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SESSIONAL PAPERS

VOLUME 35

THIRD SESSION OF THE TWELFTH PARLIAMENT

:,J[inr

DOMINION OF CANADA

SESSION 1914

^

VOLUME XLVIII.

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y^^^

JO 9 i (• C .'

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

ALPHABETICAL INDEX

TO THE

SESSIONAL PAPBES

OF THE

PARLIAMENT OF CANADA

THIED SESSION, TWELFTH PARLIAMENT, 1914.

Auditor General for year ended March
31, 1913, Vol. I, Pts. A to .T ; Vol.
II, Pts. K to U, and Vol. Ill, Pts.
V to Y 1

Agriculture, Report of Minister of,

ended March 31, 1914 15

Agriculture, Dept. of ; number of lec-
turers, inspectors, &c., belonging to,
in Province of Nova Scotia, &c. . . . 253

Agriculture, Dept. of ; corre.spondence
with re importation of pure bred ani-
mals into Canada 260

Agricultural Instruction Act : copy of
all arrangements between Govt, and
Provinces under 298

Aldershot Camp, N.S., re supply of ice

for season of 1914, &c 256a

Aldershot Camp, N.S., accounts re sup-
plies for summer and autumn drill
at, 1913 256

Antigonish Harbour, correspondence ^e

dredging of, &c 232r

Antigonish Co., N.S., Blue Rock Break-
water in, re expenditures on in 1913,
&c 232V

Archives : Documents re Constitutional

History of Canada, 1791-181S, &c.. 29c

Arichat, N.S., re Public Building at,

expenditures on, &c 232(2m)

Armstrong, David, mail carrier of

city of Sherbrooke, re dismissal, &c. 70 (2&)

Asiatics : Immigration of, &c., in re-
lation to O. in C. passed Dec. 19,
1913, restricting such into B.C. . . 261

Appointments : —

Of the Moosejaw Post Office em-
ployees, salary, &c . . 77

Of Mr. Pierre Cournoyer, Postmas-
ter at St. Pierre de Sorel, County
of Richelieu, &c 77a

63433—1

Appointments : — Continued.

Of Public Officers in city of Quebec,
Depts. of Inland Revenue, Rys.,
Customs, Immigration, Marine, &c.,
since Oct. 1, 1911, to April 14,
1913; names, duties, &c 77&

H. P. Duchemin re copy of instruc-
tions issued to, on appt. as Com-
missioner in N.S., &c 77e

Of Train or Ticket Agents on I.C.Ry.
and P.E.I. Ry., amts. rec'd, re-
sults, &c 77c

Of J. G. H. Bergeron as Commis-
siioner ; date of, number of inves-
tigations held, &c 77d

Of F. Roy as Postmaster of St. Phil-

lipe de Nery, Province of Quebec. 77/

Of Mr. J. G. H. Bergeron as Com-
missioner, &c Tiff

Of Mr. T. J. Oliver, of Humboldt,
Sask., to present position ; also
appt. of successor at 77ft

Of successor to W. S. McKechnie,
Dom. Lands Agent, Prince Albert,
Sask, &c 77*

Of Jos. Lemieux, Pos master at Mont

Louis, County of Gaspe, &c. . . . 77^

Of successor to C. A. R. Desjardins,
Postmaster at St. Andre de Ka-
mouraska, &c 78

Of for year 1913, of Captains, first
and second Engineers lor Dredges
1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11,
Dept. of Marine, below Montreal :
Appointment of Captains and En-
gineers for 1913 for Tugs ' Car-
melia,' ' Chambly,' ' Contrecceur,'
' De Lev'is," ' Emilia,' ' Iberville,'
' Jas. Howden,' ' Jesse Hume,' &c. 77*

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

A

Of number of additional employees
added to Customs Dept., city of

Halifax, since Oct. 10, 1911.. Ill

Of correspondence re appt. of Care-
takers of Post Office at Rigaud,
&c 77m

Of Morrison, Allan, St. Peter's, N.S.,
Inspector of dwellings in Gregory
Island, N.S., 1912-1913 77n

Of names, length of .service of all
employees, Dept. Interior, in out-
side service since Jan. 1, 1912, to
Dec. 31, 1913 77o

Of number of appointments made in
Customs at Montreal since Oct. 1,
1911, names, salaries, &c 77p

Of number of Engineers, Asst. En-
g-ineers, Clerks, Divers, Dept. of
Public Works, in Co. Bonaventure,
since Oct. 1, 1911 77g

Of showing whether Liouis P. Thi-
bault, Alphonse Poirier, J. A.
Morin, C. P. Rioux, and others,
were appointed by Postmaster
General 77r

Of correspondence re appointment of
present Collector of Customs at
Antigonish 77s

Of correspondenee re appointment of
present Collector of Customs at
Antigonrish 77t

B

Belanger, Capt. of Stmr. ' Eureka ' ;
correspondence between, and Dept.
Marine and Fisheries, year 1912 . . 249

Binders, Reapers, Mowers, &c., export-
ed to Canada, values, &c., in 1910,
1911, 1912, 1913 184

Bonaventure Co., Que., expenditure in-
curred since Oct. 1, 1911, re investi-
gations held in 93G

Boring Mill at Lethbridge, Alta., cor-
respondence in Dept. of Customs re-
lating to 213

Banks, Shareholders in Chartered, of
the Dominiion of Canada, to Dec. 31,
1913 6

Banks, unclaimed balances, &c., in . . 7

Barre, Etienne, Trudeau, .Tos., of muni-
cipality of Chambly Basin, re peti-
tion of, to Minister of Jvistice. . . . 214

Bergeron, J. G. H., Inquiring Commis-
sioner— Report made by, re Dr. J.
D. PagS, Quebec, year 1913 60

Bergeron, J. G. H., return showing date
of appointment, salary, travelling
expenses, number of investigations,
&c 77<«

Bertrand, Mrs. C. F., Dionne, Arht6-
mise. re purchase of land from, con-
nection with works, &c 2322/

Boards of Conciliation, Report of for

year 1913 36a

Bonds and Securities, Statement of all

since Dec, 1912 39

Bonaventure Co., Que., Expenditure of
public moneys in, since Oct., 1911, to
Feb., 1914 232 (2»)

Blais, M. C, Documents re resignation
from Govt, yards at St. Joseph de
Sorel, and appointment of successor. 146

Bourinot, John C, Seizures made by,
as Preventive Officer and Collector
of at Port Hawkesbury, N.S., &c. ..
Bourinot, John C, Return re telegrams,
letters, &c., received or sent to, by
Dept. Customs, during years 1895-

6-7

Boutillier's Island, Lunenburg Co.,
N.S., correspondence re tenders, ac-
counts, &c., connected with

Branch Lines of Ry. of I.C.Ry. re con-
struction of into Co. of Guysbor-.

ough, &c

Branch Lines Ry. of I.C.Ry re docu-
ments respecting question of acquir-
ing any or all of, also running rights

over I.C.Ry

Branch Lines of Ry. of I.C.R., Orange-
dale to Cheticamp, in Inverness Co.,

N.S., Documents referning to

Bruce, Jas., re all documents connected
with entry and cancellation of home-
stead entry of

British Columbia, Indian Lands in, in-
quiry of N. W. White during 1912-

1913 as Commissioner

Breakwater at Green Point, Glouces-
ter Co., N.B., re construction of a...
Breakwater at Goulman's Point, Guys-
borough Co., N.S., correspondence

re

Breakwater at Blue Rock, Antigonish,

N.S

Breakwater at Meat Cove, N.S., &c. ]
White Point, N.S., &c.
Mill's Harbour, N.S.,

&c

" McLeod's, Ingonish,

&c

" Breton Cove, N.S. . .

" Little Bras d'Or, N.S.

" Cape Dauphin, N.S...

" Point Anconi, N.S. .

" .Tamesville, N.S

at the Graff, Halifax,

N.S

Bhwagan Singh, a Sikh Priest, cor-
respondence re the deportation of,
&c

C

Campbell, John, and Albert E. Milli-
gan^ correspondence re expropriation
of lands of 232(2A)

Canadian National Bureau of Breed-
ing, Ltd., date of incorporation of,
names, &c., of members of 289

Chateauguay 'River, re damming of,

number of employees on. wages, &c. 232?

Ooal lands situated in 28-19, 27-18,
27-17 and 28-18. west of the Fourth
Meridian 110*

Coal in Canada, Report of Conservation

Commiss-ion on conservation of. . . . 210o

Customs, Report of Department of,
year ended March 31, 1913 11

Canadian Northern Railway Co. : —
No. 1. Copy of trust deed, date 30th
•Tune, 1903, between, and British
Empire Trust Co, &c 269

49a

49
168
86a

117

117C

llOe

130

165

232/
23 2v

271

232(2s)
267

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

C

No. 2. Copy of trust deed, date 6th
May, 1910, between, and British Em-
pire Trust Co., &c 269a

No. 3. Copy of trust deed, date 19th
Nov., 1913, between Mackenzie,
Mann, Ltd., and British Empire
Trust Co., &c 269&

No. 4. Statement of floating liabilities
of Ry. Co.s in general title of Cana-
dian Northern Ry. System 269c

No. 5. Statement of securities pledged
as collateral to Temporary Loans of
Canadian Northern Ry. System . . 269rf

No. 6. Statement of Engineer's Esti-
mate of cost of completing Cana-
dian Northern Ry. System 269e

Statement of Capital Stock authorized
and issued of Companies set out in
first schedule 269/

Approximate estinnate of betterments
for six years of Canadian Northern
Ry. System 269fl'

Statement bearing on financing of
Canadian Northern Ry. System to
Dec. 31, 1913 269ft

Papers and Statements re Canadian

Northern Ry. System, &c 269t

Copy of trust deed dated Oct. 4, 1911,
Canadian Northern Ry. to Guardian
Trust Co., Limited, &c 269/

List of Companies whose total stock is
owned by Canadian Northern Ry.
Co., &c 269fc

Further Statements bearing on financ-
ing of Canadian Northern Ry. Sys-
tem 269i

Correspondence, telegrams, &c., from
Premiers of Provinces of N.S., B.C.,
Alberta and Sask. re matter of aid. 269»H

Copy of trust deed, Dec. 28, 1903, Lake

Superior Terminals Co., Ltd., &c. . 269"

Colonels, Honorary do, Lieut, do, re
return showing number appointed by
Minister of Militia since Oct. 11, to
March 31, 1914 218

Return re number of Honorary ap-
pointments to Military rank made
by Minister of Militia, &c 218rt

Canal Statistics, season of Navigation,

1913 20O

Canadian Forestry Association, Com-
munications made by, to the Govt.,
&c 45

Canadian Pacific Railway Strikes, Re-
turn re application for Board of
Conciliation, &c 62

Canadian Pacific Railway Coy, re
lands sold by, year ended Oct. 1,
1913 107

Canadian Pacific Railway, Copy of all
contracts with Dept. Rys. with re
Joint station at the Palais, Quebec
city 114&

Chesley, Village of, South Bruce, re

installation of letter boxes in, &c. . . 209

Civil Service Insurance Act, Statement

re, for year ending March 31, 1913. 51

Civil Service, Superannuation and Re-
tiring Allowances in, during year
ending Dec. 31, 1913, &c 52

Civil Service, Inside, Number of per-
sons appointed, not passing exams.,
held in May and November each
year iOl'J

63433— 1^

Civil Service, for each Dept. of Civil
Service, names, salaries, &c., of em-
ployees ; also names, &c., not in
Service, employed in any Dept., since
Oct. 10, 1911 ; also names removed
from oflice, &c

Civil Service, Number of Certificates
asked from Civil Service Commission
since March 31, 1913 ; number re-
fused, and reason for, &c

Civil Service, List for 1913

Civil Service Commission, Report of,
for year 1913

Commissioners appointed by Govt,
since Oct. 10, 1911, Number of;
names, amount paid, number still
under pay

Commissions created since Oct. 10,
1911, Return asking for copy of;
copy of evidence taken, report, &c..

Commissions created since Oct. 12,
1911, Names and members of, pur-
poses, salaries, &c

Country Harbour, Guysborough, Co.,
N.S.. Survey of line of Ry. from, to
Cape George, N.S.

Conference of Representatives of the
Provinces held Oct., 1913, Minutes
of &c

Criminal Statistics, year ended Sept.

30, 1912 (Appendix to Report of
Minister of Trade and Commerce for
year 1912)

Cruiser, D.G., 'Margaret,' re the build-
ing of ; contract price, names of
tenderers, &c

Criminals releasee^ from parole from
Penitentiaries, &c., year ended Mar.

31, 1913, &c

Car Ferry Service between Mainland

and P. E. Island, Correspondence,
&c., re

Canadian Contracting Coy, showing
names of promoters and powers
given to Company, by letters patent.

Cape Breton Railway, re purchasing of
by Govt., and building line from St.
Peter's to Sydney and Louisbourg.

Canal, Soulanges, Names of employees
on. salary, date of hiring, &c.. ..

Central Ry. Co. of Canada, re applica-
tion of, for change of route, to
Dept. of Rys. and Canals

I'entral Ry. Co. of Canada, Annual
Report by, to the Railway Dept. . .

-'imon, Hon. Mr. Justice, re amount of
money received by, from 1890 to
1913, during time of connection with
Kamouraska

Chartered Banks in Canada in liqui-
dation since Confederation, Number
of ; date in each case, &c

Citizens of the United States, how
many employed by Govt, since Nov.
1, 1911

fhemical Manure, re report of Geo.
Lafontaine respecting manufactur-
ing of, during fiscal year

Chinamen, Number of entering Can-
ada in years 1911, 1912 and 1913. . .
'olpitts, Gustavus A., re detention at
Rimouski on steainship in Sept.,
1911, by ofl^cers of Govt, &c. . ..

104^7

104ft
30

31

86
119a

17

215

274

12la

194

171
127

82
136

280

183

94.

223
196

195

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

O

Combines Investigation Act, Board
appt. under, to investigate United
Shoe Machinery Co., Report 154

Commissions, re each issued by Govt,
since Oct. 10, 1911; Copy of Evi-
dence, &c 91&

Commissions formed by Govt, since
Oct., 1911 ; names, occupations of
Commissioners, &c 9lc

Commission for purpose of beautify-
ing Ottawa city and vicinity. Cor-
respondence re, &c 91d

Commissions created by legislation or
Orders in Council since Oct. 12,

1911, Members of, &c 9le

Commission of N. W. White to inquire

into Indian Lands in British Colum-
bia 138

Commission to investigate the cost of
living, copy of O.C. appointing same. 132

Commissions appointed under Inrjuir-
ies Act ; number of since Oct. 1,
1911 ; names of Commissioners, &c. 91/

Constitutional History of Canada, 1791-

1818, Documents re, &c 29c

Coteau Landing, Names of wharfing-
ers at ; number of vessels moored
at, &c 250

Customs Tariff Act, &c.. Correspond-
ence re temporary suspension of, re
wire rods, &c 116

Customs Act, Copy of Orders in Coun-
cil since June, 1914, altering rates
of duties existing under, &c 156

Customs Building in Village of Ches-

ley, South Bruce, Documents re, &c. 232(2/i)

D

Dairy and Cold Storage, Report of
Commissioner of, for year ending
March 31, 1913 15a

Distilled Water &c.. Amount paid for,
in Ottawa by Govt, since Jan. 1,

1912, to March 1, 1914, also cost per

day 247

Dominion Lands, Order in Council re,
between Oct., 1912, and Nov. 30,

1913, Forest Reserves Park Act. ... 110
Dominion Lands. Orders in Council re,

between Oct. 1, 1912, and Nov. 30,

1913 HOC

Dominion Lands Regulations re dis-
position of, from Oct., 1911, to Jan.,
1912, &c 43

Dominion Police Force, Average nuin-
ber of men employed on ; travelling
expenses, &c 112

Dorchester Penitentiary, re vacancy of
Deputy 'V^'■arden. and appt. of succes-
sor to Mr. A. B. Pipes, &c 174

Dredging operations in British Colum-
bia 101

Dredging at Bathurst Harbour, N.B.,
relating to, done on bar, seasons of
1910.1911,1912,1913 170

Dredging at Bathurst Haibour, N.B.,
re all tenders for, and contracts
awarded 170o

Dredging at Bathurst Harbour, N.B.,
Correspondence re deposit of sand,
&c., dumped into S.W. channel.. .. 179&

Dredging at Bonaventure River, all

documents, &c., connected with.. .. 232e

D

Dredging, Nova Scotia Dredging Co.,
re dredging performed by, or other
companies, at Jeddore, N.S 23 2/

Dredging in Harbour of St. John. N.B.,
or tributaries. Number of firms or
persons engaged in, since Oct. 1,
1911. . . 232n

Dredging in Harbour and River, St.
John, N.B., Number of tug boats en-
gaged in connection with, since
Sept. 21, 1911 232p

Dredging of Des Prairies River, all

documents re, &c 23 2 (2a)

Dredging operations carried on in

Bonaventure Co. in 1913 232(2(/)

Dredging operations at Port Elgin,

N.B., all documents relating to, &c. 232 (2p)

Dredging, Surrender of contract for, in
Miramichi Bay, N.B., by A. & R.
Loggie 232(2t)

Dry-Dock, Specifications, tenders. &c.,

re proposed, at Lauzon, Que 232rt

' Destructive Insect and Pest Act,'

Regulations under 65

Desjardins, C. A. R., Postmaster at
St. Andre de Kamouraska, re resig-
nation of, &c 78

Demers, Eugene, and Jos. Olivier,

Claims of, against the I.C.Ry, &c.. 85b

Deputy Ministers, Number of em-
ployees under each, &c., also salary
of Customs Commissioner &c. . .. 104i

Dog-Fish Reduction Works at Clark's
Harliour, N.S., Cost of m.aintenance,
receipt-, &c., years 1910, 1911. 1912. 67

Duties, Remission and refund of, un-
der section 92, Audit Act 66

Dubisson, Arthur, re employment of, as
Immigration Agent at Gravelburg,
Sask 77w

Duchemin, H. P., Return re date of
appointment, number of investiga-
tions held since, &c 93/

Duchomin. H. P., Return re expendi-
ture? by I.C.Rv. in connection with
inquiries held by 33i7

Dismissals : —

Return re dismissal of Horace Rin-
dress. Quarantine Medical Officer,
North Sydney, N.S 44

Return re dismissal of A. T. Dou-
cett. Postmaster and Collector of
Customs at Salmon River, Digby
Co., N.S 44a

Return re dismissal of Alex. Bour-
que. Storm Signal Agent at Bona-
venture, Que 44&

Return re dismissal of Patk. Con-
way, Lightkeeper, White Head Is-
land, N.S 44C

Return re dismissal of Capt. Wm.
Smith, Coxswain, Lifeboat at Shel-
burne, Co., N.S 44a

Return re dismissal from Public
Oflices, Co. of Kings, 'N.S., since
Oct. 11, 1911 44c

Return re dismissal of Jos. E. A.
Landry, Lightliouse keeper, St.
Omer, Que., Copy of charges
against 44/

Return re dismissal of Colin Mc-
Ipaac, Preventive Officer at Port
Hood, N.S 4ig

4-5 George V.

Alphabetical' Index to Sessional Papers.

A. 1914

D

Return re dismissal of Mr. Peslia,

Postmaster at Kent Bridge, Ont. 44ft
Return re dismissal of John F.
Reeves, Postmaster at Mulgrave,
N.S 44t

Return re dismissal of Havelock Mc-
Leod, Postmaster at Big Intervale,
Inverness Co., N.S 44^

Return re dismi.'ssal of S. Lapointe,
Postmaster, St. Eloi, Temlscouata
Co., Que 44fc

Return re dismissal of Wm. Bow,
Postmaster at Winchester Village,
Dundas Co., Ont 44Z

Return re dismissal of Mrs. Ellen
O'Neill, Postmistress at O'Neill's
P.O., Westmorland Co., N.B . . . . 44w

Return re dismissal of Ale::. Labil-

lois. Postmaster at Miguasha. . . 44n

Return re dismissal of Madame Z.
Narcotte, Postmistress, Nouvelle
West, Bonaventure Co., Que. . . . 44o

Return re dismissal of Jos. Venault,
Postmaster at Quay, Co. of Levis,
Que 44P

Return re dismissal of Postmaster
at Osage, Saslc, and appointment
of successor, &c 449

Return re dismissal of Geo. Taylor,

Postmaster at Bickerton, N.S . . 44r
Return re dismissal of Mile Paul-
hus. Postmistress, Point St. Vic-
toire. Que 48s

Return re dismissal of Perker S.
Hartt, Postmaster at South Man-
chester, N.S 44t

Return re dismissal of Chas. L.
Gass, Postmaster at Bayfield, N.S.,
also copy of evidence, &c 44u

Return re dismissal of Madame Bel-
zil, Postmistress at St. Octave,
Co. of Rimouski, Que 44V

Return re dismissal of John McDon-
nell, Postmaster at Essex, Inver-
ness Co., N.S 44to

Return re Jas. Bain, Postmaster of

Ninga P.O., Ninga Manitoba.. .. 44a?

Return re dismissal of Wm. McKin-
non, Postmaster at Erinville,
Guysborough, N.S 441/

Return re dismissal of J. N. Clou-
tier, Postmaster at St. Benoit
Lake, Beauce Co., Que 44«

Return re dismissal of Mrs. Weave,
Postmistress at Coal Creek,
Queen's Co., N.B 44 (2a)

Return re dismissal of Postmastei'S
in Bonaventure Co., by present
Government, &c 44(2b)

Return re dismissal of Alex. Eraser,
Postmaster at Eraser's Grant, An-
tigonish Co., N.S 44(2c)

Return re dismissal of all public offi-
cers by present Government in
the district of Portneuf, &c. . .. 44(2d)

Return re dismissal of the Postmast-

ters in Co. of Two Mountains, &c. 44 (2e)

Return re dismissal of Thos. Chalm-
ers Mcl.iean, Postmaster at Ivera,
North Cape Breton and Victoria,
N.S 44(2/)

Return re dismissal of C. P. Blan-

chard, Posmaster at Truro, N.S. 44(2£r)

D

Return re dismissal of Samuel At-
wood, Atwood's Brook, Shelburne
Co., N.S 44 (2ft)

Return re dismissal of Postmasters
in Co. of Berthier, since 21st Sep-
tember, 1911, &c 44 (2i)

Return re dismissal of Wilfrid Pelle-
marre. Postmaster at Hervey
Junction, County of Portneuf .. 44(2/)

Return re dismissal of Rufus D. Cor-
rigan, Postmaster at Sand Point,
Guy.sborough Co., N.S 44(2fc)

Return re dismissal of Daniel Dun-
lop, Postmaster at New Campbell-
ton, North Cape Breton, N.S.. .. 44 (2J)

Return re dismissal of Duncan Cam-
eron, Postmaster, Craigmore, In-
verness Co., N.S 44 (2m)

Return re dismissal of Angus Cam-
eron, Postmaster at Fairlight,
Sask 44 (2n)

Return re ddsmissal of M. Sauriol,
Postmaster, Port Janvier, Co. of
Terrebonne 44(2o)

Return rf dismissal of Donald John-
ston, Postmaster, Leitche's Creek ;
changes made in names of
Leitche's Creek, &c. 44(2p)

Return re dismissal of Jas. McLees,
Postmaster at Bishop's Mills,
Grenville Co., Ont., &c 44(23)

Return re dismissal of Mrs Sara C.
Rankan, Postmistress at S. W.
Ridge, Mabou, N.S 44(2r)

Return re number of dismissals
from publii3 service in County of
Cumberland, N..S., from June 23,
1896, to September 21, 1911, &c. . 44(2s)

Return re dismissal of all employees
in Co. of Three Rivers, and St.
Maurice, since Oct. 15, 1911, to
April, 1913 44(20

Return re number of dismissals by
present Govt, in constituency of
Regina, up to Dec. 10, 1912.. .. 44 (2m)

Return re dismissal of all public offi-
cers by present Govt, in Co. of
Kamouraska, names, duties, &c. 44 (2u)

Return re dismissal of all public offi-
cers by present Govt, in Co. of
Prince, P.E.I., up to Feb. 10,
1913, &c 44(210)

Return re dismissal of all public offi-
cers by present Govt, in Strath-
cona Riding, to Dec. 10, 1912.. 44(2a:)

Return re dismissal of all public offi-
cers by present Govt, in Saltcoats
Riding, to Dec. 10, 1912 44(22/)

Return re dismissal of all public offi-
cers by present Govt, in Co. of
Champlain since Oct. 15, 1911, to
April, 1913 44(23)

Return re dismissal of all public offi-
cers by present Govt, in Co. of
Cumberland. N.S., since Oct. 11,
1911, to March 3, 1913 44 (3n)

Return re dismissal of all public offi-
cers by present Govt, in Co. of
Westmorland, N.B., since Oct.
1911, to Feb. 3, 1913 44(36)

Return re dismissal of all public offi-
cers by present Govt, in Co. of
Annapolis, N.S., since Oct., 1911,
to Mar. 3, 1913 44(3C)

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

D

Return re dismissal of all public offi-
cers by present Govt, in Co. of
Nicolet, since Oct., 1911, to April
28, 1913 44(3d)

Return re dismissal of all public offi-
cers in constituency of Victoria,
Alta., to 29th Jan., 1913, &c. . .. 44(3e)

Return re dismissal of all public offi-
cers by present r'ovt. in Co. of
Shelburne and Queens, N.S. . .. 44(3/)

Return re number of Postmasters
dismissed in County of Antigon-
ish, N.S 44(3a)

Return re dismissal of Dr. Freeman
O'Neill, I^ort Physician, Louis-
burg, C.B., N.S 44(370

Return re dismissal from public offi-
ces by present Govt, in County of
Digby, N.S., since Oct. 11, 1911,
to Mar. 3, 1913 44(3i)

Return re dismissals from public
offices bv prrsent Govt, in Co. of
Queens-Shelburne, N.S., since Oct.
11, 1911, to date 44(37)

Return re dismissals from public
offices by present Govt, in city of
Quebec, Dept. of Rys. and Canals
and others 44(3?0

Return re dismissals from public
offices by present Govt, in Co. of
L'Assomption, Que., &c 44(30

Return re dismissals from public
offices by present Govt, from each
Dept., names, P.O. address, since
Oct. 11, 1911 44(3»i)

Return re dismissals from public
offices by present Govt, in Co. of
Digby, N.S., since Oct. 11, 1911,
to Mar. 3, 1913 44 (3n)

Return re dismissal of Phileas Ha-
bel, Lightkeeper, St. Louis de Lot-
binere. Co. of Lotbiniere, Que... 44 (3o)

Return re dismissal of Fishery Over-
seer Migneault at Seven Islands,
and appt. of Elzear Levesque .. 44 (3p)

Return re dismissals from public
offices by present Govt, in Co. of
Maskinonge since Oct. 11, 1911, to
April 28, 1913 44(3g)

Return re dismissals from public
offices by present Govt, in Co. of
Kings, N.S., since Oct. 11, 1911, to
Mar.. 1913 44 (3»-)

Return re dismissals from public
offices by present Govt, in Co. of
Colchester, N.S., since Oct. 11,
1911, to Mar. 3, 1913 44(3s)

Return re dismissals from public
offices by present Govt, in Co. of
Hants, N.S., since Oct. 11, 1911,
to Mar. 3, 1913 44 (3f)

Return re dismissal of Miss Eugenie
Dorion from office of P. O. Inspec-
tor, Quebec. &c 44(3")

Return re dismissal of Jas. R. Laing,

Postmaster, Liscombe, N.S., &a. 44 (3v)

Return re dismissal of A. L. Des^ve,
Onicer in charge of Fish Hatch-
ery. Magog. Que., &c 44(3io)

Return re dismissal of Jas. T. Rich-
ardson, Sub-Collector of Customs,
Humboldt, Sask 44 (3a:)

Return re dismissals from public
offices in constituency of Regina,
names, &c., to Dec. 10, 1912.. .. 44(33/)

D

Return re dismissal of Mr. Hicks
from Customs Service, Bridge-
town, N.S., &c 44(3^)

Return re dismissal of Ralph Har-
ris, Sub-Collector of Customs at
Pelee Is'-^nd, Ont 44(4a)

Return re dismissal of Aylmer Orton,

Customs Officer at Windsor, Ont. 44(46)

Return re dismissal of Fredk. Fors-
ter, Sub-Collector of Customs,
Kingsville, Ont 44(4c)

Return re dismissal of Andrew Dar-
ragh. Immigration Officer at
Windsor, Ont., &c 44(4d)

Return re dismissal of John Hal-
stead, Immigration Officer at
Windsor, Ont., &c 44(4c)

Return re dismissal of Napol6on
Daigle, Lightlvceper at Barre-a,-
Boulard, St. Louis de Lotbiniere,
Que 44(4/)

Return re dismissals from public
offices by present Govt, in Co. of
Cumijerland, N.S., from June 23,
1896, to Sept., 1911 44(4f;)

Return re dismissal of Jas. H. Smart,

Postmaster at Kingsville, Ont., &c. 44(4ft)

Return re dismissal of John A. Roy,
Postmaster at Maitland, Co. of
Hant.s, N.S 44 (4i)

Return re dismissal of Thomas Nel-
son, Postmaster at Scotch Village,
Co. of Hants, N.S 44(4;")

Return re dismissal of Albert Mc-
Heffey, Po-stmaster, Shubenaca-
die, N.S 44(4fc)

Return re dismissal of C. Stewart,
MrPhee, Postmaster at Enfield,
Hants Co., N.S 44 (4J)

Return re dismissals from public
offices by present Govt, in West-
morland Co., N.B., since Feb. 1,
1913, to Feb. 2, 1914 44(4»n)

Return re dismissal of D. Dishaw,
employee of Marine Shipyard at
Prescott, Ont 44(4n)

Return re dismissal of A. Michael
Russell, caretaker drill hall,
Windsor N.S 44(40)

Return re dismissal of Mr. A.
Goyette, Postmaster at St. Vale-
rien de Milton, Shefford, Que., &c. 44 (4p)

Return relating to investigation re
charges against P. D. Bourdage,
Lightkeeper, Bonaventure Point,
Que., &c 44(4q)

Return relating to investigation re
charges against Louis Bujold,
Lightkeeper, Carleton Pt., by W.
S. Montgomery and others 44 (4»*)

Return re dismissal of Mr. Shinbine,
Caretaker Immigration Hall, Ed-
monton, &c 44(4s)

Return re dismissal of Mr. Webster,
Immigration Agent at Edmonton,
&c 44(40

Return re dismissal of Jacob Mohr,
Interpreter at Immigration
Agency, Edmonton 44(4m)

Return re dismissal of P. Tompkins,
Dominion Lands Agent at Gir-
ouard, &c., also name of succes-
sor 44(4v>

6

4-5 George V,

Alphabetical Index to Sessional Papers.

A. 191-i

D

Return re dismissals of Inland Rev-
enue Dept., Bonaventure Co., since
Jan. 1, 1913, to Feb. 3, 1914, also
appointments. 44(4to)

Return re dismissal of Mr. Arthur
Dupuis, Postmaster at Pontbriand,
Megantic Co.. &c 44(4x)

Return re dismissal of Jos. Serguis
Archambault, Po.stmaster of Town
of Terrebonne, also appt. of suc-
cessor 44(4j/)

Return re dismissal of Martin Lani-
gan. Postmaster, Sexton, Co. of
Kent, N.B., minutes of evidence
re 44(42;)

Return re dismissal of Felix Ray-
mond, Postmaster, Ste. Scholas-
tique Village. Que 44(5«)

Return re Sub-Lands Agency at

Gravelbourg, Saskatchewan .. .. 44(5&)

Return re dismissal of all public offi-
cials by present Govt, in Co. of
Kings, N.S., &c 44(5c)

Return re dismissal of Postmaster
at Ainslie Green, Inverness Co.,
N.S., and appt. of successor.. .. 44(5d)

Return re appointment of a Post-
master at Upper Ohio, Shelbume
Co., N.S., &c 44(5c)

Return re dismissal of .los. H. L,e-
febvre, Postma.ster, Howick Sta-
tion, Chateauguay Co 44(5/)

Return re dismissal of Postmaster at
Alexander, Inverness Co., and
appt. of successor, &c 45(P)

Return re dismissal of N. H. Mc-
Leod, N. East Margaree, N.S., offi-
cial of Geological Survey. &c. .. 44(5ft)

Return re dismissal of M. Barry
from Marine Dept. at Prescott,
Ont 44(5i)

Return re dismissal of W. Granton,

Marine Dept. at Prescott, Ont. .. 44(5^)

Return re dismissal of Postmaster
at Fletwode, Sask., also changing
of said P.O 44 (5A;)

Return re dismissal of all Postmast-
ers and Postmistresses in the Co.
of "Westmorland, N.B., since Feb.
1, 1913, to Feb. 1, 1914, &c.. .. 44(50

Return re dismissal of Postmaster
of St. Henri de Lauzon, County
of Levis, &c 44 (5 i")

Return re dismissal of Geo. Skates,

Postmaster at Appin, Ont., &c. . 44(5w)

Return re dismissal of Geo. J. Ryan
and Chas. Hamlin, Canadian Cus-
toms Service, Newport, A^ermont,
U.S 44 (5o)

Return re dismissal of J. Shaver,
em])loyee of Marine Shipyard,
Prescott, Ont 44(5p)

Return re dismissal of R. Lunay,
employee of Marine Shipyard,
Prescott, Ont 44(57)

Return re dismissal of J. Slattery,
employee of Marine Shipyard,
Pfescott, Ont 44(5?

Return re dismissal of J. Walsh,
employee of Marine Shipyard,
Prescott, Ont 44(5s)

Return re dismissal of W. Gerts,
employee of Marine Shipyard,
Prescott, Ont 44(50

D

Return re dismissal of D. Boivard,
employee of Marine Shipyard,
Prescott, Ont 44(5m)

Return re dismissal of G. Scott, em-
ployee of Alarine Shipyard, Pres-
cott, Ont 44 (Sv)

Return re dismissal of J. Offspring,
employee of Marine Shipyard,
Prescott, Ont w. 44 (5w)

Return re dismissal of J. Hayes, em-
ployee of Marine Shipyard, Pres-
cott, Ont 44(5x)

Return re dismissal of P. Belanger,
employee of Marine Shipyard,
Prescott, Ont 44(52/)

Return re dismissal of L. Place, em-
ployee of Marine Shipyard, Pres-
cott, Ont 44 (5s)

Return re dismissal of C. Kavanagh,
employee of Marine Shipyard,
Prescott, Ont.. 44(6o)

Return re dismissal of J. Roche,
employee of Marine Shipyard,
Prescott, Ont 44(60)

Return re dismissal of J. Mclnnis,
employee of Marine Shipyard,
Prescott, Ont 44 (6c

Return re dismissal of B. Scott, em-
ployee of Marine Shipyard, Pres-
cott, Ont 44(6d)

Return re dismissal of C. Wright,
employee of Marine Shipyard,
Piescott, Ont 44(6e)

Return re dismissal of L. Lalonde,
employee of Marine Shipyard,
Prescott, Ont 44(6/)

Return re dismissal of H. Birks, em-
ployee of Marine Shipyard, Pres-
cott, Ont 44 (6i?)

Return re dismissal of W. Jarvis,
employee of Marine Shipyard,
Prescott, Ont 44(6ft)

Return re dismissal of J. McDermott,
employee of Marine Shipyard,
Prescott, Ont 44(6i)

Return re dismissal of Geo. L
Brown, Lightkeeper, Prescott De-
pot, Ont., &c 44(6;)

Return re dismissal of J. Lane, em-
ployee Marine Shipyard, Prescott,
Ont ii(6k)

Return re dismissal of D. Perrin, em-
ployee Marine Shipyard, Prescott,
Ont 44(60

Return re dismissal of J. A. Mundle,
employee Marine Shipyard, Pres-
cott, Ont 44 (6m)

Return re dismissal of Postmaster
of Parish of St. Lambert, County
of L6vis, &c 44(6«)

Return re dismissal of Postmasters
in Bonaventure Co., from Jan. 1,
1913, to Feb. 1, 1914, &c 44(6o)

Return re dismissal of Customs offi-
cials in Bonaventure Co., from
Jan. 1, 1913, to Feb. 1, 1914, &c. 44(6P)

Return re dismissal of Postmasters
in Albert Co., N.B., since Oct. 1,
1911, to Feb. 2, 1914 44(6<?)

Return re dismissal of public offi-
cials by present Govt, in Queens,
Shelburne, Oct. 11, 1911, to Mar.,
1913 44(6r)

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

44(fis

77i

104!>

lleturn re dismissal of public offi-
cials by iiresent Govt, in District
of Kamouraska, &c

Iletuni re dismissal of W. H. Mc-
Kechnie, Dominion Lands Agent,
Prince Albert, Sask., &c

Return re names, salaries, &c., of
persons removed from different
Depts. since Oct. 10, 1011, &c...

Return re dismissal of Postmaster,
Parish Notre Dame de Charny,
Co. of L6vis, Correspondence, &c.,
re 44(60

Return re dismissal of Chas. S. M6-
lanson, Postmaster of Corberrie,
Digby Co., N.S 44(6tt)

Return re dismissal of Gordon Mc-
Donald, Homestead Inspector,
Grouard Land Agency, &c 44(6i')

Return re dismissal of W. F. Slack,
documents re suspension and re-
instating of, &c 44(6ty)

Return re dismissal of Wm. Bru-
nelle, Lightkeeper at Point a. Cit-
rouille, Champlain Co., Que., &c., 44 (Ga?)

Return re dismissal of Arthur Le-
veque, Lightkeeper at Grosse Isle,
Que., Documents re, &c 44(6J/)

Return re dismissal of L. Phillipe
Carignan, Lightkeeper, Cham-
plain, Co. of Champlain, &c. . .. 44(6".;)

Retuin re dismissal of Dominique
Levesque, Lightkeeper at Riviere
Quelle Wharf, Co. of Kamour-
aska, &c 44 (7a)

Return re number of dismissals by
Govt, in Co. of Shefford, since
Oct. 1, 1911, to Feb. 2, 1914, &c. 44 (7b)

Return re dismissal of all public
oflicers by present Govt, in Dis-
trict of Portneuf, &c 44(7c)

Return re dismis^sal of Alex. W. Fin-
layson, Lightkeeper, St. Esprit Is-
land, Co. Richmond, N.S., &c. . 44(7^)

Return re dismissal of Lightkeeper
of Cape Cove, County of Gaspe,
investigation against, in 1911 .. 44 (7e)

Return re dismissal of Dan. Cormier,
officer in the Life Saving Station
at Eastern Harbour, N.S 44(/)

Return re dismissal of Ben. V. Wil-
let, Lightkeeper at Point Duthie,
Que., and appt. of successor .. 44 (7£')

Return re dismissal of Postmasters
in the Co. of Levis since Sept.,
1911, number reinstated who were
dismissed by late Govt 44(7/i)

Return re dismissal of John A. Mc-
Lellan, Liglvtkeeper at Fish Is-
land, P.E.I 44 (7t)

Return re dismissal of Thos. Le-
Blanc, Postmaster of Allard,
Bonaventure Co., &c 44(7/)

Return re dismissal of Wm. E. Ehler,
Lightkeeper, Queensport, N.S., ex.-
pensos re investigation, &c . . .. 44(7^:)

Return re dismissal of Samuel Dick-
son, Postinaster at Seaforth, Ont.,
re investigation held, &c 44(70

Return re dismissal of Chas. Mc-
Pherson, Po.-stmaster, North River-
side, Guysborough Co., N.S., &a.. 44(7*"^)

D

Return re dismissal of Christian L. ■
Ehler, Postmaster at Queensport,
N.S., appointment of successor, &c. 44(7'^)

Keturn re dismissal of Christian L.
Ehler, Postmaster at Queensport,
&c 44(70)

Keturn re dismissal of Jas. White,
Postmaster at Sydney, B.C., re in-
vestigation held, &c 44 (7p)

Iteturn re dismissal of Postmaster
at Mount St. Patrick, South Ren-
frew ; change in location of Post
Office in i4{l<l)

lieturn re dismissal of Edwd. Dea,
officer in charge of Lobster Hatch-
ery, Port Daniel West, Que., &c. . 44 (7r)

lieturn re dismissal of A. C. Cam-
eron, Mail Contractor of Fairlight,
Sask., correspondence re 44(7s)

Return re dismissal of Geo. F.
Payne, Postmaster at Granby,
Que., appt. of successor, &c. .. 44 (7t)

Return re dismissal of Postmasters
in Co. of Portneuf, names of, num-
ber of investigations, &c 44(7w)

Return re dismissal of Postmaster
at Havre Boucher, N.S., corre-
spondence re, and appointment of
successor.. 44 (7u)

Return re dismissal of Wm. Camp-
bell, Lightkeeper, wharf at New
Richmond, and appt. of succes-
sor 4. 44(7to)

Return re number of dismissals of
public employees in Co. of West-
morland, N.B., since Feb. 1, 1913,
to Feb. 2, 1914 44 (7a;)

Return re nuinber of dismissals from
Dept. Marine and P'ishories from
Dec. 5, 1912, to April 14, 1913 .. 44(71/)

Return re dismissal of J. R. Deni-
son. Postmaster of Richmond,
Que., and appt. of successoi-. . .. 44(7-)

Return re dismissal of Arthur B
Caldwell, Asst. Inspector Weights
and Measures, Dist. of Quebec. 44(8a)

Return re dismissal of public offi-
cials in Co. of Annapolis, N.S.,
since Oct. 11, 1911, to March 3,
1913 44(86)

Return re dismissal of public offi-
cials in Prov. of P.E.I, by Govt.,
since Oct. 10, 1911, number of,
&c 44(8c)

Return re dismissal of Capt. J. De-
coste. Mate and Craneman on
dredge No. 6, during season of
1912 44(8d)

£

Estimates of sums required, for year

ending March 31, 1915 3

Estimates, Supplementary, for year

ending March 31, 1914 3 J

Estimates, Supplementary, for year

ending March 31, 1915 4

Elections, Gent ral. &c., Resumfi of, for
1896, 1900, 1904, 1908, 1911, and
By-elections between July 11, 1896,
and January 1, 1914 18

Elections, By, &c., for House of Com-
mons, for year 1913 18a

Elmira Branch Ry., P.E.I. , Total cost

of, &c 84

8

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

Employees of Depts. at Ottawa, and
in all Provinces and Territories, in-
side and outside service, who liave
left their employment since Oct. 1,
1911, up to Jan. 10, 1912, names,
&c

104
104a
104b
104C

Exchequer Court of Canada, General
Rules and Orders of, made on Sept.
24 and Dec. 13, 1913 64

Express Statistics of Canada, year

ended June 30, 1913 20e

Expenditure to June 4, 1913, by pre-
sent Govt., into alleged partizan
conduct of oflicials, &c 93a

Experimental Farms, Report of Direc-
tor and Officers of year ending Mar.
31. 1913 16

Experimental Farm at Ste. Anne de la
Pocatiere, Number of employees at,
in years 1912, 1913, &c 221

Experimental, Farm in Prov. of Que-
bec, re purchase of horses, cattle,
&c., during 1913, expenses, &c. . .. 297

External Affairs, Report of 29e

Edmonton Power Co., re lease of power
on Saskatchewan River, at Rocky
Rapids, Alberta, &c 80d

Flour and Grain, Quantities of, ship-
ped from Fort William to Port Ar-
thur by vessel, 1912, &c 46

Farm labourers and servants respec-
tively, placed by Govt. Agents in
1912, 1913; where placed, &c 182

Falmouth, Township Dyke, Hants Co.,

Expenditures, pay-lists, &c., on.. 2322

Fair, Mrs. Marguerite, Postmistress of
Black Cape, Que., Copy of charges
against, &c 207

Fairen, Frank, Evidence taken before
Commissioner to inquire into charges
ae^ninst, of partisanship 211

Falardeau, A. O., and Falardeau, C.
N., Document re withdrawal of ap-
peal in case of, in Supreme Court. 238

Farmers Bank, Correspondence re ap-
pointing Sir Wm. Meredith, Commis-
sioner ; letters re relief of share-
holders, &c 272

Ferry -Service, Steam, between New
Brunswick, Nova Scotia and P. E.
Island, all correspondence apper-
taining to the proposed, for all sea-
sons of ihe year 121

Ferry Service, Car, between Mainland
and P. E. Island, all documents, &c.,
re 12la

Fenian Raid Volunteer Bounty, Report
of Board of Inquiry re claims for
Bounty in Province of Nova Scotia. 188

Fenian Raid Volunteer Bounty, L.ist of .
applicants in N.S. whose claim.s are
approved list of, in N.S. not yet con-
sidered, &c 188a

Ferguson, John M., Correspondence re

seizure of 11 horses belcnr^inf: to, &c. 216

Fisher, Wa.rd, of Shelburne, N.S., In-
spector, re amounts paid to, for sal-
ary, expenses, &c., 1912-1913 .... 150

Fishery Hatchery at Port Daniel West,
Report of operations at, for year
1913 151

Fishing Pond at Margaree, Corre-
spondence re men appointed at, &c. 164

Fish exported from Canada to United
States, months of Oct., Nov. and
Dec, 1913, and Jan., 1914, also 1912,
1913 186

Pish, Transportation of, from Mari-
time Provinces to U.S., documents
received by Dept. since Jan. 1, 1914, 264

Forestry Associa>tion, Canadian, Do-
cuments, re ij

Eraser, Jos., re purchase of lands
from, in connection with works at
Cariboo Island, Pictou Co 248

Friar's Head Boat Harbour, re expen-
diture of money at, by Simon P.
Doucet, in 1912-13, and 1'j13-14 .. 232(2&)

Geographic Board, Report of 25ci

Gold River, Lunenburg Co., N.S., Cor-
respondence re tenders, contracts,
&c., for wharf at 167

Governor General's Warrants issued
since last session of Parliament on
acct. 1913-14 50

Government Public Buildings at Lunen-
burg, N..S., re supply of coal for, &c. 169

Government of Canada, showing cash
on deposit to credit of, in last day
of each month between April 1, 1913,
and Dec. 31, 1913 180

Government of Canada Loans placed
by on London market in years 1912,

1913 : date, copy of prospectus,
price, &c 181

Grazing Leases, Regulations ie, of

vacant Dominion Lands, &c 149

Gravelburg, Immigration Hall at, do-
cuments re, since Jan., 1912 232r

Grand Trunk Pacific Railway Co. : —
Copy of protests of, against changes
in grades from Winnipeg east-
ward, terminals at Quebec, &c. . 134
Showing who were from incorpora-
tion, and who are the officers and
directors of, amt. of capital stock,

&c 187

Estimates of cost re conSitriiC?tion of

Mountain Section of, &c 293

Grain Commission, Copy of rules, re-
gulations, &c., re hauling of grain,
made by Commission to March 2,

]914 241

Guysborough Co., N.S., re statement of
salary and expenses of Commis-
sioner Duchemin rs invesrtigationa
in 93d

H

Harbour Commissioners of Montreal,
Documents re proposed advances to,
for 1914, 1915, 1916, 1317 157

larbour Commissioners of Quebec,
Memo, of proposed im.provements for

1914 out of advances to, &c 158

larbour Commissioners of Quebec, re

construction by them of line of Ry.
to connect Trans. Ry. with Union
Station at the Palais 178

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

H

Halifax Ocean Terminals, Names of
owners from whom land has been
expropriated for 172

Halifax Ocean Terminals, construction
of Ry. from Bedford Basin to Hali-
fax Harbour, in connection with
Terminals ■ 172a

Hantsjiort, N.S., re erection of public

building at 232(2j)

Herald Publishing Co. of Halifax, re
amounts paid by Govt, to, since
Oct. 11, 1911 8ie

Hudson Bay Railway, re provisions,
supplies forwarded to Port Nelson
during: 1913 by Govt, connection
with Terminals at 201

Hydrographic Survey, 1911-1912 25/

Inland Revenue, Reports, Returns and
Statistics for year ended March 31,
1913 : —

Part I — Excise 12

" II — Inspection of Weights

and Measures 13

" III — Adulteration of Food. . 14

Indian Reserve at Sydney. N.S., re
sale and transfer of, and removal of
Indians therefrom 198a

Indian Titles, Report re presented to
Superintendent General Indian Af--
fairs, Aug. 20, 1909 47

Immigrants, Pocuments re mental,
moral and physical inspection of all
entering Canada 228

Internal Economy Commission, Report

of, for 1912-1913 109

Interprovincial Conference, Copy of
proceedings and resolutions adoiJted
at last 119

Interprovincial Conference, Minutes of
proceedings in Conference of Repre-
sentatives of 119a

International Convention for safety of

human life at sea. Copy of 129

Imperial Naturalization, Correspond-
ence between Imperial Govt, and
Govt, of Canada Ill

Imperial Naturalization, Documents re
passing of an Act in Great Britain
and Dominions providing for . . . . Ilia

Indian Affairs, Report of 27

Inspectors of Agents, Reports made
by, re placing farm labourers, do-
mestic servants, &c., in years 1912-
13 290

Industrial Disputes of, 1913, between
operators and employees in Coal
Mines on Vancouver Island, also be-
fore or since 1913 1-47&

Internation'al Conference on safety of
life at Sea, O.C. appointing repre-
sentatives of Canada on, &c 129o

Industrial Disputes of 1913, between
operators and employees in Coal
Mines on Vancouver Island, also be-
fore or since 19i3 147

Irish, Fred. R., Postmaster at Afton,
N.S., Correspondence re charges
against 78a

International Purity Congress, Report
of Delegates appt. by Govt, of Can-
ada to attend in November, 1913.. 281

I

Intercolonial Railway : —

Return re amounts of receipts and
expenditures on, during months
of April, May and June, 1913, also
same re corresponding months of
" 1912; also working expenses, &c.,
for same periods 126

Total revenue of, during fiscal year
1912-1913, revenue east and west
of Campbellton, N.B 126o

Names of persons from whom land
has been ex])ropriated, in connec-
tion with Dartmouth and Dean
Settlement brancli of 128

Documents re claim for damages
from fire in Village of Hopewell,

Pictou Co., N.S 85C

Electrical Branch at Moncton, con-
duct of John W. Gaskin and
otliers, cost of inquiry into, &c. . 93i

Documents re lo.ss of horse killed on
Sept. 10, 1913, property of John
Roy, of Amqui 152

lie increase of freight on live stock
carried over; tariff of May 1,
1913, compared tariff April, 1909. 153

Agreement, Copy of, between Cana-
dian Govt. Rys. and C.P.Ry. Co.
re freight and passengers between
Halifax and St. John over I.C.Ry.,
making Halifax terminal port, &c. 155

lie any arrangement between, and
C.P.Ry. in 1913, re hauling C.P.
freight and passenger transit be-
tween St. John and Halifax .... 173

Re local minimum rate of freight,
small parcels on, prior to Oct. 10,
1911, also present rate on same to
Feb. 12, 1914 189

Re papers, plans, &c., re shortening
of distance between Pictou and
Port Mulgrave and bridge connec-
tion 197

Re purchase of quantity of coal for,
in United States within past few
months 199

Re time when I.C.Ry. called last for
tenders for coal supply, also P.B.I.
Ry. ; number received, &c 199a

Re freight rates on flour, hay, oats,
lumber, &c., between Bathurst,
N.B.. and Nepisiguit Junction, and
other places, &c 200

Re purchase of property in Moncton
owned by late P. S. Archibald,
now occupied by General Supt. . . 202

Supplementary re property in Monc-
ton owned by late P. S. Archibald,
now occupied by General Supt. . . 202o

Freight rates under old tariff on
fresh, dried and cured fish, molas-
ses, &c., from Gloucester Jet. and
Bathurst to St. John 203

Copy of all documents, &c., re pro-
posed diversion of, from Linwood
Station, through Linwood, Cape
Jack, &c ind

Names of contractors, &c., for
double-tracking, from ChaudiSre
Curve to St. Romuald, Que., from
NeLson to D. Junction, N.B. . . . 117»

Re elimination of present grades, re-
placing light bridges with heavier,
and all reports thereon by F. P.
Gutelius 117/

10

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

I

Re total earning-s on Division 3, in
connection with passenger traffic,
years 1910, 1911, 1912, 191S.. .. 126&

Re purchase of property in Monc-
ton, N.B., formerly owned by late
P. S. Archibald, &c 2026

Re retirement of Amasa E. Killam,

an official of 229

Number of engineers employed at
Moncton, and names of ; number
of formerly in employ of C.P.R.,
&c 235

Rules, regulations re employees on

IC.R. and P.E.I.Ry 242

All documents re refusal of Dept. to
permit employees of Ry. to attend
Militia Camp last year 270

Bringing of, to ballast ground at
Sydney, N.S., wharf at Sydney
Mines, &c 271

Number of passengers, tons of
freight, total earnings, number of
cars, &c., carried by C.P.Ry. over
I.C.Ry. under agreement between
said Rys., from Nov. 13, 1913, to
March 31, 1914, &c 283

Showing number of cars purchased
in past six months, quantity, price,

&c 1996

Ice-breaker, Documents, &c., re con-
struction of, by Canadian Vickers
Co., of Montreal 301

Immigration : —

Reports re, made by C. F. McKin-
non, P. A. McEchen, John A. Mc-
Dougall, J. M. McDonald, Wm.
Walkins, S. P. Fream and J. J.
Walker, Special Agents, from
Nova Scotia 244

Names, duties, &c., of officials in
both inside and outside services
of, in 1911 and 1913 42

Jackson, Mr. J. S., Correspondence,
&c., re appt. of, Supt. of Govt.
Shipyards at St. Joseph de Sorel. 69

Judges, Number of, retired since 1880,

names, salaries, reasons for, &c. . . 284

Justice, Dept. of. Names of lawyers
representing, in Dist. of Quebec
since Sept. 21, 1911, &c 237

Justice, Report of Minister of, for year

ended March 31, 1913 34

K

Karluk, Documents containing all in-
formation re charter, outfit, in-
structions, &c., of the stmr. . . . 191

Kelly, Wm. J., all documents re im-
prisonment and proposed libera-
tion of, &c 302

Kingsport Pier, Kings Co., N.S., re
amount of money spent on, during
year 1913 231(2e)

Kitsilano Indian Reserve, re purchase
of, by Govt, from Province of
British Columbia, &c 219

Kraut Point Wharf, Lunenburg Co.,

N.S., re construction of, &c. . .. 231(2ri)

11

L

Lachine Canal, re cancellation of
leases of water lots by Govt., dates
of, names of lessees, &c 80a

Lachine Canal, re cancellation of
leases of water lots by Govt., length
of time said leases were in force,
&c 80c

Labour, Report of Department of . . . . 36

Land, Purchases of, made by Dom-
inion of Canada since Confedera-
tion, &c 90

Land, Purchases of, made by Domin-
ion of Canada since supplementary
return 90o

Loans, Dominion, showing rates of in-
terest paid on all, from 1890 to 1914. 225

Long Sault Development Co., re appli-
cation of, to dam St. Lawrence
River, &c 79

Long Sault Development Co., Corre-
spondence re application made by,
&c 79a

Lobster Fishery Regulations, New, by
O. in C. of Mar. 25, 1914, in lieu of
those of Sept. 30, 1910 234

Long Beach, St. Marys, Digby Co.,
N.S., Correspondence, &c., re pur-
chase of property for Lobster Pond,
at 95

Levis Co., Fees and disbursements paid
to witnesses in. summoned by Com-
missioners in, &c 93

L6vis, Quarantine Station at, con-
tracts, &c., re purchase by Govt.,
July 29, 1913 265

Leroux, Paciflque, re application for
damages sustained by removal of
bridges on Soulanges Canal 120

Lingan Beach, South Cape Breton,
N.S., re w^ork done on, under H. D.
McLean 166

Liquor, Relating to, brought from out-
side of Canada into Territories by
special permission, &c. . 105

Library of Parliament, Report of Joint

Committee on 33

Lighthouse at Red Cape, Margaree

Harbour, N.S., Correspondence re... 1?,2g

Lingan Bar, N.S., Names of all em-
ployees on, wages, &c 232fc

Life-saving station at Cheticamp,

N.S., documents, pay-rolls re, &c . . 2Z2m

Lighthouse at Grand Anse, Gloucester

Co., N.B., re tenders received for . . 232a:

Live Stock, re purchase of, by Howard
Corning, of Yarmouth, N.S., in the
Maritime Provinces, &c 295

M

Magdalen Islands, Documents re latest
changes in Lobster Fishing Regula-
tions at, &c 205

Manitoba Water-powers 25c

Marine and Fisheries : —

Report of Dept of, year 1912-1913

(Marine) 21

Report of Dept of, year 1912-1913

(Fisheries) 22

Supplement to Forty-fifth Report of
Dept. of (Steamboat Inspection)... 23

Margaree Harbour, N.S., re repairs to

pier at, &c 2313?

4-5 George V.

Alphabetical Index to Sessiuiial Papers.

A. 1914

M

Margaree, N.S., Correspondence re sup-
l)lyiMg of coal to Lobster Hatchery
at, years 1910-11, 1911-12, 1912-13,
1913-14 206

Margaree, N.S., Correspondence re
Sheer Dams on Margaree River,
1911-12, 1912-13 232(2v)

Meridian, Demarcation of, 141st degree
of West Longitude, Joint Report
Commissioners, &c 106

Metapedia Road Cos. of Rimousl<i and
Boiiaventure, Documents i'e repair-
ing of 2320

Medical Inspection of Immigrants at
port of entry in Canada

Masiruisin, Province of Alberta, docu-
ments, re location of P.O. in,

Miscellaneous Unforeseen Expenses,
from April 1, 1913, to January 14,
191 1, &e

Militia : —

Copies of General Orders promul-
gated to, period from Nov. 18,

1912, to Nov. 25, 1913

Names, addresses, rank or occupa-
tion of persons accompanying Min-
ister of, to Old Country and

Europe in 1913

Re transfer of lands by, to Harbour

Commissioners of Montreal, &c . .

Total amount paid for pensions by

Dept. of, for year ending March

31, 1913, &c

Correspondence between Dept. of,
and Messrs. Macdonald and Mont-
I)etit re organization of 33rd Hus-
sars

Correspondence re land in Farnham,

Que., for Military Camp ground. .

Militia, Sydney, N.S., Documents re

transportation of, over I.C.Ry. in

year 1912

Militia Council, Report of

Moosejaw, City of, re purchase of lots
1 and 2, Block 125, Plan 96, in, for

warehouse, by Government 232(2")

Montagnais Band of Indians, re ad-
vances made to, through Agency of

Seven Islands, Que 287

Mira, Co. of Cape Breton, re petitions,

&c., for subsidies for wharfs, &c., at. 96
Aloravian Indians of the Thames, and
Regulations of the Abenakis Indians
of St. Francis, approved of by Govt.,
&c., on March 27, 1913, and April 21.

1913 63

" Montfort," Stmr., Report re ground-

in.g of April 28, 1914 278

Municipalities of Pictou, Guysborough
and St. Mary's, Claim for refund of

monies, &c }15

Mails, re contract for carrying between
Slierbrooke, (Juysborough Co., N.S.,
and Moser's River, Halifax Co., N.S. 70
Mail Contract Vietween Scotsburn Sta-
tion and West Branch, River John,

Pictou Co., N.S., year 1912 70a

Mail Contract between Scotsburn Sta-
tion and West Branch, River John,
Pictou Co., N.S., since Oct. 1, 1911. 70b
Mail Contract, each one awarded,
names and figures of tenderer, since
Oct. 15, 1911, &c 70C

98

72

54

59

143

239

257

258

259

97
35

M

Mail Carriers, showing contracts can-
celled or renewed by present Govt,
in Co. of Two Mountains 70d

Mail Contracts made between P. O.
Dept. and party or parties, and can-
celled before maturity, from Oct. 15,
1911, to Nov. 15, 1912 70e

.Vlail Contract between Back Shore and
Pictou, Co. of Pictou, N.S., since
death of late contractor, D. G. Mc-
Kay, in 1912 70/

-Vlail Contract between P. O. Dept.
and N. LeBlanc, for carrying of, be-
tween Carleton Centre and Carleton,
&c IQg

Mail Contract, re from Noel to Wal-
ton, Hants Co., N.S., during 1913 . . 70ft

Vlails, Correspondence re carrying of,
between Warkworth and Colborne,
County of Northumberland 70t

Mails, Correspondence re carrying of,
between St. Frangois Xavier de
Brompton and Windsor Mills, Que. 70j

Mail Contracts cancelled in Nova
Scotia since Oct. 10. 1911, names of
contractors, &c 70fc

Mail Contracts cancelled in Co. of Pic-
to'u, N.S., since Oct. 1, 1911, names
of contractors, &c 70t

Vlail Contracts, Documents re, between
Tatamagouche and Brul§ Shore,
Colchester, N.S., during 1913.. .. 70m

.\Iail Contracts and tenders received
for carrying of, between Antigonish
and Livingstone Cove, N.S 70«

Mails, Correspondence on file re ser-
vice of, and tenders received, be-
tween Antigonish and Livingstone
Cove, N.S 70o

Mails, Correspondence, &c., re service
between Bridgetown, Port Lome and
Hampton. Parker's Cove, Annapjlis
Cove,- N.S 70P

Mails, Correspondence, &c., re con-
tracts for carrying of, between An-
tigonisli and Livingstone Cove, N.S.,
&c 709

Mails, names, amounts, to whom given
of all tenders, in 1913, for mail
routes in Co. of Shelburne. N.S., &c. 70r

Mails, Documents re contracts of, be-
tween Bridgetown and Port Lome,
Hampton and Parker's Cove, 1912. . 70a

Alails, Copy of Contract for carrying
of, between North Lochaber and Col-
legeville, for 1913 70t

Mails, re tenders received for carrying
of, between Merigonish and Malig-
nant Cove 70m

Mails, number of Contracts cancelled
in County of Inverness since Sept. 1,

1911, to Mar. 19, 1914.. .. .. .. 70V

Mails, Documents re renewal of con-
tract with Geo. A. Stewart for carry-
ing, between N. Lochaber and West
Lochaber 70w

Mails. Documents re increased mail
subsidy agreed upon by Postmaster
General and various Ry. Companies. 70a;

Mails, Names of 82 tenderers for carry-
ing of, between Bale St. Paul and
Murray Bay, Co. of Charlevoix . . 703/

Mail Contract between Pictou Post
OtTice and Ry. Station, between Dept.
and P*. .er Foley 70«

12

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

M

Mail Contract awarded to Christophe '"
Leveque of St. Eleuthere, for car-
riaere of, between St. Eleuthere and
Sully 70(2a)

Mail lock patent, No. 151043, corre-
spondence, application, &c., for . . . . 74b

Rural Mail service in Parish of Ste.
Marguerite de Blairfindie, Co. of St.
Johns and Iberville 141c

Rural Mail service in Co. of Quebec,

what Parishes of said County, &c. . 141d

Rural Mail route from New Glasgow,
through Mount William, Granton
and Ambercrombie, N.S 14ie

Rural Mail service in Parish of St.

Thgodore d' Acton, Que 141/

Mail carriage between Canadian and
European Ports, Agreement between
Govt, and Stmr. Co.'s re 282

Mail carriage from Port Hood to S.

West Port Hood, &c 70(2c)

Mail Contracts cancelled in Counties
of Westmorland, Albert, King's, and
Kent, N.B., since Oct. 9, 1911.. .. 70(2ri)

Rural Mail Routes in Pictou Co., N.S.,
re establishment of, also number of
P.O. closed 141<7

Melville, Sask., re applications to Govt.

for Post Office Building at 292

Montreal, re buildings, offices, &c., oc-
cupied by Govt., rented or otherwise. 291

Mc

■McDougall, H. P., of Grand Narrows,

N.S., Claim of, against the I.C.Ry.

McGillis, Jos., re suspension of, from

Dept. of Customs, Ottawa.

85a
220

N

Newspapers in Canada. List of re ad-
vertisements in, by Govt., or Minis-
ter, Officer, or Dept., between Oct.
10, 1911. and April 28, 1913 81

Newspapers in Canada, List of re ad-
vertisements in, by Govt., Oct. 10,
1906, ot Oct. 10, 1907, up to Oct. 10,
1911 810

Newspapers in Canada, List of re ad-
vertisements in, by Govt., between
Oct. 10, 1906, and Oct. 10, 1907, and
years up to 1911 81b

Newspapers in Canada, List of re ad-
vertisements in, by Govt., between
Oct. 10, 1911, and April 28. 1913,
amount paid 81c

Newp.nanrrs in Canada, List of re ad-
vertisements in, by Govt., between
Oct. 10, 1906, and 1907, and years
up to 1911 81d

Newspapers in Nova Scotia, Moneys
paid to, during years 1912, 1913,
and nature of service 81/

Newspapers in Canada, List of ad-
vertisements in, by Govt., between
Oct. 10, 1911, and April 28, 1913.. 81fi'

New London Branch of P.E.I. Rail-
way, re copy of contracts, tenders,
in connection with proposed 179

N

New Carlisle, Bonaventure Co., re non-
erection of public buildings in, &c. 2Z2J

Navy, Royal Canadian, Pensions or
Gratuities to Officers of, &c.. Copy of
Order in Council re 4g

Navy, Royal Canadian, Documents,
&c., re death and burial at Montreal
of Jos. LeBlanc, sailor on D.G.S.
Canada 144

Naval Affairs, Correspondence respect-
ing requests that vessels belonging
to Navy be present at regattas or
celebrations in 1912-1913 227

Naval Service, Report of Dept. of, for
year 1913 38

Niobe, Cruiser, Number of men on
duty on, &c 41

Natural Resources, certain portions of
King's Dominions, Interim Report of
Royal Commission on 135

National Drop Forge Co., Ltd., show-
ing names of promoters, powers held
by, given by letters patent 193

National, Battlefields Commission, Re-
ceipts and Expenditures of, to March
31, 1914 268

Northeast i 22-11-5-W. 3 M., Copy of

all papers in connection with.. .. 110ft

Northeast J 22-11-5-W. 3 M., Supple-
mentary papers in connection with. 110;

Northwest i Section 20-4, Range 16,

^/Vest of 2nd Meridian 1101

North I 1-3-16-W-2-M., Copy of all

papers in possession of Dept. re. . llOw

North Cape Breton and Victoria,
South Cape Breton, Antigonish and
Inverness, Names of witnesses in
connection with investigations held
by H. P. Duchemin in Counties of &c. 936

North Cape Breton and Victoria,
South Cape Breton, Antigonish and
Inverness, Names of witnesses in
connection with investigations held
by H. P. Duchemin in Counties of,
&c.. Supplementary re 93e

North Cape Breton and Victoria,
South Cape Breton, Antigonish and
Inverness, Names of witnesses in
connection with investigations held
by H. P. Duchemin in Counties of,
&c.. Supplementary re 93ft

North Cape Breton and Victoria, Ry.
extension into. Breakwaters, Wharfs,
opening of Harbours in, &c 271

Northumberland, Dredge, Number of
men employed on, at Pictou, in Jan.,

Feb. and March, 1913, &c 233

Nova Scotia, New Brunswick and P. E.
Island, Memoranda re claims to rep-
resentation, &c 1180

Ontario Equipment Co., re Order of
the House for production of sam-
ple of patent loclc and key sold by,
to P. O. Dept 74

Orders in Council, Copies of all, re-
quired by House under Resolution
passed on February 20, 1882, since
date of last Return under Resolu-
tion 107a

13

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

I

O

Orders in Council, Return re those
published in Canada Gazette between
Oct. 1. 1912, and Nov. 30, 1913, in
accordance with Dominion Lands
Survey Act. Sec. 5, Chap. 21, 7-8
Edward VII 110a

Orders in Council, Return re those
published in Canada Gazette between
Oct., 1912, and Nov. 30, 1913, in
accordance with Sec. 77 of Dominion
Act, Chap. 20, Statutes of Canada,
1908 110b

Orders in Council under a Resolution
passed on Feb. 20, 1882 since the
date of last Return and Resolution. llOd

Order in Council, Copy of. No. P.C.
976 re Regulations governing the en-
try of Naval Cadets.. 266

Order in Council, dated May 18, 1914,
re the organization of a Naval Vol-
unteer Force 266ci

Ottawa Improvement Commission, Re-
ceipts and Expenditures of, to March
31, 1913 53

Ottawa City, Commission appointed
for beautifying of, and vicinity, cor-
respondence, &c., re 91d

Ottawa City, Correspondence between
and Govt, re pure water supply for
city and Govt, buildings 175

Ouellette, Arsene, re death of, at Trois

Pistoles, I.C.Ry., &c 88

Public Accounts of Canada for year
ended March 31, 1913 2

Public Works, Report of Minister of,

year ended March 31, 1913 (2 Vols.) 19

Public Health Service, Several

Branches of: P. S. engaged in.. .. 99

Public Printing and Stationery, Total
number of emi)loyees in, on Feb. 1,
1914, increased wages, 1913 104d

Public Land of Dominion, Number of
acres of, given to Ry. Cos. by Govt.,
from 1878 to March, 1914. &c.. .. 275

Patrol Boat Davis and Lobster Hatch-
ery, Charges incurred by, season of
19"l2 40

Parcel Boxes re Rural Boxes, Con-
tracts for, &c 224

Parcel Post Service, Regulations relat-
ing to 108

Petroleum and Natural Gas rights.
Disposal of, in Manitoba, Saskatche-
wan, Alberta, N. W. Territories,
Yukon, &c 148

Penitentiaries, Report of Royal Com-
mission on. Evidence taken, &c. . . . 252

Public Printing and Stationery, Report

of 1913 32

Private Secretaries of Members of
Liberal Govt., names, salaries,
grades, on Oct. 11, 1911 139

Prince Edward Island, Memo, of spe-
cial claim of, re representation in
House of Commons 118

Prince Edward Island, Nova Scotia
and New Brunswick, Memo, re
claims of 118o

Provident Fund Board of the I.C.Ry.
and P.E.I.Ry's employees, Return re
proceedings of, from Jan. 1, 1912, to
Feb. 2, 1914 1250

Pure Bred Animals, re names and ad-
dresses of persons with whom pure
bred animals have been placed . . . . 294

Pure Bred Stallions or Bulls, Number
of, purchased by Govt, for settlers in
Man., Sask., and Alta., since Jan. 1,
1912 296

Post Oflices : —

Masinasin P.O., Province of Alberta,

re change in location, &c 72

Moulin B;isinet P.O., St. Jean de
Matha, Co. of Joliette, re closing
of 73

Post Office Dept., regarding return
for production of one sample of

patented lock and key, &c 74

Post Office Dept., Correspondence be-
tween, and Alleyn Taschereau,
avocat, re locks for mail bags . . 74a
Post Office Dept., Correspondence be-
tween, and Messrs. A. de Macdon-
ald, Elzear Montpetit and others. 75

Documents re changes in Postmas-
tership of Port Daniel Centre,
Avignon, New Richmond, Black
Cape, Que., &c 75o

Documents re removal of the Post
Office from store of Alex. Robert-
son, Red Point, P.E.I, &c.. .. 756

Documents re complaints against
John A. Campbell, Postmaster,
New Richmond, Que., &c 75c

Correspondence between P.O. Dept.,
P.O. Inspector, St. John, N.B.,
and Postmaster at Kouchibougac,
N.B., re sale of stamps, &c. . . . 76

Re new Post Offices made in Co. of
L'Islet, names of Postmasters, re-
venues and expenses, &c 142

Appt. of Caretakers of P.O. at

Rigaud, Que., &c 77tn

Number of persons appointed to In-
side Service of, by present Govt.,
names, salaries, &c 104/

Documents re opening of Post OfBce,
named Giasson. Parish of St. Au-
bert, Co. of L'Islet 142a

Building in Saskatoon, re purchase

of a site for 232ft

Building in Halifax, Purchase of

site for, on Gottingen Street.. .. 232m

Post Office at Canning, N.S., re pur-
chase of site for 232w

Post Office in Village of Eganville,
Correspondence re location and
erection of - 2322

Post Office in Village of Eganville,
Supplementary 232(2/)

Post Office in Village of Eganville,

re further supplementary, &c. .. 232(29)
Postmaster General, Report of, for

year ended March 31, 1913 24

Pointe Cascades, re tearing down of

houses and dependencies erected on

Govt, grounds at, the property of

L. A. Sauve 176

Population of Canada, Provinces and

Territories, years 1871, 1881, 1891,

1901 and 1911, &c 133

14

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

P

I'otatoes, Quantities and values of, im-
ported monthly during years 1911,
1912, 1913 ; countries from which

Imported 217

Potatoes, Quantities and values ex-
ported monthly from Provinces, from
Sept. 1, 1911, to Jan. 1, 1914, &c. 217a
Pictou Bank, Documents re incorpora-
tion and licensing of, also re wind-
ing up of business of, &c 243b

Plaunte, Arthur, Copy of O.C. appoint-
ing Commissioner re claims Atlantic

Lake Superior Ry., &c 279

Plaunte, Arthur, Supplementary Re-
turn relating to, appointment of, &c. 279a
Privy Council, Judicial Committee of,
Documents generally respecting pro-
posed changes of 245

Public Works : —

Return re amount of expenditure in
Counties of Rimouski and Gaspe

since Oct. 11, 1911, &c 232

Return re amount of expenditure in
Antigonish Co. since Oct. 11, 1911,

&c 232a

Return re documents concerning

proposed building and purchase

of site for, at Bear River, N.S.. 232&

Return re expenditure on Mabou

Harbour, in years 1911-12, 1912-

13 232c

Return re specifications, tenders,
&c., connected with proposed dry-
dock at Lauzon, Que 232rt

Public Building at Gravelburg, all
documents in connection with,

since Jan. 1, 1912 232(2c)

Public Building at Brantford, re all
specifications and tenders pertain-
ing to 232(2d)

Public Works in Richmond Co., N.S.,
all documents received from J. A.

Gillies re 232(2e)

Post Office at Eganville, Renfrew

Co., re location and erection of. . 232/
Public Works in Co. of Bonaventure
since Oct. 10, 1911, to Feb. 2,
1914 2320

Quebec Oriental Ry. and Atlantic,
Quebec and Western Ry., Corre-
spondence, re acquisition of, by Govt,
as branch lines of I.C.Ry., &c. . . .

Quebec Harbour Commission, re con-
struction of a line of Ry. to connect
Trans. Ry. with Union Station at
the Palais

Quebec Harbour Commissioners, Board
of, re purchase of stone quarry by,
at St. Nicholas, Que

R

Railway Statistics of Canada, year
ended June 30, 1913

Railway Commissioners, Board of,
Report, year ending March 31, 1913.

Railway Commissioners, Board of,
appeals from ruling, decisions, find-
ings, &c., and action of P.C

117rt

178

263

206

20c

83

ft

Railway Commissioners, Board of.
Copy of all decisions of, made on or
after Oct. 10, 1911, re appeals from,
&c

Railway Belt in B.C., Sale by Govt, of
following lands in : Townships 23-24,
R. 18 ; T. 23-24, R. 19 ; T. 24-25, R.
20, &c

Rainy River Navigation Co., Claim of,
against Govt, re operation of boats,
season of 1911, &c

Uadio-Telegraphy, Copy of Regula-
tions governing, under Radio-Tele-
graph Act, 1913

Uadio-Telegraphy, Copy of Order in
Council, No. P.C. 1386, re Regula-
tions governing, &c

Restigouche River re projected Rail-
way or Highway bridge over, at
Campbellton, N.B., and Quebec. . . .

Uideau Canal, re permits to Clubs to
erect boat houses on, between Lau-
rier Ave., Bridge and Hartwell's
Locks

Rifle Range, near Souris, P.E.I. , all
documents connected With purchase
of

I loyal Society of Canada, Statement
of affairs of, for year ended April
30, 1913

Uoyal Mail Steam Packet Co., Agree-
ment between Govt, of Canada and,
re British W. I. service

lioyal Northwest Mounted Police, Re-
port of

Uoyal Northwest Mounted Police, Re-
port of Magisterial cases entered
by

Uoss, Jean, or Joseph, of Amqui,
Rimouski Co., re claim of, against
I.C.R., for accident to horse, &c. . .

Uowell, Newton W., re sums of money
paid to, for legal services during
past fifteen years

Uowell, Newton W., re payments made
by Govt, to, for legal services, &c. .

Uoy, Hon. Judge, travelling expenses
of, during years 1912, 1913 and 1914.

Roy, Mrs. Marcelline, Complaints
against, investigation into conduct
of, &c

Railways and Canals, Report of Dept.
of, for year ending March 31, 1913.

Pairal Mails, &c. : —

Routes established in Co. of Bona-
venture from Oct. 1911, to Feb. 2,
1914, &c

Tabulated Statement of Rural Mail
Routes opened since 1911, number
of boxes used, delivery, contracts,
&c

Number of Rural Mail Routes estab-
lished in N.S., names, &c

124

llOfc

68
300a
300
103

80&
255
55

113

28

28a
131

228a

288

236

71
20

141

14la
141&

S

to

Shareholders in Chartered Banks
December 31, 1913

Seizures made by John C. Bourinot, as
acting Preventive Officer and Collec-
tor of Customs for Port Hawkesbury,
N.S., from 1SS4 to 1880. and from
1886 to 1898, also from 1898 to
1912

49a

15

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

S

Section 36, East I of, in Township 6,
Range 8, West of Fourth Meridian,

Correspondence, &c., re 61

Section 8-49-23-4. and S.W. J of 7-49-
28-4, Documents, &c., in Dept. of

Interior re 61o

Shelburne, N.S., Reports, &c., re mail
serivce from, to Jordan Bay and
Jordan Ferry since Oct. 1, 1911 . . 208
Shareholders Montreal City and Dis-
trict Savings Bank and La Caisse
d'Economie de Notre-Dame de Que-
bec, Statement of, as on December

31, 1913 58

Scoles, G. R., re contract entered into
by, for completion of Atlantic and

Lake Superior Ry 87

S.E. 4 Section 16, Township 25, Range
5, West PMfth Meridian, Papers con-
nected with, &c 110/

S.W. i 23-16-12, W. 3 M., Papers con-
nected with, &c 110£r

Secretary of State, Report of 29

Skinner's Pond, Proposed Harbour at,

Surveys made for 100

Skinner's Cove, N.S., Documents re
payments made for, purchase of land

at, year 1913 230

Steamboat Inspection, Report of Dept.

of Marine on, for fiscal year 1912-13 23
Steamship Service between Canada
and West Indies, all documents re
between May 1, 1913, to Dec, 1913. 286
Strikes in British Columbia coal mines,
Correspondence re, also copy of all

Orders in Council, &c 147a

Stream Measurements, Report of . . . . 25c
Sackville, N.B., re proposal to have
spur line to connect public wharf at,

with I.C.Ry., &c 117&

Salisbury and Albert Railway, Annual

Report made by, to the Ry. Dept.. 137
Salmon Hatchery, Nepisiguit River,
N.B., Copy of tenders for construc-
tion received, and contracts let. ... 145
Salmon Fishing in St. John River
above tide water, Orders in Council,

Documents re, &c 163

Saturnia Stmr., Report of Commis-
sioner on grounding of, April 28,

1914. . . . 277

Senate, Opinion of Deputy Minister of
Justice on increased representation
in, of the Western Provinces . . . . 212
Senate, Copy of Resolution of Assem-
bly of B.C., re increased number of

Senators from said Province 212a

Senate, Increased representation in,
Copy of Assistant Deputy Minister

on subject of 21 2 ft

Senates or Upper Chambers in Brit-
ish Empire, or foreign countries, In-
formation respecting constitution of. 246
Senates or Upper Chambers in Brit-
ish Empire, or foreign countries.

Supplementary Return re 246a

Smelt Fishing licenses issued in Co. of
Pictou, N.S., during past season, all

correspondence, re 204

Smelt Fishing licenses issued in Co. of
Pictou, N.S., during past season, all

correspondence re 204a

Southampton Ry. Co., N.B., all docu-
ments, &c., relating to, Reports of
Engineers, &c 285

S

South Lake, Lakeville, Antigonish Co.,

re expenditures in 1913, at 232(2t)

Steamship Service between St. John,
N.B., and Bear River, N.S., during
1912, 1913, Memo, re, &c 159

Smith, B. F., re cutting lumber on To-
bique Indian Reserve, N.B., also
amts. paid since Jan. 1, 1912. . . . 198

Strikes and Lockouts from 1901 to

1912 36b

' Stevens Dam,' across River Trent,
Documents connected with power
privileges relating to •. . . 262

Stellarton, Town of, re purchase of

site for public building in, &c. . . . 232s

Steamer Ccniada, Memo, of subsidy
paid to, and copy of reports made
by proprietors of, season of 1913.. 160

St. Peter's Indian Reserve, Instruc-
tions issued to C. P. Fullerton and
Fawcett Taylor in reference to. . . . 198b

St. Lin des Laurentides, re public
building authorized in Estimates of
1911-12 232<

St. Jean, Bank of, Banque Ville Marie,
Banque Jacques Cartier, &c., re in-
corporation and licensing of 248

St. Phillipe East and St. Phillipe West,
re expenses of, since June 1, 1912,
to Feb. 2, 1914 276

Trade and Commerce, Report of, year
ended March 31, 1913 :

(Part I — Canadian Trade) 10

(Part II — Canadian Trade witli (1)
France, (2) Germany, (3) United
Kingdom, and (4) United States) 10a
(Part III — Canadian Trade with for-
eign countries, except France,
Germany, the United Kingdom,

and United States) 10b

(Part IV — Miscellaneous informa-
tion) IOC

(Part V — Report of Grain Commis-
sioners for Canada) lOd

(Part VI — .Subsidized Steamship
Services, Statistics, Traffic, &c.,
to Dec. 31, 1913, and Estimates

for fiscal year 1914-1915 lOe

Part VII — Trade of Foreign Coun-
tries, Treaties and Conventions) . . 10/
Treasury Bills discounted sines March

31, 19'l3 57

Trade Unions, Return respecting, &c. . 89
Telegraph or Telephone line from Bad-
deck, N.S., to Margaree, N.S., re

construction of, by Govt 232*

Telegraph Statistics of Canada, year

ended June 30, 1913 20/

Telephone Statistics of Canada, year

ended June 30, 1913 20<i

Temporary Loans, Statement of, since

March 31, 1913 .• ' " ' ^^

Temporary Loans, re total liability of,
between May 1, 1913, and Dec. 31,
1913, rates of interest paid, &c. . . . 122
Temporary Clerks, re number employed
in Library in Sessions of 1911-12,
and 1912-13, names, salary, &c.. .. 162
Three Rivers. Return re investigations
held in District of, since Oct. 15,
1911, to April, 1913 92

16

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

T

Transcontinental Railway : —

lieturn re changes made in original
scheme for terminals at city of

Quebec, &c 114

Return re correspondence between N.
T.Ry. Commissioner and Minister
of Rys., and between N.T.Ry.
Commissioner and C.P.R. re term-
inals, &c 1140

Report of Royal Commission ap-
pointed to investigate construction

of, eiydence and exhibits, &c 123

Copy of assignment by M. P. and
- J. T. Davis in Sept., 1909, of con-
tracts Nos. 16 and 17 on, to
O'Brien, Fowler & McDougall . . 123"
Copy of contract with Jos. Gosselin,
Locomotive and Car Shops at St.
Malo, correspondence between De-
partment and W. J. Press, M.E.,
or Chief Engineer re charge of

price for excaavtion, &c 123b

Copy of original contract and
amended one of Mr. Jos. Gosselin
re car shops at St. Malo, Que. . 123c
Copy of correspondence re appoint-
ment of Messrs. Lynch-Staunton
and Gutelius as Commissioner re. I23c'
Copy of Report of Geo. S. Hodgins,
of New York, re Transcona Shops
of N.T. Railway, of June 10, 1912. 123e
Copy of documents submitted to Sir
Wm. White by Govt re Commis-
sion investigating Transcontinen-
tal Ry 138

Copy of agreements between, and
the Canadian Northern Ry. for use
of line by trains of Trans. Ry. to

St. Malo 177

Copy of all documents re the in-
tended construction of, from
Pointe .St. Claire, east of Quebec

Bridge, &c 123/

Return re choice of site for station
at Village of St. Eleuthere, on

N.T.Ry., &c 123£'

Return re Coaling Plants on N.T.Ry.,
number of, where constructed,

names of tenderers. &c 123ft

Report of Commissioners of, for

1913 37

Interim Report of, for 1913 37a

Taschereau. AUeyn, Que., Correspond-
ence between, and P. O. Dept. re
purchase of locks for mail bags. . . . 74a
Toronto Harbour Works, re letting

construction of, &c 232(2n

Towns in Prov. of Ontario having a
population larger than town of Ches-
ley, S. Bruce, number of, having

letter boxes. &c 192

Trent Valley Canal, Correspondence re
investigation by Mr. Ferguson con-
cerning affairs of 190

Trent Watershed Survey, Report of
Commission of Conservation of Can-
ada on 210

Trawling. Steam, correspondence since
Oct., 1911, between Govt, of Canada
and Govt, of United -States 226

U

Unclaimed Balances, dividends un-
paid, &c 7

63433—2

U

United Shoe Machinery Coy, Report
of Board appt. to investigate mat-
ters of 154

United States, Citizens of, employed by

Government since October 11, 1911. 94

Veterinary Director General, Report

of, year ended March 31, 1913.. .. 156

Veterinary Inspectors emp'-oyed by
Govt, in slaughter houses, amt. of
expenses of that branch of Dept... 222

Wharfs : —

Expenditure of Govt, for Wharf at

Whycocomagh 231

Re expenditure on Wharf at Feltzen

South, Lunenburg, N.S., &c., . . .. 2310

Re expenditure on Wharf at South
Gut, Victoria Co., by Govt, dur-
ing summer of 1913 231&

Re expenditure on Wharfs, Break-
waters, &c., in Co. of Yarmouth,
N.S., since Oct., 1911 23lc

Re expenditure on Englishtown

Wharf, Co. of Victoria, 1913.. .. 231d

Re expenditure on extension of
Wharf at Finlay Point,, Mabou,
Inverness Co., year 1910-11.. .. 23le

Re expenditure on Wharf at Port

Clyde, Shelburne, N.S 231/

Re expenditure on construction of
wharf at Finlay Point, Inverness
Co., N.S 231i7

Re expenditure on construction of
Wharf in Town of L'Assomption,
Que 231ft

Re expenditure on construction of

Wharf at Bear River, N.S., &c. 231i

Re expenditure for Public Wharf at

Centreville, Shelburne Co., N.S... 231/

Re expenditure for Public Wharf at

Sainte Croix, Lotbiniere Co., Que. 23lfc

Relating to proposed Wharf at
Little Cape and Great Shemogue
Harbour, N.B 231?

Relating to construction of Wharf in
Town of L'Assomption, Petitions
for and against, &c 231m

Relating to expenditure on Wharf at

Arichat, N.S., since Oct. 11, 1911. 23ln

Relating to expenditure on Govt.
Wharf at Croft's Cove, N.S., in
1911 2310

Relating to claim re Wharf at Bona-

venture River, Bonaventure Co... 231P

Relating to completion of "Wharf at
Ste. Croix, since Sept. 21, 1911, to
March, 1914 2313

Relating to purchase of site for

Wharf at Bear River, N.S. . .. 23ir

Relating to expenditure on Hall's

Harbour Wharf, N.S., 1913.. .. 231s

Relating to expenditure, &c., on
Wharf at L'Ue Verte, Co. of Te-
miscouata 231t

Relating to copy of pay-list of em-
ployees on Wharf to west of
Riviere Verte, Temiscouata. . .. 23iw

Relating to completion of Wharf at

Sainte Croix, Co. of Lotbiniere., 23lw

17

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

w

Relating to construction of Wharf

at Cole Harbour, N.S 231t«

Relating to repairs on Pier at Mar-

garee Harbour, N.S 23ix

Relating to construction of Feltzen

South Wharf, N.S 2313/

Relating to building and repairing

Wharf at Port Hood, N.S 231^

Relating to expenditure of $500 on

Finlay Point Wharf, N.S., during

1913 231(2o)

Relating to expenditure on Wharf at

Arichat, N.S., for use of stmr.

Magdalen 231(26)

Wheat, Quantities of, by grades re-
ceived at elevators at Fort William. 102
Wheat, Quantities of, by grades re-
ceived at elevators at Fort William
and Port Arthur, 1910-11, 1911-12. . 240
Wheat, Freight charges on, from Fort
William or Port Arthur to Canadian
Lake Ports, by C. P. stmrs. and

other lines, year 1912 254

Winnipeg River, re leases of water-
powers grranted on, dates, to whom.
&c 80

W

Wire Rods, Temporary suspension of,
Dumping Clause of Act respecting,
correspondence, &c 116

Woollen Industries, Number of, op-
erated in the country, &c 140

Wright Co., Que., Memo, re sums of
money spent in, by Govt, since Sept.,
1911, &c 161

Wreck Commissioner, Dominion. Report
I'e stmr. Satumia grounding of,
April 27, 1913 277

Wreck Commissioner, Dominion, Report
re stmr. Montfort, grounding of,
April 28, 1914 278

Y

Yarmouth, Bank of. Documents '"e in-
corporating and licensing of, also re
winding up 243a

Yarmouth Harbour, N.S., re removal
of ice in, by C.G.S. Stanley, in Feb.,
1914 251

Y'armouth, North, re Postmaster of,
selling stamps out of jurisdiction.. 273

Young, Captain Murdock, investigation

hekl against, by Mr. Wilson, B.C. . lOlo

18

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

See also Alphabetical List. Page 1.

LIST OF SESSIONAL PAPERS

Arrangea in Numerical Order, xvii% their titles ai full length; the dates when Ordered
and luhen PrCiSentcd to the Houses of Parliament; the Names of the Senator or
Member who moved for each Sessional Paper, and whether it is ordered to he
Printed or Not Printed.

CONTENTS OF VOLUME 1.

(This volume is bound in three parts.)

1. Report of the Auditor General for the year ended March 31, 1913. Volumel, Parts A to J,
and Volume TI, Parts K to U. Presented by Hon. Mr. Foster. January 28, 1914.

Printed for distrihution and sessional papers.

1. Report of the Auditor General for the year ended March 31, 1913, Volume III, Parts V to T.

Presented by Hon. Mr. White, January 19, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 2.

2. The Public Accounts of Canada, for the fiscal year ended March 31, 1913. Presented by

Hon. Mr. White, January 19, 1914 Printed for distrihution and sessio-tml papers.

3. Estimates of sums required for the service of the Dominion for the year ending March 31,

1915. Presented by Hon. Mr. White, January 29, 1914.

Printed for distribxition and sessional papers.

3o. Supplementary Estimates of sums required for the service of the Dominion for the year
ending March 31, 1914. Presented by Hon. Mr. WTiite, March 20, 1914.

Printed for distrihution and sessional papers.

4. Supplementary Estimates of sums required for the service of the Dominion for the year end-

ing March 31, 1915. Presented by Hon. Mr. White, May 28, 1914.

Printed for distribution and sessimial papers.

5. Further Supplementary Estimates of sums required for the service of the Dominion for the

year ending March 31, 1915. Presented by Hon. Mr. White, June 9, 1914.

Printed for distribution and sessUmal papers.

CONTENTS OF VOLUME 3.

6. List of Shareholders in the Chartered Banks of the Dominion of Canada as on December 31,

1913. Presented by Hon. Mr. White, January 19, 1914.

Printed for distrihution and sessional papers.

CONTENTS OF VOLUME 4.

7. Report on dividends remaining unpaid, unclaimed balances and unpaid drafts and bills of

exchange in Chartered Banks of the Dominion of Canada, for five years and upwards
prior to December 31, 1913. Presented by Hon. Mr. White, March 16, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 5.

(This volume is bound in two parts.)

8. Report of Superintendent of Insurance for year ended 1913. Presented by Hon. Mr.

White, June 2, 1914. I

Printed for distribution and sessional papers.

9. Abstract of Statement of Insurance Companies in Canada for the year ended December 31,

1913. Presented by Hon. Mr. WTiite, June 2. 1914.

Printed for distribiUion and sessional papers.

6343.3— 2i 19

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 6.

10. Report of the Department of Trade and Commerce for the fiscal year ended March 31, 1913,

Part I. — Canadian Trade. Presented by Hon. Mr. Foster, April 15, 1914.

Printed for distribution and sessional papers.

10a. Report of the Department of Trade and Commerce, for the year ended March 31, 1913:
Part II.— Canadian Trade with (1) France, (2) Germany, (3) United Kingdom, and (4)
United States. Presented by Hon. Mr. Foster, January 22, 1914.

Printed for disti-ihution and sessional papers.

CONTENTS OF VOLUME 7.

106. Report of the Department of Trade and Commerce for the fiscal year ended March 31,
1913 : Part III. — Canadian Trade with Foreign Countries (except France, Germany,
the United Kingdom and United States). Presented by Hon. Mr. Foster, April 15,1914.

Printed for distribution and sessional papers.

10c. Report of the Department of Trade and Commerce, for the fiscal year ended March 31,

1913 : Part IV. — Miscellaneous Information. Presented by Hon. Mr. Foster, April 27,

1914 Printed for distribution and sessional papers.

lOd. Report of the Board of Grain Commissioners for Canada. Presented by Hon. Mr. Foster,
June 4, 1914 Printed for distribution and. sessional papers.

CONTENTS OF VOLUME 8.

lOe. Report of the Department of Trade and Commerce, for the fiscal year ending March 31.
1913 : Part VI. — Subsidized Steamship Services, with Statistics showing Steamship
Traffic to December 31,1913, and Estimates for fiscal year 1914-1915. Presented by
Hon. Mr. Foster, March 25, 1914 Printed for distribution and sessional papers.

lOf- Report of Trade and Commerce for fiscal year ended March 31, 1913 : Part VII. — Trade of
Foreign Countries, Treaties and Conventions. Presented by Hon. Mr. Foster, 1914.

Printed for distribulion and sessional papers.

CONTENTS OF VOLUME 9.

11. Report of the Department of Customs for the year ended March 31, 1913. Presented by

Hon. Mr. Reid, January 22, 1914 Printed for distribution and sessional papers.

CONTENTS OF VOLUME 10.

12. Reports, Returns and Statistics of the Inland Revenues for the Dominion of Canada, for

the year ended March 31, 1913. Part I. — Excise. Presented by Hon. Mr. Nantel,
January 19, 1914 Printed for distribution and sessional papers.

13. Part II. — Inspection of Weights and Measures, Gas and Electricity. Presented by Hon.

Mr. Nantel, January 19, 1914 Printed for distribution and sessional papers.

14. Reports, Returns and Statistics of the Inland Revenues for the Dominion of Canada for the

year ended March 31, 1913. Part HI. — Adulteration of Food. Presented by Hon. Mr.
Nantel, February 11, 1914 Printed for distribution and sessional papers.

15. Report of the Minister of Agriculture for the Dominion of Canada, for the year ended

March 31, 1913. Presented by Hon. Mr. Burrell, January 22, 1914 .

Printed for distribution a7id sessional papers.

CONTENTS OF VOLUME 11.

15a. Report of the Dairy and Cold Storage Commissioner for the fiscal year ended March 31,
1913. (Dairying, Fruit, Extension of Markets and Cold Storage.) Presented by Hon,
Mr. Burrell, May 5, 1914 Printed for distribution and sessional papers.

15b. Report of the Veterinary Director General for the year ending March 31, 1913. Presented
by Hon. Mr. Burrell, February 2, 1914. . Printed for distribution and sessional papers.

16. Report of the Director and Officers of the Exrserimental Farms for the years ending March

31, 1913. Presented by Hon. Mr. Burrell,~April 7, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 12.

17. Criminal Statistics for the year ended September 30, 1912. (Appendix to the Report of the

Minister of Trade and Commerce, for the year 1912.) Presented by Hon. Mr. Foster,
February 20, 1914 Printed for distribution and sessional papers.

20

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

18. Resume of Genei-al Elections of 1896, 1900, 1904, 1908 and 1911, and of By-Elections held

between July 11, 1896 and January 1, 1914. Presented by Hon. r. Coderre, January
27, 1914 Printed for distribution and sessional papers.

1S«. Return of By-elections for the House of Commons of Canada, held during the year 1913.
Presented by Hon. Mr. Coderre, January 27, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 13.

19. Report of the Minister of Public Works on the works under his control for the

fiscal year ended March 31, 1913. Presented by Hon. Mr. Rogers, January 19, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 14.

20. Report of the Department of Railways and Canals, for the fiscal period from April 1, 1912,

to March 31, 1913. Presented by Hon. Mr. Reid, March 20, 1914.

Printed for distribution and sessional pupeis.

20«. Canal Statistics for the season of Navigation, 1913. Presented by Hon. Mr. Reid, March
12, 1914 Printed for distribution and sessional papers.

20?'- Railway Statistics of the Dominion of Canada for the year ended June 30, 1913. Pre-
sented by Hon. Mr. Cochrane, January 29, 1914.

Printed for distributio7i arid sessional papers.

CONTENTS OF VOLUME 15.

20<"- Eighth Report of the Board of Railway Commissioners for Canada, for the year ending
March 31, 1913. Presented by Hon. Mr. Cochrane, January 22, 1914.

Printed for distribution and sessional papers.

20d. Telephone Statistics of the Dom'n'on of Canada, for the year ended June 30, 1913. Pre-
sented by Hon. Mr. Cochrane. F'ebruary 10, 1914.

Printed for distribntion and sessional papers.

20e. Express Statistics of the Dominion of Canada, for the year ended June 30, 1913. Pre-
sented by Hon. Mr. Cochrane, February 20, 1914.

Printed for distribution and sessional papers.

20/. Telegraph Statistics of the Dominion of Canada, for the year ended June 30, 1913. Pre-
sented by Hon. Mr. Cochrane, February 10, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 16.

21. Forty-sixth Annual Report of the Department of Marine and Fisheries, for the year 1912-

1913. — Marine. Presented by Hon. Mr. Hazen, February 2, 1914.

Printed for distribution and sessional papers.

21&. List of Shipping issued by the Department of Marine and Fisheries, being a list of vessels
on the Registry Books of the Dominion of Canada, on December 31, 1913. Presented
by Hon. Mr. Hazen, May 1, 1914 Printed for distribution and sessional papers.

CONTENTS OF VOLUME 17.

22. Forty-sixth Annual Report of the Department of Marine and Fisheries, 1912-13. — Fisheries.

Presented by Hon. Mr. Hazen, January 19, 1914.

Printed for distribution ajia sessional papers.

23. Supplement to the Forty-sixth Annual Report of the Department of Marine and Fisheries

for the fiscal year 1912-13. — Steamboat Inspection Report. Presented by Hon. Mr.
Hazen, March 27, 1914 Printed for distribution and sessional papers.

CONTENTS OF VOLUME 18.

24. Report of the Postmaster General, for the year ended March 31, 1913. Presented by Hon.

Mr. Pelletier, March 12, 1914 Printed for distribution and sessional papers.

CONTENTS OF VOLUME 19.

(This volume is bound in two parts.)

25. Annual Report of the Department of the Interior, for the fiscal year ending March 31, 1913.

— Volume I. Presented by Hon. Mr. Roche., February 23, 1914.

Printed for distribution and sessional papers.

21

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

25. Annual Report of the Department of the Interior, for the fiscal year ending March 31, 1913.

— Volume II. Presented by Hon. MrVRoche, March 9, 1914.

/'Tinted for distribution and sessional papers.

CONTENTS OF VOLUME 20.

25c7 Report of Progress of Stream Measurements, for the calendar year 1913, prepared under
the direction of F. H. Peters, C.E., Commissioner of Irrigation. Presented by Hon.
Mr. Roche, March 26, 1914 Printed for distribution and sessional papers.

25d. Twelfth Report of the Geographic Board of Canada, for the year ending June 30, 1913.
Presented by Hon. Mr. Roche, February 2, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 21.

25^. Manitoba Water-powers,

25/. Railway Belt Hydrographic Survey for 1911-1912. Presented, 1914.

CONTENTS OF VOLUME 22.

26. Summary Report of the Geological Survey, Department of Mines, for the calendar year

1912. Presented by Hon. Mr. Coderre, 1914.

Printed for distribution and sessional papers.

26o. Summary Report of the Mines Branch for the calendar year 1912. Presented 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 23.

27. Report of the Department of Indian Affairs for the year ended March 31, 1913. Presented

by Hon. Mr. Roche, January 27, 1914 Printed for distribution and sessional papers.

CONTENTS OF VOLUME 24.

28. Report of the Royal Northwest Mounted Police, 1913. Presented by Hon. Mr. Borden,

January 19, 1914 Printed for d^strib^dion and sessional papers.

28a- Statement of Magisterial cases entered, and convictions obtained by the Royal Northwest
Mounted Police in the Provinces of Alberta and Saskatchewan, the Yukon Territory
and a portion of Manitoba, during the years 1909 to 1913. Presented by Hon. Mr.
Borden, February 16, 1914 Not printed.

29. Report of the Secretary of State of Canada for the year ended March 31, 1913. Presented

by Hon. Mr. Coderre, February 9, 1914. . . .Printed for distribution and sessional papers.

29«- Report of the Secretary of State for External Affairs for the year ended March 31, 1913.
Presented by Hon. Mr. Borden, January 19, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 25.

29c- Documents re Constitutional History of Canada. — (Senate).

Printed for distribution and sessional papers.

29c. Public Archives. — Documents relating to the Constitutional History of Canada, 1791-1818,
selected and edited with notes by Arthur G. Doughty and Duncan A. McArthur. Pre-
sented by Hon. Mr. Coderre, March 27, 1914.

Printed for distrib^ition and sessional papers.

CONTENTS OF VOLUME 26.

30. The Civil Service List of Canada, 1913. Presented, 1914.

Printed for distribution and sessional papers.

31. Fifth Annual Report of the Civil Service Commission of Canada for the year ended August

31, 1913. Presented by Hon. Mr. Coderre, March 18, 1914.

Printed for distribution and sessional papers.

32. Annual Report of the Department of Public Printing and Stationery for the fiscal year

ended March 31, 1913. Presented by Hon. Mr. Coderre, March 11, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 27.

33. The Report of the Joint Librarians of Parliament. Presented by the Hon. The Speaker,

January 15, 1914 Not printed.

34. Report of the Minister of Justice as to Penitentiaries of Canada, for the fiscal year ended

March 31, 1913 Printed for distribution and sessioanl papers.

22

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLTTME 21— Continued.

35. Report of the Militia Council for the Dominion of Canada, for the fiscal year ending March

31, 1913. Presented by Hon. Mr. Hughes, March 9, 1914.

Printed for distribution and sessional papers.

36. Report of the Department of Labour for the fiscal year ending March 31, 1913. Presented

by Hon. Mr. Crothers, January 19, 1914. . . .Printed for distribution and sessional papers.

36o- Sixth Report of the Registrar of Boards of Conciliation and Investigation of the proceed-
ings under "The Industrial Disputes Investigation Act, 1907," for the fiscal year ending
March 31, 1913. Presented by Hon. Mr. Crothers, January 19, 1914.

Printed for distribution and sessional papers.

36&- Report on Strikes and Lockouts in Canada, from 1901 to 1912. Presented by Hon. Mr.
Crothers, January 19, 1914 Printed for distribution and sessional papers.

37. Ninth Annual Report of the Commissioners of the Transcontinental Railway, for the year

ended March 31, 1913. Presented by Hon. Mr. Cochrane, January 22, 1914.

Printed for distribution and sessional papers.

37«- Interim Report of the Commissioners of the Transcontinental Railway, for the nine
months ended December 31, 1913. Presented by Hon. Mr. Cochrane, February 18, 1914.

Not printed.

3S. Report of the Department of the Naval Service, for the fiscal year ending March 31. 1913.
Presented by Hon. Mr. Hazen, January 22, 1914.

Printed for distribution and sessional papers.

CONTENTS OF VOLUME 28.

39. A detailed statement of all bonds or securities registered in the Department of the Secretary

of State of Canada, since last return (4th December, 1912) submitted to the Parliament
of Canada under Section 32 of Chapter 19, of the Revised Statutes of Canada, 1906.
Presented by Hon. Mr. Coderre, January 22, 1914 Not printed.

40. Return to an Order of the House of April 7, 1913, for a copy of all accounts, vouchers anel

charges incurred by and relating to the Lobster Hatchery and Patrol Boat Davis dur-
ing the season of 1912, to December 31, 1912, with the names of the officers and crews,
and the wages paid to each. Presented January 19, 1914. — Mr. Kyte Not printed.

41. Return to an Order of the House April 21, 1913, for a Return showing the names and the

respective ranks and positions of the officers now on duty on the Niobe at Halifax,
under the Department of Naval Affairs ; the number of men now on duty as seamen or
other like positions on the Niobe ; the number of men dropped from the service on tha
Niobe since July 1, 1912 ; and if any efforts have been made to recruit men for the
Niobe since July 1, 1912. Presented January 19, 1914. — ilfr. Macdonald. . .Not printed.

42. Return to an Order of the House of May 12, 1913. — 1. For a Return showing the respective

names, duties and salaries of Officials of the Immigration Department of both Inside and
Outside Service on March 31, 1911.
2. The respective names, duties and salaries of Officials of the Immigration Department of
both Insiffe and Outside Service on March 31, 1913. Presented January 19, 1914. — Mr.
Oliver Not printed,

43. Return to an Order of the House of February 24, 1913, for a copy of all regulations relat-

ing to the disposition of Dominion Lands made by the Minister of the Interior from
October 12, 1911, to January 1, 1912, and of the regulations for the placing of half-
breed scrip on homestead or other lands, made by the Minister of the Interior from
October 12, ISll, to January 1, 1912. Presented January 19, 1914. — Mr. Oliver.

Not printed.

44. Return to an Order of the House of January 15, 1913, for a copy of all charges, correspond-

ence, letters, telegrams nd other documents relative to the dismissal of Horace Rind-
ress, Quarantine Medical Officer at North Sydney, in the Riding of North Cape Breton
and Victoria, and of the evidence taken and report of investigation held by H. P. Duche-
min, in regard to same, and a detailed statement of the expenses of such investigation.
Presented January 19, 1914. — Mr. McKenzie Not printed.

44a. Supplementary Return to an Order of the House of December 11, 1912, for a copy of all
papers, documents and correspondence relating to the dismissal of A. T. Doucet, Post-
master and Collector of Customs at Salmon River, Digby County, N.S. Presented
January 19, 1914. — Mr. Maclean {Halifax) Not printed.

44b. Return to an Order of the House of April 21,1913, for a copy of the charges made against
Alexis Bourque, Storm Signal Agent at Bonaventure, on which he was dismissed by the
Minister of Marine and Fisheries, and a copy of all letters and other documents bearing
on the appointment of his successor. Presented January 23, 1914. — Mr. Marcil (Bona-
venture) Not printed.

23

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

440. Return to an Order of the House of January 29, 1913, for a copy of all letters, petitions,
telegrams, complaints, evidence, reports and other papers and clpcuments in the posses-
sion of tlie Department of Marine and Fisheries, or any Department of the Government,
relating to the dismissal of Patrick Conway, Lightkeeper at White Head Island, N.S.,
and if there was an investigation the names of the witnesses, a copy of the evidence,
and a detailed statement of the expenses of such investigation. Presented January 21,
1914. — Mr. Sinclair Not printed.

44d. Return to an Order of the House of May 7, 1913, for a copy of all papers, documents, tele-
grams and correspondence in connection wifh the dismissal of Captain Wm. Smith,
Coxswain, of the lifeboat at Blanche, Shelburne County, N.S. Presented January 21,
1914. — Mr. Laio Not printed.

44e. Return to an Order of the House of March 3, 1913, for a Return showing in detail the
number of dismissals from public offices and positions of employment by the present
Government since the 11th day of October, 1911, to this date, in the County of King's,
Prov'nce of Nova Scotia, in connection with any of the Departments of the public ser-
vice, not including cases in which orders have already passed ; together with the names
of the dismissed officials or employees, the reason for their respective dismissals, the
complaints or charges against them, and by whom made ; together with a copy of all
correspondence, letters, telegrams and other communications with respect to each such
case of dismissal, and of all minutes of evidence of investigations, where any such were
he'd, and of all reports relating to such dismissals now in tlie possession of any of the
Departments of the Government, also the names of all parties appointed to fill the
vacnncies caused by such dismissals, and the names of the persons by whom the same
have been respectively recommended for appointment ; together with a detailed state-
ment of all amounts and expenses paid, or to be paid, by any Department in connection
with the said dismissals and investigations or removals from office. Presented January
21, 1914.- -il/r. McKenzie Not printed.

44/. Return to an Order of the House of the 23rd April, 1913. for a copy of the charges made
by Messrs. J. A. Mousseau, A. Godbout and J. Blondin, against Jos. E. A. Landry,
keeper of the lighthouse at St. Omer, Quebec, on which he was dismissed for alleged
political partisanship. Presented January 21, 1914. — Mr. Marcil (Bonaventure) .

Not printed.

44^. Return to an Order of the House of the 29th January, 1913, for a copy of all charges, cor-
respondence, letters, telegrams and other documents relating to the dismissal of Colin
Mcl.saac, preventive officer at Port Hood, Inverness County, N.S. Presented January
21, 1914. — Mr. Chisholvi (l7iverncss) Not printed.

44A. Return to an Order of the House of the 19th May, 1913, for a copy of all petitions and
correspondence^ relating to the dismissal of Mr. Pesha, postmaster at Kent Bridge,
"Ontario. Presented January 22, 1914. — Sir W. Laurier Not printed.

44». Return to an Order of the House of the 29th January, 1913. for a copy of all letters, peti-
tions, telegrams, complaints, evidence, reports and other papers and documents in the
possession of the Post Office Department or any department of the Government, relating
to the dismissal of John F. Reeves, postmaster at Mulgrave, N.S., and if there was an
investigation, the names of all witnesses examined, a copy of the evidence, and a
detailed statement of the expenses of such investigation. Presented January 22, 1914.—
Mr. Sinclair Not printed.

44;. Return to an Order of the House of the 29th January, 1913, for a copy of all charges, corre-
spondence, letters, telegrams and other documents relating to the dismissal of Havelock
McLeod, postmaster at Big Intervale, North East Margaree, Inverness County, Nova
Scotia. Presented January 22, 1914. — Mr. Chisholm (Inverness) Not printed.

44fc. Return to an Order of the House of the 21st April, 1913, for a copy of all documents, peti-
tions, correspondence, messages, inquiries, reports, &c., relating tci the dismissal of S.
Lapointe, postmaster of St. Eloi, County of Temiscouata, and to the appointment of his
successor. Presented January 22, 1914. — Mr. Gauvreau Not printed.

44J. Return to an Order of the House of the 3rd February, 1913, for a copy of all correspond-
ence, letters, telegrams and other documents relative to the dismissal of William Bow,
postmaster at Winchester Village, County of Dundas, and of all recommendations for
the appointment of his successor. Presented January 22, 1914. — Mr. MacNutt.

Not printed.

44»rt. Return to an Order of the House of the 26th March, 1913, for a copy of all charges, cor-
respondence, letters, telegrams, petitions and other documents relating to the dismissal
of Mrs. Ellen O'Neil, postmistress at O'Neil's post office. Parish of Moncton, County of
Westmorland, New Brunswick, and of all evidence, if any, taken in regard to the same,
and of all reports concerning same ; and also a copy of all recommendations, correspond-
ence, letters, telegrams, petitions and other documents relating to the appointment of a
successor, or of Robert C. Kelly as postmaster of or at the said O'Neil post office, and
of al! reports, if any, as to the proper location of the office. Presented January 22, 1914.
— Mr. Emmerson Not printed.

24

4-5 George "V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44:'i- Return to an Order of the House of the 21st April, 1913, for a copy of the charges made
against Alex. Labillois, postmaster of Miguasha, on which his dismissal took place, and
of all letters and documents regarding the appointment of John Calssy in his place.
Presented January 22, 1914. — Mr. Marcil {Bonaventure) Not printed.

44o- Return to an Order of the House of the 21st April, 1913, for a copy of all letters and
other documents containing evidence or charges against Madame Z. Marcotte, post-
mistress of Nouvelle West, Bonaventure County, on which the Postmaster General acted
In removing her from office, and also of letters and other documents regarding the
appointment of Mr. Lazare Fallu in her stead. Presented January 22, 1914. — Mr.
Marcil ( Bonaventure) Not printed.

44P- Return to an Order of the House of the 2Sth April, 1913, for a copy of all complaints,
accusations, correspondence, petitions, and telegrani.s respecting the dismissal ol Joseph
Verault, postmaster at Guay, County of I>4vis, of the evidence and report made follow-
ing the inquiries held by the inquiring Commissioner Smith and the inquiring Commis-
sioner Jolicceur in this matter ; also the names of the witnesses summoned and heard,
with a copy of the evidence heard at each inquiry, the names of those who represented
the Government at these inquiries, and a detailed statement of the expenses caused by
these inquiries, with a copy of all documents respecting the appointment of his successor,
such as petitions, letters of recommendation, &c. Presented January 22, 1914. — Mr.
Bovrassa Not printed.

44<7. Return to an Order of the House of the 2nd June, 1913, for a copy of all telegrams, papers
and correspondence in the possession of the Post Office Department, or with any of the
ofllcials thereof, regarding the removal from office of the postmaster of Osage,
Saskatchewan, and of the appointment of a successor thereto ; and of all correspondence
bearing upon the said removal or appointment with the post office inspector for that por-
tion of the province of Saskatchewan, and of all other letters and documents with
respect thereto. Presented January 22, 1914. — Mr. Carvell Not printed.

44'"- Retu n to an Order of the House of the 29th January, 1913, for a copy of all letters, peti-
tions, telegrams, complaints, evidence, reports and other papers and documents in the
possession of the Post Office Department, or any department of the Government, relating
to the dismissal of George Taylor, postmaster at Bickerton, N.S., and if there was an
investigation, the names of all witnesses examined, a copy of the evidence and a detailed
statement of the expenses of such investigation. Presented January 22, 1914. — Mr.
Sinclair Not printed.

44s. Return to an Order of the House of the 21st April, 1913, for a copy of all correspondence,
telegrams, complaints, affidavits, reports, recommendations, requests, certificates and
other documents, relating to the dismissal of Mademoiselle Paul Hus, as postmistress of
the Parish Ste. Victoire, County of Richelieu, and the appointment of Mr. Paul Bardier,
of the same place, as postmaster. Presented January 22, 1914. — Mr. Cardin.

Not printed.

44*. Return to an Order of the House of the 3rd March, 1913, for a copy of all charges, corre-
spondence, letters, telegi'ams and other documents relating to the dismissal of Parker
S. Hart, postmaster at .South Manchester, Guysborough County, N.S., and of all evidence
taken and report of investigation held by H. P. Duchemin in regard to the same, and
also a detailed statement of the expenses of such investigation. Presented January 22,
1914. — Mr. Sinclair Not printed.

44'M. Return to an Order Of the House of the. 17th February, 1913, for a copy of all complaints
an! charges made against Charles L. Gass, late postmaster at Bayfield, Antigonish
County, of the evidence taken, if any, before Commissioner Duchemin, and of his report
thereon, and of all letters, telegrams and documents of every kind relating to his dis-
missal and the appointment of his successor. Presented January 22, 1914. — Mr. Chis-
holm {Antigonish) Not printed.

44v. Return to an Order of the House of the 27th January, 1913, for a copy of all documents,
correspondence, letters, reports, &c., relating to the dismissal of Madame Belzil, post-
mistress at St. Octave, County of Rimouski, and the appointment of her successor. Pre-
sented January 22, 1914. — Mr. Lapoi-^te (.Kamouraska) Not printed.

44'U7- Return to an Order of the Hous& of the 9th April, 1913, for a copy of all charges, corre-
spondence, telegrams and other documents relating to the dismissal of John McDonnell,
rostmaster at Essex, Inverness County, Nova Scotia. Presented January 22, 1914. —
Mr. Ch'sholm (Inverness) Not printed.

44^- Return to an Order of the House of the 31st March, 1913, for a copy of all letters, tele-
grams and documents in connection with the dismissal of .James Bain, from tlie post-
mastership of Ninga post office, Ninga, Manitoba. Presented January 22, 1914. — Mr.
Turriff Not printed.

25

4-5 George V. Alphabetical Index to Sessional Papers. A. 191i

CONTENTS OF VOLUME 2S— Continued.

44j/. Return to an Order of the House of the 9th April, 1913, for a copy of all letters, petitions,
telegrams, complaints, reports and other papers and documents in the possession of the
Post Office Department, relating to the dismissal of William McKinnon, postmaster at
Erinvillc, Guyshorough County, N.S.. and the appointment of Daniel Kenny as suc-
cessor ; and if there was an investigation in connection with the dismissal of the said
Will'am McKinnon, the names cf all witnesses examined, a copy of the evidence and
report of the commissioner, and a detailed statement of the expenses of such investiga-
tion. Presented January 22, 1914. — Mr. Sinclair Not printed.

44«. Return to an Order of the House of the 7th May, 1913, for a copy of all correspondence,
evidence and reports in connection with the dismissal of J. N. Cloutier, postmaster at
St. Benoit Labre, County of Beauce, Quebec. Presented January 22, 1914. — Mr. Beland.

Not printed.

44 (2a). Return to an Order of the House of the l2th February, 1913, for a copy of all letters,
telegrams, papers and documents relative to the dismissal of Mrs. "Weave, postmistress
at Coal Creek, Queens County, N.B., and of the appointment of Michael L. Kno::. Pre-
sented January 22, 1914. — Mr. McLean (Sunbury) Not printed.

44 (2b). Return to an Order of the House of the 26th May, 1913, for a copy of all correspond-
ence and documents of any kind whatsoever relating to the dismissal of postmasters
in Bonaventure County, by the present administration, not already ordered and brought
down. Presented January 22, 1914. — Mr. Marcil (Bonaventiire) Not printed.

44 (2c). Return to an Order of the House of the 2Sth April, 1913, for a copy of all petitions,
complaints, and correspondence containing any charges against Alexander Fraser, post-
master at Praser's Grant, Antigonish County, N.S., and of all other documents and
correspondence on the file in relation thereto. Presented January 22, 1914. — Mr. Chis-
holm (Antigonish) Not printed.

44 (2d). Partial return to an Order of the House of the 10th December, 1912, for a return show-
ing all public officers removed by the present Government in the District of Portneuf,
together with the name and duties of each person, the reasons for their dismissal, the
natu e of the complaints brought against them, also a copy of all correspondence relat-
ing thereto and reports of inquiries in cases where such were held. Presented January
22, 1914. — Mr. Delisle Not printed.

44 (2e). Return to an Order of the House of the 15th January, 1913, for a return showing a
list of the postmasters dismissed or removed by the present Government in the County
of Two Mountains, the names of such persons, the reason for their dismissal, the nature
of the complaints brought aginst thern, and a copy of all correspondence and petitions
relating thereto, and reports of inquiry in the cases where such have been held ; also the
names of their successors. Presented January 22, 1914. — Mr. Ethier. . . .Not printed.

44 (2/). Return to an Order of the House of the 15th January, 1913, for a copy of all charges,
correspondence, letters, telegrams and other documents relative to the dismissal of
Thomas Chalmer McLean, postmaster at Ivera, Middle River, Riding of North Cap©
Breton and Victoria, N.S., and of the evidence taken and reports of investigation held by
H. P. Duchemin in regard to the same, and a detailed statement of the expenses of such
investigation. Presented January 22, 1914. — Mr. McKenzie Not printed.

44 Vi'9). Return to an Order of the House of the 29th January, 1913, for a copy of all letters,
te'egrams, reports and other documents relative to the dismissal of C. P. Blanchard,
postmaster at Truro, Nova Scotia, and the appointment of his successor. Presented
January 22, 1914. — Mr. Macdonald Not printed.

44 (2/i). Return to an Order of the House of the 29th January, 1913, for a copy of all papers,
documents, evidence, reports, letters, correspondence, &c., relating to the dismissal of
Samuel Atwood, Atwood's Brook, Shelburne County, N.S. Presented January 22,
1914. — Mr. Law Not printed.

44 (2»). Return to an Order of the House of the 3rd February, 1913, for a return showing the
names of the postmasters in the County of Berthier dismissed since the 21st September,
1911; their respective parishes, the date of their dismissals and the reason alleged; if
an inquiry was held in each case ; on whose recominendation were these dismissals
made ; the names of those appointed as their successors and on whose recommendation
were they appointed. Presented January 22, 1914. — Mr. Beland Not printed.

44 (2j). Return to an Order of the House of the 3rd March, 1913, for a copy of all complaints,
accusations, correspondence, petitions and telegrams, respecting the dismissal of Wilfrid
Pellemarre. postmaster at Hervey Junction, County of Portneuf, and of all documents
respecting the appointment of his successor, such as petitions, letters of recommenda-
tion. &c., and also of the evidence and reports made after the inquiry held by the
inquiring commissioner ; together with a detailed statement of the expenses caused by
this inquiry. Presented January 22, 1914. — Mr. Delisle Not printed.

m

4-5 George V. x\lpliabetieal Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (2k). Return to an Order of the House of the ICth February, 1913, for a copy of all letters,
petitions, telegrams, complaints, evidence, reports and other papers and documents in
the possession of the Post Office Department, or any department of the Government,
relating to the dismissal of Rufus D. Carrigan, postmaster at Sand Point, Guysborough
County, N.S., and if there was an investigation, the names of all witnesses examined,
and a detailed statement of the expenses of such investigation. Presented January 22,
1914.- -Mr. Sinclair Not printed.

44 (20- Return to an Order of the House of the 15th January, 1913, for a copy of all charges,
correspondence, letters, telegrams and other documents relative to the dismissal of
Daniel Dunlop, postmaster at New Campbellton, Riding of North Cape Breton and Vic-
toria, N.S., and of the evidence taken and reports of the investigation held by H .P.
Duchemin in regard to the same, and a detailed statement of the expenses of such
investigation. Presented January 22, 1914. — Mr. McKenzie Not printed.

44 (2m). Return to an Order of the House of the 9th April, 1913, for a copy of all charges, corre-
spondence, telegrams and other documents relating to the dismissal of Duncan Cameron,
postmaster at Craigmore, Inverness County, Nova Scotia. Presented January 22, 1914.
- — Mr. Chisholm (Inverness) Not printed.

44 (2n). Return to an Order of the House of the 29th January, 1913, for a copy of all letters,
telegrams, reports, charges and other documents relating to the dismissal of Angus
Cameron, late postmaster at Fairlight, Sask., and of the evidence taken at the investi-
gation held by Mr. Dorsett. Presented January 22, 1914.- — Mr. Turriff ... .Not printed.

44 (2o). Return to an Order of the House of the 15th January. 1913, for a copy of all docu-
ments, correspondence, petitions and telegrams respecting the dismissal of M. Sauriol,
postmaster of St. Janvier, County of Terrebonne, and the appointment of his successor.
Presented January 22, 1914. — Mr. Ethier Not printed.

44 (2p.) Return to an Order of the House of the 2nd June, 1913, for a copy of all petitions,
letters, telegrams and resolutions in connection with the changes made in the names of
the post offices at Letches Creek Crossing and Letches Creek, North Cape Breton, N.S.,
the dismissal of Donald Johnston, the former postmaster at Letches Creek, and the
appointment of his successor. Presented January 22, 1914. — Mr. McKenzie.

Not printed.

44 (2(j). Return to an Order of the House of the 27th January, 1913, for a copy of all letters,
documents, telegrams, reports, corresnondence and recommendations in any way relat-
ing to the dismissal of James McLees, postmaster at Bishop Mills, County of Grenville,
Province of Ontario, and the appointment of his successor. Presented January 22, 1914.
— Mr. Proulx Not printed.

44 (2r). Return to an Order of the House of the 9th April, 1913, for a copy of all charges,
correspondence, telegrams and ether documents relating to the dismissal of Mrs. Sarah
C. Rankin, postmistress at S. W. Ridge Mabou, Inverness County, Nova Scotia. Pre-
sented January 22, 1914. — Mr. Chisholm (Inverness) Not printed.

44 (2s). Partial Return to an Order of the House of the 19th March, 1913, for a Return show-
ing in detail the number of dismissals from the public service during the period from
June 23, 1890, to September 21, 1911, in the County of Cumberland, Nova Scotia, in
connection with any department of the public service ; together with the names of the
dismissed officials or employees, their ages at the time of entering the public service,
the length of their period of service with dates, the amount of their remuneration, the
reason for their respective dismissals, the complaints or charges against them, and by
whom made ; together with a copy of all correspondence, letters, telegrams and other
communication with respect to each such case of dismissal, -and of all minutes of evi-
dence on investigation, where any such were held, and of all reports relating to such
dismissals now in the possession of any of the departments of the government : also the
names of all persons appointed to fill vacancies caused by such dismissals, their ages
at the date of appointment, tlie amount of their remuneration, and the names of the
persons by whom the same have been respectively recommended for appointment ;
together with a detailed statement of all amounts and expenses paid by any department
in connection with said dismissals and investigations or removal from office. Presented
January 22, 1914. — Mr. Rhodes Not printed.

44 (2t). Partial Return to an Order of the House of the 29th April, 1913, for a Return show-
ing all employees of the Dominion dismissed in the County of Three Rivers and St.
Maurice since October 15, 1911, to date, the date of dismissal, the employment of each
man, the salary he was receiving at the time of his dismissal, the reason for dismissal,
whether there has been an investigation or not, with the names and places of residence
of the men appointed to replace them. Presented January 22, 1914. — Mr. Bureau.

Not printed.

44 (2m). Partial Return to an Order of the House of the 10th December, 1912, for a return
showing the number of dismissals from public offices by the present Government to this
date in the constituency of Regina, together with the names of the dismissed officials,
the reasons for their dismissals, the complaints against such officials, and a cony of all
correspondence relating thereto and reports of inquiries in cases where such have been
held in respect of the same. Presented January 22, 1914. — Mr. Martin (Regina).

Not printed.

27

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (2v). Return to an Order of the House of the 10th December, 1912, for a return showing
all the public officers dismissefl by the present Government in the electoral district of.
Kamouraska, with the names and duties of such persons respectively, the reason for
their dismissal, the nature of the complaints brought against them, also of all corre-
spondence relating thereto and reports of inquiries in cases where such have been held.
Presented January 22, 1914. — Mr. Lapointe (Kamouraska) Not printed.

44 (,2w). Partial Return to an Order of the House of the 10th February, 1913, for a return
showing in detail the number of dismissals from public offices by the present Govern-
ment to this date in the County of Prince, Prince Edward Island, giving the names of
the dismissed officials, the reasons for their dismissal, the complaints against such
officials and a copy of all the correspondence with respect to the same and of all notes
of evidence and reports of investigations where such were held ; also the names of all
parties appointed to fill the vacancies caused by such dismissals and the names of the
persons by whom the same have been recommended for appointment. Presented
January 22, 1914. — Mr. Richards Not printed.

44 (2a;). Return to an Order of the House of the 10th December, 1912, for a return showing
the detail and number of dismissals from public offices by the, present Government to
this date In the riding of Strathcona, together with the names of the dismissed occu-
pants, the reasons for their dismissal, the complaints against such officials, and a copy
of all correspondence with respect to the same, and of all reports of investigations,
where such were held. Presented January 22, 1914. — Mr. Douglas Not printed.

44 (2l/). Partial Return to an Order of the House of the 10th December, 1912, for a return
showing the detail and number of dismissals from public offices by the present Govern-
ment to this date in the riding of Saltcoats, Sask., together with the names of the dis-
missed occupants, the reasons for their dismissal, the complaints against such officials,
and a copy of all correspondence with respect to the same, and all reports of investi-
gations, in cases where such were held. Presented January 22, 1914. — Mr. MacNutt.

Not printed.

44 (2z). Return to an Order of the House of the 28th April, 1913, for a return showing all
employees dismissed in the County of Champlain since October 15, 1911, to date, the
employment of each man, the salary each was receiving at the time of his dismissal,
the reasons for dismissals, whether there has been any investigation or not, with the
names and places of residence of the men appointed to replace them. Presented
Januaivy 22, 1914. — Mr. Bureau Not printed.

44 (3o). Return to an Order of the House of the 3rd March, 1913, for a return showing in
detail the number of dismissals from public offices and position of employment, by the
present Government since the 11th day of October, 1911, to this date, in the County of
Cumberland, Nova Scotia, not including those for which returns have already been
ordered, in connection with any of the departments of the public service ; together with
the names of the dismissed officials or employees, the reason for their respective dis-
missals, the complaints or charges against them, and by whom made ; together with a
copy of all correspondence, letters, telegrams and other communications with respect to
each such case of dismissal, and of all minutes of evidence of investigations, where any
such were held, and of all reports relating to such dismissals now in the possession of
any of the departments of the government ; also the names of all parties appointed to
fill the vacancies caused by such dismissals, and the names of the persons by whom the
same have been respectively recommended for appointment ; together with a detailed
statement of all amounts and expenses paid by any department in connection with the
said dismissals and investigations or removal from office. Presented January 22, 1914.
— Mr. Kyte Not printed.

44 (3b). Return to an Order of the House of the 3rd February, 1913, for a return showing in
detail the number of dismissals^ from public offices and positions of employment, by the
present Government since the fiist day of October, 1911, to this date, in the County of
Westmorland, New Brunswick, in connection with any of the departments of the public
service ; together with the names of the dismissed officials or employees, the reason for
their respective dismissals, the complaints or charges against them, and by whom made,
save and except the case of George H. Cochrane, Collector of Customs at Moncton (the
papers for which have been already moved for) ; together with a copy of all corre-
spondence, letters, telegrams and other communications with respect to each such case
of dismissal, and of all minutes of evidence of investigations, where any such were held,
and of all reports relating to such dismissals now in the possession of any of the
departments of government, or of the Government Railways Managing Board, or of
the officials of the Intercolonial and the Prince Edward Island Railway ; also the names
of all parties appointed to ffil the vacancies caused by such dismissals, and the names
of the persons by whom the same have been respecitvely recommended for appointment;
together with a detailed statement of all amounts and expenses paid by any department
in connection with the said dismissals and investigations or removals from office. Pre-
sented January 22, 1914. — Mr. Emmerson Not printed.

28

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (3c). Partial Return to an Order of the House of the 3rd March, 1913, for a return showing
in detail the number of dismissals from public offices and positions of employment by
the present Government since the 11th day of October, 1911, to this date, in the County
of Annapol's, Nova Scotia, in connection with any of the departments of the public ser-
vice, but not including cases in which orders have already passed together with the
names of the dismissed officials or employees, the reason for their respective dismissals,
the complaints or charges against them, and by whom made; together with a copy of
all correspondence, letters, telegrams and other communications with respect to each
such case of dismissal, and of all minutes of evidence of investigations, where any such
were held, and of all reports relating to such dismissals now in the possession of any
of the departments of the Government ; also the names of all parties appointed to fill
vacancies caused by such dismissals ,and the names of the persons by whom the same
have been respectively recommended for appointment; together with a detailed state-
ment of all amounts and expenses paid by any department in connection with the said
dismissals and investigations or removals from office. Presented January 22, 1914. — ■
Mr. Chishohn (Antigonish) .Not printed.

44 (3d). Return to an Order of the House of the 2Sth April, 1913, for a return showing all
employees dismissed in the County of Nicolet since October 15, 1911, to date, the date
of dismissal, the employment of each man, the salary he was receiving at the time of
his dismissal, the reasons for dismissal, whether there has been an investigation or not,
with the names and places of residence of the men appointed to replace them. Pre-
sented January 22, 1914. — 3Ir. Bureau Not printed.

44 (3e). Return to an Order of the House of the 29th January, 1913, for a return showing in
detail the number of dismissals from public offices by the present Government to this
date in the constituency of Victoria, Alberta, together with the names of the dismissed
officials, the reason of their dismissal, the complaints against such officials, and a copy
of all correspondence with respect to the same and of all notes of evidence and of the
reports of investigations where such were held ; also the names of all parties appointed
to fill the Vacancies caused by such dismissals and the names of the persons by whom
the same have been recommended for appointment. Presented January 22, 1914. — Mr.
White (Alberta) Not printed.

44 (3/). Officials dismissed in the constituency of Shelburne and Queens, N.S. — (Senate).

Not printed.

44 (iff). Postmasters dismissed in the County of Antigonish, N.S. — (Senate) Not printed.

44 (3/i). Return to an Order of the House of the 29th January, 1913, for a copy of all charges,
covrespondence, letters, telegrams, and other documents relating to the dismissal of
Dr. Freeman O'Neil, from the office of port physician at Lou'sburg. Cape Breton South,
Nova Scotia, and of the evidence taken and reports of investigation held by H. P.
Duchemin in regard to the same. Presented January 26, 1914. — 3Ir. Sinclair.

Not printed.

44 (3i). Partial Return to an Order of the House of the 3rd March, 1913, for a return showing
in detail the number of dismissals from public offices and positions of employment by
the present Government since the 11th day of October, 1911, to this date, in the County
of Digby, Nova Scotia, in connection with any of the departments of the public ser-
vice, but not including cases in which orders have already passed ; together with the
names of the dismissed officials or employees, the reasons for their respective dismissals,
the complaints or charges against them, and by whom made ; together with a copy of
all correspondence, letters, telegrams and other communications with respect to each
such case of dismissal, and of all minutes of evidence of investigations, where any such
were held, and of all reports relating to such dismissals now in the possession of any
of the departments of the Government ; also the names of all parties appointed to fill
the vacancies caused by such dismissals, and the names of the persons by whom the
same have been respectively recommended for appointment ; together with a detailed
statement of all accounts and expenses paid by any department in connection with the
said dismissals and investigations or removals from office. And also — Supplementary
return to an Order of the House of the 3rd March, 1913, for a return showing in detail
the number of dismissals from public offices and positions of employment by the pre-
sent Government since the 11th day of October, 1911, to this date, in the County of
Digby, Nova Scotia, in connection with any of the departments of the public service,
but not including cases in which orders have already passed ; together with the names
of the dismissed officials or employees, the reasons for their respective dismissals the
complaints or charges against them, and by whom made ; together with a copy of all
correspondence, letters, telegrams and other communications with respect to each such
case of dismissal, and of all minutes of evidence of investigations, where any such were
held, and of all reports relating to such dismissals now in the possession of any of the
departments of the Government ; also the names of all parties appointed to fill the
vacancies caused by such dismissals, ;md the names of the ijersons by whom the same
have been respectively recommended for appointment ; together with a detailed state-
ment of all accounts and expenses paid by any department in connection with the said
dismissals and investigations or removals from office. Presented Janaury 22, 1914. —
Mr. Sinclair Not printed.

29

4-5 George V. Alphabetioal Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (3;). Partial Return to an Order of the House of the Srd March, 1913, for a return showing
in detail the number of dismissals from public offices and positions of employment by
the present Government since the 11th day of October, 1911, to this date, in the con-
stituency of Queen's, Shelburne, Nova Scotia, in connection with any of the departments
of the public service, not including cases in which orders have already been passed ;
together with the names of the dismissed officials or employees, the reason for their
respective dismissals, the complaints or charges against them, and by whom made :
together with a copy of all correspondence, letters, telegrams and other communications
with respect to each such case of dismissal, and of all minutes of evidence of investi-
gations, where any such were held and of all reports relating to such dismissals now
in the possession of any of the departments of the Government, also the names of all
parties appointed to fill the vacancies caused by such dismissals, and the names of the
persons by whom the same have been respectively recommended for appointment ;
together with a detailed statement of all amounts and expenses paid by any department
in connection with the said dismissals and investigations of removals from office. Pre-
sented January 27, 1914. — Mr. Law Not printed.

44 (3fc). Partial Return to an Order of the House of the 19th March, 1913, for a list of public
officers employed in the city of Quebec, in the Departments of Inland Revenue, Rail-
ways and Canal.s, the Transcontinental Railway, Custorfis, Immigration, Marine and
Fisheries, Public Works and Militia, the names and duties of such persons, the reason
for their dismissal, the nature of the complaints brought against them, also a copy of
all correspondence relating thereto, and of reports of inquiry in the cases where such
inquiries were held. Presented January 26, 1914. — Mr. Lachance Not printed.

44 (30- Return to an Order of the House of the 29th January, 1913, for a return showing all
the public officers removed by the present Government in the District of L'Assomption,
together with the names and duties of such persons, the reasons for their dismissal, tlie
nature of the complaints brought against them ; also a copy of all correspondence relat-
ing thereto and reports of inquiries in cases where such were held, with the names of
the successors of the dismissed officers. Presented January 26, 1914. — Mr. Seguin.

Not printed.

44 (3m). Further Supplementary Return to an Order of the House of the 7th February, 1912,
for a return showing for each department of the Government the names, post office
addresses, offices, employment, and salaries of all persons employed either in the inside
or outside service thereof, and of such persons not in the Civil Service, employed by the
Government in any department, on the tenth day of October, 1911, who have been
removed from office or employment by dismissal ; specifying in each case the manner
of and grounds of such dismissals and the length of notice given to the persons removed,
and also indicating in each case whether an inquiry was or was not neld prior to such
dismissal. Presented January 26, 1914. — Mr. Kyte Not printed.

44 (3n). Supplementary Return to an Order of the House of the Srd March, 1913, for a return
showing in detail the number of dismissals from public offices and positions of employ-
ment by the present Government since the 11th day of October, 1911, to this date, in
the County of Digby, Nova Scotia, in connection with any of the departments of the
public service, but not including cases in which orders have already passed ; togeaher
with the names of the dismissed officials or employees, the reasons for their respective
dismissals, the complaints or charges against them, and by whom made ; together with
a copy of all correspondence, letters, telegrams and other communications with respect
to each such case of dismissal, and of all minutes of evidence of investigations, where
any such were held, and of all reports relating to such dismissals now in the possession
of any of the departments of the Government ; also tlie names of all parties appointed
to fill the vacancies caused by such dismissals, and the names of the persons by whom
the same have been respectively recommended for appointment ; together with a detailed
statement of all accounts and expenses paid by any department in connection with the
said dismissals and investigations or removals from office. Presented January 28, 1914.
— Mr. Sinclair Not printed.

44 (So). Return to an Order of the House of the 26th May, 1913, for a copy of all correspond-
ence, telegrams, inquiries and reports respecting the dismissal of Philias Hable, light-
keeper at St. Ijouis de Lotbiniere, County of Lotbinifere, Quebec. Presented February
4, 1914. — Mr. Fortier Not printed.

44 (3p). Return to an Order of the House of the 19th May, 1913, for a copy of all correspond-
ence, complaints, petitions and reports connected wtth the dismissal of Fishery Overseer
]Mignea\ilt at Seven Islands, and the a.ppointment in his place of Elzear Levesque. Pre-
sented February 10, 1914. — Mr. Beland Not printed.

44 (33). Return to an Order of the House of the 28th April, 1913, for a return showing all
employees dismissed in the County of Maskinonge, since October 15, ISll, to date, the
date of dismissal, the employment of each man, the salary he was receiving at the time
of his dismissal, the reasons for dismissal, whether there has been investigation or not,
and the nam«s an'd places of residence of the men appointed to replace them. Presented
February 10, 1914.- — Mr. Bntreau Not printed.

30

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 28— Continued.

44 (3r). Partial Return to an Order of the House of the 3rd March, 1913, for a return showing
in detail the number of dismissals from public offices and positions of employment by
the present Government since the 11th day of October, 1911, to this date, in the County
of King's, Province of Nova Scotia, in connection with any of the departments of the
public service, not including cases in which orders have already passed ; together with
the names of the dismissed officials or employees, the reason for their respective dis-
missals, the complaints or charges against them, and by whom made ; together with a
copy of all correspondence, letters, telegrams and other communications with respect to
each such case of dismissal, and of all minutes of evidence of investigations, where any
such were held, and of all reports relating to such dismissals now in the possession of
any of the departments of the Government, also the names of all parties appointed to
fill the vacancies caused by such dismissals, and the names of the persons by whom the
same have been respectively recommended for appointment ; together with a detailed
statement of .all amounts and expenses paid, or to be paid, by any department in con-
nection with the said dismissals and investigations or removals from office. Presented
February 10, 1914. — Mr. McKensie Not printed.

44 (3s). Return to an Order of the House of the 3rd March, 1913, for a return showing in
detail the number of dismissals from public office and positions of employment by the
present Government since the 11th day of October, 1911, to this date, in the County of
Colchester, Nova Scotia, in connection with any of the departments of the public ser-
vice ; together with the names of the dismissed officials or employees, the reasons for
their respective dismissals, the complaints or charges against them, and by whom made ;
together with a copy of all correspondence, letters, telegrams and other communications
with respect to each such case of dismissal, and of minutes of evidence of investigations,
where any such were held, and of all reports relating to such dismissals now in the
possession of any of the departments of the Government ; also the names of all parties
appointed to fill the vacancies caused by such dismissals, and the names of the persons
by whom the same have been respectively recommended for appointment ; together with
a detailed statement of all amounts and expenses paid by any department in connection
with the said dismissals and investigations or removals from office. Presented
February 10, 1914. — Mr. Macdonald • Not printed.

44 (30- Return to an Order of the House of the 3rd March, 1913, for a return showing in
detail the number of dismissals from public offices and jKJsitions of employment by the
present Government since the 11th day of October, 1911, to this date, in the County of
Hants, Nova Scotia, in connection with any of the departments of the public service,
not including cases in which orders have already passed ; together with the name of the
dismissed officials or employees, the reason for their respective dismissals, the com-
plaints or charges against them, and by whom made ; together with a copy of all corre-
srondence, letters, telegrams and other communications with respect to each such case
of dismissal, and of all minutes of evidence of investigations, where any such were held,
and of all reports relating to such dismissals now in the possession of any of the depart-
ments of the Government ; also of the names of all parties appointed to fill the vacancies
caused by such dismissals, and the names of the persons by whom the same have been
respectively recommended for appointment ; together with a detailed statement of all
amounts and expenses paid by any department in connection with the said dismissals
and investigations or removals from office. Presented February 10, 1914. — Mr. Chis-
hohn (Inverness) Not printed.

44 (3w). Return to an Order of the House of the 10th December, 1912, for a copy of all corre-
spondence, documents, recommendations, and reports concerning the dismissal of Miss
Eugenie Dorion, an employee in the office of the post office inspector at Quebec ; the
reasons for her dismissal, the nature of the complaints brought against her, if any, the
names of the persons who brought these complaints, also a copy of all correspnodenco
relating thereto, and the report of inquriy, if there was one held. Presented February
20, 1914. — Mr. Wilson (Laval) Not printed.

44 (3v). Return to Order of the House of the 2nd February, 1914, for a copy of all charges,
correspondence, letters, telegrams and other documents in the possession of the Post
Office Department, relating to the dismissal of James R. Laing, postmaster at Liscombe,
N.S., and of the facts taken, and report of investigation in regard to the same, if any,
a detailed statement of the expenses of such investigation, together with a copy of all
recommendations, letters, telegrams, and other papers relating to the appointment of
his successor. Presented February 23, 1914. — Mr. Sinclair Not printed.

44 (310). Return to an Order of the House of the 5th June, 1913, for a copy of all correspond-
ence, papers, &c., in connection with the dismissal of Mr. A. L. Des&ve, officer in charge
of the fishery hatchery at Magog, Quebec, and the appointment of Mr. L. A. Audet to
the said position. Presented February 23, 1914. — Sir W. Laurier Not printed.

44 (Sx). Return to an Order of the House of the 9th February, 1914, for a copy of all corre-
spondence, telegrams and other documents relating to the removal of Jas. T. Richard-
son as sub-Collector of Customs at Humboldt, Saskatchewan, and the appointment of a
successor. Presented February 23, 1914. — Mr. Neely Not printed,

31

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF .VOLUME 2S— Continued.

44 (3j/). Supplementary Return to an Order of the House of the 10th December, 1912, for a
return showing the number of dismissals from public offices by the present Government
to this date in the constituency of Regina, together with the names of the dismissed
officials, the reasons for their dismissals, the complaints against such officials, and a
copy of all correspondence with respect to the same, and of all reports of any investi-
gations held in respect of the same. Presented February 24, 1914. — Mr. Martin
(Regina) Not printed.

44 (3«). Return to an Order of the House of the 9th Februaiy, 1914, for a copy of all papers,
documents, correspondence, &c., in connection with the " niiissal of Mr. Hicks, of Bridge-
town, N.S., from the customs service in 1913. Presented February 24, 1914. — Mr. Mac-
lean (Halifax) Not pri-nted.

44 (4o). Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
petitions, telegrams, complaints, evidence, reports and other papers and documents in
the possession of the Customs Department, relating to the dismissal of Ralph Harris,
sub-collector of customs at Pelee Island, Ont., and if there was an investigation, the
names of all the witnesses, and a copy of the evidence ; and also of all the papers con-
nected with the appointment of his successor. Presented February 26, 1914. — Mr.
Clarke (Essex) Not printed.

44 (4b). Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
petitions, telegrams, complaints, evidence, reports and other papers and documents in
the possession of the Customs Department, relating to the dismissal of Aylmer Orton,
customs officer at Windsor, Ont., and if there was an investigation, the names of all the
witnesses, and a j:opy of the evidence ; and also of all the papers connected with the
appointment of his successor. Presented February 26, 1914. — Mr. Clarke (Essex).

Not printed.

44 (4c). Return to an Order of the Ho ' ♦he 16th February, ' copy of all letters,
petitions, telegrams, complaint? ^'-lorts and "^^ and documents in
the possession of the Customs ating to ' of Frederick For-
ster, sub-collector of customs at Kmg.s..iie, Ont.. and if investigation, the
names of all the witnesses, and a copy of the evidence ; and aiso oi all the papers con-
nected with the appointment of his successor. Presented February 26, 1914. — Mr.
Clarke (Essex) Not printed.

44 (4d). Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
petitions, telegrams, complaints, evidence, reports and other papers and documents in
the possession of the Interior Department, relating to the dismissal of Andrew Darragh,
immigration officer at Windsor, Ont., and if there was an investigation, the names of
all the witnesses, and a copy of the evidence ; and also of all the papers connected with
the appointment of his successor. Presented March 2, 1914. — Mr. Clarke (Essex).

Not printed.

44 (4e). Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
petitions, telegrams, complaints, evidence, reports and other papers and documents in
the possession of the Interior Department, relating to the dismissal of John Halstead,
immigration officer at Windsor, Ont., and if there was an investigation, the names of
all the witnesses, and a copy of the evidence ; and also of all the papers connected with
the appointment of his successor. Presented March 2, 1914. — Mr. Clarke (Essex).

Not printed.

44 (4/). Return to an Order of the House of the 26th May, 1913, for a copy of all correspond-
ence, telegrams, inquiries, and reports, respecting the dismissal of Napoleon Daigle,
lighthouse keeper at Barre a Boulard, Parish of St. Louis de Lotbinifire, Quebec. Pre-
sented March 2, 1914. — Mr. Fortier ^ot printed.

44 (4p). Supplementary Return to an Order of the House of the 19th March, 1913, for a return
showing in decail the number of dismissals from the public service during the period
from June 23, 1896, to September 21, i911, in the County of Cumberland, Nova Scotia,
in connection with any department of the public service ; together with the names of
the dismissed officials or employees, their ages at the time of entering the public ser-
vice, the length of their period of service with dates, the amount of their remuneration,
the reason for their respective dismissals, the complaints or charges against them, and
by whom made ; together with a copy of all correspondence, letters, telegrams and other
communications with respect to each such case of dismissals, and of all minutes of evi-
dence on investigation, where any such were held, and of all reports relating to such
dismissals now in the possession of any of the departments of the government ; also the
names of all peisons appointed to fill vacancies caused by such dismissals, their ages
at the date of appointment, the amount of their remuneration, and the names of the
persons by whom the same have been respectively recommended for appointment ;
together with a detailed statement of all amounts and expenses paid by any department
in connection with said dismissals and investigations or removal from office. Presented
March 2, 1914. — Mr. Rhodes Not printed.

32

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (4/t). Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
petitions, telegrams, complaints, evidence, reports and other papers and documents in
the possession of the Department of the Postmaster General, relating to the dismissal
of James H. Smart, postmaster at Kingsville, Ont., and if there was an investigation,
the names of all the witnesses and a copy of the evidence ; and also of all the papers
connected with the appointment of his successor. Presented March 2, 1914. — Mr.
Clarke ( Essex) Not printed.

44 (4t). Return to an Order of the House of the 11th February, 1914, for a copy of all papers,
letters and documents of every kind relating to the dismissal of Jphn A. Roy from the
position of postmaster at Maitland, County of Hants. Presented March 2, 1914. — Mr.
Macdonald Not printed.

44 (4;'). Return to an Order of the House of the 11th February, 1914, for a copy of all papers,
letters and documents of every kind relating to the dismissal of Thomas Nelson, from
the position of postmaster at Scotch Village, County of Hants. Presented March 2,
1914. — Mr. Macdonald Not printed.

44 (4A:). Return to an Order of the House of the 11th February, 1914, for a copy of all papers,
letters and documents of every kind relating to the dismissal of Albert McHeffey from
the position of postmaster at Shubenacadie, County of Hants. Presented March 2, 1914.
— Mr. Macdonald . . .' Not printed.

44 (40- Return to an Order of the House of the 11th February, 1914, for a copy of all papers,
letters and documents of every kind relating to the dismissal of C. Stewart McPhee from
the position of postmaster at Enfleld, County of Hants. Presented March 2, 1914. — ■
Mr. Macdonald Not printed.

44 (4wi). Return to an Order of the House of the 2nd February, 1914, for a return showing in
detail the number of dismissals from public offices and positions of employment by the
present Govo'-'^"-'er\t since the first day of February, 1913, to date, in the County of
' Westmor'' ^Jrunswick, in co'-- ' '^ -^ with any of the departments of the public
service, l v^st Office ' ' j,!T:9[her with the names of the dismissed
officials' ■* the reasi.-o ., _ .:,i'^ respective dismissal, the complaints or
charges i^^^ . . .i, and by whom made; together with a copy of all correspondence,
letteis, telegrams and other communications with respect to each such case of dismissal,
and of all minutes of evidence of investigations, where any such were held, and of all
reports relating to such dismissals now in the possession of any of the departments of
the government, or of the Government Railway Managing Board, or of the officials of
the Intercolonial and the Prince Edward Island Railways ; also the names of all parties
appointed to fill the vacancies caused by such dismissals, and the names of the persons
by whom the same have been respectively recommended for appointment ; together with
a detailed statement of all amounts and expenses paid by any department in connection
with the said dismissals and investigations or removals from office. Presented March
3, 1914. — Mr. Emmerson Not printed.

44 (4n). Return to an Order of the House of the 15th January, 1913, for a copj' of all letters,
documents, telegrams, reports, correspondence and recommendations in any way relating
to the dismissal of D. Dishaw, employee of the Marine shipyard at Prescott, Ontario.
Presented March 3, 1914. — Mr. Turriff Not printed.

44 (40). Return to an Order of the House of the 11th February, 1914, for a copy of all papers,
letters and documents of every kind relative to the dismissal of A. Michael Russell from
the position of caretaker of the drill hall at Windsor, County of Hants. Presented
March 3, 1914. — Mr. Maclean (Halifax) Not printed.

44 (4p). Return to an Order of the House of the 2nd February, 1914, for a copy of all charges,
correspondence, letters, telegrams and other documents relating to the dismissal of Mr.
A. Goyette, postmaster at St. Valerien de Milton, Sheft'ord County, Quebec, and of the
evidence taken, and of the reports of investigation held by Dr. W. L. Shurtleff in regard
to the same. Presented March 5, 1914. — Mr. Boivin Not printed.

44 (4fy). Return lo an Order of the House of the 21st April, 1913, for a copy of the evidence
and ret^ort in the investigation held by Mr. W. A. E. Flynn, in the case of P. D. Bour-
dages, keeper of the lighthouse at Bonaventure Point, Quebec, of the charges made
against the said Bourdages by Ovide Bourdages, Raymond Bourdages, Pierre Henry,
J. A. Mousseau and D. Champoux. Presented March 5, 1914. — Mr. Marcil (Bonaven-
ture ) .... Not printed.

44 (4r). Return to an Order of the House of the 21st April, 1913, for a copy of the charges
made by Messrs. W. S. Montgomery, J. I. Boudreau, N. Bourg, J. A. Mousseau, N. Boud-
reau, against Louis Bujold, keeper of the lighthouse at Carleton Point, Quebec. Pre-
sented March 5, 1914. — Mr. Marcil {Bonaventure) Not printed.'

44 (4s). Retuin to an-Order of the House of the 11th February, 1914, for a return showing
reasons for the dismissal of Mr. Shinbine, caretaker of the Immigration Hall at Edmon-
ton, the date of his appointment and of dismissal, and salary at time of dismissal ; also
the name of caretaker appointed in his place, with date of appointment, salary and
qualifications. Presented March 6, 1914. — Mr. Oliver Not printed.

63433—3 33

4-5 George V. Alphabetical Index to Sessional Papers. , A. 1914

CONTENTS OF VOLTTME 2S—C ontinued.

44 (40- Return to an Order of the House of the 11th February, 1914, for a return showing th<>
reasons for the dismissal of Mr. Webster, immigration agent at Edmonton ; the date of
his appointment and of dismissal, and salary at time of dismissal ; also the name of
the agent appointed in his place, with date of appointment, salary and qualifications?
Presented March 6, 1914. — Mr. Oliver Not printed.

44 (4m). Return to an Order of the House of the 11th February, 1914, for a return showing
reasons for the dismissal of Jacob Mohr, interpreter for the immigration agency at
Edmonton ; the date of his appointment and of dismissal, and salary at time of dis-
missal ; also the name of the interpreter appointed in his place with date of appoint-
ment, salary and qualifications. Presented March 6, 1914. — Mr. OUvtr Not printed.

44 •■'■r). Return to an Order of the Houe of the 11th February, 1914, for a return showing
reasons for the dismissal of Mr. P. Tomkins, Dominion Lands Agent at Grouard, the
date of his appointment and of dismissal, and salary at time of dismissal ; also the
name of agent appointed in his place, with date of appointment and salary. Presented
March G, 1914. — Mr. Oliver Not printed.

44 (4io). Return to an Order of the House of the 2nd February, 1914, for a copy of all docu-
ments bearing upon dismissals and appointments of officials of the Inland Revenue
Department in Bonaventure County since January 1, 1913, to date; together with
a statement showing the salaries, emoluments and amounts paid to the new appointees
since appointment, connpared with amounts paid officials for corresponding periods in
1911 and 1912. Presented March 6, 1914. — Mr. Marcil (Bonaventnre) . . . .Not printed.

44 (4a;). Return to an Order of the House of the 2nd February, 1914, for a copy of aU
charges, correspondence, letters, telegrams and other documents relating to the dis-
missal of Mr. Arthur Dupuis, postmaster at Pontbriand, County of Megantic, Quebec,
and of the evidence taken and of the reports of investigation held by Dr. W. L. Shurt-
leff in regard to the same. Presented March 6, 1914.. .Mr. Pacaud Not printed.

44 (4i/). Return to an Order of the Houise of the 2nd February, 1914, for a copy of all
correspondence, letters, telegrams, petitions and other documents relating to the dis-
missal of Jos. Serguis Arcliambault, as postmaster of the town of Terrebonne, and to
the appointment of George Beausoldeil, as his successor. Presented March C, 1914.
Mr. Seguin Not printed.

44 (4.?;). Return to an Order of the House of the 2nd February, 1914, for a copy of all
correspondence, letters, telegrams, reports and all , other papers relating to the dis-
m ssal of Martin Lanigan, postmaster at Sexton, County of Kent, New Brunswick, and
of the minutes of evidence of any investigation or inquiry held relating to the said
dismissal, and of all and any charges and recommendations connected therewith ; also
a copy of all letters written to the Postmaster General or to any official of the Post
Office Department, by F. J. Robidoux, M.P., or by any other person relating to the said
dismissal. Presented March 6, 1914. — Mr. Emmerson Not printed.

44 (5a). Return to an Order of the House of the 2nd February, 1914, for a copy of all docu-
ments, letters, correspondence and petitions asking for the dismissal of Mr. Felix Ray-
mond, postmaster at Ste. Scholastique Village, County of Two Mountains, together with
everything in connection with such dismissal. Presented March 6, 1914. — Mr. Ethier.

Not printed.

44 (5b). Return to an Order of the House of the 16th February, 1914, for a copy of all
papers in connection with the sub-lands agency in Gravelburg, Saskatchewan. Pre-
sented March 10, 1914. — Mr. Knowles Not printed.

44 (5c). Further Supplementary Return to an Order of the House of the 3rd March, 1913,
for a return showing in detail the number of dismissals from public offices and
positions of employment by the present Government since the 11th of October, 1911, to
this date, in the County of King's, Province of Nova Scotia, in connection with any of
the departments of the public service, not including cases in which orders have already
passed ; together with the names of the dismissed officials or employees, the reason for
their respective dismissals, the complaints or charges against them, and by whom made ;
together with a copy of all correspondence, letters, telegrams and other communications
with respect to each such case of dismissal, and of all minutes of evidence of investi-
gations, where any such were held, and of all reports relating to such dismissals now
in the possession of any of the departments of the Government, also the names of all
parties appointed to All the vacancies caused by such dismissals, and the names of the
persons by whom the same have been respectively recommended for appointment;
together with a detailed statement of all amounts and expenses paid, or to be paid, by
any department in connection with the said dismissals and investigations or removals
from office. Presented March 10, 1914. — Mr. McKenzie Not printed.

44 (5fO- Return to an Order of the House of the 11th February, 1914, for a copy of all
papers, telegrams, correspondence and petitions in any way referring to the dismissal
of the postmaster at Ainslie Glen, Inverness County, and the appointment of Neil
MeKinnon to said office. Presented March 12, 1914. — Mr. Chisholm {Inverness).

Not printed,

34

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME ZS—Cantinued.

44 (5e). Return to an Order of the House of the 9th February, 1914, for a copy of all
papers, documents, correspondence, letters, &c., since October 1, 1911, relating to the
appointment of a postmaster at Upper Ohio, Shelburne County, N.S. Presented March
12, 1914. — Mr. Maclean {Halifax) Not printed.

44 (5/). Retui-n to an Order of the House of the 9th February, 1914, for a copy of all
papers, documents, correspondence, letters and telegrams, relating to the dismissal of
Jos H Lefebvre, postmaster at Howick Station, County of Chateauguay, and the
appointment of his successor. Presented March 12, 1914.— Mr. Robb Not printed

44 (Sf). Return to an Order of the House of the 11th February, 1914, for a copy of all
correspondence, letters, telegrams, petitions and other documents in any way connected
with the dismissal of the postmaster at Alexander, Inverness County, and the appoint-
ment of a successor. Presented March 12, 1914. — Mr. Chisholm (Inverness).

Not printed.

44 (5/0- Return to an Order of the House of the 2nd February, 1914, for a copy of all
correspondence, letters, telegrams and documents of all kinds in possession of the
Government or any department thereof, in any way relating to the employment of and
dismissal from the Geological Survey of Canada of N. H. McLeod, North East Margaree,
Inverness County, N.S. Presented March 12, 1914. — ilfr. Chisholm (Inverness).

Not printed.

44 (5i). Return to an Order of the House of the 15th Janua.ry, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence and recommendations in any way relating
to the dismissal of M. Barry, from the service of the Marine Department at Prescott,
Ontario. Presented March 17, 1914. — Mr. Lemicux Not printed.

44 (5j). Return to an Order of the House of the loth January, 1913, for a copy of all
letters, documents, telegrams, reports, correspondence and recommendations in any way
relating to the dismissal of W. Granton, from the service of the Marine Department at
Prescott, Ontario. Presented March 17, 1914. — Mr. Thomson (Qu'Appelle).

Not printed.

44 (5fc). Return to an Order of the House of the 9th February, 1914, for a copy of all letters,
and telegrams in connection with the dismissal of the postmaster at Fletwode,
Saskatchewan, and the changing of the location of the said post office. Presented
March 17, 1914. — Mr. Turriff Not printed.

44 (50- Return to an Order of the House of the 2nd February, 1914, for a return showing in
detail the number of dismissals or removals from offlce from 1st February, 1913, of
postmasters in the County of Westmorland, New Brunswick ; together with the names
of the dismissed postmasters, or postmistresses, the reason of their dismissal, and a copy
of the charges or complaints against such officials respectively, and of all correspondence
with respect to the same ; and of all correspondence, recommendations, petitions, pro-
tests and other documents, and of all notes of evidence and of the reports of investiga-
tions, where such were held, relating thereto, or to the appointment of successors to fill
such offices respectively ; and also the names of all persons appointed to fill the vacancies
caused by such dismissals, and of the persons by whom the same respectively were
recommended for appointment. Presented March 17, 1914. — Mr. Emmerson.

Not printed.

44 (5m). Return to an Order of the House of the 16th Febi'uary, 1914, for a return show-
ing the name of the postmaster of the Parish of St. Henri de Lauzon, County of D^vis,
who, it is said, was dismissed from office since September, 1911, the reasons for such
dismissal, the nature of the complaints made against him, the names of the parties who
made those complaints, together with a copy of all correspondence and telegrams relat-
ing thereto, the name of the inquiring commissioner, and report of investigation, if any,
and of all evidence taken at the investigation, the names of those who recommended the
successor, names of the parties by whom the Government was represented at such
investigation, with a detailed statement of all the accounts paid or to be paid by any
department in connection with the aforesaid dismissal and investigation, the names of
the parties who received any money or filed their accounts in connection with said
investigation, and the amount awarded to or claimed by each of them. Presented
March 17, 1914.— iVr. Bourassa Not printed.

44 (5n). Return to an Order of the House of the 23rd February, 1914, for a copy of all letters,
petitions, telegrams, evidence, reports, papers and documents, in the possession of the
Post Offlce Department, or any other department, relating to the dismissal of Geo.
Skates, postmaster at Appin, Ontario ; and if there was an investigation, the name of
the investigator and witnesses, a copy of the evidence and of letters, papers, petitions,
recommendations and other documents connected with the appointment of Mr. Skates'
successor. Presented March 17, 1914. — Mr. Ross Not printed.

44 (.So). Return to an Order of the House of the 9th March, 1914, for a copy of all charges,
correspondence, letters, telegrams and other documents relating to the dismissal of Geo.
J. Ryan and Charles Hamlin from the Canadian customs service at Newport, Vermont,
and of the appointment of Charles A. Boright and Frank S. Baker to the said positions.
Presented March 20, 1914.— il/r. Boivin Not printed.

63433—3^ 35

4-5 George V. Alphabetical Index to S-essional Papers. A. 1914

CONTENTS OF VOLUME 28— Continued.

44 (5P). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,,
documents, telegrams, reports, correspondence, and recommendations, in any way relat-
ing to the dismissal of J. Shaver, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — ilf?'. Law Not printed.

44 (uq). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of R. I^unay, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Cnrroll Not printed.

44 {hr). Return to an Order of the House of the loth January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. Slattery, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Beland Not printed.

44 (5s). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. Walsh, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20. 1914. — Mr. Chishohn (Inverness) Not printed.

44 (50- Return to an Order of the House of the 15th January, 1913, for a copy of all
letters, documents, telegrams, reports, correspondence, and recommendations in any way
relating to the dismissal of W. Gerts, employee of the Marine shipyard at Prescott,
Ontario. Presented March 20, 1914. — Mr. Wilson (Laval) Not printed.

44 (5m). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of D. Boivard, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Kyte Not printed.

44 (5v). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the cM.smissal of G. Scott, employee of the Marine shipyard at Prescott. Ontario.
Presented March 20, 1914. — Mr. Nesbitt Not printed.

44 (5mj). R?turn to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. Offspring, employee of the Marine shipyard at Prescott
Ontario. Presented March 20, 1914. — Mr. Warnock Not printed.

44 (5x). Return to an Order of the House of the l.jth January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. Hayes, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Turriff Not printed.

44 (5!/). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of P. Belanger, from the service of the Marine Department at Pres-
cott, Ontario. Presented March 20, 1914. — Mr. Proulx Not printed.

44 (5-)- Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of L. Place, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Pacaud Not printed,

44 (6fl). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations m any way relat-
ing to the dismissal of C. Kavanagh, employee of the Marine shipyard" at Prescott,
Ontario. Presented March 20, 1914. — Mr. Carvell Not printed.

44 (6b). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. Roche, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Sinclair Not printed.

44 (6c). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to tlie dismissal of J. Mclnnis. emploj-ee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. McCoig Not printed.

44 (6rt). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing- to the dismissal of E. Scott, employee of the Marine shipyard at Prescott, Ontario.
Presented March 29, 1914. — Mr. Demers Not printed.

44 CSe). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of C. Wright, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Clark (Red Deer) Not printed.

44 (6/). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of L. Lalonde, employee of the Marine shipyard at Prescott,
Ontario. Presented March 20, 1914. — Mr. Bureau Not printed.

ae

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 28— Continued.

44 (6i/). Return to an Order of the House of the 15th J]anuary, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of H, BirKs, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Charlton I^ot printed.

44 (67i). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of W. Jarvis, employee of the Marine shipyard at Prescott, Ontario.
Presented March 20, 1914. — Mr. Gauvreau Not printed.

44 (61). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. McDermott, employee of the Marine shipyard at Prescott,
Ontario. Presented March 23, 1914. — Mr. Devlin Not printed.

44 (6;). Return to an Order of the House of the 27th January, 1913, for a copji of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of George L. Brown, officer in charge of the Dominion lighthouse,
Prescott Depot, Ontario, and the appointment of his successor. Presented March 23,
1914. — Mr. Proulx Not printed.

44 (6fc). Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. Dane, employee of the Marine shipyard at Prescott, Ontario.
Presented March 23, 1914. — M:<. MacNutt Not printed.

44 (60- Return to an Order of the House of the 15th January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of D. Perrin, employee of the Marine shipyard at Prescott, Ontario.
Presented March 23, 1914.^ — Mr. Lemieux Not printed.

44 (6m). Return to an Order of the House of the loth January, 1913, for a copy of all letters,
documents, telegrams, reports, correspondence, and recommendations in any way relat-
ing to the dismissal of J. A. Mundle, employee of the Marine shipyard at Prescott,
Ontario. Presented March 23, 1914. — 3Ir. Maclean (Halifax) Not printed.

44 (6n). Return to an Order of the House of the 16th February, 1914, for a return showing
the name of the postmaster of the Parish of St. Lambert, County of L6vis, who, it is
stared, v/as dismissed from office since September, 1911, the reasons for such dismissal,
the nature of the complaints made against him, the names of the parties who made
those complaints, together with a copy of all correspondence and telegrams relating
thereto, the name of the inquiring commissioner, and report of investigation, if any,
and of all evidence taken at the investigation, the names of those who recommended the
successor, names of the parties by whom the Government was represented at such
investigation, with a detailed statement of all the accounts paid or to be paid by any
department in connection with the aforesaid dismissal and investigation, the names of
the parties who received any money or filed their accounts in connection with said
investigation, and the amount awarded to or claimed by each of them. Presented
March 23, 1914. — Mr. Bourassa Not pr n!ed.

44 (Go). Return to an Order of the House of the 2nd February, 1914, for a return showing the
changes in postmasterships in Bonaventure County from January 1, 1913, to date, with
a list of dismissals, and reasons therefor, and of new appointments, also a copy of all
reports, correspondence, petitions and documents generally bearing on this subject ;
together with a list of post office contracts cancelled in said constituency, with reasons
therefor, if any, and of new contracts awarded, with the old rate and the new. and
whether tenders were called for, in each case, and whether contracts were awarded to
lowest tenderer or not. Presented March 23, 1914. — Mr. Mareil (Bonaventure).

Not printed.

44 (62J). Return to an Order of the House of the 2nd February, 1914, for a return of all
repoi'ts, memorials, correspondence and documents generally, bearing on the dismissal
of customs officials in Bonaventure county from January 1, 1913, to date, together with
a statement of salaries paid to old and new officials, and a copy of recommendations on
which new officials were appointed, if any. Presented March 25, 1914. — Mr. Mareil
(Bonaventure) Not printed.

44 (6a). Return to an Order of the House of the 2nd February, 1914, for a return showing in
detail the number of dismissals from office since October 1, 1911, not already brought
down, of postmasters in the County of Albert, New Brunswick, together with the names
of the dismissed postmasters, the reason of their dismissal, and a copy of the charges
or ctfmplaints against such officials respectively, also a copy of all correspondence,
recommendations, petitions, protests and other documents, and of all notes of evidence
and of the reports of investigations, where such were held with respect to the same or
relating thereto, or to the appointment of successors to fill such offices respectively.
And also the names of all persons appointed to fill the vacancies caused by such dis-
miasals, and the names of the persons by whom the same were respectively recom-
m*<n(i-^.d for appointment. Presented March 25, 1914. — Mr. Emmerson Not printed.

37

4-5 George V. Alpluibetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (6r). Supplementary Return to an Order of the House of the 3rd March, 1913, for a return
showing in detail the number of dismissals from public offices and positions of employ-
ment by the present Government since the 11th day of October, 1911, to this date, in
the constituency of Queen's, Shelburne, Nova Scotia, in connection with any of the
departments of the public service, not including cases in which orders have already
been passed ; together with the names of the dismissed officials or employees, the rea-
son for their respective dismissals, the complaints or charges against them, and by
whom made ; together with a copy of all correspondence, letters, telegrams and other
communications with respect to each such case of dismissal, and of all minutes of evi-
dence of investigations, where any such were held and of all reports relating to such
dismissals now in the possession of any of the departments of the Government, also the
names of all parties appointed to fill the vacancies caused by such dismisaals, and the
names of the persons by whom the same may have been respectively recommended for
appointment ; together with a detailed statement of all amounts and expenses paid by
any department in connection with the said dismissals and investigations or removals
from office. Presented March 26, 1914. — M?-. Law Not printed.

44 (6s). Supplementary Return to an Order of the House of the 10th December, 1912, for a
return showing all the public officers dismissed by the present Government in the elec-
toral district of Kamouraska, with the names and duties of such persons respectively,
the reason for their dismissal, the nature of the complaints brought against them, also
of all correspondence relating thereto and reports of inquiries in cases where such have
been held. Presented March 26, 1914. — Mr. Lapointe (Kamouras'ka.) Not printed.

44 (60- Return to an Order of the House of the 16th February, 1914, for a return showing the
name of the postmaster of the Parish of Notre Dame de Charny, County of LSvis, who,
it is stated, was dismissed from office since September, 1911, the reasons for such dis-
missal, the nature of the complaints made against him, the names of the parties who
made those compJamts, together with a copj^ of all correspondence and telegrams relat-
ing thereto, the name of the inquiring commissioner, and report of investigation, if any,
and of all evidence taken at the investigation, the names of those who recommended the
successor, names of the parties by whom the Government was represented at such inves-
tigation, with a detailed statement of all the accounts paid or to be paid by any depart-
ment in connection with the aforesaid dismissal and investigation, the names of the
parties who received any money or filed their accounts in connection with said investi-
gation, and the amount awarded to or claimed by each of them. Presented March 31,
1914. — Mr. Bournssa Not printed.

44 (6«). Return to an Order of the House of the 16th March, 1914, for a copy of all telegrams,
letters and correspondence in connection with the dismissal of Charles S. Melanson,
postmaster of Corberrie, Digby County, N.S. Presented April 1, 1914. — Mr. Lata .

Not printed.

44 (dv). Return to an Order of the House of the 11th February,^ 1914, for a return showing
reascjis for the dismissal of Gordon McDonald, homestead inspector in the Grouard Land
Agency, the date of his appointment and of dismissal, and salary at time of dismissal;
also the names of inspector appointed in his place, with date of appointment and salary.
Presented April 2, 1914. — Mr. Oliver Not printed.

44 (6i«). Return to an Address to His Royal Highness the Governor General of the 17th Feb-
ruary, 1913, for a copy of all letters, papers and documents relating to the appointment
^ of W. P. Slack as clerk of works in the Department of Public Works at Ottawa; a
copy of the charges against the said W. F. Slack, which were investigated by Honour-
able F. D. Monk, and of all the letters suspending and re-instating the said W. F. Slack ;
of the employees memorial, dated May 11, 1912, and addressed to Honourable F. D.
Monk ; praying for the retention in office of the said W. F. Slaclc ; a copy of the charges
investigated by Commissioner R. V. Sinclair, of the evidence taken and the reports made
by the said commissioner ; and also of all correspondence, requests, recommendations
and orders in council relating to the dismissal of the said W. F. Slack. Presented April
2. 1914. — Mr. Murphy Not printed.

44 (6a;). Return to an Order of the Plouse of the 28th April, 1913, for a copy of all correspond-
ence, memoranda, reports, telegrams, and of all documents whatsoever, in connection
with and having relation to the dismissal of William Brunelle, lighthouse keeper at
Pointe a Citrouille, County of Champlain, Province of Quebec. Presented April 2, 1914.
— Mr. Bureau Not printed.

44 (6l^). Return to an Order of the House of the 23rd March, 1914, for a copy of all documents,
correspondence, petitions, recommendations, &c., in connection with the dismissal of
Arthur Levesque, light keeper at Grosse Isle, Kamouraska, and with the appointment
of his successor? Presented April 7, 1914. — Mr. Lapointe (Kamouraska) . .Not printed.

44 (6«). Return to an Order of the House of the 28th April, 1913, for a copy of all correspond-
ence, memoranda, reports, telegrams and all other documents whatsoever having refer-
ence to the dismissal of L. Philippe Carignan, lighthouse keeper at Champlain, County
of Champlain. Presented April 2, 1914. — Mr. Bureau Not printed.

33

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (7a). Return to an Order oft he House of the 23rd March, 1914, for a copy of all documents,
petitions, correspondence, recommendations, investigations, &c., in connection with the
dismissal of Dominique Levesque, lightkeeper at Riviere Quelle wharf, County of
Kamouraska, and with the appointment of his successor. Presented April 7, 1914. —
Mr. Lapointe (Kamouraska) .Not printed.

44 (7?J). Return to an Order of the House of the 2nd February, 1914 ,for a return showing in
detail the number of dismissals from public offices by the present Government in the
electoral district of Shefford from the 1st of October, 1911, not already brought down
to the present date ; together with the names of the dismissed officers, the reasons for
their dismissal, the complaints against such officials, names of the complainants in each
case, and the names of their successors in office. Presented April 16, 1914. — -Mr. Boivin.

Not printed.

44 (7c). Supplementary Return to an Order of the House of the 10th December, 1912, for a
return showing all public officers removed by the present Government in the District of
Portneuf, together with the names and duties of each person, the reasons for their dis-
missal, the nature of the complaints brought against them, also a copy of all correspond-
ence relating thereto and reports of inquiries in cases where such were held. Pre-
sented April 16, 1914. — Mr. Delisle. -. Not printed.

44 (7d). Return to an Order of the House of the 4th February, 1914, for a copy of all corre-
spondence relative to the dismissal of Alex. W. Finlayson, keeper of light on St. Esprit
Island, Richmond County, N.S., and to his resignation and the appointment of a suc-
cessor. Presented April 17, 1914. — Mr. Kyte Not printed.

44 (7e). Return to an Order of the House of the 4t.h March, 1914, for a copy of all papers, evi-
dence, &c., in connection with the investigation held by the Department of Marine and
Fisheries against the light keeper of Cape Cove, County of Gaspe, in 1911. Presented
April 17, 1914. — Mr. Lemleux Not printed.

44 (7/). Return to an Order of the House of the 16th February, 1914, for a copy of all tele-
grams, correspondence and documents of all kinds in any way relating to the dismissal
or suspension from duty of Dan Cormier, an officer in the life-saving station at Eastern
Harbour, Inverness County, Nova Scotia. Presented April 21, 1914. — Mr. Chlsholm
(Inverness) • Not printed.

44 (7^7). Return to Order of the House of the 16th February, 1914, for a copy of all documents
bearing on the appointment and dismissal of Ben. V. "Willett, as light keeper at Point
Duthie, Quebec, and of the appointment of James Doddridge as his successor, as well
as of those bearing on the contemplated removal of that light to Maria wharf. Pre-
sented April 21, 1914. — Mr. Marcil (Bonavenlure) Not prinVed.

44 (7ft). Return to an Order of the House of the 12th February, 1914, for a return showing the
nanies of the postmasters who have been dismissed in the County of Levis since the
montli of September, 1911 ; the number of the dismissed postmasters, since the month
of September, 1911, who have been appointed in the place of postmasters dismissed
under the late administration ; and the names of the postmasters who were dismissed
under the late administration. Presented April 22, 1914. — Mr. Bourassa. .Not printed.

44 (7i). Return to an Order of the House of the 2nd March, 1914, for a copy of all correspond-
ence, papers, documents, evidence, reports, telegrams, &c., relating to the dismissal of
John A. L. McLellan, late Light keeper at Fish Island, Prince Edward Island. Presented
April 28, 1914. — Mr. Hughes (Kings, P.E.I.) Not printed,

44 (7/). Return to an Order of the House of the 6th April, 1914, for a copy of all documents
bearing on the dismissal of Thomas Le Blanc, as postmaster of Allard, Bonaventure
County, and the appointment of his successor. Presented April 30, 1914. — Mr. Marcil
(Bonaventure) Not printed.

44 (Ik). Return to an Order of the House of the 21st April, 1913, for a copy of all letters, tele-
grams, petitions, complaints, evidence, reports and other documents relating to the dis-
missal of William E. Ehler, Dightkeeper, Queensport, N.S.. also a detailed statement of
the expenses connected with the investigation, distinguishing the allowance paid the
commissioner from travelling expenses and witness fees ; and of all papers connected
with the appointment of Mr. Ehler's successor. Presented May 5, 1914. — Mr. Sinclair.

Not printed.

44 C7/). Return to an Order of the House of the 2nd March, 1914, for a copy of all letters,
petitions, telegrams, evidence, reports, papers ami documents in the possession of the
Post Office Department, or any other Depaitment. relating to the dismissal of Samuel
Dickson, postmaster at Seaforth, Ontario, and if there was an investigation, the names
of the investigator and witnesses, with a copy of the evidence and of all letters, papers,
petitions, recommendations, or other documents connected with the appointment of Mr.
Dickson's successor. Presented May 8, 1914. — Mr. Ross Not printed.

39

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (7w). Return to an Order of the House of the 6th April, 1914, for a copy of all petitions,
letters, complaints and other documents relating to the dismissal of Charles McPherson,
postmaster at North Riverside, County of Guysborough, N.S., and of all recommenda-
tions and correspondence relating to the appointment of his successor ; also a copy of
all evidence and of the report of the investi^ration, if any, and a statement of the
expenses of said investigation. Presented May 8, 1914. — Mr. Sinclair Not printed.

44 (7n). Return to an Order of the House of the 9th March, 1914, for a copy of all letters, tele-
grams, petitions, notes of evidence, charges, if any, and other papers and documents
relating to the dismissal of Christian L. Ehler, postmaster at Queensport, N.S., and of
all correspondence, petitions and other papers and documents relating to the appoint-
ment of his successor, with a detailed statement of the expenses of the said investiga-
tion, if any. Presented May 11, 1914. — Mr. Sinclair Not printed.

44 (7o). Return to an Order of the House of the 12th March, 1914, for a return showing: —

1. Whether Christian L. Ehler, postmaster at Queensport, N.S., has been dismissed ;
and if so, when?

2. Whether the charges against this postmaster were in writing, and by whom the
said charges were signed?

■^ 3. What the charges were?

4. Who conducted the investigation, if any?

5. Whether the investigation took place after the dismissal or before?

6. ^Whether the commissioner recommended the dismissal of this postmaster?

7. The names of Rie witnesses examined?

8. The expense of the investigation in detail?

9. If the Postmaster General is of the opinion that the evidence taken at the
Investigation justified this dismissal? Presented May 11, 1914. — Mr. Sinclair.

Not printed.

44 (72^). Return to an Order of the House of the 19th February, 1913, for a copy of all letters,
petitions, telegrams, complaints, findings, reports and other papers in the possession of
the Post Office Department, or any Department of the Government, relating to the dis-
missal or discharge of James White, postmaster at Sidney, British Columbia, and if
there was an investigation, the names of the witnesses examined and a detailed state-
ment of the expenses of such investigation ; also of all letters, telegrams, recommenda-
tons and other papers connected with the appointment of his successor. Presented
May 11, 1914. — Mr. Sinclair Not printed.

44 (7qf). Return to an Order of the House of the 9th March, 1914, for a copy of the petition,
recommendations and other correspondence relating to the change in the location of the
post office at Mount St. Patrick in South Renfrew, and the dismissal of the postmaster.
Presented May 11, 1914. — Mr. Graham Not printed.

44 (7r). Return to an Order of the House of the 16th February, 1914, for a copy of all docu-
ments bearing on the dismissal of the officer in charge of the Port Daniel West, Quebec,
lobster hatchery, Edward Dea, and on the appointment of his successor. Presented
May 15, 1914. — Mr. Marcil (Bonaventure) Not primed.

44: (7s)- Return to an Order of the House of the 20th April, 1914, for a copy of all correspond-
ence in connection with the dismissal of A. C. Cameron of Fairlight, Saskatchewan,
from his position as mail contractor. Presented May 16, 1914. — Mr. Turriff.

Not prlv.led.

4c^ (7t)- Return to an Order of the House of the 16th March, 1914, for a copy of all charges,
CO respondence, letters, petitions, telegrams and other documents relatin-g to the dis-
missal of Mr. Geo. F. Payne, postmaster at Granby, Shefford County, Quebec, and of
the appointment of his successor, Mr. J. L,. Dozois. N.P., and also of the transfer of the
said office from the one to the other, together with a copy of the evidence taken at
all investigations held in connection with the said dismissal, appointment and transfer,
and of -the reports of said investigations. Presented May 16, 1914. — Mr. Boivin.

Not printed.

44 (7m). Return to an Order of the House of the 30th March, 1914, for a return showing tlie
names of the postmasters who have been dismissed from the office since 1900, in the
County of Portneuf, the number of investigations and the names of those whose cases
were investigated. Presented May 16, 1914. — Mr. Delisle Not printed.

44 (7v). Return to an Order of the House of the 23rd March, 1914, for a copy of all letters,
t'llegrams, correspondence, complaints and protests on file, reefrring to the dismissal of
the late postmaster at Havre Boucher, N.S., and to the appointment of a successor.
Presented May 16, 1914. — Mr. Chisholm (Antigonish) Not printed.

44 (7w). Return to an Order ,of the House of the 6th April, 1914, for a copy of all documents,
investigations, reports and letters, concerning the dismissal of William Campbell, light
keeper on the wharf at New Richmond, Quebec, and the appointment of James Robert-
son as his successor ; together with a copy of recommendations and the letters respect-
ing the appointment, if any. Presented May 29, 1914. — Mr. Marcil (Bonaventure).

Not printed.
40

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

44 (7a:). Supplementary Return to an Order of the House of the 2nd February, 1914, for a
return showine: in detail the number of dismissals from public offices and positions of
employment by the present Government since the first day of February, 1913, to date,
in the County of Westmorland, New Brunswick, in connection with any of the Depart-
ments of the Public Service, except the Post Office Department, together with the
names of the dismissed officials or employees, the reasons for their respective dismissal,
the complaints or charges against them, and by whom made ; together with a copy of all
correspondence, letters, telegrams and other communications with respect to each such
case of dismissal and of all minutes of evidence of investigations where any such were
held and of all reports relating to such dismissals now in the possession of any of the
departments of the Government, or of the Government Railway Managing Board, or of
the olTic'als of the Intercolonial and the Prince Edward Island Railways; also the names
of all parties appointed to fill the vacancies caused by such dismissals, and the names
of the persons by whom the same have been respectively recommended for appointment ;
together with a detailed statement of all amounts and expenses paid by any department
in connection with the said dismissals and investigations or removals from office. Pre-
sented June 2, 1914. — Mr. Emmerson Not printed.

44 (72/). Return to an Order of the House of the 14th April, 1913, for a return showing the
detail and number of dismissals from public offices in the Department of Marine and
Pishei'ies from December 5, 1912, to this date, in the County of Bonaventure, the names
of the disra'ssed occupants, the reasons for their dismissal, the complaints against such
officials, and a copy of all correspondence with respect to the same, and of all reports
of investigations, where such were held ; as well as a list of the new appointments made
by the department, with names, residence, salaries and duties, and a copy of all recom-
mendations of such appointments. Presented June 2, 1914. — Mr. Marcil (Bonaventure).

Not printed.

44 (72). Return to an Order of the House of the 4th May, 1914, for a copy of-a,ll complaints
and other documents bearing upon the dismissal of J. R. Denison as postmaster of Rich-
mond, Quebec, and the appointment of his successor. Presented June 2, 1914. Mr.

Tohin Not printed.

44 (8rt). Return to an Order of the House of the 4th May, 1914, for a copy of all correspond-
ence exchanged by and with the Department of Inland Revenue and the late J. G.
Mousseau and A. M. Coldwell, New Carlisle. Quebec, and David Champoux, Campbell-
ten, N.B., or Restigouche, Quebec, in connection with the dismissal of Arthur B. Cald-
well, Assistant Inspector of Weights and Measures, District of Quebec. Presented June
8, 1914. — Mr. Marcil Not printed.

44 (8b). Supplementary Return to an Order of the House of the 3rd March. 1913, for a return
showing in detail the number of dismissals from public offices and positions of employ-
ment by the present Government since the 11th day of October, 1911, to this date, in
the County of Annapolis, Nova Scotia, in connection with any of the department!?' of
the public service, but not including cases in which orders have already passed together
with the names of the dismissed officials or employees, the reason for their respective
dismissals, the complaints or charges against them, and by whom made ; together with
a copy of all correspondence, letters, telegrams and other communications with respect
to each sucli case of dismissal, and of all minutes of evidence of investigations, where
any such were held, and of all reports relating to such dismissals now in the possession
of any of the departments of the government ; also the names of all parties appointed
to fill vacancies caused by such dismissals, and the names of the persons by whom the
same have been respectively recommended for appointment ; together with a detailed
statement of all amounts and expenses paid by any department in connection with the
said dismissals and investigations or removals from office. Presented June S, 1914. —
Mr. Chishohn (Antigonish) ; Not printed.

44 (8c). Partial Return to an Order of the House of the 18th February, 1914, for a copy of all
charges, complaints, memorials, correspondence and telegrams, not already produced,
relating to officials in any department of the Government since October 10, 1911, the
number of officials dismissed, reports of investigations held in respect of such charges,
items of expenditure and cost of each investigation, the names of persons appointed to
office in the place of dismissed officials, and of all recommendations received in behalf
of persons so appointed in the Province of Prince Edward Island. Presented June 12,
1914. — Mr. Hughes {Rings, P.E.I.) Not printed.

44 (8ri)- Return to an Order of the House of the 1st June, 1914, for a copy of all charges and
complaints, letters, telegrams and correspondence respecting the dismissal of Captain
Jeremiah Decoste, mate and craneman, employed on dredge No. 6 under Captain Dan
Gillis duting the season of 1912, and of all representations made and correspondence
had with the Department of Public Works, or any officer thereof regarding his
re-instatement. Presented June 12, 1914. — Mr. Chisholm (Antigonish) . . . .Not printed.

45. Return to an Order of the House of the 12th May, 1913, for a copy of all communications
made by the Canadian Forestry Association to the Government between March 31, 1912,
and March 31, 1913, with the replies made thereto. Presented January 19, 1914. — Mr.
Oliver Not printed.

41

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2B— Continued.

46. Return to an Order of the House of the 16th January, 1913, for a return showing the num-

ber of bushels of grain and sacks or barrels of flour which were shipped from Fort
William and Port Arthur by vessel during 1912, and the different kinds of grain respec-
tively ; to what points were the same shipped in Canada and the United States giving
quantities and kinds respectively, and at what points in Canada was grain or flour
received by vessel from the United States, giving the quantities and kinds respectively.
I'rcsented January 19, 1914. — Mr. Bennett (Simcoe) Not printed.

47. Return to an Order of the House of the 7th May, 1913, for a copy of the report concerning

Indian Titles which was presented to the Superintendent General of Indian Affairs
under date of August 20. 1909. Presented January 19, 1914. — Mr. Thompson {Yukon).

Not printed.

48. Copy of Order in Council No. P. C. 3002, dated 29th November. 1913, in respect to Pensions

or Gratuities to officers of the Royal Canadian Navy, in accordance with section 47 of
the Naval Service Act, 1910. Presented by Hon. Mr. Hazen. January 19, 1913.

Not printed.

49. Return to an Order of the House of the 26th May, 1913, for a copy of all telegrams, letters,

&c.. from the Department of Customs sent to or received from John C. Bourinot, Port
HawUesbury, customs officer, during the years 1895-6-7. Presented January 19, 1914.
— Mr. Chisholm (Inverness) Not printed.

49a. .Return to an Order of the House of the 26th May, 1913, for a return showing a complete
list of the seizures made by John C. Bourinot, during his incumbency as acting jjreven-
tive officer from lSS4tolSS6; also during his term of office as Collector of Customs for
the Port of Hawkesbury from 18S6 to 1898, also during his term of office of special
officer of customs from 1898 to 1912 ; with the date of each seizure, number of each
seizure, name of party from whom seizure was made, in case of vessels, the names of
the vessels ; also the names of the owners of such vessels, the amount of each seizure,
name of port where seizure was made, and the amount of the seizures made by him
from 1884 to May 1, 1912, for the whole Province of Nova Scotia. Pi-esented January
19, 1914. — Mr. Chisholm {Inverness) Not printed.

50. Statement of Governor General's Warrants issued since the last session of parliament on

account of 1913-14. Presented by Hon. Mr. White, January 19, 1914 Not printed.

51. Statement in pursuance of Section 17 of the Civil Service Insurance Act, for the year ending

March 31, 1913. Presented by Hon. Mr. White, January 19, 1914 Not printed.

52. Statement of Superannuation and Retiring Allowances in the Civil Service during the year

ending December 31, 1913, showing name, rank, salary, service, allowance and cause of
retirement of each person superannuated or retired, also whether vacancy is filled by
promotion or by appointment, and salary of any new appointee. Presented by Hon.
Mr. White, January 19, 1914 Not printed.

53. Statement of Receipts and Expenditures of the Ottawa Improvement Commission to March

31, 1913. Presented by Hon. Mr. White, January 19, 1914 ....Not printed.

54. Statement of expenditure on account of " Miscellaneous Unforeseen Expenses," from the 1st

April, 1913, to the 14th January, 1914, in accordance with the Appropriation Act of
1912. Presented by Hon. Mr. White, January 19, 1914 Not printed.

55. Statement of the affairs of the Royal Society of Canada, for the year ended April 30, 1913.

Presented by Hon. Mr. White, January 19, 1914 Not printed.

56. Statement of Temporary Loans since March 31, 1913. Presented by Hon. Mr. White,

January 19, 1914. '. Not printed.

57. Statement of Treasury Bills discounted since March 31, 1913. Presented by Hon. Mr.

White, January 19, 1914 Not printed.

58. Certified List of Shareholders of the Montreal City and District Savings Bank, and La

Caisse D'Economie de Notre Dame de Quebec, as on the 31st December, 1913. Pre-
sented by Hon. Mr. White, January 19, 1914 Not printed.

59. Copies of General Orders promulgated to the militia for the period between November 18,

1912, and November 25, 1913. Presented by Hon. Mr. Hughes, January 19, 1914.

Not printed.

60. Return to an Order of the House of the 30th April, 1913, for a copy of the report made by

the Inquiring Commissioner, Mr. J. H. Bergeron, in the inquiry lately held by him, at
Quebec, re Doctor J. D. Page, of Quebec ,and of the reports made by the advocate of
the complainant and defendant in the same cause at the request of the Inquiring Com-
missioner. Presented January 20, 1914. — Mr. Boulay Not printed.

61. Return to an Order of the House of the 26th March, 1913, for a copy of all petitions,

reports, recommendations, correspondence, letters, telegrams and other communications
concerning the east half of section 36, in township 6, range 8, west of the fourth meri-
dian. Presented January 20, 1914. — Mr. Buchanan Not printed.

42

4-5 George V. Alphabetical Index to Seseioaal Papers. A. 1914

C0NTE:*TS of volume 2S— Continued.

Qia. Return to an Order of the House of the 24th February, 1913, for a copy of all memoranda,
letters, papers, or other documents in the possession of the Department of the Interior
relating to the N.W. I of 8-49-23-4, and the S.W. J of 7-49-28-4. Presented January
20, 1914. — Mr. Oliver Not printed.

62. Return to an Order of the House of the 22nd January, 1913, for a copy of all correspond-
ence, &c., exchanged between the Minister of Labour and the Canadian Pacific Railway
strikers on their application for a Board of Conciliation and Investigation. Presented
January 20, 1914. — Mr. Leniieux Not printed.

Q3. By-laws of the Moravian Indians of the Thames and Regulations of the Abenakis Indians
of St. Francis, approved by His Excellency the Administrator in Council on the 27th
March, 1913, and the 21st April, 1913, respectively. Presented by Hon. Mr. Coderre,
January 20, 1914 Not printed.

64. General Rules and Orders of the Exchequer Court of Canada made, respectively, on the 24th

September, 1913, and the 13th December, 1913. Presented by Hon. Mr. Coderre,
January 20, 1914. '. Not printed.

65. Regulations under " The Destructive Insect and Pest Act." — {Senate) Not printed.

66. Remission of Duties and refund under Section 92, Audit Act. — {Senate) Not printed.

67. Return to an Order of the House of the 19th May, 1913, for a return showing a compar-

ative and detailed statement of costs of production, maintenance, operation, and man-
agement, and receipts of the Dog Fish Reduction Works at Clark's Harbour, N.S., for
the years 1910, 1911 and 1912. Presented January 21, 1914. — Mr. Maclean {Halifax).

Not printed.

68. Return to an Order of the House of the 21st May, 1913, for a copy of all papers, letters,

documents, contracts, settlements, records of settlements, and all other papers and docu-
ments in any way relating to the claim of the Rainy River Navigation Company against
the Government, arising out of a subsidy agreement for the operation of certain boats
between Fort Frances and Kenora for the season of 1911, or in connection with the
settlement of the said claim, or of the said subsidy. Presented January 21, 1914. —
Mr. Maclean ( York) Not printed.

69. Return to an Order of the House of the 31st March, 1913, for a copy of all correspondence,

letters, telegrams, reports, recommendations, certificates, and of all other documents
relating to the appointment of Mr. J. S. Jackson as superintendent of the Government
shipyards at St. Joseph de Sorel. Presented January 22, 1914. — Mr. Cardin.

Not printed.

70. Return to an Order of the House of the 29th January, 1913, for a copy of all letters, peti-

tioijs, telegrams, complaints, reports, bonds of indemnity, and all other papers and docu-
ments in the possession of the Post Office Department, or any department of the Gov-
ernment, relating to the letting of a contract for carrying the mails between Sherbrooke,
County of Guysborough, N.S., and Moser's River, County of Halifax, N.S., during the
years 1911 and 1912. presented January 22, 1914. — Mr. Sinclair Not printed.

70a. Return to an Order of the House of the 29th January, 1913, for a copy of all letters, and
other documents relating to the mail contract between Scotsburn Station and West
Branch, River John, County of Pictou, in the year 1912. Presented January 22, 1914.
— Mr. Macdonald Not printed.

70b- Return to an Order of the House of the 2nd April, 1913, for a copy of all correspondence,
reports and other documents relative to the mail contract between Scotsburn and West
Branch, River J/olin, Pictou County, since October 1, 1911. Presented January 22, 1914.
— Mr. Macdonald Not printed.

70c. Return to an Order of the House of the 10th December, 1912, for a return showing (a)
each mail contract awarded since the 15th of October, 1911; (b) the name of the
tenderer in each case; (c) the figures of each tender; and (d) the name of each
party to whom such contract has been awarded. Presented January 22, 1914. — Mr.
Lemieux Not printed.'

70d- Return to an Order of the House of the 15th January, 1913, for a return showing a list of
the mail carriers whose contra<;ts have been cancelled or renewed by the pre-
sent Government in the County of Two Mountains, the names of such persons, the
reasons for cancelling or renewing the said contracts, the former price and the pre-
sent price of the said contracts ; also a copy of all correspondence relating to the said
mail carriers. Presented January 22, 1914. — Mr. Ethier Not printed.

70e. Return to an Order of the House of the 9th December, 1912, for a return showing all the
mail contracts made between the Post Office Department of Canada and any party or
parties, and cancelled before the maturity thereof from October 15, 1911, to the 15th of
November, 1912, designating such cancelled mail contracts by giving the name of the
contractor, the amount of the contract, the period of the unexpired service, the name
of the di-strict or districts, and the county and province wherein the service was per-
'formea, together with the reasons for such cancellation. Presented February 12, 1914.
— Mr. Maclean {Hixlifax) Not printed.

43

4-5 George V. Alphab&tical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 28— Co?i^m«eJ.

70/- Return to an Order of the House of the 29th January, 1913, for a copy of all papers, and
dccuments of every nature and kind relating to a certain mail contract between Back
Shore and Pictou, County of Pictou, since the death of the late contractor D. G. McKay,
in 1912. Presented February 20, 1914. — Mr. Macdonald Not printed.

700- Return to an Order of the House of the 14th April, 1913, for a copy of the contract

between the Post Office Department and Napoleon Le Blanc, for the carrying of the
mai's between Carleton Centre and Carleton, Quebec, Railway Station, and of all
coiiespondence, petitions, and other letters bearing on the cancelling of that contract
and the awarding of a new one, with a copy of said new contract. Presented February
23, 1914. — Mr. Marcil (Bonaventure) Not printed.

•yO^' Return to an Order of the House of the 2nd April, 1913, for a copy of all papers relating
to the mail contract from Noel to Walton, County of Hants, during the present year.
Presented February 26, 1914. — Mr. Macdonald Not printed.

70*- Return to an Order of the House of the 12th May, 1913, for a copy of all tenders for, and
correspondence relating to, the awarding of the contract for the carrying of His
Majesty's mail between Warkworth and Colborne, County of Northumberland. Pre-
sented February 26, 1914. — Mr. Graham Not printed.

'70J. Return to an Order of the House of the 12th May, 1913, for a copy of all correspondence,
papers, &c., in connection with the carrying of the mail between St. Frangois Xavier de
Brompton and Windsor Mills, Quebec. Presented February 26, 1914. — Mr. Tol)in.

Not printed.

70fc. Return to an Order of the House of the 17th February, 1913, for a return showing the
number of mail contracts cancelled in the Province of Nova Scotia since October 10,
1911, tlie names of the contractors, the prices paid to them, the reason for the can-
cellation in each case, and a copy of any investigations and reports had into the causes
of such cancellations, the names of the new contractors and the prices paid to them in
each case. Presented March 2, 1914.- — Mr. Sinclair Not printed.

701- Return to an Order of the House of the 4th December, 1912, for a return showing the

number of mail contracts cancelled in the County of Pictou since the 1st of October,
1911 ; the names of the contractors, the prices paid to them, the reason for the can-
oe.lation in each case ; and a copy of any investigations and reports had into the causes
of such cancellations, the names of the new contractors and the prices paid to th"m in
each case. Presented March 2, 1914. — Mr. Macdonald Not printed.

70w- Return to an Order of the House of -the 31st March, 1913, for a copy of all tenders
received and of all letters, telegrams, papers and other documents relating to the mail
contract betweej) Tatamagcuche and Brule Shore, Colchester County, during the pre-
sent year. Presented March 2, 1914. — Mr. Macdonald Not printed.

*(lOn. Return to an Order of the House of the 9th December, 1912, for a copy of"all letters, tele-
grams and correspondence referring to the tenders received and the contracts awarded,
if any, for the carrying of the mails between Antigonish and Livingstone Cove. Pre-
sente:! March 5, 1914. — Mr. Chishohn (Antirjonish) Not printed.

70o- Return to an Order of the House of the 19th May, 1913, for a copy of all telegrams and
correspondence on file relating to the mail service between Antigonish and Livingstone
Cove, and of the tenders received, and the contract entered into for this service. Pre-
s:nted March 12, 1914. — Mr. Chishohn (Antigonish) Not printed.

IOP- Return to an Address to His Excellency the Administrator of the 2Sth April, 1913, for a
copy of all documents, tenders, contracts, correspondence, orders in council, &c., in
reference to the mail service between Bridgetown, Port Lome and Hampton, Parker's
Cove, Annapolis County, N.S., for which service tenders were recently solicited. Pre-
sented March 12, 1914. — Mr. Maclean (Halifax) Not printed.

709- Return to an Order of the House of the 9th February, 1914, for a copy of the advertise-
ment for tenders, and of the tenders received, and of the contract awarded last year,
for the carryin.g of the mails between Antigonish and Jjivingstone Cove, and of all
letters, te egrams, correspondence and documents in any way relating thereto. Pre-
sented March 12, 1914. — Mr. Chisholm (Anticionish) Not printed.

'70r. Return to an Order of the House of the 2nd February, 1914, for a return showing the
names of all persons tendering, the amount of tender, and to whoin awarded in 1913,
for the carriage of mails covering the following mail routes in Shelburne County, Nova
Scotia ; Shelburne to Jordan Bay and Jordan Ferry and return ; Clyde River to Upper
Clyde and return ; l/ower Woods Harbour to Charlesville and return ; Port Le Herbert
to Sable River. Presented March 20, 1914. — Mr. Maclean (Halifax) Not printed.

70s. Return to an Order of the House of the 9th February, 1914, for a copy of all tenders, con-
tracts, documents, papers and correspondence in connection with tenders and contracts
for the carriage of mails between Bridgetown and Port Lome, Hampton and Parker's
Cove, in 1912. Presented March 20, l^/ll. — Mr. Maclean (Halifax) Not printed.

4A:

4-5 George V. Alphabetical ludex to Sessional Papers, A. 1914

CONTENTS OF VOLUME 2S— Continued.

70t. Return to an Order of the House of the 9th February, 1914, for a copy of the contract
entered into last year for the carrying of the mails between North Lochaber and Col-
legeville, and of all letters, telegrams, and correspondence referring to said service and
the awarding of said contract. Presented March 23, 1914. — Mr. Chisholm (^Antigonish).

Not printed.

70u. Return to an Order of the House of the 9th February, 1914, for a copy of the advertise-
ment for tenders, and of the tenders received last year for the carrying of the mails
between Merigomish and Malignant Cove, and of all letters, telegrams and correspond-
ence and documents in any way relating thereto. Presented March 25, 1914. — Mr.
Chisholm (Antigonish) Not printed.

'ZQv. Return to an Order of the House of the 19th March, 1914, for a return showing how many
mail contracts have been cancelled in the County of Inverness from September, 1911,
up to date.

2. The route of each contract, the name of the contractor, and the amount of each
contract.

3. The reasons for cancelling the several contracts. Presented April 22, 1914. —
Mr. Chisholm (Inverness) 2Vot printed.

'JQw. Return to an Order of the House of the 30th March, 1914, for a copy of all letters, tele-
grams, correspondence, guarantee bonds, and other documents and security relating to
the renewal of the contract with George A. Stewait for carrying mail between North
Lochabtr and West Lochaber, in or about the month of May, 1913, of the subsequent
cancellation of said renewal contract, and of the contract made with Hugh D. Cameron
for said service. Presented April 29, 1914. — Mr. Chisholm (Antigonish) . .Not printed.

702;. Return to an Order of the House of the 4th March, 1914, for a copy of all correspondence,
telegrams and papers generally concerning the increased railway mail subsidy recently
agreed upon by the Postmaster General and the various railway companies. Presented
April 30, 1914. — Mr. Lemicux Not printed.

703/- Return to an Order of the House of the 4th May, 1914, for a return showing the names
of the 82 tenderers for the carrying of the mails between Baie St. Paul and Murray
Bay, County of Charlevoix, and the amount of the tender in each case. Presented May
8, 1914. — Mr. Lemieux. Not printed.

70«- Retun to an Order of the House of the 20th April, 1914, for a copy of all letters, papers,
contracts, memoranda and other documents relative to the mail contract between
Pictou post office and railway station,- between the Post Office Department and Peter
Foley. Presented May 8, 1914. — Mr. Macdonald Not printed.

70 (2a. Return to an Order of the House of the 23rd March, 1914, for a copy of all documents,
letters, recommendations, &c., in connection with a contract awarded to Christophe
Lavesque, of St. Eleuthere, for the corveyance of the mail bet\Tieen St. Eleuthere and
Sully. Presented May 11, 1914. — Mr. L<ipointe (Kamoiiraska) Not printed.

70 (2b). Return to an Order of the House of the 11th May, 1914, for a return showing: — ■

1. Whether Mr. David Armstrong, mail carrier of the City of Sherbrooke, has
been dismissed. If so, for what cause?

2. Whether an investigation was held at which he was given an opportunity of
meeting his accusers and being heard in his own defence?

3. How many years Mr. Armstrong has been in the service?

4. What remuneration he was receiving for his services?

5. Whether a successor has been appointed? If so, what his name is, who recom-
mended him and what remuneration he received. Presented May 28, 1914. — Mr.
McCrca Not printed.

70 (2c). Return to an Order of the House of the ISth May, 1914, for a copy of all correspond-
ence, papers, tenders and other documents in any way referring to the transfer from
.T. A. Campbell to Alexander Macdonnell of the contract for carrying the mail from
Port Hood to South West Port Hood. Presented June 2, 1914. — Mr. Chisholm (Inver-
ness) Not printed.

70 (2rf)- Return to an Order of the House of the 17th February, 1913, for a return in duplicate
showing the number of mail contracts cancelled in the Counties of Westmorland, Albert,
Kings and Kent, Province of New Brunswick, since October 9, 1911, the names of the
conti actors, the prices paid to them, the reason for the cancellation in each case, and
a copy of any investigations and reports had into the causes of such cancellations, the
names of the new contractors, and the prices paid to them in each case ; and in cases
where tenders were asked and received preliminary to such new contracts, a statement
in duplicate showing names of the tenderers, with the offers made by each, the name
of the successful tenderer, and the amount or price, for which contract was executed in
each case ; together with a copy in duplicate of all letters, correspondence and other
communications relating to each such cancellation and the giving of any new contract.
Presented June 2, 1914. — Mr. Emmerson Not printed.

45

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

71. Return to an Order of the House of the 2nd June, 1913, for a copy of all correspondence

and telegrams relating to complaints, political or otherwise, made against Mrs. Mar-
celline Roy, postmistress at Elm Tree, Gloucester County, N.B., which led the depart-
ment to issue an order for an investigation, and the said postmistress to tender her
resignation, and to the appointment of her successor. Presented January 22, 1914. —
Mr. Turgeon Not printed.

72. Return to an Order of the House, of the 26th March, 1913, for a copy of all petitions

recommendations, correspondence, letters, telegrams and other communications concern-
ing the change in location of the post office known as Masinasin, Province of Alberta.
Presented January 22, 1914. — Mr. Buchanan Not printed.

73. Return to an Order of the House of the 31st March, 1913, for a copy of all letters, tele-

grams and petitions concerning the closing of the Moulin Basinet post office, Parish of
St. Jean de Matha, County of Joliette. Presented January 22, 1914. — Mr. Lemieux.

Not printed.

74. Return to an Order of the House of the 7th April, 1913, for the production of one sample of

a patented lock and key sold by the Ontario Equipment Company of Ottawa to the Post
Office Department. Presented January 22, 1914. — Mr. Verville Not printed.

74o- Return to an Order of the House of the 2nd April, 1913, for a copy of all correspondence
between the Post Office Department and Alleyn Taschereau, advocate of Quebec, con-
cerning the purchase of new locks for the mail bags. Presented January 22, 1914. —
Mr. Carvell Not printed.

74b. Return to an Order of the House of the 4th March, 1914, for a copy of the application,
correspondence and papers generally concerning mail lock patent No. 151043. Pre-
sented May 11, 1914. — Mr. Lemieux Not printed.

75. Return to an Order of the House of the 10th February, 1913, for a copy of all letters, tele-

grams and other correspondence exchanged between the Post Office Department and
Messrs. A. de Macdonald, Elzear Monpetit and all others, relating to the change of the
postmasters at He Perrot North and He Perrot South, Vaudreuil Station, Roquebrune,
St. Lazare Village, Mount Oscar and Pte. Fortune, and of the report of the inquiring
commissioner in each of the cases in which an inquiry was held ; of the correspondence
exchanged between the parties above named relative to the new post office building at
Rigaud and of correspondence exchanged between the parties above mentioned, relating
to the post offices lately named Choisy and Demartigny. Presented January 22, 1914. —
Mr. Boyer Not printed.

750. Return to an Order of the House of the 9th April, 1913, for a copy of all documents bear-
ing on changes asked for in the postmastership of Port Daniel Centre, Avignon, New
Richmond and Black Cape, Bonaventure County ; and of all documents bearing on the
closing of Black Cape East post office, Bonaventure County. Presented January 22,
1914. — Mr. Marcil Not printed.

75b. Return to an Order of the House of the 2nd February, 1914, for a copy of all letters, tele-
grams, papers, and other documents connected with the removal of the post office from
the store of Alexander Robertson at Red Point, P.E.I. , to the store of J. E. Robertson
of the same place. Presented February 20, 1914. — Mr. Hughes (P.E.I.) . .Not printed.

75c. Return to an Order of the House of the 16th February, 1914, for a copy of any complaints
made against John A. Campbell, postmaster of New Richmond, Quebec, and of all corre-
spondence bearing on any change called for in that office. Presented March 17, 1914. —
Mr. Marcil {Bonaventure) Not printed.

76. Return to an Order of the House of the 7th May, 1913, for a copy of all correspondence and

telegrams exchanged between the Post Office Department, the Government or any mem-
ber thereof, the post office inspector at St. John, N.B., or any official of the Post Office
Department at St. John, N.B., on the one hand, and the postmaster at Kouchibouguac,
Kent County, N.B., Mr. Cliff Atkinson, or any other person, corporation or firms, relating
to the sale or non-purchase of postage stamps, or the mailing of letters, delivery of
mail, &c., at the said post office; together with a copy of all correspondence, reports
and other papers and documents in any wise relating thereto, on file in the Post Office
Department at Ottawa, or in the office of the post office inspector at St. John, N.B. ;
also a ropy of all regulations or orders of the Post Office Department relating to the
sale of postage stamps, or the mailing of letters, or the delivery of mails, or generally
as to the use of post office by residents and non-residents. Presented January 22,
1914. — Mr. Emmerson Not printed.

77. Return to an Order of the House of the 2nd June, 1913, for a return showing the names,

dates of appointment and salary respectively, of the employees of the Moosejaw post
office. Presented January 22, 1914. — Mr. Knowles Not printed.

770. Return to an Order of the House of the 24th February, 1913, for a copy of all letters,
telegrams, recommendations, petitions and documents, relating to the appointment of
Mr. Pierre Cournoyer as postmaster at St. Pierre de Sorel, County of Richelieu. Pre-
sented January 22, 1914. — Mr. Cardin Not printed.

46

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 28— Continued.

776. Return to an Order of the House of the I4th April, 1913, for a return showing what public
officers have been appointed in the City of Qubeec, in the Departments of Inland Revenue,
Post Office, Railways and the Transcontinental, Customs, Immigration, Marine and Fish-
eries, Public Works and Militia, since the 1st October, 1911, up to this date; together
with the names and duties of these persons, the dates of their appointment, the salary
paid in each case and the increases granted since ; also the date of these increases, and
which ones of these officers have passed the Civil Service examinations required for the
positions which they occupy, and on what dates they passed such examinations ; and
also a copy of all correspondence, requests, recommendations and reports relating to
the appointment of these officers. Presented January 22, 1914. — Mr. Lachance.

Not printed.

TJc. Return to an Order of the House of the 29th January, 1913, for a copy of all letters, peti-
tions, telegrams, complaints, evidence, reports and other papers and documents in the
possession of the Department of Railways and Canals, or of the Intercolonial Railway,
or of the Government Railways Managing Board, relating or in any manner appertain-
ing to the appointment and employment of train or ticket agents on the Intercolonial
Railway and Prince Edward Island Railway, together with a copy of all statements
showing the amounts received by said agent, in cash and tickets, on the trains of the
respective divisions of said railways ; and also showing the amounts received during
corresponding periods for the past two years, in cash and tickets, on the same trains
on the said respective divisions by the conductors of said trains, when no train or
ticket agents were employed thereon, either before or since the employment of such
agents on the respective trains and also a copy of all statements showing the results of
the experiment in employing such ticket agents. Presented January 22, 1914. — Mr.
Emmcrson Not printed.

77d. Partial Return to an Order of the House of the 9th December, 1912, for a return showing
when Mr. J. G. H. Bergeron was appointed commissioner to hold investigations, the
number of investigations held since his appointment, salary received in each case and
the amount paid for travelling expenses in each case. Presented January 22, 1914. —
irlr. Lem-ieux Not printed.

77e. Return to an Address to His Royal Highness the Governor General of the 29th January,
1913, for a copy of all orders in council, memoranda or instructions issued to or written
to H. P. Duchemin in connection with his appointment as a commissioner to coHduot
investigations regarding political partisanship in the Province of Nova Scotia ; also a
copy of all letters received by any department of the Government from tlie said H. P.
Duchemin relating to such investigations since the date of his appointment as such
commissioner, and all instructions of whatever nature at any time issued to h4m relat-
ing to such investigations. Presented January 22, 1914. — Mr. Lemieux . . . .Not printed.

77/. Appointment of F. Roy, as postmaster of St. Phillipe de Nery, &c., Province of Quebec.
Presented January 22, 1914. — Mr. Lapointe (Kamouraska) Not printed.

TJg. Supplementary Return to an Order of the House of the 9th December, 1912, for a return
showing when Mr. J. G. H. Bergeron was appointed commissioner to hold investigations,
the number of investigations held since his appointment, salary received in each case
and the amount paid for travelling expenses in each case. Presented February 23, 1914.
— -Mr. Lemieux Not printed.

77^. Return to an Order of the House of the 9th February, 1914, for a copy of all correspond-
ence, telegrams, and other documents, relating to the removal of Ti J. Oliver, as
Dominion Lands Agent at Humboldt, Saskatchewan, his appointment to his present posi-
tion, and the appointment of his successor at Humboldt. Presented March 6, 1914. —
Mr. Neely Not printed.

77i. Return to an Order of the House of the 9th February, 1914, for a copy of all correspond-
ence, telegrams, letters of instructions, or other documents relating to the removal of
W. S. McKechnie, as Dominion Dands Agent at Prince Albert, Saskatchewan, and the
appointment of his successor. Presented March 6, 1914. — Mr. Neely Not printed.

77J. Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-
ence, telegrams and papers generally in connection with the appointment of Joseph
Lemieux as postmaster at Mont Louis. County of Gaspe. Presented March 6, 1914.—
Mr. Lemieux Not printed.

77fc. Return to an Order of the House of the 7th April, 1913, for a copy of all correspondence,
telegrams, petitions, affidavits, complaints, certificates, recommendations, reports and
other documents relating to the engagement and appointment for the year 1913,- of the
captains and first and second engineers for dredging machines Nos. 1, 2, 3, 4, 5, 6, 7, 8,
», 10 and 11 of the Depaj-tment of Marine and Fisheries, under the control of the agency
at Sorel, and empi.oyed in the deepening of the St. Lawrence below Montreal. Return
to an Order of the House of the 7th April, 1913, for a copy of all correspondence, tele-
grams, petitions, affidavits, complaints, certificates, reconnnendations, reports and other
documents, relating to the engasjement and appointment of the captains and engineers
for the year 1913, for the tugs Carmelia, Cfuimbly, Contrecoeur ,De Levis, Emilia, Iber-
ville, James Hoiwien, Jesse Hume, Lac St. Pierre, Lnnorade, Lotbiniere, Portneuf,
Varennes and Vereheres, of the Department of Marine and Fisheries under the control
of the agency at Sorel. Presented March 23, 1914. — Mr. Cardin Not printed.

47

4-5 George Y. Alphabetical Index to Se&sioiial Papers, A. 1914

CONTENTS OF VOLUME 2S— Continued.

TJl. Return to an Order of the House of the 23rd March, 1914, for a return showing: —

1. How many additional employees have been added to the Customs Department
in the City of Halifax, since October 10, 1911.

2. Their names and salaries at the tjme of their appointment, their respective
salaries at present, and also their respective ages at the time of appointment.

3. Whether all of them passed the necessary Civil Service examinations for the
Customs service.

4. How many temporary clerks there are upon the said Customs staff, who they
are, and the dates of their appointment. Presented April 2, 1914. — Mr. Maclean {Hali-
fax) Not printed.

77m. Return to an Order of the House of the 28th April, 1913, for a copy of all letters and
telegrams exchanged between the Government and Messrs. Arch. Macdonald, Elz. Mon-
petit and others, on the subject of the appointment of caretakers of the post office at
Rigaud, Messrs. Jean Baptiste Charlebois and Napoleon Vallee. Presented April 2, 1914.
— Mr. Boyer Not imnted.

77W. Return to an Order of the House of the 23rd February, 1914, for a copy of all correspond-
ence, recommendations, &c., relating to the appointment of Allan Morrison, St. Peter's,
N.S., as inspector of dwellings erected on Gregory Island, Richmond County, N.S., in
1912-1913, and of all accounts, charges, vouchers, &c., rendered to the Department of
Marine and Fisheries by the said Allan Morrison as such inspector. Presented April 7,
1914. — Mr. Kyte Not printed.

77o- Return to an Order of the House of the 9th February, 1914, for a return showing the
names, date of appointment, length of service, remuneration and office held by each of
all the employees of the Department of the Interior in the outside service since January
1, 1912, to December 31, 1913, not given in the Civil Service list of 1912 or 1913. Pre-
sented April 21, 1914. — Mr. Neely Not printed.

77P- Return to an Order of the House of the 16th April, 1914, for a return showing:—

1. How many appointments have been made in the Customs Department at Mont-
real since the 1st of October, 1911.

2. Tlie names of the persons so appointed, and the dates of their respective appoint-
ments.

3. After what recommendations have they been appointed.

4. The salary of each of these new employees.

5. What increases of salaries have been granted in the same department since the
same date, and to whom, and why. Presented April 29, 1914. — Mr. Proulx.

Not printed.

773- Return to an Order of the House of the 2nd February, 1914, for a return showing the
number of engineers, assistant engineers, draftsmen, clerks, divers, and students in
engineering or surveying, or other parties employed by the Department of Public Works
in the constituency of Bonaventure, from October 11, 1911, to date, with their names,
residences, salaries, nature of their work, time employed, and on whose recommendation,
together with a copy of all correspondence, and reports bearing on such employment,
and of reports made to the said Department of Public Works in that constituency from
January, 1913, to date. Presented April 30, 1914. — Mr. Marcil (Bonaventure).

Not printed.

77»"- Return to nn Order of the House of the 12th March, 1914, for a return showing: —

1. Whether Louis Philippe Thibault, Alphonse Poirier, J. A. Morin, C. F. Rioux,

Thomas Thibault and Adjutor Demers, of Levis, have been appointed to positions under

the control of the Postmastei General of Canada.

:'. If so, to what posit:ons they nsve been appointed, what their duties are, when

they were appointed and their salaries, respectively.

3. The names of the officers who have been dismissed and replaced by the above.

4. The total amount of the annual salaries of said dismissed officers. Presented
May 4, 1914. — Mr. Bourassa Not printed.

77s- Return to an Order of the House of the 16th March, 1914, for a copy of all recommenda-
tions, protests, petitions, and representations received by the Government or any
Department or Minister thereof, regarling the appointment of the present collector of
customs at Antigonish, and of all the letters, telegrams and correspondence relating
thereto. Pre.^ented May 15, 1914. — Mr. Chisholm {Inverness) Not printed.

77*. Return to an Order of the House of the 16th March, 1914, for a copy of all recommenda-
tions, protests, petitions, and representations received by the Governmest or any Depart-
ment or Minister thereof, regarding the appointment of the present collector of customs
at Antigonish, and of all the letters, telegrams and correspondence relating thereto.
Presented May 16, 1914. — Mr. Chisholm (Antigonish) Not printed.

77". Return to an Order of the House of the 16th February, 1914, for a copy of all papers in
connection with the employment of Arthur Dubisson as immigration agent at Gravel-
burg, Sask , and all papers in connection with the said Dubisson, showing the moneys
paid to him and the work performed by him. Presented May 30, 1914. — Mr. Knotoles.

Not printed.
48

4-5 George V.- Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

78. Return to an Order of the House of the 7th April, 1913, for a copy of all documents, recom-
- meiidations and correspondence relating to the resignation of C. A. R. Desjardins, as

pos.master at St. Andre de Kamouraska, and the appointment of his successor. Pre-
■sented January 22, 1914. — Mr. Lapointe (Kamouraska) Not printed.

78n- Return to an Order of the House of the 28th April, 1913, for a copy of all complaints or
ch ,rg;es against Fred. R. Irish, postmaster at Afton, Antigonish County, N.S., and of
all correspondence on file in reference thereto. Presented January 22, 1914. — Mr. Chis-
holm (Antioonish) Not printed.

79. Return to an Order of the House of the 29th January, 1913, for a copy of all correspond-

ence, papers, &c., concerning the application made by the Long Sault Development Com-
p.'ny. with a view to dam the St. Lawrence river above the Long Sault rapids from the
American to the Canadian side. Presented January 22, 1914. — Mr. Lemieux.

Not printed.

79a. Supplementary Return to an Order of the House of the 29th January, 1913, for a copy of
all coi-resnondence. papers, &c., concerning the application made by the Long Sault
Develoi ment Company, with a view to dam the St. Lawrence river above the Long
Sault rapids from the American to the Canadian side. Presented February 12, 1914. —
Mr. Lemieux Not printed.

80. Return to an Order of the House of the 21st April, 1913, for a return showing all leases

of water powers granted on the Winnipeg river, the dates of such leases, to whom
granted, and the location of the water powers covered by each ; together with a copy
of all correspondence passing between the Government, or any member thereof and any
person or persons, with respect to such leases. Presented January 22. 1914. — Mr.
Martin (Rerjina) Not printed.

80a. Return to an Order of the House of the 2nd April, 1913, for a return showing whether the
Government cancelled any water lot leases on the Lachine Canal and, if so, the dates
of such cancellation; the names of the lessees; length of time the cancelled leases were
in force, and the rental jjaid in each case ; the names of the lessees whose water lot
leases on the said canal have not been cancelled, and the rental paid by each ; the
basis on which rental has been calculated and the method to be followed in future ; the
reasons why some leases were cancelled and others allowed to remain in force ; and if
tenders are to be invited through the press for such water lot leases in future. Pre-
sented January 22, 1914. — Mr. Buchanan Not printed.

806. Return to an Order of the House of the 23rd April, 1913, for a' return showing all leases
or permits granted to clubs or individuals to erect or maintain boat houses on the
Rideau canal between Laurier avenue bridge and Hartwells Locks, the date of such
leases or permits, to whom granted, and the rental in each case ; together with a copy
of all correspondence between the Government, or any member thereof, and any person
or persons with respect to such leases or ^jermits and the cancellation thereof. Pre-
sented January 22, 1914. — Mr. Murphy Not printed.

80c. Supplementary Return to an Order of the House of the 2ad April, 1913, for a return show-
ing whether the Government cancelled any water lot leases on the Lachine canal and,
if so, the date of such cancellation ; the names of the lessees ; length of time the can-
cel'ed leases were in force, and the rental paid in each case; the names of the lessees
whose water lot leases on the said canal have not been cancelled, and the rental paid
by each ; the basis on which rental has been calculated and the method to be followed
in future; the reasons why some leases were cancelled and others allowed to remain
in force ; and if tenders are to be invited through the press for such water lot leases in
future. Presented March 13, 1914. — Mr. Buchanan Not printed.

SQd. Return to an Order of the House of the 23rd March, 1914. for a copy of the agreement for
a lease of water power on the Saskatchewan river at Rocky Rapids, Alberta, made with
the Edmonton Power Company, with information in detail as to the operations carried
on by the company to date. Presented April 21, 1914. — Mr. Oliver Not printed.

81. Return to an Order of the House of the 2Sth April, 1913, for a return showing a list of all

the newspapers in Canada in which advertisements have been inserted by the Govern-
ment, or any minister, officer or department thereof, between October 10, 1911, and the
present date, together with a statement of the gross amount paid therefor between the
above dates to each of said newspapers or to the proprietors of the same. Presented
January 22, 1914. — Mr. Sinclair Not printed.

81a. Partial Return to an Order of the House of the 30th April, 1913, for a return showing a
list of all newspapers in Canada in which advertisements have been inserted by the
Government, or any minister, ofiicer or department thereof, between the 10th day of
October, 1006, and 10th October, 1907, and between said dales in each of the years fol-
lowing up to the 10th of October, 1911, together with a statement of the gross amount
paid therefor for the years mentioned, to each of the said newspapers or the proprietors
of the same. Presented January 22, 1914. — Mr. Thornton Not printed.

63433—4 49

4-5 George V. Alplmbetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

81&- Suiiplementary Return to an Order of the House of the 30th April, 1913, for a return show-
ing a list of all the newspapers in Canada in which advertisements have been inserted
liy the Government, or any minister, officer or department thereof, between the 1 0th
day of October, 1906, and 10th October, 1907, and between said dates in each of the
years following up to the 10th of October, 1911, together with a statement of the grosa
amount paid therefor for the years mentioned, to each of the said newspapers or the
proprietors of the same. Presented April 1, 1914. — Mr. Thornton Not printed.

81<?- Fuither Supplementary Return to an Order of the House of the 28th April, 1913, for a
return showing a list of all the newspapers in Canada in which advertisements have
been inserted by the Government, or any minister, officer or department thereof, between
Octoper 10, 1911, and the present date, together with a statement of the gross amount
paid therefor between the above dates to each of said newspapers or to the proprietors
of the same. Presented April 2, 1914. — Mr. Sinclair Not printed.

Sid. Supplementary Return to an Order of the House of the 30th April, 1913, for a Return
showing a list of all the newspapers in Canada in which advertisements have been
inserted by the Government, or any minister, officer or department thereof, between the
10th day of October, 1906, and 10th October, 1907, and between .said dates in each of
the years following up to the 10th of October, 1911 ; together with a statement of the
gross amount paid therefor for the years mentioned, to each of the said newspapers or
the proprietors of the same. Presented April 2, 1914. — Mr. Thornton. .. .Not printed.

81^- Return to an Order of the House of the 15th April, 1914, for a return showing how much
money has been paid by the Government, or any department thereof, since October 10,
1911, to the Herald Publishing Company of Halifax, N.S., 'for advertising, printing and
lithographing. Presented April 27, 1914. — Mr. Sinclair Not printed.

81A Return to an Order of the House of the 4th February, 1914, for a return showing the
names of all printing and publishing companies, and newspapers in Nova Scotia to
whom any sum of money has been paid respectively, by any department of Government,
during the calendar years 1912 and 1913 respectively, and the nature of the service
rendered therefor. Presented April 29, 1914. — Mr. Maclean (Halifax) ... .Not printed.

81g. Supplementary Return to an Order of the House of the 28th April, 1913, for a return
showing a list of all the newspapers in Canada in _which advertisements have been
inserted by the Government, or any minister, officer or department thereof, between
October 10, 1911, and the present date, together with a statement of the gross amount
paid therefor between the above dates to each of said newspapers or to the proprietors
of the same. Presented May 11, 1914. — Mr. Sinclair Not printed.

82. Retvrn to an Order of the House of the 3rd February, 1913, for a copy of all letters, cor-

respondence, reports and other documents in the possession of the Department of Rail-
ways and Canals relating to an application by the Central Railway Company of Can-
ada to the Honourable Minister of Railways and Canals for the approval of their pro-
l)OSed route between Hawkesburyand South Indian. Presented January 22, 1914. — Mr.
Proulx Not printed.

83. Return to an Order of the House of the 9th December, 1912, for a copy of all documents,

papers, memoranda, rulings, findings, appeals and correspondence relating to any appeal
asserted from any decision, ruling or finding of the Board of Railway Commissioners of
Canada to the Privy Council of Canada, and the action taken by the Privy Council
thereon. Presented January 22, 1914. — Mr. Maclean (Halifax) Not printed.

84. Return to an Order of the House of the 7 th May, 1913, for a return showing the total cost

of the Elmira Branch Railway in Prince Edward Island ; the total amounts paid the
contractors. Whitehead Brothers ; the total amount paid by the Government after taking
the work off the contractor's hands, and showing the amount paid in wages each month,
the names of the men to whom it was paid, the positions they held, and the wages per
day to each; also showing what materials were used, each kind and class, with the
cost of each, from whom purchased, and when, and the quantities left over, if any.
Presented January 22, 1914. — Mr. Hughes (P. E.I.) Not printed.

85. Return to an Order of the House of the 15th January, 1913, for a copy of all letters, tele-

grams, correspondence and documents referring in any way to the claim of the muni-
cipalities of Pictou, Antigonish, Guysboro and St. Mary's for payment or refund to
them of the monies paid by said municipalities for the right of way of that part of the
Intercolonial Railway running through the Counties of Pictou, Antigonish and Guys-
boro. Presented January 22, 1914.- — Mr. Chisholm (AntigonisU) Not printed.

85a. Return to an Order of the House of the 12th May, 1913, for a copy of all claims made by
H. F. McDougall, of Grand Narrows, N.S., against the Intercolonial Railway, and of ail
letters, telegrams and other documents in connection with the said claim or claims ;
together with the particulars of said claims ; the amount or amounts paid upon said
claim or claims ; the particular items of the claim or claims upon which payments, if
any, were made ; the date of the filing of the claim.s and of the payment or payments
made thereon ; and the total amount paid on said claims or upon any other claims made
by the said H. F. McDougall against the said Intercolonial Railway or the Government
of Canada. Presented January 22, 1914. — Mr. Sinclair Not printed.

50

■i-5 George V, Alphabetical Index to Se&sional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

S5b- Return to an Order of the House of the 16th February, 1914, for a copy of all documents,
letters, petitions, telegrams and evidence heard, reports, &c., in connection with the
claims of Eugene Demers and Joseph Olivier, of the parish of St. Nicholas, County of
Ijevis, for damages aiising out of flres caused by the Intercolonial Railway's locomo-
tives ; and, if investigations have been held, a copy of all evidence and documents relat-
ing thereto. Presented March 6, 1914. — Mr. Bourassa Not printed.

85C- Return to an Order of the House of the 27th April, 1914, for a copy of all letters, tele-
grams, reports, correspondence and documents relative to the claims made for damages
from a fire in the village of Hopewell, County of Pictou, which was occasioned by
sparks from a locomotive on the Intercolnial Railway. Presented May 13, 1914. — Mr.
Macdonald Not printed.

66. Return to an Order of the House of the 14th May, 1913, for a copy of all reports, corre-
spondence and other documents on file in the Department of Raiwlays and Canals, relat-
ing in any way to a suggested survey and construction of a line of railways from
Country Harbour, Guysborough County, N.S., to Cape George, N.S., or any other point
in Antigonish County. Presented January 22. 1914. — Mr. Chishohn (Antiponish).

Not printed.

86<i. Return to an Order of the House of the 29th January, 1912, for a copy of all letters,
written to the Right Honourable tlie Prime Minister, tlie Honourable the Minister of
Railways and Canals, or any other member of the Government since October 10, 1911,
by S. R. Griffin, Goldboro, N.S., John S. Wells, White Head, N.S., and G. A. R. Row-
lings, Sydney, N.S., relating to the construction of a branch line of the Intercolonial
Railway into the County of Guysboro, N.S., also of the replies to the same. Pre-
sented January 22, 1914. — Mr. Sinclair Not printed.

87. Return to an Order of the House of the 27th January, 1913, for a copy of the contract

entered into by C. R. Scoles, New Carlisle, Quebec, with the Department of Railways
and Canals for the completion of the Atlantic and Lake Superior Railway between
Caplin and Paspebiac, and of the report of the engineers on such work, of details of
payments, and of all documents bearing on such matter. Presented January 22, 1914.
— Mr. Marcil ■■ Not printed.

88. Return to an Order of the House of the 21st May, 1913, for a copy of all documents, corre-

spondence, reports and inquiries, relating to an accident which occurred at Trois Pis-
toles, Intercolonial Railway on 10th September, 1912, respecting the death of ArsSne
Ouellet, and the wounds inflicted on Joseph Gagnon, at the time that these two men
were struck by train No. 1.50 on the above date. Presented January 22, 1914. — Mr.
Boulay Not printed.

89. Annual Return respecting Trade Unions under Chapter 125, R.S.C., 1906. Presented by

Hon. Mr. Coderre, January 22, 1914 Not printed.

90. Return to an Order of the House of the 29th January, 1913, for a return showing:—

1. What purchases of land have been made by the Dominion of Canada since Con-
federation?

2. The amount of money paid for same?

3. The approximate area of land so purchased?

4. In what provinces the said land is now situated?

5. The approximate area in each province?

6. The acreage of school lands set aside by the Government for the Provinces of

Manitoba, Saskatchewan and Alberta?

7. The present approximate value of the said school lands so set aside in each of
the said Provinces?

8. The number of acres of the said school lands already sold in each of the said
Provinces, and the proceeds of such sales, deducting expenses?

9. The acreage of lands set apart at any time by the Government as an endowment
to any university, the name of the university, and the Province in which the lands are
situated?

10. The number of acres of swamp lands transferred to the Province of Manitoba
under the provisions of Chapter 50 of the Acts if 1885 and amendments thereto?

11. The gross amount of cash allowance made at any time by the Federal Govern-
ment to each or any Province of Canada, to assist in the construction of necessary
public buildings?

12. The approximate value of the railway, public works and other assets of each
o:' the Provinces of Canada, taken over by the Federal Government at the time that
eacli Province entered the union?

13. The annual compensation made to the Province of Manitoba, Saskatchewan and
Alberta, by reason of the fact that they are deprived of the public lands as a source of
revenue?

14. The debt allowance to any time placed to the credit of each of the Provinces of
Canada by the Federal Government. Presented January 22, 1914. — Mr. Sinclair.

Not printed.

63433— 4i 51

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

90a. Supplementary Return to an Order of the House of the 29th January, 1913, for a return
showing : — .

1. What purchases of land have been made by the Dominion of Canada since Con-
federation?

2. The amount of money paid for same?

3. The approximate area of land so purchased?

4. In what Provinces the said land is now situated?

5. The approximate area in each Province?

6. The acreage of school lands set aside by the Government for the Provinces of
Manitoba, Saskatchewan and Alberta?

7. The present approximate value of the said school lands so set aside in each of
the said Provinces?

8. The number of acres of the said school lands already sold in each of the said
Provinces, and the vroceeds of such sales, deducting expenses.

9. The acreage of lands set apart at any time by the Government as an endow-
ment to any university, the name of the university, and the Province in which the lands
are situated?

10. The number of acres of swamp lands transferred to the Province of Manitoba
under the provisions of Chapter 50 of the Acts of 1885 and amendments thereto?

11. The gross amount of cash allowance made at any time by the Federal Govern-
ment to each or any Province of Canada, to assist in the construction of necessary
public buildings?

12. The approximate value of the railway, public works and other assets of each
of the Provinces of Canada, taken over by the Federal Government at the time that
each Province entered the union?

13. The annual compensation made to the Provinces of Manitoba, .Saskatchewan
and Alberta, by reason of the fact that they are deprived of the public lands as a
source of revenue?

14. The debt allowance to any t'.me placed to the crfidit of each of the Provinces
of Canada by the Federal Government. Presented March 12, 1914. — Mr. Sinclair.

Not printed.

91. Partial Return to an Order of the House of the 12th May, 1913, for a return showing the
names and purposes of the several Commissions created by legislation or Orders in
Council since October 12, 1911 ; the names of the members of the several commissioners,
with their respective salaries and remuneration ; the names of commissions still in
existence; and the names of commissions created since October 12, 1911, which have
ceased to exist. Presented January 22, 1914. — Mr. Oliver Not printed.

91a. Partial Return to an Address to His Royal Highness the Governor General of the 4th
December, 1912, for a copy of each Commission issued by the Government since October
10, 1911, directing an investigation to be held ; and also for a copy of the evidence
taken and the report made in each case that has been concluded. Presented Jlanuary
22, 1914. — Mr. Murphy Not printed.

9lb. Further Supplementary Return to an Address to His Royal Highness the Governor General
of the 4th December, 1912, for a cony of each Commission issued by the Government
since October 10, 1911, directing an investigation to be held; and also for a copy of the
evidence taken and the report made in each case that has been concluded. Presented
February 9, 1914. — Mr. Murphy Not printed.

91c Return to an Order of the House of the 9th December, 1912, for a return showing the
number of Commissions formed by the Government since September 21, 1912, the names
and the occupations of the Commissioners appointed, their duties, the duration of their
services, and their remuneration. Presented February 12, 1914. — Mr. Devlin.

Not printed.

91d. Return to an Address to His Royal Highness the Governor General of the 9th February,

1914, for a copy of the Order in Council appointing a Commssion for the purpose of

beautifying the city of Ottawa and vicintiy, of all correspondence with regard to the

same, and of all reports made by the commission up to date. Presented March G, 1914.

— Sir W. Laurier Not printed.

9le. Supplementai-y Return to an Order of the House of the 12th May, 1913, for a return show-
ing the names and purposes of the several Commissions created by legislation or Orders
in Council since October 12, 1911 ; the names of the members of the several commis-
sioners, with their respective salaries and remuneration ; the names of commissions still
in existence; and the names of commissions created since October l2, 1911, which have
ceased to exist. Presented March 9, 1914. — Mr. Oliver Not printed.

91/. Return to an Order of the House of the 9th February, 1914, for a return showing the num-
ber and particulars of Commissions aijpcinted or issued under the Inqu ries Act since
October 1, 1911, the purpose or object thereof, the name of the Commissioner or Commis-
sioners, and the cost of each to the present time. Presented May 29, 1914. — Mr. Maclean
{Halifax) Not printed.

52

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2^— Continued.

92. Partial Return to an Order of the House of the 28th April, 1913, for a return showing all

those who have been holding investigations within the judicial district of Three Rivers,
since Octobei' 15, 1911, to date, in reference to the conduct of men holding offices from
the Dominion Government, the place where each investigation was held, the amount
paid to each investigator in each case ; the names of the solicitors employed in each
case, the post office addresses, and the amount paid in each case to the solicitor. Pre-
sented January 22, 1914. — Mr. Bureau Not printed.

93. Return' to an Order of the House of the 26th March, 1913, for a return showing whether

the Government paid or intends to pay fees and disbursements of the witnesses sum-
moned by the commissioners appointed by it in the County of Levis, to hold inquiries
on the conduct of public officers whose dismissal had been requested ; the amounts
which have been paid and to whom, and the sum remaining to be paid for the same
purpose. Presented January 23, 1914. — Mr. Bourassa Not printed.

93a. Partial Return to an Order of the House of the 4th June, 1913, for a return showing the
total expenditure to date by the present administration in connection with the investi-
gation of charged partisan conduct against officials. Presented January 23, 1914. — Mr.
Sinclair Not printed.

93b. Partial Return to an Order of the House of the 7th May, 1913, for a return showing in
deaail the names of witnesses summoned by Commissioner H. P. Duchemin in connection
with all investigations held by him in the counties of North Cape Breton and Victoria,
South Cape Breton, Inverness and Antigonish, Nova Scotia, and the amounts paid in
each such case. Presented January 23, 1914. — Mr. Carroll Not printed.

93c. Return to an Order of the House of the 9th April, 1913, for a return showing in detail the
expenditure incurred since October 11, 1911, in connection with investigations held in
Bonaventure County by commissioners appointed by the Departments of the Post Office,
Customs, and Marine and Fisheries into charges made against employees of said depart-
ments of offensive political partisanship, together with the names and amounts paid to
each of said commissioners in each Investigation, as well ns details of amounts paid to
witnesses and others. Presented January 23, 1914. — Mr. Marcil Not printed.

93^. Return to an Order of the House of the 26th February, 1913, for a copy of all statements
of account for salary or remuneration to the commissioner, and his expenses for wit-
ness fees, and all other expenses in connectoin with the investigation by Commissioner
Duchemin, of the following, persons in the Ciunty of Guysboro, Nova Scotia namely : —

H. L. Tory, fishery officer, Guysboro.

John W. Davis, fishery officer, Guysboro.

Patrick Shea, postma.ster, Tompkinsville.

John M. Rogers, postmaster. East Roman Valley.

James Bowles, postmaster, Alder River.

Abner M. Carr, postmaster, St. Prangois Harbour.

Everett Hadley, postmaster, Oyster Ponds.

Parker S. Hart, postmaster. Lower Manchester.

S. M. Ferguson, preventive officer. Oyster Pond.

Robert Hendsbee, postmaster. Half Island Cove.

A. B. Cox, Manager Reduction Works, Canso.

Edward Kelly, engineer. Reduction Works, Canso.

D. S. Hendsbee, weigher. Reduction Works, Canso.
Airs. Roberts, postmaster, Canso.

David Sutherland, caretaker, Canso.

Henry Hanlon, chief engineer. Hatchery, Cansu.

Thos. Sullivan, assistant engineer, Canso.

W. G. Matthew", cockswain life-boat, Canso.

Patrick Ryan, assistant cockswain life-boat, CansO,

M. McCutcheon, postmaster, Sonora.

Stanley McCutcheon, preventive officer, Sonora.

Freeman Pride, lightkeeper, Sonora.

David Reid, fishery officer. Port Hilford.

L M. Pye, customs officer, Liscomb.

Stapley Hemlow, lightkeeper, Liscomb.

W. H. Hemlow. keeper storm drum, Liscom»>.

R. Conroy. postmaster. Country Harbour.

John Milward, postmaster, Stormont.

A. W. Salsman, postmaster. Lower Country Harbour.

W. B. Harris, postmaster, Whitehead.

E. T... Munro, customs officer. Whitehead.
W. L. Munro, lightkeeper. Whitehead.
Patrick Conway, lightkeeper. Whitehead

H. P. Munro, cockswain life-boat, Whitfl.ead.
Levi Munro, harbour master. Whitehead.
William McKinnon, postmaster, Erinville.

.53

4-5 George V. Alphabetical Index to Seseional Papers. A. 191-i

CONTENTS OF VOLUME 2S—ConUnued.

J. H. McMillan, manager hatchery, Isaac's Harbour.
Sanford Langley, postmaster, Isaac's Harbour North.
Fred. E. Cox, engineer lobster hatchery, Isaac's Harbour.
Simon Hodgson, assistant engineer, Isaac's Harbour.
Archibald Brass, postmaster, L. New Harbour.
Parker Sangster, postmaster. New Harbour West.
William Gerrior, customs officer, Larry's River.
James M. Webber, lightkeeper, Torbay Point.
W. A. Hattie, preventive officer, Mulgrave.
J. F. Reeves, postmaster, Mulgrave.
John P. aieagher, foreman deck-hand, Mulgrave.
Philip H. Ryan, Intercolonial Railway employee. Mulgrave.
Alex. Wilkinson, Intercolonial Railway employee, Mulgrave.
Alex. McTnnis, car inspector, Mulgrave.
Frank Pcugere, postmaster, Port Felix.
Sam. Smith, postmaster. Port Felix, West.
Captain Freeman Myers, postmaster. Cole Harbour.
George Taylor, postmaster, Beckerton.

Stephen C. Richard, lightkeeper, Charlo's Cove. Presented January 26, 1914. — Mr.
Sinclair Not printed.

93c. Supplementary Return to an Order of the House of the 7th May, 1913, for a return show-
ing in detail the names of witnesses summoned by Commissioner H P. Duchemin in con-
nection wit'n all investigations held by him in the Counties of North Cape Breton and
Victoria, South Cape Breton, Inverness and Antigoni.sh, Nova Scotia, and the amounts
paid in each such case. Presented February 10, 1914. — ilfr. Carroll Not printed.

93/. Return to an Order of the House of the 9th December, 1912, for a return showing when
H. P. Duchemin, of Sydney, Nova Scotia, was appointed commissioner to hold investi-
gations, the number of investigations held since his appointment, names of officials
investigated, if evidence and report in each investigation has been forwarded by Mr.
Duchemin to the department interested, if not, in what cases has no evidence and report
been submitterl, salary or remuneration received in each case, and amount paid for
travell ng expenses in each case. Presented February 10, 1914. — Mr. Carroll.

Not printed.

Q3g. Return to an Order of the House of the 23rd February, 1914, for a return showing the
expenditures by the Intercolonial Railway in connection with all the inquiries and
investigations held by H. P. Duchemin, concerning any and all employees of the Depart-
ment i}t Railways and Canals, or of the Intercolonail Railway, for any cause whatever,
and relating to any complaints or charges, or to any matter of whatsoever nature,
giving in detail the items of all accounts or bills of or payments to the said H. P.
Duchemin in 'connection with same, during the years 1912, 1913, and for the year 1914
to date ; together with a statement showing the total amounts paid in each specified
investigation and the total paid in each year, for the whole period to the said H. P.
Duchemin. Presented March 5, 1914. — Mr. Emmerson Not printed.

93ft. Supplementary Return to an Order of the House of the 7th May, 1913, for a return show-
ing indetail the names of witnesses summoned by Commissioner H. P. Duchemin in con-
nection with all investigations held by him in the Counties of North Cape Breton and
Victoria, South Cape Breton, Inverness and Antigonish, Nova Scotia, and the amounts
paid in each such case. Presented March 17, 1914. — Mr. Carroll Not printed.

93i. Return to an Order of the House of the 23rd March, 1914, for a return showing in detail
the expenses and cost of an inquiry or investigation held by Commissioner Adair, under
the authority of the Department of Railways and Canals, into the affairs of the Elec-
trical Branch of the Intercolonial Railway at Moncton, and the conduct of .Tohn W.
Gaskin i-.nd others, in relation to their services in said branch or otherwise, held during
Ibfe year 1912; together with the names of the commissioner, the agents, attorneys,
counsel, constables, police officers, detectives, witnesses or other persons in connection
with said inquiry ; the number of days consumed and paid for in the conduct thereof,
and the services rendered by each person in connection therewith ; and a detailed state-
ment of the sum or sums of money paid to each party therefor, at what rate and the
amoints pairl to each witness sworn and in attendance or otherwise, together with a
copy o" all bills, claims or accounts rendered in connection with said inquiry, and of
all vouchers for moneys paid, by whom paid and to whom ; with a copy of all letters or
other correspondence relating to the appointment of a commissioner, and of counsel to
be engaged or other officers employed, and relating to the compensation to be paid for
services, and in connection with any of said bills, accounts, payments and vouchers, with
a statement or summary of the total cost of said investigation, showing the number of
ra Iway employees called as witnesses, the witness fees allowed and paid them, and the
cases in which their time respectively was not allowed them while absent to give such
evidence, and the cases to which such time was allowed and no deduction made from
their wages or salaries for the period of their absence in attendance at such inquiry as
such witnesses respectively. Presented May 13, 1914. — Mr. Evtmerson. . . .Not printed.

54

4-5 George V. Alpliabctieal Index to Se.ssional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

94. Return to an Order of the House of the 9th December, 1912, for a return showing how

many citizens of the United States have been employed by the Government since Novem-
ber 1, 1911, in what department employed, their names and occupations and salary paid
to each, and also, the number appointed under section 21 of the Civil Service Act. Pre-
sented January 24, 1914. — M?-. Murphy Not printed.

95. Return to an Order of the House of the 23rd April, 1913, for a copy of all letters, telegrams,

papers and documents in any way relating to the purchase of property at Long Beach
St. Mary's, Digby County, N.S., for a lobster pond. Presented January 23, 1914. — Mr.
Law Not printed.

96. Return to an Order of the House of the 24th February, 1913, for a copy of all requests,

petitions, &c., made to the Government, or any department thereof, by the residents of
Mira, County of Cape Breton, for subsidies for boats, wharf accommodations, or in-
creased facilities on the Mira river. Presented January 23, 1914. — Mr. Carroll.

Not printed.

97. Return to an Order of the House of the 7th May, 1913, for a copy of all reports, corre-

spondence, telegrams and other documents in the custody or control of the Militia
Depatment or the Railway Department, concerning matters brought to the attention
of the Mil tia Department by B. A. Ingraham, of Sydney, N.S., with reference to the
transportation of the Sydney militia over the Intercolonial Railway in the year 1912.
Presented January 23, 1914. — Mr. Carroll Not printed.

98. Medical inspection of immigrants at port of entry in Canada. ^ — {Senate Not printed.

99- Public health service, several branches of R.S. engaged in. — {Senate) Not printed.

100. Proposed harbour at Skinner's Pond — Surveys made for, &c. — {Senate) Not printed.

101. Investigation held in 191? re dredging operations in British Columbia. — {Senate).

Not printed.
lOlo- Investigation held by Mr. Wilson, B.C., against Captain Murdock Toung. — {Senate).

Not printed.

102. Quantities of wheat by grades received at elevators at Fort William. — {Senate).

Not printed.

103. Projected railway or highway bridge over the Restigouche River, N.B. Presented

January 26, 1914. — Mr. Marcil Not printed.

104. Relating to the employees of the different departments at Ottawa, the provinces, and

territories, i&c. Presented January 26, 1914. — Mr. Wilson {Laval) Not printed.

104«- Return to an Order of the House of the 11th December, 1912, for a return showing for
each department of the Civil Service, the names, ages, oflices and salaries of such per-
sons employed either in the inside or outside divisions thereof, and of such persons not
in the Civil Service employed by the Government in any department since the 10th
October, 1911 ; and in cases where no commission of investigation was appointed, as
have been removed from oflice by dismissal, superannuation or otherwise, specifying in
each case the manner of, and grounds for such removal, and the length of notice given
to the per.son removed, and the amount of superannuation or gratuity granted, if any ;
also showing the name, age, office and salary or remuneration of any and every person
appointed to the Civil Service in the place of, or as a consequence of any such removal.
Presented January 26, 1914. — Mr. Murphy Not printed.

104?'. Partial Return to an Order of the House of the 11th December, 1912, for a return show-
ing for each department of the Civil Service, the names, ages, offices and salaries of
such persons employed either in the inside or outside divisions thereof, and of such per-
sons not in the Civil Service employed by the Government in any department since the
10th October, 1911 ; and in cases where no commission of investigaiton was appointed,
as have been removed from office by dismissal, superannuation or otherwise, specifying
in each case the manner of, and grounds for such removal, and the length of notice
given to the person removed, and the amount of superannuation or gratuity granted,
if any ; also showing the name, age, office and salary or remuneration of any and every
person appointed to the Civil Service in the place of, or as a consequence of any such
removal. Presented February 10, 1914. — Mr. Murphy Not printed.

104c. Further Supplementary Return to an Order of the House of the 11th December, 1912, for
a return showing for each department of the Civil Service, the names, ages, offices and
salaries of such persons employed either in the inside or outside divisions thereof, and
of such persons not in the Civil Service employed by the Government in any department
since the 10th October, 1911 ; and in cases where no commission of investigation was
appointed, as have been removed from office by dismissal, superannuation or otherwise,
specifying in each case the manner of, and grounds for such removal, and the length
of notice given to the person removed, and the amount of superannuation or gratuity
granted, if any ; also showing the name, age, office and salary or remuneratio- of any
and every person appointed to the Civil Service in the place of, or as a conseqaence of
any such removal. Presented March 10, 1914. — Mr. Murphy Not printed.

55

4-5 George V.

Alphabetical Index to Sessional Papers.

A. 1914

CONTENTS OF VOLUME 2S— Continued.

104,(1. Return to an Order of the House of the 23rd February, 1914, for a return showing the
total number of officials and employees in the Department of Public Printing and
Stationery on February 1, 1914 ; and the increase in wages granted to the several
groups of employees during the year 1913. Presented March 18, 1914.— M?-. Marphy.

Not printed.

104e. Return to an Order of the House of the 28rd February, 1914, for a return showing how
many persons have been appointed to positions in the inside Civil Service since October
10, 1911, who had not passed the public competitive examination held by the Civil Ser-
vice Commission in May and November of each year,

2. How many of such persons were appointed in each department. Presented
March 23, 1914. — Mr. Murphy Not printed.

104/. Return to an order of the House of the 4th March, 1914, for a return showing how many
persons have been appointed to the Inside Service of the Post Office Department by the
present Government, with the names of the appointees, the grade each of them was
appointed to, and the salary in each case ; how many of these appointees passed the
Civ 1 Service examination, and how many did not do so, with the names in each case.
Presented April 1, 1914. — Mr. Proulx Not printed.

104f7. Further Supplementary Return to an Order of the House of 11th December, 1912, for a
return showing for each department of the Civil Service, the names, ages, offices and
salaries of such persons employed either in the inside or outside divisions thereof, and
of 5uch p rsons not in the Civil Service employed by the Government in any department
since the If^th October, 19fl ; and in cases where no commission of investigation was
appoint^n, as have been removed from office by dismissal, superannuation or otherwise,
specifying n each case the manner of, and grounds for such removal, and the length
of notice given to the person removed, and the amount of superannuation ci gratuity
granted, if any ; also showing the name, age, office and salary or remuneration of any
and every person appointed to the Civil Sei^vice in the place of, or as a consequence of
any such removal. Presented April 2, 1914. — Mr. Murphy Not printed.

104'^- Return to an Order of the House of the 2nd April, 1914, for a return showing how mnay
certificates for piomotion have been asked from the Civil Service Commissioners since
the 31st Maich, 1913 ; how many of such certificates have been refused, and to whom,
and the reasons given in each case for such refusal. Presented April 16, 1914. — Mi-
Carroll Not printed.

104'- Return to an Order of the House of the 80th March, 1914, for a return showing the salary
of each deputy minister ; the number of clerks or employees under each of the deputy
ministers, or over whose work the deputy is supposed to exercise supervision ; the salary
of the Customs Commissioner, and length of time employed. Presented April 23, 1914.
— Mr. Chisholm {Inverness) Not printed.

105. Return called for by Section 88, of Chapter 62, Revised Statutes of Canada, requiring

that the Minister of the Interior shall lay before Parliament, each year, a return of
liquor brought from any place out of Canada into the Territories by special permission
in writing of the Commissioner of the Northwest Teiritories. Presented by Hon. Mr.
Roche, January 27, 1914 Not printed.

106. Copy of the Seventh Joint Report of the Commissioners for the Demarcation of the Meri-

dian of the 141st Degree of West Longitude. Presented by Hon. Mr. Roche, January
28, 1913 Not printed.

107. Return showing lands sold by the Canadian Pacific Railway Company during the year

which ended on the 1st October, 1913. Presented by Hon. Mr. Roche, January 28, 1914.

Not printed.

108. Regulations relating to the Parcel Post Service, 1914. Presented by Hon. Mr. Pelletier,

January 28, 1914 Not printed.

109. Report of the proceedings of the Commisioners of Internal Economy of the House of Com-

mons for 1912-1913, pursuant to Rule 9. Presented by Mis Honour the Speaker,
February 2, 1913 Not printed.

110. Return of Orders in Council which have been published in the Canada Gazette between

the 1st October, 1912, and 30th November, 1913, in accordance with the provisions of
"The Forest Reserves and Park Act," Section 19, of Chapter 10, 1-2 George V. Pre-
sented by Hon. Mr. Roche, February 2, 1914 Not printed.

110«. Return of Orders in Council which have been published in the Canada Gazette, between
the 1st October, 1912, and 30th November, 1913, in accordance with the provisions of
Section 5 of " The Dominion Lands Survey Act," Chapter 21, 7-8 Edward VII.

Not printed.

\10b. Return of Orders in Council which have been published in the Canada Gazette, between
1st October, 1912, and 30th November, 1913, in accordance with the provisions of Sec-
tion 77 of "The Dominion Lands Act," Chapter 20 of the Statutes of Canada, 1908.

Not printed.
56

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued. ^

llO^'- Return of Orders in Council which have been published in the Canada Gazette and in the
British Columbia Gazette, between 1st October, 1912, and 30th November, 1913, in
accordance with provisions of subsection (d) of Section 38 of the regulations for ' the
survey, administration, disposal and management of Dominion lands within the 40-mile
railway belt in the Province of British Columbia. Presented by Hon. Mr. Roche,
February 2, 1914 j^ot printed.

WOd. Return of copies of all Orders in Council, plans, papers and correspondence which are
reciuired to be presented to the House of Commons, under a resolution passed on the
20th February, 18S2, since the date of the last return, under such resolution. Pre-
sented by Hon. Mr. Roche, January 28, 1914 Not printed.

110^- Return to an Order of the House of the 9th February, 1914, for a copy of all letters,
papers, homestead inspector's reports, declarations aijd of all other documents connected
in pny way with the entry and cancellation proceedings against the homestead entry
of James Bruce for the southeast quarter section 36, in townshpi 49, range 27, West
se ond meridian. Presented March 6, 1914. — Mr. Neely Not printed.

110/- Return to an Order of the House of the 9th February, 1914, for a copy of all papers in
connection with the disposition of the S.B. \, section 16, township 25, range 5, West fifth
meridian. Presented March 10, 1914.— -Ifr. Oliver Not printed.

WOO- Return to an Order of the House of the 16th February, 1914, for a copy of all papers
in connection with the S.W. \, 23-16-12 W, 3 M. Presented March 10, 1914. — Mr.
Knowles Not printed.

WOh. Return to an Order of the House of the 16th February, 1914, for a copy of all papers in
connection with the N.B. 4-22-11-5-W. 3 M. Presented March 23, 1914. — Mr. Knowles.

Not printed.

IIOJ. Return to an Order of the House of the 2nd February, 1914, for a copy of all letters,
te'ejrams and papers concerning coal lands situate in 28-19, 27-18, 27-17 and 28-18 West
of the fourth meridian. Presented April 21, 1914. — Mr. Buchanan Not printed.

llOi- Supplementary Return to an Order of the House of the 16th February, 1914, for a copy
of all papers in connection with the N.E. J-22-11-5 W. 3 M. Presented May 5, 1914. — ■
Mr. Knowles Not printed.

WOk. Return to an Address to His Royal Highness the Governor General of the 20th April,
191!, for a copy of all documents, letters, telegrams, papers. Orders in Council and
aj,reements of sale, in connection with the sale by the Government of Canada of the
following- lands in the railway belt in British Columbia, viz. : Townships 23 and 24,
ranse IS ; townships 23 and 24, range 19 ; townships 24 and 25, range 20 ; townships
25, 26 and 27, range 21 ; townships 26 and 27, range 22, all West of the fifth meridian.
Presented May 18, 1914. — Mr. Buchanan Not printed.

110'- Return to an Order of the House of the 27th April, 1914, for a copy of all letters, tele-
grams, &c., in the Department of the Interior in connection with the N.W. J section
20-4, range 16 west of the second meridian. Presented May 18, 1914. — Mr. Turriff.

Not printed.

llOw. Return to an Order of the House of the 27th April, 1914, for a copy of all papers, letters,
telegrams, &c., in possession of the Department of the Interior in connection with the
N-J-1-3-16-W. 2-M. Presented May 18, 1914. — Mr'. Turriff Not printed.

111. Correspondence between the Imperial Government and the Government of Canada, and

oth( r documents, relating to Imperial Naturalization. Presented by Hon. Mr. Doherty,
February 4, 1914 Not printed.

Ilia. Return to an Oder of the House of the 2nd February, 1914, for a copy of all correspond-
ence and documents, or other information, as to the passage of an Act in Great Britain
and the different Dominions, providing for uniformitj- of the Naturalization Law. Pre-
sented February 18, 1914. — Mr. Macdonald Not printed.

112. Account of the average number of men employed on the Dominion Police Force during

each month of the year 1913, and of their pay and travelling expenses, pursuant to
Chapter 92, section 6, .subsection 2, of the Revised Statutes of Canada. Presented by
Hon. Mr. Doherty. February 5, 1914 Not printed.

113. Copy of Agreement between the Government of Canada and the Royal Mail Steam Packet

Company, for a steamship service between Canada and the British West Indies. Pre-
sented by Hon. Mr. Foster, February 9, 1914 Not printed.

114. Return to an Order of the House of the 2nd February, 1914, for a return showing what

changes have been made in the original sclieme for terminals of the Ti'anscontinental
Railway at the city of Quebec ; the estimated cost of the former : the estimated cost of
the said terminals under the present scheme. Presented February 10, 1914. — Mr.
Graham Not printed.

57

4-D George V. Alphabetical Index to Sessional Papers. A. IGll

CONTENTS OF VOLUME 2S— Continued.

114f'- Return to an Address to His Royal Highness the Governor General of the 23rd February,
1914, for a copy of all correspondence between the National Transcontinental Railway
Commissioner and the Minister of Railways, and between the National Transcontinental
Railway Commissioner and the Canadian Pacific Railway regarding the Joint Terminals
j\t Quel)ec ; also a copy of the Order in Council regarding joint terminals at Quebec,
and of the final agreement regarding same. Presented March 16, 1914. — Mr. Graham.

Not printed.

114^. Return to an Order of the House of the 16th March, 1914, for a copy of all contracts by
the Department of Railways or the Transcontinental Railway Commission with the
Canadian Pacific Railway Company with regard to the establishment of a joint station
at the Palais, city of Quebec, and of all correspondence with regard to the same. Pre-
sented March 20, 1914. — Sir Wilfrid Laurier Not printed.

115. Return to an Order of the House of the 9th December, 1912, for a return showing the

number of commissioners appointed by the Government since October 10, 1911, to hold
investigations, giving their names, the amount paid to each commissioner up to Novem-
ber 21, 1912, the number of the said commissioners still under pay, with their names.
Presented February 10, 1914. — Mr. Murphy Not printed.

116. Return to an Order of the House of the 31st March, 1913, for a copy of all papers, docu-

ments, correspondence, &c., relating to requests for the temporary suspension of the
application of the dumping clause of the Customs Tariff Act in reference to wire rods
or any other products or articles, made to Department of Customs, or the Department
of Finance, since November 1, 1911. Presented February 10, 1914. — Mr. Maclean (Hali-
fax) Not printed.

117. Return to an Order of the House of the 20th January, 1913, for a copy of all proposals,

offers, agreements, reports, estimates, letters, telegrams and of all other communications
or documents in the possession of the Department of Railways and Canals, or of the
Prime Minister of Canada, or of any other department of the Government, filed with
Kaid department or any of them, since the first day of January, 1910, relating to or in
anj- way appertaining to the question or proposal of acquiring any or all, or any one of
the lines of railways connecting with the Intercolonial Railway along its line, and
Serving as a feeder or feeders of said railway, either by lease, purchase or otherwise,
also of all proposals, offers, requests, applications, petitions, memorials, or other docu-
ments, and of all letters, telegrams and other communications and correspondence, relat-
ing to or in any manner appertaining to the acquisition by any Railway company of
running rights, so called, or the securing of a leasehold or other interest involving the
rights by any Railway company to operate its trains over the rails of the Intercolonial
Railway, together with a copy of all answers, letters, telegrams, correspondence and
reports relating thereto, on the files of the Department of Railways and Canals, or of
the Prime Minister, or of any Department of the Government. Presented February 10
1914. — Mr. Emmerson Not printed.

117a- Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-
ence, memorials, petitions, engineers' reports and other documents exchanged by or on
behalf of the proprietors of the Quebec Oriental Railway and the Atlantic, Quebec and
AVestern Railway, and the Department of Railways and Canals, since last session, with
the view of the acquisition by the Government of these roads as branch lines or feeders
of the Intercolonial Railway. Presented March 6, 1914. — Mr. Marcil {Bonavcnturc).

Not printed.

inb. Return to an Order of the House of the 9th February, 1914, for a copy of all letters,
telegrams, petitions, reports, cvorrespondence and other documents on file in any Depart-
ment of the Government, or in the possession of any member of the Government, relat-
ing to, or in any manner connected with, the proposal to have a spur line or siding to
connect the new public wharf at Sackville, N.B., with the Intercolonial Railway at that
place, and of all letters, telegrams and other correspondence passed between any person
or persons and any member of the Government. Presented March 11, 1914. — Mr.
Emmerson Not printed.

117c. Return to an Order of the House of December 9, 1912, for a copy of the report made by
Mr. Tessier to the Department of Railways and Canals on a proposed line of railway
from Orangedale to Cheticamp in the County of Inverness, N.S. ; and also all petitions,
memorials and correspondence referring to the proposed line of railway. Presented
March 17, 1914. — Mr. Chisholm (Antigonish) Not printed.

117d. Return to an Order of the House of the 23rd March, 1914, for a copy of all petitions,
correspondence, engineers' reports of surveys and of all other reports on file, referring to
a proposed diversion of the Intercolonial Railway from, at or near Linwood Station,
through the districts of Linwood, Cape Jack and to village of Harbour au Bouchg ;
and more particularly of the petitions and reports relating to such diversion filed in or
about the years 1S87 and 1891. Presented April 7, 1914. — Mr. Chisholm (Antigonish).

Not printed.
58

4-5 George V. , Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 28— Continued.

117e. Return to an Order of the House of the 23rd March, 1914, for a return showing the
names of the successful contractors, with the particulars of their schedule prices respec-
tively, on the contracts awarded by the Intercolonial Railway for the work of double
tracking from Chaudiere Curve to St. Romuald, Quebec,' and the division line from
Nelson to Derby Junction, New Brunswick, and the division or spur line from North
Sidney to Leitche's Creek, Nova Scotia, with a copy of the reports, corresi^ondence and
recommendations relating to the awarding of said tenders or contracts respectively,
and also showing the estimate of cost of said works respectively. Presented April 15,
1914. — Mr. Emmerson Not printed.

117/- Return to an Order of the House of the 16th March, 1914, for a copy of all memoranda,
instructions and authorizations issued by the Minister of Railways and Canals since
October 11, 1911, relating to the eliminating of the present grades and replacing the
lig-ht bridges with heavier steel structure on the Intercolonial Railway ; and of all memor-
anda, recommendations and reports made by Mr. P. P. Gutelius or the Board of Manage-
ment of the Intercolonial Railway thereon. Presented Maj' 6, 1914. — Mr. Kyte.

Not printed.

118. Memorandum of special claim on behalf of Prince Edward Island in respect to representa-

tion in the House of Commons. Presented by Hon. Mr. Foster, February 10, 1914.

Printed for distribution and sessional papers.

118o. Memorandum on behalf of Nova Scotia, New Brunswick and Prince Edward Island,
claiming the right to have their original representation in the House of Commons
restored. Presented by Hon. Mr. Foster, February 10, 1914.

Printed for distribution and sessional papers.

119. Copy of the proceedings and resolutions adopted at the last Interprovincial Conference. Pre-

sented by Hon. Mr. Foster, February 10, 1914.

Printed for distribution and sessional papers.

119o. Minutes of the Proceedings in Conference of the representatives of the Provinces, Octo-
ber, 1913. Presented by Hon. Mr. Borden, March 11, 1914 Not printed.

120. Return to an Order of the House of the 2nd June, 1913, for a copy of the application of

Pacifique Leroux for damages sustained by removal of a bridge on the Soulanges Canal,
and of all reports and correspondence on the same. Presented February 12, 1914. — Sir
Wilfrid Laurier Not printed.

121. Return to an Order of the House of the 20th January, 1913, for a copy of all plans, pro-

pr sals, diagrams, specifications, report-s, surveys, requests, correspondence, letters,' tele-
grams and of all other communications and documents in possession of the Department
of Railways and Canals, relating or in any wise appertaining to the proposed steam
ferry service for ajl seasons of the year between the mainland of New Brunswick, or
of Nova Scoiia. and Prince Edward Island, whereby a connection could be made
between the Intercolonial Railway and the Prince Edward Island Railway, by the
transfer of railway cars over and across the waters of the Straits of Northumberlana
by means of said proposed ferry, together with a statement of all estimates and figures
as 1o the total cost of the installation of such ferry, and the items of said estimate or
estimates in detail. Presented February 12, 1914. — Mr. Emmerson Not printed.

121a- Return to an Order of the House of the 11th December, 1912, for a copy of all lettens,
telegrams and other documsnts relative to the establishment of a car ferry between
Prince Edward Island and the mainland, of the report or reports of any engineers or
experts in regard to the said proposal, and of tlieir estimates of the cost thereof, the
advertisement calling for tenders therefor, and a copy of any plans, conditions or pro-
posed specifications therefor, or in regard thereto, and of any tenders received in
response to said advertisement, of the reports, if any, of any officials in regard thereto,
and of all data in possession of the Department in respect of said project. Presented
February 12, 1914. — Mr. Macdonald Not printed.

122. Return to an Order of the House of the 2nd February, 1914, for a return showing the

total amount of liability in the form of temporary loans on the last day of each month
during the period between the 1st day of May, 1913, and December 31, 1913, together
with, in each case, the rate of interest paid upon said amounts during the same periods.
Presented February 12, 1914. — Mr. Maclean (Halifax) Not printed.

123. Report of the Royal Commission appointed to investigate the construction of the National

Transcontinental Railway, together with the evidence taken and exhibits filed before
the said commission. Presented by Hon. Mr. Coclirane, February 12, 1914.

Printed for distribution and sessional papers.

123o. Return to an Order of the House of the 23rd February, 1914, for a copy of the assign-
ment by M. P. and J. T. Davis in September, 1909, of contracts numbers 16 and 17 on
the National Transcontinental Railway to O'Brien, Fowler and McDougall, and of the
Transcontinental Commissioner's approval thereof, in the said month of September, 1909.
Presented March 4, 1914. — Mr. Graham Not printed.

59

4-5 George V. • Alphabetical Index to Sessional Papers. A, 1914

CONTENTS OF VOLUME 2S— Continued.

123b. Return to an Order of the House of the 18th February, 1914, for a copy of the contract
with Mr. Jioseph Gosselin for the locomotive and car shops at St. Malo, and of all
telegrams, letters and correspondence between the Department and Mr. W. J. Press,
mechanical engineer, or the chief engineer, with regard to change of the price of 85
cents per cubic yard for common excavation to the price of $2.30 per cubic yard for
frozen earth. Presented March 11, 1914. — Mr. Graham Not printed.

123c. Return to an Address to His Royal Highness the Governor General of the 16th February,
1914, for a copy of all papers in any way relating to the tender, original contract, ana
amended contract of Mr. Joseph Gosselin for the locomotive and car shops at St. Malo,
Quebec, together with a copy of the advertisements for tenders, the specifications, tha
contract, the amended contract, reports of engineers, recommendations to Council, Orders
in Council, letters, telegrams, minutes or reports of interviews, and of all other docu-
ments referring in any way to the said contract or the amendment thereof. Presented
March 11, 1914. — Mr. Graham Not printed.

123d. Return to an Address to His Royal Highness the Governor General of the 23rd Feb-
ruaiy, 1914, for a copy of all correspondence in connection with the appointment of
Messrs. Ijynch-Staunton and Gutelius as commissioners to investigate the cost of con-
struction of the Eastern division of the National Transcontinental RaUway, and also of
the Order in Council appointing them. Presented March 12, 1914.— Afr. Graham.

Not printed.

123e. Return to an Order of the House of the 23rd February, 1914, for a copy of the leport of
Geo. S. Hodgins, of New York, regarding the Transcona shops of the Transcontinental
Railway, dated June 10, 1912. Presented March 19, 1914.— Mr. Graham. .Not printed.

123/- Return to an Order of the House of the 23rd March, 1914, for a copy of all plans and
profiles deslgne-i by the engineers, in connection with the intended construction of the
Transcontinental Railway from a point called Ste. Claire, County of Dorchester, between
the twentieth and thirtieth miles, east of the Quebec Bridge, going through the parishes
of St. Malachie. Standon, Cianbourne , Ste. Germaine and Ste. Justine, passing
through the towuships of Panet, Rolette and Valois, towards Ste. Perpetue, on the 105th
mile east of the Quebec bridge, and of all the information and reports on the nature
of land, timber and minerals of the places through which the engineers have been,
showing also how much the railway would have cost per mile had it been built in that
part of the country. Presented April 7, 1914. — Mr. Sevifjny Not printed.

1235. Return to an Order of the House of the 23rd March, 1914, for a copy of all correspond-
ence, messages, netitions, and other documents in connection with the choice of a site
intended for the construction of a station at the village of St. Eleuthere, on the
National Transcontinental Railway. Presented April 15, 1914. — Mi: Lapointe (Kamour-
aska) Not printed.

123ft- Return to an Order of the House for a return showing. —

1. What kind of coaling plants have been provided on the National Transcontinental
Railway?

2. How many have been provided?

3. Where they have been constructed?

4. If any tenders were called for them?

5. The name and address^ of the lowest tenderer.

fi. From whom thoy were obtained and at what price? Presented April 15, 1914.
— Mr. Macdonald Not printed.

124. Return to an Address to His Royal Highness the Governor General, of the 2nd February,

1914, for a copy of all decisions of the Board of Railway Commisioners made on or
after the 10th of October, 1911, on which appeals have been taken to the Governor in
Council, and of all decisions given by the Governor in Council on such appeals. Pre-
sented February 13, 1914. — Mr. Sinclair Not printed.

125. Return to an Order of the House of the 2nd February, 1914, for a copy of all rules and

regulations made and passed bv the Board, witli the approval of the Minister, under
the provisions of the Intercolonial and Prince Edward Island Railways Employees'
Provident Fund Act, pursuant to section eight of said Act. Presented February 13,
1914. — Mr. Emmerson Not printed.

125(i' Return to an Order of the House of the 2nd February, 1914, for a leturn showing in
detail the transactions and proceedings of the so-called Provident Fund Board from the
1st day of January, A.D., 1912, to date, with the names of applicants and their addresses
and the nature of their employment, for retirement under the provisions of The Inter-
colonial and Prince Edward Island Railways Employees' Provident Fund Act, and a
statement of the names so retired during that period, showing the amount of t heir
respective retiring allowances, their respective terms of service, their respective ages,
and the total of the fixed yearly charges upon the said fund made thereby ; together

60

4-5 George V. Alphabetical Index to Se&sioiial Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

with a copy of all correspondence, letters, documents and other communications relat-
ing to such applications and retirements on file in the Railway Department either at
Moncton or at Ottawa, and of all correspondence, letters, petitions or other communica-
tions addressed to and received by the Minister of Railways and Canals, the Depart-
ment, or any official thereof, or any member of the Government from any member of
Parlament, or other person charged with the responsibility of directing Government or
railway patronage, or from any person or persons, club or association assuming to
advise or direct with respect to any such patronage, and of all replies made to any
such letters, petitions or other communications. Presented March 3, 1914. — Mr.
Enimerson Not printed.

126. Return to an Order of the House of the 2nd February, 1914, for a return showing the

amounts of receipts and expenditures on the Intercolonial Railway during the months
of April, May and June, of 1913, respectively, giving separately the revenue from
passenger trains, freight traffic, mails and express and miscellaneous revenue, respecti-
vely, with the total thereof during that period ; also the same information respecting
the corresiionding months of 1912, with the total thereof for that period. Also a state-
ment showing the working expenses or expenditure during months of April, May and
June of 1913, respectively, giving separately the working expenses or expenditure on
maintenance of way and structures, maintenance of equipment, traffic expenses, trans-
portation expenses and general expenses ; with the total thereof during that period ;
and also the same information respecting the corresponding months of 1912, with the
total thereof for the same period ; also a statement showing the cost of transporting
freight per ton mile during the period named in the years 1912 and 1913. Presented
February 13, 1914. — Mr. Emmcrson Not printed.

126o. Return to an Order of the House of the 4th March, 1914, for a return showing the total
revenue of the Intercolonial Railway during the fiscal year 1912-1913, and the revenue
fi om Campbellton and all stations east of Campbellton, and from those west thereof as
far as Halifax, on the main line, including the branches east of Campbellton, Prince
Edward Island Railway excluded. Presented March 17, 1914. — Mr. Boulay.

Not printed.

126&- Return to an Order of the House of the 2nd February, 1914, for a return showing the
total earnings of the Intercolonial Railway on Division 3 in connection with passenger
traffic for the calendar years 1910, 1911, 1912 and 1913 respectively, and the monthly
passenger traffic earnings for each of the said years ; the total expenses or exjiendi-
tures connected with the said passenger traffic on said division during the said years
respectively ; together with a statement showing the monthly passenger traffic expenses
or expenditures connected with said passenger traffic for each of the months during the
said years ; and showing, in addition, the loss and surplus for each of said years and
the months thereof respectively, in connection with the passenger traffic on said division
3 bstween St. John and Halifax; also a statement of the revenue and expenditures
on the transactions coimected with said passenger traffic over said division during the
months of December, 1913, and January, 1914, separately; and also a statement show-
ing the gross passenger earnings for December, 1912, and January, 1914, respectively,
and the gioss expenditures with the passenger traffic for the said months respectively ;
together with a copy of all reports, returns, letters and correspondence relating to the
earnings, expenditures or losses or surpluses on said division either in connection with
freight or passenger ti'affic. Presented April 7, 1914. — Mr. Emmerson. . . .Not printed.

127. Return to an Order of the House of the 2nd February, 1914. for a return showing the

names of the employees of all kinds on the Soulanges Canal in the section extending
from the foot of the canal to the first bridge ; with the functions of each of them, the
salary thereto attached and the date of their hiring during the season of navigation.
Presented February 13, 1914. — Mr. Boyer Not printed.

128. Return to an Order of the House of the 3rd February, 1914, for a return showing: —

1. The names of all persons from whom land or property has been expropriated for
right of w;'y and station purposes in connection with the Dartmouth to Dean Settlement
Branch of the Intercolonial Railway of Canada.

2. The Quantity of land or property so expropriated.

3. The amount paid or offered to such person or persons for such land or property,
in cases where payment or an offer has been made. Presented February 13, 1914. —
Mr. Maclean (Halifax) Not printed.

129. Copy of the International Convention for the safety of human life at sea. Presented by

Ion. Mr. Hazen, February 16, 1914 Printed for disti'ibution and sessional papers.

129a. Return to an Address to His PvOyal Highness the Governor General of the 2nd February,
1914. for a copy of all correspondence with the Imperial authorities, or any commercial
bodies, on the subject of Safety of Life at Sea ; and of the Order in Council appointing
repn sentatives of Canada on the Intei nat onal Conference on Safety of Life at Sea.
Presented February 20, 1914. — Sir Wilfrid Laurier Not printed.

61

4-5 George V. Alpliabetical Index to Sessional Papers, A. 1^14

CONTENTS OF VOLUME 2S— Continued.

130. Return to an Order of the House of the 9th February, 1914, for a copy of all accounts,

bills, receipts and vouchers in connection with the services of N. W. White, during 1912
and 1913, as commissioner to inquire into Indian lands in the Province of British Colum-
bia. Presented February 17, 1914. — Mr. Maclean (Halifax) Not printed.

131. Return to an Order of the House of the 2nd February, 1914, for a copy of all documents

whatsoever relating to the investigation of a claim of Jean Ross or Joseph Ross, of
Anqui, County of Rimouski, Province of Quebec, against the Intercolonial Railway,
following an accident to a horse, which occurred on the 10th of December, 1906. Pre-
sented February 17, 1914. — Mir. Boulay Not printed.

132. Copy of the Order in Council appointing a commission to investigate the cost of living.

Presented February 17, 1914. — Sir Wilfrid Laurier Not printed.

133. Statement of the population of Canada and its Provinces and Territories in the years

1871, 18S1, 1891, 1901 and 1911, according to the census returns. Presented by Hon.
Mr. Borden, February 17, 1914 Not printed.

134. Return to an Order of the House of the 9th February, 1914, for a copy of all protests, if

any, by the Grand Trunk Pacific Railway Company, against changes in grades of the
National Transcontinental Railway from Winnipeg eastward, and terminal facilities at
Quebec ; of all subsequent approvals of such changes, if any, by the Grand Trunk Paci-
fic Railway Company, and of all correspondence on the above subject. Presented
February 18, 1914. — Sir W. Laurier Not printed.

135. Copy of Second Interim Report of the Royal Commission on the natural resources, trade

and legislation of certain portions of His Majesty's Dominions, together with the
Minutes of Evidence taken in Australia and New Zealand in 1913, in connection there-
with. Presented by Hon. Mr. Foster, February 18, 1914 Not printed.

136. Return to an Order of the Senate dated 27th January, 1914, for a copy of the Annual

Report made in January, 1913, by the Central Railway Company to the Railway Depart-
ment.— (Senate) Not printed.

137. Return to an Order of the Senate dated 27th January, 1914, for a copy of the Annual

Report made by the Salisbury and Albert Railway Company to the Railway Depart-
ment.— (Senate) Not printed.

138. Retui'n to an Order of the House of the 9th February, 1914, for a copy of all correspond-

ence and documents in reference to the matter submitted to Sir William Whyte by the
Government, the Transcontinental Commission or the commission appointed to investi-
gate the construction of the National Transcontinental Railway, between the Govern-
ment or any member or official thereof, and any official of the Grand Trunk Pacific
Railway Company ; and also of all correspondence between any member or official of
either the above named commissions and the Justice Department, concerning the said
matter. Presented February 19, 1914. — Mr. Graham Not printed.

139. Return to an Order of the House of the 16th February, 1914, for a return showing the

names, salaries and grades of the private secretaries of the members of the Liberal
Government on October, 1911 ; the names of the private secretaries employed from
time to time by the members of the present Government, and the salary and grade of
each. Presented February 19, 1914. — Mr. Murphy Not printed.

140. Return to an Order of the House of the 9th February, 1914, for a return showing how

many woollen industries are operated in the country ; where situated, in which prov-
ince, and in what city, town or village ; the number of hands employed in each, and
the output for each during 1913. Presented February 19, 1914. — Mr. Verville.

Not printed.

141. Return to an Order of the House of the 2nd February, 1914, for a return showing the

number, location, and mileage of rural mail routes established in Bonaventure County
from October, 1911, to date, if any ; together with a copy of all applications, memorials,
reports and correspondence generally on this matter. Presented February 23, 1914. — ■
Mr. Marcil (Bonaventure) Not printed.

141a. Return to an Order of the House of the 2nd February, 1914, for a return showing a
tabulated statement of the number of rural mail delivery routes opened since 1911,
including the number of boxes used ; also the new mail delivery contracts necessitated
by the establishment of said routes in each county, not already moved for. Pre-
sented February 23, 1914. — Mr. Lemieux Not printed.

141b. Return to an Order of the House of the 19th February, 1914, for a return showing the
number of rural mail delivery routes which have been established in Nova Scotia, and
their names ; and if any of the routes are provided with a daily service. Presented
March 2, 1914. — Mr. Sinclair Not printed.

62

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

141c. Return to an Order of the House of the 18th February, 1914, for a copy of all docu-
ments, petitions, letters, telegrams, &c., exchanged between any one and the Post Office
Department, in connection with the establishing of a rural mail service in the Parish
of Ste. Marguerite de Blairflndie, County of St. Johns and Iberville, and of all docu-
ments, letters and telegrams, &c., relating to the contracts for the conveyance of rural
mail in said parish. Presented April 29, 1914. — Mr. Demers Not printed.

\^\d. Return to an Order of the House of the 20th April, 1914, for a return showing: — •

1. Whether the rural postal delivery service has been started in the County of
Quebec? If so, when and in what parishes of said county?

2. Whether public tenders have been advertised for such service? If so, when,
how many were received and from whom, the amount of each tender, and what tender
was accepted?

3. The price of the accepted tender, the name of the tenderer, the condition or
conditions of payment, and the length of the contract. Presented April 30, 1914. —
Mr. Lachance Not printed.

141e. Return to an Order of the House of the 6th April, 1914, for a copy of all letters, peti-
tions and documents relative to the establishment of a rural mail delivery route from
New Glasgow through Mount W^illiam, Granton and Abercrombie, County of Pictou.
Presented May 8, 1914. — Mr. Macdonald Not printed.

141/. Return to an Order of the House of the 4th March, 1914, for a copy of all correspond-
ence, telegrams, petition, recommendation and other documents relating to the estab-
listment of the rural mail service in the parish of St. Theodore d' Acton. Presented
May 16, 1914.— ikfr. Marcil (Bonaventure) Not printed.

141 (.&). Return to an Order of the House of the 11th February, 1914, for a copy of all peti-
tions, letters, telegrams and other papers relative to the establishment of rural mail
delivery routes in the County of Pictou since January 1, 1912, together with the num
ber of said routes, the carriers on each route, the tenders received in each case for
the seivice. a copy of the correspondence in relation to said tenders and their accept-
ance, and the post offices closed or to be closed as the result of the establishment of
said routes. Presented June 12, 1914.— ikf?'. Macdonald Not printed.

142. Return to an Order of the House of the 2nd February, 1914, for a return showing what

new post offices have been established in the County of L'Islet since 1911 ; the names
of the officer in charge of each of them ; the revenue brought ; the expenses incurred
by these offices, including the salary and fees of the postmaster and charges for the
conveyance of the mails ; if these officers have been asked for by opetitions of the
interested ratepayers, and if so, by whom ; the quantity of letters and other postal
matters that have passed through each of these offices since they have been established.
Presented February 23, 1914. — Mr. Lapointe (Kamouraska) Not printed.

142a. Return to an Order of the House of the 30th March, 1914, for a copy of all documents,
papers, petitions, correspondence, reports, &c., in connection with the opening of a post
office under the name of Giasson in the parish of St. Aubert, County of L'Islet. Pre-
sented April 22, 1914. — Mr. Lapointe (Kamouraska) Not printed.

143. Return to an Order of the House of the 2nd February, 1914, for a return showing the

names and addresses, with rank or occupation, of all persons who accompanied the
Minister of Milit:a and Defence to the Old country and Europe during the summer of
1913, and whose expenses were paid wholly or in part by the Dominion Government,
or who were paid salary or allowance during such time, with the amount paid to each
person. Presented February 23, 1914. — Mr. Carvell Not printed.

144. Return to an Order of the House of the 11th February, 1914, for a copy of all corre-

spondence, telegrams and other papers to be found in the Department of the Naval
Service in connection with the death and burial, at Montreal, of Joseph LeBlanc, a
sailor on D.G.S. Canada. Presented February 23, 1914. — Mr. Sinclair. .Not printed.

145. Return to an Order of the House of the 2nd February, 1914. for a copy of all tenders

received for the construction of a salmon hatchery on Nipissiguit river, Gloucester

County, N.B.. and of the contract awarded. Presented February 23, 1914. Mr. Tur-

Seon j^ot printed.

146. Return to an Order of the House of the 9th April, 1913, for a copy of all correspondence,

telegrams, petitions, affidavits, certificates, reports, complaints and other documents,
relating to the resignation of Mr. M. C. Blais, recruiting officer of the Department of
Marine and Fisheries from the Government shipyards at St. Joseph de Sorel, and to
the appointment of Mr. F. P. Vanasse to this office. Presented February 23, 1914. —
Mr. Cardin Not printed.

4-5 George V. Alphabetical Index to Sessional Papers. A, 1914

CONTENTS OF VOLUME 2S— Continued.

147. Return to an Order of the House of the 9th February, 1914, for a copy of all correspond-
en:e, letters, telegrams, and other documents relating to industrial disputes during the
y^ar 1913, between the operators and employees of any of the companies operating coal
mines on Vancouver Island, and disturbances arising out of the same ; and of any cor-
respondence, either before or since the year 1913, with respect to any of the said dis-
putes. And in particular of all correspondence, letters, telegrams, and other documents
to or from the Prime Minister, the Honourable the Minister of Labour or any of the
officers of the Department of Labour, respecting attempts at conciliation in connection
with these disputes, and to or from the Honourable the Minister of Militia, or any offl-
cers of the Department of Militia and the Honourable the Minister of Justice, or any
ofhcers of the Department of Justice, respecting the calling out and services of the
militia in connection with said disputes; and a statement of the arrests made and of
convictions, if any, for infringement of the laws. Also a copy of the evidence taken
and reports of investigations made by the Honourable the Minister of Labour, Mr.
Samuel Price, Commissioner appointed by the Department of Labour, and of the Deputy
Minister of Labour ; together with a detailed statement of the expenses of all such
investigations and expenses otherwise incurred by any of the Departments of the Gov-
ernment in consequence of said disputes or difficulties arising otit of same. Presented
February 23, 1914. — Sir W. Laurier Not printed.

147a. Return to an Address to His Royal Highness the Governor General of the 2nd February,
1914, for a copy of all correspondence, letters, telegrams and reports that have been
exchanged between the Government and the strikers and operators of coal mines in
British Columbia since the beginning of the strike until the present ; also a copy of all
Orders in Council in connection with said strike. Presented February 23, 1914. — Mr.
Verville Not printed.

147b. Supplementary Return to an Order of the House of the 9th February, 1914, for a copy
of all correspondence, letters," telegrams, and other documents relating to industrial
disputes during the year 1913, between the operators and employees of any of the
companies operating coal mines on Vancouver Island, and disturbances arising out of
the same ; and of any correspondence, either before or since the year 1913 with respect
to any of the said disputes. And in particular of all correspondence, letters, telegrams,
and other documents to or from the Prime Minister, the Honourable the Minister of
Labour or any of the officers of the Department of Labour, respecting attempts at con-
ciliation in connection with these disputes, and to or from the Honourable the Minister
of Militia, or any officers of the Department of Militia and the Honourable the Minister
of Justice, or any officers of the Department of Justice, respecting the calling out and
services of the militia in connection with said disputes ; and a statement of the arrests
made and of convictions if any, for infringement of the laws. Also a copy of the evi-
dence taken and reports of investigations made by the Honourable the Minister of
Labour, Mr. Samuel Price, Commissioner appointed by the Department of Labour, and
of the Deputy Minister of Labour ; together with a detailed statement of the expenses
of all such investigations and expenses otherwise incurred by any of the Departments
of the Government in consequence of said disputes or difficulties arising out of same.
Presented February 24, 1914. — Sir Wilfrid Laurier Not printed.

148. Regulations, approved by Order in Council , dated the 19th day of January, 1914, for the
disposal of petroleum and natural gas rights, the property of the Crown in Manitoba,
Saskatchewan, Alberta, the Northwest Territories, the Yukon Territory, the Railway
Belt in the Province of British Columbia, and within the tract containing three and
one-half (3i) million acres of land acquired by the Dominion Government from the
Province of British Columbia, and referred to in subsection (&) of section 3 of the
Dominion Lands Act. Presented by Hon. Mr. Roche, February 23, 1914.

Not printed.

149.Regulations in regard to grazing leases of vacant Dominion lands, &c. Presented by Hon.
Mr. Roche, February 23, 1914 Not p7-inted.

150. Return to an Order of the House of the 9th February, 1914, for a return showing the

amounts in detail paid to Ward Fisher, of Shelburne, N.S., fl.shery inspector, for the years
1912 and 1913 for salary, office expenses, travelling expenses, and all other expenses.
Presented February 24, 1914. — Mr. Maclean (Halifax) Not printed.

151. Return to an Order of the House of the 2nd February, 1914, for a copy of the report of

operations at the fishery hatchery at Port Daniel West, for the year 1913. Presented
February 24, 1914. — Mr. Marcil (Bonaventiire) Not printed.

152. Return to an Order of the House of the 18th February, 1914. for a copy of all corre-

spondence, investigations or other documents respecting the loss of a horse killed on
the Intercolonial, on the 10th of September last, tlie property of Johnny Roy, of
Amqui. Presented February 24, 1914. — Mr. Boulay Not printed.

64

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CCTSTTENTS OF VOLUME 2S— Continued.

153. Return to an Order of the House of the 16th February, 1914, for a return showing the

increase in freight rates on live-stock, including horses, carried over the Intercolonial
Railway, by the tariff effective May 1, 1913, as compared with the tariff effective
April 15, 1900, for the following distances, respectively: —
Over 5 and not over 10 miles.

" 10 " •' 15

" 15 " " 20

" 20 " " 25

" 25 " " 30 *•

.. 30 .. .. 4Q

"40 " " 50

" 50 " •' fiO '•

" 60 " " 70 "

" 70 " " 80 "

" SO " " 90 "

" 90 " " 100 "

" 100 " " 110

" 110 " " 120 "

" 120 " " 130 "

•' 130 " " 140 "

" 140 " •' 150

" 150 " " 160

Presented February 24, 1914. — Mr. Kyte Not printed.

154. Return to an Order of the House of the 9th February, 1914, for a copy of all correspond-

ence, letters, telegrams, and other documents relative to the report and recommenda-
tions of the Board appointed under the Combines Investigation Act to investigate the
methods adopted by the United Shoe Machinery Company. Presented February 24,
1 914. — Sir Wilfrid Laurier Not printed.

155. Return to an Address to His Royal Highness the Governor General of-'the 2nd February,

1914, for a copy of memorandum of agreement between the Canadian Government rail-
ways and the Canadian Pacific Railway Company, covering the transportation of freight
and passenger.s between Halifax and St. John over the Intercolonial Railway, in con-
nection with the Canadian Pacific and Allan Line Steamships, carrying British mails,
making Halifax the terminal port ; also of all agreements. Orders in Council, petitions,
memorials, regulations or orders of the Department of Railways and Canals, or of
any officer or officers of the Intercolonial Railway ; of letters or other correspondence,
interviews with the Prime Minister and other member or members of the Government,
and representations to the Prime Minister, or other member or members of the Govern-
ment, in any inanner relating to the said memorandum of agreement ; and of all tele-
grams and letters received by the Government, or any member thereof, or sent by
them, either in reply or otherwise ; also of all letters, telegrams, representations or other
documents relating to the said agreement or in any way connected therewith, received
by F. P. Gutelius, the General Manager of the Intercolonial Railway, from the Can-
adian Pacific Railway, or from any corporation, persons or body, or sent by him, in
reply thereto or otherwise, to the said Canadian Pacific Railway or to any other cor-
poration, body or person. Presented February 24, 1914. — Mr. Emmerson. .Not printed.

156. Return to an Address to H>b Royal Highness the Governor General of the 9th February,

1914, for a copy of all Orders in Council since the 1st of June last in any way altering
the rates of duties existing under the Customs Act. Presented February 24, 1914. —
Hir Wilfrid Laurier Not printed.

157. Correspondence, statements, &c., in respect to certain proposed advances to the Harbour

Commissioners of Montreal, for expenditure during the years 1914, 1915, 1916 and 1917.
Presented by Hon. Mr. Hazen, February 27, 1914 Not printed.

158. Memorandum of proposed harbour improvements to be made by the Harbour Commis-

sioners of Quebec during 1914, out of certain proposed advances to be made to the said
commission. Presented by Hon. Mr. Hazen, February 27, 1914 Not printed.

159. Return to an Order of the House of the 2nd February,' 1914, for a copy of all papers,

correspondence, telegrams, &c., between the Department of Trade and Commerce and
any person or persons, companies or corporations, In the years 1912 and 1913, respect-
ing a steamship service between St. John, N.B., and Bear River, N.S., and intermediate
points, and the matter of the payment of a subsidy therefor. Presented March 2, 1914.
— Mr. Maclean (Halifax) Not printed.

160. Return to an Order of the House of the 2nd February, 1914, for a copy of the reports

made by the proprietors of the steamer Canada, on which the subsidy was paid to
them for the season of 1913, for the service between Campbellton, N.B., and Gaspi?,
Que. ; together with a copy of all complaints regarding the said service and of the corre-
spondence, reports and documents in the possession of the Department of Trade and
Commerce in that connection in the said year. Presented March 2, 1914. — Mr. Marcil
< Bonaventure) Not printed.

63433—5 65

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

161. Return to an Order of the House of the 4th February, 1914, for a return showing what

sum or sums of money, If any, have been expended by the Government since the 21st
of September, 1911, in the County of Wright, Quebec, and how such money has been
expended. Presented March 2, 1914. — Mr. Devlin Not printed.

162. Return to an Order of the House of the 26th February, 1914, for a return showing: —

1. How many temporary cle«-ks were employed in the Library of Parliament during
the Sessions of 1911-1912 and 1912-1913, their names and the salary paid to each for
such seivice, and the total so paid?

2. How many temporary clerks are at present so employed, their names and salaries
respectively?

3. If any temporary clerks were employed in said library, during the Session of
1910-1911 ; if so, how many?

4. What was the then number of permanent clerks in the library, and the present
number of temporary clerks employed in said library?

5. Why temporary clerks are employed in said library In positions superior to and
at higher pay than that paid to permanent clerks? Presented March 3, 1914. — Mr.
Turgeon •. Not printed.

163. Return to an Address to His Royal Highness the Governor General of the 2nd February,

1914, for a copy of all correspondence, telegramS, memoranda. Orders in Council,
instructions to officers, regulations and otlier papers and documents relating to a change
in the regulations governing the fishing of salmon in the St. John River, above tidal
water. Presented March 3, 1914. — Mr. Sinclair Not printed.

164. Return to an Order of the House of the 2nd February, 1914, for a copy of all letters, tele-

grams and correspondence in any way relating to the appointment of men in any way
connected with the salmon fishing pond at Margaree during the year 1913. Presented
March ^, 1914. — Mr. Chisholm (Inverness) Not printed.

165. Return to an Order of the House of the 2nd February, 1914, for a copy of all tenders

received in 1912 for the construction of a breakwater at Green Point, Gloucester County,
N.B., and of all correspondence, letters and telegrams showing why the contract was
not awarded to lowest tenderer. Presented March 3, 1914. — Mr. Turgeon. .Not printed.

166. Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-

ence, letters, telegrams, &c., touching in any way the work done on Lingan Beach,
South Cape Breton, under Superintendent H. D. McLean. Presented March 3, 1914.^
Mr. Carroll Not printed.

167. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,

advertisements, tenders, bids, contracts, reports, vouchers, accounts, receipts, correspond-
ence, &c., in connection with a wharf recently constructed at Gold River, Lunenburg
County, N.S. Presented March 3, 1914. — Mr. Maclean (Halifax) Not printed.

168. Return to an Address to His Royal Highness the Governor General, of the 9th February,

1914, for a copy of all documents. Orders in Council, correspondence, telegrams, tenders,
accounts, vouchers, part, &c., in connection with the construction of a bridge or work be-
tween the mainland and an island, known as Boutilier's island, at South West Cove,
Lunenburg County, N.S. Presented March 3, 1914. — Mr. Maclean (Halifax). .Not printed.

169. Return to an Order of the House of the 9th February, 1914, for a copy of all advertise-

ments, tenders, contracts, documents, letters and correspondence relating to the supply
of coal for the Government public buildings at Lunenburg, N.S. Presented March 3,
1914. — Mr. Macdonald Not printed.

170. Return to an Order of the House of the 2nd February, 1914, for a comparative statement

of the quantity of cubic yards of dredging done by the Restigouche, or dredge No. 3,
on the outside bar of Bathurst Harbour, during the seasons of 1910, 1911, 1912 and

1913. Presented March 3, 1914. — Mr. Turgeon Not printed.

170«- Return to an Order of the House of the 2nd February, 1914, for a copy of all tenders
received for the dredging in Bathurst Harbour, and of the contract awarded. Presented
March 3, 1914. — Mr. Turgeon Not printed.

noli. Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-
ence, letters and telegrams relating to the deposit of sand and mud dumped into the
southwestern channel by the contractors of dredging in Bathurst Harbour. Presented
March 3, 1914. — Mr. Turgeon Not printed.

nX, Return to an Address to His Royal Highness the Governor General of the 9th February,

1914, for a copy of all correspondence, telegrams, petitions and memorials received by
the Right Honourable R. L. Borden, Premier of Canada, or the Minister of Railways
and Canals, from J. A. Gillies, Esq., Sydney, N.S., or from any resident of the County
of Richmond, N.S., relative to the purchasing of the Cape Breton Railway by the Gov-
ernment and the building of a line of railway from St. Peters to Sydney and Louisburg,
and of replies thereto. Presented March 3, 1914. — Mr. Kyte Not printed.

66

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS or VOLUME 2S— Continued.

172. Return to an Order of the House of the 2nd February, 1914, for a return showing: —

1. The names of all proprietors from whom land and property have been expro-
priated for the purpose of the Halifax Ocean Terminals between Three Mile House and
the proposed site of the railway and shipping terminals?

2. The price or amount of damages paid therefor, or the amount offeerd and
accepted in the case of each proprietor?

3. The amount offered or tendered each proprietor for damages and which has not
been accepted.

4. The" quantity of land and nature of property so expropriated from each pro-
prietor. Presented March 3, 1914. — Mr. Maclean (.Halifax) Not printed.

172a. Return to -an Order of the House of the 2nd February, 1914, for a copy of all advertise-
ments, tenders, papers, documents, letters and correspondence relating to the construc-
tion of the railway from Three Mile House at Bedford Basin to Halifax Harbour, and
also to the piers or wharfs and sea walls in connection with the proposed Halifax Ocean
Terminals. Presented March 16, 1914. — Mr. Maclean (Halifax) Not printed.

173. Return to an Order of the House of the 2nd February, 1914, for a copy of all agreements,

coiTespondence, papers and documents referring to any arrangement made between the
Intercolonial Railway of Canada and the Canadian Pacific Railway in the year 1913,
relating to the hauling of Canadian Pacific Railway freight and passenger trains be-
tween St. John and Halifax, connecting with any transatlantic steamship lines at Hali-
fax, during the winter season of 1913-14. Pi-esented March 4, 1914. — Mr. Maclean (Hali-
fax) Not printed.

174. Return to an Order of the House of the 20th January, 1913, for a copy of all recommenda-

tions, correspondence, letters, telegrams and reports now on file in the Department of
Justice, relating to the vacancy in the office of deputy warden of the Dorchester peni-
tentiary, and the appointment of a successor to Mr. A. B. Pipes, who was promoted from
the position of deputy warden of Dorchester penitentiary to that of warden. Presented
March 4, 1914. — Mr. Emmerson Not printed.

175. Correspondence between the City of Ottawa and the Government, on the subject of a pure

water supply for the city and Government buildings. Presented by Hon. Mr. Borden.
March 4, 1914 Not printed.

176. Return to an Order of the House of the 2nd February, 1914, for a copy of all letters, corre-

spondence, telegra.ms and all other documents between the Department of Railways
and Canals and Archer, Macdonald, E. Montpetit. C. A. Harwood, and A. Marceau, local
engineer, St. Amour, Superintendent of the Canal of Soulanges, L. A. Sauve, and others,
respecting the tearing down of several houses and dependencies erected on the Govern-
ment grounds at Pointe Cascades, the property of the said L. A. Sauv6. Presented March
5, 1914. — Mr. Boyer Not printed.

177. Return to an Order of the House of the 23rd February, 1914, for a copy of all agreements

between the Transcontinental Railway Commission and the Canadian Northern Railway
for the use of the line of the said company by the trains of the Transcontinental Rail-
way from Cap Rouge to the shops at St. Malo. Presented March 5, 1914. — Sir Wilfrid
Laurler Not printed.

178. Return to an Order of the House of the 23rd February, 1914, for a copy of all correspond-

ence between the Minister of Railways or the Transcontinental Railway Commission
and the Quebec Harbour Commission, with regard to the construction by the said Har-
bour Commission of a line of railway to connect the said Transcontinental Railway from
Champlain Market with the proposed Union Station at the Palais, and of all contracts
by the said Harbour Commission towards that end. Presented March 5, 1914. — Sir
Wilfrid Laurier Not printed.

179. Return to an Order of the House of the 9th February, 1914, for a copy, of all advertise-

ments, tenders, contracts and correspondence in connection with the proposed New
London Branch of the Prince Edward Island Railway. Presented March 5, 1914. — Mr.
Graham Not printed.

180. Return to an Order of the House of the 4th February, 1914, for a return .showing the total

amount of available cash on deposit to the credit of the Government of Canada on the
last day of each month between April 1, 1913, and December 31, 1913. Presented
March 5, 1914. — Mr. Maclean (Halifax) Not printed.

181. Return to an Order of the House of the 4th February, 1914, for a return showing the

following particulars respectively, of all loans placed or extended by the Government
of Canada, upon the London market during the calendar years 1912 and 1913 : Loan,
date and copy of prospectus ; price in prospectus and price realis^ed ; date on which loan
matures ; rate per cent ; total issue ; amount realized ; charges including discount for
immediate payments, &c. ; net amount of cash realized ; and the annua! effective rate
of interest per unit. Presented March 5, 1914. — Mr. Maclean (Halifax) . . . .Not printed.

63433— 5i ^ 67

4-5 George Y, Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

182. Return to an Order of the House of the 9th February, 1914, for a return showing the

number of farm labourers and public servants respectively, placed by the Government
employment agents during- the years 1912 and 1913 ; also the counties where placed and
amount of bonus paid. Presented March 6, 1914. — Mr. Sutherland Not printed.

183. Return to an Order of the House of the 26th February, 1914, for a return showing: —

1. "What chartered banks in Canada have gone into liquidation since Confederation,
and at what date in each case ;

2. The loss in each case to the depositors, the note holders and the stockholders
respectively ;

3. What relief, if any, was given in each case by the Government to any of the
parties suffering loss. Presented March 6, 1914. — Mi: Neely Not printed.

184. Retuin to an Order of the House of the 11th F'ebruary, 1914, for a return showing the

number of binders, reapers, mowers, ploughs, seeders, and cultivators exported from
and imported to Canada, with their value respectively, in each of the years 1910, 1911,
1912 and 1913. Presented March 6, 1914. — Mr. Neely Not printed.

185. Return to an Order of the House of the 23rd February, 1914, for a return showing the

number of cattle exported from Canada to the United States in the months of October,
November and December, 1913, and January, 1914, and for the corresponding months
in 1912 and 1913. Presented March 6, 1914. — Mr. Maclean (Halifax) ... .Not printed.

186. Return to an Order of the House of the 23rd February, 1914, for a return showing the

quantities and varieties of fish exported from Canada to the United States in the months
of October, November and December, 1913, and January, 1914, and for the correspond-
ing months in 1912 and 1913. Presented March 6. 1914. — Mr. Maclean {Halifax).

Not printed.

187. Return to an Order of the House of the 26th February, 1914, for a return showing: —

1. Who were, from incorporation, and who are, the officers and directors of the
Grand Trunk Pacific Railway Company ;

2. The amourit of capital stock of said company, the amount paid up, and who are
the holders of such paid up stock, and the amount held, and still held, by each;

3. If this company, or a subsidiary company, has contracted to build any portion
of the National Transcontinental Railway ; and, if so, the total amount of their con-
tracts for such work ;

4. What portion of such contracts or work was sublet, and on such sublet contracts
what profit was made by the said company. Presented March 6, 1914. — Mr. Middlcbro.

Not printed.

188. Report of the Board of Inquiry appointed to investigate and verify the claims of appli-

cants for Fenian Raid Volunteer Bounty in the Province of Nova Scotia. Presented by
Hon. Mr. Hughes. March 9. 1914 Not printed.

188«- List of applicants, in Nova Scotia, for the Fenian Raid Volunteer Bounty whose claims
have been approved. — Liist of Fenian Raid Volunteer Bounty applicants, in Nova Scotia,
received to December 31. 1913. but not yet considered. Presented by Hon. Mr. Hughes,
March 9. 1914 Not printed

189. Return to an Order of the House of the 12th February, 1914, for a return showing what

was the local minimum rate of freight on small parcels on the Intercolonial Railway
prior to October 10, 1911, and also the present rate on the same. Presented March 9,
1914. — Mr. Sinclair Not printed.

190. Return to an Order of the House for a copy of all correspondence, reports, evidence taken,

and of all other papers in the possession of the Minister of Railways and Canals, relat-
ing to the investigation recently held by Mr. Ferguson, ML. A., concerning the affairs
of the Trent Valley Canal. Presented March 9, 1914. — Mr. Burnham.

Report only printed for distributio7i and sessional papers.

191. Return to an Order of the House of the 16th February, 1914, for a copy of all papers

necessary to convey full information as to the charter, outfit and instructions of the
Karluk and auxiliary vessels ; the nanies, rank, pay and terms of engagement of their
officers and crews ; and of all communications received from Mr. V. Steffansson, or any
other person who has received such a communication, written after the expedition
sailed for the Arctic Ocean. Presented March 10, 1914. — Mr. Oliver Not printed.

192. Return to an Order of the House of the 2nd February, 1914, for a return showing the

number of towns in the Province of Ontario wliich have a population larger than the
town of Chesley, South Riding of Bruce, which was 1,734, according to the last census;
also the number of such towns served by letter boxes on the street. Presented March
10, 1914. — Mr. McCraney Not printed.

193. Return to an Order of the House of the 2nd February, 1914, for a return showing the

names of the promoters of the National Drop E'orge Company, Limited, and the powers
asked by and given to said company by letters patent. Presented March 10, 1914. —
Mr. Lemieux Not printed.

US

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

194. Return to an Order of the House of the 2nd February, 1914, for a return showing the

names of the promoters of the Canadian Contracting Company, and the powers asked
by and given to said company by letters patent. Presented March 10, 1914. — Mr.
Lemieux j^ot printed.

195. Return to an Order of the House of the 4th February, 1914, for a copy of all papers,

letters, telegrams, reports, inquiries and documents or other communications had with
any of the Departments of the Government, particularly with the Interior, Customs and
Marine and Fisheries Departments, relating to Gustavas A. Colpitts, a Canadian citizen
returning as a passenger on the Royal Mail Steamship Empress of Britain, in September,
1911, who alleged that he was not allowed by officers of the Government to disembark
at Rimouski from said steamship. Also a copy of all letters, correspondence or other
communications received by any members of the Government, particularly by the
M nister of Marine and Fisheries, and by any Department of the Government, from the
said Gustavas A. Colpitts, who was at the time a student at Mount Allison University,
Saekville, New Brvmswick, and of all letters or other communications sent in reply
thereto. Presented March 10, 1914. — Mr. Emmerson Not printed.

196. Numl^er of Chinamen entering Canada during years 1911-12-13, &c. — (Senate.).

Not printed.

197. Return to an Order of the House of the 23rd February, 1914, for a copy of all letters,

papers, plans, correspondence, memoranda and other documents relative to the shorten-
ing ot (Jistaiices on the Intercolonial Railway between Pictou and Port Mulgrave, and
to the construction of a new bridge at Pictou- in connection therewith. Presented
March 12, 1914. — Mr. Macdonald Not printed.

198. Return to an Order of the House of the 23rd February, 1914, for a copy of all letters,

telegrams, correspondence, leases and other documents relating to the cutting of lumber
by Mr. B. F. Smith from the so-called Tobique Indian reserve, in the Province of New
Brunswick, and of all recommendations with reference thereto, made by the Indian
agent for that portion of the Province, or any other official of the Department in the
said Province ; together with a statement of the lumber cut by said Smith from said
reserve, with the rates of stumpage charged and amounts paid since January 1, 1912.
Presented March 12, 1914. — Mr. Carvell Not printed.

198«. Return to an Order of the House of the 23rd February, 1914, for a copy of all corre-
spondence, letters, telegrams, memorials, petitions, &c., relating to the sale or transfer
of the Indian reserve at Sydney, N.S., and the removal of the Indians therefrom. Pre-
sented March 17, 1914. — Mr. Kyte Not printed.

1986. Return to an Order of the House of the 23rd March, 1914, for a copy of all the instruc-
tions is.sued to C. P. Fullerton and Fawcett Taylor, or either of them, in reference to
the St. Peter's Indian reserve. Presented April 8, 1914. — Mr. Oliver . .... .Not printed.

199. Return to an Order of the House of the 11th February, 1914, for a copy of all corre-

spondence, letters, telegrams and other documents relative to the purchase for the Inter-
colonial Railway of a quantity of coal in the United States, within the past few months.
Presented March 12, 1914. — Mr. Macdonald Not printed.

199a- Return to an Order of the House of the 2nd February, 1914, for a return showing:

1. When the Intercolonial Railway and the Prince Edward Island Railway last
called for tenders for its coal supply, and when the tenders were returnable?

2. The number of tenders received, the names of the tenderers, and their respec-
tive prices?

3. The date of the last contract or contracts for coal for the Intercolonial Railway,
and who was the contractor or contractors respectively?

4. The names of the successful tenderers, as the result of the last call for tenders,
and their prices respectively?

5. The amount in tons of the contract made with each, and at what prices per ton
respectively?

6. If any coal was purchased for the Government system of railways in the United
States since March 31, 1913? If so, by whom, from whom, and through whom it was
purchased, and at what price, the cost per ton delivered, inclusive of commissions to the
railways. Presented March 18, 1914. — Mr. Emmerson Not printed.

199b. Return to an Order of the House for a return showing whether the Government has pur-
chased any coal, freight or passenger cars during the past six months for the Inter-
colonial Railway ; if so, from whom and in what quantity ; the price paid in each case ;
If any tenders were called for the same ; who the tenderers were and the amount of
each tender. Presented April 6, 1914. — 3Ir. Macdonald Not printed.

200. Return to an Order of the House of the 4th March, 1914, for a return showing the freight

rates on flour, hny, oats, lumber and firewood per 100 lbs. or per ton, between Bathurst,
N.B., and Nepisiguit Junction, Red Pine, Bartibogue, Beaver Brook, and between
Bathurst, Berresford, Petit Rocher and Belledune, before the changes made in August,
1913, and the freight rates on the same articles, between the same points, under the

new schedule of rates. Presented March 16,1914. — Mr. Turgeon Not printed.

69

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

201. Return to an Order of the House of the 11th February, 1914. for a copy of all contracts,

accounts, bills, memoranda, letters, correspondence, receipts, vouchers, bills of ladmg,
&c., referring to all materials, provisions, supplies and goods of every description pur-
chased and forwarded to Port Nelson during the year 1913, by any Department of the
Government of Canada, and agreements for employment of workmen in connection with
the construction of the Hudson Bay Railway terminals at Port Nelson. Presented March
18, 1914.— J/r. Maclean (Halifax) -^o* printed.

202. Return to an Order of the House of the 9th February, 1914, for a copy of all papers,

letters or other correspondence, instructions, reports, valuations, appointment of
valuators, or appraisers, appraisements, abstracts of titles, deeds or other conveyances,
in any Department of the Government or in the railway offices at Moncton, relating to,
or in any manner connected with, the purchase by the Intercolonial Railway of a prop-
erty in Moncton, N.B., at the corner of Archibald and Main streets in said city, form-
erly owned in his lifetime by the late P. S. Archibald, C.E., and now occupied by the
General Superintendent of the Intercolonial Railway, F. P. Brady, as a residence ;
together with a copy of all bills, accounts and statement of expenditures for repairs
made on the buildings of said property ; and also of accounts, commissions and bills
paid to solicitors, attorneys or other agents, for searches, conveyances, and a statement
of all moneys paid for charges and expenses in connection with such purchase or the
procuring of a deed of said property? Presented March 16, 1914. — Mr. Emmerson.

Not printed.

202a- Supplementary Return to an Order of the House of the 9th February, 1914, for a
copy of all papers, letters or other correspondence, instructions, reports, valuations,
appointment of valuators, or appraisers, appraisements, abstracts of titles, deeds or
other conveyances in any department of the Government or in the railway offices at
Moncton, relating to, or in any manner connected with, the purchase by the Inter-
colonial Railway of a property in Moncton, N.B., at the corner of Archibald and Main
streets in said "city, formerly owned in his lifetime by the late P. S. Archibald, C.B.,
and now occupied by the General Superintendent of the Intercolonial Railway, F. P.
Brady, as a residence ; together with a copy of all bills, accounts and statement of
expenditures for repairs made on the buildings of said property ; and also of accounts,
commissions and bills paid to solicitors, attorneys or other agents, for searches, con-
veyances, and a statement of all monies paid for charges and expenses in connection
with such purchase or the procuring of a deed of said property. Presented March 26,
1914. — Mr. Emmerscm Not printed.

202?'- Further Supplementary Return to an Order of the House of the 9th February, 1914, for a
copy of all papers, letters or other correspondence, instructions, reports, valuations,
appointment of valuators, or appraisers, appraisements, abstracts of titles, deeds or
other conveyances in any department of the Government or in the railway offices at
Moncton, relating to, or in any manner connected with, the purchase by the Inter-
colonial Railway of a property in Moncton, N.B., at the corner of Archibald and Main
streets in said city, formerly owned in his lifetime by the late P. S Archibald, C.E.,
and now occupied by the General Superintendent of the Intercolonial Railway, F. P.
Brady, as a residence ; together with a copy of all bills, accounts and statement of
expenditures for repairs made on the buildings of said property ; and also of accounts,
commissions and bills paid to solicitors, attorneys or other agents, for searches, con-
veyances, and a statement of all monies paid for charges and expenses in connection
with such purchase or the procuring of a deed of said property. Presented April 1,
1914. — Mr. Em inerson Not printed.

203. Return to an Order of the House of the 4th March, 1914, for a return showing the freight

rates under the. old tariff of the Intercolonial Railway, per 100 lbs. or per ton, on fresh,
dried and cured fish, molasses, coal oil, nails, hardware and anthracite coal from Glou-
cester Junction and Bathurst station to and from St. John, and the present rates for
the same articles between the same points. Presented March 17, 1914. — Mr. Turgeon.

Not printed.

204. Return to an Order of the House of the 23rd February, 1914, for a return showing all

smelt fishing licenses issued in the County of Pictou during the past season, and of all
correspondence in reference to the same. Presented March 17, 1914.— M?-. Macdonald.

Not printed.

2040- Supplementary Return to an Order of the House of the 23rd February, 1914, for a return
showing all smelt fishing licenses issued in the County of Pictou during the past season,
and of all correspondence in reference to the same. Presented April 17, 1914. — Mr.
Macdonald Not printed.

205. Return to an Order of the House of the 2nd February, 1914, for a copy of all documents

concerning the latest changes in the lobster fishing regulations at Magdalen Islands.
Presented March 17, 1914.— Jfr. Lemieux : Not printed.

70

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

206. Return to an Order of the House of the KUh February, 1914, for a copy of all correspond-

ence, telegrams, tenders and documents connected in any way with the supplying of
coal to the lobster hatchery at Margaree during the years 1910-1911, 1911-1912 1912-
1913 and 1913-1914. Presented March 17, 1914.— J/r. Chisholm (Antigonish).

Not printed.

207. Return to an Order of the House of the 16th February, 1914, for a copy of the charges

made against Mrs. Marguerite Fair, postmistress of Black Cape, Quebec, on which Mr.
Louis Tachg of Rimouslti, was authorized to hold an investigation, together with the

appeal of said investigation, if any was held. Presented March 17, 1914 Mr Marcil

{Bonaventure) ^ot 'printed.

208. Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-

ence, papers, documents, reports, &c., in connection with the proposed increase of mail
service from Shelburne, N.S., to Jordan Bay and Jordan Ferry and return since Octo-
ber 1, 1911. Presented March 17, 1914. — Mr. Maclean (Halifax) Not printed.

209. Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-

ence between the Post Office Department, or any official thereof, and any person or
persons, concerning the installation of street letter boxes in the village of Chesley, in
the riding of South Bruce. Presented March 17, 1912. — Mr. Graham Not printed.

210. Report of the Commission of Conservation of Canada on the Trent "Watershed Survey a

reconnaissance by C. D. Howe, Ph.D., and J. H. White, B.A., B.Sc. F., with an intro-
ductory discussion by B E. Fernow, LL.D Presented by Hon. Mr. Borden, March 19,

^^^4 Not printed.

210a. Conservation of coal in Canada. Report of Commission of Conservation. (Senate).

Not printed.

211. Copy of evidence taken before Mr. William Henry Moore, the commissioner appointed to

inquire into certain charges against Mr. Frank Fairen, store keeper on the Trent Canal,
sentation in the Senate, of the Western provinces of Canada. Presented by Hon Mr'
March 19, 1914 Not printed'.

212. Copy of the opinion of the Deputy Minister of Justice on the subject of increased repre-

sentation in the Senate, of ahe Western provinces of Canada. Presented by Hon Mr
Borden, March 19, 1914 Not printed.

212«. Copy of a resolution of the Legislative Assembly of the Province of British Columbia,
approved by His Honour the Lieutenant Governor in Council, in which application is
made to the Federal Government to increase the number of senators for the said
province. Presented by Hon. Mr. Borden, March 19, 1914 Not printed.

212&- Copy of opinion of the Assistant Deputy Minister of Justice on the subject of increased
representation in the Senate, of the prairie provinces of Canada. Presented by Hon
Mr. Borden, March 23, 1914 ^^^t printed.

213. Return to an Order of the House of the 9th March, 1914, for a copy of all papers and

correspondence in the Department of Customs regarding the entry of a boring mill at
Lethbridge, Alberta, shipped in Aug'^^t, 1913, by John Stirk and Company, and billed
to the Letiibridge Iron Works. Presented March 20, 1914. — Mr. Buchanan

Not printed.

214. Return to an Order of the House of the 16th March, 1914, for a copy of a petition dated

the 9th of July, 1911, signed by Etienne Barre, Joseph Trudeau and others, taxpayers
of the municipality of Chambly Basin, and addressed to the Minister of Justice, together
with a copy of all documents and vouchers attached to said petition, and of all corre-
spondence and other documents relating thereto. Presented March 23, 1914. — Mr.
Lamarche 2Vot printed.

215. Return to an Order of the House of the 2nd February, 1914, for a return showing where

the D.G. cruiser Margaret was built ; the names of the builders ; the contract price ;
whether the contract was awarded to the lowest tenderer ; the name and address of
each tenderer and amount of each tender ; if the Government or any department thereof
has contracted for any other vessel or vessels during the past eighteen months ; and if
so, the number of such vessels, the names and addresses of the contractors, the gross
tonnage of each and the contract price, and the service for which they were intended.
Presented March 23, 1914. — Mr. Sinclair Not printed.

216. Return to an Order of tlie House of the 2nd March, 1914, for a copy of all letters, tele-

grams or other correspondence in connection with the seizure of eleven (11) horses be-
longing to Mr. John M. Ferguson, Kaleida, Manitoba, on or about the 28th day of
March, 1912. Presented March 24, 1914. — Mr. Turriff Not printed.

217. Return to an Order of the House of the 4th February, 1914, for a return showing the

quantities and values of potatoes imported monthly into Canada during the years 1911,
1912 and 1913, and tlie countries from which such potatoes were imported. Presented
March 25, 1914. — Mr. Hughes (Kings, P.E.I.) Not printed.

71

4-5 Geoi^e V. Alphabetical Index to Sessioiuil Pai>ers. A. 1914

CONTENTS OF VOLUT'^, 2S—Conti7iued.

217«- Return to an Order of the House of the 2nd February, 1914, for a return showing the
quantities and values of potatoes exported monthly from each province of Canada, from
September 1, 1911, to January 1, 1914, and the countries to which the same were
exported. Presented March 25, 1914. — Mr. Carvell Not printed.

218. Return to an Order of the House of the 12th March, 1914, for a return showing how

many colonels, honorary colonels, lieut. -colonels, honorary lieut. -colonels, and other
officers, honorary and otherwise, have been appointed by the Minister of Militia and
Defence from October, 1911, to the present time. Presented March 25, 1914. — Mr.
Hughes {Kings, P.E.I.) Not printed.

218«- Return to an Order of the House of the 11th February, 1914, for a return showing the
number of honourary appointments to military rank which have been made by, or with
the approval of, tlie present Minister of Militia and Defence since he assumed office,
giving the names of the persons so appointed, and the rank of each. Presented April
1, 1914. — Mr. Murphy ' Not printed.

219. Kitsilano Indian reserve — relating to the purchase of by the Government of the Dominion

of Canada from the Province of British Columbia. — (Senate) Not printed.

220. Return to an Address to His Royal Highness the Governor General of the 9th March, 1914,

for a copy of all papers, documents, Orders in Council, correspondence, &c., in refer-
ence to the - suspension of Mr. Joseph McGillis of the Department of Customs,
Ottawa. Presented March 27, 1914. — Mr. Maclean (Halifax) Not printed.

221. Return to an Order of the House of the 2nd February, 1914, for a return showing the

names of all parties who have been employed at the Experimental Farm at Ste. Arme
de la Pocatiere during the years 1912 and 1913, and the salary and fees paid to each of
them. Presented March 30, 1914. — Mr. Lapointe (Karnouraska) Not printed.

222. Return to an Order of the House of the 9th February, 1914, for a return showing the

total number of veterinary inspectors employed by the Government in the slaughter
houses of the country ; how they are distributed in each Province ; the names of the
establishments they are connected with, and the number of officers in each of them ; if
the Government employ some others to supervise the health of the herds on the farms
besides the veterinary inspectors connected with the slaughter houses ; the number of
them, and how they are distributed in each Prov'nce ; the number of herds of both
cattle and hogs that have been submitted to inspection during the years 1911, 1912 and
1913 ; the number of animals in each Province slaughtered .after tuberculosis was
found in them ; if the Government paid indemnities to the owners on account of such
slaughtering, and if so, the amount in each Province ; the respective salaries of the
veterinary inspectors employed in the slaughter houses ; the working hours of those
officers ; the respective salaries paid to the veterinary inspectors employed for other
purposes ; the amount of the expenses of that branch of the Department of Agriculture
for the years 1911, 1912 and 1913 for internal managmeent, such as salaries, and the
salaries and expenses for each of the Provinces. Presented March 30, 1914. — Mr. Boyer.

Not printed.

223. Return to an Order of the House of the 23rd February, 1914, for a copy of the report of

George Lafontaine, received by the Department of Agriculture during the present fiscal
year, relating to the manufacture of chemical manure. Presented March 30, 1914. —
Mr. Boulay Not printed.

224. Return to an Order of the House of the 16th February, 1914, for a return showing. — -

1. Whether the Postmaster General has given a contract for rural parcel boxes ;
and, if so, to whom?

2. Whether tenders for the boxes were asked?

3. From whom tenders were received?

4. The price, if any, of the different tenders?

5. How many boxes were ordered, and at what price?

6. Whether the Postmaster General, since he came into office, has made a contract
for rural mail boxes, and, if so, when?

7. The amount of the contract?

8. Who the tenderers were, and the price, if any, of the different tenders?

9. Who received the contract, and the price paid per box?

10. How many boxes. If any, were ordered? Presented March 31, 1914. — Mr.
NesMtt Not printed.

225. Return to an Order of the House of the 23rd March, 1914, for a return showing the

rates of interest paid on all Dominion loans from 1890 to 1914. Presented March
31, 1914. — Mr. Pardee Not printed.

226. Return to an Address to His Royal Highness the Governor General, of the 9th March,

1914, for a copy of all correspondence since October, 1911, between the Government
of Canada, represented by the Department of Marine and Fisheries, of the one part,
and the Goverment of the United Kingdom, the Government of the United States, or
any other Government, of the other part, relating to steam trawling in Atlantic
wa.eii. Presented March 31, 1914. — Mr. Sinclair Not printed.

72

4-5 George Y. Alphabetical Index to Sessio.nal Papers. A; 1914

CONTENTS OF VOLUME 28— Continued.

227. Return to an Order of the House of the 11th February, 1914, for a copy of all lettei's,

telegrams, and written requests during the years 1912 and 1913, addressed to the
Department of Marine and Fisheries, or the Department of Naval Affairs, or any
oflfcer of either Department, or Marine branches of said department, or any ofRcer or
persons of either branch, by any person or persons, relating to proposals or requests
that the vessels or any vessel under the control of the Naval Branch of said Depart-
ment, should be present at any regatta or celebration of any description held any-
where on the Atlantic or Pacific Coasts of Canada during said years ; also of all
replies to such letters, telegiams and written requests. Presented March 31. 1914. —
Mr. Law Not printed.

228. Return to an Order of the House of the 9th March, 1914, for a copy of all correspond-

ence, memoranda and other documents relating to the moral, mental and physical
inspection of all immigrants entering Canada. Presented April 1, 1914. — Mr. Paquet.

Not printed.

229. Return to an Order of the House of the 16th March, 1914, for a copy of all orders,

renoits, applications, letters, telegrams and other documents connected with or in any
manner relating to the retirement of Amasa E. Killam, an official of the Intercolonial
Railway, from the employment of the said railway, and to his claim for a retiring
allowance, under the provisions of the Intercolonial and Prince Edward Island Rail-
way Employees' Provident Fund Act ; and also of all letters showing the date of his
beginning work in the service of the said railway and of his appointment to a posi-
tion in the employ of said railway on the first of April, 1897, or at any other date.
Also a copy of all instructions and letters from the then Minister of Railways to the
general manager or to any other official of the Intercolonial, relating to engagement
or employment of the said Amasa E. Killam, and of all letters, correspondence, instruc-
tions, reports, or other documents in any way relating thereto and to the engagement
of the said Amasa E. Killam, during the month of March, 1897, to take the position
of bridge and building inspector on the Intercolonial Railway, to commence work on
the first day of April, 1897. Presented April 1, 1914. — Mr. Emrnerson. . .Not printed.

230. Return to an Order of the House of the 23rd February, 1914, for a copy of all letters,

papers and other documents relating to the payments made at Skinners Cove, Pictou
County, for purchase of land or other rights in the year 1913. Presented April 2,
1914. — Mr. Macdonald Not printed.

231. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,

correspondence, telegrams, letters, pay rolls, accounts and vouchers in any way
referring to the expenditure of money by this Government for the public wharf at
Whycocomagh. Presented April 2, 1914. — Mr. Maclean {Halifax) Not printed.

231a. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,
advertisements, tenders, bids, contracts, reports, vouchers, accounts, receipts, corre-
spondence, &c., in connection with the construction of^ a wharf at Feltzen South,
Lunenburg County, N.S., now under construction or recently completed. Presented
April 2, 1914. — Mr. Chisholm (Inverness) Not printed.

231&- Return to an Order of the House of the 4th March, 1914, for a return showing: —

1. How much money was expended on the repairs to the wharf at South Gut,
Victoria County, during the summer of 1913?

2. How much on labour and how much on material, respectively?

3. Who was the foreman, by whom recommended, and his rate of wages per day?

4. How many days he was employed as foreman?

5. Plow many men he had working for him on the wharf each day, and the wages
paid each man?

6. How much was paid for material for the repairs, and where it was obtained?

7. From whom the material was purchased, the nature of it, and the price paid
per foot?

8. Who was the paymaster on this work and when the men were paid? Pre-
sented April 2, 1914. — Mr. McKenzie Not printed.

231c. Return to an Order of the House of the 9th February, 1914, for a return showing the
amount expended by the Government on wharfs, breal<wateis, public works and
dredging in the County of Yarmouth since October 11, 1911 ; and to whom the
amounts so expended were paid. Presented April 2, 1914. — Mr. Law. .. .Not printed.

231d. Return to an Order of the House of the 4th March, 1914, for a return showing: —

1. How much money was expended on repairs to the Englishtown wharf. County
of Victoria, in the summer of 1913?

2. How much on labour and how much on material, respectively?

3. Who was the foreman, by whom he was recommended, and his rate of wages
per day?

4. How many days he was employed as foreman?

5. How many men he had working for him on the wharf each day, and the wages
paid each man?

73

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTFATTS OF VOLUME 2S— Continued.

6. From whom the material was purchased, of what it consisted, and the price
paid per foot?

7. Who was the paymaster on this work, and when the men were paid?

S. When the worl< was begun and when completed? Presented April 2, 1914. —
Mr. McKenzie Not printed.

231e. Return to an Order of the House of the 3 6th February, 1913, for a copy of all letters,
telegrams, correspondence, pay-rolls, vouchers and documents of all kinds connected
in any way with repairs or extension of wharf at Finlay Point, Mabou, Inverness
County, during the year 1910-1911. Presented April 2, 1914. — Mr. Chisholm (Inver-
ness) Not printed.

231 f- Return to an Order of the House of the 4th March, 1914, for a return showing the
amount of timber used and the price paid for same in renewing and repairing the
wharf at Port Clyde, Shelbourne County, N.S. ; the amount of wages paid on same,
and to whom ; and the number and price of ballast poles used in the above work. Pre-
sented April 2, 1914. — Mr. Law Not printed.

Z3\0- Return to an Order of the House of the 12th May, 1913, for a copy of all papers, tele-
grams, documents, reports, correspondence, &c., in any way relating to a proposed
extension of a wharf or the construction of a new wharf at Finlay Point, Inverness
County, N.S. Presented April 2, 1914. — Mr. Chisliohn (Inverness) Not printed.

23l'i- Return to an Order of the House of the 26th May, 1913, for a copy of all papers, letters
and documents relating to the building of a wharf in the town of L'Assomption. Pre-
sented April 2, 1914. — Mr. Seguin Not printed.

231*- Return to an Address of the 19th May, 1913, to His Excellency the Administrator for a
copy of all papers, tenders, contracts, accounts, and Orders in Council, between the
Department of Public Works and any other person or persons, relating to the pur-
chase of a site for the public wharf being erected or recently erected at Bear River,
N.S., and also relating to the construction of said wharf, and anything in connection
therewith. Presented April 2, 1914. — Mr. Maclean (Halifax) Not printed.

231i- Return to an Order of the House of the 31st March, 1913, for a copy of all papers,
documents, correspondence, &c., relating to the purchase of a property at Centreville,
Shelburne County, Nova Scotia, as a site for a public wharf, and in connection with
any monies expended on the McGray property at Centreville, upon the public wharf.
Presented April 2, 1914. — Mr. Kyte Not printed.

231'f- Return to an Order of the House of the 9th March, 1914, for a copy of all correspond-
ence, letters, telegrams, notes, requests, &c., addressed to the" Department or the
Minister of Public Works, directly or indirectly, in connection with the work necessary
for the completion of the wharf at Sainte Croix, County of Lotbiniere, since the 21st
of September, 1911, to date. Presented April 16, 1914. — Mr. Fortier Not printed.

231^- Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-
ence, petitions, memorials, letters, reports, and telegrams, in the Department of Public
Works, or in any of the Departments of the Government, relating to a proposed wharf
or breakwater at Little Cape, and Great Shemogue Harbour, Westmorland County, N.B. ;
also of all correspondence, letters and telegrams exchanged between any member of the
Government and M. G. Siddal, or any other persons or corporations, relating to a pro-
posal or application to construct a wharf or breakwater at Little Cape or Great She-
mogue Harbour in Westmorland County, N.B., or in connection with having a survey
made in connection with any such proposal. Presented April 17, 1914. — Mr. Emmer-
son Not printed.

231m. Return to an Order of the House of the 9th February, 1914, for a copy of all reports,
memoranda, correspondence and documents of every nature, relating to the construction
of a wharf in the town of L'Assomption, and of all petitions and correspondence in
favour or against such construction to date, and the reasons why the construction of
such wliarf, authorized in the estimates of 1911-1912, has not been proceeded with.
Presented April 17, 1914. — Mr. Seguin Not printed.

231«- Return to an Order of the House of the 16th March, 1914, for a copy ot all accounts,
vouchers, pay-rolls, instructions, correspondence and recommendations relating to the
expenditure on the public wharf at Arichat, N.S., since the 11th day of October, 1911.
Presented April 30, 1914. — Mr. Kyte Not printed.

2310. Return to an Order of the House of the 16th February, 1914, for a copy of all tenders,
contracts, memorandums, pay-rolls, accounts, vouchers, correspondence, papers and
documents, &e., in connection with work performed upon the Government wharf at
Croft's Cove, Lunenburg County, in 1912. Presented April 30, 1914. — Mr. Maclean
(Halifax) Not printed.

231P- Return to an Order of the House of the 9th March, 1914, for a copy of all correspond-
ence, letters, telegrams, petitions and other documents relating to the claim of the Bona-
venture and Gloucester Interprovincial Company, Limited, in connection wtih a wharf
on Bonaventure river, Bonaventure County. Presented April 30, 1914. — Mr. Sevigny.

Not printed.
74

4-5 George V. Alphabetical Index to Sessional Papers. A. IDll

CONTENTS OF VOLUME 28— Continued.

2319. Supplfeinentary Return to an Order of the House of the 9th March, 1914, for a copy of all
correspondence, letters, telegrams, notes, requests, &c., addressed to the Department or
the Minister of Public Work.s, directly or indirectly, in connection with the work neces-
sary for the completion of the wharf at Sainte Croix, County of Lotbini^re, since the
21st September, 1911, to date. Presented April 30, 1914. — Mr. Fortier Not printed.

23 Ir. Return to an Order of the House of the 2nd February, 1914, for a copy of all tenders
contracts, pay rolls, vouchers, documents, correspondence, &c., in connection with the
purchase of a site for the Government wharf at Bear River, N.S., and the construction
of the said wharf. Presented April 30, 1914.— Mr. Maclean {Halifax) . .Not printed.

231s. Return to an Order of the House of the 9th March, 1914, for a return showing:

1. How much was spent upon Hall's Harbour wharf, Kings County, N.S., in 1913?

2. The name of the commissioner or foreman, by whom he was recommended, and
his remuneration?

3. How much lumber was used upon the said wharf during 1913, from whom the
same was purchased, and the price paid for the various forms thereof. Presented
April 30, 1914. — Mr. Maclean (Halifax) Not jivinted.

231^. Return to an Order of the House of the 16th February, 1914, for a copy of the pay-list,

including the names and residences, of all those who have worked at the wharf of L'lle

Verte, County of Temiscouata ; the number of days of employment of each of them ;

' the amount received by each of them; who has or have signed the receipt or receipts

for said amounts, in connection with the works which have been going on during the

summer of 1912 and during the summer of 1913. Presented April 30, 1914. Mr.

Gauvreau Not printed.

23 iM- Return to an Order of the House of the 16th February, 1914, for a copy of the pay-list,
including the names and residences, of the men who have worked on the wharf to the
west of Rivi&re-Verte, Temiscouata ; the number of days' work of each of them ; the
amount of money received by each of them ; who has or have signed the receipt or
receipts for said amounts on said pay-list or otherwise, the whole for: (lo) 1912; (2o)
1913. Presented May 4, 1914. — Mr. Gauvreau Not printed.

2311'. Further Supplementary Return to an Order of the House of the 9th Mrach, 1914, for a
copy of all correspondence letters, telegrams, notes, requests, &c., addressed to the
Department or the Minister of Public Works, directly or indirectly, in connection with
the work necessary for the completion of the wharf at Sainte Croix, County of Lot-
binigre, since the 21st of September, 1911, to date. Presented May 4, 1914. — Mr.
Fortier ' Not printed.

231W. Return to an Order of the House of the 30th March, 1914, for a copy of all letters and
telegrams addressed by G. A. R. Rowlings and J. S. Wells to the Department of Public
Works, or the Minister, since October 1, 1911, relating to the construction of a public
wharf at Cole Harbour, Guysborough County, N.S., and of all replies thereto. Pre-
sented May 12, 1914. — Mr. Sinclair '. Not printed.

231a^. Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
telegrams and correspondence of all kinds in any way relating to repairs required on
the pier at Margaree Harbour, Inverness County, received in 1912-1913 and 1913-1914.

Presented May 12, 1914. — Mr. Chisholm (Inverness) Not printed.

231y- Return to an Order of the House of the 27th April, 1914, for a copy of all correspondence,
pay-rolls, accounts, receipts, vouchers and papers relating to the construction of Feltzen
South wharf, Lunenburg County, N.S. Presented May 16, 1914. — Mr. Maclean (Hali-

fo-x) Not printed.

2315. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,
correspondence, telegrams, letters, pay-rolls, accounts and vouchers in any way referring
to the expenditure of money by this Government for the building and repair (yf the pub-
lic wharf at Port Hood. Presented May 16, 1914. — Mr. Chisholm (Inverness)

Not printed.
231 (2a). Return to an Order of the House of the 4th May, 1914, for a copy of all correspond-
ence, telegrams, complaints, pay-rolls, vouchers and all other documents in any way
connected with the expenditure of .$.500 during the year 191.1 on Finlay Point wharf,
Inverness County. Presented May 16, 1914. — Mr. Chisholm (Inverness) . .Not printed.
231 (2b). Return to tfn Order of the House of the 6th April, 1914, for a copy of all correspond-
ence, letters, telegrams, petitions and recommendations relating to the wharf at Arichat,
N.S., to be used by SS. Magdalin. Presented May 29, 1914. — Mr. Kyte . . . .Not printed.
231 (2c). Return to an Order of the House of the 9th March, 1914, for a return showing:

1. How much money was spent upon Kingsport Pier, Kings County, N.S., during
the year 1913?

2. The name of the foreman or commissioner, by whom he was recommended, and
the remuneration paid him?

3. How much lumber was purchased and used for said pier, from whom it was pur-
chased, and the particulars of the prices paid therefor?

4. What was done with the lumber or piling taken out of said pier, and if the same
was sold, to whom and at what price? Presented May 29, 1914. — Mr. Maclean (Ilali-
^°^) Not printed.

75

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

231 (2d). Return to an Order of the House of the 27th April, 1914, for a copy of all correspond-
ence, pay-rolls, accounts, receipts, vouchers and papers relating to the construction of
Kraut Point wliarf, Lunenburg County, N.S. Presented June 12, 1914.— Jfr. Maclean
(Halifax) Not printed.

232. Return to an Order of the House of the 4th March, 1914, for a return showing: —

1. How much money has been expended in public works in the Counties of
Rimouski and Gaspe, respectively, since October 11, 1911.

2. How much of the money so expended was provided for in the estimates of 1911-
1912?

3. What amount was expended on the works for which money was not included in
the estimates of 1911-1912? Presented April 2, 1914. — Mr. Marcil (Bonaventure).

Not printed.

232a- Return to an Order of the House of the 23rd February, 1914, for a return showing how
mu^h money has been expended on public works in Antigonish County since October 11,
1911.

2. How much of the amount so expended was provided in the estimates for 1911-
1912?

3. What amount, not included in the estimates for 1911-1912, was expended on
public works in said county? Presented April 2, 1914. — Mr. Chisholm {Antigonish) .

232&- Return to an Order of the House of the 9th February, 1914, for a copy of all papers,
reports, documents, correspondence, plans, &c., in reference to a proposed Government
public building at Bear River, N.S., and the purchase of a site for the same. Presented
April 2, 1914. — Mr. Maclean (.Halifax) Not priyited.

Z3Zc. Return to an Order of the House of the 9th April, 1913, for a copy of all charges, corre-
spondence, pay-rolls, telegrams and other documents relating in any way to the expen-
diture of money oii the harbour improvements at Mabou Harbour by the Department of
Public Works, during the years 1911-12, 1912-13. Presented April 2, 1914. — Mr. Chis-
hohn (Inver^iess) Not printed.

232d. Return to an Order of the House of the 28th May, 1913, was issued to the proper officer
for a copy of the specifications and tenders for materials to be used in connection with
the proposed dry dock at Lauzon, Quebec. Presented April 2, 1914. — Mr. Leniieux.

Not printed.

232^- Return to an Order of the House of the 3rd March, 1913, for a copy of all documents,
letters, reports of engineers and statements of detailed expenditure in connection with
dredging at Bonaventure River, Quebec. Presented April 2, 1914. — Mr. Marcil (Bona-
venture) Not printed.

232/- Return to an Order of the House of the 3rd March, 1913, for a copy of all petitions, corre-
spondence, reports or other papers or documents in the Department of Public Works
relating to the building of a breakwater at Goulman"s Point, Half Island Cove, Guys-
boro' County, N.S. Presented April 2, 1914. — Mr. Sinclair Not printed.

232(7. Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
telegrams, correspondence and documents of all kinds in any way relating to a light-
house to be built at Red Cape, Margaree Harbour, Inverness County. Presented
April 7, 1914. — Mr. Chisholm (Inveriicss) Not printed.

232^- Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,
documents, telegrams, correspondence, &c., in reference to the purchase of a site in
Saskatoon for a post office building. Presented April 16, 1914. — Mr. McCraney.

Not printed.

232i. Return to an Order of the House of the 9th February, 1914, for a copy of all correspond-
ence, reports, petitions and documents exchanged by and with the Department of Public
TTorks since the 1st of September, 1911, to date, with the reasons why the construction
of the public building, authorized in the town of St. Lin Des Laurentides, County of
L'Assomption, as per the estimates of 1911-1912, has not been proceeded with. Pre-
sented April 17, 1914. — Mr. Seguin Not printed.

Z3Zi- Return to an Order of the House of the 2nd February, 1914, for all correspondence, reports
and documents exchanged by and with the Department of Public Works from October,
1911, to date, regarding the non-erection of the public building authorized to be erected
at New Carlisle, the county seat of Bonaventure County, in the estimates of 1911-1912.
Presented April 17, 1914. — Mr. Marcil (Bonai>entiire) Not printed.

232fc- Return to an Order of the House of the 2nd February, 1914, for a return showing the
names of all persons who worked on Lingan Bar, South Cape Breton, under Superin-
tendent H. D. McLean, the wages paid to each per diem, the amount paid each or pay-
able to each, and showing generally how the amount voted for such work was expended,
and the amount received by H. D. McLean in connection with said work. Presented
April 17, 1914. — Mr. Carroll Not printed.

7G

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

232'- Return to an Order of the House of the 2ncl February, 1914, for a copy of all papers,
advertisements, tenders, contracts, papers, telegrams, correspondence, returns, reports,'
accounts, vouchers, receipts, &c., in connection writh any dredging performed by the
Nova Scotia Dredging Company, or any other company, corporation or individuals
at Jeddore, Halifax County, N.S., in the years 1912 and 1913. Presented April 17 1914*
—Mir. Maclean (Halifax) ^ot printed.

232"!- Return to an Order of the House of the 12th May, 1913, for a copy of all papers, tele-
grams, documents, reports, correspondence, pay-rolls, &c., in any way relating to a life-
saving station which was constructed at Cheticamp, during 1912. Presented April 28,
1914. — Mr. Chishohn (Inverness) jsj^ot printed.

232". Return to an Order of the House of the 12th March, 1914, for a return showing: —

1. What firms or persons are or have been engaged in dredging for the Government
in the harbour of St. John and upon the St. John river and its tributaries since Octo-
ber 1, 1911.
* 2. What amount has been paid to each firm or person for this work from October 1,

1911, to the present time?

3. Who are the officers, president, manager and secretary of each of these corpor-
ations? Presented April 30, 1914. — Mr. Carvell Not printed.

2320. Return to an Order of the Ilouse of the 16th February, 1914, for a copy of all documents
bearing on the repairing and improvement of the Metapedia Road in the Counties of
Rimouski and Bonaventure. Presented April 30, 1914. — Mr. Marcil (Bonaventure).

Not printed.

232p- Return to an Order of the House of the 12th March, 1914, for a return showing: —

1. What tug boats, steam or gasoline tenders, have been emi^loyed by the Govern-
ment since September 21, 1911, in connection with the dredging operations in St. John
harbour and in the River St. John and its tributaries?

2. Who are the registered owners of these boats and from whom each is hired?

3. Tiie sum paid, per day for each tug boat or tender and how many days each has
worked in the period referred to.

4. What amount of money has been paid for the service of each boat in the period
referred to and to whom it has been paid. Presented April 30, 1914. — Mr. Carvell.

Not printed.

232q- Return to an Order of the House of the 9th March, 1914, for a return showing the details
as to the nature of the work concerning the damming of the Chateauguay river, the
number of men employed, their names, the wages paid in each case and the period of
their employment during the calendar year 1913. Presented April 30, 1914. — Mr.
Lemieux 2Vo( printed.

232'". Return to an Order of the House of the 16th March, 1914, for a copy of all letters, tele-
grams, correspondence, reports, petitions, and communications filed in the Department of
Public. W^orks since 1910, relating to the dredging of Antigonish harbour, or the straight-
ening or widening of the channel, or other improvements proposed to be made there.
Presented April 30, 1914. — Mr. Chishohn (Antigonish) Not printed.

232s. Return to an Order of the House of the 23rd March, 1914, for a cooy of all letters, papers
and other documents relative to the purchase of a lot of land in the town of Ste'llarton,
for a public building. Presented April 30, 1914. — Mr. Macdonald Not printed.

232^. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,
correspondence, telegrams, letters, pay-rolls, accounts, and vouchers in any way refer-
ring to the e.xpenditure of money by this Government in the construction of the new
telegraph or telephone line from Baddeck, Victoria County, N.S. ,to North East Mar-
garee, Inverness County, N.S., thence to Big Intervale, Inverness County, N.S., and also
in connection with the lines from South West Margaree to Loch Ban, and from Scots-
ville to W'hycocomagh, all in Inverness County, N.S. Presented May 4, 1914.^il/?-. Chis-
holm (Antigonish) jVot printed.

232". Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,
documents, telegrams, correspondence, &c., in reference to the purchase of a property
or site on Gottingen street, Halifax, for the erection of a post office building. Pre-
sented May 4, 1914. — Mr. Maclean (Halifax) Not printed.

232v. Return to an Order of the House of the 16th March, 1914, for a return showing all pay-
ments made in the year 1913 in connection with repairs done to, or moneys expended
on, the Blue Rock breakwater in Antigonish County, with the names of the persons to
whom such payments were made, the amount paid to each, and what such amounts
were for. Presented May 4, 1914. — Mr. Chishohn (Antigonish) Not printed.

232i«- Return to an Order of the House of the 9th March, 1914, for a copy of all papers, docu-
ments, correspondence, &c., from any person or persons in connection with the purchase
of the site for the post office at Canning, N.S. Presented May 4, 1914.- — Mr. Maclean
(Halifax) Not printed.

77

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

232a;. Return to an Order of the House of the 2nd February, 1914, for a copy of all tenders
received for the construction of a lighthouse at Grand Anse, Gloucester County, N.B.,
and ot the contract awarded. Presented May 5, 1914. — Mr. Turgeon Not printed.

2323/. Return to an Order of the House of the 16th February, 1914, for a copy of all papers,
letters, telegrams, reports, deeds, fees paid to lawyers, and other documents relative to
the purchasing of land from Mrs. C. F. Bertrand and Arthemise Dionne, in connection
with the works on the southwest side of Rivi&re-Verte, I'Islet, County of Temiscouata.
Presented May 5, 1914. — Mr. Gauvreau Not printed.

232«. Return to an Order of the House of the 20th April, 1914, for a copy of all correspond-
ence between the Minister of Public Works, the Minister of Justice, or any other mem-
ber of the Government, and any person or persons, relating to the location and erection
of the new post office in the village of Eganville, County of Renfrew. Presented May
5, 1914. — Mr. Graham Not printed.

232 (2a). Return to an Order of the House of the 16th March, 1914, for a copy of all corre-
spondence, documents, recommendations and reports, respecting the dredging of Des
Prairies river, the worlc done, depth, length and width of channel dredged, the list of
men employed to perform that work, their salaries respectively, and the amount of
money spent on that work since the 22nd of November, 1912, up to the 2nd of February,
1914. Presented May 7, 1914. — Mr. Wilson (Laval) Not printed.

232 (2b). Return to an Order of the House of the 6th April, 1914, for a copy of all letters, tele-
grarqs, correspondence, complaints, bills, accounts, vouchers, receipts and any docu-
ments in any way connected with the expenditure of money at Friar's Head Boat Har-
bour by Simon P. Doucet, during the years 1912-13, 1913-14. Presented May 7, 1914. —
Mr. Chisholm (Inverness) Not printed.

232 (2c). Return to an Order of the House of the 16th February, 1914, for a copy of all papers
in connection with the public building at Gravelburg, from and since January 1, 1912.
Presented May 7, 1914. — Mr. Knowles Not printed.

232 (2d). Return to an Order of the House of the 23rd March, 1911, for a copy of all specifi-
cations and of all tenders^pertaining to the Brantford pubfic building now being erected,
and of the contract awarded, and of all correspondence, whether by letter or telegram,
with reference thereto. Presented May 7, 1914. — Mr. Neshitt Not printed.

232 (2e). Return to an Address to His Royal Highness the Governor General of the 9th
February, 1914, for a copy of all correspondence, telegrams, petitions and memorials
received by the Right Honourable R. L. Borden, Premier of Canada, or any other Min-
ister of the Crown since the first day of October, 1911, from J. A. Gillies, Esq., N.S., or
any resident of the County of Richmond, N.S., relative to expenditure of public money
on public works in the said County of Richmond. Presented May 8, 1914. — Mr. Kyte.

Not printed.

232 (2/). Supplementary Return to an Order of the House of the 20th April, 1914, for a copy
of all correspondence betewen the Minister of Public Works, the Minister of Justice or
any other member of the Government, and any person or persons, relating- to the loca-
tion and erection of the new post office in the village of Eganville, County of Renfrew.
Presented May 8, 1914. — Mr. Graham Not printed.

232 (2£/). Return to an Order of the House of the 2nd February, 1914, for a return showing
the dredging operations carried on in Bonaventure County in 1913, together with a
copy of estimates, reports, and correspondence. Presented May 11, 1914. — Mr. Marcil.

Not printed.

232 (2^). Return to an Order of the House of the 9th February, 1914, for a copy of all corre-
spondence and other documents in reference to the erection of a customs building in the
village of Chesley, Riding of South Bruce. Presented May 12, 1914. — Mr. Triiax.

Not printed.

232 (2i). Return to an Order of the House of the 6th April, 1914, for a copy of all accounts
and vouchers covering the expenditure during the calendar year, 1913 at South Lake,
Lakevale, Antigonish County, and showing in detail, the persons to whom such pay-
ments were made, what such payments were for, the number of day labourers
employed, and the rate of wages, the quantity of material used and the price paid
therefor, the quantity of material hauled to the work and not used, and the persons
supplying such material. Presented May 12, 1914. — Mr. Chisholm (Antigonish).

Not printed.

232 (2j). Return to an Order of the House of the 23rd February, 1914, for a copy of all
letters, papers, telegrams, valuations, appraisals and other documents relative to the
obtaining of a site for a public building at Hantsport, Nova Scotia. Presented May
12, 1914. — Mr. Macdonald Not printed.

232 (2fc). Return to an Order of the House of the 11th February, 1914, for a copy of all corre-
spondence, letters, telegrams, reports, appraisals and other documents relative to the
expropriation of the lands of John Campbell and Albert E. Miliigan, in connection with
the improvements on the East River at Pictou. Presented May 12, 1914. — Mr. Mac-
donald Not printed.

78

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2^— Continued.

232 (20- Return to an Order of the House of the 16th March, 1914, for a copy of all papers,
letters and other documents, including pay-lists relating to the expenditure of moneys
by the Public Works Department on Falmouth Township Dyke, Hants County, in 1913.
Presented May 12, 1914. — Mr. Macdonald Not printed.

232 (2m). Return to an Order of the House of the 16th March, 1914, for a copy of all accounts,
vouchers, pay-rolls, instructions, correspondence and recommendations relating to the
expenditure on the public building at Arichat, N.S., since the 11th day of October, 1911.
Presented May 16, 1914. — Mr. Kyte Not printed.

232 (2n). Return to an Order of the House of the 4th March, 1914, for a copy of all corre-
spondence and other documents in connection with the letting of the construction for
the Toronto harbour works. Presented May 16, 1914. — Mr. Pardee Not printed.

232 (2o). Return to an Order of the House of the 2nd February, 1914, for a return showing the
nature and cost of works carried on in the County of Bonaventure by the Department
of Public Works since October 10, 1911, to date, together with a copy of all reports,
estimates, pay-lists, and correspondence in connection therewith. Presented May 27,
1914. — Mr. Marcil (Bonaventure) Not printed.

232 (2p). Return to an Order of the House of the 23rd March, 1914, for a copy of all corre-
spondence, documents, recommendations and reports respecting the dredging at Port
Elgin, Westmorland County, N.B., with the names of men employed to perform that
work, their salaries, respectively, and the amount of money spent on the same from
January 1, 1901, to January 1, 1914. Presented May 27, 1914.— Mr. Robidoux.

Not printed.

232 (23). Further Supplementary Return to an Order of the House of the 20th April, 1914, for
a copy of all correspondence between the Minister of Public Works, the Minister of
Justice, or any other member of the Government, and any person or persons, relating to
the location and erection of the new post office in the village of Eganville, County of
Renfrew. Presented May 27, 1914. — Mr. Graham. Not printed.

232 (2r). Return to an Order of the House of the 16th February, 1914, for a copy of all papers
in connection with the Immigration Hall at Gravelburg, Sask., from and since the
1st January, 1912. Presented June 1, 1914. — Mr. Knowles Not printed.

232 (2s). Return to an Order of the House of the 2nd February, 1914, for a copy of all adver-
tisements, tenders, accounts, vouchers, letters, documents and correspondence relating to
the construction of a breakwater at The Graff, Halifax County, N.S. Presented June
2, 1914. — Mr. Maclean (Halifax) Not printed.

232 (2i)- Return to an Order of the House of the 23rd February, 1914, for a copy of all letters,
telegrams, correspondence, contracts and documents relating to the surrender of a con-
tract for dredging in Miramichi Bay, N.B., by Messrs. A. and R. Loggie, and also with
reference to the letting of a contract for the same, or any portion of said work, to the
Northern Dredging Company ; together with a copy of all notices for tenders, tenders
and contracts in connection therewith. Presented June 2, 1914. — Mr. Car-veil.

Not printed.

232 (2m). Return to an Order of the House of the 6th April, 1914, for a copy of all letters,
telegrams, documents, papers, &c., in connection with the purchase by the Government
of lots 1 and 2, block 125, plan 96, in the city of Moosejaw, for an examining warehouse
site. Presented June 2, 1914. — Mr. Knowles Not printed.

232 (2u). Return to an Order of the House of the 16th February, 1914, for a copy of all letters,
telegrams, correspondence of all kinds, pay-rolls, vouchers, &c., in any way referring to
the expenditure of moneys on sheer dams on the Margaree river, at Margaree and
North East Margaree, during 1911-1912 and 1912-1913. Presented June 2, 1914. — Mr.
Chisholm (Inverness) Not printed.

233« Return to an Order of the House of the 24th April, 1913, for a return showing what officers
and men were employed on the dredge Northumberland at Pictou in the months of
January, February and March, 1913, and the salaries and wages paid to them respecti-
vely ; the amounts paid for repairs and supplies respectively, for said dredge during
said months and to whom paid respectively. Presented April 2, 1914. — Mr. Macdonald.

Not printed.

234> New Lobster Fishery Regulations established by Order in Council of the 25th March, 1914,
in lieu of those established by Order in Council of the 30th September, 1910, and all
amendments thereto, by virtue of the provisions of Section 54 of the Fisheries Act,
chapter 45 of the Revised Statutes of Canada, 1906. Presented by Hon. Mr. Hazen,
April 7, 1914 Not printed.

235. Return to an Order of the House of the 23rd March, 1914, for a return showing: —

1. How many engineers there are in the employ of the Intercolonial Railway at
Moncton and at other points on that railway, and their names?

2. How many were formerly in the employ of the Canadian Pacific Railway Com-
pany?

3. Whether Martin Murphy, C.E., is employed in the service of that railway. If
so, when he was employed and what his age is? Presented April 7, 1914. — Mr. Emtner-
8on Not printed.

79

4-5 George V. Alpliabctical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

236. Return to an Order of the House of the 30th March, 1914, for a return showing the travel-

ling expenses paid by the Government to the Honourable Rodolphe Roy, Judge of the
Superior Court at Rimouski, during the years 1912-1913 and 1914, for trips from Quebec
to Rimouski and return. Presented April 8, 1914. — Mr. Boulay Not printed.

237. Return to an Order of the House of the 23rd March, 1914, for a return showing: —

1. The names of the lawyers who represented the Department of Justice in the
district of Quebec, since the 21st September, 1911.

2. The amount of money paid to each of them. Presented April 8, 1914. — Mr.
Lapointe (Kainouraska) Not printed.

238. Return to an Order of the House of the 4th February, 1914, for a copy of all letters, tele-

grams and documents generally concerning the withdrawal of an appeal in the Supreme
Court of Canada, in the case of His Majesty the King, appellant, and Alfred Olivier
Falardeau and Constant Napoleon Falardeau, respondents. -Presented April 8, 1914. — -
Mr. Lreniieux Not printed.

239. Return to an Order of the House of the 16th March, 1914, for a copy of all transfers of

lands by the Militia Department to the Harbour Commissioners of Montreal, and of all
correspondence with regard to the same. Presented April 15, 1914. — Mr. Carvell.

Not printed.

240. Return to an Order of the House of the 2nd March, 1914, for a return showing: —

1. The quantities of wheat, by grade, received into the terminal elevators at Fort
William and Port Arthur, from the date of the weigh-up in 1910, to date of weigh-up
in 1911, the same for 1911-1912, and the same for 1912-1913.

2. The quantities, by grade, delivered by each of the said elevators during the same
periods.

3. The average or shortage, as the case may be, of each grade in each of the said
elevators, as shown by the said weigh-ups in each of those above mentioned periods.

4. The date of the weigh-up in each case. Presented April 15, 1914. — Mr. Neely.

Not printed.

241. Return to an Order of the House of the 2nd March, 1914, for a copy of all rules, orders

and regulations, &c., affecting the handling of grain made by the Grain Commission to
date, and of any changes made in elevator charges and terms, if any. Presented April
15, 1914. — Mi: Neely Not printed.

242. Return to an Order of the House of the 6th April, 1914, for a copy of the new rules and

regulations in regard to employees of the Intercolonial Railway and Prince Edward
Island Railways. Presented April 15, 1914.— Mr. Macdonald Not printed.

243. Return to an Address to His Royal Highness the Governor General of the 30th M^^rch,

1914, for a copy of all correspondence, petitions, lists of shareholders. Orders in Council,
licenses, certificates and other papers and documents, and of all renewals thereof, relat-
ing to the incorporation and licensing of the Banque St. Jean, the Banque Ville Marie
and the Banque Jacques Cartier, all in the Province of Quebec. Presented April 16,
1914; — Mr. Demers Not printed.

2430. Return to an Address to His Royal Highness the Governor General of the 23rd March,
1914, for a copy of all correspondence, petitions, lists of shareholdres, Orders in Council,
licenses, certificates and otlier papers and documents and all renewals thereof, relating
to the incorporation and licensing of the Bank of Yaimouth, and of all papers and
documents relating to the winding up of tlie business of the said bank. Presented
April 16, 1914. — Mr. Law Not printed.

243&- Return to an Address to His Royal Highness the Governor General, of the 16th March,
1914, for a copy of all correspondence, petitions, lists of shareholdres. Orders in Council,
licenses, certificates and other papers and documents and all renewals thereof, relating
to the incorporation and licensing of the Pictou Bank, and of all pai3ers and documents
relating to the winding up of the business of the said bank. Presented April 30, 1914.
— Mr. Macdonald Not p?'Wf ed.

244- Return to an Order of the House of the 23rd March, 1914, for a cpoy of the reports made
by Colin F. McKinnon, of Taylor's Road, Antigonish County, Frank A. McEchen, of
Inverness, N.S., John A. McDougall of Glace Bay, C.B., J. M. McDonald, of Christmas
Island, C.B., William Watkins of Cobourg Road, Halifax. S. P. Fream, of Brighton,
Digby County, and J. J. Walker of Truro, N.S., special immigration agents appointed
from the Province of Nova Scotia. Presented April 16, 1914. — Mr. Chishohn (Anti-
gonish) Not printed.

245. Return to an Address to His Royal Highness the Governor General of the 4th February,
1914, for a copy of all correspondence and papers generally concerning the proposed
changes of the Judicial Committee of the Privy Council. Presented April 16, 1914. —
Mr. Lemieux Not printed.

80

4-5 George V. Alphabetical Index to Se&sioiiiil Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

246. Return to an Order of the House of the 2nd March, 1914, for a return giving the follow-

ing information, as far as may be available, respecting the constitution of Upper Cham-
bers or Senates within the British Empire and in foreign countries, and especially such
informat on in respect of the self-governing Dominions and of foreign countries possess-
ing a federal system of Government : —

1. As to the method of appointment, whether by executive authority or by election
by the people, or otherwise.

2. As to the term of appointment, whether for life or for a term of years, or toher-
wise.

3. As to a re-appointment or re-election, and generally as to the filling of vacancies
occasioned by fieath or otherwise.

4. As to qualfications, whether by age, residence, possession of real or personal
property or otherwise.

5. As to limitation of the membership, and as to the numerical relation of the
membership to that of the Lower House.

6. As to provisions for dissolution, appeal to the electorate, conferences or a ddi-
tional appointments in case of disagreement between the Upper and Lower House.

7. As to the operation of the various systems in the several Dominions and coun-
tries mentioned, and in what respect defects or difficulties have made themselves mani-
fest.

S. All other relevant information respecting the constitution and status of such
Upper Chambers. Presented April 16, 1914. — Mr. Middlebro.

Printed for sessional papers only.

246«. Further Supplementary Return to an Order of the House of the 2nd March, 1914, for a
return giving the following information, as far as may be available, respecting the
constitution of Upper Chambers or Senates within the British Empire and in foreign
countries, and especially such information in respect of the self-governing Domin'ons
and of foreign countries possessing a federal system of Government : —

1. As to the method of appointment, whether by executive authority or by election
by the people, or otherwise.

2. As to the term of appointment, whether for life or for a term of years, or other
wise.

3. As to a re-appointment or re-election, and generally as to the filling of vacancies
occasioned by death or otherwise.

4. As to qualifications, whether by age, residence, possession of real or personal
property or otherv.'ise.

5. As to limitation of the membership, and as to the numerical relation of the
membership to that of the Lower House.

6. As to provisions for dissolution, appeal to the electorate, confei-ences or addi-
tional appointments in case of disagreement between the Upper and Lower Houses.

7. As to the operation of the various systems in the several Dominions and coun-
tries mentioned, and in what respect defects or difficulties have made themselves mani-
fest.

8. All other relevant information respecting the constitution and status of such
Upper Chambers. Presented June lO, 1914. — Mr. Middlebro. . . .

Printed for sessional papers only.

247. Return to an Order of the House of the 1st April, 1914, for a return showing: —

1. Wl^at it has cost the Government for bottled and distilled water in Ottawa since
January 1, 1912, to March 1, 1914?

2. What it is costing the Government per day now for bottled and distilled water?
Presented April 16, 1914.^ — Mr. Scxsmith Not printed.

248. Return to an Order of the House of the 11th February. 1914, for a copy of all papers,

letters, telegrams, reports and other documents relative to the purchase of land from
Joseph Fraser, in connection with the works at Cariboo Island, Pictou County, in the
Public Works Department. Presented April 16, 1914. — Mr. Macdonald. . . .Not printed.

249. Return to an Order of the House of the 21st May, 1913, for a copy of all correspondence

exchanged during the year 1912, between Captain Belanger, commandant of the
Eureka and the Department of Marine and Fisheries, both at Quebec and Ottawa. Pre-
sented April 16, 1914. — Mr. Boulay Not printed.

250. Return to an Order of the House of the 23rd March, 1914, for a return showing: —

1. The names of the wharfingers at Coteau Landing from 1900 to 1914.

2. The names of the vessels which moored there during that period.

3. What wharfage each of those vessels paid during that time?

4. What wharfage a coaler paid for unloading between 1900 and 1912? Presented
April 17, 1914. — Mr. Paquet Not printed.

251. Return to an Order of the House of the 4th March, 1914, for a copy of all correspondence,

letters, telegrams and documents in connection with the removal of ice in Yarmouth,
N.S., harbour, by C.G.S. Stanley in P'ebruary, 1914. Presented April 21, 1914. — Mr.
Law Not printed.

G3433— 6 81

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2B— Continued.

252. Report of the Royal Commission on Penitentiaries, together with the evidence taken and

exhibits filed before the said commission. Presented by Hon. Mr. Doherty, April 22,
1914. (Report only) Printed for distributio7i and sessional papers.

253. Return to an Order of the House of the 9th March, 1914, for a return showing: —

1. How many professors, lecturers and inspectors the Department of Agriculture
has in the Province of Prince Edward Island?

2. Their names, the salaries they receive, and the travelling expenses of each.

3. The duties of these professors, lecturers and inspectors?

4. How many meetings were held or demonstrations given by each of these pro-
fessors, lecturers and inspectors during the months of March, April, May, June, July,
August, September and October last year?

5. Where each meeting was held or demonstration given, and how each was adver-
tised?

6. How many boxes, baskets and barrels of fruit were inspected last season, and
the kinds of fruit so inspected?

7. When and where the inspection took place and how many boxes, baskets and
barrels were found to be improperly or falsely marked?

8. Whether the Department received a resolution or petition from the Fruit
Growers' Association of Prince Edward Island.

9. If so, what prayer or request the said resolution or petition contained, and what
the Department has decided to do in regard to the matter?

10. How many cheese and butter factories were operated in each of the counties
of Prince Edward Island in the year 1910 and how many in the year 1913. Presented
April 22, 1914. — Mr. Hughes {P.E.I.) Not printed.

254. Return to an Order of the House of the 26th February, for a return siiowing : — The freight

rates charged during the years 1912 and 1913 on wheat from Fort William or Port
Arthur to ports on the Georgian Bay and Canadian ports on Lake Huron and Lake Erie,
by the Canadian Pacific Steamship Line, the Northern Navigation Company, the Mer-
chant's Mutual Line, Inland Lines, and the Canadian Lake Line. Presented April 24,
1911. — ilfr. Aikins Not printed.

255. Return to an Order of the House of the 23rd March, 1914, for a copy of all letters,

papers, telegrams, recommendations and documents of every kind in connection with the
purchase of a Rifle Range near Souris, Prince Edward Island. Presented April 27, 1914.
— Jkfr. Hughes (P.E.I.) Not printed.

256. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,

advertisements, tenders, bids, contracts, telegrams, correspondence, accounts, receipts,
vouchers, &c., in reference to the supply of meats, hay, oats, and all other supplies for
the 1913 summer and autumn drill at Aldershot Camp, Nova Scotia. Presented April
27, 1914. — Mr. Maclean (Halifax) Not printed.

256«- Return to an Order of the House of the 30th March, 1914, for a copy of all advertise-
ments, tenders, contracts, documents, papers, &c., relative to the supply of ice for the
Aldershot Military Camp, N.S., for the season of 1914. Presented May 29, 1914. — Mr.
Maclean (Halifax) Not printed.

257. Return to an Order of the House of the 1st April, 1914, for a Return showing: —

1. The total amount paid for pensions by the Department of Militia and Defence
for the year ending March 31, 1913.

2. The number of militia oflicers at present on the pay-roll of the permanent corps.

3. How many private soldiers are at present on the pay-roll of the permanent force?

4. How many private soldiers joined the force during 1913.?

5. How many deserted during 1913?

6. The gross amount expended by the Department of Militia and Defence for the
salaries of oflScers and officials of every kind in the employ of the Department at Ottawa
or elsewhere during the fiscal year 1912-1913.

7. The gross amount paid out for services to the private soldiers of the permanent
corps during the said year 1912-1913. Presented April 27, 1914. — Mr. Sinclair.

Not printed.

258. Return to an Order of the House of the 4th February, 1914, for a copy of all letters, tele-

grams, &c., exchanged between the Department of Militia and Messrs. A. Macdonald, E.
Montpetit and others, in connection with the organization of the 33rd Hussars, at Vaud-
reuil and Soulanges. Presented April 27, 1914. — Mr. Boyer Not printed.

259. Return to an Order of the House of the 9th March, 1914, for a copy of all letters, tele-

grams, reports, and other correspondence, in possession of the Department of Militia
and Defence, relating to the purchase of land in Farnham, Quebec, for a military camp
ground. Presented April 27, 1914. — Mr. Kay Not printed.

260. Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-

ence between the Department of Agriculture or the Department of Customs and C. S.
Campbell. Esq., K.C., relating to the importation of pure-bred animals into Canada.
Presented April 27, 1914. — Mr. Kay Not printed.

82

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 2S— Continued.

261. Return to an Order of the House of the 2nd March, 1914, for a copy of all correspond-

ence, letters, telegrams, and other documents relative to the immigration of Asiatics,
including Hindus, Japanese and Chinese, which have a bearing either directly or
indirectly upon the Order in Council passed by the Government during December, 1913,
restricting immigration into the Province of British Columbia. Presented April 27^
1914.— iWr. Olwer Not piiyited.

262. Return to an Address to His Royal Highness the Governor General of the 30th March,

1914, for a copy in duplicate of all leases, agreements, correspondence. Orders in
Council and other documents relating to the water-power or privileges connected with
the Stevens Dam, so called, that had been constructed across the River Trent at the
village of Campbellford, together with a copy in duplicate of a license in connection
with said dam, granted to the Honourable James Cockburn and others under date Decem-
ber 9, 1869, and of all correspondence with, and opinions of, the Minister of .Tustice at
the time of the granting of said license and since that date; also a duplicate copy of all
papers, correspondence, Orders in Council and other documents relating to or connecte 1
with the cancellation, termination and revocation of such license on the 12th of August,
1911, and of all correspondence, propositions, agreements or other documents had and
made by, ,to or with the Trent Valley Woollen Manufacturing Company, Limited, and
of all correspondence with the Department of Justice and opinions thereof relating
thereto ; also a duplicate copy of all correspondence, reports, Orders in Council and other
documents referred to or mentioned in an Order in Council of date August 25, 1913, set
forth on page W 398, in the third volume of the Auditor General's Report, 1913, and of
all correspondence with the Auditor General and by and between the Auditor General
and any department of Government relating thereto or connected therewith. Presented
April 27, 1914. — Mr. Emmcrson Not printed.

263. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,

deeds, contracts, &c., in connection with the purchase by the Board of Harbour Com-
.missioners of Quebec, of a stone quarry at St. Nicholas, Que. Presented April 28, 1914.
— Mr. Lemieux Not printed.

264. Return to an Order of the House of the 6th April, 1914, for a copy of all petitions, corre-

spondence, telegrams and other papers and documents received by the Department of
Marine and Fisheries since January 1, 1914, relating to the transportation of fish from
the Maritime Provinces to the United States, and of all replies thereto. Presented
April 29, 1914. — Mr. Sinclair .... .Not printed.

265. Return to an Order of the House of the 2nd February, 1914, for a copy of all papers,

deeds and contracts in connection with the purchase by the Department of Agriculture
of a quarantine station at L.€vis, Que., on or about July 29, 1913. Presented April 29,
1914. — Mr. Lemieux Not printed.

266. Copy of Order in Council No. P. C. 976, dated 18th April, 1914, "Revised Regulations

governing the entry of Naval Cadets." Presented by Hon. Mr. Hazen, April 30, 1914.

Not printed.

266«. Cony of Order in Council dated 18th May, 1914, concerning the organization of a Naval
Volunteer Force. Presented by Hon. Mr. Hazen, May 23, 1914 Not printed.

267. Return to an Order of the House of the 4th March, 1914, for a copy of all papers, corre-

spondence and telegrams concerning the deportation of Bhwagan Singh, a Sikh priest,
in defiance of a writ of Habeas Corpus. Presented April 30, 1914. — BIr. Lemieux.

Not printed.

268. Statement of receipts and expenditures of the National Battlefields Commission to 31st

March, 1914, as required by 7-8 Edward VII, chapter 57, section 12. Presented by
Hon. Mr. White, May 4, 1914 Not printed.

269. Copy of the trust deed, dated 30th June, 1903, between the Canadian Northern Railway

Company and the British Empire Trust Company and tlie National Trust Company,
Limited. Presented by Hon. Mr. Borden, May 4, 1914 Not printed.

269*'. Copy of the trust deed, dated 6th May, 1910, between the Canadian Northern Ra'lway
Company and the British Empire Trust Company and the National Trust Company,
Limited. Presented by Hon. Mr. Borden, May 4, 1914 Not printed.

269!^- Copy of the trust deed, dated 19th November, 1913, between the Canadian Northern Rail-
way Company, Mackenzie, Mann & Co., Limited, and the British Empire Trust Com-
pany, and the National Trust Company, Limited. Presented by Hon. Mr. Borden, May
4, 1914 Printed for distribution and sessional papers.

269''. Statement showing the floating liabilities of the railway companies embraced in the gen-
eral title of the Canadian Northern Railway System. Presented by Hon. Mr. Borden.
May 4, 1914 Not prititcd.

269d. Statement of securities pledged as collateral to temporary loans of the Canad'an Northern
System. Presented by Hon. Mr. Borden, May 4, 1914 A'o/ printed.

4-5 George Y. Alphabetical Index to Sessioiuil Papers. A. 1914

CONTENTS OF VOLUME 2B--Continued.

269''. Statement showing the engineer's estimate of the cost of completing the Canadian Nor-
thern Railway System. Presented by Hon. Mr. Borden, May 4, 1914 Not printed.

269/- Statement of capital stock authorized and issued, of the companies set out in the first
schedule. Presented by Hon. Mr. Borden, May 6, 1914 Not printed.

269^7. Approximate estimate of betterments for six years of the lines of the Canadian Northern
Railway System. Presented by Hon. Mr. Borden, May 6, 1914 Not printed.

269'i. Statements as on 31st December, 1913, bearing on the financing of the Canadian Nor-
thern Railway System. Presented by Hon. Mr. Borden, May 6, 1914 Not printed.

269i. Papers and statements in respect to the Canadian Northern Railway System : —

1. Correspondence, including official application for aid.

2. Detailed statements showing particulars of capitalization, earnings, cost to com-
plete, &c. Presented by Hon. Mr. Borden, May 6, 1914.

Printed for distributioii and sessional papers.

2G9/- Copy of trust deed dated October 4, 1911. — The Canadian Northern Railway to the Guar-
dian Trust Company, Limited, and the British Empire Trust Company, Limited, and
His Majesty the King and the Canadian Northern Railway Company. Presented by
Hon. Mr. Borden, May 7, 1914 Printed for distrihution nnd sessional papers.

269fc. Li.'st of companies whose total issued stock is owned by the Canadian Northern Railway
Company ; also, list of companies whose total issued stock is to be transferred to The
Canadian Northern Railway Company ; and also, list of companies in which the con-
trolling interest is to be transferred to The Canadian Northern Railway Company. Pi-e-
sented by Hon. Mr. Borden, May 7, 1914 Not printed.

269?. Further statements bearing on the financing of the Canadian Northern Railway System.
Presented by Hon. Mr. Borden, May 7, 1914.

Printed for distrihution and sessional papers.

269»i- Correspondence and telegrams received from the premiers of the Provinces of Nova
Scotia, British Columbia, Alberta, and the Acting Premier of Saskatchewan, in regard
to the granting of aid to the Canadian Northern Railway System. Presented by Hon.
Mr. Borden, May 7, 1914 Printed for distribution and sessioanl papers.

269H. Copy of trust deed dated 28th December, 1903. — The Lake Superior Terminals Company,
Limited, and the National Trust Company, Limited, and the Canadian Northern Rail-
way Company. Presented by Hon. Mr. Borden, May 11, 1914 Not printed.

270. Return to an Order of the House of the 20th April, 1914, for a copy of all letters, tele-

grams and other documents relating to the refusal of the Railway Department, or any
official of the Intercolonial Railway to permit employees of the railway at Moncton to
attend the militia camp in the last year. Presented May 6, 1914. — Mr. Macdonahl.

Not printed.

271. Return to an Order of the House of the 23rd March, 1914, for a copy of all correspondence

received by the Government since October 1, 1911, to date, from John M. Cormick, of
Sydney Mines, N.S., in reference to the following matters in the Riding of North Cape
Breton and Victoria : — Railway extension into the Riding of North Cape Breton and
Victoria; the opening of the harbour at Dingwall, Aspey Bay, C.B. ; the breakwater at
Meat Cove in the said Riding ; the boat harbour at Bay St. Lawrence ; the breakwater
at White Point ; the breakwater at Neil's Harbour ; the breakwater at McLeod's,
Ingonish ; in respect to Ingonish Harbour ; the breakwater at Breton Cove ; the
breakwater at Little Bras d'Or ; the breakwater at Cape Dauphin ; the breakwater
at Point Aconi ; the proposed v/harf at North Sydney the proposed extension of the
breakwater at North Sydney ; the bringing of the Intercolonial Railway to the ballast
ground at North Sydney ; the wharf at Sydney Mines ; the wharf at Leitches Creek ; the
repairs to the wharf at Groves Point ; the rebuilding of the wharf at Boisdale ; the
breakwater at Jamesville ; the wharf at Castle Bay, and the proposed wharf at
Shenacadie. Presented May 7, 1914. — Mr. McKenzie Not printed.

272. Copy of all letters, documents and correspondence relating to action by the Government

in regard to the relief of the shareholders and depositors of the Farmers Bank, and of
the Order in Council appointing Sir William Meredith as Commissioner, and all corre-
spondence in relation thereto. And also. Statement of Affairs, &c., relating to the
Farmers Bank of Canada. Presented by Hen. Mr. White, May 8, 1914.... 2Vot printed.

273. Return to an Order of the House of the 6th April, 1914, for a copy of all letters, telegrams

and correspondence received by the Postmaster General in connection with complaints
made that the postmaster at Yarmouth North, N.S., had been or is selling stamps out-
side his jurisdiction. Presented May 8, 1914. — Mr. Law Not printed.

274. Return to an Order of the House of the 9th February, 1914, for a return showing the

number of criminals released on parole from the various penitentiaries of the Dominion
for the year ending March 31, 1913 ; the offence for which each prisoner so released was
convicted, and showing at the same time whether such offence was a first, second, or
iubsetiuent offence. Presented May 8, 1914. — Mr. Sinclair Not printed.

84

4-5 George V. Alphabetical Index to Sessional Papers. A. 1914

CONTENTS OF VOLUME 28— Continued.

2*75. Return to an Order of the House of the 9th March, 1914, for a return showing: —

1. How niany acres of public lan-J have been given to railway companies in tlie
Dominion of Canada by the Federal Government from 1878, to the present time?

2. How many acres were granted in each year during the above period of t in^
Presented May 11, 1914. — Mr. Tobin Not printrd.

276. Return to an Order of the House of the 2nd February, 1914, for a return showing the

receipts and expenses of the post office at St. Philippe, East, and of the post ofTice at
St. PJiilippe, West, in. the parish of St. Philippe de Neri, since the first of June, 1912,
to date. Presented May 11, 1911, — Mr. Lapointe (.Kamouraska) Not prinhd.

277. Report of the Dominion Wreck Commissioner in the matter of a formal investigation into

the causes which led to the British steamer Saturnia touching the ground in the Lower
Traverse, River St. Lawrence, on Tuesday, April 28, 1914. Presented by Hon. Mr.
Hazen, May 12, 1914 Printed for sessional papers only

278. Report of the Dominion Wreck Commissioner in the matter of a formal investiagtion into

the causes which led to the stranding of the British steamship Montfort, on Beauport

yBank. River St. Lawrence, on Tuesday, April 28, 1914. Presented by Hon. ]Mr. Hazer..

May 12, 1914 .Printed for sessional papers only.

279. Return to .'in Address to H's Royal Highness the Governor General of the 2nd February.

1914, for a copy of the Order in Council appointing Arthur Plaunte, Esq., a Commis-
sioner to receive claims against the Atlantic and Lake Superior Railway, the Bale de^
Chaleurs Railway and the Quebec Oriental Railway, and of the report of said Com-
inissioner and of the statement of claims accepted and those re.iected by him, with the
reasons therefor, as well as of all coirespondence, memorials, petitions and documents,
generally bearing on said subject. Presented May 12, 1914. — Mr. Marcil (Bonavcn-
ture) Not printed.

279«. Supplementary Return to an Address to His Royal Highness the Governor General of
the 2nd February, 1914, for a copy of the Order in Council appointing Arthur Plaunte,
Esq., a Commissioner to receive claims against the Atlantic and Lake Superior Railway,
the Baie dea Chaleurs Railway and the -Quebec Oriental Railway and of the report of
said Commissioner and of the statement of claims accepted and those rejected by him,
with the reasons therefor, as well as of all correspondence, memorials, petitions and
documents, generally bearing on said subject. Presented May 22, 1914. — Mr. Marcil
{ Bonaventure) Not printed.

280 Return to an Order of the House of the 6th Apri.l 1914, for a copy of all correspondence,
accounts, indemnities, travelling expenses, &c., from Fraserville to Quebec, and of all
other documents relating to the amount of money received each year by His Honour
Mr. Justice Ernest Cimon, from 1S90 to 1913, as Judge of the Superior Court sitting at
Quebec, during the time he was connected with the District of Kamouraska. Presented
May 16, 1914. — Mr. Gauvrean Not printed.

281. Report of the delegates appointed by the Government of Canada to attend the "Interna-

tional Purity Congress," held in the city of Minneapolis, Minn., November 7-12, 191.3.
Presented by Hon. Mr. Borden, May 16, 1914 Not printed.

282. Agreement between the Government and steamship companies for mail carriage between

Canadian and European ports. — (Senate) Not printed.

283. Return to an Order of the House of the 15th April, 1914, for a return showing: —

1. How many passengers have been carried over the Intercolonial Railway from
St. John to Halifax, and from Halifax to St. John, respectively, under the agreement
made on the 30th September, 1913. between the Canadian Government Railways by F.
P. Gutelius, General Manager and the Canadian Pacific Railway Comapny, by G. M.
Bosworth, General Traffic Manager, from the 15th November, 1913, when the said agiee-
ment went into effect, to the 31st March last?

2. How many tons of freight of each of the-classes mentioned in said agreement
have been carried each way over the Intercolonial Railway between St. John and Hali-
fax, under said agreement during said period?

3. What have been the total earnings by the Intercolonial Railway under said
agreement up to the 31st March last, for passengers and freight carried, respectively?

4. What amount has been paid to or earned by the Canadian Pacific Railway for
car liire under said agreement?

5. What number of empty cars of the Canadian Pacific Railway Company have
been hauled by the Intercolonial Railway free under said agreement, and what has been
the cost of such haulage?

6. What would have been the total amount paid by the Canadian Pacific Railway
Company to the Intercolonial Railway, under the tariff prevailing at the time of the
making of said agreement, for the passengers and the freight so carried, respectively?

7. Whether the said agreement has been submitted, as promised by the Govein-
ment, to the Board of Railway Commis-sioners by the Minister of Railways for the mu-
pose of having the Board determine as to whether or not said agreement is disciimina-
tory against the port of St. John. If not. why was it not so submitted?

85

4-5 George V. Alphabetical Index to Sessional Papers. .V 1914

CONTENTS OF VOLUME ZS^Continued.

8. If it is the intention of the Minister of Railways to renew the said agreement,
or to put in force a similar agreement, during the next Winter Port season.

9. What agreement the Government intends to make as to the Atlantic termini of
the fast Atlantic mail steamers for the winter of 1914-1915. Presented May 22, 1914. —
Mr. Pugslcy Not printed.

284. Retuin to an Order of the Senate dated 15th May. 1914 : — ■
iT How many judges have been retired since 1880?

2. What are their names?

3. What salary did they receive in each case?

4. How many years did they serve in each case?

5. What was the reason given for their retirement?

6. How much did they receive for retirement allowance each year in each case?
Ordered, that the same do lie on the table, and it is as follows. — (Senate).

Not printed.

:285. Return to an Address to His Royal Highness the Governor General of the 9th March,
1914, for a copy of all petitions, letters, telegrams and documents by any and all parties
to and by the Department of Railways and Canals, or any other Department of the
Government, with reference to the Southampton Railway Company, also of all reports
of engineers and recommendations regarding a subsidy to the said railway, and of all
Orders in Council granting same, and of all other documents and memoranda in the
possession of the Department of Railways and Canals or other Departments of the
Government regarding the said railway. Presented May 27, 1914. — Mr. Carvell.

Not printed.

-286. Return to an Order of the House of the 2nd February, 1914, for a copy of all correspond-
ence, papers, documents, contracts, &c., between the Government of Canada and any
company, fain or individuals from May 1, 1913, to December 1, 1913, referring to the
establshment of a subsidized steamship service between Canada and the British West
Indies. Presented May 27, 1914. — Mr. Maclean (Halifax) Not printed.

"287. Return to an Order of the House of the 4th May, 1914, for a copy of all papers, letters,
telegrams, accounts and receipts concerning advances made to the Montagnais Band of
Indians through the agency of Seven Islands, Quebec. Presented May 29, 1914. — Mr.
Lemieux Not printed.

288. Return to an Order of the House of the 11th May, 1914, for a copy of all papers, letters,

telegrams, accounts and receipts, concerning advances or payments made by the Govern-
ment to Newton Wesley Rowell, K.C., for legal services in connection with the Oko
Indian litigation. Presented May 29, 1914.— Afr. Sharpe (Ontario) Not printed.

288«- Return to an Order of the House of the 6th May, 1914, for a return showing: —

1. Whether the Government paid Newton Wesley Rowell, K.C., any sums of money
for legal services during the past fifteen years?

2. If so, the amounts and when?

3. Whether the Government paid the fli-m of which Mr. Rowell is the senior pa: tner
any sums of money for legal services?

4. If so, the amounts and in what years? Presented May 29, 1914. — Mr. Sharpe
( Ontario ) Not printed.

289. Return to an Order of the House of tlie 20th April, 1914, for a return showing: —

1. The date of the incorporat'on of the Canadian National Bureau of Breeding,
Limited, with the names, addresses and occupations of the charter members of said
Company.

2. The amount of capital of the Company and the number of shares into which it
is divided.

3. The number of shares taken from the commencement of the Company up to the
date of the return.

4. The amount of calls made on each share, the total amount of calls received, tlie
to_tal amount of calls unpaid, and the total number of shares forfeited.

5. The names, addresses and occupations of the persons who have ceased to be
members within the twelve months next preceding, and the number of shares held by
each of them.

6. The amount of money paid to said Company by the Government in each year
since incorporation. Presented May 29, 1914. — Mr. Sutherland Not pointed.

■290. Return to an Order of the House of the 9th February, 1914, for a copy of all reports made
by the inspectors of agents for placing farm labourers and domestic servants in Canada
during the calemlar years 1912 and 1913. Presented May 29, 1914. — Mr. Sutherland.

Not printed.

291. Return to an Order of the House of the 2nd March, 1914, for a return showing all the
buildings, houses, offices and immoveables, occupied by the Federal Government in
Montreal, for the use of the various Departments and services of each branch of the
administration, together with the following information in each case; for what Depart-
ment and for what service ; where situated, street and number thereof ; whether Govern-
ment property or under lease ; in the latter case, the length of lease, the rent per annum
and also the other charges that may be imposed upon the Government. Presented June
4. 1914. — Mr. Wilso7i (Laval) Not printed.

4-5 George V. Alphabetical Index to Sessional Papf^rs. A. 1914

CONTENTS OF VOLUME 28— Continued.

292. Return to an Order of the House of the 4th May, 1914. for a copy of all correspondence

exchanged by and with the Department of Public Works or the Post OfRce Department,
relating to an application or applications for a post office building at the town of Mel-
ville, Province of Saskatchewan. Presented June 4, 1914. — Mr. MacNutt.

Not printed.

293. Memorandum, correspondence, estimates of cost. &c., in connection with the construction

of the Grand Trunk Pacific Railway — Mountain Section. Presented by Hon. Mr.
Borden, June 4, 1914 Not printed.

294. Return to an Order of the House of the 4th February, 1914, for a return showing the

names and addresses of the people with whom pure bred animals have been placed by
the Department of Agriculture, the breed in each case, and the conditions on which
these animals were placed. Presented June 5, 1914. — Mr. Kay Not printed.

295. Return to an Order of the House of the 30th March, 1914, for a copy of all correspond-

ence, telegrams, instructions, accounts, vouchers and other papers and documents relat-
ing to the purchase of live stock in the Maritime Provinces by one Howard Corning of
Yarmouth, N.S., during the period of his employment; also a copy of the appointment
of the said Howard Corning and of all correspondence, complaints and other documents
relating to the dismissal of the said Howard Corning, if he has been dismissed or retired
from the service, together with a copy of all recommendations, correspondence and other
papers relating to the appointment of the said Howard Coming's successor. Presented
June 5, 1914. — il/r. Siyiclair Not printed.

296. Return to an Order of the House of the 19th March, 1914, for a return showing: —

1. How many pure bred stallions and bulls have been purchased by the Depart-
ment of Agriculture for the use of settlers in the Provinces of Manitoba, Saskatchewan
and Alberta since the first of January, 1912, to date.?

2. "Where these animals were purchased, and from wham ; and also the price paid
for them respectively. Presented June 5, 1914. — Mr. Douglas Not printed.

297. Return to an Order of the House of the 9th February, 1914, for a copy of all correspond-

ence, including letters, telegrams and accounts, regarding the purchase and disposal
during year 1913, of all horses, cattle, sheep and swine for the Department of Agricul-
ture, Province of Quebec for Experimental Farms, or for the improvement of stock,
together with a return showing the commission and fees paid, and to whom paid, for
and on account of said purchases. Presented June 8, 1914. — Afr. Robb.. . .Not printed.

298. Return to an Address to His Royal Highness the Governor General of the 9th February,

1914, for a copy of all arrangements made between the Government and the various
Provinces under the Agricultural Instruction Act. Presented June 10,1914. — Sir Wilfrid
Laurier Not printed.

299. Partial Return to an Address to His Royal Highness the Governor General of the 4th

March, 1914, for a copy of all correspondence, telegrams, petitions, Orders in Council,
and other papei-s and documents, relating to subventions or assistance given, or to be
given, by the Department of Marine and Fisheries or the Department of Agriculture to
firms or joint stock companies, or persons operating cold storage plants for the preser-
vation of fish products in Nova Scotia during the years 1908, 1909, 1910, 1911, 1912
and 1913, excluding .such correspondence, &c., as relates to companies known as Fisher-
men's Bait Association. Presented June 10, 1914. — Mr. Smclair Not printed.

300. Copy of Order in Council No. P.C. 1386, of the 29th May, 1914, concerning the regulations

governing the Radiotelegraph administration. Presented by Hon. Mr. Hazen, June 11,
1914 Not printed.

300"- Copy of regulations governing Radiotelegraphy promulgated under section 11, Radiotele-
graph Act, 1913. Presented by Hon. Mr. Hazen, June 11, 1914 Not printed.

301. Return to an Order of the House of the 27th April, 1914, for a copy of all letters, tenders,

telegrams, plans, specifications and other documents in regard to the construction of the
new ice breaker by the Canadian Vickers Company of Montreal. Presented June 11,
1914. — Mr. Macdonald Not printed.

302. Return to an Address to His Royal Highness the Governor General of the 16th March,

1914, for a copy of all petitions, letters, affidavits, telegrams and documents to and by
the Department of Justice, or any oaher Department of Government, on behalf of or in
reference to "Wm. J. Kelley, a prisoner in the United States federal prison at Atlanta,
Ga,, and of all the letters, telegrams and other memoranda between the Department of
Justice, or any other Department of the Government, and the British Ambassador at
Washington, or the Government of the United States, regarding the imprisonment and
proposed liberation of the said Wm. J. Kelley. Presented June 12, 1914. — Mr. Carvell.

Not printed.

87

4 GEORGE V. SESSIONAL PAPER No. 29b A. 1914

REPORT

OF THE

WORK OF THE PUBLIC ARCHIVES

FOR THE YEAR 1913

ARTHUR G. DOUGHTY

Public Archivist.

printed by order of parliament

OTTAWA

PRINTED BY J. de L. TACHE, PRINTER TO THE KING'S MOST

EXCELLENT MAJESTY

1914

[No. 29b— 1914]

4 GEORGE V.

SESSIONAL PAPER No. 29b

A. 1914

Ottawa, December 30, 1913.
The Hon. Louis Coderre, K.C,
Secretary of State,
Ottawa.

Sir, — I have the honour to submit the following report of the work of the Archives
Branch for the year ending the 31st of March, 1913.

During the past year many additions have been made in the Division of Manus-
cripts, including Transcripts from the Public Records OiEce, the Foreign Office,
Hudson's Bay Company, British Museum, Les Archives des Colonies, Le Ministere
des affaires Etrangeres, and the Department des Fortifications. The Manuscript
Journals of the House of Assembly of Lower Canada have been transferred from the
House of Commons to the Archives, also a number of documents from the Depart-
ment of Indian Affairs and the Department of Militia and Defence. Transcripts have
been made of various documents in the Seminary of St. Sulpice at Montreal, in the
Court House and in other Religious Institutions. From the Maritime Provinces, we
have received the papers of Joseph Howe, George Johnson and of Joseph Laurence;
also various miscellaneous documents which are indicated in the Calendar.

A summary has also been made of the public letters between the years 1801 and
1824 found in the Neilson Collection. The remainder of the papers will be published
next year. The papers of Bishop Inglis have also been completed. Several valuable
original papers relating to Nova Scotia were presented to the Archives by the British
Government, a summary of which is given in appendix ' C

The second volume of Constitutional Documents is nearing completion and the
two volumes on Prairie Legislation are now in the Press. A new catalogue of addi-
tions to our Pamphlet library and a catalogue of prints and engravings are now in
course of preparation.

I have the honour to be, sir,

Tour obedient servant,

A. G. DOUGHTY.

29b— li

CANADIAN ARCHIVES
SESSIONAL PAPER No. 29b

APPENDICES TO ARCHIVES REPORT.

A. — Documents added to the Manuscript Division.

B. — Maps added to the Map Division.

C. — List of Acts of the Province of Nova Scotia, 1749-1753.

List of Acts of the Province of New Binanswick, 1795-1798.

List of Ordinances of Cape Breton, 1790-1803.

List of Duplicate Despatches, Amherst and Boscawen, 1758.

D. — Schedule of the John Lowe Papers.

E. — Ordinances made for the Province of Quebec since the Establishment of
Civil Government until 1767.

F. — Memorandum by the Honourable Toussaint Pothier on political conditions
in Canada, 1829.

G. — Calendar of the Public Letters in the Neilson Collection, between the years
1801 and 1824. •

H. — Abstract of Political Correspondence relating to the affairs of the United
States (1780-1781) in the Ministry of Foreign Affairs, France. (Con-
tinuation of correspondence calendared in report of 1912.)

I. — Completion of the correspondence and journals of the Right Reverend Charles
Inglis, and John Inglis, first and third Bishops of Nova Scotia.

DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

APPENDIX A.

MANUSCKIPTS EECEIVED AND PLACED ON THE SHELVES DURING
THE YEAR ENDED 31st MARCH, 1913.

TRANSCRIPTS FROM EUROPE.*

From England.

public record office. '

CO. 5.

Volume 11, list only.
« 12,

" 13, 1746-1753. American despatches to the Secretary of State.

" 14, 1753-1754. " " " "

15, 1754-1755. " " " "

16, 1755. " " " «

17, 1755-1756. " " « "

18, 1757-1758. " " " "
" 19, 1759. " " « "
" 20, 1760-1761. " " " "

" 855, 1689-1691. Board of Trade correspondence. New England.

" 856, 1689-1691. " " " «

" 857, 1692-1693. " « " «

C.0.42.

Volume 18, 1786. Quebec miscellaneous.

19, 1787. " "

20, 1765-1789. " "

CO. 188.
Volume 37, 1828. New Brunswick state papers.

CO. 217. ;

Volume 96, 1815. Nova Scotia state papers.
" 136, 1818. Cape Breton state papers.
; " 137, 1819. Cape Breton state papers.

CO. 22L
Volume 30, 1758-1761. Naval returns, Halifax.

CO. 226.

Volume 36, 1820. Prince Edward Island state papers.
" 37, 1821. Prince Edward Island state papers.

♦ Where not otherwise indicated, the documents are transcripts and not originals.

CANADIAN ARCHIVES

SESSIONAL PAPER No. 29b

CO. 412 (Duplicates).

Volume 3, 1758. Louisburg despatches.

" 471, 17S9-17&0. Precis of New Brunswick correspondence.

" 472, 1786. Journal of the Legislative Council of New Brunswick.

" 491, 1788-1789, Precis of Nova Scotia correspondence.

" 492, 1789-1790. Precis of Cape Breton correspondence.

" 493, 1749-1753. Ordinances of Nova Scotia.

" 495, 1770-1775. Acts of the Assembly of Nova Scotia.

" 496, 1775-1782. Acts of the Assembly of Nova Scotia.

" 497, 1768-1779. Journal of the Legislative Council of Nova Scotia.

" 498, 1770-1775. Minutes of the Executive .Council of Nova Scotia.

June-July, 1781. Journal of the Legislative Council of Nova Scotia.
" 506, 1789-1790. Precis of Prince Edward Island correspondence.
1795-1798. Acts of New Brunswick.

1790-1803. Ordinances of Cape Breton.

W.O. 12.

Muster roll of the 3rd battalion of the 60th regiment, April 24-Oct. 24, 1759.
Muster roll of the 22nd regiment, Oct. 25, 1759-April 24, 1760.
Muster roll of the 27th regiment, Oct. 25, 1759-April 24, 1760
Muster rolls of the 15th regiment, 1760-1767.

F.O. 9^, Volume 511, 1782-1783.

SHELBURNE MANUSCRIPTS.

Volume 64, 1751-1766.

" 65, 1763-1767.

" 66, 1764-1782.

". 67, 1769-1782.

" 68, 1781-1782.

" 69, 1782-1783.

" 70, 1782.

" 71, 1782-1783,.

Hudson's bay company.

Journals at York Fort, 1716-1722.

Councils, sailing orders, and letters, York Fort, 1719-1720.

Council book and letters, York Fort, 1722.

Journal at Prince Wales Fort, 1722-1723.

PHILLIPPS COLLECTION (ORIGINALS).

Case of Francis Christie vs. Francis Knipe.
Affidavits of inhabitants of Quebec on various matters. 2 vols.
Various original documents relating to the army in Canada, 1766-1795.
Grant of the island of Rustico to David Lawson, May 2, 1785.
Sundry military and civil papers, Quebec, 1760-1772.
Case of Hugh Palliser, 1766.

Collection of original papers of Sir Hugh Palliser relative to Labrador, 1764-1768.
Accounts and lists relating to settlers victualled at Lunenburg and Halifax,
1749-1756.

Eemarks on the Protection Act, Indian affairs, and liquor duties of Nova Scotia.
Various papers relating to Nova Scotia.

8 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Letters to James Murray from relatives, 1759-1767. (Transcript.)
Letters from Admiral Murray to James Murray, 1757-1778.
One volume containing the following items: —

Minute-book of the Port Roseway Associates, 1782-1783.

Muster- book of the free black settlement at Birchtovpn.

Petition of overseers of the poor to the magistrates of Shelburne, 1789.

Sketch of Shelburne manners, 1787.

MISCELLANEOUS.

Letters of James Wolfe, 1740-1759. 2 vols.

Commissions of Gen. Edward Wolfe and Gen. James Wolfe, 1702-1758.

Journal of the Chevalier de Johnstone.

History of the Jesuits in New Prance. Book XITI, part VI. By R. P. Jaques.

Journal of Vice-Adm. Alexander Lord Colville, 1732-1764. (Photostat copy.)

Copies of reports on the governments of Montreal and Three Rivers [by Gage
and Burton], in reply to inquiries of the Board of Trade transmitted in a despatch of
March 9, 1763.

Minute of the Board of Trade on various laws passed in the plantations, May 9,
1767. (Draft.)

Letter from Shelburne to the President of the Privy Council, transmitting a
request from the House of Lords for copies of the commission and instructions to the
governor of Quebec, etc., May 21, 1767. (Original enclosure also present.)

Minute of the Board of Trade on the draft of the new instructions for the governor
of Quebec on the courts of judicature. May 29, 1767. (Original.)

From France.

archives des colonies.

Series B.

(Ordres du Roi. Despatches from the king and his minister to officials in North
America, the West Indies, and at La Rochelle and Rochefort.)
Volume 68, 1739.

" 69, "

" 70, 1740.

71, "

72, 1741.

73, «

" 74, 1742.
" 75 "
" 76', 1743.

" 78', 1744.
" 79 "
" 8oi 1729-1744.
" 81, 1745.

82, "

83, 1746.
" 84, "

" 85, 1747.
" 86, "
" 87, 1748.

SESSIONAL PAPER No. 29b

CANADIAN ARCHIVES

Series D.

(Military Rolls.)

Volume 48, Canada et He Royale. Compagnies Detachees, 1737-1771.
" 49, Canada. Etats-Majors Generaux, 1694-1774.

DEPOT DES FORTIFICATIONS DES COLONIES.

Carton 3, 1700-1784.

ARCHIVES DE LA MARINE.

Series B.^

Yolume

1,

1715.

2,

((

3,

1716,

4,

a

5,

u

6,

a

7,

ii

MINISTERE DES AFFAIRES ETRANGERES.

Correspondence Politique.
Etats-Unis.

Volume 12,

1780,

^,

a

14,

u

15,

1781,

16,

u

17,

u

18,

u

19,

ii

ARCHEVECHE DE PARIS.

Ordinations.

Volume I, 1748-1754.

II, 1761-1770.

" III, 1774-1777.

IV, 1791-1792.

V, 1791-1810.

VI, 1810-1822.

" VII, 1822-1836.

" VIII, 1837-1842.

IX, 1842-1861.

X, 1861-1877.

XI, 1877-1889.

Original Eecords Transferred from the Public Departments.

HOUSE of commons.

Manuscript Journals of the House of Assembly of Lower Canada.

Dec. 17, 1792-May 9, 1793. (English.)
Jan. 22-May 9, 1792. (French.)
Nov. 11, 1973-May 31, 1794. (English.)
Nov. 11, 1793-May 31, 1794. (English.)

10 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v.. A. 1914

Jan. 5-May 7, 1795. (French.)
Nov. 20, 1795-May 7, 1796. (English.)
Nov. 20, 1795-May 7, 1796. (French.)
Jan. 24-May 2, 1797. (English.)
Jan. 24-May 2, 1797. (French.)
Feb. 20-May 11, 1798. (English.)
Feb. 20-May 10, 1798. (French.)
March 28-June 3, 1799. (English.)
March 28-June 3, 1799. (French.)
March 5-May 29, 1800. (English.)
March 5-May 29, 1800. (French.)
Jan. 8- April 8, 1801. (English.)
Jan. 8-April 7, 1801. (French.)
Jan. 11-April 5, 1802. (English.)
Jan. 11-April 5, 1802. (French.)
Feb. 8-April 18, 1803. (English.)
Feb. 8-April 18, 1803. (French.)

Aug. 2- Aug. 11, 1803. (English and French in one volume.)
Feb. 10-May 2, 1804. (English.)
Feb. 10-May 2, 1804. (French.)
Jan. 9-March 25, 1805. (English.)
Jan. 9-March 25, 1805. (French.)
Feb. 20-April 19, 1806. (English.)
Feb. 20-April 17, 1806. (French.)
Jan. 21-April 16, 1807. (French.)
Jan. 29-April 14, 1808. (English.)
Jan. 29-April 14, 1808. (French.)
April 10-May 15, 1809. (English.)
April 10-May 15, 1809. (French.)
Jan. 39-Feb. 26, 1810. (English.)
Jan. 29-Feb. 26, 1810. (French.)
Dec. 12, 1810-March 21, 1811. (English.)
Dec. 12, 1810-March 21, 1811. (French.)
Feb. 21-May 19, 1812. (English.)
. Feb. 21-May 19, 1812. (French.)

S st ^2-1^15. 1813.1 (E-^lisl. la one volume.)

it t'^^S^ 1813.1 (^-*- I-^ »« ™l"->

Jan. 13-March 17, 1814. (French.)

Jan. 21-March 25, 1815. (French.)

Jan. 26-Feb. 26, 1816. (French.)

Jan. 15-March 22, 1817. (English.)

Jan. 15-March 22, 1817. (French.)

Jan. 7-April 1, 1818. (French.)

Jan. 12-April 24, 1819. (English.)

Jan. 12-April 24, 1819. (French.)

r U:t.'«LVh Tr. 18.1.1 (--eh. In one volume.)

Dec. 11, 1821-Feb. 18, 1822. (English.)

Dec. 11, 1821-Feb. 18, 1822. (French.)

Jan. 10-March 22, 1823. (French.)

Nov. 25, 1823-March 9, 1824. (English.)

Nov. 25, 1823-March 9, 1824. (French.)

CANADIAN ARCHIVES 11

SESSIONAL PAPER No. 29b

Jan. 8-Marcli 22, 1825. (French.)
Jan. 21-March 29, 1826. (French.)
Jan. 23-March 7, 1827. (French.)
Nov. 21, 1828-March 14, 182&. (French.)
Jan. 22-March 26, 1830. (French.)
Jan. 24-March 31, 1831. (French.)
Nov^ 15, 1831-Feb. 25, 1832. (French.)
Nov. 15, 1832-April 3, 1833. (French.)
Jan. 7-March 18, 1834. (French.)
Feb. 21-March 18, 1835. (French.)
Oct. 27, 1835-March 21, 1836. (English.)
Oct. 27, 1835-March 21, 1836. (French.)
Aug. 18-Aug. 26, 1837. (French.)

Miscellaneous.

Ordres du jour, 1835-1836.

Titles of bills, with the names of the persons by whom they were introduced,
1831-1836. (4 vols.)

Minutes of the Royal Commission on the Canadian Pacific Railway Inquiry,
May 1-July 3, 1873.

Parchment rolls containing the oaths of allegiance of the members of the Legisla-
tive Assembly of Canada under the Union. (Original rolls for the sixth, seventh and
eighth parliaments, and a copy of that for the fourth parliament.)

"Votes and proceedings of the Legislative Assembly of Canada. Aug. 19, 1852-
June 14, 1853. (Printed.)

DEPARTMENT OF INDIAN AFFAIRS.

Orders in Council, 1793-1869. 3 cartons.
" Organization and Administration " papers. 3 cartons.
Six Nations leases. 2 cartons.
Reports on petitions, 1858-1873. 2 cartons.
Letters received, 1765-1875. 62 cartons.
Packages of letters from Indian superintendents, 1844-1861.
Packages of letters received, 1844-1872.
List of letters received, 1837-1842. 1 vol.
Reports and statements for government. 3 vols.
Orders in Council. 2 vols.
General Orders, 1814-1830. 1 vol.

Documents respecting the Iroquois of Caughnawaga. 1 vol.
Letter-book of the govemor-general's civil secretary, 1793-1794.
Letter-book of the military secretary, 1821-1825.

Letters from Sir John Johnson to the military secretary regarding the appoint-
ment of Mr. Doucet as agent, 1823-1824, 1 vol.
Grand River claims. 1 vol.
Index to petitions. 1 vol.

Abstract of requisitions on account of land payments commencing in April, 1835.
1 vol.

Pay lists, 1800-1811. 1 vol.

1811-1816, 1820-1821. 1 vol.

1821-1828. 1 vol.

and estimates, 1826-1830. 1 vol.

Lower Canada, 1808-1818. 1 vol.
" and abstracts, Lower Canada, 1818-1825. 1 vol.

12 DEPARTMENT OF TEE SECRETARY OF STATE

4 GEORGE v., A. 1914

Annual estimates for payments for lands surrendered to the Crown, 1820-1833.

1 vol.
Requisitions and estimates, 1815-1819. 1 vol.
Estimates of presents and stationery, 1814-1820. 1 vol.
Estimates and returns, 1827-1850. 1 vol.

Estimates for presents and lists of lands purchased, 1826-1853. 1 vol.
Robinson Treaty papers. 1 bundle.
Papers concerning reserves, etc., in Nova Scotia. 1 bundle.

DEPARTMENT OF MILITIA AND DEFENCE.

Register of men enlisted in corps of infantry, 188-1-1886.

" " " A and B batteries of artillery, school of gunnery,

1880-1896.
Register of men enlisted in the school of cavalry, 1884-1896.

" " on service in Manitoba and the Northwest.

Register of forms issued and received, 1871-1876.
Portfolio of papers connected with the Quebec Tercentenary.
General Orders in connection with the Quebec Tercentenary.
Register of men enlisted in the school of mounted infantry, 1884-1896.
*Letter-books of the office of the Adjutant-General of militia. Lower Canada.

1777-1790.

1791-1797.

Jan., 1790-Nov., 1792.

1803-1805.

March, 1805-Nov., 1807.

Nov., 1807-March, 1812.

March-Dec, 1812,

Sept.-Nov., 1812.

Dec, 1812-April, 1813.

April-Nov., 1813.

June-Sept., 1813.

Nov., 1813-Dec, 1814.

Dec, 1813-March, 1815.

Jan., 1815-Dec., 1816.

May, 1818-Dec., 1819.

Jan., 1820-Nov., 1822.

Nov., 1822-Jan., 1823.

Jan., 1825-April, 1831.

May, 1830-Dec., 1833.

Jan., 1834-Nov., 1840.

Sept., 1797-Dec., 1802. Letters sent to commissioned officers at Montreal
and Boucherville.
April, 1798-May, 1803; Letters sent to commissioned officers at Chambly, La

Valtrie, etc.

Miscellaneous.

General Orders, 1813-1814.

" " Feb., 1813-Dec, 1814.

Muster rolls of Canadian militia of the district of Quebec, 1776.
List of active militia officers with the dates of their commissions, 1812.
Reports, correspondence, etc., 1816-1817.
Militia forms, 1872-1873.

•These letter-books and miscellaneous records evidently once formed part of the archives
of the Department of Militia and Defence ; they were found in an old stable in Ottawa.

CANADIAN ARCHIVES 13

SESSIONAL PAPER No. 29b

Kegister No. 1 Infantry School, " A " Company, Fredericton, with monthly

returns, 1884.
Oash book of the adjutant-general, 1801.

DEPARTMENT OF FINANCE.

Cadastres of the following seigniories and fiefs : —

Batiscan. Lauzon.

Sillery. Cap la Madeleine.

St. Gabriel. Laprairie de la Madeleine.

Banlieu de Trois Eivieres. Notre Dame des Anges.

Pachevigny, Sorel.

St. Nicolas. Belair.

Fief dans la ville de Levis,

Miscellaneous.

Registers containing the inquiries made for the purpose of drawing up cadastres,

Nos. 1-20.
Diary of the proceedings of the court for the revision of schedules made under

the seigniorial act of 1854 and its amendments. 1 vol.
Lods et ventes. 5 vols.
Table of corrections, etc., lods et ventes, Soulanges and New Longueuil. Books

" A " and " B."
Judgments of Commissioner Turcotte on the cadastres closed by him in the

district of Three Rivers. 1 vol.
Plumitif of the Revision Court. 1 vol.
Statement of payments made to the seigniors for interest on casual rights since

July 1, 1857. 1 vol.
Statement of the semi-annual payments due Jan. 1, 1863, for the casual rights

of the seigniories in the districts of Quebec, Kamouraska, and Gaspe. 1 vol.
Final state of the cadastres. 1 vol.

Enqiietes opened and closed by Henry Judah. Book " B."
List of applicants to be appointed seigniorial commissioners, and others who are

deemed eligible. 1 vol.
Letter-book of S. Lelievre. 1 vol.

Journals, accounts, minutes, and sundry other records. 8 vols.
Miscellaneous portions of drafts of cadastres.
Receipt books, Aug. 14, 1856-June 30, 1863. 15 vols.
Nominal index to letters received.
Miscellaneous files, relating mainly to crown lands, 1863-1864.

DEPARTMENT OF AGRICULTURE.

Letter-book, Agriculture and Statistics, 1857-1860.

" " " " 1860-1862.

" " " " 1862-1864.

Register of letters received, 1862-1864.

Index of correspondence received by the Branch of Statistics, 1851-1862.
Register of correspondence received by the Department of Agriculture, 1866'

1867.
Letter-book, Emigration, 1862-1864.
Letters received by the Central Board of Health, 1854.
Letter-book of the Central Board of Health, 1854.
Register of files sent, Archives Branch, 1871-1872.

14 DEPARTMENT OF TEE SECRETARY OF STATE

4 GEORGE v., A. 1914

Subscriptions of agricultural societies of 'Lower Canada, 1864.
Subscriptions of agricultural societies of Upper Canada, 1864.
Orders in Council relating to the Department of Agriculture, 1855-1864.
Papers' relating to emigration and the Saguenay country, 1829.
Minutes of proceedings relating to the Paris Exhibition, 1854.
Census atlas of Canada, 1860.

DEPARTMENT OF PUBLIC WORKS.

Land records of Upper Canada. 3 vols.

General account of goods imported at the port of Montreal for the quarter end-
ing Jan. 5, 1850. 1 vol.

Reports on public works of Quebec and Ontario. 1 vol. (Copy.)

Titres, etc., proprietes du gouvernement, Quebec, Montreal. 1600-1870. 1 voL
(Copy.)

Report of Lieut.-Col. Phillpotts on the inland navigation of the Canadas. 1839>
1 vol. (Copy.)

POST OFFICE DEPARTMENT.

Articles of agreement between the Post Office Department of Canada and that of
the United States. 1851 and 1873. (Three files.)

LIBRARY OF PARLIAMENT.

Census of 1831, Lower Canada. 19 vols.

MISCELLANEOUS MATERIAL RECEIVED FROM VARIOUS PARTS OF CANADA.

Joseph Howe Papers.

George Johnson, Papers.

Bishop Inglis Papers. (Copies.)

Rough Minutes of the Executive Council of New Brunswick, 1785-1857. (110

portfolios.)
Joseph Lawrence Collection: —
I. Boundary Papers.

(a) Argiiments and documents employed as evidence in the northeast

boundary dispute.
(h) Eield Books.

(c) Correspondence.

(d) Accounts.

II. Letter-book of communications from the collector and the comptroller
at the port of Charlottetown, Prince Edward Island, to the Board of
Commissioners of His Majesty's Customs, May 7, 1789-July 21, 1809.
Not indexed. 400 pp.
III. List of the nimiber of vessels and their tonnage, which have been regis-
tered at the port of St. John, and the ports to which they belong.
Dec. 31, 1817. 12 pp.
IV, Note books of Joseph Lawrence. 122 numbers.
V. Miscellaneous correspondence and other papers.
Township book of Windsor, Hants county, N.S., Nov., 1799-April, 1845.
Poor book, Newport, N.S., 1789-1881.
Marriage register, parishes of Dundas and Wellington. 1870-1874. (Photostat

copy.)
Township book of Annapolis, N.S., 1790-1853.

Vestry book of St. Martin's Church, Shediac, Westmorland county, N.B., 1837-
1881. (Also contains sundry accounts. Photostat copy.)

CANADIAN ARCHIVES 15

SESSIONAL PAPER No. 29b

Record of the court of common pleas, Westmorland county, 1816-1838.

Eegister of marriages, baptisms, and burials, St. Martin's Shediac, Westmorland

county. 1825-1834. (Photostat copy.)
Register of duties performed out of the parishes of Shediac and Cocaine. 1833-

1835. (Photostat copy.)
Township book of Wilmot, N.S. 1806-1892.
Record of judgments of the court of common pleas, Westmorland county. 1785-

1823.
Record of the court of sessions, Westmorland county. 1798-1809.
Grand jury proceedings, Annapolis county, N.S. 1786-1800.
Record of the court of common pleas, Westmorland county. 1786-1804.
Record of the court of sessions, Westmorland county. 1785-1797. (Lists of town'

officers included.)
Town book of Granville, N.S.

Fort Edward barrack book. 1776-1778. (Kept by G. H. Monk.)
Manuscript history of Prince Edward Island, by Gardiner.

Account of shipbuilding in Moncton, N.B.

Letters of the Duke of Kent to Lieut.-Gen. Prescott. 1796-1799. (Transcript.)
Register of marriages, births, and deaths in the township of Horton, N.S.

(Arranged alphabetically. Nearly all of the entries are within the period

1750-1880. Transcript.)
Essay on the northeast fisheries, by E. Anderson.
Register of marriages, births, and deaths within the district and parish of Sydney.

1785-1813. (This register also contains sundry other records of a later date.

Photostat copy.)
Memorial of Col. Joseph Goreham to Sir George Yonge. Oct. 15, 1787.
Miscellaneous records from the Seminary of St. Sulpice, Montreal. (50 envelopes.

Transcripts.)
Aveu et denombrement of seigniories in the district of Montreal. 1781. (Tran-
script.)
Register of Notre Dame de Montreal. 1701-1718. (Transcript.)
Report on the archives of St. Mary's College, Montreal, by P. M. O'Leary.
Minutes of the Committee of Correspondence at Montreal, 1834-1835.
Minutes of the Committee of Correspondence at Quebec, 1834.
Minutes of the Committee of Correspondence at Quebec, 1834. (Photostat copy.)
Letters of L. J. Papineau, 1824-1855. (Photostat copy.)
Letters of C. 0. Perrault, 1834-1836. (Photostat copy.)
Translation of a letter of Paul le Jeune. March 18, 1642.
De Salaberry Papers. One portfolio. (Copy.)
Various letters and registers from the archives of the Hopital General, Montreal.

1699-1771. (Transcripts.)
Memoire du Canada. 1749-1760. (Transcript.)

Minutes of the notary Severin Ameau, Three Rivers. 1661. (Transcript.)
Precedes des Habitants de la Cote et du District de Montreal 1822-1825^

(Transcript.)
Concessions of Paul de Chomedey, Maisonneuve. (Transcript.)
Military orders of the French campaigns of 1756-1757. (Transcript.)
Garrison orders, Quebec. July 4-Dec. 23, 1812.

Memorial on education by sundry inhabitants of Quebec, Nov. 1&, 1787.
Letter-book of correspondence from the collector and comptroller of customs at

Montreal to the Commissioners of Customs, 1832-1843.

John Neilson Collection.

James Allison Papers, 1823-1847. (Deal chiefly with immigration at Montreal,
1840-1843. 7 cahiers.)

16 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Letter-book of the estate of William Brown. March 26, 1789-Dec. 9, 1790.
Observations made by Samuel Neilson in a tour made below Quebec in Sept .

1826.
Historical note© extracted from the Quelec Gazette, May 29, 1766-Sept. 22. 1774.
John Neilson's journal as commissioner to visit the principal penitentiaries in

the United States. 1834.
Journal of Mgr. J. O. Plessis. 1819-1820. 2 vols.
Guard book of letters received by the naval storekeeper at Montreal from the

naval establishment at that place. 1817.
Letter book of the naval department at Ivingston. Nov. 21, 1814-March 19, 1815.
Guard book of letters from the Admiralty to Capt. Barrie, acting commissioner

of the navy, Kingston, 1823-1826.
Anonymous journal of events from 1834 to 1847. (Centres at Montreal.)
Book of reference to the turnpike road between Terrebonne and Joliette, 1874.
De Salaberry Papers. 3 vols.

Letter-book of Jolm Campbell, 1806-1810. (A Quebec merchant.)
J. G. Boisseau's account-book relating to a seigniory at the riviere du sud, etc.

1828-1840.
Gregorian hjinnal, formerly used in the parish church at Ste. Foye.
Terrier du fief et seigneurie de la Pocatiere. 1790.
Terrier du Port Joly. 1773-1793.
Minutes of the Lottery Club at Quebec. 1799-1800.
Bules and members of the Quebec Benevolent Society, 1789-1808.
John Neilson correspondence, 1795-1853. 7 portfolios.
Miscellaneous Papers. 3 Portfolios.

Miscellaneous Collections and Documents.

Taschereau Papers, 1694-1874. 1 portfolio.

Coppey Collection.

Morrill Collection.

Sketch of the British American Land Co.

W. A. Hale Papers.

Papers relating to St. George's Church, Lennoxville.

Sundry papers obtained from Col. Worthington, Sherbrooke, and from the court

house at that place.
Order book of the Ottawa Brigade, Garrison Artillery, April, 1870-Sept., 1873.
Garrison order book, Fort Wellington, Nov., 1865-June, 1866.
Minutes of the surrogate court of the Eastern District, Upper Canada, 1796-1833.

(Transcript.)
Letter-book of the St. George's Society, Ottawa. 1860-1865.

Letters of Lieut.Gen. Hunter to heads of departments. 1799-1805. (Transcript.)
Letter-book of military correspondence of Lieut.-Gen. P. Hunter. Oct., 1799-

Aug., 1805. (Transcript.)
McGillivray Papers.
Gilkison Papers.
Hayes Papers.
Higginson Papers.

Election writ and return for the south riding of Lanark, 1869.
Commission of Poulett Thomson as governor of Upper Canada. Sept. 6, 1840.
Petition from citizens of Toronto to the governor general, Oct. 1, 1862.
Letter-book of president Peter Russell. Feb. 14-July 10, 1799. (Transcript.)
Catalogue of muster rolls in the Massachusetts archives, vols. 91-99, 1710-1722.

(Copy.)
Hudson's Bay Co. journal at Severn House, 1775-1776, 1788-1790.
Manuscript of a history of the Red River troubles of 1869-1870.

CANADIAN ARCHIVES 17

SESSIONAL PAPER No. 29b

APPENDIX B.

MAPS EECEIVED AT THE PUBLIC AECHIVES IN THE FISCAL YEAK

1912-13.

Map showing Branches of Chartered Banks in Ontario and Quebec. Nov., 1911.
36 X 33.

Topographical Map, Ontario-Quebec. Lachute sheet. Dept. of Militia, 1910.
30 X 24.

Karte von Der Insel Montreal und den gegenden umher, nach den Manuscripten
der Karten Grundrisse und Tagebiicher bey der Marine entworfen, von N.
Bellin, etc., 1760. 12 x 9^.

Plan of the Town & Fortifications of Montreal or Ville Marie in Canada.
(Lond. Mag.), 1760. 11 x 8.

Quebec Battlefields Park, National B'fields Commission. F. G. Todd. 1909.

A Plan of Fort du Quesne, situate in the Forks of the Monogohoela and the Ohio,
built by the French Ann. Dom., 1754. Photo of Stobo's map in Chateau de
Eamezay. 7 x 7^.

A Plan of the Harbour of Chebucto and Town of Halifax. 11 x 9. Print.

Carte de la deoouverte faite I'an 1663, dans I'Amerique Septentrionale. Liebaux,
sculp. Also Tasman map, dans Eecueil de Voyages de M. Thievenot, dedie au
Koy MDLXXXI.

Plan of the Siege of Plattsburg, and Capture of the British Fleet on Lake Cham-
plain, the 11th of September, 1814. To accompany B. Tanner's Print of
Macdonough's Victory. From Original in Library of Congress. 8 x 10.

Amerique Septentrionale.

A plan of Settlements proposed to be made at Annapolis, Menis and Shignecto,
Chignecto, etc. Proposed Settlements on the Bason of Annapolis Royal,
Minas, etc. Eed. 12 June 1749. Referred to in ye Copy of a Lettr. from
Gov. Shirley to the Duke of Bedford, dated Boston the 18th Feby. 1748-9.
Red. with Gov. Shirley's letter to ye Board of Trade, dated ye 27 April 1749.
Ms. Copy of original ms. Nova Scotia No. 13, Colonial Office Library. 18
X 14.

No. 3. A Survey of Part of the North Shore of the River St. Lawrence, Done
in the Year of 1768. By Ensn. Geo. Sproule of His Majesty's 59th Regi-
ment. Under the Direction of Samuel Holland Esq., Surveyor General of
the Northern District of North America. Drawn from the Original Survey
4000 feet to an inch by Ensn. George Sproule.
(This Survey ibelongs to the office of the Secretary of State for the Home
Department, Wm. Pearce, Librarian.) Endorsed North Shore of River St.
Lawrence, Secretary of States Office, by Sproule, 1768). Copy of original ms.
Canada No. 28. Sheets 1, 2 and 3, CO. Library. -

Carte de la Nouvelle France, ou se voit le cours des Grandes Rivieres de St-
Laurens & de Mississippi aujourd'hui S. Louis. Aux Environs des-quelles
se trouvent les Etats, Pais, Nations, Peuples, &c., de la Floride, de la Louisi-
ane, de la Virginie, de la Marie-lande, de la Pensilvanie, du Nouveau Jersey,

29b— 2

18 DEPARTMENT OF TEE SECRETARY OF STATE

4 GEORGE v., A. 1914

de la Nouvelle Yorck, de la Nouv. Angleterre, de L'Acadie, du Canada, des
Esquimaux, des Iroquois, &c. Et de la Grande He de Terre Neuve. Dressee
sur les Memoires les plus Nouveaux recueillis jwur L'Etablisement de la Com-
pagnie Frangoise Ocident, Tom VI, No. 23, pag. 91. Scale Cinquante heures
de chemin to 1 inch English. Insets: Veue de Quebec; Les Environs de
Quebec; Les Costes de la Louisiane, depuis la Baye de 1' Ascension jusque
a eelle de St-Joseph. Kemarks. 20 x 17| inches.

Partie Orientale du Canada ou de la Nouvelle France ou sont les Provinces ou
pays de Saguenay, Canada, Acadie, etc., les Peuples ou nations des Etche-
mins, Iroquois, Attiguameches, etc. Auec la Nouvelle Angleterre, la Nouvelle
Ecosse, la Nouvelle Yorck et la Virginie, les Isles de Terre Neuve, e Cap
Breton, etc., le Grand Banc, etc. Dressee sur les Memoires les plus Nou-
veaux par le P. Coronelli, Cosmographe de la Serenis™^ Rep. de Venise.
Dediee A Monsieur I'Abbe Bavdraud, Par son tres humble Serviteur J. B.
Nolin. A Paris, Chez J. B. Nolin sur le Quay de FHorloge du Palais,
proche la Eue de Harley, a I'Enseigne de la Place des Victoires. Avec
privilege du Roy 1689. 23i x 18.

A map Exhibiting all the New Discoveries in the Interior Parts of North
America, Inscribed by permission to the Honorable Governor and Company
of Adventurers of England trading into Hudson's Bay In testimony of their
liberal Communications To their most Obedient and very Humble Servant
A. Arrowsmith, Hydrographer to H.R.H. the Prince of Wales. 1795 to 1802.
(See also No. 197 of the Catalogue.) Astronomical Notes in a separate
volume.

Stansbury^s Expedition, with mai>s, viz.. Map of the Great Salt Lake and Adjacent
country in the Territory of IJtah, Surveyed in 1M9 and 1850 under the
orders of Col. J. J. Albert, Chief of the Topographical Bureau, by Capt.
Howard Stansbury of the Corps of Topographical Engineers, aided by Lieut.
J. W. Gunnison, Corps, Topographical Engineers, and Albert Carrington.
Drawn by Lt. Gunnison and Charles Preuss. Ackerman Lith., Broadway,
N.Y.

Map of a Reconnoisance between Fort Leavenworth, the Missouri River, and
the Great Salt Lake in the Territory of Utah, made in 1849 and 1850, etc.
The adjacent country laid down from the latest and most authentic data.

Andrews Report, U. S. Senate Documents.

Map of the Railways in the United States in operation and progress, to accom-
pany a Report from the Treasury Department, by Israel D. Andrews. Drawn
and Engraved i;nder the direction of the Editor of the American Railroad
Journal, Ackerman Lith.

Map of the Eastern portion of British North America, including the Gulf
of St. Lawrence, and part of the New England States, compiled from the
latest Surveys and Charts by Henry F. Perley for the report of Israel D.
Andrews to Hon. Thomas Corwin, Secretary of the Treasury, 1853. Ackerman,
Lith.

Map of the Straits of Florida and Gulf of Mexico to r.ccompany a report from the
Treas. Dept., etc., in obedience to the resolution of the Senate of March 8th,
1851. From the Archives of the U. S. Coast Survey, A. D. Bache, Super-
intendent, 1852.

Map of the Basin of the St. Lawrence, showing also the natural and Artificial
Routes between the Atlantic Ocean and the Interior of North America, by
Thomas C. Keefer, jr. I. D. Andrews Report to Hon. Thomas Corwin,
Secretary of the Treasury, 1853. Ackerman, Lith.

CANADIAN ARCHIYES 19

SESSIONAL PAPER No. 29b

Map of the North West part of Canada, by Thomas Devine. 1857 (Duplicate
of No. 3769).

Plans with the Eeport of the Geological Sur\'ey, Department of the Interior.
(Duplicate) 1853.

Plans with the Eeport of the Department of Crown Lands, 1857 (Duplicate).

Northwest Territory, Eeport of the Assiniboine and Saskatchewan Exploring
Expedition, by Henry Youle Hind, M.A. 1859, Printed by order of the
Legislative Assembly. Cross section, Eed Eiver, Assiniboine Eiver, Saskat-
chewan and branches.
Track Survey of the Saskatchewan between Cedar Lake, and Lake Winnipeg,
shewing the Grand Eapid.

Track Survey of the Qu'Appelle Valley from Sand Hill Lake Westward,
showing its junction with the Saskatchewan.

Exposure on Deer Island.

Geographical map of a portion of Eupert's Land, by H. Y. Hind.
Approximate sections.

Map of a portion of Eupert's Land, in 3 sections.
Eeport on the Exploration of the Country between Lake Superior and the Eed
Eiver Settlement, and Between the Latter place and the Assiniboine and
Saskatchewan. By S. J. Dawson, Esq., C.E., 1859. Printed by Order of the
Legislative Assembly.
Map showing the Eoute by Eoad and Navigation for connecting the Atlantic
and Pacific Oceans.

Profile of the Eoute.

Plan shewing the Eegion Explored by S. J. Dawson, and his party between
Fort William, Lake Superior, and the Great Saskatchewan Eiver between
1st of August, 1857, and 1st of November, 1858. Eng. by J. Ellis, Toronto.
Charts. (6) St. Lawrence Navigation. Off.

Atlas containing maps of the Counties in Upper and Lower Canada, laid before
the Legislature of the Province of Canada in the year 1853 by the Crown Lands
Department. Matthews, Lith. (85 plans.)
A New and Improved School Atlas to accompany The Practical System of Modern
Geography by J. Olney, A.M., containing:

1. A Map of the World. '

2. A Chart of the World.

3. A Map of North America.

4. A Map of the United States.

5. A Map of New England.

6. A Map of the Middle States.

7. A Map of the Southern States.

8. A Map of the Western States.

9. A Map of South America.

10. A Map of Europe.

11. A Map of Asia.

12. A Map of Africa.

13. A Chart exhibiting in a new plan, The Comparative size of the

present Empires Kingdoms, etc., etc.
New York, Published by Eobinson, Pratt & Co. 1837. Coloured engravings.
Topographic Map, Ontario, Long Point Sheet, Militia Department, 1909.

Topographic Map, Ontario, Port Burwell Sheet, Militia Department, 1909.
29b— 2i

20 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Plans des Principales Cites De L'Univers, Amsterdam, By Danker Dankerts n/d.
(Circa 1666.) A collection of 50 plans, birds-eye views, etc., of the chief
cities of the world, with notes. Amongst those most interesting to Canadians
are one of London, of the period of the plague and the fire, time of Charles
II, and one of the Paris of the Cardinals Richelieu and Mazarin. ' There is
also a very rare old plate of the original home of the Carthusian order, as
founded by S. Bruno.

Nowell Amsterdam, en L'Amerique. Inset: La Nouvelle Hollande en Amerique.
(Print-framed.) 1762.

Print of the taking of Louisburg, 1758, by Martin Wall. (Framed.)

Maps to illustrate the System of Canadian Irrigation Surveys. 20 maps with the
Report of the Department of the Interior for 1894.

Preliminary Map of a Portion of the District of Alberta showing Canadian Irri-
gation Surveys during 1894. Revised to 1st May, 1896. Department of the
Interior. Sheets 1 and 2.

Carte Regionale de la Province de Quebec. Comprenant le Comte de Matane.
Dressee au Departement de la Colonisation, des Mines et de Pecheries. Sous
la direction de I'ingenieur du Departement. C. R. Devlin, Ministre. Quebec,
ISTovembre, 1911. Compilee par F. P. Genest, A.G. 44i x 30.

Map of Manitoba, Saskatchewan and Alberta, showing the number of Quarter
Sections available for Homestead entry in each Township. Corrected to
January Ist, 1912. Preliminary edition. Railways Lands Branch. F. C. C.
Lynch, Supert.

Plan du Terrain a la Pointe a la Chevelure, 1731.

Manitoba. Map showing disposition of Lands. Prepared in the Railway Lands
Branch. F. C. C. Lynch, Superintendent. Corrected to January 1st, 1912.
Dept. of the Interior.

Boundary Line between Quebec and Chatham, showing line at Point Fortune.
Sketched from a plan, with O. in C, 21st July, 1866, calling attention to
conflict between federal and provincial legislation on the boundary.

Queenston Heights. C. 682, p. 232.

Plan of the disposition of the Hostile force in the Action of the 11th Nov', 1813,
at Chrysler's Farm. 9J x 7|.

Sketch of Burlington Heights. 14 x 16.

Map of the Minneapolis-St. Paul and Sault Ste. Marie Ry. — The Soo Line.—
Matthews, Northrup and Co., Art printing works, engravers, Buffalo, N.Y.
39 X 15. Coloured print.

Map of the State of New York, with its Counties, as defined by statute, March
7th, 1788. Litho. Hoffman and Knickerbocker, Albany, N.Y. From proceed-
ings of the Commissioners. 11^ x 8|. Photo, hand coloured from engravings.

Carte du Lac Ontario, et du fleuve St. Laurent, depuis le Lac Erie, jusques au
dessoux de L'Isle de Montreal, fait a Quebec 20 Sept'bre, 1728. Chaussegros
de Lery. 36 x 15i.

A Map of the Oneida Reservation including the Lands leased to Peter Smith.
11 x 9.

A Map of part of the State of New York with parts of the adjacent States, made
in 1703-4 by John Adams and John Wallis.

Amerique Septentrionale. Publiee sous les Auspices de Monseigneur le Due
D'Orleans, Premier Prince du Sang. Par le S'. D'Anville MDCCXLVI.
Avec Privilege. A Paris chez I'Auteur aux Galeries du Louvre. Inset:
Hudson Bay et environs. Photo copy. Two sheets, each 3v3| x 17|.

CANADIAN ARCHIVES 21

SESSIONAL PAPER No. 29b

Map of Southern Alberta, showing lands available. 1912.
Map of the Dominion of Canada, 1912. Department of the Interior.
Map of the Dominion of Canada, showing Railways in operation and construc-
tion. Eight sheets. Department of the Interior, 1912,
Plan figuratif de la Seigneurie de Repentigny, apartenent a Monsieur de St. Ours^

fait par I'arpenteur Sousigne a Montreal le 18 Juillet 1765. J. B*. Raymond.

Endorsed — Plan de la 9eigneurie de Repentigny apartenent a Mon. de St.

Ours. Fait a Montreal 18th Juillet 1765. J. H. Raymond, arpenteur.

35J X 19. Coloured, original ms.
Plan figuratif du Seigneurie de St. Ours. Extrait de I'ancien plan de la ditte

Seigneurie par L' Arpenteur sousigne a Montreal le 12th Juillet 1765, J. H.

Raymond. Endorsed, ' St. Ours — Plan of Mon. St. Ours Seigneurie de

St. Ours, 12th Juillet 1765.' 44| x 19. Coloured, original ms.
The Island of St. John or Prince Edward's Island from Recent Surveys. Origin-

nally surveyed by Major Holland, with additions to 1850. 30 x 15^. Coloured

print. John Wyld, London, pul/.
Les Costes aux Environs de la Riviere de Misisipi, decouvertes par M. de la

Salle en 1683, et reconnues par M. le Chevalier d'Iberville en 1689 et 1699

par N. de Fer, Geographe de Monseigneur le Dauphin, 1701. Vincent de

Ginville, sculpsit.
Avec * Description de la Decouverte du Missisipi par N. de Fer, en la Biblio-

theque Nationale. Copy.
Croque de la Riviere de Mississippi, 1700, Photo.
New Settlements on the River Etchemin. Smillie Se,
Plan of St. John River and adjacent district in New Brunswick, Canada East

and Maine. Showing roads, railways. Boundaries, etc. 1862.
Isle aux Noix and Fort Lennox, 1863-4.
Bytown, 1851-3.
Route of the troops from St. John, N.B., to Canada, 1862. Signed ' Wolseley.*

Original coloured plan.
Plan du Fort au dessous la Rapide St. Jean au Moiiilles la barque du lac cham-

plain, fait a St. Jean le 9™* Juin 1748. Lery. Vue et approvee a Montreal

le 10™^ Juin 1748. L. A. Galissoniere. Desihee par M. de Lery fils 1750.

Photo copy of N*^ d'ordre 503^ Depot de Fortification.
Part of Montreal District, showing Counties. Coloured ms. 17^ x 12^. u/d;

n/'S ; n/t.
Map of part of Quebec and the Maritime provinces.
A Plan of a new road in the Parish of Dechambault, declaration of survey by

John Collins, D.S.G., 22 May 1867. 57i x 19|. Original coloured ms.
Carte du Comte de Bonaventure 1905. Jean Prevost, ministre. Desinee par

L. Coenraets. 35 x 16. Coloured print.
Comte de Gaspe, Province de Quebec. Dressee au departement de la Coloniza-
tion, des Mines et des Pecheries, Quebec 1905. 30 x 22.
Part of Kingston, showing proposed purchase. 23 May 1817. 9| x 14^.
Part of Holland's map of Eastern Canada, made for the Secy, of State 1790. (A

duplicate of 287.), in 4 sections, coloured ms.
Le Grand banc de Terreneuve.
A Map of Vermont. Coloured ms. Copy of a map. C. O. Records, 5, Vol. 8,

p. 77. 14i X 17i.

22 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Chart showing Quick Flashing Lights on the Atlantic Coast of Canada. Marine

and Fisheries Department. Coloured print. 1911-2.
City of Fort William. Plan showing the Harbour and Freight and Grain

handling facilities. H. S. Hancock, J. City Engineer, December 1908.

Illustrated. 34 x 18.
Map of the District of Patricia, Province of Ontario. With Report of Bureau

of Mines, 1912. W. G. Miller. 27 x 29. Coloured print.
Gulf of St. Lawrence, Magdalen Islands. Crown Land Department, Quebec,

15th March, 1825. John Rolph, Commissioner. 16 x 19. Matthews — ^Lith.,

Montreal. Coloured litho.
Lake Superior, by Lieut. Henry W. Bayfield, assisted by Mr, Phillip Ed. Collins.

Mid. between the years 1823 and 1825. Crown Lands Department, Quebec,
.12th March, 1853. John Rolph, Commissioner. True copy. Matthews, Lith.

37 X 18.
Sketch of Lake Superior, showing the supposed Northern and Western Limits

of this Province in that direction. G. Matthews — Lith. Crown Lands Dept.,

Quebec, 12th March, 1853. John Rolph, Com. 20 x 14.
Bird's Eye View of the Central Business Portion of Winnipeg, Manitoba.

Entered by Clarence E. Steele, Winnipeg, 1894, with 16 vignettes of busi-
ness places, and a directory, 25J x 14|.
Fitzroy Harbour. A copy of John Robertson, D. P. Surveyor, 1840. Coloured

ms., with S. series.
Plan of a part of Bruce Mines, showing the Mineral Veins, Surveyed by W. E.

Logan, Esq., F.G.S. Drawn by James Cane, C.E. 20 x 15^. Matthews,

Lith, [Cir, 1849,] Uncoloured lith,, with Geological Survey Report.
A Plan of the whole of the Location of the Bruce Mines, the property of the

Montreal Mining Company, containing 6,400 acres. Hi x 20^. Matthews,

Lith. [1849 cir.] Uncoloured lith., with Geological Report, 1849.
Maps, etc., accompanying Geological Survey Report, 1872-3. (Five plans.)
Maps, etc., accompanying Geological Survey Rejwrt, 1873-4, (Two plans.)
Maps, etc., accompanying Geological Survey Report, 1874-5. (Four plans.)
Map of a i)ortion of the Province of Manitoba, showing Dominion Lands Sur-
veyed and Distinguishing certain Lands disposed of, Dept, of Agriculture,

for the use of intending settlers, February ,1884. Burland, litho. Uncoloured

litho. 25A X m.
Charts showing the Mean, Monthly and Annual Temperatures of Hudson's Bay

and Eastern Canada, October 1885 to September 1886, by Andrew Gordon.

Coloured lithos, Mortimer Co., Lith, Ottawa, 17^ x 13^ inches.
Charts, Geodetic Survey of Richelieu River. Steckel, (duplicate. No. 1170,

1171, 1172).
Map of Part of the Province of Ontario, 32| x 24^. Coloured print. No

imprint.
Map of Canada and part of the United States, Compiled from the Latest Authors,

1880. The Burland Lith. Co., Montreal. Coloured, 17 x 71.
Carte de la Province de Quebec, Canada, pour accompagner la brochure intitulee
La Province de Quebec, et I'Emigration Europeenne, 1870. Departement
des Terres de la Couronne 1870. Inset, ' Carte de la partie orientale de la
Province du Quebec' English title, Legge and Co., Litho,, Montreal, 26
X 18, Coloured litho.

Plan of the Elgin Settlement in the Township of Raleigh, County of Kent,
Canada West. Notes. References 21* x 33.

CANADIAN ARCHIVES 23

SESSIONAL PAPER No. 29b

Le Canada. Ottawa, 1872. Notes. Province de Manitoba (Section) Etabl.
Antoine Van Genechten, a Turnhout. 27^ x 11 inches. From P. 35. — 4.

Laurie's Map of the Northwest Territories, Shewing the Surveys now made,
and the Railway and other Routes thereto. Compiled by, D. Codd, Ottawa,
1870; by (P. G. Laurie altered in ms. on plan to) D. Codd. Insets show-
ing the Railway and Steamboat Lines communicating with the Northwest
Territory. Plan of the Selkirk Settlement. 46 x 23. Uncoloured print.

Lake Ontario, Charts, etc. Hodder, 1857. Commodore Hodder's charts in Book
form with letter press. (For duplicate of maps see No^. 1911 and 1912.)

Plan of Castine, 1814. Coloured ms. Copy of original in Colonial Records.

Map of the Dominion of Canada. Showing Establishments of the Hudson's
Bay Company and means of transportation. 36 x 17^. Interior Dept.,
James White, F.R.G.S., Geo. Coloured Lith.

New Brunswick, Nova Scotia, and Newfoundland 1853, Published by J. H. Cotton,
No. 86. Cedar St. New York. 14 x 10|.

A New Survey of the Harbour of Boston in New England done by Order of the
Principal Officers and Commanders of Her Majesty's Navy. First authentic
chart of Boston Harbour from the Fourth part of the English Pilot, pub-
lished in London, 1707, reduced from copy in possession of the Boston
Athenceum, 9x7. In List of Maps of Boston, 1903.

A Complete Historical, Chronological and Geographical American Atlas, being
A Guide fo the History of North and South America, and the West Indies:
exhibiting An Accurate Account of the Discovery, Settlement and progress
of their Various Kingdoms, States, Provinces, etc.. Together with the Wars,
Celebrated Battles, and Remarkable Events to the year 1822. According
ot the plan of Le Sage's Atlas, and intended as a companion of the Lavoisines
Improvement of that Celebrated Work. Philadelphia. H. O. Carey and
I. Lea, Clement St. 1823.
No. 1. America, Geographical, statistical and historical map.

2. America, Pantography of American History.

3. North America.

4. North America. — British Possessions.

5. United Statesi, Geographical Map.

6. " Geographical and Statistical.
7&7* " Historical.

8. " Chronological Map.

9. " Chronological Map.

10. Maine. ■■

11. New Hampshire.

12. Massachusetts.

13. Rhode Island.

14. Connecticut.

15. Vermont.

16. New York.

17. New Jersey.

18. Pennsylvania.

19. Delaware.

20. Maryland.

21. District of Columbia.

22. Virginia.

23. North Carolina. '

24. South Carolina.

25. Georgia.

24 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v.. A, 1914

26. Ohio.

27. Kentucky.

28. Tennessee.

29. Mississippi.

30. Alabama.

31. Louisiana.

32. Indiana.

33. Illinois.

34. Missouri.

35. Arkansas Territory.

36. Michigan Territory.
3Y. Florida.

38. Mexico.

39. West Indies.

40. Cuba and the Bahama Isles.

41. Jamaica.

42. Hispaniola.

43. Porto Eico and the Virgin Isles.

44. Windward Islands.

45. Leeward Islands.

46. South America.

47. Republic of Colombia.

48. Brazil.

49. United Provinces.

50. Peru.

51. Chili.

52. Mountains of the World.

53. Rivers.

Postal Maps: —

Postal Map of the Province of Quebec, . showing Post Offices, Money Order
Offices, P.O. Savings Banks, Telegraph Stations and Mail Routes in opera-
tion on 1st January, 1880. Also Railways and Canals and Principal Rivers,
together with the intermediate distances between post offices. Published by
order of the Honourable the Postmaster General, 1880. 11 maps.

Postal Map of the Province of Quebec, Canada. Published by authority of
the Honourable the Postmaster General, Ottawa, February, 1887. Le Feuvre
A. Maingy, Draughtsman, P.O.D. J. Dewe, Chief Post Office Inspector. 8
sections.

Postal Map of the Province of New Brunswick, Canada. Published by the
authority of the Honourable the Postmaster General, Ottawa, March, 1888.
J. Dewe, Chief Post Office Inspector. Le Feuvre A. Mairigy, Draughtsman.
In 6 sections. Burland Lithographic Company, Montreal.

Map of the Seat of Riel's Insurrection, showing the connection of Prince Albert
"with other points in the Northwest, Trails, Telegraph Lines, etc., etc. Com-
piled from the latest Authorities by W. H. Holland, C.E., Ottawa, 31st March,
1885. 2nd edition. Coloured print. Mortimer, Lith., Ottawa. (2 copies.)

Map of the City of Montreal, Canada, and vicinity, October, 1890. Chas. E.
Goad, C.E., Temple Building, St. James St., Montreal. 32 x 22. Coloured
print.

Six plans, Quebec Fortifications:

No. 1, to explain the Report of the State of Defence of the Fortifications of
I Quebec, with explanations. Samuel Holland.

CANADIAN ARCHIVES 25

SESSIONAL PAPER No. 29b

2. Showing the ground on which the Citadel is proposed to be built, and lines
of present and proposed fortifications. Samuel Holland, Capt. 60th Regi-
ment.

3. Of the Citadel completely finished'. S. Holland.

4. & 5. Plans, section and elevation of the Bastion. S. Holland.

6. Profile. S. Holland. [1760-7]. Coloured ms. Copies of originals in
Lansdowne House. Shelburne Mc. Vol. 64. pp. 177-197.

Cantonment of the Forces in North America, 1766. Coloured ms. Copy of
original in Shelburne papers. Vol. 49, p. 648.

Plan and Project for Fortifying the high commanding ground at the Church
of Dechambault, as also the Island of E-ichelieu. Inset. Plan of the Pro-
jected Fort. Samuel Holland, Capt. 60th Regiment (1760-7). Coloured
ms. copy of original in Lansdowne House. Shelburne Ms. Vol. 64, p.
199, 201.

A plan of York or Chateavix Bay on the Coast of Labrador, with all its Con-
tained Harbours, with directions for navigation. Also. — Plan of Block
house with section through the Fort, with description of the Block House
and Fort. Coloured ms. Copies, originals with the Shelburne paj)er3 Mss.
Vol. 65, pp. 61-63 at Lansdowne House. Endorsed^ — ' A Plan and descrip-
tion of a Block House and Blockaded Fort Erected at Pitts Harbour in
Labrador in 1766.'

Map of Canada, by E. A, Mara, (duplicate, see No. 3793).

Canada, New Brunswick and Nova Scotia. London, Published by Henry Tees-
dale and Co., 302 High Holbom. [1835]. Inset — River Niagara. Drawn and
Engraved by L. Dover, Pentonville, London. Coloured print.

Canada, New Brunswick, and Nova Scotia by Sydney Hall. 19^ x 16. London,
Longman & Co. Published in HalFs New General Atlas, London, 1830.

North America by Sydney Hall, 1829. Pub. 1830. London, Longman & Co. HaU's
New General Atlas, London, 16 x 19i. Coloured print.

Canada, Lithographed Edition by A. K. Johnston, John Johnston and W. and
A. K. Johnston, Edinburgh. Robert Weir and James Lumsden & Son
Glasgow. Engraved by W. and A. K. Johnston, [1844]. Coloured print.

Chart of N.W. Coast of America, and the N.E. Coast of Asia Explored in the
Years 1788, and 1779. Prepared by Lieut. Henry Roberts under the
Immediate Inspection of Capt. Cook. Engraved by W. Palmer, No. 128
Chancery Lane; London, Published by Wm. Faden, Geographer to the
King, Charing Cross, July 24th, 1784. 26 x 15. Coloured.

United States of America. 14 x 16. The Course of the River St. Lawrence
from Lake, Ontario to Manicouagan Point. 9 x 16. J. G. Menzies, Sculp.
Edinburgh. Thomson's New General Atlas, 1817.

Chart of the Northern Passage between Asia and America. Neele, Sculp. 352
Strand. Drawn and Engraved for Thomsons New General Atals, 1816.
23 X 19. Coloured print.

Canada and Nova Scotia. 28 x 18^. Thomson's New General Atlas, 1814.
Coloured print.

Atlantic or Western Ocean, Drawn and engraved for Thomson's New General Atlas.
Engraved by J. MofFatt, Edin. 21i x 194. Note. The editions of this Atlas
are 1817 and 1827.

North America, Drawn and engraved for Thomson's New General Atlas, 1814,
N. R. Hewitt, sc, 10 Broad St. Bloomsbury. London. 23 x 19. Coloured
print.

26 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

The Supplement to North America containing the Countries adjoining to Baffin

and Hudsons Bay [1786]. 14 x 10^.
Sketch of the North Eastern Boundary, disputed between Great Britain and the

United States, as settled by Treaty, Aug. 9th, 1842. Charing Cross East.

By James Wyld. 12\ x 9^.
British Possessions in America, from Arrowsmith's Map of America. Arrowsmith.

direxit, Lowry, sculp. Published March 1st, 1802, by Cadell and Davis,

Strand, and Longman and Kees, Paternoster Kow. 9i x 7^. Uncoloured

print.
A New Map of North America, Showing all the New Discoveries, 1791. Drawn

by Arrowsmith. Topo'^. by L. Eussel. UncoF. print. 9 x 7^. Engraved for

Brookes' Gazeteer.

A New and Correct Map of the World, laid down according to the Newest Dis-
coveries, and from the most exact observations by Herman Moll, Geographer.
Printed and sold by J. Bowles, Map and Print Seller, next to ye Chapter
House in Saint Paul's Churchyard, and by P. Overton, Map and Print Seller,
near St. Dunstan's Church, Fleet Street, and by John King at ye Globe in
ye Poultry. In this map is inserted a view of the General and Coasting
Trade Winds, Monsoons or the Shifting Trade Winds, Notes. Dedication
to George H. 38 x 22 i.

Mappa Totius Mundi adomata juxta Observationes Dnn Academics Eegalis
Scientiarum et nonnuUorum aliorum, secundum annotatornes recentissimus
edita per Guillielmum de I'lsle Celeberrimum Regis Gallioe Geographum.
Augustoe Vindelicorum recusa et vemalis prostans apud Tobiam Conradu
Lotter, Chalgographum et Geog^ [1758.] 24 x 16^. Coloured print.

Mappe-Monde Geo-Hydrographique, ou Description Generale du Globe Terrestre
et Aquatique, en deux Plans, Hemispheres, ou sont exactement remarquees en
general toutes les Parties de la Terre et de I'Eau suivant relations les plus
nouvelles, par le S"^. Sanson, Geographe ordinaire du Roy. Dedie au Roy
par etc., Hubert lailliot, Geographe de Sa Majeste. Paris, Chez H. lailliott,
etc., 1719. 25i x 15. Coloured print.

Topographical Map — Ontario. Hamilton Sheet. Department of Militia and
Defence, 1909. 26 x 18. Coloured Litho.

Topographical Map — Ontario. Romney Sheet. Department of Militia and Defence,
1909. 26 X 18. Coloured Litho.

By Town, showing Canal basin and Wellington Street, from S. Series U.C.
n/d. n/t. n/s. [1832.] 40 x 12^.

Plan of the Cut at the Mouth of the River Welland, by Geo. Keefer, Jr., Asst.
Engineer, St. Catharines, 4th March, 1829. llj x llj. Original coloured ms.
from S. series, U.C.

Rough draught of the Ground between Dow's Swamp on the Rideau Canal and
the Chaudiere Lake. Alex"". Sheriff. 14| x 9. Original coloured ms.

Manitoba. Showing disposition of Lands, prepared in the Railway Lands Branch,
F. C. Lynch, Superintendent. J. S. Chalifour, Chief Geographer. Corrected
to 1st January, 1913. Department of the Interior. 29 x 38. Coloured litho.

Plan and Survey of the Village of Williamstown, on the North and South Banks
of the River aux Raisins, District of Charlottenburg, County of Glengarry

in the Eastern Division being part of the Estate of the Honble. Sir

John Johnson Survey allotted and laid out into Town Lots

the annexed plan of Survey admeasuring. . . .hereof. Deputy Provincial Sur-

CANADIAN ARCHIVES 27

SESSIONAL PAPER No. 29b

veyor. Jeremiah McCarthy, Williamstown, 20th May 1813. Incomplete,
24 X 32. Coloured ms.

Plan showing the Reservation for the Garrison of York, coloured with Lake.
Surveyor GeneraFs Office. York, U.C. 25th June 1817. Thos. Eidout
Surveyor General, Wm. Chewett, S.S. & D. 25 x 11. Coloured original ms.

1912. Maps with the report of the Department of Eailways and .Canals. 1912.
(11 maps).

Atlas de Filipinas, Coleccion de 30 Mapas, Trabajados por delineautes filipinos.,
bayo la direction del P. Jose Algue, S. J., Director del Observatorio, de
Manilla, 1899. A Hoen and Co. Lith Halto, Md. Treasury Department
U. S. Coast and Geodetic Survey, Henry S. Pritchett, Superintendent,
Special Publication, No. 3. Atlas of the Philippine Islands, Washington,
Government Printing Office, 1900. (30 maps all of the Philippines).

Physical Atlas with coloured maps (10) showing the Geographical Distribution
of Plants Yielding Food; Climates, Flora, Soils, Regions of Summer Rains,
Geological Formations and Hydrography of the Dominion of Canada, By J.
Beaufort Hurlbert, M.A., LL.D. Corresponding Member of the R.H.S.
London. Author of etc 1880.

Plan copied from Mr, Wilmot's survey taken in 1811 (shewing Gloucester Bay,
Penetanguishene and environs) Lots marked red are necessary to be reserved
for Naval and Military purposes. Signed E, W. Durnford, Lt-Col. ; C.R.E;
A true copy. Surveyor Generals Office, York, Upper Canada, 2nd May, 1818.
Thos. Ridout, Surveyor General, Quebec, January 19th 1818, Royal Engi-
neers Drawing Room, (Sd) A, Walpole Lt, R.E, Coloured ms.

Sketch of Lake Michigan and part of Lake Superior, from the large maps of
Crown Land Atlas. Ms. coloured, with notes by Dr. Kingsford. 15 x 12J.

Photo of Cabot map (duplicate) see No. 2.

Carte Regionale de la Province du Quebec comprenant les Comtes de Portneuf,
Quebec, Montmorency, Charlevois, et partie de ceux de Saguenay, Chicoutimi,
Champlain, et Maurice, etc. 1880. An earlier edition of Nos. 1104, and
1105.

Map No. 2. (East Central Section) Dominion of Canada, Telegraph and Signal
Service, F. N. Gisborne, M.I.T.E.E., F.R.S.C. Supt. T. and S. Service, 1883.
Drawn by Gust. Smith. 47 x 34. Coloured print.

City of Vancouver. Vancouver, 24th Feburary 1887. L. A. Hamilton, Asst.
Land Com. Ms. 45^ x 30^. Burland Lith., Montreal. Plain print.

Map showing Elevators in Manitoba, Saskatchewan, and Alberta. Prepared in
the Railway Lands Branch, Department of the Interior, 5th edition corrected
to January 1, 1913. Coloured print. 34 x 15.

Quebec. A. E. Courchesne, 1903. Engraved by R. D. Servos, N.Y, H, Chasse,
Quebec, Printer, The Up-to-Date-and-Most-Complete Map-of-Quebec, Print.
15 x H.

This Plan represents the Survey of a Road from Lake Temisoouata to River du
Loup under the direction of T. A. Stayner, Esq., and laid down on a Scale
of Two Miles to an Inch by P. Coburn, Surveyor. River du Loup. April
20th, 1839. Series S., Lower Canada Roads and Bridges. Uncoloured ms.
copy.

Series S., Lower Canada, Roads and Bridges, June-Aug., 1829. Lieut. Ingall,
Q.M.G. Dept. Report on the Lake Temiscouata, Coloured ms. original.

Sketch of the Temiscouata Portage, with Mr. Cob and Mr. Pelletier's Road

Lines as surveyed by Andrew Russell. Series S,, Lower Canada, Roads and
Bridges, 19 x 144. Coloured ms, original.

28 DEPARTMENT OF THE {SECRETARY OF STATE

4 GEORGE v., A. 1914
Maps Received from Public Worls, January 7, 191S: —

Maps with the Report of the Department of the Interior, 190G, viz. :
Map of Deiitsehman'9 cave, by W. S. Ayres, M.S.
Map of jSTakimu Caves, by A. 0. Wheeler, F.R.G.S.

Proposed water conduits in the Yukon Mining District, by W. Thibaudeau^
C.E.

Railway Map of the Dominion of Canada, 1900. Interior Department.

Investigation of Middle Channel, St. Lawrence River, Kingston to Prescott.
Plan showing Contours of Shoals, laying in the Channel at West End of
Brockville Narrows. Public Works, 1895.

Manitoba, 1904. Department of the Interior.

Part of Kaministiquia river showing proi>osed harbour line and land required
for widening the channel. Fort William, Ont., 1907. Public Works. (Five
copies.)

Public Works, Fort William, Ont. Plan of Mission River, showing proposed
Harbour Line and Land Required for widening channel. (Six copies.)

Public Works, Canada. Fort William, Ont. Plan of part of the Kamanistiquia
River, showing proposed Harbour Line and Land required for widening
channel. (Two copies.)

Public Works. Canada. Fort William, Ont. Plan of part of the Kamanistiquia
River, showing land expropriated in 1907. (Four copies.)

Public Works. Plan of the River St. Lawrence, Between Kingston and Brock-
ville, showing proposed improvements of Middle Channel. 120|- x 33^.

Department of Public Works. Investigation of Middle Channel, St. Lawrence
River, Kingston to Prescott. Plan showing channel through the ' Fiddlers'
Elbow' and proposed improvements. Plan showing shoals, etc.

Map of the City of Chatham, Ont. E. T. Jones. Blue print.

Blue Print. G. T. Terminals at Mission River.

Map to accompany J. W. McLaggan's report of exploration in Saskatchewan and
the N. W. Territories. Annual report of the Surveyor (General, 1906-7.

Manitoba, Saskatchewan and Alberta, 1909. Three sections. Duplicate.

Manitoba, Saskatchewan and Alberta, 1907. Three sections. Duplicate.

Electoral Divisions in South Saskatchewan. (2 copies) Dept of Interior.

Map of Ontario in 3 sections.

Map of World's Submarine Cables. Gisborne (duplicate).

Harbour of St. John, N.B. 1909. Public Works Project of harbour develop-
ment in Courteney Bay prepared by Louis Cote April 1910. Print.

Plan shewing St. John Water Works, Little River and Spruce Lake Distribution
System. A.D. 1901. W. Murdock, Engineer, Sup. W.S. 21 x 19.

Electoral Divisions in South Alberta, (2 copies) Department of the Interior.

Map showing Route of I.C.R. of New Brunswick. Blue print.

Toronto Harbour. J. A. Cantin, Reduced from a survey by Edward B. Temple,
Gov. Res. Eng. April 18Q1.

Public Works Canada, Summerside, P.E.I. Proposed breakwater, March 9th
1900. Eugene D. Lefleur, Actg. Chef. En.

Chart of Coast. Midland to Port Severn, n/d.

Map of Prince Edward Island compiled for the Postmaster General by John

Dewe, Chief Post Office Inspector. W. B. Snow, C.E. 1874. Lith.

Map of the City of Halifax, Compiled and drawn by E. H. Keating, Civil Engi-
neer for McAlpine's Directory, 1872-3. Lith.

CANADIAN ARCHIVES 29

SESSIONAL PAPER No. 29b

APPENDIX C.

ACTS OF THE PROVINCE OF NOVA SCOTIA, 1749-1753.
Duplicate Copies.

No. 1. An Act for erecting- courts of judicature within the province of Nova
Scotia and for regulating the proceedings thereof. Dec. 13, 1749. p. 2

No. 2. An Act to protect the persons and estates of settlers in Nova Scotia for
one year from prosecutions in any of the courts of the said province for debts con-
tracted out of the province prior to the settlement of Halifax or the debtor's arrival
as a settler in the said province. Feb. 2, 1749-50. p. 24

No. 3. An Act to prevent the selling spirituous liquors without license. Feb.
23, 1749-50. p. 27.

No. 4. An Act relating to the building wharves upon the beach before the town
of Halifax. Feb. 24, 1749-50. p. 30

No. 5. An Act for the establishment of fees. March 20, 1750. p. 34

No. 6. An Act to alter the times of holding the county courts. March 30,
1750. P- 44

No. 7. An Act in addition to and amendment of an Act made and passed the
23rd of Feb., 1749-50, for the more effectual preventing the retailing of spirituous
liquors without license. Oct. 11, 1750. p. 46

No. 8. An Act to prevent the cutting of pistereens and passing the parts of them
for more than their value. Nov. 15, 1750. p. 49

No. 9. An Act for the regulation of the market at Halifax. Nov. 15, 1750. p. 53

No. 10. An Act for the further regulation of the proceedings of the courts of
justice within this province. Jan. 14, 1750-51. p. 56

No. 11. An Act for dividing the town and suburbs of Halifax into eight wards
and for empowering the inhabitants to choose town officers. Jan. 14, 1750-51. p. 67

No. 12. An Act ascertaining the extent of the jurisdiction of the officers of
justice of the county of Halifax. Jan. 14, 1750-51. p. 70

No. 13. An Act to prevent the fraudulent taking any materials for building,
firewood, or other effects from the beach, streets, wharves, etc., of the town and suburbs
of Halifax. Jan. 14, 1750-51. p. T2

No. 14. An Act for explaining, amending and continuing an Act made the 2d
of Feb., 1749-50, intituled an Act to protect the persons and estates of settlers in
Nova Scotia for one year from prosecutions in any of the courts of the said province
for debts contracted out of the province prior to the settlement of Halifax or the said
debtor's arrival as a settler in the said province. Jan. 14, 1750-51. p. 76

No. 15. An Act in addition to and amendment of an Act made the 14th of Jan.,

1750-51, intituled an Act to prevent the fraudulent taking any materials for building,

firewood or other effects from the beach, streets or wharves, etc., of the town of

Halifax. April 29, 1751. P- 84

No. 16. An Act for preventing stealing fish from the flakes or stacks. April
29, 1751. P- 88

No. 17. An Act for granting a bounty on fish and oil and for laying a duty
upon spirituous liquors as a fund for the payment thereof, and for effectually secur-
ing the payment of the said duty. April 29, 1751. P- 91

No. 18. An Act in addition to an Act made the 29th of April, 1751, intituled
an Act for granting a bounty upon fish and oil and for laying a duty on spirituous

30 DEPARTMENT OF TEE SECRETARY OF STATE

4 GEORGE v., A. 1914^

liquors as a fund for the payment thereof, and for efiectually securing the payment
of the said duty. May 10, 1751. p. 99*

No. 19. An Act to prevent masters of vessels landing any passengers or servants
without permission from the Governor or Commander in Chief of this province.
July 2, 1751. p. 102

No. 20. An Act laying a duty of three pence per gallon on spirituous liquors
imported from the neighbouring colonies, and to encourage the distilling thereof in
this province and for granting a bounty of ten shillings per ton upon all vessels or
boats built within the said province. July 31, 1751. p. 105

No. 21. An Act for establishing the form of writs. April 8, 1752. p. 113

' No. 22. An Act to encourage the improvement of land and for granting a bounty

thereon. April 8, 1752. p. 125

No. 23. An Act for altering the style of the county court to that of the inferior
court of common pleas and to empower the said court to proceed in, hear, and deter-
mine all such cases as had been commenced in the county court. May 29, 1752. p. 131

No. 24. An Act limiting the serving of all processes to the provost marshal or
his deputy. July 17, 1752. p. 135

No. 25. An Act in amendment of an Act made the 15th day of Nov., 1750, intit-
uled an Act for the regulation of the market. Sept. 29, 1752. p. 137

No. 26. An Act providing in case of fire for the more speedy extinguishing
thereof, and for the preserving of goods endangered thereby. Sept. 29, 1752, p. 140

No. 27. An Act to prevent disorderly and evilminded persons from privately
deserting their habitations and improvements. Sept. 29, 1752. p. 148

No. 28. An Act in addition to an Act made the 24th day of February, 1749-50,
intituled an Act relating to the building of wharves iipon the beach before the town
of Halifax. Oct. 3, 1752. p. 156

No. 29. An Act for ascertaining the fees of the coroner and his jury of inquest.
Oct. 3, 1752. p. 160

No. 30. An Act in explanation of and in addition to an Act made the 15th of
Nov., 1750, intituled an Act to prevent the cutting of pistereens or passing the parts
of them for more than their value. Nov. 29, 1752. p. 164

No. 31. An Act in addition to an Act made the 14th January, 1750, intituled
an Act for further regulation of the proceedings of the courts of justice within this
province. Dec. 1, 1752. p. 167

No. 32. An Act to ascertain the damages on protested bills of exchange. Dec.
1, 1752. p. 170

No. 33. An Act in addition to and amendment of an Act made the 14th of
January, 1750-51, intituled an Act for the further regulation of the proceedings of
the courts of justice within this province. Dec. 4, 1752. p. 172

No. 34. An Act in addition to and amendment of an Act made the 10th day of
March, 1752, intituled an Act relating to the amendment of copies of writs. Dec. 5,
1752. p. 176

No. 35. An Act for the relief of debtors, with respect to imprisonment of their
persons. Dec. 6, 1752. p. 183

No. 36. An Act in addition to an Act made the 29th of April, 1751, intituled
an Act for granting a bounty on fish and oil and for laying a duty on spirituous
liquors as a fund for the payment thereof, and for effectually securing the payment
of the said duty. Dec. 22, 1752. p. 207

No. 37. An Act to oblige the proprietors of land to make their quota of Fence.
Dec. 22, 1752. p. 211

No. 38. An Act to prevent the monopoly of dead fresh provisions imported into
this province. Feb. 3, 1752. p. 214

No. 39. An Act for preventing frauds in landing spirituous liquors imported
subject to duty. Feb. 3, 1752. p. 218

CAyiADIA^' ARCHIVES 31

SESSIONAL PAPER No. 29b

No. 40. An Act for the public registering of deeds, conveyances, mortgages, etc.,
touching real estate within the Province of Nova Scotia. p. 22<y

No. 41. An Act for the establishment of a ferry between the town of Halifax
and Dartmouth. Feb. 3, 1752. p. 242

No. 42. An Act to explain an Act made the 14th day of January, 1750-51,
intituled an Act for the further regulation of the courts of justice within this prov-
ince. Feb. 3, 1752. p. 249"

No. 43. An Act for granting to William Steele, Esq., a bounty of 2s. 6d. per
barrel for each barrel of malt beer brewed by him and sold for l7s. 6d. per barrel.
Feb. 20, 1752. p. 252

No. 44. An Act in addition to and amendment of an Act made the 13th of
Dec, 1749. intituled an Act erecting courts of judicature within the province of Nova
Scotia and for regulating the proceedings thereof. March 2, 1752. p. 25S

No. 45. An Act in explanation of an Act made the 14th of January, 1750-51,
intituled an Act for the further regulation of the proceedings of the courts of justice
within the province. March 2, 1752. p. 259

No. 46. An Act to prevent frauds in the sale of flour by the barrel. March 6,
1752. p. 263

No. 47. An Act relating to the amendment of copies of writs. March 10,

1752. p. 267
No. 48. An Act for continuing to William Steele, Esq., the bounty upon malt

beer brewed and sold within the province. Feb. 28, 1753, p. 270

No. 49. An Act in addition to an Act made the 3d day of February, 1752,

intituled an Act for the establishment of a ferry between the town of Halifax and

Dartmouth. March 8, 1753. p. 274

No. 50. An Act to prevent the destroying or stealing of fences within the

peninsula of Halifax also in and about Dartmouth and other ^lots of land

situate in and about the harbour of said Halifax and Bedford bay. March 26,

1753. p. 277
No. 51. An Act for the preventing of retailing rum and other spirituous liquors

by unlicensed persons at the garrison of Chignecto and for the more effectually secur-
ing the duties arising thereupon. April 23, 1753. p. 281

No. 52. An Act for the preservation of the buoys in the harbour of Halifax.
April 23, 1753. p. 285

No. 53. An Act for establishing and ;-egulating a militia. May 10, 1753. p. 289

No. 54. An Act in addition to an Act made the 10th day of May, 1753, intituled
an Act for establishing and regulating a militia. June 21, 1753. p. 313'

No. 55. An Act to explain and amend an Act passed on the tenth day of May,
1753, intituled an Act for establishing and regulating a militia. July 18, 1753. p. 316"

No. 56. An Act appointing a committee to collect and revise, from the council
records, all the laws that have been made since the arrival of Governor Comwallis
in this province. Aug. 21, 1753. p. 322

No. 57. An Act to prohibit the erecting of distilling houses or setting up of
stills within the town or county of Halifax, without license. Aug. 28, 1753. p. 325

No. 58. An Act to establish two rules of the general court as laws of this pro-
vince and to confirm the proceedings had in the said court and the inferior court of
common pleas thereon. Sept. 4, 1753. p. 329

No. 59. An Act for the further continuing to William Steele, Esq., the bounty
upon malt beer by him brewed and sold within this Province. Sept. 18, 1753. p. 335

CO. 412, vol. Jf95.

No. 171. An Act for altering and further continuing an Act made in the eighth
year of His Present Majesty's reign, intituled an Act for suppressing unlicensed

32 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

houses and for granting to His Majesty a duty on persons hereafter to be licensed.
June 21, 1771. p. 2

No. 172. An Act for continuing an Act made in the tenth year of His present
Majesty's reign, intituled an Act for granting to His Majesty a duty of impost on loaf
sugar and cider. June 22, 1771. - p. 5

No. 173. An Act in amendment to and for continuing the several Acts of the
General Assembly of this province, relating to the duties of excise on rum and other
distilled, spirituous liquors. June 22, 1771. p. 7

No. 174. An Act in amendment to and for containing the 'Several Acts made by
the General Assembly of this province relating to the duties of imposts on beer, rum,
and other distilled spirituovis liquors. June 2i2, 1771. p. 11

No. 175. An Act for further continuing an Act made in the eighth year of His
present Majesty's reign, intituled an Act for granting to His Majesty an excise on
wines sold within or brought into this province. June 2-2, 1771. p. 14

No. 176. An Act for continuing an Act made in the eighth year of His present
Majesty's reign, intituled an Act for granting to His Majesty a duty on wheel car-
riages, within the peninsula of Halifax. June 22, 1771. p. 16

No. 177. An Act for altering and continuing an Act made in the tenth year
of His present Majesty's reign, intituled an Act for granting to His Majesty an
excise on tea, coffee and playing cards, sold within or brought into this province.
June 22, 1771. p. 18

No. 178. An Act for continuing an Act made in the tenth year of His present
Majesty's reign, intituled an Act for further regulating the market at Halifax. June
22, 1771. p. 21

No. 180, An Act to avoid the double payment of debts. July 6, 1771. p. 23

No. 181. An Act for altering the times of holding the courts of general sessions
and inferior courts of common pleas at Annapolis in the county of Annapolis. July
6, 1771. p. 27

No. 182. An Act in further addition to an Act made in the thirty-second year
of His late Majesty's reign intituled an Act for preventing trespasses. July 6,
1771. p. 30

No. 183. An Act in further addition to an Act made in the thirty-second year
of His late Majesty's reign intituled an Act relating to treasons and felonies. July
6, 1771. p. 33

No. 184. An Act for altering and amending an Act made in the 33d year of
His late Majesty's reign, intituled an Act relating to the assize of bread and for
ascertaining the standard of weights and measures. July 6, 1771. p. 36

No. 185. An Act in addition and amendment of an Act made in the tenth year
of His present Majesty's reign intituled an Act to enable the several counties within
this province to raise money for payment of their representatives. July 6,
1771. p. 39

No. 186. An Act for the more effectually securing the title of purchasers
against the claims for dower. July 6, 1771. p. 42

No. 188. An Act for altering an Act made in the ninth year of His present
Majesty's reign, intituled an Act in further addition to, and amendment of an Act,
made in the thirty-fourth year of His late Majesty's reign, intituled an Act for
appointing commissioners of sewers. July 6, 1771. p. 45

No. 189. An Act in amendment of an Act made in the fifth year of His present
Majesty's reign, intituled an Act for the summarv trials of actions. July 6,
1771. p. 48

No. 190. An Act for continuing several Acts that are near expiring. July 6,
1771. p. 52

No. 191. An Act for altering, amending and further continuing an Act made
in the sixth year of His present Majesty's reign, intituled an Act for prescribing the
forms of writs and the manner of issuing the same. July 6, 1771. p. 54

CAXADIAK ARCHIVES 33

SESSIONAL PAPER No. 29b

No. 192. An Act in addition to an Act made in the sixth year of His present
Majesty's reign, intituled an Act for the establishment of fees, as regulated by the
Governor in Council, at the request of the House of Assembly. July 6, ITTI. p. 57

No. 193. An Act in amendment of, and for continuing the several Acts of the
General Assembly of this province, relating to the duties of impost and excise on beer,
rum and other distilled spirituous liquors, cider, loaf sugar and wines therein men-
tioned. June 24, 1TT2. p. 61

No. 194. An Act for altering the times of holding tlie courts of general sessions
and inferior court of common pleas at Horton in King's county. June 30, 1772. p. 65

No. 196. An Act for empowering the justices of the peace for the county of
Sunbury to hold courts of general sessions of the peace at Warrington on the Island
of Campo Bello in the said county for the said island, and for the district of Passama-
quoddy, comprehending the islands within the .said district. June 30, 1772. p. 68

No. 196. An Act to prevent, for a limited time, the exportation of wheat, rye,
barley, flour, meal and peas from this province. June 30, 1772. p. 71

No. 197. An Act to repeal two Acts made in the tenth and eleventh years of
His present Majesty's reign, to enable the several counties in this province to raise
money for payment of their representatives. July 8, 1772. p. 75

No. 198. An Act declaring what shall be deemed merchantable timber for
exportation to Great Britain. July 8, 1772. p. 78

No. 199. An Act in further amendment of and in addition to an Act made in
the third year of His present Majesty's reign, intituled an Act to enable the several
townships within this province tc maintain their poor. July 8, 1772. p. 81

No. 200. An Act in further amendment to and in addition to an Act made in
the thirty-second year of His late Majesty's reign, intituled an Act for confirming
titles to lands and quieting possessions. July 8, 1772. p. 85

No. 201. An Act for raising a fund for the purpose of making and repairing
bridges and roads of communication through the province. July 8, 1772. p. 89

No. 202. An Act in further amendment of the several Acts of the General
Assembly of this province relating to the duties of impost and excise on rum and
other distilled spirituous liquors and for continuing an Act made in the twelfth year
of His present Majesty's reign, intituled an Act in amendment of and for continuing
the several Acts of the General Assembly of this province relating to the duties of
impost and excise on beer, rum and other distilled spirituous liquors, cider, loaf sugar
and wines therein mentioned. April 24, 1773. p. 101

No. 203. An Act for further continuing the several Acts relating to the duty
on licensed houses. April 24, 1773. p. 106

No. 204. An Act for regulating the fishery within the harbour of Halifax. April
24, 1773. ' p. 108

No. 205. An Act for amending and continuing an Act made in the twelfth year
of His present Majesty's reign, intituled an Act for raising a fund for the purpose
of making and repairing bridges and roads of communication thro' the province.
April 24, 1773. p. Ill

No. 206. An Act to prevent for a limited time the exportation or shipping of
wheat, rye, barley, flour, meal and peas from any of the ports or places in this province
within the Bay of Fundy. April 24, 1773. p. 114

No. 207. An Act in further amendment of and for continuing the several Acts
of the General Assembly of this province, relating to the duties of impost and excise
on beer, rum and other distilled spirituous liquors and wines therein mentioned. Nov.
12, 1773. p. 117

No. 208. An Act for altering and continuing the several Acts relating to the
duty on licensed houses. Nov. 12, 1773. p. 121

No. 209. An Act for continuing the several acts for raising a fund for the
purpose of making and repairing bridges and roads of communication within this
province. Nov. 12, 1773. p. 127

29b— 3

34 DEPARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

No. 210. An Act for fariiung the duties of impost and excise on beer, rum and
other distilled spirituous liquors and wines at the Island of Cape Breton and district
of Canso and to enable the farmer or farmers thereof to collect the same. Nov. 12,
1773. P- ISO-

No. 211. An Act in addition to an Act made in the first year of His present
Majesty's reign, intituled an Act for the summary trial of actions. Nov. 12
1773. P- 136

No. 212. An Act in amendment of and for continuing an Act made in the ninth
year of His present Majesty's reign, intituled an Act for establishing and regulating
ferries. Nov. 12, 1773. p. 140

No. 213. An Act for continuing an Act made in the eighth year of His present
Majesty's reign, intituled an Act for granting to His Majesty a duty on wheel car-
riages within the peninsula of Halifax. Nov. 12, 1773. p. 144

No. 214. An Act for continuing several Acts that are near expiring. Nov.
12, 1773. _ P- 147

No. 216. An Act to empower the Province Treasurer to issue other notes in ex-
change for such notes as have been issued heretofore in virtue of the several Loan
Acts made by the General Assembly of this province (which ) are defaced and worn.
Nov. 12, 1773. p. 150

No. 217. An Act for rating and saving the expenses attending the executing
writs of partition. Nov. 12, 1773. p. 154

No. 218. An Act in further amendment of an Act made in the first year of
His present Majesty's reign, intituled an Act for repairing and mending of high-
ways, roads, bridges and streets, and for appointing surveyors of highways within
the several townships in this province. Nov. 12, 1773. p. 158

No. 220. An Act in amendment of and in addition to the several Acts relating
to the duty on licensed houses, and for further continuing same. Nov. 12, 1774.

p. 162

No. 221. An Act in addition to and amendment of an Act made in the eighth
year of His present Majesty's reign,- intituled an Act for establishing the times of
holding the supreme court. Nov. 12, 1774. p. 166

No. 222. An Act to enable John Morrison, Deputy Surveyor of Lands, to
recover of the inhabitants of the township of Clare the charges he has been at in
surveying and laying out lands to the said inliabitants. Nov. 12, 1774. p. 172

No. 223. An Act to empow^er the Province Treasurer to borrow a sum not
exceeding the sum of four hundred pounds for paying off the debt incurred by
making bridges and opening the road to Truro in the county of Halifax. Nov. 12,
1774. p. 176

No. 224. An Act for punishing rogues, vagabonds and disorderly persons. Nov.
12, 1774. p. 181

No. 225. An Act in further addition to an amendment of and for continuing the
several Acts of the General Assembly of this province therein mentioned, relating
to the duties of impost and excise on wines, beer, rum and other distilled and
spirituous liquors. Nov. 12, 1774. p. 190

No. 226. An Act for granting to His Majesty an excise on molasses and brown
sugar sold within, or brought into the province, and for more effectually improving
and extending the trade of this colony to the West Indies. Nov. 12, 1774. p. 197

No. 227. An Act for admitting depositions ' de bene esse ' of witnesses aged,
infirm and otherwise unable to travel and of witnesses departing from the province.
Nov. 12, 1774. p. 205

No. 2'28. An Act to prevent for a limited time the exportation of wheat, rye,
barley, flour, meal and peas from this province. Nov. 12, 1774. p. 209

No. 229. An Act to prevent waste and destrviction of pine and other timber
trees on certain reserved and ungranted lands in this province. Nov. 12, 1774.

p. 213

CANADIAN ARCHIVES - - ^

SESSIONAL PAPER No. 29b

No. 230. An Act to empower the Supreme Court to issue writs of certiorari.
Dec. 12, 1Y74. p. 217

No. 231. An Act in further amendment of an Act made in the thirty-second
year of His late Majesty's reign, intituled an Act relating to treasons and felonies.
Dec. 12, 1774. p. 220

No. 232. An Act in further amendment of, and in addition to an Act made
in the fifth year of His present Majesty's reign, intituled an Act for the summary
trial of actions. Dec. 12, 1774. p. 223

No. 233. An Act for altering the times of holding the court of general sessions
of the peace and inferior court of common pleas for the county of Cumberland.
Dec. 12, 1774. p. 230

No. 234. An Act in amendment of an Act made in the thirty-second year of His
late Majesty's reign, intituled an Act for punishing criminal offenders. Dec. 12,

1774. p. 23S.
No. 236. An Act for farming the duties of impost and excise on beer, rum and.

other distilled spirituous liquors and wines, loaf sxigar and molasses at the several-
districts therein mentioned. Dec. 13, 1774. p. 236-

No. 2S7. An Act to emjKJwer the Governor, Lieutenant Governor or Commander
in Chief for the time being to prohibit the exportation of gunpowder, arms and
ammunition, or saltpetre, or carrying the same coastways. July 5, 1775. p. 244

No. 239. An Act in addition to an Act made in the fifteenth year of His present
Majesty's reign, intituled an Act to prevent waste and destruction of pine or other
timber trees on certain reserved and ungranted lands in this province. July 20,

1775. p. 247
No. 240. An Act to enable certain persons therein named to state an account

of the work done in the township of Truro for repairing of dikes and roads since
the year 1761 and to oblige the persons concerned in the same to pay their propor-
tion of the said expense. July 20, 1775. p. 250

No. 241. An Act in amendment of an Act made in the eighth year of His
present Majesty's reign, intituled an Act for granting to His Majesty a duty on
wheel carriages within the peninsula of Halifax. July 20, 1775. p. 253

No. 242. An Act in further amendment of the several laws relative to the
summary trial of actions. July 20, 1775. p. 256

No. 243. An Act in addition to and amendment of the several Acts made by the
General Assembly of this province for appointing commissioners of sewers. July
20, 1775. p. 259

No. 244. An Act for altering the times appointed for holding the supreme
court in certain cotmties therein mentioned. July 20, 1775. p. 265

No. 245. An Act for the better securing the payment of certain debts due to
the Government of this province. July 20, 1775. p. 268

No. 246. An Act in addition to the several Acts of this province made for
regulating the militia and more particularly an Act made in the second year of His
present Majesty's reign, intituled an Act for the better regulating the militia on
actual service in time of war. Nov. 17, 1775. p. 272

No. 247. An Act for raising a tax on the inhabitants of this province for
defraying the expense of maintaining and supporting the militia of the said pro-
vince and for the defence .of the same. Nov. 17, 1775. p. 280

No. 248. An Act for the ready admission of such of His Majesty's subjects in
the colonies on the continent who may be induced to take refuge in this province
from the anarchy and confusion there, and for securing the peace and securing the
loyalty and obedience of the inhabitants of this province. Nov. 17, 1775. p. 288

No. 249. An Act for continuing several Acts that are near expiring. Nov. 17,
1775. p. 292

No. 250. An Act for further regulating the market at Halifax. Nov. 17,
1775. p. 295

29b— 3i

36 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Note. — The dates given are those on which the Acts received the Governor's
assent. In the margin of the volume are the dates when the Bill passed each House.

CO. iti2. Vol. m-

No. 251. An Act in addition to an Act made in the first year of His present
Majesty's reign, intituled an Act to prevent the spreading of contagious distempers.
Nov. 17, 1775. p. 1

No. 252. An Act in addition to and amendment of an Act made in the eleventh
year of His present Majesty's reign, intituled an Act for altering and amending an
Act made in the thirty-second year of His late Majesty's reign, intituled an Act
relating to the assize of bread, and for ascertaining the standard of weights and
measures. Nov. 17, 1775. p. 5

No. 253. An Act to continue an Act made in the fifteenth year of His present
Majesty's reign, intituled an Act to prevent for a limited time the exportation of
wheat, rye, barley, flour, meal and peas from this province. Nov. 17, 1775. p. 9

No. 254. An Act in addition to and amendment of an Act made in the third
year of His present Majesty's reign, intituled an Act to prevent nuisances by hedges,
weirs and other incumbrances obstructing the passage of fish in the rivers of this
j)rovince. Nov. 17, 1775. p. 12

No. 255. An Act for altering the time of sitting and holding the supreme
■court in King's county and at the counties of Annapolis and Cumberland in the
spring circuit of the year 1776. Nov. 17, 1775. p. 16

No. 256. An Act for establishing the times of holding an inferior court of
common pleas in the township of Yarmouth in Queen's county. Nov. 17, 1776.

p. 19

No. 257. An Act in amendment to the several laws of this province concerning
bail. Nov. 17, 1775. p. 22

No. 259. An Act in further amendment of an Act made in the sixth year of
His present Majesty's reign, intituled an Act for prescribing the form of writs and
the manner of issuing the same. June 29, 1776. p. 25

No. 260. An Act to repeal an Act made in the last session of the General
Assembly intituled an Act in addition to the several Acts of this province made for
regulating the militia, and more particularly an Act made in the second year of
His present Majesty's reign, an Act for the better regulating the militia on actual
service in time of war. June 29, 1776. p. 20

No. 261. An Act in addition to the several Acts made by the General Asisembly
of this province to enable the several townships within the same to maintain their
poor. June 29, 1776. p. 32

No. 262. An Act for altering the times appointed for holding the Supreme
Court. June 29, 1776. p. 36

No. 263. An Act in addition to an Act made in the thirteenth year of His
present Majesty's reign, intituled an Act to impower the Province Treasurer to issue
other notes in exchange for such notes as have been issued heretofore in virtue of the
several Loan Acts, made by the General Assembly of this province, and are defaced
and worn. June 29, 1776. p. 39

No. 264. An Act for continuing an Act made in the fifteenth year of His present
Majesty's reign, intituled an Act for granting to His Majesty an excise on molasses
and brown sugar sold within, or brought into this province, and for more effectually
improving and extending the trade of this colony to the West Indies. June 29,
1776. p. 43

No. 265. An Act in further addition to and for continuing an Act made in the
fifteenth year of His present Majesty's reign intituled an Act in amendment of and
further addition to, and for continuing the several Acts of the General Assembly of
this province therein mentioned relating to the duties of impost and excise on wines,
beer, rum and other distilled spirituous liquors. June 29, 1776. p. 46

CANADIAN ARCHIVES 37

SESSIONAL PAPER No. 29b

No. 266. An Act for farming the duties of impost and excise on beer, rum and
other distilled spirituous liquors, and wines, brown sugar, and molasses at the several
districts therein mentioned. June 29, 1776. p. 50

No. 267. An Act for taking, examining and stating the public accounts for this
province. June 29, 1776. p. 57

No. 268. An Act for restraining the exorbitant price of labour. June 23,

1777. p. 61
No. 269. An Act for regulating the price of certain provisions in the township

of Halifax. June 23, 1777. p. 65

No. 270. An Act in addition to an Act intituled an Act to prevent trespasses.
June 23, 1777. p. 68

No. 271. An Act in amendment of the several Acts for regulating juries. June
23, 1777. p. 71

No. 272. An Act for more effectually preventing the desertion of seamen and
soldiers from His Majesty's navy and army in this province. June 23, 1777. p. 74

No. 273. An Act in further addition to an Act made in the third year of His
present Majesty's reign, intituled an Act to enable the several townships within this
province to maintain their poor. June 23, 1777. p. 78

No. 274. An Act in further addition to an Act made in the fifth year of His
present Majesty's reign, intituled an Act for the choice of town officers and regulat-
ing townships. June 23, 1777. p. 82

No. 275. An Act in amendment of an Act made in the second year of His
present Majesty's reign, intituled an Act for the better regulating the militia on
actual service in time of war. June 23, 1777. p. 86

No. 276. An Act for the making perpetual an Act made in the eleventh year of
His present Majesty's reign intituled an Act to avoid the double payment of debts,
June 23, 1777. p. 90

No. 277. An Act for continuing the several Acts relating to the duty on wheel
carriages within the peninsula of Halifax. June 23, 1777. p. 93

No. 278. An Act for the more effectually securing prisoners committed for
crimes against His Majesty and Government and for the trial of such offenders.
June 23, 1777. p. 96

No. 279. An Act for continuing the several Acts for raising a fund for the
purpose of making and repairing bridges and roads of communication through the
province. June 23, 1777. p. 100

No. 280. An Act for continuing an Act made in the fifteenth year of His present
Majesty's reign, intituled an Act to impower the Governor, Lieutenant Governor, or
commander in chief for the time being to prohibit the exportation of gunpowder,
arms and ammunition or saltpetre, or carrying the same coastways. June 25,

1778. p. 103
No. 281. An Act for continuing several Acta that are near expiring. June 25,

1778. p. 106

No. 282. An Act in further addition to, and amendment of and for continuing

the several Acts of the General Assembly of this province therein mentioned relating

to the duties of impost and excise on wines, beer, rum and other distilled spirituous

liquors. June 25, 1778. p. 110

No. 283. An Act for the making perpetual an Act made in the sixteenth year

of His present Majesty's reign intituled an Act in addition and amendment of an

Act made in the third year of His present Majesty's reign intituled an Act to prevent

nuisances by hedges, weirs and other incumbrances obstructing the passage of fish in

the rivers in this province. June 25, 1778. p. 114

No. 284. An Act to amend, render more effectual and red-uce into one Act the

several Acts made by the General Assembly of this province concerning bail. June

25, 1778. p. 117

38 DEPARTMENT OF TEE SECRETARY OF STATE

4 GEORGE v., A. f914

No. 285. An Act for farming the duties of impost and excise on beer, rum
and other distilled spirituous liquors and wine, brown sugar and molasses at the
several districts therein mentioned. June 25, 1778. p. 121

No. 286. An Act in amendment of, and for continuing an Act made in the
fifteenth year of His present Majesty's reign, intituled an Act for granting to His
Majesty an excise on molasses and brown sugar sold within, or brought into this
province, and for the more effectual improving and extending the trade of this
colony with the West Indies. June 25, 1778. p. 129

No. 288. An Act for the more speedy recovery of His Majesty's debts within
this province. June 25, 1778. p. 133

No. 289. An Act in further amendment of, and in addition to the several laws
relating to the duty on licensed houses. June 25, 1778. p. 137

No. 290. An Act to impower the Governor, Lieutenant Governor or Com-
mander in Chief to appoint sheriffs in such counties where it may be found neces-
sary. June 25, 1778. p. 140

No. 292. An Act to prevent the spreading of distempers among horses and
cattle in this province. June 18, 1779. p. 145

No. 293. An Act for providing pounds in the several townships in this pro-
vince. June 18, 1779. p. 148

No. 294. An Act to impower the justices of the peace in their -sessions to make
regulations for the preventing of clandestine conveying away sheep and lambs
from the townships in this province. June 18, 1779. p. 151

No. 295. An Act in amendment of an Act made in the thirty-second year of
His late Majesty's reign, intituled an Act directing the proceedings against forcible
entry and detainer. June 18, 1779. p. 155

No. 296. An Act to explain, amend and render more effectual the several laws
of this province for repairing and mending highways, roads, bridges and streets.
June 18, 1779. p. 159

No. 297. An Act in further addition and amendment of an Act made in the
eleventh year of His present Majesty's reign, intituled an Act for altering and
amending an Act made in the thirty-second year of His late Majesty's reign intituled
an Act relating to the assize of bread and for ascertaining the standard of weights
and measures. June 18, 1779. p. 163

No. 298. An Act for laying a duty on goods and merchandise, lands and tene-
ments sold at public auction. June 18, 1779. p. 167

No. 299. An Act for laying an additional duty of excise on wines, rum and
other distilled spirituous liquors. June 28, 1779, p. 173

No. 300. An Act for altering the time appointed for holding the Supreme
Court in Iving's county and the county of Annapolis in the spring circuit. June
28, 1779. _ p. 177

No. 301. An Act to regulate abuses in the sale of hides and skins. June 28,
1'.79.

No. 302. An Act to obviate doubts which have arisen in regard to the payment
of the duties of import and excise on rum and other spirituous liquors. June 28,
1779. p. 184

No. 303. An Act for laying an additional duty on the tonnage of vessels coming
into the harbour of Halifax. June 28, 1779. p. 187

No. 304. An Act for the establishment of a public market for the sale of live
stock within the town of Halifax. June 28, 1779. p. 192

No. 305. An Act for regulating carriers and owners of wagons, carts and
trucks employed for hire on the roads between Halifax and the townships of Windsor,
Truro, Onslow and Londonderry. June 28, 1779. p. 197

No. 306. An Act for laying a tax upon lands, tenements and hereditaments in
the province for a certain limited time. June 28, 1779. p. 203

CAXADIAN ARCHIVES 39

SESSIONAL PAPER No. 29b

No. 307. An Act to impower the Province Treasurer to borrow a sum, not
exceeding the sum of five thousand pounds, for the purpose of purchasing, fitting
and supporting armed vessels for the protection of the coast of this province. June
28, 1779. p. 214

No. 308. An Act for the more effectually securing all the goods, chattels, lands
and tenements belonging to such persons who have deserted this province to join
His Majesty's rebellious subjects in other colonies. June 28, 1779. p. 220

No. 309, An Act for establishing a public school in the town of Halifax. Nov. 3,
1780. p. 225

No. 310. An Act for continuing the several Acts of the General Assembly of
this province therein mentioned, relating to the duties of impost and excise on
wines, beer, rum and other distilled spirituous liquors. Nov. 3, 1780. p. 228

No. 311, An Act for continuing the several Acts of the General Assembly of
this province therein mentioned, relating to the excise on molasses and brown sugar
sold within, or brought into this province, and for the more effectual improving
and extending the trade of this colony to the West Indies, Nov. 3, 1780, p, 231

No. 312, An Act in further amendment of, and for continuing the several laws
relating to the duty on licensed houses, Nov, 3, 1780. p. 234

No. 313. An Act for continuing the several laws relating to the duty on wheel
carriages within the peninsula of Halifax, Nov. 3, 1780, p, 233

No. 314, An Act for the more speedy and effectual collecting such town rates
and taxes as may be assessed on the inhabitants of the township of Halifax, Nov, 3,
1780, p. 240

No. 315, An Act in amendment of, and for continuing an Act made in the
nineteenth year of His present Majesty's reign, intituled an Act for regulating carriers
and owners of trucks, waggons and carts employed for hire on the roads between
Halifax and the townships of Windsor, Truro, Onslow and Londonderry. Nov. 3,
1780. p. 243

No. 316. An Act in amendment of an Act made in the nineteenth year of His
Majesty's reign, intituled an Act for the more effectual securing all the goods, chattels,
lands and tenements belonging to such persons who have deserted this province to
join His Majesty's rebellious subjects in the other colonies. Nov, 3, 1780, p. 247

No, 317, An Act for limiting the duration of the General Assembres of this
province, Nov. 3, 1780. p. 250

No. 318. An Act for laying an additional duty of excise on wines, rum and other
■distilled spirituous liquors, Nov, 3, 1780. p, 253

No, 319. An Act for raising the sura of 1,500 pounds by lotteiy for the building
a public school in Halifax. Nov. 3, 1780. p. 256

No. 320. An Act for reducing the terras of holding the Supreme Court of Judi-
cature and the Inferior Court of Common Pleas at Halifax, Nov. 3, 1780. p. 261

No, 337. An Act made in the second year of His present Majesty's reign,
intituled an Act for appointing firewards, ascertaining their duty, and for punishing
thefts and disorders at the time of fire. July 4, 1782,

No. 334. An Act in addition to, and for continuing and in amendraent of the
several Acts of the Gen(5ral Assembly of this province relating to the duties of impost
and excise on wines, beer, rum and other distilled spirituous liquors, July 4,
1782,

No. 333. An Act to repeal certain clauses in two Acts of the General Assembly
of this province which have been found injurious and oppressive to that part of His
Majesty's subjects professing the Eoraan Catholic religion, June 29, 1782,

No, 332. An Act to exempt from the payment of the duties of impost and exei-e
such molasses, rum or other distilled splritiious liquors as s^all be is u d to His
Majesty's troops in this province as a gift or donation from His Majesty. June 39,
1782.

40 DEPARTMEXT OF THE SECHETART OF >^TATE

4 GEORGE v., A. 1914

No. 342, An Act to provide for the maintenauee and support of the transient
poor in this province by laying a duty on goods imported and sold by adventurers.
July 4, 1782.

No. 335. An Act in amendment of and for continuing an Act made in the
fifteenth year of His present Majesty's reign, intituled an Act for granting to His
Majesty an excise on molasses and brown sugar sold within, or brought into this
province,, and for the more effectual improving and extending the trade of this colony
to the West Indies. July 4, 1782.

No. 310. An Act to repeal an Act made in the last session of the General
Assembly intituled an Act in addition to and amendment of, and to reduce into one
Act the several Acts of the General Assembly for regulating carriers and owners of
waggons, carts and trucks travelling through this province. July 4, 1782.

No. 338. An Act in amendment of and in addition to an Act made in the first
year of His present Majesty's reign, intituled an Act for registering marriages,
births and deaths. July 4, 1782,

No. 341. An Act to raise a sum of money towards keeping in repair the roads
leading from Halifax to Windsor and the district of Colchester. July 4, 17S2.

No. 346. An Act to enable the creditors of Government to receive interest on
such warrants as shall be drawn on the treasury and payable in pursuance of votes
and resolutions of the General Assembly, which by a scarcity of money the Treasurer
shall not be able to discharge. July 4, 1782.

No. 339. An Act for the relief of Samuel Smith, an insolvent dfbtor and
prisoner in His Majesty's gaol at Halifax. July 4, 1782.

No. 343. An Act in further addition to, and amendment of the several laws
made by the General Assembly of this province for the establishing- and regulating
the militia. July 4, 1782,

No. 345. An Act to provide for the support of the puisne judges of His Majesty's
Supreme Court. July 4, 1782.

No. 344. An Act in addition to, and for continuing the several laws relating to
the duty on licensed houses. July 4, 1782.

No. 336. An Act to restrain hawkers, pedlars and petty chapmen, not duly
licensed to trade travelling to and' fro through the province. July 4. 1782.

Note, — The dates given are those on which the Acts received the Governor's
assent. In the margin of the volume are the dates when the Bill passed each House.

ACTS OF THE PROVINCE OF NEW BRUNSWICK, 1795-1798.

(Duplicate Copies.)

No. 143. An Act for the more easy and speedy recovery of small debts.

No. 144. An Act to regnilate the times of the sitting of the Inferior Courts of
Common Pleas in this province and to enlarge the jurisdiction of the same and for the
summary trials of certain actions.

No. 145. An Act in addition to an Act intituled an Act for the better ascertain-
ing and confirming the boundaries of the several counties within this province and
for subdividing them into towns or parishes.

No. 146. An Act for preserving the bank of the river Saint John in front of the
parish of Lincoln in the country of Sunbury.

No. 147. An Act to continue several Acts that are near expiring.

No. 148. An Act to provide for the support of beacons to be erected for the better
securing the navigation of Passamaqvioddy bay, and building a slip in the harbour
of Saint Andrews.

CANADIAN ARC HIVES 4t

SESSIONAL PAPER No. 29b

No. 149. An Act further to continue an Act intituled an Act for raising a
revenue in this province.

No. 150. An Act to prevent Acts of the General Assembly from taking efiFect
from a time prior to the passing thereof. March 12, 1796.

Xo. 151. An Act for reviving and continuing and Act intituled an Act for the
support and relief of confined debtors. March 12, 1796.

No. 152. An Act to revive and continue an Act intituled an Act for preserving
the bank of the river Saint John on front of the parishes of Maugerville, Sheffield
and Waterborough. March 12, 1796.

No. 153. An Act for preventing unnecessary expense and delay in the process
of barring entails, and for establishing a plain and easy form of conveying and
assuring estates-tail. March 12, 1796.

No. 154. An Act to prevent bringing infectious distemper into the city of Saint
John. March 12, 1796.

No. 155. An Act to amend an Act intituled an Act for regulating the fisheries
in the different rivers, coves and creeks of this province, so far as the same respects
the fisheries in that part of the county of Northumberland which is within the bay and
river Miramichi and its branches. March 12, 1796.

No. 156. An Act for regulating, laying out and repairing highways and roads
and for appointing commissioners and surveyors of highways within the several towns
or parishes in this province, and for suspending for a limited time all the laws now in
force relating to the same. March 12, 1796.

No. 157. An Act to continue an Act intituled an Act for the more easy and
speedy recovery of small debts. Feb. 18, 1797.

No. 158. An Act to alter and amend an Act passed in the twenty-sixth year of
His present Majesty's reign intituled an Act for preventing trespasses. Feb. 18, 1797.

No. 159. An Act to authorize the erection of fences and gates across certain roads
in the several counties in this province where the same shall be found necessary.
Feb. 18, 1797.

No. 160. An Act for regulating the exportation of fish and lumber and for
repealing the laws now in force regulating the same. Feb. 18, 1797.

No. 161. An Act to prevent the growth of thistles. Feb. 18, 1797.

No. 162. An Act to alter and amend an Act intituled an Act for regulating,,
laying out and repairing highways and roads and for appointing commissioners and
surveyors of highways within the several towns or parishes in this province, and for
suspending for a limited time all the laws now in force relating to the same. Feb.
18, 1797.

No. 163. An Act in addition to and in amendment of an Act intituled an Act
for the regulation of seamen. Feb. 9, 1798.

No. 164. An Act to continue sundry acts of the General Assembly that are near
expiring. Feb. 9, 1798.

ORDINANCES OF CAPE BRETON, 1790-1803.

(Duplicate copies.)

No. 21. An Ordinance for choosing constables for the town and county of
Sydney. Aug. 8, 1790.

No. 22. An Ordinance for establishing of a parish and the regulating of the
choice of church wardens and vestrymen. March 30, 1791.

No. 32. An Ordinance for regulating the price of cartage and truckage in the
town and district of Sydney. January 12, 1803.

42 DEPARTMENT OF THE SiECRETARY OF f<TATE

4 GEORGE v., A. 1914

No. 33. An Ordinance for the appointment of commissioners to manage^ and
superintend the expenditure of the public revenues for other purposes tending to the
public benefits and improvements of the island. Jan. 12, 1803.

No. 34. An Ordinance for regulating Grand arid Pet'it Juries and declaring
the qualifications of jurors. Feb. 14, 1803.

No. 35. An Ordinance to provide for the support and maintenance of bastard
children and punishing the mother and reputed father. Feb. IT, 1803.

DUPLICATE DESPATCHES, AMHERST AND BOSCAWEN, 1758.

E. Boscawen to William Pitt. July 28, 1758.
Gen. Amherst to William Pitt. July 30, 1758.
E. Boscawen to William Pitt. Sept. 13, 1758.
Gen. Amherst to William Pitt. July 27, 1753.
Articles de Capitulation.

CAXADIAN ARCHIVES 43

SESSIONAL PAPER No. 29b

APPENDIX D.

THE JOHN LOWE PAPERS.

'ase 1. — 62 letters from public men: JSir John A. Macdonald, 10; Hon. D'Arcy

McGee, 5; Senator Ryan, 2; A. R. Roche {re Hudson's Bay Co.), 10;

J. Sheridan Hogan, 1, etc., etc.
" 2.-27 letters from Sir Hugh Allan.

" 3.-57 " Sir John Rose, Hon. Wm. Annand, &c.

" 4.-74 " Hon. J. H. Pope.

" 5. — 42 " Hon. Justice Dunkin.

^' 6. — 41 " Sir Geo. E. Cartier, Sir Alexander Campbell, Sir Leoaard

Tilley, Hon. Alexander Morris, Wm. Morris, Sir Narcisse Belleau, Hon.

William Cay ley, Hon. John Young, Hon. Edward Blake, Hon. John

Bright.
^' 7. — 71 letters from Hon. John Carling, Hon. A. R, Angers, Governor General's

Secretaries, Sidney Smith, W. H. Griffin, and Sir Roderick Cameron.
'' 8.-56 letters from Sir John Shultz, Sir D. A. McPherson, Hon. C. C. Colby,

Sir Mackenzie Bowell, Hon. Joseph Howe, Hon. Isaac Buchanan, Hon.

R. D. Wilmot, Hon. D. E. Price, Hon. W. Pelletier, R. White, etc.
^' 9. — 67 letters from Hon. L. Letellier, Hon. Wm. Macdougall, Erastus Wiman,

Sir George Stephen, Sir Sandford Fleming, &c.
" 10. — 56 letters from Brown Chamberlain.
" 11.-67 " Grand Trunk Railway.

" 12. — 22 letters and documents from Allan Line.

U -JO ±0 CI (( « U i(

" 14. — 55 " " " " Canadian Pacific Railway; Addresses and

petitions, Mackay Letters.

" 15. — 83 letters to Hon. J. H. Pope, and to Brown Chamberlain.

" 16 to 23.-526 Letters to John Lowe.

" 25 to 34. — 1,616 Letters on the subject of emigration.

" 35 to 37. — 186 Documents on the subject of emigration.

" 38 and 39. — 298 Documents and Letters regarding Census matters.

" 40. — 75 Letters on general topics.

*' 41. — 2 Documents and Newspapers, Mulock Case.

" 42. — 388 Letters, Year Book Correspondence.

" 43. — 77 Documents, Exhibitions in Australia and Philadelphia.

" 44. — 133 Letters, special and general.

" 45 to 49.: — 302 Letters, Correspondence of Hon. J. H. Pope.

" 50 and 51. — Documents regarding Cattle and Quarantine.

" 52. — 52 Documents regarding dairying, copyright, and estimates.

" 53. — 40 " " the Civil Service Commission, 1892, Archives, and

Agriculture.

" 54 and 55. — 125 Documents (Confidential and Private).

" 56. — 77 Documents regarding Health Conferences and Patent Office Papers.

" 57.-27 " " Retirement of John Lowe.

'' 58.— 16 Additional Papers.

44

DEPARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Fifteen Letter Books, —

1. Private Letter Book, Brown Chamberlain, 78 Letters, 1855.

2. Montreal Gazette, Letter Book, 609 Letters, 1857-1870.

3. British American Advertising Agency, Letter Book, 22'3 Letters, I860..

4. Letter Book, J. Lowe, 1 letter, 1872.

5. " " 530 letters, 1871-1872.
6.
7.
8.
9.

10.

11.

12.

13.

14.

15.
1 Box of papers, private and confidential, about 3,000.
1 Volume Health Statistics.
1 " Estimates, 1889-1890.
1 " Orders-in-Council, 1866-1884.
1 Box Memos, and personal writings of John Lowe, about 500.

500

1872-1876

500

1874-1876

500

1876-1878.

500

1878-1880

500

1880-1885.

400

1885.

500

1893.

574

1893.

500

1880-1885.

500

1885.

CAXADIAX ARC HIVES 45

-SESSIONAL PAPER No. 29b

APPENDIX E.

ORDINANCES, MADE FOR THE PROVINCE OF QUEBEC, BY THE GOVER-
NOR AND COUNCIL OF THE SAID PROVINCE, SINCE THE ESTAB-
LISHMENT OF THE CIVIL GOVERNMENT.

Quebec: Printed by Brown &. Gilmore, near the Bishop's Palace, MDCCLXVII.

An Ordinance for Regulating and Establishing the Currency of the Province.

By His Excellency the Honourable James Murray, Esq; Captain-General and Gover-
nor in Chief, in and over the Province of Quebec, and of the Territories depend-
ing thereon in America, Vice- Admiral of the same. Governor of the Town of
Quebec, and Colonel Commandant of the Second Battalion of the Royal American
Regiment of Foot, &c. &c. &c. In Council, this 14:th Day of September, in the
Fourth Year of His Majesty's Reign, Annoque Domini, 1764.

Whereas His Most Sacred Majesty, by His Instructions to His Excellency, bear-
ing Date at St. James's, the Seventh Day of December, One Thousand Seven Hun-
dred and Sixty-Three, hath been pleased to authorise and impower his said Excellency,
with the Advice and Assistance of His Majesty's Council, to make Rules and Regula-
tions, and Ordinances, for the better ordering and well governing of this His Pro-
Yince of Quebec : And whereas it is highly expedient and necessary, to fix a certain
Value upon every Species of Coin now in this Colony, and to ascertain the Currency
thereof throughout the whole Province, upon one certain and uniform Plan; and
Iiaving maturely considered the several Currencies which prevail at this Time in the
different Colonies and Provinces upon this Continent, as likewise the Ease and Con-
venience of His Majesty's good Subjects of the Province of Quebec; His Excellency
the Governor, by and with the Advice and Assistance of His Majesty's Council, and
ty Virtue of the Power and Authority to him given by His Majesty's Letters Patent,
under the Great Seal of Great-Britain, hath thought fit to Ordain and Declare; and
His said Excellency the Governor, by and with the Advice and Assistance aforesaid.
Doth hereby Ordain and Declare, That from and after the first Day of January, One
Thousand Seven Hundred and Sixty-Five, the following Species of Coins shall pass
current throughout this whole Province, at and after the several Rates herein men-
tioned, viz.

Dwt. Gr.

The Johannes of Portugal, weighing 18 - 6 — at £4 - 16 - 0

The Moydore 6 - 18 — at 1-16-0

The Carolin of Germany 5 - 17 — at 1-10-0

The Guinea 5- 4 — at 1- 8-0

The Louis D'Or 5 - 3 — at 1 - S - 0

The Spanish or French Pistole 4- 4 — at 1- 1-0

The Seville, Mexico, and Pillar Dollar, 17 - 12 — at 0 - 6-0

A French Crown, or Six Livre Piece, 19- 4 — at 0- 6-8

The French Piece, passing at present for £0-4-6

Halifax 1.") - 16 — at 0 - 5-6

The British Shilling, 0- 0 — at 0- 1-4

The Pistereen 0- 0 — at 0- 1-2

The French Nine-Penny Piece, 0- 0 — at 0- 1-0

Twenty British Coppers, 0 - 0 — at 0 - 1-0

46 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

And all the higher or lower Denominations of the said Gold and Silver Coins, to pass
current likewise in their due Proportions.

And it is hereby further Ordained and Declared, That from and after the said
first day of January, One Thousand Seven Hundred and Sixty-Five, the above Species
of Coins, or any of them, according to the above Rates, shall be deemed a legal Tender
in Payment of all Debts and Contracts, that have, or shall be made within this Prov-
ince, where there is no special Agreement to the Contrary, drawn up in Writing, or
before sufficient Witnesses; and that in all Agreements, prior to, or since the Con-
quest of this Province, which have been made in Livres, according to the Method of
Computation heretofore in Use, the Livre shall be estimated equal to One Shilling of
the Currency hereby established, the Dollar to be equal to Six Livres, or Six Shillings,
and in the same Proportion for every Coin herein specified.

Arid whereas a Practice has been introduced of cutting Dollars, and of passing^
the Fragments as small Change at an arbitrary Value; and the same being liable to
great Fraud and Abuse, It is hereby further Ordained and Declared, That from the
Date of the Publication hereof, no Parts of Dollars, or any other Coin, so cut, or
otherwise clipped, shall be admitted to pass current by Way of Change in any Part
of this Province; and that all Persons, uttering or passing any such, upon Convic-
tion thereof by the Oath of one credible Witness, before one or more Justices of
Peace, shall, for the first Offence, forfeit the Sum of Ten Shillings, current Money
of the Province, and Twenty for the Second, besides one Month's Imprisonment; tho
said Fines, so levied, to be applied to His Majesty's Use.

And, in Order to prevent the Importation of Copper in such Abundance, as to
drain the Country of its Gold and Silver, It is hereby further Ordained and Declared,
hy the Authority aforesaid, That from the Date of the Publication hereof, all Sols
Marques, whether old or new, shall pass only as Farthings, that is to say, from the
Date of the Publication hereof, until the first Day of January next. Forty-eight Sols
Marques shall be deemed equal to One Shilling Halifax, and Thirty of said Sols
Marques equal to One Shilling York Currency; but that from and after the said first
Day of January next ensuing, Forty-Eight of the said Sols Marques shall be equal to
One Shilling of the Currency of this Province. Provided nevertheless, That no
Person shall be obliged to receive of said Sols Marques, or other Copper, at any one
Payment, for above the Value of One Shilling of the Currency hereby established.

GIVEN by His Excellency the Honorable JAMES MUREAY, Esq; Captain-
General and G'overnor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same. Governor of the
Town of Quebec, C olonel-C ommandant of the Second Battalion of the Royal
American Regiment, &c. &c. In Council, at Quebec, the lAth of September,
Anno; Domini, 1764, and in the Fourth Year of the Reign of our Sovereign
Lord King GEORGE the III. by the Grace of God, of Great-Britain, Franca
and Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.
By Order of His Excellency in Council,
J. Gray, D. Sec^v.

An ORDINANCE, For regulating and establishing the Courts of Judicature, Justices
of the Peace, Quarter-Sessions , Bailiffs, and other Matters relative to the Distri-
bution of Justice in this Province.

Whereas it is highly expedient and necessary, for the well governing of His
Majesty's good Subjects of the Province of Quebec, and for the speedy and impartial
Distribution of Justice among the same, that proper Courts of Judicature, with
proper Powers and Authorities, and under proper Regadations, should be established
and appointed :

CANADIAN ARCHIVES 47

SESSIONAL PAPER No. 29b

His Excellency the Governor, by and with the Advice. Consent and Assistance
of His Majesty's Council, and by Virtue of the Power and Authority to him given by
His Majesty's Letters Patent, under the Great Seal of G',reat-Britain, hath thought
fit to Ordain and Declare; and his said Excellency, by and with the Advice. Consent
and Assistance aforesaid. Doth hereby Ordain and Declare,

That a Superior Court of Judicature, or Court of King's Bench, be established in
this Province, to sit and hold Terms in the Town of Quebec, twice in every Year, viz.
One to begin on the Twenty-first Day of January, called Hillary Term, the other- the
twenty-first Day of June, called Trinity Term.

In this Court His Majesty's Chief-Justice presides, 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; land from this Court an Appeal lies to the
Governor and Council, where the Matter in Contest is above the Value of Three
Hundred Pounds Sterling; and from the Governor and Council an Appeal lies to the
King and Council, where the Matter in Contest is of the Value of Five Hundred
Pounds Sterling or upwards.

In all Tryals in this Court, all His Majesty's Subjects in this Colony to be
admitted on Juries without Distinction.

And His Majesty's Chief-Justice, once in every Year, to hold a Court of Assize,
and General Goal-Delivery, soon after Hillary Term, at the Towns of Montreal and
Trois-Rivieres, for the more easy and convenient Distribution of Justice to His
Majesty's Subjects in those distant Parts of the Province.

And whereas an inferior Court of Judicature, or Court of ConiLion-Pleas, is also
thought necessary and convenient. It is further Ordained and Declared, by the Autho-
rity aforesaid, That an inferior Court of Judicature, or Court of Common-Pleas, is
hereby established, with Power and Authority, to determine all Property above the
Value of Ten Pounds, with a Liberty of Appeal to either Party, to the Superior Court,
or Court of King's-Bench, where the Matter in Contest is of the Value of Twenty
Pounds and upwards.

All Tryals in this Court to be by Juries, if demanded by either Party ; and this
Court to sit and hold two Terms in every Year at the town of Quebec, at the same
Time with the Superior Court, or Court of King's-Bench. Where the Matter in
Contest in this Covirt is above the Value of Three Hundred Pounds Sterling, either
Party may (if they shall think proper) appeal to the Governor and Council immedi-
ately, and from the Governor and Council an Appeal lies to the King and Council,
where the Matter in Contest is of the Value of Five Hundred Pounds Sterling or
upwards.

The Judges in this Court are to determine agreeable to Equity, having Regard
nevertheless to the Laws of England, as far as the Circumstances and present Situa-
tion of Things will admit, until such Time as proper Ordinances for the Information
of the People can be established by the Governor and Council, agreeable to the Laws
of England.

The French Laws and Customs to be allowed and admitted in all Causes in this
Court, between the Natives of this Province, where the Cause of Action arose before
the first Day of October, One Thousand Seven Hundred and Sixty-four.

The first Process of this Court to be an Attachment against the Body.

An Execution to go against the Body, Lands or Goods of the Defendant.

Canadian Advocats, Proctors, &c., may practice in this Court.

And whereas it is thought highly necessary for the Ease, Convenience, and Happi-
ness of all His Majesty's loving Subjects, That Justices of the Peace should be
appointed for the respective Districts of this Province, with Power of determining
Property of small Value in a summary Way, It is therefore further Ordained and
Declared, by the Authority aforesaid, and full Power is hereby Given and Granted to
any one of His Majesty's Justices of the Peace, within their respective Districts, to

48 DEPARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

hear and finally determine in all Causes or Matters of Property, not exceeding the
Sum of Five Pounds current Money of Quebec, and to any two Justices of the Peace,
within their respective Districts, to hear and finally determine in all Causes or Matters
of Property, not exceeding the Sum of Ten Pounds said Currency, which Decisions
being within, and not exceeding the aforesaid Limitation, shall not be liable to an
Appeal; and also full Power is, by the Authority aforesaid. Given and Granted, to
any three of said Justices of the Peace to be a Quorum, with Power of holding
Quarter- Sessions in their respective Districts every three Months, and also to hear
and determine all Causes and Matters of Property which shall be above the Sum of
Ten Pounds, and not exceeding Thirty Pounds current Money of Quebec, with Liberty
of Appeal to either Party to the Superior Court, or Court of King's-Bench : And it is
hereby Ordered, That -the aforesaid Justices of the Peace do issue their Warrants,
directed to the Captains and other Officers of the Militia in this Province, to be by
them executed, until the Provost-Marshal, legally authorized by His Majesty, shall
arrive, and other inferior Ofiicers be appointed for that Purpose; all Officers, Civil
and Military, or other His Majesty's loving Subjects, are hereby commanded and
required to be aiding and assisting to the said Justices and Officers of Militia in the
due Execution of their Duty. And it is further Ordered and Directed, by the Author-
ity aforesaid, That two of the said Justices of the Peace do sit weekly in Potation, for
the better Regulation of the Police, and other Matters and Things in the Towns of
Quebec and Montreal, and that the Names of the Justices who are to sit in each Week,
be posted up on the Door of the Session-House by the Clerk of the Peace, two Days
before their respective Days of Sitting, that all Persons may know to whom to apply
for Redress.

And whereas there are not at present a sufficient Number of Protestant Subjects,
resident in the intended District of Trois-Rivieres, qualified to be Justices of the
Peace, and to hold Quarter-Sessions, It is therefore further Ordained and Declared,
by the Authority aforesaid, That from henceforth this Province shall be divided into
two Districts, to be known and called by the Names of Qvebec and Montreal, for the
Time being, and until there may be a competent Number of Persons settled at or
near Trois-Rivieres, duly qualified to execute the Office of Justices of the Peace, and
the Power of holding such Quarter-Sessions above-mentioned, or until His Majesty's
Pleasure be known in that Behalf; and that the said two Districts be divided and
bounded by the River Godfroy on the South, and by the River St. Maurice on the
North Side.

And whereas it is thought very expedient and necessary, for the six^edy and due
Execution of the Laws, and for the Ease and Safety of His Majesty's Subjects, That
a sufficient Number of inferior Officers should be appointed in every Parish through-
out this Province; It is therefore Ordered, by the Authority aforesaid, That the
Majority of the Householders, in each and every Parish, do, on the Twenty-fourth Day
of June, in every Year, elect and return to the Deputy-Secretary, within fourteen
Days after such Election, six good and sufficient Men to serve as Bailiffs and Sub-
Bailiffs in each Parish, out of which Number the King's Governor, or Commander
in Chief for the Time being, with the Consent of the Covmcil, is to nominate and
appoint the Persons who are to act as Bailiffs and Sub-Bailiffs in each Parish; and
such Nomination or Appointment is to be notified by the Deputy-Secretary to the
respective Parishes, and also published in the Quebec-Gazette, some Time in the
last Week in August in every Year; and the said Bailiffs and Sub-Bailiffs, so nomin-
ated as aforesaid, are to enter upon, and begin to execute their respective Offices on
the Twenty-ninth Day of September in every Year.

No Person to be elected a second Time to the same Office, except the whole Parish
has served round, or that those who have not, are laid aside for some material Objec-
tion, which must be supported by Proof; But that there may never he an entire Set
of new Officers at one Time, but that those who remain mav be able to instruct those

CAXADIAX ARCHIVES 49

SESSIONAL PAPER No. 29b

who enter into Office, one of those Persons who served as Sub-Bailiffs in each Parish,
to be elected and nominrited Bailiffs of said Parish the ensuing Year.

If a Bailiff dies in his Office, the Governor, or Commander in Chief, will nomi-
nate one of those returned by said Parish to serve as Sub-Bailiffs for the Remainder
of the Year; and when a Sub-Bailiff happens to die in Office, the Bailiffs shall
assemble the Parish upon the next publick Feast Day insuing his Decease, who shall
proceed to elect and return, as aforesaid, another Sub-Bailiff.

The Election of Bailiffs and Sub-Bailiffs for this present lear, to be on the
Twentieth Day of Octoher; their Xames to be returned immediately after the Elec-
tion: Their domination will be notiiied .and published by the Deputy-Secretary as
soon as may be, and they shall enter upon, and begin to execute their respective
Offices, on the First Day of December, but all Elections, &c., after this Turn, shall be
upon the Days and Times above-mentioned and appointed for that Purpose.

The Bailiffs are to oversee the King's High-ways and the publick Bridges, and
see that the same are kept in good and sufficient Repair; to arrest and apprehend all
Criminals, against whom they shall have Writs or Warrants, and to guard and
conduct them through their respective Parishes, and convey them to such Prisons or
Places as the Writ or Warrant shall direct : They are also to examine all Bodies that
are exposed, and on whom any Marks of Violence appear, in Presence of five reput-
able Householders of the same Parish, whom he is hereby impowered to summons
to inspect the same, and report in Writing the State and Circumstances thereof to
the next Magistrate, that a further Examination may be made therein if necessary;
but this is to be done only where the Coroner cannot by any Possibility attend, which
in this extensive Province may frequently happen.

Where any Disputes happen concerning the Breaking or Repairing of Fences,
upon Complaint made to the Bailiff, he shall summons the Defendant, who is to
choose three indifferent Persons, and the Plaintiff three more, and these six, the
Bailiff presiding, to decide the Dispute; from their Sentence either Party may appeal
to the Quarter-Sessions; the Person found in Fault to pay One Shilling and no more,
to the Person who shall draw up the Decision.

These Bailiffs to be sworn into their Office by the next Justice ol the Peace, as
soon as may be after their domination as aforesaid, and the said Oath to be returned
to the next Quarter-Sessions by such Justice.

GIVEN hy His Excellen:y the HonoraUe JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending 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. &e. In Council, at Quebec, the 11th of September,
Anno, Domini, 1764, and in the Fourth Year of the Reign of our Sovereign
Lord GEORGE the HI. hy the Grace of God, of Great-Britain, France and
Ireland, KING; Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
J. Gray, D. SeC'V.

An ORDINANCE, Declaring what shall he deemed a due Puhlication of the Ordi-
nances of the Province of Quebec.

Whereas it is highly necessary and expedient. That the several Ordinances made
in this Province, should be duly published and made known to all His Majesty's
loving Subjects within the same: And whereas publishing in the Quebec-Gazette
has been found the most convenient and expeditious Method of conveying to the
Knowledge of the Publick, all such Matters and Things as have been, or may be
thought proper to communicate to them:

2&b^

50 DEPARTMENT OF THE HECRETARY OF STATE

4 GEORGE v., A. 1914

His Excellency the Governor, by and with the Advice, Consent and Assistance
of His Majesty's Council, and by Virtue of the Power and Authority to him given,
by His Majesty's Letters Patent, under the Great Seal of Great-Britain, hath thought
fit to Ordain and Declare; and his said Excellency, by and with the Advice, Consent
and Assistance aforesaid, doth hereby Ordain and Declare,

That the publick Reading of any Ordinance of this Province, by the Provost-
Marshal or his Deputy, in the three principal Towns of the said Province, to wit :
Quebec, Montreal and Trois-Rivieres, after Notice by Beat of Drum, and the pub-
lishing the same in the Quehec-Gazette, shall be deemed a sufficient Publication
thereof.

And all Ordinances heretofore, or which hereafter may be published in that
Manner, are hereby Declared to be in Force accordingly, from the Time of such
Publication.

GIVEN hij His Excellency the Honourable JAMBS MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec^ and Territories
thereon depending 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 ^d Day of October,
Anno Domini, 1764, and in the Fourth Year of the Reign of our Sovereign
Lord GEORGE the III. by the Grace of GoD;, of Great-Britain, France and
Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
J. Gray, D. SeCV.

An ORDIlSrANCE, Relating to the Assize of Bread, and for ascertaining the Standard
of Weights and Measures in the Province of Quebec.

Whereas great Frauds are daily committed in this Province, because no Stand-
ards for Weights and Measures, or Assize of Bread, have hitherto been established.

His Excellency the Governor, therefore, by and with the Advice and Consent of
His Majesty's Council for the said Province, and by Virtue of the Power and Author-
ity to him given, by His Majesty's Letters Patent under the Great Seal of G\reat-
Britain, hath thought fit to Ordain and Declare, and his said Excellency, by and with
the Advice and Consent aforesaid. Doth hereby Ordain and Declare, That from and
after the Tenth Day of October, One Thousand Seven Hundred and Sixty-four, all
Weights and Measurcb used in this Province, shall be according to the Standard of
the Exchequer of England, and that the Receiver-General of this Province, as soon
as may be, procure a Set of Measures, Long, Liquid and Dry, and a set of Brass
Weights and Scales; and that until such Weights and Measures shall arrive, the
Weights and Measures at His Majesty's Custom-IIouse shall be the Standard:

And the Clerks of the Market for each Town (to be hereafter appointed) shall
procure therefrom, a Set of Weights according to such Standard, which shall remain

III
with them as Assay Weighlrf, and shall be marked with the Letters G : R:

And be it further Ordained and Declared, That every Inhabitant of each Town
respectively, making use of Weights and Measures in the Sale of any Commodity,
shall, in one Week after public Notice given, by such Clerks respectively, bring, or
cause to be brought, their Weights and Measures to' be assayed, for each of which
Assay he shall have Two Pence for his Trouble and no more; and the said Clerk shall
cause such Weights and Measures to be branded, or stamped, with the Initial Letter
of the Town where such Assay shall be made. And whosoever shall thence-forward

CANADIAN ARCHIVES 51

SESSIONAL PAPER No. 29b

sell, or vend, any Commodity by Weights or Measures not so branded, or marked,
shall forfeit for every such offence Twenty Shillings, on due Conviction thereof before
any one of His Majesty's Justices of the Peace for the District wherein the Offence
shall be committed, to be levied by Warrant of Distress, and Sale of the Offenders
Goods.

And for the more effectual preventing such Frauds, Be it further Ordained and
Declared, That the said Clerks shall, and are hereby impowered, to inspect all Weights
and Measures; and for that Purpose, once in three Months, or oftner, if they see
Cause, shall visit every Inhabitant selling publickly by Weights and Measures, and
shall have full Power and Authority to seize all such, not stampt or branded as afore-
said, and may assay and mark and dispose of the same for their Use, as a Satisfac-
tion for their Trouble therein: And if any Person shall hereafter be convicted of
selling by Weights and Measures, less than the Standard hereby established, he shall
forfeit the Sum of Ten Pounds, to be recovered by Bill, Complaint or Information
in any of His Majesty's Courts of Record, for the Use of His said Majesty.

And for preventing Frauds in the Assize of Bread, Be it Ordained and Declared,
That the Clerks of the Market be, and are hereby impowered to visit every Bake-
House, or the House of any Person selling Bread, and to seize all such as shall be
found under the Weights and Assize established by this Ordinance, or under the
Weights that may be from Time to Time hereafter regulated and established, by any
three of His Majesty's Justices of the Peace, according to the true Intent and Mean-
ing of this Ordinance, oiz.

When the Price of Wheaten Flour is at, or under . Avoirdupoize.

Fourteen Shillings the 112 lbs. Avoirdupoize, lb. oz.

The Sixpenny Loaf of the same shall weigh 4 -0

Ditto Brown Loaf ' 6 - 0

And in that Proportion, less or more, when the Price of Wheaten Flour is dearer
or cheaper than the above Price of Fourteen Shillings per 112 lbs. And it shall and
may be lawful for said Clerks to stop and examine the Bread that may be carried
through the Streets, by any Person or Persons, either for immediate Sale, or the
Supply of his or their Customers, and in the like Manner to seize all such as shall
be found under the Weight and Assize; which Assize to be regulated by any three
Justices of the Peace in the Districts of Quehec and Montreal, on the first Monday in
every Month, and by them published.

And he it further Ordained and Declared, That every Baker within this Province,
shall, and arc hereby required, to mark his Bread with the first Letter of his Chris-
tian and Sur-name, which upon Failure thereof shall be seized, and such Bread so
seized shall be forfeited, and delivered to the Overseers of the Poor of the Town
where the Offence is committed, for the Benefit of the Poor or Prisoners.

Provided always, That if any Person shall think himself agrieved by such Seizure,
he may apply for Redress to any of His Majesty's Justices of the Peace for the
District, who is hereby impowered to determine the same, if Application be made
within twelve Hours after the Seizure be made.

And he it further Ordained and Declared, That if any Person, making use of
Weights and Measures, or selling Bread, shall refuse Admittance to any of the said
Clerks, declaring the Intent of their coming to discharge the Duty of their Office,
he shall for every such Refusal forfeit the Sum of Twenty Shillings, to be recovered
before any one of His Majesty's Justices of the Peace.

&IVEN hy His Excellency the Honorable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the .same. Governor of the
Town of Quebec, Colonel-Commandant of the Second Battalion of the Royal

29b— 4i

52 DEPARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

American Regiment, &c. &c. In Council, at Quebec, the Zd of September,
Anno, Domini, 1764, and in the Fourth Year of the Reign of our Sovereign
Lord GEORGE the III. hy the Grace of God, of Great-Britain, France and
Ireland^ KING, Defender of the Faith, &c. &c.

JA: MURRAY.
By Order of His Excellency in Council,
J. Gray, D. Sec^v.

An ORDINANCE, For ratifying and confirming the Decrees of the several Courts
of Justice established in the Districts of Quebec, Montreal and Trois-Rivieres,
prior to the Establishment of Civil government throughout this Province, upon
the tenth Day of August, One Thousand Seven Hundred and Sixty-four.

Whereas upon the Conquest of this Country, His Majesty's Commander in Chief
of the Forces in America, did Order and Direct Justice to be administered to the
Inhabitants thereof, by Courts established for that Purpose in the several Govern-
ments, into which this Province was at that Time divided, of which His Majesty,
through one of His Secretaries of State, was pleased to signify His Royal Approba-
tion, and to command the same to subsist and continue, until Civil Government could
with Propriety be settled therein; And,

In Order to satisfy any Doubts which might arise, with Regard to the Decisions
of the said Courts, and as far as may be, to prevent all vexatious Lawsuits, which
might at present or hereafter arise therefrom, his Excellency the Governor, by and
with the Advice, Consent and Assistance of His Majesty's Council, and by Virtue
of the Power and Authority to him given by His Majesty's Letters Patent, under the
Great Seal of Great-Britain, Hath thought fit to Ordain and Declare; and his said
Excellency, by and with the Advice, Consent and Assistance aforesaid. Doth hereby
Ordain and Declare, That from the eighth Day of September, in the Year One Thou-
sand Seven Hundred and Sixty, the Date of the Capitulation of Montreal, until the
tenth Day of August last, from which Time Civil Government took Place throughout
this Province, all Orders, Judgments, or Decrees of the Military Council of Quebec,
and of all other Courts of Justice in said Government, or in those of Montreal and
Trois Rivieres, do stand approved, ratified and confirmed, and shall have their full
Force and Effect, except in such Cases where the Value in Dispute exceeded the Sum
of Three Hundred Pounds Sterling, when either Party may appeal to His Majesty's
Governor and Council of the Province, provided such Appeal be lodged with the Clerk,
or Deputy-Clerk of His Majesty's Council of Quebec, within two months after the
Publication hereof, and sufficient Security is given by the Appellant, to pay all such
Costs and Charges as shall be awarded thereon, if the Decree is affirmed; and from
the Governor and Council an Appeal lies to the King and Council, where the Value
in Dispute amounted to the Sum of Five Hundred Pounds Sterling or upwards, the
Appellant giving sufficient Security as aforesaid, if the Decree is affirmed.

And it is hereby further Ordained and Declared, That if before the Publication of
the present Ordinance, and since the Establishment of Civil Government throughout
the Province, any Person has been arrested, or Process issued upon any Matter already
tried before any of the Courts aforesaid, in the several Governments of Quebec,
Montreal and Trois-Rivieres, before the Tenth Day of August last, the Person so
arrested, or against whom, such Process has been issued, shall lay their Case in Writ-
ing, by Way of Petition, before His Excellency and the Council, together with an
attested Copy or Copies of such Decree or Decrees, that Examination being had of
the same, if properly founded, the Action may be immediately dismissed ; the Parties
nevertheless preserving their Right of appealing as aforesaid, where the Value of the
Matter so tried, shall -appear to have exceeded the said Sums of Three Hundred
Pounds Sterling, and Five Hundred Pounds Sterling.

CANADIAN ARCHIVES 53

SESSIONAL PAPER No. 29b

And it is hereby further Ordained and Declared, hy the Authority aforesaid. That
the Judges, Justices of the Peace, and other Magistrates or Civil-Officers of this
Province, whom it doth or may concern, upon Application of the several Parties, shall
put in Execution all such Orders, Judgements or Decrees of the said Courts, the same
being properly attested, as have not been already executed, saving to the several
Parties concerned, their Right of Appeal as aforesaid, where the Matter in Dispute
exceeded the above limited Sums of Three Hundred Pounds Sterling, and Five
Hundred Pounds Sterling.

GIVEN hy His Excellency the Honorable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice-Admiral of the same. Governor of the
Town of Quebec, C olonel-C ommandant of the Second Battalion of the Royal
American Regiment, &c. &c. In Council, at Quebec, the 20th Day of Septem-^
ber. Anno Domini, 1764, and in the Fourth Year of the Reign of our Sove-
reign Lord GEORGE the III. by the Grace of God, of Great-Britain, France
and Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
J. Gray, D. Sec^v.

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 Diffi-
culties, can be seriously considered, and such Measilres 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 Dei lare, That until the tenth Day of AugiLst next, the Tenures of
Lands, in Respect to such Grants as are prior to the Cession thereof, by the defini-
tive Treaty of Peace, signed at Paris the tenth Day of February, One Thousand Seven
Hundred and Sixty-three, and the Rights of Inheritance, as practiced 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 Ordin-
ance 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
invested in His Majesty, his Heirs or Successors, and iia 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 entit-

54 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

uled to take full Possession from that Time of every Estate or Eight 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 hy His Excellency the Honorable JAMES MUERAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending 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 Novem-
ber, Anno, Domini, 1764, and in the Fifth Year of the Reign of our Sove-
reign Lord GEOEGE the III. hy the GVace of God, of Great-Britain, France
and Ireland, KING, Defender of the Faith, &c. &c.

JA: MUEEAY.

By Ord^r of His Excellency in Council,
H: Kneller, D: G: G:

An OEDINANCE, For amending and explaining an Ordinance of His Excellency the
Governor and Council of this Province, made the twentieth Day of September
last. Intituled, An Ordinance for ratifying and confirming the Decrees of the
several Courts of Justice, established in the Districts of Quehec, Montreal and
Trois-Rivieres, prior to the Establishment of Civil Government throughout this
Province, upon the tenth Day of August, One Thousand Seven Hundred and
Sixty-four; and for enlarging the Time for lodging Appeals from the Decrees of
such Courts therein mentioned.

Whereas Doubts may arise respecting the Manner by which Appeals by the said
Ordinance is directed to be brought before His Excellency the Governor and Council
of this Province, or to the King in Council, may be prosecuted according to the true
Intent and Meaning of the said Ordinance, and also as to what Sum, and to whom
the Security therein mentioned, for prosecuting such Appeals, ought to be given ; for
explaining whereof,

His Excellency the Governor, by and with the Advice, Consent and Assistance of
His ^lajcsty's Council of this Province, Doth hereby Ordain and Declare, That if any
Person or Persons shall think himself or themselves aggrieved by any Order, Judg-
ment, or Decree of the Military Council of Quebec, or of any other Courts of Justice
in the said Government, or of those of Montreal or Trois-Rivieres, prior to the Estab-
lishment of Civil Government throughout this Province in August last, where the
Value in Dispute exceeded the Sum of Three Hundred Pounds Sterling; every such
Person or Persons may by Petition appeal to His Excellency the Governor and Council,
and to no other Court of Judicature of this Province whatsoever; provided that
Security be first given by the Appellant to answer such Charges as shall be awarded,
in Case the first Sentence be aifirmed. Provided also. That such appeal be lodged
with the Clerk, or Deputy-Clerk of the Council, within the Space of three Months
from the publishing hereof. And provided always, That if the Matter in Dispute
amounted, to the Sum of Five Hundred Pounds Sterling, or upwards, every Appellant
or Person petitioning as aforesaid (in Case any such Order, Judgment, or Decree of
the said Military Courts shall thereupon be afiirmed, and within fourteen Days there-
after) may in like Manner appeal to His" Majesty in Council, upon giving good and
sufficient Security, effectually to prosecute the same, and answer the Condemnation,
as also to pay such Costs and Damages as shall be awarded, in Case the Sentence of
the Governor, or Commander in Chief for the Time being, and Council be affirmed.

CAXADIAN ARCHIVES 55

SESSIONAL PAPER No. 29b

GIVEN by His Excellency the Honoralle JAMES MURRAY, Esq; Captam-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same. Governor o) the
Town of Quebec, Colonel-Commandant of the Second Battalion of the Royal
American Regiment, &c. &.c. In Council at Quebec, the 12th Day of Novem-
ber, Anno, Domini, 1764, and in the Fifth Year of the Reign of our Sove-
reign Lord GEORGE the III. iy the Grace of Gon, of Great-Britain, France
and Ireland, KING, Defender of the Faith, &c. «S:c.

JA: MURRAY.
By Order of His Excellency in Council,
H : KxELLER, D: G: G:

AN ORDINAjSTCE, For preventing Pei-sons leaving the Province witliout a Pass.

"Whereas Injustise may be done to Creditors by Persons in their Debt privately
leaving the Province; and great Inconveniences may likewise arise, from Soldiers
and Seamen of the Royal Navy being secretly conveyed away : For preventing there-
of, his Excellency the Governor, by and with the Advice, Consent and Assistance of
His Majesty's Council, Doth hereby Ordain and Declare, That all and every Person
or Persons intending to leave this Province, shall put up their Names publickly at
the Secretary's OfBce for the Space of thirty Days before they shall obtain any Pass,
with the Day and Year when they put up their Names : And in Case said Person or
Persons are not, within said thirty Days, underwrote, by any others to whom they
are indebted, then and in such Case, the Secretary, or his Deputy, are hereby required
to grant said Person a Pass, for which he shall receive One Shilling and Two-pence
lawful Money only. And in Case said Secretary, or his Deputy, shall refuse a Pass
to any Person or Persons that have complied with the Rules prescribed by this
Ordinance, he or they shall forfeit the Sum of Fifty Pounds, to be levied by Bill,
Plaint, or Information, in any of His Majesty's Courts of Record in this Province,
and for the Use of the Person grieved: And that the Pass for Persons leaving this
Province, shall be in the following Words:

Province of \ PERMIT to depart this Province ; if by Land, the Road to be

Quebec, J expressed in such Pass, and if by Sea, the Master's Name, and with
that of the Vessel, he or they having complied with an Ordinance of this Province for
that Purpose.

Dated
And it is further Ordained, That whosoever shall underwrite any Person or
Persons, so having their Names set up as aforesaid, shall produce at the Secretary's
Office an Affidavit made before one of His Majesty's Justices of the Peace, which
Affidavit shall remain in the said Office, setting forth the Cause in Writing; if a
Debt, the Sum or Sums of Money that is due, or owing to him or them, to be ascer-
tained as near as they possibly can, and by what Means it doth arrive, whether by Bill,
Bond, Judgment, Promise, Covenant or Accoimt: and when any Person, so setting
up their Names in the Secretary'si Office as aforesaid, shall be underwrote by any
Person aforesaid, that then, and in such Case, the Secretary, or his Deputy, shall take
good and sufficient Security from the Person or Persons so underwritten, for the Sum
or Sums that he or she is underwrote for, which Security shall be in the following
Word«.

KNOW all Men by these Presents, That We and of

in the Province of Quebec, are firmly bound unto in the Sum of <

To the true Payment of ivhich we bind Ourselves, our Heirs and Assigns, firmly
by these Presents. Witness our Hands and Seals, this Day of

56 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

THE Condition of the above Obligation is such, Tliat whereas the above bound
ie underwrote by of aforesaid, for the Sum of — ^ Now if

the said or they, their Heirs or Assigns, will pay, or cause to be paid

to the said the said Sum of or such Sum as shall legally, upon Tryal,

appear to be due to the said then the above Obligation to be void, otherwise to

remain in full Force and Virtue.

For taking of such Bond the Secretary shall receive Three Shillinfjs only.

Provided always, and it is the full Intent and Meaning of this Ordinance, That
the Persons so underwriting, file their Actions in the next Supreme or Inferior Court
of Common-Pleas, after Security be given, for their Debts then due, otherwise, the
same being pleaded, shall be a sufficient Bar to their Action or Actions.

And it is hereby further Ordained, That any Person or Persons that have been
underwrote as aforesaid, upon their giving Security as before directed, are hereby
entitled to receive their Pass, in like Manner as if they had not been underwrote.

And the Secretary, or his Deputy, are hereby impowered to deliver the said Bond,
so taken as aforesaid, to the Person or Persons that underwrote the Person so going
away; and said Bond shall be good and valid against the Security for the Recovery
of such Sum or Sums, as the Person or Persons, to whom the said Bond is delivered,
can make appear upon Tryal, was really due to him by the Person he underwrote,
with the Costs thereon.

And that in Case any Person intending to leave the Province before the thirty
Days are expired, after setting up his or her Name, may obtain their Pass from the
Secretary or his Deputy, by giving sufficient security, and entering into Bond as
aforesaid, that said Security will pay all the Debts said Person going away has con-
tracted in the Province, which Bond shall be good and valid against .such Security.

And that nothing in this Ordinance shall be construed to extend to the restrain-
ing any Military Person or Persons from immediately departing the Province, with
a special Permission under the Hand of the Commander in Chief of the Troops.

And it is also further Ordained and Declared, hy the Authority aforesaid. That if
upon Tryal it shall appear, that the Cause for underwriting any Person or Persons,
setting up their Names in the Secretary's-Office, to depart this Province, be vexatious
and groundless, that then and in such Case, the Person so underwriting, shall be
liable to an Action of Damages to be recovered as aforesaid.

And that no Master of any Ship or Vessel, going from the Province of Quebec,
shall carry away any Person whatsoever, without a Pass .signed by the Secretai-y of
this Province or his Deputy (except the Crew or Seamen brought with him in such
Vessel at his last Arrival) nor shall leave the said Province without Permission in
Writing from His Excellency the Governor, or Commander in Chief for the Time
being of His Majesty's Province; and the Master of any Ship or Vessel so offending,
contraiy to the Tenor of this Ordiu^nce, shall forfeit the Sum of Fifty Pounds, to
the Use of the King, and be liable to pay all Damages, to be recovered hy Bill, Plaint
or Information, in any of His Majesty's Courts of Record in this Province, to be
levied by Sale of the Offender's Goods and Chattels, by Warrant under the Seal of
said Court; and for want of such Goods and Chattels, the Person convicted to be
committed to one of His Majesty's Goals for the Space of Six Months.

And it is hereby further Ordained and Declared, That all Officers, Civil and Mili-
tary, commanding at, or residing near the different Posts upon the Frontiers of this
Province, are strictly enjoined to examine every Person and Persons leaving the same,
and to stop all or any of such who shall not be provided with a Pass as aforesaid.

GIVEN by His Excellency the Ilcnorable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same. Governor of the
Town of Quebec, Colonel-Commandant of the Second Battalion of the Royal

CAy.iDIAy ARCHIYES 57

SESSIONAL PAPER No. 29b

American Regiment, &c. &c. In Council, at Quebec, the 6th Day of Novem-
ber, Anno, Domini, 1764, and in the Fifth Year of the Reign of our Sover-
eign Lord GEORG^E the III. hy the Grace of God, of Great-Britain, France
and Ireland, KIXG, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
H : Kneller, D : G : G:

An ORDIXAXCE, For registering Grants, Conveyances, and other Instruments in
Writing, of or concerning any lands. Tenements or Hereditaments within this
Province.

Whereas His Most Sacred Majesty, by his Royal Instructions to His Excellency
the Governor of this Province, bearing Date at St. James's the Seventh Day of
December, One Thousand Seven Hundred and Sixty-three, has been pleased (amongst
other Things) to order and direct. That all original Grants, Brevits, Concessions, or
other original Title Deeds, made and passed by the French Government of this Prov-
ince, before the signing the Preliminai-y Articles of Peace, on the third Day of
November, One Thousand Seven Hundred and Sixty-two, by which any Person or
Persons whatsoever hold, or claim, or pretend to hold or claim any Lands, Tenements,
or Hereditaments, shall be registered in the proper Office: In Obedience to which,
His said Excellency the Governor, by and with the Advice and Consent of His
Majesty's Council, hath ordained and required, and by the Advice and Consent afore-
said. Doth hereby Ordain and Require, That all and every Person or Persons whatso-
ever, as well corporate as incorporate, or by whatsoever other Name or Names they
are, or may be called or distinguished, by holding, claiming or deriving, or pretend-
ing to hold, claim, or derive any Estate, Right, Title or Interest of, m, or to any
Lands, Tenements, or Hereditaments in this Province, by Virtue of, or under any
Grants, Brevits, Concessions, or other Title Deeds whatsoever, made and passed by the
French Government before the said third Day of November, One Thousand Seven
Hundred and Sixty-two, shall, on or before the Twenty-fourth Day of June next,
produce co, and leave with the Register, or Deputy-Register, of the Office of Inroll-
ments of this Province, all and every such original Grants, Brevits, Concessions, or
other Title Deeds, together with every Plott or Survey of the Boundaries thereof;
which the said Register, or his Deputy, is hereby required to receive, and forthwith
fairly register the same in Words at full Length, in a Book to be kept for that
purpose; and every such Grant, Brevit, Concession, or other Title Deeds, together
with such Plott as aforesaid, shall be registered in the original Language of such
Deed, Grant, Brevit, Concession, or other Conveyance, to the Intent that the particular
Quantity of Land, its Size and Extent, and the Conditions upon which it was granted,
either as to Rent, Services or Cultivation, may appear fully and at large.

And it is hereby Ordained and Required, by the Authority aforesaid. That all
Mesne, or subsequent Deeds or Conveyances of what Nature soever, of or concerning
any Lands, Tenements or Hereditaments in this Province, made and passed since the
said third Day of November, One Thousand Seven Himdred and Sixty-two, shall, on
or before the said Twenty-fourth Day of June next, be produced to, and left with the
said Register, or Deputy-Register, by the Possessor thereof, in Order to their being
registered, and shall accordingly be registered in the said Office, in such Manner as is
herein before directed and required for the registering of Grants, Brevits, Conces-
sions, or other original Title Deeds.

And he it further Ordained and Required, by the Authority aforesaid. That the
due Execution of every such Deed or Conveyance of what Nature soever, which shall
hereafter be made, of or concerning any Lands, Tenements or Hereditaments within

68 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

this Province, shall be proved before the said Register or Deputy-Register, or other
Person qualified for that Purpose, either by personal Acknowledgment of the Grantor,
Vendor, or Mortgagor in such Deed or Conveyance respectively named, or by the
Oath of one or more of the subscribing Witnesses to the same, which Acknowledg-
ment, or Proof of the due Execution of such Deed or Conveyance, shall be indorsed
on the Back thereof, and signed by the said Register or his Deputy, or other Person
thereto authorized as aforesaid, which Indorsement shall be allowed as Evidence of
the due Execution of any Deed or Conveyance, in any of His Majesty's Courts of
Record in this Province: And every Deed or Conveyance, of or concerning any
Lands, Tenements or Hereditaments in this Province, shall, within the Space of forty
Days next after the respective Dates thereof, be registered in the said Office in Words
at Length: And for Want of such Registry, every such Deed or Conveyance shall be
adjudged fraudulent against any subsequent Purchaser for a valuable Consideration.
And he it further Ordained and Declared, hy the Authority aforesaid. That every
Deed and Conveyance hereafter to be made and registered as aforesaid, shall be cer-
tifyed on the Back thereof by the Register, or Deputy-Register, and signed by him,
containing the Year, Month, Day of the Month, and Hour of the Day when such
Deeds or Conveyances were respectively registered, which Certificate shall be admitted
and allowed of as Evidence of the Registry thereof in any Court of Record in this
Province, and every Page of such Registry-Book shall be numbered, and the Year,
Month, Day of the Month, and Hour of the Day when such Deed or Conveyance was
registered, shall be entered in the Margin of the said Book; and the said Register,
or his Deputy, shall keep a double Alphabet of every Registry, and shall duly regi'ster
every Deed in the same Order they respectively come to his Hands.

GIVEN hy His Excellency the Honorahle JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending 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 Qth Day of Novem-
ber, Anno Domini, 1764, and in the Fifth Year of the Reign of our Sover-
eign Lord GEORGE the III. hy the Grace of God, of Great-Britain, France
and Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
H: Kneller, D: G: G:

An ORDINANCE, For ascertaining Damages on protested Bills of Exchange.

His Excellency the Governor, by and with the Advice, Consent and Assistance
•of His Majesty's Council, Doth Ordain and Declare, Atid he it herehy Ordained and
Declared, hy the Authority aforesaid, That from and after the tenth Day of August,
One Thousand Seven Hundred and Sixty-four, all Bills of Exchange, drawn from
■and after the said Time, by Persons residing within this Province upon Persons in
Europe, that may be sent back protested, shall be subject to Twelve per Cent Damages,
and Six per cent per Annum Interest upon the principal Sum furnished here, from
the Day of the Date of the Protest on said Bill, to the Time of Payment.

And that all Bills of Exchange, drawn by Persons residing within this Province
after the said Time, on Persons in the other Colonies, and sent back protested, shall
be Subject to Four per Cent. Damages, and Six per Cent, per Annum Interest upon
the principal Sum furnished here, from the Day of the Date of the Protest, to the
Time of Payment.

CANADIAN ARCHITES 59

SESSIONAL PAPER No. 29b

And that all Bills and Orders, drawn from and after the said Tenth Day of
August, by Persons residing within the Province, on Persons residing or living in
the same, that shall be protested, shall be subject to Six per Cent, pev Annum Interest
from the Date of the Protest, to the Time of Payment.

GIVEN by His Excellency the Honorable JAMES MUKKAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice- Admiral of the same, G'overnor of the
Town of Quebec, Colonel-Commandant of the Second Battalion of the Royal
American Regiment, &c. &c. In Council at Quebec, the 10th Day of Novem-
ber, Anno Domini, 1764, and in the Fifth Year of the Reign of our Sover-
eign Lord GEORGE the III. by the Grace of God, of Great-Britain, France
and Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

l>y. Order of His ExCELLE::fCY in Council,

H: Knellek, D: G: G:

An ORDINANCE, To prevent Forestalling the Market, and Frauds by Butchers, &c.

Whereas Quantities of live Stock, fresh Provisions and other Articles, are daily
brought from the Country by Land and Water into the Towns of Quebec, Montreal
and Trois-Rivieres ; and divers Butchers and other Persons make a Practice of en-
grossing the same immediately upon the Arrival thereof, to the great Prejudice of
the Inhabitants :

His Excellency the Governor, by and with the Advice, Consent and Assistance of
His Majesty's Council, and by Virtue of the Power and Authority to him given by
His Majesty's Letters Patent under the Great Seal of Great-Britain, Hath Ordained
and Declared, and by and with the Advice, Consent and Assistance aforesaid, Doth
hereby Ordain and Declare, That all Kinds of live Stock (Oxen and Sheep excepted)
all dead fresh Provisions, Grain, Hay, Roots or Garden Stuff, which shall be brought
to the said Towns of Quebec, Montreal and Trois-Rivieres, after the Publication here-
of, shall by the Proprietors thereof be brought to the publick Market-place, and there
openly exposed to Sale, at or after the Hour of Six of the Clock in the Forenoon, but
not before that Hour from the First of May to the First of October, and at Eight of
the Clock, and not before, from the First of October to the First of May: And no
such live Stock, or dead fresh Provisions whatsoever, Grain, Hay, Roots or Garden
Stuff shall (duri'ng the Space of Three Hours in the Winter, and Four Hours in
the Summer Season, after being so exposed to Sale in the Market-place) be sold or
contracted for in Gross, or to or with any Person or Persons whatsoever, more than
is reasonably necessary for the Use of his or their Families, on Penalty of the Forfei-
ture of the Article or Articles so sold, bought or contracted for, or the Value thereof,
"upon Conviction by the Oath of One credible Witness, before any Two of His
Majesty's Justices of the Peace, to be levied by Warrant of Distress under the Hands
and Seals of the said Justices, One Half of which Forfeitvires to be to the Use of the
Informer, and the other Half to the Use of the Poor of the Place where such Forfei-
tures shall be incurred.

And be it Ordained by the Authority aforesaid, That for the better Encourage-
ment of the Inhabitants on the South Shore, or other more distant Parts of the
Province, who may bring to the Towns of Quebec, Montreal and Trois-Rivieres, dur-
ing the Season for Navigation, Grain, Hay, live or dead fresh Provisions in Sloops,
Schooners, or other small Craft, for whom it may be inconvenient to land the same,
that they shall have Liberty to dispose of the said Commodities on board their respec-
tive Vessels, provided they give immediate Notice thereof by beat of Drum or ringing
•of Bell throughout the Town of their Arrival, specifying the Nature of the Commodi-

60 DEPARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

ties to be sold, and that they do not bring to sell for One Hour after their Arrival,
or until the said Publication has been made throughout the Town, under a Penalty of
Forty Shillings for the Person offending against the true Meaning and Intent hereof.
Any Person buying or offering to buy a small Quantity, always having the Preference
of him that offers to buy a Cargo; and such Vessel or Vessels shall not be liable to
or be chargeable with any Port Charges whatsoever, or Custom-House Fee; the Offi-
cers of the Custom-House having a Eight nevertheless to search the same.

And that all Prosecutions under this Ordinance, shall be within Ten Days after
the Offence is committed.

And His said Excellency, by and with the Advice, Consent and Assistance afore-
said. Doth hereby further Ordain and Declare, That every Butcher and other Person
who shall kill or slaughter any Ox, Cow, Sheep, Swiine, Calf, Lamb, or other Cattle
for Sale, shall slaughter and flea the same in the most clean and plain Manner, and
shall not on any pretence, raise or blow, or use any fraudulent or deceitful Art to set
off the same; and no Butcher or other Person shall sell, or expose to Sale any Cattle
killed, but what shall be killed and dressed in the most plain Manner, and according
to the Meaning of this Ordinance: And if any Butcher, or other Person, shall offend
in any of the Premises, and be convicted in the said Offence, beforo One Justice of
the Peace of any District, by One Witness, or Confession of the Offender, or on
View by such Justice, he shall forfeit such Ox, Cow, Sheep, Swine, Calf, Lamb,
or other Cattle, or Part thereof, killed or dressed contrary to this Ordinance, to be
disposed of by such Justice among the Poor of the Town where such Offence shall be
committed, or among the Prisoners, and shall further forfeit the Sum of Five Shillings,
to and for the Use of the Informer, to be levied by Warrant of Distress under the
Hand and Seal of such Justice.

And it is further Ordained, hy the Authority aforesaid, That no Butcher, or other
Person, shall sell, or expose to Sale any tainted Flesh or Fish unfit for Sale under the
like Forfeiture and Penalty, to be prosecuted and recovered, and to be disposed of in
Manner aforesaid, unless the said tainted Flesh or Fish be wholly unfit for Food, in
which Case the Justice, before whom such Conviction shall be had, shall cause such
tainted Flesh or Fish to be burnt, or otherwise destroyed.

And that the Clerks of the Markets shall, and are hereby impowered, ex officio,
to seize and take all such Flesh blown, or fraudulently, or deceitfully set off, or Fish
tainted, or unfit for Sale, and to proceed against, and convict such Offenders in
Manner aforesaid, and the Fines arising therefrom shall be to and for their own Use.

GIVEN hy His Excellency the Honorable JAMES MUEEAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories,
thereon depending in America, Y ice- 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 'id Day of Novem-
ber, Anno Domini, 1764, and in the Fifth Year of the Reign of our Sover-
eign Lord GEOEG'E the III. by the Grace of God, of Great-Britain, France
and Ireland, KING, Defender of the Faith, &c. (&c.

JA: MUEEAY.

By Order of His Excellency in Council,
H: KxELLER, D: G: G :

An OEDINAXCE, To prevent Rum and other strong Liquors being sold to the

Indians.

Whereas many Disorders have happened, and may happen, from Eum, Brandy,
Wine, Beer, and other strong Liquors, being sold to the Indians; His Excellency
the Governor, by and with the Advice, Consent and Assistance of His Majesty's

CANADIAN ARCHIVES 61

SESSIONAL PAPER No. 29b

Council, Doth Declare and Ordain, And it is herehy Declared and Ordained, by the
Authority aforesaid. That from and after the Publication hereof, any Person or
Persons whatsoever, inhabiting or trading into this Province, who shall carry any
strong Liquors whatsoever to any Indian Village, or shall vend or dispose of the same
to any Indian or Indians whatsoever, such Person or Persons shall forfeit for every
such OflFence, the Sum of Twenty Pounds, current Money of this Province, one Half
whereof shall be for the Use of His Majesty's Government, the other Half to him,
her, or them who shall inform, to be recovered by Distress and Sale of the Goods of
the Offender or Offenders, on the Oath of one credible Witness, before any one of His
Majesty's Justices of the Peace for the said Province.

Provided always, and it is herehy Declared and Ordained, by the Authority afore-
said. That it shall and may be lawful for any Person or Persons (having Licence to
retnil Liquors), to sell or vend to any Indian or Indians, any Quantity of Rum, or
other spirituous Liquors, not exceeding half a Pint in one Day for every such Indian,
■on his, her, or their producing a Permit for that Purpose, signed by the Curate or
Priest of the Parish where he, she, or they respectively reside, or more than an equal
Proportion of other strong Liquors, as shall be particularly expressed in the said
Permit.

GIVEN hy His Excellency the Honorable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories,
thereon depending 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 10th Day of Novem-
ber, Anno Domini, 1764, and in the Fifth Year of the Reign of our Sover-
eign Lord GEORGE the III. by the Grace of God, of Great-Britain, France
and Ireland, KING, Defender of the Faith, i&c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
H : Kneller, D: G: G:

An ORDINANCE, To prevent disorderly riding Horses, and driving Carts, Truclcs,
Sleds, Slays, or any other Carriage whatsoever, within the Towns of this Province,
and for regulating the Rates of Horses and Carriages, for Travellers within said
Province.

In Order to prevent Inconveniences and Mischiefs which might arise from the
negligent and disorderly riding Horses, and driving Carts, Trucks and Sleds, for
Carriage of Burthen, or any other Carriage whatsoever within the Towns or Suburbs
of Quebec, Montreal and Trois-Rivieres; His Excellency the Governor, by and with
the Advice, Consent and Assistance of His Majesty's Council, and by Virtue of the
Power and Authority to him given, by His Majesty's Letters Patent under the Great
Seal of Great-Britain, Hath thought fit to Ordain and Declare, That from and after
the Publication hereof, no Person or Persons shall, on any Pretence whatsoever,
gallop or ride at full Speed on Horseback, or having the Charge of drawing any Horse
or Horses in any Cart, Truck or Sled, shall ride upon such Horse or Horses, or remain
placed in or upon any Part of such Cart, Truck or Sled, within any of the Streets
or High-ways of the said Towns ; and that no such DriVer or Drivers shall omit,
during such Time, to lead the Shaft or Thill-horse by an Halter, not exceeding four
Feet in Length, or shall drive any such Horse or Horses faster than a Footpace, upon
Penalty of Ten Shillings for every such Offence, to be paid upon Conviction by the
Testimony of one credible Witness, before any one of His Majesty's Justices of the
Peace, within Twenty-four Hours after such Offence shall be committed: And in

62 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Case of any such Offenders Refusal to pay the same, said Offender shall be put to
hard labour for the Space of Four Days, in repairing the High-ways, under the Direc-
tion of the Surveyor or Surveyors of the High-ways, or any of them : And in Case of
Refusal or Neglect to perform such Labour, any Justice of the Peace is hereby author-
ized, upon Complaint of the said Surveyor or Surveyors, or any of them, to cause
such Offender to be committed to Prison until proceeded against before the Two
Sitting Justices of the Peace for the Time being.

And that every Owner or Proprietor of any Sled or Slay, used either for the
Carriage of Goods or Persons, shall cause at least Six Horse Bells to be affixed to the
Horse Harness, or the said Sled or Slay, and shall not drive the same, or any other
Carriage whatsoever, in a disorderly Manner, upon Penalty of Twenty Shillings for
every such Omission or Offence, upon Conviction on the Oath of one credible Wit-
ness, before any one of His Majesty's Justices of the Peace, within Twenty-four
Hours after such Offence shall be committed; and in Case of Refusal or Neglect to
pay, the same to be levied on the Goods or Chattels of such Offender by Warrant of
Distress and Sale, under the Hand and Seal of said Justice.

All Fines and Penalties, incurred by the aforesaid Offences, to be paid into the
Hands of the Surveyors of the High-ways for the Time being, to be by them applyed
towards the repairing and mending of the same.

And to prevent Fraudes by the Drivers of Carts, Sleds, Slays or other Carriages
employed by the Inhabitants, for transx>orting Goods and Effects from Place to
Place in the said Towns, It is hereby Ordained, by the Authority aforesaid. That no
Driver or Drivers shall presume to exercise the Trade or Occupation of a Carter,
within the Towns or Suburbs of Quebec, Montreal or Trois-Bivieres, after the first
Day of December next, without first obtaining from the two sitting Justices of the
Peace for the Time being, an order to the Clerk of the Market to enregister him as a
Carter, and a Certificate under his Hand, specifying the Number of his Cart or Car-
riage, and Time of his being registered as such, and said Number shall be painted on
or affixed by a Ticket to his Cart or Carriage: And the said Clerk of the Market is
hereby impowered, in Consequence of such Order, to grant such Certificate upon due
Application, and to keep a Book, wherein he is to insert the Carter's Name, and
Time of Entry, and the Number he is to carry on his Cart or Carriage, to the End
that the Person or Persons injured may the. more easily obtain Redress, for which
Certificate, and Entry in said Register, he is only to take One Shilling for his
Trouble.

And in Order to prevent Impositions by the Owners or Drivers of Trucks, Carts
and other Carriages, also Passage Boats or Canoes, for transporting Goods, Wares
and Merchandize in the Towns and Suburbs of Quebec, Montreal and Trois-Bivieres,
or passing therewith in Boats or Canoes in the Neighbourhood of the said Towns,
and for the better regulating the Fares and Rates of the same:

His Excellency hath thought fit, by and with the Advice, Consent and Assistance
aforesaid, To Ordain and Bequire, That the Justices in their General-Sessions of the
Peace, held for the respective Districts of Quebec and Montreal, shall twice in every
Year, in the Month of March and in the Month of September, regulate the Fares and
Rates for the Carriage of Wood, Barrels, Hogsheads and other Wares and Mer-
chandize, in the Towns of Quebec, Montreal and Trois-Bivieres, and their Suburbs,
or of passage Boats or Canoes, for transporting the same in the Neighbourhood of
said Towns, Consideration being had to the Price of Hay, Provinder for Cattle, and
Price of Day-labourers, and shall cause a Table of the several Rates agreed upon
by them at their Session to be printed, and posted up in the most publick Places in
and about the said Towns of Quebec, Montreal and Trois-Bivieres.

And if any Car-man, or Owner of any Trucks or Carts, or any other Carriage,
shall ask, demand or receive from any Person, any other or greater Rates or Fares
than is allowed and presented by the Table aforesaid, he or they shall forfeit and pay

CANADIAN ARCHIVES 63

SESSIONAL PAPER No. 29b

the Sum of Twenty Shillings, to be recovered on the Oath of the Prosecutor, before
any one of His Majesty's Justices of the Peace for the District, and to be levied by
Warrant of Distress; One Half to be paid to the Prosecutor, the other Half to be
applied to and for the mending of the Streets of the Towti where the Offence is com-
mitted.

And he it further Ordained and Declared, hy the Authority aforesaid. That from
and after the Publication hereof, no Person or Persons keeping Horses or Carriages
for the Accommodation of Travellers, shall exact or demand more than the Sum of
Fourteen Pence per League for the Hire of any such Carriage, whether the same
shall carry one or two Persons.

And shall not exact or demand more than the Sum of Six Pence per League for
tlie Hire of any Saddle-Horse, to any Person or Persons whatever.

GIVEN hy His Excellency the Honorable JAMES MUKRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice-Admiral of the same, Governor of the
Toivn of Quebec, Colonel-Commandant of the Second Battalion of the Royal
American Regiment, &c. &c. In Council, at Quebec, the 6th Day of Novem-
ber, Anno Domini, 1764, and the Fifth Year of the Reign of our Sovereign
Lord GEORGE the III. by the Grace of God, of Great-Britain, France and
Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
H : Kneller, D: G: G;

An ORDINANCE, To prevent the Goods and Effects of Persons absenting themselves
from, or residing out of this Province, in the Possession of any Merchant, Factor,
Agent, Attorney or Trustee, from being taJcen away, delivered up, transferred or
removed, till the Debts due and owing hy such Absentees or Persons residing out of
this Province, to any Person or Persons residing within the same, be first paid,
or secured to be paid, and for malcing the same liable to the Payment of all just
and real Debts due to any Person or Persons in this Province; and also for malcing
the Real and Personal Estates of any Merchant, or Person using the Trade of
Merchandise, by Way of Bargaining, Exchanging, Rechanging, Bartry, Chevi-
sance, or otherwise in Gross or by Retail, or seeking his Trade of living by buy-
ing and selling in this Province, liable to the Payment of their Debts, rateahly
and proportionahly amongst their Creditors, notwithstanding private security
given to any particular Person to the Contrary.

BE it therefore Ordained and Declared, by His Excellency the Governor of this
Province, by and with the Advice, Consent and Assistance of His Majesty's Council,
and by the Authority of the same. It is hereby Ordained and Declared, That all and
every the Monies, Goods, Rights or Credits whatsoever, now, or hereafter in the Posses-
sion or Power of any Person or Persons in this Province, or Merchant, Factor, Agent
or Attorney, in Trust, or for the Use of any Absentee or Absentees, or Persons residing
out of this Province, and who have not Bona fide accounted for the same, are and
shall be subject and liable in the Hands of such Merchant, Factor, Agent, Attorney
or Trustee, for the Payment of all just and real Debts of any Creditor or Creditors
in this Province of such Absentee or Person residing out of the same; and such
Creditor or Creditors shall, and may take and use such Remedies for the Recovery
thereof, or the Value thereof, as is herein after directed and prescribed: And if any
such Merchant, Factor, Agent, Attorney or Trustee, from and after the Publication

64 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

of this Ordinance, shall by Collusion, sell, paj', deliver, transfer, change, alter or
remove any Monies, Goods, Rights or Credits, in his or their Possession or Power,
of or belonging to any Absentee or Absentees, or Person residing out of this
Province, without paying, or securing to be paid in !^^anner as is herein after directed,
all the just and real Debts of such Absentee or Persons residing out of this Pro-
vince, due to any Person or Persons within the same, oveiy such Sale, Payment,
Delivery-up, Change, Transfer, Alteration or Removal, shall be adjudged, deemed
and taken, and is hereby declared to be fraudulent as to such Creditor or Creditors,
and every such Merchant, Factor, Agent, Attorney or Trustee so selling, paying,
delivering up, transferring, changing, altering or removing such Monies, Goods,
Rights or Credits, contrary to the true Intent and Meaning of this Ordinance, shall,
notwithstanding the same, be, and are hereby declared to be subject and liable to
repay the same, or the Value thereof, out of his, their or any of their own proper
Goods, Chattels or Estate, and the Creditor or Creditors of such Absentee or Absen-
tees or Person residing out of this Province, shall and may have and use such or the
like Remedy for the Recovery thereof, or the Value thereof, as is herein after directed
to be used against any Merchant, Factor, Agent, Attorney or Trustee, having Monies,
Goods or Effects of any Absentee or Person residing out of this Province in his
Hands or Possession, any Law, Usage, or Custom to the Contrary notwithstanding.

And he it further Ordained and Declared, by the Authority aforesaid. That when
and as often as Occasion shall require, it shall and may be lawful for any Creditor
or Creditors in this Province, for any just and real Debts, due from any Absentee or
A.bsentees, or Person residing out of the same, to bring an Action or suit against such
Absentee or Person residing out of this Province, in Order to receive Satisfaction for
the same, out of and from the Monies, Goods, Rights and Credits, or real Estate of
any such Absentee or Person residing out of this Province, in the Hands, Pos-
session or Power of any Merchant, Factor, Agent, Attorney or Trustee, for such
Absentee or Person residing out of this Province: But before any Writ shall there-
upon issue, the Plaintiff in such Action shall make and file an Affidavit in Writing,
before any Judge of the Court before whom such Suit shall be brought, that the
Defendant in such Suit is justly and really indebted to the Plaintiff in the Sum of

£ of the Ciirrency of this Province for the Time being, which sum must exceed the

Sum of Ten Pounds said Currency, setting forth how and by what Means such Debt
accrued, and that he hath not received any Part thereof, and that the same, and
every Part thereof, is justly due and owing to the Plaintiff; and the Plaintiff, in such
Action, shall in like Manner, at the same Time, make and file an Affidavit in Writ-
ing, either that he knows, or hath good Reason to believe that there is of the
Monies, Credits and Effects, or real Estate of such absent Defendant, in the Hands,
Possession or Power of to the Amount of Ten Pounds or upwards, like Cur-
rency, at the Time of making such Affidavit, remaining in the Hands of the said —

undisposed of, of the proper Monies, Credits and Effects of the said Defendant;

upon the making and filing which Affidavits, a Writ or Process shall issue against
the Defendant, and upon the Provost-lMarshal's of this Province, or other Officer's,
Return thereto a Non est inventus (or not to be found) the Plaintiff's Attorney shall,
immediately after the Return of such Writ, file a Declaration against the Defendant
or Defendants, leaving with the Attorney of such absent Defendant (if he hath left,
or hath an Attorney) a Copy of such Declaration, or if he hath not left, or hath no
Attorney, then the Plaintiff's Attorney, leaving a Copy of the said Declaration at
the House where the said absent Defendant did last reside ; but if the said absent De-
fendant never had any House or Place of Residence in this Province, then leaving a
Copy of the said Declaration with the Person or Persons in whose Hand®, Posses-sion
or Power, any Goods or Effects of such absent Defendant shall be sworn to be in,
and if upon the Return of such Writ and filing an Affidavit of such Service of the
said Declaration, the said Defendant or Defendants shall not then appear. Judgment

CANADIAN ARCHIYES 65

SESSIONAL PAPER No. 29b

shall be entered by Default against him, and in Lieu of a Writ of Inquiry of Dam-
ages, the Plaintiff shall and may give such Evidence in Proof of his Debt, as he
shall be able, to the Jury returned to serve at such Court, who shall thereupon be
empanneled and sworn, and shall accordingly assess the Damages at the Bar.

And he it further Ordained, by the Authority aforesaid. That when any Writ shall
issue against such absent Defendant or Defendants as aforesaid, the Plaintiff shall at
the -same Time sue out a Writ of Summons under the Seal of the said Court, directed
to the Provost-Marshal of this Province, and returnable at the same Time that
the Writ against such Defendant is returnable, to make known to the Person or Per-
sons in whose Hands it shall appear, by the Oath of the Plaintiff, any Monies, Goods
or Effects, or real Estate of such absent Defendant or Defendants, is, or are to be,
and appear on the Return of such Writ of Summons before the Justice or Justices of
the respective Court, out of which such Writ of Summons shall issue, then and there
to discover and render a just and true Account, in Writing, upon Oath, to be filed
with the Clerk or other Officer of such Court, two Days after the Return of -such
Writ of Summons, of all Monies, Goods or Effects, or real Estates, of or belong-
ing to such absent Defendant or Defendants, in the Hands, Possession or Power of
such Garnishee or Garnishees, or in Trust for him or them, or in Trust for such
absent Defendant or Defendants, or show Cause to the Contrary, on which Day of
Return of such Writ of Summons, and filing with the Clerk or proper Officer such
just and true Account in Writing, upon Oath, as aforesaid, if the said Garnishee or
Garnishees shall not appear, and discover upon Oath, and file such just and true
Account, or show Cause to the Contrary as aforesaid, the respective Courts shall and
may upon such Default give Judgment, and award Execution for such Debt, so as
aforesaid found by the Jury against -such absent Defendant or Defendants, with Costs,
to be levied of the proper Goods, Chattels or Estate, of such Garnishee or Garnishees
80 making Default as aforesaid; but if any Garnishee or Garnishees shall appear at
the Returns of such Writ of Summons, and shall then and there either admit by
Confession or otherwise, that he hath sufficient of the Monies, Goods, Rights and
Credits, or real Estate of such absent Defendant or Defendants in his Hands or Pos-
session, to pay and satisfy the said Judgment, or shall then and there discover and
render an honest, just and true Account, in Writing, upon Oath, of all Monies,
Goods or Effects, and real Estate of or belonging to such absent Defendant or De-
fendants, and that he hath not thereof in his Hands, Possession or Power, beyond
such a Value, to satisfy the said Judgment, and the Plaintiff shall be satisfied with
such Account, or otherwise shall not be able to disapprove the same by giving Proof
in Evidence to the Contrary, which the Plaintiff in such Suit shall at all Times be
at Liberty to do, then Judigment shall be given for so much as is certified or sworn
to by such Garnishee or Garnishees, and not otherwise disapproved by the Plaintiff
as aforesaid, and Execution shall thereupon issue, without Costs to be levied of the
Goods, Chattels, Rights, Credits and real Estate of the absent Defendant or De-
fendants, in the Hands, Possession or Power of such Garnishee or Garnishees, to be
by him or them shewn to the Provost-Marshal of this Province, his Deputy or De-
puties, or other Officer to whom such Writ of Execution shall be directed (which
Writ of Execution shall be made returnable on the next Return-day from the Test
or Time of issuing thereof) and for Want of Goods, Chattels, Rights, Credits and
Estate as aforesaid, of such absent Defendant or Defendants, to be by such Garnishee
or Garnishees shewn as aforesaid, and upon the Return of such Writ of Execution
accordingly, the Plaintiff in such Suit shall and may take out another Writ of Exe-
cution, returnable as aforesaid, to levy the Value of the Judgment against such Gar-
nishee or Garnishees as aforesaid, with Costs, of the proper Goods, Chattels and
real Estate of such Garnishee or Garnishees, and for Want thereof the Provost-
Marshall of this Province, or his Deputy or Deputies, or other Officer to whom such
Writ of Execution shall be directed, shall take the Body or Bodies of such Garnishee
.. 29b— 5

66 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

or Garnishees, and commit to Prison, there to remain till the said Judgment, with
Costs, be satisfied, or until such Garnishee or Garnishees be discharged by due Course
and Order of Law.

Provided^ That the Plaintiff, so prosecuting, do and shall give good and 'Sufficient
Security to His Majesty, in double the Value of the Judgment, before any Writ of
Execution shall issue, before the Justice or Justices of each respective Court, to and
for the Use of such absent Defendant or Defendants conditioned to make Restitution
of the Goods, Chattels, Credits or real Estate of such absent Defendant or Defen-
dants, or of such Garnishee or Garnishees as aforesaid, or the Value thereof, or such
Part thereof as the absent Defendant or Defendants, so as aforesaid prosecuted, shall
at any Time within one Year and a Day, to be computed from the Time of enter-
ing Judgment against such absent Defendant or Defendants, come in, either in Per-
son or by Attorney, and appear to the said original Action, and shall move to have
the Judgment, by Default as aforesaid, set aside, which the said Court is hereby
required to do, and shall plead thereto an issuable Plea, and upon Trial shall m-ake it
appear, that the said Plaintiff, before the Commencement of the said Action, hath
been, and is satisfied and paid the Debt in the said Judgment mentioned, or some
Part thereof, which Judgment and Execution of the Goods, Chattels, Credits or
real Estate of such absent Defendant or Defendants, in the Hands of such Garnishee
or Garnishees as aforesaid, had and made, shall be sufficient and pleadable in Bar.
by such Garnishee or Garnishees in any Action to be brought against him, by such
absent Defendant or Defendants for the same.

And whereas, by an Act of Parliament made in Great-Britain, in the fifth Year
of the Eeign of his late Majesty King George the Second, it is, amongst other
Things, 'Enacted, That, " The Houses, Lands, Negroes, and other real Estates
" within any of His Majesty's Plantations belonging,- to any Person indebted shall
"be liable to all just Debts and Demands, and shall be Assetts, in like Manner as
" real Estates are by the Law of England, and liable to the Satisfaction of Debts
" due by Bond, and shall be subject to the like Remedies, in any Court of Law or
" Equity in the Plantations as personal Estates."

And whereas several of His Majesty's trading Subjects in this Province, herein
before particularly mentioned and described, have lately been prevailed upon to giVe
Bonds, or other Securities, and to sign Warrants of Attorney to confess Judgment
thereon, to the great Impoverishment, Loss and Damage of their other fair and just
Creditors : Eor Remedy whereof, and to prevent the like Evil for the Future, and to
render the said Act of Parliament more effectual and beneficial for the Inhabitants
of this Province, Be it further Ordained and Declared, hy the Authority aforesaid.
That all such Bonds and Warrants of Attorney, which may hereafter happen to h&
given, shall be deemed and taken to be fraudulent both in Law and Equity.

And he it further Ordained and Declared, hy the Authority aforesaid. That
where any of His Majesty's trading Subjects in this Province, herein also before
particularly mentioned and described, are or shall be indebted to others, the real and
personal Estate of such Debtor or Debtors, is, and shall, and is hereby declared to be
subject and liable to the Payment of his or their Creditors, rateably and in Proportion
to the Demands of such Creditor or Creditors, so as every one may have and take
thereof, in such Parts and Shares as may be in Proportion to the respective just
Debts and Demands of such Creditors, Bond, Warrant of Attorney, or other Securi-
ties whatever given to the Contrary hereof, in anywise notwithstanding.

GIVEN hy His Excellency the Honorahle JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same, Governor of the
Town of Quebec, Colonel-Commandant of the Second Battalion of the Boyal
; '■ American Regiment, &c. &c. In Council, at Quebec, the 9th Day of March,

CA^'ADIAN ARCHIVES 67'

SESSIONAL PAPER No. 29b

Anno Domini, 1765, and in the Fifth Year of the Reign of our Sovereign
Lord GEOKGE the III. hy the Grace of God, of Great-Britain, France and
Ireland, 'KING, Defender of the Faith, &c. &c.

JA: MURRAY
By Order of His Excellency in Council,
H. KxELLER, D: G: G:

An ORDINANCE, Directing that all Grand and Petty-Juries, hereafter to he sum-
moned to serve at any Court of Record, Court of Assize and General G<oal-
Delivery in this Province, shall he summoned and returned from the Body of the
Province at large, without Distinction or Regard to the Vicinage of any particular
District within the same.

Whereas, at a Council held by His Excellency the Governor of this Province,
at the City of Montreal, on the Third Day of January last, it was, amongst other
Things, Resolved, That it was not necessary to hold a Court of Assize in the City of
Montreal, as the Court of King's-Bench, to be held in the Capital, would be sufficient
to answer every Purpose. And whereas several Crimes and Offences have lately beeis
committed in the Gifty of Montreal, and the Offenders charged therewith, as well as
most of the Witnesses to prove the same, are now residing and dwelling in the City
of Quehec: And whereas several Persons stand bound by Recognizances to appear
and answer, and others to appear and prosecute, and give Evidence against the several
Persons so charged, at the next Court of Assize and General Goal-Delivery, to be-
held at the said City of Montreal : In Order therefore to avoid the great and unneces-
sary Expence to thiis Province, which must unavoidably happen, as well as the great
Delay of Justice, by hringing Jurors from the District of Montreal to Queljec, for
trying the said Offenders, or by removing the several Persons charged with the said
Crimes, and the Witnesses to prove the same, from the City of Quehec to Montreal
aforesaid. It has been Resolved by His Excellency the Governor in Council ,That a
Commission, for a Court of Assize and of Oyer and Terminer and General Goal-
Delivery, do forthwith issue, directed to the Honorable William Gregory, Chief-Jus-
tice of this Province, for the hearing and determining, at the City of Quehec afore-
said, all Causes of Nisi prius. Treasons, Felonies, Crimes and Misdeameanours what-
soever, done or committed in this Province, as well out of Districts as within, and
the Goals in the same Province, of the Prisoners therein being to deliver: In Order-
therefore to avoid any Doubt or Objection that may hereafter arise or be made, touch-
mg any proper Venue or Vicinage of Juries hereafter to be summoned and returned-

Be it Ordained hy His Excellency the Governor of this Province, hy and with the
Advice, Consent and Assistance of His Majesty's Council, and hy the Authority of the'
same. It is herehy Ordained and Declared, That all Precepts for the summoning and
returning of Grand-Juries ; and all Writs of Venire facias, hereafter to be issued out
of any Court of Record in this Province, shall, for the future, in all Cases whatsoever..
be for the summoning and returning of Juries from the Body of this Province ar
large, as well out of Districts as within; and all Juries, so summoned and returned.,
and who are otherwise by any Ordinance of His Excellency the Governor and Council
of this Province declared to be qualified to serve on Juries, are hereby declared to be
lawfully summoned and returned, and shall serve accordingly, one Law, Usage or
Custom to the Contrary notwithstanding.

And he it further Ordained and Declared, hy the Authority aforesaid. That all
and every Person or Persons whatsoever, who now stand bound by Recognizance tcs
appear and answer, or to appear and prosecute, or give Evidence, at the next Court of
Assize, Oyer and Terminer and General Goal-Delivery, or Court of Oyer and Terminer
and General Goal-Delivery, to be held at Montreal, or at the City of Montreal, shall,

29b— 5i

63 DEPARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

in any such Case, instead of appearing at the Court of General Goal-Delivery at
Montreal, be, and are hereby respectively obliged to appear and answer, or to appear
and prosecute, or give Evidence at the next Court of Assize and of Oyer and Terminer
and General Goal-Delivery, to be held at the said City of Quebec, in and for the
Province aforesaid, any Sentence, Clause, Matter or Thing in the Conditions of such
Recognizances, or any of them contained to the Contrary, or seemingly to the Con-
trary thereof, in anywise notwithstanding; and all and every Person or Persons so
bound, failing, neglecting or refusing to appear accordingly, at such Time and Place
as is hereby directed, shall to all Intents and Purposes whatsoever incur a Forfeiture
of such Recognizances respectively, and the Judge of the said Court of Assize and of
Oyer and Terminer and General Goal-Delivery, so to be held at the said City of
Quebec as aforesaid, shall and may estrate the same accordingly, for His Majesty's
Use.

And be it further Ordained and Declared, by tJie Authority aforesaid. That the
Publication of this Ordinance, shall be by Beat of Drum in the City of Quebec or
Montreal, any other Ordinance to the Contrary notwithstanding.

GIVEN by His Excellency the Honorable JAMES IMURRAY, Esq; Captain-
General and (Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same. Governor of the
Town of Quebec. Colonel-Commandant of the Secoiod Battalion of the Royal
American Regiment, &c. &c. In Council, at Quebec, the 9th Day of March,
Anno Domini, 176.5, ajid in the Fifth Year of the Reign of our Sovereign
Lord GEORGE the III. by the Grace of God, of Great-Britain, France and
Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellexcy in Council,
H. EjfELLER, D : G: G:

An ORDINANCE, For preventing Fisher-Men, or other Persons, from throwing
over Board the Offals of Fish on the Fishing-Grounds, &c. in this Province.

WHEREAS a Practice, for some Time, has been carried on by Fisher-Men
and others, fishing on the Banks and other Places in this Province, of throwing the
Offals of the Fish on the said Fishing-Banks and other Places, to the great Pre-
judice of the Fishery, carried on in Shallops and other Vessels by the Inhabitants of
this Province, which, if not timely remedied, may not only prove the Ruin of many
poor Families employed therein, but also highly prejudicial to the Trade of the
Province in general.

For Remedy whereof. Be it Ordained by His Excellency the Governor, by and with
the Advice, Consent and Assistance of His Majesty's Council of this Province, and by
the Authority of the same. It is hereby Ordained and Declared, That from and after
the Publication of this Ordinance, if any Guts or Offals of Fish shall be thrown over
Board out of any Schooner or other fishing Vessel on the fishing Banks or fishing
Grounds, or into any of the Bays or Harbours, within the Distance of two Leagues
off the Shores or Islands within this Province, where such Fishery is carried on, the
Master, Skipper, or other Person, having the Charge of such Schooner, or other
fishing Vessel as aforesaid, shall, upon Proof thereof as aforesaid, before any one of
His Majesty's Justices of the Peace, on the Oath of one or more credible Witness or
Witnesses, or on the View of such Justice, forfeit and pay the Sum of Five Pounds
of current Money of the said Province, and upon the Refusal of such Master, Skip-
per, or other Person, having the Charge of such fishing Vessel, to pay the same,
the said Justice shall immediately issue a Warrant under his Hand and Seal, directed

CANADIAN ARC HIT ES 69i

SESSIONAL PAPER No. 29b

to any Constable for seizing so mucli of the Cargo of Fish or Salt of such fishing-
Vessel, or for Want thereof, then of so much of the Tackle, Furniture or Apparel
of such Schooner or fishing Vessel, as shall be of, or nearly the Value of the said
Sum of Five Pounds for the first Offence, and Ten Pounds for every other Offence,
one Moiety whereof shall be to the Use of His Majesty, for the Support of His
Government, and the other Moiety to the Informer.

GIVEN hy His Excellency the Honouralle JAMES MUREAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories^
thereon depending 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 1st Day of May, Anno
Domini, 1764, and hi the Fifth Year of the Reign of our Sovereign Lord
GEORGE the III. hy the Grace of God, of Great-Britain, France and
Ireland, KING, Defender of the Faith, &c. &c.

JA: MUEEAY.
By Order of His Excellency in Council,
H: Kkeller, Z>: G:G:

An OEDINAlSrCE, In Addition to an Ordinance, published the fourth Day of
October last, "For regulating and establishing the Currency of this Province."

WHEREAS no Provision is made by the said Ordinance, for preventing Per-
sons being affected thereby, to whom Sums of Money were due and owing by Book-
debts, Agreements or Securities, for Money before the first Day of January last.

Be it therefore Ordained and Declared, hy His Excellency the Governor, hy and
with the Advice, Consent and Assistance of His Majesty's Council of this Province, and
hy the Authority of the same, It is herehy Ordained and Declared, That all Merchants
Accounts, for Goods and Merchandises, or other Things whatsoever, sold and deli-
vered. Agreements, Bills, Promisary Notes, Bonds, Mortgages, or other Securities
for Money, Leases, and all Interest and Eents, thereby respectively referred and
made payable, commencing, made, and entered into in this Province, before the
said first Day of January last, shall respectively be paid, satisfied and discharged, ia
the Species and Denominations of Money, in the said Ordinance mentioned, as shall he
in Value and Proportion to the Species or Denomination of Money of such respective
outstanding Dehts, Dues and Demands aforesaid, any Thing in the said Ordinance con-
tained to the Contrary thereof in anywise notwithstanding.

And he it further Declared and Ordained, hy the Authority aforesaid. That all
original Entries in Books of Accompts, and all Accompts whatsoever, for Goods and
Merchandises, or other Things, sold and delivered. Agreements, Bills (Bills of Ex-
change only excepted) Promisary Notes, Bonds, Mortgages, and other Securities for
Money, Leases, and all Interest and Eents, thereby reserved, to be kept, made, and
entered into in this Province, after the first Day of July next, shall be kept, made,
arid entered into, for and in the different Rates and Value of the Currency of this
Province, established by the said Ordinance, and in no other Currency whatsoever:
And all and every original Entries, Accounts, Agreements, Bills (Bills of Exchange
only excepted as aforesaid) Promisary Notes, Bonds, Mortgages, and other Securities
for Money, Leases, and all Interest and Eents thereby reserved, kept, made, and
entered into, after the said first Day of July next, in any other Currency than the
said Currency, by the said Ordinance established, contrary to the true Meaning hereof,
and of the said Ordinance, shall not he admitted as Evidence in any Court of Law or
Equity in this Province; but shall be deemed, adjudged, and taken, and are hereby
respectively declared to be null and void, to all Intents and Purposes whatsoever.

70 DEFARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

And he it further Ordained and Declared, hy the Authority aforesaid. That
Eighteen British Copper Half-pence, or Thirty-six British Copper Farthings, shall,
after the said first Day of July next, be equal to One Shilling of the Currency by the
said Ordinance established, and shall accordingly be received and taken in all Pay-
ments, any Thing in the said Ordinance contained to the Contrary thereof, in any-
wise notwithstanding.

GIVEN hy His Excellency the Honourable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending 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 15th Day of May,
Anno Domini, 1765, and in the Fifth Year of the Reign of our Sovereign Lord
GEORGE the III, hy the Grace of God, of Great-Britain, France and
Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,

H: Kneller, 2): (?:G: |

An ORDIN'ANCE, Relating to Soldiers and Seamen, and for preventing Desertion
and Imprisonment of their Persons for Debt, or Pretence thereof, and for liberat-
ing Soldiers now in Prison for Debt.

Whereas it is of great Hurt to His Majesty's Service, that Soldiers, quartered
in this Province, should be arrested and restrained in Prison for Debt, or Pretence
thereof; and moreover great Loss and Damage is frequently occasioned to Trade and
Navigation, by Seamen deserting their Employ or Voyage they are entered upon, or
being taken off from the same, by Arrest and Restraint of their Persons in Prison
for Debt, or Pretence thereof; for preventing whereof, ,

Be it Ordained and Declared, hy His Excellency the Governor, by and with the
Advice, Consent and Assistance of His Majesty's Council, and by the Authority of the
same. It is hereby Ordained and Declared, That if any Inn-keeper, Victualler, Seller
of Wine, or strong Liquors, Shop-keeper or any other Person whatsoever, shall trust,
or give Credit to any Soldier quartered in this Province, or to any Marine, Mariner
or Seaman, belonging to any of His Majesty's Ships or Vessels of War, or employed
in his Service, or to any Mariner or Seaman, belonging to any Merchant Ship or
other Vessel, without the Knowledge and Allowance of the Commanding Officer of
ihe Regiment, or Captain of the Company to which such Soldier belongs, or without
the Ivnowledge and Allowance of the Captain, Commander, or Master of such Ship
■x>r Vessel respectively: No Writ or Process whatsoever, for any Debt so contracted,
•without Knowledge and Allowance as aforesaid, shall be granted or issue against, or
.be served on such Soldier, Marine, Seaman or Mariner: And every Writ or Process,
granted and served, contrary to this Ordinance, shall be deemed and adjudged, and
£s hereby declared to be null and void to all Intents and Purposes whatsoever.

And if any Soldier, Marine, Mariner, or Seaman, shall be arrested contrary to
Itliis Ordinance, it shall be lawful for any one of His Majesty's Justices of the Peace,
of the District where such Soldier, Marine, Mariner or Seaman shall be arrested,
upon Complaint by the Party, or his Superior Officer, to examine into the same, by
the Oath of the Parties or otherwise, and by Warrant under his Hand and Seal,
■directed to the Provost-Marshal of this Province, to discharge such Soldier, Mariner
or Seaman, without Fee, upon Proof before him, that such Soldier, Marine, Mariner
•or Seanaan was lifted, or engaged, and arrested contrary to this Ordinance, and also

CAXADIAK ARCHIVES /I

SEaeiONAL PAPER No. 29b

to award to the Party complaining, such Costs as he shall think reasonable, to be
levied by Warrant under the Hand and Seal of such Justice.

And he it further Ordained and Declared, That if any Person shall buy, or receive
as a Pledge, or Exchange, any Soldiers Cloaths, Arms or Accoutrements, or any
Slop-cloaths from any Seaman or Marine belonging to any of His Majesty's Ships or
Vessels of War, upon Conviction thereof, or Concession, or by the Oath of one
credible Witness; or if such Cloaths, Arms or Accoutrements, shall be found in the
Possession of any Person, upon Complaint that they were bought from, pledged or
exchanged by such Soldier, Seaman or Marine, in such Case the Party offending shall
pay a Fine of Five Pounds, Forty Shillings of which to the Informer, and Three
Pounds to the Use of His Majesty's Government, and the Cloaths, Arms or Accoutre-
ments shall be taken from such Person, and returned to such Soldier, Seaman or
Marine, and he to be utterly debarred from recovering in any Action the Purchase or
Loan of Money for the same : Any Person offending herein, may be convicted of such
Offence before any one or more of His Majesty's Justice of the Peace, for the District
where such Offence shall be committed, who are hereby required and impowered to
levy the Penalty by Distress, and in Default of Distress, to commit the Offender to
His Majesty's Goal, there to remain without Bail or Mainprize for the Space of Two
Months, or 'til such Time as the Penalty shall be paid.

Be it further Ordained and Declared, That it shall and may be lawful for any
Person, upon seeing or knowing any Soldier, or any Seaman or Marine, belonging to
any of His Majesty's Ships or Vessels of War, selling or exposing to Sale any of his
or their Cloathing, Arms, Accoutrements or Slops, to apprehend such Soldier, Sea-
man or Marine, and carry him or them immediately to some Justice of the Peace of
the District, who is hereby impowered to commit such Soldier, Seaman or Marine, to
His Majesty's Goal, and to deliver him or them over to the Commander of the Regi-
ment, or Captain of the Company to which such Soldier belongs, or to the Captain
or other Officer of the Ship or Vessel to which such Seaman or Marine may belong.

And be it further Ordained and Declared, by the Authority aforesaid. That if the
Master or Commander of any Ship or Vessel (the Captains, Commanders or Masters
of His Majesty's Ships or Vessels of War excepted) shall ship any Mariner or Seaman,
knowing him to be first entertained and shipped aboard another Ship or Vessel, or
after Notice thereof given such Master or Commander (except as aforesaid) shall not
forthwith discharge and dismiss such Mariner or Seaman, every Master or Commander
(except as aforesaid) so offending, being thereof convicted upon Oath before any one
or more of His Majesty's Justices of the Peace of such District, shall forfeit and pay
the Sum of Twenty Pounds, of current Money of this Province, at the Rate of Six
Shillings each Dollar, one Moiety whereof to be to the Use of His Majesty's Govern-
ment, and the other Moiety to him or them that shall inform for the same, to bo
levied and recovered by Warrant of Distress, under the Hand and Seal of such Jus-
tice, of the Offenders Goods and Chattels, and for Want thereof to commit such
Offenders to Prison until Payment be made; and every Mariner or Seaman, so ship-
ping himself, shall forfeit one Month's Wages, to be recovered, applied, and disposed
of as aforesaid.

And he it further Ordained and Declared, hy the Authority aforesaid. That if any
Person shall entice any Mariner or Seaman, belonging to any of His Majesty's Ships
or Vessels of War, or those employed in his Service, or any Mariner or Seaman,
belonging to any Merchant Ship, or other Vessel, to desert, or harbour, conceal or
assist any Deserter, from any of the Regiments quartered in this Province, or from
any Ships or Vessel of War, or Merchants Ship as aforesaid, knowing him to be such,
the Person so offending shall forfeit the sum of Twenty Pounds, of like current
Money as aforesaid, on Conviction by one or more credible Witnesses, upon Oath
before any one or more of Plis Majesty's Justices of the Peace, for the Use of His
Majesty's Government, to be levied by Warrant of Distress, and for Want of such

72 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Distress, the Person so offending shall be committed to His Majesty's Goal, there to
remain without Bail or Mainprize, for the Space of Four Months, or 'til such Time
as the said Fine shall be paid.

And he it further Ordained and Declared, hy the Authority aforesaid, That if
any Mariner or Seaman, having shipped himself on Board any Ship or other Vessel^
to proceed on any Voyage, and under Pay (the same being made appear by his signing
the shipping Articles, according to the Direction of an Act of Parliament in that
Behalf made) shall refuse or neglect to give his Attendance, or to do his Duty on
Board, or absent himself from the said Service, upon Complaint thereof to any Jus-
tice of the Peace, such Justice is hereby impowered and required to cause such
Mariner or Seaman to be brought before him, and upon Conviction on Oath, of having
absented himself, or Kefusal or Neglect to do his Duty, to commit him to Prison,
that so he may be secured, and forthcoming to proceed on the Voyage he has so agreed
to, and to be delivered by Order of such, or any other Justice in the same District, to
the Master or Commander of such Ship or Vessel. And avhereas it hath been fre-
quently published an-d made known to the Inhabitants of this Province, not to trust
or give Credit to any Soldier in Garrison, notwithstanding which, -several People have
ventured to trust them, or have pretended so to do, by which Means and Pretences
several Soldiers have been arrested, and are at this time detained in Prison, to the
great Detriment of His Majesty's Service; for Remedy whereof.

Be it ordained and Declared, hy the Authority aforesaid. That it shall and may bo
lawful for any Judge, or any one of His Majesty's Justices of the Peace of this Pro-
vince, and they are hereby required, upon Complaint of any non-cominissioned Officer
or private Soldier (or his superior Officer) nov? in Prison for any Debt, or pretended
Debt, by Warrant under his Hand and Seal, to cause such Soldier to be brought be-
fore him, and upon Sight of the Writ, Process, or Warrant of Detainer, or Copy
thereof, by which such Soldier is kept in Prison, immediately to liberate and discharge
him out of Custody, without Fee, and every such Soldier, so discharged, shall not
afterwards be again arrested or imprisoned for the same Debt or Demand

GIVEN hy His Excellency the Honourable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in American Vice Admiral of the same. Governor of the
Town of Quebec, C olonel-C ommandant of the Second Battalion of the Royal
American Regiment, &c. &c. In Council, at Quebec, the Slst Day of May,
Anno Domini, 1765, and in the Fifth Year of the Reign of our Sovereign
Lord GEORGE the III. hy the Grace of God, of Great-Britain, Franco and
Ireland, KING, Defender of the Faith, &c. &c.

JA: MtJRRAY
By Order of His Excellency in Council,
H: Kneller, I>: G:G:

An ORDINANCE, For adjourning Trinity-Term next ensuing, and every other
succeeding Trinity-Term, and for hearing and determining certain Offences, at
the Town of Three-Rivers, in this Province.

WHEREAS, by an Ordinance of His Excellency the Governor and Council of
this Province, made the Seventeenth Day of Septemher last, it was, amongst other
Things, Ordained and Declared, " That a Superior Court of Judicature, or Court of
" King's-Bench, should be established in this Province, to sit and hold Terms in the
" Tovra of Quehec, twice in every Year, viz. one to begin on the Twenty-first Day of
"January, called Hillary-Term, the other on the Twenty-first Day of June, called
"Trinity-Term." And whereas the Sitting of the said Court, and holding the said

CANADIAN ARCSIYE8 73

SESSIONAL PAPER No. 29b

Term called Trinity-Term, on the Twenty-first Day of June, is on many Accounts likely
to prove prejudicial to the Inhabitants of this Province.

Be it therefore Ordained and Declared, hy His Excellency the Governor, 'by and
with the Advice, Consent and Assistance of His Majesty's Council, and ly the
Authority of the same. It is hereby Ordained and Declared, That the next sitting of the
said Superior Court of Judicature, or Court of Kiug's-Bench, and the said next term,
called Trill ity-Term, by the said Ordinance appointed to be held on the said Twenty-
nrst Day of June, is and are, by Force of this Ordinance, adjourned until the first Day
of August next, at the City of Quebec; and all Persons (except the Persons, and for
the Causes in the Ordinance herein after mentioned) who have any Thing to do, at the
said Court and Term, by the said Ordinance intended to be held, on the Twenty-
first Day of this Instant June, shall, by Virtue hereof, have free Licence and Liberty
to forbear their Attendance until the said first Day of August next, at the City of
Quebec, and all such Persons (except the Persons hereafter mentioned) are hereby
required to keep their Day on the said first Day of August next, at the City of Quebec
aforesaid.

And it is also further Ordained and Declared, by the Authority aforesaid. That
every succeeding Trinity-Term shall be held on the Fifteenth Day of July in every
Year at the City of Quebec aforesaid.

And whereas several Persons stand charged with having violently assaulted and
maimed Mr. Thomas Walker, Merchant at Montreal, in the Night of the sixth Day
of December last; and others are also charged with a Riot and Rescue^ at the same
Place, on the Sixteenth Day of January last, and several Persons stand bound by
Recognizances to appear and answer, and others to appear and prosecute, and give
Evidence against the several Persons so charged, at the next Court of King's-Bench,
to be held at Quebec : And for the quick Dispatch of Justice, it has been thought
adviseable, That the said Offences should be inquired of, heard and determined at the
Town of Three-Rivers, in this Province, on the first Day of July next, and for those
Purposes only. It has been Resolved, by Ilis Excellency the Governor in Council,
That a Commission of Oyer and Terminer do forthwith issue, directed to the Honor-
able William Gregory, Esq; Chief -Justice of this Province, for the hearing and deter-
mining the said Offences only, at the said Town of Three-Rivers.

Be it therefore further Ordained and Declared, by the Authority aforesaid. That
all and every Person or Persons whatsoever, who now stand bound by Recognizance to
appear and answer, or to appear and prosecute, or give Evidence in the said Assault
and Maiming, Riot and Rescue, at the next Court of King's-Bench to be held at
Quebec, shall, instead of appearing at the said next Court of King's-Bench at Quebec,
be, and are hereby respectively obliged to appear and answer, or to appear and prose-
cute, or give Evidence, at the said Court of Oyer and Terminer, to be held at the
Town of Three-Rivers, any Sentence, Clause, Matter or Thing in the Conditions of
such Recognizances, or any of them contained to the Contrary, or seemingly to the
Contrary thereof, in anywise notwithstanding. And all and every Person or Persons,
so found failing, neglecting or refusing to appear accordingly, at such Time and
Place, as is hereby directed, shall, to all Intents and Purposes whatsoever, incur a
Forfeiture of such Recognizances respectively, and the Judge of the said Court of
Oyer and Terminer, so to be held at the Town of Three-Rivers as aforesaid, shall and
may estreat the same accordingly for His Majesty's Use.

GIVEN by His Excellency the Honorable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice- Admiral of the same. Governor of the
Town of Quebec, Major-General of His Majesty's Forces, and Colonel-Com-
mandant of the Second Battalion of the Royal American Regiment, &c. &c^
In Council, at Quebec, the 3d Day of June, Anno Domini, 1765, and in the

74 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Fifth Year of the Reign of our Sovereign Lord GEORGE the III. hy the
Grace of God, of Great-Britain, France and Ireland, KING, Defender of the
Faith, &c. &c,

JA: MURRAY.
By Order of His Excellency in Council,
H: Kneller, D: G:G:

An ORDINANCE, For regulating and establishing the Admeasurement of Fire-Wood,

exposed to Sale in this Province.

WHEREAS divers Frauds are frequently committed by the Sellers of Fire- Wood,
in Rafts and otherwise, both as to the Quantity said to be contained in such Rafts,
^nd also as to the Length of the Logs and Sticks therein contained, for Remedy
whereof, Be it Ordained and Declared, hy His Excellency the Governor of this Prov-
ince, by arid with the Advice, Consent and Assistance of His Majesty's Council, and
hy the Authority of the same. It is hereby Ordained and Declared, That every Cord
of Fire-Wood, which, from and after the Fifteenth Day of June, One Thousand
Seven Hundred and Sixty-six, shall be exposed to Sale, in Vessels, Rafts, Cages, or
otherwise, in any of the Towns of this Province, shall be full Eight Feet Six Inches
-and two Thirds of an Inch long "English Measure, and full Four Feet Three Inches
and one Third of an Inch in Heighth like Measure, being equal to Eight Feet long,
and Four Feet high French Measure, and that each Log or Stick shall be full Two
Feet Eight Inches English Measure in Length between the Cuts, equal to Two Feet
Six Inches French Measure, and every Cord of Fire- Wood contained in such Raft or
Cage, shall be solid and well packed together.

And he it further Ordained and Declared, hy the Authority aforesaid, That if
^any Person or Persons, from and after the said Fifteenth Day of June, contracting
lor the Purchase of any Parcel of Fire-Wood in Vessels, Rafts, or Cages, shall suspect,
that the Parcel of Fire-Wood in any such Vessel, Raft, or Cage, does not contain
the Number of Cords contracted for, or that the Logs and Sticks are not of the
Leng'th and Dimensions by this Ordinance directed, every Person so contracting and
suspecting as aforesaid, shall, immediately after and before such Wood, or any Part
thereof, shall be removed from, the Place where exposed to Sale or contracted for,
otherwise than for the necessary surveying and measuring thereof, cause the same to
I>e surveyed or measured, by such Person or Persons as shall be appointed by His
Majesty's Justices of the Peace of the Districts of Quebec or Montreal, who are
liereby required to survey or measure the same accordingly ; and if on such Survey or
Measurement it shall be found, that either the Raft, Cage, or Parcel of Wood, do not
contain the Numlber of Cords of Fire-Wood contracted for, or that the Logs and
Sticks are not of the Len^h or Dimensions by this Ordinance directed, every such
Raft, Cage, or Parcel of Wood shall be forfeited, one Moiety to the Poor of the Town
'where such Offence shall be committed, and the other Moiety to the Contractor, he
paying thereout for the Surveying or Measuring thereof, whether the same be for-
feited or not, at the Rate of Tivo Pence per Cbrd.

And whereas it frequently happens that the Sellers of Fire- Wood in Rafts or Cages,
oblige the Buyers thereof, vinder various deceitful Pretences, to pay down the Price
contracted for, and afterwards it is found that the Rafts, or Cages, do not contain
the Quantity of Wood contracted for: For Remedy whereof, Be .it further Ordained
■and Declared, by the Authority aforesaid, That where any Person, after the said fif-
teenth Day of June, shall contract and pay for any Quantity of Fire-wood, in Rafts or
Cages, which either before or after removing thereof, by any fraudulent and deceit-
iul packing or otherwise, shall be found either not to contain the Quantity of Wood
■contracted and paid for, or that the Logs or Sticks are not of the Length and Dimen-

CAXADIAN ARCHIVES 75

SESSIONAL PAPER No. 29b

sions in this Ordinance directed, It shall and may be lawful, for any one of His
Majesty's Justices of the Peace of the District where such Offence shall be committed,
upon Complaint thereof upon Oath of the Person so defrauded, to issue his Warrant,
for the apprehending and bringing before him, or any otlier of His Majesty's Jus-
tices of the Peace, such Offender or Offenders, and upon Conviction of such Offence,
upon the Oath of two or more credible Witnesses, such Offender, for the first Offence,
shall forfeit and pay, for the Use of His Majesty's Government of this Province, the
Sum of Twelve Shillings, and shall be committed by such Justice to tJie common
Prison, there to remain in close Confinement for the Space of Fifteen Days, and until
the said Sum of Twelve Shillings be paid and Satisfied: And upon a second Convic-
tion as aforesaid, the Offender shall forfeit and pay the Sum of Twenty-four Shillings,
and suffer one Month's close Imprisonment.

And Be it further Ordained and Declared, hy the Authority aforesaid. That from
and after the first Day of December next ensuing, all Fire-wood brought by Land,
for Sale, to the Towns of Quebec, Montreal and Three-Rivers, in this Province, in
Sleys, Carts, or other Carriages, shall be sold on the Parade in the Town of Quebec,
near to the Castle of Saint Lewis, in the Upper-Town, and in the Area of the Lower-
Town, and in such Places in the Towns of Montreal and Three-Rivers, as shall be
appointed by His Majesty^s Justices of the Peace in the respective Districts, on Pain
of Forfeiture thereof, one Moiety to the Informer, and the other Moiety to the Poor
of the Town where such Offence shall be committed.

GIVEN by His Excellency the Honorable JAMES MURRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same. Governor of the
Town of Quebec, Major-General of His Majesty's Forces, and Colonel-Com-
mandant of the Second Battalion of the Royal American Regiment, &c. &c.
In Council, at Quebec, the 13th Day of November, Anno Domini, 1765, and
in the Sixth Year of the Reign of our Sovereign Lord GEORGE the III.
hy the Grace of God, of Great-Britain, France and Ireland, KING, Defender
of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,
Ja. Potts, D: G: G:

An ORDINANCE, For the better and more regular providing Fire-wood for the Use
of His Majesty's Forces in Garison in this Province, And for declaring that all
Power and Authority of any Captain or other Officer of the Militia, established
in this Province before the Conquest thereof, and afterivards continued until the
Establishment of British Civil Government within the same, was thereby abol-
ished and taken away.

Whereas the Inhabitants dwelling in the Vicinage of, or near to His Majesty's
military Garisons, Posts and Cantonments in this Province, from various illegal
Combinations amongst themselves, refuse to supply the Forces in Garison there with
Fire-wood at a reasonable Price, by Means whereof great Damage may arise to His
Majesty's Service: For preventing whereof, Be it Ordained and Declared by His
Excellency the Governor, by and with the Advice, Consent and Assistance of His
Majesty's Council of this Province, and by the Authority of the same, be it hereby
Ordained and Declared, That as often as Fire-wood may be wanted for the Use of His
Majesty's Forces in this Province, on a Representation thereof being made to His
Excellency the Governor in Council, by the Barrack-Master for this Province, or
by any of the Barrack-Masters of His Majesty's Garisons, in Writing, signed by such

76 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Barrack-Master, specifying therein the Quantity of Fire-wood required, and for
what Garison, Post or Cantonment the same is wanted; that thereupon his said
Excellency the Governor will, in Council, issue his Warrant under his Hand and Seal,
directed to any of the said Barrack-Masters, to apply to the Bailiff or Sul>Bailiff of
the Parish or Parishes in the Vicinage of such Garison, Post or Cantonment, to make
Provision for the Quotas of Fire-wood mentioned in such Warrant, to be provided
by their respective Parishes, together with Carriages, Horses and Men to convey the
same to such Garison, Post or Cantonment as is therein mentioned. And the Bailiffs
or Sub-Bailiffs of the respective Parishes to whom such Application shall be made-
as aforesaid, shall, and they are hereby strictly charged and required to order and
appoint such Person or Persons, in their respective Parish or Parishes, as they shall
think proper, rateably and proportionably, to provide and convey the Quantity of
Fire-wood mentioned in the said Warrant ; and the Person or Persons so appointed
shall, and are hereby strictly charged and required to provide and convey the same
accordingly : And the Barrack-Masters applying for such Fire-wood, or to whom such
Warrant may happen to be directed, shall, and is hereby required, on the Delivery
thereof at the Garison, Post or Cantonment mentioned in the said W^arrant, to pay
down in Hand to the Owner or Owners, Driver or Drivers of the Cart or other Car-
riage, in which such Fire-wood shall be conveyed, for the Use of the Owner or Owners
thereof, such Sum of Money for every Cord of Fire-wood, agreable to the Price of
Cord Wood to be regulated and established by His Majesty's Justices of the Peace
at their next General Court of Quarter-Sessions of the Peace, to be held for the Dis-
tricts of Quebec and Montreal in this Province, and so yearly, and every Year, for the
Future, at their December Quarter-Sessions, over and above the Sum of One Penny
for each Cord to the Bailiff or Sub-Bailiff for the Service of such Warrant, for which
Sums so received, the Person or Persons receiving, is and are hereby required to give a
Receipt in Writing to the Person paying the same: Provided that the Justices of the
Peace of the said Districts shall, in the mean Time, and as soon as conveniently may
be, meet and regulate the Prices of Cord Wood, which Prices, so regulated, shall be
the Price of Cord Wood to be paid by such Barrack-Master, until the Eegulation
thereof be made at the next Quarter-Sessions as aforesaid. And be it further Ordained
and Declared, by the Authority aforesaid. That if any Bailiff or SubBailiff shall wil-
fully neglect or refuse, upon Application being made as aforesaid, by the said Barrack-
Master to whom such Warrant shall be directed, to order and appoint such Person
or Persons in their respective Parishes as they shall think proper, rateably and pro-
portionately, to provide the Quantity of Fire-wood mentioned in the said Warrant to
be provided by the Parish of such Bailiff or sub-Bailiff, with suitable Carriages, Horses
and Men for conveying the same to the Garison, Post or Cantonment mentioned in the
said Warrant; or if any Person or Persons, appointed by the Bailiff or Sub-Bailiff of
the respective Parishes, to provide agreeable to this Ordinance, any Fire-wood with
proper Carriages, Horses and Men for conveying the same as aforesaid, shall neglect
or refuse to provide or convey the same, or any other Person or Persons whatsoever,
shall wilfully do any Act or Thing whereby the Execution lof the said Warrant shall
be hindered or frustrated, every such Bailiff or Sub-Bailiff, or other Person. or Persons
so offending, shall, for every such Offence, forfeit any Sum not exceeding Twenty
Pounds of current Money of this Province, nor less than Ten Pounds like Currency,
towards defraying the contingent Charges of this Government; and all and every
such Offence and Offences shall and may be enquired of, heard and fully determined,
by Two of His Majesty's Justices of the Peace, dwelling in or nearest the Place where
such Offence shall be committed, who have hereby Power to cause the said Penalty to
be levied by Distress and Sale of the Offender or Offenders Goods and Chattels, ten-
dering the Overplus (if any) to the- Owner; and for Want of Goods and Chattels
whereupon to levy the same, to commit the Offender or Offenders to the common Goal
of the District where such Offence shall be committed, there to remain without Bail
or Mainprise until Payment thereof be made.

CANADIAN ARCHIVES 77

SESSIONAL PAPER No. 29b

And whereas several Captains of the Militia, formerly established in this Province,
before the Conquest thereof, and afterwards continued until the Establishment of
Civil Government within the same, pretend that their Commissions, and former Au-
thority of Captains of Militia, still continue and are in Force, notwithstanding no
Ordinance of his Excellency the Governor in Council has ever been made either for
establishing or continuing them in OfSce: And whereas the keeping up a Militia in
this Province at this Juncture is not necessary. Be it therefore further Ordained and
Declared, hy the Authority aforesaid. That on tho Establishment of British Civil
Government in this Province, the Militia before that Time established within the same
was thereby abolished and taken away to all Intents and Purposes whatsoever; and all
Power and Authority derived from thence, or which any Person or Persons whatso-
-ever might claim, or pretend to claim, by Force or in Virtue of any Commission or
■other Authority therein, did thence forward cease, and was thereby annulled and
taken away; and every Person or Persons whatsoever, acting or pretending to act,
under any Commission or Authority therein, was, and were thereby, and by Means
thereof, dismissed and discharged from the same accordingly.

GIVEN hy His Excellency the Honourahle JAMES MUKRAY, Esq; Captain-
General and Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same. Governor of the
Town of Quebec, Major-General of His Majesty's Forces, and Colonel-Com-
mandant of the Second Battalion of the Royal American Regiment, &c. &c.
In Council, at Quebec, the 27th Day of November, Anno Domini, 1765, and
in the Sixth Year of the Reign of our Sovereign Lord GEORGE the III. hy
the Grace of God, of Great-Gritain, France and Ireland, KING, Defender of
the Faith, &c. &c.

JA: MUERAY.

By Command of His Excellency in Council,

■ Ja. Potts, D:'G: G:

An ORDINANCE, For repairing and amending the High-Ways in this Province.

WHEREAS the free and easy Intercourse and Means of conveying and carry-
ing Goods and Merchandize from one Town or Parish to another, contributes very
much to the Advancement of Trade, and raising the Value of Lands, as well as to
the Ease and Conveniency of the Inhabitants of this Province; and whereas the High-
ways and Bridges in this Province, for want of due and timely Repairs and Amend-
ments, are become in many Places almost impassable, and dangerous to Passengers
and Carriages: And whereas, for the better and more effectual repairing the High-
ways and Bridges in this Province, it is highly necessary, in the mean Time, that a
Surveyor, or Orderer of the Works, for the Amendment of the High-ways and Bridges
in the Districts of Quehec and Montreal, should as soon as conveniently, be appointed,
who should have sufficient Authority, as well by Virtue hereof as of their respective
Commissions, to Order and Direct the Persons and Carriages, that shall be appointed for
those Works: Be it therefore Ordained and Declared, hy His Excellency the Governor,
by and with the Advice, Consent and Assistance of His Majesty's Council of this Pro-
vince, and hy the Authority of the same, It is hereby Ordained and Declared, That the
Surveyor, or Surveyors of the High-ways, that are, or hereafter may be appointed, for
the Districts of Quehec and Montreal respectively in this Province, shall, from Time
to Time, every six Months, during their being respectively Surveyors as aforesaid,
take a View of all the Roads, common High-ways, Cause-ways, Ferries, Watercourses,
Bridges, Ditches, Hedges, Trees, Drains^ or Gutters, next adjoining to the same.

78 DEPARTMENT OF TEE SECRETARY OF STATE

4 GEORGE v., A. 1914

within the District or Division for which he is appointed a Surveyor, that are to be
repaired by the Parish, Village or Precinct: And the Justices of the Peace, in their
respective Districts, or Limits of their Commissions, are, for the Purposes in this
Ordinance declared, hereby impowered once in two Months, or oftener, if they find it
needful, to hold a Special-Session, and thereunto shall cause to be summoned the
Surveyor of High-ways within that District to come before them, who shall make a.
Presentment to them in Writing, upon Oath (which Oath the said Justices are hereby
impowered to administer) of the State and Condition of the High-ways in the Dis-
trict to which he belongs, and what Offences and Neglects any are guilty of contrary
to this Ordinance; and in Default of making such Presentment, shall incur the
Penalty of Txventy Pounds, unless he shall have some reasonable Excuse for omitting
the same, to be allowed of by said Justices; and what Defaults or Annoyances such
Surveyor shall find in any of the said High-ways, Cause-ways, Ferries, Water-courses,
Bridges, Ditches, Hedges, Trees, Drains or Gutters, next adjoining to the same the
said Justices, in their said Sessions, after due Consideration thereof had, shall give
Orders, in Writing, to such Surveyor, for the repairing and amending the same, as
to them shall seem meet, and such Surveyor shall thereupon, from Time to Time,
within six Days after receiving such Orders, issue an Order, in Writing, under his
Hand, directed to the Bailiff or Sub-Bailiff of the respective Parishes, Villages or
Precincts, in the District for which he is Surveyor, therein naming and appointing
eight Days, for the amending the said Ways, then following, and also directing the
Time for beginning to work, which Bailiff or Sub-Bailiff shall, respectively, on Pain
of forfeiting Forty Shillings, summon the Parishioners or Inhabitants of the Parish,
Village or Precinct, to which he belongs, at the Church Door of the Parish, imme-
diately after Divine Service, eight Days before the Time appointed for working, and
the said Parishioners so summoned shell be chargeable thereunto, as followeth: That
is to say, every Person keeping there a Horse-Cart, or other Carriage, shall find and
send, at every Day and Place, to be appointed for the amending of the High-ways in
that Parish, Village of Precinct aforesaid, one Cart or other Carriage, furnished with
Oxen, Horses, or other Cattle, and all other Necessaries meet to carry Things con-
venient for that Purpose, and one able Man with the same, and shall, upon every
one of the said eight Days, work and labour in the Amendment of the said High-
ways, upon Pain of every Draught making Default Twelve Shillings per Day of the
said Days, and every Man making Default, Four Shillings per Day of the said Days;
and if the said Carriages of the Parishes, or any of them, shall not be thought
needful by the Surveyor, or Bailiff in his Absence, to be imployed upon any of the
said Days, that then every such Person that should have sent any such Carriage, shall
send to the said Work, for every Carriage so spared, two able Men, there to labour for
that Day, upon Pain to lose, for every Man not so sent to the said Work, Four Shil-
lings: And every Person and Carriage above said shall have and bring with them^
such Shovels, Spades, Picks, Mattocks and other Tools and Instruments 51s are neces-
sary for tlieir said Work; and all the said Persons and Carriages shall dq and keep
their Work as they shall be appointed by the said Surveyor or Bailiff as aforesaid,
eight Hours of every of the said Days ; and if the same, or such Part thereof as shall
be appointed by the Justices, shall not be repaired and amended within the said eight
Days, that then the said Surveyors of High-ways, respectively shall, within ten Days
after, present the same to the Justices a-new, who are hereby impowered to issue their
Orders to the Surveyors as before directed. And he it further Ordained, hy the Author-
ity aforesaid, That it shall and may be lawful to and for the Surveyors, or Bailiffs in
their Absence, for the Amendment of the said High-ways, to take or carry away any
of the Rubbish or smallest broken Stones that shall be found ready dug, and lying
near any Quarry or Quarries, being within the District of such Surveyor, or Parish
of such Bailiff respectively ; and that for want of Rubbish to be found ready dug, and
lying near any Quarry or Quarries, it shall and may be lawful to and for the said

CANADIAN ARCHIVES 79

SESSIONAL PAPER No. 29b

Surveyors and Bailiffs respectively, for the Use aforesaid, in the several Grounds of
any Person or Persons, being within their respective district or Parish (Houses and
Gardens excepted) and nigh adjoining to the way or "Ways wherein such Eepara-
tions shall be thought necessary to be made, and wherein any Gravel or Sand is likely
to be found, to dig or cause to be digged one Pit only in such several Grounds, pro-
vided such Pit be not in any Way in Breadth and Length above ten Yards over at the
most, and that the Surveyor or Bailiff shall immediately cause the same to be fenced
round, and within one Month after making or digging thereof, cause the same to be
filled and stopped up at the Cost and Charges of the Parishioners, and likewise to
gather Stones lying upon any Lands or Grounds, proper to be used for such Service
and Purpose, and thereof to take and carry away so much as by the Discretion of the
said Surveyor or Bailiff shall be thought necessary to be employed in the Amendment
of the said High-ways.

And he it further Ordained, hy the Authority aforesaid, That every such Sur-
veyor, or Bailiff by his Direction, shall, by Force of this Ordinance, within their
respective District or Parish, have full Power and Authority to turn any Water-
course, or Spring of Water, being in any of the said High-ways, into any Ditch or
Ditches of the several Ground or Soil, of any Person or Persons whatsoever, next
adjoining to the said High-ways, in such Manner and Form as by the Discretion of
the said Surveyor or Bailiff shall be thought meetest and most convenient.

And he it further Ordained, That the Ditches, Fences, Dikes or Hedges, next
adjoining, on either Side, to any high or common Way, shall, from Time to Time, be
sufficiently repaired and kept in good Order, so as not to incommode the High-ways,
and all Trees, Shrubs and Bushes, growing in the High-ways, shall be cut down,
grubbed up, and carried away, by the Owner or Possessor of the Ground or Soil,
which shall be inclosed with the said Ditches, Fences, Dikes or Hedges aforesaid,
within ten Days after Notice to him or them given by the said Surveyor or Bailiff,
on Pain to forfeit for every Neglect the Sum of Twenty Shillings, to be levyed and
disposed of as is herein after mentioned, whereby the said Ways may be open, and
the People have more ready and easy Passage in the same.

And he it further Ordained, hy the Authority aforesaid. That no Person or Persons
whatsoever shall lay in any High-way, not being twenty Feet broad, any Stones,
Timber, Straw, Dung, or other Matter, whereby the same shall be any ways obstructed
or annoyed, on Pain to forfeit for every such Offence the Sum of Twenty Shillings,
to be levyed and disposed of as hereafter is mentioned.

And he it further Ordained, That every such Surveyor or Bailiff, for the Time
being, shall, within twelve Days next after Default or Offence made, done or com-
mitted, by any Person or Persons, contrary to the Purport and true Meaning of this
Ordinance, present every such Default or Offence to the next Justice of the Peace for
the Time being, upon Pain to forfeit for every such Neglect or Offence, in such Sort
not by him presented. Forty Shillings ; and that every such Justice of the Peace, to
whom any such Default or Offence shall be presented, as is aforesaid, shall certify
the same Presentment, so to him made, at the next General or Special Sessions within
the said Districts respectively then next to be holden, upon Pain to forfeit, for not
certifying every such Presentment of such Default or Offence, as is aforesaid, Five
Pounds; and the Justices of the Peace, in the District where any of the said Defaults
or Offences shall be committed, shall have Authority to enquire of any such Default
or Offence, committed within the Limits of their Commission, (at every their Quarter-
Sessions, and to assess such Fines for the same as they, or three of them, shall think
meet.

And he it further Ordained, hy the Authority aforesaid. That every Justice of the
Peace shall have Authority by this Ordinance, upon his own proper Knowledge, in
the open General or Special-Sessions, to ^ake Presentment of any High-way, not
well and sufficiently repaired and amended, or of any other Default or Offence, com-

80 DEPARTMEXT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

mitted and done within the District or Limits of his Commission, contrary to the
Intent of this Ordinance ; and that every such Presentment made by any sucli Justice
oi the Peace, upon his own Knowledge, as is aforesaid, shall be as good, and of the
same Force, Strength and Effect, in the Law, as if the same had been presented,
found and adjudged, by the Oath of twelve Men; and that for every such Default,
60 presented as aforesaid, the Justices of the Peace of the said District shall, imme-
•diately, at the said General or Special-Sessions, have Authority to assess such Fines
as to them, or three of them, shall be thought meet, saving to every Person or Persons,
that shall be touched by any such Presentment, to have his or their lawful Traverse
to the same Presentment, as they might have upon any Indictment for Trespass or
forcible Entry, by the Laws of Great-Britain. And be it further Ordained, by the
Authority aforesaid, That the Surveyors of High-ways shall, and are respectively
required, to make every High-way fourteen Feet wide at least, and as near as may be,
-even and level.

And be it further Ordained, by the Authority aforesaid. That all Fines, Forfei-
tures and Penalties arising, or which may be incurred by this Ordinance, shall be
levyed by, and paid into the Hands of the Surveyor of High-ways of the District or
Place, by Virtue of a Warrant from a Justice of the Peace of such District, to be
applyed towards the Kepair and Amendement of such High-ways; and that every
Surveyor of High-ways shall, every six Months, or oftner, if thereto required, give an
Account in Writing, under his Hand, upon Oath, to the Justices, in their General or
Special-Sessions of the Peace to be held in the District wherein he is Surveyor, of all
Monies that has come to his Hands, which ought to be employed in mending the High-
ways, and how he hath disposed of the same; and in Case any Monies shall remain in
his Hands, he shall immediately pay the same to the Clerk of the Peace of that Dis-
trict, and in Case of Failure, as aforesaid, shall forfeit double the Value of what shall
be adjudged to be in his Hands by the said Justices, to be recovered by Warrant of
Distress and Sale of the Offenders Goods and Chattels, in like Manner as other Fines
and Forfeitures are recoverable by this Ordinance; and every Clerk of the Peace
shall regularly file all such Accounts, and make fair Entries thereof in a Book to be
kept by him for that Purpose, of all Monies paid to him as aforesaid, and forthwith
pay the same over to the Receiver-General of this Province for the Time being, to
be applied towards defraying the contingent Charges of this Government.

And be it further Ordained, by the Authority aforesaid. That no Suit, for Defaults
or Penalties by Virtue of this Ordinance, shall be commenced after six Months from
the Time of the same being coromitted.

GIVEN by His Excellency the Honorable JAMES MURRAY, Esq; Captain-
General nad Governor in Chief of the Province of Quebec, and Territories
thereon depending in America, Vice Admiral of the same. Governor of the
Town of Quebec, Major-General of His Majesty's Forces, and C olonel-C o-n-
mandant of the Second Battalion of the Royal American Regiment, &c. &c.
In Council, at Quebec, the 27th Day of March, Anno Domini, 1766, and in
the Sixth Year of the Reign of our Sovereign Lord GEORGE' the III. by
the Grace of God, of Great-Britain, France and Ireland, KING, Defender of
the Faith, &c. &c.

JA: MURRAY.
By Command of His Excellency in Council,
Ja. Potts, D: G: G:

CANADIAN ARCHIVES 81

SESSIONAL PAPER No. 29b

An OEDINAISTOE, To alter and amend an Ordinance of His Excellency the Governor
and His Majesty's Council of this Province, passed the Seventeenth Day of Sep-
tember, 1764.

WHEKEAS by an Ordinance of His Excellency tbe Governor and His Majesty's
Council of this Province, made and passed the Seventeenth Day of September, 1764,
Intitled, An Ordinance for regulating and establishing the Courts of Judicature in
this Province ; His Majesty has most graciously been pleased to signify His Royal
Will and Pleasure therein, by an additional Instruction to His said Excellency the
Governor, " That the Welfare and Happiness of His loving Subjects in this Pro-
" vince, which will ever be Objects of His Royal Care and Attention, do require that
" the said Ordinance should be altered and amended in several Provisions of it, which
" tend to restrain His Canadian Subjects in those Privileges they are intituled to
*' enjoy in common with his natural born Subjects : " And therefore it is His further
Royal Will and Pleasure, that it should be declared. And by His Honour the Presi-
dent of His Majesty's Council, by and with the Advice, Consent and Assistance of
His Majesty's Council of this Province, and by the Authority of the same. It is hereby
Ordained and Declared, That all His Majesty's Subjects in the said Province of
Quebec, without Distinction, are intituled to be impannelled, and to sit and act as
Jurors, in all Causes civil and criminal cognizable by any of the Courts or Judicatures
within the said Province.

And for the more equal and impartial Distribution of Justice, Be it further
Ordained and Declared, by the Authority aforesaid, That in all civil Causes or Actions
between British bom Subjects and British born Subjects, the Juries in such Causes
or Actions are to be composed of British bom Subjects only: And that in all Causes
of Actions between Canadians and Canadians, the Juries are to be composed of Cana-
dians only; and that in all Causes or Actions between British bom Subjects and
Canadians, the Juries are to be composed of an equal Number of each, if it be required
by either of the Parties in any of the abovementioned Instances.

And be it further Ordained and Declared, by the Authority aforesaid, That His
Majesty's Canadian Subjects shall and are hereby permitted and allowed, to practice
as Barristers, Advocates, Attomies and Proctors, in all or any of the Courts within
the said Province, under such Regulations as shall be prescribed by the said Courts
respectively for Persons in general under those Descriptions.

And be it further Ordained and Declared, by the Authority aforesaid. That this
Ordinance shall continue in Force until His Majesty's Pleasure be further known
herein; and th?t so much of the said Ordinance of the said Seventeenth of September,
1764, as is not hereby altered and changed, shall and is hereby declared to be tem-
porary only.

GIVEN by the Honourable PAULUS ^MILIUS IRVING, Esq; President of
His Majesty's Council, Commander in Chief of this Province, and Lieutenant'
Colonel of His Majesty's Army, at the Castle of Saint Lewis, in the City of
Quebec, this 1st Day of July, in the Sixth Year of His Majesty's Reign, and
in the Year of Our Lord One Thousand Seven Hundred and Sixty-six.

P: ^MIs. IRVING.
By Order of the Commander in Chief of the Province,
Ja. Potts, D: G: G:

29b— 0

82 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

An OKDINANCE, For adjourning the Inferior Court of Common-Pleas for the
District and City of Montreal, in this Province.

WHEEEAS the holding an Inferior Court of Common-Pleas at the City of Mont-
real, for the District and City of Montreal, on the Eleventh Day of July, is, for
several important Eeasons, likely to prove very prejudicial to the Inhabitants resid-
ing in the Country in the said District; for preventing whereof, Be it Ordained and
Declared, hy His Honour (the President of His Majesty's Council, and Commander
in Chief of this Province) hy and with tlie Advice, Consent and Assistance of His
Majesty's Council, and hy the Authority of the same. It is herehy Ordained and De-
clared, That the next Meeting of the said Inferior Court of Common-Pleas, intended
to he held for the District and City of Montreal, at the City of Montreal aforesaid,
on the Eleventh Day of this Instant July, is, by Force of this Ordinance, adjourned
until the Eleventh Day of Septemher next, at the City of Montreal aforesaid: And
all Persons who have any Thing to do at the said Inferior Court of Common-Pleas,
for the District and City of Montreal, intended to be held at the said City of Mont-
real, on the said Eleventh Day of July, shall, by Virtue hereof, have free Licence and
Liberty to forbear their Attendance until the said Eleventh Day of Septemher next,
at the said City of Montreal; and all such Persons are hereby required to keep their
Day on the said Eleventh Day of Septemher next, at the City of Montreal aforesaid.

And he it further Ordained, hv the Authority aforesaid. That the said Inferior
Court of Common-Pleas, for the said District and City of Montreal, shall, yearly and
every Year, be held on the Eleventh Day of Septemher, and on the Eleventh Day of
Fehruary.

GIVEN hy the Honourahle PAULUS ^MILIUS IRVING, Esq; President of
His Majesty's Council, Commander in Chief of this Province, and Lieutenant-
Colonel of His Majesty's Army, at the Castle of Saint Lewis, in the City of
Quebec, this 1st Day of July, in the Sixth Year of His Majesty's Reign, and
in the Year of Our Lord One Thousand Seven Hundred and Sixty-six.

P: ^MIs. IRVING.
By Order of the Commander in Chief of the Province,
Ja. Potts, D: G: G:

An ORDINANCE, For granting Licences for retailing Rum and Spirituous Liquors,
and for Suppressing unlicenced Houses.

WHEREAS there are a great many Persons in this Province who presume to retail
Rum, Brandy, Wine, Syder, and other spirituous and strong Liquors, and keep
common Tippling-Houses and Victualling-Houses without Licence; for preventing
whereof. Be it Ordained and Declared, hy His Honour the President, and Commander
in Chief, hy and with the Advice, Consent and Assistance of His Majesty's Council
of this Province, and hy the Authority of the same. It is herehy Ordained and De-
clared, That no Person or Persons whatever within this Province, after the Twenty-
ninth Day of Septemher now next coming, shall be admitted or suffered td sell by
Retail, any Rum, Brandy, Wine, Syder, or other spirituous and strong Liquors, mixt
or unmixed, by whatever Name or Names they may be called and distinguished, or
keep any common Tippling-House, or Victualling-House, without Licence for that
Purpose first had and obtained from the Deputy-Secretary of this Province, upon
presenting to him a Certificate from the Clerk of the Peace of the respective Dijs-'
tricts of this Province, That such Person or Persons had been approved of by the Jus-
tices of the Peace, at their Quarter-Sessiong for the said respective Districts, and

CANADIAN ARCHIVES 83

SESSIONAL PAPER No. 29b

upon their entering into Eecognizances to His Majesty, in the Sum of Twelve PoundSj
with sufficient Securities, as well against the using unlawful games, as also for the
using and Maintainance of good Order and Eule to be had and used within the same,
for the Time to be limited in such Licenses, for which Thirty-Six Shillings shall be
paid to the Deputy-Secretary, Two Shillings whereof shall be for the Clerk of the
Peace for his Certificate, and Eight Shillings to the Secretary for taking the Security
and granting the Licence as aforesaid, and the Eemainder to be appropriated to pullicJc
Uses, as the Governor and Council shall think proper; and eveiy such Licence shall
continue in Force for one Year and no longer, to be computed from the 29th Day
of September next, and in like Manner for every svicceeding Year.

And he it further Ordained and Declared, hy the Authority aforesaid, That every
Person in this Province, who, after the Twenty-ninth Day of September now next
coming, shall keep any Tippling-House or Victualling-House, or shall retail any Rum,
Brandy, Wine, Syder, or other spirituous and strong Liquors, mixt or unmixt, or
by whatsoever Name or Names they may be called or distinguished, without being
licensed thereunto according to the Direction of this Ordinance, and shall be thereof
convicted, within ten Days after such Offence committed, on his or her Confession,
or the Oath of one credible Witness, by any one or more Justices of the Peace of
the District where such Offender shall reside or be licenced, every such Offender shall
forfeit and pay for the first Offence, the Sum of Five Pounds, for the second. Offence,
the Sum of Ten Pounds, and for the third Offence, the Sum of Twenty Pounds, and
after the said third Offence, shall be incapable of keeping a Tippling-House or
Victualling-House, or of selling any Rum, Brandy, Wine, Syder, or other spirituous
and strong Liquors by Retail, by Virtue of any Licence granted before such Con-
viction, or ofhaving any Licence for such Purpose thereafter; and if any such
Offender shall continue to commit any of the aforesaid Offences, then such Offender
shall, for every such Offence, subsequent to his third Conviction, forfeit and pay the
Sum of Twenty Pounds. All which respective Penalties and Forfeitures, shall, and
may be levied by Distress and Sale of the Goods and Chattels of every such Offender
(rendering him or her the Overplus, after the Charges of the said Distress and Sale
are deducted) by Warrant signed by the said Justice or Justices who do convict such
Offender, which said Penalties shall be paid and applied, one Half to the Informer,
and the other Half to His Majesty, for the Use of this Government; and such. Con-
viction signed by the said Justice or Justices, shall be good and sufficient in Law,
to all Intents and Purposes, and the said Justice or Justices shall, immediately after
the said Conviction is signed as aforesaid, intimate, or cause to be intimated, the said
Conviction to the Person convicted, and shall retiirn or certify the same, and the
Proceedings therein, to the Clerk of the Peace of the District in which such Justices
do act, to be by the said Clerk preserved amongst the Records of the said District.

Provided always, and be it further Ordained, by the Authority aforesaid. That if
any Person, aggrieved by such Conviction, shall be minded to appeal from svich Con-
viction, it shall and may be lawful to and for such Person, w^ithin ten Days after
such Conviction shall have been intimated to him or her, to appeal to the next ensu-
ing Quarter-Sessions, or Adjournment thereof, which shall be held for the District
where such Offence shall have been committed, and the Justices of the Peace, assem-
bled at such Quarter-Sessions or Adjournment, are hereby authorized and impowered
to hear and determine the said Appeals, and to give and cause to be executed such
Judgment or Sentence as in their Opinion, the Justices, from whom the Case is
appealed, ought to have given.

Provided always, That the Person appealing shall, with all convenient Speed, and
before the Meeting of the said Quarter-Sessions, or Adjournment thereof, leave his
or her Reasons of Appeal in Writing with the Clerk of the Peace of the said District,
and also attend, and with Effect prosecute his or her Appeal at the said Quarter-
Sessions or Adjournment thereof, and the Clerk of the Peace shall, at the Quarter-

29b— 6i

84 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Sessions or Adjournment thereof, produce all such Convictions and Reasons of Appeal
as shall have been returned or certified to him, or left with him since the last Quarter-
Sessions or Adjournment thereof, and shall, upon reasonable Notice, deliver to any
Person requiring the same, a fair Copy of such Conviction or Keasons of Appeal, for
each Copy whereof the Sum of Three Shillings, and no more, shall be demanded and
paid.

And in Order to prevent frivolous and vexatious Appeals, Be it further Ordained
and Declared, hy the Authority aforesaid. That it shall and may be lawful to and for
the Justices of the Peace, at the said Quarter-Sessions or Adjournment, if they shall
judge any Appeal from any Conviction to be frivolous and calculated for Delay, to
award, order and direct the Party appealing to pay any Sum not exceeding Forty
Shillings, over and above the Penalties herein before-mentioned, to be levied and
applied in such Manner and to such Use and Uses as the said Justices shall direct
and appoint, and the Judgment and Determination of the said Justices, at the
Quarter-Sessions or Adjournment thereof, shall, in all the Cases aforesaid, be final
and <;onclusive to all Intents and Purposes.

Provided that nothing in this Ordinance contained, shall extend to prevent any
Merchant, Shop-Keeper or others, not licenced to retail Rum, Brandy» Wine, Ale,
Beer, Syder, Perry, or other strong Liquors, from gelling any Quantity of such
Liquors?, not less than Three Gallons at one Time.

GIVEN hy the Honourable PAULUS ^MILIUS IRVING, Esq; President of
His Majesty's Council, Commander in Chief of this Province, and Lieutenant-
Colonel of His Majesty's Army, at the Castle of Saint Lewis, in the City of
Quebec, this 7th Day of July, in the Sixth Year of His Majesty's Reign, and
in the Year of Our Lord One Thousand Seven Hundred and Sixtysix.

P: .^MIs. IRVING.
By Order of the Commander in
Chief of the Province.
Ja. Potts, D. C. C.

An ORDINANCE, In Addition to an Ordinance of His Excellency the Governor
and Council of this Province, of the Seventeenth of September, 1Y64, intituled,
" An Ordinance for regulating and establishing the Courts of Judicature in this
Province.'

WHEREAS it has been often complained of. That there being no more than two
Terms in the Year, appointed for holding His Majesty's Supreme-Court of Judica-
ture, and Courts of Common- Pleas within this Province, is a Delay in obtaining
Justice, and a great Prejudice to publick Credit; for Remedy whereof. Be it Or-
dained and Declared, by His Honour the President and Commander in Chief of this
Province, by and with the Advice, Consent and Assistance of His Majesty's Council,
land hy Authority of the same. It is hereby Ordained and Declared, That a new Term
is by Virtue of this Ordinance established and added to the two former Terms, called
Hillary and Trinity Terms, which said new Term shall be called Michaelmas Term,
and shall commence and be held yearly, for the Dispatch of publick Business in the
said Supreme Courts and Courts of Common-Pleas respectively, on every Fifteenth
Day of October, with the same Number of Return Days therein as is practiced in the
said two other Terms, called Hillary and Trinity Terms, with the same Liberty of
appealing from the Judgments therein to be given, and all other Rights and Privi-
leges as is and are established by an Ordinance of His Excellency the Governor and
Council of this Province, of the Seventeenth of September, 1764, Intituled, "An
Ordinance for regulating and establishing the Courts of Judicature in this Province,**

CANADIAN ARCEIYES 8&

SESSIONAL PAPER No. 29b

or by any other Ordinance in Addition to or in Amendment or Explanation thereof :
And all Writs and Process whatsoever hereafter to be lawfully and regularly sued:
out of any of the said Courts, and made returnable the first or any other Return-Day
of the said Term, called Michaelmas, by this Ordinance established, are hereby declared.
to be good and valid.

GIVEN hy the Honorable PAULTJS .^IMILIUS IRVING, Esq: President of
His Majesty's Council, Commander in Chief of tliis Province, and Lieutenant-
Colonel of His Majesty's Army, at the Castle of Saint Lewis, in the City of
Quebec, this 26th Day of July, in the Sixth Year of His Majesty's Reign,
and in the Tear of Our Lord One Thousand Seven Hundred and Sixty-six.

P: iP^MIs. IRVING.
By Order of the Commander in Chief of the Province,
Ja. Potts, D. C. C.

An ORDINANCE, Repealing a former Ordinance of this Province, concerning the
summoning of Grand and Petty Juries.

WHEREAS it is judged expedient for the Inhabitants of the District of Montreal,
that the Chief-Justice of this Province should hold one or more Sessions of the
Supreme-Court of Judicature in every Year at the Town of Montreal, and that on
those Occasions the Juries attending on the said Court should be summoned from
the District of Montreal, and not from the Body of the Province at large, to the End
that the Facts that shall be contested in the Causes that shall be tried in the said
Sessions may be ascertained by the Oaths of good and lawful Men of the Neighbour-
hood of the Places where they have happened, according to the wholesom and ancient
Rules of the Common Law of England. And whereas it has been ordered by the
King's Most Excellent Majesty in His Privy Council, by an Order, dated the Twenty-
second Day of November, One Thousand Seven Hundred and Sixty-five, That a
Session should be held at Montreal, by the said Chief Justice, for the Trial of the
Persons suspected to be guilty of the outrageous Assault committed upon Mr. Thomas
Walker, of Montreal, on the Sixth of December, One Thousand Seven Hundred and
Sixty-four, and that the said Trial should be by a Jury of the Vicinage: It is Ordained
and Declared, by His Excellency the Lieutenant-Governor of this Province, by and
with the Advice and Consent of the Council of the same, That a certain Ordinance
of this Province, dated on the Ninth Day of March, in the Year of our Lord One
Thousand Seven Hundred and Sixty-five, and published in the Gazette of the said
Province, on Thursday the Twenty-Eight Day of the same Month, Intituled, " An
" Ordinance directing that all Grand and Petty-Juries hereafter to be summoned to
" serve at any Court of Record, Court of Assize and General Goal-Delivery, in this
" Province, shall be summoned and returned from the Body of the Province at large,
"without Distinction or Regard to the Vicinage of any particular District within
" the same," shall be, from the Day of the Date of the Publication hereof, totally void
and of no Effect, but shall be deemed to be hereby repealed and annulled to all Intents
and Purposes whatsoever; and that whenever a Session of the said Supreme-Court
of Judicature shall be held at the Town of Montreal, the Grand and Petty-Juries,
that shall attend thereat, shall be summoned from the District of Montreal only, and
not from the Body of the Province at large.

GIVEN by His Excellency the Honourable GUY CARLETON, Esquire, Lieute-
nant-Governor and Commander in Chief of the Province of Quebec, Briga-
, dier-General of His Majesty's Forces, &c. &c. In^ Council, at the Castle of

gg DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

■St Louis in the City of Quebec, on Tuesday the Twenty-seventh Day of
January, in the Seventh Year of His Majesty's Reign, One Thousand Seven
Hvndred and Sixty-seven.

GUY CAELETON.
By the Linutenant-Govemor's Command,

.Ta. Potts, D. C. C. '

CANADIAN ARCHIVES 87

SESSIONAL PAPER No. 29b

APPENDIX F.

MEMOKANDUM BY THE HONOURABLE TOUSSAINT POTHIER.

(It is undated and unaddressed, hut it is evidently intended for Sir James Kempt the
Governor General and was written in 1829.)

In order to state the causes, from whence the turbulent disposition, that has
evinced itself of late years in this Colony, appears to me to have arisen, and to pomt
out the deficiencies which exist in the various Departments entrusted with the dis-
charge of public duties, some narrative of the circumstances, that have led to the
ascendancy of the Popular Party, who hold so conspicuous a sway in the proceedings
of the House of Assembly, is necessary; and in giving it, the subject must unavoid-
ably lead to a free statement of opinions and discussion of the measures that appear
best adopted to allay the spirit of independence that is struggling for prepondrance,
and to counteract the evils that check the prosperity of the country.

It is an essential point towards the well-being of a Government that those in
whose hands the directing authority lies vested should investigate personally both
by self purchased and borrowed experience into the real state of things and the sources
of alleged grievance; in order, before applying the remedy, to guide the opinion,
which, when once maturely confirmed as to the fittest course to be adopted, should
bo firmly persevered in and unhesitatingly acted upon. Hitherto the local Govern-
ment of Canada has been deficient in steadiness of purpose — no fixed line of Policy
has been persevered in, and the present disorganized state of the Country is — the
natural result of such a vacillating system of Government more peculiarly pernicious
when local causes, arising from that innate prejudice which renders it diflacult
thoroughly to amalgamate the feelings and disposition of one People with those of
another, would singularly have called for a steady adherence to a fixed principle of
administration, which by impartiality might have softened the asperity of rival
pretentions, and by firmness have quelled the restless spirit of ambition, the inherent
offspring of such rivalry. During a period of twenty years, say from 1807 to 1827, this
Province has passed under the rule of eight different Administrators, independently
of some short Presidencies — I include in this Lord Dalhousie's period of Government
as two separate eras, the intermediate year of Sir Francis Burton's command having
given it the effect of two distinct administrations. Each alternate administration
has either invariably reversed the system of administration pursued by his predeces-
sor, or where a better discriminated course might have been adopted, untoward cir-
cumstances have rendered the period of Government too short to be productive of
any good results. The period to which I allude, commencing with the Administration
of Sir James Craig, with which His Excellency, Sir James Kempt is familiar, and
the fluctuating policy of the succeeding Governors down to His Excellency's immediate
Predecessor, the Earl of Dalhousie, being matter of public notoriety, it is not neces-
sary to enter into minute details of the proceedings held under each different rule;
but from hence has enamated the condensement, and expansion of those feelings of
Party Spirit, that have spread discontent and disunion throughout the Province, and
whose existence, tracing their origin up to antecedent times, from the earliest period
of the Establishment of British dominion in these Colonies, may be attributed to this
general principle; that the Governors on their arrival have allowed themselves to be
biassed in their opinion, and have formed their judgment of the country and tlie

88 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

people, upon the report of whatever individual might have had the earliest opportunity
of obtaining access to their confidence; the information they thus derived naturally
proceeding from persons in Government employ, mostly unacquainted vpith the natives
of the Country and prejudiced against the French origin, has led them into erroneous
conclusions as to the loyalty of the people, and induced them to exclude the Cana-
dian Gentry from places of honor or emolument, and to disregard them in matters
of politeness and attention. Other Governors, on the other hand, struck by the
injustice of the obvious preference bestovped upon the English Colonists above the
native proprietors of the soil, without inquiry or investigation, have as unguardedly,
listened to the angry clamours raised by the Members of the House of Assembly —
(which like all popular Assemblies must possess its "oppositionists"; aspiring men
who, devoid of other claims to notice, seek to curry favor with the ignorant by noisy
declamation against superior authority) — and in the anxiety to remove causes of
discontent, perhaps, too, Haltered by the pleasing halo of popular applause, have
indiscreetly raiv-ed tfi rank and authority, men unfit to be placed uppermost in the
sphere of political influence from the disposition they had evinced to thwart every
measure of Government, their inferior rank in life, and limited knowledge of the
world at large and of that just level of Society, which should be preserved to uphold
the governing and governed in a well poised scale of due amenity and subordination.
Thus the endeavour to set disputes at rest by silencing the noisy, has inadvertently
opened the lists to opposition and formed the ground work of the confidence and
power of the Demagogues who now so boldly set the executive power at
defiance. Here, then, lies the great source of evil; that the impartiality
which, as strangers uninfluenced by local interests, it might have been expected
would have guided the conduct of the Governors, has been destroyed, and " seeing
with the eyes of others," they have identified themselves with rival parties, political
jealousies have been bred and fostered and have increased in acrimony as each
adverse party has superseded the other in obtaining credence and favor for a brief
day. It now becomes an object of importance to discriminate how far the opposing
parties, whether Canadian or Anti-Canadian, who have exercised temporary influence
over the Executive Government, stand blended with the real interests of the Province
itself, and attached to the general prosperity of the British Empire at large, — to do
so it is necessary to review the past and actual state of the various ranks of society
in Canada, and as a native Canadian, I grieve that the retrospect will show a lament-
able deterioration in the once highly respectable class of its Nohlesse and Gentry.
And indeed this falling off in the upper class of Canadians is in a great degree
attributable to the conduct of the Executive towards them, for, neglected by the
Government and consequently held in light consideration by their English fellow-
subjects, who inferior to them in birth and station were placed above them by tho
hand of protecting power acting under the influence of national prejudice, the well
born Canadians were from cogent, but not from irremediable causes, withheld from
any interference in public affairs, and forced into a retirement, that had led to the
decay of their families and the destruction of their aristocratical influence so emi-
nently essential to the maintenance of a monarchical Government, especially when the
ruling authority stands controlled by a constitution so free and open to the admife-
sion of popular power as is the English; — the independent branch, that stands between
the authority of the King and the power of the people, is the equipoise, that sup-
ports this admirable tho' not faultless fabric, and the decay of so necessary a part
of the structure is forcibly felt here. The Canadian Seigneurs could not uphold
themselves without the countenance of the Government on account of the mediocrity
of their fortunes — the Seignorial revenues not being sufficient to meet the expenses
of bringing up a family in the towns, or adequate to support the style of living
required for mixing in society; the profit to be derived from the holding of public
situations, when added to territorial income, might have supplied this deficiency

CANADIAN ARCHIVES 89

SESSIONAL PAPER No. 29b

while the consideration attached to the enjoyment of such places would have upheld
the consequence of the Seigneurs among the English colonists, and have maintained
the influence, which from birth they yet exercised over the peasantry, who then in
the old French spirit yielded a cheerful and respectful deference to their acknow-
ledged superiors. But situations of emolument were bestowed by partial patronage,
and were almost universally filled by place hunters, strangers to the Laws of the
Country, enemies to the Religion of the people, ignorant of their language and pre-
judiced against their manners and customs. Let it be well understood, that in speak-
ing generally I do not mean to imply that there were no exceptions to the system of
exclusion, or that none of the public officers were qualified to hold the situations
entrusted to them, nor was the state of things I represent the rapid revolution of a
day, — it grew gradually from the causes I state of partiality and want of discrimi-
nation in placing the guidance of Departments into the hands of persons limited in
capacity and knowledge; and it was by degrees that the Canadian Gentry urged by
pecuniary considerations, retired to the country, and, mortified by not meeting with
the courtesy which was their due, yet too loyal from principle to seek to excite dis-
.content among the people against a Government to which they had pledged their
allegiance, forbore from taking any part in matters of public interest, became
dispirited and neglected the education of their families — hence their loss of influence ;
want of literary education and knowledge of the world, has sunk the consequence of
the succeeding generation below its proper level; the division of small properties
among large families, where the sons had no prospects of fortune, save the pittance
inherited from the fathers, has impoverished the inheritors of the names; and thus,
between ignorance and penury, many of the once highest families have sunk into
nonentity.

Unchecked by any counteracting influence, another lower set of Canadians has risen
under the shadow cast by the ruin of the older Houses; their ambition was awakened
by the rapid rise of the traders and other obscure individuals who came to the Colony
in quest of fortune and who found a ready access to her gifts, they sought a certain
education and naturally endowed with quick talents of perception, pushed themselves
on in the professions of Law and Medicine, or in pursuits of traffic, and acquired a
middling rank in society — ^by their acquirements they gained an ascendancy over the
more ignorant of their own sphere, stood for the Elections, were returned Members
of the House of Assembly and became dabblers in politics. Altho' I would not
identify them, as their detractors have done, as bad subjects and revolutionists, yet
are they imbued with the " Spirit of the Age " of which the native sons of England
herself have imbibed a good share — the meddling political mania inculcated by the
events of the revolutions and counter revolutions of France, upheld as doctrines
sacred to Liberty and the Rights of Man in all the doings of that eventful era, came
more immediately home to those who sought for literary recreation in productions
couched in their mother tongue and who shared a reminiscent feeling of affinity with
its actors, a feeling which would have lain totally dormant had it not been nurtured
by that unwise perpetuation of national jealousy which incessantly brought their
origin before them as an obnoxious inheritance to English eyes.

Acquitting them of any primary intention to act the practical part of the insur-
rectionary Lesson, it must yet be admitted that they adopted some portion of the
theory (witness the affinity in the late Constitutional meetings and the " Clubs " of
the last years of the past century in France) and found a ready key to popularity in
cries against oppression and abuses in Government, and declarations of willingnesB
to stand the devoted champions of the people. — Unopposed by any counteracting effort
on the part of the first class of the Canadians, who at first might have appealed with
kindred claims to popular confidence, the tide of popularity has run so impetuously
in their favour that any opposing attempt to stem the current and reach the haven
of representative power stands almost vain. — Thus does the faction headed by the

90 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

" Papineau and Viger Party " wield the privileges of the Commons at their will, and
grasping at power, the Assembly seeks to obtain an ascendancy over the Executive
and to fetter its independence by denying any permanent Bills of Supply. — A measure
which is effected would place the officers of Government under their annual control. —
The 'Struggle between the Executive and representative branches of the Legislature
thus owes its existence to the ambition of the leading members of the Assembly,
antagonists not to be despised, for they possess the advantage of talents that have
been the stepping stone for their preponderance, -whose aim, in the violent opposition
they have raised against Government is individually to secure to themselves lucrative
or honorable appointments — a view in which they are encouraged by the past practice
of bestowing places on those who have acted the part of Agitators; not only of late,
but in anterior years the same remedy has been resorted to and the glaring instance
of the very individuals who under Sir James Craig's Government were imprisoned as
Traitors or next to it, being subsequently, in the succeeding administration raised
to the Judicial dignity, is but a repetition of former appointments of a similar nature.
It seems rather an anomaly, but it is nevertheless the fact, that the Democrats have
been the persons who have been accredited by the Administrators of the Government,
whenever the Canadian Party have been preponderant in favour ; to them have places
and favours been dispensed, while less noisy but more respectable individuals have
been left disregarded. And it becomes a question how far the conversion of a popular
favorite into a seeming parasite of Government, operates towards the maintenance
of the authority of the Crown and the attainment of political tranquility throughout
the Country; — past experience and natural reasoning combine to shew the fallacy
of the measure. The natural independence of the human mind will ever lead the
multitude easily to accredit the assertion that those who rule them, wrong them;
therefore he who will loudly deprecate the abuses practised by superior authority,
unfold a string of grievances and hold himself forth to the people as the assertor of
their rights, will ever find a ready path to popularity. It is not the individual that
fascinates the eyes of the people, it is the doctrine that flatters their ear; induce its
now zealous professors to cease their declamations, any other individual who will take
up the insidious theme and act a similar part will in his turn become equally the
demi-god of the people. From this I do not infer that the common Canadians are
disloyal ; they are good subjects, not from principle but from content and indifference ;
the confidence they place in the leaders of the party is the natural result of political
ignorance and of the belief with which they are impressed, that it is thro' the exer-
tions of these persons that they are preserved from taxes and oppression — the popular
adherence to these individuals should then be attributed to feelings of confidence
and gratitude towards their representatives, but not to a disposition of hostility
towards the Government. If it be admitted that individual ambition is the incentive
that directs the leaders of the existing faction in a course of conduct tending to
shake the loyalty of the people and injure the influence of Government, that popularity
can readily be attained by any individual who may raise the voice of discontent
and who possesses sufficient address to work the Engine of Complaint so as to shape
out tools that may assist his own purposes from among the unsuspecting partisans
who fancy that they are uniting their men for the attainment of public good ; and
many such men are to be found, for transcendant abilities are not required to mis-
lead the ignorant; if these principles be admitted, then the erroneovis policy of
advancing to place and power, those who seek advancement by means so subversive
to the preservation of good order becomes apparent; it is a bait that will lure others
to track the same path — an encouragement to perpetuate inciters of discontent.
Besides it were unwise to increase in substance the mental influence which is already
too great. The undue ascendancy of the party commonly designated " The Papineau
and Viger Party " should not therefore be placed on a still firmer basis, and the
authority of its members increased by raising them higher in the social sphere; they

CANADIAN ARCHIVE,^ 91

SESSIONAL PAPER No. 29b

are already above their own level and should be kept within bounds. Thus time may-
diminish their power; for popularity, the idol of a day, requires to be fed and fostered
by circumstances tending to increase the consideration attached to its puppets ; if
advanced to local influence by the power of place, by respect and countenance from
higher authority, it begets an acknowledgment of superiority, a feeling of respect
that gives the popular favorite a more unbounded ascendancy over those who become
subservient to him by the regular rule of established authority as well as by the
influence of popularity. Firmness on the part of the Executive in resisting any
encroachments on its rights and prerogatives by the House of Assembly is essential,
in as much as that in Canada, where circumstances have_ contributed to bring the
several classes to the same level, the representative power undoubtedly gives a more
unchecked ascendancy to the people than it does in England; the elements of an
Aristocracy, hereditary rank and wealth, being wanting, there is no intermediate
independent Body, whose interests stand equally connected with the stability of the
Government and with the prosperity of the soil and the people, to interpose between
the undue exercise of power on the part of the Crown, and an over-assumption of
control on the part of the Commons. So that in order to keep a check on the over-
influence of the Popular Branch in the Assembly, it becomes essential so to constitute
the Legislative Council as to afford thro' its Members, some support to the Govern-
ment, otherwise the Crown would become solely a nominal branch of the Legislature.
Under these circumstances the plan of greatly increasing the number of Legislative
Councillors and placing that Body on a more extended scale does not appear judiciou.s.
because there are but few of the landed proprietors, men of independent principles
unshackled by the trammels of party, whose admission as Members would serve to
increase its respectability as a sejiarate Branch of the Legislature; by adding an
undue proportion of English-born subjects the jealousy and differences existing
between the Council and the Assembly would be increased; ibesides most of the
English in the Colony are, generally speaking, birds of passage, not peculiarly attached
to the interests of the soil or competent to judge of the measures most conducive to
its advantage ; and of the residents the most qualified are already on the existing list.
The Canadians, with few exceptions, may be counted as of the Popular Branch, and
would strenuously support the pretentions of the Assembly ; a too general admission
of this class would, therefore, form of the proceedings of the Council a second chapter
of the Journals of the Assembly, and the adoption of such a measure might conse-
quently prove dangerous to the interests of the Crown. Both a sufficient degree of
talent and liberality in opinion and some connection with the staple interests of the
Province should be necessary qualifications in the Members of the Council. It may
be proper to notice here a peculiarity attached to the situation of the landed proprie-
tors in this Country respecting the permanency of their interests in the soil, of which
the Governors should stand aware in order not to be led into error by appearances;
— there existing no entail on Seigniorial Properties, the Seigniories are marketable
objects and, readily brought to sale, are frequently held by speculative possessors who
are not attached to the real interest of the soil beyond a temporary investment of
property; traffickers in land instead of goods; or they pass into the hands of new
and needy proprietors, on credit, who subsequently are liable to have the property
seized on them in default of their ability to liquidate the purchase money. From
the nature of the Laws thus admitting the Seignorial Estates to partake of the un-
stable nature of the trader's stock of merchandise the being a Seigneur in possession
cannot consistently be admitted as conferring a claim to the holding a seat in the
Tipper Branch of the Provincial Legislature ; — it would give public admittance to
that Honourable House and place the legislative dignity within the reach of any
designing speculators. The mere title of ^^eigneur, therefore, unless supi^orted by
corresponding eligibility of station and character stands at naught in the scale of
respectability. Many an individual unpossessed of feudal acres might, thus considered.

92 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

greatly ovxtweigh the chance proprietor of the " Biens Nobles." Much has been said
on the impropriety of admitting Executive Councillors into the Legislative Council.
On this head it may be remarked that to form that body exclusively of the private
advisers of the Crown would undoubtedly destroy its independence and be an encroach-
ment on the Constitutional Rights of the Eepresentative Branch, in the same manner
as the admission of a majority of the popular power into the ranks of the Council
would be subversive of the authority of the Crown, because in either case two Branches
of the whole Legislative Body would become merged in one, and the spirit of the
Constitution would thereby be destroyed ; the foregoing argument has stated the
causes which, to avoid such an alternative, render it necessary that the Legislative
Council should possess members on whom the Government can place some dependence.
And it is a palpable fact that in a colony (but more especially in this Province, when
all the circumstances detailed in the preceding pages are considered) a sufficient
number of men calculated to render efficient service in so important a point as the
guidance of the Government are not to be found, to admit of keeping up a total separa-
tion in the Members of the two Councils. When the Constitution was first granted,
the Country was otherwise situated and a glance over the list of the Members of the
Lower House for the first Sessions of the Provincial Parliament will shew names as
respectable as any of the Upper House, now can boast of.

From the faulty system that has hitherto prevailed of bestowing appointments
of public importance, without discriminating whether the individuals nominated
were possessed of those qualifications specifically required to sustain each different
situation in a manner conducive to the Public benefit, much disorganization in the
various civil departments has ensued. Some of the existing evils can be enumerated:
In the general detail of the Courts of Justice, many causes of complaint exist;
without entering into the consideration of what may be the efficiency of the Bench
at Montreal, of which His Excellency the Administrator has had the opportunity to
form a personal opinion, I shall proceed to another branch dependent on the Court
and point out the disorder that exists in the Prothonotaries' Office as a glaring
grievance, so fraught with serious consequences to individual interests, generally,
that it essentially requires to be remarked; the Prothonotaries keep a too super-
ficial superintendence over the conduct of their office and leave the clerks too much
at their ovra discretion; it ensues that the duty of the office is always behind hand,
and applicants on business can rarely obtain the needful until after reiterated
renewals of their demand. A greater irregularity exists in the unrestrained access
to the Records and Archives allowed to interested persons ; so that it is in the power
of any individual, not over-scrupulous on principles of honour, to secrete papers
\mknown to the Prothonotaries, the loss of which may prove highly detrimental and
even destructive to the interests of the contending party ; it has happened that papers
exhibited in a suit have been detached from the file withouit a possibility of dis-
covering them, and others, some times even the whole record appertaining to a case,
have disappeared and not been recovered until a period of several terms has elapsed.
Whether mislaid thro' official neglect or purposely concealed by interested parties,
the delays and defaults occasioned in cases of Judiciary pursuit by such deficiencies
are extremely prejudicial to individuals, and the easy opening thus afforded to a
fraudulent detention of important documents cannot be too strongly deprecated.
The same negligence is observable as to the official Minutes of Office of deceased
Notaries, which are deposited among the Prothonotarial Records, and a total want
of order prevades their distribution; indeed generally all the papers appertaining
to this Public Registry lie equally insecure; besides which there is no method what-
soever observed in their classification and arrangement, so that the meeting with any
act that may be sought for, is a doubtful and sometimes proves a fruitless attempt.
An Article extracted from Neilson's Quebec Gazette of the l&th March, relative to
the confused state of the Montreal Records, is worthy of attention and is annexed
to these pages. —

CANADIAN ARCHIVES 93

SESSIONAL PAPER No. 29b

I now pass on to another Branch of Civil Authority highly important to tiie
general good order of the community — the Magistracy: — It would be entering into
superfluous detail to notice the many and frequent changes that have taken place
in the Lists of Commissions of the Peace within late years and the heterogenous
admission of all classes of characters to an office which, established for the preserva-
tion of social order, should assuredly be held by persons whose respectability would
enhance the deference which should be inculcated towards a body entrusted with
an object of such daily importance to the general moral welfare of the people. I
shall merely observe that in the country throughout the parishes and townships, the
Magistracy is too widely extended; if less numerous it might be more respectable
and consequently more efficient. In the towns the ordinary sittings and meetings
•of the Magistrates for all objects of Police, City Improvements, and regulations tend-
ing to promote good order and conducive to general amelioration, have suffered much
'(conjointly with the indistinct appellation to the Commission of the Peace above
mentioned) by the introduction of the office of chairman of the Quarter Sessions;
the appointment of this officer has banished the oldest and most respectable
Magistrates from taking part in the deliberations, and the whole control of the
general police actually rests in the hands of the person so appointed, supported by
a show of Magistracy in the person of a few individuals who are willing to attend
to give the sanction of their names to tlie proceedings in owjer that tlioy may bear
necessary force of law. In the Reports of the Special Committee on Petitions of
grievances that sat during the last Session of the Provincial Parliament the remarks
respecting the Magistracy of Montreal and the details given in evidence by the per-
sons who were called upon to give their testimony on that head are substantially
correct. The excitement of party feeling may have imparted somewhat too high a
colouring to some of the incidents adduced, but the substance of truth is there, and
a reference to these documents may give to an impartial observer a fair insight into
the causes of complaint; when they are fairly considered, the unwillingness of the
older Magistrates to continue to take an active part in the discharge of the duties
will not appear unfounded. That tlie Chairman of the Quarter Sessions for this
District, for a time acted the part of a Government Spy, and assumed the authority
of a general director of the Magistracy, and that uix)n his report the measure of con-
fidence placed in individuals (especially Canadians) of the highest respectability
3olely rested, are well authenticated facts; — therefore, that Magistrates older in years
and superior in station and character to the person thus placed above them as a
prejudiced reporter of their opinions and principles, should have shrunk from
rendering their disinterested services as subordinate assistance to him in the prose-
cution of the duties of his salaried office, is assuredly a natural circumstance; but it
is not alone on these discrepancies that I ground my objections to this office. The
Presidency at all meetings, bestowed by office on the salaried officer who is appointed
to conduct the general Police business under the special appellation of Chairman of
the Quarter Sessions, is incompatible with that due observance of the deference to the
superior Magistrates, which it is decorous to observe in the public sittings of that
body. I should therefore Suggest the aholition of the situation as it now stands and
the substitution of another appointment under the appellation of " Commissioner of
Police " or whatever other designation might be deemed appropriate. This " Com-
missioner," enjoying a salary as now does the Chairman of the Quarter Sessions,
might as heretofore be chosen from among the Members of the Bar, as it is necessary
that a person of legal experience should be in attendance to carry the business thro'
with all requisite formalities, &c. His trust would be to direct the office business and
carry on the general duty attached to the Commission of the Peace as does the present
functionary; also to preside at the private meetings of the Magistrates in order to
lay before them the business on which they are summoned and to take their opinion
on the subjects in deliberation; but at the General Quarter Sessions and in all other

94 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Public Sittings the Senior ^lagistrate present should take the presidency of the meet-
ing, and the "Commissioner" of Police attend in his place to guide the routine of
the Court. It must be observed that the person on whom this appointment might be
bestowed, would have to forego attending to professional avocations as a practising
lawyer, were he one; such untimely interruptions being incompatible with the regular
discharge of the Police duties. The inconvenience of these calls on the chief Func-
tionary of Police is not unfrequently felt and occasion delay in the prosecution of
the J'ublic service.

Among the subjects of dissention during the administration of the Earl of Dal-
housie, the Militia Difficulties were one of the greatest sources of excitement ; that
much of this arose from the want of permanency in the Provincial Laws, and that the
necessity of resorting to the old ordinances was the origin of, and the plea for the
spirit of insubordination evinced by many of its officers is undoubtedly the most
prominent cause of confusion that existed, but there were other evils that combined
to increase it. Had the Militia at the time been on a proper footing, had order and
method existed in the Department and the business been carried on with a systematic
attention to regularity, much of the eclat of the proceedings might have been avoided;
— in fact the general disorganisation proceeded as much from the irregularity of the
Department as from the political violence of Lord Dalhousie's enemies. A set of
papers I have had the honor to lay before His Excellency the Administrator respect-
ing the state of the Battalion under my orders may serve to give Llis Excellency some
idea of the degree of method that has prevailed in the direction of the Department.
Hence arose a series of contradictory orders, of placing and displacing of officers, of
changes from one Battalion to another, and disseverments of companies : while some
officers were causelessly removed from their Divisions as non-residents and placed on
the retired list, contemporary orders promoted others to Battalions belonging to
diilerent counties. This wavering state of things gave rise to murmurs and afforded
grounds for complaint which Lord Dalhousie's enemies did not fail to make use of,
and which very much contributed to raise the cry of injustice against his subsequent
measure of dismissing the officers who were taking an active part in the constitu-
tional meetings. The steps His Lordship took for the purpose of putting the old
Ordinances in force were both too hasty and not sufficiently firm for a time when
political feeling ran high. To ascertain the sentiments of the commanding officers,^
had the Adjutant-General separately addressed them stating the Commander-in-
Chief's intention to abide by the original law since the temporary act had expired,
and requiring them to signify their acquiescence to continue the duties of tlioir Bat-
talions in conformity to them, their answers, had they declined, would voluntarily
have put them off the list of officers and they could not have complained of being
unjustly dealt with in being destituted, since how could they hold an appointment
under an authority the legality of which they denied. Thus the refractory spirits
might have been quietly displaced without any display of angry feeling on the part
of Government, nor would any difficulty have ensued as to meeting with persons to
replace them, by devolving the command for the time being on the next oldest officer
in the Battalion willing to conform to the orders. Had such a plan been pursued I
do not think that resistance to the oixlinances would have been carried far ; indeed I am
inclined to believe that the plea of illegality was adopted by many rather as an instru-
ment of political enmity to be turned against Lord Dalhousie, than from any convic-
tion in their minds that the revived law was obsolete, and in support of this opinion
I look to the subsequent conduct of the partizans of that assertion, when last year at
Quebec a case was brought before the Courts of Justice of a nature to bring the ques-
tion to issue; not one of the many members of the Bar, who had strongly denied the
legality of the Militia Ordinances in desultory argument, then came forward to sus-
tain the plea; nay even some of these gentlemen whose advice had guided the plain-
tiff in forming the action, and who had moreover induced him to institute it, drew

CANADIAN ARCHIYES 95

SESSIONAL PAPER No. 29b

back when the question came to be pleaded, and by their defection, left the plaintiff's
suit unsupported. And here I would observe that in the enforcement of his act of
his Government, Lord Dalhousie allowed obstacles to be strewed in his path, without
taking effectual measures to remove them ; while some of the Militia men who refused
to do their duty were brought before the Summary Militia Courts held under the
authority of the revived ordinances, and subjected to penalty for their insubordina-
tion, those who instigated them to the act, the lawyers (who at the same time held
Militia Commissions) who in the public streets gratuitously gave their opinion against
the legality of the revival of the old Laws, were left unmolested. Since His Lordship
conceived that the emergency of the times warranted the exercise of authority in its
rigour, its application had been better directed towards turning aside the hands that
laid the obstructions, than wasted in endeavours to root up their work, and in so
doing the removal of the causes might have acted more efficaciously, towards the
eradication of the evil, than did the attention bestowed upon the effects. To the want
of prudence on the part of the Government and the want of order that pervaded the
Department, do I then mainly attribute the disorganization and insubordination that
was manifested in the Militia.

A cause of apprehension which entailed somewhat of a feeling of distrust towards
the Government, was incautiously spread among the inhabitants of this Province
by the discussions that were raised relative to language, and the promulgation of
the plan held in contemplation to establish the English tongue solely in
the Province by making it exclusively the language of the Courts of Law
and of all public proceedings and documents. Such a change even if practicable
would be most unwise. I say, if practicable, for to trench on that which is dearest
to a people, that which may be termed their natural rights, their religion and their
language, is a dangerous attempt. England has long beheld and still sees so fair a
portion of her Dominions struggling under the dissentions that have been created
by the exercise of control over one of those rights, that experience must assuredly
make her wary of ever opening a path that might lead any other of her subjects into
similar or parallel difficulties. After having been left in the undisturbed enjoyment
of their laws and free use of their original language for so many years,the Canadians
could not but consider the sudden retrenchment of the one in the light of a pre-
liminary step towards a change in all the civil institutions which the English
.Government had hitherto respected in this acquired appendage to the British Crown
— an act which would, appear far more coercive now, than it would have done at the
earlier period of the cession of the C'anadas, — ^besides it would be a useless display
of absolute authority; the daily intercourse between the Canadians of French origin
with their English fellow subjects, which will gradually extend as the English settle
more thickly in the Country, will spread the knowledge of the English Tongue quite
sufficiently for purposes of mutual good understanding; even at this moment, not-
withstanding the alarm and apprehension with which the Canadians view any
attempt to force the language of the mother Country upon them, it is daily becom-
ing more universally understood; in the towns all the youth attend the English
schools and throughout the Country the knowledge of that language has become a
branch of education in the families of all the Bourgeois; — so that the natural assimi-
lation produced by intercourse and time will intuitively bring about as much affinity
between the Canadian and English colonists as is desirable, without having recourse to
the enactments of power. Moreover, I should consider it bad policy on the part of
Government to seek to divest the Canadians of their old habits: these are the best
safeguard to British Dominion in the Canadas, the strongest barrier that can be
interposed between these Provinces and the neighbouring States: — keep the Cana-
dians a distinct people; while indulged in their nationalities and enjoying the
benefits of a liberal Government they cannot but be true to their allegiance — there-
fore essentially and substantially British, or English using the term as applied to

96 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

subjects of that "Realm: — Make them practically English by language and customs;
will they be then as distinctly separated from their American neighbours as they
now are? By assimilating their language and laws and thus setting open the door
to friendly companionship, will not the mere duty of separate allegiance (unsupported
by that strong link of connection with the State that claims their fealty, the heredi-
tary national pride which attaches the Scions to the Banner of their Forefathers)
constituting the difference between the English colonist and the American citizen,
stand a far less perceptible breach between them, than does the widely marked dis-
tinction that exists between "le Peuple Canadien" and the American Nation ?
Upon these grounds I should consider the plan of adopting the change alluded to aa
unwise measure in policy, which might prove pernicious in its effects. as well aa
dangerous in the attainment. It would be far wiser, instead of constantly holding
up the difference in customs as a distinction of nation, to endeavour by constant
assimilation of both Canadians and English in matters not only of politics but of
sociability and by bestowing an equal and impartial share of attention and favour
upon both, to extinguish jealousies and excite that spirit of a common interest which
should animate the inhabitants of a common soil, — the avoidance of petty differences
may do much towards promoting unanimity and cordiality in matters of higher
importance, and among such little causes I would mention one which however it
may seem trivial in itself, nevertheless bears upon this desirable harmony of the
whole — I mean the designated place in precedence which should devolve to each
station ; it is a subject frequently questioned and the proper rank to be assigned to
the Speaker of the House of Assembly has in particular occasioned much alter-
cation of late; were a regular rule of precedence established it would contribute to
general good order, as assigned to each their proper place would set all such argu-
ments at rest.

It would be pursuing the subject too far to enter into detailed remarks upon the
great deficiency of beneficial laws and institutions that sensibly retard the improve-
ment of the Country; one of the greatest evils produced by the angry temper of the
several Branches of the Provincial Legislature in their reciprocal proceedings haa
been the neglect of these important points, so essentially necessary both to the general
prosperity and individual interests of the Province; it were needless to enumerate
the provisions that would contribute to the attainment of the great aim to which
Legislative labours should be directed, the public good; most of them have already
been proposed or partially suggested at different times, and His Excellency Sir James
Kempt has, altho' yet at an early period of his Administration acquired a sufficient
knowledge of the localities of the Country to form some estimation of the nature of
the laws and improvements which would most especially facilitate the development
of its resources. The injudicious allotment of the Crown and Clergy Reserves which
is a great obstacle to the improvement of roads and the extension of contiguous
settlements throughout the Townships, may also probably have come under His Excel-
lency's observation; in fact the general misapplication of the King's Domain haa
been detrimental to the settlement of the Country — not only the Reserves but the
Government Grants to individuals have been conducted injudiciously and with par-
tiality; in many instances large tracts of land have been bestowed on absentees or
others who uninterested in the soil have left it a wilderness, while many enterprising
or industrious individuals in the Colony who might better have fulfilled the primary
object of concession, have not had sufficient credit to obtain a similar indulgence;
and again in dividing off the Townships from the Seignories, owing to the interfer-
ence of intrigues, the Government has wrangled with the proprietors of the latter for
an accidental extension of a few acres, and rigidly set bounds to the possessions of
those who already carrying on improvements might have continued their settlements
further had the land been allotted to them — thus taking from those who were pursu-
ing the actual settlement of the land to bestow the grants upon persons who have left

CANADIAX ARCHIVES 97

SESSIONAL PAPER No. 29b

them for years in an uncultivated state. I can adduce an instance of such encroach-
ment by Government upon the actually established lands of a Seigniory. The Seigno-
rial Titles are not always extremely definite as to limits and in this instance the line
had been established by the original Grantee of the property, according to what was
considered the extent of his' title deed, and the property so possessed having subse-
quently passed by sale into other hands became established at its extreme limits ; on
the erection of an adjacent Township the Government in running the line claimed
an encroachment on the Crown Lands by the existing original line of the Seigniory
and threatened to sue the Proprietor, who, after repeated and unavailing efforts to
effect an arrangement, consented to compromise his claim, rather than to enter into
the intricacies and expenses of a lawsuit with the Crown, and had to divest himself
of part of his settled lands that they might be given to others who have not taken a
single step towards their improvement since they have held them in possession. But
to enter on the topic of settlement and emigration would extend an already voluminous
narrative to too wide a field. Before, however, closing these pages, there is yet a
subject too closely connected with the maintenance of Government influence in this
Province, to be passed over wholly in silence — I allude to the connecting link between
the Government and the people that exists thro' the medium of the Clergy. It should
be an object of attentive care with the former to secure the influence of the Catholic
Clergy over the people in favor of the Crown; the acknowledged loyalty of that Body
has ever been one of the best supports of the British Government in Canada, and the
Executive authority should be mindful to retain so important a stay to its power, by
a judicious application of the control which the Crown possesses over the nomination
of the Bishop. Upon the head of the Provincial Clergy depends the whole conduct of
that Body, and many of the Canadian Priests being linked to the popular party by
ties of consanguinity and companionship it becomes desirable that the Bishop should
be a man of liberal and enlightened sentiments, who independently of the general
principle of the duty of civil allegiance and obedience to established authority incul-
cated by the tenets of the Catholic Faith, would, by precept and example, guide his
clergy in the strict path of duty and prevent their deviating therefrom by any inter-
ference in matters foreign to the nature of the sacred duties they profess. During
the warmly contested Elections of 1827, complaints were made that in two or three
instances the parish curates had taken a more active part in the public canvassing
than was consistent with the orderly example they should have shown to their par-
ishoners. This evil, like many others, arose from mismanagement on the part of the
Government. At the death of the late Bishop Piessis in the close of 1825 — the Popular
Party were already deeply engaged in political contention, and an intrigue which he
had countenanced, that of endeavouring to intrude Mr. Lartigue, a connection of
theirs, into the functions of Diocesan Bishop of the District of Montreal, to the pre-
judice of the influence enjoyed by the Gentlemen of the St. Sulpician Seminary, had
evinced that the popular leaders were seeking to strengthen their favor with the
people by uniting to it some ascendancy in the Church. These circumstances I should
conceive warranted the Administration to use caution in sanctioning the choice of a
Successor to the Episcopal Dignity; this precaution was neglected and the hasty
approval of the Coadjutor then named to the Bishop of the Diocese was an ill-judged
compliance on the part of the Governor which some inquiry' might have warned him
to withhold; the succeeding Prelate to Bishop Plessis being a venerable old man who
had hitherto led a retired life, unoccupied by passing events, and who from age,
habits and scope of natural faculties, was not calculated to suppress the spirit of
intrigue which the machinations of amhition had artfully introduced into the Ecclesi-
astical Body and thereby unfit for a station which demanded qualifications beyond
the mere range of private worth and virtues. The Canadian Clergy possess Members
whose intellectual qualities and enlightened minds would qualify them to meet the
difficulties of such a situation. A Coadjutor of this stamp might have guided the
29b— 7

98 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

veteran Ecclesiastic in the discharge of his pastoral duties, and through such a
medium, independently of the prospective aim to an efficient succession to the See,
the immediate opening to the rising preponderance of the " Party " might have been
averted. A more judicious selection should in future be observed to prevent the recur-
rence of any symptoms of a disposition to swerve from that strict adherence to the
interests of the Crown which has invariably been displayed by the highly respectable
members of the French Clergy, the ornaments of the Catholic Church in Canada, than
whom more loyal and zealous subjects England does not possess. As to the legal
diiferences that have formed the grounds of dispute between Mr. Lartigue, Bishop of
Telmesse, and the Church Wardens of the Parish of Montreal, they rest upon the
distinction to be made between a Diocesan Bishop enjoying right of Ecclesiastical
Jurisdiction, or a Bishop In Partibus possessing the same spiritual authority in the
discharge of functions purely religious, but holding no temporal authority of Juris-
diction. The Episcopal Dignity having been conferred on Mr. Lartigue, by attach-
ment to a nominal distant See, the Spiritual power is that alone which he possesses
without the range of his nominal Bishopric. But the Bishop of Telmesse in virtue
of holding some delegated authorities from the Bishop of Quebec, having arrogated a
claim to certain rights inseparably attached to the possession of Jurisdiction, the
Church Wardens of Montreal steadily resisted the undue assumption of a power
appertaining exclusively to a Diocesan Bishop, and as such the Bishop of Quebec
stands solely recognized by law in the Province of Lower Canada. The Priests of
the Seminary in Montreal without taking any ostensible part in the contention, never-
theless adhered to the line of conduct adopted by the Church Wardens in respect to
withstanding any attempt at infringement on matters of Jurisdiction, and thereby
became implicated in the feud in which others of the Clergy began to take part. Mr.
Chaboillez, cure of Longueuil. in particular warmly and ably sustained the argument
against the pretentions of the Bishop of Telmesse. In further explication of the
Ecclesiastical rights claimed by the latter, I subjoin a communication signed
" Cephas " taken from the Montreal Gazette of the 2'7th July, which on perusal struck
me as exhibiting a true and accurate statement of the case: His Excellency, if
desirous of further details can, I imagine easily procure Mr. Chaboillez' Pamphlets
on the subject.

The condensed sketch I have given may suffice to shew that the differences of
recent birth that have agitated the " Church " in Canada, take their origin from the
same source whence have sprung the dissentions that have prevailed in the " State "-—
namely, the intrigues of the ambitious seeking to acquire preponderance and power
despite the regulating bounds of established authority.

CANADIAy ARCHIVES

99

SESSIONAL PAPER No. 29b

APPENDIX G.

CALENDAK OF THE PUBLIC LETTERS IN THE NEILSON"
COLLECTION BETWEEN THE YEARS 1801 AND 1824.

York.

Aug. 20, 1801.

York.

Aug. 31, 1801.

York.

Jan. 17, 1802.

Berthier.
Dec. 26, 1802.

Sunday evening,
1803.

29b— 7^

John Bennett to John Neilson. Take.s the occasion of first letter
from York to describe his trip, the town of York and his own cir-
cumstances and prospects. He gives a vivid account of the trip on
the lake, which in his opinion differs from the Atlantic only in its
magnitude. York, which 7 years before was a complete wilderness,
has now 100 houses or more. Settlers coming in from all parts,
even so remote as Pennsylvania. Yonge street is well settled by
French and Americans. The country about is thickly inhabited.
Provisions of all kinds, except flour, very dear and scarce. Bennett
was appointed King's Printer for Upper Canada, his predecessor
being peremptorily ejected. The salary is £100 currency, that is
£60, with £40 lodging money. The printing of the laws and journal,
which have not been printed is extra. £300 is allowed for that.
The rest of the letter is taken up with business matters.

J. Bennett to J. Neilson. The Lieut.-Governor is leaving for
Kingston on the following day. Bennett urges Neilson to send him
a good supply of printing paper. He has been commissioned to
print the laws from the beginning. Tiifany ^^t Niagara applied for
the commission, but his application was unanswered.

J. Bennett to J. Neilson. Business affairs. As Bennett was at
this time King's Printer for L^pper Canada, the following extract,
illustrating his difficulties through the impossibity of getting sup-
plies during the winter, will be found interesting: "I am to print
the laws from the commencement, together with the laws and journals
of next session, and as near as I can calculate, I shall want for this
work about 40 or 50 bundles (of demy pai>er), also 1 or 2 bundles
demy blue covering paper, about 6 or 8 bundles Crown for the
Gazette. I have used up all the Crown I brought up with me long
ago and purchased all I could here, and am now reduced to the
disagreeable necessity of printing on blue covering paper for my
subscribers. I also purchased 2 bundles demy from Radford through
the means of Mr. Brown, it arrived here with that you sent me in
the fall and was of great help. I printed 1,500 copies of the laws.
I could not muster paper for more; 2,000 copies were ordered — the
Journals are nearly two-thirds finished, but I am afraid I shall not
be able to complete them till the arrival of the paper in the spring."
General Hunter is particularly interested in having complete set of
laws. There is hardly a complete set in the province.

James Cuthbert to J. Neilson. Commending the prospectus of
the British American Advertiser, offering to become a correspondent,
and subscribing for it.

Wm. Smith to J. Neilson. He is sending material promised for
a new publication. Is apprehensive that, if too liberal with informa-

100

DEPARTMEXT OF THE SECRETARY OF STATE

Quebec,

May 2, 1803.

Boucherville,
July 12, 1803.

York,

Jan. 1. 1805.

Quebec,
March 9, 1805.

Sept., 1805.

Laprairie,

May 10 1806.

4 GEORGE v., A. 1914

tion he may injure his forthcoming' book. He and Sewell of opinion
that there should be periodical meetings of Neilson's friends that
nothing' may appear in the Gazette " but what may be as .serviceable
to the country as creditable to the editor of the publication." Sewell
has a large number of letters which he intends to publish, relating
to public men in the United States. The new journal should be
interesting. It would be well to have several original pieces. Cald-
well and Blanchet should be set to work. Young might deal with
commercial extension, and Pyke and Bowen with the doings of the
Courts.

List of the Assessors for the city of Quebec for the years from
1796 to 1802, both inclusive.

A warrant signed by Lieutenant-Governor R. S. Milnes for the
payment of the annuity of Wm. Osgoode, late Chief Justice.

J. Quesnel to J. Neilson. Regretting the ill-success which has
attended Neilson's publication the Hehdomadaire, and suggesting at
some length how such a publication might be made to succeed in
such a country as this.

J. Bennett to J. Neilson. Explaining the absence of letters from
him to Neilson, he mentions the wreck of the vessel Speedy, by
which many people of York lost their lives. He gives in detail an
account of his difficulties with the Government respecting his accounts
for printing, attributing the trouble to the unjust and overbearing
conduct of Chief Justice Allcoek. Resrpecting Mr. Jarvis' indebted-
ness to Neilson, he got an execution against the household pro-
perty of the former. The Solicitor General who issued the execution
was lost in the Speedy. He encloses two accounts.

Estimate of cost of printing Smith's " History." " The printing
of an 8™ volume containing 344 pages, pica type, will cost £71-13-4
for the first 100 copies and £11-18-4 for every additional hundred."

Draft of a petition addressed to the Honourable Thomas Dunn,
Administrator of the Government by the creditors of the late Honour-
able Hugh Finlay, asking for such a distribution of the assets of
the estate, as the Administrator shall deem proper.

Rev. J. B. Boucher to J. Neilson. Sending remarks on Ambury's
letters for publication, if Neilson judges proper. Ambury has much
merit, and something may be allowed to his prejudices, but it is
difficult to write of his observations without bitterness.

He has some interesting news to give regarding the death of
Jumonville. The French declared war in 1754 against the English
on the occasion of the death of Jumonville, killed, as was said at
the time, by a musket ball while he was delivering an oration, as
ambassador, at Fort Necessity. An Indian, wounded mortally and
who expired almost immediately after uttering the name of Jumon-
ville, to M. Devilliers his brother, remained alone of all the detach-
ment to tell the news. Such is the subject of the Poem of Jumon-
ville composed by Mr. Thomas.

The story is false. The party of scouts led by Jumonville was met
in a valley by a detachment of English and Indians commanded, it
is said, by Washington. The English discharged a volley which
brought down Jumonville, who certainly did not make the speech
attributed to him by Mr. Thomas. Mr. Boucher states that he had
this information from a gentleman, who was but a few steps away
when Jumonville fell. The same account was given to Mr. Boucher

CANADIAN ARCHIVES

101

SESSIONAL PAPER No. 29b

York,

Jan. 1, 1807.

Montreal,
Feb. 28, 1807.

Quebec,

Sept. 7, 1807.

Quebec,

Sept. 21, 1807.

Quebec,

Oct. 14, 1807.

Montreal,
April 10, 1809.

Quebec,

July 21, 1809.

Quebec,

Aug. 21, 1809.

Montieal,
Dec. 21, 1809.

1809.
Thursday morninc

1809.

Quebec,

1810.

Three Rivers,
1810.

by another gentleman to whom it was told with the same circum-
stances by a person who formed one of the scouting party. Both
these witnesses are respectable and well educated. Jumonville had,
it is> true, a commission to enter into pourparlers with the English,
but he was also furnished with a commission to attack the English,
if his party was the stronger.

J. Bennett to J. Neilson. Ilis affairs promise better, owing to the
Lieut.-Governor's kindness. Mr. Weekes, to whom a piece of business
should have been entrusted, fell in a duel with Wm. Dickson of
Niagara. Both men in the same party. The duel arose from Party
business.

James Brown to J. Neilson. He is about to print a paper called
the British Colonist or Canadian Gazette, and asks Neilson to print
the prospectus and to accept the agency for the paper.

J. F. Perreault, Major, T^ Batt., to J. Neilson. Stating that
Pierre Bedard had asked him if he (Bedard) had been recommended
for a command in the Militia. Perreault asked him how he could
expect such an appointment, since he had given practically no atten-
tion to the militia since the Militia Act came into force. Perreault
told him that if he desired to have an appointment, his application
would be forwarded to the Staff officers.

This is all there is in the charge made in Le CanacUen respecting
patelinage.

J. F. Perreault to J. Neilson. With further reference to the
same matter.

J. Sewell to J. Neilson. Notice of an action for libel on Mr.
Perreault, published in Gazette under signature of P. Bedard.

James Brown to J. Neilson. Stating that he has made arrange-
ments, in association with another gentleman, for the purchase of
a paper mill, which will have a productive power equal to supplying
all the paper required for newspapers in the country. Some other
business matters.

Justin McCarthy to J. Neilson. He has been at the printing-
office for a proof of his work; is disappointed to learn that it will
not be ready for some time. Urges haste.

Justin McCarthy to J. Neilson. Regrets delay in pushing forward
work on his book. Since the issue of his advertisement of the work,
eight subscribers have died, and three have left the province.

T. Osg'ood to J. Neilson. Has been making books and boxes for
children. He is sending one set to the Governor. He wished to
send a set each to the Catholic bishop, the Protestant bishop, the Rev.
Mr. Sparks, the Rev. Mr. Dick, to the Methodist clergymen, and to
the Chief Justice, but the post could not carry them. Asks Neilson's
assistance.

J. McCarthy to Mr. Neilson. Asks him to commence the printing
of the Dictionary as he promised to do after the completion of the
pamphlet of the Literary Society.

Estimates for the printing of some work (presumably the History)
by Wm. Smith. There are four sheets.

W. Smith to J. Neilson. Urging haste in printing of publication.
He has an offer of £200 for 200 volumes. Should he accept such an
offer ?

Return of Baptisms, Marriages and Burials in the district of
Three Rivers for the year 1810. (Certified.)

102

DEPARTMENT OF THE SECRETARY OF STATE

Quebec,

March 2, 1811.

Quebec,
April 4, 1811.

Montreal,
June 11, 1811.

Montreal,
Nov. 16, 1811.

Montreal,
Nov. IS, 1811.

May 19, 1812.

Pointe au-K Trem-

b'es,

June 7, 1812.

Montreal,
July 19, 1812.

4 GEORGE v., A. 1914

John Cuvillier to John Xeilson. He is not receiviiig any letters
.from his friends in England. Imagines they may be lying in some
American post office.

J. Neilson to West & Blake, Boston. Negotiating on behalf of
W. Smith for the publication of the History of Canada, by that firm
for the American market. Mr. Smith would place the work in their
hands for half a dollar for each volume sold.

James McGill to J. Mure. Regarding the Finlay estate. There
was a suit to have the boundary fixed between Finlay's property and
that of General Burton. Two experts visited the district in July
and August previous, but they disagreed, and each made a report.
A motion was made before the Court for the appointment of a third
expert, but objection was made that the Crown was concerned, and
an order was given directing that the Solicitor-General be made
acquainted with the facts. When a copy of the judgment was
required from the prothonotary, it could not be found; and a new
judgment will be obtained and served. The result is quite uncer-
tain.

(There is also a copy of this letter in the collection.)

T. Osgood to J. Neilson. He and some other are attempting to
form a small book company. Mr. Mower will take five shares, and
he hopes Mr. iS'eilson and Mr. Desbarats will do as well, seeing the
plan will help printers, bookbinders and booksellers.

The company is to be the Canada Book Company and he is going
to ask the Bishop and Dr. Sparks to act as judges of publication.
He goes into some details of the business.

T. Osgood to the Rev. Dr. Spark. Stating that a scheme is pro-
posed for the publication of as many useful books for circulating
libraries and charitable distribution as possible. The Rev. Dr.
Mountain approves of the design and has consented to act as one
of the judges of the publications proposed, and the hope is expressed
that Dr. SparlvS may feel disposed to undertake the same duty.

A certified copy of an Act to continue for a limited time and
amend an Act passed in the forty-third year of His Majesty's reign
entitled " An Act for the better Regulation of the Militia of this
Province to repeal certain Acts or Ordinances therein mentioned."

J. B. Frechette to J. Neilson. Giving an account of the militia,
to which he is attached, under the command of DeSalaberry. He
hears that it has been reported that they are in much distress, which
he denies. There have been some desertions, but the deserters have
been brought back. There are 550 of the militia there. They appear
well satisfied with their provisions, and with Mr. DeSalaberry. Mr.
Woolsey has made him sergeant in his company. The company
consists of 55 men. They are obliged to travel two leagues daily
for exercise.

J. W. Woolsey to J. Neilson. With reference to the discharge of
the duties of treasurer of the Benevolent Society during his absence
with the troops.

His battalion left Long Point that morning for Blairfindie to
take up their quarters. The ranks are composed of a fine set of
young men whose conduct is verj' meritorious with the exception of
about a dozen, chiefly from town. The deserters are nearly all
returned. Out of six in his company only one is absent.

CAXADIAX ARCHIVES

103

SESSIONAL PAPER No. 29b

Ste Marguerite da
Blairflndie,
July 29, 1S12.

Eaton,

Aug. 2, 1812.

On board the
Lady Shaw, near
Kamouraska,
Nov. 13, 1812.

1812.
1813.

Jany. IS, l&lj

Jany. 2.5, 1813.

Trois-Rivieres,
Jany. 28, 1S13.

Trois-Rivieres,
Janv. 30, 1813.

Trois-Rivieres,
Jany. 20, 1813.

Trois-Rivi&res,
Feb. 20, 1813.

J. B. Frechette to J. Neilson. Ha:^ had fourteen days marching,
but is very well. There is no sign of war. They hope to return
about October.

Sergeant Guyn is dead.

An address by Joshua Preble, schoolmaster of the township of
Eaton to the inhabitants of the township on petitioning the Gov-
ernor for arms and ammunition.

T. Osgood to J. Neilson. Business matters. Proposes advertising
a Canadian Bank on a new principle, the funds heing devoted to
buildings for the poor and needy. The compensations to be those
usually assured to those who lend to the Lord.

Sketch of a Bill for the taking of the Census in Lower Canada.
It is in John Xeilson's handwriting.

List of officers employed on lake Ontario in 1813. The list con-
tains the information respecting six ships of war, which carried
100 guns in all.

An Order of the Assembly directing John ISTeilson to attend the
Committee of the whole House to explain the delay in the printing
of the laws of the previous session. i

An Order of the Assembly directing John JSTeilson to attend the
Committee of the whole House to explain the delay in the printing
of the laws of the previous session.

P. Bedard to J. Neilson. Speaks of the pleasure JSTeilson's letters
give him. Invites him to pay a visit to Trois-Rivieres.

P. Bedard to J. JSTeilson. The Assembly resolutions regarding
Martial Law originated in an idea of Mr. Stuart, which he (Bedard)
regarded as incorrect.

Embargos are against law, and excusable from necessity only.
The Assembly might have declared against the law, but they should
have unanimously approved of the Governor and Council having
established embargos. The safety of the State is supreme law. The
power exerci.sed by Governor and Council not to be feared. Those
employing illegal powers do so at their own risk, which is guarantee
that they will not be used except in cases of necessity.

P. Bedard to J. Neilson. Thanks him for the clear account he
gives of the proceedings in the Legislature. On the question of
privilege, he would give no opinion without consulting the prece-
dents. He believed that the Council had the privilege. He does
not know whether any ceremony on the part of the Assembly was
necessary. In ordinary cases when a member has been summoned
as a witness, he does not at once respond, but he asks the permission
of the Assembly, which is granted in all cases, Bedard believes. It
is another question whether Council should refuse in the case in
hand, and Bedard considers that it expedient that permission should
have been given. Otherwise it would have been shown to be opposed
to the disclosure of the truth.

P. Bedard to J. Neilson. Neilson's letter represents vividly the
inconveniences of which the Governor is probably ignorant. He
sees the necessity of the allowance being granted to the women and
children. The strongest motive with the militia is the defence of
their families, and in the case set forth by Neilson, they would have to
begin by sacrificing them. Bourdages says the Governor thought
that the Captains of Militia would have the good sense to give
orders, which would make up for the failure to pass the Bill, which

104

DEPARTMEXT OF THE fiECRETARY OF STATE

London,

March 19, 1913.

Montreal,
April 4, 1813.

York,

April 6, 1813.

Trois-Rivieres,
April 20, 1813.

4 GEORGE v., A. 1914

classifies the militia, and that they would order out in the first jjlace
the unmarried men and so on. The drawing of lots would upset
everything. Representations should be made of the insurmountable
inconveniences. The " substitute " clause would have diminished the
evil, in enabling those who are required at home and have the means,
to remain at home to work their farms. Service would have been
a help to those in want. Bourdages and Papineau tell him the Gov-
ernor takes sides with the Assembly, and is not well pleased with
the Council. He mentions Rientor, Taschereau and Bourdages,
speaking of the disappointment of the last, as regards an appoint-
ment; also, the illness of Mr. Vassal (the Adjutantr General) and the
likelihood of Taschereau succeeding. " C'est une terrible charge
que d'etre Gouverneur."

He hears the two " grands juges " are to meet in March, pro-
bably regarding the Rules of Practice of the poor District of Trois-
Rivieres, " which is like a child nursed by two mothers and is likely
to be choked with attention unless it can digest two meals at once."

Thaddeus Osgood to J. Neilson. Has arrived in England after
a voyage of seven weeks. Reports that he has prospects of assist-
ance in his charitable schemes.

D. Pastorius to " brother and sister." Giving an account of
events at Amherstburg while he was there. A few days after his
arrival, war was declared, and things were in a disturbed state until
the surrender of Detroit (16 Aug. 1812). From that time quiet
reigned until the ISth Jan'y. when the British advance party at
River Raisin was attacked by 800 of the enemy, and obliged to
retreat to Maiden. On the 21st the British set out to meet the
Americans, and at break of day next morning attacked them with a
hot fire which caused upwards of half the enemy to retreat after the
second shot. As the Americans took to the woods, the Indians '* gave
a good account of them." The General did not appear in the engage-
ment, but was making the best of his way for the rapids with two
officers and an interpreter. But an Indian named Jack Brandy
having a fast horse, outran them, and stopped the general and his
three companions, until other Indians came up and took them
prisoners, although the Americans were well armed with sword and
pistols. Many of the battles have been gained by the whoops of the
Indians which to those unused, appear more like an earthquake than
anything else. The noise we made was more terrifying to the enemy
than the roaring of the guns. The contest lasted till about 10 o'clock
when we had the pleasure of seeing our foes lay down their arms,
and in a very little time I took off my disguise and dissembled no
more the Indian for that day.

The rest of the letter gives purely personal news.

Dr. John Strachan to J. Neilson. He is drawing up a topo-
graphical account of Upper Canada, and by way of introduction
propose to give a general view of both provinces. Desires a copy
of such numbers of the Gazette as may be of assistance. Many of
the papers in the Gazette, particularly those relating to the impress-
ment of seamen, strike him as very good.

P. Bedard to J. Neilson. A gossipping letter of only personal
interest. He says at the end that subscriptions are being raised for
the poor, but that this will do little good, as subscriptions will not
furnish an extra blade of corn.

CAXADIAX ARCHIVES

105

SESSIONAL PAPER No. 29b

Trois-RiviSres,
May 30, 1813.

Trois-Rivi6res,
July 7, 1813.

Trois-Rivi$res,
Nov., 1813.

Quebec,

Dec. 27, 1813.

Trois-Rivi&res,
Jany. 22, 1814.

Trois-RiviSres,
Feb. 17, 1814.

Trois-Rivi^res,
Feb. 22, 1814.

P. Bedard to J. ISTeilson. Makes excuses for not writing. Asks
if Neilson has seen the first number of the Spectateur. It was Mr.
Viger who wrote that number from end to end.

P. Bedard to J. Neilson. Personal remarks. The only news he
has is the following-, which does honour to the district, to the town
and even to the Justice of Trois-Rivieres. Mr. Fraser, clerk of the
Court of King's Bench, has been visiting his father in Upper Canada
lately. He and his brother were out in a canoe fishing, when there
came in sight an American vessel. Mr. Eraser's brother turned
back to get two guns, and they moved towards the vessel, Mr. Fraser
of Trois-Rivieres in the stern and his brother in the bow. When
they came within 100 paces of the vessel, the brother summoned the
captain of the vessel to come on board the canoe. The captain
demurring, Mr. Eraser's brother put his musket to his shoulder, and
the American captain came down. The vessel was laden with pro-
visions.

P. Bedard to J. Neilson. Personal aifairs. Great outcry is made
among the English as to what has taken place in Upper Canada.
The " Craigistes " maintain constant criticism of Governor. The
reproaches cast upon the Governor tend to do great harm in lessening
confidence in the Governor on the part of citizens and militia.

There has been a pretty good harvest.

Thanks Neilson for his kind words on the conduct of the Cana-
dians at Chateauguay. " Your compatriots are so set in their pre-
judices against the Canadians that the greatest miracles would fail
to open their minds." The Chief Justice desires to discuss with
Bedard the Rules of Practice.

Copy of a certificate signed by a number of leading citizens, as
to the fitness of Joseph Geauvreau for the duties of Road Inspector
for the town and suburbs of Quebec.

P. Bedard to J. Neilson. Judges are petitioning Colonial Secretary
for increase of salaiy, and he is signing, adding a note asking to be
put on an equality with other judges.

P. Bedard to J. Neilson. Personal aifairs. As a proof that the
administration will not appoint a Canadian to office unless he is
devoted to the administration is given the fact that Mr. Panet,
Speaker of the House for so long, has never been made an Executive
Councillor. There appears no reason for this, except that he is
attached to the Canadians.

P. Bedard to J. Neilson. Respecting proposed mission to Eng-
land to carry address of House.

As to the Army Bills under discussion in the House, he has some
criticisms to make. If the commissioners were restricted to declaring
the rate of exchange just as it was on the spot at Quebec, the result
would be great inconvenience. There seems to be an idea that the
rate should be the lowest possible, which Bedard considers a mistake.
The effect would be unduly to lower the value of the Bills. The
greateist danger to avoid is uncertainty in the rate, which may arise
from the Commissioners trying to realize an ideal of equity, which
is unattainable. The nominal value of the bills is of no conse-
quence; the value in exchange is everything. The best thing would
be for the government to fix the exch&nge value. Here is his idea
of preventing the nominal value from exceeding the real value of
the bills. It is necessary, first, that for £100 of bills, one may have

106 DEPAIiTMEXT OF THE S'ECRET.iRT OF STATE

4 GEORGE v., A. 1914

here a bill of exchange for which he may have in England a quantity
of bank bills sufficient to buy £100 in England; chen it would be
necessary to add the highest rate of exchange against England, since
for the next twelve months, being a period of war, England having
much more need of funds in Canada than the provinces have of
funds in England, the exchange will be ag-ainst England at the
highest rate probably, and there is no risk that it will not be higher
rather than lower.
Trois-Rivieres, P. Bedard to J. Xeilsou. Acknowledging Xeilson's letter of 22nd.

Feb. 23, 1814. Xeilson will see that Bedard is not greatly annoyed by the rescinding

of the resolution (that to go to England to present the address).
He has given further thought to the Army Bills, and is persuaded
that a fixed rate of exchange will remove the greatest inconveniences.
The labour which Government employs in war is drawn from our
agriculture, and there will no longer be the surplus of produce for
exportation. The money (Army bills) paid by the Government will
replace that which exportations would have procured. All this
money is destined for the purchase of the merchandise of England,
the Islands, (fcc, which can be paid for by bills of exchange on Eng-
land and consequently by Army bills. As the bills are used for the
purchase of merchandise, one cannot put them into strong boxes.
The habitants who receive them in the market carry them at once
to the shops. Those to whom the Government pay the bills take
them to the market for food, and to the shops for clothing, rum,
etc. The only inconvenience would be in the case of articles which
could not be paid for by Bids of Exchange on England, and there
are but few of such. Money could not be saved under this arrange-
ment, and the Province cannot advance, which is of course an evil.

There is no likelihood of stagnation through the great abundance
of bills put in circulation, the circulation having a course, assured
and even rapid. The government will only pay for such services
as it requires and those receiving the bills will handle them as they
do ordinary money. Provided that the note of exchange is fixed,
so that a merchant knows for a certainty what the value of his bills
in England is, thei'e will be no inconvenience beyond the fact that
the people are confined in their purchases, to England or to countries
having dealing with England.

The abundance of money diminishes its value only when it is
limited to the country in which it is issued. The value of bills, if
it is fixed on the value of the quantity of metallic money, which
may be purchased in England, will keep the value of money, without
the possibility of its being lowered.

Turning to the savings difficulty, the legislature should take
measures to fix the A'alue of the bills, and not leave to Commis-
sioners the power of fixing their value after a man has them in his
pocket.

He then discusses the Resolution against the Rules of Practice.
He is convinced, as Neilson is, that the judges have had nothing in
view but to promote justice, in making the Rules and Regulations.
The only benefit he can see from the present proceedings would be
to check the tendency of the courts to make rules, and to cure them
of the idea that the court, have the power to make such rules as they
deem proper. Bedard wishe? that, the present proceedings would be
taken as giving occasion for reflecting that the duty of making rules

CANADIAN ARCHIVES

107

SESSIONAL PAPER No. 29b

of courts is not a light one; that it would be more certain although
in the beginning less convenient to conform oneself to a law, which
one would have to study, but from the defects of which one would
be no more guaranteed when he had carefully studied it. The idea
that the judges should have the power of making rules of practice,
and changing them when they pleased has always appeared to him
a great evil. It is in consequence of this idea that very good laws
of practice have been abandoned, in order that they might be
replaced by a short ordinance, shorter to study, but which leaves
gaps to fill up, which gives occasion for rules of practice. He does
not know how the present question will be settled, but if it is not
by that (presumably by making a Law on the subject) its effect can
only be bad. For if one leaves standing the necessity of making
rules of practice, and then attacks the Judges for having made them,
it will result that they will no longer venture to make them, and the
courts will fall back into the confusion in which they were some
time before, when there were only verbal rules, which changed every

Trois-Rivieres,
Feb. 27, 1814.

Montreal,
March 31, 1814.

Trois-Rivi§res,
April 21, 1814.

P. Bedard to J. l^eilson. Approves highly of proceedings in
Assembly. Further discussion on the Army bills. (8'^ March).
Has seen and been greatly impressed by the heads of impeachment.
The idea he gains from the perusal is that fear of the law has little
place in this country. The whole trouble seems to him to be in the
fact that the judges as legislative councillors make and modify the
laws much as they pleased. They lose salutary respect for the laws
and fall into the irregularities of which the Assembly complains.
He approves of bill for excluding judges from the Council. (9''^
March). Is pleased at the steps for the appointment of an agent
in England.

F. Blanchet to J. ISTeilson. Had made all his arrangements to
go to Quebec, but they are suddenly changed. He is starting for
L'Acadie, two companies of the 13"^ regiment having been defeated
by the American army of five or six thousand men. All the Militia
have orders to march.

Trusts Neilson and other friends will look after his election
interests.

P. Bedard to J. Xeilson, Invites attention to an article in the
Spectator, censuring the Governor for his course in regard to current
questions; and this, too, while tliey were refuting another writer,
Nerva, who said that a governor could do nothing in Canada unless
he managed it like Ireland. The writing is badly done, but it
appears to Bedard to be the work of one of the notables. " Tout
cela ne vous parrait-il pas annoncer qu'il faut un General Craig ici,
et que nous pourrons etre reduits a n'avoir point d'autre regime que
le sien."

Asks if ^^eilson had seen the pamphlet signeil Aristide, printed
at Montreal containing reflections on Bedard's conduct. He has
written the Governor to say he is ready for any inquiry that may be
made. As these reflections may be directed really against the Gov-
ernor who appointed Bedard to the judgeship, he is the more con-
c rned about them.

The Governor has done him the honour of a visit, and told him
that he had recommended that Bedard's salary be put on the same
footing as that of the other Judges.

108

DEPARTMENT OF THE SECRETARY OF STATE

Trois-Rivi§res,
April 27, 1814.

Trois-Rividres,
May 4, 1814.

Trois-Rivigres,
M^y i>, 1S14.

London,

May 10, 1814.

Montreal,
July 7, 1814.

Tiois-Rivieres,
June 21, 1814.

Trois-Rivieres,
Sept. 25, 1814.

4 GEORGE v., A. 1914

P. Beclard to J. Xeilson. ResiJecting the article criticizing him.
Gives purport of his letter to the Governor, and the latter's reply,
expressing full confidence in Bedard, and satisfaction with his course
on present occasion. Bedard after explaining his relations with
members offered to resign, if his continuance on the bench is a
source of embarrassment to the Governor. The Governor regrets
that Bedard is taking the matter so much to heart, and expi-esses
his wish to be useful to Bedard.

P. Bedard to J. Xeilson. Asks for political news. He will not
make much out of the pamphlet of Aristide, but it was proper to
demand the name of the author.

P. Be<iard to J. Xeilson. His brother and Dr. Stewart advise
against an action (presumably on the pamphlet). Stewart thinks it
would be too risky on account of the ill-will the judges in Montreal
bear t-owards him.

Thaddeus Osgood to J. Xeilson. Is returning to Canada soon.
Has had a successful visit, seeing all the best schools in Scotland
and Ireland, and raising £1,800 towards assisting the poor and
instructing the ignorant of Canada.

F. Blanchet to J. Xeilson. Has recovered his health. Speaks of
situation in Europe; of a small disaster in Lake Ontario; of Pre-
vost's chances of a peerage, as his administration was apparently
approved in England. It seems that the Canadian addresses had
enabled him to prevail over his enemies. He regrets the constitu-
tional difference between Prevost and the Assembly. Sir George
appears satisfied and is well pleased with the Militia who have done
their best.

P. Bedard to J. Xeilson. He hears no more from Xeilson.
Observes that several addresses were published in the last Gazette,
but that they are not largely signed. There are no Canadian signa-
tures. There are many of these- who doubtless would have signed,
if it were not for the ill-words for the Assembly in the addresses.
It is no pleasure to him that they have refused to sign the address
to the J. en C. (Chief Justice). Bedard knows he has done well as
regards the Rules of Practice because before him there were none;
" as to the other affair God knows what there is in it."

Mr. Stewart will not go to England. He fears what Bourdages
says that the new Assembly will reverse what has been done by the
last.

P. Bedard to J. Xeilson. He is distressed at the ill-feeling mani-
fested again-t the Governor. The effect of the constant railing
against the Governor is very pernicious on the Canadians. Those
who are disposed to goodwill to the Governor, take things as they
come, accustomed to receive all their impressions from the English
and to be led by their influence. Having no impressions of their
own, they are unable to withstand the current. They come back
with pleasure when they hear better reports, but first impressions
are lasting and there is no longer a reason for turning back, as no
person is disposed to tell them better things. It is an untenable
position to have against one, all the English party including all the
gentlemen in the government.

Mr. Taschereau and Dr. Blanchet have written to him regarding
the address to the Prince Eegent. He discus'^s this at length.

CAXADIAX ARCHIVES!

109

SESSIONAL PAPER No. 29b

Trois-Rivieres,
Sept. 29. 1814.

Montreal,
Oct. 22, 1814.

Trois-Rivieres,
Nov. 3, 1814.

Trois-Rivi&res,
Nov. 23, 1814.

Quebec,

Dec. 26, 1814.

Tuesday morning,
1814.

Montreal,
Jany. 2, 1815.

P. Bedard to J. Neilson. The Anti-Governor party has a great
force. It regards itself and not the Governor as the government.
The Governor seems to have no influence witli them. The Canadian
party cannot counterbalance them. It is only the fact of the war
that can engage a Governor to take the part of the Canadians, with
the present state of feeling in England.

A. W. Cochran to J. JN'eilson. Ask.s that liis Gazette may there-
after be directed to Government House, Montreal. The world is
indebted to Neilson for the castigation administered to the miser-
able drivellers who infe-st the newspapers of Montreal. The Courant
(a decent paper) contains an American extract signed " People,"
which Mr. Cochrane commends. " What a pity and shame our enemies
should be more candid, modei-ate and modest than ourselves."

P. Bedard to J. Neilson. Speaks of the activity of the English
party, and of the attention being paid to himself. Discusses action
of Assembly on the Rules of Practice, believing that Mr. Stewart
is working only for his own satisfaction. He considers Chief Justice
is entitled to praise not blame for his work on the Rules. As Neilson
observes, nothing can terminate the struggle so long as the consti-
tution lasts. It must be either put aside or better executed. If the
Governor is withdrawn it will be a bad sign for Canadians. The
other party is solider and stronger. At Trois-Rivieres, feeling is
against the Assembly, which he attributes to their representatives.
Heads of clergy against Assembly. The Bishop sent an address to
be signed by the clergy declaring their neutrality between the
branches of the Legislature ; they are limited in politics to regarding
Governor as representative of King, and have worked to second his
views. The policy of British Government towards Ireland of much
concern to Canadians, as there is a parallel between their cases.
There is some advantage, probably, to Canada, in proximity of
United States. Mentions two articles in Gazette respecting defences
of Canada.

P. Bedard to J. Neilson. The importance of a clear statement
of affairs in Canada, which should embody the views of all leading
Canadians. Respecting an address, and the paucity of signatures
in Montreal and Trois Rivieres, there is to be noted the habitual
disagreement between Montreal and Quebec, and the comparative
lack of zeal and public spirit in the former place. There is none at
all in Trois Rivieres. An. agent in England would be invaluable in
removing difficulties due to ignorance and misunderstanding. Bedard
speculates on the success which will attend the visit of the Chief
Justice to England. He will doubtless say that if the Canadians
fought well for the defense of the country, the credit is due to him
and to General Craig.

Report of a meeting of a committee of the Book Society, in Mr.
Wilkie's school room, to deal with the question of Prize Books and
School Libraries.

A. W. Cochran to J. Neilson. Asking to have his name omitted
from the address as published, which was presented to the Chief
Justice on his departure.

A. Stuart to J. Neilson. He is very much occupied in Court and
in consultation with General Procter, who is under Court Martial.

He has heard some curious Indian stories during the trial. One
of the Captains of the Indian department, himself half a savage,

no

DEPARTMEXT OF THE I^ECnETARY OF STATE

Trois-Riviferes,
Feb. 4, 1815.

Trois-Rivieres,
Feb. 12, 1S15.

Trois-RiviSres,

Trois-Rivieres,

Trois-Rivi^res,
March 5, 1815.

4 GEORGE v., A. 1914

told him that he had been informed by a ehief of the Potawatomies
that two old chiefs have gone to join " our father " at Burlington
that they may be present, according to " our father's " promise at
the treaty made with the Americans. They ask that the chiefs be
directed to represent that if we persist in requiring the old French
line we must have an eternal war as the Americans will never con-
sent. But there is another line which would secure us and pass
along the outskirts of the American settlements, which would be
satisfactory,

Tecumseh, before he was killed, told his countrymen never to
allow his son to obtain any influence in the public councils. He
looked, he said, too much like a white man.

Mr. Stuart anticipates an honourable result from the court martial.

P. Bedard to J. Neilson. The petitions regarding the Courts of
Justice at Trois Rivieres are being signed. He would accept office
of agent if offered it, but has grave doubts as to his fitness on
grounds of presentability and other grounds.

P. Bedard to J. Neilson. Condemns a resolution of the Legis-
lative Council respecting a warrant for the arrest of H. W. Ryland.
If the Assembly did wrong in not notifying the Council before
issuing the warrant, the Council acted much worse. Their action
would indicate an intention to seize every opportunity to promote
disorder. With one party predominating in one chamber and the
other in the other, there is no chance of harmonious action. He is
strong for moderation in the Assembly, and would like to see the
Warrant cancelled, or if that cannot be secured, the House prorogued.
Is busy with a scheme to lessen costs among French suitors by bring-
ing parties together, and discovering the actual points on which
evidence is required. Many cases are settled without witnesses ac
all. This does not apply to English commercial cases, where the
course of procedure is determined.

P. Bedard to J. Neilson. Discusses the Eyland case at length.
His conclusion is that having in his hands two incompatible offices,
viz.: Legislative Councillor and Clerk of the Assembly his duty
was to relinquish one of them. When Ryland declined to take
orders from the Assembly without the consent of the Council, the
Assembly should have demanded another official. He has no business
to pose as master, and take at the same time a position as valet.

As for the agency he is in the hands of his friends.

P. Bedard to J. Neilson. Praises the Assembly for its course in
the Ryland case, and regrets that Ryland was not made to give up
the office of Clerk of the Crown. He is sorry for Stewart's treat-
ment which he attributes to jealousy. A press is necessary, which
will publish all that takes place in the Assembly, and take the
Assembly beyond the influence of the gallery and of the charlatans.

Hs has heard of the accusation of Sir George Prevost by Sir
James Yeo. Wishes peace were secured so that Sir George could
go home with the glory of having saved the country.

P. Bedard to J. Neilson. They are getting up a polite address to
the Governor there, which has been signed in the country round
about. Mr. Cuthbert hears that they will not compensate the Gov-
ernor for his services, and that he will not return, etc., etc. If so,
it will be a bad sign for Canadian affairs.

CANADIAN ARCHIVES

111

SESSIONAL PAPER No. 29b

St-Denis,
April 5, 1815.

St. Denis,
April 20, 1815.

Quebec,
March 8, 1815.

On the Steamboat,
June 7, 1815.

Quebec,

May i\ 1815.

Quebec.

May 15, 1815.

Quebec,

May 15, 1815.

Mr. Coffin says it is rumoured that it has been discovered that it
was Mr. Sewell of Montreal who wrote against the Governor last
summer in the Montreal Gazette. He hears that, at the departure
of the Governor, many people accompanied him as far as Point
Levis.

He is pleased with what Neilson says in the. Gazette about the
Governor. He was surprised to learn from Sir Gordon Drummond's
proclamation, that the Governor's commission had been revoked.

L. Bourdages to J. .Neilson. Enquiring as to the cause of the
precipitate departure of Sir George Prevost, and whether there is any
hope of his returning. He notes with satisfaction the interestiiLg
matters dealt with in the Assembly, and hopes they may be carried
into effect.

Asks that his election, unanimously, for Lotbiniere, be noted in
the Gazette, and, also, his thanks to the electors. When he sees
Neilson, he will tell him of his defeat at Richelieu. Enquires for
Bedard.

L. Bourdages to J. Neilson. Wonders why Prevost's commission
was recalled so harshly, and why he was kept in ignorance of the
fact, at his departure from Quebec. Bourdages did not suppose his
enemies could be so ungenerous. Already the papers begin to publish
humiliating imputations. After the war is over, internal dissensions
will break out again. Will there be a renewal of the reign of 1810?
What can Canadians do to obtain justice, and have peace?

It is announced that Prince Edward is to be Viceroy of North
America. If that is the case, there will be great changes. W^ill they
be for the better or for the worse?

The Anglican Bishop of Quebec to Hon^^® John Mure. Acknow-
ledging the proceedings of the Canada Committee for Promoting the
Education of the Poor. He has written to Sir George Prevost setting
forth his reasons for declining to accede to the system proposed by
that committee.

T. Osgood to J. Neilson. Asks him to print his little periodical
on the first week of each month. Gives directions as to the distribu-
tion of The Visiitor. Suggests the importance of calling a meeting of
the Committee of the Free School, to choose a committee of ladies
to conduct a school or to arrange for opening a school for girls;
and of looking into the question of allowing the schoolmasters of
Indian Lorette and other country towns and parishes a few pounds
annually on condition that they will educate a certain number of
orphans and poor children. This v^ould be gratifying to the Trustees
in London.

Asks that the committee send a letter to some gentleman in Mont-
real, Kingston and York to prepare for his going to those places.

Report of a Meeting of the Canada Committee for Promoting the
Education of the Poor. Among the matters decided, was to advertise
for an Assistant Teacher.

Canada Committee for Promoting Education to Headquarters in
London. Have drawn on the Head Office for £500.

J. Mure to John Inglis, etc. Respecting the proceedings of the
Canada Committee for the Promotion of Education among the Poor.
Regrets the Governor and the two Bishops will have nothing to do
with the work. Nothwithstanding this set-back they are pushing
forward thc'r scheme, and hope to convince public of its practicability.

112

DEI'AirrMENT OF THE SECRETARY OF HTATE

Trois-Rivieres,
Dec. 15, 1815.

4 GEORGE v., A. 1914

June 1*** Mr. Johnson opened the school a few days ago with
twenty- five scholars. A garrison school which takes all soldiers'
children not attending the regimental schools, lessens the attendance
at this school. The Committee have drawn on their correspondents
for £500. They desire directions regarding Mr. Osgood, who seems
to look for £200 a year if employed. They are sensible of his zeal and
industry, but he is regarded suspiciously by Catholics and Episco-
palians, many of whom declare that if he were not of the Committee,
they would give every encouragement to the undertaking.

For himself, Mr. Mure, cannot but testify that Mr. Osgood's con-
duct so far as known to him has been that of an honest man.
Quebec, Robert R. Loring to Hon^'® John Mure. Informing him, on behalf

Nov. 22, 1815. of the Governor, that His Excellency regrets that he cannot associate

himself with the enterprise.

'' In his Excellency's judgment, religion should be the basis of all
education, and more especially of the instruction of the poor; and
reflection and observation have alike convinced His Excellency, that
the plan of bringing up children without an attachment to the prin-
ciples of any particular church, will almost invariably issue in their
possessing, when launched abroad in the world, little or no principle
at all."

P. Bedard to J. Neilson. Would be glad if Neilson would take
for him another piece of ground between the Neilson and Stuart
properties, so that he might be their neighbor, if he should return
to Quebec. Mr. Stuart has written Bedard about the affair of the
latter in tlie Court of Appqals. He has seen in the Gazette what
took place in England as regards the Rules of Practice. When does
the Chief Justice return and what about his affairs?

He is grateful for the part Neilson took regarding the case of
Bedard in the Court of Appeals. He is rather indifferent as to tlie
remit. It is probable, from what Stuart writes, that the Judges of
that Court (the Councillors) may persist in their idea of contempt,
and that he will be obliged to go down to Quebec. It is important,
in this case, to know whether the ancient laws of Canada regarding
judgments, whieli are executed par provision (that is, nothwithstand-
ing the appeal and without prejudice thereto) have been abrogated;
they have not been so expressly. That it is desirable to know if an
ancient law can be found abrogated only because those who made the
new laws did not think or had no idea of it to make an exception
of it. This give^ rise to many questions.

At a meeting of the Canada Committee for the Promotion of
Education among the Poor, a letter of credentials was prepared in
favour of the Reverend Thaddeus Osgood, who was appointed to
travel in the Eastern Townships and also in Upper Canada, to
ascertain the wants of these parts with respect to education and to
promote associations among the inhabitants for the purpose of sup-
porting young men to be instructed at the Quebec Free School in
the mode of teaching according to the British system, and also for
establishing schools on the same model in their respective neighbour-
hoods.
1815 (?) A draft of an undertaking to be entered into, by such officers, non-
commissioned officers and iwew of the 3'''^ Battalion, as have been
released from military duties, but who desire to maintain their
fitness for active service, if such should be necessaiy.

Quebec,

Dec. 28, 1815.

CAXADIAN ARCHIVES

113

SESSIONAL PAPER No. 29b

Tp. of Ascot,
Jany., 1816.

Trois-RiviSres,
January, 1816.

Montreal,
Feb. 8, 1816.

Trois-RiviSres,
Feb. 29, 1816.

Trois-RiviSres,
March 12, 1816.

29b— 8

Moses Nichols and Abram Kronkrigh, notifying Mr. Neilson that
at_ a meeting of the inhabitants of the Centre School district, in
this township to consider the proposals of the Rev'^ Thaddeus
Osgood relative to sending a young man to the Free School in
Quebec, it was decided to select Levi Nichols for the purpose.

Enclosed herewith is a certificate signed by 0. Barker and Gilbert
Hyatt, Justice of the Peace, as to the character of Mr. Nichols, and
his fitness for the selection.

P. Bedard to J. Neilson. Regarding the proceedings in the Court
of Appeals, on which he has some information from Neilson and
Stuart, but desires more. He had supposed that the question was
whether the ancient laws respecting Executions provisoires had been
abrogated. This question does not seem to have been considered.
The important question in Bedard's view was mentioned en pas-
sant, and as taken for granted as settled. " Appeals are universally
susp;nsory, the ancient laws having been repealed. The Code Civil
a dead letter rule of practice which has gone by in consequence of
change of constitution of Courts.'-' "Legislation would do well to
make provision in like cases," which shows that this law is indis-
pensable in th? country, and that the Court had an idea of it. How
can It happen that such a law is found to be abrogated, without any
person having thought of abrogating it.

It is most desirable that there should be exact reports of the cases
in the Court of Appeals.

Thaddeus Osgood to J. Neilson. Is about to set out for Kingston.
Has visited Drummondville, Shipton, Ascot, Eaton, Compton,
Stanstead, HatLy, Bolton, Stukeley, Brome, Dunham and the
seigniory of St. Armand. In each place, he laid the object of his
visit before a considerable number of people; and in several cases
they expressed a determination to embrace the offer of the Quebec
Committee.

He hopes representations may be made to Mr. Richardson, Mr.
Papineau, Mr. McCord and other members from Montreal with a
view to securing a committee for that place, or to enlarging the pre-
sent committee by adding to it one or more clergymen of each deno-
mination with an equal number of laymen. This would have the
effect of allaying prejudices against the scheme.

Reminds Neilson of proposition made the spring before of the
propriety of a petition to the Legislature, praying for the erection
of a school in Montreal and Quebec for the free instruction of all
the destitute children in both places who would be disposed to take
advantage of the opportunity.

P. Bedard to J. Neilson. An article in the Montreal Herald gives
what purports to be the Rules of Practice in the Court of Trois-
Rivieres. Owing to the perversity of the clerks in the Court,
temporary orders have been mingled with the Rules, and all have
been printed together. For the used of the Assembly he gives a
c»py of the Rules as he would have them printed.

P. Bedard to J. Neilson. From the meagre accounts of the
debates, in the Spectateur, it would seen that party spirit between
Quebec and Montreal is being strengthened. The publication of the
debates indicates that such is the case.

He agrees with Neilson as regards ameliorations. He would rather
employ the money in increasing the salaries of those in office. He

114

DEPARTMENT OF THE i?ECRETARY OF STATE

Trois-Rivieres,
March 24, 1815.

Quebec,
April 15, 1816.

York,

April 16, 1816.

Trois-Rivieres,
April 25, 1816.

Quebec,

May 9, 1S16.

Quebec,

May 15, 1815.

4 GEORGE v., A. 1914

would fatten them up (les bien engraisser) to make them less inde-
pendent of the Assembly, for the Assembly will never amount to
anything until they need it.

If a division crops up (in the party), each section wo/king for its
own ends, it will scarcely be in a position to profit from favouring
circumstances Is it true that Lee has made a sally on the clergy?
If so he has done stupidly and should do his best to imdo his error.

Do the citizens of Lower Town still exercise influence over the
Assembly? and are they still made use of to manage it?

He would like Neilson's personal opinion on the question of the
Rules of Practice, and the observations Bedard made upon them.

P. Bedard to J. Neilson. It seems certain that Chief Justice
Sewell is to return in the Spring. He understands that the Adminis-
trator, who is said to be an excellent man has been advised by the
judges, or by the Council at the head of which are the judges, to
dissolve parliament. He heard Mr. Monk and Mr. Ker speaking on
the subject. It is a pity to have people such as that assisting the
Governor with legislation. They are of good faith, but their know-
ledge is limited, on such matters.

The elections commence here on Tuesday next, and on Wednesday
in the county. Messrs. Wagner, Vezina, and Ogden are the three
candidates in the town, Mes-rs. Gugy^, Leblanc and other are running
in the county.

J. Xeilson to Thomas McCord. At the desire of the Canada Com-
mittee for Promoting the Education of the Poor, he is sending such
parts of its proceedings as may be useful to the gentlemen of Mont-
real in forming a similar institution in that city. The Committee
in Quebec has drawn on the London Committee for £500, out of the
subscription in England which amounts to about £1,700.

Dr. John Strachan to Mr. [J^eilson. As an act has been passed
for the establishment of common schools in Upper Canada, he desires
a supply of British school books.

P. Bedard to J. Neilson. He hears the judges are to receive £150
increase salary, but cannot find out if he is to be included among
tho-e receiving the increase.

They say the Chief Justice will be here in the Spring, and happy.
It seems to him an indication of the way Canadian affairs are
regarded in England, and of the line of conduct which will be pur-
sued. It is said that the Governor of Halifax, an excellent man,
but a soldier, is to be Governor here. He fears more and more that
they have succeeded in making them in England believe that General
Craig's military administration is the best.

Th y regard here the libel, for which Mr. Sherwood has been pro-
secuted as a serious charge against the Prince Regent and the Gov-
ernment of England. If so, the majority in the Assembly should
clear their skirts by dissoc'ating themselves from him.

He speaks highly of the Attorney General, who has more real
knowLdge and merit " que tons nos petits ruses de practiciens."

J. F. Perreault to J. Xeilson. Acknowledging the notice that he
had been made a member of the Canada Committee for the Promo-
tion of Free Education, and expressing regret that his want of time
will pr. vent his acceptance of he position.

M. D. Dostie to J. Neilson. Applying for the position of Assist-
ant Master, for the Frea School at Quebec.

cajs:adian archives

115

SESSIONAL PAPER No. 29b

Trois-Rivieres,
May 18, 1816.

July 14, 1816,

1816.

Quebec,

July 30, 1816.

York,

Aug. 20, 1816.

Lot 56,

Bay of Fortune,

P.E.I., Oct. 1, 1816

Charlottetown,
Oct. 1, 1816.

Fort Erie,
Nov. 5, 1816.

York,

Nov. 30, 1816.

Head quarters,

Quebec,

Feb. 22, 1817.

Quebec,

1817.

Trois-Rivifires,
June 26, 1817.

29b— 8i

P. Bedard to J. Neilsoii. Fears he will not get a Quebec judge-
ship, on account of the ill-will of the judges in Quebec, who would
be consulted. He does not defer to them sufficiently, and cannot do
so and preserve his self respect.

P. Bedard to J. K^eilson. He arrived last evening' from the Cir-
cuit. He learned on the way that the Chief Justice had arrived,
and had had a salute of 20 guns from the grand battery. He is not
worried by that sort of reparation dfhonneur to the Chief Justice,
but he fears that it will irritate party spirit and be taken as a humi-
liation for the Assembly, and he fears still more that in England
they will come to regard the Assembly unfavourably and to believe
that the administration of General Craig is the one which suits best.

He cannot agree with Neilson entirely in the fault he finds with
the Assembly.

L. J. Papineau to J. Neilson. Condemns what he calls the insolent
perversity of the Montreal Herald. On the 1Z^\ the editor took
occasion of a stolen letter written by Mr. Sherwood, and which in
Papineau's opinion is entirely honourable to him, to grossly insult
Sherwood. He asks Neilson to disavow certain statements in the
article attributed to him, which Sherwood declares to be entirely
false.

A. W. Coehrau to J. Xeilsou. The Governor has no objection to
Mr. Neilson's visiting England for a few months.

W. Kimble to J. Neilson. He has been appointed King's Printer,
and requests Mr. Neilson to give him a schedule of prices; and a few
plate? of arms.

A draft of Mr. K'eilson's answer accompanies this letter.

Edward Abell to the Misses Finlay. Furnishing information
respecting Lot 55 which belonged to the Hon^^'' Hugh Finlay. He
himself has lived on Lot 56 as agent for Lord James Townshend, the
present proprietor.

Copy of a Proclamation of the Lieutenant Governor to the Pro-
prietors of land in the Island respecting a change in the rate of
Quit Kent.

Wm. Stanton to Wm. Cowan. Eespecting items of information
regarding the Civil and Naval forces in Upper Canada, for the
Quebec Gazette.

R. C. Home to J. Xeilson. Has been recently appointed editor
of the York Gazette, asks for certain information respecting the
business.

Lt. Col. Harvey, D.A.G. General Order.

The reward of £5 for the apprehension of deserters, does not apply
to the Fencible Infantry lately disbanded, or to the Foreign Corps,
lately serving in the Provinces, but now disbanded.

Report of a Committee to take into consideration the reference
of the Governor of the 6*^ June, relating to the fees to be allowed
to the oflScers of the Quarter Sessions.

P. Bedard to J. Neilson. Expressing satisfaction at Neilson's
consenting to run for Charlesbourg. It was Bedard's idea that
when Neilson's son returned from Europe, the father would devote
himself <^ntirely to public affairs. No greater compliment could be
paid to Neilson than to regard him as the Candidate of the Cana-
dian-, not br^cause the Canadians count more than others, but be-

116

DEPARTMENT OF THE SECRETARY OF STATE

Quebec,

July 11, 1817.

Montreal,
July 19, 1817.

Charlesbourg,
July 23, 1817.

Quebec,

July 27, 1817.

Trois-Rlvi&res,
Aug. 3, 1817.

Trois-RiviSres,

Aug. 24, 1817.

4 GEORGE v., A. 1914

cause it shows the good opinion of the Canadians towards him and
they think no one is better than a Canadian. He has no doubt of
Neilson's success, and he is annoyed that Mr. Lee, whom he would
like to see in the House, has again to fight fruitlessly in this elec-
tion. He has, like Neilson, a hope of s^eeing the distinction between
the English and the Canadians effaced little by little. He reminds
NeiL'on that th.y two used to agree that if they could have in the
Assembly a body of Englishmen free from party spirit they would
break down the partisans. Mr. Andrew Stuart would appear to be
in a large measure regarded as a Canadian.
Mentions some things wanting to be done in the Assembly.
J. Neilson to Captain Jobin, Charlesbourg. Announcing his can-
didature for Charlesbourg, the election for which takes place on
the 25^^ July.

If he is elected, he would wish to have had the habitants of the
country district for him. For nearly twenty years he has spent his
bummers among them with his family, on his property of St. Foy,
and he has learned to know and appreciate them. Living honestly
by their work, they neither wish nor will ask for anything but what
is just and for the good of the country, and he would be proud to be
the interpreter of their sentiments and to defend their rights.

As there may be many electors to whom he is not known, he asks
Captain Jobin to tell them to inquire about him from i)ersons whom
they have always known as honest and of a good character; for he
did not desire the vote of any person who did not believe him capable
of rendering service to the county and to the country. It is the con-
fidence of the electors, which alone can sustain him in a charge often
difiicult and always burdensome, in which he wishes to acquit himself
faithfully.

Tariff allowed to the officers of the Quarter Sessions of the district
of Montreal.

J. Plante and other electors of the county of Quebec to J. A.
Bouthillier, Returning Officer. Demanding he shall put a stop to
the disorder which existed at the election; and permit the votes to
be polled freely.

J. Neilson to Joseph Jones and four others.
, " In the present state of the election, I think if a few of the respect-
able British inhabitants were to vote for me, it would have a good
effect. If you or any of your friends were so disposed, I should be
extremely happy to see you in the hustings to-morrow forenoon."

P. Bedard to J. Neilson. He notices in the Quebec Gazette that
Neilson had retired and he had been told that corruption was prac-
tised in the most shameful manner, and most openly. He thought
that that was the sort of contest to which Neilson made allusion.
The Assembly has been indulgent in the past, and he hopes this
incident will do good.

He adds in a postscript that Neilson's withdrawal is one of those
that does more honour to a general than the gaining of a battle.

P. Bedard to J. Neilson. Thanks for the details of the election
for Quebec County. Mr. Lee has been nicely caught. If no person
but him were concerned, Bedard would not pity him. Neilson did
well not to mix himself up with Lee in the case against McCallum.
The ignorance and corruption of the electors distress Bedard. He
had begun a pamphlet on the subject, but has not finished it.

CANADIAN ARCHIVES

117

SESSIONAL PAPER No. 29b

August, 1817.

Trois-Rivieres,
Oct. 15, 1817.

Charlottetown,
Nov. 15. 1817.

Trois-RiviSres,
Dec. 7, 1817.

He has heard that the Canadien was again on its feet. He thinks
it may be the Vrai Canadien, masquerading under the name of
Canadien. If so, his pleasure will fade away.

A Trois Rivieres Gazette has been established at the instance of
Mr. Viger, who has dropped the Spectateur, which had fallen into
the hands of a man under the influence of some Montreal merchants.
Bedard does not know the principles of the new paper. He has heard,
that Mr. Ogden is supporting it.

Information as to corruption in the election of Quebec (in the
handwriting of Jean Belanger).

P. Bedard to J. Neilson. He is anxious for news about the Fou-
cher affair. Somebody was saying at Trois Rivieres that everyone
was wrong with regard to this affair, — Assembly, Council and Gov-
ernor, and that all the procedures were wrong. It is also said that
the Governor is going to give up his situation, and return to England
in the spring. That would be too bad, from what he can hear. It
may be he is the only man who can govern the country, but perhaps
he lacks the patience. The outlook is not c^ear. He fears that they
may fall again under some Craig.

Charges Binns to J. Neilson. Respecting the interests of the
Finlay Estate in lot 55, Prince Edward Island.

P. Bedard to J. Neilson. Regarding the Foucher matter, it is
thought there that the case has been referred to the Council. He
had always supposed that it was to the Legislative Council, but he
has never heard. It would be comical, if the Executive Council had
pretentions to try the affair, and he supposes there is no question
of it. If the Legislative Council has not the power to administer
the oath, the Executive Council has still less. But this is not, in
Bedard's opinion, the important question. The real question is
whether, under the constitution as it is, it belongs to the Legislative
Council to take cognizance of such a case. If the Legislative Council
has the right, according to the constitution to deal with charges
brought by the Assembly, as the House of Lords has with reference
to charges brought by the House of Commons, the Council will have
the power to administer oaths and to do whatever else is necessary
in the exercise of its jurisdiction. The case is the same if it has
acquired jurisdiction independently of the constitution. But he does
not see how this power could be acquired except by an Act of Parlia-
ment, once the constitution has been fixed by an Act of Parliament.
The King might grant a commission, in which the Councillors
might be named as Commissioners, but this would not be a refer-
ence to Council, and the Commissioners could decide only by the
intervention of a jury. The matter might be looked at from, an-
other stand point. Judges' commissions are during pleasure. They
may be dismissed with or without reasons given; and the King may
in the case of complaints against a judge, place the examination of
them in what hands he pleases and make his decision depend on the
result of the enquiry. Then there would be no question of adminis-
tering oaths, or of a jury. If in looking into the matter, those in
England were of opinion that, under the constitution, the Legislative
Council had powers in this regard, analagous to those of the House
of Lords, the case will have been sent to the Council as of right.
If, on the contrary, the opinion is that the Council has no such

118

DEPARTMENT OF THE SECRETARY OF STATE

Trois-Rividres,
Dec. 20, 1817.

Trois-Rivl&res,
1818.

Trois-Rivl&res,
Jan. 8, ISIS.

-County of Quebec,
Jan. 13, 1818.

"Trois-RiviSres,
Jan. 14, 1818.

4 GEORGE v., A. 1914

power, the charges will have been referred to the Council, as already-
said, to obtain the decision of the King on the Commission.

P. Bedard to J. Neilson. In the Trois Eivieres Gazette of the
23'''^ of the month, there is a reflexion against him (Bedard). In
speaking of the Hart case it says that Mr. Hart was twice elected
to the Assembly, but was expelled therefrom " by a faction, headed
by a noted character who, after having remained twelve months
in durance vile, and undergone what was supposed a thorough purga-
tion obtained a ten pound J n (Jurisdiction)."

He thought of bringing action against the author of the article,
and setting forth the circumstances of his appointment, as a recogni-
tion of error in imprisoning him. If the Government did not assent
he would resign.

P. Bedard to J. Xoilson. He thinks the Assembly in its discus-
sion of the question of wood, is on the wrong tack. He has written
a communication, in an attempt to set it right. If Neilson thinks
well, he may use it.

P. Bedard to J. Neilson. Asks Neilson to let him have his views
on the article against him in the Trois Rivieres Gazette. He has
written to Stuart on the subject.

Draft of a petition to the House of Assembly, Lower Canada,
against the return of James McCallum as a member for the county
of Quebec, on the grounds of corruption, undue influence and
violence, and for the issue of a writ for a new election.

P. Bedard to J. Xeilson. Mentions Neikon's battle against cor-
ruption in his constituency. Thanks ISI'eilson and Stuart for trouble
taken over libel case. Regrets the Governor is obliged to leave on
account of ill-health. The information he has had of the Governor
makes him think well of him. Sympathizes with Blanchet and Lee
for their absence from the House on this occasion. Discussing the
Foucher case in its constitutional aspects, he concludes the
King in approving the Act of 1791 to have remitted to the nation
the particular powers exercised by him over the country by virtue
of the conquest, and not to have reserved any powers except those
which, he has over all parts of the Empire. We have now our lords
and commons on this side of the ocean, because those in England
are too distant for our convenience. If we accept it that our council
and assembly take the place exactly of the Lords and Commons,
then all goes smoothly. If we take the :>ther view, one can know
nothing of our constitution, nor of the dc vision of the powers which
is necessary for the government of the country — all becomes chaos.
We would have to look to England for necessary instructions, and
again to get the proper sense of the communications they make to
us, interpretations would never end. Our poor constitution would
appear an inextricable confusion.

We have all we need, and we must find here all the powers we
require to exercise justice.

Here is an accusation, and it should be judged according to the
law as it is made, and not according to the arbitrary ideas of com-
missions, and to forms subject to changes every day. If the Council
is not well formed today, it will be in the future. Bedard would
not perhaps care to api>ear before the present Council to answer a
charge, but he would be content to be tried before the Council of
fifty years hence.

CAXADIAX ARCHIVES

119

SESSIONAL PAPER No. 29b

Quebec,

House of Assembly

Jan. 19, 1818.

Quebec,

Jan. 21, 1818.

Quebec,

Jan. 24, 1818.

Trois-Rivi&res,
Jan. 25, 181S.

Quebec,

Jan. 28, 1818.

Trois-RiviSres,
Feb. 4, 1818.

Jasper Brewer to J. Keilson, Submitting certain questions to
be answered by Mr. Neilson, in connection with amendments to be
made in the Election law.

A tender from J. B. Leroux dit Cardinal, and Frangois Chartier
for the repair of the Scott bridge.

Memorandum prepared by Judge Fletcher containing his views as
to the amendments required in the Election law,

P. Bedard to J. Neilson. The Court is sitting. They are governed
by the Rules of Practice of Quebec. They cite only the Court of
Appeals. ^ The danger is of seeing judgments reversed, if such or
such an interpTetation is not given to the Rules, or if one does not
proceed in such or such a manner, and the Court of Appeals is the
Chief Justice. One must be at the discretion of the judges of
Quebec, for they alone know the interpretation given in Quebec to
the Rules, and the modes of decision of the Court of Appeals. This
is one of the great inconveniences resulting from rules of practice
being made by judges, that all becomes the personal affair of those
who have made them.

He asks that Mr. Stuart be induced to propose something in the
Assembly on the question of the Courts of Justice.

Draft of a letter from John ISTeilson, containing his ideas as to
the amendments required in the Election Act of Lower Canada.

P. Bedard to J. Xeilson. He asks for information as to the pro-
ceedings of the Assembly, particularly with respect to the Civil List.
He wishes to know whether those who are dealing with the subject,
propose to establish a list in which is mentioned the amount allowed
to each officer of Government. He remembers to have seen such a
list in the Journals of the Assembly of Xew York before the revolu-
tion. The list took this form: —

Resolved that there be allowed to the Governor
General from the 1^' Xov., 1817, until the

l^t Nov., 1818 So much.

Resolved that there be allowed to the Chief Justice
of the Province as salary from the 1^*^ Nov., 1817,

until the 1^* ^N'ov., 1818 So much.

And so on.
Thus arranged the Assembly passes a bill for the amount for one
year, he thinks.

The journal belonged to James Stuart.

It is important that the Assembly should take the same course.
The parasites of the Government will stick to it as close as ever.
The whole thing will be sent to the Assembly en bloc. It would not
be worth while refusing nor risking the ill-will of the Government
for a few hundred Louis a year. People would look to the Governor
for everything and to the Assembly for nothing; they would pay
much more and be no more respected. There would be the same
partiality to the party opposing the Canadians. The Chamber would
continue to feed the people who despise it. He does not intend to
say that it is the Assembly which make^ the nominations, nor fixes
the salaries, but there will be a great difference in the effect, if they
adopt the method of setting it all forth in detail.

He sees in the debates a speech by Mr. Gugy on the question of
roads in the Townships. '• Is it possible that the Chamber will not
see the absurdity of the cowardice of employing the funds of the

120

DEPARTMENT OF THE SECRETARY OF STATE

Charlottetown,
Feb. 9, 1818.

Trois-Rivi^res,
Feb. 18, 1818.

Quebec,

Feb. 21, 1818.

Trois-RiviSres,
Feb. 27, 1818.

4 GEORGE v., A. 1914

Province in having- roads made for these Yankees, and afterwards
having the roads kept in repair with large sums of money. These
people go and buy lands at about thirty leagues from the settled
districts, where the prices are low, and then the province must use
its funds to give value to these lands, to quadruple the value and
perhaps to increase it tenfold."

They say it is proposed to make some changes in the organization
of the Courts, that they are going to introduce trial by jury in civil
cases.

Leinuel Cambridge to J. Neilson. Giving him information
respecting lot 55, which was part of the Finlay estate. The letter
is interesting as showing the action taken against non-resident pro-
prietors.

P. Bedard to J. Neilson. He tells of a calumny published against
him in the Trois Rivieres Gazette, and of a disagreement he had
with Judge Bowen, and with two other persons. The matters were
of no public importance, but they strengthened the conviction enter-
tained that he was out of favour with the Government, and might
have to resign. He believes it is impossible for a man who is not
a devoue to hold a government office, and he cannot be a devoue.

J. Neilson's address to the electors of the County (draft). "The
last election having been declared void by reason of the corruption
and violence which prevailed, you will be called upon in a short
time to renew your choice.

" I beg you to consult amoqg yourselves, and to see what you have
to do. If you deem me worthy of your confidence, I would be glad
to continue the offer I made to you of my services at the time of the
last election; but you must come to vote the first day, at your own
charges without expectation of being paid or treated. I desire to
be elected only by those whom I can esteem or respect, and not by
people, who would engage at so much a day to come and vote for me
or for any other person who would pay them as much or more. I
wish, in fine, to have supporting me, only peaceable and honest
citizens as were our friends, who appeared at Charlesbourg ; and if
there be any disorder or corruption, I will again take it on myself
to provide a remedy.

" If you find any other person whom you believe more worthy than
I am of your confidence, tell me so frankly. I would be one of the
first to vote for him."

P. Bedard to J. Neilson. " The offer you make to me to take your
place, a place which belongs to you so much for the trouble it has
cost you, appears to me an excess of generosity. I would not take
that place for all the gold in the world. Nobody but you deserves
to fill it after having defended it as you have done and having given
to the country so good a precedent. I felicitate you, and for my
part thank you."

He has just seen Stuart, who is not pleased with the Assembly.
Viger and the Montrealistes carry everything before them. It is the
same old Patelinage. The Assembly is sensitive to nothing but
the influence which surrounds it, which is set in motion from with-
out by the Vigerian practices.

The only remedy he can see for it all is in a good press, which
brings all into the light of day, and which forces the Assembly on
a stage, of which the province is audience, and which will subject

I

VAX A DIA -\ ARCHITE^

121

SESSIONAL PAPER No. 29b

Charlesbourg,
March, 27, 1818.

Quebec,

March 28, 1818.

Berthier,
April 4, 1818.
Trois-Rivifires,
April 11, 1818.

Trois-Rivi6res,
April 19, 1818.

Kingston,
April 22, 1818.

Quebec,
May 5, 1818.

Quebec,
May 5, 1818.

Three Rivers,
May 18, 1818.

Xune 30, 1818.

Trois-Riviferes,
Oct. 25, 1818.

the surroundings of the Chamber and the Montrealistes themselves
to the general influence.

Xeilson, from what Bedard can hear, unites all parties in praise
and support of him.

Memorandum by J. Neilson in French on the state of the poll
during the election in the county of Quebec.

Indenture signed by Pierre Fauche, Ambroise Trudelle, Jean Tru-
delle, L. Pierre Seguin, certifying the election of John Neilson as
member of the Assembly for the county of Quebec.

James Cuthbert to J. Neilson. Congratulations on his election.

P. Bedard to J. Neilson. Congratulations on election. His plea-
sure in seeing Stuart and Neilson together in the Assembly. Stuart
dislikes the composition of the Assembly.

The question of most urgency, and which occupies Stuart's atten-
tion most, is the Courts. His plan is to have but one court of first
instance, at Quebec, and circuits in all the other parts of the pro-
vince. This system would be the best, as it would bring together all
the knowledge in one point, and bring about uniformity throughout
the province. This is the system in England. But it is surrounded
by serious difficulties. All the judges and lawyers in Montreal would
be removed to Quebec, which would be opposed by the whole district
of Montreal.

P. Bedard to J. Neilson. He has trouble with the Bar. The
lawyers haye had a meeting regarding him, and have resolved to
prosecute him before the Assembly, and in the meantime have deter-
mine not to attend his bar again. They are the only witnesses, even
the clerk of the court is against him. What defense can he make?
If the charge is what he thinks it is — for words used in court — it is
false. But his only hope is in their contradictions. If he can bring
out the truth by that means, it will be seen what his accusers are.
But in one way or another, that is what is going to put an end to
his misery here.

Eobt. Stanton, secretary of the Midland District School Society.
Asking for information respecting the funds at the disposition of
the Canada School Committee, and whether the school at Kingston
might be a beneficiary from this fund.

The school at Kingston was opened on the IG*'^ November, 1817,
under the superintendence of Robt. Johnston.

The number of ploughs regularly entered for the ploughing match
this day, under the auspices of the Quebec Agricultural Society.

List of competitors in the ploughing match to be held on the
21^* October under the auspices of the Agricultural Society.

L. Gugy to J. Neilson. Stating that an Agricultural Society was
being formed in the Three Rivers district, and asking for informa-
tion respecting the society in Quebec.

G. Vanfelson to J. Neilson. Suggesting the calling of a meeting
of the citizens of Quebec to draft an address to the Governor-in-
Chief on the occasion of his departure.

P. Bedard to J. Neilson. Chief Justice Sewell has been very civil
and has offered his services in composing Bedard's difficulties with
the Bar. Bedard declined his help, as he feared that to accept it
would lower him in the eyes of the Bar.

122

DEPART.]! EXT OF THE SECRETARY OF HTATE

Montreal,
Dec. 12, 1S18.

1818.
Trois-Rivi^res,
Jan. 3, 1819.

Quebec,

Jan. 19, 1819.

Trois-Rivi6res,
Jan. 20, 1819.

Trois-Riviferes,
Jan. 31, 1819.

Trois-RiviSres,
May 1, 1819.

Montreal,
May 5, 1819.

St. John N. B.,
May 16, 1818.

4 GEORGE v., A. 1914

H. H. Cunningham to J. Neilson. lie i.s about to open a library
and reading room in Montreal, and desires a more expeditious trans-
mission of the Gazette; and other matters.

List of proposed foremen, deputies and watchmen.

P. Bedard to J. Neilson. Eespecting a reprint in the Gazette of
a communication addressed to the Montreal Gazette in 1810 relative
to the political situation at that time. Mr. Brown, who refused to
print it in 1810, though it was said to come from so high a source
that his refusal was a great risk, receives Bedard's commendation.

Le Canadien attributed the article, without sufficient evidence, to
Judge DeBonne. Bedard regrets Mr. Ogden could not be made to
say from whom he received the communication, in order that the
source of it might be ascertained.

A general letter from J. Neilson, late secretary of the Canada
Committee of the Society for the Education of the Poor, introducing
the Reverend Thaddeus Osgood.

P. Bedard to J. Neilson. Personal and business matters. The
communication of 1810 which appeared in the Montreal Gazette
begins to awaken his interest. One of the judges in their chambers
asked him about its origin. Bedard declared he did not know, but
it was a pity Mr. Ogden was not there to continue the history of the
article back to its source. Bedard fancied from the judge's reply
that he desire to discourage a prosecution in the case, and Bedard
began to feel a strong desire to push the matter.

He had commenced something on the Jesuits' Estates, but on con-
sideration decided not to go on with it. Judges must give their opinions
to the Sovereign when asked for it, and he does not see why they
should be prevented from giving their views on public matters.

P. Bedard to J. Neilson. Unsatisfactory conditions in the court
at Trois Rivieres. A second judge wanted; also, more terms. The
judge at Trois Rivieres regarded as of lower status than the judges
of other courts.

Mr. Ogden got a bill passed through the Assembly for a second
judge, but owing to an informality in its introduction, it was thrown
out in Council.

P. Bedard to J. Neilson. Discussing the handling of the charges
against him in the Assembly. He complains that the Assembly did
not put the question of the sufficiency of the facts of the accusation
before the inquiry, and that Mr. Ogden was permitted as Bedard
understood, to prove matters not mentioned in the accusation. His
Grace's speech reminds him of ancient times. At the close of a
session as at a l?st judgment, the good were separated from the bad
and each received the sentence he deserv^ed. The members have
received a le.=-son to master before the beginning of next session.
" It is of the first importance that you should understand your con-
stitutional rights." But the address was a good one, without rancour
or intention to wound. He discusses speculatively the relations of
the Assembly to public expenditure. Neilson's reasoning that he
who gives in the manner he wishes is true, but Bedard reminds him
that the right of giving is regulated by precedent.

H. H, Cunningham to J. Neilson. Respecting supplies for the
library and reading room in Montreal.

J. B. Palmer to J. Neilson. Respecting the interests of the Misses
Finlay in lot 55, Priiioe Edward Island. A very interesting discus-

CANADIAN ARCHIVES

123

Montreal,
May 18, 1819.

July, 1819.

Ste Anne,
July 4, 1819.

Trois-Rivi&res,
July 20, 1S19.

SESSIONAL PAPER No. 29b

siou of questions connected with forfeiture owing to non-fulfilment
of conditions of grant.

L. J. Papineau to J. Neilson. Some few persons affect to believe
that the Legislative Council cannot conscientiously concur with the
Assembly in passing an appropriation bill to furnish the expenses of
the Civil List, taking the ground that the Assembly was wrong to
vote the necessaiy amount to each individual by name, instead of
voting the amounts separately to each public official. As these noisy
people are either of bad faith or ill error, it would be well to remove
the pretext for their loud talk. LTe would like to see the Bill printed
in full.

Instructions for the Members of the Committee of the Agricultural
Society, who shall take part in the county exhibitions.

Charles F. Painchaud to Joseph Plante, President of the Quebec
Agricultural Society. Giving a list of the competitors at a show.

P. Bedard to J. Neilson. Expressing his mortification at the out-
come of the inquiry before the Committee of the Assembly. Although
he has been cleared of the charges, he has been covered with ridicule
by the manner in which the enquiry was carried on.

In the course of some vigorous observations, he says ** There is no
greater tyrant in the world than an Assembly, because everything
must yield to it, guilty or not guilty."

P. Bedard to J. Neilson. He is deterBiined to demand that the
inquiry in the Assembly respecting the charges against him be pro-
longed to give him a chance to bring out his side of the case.

P. Bedard to J. Neilson. Eegi'ets Neilson's displeasure at his
criticism of the Committee of which Neilson was a member. He
believes that a case of that sort can never be satisfactorily dealt with
by a committee.

J. Greenshields to J. Neilson. Respecting the selection of a suc-
cessor to the late Dr. Spark as pastor of St. Andrews Church, Quebec.

J. Mure and J, Greenshields to D. Munro and John Neilson.
With reference to the request of the patentees, elders, etc., of St.
Andrews Church, Quebec, that they should select and engage a pastor
in succession to the late Dr. Spark.

Dr. John Strachan to J. Neilson. Stating that it is necessary to
prove the publication of a pamphlet printed by Neilson, in a case
between Lieut.-Governor Goi'e and Justice Thorpe, and asking
Neilson to make a sworn statement of the facts.

A draft of a circular letter addressed by some of the subscribers
of the Loyal and Patriotic Society to the Directors asking them to
take steps to account for the monies in their hands.

A. H. Holland' to J. Neilson. Respecting the securing of sub-
scriptions for the publication of the Letters of Agricola.

George Dawson to J. Neilson (two letters). Respecting subscrip-
tions for the Christian Recorder.

lieturn of baptisms, marriages and burials for the district of Trois
Rivieres for 1819.

Rich*^ J. Moffatt to J. Neilson. He is engaged preparing a book
to be published in England entitled " Canada, the last Hope of Eng-
land " ; and discusses the sale of the work in Canada.

J. Neilson to A. F. Holland. Respecting subscriptions for the
Letters of Agricola. They think of having the work translated into
French,

Trois-Rivi&res,
July 27, 1819.

Trois-Rividres,
Aug. 5, 1819.

Rosebank,
Aug. 5, 1819

Glasgow,
Aug. 9, 1819

York,

Sept. 20, 1819.

Quebec,

Oct. 12, 1819.

Halifax,
Oct. 15, 1819.

York,

Dec. .28, 1819.

1819.

Port Hope,
Jan. 17, 1820.

Quebec,

Jan. 19, 1820.

124

DEPAiriMEM' 01' Till: SECRETARY OF STATE

Rosebank,
Feb. 24, 1820.

York,

March 13, 1820.

Rosebank,
April 5, 1820.

Port Hope,
April 12, 1820.

1820.

Friday morning,
1820 (probably).

Thursday morning,
1820 (probably).

June 15, 1820.

Trois-RiviSres,
July 1. 1820.

Quebec,

July 24, 1820.

4 GEORGE v., A. 1914

There is general satisfaction at the arrival of the Earl of Dalhousie,
on account of his well-known zeal for agriculture and for everything
affecting the prosperity of the people.

J. Greenshields to J. Neilson. Stating that an agreement has
been made with the Reverend James Harkness, by which he will
assume the pastorship of St. Andrew's Church, Quebec; and dis-
cussing several matters in connection with the charge.

Dr. J. Strachan and Dr. R. C. Home to J. Neilson. The second
volume of the Christian Recorder will be begun in April. The first
volume did not pay, hence the price is to be raised to $3 a year, and
the agents' commission reduced to 10 per cent. Any profits arising
are to be devoted to religious purposes.

J. Greenshields to J. Neilson. Has sent a long letter to Mr.
Neilson by the Rev^ Mr. Harkness, and is now only enclosing a
newspaper giving an account of some Radical disturbances in the
district.

Rich*^ J. Moffatt to J. Neilson. Mr. Fothergill wishes to have the
names of the subscribers to his book " Canada, the last Hope of
England."

Report of the members of the managing committee of the Quebec
Agricultural Society, who took part at the exhibition of Bucking-
hamshire, St. Croix, 1^^ August, 1820.

L. Moquin to J. Neilson. Respecting the course of the elections
in Lower Canada.

L. Moquin to J. Neilson. Respecting the course of the elections
in Lower Canada.

John Neilson to Dr. Blanchet (draft). Returning a writing which
Blanchet had entrusted to him, and declaring his fixed determination
to have nothing to do with the elections of the town. He regrets
the divisions taking place among those who should have a common
point of vi^w, and hopes that there will be as little heat aroused as
possible.

P. Bedard to John Neilson, Is pleased at Neilson's election over
a candidate, who employed corrupt means. But is disappointed at
other elections in the town of Quebec. If Mr. Stuart had not aban-
doned Lower town, the result would have been different.

" Here (that is at Three Rivers) the election took place yesterday.
Mr. Ogden and Mr. Badeaux were elected by the men and women of
Trois Rivieres. For you must know that here the women vote like
the men, indifferently. It is only in the case where the women are
married and the hus»band living that it is he who votes as head of the
common family. When the husband has no property and the wife
has, it is the wife who votes. The case presented itself yesterday.
I have at present a servant, called Michel, who bought a property on
the Commons a year or two ago, and built upon it. The friends of
his wife had made him understand that it was the fashion now to
have the contract made out in the name of the wife, and that it was
safer. Consequently Michel had the contract made out in the name
of his wife. He went to vote yesterday. They asked that he should
be sworn, and he declared that the property was in the name of his
wife, and thereupon the wife was sent for, and she voted for Mr.
Ogden and Mr. Ranvoise the defeated candidate."

Colonel J. Ready to D. Sutherland. (Copy.) Returning Mr.
Griffin's letter and attached memorial.

CANADIAN ARCHIVES

125

SESSIONAL PAPER No. 29b

Trois-Rivieres,
Aug. 23, 1820.

Trois-Rivi§res,
Sept. 8, 1820.

Montreal,
Sept. 10, 1823.

Montreal,
Sept. 24, 1820.

Quebec,

Oct. 20, 1820.

Nov. 24, 1820.

1820.

The Government has been placed in an embarrassing position by
the refusal of the Assembly, when called together, to make provision
for the Agricultural Society and for other objects of a domestic
nature, which were strongly recommended to their attention.

Whatever inconvenience may arise from the Government being
without funds for these objects is attributable to the action of the
Assembly. The Governor has these important matters under con-
sideration, and whenever anything usefulinay be communicated to
Mr. Griffin, no time will be lost in doing so.

P. Bedard to J. Neilson. He is glad Neilson is more and more
pleased with the habitants, and suspects he will soon be a warm
patriot, as regards the habitants and the interests of the country;
and will be happy in following his inclinations and occupying him-
self therewith for the rest of his days.

He saw the Governor at a levee for a few minutes and was favour-
ably impressed. The Governor seems a kindly man, simple in his
manners. He was telling some person that he wished to visit the
country and know the people as far as possible. He did well at
Halifax, and it is to be hoped he will do well at Quebec, so that he
will not leave the impression that the Canadians are difficult to
govern.

L. Diivernay to J. Neilson. Discusses his personal affairs. The
Journal Ecdesiastique promises well. The Gazette does little, and
would not go at all if it were not for the advertisements.

H. Heney to J. Neilson. He notices that Neilson has published
a list of the members of the eleventh Provincial Parliament. He
cannot remember that they have had the tenth Parliament. Indeed
there was no Act passed at the last meeting of Parliament, and con-
sequently there was no session, and as that session was the first of
the tenth Parliament, there was consequently no Parliament. That
was perhaps what urged the Council so much, to have their little
Bill pa&.^ed respecting bastards or insane, which almost cost the
Gentleman Usher of the Black Rod his nose.

If Neilson agrees with him, would it not be well to notice the fact
in the Gazetted If his idea is correct, the Assembly will have the
tenth Parliament, while the Council which does not retreat, will have
got along to the eleventh. Another reason for his view is that when
they met the first session of the tenth Parliament, they declared them-
selves incompetent to sit.

H. Heney to J. Neilson. Further argument in support of his point
that the parliament about to meet is the tenth and not the eleventh,
as Neilson contends.

Lord Dalhousie to Agricultural Society. Thanks them for their
address. Wliile deprecating any undue expectations from his assist-
ance, he assures them that they may confidently depend upon all the
support he can give to the objects the Society have in view.

A long letter to Le Canadien in French, signed Q V. .... .

in J. Neilson's hand writing on the calling of Parliament. He runs
over the course of events, which prevented a session, the year before,
and urges prompt attendance in view of very important business.

A. Stuart to J. Neilson. The Montreal Judicature Bill of which
he had just heard was to be read a second time on the following
Friday. He looks on it as a Bar job, having for object to put all
men of any talent on the Bench, and thus make room for the others.

126

DEPARTMEXT OF THE SECRETARY OF STATE

Wednesday morn-
ing, 1820.

March 8, 1821.

St. Paul's Bay,
March 16, 1821.

March 31, 1821.

April 21, 1821.

Berthier,
April 23, 1821.

May 11, 1S21.

Quebec,

June 25, 1821.

Quebec,

June 30, 1821.

Berthier,
Aug. 20, 1821.

Oct. 15, 1821.

Montreal,
Nov. 11, 1821.

Quebec, ^
Nov. 26, 1821.

4 GEORGE v., A. 1914

It is in principle a rude imitation of the French system, which is
described in a late Edinburgh Review.

Before leaving Quebec, Ogden showed him a Bill prepared by Mr.
Christie on Arbitration. Mr. Stuart objected to it on principle. It
is a copy of the English law and its introduction may lead to all
sorts of confusion.

A. W. Cocnraii to J. Xeilsoii. Seadin:.:;- l:ini a paper on the late
elections, for insertion in the Gazette.

A. J. Christie to J. Neilson. Sending a prospectus of a book he
has written, and asking Il^eilson's assistance in getting subscriptions.
George Chaperon to J. Neilson. He was on the commission to
inquire into the state of the communications in Northumberland
county, and desires to enclose an account of expenditures during that
period. (The account is enclosed.)

The manuscript of a long letter from Le Campagnard to the
editor of the Quebec Gazette on the School Bible, then under con-
sideration.

(The letter was printed in the Quebec Gazette of the 9*^ April.)
The manuscript of another letter from Le Conipagnard on the
School Bill.

James Cuthbert to J. Xeilson. Inviting attention to the prospectus
of the Plough Boy, and other business matters.

The manuscript of a letter to the Editor of the Quebec Gazette
with further reference to the School Bill.

(The letter was printed in the Quebec Gazette of the 2P' May.)
Col. J. Ready to J. Neilson. Enclosing for insertion in the Gazette
and leading papers in other provinces, an advertisement of the sale
by auction of the King's Posts on the north shore of the St. Law-
rence. It is signed by TI. W. Ryland.

Col. J. Ready to J. Neilson. Notifying him that the 5^'^ July has
been fixed upon for the meeting at ilontreal of the Commissioners
from Upper and Lower Canada on the subject of the custom's
duties, etc.

James Cuthbert to J. Neilson. Business matters. Is glad to
observe that a meeting is being called in Quebec to take into con-
sideration the restrictions upon trade and commerce, but he i.s grieved
to notice by one of the resolutions that the petition is in danger of
being a partial representation of the commercial interests, although
an opportunity is given to the parishes and counties to add their
weight to the impetus given by the capital. He has no great opinion,
however, ot the weight of country influence.

Judgment of the Court of King's Bench of the district of Montreal
respecting the seigniory of Noyan.

D. B. Yiger to J. Neilson. Opening day of session — 14*^^ Dec. —
most unsuitable. He discusses the evil consequences of deviations
from established practice, both on those in authority and those whose
business it is to obey. He cannot understand the agitation in LTpper
Canada over the commission of which Neilson is a member, (presum-
ably that for the apportionment of customs dues between the two
provinces).

A memorandum drawn up at a meeting in St. Andrews church,
containing information respecting conditions in Canada, as respects
emigration. It is proposed to have it inserted in leading newspapers
in Belfast, Londonderry, Edinburgh and Glasgow.

CAXADIAN ARCHIVES

127

Montreal,
Dec. 18, 1821

1821.

1821.

1821.

1822.

SESSIONAL PAPER No. 29b

F. Desrivieres to J. Neilsoii. Saying that in October last, he
wrote to Neil&on as curator of the Finlay estate, informing him of
the result of an action respecting the Noyan seigniory, and asking
whether in view of the fact that the judgment will seriously affect
the Finlay estate, he thinlcs of appealing therefrom, as he (Des-
rivieres) has been advised that the judgment is wrong.

A memorandum in Papineau's handwriting containing, apparently,
the figures of the population of s^eral counties.

Return of baptisms, marriages and burials for the District of Trois
Rivieres during the year 1821. (Two copies.)

Alphabetical list of the Members of the Assembly in 1819 and
1821, arranged according to their votes on the Supply Bills.

It is noted that in 1819 the House refused a demand for an
increase in the expenses of over 20,000 louis per annum.

In 1821, the House consented to an increase of more than 6,000
louis per annum, beyond the votes of 1819.

The list contains 14 names of those voting in 1819 " against the
increase and for an itemized Supply Bill," and 10 names of those
voting in an exactly opposite sense.

This House was dissolved, and two elections have taken place since.
In the former of the two, all those who voted against the increases
were re-elected except Mr. Roy Portelance who declined to stand.
Of all those who had voted for the increases, only three were re-
elected, viz. : Messrs. Davidson, Jones and Ogden, that is to say, one
from the counties, and two from the boroughs.

P. Bedard to J. Neilson. He will not apply for leave of absence
until Mr. Moquin's return from Montreal. He wishes Mr. Moquin
had named some person else as he is not well.

The following is a draft of a letter, unaddreseed and unsigned.
It is in the handwriting of John Neilson, and would appear to have
been intended for the information of some person not residing in
Canada, nor intimate with her recent history.

My Dear Sir^ — In conformity with my promise I submit to you
my view of the differences which exist between the Executive Gov-
ernment and the two branches of the Legislature and you may make
what use of it yooa think proper.

To terminate these differences with honour to all parties concerned,
satisfaction and advantage to the community, it is necessary to be
acquainted with their origin, nature and extent.

Their origin dates from the Conquest. Things as well as men
have cooperated to form their character and give them their present
extent. The body politic of Canada after the conquest was com-
posed of discordant materials. Manners, language, religion, laws and
institutions all bore this character. Distrust and misunderstanding

* were inevitable. The capitulations, the treaty of Cession,

the Act of 1774 confirmed all that was Canadian. The men who
were to govern were necessarily British. Everything in them was
repugnant to what existed in the country. Their administration was
necessarily defective and unavoidably occasioned discontents. But
as the Government was despotic, saving the degree of liberty a:lmost

inseparable from the English criminal laws, and the " which

was * from the dependence on the government of the mother

country itself free, loud complaints were not held, but they were
sullen and deep against the Colonial government, while the kind

'Illegible.

►Illegible.

128

CANADIAN ARCHIVES

*Word omitted.

'Illegible.

*Word omitted.

Sic. Thougli it is
not very clear.

►Illegible.

Trois-Rivi&res,
Jan. 6, 1822.

Quebec,
Feb. 4, 1822.

4 GEOftGE v., A. 1914

treatment manifest in every act emanating from the Government at
home, the ameliorated condition of the -people, and the religion and
ancient character of the people procured their fidelity to the King.
The whole history of the country from the conquest to the introduc-
tion of the present constitution affords proof of these positions. The
principal actors on the part of the country were however of a different
cast from those of the present day. They were chiefly of the old
noblesse, many Wf whom were early attached as underlings to the
Colonial Administration, who little by little lost their weight with
their countrymen till the political weight of the class has dwindled
away to nothing.

The constitution of 1791 brought far other actors on the side of
the country. Legally the character of the government was changed,
but the administration remained nearly the same. Men succeeded
one another, but the maxims, the character, remained unchanged.
It was a corporation fiHing up its own vacancies, having perpetual
succession. The new men on the part of the (country) * raised from
trade, professions and industry and sent forth by the popular elec-
tions, made but little head till the government of Sir James Craig.

It was then * the parties were nearly balanced and coming

in contact. The (Governor?)* and it is not surprising, sided with
the perpetual succession, applied force which eventually has given
strength to the party against which it has been brought into play
under a free system of government. Since the commencement of
his administration, dissolutions of the Assembly or appeals to the
sense of the people have taken place at least three times the number
of dissolutions during the last century.

The origin of the evil has been the discordant materials of the
body politic. It has been perpetuated by these parties still regaining
discordant, even after the present constitution brought these elements
into closer contact. Within the last two years Sir George Prevost
and Sir John Sherbrooke by going out of the ordinary duties of their
ofiiee granted things for a moment; but both or nearly* both brought
against them the real administration of the province, the perpetual
succession, holding a predominent influence in the Executive Council,
the Legislative Council, the Courts of Justice and the public offices.
Things at this instant seem as far from being settled as ever, and

present a lowering prospect. Both parties are firmly *

and strongly supported. Combatants on either side may fall and
disappear but while the causes of discord exist there will never want
for combatants on both sides.

P. Bedard to J. Neilson. On the question of his having leave of
absence. It is necessary that he should have a substitute judge at
Three Rivers. Has written to the Chief Justice- a letter which he
asks Neilson to deliver after reading it. If he cannot have a judge
perhaps Mr. Taschereau might come.

Col. J. Ready to J. Neilson. The Governor-in-Chief being in-
formed of the purport of the petition of a number of the Merchants
of Quebec, praying for the renewal of the Provincial Act of 55
Geo. Ill, cap. 3, informs the House that he consents as far as His
Majesty's interest is concerned that the House may do therein a3
they see fit.

I

CANADIAX ARCHIVES

SESSIONAL PAPER No. 29b

129

Quebec,
June 3, 1822.

Quebec,

June 22. 1822.

Quebec,
July 4, 1822.

Quebec,
Sept. 3, 1822.

Quebec,

Oct. 16, 1822.

Kingston,
Nov. 11, 1822.

Kingston,
Nov. 13, 1822.

Quebec,

Nov. IS, 1822.

Montreal,
Nov. 9, 1822.

29b— 9

A. Stuart to J. Neilson. With referencp to a n^^^v h^ u
tion, and a fourth topic which he does not mention precfsdy

KrSwa^ MP YfT'- f^^^^*^^^^ ^ letter receded from
-nr. Marryat M.F. In the face of opposition of other branches of
Legislature, the most they can expect is to have relation? with
niember of parliament, intimate witrCanadian affairfand "aT hin'
Canadian interests. Papineau should let Marxyat kiow the sent^
ment of at least seven-tenths of people on question of unTonletween
U-^per and Lower_ Canada. He learns that measures are well under
weigh m the British Parliament for the union. The scheme is ^M
to have originated with Chief Justice Smith. It seemTtTNeilson

neJatl thSM!^ 1?^^'"" ''' '^'^''^ '' '^ abolish^he poor
of tfe pll Er,t 1 ^'''"^' constitution gives to the majority
remain un ted If thf' ''" '''''"/'' ^"^^^^^ ^° ^^"^ ^' Canadians

sti^ be i matritv ^ Tf '''""^ '" ^^^^^ ^^"^'^^' ^^^^e would
still be a majority opposed to present abuses. But as good subieot,

they must contest any change in the established clS^t^n' If

this change could be made without consulting the peop e anvthinl

else IS possible, on secret representations of ifterestS ^iple ^

A. \\. Cochran to Samuel Iseilsou. Requesting him confidenti-dlv

i:zz:^i:^^-^ ^-' ^- - ^^-ct of Jzt

of ^Quebec!' ' ^'""''''^ "^ '''" Committee of the Agricultural Society

Bin ^TW ^' 7- ■ ^''^^f'''^ the agitation against the Union

fnd En^lTshTn "^ 7' "T^^ ^' ^^^"^ ''' ^^^^t-^' Canadians
and j^nglish representing the districts from Kamouraska to Tnf
biniere and Deschambault. Judge Bowen and M^rs Srgeon and

mal f'^'iV'"^^^^ '''^ ""''''''' "^^-^^ sympathized. Arrangements
made for the preparation of petitions. angements

William Merritt to J. Neilson. Having observed that Neilson ia

askTft'Lftm V"^"^^^' t^'^^ ^^^°-^ *^ the Unfon Bill
asks for information resi^ecting the working of the committee and
how a committee at Kingston of which he is a mem^ ma; To
operate with that at Quebec. memoer, may co-

opfo'sfd t?tr'''' ■\^;, ^- •^^^"^^'" ^^^^^^ '^'' ^ ^'-'^-^ of those

prevTouV tiat ^ ' '^ '"'"'''i "f ^'^^ ^^ ^^^"^^*^^ «^ the Saturday
previous that an account of the proceedings were being sent bv

:s.tdt En's^^^ ''' ^^-- ^-^^^ -^^-^ were\xr;:Lt

heti!w ?o'hX' ^^"'-T^ ^"'^°'^"° ' P^P*^^ "P°^ population, which
ne wishes to have printed anonymously in New York or Boston He
wishes It copyrighted, as he intends to use it as the basis for a iarg^r

L J. Papineau to J. Neilson. Laments dissensions amono- their

m t':" "X^'r'"^* representation. His idea was that each om-

mittee might choose whom it would as delegate, the concurrence of

he others being a matter of course. If the Quebec commiUee wou^d

Xe IsoTanl^fstf '^ '"^ '^^ '''''''' ^'^'^ -^ name mI'I
Aeilson and DeSalaberry and we will be satisfied. A patriotic
Enghshman must be among the delegates. The memorial for Union

Ca fadTr I? ^\t"' t'" rr ^'^''' '' ^"" ^' ^^"— ^Snst
i^anadians. It i. not intended to give it publicity in this country.

130

DEPARTMENT OF THE SECRETARY OF STATE

Montreal,
Nov. 12, 1822.

Quebec,

Nov. 12, 1822.

(This is not
addressed but
there is no doubt
it was written to
t apineau. )

Quebec,

Nov. 16, 1822.

Berthier,
Nov. 17, 1822.

4 GEORGE v., A. 1914

He wonders whether members of the Administration will sign the
petition against union. Fears they will allow themselves to be dis-
sociated as usual from mass of people. Mentions the Governor's
undertaking the taking of a census when legislature failed. Mr.
Mackintosh says in Parliamentary Debates that he saw a memo-
randum from the Upper Canadian legislature respecting the dispute
as to the customs. It should have been communicated, according to
the wishes of that legislature, to Lower Canada. If the Governor
knew about it, and did not acquaint the legislature, that would prove
that Mr. Richardson knew of what he spoke when he mentioned the
conspirators of a secret committee of which he was doubtless a
member. It w^as this memorandum which they had not seen which
gave rise to the Bill of Commerce, full of palpable errors. He is
pleased with Neilson's resolutions of 7^^- Dec. Places himself at
Neilson's orders, " dites*-moi de partir avec vous je pars, dites-moi de
demeurer je demeure."

James Stuart is not, as his friends are giving out, to attack the
Chief Justice and the clique, but to help them. No ill-feeling between
Upper and Lower Canada. The former is asking the latter to carry
its petitions to England.

An-angements about going.

L. J. Papineau to J. Neilson. Montreal Committ'Ce has agreed to
adopt form of petition drawn up by Quebec Committee, their own
was sharper in tone. The Governor is difficult, when you speak to
him in English he replies in German. Regrets to learn that the
delegates chosen by his committee are himself and Debartzch. Neilson
was reported from Quebec as lukewarm, and a future Councillor.

J. Neilson to L. J. Papineau. Judge Bedard whom he has seen
would willingly go to England if granted leave of absence. He notes
certain differences between the draft of the Union Bill of the 31^*
July and the earlier draft. Unionists pleased with L^nion meeting
at Kingston. They are stirring up feeling in Quebec and Three
Rivers, to show that the country is divided on the question. If, as
has been asserted, the Ministers wish to be rid of the colonies, they
are going the right way about it. The Anti-Unionists in Montreal
are doing well, but they must arouse greater activity among the
English. The Canadians are English at heart, but the language
marks a difference which is observed in England. His idea of dele-
gates to England would be the elder Paijineau, Bedard, Debartzch or
James Cuthbert. For himself he sees insurmountable objections to
going, and there are difficulties ahead in replacing Papineau the
younger as speaker in the Assembly.

J. Xeilson to L. J. Papineau. Corrects an error he made in a
letter to Mr. Waller, respecting the defeat of a bill appointing Com-
missioners to deal with Upper Canada. The clergy must not be
omitted from i)etitions. Administration is whole heartedly against
Anti-l^nionists. The Anti-Unionists in Kingston are inquiring as
to the sending of the petitions. He has answered them, but thinks
there should be at least one delegate from Upper Canada. He appre-
ciates Papineau's sacrifice in consenting to be a delegate. He has no
inclination to go, as his ambitions do not go beyond the fields and
the woods.

James Cuthbert to L. J. Papineau. Regrets delay with Anti-
Union petitions. Activity necessary to forestall the other party.

CAyADIAy ARCHIVES

131'

SESSIONAL PAPER No. 29b

St. Charles,
Nov. 18, 18 22.

Montreal,
Nov. 18, 1822.

I The letter is not
signed but it is
in Papineau's
handwriting.)

Berthier,
Nov. 21, 1822.

Quebec,

Nov. 21, 1822.

Quebec,

Nov. 21, 1822.

Nov. 23, 1822.

Habitants are said to be told that the passage of the Union Bill will
relieve them of tithes and rents.

P. D, Debartzch to L. J. Papineau. Adding to reasons already-
given as to why he cannot go to England. Urges Papineau to go.
Mr. St-O'urs distressed at prospect of failure. He wants to know
about the expen.ses of the trip.

L. J. Papineau to J. Neilson. A heated denunciation of intriguers
who would sacrifice the country's interests to their ambition. Ack-
nowledges Xeilson's zeal, and asks him to persuade Debartzch to go
to England. It would not be safe to simply send the petitions, they
must be presented and by men of influence. Viger tells him the
Quebec Committee seem favourable to Debartzch. He speaks of the
misrepresentations being made of the Act passed last summer to
authorize the King's censitaires to commute their fines. It is being
hinted that the communities have only rights of usufruct, and that
their censitaires may commute as King's censitaires. There should
be three delegates.

James Cuthbert to L. J. Papineau. Thanks for papers received.
Urges the necesity of getting the signatures in the Three Eivers
districts, and indicates the means and persons by which this may be
effected.

Eev. J. Demers to L. J. Papineau. He has been discussing with
Neilson the question of presentation in England of the petitions
against the Union Bill.

N'eilson has the strongest objections to being a delegate, partly
from pecuniary, partly from domestic reasons. Going over the names
of possible delegates, Papineau pere, and Papineau fils, are first men-
tioned. The former is set aside on account of age and infirmities,
but the latter for whom Xeilson expressed strong admiration must
go. Judge Bedard was spoken of, but Mr. Demers thought that he
would not succeed unless Neilson were with him. A number of
others were passed in review, but nearly all were open to objection
or could not go.

Mr. Demers was of opinion that Xeilson could be induced to ga
in spite of what he said, if Papineau or Bedard, or better still, both
of them were associated with him.

W. Lindsay to L. J. Papineau. In accordance with his request,
Mr. Lindsay has sent the laws, journal, etc., of the province to Mr.
Underwood, to await Mr. Papineau's orders. Mr. Stuart's report is
still unfinished, but Mr. Lindsay hopes it will be struck off before
the meeting of the Legislature.

W. W. Baldwin to Jules Quesnel. He speaks of an accident he
had while mounting his horse, which has left him weak. Has not
received any papers from Mr. Quesnel. He sent a petition to Mr.
Quesnel and a letter but has had no acknowledgments. " Your
brothers and Mr. Papineau's speeches at the public dinner were
admirable. Their eloquence very considerable as well as their strong
and manly spirit of true loyalty contrasted with the vile sycophantic
self-sufficiency that the busy bodies of the faction continually assume
of praising their own loyalty and uttering false and slanderous impu-
tations against the i>eople — for in fact it is a faction on the one side
and the people on the other." He hopes soon to be able to send down
the petitions, which contain the signatures of almost all the respect-
able yeomanry of the place. It should have been the result of a

29b— 91

-132

DEPARTiJEM' OF THE SECRETARY OF STATE

St. Ours,
Nov. 25, 1822.

Quebec,

Nov. 26, 1822.

St. Charles,
Nov. 27, 1822.

Spadina,

Nov. 27, 1822.

4 GEORGE v., A. 1914

county meeting but Mr. Ridout refused to call one. The great men
of the place affect to dislike the union, but he does not believe them,
as they are doing nothing to oppose it. He is satisfied that they are
in principle of a piece with .the Montreal faction, who ill-deserve the
happy constitution that was given them.

C. de St. Ours to L. J. Papineau. Replying to a letter from Mr.
Papineau he says that Canadians should do all in their power to
avert the fatal blow aimed at the country by the Union Bill. He is
greatly pleased that Papineau's name is so generally mentioned in
connection with the delegation to England. He does not believe
there is any iise in urging DeBartzch, as Papineau desires, as he is
quite determined not to join the delegation. Debartzch is of opinion
that their interests will be best left in the hands of Papineau and
some gentleman from Quebec District.

J. Neilson to — . The information required by letter of the

23'^'^ will have been supplied by Neilsonls letter of ]\Ionday and Mr.
Moquin's visit to Montreal. He hopes that the committee of his
correspondent have come to an agreement with Mr. M. as to the
nomination of a third delegate, and that all is settled. The petition
sheets are nearly complete, and subscriptions for the expenses have
begun. Judge Bowen and Mr. Burnett have refused a subscription
for the agent, but will give something for the expenses of the petition.
Mr. DeSalaberry has subscribed like the others.

The supporters of the Administration have no idea the Anti-
Unionists are sending delegates, and particularly members who have
opposed the Executive.

The right of the Assembly to give money, as it is understood, has
been declined. Neilson would willingly give en bloc a sum which
would pay all the appropriations, real or supposed, for the current
year, if the amount were approximately that of the year 1817. This
is in view of the present difficulties, and on the understanding that
their action did not form a precedent for the future; and that, after
having asked the Governor by address if he had had any reply to the
offer made last year to the King to pay all the expenses each year.
If it were accepted it would not bind them for the future; if not.
advantage might be gained from the refusal. 80 long as the money
comes out of the pocket of the subject in spite of them, it would be
better that it should be spent than that it should lie in the hands of
the Receiver General.

He will leave Quebec as soon as the Committee arrange matters.
He insists on the necessity of three agents, and their expenses. If
the country cannot pay them, the journey will be useless. Such a
country is not fit to have a free constitution.

Mr. Moqaiin says that the Bishop of Quebec and all the clergy have
been the first to sign.

P. D. Debartzch to L. J. Papineau. Expressing his pain at his
inability to accejjt the mission to England, but the future wellbeing
of his family absolutely forbids it. Again urges Papineau to go.

W. W. Baldwin to Julius QaeGuel. Is happy the Montreal Com-
mittee is about to take up the contention of the Commissioners. The
Upper Canadian public are irritated at what is said to be the injustice
of Lower Canada regarding financial arrangements between the two
provinces. Baldwin has always made a distinction between the con-
tentions of the Commissioners and those of the province; still he has

CAXADIAN ARCHIVES

133

SESSIONAL PAPER No. 29b

St. Ours,
Nov. 29, 1822.

St. Charles,
Nov. 30, 1822.

St. Charles.
Dec. 1, 1822.

St. Charles,
Dec. 4, 1822.

Quebec,
Dec. 5, 1822.

King-ston,
Dec. 5, 1822.

Dec. 6, 1822.

bet-n distressed at the silence of Lower Canada on the subject. It is
said that the Assembly of Lower Canada approved of the conduct of
their Commis.sioner& at the broken conferences and therefore that
Lower Canada has approved. He hopes this is not the case.

It seems impossible to stir up any manifestation in Upper Canada
against the Union. He concludes that they are favourable though
their friends say they do not favour it. Upper Canada has no ill-
will against Lower Canada.

Address to the Inhabitants of Sorel by Charles de St. Ours, en-
closing for their signatures a petition to be signed against the Union
of the two Canadas. He urges that the petition be signed by all
who are attached to their country, their interests and their religion.

P. D. Debartzch to L. J. Papineau. Persisting in his refusal to be
a delegate.

He disapproves strongly of the action of the Quebec Committee in
objecting to Papineau as a delegate, because he is Speaker of the
Assembly. "Although you have been deemed worthy by the repre-
sentative body of being made its organ, and when this body is more
essentially attacked than the other branches of the Legislature, they
would like to have the constituents of the representative body demand
your exclusion." "Because as Speaker you have been able to do a
great service, you must be refused the means of doing the greatest
service possible to your country."

The history of the Imperial Parliament offers several examples of
Speakers of the House of Commons being replaced without bringing
about a dissolution. He urges Papineau to regard this opposition as
an additional reason why he should go.

Has received the petitions and the signing of them is going on well.

P. D. Debartzch to L. J. Papineau. Is delighted to learn from a
letter of the day before that Papineau has been persuaded to go to
England. Is sending Papineau's letter to Mr. de St. Ours.

P. D. Debartzch to L. J. Papineau. Began to hope for activity at
Trois Eivieres. Speaks of the apathy there. Encourages Papineau
to believe that his missi'-'n will be a success. He must have recom-
mendations, and ask one from the Governor. The refusal to give it
cciuld be used with advantage.

J. ^'eilson to L. J . Papineau. Difficulties owing to sectional
jealousies respecting the ratification of the action in sending dele-
gates, who have been chosen; also, as to raising subscriptions for the
expenses. A section of the Quebec Committee are opposed to sending
delegates at all. He urges Papineau to stand firm, and public opinion
will do the rest.

H. C. Thomson to J. Quesnel. Acknowledges with thanks letter
of 30"' ulto. The Kingston committee will send their petition
through the Montreal committee. There are several other committees
through the province, who will doubtless be glad to avail themselves
of the same means. Four-fifths of the inhabitants of Upper Canada
are opposed to the t^nion, but many are timid and will not sign
petitions. In Kingston they have 600 signatures against, and he
understands that those signing for the Union will not exceed 100.

Thomas Lee to J. Neilson. (In French.) He returns the report
from Mr. Primrose, which he has copied. He believes the Governor's
Secretary is mistaken in the sense he appears to give to the request

134

DEPARTMENT OF THE SECRETARY OF STATE

Quebec,
Dec. 9, 1822.

Dec. 10, 1822.

York,

Dec. 11, 1822.

Montreal,
Dec. 12, 1822.

<Quebec,

Dec. 14, 1822.

■Quebec,

Dec. 16, 1822.

(This letter is not
addressed but il

is clearly for
Papineau. )

Montreal,
Dec. 16, 1822.

4 GEORGE v., A. 1914

of the petitioners from the Faubourgs. Mr. Primrose admits a large
part of the facts alleged in the petition.

J. D. (Eev. J. Demers) to L. J. Papineau. Eegrets greatly that
Papineau has been chosen as delegate to England. All his friends
in Quebec do likewise. They all recognize his entire fitness for the
task, but they fear that he will be charged with having deserted his
post as Speaker of the Assembly. There will also be all sorts of
difficulties in the choice of a speaker to replace Papineau temporarily.

W. W. Baldwin to Julius Quesnel. Is glad to learn of the antici-
pation of his wishes; "indeed nothing is more desirous than the
public announcement of the cordial good will of the people of this
Province towards those of Lower Canada." On the day following
the receipt of Quesnel's letter, Baldwin called a meeting of the
friends of the Constitution and suitable resolutions were adopted.
The mass of the people are undoubtedly for the constitution, but
some are not, though who they are is impossible to discover. As
the petitions come in signed, they will be sent to Mr. Quesnel as one
of the Montreal Committee.

The differences between the two provinces are ascribable to the
negligence of the authorities in the two provinces, for not having
earlier drawn attention to the mode of ascertaining the proportions.
If Lower Canada would vote a certain sum to pay Upper Canada,
Baldwin believes it would be accepted and have good effect. He
would like, to see the two Houses settle the great mass of the diffi-
culty, and so disappoint the arbitrators. But this requires much
circumspection.

W. W. Baldwin to Joilius Quesnel. He is sending down all the
petitions signed, by Mr. LaCroix who arrived very lately. There will
be some more, which will be sent if one of the Lower Canadian agents
can wait for them.

L. J. Papineau to J. ISTeilson. Criticizes attitude of Quebec Com-
mittee. Neilson's nomination has given liveliest satisfaction in
Montreal, but they fear to excite resentment of Quebec Committee
by saying so. Papineau's appreciation of Neilson's services. The
townships are disposed to exaggerate their population. Andrew
Stuart's sound views on administration. The delegates should be in
England before Parliament opens. Neilson will carry the petitions
of the majority in Upper Canada.

J. Neilson to L. J. Papineau. As to delegation to England, there
is a feeling of the unwisdom of sending only members of Assembly,
as if the country had no others competent. His own reasons for
hesitating, fear lest he should prove his unfitness. Will decide when
Trois Rivieres takes action as to delegate. Urges Papineau to be in
Quebec at opening of session. This he owes to his office as Speaker,
to the other branches of the Legislature, and to the law in virtue of
which they meet. He would not be welcome in England, if he
evaded his legislative duties on grounds other than sheer necessity.

J. Neilson to L. J. Papineau. Accepts the mission to England,
At the selection of delegates Neilson had eleven votes, Burnett who
was going to England in any case nine votes, and Valliere two votes.
Colonel de Salaberry voted against ISTeilson. Five or six voted not
to send delegates.

L. J. Papineau to J . Neilson. Awaiting news from Neilson.
Wonders if his letters are tampered with. He has no secrets and

CANADIAN ARCHIYE8

135

SESSIONAL PAPER No. 29b

Montreal,
Dec. 18, 1S22.

St. Eustache,
Dec. 19, 1822.

Quebec,

Dec. 20, 1822.

Quebec,

Dec. 23 1822.

fThis i.s not
addressed, but
is clearly for
Papineau.)

Dec. 23, 1822.

Brockville,
Dec. 24, 1822.

Reached
addressed.
Dec. 26, 1822.

therefore no fears. He has had several letters from people who like
aiid respect him deploring his going, as a desertion of his post
Hopes strongly Neilson will go. The petitions are being returned
W ith more time they would have had 50,000 signatures. Europeans
and Canadians, strangers to fanaticism, sign together. Unionists
make a point of evidences of illiteracy in Anti-Union petitions. It
IS suggested that Irish immigrants passing through to United States
intended to stay in Canada, but changed their minds on seeing the
conditions. Enquiry should be made as to this. He is anxious to be
off, but if he must meet the Legislature, will do so.
_ L. J. Papineau to J. Neilson. Glad of Neilson's acceptance. He
is strongly oppo>ed to appearing at opening of Legislature, as he is
satisfied that means will be found to hold them, once they are there.
Arrangements for going.

J. Labrie to L. J. Papineau. Gives an account of the doings of
two emissaries of the Government canvassing with Union petitions,
and of the Anti-Union measures to frustrate their plans. States
that his political enemies are contriving to ruin him by bringing in
a rival doctor.

Report of a meeting of the Constitutional Committee of Quebec
Ihe principal business was a . vote of thanks to Neileon, and to
arrange with the Montreal Committee as to facilitating correspon-
dence between the Committees and the delegates.

J. Xeilson to L. J. Papineau. All are agreed three delegates should
go, and It has been proposed to send Judge Bedard. One delegate
at least should not be of the Assembly. There is a feeling in Eng-
land that the opposition to Union is due to determination of certain
members to maintain their importance. Hence desirability of dele-
gate from outside Assembly. He still thinks Papineau should attend
opening of Legislature, and that so far from desiring to keep them
the Government will be glad to get rid of them.

All news from England points to decision of Ministry for Union.

L J. Papineau to J. Neilson. In Montreal it is learned that
Aeilson's nomination displeases many in Quebec, and that several
votes were cast for him under instructions. Necessity of starting
early in January. There is a report which he does not believe that
the Bishop is unwilling to sign the Anti-Union petition. With
slight encouragement all the cures would make separate representa-
tions to King. Misrepresentations of Unionists. They fear the
effect in England of the violence of their petitions, and do not quite
trust James Stuart. Efforts of administration to win over popular
members. Roads very bad; practical impossible of representation in
Legislature if members had to come all the way from Sault Ste.
Marie.

Andrew X. Buell to J. R. Ivimber. Asking for information as to
the steps to be taken in Lower Canada for presenting the petitions
against the Union Bill, and whether, if delegates are sent from
Lower Canada, they would have any objection to taking the Upper
Canadian petitions with them.

W. W. Baldwin to J. Quesnel. Sending the joint report of the
two Houses. Necessary Montreal public should know of them.

Fears his letters are tampered with, though he is satisfied with the
postmaster at York.

136

DEPARTMENT OF THE SECRETARY OF STATE

Kingston,
Dec. 26, 1822.

Hallowell,
Dec. 27, 1822.

Quebec,

Dec. 27, 1S22.

Montreal,
Dec. 28, 1822.

Trois-Rivieres,
Dec. 29, 1822.

Berthier,
Dec. 29, 1822.

Quebec,

Dec. 30, 1822.

Trois-Riviere.s,
Dec. 31, 1822.

Berthier,
Dec. 31, 1822.

1822.
1822.
1822.

1822.

Montreal,
Jan. 2, 1823.

Trois-Rivieres,
Jan. 2, 1823.

Jan. 4, 1823.

St. Raphael,
Jan, 6, 1823.

4 GEORGE v., A. 1914

H. C. Thomson to J. R. Ivimber. The petitions will be forwarded
today and will probably reach Montreal about the 31^^

Eben"^ Washburn to J. R. Kimber. Forwarding petitions from the
county of Prince Edward against the Union Bill.

P. Bedard to Jean Belanger. Thanking the Quebec Committee for
naming him one of the delegates to England, and accepting the mis-
sion if he can obtain leave of absence.

L. J. Papineau to J. Neilson. Urges haste in departure. Hopes
Bedard may accompany them. Speaks of unanimity in object and
pursuit of means among the three. Unionists are doubtful of success
and now say it were better if neither side sent delegates. His plea-
sure in meeting Andrew Stuart. Asks if Neilson accepts Gourlay's
account of Upper Canada.

P. Bedard to J. Neilson. Giving a statement of baptisms, marriages
and burials for 1821. Personal matters.

James Cuthbert to L. J. Papineau. Deprecates criticism of his in-
activity. Neither his talents nor his circumstances make it possible
for him to do much. He is asking his nephew Mr. Antrobus to give
them assistance. Suggests "William Eusebius Andrews as a useful
man in London, though under a cloud with ministers on account of
emancipation and reform views.

J. Neilson to L. J. Papineau. If not coming to Quebec, Papineau
should start for England as soon as possible. He himself must wait
until a decision regarding Judge Bedard's leave of absence is reached.
There should be three delegates in any case. A country so reduced
that it cannot provide its delegates with the means necessary for
success might have the finest constitution in the world, but would be
incapable of preserving it.

P. Bedard to J. Neilson. Respecting his application for leave of
absence. Governor quite willing if substitute judge can be found.
Bedard offers his house and a proportion of his salary to substitute.

J. Cuthbert to L. J. Papineau. Enclosing two letters of intro-
duction, and reminding him of certain post office regulations with
which he must comply. Hope* the Assembly has prepared its peti-
tion against Union.

Memorandum of the several ai'giunents against the Bill for the
Union of Upper and Lower Canada.

Heads of the Bill for uniting the Canadas, postponed to next
session of the Lnperial Parliament.

List of Bills passed by the Imperial Parliament affecting Canada
in 1822.

A. Stuart to J. Neilson. Respecting the publication of the paper
on population, and personal matters.

L. J. Papineau to J. Neilson. Urging haste and disposing of the
several objections set up by Neilson for delaying their departure.

P. Bedard to J. Neilson. On money matters in connection with
the projected trip to England.

L. J. Papineau to J. Neilson. He hears that the Governor is giving
letters introducing Union delegates to Lord Bathurst, and suggests
effort to get them for Anti-Unionists.

Bishop MacDonell to L. J. Papineau. He has been ill and so,
prevented from going to England. Otherwise would have been glad
to accompany Papineau. He hopes to be able to start for England
by March, and to help Papineau in the work he has undertaken.

C AX AD I AX ARCHirE.<;

137

SESSIONAL PAPER No. 29b

Quebec

Jan. 7, 1823.

Berthier,
Jan. 7, 1823.

Neither place
nor date given.
(The letter is post
marked "15th Jan.
too late".)

Trois-Rivieres,
Jan. 8, 1823.

Trois-Rivi&res,

Trois-Riviferes,
Jan. 8, 1823.

Montreal,
Jan. 8, 1823.

Jan. 10, 1823.
Montreal,

Trois-Riviferes,
Jan. 10, 1823.

Quebec,

Jan. 11, 1823.

Montreal,
Jan. 13, 1823.

Quebec,

Jan. 13, 1823.

Quebec,

Jan. 13, 1823.

Montreal,
Jan. 16, 1823.

Montreal,
Jan. 16, IS 23.

Montreal,
Jan. 16, 1823.

Jan. 18th, 1823.

Montreal,
Jan. 18, 1823.

While reserving his opinion on a scheme for Union on a liberal basis,
he is determinedly opposed to everything affecting the liberty of the
subject or which encroaches on religion, and he revolts at the idea
of forcing a measure upon free born British subjects.

He gives Papineau directions respecting the letters of introduc-
tion entrusted to him,

J. F. Perreault to J. Xeilson. Asking him to see Mr. Saunders,
advocate in London, on a matter concerning education.

James Cuthbert to L. J. Papineau. Regrets that circumstances
prevent him from procuring letters of introduction which would
have been of great service to the delegates.

P. Bedard to J. Neilson at Montreal. Asking as to his London
address.

P. Bedard to J. Neilson. Governor leaves Bedard to make his
own arrangements for absence, but adds that the locum tenens must
have an absokite appointment as Provincial Judge. This is dis-
quieting to Bedard, as it jeopardizes his position. He realizes the
objections to him, a judge, going as delegate. Suggests Mr. Moquin
if he cannot go.

P. Bedard to J. Xeilson. Mr. Vezina offers to take the judgeship
at Three Rivers temporarily. But this does not remove essential
difficulty.

P. Bedard to J. Xeilson. On further reflection he concludes that
the risk of going to England is too great, and it will be impossible
to leave on the conditions offered. He is greatly mortified.

L. Guy to . Introducing Messrs. Papineau and Neilson

to his correspondent.

P. Bedard to J. Xeilson. He has just seen Mr. Ker, who is of
opinion that he would take great chances if he went to England.
Mr. Kerr advise? him not to co- "*'-i'- Kerr is an Anti-Unionist.

Austin Cuvillier to John Carter. Introducing the Canadian dele-
gates and describing their mission.

W. Lindsay to J. Neilson. Enclosing a letter to Mr. L^nderwood
of London, to whom the books for the use of the delegates against
the Union Bill were sent.

Horatio Gates & Co. to M. A. and G. Maxwell, Liverpool. Intro-
ducing Messrs. Papineau and Neilson.

Schedule of papers and documents furnished to John Neilson on
the occasion of his visit to England, as delegate of the opponents of
die LTnion Bill.

A statement of the contents of a box, called Box No. 1, signed by
Jean Belanger.

J. Bouthillier to Alex'' Maxwell, Liverpool. Introducing Mr.
Papineau.

R. J. Kimber to Sir W. Cumming Gordon, Bart., Edinburgh.
Introducing Mr. Papineau.

R. J. Kimber to J. Craigie, Edinburgh. Introducing Mr. Papi-
neau.

Hon. A. L. Juchereau Duchesnay to J. Neilson. Wishing him
bon voyage on the occasion of his departure to England.

Hon. L. R. C. deLery, introducing ^fr. Papineau to a brother in
France.

138

DEPARTMENT OF THE SECRETARY OF STATE

Quebec,

Jan. 22, 1823

New York,
Jan. 23, 1823.

Quebec,

Jan. 25 1823.

Quebec

Jan. 25, 1823.

Quebec,
Feb. 8, 1823.

Quebec,
Feb. 10, 182S

Liverpool,
Feb. 17, 1823.

Willow Park,
near Dublin,
Feb. 19, 1823.

Quebec,

Feb. 20, 1823.

4 GEORGE v., A. 1914

J. Belanger to J. Xeilson. Giving an account of the proceedings
in the Council and Assembly on the Union question. The Speaker
is sufficiently well disposed. He has taken no part in the debates,
but has assisted in the preparation of the Resolutions. It would
seem that the Speaker aims to manage both parties.

J. Neilson to J. Belanger. Notifying him of their arrival in New
York that evening. They will sail next day forenoon in the Nelson.
Captain Cobb, Liverpool.

James Stuart, agent for the petitioners for the Bill sailed on the
16"^ in the Columbia packet.

J. Bcianger to J. Neilson. An account of the proceedings in the
Legislature (29 Jan'y.). He regrets to observe that Messrs. Cuthbert,
Debartzch, Gugy and DeSalaberry have left Quebec, thus leaving in
the Legislative Council the same majority which has always opposed
the Assembly.

J. Belanger to J. Neilson. When they asked the Governor to for-
ward their petition to the King, the Governor was not well disposed.
He spoke in Eng-lish, but promised to accede to their wish. It was
suggested that the petitions from the two Chambers should be sent
to Mr. Marryat, but it was thought better to leave them in Neilson's
hands. Gives an account of the proceedings in the House as to for-
warding the petitions.

J. Belanger to J. Neilson. Giving an account of the proceedings
in the Assembly. Mr. Cuvillier who has been going over the public
accounts is satisfied that there has been a surplus of £38,000 stg.
between the establishment of the constitution and 1816, which has
gone into the British Treasury under an Imperial Act, 51 Geo. III.,
and that application should be made for its return.

J. Belanger to J. Neilson. Notes of proceedings in the Legisla-
ture. If the Legislative Council is not enlarged by the appointment
of several large proprietors whom he names, there will be no hope
of harmonious working. Mr. Felton who has been made a Legisla-
tive Councillor is an acquisition to the other side. (15 Feby.) The
Honourable Mr. DeGaspe died on 12*"^ of month.

J. Neilson to J. Belanger. He arrived in Liverpool on the 16**^
inst., having sailed from New York on the 24**^ ulto., in the Meteor.

He got the petition out of the Customs this day, and on the 18"*
sets out for London.

Parliament met on 4'''^ inst. Nothing is known as to proposed Bill.

Sir Robert Waller to J. Neilson. Offering him every assistance
in his power, and telling him what he has done already at the instance
of his brother Mr. J. Waller of Montreal.

J. Belanger to J. Neilson. The Committee on the Public Accounts
from 1791 to 1822 has made its report. A copy was obtained secretly
and sent to the Chateau, where a reply was prepared tending to show
that the Executive may appropriate all the revenues produced by
14 Geo. Ill, and the Casual and Territorial revenue. A proposition
to make a representation, regarding the Canada Trade Act is opposed
by Mr. Viger on the ground that the times are too critical. There
is a feeling that, although the Assembly would be justified in a pro-
test against the Governor's withholding the memorial from Upper
Canada, the proceedings might be turned to its disadvantage. It is
thought that perhaps the same ends would be attained by a repre-
sentation from the delegates in England to the Colonial Office.

CAXADIAX ARCHIVES

139

SESSIONAL PAPER No. 29b

28 Norfolk St.,

Strand,

Feb. 25, 1S23.

Quebec,

Feb. 25, 1823.

March 4, 1823.

28 Norfolk St.,
Strand,
March 5, 1823.

March 6, 1823.

L. J. Papinean and John Xeilson to Eobert Wilmot, M.P., Down-
ing Street. Announcing their mission and asking when it will be
convenient for Lord Bathurst to receive them.

J. Belanger to J. Neilson, Sessional notes.

And. Loughran to A. W. Roberts. Commending Messm. Papineau
and Xeilson to his attention and asking him to introduce them to
Sir James Mackintosh, if convenient.

J. N'eilson and L. J. Papineau to Sir James Mackintosh. Stating
their mission on behalf of Lower Canada, and informing Sir James
that they had petitions signed by upwards of 'ijOOO ^freeholders of
Upper Canada, which were addressed to him. They thank him for
his opposition to the Union Bill in the House of Commons, and ask
for an opportunity of waiting upon him.

Memorandum of an Interview of the Canadian Delegates with
Mr. Wilmot, M.P. (In J. Neilsons handwriting.)

The delegates met Mr. Wilmot in his room in the afternoon of
1^* March. Speaking in French, Mr. Wilmot discussed the circular
of the Montreal Committee of the IQ^^ Dec, 1822. He noted first
the statement in the circular that it was said by the movers of the
Bill introduced the session before that " the proposed law would be
received with satisfaction by all His Majesty's subjects in the
Canadas " and stated that it was not expected that the Bill would be
in accordance with the wishes of the French Canadians, but that it
was thought the measure would be ultimately for their good. If
the three branches of Parliament approved the measure it could
hardly prove otherwise as they could be under no prejudices. He
instanced the case of a child who might dislike first going to school,
but sending him there was nevertheless for his advantage.

Mr. Wilmot changed the conversation to English, and took up that
part of the circular which stated that the measure would be destruc-
tive of their laws, etc. Mr. Papineau said that part referred only
to the petition of the Montreal Unionists and stated that the peti-
tioners had the fullest confidence in the Government of the Mother
Country. Neilson observed that during the thirty years he had
been in Canada he had never heard anybody complain of the Gov-
ernment at home, that there were squabbles with the Colonial Gov-
ernment, but that there was no desire to carry them further. Mr.
Wilmot observed that there were squabbles everywhere.

Neilson drew attention to the general opposition to the measure,
and stated that the Government at home could not be very correctly
informed regarding local matters, that there were 60,000 signatures
to the petitions entrusted to them, that not only the French Cana-
dians but half the British born were opposed to it, that there were
over 6,000 names to the petitions which they brought from L^pper
Canada.

Mr. Wilmot remarked that every person who embraced a side could
make out a strong case for it and seemed to think that Neilson was
rather hasty in stating objections. Neilson replied that he did not
intend to imply that numbers gave reason. Mr. Wilmot then said
he was telling no secret in saying that some time ago Lord Bathurst
had written to Lord Dalhousie to say that the measure could not be
reproduced at present; that the delegates could not occupy themselves
better than in entering, in writing, into details of their position,
taking the bill as printed last session and observing on it clause by

140

nEPAh'TMH^T OF THE SECRETARY OF STATE

London,
March 6, 1823.

Quebec,
March S, 1823.

1823.

Quebec,

March 12, 1823.

4 GEORGE v., A. 1914

clause; that they might see Lord Bathurst whenever they pleased.
They then left with Mr. Wilmot a number of papers.

J. Neilson to J. Belanger. Giving him an account of the inter-
view with Mr. Wilmot. He does not think any useful purpose would
be served by his staying longer in England, but will await advices
from Canada.

J. Belanger to J. Xeilson. Everything has gone wonderfully this
session. They have sent fifty-four Bills to Council. There will be
perhaps ten more. As usual their favorite Bills have been rejected,
viz. : those for the incorporation of towns, for a census and for
education.

He recounts the course of proceedings in the Chamber.

A draft made by Neilson of a letter written apparently while in
England, in connection with his mission as a delegate of those opposed
to the union of the provinces.

The Canadians are to a man opposed to the union. Neilson regards
their attitude as indicating attachment to the constitution. Any
great change will strike at the root of confidence in the government.
He discusses the sort of Parliament there would be if Union took
place, and points out the difficulties which would arise.

J. Belanger to J. Neilson. Account of Legislative proceedings.

28 Norfolk St.,

Strand,

March 15, 1823.

Quebec.

March 19, IS 23.

Montreal,

April 12, 1823.

Montreal,
April 17, 1823.

Downing Street,
April 28, 1823.

London,

April 29, 1823.

London,
June 27, 1823

J. Neilson to S. Cock. Giving him an account of conditions in
Canada. Population of Lower Canada about 400,000; of Upper
Canada about 120,000. Xo desire for Union shown by fact that
petitions therefor did not exceed 10,000 names, part of persons having
no stake in the country. By the terms of Union .Bill and the cir-
cumstances. Lower Canada would have no more members in united
assembly than Upper Canada.

J. Belanger to J. Neilson. Account of Legislative proceedings.

P. ^L Bruneau to Samuel Neilson. Enclosing a note to him
from J. Xeilson, which was enclosed i:i a letter from Papineau to
Madame Papineau.

F. A. Quesnel to J. Neilson, London. Introducing his brother
Charles Quesiiel.

Ilorton Wilmot to L, J. Papineau and J. Xeilson. Will receive
them at one o'clock.

J. Xeilson to J. Belanger. He and Mr. Papineau are satisfied
with the results of their labours, which he describes as onerous.
Canadian affairs remain the same as when he wrote last. They have
asked for an interview with the Secretary of State for the Colonies,
and this has been fixed for Thursday next. Upon the result of that,
and on the first letter received from Belanger after the prorogation
of the Assembly will depend the time of his embarking for Canada.
]\Ir. Papineau aud Mr. Stuart seem disposed to remain longer.

L. J. Papineau to J. Xeilson. Wilmot delays presenting petitions;
probably wishes his hands were clear of the whole business. Speaks
of a discussion between Mr. Wilmot and Mr. Davidson as to the
working of the Bill if carried. He sends a copy of a letter addressed
to Lord Liverpool on the state of the colonies — full of untruths. Mr.
L^nderwood thinks it is the work of the Bishop. £5,000 were voted
for ministers, whether dissenters are to benefit is not clear; also
£15,000 for immigration to Cape and Canada.

CA\ADIA\ ARCHIVES

141

SESSIONAL PAPER No. 29b

Trois-Rivieres,
July 1, 1823.

Quebec,
July 4, 1823.

Trois-RiviSres,
July 30, 1823.

Quebec,

Aug. 13, 1823.

Quebec,

Aug. 15, 1823.

Quebec,

Aug. 16, 1823.

Aug. 23, 1823.

Montreal,
Aug. 30, 1823.

Montreal,
Sept. IS, 1823.

P. Berlard to J. Xeilson. Welcomes him home, and asks if he has
obtained recommendations to the Governor regarding an agent. The
ministers must see the necessity of it, if they wish to avoid pitfalls.

Bedard will communicate to the Committee the sub.stance of his
lettei'.

At a meeting of the Quebec Committee, a letter was read from
Mr. ^eilson, on his return from England, and he was accorded a vote
of thanks for the " zeal, capacity and diligence with which he dis-
charged the important mission imposed iipon him by the Committee
for the general interest."

P. Bedard to J. Xeilson. The Trois Rivieres Committee is sending
to the Committees of Quebec and Montreal, each, the sum of £39 and
some shillings, which represents the total of the subscriptions in
that district. He laments the lack of zeal in the district, when it
comes to paying out money. Some of the principal members of the
Committee have under various pretexts refused to pay their sub-
scriptions.

A. Stuart to J. Neilson. A lengthy discussion on theories of
population.

A. Stuart to J. Neilson. He is provoked at his inability to detect
the fallacy in M. Sismondi's argument. In the course of his letter
he tells of a client of his an old mad woman who six or eight years
before came to have him institute a suit on her behalf. Her state-
ment was that five or ten years before she had left with a habitant
on the Island of Orleans a cock and two hens and one or two sheep,
and that she was entitled to these birds and animals as well as the
young which they had produced or ought to have produced with
proper management. The generations were numerous and proceeded
as she stated them in geometrical progression, it was doubtful whether
all the fowl on the Island would have been sufficient to satisfy her
claim.

His idea is that Sismondi's argument is about as plausible. How-
ever he asks Neilson to give his mind to it, and see if he cannot
disentangle it.

J. Plante to J. Neilson. Inviting him to a public dinner to be
held in Quebec to mark the satisfaction of the people with the results
attending the efforts of the delegates against the Union Bill.

The Constitutional Committee of Trois Rivieres of which the
Honourable Pierre Bedard was president, passed a vote of thanks to
Mr. John Xeilson for his services in England.

D. B. Viger to J. Xeilson. He has read a pamphlet and the letter
to Lord Liverpool. Suspects the author to be a resident of Canada.
He has always believed that views of justice in government prevail
in England, and the obvious malignity of the writings will help the
Canadians. Members of the Church of Scotland are scandalized at
the attack. He condemns the bigotry which arouses passions in a
country like this. " Leave old Europe to its exclusive laws. They
have done harm enough there. Why transplant here passions which
are unknown? "

D. B. Viger to J. Neilson. On the Union question, all is in doubt.
Mr. Desrivieres says it is not mentioned; others say the Ministry
would be glad to have it buried from sight. About the finances, why
are deposits and payments made at Bank of Montreal? The financial
question is one which enables traitors to create confusion, bury their

142

DEPARTMENT OF THE SECRETARY OF STATE

Montreal,
Oct. 13, 1823.

Cap-Sant€,
Nov. 10, 1823.

Montreal,
Nov. 29, 1823.

Trois-Rivi&res,
Dec. 16, 1823.

Trois-Rivieres,
Dec. 27, 1823.

Trois-Rivieres,
Dec. 27, 1823.

1824.

Montreal,
Jan. 29, 1824.

4 GEORGE v., A. 1914

own past, and fish in troubled waters. Discusses an ecclesiastical
dispute to which Mr. Chaboillier was a party. Trade is very bad.
The administration of justice deplorable.

D. B. Viger to J. !Neil=on. Two letters have been received from
Papineau. In the first he feared the Union question would be
revived. In the second, he spoke of seeing Lord Bathurst who was
much impressed by the Anti-Union case as disclosed by the documents.
The British Government, he declared, had nothing but the interests
of Canada at heart. Nothing is to be done at present. If any thing
shouM be contemplated in the future, nothing would be done with-
out first consulting the Legislature. Mr. James Stuart has returned,
and they say going back at once, as the Union cause is progressing
favourably. Viger thinks this is a way of letting Stuart down easily,
as he does not believe in the duplicity of the British Government.

G. W. AUsop to J. Xeilson. Asking whether he has given any
further thought to a proposition made to him by Mr. Allsop two years
before for the establishment of an office for the registration of
patents.

L. J. Papineau to J. Xeilson. Is chagrined at the persecution 1o
which Neilson is being subjected by the Governor. He is satisfied
that, in the attacks on the Gazette, can be seen the intriguing hand
of the Chief Justice, reaching out for a share in the IsTeilson business
for some of his creatures. Criticizes the form of the Estimates of
previous year^ with the distinction of Civil Government from a Gov-
ernment which is neither Civil, Ecclesiastical nor Military, but
Local. This is the Chief Justice's verbiage. Mentions the mis-
fortunes of Davidson and Caldwell. Regrets that the judicature is
bemiring itself more and more with politics.

P. Bedard to J. Neilson. Asks Neilson's opinion on some remarks
he made on the sheriff of Quebec which seem to have excited some
feeling. He criticizes the action of the Assembly regarding the
sheriff. In his view the whole trouble is that he is the son of the
Chief Justice, who also combines in his person the offices of Legis-
lative and Executive Councillor.

P. Bedard to J. Xeilsoai. There was no occasion for worry regard-
ing the matter mentioned in previous letter. Discusses the undesir-
ability of judges being in Council. One judge, no friend of the
Assembly, but holding similar views, believed that if the pay of
judges were increased on condition of their giving up the Council,
they would be glad to accept the offer. Gives some general views
on financial question, of which he professes to know little.

P. Bedard to J. Neilson. Respecting a petition which he is pre-
senting to Council.

A form of call to a pastor to succeed the late Reverend Alexander
Spark in St. Andrew's Church, Quebec.

It is signed by J. Neilson, only.

J. Brown to J. Neilson. He expects Mr. Papineau or Mr. Stuart
will bring forward resolutions similar to those passed in the House
of Assembly of Upper Canada, with respect to the claims of the
Scotch church to the Clergy Reserves. It has been suggested that
a monument be erected when the claims are recognized, bearing the
names of those who bring forward and support the claims. He
would like to see John Neilson's among them.

CAXADIAX ARCHIVES

SESSIONAL PAPER No. 29b

143

Montreal,
Feb. 9, 1S24.

St-Ours,

Feb. 10, 1S24.

Trois-Rivi^res,
Feb. 11, 1824.

Montreal,
Feb. 17, 1824.

Montreal,
Feb. 17, 1824.

March 14, 1824.

Trois- Rivieres,

March 26, 1824.

Montreal,
March 30, 1824

clergymen of ,he Church of ScotLrdTn Z n P="i<^'P«"°" <>f 'ie
are an.xious that their clai^rsCuld „„ * S"^'' ^""T^^- '^''«5'
claims of the Dissenters. They cUe ihrl 1 "T?}^ "■'"' "'^
England and Scotland to sh™ the e^em a 'liff.r "1,°" '"""'="
two claims. As regards at lo,., .1. b ? ■-l'»crence between the

do not think a„ytlirgl;LlTt' :e;rs[?^as"h: Srim' '"^^

body ya„i,r in a .rert^rr^n-hts-ldroT tt'lttiti ''''^
(oJ^n^ltrr )' hu't iS'''h- "doJJt 'r L*-^ '-- '» ^ei,s„„
.ions similar to thoslpa d ^ C^per clrda" K' "'"" °* T"'""
on the action of the Legislature in S2I o, '^in IctTr^" ^'^'^
tain marriages heretofore solemnized in thtf ■ j™ """
:'^?t;/'''^>- was. simply aTelre;:;Ln1r"thattss:d L'

SfaS\:L-=di:v^ie!-rsfd:r^^^^^^^^^

such marriages performed after the passing of the Acts ^""''

tie suggests the course to be taken in tli^ T^ • i .
the resolutions, if introduced ^ legislature respecting

.f , ^®^- -'-^-'-' t^e Government would be resourcelp-^« tt..
necessity for perpetual Civil List Paninean' rl l • ^^''^^

with the neutrals in Assembly A^enoTapnrart'b '" ''''"^'"^
favour with the Government ^^ *' ^' '"^'"^ ^^^^

^^^P.. Bedard to J. A^e-j^.^. ^^^^^^^^.^^ arrangements for their

He points out the desirabilifir r^f « ,

chamber. This might co^l^ri^Lie^'o^-nl rTh^r "heT^rre'-:
"0 public opinion. »*xif-re ne is, tnere is

xl!.rfe:tirnttl"t:ntefpS"ffe^^^^^' =' '^^ ^^ °^

.a::"?r:i,^rhit^^trifto'\i.^.'*^-"^ '---- «'-

144

DEPARTMEyr OF THE SECRETARY OF STATE

Quebec,

May 19, 1S24.

Montreal,
June 26, 1824.

Montreal,
July 12, 1824.

July, 1824.

Montreal,
July 26, 1824.

Montreal,
Aug. 14, 1824.

Montreal,
Aug. 27, 1824.

Montreal,
Aug. 27, 1824.

Montreal,
Sept. 13, 1S24.

Quebec,

Sept. 19, 1824.

4 GEORGE v., A. 1914

Colonel H. Darling to Col. DeSalaberry. The Commantler of the
Forces cannot make an appointment to receive a deputation from
the Huron Indians as proposed in DeSalaberry's communication.

D. B. Viger to J. jSTeilson. Discusses the affair of the Quebec
Gazette. He states that the right of a periodical publication to its
title is the same as any other proprietary right. Rights in literary
property have, also, been recognized in Courts and in the opinions
of jurisconsults. He then goes on to consider by what legal pro-
ceedings Xeilson could get his rights recognized.

F. A. Quesnel to J. ISTeilson. Introducing Mr. DeBresson,
Secretary of the Danish Legation at Washington and Mr. Cabal,
who are travelling in Canada at present.

An indenture signed by Charles Langevin, J. B. Renaud and
Anthony Anderson, certifying that, as the result of the election just
held, John ]Sreilson and Michel Clouet, are elected members for the
county of Quebec.

D. B. Viger to J. Xeilson. Learns with pleasure Neilson has
reconsidered his determination to retire from public life. Some
reflections on public life in a country like Canada.

D. B. Viger to J. Xeilson. The Union scheme was not a lucky
one. Discusses probability of British Ministers disagreeing with
Government in Canada as to disposition of public funds. Duke of
Richmond was said to hold, privately, that contentions of Assembly
were correct. Absurdity of Government's distinction between per-
manent and local appropriations. Rumours of revival of Union Bill.

D. B. Viger to J. Neilson. Speculates as to why Lord Dalhousie
is going to England. Duke of Richmond approved, privately, of
Assembly's course as to finances. Ministers, also, it is said. Respect-
ing a bill presented to the House with view to influencing elections,
in which it failed. British Government more conciliatory. Cana-
dians at disadvantage on account of language. Lady Selkirk ad-
mitted that it was desired to apply to Canadians the policy in force
in Ireland. His steady confidence in British Government would be
shaken in such a case. He suspected the post office of tampering
with his letters.

D. B. Viger to J. Xeilson. Learns of vexation at Unionists at
their failure. Their hopes based on difficulties arising from terms
of Canada Trade Act, which they thought of opposing. Their
doctrine that a colony cannot be subjected to any laws but those
published in the colony and by the colony seems to lead towards
independence.

D. B. Viger to J. Neilson. Papineau's state of mind. Viger
inclined lo disbelieve Neilson's suggestions that the Ministers could
have "' woven so odious a plot." As to possible action of Assembly,
of which Xeilson has written. Viger believes that they cannot help
luiion more effectively than by giving an excuse for getting rid of
them. Wants to know if local expenditure will not be paid. Dis-
cusses case of Quebec Gazette.

J. Xeilson to D. B. Viger. Has been informed that Lieut. Gov-
ernor would have paid all government expenses, if Lord Dalhousie
had not referred the question of Local expenses to England. Knows
nothing certain about Union matters, but those having correspondence
with England think it is coming next year. Reflections on the virtue
of patience in politics. Canada has not all her rights but she is

CAXADIAX ARCHIVES

145

SESSIONAL PAPER No. 29b

Calais,

Sept. 24, 1824.

Calais,

Sept. 24. 1824.

Sept. 24.

Montreal,
Sept. 25, 1824.

Paris,

Oct. 9, 1824.

freer than France. Those having nothing to do with politics are as
well here as in the freest and best governed country. Let them
keep their manners, and taste for hard work, and let them get know-
ledge, and all will come out right. Though the Assembly are full of
contentions, they will show more unanimity in defending their rights
than one may think. There is a discussion as to whether the
Assembly should not hold matters in virtual suspense until the fate
of the Province is settled.

A. Stuart to J. Neilson. This letter is largely occupied with the
proposed suit of Xeilson and Cowan against the Earl of Dalhousie.
He speaks, in addition, of his election for the Upper Town of Quebec,
and of the secret influence of the Lieutenant Governor on behalf
of his opponent, Mr. Primrose.

When he returns to Canada he intends to take up his residence
in Montreal.

A. Stuart to J. Xeilson, Thanks for friendly services at the elec-
tion of the Upper Town. He would have been humiliated by being
defeated by such a man.

He gives information of what he has done regarding the affairs
of Xeilson and Cowan, and discusses the probable results of an
action on their part. He suggests consideration of a memorial to
the E. of B. (probably Earl of Bathurst), pointing out the judicial
abuses of authority. He rather favours the idea.

Memo, for Mr. Panet. The principal part of Mr. Neilson's
account against Mr. Smith is for printing his History of Canada.
That work was printed and bound in boards in 1815, making 600
volumes, but has never been taken up by Mr. Smith. When Mr.
Xeilson retired from business in 1822, the volumes were deposited
with Mr. Cowan, in whose charge they still remain subject to the
orders of Mr. Smith. Mr. Smith has been frequently requested to
relieve Mr. Xeilson from the charge of guarding his property.

D. B. Viger to J. Xeilson. Is depressed over public affairs. Why
cannot the Ministry see the folly of crushing those who have every
motive for attachment to the Government? Why are Canadians
exceptionally treated among British Colonies? He is glad of the
agreement of Lieut. Governor as to absurdity of division of expen-
ditures, which he illustrates. Agrees with Xeilson as to general
well-being of country, but how long will this remain with first prin-
ciples of government misunderstood and combatted? Deplores lack
of communication between Canadians and British Government.
Papineau in low spirits, but has hopes for eventual triumph of
sound principles. Lieut. Governor has been in Montreal and is
much pleased with his reception and what he has seen. Viger
inquires as to object of visit of certain members of Imperial Parlia-
ment.

A. Stuart to J. Xeilson. Kespecting Xeilson and Cowan's affairs,
and current French politics. Is rather pessimistic as regards the
future in Canada, owing to lack of cohesion in Legislature, and of
steadiness and perseverence indispensable in popular bodies. Has
heard that Dr. Strachan and James Stuart had been engaged in
framing a Union Bill, though the former is not friendly to the idea.
But he does not believe Union will be effected. Hoped to see the
agitation regarding the shrievalty of Quebec revived. Bishop
MacDonell has been in Paris. Dr. Strachan has been made Areh-

29b— 10

146

DEPARTMENT OF THE SECRETARY OF STATE

Quebec,

Oct. 19, 1S24.

Montreal,
Oct. 19, 1824.

Trois-Rivi^res,
Oct. 2«, 1824.

Montreal,
Oct. 26, 1824.

Montreal,
Nov. 1, 1824.

Paris,

Nov. 2, 1824.

Quebec,
Nov. 4, 1824.

Montreal,
Nov. 6, 1824.

4 GEORGE v., A. 1914

deacon of Kingston, with promise of bishopric of Upper Canada on
death of present bishop. Col. Cockburn and Col. Harvey going out
as commissioners on Upper Canada Crown Land business.

A receipted account of the Commission for managing the Estates
of the late Jesuits in Canada against John Neilson.

D. B. Viger to J. Neilson. Is greatly agitated by news in Quebec
Gazette of revival of Union scheme. If this disregard of wishes of
Canadians is determined upon, there is no use in sending an agent.
The measure would tend to overturn the ideas he has entertained
all his life of respect for the British Government.

He hears that James Stuart's nomination as attorney general is
announced.

P. Bedard to J. Neilson. Is pleased with Neilson's comments
respecting Union. If the ministers do not wish to hear Canadians
again it is useless to worry.

D. B. Viger to J. Neilson. As to whether reliable information
respecting Union is obtainable. It is reported Lord Dalhousie is to
have a command in India. This will be agreeable to a man of his
acquisitive habits.

' D. B. Viger to J. Neilson. Reflections on re-introduction of
LTnion Bill, which he inclines to attribute either to the willingness
of Great Britain to have Canada separated from her, or what is
more likely, to the ignorance in England of everything concerning
Canada. Lord Londonderry was so much affected by representations
of danger to connection between Canada and Mother Country, that
he dropped the Union Bill, and, instead, brought in the Canada
Trade Act. It is said in London that the English in Canada, in
their dislike of the Canadians, were prepared to take the risk of
annexation to United States. There is a rumour that the U^nion
Bill is to be set aside, and a Bill brought in for federal union of all
the British provinces.

Lord Bentinck will succeed Lord Dalhousie in Canada.

In Erance they are observing the contradictions which subsist
between the free constitution and the monarchical institutions which
remain. The Opposition papers complain of bureaucracy, central-
ization, and ministerealisme, the suppression of commvnial liberties,
etc., etc.

A. Stuart to J. Neilson. Asks him to meet the Huron Indian
council on his (Stviart's) behalf respecting their claims to the lands
at Sillery. It is suggested that Indians prepare a petition to King.
Neilson and Cowan's affairs. Sir Gordon Drummond would like to
return to Canada as governor. . He declined Nova Scotia. He in-
dulges in some reflections on certain political anomalies in Erance,
and their counterparts in Canada. The affairs of the Canada Com-
pany. There will be a large immigration from Ireland, but owing
to the opposition of the land holders none from the Highlands.

Sir Erancis Burton to J. Neilson. Giving him an appointment
to see him.

D. B. Viger to J. Neilson. There appears to be some opposition
to Papineau's continuance as Speaker because he took no part at the
benediction of the parish church at Montreal. Is ashamed to men-
tion these puerilities. Regarding the LTnion question he wonders
that the pamphlets printed in London have not reached Canada.
He condemns the constant intriguing.

CANADIAN ARCHIVES

147

SESSIONAL PAPER No. 29b

Montreal,
Nov. 6, 1824.

Quebec,

Nov. 10, 1824.

Quebec,

Nov. 10, 1824.

Quebec,

Nov. 11, 1824.

Montreal,
Nov. 13, 1824.

Trois Rivieres,
Nov. 17, 1824.

Paris,

Nov. 17, 1824.

Montreal,
Nov. 18, 1824.

Montreal,
Dec. 8, 1824.

29b— 10^

th?n,fhlJ f ' ''/-J^f''"'- P«P"^^^" ^ould have no objection to
the publication of the letter written by himself and Neilson to Mr.
Wilmot Horton, if he could be sure it had been actually published
in J^ondon Again discusses the divisions of the expenditures
Jielievmg that good politics is bound up with good morals, would
like to see the subject considered in the light of justice and common

J. ^'eilson to J. Butterworth, M.P., London. (Draft.) Intro-
ducing the Chief, Secord Chief and two Chiefs of the Coundl of
he_ Indians domiciled at Lorette, who are visiting England tday
the,r case as respects their rights to the land granted to their fere
fathers, before the King. He gives an outline of their else!
J. ^eilson to Messrs. Underwood. (Draft.) Introducing the

tlieir good ofiices for the representatives.

L. Juehereau Duchesnay to Chief of Huron Indians. He has la-:d

stn'of Se sT""* ""r^T ''''''' ^^^^^- ^° ^ put in poi^
sionof the Seigniory of Sillery, of which they were wrongfully
deprived by tJieir guardians, the Jesuit Fathers, and h's Excenency
promised he would immediately forward it to the MfnTstfy ^

D. B. Viger to J. Neilson. Dr. Stewart of the Townships is
back from England. James Stuart seems confident regrd'ng th'

t^e'unio^wl b'fTi?^"^'-'^" ' ''' '' P^P-^ f- and agai^.t

hat the cJ 1 ^^ ^?. ^"f *'^ ^^ ^"^^^^^- I^ ^^^^« to Viger
that the Canadians are like those peoples of ancient times, who^

fte was deeded as if they were mere. possessions. He feels bitttr"

hi. mistake regarding the good faith of the British Government

He agrees with Neilson as to propriety of paying £500 to Sir jTme.

Mackintosh for his services, but where will they get the monev?

Cn ™""1^° J- ^^^^«"- Has communicated to the Trois Ri;ieres

leSTi •" ^^^^^^°^".*--f/f tl^e Quebec Committee. Wonders wha

It ^ tr ''i-^^' Y^'^"" ''^'''''''- ^^^-^ it the proceedings of
the Assembly regarding the finances?

win'w^^^'^^^^'/j ^^'"^T- ^'^' ^^°* ^'^'^^^ ^^itish Governmem

Tchime Hnd ^"^" '" ^'^'"T '"^ ^^^^^^ ^-^-^"^^ the Fnicn
^cheme. Had some gossip on the subject from Bishop MacdonneLl

M Stuart regards the scheme not as the malady but the symptom.

The malady IS the distrust which has been excited in England a « to

the colony, ite feelings and views. The only efiicient remedv i. to

have a Canadian agent on the spot. Does not feel competent to

handle the petitions against the Union. The Colonial Office has

accepted the terms of the Canada Company and is sending out CoL

Cockbum and Col. Harvey as commissioners.

D B. Viger to J. Neilson. The Montreal Committee met. The
question of remunerating Sir James Mackintosh for his services was
discussed. James Stuart is expected home. Papineau is writing
to Sir James Mackintosh. Xeilson should do the same.

D. B. Viger to J. Neilson. Leanis he was mistaken in stating,
of one gentleman that he was opposing Papineau as Speaker for hh
negligence m church matters. Enquires as to rumour that James
Stuart IS to be appointed Attorney General, Mr. Uniacke judge, and
Mr. Eeid chief justice. Speaks of his Bill regarding practice in the
L^ourts.

148

DEPARTilEXT OF THE SECRETARY OF STATE

Z<oiidon,
Xlec. 14, 1S24.

Bedford Square,
Uec. 20, 1S24.

TEtTHS-Riviferes,
Dec 22, 1824.

Troia-Rivi&res,
Dec. 23, 1824.

Dec, 1824.

13ec, 1824.

3io date.

4 GEORGE v., A. 1914

John Davidson to J. Neilson. Has been selected as arbitrator on
question of rate to be paid for lands by the Canada Company, in
Upper Canada. Mentions the other parties. Does not believe Union
scheme will be brought forward. Amendments are to be made in
Canada Act, relating to tenures, which indicates nothing to be done
regarding Union. Railway building occupies attention in England,
which makes doubtful the prospect of Canada getting money for
canals.

Jos. Butterworth, M.P., to Lord Bathurst. (Copy.) Forwarding
a copy of Mr. Neilson's letter of the 10*^'* Nov., 1824, and setting
forth the facts on which the claim to the Seigniory of Sillery was
based, and the proceedings respecting the claim.

P. Bedard to J. Neilson. The resolutions of the Quebec Com-
mittee have been received at Trois Rivieres. The committee at that
place would meet again that day.

P. Bedard to J. Neilson. The resolutions have been very much
approved in their committee, and are being sent on to Montreal.

Resolution of the General Committees of the i)etitioners of Lower
Canada against the Union Bill that Sir James Mackintosh be
requested to take charge of the petitions should it become expedient,
and to present to the House of Commons the petition addressed to
that House, and to entrust the petition to the House of Lords to
any member who may be willing to present the same.

Resolution of the General Committees of the petitioners of Lower
Canada against the Union Bill that they continue to entertain the
most lively gratitude to Sir James Mackintosh and the other gentle-
men who opposed the passing of the Bill in the House of Commons,
and that they would wish Sir James Mackintosh to support the
petitions in opposition to the Bill in so far as he may deem it to be
consistent with his duty as a member of the House of Commons,
both with His Majesty's Ministers and in Parliament.

(Copy.) A memorial addressed to the Earl of Bathurst by
Samuel Mackay, a half pay officer, then of Prince Edward Island,
praying against the contemplated escheat of Lot 55 in that Island,
which was granted to Francis Mackay, Surveyor General of the
Woods, Samuel Mackay and Hugh Finlay. (The memorial throws
light on the proceedings taken in the Island, in cases where, for
some reason or other, forfeiture of grants was determined upon.)

A memorandum recognized by Mr. Neilson and Mr. C. L. Plante
as being in the handwriting of Judge P. A. DeBonne. It is addressed
to the Commission for the management of the Estate of the late
Jesuits, and suggests the dismissal of Michel Amable Berthelot
from his agency, and of Mr. Plante from his office of Inspector of
King's Domaine, and that the concessions to Mr. Neilson if not
completed, be stopped, as it is not desirable to encourage persons
of such principles.

PAPERS CONCERNING THE RELATIONS OF THE PROPRIETORS OF THE QUEBEC
GAZETTE WITH THE GOVERNMENT.

€2a^}ec,

A^-il 6, 1822.

Col. J. Ready to J. Neilson. The Governor General is displeased
with course pursued by Quebec Gazette. Its perfect apathy towards
the interests of the Crown. He has decided that the Quebec Gazette
shall be published under a commission revocable at pleasure, and the

CAXADIAX ARCHIVES

149

SESSIONAL PAPER No. 29b

Quebec,

April 12, 1822.

Quebec,

April 27, 1822.

April 29, 1822.

Quebec,

June 21, 1822.

Aug. 29, 1823.

Aug. 30, 1823.

Sept. 4, 1823.

Malh lots' Hotel,
Sept. 6, 1823.

Sept. 9, 1823.

Sept. 24, 1824.

Oct. 2, 1823.

Oct. 2, 1823.

Oct. 2, 1823.

Oct. 3, 1823.

Oct. 10, 1823.

editor hold his appointment likewise. He is to be paid from the
profits of the Gazette.. If Neilson will continue on these terms, weli
and good, if not, arrangements shall be made with other persons.

J. Xeilson to Col. Ready. Cannot see that any change has been-
made in character of paper during the twenty-five years it has been
in his hands. Gives a history of the paper since it was founded in.
1764. Was considering the transfer of the paper to his son, Samn(d
Neilson, who seems inclined to agree to the Governor's terms. His
intention is to sell the whole establishment to Samuel Neilson and"
William Cowan.

Col. Ready to Samuel Neilson. Governor accedes to Mr. Neilson's-
wish to have the word Gazette left out, and to have the superscrip-
tion " Printer to the King's Most Excellent Majesty." The Governor
agrees to the principle proposed by Mr. Neilson regarding the editor-
and his compensation, but would like him to be more specific.

A memorandum prepared by John Neilson for his son and Mr,..
Cowan respecting the relations between him and the Government.

A. Vv^ Cochran to Samuel Neilson. The latter is appointed
King's Printer. Hereafter every paper should bear the word*
" Printed by Authority," and at the end " Printer to the King's Most
Excellent Majesty."

John Charlton Eisher to S. Neilson. He has been appointed
editor of the Quebec Gazette by a commission under the Great Seal.
Asks Neilson as to terms on which they can unite.

i\. W. Cochran to S. Neilson. Notifying him of Mr. Eisher^s
appointment, and. asking him to give the latter all necessary infonna-
tion.

S. Neilson to Mr. Eisher. Will give him information on any point
mentioned by him.

J. C. Eisher to S. Neilson. Asking for information respecting his
compensation, adding that this is really a question which should
have been settled between the Government and Neilson.

A statement of the net average revenue of the Quebec Gazette for
six years ended 1^*- Jany., 1822, and the revenue for one year ended
l«t May, 1823.

J. C. Eisher to S. Neilson. Respecting his relations to the Gazette^
Reminds Neilson that it depends upon the Government's patronage-
for its right to be the Quebec Gazette, or official organ of Lower
Canada. He himself is not a mere Gazette writer, but a principal,
an officer responsible to Government alone. As between the printer
and editor, the latter held the superior position. He cannot consider
an offer of one-third of the profits from the Government busings-
Is willing to take one-half the profits.

S. Neilson to J. C. Eisher. Cannot see his way to increase the
offer he has made. If the Government bu.siness is withdrawn, be-
will bear the loss philosophically.

S. Neilson to A. W. Cochran. Giving Mr. Cochran the sub-
stance of his reply to Mr. Eisher, and discussing the matter again-

S. Neilson to J. C. Eisher. Cannot accept Mr. Eisher's terms^

J. C. Fisher to S. Neilson. With further reference to the pro-
position declined by Neilson.

A. W. Cochran to S. Neilson. Neilson's commission ;is Kiiisr's-
Printer is recalled, and the publication of the Gazette will be left
entirely with Dr. Eisher as editor of the Gazette and King's Printer.-

I

150

DEPARTiJEXT OF THE SECRETARY OF STATE

Oct. 11, 1823.

Quebec,

Oct. 12. 1823.

Quebec,

Oct. 23. 1823.

Oct. 23, 1823.

Oct. 27, 1823.

Oct. 2?, 1823.

Oct. 30, 1823.

Montreal,
Nov. 1, 1823.

Quebec,
Nov. 4, 1823.

Quebec,
Nov. 5, 1823.

Dec. 23, 1823.

Quebec,

April 1.5, 1824.

4 GEORGE v., A. 1914

Draft of a letter in Samuel Neilson's handwriting but not signed
nor addressed. As regards the recall of his commission, the Gazette
will be conducted without any connection with the Government. It
will be carried on after the manner of its predecessor, and its
columns will always be open to a firm but temperate support of the
constitutional rights of the subject, and to writings tending to
advance the interests of Canada and the happiness of its people.

Statement of the case prepared for the opinion of Andrew Stuart
by Neiison and Cowan as to the right of the Government to publish
its notices in any other paper, even supposing it took the same title.

Mr. Stuart gave it at his opinion that the notices referred to in
the Provincial Ordinance 25 Geo. Ill, c. 2, s. 33, can only be pub-
lished in the Gazette then known by the name of the Quebec Gazette,
and still subsisting under the same name. The remedy for an in-
fringement of the right is either by injunction or by action for
damages.

Opinion of Mr. Valliere de St. Real on the case submitted to him.

He believes that the owners of the Quehec Gazette have a right
of action, holding that His Majesty's Government can no more
authorize or commission a man to be the editor of the Quehec Gazette,
than to be the occupier of the house and premises now possessed by
the present editor of that paper.

W, S. Sewell to Neilson & Cowan. Instructing tliem to continue
advertising the cases commenced in the Quehec Gazette until he
instructs them to the contrary.

Quehec liazttte to A. W. Cochian. Offering- tr) come to anv
reasonable arrangement for obviating the injury to themselves and
the inconvenience to the public, which would arise from the publica-
tion of another newspaper.

ISTeilson & Cowan to Thomas Cary & Co. Notifying them that
they will be held responsible for any damages arising to Neilson &
Cowan from the publication of another newspaper by their office,
bearing the title of the Quehec Gazette.

W. S. Sewell to Neilson & Cowan. Notifying them that, in con-
sequence of the Governor's proclamation of the 30*^ October, he was
withdrawing his advertisements and his subscription.

Henry Loedel to Neilson & Cowan. Notifying them that as the
Gazette is no longer the Government paper, he wishes to discontinue
his subscription.

Herman W. Ryland to S. Neilson. In answer to his letter of even
date, asking to have communication of documents lodged in the
Privy Council Office. Mr. Ryland says that without an order from
the Governor, any disclosure of public documents would be a breach
of trust.

A. W. Cochran to S. Neilson. In reply to his request for informa-
ticn as to complaints against him as King's Printer. Mr. Neilson
is informed that His Excellency does not deem it expedient or
necessary to make known to him further than has already been done
by letter of the 10*^^ October last, the grounds and reason for which
the Commission granted to him was recalled.

A. Stuart to Neilson & Cowan. Promising attention to the case
in the Easter Holidays.

S. Neilson to H. W. Ryland and to A. W. Cochran. It would be
necessary in carrying on the case, to have copies of any entries in

CANADIAN ARCHIVES

151

SESSIONAL PAPER No. 29b

Kings' Bench,
Quebec,
August 1824.

the Register of the Executive Council respecting the cancellation of
his commission as King's Printer, or the advertisements required
by law to be inserted in the Quebec Gazette asking to be informed as
to the names of the Councillors present in Council at the time to
which such entries relate; and asking each of these gentlemen to
have the information furnished to him.

Samuel Neilson applied for a Mandamus directing the Sheriff to
cause to be printed in a newspaper published by Samuel Neilson
under the title of the Quebec Gazette^ all advertisements required
to be published in the execution of his office, when lands and tene-
ments are seized to be sold. This was denied.

On the same occasion Samuel Neilson applied for and was refused
an injunction restraining John Charlton Fisher from printing the
said advertisements in the Quebec Gazette (a paper purporting to
be printed by him as Printer to the King).

Opinion of IsT. C. Tindal of the Inner Temple (afterwards Sir
Nicholas Conyngham Tindal, Chief Justice of the Court of Common
Pleas) on a case submitted to him on the 13''^ August, 1825.

For reasons which he gives he does not believe that an action is
maintainable.

152

DEPARTMET^'T OF THE f^ EC RET ART OF STATE

4 GEORGE v., A. 1914

APPENDIX H.

ABSTEACTS OF POLITICAL CORRESPONDENCE RELAT-
ING TO UNITED STATES (1780-1781) IN THE MINISTRY
OF FOREIGN AFFAIRS. FRANCE.

Philadelphia,
May 10.

Philadelphia,
May 20.

Vol. 12. 1780.

La Luzerne to Vergennes. No. 45. The United States will have
more troops this year than at any time since the beginning of the
hostilities. The enlistments to last the whole time of the war.

The financial bill of the 18'^'^ of March adopted with eagerness by
Connecticut and Massachussetts. Opposition shown on this subject
by Pennsylvania. Bitter criticisms from Pennsylvania against the
new financial operation, and against Congress, the author of it.

Fears of the defection of the two Carolinas and Virginia, if
Charlestown is taken. The war is more ruinous for the Southern
than for the Northern States. The land troops are extremely slow
in their movements. Conjectures about the plan of campaign which
the British intend to follow in America. Their main object in the
North is to preserve Penobscot, and, in the South, Georgia and the
two Carolinas. They are bent on detaching these from the Confe-
deration. Virginia, with an active Government, exhiljits great zeal
for independence. North Carolina is but a passive body. The last
news from Charlestown shows that it is completely surrounded by
the British army and fleet.

p. 12

La Luzerne to Vergennes. No. 49. M. de la Fayette communic-
ates to La Luzerne the instructions which were given to him, and
what he has agreed on with General Washington.

Reasons which have overcome the reluctance he felt about com-
municating to Congress the approaching arrival of M. de Temay.
Consternation in New York after the news of M. de Temay's arrival.
Pavements were taken up and fire-ships were built.

A memorandum has been handed to Congress, acquainting them
with our measures and the assistance which we are sending them.
Gratification of Congress on receiving the news of the assistance
sent by us. Congress does not wield sufiicient powers for exacting
from the States the assistance necessary to the success of our opera-
tions. This is the reason which forced him to acquaint the governors
of the various States with the generous exertions of the King in
their favour. Several persons think that our operations are planned
against Canada. He encloses the resolution of Congress and the
letter which they are sending to the governors of the thirteen states.
He also encloses a letter from M. de la Fayette to Vergennes.

Arrangements made in Rhode Island and at the capes of Virginia
to receive MM. de Ternay and de Rochambeau. There are 7,000
men and several ships before Charlestown. The British forces at

CANADIAN ARCHIVES ^5^

SESSIONAL PAPER No. 29b

New York number about 8,000 men. Positions of the American
army: divided into three corps; one at West Point, another under
Washington and the third in Charlestown. The general desires
that all his forces appear suddenly before Sandy Hook. M de la
Fayette wanted La Luzerne to invite M. de Guichen to come to North
America, but La Luzerne would do no more than what he has already
done. Gratitude of the United States for the relief in men for-
warded by the King.

_ M. de la Fayette is busy with a plan against Canada or Halifax
m case of a failure against New York. La Luzerne only mentioned
to him that it would be wrong to provoke a rising of the old subjects
of the King against England, without being sure of maintaining their
independence. There is general approval of an expedition against
Canada. They want to free her, not to keep her, but in order better
to dictate terms on the question of boundaries. Washington can
sliow no reason for refusing this undertaking. Penobscot, Georgia,
Carolina, Bermuda may form the object of operations for the com-
bined armies. They will afford him the means of diverting the
attention of the states from this expedition to Canada. Besides
other motives, we must consider as odious the design of exciting the
Canadians and Acadians to rebellion and independence in order to
exchange, at the peace, their territories against the American pro-
vinces that might then be held by the British.

Proofs of the good dispositions of the Northern States towards
the Southern. Brigade of Maryland sent to the relief of the Caro-
linas.

Time when M. de Comi is expected who is charged with provision-
ing our troops. Misunderstanding which caused M. de Corni to
bring along only a sum of 50,000 livres. Measures taken by La
Luzerne to supply provisions. His reasons not to postpone taking
dispositions with M. Holker in that matter. Hope that the troops
will be provisioned from the moment of their landing. Questions
of lesser necessity which La Luzerne will suffer to lie, unless the
instructions, of which M. de Comi is the bearer, give special direc-
tions. P.S. Charlestown is ready for a vigorous defence.

Philadelphia, ^ La Luzerne to M.de La Fayette. (Copy.) Concerning the re.fiii.i-

tions of M. de Corni. He has succeeded in borrowing 600,000 livres
at reasonable conditions. A distinction must be made between
necessary measures and secondary operations. The first he has helped
forward to the utmost of his power, referring the others to General
Washington. We must do our best not to create, by unexpected
treaties, embarrassments to the minister of Finances. He must
strive to carry out the instructions of M. de Eochambeau. Taking
the risk of disapprobation, he will do everything to gather the
necessary funds for an attempt against New York, Penobscot, Halifax
or St. Augustine. Southern operations must be given up for this
summer.

As to Canada, we must sincerely wish and strive to free it in order
to the transquillity of the States, but Congress is convinced that this
expedition ought to be deferred till the enemy has been cleared out
of the thirteen states. Consequently if New York is the only object
in view, the requisitions might be greatly reduced.

p. 33

154

DEPAIiT.UEKT OF THE SECRETARY OF STATE

Versailles,
June 3.

Philadelphia,
June 3.

4 GEORGE v., A. 1914

Vergennes to La Luzerne. jSTo. 7. Satisfaction felt on receiving
the assurances of Congress of their attachment to the alliance. One
party in America favours the idea of securing its independence by
treating directly with England without our cooperation. Sorry to
see the dissension existing in Congress. The instructions handed to
Mr. Adams are such as to remove our fears about the fisheries. He
encloses a copy of their declaration relating to some articles sup-
pressed in our treaty of commerce with the United States. La
Luzerne is requested to deliver it to Congress.

Orders will be forwarded to our islands for the re-establishment
of the duties to be paid on molasses. They ought to be abolished,
but before, thty want to know whether the extract from maize-canes
can replace molasses in the islands. They have no objection to the
bill of Pennsylvania in behalf of the French residents there, so much
the less that it will restrain French immigration.

The King has appointed French consuls at the most important
places in America. Their authority will be extended to all the
French in their districts.

Approbation of the reasons brought forward by La Luzerne to
convince Congress of the necessity of exerting all their resources
for a vigorous campaign. False assumption in America that a
mediation is on foot in Europe towards a peace. The result of
Clinton's expedition will decide whether or not the United States
can cooperate in the conquest of the Floridas.

He thinks that Florida will not become a cause of difficulties be-
tween Spain and Congress. Spain, by its conquest of these terri-
tories on the east side of Mississippi, is entitled not to deliver them
up to the Americans. La Luzerne must abstain from all ministerial
conversations concerning the pretensions of Spain and the United
States to the territories on the Mississippi. The Spanish minister
is ready to grant to the States the east bank of the Mississippi
beyond the Floridas and the navigation of the river. La Luzerne
must negotiate with Congress in writing as little as possible.

Like Congress, he holds that the ratification of our treaties to be
asked for from each States constitutes an encroachment on the
authority of Congress. La Luzerne must tell them that for France
Congress is the supreme power, and that it belongs to it, and not
to us, to solicit the individual ratifications.

The step taken by Congress for stopping the depreciation of its
paper-money is a considerable blow to French merchants. Repre-
sentations to be made on this question.

The King expects gratitude from Congress for his sending a fleet
and a body of troops. Arms and ammunition have also been sup-
plied to Congress. They have obtained a loan to Franklin for
clothing. Memorial of interest to the Duke de Melfort, and a
memorial with a power of attorney from M. Guerlavais Du Bourg
are enclosed.

p. 38

La Luzerne to Vergennes. No. 51, Arrival of M. de Corni at
Philadelphia, May 27, who has communicated to La Luzerne his
instructions. The purchases which he is intrusted with amount to
1,200,000 livres, while he has brought along but 50,000 livres toumois.
M. de Corni has declared that he relied on La Luzerne to procure
the necessary funds in order to carry out the provisioning of the

CAXADIAX ARCHIVES

155

SESSIONAL PAPER No. 29b

Philadelphia,
June 11.

Philadelphia,
June 24.

troops. But he is at loss, for lacks of instructions as to complying-
or not with the request of M. de Corni. Nevertheless he decided
to help him and borrowed from Mr. Price 200,000 livres at one-half
per cent, interest per month. Besides he has accepted 235,000 livres
of paper-money just issued by Pennsylvania. With some other
sums to be obtained the total will only reach about 600,000 livres.
M. de Corni has drawn letters of exchange on the treasurer for war
for about 200,000 livi-es. The more pressing and necessary disposi-
tions and purchases for the King's army are keeping them busy.
Enclosed a letter on that head written by him to M. de la Fayette.
As wagons and cavalry were not needed against New York, he
decided to reduce these expenses.

At the same time, not to furnish the means of undertaking it,
was the best way of removing- the idea of an attempt against
Canada. He begs for orders in the case of unforeseen wants requir-
ing new loans.

He wishes the financial department would be transferred to some-
one else. He foresees that, in the case of the King's army not arriv-
ing in time to enable him to effect the promised re-imbursement, it
will be necessary to resort to letters of exchange on Europe to fulfil
his engagements, and to sell at a loss what they bought for the King-.
Thus he presumes he will be under the obligation of drawing for
100,000 livres on the Treasurer for War.

The state of affairs in the South is getting worse every day.
Sullivan at Fort Moultrie, in the harbour of Charlestown, was
forced to capitulate in May. It is very important that the town
should hold out long enough to prevent parts of the British troops
from returning to New York before the arrival of the French ships
and troops. The success of the campaign hinges on a question of
days.

p. 57
La Luzerne to Vergennes. No. 54. His arguments about the
limits between Spain and the United States have produced great
effect on several members of Congress. The delegates from the
Northern States admit Spain had a right to conquer the old east
Louisiana. Congress also approves of that principle. The delegates
of New Jersey, Delaware and Pennsylvania are opposed to the
Spanish claim, which is favoured by Maryland. Virginia is now
more moderate in its opposition to Spain, the change is due to the
fact that the border people of this state talk of independence. North
Carolina is strongly opposed to the Spanish claim, while South
Carolina admits the right of Spain to Louisiana. H it came to a
vote, he thinks that the majority would acknowledge the right of
Spain to attempt a conquest of Louisiana. On the question of ceding
this province to Spain by a treaty, the Northern States would stand
by the sister states in the hope of being upheld by them in their
claim to some parts of Canada. In the present situation, he is of
opinion that Spain can do nothing better than to go on with the
conquest of Louisiana.

p. 68

La Luzerne to Vergennes. No. 57. Rumours of the evacuatior

of Penobscot by the British, who are alarmed about Canada and

Nova Scotia : 1,500 men from New York have sailed north either

for Halifax or for Quebec. They fear also for New York. Clinton

156 DEPARTMENT OF TEE SECRETARY OF STATE

4 GEORGE v., A. 1914

lias returned there with 2,500 troops from Charlestown. Part of
them were sent to General Knyphaxisen, posted at Elizabethtown, to
feel the strength of Washington.

The enemy, relying on the lack of provisions, had circulated hand-
bills through the Continental army, exciting them to desertion, with
promise of great reward. Though badly fed and clad, they did not
flag, and desertion was not noticeable. The Jersey militia behaved
well. ,

Washington's army has been greatly weakened by sending detach-
ments to the south and even against the Indians, who have been
devastating round Saratoga. Fears were feJt for the post on the
North River, which moreover is without provisions. In this situa-
tion, he lent them provisions from the stores gathered for the French
army.

There is appearance of a good commissariat for the campaign.
An association of citizens and merchants has subscribed five millions
livres tournois to purchase provisions. This will correct the defects
of the former administration.

The violences committed in New Jersey by the British and German
troops contribute in raising public spirit and fortifying the American
hatred. On the South, the British soldiers follow an entirely differ-
ent course of conduct. After the taking of Charlestown, the militia
were ordered by the British back to their homes under condition of
serving no more against the King, which they accepted with pleasure.
All kinds of insinuations are resorted to in order to detach the South
Carolinians from the Union. These speeches are not ineffective with
the irresolute.

But while one part of Congress firmly sticks to the plan of freeing
the thirteen states, another part seems inclined to neglect the states
which are less anxious about independence.

An expedition against Canada is secretly talked of, as being the
most glorious and practicable undertaking for the combined armies.

The British appear to be abandoning the reduction of the northern
states, flattering themselves that they will detach the southern states
from the confederation. They have issued a paper setting forth the
advantages for these states of being re-united to England. General
Leslie remains as governor of Charlestown with 2,000 men. Com-
wallis with a considerable body of troops, covering 50 leagues, has
reached Camden, defeating an American party. The Maryland
troops are marching against him.

It might be possible that England would acknowledge the inde-
pendence of the ten northern states, still retaining the two Carolinas,
Georgia, East Florida and the Bahama Islands. But Congress will
not swerve from its attachment to the general interest, and its
engagements with the King.

Great Britain will most likely attempt to keep New York, which
stops the American forces on their way to Canada, and is besides
a most important post for all naval operations. General Lincoln has
returned from Charlestown. He is strongly criticized and strongly
supported at the same time.

p. 74

CANADIAN ARCHIVES

157

SESSIONAL PAPER No. 29b

Vol. 13, 1780.

Philadelphia,
July 7.

Camp in New
Jersey,
July 19.

(?)

La Luzerne to Vergennes. No. 60. The people of Georgia and
South Carolina are wavering in their attachment to the cause of
independence: 200 citizens of Charlestown have requested to be re-
admitted to the status of British subjects. Though mainly people
without property or prestige their example was followed by some
important landowners. Instead of returning, the governor of Carolina
is stopping here under the pretext of settling the plan of operations
in the South. It will be difBcult to stop English progress and this
country may become the main theatre of the war. The people of
Charlestown were very lukewarm in defending their town and the
country people exhibit great reluctance in taking up arms. If their
liberty is recovered, they will owe it to the northern States. Owing
to this backwardness, the eastern troops have a great dislike of
expeditions to the south.

As a result, there is an opinion, if New York is taken or left aside,
of contemplating an expedition against Canada. Massachusetts, and
Mr. S. Adam.s, consider its independence as the safety of this
state. It is well to keep the British in dread of an invasion, yet he
judges it necessary to carry out his instructions and recommend the
postponement of all foreign expedition as long as the thirteen states
are not completely free from the British. His suggestions seem to
have carried with them the necessary conviction. M. de la Fayette,
though anxious for the freeing of a former French colony, agrees with
him that this expedition must be postponed. The state of affairs
for a long time will not allow an opportunity of taking it up again.

The British are being closed up in Charlestown. Cornwallis is
still at Camden, The British are in possession of several important
posts. Great hope is placed in General Gates, who is marching
against them to keep them at bay.

p. 15

La Fayette to Vergennes. In May, from Chesapeake Bay to
Canada there were only 7,000 men. Congress had no money; the
army, no bread. Then Charlestown surrendered. But in order to
co-operate with France, great exertions were made by Congress,
Washington, and the citizens. Next month, 14,000 men of good
troops and 6,000 militia will be ready to act against New York.
With another 6,000 militia and the second body of troops expected
from France, our prospects of the expedition are very hopeful.
Gates' army will be reinforced by southern recruits. A naval sup-
eriority is the great object impatiently expected. The American
officers and soldiers have not a shilling, but every one will fight well
and live in harmony with the French troops.

Before their arrival, he wrote to the French generals, informing
them that Admiral Graves had joined Admiral Arbuthnot. He is
now going to meet them, by command of Washington, to decide upon
the plan of campaign. Washington insists on undertaking nothing
without their participation. La Fayette is of opinion that, after
a success against New York, operations should be directed against
Georgia and South Carolina. Then they might go to Canada. Of
course, there is a great difference between a plan and its execution.
But he trusts that our naval inferiority will not last long and that

153

DEPARTMEXT OF THE SECRETARY OF STATE

Philadelphia,
August 3.

Philadelphia,
August 7.

4 GEORGE v., A. 1914

reinforcements will arrive. Thanks to La Luzerne the French army-
will be supplied with practically everything. p. 21

La Luzerne to Montmorin. No, 7. The main questions of interest
to Spain have not been discussed since his last letters. Mr. Rut-
ledge, governor of South Carolina, is pressing Congress to deal with
the measures relating to the Southern States. He told me that in
January he sent for assistance to Havannah, but the Spanish gov-
ernor answered that his instructions were for an expedition against
the Floridas.

Mr. Rutledge asked whether the combined fleet, now in the gulf
of Mexico, could make an attempt against Charlestown. La Luzerne
answered he did not know, but that the best way of bringing a co-
operation would be to settle the western limits. Rutledge appeared to
have no knowledge of the question. La Luzerne informed him that
Spain would restrain her claim to the former East Louisiana. The
proclamation of the British King to be used to determine the western
limits of the colonies, to prevent any difficulty. Spain desired the
concurrence of Congress in these matters because of her wish for a
perfect understanding with the thirteen states.

Rutledge consulted the journals of Congress and to-day made use
of Burke's arguments, which La Luzerne refuted. Rutledge con-
fessed that the people of Virginia, Carolina and Georgia considered
their claims as unassailable, and any such measures would cause a
perpetual war between Spain and the people of these countries. La
Luzerne answered that Spain would easily get rid of euch a war and
the thirteen states would suppress it.

Rutledge objected that Spain might rouse the Indians against the
colonies, but La Luzerne represented to him the peaceful moderation
of Spain, but admitted that, on the same principles, Spain might
conquer Canada and Nova Scotia, the colonies having no right of
opposing her. Rutledge confessed it is not so much the State, as
some individuals, who strove for these extensions. If not converted,
Mr. Rutledge has been moved. If Spain desired the instructions to
Mr. Jay to be changed, she should be represented by an influential
member, who would oppose the Southern pretensions. Mr Jennifer,
Maryland delegate, is the only one fit for this task, as he holds the
same view.

Summary of a poster puhHshed in New York with the authoriza-
tion of Mr. Clinton.

Unprovoked hostilities by the Spaniards have brought His Majesty
to order Major-General Bailing, governor of Jamaica, to attack the
Spanish provinces.

General Calling has authorized the signer to raise men for this
expedition. Every kind of assistance wid be given to volunteers.

It is hoped that many will desire to return to their duty, and
generous souls will take this opportunity of relieving the suffering
Indian nations. The difference between gold pieces and rag paper-
money may perhaps be another motive of preferring a profitable to
an unbeneficial service. The present paper is specially addressed to
those who forgot their duty, but want to make amends.

Those enlisting 50 men, will command them with the rank, pay,
share of booty and land grants allowed to a captain.

Officers, at the advanced posts of the army, will receive the volun-
teers. (Signed) William Odell.

CANADIAN ARCEIYES 159

SESSIONAL PAPER No. 29b

Sir Henry Clinton, commander-in-chief, has given his approbation
of the expedition. All encouragement will be given to volunteers
by this province.

(Signed) James Robertson, Governor.

p. 26

Philadelphia, j^^ Luzerne to Vergennes. No. 73. Congress has, some days ago,

received a letter from Mr. Jay, giving an account of his negotiation
with the Spanish Ministers. The Court seems disposed to assist
Congress. It proposes to advance them from 30 to 40 millions
pounds sterling and secure the payment of the letters of exchange
drawn on him. He highly praises Spain's good faith towards the
States. He is much pleased also with the French ambassador.

The Court made suggestions relating to the Mississippi and the
western limits. He adds that Madrid is not far from granting the
colonies the navigation of the Mississippi with restrictions. As to
the boundaries, Mr. Florida Bianca has pointed to Cape St. Anthony
and another cape as the land marks.

This occasioned a long discussion, and a committee was appointed
to study the question. As La Luzerne was not sufficiently instructed
in this matter, instead of sending a ministerial note to Congress,
he interviewed the individual members. Mr. John, a delegate from
Pennsylvania, has instructions to claim the free navigation of the
Mississippi and freedom of trade. The counti"y between the Ohio
and the Mississippi, they always considered as their own. The
Spanish claim would take away from them their finest possessions.
Besides the settlers will never submit to pass under Spanish rule.
As to the Mississippi, it is the natural outlet of the country and it
will be impossible for the States to prevent them from using it.
La Luzerne answered that Spain, having conquered the British forts
and built others, would be able to control the whole navigation.
Instead of claiming it as a right it would be better to ask it as a
favour. As to the western boundary, Spain had a right of possessing
herself of the English territories. She would probably be satisfied
with the former French possessions.

Mr. John replied that, "f Spain, disregarding the charters of the
thirteen states, pretended to a right of conquering all territories in
the hands of the British, then Georgia, South Carolina, and even
the city of New York, were not protected against Spairish arms.
La Luzerne answered that Spain had such a right, but, in considera-
tion of her friendly dispositions, her alliance with Frairce and geo-
graphical situation, this objection has no weight. From this and
other conversations, he thinks Congress will give Mr. Jay such
instructions about the Mississippi as will please the Court of
Madrid.

So far, he has only insisted on smoothing the difficulties preventing
the conclusion of a treaty. . Individually, the members are docile
enough on this point, but, when in Congress, they are moved by the
dissatisfied few. The northern delegates support the southern States
by fear of being deserted by them when the question of Canada
comes up. Not being informed of the intentions of Spain, Congress
will experience difficulty in framing instructions to Mr. Jay.
Enclosed a poster from New York. p. 35

160

DEPARTMENT OF THE SECRETARY OF STATE

Philadelphia,
August 26.

Rhode Island,
September 10.

Philadelphia,
September 14.

4 GEORGE v., A. 1914

La Luzerne to Vergennes. No. 74. Congress has adopted a reso-
lution, enabling Washington to undertake with the French General,
what he thinks most beneficial to the States, removing at the same
time the clause limiting him to their territory. An eastern dele-
gate explained to him that this resolution will make it possible to
carry the war to the enemy's territory. The worst that might come
out of it, would be to make an exchange at the peace.

La Luzerne is of opinion that England will prefer the southern
provinces to Xova Scotia and Canada, as more important and help-
ful to the British West Indies, though Canada has become of great
trade value, and Nova Scotia is very useful to the fisheries.

Consequently he postponed, as long as he could, the change in
Washington's instructions. If contrary to his declarations to him
and the southern delegates, Washington thought of an expedition
against Halifax and Quebec, Rochambeau could always offer a way
of stopping him, by declaring that his orders and commission restrict
him to the defence of the thirteen states. Besides the means are
lacking for such an expedition. Everything is suspended till the
arrival of the second French reinforcement. p. 47

De Ternay to Vergennes. The army did not land at the most
advantageous place. We stand upon the defensive. The British
fleet is in every way superior. Canada presents facilities for a con-
quest. The fate of America is uncertain, and the revolution is not
as much advanced as it is believed in Europe to be. He requests to
be free in expressing his ideas. He is of opinion that, if the state
of inferiority continues, it will be necessary to go further for offen-
sive action. p. 52

La Luzerne to Vergennes. No. 79. Congress has communicated
him details of General Gates' defeat. The situation of the Southern
States is far less critical than it was at first thought. The defeat
was caused by the militia running away at the first fire. Very few
were captured. The regular troops, attacked by superior forces, and
deserted by the militia, still put up a glorious fight. Baron de Kalb
was mortally wounded, receiving three shots and light bayonet
thrusts. The fight lasted a quarter of an hour. General Smallwood
brought up the retreat in good order, repulsing and defeating the
charging cavalry. Almost all baggage and artillery lost. The enrray
had not more than 2,000 men, and lost about 500.

The dread of Cornwallis invasion produced salutary effects. The
Southern Governors were assured that 8,000 men will be on foot by
October 25'^; 4,000 are already gathered. Only the lack of arms
may impair the strength of this army. But when danger is over,
Americans are apt to relapse into their lukewarmness. Besides, pre-
sent resources can hardly supply new army baggage.

It is not to be feared that the British will advance further north,
not being in sufficient numbers. But the southern people may get
discouraged by this defeat. Necessity therefore of encouraging the
Southern States, if possible, by a winter expedition, against Charles-
town. Even a failure would produce good results, by showing they
are not lost sight of.

Enclosed letters from Gates to Washington and Congress. Baron
de Kalb died two days after the defeat. Till the last, he was anxious
to show his devotion to the United States.

CaXADIAX Arx'CHIVES 161

SESSIONAL PAPER No. 29b

M. de T( rnay has signed contracts for the provisioning of his fleet.
The condact of M. de Eochamb^au, preferring to lodge his troops,
not in barracks, but in houses ruined by the Eriti^h, in order that,
at thu end of the winter, they may be returned to their owners in
gcod repairs, has produced verj^ agreeable feelings.

Tuscarora and Oneida Indians have been entertained by Rocham-
beau. Capture of a part of the Quebec fleet loaded with goods for
the Indians. p. 54

Philadelphia, M. de Marbois to Vergenne>. Xo. 85. Congress adopts a resolu-

September 30. ^-^^^ ^^lat its president should hold ofiice for a term of one year. This

will take effect next year, and the president, Mr. Huntingdon, is
continued in his functions. He is an assiduous, modest man, with-
out partizanship, though not a very representative man. He holds
good principles concerning the alliance.

The contest between ISTew York and Vermont has come up before
Congress. The facts will be found in the enclosed memoir. Debates
have taken place in Congress about this question. New York and
New Hampshire were well prepared, Vermont had sent delegates,
roj)resenting the two existing groups, one styling themselves inde-
pendent, the other ready to abide by the decision of Congress.

An extraordinary meeting of Congress was held. Great agitation
and diversity of feelings prevailed at this time when they should be
united. His memoir was drawn after reading the original docu-
ments. The charters of the various States were found contradictory,
inconsistent, and even ridiculous. Victoriously supported when
turi;ed against Spain, they are now contemptuously treated. The
principles of possession and occupation were of no avail to get out
of the tangle. Then the question of the independence and admission
of Vermont into Congress was taken up.

A few weeks before, an almost similar request of Kentucky had
been turned over to the legislature of their state, Virginia. Ken-
tucky's threat of throwing her lot in with the first coiintry willing to
protect them did not attract attention, owing to their remoteness
from any British settlement. But Vermont, with her warlike popu-
lation, her services to the cause, and her proximity to Canada,
attracted the greatest attention of Congress.

Moreover, Massachusetts and New Hampshire claim rights to
Vermont only to oppose New York's claim. Massachusetts, if
granted Vermont, was ready to make it independent. The New
England States would welcome a new vote, siding with them. But
the Southern delegates, discovering this, say that it would encourage
similar demands. Besides they are opposed to Vermont's admission,
unless a new Southern State is also admitted to balance it.

Congress has resorted to a middle course, declaring Vermont
within American territory, but without deciding to which State it
should be annexed, and postponing the consideration of Vermont's
admission. This is to keep up their hope and prevent violent
measures.

A petition was made by a society claiming extensive land tracts
on the Ohio. This society is opposed not only by Virginia, but also
by Congress, the latter claiming that these land tracts were reserved
for the payment of the States' debts and for distribution to officers
and soldiers after the war.
29b— 11

162 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

A letter from Havana reports that M. de Galvez was to sail the
IS*^** September to lay siege to Pensacola with six ships and 4,000
men. An expedition is being prepared against St. Augustine under
M. de Navia, land commander, and M. de Solano, naval commander.
Letters from Charlestown mention that the British have sent a
Hessian regiment to St. Augustine,

p. 62
Historical Memoir on the origin and claims of Vei-mont.

Vermont — in English, '' Green Mountain " — is situated on Otter
creek, between the Hudson and Connecticut rivers. It is bounded
on the south by the northern frontier of Massachusetts; on the west
by a line twenty miles distant from the Hudson river, and parallel
to that river, and by the eastern shore of Lake Champlain; on the
north by the 45'^'' degree of latitude; and on the east by the right
bank of the Connecticut.

This territory was included in the colony of Plymouth, and New
Hampshire claims to have inherited the rights thereof, and her
governors have gTanted several concessions there.

Later Kew York asserted that the district was situated within her
limits, and her governors have granted to several families lands in
the territory now in dispute.

The Government of Massachusetts in its turn grant d 60,000 acres
near Otter creek to people from Connecticut, in return for two
districts ceded by that state. Hence arDse discussions between New
Hampshire and Massachusetts, These two states and New York are
" royal governments," that is to say, the King is their paramount
sovereign and territorial lord, administrator through his officers, and
sole legislator, whilst in the " charter governments " the King has
almost no other right but that of veto. In 1739 the King and his
Council decided that the 60,000 acres should be annexed to New
Hampshire.

About this time New York determined to put in force its titles,
and made grants freely, for which the patentees paid large returns.
New Hampshire and Massachusetts seemed indifferent. In 1764
New York obtained jurisdiction over the lands in litigation, and in
1771 incorporated in the county of Albany certain districts of Massa-
chusetts. The quarrel revived, and in 1774 the three governors
decreed that New York should not advance beyond twenty miles
from the Hudson,

Vermont seemed then to belong to New York. Numberless con-
cessions were made without respecting even the rights of occupation
and clearance in the settlers from New Hampshire and Massachusetts,
These last complained to the King and demanded to be maintained
in their possessions: otherwise, being veteran soldiers, they could see
well to their defence. The King forbade New York granting lands
already cleared, but the governor, being little disposed to surrender
money received, set up counties just the same in the region of the
cleared lands. New York which was called the " favorite colony,"
had the credit of having the orders revoked. Magistrates were sent
to arrest the refractory settlers, but these seized them and horse-
whipped them. Animosity became so great that arms were taken
up. New York issued a proclamation the 9*^ of March, 1774, and
Vermont another the 26*'^ of April. Skirmishes took place, but the
troubles between England and the colonies put a stop to this civil

CAXADIA^ ARCHIVES 163

SESSIONAL PAPER No. 29b

war. The Vermonters hesitated as to which side to take. By their
position they commanded the road between Canada and the Colonies.
They hated England, but New York even more. Finally, they fought
for Congress, hoping to obtain by their services its protection. They
had a leading role at Bennington, which brought on Saratoga.

On the 15*1' ^f January, 1777, although abandoned by New Hamp-
shire, tyrannised over by New York, separated from England, they
were free and independent.

They drew up a constitution, and secured civil and military
officers, announcing that they would act in accordance with the
principles which had aroused them against England. They laid
down the principle that New York's titles, having emanated from
England, had become void through the passing of her authority.

Believing that moderation would pacify them. New York issued
patents confirming the concessions of New Hampshire and Massa-
chusetts, offering likewise a general amnesty. But the Vermonters
on the 9'-'' of August, 1778, announced the resolution of maintaining
their independence. New York offered to submit the matter to
Congress. They replied that New York was not a party to the pro-
ceeding; that it was now only a question of deciding regarding the
proprietorship of certain lands between divers contendants, not
obliged to recognize the decision of Congi-ess; that Congress had
recognised their claims by accepting their aids against Bourgoyne;
that they were still ready to send contingents; and that amongst
their titles, to independence the most glorious was of having had
such a splendid share in the defence of America. Acts of the last
war were cited, and concessions of the Governors of Canada, even
to the south of Crown Point, to prove that the limits of the Thirteen
States did not extend to the St. Lawrence.

Congress listened to the arguments on both sides, but its decision
is not yet public. p. 71

Vol. 14. 1780.

Philadelphia M. de Marbois to Vergennes. No. 91. M. de Marbois advises the

President of Congress not to present to Spain the demands of the
colonies as founded on rights, but to seek their success from the
generosity of His Majesty. He has induced Congress to reassure
her by its moderation so as to have her accede to our treaties. M.
Mirales' secretary communicated to him the titles by which Spain
claims eastern Louisiana, but he has contented himself with speaking
about them to Mr. Jennifer. With this delegate they answered with
the observations of which a copy is enclosed. On reading them,
several members of Congress demanded the reconsideration of the
question. In spite of the opposition of the North-Eastem States,
the motion passed by two votes. A long discussion followed. With
the exception of Rhode Island, the States of New England supported
those of the South, saying that it was useless to change Mr. Jay's
instructions, since he hoped to obtain the agreement of Spain, and
at the favourable moment the United States could conquer as well
as Spain. They were asked if they wished to fight Spain and France.
The Eastern States seem to wish to defer peace as much as possible.
They are convinced that no change can put their independence in
danger, that the continuation of the war can enable them to conquer

a9b— llti

\

164 DEPARTMENT OE THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Nova Scotia and Canada, and that, if they desert the South with
respect to its frontiers, the South can desert them on the subject
of the northern frontiers. New York has voted that the navigation
of the Mississippi be not insisted on, seeing that, if the Mississippi
is closed, there will be more commerce by the Hudson river. New
Jersey, Pennsylvania, Delaware and Maryland have followed the
example of New York, favouring Spain. Virginia supported the
former instructions. The delegates from the three southern States
express the opinion that they ought to try to satisfy Spain, but
declare that they cannot take on them the sacrifices demanded. The
proposal of referring the decision to th King was rejected, as Con-
gress has not power to hand over the interests of the country to
arbitration. After a warm discussion the following resolutions were
adopted : That the rights of the States extend to the left bank of the
Mississippi; that they have a common right to its navigation; that
Mr. Jay solicit the right of navigation on the rivers which cross
Georgia and the Floridas; that it be proposed to Spain that the
navigation of the Mississippi be so restricted as to prevent any con-
traband, Mr. Jay being left free not to insist on the navigation;
that he be authorized to leave the limits in suspense, if they offer
great difficulties. These are the greatest sacrifices that it is thought
can be made in order to bring about an alliance. The two articles
protect the rights of the South, and reliance is placed on the good
will of Spain. A committee of three members is charged with draw-
ing up the reply of Congress to Mr. Jay, which will be, it is hoped,
satisfactory to Spain; — any new change can only be favourable to
her. p. 12

Philadelphia OhoC nations on the controversial points in ttie negotiation between

September 17. Spain .and the UnHted States.

Only the States not interested can offer an impartial judgment
on the dispute between Congress and Madrid, As the claims of the
thirteen States vary, it is important to conciliate them.

The state of affairs proves the necessity of a triple alliance for the
Colonies. The last campaign has seen the taking of Charlestown and
the defeat of Camden. With a triple alliance, acting in concert,
those results would probably have been avoided. The fact that
France must divide its resources between its two allies enables Eng-
land to offer resistance. A triple alliance will not be less necessary
at the time of the negotiations for peace. Then the two allied Kings
will be bound to support the United States. Otherwise Spain could
make her own peace, without taking count of a people who without
title contest her dominions. Moreover for assuring a lasting peace
an alliance with Spain would be very efficacious.

The recognition of independence by two great powers would induce
England to grant it. The States of the South, which are the most
in danger, would also be the best placed for succour.

The necessity of the alliance established, it is a question of over-
coming the obstacles. Here is the opinion of a person without mis-
sion but attached to the common cause.

Spain claims the exclusive navigation of the Mississippi and the
" Eastern Louisiana " of the French.

The American objections are these: —

(1.) The charters of the States extend to the Mississippi and even
to the Southern Sea.

CANADIAN ARCHIVES 165

SESSIONAL PAPER No. 29b

(2.) If the eliarters can be attacked on one point, they can be
nullified in all, since the whole emanates from the same authority.

(3.) If Spain asserts a claim only to that which, is actually in the
possession of Great Britain, she can seize New York, Georgia, etc.,
actually in English hands, although beyond dispute within the com-
pass of the thirteen states.

(4.) Spain wishes to profit from their distress to sell her alliance
on unjust conditions, whilst France, at a desperate crisis, showed an
unbounded generosity.

(5.) To treat on these conditions would be a danger to Spain:
only just treaties are durable.

(6.) The districts demanded can be ceded only with the consent
of the proprietary States, which being invaded, cannot give it.

(7.) To cede these territories is to risk the safety and the pro-
sperity of the States; the Mississippi being the most certain frontier,
even if not founded in right.

(8.) They prefer war to the shame of a cession.

These objections do not hold before an impartial examination.

(1.) The charters are worthless without actual occupation, or
treaties with the ancient possessors, or other credentials. They must
be put in the same class as the bull of Pope Alexander VI. They
impose no obligation on any other power. Almost all the settlements
were the subjects of grants by various sovereigns at diiferent epochs.
The contradiction of these charters shows their slight force. The
States cannot agree on their meaning, as is shown by the case of
Vermont, claimed by three States. Georgia, Virginia, and the Caro-
linas, which agree in opposing Spain, disagree as to the proprietor-
ship of those same lands. How assert independence and invoke at
the same time the instruments of their old subjection? But the con-
clusive argument is that these lands were ceded in 1763 by France
to England, and that Spain, her enemy, has the right of conquering
them.

(2.) This argument has no force, for there is a distinction between
an actual possession and a chimerical grant.

(3.) This question of conquest might be discussed in theory: in
fact it is useless to fear an outcome which the conduct of Spain
could not permit to be considered.

(4.) Such is usually the case. The United States could not
expect always to obtain in their treaties terms so advantageous as
those of the French treaty. Spain, far from imposing unjust con-
ditions, negotiates to the profit of the colonies. She recognises their
independence and furnishes advantages, receiving no equivalent.

(5.) The argument can be used the other way. The ills foreseen
are distant, for some time will elapse before the American settlers
reach the Spanish frontiers.

(6.) The cession of these territories is not asked, for they do not
belong to the Americans. If Congress cannot grant them without
the consent of the States, it cannot treat on this subject with Spain.

(7.) Spain can use the same argument. She prefers to refer the
matter to the justice of Congress rather than have recourse to prin-
ciples so defective. The extension of territory does not lead to pros-
perity and security, as is proven by the example of Vermont and of
Kentucky.

I

166 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

(8.) Congress has always exercised justice and moderation. Spain
does not believe that it will abandon this course in a matt^er of such
importance.

If the United States allow themselves to be guided by plans of
ambition and aggrandizement they endanger their interests. It is
a question of lands occupied in part by the English and in part by
the Indians. These last possess the usufruct and the Americans
could not lay claim to it. As for Spain, she simply claims that
which France possessed before 1763.

In regard to the navigation of the Mississippi, it could not be
claimed as a right, but isimply made the subject of negotiations.

p. 23

Philadelphia, M. de Marbois to Vergennes. No. 92. The committee corn-

October 1. municates to him its work, approved by Congress, on the supple-

mentary instructions to Mr. Jay. He has succeeded in inspiring
more moderate sentiments in Mr. Madison, who is charged with
drawing up a memoir on the question of the navigation of the Mis-
sissippi and of the possessions on this river. This memoir will be
communicated to Vergennes and to the Court of Spain. It will sup-
port the American claims, insisting on the advantages to Spain from
a free navigation, and the inconveniences from compelling the in-
habitants to obtain supplies by way of Canada. It is anticipated
that the very great latitude given to Mr. Jay will facilitate the con-
clusion of a treaty with Spain. But Congress has written a secret
letter to Mr. Jay, authorizing him to give way on the navigation of
the Mississippi and not make of it an ultimatum if Spain remains
firm in her demands. He has the same authority in regard to the
disputed lands. Congress, knowing imperfectly the views of Madrid,
has preferred to trust U the prudence of Mr. Jay. If necessary, he
believes that Congress is ready to cede the country included between
the Mississippi, the Floridas, the river Dapalachicola, and a line from
its source to the juncture of the Ohio with the Mississippi. It is
asserted, however, that the renunciation of the acquisition of Indian
lands in the Floridas alone is possible, not their cession to Spain.
With but a single delegate opposing because the King of France is
relative and allay of the King of Spain, it was resolved to have
Mr. Franklin transmit to the King the secret letter written to Mr.
Jay. He knows the letter only confidentially, and has not spoken
of it to Don Francisco, who is continued in the duti&s of M. de
Mirales. The conclusion of the treaty will be welcomed with a joy
more or less full according to the amount of the concessions made.
But Congress would not be surprised if Spain were not satisfied at
their surrenders, for Marbois refuses to announce Spain's position.
If she finds them insufficient, it will be necessary to convince Mr.
Jay, for his false hope of bringing about a treaty with Spain has
much prejudiced this affair. During the deliberations there has
been much evidence of attachment to and confidence in the King.
A letter announces the early arrival of the successor to M. de Mirales,
who is impatiently awaited.

P.S. Newspaper extracts tell of the defeat of a detachment from
Cornwallis by the American militia. This success may change the
state of affairs, and at least will revive the spirits of the people.

p. 40

CAXADIAX ARCHIVES' 167

SESSIONAL PAPER No. 29b

Versailles, Vergennes to La Luzerne. No. 9. Despatches received, except

^ ° ^^ ■ No?. 65, 66 and 67. As the number of troops and vessels sent by

France exceeds that stipulated by Washington, he is surprised at
the disagreeable impre.ssion produced on their arrival. It seems,
rather, that the Americans ought to have made a better resistance
at Charlestown. But it is necessary to support the Americans in
spite of their shortcomings, and to work just the same for their
deliverance. The second division has not been able to set sail be-
cause of the presence of a superior English feet in La Manche, and
when Admiral Geary withdrew the season was too far advanced.
But the King has sent an order to M. de Guichen to furnish on
demand five vessels from his squadron, which must have been done.
All this shows the excellent dispositions of the King. If the in-
sufficiency of our troops and their inaction during this campaign
seem to discourage the Americans, the immediate assistance of the
King ought to revive their courage. He can confide to Congress
that the King has resolved in the Spring to augment his efforts in
favour of the United States. In case of requests for money, he will
remind Congress of the extraordinary sums obtained for Mr. Frank-
lin not only for purchases, but also for drafts made on him of which
we know nothing. The ministers are applying themselves to provide
a million for Mr. Franklin at the end of the year, and three millions
for the following year. These amounts put alongside those which
our expedition costs will show that the King could not do more.
He will call attention to the irregularity of the letters of exchange
which Congre&s draws on its representative without giving us notice.
This system could not continue. Congress could furnish our
squadron and trooi^s with articles of consumption, for which the
payment would be made in Europe, and thereby procure a revenue
for disbursement in France. If Congress cannot keep on foot next
year the existing army, let La Luzerne transmit a memorandum of
the extraordinary funds required for this purpose, but without hold-
ing out any expectations. It is for the minister of marine to direct
the victualing and the operations of our army. The troops and
vessels are at the disposition of Congress and of Washington. As
regards the conquest of Canada and Nova Scotia, our opinion
remains the same, desiring that these two objects be undertaken
only after having expelled the English from the territories of the
confederation. It would be well, however, if Penobscot or Halifax
were in our p>ower or that of the Americans. In case of necessity
he is authorised to meet all the expenses of our troops. He is free
to accept or refuse all that will be required of him in regard to
finances. The co'^fidences of Mr. Rutledge on the lukewarmness of
the South in regard to independence agree with our suspicions. It
is important to know how the other provinces view the defection of
Georgia and the two Carolinas. He will declare, in case of con-
versation on this point, that the King stands for the independence
of all the States but cannot do more, in case of defection, than the
other colonies, but that he will consider as none the less sacred his
engagements with Congress. Already some time since, Mr. Adams
departed for Holland, but we do not know with what object. It
would be desirable, in view of his character and principles, that
Mr. Adams had no part in such a delicate task as the peace. He
hopes that La Luzerne will have made the necessary representations

October 24.

168 DEPARTMENT OF THE SECRETARY OF .STATE

4 GEORGE v., A. 1914

to procure justice to the French who have been wronged by the
depreciation of paper money. If Mr. Izard, who has erroneous
principles and an exalted opinion of himself, and Mr. Arthur Lee,
in whom he has no more confidence, indulge in remarks derogatory
to the King's dignity, he can have his confidential clerks give them
a flat contradiction. The King of Spain has been much pleased at
the supplies furnished Havana by Congress. Spain has authorised
Mr. Jay to raise a loan of 150,000 dollars under its guarantee. The
best way to conciliate Spain is to drop the absurd pretensions to the
lands adjoining the Mississippi. It is through its agent at Madrid
that Congress ought to transact its business with Spain. The King
cannot purchase the vessel that Congress has had built, because the
transport of equipment would be too serious. M. Bertrand wishes
information regarding Mr. Joseph Redmond. p. 50

Philadelphia, M. de Marbois to Vergennes. No. 93. Congress has made arran-

gements for the subsistence of the 32,000 men who should be on
foot on January 1^*^, but he is doubtful of the execution of the reso-
lutions. If the Army of the North on January 1^* has not been
reduced to below 9,000 it will be a matter for congratulation. If
in the month of April the recruits begin to join the army, we must
expect all the difiiculties of last year. The Eastern States show
themselves quite determined to pursue the war with vigour. New
York and New Jersey, although devastated, are far from wishing
for peace at the expense of the public cause. The English have
just made an irruption into New York with the Indians, who com-
mit frightful ravages. A considerable number of ill-disposed people
in Pennsylvania desire peace. Delaware and Maryland are firm ^^
their attachment to independence, and it is hoped that Maryland is
going to agree to the confederation. Virginia seems prepared to
give her satisfaction. Virginia and other States have ceded to
Congress extensive territories which will serve to pay debts, or as
guarantees for loans and for the reward of the soldiers, or to facili-
tate treaties. Ten States seem resolved on a permanent confedera-
tion with liberty to the others to join. Virginia, which has long
set the example of zeal, does not contribute to the public cause in
a way proportionate to its resources. It is. concerned with promot-
ing its own interests by victories over the Indians, and Colonel
Clarke has defeated the Delawares and the Shawnees joined with
some Canadians. The approach of danger has aroused Virginia,
and 5,000 Virginians are awaiting General Greene, who supersedes
Gates, to march against the enemy. General the Baron Steuben,
a Prussian ofiicer, has been sent to the Array of the South to estab-
lish discipline and military tactics. We do not pause at the hopes
of peace which the English seek to inspire, even in Washington.
It is undesirable to weaken the Army of the North to reinforce that
of the South. This last will be insufficient if the 2,800 men who
left New York on October 16'^ make a descent on Virginia. Corn-
wallis has maintained the advantages acquired by the defeat of
Camden, but in order to advance so far from Charlestown he had to
weaken all the posts of Georgia, and a Colonel Clarke has taken
possession of Augusta and of some magazines and provisions. This
slight advantage has had good efl^ects in disturbing the security of
the English. A hostile force of 1,400 men has been defeated by
1,600 militia men, eight leagues distant frciii Oornwallis, and

CANADIAN ARCHIVEIS 169

SESSIONAL PAPER No. 29b

Ferguson has been killed and 800 men have laid down their arms.
England seems to wish to preserve New York and to press the war
in the South. The design is to raise the conquered provinces
against the confederation. Its execution will be difficult. Two
representatives from Carolina wished to send their wives to Charles-
town to hold their property, but threats of denunciation to Congress
have made them change the idea. The commerce of the colonies is
flourishing and the merchant marine has recovered very quickly
from the taking of Charlcstown. A multitude of bottoms are on
the stocks, and the American privateers have taken many rich prizes.
The English fleet at Rhode Island has left the colonial coasts free.
The only reverse was the taking of seven American vessels in the
port of St. Martin. The employment by the merchant marine of
sailors to the number of 27,500 prevents the maintenance of the
army on a footing of 20,000 men. The damage done to the English
commerce is not a sufficient compensation. The successes in the
South, added to the discovery of plots organised by the English, are
disconcerting them. The employment of these methods and the
reception accorded Arnold discredit them in the eyes of the Ameri-
cans. The people of New York and the common officers treat
Arnold with contempt. The English have only uninfluential parti-
sans in the colonies, and the ill-disposed support them no farther
than the troops can protect them. With sufficient funds General
Greene hopes to shut up the English in Charlestown, but Congress
only gives him vague hopes on the subject of supplies and sends
him to the Southern States. p. 65

Philadelphia, j^^ Luzerne to Vergennes, No. 95. He has gone to Boston and

has found the dispositions of Massachusetts to be of the most favour-
able character. The Governor, Mr. Trumbull, is using his whole
credit in support of the project of enlistment for the balance of the
war. Connecticut will probably adopt the same plan. La Luzerne
has recommended it to Massachusetts and Rhode Island. Another
plan of Mr. Trumbull is to have always provisions for six months in
advance. La Luzerne will support these plans both in the States
and in Congress. The States to the north of Pennsylvania show
remarkable energy and resolution. It is stated that it is impossible
for the Continent to be equal to the paying and victualing of an
army as large as is desired without subsidies or a loan. He has
insisted on the necessity of making efforts worthy of the cause, and
everybody admits that the exertions of France surpass what could
be expected of her, but that the States have not done their share.
No one, however, wishes to sustain the credit of the paper money
at the risk of being ruined. He suggested private subscriptions,
and they have produced 300 to 400 thousand livres, as a free gift.
He is using for this purpose the pens of the two secretaries who
have share in the favours of the King, and the publications of the
newspapers are their work. In spite of all, those who are informed
declare that the army cannot be maintained on the continental
resources alone. He believed there was exaggeration, but personal
observation has shown him the urgent needs of the army, where the
soldiers are asking bread and clothes from the generals. Without
the early arrival of effective succours, the Americans will not be
able 'lO accomplish anything beyond the ordinary. He has given
no hope, but be trusts that their wants might be mitigated by some

170

DEPARTMENT OF THE SECRETARY OF STATE

Philadelphia,
November 10.

Philadelphia,
December 1.

4 GEORGE v., A. 1914

actual assistance or some expectations. Washington has attempted
to prove to him the necessity of an expedition against Canada.
That will draw the French and American troops from their inaction
and will produce a diversion that will disconcert the enemy. In
view of the Continental and French forces on foot, he would favour
this attempt in case the attack of New York or Charlestown be
impracticable. This change in Washington seems due in part to
the impatience of the young soldiers to get away from inaction.
La Luzerne told him that the King wished no less than they to set
free a province settled by Frenchmen, the independence of which
would strengthen the colonies and weaken England, but would
prefer first to have the States freed from their oppression. After
the taking of Charlestown and the defeat at Camden, La Luzerne
had assured the Southern States that the King had their liberty no
less at heart thap that of the others. To undertake now a foreign
conquest would be in some degree to provoke the defection of the
South. He asked Washington if the invasion of Canada would not
cool Virginia, which has just been invaded. Its governor wrote
lately to M. de Ternay to send vessels for their protection. Wash-
ington then agreed that the expedition ought to take place only
after the conquest o' New York and the Carolinas. As for pecu-
niary assistance, he maintains that, without the help of a subsidy
or a loan, it is useless to look for any vigorous exertion on tlie part
of the States. In spite of so many opinions that all is lost without
a subsidy or a loan, he does not believe the danger to be so immi-
nent. Without tlieir maritime superiority the position of the Eng-
lish would be extremely critical. In a statement sent to him the
expense of an army of 32,000 men is estimated at 56 millions livres
tournois, and the revenues to be appropriated therefor at only 30
mil dons. There is a deficit of at least 20 millions. p. 80

La Luzerne to M. de Sartines. No. 36. He has attempted to
bring about a reconciliation between M. d'Estherad, commander of
the Interessante, and M. Holker. For want of frigates to convey
them to Rhode Island, the Marie Franqaise and the Liverpool had
to remain here, the English being masters of the sea. The conti-
nental frigate Dean left to-day to convoy them. The American
sailors having deserted, M. d'Estherad has succeeded in recruiting
French sailors on American ships. The cargo consists of biscuits,
flour, grain and rum. A company proposes to furnish masts to the
King at the same price as hitherto charged to England. As a
result of the dispersion of the Quebec fleet by the King's frigates,
22 vessels were captured. The English are in the Chesapeake and
have landed 2,000 men on the James River. They have gone to
make another landing. The Governor of Virginia, having surprised
the leaders of a conspiracy, has prevented the malcontents from
sending assistance to the English. They were dreaming also of
liberating the troops of the Convention. It is believed that Corn-
wallis, coming from Charlotteburg, is approaching Charlestown.

p. 91

La Luzerne to Vergennes. No. 101. Since his arrival in America
he has made investigations on the commerce of the thirteen States.
The observations enclosed are the first result thereof. He requests
that they be transmitted to the Controller-General of Finances, to
whom he will be able to submit more ample information. p. 95

CAN AD I AX ARCHIVES 171

SESSIONAL PAPER No. 29b

Versailles, Vergennes to La Luzerne. No. 10. He has received all the

despatches up to No. 80. Mr. Izard, filled with self-esteem, will
wish to revenge himself by insinuations for his ill-success politically
in France, but Congress has too much wisdom to credit them. The
conduct of Mr. Franklin leaves nothing to be desired. Patriotic
and discreet, it is more effective than a threatening tone, which
would bring about the loss to the colonies of our confidence. They
ought to expect more from our good will than from importunities.
Thus, we have obtained a million for Mr. Franklin, and we will
obtain for him further assistance during the coming year. These
facts will have more weight than the representations of Messrs.
Izard and Arthur Lee. According to certain reports the disposi-
tions of the Americans are very equivocal; Congress is without
authority or credit. Even independence seems quite uncertain.
Such is the picture drawn by Mr. Silas Deane. Impatience to
obtain news is increased by the treason of Arnold. Mr. John Adams
has asked for instructions on certain articles of the treaty of com-
merce. Article 9 is very clear: it declares that one party shall not
fish within the limits of the other. As for these limits, they will
be defined in the treaty of peace. Let him recollect that they have
never adopted the American pretensions. As for the right of wreck-
age, it was necessary to stipulate for its suppression, for it exists
in regard to all nations. As regards the re-establishment of Ameri-
can refugees in their possessions, this will depend on circumstances
at the time of the peace. If England is mistress, she will require it;
in the contrary event, she will make the demand, as a matter of
decency, but without insisting. Such are the lines that the instruc-
tions to Mr. Adams ought to follow, with a suggestion that he act
in accordance with the counsels of the minister. On the subject of
a truce for many years for America, our principles have not changed
and will not change. Circumstances may compel modifications, but
we will take measures to guarantee the actual independence of the
United States against every issue. We shall not stipulate the statu
quo for the colonies. He is to abstain for the present from treating
this delicate matter, saying that it has not been in question since
1778. In case of a proposal from England for a separate peace, he
is confident that Congress will adhere to the principles of the alliance
which has given America the character of a soverign state. It is to
be feared that the fluctuation of Congress will lead to its dissolu-
tion and the disapi)earance of any point of union between the pro-
vinces. A general confederation would be the remedy which he
wishes to see adopted. In that case it would be needless to renew
the ratification of the treaties. The first is sufiicient, and it is
necessary to avoid dangerous discussions. He approves the repre-
sentations of La Luzerne to Congress on the subject of the drafts
with which Congress continues to embarrass Mr. Franklin and which
exceed the funds for next year. M. Necker has asked from Mr.
Franklin a letter of credit of 400 thousand dollars to furnish sup-
plies for our troops, which would allow the payment of the drafts
on Mr. Franklin and would give a sum disbursable in France. As
for money operations in connection with the troops, he will act in
accordance with his own zeal and with the instructions of the min-
isters of war and marine. The frigate Amazone returns imme-
diately with money for our troops, which prevents discussion of the

172

DEPARTMENT OF TEE SECRETARY OF STATE

Philadelphia,
December 15.

Philadelphia,
December 21

4 GEORGE v., A. 1914

operations proposed at the Hartford conference. We wish to free
America, but the ways proposed seem very expensive and for all
that insufficient. He will deny the report that the English are
spreading that we wish to establish a permanent post at Rhode
Island in order to keep control over the Americans. The King has
never had the design of retaining possession of the least portion of
American territory. p. 113

La Luzerne to Vergennes. No. 104. The project of reconsider-
ing the resolutions relative to Spain appears to have miscarried,
although the three southern States were prepared to satisfy that
power. A motion from Georgia and the Carolinas to cede a hun-
dred thousand acres of land on the Mississippi brought on a long
discussion. Massachusetts was strongly opposed. A Virginian
delegate declared that the preceding resolutions did not seem suffi-
cient to gain the friendship of Spain. The motion was rejected by
a majority of one vote. The principal argument is that as Spain
has not made known her demands there is danger of giving more
than she wishes. The opposition of Massachusetts has been a sur-
prise: the only plausible reason is the desire to continue the war
and the fear of being abandoned by the South at the time of the
determination of the boundaries with Canada. Mr. Jay has in-
formed Congress of the assurances of the King of Spain that he
will treat for peace only on condition of the independence of the
thirteen States. This declaration has dissipated the fears produced
by the presence of Mr. Cumberland at Madrid. Congress was filled
with cabals for the recall of Mr. Franklin, which the representatives
from Massachusetts strove to obtain. His only support is the fear
of seeing him replaced by a member of the opposite party. Only
Massachusetts and South Carolina, under the influence of Messrs.
Izard and Lee, have accused Mr. Franklin of having lost the Ameri-
can cause in France. Few believed that, but his silence makes them
think that he takes little interest in business. It was decided to
send an envoy extraordinary to France who will solicit aid and set
forth the exertions of the Americans. So La Luzerne has contented
himself with suggesting that it was not necessary to extend the
character of representative to this envoy, when Congress already
has a minister at the King's court, who will present him to the
King. Col. Laurens, son of the former president, has been chosen.
Laurens, however, wanted Mr. Hamilton, Washington's aide-de-
camp, to be chosen. He will be given simply letters of recommen-
dation to M. de Vergennes and to Mr. Franklin.

The Chevalier de Chastellux has arrived with the Vicomte de
Noailles and the Comte de Damas, followed soon by the Marquis de
Laval, M. de Gastine and the Comte de Deux Fonts, and other
French officers. They have visited the battlefields around Phila-
delphia. Their presence has confirmed the Americans in their
better opinion of the French and will increase the friendship of one
country for the other. ' p. 129

La Luzerne to Vergennes. Nc. 106. Several merchants from
America are going to France to get in touch with our commerce.
They will remain there a year or more. He has recommended them
to Mr. Necker. Their purpose merits so much more of attention
because American commerce is beginning to expand. These mer-
chants wish to establish houses in France to carry on correspondence

CAXADIAX ARCHIVES

173

SESSIONAL PAPER No. 29b

with their own houses in America. He has encouraged them to
locate in France, a country which, possessed of the desired goods,
has recognised their independence But American commerce is
becoming too active to limit itself to France. They wish to extend
their operations to all countries that will receive them. Successful
expeditions to Gothembourg, Marstrand, Amsterdam and Cadiz urge
them to organise larger shipments. Baron d'Arendt has arrived.
He seems to have come at the wish of the King of Prussia to see
the Americans establish commercial relations with his subjects, but
if the Prussians, as M. d'Arendt says, will do business only for
cash, they will not be dangerovxs rivals, as the Americans are opposed
to that system.

Mr. Dana, secretary of Mr. John Adams' legation, was chosen
yesterday to go to reside in Russia. Mr. Jay had proposed Mr.
Carmichael of the legation at Madrid, but Massachusetts got her
candidate appointed once more.

The state of affairs in the South is very favourable. It is under
consideration to embark 3,000 men at New York, destined for South
Carolina. p. 137

Vol. 15. 1781.

Philadelphia,
January 1.

Philadelphia,
January 4.

Philadelphia,
January 25.

La Luzerne to M. de Castries. No. 41. M. de Ternay died on
the IS*^"^ December of inflammation of the lungs, after eight days'
illness.

Twelve vessels carrying 1,800 men are to leave New York. There
will remain 9,000 men at New York in the eleven forts of Staten
Island, York Island and Apaulushok. Cornwallis had only 3,400
men at Charlestown and in its neighborhood. But General Leslie
must have since brought him about 2,400 men. The militia who
have joined the English army in the South number 1,000 men.
Halifax and Penobscot are defended by about 3,600. There are not
more than 4,400 men in Canada. This makes a total of less than
twenty-five thousand for the whole continent of America, except
Pensacola and St. Augustine, recently reinforced. Three thousand
American militiamen, of small value and little use, must be added.

p. 10

La Luzerne to Vergennes. No. 112. Mr. Paine has published a
pamphlet which he is sending him, in which he treats of the claims
of Virginia on the lands of the West. The Virginian representa-
tives are very dissatisfied about this. The chartered States and the
States whose limits are defined maintain the most contradictory
opinions. The chartered States disagree on the subject of their
several boundaries. The boundaries of Canada will give occasion
for difficulties at the time of the peace. Massachiisetts declares
that it will not withdraw from the ultimatum communicated to
Mr. Adams. He always tells them that facts will determine the
decision, and that they must be rendered favourable by efforts in
proportion to the claims. p. 12

La Luzerne to M. de Castries. No. 43. The poor quality and
the exorbitant prices of the French merchandise sent here have
confirmed the Americans in their prejudices in regard to our manu-
factures. But little merchandise of a superior quality has since
arrived. The English, hitherto indifferent, have awakened to the
disastrous consequences capable of resulting for the manufactures

174 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

of England, That undoubtedly is why Mr. Clinton has just made
the following proposals to Congress: (1) permission to every Ameri-
can vessel to go to New York or Charlestown to get merchandise
from England; (2) the grants from Congress to the prisoners of
Saratoga will be acquitted, by England in merchandise; (3) Con-
gress can send flour, wood, or other products of the country to New
York to pay the charges of their prisoners.

He believes that Congress will refuse. But the English will do
everything to ruin the French commerce. Much merchandise is
arriving by ship from Amsterdam, from the neutral islands, and as
contraband by way of New York. This importation is detrimental
to French commerce. The way to assure to it the superiority would
be to provide convoys for vessels carrying French merchandise.
Insurance will be lessened, and the English commerce, bearing
double freight, with the risks of contraband, will not be able to
meet the competition. It is necessary to profit, before the peace,
from the character of a commerce exclusive and in our favour.
Since the Revolution the American commerce had been free, but the
needs of Congress have now determined it to impose four per cent,
on importations and prizes. That tends to augment importations
from the Kingdom. It is another reason for protecting the Ameri-
can commerce. Iron, muskets, cannon, powder, cloth and linen for
the army, salt, nitre and saltpetre pay no entrance duties.

Enclosed is a pamphlet with quite correct ideas on the American
marine. p. 14

JanuaA'^26^' ^^ Luzerne to Vergennes. No. 117. Prussia's commission to

Baron d'Arand has been submitted to Congress, which directed him
to transmit his commwnications to Congress by M. de La Luzerne.
On his refusal. Congress named a committee to treat with him. He
has made several overtures, offering to Congress to conclude agree-
ments for the furnishing of arms, linen, etc. He has stated the
offers of the Prussian ministry and merchants, but Congress refused
to enter into agreements with an agent who is without recognition
or recommendation. Congress has written to him expressing the
wish to establish relations with the King of Prussia, but without
making any specifications. The agent continues his course.

He has made overtures to different States to engage them in com-
merce with Prussian companies, but demands that the returns be
made in American products because of the risks of the paper money.
He says the King of Prussia will be able to make his flag respected.
Virginia seems disposed to conclude a treaty with him.

D'Arand is extraordinarily loquacious. He asserts that Prussia
has claims on the island of Tobago. " We need a possession in the
Antilles," he says to me, " be it only a crag' to fasten an anchor to,
and a beach on which to build some magazines. If the crag can-
not produce either sugar or coffee, we will find through the contra-
band trade a way of fertilising it, and during the wars of France
with England its neutrality will make its wealth."

The growth of our commerce with America is alarming the Eng-
lish. He has written about it to M. de Castries. As a result of
misunderstandings a quarrel took place at Boston between French
and American sailors. Dr. Cooper has contributed much to recon-
cile matters. It would be well to replace M. de Valnais, consul for

CANADIAN AECHITES 175

SESSIONAL PAPER No. 29b

Massachusetts, by a person more in a position to maintain a good
luiderstanding-. p. 19

Philadelphm, La Luzerne to Vergennes. No. 121. The intrigues of the Eng-

lish have done much to delay the accession of Maryland to the eon-
federation. That is the only one of the thirteen States where they
have not carried their arms. Those who oppose the accession are
suspected of heing favourable to England. After the taking of
Charlestown the completion of the confederation was sought as the
only event capable of balancing that disaster. But Maryland per-
sisted in saying that she was in the confederacy only for the war
unless Virginia and the other States gave her satisfaction on the
subject of the lands of the West, for she is fighting only for inde-
pendence while they have the hope of making conquests, a fact which
may prolong the war to their profit, but to the injury of the others.
They could distribute lands to their soldiers whilst Maryland would
be obliged to expend her money. These motives made an impres-
sion, and Congress, last year, sought the surrender of possessions
which would serve as reward to the soldiers, as security for loans,
and as matter for exchange in the negotiations. New York set the
example by ceding considerable lands to Congress. Connecticut did
the same, as also Virginia, which was slower in reaching a deter-
mination, for she numbers very many speculators interested in those
lands. Whilst a multitude of questions attracted public attention
Virginia had assigned to herself the ownership of a country as large
as Italy. The Land Sales Department was constantly filled with
buyers. But some citizens recognised the wrong done: the State
was exhausted ; it saw itself invaded without power to resist. Con-
gress urged that the Land Sales Department be closed, declaring
that those districts were the ijroperty of the thirteen States. Finally
Virginia ceded to Congress the lands to the right of the Ohio, which
she accepted as her boundary to the north-west. This decision was
communicated to Maryland, but the lower house rejected accession
by thirty-four votes to six, and the Senate did the same. Congress
was troubled at this. The project was renewed of a confederation
of nine states with freedom to the others to join. Eight had
already consented, but this division seemed a desertion of the States
of the South not in a position to join this confederation. It was
attempted to spread a report that we were opposed to the completion
of the confederation. A falsehood, for he has always exhorted Mary-
land to join. He decided to write to them on the subject, but first
he examined the motives which France could have for and against
the completion of the Confederation. In case of reverse, it would
be more easy, at the peace, to obtain a dismemberment of the States,
if the accession had not taken place. It may also be useful to us
later that the union be incomplete. But the reasons in favour of
union convince him, for in case of reverse Congress must always
submit. Moreover, their union will always be more advantageous
to us than their disunion, which favours the interests of Great
Britain. Besides, their union is one of the bases of the treaty with
the King, and the advantages will be the greater, the more there
will be of harmony in the operations. After these considerations
and a perusal of his instructions which order him to maintain the
Union between the States, he sent his letter which produced all the
effect desired. The Assembly of Maryland, seeing that we wished

176 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

the completion of the confederation, adopted accession by thirty-
three to seven. The Senate did likewise. We are now awaiting
the delegates who are to come to give their signature to the act of
confederation. He hopes that His Majesty will be pleased at the
testimony to his influence set forth in the resolution of the Assembly
of Maryland. Congress and the citizens are rejoicing oyer it, and
England will see the difficulty of disuniting the allies.

P.S. The delegates have arrived and have sent him a copy of the
act of accession. There is found there the reservation that no State
is bound by the claims of any others to the lands of the West.

p. 24

February^' 19. Vergennes to La Luzerne. No. 12. He has received all the

despatches up to No. 105 and the King is pleased at his zeal, activity
and the wisdom of his conduct.

The dispositions of Congress and of the States announce a great
development in means and vigour: unfortunately they seem to count
less on their own resources than on our subsidy. The King is
filled with good will, but this is the fourth campaign in their favour,
each more considerable than the others. Obliged himself to resort
to loans, the King cannot provide for the needs of the States. The
last campaign cost over 150 millions of extraordinaries ; the next
. will cost more. The States ought to do everything to provide at
least for the maintenance of their army. He has just obtained five
millions for Mr. Franklin to meet his engagements and the drafts.
It would have been better net to send Mr. Laurens to France to
solicit extraordinary succours that we are not in a position to
grant.

Mr. Franklin has not yet communicated the instructions sent to
Mr. Jay. The decision of Congress to satisfy Spain will facilitate
the negotiations of the latter. La Luzerne will limit himself to
listening to the overtures of Congress on the negotiations with
Spain, without expressing any other opinion than that the States
ought to seek to meet the wishes of Spain, whose decisions Mr. Jay
will make known.

Mr. Laurens has been captured and taken to England with some
papers, one of which contains a draft of a treaty with Holland,
concluded between Mr. William Lee and M. Neufville. Great
Britain has seized this pretext for declaring war on Holland, against
whom she was irritated because she had joined the League of Armed
N'^utrality. According to our latest information, Russia seems dis'
posed to support the Dutch against the tyranny of England. Con-
gress ought to make ready without loss of time for a coalition with
Holland. We presume that the Empress of Russia is not opposed
to the independence of the United States. She will see not without
pleasure the resolution by which Congress adheres to her principles
relative to the belligerent powers. As for the admission of Mr.
Dana in character of representative to Russia, that will probably
take place, if the Empress decides to espouse the cause of Holland.
Messrs. Izard and Lee attack Mr. Franlilin because of base
jealousy at the consideration which he enjoys in Europe. Their
accusations merit the contempt of Congress. Mr. Franklin is
esteemed litre for his patriotism and his wisdom, and it is in large

^ degree because of the confidence which he inspires that Vergennes

CAXADIAX ARCHIVES 177

SESSIONAL PAP*ER No. 29b

has obtained for him pecuniary assistance. Would another have the
same advantages?

However his great age and his love of quiet give him an apathy
incompalible with business. All the same his replacement would
present inconveniences, and his successor might be displeasing to us.
The nomination of a secretary of legation, possibly Mr. Laurens,
would avoid the embara^sments of a new choice. In any case, Mr.
John Adams, although zealous, is not the man to be chosen, in view
of his unconciliatory character. He even sees with regret that he
is to take part in the peace negotiations.

Pie is pleased at the nomination of an American consul in France.
He appears a zealous and intelligent man. He will enjoy the pri-
vileges of the consuls of the most favoured nations. A plan of con-
vention in regard to consuls has been drawn up. Congress ought
to* give Mr. Franklin full powers to sign it. La Luzerne will send
information as to the reception which this convention will receive
from the States.

The King authorises La Luzerne to gi\ 3 a gratuity of 5,000 to 6,000
livres to a certain Congressional representative so long as he shall
appear to him to deserve it. La Luzerne will engage Mr. Payne to
work on a history of the revolution and encourage him by successive
grants which he shall determine.

For the future, in place of a letter to the President of Congress,
he will present M. de Marbois to the latter as entrusted with the
conduct of aflFairs during his absences. P- 38

Memoir.

Jan. 1781. The separation of America from England is the cause and object

of the war. France protects the colonies, England wishes to subdue
them. Neither will yield, unless forced by circumstances.

Nevertheless the war ought to have an end, but expedients to
promote peace are difficult of discovery. France has made sacred
engagements with the States; they want their independence; Spain
demands Gibraltar; England will not surrender anything. To con-
ciliate all, sacrifices are necessary. We are going to try to point
them out, limiting ourselves to America.

The Americans have rightfully rebelled; England has forced the
King into the alliance, has provoked the war with Spain. So the
war, made by America, France and Spain, is just, that of England
unjust.

Great Britain is then responsible for the consequences of the war:
she ought to bear the cost and make the sacrifices for peace.

The King and Congress demand the independence of the Thirteen
States, established by right and fact. It must be the basis of peace.

But England will dislike agreeing to the abandonment of the
Colonies when face to face with France. She may then make arran-
gements directly with the United States.

The King consents to the opening of direct negotiations between
Congress and Great Britain, on condition that the absolute inde-
pendence of the States be the preliminary basis,

England may object to an independence so explicit. Then in
place of a definitive treaty might be substituted a truce of many
29b— 12

178 DEPARTMENT OF THE SECIiETARY OF STATE

4 GEOTRGE V., A. 1914

years, assuring independence in fact and the peaceable enjoyment
of all the rights of sovereignty.

A truce seems to offer France greater advantages than a definitive
treaty. In that case England would seek reconciliation with the
colonies by a treaty of friendship and commerce, whilst a truce
would leave a persistent distrust. The Americans will tend to draw
nearer France, and our manufactures will accommodate themselves
to the tastes of those clients.

The Americans would prefer a definitive peace, which could leave
them without uneasiness, and with more liberty within and without.
Eut these considerations give way before the fatigues and horrors
of a lengthy war. The people are exhausted, and Congress runs the
risk of being without resources. Moi*eover, as long as the war lasts,
America will be exposed to the intrigues of London and to treason.
With peace or a truce, the fruits of independence 'will be experienced,
and should the war re-open England would find herself without
supporters in America.

Will the truce stipulate the statu quo, or the retirement, partial
or complete, of the English forces, for they hold Kew York, Penob-
scot, South Carolina and Georgia?

As New York is in the centre of the colonies, and useful both for
military and for commercial affairs, it is important for the States
and for France that England do not hold it.

South Carolina and Georgia, situated at the extremity of the
confederation, little settled or cultivated, without a port capable of
receiving large vessels, would not be dangerous.

But England would possess only the ports that she will occupy
at the moment of the truce.

England might perhaps be given all Carolina as an equivalent for
New York, but only in the last resort.

But the Americans will regard the peace as ill-assured, and inde-
pendence as precarious, if it is confined to a truce. The more clear-
sighted Americans, among others Washington, have vigorously
rejected the idea of a truce. It is possible that the fear of prolong-
ing the war has changed their dispositions of 1779.

The King could make the proposition of a truce, if it is not
limited to the statu quo. Otherwise, it is impossible, since he has
guaranteed the independence of the thirteen States.

It is then for the mediating Courts to propose a truce to the
United States.

In the case of a truce, the King ought to reject any restriction on
the independence of the United States that England might suggest.
This preliminary condition obtained, the King might propose the
truce to Congress, which may approve it on being shown that it
assures the essential point of independence. But the statu quo
ought to be proposed by the mediators only at the meeting of the
plenipotentiaries, the restoration of New York first of all to be
assured in advance.

The truce ought to have a duration of at least twenty years in
the interests of the States and of France, which ha® guaranteed
their liberty by the treaty of 1778.

For the greater security of the Americans tlie King can ofi'er to
take with Congress the measures proper to assuring this indepen-
dence forever.

CANADIAN ARCHIVES

179

SESSIONAL PAPER No. 29b

March 8, 1781.

220b— 12i

Resume of proposals:

(1) To the King of England to make sacrifices for peace.

(2) First sacrifice, independence of the States.

(3) Independence can be assured by a definitive treaty or by a
truce.

(4) Tiie King of England may treat directly with the Americans.

(5) The truce will be for many years, 25, 30, years, etc. The
States will be independent in fact and without restriction.

(6) It would be proper to ignore the statu quo or to limit it to
Georgia and South Carolina : the evacuation of New York to be
stipulated.

(7) The King cannot propose the truce if founded on the statu
quo. He can do so by separating the propositions, if he has the
secret assurance of the evacuation of New York.

(8) In case of a truce, the King will propose a new convention
to take precautions against attacks from England after the truce.

The King makes war on Great Britain from necessity. Unless
under great reverses, he ought not to yield on the principal object
of the struggle. That would be to tarnish his glory.

England is nearly exhausted; she is without ally, and her forces
are inferior. One can ask the King of France to be magnanimous,
but without ruin to his dignity and his interest.

p. 51

Memoir on the increase in troops and supplies asked for hy M.
de Eochamheau.

M. de Rochambeau asks for 10,000 regular troops, in order to
raise his army to 15,000, a considerable reinforcement of artillery,
and abundant supplies. The cost of 15,000 men in America must
be estimated at least at thirty millions, in view of the scarcity of
resources.

It is for the departments of finance and war to see if it is pos-
sible to provide sufficient means therefor. In proposing a part so
expensive, no guarantee is given of the extent of the efforts that
the Americans will make. Washington, when he is pressed for a
statement, takes refuge behind Congress and lets it be understood
that he may have 15,000 men. A simple possibility does not justify
so costly an expedition.

Can even these 30,000 men conquer a city so well fortified as New
York, defended by 14,000 soldiers, not to speak of certain reinforce-
ments?

Is it without political disadvantage to transfer 15,000 Frenchmen
to America? Will not so considerable a force arouse a jealousy
which, destroying the good understanding which ought to inspire
such an undertaking, will seek to escape a burden which might
seem a yoke? It will be, moreover, very difficult to maintain those
15,000 men, and success will diminish the needs of the Americans:
hence, misunderstanding between the armies.

The danger and impossibility of the plan demand its immediate
rejection. It is not in America that the decisive blow ought to be
struck. The great object of France is to win the confidence of the
Americans in her protection and her efforts for the assurance of
independence. We could answer M. de Rochambeau and General
Washington that the King cannot adhere to the Hartford Plan,

180 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

because it would increase, instead of lessening, the troubles of
America, for England would reply to this despatch of troops by
another as large, thus adding to the calamities of the United States.
'Consequently the King has decided not only to send the 10,000
men, but not even the second division which was to follow Roeham-
beau. But in order not to deprive them of assistance the King
gives it in mqney by a sum of six millions for the maintenance of
the American army. The King, furthermore, will give orders to
M. de Rochambeau's division to join the American army when
requested. In that case the squadron, if it has not received its
reinforcements, can retire to Boston, where it will be joined by
other vessels. p. 69

Tersailles, Vergennes to La Luzerne. No. 13. He gives a summary state-

ment of the points of the Hartford Conference between Washington
and M. de Rochambeau.

The latter proposed to increase the corps from 5,000 to 15,000 men,
with reinforcements of artillery and supplies. The expenses must
be estimated at such an amount as would seem to render this
impossible.

About this time La Luzerne warned them of the approaching
demands of Congress. The King is well pleased at the way in
which La Luzerne has explained to the representatives the impossi-
bility thereof. If he listened to their demands, his Majesty would
take on himself the cost of the war that he is waging for them.

After consideration in the King's Council, it has been seen to be
impossible for the Marine and the Treasury to provide the aid sug-
gested by M. de Rochambeau, which does not seem of any manifest
utility. These 30,000 men will not be able to take New York,
defended by 15,000. The despatch of such a force would prevent
us from assisting our islands, for it would be necessary to employ
the whole squadron there. The English would reply to this expedi-
tion by sending another of equal strength, which would add to the
calamities of America. As all the requests of Congress solicit, not
troops, but money, it has been decided to refuse even the despatch
of the second division, detained by a superior English squadron, but
in order not to deprive them of assistance, it will be supplied in
other ways.

The Minister of War directs M. de Rochambeau to regard himself
as entirely under the orders of the American General, and to unite
with him.

If the insurrection of the Pennsylvania Line spreads, causing
fear of the dissolution of the army, M. de Rochambeau will retire
to Rhode Island or to the Antilles.

M, de Grasse has orders, at the approach of winter, to detach i
part of his squadron to sweep the American coasts and cooperate
with the French and American Generals. The number of vessels
sent will depend upon the expeditions projected by the Spaniards.
Little matter where we strike; if the blow is successful, it helps all
the allies.

We must observe the most profound secrecy in regard to the
sending to America of a part of our squadron from the Antilles.
There is so little of secrecy in Congress that it is necessary to keep
it in ignorance. The great advantage would be to surprise Admiral
Arbuthnot, before Rodney's reinforcements, and set free the Rhode

CANADIAN ARCHIVES 181

SESSIONAL PAPER No. 29b

Island fleet. M. de Barras, a fine sailor, is going to take the com-
mand.

He will judge how far he ought to inform General Washington.

The King is affected by the attachment of Congress, and would
like to satisfy its demands, but good will has its limits. The war
costs us more than 150 millions extraordinaries a year. We must
borrow to meet the situation. Congress asks for 25 millions. Even
with the King's guarantee. Congress cannot borrow at the same rate
as he. If the King himself raises the loan, it will be necessary to
increase the rate on money; confidence will fall and with it credit,
and resources will fail as well for the King as for the allies. So the
King cannot authorise borrowing by Congress in France, but as a
mark of his interest, and in spite of the hard times, he gives them
a free subsidy of six million livres. He will inform Mr. Franklin
of this, and will see that he receives at a fair price and of good
quality the goods he desires for which we shall pay. The residue
of the six millions will be held at the disposal of General Wash-
ington, with a recommendation that he avail himself of it only for
debts long overdue.

Congress owes gratitude to the King for all his efforts. He has
obtained for Mr. Franklin, since 1780, a loan of three millions, then
another million, and this year four millions without interest, a
total of eight millions, with a free gift of six millions. So in two
years the King has provided fourteen million for Congress. Such
generosity certainly deserves gratitude. p. 76

Versailles, Vergennes to La Luzerne. K'o. 14. Received despatches up to

^^'^^ ^' No." 114. The resolution of Congress in regard to the Association

of Neutrals is very wise and will be pleasing to Russia. The
Empress, hoping to re-establish peace by her mediation, observes a
strict impartiality and could not recognise Mr. Dana without clash-
ing with England. His nomination, then, seems premature: it will
be better not to do anything about it so as to avoid refusal. When
the time will come, we will assist in having him accepted.

Several of his despatches have not reached La Luzerne. Nos. 8
and 10 have reference to Mr. John Adams. He sees with regret,
for all Mr. Adams' patriotism, that he is entrusted with so delicate
a negotiation as that of the peace, for he displays a stubbornness,
pride and conceitedness that will be the despair of his fellow nego-
tiators. It is impossible to change him, and La Luzerne will make
no suggestion for his recall, but will show the necessity of his subor-
dinating his conduct to the views of the King, and to the directions
of the French negotiator. ,

The English ministry has attempted to open a secret negotiation
with Spain for a separate peace. Nothing has been done, for the
propositions of Spain were based on the engagements of France with
the United States. The English emissary, however, is remaining
at Madrid.

The Empress of Russia has invited the Court of England to
invoke her mediation. That Court has accepted, and has invited
the Emperor to take part. The King of France replied that he
would be happy to reach a peace under the auspices of Catherine II,
but could not accept withovit the consent of his allies. Madrid
replied that she must await the issue of the direct negotiation ■which
had been begun, before having recourse to mediation.

182 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

The Emperor offered France and Spain his mediation as requested
by the Court of London. The King of France replied in the same
way as to the Empress. The King of Spain declared he could not
consider a mediation so long as the direct negotiation with England
continued.

These replies constitute an eventual acceptance of mediation : to
refuse it would be to offend those two powers. And our demands
are so just that they can prevail at any tribunal. We have no
reason to refuse.

Ignorance of the sentiments of our allies has caused us to post-
pone the acceptance of mediation. It is a proof of the attachment
of the King to the alliance. La Luzerne will call the attention of
Congress to the importance of making known to the powers its
views on mediation through His Majesty. He hopes that Congress
will be disposed to accept it, and it may count on the zeal with
which the King will press their interests during the negotiations.

As the Court of London will act with unreasonable obstinacy,
because of its dread of sacrifices. Congress ought to frame its
demands with all the moderation possible, in order to win the favour
of the mediators. In the event of difficulty in effecting a peace, it
is necessary that the American plenipotentiary be able to make
known the decision of Congress in regard to a truce.

La Luzerne ought to refrain from making known the sentiment
of the Court on the subject of the truce. But whether we are work-
ing for a peace or a treaty, he will call the attention of Congress
to the necessity of pushing the war with vigour; that will be the
most effective way of bringing the English to reason. If the King
is compeHed to make a definite statement, he will accept condition-
ally for himself and for the LTnited States the offer of mediation.
Nothing forbids this, whilst a refusal might bring on results as
troublesome as they are incapable of being forecast. p. 88

Vol. 16. 1781.

April 14. 'M_. de Rochambeau to La Luzerne. The expedition has been

getting ready for fifteen days. He is counting on its success if the
squadron continues engaged in Chesapeake Bay.

The drafts are converted into continental paper at 75, and he is
using this paper at the same rate. He prays him to see to it that
the treasurer, M. de Roquebrune, does not lose a more favourable
rate, if that be possible.

He believes that M. Holker is an avaricious merchant and not
the King's friend.

P.S. General Washington agrees to the expedition on two con-
ditions, (1) of not counting on the militia of the country — which
he had foreseen, — (2) of sending only two frigates and a flute with
troops, in order to keep the entire squadron of M. Destouches to
attack at need the English fleet. M. Destouches replies that being
without transport he cannot convey 800 men on two frigates. M.
de Rochambeau believes the blow has failed or has been delayed.
He has all the information possible on Halifax. It is a large under-
taking, and it will be necessary to sacrifice some vessels in order to
force an entrance of the port. Ther.e is no way of landing without
a preliminary engagement. Mr. Maclean has erected vast works

CAXADIAX ARCHIVES 183

SESSIONAL PAPER No. 29b

there in the last four j^ears. He has seen the plans. There is a
. garrison of 3,000 and a new citadel dominating all the surroundings.

p. 11
ApHr'i9^' Vergennes to La Luzerne. No. 15. Since his last despatch on

mediation the face of things has changed. London has recalled her
emissary from Madrid and the King of Spain, being free, has
accepted mediation. The King of France has done the same, but
both of them with the reservation that the acceptance be eifective
only after the preliminary bases have been established. The King
has proposed two questions: the admission of an American pleni-
potentiary, and the footing on which England intends to treat with
the L^nited States.

La Luzerne will invite Congress to accept mediation and to send
instructions to its plenipotentiary. The King will not countenance
any negotiation except after a satisfactory solution of his two
demands. It is then desirable that Congress put entire confidence
in the friendship of the King in order to influence the conduct of
Mr. Adams and check him in the flights of his imagination and
conceit. Mr. Adams has not the ability to appreciate fine distinc-
tions which "is a requisite of a negotiator.

Taking into consideration the distress of the American army,
where the want of money has produced insubordination, the King
has consented to guarantee a loan of ten millions to be raised in
Holland for the United States. At the end of the year we shall
have procured for Congress twenty millions, without mentioning the
expenses of our squadron and of our troops in its service. So the
King counts on the gratitude of Congress which ought to make
efforts to second him. Part of the subsidy of six millions will be
used for the purchases requested by Mr. Laurens. The balance
will be at the disposal of Mr. Washington. Three millions will b«
supplied to Mr. Franklin to pay the drafts of Congress. The fourth
million will serve as a reserve for unforeseen events and to dis-
charge bills sent.

M. Necker will give his attention to the loan of ten millions in
Holland along with Mr. Laurens or Mr. Adams, who is in that
country.

He has received his despatches up to No. 118. He had wished
that Congress had told Mr. Adams to make no move without the
preliminary approbation of the King. He will say so to the presi-
dent of Congress.

The matters treated in his letters to M. de Castries are of a poli-
tical character. It is to Vergennes that he ought to report them,
as well as all other subjects. He himself will inform the other
departments. p. 14

iTif"?' Vergennes to La Luzerne. No. 16. The Court of London has

declared to the Imperial Courts that it would be ready to consider
peace as soon as the alliance between France and the rebellious sub-
jects will have ceased. The King replied that it would be useless
then to dream of i)eace, requesting England to make a statement on
the two questions previously submitted. She answered that, in all
the points to be considered, the dependence of her rebellious sub-
V jocts be predetermined. So long as this demand on the part of

England continues, there can be question neither of mediation nor

184 DEPARTMEM' OF THE X EC RET ANY OF STATE

4 GEORGE v., A. 1914

of peace. That proves the importance of pressing the war with
vigour in order to force England to terms.

Vienna will transmit the King's reply to England, probably with
observations. Although it be so, Congress ought to give instruc-
tions to its plenipotentiary, since negotiations may open, if not now,
perhaps during the coming campaign.

After consultation with him, Mr. Dana has recognised the danger
of presenting himself officially in Russia, before the Empress recog-
nises the United States. He has decided to present himself simply
as a traveller, and Vergennes has recommended him to M. de Verac,
the French minister.

M. de Verac informs him that the Comte de Panis has seen with
pleasure the resolution of Congress to adhere to the declaration
made by Russia to the powers.

P.S. Herewith is a power of attorney from M™® de Colombet to
be signed by her son. P- 22

Address to those of the Society called Quakers, who have heen
excluded from it on account of religion or political principles.
April 24. A certain number of Quakers have assembled to take into consi-

deration present circumstances.

They have been forced to separate from the old church, which,
after having put restraint on their liberty of conscience, has ex-
cluded them from the society. A great number also have been
excluded for having fulfilled faithfully their duties towards their
country.

Under the obligation that exists of adoring God publicly, and
knowing that the Lord has promised to be with those who gather in
his name, they will establish a religion and congregations.

They will preach no new doctrine. They will assure liberty of
conscience. They will take as basis the maxim of allowing each
to think and judge for himself, and be responsible only to God him-
self.
They invite their brothers in affliction to join them. p. 2Y

Philadelphia, j^^ Luzerne to Vergennes. No. 137. The news that the second

division would arrive only towards the end of the campaign has
produced a very bad effect in the East. For the Eastern States
had displayed extraordinary efforts in the hope of the arrival of the
second division. So the recruiting lists of Xew Hampshire and
Massachusetts are complete. The people of the East had conceived
the greatest hopes of the undertaking against Penobscot, but Generals
Washington and Rochambeau have put off the expedition till later.
The abandonment of it is feared. The English circulate reports
that France amuses them with promises which she will not fulfil.
To ensure that they do not become discouraged, it is necessary to
nourish the patriotism and the activity of the Americans by an
enterprise the success of which interests them particularly. An
expedition against Canada will be most agreeable to the Eastern
States. They believe it practicable and very useful. The delegates
from the ISTorth have instructions on this subject, and if the French
general consents to it, the delegates from the South will have no
reasonable objection. One delegate has laid his batteries in favour
of a motion supporting an expedition to Canada.

He asserts that peace with security cannot be established so long
as Canada remains to England; that at the peace the means of

April 29.

CANADIAN ARCHITES 185

SESSIONAL PAPER No. 29b

defence of Congress will be reduced to nothing; and that England
will continually menace the States of the North.

He proposes for the invasion of Canada the formation of a corps
of six thousand men with the militia of New England and the troops
of the Due de Lauzun and the begnning of operations at the first
of August.

To turn the delegate from his project, he has urged the need of
the union, which might be broken by this plan, adopted by the
North in despite of the South. Besides it was for the general-in-
chief to decide on the expediency of this expedition. It was mani-
fest that France ought to be praying for the deliverance of Canada.
But the plan had been checked at Hartford, sent to France, and
measures prepared in consequence. Was Congress sufficiently strong
to prepare an external expedition, contrary, it may be, to the plan
of General Washington.

It was very difficult to get the delegate to abandon his motion.
He promised to let his colleagues know that he agreed that nothing
be done without consulting General Washington. In the interval.
La Luzerne is going to employ himself in detaching Congress from
this project. In spite of the dispositions of the North, he expects
to succeed, thanks to the Southern delegates, especially if Wash-
ington <loe6 not favour it. p. 31
Philadelphia, j^^ Luzerne to Vergennes. No. 138. Congress is not pleased at
the silence of Mr. Franklin. The other ministers are giving account
of the measures of several powers that seem favourable to inde-
pendence. Mr. Jay announces that Spain seems better disposed
towards Confederation. She surrenders to the Americans the clothes
found on board the convoy taken from English, which will be of
great help for this whole campaign, above all after the taking of the
frigate Confederation, loaded with clothes.

Spain will acquit letters of exchange to the amount of two mil-
lions of reals, but is much surprised that they have been drawn
without her knowledge. But he does not believe that Congress can
without danger deprive itself of the resource of drawing on Spain.

In view of the attention that the Russian minister at Madrid
offers to Mr. Jay, it is hoped that Russia will recognise the inde-
pendence, above all after the hostilities of the English against the
Low Countries,

He has declared that, although circumstances might be very
encouraging. Congress ought not to expect that the English would
abandon, at the peace, the American territories which they would
hold. In the negotiations, they will seek to stipulate the retention
of the States of the South.

The measures of Congress are not sufficient to recover these States
from the hands of the English. It is even to be feared that they
will succeed in arming them against America.

His victory at Guildford, on March 15"\ has so weakened Corn-
wall is, by the number of killed and wounded, that he has had to
fall back by forced marches on Wilmington. General Greene has
followed him as far as Deep River. On April &-^ he marched to-
wards Camden and will compel the English to retreat to Charles-
town. La Fayette is at Richmond with 1,200 men. Some militia
will join him. General Philips commands 2,500 English in the
neighborhood.

186

DEPARTilEXT OF THE HECRETAliY OF STATE

Versailles,
May 11 til.

Philadelphia,
May 12.

4 GEORGE v., A. 1914

The English had organised a general attack on the principal
southern posts. Cornwallis, crossing the Carolinas and Virginia,
was to join Arnold and Philips. General Greene's prudence broke
up the movement, whilst our SQuadron held back the reinforcements
from Clinton to Arnold.

Commerce on the Chesapeake is closed. The English hold a strong
po"!ition there. They have armed the Indians on the frontiers of
Virginia, which State has sent out its militia. The Quakers, whose
number is decreasing in all the States, have made converts among
the Indians. One tribe, which they have converted, have refused
the solicitations of the English to have them take up arms.

Since the beginning of hostilities they have excluded from their
society all those who took up arms or even voluntarily paid the taxes
imposed for the support of the war. The principle of religious
liberty forbade the government from intervening. But those
expelled, including an ex-member of Congress, have formed a separate
congregation. It is the first schism since the foundation of the sect.
We expect to see the new church receive all the Quakers. Attached
to the government, they are growing tired of the old severities, p. 38

Vergennes to La Luzerne. No. 17. His last despatch announced
that the King had become guarantee for the American loan of ten
millions in Holland. Supplies and clothes have been furnished to
Mr. Laurens for a part of the six' millions, the King's gift to Con-
gress.

Because of the default of credit for Congress in Holland, which
is moreover bound by the declaration of the neutrals, the King has
offered himself as principal borrower and alone responsible. He
trusts that Congress will appreciate this action and will censure the
dissatisfaction of Mr. Laurens, who has made importunate demands
and threats. He asks for eight millions in arms and clothing, and
a loan of twenty-five millions. Congress must be informed of the
impossibility of duplicating such succours as those recently accorded.

Mr. Adams has resolved on making public in Holland his char-
acter as minister of the LTiiited States, in spite of all advice. This,
doubtless, is in the wish to play a political role. La Luzerne will
get Congress to direct its ministers not to make any political move-
ment without consulting France.

No progress in the matter of mediation. The admission of an
American plenipotentiary, offers difficulties, but it ought to be
decided in favour of the United States.

P.S. Has received his despatches up to No. 130. p. 47

La Luzerne to Vergennes. No. 139. The Northern delegations
favour an expedition against Canada. The Southern representa-
tives do not oppose an expedition made within the limits of the
ultimatum of 1777, but contest any expedition against Quebec or
other northern part of Canada, so long as a part of the Thirteen
States is invaded by the enemy.

As a result, they have secretly resolved on an expedition against
Niagara and Detroit, under Colonel Clarke with the militia of
Virginia and Kentucky. This expedition would secure the north-
ern frontier, two important pvosts, and Lakes Huron, Erie and
Ontario, and would furnish advantageous means for negotiation.
Detroit has little defence, a weak garrison, and the French there
are disaffected towards England. Niagara, the centre of several

CAXADIAX ARCHIVES

187

SESSIONAL PAPER No. 29b

Versailles,
May 14.

rivers, is very important. But Clarke's forces are too feeble for
him to succeed.

The French settlers at Kaskaskia, led by M. de la Balme, attempted
an expedition against Detroit. They captured the post of the Mia-
mis, but were cut to pieces in an ambuscado of English and Indians.

This colony of Kaskaskia recognises Congress, but Virginia claims
it. This has produced troubles, and the Kaskaskians have addressed
a memoir to him full of assurances of affection for France. 'They
sought his intervention to obtain better treatment. He spoke about
it familiarly to the Virginian representatives, but abstained from
all direct solicitation. He has refused letters of exchange drawn
on him by M. de la Balme and given to the settlers.

M. de Rochambeau is going to establish himself on t-he Xorth
River with the greater part of the French division. There are
reports of an early evacuation of New York. Enclosed is a letter
from M. de Rochambeau. p. 53

Vergennes to La Luzerne. No. 18. Mr. Laurens has obtained a
pass from the King for his return. AYe have gone even beyond the
possible in his favour.

He has refused to divulge to Mr. Laurens the detail of the rein-
forcements on sea that we shall send this summer to America, first,
because it would be difficult to protect a secret entrusted to so
numerous an assembly as Congress, and because we ourselves are
ignorant of the number of vessels it will be possible to detach. La
Luzerne may inform General Washington in confidence that M. de
Grasse, has received orders, a^ter having provided for the safety
of our islands, to proceed with all or the greater part of his squadron
to the coasts of America and to support all practicable oi>erations.

If the secret is well guarded, it would be possible for M. de Grasse
to surprise Admiral Arbuthnot. A victory would assure our super-
iority.

M. de Castries will write for information on the scandalous man-
oeuvre in regard to letters of exchange. M. Holker's conduct appears
very suspicious. If he is not looking after his own business, he
certainly is not looking after that of the King, or of M. de Chau-
mont, his employer, who proposed no profit for himself. p. 58

Vol. 17. 1781.

Philadelphia,
June 4.

La Luzerne to M. de Grasse. A second division of troops and a
second squadron had been promised to the States. Circumstances
have prevented the fulfilment of that promise. As a result of cal-
culations based on these assurances, a bold movement has been made
on the frontiers of Carolina by General Greene. The English have
sent superior forces to the South. Cornwallis has drained the
garrison of Charlestown to form an army which, traversing the
Southern States, has joined another, come by the Chesapeake, under
General Philii)s. Since his death Arnold is in command. La
Fayette, with 1,000 men, troops and militia, watches this army.
A reinforcement from New York has joined Cornwallis, who has
six thousand men on the river James. La Fayette can only avoi.l
being enveloped. General Wayne sets out to rejoin him with 1,200
men. General Greene has advanced on Camden with 1,500 men.

188 DEPARTME^ST OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

Washington had a conference with M. de Eochambeau at Hart-
ford the 22°*^ of May. The French troops are to march to the
Hudson River, if the King's squadron can leave Newport, where all
the English naval forces are blockading i*. Washington wishes to
direct against New York a diversion that will become an attack if
the place is not reinforced. If succours are sent, it will be a relief
for the Southern States, now reduced to extremities.

De Grasse alone can extricate the invaded States from this crisis,
without loss of time. He is to inform La Luzerne of his designs,
which he will communicate to M. de Barras. If he proceeds to
Chesapeake Bay he could seize all the ships.

His juncture with M. de Barras will depend on the movements
to be made and their correspondence.

Washington writes him that M. de Rochambeau and he are of
opinion that -AI. de Grasse proceed to Sandy Hook, where he will
receive all iiiformation. It is possible that he will coop up or defeat
Admiral Arbuthnot and unite with M. de Barras.

This is the greatest service that can be rendered to the allies.
The English have 4,000 men, regulars, and 3,000 militia; and about
6 to 7,000 men in Virginia and 3,000 both at Charlestown and in
the Carolinas and Georgia. p. 13

Philadelphia, j^^ Luzerne to Vergennes. No. 145. The matter of the negotia-

tions intrusted to Mr. Adams in the way of settling itself in
satisfactory fashion. On May 26*'^ he sent to Congress a memoir,
here enclosed. A committee was nominated to confer with him.
After giving information on the movements of the Empress and of
the Emperor in favour of mediation, he frankly explained the danger
of leaving the negotiations at the discretion of Mr. Adams. After
the meeting, the chairman of the committee drew up his report,
setting forth the facts in regard to mediation, and the motives for
putting Mr. Adams under the direction of the French and Spanish
plenipotentiaries during the conferences for peace. He added that
France was the only recognised channel for communications with
the mediators, and that the negotiation could be left to her care,
after the principal points from which Congress did not intend to
withdraw had been designated. On June S^^ the committee pre-
sented to Congress the following resolutions: (1) to accept media-
tion; (2) to enter it by the channel of the ministers of France;
(3) to authorise the plenipotentiary to sign a treaty of peace con-
formable to the ultimatum of October, 1779, on condition that inde-
pendence should be recognised; (4) a recommendation to the Ameri-
can ministers to act on the advice of the French ministers.

The Committee made no mention of a truce.

In spite of the urgent letters of the president to the different
States to complete their delegations, there were still only ten States
represented, a single delegate from Rhode Island, and from Dela-
ware, none from New York.

A delegate opened the sitting of the 5*^^^ of June by setting forth
to Congress the necessity of allowing no delay in taking unanimous
action on the resolutions to be adopted in regard to peace. Congress
agreed unanimously to accept the mediation of the Courts of Vienna
and Petersburg subject to the recognition of the independence and
sovereignty of the Thirteen States.

CANADIAN ARCHIVES 189

SESSIONAL PAPER No. 29b

On the 6*^'^ of June the other articles were discussed. It waa
decided that the treaties of the 6'^'^ of February, 3778, should form
the basis of the instructions to be given to the American plenipo-
tentiary, but as they do not determine the extent of the bounds of
the Thirteen States, this question was debated, with the result that,
if it is impossible for the plenipotentiaries to agree on this point,
they shall stipulate that the boundaries be laid down by commis-
sioners after the peace.

New Hampshire, Pennsylvania, Xew Jersey, Maryland, South
Carolina, and Georgia voted for the motion. Massachusetts, Virginia
and Connecticut voted against it. ISTorth Carolina was divided.
The other States were not represented. The motion, supported by
only six votes, failed.

The motives of this opposition are the views of aggrandisement
in certain States, the fears of certain others of being exposed to the
attacks of the English. The third class of opponents comprehends
those who are dreaming about speculations.'

The States having views of aggrandisement are Massachusetts,
Virginia, and perhaps New York.

He has called the attention of the delegates to the imprudence of
disgusting the mediators by ridiculous pretensions. The delegates
from Massachusetts and from Virginia replied that the Treaty of
Paris and the Proclamation of 1763 ought to be the foundation of
their ultimatum; that the edifice of confederation would be under-
mined if they deviated from its acts; that it could not be said where
the right of the Americans began and where ended that of the
English if they had no right to the territories extending up to the
45*^*^ degree of latitude. If they yielded to the English on one point,
it would not be easy to defend the other.

La Luzerne replied that as these acts would be presented as the
basis of the American claims, they could consent to restrict them-
selves to narrower bounds, but he refused to fix those bounds. One
delegate declared himself in favour of the limits before the war of
1756, but retracted on seeing the maps. This delegate seems to be
convinced of the necessity of yielding, but La Luzerne has not
succeeded in convincing the delegates who wish to continue the war
and those who hold grants.

He has confined himself to persuading the party of sensible and
moderate people who wish to hold the English at a great distance
from the United States. So Connecticut has no plan of aggrandise-
ment, but wishes that there be a great wilderness between the Eng-
lish and the Americans, through fear of a new war resulting from
proximity. The adventurous spirit of the Americans induces them
to make new settlements in the woods: for example, Vermont,
Kentucky, and Illinois. If England holds vast territories, it is
feared that she may draw the inhabitants of the colonies to them by
grants and advances. It would be impossible to prevent this immi-
gration, which would weaken the States. Later England will arm
these new settlers against them.

To these arguments La Luzerne replied that it is quite necessary
that the States resign themselves to having neighbors. If a new
war broke out in Eurox>e later, in which France would be engaged,
England could then fall on the States with all her forces.

190 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

This suggestion has ali-eady made a strong impression on moderate
people. La Luzerne has added that too great demands would anta-
gonise the mediators and there might be a change from a pacific
to an armed mediation. He advised the delegate from Connecticut
to transmit to the King's minister his observations, which deserve
great attention, adding that it would be necessary to draw up with
the greatest moderation the instructions to Mr. Adams.

The remarks of La Luzerne have made a great impression on the
president, a delegate from Connecticut and his party. But to better
assure a majority of seven votes, they to-day dragged to Congress
a delegate, scarcely convalescent, representing Maryland, which
favours the narrowing of the limits fixed by the ultimatum.

It has been resolved to consent to a truce, in default of a defini-
tive peace, but on condition of the total evacuation of American
territory. It has been resolved that if England demand the restora-
tion of the property confiscated from the disaffected, a demand will
be made for the payment of all damage independent of the opera-
tions of war. If this demand meet with difficult>es, the plenipoten-
tiary will be authorised to drop it. He will be ordered to com-
municate whatever has a bearing on the negotiation to the King's
ministers, and to let himself be directed by them, except as regards
independence and the boundaries. The news of the taking of Pen-
sacola has given new strength to the opposition.

P.S. Lord Rawdon has been compelled to evacuate Camden and
to retreat to Charlestown. Cornwallis, warned of the danger of this
city, has just sent thither a division of his army from Virginia.
The commander at Charlestown has published threatening pro-
clamations without any effect. General Greene, free to operate in
South Carolina, has taken possession of several posts. This proves
still more than ever that the English possess only the places where
their armies may be established. p. 20

^!!!!.^'?i^^'^'^' ^^ Luzerne to Vergennes. No. 147. He has conferred to-day

with a committee, which has communicated to him the instructions
for the plenipotentiary in regard to the peace. Here is the state-
ment thereof.

(1) He is authorised to accept the mediation offered by the
Empress of Russia and the Emperor of Germany.

(2) He shall agree to a treaty only in as much as it will effectively
assure the independence and the sovereignty of the Thirteen States.

(3) As regards the boundaries and other objects, he shall follow
preceding instructions, using his judgment to safeguard the interests
of the State-s according to circumstances.

(4) He shall communicate with the King's ministers, and under-
take nothing without their concurrence or knowledge.

(5) If the recognition of independence by England occasions
difficulties, he may agree to a truce, provided that she evacuate all
American territory.

La Luzerne told the committee that these instructions were in-
complete, entrusting to the judgment of Mr. Adams the decision in
regard to peace, and the interests of the United States. He has
not the qualifications for this immense power. Already for being
mistaken on his instructions he has been censured by Congress.
He deludes Congress as to the interests of the Eastern States in
regard to fisheries. He is ignorant of the distress of the Southern

June 11.

CANADIAN ARCHIVES 19^

SESSIONAL PAPER No. 29b

States. Is it for him to judge as to the danger of a continental
war^ Will the man who has embroiled himself with the Court of
France be able to conciliate the mediators? The obligation of com-
municating with the French ministers is mere'y complimentary, for
how, except through those ministers, cou'd he negotiate with parties
who do not recognise American independence?

In the case of disagreement between him and the French ministry,
is it Mr. Adams who will decide? The Court cannot be suspected of
preferring to American interests those of England. The only way to
prevent all embarrissment is to put Mr. Adams entirely under the
direction of the King's ministers

La Luzerne added that the instructions left Mr. Adams free to
fix the duration of the truce. The chairman of the committee
replied that Congress wished that the truce be for at least ten years.
The committee then discussed La Luzerne's observations. They
agTeed to various changes in the instructions for Mr. Adams to be
submitted to Congress. This latter body accepted the changes pro-
posed; only Massachusetts represented that it was dangerous to
leave the King master of all the subjects of negotiation — boundaries,
fisheries, confiscated property, etc. It was answered that, during
three years of alliance, the King had given proof of such disinter-
estedness and good will, that they could not refuse him absolute
confidence. The changes were adopted and seemed to put the
negotiation entirely in the hands of His Majesty, except indepen-
dence and the treaties.

The readinoss with which Congress has accorded with our repre-
sentations is due to two causes. The first is the absence of Mr.
Samuel Adams: by his correspondent, he has succeeded in making
this gentleman known to his constituents, and it may be that he
will not be re-elected. The second cause is the rupture of the league
of New England States and the overthrow of its scheme for prolong-
ing the war. It is to a repr.sentative, General Sullivan, that this last
success is due. He is very zealous for the alliance, and it will be
well to encourage his attachment.

_ The absence of the New York representatives is another assisting
circumstance, intractable as they are on the question of the bound-
aries which they fix for Canada. Certain representatives are still
dissatisfied in regard to Mr. John Adams. It seemed impossible to
recall hirn. On his suggestion. Congress gave him two colleagues,
Mr. Jay is one of them. He is of New York, and has its ideas as
to the boundaries. He has informed Congress that it would be
better to renounce the Spanish alliance than the lands on the left
of the Mississippi. Mr. Carmichael, the legation secretary, is of
the contrary opinion. p. p,3

June\T^'^' ^^ Luzerne to Vergennes. No. 148. He conununicates some

observations on Mr. Adams' instructions, for the guidance of the
King's plenipotentiaries.

During the debates, the first article passed without difficulty.
As for the second, it was decided to adhere to the treaties, as being
the sole titles for obtaining recognition from the powers. So inde-
pendence and the treaties should not be touched in any way by the
plenipotentiaries.

Third article. There were three opinions on the subject of the
boundaries. Some stood for the limits of 1779; others demanded

192 DEPARTMENT OF THE SECRETARY OF STATE

4 GEORGE v., A. 1914

the specification of the Ohio in the ultimatum; he could have had
this proposal passed, but did not do so because it may be that cir-
cumstances will make it necessary to draw back further. The States
will not complain if, at the peace, the boundary is fixed at the Ohio.
The peace will be less agreeable in proportion as we withdraw from
that line. It will, indeed, be accepted, but with general complaint,
if we are forced to take as boundary the mountains which separate
the rivers falling into the Atlantic and those which flow to the west.
That is why the third opinion has been adopted, that is, to refer the
matter to the plenipotentiaries and the King's ministers. As several
States have settlements beyond these mountains, only absolute
necessity could get this boundary accepted, and he doubts if such
a treaty would be ratified, dismembering any State. Surrender will
be rendered more difficult by the fact that the lands beyond the
mountains are assigned as recompense to the soldiers.

On the subject of confiscated property, it was formerly resolved,
that Congress would make restitution if the English insisted, on
condition that they would recompense the citizens for losses not
necessitated by war. In spite of the repugnance of Congress to
submitting thereto, this subject will not prevent peace. It is left
implicitly at the discretion of the King., These restitutions would
become a great burden for the United States.

As vast territories are at stake, it is very desirable that the bound-
aries be defined completely by the treaty of peace. ,

Fourth article. The American plenipotentiaries would here be
judged very reprehensible if they showed the least reticence in their
confidence towards the King's ministers.

Fifth article. Congress has been much embarrassed in determin-
ing on what condition it would accept a truce. It leaves to the
King the conditions of the truce, but demands the total evacuation
of the Thirte-en States. It rejects absolutely the status quo. It
regards the truce only as a way of sparing England the formal
recognition of independence. It thinks that, in the circumstances,
it would be better to continue the war, than to leave England a single
post in the Thirteen States. A truce of ten years is desired, but
they would consent to one of five years at the least. As they are
ready to adopt it without the hope of a new treaty with the King,
he has thought that he ought not to mention the subject.

The surrender of the lands to the right of the Ohio is regarded
as compensation for the evacuations that the English will make at
New York, Penobscot, and in the South, seeing that these lands
are inhabited by American emigrants.

Rhode Island, New Jersey and Delaware, — which cannot expand
—New Hampshire and Pennsylvania were favourable to fixing the
boundaries. Virginia is more opposed to it than ever. Massachu-
setts is in the habit of opT>o&ing everything that we wish.

The debate has revealed divergent interests in the North and the
South. That will determine the choosing of three or five plenipo-
tentiaries, in order to balance opinions. Massachusetts, faithful to
its principle, always supports the claims of each State, however
exaggerated they may be. P- ^'^

Philadelphia, ^^ Luzeme to Vergennes. No. 149. Congress has considered the

recall of Mr. Adams. It was found preferable to give him two
fellow plenipotentiaries. Mr. Jay was chosen. General Sullivan

CAYADIAX ARCHIVES

193

SESSIONAL PAPER No. 29b

Philadelphia,
June 23.

29b— 13

proposed Mr. Franklin, without succeeding in getting him accepted.
He then successfully opposed the nomination of Messrs. Jefferson
and Laurens. Sullivan supported the cause of Mr. Franklin, and
proposed to add the names of the three candidates to the two pleni-
potentiaries already named. After discussion, they were unani-
mously elected.

Mr. Gerard knows Mr. Lauren-, well. Certain eircuiristaiices
render him suspect. If the English release him for the negotia-
tions, it will be necessary to watch him carefully. He is doubtful
if Mr. Jefl'ersou will accept the nomination. It would be an advan-
tage to have had Messrs. Franklin and Jay added to Mr. Adams.

He has had inserted in the instruments by which Congress accepts
mediation this important article, that some, or even one among
them could, at need, treat and decide, conjointly with the King's
plenipotentiaries. It has appeared to him advantageous to have
Mr. Franklin nominated; it will be necessary to use our influence
discreetly in his regard, in view of the jealousy which he experiences.
He ought even to show himseK the most particular on all other
points. Mr. Arthur Lee has done everything to obtain the exclusion
of Mr. Franklin. The strongest objection was that, having received
"a conces.'ion on the Ohio from England, Franklin wm il 1 be "iitei-
ested in leaving those territories to the English, for his concession
v.op.ld otherwise become void.

On the proposal of electing a Minister of Foreign Affairs, Mr.
Lee received five votes. He is working to obtain the two that he
lacks. p. 64

La Luzerne to Vergennes. No. 150. He has learned that the
representatives of two States complained of the imprudence of Con-
gress in putting the States at the mercy of the King by the instruc-
tions to its plenipotentiaries. They added that the discontented will
profit by it to say that Congress has sold them to France; that their
plenipotentiaries would play a secondary role; that France had false
ideas on the fisheries, boundaries, etc.; that it was a wounding of
the dignity of the States to hand over to us the transaction which
is of greatest importance; and that this measure had been taken
too precipitately.

These remarks made an impression on some representatives and
on the public. Some of the representatives advised me that a
motion had been made in Congress for reconsidering the instruc-
tions to the plenipotentiaries, but that the majority, sensible of this
false step, had proposed an adjournment. These representatives
wished that a compromise could be adopted.

La Luzerne expressed his surprise, but seeing these representa-
tives alarmed at the discontent of their colleagues, he proposed to
regard as non-existent the communication made to him, and to
reconsider the resolutions taken. He added that France did not
wish for a trust which would not be unanimous ; that she would not
hold to the powers granted, since they produced so much iinrest;
that the peace, whatever it might be, would not please every one;
that they were wrong in imagining that the powers of Europe were
favourable to independence.

The result of this language was the reconsideration of the instruc-
tions and their confirmation, as he hoped. They leave by the Anna,
addressed to Messrs. Franklin, Adams and Jay.

194 ' OA2fADIAN ARCHIVES

4 GEORGE v., A. 1914

They were deluding themselves in America that all the powers

were favourable to independence and that the mediators would

incline more to the United States than to England. p. 69

Junrs^O^^' Vergennes to La Luzerne, No. 19. Keceived the despatches up

to No. 132.

The United States have the greatest interest in maintaining the
integrity of their confederacy. This is the King's opinion, who is
fully resolved to do everything to assure this result. He will cease
to defend the integrity of the confederacy only in case of tht
absolute impossibility otherwise of concluding a reasonable peace.

La Luzerne will assure the delegates that the King stands by his
engagements both as a matter of principle and of sentiment, and
that his interest is the guarantee of his fidelity in fulfilling them;
but he will by insensible degrees point out the hypotheses which
might render a sacrifice indispensible.

The task will be troublesome and difficult, but he entrusts it to
his prudence and to his dexterity. It would be well to make them
see that the war cannot be eternal, but he will not let it be seen that
he is authorised to speak thus. The King is determined not to pro-
pose any sacrifice to them, leaving this task to the mediating Courts,
should it become necessary.

On the subject of mediation, matters have in no way changed.
There were some preliminary overtures, but not sufficiently explicit
to regard them as certain bases of peace. He has, however, invited
Mr. Adams to come to Paris.

The accession of Maryland to the confederacy presents the great
advantage of giving full powers to Congress, which, hitherto, was
without vigour or influence, whence came the languor and incoher-
ence, causes of its lack of success. Congress will be able to give
a new development to American patriotism.

La Luzerne has well grasped the King's policy, which wishes the
reunion of the States. His action in regard to Maryland has been
approved. If we had foreseen inconveniences as a result of the
confederacy, we would never have favoured it. Such is still our
opinion.

He presiimes that the completion of the confederacy puts aside
the question of the partial ratification of the treaties by the Thir-
teen States.

The picture of the southern provinces is very afflicting. He hopes
that M. de Rochambeau and M. Destouches will have done all in
their power in this regard. In spite of his success, Cornwallis has
had to retreat, which will restore tranquillity to the Carolinas.

La Luzerne rendered a great service to America in having Mr.
Arthur Lee removed from the office of Secretary of Foreign Affairs.
He is prejudiced against France, he is spiteful and his conduct is
equivocal. Mr. Deane is perhaps dissatisfied, but his conduct was
always worthy of his patriotism. He has said of Congress only
what was known

It is afflicting to see the embarrassments that the King's agents
are experiencing in their financial operations in America. The evil
cannot be regulated so long as a regular arrangement is not arrived
at between France and the United States.

He has nothing to prescribe to him on the subject of his wish not
to have to attend to finances. Let him act for the best interests of
the King. ^ p. T5

CANADIAN ARCHIVES

195

SESSIONAL PAPER No. 29b

Philadelphia,
June 30.

Philadelphia,
July 11.

29b— 13i

La Luzerne to Verg-ennes. No. 152. The opponents of the reso-
lutions entrusting to the King the peace negotiations sought to
delay the sending of the instructions, but they did not succeed, for
he has had them watched by a colleagxie.

Another attempt was to make the right of fishing on Newfound-
land an article sine qua non of the commercial treaty with England.
Its authors believe that England will make peace only on condition
of a treaty of commerce being signed on the same day. Now, Mr.
Adams alone is to negotiate this treaty. He would thus be able at
his will to embarrass the work of pacification. But the motion has
been rejected. Its promoter, Massachusetts, was abandoned by
Virginia. The proposition of the latter to make the limits of 1779
an article sine qua non of the treaty of commerce was defeated,
Massachusetts voting against it. They will return to it, but he
will warn the moderates of these intrigues by people who wish for
peace only at their own satisfaction. It is said that the successes
of General Greene are one reason for making no sacrifice.

The American successes in the Carolinas are important, and the
inhabitants of those provinces and of Georgia are enrolling under
the banners of the Congress. The English are having recourse to
corruption. In Maryland and Virginia malcontents have been
arrested who were to take up arms on the arrival of Cornwallis.
The latter, having been checked, is retreating before M. de La
Fayette.

The savages of the English armies, which spare neither friends
nor enemies, make more conversions than the exhortations of Con-
gress.

On the subject of the expedition to Canada — which he had diffi-
culty in averting — General Washington wrote to General Sullivan,
who had thought of making a motion thereon, a letter which has
been intercepted by the English. He does not express himself very
clearly in it, but declares that New York ought to be attacked.
The English are warned. p. 84

M. de Marbois to Vergennes. No. 157. Mr. Thomas McKean has
just been elected President of Congress, in place of Mr. Hunting-
don. He is a delegate from Delaware, and Chief Justice of Penn-
sylvania. He declared that he cannot, in view of his duties, remain
in office beyond November 1st, date of the annual election.

Three delegates have successively refused the office, as well as
General Sullivan, who believes that he can be more useful on the
floor of the bourse than in the chair. Mr. McKean had difficulty in
obtaining the number of votes required. He is a Presbyterian, and
he has almost always made comtmon cause with Massachusetts. He
has already proposed an expedition to Canada. He exaggerated the
duties of France towards the States, but favoured the entrusting of
the negotiations to the King. A strong man and able lawyer, he
jwssesses influence in Pennsylvania, but his relation with President
Eeed causes estrangement.

Ex-President Huntingdon was much attached to the alliance. We
cannot be otherwise than satisfied at his conduct. He has retired to
a farm. He will probably be elected Governor of Connecticut.

The Freeman's Journal publishes an article which is the first
appearance of a party which disapproves the last instructions sent
to the Plenipotentiaries It sustains the strange idea that the treaty

196 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

of peace ought to be ratified, not by Congress, but by the people.
Eleven weekly papers circulate in Philadelphia, and the opposition
announce that they will make use of thef and will produce some
embarrassment for the negotiators by means of the treaty of com-
merce, which Mr. Adams is to conclude by himself, — but it is hoped
that the other ministers will be joined to him.

He sends a pamphlet which tries to prove that Canada, Nova
Scotia and Newfoundland ought to be independent, and that the
powers of Europe should not participate in the fisheries. It has
been read with eagerness in New England.

The delegates from the East base their pretensions to the fisheries
on the principle of the League of Neutrals. The restrictions placed
on the fisheries by some powers, they say, are as unjust as the tyranny
of Great Britain towards certain weak countries, for the nations have
a common right to the fisheries, and the powers of Europe will main-
tain it.

This plan of getting the people oa their side by means of the
public prints is much more dangerous in that there would be great
inconveniences in publicly refuting them. He confines himself to
saying that the King cannot be suspected of wish to aggrandise the
common enemy at their expense, but that it may be, if the peace be
not well founded, that the King will find it impossible to succour
them as effectively as he is now actually doing.

Mr. Morris, the superintendent, has written to Mr. Jay directing
him to seek in Spain a loan of four or five million dollars, payable
at Havana. He says that it is unnecessary that, by constantly draw-
ing on Erance, her resources, employed so usefully, should be dim-
inished. With Spain's money the States will produce three times
more service than she. He adds that, from the way in which the
taxes are being paid, the resources of tlie Thirteen States will be
able to sufiice for the continuation of the war in the future.

Mr. Morris next begged him to write to M. de Montmorin to
induce him to support Mr. Jay's request. M. de Marbois replied
that Mr. Jay, being on the spot, could undertake those solicitations,
but that he might send M. de Montmorin a statement of the finances
of Congress, for his guidance.

Mr. Samuel Adams and his party in the East are making every
efi^ort to cause the miscarriage of Mr. Morris's bank project; the
latter stands by his guns.

They hav communicated to Mr. Franklin his nomination as
negotiator. The storm directed against him seems dissipated, for
the moment.

The English are committing outrages in Carolina. They embarked
some families on vessels, threatening to transport them if they would
not recognise the authority of the King of England. Some old people
and some invalids have submitted. Sixteen vessels are to conduct
to Pennsylvania and Virginia the rest of those voluntary exiles, p. 124
Philadelphia, M. de Marbois to Vergennes. No. 158. M. de Letcombe has just

" ^ arrived.

Congress expects to see Mr. Laurens return without new assistance,
being persuaded that what Mr Franklin obtained is all that the King
could, do for his allies. Confidence has never been greater. It
remains to examine if their needs do not require the continuation
ci pecuniary assistance. Mr. Morris told me that? with some millions

CAXADIAy iRCHITES 197

SESSIONAL PAPER No. 29b

from Spain, he would not have to have recourse to France. But a
letter from Mr. Jay announces that Spain is little disposed to give
the loan requested. If the refusal co-ntinues, it will be indispensible
for us to come again to their succour. However, if it were impossible,
the affairs of the Americans are in such a situation that, while being
quite out of condition to attack, they can nevertheless, maintain an
advantageous defensive. But plentiful supplies will be absolutely
necessary : arms, cloths and ammunition. For it may be that the
vessel. Marquis de la Fayette^ has been captured, which would be an
incalculable loss for this campaign.

Probably Mr. Jay has not communicated to Mr. Franklin the
instructions relative to the Spanish negotiations. He disapproves
of the concessions that Congress was disposed to make to Spain. It
is probably he who is delaying the negotiations. Mr. Carmichael
is better disposed. Mr. Jay's letters besi>eak his regard for France.
One of them, which he encloses, depicts his character, and shows his
esteem for Mr. Franklin. We may conclude that they will act
together in the negotiations. Mr. Adams and Mr. Jay are far from
being of good accord.

Congress has never been better disposed towards Mr. Franklin,
thanks to the declarations of Vergennes. So long as the delegates
are not changed, he will not be recalled.

As for Mr. Adams, in the fear of seeing him embarrass the peace
negotiations, a motion has been made to withdraw from him the
powers of treating alone with England for a commercial treaty.

A delegate observed to Marbois that, by this withdrawal of powers,
the negotiations might be delayed, if England demanded a com-
mercial treaty as a condition sine qua non, for the negotiators could
not conclude it. He replied that the negotiators, having unbounded
latitude, save as regards independence and the treaties, could intro-
duce into the treaty of peace an article relative to the commercial
treaty. Marbois believed that there was less inconvenience in ren-
dering the conclusion of a treaty of commerce difficult than in leav-
ing Mr. Adams alone entrusted with this negotiation.

The motion was carried by eight votes and Mr Adams is no longer
charged with the conclusion of the treaty of commerce. The delegates
from Massachusetts have displayed much anger, and propose to have
it reconsidered.

New York, after an enquiry into his conduct, has approved Mr.
Deane, and directed him to resume his place in Congress.

The party opposed to the last instructions hope, thanks to the
arrival of the delegates from New York, to have them revoked.

Vermont seems to be withdrawing from the common cause and to
be making approaches to England, +he delays of Congress having
alienated the inhabitants. Several counties of ISTew Hampshire have
joined them. The disorder that reigns there will probably compel
the return thither of General Sullivan, whose presence is so neces-
sary in Congress.

The party of those who oppose leaving ihe negotiations to the
King, are preparing their schemes for the revocation of the instruc-
tions. They have communicated to several the secret details of the
affair, as likewise to their States. They say that these will rise in
indignation on learning that their existence and their interests are
sacrificed to an imprudent confidence in the King.

198 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

M. de Marbois has restrained the printer of the most independent
newspai>er from printing an article on this subject, which showed
little respect for the alliance.

A former deleg-ate, a friend of Mr. Jay, much opposed to the
preceding party, seems disposed to write to his friend to take no part
in the negotiations.

Certain delegates fear lest the opposition renders the alliance less
popular, above all if the peace has not all the advantages expected.
Marbois replied that the people would see in the peace what their
leaders might make them see, that the motives of the opposition came
from their interest in continuing the war. It seems impossible, more-
over, that a peace, whatever it be, could satisfy all the States. New
Hampshire favours the alliance. Massachusetts follows Mr. Samuel
Adams. Rhode Island is divided. Connecticut holds to the Eastern
League. Their religious connectiorua closely unite all the Presby-
terian delegates from the North, where their sect dominates. New
York, part of which is invaded, is attached to the King, but if its
capital is retaken it will be intractable on the article regarding the
boundaries.

Presbyterianism unites New Jersey to Massachusetts, but, being
without private interests, it will be disposed to peace, and recently
Dr. Witerpoon [stc] separated from the northern league. Pennsyl-
vania has been favourable to the peace, but she is much excited.
Suspicions are entertained of the President, who will not leave office
peaceably. She will welcome peace eagerly, if it leaves here western
boundaries.

Delaware follows leaders allied with Massachusetts.

Always moderate, Maryland is sincerely attached to the alliance, —
more than other State.

Virginia is obstinate in her claim. One of her delegates, Mr.
Jefferson, who was governor of the State, is a patriot, whose courage
and hatred of England determined, in a large degree. Congress in
declaring independence. His prejudicies for his State and his inflexi-
bility may cause trouble for the negotiators.

In three Sooithern States peace will be received with joy by all
classes should it preserve their boundaries. p. 136

Versaiilea, Vergennes to La Luzerne. No. 20. Received his despatches up to

•^^•^"- No. 146.

The King is pleased at the manner in which M. de La Luzerne
has informed Congress of the subsidy of six millions, which ought to
be convincing as to the intentions of the King.

He has done well to leave the six millions at the disposal of Mr.
Morris since he saw that he would offend Congress by leaving them
at that of Mr. Washington.

La Luzerne has fixed at two millions the purchases to be made for
the army, declining to authorise Mr. Morris to give drafts for the
rest. He has already given them for 500,000 Hvres on M. Le Coul-
teux. As Mr Laurens ought to take away in cash the six millions,
he desires that Mr. Morris abstain from issuing new drafts
for the advances made to Colonel Laurens exceed by several hundred
thousand livres the six millions, and it will be necessary to replace
the goods captured with the vessel. Marquis de la Fayette.

He adds a schedule of the sums which will still be needed by Mr.
Franklin to meet the drafts which are drawn on him with an unpar-

CANADIAN ARCHIYES ICQ

SESSIONAL PAPER No. 29b

alleled inconsiderateness. It shoiilJ be necessary, moreover, not to
abuse the King's generosity.

He will declare to Mr. Huntingdon, for Congress, that it must not
be expected that the King will continue next year the enormous
succours that he has furnished this year. It is time that the
Americans paid their own way. Ha will give them no hopes. The
King does not wish to cut off all help from them, if it be needed,
but he wishes to retain his liberty, and not to let the Americans draw,
at their whim, from his treasury.

He trusts that Congress will refrain .from making any draft sub-
sequent to the 1st of April. Mr. Franklin is warned not to accept
any after that date, for the thing is becoming a nuisance, to the point
that they have shuffled on to us drafts drawn on Mr. Adams, Mr. Jay.
and Mr. Laurens. This shows that Congress is mistaken in counting
on the pecuniary assistance of Spain, and also of Holland. This
power has refused any loan for the United States, which has deter-
mined the King to offer himself as principal borrower.

We do not yet know how to give Virginia and Maryland the objects
which they need. We will send them as soon as possible, reserving
the settlement of terms for a later time.

The confidential transmission to General Washington of the orders
given to M. de Grasse will have put him in a position to calm the
anxious at the non-arrival of our second division.

La Luzerne will not encourage the hope of the sending of new
French troops, the state of affairs not permitting it.

Nothing tends to prove the favourable disposition which the agents
of Congress imagine on the part of the European powers. The
United States ought to regard themselves as isolated and rely mainly
on their own strength.

He has had an interview with Mr. Adams on the subject of the

negotiations of the mediating courts, and this agent appeared satis-
fied at our conduct. We are at the mojnent seeking to remove the
difiiculties in regard to America.

Let him urge Congress to address to its plenipotentiary precise
instructions in regard to the peace, and to give him sufficient latitude
for making sacrifices which might be necessary, except on independ-
ence.

In regard to the status quo, as an armistice, it will be for the
mediators 'to make the overture. It will be well, however, to sound
the members of Congress on these x>oints, and to lead them to mode-
rate views, but without committing himself to any opinion.

We have learned with pleasure the disposition of Congress to
entrust to us its interests in the mediations. We will make use of
-^ this power only at the moment opportune for the good of the negotia-
tions.

He approves the pecuniary assistance given to General Sullivan,
and La Luzerne may continue them to him as long as he sits in
Congress. *

Schedule of amounts furnished by the King or still to be furnished
in the course of this year for the service of the United States of
America.

200 CAXADIAX ARCHITES

4 GEORGE v., A. 1914
To Mr. Franklin.

(1) To pay the drafts that Congress has drawn on Mr.

Franklin 3,000,000

(2) To pay for a part of clothes shipped on the vessel

Marquis de la Fayette . 416,000

(3) Supplement to meet new drafts from long years . . 800,000

Total 4,216.000

To Mr. Laurens.

(1) Taken by him in ready money 2,500,000

(2) Furnished in Holland 1,500,000

N.B. — This sum has been retained by Mr. Franklin to

meet new drafts which he has accepted.

(3) Various aids in arms, ammunition, clothing, etc.,

made by the departments of war and marine, which

have been sent 2,289,109

Total 6,289,109

Amounts to he supplied.

(1) To Mr. Franklin to acquit drafts that he will have

accepted from now to the end of the year, and

being anterior to the 1st of April 2,000,000

(2) Supplement to supplies requested by Colonel Laurens. 397,000

(3) To replace supplies consigned on the Marqms de la

Fayette, by estimate 2,297,392

* sic. Grand Total *15,196,501

To this sum is to added that drawn by Mr. R. Morris on

M. Le Coulteux 500,000

Total 15,696,501

p. 151

Vol. 18. 1781.

Philadelphia, La Luzeme to Vergennes. Xo. 169. The intercepted letters frong

^^^^^ • Lord Germaine to Mr. Clinton have revealed the dangerous situa-

tion in the affairs of Vermont. Congress has passed the following
resolutions : Xew Hampshire and Xew York having made Congress
arbitrator of the difficulties arisen between them and Vermont, and
the latter having declared herself independent and having solicited
her admission into the Confederation, it is resolved that a committee
will be named to confer with Vermont on the terms of her admission
to the Confederation, in the ease that such admission should be
adopted.

Resolved that, in this case, the Confederation will guarantee, out-
side the boundaries of Vermont, the appurtenances of New Hamp-
* shire and of New York, against all demands of the Vermonters.

The deputies from Vermont arrived before their State received the
news of the decisions of Congress. They remained under cover in
Philadelphia, where they were not inactive.

CANADIAN ARCHIVES 20t

SESSIONAL PAPER No. 29b

They have entered into communication with the committee, but^
although Congress favours their admission, they are meeting with
difficulties on the part of New York and of the Southern States.
The latter assert that this will furnish a motive for similar pre-
tensions, that the accession of Vermont will destroy the balance
between the North and the South, and that this State makes extrava-
gant claims in regard to boundaries.

If Vermont is admitted and its limits fixed, with mutual guarantee
of territory, our recognition of this State will have inconveniences
for us, if the recognition of its boundaries is inferred therefrom.

Situated on the frontiers of Canada, Vermont has unreasonable
claims on its extent, and it may be that at the peace it will be neces-
sary to leave a part of it to England.

In case of notification of the admission of Vermont, he will reply
simply that he will report it to the King. p. 11

Au'^us^'23^^' ^^ Luzerne to Vergennes. No. 170. He has received word from

M. de Grasse that he left, with his fleet, on the 3rd of August, for
the Chesapeake. Merchant vessels have confirmed the departure of
his fleet, composed of twenty-three sail. He has on board the regi-
ments of Gabinois, Agenois, and Touraine, 100 dragoons, 100 artil-
lerymen, and some cannon. He brings 1,200,000 livres.

La Luzerne at once sent M. d'Annemours to Virginia to make pre-
parations for supplying provisions.

At the moment no plan has been decided against New York,
although the allied army is making demonstration suitable for per
suading the English that it is the objective of the campaign. As a
result Mr. Clinton recalled Lord Cornwallis, who, after having
embarked his troops, landed them again at York and Gloucester.

This change was due to the arrival at New York of the garrison
from Pensacola, and of 2,000 Germans, without counting 1,500 men
recently arrived from Charlestown. Clinton then decided to let
Cornwallis continue his operations. Intercepted letters show that
Admiral Hood is to come to New York with a squadron of ten or
twelve vessels, to join Mr. Graves, who has seven.

The army, to which he gave information of these details, had just
received word that M. de Grasse had appeared in the Chesapeake
The Generals at once decided to proceed thither with all the French
.troops and two thousand American soldiers. This march will be
expedited by the preparations made. Batteaux have been prepared
on the Delaware and the Chesapeake. They will leave 6,000 men at
West Point and the forts in the neighbourhood, and Washington
goes to the South at the head of the army.

This resolution, unforeseen by the English, depends for its success
on the arrival of M. de Grasse. He has written to him in detail
regarding the state of affairs.

Cornwallis has .5,000 men; La Fayette has two thousand regular
troops and .5,000 to 6,000 militiamen. He will unite his corps to that,
of Washington and de Eochambeau. If the expedition against Corn-
wallis, who, joined by many negroes, is fortifying himself, does not
take too much time, they will attack Charlestown. The English will
not be able to defend themselves there except by evacuating Savan-
nah and Beaufort.

Our fleet appeared superior to that of Admiral Hood. So M. de
Barras, in place of joining M de Grasse, wished to proceed against

202

CANADIAN ARCHIVES

Philadelphia,
August 24.

Versailles,
September 7.

4 GEORGE v., A. 1914

Newfoundland or some other port to the north. But the generals of
the allied army wish him to join M. de Grasse.

The French and American armies live in harmony and the soldiers
maintain perfect discipline. The Legion de. Lauzun has suffered
from desertion. The English have experienced a more considerable
desertion since the proximity of the allied army to their line.

By this manoeHvre the central States are uncovered, but the advan-
tage that the common cause ought to obtain from it outweighs this
inconvenience.

The army administration consents to refer to Mr. Morris the
negotiation of drafts.

The Congressional frigate Trunibull has been taken by the Iris and
brought to IN^ew York. p. 16

La Luzerne to Vergennes. No. 171. He had communicated to a
committee of Congress the King's offer for a treaty of alliance to be
made with Holland. Seeing that it was being neglected, he again
requested a reply. Congress, in consequence, passed the following
resolution on the 16*^^ of August: Kesolved that the plenipotentiary,
Mr. Adams, who had already full power to conclude a treaty with
Holland, receive further powers for concluding a treaty of alliance
between France, the United States, and Holland, which treaty will be
limited to the duration of the present war; and that the plenipoten-
tiary confer with the King's minister at the Hague, and be author-
ised to admit Spain as a contracting party. „

La Luzerne has in no way influenced this resolution, which differs
a little from his communications. It proves that the United States
wish to conclude, without intervention, a treaty with Holland, limit-
ing it to the duration of the war, without being compelled to sustain
the cause of Holland, after the attainment of their own object in the
war. Mr. Adams has further power to conclude a treaty of amity
and commerce. p. 23

Vergennes to La Luzerne. No. 21. Received his despatches up to
No. 150.

The instructions proposed were imperfect, for they put the cause
of the United States into the hands of Mr. Adams. With his char-
acter and his principles, these jwwers would have been dangerous.
So the King approves of the vigour with which La Luzerne has
commented on the instructions of Mr. Adams as they were proposed.
The instructions, as adopted, seemed suificient, the more so because
Mr. Franklin, by his sagacity, will temper the obstinacy of Mr.
Adams.

To calm anxieties on the subject of independence and of the honour
of Congress, entrusted to the hands of the King, La Luzerne will
give assurance that the King, instead of abusing it, will use his
influence on the American agents only for the greater benefit of the
United States, and circumstances alone can forestall him.

As proof of his interest, the King defers subscribing to the pre-
liminaries proposed by the mediating Courts until the admission of
the American Plenipotentiaries be determined in a manner con-
formable to their dignity.

The King will use his authority over the American ministers with
so much the more moderation as all unfavourable stipulations will
infallibly be imputed to him.

CANADIAN ARCHIVES 203

SESSIONAL PAPER No. 29b

Finally the King, who wishes for a spontaneous confidence, will
see without regret Congress give more liberty to its plenipotentiaries,
if it regrets having limited them, but then it is Congress that will
be responsible for the outcome.

It would be premature to discuss the article regarding the bound-
aries, which are subject to the results of the war. Congress has
taken a wise course in not deciding on them. Our intention is to
prolong, as much as we can, the length of the truce, if we are com-
pelled to accept it.

As to the status quo in America, it does not enter at all into our
terms, although advantageous to us personally, in view of our con-
quests; but, for the sake of America, we have opposed it in ooir reply
to the mediators. But that, like the rest, depends upon events.

The Court of London refuses absolutely to treat of the aifairs of
America at Vienna, which postpones mediation.

This conduct shows how necessary it is for the Americans to drive
England to peace by force of arms.

He has always believed that Congress would have repugnance to
subscribing to the proposition of a truce, and that it would arouse
suspicions as to our designs. It was in order to remove these obstacles
that the King had decided to propose to Congress, if there were need
of it, the renewal of the alliance, in case of a war after the truce.
This expedient has not been used, and it will be much more prudent
not to make mention of it, as it is better, in case of necessity, that
the Americans themselves solicit a new alliance-
He has learned with much pleasure that Mr. Adams will not be
sole plenipotentiary. He does not susi>ect his patriotism, but he is
more suited, as he himself admits, for controversy than for con-
ciliation. It is to be desired that Mr. Franklin, whose prudence is
undoubted, should have a preponderating influence over his colleagues.

Messrs. Jay and Jefferson belong to States with extravagant pre-
tensions. The particular good may have more weight with them
than the general.

The nomination of Mr. Laurens has been a surprise, since he is a
prisoner of the English. He does not believe that they will release
him before the peace. He imagines that Mr. Jefferson will not
remove from home for a work from which he would not receive all
the glory.

Congress will feel keenly the loss of the vessel, Le Marquis de la
Fayette, loaded with things necessary for the army. The King wished
very much to replace them as soon as possible. We are going to
supply the needs of Virginia, whose disbursements will be covered
by the loan from Holland, which, it is hoped, is going to be put
through. They will themselves forward the surplus for Congress,
but for hers Virginia ought to send vessels.

He hopes that Colonel Laurens has arrived in America, and as he
was bearer of two millions, it is expected that Mr. Morris will have
limited his drafts to the 500,000 livres drawn on M. Le Coulteux.
Otherwise we have no means of meeting them. Moreover we have
declared to Mr. Franklin that we will not accept drafts drawn after
the 1^' of April. p. 27

Philadelphia, Lg, Luzerne to Vergennes. No. 179. He has received his letters

September 21. * at on

up to JSIo. 20.

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4 GEORGE v., A. 1914

The arrival of M. de Grasse and the success expected made cir-
cumstances opportune for the announcements to be made to Congress.
He asked for a committee and divided his communications into three
groups: negotiations, political aifairs, and finances.

He had nothing more to wish for on the subject of Mr. Adams and
of his instructions, so he did not speak of them.

The committee was composed of five members, and of Mr. Deane,
its president. La Luzerne began with the details regarding the media-
tion proposed and accepted by the two Imperial Courts. Then he
communicated the two questions proposed by the King to the medi-
ators, touching the admission of the American plenipotentiary, and
the form of treaty to be concluded. He added that the King would
not countenance any negotiation before receiving a satisfactory
solution on these points. The committee expressed the liveliest satis-
faction thereat, saying that this conduct could only augment the
confidence of Congress in the King.

La Luzerne told them that England maintained her intention to
treat only after the dissolution of the league between France and her
rebellious subjects, and the predetermination of the dependence of
the colonies. It was known that Mr. Fox's motion aiming at peace
and the recognition of independence had been supported by more
than a third of the House, and it was hoped that the expected suc-
cesses of General Greene and M. de Grasse would cause the triumph
of the peace party.

La Luzerne replied that it was necessary not to rest on the hope of
peace and expectation of success ; that the English unquestionably
would demand the territories occupied. He asked in what condition
were the preparations for the next campaign. The delegates admitted
that they were very backward. La Luzerne continued that it was by
victories, not by persuasion, that we would force the enemy to peace;
that France could answer for her fidelity, but not for her resources;
that a European complication against us was always possible. A
report of his communications will be transmitted to Congress.

He also made the committee understand that the United States
ought not to expect to be strongly supported by other powers than
France.

The president expressed to him the sorrow felt by Congress at the
conduct of Spain. She had made promises, but had not even paid
the drafts drawn on Mr. Jay. Without the sup^port of M. de Mont-
morin, it js the opinion of Congress, Mr. Jay would have been obliged
to quit his mission as a fugitive.

To the remark of La Luzerne that it was necessary to satisfy Spain
on the points in dispute, Mr. Deane replied that everything had been
done, but that the Spanish ministers obstinately refused to make
known their intentions.

Mr. Jay has expressed his gratitude at the kindness of the King of
France, and of Montmorin. Congress expressed its thanks thereat
through the committee. As for the negotiations, La Luzerne is led
to believe that Mr. Jay has not made use of all his powers, and that
, , ,. he has refused the concessions authorised by Congress. p. 39

September 2'?. La Luzerne to Vergennes. No, 182. He has sounded several dele-

gates from the East on the possibility of a dismemberment necessary
for peace, but without any success. They reject this idea with horror,
regarding it as impossible. They were revolted by it, even when the

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SESSIONAL PAPER No. 29b

South was in the hands of the English. To-day when Congress is
triumphing in the provinces and the English army seems to be a
prisoner there, it becomes still more impossible. Moreover, the fero-
cious war that the two parties are making in the South, the murders
and the ravages of the English are carrying hatred of England to the
highest pitch. That proves that a dismemberment could be adopted
only after immense losses and defeats.

La Luzerne occasionally compared the American Revolution with
that of the Low Countries, but the Americans denied the comparison
and combatted it by their successes.

Fort Grisewold, in Connecticut, has been destroyed. The neigh-
bouring town of New London was completely burnt. Grisewold was
gallantly defended by 160 militiamen, who were almost all put to the
sword. Arnold commanded the expedition, which lost 250 men. It
is said that this town is his native place. It had attracted the hatred
of the English by the success of its privateers, almost all of which
succeeded in escaping.

A man who left Quebec at the beginning of the month reported to
him that the English and the Canadians have been employed, this
summer, in cutting wood for masts and construction work, which will
be sent to England on board 70 vessels, that have brought merchan-
dise and flour from Europe. Hitherto he did not believe that England
was feeding the inhabitants of Canada. This traveller has assured
him positively of it. p. 47

Vol. 19. 178L

Philadelphia. La Luzerne to Vergennes. No. 183. The operations of M. de

October 2 , . , ,

Grasse in Virginia will probably confirm the independence of the
United States, and the part taken therein by M. de Rochambeau's
division is glorious for the French army. Here are the details of this
affair.

M. de Grasse had orders to proceed with his fleec to the coasts of
America. He was free to concert his operations with General Wash-
ington and M. de Rochambeau. In April the English were not yet
firmly established in Virginia. Greene was manoeuvering in South
Carolina around the victorious, but ruined, army of Cornwallis.

General Washington pointed to New York and Charlestown as the
two main objectives, wishing, however, that M. de Grasse first appear
at Sandy Hook, in order to blockade the English fleet, join M. Barras,
and maintain the mastery of the sea.

He requested M. de Grasse to bring as many troops as possible for
landing.

Leaving Newport, the French army came and encamped on the
Hudson, near New York. Washington joined them with his forces.
We were making preparations against New York when the Concorde
arrived, bringing the generals a new plan of operations, proposed by
M. de Grasse. The successes of Cornwallis led him to believe that the
point to be succoured was Virginia. Whatever his motive may have
been, his plan could not be better; for New York, with a garrison
of 8,000 soldiers and 4,000 militiamen and good fortifications was
impregnable for an army of 10,000 men.

Adopting M de Grassc's plan, Washington had the allied army
cross the North River, and it was on the Delaware whilst the English
were still anticipating an attack on New York.

I

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4* GEORGE v., A. 1914

A letter from Washington to La Fayette, intercepted by the English,
confirmed them in this idea. Cornwallis thought himself secure, and
all the time the allied army was advancing rapidly. Doubts were
beginning to be felt of the appearance of the French fleet when the
generals learned of its arrival in the Chesapeake.

Cornwallis selected a defensive position (Yorktown). M. de Grasse
landed 3,200 men under M, de St. Simon. M. de La Fayette took the
comjmand and awaited Washington's army.

On the 29*^^ of August Admiral Hood, with fourteen ships, had
joined Admiral Graves> who had eight ships. Four days before, M.
de Barras with his squadron, eight ships, two frigates and twelve
transports, left Newport for Chesapeake Bay to join M. de Grasse.
In the interval Admiral Hood came out of New York with nineteen
ships and proceeded to offer battle to the fleet of France in the Chesa-
peake. M. de Grasse came out on the 5*^*^ of September with twenty-
four ships to join battle. After the combat, the fleets remained near
each other for four days. They passed out of view of each other on
the 10*^\ and M. de Grasse returned to the Chesapeake. Several
English vessels suffered considerably in the action, among others,
the Terrible, the Vengeance, and the Princess.. On his return to the
Bay M. de Grasse found the squadron from Newport there. He thus
found himself at the head of a fleet of thirty-five ships.

Washington had left his army on the 3'''^ of September. With the
greatest speed he reached Virginia, spent a few hours in his home,
which he had not seen for seven years, and arrived at Williamsburg.
Towards the end of September the army was before Yorktown after
a march of 200 leagues, executed with the greatest promptness.

In the interval, Cornwallis had fortified himself. The situation
is favourable. Marshes, abattis, a strong artillery, and 5,O0O to 6,000
men compose his defence.

Mr. Washington and M. de Rochambeau are much pleased with M.
de Grasse. The troops landed have conducted themselves well, as have
those of M. de Rocha/mbeau. The troops have borne in good spirit
a failure of bread during some days. Washington declares himself
very well pleased. The expedition promises to succeed, although the
enemy will defend himself vigorously. p. 12

Philadelphia, La Luzerne to Vergennes. No. 184. Thanks to the success of

General Greene, the inhabitants of Georgia have re-established the
regular government at Augusta and chosen Mr. Nathan Brownson as
governor and four delegates for Congress. The Georgians declare
that they will suffer anything sooner than English domination.
He sendls a copy of a proclamation of the governor. The Georgians
are asking for assistance. During a considerable time they have had
to withdraw into the mountains and woods, attacked at the same
time by the English and the Indians, resisting to the last.

Mr. Howley, their former governor, and member of Congress, is a
man of no weight. He is suspected of shuffling and Georgia has
recalled him.

The English no longer hold anything except Charlestown, New
York, Savannah and Penobscot.

In this state of affairs, it is impossible to speak of a dismember-
ment of the Thirteen States. Successes have so raised the courage
of the Americans that they regret even to have allowed the conclusion
of a truce.

October 3.

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SESSIONAL PAPER No. 29b

The merchants of Boston, urged on by Mr. S. Adams, are begin-
ning again to circulate reports that its existence depends on the
fisheries, that it is essential not to cease from their claims, but to
address representations to Congress.

La Luzerne trusts that he will prevent these ideas from making
progress in Congress and change being made in the last instructions.

He has authorized the comptroller (Mr. Morris) to draw on M. Le
Coulteau for £198,981 13s. 4:d. It is improbable that new requests will
be sent. The States will take more efficacious measures for the
arrangement of their finances. This department is improving every-
day. The assembling of a body of militia is at this moment absorbing
the resources of Pennsylvania and New Jersey, for they have become
alarmed, although it is improbable that Mr. Clinton will advance as
for as Philadelphia.

This panic will cost at least a million, and unless they quickly send
back the militiamen the farming work will suffer. p. 28

October^? Vergennes to La Luzerne. No 22. He has received the despatches

up to No. 160.

He is surprised to see certain American delegates troubling them-
selves so much on the subject of the confidence which ought to be
displayed towards us by their plenipotentiaries. They do not do us
justice. To tranquillise them the only way is to leave Congress the
liberty of restricting or revoking the instructions to the plenipoten-
tiaries. He will make a declaration to this effect to the President of
Congress, to be communicated by him to that body.. He hopes that
this step will make them blush at their distrust.

At the same time he will mention to Mr. M'lvlead [McLean] the
embarrassment to which the American plenipotentiaries would be
exposed if left to themselves. The President will perceive the neces-
sity of leaving them under the direction of an ally who desires their
liberty and well-being.

The members of Congress who wanted to withdraw themselves from
our influence thought America capable of obtaining i)eace for herself
or count on finding opportunities with England or with the mediators.
They delude themselves: the efforts of the Americans up to the
present have been able only to check progress of the English. If we
do not control circumstances they will control us, and with us the
Americans who, in spite of their pretensions, will have to yield in
order to obtain the essential, independence.

They count on our zeal : we are waging war for them. All the
same, in case that the war should be unsuccessful, it is necessary to
impress on them the moral that they will have to yield.

The mediators have transmitted neither the response from London
to their preliminary overtures, nor their own replies to our questions.
At this rate, peace is still far off, save in the event of a decisive
stroke in America.

Mr. Franklin has communicated to us his instructions: they leave
nothing to be desired. We have seen with pleasure the revocation of
the full power of Mr. Adams to make a treaty of commerce with
England, for it was a dangerous thing to have the peace depending
on this point.

The agreement of Massachusetts on the subject of the fisheries
is a false application of the principles of the Association of Neutrals.
They did not wish to render commerce and navigation free over the

208

CANADIAN ARCHIVES

Philadelphia,
October 16.

4 GEORGE v., A. 1914

whole world. That would be to overturn the regulations of all
nations. They wished to guarantee their flag and their commerce
from the tyrannical jurisprudence of England. Their convention
cannot apply to the fisheries.

Spain, needing her resources, has given Mr. Jay no hope of a loan.
Mr. Morris ought not to expect that France will replace the loan
refused by Spain : we are not in a position to supply it, and we have
done enough for the United States this year. As for the loan of ten
millions in Holland, we are almost certain that it will be taken up
immediately.

He encloses a memoir of the advances made to Congress for six
millions, which he is to communicate to Mr. Morris.

It is necessary that Congress authorise Mr. Franklin to sign all
the documents necessary to obligate the United States towards the
King in regard to the loan of ten millions in Holland. The interest
will be four in place of six per cent.

The King approves the conduct of La Luzerne in regard to a
Frenchman who wounded an officer of justice. No assistance is to
be given to any who may be in like situation. p. 35

La Luzerne to Vergennes. No. 187. To promote commerce with
France, he has constantly urged Congress to take measures for pre-
venting commerce with England by way of the neutrals or in contra-
band. Congress has adopted more satisfactory resolutions on this
subject, and even, at his instigation, certain States have passed
special laws in this regard.

It is very difficult to check this commerce: the patriotism of the
Americans does not hold against their old habits and five per cent,
profit. The richest merchants continue to bring English merchandise
from St. Croix and from St. Thomas. Several have even presented
a petition for the restitution of such cargoes by Pennsylvania, request-
ing that this trade be permitted them, or be forbidden equally to the
other States. In addition to this, the prizes captured, the pretended
prizes, the commerce also from Lorient have filled up the store-houses
with English merchandise.

The administration is little clear in its views on this point, and
the establishment of custom houses is so imperfect that Congress
cannot suppress the disorders.

It is occupied at the moment by an ordinance regarding the navi-
gation of neutrals, and to make favour with the Empress of Russia
it adopts the principle of the neutrals, requiring that the property of
the enemy be respected so long as it is protected by the papers of a
neutral power. So English merchandise could come to America with-
out inconvenience and replace ours loaded with heavy insurance
charges. Then the benefit from the neutrality would be to the
English.

In these circumstances he has induced Congress to suspend the
adoption of its resolutions until the Association of Neutrals has
recovered some consistency.

It is also to be desired that it could be established what are the
English goods which have come in as prizes, with the offer of the
co-operation of France to prevent frauds. p. 47

Versailles,
October 18

Vergennes to La Luzerne.
up to No. 164,

No. 24. He has received the despatches

CAXADIAX ARCHITES

209

SESSIONAL PAPER No. 29b

Philadelphia,
October 18.

Although at war with England, Holland will not open communi-
cations with the United States in order not to embarrass the peace
negotiations. However Congress will do well to have an accredited
representative in Holland, one, however, who will receive his direc-
tions from Mr. Franklin, in order to avoid incongruities in the
negotiations.

The members of the English opposition have made advances to
Mr. Adams, who does not speak to us about them. These secret
negotiations are of a character to give defiance to us, which is not
the intention of Congress.

Russia is not opposed to independence, but the Americans would
be in error in believing that she would make the slightest demonstra-
tion in their favour, so long as the war lasts. She will support the
American interests only on the day when they will have proved their
superiority over England. It is, therefore, by their own efforts
that they ought to seek success.

He is surprised to see that the pecuniary assistance of France
has not brought the Americans to develop their resources and to
balance their finances. La Luzerne will announce, therefore, that
the King will be hereafter utterly unable to procure new loans and
to furnish new succours. It is for the Americans, then, to provide
for the expenses of the next campaign. There will remain only a
little, and perhaps nothing, of the Holland loan for the use of the
following year, the advances having absorbed almost everything. It
will be necessary to warn Mr. Morris positively that the drafts that
they might furnish beyond the six millions of the King's free gift,
would run the risk of being protested.

The actual position of America is so satisfactory that the English
must find themselves in great embarrassment. He hopes that the
removal of danger will not bring on inertia, but that they will profit
by it finally to drive out the English.

The mediation of Vienna and of Petersburg remains inactive, and
it will remain so unless in the event of important happenings in the
war. The only real obstacle is the independence of America. Eng-
land will recognize that only if she is reduced to extremities. Let
the Americans understand that well.

He approves of the refusal of La Luzerne to assist the exiled
Carolinians by means of the subsidy. It is granted to assist the
American army and not for works of charity. But the King
approves of his having caused a subscription to be made.

La Luzerne to Vergennes, No. 188. Mr. Adams has informed
Congress of his steps for having himself recognized by Holland as
minister of the United States. They have also received the memoir
which he presented.

Congress has easily perceived the imprudence of this conduct and
the humiliation resulting from the non-response of Holland. It
has proved that Mr. Adams was little suited for the role with which
he is charged. A motion was made for his recall, but his friends
have pleaded excess of zeal and the motion was defeated. How-
ever, he will be again ordered to direct himself by the counsels of
the ambassador of France.

Congress received yesterday the details of a victory by General
Greene on the 8*^ of September. The battle took place sixteen
leagues from Charlestown. The Americans had about 2,100 men

29b— 14

210

CAXADIAN ARCHIVES'

Philadelphia,
October 22.

Philadelphia,
October 27.

4 GEORGE v., A. 1914

and the Eng-lish about 1,800. The continental troops showed the
greatest courage and made use almost solely of the bayonet. Those
of Maryland gave no quarter and shouted to the enemy " Remember
Camden." The American has 500 to 600 killed and wounded. About
600 English were killed and wounded and about 600 were made
prisoners. The English have no longer anything in the south but
Char'estown and Savannah. Greene has been able to make exchanges
for all the American prisoners taken at Charlestown and Camden,
and he still has 1,500 prisoners.

This bloody affair at Eutaw Springs will compel the English to
send detachments from New York to the South. In the opinion of
certain persons it would be necessary to send M. de Grasse against
Charlestown, but Congress is more reasonable.

Since the arrival of M. de Grasse on the coast, confusion and
irresolution reign among the enemy. In an intercepted letter
Clinton wrote to Cornwallis that the whole English fleet will set sail
with 6,000 men on board, and that nothing will be spared to make
a diversion in his favour. The garrison of New York is reduced to
15,000 men.

It does not seem that the fleet has yet set sail.

Washington informs Congress that unless in the event of an un-
foreseen reverse the reduction of Cornwallis will be accomplished
with success. The operation has been conducted with prudence and
harmony and several circumstances have been very favourable.
Three frigates and forty transports blockaded with Cornwallis entered
the Chesapeake only a few days before the arrival of M. de Grasse.
That will be a great inconveniencee for the English who will not be
able so easily to transport their troops from one state to another.

La Luzerne to Vergennes, No. 189. An express has just brought
to the President of Congress the news that Cornwallis surrendered
on the 17th. Without doubt, a frigate will be sent to convey this
important news to the King. It has come by a letter from M. de
Grasse to the Governor of Maryland.

On the 19th the English fleet, comprising 26 ships, 20 fire-ships,
several frigates and 45 transports, left Sandy Hook. The transports
put 5,000 men on board the ships and returned. The fleet sailed for
the south, but we do not believe that it engaged in battle. It went
out in order to show that the Admiral did everything in order to
save the army of Cornwallis.

La Luzerne to Vergennes, No. 190. M. de Rochambeau and M. de
Grasse will send the King the particulars of the capitulation of
Cornwallis. He sends Washington's report to Congress and the
journal of the seige. He will add only some details glorious for
France and useful for understanding the present situation of affairs.

M. the Comte de Grasse has informed him on his arrival that it
was his solicitations that had determined him to bring his forces
into the Chesapeake. For M. de Barras had sent M. de Grasse a
memoir in which La Luzerne set forth the critical situation of Vir-
ginia and Maryland, which decided M. de Grasse to act. Like the
troops of M. de Rochambeau, those of M. de St. Simon, come from
St. Dominique, have distinguished themselves by their discipline
and their courage. The troops have many times demanded to be
led to the assault. The French engineers have constructed the
trench with so much skill that the besiegers have not lost more

CANADIAN ARCHIVES 211

SESSIONAL PAPER No. 29b

people than the beseiged. The artillery and the engineers have ren-
dered infinite services. The allies were in the proportion of three to
one. The enemy included the flower of the English army, which
gave proof of great courage.

Three days before the capitulation a party of artillerymen, not
covered by a patrol, was surprised by the English, who killed twenty
men and took eighteen prisoners. M. de Chastellux repulsed the
attack. Next day Cornwallis began negotiations.

The English have preserved only 300 of the 1,200 horses that they
had. The 8,000 muskets taken will be very useful for the States
which are in need of arms. The troops who are prisoners count about
4,000 English and 1,500 Germans.

When the latter after having piled their arms passed before the
regiment of Deux Fonts, they did not restrain themselves from
embracing their compatriots and felicitating them on tlieir great
success.

The English, coming to lay down their arms, were in a state of
extreme drunl^enness and affected insolent airs, with the exception
of certain officers.

Congress, when the letters from Washington arrived, betook them-
selves to church to give thanks to God. The people appeared there
also; the joy was universal; the city was illuminated. The people
to pvmish the Quakers, who took no part in the festivities, broke the
doors and windows of their houses.

On the next day Congress ordered a display of fireworks. Some,
however, have complained that conditions not sufficiently severe were
imposed on Cornwallis. This is wrong, for they have paid back to
the English all the humiliations of Charlestown.

The supplies sent to M. de Roehambeau have been extremely use-
ful. It will be necessary to continue themi. He will preach to
Congress the necessity of driving the English out completely before
they receive reinforcements.

The English fleet is still at sea, and the Prince William is there,
arrived in time to see the greatest of their disasters.
Philadelphia, La Luzerne to Vergennes, No. 191. Mr. Robert Livingston Inis

been elected secretary to the department of foreign affairs. Jt is
through his hands will pass the communications to be received or to
be sent out by Congress. The latter will be able to confes with I^a
Luzerne, and he himself to ask for committees, when there will be
need. Mr. Livingston will put order into the department. He will
conduct the correspondence with the ministers of Congress in
Europe.

He sends 'a letter to announce his nomination to Vergennes, and
prays La Luzerne to assure him of his attachment to the alliance.
ilis declarations are sincere.

Mr. Livingston has experience and knowledge, but is entirely a
stranger to 'the kind of affairs with which he is charged. He knows
the part th'at La Luzerne has had in his nomination which carried
only the seven votes required.

A careful audi prudent man, he will not let himself be sounded or
influenced by the English. Tie hopes that the minister of war will
be as far removed from the English as Mr. Livingston. With a well
29b— 14i

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CAXADIAX ARCHIVEfi''

Philadelphia,
November 4.

Philadelphia,
November 8.

4 GEORGE v., A. 1914

established administration it will be more easy to follow a systematic
policy than with Congress, which is continually changing.

Mr. Livingston has taken as one of his secretaries M. Duponceau,
a Frenchman who has had to abandon the military service because
of his health.

On the complaints of England the Court of Berlin has disavowed
the mission of M. Darang with Congress. The latter broke with him
long ago. Darang obtained some passports for Prussian vessels, but
no merchants are appearing.

North Carolina has sent an agent to Havana on its commercial
business, but the Governor refused to recognize him, Spain not hav-
ing recognized the independence of the United States. That will
not facilitate the Spanish alliance.

Mr. Livingston declares that he will do his best to have Messrs.
Adams, Franklin and Jay remain in charge of the peace negotia-
tions. Mr. Jefferson has declined his nomination.

Mr. Burke, Governor of North Carolina, hais been captured and
taken to Charlestown.

The English fleet has not yet returned.

La Luzerne to Vergennes, No. 192. Despatch of a letter from Liv-
ingston and of a resolution from Congress offering two cannon to M.
de Grasse. Congress therein expresses its gratitude to the King, and
wishes to erect a monument at Yorkton.

The triumphal colum.n to be erected there will set forth the grati-
tude due to the King, and will testify to a most important historical
event; the French alliance which has assured independence, and the
souvenir of the surrender of 8,000 Englishmen.

So he has wished that this monument be not abandoned to repub-
lican economy and the maladroit American art, and he has engaged
Mr. Livingston to address himself to Mr. Franklin in regard to the
designing and construction of the monument in France.

Twenty-six standards and flags, taken from the enemy, have been
solemnly received by Congress. That day. La Luzerne had chanted a
Te Deum with music in the Catholic chapel. There were present
Congress, the Council and Assembly of Pennsylvania, the different
departments, and a crowd of citizens.

The chaplain of the legation preached a sermon. In the evening
his residence was illuminated and he gave a feast to the citizens.

The garrison of York and Gloucester counted 7,600 soldiers and
1,000 sailors. The besiegers were not two to one. Cornwallis throws
the blame on Clinton. We have taken 75 bronze cannon, 169 of iron,
and ammunition in abundance. There remained provisions for only
fifteen days.

Despatch of a gazette giving particulars of all that has been taken,
The prisoners are on the m.arch towards Maryland and Virginia.

Congress has presented to Washington twenty-four of the enemy's
flags.

La Luzerne to Vergennes, No. 193. The Gazette of New York has
just ppublished a letter from Mr. Deane to Mr. Duer, which is
regarded as authentic.

He sends the letter. It is that of a man furious against France
and his country. It has caused much excitement. The party of the
Messrs. Lee are exulting as well as those who complain of the

CANADIAN ARCHIYES 213

SESSIONAL PAPER No. 29b

influence of France in Congress. They censure the rupture, sup-
ported by us, of all commercial relations with England. They oppose
the idea of prohibiting English commerce with America by way of
the neutral islands. They wish also to impede the convention rela-
tive to the establishment of consuls.

Many believe that Mr. Deane is interested in the trade with Eng-
land, which makes him wish that the interdiction of that commerce
be revoked.

As he is asked if English merchandise is sold in France, he would
like that the laws prohibiting commerce with the enemy be sent to
him.

Happily the assertions of Mr. Deane are false as to cash to be
handed over to General Washington and as to the imputation of
rendering us liiiaster of the American army.

But he has given a blow to credit in prophesying the ruin of those
who accept the drafts of Congress, and just after they had published
an intercepted letter from Mr. Morris directing Mr. Jay to let the
letters of exchange drawn on him be protested. Mr. Duer has made
known to Congress and to La Luzerne all Mr. Deane's letters and he
proposed publishing his own defense, but La Luzerne counselled
him not to push Mr. Deane to extremities, for he possesses import-
tant secrets.

Mr. Livingston will give information to Mr. Franklin of all the
letters of Mr. Deane, who is suspected of deceiving him and of
wishing to have a separate peace concluded and a reconciliation with
England.

Speculations according to Mr. Livingston, have disturbed his
affairs, and perhaps he wishes to save himself some resource on the
side of the English.

Livingston believes that the publication of the letter has been done
for the purpose of sounding the ground, to learn whether he could
be the instrument of reconciliation. The loss of his position and of
his importance drove him to it.

His project of a separate peace or a reconciliation has aroused
general indignation. Mr. Franklin is condemned for having allowed
Mr. I)(iane to speak to him against the alliance and Congress.

The newspapers of New York have published another letter from
Mr. Deane addressed to Mr. Morris. It is more violent than the first
and its authemic-ity is doubted. Others attribute it to Deane and
Doctor Bancrnit. He does not believe it, although their affairs are
in much disorder.

Mr. Livingston believes it, and Dr. Bancroft must be watched.

The Gazette of New York publishes a third letter from Mr. Deane
to Mr. "Wadsworth. No one doubts its authenticity.

These three letters indicate a man very well informed on the
commerce of the Americans, the English and the French, on what
we have done and what we propose doing, and on the point of diiffi-
culty between Spain and Congress in regard to Louisiana.

Mr. Franklin is blamed for having trusted Mr. Deane, who has
always been represented to him as dangerous. The general wish is
that Mr. Deane be kept under surveillance, and his papers exam-
ined. Perhaps la request will be made to France to have him arrested.

214 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

The gazettes of JN'ew York have published alleged letters of Mr,
Deane.
NovembS^g^; ^"^ Luzerne to Vergennes, No. 194. Mr. Morris has trieJ to per-

suade him of the impcssibility, as he was situated, of meeting cur-
icnt expenses without foreign subsidies. La Luzerne assured him
of the impossibility, as we were situated, of continuing pecuniary
assistance to Congress.

Mr. Morris has written him u letter in which he details the reasons
which necessitate Congress to obtain foreign succours, the expenses
are considerable and the people are not accustomed to taxes. In
spending a million for the war he claims that Congress compels the
English to spend four. He adds that the King's advanace to the
Americans will not be lost for us, that the States will be able some
day to repay them and France already receives the fruits of the
American trade.

Mr. Morris has written a letter to the governors, setting forth the
state of the finances, and refuting the opinion that the European
powers 'are favourable to the Americans and prepared to assist them
with money. Spain has refused the alliance; the- League of Neut-
rals has produced nothing. The LTnited States not being able to
borrow among them, could not borrow abroad. In the long run it
has always has been necessary to return to i'rance, which has paid all
cjrafts. There is nothing to be expected from outside, except from
France. He adds to his letter a statement of the sums furnished by
her in 1781. The war has cost 20,000,000 dollars during the year.
The Court has declared that the United States must no longer count
on pecuniary succours. The way to persuade it is for themselves to
make every effort, and he is persuading the States to tax themselves.

La Luzerne replied to Mr. Morris by the letter enclosed. Lie men-
tioned the secret trade carried on with England. It would be well
to make known to Mr. Franklin that the King is displeased at this
commerce, and wishes him to wari> Congress about it, for the Ameri-
cans carry on the triade which pays best, even though it also enriches
the enemy.

Mr. Livingston likewise has pleaded the cause of the subsidy, say-
ing that one cannot ask from the Americans more than is prudent,
but La Luzerne has refused to transmit these demands for subsidies.

No urgent need exists. Of the two millions and a half brought by
Mr. I.iaurens, only a quarter has been expended. Congress has just
fixed at eight million dollars the taxes for next year's services. It is
hoped thus to have twenty-five thousand men on foot. The division
of the taxes among the States has been made quite easily in Congress.
Georgia has asked to contribute its share.

Without the necessity of a subsidy being accepted, it will be useful
and just to have sent to Congress by instalments the rest of the
twenty millions promised. This money produces a real gain, and
Congress, with a loan of a million, does what England can do onlv
with three or four millions. But he sees no danger in the cessation
of subsidies.

The loss of Cornwallis's army is the most disastrous blow that
England has experienced. It gives freedom to three States and
destroys the results of two English campaigns. The resources, army
and finances, of the Americans are increasing, those of the English

CAXADIAy ARCHIVES 215

SESSIONAL PAPER No. 29b

diminishing. If in the face of the success of the allies the English
are not inclined to peace it is because they are in a position to make
some extraordinai-y efforts against America. Then it will be necessary
to assist the Americans either in money or in fleets and troops.

As subsidies are quickly forgotten and little known, and the services
of troops more glorious and better known, would it be better to send
a fleet and an army? So our assistance would not be put in doubt.
Moreover the taking of (Charlestown and of New York are beyond
the power of the actual American forces.

General Washington asked M. de Grasse to assist in the attack on
Wilmington, which has a garrison of 600 men, but the Admiral has
not judged this expedition of sufficient importance to delay him.

He has moreover refused in spite of an opportunity so favourable,
to assist the reduction of Charlestown, because he has engagements
elsewhere with the Spaniards.

La Luzerne requests orders relative to the surplus of the twenty
millions which is to be sent this year to Congress and in the fomi
in which Mr. Morris can use it.

He believes also that it would be useful to have him entrusted with
announcing to Congress the new succours that the King may judge
well to send, in order that refusals may not appear always to come
from him, for he has the reputation already of being unfavourable
to requests.

In the course of the next year, it may be that the forty-two million
hvres to be raised will be received only slowly or incompletely, because
of a bad harvest or a hostile incursion. Then he will have to join
the others in asking assistance. He sends a schedule of the division
of the eight millions of taxes among the States.
Philadelphia, La Luzerne to Vergennes. No. 196. Thanks to the vote of a deputy

November 23. who was carried to the House while very sick, Mr. Muhlenberg has

been elected Speaker of Pennsylvania. The almost equal division of
votes will injure the progress of business, but the party of the patri
cians, more clear sighted but perhaps less patriotic, wishes to have
certain illegal elections re-taken. Lively commotions may result.
In the election of the President of Pennsylvania ihe Council has
ranged itself with the plebeians and Mr. Moore has been elected.
Probably Mr. Bayard could have been chosen if his election as
Councillor had not been contested.

The dissensions in the assembly cause fear that Pennsylvania can-
not develop her resources.

The delegates from Maryland have offered him all the assistance
possible for the admitting our troops andl our fleets iato the whole
extent of their territories and their ports, in order to prove that they
dio not put faith in the rumour of a project that is ascribed to us of
making ourselves masters of some of the Thirteen States. He has
thanked them for this mark of confidence.

The Americans regard as a favour the sojourn of our troops on
their territory in view of the excellence of the discipline and the
promptitude in payments. Wherever they are provisions flow, even
the women and children coming into the camp to make sales.

This is a contrast with the English troops, whose lack of pay
deprives their chiefs of means of repressing license.

Nothing positive was known of the movements of Mr. Clinton. It
is said that the fleet has returned to New York and that Admiral

216

CAXADIAX ABC HIVES

November 24.

Philadelphia,
November 24.

4 GEORGE v., A. 1914

Graves has sailed with nine ships for Jamaica, and Admiral Hood
and the fleet have left Sandy Hook.

The English coming from Canada to the number of 700, by way of
Lake Ontario, have descended the Mohawk River. Colonel Villet has
cut them in pieces. It is hoped to capture almost all of them.

M. de Grasse left the Chesapeake on the 5"' of -November with the
fleet, excepting four vessels left for M. de Eochambeau. This general
has taken up his quarters in Virginia. A part of the American troops
go to the south to reinforce General Greene. The rest return to the
. North River, where Washington is going to resume the command of
the army.

La Luzerne to Vergennes. Opinions on the means of assisting
the Americans effectively.

He takes advantage of a safe opportunity to discuss a very im-
portant object.

Since his arrival in America he has always believed that the send-
ing of money was not the most efficacious means of supporting our
allies.

Naval superiority and an augmentation of the troops seemed to him
benefits more useful and inspiring more gratitude. Even the suc-
cesses of the English have not changed his way of thinking. He has
always opposed the ruinous abuse of letters of exchange and has
never given Congress hope of subsidies.

The success of the mission of Colonel Laurens has caused sus-
picions that La Luzerne was opposed to all sending of money, and that
they would get it by addressing themselves directly to France.

The superintendent himself has declared that the Americans ought
to rely only on their own efforts, Erance having refused, all pecuni-
ary assistance for 1782. But Erench officers have received hopes of
a subsidy, and new requests will be made by Mr. Eranklin and M. de la
Eayette.

It is possible that their reasons preponderate over his arguments;
and that the Erench forces could be better employed elsewhere than
against New York and Charlestown. If this resolution is taken let
it not be as the resiilt of solicitations from Congressional agents, but
let him communicate the measures to Congress, as if they resulted
from his correspondence with Vergennes.

The arrangement proposed is so much more easy that Mr. Morris
has raised business, and that the States can dispense with money for
next year, but we must fulfil exactly what we promised Colonel
Laurens.

La Liizerne to Vergennes. No. 197. General Greene, command-
ing the army in South Carolina continues to press the enemy, who
risk less than hitherto. They will await reinforcements from Eng-
land. The Americans can attack nei'^her New York nor Charles-
town. The winter will pass in observations.

The people are persuaded that the capture of Gornwallis will
bring peace.

When the news arrived at Boston, the merchants drew up a peti-
tion asking that the fisheries be re-established on the same footing
as in the past, being the basis of the commerce of the New England
States. The General Court of Massachusetts having considered this
petition, adopted a resolution asking Congress to insist at the time
of the peace on the re-establishment and free exercise of the fisheries.

CANADIAN ARCHIVES

217

SESSIONAL PAPER No. 29b

Philadelphia,
November 25.

But Congress has not yet taken this resolution into consideration.

La Luzerne has made them see the dangei- of encouraging them-
selves with the hope of an early peace. He has not stamped out the
rtrmour of an alliance between England and Kussia. It is conven-
ient now for no longer hiding from the Americans the dangers that
might threaten them, if the situation became critical in Europe.

Mr. John Temple, suspected in 1778 of being an emissary of Eng-
land at Philadelphiia, has returned to Boston, after a sojourn of four
years in London. He has, presented a justificative memoir. He
appears to be innocent and will be permitted to reside in America,
inasmuch as he has close relations with the opposition in England.

He has put the patriots on guard against this probable emissary,
come to sound the dispositions of the people towards an accommoda-
tion in which we would not participate. He will watch him. Con-
gress, which has no good opinion of him, has not replied to his letter.

Mr. Temple was bearer of a recommendation from Mr. John
Adams, which is extraordinary.

La Luzerne to Vergennes. ISTo. 198. He has communicated to Mr.
Livingston the instructions received and has discussed at length the
question of finances.

Having announced twenty millions to Congress he found himself
enbarrassed by the news that the supplies given to Virginia and
Maryland would be taken from the loan opened in Holland.

This news threw the delegates into alarm. They asked La Luzerne
if it was possible that the King resolved to make at his own will and
without the participation of Congress the application of the sub-
sidies which he got loaned to them. By what right could there be
gilanted to Virginia and to Maryland an extraordinary part of the
money promised to the Thirteen States? La Luzerne replied in
effect that the King, seeing their distress, had believed that he ought
to send supplies to those two States, using the funds in question, but
that he left to Congress the liberty of taking those goods as on its
account. This explanation, which calmed their minds, will be, he
hopes, approved. The arrangement for the supplies has displeased
everybody, even Virginia and Maryland.

He sends Mr. Morris's letter on this rubject ?nd his reply. He has
moreover had a verbal explanation with him and Mr.
Morris is determined not to enter on his accounts the
expenditure which might be made for Virginia and Maryland, unless
on an express resolution of Congress. He has asked for the suspen-
sion of the purchase of further goods, and for the King to take on
his own account those already purchased. After proof of the imprac-
ticability of those suggestions, he has asked that the rest of the
twenty millions, as all loans or subsidies, remain at his disposition,
and that no purchases be made, nor supplies sent in kind. The way
to sustain the rate of exchange, without great loss, says he, is that
our army no longer negotiate drafts, and so the money which he will
procure for Congress by the negotiation of his letters of exchange
will cost less than if it were sent in kind.

He is of opinion that Mr. Morris should be left free to draw for
the surplus of the funds granted.

The cessation of the sending of money in specie to the French
army will bring back the drafts and the depreciation.

218 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

It is time to put in order all accounts with the Americans, unless
we give them gratuitoiisly all that they Itave received. This idea
ought to be changed, whilst they have need of us.

Mr. Livingston and Mr. Morris declare thal#it is impossible to
have an army next campaign, unless with a considerable subsidy,
for the eight millions of imports will not produce five, but he has
replied that the States must not count on any extraordinary assist-
ance.

On the subject of the American ministers in France, Mr. Franklin
leaving written to Mr Adams that it is Congress which henceforth
will support their expenses, Mr. Livingston has asked him to solicit
the assistance of France to enable the American ministers to make
a decent showing.

Congress proposes to reduce the salary of the secretaries of lega-
tion, but to maintain that of the ministers.

M. de la Fayette, bearer of despatches, leaves immediately for
France. He is authorised to arrange with the American ministers
as to the requests to be made to the King. He is charged with look-
ing after the interests of the LTnited States, and the different depart-
ments have received orders to communicate their needs to him.

Congress will entrust M. de la Fayette with a letter expressing its
gratitude to the King for the succours sent, and will mention the
services of this officer.

La Luzerne believes that after a truce of eight to ten years the
population and the wealth of the Americans will hiave received great
accessions, but that the public revenue will not have increased,
bscause of the jealousy of the legislature and the debts to be paid.

The army will be disbanded if the truce is of long duration. At
its expiration, an army will be reorganized, but public spirit will be
much diminished.

It will be quite easy to succeed in having a truce accepted by the
Americans. If England found a way of recovering herself with
some advantage in war, one must count little on the conduct of the
LTnited States.
Philadelphia, La Luzerne to Vergennes. No. 199. The comptroller wrote him

December 3. ^j^^^^. -j^g cannot consider purchases made for any particular State as

to be placed to the 'account of Congress. He also insists strongly
on the necessity of a heavy subsidy for the year 1782.

General Washington is here for a part of the winter. It is to be
feared that he will be induced to support these requests.

The G'azette of New York continues to publish letters, authentic
or false, of Mr. Deane. They contain a mass of secret circumstances;
however he believes to have discovered in them interpolations of the
enemy. The citizens here blame Mr. Deane strongly.

Mr. Livingston sees with pain the publication of the secret and
separate article of the alliance, as also that of the instructions given
to Mr. Jay in regard to the Mississippi. He does not conceive how
Mr. Deane has had knowledge of this.

Mr. Wilson, a former correspondent of Mr. Deane, declares these
letters authentic. Mr. Deane is seeking to render us odious to the
Americans, declaring that we do not keep our engagements and that
our resources are exhausted. He adds that it is necessary to consider
a reconciliation with England, for there is no appearance of obtam-

CANADIAN ARCHIVES

219

SESSIONAL PAPER No. 29b

Philadelphia,
December 6.

Philadelphia,
December 14.

iiig indepeiideuce, which would be dis^advantageous. His letter to
Mr. Benjamin Harrington contains the same reasonings.

Congress is not satisfied with its commercial agents in Holland.
Mr. Livingston has been authorised to conduct these operations by
himself.

It is believed that the Indian, commanded by Mr. Gillon, has been
lost on the coasts of Holland.

Cornwallis is at New York. He has compelled Clinton to print a
letter that he wrote him after the capitulation, throwing- all the
blame on the latter.

La Luzerne to Vergennes. No. 200. Mr. Morris has received from
Mr. Franklin the letters written to him by Vergennes, and he infers
therefrom, in spite of the declarations of La Luzerne, that he has
ten millions in France at his disposal. Finally La Luzerne wrote
him a letter combatting this opinion.

Mr. Samuel Adams is actively employed in urging the States of
the East to demiand from Congress the right of fishing, but General
Sullivan has prevented New Hainpshire from joining therein.

Vermont has refused the offer of admission to Congress because of
the condition of re-annexing to the other States the counties dis-
membered for aggrandising herself. The worst is that she con-
tinues to be aggrandised. The delegates from New York speak of
reducing it by force of arms. Congress will be obliged either to wage
civil war or to see its authority disdained, with an open door to the
English on ' this side.

In the report of Cornwallis to Clinton the former praises the
generosity of the French to the English at the time of the capitula-
tion. This testimony is an honour for the nation. Americans like-
wise find that the French treat the English too well. To which he
replied that they were our enemies, but had not tyrannized over us.

The French and American troops have separated, which is better
during winter quarters. The reunion during the campaign is with-
out inconvenience, for the discipline and occupation give place only
to emulation.

La Luzerne to Vergennes. No. 201. The gazettes of New York
continue to publish new letters from Mr. Deane. They seem to be
indeed from him. If he has sold himself to the English, it is never-
theless an expedient that they have taken too late. These letters
have not produced the sensation expected. The facts have contra-
dicted them. Yet the people read them eagerly. Sj^me delegates
have suggested to him to publish a refutation. Mr. Payne, to whom
he has been authorised to pay a stipend, will be able perhaps to help
by showing the advantages of the alliance, which will be an indirect
refutation.

The armies have taken up their winter qunrters. All is tranquil
everywhere. The legislature of South Carolina has been convoked
for the first time in two years. All the thirteen States are exercis
ing their sovereignty.

General Lesley, commanding at Charlestown, has recalled thither
the posts from North Carolina, which is thus evacuated. He has
thrown lines of fortifications and redoubts around the place.

The Pennsylvania Assembly continues to quarrel on the subject of
the last elections.

220 CANADIAN ARCHIYE8

4 GEORGE v., A. 1914

In Virginia the Governor, Mr, Nelson, a capable and energetic
man, took decisive measures to raise troops, but the general outcry
has compelled him to resign, Mr, Harrison has succeeded him. The
ex-governor is accused of having made sales for the army to his
own profit. The brother of Mr. Arthur Lee had only a quarter of the
votes for Governor. Arthur Lee, who has been reproached with
being under suspicion in France, has been defeated in the election
for delegate to Congress. Mr. Jefferson has been elected.
Versailles, Vergennes to La Luzerne. No. 25. He has received the despatches

December 24. ^^^ ^^ ^^_ -^gg^

Our success in Virginia and the capture of Cornwallis must have
given confidence to the Americans. The States must have appreci-
ated tlie generous relinquishment which the French generals made
to the Americans of the troops and supplies tak-^n at Yorktown.

The taking of Cornwallis ought to give new energy to the Ameri-
cans, if they wish to assure their independence on solid foundations.
It is represented that their entire army does not exceed 4,000 men.
Now England is going to make great efforts to repair the loss of
Cornwallis.

This victory ought to encourage them to redouble their efforts to
bring about peace. Otherwise England will repair her losses. It
would be necessary to take Charlestown and New York. The King
will assist as much as possible and with this aim will make a new
loan of six millions at the rate of 500,000 livres ner month. He
can announce this to Mr. Morris, adding that we will not exceed this
sum. And the American agents ought no longer either to draw or to
accept drafts. Nothing will be paid to Mr. Franklin except at the
orders of Mr. Morris.

The apparent contradiction between the statement of finances sent
in July and that carried by Mr. Laurens is explained by the fact that
different advances were made after his departure.

The drafts from Mr. Morris on Mr. Le Coulteux amounting to
1200 thousand livres will be acquitted and reimbursed from the
Holland loan. The rest of the loan will be at the disposal of Mr.
Morris.

La Luzerne will ask Mr. Morris to send Mr. Franklin full powers
to pass with us the bonds for the sums which we have promised to
the United States.

There is no proof that England wishes to have peace advantageous
to the Americans. He sends him pieces relative to mediation. The
last reply from London is that she is free to do with her colonies as
she may judge proper, but the King will remain faithful to the
alliance.

He would have wished that La Luzerne had abstained from offering
ministerially the intervention of the King for affecting a coalition
between the United States and Holland, for it was an offer for their
advantage. It will be proper not to continue these offers, which are
become useless, because the Dutch appear not to wish to make any
advances to the United States whilst the war lasts.

He is not surprised at the letters of Mr. Deane. He has expressed
the same sentiments in France. His position, alleged wrongs, and
want of. confidence here, are the clauses which dictated his conduct.
He pities Mr. Deane at having misjudged' France and at having

CANADIAN ARCHIVES

221

SESSIONAL PAPER No. 29b

Philadelphia,
December 24.

I'hiladelphia,
December 27.

lacked gratitude. It will be proper only to watch him. It will be
easy to unmask him, if there is need. The King made him an
advance of 12,000 livres, not repaid, when he was in distress.

La Luzerne has done well to rebuke Colonel Laurens for his im-
prudences. If he is ignorant of the usages of courts, he ought not
to be ignorant of good manners. We have forgotten his misdemean-
ours, knowing his zeal for his country.

He has communicated to M. de Castries the despatches relative to
the convention project concerning the consuls. For greater expedi-
tion, it would be well that Congress gave Mr. Franklin power to
terminate this negotiation.

He approves the nomination of M. de Marbois, his chief secretary,
as interim consul replacing Mr. Holker.

He is glad to me that the trouble with Vermont is going to be
settled to the general satisfaction. ^" this State is admitted to the
crnfederation he is to announce that the King will recognise it and
will guarantee its boundaries such as recognised lat the end of the war.

This reply obliges Vermont to arrange their claims with England.

P.S. After the last reverse, the English will perhaps seek to dis-
pose Congress to a separate peace, which seems the best policy to be
followed by England in her exhausted condition. This proposal
mav b'^ tempt-nsr for th? St':ites, tire-I of war. but it is contrary
to their engagements. Defection would be treason. Their ultimate
interests much more than their gratitude, on which we do not count,
are opposed to it. If he should perceive that a sentiment towards
deiection existed in Congress, he ought to warn the Court of it even
by sending special despatch vessels. Let him act so that we may not
be taken as dupes.

LaLuzerne to Vergennes. ISTo. 202. After five weeks of debates
devoted to the investigation of the contested elections, the Assembly
of Pennsylvania has referred the matter to the next session.

The subject of trade with the neutral islands and with England is
being discussed. The merchants of Philadelphia have presented a
petition in favour of the importation of English merchandise, saying
that this importation has never stopped.

Long debates took place which have amounted to nothing. Through
lack of powers and facilities Congress is limited to declaring the
seizure of English goods found on the sea, but it does not hope to get
its recommendations adopted by the States as to laws for the seizure
of the same goods found inland.

The American vessels as well as those of the neutral powers will be
subject to searches and seizures.

In order to avoid possible abuses. Congress wishes that we give
certificates to the vessels which will load in our ports with English
merchandise coming from prizes. Nantes, FOrient and Bordeaux
are the cities especially to be watched.

The Americans show such a preference for English goods, and the
trade of this continent is becoming so important that we ought to do
everything to check the contraband, whatever be the form of our
surveillance.

La Luzerne to Vergennes. No. 203. The y^ar now ending was so
important that he will make a precis of the principal events, accom-
panied by observations.

222 CAyADIAS ARCHIVES

4 GEORGE v., A. 1914

At the beginning the Revolution was sustained by a patriotism
and an enthusiasm that supplied the lack of means. The govern-
mental administration was defective; money had for basis only pub-
lic confidence; the expectation of a short war kept the army on foot,
and the mistakes of the English prevented possible disasters.

Towards the end of 1778, and above all in 1779, the exhaustion of
the body politic, destitute of patriotic force, manifested itself.
Hatred of England remained tlie same, and the people were per-
suaded that there was no danger. The wa^* left indifferent those who
were not suffering from it. The depreciation of currency struck
sensible blows to patriotism; indignation was felt ^at the rapid for-
tunes of individnals entrusted with the administration of financial
affairs and with the subsistence of the army. There was a rush to
speculate on the depreciation of the currency, advantage being taken
of the mistakes of legislation.

The result was a decrease in the army through lack of recruits;
the Northern States, not being threatened, were not acting; those
of the South were inhabited to nearly two-thirds by negro slaves.
The proposal was considered to set them free and arm them, but
the danger of such a measure caused it to be rejected. The English
themselves did not d'are have recourse to it. The Carolinas, little
accustomed to war, were successfully invaded by the enemy. Char-
lestown fell. The English transported the principal inhabitantsi to
Florida, in order the better to reduce the rest.

They established seventeen forts in Carolina and Georgia and
those States appeared conquered. The dwellings of the rebel Caro-
linians were burned and pillaged ; a certain number were killed at
Camden. Finally Carolina and Georgia were no longer held in the
Confederation except by their delegates.

Such was the year 1780, in which the English were victorious
almost everywhere except in Jersey where the Americans defeated a
considerable body of troops.

The year 1781 did not open well: the troops of Pennsylvania, ill
fed, ill clothed, and worse paid, mutinied, but displayed a great
horror of English domination. Congress calmed the sedition, but
the army lost 1,200 men. A simdlar. fermentation among the troops
of Jersey was dissipated by Washington.

Virginia was invaded by Arnold and General Phillips, who were
joined by a number of negroes. But Virginia, the most populous
of the States, has never furnished the army anything but the most
feeble contingent. The real forces of Virginia are in the back settle-
ments, but those inhabitants not being threatened did not think of
taking up arms

In North Carolina the situation was worse: Major Craig, who
was joined by the Scottish inhabitants of the mountains to the
west, ruled the principal part of the country with five hundred sol-
diers. The government of the State was without any vigour.
Lastly, recruits were constantly arriving from Europe for the Eng-
lish army.

One could not hope for improvement with the old system of admin-
istration, but it was extremely difiicult to change tJiose forms, con-
sidered by many as the safe guards of liberty.

CANADIAN ARC HIVES 223

SESSIONAL PAPER No. 29b

The accession of Maryland to the confederation, due to the King's
influence allowed Congress to adopt a better form of administration.

Hitherto Congress had united the legislative and executive
powers, and sometimes even the iudicial. Attempts had often been
made to remedy these inconveniences, but, fearful of losing their
importance, or of alarming the people, many objected.

Congress succeeded first in the cession of the judicial power, and
a tribunal was erected for appeal cases of which the cognizance was
reserved to Congress.

The public disasters next forced the renunciation of the executive
power, and the accession of Maryland furnished an opportunity. By
this accession, the Confederation and Congress became institutions,
no longer provisional, but permanent, with all the rights of sover-
eignty.

Some wished that Congress invest certain of its members with the
executive power, in place of delegating it to permanent ministers,
but they did not succeed. Mr. Morris, a very rich 'merchant, was put
at the head of finances with the title of Superintendent. His nomin-
nation has produced incalculable advantages, replacing disorder
by order, eoonomy and vigour. And public confidence revived.

The department of marine, of slight importance has been pro-
visionally attached to that of Mr. Morris. By the constitution of
American governments, Mr. Morris cannot raise taxes beyond what
the good will of the peoiple determines. Even then it is often difii-
eult to collect them. It is necessary to get the people accustomed to
it, and to create custom-houses and offices of taxation. We can
count on the good administration of Mr. Morris, but the revenues
will not be larger than in the past; so they will be extremely limited.

The department of foreign affairs has been entrusted to Mr.
Livingston. General Lincoln has received that of war,^ but with
more limited powers, so as to leave to Washington the principal
influence.

This distribution of labour facilities business enormously. Pre-
viously committees were charged with these matters. The three
ministers are always dependent on Congress, but with a sufficient
amount of authority.

In the South General Greene succeeded General Gates. Before his
arrival the Americans obtained two successes, King's Mountain and
Cowpens. It was then that Cornwallis advanced as far as the
frontiers of Virgina. Greene, profiting by their fatigue, attacked them
at Guilford. He lost the battle, but it cost Cornwallis so dearly that
he returned to Wilmington, abandoning his wounded and his baggage.
After a slight check at Camden by Rawdon, there was a succession
of victories. Thirteen forts were taken with their garrisons. There
remained to the English in the South only Charlestown, Savannah,
and Wilmington, to-day abandoned. In two months Greene recon^
quered two States which the English had taken a year to reduce.

Greene found few resources among the patriots of the States which
he had reconquered. Recruiting was slow, owing to the lack of money
and ammunition. The entire Army of the South never exceeded
3,000 men; about 1200 Virginians have since joined it. The exist-
ence and the successes of this badly organised army are due only to
the ability of the general. It is not then to the energy of the inhabi-

224 CAXADIAX ARCHIVES

4 GEORGE v., A. 1914

tants of the South that these successes are to be referred. It is the
mistake of the enemy who wished to undertake a distant and definite
expedition in order to announce himself to Congress, disposed to
peace, as possessor of the States invaded.

The project of England was to occupy all the ports commanding
American commerce and to form in the Chesapeake an establishment
as considerable as that of New York. But the good conduct of M.
de la Fayette, the excellent combination of the fleet and the army,
fortunate circumstances and the mistakes of the enemy have removed
this danger.

The loss of the English during the year 1781 can be estimated at
14,000 men. Their forces are reduced by half and those of the
Americans are sufficient to hold them in New York and Charlestown,
and perhaps to compel them to evacuate Savannah, but they could
not obtain possession of the first two places without the assistance
of a fleet and of new French troops. The way to succeed would be to
undertake this expedition as early as the month of June.

If the English were in condition to send fresh troops to the United
States, in sufficient number, they would not find the Americans pre-
pared for a vigourous defense.

The defection of the Americans is not to be feared: their hatred
for England increases, and they are attached to their institutions.

The present position of M. de Eochambeau in Virginia assures
them of the possession of the Chesapeake and covers Virginia. He
occupies a position midway between New York and Charlestown
and can quickly join Washington or Greene.

The Eastern States can by their own forces resist the enemy,
thanks to their population being accustomed to war.

Moreover the position of M. de Eochambeau revives the trade with
France in the Chesapeake, but the flour exported by Pennsylvania
is useful to us only in time of war. Our islands have received a
large amount of it.

On the other hand, the Pennsylvanians have furnished provisions
to the English islands. St. Eustache was at first their port of entry.
The capture of that island put an end to it. To prevent the Danish
islands from taking its place. Congress, at his suggestion, recom-
mended to the States to prevent the importation of English mer-
chandise, but this recommendation was not sufficient. Pennsylvania
alone passed a law on the subject. Several States transported flour
to the neutral islands, from which they brought back English goods.
Pennsylvania merchants also wished to engage in the contraband
trade, but their goods were seized. A party was formed there: the
preference for English ^oods and a good profit overcame hatred
of England. They requested by petition freedom for this trade
with the English colonies. On the contrary Congress, on ^the 4*'*
of October, passed an ordinance for strictly restraining this com-
merce, but its powers are not sufficient to suppress it. The only way
would be to obtain from the States internal laws for the seizure on
land of English merchandise.

The American trade deserves particular attention on our part. We
must outstrip the other nations anJi exclude the English before the
peace. In regard to commerce, we must not wait for any gratitude.
The Americans will trade where the best business oalls them. It is
for us to get possession of their patronage.

CANADIAN ARCHIVES 22b

SESSIONAL PAPER No. 29b

It Avoiild be well for a year or two to decrease iu France the export
duties in order to facilitate the introduction of our merchandise.

The general gratitude of the Americans towards the King- and
France leaves nothing to be desired The assemiblies, the cities, the
clergymen declare it publicly.

However, the party attached to Great Britain continues to be
numerous. They give facilities to English prisoners for making
their escape, they s-^nd information; they assist in capturing cour-
iers. They are tolerated, as the law is insufficient to prove their
treasons. But public opinion has them marked out. Moreover, they
do not hide their sentiments, emboldened by impunity, and the cer-
tainty of being the favourites of England, if she re-establishes her
power.

But the mass of the Americans, above all since the taking- of York,
is convinced of the contrary. Yet these successes in place of arous-
ing- the Americans plunge them into a kind of discouragement. Our
successes are boasted of in order to let the efforts they were disposed
to m.ake be slackened. Congress takes vigorous resolutions, but
they are going to expire in the different legislatures. So in Virginia
they vote a levy of six thousand men, but it all reduces to three or
four hundred poorly equipped.

A regular subsidy, paid from year to year, during the war, would
put Congress in a position to keep on foot a permanent army pro-
portionate to the subsidty. But it would be preferable that this sub-
sidy be granted by Spain, and that France were to lend fleets and
troops.

All the States had adopted constitutions with the exception of
New Hampshire. One has just been proposed to the people: it
excludes Catholics from the government, but is very democratic.
These constitutions are another barrier to the return of English
domination.
Philadelphia, La Luzeme to Vergennes. Xo. 204. The Vermont trouble becomes

December 30. more and more embarrassing. They have seized lands of JNew Hamp-

shire and have thrown into the dungeon the sheriff of that State,
come to exercise h's jurisdiction. If the English assist them, it will
be difficult to reduce them.

This shows the lack of union, and the fragility of these govern-
ments, and the impotence of the confederation. Massachusetts,
Rhode Island and Connecticut are more imited and authority there
is more re.5pected.

The boundaries which touch on Nova Scotia, being poorly defined,
will occasion difficulties at the peace.

New York and Vermont are also in dispute on the subject of
boundaries. But those of New Jersey, Delaware and Maryland are
well defined, as well as those of Pennsylvania. This state is torn by
factions, who plunge the Government into inerait. The patricians,
the plebeians, the constitutionals, the Anti Constitutionals, the mei'-
chanits, the farmers wage an excited warfare. There is also the
struggle between the people of the west and those of the east. These
last, in control of the commerce, seek to impose the taxes on the land
owners. There is the same d|ivision in regard to the levies of troops.
Those of the east wish them to join the continental army, those of
the west demand the protection of their frontiers aeainst the TndiaTis.
They have succeeded and the Pennsylvania contingent to the con-
29b— 15

226 CANADIAN ARCH ITER

4 GEORGE v., A. 1914

tinental army will not exceed 2,400 men, although the population of
the State is 300,000 souls. Washington can do nothing in regard
to it.

In the course of the debate, certain deputies have threatened, in
case of being abandoned, to form a separate state, whose boundaries
they have indicated. The excitement is so great in Pennsylvania
that one ought not to judge of the future state of the Confederation
by its present situation.

The agitation is still greater in Virginia, which remains without
energy. Congress requests of it, as its share for the next campaign,
$1,400,000, too large a sum. The only money there is that of the
French troops. They are going to adopt the expedient of imposing
the taxes on tobacco or on flour. No State has so much abused the
paper money. The continental dollar is there worth 2000 for one,
and a chicken costs a thousand Virginian dollars. A body of troops
there has refused to march through lack of clothes and pay.

Emigration towards the Ohio and the Mississippi is very con-
siderable and weakens Virginia.

The situation in North Carolina is not bright. The Governor
askerD him for arms in exchange for produce, in order to be able to
make some efforts. Otherwise they will be obliged to flee.

Since then the Governor has been taken by a party of malcontents
, and conducted to Charlestown. It would, nevertheless, be well to
send them arms, although they are to be had here. There are suffi-
cient clothes for the troops.

It is ditficult to judge of the dispositions of Carolina and Georgia
in regard to boundaries. Very often the delegations represent special
interests. The delegates of a State uill declare themselves unopposed!
to the restitution of confiscated property, if necessary for peace;
their successors, who have acquired such property, will maintain the
opposite opinion.

Mr. Livingston believes that, on this article, it will be necessary
to yield only at the last extremity, and that, if tliey yield, it will be
impossible of execution. The money from the sales is dissipated, and
80 millions livres tournois would not, perhaps, buy back those pro-
perties. They have passed into many hands. He believes that if
a stipulation is obtained on this point from England, her partisans
will not draw great profit from it.

CANADIASl ARCHIVES

227

SESSIONAL PAPER No. 29b

July 16.

July 17.

July 18.
July 19.

July 20.
Sunday.

July 21.
July 21.

July 22.

July 23.

July 24.
July 2.j.

1788.

July 26.

July 27.
Sunday.

:^

APPENDIX I.

COMPLETION OF THE CORRESPONDENCE AND JOUR-
NALS OF THE RIGHT REVEREND CHARLES AND
JOHN INGLIS, FIRST AND THIRD BISHOPS OF NOVA
SCOTIA. ^^vyvA

"Nova Scotia and New Brunswick, 1Y88."

Went from Halifax to Mr. Faulkner's, 16 miles. Road from Sack-
v:lie to Faulkner s, very indifferent country, thinly settled and little
cultivated.

Proceeded to the Widow Montgomery's, 6 miles, baptized a child
oi a Mr. Robinson; to Commissary Johnson; and to Windsor

Crossed to Falmouth, " a prodigious fine country." " Saw my
Aunt Morrison, &ged 82 years," at John Walker's.

With Messrs. Hammill, Deschamps, Head, Emerson and Tonge
rode over the farms adjoining Windsor. "An amazing quantity of
bay, chiefly red-clover;" yield 3 tons and upwards per acre.

Preached. Church small and crowded.

Left questions re church and acfcidemy, to be answered on return
Would give confirmation then. List of questions is given

Proceeded to Capt. Moore's, in Horton, 17 miles. Road over Hor-
ton Mountain (8 miles) very bad. "We heard a bear growl in one
ol the thickets." Horton a fine settlement. " The Grand Preire is
a vast meadow belonging to it, which contains 2,700 acres mostly
dyked." "^

Proceeded to Col. Burbige's, at Com^viallis, 7 miles. Ford on Corn-
walhs nver dangerous. Church small and unfinished. The settle-
ment populous, but few Church people. Sects numerous, and carried
away by enthusiasts. A regular and popular clergyman would prob-
ably brin^ many to the Church of England.

Left Col. Burbige a copy of questions re A(3ademj, and some re
Church. Proceeded to Mr. Walker's. Road very bad.
Baptized his nephew's daughter.

Set out for Annapolis. Called on Gen. Ruggles and Major Bar-
clay Spent night at Capt. St. Croix, 16 miles. In Granville a house
IS shared by Church members and Dissente-s: recommended obt/ain-
ing the entire house by purchase or selling the half and building a
church.

Proceeded to Annapolis, 16 miles, calling on Messrs. James, Howe
and Morrison. Here, as at Windsor and Cornwallis, things not pre-
pared for confirmation. Church of moderate size, just being finished

Preiached. Mr. Bailey a meek, inoffensive man. Few dissenters-
the inhabitants the most decent and regular he has yet seen • they
smg well. Mr. Barclay embarrassed by a lawsuit about the glebe
therefore did not speak as harshly as had intended re his not attend-
ing the visitation.

29b— 15i

228

VA^ADIAX ARC HI » £.V

178S.
July 28.

July 29.

July 31 (sic).

July 31.

August 1.

August 2.

August 3.
Sunday.

August 4.

August 5.
August 6.

August 7.

August 8.

August 9.

August 10.
Sunday.

4 GEORGE v., A. 1914

Visited Mrs. De Laneey, 7 miles froyi Annapolis, whose mother,
Mrs. Barclay, a friend of his, had lately died. Her husband lately
appointed Chief Justice to the Bahama Islands.

Went to Digiby by sloop. Well received by the inhabitants, Loyal-
ists, many of whom were formerly members of his congregation.
They are poor, and will remain so unless they disperse and settle on
farms. Reproved them for their late dissensions.

Received an affectionate address from the Rector, Churchwardens,
and Vestry. Laid corner stone of new church, Trinity Church.
Embarked for St. John.

Reached St. John at 10 o'clock in the evening.

City of St. John contains upwards of 1,000 houses: scarcely five
years since it was a forest. Recommended Dr. Byles, who had came
from Llalifax by sea. to the Churchwardens and Vestry for their
clergyman. Determined to administer confirmation when returning.

Visited old accpiaintances. The congregation made up of Loyalists,
many of them his former parishioners.

Preiaehed. Vestry agreed to request Dr. Byles to be their mission-
ary. Carpenters are at work on a new church.

Engaged' a boat and two men, at a dollar and a half per day, to go
to Fredericton. Waited till next day, thflt Miss Van Home, sister of
Mrs. Carleton, who had just arrived from New York, might accom-
pany him. Description of the Ealls.

Description of journey up the river. Dined at Elaglar's, 20 miles
from St. John; reached Pugsley's (computed at 37 miles) at night.

Proceeded to ITnderhills, 15 miles from Fredericton, stopping at
William's (40 miles from St. John), and near Loosely's tavern.
Wrote to Mr. Clarke, missionary at Gagetown.

Breakfasted with Mr. Beardsley, 7 miles from Fredericton. Des-
cription of country. Maugerville thickly settled, partly by Loyalists,
partly by people from New England, inclined to enthusiasm and
deemed disaffected to Government. Description of Fredericton.
General Carleton, the Governor, " is extremely beloved by the
inhabitants." A new church building: 72 feet by 52. Cols. Robin-
son and Winslow called. Received courteously by the Governor and
Mrs. Carleton, whom he formerly knew.

Visited Mrs. Robinson, daughter of Mrs. Barclay. The Governor,
Chief Justice Ludlow, Mr. Cook the missionary, and others, called.
Visited Mr. Odell.

Caller! on Governor Carleton. Related the intended settlement of
Dr. Byles at St. John. Discussed the method of placing clergymen
in livings. No legal claim to presentation was yet fixed. The Gov-
ernment shall aim at diffusing the principles of the Church of
England! " because they were friendly to the Constitution and would
incline the people to loyalty." Suggested that the churchwardens and
vestry — always communicants — should choose the clergj^man, the
Bishop institute him, and the Governor issue the mandate for his
induction: thus there would be a twofold check on an improper
choice. Visited Mr. Cook's house and Col. Robinson's intended
residence — across the river, — and Col. Winslow and Chief Justice
Ludllow, up the river.

Preached in a kind of storehouse. Must hereafter have divine
service twice on Sundays, and, whon the church is built, on Wednes-
days, Fridays, and Holidays.

CANADIAN ARCHIVES

229

SESSIONAL PAPER No. 29b

178$
August 11.

August 1 2.

AURUSt 13.

August 14.

August 1.5.
August 16.
August 17.

August IS.
August 19.
August 20.
August 21.

Augu.st 22.

August 23.

Ai;g st 24.
Sunday.

August 25.
August 26.

August 27.
August 28.

Visited Col. Eobinson's place and dined with Mr. Cook.
Visited Col. Allen's, 7 miles up the river. Nearby are the ruins of
a French chapel for the Indians, where they offer devotions frequently,
and bury their dead-
Confirmed 55 persons in the new -church. Baptized a child of
Col. Winslow. " Dined at the Governor's, where I met Lord, Edward
Fitzgerald, an agreeable, genteel young man."

^\o idle or discontented people at Fredericton. Set out for St. John
carrying a letter written by Mr. Odiell at the Governor's order desir-
ing the churchwardens and vestry to recommend a clergyman, who,
if .approved by the Governor, would be presented to the Bishop for
institution. This the mode finally adopted. At Mr. Beardesly's in.
Maugerville met the Rev. Mr. Clarke of Gagetown, who declined
attending the visitation at St. John because of indisposition. Much
disgusted at his inattention. Proceedjed to Mrs. Pugsley's, where had
prayers, which a French family attended.
Proceeded to St. John.

Dr. Byles had returned to Halifax, an opportunity having offered.
Preached and administered the sacrament to 46 communicants.
Hired a boat for Mr, Clarke to attend the visitation, and sent him a
a regular citation.

Various duties performed.

Glebes much neglected. Dined with Judge Bertram.
Visitation held. Confirmed 95 persons.

Represented to Mr. Clarke, who arrived,, the impropriety of not
attending the visitation. Dined with Gen. Bruce.

Wrote to Mr. Odell re institution of Dr. Byles. Wrote also con-
cerning glebes. In some townships no glebes; in others they were
granted in trust to the magistrates, and may be lost. Urged par-
ticularly the reservation of a sufficient glebe in all uninhabited
parishes. Wrote on the same subject to Chief Justice Ludlow;
mentioned the necessity of supporting religion by making adequate
provision for well qualifieil clergymen. Mr. Andrews, a paralytic,
arrived, wishes his son ordained and aijpointed his assistant. Directed
the son to catechise, read prayers, and a sermon, till the society's
pleasure be known. Condition of the church building fit St.
Andrews. Mr. Andrews' mission is 70 miles by 40, containing 7
parishes and 700 families, accessible only by water.

Indisposed.
. Preached.

Sailed to Digby. Offer from Admiral Digby to subscribe £100 and
obtained £50 from friends for Digby church, if built of brick or stone.
Recommended brick.

Went to Sissiboo with Messrs. Viets, Millidge and Bonnell. Part
of road " the worst I ever travelled," stopping during rain storm at
Mr. Reedl's, 5 miles from Sissiboo. Capt. Moody a public benefactor
to the K-ttleirent: he and 38 Loyalist families live on the north side
of Sissiboo river. On the south side, where stands the village of
Edinburgh — 4 -fiir 5 farm houses — are about 17 families. Near Edin-
burgh are several French families and a priest.

The Loyalist, a ship of 250 tons, built by Capt. Moody, newly
launched. Another vessel on the stocks.-
Retumed to Digby.

230

CANADIAN ARCHIVES'

178f
August 29.

Augrust 31.
[Sic]

August 31.
Sunday.

September 1.

September 2.
September 3.

September 4.

September 5.

1792.
March 16.

July.

1788.
Halifax.
October 17.

17S9.
March 10.

April 7.

May 2.

Halifax.
October 15.

Halifax.

November 7.

Halifax.
December 4.

Halifax.

i '-•c m e • 1 ."

Halifax,
Jan. 30.

Halifax,
April 12.

Halifax,
April 12.

Halifax,

May 6.

Halifax,

May 28.

Halifax,
July 19.

1790.

4 GEORGE v., A. 1914

Confirmed 51 persons. The good work of the school teacher, Mr.
Foreman.

Received address from magistrates. Proceeded to Annapolis in a
schooner belonging to Mr. Brudence. The letter having miscarried,
Mr. Bailey liad no notice re confirmation, and had set out for Gran-
ville. Sent to recall him.

Mr. Bailey returned. Confirmed 25 persons : about 45 more pre-
vented for want of notice. The church being finished : £100 required
to complete it, (providing a gallery for the soldiers.

Set out for Cornwallis. Dined with Col. J. DeLancey. At the
house of Capt. St. Croix met several principal inhabitants of Gran-
ville, and discussed the state of religion there. Granville is ten miles
by eight and very populouH. Church people desirous of having a
minister, and Dissenters willing to contribute. Informed them they
must first secure a church, and end the system of sharing a meeting
house with the Dissenters.

Detained at Capt. St. Croix by rain.

Proceeded to Major Bayard's on south side of Annapolis river,
where a bridge is just begun. Report that Gov. Franklin or Gov.
Hamilton is to succeed Gov. Parr. Reached Mr. Walker's.

Went with Mr. Morden to the top of the North Mountain

Proceeded with Col. Burbige to his house at Cornwallis.

Declaration of laccuracy of a copy of a certificate re building of
churches.

Here follow a number of certificates as to the progress of the build-
ing of certain churches, and the amount of the public ^rant which
may therefore be paid.

Church at Shelburne.

Churches at Digby, Manchester, Parrsborough and Preston.

Church at Shelburne. An additional grant I'.i^s been made to it.

Church at Preston.
Church at Manchester.
Church at Parrsborough.

Church in Aylesford.

Church in Shelburne.
iChurch at Digby.

Church at Preston.

Church in Wilmot.

Church in middle district of Granvillo.

Church in Aylesford.

Church at Sissiboo.

Addition to Christ Church in (iranville.

CANADIAN ARCHIVES

231

SESSIONAL PAPER No. 29b

1790.
Halifax,
November 1.

Halifax,
November 4.

1791.
Halifax,
Jan. 15.

Halifax,
July 28.

Granv'lle,
August 24.

Halifax,
Octobar 17.

October 21.

Halifax,

November 8.

Halifax,
December 17.

1792.
Halifax,
March 3.

1793.
Halifax,

March 21.

Halifax,
June 3.

Halifax,
July 12.

Aylesford,
October 21.

1794.
Halifax,
December 24.

1795.
Halifax,
Jan. 13.

Halifax,
June 20.

1798.
r"armor.t.
October 4.

Church in Wilmot.

Church at Aylesford. An additional grant has been r.iade.

Church in the middle district of Granville.

Church in the middle district of Granville.

Church in the lower district of Granville.

Church at Manchester.

Church at Digby.

Church at Aylesford. An additional grant has been made.

Church in Wilmot. An additional grant has been made.

Church in lower district of Granville.

An incomplete certificate regarding the churches in the middle and
lower districts of Granville.
Church at Sissiboo.

Church at Parrsborough : additional grant.

Church in lower district of Granville.
Church at Clements.

Church in Douglas.

Church at Clements.

That the money lalloted for a church at Barrington not having been
called for has been assigned to three other churches.

Order for payment to John McMonagle f'-om fund for finishing
Christ's Church, Windsor.

August
Sunday

1787
12.

August

13.

August

14.

August

15.

August

21.

August

22.

August

25.

" England— ITS T— Nova Scotia— 1790."

" I was consecrated at Lambeth by his Grace the Archbishop of
Canterbury, assisted by the Bishops of Rochester and Chester."

Books and furniture put on the Lion for Halifax.

Waited on the iVrchbishop. Received payment towards expenses
from Treasury. Paid fees for patent and commiission.

Took leave of the Archbishop, who set out for Buckingham.

The Archbishop returned, and attended a Committee of the Council
at the Treasury, where matters relative to the Nova Scotia Episco-
pate were to come under consideration.

Conversiation with the Archbishop. Archbishop Seeker, had he not
been too rigid, would have had bishops appointed for America.

Set out for Gravesend, with his children, Margaret and John, to
go on board tlie Lion.

232

CAXADIAX ARCHIVE.^

August
Sunday.

1787.
20.

August

27.

August

28.

August

29.

August

30, 3

September 1.
September 2.
Sunday.

October
Sunday.

14.

October

15.

October-

16.

October 17.

Ociober 18.

October 27.

October 28.

Sunday.

November 5.

November 8.

March.

[1788.]

4 GEORGE v., A. 1914

Appeai-cince of the conurp^-atio!i at elii'reli. Paw Mr. Pote, Rector
of Milton. Went on board the Lion,

Walked to Windmill Hill.
The Lion ciur.e to the Nore.
Came to the Downs.
Proceeded down the channel.
Took departure from the Lizard.
Read prayers and preached.

At 5 o'clock p.m. made land east of Halifax.

Anchored at Halifax at 12 o'clock at night.

Welcomed by Major Cortlandt and Mr. Wm. Taylor: lodged with
former. Received calls from Dr. Byles, Mr. Weeks and Mr. Houseil.
Waited on Governor Parr, who behaved politely. Wrote to Mr,
Seabury, at Annapolis, for servants and furniture, and to Mr. Cooke,
in New Brunswick. Visited by Mr. Cossit, Missionary in Cape
Breton, on the way to spend the winter with his family in New
Hampshire. Description of conditions in Cape Breton: about 350
families — many Ron:an Catholics, some seceders; the congregation
lukewarm. Urged the necessity of the clergymen residing in their
missions.

Sent letters to England by Mr. Moore. Rented Mr. Wallace's house.
Agreed with Mrs. Philips for board. " Dined with the Governor,
who appears to be an open-hearted, well-meaning, friendly man."

Was informed by Dr. Byles of the circulation among the clerpy of
letters from England inciting disaffection because of their not
choosing the Bishop. Replied that this was the prerogative of the
King, that he himself " was determined, with the blessing of God, to
proceed [in the discharge of his duty], without any regard to the
secret and malignant efforts of any republicans, and that they would
in the cud find themselves in the sit\iation of the viper that was
biting a file."

Waited on Prince William Plenry, who had just returned from
Quebec. "The Prince is rather thin; he is slender, genteel, affable
and sprightly."

Preached for first time in Halifax. Congregation, large and
attentive.

Prince William Henry landed in state. Gave him assurances of
loyalty and attachment to the King, and pleasure at the opportunity
of diffusing similar principles. The Prince informed him that the
Popish Clergy of Canada were very violent and bigoted, and that
measures to check their violence would bo necessary. Promised to do
all possible to meet the Prince's wishes in matters which from his
knowledge of the country he regarded as necessary. Dined with the
Prince and Legislature — " a very good dinner." In the evening a
ball.

Packet from England.

Drew for salary.

Church of Halifax in embarrassed state owing to enmity between
Dr. Byles, Chaplain of the Garrison, and Mr. Weeks, the curate.
Received assurance of the Governor that he had no objection to Dr,
Byles being asked to preach occasionally, as a means of healing

€A XA DIAX ARCHIVES

233

SESSIONAL PAPER No. 29b

17S8.

April 20.
Sunday.

1790.

April 16.

May.

1790.
September 17.

September IS.

September 19.
Sunday.

September 20.
September 21.

September 22.

September 23.

September 24.

September 25.

September 26.

September 27.

the breach; — it had been said that the Governor was offended at a
satire attributed to Byles.

Began two Sunday Schook : one for boys, taught by Mr. Tidmash;
the other for girls, by Mrs. Clarke: 13 boys and 10 girls. Asked to
see the parents in the afternoon, but only three attended. Admon-
ished them not to defeat the work of the schools by bad example.

The Rashleigh arrived, bringing two sets of Church Plate from
the Archbishop of Canterbury for Christ Church, Windsor, N.S., and
Trinity Church, St. John, N.B

Writes down some particulars which may be talked of hereafter i
The Rev. Wm. Nicholson, chaplain to Sir Richard Hughes' flag-ship
Adamant — a great grandson of Dr. Gibson, Bishop of London, which
prejudiced him [Bishop Inglis] in his favour, — was only in
Deacon's Orders, and applied in 1789 to be ordained Priest. Prom-
ised to do so in May, 1790. if he would read certain books, be found
properly prepared, and if all things should turn out well. Nicholson
preached frequently at St. Paul's, but from printed sermons. Some
marks of levity in his conduct. Mr. Money, Archdeacon for exam-
ination,

Set out for Windsor, Aylesford and Granville. Called at Faulk-
ner's, Mr. Johnston's, Mr. Uniacke's, Wood worth's.

Breakfasted at Montagu House. Reached the Academy. Made
arrangements for digging a well (which would fix the site of the
college) and other matters.

Preached. Dined with Mr. Ellis, and reproved him for abusive
language. Mr. Ellis declared he would not attend Newport any more.

With Mr. Van Norden and others fixed the site of the well. Dined
with Judge Deschamps.

Made proposals to Mr. Hall for digging the well. Spoke to Mr.
McMonagle and Mr. Hammill re foundation of chancel. Crossed
ferry and proceeded to Horton with Mr. John WaU^er. At Mr.
Fowler's met Mr. Belcher, who mentioned the turbulent spirit among
a few people at Cornwallis over School Lots, though a large majority
satisfied. Arranged to have Capt. Huston's conveyance of his lot at
Aylesford executed.

Set out again; breakfasted at Mrs. Wi^'oughby's ; reached Mr.
Morden's before dinner. New church at Aylesford to be ready by
10 October, when it will be consecrated. Mr. and Mrs. Morden
importunate to have a schoolmaster appointed.

Wrote to Mr. Wiswall and Mr. Belcher about the consecration.
Major Cortland and his son at Mr. Morden's. Discussed with Mr.
Walker matters connected with his [the Bishop's] property; a
large tract " upwards of 9000 acres." Petition for a road to be opened
to the Bay of Fundy.

Viewed tract of land purchased from Capt. Terry. Mr. Wiswall
called.

Set out for Granville. Breakfasted with Major Bayard^ who is
going to England. Met his own son John, and Mr. and Mrs. Inglis.
Dined at Mr. St. Croix's. State of the work on Christ Church.

Preached. Mr. Inglis preached and catechised in afternoon: 14
children. Peace throughout the mission.

Went to see state of the work on the middle church. Major
]\Iillidge [who surveyed it] showed him the plan of his large tract of
land at Aylesford.

234

CAyADIAX ARCHIVED'

4 GEORGE v., A. 1914

1790. Earned.

September 28. Church Officers chosen for the three districts of Granville. JMr.

September 29. Dodge, formerly a Deacon of Independents, a churchwarden of Christ

Church : " a sensible, religious man, and much more rational in his
ideas and principles than I ejfpected.
September 30. ^^^^ ^^^ Commissioners for building the middle church, Trinity

Church: arranged for certain alterations. Could not get £20 m
Annapolis because of the scarcity of money.
October 1. Major Millidge drew up a petition to the Governor to have Gran-

ville erected into a parish. With Major Millidge, divided his [the
Bishop's] large tract of land into lots.
Octob r 2. Eode up mountain. Dined with Mr. Morrison, and saw Capt.

Thome.
October 3. Preached twice to crowded congregations.

Sunday. Administered sacrament to 21 persons; — among them Mr. Dodge.

Went to Capt. St. Croix's.
October 4. Describes difficulties connected with the erection of a parish: as

there could be only one parish church, the other two churches might
suffer. The preference should be given to Christ Church.
October 5. Set out for Aylesford. Stopped at Mr. Leonard's, Mr. Walker's,

(called on Capt. Ruggles), Mr. Buskirk's, and Mr. Morden's.
October 6. His son and Mr. Franklin set out for Windsor. Further descrip-

tion of his property.
Octob .r 7. Dined at Mr. Wiswall's, and met Major Millidge, who had come

to lay out a road to the Bay of Fundy and make other surveys.
October 8. Adjusted matters with tenants to go on his land. The Court of

Quarter Sessions has approved of the new road, but appointed no
committee therefor. Hangings for pulpit, &c., in St. Mary's Church
arrived.
October 9. With Major Millidge drew up estimate for farm house and barn.

October 10. Consecration of St. Mary's Church. Its dimensions 42 feet by 28.

There were 15 communicants.
October 11. Engaged Mr. Garret Van Buskirk to build a farm house and barn,

and the church fence.
October 12. Hugh and George Morrison, after some objections, agreed to let the

new road go through their land. Final arrangements for the farm
house and harn.
0:tober 13. Further arrangements for the road. Set out for Horton with Miss

Friuiklin. Keceived the executed conveyance of Capt. Huston's land.
Dined at Mr. Peck's — apparently " a thorough yankee."
October 14. Went to Windsor. Description of the newly-dug well. Lodged at

Mr. De Wolfe's.
October 15. Met persons desiring to tender to supply stone for the college.

Their terms too exorbitant: told them so, at length.

Sought an estimate for a supply of brick. Set out for Halifax;
lodged at Woodworth's.
October 16. Proceeded home, stopping at Mr. Johnson's and Faulkner's. Is in

much better health than when setting out.
May 27 28 Memoranda of purchases made for a tenant.

^ . ^ \, ' Michael Paine set out to settle (on the Bishop's property) at

U-tooer 27.

Aylesford.

CAXADIAX ARCHIVES 235

SESSIONAL PAPER No. 29b

" Quebec— 1789."

*• Minutes of my voyage to Quebec and proceedings during that
^^gg time in 1789."

May 12. Embarked on Dido frigate, Capt. Sandys, for Qiuebec.

May 13. Sailed. Other passengers Mr. Binney, Sr., and the Rev. Mr. Jones,

a Roman Catholic. The Hercules reported burnt March 7^\

May 14, 15. Favourable weather.

May 16. Sailed thiough Gut of Canso. Description. At Arichat on Cape

Breton s'de of Chedabucto Bay is a French settlement of 100 families,
with two priests. On Nova Scotia side of the Gut is a Loyalist set-
tlement from Florida, about 30 families.

^^^^ ^'^- Arrived at Charlottetown in the Island of St. John.

'^^y 18- Landed; politely received by Gov. Fanning. The 27th appointed

for public thanksgiving for His Majesty's recovery.

Remained till the SGth. Description of the island. No churches or
school-house. Inhabitants computed to be between .5,000 and 6,000
one-third Roman Catholics — French and Scottish Highlanders. The
Rev. Mr. Desbrisay, rector of Charlotte, a sensible young man, the
onlv eVrgyman of any denomination. Upbraided the churchwardens
and vestry for neglect in building a church. They laid the blame on
the late Lieut.-Governor Patterson, \.ho had misapplied £3000 'allotted
by Government for a church and othet" public buildings.

May 20. Gov. Fanning beiran a subscription for a church, to be paid to Col.

Calbee and Maj. Gray.

May 21. Received an address fi'om the Rector, Churchwardens, and Vestry.

Re [uested that they would forward the church subscriptions. Various
other methods suggested, or agreed upon, for assisting the work.
Capt. Sandys oifered to assist with his carpenters and other men, and
boats.

May 22. Violent gale.

May 23. Returned an Answer to the Address. Both printed in the St. John's

G'azette. Intimated desire to preach, " but absolutely refused to
preach in the Coffee and Ball room, where Mr. Desbrisay usually
officiated; that I might in the most pointed manner show my disap-
probation of the contempt thrown on Divine worship by having it
celebra^^ed in so very improper a place." Mr. Patterson's house fixed
on for service, as largest and most convenient. On the advice of
Governor Fanning, drew up an ofKcial memorial to the Lieut.-Gov-
ernor in Council re church building and assignment of glebes and
school-lands, urging that the King's Instructions be punctually com-
plied with.

May 24. Divine service attended by 300 persons, including 90 from the Dido

Sunday. ^^^ |.|^g garrison, part of the 42nd Regiment. Met Mr. Stuart, the

Chief Justice. He has put away his wife for her criminal relations
with Patterson, the late governor, who has been outlawed for failing
to answer on this charge.

May 25. Went to see Gov. Patterson's farm, where he is said to have laid

out near £.5,000.

May 26. Sailed from Charlottetown.

May 27. Sailing through Northumberland Strait.

May 28. Doubled the West €ape.

^^y 29. Made land near Gaspe and Cape Rosier.

May 30. p,a^ Antieosti and the northern shore.

235

CANADIAN AkCIIITES

4 GEORGE v., A. 1914

1789.

May 31.
Sunday.

June 1.

June 2.

Violent gale. Sick. Held evening service.

June 3.

June 4.
June 5.

June

6.

June

7.

Sund;

ly.

June

8.

June

9.

June

10.

June

11.

June

12.

June

13.

June

14.

Sunday.

June

15.

June 1'

June 18.

Wind continuing- ahead, entered port of " Gaspee."

Visited Mr. O'Hara, principal magistrate of the district — a kind
of separate government in the province of Quebec, of which Capt..
Cox, residing at Carlisle in tlie Bay of Chaleurs, is Lieut. Governor.
O'Hara a sensible, well-informed man; has resided here 24 years^
being the first British ?ettler. Fishing the only industry. JS'o place
of worship at Gaspee. There and at Pierce Island are 400 or 500
souls, " in a state of heathenism : " the majority Papists and
Protestant Dissenters.. Inhabitants of Chaleurs more numerous :
English Fishermen and Acadians who have a priest named Bourgh.
allowed £100 a year from Government. Also a settlement of Indians,
who have a priest.

Went to Douglas Town : about 20 houses, 15 inhabited, most of
them wretched hovels.

Mr. McPherson, a magistrate, resides here.

Went ashore on east side of Gaspe. Went to Mr. Lemesurier's
house; several brothers of this name, natives of Guernsey, are in
the fishing business. " They generally catch from 10.000 to 12,000'
quintals of fish every year, and sometimes bring over 100 fishermen
from Guernsey for the season." Description of the bay. Royal
salute in honour of the King's Birthday.

Sailed for Quebec.

Continued voyage.

Preached and read prayers.

Continued voyage.

Came to anchor off Quebec. The Captain went to wait on Lord
Dorchester , who was in the country, 6 miles away.

Landed: was received by Col. Davis, the clergy, and others,
Waited on Lord Dorchester. Took lodgings at Mr. Frank's at 8
dollars per month

Stormy. Sent letters by Dr. Pearce, going by land to Annapolis.

Found lodgings wet and unfit for occupation.

Dined at Mr. Toosey's, two miles from town.

Services in the Recollet Church by himself, Air. Montmollin, and
ilr. Toosey. This was the first time divine service was solemnized
in Quebec in the afternoon.

Arrangements for obtaining information re church affairs. Dined
with Mr. Houghton at the Mess of the 53rd Regiment.

Col. Caldwell, Mr. Collins, Mr. Dunn, Mr. Alsopp, and Mr. Ogden
met and ex])lained the deplorable state of the Church of England,
having no place of worship except by permission of the owners of
the French Churches. Suggested obtaining the Recollet Church, o)i
making compensation to the three surviving friars. Waited on Lord
Dorchester, who said this was impracticable. Dined with Col. Cald-
well.

A public dinner at Lord Dorchester's and a rout in the evening,
part of the rejoicings for the King's recovery. The Canadian ladies
and gentlemen dressed in the English mode, the only sign, besides
the garrison, of an English city. The Canadians, who are 5 to 1,
" have all the Churches, and are French as much as when they were
conquered." Describes the procession and other pompous ceremonies

CAXADIAX ARCHIVES 237

SESSIONAL PAPER No. 29b

Jun^ 19.

of this, the Octave of Corpus Christi, — " strange perversion of the
pure, simple religion of the humble and meek Jesus."
I'S^- Had conference with Lord Dorchester re religion and literature.

Some warm altercation, ending amicably. Dorchester generous and
liberal, perhaps to excess in making too little distinction between the
jSTational Church and other denominations. He is attached to the
Canadians because of their assistance in defending Quebec; and
favours the Dissenters because the Chief Justice, who is his prime
minister as it were, is a Presbyterian. He disapproves of grant of
Jesuits' Estate to Lord Amherst ,and agrees it should be appropriated
for a University. It amounts to between £1000 and £2000 per annum.
He thinks the Sulpician Estate (consisting of the Island of Montreal
and several seigneuries — £12,000 or £16,000 a year) will not laj^se to
the Crown, as the priests are secular, not regular. L^rged on Lord
Dorchester the need of a decent place of worship in Quebec: the
Recollet Church is used, on suii'erauee, only the the forenoon, and the
bringing in and removal of the church furniture causes confusion;
and the chapel in the Bishop's Palace, rented by the Crown, is too
small, and is used by the Courts of Justice. His Lordship promised
any lot belonging to the King, and any timber that could be spared,
for a new church. He concurred as to need of schools. Glebes and
schools lands are reserved in the new townships to the westward. The
Canadian are as firmly attached to the Church of Rome as ever, and
the Church of England can have no footing till the people are
enlightened, to effect which schools seems the properest method'.

June 20. ' Examined maps of new settlements, Montreal to Bay of " Kente."

The new settlers — Loyalists and disbanded soldiers, — amounted to
upwards of 13,000 in November, 1788. Dr. Baillie, Coadjutor and
Bishop Elect, called : a decent man ; speaks bad English. Dined with
Dr. Mabane; beautiful situation of his and of Gen. Powell's house.

£""^ ^'" Preached. Since the RecoHets, and Lord Dorchester, objected to

the use of their church in the afternoon, directed that afternoon ser-
vice should be in the Bishop's Chapel.

June 22. Reported to gentleman before mentioned the result of his represen-

tation to Lord Dorchester. They decided to ask for the ground
opposite the old prison.

June 23. Examined the proposed site. Mr. Collins (the surveyor) surveyed

it. Mentioned the proposal to Lord Dorchester at dinner in the
country.

Jul' 24. Informed Mr. Montmollin that the Society wished that he should

have a respite, continuing to enjoy his salary: not because of any dis-
approbation of him, but because circumstances demanded an English
clergynvan. Setting out for Montreal, proceeded with Mr. Toosey to
Pointe aux Trembles. Lodged with Mr. Baillie, Cure and Bishop-
Elect for the Roman Catholics, who was very civil and hospitable.
He distinguished himself by his loyalty and was severely wounded at
the invasion of the rebels; had lived some years in Lord Dorchester's
family, and is much respected by Protestants. Had a small, but
neat, collection of books, with several French translations of English
poets.

June 25. Proceeded over 50 miles to Mr. Guillette's on east of River Batis-

can. "The calash uneasy and fatiguing." Describes the country:
like a continuous village, with churches at interval.^, some handsome.
Gives some desr^ription of Mr. Baillie's, and that of Cap Sante.

238

CAXADTAS ARCHirEl^

June 26.
June 27.

Jur.e 28.
Sunday.

June 29.

June 30.

July 1.

July 2.

July 3.

July 4.

July 5.
Sunday,

July 6.
July 7.

4 GEORGE v., A. 1914-

1789. Proceeded to Three Rivers; lodged at Mrs. Morris'. Viewed Recol-

let Church, in hands of Government and going to ruin. Dined at
Mrs. Mellish's.

Dined with Col. Morris. Consulted with Protestant inhabitants re
obtaining and repairing the church. Only 12 families, mostly Pres-
byterians, and only 3 or 4 able to contribute: about 9 other families
from G to 15 miles from town. They are divided and not very hearty.
Decided to petition Lord Dorchester for the use of the church; Mr.
Sills, Deputy Commissary, to certify that Government had no
occasion for it. Exchanged visits with M. St. Onge, Grand Vicar, a
decent respectable man Conversed in Latin. Visited nunnery, where
are 2'8 Ursuline Nuns. Because of distress of the poor, gave 50 loaves
to Mr. St. Onge to be distributed among the Roman Catholic poor,
and 50 to Messrs. Veyssiere, Grant, McPherson and Frazer for the
Protestants. There are 150 popish families.

Services held. Mr. Veyssiere's sermon, and prayers could not be
understood. No better design than the appointment of such clergy-
men could be formed for degrading the Protestant Religion. Have
not had one Canadian convert, and impossible that there should be
any.

Baptized a child for Mr. McPherson. Proceeded. At Mr. Coffin's
saw Col. CaJlbee's child, who speaks no English. Called on Mr. Davi-
son. Near him are 15 Protestant families, chiefly from Scotland.
Promised to recommend them to the care of Mr. Doty at Sorel.
Lodged at Bellaire's.

Proceeded to Keating's at Berth! er. Crossed to Sorel, now William
Henry, and lodged with Mr. Doty. Lot and glebe, and some timber,
given by Lord Dorchester, but poverty of people may prevent finishing
a church. Capt. Smith of the Artillery very civil.

"Went to Berthier; called on Mrs. Cuthbert, whose husband owns a
valuable seigneury. Proceeded with Mr. Doty. Lodgings disagree-
able.

Crossed to Island of Montreal and dined at Mr. Bum's, 9 miles
from Montreal. Met by Mr. De Lisle and 8 or 9 of the principal
gentlemen. Rode to town with Mr. Erobisher, and Wias given the
elegant house of his partner, McTavish, who had gone west, as lodg-
ii?gs.

Many of the principal inhabitants called. Describes the Jesuits^
Church, which Lord Dorchester proposes to give to the Church of
England. Montreal contains 1000 houses; about 1800 Protestants,
scarcely one-half Church people.

Rode out with Maj. Hughes and Mr. Erobisher. Description of the
island. Visited by Mr. MacDonald, M. Velt (the only Jesuit here)
and others of Romish clergy. Had Maj. Hughes inform the Reeolbt
that Mr. De Lisle would want his church in the afternoon : he replied
civilly. He appears to be ill-tempered, and was the cause of a violent
contest among the papists at Miohuhi, which has been carried into
the courts. His Bishop has in part suspended him for this.

Preached to a large and decent congregation. Could scarcely
understand Mr. De Lisle, though he sipeaks better than Mr. Mont-
mollin or Mr. Veyssiere, and is more resipectable.
Rode to top of mountain. Describes view.

Visited Hotel de Dieu: 36 professed nuns and 6 novitiates; 46
patients under their care, which is excellent. There are a nunnery of

CAXADHy ARCHIVES 239

SESSIONAL PAPER No. 29b

1789. Grey Sisters, who care for orphans, and one of Sisters of the Congre-

gation, who instruct female chihlren. Visited the Seminary and saw
the ecclesiastics: among them, Mr. Montgolfier, a venerable old
gentleman of upwards of 80 years, who is much esteemed by the
Protestants. He was formerly a Fi'ench Captain of Horse.

ju y 8. Received address from Protestant inhabitants. General wish for

an assistant to Mr. DeLisle. Suggested that £100 be secured for him.

Ju'y 9- Paid visits. Dined with Sir J. Johnson.

July 10. Conferred with Mr. JJeLisle re aippointment of assistant, which he

wishes. Suggested that he (Mr. DeLisle) should occasionally preach
in. French. Dined with Mr. Walker, an eminent lawyer,

July n. Went with Col. Grey to view the Protestant Militia; upwards of

200 appeared.

July 12. Confirmed about 170 persons, many of them Dissenters. Gave 100

Sunday. loaves of bread to be distributed among the poor by Mr. DeLisle, the

Popish Curate, and some Magistrates. Ten gentlemen engaged for
the payment of £100 a year to an English assistant for Mr. DeLisle.

July 13. Set out for the Cedars. Breakfasted with Mr. Goufroid, Cure of

Point Claire, 18 miles from Montreal: has a small library; showed
a small 72 gun ship he had made, " like those usually hung up in the
popish Churches of Canada." Crossed the Ottawa by ferry to Mr.
Lotbiniere's a seigneur. With him went to the locks on the St.
Lawrence: three locks, well constructed. Mr. Dennis, Deputy Com-
missary, accompanied him to Coteau du Lac, where there is another
lock.

July 14. Breakfasted with Mr. Lotbiniere. This "the most genteel

Canadian family I have yet seen." Returned to the Island of
Montreal. Dined with Mr. Beson, a Sulpician, " one of the most
respectable Clergymen in Canada, and well affected to the English."
He had assembled the militia, who had a feu de joi. Another Sulpi-
cian, M. Boisel, Mr. Goufroid, and another priest, were at dinner.
Proceeded to Mr. Boisel's, and thence to Montreal.

jy]y 15 Set out to La Chine. With Sir J. Johnson visited the Indian

village of Caughnawaga; about 700 Indians there. Visited the mis-
sionary; saw a good picture of Father Laffitau, a former missionary,
who wrote a learned work, Moeurs des Sauvages.

Set out for Quebec in an open boat : accompanied to Sorel by
Dr. Moseley. ;

July 17. Proceeded. Lodged for the night with a Reoret friar named

Louison, priest of the parish of St. Peter's (probably St. Pierre les
Becquets), but spoke only through an interpreter.

July 18. Proceeded to Cap Sante, 10 o'clock. Fearing inability to reach

Quebec, 36 miles distant, as wind was ahead, took post and arrived
at 8 o'clock.

July 19. Mr. Toosey and Mr. Montmollin preached.

Sunday. Moved to Mr. Finlay's house, which he politely offered. Told Mr.

'^"^^ ^^- Finlay he [the Bishop] would appoint Mr. Toosey to oificiate for

the congregation if they approved. Advised opening a subscription
and beginning a church. Gave Lord Dorchester an account of pro-
ceedings at Montreal ; he asked for regulations for schools.

July 21. Communicated sentiments as above to Mr. Alsop.

Sketched regulations for schools. Lord Dorchester signified inten-
tion to give the Jesuits' Church at Montreal, but could not give final

July 16.

July 22.

240

CAXA !)[A\ ARCHIVES"

4 GEORGE v., A. 1914

1789. answer till the Engineer's report re repairs should be received. He

approved of the regulations for schools.

July 23. Received letters from his daughter Margaret and friends at Hali-

fax. Urged on several gentlemen the expediency of building a church,
but success is doubtful.

July 24. Attended to business matters.

July 25. Dined with Lord Dorchester, who is indisposed.

July 2tj. Preached in morning. Heard Mr. Tunstall preach in afternoon.

Sunday.

July 27. Wrote to John Butler and Robert Hamilton at Niagara, asking

questions as to population there, and stating terms on which a clergy-
man would be provided.

July 2i. The spot where Gen. Montgomery fell shown by Capt. Johnston,

who commanded the battery that killed him. Capt. Johnson and
Mr. Purss manufacture Essence of Spruce; saw their works, which
cost £10,000.

Jn 21. Received, from Mr. Whitlock of St. John, N.B., information of a

scandalous report re his (the Bishop's) relations with a common
prostitute, when there last August. Enclosed a deposition that Dr.
Calif had ,urged her to say this. Prays for divine assistance in
clearing his innocence against these evil machinations.

" Ql EBEC— 1789— No. 2."

July 28.

July 29.

July 30.

July 31.

Avgust 1.

August 2,
Sunday.

August 3.

August 4.

Chosen honorary meniiber of the Society for promoting agriculture.
Decision to open a subscription for building a church, and to have
parish officers elected. Misbehaviour of servant. Dined with the
Baron Club.

Went to Fall of Montmorency with Sir Th. Mills, Mr. and Miss
Chandler, and others. The fall is 247 feet. Dined in a house of Sir
Frederick Haldin^and.

Visited Mr. Keith's school : about 410 scholars. Highest class, one
scholar, reads Horace and has begun Homer. The boys performed
tolerably. Was informed by Lord Dorchester that the report of
expense for repair on the Church at Montreal was too great: he would
do only what would save it from ruin. He approved of committing
the Quebec congreg'ation to Mr. Toosey. Dined with Mr. Winslow.

After a disagreeable scene induced Mr. Montmollin to acquiesce in
his supersession. He has been minister here for 21 years: his moral
character pretty fair, but he did not understand church discipline.
or the English language, his mind sordid, manners uncouth, and
address mean and disgusting. Dined with Mr. Ogden. Wrote to
Dr. Lost by the Endyrmon, carrying' 43rd Regiment to England.

Drank of sulphurous spring in St. John's Suburb. Acquainted
Messrs. Montmollin and Toosey, in each other's presence, that Eng-
lish congregation would be committed to latter.

Services held. The Weazle arrived to take him home.

Dined at Sir T. Mills'. Received a letter from Mr. Motz, written
at Lord Dorchester's order, re plan for schools : suggested consulta-
tion with principal inhabitants, and an address to the Governor for
a College.

Messrs. Stuart and Langhorn, who came near 400 miles, and
Messrs. De Li.sle and Doty arrived to attend visitation. Received

CAXADIAX ARCHIVES

241

SESSIONAL PAPER No. 29b

1789.

August 0.

August 6.

Augufct 7.

Augvst ?.

Augi St 9.
Sunday.

August 10.

August 11.

Augu.st 12.

August 13.

August 14.
August 15.

Augu.st 16,
Sunday.

29b— 16

from Lord Dorchester verbal confirmation of his wish to be addressed
b:y the people for a College, tliat he might have proper ground to use
the Jesuits' estate. Chief Justice Smith declined making the report,
a'S Lord Amherst, who claimed that estate, confided in him. Church-
wardens and vestrymen chosen for the first tim.e; £150 subscribed for
a churcli.

Held Visitation with 8 clergymen.

Prepared Injunctions for clergy, and licences for such as were not
licensed.

Confirmed about 130 persons, among them two of Lord Dorchester's
sons, and several Dissenters.

The usual subscriptions and oaths administered. Licenses given
to Messrs. John Stuart, Philip Toosey, John Doty and John Lang-
horn. Injunctions printed. Mr. Stuart, a prudent, sensible, and
exemplaiy clergyman, appointed Commissary "from Point a'u Bodette
to the Western limits of the province." Lord Dorchester approved of
a draft memorial for a College which had been submitted, and stated
that the Jesuits' Church at Montreal would be repaired and granted
to the Protestants.

Administered the Sacrament to about 110 communicants. Con-
firmed 9 persons.

Clergy presented a memorial re college, and an address. An account
of the Visitation to be printed in the Gazette. Conferred with Mr.
De Lisle re 'an English assistant: insisted that the assistant m.ust
be the English preacher, though Mr. De Lisle might preach occasion-
ally. He agreed to pay £20 annually to Mr. Tunstall. Dined with
Mr. Lind, brother-in-law to Mr. De Lisle.

Discussed with several Canadian and English magistrates the plan
for English schools. Lord Dorchester ^approved of proceedings of the
\isitation. It was decided to petition Lord Dorchester for the land
en which a church was to be built (it was found to belong to the
Jesuits), for the Jesuits' Church, and for other vacant lands.

Urged on Mr. Veyssiere the propriety of his makinir nn allowance
for an English assistant. Went to Lorette; about 130 Indians there;
they danced well. Their priest, a Jesuit, Father Jearaux*, seemed a
plain, diligent man.

Wrote to parish officers of Montreal stating agreement between
Messrs. De Lisle and Tunstall, and to those of Three Rivers, that
Lord Dorchester would repair and grant the Eecollet church. The
magistrates held a meeting re schools: the Canadians handed in a
paper declining to act till they had consulted their brethren at Mont-
real and Three Rivers. Told Lord Dorchester " I feared the Can-
adians would prove to be spoiled children: that they seem.ed to con-
sider themselves as a distinct people from the English and wished
to continue ?o. " Would alter the plan to meet their wishes." Dined
with Mr. Aylwin.

Dined with Mr. Finlay at Woodside.

Had a conversation with Mr. Gray, the Attorney General, about
the Jesuit's estate, and building a church. He advised applying to
Government for a church, instead of building one. Visited Messrs.
DeLery, Cugnet, Dechenay, and other Canadians. Dined with Mr.
Taylor.

Preached a farewell sermon. Had warm conversation with Lord
Dorchester re a church. " He said, ' Let the people build a church.'

242

CANADIAN ARCHIVES-

178.0.

August 17.

August 18.

August 19.
August 20, 21.

August 23,
Sjnday.

August 24.

A V gust 25.

August 26.

September 11.
September 12.

September 13,
Sunday.

September 14.

September 15.

September 16.
September 17.

4 GEORGE v., A. 1914

I answered. ' that he might as well tell them to set a ladder against
the moon, when they had not even a place on which to erect a
church." Promised) to return to Quebec " when they procured a
Church."

Gave Mr. Montmollin a certificate that the appointment of Mr.
Toosey was not due to any irregularity in Montmollin's conduct.
Gave Mrs. Morris a certificate of the good character of her husband,
Lieut. Col. Morris, and 5 guineas. Farted from Lord Dorchester with
mutual good wishes. Mr. Gray's memorial and petition to be pre-
sented to him next day. Went on board the Weazle. Anchored above
Crane Island.

Sailed down the river. Saw many white porpoises. Anchored
near Ivamaraska Islands.

Continued voyage.

Sailed 80 leagues each <lay. Saturday evening anchored in Gut
of Canso.

Held serA'ices on shipboard.

Continued voyage.

Continued voyage.

Reached Halifax. Gov. Parr has gone to Sheiburne. Learned that
Mr. Twining, a clergymaai sent by the Society and recommended
for Cornwallis, had been inducted by the Governor without having
institution or license. Mr. Wiswall had been removed to Granville
by the Society. A letter from Archbishop of Canterbury states
that the Society had approved of Mr. Wiswall's request for removal
before the arrival of his (Bishop Ingli&'s) recommendation of Mr.
Inglis for Gmnville; Mr. Twining was to be fixed in some mission
in Nova Scotia, but the Secretary was charged to state that pro-
vision for the Bishop's nephew was to precede, 'i'he Secretary had
not done this, but had warmly recommended Mr. Twining for Corn-
wallig. Mr. Eagleson has relapsed into drunkenness. Pointed out to
Mr. Bulkeley that Mr. Twiuing's induction was precipitate and
illegal. Wrote officially to the Archbishop of Canterbury re pro-
ceedings in Canada, and privately re injury to discipline by cases of
Wiswall and Twining.

Proceeded to Windsor with his son John.

Cited Mr. Eagleson to appear for investigation, and wrote to
Messrs. Barron, Law and Dixon for information on the subject.
Viewed land offered for site of college.

Services. Most of inhabitants and soldiers had to stand out of
doors. Trustees agreed to begin a new church.

Set out for Granville, calling on Mrs. Morrison in Falmouth;
reached Mr. Fowler's in Horton. Met Mr. Twining, decent young
man in appearance, and informed him that his induction was a
nullity.

Proceeded to Mr. Morden's at Aylesford. Mr. Wiswall supposes
he is to be missionary at Wilmot and Aylesford only, not Granville,
and has made formal resigtiatiou of Cornwallis to Governor Parr.
The whole procedure in this business a chain of blunders.

Rode with Mr. Morden and Mr. Walker to the Bay of Fundy.

Called on Mr. Wiswall and informed him that Granville was part
of his mission. He absolutely refused to attend it, used disrespectful
language, and seemed to think that a Bishop had very little to do

CANADIAN ARCHIVES

243

SESSIONAL PAPER No. 29b

17S9.

September 18.

Septe.nbe.- 19.

September 20.

September 21.

Se- tember 22.

Septemb.r 23.

September 24.
Sei.tfimber 25.

Seiten.ber 26.

September 27,
Sunday.

September 28.

September 29.

29b— 16i

with the clergy. Proceeded to Major B*iyard's, and with him to the
A'ictaux sett ement, where are about 15 families who cam.e soon after
the expulsion of the French. Like the other first settlers from New
England, are indolent and indifferent farmers. A furnace and forge
to make iron is being erected, but it seems too distant from the ore.

Called on Gen. Ruggles : he spoke of wheat grown on the South
Mountain, a bushel of which weighed 67^ lbs. Saw Mr. Cropley,
schoolmaster at Wilmot, who has 12 scholars. J. JDunn gave a good
report of the land he (the Bishop) purchased from Capt. Phipps.
Proceeded to Capt. St. Croix. Learned that the people of Granville
were strongly prejudiced against Mr. Wiswall.

Wrote to Mr. Bailey to come to Christ Church, and to Mr. Viets
i-e Admiral Digby's present of £150 to Church of Digby.

Preached in Christ Church, Granville: this formerly a meeting
house, but given up by the Dissenters to the Church of England.
Went to Major Millidges'.

Viewed proposed site of church on Mr. McCormick's land : advised
proceeding with building, for which £91 subscribed. Advised inhabi-
tants opposite Goat Island to build a church. Drew plans.

Set out for Major Barclay's. Mr. Morrison complained of the
people of Coubigat, who had not paid for surveys made by him.
Deacon Dodge, who was principally instrumental in giving up the
meeting house, and many others, expressed dislike of Mr. Wiswall.
The Deacon said the Church people expected to go to heaven for
nothing. Met Squire Ohesley at Capt. St. Croix; they were impor^
tunate for money to finish their church (Christ Church.)

Rode with Mr. Barclay to see the new settlement of Loyalists on
the mountain towards the Bay of Fundy : 25 families, 107 souls, 54
children; all members of Church of England, very industrious and
sober. Mr. Cropley attends here half h\a time. They want a per-
m^anent schoolmaster. Went to Bay of Fundy. Description of a
remarkable rock on the shore, about 500 yards square. Called on
Capt. Ruggles and recommended Mr. Chesley's land for the Church
of Wilmot.

Administered the Sacrament to Mrs. Boyd, aged 87. Arranged
with John McAllister and James Kelly to settle on his land.

Spoke to Mr. Morden about opening a road and about securing a
glebe in Aylesford. Met Governor Parr at Cornwallis. Reached Col.
Burbidge's.

Mr. Twining is liked. The inhabitants want the produce of the
school lands, which are leased in an unsatisfactory manner, divided
among the schoolmasters of tlie township. It should be given to one
only. Recommended that the lands should ibe given to Mr. Fox, the
Society's schoolmaster, who offered to teach twelve children gratis
and reduce fees to others from 52s. to 40s. per annum.

Mr. Twining's neglect in wearing his habit has given offence. Mr.
Graham the Presbyterian minister, offered the use of the meeting
house. Mr. Twining's qualities as a preacher.

Breakfast with Sheriff De Wolf in Horton. Recommended that
schoollands in Ilorton be appropriated to Mr. Fullarton, as those
of Cornwallis to Mr. Fox. Reached Windsor. Letters from Mr.
Eagleson anl Mr. Barron re charges against former.

Wrote t/O Bishf>p White and ^fr. Ellis re obtaining a person to burn
and lay brick for the church and academy.

244

CANADIAN ARCHIVES'

17S9.
Septemb r 30

October 1.

October 2.
October 3.

October 4.
Sunday.

October 5.

October 8.

October 9.

4 GEORGE v., A. 1914

Messrs. Shreve, Twining and Eagleson arrived. An alteration
decided on in the site of the new church.

Enquiry into Mr. Eagleson's case held at Mr. Franklin's: Messrs.
Ellis, Shreve, Twining and Inglis present. It was urged that
humanity should be shown to Mr. Eagleson's family: replied that
this must not be at the expense of the Church of God. Mr. Eagleson
denied the charges of intemperance, except in one instance, and
neglect of duty: alleged ability to vindicate his character. Mr.
Eagleson suspended till the third Wednesday in June, 1790, when he
should produce his defence at Cumberland.

Went with Governor Parr to the forks of the river, to determine
the site of a bridge. Dined with Judge Deschamps.

Visited the Academy with Gov. Parr, Gov. Wentworth and others.
The students acquitted themselves well. Mr. Van Norden disliked
by some because of his Dutch accent, but he is competent. Dined
with Mr. Clarke.

Preached. Stood sponsor to Mr. IngPs' son, Charles.

Proceeded to Halifax, dining with Mr. Johnson on the way.

Oliver Arnold came from Sussex Vale, New Brunswick, where he
receives £25 per annum from the Society for Promoting Christianity
among the Indians, to receive Holy Orders. Deferred action until
he should be better prepared, and until more information should be
received as to conditions in New Brunswick.

Wrote to Lord Hood asking re fund for supplying seamen of the
Navy with books, and as to appointment of a resident Chaplain at
Halifax.

1790.

May 30.
Sunday.

May 31.

June 1.

June 2.

June 3.

June 4.
June 5.

June 6,
Sunday.

June 7.

" No. 1— Nova Scotia.— 1790."

Preached in St. Paul's. Chief Justice Strange, lately arrived from
England attended.

Proceeded to Windsor.

Visited the Academy with Mr. Blowers. Mr. Inglis resigned
Presidency, and Mr. Cochrane was invested. Condition of the new
church building.

Proceeded to Horton, where Quarter Sessions sat. Gave Mr.
Belcher the commission for the rector and churchwardens of St.
John's Church, Cornwallis, to hold the school lands: had much
trouble to rectify the error by which these had got into the hands of
fanatics and improper persons. Proceeded to Mrs. Willoughby's.

Proceeded to Aylesford. Description of St. Mary's Church, which
is nearly completed. Dined at Mr. Buskirk's; learned a lot assigned
to him (the Bishop) was the property of others. Slept at Mr.
Walker's.

Examined his property. Slept at Major Bayard's.

Conferred with Major Bayard and Mr. Ruggles re new church at
Wilmot. Slept at Mr. Buskirk's.

Preached at St. Mary's Church to about 150 people.

Drew up directions for Mr. Inglis in his new mission. Talked with
Mr. Hugh Morrison about purchasing lots from him. Visited land
purchased >from Capt. Terry. Learned from Mr. Twining that Col.
Burbidge was engaged at the giving of the school lands in trust to
the missionary and churchwardens, by which it was intended to

CANADIAN ARCHIVES

245

SESSIONAL PAPER No. 29b

1790.

June 9.

JuMe 10.

June 11.

June 12.

June 13,
Sunday.

Jun3 14.

June 15.

June 16.

June 17.

June 18.

prevent their being perverted, and enable the Society's schoolmaster,
Mr. Fose [sic] to reduce his rates: Col. Eurbidge declared this a
violation of the rights of the people; that if there were ever so many
religions each was entitled to a share of those lots; that he would
support the tenant in a suit if evicted, and would withdraw from and
oppose the Church of England. Mr. Belcher showed release of his
land from Capt. Terry.

Dined with Col. Burbidge, who behaved with kindness and hospi-
tality. No mention of school lands. His behaviour the more extra-
ordinary because the inhabitants in general, except a few fanatical
New Lights, acquiesced in the late measure.

Saw Mr. Huston about his land [which apparently the Bishop
wished to purchase]. Crossed by boat from Comwallis to Parrs-
borough. Met Mr. Shreve, and went to see the new church. Saw
Mrs. Moore (wife of Capt Th. Wm. Moore) at the new house he
built :^ the family in great distress. Mr. Eagleson persists in assert-
ing his innocence and defying his parishioners; he got drunk on
coming to Parrsborough after the scrutiny last year.

Proceed with Mr. Shreve and Mr. Twining to Col. Barron's, 3G
miles. Injured on the road by fall of his horse. Inhabitants of
Amherst have subscribed over £50 for a church.

Crossed ferry at Col. Barron's and proceeded to Amherst and to
Westmorland. Lodged at Col. Law's. Viewed Fort Cumberland.
About 200,000 acres of dil^ed lands in Cumberland and Westmor-
land. All agree that Mr. Eagleson is addicted to intemperance, but
some deny that he neglects his duty.

Services in the Court House: the audience very crowded. Saw
the Eev. James Jones, ordained deacon in 1778, who claimed to have
been curate in Eadnorshire. Mr. Owen had encouraged him to come
to Campo Bello, but would do nothing for him. Cannot do anything
for him, as he is not known to the Society and has brought no testi-
monials.

Cited Mr. Eagleson to appear at the Court House to offer his
defence. Wrote to seven principal inhabitants, all Church people
except Justice Gay — who, however, attends church regularly — and all
friendly to Mr. Eagleson, to attend and give evidence. Judged it
more prudent to request their attendance than to summon them.

Crossed the marsh to Westcoke, where Messrs. Botsford and
Miliidge reside; rode to the middle village. Tantramar is further
north, 6 miles from Westcoke. In Sackviiie township are 75 fami-
lies, several among them Methodists and New Lights.

Attended at the Court House to receive Mr. Eagleson's defence.
He said he had nothing but his own denial. He seemed to pay little
regard to truth or consistency, and his faculties were evidently
impaired by intemperance. Dined with Mr. Chandler: further
reports of Mr. Eagleson's intemperance and untrutlrfulness.

Examined nine witnesses, who confirmed the charge of intemper-
ance, and, most of them, of neglect of duty; also of profane and
improper language when intoxicated. His cross examinations did
him no good.

Wrote to Mr. Eagleson, continuing his suspension and removing
him entirely from the mission. Messrs. Shreve and Twyning agreed
in this. Walked to see an orchard, the only one in these parts. Appli-

246

CANADIAN ARCHIVEi^

1790.

4 GEORGE v., A. 1914

A

June 19.

June 20.

Jme 21.
June 22.
June 23.

June 24.

June 25.

June 26.

June 27,
Sunday.

cations here and at Amherst for a sahiry for schoolmasters,
good school lot at Westmorland, none at Amherst.

Went to Mr. Freeman's. Has reconniiended a union of the inhabi-
tants of Westmorland and Amherst in building a church at Fort
Lawrence, or near a new abbatis thrown across the " Muska-quash.''

Services by himself, Mr. Shrove and Mr. Jones: th.e Court
House crowded. Mr. Black, the Methodist, exhibited to a few people
at night, and used some improper expressions. Sheriff Baker is
become a zealous Methodist, having been terrified by a Mr. ^lan
when in a fit of sickness. The condition of two lots in Amherst, one
for a glebe, the other claimed by the Presbyterians. Advised
imiprovement, and that, if Presbyterians have no legal claim, the
other be assigned for a school. The Society should allow £10 for
two schoolmasters at Westmorland and Amherst.

Went to Col. Barron's.

Proceeded to Patridge Island. Lodged at Mr. Shreve's.

Description of Partridge Island and surrounding country. Went
to Mount Pleasant, the farm of Col. Cole. Keceived a piece of virgin
copper, found at " Cape D'Ore," where there is a rich copper mine.
The inhabitants of Parrsborough require additional aid to finish
their church. Will mention this to Gov. Parr; also remind him t'>
appoint Col. Cole a magistrate, as he had proposed.
' On this, the anniversary of John Baptist, had prayer in a small
garret which is used for a church. Went by boat to Cornwallis.
Slept at Mr. Whedon's. A schooner belonging to Major Crane, com-
manded by Capt. Merrick, is landing casks, &c., at Partridge Island.
Smuggling is carried on in open day, without disguise.

Went to Col. Burbidge. He discussed the school lot: said that by
giving the lot to one denomination, others lost their right; that the
people thought themselves entitled to redress; that it was feared the
lot would hereafter be appropriated to members of the Church; and
much to the same purpose. Eeplied that he should not use words
without ideas; that a lot for a school had been reserved by the Crown,
from which the public liad hitherto derived no benefit; that the
design now was to confer that benefit by having Mr. Fox teach 12
children gratis and lower the tuition to others; that it was his duty
as the first magistrate to suppress seditious language and remove
groundless prejudice; that Church people were above such illiberal
conduct as was imputed. What year of our Lord did it happen that
Dissenters becan-.e fit, and Churchmen unfit, to be trusted with
authority and power? After m.uch altercation, told him the Trus-
tees might give the produce to one or more schoolmasters, as they
saw fit, provided these were licensed by the Governor. Col. Bur-
bidge aprears to be courting favour with the Dissenters, and prob-
ably his faculties are impaired by age. Gave him several hints of
his duty to promote peace and suppress imaginary discontents.

Proceeded to Windsor with Mr. Campbell. On the way saw Mr.
Belcher re land about to be purchased from Capt. Terry.

Rain. Preached to a thin congregation. The new church, named
Christ Churdh by the Archbishop of Canterbury, raised and boarded:
it has cost nearly £400, and is the greatest effort yet made in Nova
Scotia in building churches. Government assistance will be needed
to finish i^.

CAXADIAX ARCHIVES

247

SESSIONAL

1790
June 28.

June 21.1.

June

30.

July

1.

July

22.

July

23.

July

24.

July
Sum

25.
ay.

July 26.

July 27.
July 28.

July 29.

July 30.

July 31.

August 1.
Sunday.

PAPER No. 29b

Description of the new cburch; .several rectifications to be made
in its construction.

Plans for enclosing the college lot.

Keceived information that Capt. Terry has signed the deed for the
1500 acres bought from him in Aylesford; the purchase money, £40,
to be paid to Messrs. William and Lyon at Halifax. Wrote to Mr.
Walker to have it surveyed by Major Millidge. Conferred with Mrs.
Eisset about her son at the Academy, where he might be qualified for
the ministry. The Rev. Mr. Peter's, her agent in England, advised
her to send him to Yale College, or the Seminary at Providence, at
which she was indignant. Dined with Capt. Story at the Port.

Went to view the newly discovered quarry. Came back through
the woods to Emerson's Mill.

Returned to Halifax.

Embarked on the Dido frigate, Capt. Jrfuller, for Shelburne.

Off Liverjiool in the morning. In the evening when off Shelburne
a thick fog set in.

Fog continued.

Fog continued. Held sei-viees. Carried near Cape Sable by a
current.

Entered Shelburne. Mr. Rowland and Mr. Wilkins came on board.
Visited the new church, just finished: 64 feet by 42. Dined with
Capt. Euller; lodged, with Major Skinner.

Much indisposed.

Received address from Mr. Rowland (Dr. Walter is at Boston) and
the churchwardens and vestries of the two parishes. Received the
following information from Dr. Walter's son : Shelburne to Barring-
ton 22 miles, no road; 120 families in Barrington township, of whom
60 reside at the harbour; the people much led away by Methodists
and New Lights; Barrington to Argyle 22 miles, no road; 60 to 70
English families in Argyle township, besides 40 Acadians who are
occasionally visited by a priest; the largest settlement is at Frank-
liTi, on the head of the Tusket river, where are 20 families, chiefly
Loyalists; the Methodists have not been here; Argyle to Yarmouth
10 miles, a tolerable horse road; Yarmouth a flourishing settlement,
from 150 to 200 families, chiefly Dissenters; they have erected a
meeting house, and expect a minister from New England ; they have
been visited by Methodists and New Lights. Number of families
professing the Church of England : at Barrington 6, at Argyle about
20, at Yarmouth about 12; Argyle the most eligible situation for a
clergyman.

Drew up order of consecration of the new church, after the form
drawn up by Convocation in 1712, and printed in Wilkins' Concilia,
Vol. IV.

Consecrated the new church with due solemnity. This the first
church that has been regularly consecrated in British America.
Dined at the British Tavern with the churchwardens and vestry,
Capt. Buller, Col. Whyte, and Mr. Inglis.

Baptized 7 adults and 3 children : one the son of Mr. Rowland,
named Charles Nova Scotia. Dined with Mrs. Humphreys.

Preached to a very large and decent congregation. Administered
the Sacrament to about 70 communicants. Confirmed 284 persons.

243

CAXADIAy ARCHIVES

August
August

4 GEORGE v., A. 1914

T" '0- Eode to Mr. Monspiel's place, 4 miles on Jordan River. Engaged

passage to Halifax on schooner Charlotte, 30 tons. Capt. Jenkins.
3. Rode 4 miles up the Roseway. Dined at Major Skinner's. Re-

ceived from the churchwardens a statement as to population of the
town of Shelbunie: Taxable 605, untaxed families 100; total 3525
souls; taxable families in Shelbume and vicinity professing Church
of England 202, bachelors 50, which may amount to 1202 souls; total
number of children in town of Shelburne 771 ; those attending the
12 schools number 257; the parents of the others ''annot afford to
send them.

Called on Col. Whyte at the Barn'cks. Col. Bluck stated he had
44 black children in his school; total blacks at Birchtown 350, and
in Shelburne township 1,162; many industrious, and all such lived
comfortably; Gov. Parr had promised them clothing, but it had not
been received. Embarked. Uncomifortable berth.

A thick fog. Was excessively sick.

Fog continues. Still sick. By good fortune made the Harbour of
Halifax.

Embarked for Lunenburg on the Tliisbe, Capt. George.

Ill with gout. Almost calm, and little progress.

Reached Lunenburg. Mr. Money came on board.

Went ashore to Capt. Shoals' house. Visited by Mr. Schmisers,
the Lutheran minister, and Mr. Brown, the Calvinist, who said they
and their congregations would come to his sermon. Preached to a
very crowded audience on Confirmation. In the eveninig Mr. Money
catechised 16 children.

Much violent party spirit in Lunenburg, and Mr. Money unpopu-
lar with some. Objections to Mr. Money are warmth of temper and
some unguarded expressions; to the congregation, spirit of party,
expectation of too much subserviency in Mr. Money, and a parsi-
monious disposition.

Had warm altercation with Capt. Shoals about Mr. Money. Shoals
a warm, but very honest, blunt man. Told him if they would accept
advice, matters would be settlcid satisfactorily; the removal of Mr.
Money would endanger the mission, as the Society had received bad
impressions of it. Rode to see the glebe, a valuable tract, and a
couple of miles on the N. W. road, where are many well cultivated
farms.

Confirmed upwards of 30 persons. A Vestry held, at which Mr.
Money said a combination had been formed against him, and called
on the Vestry to charge him, if . they could, with neglect of duty.
IS one of them did so. The charges are not of neglect of duty, but of
want of temper, abusive language, intermeddling in private affairs,
intemperance, and not paying due regard to Sunday.
August 19. Received address from churchwardens and vestry, and returned_an

answer. JJiscussed tbe state of the Church. One of the Vestry,
whose language is French, asked if they could not have a French
schoolmaster. Replied, not from the Society; that he would not con-
sult the interests of his children U", instead of English, the language
of the country, he taught them French, which few understood and
none cared for. This shows their attachment to their language and
customs, strengthened by giving them a French schoolmaster so
long.

August 4.

August 5.

August 6.

August 12.

August 12.

August 14.

August 15.
Sunday.

August 16.

August li

August IS.

CANADIAN ARCHIVES

249

SESSIONAL PAPER No. 29b

1790.
August 20.

August 22.
Sunday.

August 23.

Auiust 24.
August 25.

Augusi 26.

Extremely ill this day, and on 21st. Unable to accept invitation
of Col. Creig'liton to dine. Urged on Mr. Wollenhaupt, the two
Churchwardens, Messrs. Creighton and Kudolf, and Mr. Jassen,
the necessity of repairing the church, securing the payment of Mr.
Money's house rent, and his 15 cords of wood. Much backwardness
on both points with some.

Unable to go to Church.

Wrote to the Vestry, proposing that people make good their
engagement to Mr. Money for fuel, secure the payment of his house
rent (as difficulties arose about the method of collecting, proposed
they should build a parsonage house, to which all might contribute
as they were able), and repair the church (offered 5 guineas to
assist). The vestry promised to do this.

Health better. No conveyance for Halifax.

Had much conversation with Col. Creighton, Messrs. Jassen,
James, and others, re repairs of church.

Embarked and returned to Halifax.

Book for 1791."

1791.

July 28.

July 29.

July 30.

July 31.
Sunday.

August 1.

August 2.

August 3.

August 4.

Set out for Windsor, though scarcely recovered irom a late indis-
position, which is described, " I was twice bled and lost about 24
oz. of blood." Reached Mr. O'Brien's (formerly Johnson's). The
road is being improved.

Kept awake by fleas. Breakfast at Woodworth's. Reached the
Academy. Progress of work on the foundation of the College.

Condition of the College fence, being built by Mr. Rigby. Went
to see the Martlake House, which is being repaired.

Went to Newport with Mr. Cochran: the passage of the River St.
Croix not difficult, Mr. Ellis's representations to the contrary.
Preached in Mrs. Day's barn to about 100 people. The Church of
England has declined and the Methodists gained ground chiefly
through Mr. Ellis's neglect and unclerical behaviour.

Examined the walls of the College building. Conferred with Mr.
Ellis on the state of his mission: his disrespectfiol neglect in not
attending the visitation, or even writing; his abandoning Newport
and Falmouth and neglect of duties at Windsor; his offensive
behaviour; and the necessity of som>thin,'? b?ia'? dau3 speedily.
Assured him that these remarks were based not on the reports of
his enemies but on manifest facts. He hinted at resigning. Went
to see Mr. Van Winkle regarding his baptism.

Breakfasted with Mr. Tonge at Winckworth ; his quarry does not
promise well; description of his house. Description of property at
Winckworth which had been thought of for a bishop's residence.
Proposed to Judge Deschamps that £30 or £40 should be raised for a
clergyman to succeed Mr. Ellis, when he resigned.

Went to Falmouth to visit his Aunt Morrison, now in her 87th
year. Desired Mr. Cochran to officiate at Falmouth and Newport as
often as convenient, since the people were so fond of him.

Held the quarterly examinations of the students at the Academy;
they acquitted themselves tolerably well. After dinner laid one of
the corner-stones of the College in the presence of a great concourse
of people.

250

CAXADIAX ARCHIVES

August

5.

August

G.

August
Sunday.

7.

August

8.

August

9.

August

10.

August

11.

August

12.

August

13.

August

14.

August

15.

4 GEORGE v., A. 1914

1791. Called on the Ciii-^f Justice at Judge Deschamps' and on Mrs.

Dight at Mrs. Franklin's. Proceeded to Fowler's at Horton and
thence to Iledman's.

Proceeded — stopping at Major Cortland's and Mr. Buskirk's — to
Clarmont, Condition of his property there.

Preached at Aylesford to about 60 j^eople. Mr. Wiswall very feeble,
lie talked of giving up Alyesford, and was told he must give up the
whole mission then. An enthusiastic sect of Anabaptists, called JNew
Lights, are very active here.

Examined his propeity at Clarmont. Description if it, and of tiie
condition of the improvements which are being made by Messrs.
Buskirk and Ivelley.

Business relations with his tenants and other affairs concerning
his property.

Further business matters of similar character.

Examined the new road on his property. Description of the con-
dition of the lots of the following tenants: John McAllister, Robert
VVetherby, John AlcAuley, Ezra Brown.

Dined with Mr. Wiswall : saw Mr. J. Ruggles and wife.

Further arrangements for the improvement of his property.
Settled matters with the tenants to their satisfaction. Signed a
lease to Moses Davis.

Held services at the church at Wilmot for first time.

Further arrangements for improvements on his property. Went
to see St. Mai-y's Church; the reports of its bad condition seemed
groundless, though some defects have api)€^red.
August 16. Visited tenants whose lots he had not yet seen. Describes those

of Sam Brown (a negro), Robinson, and Moses Davis. His son John
has arrived from Windsor.
August 17. Business settlement with Mr. Walker. Arrangements for plowing

on his property. Received a letter from the Rev. Mr. Cochran that
he preached in Newport on the 14*'^ and administered the Sacrament
to 25 communicants.
August 18. Further arrangements for improvements on his property at Clare-

mont.
August 19. Set out for Granville, going to Mr. St. Croix and to Mr. Inglis.

This mission much infested with Methodists and -New Light teachers.
A woman of bad character, Sarah Bencraft. prophesied that George
Morrison, who had left the ISTew Lights, would be carried off by the
Devil last Monday.
August 20. Called on Capt. Howe and Mr. John Morrison.

August 21. Consecrated Christ Church before the largest concourse of joeople

ever known here. Mr. Bailey of Annapolis assisted. Mr. Inglis

inducted by the churchwardens, Joshua St. Croix and Josiah Dodge.

Augu.st 22. Met Capt. and Mrs. Howe, and Mr. Dodge. Latter seems a regular

church member.

Wrote to Mr. Cooke re ecclesiastical matters. Wrote informing
Mr. Arnold of £25 donation from the Society.
August 23. Mr. Chesley called re a controversy about church pews. Mr.

Turner and Major Millidge called. At Capt. Howe's saw the Hes-
sian fly in chrysalis state; Capt. Howe's remedy for it.
August 24. Viewed the middle and lower churches of Granville : condition of

the buildings. The progress of the lower church chiefly owing to
the exertions of ]\ressrs. Thome and his sons, Cornwall, Colman and

CAXADIA A A h'VHl 1 7v.S

251

SESSIONAL PAPER No. 29b

1791.

August 25.

August 26.
August 27.

August 28.

August 29.
August 30.

August 31.
September 1.

September 2.
September 3.

September 4.
September 5.
September 6.

September 7.

Se;)tember 8.

Dodney. The people are uiucli pleased with Mr. Iiiglis. Heard
much of the Prophetess Sarah Bencraft, who lives at a Capt, Shaw's.
Rode to the top of the North Mountain : describes the prospect. Gave
a certiticate for the first payment from the Government allowance
to the new church. Its dimensions are 40 feet long exclusive of
chancel and steeple, 30 feet wide, and 16 feet post.

Messrs. Thorne, Cornwall and other Loyalists are in a flourishing
state. Saw George Morrison re sale of his land at Aylesford.
Called on Messrs. Millidge, James and Benson.

Wrote to Mr. Blowers to insert an advertisement in the newspapers
for a carpenter to undertake the College.

Rode to the middle church to arrange for services next day. Saw
J. Morrison regarding an exchange of land with G. Morrison at
Aylesford. Messrs. Dodge and Chesley called re pew dispute.

Preached in the middle church. Administered the Sacrament to
35 communicants and confirmed about 50 persons.

Capt. Moody called and said that the church at Sissiboo was raised
and partly covered in.

Heard a dispute re pews between the churchwardens, Messrs.
Dodge and St. Croix, on the one side and Messrs. Chesley and Clarke
on the other. Reconnnended peace, and reserved decision.

Proceeded to Mijor Millidge's. Met Mr. Viets of Digby: the
people there very desirous of having their church consecrated.

Arrangements made with Major Millidge re certain work on his
(the Bishop's) lands at Aylesford. "Was informed by Mr. Viets that
Peters had induced him to sign a petition to have the latter apiwinted
ijishop of Nova Scotia, for which he was now sorry, and that Peters
had unsuccessfully solicited him and the other clergy to sign a paper
disapproving of the appointment of Bishop Inglis.

Went to Annapolis. Mr. Seabury appeared shy, as if conscious
of encouraging the Methodists too much.

Dined at Mr. Seabury's; perceived Mrs. Seabury to be much
attached to the Methodists. Viewed the church: certain alterations
should be made in it.

Consecrated the church, called St. Lake's, before a prodigious con-
gregation. Administered the Sacrament to 40 communicants. The
band of the 4th Regiment assisted.

Pointed out to Messrs. Seabury and Dickson the expediency of
alterations in the church. Advised Mr. Bailey to visit his congrega-
tion more. Dined with Major Barclay.

Received letters from the Archbishop of Canterbury, brought over
by Mr. Stanser, the intended Rector of Halifax, who arrived there
on the Spltinx frigate. Received a letter from Dr. Brown, Dissent-
ing Minister of Halifax, re his going to Europe and applying for a
salary from Government. Mr. Robert Addison is appointed mis-
sionary at Niagara. Wrote to Col. Butler on this subject. Dined
with Mr. Trotter. Examined Mr. MacNa'mara's scholars, 38 in
number.

Confirmed 123 persons: one was 91 years of age; several had fol-
lowed the New Lights and Methodists. Hopes that these sectaries,
who were become audacious, will be checked. Dined at Mr. Bur-
kett's. Embarked with Capt. Thorne for Digby.

Reached Digby with IVfr. Inglis, Capt. Thorne and Mr. Dudney.
Viewed the church, the shell of which is completed; it is one of the
best in the province. Lodged at Mr. Ray's.

252

CAXADIAX ARCHIVES

1791.
September 9.

September 10.

September 11.
Sunday.

September 12.
September 13.

September 17.

September 18.
Sunday.

September 19.

September 20.
September 21.

September 22.

September 23.

September 24.

September 25.
Sunday.

September 26.
September 27.

4 GEORGE v., A. 1914

A ship of 270 tons is nearly finished here. The party spirit, for-
merly so violent, is entirely subsided. Dined at Mr. Bonnel's.

Received address from Free Masons. Visited Mr. Foreman's
school consisting of nearly 40 schoolars. Rode to the Negro Settle-
ment, where are about 60 families. Jos. Leonard, who wished to be
ordained, had taken upon himself to baptise and administer the
Sacrament. Xeither he nor the blacks came after to church, and
seemed to want to be entirely independent from the whites.
Reproved him for his presumption, and admonished him to confine
himself to his proper duty of instructing the children. Rode over
the glebe, which is disputed by the heirs of Col. Barton. Dined with
Col. Hatfield. Rode to the Gut, to the new Scotch Settlements.

Consecrated Trinity Church. Administered the Sacrament to 30
wkites and 25 blacks; confirmed 35 whites and 25 blacks. Gapt.
Beeler of " the Wilderers " in Clements complained that the Ger-
man children had no benefit from Mr. Casey's school. Desired Mr.
Viets to have the school fixed in a central situation.

Embarked with Col. Hatfield and reached Major Millidge's.

Proceeded to Mr. Inglis's and to Capt. St. Croix's. The latter
" strongly tinctured with Methodism." Mr. Dodge called and said
many of the church people wished that the Methodists be allowed to
preach in Christ Church. Expressed astonishment at a proposal
which could originate only from the profoundest ignorance of the
constitution and state of the Church of England. Declared willing-
ness to indulge the congregation in every thing within his power, but
in this his duty to religion necessitated an absolute refusal. Re-
marked on the unsteadiness of people who, after applying for a
regular clergyman, were now carried away with new fangled notions.
Much disgusted with Dodge and St. Croix: the latter appeared wild,
dark and dissatisfied." Proceeded to Mr. Walker's, calling at Mr.
Wiswall's and Capt. Ruggles.

Went to Clarmont, and to Mr. Morden's; saw Mr. Stanser.

Preached at St. Mary's Church, Aylesford, to a large congregation.
Mr. Stanser read prayers.

Consented that Mr. Reynolds should act as clerk and schoolmaster
until a man should arrive from England to take those positions.
Visited proix^rty at Clarmont and ascended the mountain : de-
scription given.

Visited his property again.

Set out with Mr. Inglis and Messrs. Rob. and Alex. Walker on the
new road to the top of the Mountain and thence to the Bay of Fundy.
Description.

Met Chief Justice Strange. Communicated plan of purchasing G.
Deschamps' lot for an episcopal seat, and soliciting the Society to
build a house.

Proceeded to Cornwallis after adjusting matters with Mr. Walker
and others re work done or to be done. Lodged with Col. Burbidge.

Dined with Mr. Twining; drank tea with Mr. Belcher.

Confirmed 24 i)ersons.

Proceeded to Windsor. Agreed with Daniel Dugan to settle at
Clarmont.

Returned to Halifax in excellent health.

Reproduces the legend placed in the foundation of King's College,
Windsor.

CAXADIAN ARCHIVES

253

SESSIONAL PAPER No. 29b

April 30.
May 1.

May 2.
May 3.

May 4.
May 5.

May 6.
Sunday,

1792. Proceeded to Windsor, stopping at Dobson's and Woodworth's on

the road. Went to view the college walls, which had been represented
as badly built: the front wall inclined in, probably because of
insecure foundation.

Wrote recommending the rebuilding of the foundation in front,
which would be necessary if the superstructure was to be of stone,
which would be cheaper than wood. Anderson, the mason, was to
adjust matters with the Governors.

Set out for Aylesford. Left a coach horse with James Duncan at
Gaspereau River, who is a regular farrier, the best in the province.

Visited his property -of Clarmont. Account of the work done by
Dugan, who has been very industrious.

Heard an altercation between Mr. Walker and Nathan Bowen re a
bridge and causeway on his (the Bishop's) property, undertaken by
John Kelly, who absconded.

Viewed William Laver's clearing at Queensdale. Examined
Benedict's inten-ale as to the feasibility of draining a marsh by
altering the course of two brooks.

Preached to a small congregation. Spoke to the people about erect-
ing a school house.

June 28.
June 29.
June 30.

July 1.
Sunday.

July 2.

July 3.

July 4.

July 5.

July 6 <

ind

7

Sunday.

July 9.

July 10.

"Nova Scotia and New Brunswick. — 1792. — No. 1."

Set out for Windsor with his daughters Margaret and Anne.
Dined at Dobson's and lodged at O'Briens.

Proceeded to Judge Deschamps, breakfasting at Woodworth's on
the way.

Work of rebuilding the front wall of the College is being carried
out. Dined with the Agricultural Society at Mr. Hammill's. Mr.
Dight had refused to subscribe to the church because of a false report
that the Bishop had declared it would become the property of the
rector. Mr. Dight made the unreasonable demand that his pew should
be forever exempt from any tax. Investigation held into complaints
of Mr. Cochran's boarders, Rowland, Thomas and Joseph Cochran
and the Bishop's son, that the board was unsatisfactory.

Services held. Mr. Ellis and Mr. Cochran ill.

Told Anderson (the mason) would order a gondola of sand which
he required, but as to his going on with the building could say
nothing. Crossed the ferry, dined at Fowler's in Ilorton, and pro-
ceeded to Steadman's.

Proceeded to Clarmont, stopping on the way at Major Cortland's,
Mr. Morden's and Buskirk's. Viewed the intervale en bis property:
much of it planted ; a beautiful piece of ground.

Hears of discontent with Mr. Wiswall on account of failure to
keep engagements.

Went through intervale at Clarmont to fix on place for archard.
Everything satisfactory. Dined at Buskirk's; slept at Mr. Wallvcr's.

Busy with his own affairs.

Preached at Aylesford. Dined at Mr. Walker's.

Set out for Annapolis. Reached Granville. Fine rain, which will
probably save the crops. Lodged at Mr. Inglis'.

Reached Annapolis, after some business, set out with Mr. Durkit
in his boat for Digby, which he reached about 9. Lodged at Mr.
Ray's.

254 CAyADIAX AlWHIYES

July 11.

4 GEORGE v., A. 1914

i'^^2. Was kindly received at Digby. As packet could not sail for St.

John foi* want of wind, he devoted the day to business. Gave hia
attention among* other matters to a small matter connected with the
church at Digby.

•'^"'^ ■^"' After a day's business, set out for St. John on packet at 7 p.m.

Slept in his clothes.

July 13. Owing to calm and fog, did not sight land till night. Another

night on board.

J"'y 1^- Landed at St. John, and arrived at Mr. Elm's at 5 a.m. Dr. Byles

reports his congregation flourishing, the communicants amounting
to 80. Went to see the church, the corner stone of which he laid in
]78S. It is a neat large building almost finished. Colonel Winslow
from Fredericton told him that Mr. James, who desired Ordinance,
had taken possession of a lot in Maugerville, and had had a dispute
with some Dissenters who claimed it. Dr. Byles reported that the
Glebe attached to. his churcil was good for nothing, and that two lots
assigned to the church on which a parsonage had beert built, had been
taken by the Corporation under their charter.
^^ ■^"' Preached at bcth services to a nuineroiis and respectable congre-

gation, which reminded him of New York. Is on whole well pleased
with appearance of the church, which he describes.

*^"'^ ^^- He notes that the shipping of St. John is much increased. 132

sail of shipping belong to the city of which 120 are square rigged,
and about 40 are ships; nearly all built in the Province. 30 square
rigged vessels on stocks.

Ju'y 1'^- Set out for Fredericton. Arranged with Mr. Scovil to meet him

at Indian House, and gave him his directions for services. At a
house about half way up the Long Reach heard complaints about
Mr. Scovil's negligence, and the officioiTsness of the Methodists.
Reached Roger's tavern at Belle Isle Bay 33 miles from town. Saw
evidence of increase of population and better culture since he was
there in 1788.

July IS. Set out at 5 a.m. Inspected church at Grimcross or Gagetown.

Made enquiries as to financial and other matters. Church is neat
and well finished. Reached Mr. Lender's at Sheffield where he lodged.

July 19. Rode to Maugerville. Beautiful country for 20 miles or more.

Banks looks like continuous village, reminding him of St. Lawrence,
On both sides are lines of houses scarcely more than 40 perches
asunder. Proceeded to Mr. Beardsley's where he met Judge Hib-
bard, SherifF De Webber and Dr. Clarke. Here he heard that a
man who was executed at Lichfield, Connecticut, and who was for-
merly a soldier in the Rebel Army, had confessed to being the mur-
derer of Mr. Avery, the Society's agent at Rye, in 1776. Spent the
night with Mr. Cooke, 2A miles above Fredericton.

J^'y 20. Had a conference with Captain French and Captain McLean of

Nashwaak, concerning the establishment of a mission there. Settle-
ment contains 80 families, stretched 23 miles along the Nashwaak.
Crossed the river to Fredericton, and called on Governor Carleton,
who was very kind. Inspected the church, which was in about same
state as in 1788. There have been some architectural mistakes in
connection with the building of it.

July 21. Rode out about 5 miles to view the country; came to a new settle-

ment of 5 families. The principal settler is Mr. Read, a former ten-

CANADIAN ARCHIVES 255

SESSIONAL PAPER No. 29b

i"^i- Mit of tLe Bishop's in Xew York. Lodged v.'ith Mr. Jarvis in Fred-

ericton.

J'-iiy 22. Preached to large congregation on Confirmation. Prepared some

prayers for the Lieutenant Governor, to be nsed by clergy. They are
those nsed by Lord Lieutenant in Ire.and; also, adapted the prayer
of Parliament for the Legislature. Ke proposes to havn the same
used in the four Provinces vmder his jurisdiction.

July 23. Arranged matters regarding the mission at ISTashwaak which were

in some confusion. Had some conversation with Governor Carleton
respecting church affairs at Maugerville. Mr. James is meeting with
some opposition from his former congregation who are a set of wild
enthusiastic people, who objected strongly to his joining the Church
of England.
^ • ^ ■ Had conversation with Mr. Odell and the Governor respecting

glebes. They pointed out the difficulties of making proper reserva-
tions for the Church in the hurry of settling a new government and
satisfying claimants for land.

■^""•■' ''^' Transcribed a memorial to Governor respecting glebes.

•^^'-' -^- Visited the Nashwaak Settlement with Majors Price and Jarvis.

The settlement is flourishing for its age. The lower part is occupied
chiefly by half pay officers, the upper by disbanded soldiers of 42nd
Regiment. Mr. Clarke of Gagetown called upon him and gave him
an account of affairs in connection with his church. There had been
several schoolmasters at Gagetown, but they had successively left.

"^"'^ ^^- Busy about memorials to the Governor. The King's mandamus

for Maugerville, which Mr. Odell showed him, is of the usual sort.
It grants 12 miles square, to be divided into 200 lots, and reserves
one lot for the Church, and another for the school. The present
Dissenters are not as numerous as those who first settled. They say
they have been in possession for 29 years. The settlement was made
in 1763, about 62 settlers seated themselves.

''^ ^ ^^' Transcribed memorial concerning prayers for Lieutenant Governor

and Legislature. Discussed lot at Sheffield with Chief Justice, who
thinks matter is one for courts. The Bishop comiplaiued that glebe
lands were generally bad, which he imputed to necessity, and to the
grants made before the separation of the Provinces.

July 29. Preached, and confirmed 82 persons. Dined with Governor to

whom he presented the memorials. Discussed glebes, and said he
would not consent to establish a missionarj^ where a proper glebe
was not provided. Governor sympathetic.

"^ ^ ^' ^^' Prepared to set out for Maugerville on way to St. John. Declared

his intention to have the clergy secure good glebes, and asked the
assistance of his friend. Proceeded by water to Mr. Beardsley^s at
Maugerville where he npent the night.

■'"'y ^^- Visited the church at Maugerville, which is tolerably satisfactory.

The parishes of Woodstock and Northampton contain 150 families;
the parish of Prince William 98 families; and that of Queensborough
140 families. Mr. Dibblee, from whom the Bishop had this informa-
tion respecting the Indians, in these parishes. He is learnmg their
language, in order that he may reach them more nearly. He has
acted for some time as Superintendent of the-e Indians. His nephew,
Ralph Dibbke, is the sehf ohii aster.

i

256

CAXADIAX ARCHIVES

1791.

August 1.
August 2.

August 3.

August 4.

August 5.

August 6.

August 7.

August 8.

August 9.

August 10.

August 11.

August 12.

4 GEORGE v., A. 1914

Consecrated Christ Church, Maugerville. Numerous congregation,
notwithstanding heavy rain. 123 persons confirmed, and Com-
munion administered to 52 persons. Lodged at Beardsley's.

Visited Mr. Say's Indian school. Saw Peter Paul, an Indian, his
wife and 5 children. Urged Peter to settle on the land and drop the
nomadic life. Peter agreed to and said some others of his people
were wearied of that mode of life. The French missionary advised
the Indians, if they left the Roman Catholic Church, to join the
English Church. Lodged with Col. Gilbert.

Vied the Jemseg Passage, which with Grand Lake he found very
beautiful. About 100 families are settled on the Lake.

Went to view the burnt land, appropriated for a glebe. Soil is
pretty good, but timber good for little. Got information respecting
glebe at Sheffield. Informed Mr. Clark that unless school house was
finished the salary would not be paid.

Consecrated St. John's Cliurch (Sheffield). Confirmed 104 persons,
and administered Communion to 30.

Breakfasted with Col. Ting, 2 miles from Gagetown. Got infor-
mation from him respecting the school. Dined with Captain Thomas,
a Loyalist from New York, who lires opposite Spoon Island. Crossed
Lelle Isle Bay, turned up the Cove leading to Kingston and reached
Mr. Lion's house, where he lodged.

On the way to Kingston he met Mr. Scovil. Saw the church at
Kingston, which is incompleted, but well built so far as done.
Captain Scrogg and Mr. Squires came with a petition from Belle
Isle for person to officiate in church built by people of whom there
are 142. Lodged at Mr. Scovil's.

Consecrated Christ Church (Kingston). Confirmed 202 persons,
amongst whom were Reverend Messrs. Scovil and Dibblee, besides
clergy. This is more than double the number that ever communi-
cated at one time before. 30 new communicants attended. Dis-
cussed matters concerning the parsonage. Messrs. Beardsley and
Price arrived, and with them was Mr. James^ whom the people at
Maugerville desired as pastor. He wished to obtain Holy Orders,
but he must be recommended to the Governor by Churchwardens and
Vestry. Bishop concluded to defer ordination till they reached St.
John.

Sent his boat off to St. John with Messrs. Dibblee, Price and
James, and set out for Sussexvale with Mr. Cooke. Lodged at Mr.
Leonard's, whose place resembles a gentleman's villa in Europe.

Walked over Mr. Leonard's grounds, noted a lawn of 100 acres
near his house, all under tillage. He has 1200 acres altogether.
Visited the school near Mr. Leonard's, opened for the Indians, and
was much surprised as well as pleased at the progress shown. Dr.
Elkana Morton is the master. Mr. Arnold has superintendency of
Indian children.

Rode out to see the Glebe, about 3 miles from Mr. Leonard's. It
was poor land, and the Bishop refused to appoint a missionary under
the circumstances. Mr. Leonard offers 200 acres of very good land,
if the Society would appoint a missionary. The people wish Mr.
Arnold appointed^

Preached in the schoolhouse; good attendance; confirmed 62
persons. On way to church called upon Mr. Morton, the school-
master, who is an educated Dissenter and attached to Methodists.

eANADIAX ARCHirES

257

SESSIONAL PAPER No. 29b

1791.

August 13.

August 14.
August 15.

August 16.
August 17.

August 18.

August 19.

August 20.

August 21.

August 22.
August 23.

August 24.

August 2.5.

Auiust 26.

August 27.

August 28.
August 29.

August 30.
September 1.

29h— 17

As a result of the conversation, which was at Mr. Morton's request,
he was confirmed though his wife was not. Lodged at Mr. Baxter's,
20 miles from Mr. Leonard's.

Set out from Mr. Baxter's, and crossed the Kennebecasis, 4 miles
below his house. Travelled 14 miles to French Village where he
breakfasted with Mr. Pugsley. Set out for St. John, a journey of
14 miles. Lodged at Col. Depeyster's.

Routine affairs.

Mr. Dihblee was examined for Priest's Orders and acquitted him-
self tolerably.

Began his Visitation. All the clergy of Province attended — 9 in
all.

Had church service. Clergy had conference on glebes. As clergy
were satisfied that Mr. James should be admitted to Holy Orders,
Bishop thought it would be wise to defer action for 12 months,
during which time Mr. James might make himself acquainted with
certain books. He would also have to obtain a presentation from
Governor and title and testimonial from three clergymen.

Mr. Jones arrived from Miramichi, and stated people had complied
with Bishop's terms respecting a Missionary. The principal people
of St. Andrews desired Mr. Berry as schoolmaster. Respecting the
schoolmaster at Campo Bello, St. Stephen and adjacent district. Con-
secrated Trinity Church and burial ground.

Mr. Dibblee made usoial subscriptions and took oath of Canonical
Obedience. 53 persons confirmed. Mr. Dibblee admitted to Order of
Priests. Communion administered to 134 persons. Lodged at Colonel
Depeyster's.

Took Mr. Cooke's subscriptions and oaths. The draft of a mem-
orial to Governor respecting glebes, produced, amended, and directed
to be signed. Visited Col. Ludlow in Carleton.

Wrote to Governor Carleton concerning glebes; to the people of
Miramichi, that he intended to fix Mr. Jones there. Set sail for
Digby. Slept on board vessel.

Reached Digby at one o'clock.

Embarked for Granville, reaching which he went on to Squire
Thome's where he lodged.

Crossed river to meet people of Clements who had opened subscrip-
tion for church. This amounted to £77. Bishop promised to try and
secure some additional funds. Crossed to Annapolis. Stopped at Mr.
Burket's.

Was shown a letter which put Mr. Weeks in rather a bad light.
Met his son, John, as he crossed the ferry.

Preached in Mr. Inglis' church, and administered sacrament to 25
persons.

Rode to Belle Isle, transacted some business, and lodged with Mr.
Inglis.

Set out for Aylesford with his son.

Went to Clarmont, looked into the work of his ditchers. Lodged
with Mr. Walker.

Went to Clarmont, and attended to work on his property. Lodged
at Mr. Walker's.

Mr. Reynold's the schoolmaster called, and in course of conversa-
tion related some particulars respecting the New Lights. Married
people had made vow of continence; the New Lights ascribed divine

258

CANADIAN ARCHIVES

1791.

September 2.

September 3.

September 4.
September 5.
September 6.

September 7.
September 8.
September fti
September 10.
September 11.
September 12.
September 13.
September 14.
September 15.
September 16.
September 17.
September 18.
September 99.
September 20.

September 21.
September 22.

September 23.
September 24.

September 25.

September 26.
September 27.

September 28.

September 29.

4 GEORGE v., A. 1914

attributes to the Devil believing' him to be eternally coexistent with
God; they pray for the Devil; deny the resurrection, &c. Went to
Clarmont and attended to the work.

Preached at Wilmot; pretty good attendance, confirmed 8 persons;
the smallness of the number shows ignorant and uncultivated state of
inhabitants.

Went to the mountain with Ph. Millidge to have the mountain
tenants land surveyed; very good crops, oats the best he ever saw.
Found Mr. Inglis awaiting him at Mr. Walker's.

Mr. Millidge made report of the quantity of land cultivated by the
first five tenants of the Bishop. Rei^ort is given.

His son John Ingiis returned to Windsor. He himself had a busy
day on his property.

Spent day on his property. Thinks badly of the people of Ayles-
ford.

Spent day at Clarmont. Some details.

Spent day at Clarmont. Some details.

Preached in St. Mary's Church to small audience.

Spent day at Clarmont. Some details.

Spent day at Clarmont. Some details.

Spent day at Clarmont. Some details.

Spent day at Clarmont. Attended to some writing.

Spent day at Bay Shore. Some details.

Spent day at Bay Shore. Some details.

Read prayers and preached at Aylesford. Congregation small.

Kainy day. Attended to some business.

Rainy day.

Rain abated. He went to Clarmont and attended to some business.

Heavy rains ; countryside flooded ; most of the bridges carried away.
Attended to some business.

Rain abated; by evening it was clear.

Fine day. All bridges have been swept away; the Annapolis rose 12
feet higher than at any time in 20 years; great damage to crops and
cattle. Attended to some business.

Preached at Aylesford to small congregation.

Spent most of day at Clarmont. Went to Elisha De Wolf's where
he met Chief Justice Strange and Judge Desehamps.

Reached the ferry at Falmouth after much difficulty on account of
the ravages of the floods. Crossed the river and took tea with his
children at Judge Desehamps.

Inspected the new church and the college (at Windsor). Found
some things requiring amendment.

Wrote to Mr. Shreve concerning the schoolmaster at Parrsborough ;
also, concerning the interference of Dissenters in choosing church-
wardens and vestrymen. Inspected college drains. Rode to Newport
to inspect site of intended church for which the inhabitants have sub-
•scribed £150. Ml-. Cochran has been very diligent here and at Fal-
mouth. Newport, Rawdon and Douglas would be proper place for an
itinerant missionary.

Received a letter from Mr. Pidgeon, a lieutenant of the 65th, and
commanding officer af Fort Cumberland, who desires to enter into
Holy Orders. The people of Cumberland strongly recommend him
and desire him for missionary. Mr. Leonard of Sussexvale arrived.

Paid some visits.

CANADIAN ARCHIVES

259

SESSIONAL PAPER No. 29b

1791.
September 30.

October 1.
Oc-oter 2.
October 3.

Held! coniimiation in new church, 37 persons were confirmed. Sees
improvement in Mr. Ellis' manner, which may prevent things from
going to extremities.

Made his arrangements for departure from Windsor.

Set out for Halifax. Reached O'Brien's where he lodged.

Reached home in Halifax about 5 in the evening.

Dimensions of Churches at th'^. following places, exclusive of chan-
cel and steeple : —

Frederict^n, 72 feet long x 52 feet wide.
Maugerville, 40 feet long x 32 feet wide.
Gagetown, 42 feet long x 30 feet wide.
Kingston, 50 feet long x 38 feet wide.

Book fob the Year 1798.

As this book is made up almost entirely of entries of two or three
lines for each day, giving the state of the weather and occasionally
domestic minutiae, it has not seemed that any useful pvirpose would
be served in attempting to summarize it. The details of his Visita-
tion in New Brunswick are get out in the following book.

New Brunswick, 17!

July 25.
July 26.
July 27.

July 28.
July 29.
July 30.

July 31.
Au' ust 1.
August 2.
August Z.
August 4.

August 5.

August 6
29b

Set out with his daughter Margaret, and his son John for New
Brunswick. Lodged with Mrs. Inglis.

Set out for Annapolis and Digby, which he reached some time
after 4 o'clock.

Detained by failure of packet to arrive from Annapolis. Digby
continues to flourish. The fisheries have been successful, but the
merchants lost most of their boats during the War. He was in-
formed that in May, 1797, 18 Nova Scotia Indians set out for Canada
to join the French, who were expected to invade Canada. He was also
told, of an Indian who said he would receive no present from the
King, as the English poisoned everything they gave to tlie Indians.

Embarked at 12.15. Lay aboard all night. All sick.

Reached St. John at 11 in the morning. Went to church in the
afternoon and heard Dr. Byles.

Exchanged several visits. Discussed with Colonel Coffin the oixmi-
ing a mission in parish of Greenwich and Westfield. A valuable
tract of 1500 acres to be escheated for a glebe; besides a lot of 100
acres in the centre of the district. Two churches are nearly finished.
Inhabitants want young Mr. Scovil as missionary.

Attended to some business and paid some visits.

Visited Colonel Ludlow in Carleton.

Embarked at Indian Efouse for Fredericton at 9 p.m.

Reached a r)oint a little above Grimcross Point

Reached a point about 4 miles below Mr. Beardsley's church at
Maugerville.

A day of rain. Governor Carleton's barge came down the river to
meet the party. At 8 p.m. reached Mr. Pidgeon's at Fredericton,
where his daughter Mrs. Pidgeon was joyful to receive them.

Visited Governor Carleton.

'—17^

260

CANADIAN ARCHIVES

August 7.

August 8.
September 17.

August 18.

August 19.
August 20.

August 21.
August 25.

August 26.

August 27.

August 28.
August 29.

August 30.
August 31.

September 1.
September 2.
September 3:

September 4.
September 5.

September 6.

4 GEORGE v., A. 1914

Exchanged several visits. Mr. Pidgeon gave him Mr. Price's
resignation, with statements of charges against him; also, some
papers relative to Mr. Jones.

Exchanged visits. Governor Carleton let him have Abbe Barruel's
Memoirs of Jacobinism, which greatly shocked him.

The day fixed for his Visitation. Gives an account of the pro-
ceedings. Dealt with the business of Greenwich and Westfield; also
discussed propriety of making Mr. Jones a missionary. It was
decided to recommend Mr. Jones to the schoolmastership at Kingston.
Springfield Parish wanted a schoolmaster.

A statement was prepared showing the condition of the several
parishes in New Brunswick. He dismissed the attending clergy wirli
whom he is greatly pleased. Fanaticism is much on the decline.
The number of New Lights and Methodists is diminished.

Though feeble and indisposed he preached to-day.

During this week, he visited in the country about Fredericton.
The Governor farms largely. He has a great variety of vegetables.
Fifteen acres are cleared and under grass. Colonel Beverly Robinson
lives opposite Governor Carleton. He, also, farms largely.

Spent the day and night with Judge Allen Y miles up the river.

Kode over Savage Island, the property of Judge Allen, and opposite
his house. It contains over 200 acres, mostly under grain or mowed.
8oil very good. Farming operations considerable. Was struck with
the size and abundance of butternut trees in the neighbourhood.
Dined with Chief Justice Ludlow.

Preached. Mr. Bisset spoke about his admission to Priest's Orders.
Was shocked to learn that the charter of the Academy nominated for
trustees of the institution, three men and their heirs.

Called on Governor Carleton, and discussed the absurdity and in-
convenience of the arrangement for the trusteeship of the Academy.
The Honourable Mr. Bliss stated that if the mission of Nashwaak
were removed to Oromocto, he would take Orders. This the Bishop
thought impracticable on account of Mr. Bliss's age.
Paid visits in the neighbourhood.

Prepared for his return to St. John. Mr. Odell gave him several
papers relative to Glebes, which were drawn up in 1792. There are
reports from Mr. Andrews of St. Andrews, Mr. Beardsley of Mauger-
ville, Mr. Dibblee of Woodstock, Mr. Scovil of Kingston, Dr. Byles of
St. John, and Mr. Jones of Miramichi.
Dined with Governor Carleton and a large company.

Sailed on return voyage at 11 a.m. About sunset dropped anchor
at Grimcross Point.

Reached Indian House at one o'clock at night.

Was so indisposed as to be unable to preaich.

Col. Coffin, Mr. Fluelling and young Scovil called. A jury had
found a verdict for the escheatment of the land designed for a glel>e.
Discussed ordination of Scovil, but Bishop refused until glebe waa
settled. Dined with Col. Ludlow and returned with a violent cold.

Much indisposed and feverish.

Held confirmation though still suffering, 23 were confirmed. The
negroes of St. John applied for a schoolmaster. There are 35 children
of teachable age, and as many too yonng.

He is better. Wrote several letters.

CANADIAN ARCHIVES

261

SESSIONAL PAPER No. 29b

September 7.

September 8.
September 9.
September 10.

September 12.

September 13.
October 16.

August 8.

Col. Coffin declared his intention of buying 100 acres on the Long
Reach for a glebe. The Bishop promised, on this being done, to
ordain Mr. Scovil.

Heavy rain all day. Did not stir out.

Preached to crowded audience.

Mr. Valentine Peters called to know what would be necessary to
obtain Holy Orders. The Bishop told him — as he had often done
before — a title and testimonial. Mr. Peters seemed to decline a title
from the Society. Embarked for Annapolis with companions, which
they reached at 9 the next evening. Put up at Mr. Durkett's.

Transacted business in Annapolis. Crossed the river in the even-
ing, and lodged with Mr. Inglis.

Set out for Clarmont, which they reached about 5 in the evening.
All in perfect health.

Dates of various schedules received from London, to be forwarded
to William Moore Smith at Philadelphia. These relate to the
Bishop's property in the United States, which was forfeited during
the War.

Book New Brunswick^ 1804.

Report of his Triennial Visitation which began in the city of St.
John.

Reports were received from Mr, Bisset resi)ecting Maugerville;
from Mr. Arnold respecting his church ; from Mr. Scovil respecting
the parishes of Hamipton, Springfield, the school at Kingston; from
Mr. Clarke respecting the parishes of Waterbury, Wickham, and

Mr. Clarke respecting the parishes of
Hampstead. Several New Lights and
through these last mentioned parishes.

iry,
Methodists are scattered

Cape Breton, 1805.

June

27.

June

28.

June

29.

June

30.

July 1.

July 2.
J ly 3.

July 4.
July 5.

Set out from Clarmont with Mr. and Mrs. Inglis and child in
one carriage and himself and two Cochran children in another. Slept
at Horton.

Reached Halfway House, where they lodged'.

Breakfasted with Sir John and Lady Wentworth at the lodge. Got
to Mr. Halliburton's in Halifax about 1 p.m.

Preached to large congregation in St. Paul's Church. Here he first
saw Dr. Cox, President of King's College, whose appearance was not
very clerical.

Inspected the government schooner from Capt> Breton which had
been waiting for him; and chose a berth. Dined at the Bower with
Dr. Halliburton.

Adverse wind prevented from embarking. Was bled for palpita-
tion of the heart.

Embarked with Mr. and Mrs. Inglis on the government schooner,
Marquis Cornwallis, at 10 a.m. ; by daylight had reached White Head,
40 leagues from Halifax.

At 11 p.m. anchored near the Coal Mines in Spanish River, about
9 miles from Sydney.

Reached Sydney abf>ut 11 a.m. ; were received hospitably by Major
General and Mrs. Despard. Mr. Cossitt with whom he had conversa-

262 CAN AD I AX ARCHIVES

4 GEORGE v., A. 1914

tioii, disclaimed being- ia party man, and seemed determined to have
an investigation.

•^"•^' ^- Chief Justice Woodfall and Mr. Crawley, Surveyor General, and

several others called on him.

July 7. Mr. Inglis read prayers and the Bishop preached. Congregation

about 100. Though not large he was assured it was three times
greater than the ordinary attendance. Indispensable to remove Mr.
Cossitt, who has all the principal people against him. He is con-
stantly attacking- them. If he stays the church would probably sink,
and the inhabitants would become Methodist, or Papists or Infidels.

July 8. There is a Methodist preacher named Oliphant at the North West

Arm, where there is a pretty large settlement. He and his followers
usually attend church. He does not baptize, nor administer the
Sacrament nor marry. A shoemaker, named Miller, has lately com-
menced Methodist preacher. At Arichat, a priest named Jamtell is
settled. He was made prisoner when St. Pierre and Miquelon were
taken 1793. He has made several converts to Popery. General
Despard, on hearing this, notified the priest if he continued he would
be removed from the Island. This had no effect. There are about
20 families professing the Church of England resident at Arichat,
and in the summer many Jersey people resort there for the fisheries.
A missionary from Jersey would be acceptable. There are about 400
people in and about Arichat, most of whom are Roman Catholics.

July 9. Mr. Cossitt, as the result of Mr. Inglis^s persuasion has agreed to

resign, if he could be placed in Xova Scotia or New Brunswick. His
resignation has been accepted. He proposes to settle at Parrsborough
or some other mission.

'^"■'^^' Held a confirmation. 92 persons were confirmed.

July 11- Embarked with General and Mrs. Despard to visit the Bras d'Or

Lakes.

July 12. Continued his trip through the lakes, with which he is charmed.

Returned to Sydney at 6 p.m.

July 13. A party was made up, which went about 5 miles up Spanish River.

Visited Captain Cox who has a very superior farm, and Mr. Ingon-
ville, a Jersey man, who is making great improvements.

July 14. He preached, the attendance, wdiich was large, included two

Methodist preachers with their respective hearers. Explained the
schism of the Methodists to an enquirer. Mr. Cossitt preached his
farewell sermon in the afternoon.

July 15. Discussed with General Despard and the Churchwardens the appli-

cation made by them for a missionary to replace Mr. Cossitt. The
Bishop pointed out the impropriety of calling upon the' Society to
bear all the expense, and after further conversation. General Despard
and the Churchwardens agreed that an Ordinance should be passed
by the Governor and Council to tax the inhabitants for the support
of their clergyman. He embarked with his party and Mr. Cossitt
for Halifax. He describes the coal mining in the vicinity of Sydney.
They got no further than Cranberry Head that night.

July IG. Reached Main-a-Dieu (which he spells Manadieu). Landed and

held a service. Upwards of 60 persons attended; 5 were baptized.
From 1300 to 1400 quintals of cod are annually taken and cured here.
A French privateer of 12 guns had been taken by a Jersey privateer,
and brought in to Arichat.

July 20.

CANADIAN ARCHIVES .263

SESSIONAL PAPER No. 29b

July 17. Was to have had a service at 6 p.m. but was prevented. Reached

Louisburg pt 4 o'clock. On coming to anchor, they saw the ribs and
other parts of two French 74 gun ships, which the French burnt when
the place was taken by Wolf. Another 74 gun was sunk in deeper
water, and no part of her was visible. After dinner, he went ashore
and wandered among the ruins of Louisburg which he describes.

July IS- Lay at anchor all day, the wind being adverse. Caught some cod

and other fish.

"^^^y ^^- As the wind was still unfavourable, he landed and preached a

sermon to a gathering in Louisbvirg.

Continued their voyage with light wind. By night they had reached
Framboise Head.

"^^^y ^^- Early this morning they were in sight of Arichat and Cape Canso.

At noon had morning service.

July 22. Early this morning were opposite Beaver Harbour, 60 miles from

Halifax. Towards evening they were at Ship Harbour, 27 leagues
from Halifax. Here they purchased some supplies.

July 23. Qq^ j^q further than Jeddore Harbour, as a storm boded.

July 2t. Beached Devil's Island.

July 25. Reached Halifax, and got to Mr. Halliburton's at 6 a.m. Found

daughter and grandchildren in perfect healtli.

There is a long diary of a visit in England kept by the Reverend
(later Bishop) John Inglis. It commences on the 4'^'^ July, 1806, and
finishes on the 7*^ May, 1807. It is full of interest as a record
of travel, but it contains only three or four references to Colonial
affairs. It has not been thought necessary to note any but these
references.

February^ Ts ^^' I^^'lis wrote to Mr. Porter informing him that he had been

elected President of King's College.

He went to Dr. -Morice's to attend a Committee of the Society
which had been appointed to receive information from the Bishop
of Quebec, Dr. Stanser and himself. There were present the Bishop
of Bath and Wells, Bangor and Bristol, Archdeacon Pott and Mr.
Jordan. The Bishop of Quebec gave much interesting information
respecting his diocese, dwelling particularly on the encroachments of
the Roman Catholics. Mr. Inglis spoke of the poverty of the
missionaries, and implored some addition to their salaries; also, the
interference of the Society to obtain the Government allowance
through their hands. He also asked for some assistance to the
churches of the Germans and those at Windsor and Cornwallis, and
suggested the founding of 6 scholarships at the College in Nova
Scotia for the missionaries. He was hurried and mortified at many
objections and rude interruptions from Dr. Morice,

March 20. He attended a meeting of tlie Society at the Westminster Library

in Castle, when it was agreed that an application should be made to
Government to pay the Government allowance for missionaries in
Upper Canada, Nova Scotia and New Brunswick into the hands of
the Society and that 4 scholarships or exliibitions of £30 per annum
should be established by the Society at King's College in Windsor.
The Bishop of Nova Scotia is to name the scholars subject to the
approval of the Society. It was also agreed that estimates should be
forwarded of the probable expense of completing the churches of the
Germans at Halifax, and those at Windsor and Cornwallis, with the
amount of contribution, which the people would m.ake if the Society

1807.
y 13

Fe'oruary 24.

264

CANADIAN ARCHIVES

April 22.

4 GEORGE v., A. 1914

would assist. The salaries of the missionaries were not increased
generally, for fear it would discourage the exertions of the inhabi-
tants. £400 per annum was agreed to be expended for schools in
Lower and Upper Canada, and salaries were also promised for 2
missionaries to the Mohawks. It appeared that the Society could
afford to make an additional expenditure of £120 per annum.

Attended a meeting of the Society, where it was resolved that a
memorial should be presented from the Society to Government stating
the insufficient support of the Church in the Colonies, and praying
for some relief. It was agreed that Mr. Willoughby's labours should
be confined to Windsor, that some equivalent should be given him
for the glebe at Falmouth and Newport and that Dr. Cochran should
be appointed missionary to those places. But the matter was to be
referred to the Bishop of Nova Scotia.

Year Book for 180Y, 1809, and 1810.

As these year books are of the same character as that for 1798,
which hais been already described, it has not been thought necessary
to summarize them.

Catalogue of Books^ and an Address to Students.

As this section is without a date it is uncertain whether it refers
to Bishop Charles Inglis, the first of Nova Scotia, or Bishop John
Inglis, the third.

Inglis Papers, 1825-1849.

1825.

200 Piccadilly,
April 11.

April 12.

April 12.

Halifax,
June 12.

November 23.

A list of contributions to churches and schools in the Maritime
Provinces between 1826 and 1840.

The letters which follow are written by John Inglis, third Bishop
of Nova Scotia.

To Earl Bathurst. Thanks for appointment of an Archdeacon of
Nova Scotia. He had prepared a Commissary Commission for Rev.
Aubrey G. Spencer of Bermuda, and hopes that his nominee may have
title of Archdeacon, as the other commissaries have.

To Revd. G. Best. Forwarding commission to him as Commis-
sary of New Brunswick and giving advice as to relation with clergy.
Hopes to have him styled Archdeacon.

To Sir Howard Douglas. Sends Mr. Best's commission to Sir
Howard. The scheme of uniting the Colleges at Windsor and Halifax
has failed owing to objections of Archbishop of Canterbury. Is
working for interests of King's College; hopes to make.it useful to
New Brunswick scholars.

To Revd. Cornelius Griffin. Expresses surprise that he should have
placed himself in the mission and parish of another clergyman with-
out authority. His salary will be stopped by the Society, to which
the Bishop recommends him to make personal explanations. On
account of a dispute regarding church affairs in Grand Manan, he is
excluded from the Province.

To Revd. F. Coster. Desires to meet his wishes but there are
difficulties. The Society will not appoint two independent clergymen

CANADIAN ARCHIVES

265

SESSIONAL PAPER No. 29b

December 19.

December 19.

December 21.

1826.
January 2.

January 17.

January 23.

January.

Februn-y 11.

February 15.

in St. John. If he is stationed there, it must be as curate to the
rector. Believes from what he has learned of Mr. Coster's character
and disposition that the best interests of the church would be served
by this arrangement. Recommends him to take any of the vacant
missions in either Province, and will endeavour to secure his per-
manent appointment to such as may be selected. Suggests Carleton.

To Sir James Kempt. Reverend James Shreve and Revd. H. W.
Arnold are qualified for Priest's Orders. For many years it has been
the practice for the Bishop to institute to benefices upon receiving
informally the approbation of the Lieutenant Governor, and after-
wards to pray for a mandate for the induction. But it seems to the
Bishop that the regular presentation from the Governor in the first
instance would be more regular. He asks for the presentation of
Mr. Shreve to St. Stephen's Church, Chester, and of Mr. Arnold to
Christ Church, Granville. Both of these charges have been vacant
for several years.

To Reverend Anthony Hamilton. Death of Mr. Aitkins; James
Cochran recommended for mission at Lunenburg; Mr. Coster; Mr
Hayden's relinquishment of Rawdon ; Mr Griffin officiating in Gran-
ville without authority; Mr. Adin dissatisfied; Mr. Jenkins doing
well at St. Eleanor, recommends that he be left there; Bermuda and
Newfoundland affairs; respecting the scholarships held by Abram
Wiggins, John James Millidge, Joseph Hart Clench, and Charles
Shreve. Church at Truro consecrated, Henry Wier recommended for
school at Rawdon; recommendation to apply £16 for benefit of
national schools in New Brunswick through Mr. Best.

To Revd. F. Coster. Is glad Mr. Coster is to accept Carleton
church. Has good advice to give him.

To Rev. C. Griffin. Respecting his application to have a trial with
regard to his relations in Grand Manan.

To Rev. J. T. Twining. Respecting a dispute. Until the effect of
his written communications has diminished, the Bishop cannot
admit him to a personal conference. Advises him how to proceed.

Notes of letter to Mr. Hamilton. Respecting an assistant at
Halifax; three or four fit missionaries required; question of em-
ploying Rev. Wm. Douglas; respecting Alex. C. Somerville's appli-
cation for Holy Orders ; respecting Mr. Griffin ; Edward Pike recom-
mended for exhibition. Wrote to Bishop Stanser, Joshua Watson
and Lord Bathurst respecting Mr. Twining.

To Sir James Kempt. Respecting the proceedings relative to
appointment of Rev. Robert Willis as rector of St. Paul's, and the
case with reference thereto prepared by the Attorney General. As
the opposition to the appointment has now ceasod, and Mr. Willis
has been instituted and inducted, the Bishop would recommend the
cessation of proceedings. Mr. Richard Uniacke differs from the
Bishop as to his recommendation.

To Rev. Anthony Hamilton. No further difficulty with Mr.
Hayden apprehended. Mr. Jenkins likely to do well at St. Eleanor's ;
Mr. Griffin's case; good report of Mr. Uniacke with request that he
be cautioned against interference with Rector.

To Sir James Kempt. Mr. Shreve has been instituted to parish
of St. Stephen at Chester. Requests mandate; the same for Mr.
Arnold into Christ Church, Granville.

266

CANADIAN ARCHIVES

March 15.

March

30.

March

28.

April

3.

April

3.

April 3.

April 4.

May 17.

August 14.

August 16.

A-jgust 16.

August 17.

4 GEORGE v., A. 1914

To Rev. A. Hamilton. Bishop's ordination on W^ Feby.; Mr.
Walker to attend to Dartmouth, Saekville and Margaret's Bay;
Mr. Morris; Henry Snyder an exhibitioner; Mr. Milner's proposal
to attend Amherst and Westmorland reeommended; Mr. Turner to
be schoolmaster at Chester; honourable mention of Mr. Cochran and
Mr. Shreve.

Drew bills for £50 in favour of Henry Hatton, Pictou, being first
moiety of Society's grant at that place. Church there boarded and
shingled, sending materials to complete it.

To Sir James Kempt. Requesting presentation of Rev. Alfred
Gilpin, A.B., to Weymouth.

To Sir James Kempt. Requesting presentation of Rev. J. C.
Cochran to St. John's, Lunenburg.

To Rev. A. Hamilton. Respecting Mr. Twining, who is very un-
happy; Mr. Coster's attentions to schoolmasters very judicious;
difficulty of finding suitable missionaries for Newfoundland; sorry
for Mr. Douglas' unfitness; desirable to repeal Colonial Ordination
Act; difficulty regarding ordination of the younger Mr. Dibblee;
sufl:"erers at Miramichi reliev^ed; churches there and at Fredericton
not likely to be delayed; unwilling to draw for Mr. Hayden's £50;
he and Mr. Griffin ready to print against Society.

To Rev. R. F. Uniacke. The Bishop has signed his license. There
-seems to have been some difficulty as to the designation of the charge,
which, the Bishop impresses on him, is the Chapel of St. George.
He is admonished not to officiate at funerals in the burial grounds of
St. Paul's, without permission of the Rector.

To Sir James Kempt. Respecting the trouble between Mr. Twin-
ing and Mr. Nutting. The Bishop encloses copy of a letter from Mr.
Hamilton to Mr. Twining notifying him that the Society cannot
employ his services as a missionary; also, a copy of a letter from
Mr. Hamilton to Mr. Griffin, announcing the termination of the
latter's engagement on the 1^^ July, 1826.

To Rev. A. Hamilton (notes of contents). Reporting on the
Bermudas and to Mr. Morton as to sad state of College matters
owing to inactivity of Government. Inglis Buskirk nominated to
an exhibition.

To Rev. A. Hamilton (notes of contents). Respecting Mr. Jackson;
Mr. Griffin's insolent letters; Mr. Adin unwilling to remove; Mr,
Morris likely to retire if he lives, which will relieve situation at
Horton and Cornwallis; Mr. Alley; Mr. Wix; Archdeacons should
have £500 a year, which would enable them to emjdoy curates; Mr.
Burnyeat; Mr. Morse; difficulties in filling Amherst and Liverpool;
application for increase of salary tc Mr. William Gray reconmaended ;
Mr. Coster doing well at Carleton; Mr. Wiggins' examination anl
ordination; reports against Mr. Cookson and Dr. Thompson; recom-
mends Mr. Dibblee's pension.

To Sir Thomas Cochrane. Will not visit Newfoundland this year.
The Archdeacon of NeAvfoundland should have at least £500 a year.
Asks Governor's assistance to that end.

To Archdeacon Coster. Gives him the information in the fore-
going letter respecting Newfoundland matters. Is pleased with good
work of his brother in Carleton.

Drew for £100 in favour of Rev. James Cochran for the parsonage
at Lunenburg.

CAXADI.iy ARCHIVES

267

SESSIONAL PAPER No. 29b
April 29.

Septe liber 5.

October 30.

October 30.

October 31.

Nove.nber 30.

October 4.

Kev. A. Hamilton to Eev. Charles Cornelius Griffin. Ee-affirming
decision of Society.

Bishop Inglis to Rev. A. Hamilton (Notes). Visit to Newfound-
land postponed; sailing for (lulf o'f St. Lawrence to-morrow;
Churches at Dartmouth and Sackville consecrated; Mr. Alley's
embarrassments; schools in unsettled state; Mrs. Cochran's death;
and smaller matters.

To Sir Howard Doug'las. Report of his visit to New Brunswick,
at every parish of which he was, except Woodstock and Bathurst,
which were not prepared for him. Is generally well satisfied with
the condition of the Church in the province. He consecrated l!9
churches and at 24 confirmations confirmed 1720 persons. The
schools are generally well attended and well appointed, some exhibit
excellent specimens of the Madras System ; there is great shortage
of clergymen; he ventures to think the timely application of the
Crown Lands may forward this desirable object.

To Sir Howard Douglas (Private). vSeveral small sources of
revenue have been spared to the church in New Brunswick. Grind-
stone Island and several ferries have been so allotted. Suggests the
advantages of extending such sources. Care must be taken to avoid
collision with local magistrates who may be dissenters, and who have
it in their power to diminish the value of public services allotted
to the Church.

The details of friction between the Presbyterians and the Church
school at Miramichi are given, the former refusing aid to the school-
master, because the Shorter Catechism is not taught in the school.
The Bishop has directed that the Church Catechism shall not be
taught to children, whose parents object, and that such children
shall be sent to their own pastors for religious instruction, at stated
times. If this measure of conciliation is ineffectual, the Bishop
asks the Governor's interference, suggesting the appointment of
sufficient magistrates to give the Church a majority on the Bench.

To Rev. A. Hamilton (Notes). Enquiry whether Society for con-
version of Negroes cannot keep up Negro schools in Bermuda, at
least for present. Interference requested respecting the Prince
Edward Island Marriage Act. Application suggested to land pro-
prietors of Prince Edward Island for assistance to Church. Mr.
Adin's case. His satisfaction with St. Eleanor's. Church at
Charlottetown to be property of Church or new one built. Mr. Wix
going to Liverpool. Archdeacon Spencer's valuable sen'ice during
his visit. Some minor matters.

To Rev. A. Hamilton. Return from completion of summer visits.
44 Churches and 35 burial grounds consecrated. 61 confirmations.
4367 persons confirmed. Every clergyman in Bermuda, Nova Scotia.
New Brunswick and Prince Edward Island visited. Some minor
matters.

Earl Bathurst to Sir James Kempt (Confidential). Calling atten-
tion to state of Ecclesiastical affairs in Diocese of Nova Scotia.
Although the clergy are professedly maintained by the Society for
the Propagation of the Gospel, yet as the funds of the Society are
drawn in large part from the public Treasury, it would seem that
the people of England, and not the Society, are charged with the
support of an ecclesiastical Establishment. This was natural in the

268

CAXADIAN ARCHIVES

December 19.

December 22.
December 20.

1827.
January 3.

January 5.

4 GEORGE v., A. 1914

early stages of the Province, but now an effort should be made to put
the Church in Canada on a footing of independence.

To avoid dangers which suggest themselves from precipitate
action, the Governor is recommended to place the matter before the
Bishop and leading members of the clergy. Lord Bathurst is aware
of the inadequacy of the salaries, and of the small vahie of the Glebp
lands in many cases, and will see what can be done in the way of
remedy. The Home Government is prepared to require the civil
authorities to reserve in all future grants of land, one-seventh for
the maintainence of the Church. The Government is also prepared
to appropriate for the same purpose a block of land as an equivalent
for the same proportion of lands already granted. For the manage-
ment of these Church lands a board will be required, and the Bishop
should be consulted as to the constitution of such a board

Earl Bathurst to Sir James Kempt. With reference to the subject
discussed in the foregoing letter, the Governor is requested to ascer-
tain, by sounding, whether the Ijegislature would be disposed to
afford some temporary assistance to the Church, pending the per-
manent relief to be derived from the disposal of the Church Lands.
The position is by no njeans to be submitted to the Legislature unless
there is a certainty that it would be found acceptable.

To Rev. A. Hamilton (Notes). Respecting the foregoing letters
of Earl Bathurst. He suggests Mr. Hamilton's endeavouring to se<»
any other correspondence at the Colonial Office on the subject.
Notes of letters to (a) the Secretaries of the S. P. C. K. respecting
a draft upon them for £40 in favour of Archdeacon Spencer for 6
months' allowance to 8 catechists of the negroes at Bermuda; (fc)
Archdeacon Watson giving reason for infrequeney of public fast?
and thanksgivings — ^the abuses of Papists and Puritans. Danger of
bringing authority into contempt, if used contrary to feeling of
people, undesirable to call for frequent interference from Civil power
in Church services.

Drew for first moiety of £100 for church at Bridgetown, Gran-
ville. Drew the second moiety on Sept. 17, 1827.

To Lieutenant Governor Ready, Congratulations upon arrival at
Charlottetown. As Mr. Adin has left the Island, the question of
supplying the Church at Charlottetown will have to wait until it can
be seen if he intends to return. Respecting affairs at St. Eleanor's
Mr. Jenkins has created favourable impression. The Presbyterians
might be induced to relinquish their rather vague claims upon their
church at Charlottetown, and were not disposed to object to its con-
secration. The Bishop would prefer a finer church. 162 persons
were confirmed in old church, though little preparation was made.
The Marriage Act is objectionable, and should be resisted if not too
late. Suggestion as to commission to magistrates to solemnize
marriage. Mentions Lord Bathurst's correspondence respecting
church maintenance. The schools come in for criticism. Therf»
should be a good classical school in Charlottetown, and, if possible,
scholarships at University of Windsor for Prince Edward Island
students.

To Archdeacon Best. Respecting an exchange of part of the glebe
at Fredericton for land in possession of Hon. Mr. Baillie.

To . Dealing at length with Mr. Grifiin's cas<\

CANADIAN ARCHIVES

269

SESSIONAL PAPER No. 29b

January 16. To Sir Howard Douglas. With reference to the recent despatches

from Lord Bathurst, he had already informed Sir James Kempt that
application to Legislatures for temporary relief would be worse than
useless. Glad to find Sir Howard agree with hiui. He is, also, of
opinion that the time is very remote when any grant of unallotted
lands would provide revenues adequate to needs of Church, and is
grateful to Sir Howard for pressing on Lord Bathurst the necessity
for continued assistance from Government and from Society. Is
pleased with Land Board suggested by Sir Howard. He had named,
at Sir J.Kemptls desire, the following who would be suitable members :
Lieut. Governor, Bishop, Chief Justice, Archdeacon, -and President
of the College. He, also, thought the Surveyor General and Speaker
of the Assembly would make desirable additions. A similar board
might answer the requirements of New Brunswick, which, by the
way, might be a separate diocese before tlie land became of value. If
a local board was not considered necessary, the Society for the Pro-
pagation of the Gospel might be made trustees and almoners of the
Crown. He agrees with Sir Howard that a number of small grants
would be more desirable than one large grant. Discusses legal
measures which may be necessaiy.

January 19. To Rev. A. Hamilton (notes of letters). A plan suggested for

improving and reserving lands as property of Crown until they
become of some vakie, and then transfer them to the Church. Thus
odium would be avoided until there is benefit. Recommends that
Newfonndlahd missionary be not peremptorily placed. Mr. Jackson
favourably mentioned. Mr. Alley's will. Recommends relief to Mr.
Shreve, payment of Mr. Inglis' removal expenses, some increase to
Mr. Weeks, relief to Mr. Bacon, that Mr. McCawley be employetd-
during vacation, schoolmasters at Nashwaak, approval of Messrs.
MacCoUa and Milner as exhibitioners, appointment of Mr. Nesbitt as
catechist to the negroes.

January 29. To Robert Cutler. A request from the trustees of school lands in

difl^erent parts of the province, that he protect the school lands at
Guysborough. (A similar letter was sent to W. O. Hefferman and to
Isaac Wylde, Dec^ 19, 1827).

February 10. To Otto S. Weeks. Holding his application for Holy Orders in

suspense, till further conditions be complied with.

February 17. To the Archbishop of Canterbury. Submitting two alterations in

the College Statutes, the object of which is to remove the objections
of Dissenters to the institution. The second of the two is to enable
the authorities to dispense with subscription to the Thirty-nine
Articles, in cases where there remain conscientious objections
thereto.
' To Chief Justice Saunders of New Brunswick. Snggesting amend-

ments in the Militia and Marriage Acts in the interests of the clergy.
It seems hard that they should have to find a substitute or else pay
a fine for their exemption from service. As to the Marriage Act, he
suggests a change in regard to the repositing of evidence of marriage
with the Clerk of the Peace. Another thing is the impropriety of
allowing Magistrates to marry where there is a clergyman residing.
Special commissions might be issued licensing persons to marry,
where it was absolutely necessary. The Archdeacon might be
entrusted with the duty of naming such persons. If any attempt
should be made to obtain permission for Dissenters to marry by

270 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

license (which is an Episcopal instmment) it should be rejected.
An act authorizing this passed the Nova Scotia legislature, but it
was annulled by Government, and the Governor was advised by
Lord Bathurst to reject any future bill of, tha'kind^ V. 31'nilxr
attempt was made last year in Prince Edward Island but was
frustrated by Lord Bathurst.
April 9. To Rev. A. Hamilton (Notes of letters). The following mission-

aries wanted, 14 in Nova Scotia, 9 in New Brunswick, 4 in Prince
Edward Islanid), 6 in Newfoundland, and 4 in the Bermudas — with
the names of the places. Week day work encouraged. Lay reading
of necessity. It is common among all Dissenters and even among
Roman Catholics. R. Wiggins, John Moody, and M. Desbrisay ready
for ordination. Recommends Mr. Wix stationed at Halifax as visit-
ing missionary. Mr. Weeks and Mr. Walker doing well'. Mr.
Norris wishes to resign. Recommends assistance to Dartmouth in
paying for parsonage. School^ lands at Newport recovered without
suit. Favourable compromise for glebe at Weymouth. Mr. Jackson
likely to go away.

Another letter of same date. Mr. Griffin's various relations.

Another letter of April 25-28, 1827. Affairs in Prince Edward
Island. Parish of St. Paul's divided. Mr. LTniacke properly mis-
sionary at St. George's, Halifax.

Private letter at same time. Mentioned arrangements at Com-
wallis, Horton, Falmouth, Newport, Springfield, Miramichi. Im-
propriety of displacing men like Mr. G. Wiggins. Mr. Hayden's
perverse condiict. The Attorney General directed to assist in dis-
placing him. The efforts of the Catholics stated. The Popish pro-
cession at Fredericton and other matters alluded to. Other minor
matters. Another letter to Mr. Hamilton, May 7, respecting St.
Eleanor's; the proceedings of J. W. Weeks. Mr. Walker to be
ordained and go to Cape Breton, Mr. Moody to be ordained and go to
Liverpool. Mr. Richard Wiggins to be ordained. He is wanted
both in St. John and at Westfield.
May 22. To Rev. Dr. Cochran. Respecting the church at Falmouth, and

the question of employing Mr. King there.

Rev. Jos. Wright to Rev. A. Hamilton. Conditions at Horton.
Strong prejudicies against Church form of worship; mission of
little importance.

To Rev. A. Hamilton (Notes). Additional grants required for
^ladras System. Mr. Wix's employment in LTalifax pressed. Grant
of £100 for Dartmouth. Resignation of Mr. Wright a mistake. Mr.
G. Morris' removal to Rawdon proposed. Other less important
matters.

Letter, Sept. 29. Mr. Nichols recommended as schoolmaster at
Clements. And other matters alluded to.

Letter, Nov. 23. Recommendation that all Society's appointments
be temporary. Mr. Desbrisay successful at Margaret's Bay. Mr.
Wix very helpful. Mr. William Talbot recommended for school at
Liveripool, and Mr. A^^a Torrey for Windsor. Archdeacon Best
recommends Mr. N. Arnold to go to Sussexvale to assist declining
father; Mr. Wright's going to St. John to serve in Free Chapel
under Mr. Gray; Mr. Milner's exchange with Dr. Thompson; the
appointment of Mr. Legget to school at Springfield. Scovil, Trim-

September 5.

September 15-17.

CANADIAISI ARCHIVES

271

SESSIONAL PAPER No. 29b

December 19.

1828.
January 5.

January 12.
January 26.

January 30.
March 24.

April 9.
April 10.
April 10.
April 11.

April 18.

ingham, and G. Haliburton reconunended as scholars, and John
Stirling as exhibitioner.

A letter of Nov. 26. Churches in his diocese : 36 in Nova Scotia,
29 in New Brunswick, 25 in NewfoundJand (excluding several build-
ings held jointly with Methodists), 9 in Bermudas, 2 in Prince
Edward Island. In all 101. 20 churches building and over that num-
ber required. 12 of the 101 consecrated by his father besides 2»
decayed and replaced Within the last two years, 62 churches and
55 burial grounds conseei^ated. 10,000 miles covered in his visita-
tions, "88 confirmations, 6,732 above 16 confirmed." Some have
left from unsettled minds, and whole bodies have united with Dis-
senters and Romanists from want of Church. Sir Thomas Cochran's
good assistance.

A letters of Dec. 17. Respecting Mr. Barwell. Mr, R. Wiggins
gone to Amherst, Westmorland and Shediac.

To Rev. C. Milner. Respecting the question of his transfer from
Sackville.

To Rev. A. Hamilton (notes of letters). Miss Weeks recommended
as successor to Miss Bailey at Annapolis. Expenditure on church
at Tor Bay. Other matters.

To Rev. A. Hamilton (notes of letters). Nominated Henry
James Fitzgerald to Vacant scholarship.

To Rev. A. Hamilton (notes of letters). Population of Lunen-
burg county, 9405, viz.: — 2119 church people, 2897 Lutherans, 1916
Calvinists, 1192 Baptists, 844 Methodists, and 437 Romanists.

To Rev. F. Coster. Respecting irregularities in Marriage observ-
ances in Nova Scotia and New Brunwick.

Notes of letters to Archdeacon Hamilton. A. C. Somerville
ordained and recommended. Thomas Maynard nominated to exhibi-
tion. Proiposal of Bishop to require missionaries to send their
reports unsealed through Bishop or Archdeacon, and prohibit the
circulation of unauthorized tracts. He encloses letters from persons
whcm he names. March 28, Drew on Society for Propagation of
Gospel in favour of George N. Russell for £50 to assist in the in-
struction of schoolmasters in National System. Charles Walford to
be an exhibitioner.

To Dr. Barrett (Notes of letter). Mr, Nesbitt ready to go to
Bermudas.

To Society for the Promotion of Christian Knowledge (notes of
letter) in behalf of the College. Explains its wants.

To Rev. W. Parker. Enclosing a bill of £100 on the Society far
the conversion of negroes, for the negro school in Bermuda.

To Archdeacon Hamilton. Respecting Mr. Nesbitt, whose reports
he encloses. Census forwarded. Respecting Marriage Laws. The
Chu'rch of Scotland and Methodists taking no part in the applica-
tion on the subject. Religious Congregation Act forwarded. It
gives a sort of establishmont to every sect now in existence. Hopes
Home Government may interfere. Archdeacons Spencer and Best
about sailing. Some comments on the latter. Forwarded applica-
tion from Gay's River for assistance with church. Forwards letters
from Mr. Twining, making comments upon them.

To Rev. S. Wix. Forwarded Judge Wiswell's statement relative
to the Indian Settlement at Bear River, with the hope that it may

272

CANADIAN ARCHIVES

1825.
December 21.

182S.
November 17.

November 24.

November 24.

November 28.
November 29.

December 3.

December 9.

December 18.

1829.
January 26.

January 26.
April 4.

4 GEORGE v., A. 1914

interest the New England Company. Hopes, also, for continuance
of allowance for negro school at Preston.

To the Bishop of London. Requesting the ordination of Mr.
Richard Tucker of Queens, Cambridge, for Bermudas.

To Archbishop of Canterbury. On same subjects, and for further
assistance to College, for building 1>iuid and 2 senior scholarships.

The Churchwardens of St. Paul's. Archdeacon Willis informs him
that the churchwardens cherish the hope that upon his arrival he
would take steps to restore harmony in the parish. There is nothing
he would not do, to so desirable an end. Makes an api)ointment to
see them.

To Rev. S. Bacon, Miramichi. Mr. Archibald Gray has been
admitted to the order of Deacons, and is being recommended as
assistant to Mr. Bacon.

To Rev. Dr. Thompson. Respecting the disagreement between
Dr. Thompson and his church officers. The Bishop urges Dr.
Thompson to seek a transfer, though he is persuaded it will be a
serious loss to the church.

To the Churchwardens of St. Stephen's. Respecting the church
trouble. If it continues the Society may remove their missionary
and not appoint another until a better spirit is shown.

The Bishop drew on the Society for £50, the last moiety of the
Society's grant to the church at Pictou.

To Rev. Anthony Hamilton- (Notes of letter). Archibald Gray
and John Moore Campbell made deacons, the former to go to Mir-
amichi, the latter to Comwallis. Messrs. Parker, Moody, Desbrisay
and R. Wiggins admitted priests. Mr. Crowell has gone to Woodstock,
Mr. Whalley to Granville, and Mr. N. Arnold to Sussexvale.
Church at Pictou finished. W. King well received. Sackville
Church burnt. Mr. iConnolly mentioned and Mr. Wix. Mr. Hayden
has received Society's resolution respecting him. Haley recom-
mended for exhibition. Mr. Nesbitt's superintendence at Preston
and Hammond Plains to terminate. Comfortable account from
Bonavista. Catalina and Salmon Cove request assistance.

To Ladies' Negro Educational Society. Thanks for £50. Per-
manent funds greatly desired. Mr. Nesbitt going to Bermudas.
Favourable reports from Messrs. Pott and Hoare of their schools.

To Archdeacon Hamilton. Priests ordained and sent to Dart-
mouth, Liverpool, and Amherst and Westmorland. S. E. Arnold
ordained and going for few weeks to Cornwallis, then Fredericton,
thence to Shediac, if possible to give attention to Richibucto.
Samuel Denny Lee Street applied for Orders. Subscription to Sack-
ville Church doing well.

To Ladies' Negro Educational Society. Drawing for £25 in favour
of Mr. Nesbitt, who has sailed for Bermuda.

To Rev. J. C. Cochran, Lunenburg. Gratified with application
of Rev. W. Temme and many of his congregation to unite them-
selves with established Church. The union may be efl^ected the more
easily as the Church of England and the Lutheran church have
regarded themselves as sisters. Discusses arrangements.

Drew on Society for £50 for assistance in building church at
St. Mary's near Weymouth.

To Sir Howard Douglas. On his departure from his Government.

CANADIAN ARC HIVES

273

SESSIONAL PAPER No. 29b

182S.
Hampton,
December 26.

Hampton,
December 26.

1829.
April 10.

April 11.

April 10.

April 11.
April 13.

March 6.

May 6.
March 7.

July 7.

August 27.

29b— 18

Eev. J. Cookson to Bishop. Owing to discontent he wishes to
resig'n.

Samuel Wallett to Bishop. Respecting Mr. Cookson's resigna-
tion.

List of papers sent by Bishop to Archdeacon Hamilton.

To Archdeacon Hamilton. Free chapel at St. John liable to
jealousy. Chapel of ease preferable. Troubles at St. Stephen's not
yet healed. Mr. Cookson's melancholy case. Messrs. Street, A.
Wiggins, T. H. White and J. S. Clarke to be ordained. Society's
sanction for employment requested. Newfoundland, pension to Mr.
Thomas at Silby Cove. £125 a year to O. Weeks. Grants for
several small churches and schoolmasters to Placentia. Bermudas,
Mr. Murray as curate to Mr. Hoare, Mr. Nesbitt gone thither. Nova
Scotia, Mr. Henderson schoolmaster for Margaret's Bay or elsewhere,
M. Smith for Truro; Jacob Thomas Dickson for Onslow, Mr.
Alexander for Newport recommended. Mr. Clarke employed in
Sunday visits to Preston and Hammond Plains. Mr, Campbell still
at post and doing better. John Thompson and Charles Shreve for
scholarships. — -Johnson for an exhibition. Draws attention to James
Cochran's scheme of uniting Church and Lutherans; £12-10 for
Porter's I-iako Church will not be drawn till wanted; grant to Sack-
ville church very opportune, grant of £100 passed Assembly but was
rejected by Council.

To Ladies' Negro Educational Society. Sending 2 letters from
Mr. Nesbitt.

To Rev. S. Wix. Respecting negro schools.

To Society for P. C. K. Enclosing letters from Rev. James
Cochran.

To Rev. Dr. Barrett. Respecting expenditure for negro schools
in Bermuda,

To Archdeacon Hamilton. Concurs in suggestion that Arch-
deacon of Newfoundland should reside in St. Johns, particularly in
view of fitness of recent incumbent. Some other suggestions of
Archdeacon approved.

To Rev. Geo. McCawley. Respecting Mr. Slason. (The terms
of letter art- very obscure).

To Chaplain General. Dr. Twining has applied to the Bishop
for a testimonial to assist him in obtaining the appointment he
desires. His services as a chaplain have been satisfactory, though
his employment in Halifax would be inexpedient.

Rev. S. Wix to Archdeacon Hamilton. Bishop is ill, hence Mr.
Wix writing for him. Death of Archdeacon Best. Archdeacon
Coster recommended as successor. Owing to difficulties at Windsor,
Dr. Porter's removal might be benefit to College. The Bishop
regrets making this recommendation. Dr. Porter might do very well
at Fredericton. Then Archdeacon Coster might be placed at head of
King's College. If the Archdeaconry in Newfoundlajid became
vacant, the Bishop recommends Mr. Wix, if his age is no impediment.
He gives particulars of age and services. He describes the steps
necessary to the appointment of an Archdeacon.

To Colonial Secretary. Nominating Archdeacon to the vacant
Ai'chdeaconry of New Brunswick.

274

CANADIAN ARCHIVES

October 14.

1834.

June 12.

1831.
November 19.

November 19.

November 23.

December 31.

4 GEORGE v., A. 1914

An extract, from the Royal Letters Patent erecting Arch-
deaconries in Nova Scotia, empowering the Bishop of Nova Scotia
to collate to archdeaconries.

To Rev. B. G. Gray (extract). An informality in the dedication
of the church at Portland.

Drafts for £25 for church at Margaret's Bay; £100 for church
at New Dublin; £100 for a sehoolhouse in Bermuda; for £85 for
salaries to 6 teachers of negro schools in Bermuda; £100 for the
church at Arichat.

To Rev. F. H. Carrington. Mr. Wix nominated to Archdeaconry of
Newfoundland. He will proceed at once to St. Johns. Bespeaks
good will of clergy. He will have to take charge for a time of the
churches at Portugal Cove and Torbay.

Draft for £100, grant to Sackville church.

To Viscount Goderich. Replying to an enquiry as to why the
Pictou Academy should be cause of trouble between the Church and
Dissenters, the Bishop declares that such is not the case. The real
question is between the Kirk of Scotland and Dissenters from the
Kirk. It has been the policy of the advocates of the Academy to
keep this out of view, but this is no longer possible. Full evidence
on the point is in the Colonial Office.

Asks for a vessel from the Admiralty to visit settlements on the
Gulf of St. Lawrence and in Newfoundland.

To R. W. Hay. Urging that the casual revenue of Nova Scotia
be relieved of some of its charges and that it be made available for
the Church and College. All hopes of a speedy increase in these
revenues will prove illusive. Similar sanguine expectations were
entertained of the Shubenacadie Canal, but it is now spoken of as a
complete failure. The president told the Bishop the day before that
£50,000 would be required to complete it. There are prospects of
much distress from the failure. No speedy increase may be looked
for from the coal mines, either. As respects the union of King's
and Dalhousie colleges, which has been spoken of, any diminution
of the Parliamentary grant would involve the whole in ruin. There
are now £400 expended on the Collegiate schools at Windsor. This
is only a temporary aid from the Society for the Propagation of the
Gospel.

To Archdeacon Coster. Respecting nominations to scholarships
at King's College, Fredericton. He lays down the principles to be
observed in selecting students therefor. The Society were compelled
to pass a resolution that they could no longer avithorize the Bishop
of Nova Scotia and Quebec to open new missions, and that their
scholars when ordained must be employed with a salary of £100 a
year until missions are vacant.

To Churchwardens at Annapolis. Glad to learn Mr. Trimingham
is satisfactory but he deprecates applications on behalf of individuals,
as embarrassing to him in selecting pastors for vacancies. The
Society for the Propagation of the Gospel having announced their
intention of withdrawing their assistance in cases where congrega-
tions show little or no disposition to help themselves, the Bishop
cannot promise the continuance of a missionary among them unless a
house be provided for him and a regularly secured income of at
least £50 a year from the Churchwardens of the different churches.
Dissenters support their own ministers, and it is contended church-

CANADIAN ARCHIVES

275

SESSIONAL PAPER No. 29b

December 2.
December 9.

December 10.

December 13.

December 28.

December 29.

1832.

January 7.

February 8.

February 15.
February 16.

February 14.

men should do the same. Parliament looks critically at the circum-
stances of the churches in Nova Scotia.

To Rev. T. A. Grantham. Declining to accede to his application
for transfer from Yarmouth to Annapolis. Gives his reasons.

To Rev. James Robertson. On his untimely arrival in New Bruns-
wick. Expected he would have gone to Newfoundland, as the Bishop
had advised in London. No vacancy in New Brunswick. Cannot
give more than £100 a year while waiting for a vacancy.

To Rev. T. Salt. Respecting charges of unsatisfactory manage-
ment of the school under his chaise. The Governor's right and
duty to insist on investigation.

To John Dunn. Replying to a letter respecting Ordination. For
reasons given in foregoing letter, the Society will authorize no new
missions. Whether Grand Manan can be considered a new mission,
he does not know, but will enquire from the Society. In any case,
though, unless the parish will guarantee at least £50 a year and a
comfortable home, the Society would not give any support.

To Archdeacon Hamilton. (Notes of letter). Archdeacon Coster's
dreadful fire; recommending a grant of £200 to him. Re Mr.
Robertson's case; Grand Manan. Mr. Trimingham recommended
for £30 for attending Dalhousie, in addition to his deacon's salary.

To Vice Admiral Sir Edward ColjMjys. Requesting a vessel for his
pastoral visitations to Newfoundland and Gulf of St. Lawrence.

To Rev. F. Salt. Respecting his difficulty with the School, and
suggesting his resignation.

To G. F. Street and Eu W. Miller. Commends their desire to
erect a parsonage and increase the comfort of the rector, but depre-
cates a change of Glebe which appears to be bound up with their
plans. (This is in Fredericton).

To Rev. G. Dodsworth. An admonitory letter.

To Sir Peregrine Maitland. If it be thought proper to apply the
lands granted for a Dean and Chapter for the support of the Bishop,
he tells them how to proceed. But he intimates that even with the
best management, it would be impossible to extract any considerable
revenue from the lands.

Over 40 years before, his father began the improvement of 10,000
acres, of good land, and the work has gone on ever since. Upwards of
2,000 acres have been cleared at an expense of £7,000. There are
about 30 tenants residing on the land. The nominal rent does not
exceed £200, and £20 have never been received in any one year,
in money. Whoever has the energy that would enable him to pay
rent, can become a landowner even if he has no money. It is also
to be remarked that almost all the business of the country at any
distance from Halifax is transacted by barter.

To Sir Rupert George. Giving statistics respecting Ecclesiastical
aifairs in Nova Scotia. There are about 30 parishes and about 62
churches, served by 29 missionaries from the Society for the Pro-
pagation of the Gospel. Most of the parishes have glebes of from 400
to 600 acres. There is only a life interest in them which dis-
courages cultivation. He suggests at least 500 acres in every 32
square miles, for glebe purposes, and would secure these by grant.
The glebes so secured will increase in vdue, but some provision for
their security and improvement should be made by an Imperial Act,
applying to all the colonies. No time should be allowed to run

29b— 18i

276

CANADIAN ARCHIVES

March 15.

April 19.
April 21.

March 19.
June 23.

1833.
January 25.

January 25.

February 13.

4 GEORGE v., A. 1914

against them. They should be secured from trespass by easy pro-
cess. Provision should be made for long leases, and in exceptional
cases, for their sale. But the consent of the Bishop should be neces-
sary for the former, and of the Governor and Bishop for the latter.
In all cases involving considerable amounts in which the Church is
concerned there should be an appeal to England. This was the posi-
tion in New York with very happy influence. As the Church of
England is established in Nova Scotia in 1758 by a Provincial act
of 32 Geo. II, cap. 5, and as incumbents are regularly instituted and
inducted he has always supposed the Parson has a freehold in his
rectory as in England.

Copy of a letter to the Provincial Secretary of Nova Scotia, with
an abstract of the Ecclesiastical State of the Province.

To the Kector and Churchwarden of Granville. It has become
necessary for all cl^u^chmen to exert themselves more than they have
done. In a place so extended as Granville, greater efficiency in
superintendence might be secured if there were church or chapel
wardens and vestrymen in each district, or at least for the middle
and lower districts. The upper district might perhaps be advan-
tageously divided between the middle district and Bridgetown, and
hereafter separate parishes may be legally formed if experience shall
prove that the lines are rightly drawn.

Bill for £25 as part grant for Church at Bear River.
To Archbishop of Canterbury. Respecting the union of King's
and Dalhousie which is desired by Lord Goderich. The Boards of
the two colleges are ^willing. There was dissent on the part of the
Speaker of the House of Assembly, and of the Solicitor, the object
of which is to prevent any connection between the Established
Church and the United College. The Governors do not feel war-
ranted in relinquishing all control; chiefly on account of the
character of the college as the handmaid of the Church.

The provision for Pictou Academy which is named in the Attorney
General's reasons for dissent has been effected by the Legislature,
but the question of union has been postponed until the following
year. Invites attention to Lord Goderich's advice that the College
grant would be reduced from £1000 to £500 for the year, and would
entirely cease after 1833, and points out the various unfortunate
consequences of this determination.

Bill for £25j part grant to St. Peter Chapel, Eastern Passage,
Dartmouth.

To Rev. W. B. King. An admonitory letter.

To Archbishop of Canterbury. Enclosing a duplicate of a mem-
orial from the Governors of King's College to the Colonial Secretary,
and requesting his assistance.

To Lord Goderich. His Lordship deprecates applying to Admiralty
for ships of war for pastoral visitations. Presents his view of the
case, showing the extent of his journeyings.

To Lord Howick. In reply to a request that in future pastoral
visitations his suite may be limited to as small a number as possible.
He explains and promises to comply.

To Archdeacon Coster. Discusses and criticizes a practice of
instituting first for one parish and afterwards to another; sub-
alienation would be denied at Fredericton ; Prince William should be
divided as soon as possible ; re removal of Mr. Wood ; had a number

CAKADIAN ARCHIVES

277

SESSIONAL PAPER No. 29b

February 25.

March 26.

October 30.

November 14.

1834.
March 26.

April 28.

May 7.

June 15.
June 15.

December 29.

1835.
January 15.

January 17.

April 13.

June 19.

April 10.

of enquiries from Jarvis (Geo. S., D.D.). He states no glebe or
church land has been secured in Hampstead or Wickham; when the
church is altogether separated from the State and from the Society,
he will concur in the expediency of a mixed convention; respecting
vacancy at Shediac.

To Lord Goderich. Clergy and Members in Xew Brunswick dis<-
turbed by sale of Eeserved Lands; he recalls a proposition of Clergy
Eeserves similar to those in Canada; the Society for the Propaga-
tion of the Gospel, formerly unwilling, is now willing to accept the
trusteeship of the lands; Clergy in Prince Edward Island uneasy
over disposition of lands; some jealousy shown to land grants to
Church in Nova Scotia.

To Rev. J. Connolly- (Extract). Eespecting ar:; ncemcnts during
his absence from the Parish. The Baptists are taking every advan-
tage of his absence.

To Eev. J. Burnyeat. Eespecting desire of people at Gay's Eiver
and Musquodoboit for regular supply. Eeduced circumstances of
Society makes self help on part of people a necessity.

To Et. Hon. E, G. Stanley. Inviting attention to a number of
memorials for the clergy in his Diocese, and making a strong plea on
behalf of the elergy, whose reduced means is entailing suffering.
Many cases of suffering have been reported from New Brunswick and
Newfoundland. The clergymen entered on their duties on the faith
of a positive engagement, and it is incumbent on the Government to
keep that faith.

To A. Gou. Eespecting a trust fund in his hands.
To Justice Chipman. Asking for information respecting Charles
Wiggins, who is a candidate for Holy Orders.

To Lieut. Governor Young. On the question of employing Mr,
Joseph Walpole.

To Eev. A. Gray. Eespecting certain charges against him.
To Churchwardens at Sackville. Eespecting the charges against
Mr. Gray.

To Archbishop of Canterbury. Eespecting the charges against
Mr. Gray.

To Eev. A. Gray. Eespecting the charges against him.
To Archbishop of Canterbury. Inviting attention to the Library
of King's College, and asking whether the publication of the Eecords
Commission which are being sent out, might not be deposited in
this Library.

To Archbishop of Canterbury. Thanking him for his compliance
with foregoing request. The impossibility of union between King's
and Dalhousie, without surrender of charter and violation of prin-
ciples. The Governors of College making representation to Secretary
of State. Condoling with Archbishop on recent affliction.

To Eev. C. Porter, D.D. Eespecting the affairs of the College.
The Governors of the College are called upon to surrender their
charter and submit to the Legislature the power of framing a con-
stitution. The removal of the college to Halifax is considered a
proper measure. The despatch supposes the establishment of Dal-
housie college to be a popular measure thwarted by Governors of
King's College.

To Sir Colin Campbell. He has prepared a memorial to Secretary
of State respecting King's College, which he desires Sir Colin to

278

CANADIAN ARCHIVES

June 26.

June 26.

July IS.

October 2.

October 29.
November 11.

4 GEORGE v., A. 1914

forward with a private letter. Gives reasons why the Legislature
in Nova Scotia cannot make adequate provision for the College —
the reasons are predominent influence of the Church of England,
the lack of liberal education among members of the Legislature,
and the desire of the members to devote educational funds to local
inferior schools. All this in his view increases obligation of British
Government to make adequate provision.

To Archbishop of Canterbury. Sends with approval of Lieut.
Governor copy of a despatch, which in the Bishop's opinion involves
the destruction of King's College.

To Archbishop of Canterbury. (Confidential). Sir Colin Camp-
bell has received a despatch from Downing St. stating that they
cannot imagine that the Governors of King's College will refuse to
surrender their charter, but they are prepared for such action. Mr.
Grant intimates the Governors' hands will be forced by Legislation.

The Governors, though one is a Presbyterian and the other a
Baptist, are unanimous in retaining their charter and conceive they
have no legal right to surrender it. The diificulty appears to have
arisen from the demands of the college for assistance. The Minister
thinks quite fallaciously that by union of the colleges, the Legis-
lature would give adequate support. Great objections to having
appointments for the united colleges open to all denominations or to
those of none at all. The benevolence of the Society for the Propa-
gation of the Gospel will enable the college to live, and if the Govern-
ment will not help, it is desirable they should leave the college alone.
The Government would scarcely undertake to interfere with the
property of colleges belonging to other denominations.

To Archbishop of Canterbury. A second despatch has been
received urging the surrender of King's College charter. He has
written to Sir Colin Campbell on subject, who will forward it to
Downing Street. Dalhousie College, which was established against
the judgment of Council, is unpopular. There is no desire for union,
but if the suggestion of it becomes known, there are many who would
be glad to strike at the Church. He would be satisfied to have pro-
fessorships open to distinguished scholars of other denominations,
if the statute could be altered. This he leaves for the ArchbLshop's
consideration. A pension of £400 is provided for Dr. Porter by
Government, who are ready to raise it to £500 when he takes charge
of the new college.

To Eev. W. B. King. Asking him if he would take charge of some
boys at the school, during a vacancy.

To Rev. G. Townshend. Respecting his duties regarding adult
candidates for baptism, and other matters.

To Archbishop of Canterbury. The crisis regarding the College
is at hand. Lord Glenelg agreed to witlihold the decision of the
Government until a report from the Governors was received. It now
goes forward. It is the work of a Presbyterian, and a fair statement
of the work* of the college. The Solicitor General, a Baptist, dis-
sented from the report but as it has the support of the majority, it
is being transmitted. It is hoped that Lord Glenelg will be satisfied
that any attempt to destroy the connection between the college and
the Church, or to violate the Charter will be an act of violence and
injustice. The adoption of Divinity Scholarships by the Society

CAXADIAX ARCHIVES

279

SESSIONAL PAPER No. 29b

1836.
September 7.

November 14.

November 14.

1837.

March 9.

March 23.

March 22.

for Promoting Christian Knowledge would generally strengthen
their hands.

To Sir Archibald Campbell. Thanks for copies of correspondence
with the Colonial Office respecting Clergy Eeserves in ISTew Bruns-
wick, and for His Excellency's promise to make grants of these
Reserves wherever there are corporations to receive them. He sug-
gests that where there are no corporations, the lands be turned over to
the Society for the Propagation of the Gospel in trust. Makes a
suggestion respecting the sale or exchange of these lands.

To Archbishop of Canterbury. Inviting his attention, as Patron
of King's College, to a proposed change in the statutes of the
College, making a graduate of King's College eligible for the presi-
dency of the college, as well as graduates of Oxford, Cambridge, or
Dublin.

They had a suitable man in the Reverend George MoCawley. D.D.
It would be absurd to confine it to the universities abovementioned,
when the Parliamentary Grant was withheld.

To Archbishop of Canterbury. Notwithstanding an order from
the Colonial Office to surrender their charter, they have put their
buildings in thorough repair, thus removing one argument against
continuance. The college and collegiate school are in a very efficient
state. But the loss of Divinity scholarships has left them without
candidates for Holy Orders. He asks if the Society for the Pro-
motion of Christian Knowledge cannot be induced to provide the
requisite funds.

To Archbishop of Canterbury. EpcIoscs decision of Governors
respecting the despatch of Lord Glenelg. Very satisfactory.

The Speaker of the Assembly and the Solicitor General have de-
clined to agree to the resolutions, the former because he did not
wish to commit himself on a matter which might be the subject of
debate. Mr. Johnson, the Solicitor General, turned from the Church
of England to the Baptists, which accounts for his desire to separate
the college from the Church. Mr. Johnston states that as soon as
all doubts are removed as to the connection between the two, he wiU
assist in the improvement of the college, but he thinks Lord Glenelg
has left the question in doubt. If His Lordship can be induced to
say that he has no intention of interfering again, then all the
Governors will co-operate to promote the prosperity of the College.
He just learns that the Committee of the Society for the Propaga-
tion of the Gospel has recommended £200 annually for Divinity
Scholarships. If the Society for the Promotion of Christian Know-
ledge would do the same, the prospect would be greatly improved.

To Archbishop of Canterbury. Private. Respecting the reser-
vation of Crown Lands for Church puri:)Oses in Prince Edward Island.
There is still some lands ungranted, and more will probably escheat
to the Crown. But more important than the land is the acknow-
leledgment of the Church's position in the colonies. This will
silence the enemies of the Church, who are now very active. Re-
specting the position of the Antiburghers in 1834.

To Sir John Harvey. Forwarding a copy of a letter sent to the
Archbishop of Canterbury. He has alluded to the alleged reasons
for the passage of the Act for the sale of Glebes in Prince Edward
Island. He has answered the only weighty one. The others are the
anticipation when the grants were ordered of a large number of

280

CANADIAN ARCHIVES

April 12.

April 26.

May 22.

1840.
December 30.

1841.

April 3.

4 GEORGE v., A. 1914

foreign Protestants as settlers, the consent of the parties interested,
popular clamour. To the first of these reasons it is enough to say
that the foreign settlers never came. He tells of his experience with
French and German Protestants in Nova Scotia. The second
reason he does not understand, though it may refer to the acquiescence
of the Church members in the Legislature. This seems to him for
reasons given to be of no value. As for popular clamour, it should
be resisted firmly.

To Rev. Dr. Shreve. Calling his attention to overdrafts on the
funds of the Society, and saying that the Society demands repay-
ment.

To Sir John Harvey. Explaining the terms of his former letter.
He vrished to impress on the Colonial Secretary that a wrong had
been done the Church in Prince Edward Island, which unless checked
would be a warrant for further irregularities. He thought revenues
might be obtained from three sources: remaining Crown Lands,
escheated lands, and from gifts from proprietors, who might be
allowed to treat every acre so granted as an acre cultivated. He
agrees with His Excellency as to the need of more clergymen.

To Archbishop of Canterbury. Respecting alienated glebes in
Prince Edward Island. Many were under improving leases, and
would be no impediment to improvement of Island. On two of the
glebes, burial places had long been used, and these were sold with
the rest. As the Legislative act authorizing the sale of lands stipu-
lated that the proceeds would be used for educational purposes, the
Government might make some restitution by appropriating the
monies to schools which may be established by the Society for the
Propagation of the Gospel whose schools are devoted to general
education among all denominations, regarding the poor especially.
Sir John Harvey wishes to appropriate as much of these funds as
possible to the National School at Charlottetown, the only institu-
tion on the Island connected with the Church. His Excellency about
to recommend a plan by which lands liable to it may escheat to the
Crown, which is encouraging. Of the thirty clergymen of his Arch-
deaconry, 26 were educated at King's College, which shows the im-
portance of the institution.

To Churchwardens at Clements. He is, in accordance with their
wish, settling the Rev. W. M. Godfrey, in their parish, on the under-
standing that they will comply with the conditions laid down by the
Society of the Propagation of the Gospel.

To Lord John Russell. Respecting King's College, New Bruns-
wick, and the question of altering its charter. The contentions of
the Presbyterians and Baptists make it impossible to adopt the
institution to ihe desires of the several denominations. The Roman
Catholics would have nothing to do with it, while the Methodists
are satisfied with it as it is. The Bishop asks that no change be
made in the charter till a Bishop has been appointed for New Bruns-
wick. There is now in the Province, Roman Catholic, Baptist and
virtually Presbyterian universities, all authorized by Provincial Acts.
They are all open to students without religious tests, but each is
under its own religious society. Similar institutions tvill be found
in New Brunswick. A Baptist seminary is well advanced. If the
King's College charter is altered, the Church of England will be
alone without a college of its own.

CANADIAN ARCHIVES

281

SESSIONAL PAPER No. 29b

April 6.

April 19.
July 30.

July 27.

August 3.

August 20.
September 30.

November 27.

1842.
January 26.

January 26.

March 1.

To Sir Kupert George. Respecting a letter from a Mr. TJpham
with regard to the school lands in Onslow. The Bishop enters into
a long history of the handling of the school lands in this township
from the beginning, in explanation of the course pursued regarding
the lands.

To E. A. Cotton. Respecting the activity of the Colonial Church
Society, which the Bishop considered hurtful within his diocese.
He requests that this Society may take some otlier field for the
exercise of its benevolent interests and intentions.

To Viscount Falkland. Advising him that the Rev. W. C. King,
missionary at Windsor desires to retire on the 1^* October following.
He has had 45 years service. The Bishop recommends £100 per
annum pension.

Rev. W. C. King to Viscount Falkland. Resigning his charge
and asking for a pension of £200, which he was assured of, if in-
capacitated by age or infimity. He regrets the adverse views of
the Bishop.

The Bishop of Nova Scotia to the Society for the Propagation of
the Gospel. Recommending the acceptance of Mr. King's resigna-
tion, and regretting that for certain reasons he cannot recommend
a pension for over £100 a year.

To Viscount Falkland. Criticising a list of questions which are
being asked of various persons respecting school lands.

To Archbishop of Canterbury. Enclosing a communication from
Chief Justice Chipman of New Brunswick respecting the appoint-
ment of a bishop for that province. Sir John Harvey was convinced
that it would be desirable to obtain some clergymen of means
sufficient to make the salary a matter of indifference. Sir William
Colebrooke is of the same opinion. Having just returned from that
Province he can testify to the prevalence there of an excellent feeling
towards the Church. Samuel Scovil, who is related to several of the
clergy in New Brunswick, desires to donate by his will for the main-
tenance of a bishop, a property now worth £5,000, and which will
increase in value. The Bishop asks that Chief Justice Chipman be
made an incorporated member of the Society for the Propagation
of the Gospel.

To Lieut. Govenior of New Brunswick. Gratitude to Colonial
Secretary for his desire to secure the interests of the Church when
any Colonial legislation is proposed. After careful consideration he
has no objection to the Act of the Legislature of New Brunswick
relating to the Parish of Portland.

To Viscount Falkland. Respecting a despatch from Lord Stanley
asking the Bishop whether he would acquiesce in his exclusion from
the Board of Governors of Dalhousie College, a bill relating to which
is now under consideration. The Bishop cannot feel warranted in
acquiescence.

To Viscount Falkland. (Private). Commenting on the Dalhousie
College Act. He criticises it as not conforming to Lord Dalhousie's
views as expressed in his letter to Dr. McCulloch. The personel of
the Board of Governors is animadverted upon, and the degree con-
ferring powers, which he observes to be an addition to the new Act.

To Vice Admiral Sir Charles Adam. Applying for a vessel to
enable him to visit parishes on the Gulf of St. Lawrence, and in
other districts otherwise inaccessible. .

282

CANADIAN ARCHIVES

March 5.

Fredericton,
January 31.

March 15.

December 19.

1843.

May 5.

November 9.

May 10.

1S44.

September 21.

4 GEORGE v., A. 1914

To Archbishop of Canterbury. After receipt of His Lordship's
letter, he communicated with the Lieut. Governor and Chief Justice
of New Brunswick on the question of a bishop for that Province.
He encloses a letter from the Chief Justice leaving the matter in
the hands of the Archbishop. A lady at Digby has conveyed by deed
a house and 2 acres of ground in that town for the support of a
Rector there.

Chief Justice Chipman to the Bishop of ISTova Scotia. (Enclosed
in foregoing). Stating objections to opening a subscription for a
fund in aid of a separate bishop for New Brunswick. (1) The Lieut.
Governor is against it, as he proposes applying to the Legislature,
agreeing, if necessary, to similar aid being extended to other denom-
inations. He hopes for some advantage from this course. (2)
There is not sufficient assurance that the clergyman selected will be
from among the clergy of England. (3) The fear that there may
be an agitation in favour of Dr. Jacob, among the part of the clergy
favourable to the Colonial Church Society.

To Lieutenant Governor of Nova Scotia. Enclosing a statement
respecting the Yarmouth glebe, and a copy of the lease of the Parade
ground from the E-ector and Churchwardens to the Commanding
Officer of Militia. The wardens desire to regain control of the
property.

Chief Justice of New Brunswick to the Bishop of Nova Scotia.
Resj)eeting a subscription for a fund to assist in the maintenance
of a bishop in New Brunswick. The Chief Justice states that a
certain clergyman gave out two years before that he had the promise
of the appointment, and there has been no contradiction so far. This
person, according to prevailing opinion, is unsuited to the office.
Hence the subscriptions are made dependent on the appointment
being made from among the clergy in the Mother Country. The
management of the subscriptions is being intrusted to various hands.

To Rev. Mr. Jenkins. Hears of a new missionary coming to
Prince Ed'ward Island. As this is the first intimation, fears he may
have been sent out by the Colonial Church Society, li so he will
be much concerned. Warns Mr. Jenkins, and through him, the other
clergy, against admitting to their pulpits any person unlicensed by
the Bishop. Mr. Jenkins is to give no institution, except by instruc-
tion from the Bishop.

To Sir Rupert George. In compliance with a request for an ex-
planation which will enable the Colonial Secretary to decide whether
the expense of the trip taken by the Bishop and his chaplain in July
and August previous should be borne by the public.

To Lieut. Governor of Nova Scotia. As to the powers of the
Lieut. Governor and Council to divide existing parishes under the
Act of 1759. Doubts have been suggested by the Attorney General
as to whether the Act, in authorizing the creation of new parishes,
also empowered the Lieut. Governor and Council to divide parishes,
or to create new parishes within the limits of old ones. By way of
argument for the power, he points out that in contradistinction with
the facts in Great Britain, a parish here is merely an ecclesiastical
division having no applicability outside the members of the Church
of England.

To Lieut. Governor of Nova Scotia. Asking for the removal of
the building, called the Gun House, from the Glebe property in
Yarmouth.

CANADIAN ARCHIVES

283

SESSIONAL PAPER No. 29b

March 27.

1845.
September 15.

December 27.

December 29.

1847.
December 1.

1S4S.

May 3.

1849.

April 6.

To Lieut. Governor, Prince Edward Island. Respecting Mr. Lally
and the school at Georgetown. The Bishop is prepared to assist as
far as may be consistent with the principle that, in the application
of the School fund, shares should be allotted according to the pro-
duce from the Glebe lands in the district applying.

To Chief Justice Jarvis. Respecting the son of the Chief Justice,
who is turning towards the Church as a profession.

To Archbishop of Canterbury. Forwarding a memorial from the
Governor of King's College, Windsor, to the Colonial Secretary, and
asking him to support it and thus save the College from what would
seem impending ruin.

To the Archbishop of Canterbury. (Private.) A lengthy statement
of the case for the College at Windsor. After explaining the reason
for the feebleness of the position, due to the Dissenters on the govern-
ing board, and the attitude of the Lieut. Governor, he discusses the
political advantages of the Church. " If the large proportion of
proved Loyalists at the close of the Revolutionary War, who belong
to the Church, were duly regarded; if the similar proportion of
Churchmen among the unflinching Loyalists in the late Canadian
Rebellion, were kept in view, — and if a like proportion among the
friends of England in Foreign America, who belong to the Protestant
Episcopal Church, should be kept in view, this practical view vpould
supply evidence that even the political effect of a due support of the
Colonial Church is not undeserving of the attention of Government."
He then takes up the stimulus given to higher education throughout
the Province, by the high standard of Windsor, and the inadequacy
of land grants to furnish proper maintenance. " It has some times
been urged, as a reason against grants from Parliament for objects
in these Colonies that their separation from England must be con-
sidered a probable event at some future day. This apprehension does
not interfere with large expenditures made, no doubt with good judg-
ment, for their defence against an invading enemy. The fortifica-
tions thus erected will probably be instrumental in postponing the
period of such separation. The sound principles ; the pure religion ;
the warm loyalty which our institution has cherished and will con-
tinue to cherish, may be as instrumental as fortifications in retaining
the connection which now happily subsists between the parent and
the child, while the expense is as nothing." There is no argument
adduced in support of grants to Maynooth which might not be applied
to King's College.

To Rev. R. F. Uniacke. . With reference to the Colonial Church
Society.

To Archbishop of Canterbury. Congratulations to the new Arch-
bishop (Sumner), and a statement of his relation to the King's
College.

To Archbishop of Canterbury. An attempt is being made to give
Legislative recognition to what appears to be an exercise of supre-
macy on the part of the Pope. Forwards a copy of the bill to incor-
porate the Roman Catholic Bishop in Halifax, together with his
protests, and asks for guidance.

4 GEORGE V.

SESSIONAL PAPER No. 29b

A. 1914

INDEX.

A Page

Adams, John, French distrust of 167

asks for instructions re treaty of

Commerce 171

suggested instructions to 171

unsuitability of, as foreign repre-
sentative, 1781 177

unsuitability of, as negotiator for

peace 181

shortcomings of, as negotiator. . . . 183

activities of, in Holland, 1781 186

objected to as negotiator 188

distrust of, by France, 1781 190

Congress considers recall of, 1781.. 192

selected as Peace Plenipotentiary. . 193
deprived of powers of treating alone

for Commercial Treaty, 1781.. .. 197

French appreciation of, 1781 203

activities towards Holland 209

English Members approach 209

Adams, Samuel, Action of French Minister

against, 1781 191

opposes Bank project, 1781 196

course of, respecting fishing rig'hts.. 219
Addison, Reverend Robert, appointed

missionary at Niagara 251

Adin, Reverend Mr., Reference to, 265, 267, 268
Age of Maturity, Ordinance fixing the,

in Quebec, 1764 53

Agitators, Evil consequences of favouring. 90

Agricola, Letters of, Subscription for. . . . 123

Aitkins, Reverend Mr., Death of 265

Allan Line of Steamships, Letters and

Documents from 43

Allan, Sir Hugh, Letters from 43

Allcock, Chief Justice, Overbearing con-
duct of 100

Allen, Judge, Reference to 260

Alley, Reverend Mr., Reference to, 266, 267, 269
Allied Armies, Reference to the operations

of, in 1781 201

Allied army. Memorials of, in 1871.. .. 205

Allison, James, Papers of 15

Allsop, G. 'W., letter to Neilson 142

Aniur.one, frigate, returns to America with

funds for the army 171

Ameau, S., Notary, Minutes of 15

American Army, positions of, 1780 153

Britisli attempt to seduce 14t',

being rapidly augmented, 1780 . . . • 157

improved enlistment scheme, 1780 . . 169

affairs of, in 1780 168

necessitous condition of, 1780 169

American Colonies, not prepared for vig-
orous defence 224

1780, increase in number of troops.. 152
attitude of separate colonies on

Financial Bill 152

financial assistance afforded by

France, 1780 153

commerce with France, 1780 154

different schemes for securing inde-
pendence of . . ■ . 154

military affairs of, in 1780 160

PAGE.

observations on controversial points

in negotiations with Spain 164

commerce of, flourishing, 1780.. .. 169

report on commerce of 170

send consul to France 177

invited to accept mediation .^ 183

loan arranged in France for 183

disappointed at delay of French

forces 184

financial arrangements of 198

dependence of, on France 207

French aid to 207

financial transactions of 208

satisfactory situation of 209

criticism of financial schemes of . . . . 209
English reluctance to recognize inde-
pendence of 209

credit impaired by Deane's actions. . 213

secret trade with England 214

require foreign assistance 214

best mode of assisting 216, ::2&

disturbed by French disposition of

subsidies 217

financial distress of 218

sovereignty exercised by each state. 219
France deprecates their hope of fav-
ourable peace with England . . . . 220
must be prevented from making sep-
arate peace with England 221

respecting trade with England.. .. 221
review of principal events in, during

1781 221

attachment of, to France 225

numerous party in, attached to

Britain 225

American Commerce, French efforts to

secure, 1781 174

Prussian efforts to secure share of, in

1781 i-i'4

•expansion of, in 1780 172

British efforts to secure, 1781 174

American Confederation, Policy of France

towards, 1781 175

American despatches to Secretary of

State, 1746-1761 6

American Fleet, French sailors employed

in, 1780 170

American Troops, Movements of iiib

separate from French, during winter. 219

Amgrique Septentrionale, 1746 20

Ambury's, Thomas, "Travels," Observa-
tions upon 100

Amherst, General, Despatches of 42

Amherst, Subscription for church at.. 245, 246
difficulties in filling church at . . . . 266
proposed arrangement for church ser-
vice at 266

arrangement for church service at. 271

priest sent to 272

Andrews. Reverend Mr 229

Andrews, William Eusebius, mentioned.. 136
Anglican Missions in Nova Scotia, Con-
gregations must contribute to

maintenance of 274

286

i2;dex

4 GEORGE v., A. 1914

PAGE.

Angers, Hon. A. R., Letters from 43

Annand, Hon. Wm., Letters from 43

Annapolis, An Act respecting Courts of

Justice, 1771 32

Act altering time for holding Supreme

Court in 38

Plan of Settlement proposed, 1749.. 17

Township Book of, 1790-1853 14

church at, consecrated 251

visit of Bishop Inglis to 227

Annapolis County, Grand Jury Proceed-
ings, 1786-1800 15

Act respecting Supreme Court in . . 36
Anti-Union Bill, Address to inhabitants

of Sorel respecting 133

Anti-Union Delegates : memorandum of,

interview with Mr. Wilmot, M.P. . 139
policy of sending only members of

Assembly 134

Anti-Union Petition, Upper Canada send-
ing, through Montreal 133

being largely signed 135

Governor reluctant to forward.. .. 138
from Upper Canada, addressed to Sir

James Mackintosh 13 9

clergy not to be admitted from .... 130

Anti-Unionists. Activities of 130

Antrobus, Mr., mentioned .. 136

Appointments in Lower Canada, Faulty

methods of 92

Arbitration, Bill on. Objections of Mr.

Stuart to 126

Archdeacon of Newfoundland, Salary of. 22fi

should reside in St. Johns 273

Reverend S. Wix nominated to Arch-
deaconry of Newfoundland 274

Archdeacons of Nova Scotia, respecting

salary of ' 266, 273

Archives, Documents respecting 43

Archives des Colonies, 1729-1798, Tran-
scripts of 8

military rolls, 1737-1771

Argyle Township, Settlement in 247

Arichat, Settlement at 235

population and religious conditions

at 262

Aristide, Pamphlets by 107

Arms and Ammunition, Act of Nova
iScotia prohibiting exportation of,

1775 35, 37

Army : Cantonment of forces in North

America, 1766 25

Army Bills, Observations of Bedard

upon 105, 107

Army in Canada, Various documents re-

." lating to, for 1766-1795 7

Arnold, treated with contempt, 1780.. .. 169

commanding army in South, 1781 . . 187

Arnold, Reverend Mr 256

Arnold, Reverend H. W 265

Arnold, Reverend S. E 272

Arnold, Mr. N 272

Arnold, Oliver 244

Atlantic and Pacific Oceans, Map showing

route between 19

Auction, Act of Nova Scotia imposing

Duties on goods sold at, 1779 .... 38

Aylesford, Description of church at. . . . 244

church at 230,231,233, 250

B

Bacon, Reverend Mr 269

Bacon, Reverend S 272

Page.
Baffin and Hudson's Bay, countries ad-
joining. Map of, 1786 26

Bailey, Reverend Mr 227, 230, 250

Bailiffs, Duties of, in Province of Quebec,

1764 48

Baillie, Bishop 237

Baldwin, W. W., Letters from, to J. Ques-

nel 131, 132, 134, 135

on relations between Upper and

Lower Canada 134

Bancroft, Dr., distrusted 213^

3ank, Canadian, novel methods proposed

in relation to 103

Baptists, Activity of 277

Barley, Act of Nova Scotia to prevent

exportation of 33, 34, 36

iarrington : allotment for church not

called for : 231

;arr!ngton Township, Settlement in. . . . 247

3athurst, Lord, Letter to 265

rcsnffting church affairs in Nova

Scotia 267, 268

Bear River, Assistance for church at. . . . 276

Indian settlement at 271

Beardsley, Reverend Mr., 228, 254, 255, 258
Bedard, Pierre, condemns methods of

Viger and Montrealistes 120

desires command in Militia 'lOl

letters to Neilson, 105, 106, 107, 108, 109,

110, 112, 113, 114, 115, 117, 118, 119,

121, 122, 123, 124, 125, 127, 128, 136,
137, 141, 146, 147, 148.

criticisms upon 107

difficulties as regards judgeship.. .. 120
respecting Government of Lower

Canada 107

respecting article criticising him . . 108

relations with Prevost 108

relations with judges 108, 115

reflections against US

thanks Neilson for offer of constitu-
ency 120

troubles with the bar 121

refers to the charges made against

him in the Assembly 122

views on Legislative Assembly. . . . 123

on charges against him in Assembly. 123

question of leave of absence for. ... 128

desires to be Anti-Union Delegate. . 130
considered as a desirable Anti-Union

Delegate 130

discussed as possible delegate. . . . 131

letter to Jean B^langer 136

named as delegate to England . . . . 136
respecting leave of absence for. . . . 136
respecting his election as delegate. . 137
Beer, Act of Nova Scotia respecting brew-
ing of 31

Act of Nova Scotia amending earlier

Act respecting, 1771 33

Act of Nova Scotia respecting Duties

upon 36

Act respecting Duties upon 38

Act respecting Duties upon 3 9

Belanger, J., Letters of, to Neilson, 138, 139, 140

Belleau, Sir Narcisse, Letters from., .. 43

Bencraft, Sarah, a prophetess 250, 251

Bentinck, Lord, reported successor to

Lord Dalhousie. 146

Bermuda, Appointment of catechist to . . 269

church affairs at 266

maintenance of negro schools in. . . . 267

maintenance of schools at 268

church requirements in 270

INDEX

287

SESSIONAL PAPER No. 29b

PAGE.

Mr. Nesbitt ready to go to 271

assistance for negro school at . . . . 271
number of Anglican churches in

(1S27) 271

Mr. Nesbitt going to 272

curate appointed to 273

assistance for school house at.. .. 274
Berthelot, Michel Amable, Suggested dis-
missal of 14S

Best, Reverend G., appointed commissary

of New Brunswick 2fi4

Best, Archdeacon 268, 271, 273

Bills of Exchange, Ordinance for ascer-
taining damages on protested, in

Quebec, 1764 58

Birchtown, Black population of 248

Muster Book of the Free Black Set-
tlement at 8

Bishop of Nova Scotia : discontent as to

mode of his appointment 232

Bishop of Quebec, Anglican : letter to Hon.

John Mure Ill

attends meeting of S.P.G 263

Bishop, Roman Catholic, Importance of

proper choice of 97

Bishop and clergy, Roman Catholic, sign

Anti-Union Petition 132

Blackwood, Letter from, to Neilson. . .. 143
Blake, Hon. Edward, Letters from .... 43
Blanchet, F., Letters from, to Neilson, 107, 108
Board of Trade, Minutes of, on various
laws passed in the plantations,

1767 S

on the Courts of Judicature of Que-
bec, 1767 8

Boisseau, J. G., Account-Book of 16

Bonaventure, Carte du Comte de, 1905. 21
Bona Vista, Satisfactory account of mis-
sion at 272

Boscawen, E., Despatches of 42

Boucher, Rev. J. B., respecting Ambury's

letters 100

Boundaries, Difficulties in Congress re-

pecting, 1781 189

Boundary, North Eastern, between the
United States and Canada, Sketch

of, 1842 26

Boundary Papers, Collection of 14

Bourdages, L., condemns treatment of

Prevost Ill

Letters to Neilson Ill

Bouthillier, J. : letter introducing Cana-
dian Delegates 137

Bowell, Sir Mackenzie, Letters from. ... 43
Bowen, Judge, Attitude of, towards Anti-
Union Petition 132

Bread, An Act of Nova Scotia respecting,

1771 32, 36, 38

Ordinance relating to the assize of,

in Quebec, 1764 50

Bridgetown, Assistance for church at . . 268

Bright, Hon. John, Letters from 43

British American Advertiser, projected

newspaper 99

British American Advertising Agency . . 44
British American Land Company, Sketch

of 16

British Army, awaits reinforcement.. .. 216
conciliatory attitude in the South . . 156
in America, inducements to enlist in,

1780 158

in South, movements of, 1781 185

movements of 170, 188

Page.

strength of, 1781 188

losses of, in 1781 224

French view of its plans in 1781. . . . 224

British Colonist, projected 101

British Fleet, dispersed by French, 1780. . 170

movements at Rhode Island, 1780.. 169
superiority of, in American waters,

1780 170

movements of 210

rumoured movements of 215

British operations in America, 1781.. .. 173
British, Remnant of possessions in col-
onies, 1781 206:

British Troops, Alleged outrages of . . . . 15ff

lack of discipline amongst 215

from Canada, disaster to 216

Brown, Dr., dissenting minister applying

for salary from Government. . . . 251
Brown, James, about to print a news-
paper 101

establishing paper mill 101

letter to Neilson 142

Brown, William, Letter Book of, 1789-

1790 16

Bruneau, P. M., Letter from, to Samuel

Neilson 140

Buchanan, Hon. Isaac, Letters from. ... 43
Buell, Andrew N., Letter from, to J. R.

Kimber 135

Burbidge, Colonel, respecting distribution

of school lands 246

Burke, Governor of North Carolina, cap-
tured , 212

Burlington Heights, Sketch of '. 20

Burnyeat, Reverend Mr 266, 277

Burton. Lieutenant-Governor, Attitude of,

towards Assembly's course 144

Burton, Sir Francis, Letter from, to Neil-
son 146

Buskirk, Inglis, nominated for exhibition. 266'
Butterworth, M. P. Joseph, presenting In-
dian claims to Lord Bathurst. ... l48
Byles, Reverend Dr. . . .228, 229, 232, 254, 259'

C

Cameron, Sir Roderick, Letters from . . 43
Campagnard, Le, Letters from, on School

Bill 126

Campbell, Sir Alexander, Letters from . . 43

Campbell, Reverend J. M 272

Campbell, John, Letter Book of, 1806-

ISIO 16

Campobello, Act respecting Courts of

Justice in. . ■ 33-

Canada, British alarm respecting, 1780.. 155

Memoire du Canada, 1749-1760.. .. IS

list of Imperial Acts affecting. . . . 136

general well-being of 145

La Luzerne opposed to expedition

against 153

expedition against, contemplated,

1780 157

Eastern States desire to conquer . . 164

French views as to conquest of, 1780. 167
Washington favours expedition

against 17fr

number of British troops in, 1781 . . 173

difficulties over boundaries of, 1781. 173
expedition against, demanded by

Eastern States 184

expedition against, discouraged by

La Luzerne 185

288

INDEX

4 GEORGE v., A. 1914

PAGE.

Southern attitude towards invasion

of, 1781 186

expedition to, discussed, 1781 195

pamphlet advocating independence of,

1781 ' 196

Unionists consider opposition to.. .. 144
history of, by William Smith, esti-
mate for printing 101

respecting publication of history of. . 101
history of, by William Smith, nego-
tiations for placing on American

market 102

history of, by William Smith, dis-
posal of 145

history of, by William Smith, publi-
cation of 145

Canada, the last hope of England, Sub-
scribers for publication entitled . . 124
Canada Book Company, proposed forma-
tion of 102

Canada Committee for promoting the edu-
cation of the poor. Governor
withholds co-operation with,

111, 112, 113
J F Perreault declines membership

in 114

school opened by 112, 122

Canada Company, Affairs of . . . .145, 147, 148

Canada Trade Act, Reference to 146

Canadian Pacific Railway, Letters from. . 43
Minutes of the Royal Commission

on 11

Canadians, Application of policy in force

in Ireland to 144

loyalty of SO

impolicy of interfering with their lan-
guage 9°

attitude of Administration towards.. 105

English at heart 130

impolicy of British attitude towards. 145

treated as mere possessions 147

attachment of, to Church of Rome.. 237
Canadien, Le. Letter in Neilson's hand-
writing to 125

Canso, Loyalist settlement at 235

Capalina, Satisfactory account of mission

at 272

Cape Breton correspondence. Precis of, for

1789-1790 7

Ordinance for establishing a parish

in, and other matters 41

Ordinances of, 1790-1803 41

religious conditions in (1787) 232

incumbent for church at 270

Carleton, Lieutenant Governor, visit of

Bishop Inglis to 228

farming operations of 260

Carleton, Satisfactory church conditions

at 266

Carling, Hon. John, Letters from 43

Carolina, Excesses in, 1781 196

Carriages, Act of Nova Scotia for impos-
ing duty upon, 1773 34, 35

Carriers, Act of Xova Scotia for regulat-
ing 38, 39, 40

Cartier, Sir George E., Letters from.. .. 43
Caughnawaga, Visit of Bishop Inglis to. . 239

Cayley, Hon. Wm., Letters from 43

Census, Documents and letters respect-
ing 43

Census Bill, Sketch of, Lower Canada,

1812 103

Page.
Chaboillier, Mr., involved in ecclesiastical

dispute 142

Chamberlain, Brown, Letters to, and from. 43
Chaperon, George, Letters of, to Neilson. 126
Charlesbourg, Disorders during election at 116
Neilson retires owing to corrupt prac-
tices at election at 116

Charlestown, Forces before, 1780 152

serious results anticipated" if place is

taken 152

Charlottetown, Educational matters at.. 268

visit of Bishop Inglis to 235

Anglican Church at 267

Chastellux, De, arrives in America.. .. 172

repulses attack of British 211

Chateauguay, Neilson's appreciation of

Canadians at 105

Chebucto, A plan of harbour of 17

Chesapeake Bay, battle of French and

English fleet in, 1781 206

English position at, 1781.. 186

Chester, Proposed incumbent for St.

Stephens's church at 265

Chignecto : Plan of Settlements proposed,

1749 17

Chipman, Chi-ef Justice, proposed as mem-
ber of S.P.G 281

Chomedey, Paul de. Concessions of . . . . 15

Christie, A. J., Letter from, to Neilson.. 126

Christian Recorder, Subscription for ..123, 124

Chrysler's Farm, Plan of Battle at, 1813. d.\)
Church of England : mode of choosing

clergymen 228

Church of Scotland, claims of, on clergy

reserves 143

Church land board : suggestions for mem-
bership 269

Cider, Act of Nova Scotia respecting,

1772 33

Civil Government Expenditure, Lower
Canada, Neilson's views regarding,

132, 138
Civil List of Lower Canada, Method of

preparing 119, 123

necessity for permanency of 143

Civil Service Commission, Documents re-
garding 43

Clarke, Colonel, victor over Indians and

Canadians, 1780 168

Clarke, Reverend Mr 229

Clarke, Reverend J. S 273

Clarmont, Description of Biship's pro-
perty at 250

Clements, church at 231

subscriptions open for church 257

clergymen being settled there 280

Clench, Joseph, scholar.ship 265

Clergy reserves in New Brunswick, Sug-
gestions respecting 279

Clinton, Sir Henry, Rumoured movements

of :^15

approves of attack on Spanish Prov-
inces, 1780 159

Cochran, A. W., Letter from, to Neilson,

109, 115, 126, 149, 150

Cochran, Reverend Dr 264, 270

Cochran, Reverend J. C 266, 272

Cochran, Reverend Mr 249, 253, 266

Cochran, Sir Thomas, assistance of, to

church 271

Cochrane, Reverend James 265, 266, 275

Coffee, Act of Nova Scotia, granting ex-
cise upon, 1771 32

INDEX

289

SESSIONAL PAPER No. 29b

Page.

Coin, cutting, Penalty for, in Quebec, 1764. 46

Colby, Hon. C. C, Letters from 43

Colonial Church Society, Attitude of

Bishop towards 282

its harmful activities 281, 283

Colonial Ordination Act, Repeal of, recom-
mended 266

Colville, Vice Admiral Alexander, Lord,

Journal of, 1732-1764 8

Commerce, American, Reference to. . . . 208
Commissioners, Interprovincial, meeting

of 126

Confiscated property, Congress agrees on

restitution of, on conditions, 1781.. 192
divergent attitudes towards restitu-
tion 226

Congress, Directions to French Minister

as to negotiating with, 1780 . . . . 154

lack of power of 152, 225

relations with separate colonies, 1780. 154
relations between Northern and

Southern delegates, 1780 159

resolution respecting term of presi-
dency 161

incomplete representation in, 1781 . . 188
relinquishes judicial and executive

powers 223

Connecticut, supports Financial Bill of

1780 152

Connolly, Mr 272

Connolly, Reverend Mr 277

Consuls, Projected convention between
France and American Colonies re-
specting 221

Cooke, Reverend Mr 232, 256, 257

Cookson, Reverend J 266, 273

Coppers, twenty British, Value of, in Que-
bec. 1764 45

Coppey Collection 16

Copyright, Documents respecting 43

Cornwallls. defeats American party, 1780. 156

movements of, 1780 168

movements of 170

movements of, 1781 187

movements of, 1781 190

operations against, 1781 201

anticipated defeat of 210

surrender of 210

celebrations over surrender of . . . . 212
effect of his surrender in Massachu-
setts 216

at New York 219

praises French after surrender. ... 219
blames Clinton for capitulation.. .. 219
Cornwallis, Arrangement for church ser-
vice at 270

visit of Bishop Inglis to 227

difficulty over school lots 233

church at 243

church affairs at 244, 266

church appointment at 272

Correspondence Politique, Ftats-Unis,

1780, 1781 9

Cossitt, Reverend Mr 232, 261

Coster, Archdeacon of Newfoundland,

264, 265, 266, 271, 273, 275, 276
Counties of New Brunswick, Act respect-
ing the Boundaries of 40

Courts of Appeal, Necessity of an exact

report of proceedings of 113

29b— 19

Page.
Court of Common Pleas, for District of
Montreal, Ordinance for adjourn-
ing, 1766 82

in New Brunswick, Act respecting. . 40
Courts of Judicature, Act for erecting, in

Nova Scotia 29

Amendment of Act respecting. ... 30

Act amending earlier Act 31

in Province of Quebec, Ordinance for

establishing, 1764 46

Ordinance amending earlier Ordin-
ance, 1766 81, 84

Courts of Justice in Lower Canada, Much

complaint regarding 92

Viger Bill respecting 147

Courts of Lower Canada, Suggested Im-
provements in 121

Cowan and Neilson, Letter from, to

Thomas Cary and Company 150

Cox, Dr., president of King's College . . 261

Crowell, Mr 272

Crown and Clergy Reserves, Injudicious

allotment of 96

Crown, French, Value of, in Quebec, 1764. 45
Crown Lands, Plans with Report of De-
partment of, 1857 19

Crown Point, Plan of, 1731 20

Cumberland, Act respecting the Courts of. 35
County of. Act respecting Supreme

Court in 36

desire of people for missionary.. .. 258

diked lands in 245

Currency of Province of Quebec, Ordin-
ance for establishing 45

amending earlier Ordinance, 1765.. ..,69
Cuthbert, James, desirable Anti-Union

Delegate 130

letters to Neilson 121, 126

letters to L. J. Papineau, 130, 131, 136, 137
Cuvillier, A., letter introducing Canadian

delegates 137

D

Dairying, Documents respecting 43

Dalhousie College, failure of scheme to

unite, with King's College 264

respecting proposed union with King's Col-
lege 274,276,277.278

relation of Bishop of Nova Scotia to. 281

comment on Act respecting 281

Dalhousie, Lord, Satisfaction at arrival

of 124

Bedard favourably impressed with. . . 125

letter to Agricultural Society 125

reported command in India 146

Damas, Comte de, arrives in America. . . . 172

Dana, Mr., to reside in Russia 173

question of his acceptance by Russia. 176

cannot be recognized by Russia. . . . 181
capacity in which he enters Russia,

1781 • 184

Darling, Colonel H., Letter from, to Col-
onel de Salaberry 144

Dartmouth, Arrangements for church ser-
vice at 266

church at, consecrated 267

assistance for parsonage recom-
mended 270

grant for church 270

priest sent to 272

Davidson, John, Letter from, to Neilson. 148

290

i.\i)i:x

4 GEORGE V, A. 1914

Page.

Deane, Mr., Conduct of, approved, 17S1.. 197

letter to Mr. Morris 213

letter to Mr. Wadsworth 213

letters from, being published. . . . 218, 219

French opinion of 220

Deane, Silas, Views of 171

letter to Mr. Duer 212

Debartzch, P. D., chosen Anti-Union Dele-
gate 130

reasons why he cannot be delegate.. 131

letters to Papineau 131, 132, 133

views on Anti-Union delegation.. .. 132
DeBonne, Judge P. A., memorandum in

handwriting of 14S

Debtors, Act of Nova Scotia protecting. 29, 30
Ordinance respecting the goods of, in

Quebec, 1765 63

De Grasse, meets with the approval of
Washington and Rochambeau in

1781 206

arrival of, creates confusion among

British 210

movements of 216

orders to, 1781 187

De Kalb, Baron, Death of 160

Delaware, insists on independence, 1780.. 168
De Lery, Hon. L. R. C. : letter introducing

Mr. Papineau 137

De Lisle, Reverend Mr 238,239,240,241

Demers, Reverend J., Letter from, to

Papineau 131, 134

Depeyster, Colonel, Visit of Bishop to . . 257
De Salaberry, Information regarding

troops under 102, 103

attitude towards Anti-Union dele-
gates 132

mentioned as Anti-LTnion delegate... 129
De Salaberry Papers. Reference to.. ..15, 16

Desbrisay, Reverend Mr 235,270,272

Deserters, Orders respecting. Lower Can-
ada, 1817 115

Despard, Major General, entertained

Bishop Inglis 261

Desrivieres, F., Letter from, to Neilson.. 127

De Ternay, Arrangements to receive. . . . 152

letter to Vergennes 160

death of 173

Detroit. Expedition against, re.^olved upon,

1781 186

Deux Ponts, Comte de, in America 172

Diblee, Reverend Mr 247,255,256

Diblee, Wm. (the younger) 266

Digby, Admiral, Subscription of, to Digby

Church 229,243

Digby, Visit of Bishop Inglis to 228

subscription to church. . .229, 230, 231, 251,

259, 282
Dissenters in Nova Scotia support their

ministers 274

Dissenting minister, applying for salary

from Government 251

Dodsworth, Reverend T 275

Dollar, Seville, Mexico, and Pillar, Value

of, in Quebec, 1764 45

Dorchester, Lord, Visit of Bishop Inglis

to 236

views of Bishop Inglis respecting. . . 237

dispute with Bishop Inglis 241

Doty, Reverend Mr 240,241

Doucet, Mr., Papers respecting appoint-
ment of, as Indian Agent 11

Douglas, Sir Howard, Letter of Bishop

Inglis to 264

PAGE.

letter of Bishop to 269,272

Douglas, Reverend William 265

Douglas, Church at 231

Dow's Swamp and the Chaudiere Lake,

Rough draft of ground between. . 26
Drunimond, Sir Gordon : his affairs dis-
cussed 143

Dundas, Parish of, marriage register,

1870-1S74 14

Dunkin, Hon. Justice, Letters from. ... 43

Dunn, Reverend John 275

Du Ponceau, Monsieur, secretary to

Livingfeton 212

Duvernay, L., Letter from, to Neilson . . 125

E

^Cag'.eson, Reverend Mr., Reference to.. 242, 243

244,245
lOastern pas=a?e, Dartmouth, Grant to

church at 276

Eastern Townships, Bedard's views as to

their demands 119

Edinburgh, Nova Scotia, Village of . . . . 229

Education in Lower Canada 126

Education, Mymorial on, 1787 15

Election Act of Lower Canada, Neilson's

views respecting amendments to. . 119
Election Law. Lower Canada, Questions in

connection with amendment to. . . . 119

memorandum of Judge Fletcher upon. 119

Elgin Settlement, County of Kent, plan of. 22

Ellis. Reverend Mr 233.249,253,259

Embargos, Bedard's views respecting,

1813 103

Emigration, Letters on 43

memorandum respecting 126

movement toward west 226

English language. Gradual progress of, in

l^ower Canada 95

-nlistment, Inducements towards, in Bri-
tish army in America, 1780 i53

Episcopal seat, Plan for, in Nova Scotia. 252

Fsson, Reverend H., Letters of, to Neilson. 143

Eutaw Springs, Battle of 210

Executive powers, Congress relinquishes. 223
Exhibitions in Australia and Philadelphia,

documents rasrecting 43

F

Falmouth, Bishop Inglis's visit to 227

arrangement for church service at,

258, 264, 270
Fasts, Pub'ic, Reasons for infrequency of. 268
Fees. Act of Nova Scotia respecting. . . .29, 33
Female suffrage in Lower Canada, In-
stance of, in 1820. . 124

Ferry, An Act respecting, between Hali-
fax and Dartmouth 31

Finlay, Hon. Hugh, estate of. Petition

respecting 100, 102

property of, in Prince Edward Island,

115, 117, 120, 122, 127, 149
Fire-wcod, Ordinance respecting the mea-
surement of, in Province of Que-
bec, 1765 1*

Fish, Act granting bounty on, 1751.. .. 29
Act of New Brunswick respecting the

exportation of 41

Fisher, John Charlton, appointed editor

of the Quebec Gazette 149

to be editor of Gazette and King's

printer 149

letter from, to Samuel Neilson.. .. 149

INDEX

291

SESSIONAL PAPER No. 29b

Page.

Fisheries, North East, Essay on 15

France relieved respecting attitude of

Colonies towards 154

pretentions of New England to, 1781. 196

American claims to, 1781 207

French view of American claims to. 207
New England desires their re-estab-
lishment on former footing 216

Samuel Adams agitating with refer-
ence to 219

Fishing Grounds, Ordinance of Province

of Quebec for protection of, 1765.. 68

Fitzgerald, Henry James 271

Fitzroy Harbour, 1840 22

Fleming, Sir Sandford, Letters from. ... 43
Florida, Relations between American Col-
onies and Spain respecting, 1780 . . 154
Flour, Act of Nova Scotia to prevent ex-
portation of 33, 34, 36

Fort Du Quesne, A plan of 17

Fort Grisewold, destroyed, 1781 205

Fort Wellington, Garrison Order Book,

1865-1866 16

Foucher, Judge, observations on proposed

impeachment of 118

proceedings respecting impeachment

of 117

France, Observations on politics in.. .. 146
gratified with assurances of Congress,

17^0 154

to nugment assistance to Colonies,

1780 167

reason for delay in sending assist-.

ance to Colonies, 1780 167

determined to guarantee independ-
ence of American Colonies 171

denies desiring permanent post at

Rhode Island 172

American Colonies to send an envoy

extraordinary to 172

financial strain on, due to American

demands. 1781 176

statement of case of American States. 177
holds Congressional representative

in her pay 177

memorandum on cause of war with

England 177

American Consul appointed to.. .. 177
memorandum on demand for rein-
forcement of French forces in

America 179

cannot comply with terms of Hart-
ford Conference 180

gives additional subsidy to American

Colonies 181

acceptable terms of mediation, 1781. . 183
aid to American Colonies, 1781,

186, 198, 207

on American finances zni)

fears possible attitude of Americans.

218, 220, 224
Franklin, Benjamin, Cabals for the re-
call of 172

Congress displeased with, 1781.. .. ]S5
satisfactory conduct in France.. .. 171
held in high esteem in France, 1781. 176
elected as Peace Plenipotentiary . . 193
objection to, as Plenipotentiary, 1781. 193
Congress well disposed to, 1781.. .. 197

French appreciation of, 1781 203

Frauds by butchers, etc., Ordinance to
prevent, in Quebec, 1781.

29b— 19i

Page.
Frechette, J. B., Account by, of Militia

under De Salaberry if2

information regarding Troops under

De Salaberry 103

Fredericton, Description of, in 1788.. .. 228

dimensions of church at 259

respecting church at 2C6

proposition to exchange part of glebe

at :s6S

respecting parsonage and glebe at. . 275

Fredericton Academy, Irregularities of. . 260

French Army, Plans for, 1781 188

praised by Cornwallis ,. . 219

French Consuls, appointed in America,

1780 134

French fleet in America, Orders respect-
ing ISO

projected movements of, 1781 187

plans for, 1781 188

movements of, 1781 201

successful operations of, 1781 205

French language. Impolicy of interfering

with, in Lower Canada 05

French merchandise, sent to America, of

poor quality, 1781 Ii3

French teachers desired at Lunenburg . . 248
French troops gain favour with Ameri-
cans 210, 215

separate from Americans, during

winter 219

Gagetown, Condition of church at . . . .254, 259

Galvez, M. de, to besiege Pensacola, 1780. 162
Garrisons, Ordinance relating to fuel for,

1765 75

Gaspe, Visit of Bishop Inglis to (1789).. 2S6

Gastine, M. de, in America 172

Gates, Horatio, and Co. : letter introducing

Canadian Delegates 137

Gates. General, Defeat of, 1780 160

'lay's River, Assistance required for

church at 271, 277

Gazette de Trois Rivieres, established. .117, 125
General Assembly, Act of Nova Scotia

limiting duration of 39

Georgia, The people of, wavering in at-
tachment to independence, 1780.. 157
State Government established in 1781. 206

Gilpin, Reverend Alfred 266

Glebes in New Brunswick 229

difflculties respecting 255

conditions of, in New Brunswick in

1792 260

Godfrey, Reverend W. M., Reference to. . 280

Ooreham, Colonel Joseph, Memorial of. . 15
Gou, A., respecting a trust fund in his

hands 277

Government of Lower Canada, Instability

of, in 1829 £7

Government Officials, Proper policy to-
wards, in Lower Canada 114

Governor General's Secretaries, Letters

from 4 3

Jovernor in Chief, Suggested address to,

on occasion of departure, 1818. . . . 121

attitude towards Anti-Unionists. . . . 130

'rnnd Manan, Mission at 275

Irand Trunk Railway Company, Letters

from 43

irantham. Reverend T. A., reference to. . 275

292

INDEX

4 GEORGE V, A. 191 4

PAGE.

Granville, Mr. Whalley appointed to

church at 272

House shared by Anglicans and Dis-
senters 227

church at 230, 231

populous settlement at 230

reference to church at 233,243,250

church officers chosen for 234

condition of churches at 250

proposed incumbent for Christ Church. 265
suggested improvements in church

conditions at 276

Gray, Reverend Archibald 266, 272, 277

Green General, Operations of, in South,

1780 169, 185, 187, 190

victory over British 209

movements of 216

activities of, during 1781 223

Greenwich and "Westfleld, Plans for Angli-
can mission at 259, 261

Griffin, Reverend Cornelius, 264, 265, 266, 267,

268, 270

Griffin, W. H., Letters from 43

Guildford, Cornwallis weakened by his

victory at, 1781 185,223

Guinea, Value of, in Quebec, 1764 45

Gulf of St. Lawrence, Magadalen Islands,

1825 22

Gunpowder, Act of Nova Scotia prohibit-
ing exportation of, 1775-8 35, 37

Guy, L. : letter introducing Canadian dele-
gates 137

Guysborough, Protection of school lands

at 269

H

Haley, Mr., recommended for scholar-
ship

^aliburton, G., recommended as scholar.

^Halifax, Naval Returns, 1758-1761

list of Settlers at, 1749-1756.

272
271

. plan of 1"^

Act for Regulation of Market, 1750. . 29
Act for dividing towns into wards,

and other matters, 1751. ....... 29

Amendment of Act respecting Market.

30, 32, 35
Act respecting fisheries within harbour

of, 1773 33

Act establishing markets for sale of

live stock 38

Act respecting collection of taxes in. 39

Act for establishing a public school in 39
Act for raising money by lottery for

building Public School in 39

Act respecting Courts of Justice in. 39

number of troops defending, 1781... 173

contemplated movement against, 1781. 182

church troubles in, 1788 232

question of rectorship of St. Paul's. . 265

Hampstead, Report respecting church at. 2t>l

no glebe secured at 277

Hampton, Report respecting church at . . 261
Hartford Conference, Summary statement

of points of 180

Harvey, Lieutenant Co" onel, General order

of li!>

Hayden, Reverend Mr 265,266,270,272

Health Conferences, Documents respect-
ing: 43

100
182

J Page.
Heney, H., Letters from, to Neilson.. .. 125
Highways, Ordinance of Province of Que-
bec for repairing, 1766 77

History of Canada by William Smith,

estimate of cost of 100

Hogan, J. Sheridan, Letters from 43

Holker, Mr., Suspicious conduct of, 1781. 187
Holland, Great Britain declares war

against '. 176

relations with American Colonies. . . 209
conduct of commercial relations with. 219
relations with American Colonies... 220
Home, R. T., Letter from, to Neilson. .115, 124
Horton, Township of: register of mar-
riages, births and deaths 15

Act respecting Court of Justice in. . 33

visit of Bishop Inglis to 227,243

church affairs at 266,270

Horton, Wilmot, Question of publishing

Anti-Union delegates' letter, to. . .. 147
Horses and Carriages, Ordinance for re-
gulating the rates of, for travellers

in Quebec, 1764 61

House of Assembly, Lower Canada, Manu-
script Journals of 9

Lower Canada, high level of, during

early years 92

popular feeling against 109

Lower Canada, warrant for arrest of

H. W. Ryland 110

Stuart dislikes composition of 121

criticised by Governor's Secretary... 125
date of opening criticised by Viger,

1821 .■ 126

members classified according to their

votes 127

Lower Canada, proceedings in 138

Houseil, Reverend Mr 232

Howe, Joseph, Papers of 1^

letters from *^

Hudson Bay Company, Journals of . . . . ^
Journal at Severn House, 1775-1776,

1788-1790

Hunter, Lieutenant General, Letters of.

1799-1805 1^

Huntingdon, Mr., Reference to 161

retires from presidency of Congress. 195
Huron Indians, Commander of Forces de-
clines interview to 144

claims of, to Sillery 146

visit England 14'

16

15
146
146

118

Hebdomadaire, respecting publication of.
Helker, Mr., Rochambeau's opinion of . . .

He Royale, military rolls ^

Illegitimate Children, Ordinance of Cape

Breton respecting 42

Immigration, 1840-1843

no emigrants from the Highlands. .
prospect of emigrants from Ireland . .
Impeachment of judges, Bedard's observa-
tions upon 107, 117,

Independence. American States of Europe

not unanimous for 194

recognition of, to include all the Col-
onies ^•'4

Indian Affairs, Correspondence of Depart-
ment of. 1765-1875 11

General Order, 1814-1830 11

Grand River claims 11

i Orders in Council, 1793-1869 Ij

Pay lists 1^

INDEX

293

SESSIONAL PAPER No. 29b

PAGE.

Organization and Administration

Papers 11

Report on petitions, 1868-1873 .... 11

Robinson Treaty Papers 12

Indian Reserves in Nova Scotia, Papers

concerning' 12

Indian Schools on St. Jotin river 256

Indians, entertained by Rochambeau 1780. 161
Indians, Ordinance to prevent strong
liquors being sold to. In Quebec,

1764 60

See also Huron Indians, Iroquois.

Inglis, Bishop Charles, Consecration of. . 231

departure for Halifax 231

arrival at Halifax 232

voyage to Quebec 235

arrives at Quebec 236

appointed member of Agricultural So-
ciety 240

charges against 240

movements in Lower Canada, 1789.. 241

departure from Lower Canada 242

visit to New Brunswick, 1792 253

pastoral visit to New Brunswick,

1798 259

visitation in Cape Breton in 1805.. 261
report of visitation In New Bruns-
wick, 1804 261

respecting confiscated property in

United States 261

respecting estate of, 1832 275

Inglis, Reverend John 233

(later Bishop) diary 1806-7 263

attends meeting of S. P. G 263

correspondence of, 1825-49 264

labours during summer of 1826.. .. 267
report of visit to New Brunswick in

1826 267

sailing for Gulf of St. Lawrence. . . . 267

labours of, 1S27 271

illness of 273

Inglis, Reverend Mr 233,244,250,

251, 252, 257, 269
Institution to benefices : change in prac-
tice 265

Intercolonial Railway : map showing route. 28
Isle Aux Noix and Fort Lennox, 1863-4.. 21
Iroquois of Caughnawaga, Documents re-
specting 11

Izard, Mr., mentioned 168,171,172

attacks Franklin 176

Jackson, Reverend Mr 266,269,270

Jamaica, Governor of, directed to attack

Spanish Provinces 158

James. Mr., Reference to.. ..254, 255, 256, 257
Jay, John, selected as Peace Plenipoten-
tiary 193

relations with fellow plenipotentiaries,

1781 197

difficulties in Spain, 1781 204

Jefferson, Thomas, An appreciation of . . 108

elected delegate to Congress 220

Jemseg passage. Settlement at 256

Jenkins, Reverend Mr 265

Jesuit Church, Montreal, to be given to

Church of England 238,239

promised to Protestants 241

Jesuits estate. Proposed disposition of . . 237
Jesuits in New France, History of. Book

13, part 6 8

i PAGE.

Johannes of Portugal, Value of, in Que-
bec, 1764 45

Johnson, George, papers 14

Johnston, J. W., Relations of, with King's

College 279

Johnstone, Chevalier de, Journals of . . . . 8

Jones, Reverend James 245

Jones, Reverend Mr 235,246,257,260

Juchereau Duchesnay, Hon. A. L., Letter

from, to Neilson 137

Judges of Lower Canada, Petition for in-
crease of salary of 105

exclusion from Legislative Council

suggested 107

their right to free expression of

opinion i22

undesirability of their being members

of Council 142

Judicature, Lower Canada : Plumitif of

Revision Court

Judicature Bill of 1820 condemned by

Andrew Stuart

Judicial power, Congress relinquishes. . . .
fumonville. Facts respecting death of . .
Juries, Act of Nova Scotia amending Acts

respecting

Grand and Petit, Ordinance of Cape

Breton respecting

in Province of Quebec, Establishment

of, 1764

Grand and Petty : Ordinance of Prov-
ince of Quebec respecting, 1765...
Grand and Petty, Ordinance repealing
a former Ordinance, Quebec, 1767.

13

125
223
100

37

42

47
67
85

28

187

265
18

161

Kaministiquia River, Part of, 1907 . . . .
Kaskaskia, Disaster to French settlers at,

17S1

Kempt, Sir James, Letter of Bishop Inglis

to

Kent, Duke of. Letters of the

Kentucky, Threatened independent course

of

Kerr, Mr., mentioned 137

Kimber, R. J. : letter introducing Canadian

delegates 137

King, Reverend W 272

King, Reverend W. B 276,278,281

King's College, Fredericton, nominations

to scholarships in 274

respecting charter 280

King's College, Windsor, Estimate for

building 234

work on foundation of 249

corner stone laid. 249

legend reproduced 252

date of building 253

proposed scholarships for 263

failure of scheme to unite with Dal-

housie 264

proposed amendment of statutes in

interest of Dissenters 26ft

its requirements 271

assistance solicited 272

troubles at 273

proposed union with Dalhousie,

274, 276, 277, 278

addition to Library 277

why adequate provision cannot be

obtained 278

suggested change of statutes 279

234

INDEX

4 GEORGE V. A. 1914

PAGE

Bishop's plea for 283

King's County, Nova Scotia, Act respect-
ing- Court of Justice in 36

Act respecting time for holding the

Supreme Court in 38

King's Posts, Sale by auction of 126

Kingston, New Brunswick, Condition of

church at 256

dimensions of church at 259

respecting glebe at 260

report respecting church at 261

Kingston, Upper Canada, Letter book of

Naval Department at 16

school opened at 121

L

Labrador: Palliser papers, 1764-8 7

Ijabrie, J., Letter from, to Papineau. . . . 135
Lac Ontario, Carte du, et du Fleuve St-

Laurent, 1728 20

Ladies Negro Educational Society, Letter

of Bishop Inglis to 273

La Fayette, planning expedition against

Canada, 1780 153

movements of, 1781 185

leaving for France 218

La Luzerne, Letter from, to La Fayette. . 153

to Montmorin 158

to M. de Sartines 170

to M. de Castries 173

to M. de Grasse 187

Lanark, South Riding of : election writ

and return, 1869 16

Land, Act of Nova Scotia, respecting im-
provement of, 1752 30

Act of Nova Scotia for confirming

titles to, 1772 33

Act of Nova Scotia imposing a tax

upon 28

Land Policy of Lower Canaua, Criticism

of 96

Langhorn, Reverend Mr 240, 241

Laurens, Colonel, elected as envoy extra-
ordinary to France 172

captured by English 176

returning to America, 1781 187

successful mission to France 216

rebuke for 221

Lauzon, Cadastres of 13

Laval, Marquis de, arrives in America.. 172

Lawrence, Joseph, Papers of 14

Laws of Quebec, in force in 1764 47

Bedard's observations upon. . . . 112, 113

Lee, Arthur, mentioned 171, 172

attacks Franklin 176

proposed as Minister of Foreign Af-
fairs, 1781 193

dissatisfaction of France with. . . . 194

letter to Neilson 133

Legislative Assembly, of Canada, Votes
and Proceedings of, Aug. 19, 1852-

June 14, 1853 11

Lower Canada, proceedings in . . . . 140
Legislative Council, Necessity of strength-
ening 91

propriety of admitting Executive

Councillors thereto 92

proposed exclusion of judges from. . 107
resolution respecting warrant for ar-
rest of H. W. Ryland 110

respecting its advice to dissolve Leg-
islature 114

Canadian absentees from 138

Page.

Le Jeune, Paul, Letter of 15-

Lennoxville : papers relating to St.

George's Church 16

Leonard, Mr., Extensive property of. . . . 256

Letellier, Hon. L., Letters from 43

Limits, in dispute between United States

and Spain 158, 159

Lincoln, General, head of War Department 223

Lindsay, W., letter to Papineau 131

letter to Neilson 137

Liverpool, Dilliculty in filling church at. 266

incumbent for church at 270

priest sent to 272

i^iverpool. Lord, Letter and pamphlet ad-
dressed to 141

i^ivingston, Robert, elected Secretary to
Department of Foreign Affairs of

United States 211

Lorette, Visit of Bishop Inglis to 241

Lotbini^re, Mr., Bishop Inglis visits. . . . 239
Lottery for building Public Schools in

Halifax 39

Loughran, Andrew, introducing Canadian

Delegates 139

Louisburg dispatches, 1758 7

print of the taking of, 1758 20

visit of Bishop Charles Inglis to. . . . 263

[.lOuis d'Or, Value of, in Quebec, 1764. ... 45

Louisiana, Eastern, Claims of Spain upon 163

Lowe Papers, Collection of 43

Lower Canada : Quebec miscellaneous cor-
respondence 6

report on Montreal district, 1763. ... 8

report on Three Rivers district, 1763. 8

Journals of Assembly 9

cadastres of seigniories 13

proceedings under Seigniorial Act . . 13

census, 1831 14

Roads and Bridges, 1829 27

causes of disturbances in, 1829.. .. 87

educational matters 113

fears of return of Craig methods. . 114

necessity of active press in 120

education in 126

political situation in 122, 127

course of elections in, 1820 124

Government opposed to Anti-Union-
ists 130

respecting Civil Government expendi-
ture 132, 138

report of Committee on Public Ac-
counts 138

population of, 1823 140

public affairs in 145

general well-being of 145

See under Bedard, P.
Loyalists, Act respecting their admission

to Nova Scotia, 1775 35

Ludlow, Colonel, Visit of Bishop Inglis to. 257*
Lumber, Act of New Brunswick respect-
ing exportation of 41

Lunenburg, List of settlers at, 1749-1756. 7

desire for French teaching at.. .-. 248

church affairs at 248

assistance in building parsonage at. 266

presentation requested for 266

Lutherans desire to unite with Church

of England in 272

visit of Bishop Inglis to 248

County of. Nova Scotia, population of

(1828) 271

Lutherans desire to unite with Anglicans

at Lunenburg 272, 273

INDEX

295

SESSIONAL PAPER No. 29b

Page
M

Mabane, Dr., Reference to 237

Magdalen Islands, 1825 22

Magistracy of Lower Canada, Defects in. 93

Maisonneuve. Concessions of 15

Maitland, Sir Peregrine, Letter from

Bishop Inglis 275

Manchester, Church at 230, 231

Manitoba, Map of, 1913 26

map of portion of, 1884 22

Saskatchewan and Alberta, map show-
ing elevators in, 1913 27

Saskatchewan and Alberta, map of,

1909 28

Manuscripts received during year 6

Mappa Totius Mundi, 1758 26

Mappe-Monde Geo-Hydrographique, 1719. 26
Marbois, M. de, Letter from, to Vergennes,

163, 166, 168, 195, 196
to represent La Luzerne in his ab-
sence 177

Interim Consul 221

Marchand, L., Letter from, to Neilson . . 143
Margaret's Bay, arrangement for church

service at 266

conditions of church satisfactory . . 270

assistance for church at 274

Marquis de la Fayette, Le, Loss of . . . . 203
Marriage Act of Nova Scotia, objection-
able 267, 268

suggested amendment in 269

observations upon 271

Marriages observances. Irregularities of,

in Maritime Provinces 271

Marryat, J., M.P., letter of Neilson re-
specting 129

Martial Law, Bedard's views respecting,

1813 103

Maryland, firm for independence, 1780 . . 168
concerning her accession to the Con-
federation, 1781 175

accession of, to Confederacy encour-
aging 194

welcomes French troops 215

receives special grant from France. . 217
good effect of her joining Confedera-
tion 223

Massachusetts, supports Financial Bill of

1780 152

general attitude of, 1781 192

insisting on fishery rights, 1781.. .. 207

Maugerville, Church at 255, 256

description of settlers (1788) 228

dimensions of church at 259

report respecting church 261

glebes at 260

Maynard, Thomas, nominated to exhibi-
tion 271

McCarthy, Justin, Letters from, respect-
ing publication of book 101

McCawley, Reverend Mr 269

McCawley, Reverend George 273, 279

MacColla, Mr., exhibitioner 269

MacDonald, J. A., Letters from 43

MacDonell, Bishop, Letter from, to Papi-

neau j.ih

views on Union Measure • . . 137

visits Paris 145

MacDougall. Hon. Wm., Letters from. ... 43

McGee. Hon. D'Arcy, Letters from .... 43

McGillivray Papers 16

Mackay, Samuel, Memorial of, respecting
contemn'ated escheat of lot in

Prince Edward Island 148

Page.

Mackay letters 43

McKean, Thomas, elected president of

Congress 195

Mackintosh, Sir James, mentioned.. .. 130
letter to, from Anti-Union Delegates. 139
question of paying him for services. . 147
requested to take charge of Anti-
Union case 148

MacPherson, Sir D. A., Letters fromN N 43
Mediation, acceptable to France and

Spain, on certain terms 183

England's attitude towards, 1781 . . 183

no progress in, 1781 1S6

resolutions presented to Congress re-
specting, 1781 188

British refuse, 1781 203

Members of Legislature, An Act of Nova

Scotia respecting payment of, 1771. 32
Act of Nova Scotia repealing previ-
ous Act respecting payment of,

1772 33

Menis, Nova Scotia : plan of settlement

proposed, 1749 17

Merrill collection of papers 16

Merritt, William, Letter from, respecting

Anti-Union measures 129

Methodist, desires to preach in Anglican

Church 252

Mexico, Map of Gulf of, 1852 18

Military Rolls : Canada et He Royale,

1737-1771 9

Canada: Etats-Major Genfiraux, 1694-

1774 9

Militia, defective administration of . . . . 94
undertaking of discharged soldiers
to continue in active service if

necessary 112

Act of Nova Scotia establishing, 1753. 31

Act amending previous Act 31

Act of Nova Scotia respecting, 1775,

35, 36, 40
amendment suggested in interest of

clergy 269

Militia Act, Lower Canada, Copy of Act

to amend 102

Militia and Defence, Department of. Pap-
ers received from 12

Militia Bill, Bedard's views respecting,

1813 103

Millidge, Reverend Mr 229

Millidge, John James, scholarship 265

Milner, Mr., exhibitioner 269

Milner, Reverend Mr 266, 270

Milner, Reverend C 271

Minneapolis, St. Paul and Sault Ste. Marie

Railway, Map of 20

Mirales, M. de, Early arrival of successor

to 166

Miramichi, Arrangements for church at, 257, 270

missionary to be stationed at 257

report on glebe at 260

sufferers at, relieved 266

discord between Presbyterians and

Anglicans 267

assistant appointed to missionary . . 272

Mission River, G. T. terminals at 28

Missionaries, Transmission of reports of. . 271

Mississippi, Navigation of, 1870, 159, 164, 166

Riviere de, Croque de la, 1700 21

Molasses, Act of Nova Scotia respecting

duties upon 37, 38, 39, 40

Moncton, Account of shipbuilding in.. .. 15

Money, Reverend Mr 233

Money, Inflation of paper, during war . . 226

296

INDEX

4 GEORGE V, A. 1914

Page
Monopoly of Provisions, Act of Nova

Scotia preventing, 1752 30

Montgolfier, Reverend Mr 239

Montmollin, Rev'd Mr, 23fi, 237, 230, 240, 242
Montreal: concessions of Maisonneuve .. IR
Ga'je's Report on Government of, 17f>3. 8
Report of Archives of St. Mary's Col-
lege 15

Register of Notre Dame de, 1701-

1718 15

Records of Seminary of St. Sulpice. . . 15
proc6d6s des habitants de, 1822-1825. 15
minutes of Committee of Correspond-
ence, 1834-1835 15

papers relating to Segniories in the

district of, 1781 15

Customs papers, 1832-1843 15

HSpital General, papers from Ar-
chives of, 1699-1771 15

letters of naval storekeeper 16

lack of public spirit in 109

library and reading room to be

opened in 122

history and conditions of market in. . 143

visit of Bishop Inglis to 238

Montreal Constitutional Committee, Tone

of Anti-Union petition of 130

Montreal District, Part of, showing coun-
ties 21

Montreal Gazette, Letters respecting. ... 44

Moody, Reverend John 270, 272

Moquin, L,., Letters from, to Neilson . . . . 124

mentioned 127

letter respecting Union Bill 129

Morris, Hon. Alexander, Letters from . . 43

Morris, Mr., superintendent of finances. . 223

Morris, Reverend Mr 266

Morris, Reverend G 270

Morris, Wm., Letters from 43

Moydore, Value of, in Quebec, 1764.. .. 45
Muhlenberg, Mr., elected speaker of Penn-
sylvania 215

Mure, Hon. J., Letter to John Inglis . . Ill

Miirray, James, Letters to, 1757-1778.. 8

Murray. Reverend Mr 273

Musquodoboit, Desire of inhabitants of,

for church services 277

Nashwaak, State of settlement at. . . . 254

respecting school masters at 269

Navigation, Inland, Report of Phillpotts

upon 14

Neilson, John, Collection of papers of . . 15

Calendar of 99

Journal of, as Commissioner for

Penitentiaries 16

Order of the Assembly, to 103

letter to McCord 114

proposed visit to England 115

announces candidature for County of

Quebec 116

retires from election on account of

corruption 116

appreciation of, by Canadians 116

address to electors of county of Que-
bec 120

favoured by all parties 121

letters to Dr. Blanchet 124

letter on political conditions in Lower

Canada 127

mentioned as Anti-Union delegate. . . 129

t Page
letter to I>. J. Papineau .. ..129,130,132,

133, 134, 135

confidence of Papineau in 130

strictures upon, in Constitutional

Committee 130

objects to being delegate 131

views respecting Anti-Union delega-
tion 135

objections to, as delegate 135

letter to Sir James Mackintosh. . . . 139

letter to J. Belanger 138,140

joins Papineau in letter to Robert

Wilmot, M.P 139

thanked by Quebec Constitutional

Committee 141

invited to public dinner 141

apparently coming into favour with

Government 143

intention not to re-enter public life. . 143

letter to D. B. Viger 144

indenture certifying election for

County of Quebec 144

reconsiders determination to retire

from public life " 144

introducing Indian Chiefs to friend in

England 147

suggested withdrawal of concessions

to 148

letter to Colonel Reddy 149

Neilson, Samuel, Observations' of 16

succeeded John Neilson as proprietor

of Quebec Gazette 149

appointed King's Printer 149

commission as King's Printer re-
called 140

letters to J. C. Fisher 149

letter to A. W. Cochran 150

cannot have access to documents

lodged in Privy Council Office... 150

letter to H. W. Ryland 150

Nesbitt, Mr 269,271,272,273

New Brun.swick Correspondence, PrScis

of, 1789-1790 7

New Brunswick State Papers, 1828 .... 6

New Brunswick, Acts of, 1795-1798.. .. 7

Journal of Legislative Council for

1786 7

Minutes of the Executive Council of,

1785-1857 14

Vestry Book of St. Martin's Church,

Shediac 14

register of marriages, births and

deaths, 1825-1834 15

Record of Judgments, C. C. Pleas,

Westmorland County, 1785-1823... 15
Record of Court of- Sessions, West-
morland 15

Lawrence Collection 14

shipbuilding in Moncton 15

Record, C. C. Pleas, 1786-1804, 1816-

1838 15

plan of St. John River 21

Nova Scotia, and Newfoundland,

1853 ^.i

Postal Map of, 1888 24

Act respecting Courts in Campo Bello. 33
Acts of the Province, 1795-1798.. .. 40
Settlement in Sackville Township... 245
improvement along St. John river.. 254
settlements at Woodstock, Northamp-
ton, Prince William and Queens-
borough 255

condition of Anglican Church in.. 260, 267

INDEX

297

SESSIONAL PAPER No. 29b

PAGE

assistance for National Schools in.. 265
suggested means of increasing church

revenue 267

church requirements In 270

number of Anglican churches in 1S27. 271

question of Bishop for 281,282

New Dublin, Assistance for church at. . 274
New England, Board of Trade Corre-
spondence, 1689-1693 6

Newfoundland, Grand Banks of 21

respecting fishing rights on 195

pamphlet advocating independence of,

1781 196

difflculties about missionaries for. . . 266
recommendation respecting missionary

at 269

church requirements in 270

number of Anglican churches in 1827. 271
New Hampshire, refuses to join New Eng-
land States regarding fisheries. . 219

constitution adopted by 225

New Jersey, Public spirit of, 1780.. .. 168

New Lights, Alleged practices of 257

New London, destroyed, 1781 205

Newport, Nova Scotia, Poor Book, 1789-

1881 14

church conditions in 249

plans for church at 258,270

respecting church arrangements at. . 264

recovery of school lands 270

Newspaper Press, necessity of, in Lower

Canada 110,120,143

New York, State of, 1788 , 20

British forces at, 1780 152

public spirit of, 1780 168

irruption into, by British, 1780.. .. 168

report of evacuation of, 1781 187

Washington desires to attack.. ..188,195

garrison of 210

Niagara, Expedition against, resolved

upon. 1781 186

missionary appointed at 251

Nicholson, Reverend William 233

Nictaux Settlement, Remarks of Bishop

Inglis upon iio

Nine-Penny Piece, French, Value of, in

Quebec, 1764 45

Noailles, Vicomte de, arrived in America. 172

Norris, Reverend Mr 270

Northampton, Population of parish of. . 2i>a

North Carolina, lacks zeal 152

sent agent to Havana 212

evacuated by British 219

situation of, at end of 1781 226

Northern Passage between Asia and

America, Chart of, 1816 25

North Mountain, Nova Scotia, "View from

summit of 251

Northwest Territories, Laurie's Map of,

1870 23

Northwest Territory, Map of, 1859 19

Notaries, Inventories of Minutes of . . . . 15
Notre Dame des Anges, Cadastres of. . . 13
Notre Dame de Montreal, Register of,

1701-1718 15

Nouvelle France, Carte de la 17

Nova Scotia Correspondence, prfecis of,

for 1788-1789 7

Nova Scotia State Papers, 1815 6

Nova Scotia, Acts of Assembly of, 1770-

1782 2

Journal of Leg. Council of, 1768-

1779 7

Page.
Journal of Leg. Council of, June-
July, 1781 7

Minutes of Executive Council of,

1770-1775 7

Remarks on the Protection Act, In-
dian Affairs, liquor duties 7

Ordinances of, 1749-1753 7

Indian Reserve in 12

Howe Papers 14

Township Book of Windsor, 1799-

1845 14

Newport, Poor Book, 1789-1881.. .. 14
Township Book of Annapolis, 1790-

1853 14

Fort Edward Barrack Book, 1776-

1778 15

Register of Marriages, Births and

Deaths in Sydney, 1785-1S13 15

Register of Births, Marriages and

Deaths, Horton Township 15

Township Book of Wilmot, 1806-1892. 15
Grand Jury proceedings, Annapolis

County, 1786-1800 15

Township of Granville 15

Plan of settlements proposed at

Annapolis, Menis and Chignecto.. 17
Acts of the Province, 1749-1753.. .. 29
Acts for erecting courts in, 1749... 29
Act respecting entrance by sea, 1751. 30
Act respecting courts at Annapolis. . 32
Act respecting courts at Horton. ... 33
Act respecting the courts in Cumber-
land County 35

Act respecting courts in King's

County 36

Act establishing Court of Common

Pleas in Yarmouth 36

Act respecting times of holding

Supreme Court 36

Act respecting times of holding

Supreme Court in King's County.. 38
Act altering time for holding Su-
preme Court in Annapolis 38

La Fayette planning expedition

against, 1780 153

British alarm respecting 155

Eastern Colonies desire to conquer. . 164

French views as to conquest of, 1780. 167
pamphlet advocating independence of,

1781 196

prospective difficulties regarding

boundaries 225

wheat grown in 243

Nictaux Settlement 243

dispute respecting school lands. . . .244, 246

Copper Mine at Cape D'Or 246

smuggling in 246

settlement in townships of Barring-
ton, Argyle, Yarmouth 247

French language desired in Lunen-
burg 248

population of Shelburne 248

black population in Birchtown and

Shelburne townships 248

great storm in. 258

ecclesiastical affairs in 267,269

church requirements in 270

population of Lunenburg County,

1828 271

number of churches in, 1827 271

Casual Revenue should be available

for churches and schools 274

298

INDEX

4 GEORGE V, A. I9I4

Page,

ecclesiastical affairs in, 1832 275

diocese, hardships of clergy in 277

question as to division of parishes

in 282

Noyan, Judgment respecting the Seig-
niory of l-tj

O.

Ohio River, Petition for extensive land

tracts on 161

Oneida Reservation, Map of 20

Onslow, .School lands in 2S1

Ordinance, declaring what may be deemed
a due publication of Ordinances of

I'rovince of Quebec, 1764 49

for confirming decrees of court estab-
lished prior to Civil Government in

Province of Quebec, 1764 52

amending and explaining Ordinance
for confirming decrees of court es-
tablished prior to Civil Government

in Province of Quebec, 1764 54

Ordinations, ArchevechS de Paris, 1748-

1889 9

Ordres du jour, 1835-1836 11

Ordres du Roi, 1739-1748, 1729-1744 .... 8
Osgood, T., respecting educational scheme 101
respecting formation of Book Com-
pany 102

proposing Canadian Bank on unique

principle 103

letter to Neilson 104,113

Ottawa : Letter Book of St. George's

Society, 1860-1865 16

map of Bytown, 1851-3 21

map of Bytown, 1832 26

draft of ground between Dow's

swamp and Chaudi&re -lake 26

Ottawa Garrison Artillery, Order Book of,

1870-1873 16

P..

Paine, Mr., Pamphlet by, on American

affairs 173

to be engaged by France to write

history of American revolution . . 177

Palliser, Hugh, papers of 1766, 1764-1768. 7
Paper money, French merchants affected

'by action of Congress, 1780.. .. 154

French losses through depreciation

of, 1780 167

inflation of, during war 226

Papineau, elder, desirable Anti-Union

delegate 130,131

Papineau, L. J., Letters of, 1824-1865.. 15

letter to Neilson, 115, 123, 129, 130, 131

134, 135, 136,.140, 142

memorandum by, 1821 127

chosen Anti-Union delegate 130

speech of, approved by "W. W. Bald-
win . .' . . . . 131

recommends Debartzch as delegate. . 131

considered a desirable delegate. . . . 131

objections to him as Anti-Union dele-
gate 133

presence desirable at opening of Leg-
islature 134

objections respecting his election as

delegate 134

objections to assisting at opening of

Legislature 135

decline in popularity. 143

Page.
Papineau and Viger Party, Sources of

power of 8 9

their real aim 90

Papineau, L. J., and Neilson : letter to Sir

James Mackintosh 139

letter to Robert Wilmot 139

Paris Exhibition, 1854, Minutes of pro-
ceedings relating to 14

Parishes, Question as to right of divi-
sion of 282

Parker, Reverend Mr., Reference to. . . . 272

Parr, Governor, Visit of Bishop to.. .. 232

Parrsborough, Church at 230, 231

visit of Bishop Inglis to 245

church difficulties at 258

Partorius, D. : some details of battle at

River Raisin 104

Partridge Island, Description of 246

Party Spirit, Increase of, between Quebec

and Montreal 114

Passamaquoddy Bay, Act respecting Na-
vigation of 40

Patent Office Papers, documents respect-
ing 43

Patents, Question of office for registra-
tion of 142

Patricia, Map of the district of, 1912 . . 22
Patterson, Lieutenant Governor, Misap-
plication of funds by 235

Peace, discussion of proposals for, in 1781. 188
instructions of Congress to plenipo-
tentiary respecting 190

discussion on instructions to plenipo-
tentiary, 1781 191

Congress selects plenipotentiaries,

1781 193

proposal for ratification by people. . 195

respecting negotiations for, 1781 . . 197
attitude of several colonies towards.

1781 198

French course relating to, 1781.. .. 202
English attitude toward negotiations,

1781 204

Pelletier, Hon. W., letters from 43

Pennsylvania, opposes Financial Bill of

1780 152

ill disposition of many people in, 1780. 168
Mr. Muhlenberg, elected speaker. . . . 215
Assembly continues dispute on elec-
tions 219

election disputes 221

merchants prefer English goods.. .. 224

internal troubles in 225

Penobscot, Defence of, 1781 173

Perrault, C. O., Letters of 15

Perreault, J. F., respecting Pierre Bedard

and the Militia 101

enters action for libel 101

letter to Neilson 114, 137

Philippine Islands, Atlas of, 1900 27

Pictou, Assistance for church at 266

respecting grant for church at. . . . 272
Pictou Academy, cause of trouble between

Kirk of Scotland and Dissenters. . 274

question of college union 276

Pidgeon, Lieutenant, desires to be ad-
mitted to holy orders 258, 259

Pike, Edward, exhibition recommended . . 265
Pistereens, Act of Nova Scotia respecting

the cutting of 29

amendment of Act respecting 30

value of, in Quebec, 1764 45

Pistole, Spanish or French, Value of, in

Quebec, 1764 45

INDEX

299

SESSIONAL PAPER No. 29b

PAGE.

Placentia, grant for churches and schools

at 273

Plante, J., Letters from, to Nellson . . 141, 146

Plattsburg, Plan of siege of 17

Plajing Cards, Act of Nova Scotia grant-
ing' excise upon, 1771 32

Plessis, Mgr. J. O., Journal of 16

Plough Boy, Prospectus of 126

Pointe a la Chevelure, Plan du, 1731 . . 20
Poor, Act of Nova Scotia respecting main-
tenance of 33, 36

Pope, Hon. J. H., Letters to and from . . 43

Population, Discussion of theory of. . . . 141

Port Joly, Terrier du 16

Port Lawrence, Bishop Inglis proposes

church at 246

Port Roseway Associates, Minute Book

of. 1782-3 8

Porter, Reverend Mr., elected President

of King's College 263, 270

Porter's Lake, Church at 273

I'ortland, Dedication of church at . . . . 274

respecting legislation of parish of . . 281
Post Office Department, articles of agree-
ment with the Department of the

United States, 18.^1 and 1873 14

Pothier, Toussaint, Memorandum by, on
Political Conditions in Lower Can-
ada, 1829 S7

Preble, Joshua, Address of, respecting de-
fence of Canada 103

Pre-'byterian Church, Claims of, on clergy

reserves 142

doubt as to validity of marriages

solemnized by ministers of 143

Preston, Church at 230

respecting allowance for negro school

at 272

Prevost, Governor, criticisms upon. . . . 105

article censuring 107

relations with P. Bedard 107, 108

public effects of criticisms upon.. .. 108

difference with Assembly 108

chances of peerage 108

attitude of British party towards . . 109

accusation against 110

his departure Ill

Price, Hon. D. E., Letters from 43

Price, Reverend Mr 256, 260

Price of Provisions, Act of Nova Scotia

respecting excessive, 1777 37

Prince Edward : rumour he is to be Vice-
roy of North America Ill

Prince Edward Island State Papers, 1821. 6

Prince Edward Island, grant of Rustico. . 7

Customs papers, 1789-1809 14

manuscript history of 15

map of, 1850 21

quit rents in ^ 115

action taken against non-resident

proprietors 120

forfeiture of lands in 122

description of (1789) 235

assistance desired for church 267

church affairs at 268, 270

number of Anglican churches in

(1827) 271

reservations of land for church . . . . 279

alienated glebes 280

sources of church revenue 280

assistance to schools 283

Prince Edward Island correspondence.

Precis of, 1789-1790 7

Page.
Prince of Wales Fort, Journal at, 1722-

1723 7

Prince William, Population of parish of. 255

parish should be divided 276

Prince William Henry, visit of Bishop

Inglis to 232

views of 232

Proctor, General, under Court Martial . . 109

Prothonotary's Office, ill managed .... 92
Provincial Agent to England, Bedard's

views upon 107

for Lower Canada in England, dis-
cussed 129

Prussia endeavours to obtain treaty of

commerce with American Colonies. 174
disavowed mission to Congress. . . . 212
Public Accounts, Act of Nova Scotia re-
specting, 1776 37

Public Works, Department of. Documents

received from 14

Q

■ Quakers : address to members of society
who had been excluded from it,

1781 184

discourage war, 1781 186

schism among, 1781 186

working among Indians, 1781 186

assaulted for indifference to Ameri-
can cause 211

Qu'Appelle Valley, Track survey of, 1859. 19

Quarantine, Documents respecting .... 43
Quarter Sessions, Fees to be allowed to

officers 115

fees allowed to officers of 116

Quebec, Garrison Orders, 1812 15

Memorial on Education, 1787 15

Committee of Correspondence at,

1834 15

Minutes of Lottery Club at 16

list of assessors from 1796 to 1802.... 100

educational conditions in 112

wretched state of Church of England

in 236

arrangement for Anglican service in. 237
Anglicans used RecoUet Church.. .. 237
Bishop's Palace used by Court of Jus-
tice 237

Bishop Inglis visits school at 240

Quebec, County of, Neilson candidate for,

115, 116
information as to corruption in elec-
tion 117

protest against members returned . . 118

address of Neilson to electors . . . . 120

state of poll during election 121

indenture certifying election of John

Neilson 121

Quebec, Province of, Ordinances, 1764-

1767 45

boundaries of districts, 1764 48

Ordinance for preventing persons

leaving without a pass, 1764.. .. 55
Carte R4gionale de la Province de,

1911 20

Laws in force, 1764 47

Quebec Agricultural Society, Ploughing

match of 121

reference to : 123

respecting exhibition by 124

report of meeting of 129

Quebec and Chatham, boundary line be-
tween, 1866 20

300

INDEX

4 GEORGE V, A. 1914

Page.

Qubec Anti-Union Delegates, Votes for.. 134

Quebec Battlefield Park, Map of 17

Quebec Benevolent Society, 1789-1S08,

Rules and members of 16

Quebec Constitutional Committee, criti-
cised by Papineau 134

report of proceedings 135

letter from 141

Quebec Gazette, Historical notes extracted

from, 1766-1774 16

organ for Government publications,

1764 49

proposition of William Smith respect-
ing 100

attack upon 142

respecting affairs of 144

respecting proposed suit against Lord

Dalhousie 145

affairs of 145

papers respecting relations with Gov-
ernment 148

net average revenues of 149

history of 149

statement of case prepared for legal

opinion 150

Andrew Stuart's opinion on 150

opinion of Mr. Valliere de St. Real on

the case 150

application for injunction restraining

John Charlton Fisher refused. ... 151
application for Mandamus directed to

Sheriff refused 151

opinion of N. C. Tindal on case. . . . 151
Quebec Miscellaneous Correspondence,

1786-1787 and 1765-1789 6

Queensborough, Population of parisli of. 255

Queenston Heights, Map of 20

Quesnel, F. A., Letter from, to Neilson, 140, 144

R

Rawdon, Arrangement for church service

at 258

Ready, Lieutenant Governor, arrives at

Charlottetown 268

Ready, Colonel J., Letter from, to D.

Sutherland 124

letters from, to Neilson .. ..126, 128, 148

Rebellion of 1S37 : Minutes of Montreal

Committee of Correspondence. ... 15
Minutes of Quebec Committee 15

Recollet Church, to be granted to Angli-
cans 241

Records and Archives in Lower Canada,

Irregularities in safeguarding. ... 92

Red River Troubles, 1869-1870, Manu-
script History of 16

Regiments, Muster Rolls of : 60th Regi-
ment 3rd Battalion, 1759 ; 22nd
Regiment, 1759-1760 ; 27th Regi-
ment, 1759-1760 ; 15th Regiment,
1760-1767 7

Registration, of Grants, etc., of land, etc.,
in Province of Quebec, Ordinance

repecting, 1764 57

Act of Nova Scotia respecting deeds,

1752 31

of marriages, births, and deaths, Act

of Nova Scotia respecting, 1782.. 40

Religious Congregation Act of Nova

Scotia, Observations upon 271

Repentigny. Seigneurie de, 1765 21

Revenue, Act of New Brunswick respect-
ing 41

Page.
Revenues, Ordinance of Cape Breton ap-
pointing commissioners to superin-
tend expenditure of public 42

Revision Court, Plumitif of the 13

Revolution, American : Act respecting
goods of Nova Scotians who had

joined rebellious, colonists 39

Revolution, War of : Act respecting ad-
mission of loyalists to Nova Scotia,

1775 35

Richelieu, Island of. Plan for fortifying,

1760-7 25

Richelieu River, Geodetic survey of . . . . 22
Richibucto, Church service provided for. 272
Richmond, Duke of, said to approve con-
tentions of Assembly 144

Riding and Driving, Ordinance to prevent

disorderly, in Quebec, 1764 61

River Raisin, Details of battle of 104

Roads, Act of New Brunswick respecting. 41
Act of Nova Scotia respecting. ... 40

Robertson, Reverend James 275

Robinson, Colonel Beverly 260

Rochambeau. Arrangements of Rhode Is-
land for reception of 152

arrangements for lodging his trocps,

1780 161

to be under Washington's orders. . . . 180

letter to La Luzerne 182

movements of, 1781 187

his position at beginning of 1782. . . . 224

Roche, A. R., Letters from 43

Rogues, Act of Nova Scotia for punish-
ing, 1774 34

Roman Catholics, Act of Nova Scotia re-
pealing certain clauses found in-
jurious and oppressive to 39

Roman Catholic Church, Desirability of

attaching, to the Government. ... 97
activities in Nova Scotia and New

Brunswick 270

Anglican Bishop protests against i!i-

corporation of 283

Rose, Sir John, Letters from 43

Rules of practice of Courts in Lower

Canada 106,108

Bedard's views upon 109

difficulties in connection with 119

Rupert's Land, Map of portion of, 1859. . 19

Russell. Peter, Letter book of 16

Russia, desires commercial relations with

American Colonies, 1780 173

respecting mediation by, 1781 181

satisfaction of, with resolution of

Congress, 1781 184

attitude towards American Colonies. . 209-
Rustico, Grant of the island of, 1785. ... 7

Rutledge, Governor of South Carolina,

mentioned 158

Ryan, Senator, Letters from 43

Rye, Act to prevent exportation of, from

Nova Scotia, 1772 33, 36

Ryland, H. W., Warrant for arrest of . . 110
letter to S. Neilson 150'

Sackville, New Brunswick, Transfer of

Mr. Milner to 271

church at, burnt 272

grant to church at 273,274'

Sackville, Nova Scotia, Arrangement for

church services at 266'-

INDEX

301

SESSIONAL PAPER No. 29b

Page.

church at, consecrated 267

subscription for church at 272

charges against Mr. Gray 277

Sackville Townshii:s, Number of families

in 245

Salmon Cove, Satisfactory account of mis-
sion at 272

Salt, Reverend T 275

Saskatchewan, Track survey of, 1859 . . 19
Saunders, Chief Justice, Letter of Bishop

to 269

Savage Island, St. John River, Condition

of 260

School Bill of Lower Canada, Letters

upon 126

Schopl lands in Nova Scotia 281

Schools, in Lower Canada 241

in Nova Scotia, Assistance to. . . . 271

Scovil, Reverend Mr 254,256

Scovil, Mr., recommended as scholar. . . . 270

Scovil, Samuel, Bequest to church from;. 281
Seamen and soldiers : Ordinance of Prov-
ince of Quebec in respect of their

debts 70

Seigneurs, Deterioration of 88

Seigniorial Act, Proceedings of Court

under 13

Seigniorial System : Lods et Vents .... ^ o

letter book of S. Leligvre 13

papers relating to seigniories in

Montreal District 15

Selkirk, Lady, mentioned 144

Sewell, Chief Justice, Addresses to . . . . 108

prospective return to Canada 114

reception on return from England.. 115

civilities to Judge Bedard 121

combination of offices in 142

Sewell, W. S., Letters from, to Neilson

and Cowan 150

Shediac : Vestry book of St. Martin's

Church 14

Register of Marriages, Baptisms and

Burials, 1825-1834 15

arrangement for church service at. . 271

Reverend S. T. Arnold appointed to. 272

vacancy at 277

Sheffield, Consecration of church at. . . . 256

Shelburne Manuscripts, 1751-1783 7

Shelburne, Nova Scotia, Sketch of man-
ners at, 1787 8

Petition of overseers of the poor,

1789 8

church at 230

population of 248

black population of 248

Sheriffs, Act of Nova Scotia authorizing

appointment of 38

Sherwood, Mr., Prosecution of 114, 115

Shilling, British, Value of, in Quebec,

1764 45

Ships of War on Lake Ontario in 1813. . 103

Shreve, Charles, scholarship 265,273

Shreve, Reverend Mr 244,245,246,

258, 265, 266, 269

Shreve, Reverend James 265

Shubenacadie Canal, Complete failure of. 274

Shultz. Sir John, Letters from 4 3

Sillery, Cadastres of 13

Sissiboo, Church at 230, 231, 251

visit of Bishop Inglis to 229

Six Nations Leases 11

Smallwood, General, mentioned 160

Smith, Chief Justice, supposed originator

of Union Scheme 129

Page.

Smith, Sidney, Letters from 43

Smith William, Publication of history by. 101

Snyder, Henry, an exhibitioner 266

Society for the Propagation of the Gospel,

seeks assistance from Government. 264

restricting its activities 274

Soldiers and seamen : Ordinance of Prov-
ince of Quebec in respect of their

debts, 1765 70

Sols Marques, Value of, in Quebec, 1764. . 46

Somerville, Reverend A. C 265,271

Sorel, Cadastres of 13

visit of Bishop Inglis to 238

South Carolina, People of, wavering in

attachment to independence, 1780. 157
Legislature convoked after lapse of

two years 219

Southern Colonies, Critical situation in

1780 155

alleged lukewarmness regarding in-
dependence, 1780 107

favourable position of affairs in, 1780. 173

fears respecting 185

movements of armies in, 1781 187

effect of American successes in, 1781. 195
Spain, Attitude of, on boundary ques-
tions 158

respecting extent of her claims in

America, 1780 159

disposed to give material aid to

United States, 1780 159

suggested mode of negotiating with,

1780 163

and American Colonies, observations
on controversial points in negotia-
tion between 164

matters in controversy with 166

assistance of, to American Colonies,

1780 168

mode of negotiating with 168

resolved to accomplish independence

of American Colonies 172

matters in negotiations with.. ..172, 176
Great Britain endeavouring to secure

separate peace with, 1781 181

accepts mediation, 1781 183

aid to Americans, 1781 185

efforts of American Colonies to obtain

loan from, 1781 196

not favourable to loan, 1781 197

fails to keep promises to Congress,

1781 204

discouraging Congress as respects

loan, 1781 208

Spanish claims. Attitude of different Col-
onies towards, 1780 155

Spanish Provinces, Governor of Jamaica

ordered to attack 158

Spectatew, First number of 105

change of proprietorship of 117

Speedy, Wreck of 100

Spencer, Archdeacon 267,271

Spencer, Reverend Aubrey G., Appointed

Commissary for Bermuda 264

Spirituous Liquors, Act of Nova Scotia

imposing a duty upon 29

Act of Nova Scotia, respecting. .29, 33, 34, 36

Act respecting duties upon 35, 38, 39

Ordinance of Province of Quebec re-
specting sale of, 1766 82

Springfield, New Brunswick, Report re-
specting church at 261

302

INDEX

4 GEORGE V, A. 19U

PAGE.

arrangements for church at 270

St. Andrews, Act for building- a slip in

harbour of 40

St. Andrew's Church, Quebec, selection

of pastor for 123

Reverend James Harkness to assume

pastorship 124

form of call to pastor 142

St. Andrews, New Brunswick, Condition

of church at 229

respecting glebe at 260

respecting church trouble at 272

St. Augustine, Expedition against, 1780.. 162

St. Eleanor's, P.E.I. , church at 265

satisfactory conditions at 267,270

St. Gabriel, Cadastres of 13

St. John River, Plan of, 1862 21

description of journey up fl7SS) .. 228
St. John to Canada, Route of the troops

from, 1862 21

St. John, New Brunswick, "Vessels regis-
tered at, in 1817 14

visit of Bishop Inglis to 228

description of, in 1788 228

clergyman recommended for 228

church plate, Trinity Church 233

progress of 254

condition of Anglican Church at. . . . 254

Bishop's visitation at 257

Trinity Church consecrated 257

respecting glebe at 260

negroes at, desire schoolmaster. . . . 260

church matters at 273

St. John Free Chapel, Arrangement for

service at 270

some difficulties at 273

St. Lawrence, Map of the basin of, 1853. lo

survey of part of North Shore. 1768. 17

description of country along (1789). 237

locks on (1789) 239

St. Mary's, Assistance in building church

at 272

St. Nicholas, Cadastres of 13

St. Ours, C. de, Letter from, to Papi-

neau 132, 133

St. Ours, Seigneurie de. 1765 21

St. Paul, Parish of, divided 270

St. Paul. Halifax, Efforts to restore bar- •

mony at 272

St. Stephens, Troubles at 273

St. Sulpice, Records from the Seminary

of 15

Stanley, Right Honourable E. G., Letter

from Bishop Inglis to 277

Stanser, Rev'd Mr., arrives at Halifax, 251, 252

attends meeting of S.P.G 263

letter to 265

Stanton, 'William : information for Quebec

Gazette 115

Stephen, Sir George, Letters from 43

Steuben, Baron, strengthening army of

the South, 1780 168

Stewart, Dr., mentioned 147

Stirling, recommended as exhibitioner . . 271
Strachan, Dr., John : a work he is pub-
lishing 104

letter to Mr. Neilson 114, 123, 124

appointed Archbishop of Kingston,
promised bishopric of Upper Can-
ada 145

engaged in framing Union Bill .... 145

Strange, Chief Justice 244

Street, Reverend Samuel Denny Lee.. .. 272

i T Page.

Street, Reverend Mr 273

Stuart, Andrew, appreciated by Canadians. 116

letters to Neilson, 109, 125, 129, 136, l4l,

145, 146

commendation of, by Papineau. . . . 134

letter to Neilson and Cowan 150

Stuart, James, Union Delegate to England. 129

object in going to England 130

distrusted by Unionists 135

sails for England 13$

movements of 142

engaged in framing Union Bill . . . . 145
appointed Attorney General of Lower

Canada 146-

Stuart, Reverend Mr 240

Stuart, Reverend John, appointed Commis-
sary in Upper Canada 241

Submarine Cables, Map of world 28

'Ugar, Act of Nova Scotia respecting duty

upon, 1771 32

Act of Nova Scotia respecting duties

upon, 1772 35

Act respecting duties upon, 35, 37, 38, 39, 40
Sullivan, General, coinmended by French

Minister, 1781 191

pecuniary aid from France, 1781.. .. 199

Sulpician, Estate 237

Summerside : proposed breakwater, 1900. 28
Sunday Schools, established in Nova

Scotia 233

Supreme Court, Act of Nova Scotia re-
specting times for holding 36, 40-

Sussex Vale, Work among Indians at . . 244

arrangements for church at 270

Sydney, Nova Scotia, Register of marri-
ages, births and deaths in, 1785-

1813. 15

Ordinance for choosing constables for 41
Ordinance for regulating the price of

cartage in 41

Sydney, Cape Breton, Conditions of

church in 262

T

Taschereau : prospect of his attaining

Adjutant Generalship 104

Taschereau Papers. 1694-1874 16

Taxes, Collection of, in Colonies dependent

on good will of people 223

Tea, Act of Nova Scotia, granting excise

upon, 1771 32

Temiscouata Portage, Sketch of 27

Temple, John, returns to America . . . . 217
Thanksgivings. Reasons for infrequency

of public 268

Thompson, John, recommended for schol-
arship 273

Thompson, Reverent! Dr 266, 272

Thomson, H. C, Letter from, respecting

Anti-Union measures 129

letter to J. Quesnel 133

letter to J. R. Kimber 136

Thomson, Poulett, Commission of, as

Governor 16

Three Rivers, Burton's report on Govern-
ment of, 1763 8

visit of Bishop Inglis to 238

Tilley, Sir Leonard, Letters from 43

Timber, Act of Nova Scotia respecting

exportation of, 1772 33

Toosey, Reverend Mr., 236, 237, 239, 240, 241

Townshend. Reverend G ^ 278

Tor Bay, Expenditure on church in. . . . 271

INDEX

30S

SESSIONAL PAPER No. 29b

Page.

Toronto Harbour, Map of, 1897 28

Trade and Commerce, Restrictions upon. 126

tions upon 120

Treason and Felony, An Act of Nova

Scotia respecting, 1771 32

Treasons and Felonies, Act in amendment

of earlier Act respecting, 1774 . . 3.j
Treaty of Commerce, Negotiation of, with

Great Britain i^o

Trimmingham, Mr., recommended as

scholar 270, 274, 275

Trinity Term. Ordinance of Province of

Quebec for adjourning 72

Trois Rivieres, Cadastres of banlieu of. . 13
minutes of Notary Severin Ameau,

1661 15

Ordinance for hearing and determin-

ign certain offences 72

return of baptisms, marriages and

burials for year IS 10 101

rules of practice of court at 104

absence of public spirit in 109

petitions regarding Court of Justice

at 110

elections in 114

proposed establishing of Agricultural

Society 121

conditions in court at 122

return of baptisms, marriages and

burials for district for 1819 123

return of baptism, marriages and

burials for 1821 127

statement of baptisms, marriages and

burials for 1821 136

Constitutional Committee passed vote

of thanks to Neilson 141

Constitutional Committee sending

funds , 141

Trumbull, frigate, taken by English.. .. :i02

Truro, Church at, consecrated 265

Tucker, Reverend Richard 272

Tunstall, Reverend Mr 240, 241

Twining, Reverend Mr., 242, 243, 244, 245. 252.

266, 271

U

Uniacke Reverend Mr 270

Uniacke! Reverend R. F 266, 283

Uniacke, Richard 265

Union Bill : differences between earlier

and later drafts 130

misrepresentations as to its effect . . 131
Government unaware of proceedings

of Anti-Unionists 132

attitude in Quebec respecting Anti-
Union delegates 133

attitude of Upper Canada respecting. 133
objections owing to great distances

in Canada 135

action of advocates and opponents. . 135

heads of 136

memorandum of arguments against. . 136
opposition of all classes of Canadians

to 140

postponed 142

rumoured revival of 144

distresses Viger 146

distrust created by 146

prospects of 14 7, 14 8

Union of Upper and Lower Canada, Re-
ference to 129

Union Scheme not malady but symptom. 147

Page.

Unionists, activities of 130

vexations of 144

United States of America, 1817 25

Correspondance politique, 1780-1 . . 9

Upper Canada, Land records of 14

minutes of Surrogate Court, 1796-

1833 16

printing of the laws, 1801 99

King's Printer in, 1801 99, 115-

isolation of, during winter 99

educational matters in 114

question of sending delegates to Eng-
land 130

attitude towards Union Bill 131

population of, 1823 140

probable population of, 1789 237

Upper and Lower Canada : map of coun-
ties in 1853 19-

no ill feelings between 130

V

Vagabonds, Act of Nova Scotia for

punishing, 1774 34

Vancouver, City of, 1887 27

Vanfelson, G., Letter from, to Neilson . . 121

Vassal de Monviel, Illness of . . . . . . . . 104

Vergennes, Letters from, to La Luzerne, 154,

167, 171, 180, 181, 183, 186, 187, 194,

198, 202, 207, 208, 220

Vermont, Reference to affairs of 161

historical memo. on origin and

claims of, 1780 162

alienated from Congress, 1781.. .. 19Y

reference to affairs of, 1781 200

relations with other States 219

settlement of difficulties gratifying

to France 221

difficulties in 225

boundary dispute with New York . . 225
Vessels, Act respecting duty on vessels

coming into Halifax Harbour. ... 38
Act for procuring, for protection of

coast of Nova Scotia 3 9^

Veyssiere, Reverend Mr 238, 241

Viets, Reverend Mr 229-

Viger, D. B., wrote first number of Spec-
tat eur 105

letters to Neilson, 126, 141, 142, 143, 144,

145, 146, 147

Villet, Colonel, "Wins victory over British. 216

Virginia, zealous for independence. . . . 152

public spiritedness of, 1780 168

dissatisfied with discussion of claims,

1781 173

land speculation in, 1781 175

French supplying financial needs of. 203

receives special grant from France. . 217

political movements in 220

situation in, at end of 1781 226

W

Wages, Act respecting, 1777 37

Walford, Charles, to be exhibitioner. . . . 271

Walker, Reverend Mr 266, 270

Waller, Sir Robert, Letters from, to

Neilson 138

Wallett, Samuel 273

War, United States, Department of. Gen-
eral Lincoln placed in charge of. . 223
War of 1812, incidents in,

102, 103, 104, 105, 106, 107

Port de
LOUISBOURG

Lcue pai^ Ic Cir lie la Ri^aui/icrc
Liad^dc liusseaucc du Ron
.■PARIS Chcx. U S'^i^: Rouge me t^&r ^gr-'f-/,i,i
Renvoy

A Ba^iian Jil Rjjy DBcLrbon BraulU
B Bthfdan Jf la Ram E Biurlwn Jfauf

C.DcnuBashon F Dcnu Bnj-lur

de Li Rem.- D.uifhin

(^Jfot^iujn du Roy
H Hopiiiil
I R^-coUr

4 GEORGE V. SESSIONAL PAPER No. 29c A. 1914

PUBLIC ARCHIVES

DOCUMENTS

RELATING TO

THE COiNSTITDTIONAL HISTORY OF CANADA

1791-1818

Selected and. edited witli notes by

Arthur G. Doughty

ANIi

Duncan A. McArthur

PRINTED BY ORDER OF PARLIAMENT

OTTAWA

PRINTED BY C. H. PARMELEE, PRINTER TO THE KING'S MOST

EXCELLENT MAJESTY

[Xo. 29c— 1914.] 1914.

SERIES OF CONSTITUTIONAL DOCUMENTS PUBLISHED
BY THE CANADIAN ARCHIVES

1. Documents relating to the Constitutional History of Canada, 1759-1791, edited

by Shortt and Doughty.

English edition published in 1907, out of print.
French edition published in 1907, out of print.

2. Documents relating to the Constitutional History of Canada, 1791-1818, edited

by A. G. Doughty and Duncan A. McArthur. Published 1914.

3. Documents relating to the Constitutional History of Canada, 1818-1841, in

preparation.

4 GEORGE V.
1

SESSIONAL PAPER No. 29c

A. 1914

I

Page
IX

13

33
49

54

55

55
57

59

60
62

63

68
70

71
71

72

77
83
85
86

91

101
105
106
107
109
111
118
121
125
146
158

162
163
164
165
165

166
166

167
168
170
171

172

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4 GEORGE V. SESSIONAL PAPER No. 29c A. 1914

TABLE OF CONTENTS

Page

Introduction IX

Order in Council dividing the Province of Quebec into the Provinces of Upper and Lower

Canada, August 24, 1791 3

Commission to Lord Dorchester as Governor in Chief of Upper and Lower Canada,

September 12, 1791 5

Instructions to Lord Dorchester as Governor in Cliief of Lower Canada, September 16

1791 13

Instructions to Lord Dorchester as Governor in Cliief of Upper Canada, September 16

1791 .' 33

Instructions relating to Trade and Navigation, September 16, 1791 49

Commission to Alured Clarke as Lieutenant Governor of Lower Canada, September 12,

1791 54

Commission to John Graves Simcoe as Lieutenant Governor of Upper Canada, Septem-
ber 12, 1791 55

Proclamation fixing the day for the commencement of the new Constitution, November

18. 1791 55

Simcoe to Dundas, November 19, 1791 57

Report of the Executive Council of Lower Canada respecting the Crown Lands February

4, 1792 59

Proclamation respecting Crown Lands in the Province of liower Canada, February 7

1792 ; 60

Clarke to Dundas, April 28, 1792 62

Opinion of the Solicitor General of Lower Canada on the Constitution of the Court of

Appeals, January 30, 1792 63

An ordinance regulating the causes in appeal to the Court of the Governor and Executive

Council, February 24, 1792 68

Dundas to Clarke, July 12, 1792 , ,[[ 70

Additional Instructions respecting the constitution of the Court of Appeals, Lower Canada

July 12, 1792 71

Clarke to Dundas. July 2, 1792 .. , * 71

Proclamation dividing the Province of Lower Canada into districts and counties. May 7

1792 72

Proclamation dividing the Province of Upper Canada into counties, July 16, 1792 77

An Act introducing English Civil Law into Upper Canada. 32 Geo. Ill, c. 1 83

An Act establishing trial by jury in Upper Canada, 32 Geo. Ill, c. II 85

An Act for the appointment of town officers. Upper Canada, 33 Geo. Ill, c. II S6

An Act regulating local taxation and providing for the payment of members of the House

of Assembly, Upper Canada, 33 Geo. Ill, c. Ill pl

Letters patent erecting the Provinces of Lower Canada and Upper Canada into a Bishop's

See, June 28, 1793 101

Extracts from the Rules and Regulations of the House of Assembly of Lower Canada. . 105

Suggestions of Lord Dorchester on the Government of Canada 106

Dundas to Dorchester, July 17, 1793 107

Dundas to Clarke, October 3, 1792 * 109

Plan of a Bill for altering the courts of justice. Lower Canada Ill

Mcnk to Dundas, June 6, 1794 118

Dissent of M. de Lanaudiere from the passing of the Judicature Bill, May 1. 1794 121

The Judicature Act, Lower Canada, 34 Geo. Ill, c. VI 125

An Act establishing a Court of King's Bench in Upper Canada, 34 Geo. Ill, c. II 146

An Act rstablishing District Courts in Upper Canada, 34 Geo. Ill, c. Ill 158

Procef dings of the Legislative Assembly, Lower Canada, on the question of privilege.

Journal of Assembly, November 27. 1793 162

" " December 18, 1793 163

January 9, 1794 164

January 10, 1794 165

January 13, 1794 165

Right to originate legislation inflicting pecuniary penalties. Lower Canada.

Journal of Assembly, April 5, 1793 166

Legislative Council, April 27, 1793 166

A.ssembly, February 18, 1795 167

Dorchester to Dundas, December 31, 1793 168

Dorchester to Dundas, December 31, 1793 ... 170

Dundas to Dorchester, May 11, 1794 171

Warrant for the appointment of honorarv members of the Executive Council. June 30,

i.» 1T2

iii

CAXADIAK ARCHIVES

^ GEORGE v., A. 1914

Page

Simcoe to Portland, February 17, 1795 173

Simcoe to Dorchester, March 9, 1795 176

Dorchester to Portland, February 20, 1795 183

Portland to Dorchester, May 27, 1795 185

Portland to Simcoe, September 3, 1795 187

Additional instructions relating to the Indian Department, December 15, 1796 189

Opinion of Jonathan Sewell on the authority of the rectors, church wardens, and vestries

of the Church of England, June 10, 1795 189

Opinion of Attorney General Jonathan Sewell on the right to collect tithes, Oct. 1, 1795.. 191
An Act respecting the eligibility of persons to be elected to the House of Assembly, Upper

Canada, 35 Geo. Ill, c. II 194

Si^Ticoe to Portland, December 21, 1794 196

Simcoe to the Lieutenants of Counties 198

Commission to Lieutenants of counties. Upper Canada, November 2, 1792 200

Simcoe to Po- tland, January 22. 1795 200

Portland to Simcoe, May 20, 1795 204

Simcoe to Portland. October 30, 1795 206

Portland to Simcoe, March 3, 1796 210

Opinion of Sir William Grant on the right to collect tithes, January 8, 1796 211

Constitution of Executive Council, Upper Canada.

Minutes of Executive Council, August 11, 1797 212

12,1797 213

An Act for the better preservation of His Majesty's Government, Lower Canada. 37 Geo.

ni c. VI 215

Russell to Portland, November 19, 1797 217

Portland to Russell, January 10, 1798 218

Right of the Legislative Council to amend Bills imposing a Tax.

Journal of the House of Assembly, Lower Canada, May 5, 1798 219

Legislative Council. Lower Canada, May 8. 1798 220

House of Assembly. Lower Canada, May 9, 1798 221

An Act for the division of Upper Canada into counties. 38 Geo. Ill, c. V 222

Documents relating to the entry of the Minutes of the Executive Council, Lower Canada.

M nut'^s of the Executive Council, September 20. 1798 227

•• " " December 22. 1798 229

March 25. 1799 233

Delegation of the functions of the Lieutenant Governor of Upper Canada.

Minutes of the Executive Council, August 22, 1799 236

24, 1799 237

September 1, 1799 240

Portland to Milnes, February 20, iSOO 242

(Enclosure) Portland to Duke of York, February 21, 1800 242

Milnes to Portland, May 13, 1800 244

Additional Instructions relating to the Indian Department, July 16, 1800 244

Redistribution Act. Upper Canada, 40 Geo. III. c. Ill 245

Act for the further introduction of English Criminal Law into Upper Canada, July 4,

40 Geo. Ill, c. I 246

Milnes to Portland, November 1. 1800 249

Portland to Milnes. January 6, 1801 255

Milnes to Portland,^ April 16, 1801 257

(Enclosure) Abstract of Act respecting Lods et Ventes 259

" Protest of Chief Justice Osgoode 262

" Report of the Attorney General on the protest of Chief Justice Osgoode. 264

Milnes to Portland, May 15, 1801 270

(Enclosure) Report of a Committee of the Executive Council. Lower Canada, May

1, 1801 272

(Enclosure) Protest of Chief Justice Osgoode 273

(Enc'osure) Report of a Committee of the Executive Council, May 7, 1801 273

(Enclosure) Report of the Attorney General, May 15, 1801 274

Milnes to Portland. June 12. 1801 278

Osgrorle to Ryland, Mnv 25, l^('i 280

Portland to Milnes, July 13, 1801 281

Reference to the Attornev and Solicitor General respecting the Court of King's Bench of

Lower Canada, July 22, 1801 282

Repo t of the Attorney and Solicitor General on the constitution of the Court of King's

Ben h, Julv 30, ISOl 283

Ryland to Chief Justice Monk, September 3, 1801 285

Proceedings relating to the expulsion of Charles Bouc from the House of Assembly, Lower
Canada —

House of Assembly, March 31, 1800 285

April 2, 1800 287

Januai-y 24, 1801 287

March 20, 1801 288

February 12, 1802 289

" " February 17, 1802 290

TABLE OF CONTENTS v

SESSIONAL PAPER No. 29c

Page

Honse of Assembly, F bruary 23, 1802 290

" " February 26, 1802 291

" " February 27, 1802 292

March 22, 1802 292

An Act disqualifying Charles Bouc from being elected to the House of Assembly, Lower

Canada April 5, 1802 292

Plpn of a Bill erecting a Court of Chancery in Upper Canada 294

Observations on a Bill erecting a Court of Chancery in Upper Canada 298

Order In Council respecting a Court of Chancery for Upper Canada, Mai'ch 24, 1802. . . . 300

R'ght of the Crown to nominate Publ'C Officers —

Journal o^ the Legislative Assembly, April 20, 1S04 301

Report of a conversation between Attorney General Sewell and Monseigneur Plessis on

the relation between the Crown and the Roman Catholic Church, April 26, 1805. 304

Petitions frrm the Eastern Townships for Representation —

Mi u'es o' th- Fxerutive Council, July 31. 1805 309

Tenth Report of the Sp cial Comm ttee, July 26, 1805 310

Report of the Attorney General of Lower Canada on the means of changing the basis of

repr^Ee"t"tion 312

Proclamation conferring the Government of Lower Canada on Thomas Dunn, July 31,

1805 315

An Act r specting the trial of controverted Elections in Upper Canada, 45 Geo. Ill, c.

Ill 316

Grant to Castlrcagh, March 14, 1806 318

Adl e 8 of the Leg slative A'^sembly to President Grant, March 1, 1806 320

Reply of Preside t Grant to the Address of the House of Assembly 321

Opinion of the Attorney and Solicitor Gfneral of Upper Canada on the address of the

T egis'ative Assembly, May 12, 1807 321

Observations on the Government of Canada by John Black, October 9, 1806 323

Proceedings relative to the Petition against the election of Justice Thorpe —

Jo' rnal of the Legislative Assembly, Upper Canada, February 9, 1807 325

" " " " February 10, 1807 327

Gore to Windham, March 13, 1807 327

Ca'tl reagh to Gore, June 19, 1807 330

Redistribution Act, Upper Canada, 48 (Jeo. Ill, c. II 331

An Act regulating- the trial of controverted elections. Lower Canada, 48 Geo. Ill, c. 21. . 332

Opinion of Sir John Nicholl on the powers of the Bishop of Quebec, April 23, 1808 339

Privilege of the Legislative Assemblj', Lower Canada —

Journal of the Legislative Assembly, February 16, 1808 342

February 29, 1808 .343

March 8, 1808 344

Proceedings relative to the imnrisonment of Joseph Wilcocks for contempt of the House
of Assembly, Upper Canada —

Journal of House of Assembly, February 18, 1808 346

February 20. 1808 347

March 16, 1808 348

Observat'ons relative to the Political state of Lower Canada by Mr. Ryland 348

Report of the disadvantages arising from the election of Judges to the Legislative
Assembly, Lower Canada —

Journal of House of Assembly, May 10, 1809 350

Proceedings relating to the expulsion of Ezekitl Hart from the House of Assembly, Lower
Canada —

Journal of House of Assembly, January 29, 1808 361

February 1, 1808 352

February 12, 1808 352

February 17, 1808 353

" " February 20, 1808 354

April 19, 1808 354

May 5, 1809 355

Minutes of Executive Council, April 19, 1809 366

May 10, 1809 35^

Crair fo Ca'^tlereagh, June 5, 1809 360

Castlereagh to Craig, September 7, 1809 363

Cast'p'f agh to Craig, September 7, 1809 364

Resolutions of the House of Assembly of Lower Canada respecting its privileges —

Jou nals of the Hou?e of Assembly, February 3, 1810 365

Address of the IIo ise of Assembly of Lower Canada to the King 366

to Sir James Craig 367

Reply of Sir James Craig to the Address of the House of Assembly 367

Bill for the appointment of a Provincial Agent for Lower Canada 369

Proceedings relating to the expulsion of P. A. DeBonne from the House of Assembly,
Lower Canada —

Journals of House of Assembly, February 24, 1810 370

Speech of Sir James Craig on proroguing Parliament 371

CANADIAX ARCHIVES

4 GEORGE v., A. 1914

Page

Craig to lil ei-pool, March 80, 1810 372

Proceedings in the Court of King's Bench relating to the imprisonment of Pierre Bedard,

iip il 17, ISIO 379

Craig to Liverpool, May 1, 1810 387

Obsprvat rns of C ief Justice Sewell on the union of the Provinces 400

Opinion of Sir V. Gibbs on the proposed changes in the constitution, August 22, 1810. . . . 406

Live' po 1 to Crnlg, S ptember 12, 1810 407

Liverpool to Craig, September 12, 1810 408

Craig to R.\ land. November 9, 1810 411

Opinion of Chief Ju.stice Monk on the power of erecting parishes in Lower Canada,

August 10, 1810 413

Pio;eeding3 relating to the disallowance of the elections of James Wilson and John
Rol 111, Upper Canada —

Journal of the House of Assembly, February 6, 1810 416

" " " February 12, 1810 417

" " " February 26, 1810 417

" " March 3, 1810 418

" " " March 7, 1810 419

An Act disqualifying Judges from sitting in the House of Assembly, Lower Canada, 51

Geo HI, c. IV 420

Resolutions of the House of Assembly of Lower Canada on the imprisonment of Pierre

Bedard —

Journal of House of Assembly, December 24, 1810 420

Report of the Executive Council on the imprisonment of Pierre Bedard, April 4, 1811. . . . 422
Opinion of the t aw Officers of the. Crown on the right of presentation to Roman

Catholic livings. Lower Canada, July 3, 1811 424

Proceedings relative to the right of the Legislative Assembly of Upper Canada to com-
mit to Jail for breach of privilege —

Journals of Legislative CouncU, March 2, 1812 425

Pioceeding^ in the House of Assembly relative to the exercise of the power of imprison-
ment by the Executive Council, Lower Canada —

Journal of House of Assembly, May 11, 1812 428

May 16, 1812 429

Opinion o" Chief Justice Monlt on the declaration of Martial Law, July 8, 1812 432

Proclamat on dei'lari- g limited Martial Law, Upper Canada, November 22, 1813 435

Resolution of the House of Assembly of Upper Canada regarding Martial Law, Feb-
ruary 19, 1814 435

Drummond to Bathurst, April 5, 1814 436

Opinions of John B. Robinson in the case of Empey vs. Doyle —

Robinson to Loring, June 2, 1814 437

June 28. 1814 438

" McMahon, November 21, 1814 439

Bathurst to Drummond, August 23, 1814 441

Opinion of Justice PowtU on the declaration of Martial Law 441

Resolutions of the House of Assembly, Lower Canada relating to the authority of the
Courts Of Jrstice —

Journal of Assembly, February 2, 1814 443

Heads of Impeachment of Jonathan Sewell 445

" " James Monk 450

Address of the House of Assembly to the Prince Regent, February 25, 1814 452

Proceedings in the Provincial Parliament on the Articles of Impeachment —

Journal of House of Assembly, February 26, 1814 454

March 3, 1814 455

March 17, 1814 456

Resolutions of the Legislative Council of Lower Canada on the Right of the House of

Assembly to appoint a special agent for the Province, February 28, 1814 457

Memorial of the judges of Lower Canada on the subject of the Impeachment of the Chief

Just'C"S, February 26, 1814 458

Resolutions of the Legislative Council on the Impeachment of the Chief Justices, March

2, 1814 459

Pre^ 0=t to Bathurst, March 18, 1814 462

Bathu' St to Prevost July 12, 1814 464

Prevost to Bathui st, September 4, 1814 465

Bathurst to Drummond, July 12, 1815 469

Dec sion of the Privy Council in the case of the Impeachments, June 29, 1815 470

Bathurst to Drummond, July 12, 1815 472

Resolutions of the House of Assembly on the decision in the case of the Impeachments —

Journal of T'ouse of Assembly, February 24, 1816 472

Drummond to Bathurst, P'ebruary 27, 1816 473

Resol' ti ns of A'^s mbly. Low r Canada, re Constitution of Provincial Courts 478

Comtltuton of the C urt of Appeals, Lower Canada, November 16, 1815 479

Opinion on the Privileges of the House of Assembly and on the casting vote of the

Speaker of the Legislative Council, December 30, 1815 480

TABLE OF CONTENTS vii

SESSIONAL PAPER No. 29c

Paoe
Proceedings relative to the appointment of a Provincial Agent, Lower Canada —

Journal of the House of Assembly, February 18, 1815 484

March 3, 1S15 485

March 20. 1815 485

Drummond to Bathurst, March 6, 1816 486

Bathu St to .^herbrooke, May 31, 1816 487

Bathurst to Sherb o^^ke, June 7. 1816 488

Sherbrooke to B thurst, July 15, 1816 489

Bathurst to Sherbrooke, September 30, 1816 490

Proposed change of Land Tenure 491

Memorial of John Caldwell, April 5, 1816 491

Bathurst to Drummond, May 4, 1816 492

Cochrane to Chief Justice Sewell, August 3, 1816 492

Report of a Committee of the Executive Council, August 16, 1816 494

Opinion of Chief Justice Sewell on the change of Tenure of Land, August 20, 1816. . . . 496

Opinion of Law Officers on change of Tenure of Land, January 22, 1817 498

Sherbrooke to Bathurst, May 20, 1817 500

Bathurst to Sherbrooke, August 31, 1817 501

Second Report of Law Officers on the proposed change of Tenure, August 1, 1817 501

Sherbrooke to Bathurst, March 10, 1817 502

Articles of Impeachment of Justice Foucher —

Journals of House of Assembly, Lower Canada, .January 25, 1817 504

Proce dings relating to the Impeachment of Justice Foucher —

Address of the House of Assembly to His Royal Highness the Prince Regent 506

Address of the Legislative Council to His Royal Highness the Prince Regent 507

Resolut ors of the Hirse of Assembly, March 21, 1817 508

Memorial of Justice Foucher, March 8,1817 50S

Batl u St to Sherbrooke, July 7, 1817 510

Report of the Law Officers on Procedure in Cases of Impeachment. October 22, 1817. . . . 512

Separate Opi MOn of the Attorney General. November 27, 1817 513

Sepirate Cpinon of the Advocate General. December 1. 1817 514

Draft Comn ission for the Trial of Justice Foucher, November 26, 1817 518

Op'nion of the Law Officers of the Crown on questions submitted by the Executive Coun-
cil, December 1. 1817 521

Opinion of the Advocate General, December 1, 1817 521

Report of Executive Council on issuing a Commission for trial of Judge Foucher

Report of the Judges of the Court of King's Bench on the trial of Justice Foucher 522

Report of the Judges of the Court of King's Bench, Montreal, December 29, 1817. . . . 522

Report of the Justices of the Court of King's Bench, Quebec, January, 1818 524

Rcpoit of the Executive Council on the Trial of Justice Foucher 529

Sherbrooke to Bathurst, January 10, 1818 530

Sherbrooke to Bathurst, January 10, 1818 531

Pathurst to Sherbrooke, April 8, 1S18 532

Richmond to Batliurst, May 18, 1819 534

Address of the Legislative Council on the Powers of the House of Assembly, February 26,

1819 534

Bathurst to Richmond, July 10, 1819 536

Act respecting eligibility of persons to be returned to the Legislative Assembly, April

1, 1818 537

Right of House of Assembly to initiate all Money Bills 540

Journal of House of Assembly, Upper Canada, March 12, 1818 540

March 19, 1818 540

March 21, 1818 540

March 23, 1818 542

March 24, 1818 543

March 26, 1818 544

March 27, 1818 547

Legi.slative Council " March 27, 1818 547

March 30, 1818 547

April 1, 1818 550

Proceedings in the House of Assembly relating to the convention of 1818 551

Petition of Inhabitants of Kingston 552

An Act to prevent certain meetings in the Province of Upper Canada, November 27, 1818. . 554

Proceedings of the House of Assembly on the Question of Privilege 555

Appointment of Roman Catholic Bishop to the Legislative Council 556

4 GEORGE V. SESSIONAL PAPER No. 29c A. 1914

INTRODUCTION.

This volume is a continuation of the series of Constitutional Documents published
by the Archives in 1907. In its preparation the present editors have followed the
principle of selection adopted in the first volume according to which the documents
were divided into six classes:

I. Terms of Capitulation and Treaties, determining the limits of the
colony and the conditions under which it was ceded or held.

II. Royal Proclamations, or British Statutes determining the basis and
character of the government to be established and maintained in the colony.

III. Commissions and instructions issued to the various Governors, giving
in further detail the system of government and administration to be established
in the colony, and the general policy to be followed.

IV. Ordinances and Laws passed by the local legislative body, determin-
ing the character and organization of the local system of justice.

V. Special reports of a more or less official character, setting forth the
actual conditions of the country from a constitutional point of view and pro-
posing necessary changes in the constitution of the Province.

VI. Miscellaneous papers furnishing the connecting links and general
constitutional atmosphere of the central documents of the foregoing classes and
consisting of petitions and counter petitions of the inhabitants of the province,
minor reports from the Governors and officials of the province on issues poli-
tical and constitutional and the correspondence, official, semi-official and private
between the British Secretaries of State and the representatives of the Crown
in the colony.

Such a classification is, broadly speaking, applicable to constitutional documents
relating to any period of Canadian historJ^ Nevertheless, as the Constitution of
Canada has undergone gradual change, it is natural to find a corresponding change in
the character of the later documents. For this reason those included in the present
volume differ considerably from the first collection. The period from 1759 ao 1791 was
essentially one of preparatoiy measures and consequently many documents were found
belonging to the first three classes. The right of the Crown of Great Britain to the
possession of the Provinces was established by Treaty, and the limits of the pro-
vinces were defined, though these were subsequently altered as a result of the recog-
nition of thQ independence of the United States and subsequent negotiations. A definite
system of government was established in due course and nominally at least the sys-

X CANADIAN ARCHIVES

4 GEORGE v., A. 1914

tems of law to be applied, in criminal and civil matters had been indicated. Courts of
Justice bad been organized and an administrative system had been put in operation.
The task of the future was the adjustment of the system of government so created to
the changing needs and conditions.

The American war of independence, apart from its influence on the attitude of
British statemanship towards the government of dependencies acted in a very definite
manner upon the development of the Canadian constitution. A sudden and copious
stream of immigration introduced new political habits and aspirations. New districts
were opened up for settlement; new industries were established; new commercial
interests were formed and a new political problem was created. The Constitutional
Act of 1791 was a well-meant attempt to meet the needs of the moment.

The colony was divided into the separate Provinces of Upper and Lower Canada,
and the principle of representation in government was introduced by the creation of
an elective House of Assembly for each province. Each also was to have, as a second
chamber, a Legislative Council, the members of which, nominated by the Sovereign,
wore to hold office for life. The executive functions of government in each province
were to be performed by a Governor or Lieutenant Governor assisted by an Executive
Council also nominated by the Crown. In this volume therefore may be traced the
development of two constitutions, similar in their essential features, operating in
the midst of two peoples of widely divergent political habits and tendencies.

Such, in the main outlines, was the system \uider which the two Canadian pro-
vinces were governed, not without vicissitudes for practically half a century or from
1792 to 1841.

The boundary line between legislative and executive functions in government is
not easily drawn and the history of this period illustrates the growing demands of
the legislatures to exercise an effective control over administration. The goal of this
movement or tendency was responsible government and only with the attainment of
this result was a true political equilibrium established.

The decade following the passing of the Constitutional Act is marked by various
measures intended to promote the satisfactory working of the new system of govern-
ment. The views of the British Government as to general policy to be followed are
to be found in the commission and instructions of Lord Dorchester. An Elective
Assembly was a novelty to the majority of the inhabitants of Lower Canada and much
attention was therefore given to the procedure necessary in connection therewith.

The majority of the inhabitants of Upper Canada were already familiar with the
working of popular institutions and were thus prepared to take advantage of the new
constitution, and at an early date many statutes were passed conferring on the inhabi-
tants of Upper Canada rights which have been associated particularly with Anglo-
Saxon traditions.

Early in the history of each Province, but first in Upper Canada, Acts were
passed establishing a judicial system and the arrangements then made remained in

INTRODUCTION xi

SESSIONAL PAPER No. 29c

force, with inconsiderable niodiiications, until the union of the provinces. Unfor-
tunately it was not long before dissensions broke out in both provinces, particularly
in Lower Canada. In that province there was trouble within the Executive body itself,
the subject of dispute being the proper interpretation of the regulations respecting
the disposition of waste lands, the members of the Council being almost unanimously
opposed to Governor Prescott. It was not long, however, before difference of political
sentiment and aim founded all too visibly on difference of race and temperament began
to manifest themselves in the Assembly. The friction thus arising between the
majority of the Assembly and the Executive is amply illustrated in the documents.

In Lower Canada, owing to the complete absence of local municipal institutions,
the situation was aggravated by the concentration of practically the whole adminis-
trative work of the province in the hands of the Government, subject to the criticisms
and demands of the Assembly. In Upper Canada municipal institutions were for a
long time very rudimentary; but such as they were, they relieved to some extent the
provincial government of a certain amount of detail. In Lower Canada, the Executive
Council was on the whole more influential than the corresponding body in Upper
Canada, where the Lieutenant Governor was always clearly predominant.

The subsequent history of the Constitutional development of Lower Canada to
the time of the suspension of the Constitution in February 1837 is concerned chiefly
with the efforts of the pop\xlar party in the House of Assembly to bring the adminis-
tration to terms through its control of supply. The government had to 1831 an inde-
pendent source of revenue through the operation of the Imperial Act 14 Geo. Ill, cap.
83. That revenue it had yielded to the Assembly in the hope of obtaining in return a
vote of a permanent Civil list, a hope which was disappointed. At an earlier date
articles of impeachment had been proposed against Chief Justice Sewell and Chief
Justice Monk for the purpose of establishing their responsibility to the House of
Assembly as Executive and Administrative Officers. After the Government had
parted with the larger part of its independent resources the conflict resolved itself
into a question of financial endurance.

While the wheels of government were thus clogged in Lower Canada, the Pro-
vince of Upper Canada was deprived of one of its main sources of revenue. The ports
of entry for Upper Canada as regards sea-borne merchandise, were located within the
lower province, and the government of Upper Canada had therefore been under the
necessity of making terms with its sister province for the payment at various times
of certain portions of the revenue collected at Montreal and Quebec. During the
heat of the struggle between the Legislature and the Executive in Lower Canada the
agreement for the division of the revenue between the provinces had been allowed to
lapse and the Province of Upper Canada fovxnd itself faced with the prospect of
financial starvation. In these circumstances it became necessary in the year 1822' to
request the intervention of the British government. The immediate problem to be
solved was the proper division of the revenue, but, from the ix)int of view of the Home
authorities, the whole situation had grown so difficult, that the idea was entertained
of attempting a larger remedy by a re-union of the two provinces. This, however, was
found at the time to be impossible.

:xii CANADIAN ARCHIVES

4 GEORGE v., A. 1914

There are, it will be observed, comparatively few documents falling within the
first three divisions of the classification given above, the reason being that the passing
of the Constitutional Act did away, to a large extent with the necessity for the inter-
vention of the government of Great Britain in the affairs of the Provinces. It there-
fore follows that the greater part of the documents in this volume belong to either
the fourth or sixth division outlined above.

The Act of 1791 gave the provincial Legislatures power to make certain changes
in their own constitution. There will therefore be found statutes determining from
time to time the electoral divisions of the provinces and regulating the election of
members of the House of Assembly. Questions arose as to the eligibility of certain
persons to be elected to the House of Assembly and accordingly statutes are found in
each province relating to this subject, but chiefly in Lower Canada where jealousy of
the Executive was more acute than in the western province. In Upper Canada, as
already indicated, the functions of government were to some extent delegated by the
legislature to local governing bodies and there is therefore a body of law relating to
the formation and powers of municipal corporations. In this connection may be noted
the appearance of a new kind of Constitutional Document closely akin to legislative
enactment yet of a distinct character. When the courts of justice were called upon
to interpret the constitution their judgments must be recognized as a source of con-
stitutional historj\ The decision of the Court of King's Bench for the district of
Quebec in the case of Pierre Bedard throws much light on the question of the privilege
of members of the House of Assembly and on the exercise of the power of imprison-
ment conferred by the legislature on the Executive Council.

A new species of Constitu'^'.onal record must also be admitted to the sixth class of
documents. The proceedings of the House of Assembly in each province become of
the utmost importance in connection with the constitutional struggles which have
now passed into history. The claim of the House of Assembly to larger powers of con-
trol is set forth in various resolutions. The legislative Council, on the other hand,
more closely allied by sentiment with the executive authority steadily upheld the
existing system and in its resolutions the position it took is stoutly defended.

Wherever possible the original text has been followed in the documents published
*n this volume and the notation is the same as followed in the first volume. A new
series of documents will be observed, designated, " Duplicate Despatches ". This
important series of documents acquired more recently consists of signed copies of the
despatches from the Colonial Governors to the Secretary of State,. The originals of
these despatches are of course among the Colonial Kecords in London. The G. series
to which frequent reference is made consists of the original despatches from the
Colonial Secretary to the Governor or Lieutenant Governor of the Province, and is
comparatively complete for the period covered by this volume. The documents copied
from the G. series therefore are reproductions of original despatches, as are also the
documents taken from the " Sundry Papers, Secretary of State." The minutes of. the
Executive Council of each Province are reproduced wherever possible from the original
minute book of Council desigaiated '" State Books '\ Documents reproduced from the

IXTRODUCTIO\ xiii

SESSIONAL PAPER No. 29c

Q. series are taken from copies wliich have been carefully compared with the originals
in the Public Records Office in London.

The statutes and journals of the Legislative Council and Assembly constitute
the chief printed sources. The text of the Statutes has in every case been taken from
the original edition published by authority of Parliament, while the minutes of the
Legislative Council and the Journals of the House of Assembly of Lower Canada
have been reproduced from the proceedings as published by authority of Parliament.
The original printed journals of the House of Assembly of Upper Canada, for the
early period covered by this volume, were many years ago destroyed by lire but a copy
has been made from the manuscript copy of the Journals sent at the close of each
session by the Lieutenant Governor to the Colonial Secretary in accordance with the
Instructions to the Governor. The proceedings of the House of Assembly of Upper
Canada are therefore reproduced from this subsequent copy.

The notes throughout this volume have been written to aiford information regard-
ing the documents themselves and the issues with which they are concerned. As in the
first volume their functions may be classified as follows : —

(a) To furnish references to the sources of the documents reproduced. (&)
To provide references where possible to all other papers referred to in the
documents published, (c) To provide such information as will relate successive
documents or series of documents each to the other, (d) To indicate the official
position, and supply brief biographical information relating to the various parties
between whom the correspondence published takes place or who are prominently
mentioned in the course of such correspondence.

ARTHUK G. DOUGHTY.
DUNCAN A. McARTHUE.

3 GEORGE V. SESSIONAL PAPER No. 18 A. 1913

DOCUMENTS

RELATING TO

THE CONSTITUTIONAL HISTORY OF CANADA

VOL. II

18—1

3 GEORGE V. - SESSIONAL PAPER No. 18 A. 1913

DOCUMENTS RELATING TO Ti CONSTITUTIONAL HISTORY OF CANADA

Vol. II
1791-1822

ORDER IN COUNCIL DIVIDING THE PROVINCE OF QUEBEC INTO THR
PROVINCES OF UPPER AND LOWER CANADA.^

AT THE COURT OF ST. JAMESES, THE 24TH OF AUGUST, 1791.

Present :

The King's Most Excellent Majesty. -

Lord Chamberlain, Lord Dover,

Lord Frederick Campbell, M' Secretary Dundas,

Lord Grenville, M' Chancel' of the Exchequer,

Whereas there was this Day read at the Board, a Report^ from the Right Honor-
able the Lords of the Committee of Council dated the 19*^* of this Instant in the
words following,: vizt,

" Your Majesty having been pleased by Your Order in Council bearing date the
11^ of this Instant, to refer unto this Committee a Letter from the Right Honor-
able Henry Dundas, One of Your Majesty's Principal Secretaries of State, to
the Lord President of the Council, transmitting a printed Copy of an Act
passed in the last Session of Parliament Entitled " An Act to repeal certain
" parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled
" An Act for making more effectual provision for the Government of the Pro-
" vince of Quebec in North America, and to make further Provision for the
" Government of the said Province ;" And also Copy of a Paper presented to
Parliament previous to the passing of the said Act, describing the Line proposed
to be drawn for dividing the Province of Quebec into Two separate Provinces,
agreeable to Your Majesty's Royal Intention, signified by Message to both Houses
of Parliament,^ to be called the Province of Upper Canada and the Province
of Lower Canada, and stating that by Section 48 of the said Act, It is provided, that
by reason of the distance of the said Provinces from this Country and of the change
to be made by the said Act in the Government thereof, it may be necessary that there
should be some Interval of Time between the Notification of the said Act to the said
Provinces respectively, and the day of its commencement within the said Provinces
respectively, and that it should be lawful for Your Majesty with the Advice of Your
Privy Council to fix and Declare, or to Authorize the Governor or Lieutenant Gov-
ernor of the Province of Quebec, or the person Administering the Government there,
to fix and declare the day of commencement of the said Act within the said Prov-
inces respectively. Provided that such Day shall not be later than the 31^ of Decem-
ber 1791: The Lords of the Committee in Obedience to Your Majesty's said Order

1. From the Eegister of the Privy Council, 31 Geo. III.

2. See Privv Council ReRister, 31 Geo. Ill, p. 304.

3. This Message was presented to both Houses of Parliament, February 25, 1791. See
Parliamentary History of England, Vol. XXVIII, p. 1271.

18— li

4 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

of Reference this Day took the said Letter into their Consideration, together with the
Act of Parliament therein referred to, and likewise Copy of the said Paper describ-
ing the Line proposed to be drawn for separating the Province of Upper Canada, and
the Province of Lower Canada ; And Their Lordships do thereupon agree humbly to
Report as Their Opinion to Your Majesty, That it may be adviseable for Your
Majesty by Your Order in Council to divide the province of Quebec into Two dis-
tinct Provinces by separating the Province of Upper Canada, and the Province of
Lower Canada, according to the said Line of Division described in the said paper
(Copy of which is hereunto annexed) ; And The Lords of the Committee are further
of Opinion, that it may be adviseable for Your Majesty, by Warrant under Your
Royal Sign Manual to Authorize the Governor or Lieutenant Governor of the Prov-
ince of Quebec, or the person Administering the Government there, to fix and
Declare such Day for the Commencement of the said beforementioned Act within the
said Two Provinces of Upper & Lower Canada respectively, as the said Governor or
Lieutenant Governor of the Province of Quebec, or the person Administering the
Government there, shall judge most adviseable, Provided that such day shall not be
later, than the Sl~^ Day of December in the present year 1791."

His Majesty this Day took the said Report into His Royal Consideration, and
approving of what is therein proposed, is pleased, by and with the Advice of His
Privy Council to Order (as it is hereby Ordered) that the Province of Quebec^ be
divided into Two distinct Provinces, to be called the province of Upper Canada, and
the province of Lower Canada, by separating the said two Provinces, according to
the following Line of Division — viz*

" To commence at a Stone Boundary, on the North Bank of the Lake St.
"Francis; At the Cove west of pointe au Bodet, in the limit between the Township
** of Lancaster and the Seigneurie of New Longueuil running along the said limit
*'' in the direction of North Thirty four Degrees ; West to the Westermost Angle of
"the said Seigneurie of New Longueuil," thence along the North western boundary
" of the Seigneurie of Vaudreuil running North Twenty five Degrees, East until it
'' strikes the Ottawas River, to ascend the said River into the Lake Tomiscanning-.
" and from the head of the said Lake, by a line drawn due North until it strikes
"the boundary line of Hudsons Bay, including all the Territory to the westward
" and southward of the said Line, to the utmost Extent of the Country commonly
" called or known by the Name of Canada."^ ^Vhereof the Governor, Lieutenant
Governor or Commander in Chief of the Province of Quebec, and all other His
Majesty's Officers in the said Provinces, and all whom it may concern, are to take
Notice, and to yield due obedience to His Majesty's Pleasure hereby signified.

1. For the boundaries of the Province of Quebec see page 51, not? 4.
2. A note on the plan of part of the province of Lower Canada made by order of Lord
Dorchester, 1794 and 1795, referring to this line of division, says: "This Order of His
Majesty must have been founded on an erroneous map of this part of the country, in which
the abovementioned Westerly Angle of the Seigneurie of New Longueuil, and the South-
u-esterly Angle of the Seigneurie of Vaudreuil were represented as coincident with each
other, whereas they are, in reality, many miles distant one from the other."

"The true intent and meaning of His Majesty's Royal Order appears to be this:— That
the boundary, between the said provinces of Lower and Upper Canada shall commence at
the abovementioned stone boundary above Pointe au Beaudette, and shall run along the
line which divides the township of Lancaster from the Seigneurie of New Longueuil, then
along a line to be drawn from the said westerly angle of the Seigneurie of New Longueuil
to the southwesterly angle of the Seigneurie of Rigaud (which has been sometimes called
the Seigneurie of Vaudreuil), thence along the northwesterly boundary of the said Seig-
neurie of Rigaud until it strikes the Ottawa river (to wit— along the lines AB, BC, and CD,
on this map) and thence up the said river, &c."

For this plan see p. 72.

3. The general line of division between Upper and Lower Canada had been indicated by
Lord Sydney in his despatch to Dorchester, Sept. 3, 1788. {Constitutional Documents, 1759-1791,
Shortt and Doughty, 1907, p. 652 and Canadian Archives, Q. 36—2, p. 476). It had been
expressed in the form here given by Lord Dorchester. (Constitutional Documents, p. 656).

COXSTITUTIONAL DOCUMEXTS 5

SESSIONAL PAPER No. 18

Whereas there was this Day read at the Board, a Report from the Eight Honor-
able the Lords of the Committee of Council, dated the 19*'^ of this Instant, in the
words following, viz*

'"Your Majesty having been pleased by Your Order in Council &c. d-c

1791."^

His Majesty this Day took the said Eeport into His Royal consideration, and
approving of what is therein proposed, was pleased, by and with the Advice of His
Privy Council to Order, that the Province of Quebec be divided into Two distinct
Provinces, to be called the Province of Upper Canada, and the Province of Lower
Canada, by separating the said Two Provinces according to the Line of Division
inserted in the said Order.

And His Majesty is hereby further pleased to Order, that the Right Honorable
Henry Dundas, One of Hi? Majesty's Principal Secretaries of State, do prepare a
Warrant' to be passed under His Majesty's Royal Sign Manuel to Authorize the
Governor or Lieutenant Governor of the Province of Quebec or the Person adminis-
tering the Government there to fix and Declare such day as They shall judge most
adviseable for the Commencement within the Province of L^pper Canada, and the
J^rovince of Lower Canada respectively, of the said Act passed in the last Session of
Parliament entitled " An Act to repeal certain parts of An Act passed in the Four-
"teenth year of His Majesty's Reign, entitled An Act for making more effectual
'" provision for the Government of the Province of Quebec in North America, and
" to make further provision for the Government of the said Province" — Provided
that such Day, so to be fixed and declared for the Commencement of the said Act,_
within the said Two provinces respectively, shall not be later, than the Thirty first
Day of December, One thousand seven hundred and ninety one.

COMMISSION TO LORD DORCHESTER AS GOVERNOR OF UPPER AND

LOWER CANADA.^

Guy Lord Dorchester| ^j^.^^.^^ ^-^e Third by the Grace of God of Great Britain
Commission. \

ffrance and Ireland King Defender of the fFaith and so forth To Our Right Trusty
and Welbeloved Guy Lord Dorchester Knight of the most honorable Order of the
Bath Greeting Whereas wee did by our Letters Patent under our Great Seal of Great
Britain hearing date the twenty second Day of April in the Twenty sixth year of
our Reign Constitute and appoint you Guy Lord Dorchester (then Sir Guy Carlton)
to be our Captain General and Governor in Chief in and over our Province of
Quebec in America comprehending all our Territories Islands and Counties in North
America then bounded as in our said recited Letters Patent was mentioned and
expressed* Now Know ye that wee have revoked and determined and by these Presents

1. 1791. The Report of Aug. 19, given above is here repeated.

2. For the Warrant, see Canadian Archives, Q. 59J3, p. 199.

3. From the Patent Roll 31, Geo. Ill, Part 10, No. 4. Copy in the Canadian Archives, M.
229, p. 54.

4. For the commission to Lord Dorchester of 1786 with the definition of the boundary of the
Province of Quebec, see the Canadian Archives, M. 229, p. 51. The boundary was originally
defined in the Proclamation of 1763 but was subsequently modified by the Quebec Act and the
Treaty of Paris of 1783. Since then, however, circumstances had arisen which made the de-
finition of the boundaries of the new provinces a very delicate matter. Owing to the non-
fulfillment of its treaty obligations by the United States, Britain still retained posts south
of the boundary line and was not at this time prepared to commit herself regarding their
disposal. (See Constitutional Documents, 1759-1791, Shortt & Doughty, 1907, pp. 667, note, and
690). By the Jay-Grenville Treaty of 1794, Britain afjreed to withdraw from all the posts
within the territory of the United States. By the Quebec Act the Labrador Coast, formerly
annexed to Newfoundland, was included within the province of Quebec. An Imperial Act of
1809 (49 Geo. III. ch. 27) restored to Newfoundland the Labrador coast and the adjacent
islands, except the Islands of Madeleine. A further Act of 1825 (6 Geo. IV, ch. 59) provided

6 CANADIAX ARCHIVES

3 GEORGE v., A. 1913

do revoke and Determine the said recited Letters Patent and every Clause Article
or thing therein contained And Whereas wee have thought fit by our Order made in
our Privy Council on the Nineteenth day of August One thousand seven hundred
and ninety one* to divide our said Province of Quebec into two separate Provinces
to be called the Province of Upper Canada and the Province of Lower Canada by
a Line to commence at a Stone Boundary on the North Bank of the Lake Saint
ilrancis ai the Cove West of Point Au Baudot in the Limit between the Township
of Lancaster and the Seigneurie of New Longueuil running along the said Limit in
the Direction of North thirty four Degrees West to the Westermost Angle of the
said Seigneurie of New Longueuil thence along the North Western Boundary of
the Seigneurie of Vaudreuil running North twenty five Degrees East until it strikes
the Ottowas River to ascend the said River into the Lake Tommiscanning and from
the head of the said Lake by a line drawn due North until it strikes the Boundary
Line of Hudsons Bay the Province of Upper Canada to Comprehend all such Lands
Territories and Islands lying to the Westward of the said Line of Division as were
part of our said Province of Quebec and the Province of Lower Canada to compre-
hend all such Lands Territories and Lands (Islands?)^ lying to the Eastward of the
said Line of Division as were part of our said province of Quebec And Whereas by an
Aci passed in the present year of our Reign Intituled [An Act to repeal certain Parts
of an Act passed in the fourteenth j'ear of his Majesty's Reign Intituled [An Act
for making more effectual Provision for the Government of Quebec in North
America and to make further Provision for the Government of the said Province^]
further Provision is thereby made for the Good Government and Prosperity of our
said Provinces o^f Upper Canada and Lower Canada ffurther Know ye that wee repos-
ing especial Trust and Confidence in the Prudence Courage and Loyalty of you the
said Guy Lord Dorchester of our especial Grace certain Knowledge and mere Motion
have thought fit to constitute and xVppoint you the said Guy Lord Dorchester to be
our Captain General and Governor in Chief of our said Province of Upper Canada
and of our said Province of Lower Canada respectivelj^ bounded as hereinbefore des-
cribed And wee do hereby require and comm.and you to do and execute all things in
due manner that shall belong to your said Command and the Trust wee have reposed
in you according to the several Powers Provisions and Directions granted or appointed
you by Virtue of this Present Commission and by Virtue of the above recited Act
passed in the Present year of Our Reign and of such Instructions and Aiithorities
herewith given unto you or which may from time to time he given yoii in respect to
the said Provinces or either of them imder our Sigtiet or Sign Manual or by Our
Order in Our Privy Council and according to such Laws as shall hereafter be made
and established within our said Provinces of Upper Canada and Lower Canada under
and by Virtue of such Powers Provisions and Discretions (Directions) as aforesaid
And our Will and Pleasure is that you the said Guy Lord Dorchester as soon as may
be after the Publication of these our Letters Patent do take the Oaths appointed to.be
taken by an Act passed in the first year of the Reign of King George the first intituled
[An Act for the further security of his Majesty's Person and Government and the
Succession of the Crovm in the Heirs of the late Princess Sophia being Protestants
and for extinguishing the Hope's of the Pretended Prince of Wales and his open and
secret Abettors] as altered and explained by an Act Passed in the Sixth year of our

that "so much of the said coast (Labrador) as lies to the eastward of a line to be drawn due
north and south from the bay or harbour of Anse Sablon, inclusive, as far as the fifty-second
degree of north latitude, with the islands of Anticosti and all other islands adjacent to such
part as last aforesaid of the coast of Labrador, shall be and the same are hereby re-annexed
to and made a part of the said province of Lower Canada." This has continued as the
boundary between Labrador and Quebec.

1. See p. 3. •,,,,.

2. Throughout the Commission the words inserted in brackets are added in the margin
of the copv in the Canadian Archives. „ . . , ^ . .„,„ .„„.

3. For a copy of the Constitutional Act of 1791. see ConsUtutional Docuvients, 1759-1791,
Shortt and Doughty, 1907, p. 694.

CONSTITUTIONAL DOCUMENTS 7

SESSIONAL PAPER No. 18

Eeign Intituled An Act for altering the Oath of Abjuration and the Assurance and
for amending so much of an Act of the seventh year of her late Majesty Queen
Anne Intituled [An Act for the Improvement of the Union of the two Kingdoms
as after the times therein limited requires the Delivery of certain Lists and Copies
therein mentioned to Persons indicted of Treason or Misprision of Treason] as also
that you make and subscribe the Declaration mentioned in An Act of Parliament made
in the twenty fifth year of the Eeign of King Charles the Second Intituled [An Act
for Preventing Dangers which may happen from Popish Eescuants (Eecusants ?)] And
likewise that you take the usual Oath for the due Execution of the Office and Trust
of Our Captain General and Governor in Chief of our said Province of Upper Can-
ada and our said Province of Lower Canada and for the due and impartial Adminis-
tration of Justice and further that you take the Oath required to be taken by Gover-
nors of Plantations to do their utmost that the several Laws relating to Trade and the
Plantations be observed all which said Oaths and Declarations the Executive Councils
of our said Provinces of Upper Canada and Lower Canada respectively or any three
or more of them (the?) Members of either of them have hereby full
Power and Authority and are required to tender and Administer unto
you and in your absence to our Lieutenant Governor if there be any
upon the place All which being duly Performed you the said Guy Lord
Dorchester or in your absence our Lieutenant Governors of the said
Provinces or Persons Administering the respective Governments therein shall admin-
ister unto each of the Members of such Executive Councils as aforesaid the Oaths
mentioned in the said first recited Act of Parliament altered as aforesaid as also cause
them to make and subscribe the aforementioned Declaration and Administer to them
the Oath for the due Execution of their Places and Trusts and you shall also admin-
ister the above mentioned Oaths and Declarations to our Lieutenant Governors if there
be any within the said Provinces wherein you shall reside And Whereas wee may find
it convenient for our Service that certain Offices or Places within our said Provinces
of Upper Canada and Lower Canada should be filled by Our Subjects who may have
become such by being Naturalized by an Act of the British Parliament or by the Con-
quest and Cession of the Province of Canada and who may profess the Eeligion of
the Church of Eome It is therefore our "Will and Pleasure that in all Cases where such
Persons shall or may be admitted into any such Office or Place the Oath Prescribed in
and by An Act of Parliament passed in the fourteenth year of our Eeign Intituled
[An Act for making more effectual Provision for the Government of the Province of
Quebec in North America] and also the usual Oath for the due Execution of their
Places and Trusts respectively shall be duly Administered to them and wee do further
Give and Grant unto you the said Guy Lord Dorchester full Power and Authority
from time to time hereafter by yourselves (or) by any other to be Authorized by
you in that behalf to Administer and give the Oaths mentioned in the aforesaid
Acts to all and every such Person and Persons as shall at any time or times pass
into our said Provinces of Upper Canada and Lower Canada or shall be resident or
binding (abiding?) there And we do hereby Authorize and empower you to Keep and
Use the Public Seas (Seals?) of our Said Provinces of Upper Canada and Lower
Canada for Sealing all things whatsoever that shall pass the Seal of our said
Provinces respectively and in Case of your Absence from either of our said
Provinces to deliver the same into the Charge and Custody of our Lieutenant
Governor or Person Administering the Government there for the Purposes
before mentioned until wee shall think fit to Authorize you by an Instru-
ment under our Eoyal Sign Manual to commit the Custody thereof to such
Person or Person (Persons?) as may be appointed by us for that purpose
And Whereas by the said recited Act pas?ed in the present year of Our Eeign
it is enacted that there shall be within each of our said Provinces of Upper
Canada and Lower Canada respectively a Legislative Council and an Assembly to

8 CAyADIAN ARCHIYES

3 GEORGE v., A. 1913

be composed and Constituted in the manner in the said Act described^ and that in the
said Provinces wee our Heirs and Successors shall have Power during the Con-
tinuance of the said Act by and with the advice and Consent of the Legislative
Councils and Assemblies to make Laws for the Peace Welfare and good Government
of the said Provinces respectively such Laws not being repugnant to the said Act
and that all such Laws being passed by the said Legislative Councils and Assemblies
and being assented to by us our Heirs and Successors or absented to in our name
by such person as wee our Heirs and Successors shall from time to time appoint to
be Governor or Lieutenant Governor of the said Provinces respectively or by such
Person as wee our Heirs or Successors shall from time to time appoint to Administer
the Government within the same are by the said Act declared to be by virtue of and
under the Authority of the said Act valid and binding to all Intents and Purposes
whatsoever within the said Provinces wee do hereby Give and Grant unto you the
said Guy Lord Dorchester full Power and Authority to issue Writs of Sumons and
Election and to call together to (the?) Legislative Councils and Assemblie of our said
Pi-ovinces of Upper Canada and Lower Canada in such manner as is in the said
Act Authorized and directed Subject to the Provisions and regulations therein
contained in that behalf and to such Instructions and Authorities as shall herewith
at any time hereafter be given unto you by us in that behalf under our Signet and
Sign Manual or by our order in our Privy Council And further for tTie Purpose of
Electing the Members of the Assemblies of our said Provinces of Upper Canada
and Lower Canada Wee do hereby Give and Grant unto you the said Guy Lord .Dor-
chester full Power and Authority to Issue a Proclamation^ dividing our said Pro-
vinces of Upper Canada and Lower Canada into Districts or Counties or Circles and
Towns or Townships and appointing the Limits thereof and Declaring and appointing
the Number by Eepresentatives to be chosen by each of such Districts or Counties or
Circles and Tows (Towns?) or Townships respectively within our said Provinces of
Upper Canada and Lower Canada and from time to time to nominate and appoint
proper Persons to execute the Office of returning Officer in each of the said Districts
or Counties or Circles and Towns or Townships respectively Subjects to the Provisions
Directions and Regulations of the said last mentioned Act in that behalf and to
such Instructions and Authorities as shall be herewith or at any time hereafter given
by us unto you in that behalf under our Signet and Sign Manual or by Our Order
in Our Privy Council and Wee do hereby give and Grant imto you the said Guy Lord
Dorchester full Power and Authority to fix the time and Place of holding the Elections
for the said Districts or Counties or Circles and Towns or Townships within our said
Provinces of Upper Canada and Lower Canada and the times and Places of holding
the first and every other Session of the Legislative Councils and Assemblies of our
said Provinces of Upper Canada and Lower Canada and to Prorogue the same from
time to time and to dissolve the same by Proclamations or otherwise Subject never-
theless to the Regulations Provisions and Dii'ections of the said last mentioned x\ct
and to such Instructions and Authorities as in respect of the Premises may be hereby
or at any time hereafter given by us unto you under our Signet and Sign Manual or
by our Order (in our?) Privy Council Wee do by these Presents Authorize and em-
power you from time to time with the advice of the Executive Councils appointed by us
for the affairs of our said Provinces of LTpper Canada and Lower Canada respectively
from time to time to form Constitute and Erect Townships or Parishes within our
said Provinces and also to Constitute and Erect within every Township or Parish
which now is (or?) hereafter may be formed constituted or erected within our said
Provinces one or more Parsonage or Rectory or Parsonages or Rectories according
to the Establishment of the Church of England and from time to" time by an
Instrument under the Seal of our said Provinces respectively to endow every such

1. See the Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, p. 695.

2. See pages 72 and 77.

CONSTITUTIONAL DOCUMENTS 9?

SESSIONAL PAPER No. 18

Parsonage or Eectory with so much or such part of the Lands so allotted and appro-
priated as by the said last recited Act is in that behalf mentioned in respect of any
L&nds -within such Township or Parish which shall have been granted subsequent to
the Commencement of the same Act or of such Lands as may have been allotted and
appropriated for the same Purpose by or in Virtue of any Instruction which may be
given by us in respect of any Lands granted by us before the Commencement of the
last mentioned Act as you with the advice of our said Executive Council of such
Province shall judge to be expedient under the then existing Circumstances of such
Township or Parish Subject nevertheless to such Instructions touching the Premises
as shall or may be given you by us under our Signet and Sign Manual or by Our
Order in Our Privy Council and Wee do also by these Presents authorize and impower
you to present Subject to the Provisions in the above mentioned Act in that behalf
to every such Parsonage or Eectory and to every Church Chapel or other Ecclesias-
tical Benefice according to the Establishment of the Church of England within either
of our said Provinces an Incumbent or Minister of the Church of England who shall
have been duly ordained according to the Rites of the said Church and to Supply from
time to time such Vacancies as may happen of Incumbents or Ministers of the sail
Parsonages Rectories Churches Chapels or Benefices or any of them respectively and
wee do hereby Give and Grant unto you the said Guy Lord Dorchester by yourself
or by your Captains and Commanders by you to be Authorized full power
and Authority to levy Arm Muster Command and employ all Person?
whatsoever residing within our said- Provinces of Upper Canada and
Lower Canada and as occasion shall serve to March from one Place to another or
to Embark them for the resisting and withstanding of all Enemies Pirates and Rebels
both at Land and at Sea and to transport such fforces to any of our Plantations in
America if necessity shall require for the Defence of the same against the Invasion
or Attempts of any of our Enemies and such Enemies Pirates and Rebels (if there
shall be occasion) to pursue and Prosecute in or out of the limits of our said Provinces
and Plantations or any of them and if it shall so please God to vanquish apprehend
and take them and being taken according to Law to put to death or Keep and Preserve
them alive at your Discretion and to execute Marshal Law in time of Invasion or at
other times when by Law it may be executed and to do and execute all and every
other things (thing?) or things which to our Captain General and Governor
in Chief doth or ought of Right to belong and wee do hereby give and
grant unto you full Power and Authority Subject Nevertheless to such
Instructions as wee may at any time be pleased to give unto you under
our Signet and Sign Manual or by our Order in our Privy Council
with the advise of the Executive Council appointed by us for our Provinces of
Upper Canada and Lower Canada respectively to erect raise and Build in our said
Provinces such and so many fforts and Platforms Castles and ffortifications as you
by the advice aforesaid shall judge necessary and the same or any of them to fortify
and furnish with Ordinance Ammunition and all Sorts of Arms fit and necessary for
the security and defence of our said Provinces and by the advice aforesaid the same
rigain or any of them or (to?) demolish or Dismantle as may be most convenient and for
as much as Divers Mutinies and Disorders may happ3n by Persons shipped and employed
at Sea during the time of War and to the end that such as shall be shipped and em-
!>loyed at Sea during the time of War may be better Governed and ordered wee do
hereby give and grant unto you the said Guy Lord Dorchester full Power and Author-
ity to constitute and appoint Captains Lieutenants Masters of Ships and other Com-
manders and Officers and to grant imto such Captains Lieutenants Masters of Ships
and other Commanders and Officers Commissions to execute the Law Martial during
the time of War according to the Directions of an Act passed in the twenty second
year of the Reign of Our late Royal Grandfather Intituled [An Act for amending
explaining and reducing into one Act of Parliament the Laws relating to the

iO CANADIAN ARCHIVES

3 GEORGE v., A. 1913

Government of his Majesty's Ships Vessels and fforces by Sea] as the same is
altered by an Act passed in the nineteenth year of our Eeign Intituled [An Act
to explain and amend an Act made in the twenty second year of the Reign of
his late Majesty King George the Second Intituled An Act for amending ex-
plaining and reducing into one Act of Parliament the Laws relating to the
Government of his Majesty's Ships Vessels and fforces by Sea] and to use such
Proceedings Authorities Punishments and Executions upon any Offender or Offen-
ders who shall be Mutinous Seditious disorderly or any way unruly either at
Sea or during the time of their abode or residence in any of the Ports Harbours
or Bays of our said Provinces of Upper Canada and Lower Canada as the Case
shall be found to require according to the Martial Law and the said Directions
during the time of War as aforesaid provided that nothing herein contained shall be
construed to the enabling you or any by your Authority to hold plea or have any Juris-
diction of any Offence Cause Matter or thing committed or done upon the High Sea or
within any of the Havens Rivers or Creeks of either of our said Provinces under your
Government by Any Captain Commander Lieutenant Master Olficer Seaman Soldier
or Person whatsoever who shall be in our actual Service and pay in or on board any
of our Ships of War or other Vessels acting by immediate Commission
or Warrant from our Commissions for executing the Office of High Admiral
or from our High Admiral of Great Britain for the time being under
the Seal of our Admiralty but that such Captain Commander Lieutenant Master
Officer Seaman Soldier or other Person so offending shall be left to be proceeded
against and tried as their Officers shall require either by Commission under our Great
Seal of Great Britain as the Statute of the twenty eight of Henry the eighth directs
or by Connnission from ours (our) said Commissioners for executing the Office of
our High Admiral or from our High Admiral of Great Britain for the time being
according to the aforementioned Act intituled [An Act for explaining amending and
reducing into one Act of Parliament the Laws relating to the Government of His
Majesty's Ships Vessels and forces by Sea] as the same is altered by an Act passed in
the nineteenth year of our Reign Intituled [An Act to explain and amend an Act
made in the twenty second year of His late Majesty King George the second Intituled
An Act for amending explaining and reducing into one Act of Parliament the Laws
relating to the Government of His Majesty's Ships Vessels and fforces by Sea] Pro-
vided nevertheless that all Disorders and Misdeameanors committed on shore by any
Captain Commander Lieutenant Master Officer Seaman Soldier or other Person what-
soever belonging to any of our Ships of War or other Vessels acting by immediate
Commission or Warrant from our said Commissioners for executing the Office of our
High Admiral or from our High Admiral of Great Britain for the time being under
the Seal of our Admiralty may be tried and Punished according to the Laws of the
Place where any such disorders Offenders (Offences?) and Misdemeanours
shall be committed on shore notwithstanding such Offenders be in our
actual Service and born in our pay on Board any such our Ships of
War or other Vessels acting by immediate Commission or Warrant from
our said Commissioners for executing the Office of High Admiral or our High
Admiral of our Great Britain for the time being as aforesaid so as he shall not
receive any protection for the avoiding of Justice for such Offences committed on
Shore from any pretence of his being employed in our Service at Sea you are to
give Warrants under your Hand for the issuing of Public Monies for all Public
Services and Wee do particularly require you to take care that regular accounts of
all Receipts and Payments be duly Kept and that there be transmitted every half
year or oftener Copies thereof properly Audited to our Oonmiissioners of our
Treasury or to our High Treasurer for the time being to the end that wee may be satis-
fied of the Right and due application of the Revenue of our said Provinces with the
Probability of the Increase or Dimunation (Diminution?) of it under every Head

CONSTITUTIONAL DOCUMENTS 11

SESSIONAL PAPER No. 18

and Article thereof and wee do further give to you the said Guy Lord Dorchester full
Power and Authority when and so often as any Bill which has been passed by the
Legislative Counsel and by the House of Assembly of either of our said Provinces
of Upper Canada or Lower Canada shall be presented unto you for our Eoyal Assent
to declare according to your Discretion but Subject Nevertheless to the provisions
contained on (in?) the said recited Act passed in the present year of Our Eeign and
Subject also to such Instructions Directions and Authorities as wee shall herewith
or at any time hereafter give unto you in that behalf under Our Signet and Sign
Manual or by an Order in our Privy Council that you Assent to such Bill in
our Name or that you withhold our Assent from such Bill or that you re-
serve such Bill for the Signification of our Eoyal Pleasure^ thereon and
wee do by these presents give and Grant unto you the said Guy Lord
Dorchester full power and Authority with the advice of the Executive
Councils appointed by us for the affairs of our said Provinces of Upper Canada and
Lower Canada but Subject nevertheless to the provisions of the said Act and to such
further powers Authorities and Instructions as we may herewith or at any time
hereafter give to you in that behalf under our Signet and" Sign Manual or by our
Order in our Privy Council to erect Constitute and appoint such Court or Courts^ of
Judicature or Public Justice within our said Provinces as you and they shaU thinlc
fit and necessary for the hearing and determining of aU Causes as well Criminal as
Civil according to Law and Equity and for awarding Execution thereupon with all
reasonable and necessary powers Authorities ffees and privileges belonging thereunto
as also to appoint and Commission fit persons in the several parts of your said
Government to administer the several Oaths herein before mentioned as also to
tender and administer the aforesaid Declaration unto such persons belonging to the
said Courts as shall be obliged to take the same and wee do hereby authorize and
empower you to constitute and appoint Judges and in Cases requisite Commissioners
of Oyer and Terminer Justices of the Peace and other necessary Officers and
Ministers in our said Provinces of Upper Canada and Lower Canada for the
better administration of Justice and putting the Laws in execution and to administer or
cause to be administered unto tliem such Oath or Oaths as are usually taken for
due execution and performance of Offices and places and for the clearing of truth
in Judicial Causes and wee do hereby give and grant unto you full power and
authority where you shall see cause or shall judge any Offender or Offenders in
Criminal Matters or for any ffines or fforfeitures due unto us fit Objects of our Mercy
to pardon all such Offenders and to remit all such Offences ffines and fforfeitures
Treason and Wilful Murder only excepted in which cases you shall likewise have
power upon extraordinary Occasions to grant reprieves to the offenders until and to
the Intent that our Eoyal Pleasure may be Known therein and wee do likewise give
and Grant unto you full Power and Authority with the advice of our Executive
Councils for the Affairs of our said Provinces of Upper Canada and Lower Canada to
grant Lands within the said Provinces respectively which said Grants are to pass and
be sealed with our Seal of such Province and being entered upon Eecord by such
Officer or Officers as shall be appointed thereunto shall be good and effectual in Law
against us Our Heirs and Successors Provided nevertheless that no Grants or Leases
of any of the Trading Ports in our said Provinces shall under Colour of this Authority
be made to any Person or Persons whatsoever until our Pleasure therein shall be
signified to you and wee do hereby give you the said Guy Lord Dorchester full Power
to order and appoint ffairs Marts and Markets as also such and so many Ports
Harbours Bays Havens and other Places for the Convenience and Security of Ship-
ping and for the better Loading and unloading of Goods and Merchandizes within
our said Provinces of Upper Canada and Lower Canada as by you with the Advice
of Our Executive Council for Our said Provinces respectively shall be thought fit
and necessary for the same And Wee do hereby require and command all our Officers

12 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

and Ministers Civil and Military and all other Inhabitants of our said Provinces of
Upper Canada and Lower Canada to be obedient aiding and assisting unto you the
said Guy Lord Dorchester in the Execution of this Our Commission and of the
powers and Authorities herein contained and in Case of your Death or Absence out
of Our said Province of Upper Canada or Our province of Lower Canada^ to be obedi-
ent aiding and assisting unto such Persons (as) shall be appointed by us to be our
Lieutenant Governor or Commander in Chief of such Province respectively To Whom
Wee do therefore by these presents in Case of your Death or Absence from such
Province give and grant all and singular the powers and Authorities herein granted
to be by him executed and enjoyed during our Pleasure or until your Arrival within
such Province respectively And if upon your Death or Absence out of our said Prov-
inces of Upper Canada or Lower Canada or either of them there be no Person upon the
Place Commissioned and appointed by Us to be Our Lieutenant Governor or appointed
by Us to Administer Our Government within the said Province^ in case of the
Death or Absence of you and our Lieutenant Governor of the said Province Our Will
and Pleasure is that the oldest Member of our Executive Council for Our said
Province of Upper Canada or Our said Province of Lower Canada being a naturel born
Subject of Great Britain Ireland or Our Colonies and Plantations and Professing the
Protestant Religion who shall then be residing within such of Our said Provinces^
Shall take upon him the Administration of the Government and execute our said
Commission and Instructions and the several Powers and Authorities therein con-
tained and to all Intents and Purposes as other Our Governors Lieutenant Governors
or persons administering Our Governments until Our further pleasure be known there-
in Nevertheless as it may happen in Case of the Death Absence Removal or Suspen-
sion of our Lieutenant Governor of either of the Provinces above mentioned that the
Succession of such oldest member as aforesaid to the Administration of the Govern-
ment may not be for the good of Our Service and the Welfare of such Province Wee
do hereby authorize and impower you in Case of such Death Absence or Removal if
it shall appear to you that it would not be expedient for such oldest Councillor in Suc-
cession to administer the Government to nominate and appoint by a Commission
under the Seal of such Province you being yourself at the Time of such Appointment
Personally resident in it any Member of the Executive Council by Us appointed for
Our said Province of Upper Canada or Our Province of Lower Canada respectively
v.'hom you shall judge the most proper and fitting to be Our Lieutenant Governor
thereof such Person being a Natural born Subject of Great Britain Ireland or of Our
Colonies and Plantations and professing the protestant Religion until Our pleasure
thereupon shall be Known and you are to transmit to us by the first Opportunity
through one of our Principal Secretaries of State your Reasons for such Appoint-
ment And Wee do hereby Give and Grant unto you the said Guy Lord Dorchester
full Power and Authority in Case any Person or Persons Commissioned or appointed
by Us to any Office or Offices within Our said Provinces of Upper Canada or Lower
Canada from which they may be liable to be removed by Us shall in your Opinion be
unfit to continue in Our Service to suspend or remove such person or persons from
their several Employments without stating to him or them your Reasons for such
Suspension or Removal And Wee do hereby declare ordain and appoint that you the
said Guy Lord Dorchester shall and may hold execute and enjoy the Office and place
of our Captain General and Governor in Chief in and over Our said Provinces of

1. In Sherbrooke's and subsequent Commissions the following clause is here inserted:
" or in case from any special Circumstances we shall judge it expedient by Warrant under
the Sign Manual or otherwise to provide for the Civil Administration of the government
notwithstanding your actual presence in either of our said provinces."

2. Drummond's Commission (1814) directs that the government devolve on the senior
officer commanding the forces for the time being.

3. Prevost's and Sherbrooke's Commissions add here "(the Chief Justice and Bishop
for the time being excepted)."

CONSTITUTIONAL DOCUMENTS 13

SESSIONAL PAPER No. 18

Upper Canada and Lower Canada with all its Rights Members and Appurts whatsoever
together with all and singular the Powers and Authorities hereby granted unto you
for and during Our Will and Pleasure.

In Witness &c. Witness &e this Twelfth Day of September One thousand seven hun-
dred and ninety one.

BY THE KING HIMSELF.

INSTRUCTIONS TO LORD DORCHESTER AS GOVERNOR OF LOWER

CANADA.^

[L. S.]

GEORGE R.
C. O. Instructions, Quebec,
1TS6-1T91.

IxsTRUCTioNS to Our Right Trusty and Welbeloved Guy, Lord

Dorchester, Knight of the Most Honourable Order of the Bath,

Our Captain General and Governor in Chief in and over Our

Province of Lower Canada ; Given at Our Court at St. James's,

the Sixteenth day of September, 1791, In the Thirty First Year

of Our Reign.

1st. With these Our Instructions you will receive Our Commission^ under Our

Great Seal of Great Britain constituting you Our Captain General and Governor in

Chief in and over Our Provinces of Upper Canada and Lower Canada, bounded as in

Our said Commission is particularly expressed. In the Execution therefore of so much

of the Office and Trust We have reposed in you as relates to Our Province of Lower

Canada, you are to take upon you the Administration of the Government of the said

Province, and to do and execute all things belonging to your Command according to

the several Powers and Authorities of Our said Commission under our Great Seal of

Great Britain and of the Act passed in the present year of Our Reign therein recited,

and of these Our Instructions to you and according to such further Powers and

Instructions as you shall at any time hereafter receive under Our Signet and Sign

Manual, or by Our Order in Our Privy Council.

2. And you are with all due Solemnity, before the Members of Our Executive
Council, to cause Our said Commission to be read and published, which being done,
you shall then take and also administer to each of the Members of Our said executive
Council, the Oaths mentioned in an Act passed in the first Year of His late Majesty
King George the first, intituled — "An Act for the further Security of His Majesty's
^' Person and Government, and the Succession of the Crown in the Heirs of the late
"Princess Sophia, being Protestants; and for extinguishing the hopes of the pretended
"Prince of Wales, and his open and secret Abettor?." As altered and explained by an
Act passed in the Sixth Year of Our Reign, intituled, "An Act for altering the Oath of
" Abjuration and the Assurance, and for amending so much of an Act of the Seventh
"year of Her late Majesty Queen Anne" intituled " An Act for the Improvement of
" the Union of the two Kingdoms, as after the time therein limited requires the delivery
" of certain Lists therein mentioned to Persons indicted for High Treason, or Mis-
"prision of Treason" and also make and subscribe, and cause the Members of the said
Executive Council to make and subscribe the Declaration mentioned in an Act of Par-
liament made in the Twenty fifth Year of the Reign of King Charles the Second,
intituled " An Act for preventing the dangers which may happen from Popish Recus-
" ants." and you and every of them are likewise to take an Oath for the due Execution
of your and their Places and Trusts with regard to your and their equal and impartial

1. From a contemporary copy in the Canadian Archives, G. 181, p. 1.

2. See p. 5.

14 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

A'Jministration of Justice; and you are also to take the Oath required by an Act
pf.ssed in the Seventh and Eighth years of the Reign of King William the third, to
be taken hy Governors of Plantations, to do their utmost that the Laws relating to the
Plantations be duly observed.

3. You shall also administer or cause to be administered the Oaths appointed in
the aforesaid recited Acts, to all Persons, except as hereafter mentioned, that shall be
appointed to hold or exercise any Office, Place of Trust or Profit in Our said Province,
previous to their entering on the Execution of the Duties of such Office ; and you shall
also cause them to make and subscribe the Declaration mentioned in the aforesaid Act
of the Twenty fifth Year of the Reign of King Charles the Second — But in cases where
any such Office, Place of Trust or Profit within Our said Province of Lower Canada
shall be conferred on any of Our Subjects who may profess the Religion of the Church
of Rome, you shall, so often as any such Person shall or may be admitted into any
Such Office, Place of Trust or Profit, administer or cause- to be administered to him
the Oath prescribed in and by an Act of Parliament passed in the 14th Year of Our
Reign, intituled " An Act for making more effectual Provision for the Province of
Quehec in North America " and also the usual Oath for the Execution of such Office,
Place of Trust or Profit in lieu of all other Tests and Oaths whatsoever.

4. Whereas We have thought fit that there should be an executive Council for
assisting you or Our Lieutenant Governor or Person administering the Government of
Our said Province of Lower Canada for the time being; We do hereby by these Presents
nominate and appoint the undermentioned Persons to be of the executive Council of Our
said Province, viz*.: William Smith,^ Paul Roc de St. Ours,^ Hugh Finlay,^ Fran-
cois Baby,* Thomas Dunn,^ Joseph de Longueuil,® Adam Mabane,^ Pierre Panet*
and Adam Lymburner^ Esqrs. — And Whereas, by an Ordinamce^*' passed in the Province
of Quebec, the Governor and Council of the said Province were constituted a Court
of Civil Jurisdiction for hearing and determining Appeals in certain Cases therein
specified; And Whereas by an Act passed in the present Year of Our Reign, it is
declared, that the Governor, Lieutenant Governor, or Person administering the Gov-

1. Prior to the War of Independence, William Smith had been Chief Justice of the
Province of New York. He supported the Loyalist cause and chose to return to England
with Guy Carleton in 1783. In 1786, at the time of Carleton's return to Quebec, Smith was
appointed Chief Justice of the province and a Member of the Legislative Council. He had
taken a prominent part in the discussions on the Constitutional Bill and had in this con-
nection proposed a federation of all the British North American Provinces. Subsequently
he became the first Chief Justice of the Province of Lower Canada and the first President
of the Legislative Council. He died, Dec. 6. 1793.

2. P. R. de St. Ours had been a Member of the Legislative Council since 1775.

3. Hugh Finlay had served on the various councils of the province since 1768. In addi-
tion he held from the British government the position of Deputy Postmaster General for the
North American Provinces.

4. Frangois Baby had been appointed to the Legislative Council of Quebec in 1777. He
was also one of the most trusted officers of the Canadian militia.

5. Thomas Dunn had been a member of the governing body of Quebec since Governor
Murray's first council in 1764, In 1775 he was appointed to the Legislative Council and in
the following year was selected by Carleton as a member of the first Privy Council of the
province. He was at this time also a jiidge of the Court of Common Pleas for the dis-
tricts of Quebec, Three Rivers and Montreal.

6. Joseph de Longueuil had been a member of the Legislative Council since 1778.

7. Adam Mabane was a member of the first Executive Council of Quebec. In 1766 he
incurred the displeasure of Carleton and was suspended from office. He was appointed to
the Legislative Council in 1775 and to the Privy Council in the following year. He never
took office, however, as a member of the Executive Council of Lower Canada, his death
occurring Jan. 3, 1792.

8. Though not previously holding executive office, Pierre Panet had been a justice of
the Court of Common Pleas for the district of Quebec since 1783.

9. Adam Lymburner was one of the leading merchants of Quebec. As agent of the
British inhabitants he had appeared before the British parliament in opposition to the
division of the province. He did not present himself for admission to the Executive Coun-
cil until 1799, when he was refused the oath of office by virtue of the 7th Article of the
Royal Instructions.

10. Ordinance of February 25, 1777. See Constitutional Documents, 1759-1791, Shortt and
Doughty, 1907, p. 464.

CONSTITUTIONAL DOCUMENTS 15

SESSIONAL PAPER No. 18

ernment of the said Province, together with such executive Council, shall be a Court of
Civil Jurisdiction vs^ithin Our said Province for hearing and determining Appeals
within the same in the like Cases, and in the like manner and form, and subject to
f.uch Appeal therefrom, as such Appeals might have been before the passing of the
above recited Act have been heard and determined by the Governor and Council of
Quebec/ — In order therefore to carry the said Act into Execution, Our Will and
Pleasure is that you do in all civil Causes, on application being made to you for that
purpose, permit and allow Appeals from any of the Courts of Common Law in Our
said Province, unto you and the Executive Council of the said Province of Lower
Canada in manner prescribed by the above mentioned Act; and you are for that pur-
pose to issue a Writ as nearly in the accustomed manner before the passing of the
above mentioned Act in respect of such Appeals as the case will admit, returnable
before Yourself and the Executive Council of the said Province, who are to proceed
to hear and determine such Appeal Wherein such of the said Executive Council as
shall be at that time Judges of the Court from whence such Appeal shall be so made
to you Our Captain General, and to Our said executive Council as aforesaid, shall not
l,e admitted to vote upon the said Appeal, but they may nevertheless be present at the
hearing thereof, to give the reasons of the Judgment given by them in the causes
wherein such Appeal shall be made, provided nevertheless, that in all such Appeals, the
Sum or Value appealed for do exceed the Sum of Three hundred Pounds Sterling, and
that Security be first duly given by the Appellant, to answer such Charges as shall
be awarded in case the first Sentence be affirmed, and if either Party shall not rest
satisfied with the Judgment of you and such executive Council as aforesaid, Our Will
and Pleasure is that they may then Appeal unto TJs in Our Privy Council, provided
the Sum or Value so appealed for unto Us, do exceed Five hundred Pounds Sterling,
and that such Appeal be made within Fourteen days after Sentence, and good Security
be given by the Appellant, that he will effectually prosecute the same, and answer the
condemnation, as also pay such costs and Damages as shall be awarded by Us, in case
the Sentence of you and the Executive Council be affirmed: Provided nevertheless
where the matter in question relates to the taking or demanding any Duty payable to
Us, or to any Fee of Office or annual Rents or other such like matters or thing where
the Rights in future may be bound, in all such Cases you and the said Executive
Council are to admit an Appeal to Us in Our Privy Council, though the immediate
Sum or Value appealed for be of a less value ; and it is our further Will and Pleasure,
that in all Cases where by your Instructions you are to admit Appeals unto Us in Our
Privy Council, Execution shall be suspended until the final Determination of such
Appeal, unless good and sufficient Security be given by the Appellee to make ample
restitution of all that the Appellant shall have lost by means of such Decree or Judg-
ment, in case upon the determination of such Appeal, such Decree or Judgment should
be reversed, and restitution ordered to the Appellant — ^You and Our Executive Coun-
cil are also to permit appeals unto Us in Our Privy Council, in all Cases of Fines
imposed for Misdemeanours, provided the Fines so imposed amount to or exceed the
Sum of One Hundred Pounds Sterling, the Appellant first giving good Security that
he will effectually prosecute the same, and answer the Condemnation, if the Sentence
by which such Fine was imposed in your Government shall be confirmed.

5. And that We may be always informed of the names and Characters of Persons
fit to supply the Vacancies which may happen in Our said Executive Council, You are
in case of any Vacancy in the said Council to transmit to Us by one of Our prin-
cipal Secretaries of State, the Names and characters of such three Persons, Inhabi-
tants of Our said Province of Lower Canada whom you shall esteem the best qualified
for fulfilling the Trust of such Executive Councillor.

6. And in the Choice and Selection of such Persons proposed to fill such

1. See Article XXXIV of the Constitutional Act of 1791.

16 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

Vacancy in Our said Executive Council, as also of the Chief Officers, Judges
Assistants, Justices of the Peace and other Officers of Justice, you are always to
take Care that they be men of good Life, well affected to Our Government, and of
abilities suitable to their Employments.

7. And Whereas we are sensible, that effectual Care ought to be taken to oblige
the Members of Our Executive Council to a due Attendance; it is Our Will and
Pleasure in order to prevent the many inconveniences which may happen for want
of a Quorum of the Council to transact. — Business as occasion may require, that if
any of the Members of Our said Executive Council residing in Our said Provinqe,
shall hereafter willingly absent themselves from the Province, and continue absent
above the Space of Six Months together, without leave from you first obtained under
your hand and Seal; or shall remain absent for the Space of one Year without
Our Leave given them under Our Eoyal Signature, their Places in the said Executive
Council shall immediately thereupon become void — And We do hereby will and
require you, that this Our Royal Pleasure be signified to the several Members of
Our said Executive Council, and that it be entered in the Council Books of the
said Province as a standing Rule.^

8. And to the end that Our said Executive Council may be assisting to you in
all affairs relating to Our Service, you are to communicate to them such and so
many of these Our Instructions, wherein their advice is mentioned to be requisite;
and likewise all such others from time to time as you shall find convenient for Our
Service to be imparted to them.

9. You are also to permit the Members of Our said Executive Council to have
and enjoy Freedom of Debate and Vote in all Affairs of Public Concern which may
be debated in the said executive Council.

10. And Whereas We have thought fit to declare by Our Order in Council
bearing date the 24'^'^ day of August last, that the Division of Our Province of

Quebec shall commence on the day of December next,^ and that from thenceforth

the Lands and Territories therein described shall be two separate Provinces and be
called the Province of Upper Canada and the Province of Lower Canada; you are,
as soon as may be after such Division shall take place, to summon by an Instrument
under the Great Seal of Our Province of Lower Canada, to the Legislative Council
of that Province, the following Persons whom We hereby authorize and direct yon
so to summon to Our said Legislative Council of Lower Canada; viz*^ William Smith,
J. G. Chaussigros de Lery, Hugh Finlay, Picotte de Belestre, Thomas Dunn, Paul
Roc de S*. Ours, Edward Harrison, Francis Baby, John Collins, Joseph de
Lomgueuil, Adam Mabane, Charles de Lanaudiere, George Pownall, R. Amable de
Boucherville, and John Frazer, Esq'"'-^ —

11. And Whereas by the aforesaid recited Act passed in the present Year of Our
Reign, it is provided that the Seats of the Members of Our Legislative Council shall
become vacant in certain Cases mentioned in the said Act,* It is Our Will and

1. In 1799, a case arose to which this article was applied. On July 18th, Mr. Adam
Lymburncr presented himself to the board and requested that the usual oaths be adminis-
tered to him. Mr, Lymburner admitted that he had secured no leave of absence and it was
accordingly resolved unanimously by the Council "that the case of A. Lymburner, Esq.,
comes within the Provision of the 7th Royal Instruction and as he, the said A. Lymburner,
Esq., hath not produced any further title or Authority, he has no right to demand that the
said Oaths be administered to him or to a Seat at the Board." (See Minutes of Executive
Council, State Book B, Lower Canada, page 493.)

2. The date on which the Constitutional Act should come into effect was not determined
by the Order in Council of August 24, but was later fixed as December 26, 1791. For the
proclamation declaring the act to be in force, see page 55.

3. All members of the new council had served on the former Legislative Council. John
Collins held the office of Deputy Surveyor of Lands. George Pownall, nephew of Governor
Pownall, was Secretary and Registrar of the Province of Quebec.

4. See Article VIIL of the Constitutional Act, Constitutional Documents, 1759-1791, Shortt
and Doughty, 1907, p. G96.

CONSTITUTIONAL DOCUMENTS ^ 17

SESSIONAL PAPER No. 18

Pleasure, that if any Member of Our said Legislative Council shall at any time
leave Our said Province and reside out of the same, you shall report the same to Us
by the first opportunity through one of Our Principal Secretaries of State — And
you are also in like manner to report whether such member of the said council is
absent by your permission, or by the Permission of Our Lieutenant Governor or
Commander in Chief of the said Province for the time being; and you are also in
like manner, to report, if it shall come to your knowledge, that any such Member shall
at any time take or have taken any Oath of Allegiance or Obedience to any foreign
Prince or Power, or shall be attainted for treason in any court of Law within any
of Our Dominions, that We may take measures thereupon as We shall think fit —
And you are to take especial Care that the several Provisions of the said Act respect-
ing the several Cases in which Persons may or may not be entitled to receive Writs
of Summons to the said Legislative Council, or to hold their Places therein shall
be duly executed.

12. And for the Execution of so much of the Powers vested in yoi; by Our said
Commission, and by virtue of the said Act, as relates to the declaring that you
assent in Our Name to Bills passed by the Legislative Council and House of
Assembly, or that you withold Our Assent therefrom, or that you reserve such Bills
for the Signification of Our Eoyal Pleasure thereon, It is Our Will and Pleasure that
you do carefully observe the following Rules, Directions, and Listructions, viz* —

That the Style of enacting all the said Laws, Statutes and Ordinances, shall be
by Us, Our Heirs, or Successors, by and with the Advice and Consent of the Legis-
lative Council and Assembly of Our Province of Lower Canada, constituted and
assembled by virtue of, and under the Authority of an Act passed in the Parliament
of Great Britain, entitled, " An; Act to repeal certain Parts of an Act passed in tlie
fourteenth Year of His Majesty's Reign," intituled " An Act for making more
effectual Provision for the Government of the Province of Quebec in North America,
and to make further Provision for the Government of the said Province ; " and that
i;o Bill in any other Form shall be assented to by you in Our Name.

That each different matter be provided for by a different Law, without including
in one and the same Act such Things as have no proper Relation to each other.

That no Clause be inserted in any Acl or Ordinance which shall be foreign to
what the Title of it imports, and that no perpetual Clause be part of any temporary
Law^

That no Law or ordinance whatever be suspended, altered, continued, revived,
or repealed by general Words; but that the Title and date of such Law or Ordinance
be particularly mentioned in the enacting part.

That in case any Law or ordinance respecting private Property, shall be passed
without a saving of the right of Us, Our Heirs and Successors and of all Persons
or Bodies Politic or Corporate; except such as are mentioned in the said Law or
Ordinance, You shall declare that you withold Our Assent from the same; and if any
such Law or Ordinance shall be past without such Saving you shall in every such
Case declare that you reserve the same for the signification of Our Royal Pleasure
thereon.

That in all Laws or Ordinances for levying Money or imposing Fines, Forfeitures
or Penalties, express mention be made that the same is granted or reserved to Us,
Our Heirs, and Successors for the Public Uses of the said Province, and the Support
of the Government thereof, as by the said Law shall be directed, and that a Clause
be inserted declaring that the due Application of such Money pursuant to the
Directions of such Law shall be accounted for unto Us through Our commissioners
of Our Treasury for the time oevAZ in such manner and form as We shall direct.

13. And Whereas We have by Our said Commission^ giiven you full Power and

1. See Dorchester's commission, page 8.
18—2

18 CANADIAN ARCHIVES

3 GEORGE v., A. '913

Authority subject as therein is specified, and to these Our Instructions in that behalf
to issue Writs of Summons and Election, and to call together the Legislative Council
and Assembly of Our said Province of Lower Canada, and for the purpose of electing
the Members of the Assembly of Our said Province of Lower Canada have also given
yoa full power and Authority to issue a Proclamation dividing Our said Province of
Lower Canada into Districts or Counties, or Circles, and Towns or Townships, and de-
claring and appointing the number of Representatives to be chosen by each of such
Districts or Counties, or Circles and Towns or Townships; now. Our Will and
Pleasure is, that you shall issue such Proclamation as soon as may be, allowing
nevertheless a reasonable time between the issuing thereof and the time of issuing
the Writs of Summons and Election above mentioned.^

14. That all Laws assented to by you in Our name, or reserved for the Significa-
tion of Our Pleasure thereon, shall, when transmitted by you, be fairly abstracted in
the Margins, and accompanied with very full and particular Observations upon each
of them, that is to say, whether the same is introductory to a New Law, declaratory
of a former Law, or does repeal a Law then before in being ; And you are also to trans-
mit in the fullest manner the Reasons and occasion for proposing such Laws, together
with fair copies of the Journals and Minutes of the Proceedings of the said Legis-
lative Council and Assembly, which you are to require from the Clerks or other
proper Officers in that behalf, of the said Legislative Council and Assembly.

15. And Whereas in the said Act it is provided that in certain Cases, Acts passed
by the Legislative Council and Assembly of the Province shall previous to any Signifi-
cation of Our assent thereto, be laid before both Houses of Our Parliament of Great
Britain;^ And Whereas it is also provided in' the said Act, that in certain Cases Pro-
vision may be made by Acts of the Legislative Council and Assembly of the Province
assented to by Us Our Heirs or Successors ( thereby reserving the power of giving such
Assent to Us, Our Heirs, or Successors only)' you are to take especial Care, that in
every such Case you are to declare that you reserve such Bills for the Signification of
Our Pleasure thereon; And you will likewise reserve for such signification every other
Bill which you shall consider to be of an extraordinary or unusual Nature, or requir-
ing Our special consideration and decision thereupon, particularly such as may affect
the Property, Credit, or dealings of such of Our Subjects as are not usually resident
within the said Province, or whereby duties shall be laid upon British or Irish Ship-
ping, or upon the Product or manufactures of Great Britain or Ireland.

16. And Whereas Laws have formerly been enacted in several of Our Plantations
in America, for so short a time, that Our Royal Assent or Refusal thereof could not be
had before the time for which such Laws were enacted did expire. You shall not as-
sent in Our name to any Law that shall be enacted for a less time than two years,
except in cases of imminent necessity or immediate temporary expediency; and you
shall not declare Our Assent to any Law containing Provisions which shall have been
disallowed by Us, without express Leave for that purpose first obtained from Us, upon
a full representation by you to be made to L^s by one of our principal Secretaries of
State, of the reasons and necessity for passing such Law.

lY. Whereas We have thought fit by Our Orders in Our Privy Council to disal-
low certain Laws passed in some of Our Colonies and Plantations in America, for con-
ferring the Privileges of Naturalization on Persons being Aliens,* and for divorcing
P.-?rsons who have been legally joined together in Holy Marriage — And Whereas Acts
have been passed in others of Our said Colonies, to enable Persons who are Our liege
Subjects by Birth or Naturalization, to hold and inherit Lands, Tenements, and Real

1. For the Proclamation see page 72.

2. Article XLII of the Constitutional Act made special provision for the reservation of
all acts touching the religious establishment of the province. (See Constitutional Documents,
1759-1791, Shortt and Doughty. 1907, p. 705.)

«3. See Article XXXX. of the Constitutional Act.
4. See page 107, note 1.

CONSTITUTIONAL DOCUMENTS 19

SESSIONAL PAPER No. 18

Estates, altho' sucli Lands, Tenements, and real Estates had been originally granted
to, or purchased by Aliens antecedent to JSTaturalization — It is Our Will and Pleasure,
thai you do not upon any pretence whatsoever give your Assent to any Bill or Bills
that may hereafter be passed by the Legislative Council and Assembly of the Province
under your Government for the Naturalization of Aliens, nor for the Divorce of Per-
sons joined together in Holy Marriage nor for establishing a Title in any Lands,
Tenements, and real Estates in Our said Province originally granted to or purchased
by Aliens antecedent to Naturalization.

18. You are to give Warrants under your hand for the issuing of Public monies
for all Public Services, and We do particularly require you to take care that regular
Accounts of all Receipts and Payments of Public Monies be duly kept, that the same
from time to time be audited by Our executive Council, and that Copies thereof
attested by you be transmitted every half year or oftener if there should be occasion to
Our commissioners of Our Treasury or to Our High Treasurer for the time being, and
Duplicates thereof by the next conveyance, in which Accounts, shall be specified every
particular Sum raised or disposed of, to the end that We may take such measures as
We may deem necessary for the Examination of the said Accounts, and that We may
be satisfied of the ri^ht and due Application of the Eevenue of Our said Province of
Lower Canada, and with the Probability of the increase of^ diminution of it under
every head and Article thereof.

19. Wherea.-. by an Act of Our Parliament of Great Britain passed in the fourt.^-.
year oi Our E^ign, intituled "An Act to prevent Paper Snis of Credit hereafter
" tr, be issued in any of His Majesty's Colonies or Plantations in America, from
" being declared to be a legal Tender in payments of Money, and to prevent the legal
" Tender of such Bills as are now subsisting, from being prolonged beyond the Periods
" limited for calling in and sinking the same," it is enacted that no Paper Bills or
Bills of Credit should be created or issued by any Act, Order, Resolution, or Vote of
Assembly in any of Our Colonies or Plantations in America, to be a legal tender in
payment, and that any such Act, Order, Resolution or Vote for creating or issuing
such Paper Bills or Bills of Credit, or for prolonging the legal tender of any such then
subsisting and current in any of the said colonies or Plantations, should be null and
void — And Whereas by another Act of our said Parliament passed in the Thirteenth
Year of Our Reign, intituled, "An Act to explain and amend the above recited Act
" passed in the Fourth Year of Our Reign as aforesaid " it is enacted that any Cer-
tificates, Notes, Bills, or Debentures, which shall or may be voluntarily accepted by
the Creditors of the Public within any of the Colonies in America as a Security for
the Payment of what is due and owing to the said Public Creditors, may be made and
enacted by the General Assemblies of the said Colonies respectively to be a tender
to the Public Treasurers in the said Colonies, for the Discharge of any Duties, Taxes,
or other Debts whatever due to, and payable at or in the said Public Treasuries of the
said Colonies, in virtue of Laws passed within the same, and in no other Case What-
soever— It is Our Will and Pleasure that you do in all things conform yourself to the
Provisions of the said Recited Acts both with respect to the not assenting to any Bills
which may be presented to you for the purpose of issuing or creating Paper Bills or
Bills of Credit, to be a legal Tender in payment, and the assenting to any Bills by
which Certificates, Notes or Debentures which may be voluntarily accepted in payment
bj the Public Creditors shall be made a legal Tender to the Treasury for Taxes,
Duties, and other Payments to the Public Treasury.

20. You shall not remit any Fines or Forfeitures whatsoever above the Sum of
Ten Pounds, nor dispose of any Forfeitures whatsoever, until upon signifying umto the
Commissioners of Our Treasury or Our High Treasurer for the time being, the nature
of the Offence, and the occasion of such Fines and Forfeitures, with the particular

1. The text reads "of" where "or" is obviously intended.
18— 2J

20 CAJ^ADIAN ARCHIVES

3 GEORGE v., A. 1913

Sums or Value thereof (which you are to do with all Speed) You shall have received
Our Directions thereon, but you may in the mean' time suspend the payment of the
said Fines and Forfeitures.

21. And you are on every occasion to transmit to Us hy one of Our principal
Secretaries of State with all convenient Speed, a particular Account of all New Estab-
lishments of Jurisdictions, Courts, Offices and Officers, Powers, Authorities, Fees, and
Privileges granted and settled within Our said Province of Lower Canada ; as likewise
an Account of all the Expences (if any) attending the Establishment of the said
Courts and Offices.

22. It is Our further Will and Pleasure that all Commissions to be granted ty
you to any Person or Persons, to be Judge, Justice of the Peace, or other necessary
Offices be granted during Pleasure only.

23. You are not to suspend any of the Members of Our said Executive Council, or to
suspend or displace any of the Judges, Justices, Sheriffs, or other Officers or Ministers
within Our said Province of Lower Canada without good and sufficient Cause, and in
case or' such Suspensiotn; or Removal, you are forthwith to transmit your reasons for
tho same to one of Our Principal Secretaries of State.

24. And Whereas frequent complaints have been made of gTeat delays and undue
Proceedings in the Courts of Justice in several of Our Plantations, whereby many of
Our good Subjects have very much suffered, and it being of the greatest Importance to
Our Service, and to the Welfare of Our Plantations that Justice be everywhere speedily
and duly administered, and that all disorders, delays, and other undue practices in the
administration thereof be effectually prevented; We do particularly require you to ta'-:e
especial Care that in all Courts where you are authorized to preside, Justice be impar-
tially administered; and that in all other Courts established within Our said Province,
all Judges and other Persons therein concerned do likewise perform their several dutios
without delay or partiality.

25. You are to take care that no Court of Judicature be adjourned but upon good
Grounds, as also that no Orders of any Court of Judicature be entered or allowed which
shall not be first read and approved of by the Justices in open Court, which Rule you
are in like manner to see observed with relation to all Proceedings of Our Executive
Council of Lower Canada, and that all orders there ma.de, be first read and approved
in such Council before they are entered upon the Council Books.

26. You are to take Care that all Writs within Our said Province of Lower
Canada be issued in Our Name.

27. You shall take care with the Advice and Assistance of our Executive Council,
that such Prisons as may at any time be necessary, be erected, and that the same or any
other already erected be kept in such a Condition as may effectually secure the Prison-
PTS which now are or hereafter may be confined therein.

28. You shall not suffer any Person to execute more Offices than one l>y Deputy.

29. You shall not by Colour of any Power or Authority hereby or otherwise
g-^T nted or mentioned to be granted unto you, take upon you to give, grant, or dispose
oi any Place or Office within Our said Province, which now is or shall be granted under
the Great Seal of this Kingdom, or to which any Person is or shall be appointed by
V-'arrant under Our Signet and Sign Manual, any further than that you may upon tho
Vacancy of any such Office or Place, or upon the Suspension of any such officer by you
aJ aforesaid, put in any fit Persons to officiate in the Interval, till you shall have repre-
sented the matter unto Us through one of Our principal Secretaries of State, which
you are to 6o by the first opportunity, and till the said Office or Place is disposed of by
Us, Our Heirs or Successors, under the great Seal of this Kingdom, or until some
Person shall be appointed thereunto under Our Signet and Sign Manual, or until Our
further Directions be given therein; and it is Our express Will and Pleasure, that you

1. Evidently "of" should be substituted for "or."

CONSTITUTIONAL DOCUMENTS 21

SESSIONAL PAPER No. 18

do give reasonable Support unto the Patent Officers in the Enjojmient of their legal and
established Fees, Rights, Privileges, and Emoluments, according to the true Intent and
meaning of their rc-Tccti^e Piitents.

30. And Whereas several Complaints have been made by the Officers of Our
Customs, in Our Plantations in America, that they have frequently been obliged to
serve on Juries, and personally to appear in Arms whenever the Militia is drawn out,
and thereby are much hindered in the Execution of their Employments, Our Will and
Pleasure is, that you take effectual Care and give the necessary Directions, that the
several Officers of Our Customs be excused and exempted from serving on any Juries,
or personally appearing in Arms in the Militia, unless in Cases of absolute necessity,
or serving any Parochial Offices which may hinder them in the Execution of their
Duties.

31. And Whereas nothing can more effectually tend to the speedy settling of
Our said Province of Lower Canada, the Security of the Property of our Subjects and
the Advancement of our Revenue, than the disposal of such Lands as are Our Property
upon reasonable terms, and the establishing of a regular and proper method of Proceed-
ing, with respect to the passing of Grants of such Lands. — It is therefore Our Will and
Pleasure, that all and every Person and Persons who shall apply for any Grant or Grants
of Land, shall previous to their obtaining the same, make it appear that they are in a
condition to cultivate and improve the same, and in case you shall, upon a considera-
tion of the Circumstances of the Person or Persons applying for such Grants, think it
aclviseable to pass the same, you are in such Case to cause a Warrant to be drawn up
directeid to the Surveyor General or other Officers, impowering him or them to make a
faithful and exact Survey of the Lands so petitioned for, and to return the said Warrant
within Six Months at farthest from the date thereof, with a Plot or Description of the
Lan;ds so surveyed thereunto annexed, and when the Warrant shall be so returned by
the said Surveyor, or other proper Officer, the Grant shall be made out in due form, and
the Terms and Conditions required by these Our Instructions be particularly and ex-
pressly mentioned therein — And it is Our Will and Pleasure that the said Grants shall
be registereld within Six Months from the date thereof in the Register's Office, and a
Docket thereof be also entered in Our Auditor's Office, Copies of all which Entries shall
be returned regularly by the proper Officer to Our Commissioners of Our Treasury.

32. And for the further Encouragement of Our Subjects, It is Our Will and
Pleasure that the Lands to be granted by you as aforesaid, shall be laid out in Town-
ships, and that each inland Township shall, as nearly as Circumstances shall admit,
c->nsist of Ten Miles Square; and such as shall be situated upon a navigable River or
Water shall have a front of Nine Miles, and be twelve Miles in Depth, and shall
be subdivided in such manner as may be found most adviseable for the accommodation
of the Settlers, and for making the several Reservations for Public Uses and particu-
larly for the Support of the Protestant Clergy agreably to the above recited Act
passed in the present Year of Our Reign.^

33. And Whereas great Inconveniences have heretofore arisen in many of the
Colonies in America from the granting excessive Quantities of Land to particular
Persons who have never cultivated or settled the same, and have thereby prevented
others more industrious from improving such Lands — In order therefore to prevent
the like inconveniences in future, it is Our Will and Pleasure that you observe the
following Directions and Regulations in all Grants to be made by you as aforesaid;

Tizt

That no Town Lot shall be granted to any one Person being Master or Mistress of
a Family in any Township to be laid out as aforesaid which shall contain move than
one Acre of Land.

1. See Article XXXVI. of the Constitutional Act. Constitutional Documents, 1759-1791,
Sliortt and Doughty, 1907, p. 703.

22 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

That no Park Lot shall be granted to any one Person being Master or Mistress of
a Family in any Township so to be laid out, which shall contain more than Twenty
four Acres.

That no Farm Lot shall be granted to any one Person being Master or Mistress of
n Family in any Township so to be laid out, which shall contain more than 200 Acres.

It is Our Will and Pleasure, and you are hereby allowed and permitted to grant
unto every such Person or Persons such further Quantity of Land as they may desire,
not exceeding one Thousand Acres over and above what may have heretofore been
granted to them, and in all Grants of Land to be made by you as aforesaid, you are to
take care that due regard be had to the quality and comparative Value of the different
parts of Land comprized within any Township, so that each Grantee may have as
nearly as may be a proportionable quantity of Lands of such different Quality and
comparative value, as likewise that the breadth of each Tract of Land to be hereafter
granted be one third of the length of such Tract, and that the length of such Tract do
not extend along the Banks of any River, but into the main Land, that thereby the
said Grantees may have each a convenient Share of what accomodation the said
River may afford for navigation or otherwise.

34. And as a further Encouragement to Our Subjects who shall become Settlers as
aforesaid. It is Our Will and Pleasure that the said Townships and the respective
Allotments within the same, together with the Lands to be reserved as aforesaid, shall
be run and laid out by Our Surveyor General of Lands for the said Province, or some
skilful Person authorized by him for that purpose, which Surveys together with the
Warrants and Grants for the respective Allotments shall be made out for and delivered
to the several Grantees free of any Expence or Fees whatsoever other than such as
may be payable to the different Officers according to the Table of Fees already estab-
lished upon Grants of Land made in the said Province.

35. And in order to prevent any Persons disaffected to Us and Our Government
from becoming Settlers in Our said Province of Lower Canada, It is Our Will and
Pleasure that no Warrants for surveying Lands be granted by you or the Lieutenant-
Governor- or Person administering the Government for the time being, unless the
Person or Persons applying for the same, do, at the time of making such application,
besides taking the usual Oaths directed by Law, also make and subscribe the follow-
ing Declaration in your or his presence, or. in the presence of such Person or Persons
as shall by you or him be appointed for that purpose; viz*

"I, A: B: do promise and declare that I will maintain & defend to the utmost
" of my Power the Authority of the King in His Parliament as the Supreme Legis-
"lature of this Province."

36. Whereas the reserving such Bodies of Land within Our Province of Lower
Canada, where there are considerable Growths of Timber fit for the use of Our Royal
Navy, is a matter of the utmost importance to Our Service — It is Our Will and
Pleasure that no Grants whatever be made of Lands within any District or Tract in
Our said Province of Lower Canada until Our Surveyor General of Woods or his
Deputy lawfullv appointed shall have surveyed the same and marked out as reserva-
tions to Us, Our Heirs, and Successors such parts thereof as shall be found to contain
any considerable growth of masting or other Timber fit for the use of Our Royal Navy,
and more especially upon the Rivers, and you iare hereby instructed to direct Our
Surveyor General of^ Lands in Our said Province from time to time with all due
diligence to compleat the Surveys and mark out the Reservations as aforesaid in
the most convenient parts of Our said Province; and you are from time to time to
report the number, extent, and Situation of such Reservation, and you are further
to direct Our Surveyor General not to certify any Plots of Land ordered and Sur-
veyed for any Person or Persons whatever, in order that Grants may be made out for
the same, until it shall appear to him by a Certificate under the hand of Our said

CONSTITUTIONAL DOCUMENTS 23

SESSIONAL PAPER No. 18

Surveyor of Woods or his Deputy, that the Land so to be granted is not part of or
included in any District marked out as a Reservation for Us, Our Heirs and
Successors as aforesaid for the purpose herein before mentioned, and in order to
prevent any deceit or fraud from being committed by the Persons applying for Lands
in this respect; It is Our Will and Pleasure, that in all Grants to be hereafter made
for Lands within Our said Province of Lower Canada, the- following Proviso and
exception be inserted viz* " and provided also that no part of the Parcel or Tract of
" Land hereby granted to the said and his Heirs be within any Reservation

" made and marked for Us, Our Heirs, and Successors by Our Surveyor
" General of Woods, or his lawful Deputy, in which Case, this Our Grant for such
" part of the Land hereby given and granted to the said and his

" Heirs forever as aforesaid, and which shall upon a Survey thereof being made, be
" foimd with any such Reservation, shall be null and void, and of non Effect, any
"thing herein contained to the contrary notwithstanding."

37. And Whereas it is necessary that all Persons who may be desirous of settling
in Our said Province, should be fully informed of the Terms and Conditions upon
which Lands will be granted within Our said Province of Lower Canada in manner
prescribed in and by the said Act passed in the present Year of Our Reign — You are
therefore as soon as possible to cause a Publication to be made by Proclamation or
otherwise, as you in your discretion shall think most adviseable of the said Terms
and Conditions respecting the granting of Lands: in which Proclamation it may be
expedient to add some short description of the natural Advantages of the Soil and
Climate and its peculiar conveniences for Trade and Navigation.^

38. And it is Our further Will and Pleasure that all the foregoing Instructions
to you, as well as any which you may hereafter receive relative to the passing Grants
of Lands in conformity to the said Act passed in the present year of Our Reign, be
entered upon record for the Information and Satisfaction of all Parties whatever that
may be concerned therein.^

39. And Whereas it hath been represented unto Us that many parts of the
Province under your Government are particularly adapted to the Growth and Culture
of Hemp and Flax, It is therefore Our Will and Pleasure, that in all Surveys for
Settlement, the Surveyor be directed to report whether there are any or what quantity
of Lands contained within such Survey fit for the Production of Hemp & Flax.

40. And Whereas it hath been represented to Us, that several Parts of Our
Province of Lower Canada have been found to abound with Coals, It is Our Will
and Pleasure that in all Grants of Land to be made by you a Clause be inserted,
reserving! to Us Out Heirs, and Successors all Coals, and also all Mines of Gold, Silver,
Copper, Tin, Iron and Lead, which shall be discovered upon such Lands.

41. You shall cause a Survey to be made of all the considerable Landing Places
and Harbours in Our said Province, in case the same shall not have already been done,
and report to Us by one of Our Principal Secretaries of State, how far any Fortifica-
tions be necessary for the Security and Advantage of the said Province.

42. And Whereas it appears from the Representations of Our late Governor of the
District of Trois Rivieres, that the Iron Works at S*^. Maurice in that District are of
Great Consequence to Our Service — It is therefore Our Will and Pleasure that no part
of the Lands upon which the said Iron Works were carried on, or from which the Ore
used in such Iron Works was procured; or which shall appear to be necessary or con-
venient for that Establishment either in respect to a free passage in the River S*.
Lawrence, or for producing a necessary Supply of Wood, Corn, and Hay, or for Pasture
for Cattle, be granted to any Private Person whatever; and also, that as large a

1. For the Proclamation and papers relating to it see page 60.

2. For a discussion of the interpretation of this article, see the Papers relative to the
entry of the Minutes of the Executive Council. Lower Canada, page 227 et seq.

24 CANADIAy ARCHIVES

3 GEORGE v., A. 1913

District of Land as conveniently may be adjacent to, and lying round the said Iron
Works, over and above what may be necessary for the above purposes, be reserved for
Our Use, to be disposed of in such manner as We shall hereafter direct and appoint,

43. Whereas the Establishment of proper Regulations in matters of Ecclesiastical
Concern is an Object of very great Importance, it will be your indispensible Duty to
lake Care that no Arrangements in regard thereto be made, but such as may give full
satisfaction to Our New Subjects in every point in which they have a right to any
Indulgence on that head, always remembering that it is a Toleration of the free
Exercise of the Religion of the Church of Rome only to which they are entitled, but
not to the Powers and Privileges of it as an established Church, that being a Pre-
ference which belongs only to the Protestant Church of England.

44. Upon these Principles therefore, and to the end that Our just Supremacy in
all matters Ecclesiastical as well as civil may have it's due Scope and Influences; It
is Our Will and Pleasure

Eirst, That all Appeals to or Correspondence with any Foreign Ecclesiastical
Jurisdiction of what nature or kind soever, be absolutely forbidden under very severe
Penalties.

2ncijy_ That no Episcopal or Vicarial Powers be exercised within Our Said Pro-
vince by any Person professing the Religion of the Church of Rome, but such only a-s
are essentially and indispensably necessary to the free Exercise of the Romish
Religion, and in those Cases, not without a License and Permission from you under
the Seal of Our said Province for and during Our Will and Pleasure, and under such
other Limitations and Restrictions as may correspond with the Spirit and Provisions
of the Act of Parliament of the 14^'^ Year of Our Reign, " for making more effectual
Provision for the Government of the Province of Quebec ;" and no Person whatsoever
is to have holy Orders conferred upon him, or to have the Cure of Souls, without a
License for that purpose first had and obtained from you.

3rdiy_ That no Person professing the Religion of the Church of Rome, be allowed
to fill any Ecclesiastical Benefice, or to have or enjoy any of the Rights or Profits
belonging thereto, who is not a Canadian by Birth (such only excepted as are now in
possession of any such Benefice) and who is not appointed thereto by Us, or by or
under Our Authority, and that all Right or Claim of Right in any other Person what-
ever to nominate, present, or appoint to any vacant Benefice, other than such as may
lay Claim to the Patronage of Benefices as a Civil Right, be absolutely abolished, no
Person to hold more than one Benefice, or at least not more than can reasonably be
served by one and the same Incumbent.

4thiy_ ijijat no Person whatever professing the Religion of the Church of Rome
be appointed Incumbent of any Parish in which the Majority of the Inhabitants shall
solicit the Appointment of a Protestant Minister; In such Case, the Incumbent shall be
a Protestant, and entitled to all Tythes payable within such Parish : But nevertheless,
the Roman Catholics may have the use of the Church for the free Exercise of their Re-
ligion at such times as may not interfere with the Religious Worship of the Protest-
&nts; And in like manner the Protestant Inhabitants in every Parish where the
Majority of Parishioners are Roman Catholics, shall notwithstanding have the use of
the Church for the Exercise of their Religion at such times as may not interfere witk
the Religious Worship of the Roman Catholics.

5tiiiy^ That no Incumbent professing the Religion of the Church of Rome
f ppointed to any Parish, shall be entitled to receive any Tythes for Lands or Posses-
sions occupied by a Protestant; but such Tithes as shall be received by such Persons as
you shall appoint, and shall be reserved in the hands of Our Receiver General as
aforesaid for the Support of a Protestant Clergy in Our Said Province, to be actually
resident within the same, and not otherwise, according to such Directions as you shall
reeei ve from Us in that behalf, and in like manner all growing Rents and Profits of a

CONSTITUTIONAL DOCUMENTS 25

SESSIONAL PAPER No. 18

vacant Benefice during such Vacancy be reserved for, and applied to the like Uses.
gthiy^ That all persons professing the Religion of the Church of Rome, who are
already possessed of, or may hereafter be appointed to any Ecclesiastical Benefice, or
who may be licensed to exercise any power or authority in respect thereto, do take and
Subscribe before you in Council, or before such Person as you shall appoint to ad-
minister the same, the Oath required to be taken and subscribed by the aforesaid Act
of Parliament, passed in the Fourteenth Year of Our Reign, intituled " An Act for
" making more effectual Provision for the Government of the Province of Quebec in
" North America."

'jthiy^ That all Incumbents of Parishes professing the Romish Religion not
being under the Ecclesiastical Jurisdiction of the Bishop of Nova Scotia, shall hold
their respective Benefices during their good Behaviour, subject however, in case of any
conviction for criminal Offences, or upon due Proof of seditious Attempts to disturb
the Peace and ti'anquility of Our Government to be deprived or suspended by you.^

gthiy^ That such Ecclesiastics as may think fit to enter into the holy State of
Matrimony, shall be released from all Penalties to which they may have been sub-
jected in such Cases by any Authority of the See of Rome.

9thiy_ That Freedom of the Burial of the Dead in the Churches and Church
yards be allowed indiscriminately to every Christian Persuasion.

]^Qtiiiy_ That the Royal Family be prayed for in all churches and Places of
holy Worship in such manner and Form as is used in this Kingdom, and that Our
Arms and Insignia be put up, not only in all such Churches and Places of holy
Worship, but also in all Courts of Justice; and that the Arms of France be taken
down in every such Church or Court where they may at present remain.

2]^uiiy^ That the Society of Romish Priests called the Seminaries of Quebec
and Montreal shall continue to possess and occupy their houses of Residence, and all
other Houses and Lands to which they were lawfully entitled on the IS*"^ of September
1759, and it shall be lawful for those Societies to fill up vacancies, and admit new
Members according to the Rules of their Foundations, and to educate Youth in order
to qualify them for the Service of Parochial Cures as they shall become vacant. — It is
nevertheless Our Will and Pleasure, that not only those Seminaries, but ail other
Religious Communities, so long as the same shall continue, be subject to Visitation by
you Our Governor, or such other Person or Persons as you shall appoint for that
purpose, and also subject to such Rules and Regulations as you shall, with the advice
and Consent of Our Executive Council think fit to establish and appoint.

I2^hiy^ It is also Our Will and Pleasure that all other Religious Seminarirs
and Communities (that of the Jesuits only excepted) do for the present, and until We
can be more fully informed of the true state of them, and how far they are or are not
essential to the free Exercise of the Religion of the Church of Rome, as allowed within
Our said Province, remain upon their present Establishment, but you are not to allow
the Admission of any new Members into any of the said Societies or Communities
(the Religious Communities of Women only excepted) without Our express Orders for
that purpose: That the Society of Jesuits be Suppressed or dissolved and no longer
continued as a Body Corporate or Politic, and all their Rights, Possessions, and
Property shall be vested in Us for such Purposes as We may hereafter think fit to
direct and appoint; But We think fit to declare Our Royal Intention to be, that the
present members of the said Society as established at Quebec shall be allowed sufficioit
Stipends and Provisions during their natural Lives, that all Missionaries amongst
the Indians, whether established under the Authority of, or appointed by the Jesuits,
or by any other Ecclesiastical Authority of the Romish Church, be withdrawn by
Degrees, and at such times, and in such manner as shall be satisfactory to the said

1. See the report of a conversation between Mgr. Plessis and Attorney General SewelT,
page 304.

26 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

Indians, and consistent with the public Safety, and Protestant Missionaries appointed
in their places — That all Ecclesiastical Persons whatsoever of the Church of Eome
be inhibited upon Pain of Deprivation, from influencing any Person in the making
of a Will, from inveigling Protestants to become Papists, or from tampering with
them in matters of Eeligion, and the Romish Priests be forbidden to inveigh in their
Sermons against the Religion of the Church of England,

45. Whereas, We did by Our Commission^ under the Great Seal of Great Bri-
tain, bearing date the 1^* day of August, 1787, appoint the Right Rev. Father in God
Charles Inglis Doctor in Divinity, to be Bishop of the Province of Nova Scotia, and
thereby give to him and his Successors in the said See, Jurisdiction Spiritual and Ec-
clesiastical, in and throughout the said Province of Nova Scotia and its Dependen-
ces, according to the Laws and Canons of the Church of England, which are lawfully
made and received in England in the several Causes and Matters particularly ex-
pressed andT set forth in the said Commission and no other?

And Whereas by another Commission We did also give and grant to the said
Bishop of Nova Scotia full Power and Authority by himself or his sufficient Com-
missary or Commissaries, to exercise the like Spiritual and Ecclesiastical Jurisdiction
within the Provinces of Quebec, of New Brunswick, and the Islands of S*. John,
Cape Breton, and Newfoundland, as is set forth in the said. Commission — We do
hereby order and enjoin you, that you do give all fit Support and Countenance to
the said Bishop in the Exercise of his Jurisdiction Spiritual and Ecclesiastical, ac-
cording to the Laws of this Realm, and the Laws of the Province of Lower Canada,
and to the Tenor of the said Commissions, It is nevertheless Our Will and Pleasure
to reserve to you the granting of Licenses for Marriages, Letters of Administration,
and Probates of Wills, as heretofore exercised by you, and your Predecessors, and
also to reserve to you and to all others to whom it may lawfully belong, the Patronage
and Right of Presentation to Benefices; but it is Our Will and Pleasure, that the
Person so presented, shall be instituted by the Bishop or his Commissary duly author-
ized by him as directed by Our said commission.

46. you are to permit Liberty of Conscience, and the free Exercise of all such
modes of Religious Worship as are not prohibited by Law, to all Persons who inhabit
and frequent the Province of Lower Canada, provided they be contented with a quiet
and peaceable Enjoyment of the same, without giving Offence or Scandal to Govern-
ment.

47. You are to take especial Care that God Almighty be devoutly and duly
served throughout your Government, that the Lord's Day be duly kept, and that
the Services and Prayers appointed by and according to the Book of Common Prayer
be publicly and solemnly read and performed throughout the Tear.

48. You are to be careful that the Churches which are or may be hereafter erected
in Our said Province of Lower Canada be well and orderly kept.

49. You shall recommend to the Legislative Council and General Assemblies of
the Province of Lower Canada, to settle the Limits of Parishes in such a manner as
shall be deemed most convenient.

50. You are to use your best Endeavours that every Minister be constituted one
of the Vestry in his respective Parish, and that no Vestry be held without him, except
in case of his sickness, or that, after notice given of a Vestry he omit to come.

51. It is Our Will and Pleasure that you recommend to the Legislative Council
and Assembly of Ova said Province of Lower Canada to make due Provision for the
erecting and maintaining of Schools, where Youth may be educated in competent
Learning, and in knowledge of the Principles of the Christian Religion.

1. For the Commission to Dr. Inglis and the Instructions relating to it, see the Colonial
Office Records, Nova Scotia. Canadian Archives, M. 505. See also page 101.

CONSTITUTIONAL DOCUMENTS 27

SESSIONAL PAPER No. 18

52. And it is Our further Will and Pleasure that no Person shall be allowed to
keep a School in the Province of Lower Canada, without your License first had and
obtained; In granting which you are to pay the most particular attention to the
Morals and proper Qualifications of the Persons applying for the same; and in all
cases where the School has been founded, instituted, or appointed for the Education of
members of the Church of England, or where it is intended that the School Master
should be a Member of the Church of England, jou are not to grant such Licenses
except to Persons who shall first have obtained from the Bishop of Nova Scotia, or
one of his Commissaries, a Certificate of their being properly qualified for that pur-
pose.

53. And it is Our further Will and Pleasure, that in order to suppress every
Species of Vice, Profaneness, and Immorality, you do forthwith cause all Laws already
made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy, Incest, Pro-
fanation of the Lord's Day, Swearing, and Drunkenness, to be strictly put in execution
in every part of the Province of Lower Canada, and that for this purpose. You do
Direct that the Constables and Church Wardens of the several Parishes do make
Presentment upon Oath of any of the Vices before mentioned to the Justices of the
Peace in their Session, or to any of the other temporal Courts : And you are earnestly
to recommend to the Legislative Council and Assembly to provide ejffectual Laws for
the Restraint and Punishment of all such of the aforementioned Vices against which
ro Laws are as yet provided, or in cases where the Laws already made are found to
be insufficient. And in order to discountenance Vice and promote the practice of
Virtue to the utmost of your power. We do hereby strictly command and enjoin you to
appoint no Person to be a Justice of the Peace, or to any trust or Employment, whose
notorious ill Life or Conversation may occasion Scandal.

54. You are not to present any Protestant Minister to any Ecclesiastical Benefice
within Our said Province by virtue of the said Act passed in the present Year of Our
Reign and of Our Commission to you, without a proper certificate from the Bishop of
Nova Scotia or his commissary, of his being conformable to the Doctrine and Disci-
pline of the Church of England.

55. And you are to take especial Care that a Table of Marriages established by
the Canons of the Church of England be hung up in all Places of Public Worship
according to the Rites of the Church of England,

56. It is Our Royal Intention that the Peltry Trade of the Interior Country shall
be free and open to all Our Subjects, Inhabitants of any of Our Colonies, who shall,
pursuant to what was directed by Our Royal Proclamation of 1763 obtain trading
Licenses from the Governors of any of Our said Colonies under Penalties to observe
such Regulations as shall be made by Our Legislature of Our Province of Lower Cana-
da for that Purpose — These Regulations therefore, when established, must be made
Public throughout all Our American Possessions, and they must have for their Object
the giving every possible facility to that Trade which the nature of it will admit, and
which may be consistent with fair and just dealing towards the native Indians with
whom it is carried on; The fixing stated times and places for carrying 6n the Trade
and adjusting Modes of settling Tariffs of the Prices of Goods and Eurrs, and above
all the restraining the Sale of Spirituous Liquors to the Indians, will be the most
probable and effectual Means of answering the ends proposed.

57. The Fisheries on the Coast of Labrador^ and the Islands adjacent thereto, are
Objects of the greatest Importance, not only on account of the Commodities they pro-
duce, but also as Nurseries of Seamen upon whom the Strength and Security of Our
Kingdom depend.

58. Justice and Equity demand that the real and actual property and possession
of the Canadian Subjects which existed at the time of the Cession of the said Province

1. See page 6. note 4.

28 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

on that Coast, should be preserved entire, and that they should not be molested or
hindered in the Exercise of any Sedentary Fisheries they may have established there.

59. Their Claims however extend to but a small district of the Coast, on the
greatest part of which District, a Cod Fishery is stated to be impracticable.

60. On all such parts of the Coast where there are no Canadian possessions, and
more especially where a valuable Cod Fishery may be carried on, it will be your Duty
to make the Interest of Our British Subjects going out to fish there in Ships fitted out
from Great Britain, the first Object of your Care, and as far as circumstances will
admit to establish on that coast the Reg-ulations in favour of British fishing Ships
which have been so wisely adopted by the Act of Parliament passed in the Reign of
King William the Third, for the Encouragement of the Newfoundland Fishery, and
by the several Acts passed in the 15, 26, 28 and 29*^'' years of Our Reign for that pur-
pose; And, you are on no Account to allow any Possession to be taken, or Sedentary
Fisheries to be established upon any parts of the Coast that are not already private
Property by any Persons whatever, except only such as shall produce annually a certi-
ficate of their having fitted out from some Port in Great Britain.

61. Whereas it will be for the general Benefit of our Subjects carrying on the
Fishery in the Bay of Chaleurs in Our Province of Lower Canada, that such Part of
the Beach and Shore of the said Bay as is ungranted, should be reserved to TTs, Our
Heirs, and Successors, it is therefore Our Will and Pleasure that you do not in future
direct any Survey to be made or Grant to be passed for any part of the ungranted
Beach or Shore of the said Bay of Chaleurs, except sucli parts thereof as by Our
Orders in Council dated the 29'^^ of June and 2P^ of July 1786 are directed to be
granted to John Shoolbred of London, Merchant, and to Mess". Robin, Pipon and
Company of the Island of Jersey Merchants, but that the same be reserved to Us, Our
Heirs and Successors, together with a Sufiicient Quantity of Wood Land adjoining
thereto, necessary for the purpose of carrying on the Fishery; The Limits of such
Wood Land so to be reser%^ed to be determined upon and ascertained by you and Our
Executive Coimcil for Our said Province of Lower Canada, in such manner as from
the most authentic Information shall appear to you and them most -convenient and
proper for that purpose — It is nevertheless Our Intention, and We do hereby signify
to you Our Will and Pleasure, that the free use of such Beach or Shore, and of the
Wood Land so to be reserved, shall be allowed by you or any Person authorized by
you, to such of Our Subjects as shall resort thither for the purpose of carrying on the
Fishery in such proportions as the number of Chaloups he or they shall respectively
employ may require; Provided that, if any Fisherman who shall have permission to
occupy any part of the said Beach or Shore, and Wood Land for the purpose of the said
Fishery, shall not during any one Season continue so to occupy and employ any part
of the said Beach or Shore, and Wood Land so allotted to him, you or any Person
authorized by you as above may and shall allow the use of such part to any other
Fisherman who shall apply for the same for the purpose of carrying on the Fishery.
And Whereas it may be necessary to establish local Regulations to prevent Abuses as
well as disputes and misunderstanding between the Fishermen resorting to the said
Beach or Shore, it is Our Will and Pleasure that you, by and with the Advice and
Consent of Our said Executive Council, do frame such Regnlations f rotn time to time as
to you shall appear necessary to answer those salutary puriMDses, and that you transmit
the same to Us through one of Our principal Secretaries of State for Our Pleasure
therein, and Copies thereof to Our Committee of Our Privy Council for Trade and
ForeigTi Plantations by the first Opportunity.

62. And Whereas it is expedient for Our Sendee that We should from time to time
be informed of the State of the Trade and Fi.-herie?, as well as of the Population of Our
said Province of Lower Canada; It is Our Will and Pleasure, that you do transmit to
Us through one of Our Principal Secretaries of State, and to Our Committee of Our

CONSTITUTIONAL DOCUMENTS 29

SESSIONAL PAPER No. 18

Privy Council for Trade and Foreign Plantations for their Information, yearly and
£very year, a full and particular Account of the State of the Fur and Peltry Trade, The
N.iture and Extent of the several Fisheries carried on by Our Subjects or others, either
on the Coasts Lakes or Rivers of the said Province, the State of the Cultivation,
particularly specifying the Quantity of Grain, Hemp, and Flax produced, and of any
other important Branch of Trade which may in your opinion be undertaken and
advantageously carried on by Our Subjects; the number of Inhabitants, distinguishing
them under different heads, of Men, Women, and Children, inserting in such Account
the number of Persons born, christened, and buried, and any extraordinary Influx or
Emigration from Our said Province, specifying at the same time the number of Slaves,
and the number of Our Subjects capable of bearing Arms in the Militia, The Number
and Tonnage of Sliipping and Craft employed upon the Lakes or Rivers in or contigu-
ous to the Province of Upper Canada, and of the Number and Tonnage of the Shipping
entering inwards or clearing outwards from the Ports of Our Province of Lower
Canada; together with any other Information on these or any other points of the like
nature which may be proper to be communicated to Us.

63. And Whereas for some years past, the Governors of some of Our Plantations
have seized and appropriated to their own use, the produce of Whales of several kinds
taken upon those Coasts, upon pretence that Whales and^ Royal Fishes, which tends
greatly to discourage that Branch of Fishery in Our Plantations, and to prevent Persons
from settling there — It is therefore Our Will and Pleasure that you do not pretend to
any Claim nor give any manner of Discouragement to the Fishery of Our Subjects upon
tlie Coasts of the Province under your Government, but on the contrary that yoi; give
all possible Encouragement thereto.

64. And Whereas you will receive from Our Commissioners for executing the
Office of High Admiral of Great Britain, and of the Plantations, a Commission con-
stituting you Vice Admiral of Our said Province of Lower Canada, you are required
and directed carefully to put in execution the several Powers thereby granted you.

65. And Whereas We are desirous that Our Subjects in the Plantations should
have the same Ease in obtaining the Condemnation of Prizes there as in this Kingdom,
You are to signify Our Will and Pleasure to the Officers of Our Admiralty Court in
Ix»wer Canada, that they do not presume to demand or exact other Fees than what are
taken in this Kingdom, which amount to about Ten Pounds for the Condemnation
of each Prize, according to the List of such Fees.

66. And there having been great Irregularities in the manner of granting Com-
missions in the Plantations to private Ships of War, you are to govern yourself when-
ever there shall be occasion according to the Commissions and Instructions granted in
iliis Kingdom; but you are not to grant Commissions of Marque or Reprizal against
any Prince or State in amity with Us to any Person whatsoever, without Our Special
Cnmmand, and you are to oblige the Commanders of all Ships having private Com-
missions to wear no other Colours than such as are described in an Order in Council
of the 7'^ January 1730, in relation to Colours to be worn by all Ships of War.

67. Whereas Commissions have been granted unto several Persons in Our respec-
tive Plantations in America for trying Pirates in those parts pursuant to the several
Acts for the more effectual Suppression of Piracy; and a Commission will be pre-
pared empowering You as Our Captain General and Governor in Chief of Our
Province of Lower Canada, with others therein mentioned to proceed accordingly in
reference to the said Province; Our Will and Pleasure is, that in all matters relat-
ing to Pirates, you govern yourself according to the Intent of the said Acts.

68. 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

l."And" in the text is an error for "are*

30 CA^'ADIA-N ARCHIVES

3 GEORGE v., A. 1913

more may be necessary to be built for the Defence and Security of the same — You are
from time to time to transmit an Account thereof with relation to Our said Province
of Lower Canada 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 any Public Magazines or in the hands of private Persons,
together with a State of all Places either already fortified or that you may judge
necessary to be fortified for the Security of Our said Province, and you are to transmit
the said Accounts to Us by one of Our Principal vSecretaries of State, and also Dupli-
cates thereof to Our Master General or Principal Officers of Our Ordnance, which
Accounts are to express the particulars of Ordnance Carriages, Balls, Powder, and all
other Sorts of Arms and Ammunition now in Our public Stores, and so from time
to time of what shall be sent to you or bought with the Public money, and to specify
the time of the disposal and the occasion thereof, and other like Accounts half yearly
in the same manner.

69. And in case of Distress of any other of Our Plantations, you shall upon Appli-
cation of the respective Governors thereof to you, assist them with what Aid the Con-
dition and Safety of Our said Province under your Government can spare.

70. 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 said Execiitive
Council, to take order for the present therein, provided nevertheless that what shall
be done be not repugnant to the said Acts passed in the 14'^ and in the present year
of Our Keign, 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 Command3
therein, except it be for the purpose of preventing or repelling Hostilities, or un-
avoidable Emergencies wherein the consent of Our Executive Council shall be had, and
Speedy Notice given thereof to Us by one of Our Principal Secretaries of State.

71. And Wliereas We have by the first Article of these Our Instructions- to you,
directed and appointed that your Chief Eesidence shall be at Quebec; You are never-
theless frequently to visit the other parts of Your Government in order to inspect the
management of all Public 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.

72. And Whereas We are desirous that a proper Provision should be made for the
Support of Our Government within Our said Province of Lower Canada, We do there-
fore hereby declare it to be Our Royal Intention that the following annual Salaries
and Allowances be discharged and paid out of any Revenues arising to Us within the
same, or out of such monies as shall be granted or appropriated to the Uses and
Services of Our said Province of Lower Canada, that is to say:* —

To the Governor Per Annum £2,000

Lieu*. Governor " 1,500

Chief Justice, " 1,200.

6 Judges of Common Pleas — £500 each 3,000

Judge of the Admiralty 200

Attorney General 300

Clerk of the Crown and Pleas 100

Two Sheriffs at £100 each 200

Secretary & Register 400

* A comparison with the list of salaries under the previous establishment, (See Con-
stitutional Documents, 1759-1791, Shortt and Doughty, 1907, p. 566) will reveal very few
chancres, the chief being due to the creation of an Executive Council and the separation of
the Upper Posts from Lower Canada.

CONSTITUTIONAL DOCUMENTS 31

SESSIONAL PAPER No. 18

Clerk of the Council 100

Surveyor of Lands ._ 300

Surveyor of Woods 200

Commissary for Indians 300

Captain of the Port 100

Naval Officer 100

Eeceiver General of the Revenues 400

Mne Executive Councillors at £100 each 900

A Grand Voyer 200

French Secretary 200

Four Ministers of the Protestant Church at £200 per ann™.

each SCO

One Minister of the Church of England settled at Sorel. . 100

One Schoolmaster 100

Allowance to the Person licensed to superintend the

Eomish Church 200

Pensions to the Officers of a Corps of Canadians employed
in the last War and discharged without any Allow-
ance, .as follows, viz*. : —

To M'. Eigauville Commandant of the said Corps 200

Five Captains at £100 each 500

Ten Lieutenants at £50 500

Commandant of the Savages 100

To Annual Contingent Expenses 1,000

73. And Whereas We have made sufficient Provision for the support of Our
Lieutenant Governor of Our said Province of Lower Canada for the time being by the
Allowance inserted in the foregoing Estimate; It is Our Will and Pleasure, when it
shall happen that you shall be absent from Our said Province that no part of the
Salary or any Perquisites and Emoluments which are due unto You shall during
the time of your Absence be claimed by or paid and satisfied to such Lieutenant
Governor: And it is Our further Will and Pleasure, that, if Our Lieutenant Gover-
nor of Our said Province of Lower Canada should happen to die during such Your
Absence, and the administration of the Government thereby, or otherwise devolve
on the President or Eldest Member of Our Executive Council, or on such other
executive Councillor as by virtue of Our commission in that behalf shall be appointed
by you under the Great Seal of Our said Province, to the Administration of the
Government thereof, such President or Councillor shall during his continuing in
the Chief Command, receive the Salary or Allowance hereby provided for Our Lieu-
tenant Governor, and no other Allowance, Perquisite, or Emolument whatever.

74. And Whereas great Prejudice may happen to Our Service, and to the Security
of Our said Province by the Absence of you Our Governor in Chief, or Our Lieu-
tenant Governor for the time being, you shall not upon any pretence whatsoever
come to 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.

75. 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 commissionated or appointed by Us to be Our Lieutenant Governor, the
eldest Executive Covmcillor who shall be at the time of your Death or Absence
residing within Our said Province of Lower Canada, subject to such other Nomina-
tion and appointment by you under the Great Seal of Our said Province as in Our
said Commission is in that behalf mentioned shall take upon him the Administration

33 CANADIAN ARCHIVES

3 GEORGE V,, A. 1913

o'f the Government, and execute Our said Commission and Instructions, and the Several
Powers and Authorities therein contained in the manner therein directed^ — ^It is
nevertheless Our express Will and Pleasure, that in such case the said President shall
forbear to assent to any Acts but what are immediately necessary for the Welfare
of Our said Province without Our particular order for that Purpose, and that he
shall not take upon him to dissolve the Assembly then in being, nor to remove or
suspend any of the Members of Our said Executive Council, nor any Judges,
Justices of the Peace or other Officers Civil or Military without the Advice and
Consent of the majority of the said Executive Council; and the said President is by
the first opportunity to transmit to Us by one of Our Principal Secretaries of State,
the reasons for such Alterations signed by him and Our Council — And Our Will
and Pleasure is, that the above Instructions with respect to such President shall
also be equally observed by and binding upon such other Executive Councillor as
may be nominated and appointed by you under the Great Seal of Our said Province
by virtue of Our said Commission in that behalf.

76. And Whereas by Our different Commissions We have appointed you to be Our
Governor and Commander in chief of Our Province of Upper Canada, Lower Canada,
and of Our Province of Nova Scotia, including the Islands of S^ John and Cape
•Breton, as well as of Our Province of New Brunswick, and it is Our Intention that
the Lieutenant Governors commanding in the said Provinces of*Nova Scotia and
New Brunswick, and Upper Canada should have and enjoy the full Salaries, Per-
quisites, and Emoluments granted to them and arising from the respective Govern-
ments in as full and ample a manner as if the said Governments were under distinct
Governors in Chief; it is therefore Our Will and Pleasure that you shall not at an^
time or times when you shall be resident and commanding in chief in either of Our
said Provinces of Upper Canada, Nova Scotia, and New Brunswick have or receive
any part of the said Salaries, Perquisites or Emoluments, but that the same shall
continue to be paid and satisfied to the Lieutenant Governors of the said Provinces
respectively in like manner as they usually are during your Absence therefrom.

17. And you are upon all occasions to send to Us by one of Our Principal
^Secretaries of State a particular Accoiint of all your Proceedings and of the Condi-
tion of Affairs within Your Government.

Endorsed: Instructions for the Right Honourable

Lord Dorchester, Governor of Lower Canada.

Dated 16th September, 1791.

[L.S.]

1. See pose 12.

CONSTITUTIOyAL DOCUMEXTS 33

SESSIONAL PAPER No. 18

lIs'STEUCTIONS TO LORD DORCHESTER AS GOVERNOR OF UPPER

CANADA.^

[L.S.]

GEORGE R.

3

Instructions to Our Right Trusty and Well beloved Guy Lord Dorches-
ter, Knight of the Most Honorable Order of the Bath, Our Captain
General and Governor in Chief, in and over Our Province of Upper
Canada. Given at Our Court at S^ James's the Sixteenth day of
September 1791, La the Thirty First of Our Reign.

O

d

I''*. With these Our Instructions You will receive Our Commission^ under Our
Great Seal of Great Britain, constituting You Our Captain General and Governor in
Chief in and over Our Provinces of Upper Canada and Lovper Canada bounded as in
Our said Commission is particularly expressed. In the execution therefore of so
much of the Office and Trust We have reposed in You as relates to Our Province of
Upper Canada, You are to take upon you the Administration of the Government of
the said Province, and to do and execute all things belonging to Your Command,
according to the several Powers and Authorities of Our said Commission under Our
Great Seal of Great Britain, and of the Act passed in the present Year of Our
Reign therein recited, and of these Our Instructions to you and according to such
further Powers and Instructions as you shall at any time hereafter receive under
Our Signet and Sign Manual, or by Our Order in Our Privy Council.

2. And You are, with all due Solemnity, before the Members of Our Executive
Council, to cause Our said Commission to be read and published, which being done,
You shall then take, and also administer to each of the Members of Our said Executive
Council, the Oaths mientioned in an Act passed in the first Year of His late Majesty
King George the First, intituled, " An Act for the further Security of His Majesty's
" Person, and Government, and the Succession of the Crown in the Heirs of the late
" Princess Sophia, being Protestants and for extinguishing the hopes of the pretended
"Prince of Wales, and his open and secret Abettors;" as altered and explained by
an Act passed in the Sixth Year of Our Reign, intituled, " An Act for altering the
" Oath of Abjuration and the Assurance, and for amending so much of an Act of
'* the Seventh Year of Her late Majesty Queen Anne, intituled " An Act for the
" Improvement of the Union of the two Kingdoms, as after the time therein limited
'■' requires the delivery of certain Lists therein mentioned to Persons indicted for
"High Treason or Misprision of Treason;" and also make and subscribe and cause
the Members of the said Executive Council to make and subscribe the Declaration
mentioned in an Act of Parliament made in the Twenty fifth Year of the Reign of
King Charles the Second, intituled, " An Act for preventing the Dangers which may
" happen from Popish Recusants," and You and every of them are likewise to take
an Oath for the due execution of Your and Their Places and Trusts, with regard to
your and their equal and impartial administration of Justice, and You are also to
take the Oath required by an Act passed in the Seventh and Eighth Years of the

1. From the copy in the Canadian Archives, M. 232, p. 1.

These Instructions are very similar to tlie Instructions for Lowor Canada. They
have likewise been printed in the Report of the Canadian Archives for 1905, Vol. ]. In order
to avoid confusion in future references to them they are here printed in full.

2. See pagfe 5.
IS— 3

34 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

Reign of King William the Third, to be taken by Governors of Plantations, to do
their utmost that the Laws relating to the Plantations be duly observed.

3. You shall also administer or cause to be administered the Oaths appointed in
the aforesaid recited Acts to all Persons, except as hereafter mentioned, that shall be
appointed to hold or exercise any Office, Place of Trust or Profit, in Our said Prov-
ince, previous to their entering on the execution of the Duties of such Office, and
you shall also cause them to make and subscribe the Declaration mentioned in the
aforesaid Act of the Twenty fifth year of the Reign of King Charles the Second.
But in cases where any such Office, Place of Trust, or Profit within Our said Province
of Upper Canada shall be conferred on any of Our Subjects who may profess the
Religion of the Church of Rome, You shall, as often as any such Person shall or may
be admitted into any such Office, Place of Trust or Profit, administer, or cause to be
administered to him, the Oath prescribed in and by an Act of Parliament passed in
the 14"^ year of Our Reign, intituled, " An Act for making more effectual provision
"for the Province of Quebec, in North America;" and also the usual Oath for the
execution of such Office, Place of Trust or Profit, in lieu of all other Tests and Oaths
whatsoever.

4. Whereas We have thought fit that there should be an Executive Council for
assisting you, or Our Lieutenant Governor, or Person administering the Government
of Our said Province of Upper Canada for the time being, We do hereby by these
Presents, nominate and appoint the undermentioned Persons to be of the Executive
Council of Our said Province, viz*. William Osgoode,^ William Robertson,^ Alex-
ander Grant,^ and Peter Russell* Esquires. And Wliereas by an Ordinance® passed
in the Province of Quebec, the Governor and Council of the said Province were con-
stituted a Court of Civil Jurisdiction for hearing and determining Appeals in cer-
tain Cases therein specified; And whereas by an Act passed in the present Year of
Our Reign, it is declared that the Governor, Lieutenant Governor, or Person admin-
istering the Government of the said Province, together with such Executive Council
shall be a Court of Civil Jurisdiction, within Our said Province for hearing and

1. William Osgoode was born in England in 1754. He was called to the bar in 1779 and
on the division of the Province of Quebec was selected as the first Chief Justice of the new
Province of Upper Canada. At the same time he was made a member of the Executive and
Legislative Councils and was snbserjuently appointed first speaker of the Legislative Council.
In "l 794 he succeeded to the position of Chief .Justice of Lower Canada rendered vacant by the
death of William Smith. As a member of the Executive Council of Lower Canada he came
into conflict with Lord Dorchester, Prescott and Milnes and as a result his resignation was
submitted to the Duke of Portland in 1800. He returned to Britain in the summer of 1801
though his resignation did not take effect until May of the following year. He died February
17, 1824.

2. Concerning: Robertson, Simcoe, writing to Dundas, August 12, 1791, says "He is now
iu London, I have some slight acquaintance with him, and he seems to be a person of very
o-ood. maun rs and g od sense. He is a merchnnt and was adverse to the opposition which
the merchants made to the Division of the Provinces. He resides at Detroit." Q. 278, \).
298. In November. 1792 Simcoe reports having received Robertson's resignation from both
the Executive and Legislative Councils. Q 279, p. 8.

3. Alexander Grant was descended from a prominent family of Invernesshire, Scotland.
He was born in 1725 and in his early years served in both the army and navy. In 1759 he
was with Amherst in the movements about Lake Champlain and was later transferred to the
command of the fleet on the Lakes between Niagara and Mackinaw. He held this position at
the time of the creation of the Province of Upper Canada. On the death of Lieutenant-
Governor Hunter in Aiigust, 1805, Grant became President of the Council and administered
the government of the Province until the arrival of Lieutenant-Governor Gore in August,
1806. He died in 1813.

4. Peter Russell, of the family of Russell of Bedford, was born in Cork, Ireland, and
educated at Cambridge. He entered the army and in 1778 was given a Commission as Captain
in the Gtth Regiment of Infantry. He served in the expedition against Savannah and
Charleston in 1779-1780. When the civil establishment of the new province of Upper Canada
was being formed he was very highly recommended by Simcoe and was appointed to the
Executive and Legislative Councils. Later he was made Receiver General of the Province.
On Simcoe's retirement in 1796 he administered the government of the Province as President
of the Council. He died September 30. 1808.

5 See Constituiional Docnmeni<;, 1739-1791, Shortt and Doughty, 1907, p. 464.

CONSTITUTIONAL DOCUMENTS 35

SESSIONAL PAPER No. 18

determining Appeals within the same, in the like cases, and in the like manner and
form, and subject to such Appeal thei'efrom, as such Appeals might have been before
the passing of the above recited Act, heard and determined by the Governor and
Council of Quebec.^ In order therefore to carry) the said Act into 'executioii, Our
Will and Pleasure is, that you do in all Civil Causes, on application being made to
you, for that purpose, permit and allow Appeals from any of the Courts of Common
Law in Our said Province, unto you and the Executive Council of the said Province
of Upper Canada, in manner prescri1)ed by the abovementioned Act, and you are for
that purpose to issue a Writ, as nearly in the accustomed manner before the passing
of the abovementioned Act, in respect of such Appeals, as the Case will admit, return-
able before yourself and the Executive Council of the said Province, who are to pro-
ceed to hear and determine such Appeal, wherein such of the said Executive Council,
as shall be at that time, Judges of the Court from whence such Appeal shall be made
to you Our Captain General and to Our said Executive Council as aforesaid, shall
not be admitted to vote upon the said Appeal, but they may nevertheless be present
at the hearing thereof, to give the reasons of the Judgement given by them, in the
Causes wherein such Appeal shall be made, provided nevertheless, that in all such
Appeals, the Sum or Value appealed for, do exceed the Sum of Three hundred Pounds
Sterling, and that Security be first duly given by the Appellant to answer such Charges,
as shall be awarded in ease the first Sentence be affirmed, and if either Party shall
not rest satisfied with the Judgement of you and such Executive Council as aforesaid,
OxiT Will and Pleasure is, that they may then Appeal unto Us, in Our Privy Council
provided the Sum of Value so appealed for unto Us, do exceed Eive Hundred Pounds
Sterling, and that such Appeal be made within Fourteen days after Sentence and
good Security be given by the Appellant, that he will effectually prosecute the same
and answer the Condemnation, as also pay such Costs and Damages as shall be
awarded by Us, in case the Sentence of You and the Executive Council be aflfirmed;
Provided nevertheless, where the matter in question relates to the taking, or demand-
ing any Duty payable to Us, or to any Fee of Office, or Annual Eents, or other such
like matters or thing wliere the Eights in future may be bound, in all such Cases you
and the said Executive Council are to admit an Appeal to Us in Our Privy Council,
though the immediate Sum or Value appealed for be of a less value; and it is Our
further Will and Pleasure, that in all cases, where by your Instructions, you are to
admit Appeals unto Us in Our Privy Council, execution shall be suspended until the
final determination of -such Appeal, unless good and sufficient Security be given by
the Appellee, to make ample restitution of all that the Appellant shall have lost by
riieans of such Decree or Judgement, in case upon the determination of such Appeal,
such Decree or Judgement should bo reversed and restitution ordered to the Appellant.
You and Our Executive Council are also to permit Appeals unto Us, in Our Privy
Council, in all Cases of Fines imposed for Misdemeanors, provided the Fines so
imposed amount to, or exceed the Sum of One Hundred Pounds Sterling, the Appel-
lant first giving good Security, that he will effectually prosecute the same, and
answer the Condemnation, if the Sentence, by which such Fine was imposed in Your
Government shall be confirmed.

5. And that We may be always informed of the Names and Characters of Per-
sons fit to supply the Vacancies, which may happen in Our said Execvitive Council,
You are in case of any Vacancy in tlu; said Council, to transmit to Us, by one of
Our principal Secretaries of State, the Names and Characters of such three Persons,
Inhabitants of Our said Province of Upper Canada, whom you shall esteem the best
qualified for fulfilling the Tnrst of such Executive Councillor.

6. And in the choice and selection of such Persons proposed to fill such Vacancy
in Our said Executive Council, as also of the Chief Officers, Judges. Assistants,

1. See Article XXXIV of the Constitutional Act.

36 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

Justices of the Peace, and other Officers of Justice, you are always to take care that
they may be Men of good Life, well affected to Our Government, and of Abilities
suitable to their Employments.

7. And whereas We are sensible that effectual Care ought to be taken to oblige
the Members of Our Executive Council to a due attendance, It is Our Will and Plea-
sure, in order to prevent the many inconveniences, which may happen for want of a
Quorum of the Council to transact Business as occasion may require, that if any of
the Members of Our said Executive Council, residing in Our said Province shall
hereafter wilfully absent themselves from the Province and continue absent above
the space of Six Months together without leave from you first obtained under Your
h.riid and Seal, or thall remain absent for the Space of One year v?ithout Our Leave
given them, under Our Eoyal Signature, their Places in the said Executive Council
shall immediately thereupon become void. And We do hereby will and require you,
that this Our Royal Pleasure be signified to the several Members of Our said Execu-
tive Council, and that it be entered in the Council Books of the said Province as a
standing Rule.

8. And to the end that Our said Executive Council may be assisting to You in
all Affairs relating to Our Service, You are to communicate to them, such and so
many of these Our Listructions, wherein their Advice is mentioned to be requisite;
and likewise all such others from time to time, as you shall find convenient for Our
Service to be imparted to them.

9. You are also to permit the Members of Our said Executive Council to have
and enjoy Ereedom of Debate and Vote in all Affairs of Public concern, which may
be debated in the said Executive Council.

10. And whereas We have thought fit to declare by Our Order in Council bear-
ing date, the 24*'^ day of August last,^ that the Division of Our Province of Quebec

shall commence on the day of December next, and that from thenceforth the

Lands and Territories therein described, shall be two separate Provinces, and be
called the Province of Upper Canada, and the Province of Lower Canada; You are
as soon as may be after such division shall take place to summon, by an Instrument
under the Great Seal of Our Province of Upper Canada, to the Legislative Council
of that Province, the following Persons, whom We hereby authorize and direct You,
to to summon to Our said Legislative Council of Upper Canada, viz*. William
Osgoode, Richard Duncan, William Robertson, Robert Hamilton, Richard Cartwright
Junior, John Munro, Alexander Grant and Peter Russell Esquires.

11. And whereas by the aforesaid recited Act passed in the present year of Our
Reign, it is provided that the Seats of the Members of Our Legislative Council shall
become vacant in certain Cases mentioned in the said Act,- It is Our Will and Plea-
sure, that if any Member of Our said Legislative Council shall at any time leave Our
said Province and reside out of the same. You shall report the same to Us, by the
lirst opportunity, through One of Our Principal Secretaries of State; And you are
also in like manner to report whether such Member of the said Council is absent by
your permission, or by the permission of Our Lieutenant Governor, or Commander
in Chief of the said Province for the time being; And you are also in like manner
to report if it shall come to your knowledge, that any such Member shall at any time,
take, or have taken any Oath of Allegiance, or Obedience to any Foreign Prince or
Power, or shall be attainted for Treason, in any Court of Law within any of Our
Dominions, that We may take measures thereupon, as We shalf think fit : And you
are to take especial Care, that the several Provisions of the said Act, respecting the
Bcveral Cases in which Persons may, or may not be entitled to receive Writs of Sum-

1. See page 3.

oee page 3.

Seo Article ^III of the Constitutional Act.

CONSTITUTIOyAL DOCVMEXTS 37

SESSIONAL PAPER No. 18

nions to the said Legislative Council, or to hold their Places therein, shall be duly
executed.

12. And for the execution of so much of the Powers vested in you, by Our said
Commission, and by Virtue of the said Act, as relates to the declaring that you assent
in Our Name to Bills passed by the Legislative Council and House of Assembly, or
that you withhold Our Assent therefrom, or that you reserve such Bills for the signi-
fication of Our Royal Pleasure thereon, It is Our Will and Pleasure, that you do
carefully observe the following Eules, Directions and Instructions, viz*^

That the Style of enacting all the said Laws, Statutes and Ordinances shall be by
Us, Our Heirs or Successors by and with the Advice and Consent of the Legislative
Council and Assembly of Our Province of Upper Canada constituted and assembled
by Virtue of and under the Authority of an Act passed in the Parliament of Great
Britain, intituled, " An Act to repeal certain parts of an Act passed in the Fourteenth
'• year of His Majesty's Eeign, intituled, " An Act for making more effectual Provi-
" sion for the Government of the Province of Quebec in North America;" and to
'' make further provision for the Government of the said Province ;" and that no Bill
in any other form shall be assented to by you, in Our Name.

That each different matter be provided for by a different Law, without includ-
ing in one and the same Act such things as have no proper relation to each other.

That no Clause be inserted in any Act or Ordinance which shall be foreign to
what the Title of it imports, and that no perpetual Clause be part of any temporary
Law.

That no Law or Ordinance whatever be suspended, altered, continued, revived or
repealed by general Words, but that the Title and Date of such Law or Ordinance be
particularly mentioned in the enacting Part.

That in case any Law or Ordiiiance respecting private property shall be passed
without a saving of the Right of Us, Our Heirs and Successors and of all Persons,
or Bodies Politic or Corporate, except such as are mentioned in the said Law or
Ordinance, Yq^ shall declare that you withhold Our Assent from the same; and if
any such Law or Ordinance, shall be passed without such saving. You shall in every
such case declare that You reserve the same for the signification of Our Royal Plea-
sure thereon.

That in all Laws, or Ordinances for levying Money, or imposing Pines, Forfei-
tures, or Penalties, express mention be made, that the same is granted or reserved
to Us, Our Heirs and Successors for the Public Uses of the said Province, and the
support of the Government thereof, as by the said Law shall be directed, and that a
Clause be inserted, declaring that the due application of such Money, pursuant to the
directions of such Law, shall be accounted for unto Us through our Commissioners
of Our Treasury for the time being in such manner and form as We shall direct.

13. And Whereas We have by Our said Commission given You full Power and
Authority subject as therein is specified, and to these Our Instructions in that behalf,
to issue Writs of Summons and Election, and to call together the Legislative Council
and Assembly of Our said Province of Upper Canada; and for the purpose of elect-
ing the Members of the Assembly of Our said Province of Upper Canada, have also
given you full Power and Authority to issue a Proclamation dividing Our said Prov-
ince of Upper Canada into Districts or Counties, or Circles and Towns, or Town-
ships, and declaring and appointing the number of Representatives to be chosen by
each of such Districts or Counties, or Circles and Towns or Townships; now. Our
Will and Pleasure is, that you shall issue such Proclamation, as soon as may be,
allowing nevertheless a reasonable time between the issuing thereof, and the time of
issuing the Writs of Summons and Election above mentioned.^

1. For the Proclamation, see page 77.

38 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

14. That all Laws assented to by You in Our Name, or reserved for the signifi-
cation of Ovir Pleasure thereon, shall when transmitted by You, be fairly abstracted
in the Margins and accompanied with very full and particular Observations upon
each of them, that is to say, whether the same is introductory to a new Law, declar-
atory of a former Law, or does repeal a Law then before in being; And You are
also to transmit in the fullest manner, the Reasons and Occasion for proposing such
Laws, together with fair Copies of the Journals and Minutes of the Proceedings of
the said Legislative Council and Assembly, which you are to require from the Clerk-i,
or other proper Officers in that behalf, of the said Legislative Council and Assembly.

15. And whereas in the said Act, it is provided that in certain cases. Acts
passed by the Legislative Council and Assembly of the Province, shall previous to
any signification of Our Assent thereto, be laid before both Hovises of Our Parlia-
ment of Gireat Britain;^ And whereas it is also provided in the said Act, that in
certain cases, Provision may be made by Acts of the Legislative Council and
Assembly of the Province, assented to by Us, Our Heirs, or Successors, (thereby
reserving the power of giving such Assent to Us, Our Heirs or Successors only) You
are to take especial care that in every such Case, You are to declare that You reserve
such Bills for the signification of Our Pleasure thereon; And you will likewise
reserve for such signification every other Bill, which you shall consider to be of an
cxtraordinai'y or unvisual N'ature, or requiring Our special consideration and decision
thereupon, particularly such as may affect the property, credit or dealings of such of
Our Subjects as are not usually resident within the said Province or whereby Duties
shall be laid upon British or Irish Shipping or upon the product or Manufactures of
Great Britain or Ireland.

16. And whereas Laws have formerly been enacted in several of our Plantations
in America, for so short a time, that Our Eoyal Assent or Refusal thereof could not
be had before the time for which such Laws were enacted did expire, you shall not
assent in Our Name to any Law that shall be enacted for a less time than Two years,
except in Cases of imminent necessity, or immediate temporary expediency; and
you shall not declare Our Assent to any Law containing Provisions which shall have
been disallowed by Us, without express leave for that purpose first obtained from Us,
upon a full representation by you to be made to Us thro' one of Our Principal Secre-
taries of State, of the reasons and necessity for passing such Law.

17. Whereas We have thought fit by Our Orders in our Privy Council to disallow
certain Laws passed in some of our Colonies and Plantations in America for con-
firming" the privileges of Naturalization on Persons being Aliens & for divorcing
Persons who have been legally joined together in Holy Marriage, And whereas Acts
have been passed in othei's of Our said Colonies to enable Persons who are our liege
Subjects by Birth or Naturalization to hold and Inherit Lands Tenements & Real
Estates, altho' such Lands, Tenements & Real Estates had been originally granted to,
or purchased by Aliens antecedent to Naturalization. It is Our Will and Pleasure,
that you do not upon any pretence whatsoever give your Assent to any Bill or Bills
that may hereafter be passed by the Legislative Council and Assembly of the Prov-
ince under your Government for the Naturalization of Aliens, nor for the divorce of
Persons joined together in Holy Marriage, nor for establishing a Title in any Persons,
to Lands Tenements and Real Estates in our said Province originally granted to,
or purchased by Aliens antecedent to Naturalization.

18. You are to give Warrants under your hand, for the issuing of Public Monies
for all public Services, and We do particularly require you to take care that regular
Accounts of all Receipts and Payments of Public Monies be duly kept, that the same

1. Article XLII of the Constitutional Act provided for the reservation of all acts touch-
ing the religious establishment of the province. (See Constiiutional Documents, 1759-1791,
Shortt and Douohty, 1907, page 705.)

2. A marginal note suggests the reading "conferring."

CONSTITUTIONAL DOCUMENTS 39

SESSIONAL PAPER No. 18

from time to time be audited by our executive Council, and that Copies thereof
attested by you be transmitted every half year or oftener if there should be occasion
to our Commissioners of Our Treasury, or to our High Treasurer for the time being,
and Duplicates thereof by the next conveyance, in which Accounts shall be specified
every particular Sum raised or disposed of, to the end that We may take such
Measures as We may deem necessary for the examination of the said Accounts, and
that We may be satisfied of the right and due application of the Kevenues of our
said Province of Upper Canada, and with the probability of the increase or diminu-
tion of it under every head and article thereof.

19. Whereas by an Act of Our Parliament of Great Britain passed in the fouith
year of our Reign intituled " An Act to prevent Paper Bills of Credit, hereafter to
" be issued in any of His Majesty's Colonies or Plantations in America, from being
'' declared to be a legal tender in Payments of Money, & to prevent the legal Tender
*' of such Bills as are now subsisting, from being prolonged beyond the periods
^' limited for calling in and sinking the same " it is Enacted that no Paper Bill or
Bills of Credit should be created or issued by any Act, Order Resolution or Vote of
Assembly in any of Our Colonies or Plantations in America to be a legal tender in
payment, and that any such Act, Order, Resolution or Vote for creating or issuing
such Paper Bill or Bills of Credit, or for prolonging the legal tender of any such
then subsisting and current in any of the said Colonies or Plantations, should be
null and Void. And Whereas by another Act of Our said Parliament, passed in the
thirteenth year of our Reign intituled " An Act to explain and amend the above
" recited Act passed in the fourth year of Our Reign as aforesaid " it is enacted that
any Certificates, Notes Bills or Debentures, which shall or may be voluntarily
accepted by the Creditors of the Public within any of the Colonies in America as a
Security for the Payment of what is due and owing to the said Public Creditors
may be made and enacted by the general Assemblies of the said Colonies respectively
to be a tender to the Public Treasurers in the said Colonies for the discharge of any
duties. Taxes- or other Debts whatever due to & payable at or in the said Public
Treasuries of the said Colonies, in virtue of Laws passed within the same, and in no
other case whatsoever; It is Our Will and Pleasure, that you do in all things con-
form yourself to the provisions of the said Recited Acts, both with respect to the not
assenting to any Bills which may be presented to you for the purpose of issuing or
creating Paper Bills or Bills of Credit, to be a legal tender in payment, & the assent-
ing to any Bills by which Certificates, Notes or Debentures, which may be volun-
tarily accepted in payment, by the public Cl-editors shall be made a legal Tender to
the Treasury for Taxes duties & other Payments to the public Treasury.

20. You shall not remit any Fines or forfeitures whatsoever above the Sum of
Ten pounds, nor dispose of any Forfeitures whatsoever, until upon signifying unto
the Commissioners of our Treasury, or our High Treasurer for the time being, the
nature of the Offence and the occasion of such Fines and Forfeitures with the par-
ticular Sums or value thereof (which you are to do with all speed) you shall have
received our Directions thereon. And you may in the mean time suspend the pay-
ment of the said Fines & forfeitures.

21. And you are on every occasion to transmit to Us thro' one of our Principal
Secretaries of State with all convenient speed, a particular Account of all new Estab-
lishments of Jurisdictions, Courts, Offices & Officers, Powers and Authorities, Fees
& privileges granted and settled within Our said Province of Upper Canada, as like-
wise an account of all the Expenses (if any) attending the Establishment of the said
Courts and Offices.

22. It is our further Will and Pleasure that all Commissions be granted by you
to any Person or Persons, to be Judge, Justice of the Peace, or other necessary
Offices be granted during Pleasure only.

40 CAyADIAN ARCHirES

3 GEORGE v., A. 1913

23. You are not to suspend any of the Members of Our said executive Council,
or to suspend or displace any of the Judges, Justices, Sheriffs, or other Officers, or
Ministers within our said Province of Upper Canada, without good & sufficient cause,
and in ease of such Suspension or Removal you are forthwith to transmit your
reasons for the same to one of our Principal Secretaries of State.

24. And whereas frequent Complaints have been made of great delays and undue
proceedings in the Courts of Justice in several of our Plantations whereby many of
Our good Subjects have very much suffered, and it being of the greatest importance
to Our Service and to the Welfare of our Plantations that Justice be everywhere
speedily & duly administered, and that all disorders, delays & other undue practices
in the administration thereof be effectually prevented, "We do particularly require
you to take especial Care that in all Courts where you are authorized to preside,
Justice be impartially administered, and that in all other Courts established within
Our said Province, all Judges and other Persons therein concerned do likewise per-
form their several Duties without delay or partiality.

25. You are to take care that no Court of Judicature be adjourned but upon
good grounds, as also that no Orders of any Court of Judicature be entered or
allowed which shall not be first read and approved of by the Justices in open Court,
which Rule you are in like manner to see observed with relation to all proceedings of
Our Executive Council of Upper Canada, and that all Orders there made be first
read and approved in such Council before they are entered upon the Council Books.

26. You are to take care that all Writs within Our said Province of Upper
Canada be issued in Our Name.

27. You shall take care with the Advice & Assistance of our executive Council
that such Prisons as may at any time be necessary, be erected, and that the same or
any other already erected be kept in such a Condition as may effectually secure the
Prisoners which now are or may hereafter be confined therein.

28. You shall not suffer any Person to execute more Offices than one by Deputy.

29. You shall not by colour of any Power, or Authority hereby or otherwise
granted or mentioned to be granted unto you, take upon you to give, grant, or dis-
pose of any Place or Office within Our said Province, which now is, or shall be
granted under the great Seal of this Kingdom, or to which any Person is or shall be
appointed by Warrant under Our Signet and Sign Manual, any further than that
yoii may, upon the vacancy of any such Office or Place, or upon the suspension of
any such Officer by you as aforesaid, put in any fit Person to officiate in the interval,
'till you shall have represented the matter unto Us, through one of our Principal
Secretaries of State which you are to do by the first opportunity, and till the said
Office or place is disposed of by Us Our Heirs or Successors under the Great Seal
of this Kingdom, or until some person shall be appointed thereunto under Our Signet
and Sign Manual or until Our further directions be given therein; and it is Our
express Will and Pleasure, that you do give reasonable support unto the Patent
Officers in the enjoyment of their legal and established Fees, Eights, Privileges &
Emoluments, according to the true intent arid meaning of their respective Patents.

30. And Whereas several complaints have been made by the Officers of Our Cus-
toms in Our Plantations in America, that they have frequently been obliged to serve
on Juries, and personally to appear in Arms, whenever the Militia is drawn out, and
thereby are much hindred in the execution of their employments, Our Will and
Pleasure is that you take effectual care, and give the necessary directions that the
fv-veral officers of our Customs be excused and exempted from serving on any Jurie?.
or i)ersonally appearing in Arms in the Militia, unless in Cases of absolute necessity,
or serving any Parochial Offices which may hinder them in the Execution of their
Duties.

31. And Whereas nothing can more effectually tend to the speedj' settling of our
enid Province of Upper Canada, tiio Srcurity of tlie Property of Our Su1\iecl= and

COXSTITUriONAL DOCUMENTS 41

SESSIONAL PAPER No. 18

the advancement of our Revenue, tlian the disposal of such Lands as' are our Pro-
perty upon reasonable terms, and the establishing of a Regular and proper method
of proceeding with respect to the passing of Grants of such Lands, It is therefore
Our Will and Pleasure that all and every Person and Persons who shall apply for any
Grant or Grants of Land, shall, previous to their obtaining the same, make it appear
that they are in a condition to cultivate and improve the same, and in case you shall
upon a consideration of the circumstances of the Person or Persons applying for such
Grants, think it advisable to pass the same, you are in such Case, to cause a Warrant
to be drawn up, directed to the Surveyor General, or other Officers, impowering him
or them to make a faithful and exact Survey of the Lands so petitioned for and to
return the said Warrant within six Months at farthest from the date thereof, with a
Plot or Description of the Lands so surveyed thereunto annexed, and when the War-
rant shall be so returned by the said Surveyor, or other proper Officer, the Grant shall
be made out in due form, and the Terms and Conditions required by these Our Listruc-
tions be particularly and expressly mentioned therein. And it is Our Will and
Pleasure, that the said Grants shall be registered within Six Months from the date
thereof in the Register's Office, and a Docket thereof be also entered in Our Auditors
Office, Copies of all which Entries shall be returned regularly by the proper Officer,
to Our Commissioners of our Treasury.

32. And for the further encouragement of our Subjects, It is our Will and
Pleasure that the Lands to be granted by you as aforesaid shall be laid out in Town-
ships, and that each Inland Township shall as nearly as circumstances shall admit
consist of Ten Miles Square and such as shall be situated upon a Navigable River or
Water shall have a front of Nine Miles, and be twelve Miles in depth, and shall be
subdivided in such manner as may be found most advisable for the Accommodation
of the Settlers and for making the several reservations for Public Uses and particu-
larly* for the support of the Protestant Clergy agreeably to the above recited Act
passed in the present year of Our Reign.^

33. And Wliereas great inconveniences have heretofore arisen in many of the
Colonies in America from the granting excessive quantities of Land to particular
Persons who have never cultivated or settled the same & have thereby prevented
ethers more industrious from improving such' Lands; In order therefore to prevent the
like inconveniences in the future it is Our Will and Pleasure that j'ou observe the fol-
lowing directions and Regulations in all Grants to be made by you as aforesaid viz* :

That no Town Lot shall be granted to any one Person being Master or Mistress
of a Family in any Township to be laid out as aforesaid which shall contain more
than One Acre of Land.

That no Park Lot shall be granted to any one Person being Master or Mistress
of a Family in any Township so to be laid out which shall contain more than Twenty
four Acres.

That no Farm Lot shall be granted to any one Person being Master or Mistress
of a Family in any Township so to be laid out which shall contain more than 200
Acres.

It is Our Will and Pleasure, and you are hereby allowed and permitted to grant
unto every such Person or Persons such further quantity of Land as they" may
desire, not exceeding one thousand Acres over and above what may have heretofore
been granted to them, and in all grants of Land to be made by you as aforesaid you are
to take care that due regard be had to the quality and comparative value of the dif-
ferent parts of Land comprized within any Township so that each Grantee may havr-
as nearly as may be a proportionable quantity of Lands of such different quality and
comparative value, as likewise that the breadth of each Tract of Land to be hereafter
granted be one third of the length of such Tract, and that the length of such Tract

1. See Article XXXVI of the Constitutional Act.

42 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

do not extend along the Banks of any River, but into the main Land, that thereby
the said Grantees may have each a convenient share of what accommodation the said
River may afford for Navigation or otherwise.

34. And as a further encouragement to Our Subjects who shall become Settlers
as aforesaid, It is Our Will and Pleasure that the said Townships & the respective
allotments within the same together with the Lands to be reserved as aforesaid shall
he run and laid out by Our Surveyor General of Lands for the said Province, or some
skilful Person authorized by him for that purpose, which Surveys together with the
Warrants & Grants for the respective Allotments shall be made out for and delivered
to the several Grantees free of any Expense or fees whatsoever, other than such as
may be payable to the different Officers according to the Table of Fees to be estab-
lished upon Grants of Land made in the said Province.

35. And in order to prevent any Persons disaffected to L^s and Our Government
from becoming Settlers in Our said Province of Upper Canada. It is Our Will and
Pleasure that no Warrants for Surveying Lands be granted by you, or the Lieuten-
ant Governor or Person administering the Government for the time being unless the
Person or Persons applying for the same do at the time of making such application
besides taking the usual Oaths directed by Law also make and subscribe the follow-
ing Declaration in your or his presence, or in the presence of such Person or Persons
as shall by you or him be apix)inted for that purpose. — viz : " I : A. B. do promise and
" declare that I will maintain and defend to the utmost of my power the Authority
" of the King in His Parliament as the Supreme Legislature of this Province."

36. Whereas the reserving such Bodies of Land within Our Province of Upper
Canada where there are considerable Growths of Timber fit for the use of Our Royal
Navy, is a matter of the utmost importance to Our Service. It is Our Will and
Pleasure that no Grants whatever be made of Lands within any district or Tract in
Our said Province of Upper Canada until Our Surveyor General of Woods or his
Deputy lawfully appointed shall have Surveyed the same and marked out as reserva-
tions to Us, Our Heirs & Successors such Parts thereof as shall be found to contain
any considerable Growth of Masting or other Timber fit for the use of Our Royal
Navy, and more especially upon the Rivers. And you are hereby instructed to direct
Our Surveyor General of Lands in Our said Province from time to time with all
due diligence to compleat the Surveys and mark out the Reservations as aforesaid
in the most convenient parts of Our said Province, and you are from time to time
to report the number, extent & Situation of such Reservations, and you are further
to direct Our Surveyor General not to certify any Plotts of Land ordered and Sur-
veyed for any Person or Persons whatever in order that Grants may be made out for
the same, until it shall appear to him by a Certificate, under the hand of our said
Surveyor of Woods or his Deputy, that the Land so to be granted is not part of, or
included in any district marked out as a Reservation for Us Our Heirs and Succes-
sors as aforesaid for the purpose herein before mentioned, and in order to prevent
any deceit or fraud from being committed by the Persons applying for Lands in this
respect. It is Our Will and Pleasure that in all Grants to be hereafter made for
Lands within Our said Province of Upper Canada the following proviso and Excep-
tion be inserted viz* " and provided also that no part of this Parcel or Tract of

"Land hereby granted to the said and his Heirs be within any reservation

" heretofore made and marked for Us, Our Heirs and Successors by Our Surveyor
" General of Woods, or his lawful Deputy in which case this Our Grant for such part

" of the Land hereby given and granted to the said. and his Heirs for ever

*■ as aforesaid and which shall upon a Survey thereof being made, be found within
" any such Reservation shall be null and void and of none effect, any thing herein
contained to the contrary notwithstanding.

37. And Whereas it is necessary that all Persons who may be desirous of settling
in Our said Province should be fully informed of the Terms and Conditions upo»

1

CONSTITUTIONAL DOCUMENTS 43

SESSIONAL PAPER No. 18

which Lands will be grauted within Our said Province of Upper Canada in manner
pi*e3cribed in and by the said Act passed in the present year of our Reign, you are
therefore as soon as possible to cause a Publication to be made by Proclamation or
otherwise as you in Your discretion shall think most adviseable of the said Terms
and Conditions resiiecting the granting of Lands in which Proclamation it may be
expedient to add some short description of the natural advantages of the Soil and
Climate and its peculiar conveniences for Trade and Navigation/

38. And it is Our further "Will and Pleasure that all the foregoing Instructions
to you as well as any which you may hereafter receive relative to the passing Grants
of Land in conformity to the said Act passed in the present year of Our Reign, be
entered upon record, for the Information and Satisfaction of all Parties whatever
that may be concerned thei-ein.

39. And Whereas it hath been represented unto Us, that many parts of the Pro-
vince under Your Government are particularly adapted to the gi'owth and culture of
Hemp and Flax, It is therefore Our Will and Pleasure that in all Surveys for Settle-
ment the Surveyor be directed to report whether tliere are any or what quantity of
Lands, contained within such Survey fit for the Production of Hemp and Flax.

40. And Whereas it hath been represented to Us, that several Parts of Our Pro-
vince of Upper Canada have been found to abound with Coals, It is Our Will and
Pleasure that in all Grants of Land to he made by you, a Clause be inserted reserv-
ing to Us, Our Heirs and Successors all Coals, and also all Mines of Gold, Silver,
Copper, Tin, Iron and Lead which shall be discovered upon such Lands."^

41. You shall cause a Survey to be made of all the considerable Landing Places
and Harbours in Our said Province, in case the same shall not have already been
done, and report to Us by One of Our Principal Secretaries of State, how far any
Fortifications be necessary for the Security and Advantage of the said Province,

42. Whereas the Establishment of proper Regulations in Matters of Ecclesiasti-
cal Concern is an object of very great Importance, it will be your indispensible Duty
to take Care that no arrangements in regard thereto be made, but such as may give
full Satisfaction to Our New Subjects in eveiy Point in which they have a right to
any Indulgence on that Head, always remembering that it is a Toleration of the free
Exercise of the Religion of the Church of Rome only, to which they are entitled,
but not to the Powers and Privileges of it as an established Church, that being a
Preference which belongs only to the Protestant Church of England.

43. Upon these Principles therefore and to the end that Our just Supremacy in
all matters Ecclesiastical as well as Civil may have its due Scope and Influence, It is
Our Will and Pleasure

First. That all Appeals to, or Correspondence with any Foreign Ecclesiastical
Jurisdiction of what nature or kind soever, be absolutely forbidden under vei-y severe
Penalties.

Secondly. That no Episcopal or Vicarial Powers be exercised within Our said
Province by any Person professing the Religion of the Church of Rome, but such only
as are essentially and indispensibly necessary to the free Exercise of the Romish
Religion and in those Cases not without a License and Permission from you under
the Seal of Our said Province for and during Our Will and Pleasure, and under such
other Limitations and Restrictions as may correspond with the Spirit and Provisions
of the Act of Parliament of the 14^^^ year of Our ReigTi " for making more effectual
"Provision for the Government of the Province of Quebec," and no Person whatever
19 to have Holy Orders conferred upon him or to have the Cure of Souls without a
Licence for that purpose first had and obtained from you.

Thirdly. That no Person professing the Religion of the Church of Rome be
allowed to fill any Ecclesiastical Benefice, or to have or enjoy any of the Rights or

1. For the Proclamation, see page 60, note 1.

2. In 1797, this clause was altered by an Additional Instruction. See page 205, note 2.

44 CANADIAX ARCH IVES

3 GEORGE v., A. 1913

Profits belonging thereto who is not a Canadian l)y Birth (such onlj^ excepted as are-
now in Possession of any such Benefice) and who is not appointed thereto by Us, or
by or under Our Authority, and that all Eight or Claim of Right in any other
Person whatever to nominate, present or appoint to any vacant Benefice, other than
such as may lay Claim to the Patronage of Benefices as a Civil Right, be absolutely
abolished, no Person to hold more than one Benefice, or at least not more than can
reasonably be served by one and the same Incumbent.

Fourthly. That no Person whatever professing the Religion of the Church of
Rome be appointed Incumbent of any Parish in which the Majority of the Inhabi-
tants shall solicit the Appointment of a Protestant Minister; In such Case the
Incumbent shall be a Protestant, and be entitled to all Tythes payable within such
Parish; But nevertheless the Roman Catholicks may have the use of the Church for
the free exercise of their Religion at such Times as may not interfere with the
Religious Worship of the Protestants, and in like manner the Protestant Inhabitants
in every Parish where the Majority of Parishioners are Roman Catholicks shall not-
withstanding have the use of the Church for the Exercise of their Religion at such
times as may not interfere with the Religious Worship of the Roman Catholicks.

Fifthly. That no Incumbent professing the Religion of the Church of Rome
appointed to any Parish, shall be entitled to receive any Tythes for Lands or Pos-
sessions occupied by a Protestant, but such Tythes shall be received by such Persons
as you shall appoint, and shall be reserved in the Hands of Our Receiver General as
aforesaid for the Support of a Protestant Clergy in Our said Province to be actually
resident within the same and not otherwise according to such Directions as you
shall receive from Us in that behalf, and in like manner all growing Rents and Pro-
fits of a Vacant Benefice shall during such Vacancy be reserved for and applied to the
like uses.

Sixthly. That all Persons professing the Religion of the Church of Rome, who
are already possessed of or may hereafter be appointed to any Ecclesiastical Benefice,
or who may be licenced to exercise any Power or Authority in respect thereto do
take and subscribe before you in Council, or before such Person as you shall appoint
to administer the same, the Oath required to be taken and subscribed by the afore-
said Act of Parliament passed in the Fourteenth year of Our Reign intituled '"' An
" Act for making more effectual Provision for the Government of the Province of
** Quebec in North America."

Seventhly. That all Incumbents of Parishes professing the Romish Religion
not being under the Ecclesiastical Jurisdiction of the Bishop of Nova Scotia shall
hold their respective Benefices during their good behaviour, subject however in case of
any conviction for Criminal Offences or upon due proof of Seditious Attempts to
disturb the Peace and Tranquillity of Our Government to be deprived or suspended
by You.

Eighthly. That such Ecclesiasticks as may thinlv fit to enter into the Holy State
of Matrimony shall be released from all Penalties to which they may have been sub-
jected in such Cases by any Authority of the See of Rome.

Ninthly. That Freedom of the Burial of the Dead in the Churches and Church
Yards he allowed indiscriminately to every Christian Persuasion.

Tenthly. That the Royal Family be prayed for in all Churches and Places of
Holy Worship in such manner and form as is used in this Kingdom, and that Our
Arms and Insignia be put up, not only in all such Churches and Places of Holy
Worship, but also in all Courts of Justice, and that the. Arms of France be taken
down in every such Church or Court where they may at present remain.

44. Wliereas We did by Our Commission^ under Our Great Seal of Great Britain
bearing date the 1®*. day of August 1787, appoint the Right Reverend Father in God,

1. For the Commission to Dr. Inglis and Instructions relating to it, see the Colonial
Office Records, Nova Scotia, Canadian Archives. M. 505.

CONSTITUTIOXAL DOCUMENTS 45

SESSIONAL PAPER No. 18

Charles Inglis, Doctor in Divinity to be Bishop of the Province of Nova Scotia, and
thereby give to him and his Successors in the said See, Jurisdiction, Spiritual and
Ecclesiastical, in and throughout the said Province of Nova Scotia, and its Depen-
dencies according to the Laws and Canons of the Church of England, which are law-
fully made and received in England in the several Causes and Matters particularly
expressed and set forth in the said Commission and no other; And Whereas by
another Commission We did also give and grant to the said Bishop of Nova Scotia,
full Power and Authority by himself, or his sufficient Commissary or Commissaries,
to exercise the like Spiritual and Ecclesiastical Ji;risdiction, within the Provinces of
Quebec of New Brunswick and the Islands of S'. John, Cape Breton and Newfound-
land, as is set forth in the said Commission; We do hereby order and enjoin you,
that you do give all fit support and countenance to the said Bishop in the exercise
of his Jurisdiction Spiritual and Ecclesiastical, according to the Laws of this Eealm
and the Laws to be established in Our Province of Upper Canada, and to the Tenor of
the said Commissions. It is nevertheless Our Will and Pleasure to reserve to you,
the granting of Licences for Marriages, Letters of Administration and Probates of
Wills as heretofore exercised by you and your Predecessors; And also to reserve to
you, and to all others to whom it may lawfully belong the Patronage and Right of
Presentation to Benefices, but it is Our Will and Pleasure that the Person so pre-
sented shall be instituted by the Bishop, or his Commissary, duly authorized by him,
as directed by Our said Commission.

45. You are to permit liberty of Conscience and the free exercise of all such
Modes of Religious Worship, as are not prohibited by Law, to all Persons who
inhabit and frequent the Province of Upper Canada, provided they be contented with
a quiet and peaceable enjoyment of the same without giving Offence or Scandal to
Government.

46. You are to take especial Care that God Almighty be devoutly and duly
served throughout Your Government, that the Lord's Day be duly kept, and that the
Services and Prayers appointed by, and according to the Book of Common Prayer, be
publickly and solemnly read and performed throughout the year.

47. You are to be careful that the Churches which are or may be hereafter
erected in Our said Province of L'pper Canada be well and orderly kept.

48. You shall recommend to the Legislative Council and General Assembly of
the Province of L^pper Canada to settle the Limits of Parishes in such a manner as
shall be deemed most convenient.

49. You are to use Your best endeavours that every Minister be constituted one
of the Vestry, in his respective Parish, and that no Vestry be held without him,
except in Case of b.is sickness, or that after Notice given of a Vestry he omit to come.

50. It is Our Will and Pleasure, that you recommend to the Legislative Council
and Assembly of Our said Province of Upper Canada to make due provision for the
erecting and maintaining of Schools, where Youth may be educated in competent
Learning, and in knowledge of the Principles of the Christian Religion.

51. And it is Our further Will and Pleasure that no Person shall be allowed to
keep a School in the Province of Upper Canada, without Your Licence first had and
obtained. In granting which You are to pay the most particular Attention to the
Morals and proper Qualifications of the Persons applying for the same, and in all Cases
where the School has been founded, instituted or appointed for the Education of
Members of the Church of England, you are not to grant such Licences except to
Persons who shall first have obtained from the Bishop of Nova Scotia, or One of his
Commissaries, a Certificate of their being properly qualified for that purpose.

52. And it is Our further Will and Pleasure, that in order to suppress every
Species of Vice, Profaneness and Immorality, You do forthwith cause all Laws
already made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy,
Incest, Profanation of the Lord's Day, Sv/earing and Drunkenness to be strictly

46 CANADIAN ARCHIVES

3 GEORGE v., A. 191S

put in execution, in every part of the Province of Upper Canadti, and that for this
purpose you do direct that the Constables and Church Wardens of the several Par-
ishes do make Presentment upon Oath of Any of the Vices beforementioned to the
Justices of the Peace in their Session, or to any of the other Temporal Courts: And
you are earnestly to recommend to the Legislative Council and Assembly, to provide
effectual Laws for the Restraint and Punishment of all such of the aforementionetl
Vices, against which no Laws are as yet provided, or in eases where the Laws already
made, are found to be insufficient ; And in order to discountenance Vice and promote
the practice of Virtue to the utmost of Your Power, We do hereby strictly command
and enjoin you to appoint no Person to be a Justice of the Peace, or to any Trust or
Employment, whose notorious ill Life or Conversation may occasion Scandal.

53. You are not to present any Protestant Minister to any Ecclesiastical Benefice
within Our said Province by virtue of the said Act passed in the present Year of
Our Reign, and of Our Commission to you without a proper Certificate from the
Bishop of Nova Scotia, or his Commissary of his being comformable to the Doctrine
and Discipline of the Church of England.

54. And you are to take especial Care that a Table of Marriages established by
the Canons of the Church of England, be hung up in all places of Public Worship,
according to the Rites of the Church of England.

55. It is Our Royal Intention that the Peltry Trade of the Interior Country
shall be free and open to all Our Subjects Inhabitants of any of Our Colonies who
shall pursuant to what was directed by Our Royal Proclamation of 1763 obtain trad-
ing Licences from the Governors of any of Our said Colonies under Penalties to
observe such Regulations as shall be made by Our Legislature of Our Province of
Upper Canada for that purpose. These Regulations therefore when established, must
be made public throughout all Our American possessions and they must have for
their Object the giving every possible facility to that Trade which the nature of it
will admit, and which may be consistent with fair and just dealing towards the
Native Indians with whom it is carried on; the fixing stated times and places for
carrying on the Trade and adjusting Modes of settling Tariffs of the prices of Goods
and Eurs and above all the restraining the Sale of Spirituous Liquors to the Indians,
will be the most probable and effectual Means of answering the Ends proposed.

56. And Whereas it is expedient for Our Service, that We should from time to
time be informed of the State of the Trade and Fisheries, as well as of the Popula-
tion of Our said Province of Upper Canada ; It is Our Will and Pleasure that you do
transmit to Us through One of Our Principal Secretaries of State, and to Our Com-
mittee of Our Privy Council for Trade and Foreign Plantations for their Informa-
tion, yearly and every Year a full and particular Account of the State of the Fur and
Peltry Trade; The nature and extent of the several Fisheries carried on by Our
Subjects or others either on the Lakes or Rivers of the said Province, The state of
the Cultivation particularly specifying the quantity of Grain, Hemp and Flax pro-
,dviced, and of any other important branch of Trade which may in your opinion be

undertaken and advantageously carried out by Our Subjects, The Number of Inhabi-
tants distinguishing them under different heads of Men, Women and Children, insert-
ing in such Account the number of Persons born, christened and buried, and any
extraordinary influx or emigration from Our said Province, specifying at the same
time the number of Slaves, and the number of Our Subjects capable of bearing Arms
in the Militia; The number and Tonnage of Shipping and Craft employed upon tho
Lakes or Rivers in, or contiguous to the Province of Upper Canada together with
any other Information on these, or any other points of the like nature, which may be
proper to be communicated to Us.

57. And Whereas you will receive from Our Commissioners for executing the
Office of High Admiral of Great Britain and of the Plantations, a Commission con-

CONSTITUTIONAL DOCUMENTS 47

SESSIONAL PAPER No. 18

Etituting You Vice Admiral of Our said Province of Upper Canada, You are required
and directed carefully to put in execution the several Powers thereby granted you.

58. And Whereas We are desirous that Our Subjects in the Plantations should
have the same ease in obtaining the Condemnation of Prizes there as in this King-
dom, You are to signify Our Will and Pleasure to the Officers of Our Admiralty
Court iu Upper Canada, that they do not presume to demand or exact other Fees
than what are taken in this Kingdom, which amount to about Ten Pounds for the
Condemnation of each Prize according to the List of such Fees.

59. And there having been great Irregularities iu the manner of granting Com-
missions in the Plantations to private Ships of War, You are to govern yourself
whenever there shall be occasion, according to tlie Commissions and Instructions
granted iu this Kingdom, but You are not to grant Commissions of Marque or
Reprisal against any Prince or State in Amity with Us to any Person whatsoever,
without Our si)ecial Command, and You are to oblige the Commanders of all Ships
having private Commissioners to wear no other Colours than such as are described
in an Order in Council of the 7"* January 1730, in relation to Colours to be worn
by all Ships of War.

60. Whereas Commissions have been granted unto several Persons in Our respec-
tive Plantations in America, for trying Pirates in those Parts, pursuant to the
several Acts for the more effectual suppression of Piracy, and a Commission will be
prepared empowering you, as Our Captain General and Governor in Chief of Our
Province of Upper Canada with others therein mentioned, to proceed accordingly in
reference to the said 'Province; Our Will and Pleasure is, that in all Matters relat-
ing to Pirates, you govern yourself according to the Intent of the said Acts.

61. 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
from time to time to transmit an Account thereof with relation to Our said Pro-
vince of Upper Canada 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 any Public Magazines, or in the hands of private Persons,
together with a State of all Places either already forfeited, or that You may judge
necessary to be fortified for the Security of our said Province, and You are to trans-
mit the said Accounts to Us, by One of Our Principal Secretaries of State, and also
Duplicates thereof to Our Master General or Principal Officers of Our Ordnance,
which Accoinits are to express the particulars of Ordnance, Carriages, Balls, Powder
and all other Sorts of Arms and Ammunition now in Our Public Stores, and so from
time to time of what shall be sent to you, or bought with the public Money, and to
specify the time of the disposal, and the occasion thereof, and other like accounts
half yearly in the same manner.

02. And in case of Distress of any other of Our Plantations, you shall upon
Application of the respective Governors thereof to you, assist them with what Aid
the Conditions and Safety of Our said Province under your Government can spare.

63. 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 pro-
vided for; We do hereby allow unto you with the Advice and Consent of Our said
Executive Council to take order for the present therein, provided nevertheless that
what shall be done be not repugnant to the said Acts passed in the 14'^'^ and in the
present year of Our Reign, 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, except it be for the purpose of preventing or repelling
Hostilities, or unavoidable emergencies wherein the Consent of Our Executive Coun-

48 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

cil shall be had and speedy Notice given thereof to Us, by One of Our Principal
Secretaries of State.

64. And Whereas great prejudice may happen to Our Service, and to the Security
of Our said Province by the Absence of you, Our Governor in Chief, or Our
Lieiitenant Governor for the time being, You shall not upon any pretence whatsoever
come to 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.

65. 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 commissionated or appointed by Us to be Our Lieutenant Governor, the
eldest Executive Councillor who shall be at the time of Your Death or Absence resid-
ing within Our said Province of Upper Canada subject to such other nomination
and appointment by you under the Great Seal of Our said Province as in Our said
Commission is in that behalf mentioned, shall take upon him the administration of
the Government, and execute Our said Commission and Instructions and the several
Powers and Authorities therein contained in the manner thereby directed;^ It is
nevertheless Our express Will and Pleasure that in such Case the said President shall
forbear to assent to any Acts but what are immediately necessary for the Welfare of
Our said Province without Our particular Order for that purpose, and that he shall
not take upon him to dissolve the Assembly then in being, nor to remove or suspend
any of the Members of Our said Executive Council, nor any Judges, Justices of the
Peace or other Officers Civil or Military without the Advice and Consent of the
Majority of the said Executive Council, and the said President is by the first Oppor-
tunity to transmit to Us by One of Our Principal Secretaries of State, the reasons
for such Alterations signed by him and Our Council. And Our Will and Pleasure
is, that the above Instructions with respect to such President shall also be equally
observed by and binding upon such other Executive Councillor as may be nominated
and appointed by you under the Great Seal of Our said Province, by Virtue of Our
said Commission in that behalf.

66. And Whereas by Our different Commissions We have appointed You to be
Our Governor and Commander in Chief of Our Province of Upper Canada,
Lower Canada and of Our Province of Nova Scotia, including the Islands of S'.
John and Cape Breton, as well as of Our Province of New Brunswick, and it is Our
Intention that the Lieutenant Governors commanding in the said Provinces of Nova
Scotia and New Brmiswick and Upper Canada 'should have and enjoy the full Salar-
ies, Perquisites and Emoluments granted to them and arising from the respective
Governments in as full and ample a manner as if the said Governments were under
distinct Governors in Chief, it is therefore Our Will and Pleasure that you shall not
at any time or times when you shall be resident and Commanding in Chief in either
of Our said Provinces of Upper Canada, Nova Scotia and New Brunswick, have or
receive any part of the said Salaries, Perquisites or Emoluments, but that the same
shall continue to be paid and satisfied to the Lieutenant Governors of the said Pro-
vinces respectively in like manner as they usually are during Your Absence there-
from.

67. And You are upon all Occasions to send to Us by One of Our Principal
Secretaries of State a particular Account of all Your Proceedings, and of the Con-
dition of Affairs within Your Government.

G. R.
Endorsed: Instructions for The Right Honble Lord Dorchester Governor of
tapper Canada.
Dated 16^^ September 1791

1. The interpretation of the phrase "Absence from Our said Province" is discussed in
the course of a report prepared by the Chief Justice of Upper Canada in 1799. See page 237.

2. See p. 12.

CONSTITUTIONAL DOCUMENTS 49

SESSIONAL PAPER No. 18

INSTEUCTIOXS RELATING TO TRADE AND NAVIGATION.^
GEORGE R.

O. 0. Instructions. Quebec.
17S6-1791.

Orders axd Instructioxs to Our Right Trusty and Welbeloved
Guy Lord Dorchester, Knight of the Most Honorable Order
of the Bath, Our Captain General and Governor in Chief in and
over Our Province of Lower Canada, in Pursuance of several
Laws relating to the Trade and Navigation of Our Kingdoms of
Great Britain and Ireland, and Our Colonies and Plantations in
America. Given at Our Court at S* James's the Sixteenth Day
of September 1791. In the Thirty first year of Our Reign.
First. You shall inform yourself of the several Laws relating to the Plantation
Trade, and for the Encouragement of the Trade & Navigation of Our Kingdoms of
Great Britain and Ireland, and shall take the Oath ordained by Law, to do your
utmost, that all the Clauses Matters and Things therein contained, or which shall
be enacted in any Act of Parliament hereafter to be made, relating to Our Planta-
tion, or to the Trade &. Navigation of Our said Kingdoms, be punctually and bona
fide observed according to the true Intent and meaning thereof, and in particular
you are to take especial Care, that the several Acts of Parliament of Great Britain
for allowing the Importation & Exportation, of certain Goods, Wares, and Merchan-
dize into and from Our Kingdom of Ireland, from and to Our Plantations in America,
in like manner as the same are exported & imported from and into Our Kingdom of
Great Britain from the said Plantations be strictly complied with in your Govern-
ment.

2. And whereas an Act was passed in the Twenty Sixth Year of Our Reign,
intituled, " An Act for the further Increase and Encouragement of Shipping and
" Navigation " It is Our Will and Pleasure that you do cause the Provisions of the
said Act to be strictly enforced within your Government; And you are to- be particu-
larly attentive to such Duties as are therein required to be done and performed by
you, so that the Regulations thereby made and enacted be punctually complied
with.

3. And whereas the Colonies and Provinces of New Hampshire, Massachuset's
Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, the three
lower Counties on the Delaware, Maryland, Virginia, North Carolina, South Caro-
j-na, and Georgia, were by the provisional Articles of Peace concluded at Paris, on
the 30*'^ of November 1782. and also by the Definitive Treaty signed on the 3*^ of
September, 1783, declared free and Independent States, by the Name of the United
States of America; And whereas by an Act made in the Twenty third Year of Our
Reign, intituled, " An Act for preventing certain Instruments from being required
" from Ships belonging to the United States of America, and to give to His Majesty
" for a limited time certain Powers for the better carrying on Trade and Commerce,
''between the Subjects of Ilis Majesty's Dominions, and the Inhabitants of the said
I nited States." It was enacted that during the Continuance of that Act, it should be
lawful for Us in Council, by Order, or Orders to be issued and published from time to
time, to give such Directions, and to make such Regulations with respect to Duties,
Drawbacks, or otherwise for carrying on the Trade & Commerce between the People

1. From the copy in the Canadian Archives, M. 231, p. 55. The same Instructions were
eiven for Upper and Louver Canada. These Instructions may be compared with the Trade
Instructions to Carleton in 1775. See Constitutional Documents, 1759-1791, Shortt and
Doughty. 1907, p. 438.

IS— 4

50 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

and Territories belonging to Our Crown, & the People and Territories of the said
Fnited States, as to Us in Council should appear most expedient and salutary, any
Law, Usage, or Custom to the contrary notwithstanding; the Provisions of which said
recited Act have been continuetl & enforced by several other Acts since passed; And
whereas in pursuance of the Powers vested in Us, by the Acts of Parliament aforesaid.
We by several Orders issued by Us, in Our Council, have made such Kegulations and
given such Directions, for regulating the Trade between Our Dominions, & the said
United States, as the Interest and Welfare of Our Subjects, & the Preservation and
Encouragement of the Trade and Navigation of Our Kingdoms, have from time to time
made necessary and expedient and particularly by that of the 4*^'' of April, 1787, by
which We did make certain Regulations with respect to the Importation of Goods &
Merchandize, the Growth and Produce of the United States of America, into our
Territories and Islands in the West Indies.^ It is therefore Our Will and Pleasure,
that you do in all things conform yourself, as well to the Provisions of the above
mentioned Acts of Parliament, as to the Regulations and Directions contained in Our
said Orders in Council; or such further Regulations and Directions, as may be con-
tained in any future Order or Orders made by Us in Council, for the purposes afore-
said, & that you do give the proper Orders to the several Officers concerned, that due
Obedience be paid thereunto.

4. You shall take Care that the Naval Officers within your Government, do give
such Security to the Commissioners of Our Customs, for the true and faithful Perfor-
mance of their Duty, as is by Law required.

5. And whereas it is necessary for the greater Convenience of Merchants and
others, that the Naval Officers and the Collectors of the Customs should reside at the
same Ports or Towns, you are therefore to take Care that this Regulation be observed,
and to consult with the surveyor General of Our Customs in what Place, it may be
most convenient to have the Custom House fixed, for the Dispatch of Business, if the
same shall not have been already done, and to take Care that the Collector and Naval
Officer reside within a convenient Distance of the Custom House.

6. You shall every three Months or oftener, as there shall be Opportunity of Con-
veyance, transmit to the Commissioners of Our Treasury, or Our High Treasurer for
the Time being, and to the Commissioners of Our Customs in London, a List of all
the Ships and Vessels trading in your Government according to the Schedule hereunto
annexed, together with a List of the Bonds taken in pursuance of the several Acts
herein before mentioned; And you shall cause Demand to be made of every Master, at
his clearing of an Invoice, of the Contents and Quality of his Lading &c. according to
the Schedule hereunto also annexed; And you shall moreover direct the several Naval
Officers within your Government, to furnish you with Quarterly Lists of such Ships and
Vessels, together with the Tonnage and the Names of the Masters and Owners thereof,
and of the Cargoes according to the Schedule before mentioned, which you are to
transmit to Us thro' one of Our principal Secretaries of State, by the first Opportunity
that shall offer, after the Expiration of such Quarter ; And it is Our Will and Pleasure,
that you be particularly attentive to Our Directions in this respect, and that you do
take due Care, that the several Naval Officers do strictly comply therewith.

7. You shall give Directions that the Surveyor General of the Customs for the
District in which your Government lyes, be permitted to have recourse to the said
Bonds, as well as to the Book or Books, in which they are, or ought to be entered,

1. The Order in Council of the 4th of April, 1787, contained regulations for the trade
between the United States and the United Kingdom and between the United States and the
West Indies. After enumetatingr the commodities which might be imported into Nova Scotia
and New Brunswick from the United States and the conditions of their importation, it con-
tinued thus, "And His Majesty is, hereby further pleased to order, that no Goods, Commo-
dities or Merchajidize whatsoever shall be imported from any of the Territories belonging
to the said United States into any of the Ports of the Province of Quebec." See Sydney to
Dorchester, April 6, 1787, and enclosures. The Canadian Archives, G. 1. p. 72.

CONSTITUTIONAL DOCUMENTS 51

SESSIONAL PAPER No. 18

k to examine, as well whether due Entry be made, as whether they are regularly taken
& discharged; And where it shall appear that Bonds are not regularly discharged, you
are to order that such Bonds be put in Suit.

S. You shall not Assent to any Act of Assembly, or allow any Usage to prevail
within your Government, which shall be repugnant to the Acts of Parliament herein
before mentioned, or to any that may hereafter be made, as far as the same relate to
Our Plantations in America.

9. You shall be aiding and assisting to the Collectors, & other Officers of Our
Customs appointed or who shall hereafter, be appointed by the Commissioners of Our
Customs in this Kingdom, by and under the Authority and Direction of the Com-
missioners of Our Treasury, or Our High Treasurer for the time being; and also to
the Officers of the Court of Vice Admiralty in your Government appointed, or who
shall hereafter be appointed, by Our High Admiral of Great Britain, or Commissioners
for executing the office of High Admiral, or by you, or Our Commander in Chief for
the time being, as Vice Admiral within your said Government, in putting in Execu-
tion the several Acts of Parliament before mentioned; And you shall cause due
Prosecution of all such Persons as shall anyway resist, or hinder any of the said
Officers of Our Admiralty, or Customs, in the Performance of their Duty.

10. Whereas the Commissioners appointed for collecting the Six Pence per Month,
from Seamen's Wages for Our Royal Hospital at Greenwich, pursuant to the Act of
Parliament for that purpose, have given Instructions to their Receivers in foreign Parts
for their Conduct therein ; It is Our Will and Pleasure, that you be aiding and assist-
ing to the said Receiver.s in your Government, in the due Execution of their Trusts.

11. You shall take Care that upon any Actions, Suits and Informations that shall
be brought, commenced or entered in any Court within your Government, upon any
Law, or Statute, concerning Our Duties, or Ships, or Goods to be forfeited, by reason
of any unlawful Importation, or Exportation, there be not any Jury impannelled, but
of such as are Natives of Great Britain, Ireland, or some of Our Plantations and
entitled by Law, to the Privileges of British Subjects.

12. You shall from time to time advise the Commissioners of Our Customs in
London of all Failures, Neglects, Frauds and Misdemeanors of any of the Officers of
Our Customs within your Government, and shall also communicate to them, all Occur-
ences which you may think necessary for their Information, relating either to any of
tbe Acts hereinbeforementioned, or to Our Revenue, under their Management.

13. If you shall discover that any Persons, claiming Right or Propriety in any
Island, or Tract of Land in America, by Charter, Letters Patent, or other Grant, shall
St any time hereafter, alien, sell, or dispose of such Right or Propriety other than to
Our natural born Subjects of Great Britain, Ireland or Our Plantations in America,
without the License or Consent of Us, Our Heirs & Successors, signified by Our, or
Their Order in Council first had and obtained, you shall give Notice thereof to Us,
thro' one of Our principal Secretaries of State, and to the Commissioners of Our
Treasury, or Our High Treasurer of Great Britain for the time being.

14. And whereas notwithstanding the many good Laws made from time to time,
for preventing Frauds in the Plantation Trade, it is manifest that very great Abuses
have been, and still continue to bo practised, to the Prejudice of the same, which
Abuses must needs arise either from the Insufficiency, or Insolvency of those Persons
who are accepted as Securities, in Bonds required by Law, or from the Remissness,
or Connivance of Our Governors, who ought to take due Care that those Persons who
execute such Bonds should be sued for Breaches of the Conditions of such Bonds, you
are to take Notice that We consider the Good of Our Plantations and the Improvement
of the Trade thereof, by a strict and punctual Observance of the several Laws in force
concerning the same, to be of so great Importance to the Benefit of this Kingdom,
and to the advancing of the Revenue of Our Customs, that, if We shall hereafter be
informed that at any time there shall be any Failure in the due Observance of those

1.8—4^

52 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

Laws, and of these present Instructions, by any wilful Neglect or Fault on your Part,
we shall esteem such Neglect to be a Breach of the same; And We think proper to
apprize you, that it is Our fixed and determined Will and Intention, to remove you, or
Our Commander in Chief for the time being, from your Employments, for any such
Offence, and that We will strictly levy and inflict as well the Fine of One Thousand
Founds, imposed by an Act passed in the Seventh & Eighth of King William the Third,
Chap: 22^^ as all other Fines, Forfeitures, Pains and Penalties, to which you shall
for such Oft'ence be liable by any Acts of Parliament now in force, or otherwise — And
that you will further on the same account receive the most rigourous Marks of Our
Highest Displeasure.

G. E.

Endorsed: Trade Instructions For the Right Hon^'^. Lord Dorchester K.B.
Governor of Lower Canada. Dated 16^^ September 1791.

N.B. — Similar. Instructions were Signed and bearing the same date for his Lord-
ship as Governor of Upper Canada.

CONSTITUTIONAL DOCUMENTS

53

SESSIONAL PAPER No. 18

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54 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

COMMISSION TO ALURED CLARKE AS LIEUTENANT GOVERNOR OF

LOWER CANADA.^

GEORGE R.

GEORGE THE THIRD by the Grace of God, King of Great Britain, France
and Ireland, Defender of the Faith &c.,

To Our Trusty and Wellbeloved Alured Clarke,^ Esquire, Major General of Our
Forces, Greeting:

We reposing especial trust and confidence in your Loyalty, Integrity and Ability,
DO, by these Presents constitute and appoint you to be Our Lieutenant Governor of
Our Province of Lower Canada, in America,

To have, hold, exercise and enjoy the said place and office during Our Pleasure
with all Rights, Privileges, Profits, Perquisites and Advantages to the same belong-
ing or appertaining; and further in case of the death or during the absence of Our
Captain General and Governor in Chief of Our said Province of Lower Canada now
and for the time being.

We do hereby authorize and require you to exercise and perform all and singu*
lar the Powers and directions contained in Our Commission to Our said Captain
General and Governor in Chief according to such Instructions as he hath already
received from Us, and such further Orders and Instructions as he or you shall here-
after receive from Us.

And We do hereby command all and singular Our Officers, Ministers and laving
Subjects in Our said Province, and all others whom it may concern to take due notice
hereof and to give their ready obedience accordingly.

Gh'ex at Our Court at St. James's the twelfth day of September, 1791, in the
thirty-first year of Our Reign.

BY HIS MAJESTY'S COMMAND,

Henry Dundas.
Major General Alured Clarke.

Lieutenant Governor
of the Province of Lower Canada.

1. From the Commission as entered in Lib. E, Imperial Commissions, Folio 18, in the
office of the Registrar General of Canada.

2. Prior to his connection -with Canada, Alnred Clarke had served in various important
commands. From 1782 to 1790, he was Lieutenant-Governor of Jamaica. He was appointed
Lieutenant-Governor of Quebec, March 19, 1790, and entered on his duties in October of that
year. On Lord Dorchester's departure for England in Au°:ust, 1791, Clarke assumed the
administration of the government and acted as Governor of Lower Canada until the return
of Lord Dorchester in September, 1793.

CONSTITUTIONAL DOCUMENTS 55

SESSIONAL PAPER No. 18

COMMISSION TO JOHN GRAVES SIMCOE AS LIEUTENANT GOVERNOR

OF UPPER CANADA.!

GEORGE R.

GEORGE THE THIRD by the Grace of God of Great Britain France and Ire-
land King Defender of the faith &c To Onr trusty and welbeloved John Graves
Simcoe/ Esq.''.

Greeting ;

We reposing especial trust and confidence in your Loyalty Integrity and Ability,
do by these presents constitute and appoint you to be Our Lieutenant Governor of
our Province of Upper Canada in America — To have hold exercise and enjoy the said
place & office during Our pleasure, with all rights Privileges, profits, perquisites &
advantages to the same belonging or appertaining, and further in case of his Death,
or during the absence of Our Captain General and Governor in Chief of Our said
Province of Upper Canada now and for the time being — We do hereby authorize and
require you to exercise and perform all and singular the powers and directions con-
tained in Our Commission to Our said Captain General & Governor in Chief accord-
ing to such Instructions as he hath already received from Us, and such further
Orders & Instructions as he or you shall hereafter receive from Us, & we do hereby
command all and singular Our Officers, Ministers and loving Subjects in Our said
Province, and all others whom it may concern to take due notice hereof, and to give
their ready obedience accordingly, — Given at Our Court at S* James's the twelfth
day of September 1791 — In the Thirty first year of Our Reign —

By His Majesty's Command

Register "A." Commissions. 1651-1841

(Signed) HENRY DUNDAS

PROCLAJ^IATION.^

fixing the day for the commencement op the new constitution.
Alured Clarke

GEORGE THE THIRD by the Grace of God of Great Britain France and Ire-
land KING Defender of the Faith and so forth —

To all Our loving Subjects whom these Presents may concern

Greeting — Whereas We have thought fit by and with the Advice of Our Privy
Council by Our Order in Council* dated in the month of August last to order that
Our Province of Quebec should be divided into two Distinct Provinces to be called
the Province of Upper Canada and the Province of Lower Canada by separating the
said two Provinces according to the following Line of division viz*' To commence at
a Stone boundary on the North Bank of the Lake S*^ Francis at the Cove West of

1. From the Commission as entered in Register "A," Commissions, Folio 6, in the OflBce
of the Registrar General of Canada. ^ . , i, .,

2. Colonel John Graves Simcoe first gained distinction as the ofiicer m command of the
Queen's Rangers in the campaign against the revolting colonies. His military career closed
with the surrender of Cornwallis at Yorktown. In 1790, he was elected to the British par-
liament and took a keen interest in the passage of the Constitutional Bill. When it was
decided to divide the Province of Quebec, Simcoe was selected for the Government of Upper

3. From the original parchment, Canadian Archives. Proclamations, Lower Canada, 1791.
The Proclamation was published in The Quebec Gazetie of December 1, 1791. Copies are t»
be found in Q. 57-1. page 186 and 58-1, page 5.

4. See page 3.

56 CAXADIAN ARCHITES

3 GEORGE v., A. 1913

Pointe au Bodet in the limit between the Township of Lancaster and the Seigneurie
of New Longueiiil running along the said Limit in the direction of North Thirty four
degrees West to the Westermost Angle of the said Seigneurie of New Longueiiil
thence along the North M^estern Boundary of the Seigneurie of Vaudreiiil running
North Twenty five degrees East until it strikes the Ottawas River to ascend the
said River into the Lake Tomiscanning and from the Head of the said Lake by a
Line drawn due North until it strikes the boundary line of Hudson's Bay including
all the Territoiy to the Westward and Southward of the said line to the utmost
extent of the Country commonly called or known by the name of Canada And
Whereas by an Act passed in the last Session of Parliament intituled An Act to
repeal certain parts of an Act passed in the fourteenth Year of His Majesty's Reign
intituled An Act for making more effectual Provision for the Government of the
Province of Quebec in North America and to make further Provision for the
Government of the said Province It is provided that by reason of the distance of
the said Provinces from Great Britain and the change to be made by the said Act
in the Government thereof it may be necessary that there should be some interval
of Time between the notification of the said Act to the said Provinces respectively and
the day of its commencement within the said Provinces respectively And that it
should be Lawful for L^s with the advice of Our Privy Council to fix and declare or
to authorize the Governor or Lieutenant Governor of Our Province of Quebec or the
Person administering the Government there to fix and declare the day of the Com-
mencement of the said Act within the said Provinces respectively provided that such
day shall not be latex than the Thirty first day of December One thousand seven
hundred and Ninety one^ And whereas in pursuance of the said Act We have thought
fit by another order in CounciP bearing date the Twenty fourth Day of August last
to Authorize Our Governor or in His Absence Our Lieutenant Governor or the Person
administering the Government of Our said Province of Quebec to fix and declare
such Day as he should judge most adviseable for the Commencement of the said Act
within the Province of Upper Canada and the Province of Lower Canada respectively
And to that effect have by Our Warrant^ to Our right Trusty and wellbeloved Guy
Lord Dorchester Captain General and Governor in Chief in and over Our said Province
of Quebec or in his absence to Our Lieutenant Governor or Commander in Chief
of Our said Province for the time being under Our Signet and Royal Sign manual
bearing date at S*^ James's the Twelfth day of September last Signified Our Will and
pleasure that He take the necessary measures accordingly Know Ye therefore that
Our Trusty and Wellbeloved Alured Clarke Esquire Our Lieutenant Governor of
Our said Province of Quebec in the absence of Our said Governor thereof Hath Judged
it most adviseable to fix upon Monday the Twenty sixth day of December next for
the Commencement of the said Act within the Provinces aforesaid respectively and
it is accordingly hereby declared that the said Act of Parliament intituled An
Act to repeal certain parts of an Act passed in the fourteenth Year of His Majesty's
Reign intituled An Act for making more effectual Provision for the Government
of the Province of Quebec in North America and to make further Provision for
the Government of the said Province shall commence within the said Provinces of
Upper Canada and Lower Canada respectively on Monday the said Twenty sixth Day
of December in this present Year One thousand seven hundred and Ninety one of
which all Our loving Subjects and all others concerned are to take notice and govern
themselves accordingly In Testimony Whereof We have caused these Our Letters
to be made Patent and the Great Seal of Our said Province of Quebec to be hereunto
affixed Witness Our Trusty and Wellbeloved Alured Clarke Esq Our Lieutenant

1. See Article XLVIII. of the Constitutional Act. Constitutional Documents, 1759-1791
Shortt and Doughty, 1907. page 708.

2. See page 3.

3. For the Warrant see the Canadian Archives, Q. 59b, page 199.

CONSTITUTIONAL DOCUMENTS 57

SESSIONAL PAPER No. 18

Governor and Commander in Chief of Our said Province of Quebec Major General
Commanding Our Forces in North America &c &c &c at Our Castle of Saint Lewis
in the City of Quebec this Eighteenth Day of November in the Year of Our Lord
One thousand seven hundred and Ninety one and in the Thirty second Year of Our
.Keign.

A. C.
Hugh Finlay, |
Acting Secretary. J

SIMCOE TO DUNDAS^

Quebec Nov-- 19*^ 1791

Duplicate N°- 1

Sir,

In a conversation which I have had with ]VP Chief Justice Smith,^ He appears
decidedly of opinion, That, from the Moment Lieu*^ Governor Clarke shall issue his
Proclamation,^ in December next agreable to the Act of Parliament, & fix & Declare
the commencement of the late Act of Parliament by which the new form of Govern-
ment is Constituted in Upper & Lower Canada, there will be a deficiency of that part
of the executive Government, which is Vested in the Governor or Lieu'' Governor
of Upper Canada; & He gave as instances, that, the Mercy of the Crown could not
be extended in remitting fines or forfeitures, nor its Justice exemplified in executing
the Sentence of Death; & this defect He supposes not to admit of remedy, for the
present, as there is not in America, a Major part of the executive Council of Upper
Canada,* to adminster the Oaths necessary for me, to qualify myself to take upon
me the Government agreable to my Commission;^ & He conceives it utterly impos-
sible that Lieu^ Governor Clarke having received his Commission, as Lieu^ Governor
of Lower Canada can in any shape, administer the Government of Upper Canada.
Submitting, to such high Legal Authority as that of the Chief Justice, I have only
desired that his opinion may not be publicly divulged; & at the same time I have
stated to the Chief Justice that, I conceive, all the inferior degrees of Magistracy do
remain in full force, Authority & Effect, as being derived from those Laws, Statutes,
or Ordinances, which in the 33'^ Clause of the Canada Bill are declared to operate as
if the Province of Quel ec had not been divided.'

The Chief Justice intimates his Surprize that there was not inserted a clause
in Lord Dorchesters Instructions, which had obtained generally in those of the Gov-
ernors of the Ancient Colonies of Great Britain, to authorize the Governor to nomin-
ate executive Councellors in case of the want of a sufficient Number, (from whatever
reason it might arise,) to carry on the necessary Business of Government: & such
Executive Councellors, He said, might exist, pro hac vice, & under whatever limita-
tions his Majesty in his Wisdom should think fit —

I cannot but think such a Clause, Sir, to be well worth your consideration, as
the Executive Council of Upper Canada is very limited in point of Numbers. The
present Executive Council consists of four Members viz — Chief Justice Osgoode,
M' Eobertson, M"^ Grant & M'' Russel: & by a letter I received from M'' Nepean,
I understand that a Gentleman from Detroit is to be added to this Number, for whom

1. From the contemporary copy in the Canadian Archives, Duplicate Despatches, Upper
Canada, 1791. Another copy is to be found in Q. 278, page 7.
is. See page H, note 1.

3. See paere 55.

4. Mr. Grant was at this time the only member of the Executive Council in Canada.

5. See Dorchester's Commission, page 5.

6. Simcoe feared that in the absence of a Proclamation continuing the Judges and
•Justices in office the magistrates might refuse to act. This question is discussed at greater

length in his despatch to Dundas of December 7, 1791.

58 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

a Blank is left in Lord Dorchesters Instructions — There is also another Blank left
in the same Instructions for some other Person, but for whom I have not the slightest
Intimation —

I do not apprehend that Lord Dorchester or myself in his Absence, has any
Authority to legally fill .up these Blanks — I wish that JVP Jacques of Detroit may bp
appointed to the first Vacancy both in the Executive & Legislative Councils^ as I under-
stand he is the most proper Person in that District from whence it is but Justice that
a French Gentleman of indisputable Loyalty should be selected & the other Vacancy I
think it would be proper to empower me to dispose of as I shall think fit, to the
Speaker or some Member, in all probability, of the House of Assembly — There is not
at present any one of this Executive Council, in Canada, except M' Grant —

The Season will probably be very late before such a Number of the Executive
Council can be convened beyond the Point au Boudet, as to invest me in the Office of
L* Governor —

I submit to your Consideration whether an Instruction framed to enable me to
call together a certain Diseription of Persons for that Especial Purpose would, or
would not be an advisable measure^ — The Necessity of ordering all the Civil Officers
of the Government to repair to Montreal as early as possible will I dare say attract
your Notice —

I have the honor to be with the utmost respect —

Sir,

Your most Obedient
& most Hum'^''* Servant

J. G. SIMCOE.
To The Eight Hon^'«

Henry Dundas &c. &c. &c.
one of his Majestys Principal
Secretaries of State.
Whitehall

London.

1. Simcoe had been asked in July to recommend persons qualified to represent the French
Canadian settlement at Detroit in the Executive Council. (The Canadian Archives, Q 278,
page 172.)

2. No instructions were sriven in this respect. Matters were allowed to stand until the
spring: when the arrival of Osgoode and Russell permitted the constitution of the ExecutiTe
Council.

CONSTITUTIONAL DOCUMENTS 59

SESSIONAL PAPER No. 18

KEPORT OF EXECUTIVE COTTNCIL RESPECTING CRO^VN LANDS.^

Saturday 4P^ February 1792.
At the Council-Chamber in the Bishop's Palace.

PRESENT

His Excellency Major-General Clarke Lieutenant-Governor.

The Honorable

William Smith Esquire

and

The Honorable

FranQois Baby Joseph De Longueuil &

Thomas Dunn Pierre Panet

Esquires

Heport on the Reference respecting the Waste Lands.

His Excellency communicates to the Board a Report of the Committee upon the
Reference of His Majesty's Instructions relating to the Waste Lands of the Crown,-
together with a Draft of the Proclamation required by the Reference, which are
fipproved of and ordered to be entered.

" To His Excellency Alured Clarice Lieutenant-Governor of the Province of Loiver
" Canada and Major General of His Majesty's Forces &g <&<: &c.

" Report on the Reference of the Royal Instructions for the dis-
" posal of the Crown Lands in Lower Canada, to a Committee of the
" Executive Council, the Members assembled being the Chief-Justice,
" M"- Finlay, M' Baby and M"" Dunn,

^' May it Please your Excellency,

" The Committee upon consideration had of His Majesty's Instructions relating
" to the Waste Lands of the Crown, and an Extract from the Secretary of State's
" Letter of the 16^*^ of September^ accompanying the same, humbly report, —

" That it is expedient to make His Majesty's most gracious intentions for the
" Population, Strength and Prosperity of the Province, immediately and generally
*' known, by printing and dispersing copies of some Proclamation of the Tenor of the
" Draft herewith delivered.

" That in the Defect of a Regulation for the Conduct of the officer concerned in
" the Land granting Department, it is expedient to frame a Table of fees, to which
" all the Petitioners for the Crown-lands may have access. —

1. From the original minutes, Canadian Archives, State Book A, Lower Canada, page 17.

2. See the Instructions to Dorchester, Articles 31-40, page 21.

3. The despatch of Mr. Dundas to Lord Dorchester, No. 1 of September 16, 1791, contains
the instructions for the appropriation of lands to be known as the Crown Eeserves.

" The general Instructions which accompany this will sufficiently explain to your Lord-
ship His Majesty's intentions with respect to the nature and extent of the Lands to be re- .
.served for the support of the Protestant Clergy. In addition to which. His Majesty's Ser-
vants are of opinion that otlier reservations should be made for the benefit of the Crown
within the several Towns and Townships, for the purpose of raising, by sale or otherwise, a
fund, to be hereafter api)lied towards the support of Government."

" These reservations should be made in such situations, and be so intermixed with Lands
to be granted to other persons, as may render the possession of them objects to such persons
when the Lands originally granted to them shall have been cultivated. The extent of these
reservations, it is conceived, should not be less than that which has been directed to be
allotted for the Protestant Clergy, and, it is expected that by a judicious choice such reser-
vations may ultimately become an Object of considerable importance in the way I have
mentioned." — (The Canadian Archives, Q 52, page 211.)

60 CANADIA^' ARCHIVES

3 GEORGE v., A. 19,13

" That for such Table and Eegulations the Prerogative of the Crc»Mi is competent,
" and the Interposition of the Legislature neither necessary nor expedient. In con-
" firmation of which opinion, the Committee observe, that the Table of fees ought to be
" such, as while it fulfils the Koyal Intention of improving and peopling the Province,
" as essential to its welfare and safety, should (that End answered) be of as little
" cxpence as possible to the Crown; and the Table of fees, as a measure of experiment,
'■should therefore be alterable at the pleasure of the Government alone. And until
"His Majesty shall otherwise command, may stand upon the authority of the Gov-
" ernor and Council, entered in the Minutes of the Board, and copies hung up in all
" the Offices thro' which the Grants are to pass —

" That the Committee do not conceive it to be necessary, to put the whole Charge
*' of Surveys upon the Crown; but that the royal bounty, so favorable to settlers in
" other respects, will suffice even tho' a part of the Charge of the Work in the Field for
"ascertaining the Grants desired, should be borne by the Petitioners; and that such
" contribution will rather expedite than retard the execution of His Majesty's most
" gracious intentions —

" The Committee are further of opinion, that the Proclamation should also be
" silent, a3 to the Town Spots in the large Townships to be granted, Husbandry being
"the first object, and Village Settlements following as the Population by Farmers
" advances, and then in such locations as Accident or a coincidence of circumstances
"may direct: and for this reason, the Proclamation is so framed as to reserve to the
^' Government, the power of devoting a proportion for Villages, where the utility of
"the measure shall become apparent, and a Township to be created, shall be so well
" known, as to enable the Crown to provide for a close settlement in it, and to desig-
" nate the Spot. —

" All which is nevertheless humbly submitted to your Excellency's great wisdom"

" Signed by Order 30*^ Jan^ 1792

(Signed) "WM. SMITH Chairman/'

A PKOCLAMATION.^

To such as are desirous to seUle on the Lands of the Crown in the Province of LoiL-'ir

Canada.

By His Excellency Alured Clarke, Esquire, Lieutenant Governor and Com-
mander in Chief of the said Province, and Major General of His Majesty's Forces,
&c &c &c.

Be it known to all concerned, that His Majesty hath by His Royal Commission
and Instructions to the Governor,* and in his absence to the Lieutenant Governor or

1. From the copy published in The Quebec Gazette, February 16, 1792, and enclosed in
Clarke to Dundas. No. 21, Canadian Archives, Duplicate Despatches, Lower Canada.

In transmitting this Proclamation Lieut. Governor Clarke remarked, " This Procla-
mation has been published with the advice of the Executive Coxincil, as will appear by the
enclosed Minute of their proceedings but it is not so declared in the Body thereof, in order
to accommodate Colonel Simcoe, who wished at the same time to issue a Proclamation respect-
ing the Crown Lands in Upper Canada, exactly corresponding to that published here, and who
could not in his present situation avail himself of the advice of His Council, at his request
also I have omitted to add the short description of the natural advantages of the soil and
climate and its conveniences for trade as recommended in the same Article of the Instruc-
tions, he not having yet acquired a sufficient knowledge of the country to enable him to do it.

" No regulation of the quantum of fees payable on grants of lands exists at present in this
Province, as is supposed by the 34tli Article of the Royal Instructions." Canadian Archives,
Q 58-1. p. 97.

Colonel Simcoe issued a similar Proclamation for Upper Canada on the same day. It is
signed by Thos. Talbot, Acting Secretary. See Simcoe to Dundas, No. 4, February 16, 1792.
A contemporary copy may be round in the Canadian Archives, Duplicate Despatches, Upper
Canada, 1792.

2. See pages 5 and 13.

CONSTITUTIOXAL DOCUMENTS 61

SESSIONAL PAPER No. 18

person administering tlie Government for the time being of the said Province of
Lower Canada, given Authority and Command to grant the Lands of the Crown in
the same by Patent under the Great Seal thereof; and it being expedient to publish
and declare the Royal Intention respecting such Grants and Patents,- 1 do accord-
ingly hereby make known the Terms of Grant and Settlement to be:

First. That the Crown Lands to be granted be parcel of a Township: If an
inland Township, of Ten Miles square, and if a Township on navigable Waters, of
Nine Miles in Front and Twelve Miles in Depth, to be run out and marked by His
Majesty's Surveyor or Deputy Surveyor General, or under his sanction and
authority.

Second. That only such part of the Township be granted as shall remain, after a
reservation of one seventh part thereof for the support of a Protestant Clergy, and
one other seventh part thereof, for the future disposition of the Crown.

Third. That no Farm Lot shall be granted to any one person which shall con-
tain more than two hundred acres; yet the Governor, Lieutenant Governor or Person
cdministering the Government, is allowed and permitted to grant to any person or
persons such further quantity of Land as they may desire, not exceeding one thousand
acres over and above what may have been before granted to them.

Fourth. That every Petitioner for Lands make it appear, that he or she is in a
condition to cultivate and improve the same, and shall besides taking the usual
Oaths, subscribe a Declaration (before proper persons to be for that purpose ap-
pointed) of the tenor of the words following, viz.

" I, A. B. do promise and declare that I will maintain and defend to the utmost

" of my power the authority of the King in His Parliament as the supreme

" Legislature of this Province."

Fifth. That application for Grants be made by petition to the Governor, Lieu-
tenant Governor, or person administering the Government for the time being, and
where it is adviseable to grant the Prayer thereof a Warrant shall issue to the proper
Officer for a survey thereof, returnable within six months with a Plot annexed, and
be followed with a Patent granting the same, if desired, in Free and Common Soccage,
upon the terms and conditions in the Royal Instructions expressed, and herein
after suggested.

Sixth. That all Grants reserve to the Crown all Coals, commordy called Sea
Coals, and Mines of Gold, Silver, Copper, Tin, Iron, and Lead; and each Patent con-
tain a clause for the reservation of Timber for the Royal Navy of the tenor fol-
lowing :

" And provided also, that no part of the tract or parcel of Land hereby granted to
" the said >. and his heirs, be within any Reservation heretofore made and

•'• marked for Us, Our Heirs and Successors by Our Surveyor General of Woods, or
"his lawful Deputy; in which case, this Our Grant for such part of the Land
" hereby given and granted to the said and his heirs forever as af ore-

" said, and which shall upon a survey thereof being made, be found within any
" such Reservation, -shall be null and void, anything herein contained to the con-
" trary notwithstanding."

Seventh. That the two sevenths reserved for the Crown's future disposition, and
the support of a Protestant Clergy, be not severed Tracts each of one seventh part
I J t^e Township, but such Lots or Farms therein as in the Surveyor General's
Return of the survey of the Township, shall be described as set a part for the?e
purposes, between the other Farms of which the said Township shall consist, to the
intent that the Lands so to be reserved, may be nearly of the like value with an equal
quantity of the other parts to be granted out as afore-mentioned.

62 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

Eighth. That the respective Patentees are to take the Estates granted to them
severally free of Quit Eent and of any other Expences, than such Fees as are or may
be allowed to be demanded and received by the different Officers concerned in passing
the Patent and recording the same, to be stated in a Table authorized and established
by the Government and publickly fixed up in the several Offices of the Clerk of the
Council, of the Surveyor General, and of the Secretary of the Province.

Ninth. That every Patent be entered upon record within Six Months from the
Date thereof, in the Secretary's or Register's Offices, and a Docket thereof in the
Auditor's Office.

Tenth. Whenever it shall be thought adviseable to grant any given Quantity to
one person of one thousand acres or under, and the same cannot be found by reason
of the said Eeservations and prior Grants within the Township in the Petition
expressed, the same, or what shall be requisite to make up to such Person the
Quantity advised, shall be located to him, in some other Township upon a new Peti-
tion for that purpose to be preferred.

And of the said several Regulation?, all Persons concerned are to take Notice and
govern themselves accordingly.

Given under my Hand and Seal at Arms at the Castle of Saint Lewis, in the
City of Quebec, the Seventh Day of February, in the Thirty-second Year of His
Majesty's Reign, and in the Year of Our Lord One thousand seven hundred and
ninety-two.

ALURED CLARKE.
By His Excellency's Command, — A. C.

Hugh Finlay^ |
acting Secretary.^

No. 25.

Slit,

Inclosed I have the honor to transmit you Copies of the Minutes of Council
concerning State matters from the 26^^ December last to the 11^^ Instant.

I inclose also Exemplifications under the Great Seal of the Province & printed
Copies of two Ordinances^ enacted by the Governor and Executive Council on the
24*^ February last, with a papier of Observations respecting them.

Besides the remarks therein made relative to the Court of Appeals, I wish to
call the attention of the King's Ministers to that part of the Minutes which states
it to be the opinion of the Council that by the late Act the Governor. Lieut.
Governor or Person administering the Government should always preside in that
Court which in this Country, where it meets monthly and sits as long as there is any
business before it, will employ much of his time, and may, be productive of great
clamour and inconvenience by imx>eding the regular Covirse of Justice, should his
other duties, which in his Military capacity may become very important, call him to a
distant part of the Province.

By the Royal Instructions, such Members of the Executive Council as shall be
at that time Judges of the Court from whence an Appeal shall be made are not to

1- From the contemporary copy in the Canadian Archives, Duplicate Despatches, Lower
Canada. 1792.

2. One Ordinance is that published at page 68; the other -ftas an ordinance to facilitate
the production of Parol Proof in Civil Causes.

CLARKE TO DUNDAS.^

Quebec, 2S"* April, 1792.

CONSTITUTIONAL DOCUMENTS 63

SESSIONAL PAPER No. 18

be permitted to vote upon the said Appeal/ The Judges of the Common Pleas are
by their Commissions authorized to officiate in each and every district — It is there-
fore submitted whether those who are of the Council may not sit and vote in Appeal
in Causes at which they have not before assisted in the Coui't below.

The Instructions being silent as to the Members necessary to form a Quorum
of the Executive Council, and the Eoyal Commission having fixed three as the
number before whom the Governor was to take the Oaths of Office, that rule has
been adopted, as sufficient for all purposes, which I trust will be approved.

The governor not being vested with an authority to appoint Members of the
Council protempore, in case they should be reduced to a number too few to transact
business, it is submitted whether such power might not be conducive to His Majesty's
Service.

I have the honor to be with great respect,
Sir
Your most obedient and

most faithful humble servant,

ALUEED CLARKE.
The Right Honble.

Henry Dundas.

OPINION OF HIS IklAJESTY'S SOLICITOR GENERAL FOR THE PROV-
INCE OF LOWER CANADA SUBMITTED TO THE HONORABLE BOARD
OF COUNCIL UPON HIS EXCELLENCY'S REFERENCE TO THE
BOARD OF THE 9™ INSTANT TO REPORT ''WHAT THE
ADMINISTRATION OF JUSTICE IN THE COURT OF
APPEALS MAY REQUIRE."'

May it please Your Honors,

In order fully to meet the requirements of the reference, it is necessary to take
into contemplation the Statute of the 14**^ of His Majesty ch. 83 commonly called
the Quebec Act. His Majesty's Commission to His Excellency Governor Carleton
in consequence of that Act, The Royal Instructions, if attainable, that accompanied
that Commission, and the provincial Ordinance of 1777 Ch. 1. as well as the 1^*. 33"^.
34"^. 48"^. & 50"\ Sections of the Statute of the 3VK of His Majesty ch. 31. which I
shall term The Canada Act, His Majesty's Commission to his Excellency Lord
Dorchester in consequence of that Statute and the 4*'' article of the Royal Instruc-
tions accompanying that Commission.

By the Quebec Act, Sect. 12.' it was enacted that His Majesty should & might
constitute and appoint a Council for the affairs of the province of Quebec, who should
have power and authority to make Ordinances for the peace welfare & good govern-
ment of the province with the consent of His Majesty's Governor, &c., and after
several provisions therein specified. It was also enacted at Sect. 17.

1. See Article 4 of the Instructions, page 14.

2. Owing to the uncertainty of the Constitution of the Court of Appeal the Lieutenant
Governor asked the Committee of the whole Council to report " what the Administration of
Justice in the Court of Appeals may require, with liberty to avail themselves of the Opinions
of the King's Solicitor General and of such Gentlemen of the Law as He may elect to His aid
therein." (Minutes of Executive Council, January 9, 1792). Opinions were secured from the
Solicitor General, Mr. Ogden, Mr. DeBonne, Mr. A. Panet, Mr. Berthelot Dartigny and Mr.
Jonathan Sewell. These formed part of the report of the Committee of Council and were
the basis of the Ordinance which follows. The opinion of the Solicitor General is here
given in the form in which it appears in the Minutes of the Executive Council, State Book A,
Lower Canada, page 30.

3. Constitutional Documents, 1759-1791, .Shortt and Doughty, 1907, page 404.

64 CANADIAN ARCHIVES

3 GEORGE v., A. 1913

" That notliing tborein contained should extend or be construed to extend
"^ to prevent or hinder His Majesty His Heirs or Successors, by His or their
" Letters Patent under the Great Seal of Great Britain from erecting consti-
" tuting and appointing Courts of Criminal Civil & Ecclesiastical Jurisdiction
" within & for the said province of Quebec, and appointing from time to time
" the Judges and Officers thereof,"

His Majesty by his Commission under the Great seal of Great Britain to His

Excellency Governor Carleton dated at Westminster the 3^ of January 1775, was
pleased " to give and grant unto His Governor full power & authority, with the
"■ advice & consent of His Council, to erect constitute & establish such & so
^'- many Courts of Judicature & public justice within his Government as he and they
'• should think fit & necessary for hearing &, determining all Causes as well
'' Criminal as Civil." — And also — " to grant to his Governor full power & authority
^■' to constitute and appoint Judges and other necessary Officers & Ministers for
^' the better administration of Justice and putting the Laws in execution."^

I am not armed with any of the Eoyal Instructions which accompanied that
Commission but His Majesty by his Commission delegates to the Governor & Council
the power of erecting the civil and criminal Courts, and to the Governor alone the
appointment of the Judges thereof.^

By the authority of the Quebec Act and His Majesty's said Commission, the
Governor & Legislative Council of the day by the Ordinance of 1777 ch. 1. article
4, erected a Superior Court of civil jurisdiction for hearing and determining Appeals.
It run in these words,

" The Governor & Council are hereby erected & constituted a superior
" Court of Civil Jurisdiction (whereof in the absence of the Governor and
" Lieutenant Governor the Chief Justice shall he President) for hearing &
'' determining all appeals from the inferior Courts of Civil Jurisdiction within
" the province, in all cases where the matter in dispute shall exceed the sum of
" Ten pounds sterling or shall relate to the taking or demanding any duty payable
" to His Majesty, or to any fee of Office, or annual rents, or such like matter or
" thing where the rights in future may be bound, though the immediate sum or
^' value appealed for be less than Ten pounds sterling. — And any five Mernbers
" of the said Council (the Judges who shall have given the Judgment appealed
" from excepted) with the Governor, Lieutenant Governor or Chief Justice shall
*' constitute a Court for that purpose, which shall sit the first Monday in every
^' Month throughout the year, and continue sitting each month as long as the
" business before it may require — And the said Court of Appeals shall have power
" to revise & examine all the proceedings in the Court below, and to correct
^' all errors both in fact and in Law, and to give such Judgment as the Court
" below ought to have given, and on such judgment to award and issue such
" execution as the law shall direct."^

Thus, in the year 1777, the Court of Appeals was erected, its Judges described,
and its Jurisdiction defined. But the existence of that Court extinguished on the day
of the commencement of the Canada Act in this province by the operation of the 1^*^
Section thereof,* which repeals so much of the Quebec Act as in any manner relates
to the appointment of a Council for the affairs of the province of Quebec, or to the
power given by the said Act to the said Council. It took effect here on the 26*''

1. See Canadian Archives, M 229, pa^es 42 and 43.

2. See Articles 12-19 of the Instructions to Carleton, Constitutional Documents, 1759-1791,
Shortt and Doughty, 1907, page 422.

3. Constitutional Documents, 1759-1791 Shortt and Doughty, 1907, page 464.

4. Ibid, page 694.

COIS'STITVTIOXAL DOCUMENTS " 65

SESSIONAL PAPER No. 29c

of December last in consequence of liis Excellency's proclamation^ of the IS^'^ ci
November issued pursuant to the 48*'^ Section of the Act.

By the SS*^ Section- all the Laws Statutes and Ordinances in force on the day
the Commencement of the said Act in this province are to remain & continue in force,
but with this exception, viz,

" Except in so far as the same are expressly repealed or varied by this Act,
" or in so far as the same shall or may hereafter by virtue of and under the
" authority of this Act be repealed or varied by His Majesty His Heirs or Suc-
" cessors by and with the advice & consent of the Legislative Council- & Assembly
" or in so far as the same may be repealed or varied by such temporary Laws or
" Ordinances as may be made in the manner hereinafter mentioned '* — alluding
to the 50^1^ Section.

The Ordinance of 1777 ch. 1. constituting the former Court of Appeals, describ-
ing its Judges, and ascertaining its Jurisdiction, was a Law in force on the day of
the commencement of the Canada Act — Here the Question is raised,

" "Whether the Constitution of that Court, the description of its Judges, and
''' the designation of its Jurisdiction, are, or any and what part of the is repealed
" or varied by the Canada Act ?"

The legal answer to this question will depend upon a right construction of the 34*^^
section, which runs in these words,

" And Whereas by an Ordinance passed in the province of Quebec the Gov-
" ernor and Council of the said province were constituted a Court of civil juris-
" diction for hearing & determining appeals in certain cases therein specified, Be
'■ it further Enacted by the authority aforesaid, That the Governor, or Lieutenant
" Governor, or person administering the Government of each of the said provinces
" respectively, together with such Executive Council, as shall be appointed by His
'' Majesty for the affairs of such province, shall be a Court of Civil Jurisdiction
" within each of the said provinces respectively, for hearing & determining appeals
"within the same, tn the liJce cases, and in the lilce manner & form, & subject to.
" the like appeal therefrom, as such appeals might before the passing of this Act
" have been heard and determined by the Governor & Council of the province of
"Quebec; but subject nevertheless to such other or further provisions as may be
•' made in this behalf, by any Act of the Legislative Council & Assembly of either
" of the said provinces respectively, assented to by His Majesty, his Heirs or
" Successors."

Here we see a new Court of Appeals erected immediately after the dissolution of
the former one, and a different description of the Judges of that Court, but with the
same Jurisdiction in every respect. The Governor or Lieutenant Governor, or person
administering the Government of the province, together ivith the Executive Council
are to compose the Court. The Court being so Composed are to hear and determine
appeals in the liJce cases and in the like manner & form, and subject to such appeal
therefrom, as heretofore under the Ordinances made in consequence of the Quebec
Act.. If it should be conceived that the presence of the Governor or Lieutenant
< Governor or person administering the Government is unnecessarj- upon the Bench,
it would then be reduced to the executive Council alone, which in my opinion is not
Warranted ,it would be irregular.^

As to the number of the Members of the Executive Council requisite for composing
a Court, with the Governor or Lieutenant Governor or person administering the Gov-
ernment, three members in my opinion in case a greater number cannot attend, may

1. See page 55.

2. Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 702.

3. This is the view expressed in all six opinions.
20c— 5

66 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

with the Governor or Lieutenant Governor or person administering the Government
compose a competent Court, and I ground my opinion upon the Clause in His Majesty's
Commission whereby the Executive Council or any three or more of the Members there-
of are empowered and required to tender & administer to the Governor the oaths therein
directed,* whence I conclude that the Governor and any three or more of the Members
are considered a competent Board of Council, and as such by the 34^^ Section of the
Statute may compose a competent Court of Civil Jurisdiction for hearing & deter-
mining Appeals; but for making Temporary Laws the consent of the major part of
the Executive Council is required by the 50*^ Section, I consider as I have before
observed, that so much of the article of the Ordinance of 1777 ch. 1. as relates to the
erection or constitution of the Court of Appeals, and the description of its Judges,
to be totally varied by the said 34*^ Section of the Act, and therefore what is mention-
ed in that article of the Ordinance of 1777 whereby the President and any five of the
Members of the then Legislative Council were to compose a Court, has no relation to
the Court as it now stands, constituted by the 34*** section of the Act, followed up
by the 4*^* article of the Eoyal Instructions.^

J£ this Interpretation of the Act is not admitted to be right, the subject as it
regards the King's Prerogative, becomes very delicate.

The Act says the Governor or Lieutenant Governor or person administering the
Government together with such executive Council as should be appointed by His
Majesty, are to compose the Court of Appeals. It is true that His Majesty's Com-
mission to the Noble Lord our Governor gives and grants to His Lordship full power
and authority with the advice of the executive Council, hut subject nevertheless to
the provisions of the said Act, land to such further powers, authorities and Instructions
as His Majesty may therewith or at any time thereafter give to His Governor in that
behalf under his Majesty's signet & sign manual or by his Order in his privy
Council, to erect constitute and establish such Court or Courts of Judicature and
public justice within this province as He and they should think fit for the hearing &
determining of all Causes as well Criminal as Civil according to Law and equity — And
that His Majesty therein empowers the Governor to constitute & appoint Judges
&c. But the Canada Act has erected, constituted & established the now Court of
Appeals for this province, and His Majesty has been graciously pleased to constitute
and appoint the Judges thereof — Therefore 1 humbly conceive it to be rinsafe under
any Construction of the 50*^^ Section to deviate by any temporary law to be made,
from the Act itself either respecting the constitution of the Court, or the description
of the Judges thereof.

There are seven Members of the Executive Council resident within the province,
and at any rate His Excellency the Lieu** Governor with a majority of the nine mem-
bers named (if your Honors should think I am wrong in my opinion that three are
sufiicient) will compose a competent Court.

I am therefore of opinion that the Constitution of the present Court of xVppeals
and the description of the Judges thereof, require no declaratory or Explanatory Law,
the same being sufficiently explicit in the words of the Statute and in the Royal In-
struction.

1. For the Commission, see page 5. For a decision relative to a quorum of the Execu-
tive Council in Upper Canada, see page 214.

2. On this question a difference of opinion arose. Mr. Ogden considered it a proper ques-
tion for Legislation. He was of opinion that if the whole of the fourth Article of the Ordin-
ance of 1777 was harely intended to constitute the Court of Appeals then it was repealed by
the Act oX 1791. But if the second section of the fourth article was to he considered as park
of the Practice and Procedure of the Court it still remained in force and five members would
constitute a quorum. Mr. DeBonne says " je suis clairement d'opinion que le raeme nombre
qui composoit I'ancienne Cour d'apel, est requis pour celle actuelle" (State Book A, Lower
Canada, page 48) and Mr. Panet "dans le doute du nombre competent des Juges d'Appels, la
majority des Conseillers executifs en Cour pourroit etre adoptee". (State Book A, Lower
Canada, page 52.) Mr. Sewell argued that the phrase "Manner and form" could be con-
strued to include the number and description of members necessary to constitute the court.

CONSTITUTIONAL DOCUMENTS 67

SESSIONAL PAPER No. 29c

With respect to the designation of the Jurisdiction of the present Court of Appeals
the 33"^ Section of the Canada Act^ continues in force all the Laws Statutes &
Ordinances of the province, to be executed as heretofore, with exception to so much
of the 4*^ Article of the Ordinance 1777^ as I have already spoken to: Therefore
their jurisdiction, under the Canada Act, in so far as relates to that article is,

" To hear & determine all appeals from the inferior Courts of Civil Juris-
" diction within this province of Lower Canada, in all cases where the matter
''in dispute shall exceed the sum of Ten pounds sterling, or shall relate to the
" taking or demanding any duty payable to His Majesty, or to any fee of Office
" or annual rents, or other such like matter or thing where the rights in future
" may be bound though the immediate sum or value appealed for be less than
" ten pounds sterling — They are to revise and examine all the proceedings of
" the Court below, correct all errors both in fact and in Law, give such judg-
"ment as the Court below ought to have given, and on such Judgment to award
" and issue such execution as the Law shall direct — And the Court is required
" to sit the first Monday in every month throughout the year, and continue
'' sitting each month as long as the business before it may require."
Other points are committed to their Jurisdiction by other Laws & Ordinances of
the province.

The jurisdiction of the present Court of Appeals, under the Canada Act is
therefore the same in every respect with the Jui'isdiction vested in and exercised by
the former Court of Appeals. This subject therefore requires no explanatory Law.

By the 4*'^ article of the Royal Instructions to His Excellency Lord Dorchester
bearing date at S*- James's the IG^'* of September last, the Royal will and pleasure is
expressed that the Governor should permit & allow Appeals unto him & the
Executive Council in manner prescribed by the Act, and should issue a Writ as
nearly in the accustomed manner as the case should admit returnable before himself
& the Executive Council, who are to proceed to hear & determine such appeals
wherein such of the executive Council as shall he at that time Judges of the Court
from whence such Appeal shall be so made shall not be admitted to vote upon the said
appeal, but they may be present to give the reasons of the Judgment given by them
in the Causes wherein such appeal may be made, provided that in all such appeals
the sum or value appealed for do exceed the sum of Three hundred pounds sterling,
and that security be first duly given &c.

Two Questions arise upon this article,

I3t — Whether a Judge of the inferior Court being a Member of the Executive
Council, who did not sit in Judgment in the cause, can sit as a Judge in Appeal.

2^ — Whether the Governor or Lieutenant Governor or person administering the
' Government of the province can legally permit & allow & issue a Writ of Appeal, in
cases under the sum or value of Three hundred pounds, but greater than ten pounds
sterling.

By the Ordinance of 1777 ch. 1. Article 4. The Judges who should not have sat

'II Judgment in the inferior Court, were p^ermitted to sit upon the Bench in the Court

of Appeals, and to vote upon the decree there to be pronounced — By this article of

he Royal Listructions it is expressed that '^ such of the Executive Council as shall

" he at that time Judges of the Court from whence such appeal shall he made, shall not

he admit fed to vote upon the said appeal — But it procce.ls by admitting them (the

Tiidges of the Court) to be present to give the reasons of the Judgment givenhythem.

•^ Honorable M' Dunn' is at present the only Member of the Executive Council

"0 is also a Judge of the Court of Common pleas as well for the Districts of Montreal

1. Constihdinnal Documenis, 1759-1791, Shortt and Doiightv. 1907, page 702.

2. Ibid, page 4G4

3. See page 14, note 5.
29c— 54

68 C'.4-V.4D7.i.V ARCHIVES

4 GEORGE v., A. 1914

& Three Rivers as for the District of Quebec; lie might under the Ordinance of
1777 sit in Judgment in the Court of Appeals upon any sentence of the Common
pleas in either district wherein he had not been upon the Bench giving the sentence
of the inferior Court; but I think the safer and perhaps the better opinion upon the
Royal Instruction is, that no Member of the Executive Council who shall be at the
time Judge of the Court from whence the appeal is made should vote upon any
appeal from the Court wherein he is a Judge, until the Royal pleasure in this
respect shall hereafter be communicated to His Majesty's Governor.^

The second Question is, " Whether the Governor &c. can legally permit & allow
" & issue a Writ of appeal in cases above Ten pounds but inferior to three hundred
''pounds sterling?"

I have already expressed my opinion that under the 34*^ section of the Canada
Act the new Court of Appeals can now proceed to hear and determine Appeals in the
like cases i.e., in all cases above the sum or value of Ten pounds sterling, and in the
like maimer & form, as the former Court of Appeals might — But by the Royal In-
struction it is provided that in all such Appeals the sum or value appealed for do
exceed the sum of Three hundred pounds sterling.

If it be conceived that the Royal Instruction is to take immediate effect, a
tt^mporary law should be made for that purpose, if it be thought fit that the Courts
of Common pleas are to be invested with an ultimate Jurisdiction to that extent.
But I humbly conceive that His Excellency the Governor &c. may under the
Canada Act proceed in all cases in the same manner as heretofore, until His Majesty's
Royal will and pleasure shall in this respect hereafter be communicated to his
Governor.

All which is very respectfully submitted to your Honors consideration and wisdom.

(Signed) J. WILLI AMS,2

SoF Gen'.
30*^ January, 1703.

G.R.

AN ORDINANCE RELATING TO CAUSES IN APPEAL TO THE COURT
OF THE GOVERNOR AND EXECUTIVE COUNCIL.^

Anno Trieesimo secundo G^orgii Tertii Regis.

CHAP. L

Passed 24*>^ Feb. 1792.

P, A. De Bonne,
A.S.

Whereas an Act of Parliament was lately passed, intitled, "An Act to repeal
certain parts of an Act passed in the fourteenth year of His Majesty's Reign
entitled an Act for making more effectual provision for the Government of the
Province of Quebec in North America, and to make further provision for the
Government of the said Province."

1. See the Additional Instruction, page 71.

2. Mr. Jenkin Williams had been appointed Solicitor General and Inspector of the Royal
Domain, December 14, 1782. Since 1776 he had been Clerk of the Legislative Council of Que-
bec and, on the formation of Lower Canada, was appointed Clerk of the Executive Council.
In 1793 he was made a justice of the Court of Common Pleas and on the reorganization of the
judiciary in 1794 became a justice of the Court of King's Bench for the District of Quebec.
Later he held a seat in both the Executive and Legislative Councils.

3. From the copy of the ordinance published in The Quebec Gazette, March 1, 1792.

CONSTITUTWXAL DOCUMEXTS 69

SESSIONAL PAPER No. 29c

And Whereas it is by tlie said Statute first afore-mentioned, enacted that the
Governor, Lieutenant Governor or person administering the Government of Lower
Canada, together with such Executive Council as should be appointed by His Majesty
for the Affairs of the said Province shall be a Court of Civil Jurisdiction -within
the said Province, for hearing and determining Appeals within the same in the like
oases and in the like manner, and form and subject to such Appeal therefrom as
such Appeals might before the passing of the said Act have been heard and deter-
mined by the Governor and Council of the Province of Quebec, but subject never-
theless to such further order or other provisions as might be made in that behalf
by any Act of the Legislative Council and Assembly of the said Province assented
to by His Majesty, His Heirs or Successors. Axd Whereas, it was by the said
Statute also enacted. That the former Ordinances in force at the day of the com-
mencement of the said Statute should remain and continue to be of the same force
as if the said Statute had not been passed, except in so far as the same was expressly
repealed or varied by the said Statute, or in so far as the same should be or might
thereafter by virtue of and under the authority of the said Statute be repealed or
varied by His Majesty, His Heirs or Successors, by and with the advice and consent
of the Legislative Council and Assembly of the said Province, or in so far as the
same might be repealed or varied by such temporary Laws or Ordinances as might
be made in the manner therein after specified.^

And Whereas it was further by the said Statute enacted, That in such interval
as might happen between the commencement of that Statute within the said Pro-
vince of Lower Canada and the first meeting of the Legislative Council and
Assembly, it should and might be lawful for the Governor or Lieutenant Governor
thereof, or for the person administering the Government therein, with the consent
of the major part of such Executive Council as should be appointed by His Majesty
for the Affairs of the said Province, to make temporary Laws and Ordinances for the
good government, peace and welfare of such Province, in the same manner and
under the same restrictions as such Laws or Ordinances might have been made by
♦the Council for the Affairs of the Province of Quebec, constituted by virtue of the
afore-mentioned Act of the fourteenth year of the Eeign of His present Majesty,
and that such temporary Laws and Ordinances should be valid and binding within
the said Province until the expiration of six months after the Legislative Council
and Assembly of the said Province of Lower Canada shall be first assembled by
virtue of and under the authority of the said Statute, subject nevertheless to be
sooner repealed or varied by any Law or Laws which might be made by His Majesty,
His Heirs or Successors, by and with the advice and consent of the said Legislative
Council and Assembly.^

And it being highly expedient to take away all doubts and scruples respecting
the legal authenticity of the Acts and Proceedings of the Court of Appeals, by the
said Statute enacted or intended to be enacted, be it therefore enacted, ordained
and declared by His Excellency the Lieutenant Governor and the Executive Council
of the Province of Lower Canada, and it is accordingly enacted, declared and
ordained by the Authority of the same. That it shall be no valid objection in the
Law to the Authority of the present Court of Appeals, substituted in the plao© and
stead of the Court of Appeals which existed in the Province, at and immediately
before the commencemen,t of the said Statute of the thirty-first year of His Majesty's
Reign, that the said present Court proceeded in any business therein with fewer
Members of the Executive Council than five, if the number of sitting and acting
Members are not less than three.

1. Constitutional Act, Article XXXIII. Constitutional Documents, 1759-1791, Shortt and
Doughty, 1907, pajre 702.

2. Constitutional Act, Article L, ibid, page 708.

70 ■"' CANADIAN ARCHIVES

4 GEORGE v., A. 1914

And be it further enacted, declared and ordained, That the present Court of
Appeals erected and established and proceeding in manner afore-mentioned, shall be
deemed and adjudged to be fully vested with all the Jurisdiction, cognizance, Power
and Authority at any time heretofore lawfully exercised by or vested in the Court
of Appeals heretofore held for the Province of Quebec, at and immediately before
the partition thereof into the two Provinces of Upper and Lower Canada. And that
all Actions and Causes whatsoever pending in the said former Court of Appeals,
immediately before the dissolution thereof, as well as all Appeals since brought, or
to be hereafter brought in the present Court of Appeals, and which might have been
appealable to the said former Court, shall be appealable to and be proceeded in,
adjudged and determined in such course and manner in the present Court of
Appeals, as they lawfully might be in the said former Court of Appeals, if the said
former Court of Appeals had not been discontinued and dissolved.

ALFRED CLARKE.

DUNDAS TO CLARKE.J

Whitehall 12"» July 1792.

Lieu* Gov'' Clarke

Sir, I have received your Letters numbered from 24 to 29 both inclusive, and
haTe had the honor of laying them with their several Inclosures before the King.

I herewith transmit to you the Report of His Majesty's Law Officers on the sub-
ject of the Memorial inclosed in Your Letter N°. 3^ which I hope will satisfy the
doubts which have arisen in the Minds of the Persons concerned.

It appears by the late Act that the Governor, Lieutenant Governor or Person
administering the Government, with the Executive Council of the Province form a
Court of Appeal for such Province to be holden " m the same manner and form "
as it was before held by the Governor and Council of the Province of Quebec.

If therefore it was a requisite to that Court of Appeal, that the Governor, Lieut.
Qovernorj or Person administering the Government should preside therein, in
Person, I conclude it is to be also so in the Present Court. But if it was not then
deemed requisite, (which I understand to be the case) neither is it so now by tho
tenor of the Act. If however, there are any well founded doubts on the subject, I
see no reason why (as provision is made for such alterations by the above mentioned
Act of Parliament) an Act of the Legislative Council and Assembly should not be
passed, requiring the Governor, Lieutenant Governor or Person Administering the
Gorernment to preside only when he shall be resident in Quebec, or within a certain
distance from the same; such Act (if at all requisite) should nevertheless, when
passed, be reserved for the signification of His Majesty's pleasure thereon.

I cannot help observing with regret that such is the course of Justice, as to
occasion Appeals to the extent your Letter presumes. It bespeaks a degree of dis-
satisfaction at the Courts below which must occasion great inconvenience and detri-
ment to all Suitors.

Inclosed are additional Instructions concurring with your Suggestions in allow-
ing such Members of the Court of Appeal as are at the same time Judges in the
Courts below, to vote in certain cases.

1. From copy in the Canadian Archives, Q. 77a, page 25.

2. The reference is to Clarke's letter No. 23 of March lOth which contained a memorial
on the question of the qualification for the franchise. See page 107, note 1.

CONSTITUTIONAL DOCUMENTS 71

SESSIONAL PAPER No. 29c

I have also transmitted you His Majesty's Pardon for the Convicts mentioned
in your Letter N*** 28 under the conditions therein mentioned.

I am &e.
(Signed) HENRY DUNDAS,

GEOEGE R. ADDITIONAL INSTRUCTION.^

to our Right Trusty and wel beloved Guy Lord Dorchester, Knight of the most
Honorable Order of the Bath, Our Captain General and Governor in chief in and
over our Province of Lower Canada in America; or in bis absence to the
Lieutenant Governor or Commander in Chief of our said Province for the time
being. Given at our Court at Saint James's the twelfth day of July 1792, in the
Thirty second year of our reign.

Whereas by our General Instructions to you, bearing date at St. James's the six-
teenth day of September, 1791, It is declared amongst other things to be our Royal
Will and pleasure that in hearing and determining any appeal which shall be brought
before you and our Executive Council therein mentioned in the manner prescribed
by the said Instructions, such of the said Executire Council as shall be at any time
Judges of the Court from whence such Appeal shall be 3o made to you Our Captain
General and Governor in Chief, and to our said Executive Council, shall not be per-
mitted to vote upon the said Appeal.^

Now our Will and Pleasure is, that the Members of our said Executive Council,
who are Judges as aforesaid, shall be admitted to vote upon any appeal, in case they
have not in the same Cause, assisted as Judges in the Court from which such appeal
shall be made.

CLARKE TO DUNDAS.^
No. 33.

Quebec 2«^ July 1792.
Sir

In compliance with the late Act* and the Royal Instructions,^ I caused to be
issued on the 7*^^ May a Proclamation (Copy of which is inclosed) dividing the
Province into Counties, Cities and Boroughs; and ascertaining the Number of Repre-
sentatives to be chosen in each, which you will find is not exactly conformable to
the suggestions of your Letter^ of the 16*^ September last, relative to William Henry

1. The Instructions are not copied in Q 77a. This text is from the copy entered in the
minntes of the Executive Council of Lower Canada, State Book A, page 220. A similar
Instruction of the same date was sent to Lord Dorchester as Governor of Upper Canada.
See Canadian Archives, M 232, page 46.

2. See page 15.

3. From the original copy in the Canadian Archives, Duplicate Despatches, Lower Can-
ada. 1792.

i. See Article XIV of the Constitutional Act. Constitutional Documents, 1759-1791, Shortt
and Doughty, 1907, page 698.

5. See Article 13 of the Instructions to Txird Dorchester, page 17.

6. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 692. Mr.
Dundas had recommended that " excepting in the instances of Trois Rivieres St. John, &
William Henry, each of the other Circles and Towns or Townships in Lower Canada should
elect one Representative." In his despatch to Clarke of August 15, 1792, Dundas wrote: "I
approve of the Proclamation enclosed in your letter N° 33 both as to the Disposition of the
Province (its present state considered) and as to the appropriation of Representatives for the
same. The time for the actual commencement of the first Session, as well as the intermediate
Steps proposed by you, appear likewise to be perfectly proper." (The Canadian Archives,
Q 59, pt. 2, page 59C.)

72 CANADIAN ARCHIVE,^

4 GEORGE v., A. 1914

anl b' Johns, one Member being thought sufficient for the first, and the latter not
considered of sufiieient consideration to merit any distinction at all; Nor was it in
general practicable, from the present state and situation of the Country, to divide
the Province into so many Counties, as would have been necessary, if only one
Member has been assigned to each; I have, however, had the pleasure to learn that
the division therein described has given more general satisfaction, than might have
been expected in a business so difiicult in itself, and so little understood by the
people in general: This being done I consulted the Council as to the time of calling
together the General Assembly, and with their advice fixed that the Writs of Election
should be tested the 24*^ May and returnable on the 10*'^ July instant, being the
period between Seed time and the Hay-harvest, and on all accounts the least
inconvenient to the Country in general.

In conformity thereto I appointed Returning Officers for the respective Counties,
and issued Writs of Election for each, together with Writs of Summons to the
Gentlemen nominated to the Legislative Council.^

It having been found necessary to appoint a Clerk of the Crown in Chancery,
The Honble Hugh Finlay has been nominated by me to that Office, and in con-
formity to the Royal Instructions I now report the same, though no Salary has been
attached to it.^

Conceiving, however, that a Meeting at the time beforementioned would be
attended with inconvenience on account of the approaching Harvests, I have with
the advice of the Council issued a Proclamation proroguing the General Assembly to
the 20*'^ of August, and by interim Prorogations, of about forty Days each, agreeable
to the practice in England, shall defer the actual Assembling till the 3'''^ of December
next,* at which time the Navigation being closed, and the Roads good, all parties
may proceed upon the public business without interruption to their private affairs.

I have the honor to be, with great respect.
Sir,
Your most obedient, and

most faithful humble servant

The Right Honble ALURED CLARKE.

Henry Duxdas.

PROCLAMATION DIVIDING THE PROVINCE OF LOWER CANADA INTO
COUNTIES AND ELECTORAL DISTRICTS.^

Alured Clarke,

George the Third by the Grace of God, of Great Britain France and Ireland,
King, Defender of the Faith, &c. To all Our loving Subjects whom these presents
may concern. Whereas in pursuance of an Act of Parliament lately made and
provided, passed in the Thirty first Year of Our Reign and of Authority by lis given

1. See the Minutes of the Executive Council, May 14, 1792, Canadian Archives, State Book
A, Lower Canada, page 92.

2. See the Canadian Archives, State Book A. Lower Canada, pp. 93-95.

3. In the absence of George Pownall, Mr. Finlay was at this time actin^ as Secretary of
the Province, Reo;arding this appointment Mr. Diandas wrote " The appointment of a Clerk
of the Crown in Chancery is chiefly I conceive for the issuing of Writs of Summons and
Election, and in no wise interfering with the Duties of the Secretary of the Province. The
Salary for such an Office seems naturally to arise from Fees or an allowance for each Writ, to
be granted and permanently annexed to the office by an Act of the Legislature." Dundas to
Clarke, August 15, 1792. Canadian Archives, Q 59, pt. 2, page 597. See also page 14, note 3.

4. The Assembly did not meet \intil the 17th of December.

5. From The Quebec Gazette of Thursday, May 24, 1792. The division into counties is
represented in the "Plan of part of the Province of Lower Canada, Made by order of Lord
Dorchester, 1794 and 1795," here reproduced.

COySTITUTIONAL DOCVME^TS 73

SESSIONAL PAPER No. 29c

for that purpose, Our late Province of Quebec is become divided into the two Pro-
vinces of Upper Canada and Lower Canada, and Our Lieutenant Governor of the
said Province of Lower Canada by Power from Us derived, is authorized in the
absence of Our Eight Trusty and Wellbeloved Guy Lord Dorchester, Captain
General and Governor in Chief of Our said Province of Lower Canada to divide the
said Province of Lower Canada into Districts, Counties, Circles or Towns and Town-
ships for the purpose of effectuating the intent of the said Act of Parliament, and
to declare and appoint the number of Representatives to be chosen by each to serve
in the Assembly of the said Province. Kxow Ye Therefore, that Our Trusty and
Wellbeloved Alured Clarke, Our Lieutenant Governor of Our said Province of
Lower Canada, in the absence of Our said Governor in Chief, hath and by this Our
Proclamation doth divide the said Province of Lower Canada into Counties, Cities,
and Towns, and declare and appoint the number of the Representatives of them and
each of them to be as herein after limited, named, declared and appointed, that is
to say, that the first of the said Counties be all that part of the said Province on the
Southerly side of the River of St. Lawrence, now called the District of Gaspe, as
described in Our Royal Proclamation under the Great Seal of Our late Province
of Quebec, bearing date the twenty-fourth day of July in the twenty-eighth year of
Our Reign ;^ and that the second of the said Counties to be called Cornwallis, shall
comprehend all that part of Our said Province on the same side of the River St.
Lawrence between the said County of Gaspe and a line running South-east from
the westerly angle of a tract of land commonly called the Seigniory of Mr. Lauchlan
Smith or St. Ann's, together with the Islands of St. Barnaby and Bic, and all other
Islands in the said River nearest to the said County, and in the whole or in part
fronting the same; and that the third of the said Counties to be called Devon, shall
comprehend all that part of Our said Province on the same side of the said River of
St. Lawrence between the westerly side of the said County of Cornwallis and a line
parallel thereto running from the westerly angle of a tract of land commonly called
the Seigniory of the River du Sud, together with all the Islands in the River St.
Lawrence nearest to the said County, and in the whole or in part fronting the same; and
tliat the fourth of the said Counties be called Hertford, shall comprehend all that
part of Our said Province on the southerly side of the said River St. Lawrence between
the westerly side of the said County of Devon and a line parallel thereto, running
from the northeasterly angle of a tract of land commonly called the Seigniory of
Lauzon or the Seigniory Point Levy, together with all the Islands in the said
River St. Lawrence nearest to the said County, and in the whole or in part fronting
the -same; and that the fifth of the said Counties to be called Dorchester, shall com-
prehend all that part of Our said Province on the southerly side of the said River
St. Lawrence, between the westerly side of the said County of Hertford and a line
parallel thereto, running from the westerly angle of the aforesaid tract of land
called the Seigniory of Lauzon or the Seigniory of Point Levy, together with all
the Islands in the said River St. Lawrence nearest to the said County, and in the
whole or in part fronting the same; and that the sixth of the said Counties to be
called Buckinghamshire, shall comprehend all that part of Our said Province on
the southerly side of the said River St. Lawrence between the westerly side of the
said County of Dorchester and a line parallel thereto, running from the northeasterly
angle of a tract of land commonly called the Seigniory of Sorel, together with all
the Islands in the said River St. Lawrence (or Lake St. Peter) nearest to the said

1. By the Proclamation of Jnly 24, 1788, several new Districts were formed and amonof
them the District of Gaspe. It is described thus — " to comprehend all that part of Our said
Province on the Southerly side of the river Saint Lawrence, to the Eastward of a North and
South line intersecting the North-easterly side of Cape Cat, which is on the Southerly side
of tlie said river." See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page
C51.

74 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

County, and in the whole or in part fronting the same; and that the seventh of the
said Counties to be called Richlieu, shall comprehend all that part of Our said
Province on the southerly side of the said River St. Lawrence, between the westerly
side of the said County of Buckinghamshire and the following lines, that is to say,
a line running south-east from the westerly angle of a tract of land commonly called
the Seigniory of St. Ours, until the same shall intersect the easterly bank of the
River Sorel, otherwise called the River Richlieu or Chambly, thence up the easterly
bank of the said River to the northeasterly bounds of a tract of land
commonly called the Seigniory of Rouville, and thence by a line running
south-east to the limits of Our said Province, together with all the Islands
in the River St. Lawrence (or Lake St. Peter) nearest to the said County,
and in the whole or in part fronting the same, and together also with
all the Islands in the River Sorel, Richlieu or Chambly nearest to the
said Coimty, and in the whole or in part fronting the same, including in the
said County the tract of land comprehended within the limits of the Town or
Borough of William Henry herein after described; and that the eighth of the said
Counties to be called Bedford, shall comprehend all that part of Our said Province
on the easterly side of the River Sorel, otherwise called the Richlieu or Chambly,
between the said River and the westerly side of the aforesaid County of Richlieu,
together with all the Islands in the said River Sorel, otherwise called Richlieu or
Chambly, nearest to the said County and in the whole or in part fronting the 6am«;
and that the ninth of the said Counties to be called Surrey, shall comprehend all
that part of Our said Province on the southerly side of the River St. Lawrence,
between that River and the River Sorel, Richlieu or Chambly, and between the
afore-mentioned south-east line running from the westerly angle of the tract of land
called the Seigniory of St. Ours and a line parallel thereto, running from the
westerly angle of a tract of land commonly called the Seigniory of Varrennes,
together with all the Islands in the said River St. Lawrence nearest to the aaid
County, and in the whole or in part fronting the same, and together also with all the
Islands in the River Sorel, Richlieu or Chambly nearest to the said County, and in ^
the whole or in part opposite thereto on that side; and that the tenth of the said
Counties to be called Kent, shaU comprehend all that part of Our said Province on
the southerly side of the River St. Lawrence between that River and the River Sorel,
Richlieu or Chambly, and between the westerly side of the said County of Surrey
and a line parallel thereto, running from the westerly angle of a tract of land com-
monly called the Barony of Longueuil, together with all the Islands in the said River
St. Lawrence nearest to the said County, and in the whole or in part fronting the
eame, and together also with all the Islands in the said River Sorel, Richlieu or
Chambly nearest to the said County, and in the whole or in part opposite thereto on
that side; and that the eleventh of the said Counties to be called Huntingdon, shall
comprehend all the rest of Our said Province of Lower Canada on the southerly side
of the said River St. Lawrence, together with all the Islands in the said River St.
Lawrence and in the River Sorel, otherwise called the Richlieu or Chambly nearest
to the said County; and that the twelfth of the said Counties to be called York, shall
comprehend all that part of Our said Province of Lower Canada on the northerly
side of the said River St. Lawrence, between the uppermost limits thereof and a
line running west north west^ from the southeasterly angle of a tract of land com-

1. Begarding this line a note on the Plan of part of the Province of Lower Canada
made by order of Lord Dorchester, 1794 and 1795, says " owing also to an error in the former
Plan, a mistake wag made in the Proclamation respecting the course or bearing of the line
of the Seigneurie of Dumont (on the north side of the Lake of Two Mountains) which forma
the division line between the counties of York & Effingham. This line is called West North
West in the Proclamation, whereas it should have been called North West the same
&s the lines of the other Seigneuries on the River St. Lawrence, as appears by the Records
Ex. Secy. No. 191."

CONSTITUTIONAL DOCUMENTS 75

SESSIONAL PAPER No. 29c

monly called the Seigniory of Dumont, together with the Islands of Perot and
Bizarre, and all the other Islands in the Eivers St. Lawrence and Ottowa nearest to
the said County, and in the whole or in part fronting the same, excepting the Islands
of Jesus and Montreal; and that the thirteenth of the said Counties to be called
Montreal, shall comprehend the Island of Montreal including likewise such part
thereof as shaU be comprehended within the limits of the City and Town of Montreal
herein after described; and that the fourteenth of the said Counties to be called
Effingham, shall comprehend all that part of Our said Province on the northerly
side of the Eivers St. Lawrence and Ottowa, between the easterly side of the afore-
side Coxmty of York and a line parallel thereto riinning from the south easterly
angle of a tract of land commonly called the Seigniory of Terrebonne, together with
the Island of Jesus and all the other Islands in the said Eivers St. Lawrence and
Ottowa in the whole or in part fronting the said County, except the aforesaid
Island of Montreal ; and that the fifteenth of the said Counties to be called Leinster,
shall comprehend all that part of Our said Province on the northerly side of the
said Eivers St. Lawrence and Ottowa, between the easterly side of the said County of
Effiingham and a line running north-west from the southeasterly angle of a tract
of land commonly called the Seigniory of St. Sulpice, together with all the Islands in
the said Eivers St. Lawrence and Ottowa nearest to the said County, and in
whole or in part fronting the same; and that the sixteenth of the said Counties to
be called Warwick, shall comprehend all that part of Our said Province on the
northerly side of the Eiver St. Lawrence between the easterly side of the said County
of Leinster and a line parallel thereto, running from the southeasterly angle of a
tract of land commonly called the Seigniory of Berthier, together with all the
Islands in the said Eiver St. Lawrence nearest to the said County, and in the whole
or in part fronting the same; and that the seventeenth of the said Counties to be
called St. Maurice, shall comprehend all that part of Our said Province on the
northerly side of the Eiver St. Lawrence between the easterly side of the said County
of Warwick, and a line parallel thereto running from the southeasterly angle of a
tract of land commonly called the Seigniory of Batiscan, together with all the
Islands in the said Eiver St. Lawrence nearest to the said County, and in the whole
or in part fronting the same, including within the said County the tract of land
comprehended within the limits of the Town and Borough of Three Eivers herein after
described; and that the eighteenth of the said Counties to be called Hampshire, shall
comprehend all that part of Our said Province on the northerly side of the Eiver St.
Lawrence, between the easterly side of the said County of St. Maurice and a line par-
allel thereto running from the southwesterly angle of a tract of land commonly called
the Seigniory of St. Gabriel, together with all the Islands in the said Eiver St.
Lawrence nearest to the said County, and in the whole or in part fronting the same;
and that the nineteenth of the said Counties to be called Quebec, shall comprehend
all that part of Our said Province on the northerly side of the Eiver St. Lawrence
b«-.tween the easterly side of the said County of Hampshire, and a line running nortli
north-west from the southwesterly angle of a tract of land commonly called the
Seigniorj^.of Beaupre, near the mouth of the Eiver Montmorency, together with all
the Islands in the said Eiver St. Lawrence nearest to the said County, and in the
whole or in part fronting the same, (except the Island of Orleans,) including within
the said County the tract of land comprehended within the limits of the City and
Town of Quebec herein after described; and that the twentieth of the said Counties
to be called Northumberland, shall comprehend all the rest of Our said Province on the
northerly side of the Eiver St. Lawrence, and on the easterly side of the said County
of Quebec, together with the Island of Coudre and all the other Islands in the said
Eiver St. Lawrence nearest to the said County, and in the whole or in part fronting
the same, except the Island of Orleans ; and that the twenty-first of the said Counties

76 CAXADIAX ARCH IVES

4 GEORGE v., A. 1914

to be called Orleans, shall compreliend the said Island of Orleans ; and that the first of
the said Cities to be called (as heretofore) the City and To^vn of Quebec, shall com-
prehend all that tract or promontory of land (being part and parcel of the aforesaid
County of Quebec,) between the Rivers St. Lawrence and St. Charles, bounded in
the rear by a right line running along the easterly front of the Convent called the
General Hospital, and continued from Eiver to Eiver; and that the said City and
Town of Quebec be, and the same is hereby declared to be divided into two parts,
to be called respectively the Lower Town and the Upper Town, and that the said
Lower Town shall comprehend all that part of the said tract or promontory of land
situate below the Hill called Cape Diamond, and the fortifications and high ground
beyond them, including both sides of the road passing the Intendants Palace and
Saint Eoc, until the said road shall meet the afore-mentioned rear-line continued from
the easterly front of the General Hospital aforesaid, together with the ground up
Mountain-street on the easterly side thereof as high as the ground of the Bishop's
Palace, not including the same, and on the westerly side of Mountain-street as high
as the alley leading to the old Chateau of Saint Lewis, from the head of the steps
opposite to the gate of the said Bishop's Palace; and that the said Upper
Town shall comprehend all the rest of the said tract or promontory of land within
the limits above described for the City of Quebec; and that the second
of the said Cities to be called (as heretofore) the City and Town of Montreal,
shall comprehend all that tract or parcel of land (being part and parcel of the afore-
said County of Montreal) bounded in front by the Eivex' St. Lawrence, and in the rear
by a line parallel to the general course of the fortification walls on the rear of the said
Town at the distance of one himdred chains from the Gate commonly called the St.
Lawrence Gate, and bounded on the easterly or lowermost side by a line running par-
allel to the general course of the fortification walls on the easterly or lowermost side of
the said Town, at the distance of one hundred chains from the gate towards the Quebec
Suburbs, commonly called the Quebec Gate, and on the westerly or uppermost side by a
line running parallel to the general course of the fortification walls on the westerly or
uppermost side of the said Town at the distance of one hundred chains from the gate
towards the St. Anthony Suburbs, commonly called the Eecolets Gate, and that the
said City and Town of Montreal be, and the same is hereby declared to be divided into
two parts to be called respectively the Easterly ward and AVesterly ward, and that
the said Easterly ward, shall comprehend all the easterly or lowermost part of the said
tract above described, bounded on the westerly or uppermost side by a line running
through the middle of the main street of the St. Lawrence Suburbs and the continuation
thereof, and through the middle of the street called Congregation-street, Notre Dame-
street, and along the middle of the same westerly to the middle of St. Joseph-street,
and thence down the middle of St. Joseph-street to the Eiver; and that the said West-
erly Ward shall comprehend all the rest of the said tract or parcel of land within the
limits above described; and that the first of the said Towns or Boroughs to be called
the Town or Borough of Three Eivers, shall comprehend all that tract or parcel of
land (being part and parcel of the aforesaid County of St. Maurice) bounded in the
front by the Eiver St. Lawrence, and in the rear by a line parallel to the general
course of the said front, at the distance of one hundred and sixty chains from the -west-
erly point of the mouth of the Eiver St. Maurice, on the easterly side by the said Eiver
St. Maurice, and on the westerly side by a line rectangular to the aforesaid rear line,
running from a point therein at the distance of one hundred and sixty chains from
the westerly bank of the said Eiver St. Maurice until it strikes the said Eiver St.
Lawrence; and that the second and last of the said Towns or Boroughs to be called
the Town or Borough of William Henry, shall comprehend all that tract or parcel of
land (being part and parcel of the aforesaid County of St. Maurice) bounded in the front
by the Eiver Sorel, otherwise called the Eiver Eichlieu or Chambly, in the rear by a line
parallel to the easterly side of the Eoyal Square of the said Town at the distance of

CoySTITCTIOXAL DOCUMEyTS 77

SESSIONAL PAPER No. 29c

one hundred chains therefrom, on the northerly side by the River St. Lawrence, and
ou the southerly side by a line parallel to the southerly side of the Royal
Square of the said Town at the distance of one hundred and twenty
chains therefrom. Axd Kxow ye also^ that Our said Lieutenant Governor hath
also declared and appointed, and doth hereby declare and appoint that the
several Counties of Cornwallis, Devon, Hertford, Dorchester, Buckinghamshire,
Richlieu, Surrey, Kent. Huntingdon, York, Montreal, Effingham, Leinster, Warwick,
St. Maurice, Hampshire, Quebec and Northumberland, afore-mentioned, shall and may
be represented in the Assembly of the said Province by two Members or Representa-
tives to be duly chosen in and for each of the same Counties respectively; and the
Counties of Gaspe, Bedford and Orleans, by only one Member or Representative for
each of the said Counties respectively; and the Cities or Towns of Quebec and Mon-
treal respectively, by four Members or Representatives for each of the said Cities or
Towns, to wit, two for each Subdivision thereof respectively; and the Town or
Borough of Three Rivers, by two Members or Representatives for the said Town or
Borough ; and the Town or Borough of William Henry, by only one Member or Repre-
sentative for the said Town or Borough. Of which Our loving Subjects and all others
concerned are to take due notice and govern themselves accordingly. In Testimony
whereof. We have caused these Our Letters to be made Patent and the Great Seal of
Our said Province of Lower Canada to be hereunto affixed. Witness Our Trusty and
Well beloved Alured Clarke^ Esquire, Our Lieutenant Governor and Commander in
Chief of Our said Province of Lower Canada and Major General Commanding Our
Forces in North America, &c. &c. &c. At Our Castle of Saint Lewis, in the City of
Quebec, this Seventh Day of May, in the Year of Our Lord One thousand seven hun-
dred and ninety-two, and in the Thirty-second Year of Our Reign.

A. C.
Hugh Einlay, ]
Acting Secretary. J

PROCLAMATION DIVIDING THE PROVINCE OF UPPER CANADA INTO

COUNTIES.i

J. Graves Simcoe.

George The Third by the Grace of God of Great Britain, France and Ireland
King Defender of the Faith, &c. &.c.

To all our loving Subjects, whom these presents may concern.
Whereas in pursuance of an Act of Parliament, lately made and provided, pass'd
in the Thirty first Year of our Reign, and of authority by us given for that purpose,
our late Province of Quebec is become divided into the two Provinces, of Upper Can-
ada and Lower Canada; and our Lieutenant Governor of the said Province of
Upper Canada, by power from us derived, is authorized, in the absence of our Right
Trusty and well Beloved Guy Lord Dorchester, Captain General and Governor in

1. From the original published Proclamation, in the Canadian Archives, Proclamations,
Upper Canada. 1792.

Writiufir to Dundas, November 4, 1792, Lieut. -Governor Simcoe remarked, " The dividing
the Province into Counties was not only a measure necessary to establish a certain Basis
for representation, in a Coiintry where there is not as yet a Village, but I had a further
view to unite and melt into each other the several Districts, which from circumstances and
their appropriated Names, I was well informed had seemed to acquire separate and distinct
Interests. To complete this purpose, I thought it best at the outset to annihilate the names:
a circumstance which must naturally have taken place, when with the encreasing Popula-
tion of tlie Country, new Districts must have been formed for the speedy execution of jus-
tice." (The Canadian Archives, Q. 279, pt. 1, page 84.) See also page 146, note 2.

For the location of the various counties see the "Plan of the Province of Upper Canada
divided into Counties by order of His Excellency John Graves Simcoe, Esqre" page . A new
division of the Province into counties was made in 1798. See page 222.

78 CANADIAl^' ARCHITE8

4 GEORGE v., A. 19U

Chief of our said Province of Upper Canada, to divide the said Province of Upper
Canada into Districts, Counties, Circles or Towns and Townships, for the purpose of
effectuating the intent of the said Act of Parliament, and to declare and appoint the
Number of Kepresentatives, to be chosen by each to serve in the Assembly of the said
Province.

Kxow Ye therefore, that our trusty and well beloved John Graves Simcoe^ Esq:
Lieutenant Governor of our said Province of Upper Canada, in the absence of our
said Governor in Chief, hath, and by this our Proclamation doth divide, the said
Province of Upper Canada into Counties; and hath and doth declare and appoint
the Number of Representatives of them, and each of them, to be as herein after
limited, named, declared and appointed (that is to say) that the first of the said
Counties be hereafter called by the name of the County of Glengary : which
County is to be bounded, on the East by the Lines that divide Upper from Lower
Canada, on the South by the River St. Laurence, and "Westerly by the Eastern-most
boundary of the late Township of Cornwall, running North Twenty four Degrees
West until it Intersects the Ottawa or Grand River, thence descending the said River
until it meets the divisional lines aforesaid. The said County is to comprehend all
the Islands in the said River St. Lawrence, nearest to the said County, and in the
whole or greater part fronting the same.

That the second of the said Coimties be hereafter called by the name of the
County of Stormont^ Which County is to be bounded on the East by the Western-
most Line of the County of Glengary^ on the South by the River St. Laurence, to
the Western-most boundary of the late Township of Osnaburg, and on the West by
the Eastern-most boundary Line of the late Township of Williamsburg, running
North Twenty four Degrees West until it intersects the Ottawa, or Grand River,
thence descending the said River until it meets the North Western-most boundary of
the County of Glengary, and the said County of Stormont is to comprehend all the
Islands in the said River St. Laurence, nearest to the said County, and in the whole
or greater part fronting the same.

That the third of the said Counties be hereafter called by the name of the
County of Dundas; which County is to be bounded on the East by the Western-most
boundary Line of the County of Stormont, on the South by the River St. Laurence,
and on the West by the Eastern-most boundary Line of the late Township of Edwards-
burg, running North Twenty four Degrees West until it intersects the Ottawa, or
Grand River, thence descending the said River until it meets the North Western-
most boundary of the County of Stormont. The said County of Dundas, is to com-
prehend all the Islands in the said River St. Laurence nearest to the said County,
nnd in the whole or greater part fronting the same.

That the fourth of the said Counties be hereafter called by the name of the
County of Grenville; which County is to be bounded on the East by the Westerr.-
most line of the County of Dundas, on the South by the River St. Laurence, and on
the West by the Eastern-most boundary Line of the late Township of Elizabethtown ;
running North Twenty four Degrees West until it intersects the Ottawa or Grand
River, thence descending the said River until it meets the North Western-most
boundary of the County of Dundas. The said County of Grenville is to comprehend
all the Islands in the said River St. Laurence nearest to the said County, and in the
whole or greater part fronting the same.

That the fifth of the said Counties, be hereafter called by the name of the County
of Leeds; which County is to be bounded jon the East by the Western-most Line of
the County of Grenville, on the South by the River St. Laurence, and on the West
by the Eastern-most boundary Line of the late Township of Pittsburg; running
North until it intersects, the Ottawa or Grand River, thence descending the said
River until it meets the North Western-most bnnndarv of the Conntv of Grenville.

CONSTITUTIONAL DOCUMENTS 79

SESSIONAL PAPER No. 29c

Tlie said County of Leeds, is to comprehend all the Islands in the said River St.
Laurence, nearest to the said County, and in the whole or greater part fronting the
same.

That the sixth of the said Counties be hereafter called by the name of the
County of Frontenac; which County is to be bounded on the East by the western-
most Line of the County of Leeds, on the South by Lake Ontario, on the West by
the Eastern-most boundary line of the late Township of Ernest town; running
North twenty four degrees West until it intersects the Ottawa or grand River, and
thence descending the said River until it meets the North Western-most boundary of
the County of Leeds.

That the seventh of the said Counties be hereafter called by the name of the
County of Ontario; which County is to consist of the following Islands, and Island
at present known by the name of Isle Tonti, (to be called Amherst Island) an
Island known by the name of Isle au Foret (to be called Gage Island) an Island
known by the name of grande Isle (to be called Wolfe Island), and an Island known
by the name of Isle Cauchois (to be called Howe Island) and to comprehend all the
Islands between the mouth of the Garanoque^ to the Easter-most extremity of the
late Township of Marysburg called Point Pleasant.

That the eighth of the said Counties be hereafter called by the name of the
County of Addington; which County is to be bounded on the East by the Western-
most Line of the County of Frontenac, on the south by Lake Ontario to the Western-
most boundary of the late Township, of Ernestown, and on the West by the Eastern-
most boundary Line of the late Township of Fredericksburg; running North thirty-
one degrees West until it meets, the Ottawa or grand River, and thence descending
the said River until it meets the Northwestern-most boundary of the County of
Frontenac; comprehending, within the said County all the Islands nearest to it, and
in the whole or greater part fronting the same.

That the ninth of the said Counties be hereafter called by the name of the
County of Lexox; which County is to be bounded on the East by the Westeni-most
Line of the County of Addington, on the Sov.tji and West by the Bay of Quinti to
the Eastern-most boundary of the Mohawk village, thence by a Line along the
Western-most boundary of the late Township of Richmond, running North sixteen
degrees West to the Depth of twelve miles, and thence running North seventy four
degrees East until it meets the Northwestern-most boundary of the County of Adding-
I'in; comprehending all the Islands in the Bays, and nearest the shores thereof.

That the tenth of the said Counties, be hereafter called by the name of Prince
Edward; which County is to be bounded on the South by Lake Ontario, on the West
by the carrying place on the Isthmus of the Presque Isle de Quinti, on the North by
tlie Bay of Quinti, and on the East from Point Pleasant to Point Traverse by its
several shores and Bays, including the late Townships of Ameliasburg, Sophiasburg,
and Marysburg; the said County of Prince Edward to comprehend all the Islands in
the said Lake Ontario and Bay of Quinti nearest to the said county, and in the
whole or greater part fronting the same.

That the Eleventh of the said Counties be hereafter called by the name of the
County of Hastings; which County is to be bounded on the East by the Western-
most Line of the County of Lenox, on the South by the Bay of Quinti until it meets
n boundary' on the Eastern-most shore of the River Trent, thence along the said
liiTer until it intersects the rear of the ninth Concession, thence by a Line running
Vorth sixteen degrees West until it intersects the Ottawa or grand River, thence
■scendins" the said river until it meets the Northwestern-most boundary of the
•'ounty of Addington; and the said County of Hastings to comprehend all the Islands

1. This is a misprint in the original proclamation for Gananoqiie.

80 CANADIAX ARCUIVES

4 GEORGE v., A. 1914

m the said Bay of Quinti and river Trent nearest to tlic >aid Cnunty, and in tlie whole
or greater part fronting the same.

That the Twelfth of the said Counties he hereafter called by the name of the
County of Northumberland; which county is to be bounded on the East by the
Western most line of the County of Hastings and the carrying place of the Presqiio
Isle de Quinti, on the South by Lake Ontario until it meets the Western most point
of little Bay, thence by a Line running North sixteen degi'ees West until it meets
tlie Southern boundary of a Tract of Land belonging to the Messisague Indians, and
thence along the said Tract, parallel to Lake Ontario, until it meets the North-
western most boundary of the County of Hastings ; the said County of Northumber-
land is to comprehend all the Islands in the said Lake Ontario and Bay of Quinti
nearest the said County, and in the whole or greater part fronting the same.

That the Thirteenth of the said Counties be lieroaftor called by tho name of th«*
County of Durham; which County is to be bounded on the East by the Western-
most Line of the County of Northumberland, on the South by Lake Ontario until it
meet^ the Western-most Point of Long Beach, thence by a Line running North six-
teen degrees West until it intersects the Southern boundary of a Tract of Land
belonging to the Messisague Indians; and thence along the siiid Tract, parallel to
Jjak^ Ontario, until it meets the Northwestern most boundary of the County of
Northumberland.

That the Fourteenth of the said Counties be hereafter called by the name of the
County of York; which county is, to consist of two ridings, the East and the West
liiding; the East riding is to be bounded on the East by the Western-most Line of
the County of Durham, on the South by Lake Ontai'io until it meets the Eastern-
most boundary of a Tract of Land belonging to the Messisague Indians, on the West
by the Eastern-most boundary Line of said Tract, running North sixteen degrees
West the distance of twenty-eight miles, thence North seventy four degrees East
fourteen miles, thence South sixteen degrees East sixteen miles, to the Southern
boundary, of the lands belonging to the said Indians, and thence along the said Tract
parallel to Lake Ontario until it meets the Northwestern-most boundary of the County
of Durham.

That the West riding of the said County be hereafter called by the name of the
West riding of the County of York, which riding is to be bounded on the East by
the Western-most line of a tract of land belonging to the Messissague Indians, run-
ning North forty-five degrees West to the river La Tranche (to be called the
Thames), on the South by Lake Geneva, (to be called Burlington Bay), and the
carrying place leading through the Mohawk village to where it intersects the river
la Tranche or Thames, and thence up the said river to the Northwestern -most
boundary of a Tract of Land belonging to the Messissague Indians.

That the fifteenth of the said counties be hereaft-er called by the name of the
County of Lincoln; which county is to be divided into four ridings; the first
riding is to be bounded on the West by the Eastern-most line of the County of York,
on the South by the grand River to be called the Ouse, thence descending the said
river until it meets on Indian road leading to the forks of the Chippawa Creek,
(which creek is to be called the Welland), thence descending the said Creek until it
meets the continuation of the Eastern-most boundary of the late Township Number
5, thence North along the said boundary until it intersects Lake Ontario, and thence
along the South shore of Lake Ontario, until it meets the Southeast boundary of the
County of York.

The second riding is to be bomided on the West by the Eastern-most Hue of the
first riding on the North by Lake Ontario, on the East by the river Niagara, and
on the South by the northern boundary of the late Townships N°. 2 N°. 9 and N°. 10.

CONSTITVTIOyAL DOCUMEyT,'^ 81

SESSIONAL PAPER No. 29c

The Third riding is to be bounded on the East by the river Niagara, on the
South by the Chippawa or Welland, on the West by the Eastern most boundary of
the first riding, and on the North by the Southern boundary of the second riding.

The fourth riding, is to be bounded on the East by the river Niagara, on the
South by the Lake Erie, to the mouth of the grand river or Ouse, thence up the said
river to the road leading from the said grand river or Ouse to the forks of the Chip-
l)awa or Welland, and on the North by the said road until it strikes the forks of the
Welland, and thence down the said Welland to the river Niagara; the said fourth
riding to include the Islands comprised within the Eastern-most boundaries of the
river Niagara.

That the sixteenth of the said Counties be hereafter called by the name of the
County of Norfolk; which County is to be bounded on the North and East by the
rounty of Lincoln and the river la Tranche, (now called the Thames), on the South
by Lake Erie until it meets the Barbue (to be called the Orwell river), thence by a
line running North sixteen degrees West until it intersects the river la Tranche or
Thames, and thence up the said river until it meets the Northwest boundary of the
Covmty of York.

That the seventeenth of the said counties be hereafter called by the name of
the County of Suffolk; which county is to be bounded on the East by the County
of Norfolk, on the South by Lake Erie until it meets the carrying place from Pointe
aux Pins unto the Thames, on the West by the said carrying place; and thence up
the said river Thames, until it meets the Northwestern-m.ost boundary of the county
of Norfolk.

That the eighteenth of the said counties be hereafter called by the name of the
County of EssFjc; which county is to be bounded on the East by the County of Suf-
folk, on the South by Lake Erie, on the West by the river Detroit to Maisonville's
mill ; from thence by a line running parallel to the river Detroit and Lake St. Clair
at the distance of four miles until it meets the river la Tranche or Thames, and
thence up the said river to the Northwest boundary of the county of Suffollv.

That the ninteenth of the said counties be hereafter called by the name of the
County of I^ent; which county is to comprehend all the country (not being Terri-
tory of the Indians) not already included in the several Counties herein before
described, extending Northward to the boundary line of Hudsons bay, including all
the Territory, to the Westward and Southward of the said line, to the utmost extent
of the country commonly called or known by the name of Canada.

And know ye also, that our said Lieutenant Governor, hath also declared and
appointed, and doth hereby declare and appoint, that for the purposes of representa-
tion, the said County of Glengary (bounded as aforesaid) shall be divided into two
ridings; the first riding to include the late Township of Charlottenburg, and the
-f'cond riding to comprehend such part of the said County of Glengary as is not
contained in the first riding, and that each of the said ridings shall send one repre-
sentative that is, the said first riding shall and may be represented in the said House
of Assembly by one Member, and the said second riding shall and may be represented
in the said House of Assembly, by one Member; and that the said County of Stor-
iiiont (bounded as herein before described) shall and may be represented in the said
House of Assembly, by one Member; and that the said County of Dundas (bounded as
herein before is described) shall and may be represented in the said House of
Assembly by one Member; and that the said County of Grenville (bounded as herein
li(-fore is described) shall and may be reprp'^ented in the said House of Assembly by one
^fember; and that the said County of Leeds and County of Frontenac (severally
bounded as herein before is described) shall together send one representative, that
is, the said Counties of Leeds and Frontenac shall and may be represented together
in the said House of Assembly by one Member; and that the County of Ontario and

29c— G

82 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

the County of Addington (severally bounded as herein before is described) shall
together send one representative, that is the said Counties of Ontario and Adding-
ton shall and may be represented together in the said House of Assembly by one
Member; and that the Coimty of Prince Edward (so bounded as herein before is
described) together with the District of the late Township of Adolphus, in the
County of Lenox, shall together send one representative, that is the said County of
Prince Edward together with the said District (late the Township of Adolphus) shall
and may be represented together in the said House of Assembly by one Member;
and that the County of Lenox (the said District late the Township of Adolphus
excepted) with the Counties of Hastings and Northumberland (severally bounded as
herein before is described) shall together send one representative, that is, the said
County of Lenox (except as before excepted) and said Counties of Hastings and
Northumberland, shall and may be represented together in the said House of Assem-
bly by one Member; and that the Counties of Durham and York, and the said first
riding of the County of Lincoln (severally bounded as herein before is described)
shall together send one representative, that is, the said Counties of Durham and
York and first riding of the County of Lincoln shall and may be represented together
in the said House of Assembly by one Member; and that the said second riding of
the said County of Lincoln (bounded as herein before is described) shall and may be
represented in the said House of Assembly by one Member; and that the said third
riding of the said County of Lincoln (bounded as herein before is described) shall
and may be represented in the said House of Assembly by one Member; and that the
said fourth riding of the said County of Lincoln and the County of Norfolk (sever-
ally bounded as herein before is described) shall together send one representative,
— that is, the said fourth riding of the said County of Lincoln and the County of
Norfolk shall and may be represented together in the said House of Assembly by one
Member; and that the County of Suffolk and the County of Essex (severally
bounded as herein before is described) shall together send one representative, — that
is, the said Counties of Suffolk and Essex shall and may be represented together in
the said House of Assembly by one member; and that the said County of Kent, (as
herein before is described) shall and may be represented in the said House of Assem-
bly by two Members, of which our loving Subjects and all others concerned are to
take due notice and govern themselves accordingly.^

In Testimony whereof we have caused these our Letters to be made Patent, and
the great Seal of our said Province of Upper Canada to be hereunto affixed.

Witness our Trusty and well bploved John Graves Simcoe Esqr. Lieutenant
Governor of our said Province of Upper Canada, and Colonel Commanding our forces
in Upper Canada &c. &c. — At our Government House, in the Town of Kingston, the
sixteenth day of July in the Year of our Lord One Thousand seven hundred and
ninety-two, and in the. thirty-second Year of our Reign.

Wm. JARVIS, Secretary. J. G. S.

1. For the later basis of representation see the Redistribution Acts of 1800 and 1820, pag»&
245 and

CONSTITUTIONAL DOCUMEXTS 83

SESSIONAL PAPER No. 29c

AN ACT INTRODUCING ENGLISH CIVIL LAW INTO
UPPER CANADA.i

IX THE THIRTY-SECOKD YKAR OF GEOUGE THE THIRD.

CHAP. L

An Act lo repeal certain pads of an Act passed in the fourteenth
year of His Majesty's Reign, intituled, "An Act for making more
effectval Provision far the Government of the Province of Quebec,
in North-America, and to introduce the English Law, as the Rule
of Decision in all matters of Controversy, relative to Property and
Civil Rights/'

Whereas, by an Act passed in the fourteenth year of his present Preamble.
Majesty, intituled, " An Act for making more effectual provision for
the Government of the Province of Quebec, in North-America/' it
was, among other things, provided, " That in all matters of contro-
versy relative to property and civil rights, resort should be had to
the Laws of Canacta os, the rule for the decision of the same;"^ such Recital of
provision being manifestly and avowedly intended for the accom- Act 14 G«o. III.
modation of His Majesty's Canadian subjects: and whereas, since
the passing of the Act aforesaid, that part of the late Province of
Quebec, now comprehended within the Province of Upper-Canada,
having become inhabited principally by British subjects, born and
educated in countries where the English Laws were established, and
who are unaccustomed to the Laws of Canada, it is inexpedient that
the provision aforesaid contained in the said Act of the fourteenth
year of His present Majesty, should be continue<l in this Province —
Be it enacted, by the King's most excellent Majesty, by and with
the advice and consent of the Legislative Council and Assembly of
the Province of Upper Canada, constituted and assembled by virtue
of and under the authority of an Act passed in the Parliament of
Great Britain, intituled, " An Act to repeal certain parts of an Act The same repealed
passed in the fourteenth year of His Majesty's Reign, intituled, " An in so far as it
Act for making more effectual provision for the Government of the lawsof^ Canada a
Province of Quebec, in North-America, and to make further pro- rule of decision,

vision for the Government of the said Province," and by the authority ^° matters of

j» 1 £1 f-nt M i/» 1 • (•I'A 1 •! controversy, r©i8i~

nt the same, " That from and after the passmg of this Act, the said tive to pro-
provision contained in the said Act of the fourteenth year of his perty and civil
present Majesty, be, and the same is hereby repealed; and the au- ^'^
thority of the said Laws of Canada, and every part thereof, as form-
ing a rule of decision in all matters of controversy relative to pro-

1. The first Parliament of Upper Canada was assembled at Newark,
September 17, 1792, and remained in session until the 15th of October.
This Act and the one which follows were the first statutes enacted by the
Province of Upper Canada. Both are taken from the edition of "The
Statutes of His Majesty's Province of Upper-Canada " printed at York
under the authority of His Excellency Peter Hunter by John Bennett,
Printer to the King's Most Excellent Majesty, 1802.

2. See the Quelec Act, Conxtititt tonal Documents, 1759-1791, Shortt anii
Doughty, 1907, page 401.
2i9c— 6-1

84

VAX AD I AX ARCHIVES

Without affecting
claims on real
property or con-
tracts or securi-
ties already
executed.

The laws of
England to be
henceforth the
rule of decision.

But the ordi-
nances of the
Province of Que-
bec are no
further repealed
than as by this
Act tliey are
necessarily varied.

The rules of
evidence to be
regulated by those
established in
England.

But no alter-
ation is made in
the substituting
provisions respect-
ing ecclesiastical
rights or dues, or
the jurisdiction of
courts of justice
or the poor or
bankrupt laws.

4 GEORGE v., A. 1914

perty and civil rights, shall be annulled, made void and abolished,
throughout this Province, and that the said Laws, nor any part thereof
as such, shall be of any force or authority within the said Province,
nor binding on any of the inhabitants thereof."

II. Provided aJivays. and he it Enacted hy the Authority afore-
said. That nothing in this Act shall extend to extinguish, release or
discharge, or otherAvise to effect any existing right, lawful claim or
incumbrance, to and upon any lands, tenements or hereditaments
within the said Province, or to rescind or vacate, or otherwise to
affect any contract or security already made and executed conform-
ably to the usages prescribed by the said Laws of Canada,

III. And he it further Enacted ly the Authority aforesaid, That
from and after the passing of this Act, in all matters of controversy
relative to property and civil rights, resort shall be had to the Laws
of England as the rule for the decision of the same.

IV. Provided always, and he it Enacted hy the Authority afore-
said, That nothing in this Act shall extend, or be construed to extend,
to repeal or vary any of the ordinances made and passed by the Gov-
ernor and Legislative Council of the Province of Quehec, previous to
the division of the same into the Provinces of Upper and Lower-
Canada, otherwise than as they are necessarily varied by the provisions
herein mentioned.

V. And he it further Enacted hy the Authority aforesaid. That
all matters relative to testimony and legal proof in the investigation
of fact, and the forms thereof, in the several Courts of Law and
Equity^ within this Province, be regulated by the rules of evidence
established in England.

VI. Provided always, and he it Enacted hy the Authority afore-
said. That nothing in this Act contained, shall vary, or interfere, or
be construed to vary or interfere with any of the subsisting pro-
visions respecting ecclesiastical rights and dues within this Pro-
vince, or with the forms of proceeding in civil actions, or the juris-
diction of the Courts already established, or to introduce any of the
Laws of England respecting the maintenance of the poor, or respect-
ing bankrupts.

1. While the provisions of this Act were made applicable to the courts,
both of law and equity, it was not until 1837 that a court of purely equit-
able jurisdiction was established in Upper Canada. See page 294.

COXSTITUTIOXAL DOCCMENTS 85

SESSIONAL PAPER No. 29c

AX ACT ESTABLISHING TKIAL BY JURY IX UPPER

CANADA. ■

IX THE THIRTY-SECOND YEAR OF GEORGE THE THIRD.

CHAP. II.

An Act to Establish Trials l>y Jury.

Whereas, the Trial by Jury has been long established and ap- Preamble,
proved in our mother country, and is one of the chief benefits to be
obtained by a free Constitution — ^Be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent
of the Legislative Coiuicil and Assembly of the Province of Upper
Canada, constituted and assembled by virtue of and under the au-
thority of an Act passed in the Parliament of Great Britain, in-
tituled, " An Act to repeal certain parts of an Act passed in the four-
teenth year of His Majesty's Eeign, intituled, " An Act for making
more effectual provision for the Government of the Province of
Quebec, in North-America, and to make further provision for the All issues of fact
Government of the said Province," and by the authority of the same, t^ ^e determ-
That from and after the first day of December, in this present year ^^j! of^l'> huvfre
of our Lord, One Thousand Seven Hundred and Ninety-Two, all ooBformably to
and every issue and issues of fact, which shall be joined in any ac- tl^s 1^'"' &
tion. real, personal or mixed, and brought in any of His Majesty's England.
Courts of Justice within the Province aforesaid, shall be tried and
determined by the unanimous verdict of twelve Jurors, duly sworn
for the trial of such issue or issues, which Jurors shall be summoned
and taken conformably to the Law and custom of England^

II. Provided always, and be it further Enacted by the Authority ^yiio may bring
aforesaid. That nothing herein contained shall prevent, or be con- in a special
strued to prevent the said Jurors, in, all cases where they shall be so ^^^'' '*" '
minded, from bringing in a special verdict.

1. The Provincial Statute, 34 Geo. HI, Chap. I, provided for the
regulation of Juries.

16

CANADIAy ARCIIIVES

4 GEORGE v., A. 1914

AN ACT FOE THE APPOINTMENT OF TOWN OFFICERS
UPPER CANADA.1.

IN THE THIRTY-THIRD YEAR OF GEORGE THE THIRD.

CHAP. II.

An Act to provide for the Nomination and Appointment of Parish

and Town Officers within this Province.

Preamble. Whereas^ it is requisite for the maintenance of good order and

the regular execution of the laws, that proper officers should be
appointed to superintend the observance thereof ; Be it enacted by the
King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the Province of Upper-
Canada, constituted and assembled by virtue of and under the
authority of an Act passed in the parliament of Great Britain, inti-
tuled, "An Act to repeal certain parts of an Act passed in the
"fourteenth year of His Majesty's reign, intituled, "An Act for
" making more effectual provision for the government of the Pro-
'■ vince of Quebec, in North America, and to make further provision
" for the government of the said Province," and by the authority of
Animal town the same, That it shall and may be lawful, as soon as conveniently

holden, assembled ^^^^' ^^' after the passing of this Act, for any two of His Majesty's
by warrant of justices of the peace, acting within the division in which any parish,^
two magistrates, township,^ reputed township or place may be, to issue their warrant,
giving eight days previous notice to the constable* of such parish.

1. From the edition of The Statutes of His Majesty's Province oj
Upper-Canada printed under the authority and by command of His Ex-
cellency Peter Hunter, by John Bennett, 1802.

2. This beinw the beginning of representative local government in
Upper Canada the Assembly, in enacting this statute, was under the
necessity of accepting such local units as already existed. The ecclesia.s-
tical jurisdiction known as the parish presented itself as a most natural
unit and, though its limits were not definitely determined, it was readily
accepted as a basis for the system of local government.

3. The township was yet nothing more than a territori.i! unit
adopted as an aid in the surveying and settlement of the Province. The
Instructions to Governor James Murray in 1763 contained the following
order—" You are therefore to lay out Townships of a convenient size and
Extent in such Places, as you, in your Discretion, shall judge most proper.
And it is Our Will and Pleasure, that each Township do consist of about
Twenty Thousand Acres, having, as may be natural Boundaries extending
up into the Country, and comprehending a necessary Part of the Eiver
of St. Lawrence, where it can be conveniently had." (See Article 45 of
Instructions to Murray, Constitutional Documents, 1759-1791 Shortt and
Doughty, 1907, page 141.) In the Instructions to Lord Dorchester in 1791,
it was recommended that "each Inland Township shall, as nearly as Cir-
cumstances shall admit, consist of Ten Miles Square; and such as be
situated on a navigable River or Water shall have a front of Nine Miles,
and shall be Twelve Miles in Depth." (See Article 32 of the Instructions
to Dorchester, page 41.)

In 1798 an Act (Chap. I.) was passed authorizing the Surveyor Gea-
eral, on application from the magistrates of any district, to fix and deter-
mine the boundary lines of any township within the district.

4. The constables were appointed by the justices of the Peace for
each district at the regular meeting of the Court of Quarter Sessions held
in April. See Section X of this Act.

CONSTITUTIONAL DOCUMENTS 87

SESSIONAL PAPER No. 29c

township, reputed township, or place, authorizing him on a day
to be fixed by the said justices in the present year, and on the first \\rhen
Monday in the month of March^ in every ensuing year, to assemble
the inhabitant householders, paying or liable to pay, to any public
assessment or rate^ of such parish, township, reputed township, or for the purpose
place, in the parish church or chapel, or in some convenient place Darish°or*^own
within the said parish, township, reputed township, or place, for the officers,
purpose of choosing and nominating the parish or town officers here-
in aftei' mentioned, to serve in their respective offices for the year
next ensuing, at which meeting the said constable shall preside.'

n. And he it Enacted hy the Authority aforesaid, That it shall Election of a
and may be lawful for the said inhabitant householders, or the cf'^ k ^^ *^^^"
greater part of them so assembled, to choose one fit and proper per-
son from among the inhabitants to be clerk of the said parish, town
or township, who shall and is hereby required to make a true and
complete list of every male and female inhabitant within the limits
of his parish, town or township, and return the same to the justices
acting as aforesaid, so as they may produce the said list at the
general quarter sessions in the month of April to be holden, and the duties of Ms
said clerk shall and is hereby required, to enter and record all such o&ce.
matters, as shall relate to the said parish, town or township, and
shall appertain to his office, which records shall be faithfully and
carefully kept and preserved by such clerk, and by him delivered
to his successor duly nominated and appointed.

III. And he it further Enacted hy the authority aforesaid. That Election and
it shall and may be lawful for the said inhabitant householders, in Q°^®s of
manner aforesaid, to choose two fit and proper persons, from among

the said inhabitants, to serve the office of assessors for the said parish,
township, reputed township or place, who shall assess all such rates
and taxes, as shall be imposed by any Act or Acts of the Legislature
of this Province,* and be made payable by the inhabitants thereof.

IV. And also to choose and nominate in manner aforesaid, one Election and
fit and proper person to serve the office of collector for such parish, duties of
township, reputed township, or place, who shall and may, and is ^^^ ^^
hereby authorized, from time to time, to demand and receive from

the inhabitant householders, under the said assessment, such monies
as may be due and payable from the said inhabitants, in respect of
the matters aforesaid, which collector shall acount for and pay over
the monies so received by him, in such manner as shall be directed
by any Act or Acts of the said Legislature, that may authorize the
imposing and levying such rates and taxes respectively.

V. And also to choose and nominate in manner aforesaid, not Election and

less than two or more than six persons,^ as shall be specified in the duties of the

overseers of

1. In 1817 an Act was passed changing the nomination day to the
tirst Monday in January.

2. For the diSerenit rates levied for local purposes see the pre-
amble to the Act authorizing the collecting of local taxes, page 91.

3. Provision was made in 1806 authorizing the justices of the Peace
in Quarter Sessions, in case of neglect to hold the regular town meeting,
to appoint the town officers to serve until the next town meeting, or, in
case of the death or removal of any town officer, to appoint a successor
for the balance of the term.

4. See the Statute rc'^ulating assessments, page 91.

5. This clauee was amended by the Act 45 Geo. Ill, Chap. VI.
which empowered the inhabitants at the town meeting to select not less
than two nor more than twelve persons to act as overseers of highways.

the highways.

88

CAyiDIAX ARCIIITES

the sufficiency
of fences to ije
within their
cognizance.

Nomination of
a pound-keeper,
and duties
incident to bis
<ffice.

Nomination of
town wardens.

Provision in
behalf of
parish churches
when built.

Powers vested in
town wardens.

A list of per^ne
nominated at
such meeting
shall forthwith be
communicate<l
to a magistrate
of the division.

Who may swear
the same into
office.

Oath.

4 GEORGE v., A. 1914

warrant to be issued by tbe said justices, to serve the office of over-
seers of highways and roads, to oversee and perform such things as
shall be directed by any Act to be passed, touching or concerning the
highways and roads in this Province, which said overseers shall also
serve the office of fence-viewers, and are hereby authorized and re-
quired, upon receiving proper notice, to view and determine upon the
heighth and sufficiency of any fence or fences within their respective
parish, township, reputed township, or place, conformably to any
resolutions, that may be agreed upon by the said inhabitants at such
meeting to be holden, under and by virtue of such warrant as afore-
said.

VI. And also to choose and nominate in manner aforesaid, a per-
son or persons to serve the office of pound-keeper, who is hereby
authorized to impound all cattle, and each and every horse, sheep
and hog that shall trespass on the lands of any person, having in-
closed the same by such high and sufficient fence, as shall have been
agreed on in manner aforesaid, and also to impound any stoned
horse, more than one year old, that shall be running at large upon
the high-ways or commons, and to detain such horse, until the owner
thereof shall have paid the sum of twenty shillings, one half to be
paid to the person taking such horse, the other half thereof to the
collector, towards the public stock of the district.

YII. And also to choose and nominate in manner aforesaid, two
fit and discreet persons to serve the office of town wardens for such
parish, township, reputed township, or place; but as soon as there
shall be any church built for the performance of divine sei-vice,
according to the use of the church, of England, with a parson or
minister duly appointed thereto, then the said inhabitant house-
holders shall choose and nominate one person, and the said parson
or minister shall nominate one other person, which persons shall
jointly serve the office of church warden, and that such town wardens
or church wardens, and their successors duly appointed, shall be as
a corporation, to represent the whole inhabitants of the township
or parish, and as such may have a property in goods or chattels of
or belonging to the said parish, and shall and may sue, prosecute
or defend in all presentments, indictments or actions, for, and on
the behalf of the inhabitants of the said parish.

VIII. And he it further Enacted by the Authority aforesaid,
That the constable presiding at such meeting, shall and is hereby
required, to cause a list to be made out, containing the names of
the persons chosen and nominated to serve and execute the several
offices herein before mentioned in manner aforesaid, which list shall
be signed by the said constable, who shall forthwith communicate
the same to either of the justices, having signed the warrant by .
virtue of which such meeting was holden, and it shall and may be
lawful for either of the said justices, or for any justice of the peace,
acting within the division, and he is hereby authorized and em-
powered to administer an oath of office, to each and every person
or persons so chosen and nominated as aforesaid, within seven days
after such meeting as aforesaid, in the following form:

" You A. B. do promise and swear, that you will faithfully, dili-
" gently and justly serve and perform the office and duties of
" for according to the best of your

" ahiliiies — So help you God."

COXSTITUTIOXAL DOCUMEXTS 89

SESSIONAL PAPER No. 29c

And that every person having taken such oath, shall he held to I'ersons sworn
be lawfully appointed to such office, for which he shall have been f'^^l'^ ,^^ ^^^'^
chosen and nominated as aforesaid. appointed.

IX. Provided always, That any person so chosen and nominated to Penalty for
serve any of the offices herein before mentioned in manner aforesaid, "^p^tiug or
who shall refuse or neglect to signify his consent to enter upon such sworn into office
service, and to take the oath herein before set forth by the space ^fter nomi-

of seven days after such nomination as aforesaid, shall forfeit and ^^ ^*^^"
pay the sum of forty shillings for every such neglect or refusal, to be
recovered upon proof thereof on confession, or by the oath of one
credible witness, before any one justice of the peace, acting within
the said division, to be levied by warrant of distress, and sale of the
goods and chattels of the party so neglecting or refusing, and to be
])aid into the hands of the treasurer, towards the public stock of the Application of
district, except in the case of forfeiture of any person or persons ^^ch penalties,
nominated to be overseers of the highways and roads, and refusing
to act, whose penalties shall be paid into the hands of the commis-
sioners of the highways and roads, and that it shall and may be law-
ful, in case of refusal as aforesaid, for any two of his Majesty's
justices, acting within the said division, to hold a special session
for the purpose of naming one or more person or persons to serve the
office, that may have been refused, by the party chosen to serve the
same, and fined in manner aforesaid, and if the person or persons so Magistrates to
named by the said justices, upon being served with due notice thereof, "^me other
which notice the constable is hereby required to serve upon the per- offices vacant
son, or leave the same at his usual place of abode, shall neglect or by refusal,
refiise by the space of seven days, after the service of such notice,
to accept the said office, and take the oath herein before prescribed,
he shall for every such neglect or refusal, forfeit the sum of forty Penalty for
shillings, to be levied by distress and sale, and paid over in manner refusing such
herein before mentioned. omce.

X. And he it further Enacted hy the authority aforesaid. That Nomination of

it shall and may be lawful for the justices of the peace, within the ^i. jf ^^ ^^^' i,

,..,,. .. ,. ' stable annually,

respective imiits oi their commissions at their general quarter ses- for each

sions in the month of April assembled, or the greater part of them, districit,
to nominate and appoint yearly and every year, a sufficiently dis-
creet and proper person, to serve the office of high constable in each
and every district, and also to nominate and appoint, such a suffi- and of con-
cient number of persons, as in their discretion will be necessary, to stables for each
serve the office of constable in each and every parish, township,
reputed township, or place, and the said constable and constables,
before they enter upon their office, shall severally take the following
oath, which it shall and may be lawful for any justice of the peace
to administer —

"You shall ivell and truly serve our Sovereign Lord the King, in Oath.
" the Office of for the of

^' for the year ensuing, according to the best of your slcill and hnow-
" ledge— ^0 help you God."

XI. Provided always, and he it further Enacted hy the Authority J"^^'^*^^ 9^
aforesaid, That no person having been appointed and served any of an^office*^ after
the offices mentioned in this Act, shall be liable to be appointed, or serving the
serve the same office, within three years from such appointment and ■^^™^'
service, unless he shall consent thereto.

I

90

CANADIAN ARCHIVES

Provision for
townships, &c..
thinly inhabited.

Fees and
perquisites of
the town clerks
and pound
keepers to be
regulated in the
April sessions.

4 GEORGE v., A. 1914

XII. Provided also, That when any township, or reputed town-
ship, shall not contain thirty inhabitant householders, it shall not
be lawful for the said justices to issue their warrant for calling a
meeting therein, but the said inhabitant householders shall be joined
to, and be reputed and taken as inhabitants of the township adja-
cent thereto, which shall contain the smallest nvmiber of inhabitants.

XIII. And he it enacted. That it shall and may be lawful for
the justices of the Peace within the respective limits of their com-
missions, at the General Quarter Sessions in the month of April to
be holden, assembled, or the greater part of them, to limit and
appoint such fees and perquisites as to them shall appear reasonable
to be demanded and taken by every town clerk and pound keeper of
the several parishes or townships within their respective districts.

Form of a
warrant for a
town meeting.

Schedule.

justice's warrant to assemble the inhabitants.

jTo the Constable for the Township of
Home District. J ^^ ^j^^ ^^-^ District.

By virtue of a power for such purpose granted by a certain Act
of the Legislature of this Province, made and passed in the thirty-
third year of his present Majesty's reign, to us A. B. Esquire, and
C. D. Esquire, two of his Majesty's justices of the peace in and for
the said district, these are to authorize and require you, giving eight
days previous notice, to assemble the inhabitant householders, pay-
ing or liable to pay to any public assessment or rate living within
your parish or township, to meet at on

for the purpose of choosing and nominating certain fit and proper
persons to serve the offices herein specified for the ensuing year,
that is to say, one town clerk, two assessors, one collector, two or
more overseers of the highways and roads, one or two pound-keepers,
and two town wardens, according to the directions in the said Act
contained, and for so doing this shall be a sufficient warrant.
Given under our hands and seals at on the

day of in the year of the reign of

Form of notice
on a nomina-
tion by the
justices.

constable s notice to be given on a nomination to an office

BY the justices.

Home District,] _^ ^ . . - j- ^^ ^

Town'hin of \ ^^^^^^-^^ ^t a special session for that purpose

holden on the day of by A. B. Esquire, and

C. D. Esquire, two of His Majesty's justices of the peace for the
said district, you were by the said justices nominated and appointed
to serve the office of for the township of

for the year next ensuing, by virtue of a power to
them for that purpose granted by a certain Act of the Legislature
of this Province. These are therefore to notify unto you, that unless
you accept the said office, and take the oath prescribed, within seven
days from the receipt of this notice, you shall for such neglect or
refusal, forfeit and pay the sum of forty shillings, as by the said Act
is directed.

Dated this day of in the year,

G. H. Constable.
To Mr. L. M.

CONSTITUTIONAL DOCUMENTS 91-

SESSIONAL PAPER No. 29c

AN ACT EEGULATING LOCAL TAXATION AND PKOVID-
ING FOE THE PAYMENT OF MEMBERS OF ASSEMBLY,
UPPER CANADA.i

In the thirty-third year of George the Third.

CHAP. III.

A71 Act to authorize and Direct the Laying and Collecting of Assess-
ments and Rales, in every District within this Province, and to
Provide for the Payment of ^Yages to the Memhers of the House
of Assembly.

WHEREAS;, it 13 necessary to make provision for defraying the Preamble,
expences of building a Court House and Gaol, and keeping the
same in repair, for the payment of gaolers salary, for the support
and maintenance of prisoners, for building and repairing houses of
correction, for the construction and the repair of bridges, for the
fees of the coroner and other officers, for the destroying of bears
and wolves, and other necessary charges within the several districts
of this Province; Be it enacted by the King's Most Excellent
Majesty, by and with the advice and consent of the Legislative
Council and Assembly of the Province of Upper Canada, constituted
and assembled by virtue of and under the authority of an Act
passed in the Parliament of Great Britain, intituled, an Act to
repeal certain parts of an Act passed in the fourteenth year of His
Majesty's reign, intituled, " an Act for making more effectual pro-
vision for the government of the Province of Quebec in North
America, and to make further provision for the government of the
said Province," and by the authority of the same. That the assessors Q^jjg assessors
of every parish, township, reputed township or place within this to make out a
Province, shall and they are hereby required as soon as conveniently ^.j^'sses of°the
may be after the passing of the present Act, and hereafter yearly inhabitant
and every year, within thirty days next after they shall be appointed householders
to their office,^ to make out a true and complete return of every respective
inhabitant householder living within the limits of the said parish, townships,
township, reputed township or place, and to divide each and every of
them into eight different classes, in the following manner, that is
to say:

11. That the first class do contain the names of such house- Ist class,
holders as aforesaid, as the said assessors to the best of their know-
ledge and judgment believe are possessed of real or personal pro-
perty, goods or effects to their own use, to the value of fifty pounds,
and not amounting to one hundred pounds.

1. From the printed copy of The Statutes of His Majesty's Prov-
ince of Upper-Canada, edition of 1802. This Act was repealed by the
statute 47 Geo. Ill, Chap. VIT. which estahli-^hed a new basis of assess-
ment.

2. See Clause I. of the act for the appointment of parish and town
olBcers, page 86.

92 CAXADIAX AliCHIYES

4 GEORGE v., A. 1914

2^1 class. III. And that the second class do contain the names of such

householders as aforesaid, as the said assessors to the best of their
knowledge and judgment believe, to be possessed of real or personal
property, goods or effects to their own use, to the value of one hun-
dred pounds, and not amounting to one hundred and fifty pounds.

3d class. IV. And that the third class do contain the names of such house-

holders as aforesaid, as the said assessors to the best of their know-
ledge and judgment believe, to be possessed of real or personal pro-
perty, goods or effects to their own use, to the value of one hundred
and fifty pounds, and not amounting to two hundred pounds.

4th class. "V. And that the fourth class do contain the names of such house-

holders as aforesaid, as the said assessors to the best of their know-
ledge and judgment, believe to be possessed of real or personal
property, goods or effects to their own use, to the value of two hun-
dred pounds, and not amounting to two hundred and fifty pounds.

otli class. VI. And that the fifth class do contain the names of such house-

holders as aforesaid, as the said assessors to the best of their know-
ledge and judgment, believe to be possessed of real or personal pro-
perty, goods or effects to their own use, to the value of two hundred
and fifty pounds, and not amounting to three hundred pounds.

6tli class. VII. And that the sixth class do contain the names of such liouse-

holders as aforesaid, as the said assessors, to the best of their know-
ledge and judgment, believe to be possessed of real or personal pro-
perty, goods or effects to their own use, to the value of three hundred
pounds, and not amounting to three hundred and fifty pounds.

7tli class. VIII. And that the seventh class do contain the names of such

householders as aforesaid, as the said assessors, to the best of their
knowledge and judgment, believe to be possessed of real or personal
property, goods or effects to their own use. to the value of three
hundred and fifty pounds, and not amounting to four hundred
pounds.

iih class. IX. And that the eight class do contain the names of such house-

holders as aforesaid, as the said assessors, to the best of their knowl-
edge and judgment, believe to be possessed of real or personal pro-
perty, goods or effects to their own use, to the value of four hundred
pounds and upwards;^ and that such inliabitants as the said asses-
sors, to the best of their knowledge and judgment, believe not to be
possessed of real or personal property, goods or effects, to the value
of fifty pounds, shall be included in a list to be called the excused
list.2

1. In 1794 this Act was amended by adding two further classes, the
9tli and 10th, consisting of householders possessing property valued be-
tween £450 and £500 and between £500 and £550 respectively. The
amended act then authorized the assessors to make a list to be called the
Upper list, of all householders possessed of property in excess of £500.
Within the 9th class the rate was £1 2s. 6d., within the lOth, £1 5s., and
in the Upper list 5s. for every £100. (34 Geo. Ill, Chap. VI.)

2. The provision for an excused list was altered by clause VI. of
the Aot 34 Geo. Ill,; Chap VI.

" And whereas every inhabitant householder within this Province,
possessed of a location or lot of land, by his Majesty's bounty, or other-
wise, may by his honest industry, support himself, and at the same time
contribute something to the public stock of the district; Be it enacted
that the appellation of the excused list, by the said abovementioned act,
directed to be given to the list containing the names of the persons there-
in specified, do cease and determine; and that such list be continued to

COySTITUTIOXAL DOCUMEXTS 93

SESSIONAL PAPER No. 29c

X. And he it Enacted hy the authority aforesaid^ That the said -A- copy of the
assessors shall and they are hereby required within six weeks from returns^duly
the time of their appointment, to make out a copy of such their certified, to be
returns of all the inhabitant householders within their respective *'^® collectors
parish, township, reputed township or place, so divided into classes as ieyyin<r rates,
aforesaid, with the names of the said assessors thereunto subscribed,

and to present the same to two justices of the peace living within

or next to such parish, township, reputed township or place, for their

consideration and allowance, which they are to signify by signing

the said return, and such allowance of the said justices shall be a

sufficient warrant for the collectors of the said parish, township,

reputed township or place, to demand and receive from the said

inhabitant householders the rates hereafter imposed by virtue of

this act, and the said assessors shall cause the same to be fixed on The same to be

the church door, or some other place of public resort, in the said published, and

parish, township, reputed township or place for general inspection, ^j^g^ to^^fe

and shall also transmit a copy of such return, signed by the said clerk of the

assessors, to the clerk of the peace of the respective districts. peace.

XI. And he it furtlier Enacted hy the authority aforesaid, That An appeal for
if any person shall be aggrieved by being included in any of the for^o'^issions
classes above mentioned, or shall have any material objection to any in the classes,
person being left oiit of anv of the said classes in such return as shall be to the
aforesaid, he may upon giving reasonable notice to the assessors in quarter sessions,
his own case, and to the party in case of any such objection as afore-
said, appeal to the next general quarter sessions, and it shall and

may be lawful for the said justices to inquire into the matters afore-
said, 'upon oath to be administered to the parties, if to the said
justices it shall appear to be needful, (which oath the said justices
are hereby impowered and authorized to administer) and having
enquired, to determine the same either by confirming or amending
such return, in such manner only as shall be necessary to give relief
in the matters complained of, and such determination of the said
justices shall be final in all matters aforesaid,

XII. And he it further Enacted hy the authority aforesaid, That Rate to be paid
it shall and may be lawful for the collector of each parish, township, by each i^^^^^*^^"
reputed township or place, and he is hereby authorized, to demand hoijjer of the
and receive yearly and each year for the space of two years next first class and
ensuing the twenty-fifth day of March, which will be in the year of f™"

our Lord one thousand seven himdred and ninety-four, of every
inhabitant householder, whose name shall be included in the first
class aforesaid, the sum of two shillings and six pence, as his rate
or proportion of the district assessment, to be levied for the uses and
purposes aforesaid.

XIII. And also to demand and receive, for and during the time Of 'the 2d
aforesaid, of every inhabitant householder, whose name shall be ^ '^®^-

be made out, and be called the Under List; and that every inhabitant
householder within this Province, whose name shall be included in the
said Under List, shall for the said year ensuin":, contribute and pay the
sum of two shillings, towards the public stock of the district, to be pro-
portionably diminished, in case it shall not hereafter be found necessary
to impose an entire rate according to the provisions in the said Act in
that behalf contained."

By the Act 43 George III, Chap. XII. the basis of assessment was
completely changed. The existing classification of householders was
abandoned and a valuation was placed on the various articles of real and
personal property which were subject to taxation.

94

CANADIAN ARCHIVES

Of the 3d
class.

Of the 4th
class.

Of the 5th
class.

Of the 6th
class.

Of the 7th
class.

Of the 8th
class.

The collector to
pay periodically,
into the hands
of the district
treasurer, the
monies so re-
ceired, respec-
tively, & to
produce their
books for inspec-
tion, and to
receive 3 per
cent for
collecting.

4 GEORGE v., A. 1914

included in such second class as aforesaid, the sum of five shillings,
as his rate or proportion of the district assessment, to be levied for
the uses and purposes aforesaid.

XIV. And also to demand and receive, for and during the time
aforesaid, of every inhabitant householder, whose name shall be
included in such third class as aforesaid, the sum of seven shillings
and six-pence, as his rate or proportion of the district assessment,
to be levied for the uses and purposes aforesaid.

XV. And also to demand and receive, for and during the time
aforesaid, of every inhabitant householder, whose name shall be
included in such fourth class as aforesaid, the sum of ten shillings,
as his rate or proportion of the district assessment, to be levied for
the uses and purposes aforesaid.

XVI. And also to demand and receive, for and during the time
aforesaid, of every inhabitant householder, whose name shall be
included in such fifth class as aforesaid, the sum of twelve shillings
and six-i)ence, as his rate or proportion of the district assessment,
to be levied for the uses and purposes aforesaid.

XVII. And also to demand arid receive, for and during the time
aforesaid, of every inhabitant householder, whose name shall be
included in such sixth class as aforesaid, the sum of fifteen shillings,
as his rate or proportion of the district assessment, to be levied for
the uses and purposes aforesaid.

XVIII. And also to demand and receive, for and during the
time aforesaid, of every inhabitant householder, whose name shall
be included in such seventh class as aforesaid, the sum of seventeen
shillings and six -pence, as his rate or proportion of the district
assessment, to be levied for the uses and purposes aforesaid.

XIX. And also to demand and receive, for and during the time
aforesaid, of every inhabitant householder, whose name shall be
included in such eighth class as aforesaid, the sum of twenty shil-
lings, as his rate or proportion of the district assessment, to be levied
for the uses and purposes aforesaid.

XX. And he it further Enacted hy ike authority aforesaid, That
the collector of each and every parish, township, reputed township
or place, shall, and he is hereby required once in every three months
to pay or cause to be paid to the treasurer of tlie district, all such
monies as he shall have received under and by virtue of this act,
and shall also produce the book or books of assessment for the
examination of the said treasurer, and it shall and may be lawful for
the said treasurer, upon being satisfied that all the monies to be
received by virtue of this act, have been duly collected and paid or
accounted for by the said collector, to pay into the hands of the said
collector, the sum of three pounds for every hundred pounds so by
him collected and paid as aforesaid, and at and after the same rate
and proportion, for any sum less than one hundred pounds, by him
collected and paid, and the said treasurer shall and is hereby required
to give a receipt for the monies so collected and paid over to him,
which receipt shall be a good and sufficient discharge to the said
collector, for the monies so collected and paid by him to the said
treasurer.

CONSTITUTIONAL DOCUMENTS 95

SESSIONAL PAPER No. 29c

XXL Provided always, and he it enacted. That for the purposes Provision for
of the current year which will determine on the twenty-fifth day of iga/"^^^^*^
March, one thousand seven hundred and ninety-four, it shall and
may be lawful, for the said collectors, and they are hereby required,
to demand and levy in manner herein after to be mentioned, from
each and every inhabitant, according to the several classes in which
they shall respectively be included, one half of the rate to be yearly
assessed on each and every class according to the proportions herein
before set forth, and that each and every person whose name shall
be returned in the first class, shall pay for the purposes aforesaid,
the sum of fifteen pence, that each and every person, whose name
shall be returned in the second class, shall pay for the purposes
aforesaid, the sum of two shillings and six pence, that each and every
person, whose name shall be returned in the third class, shall pay
for the purposes aforesaid, the sum of three shillings and nine pence,
and that each and every person, whose name shall be returned in the
fourth class, shall pay for the purposes aforesaid, the sum of five shil-
lings, and that each and every person, whose name shall be returned
in the fifth class, shall pay for the purposes aforesaid, the sum of six
shillings and three pence, and that each and every person, whose name
shall be returned in the sixth class, shall pay for the purposes afore-
said, the sum of seven shillings and six pence, and that each and
every person, whose name shall be returned in the seventh class, shall
pay for the purposes aforesaid, the sum of eight shillings and nine
pence, and that each and every person, whose name shall be returned
in the eighth class, shall pay for the purposes aforesaid, the sum of
ten shillings.

XXII. And he it further Enacted hy the Authority aforesaid. The collectors

That the said collectors shall make out a book of account, containing to make out

the names of each inhabitant householder, within their parish, town- account

ship, reputed township, or place, who are liable to be charged with

such assessment, divided into their respective classes, according to

the returns made by such assessors as aforesaid, and that upon the

payment of the rate so charged upon them in their several classes,

the said inhabitant householders, and each of them may require the

collector to write the word " paid," opposite to his or her name, and

likewise to write down in figures the sum so paid in a ruled column

or margin in such book to be made, and that such entry shall be a entry therein

full and suflicient discharge to such inhabitant householder for the "^/^^^^^^^® ?j
. , . , ° rate when paid.

payment ot the said rate.

XXm. And he it further Enacted hy the Authority aforesaid. The rate to be
That if any inhabitant householder shall refuse or neglect to pay trera on^neelect
the sum or rate, for which he stands classed and rated in manner^^or refusal of
aforesaid, by the space of fourteen days after demand duly made of payment, aftei
the same by the said collector, such collector shall, and he is hereby
required, to levy the same by distress and sale of the goods and chat-
tels of the person so neglecting or refusing to pay, having first
obtained a warrant for that purpose, under the hand and seal of some
justice of the peace, within the said district, and to render the over-
plus, if any there shall be, after deducting the amount of the rate
assessed and the charges of the distress and sale, to the owner
thereof.

96

CAN AD FAX ARCUIYES

No collector to
act without
having entered
into a bond with
a sufficient
surety.

A treasurer to
be appointed by
tho justices in
quarter sessions
for their respec-
tive digtric'ts, to
•whom he shall
give sufficient
security.

In what manner
and to what
uses the public
stock of the dis-
trict shall be
i^.pplied.

Allowance of 3
per cent to. the
treasurer, on
monies received.

Treasurer to
keep books of
entries, and at
every quarter
sessions to lay
before the jus-
tices a state-
ment of his
receipts and
disbursements.

4 GEORGE v., A. 1914

XXIV. And he it further Enacted oy the Authority aforesaid.
That no collector of any parish, township, reputed township or
place, shall be authorized to demand pajinont of any assessment or
rate to be imposed upon any inhabitant householder by virtue of
this Act, until after he shall have entered into a bond with a suffi-
cient surety to the church or town wardens of the said parish, town-
ship, reputed township, or place, and their successors in the penal
sum of one hundred pounds,^ that the said collector will duly and
faithfully account and pay into the hands of the treasurer "of the
district, all and every sum or sums of money that he shall receive,
on account of the said assessment and rates. Provided always, that
the receipt of such treasurer shall be a sufficient discharge to all
such collectors for the amount thereof, and shall be so far deemefl
and taken as evidence of the performance of the conditions in such
bond or obligation to be contained.

XXV. And he it further enacted hy the Authority aforesaid,
That it shall and may be lawful for the said justices at their
respective general quarter sessions, or the greater part of them, then
and there assembled, to nominate and appoint a proper person, being
resident in the said district, to be treasurer of the said district,
which treasurer shall give sufficient security, in such sums, as shall
be approved of by the said justices at their respective general quarter
sessions, or the greater part of them, then and there assembled, to
be accountable for the several sums of money which shall be
respectively paid to him in pursuance of this Act, and to pay such
sum or sums of money as shall be ordered to be paid by the justices
in their general quarter sessions, and also for the due and faithful
execution of the trust reposed in him, and all and every such sum
or sums of money as shall be paid into his hands by virtue of and in
pursuance of this Act, shall be deemed and taken to be the public
stock of the district, and the said treasurer shall and is hereby
required, to pay so much of the money in his hands, to such person
and persons as the said justices at their respective general quarter
sessions, or the greater part of them, then and there assembled,
shall by their orders direct and appoint, for the uses and purposes
herein before recited, and for any other uses and purposes to which
the public stock of any district is or shall be applicable by law,
reserving at all and every time or times to and for his own use, and
as a reward for his labor and expence, the sum of three pounds for
every hundred, that shall or may be paid into his hands by the said
collectors for the purposes aforesaid.

XXVI. And he it further Enacted hy the Authority aforesaid,
That the said treasurer shall, and is hereby required, to keep books
of entries of the several sums respectively received and paid by him
in pursuance of this Act, and also to deliver in true and exact
accounts upon oath, if required, (which oath, any one of the justices
at their respective general quarter sessions is hereby authorized to
administer) of all and . every sum or sums of money respectively
received and paid by him, distinguishing the particular uses to which

1. By sections VI. and VII. of the Act 46 Geo. Ill, Chap. V. the
collector was required to enter into a bond with two sureties to the Clerk
of the Peace for the sum of two hundred pounds. This provision was
altered by an Act of 1808 by which the collector was bound to the trea-
surer of the district instead of to the Clerk of the Peace.

CONSTITUTIONAL DOCUMENTS ^ , 97

SESSIONAL PAPER No. 29c

such sum or sums of money have been applied, to the justices at
every general quarter sessions to be holden for the district, and shall
lay before the justices of such session the proper vouchers for the
same, and the discharges of the said justices of the peace, or the
greater part of them, by their orders made at their general quarter
sessions to such treasurer, shall be taken and allowed, as good and
sufficient acquittances to the full amount thereof.

XXVn. And he it further Enacted hy the Authority aforesaid. Treasurer to be
That it shall and may be lawful for the said justices of the peace, JJ^ov^at*^
at their general quarter sessions assembled, or the greater part of pleasure', by the
them, from time to time, to continue such treasurer in his office so justices in
long as they shall see convenient, and to remove him at their pleasure, ^^^^ *' sessions,
and appoint any other person in his place.

XXVIII. And he it further Enacted hy the Authority aforesaid, Provision for
That in order to make provision for the district assessment after assessments
the expiration of two years as_ aforesaid, it shall and may be lawful after the ex-
for the justices of the peace, in their general quarter sessions in the P\^^"on of
month of April assembled,' or the greater part of them, to cause an

estimate to be laid before them of the sum or sums of money that
may be necessary, to defray the charges and expences accruing to
their respective districts, for the uses and purposes aforesaid, for
the ensuing year, and having determined and resolved upon the same^
to cause the amount of the sum to be raised, to be divided, in an
exact proportion, to the rate with which each class is severally
charged, as herein before is provided, and to declare that the assess-
ment required will be a half rate, a third, fourth, fifth, eighth, or
any aliquot part of a rate, by computing the proportion, which the
sum proposed to be raised bears to the amount of the sum, which
shall have been raised by the original rates of two shillings and six
pence, five shillings, ten shillings, and twenty shillings, severally
imposed on each respective class as aforesaid, and for that purpose
to make a special order declaring the amount of the stun intended
to be raised, and specifying the fractional part of the rate to be The fractional
assessed and collected (in case it shall not be deemed necessary to P^rt of a rate
impose an entire rate, according to the proportions aforesaid) on ^^^^^ it^ill
each and every inhabitant householder, according to their respective suffice. '

classes as aforesaid, which order being signed by the said justices in
their general quarter sessions in the month of April assembled, or
the greater part of them, shall be binding upon each and every
inhabitant householder, in resp>ect of the rate, with which he stands
charged throughout this Province. And the high constable shall, at
such times as the said justices by their order in sessions shall direct,
cause such rates to be levied by a warrant under his hand, directed
to the assessors and collector of every parish, township, reputed town-
ship or place within this Province.

XXIX. And he it further Enacted hy the Authority aforesaid, jj_ j^.^ assess-
That no new assessment shall be made, until it shall appear to the ment to be
justices at their respective general quarter sessions, or the greater R^® °f ^l

part of them, then and there assembled, by the accounts of their preceding rate '
treasurer or otherwise, that three-fourths of the money collected by be expended.

1. An act was passed in 1796 permitting the justices of the peace
to levy a rate in the meeting of the Quarter Session immediately follow-
ing the passing of the act.
29c— 7

98

CANADIAN ARCHIVES

The iriemhei's
of the house of
assembly to be
allowed wages
for their
attendance
thereat.

not exceeding
10s. x>er day.

the same to be
raised within
the respective
counties or
ridings, repre-
sented by the
members,

and by dis-
tress on neglect
or a refusal of
payment, after
due notice.

4 GEORGE v., A. 1914

virtue of the preceding rate, shall have been expended for the uses
and purposes mentioned in this Act.

XXX. And whereas, it was the ancient usage of that part of
Great Britain called England, i6v the several members representing
the counties, cities and boroughs therein, to receive wages for their
attendance in Parliament, and whereas it seems expedient to adopt
the same custom in this Province; Be it therefore further enacted,
that after every prorogation and dissolution of the Assembly of this
Province, it shall and may be lawful for every member thereof hav-
ing attended,- to receive from the speaker of the House of Assembly,
a warrant under his hand and seal, signifying the time that such
member hath attended his duty in the said Assembly, and every
member possessed of such warrant, shall and may ask and demand
of the justices of the peace for the district, in which the county or
riding represented by such member may be situate, in their general
quarter sessions assembled, a sum not exceeding ten shillings per
day, for every day that the said member shall have been engaged
in the attendance of his duty in the House of Assembly; and have
been necessarily absent from his place of abode, in going to, or return-
ing from his said attendance, which sum it shall and may be lawful
for the said justices to levy by assessment to be made on each and
every inhabitant householder in the several parishes, townships,
reputed townships or places, within the county or riding represented
by such member, by virtue, of and in pursuance of an order to be
by the said justices made for that purpose to the high constable of
the district, who shall and may thereupon issue his warrant to the
assessors of the several parishes, townships, reputed townships or
places as aforesaid, who shall assess the same by dividing the sum to
be assessed according to the rates and proportions as aflSxed to the
several classes, in the return made as herein before mentioned,
which rates shall be levied by the collector in manner herein before
directed, and paid over to the said member, and in case any person
shall refuse or neglect to pay his due proportion or rate so to be
assessed as aforesaid, by the space of fourteen days after the same
shall have been demanded of him by the said collector, it shall and
may be lawful for the said collector to levy the same by distress
and sale of such persons goods and chattels, having first obtained a
warrant for that purpose in the manner herein before directed.*

1. The act 43 Geo. Ill, Chap. XI, repealed this XXXth Clause. The
provisions regarding the rate of payment and the speaker's warrant
were embodied in the act of 1803, but a change was made in the method
of levying the tax. This sum, it enacts, " it shall or may be lawful for
the said Justices to levy, by assessment to be made on each and every in-
habitant householder in the several parishes, townships, or places within
the County or Riding represented by such Member, in the same manner
and form as by law any assessment may now or hereafter be levied, for
any public purpose in any district in this Province; and for the said
Justices to issue their order upon the Treasurer of the district to pay
the amount of the sum to which any such Member may be intitled, out
of the monies which may come into his hands, under and by virtue of
any Act of the Provincial Parliament. And it shall and may be lawful
to and for each and every Member, who may now or hereafter represent
part of two or more districts, to ask and demand from the Speaker of
the House of Assembly, who is hereby authorized and required to grant
the same, a Warrant, directed to the justices in General Quarter Sessions
assembled, of each of the said districts, which the said Member shall so
represent, which Warrant shall specify the sum that each district is
liable to pay, and the Justices thereof respectively, are hereby required
to cause the sum specified in such Warrant to be collected and paid to
the said Member, in manner and form as herein before directed."

CONSTITUTIONAL DOCUMENTS 99

SESSIONAL PAPER No. 29c
Schedule. ■

HIGH COXSTABLe's WARRANT TO LEVY THE RATE.

To the Assessors and Collector of the Township of
in the said District.

Western District.

By virtue of an order from His Majesty's justices of the peace, Form of high
in and for this district in their general quarter sessions assembled, ?.?i^^^„f„;®+l
you are hereby required to raise the sum of withm your levy the rate,

township, in such manner as by a certain Act of the Legislature of
this Province, for that purpose, passed in the thirty-third year of
his present Majesty's reign, is directed, being the proportion of your
township (or parish) for and towards the general district assess-
ment for defraying the expences of building a gaol and court house
and keeping the same in repair, for the payment of the gaolers
salary, for the support and maintenance of prisoners, for building
and repairing houses of correction, for the construction and repair-
ing of bridges and other purposes in the said Act mentioned, and
hereof you are not to fail on the peril that shall ensue thereof.

Given under my hand this day of

A. H. High Constable.

Form of an Assessment.

Eastern District. }
Township of (

An assessment for defraying the expences of building a gaol and
court-house and keeping the same in repair, for the payment of the
gaolers salary, for the support and maintenance of prisoners, for
building and repairing houses of correction, for the construction and
repair of bridges and other purposes mentioned in an Act of the
Legislature of this Province, of the thirty-third year of his present
Majesty, intituled, An Act to for the township, or

reputed township, called in the county of

made and assessed the day of

Class I. Containing the name of such inhabitant householders
living within the township aforesaid, as we to the best of our know-
ledge and judgment, do believe are possessed of real or personal
property, goods or effects, to the value of fifty pounds, and not
amounting to one hundred pounds, and who are severally and each
to pay the sum of two shillings and six pence, in respect of their
rate and proportion of the said assessment.

G.H.^

LK. V First class: rate two shillings and six pence.
L.M. J

Class II. Containing the names of such inhabitant householders,
living within the township aforesaid, as we to the best of our know-
ledge and judgment, believe are possessed of real or personal pro-
perty, goods or effects to their own use, to the value of one hundred
29c— ?i

100 CANADIAN ARCHITES

4 GEORGE v., A. 1914

pounds, and not amounting to one hundred and fifty pounds, and
who are severally and each to pay five shillings, in respect to their
rate and proportion of the said assessment.

P,Q. i. Second class : rate five shillings.

R.S.J

Class in. Containing, &e. Class VIII. Containing, &c.
Assessed by us, • < 'j^ > Assessors.

I

CONSTITUTIONAL DOCUMENTS 101

SESSIONAL PAPER No. 29c

LETTERS PATENT ERECTING THE PROVINCES OF LOWER CANADA
AND UPPER CANADA INTO A BISHOP'S SEE.'

Geobqe the Third by the Grace of God, King of Great Britain, Fianoe and
Ireland, Defender of the Faith &c.

To All to whom these Presents shall come, Greeting. —

Whereas We did, by Letters Patent,* vinder our Great Seal of Great Britain
bearing date the thirteenth day of August in the twenty seventh year of our reign,
give and grant unto the Right Reverend Father in God Charles, by divine permission.
Bishop of Nova Scotia in North America by himself & by his sufficient Commissary,
or Commissaries to be by him substituted and appointed full power and authority to
exercise jurisdiction Spiritual and Ecclesiastical in the Province of Quebec, now
divided into two Provinces and called the Province of Lower Canada and the Province
of Upper Canada as well as in the Provinces of New Brunswick and the Island of
Newfoundland respectively, according to the Laws and Canons of the Church of Eng-
land as by om- said Letters Patent relation being thereunto had will more fully and at
large appear. —

Now We have thought fit to revoke and determine and do hereby revoke & deter-
mine so much of our said Letters Patent as relates to the said Province of Quebec
(now the Province of Lower Canada and the Province of Upper Canada) and every
clause, article or thing in our said Letters Patent contained as relate thereto.

And whereas the doctrine & discipline of the Church of England are professed &
observed by a very considerable part of our loving Subjects of the said Provinces of
Lower Canada and Upper Canada and their dependencies in North America.

And whereas by an Act of Parliament passed in the thirty first year of our reign,
intituled " An Act to repeal certain parts of an Act passed in the fourteenth year of
"His Majesty's Reign, intituled. An Act for making more effectual provision for the
" Government of the Province of Quebec in North America & to make further pro-
" vision for the Govei'nment of the said Province " sundry provisions are thereby made
respecting the allottment and appropriation of lands for the support of a Protestant
Clergy within our said Provinces, and also respecting the constituting, erecting and
endowing Parsonages or Rectories within the said Provinces, and also respecting the
presentation of Incumbents or Ministers to the same, and also respecting the manner
in which such Incumbents or Ministers shall hold and enjoy the same.

And whereas the Churches of the said Provinces are not without great difficulty
supplied with Ministers duly ordained, and the people thereof deprived of some offices
prescribed by the Liturgy and usage of the Church of England for want of a Bishop
residing in the said Provinces; for remedy of the aforesa'id inconveniences and
defects. We have determined to erect the aforesaid Provinces into a Bishop's See; And
We do by these Presents erect, found, ordain, make and constitute the said Provinces
of Lower Canada and Upper Canada and their Dependencies to be a Bishops See, and
be called from henceforth the Bishoprick of Quebec, and to the end that this our
Intention may be carried into due effect. We having great confidence in the Learning
Morals, Probity and Prudence of our beloved Jacob Mountain, Doctor in Divinity do
name and appoint him to be Bishop of the said See of Quebec and its Dependencies
so that he the said Reverend Jacob Mountain shall be and be taken to be Bishop of the

1. From the copy in the Canadian Archives, Q. 108, page 131.

2. For the letters patent see the Canadian Archives, M 505.

102 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Bishop's See of Quebec and its depciKloneies and may by virtue of this our nomina-
tion and appointment enter into and possess the said Bishop's See as the Bishop
thereof during his natural life without any let or impediment of Us, Our Heirs or
Successors.

And We do by these Presents give and grant to the said Jacob Mountain and his
Successors Bishops of Quebec and its Dependencies full power and authority to confer
the Orders of Deacon and Priest, to confirm those that are baptized and come to years of
discretion, and to perform all the other functions ipeculiar and appropriated to the office
of a Bishop, such Bishop and his Successors having been first duly ordained or con-
secrated Bishops according to the form prescribed by the Liturgy of the Church of
England, and also by him or themselves or by his or their Commissary, or Commis-
saries to be by him or them substituted and appointed to exercise Jurisdiction spiritual
& ecclesiastical in and throughout the said See and Diocese according to the laws and
canons of the Church of England which are lawfully made and received in England
in the several causes and matters hereafter in these Presents expressed and specified
& no other/

And for a declaration of our royal will concerning the special causes and matters
in which We will that the aforesaid Jurisdiction shall be exercised. We have further
given and granted, and do by these presents give & grant to the aforesaid Bishop and
his Successors full power and authority by him or themselves or by his or their suf-
ficient Commissary or Commissaries by him or them to be substituted and named to
give Institution to Benefices and grant Licences to Curates and to visit all Kectors,
Curates, Ministers & Incumbents of all the Churches within their said Diocese wherein
Divine Service shall be celebrated according to the rights and Liturgy of the Church
of England and all Priests & Deacons in holy orders of the Church of England resident
in their said Diocese with all and all manner of Jurisdiction power and coersion
ecclesiastical that may be requisite in the premisses as also to call before him or them,
or his or their Commissary or Commissaries at such competent days, hours and places
whatsoever when and as often as to him or them or his or their Commissary or Com-
missaries shall seem meet and convenient the aforesaid Rectors, Curates, Ministers,
Incumbents, Priests or Deacons in holy orders of the Church of England or any
of them and to enquire by Witnesses to be sworn in due form of law by him or them
or his or their Commissary or Commissaries and by all other lawfid ways and means
by which the same may by law be best and most effectually done as well concerning
their morals as their behaviour in their said offices and Stations respectively, as also
to administer all such oaths as are accustomed to be taken in ecclesiastical Courts and
to punish and correct the aforesaid Rectors, Curates, Ministers, Incumbents, Priests
and Deacons in holy orders of the Church of England according to their merits,
whether by removal, deprivation, suspension or other such ecclesiastical censure or
correction as they may be liable to according to the Canons & Laws, ecclesiastical
aforesaid.

And further. We have given and granted and do by these Presents give and grant
to the aforesaid Bishop and his Successors full power and axithority from time to time
to name and substitute under his or their hands and episcopal Seals one or more
efficient Commissary or Commissaries to exercise and perform all and singular the
premises in the said Diocese and the several parts thereof with effect, and to remove
and change the said Commissaries from time to time as to him or them shall seem
expedient.

And We will that during a vacancy of the said See by the demise of the said
Bishop or his Successors or otherwise, Institution to Benefices and Licences to Curates
may be given by the Commissary or Commissaries who were so as aforesaid named &

1. For the opinion of Sir John Nicholl on the meaning of this clause see page 339.

COXSTITVTIO:S\iL DOCUMENTS 103

SESSIONAL PAPER Mo. 29c

substituted by the last preceding Bishop and were in the possession of that office under
such Substitution and appointment at the time when the See became vacant, and in
case of the death of such Commissary or Commissaries before another Bishop is
appointed to the said See, We will that Institutions to Benefices & Licences to Curates
within the said Diocese may be given by or by the authority of any two Clergymen of
the Church of England resident in the said Biocese who shall be appointed for that
purpose by the Governor of the Province. —

And moreover We command and by these Presents for us, Our Heirs and Suc-
cessors strictly enjoin as well all and singular Our Governors, Judges and Justices,
as all and singular Rectors, Curates, Ministers, Incumbents and other Our Subjects
in our said Provinces of Lower Canada & Upper Canada and their dependencies, that
they & every of them be aiding and assisting to the said Bishop and his Successors
and his or their Commissary or Commissaries in the execution of the Premisses in all
things as becomes them.

Kevertheless We will and do by these Presents declare and ordain that it shall be
lawful for any person or persons against whom any Judgment, Decree, or Sentence
shall be pronounced by any Commissary or Commissaries of the said Bishop or his
Successors to demand a re-examination & review of such Judgment, Decree or Sentence
before the Bishop himself or his Successors, who upon such demand made shall take
cognizance thereof and shall have full power and authority to affirm, reverse or alter
the said Judgment sentence or decree of His or their Commissary or Commissaries
after having fully and maturely re-examined and reviewed the same.

And if any party or parties shall conceive himself or themselves aggrieved by any
Judgment decree or sentence pronounced by the said Bishop or his Successors either in
ease of any such revision or in any cause originally instituted before such Bishop or
his Successors, it shall be lawful for such party or parties so conceiving himself or
themselves to be aggrieved to appeal from such sentence to Us, Our Heirs or Suc-
cessors in Our High Court of Chancery of Great Britain so as notice of such appeal
be given to the said Bishop within fifteen days after such Sentence shall have been pro-
nounced, and good and sufficient security in the penalty of One Hundred pounds given
to the Appellant or Appellants to pay such Costs as shall be awarded in case the Sen-
tence appealed from shall be affirmed by Commissioners to be named by Us, Our
Heirs & Successors under our Great Seal of Great Britain for the hearing and deter-
mining of the same.

And we will that such Commissioners shall have power finally to decide and deter-
mine the said Appeal in as ample manner and form as the Commissioners appointed
and assigned under our Great Seal of Great Britain, by virtue of the Statute made in
the twenty fifth year of the Reign of King Henry the Eighth (intituled " An Act for
the submission of the Clergy & restraint of Appeals ") can or may hear and definitely
<letermine appeals from any of the Courts of the Archbishops of Our Realm of
England.

Moreover We will and grant by these Presents that the said Bishop be a Body
corporate, and do ordain, make, & constitute him to be a perpetual Corporation, and to
have perpetual Succession and that he &, his Successors be for ever hereafter called and
known by the ISTame of Bishop of Quebec and that he and his Successors by the Name
aforesaid shall be able and capable in the law and have full power to purchase, have,
take, hold an<l enjoy, such manors, messuages, lands, rents, tenements, annuities and
hereditaments of what nature or kind soever in fee and in perpetuity or for term of
life or years as by grant or licence under the Great Seal of our said Provinces of Lower
& Upper Canada he or they, shall at any time be authorised to take, hold and enjoy,
and also all manner of goods, chattels, and things personal whatsoever of what nature
and value soever and also to demise any of the said manors messuages, lands, tene-
ments and hereditaments whereof or wherein he or they shall have any Estate or
Interest as aforesaid in such manner as by licence under the Great Seal of Our Prov-

104 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

inces of Lower Canada and Upper Canada he or they fehall at any time be authorised
for that purpose; and that he and his successors by and under the said name may
prosecute, claim, plead and be impleaded, defend and be defended, answer and be
answered in all manner of Courts of Us, Our Heirs & Successors and elsewhere in and
ui)on all and singidar causes, suits, Writs, & demands real, personal and mixed as well
temporal as spiritual and in all other things, causes & matters whatsoever and that
he and his Successors shall and may for ever hereafter have and use a' Corporate Seal
and the said Seal from time to time at his and their will and pleasure to break,
change, alter or malce new as to him or them shall seem expedient.

Moreover, We will and ordain by these Presents that the Bishop of the said See
of Quebec and his Successors shall be subject and subordinate to the Archiepiscopal
See of the Province of Canterbury and to the Most Reverend Father in God John
Lord Ai'chbishop of Canterbury Primate of all England and Metropolitan and his
Successors in the same manner as any Bishop of any See within the Province of
Canterbury in our Kingdom of England is under the Authority of the aforesaid
Archiepiscopal See of Canterbury and the Archbishop thereof; save and except in the
matter of Appeals from Judgments, Decrees or Sentences pronounced by the said
Bishop of Quebec or his Successors, which we will shall not be made to the said Arch-
bishop of Canterbury or to his Courts, but to Commissioners appointed by Us or our
Successors in manner aforesaid.

And to the End that all the matters & things aforesaid may have their due Effect,
We do hereby signify to the Most Reverend Father in Christ John Lord Archbishop
of Canterbury, Primate of all England and Metropolitan, that we have erected and
founded the aforesaid Episcopal See of Quebec and have named and preferred our
beloved Jacob Mountain Doctor in Divinity to the said Bishoprick and have appointed
him the Bishop and ordinary Pastor thereof, requiring and by the faith and love
whereby he is bound unto us, commanding him to consecrate the aforesaid Jacob
Mountain, Bishop of Quebec, in manner accustomed and diligently to do & perform
all other things appertaining to his office in this behalf with effect, and further to the
end that all the other things aforesaid may be firmly holden and done We will and
grant to the aforesaid Jacob Mountain that he shall have our Letters Patent under
Our Great Seal of Great Britain duly made and sealed.

In witness whereof We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster the Twenty eighth day of June in the Thirty
third year of our Reign.

By Writ of privy Seal

YORKE
Endorsed:

Copy of
Letters Patent

L. 25 Henry 8. Chap. 21

C0N8TITUTI0XAL DOCUMENTS 105

SESSIONAL PAPER No. 29c

EXTRACTS FROM THE RULES AND REGULATIONS OF THE HOUSE
OF ASSEMBLY, LOWER CANADA. i

QUORUM.

Resolved.

L That the Quorum of this House do consist of thirty four Members, the
Speaker included.'

n. That the Rule which establishes the Quorum of this House, be a standing
Rule thereof.

BILLS.

Resolved.

L That every public Bill shall be introduced by a motion for leave, specifying
the title of the Bill, or by a motion to appoint a Committee to prepare and bring it
in, or by an order of the House on the report of a Committee.

II. That Bills of a private nature shall be introduced by a petition to be pre-
sented by a member and seconded.

III. That Bills relative to the criminal laves of England in force in this province,
and to the rights of the Protestant clergy, as specified in the act of the 31st year of
his Majesty chap. 31,* shall be introduced in the English language; and the Bills
relative to the Laws, customs, usages and civil rights of this Province, shall be intro-
duced in the French language, in order to preserve the unity of the texts.

IV. That such Bills as are presented shall be put into both languages, that those
in English be put into French, and those presented in French be put into English
by the clerk of the House or his Assistants, according to the directions they may
receive, before they be read the first time — and when so put shall also be read each
time in both languages — weU understood that each Member has a right to bring in
any Bill in his own language, but that after the same shall be translated, the text
shall be considered to be that of the language of the law to which said Bill hath
reference.

Rules relative to the introduction of phivate Bills, passed ix the House the 19th
April 1793.

V. That this House will receive no Petition for any sum of money relating to
public service, but what is recommended by His Majesty's Governor, Lieutenant
Governor or person administering the government at the time.

"VT. That when any Bill shall be brought into the House for confirming letters
patent, there be a true copy of such letters patent annexed to the Bill.

VII. That if any motion be made in the House for any public aid; subsidy,
duty or charge upon the people, the consideration and debate thereof, shall not pre-
sently be entered upon, but adjourned till such further day as the House shall think
fit to appoint; and then it shall be referred to the Committee of the whole house,
and their opinions to be reported thereupon before any resolution or vote of the
house do pass thereupon.

1. The following extracts are made from the Rules and Regulations of the House oj
Assembly, Lover-Canada, Quebec, Printed for John Neilson, MDCCXCIII.

2. The Committee appointed to draft the Eule.? of the Assembly had recommended that
the quorxim be tixed at twenty-six, but the House favoured an amendment making the quorum
thirty-four. Later in the first session, the number was reduced to twenty-six, and in the
following sf-ssion to eiphteen. Subsequently, however, it was increased.

8. See Article XLIl. of the Constitutional Act, Constitutional Documents, 1759-1791 Shorti
and Doughty, 1907, page 705

106 • CANADIAN ARCHIYEJ?

4 GEORGE v., A. 1914

VIII. That all aids and supplies granted to his Majesty by the Legislation of
Lower Canada are the sole gift of the Assembly of this Province, and all Bills for
granting such aids and supplies, ought to begin with the Assembly, as it is the
undoubted right of the Assembly to direct, limit, and appoint in all such Bills, the
ends, purposes, considerations, conditions, limitations and qualifications of such
grants, which are not alterable by the Legislative Council.

SUGGESTIONS REGARDING THE GOVERNMENT OF CANADA SL^-
MITTED BY LORD DORCHESTER TO M'^ SECRETARY DUNDAS.'

1^^ The Establishment of a general Government for all the King's Provinces in
North America.

To consist of a Governor General a general Legislative Council, and a House of
General Representatives to be chosen by the Assemblies of the different Provinces,
with a General Executive Council, and such other Officers as the King may see fit.

The necessity of a General Government for the Colonies was urged from New
York in 1783 and again in 17&0 in the letter N° 15 to Lord Grenville of the 8*^
February from Quebec particularly the inclosures C and D.^

Without a measure of this kind, the general Interest of the Empire as well as
the true Interest of the Colonies themselves will suffer and at a future day of their
Prosperity, the Unity of the Empire will be Endangered.

With the introduction of a General Government the Colonies of Nova Scotia
and New Brunswick should at the same time be put on a footing with the two
Canadas by giving them Quadrenial Elections, Seats in the Legislative Councils for
Life and their Lands free from Quit Rent.

2nd -jij^g Establishment of a free course of Justice throughout every part of His
Majesty's North American Dominions.

In the present unsettled State of the Boundary between the Colonies and the
United States, neither our Courts of Justice nor our Legislatures can operate coex-
i;ensively with the Kings Dominions and Possessions.^

4tu ^ more perfect organization of the Courts of Justice in Lower and Upper
Canada.

One supreme court of Common Pleas for each Province will give uniformity,
energy and dispatch to the Administration of Justice.

15*^^ An alteration of the new Canada Act, in respect to the disqualification of
those Canadians, who, though absent at the Cession have been residents of the Pro-
vince for more than seven Years.

1. From the contemporary copy in the Letter Book of the Governor-in-Chief, Canadian
Archives, G. 539, page 12. This copy is undated though another copy in Q. 62, page 43, bears
the date of February 19, 1793.

Although Lord Dorchester had heen absent from Quebec since August, 1791, he wes, as
Governor in Chief, actively promoting the interests of the Canadian provinces before the
British Government.

2. Lord Dorchester refers 'to the recommendations of Chief Justice Smith, first pre-
sented when Mr. Smith was a member of the Executive Council of the Colony of New York.
This scheme of federation was again advanced when the change in the government, of the
Province of Quebec was being considered. The letter of Chief Justice Smith to Lord Dorches-
ter and the Scheme for a General Government — enclosures C and D referred to — are to be

'found in Constitutional Documents, 1759-1791 Shortt and Doughty, pages 685-689.

3. See page 5, note 4.

COySTITUTIOXAL DOCUMENTS 107

GESSIONAL PAPER No. 29c

Several Members of the Upper and Lower House are supposed to be actually
xinder this disqualification.^

DUKDAS TO DOECHESTER.^

From Whitehall IT^^^ July 1793.

M^' Secretary Dundas
My Lord

Having maturely considered the Suggestions submitted to me by your Lordship
Telative to His Majesty's North American Governments, I take this opportunity pre-

1. The qualification for the franchise and for membership in the Assembly had been
determined by Articles XX to XXIV. of the Constitutional Act. (See Constitutional Docu-
ments, 1759-1791 Shortt and Doughty, 1907, page 699). Article XXII provided that no person
should be capable of voting at an election for a member of the Assembly or of being elected
to the Assembly who was not " a natural-born Subject of His Majesty, or a Subject of His
Majesty naturalized by Act of the British Parliament, or a Subject of His Majesty, having
become such by the Conquest and Cession of the Province of Canada."

The Act of the British Parliament 13 Geo. II, Cap. VII, An Act naturalizing foreigners
in the British Colonies in America, provided " That Foreigners who have resided or shall
reside seven years or more in any of His Majesty's Colonies in America, and shall not have
been absent more than two months at any one time during the said seven years, and shall
take and subscribe the Oaths, and make, repeat and subscribe the Declaration appointed by
1st Geo. 1st Chap. IStii and make and subscribe the Profession of the Christian belief,
appointed by ist of William and Mary chap. IS^ii before a Judge of the Colony, and receive
the Sacrament in some Protestant Congregation in Great Britain or some of the said Colonies
in America, shall be deemed Your Majesty's Natural born Subjects to all intents."

Since 1763 there had been a considerable immigration to Quebec of Europeans born with-
out the Dominions of Great Britain. Ptople falling witliin this class had petitioned Lieuten-
■ant-Governor Clarke in March, 1792, asking that the doubts regarding their rights be removed.
The question was referred to the British Law Officers and their opinion was that only those
foreigners naturalized upon the terms of the Act quoted above or at the time of the Cession
were capable of voting at the election-^ or of being elected members of the Assembly. (See
Canadian Archives, Q 58-1, pages 231-239 and Q 61-2, page 383).

Doubt still remained ns to what class of persons had become British Subjects "by the
Conquest and Cession of the Province of Canada." Lieutenant-Governor Clarke referred the
question to the Provincial Attorney General, Mr. James Monk who gave it as his opinion
that " the persons described by the Capitulation at the Conquest (Septr-. 1760) and by the
Treaty of Peace at the Cession of Canada (Feby. 1763) as becoming Subjects of His Majesty
are such Inhabitants, who had been " the Subjects of the most Christian King in Canada."
He continued " The Cases of the Canadian Gentlemen against whom objection may be raised
as not qualified &ca within the Letter of the Act, are, so far as I can learn, persons who
either retired from Canada with the French Army, or soon after the Conquest, or within the
periotl stipulated by the Treaty; or persons who reside<l in France at the period of the
Conquest and Cession of the Province of Canada." Lieutenant-Governor Clarke referred the
Persons and Effect^.

" About the year 1766 many Natives of Canada, or of old France who at the Conquest
were Officers in the French King's Service, and had so continued to different periods, after
the Conquest, and to the year 1766— And others. His Subjects who had quitted the Colony as
above stated, or were in France at the period of the Conquest, came to Canada to reside and
settle as Subjects of His Majesty. The Estates that some had held under the French King,
they had not sold; others, were H'eirs to persons who tuad remained in Canada, and became
Subjects conformable to the Treaty; others, purchased Estates after their return, nor do I
find that any legal objection has been taken, to any person of the above description, possessing
the Estates they hold under the French Government, nor to inherit, nor to take by purchase.
And so far the rever-e, to legal objection that many of them have been commissioned to
Offices of Trust in His Majesty's Government, of Majistracy, of the Militia, and of the Legis-
lative Council, under the Quebec Act 14 Go. 3 Chap. 83.

" And some of those persons I understand have been appointed to the Legislative Council :
• and others, chcsen to become Members of the House of Assembly. The terms of the Statute
are clear, and I the rather believe, some of the cases upon which objections may be raised,
will draw a legal conclusion against the Claimant Members for want of the qualification^
required to hold a Seat in tlie Legislature under the Statute of 31 of His Majesty Chap 31."
(See the Canadian Archives, Q. 61. pt. 2, page i45). A list of the Members of the Council and
Assemblv whose quolifioations were in doubt is appended to this report. (See also Monk to
Nepean.'Nov. 9th, 1793, Canadian Archives, Q. Gl pt. 2. page -168).

The question of naturalization and its relation to the risht to vote and to be elected to
the House of Assembly later arose in Upper Canada. For further documents see page 108
et seq.

2. From the contemporary copy in the Letter Book of the Governor-in-Chief, Canadian
Archives, G. 539, page 1. Other copies aie to be found in Q. 57, T)t. 2, page .323, and Q. 62, page
207.

108 CANADIAN ARCHIVES

4 GEORGE v., A. 1914-

vious to your Lordship's departure for Quebec, of conveying to you, my sentiment*
upon each of them seperately, and in the order in which they stand in a Copy of
them hereto subjoined.

The first suggestion cannot be carried into execution without an Act of Parlia-
ment ; but I have great doubts as to the measure itself, and it requires reasons more
forcible than any which have yet occurred to me, to convince me that such a con-
federacy amongst the distant dependencies of the Empire, can either add to its own
strength or the real happiness of the different Provinces.

With respect to Quit Rents in Nova Scotia and New Brunswick the collection
of them is for the present in effect suspended and the Colonial Quit Rents in general
are now under consideration, with a view to a certain arrangement for their final
determination.

The inconveniencies stated in the second Suggestion, cannot I conceive be
effectually remedied, untill a proper opportunity occurs for settling the Boundary
between His Majesty's Provinces, and the American States by Commissioners jointly
appointed by both Powers.* In the mean time it is certainly of consequence that
Justice, conformable to the Laws of the Provinces, should be administered to those
who are resident tvithin the extent of the authority of the Crown tho' not within the
limits of the Provinces.

And their obedience is the more obligatory, as they in fact participate in the
free Government and in many instances exercise the franchises created by the late
Canada Act, and with this view I highly approve of the Orders and directions which
have from time to time been given to the Commanders of such Posts as are without
the limits, as they tend in a great measure to lessen such inconveniencies as are
stated in the letters referred to by your Lordship; For at all events, the Authority
of Government so long as the Posts are held by the Crown, must be coextensive with
their limits.*

A plan for the purposes stated in the fourth Suggestion has already been trans-
mitted to Lieut. Gov' Clai-ke in my despatch to him of the S"^ October 1792,^ whicli
Plan if carried into compleat execution in all its parts will I am persuaded, effect in
Lower Canada everything required on this head. I have always conceived that it is
intended to constitute the Supreme Court in Upper Canada upon the same prin-
ciple.*

Should the difficulty stated in your Lordship's dispatch, fifteenth Suggestion,
ultimately be found to exist, it will then be a matter of consideration in what man-
ner the same should be obviated. In the meantime however, it is clear that the right
of the several persons to the seats to which they have been elected in the present
Assembly, as well as the right of any of those who have been summoned to the Legis-
lative Councils must be determined by the mode of proceeding prescribed by the late
Canada Act, for trying the same; and therefore, it seems highly advisable to seQ
first what such decisions may be, and upon what principles they are founded before

1. By the Jay-Grenville Treaty of 1794 the border posts were restored to the United
States and provieion was made for the appointment of Commissioners to determine the inter-
national boundary.

2. The text of the comments on Lord Dorchester's second siiK^estion piven in the
draft of this despatch, (Q 57, pt. 2, pajre 324) is slightly different from that found here though
the meanin.g is substantially the «ame.

3. See page 109.

4. See page 146.

CONSTITUTIONAL DOCUMENTS 109

SESSIONAL PAPER No. 29c

any further step is taken therein. Such decisions may be against the disqualification
supposed to exist, and so far be declaratory of the Law in future, in which case no
alteration I apprehend will be necessary.*

I am, my Lord

Your Lordship's
m. o. h. s.

Signed / HENRY DUNDAS.
The Right Hon^^" I
Lord Dorchester K.B. j

DUNDAS TO CLARKE.^

Whitehall 3^- Oct., 1792.

Lieut. Gov' Clarke
Sir,

The consequence of a due and uniform administration of Justice in the Provinces
of America and the West Indian Colonies has of late directed my particular attention
to that important object.'

Your letter to me (N°- 25) of 28*** April last* from which may be inferred the
number of causes which are brought before the Executive Council in the form of
Appeals, led me to examine more particularly into what had already drawn my atten-
tion, namely the state of Judicial proceedings and the constitution of the Courts
within your Province.

I have in consequence (after having communicated on the Subject, as well with
Gentlemen of considerable legal knowledge, and who have had much professional
practice in Canada, as with others,) formed a Plan for altering and amending the
Judicature in Lower Canada herewith transmitted to you, which you will recommend
t<j the Legislature of the Province for their consideration, and I trust adoption.'

As there will probably be a considerable apace of time between your receiving
it and the meeting of the Coimcil and Assembly to proceed upon business, you will
have an opportunity of giving it your best attention. Although I am convinced of
the expediency and utility of the Plan as to all its essential Points, it may neverthe-
less be necessary for the Legislature in carrying the same into execution to make
such alterations and additions as in it3 wisdom shall be thought meet, in order to
adapt it to local circumstances and to practice, but I trust they will be such only as
will in no wise affect the principle of the Plan.

1. Lieutenant-Governor Clarke in his despatch to Mr. Dundas No. 78 of July 3rd, 1793,
reporting the transactions of the first »Session of Parliament remarked, " The question re-
lative to the capability, under the Act of Parliament, of Sundry Canadian Gentlemen to
take their seats in the Legislative Council and House of Assembly was not agitated in either
branch of the Legislature. Monsieur de la Valtrie one of the Members for the County of
Warwick as mentioned in my letter (No. 65) of February 2nd was the only one objected to,
and the Petition against him, was suffered to pass unnoticed; and I do not think it probable
that any further attempt will be made during the existence of the present Assembly to bring
this Subject into discussion." (The Canadi;in Archives, Q 63, pt. 2, page 307). See also Monk
to Nepean No. 5, Jan. 3rd, 1793, Canadian Archives, Q 66, page 266). The question was not again
agitiited and no further action was taken.

2. From the copy in the Canadian Archives, Q. 77 A, page 3i. Another copy may be
found in Q 60, page 206.

3. The plans for the judicial establishments of the other North American Provinces
find the West Indian Colonies are to be found in the Canadian Archives, Q 57, pt. 2, pages
.351-356.

4. See page 62.

5. The substance of the despatch was communicated to the Legislative Council and
Assembly by a Message from the Lieutenont-Governor, January 14th. 1793.

110

CA NA DIA y ARCHIVES

4 GEORGE v., A. 1914

The constituting of Forms' — The regulation of Process as far as it is requisite,
or in short whatever is not to be established by the orders of the Courts themselves,
will form a part of the Bill as being in fact appurtenant to the Plan itself.

You will however, in a Bill of such Importance at all Events — reserve the same
when passed by the Council and Assembly, for His Majesty's Pleasure thereon, and
in the meantime, T hope, you will have an opportunity of acquainting me with such
additions and alterations, if any, as you conceive are likely to be proposed on your
recommendation of the measure.

In establishing offices to the respective Courts, in pursuance of the proposed
Plan, you will be careful to continue under the appointment of His Majesty, such
as have been usually under the same, and such as from the duties annexed to them
are of a similar description.

I am &c

HENRY DUNDAS.

Enclosure.

LOWER CANADA.

Proposed Plan.

Present Establishment.

That there be two Courts of Original Juris-
diction within the Province; One for the Dis-
trict of Quebec, the other for the District of
Montreal; to take cognizance of all Causes
whatsoever within the Province, as well Civil
as Criminal, & where the King is a party,
those purely of Admiralty Jurisdiction, and
such us are brought for sums under £20 (and
for which Provision is hereinafter made) ex-
cepted. The first to consist of His Majesty's
Chief Justice for the Province of Lower Can-
ada and two Puisne Justices with the follow-
in Salaries

Chief Justice £1,200

Puisne Justices Two, each £500. 1,000

£2,200
The other to consist of: —

H.M. Ch. Justice of the Court
of King's Bench at Montreal

with a Salary of £ 800

And two Puisne Justices each
£500 1,000

£1,800

In Aid of these two Courts a Provincial
Court to be established at Quebec, and another
at Montreal for those Districts respectively,
with one Judge to each, to hold Pleas in Civil
Si' its where the Demand is not above £20 and
from which there shall be no appeal.

The Judges of the Provincial Courts to have
a Salary of each £200- £400.

N.B. — The Districts of Quebec and Montreal
to include the whole Province.

If the Province particularly wish it, a sim-
ilar Provincial Court to the two above men-
tioned may be constituted for what is now
called the District of Gaspe, which (as it is
at a considerable distance from Quebec) may
create a necessity of extending the Jurisdic-
tion of the Court there to all causes under
£50 to avoid the delay of Justice.

Chief Ju&tice— £1.200.
Six Judges of Common
paid by the Province.
Attorney Genl- £300.

Pleas each £500,

1. The copy in Q. 60 reads " Terms " which appears to be preferable.

COyfiTITl'TIOSAL DOCUMEXTS IIL

SESSIONAL PAPER No. 29c

PLAN OF A BILL FOR ALTERING THE COURTS OF JUSTICE/

AK ACT FOR THE BETTER DIVISION OF THE PROVINCE OF LOWER CANADA, FOR AMENDING THE
JUDICATURE THEREOF AND FOR REPEALING CERTAIN LAWS HEREIN-MENTIONED.

Most Gracious Sovereign,

We Your Majesty's most dutiful and loyal subjects the Legislative Council and
Representatives of your people of the province of Lower Canada, having taken into
our most serious consideration the message'^ communicated to us by His Excellency
the Lieutenant Governor Your Majesty's Commander in Chief of this province, re-
commending a plan for altering and amending the judicature thereof, and establishing
a due and uniform administration of justice therein, and having maturely deliberated
upon the means recommended in the said message for securing to your people in this
province the important objects of your Majesty's paternal care, we do with profound
gratitude for the same, most humbly beseech your Majesty that it may be enacted and
be it enacted by the King's Most Excellent Majesty, by and with the advice and con-
sent of the Legislative Council and Assembly of the province of Lower Canada,
constituted and assembled by virtue of and under the authority of an act of the
Parliament of Great-Britain, passed in the thirty first year of His Majesty's reign,
entitled, " An act to repeal certain parts of an act passed in the fourteenth year of
'•'his Majesty's reign, entitled an act for making more effectual provision for the
" government of the province of Quebec in North America, and to make further pro-
" vision for the government of the said province," that the said province of Lower
Canada shall consist of two districts divided by the following lines, to wit, the eastern
shore of the River St. Maurice to the Lake St. Thomas, and thence a north-west line
as the magnetic needle points to the northern limits of the province, and running
from the eastern shore of the St. Maurice at its discharge into the river St. Lawrence,
across the same to the easterly side of the eastern mouth of the River Becancourt
and up the said eastern side of the Becancourt twenty miles, and thence on a course
south east to the southern limits of this Province, the easterly side of which partition,
shall be called the district of Quebec and the western side the district of Montreal.

And be it also enacted by the same authority, That there shall be erected, and
there are hereby erected two Courts of Original Jurisdiction within this province to
be called the Courts of King's bench one for the district of Quebec, to be held in the
city of Quebec, and the other for the district of Montreal, to be held in the city of
Montreal, to take cognizance of all causes, as well Civil as Criminal, and where the
King is a party, except those purely of Admiralty Jurisdiction, and such as are
brought for sums under twenty pounds sterling. The first to consist of his Majesty's
Chief Justice of the province of Lower Canada, and two Puisne Justices. The other
to consist of his Majesty's Chief Justice of the Court of King's bench at Montreal,
and two Puisne Justices, any two of whom, in their respective districts shall consti-
tute a Court for all judicial purposes whatsoever.

And for the more speedy administration of justice, be it further enacted by the
same authority. That there shall be held within each of these two districts at the

1. From the copy of the Bill as printed for John Neilson, Quebec, MDCCXCIII.

The plan for a judicial establishment proposed by Mr. Dundas was referred by
Lieutenant-Governor Clarke to the Chief Justice Mr. Smith, and to the Attorney General,
Mr. Monk, who separately prepared drafts of bills. A third bill was proposed by a committee
of the Le^slative Council. All three were then considered by the Council and formed the
basis of the bill here given. This bill was sent to the Assembly on April 8tli, 1793, and was
ordered to bo printed for public distribution, but owing to the lateness of the season its
consideration was deferred until the following session. (For the various drafts of bills, see
the enclosures in Clarke to Dundas, No. 79, July 3rd, 1793, the Canadian Archives, Q. 65,
pages 1-130). A copy was transmitted to Mr. Dundas and his observations, as given in the
notes which follow, are contained in his despatch to Lord Dorchester, No. 1 of Oct. 2nd,
1793, (The Canadian Archives, Q €5, page 325).

2. See page 109, note 5.

112 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

cities of Quebec and Montreal four Sessions of the said Court of Bang's Bench in
every year, to be called Hillary, Easter, Trinity, and Michaelmas Terms; Hillary
Term to commence on the first Monday, in the month of January; the Term of
Easter to commence on the second Monday, of the month of March; Trinity Term
to commence on the first Monday, in the month of July; and Michaelmas Term on
the second Monday, in the month of September yearly; that in case either of the
above days appointed for the commencement of the said several terms, should happen
to be a holy-day, then the term or terms shaU commence on the day following, not
being a holy-day, and the said teims shall severally continue for twelve days festivals
and non-juridical days not included, and it is declared and enacted that the first,
seventh and last juridical days in each term within each of the said district shall be
the return days for all writs issuing from the said Courts of King's Bench respec-
tively.

Provided always and it is hereby enacted that nothing in this act contained shall
extend or be construed to extend to prevent the Governor, Lieutenant Governor or
person administring the government of this province, for the time being, from issu-
ing at any time or times other than during the sittings of the said Terms commis-
sions of Oyer and Terminer and General Goal Delivery for such district or county
within this province as shall be deemed expedient and necessary.

Provided also, and it is hereby further enacted, That in every case where any
commission of Oyer and Terminer and General Goal Delivery shall issue, wherein
hig Majesty's Chief Justice of the province, or his Majesty's Chief Justice of the
Court of King's Bench at Montreal, or wherein two of the puisne Justices of the said
Court of King's Bench are not included, and assisting at the Courts to be held under
and by virtue of such commission, the execution of every sentence or judgment of
such Court wherein it shall extend to life or limb, shall be suspended until the appro-
bation of the Governor, Lieutenant Governor, or person administering the govern-
ment of this province shall be signified thereon by warrant under his hand and seal
at arms.

And to the end that the Government may have full information of the proceed-
ings of such Courts of Oyer and Terminer and General Goal Delivery, as shall be
held without the personal attendance either of the Chief Justice of the province, or
of the Chief Justice of the King's Bench at Montreal, or of two puisne Justices of
the said Courts of King's Bench. Be it also enacted by the same authority. That it
shall be the duty of the said Courts, with all convenient speed, to transmit to the
Governor or Lieutenant Governor, or persons administering the government of the
province for the time being, all and every the proceedings that may be had before
such Justices of Oyer and Terminer and General Goal delivery in the several cases
above mentioned, in the manner directed and ordained in an act of the Governor and
late Legislative Council of the province of Quebec, passed in the twenty-ninth year
of his Majesty's reign, entitled, " An Act to continue the Ordinance regulating the
" Practice of the Law, and to provide more effectually for the dispensation of justice,
" and especially in the new districts.

And be it also enacted by the same authority. That the course of the proceed-
ings in all civil causes to be instituted in the said Courts of King's Bench, and until
further provision by law may be made for the same, shall be the same as by law they
are directed to be in the present Courts of Common Pleas in causes exceeding ten
pounds sterling.

And be it further enacted by the same authority, That all powers and authority
vested by any former law, in the present Court of Common Pleas, or in any or either
of the Judges thereof shall be deemed and adjudged to be now vested in the said
Courts of King's Bench, and some or one of the Justices thereof within that district
where the powers and authorities transferred are to be executed or have their opera-
tion. And the said Courts of King's Bench as well in causes triable by Jury accord-

CONSTITUTIONAL DOCUMENTS 113

SESSIONAL PAPER Mo. 29c

ing to the course of the English Law, as in causes triable without a Jury according
to the course of the French Law, shall have authority by discretionary rules to trans-
act in the vacations all such business in the causes pending before the said Court as
by the English Law may he performed out of term, and by the French Law is not
necessary to be transacted a I'audience in open Court, anything in this act relating
to the terms of the said Courts to the contraiy notwithstanding.

And whereas doubts have arisen upon the extent of the jurisdiction of the Com-
mon Pleas to give remedy in all cases committed under the French Government to
the Courts of the Prevote, justice Eoyal the Intendants and the Sovereign Council
as courts of original jurisdiction touching Rights remedies and actions of a civil
nature.*

Be it therefore enacted by the same authority that the Courts of King's Bench
hereby created shall be competent for affording such remedy as before the conquest
was attainable in either or all of the Courts then established in causes merely of a
Civil nature and cognisance until His Majesty His Heirs or Successors shall other-
wise parcel out or distribute the powers and authorities requisite for the full and
compleat dispensation of Justice in this Province in such way and manner as to the
Eoyal wisdom may seem meet.

Be it also enacted by the same authority, That all the proceedings upon actions
instituted and pending in any of the Courts of Common Pleas in this province, where
the demand is above twenty-pounds sterling, shall forthwith be transmitted into the
Court of King's Bench of the district in which the defendant in such actions may
have resided at the time of instituting the same, to be there proceeded upon, as if the
same had been commenced therein. And that all proceedings upon actions instituted
and pending, in any of the present Courts of Common Pleas, where the demand does
not exceed the sum or value of twenty pounds sterling, shall forthwith be trans-
mitted into the Provincial Court of that jurisdiction, wherein the defendant in the
suit resided at the time of the institution thereof, to be proceeded upon to judgment
and execution and all other purposes in each of the above mentioned cases which to
Layv and Justice may appertain.

And be it also enacted by the authority aforesaid. That the Governor or Lieu-
tenant Governor or person administering the government or the Chief Justice of this
province, together with any five or more members of the Executive Council of the
province, [the Judges who shall have given the judgment appealed from excoptec^]
shall compose the Court of Appeals for hearing and determining all appeals as well
from the present Court of Common Pleas and the Courts of King's Bench, herein
before erected, as from the Provincial Courts, herein after to be established, iu all
cases where appeals are by this act allowed, any law to the contrary notwithstanding.

And be it also enacted by the same authority. That an appeal shall lie to the
Court of the Governor and Executive Council, or Court of Appeals of this province
from all judgments given in either of the said Courts of King's Bench, in all cases
where the matter in dispute shall exceed the sum of twenty pounds sterling, or shall
relate to the taking or demanding any duty, rent, revenue, sum or sums of money

1. Kegarding this clause Dundas observes " it may be a doubt whether the chiuse —
which speaks only of Remedies in Causes of a, civil nature, is sufficiently extensive to include
such Matters as are generally denominated, voluntary, as distinguished from those of a
remedial Juris^diction; such as foi- Instance, in this Country, the Appointment of Guardians,
the Probate of Will8, the .'^ranting of Administration end the like, if it be distinctly ine-anc
to give the Courts now to he established, all the Powers and Autliorities vested in the former
Courts of Canada, it might be stated, that the Courts now instituted shall pos^^ss the ^ame
Wi'iZ Jurisdiction, that all or any of the Courts heretofore established there enjoyed. At the
same time, if those Courts possessed Powers which are now obsolete, or not applicable to the
present Courts of Judicature in the Province, they should be excepted, or the Powers which
are now wanted to be exercised should be distinctly enumerated and not included under any
;;eneral reference. This last method I conceive would be the most preferable." (Canadian
Archives, Q 65, page 325.)

29c— 8

114 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

payable to his Majesty, or to any fee of office or annual rents/ or other such like mat-
ter or thing where the rights in future may be bound, though the immediate sum or
value appealed for be less than twenty pounds sterling, provided security be duly
given by the appelant that he will effectually prosecute the same and answer the con-
demnation, and also pay such costs and damages as shall be awarded, in case the
judgment or sentence of the Court of King's Bench shall be affirmed.

And be it further enacted by the authority aforesaid. That the judgment of the
said Court of the Governor and Executive Council or Court of Appeals, shall be final
in all cases where the matter in dispute shall not exceed the sum or value of five
hundred pounds sterling; but in cases exceeding that sum or value as well as in all
cases where the matter in question shall relate to taking or demanding, any duty,
rent, revenue, sum or sums of money payable to his Majesty, or to any fee of office
or annual rents, or other such like matter or thing where the rights in future may be
bound, an appeal shall lie to his Majesty in his Privy Council, though the immediate
sum or value appealed for be less than five hundred pounds sterling, provided security
be first duly given by the appelant that he will effectually prosecute his appeal and
answer the condemnation, and also pay such costs and damages as shall be awarded
by his Majesty in his Privy Council, in case the judgment of the said Court of the
Governor and Executive Council or Court of Appeals shall be affirmed.

And be it also enacted by the same authority. That in all cases where appeal
shall be allowed to his Majesty in his Privy Council, execution shall be suspended
until the final determination of such appeal, provided security be dulj' given as afore-
said.

Provided always and be it also enacted that wherever the judgement appealed
from shall be founded on the verdict of a jury no other appeal shall lay than an appeal
in Error that the law only and not the fact may be elsewhere drawn into question
and the proceedings on every such appeal in error be according to the course of the
Laws of England in the like cases.'' And that it shall not ba necessary on any appeal

1. The manuscript copy transmitted by Clarke adds here "or where the title to Lands
or Tenements is in question." Dundas observed that throughout the bill, all cases where
the Title to Lands or Tenements was in question should be excepted in express terms.

2. Referring to this clause Dundas says, " I observe it is provided that the appeals in
Error shall b© according to the Course of the Laws of England in the liEe cases; as this re-
ference is general and goes the whole length of establishing all our Laws relative to this
Point, it may be doubtful whether the Canadian Court of Appeals would not be bound by it,
to support all the formal & technical objections that are allowed to prevail in this
Country, many of which are grounded on Forms not retained from choice, but be-
cause they are now so interwoven with the substance of our Law as not easily to b?
altered, & the perfect knowledge of them which many of the Profession possess, renders
their Existence not very inconvenient, but which would certainly prove both embarrassing
to the Practisers, and unsatisfactory to the Suitors in Lower Canada. It would therefore,
in my apprehension be better to introduce, by detailed enactment from the English Laws,
whatever the existing System was capable of receiving; as by this means both what is re-
tained, and what is introduced is equally well known. The same Observation applies to the
last lines of this Clause which appear to me to be, at the same time, rather obscure in the
mode of expression, and to contain by general Reference more of the English Law, than can
be necessary, for their purpose, or adapted to the present System.

" It would be easy I should think, and much safer to lay down a few leading Rules
about the granting of New Trials, Arrests of Judgements, and Proceeding by Appeal on
Matters of Law, by which a Form of proceeding sufficiently correct for the purposes of sub-
stantial Justice might be established. Supposing in such case much might be wanting &
that many points would arise, for which no provision could be made; still an imperfect
selection would be found much less inconvenient than an indiscriminate adoption of our
Laws. The Defects of the one it is easy to supply, — The Embarrassments resulting from the
other, it is very difficult to overcome. I am of opinion that if it were provided that the
Provincial Courts should be held by any one of the Puisne Judges of the Courts of King's
Bench, it would be a great improvement upon the original Plan, it would lead to an Uni-
formity fn the Principles of decision between the inferior & superior Courts & the dignified
situation and cha/racter of the Judge would secure that respect & deference to his decisions,
which it^ the more necessary as there is no appeal. In order to render this practicable, the
most convenient periods may be fixed upon for holding these Courts suppose four Sessions
are established in each year for each of the Provincial Districts — I do not apprehend that
and material Inconvenience will arise from thedr not being held so frequently as is provided
for by the present Bill — As this will throw an additional labour on the Puisne Judges of
the Courts of King's Bench £100 per Annum may be added to their present Salaries on thi&
Account." (Tlie Canadian Archives, Q 65, page 326.)

CONSTITUTIONAL DOCUMENTS 115

SESSIONAL PAPER No. 29c

to send up to the Court appealed to original papers filed in the lower tribunal, but
copies thereof except in the instances where such originals may be required by the
special writ or rule of the Court of Appeals for such purpose obtained and such trial
by verdict shall be grantable in any mercantile cause tho' the parties nor either of
them be of the occupation of Merchants or Traders^ and in all other causes where both
parties shall desire the same and every cause triable by verdict^ be Subject to Relief
by the laws of England allowed for new trials arrest of Judgement and appeals in
error in the manner aforementioned.

And in aid of the said Courts of King's Bench, and for the convenience and ease
of his Majesty's subjects in this province, who may have suits to prosecute in mat-
ters not exceeding the sum or value of twenty pounds sterling, be it further enacted
by the authority aforesaid. That there shall be constituted, and there are hereby con-
stituted four Provincial Courts within the said province of Lower Canada, for the
jurisdictions hereafter described and named, to be held by one Judge in each juris-
diction, who shall sit one day at least, and oftener, if need be, in every week through-
out the whole year, excepting three weeks at seed time, four weeks at harvest time^
two weeks at Easter, and two weeks at Christmas, and except, during such vacations
as shall be appointed by the said Judges respectively for making Circuits twice in
every year through their respective jurisdictions, with power to hear and determine
all civil suits and actions brought before them, where the matter in dispute shall not
exceed the sum or value of twenty pounds sterling, the judgments of which Provin-
cial Courts to the extent of fifteen pounds sterling shall be final and conclusive.
except in matters which may relate to the taking or demanding any duty, rent,
reveJiue, sum or sums of money payable to his Majesty, or to any fee of ofiice or
annual rents, or other such like matter or thing, where the right in future may be
bound ; but in all the said excepted cases, as well as in all cases where the judgment
of either of the said Provincial Courts shall exceed the sum or value of fifteen pounds
sterling, an appeal shall lie to the Court of King's Bench of the district wherein the
defendant in the original action shall be resident, provided security be duly given
effectually to prosecute such appeal; to which Courts of King's Bench power is
hereby given to hear, try and determine such appeals, and to proceed to judgment
and execution therein, as if the same had originated in such Courts of King's Bench ;
the judgments there to be final and conclusive in all cases, except in matters which
may relate to the taking and demanding any duty, rent; revenue, sum or sums of
Money payable to His Majesty, or to any fee of office or annual rents, or other such
like matter or thing where the rights in future may be bound. And in every circuit
for the jurisdiction of Quebec Three Rivers and Montreal each county contained
therein shall be visited by the Provincial Judge thereof at such times and places
whereof the County shall have had notice by advertisements aflixed to the Church
doors of every Parish therein for four Sundays previous to the sitting of the circuit
Court thereof.

And be it further enacted by the same authority that the Provincial Court of
Gaspe shall be confined to the County of Gaspe and that the Provincial Court of
Quebec shall extend over the City and County of Quebec and the Counties of Nor-
thumberhind, Orl^^ans, Hampshire, Cornwallis, Devon, Hertford, Dorchester and so
much of Buckinghamshire and the River and Islands of the Saint Lawrence as are to
the eastward of the line above mentioned for the Western district of Quebec and the
Provincial Court of Montreal over the City and County of Montreal and the Counties
of York, Effingham, Leinster, Warwick, Huntingdon, Kent, Surrey, Bedford and so
much of the Counties of St. Maurice and Richelieu and the River and Islands of the
St. Lawrence as are to the Westward of the western lines of the Seignories of Maskin-

1. Provision T\as made for trial by Jviry in Mercantile causes by the Ordinance of 1785.
See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 531.

2. The manuscript copy reads " triable by Jury."
29c— 8^

116 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

onge and Yamaska and the Provincial Court of Three Rivers over all the Country
and the Saint Lawrence laying' between the said Provincial jurisdictions of Quebec
and Montreal.

And be it also enacted by the same authority. That the sittings and course of
proceedings in causes to be instituted in the said Provincial Courts before a single
Judge, shall be the same as by law they are directed to be in the present Courts of
Common Pleas in causes of or. under ten pounds sterling, except in such cases wherein
the Judgement given may be appealed from as herein before mentioned. Be it
therefore likewise enacted that in all such cases and in issuing process and execution
for sums exceeding fifteen pounds sterling the proceedings shall be in writing or in
the same form as they are now in use in the Court of Common Pleas in causes
exceeding ten pounds sterling.

And be it enacted by the same authority. That all powers and authorities vested
by any former Law, in the Courts of Common Pleas, or in any or either of the
Judges thereof, shall be deemed and adjudged to be now vested in each of the before-
mentioned Provincial Courts, and the Judges thereof respectively within their respec-
live jurisdictions, as before described, to the extent of twenty pounds sterling.

And be it further enacted by the same authority, That as often as the jiirisdic-
tion of either of the said Provincial Courts shall be exceptionable on account of the
interest of the Judge thereof, in the controversy, or of his aifinity to either of the
contending parties, the Court of King's Bench of the district wherein the defendant
resides, shall have the cognizance of the cause, though the matter in demand should
be under the sum of twenty pounds sterling, any law to the contrary notwithstanding.

And be it also further hereby enacted that the custody of all Records books
registers minutes or papers in file of the Common Pleas Courts existing prior to this
Act shall in future belong to the Courts of the new districts respectively compre-
hending the same those in causes of the value cognizable in the Provincial Court to
the Clerk or Clerks thereof and those of the value cognizable in the Kings bench to
the Clerk or Clerks thereof and that the refusal to deliver the same shall be deemed
to be a contempt of the Kings Bench of the said districts respectively which courts
shall have authority to compel from time to time such surrender of the said Records
according to the injunctions of this act.

And be it further enacted by the authority aforesaid, That an Act or Ordinance
made by the Governor and Legislative Council of the late province of Quebec, and
passed on the twenty fifth day of February in the seventeenth year of his Majesty's
reign, entitled, " An Ordinance for establishing Courts of Civil Judicature in the
*^ Province of Quebec," * and every clause and article therein, be, and the same is
hereby repealed.

And be it also enacted by the same authority, That the first article of the Ordin-
ance made by the Governor and Legislative Council of the late province of Quebec,
and passed in the fourth day of March in the same seventeenth year of his Majesty's
reign, entitled, " An Ordinance for establishing Courts of Criminal Jurisdiction in
^'the Province of Quebec,"" whereby a supreme Court of Criminal Jurisdiction for
the Province at large was established, and the sessions thereof ascertained, be, and
the said first article of the said Ordinance is hereby repealed.

And be it also enacted by the authority aforesaid. That an Act made and passed
by the Governor and Legislative Council of the late Province of Quebec, on the
twelfth day of April in the thirtieth year of his Majesty's reign, entitled, "An Act
** or Ordinance to form a new District between the District of Quebec and Montreal,
" and for regidating the same District,"^ be, and the .same and every part thereof is,

1. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 4G4.

2. Idem, page 471.

3. See the Canadian Archives, Proclamations. Lower-Canada, 1790.

COXSTITUTIONAL DOCUMENTS 117

SESSIONAL PAPER No. 29c

hereby repealed, except so much of the said Ordinance as gives authority for regulat-
ing the Police of the Town of Three Rivers.

And be it enacted by the same authority, That a certain Ordinance made and
passed by his Excellency the Lieutenant Governor and the Executive Council of this
Province on the twenty-fourth day of February, in the thirty-second year of his
Majesty's reign, entitled, " An Ordinance relating to causes in appeal to the Court of
the Governor and Executive Council." *" be, and the same and every part thereof is
hereby repealed.

And be it further enacted by the same authority. That a certain other Ordinance
made and passed by the said Lieutenant Governor and Executive Council on the fif-
teenth day of August, in the said thirty-second year of his Majesty's reign, entitled,
" An Ordinance for suspending the session of the Court of King's Bench at Montreal,
and to facilitate the proceedings in appeal causes," ' be, and the same and every part
thereof is hereby repealed.

And be it further enacted by the authority aforesaid. That all and singular the
Laws of this Province, which before the passing of this Act were in force, to govern
and direct the practice of the respective Courts of Civil and Criminal Jurisdiction,
and that are not expressly repealed, altered or varied by this Act, shall remain and
continue in force and be observed by all and singular the Courts hereby established,
and by the Judges thereof; and if more particularly that the said Courts of King's
Bench, in their respective districts, in all causes of original jurisdiction to be insti-
tuted therein, shall be governed in its practice and course of proceedings by the Laws
prescribing the modes of practice, in causes of a similar nature, for the Courts of
Common Pleas, prior to the passing of this Act, and in all causes that may be brought
up by appeal into either of the said Court of King's Bench, the same Courts shall
form rules for proceeding therein, as nearly as may be, to the Laws prescribing the
rules of proceedings in causes brought before the Court of Appeals; and the Pro-
vincial Courts erected by this Act, shall be governed in their practice, and course of
proceedings in the same manner and in like cases as the Courts of Common Pleas for
the districts of Quebec and Montreal were governed by the Laws of this Province,
before the passing of this Act.

Provided always and it is declared and enacted, That nothing herein contained
shall be construed in any manner to derogate from the rights of the Crown to erprt,
.■"onstitute and appoint Courts of Civil or Criminal Jurisdiction within this province,
and of appointing from time to time the Judges and Oificers thereof as His Majesty,
His Heirs or Successors shall thinlc necessary or proper for the Circumstances of this
Province, or to derogate from any other Right or Prerogative of the Crown whatso-
ever.

And to the great end of establishing like Securities for the Subject in this Pro-
vince, with those to which the Subject in England is entitled by the Great Charter
and the Laws and Statutes of that Kingdom in the cases where the King is a Party ;

Be it therefore further enacted and declared by the same authority, That in all
process, causes, prosecutions and controversies in this Province of what nature soever
on the part of the Crown, the subject here shall have the rights, benefits, privileges
and securities enjoyed by the subject in like cases in the Realm of England, and the
proceedings of the King's Bench of this Province, conform to the course of proceed-
ings in England in all the causes and controversies in which the King may be a party,

1. See page 68.

2. See the Minutes of the Executive Council, Lower-Canada, Aug. 15, 1792. State Book
A, page 179. j ;f I

118 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

anything to the contrary in this or any other Act or Ordinance of this Province not-
withstanding.*

Finis.

f MONK TO DUNDAS.=

Quebec June 6*^ 1794.
Sir,

The Judicature Bill has passed both Houses of the Legislature, and the Governor
has reserved it for His Majestys pleasure. I suppose, it will by this Conveyance, be
transmitted to your Hands for that purpose. I take this occasion to present Sir, such,
observations as occur to me (worthy remark) to meet any wish you might have in
that respect, on a measure of so great importance to His Majestys Government in
this Province.

The original Plan* by your Instructions to Lieut. Governor Clarke, with the sub-
sequent one to Lord Dorchester P''- the October Packet,* have directed my endeavors
that the Bill should come out of the Legislature, to meet as near as possible, the In-
tentions of Government.

Herewith I present a Copy of the abstract (or Heads of the act) which I delivered
Lord Dorchester before the Bill came for his sanction. By that, you will perceive Sir,
the leading points of your Instructions have been preserved. At the same time it will
not escape your notice that, considerable additions have been made, Yet under that
latitude which the Instructions permitted, and that I think the local circumstances

1. With reference to this clause Mr. Dnndas remarks, "The last Clause appears to
me in some of the instances ■which it embraces unnecessary, and, at the same time, too vague
& indiscriminate to act upon. With respect to Criminal Cases, this Provision is not wanted
for the Lew of En°:land is already in force.

In matters of Kevenue or Customs it cannot operate, as they are, by British Statutes,
made the subject of Admiralty Jurisdiction, where the Proceeding is not by Jury with respect
to the casual & Territorial Eevenue of the Crown, it is not by a general Reference to our
Exchequer Proceedings, that those proceedings can be put in practice by the Courts of King'^
Bench in lower Canada.

" An Exchequer with all its ofiioee & forms must be erected in Canada, before a Crown
debt can be accounted for, or recovered there precisely in the same manner as in England,
and what parts of our Procedure come under the definition of a Right Benefit, Privilege or
Security, might be matter of endless doubt and debate. The Errors & defects therefore
which may exist in the present mode of proceeding in the Revenue Cag&s last mentioned,
should be remedied & supplied in the present Bill, by distinct & specified Provisions for that
purpose, applicable es far as they go to the nature of the Court which is to take cognizance
of them!" (The Canadian Archives, Q C5, page 328.)

2. From the copy in the Canadian Archives, Q 69, pt. 2, page 261. James Monk was
born in Boston in 1745. At an early age he was admitted to the bar of Nova Scotia. In 1771
he entered as a student of the Middle Temple and tliTee years later was appointed Solicitor
General of Nova Scotia. In 1776 he was selected for the office of Attorney General of Quebec.
While still acting as Attorney General in 1787, he presented the case of the Canadian
Merchants in opposition to an Ordinance proposed in the L-^gislative Council for altering
the Proceedings in the Courtsi of Justice. While his exposure of the incompetence and con-
fusion which existed in the administration of Justice led to the appointment of an investi-
gating Committee by Lord Dorchester, his conduct on this and other occasions, excited the
displeasure of the Colonial authorities and he was suspended from office in April, 1789.
Three years later, however, he was appointed Attorney General of the Province of Lower
Canada, and took a prominent part in the constitution of the new judicial system. In
\ugust, 1791, he was appointed to both the Executive and Legislative Councils of the 'Province

and on the creation of the new Court of King's Bench for the District of Montreal became
its first Chief Jusitice. On several occasions he acted as President of the Legislative Council.
In 1812 lie was associated with Chief Justice Sewell in an impeachment by the Legislative
Assembly but the charges of the Assembly were not sustained. On the death of the Duke of
Richmond in August 1819, he became the Administrator of the Province and acted in that
eapaci'y, excepting during the brief period of Sir P. Maitland's administration, until the
arrival of Lord Dalhousie in June, 1820. He returned to England in 1824 and received a
Knighthood in the following year. He died at Cheltenham, November 18, 1826.

3. See page 110.

i. See page 111, not* 1.

CONSriTVTIOyAL DOCUMENTS 119

■SESSIONAL PAPER No. 29c

of Suitors and the country, necessarily required. The defects of the Bill which came
last year from the Legislative CounciP have been avoided, and the two Houses, this
Session, have taken such steps, to attain proper rules of practice," as I trust will effect
the intentions of His Majesty's Ministers, and produce a permanent and satisfactory
System for Governing the proceedings in His Majestys Courts, in this Colony.

Such Judicial Powers are granted by the Bill as will aiford an effectual remedy
to suits of every nature — and supply the necessity of a Court of Chancery, or
Exchequer, by a Jurisdiction suitable to the Laws, and less burthen-some to the Sub-
ject, than the establishment of such Courts in this Country.

The inclosure N° 2.^ contains particular remarks on the parts of the Bill, and has
a reference to the several sections of it, as abstracted N° 1. And N° 3 point to the
parts omitted of the former, and those added in the present Bill. Under every view
which the Bill stands, I consider it as a very great improvement in the Judicial powers
■of this Colony. And altho' there are parts which may require amendment, and some
change Yet I do not perceive any that are of a nature, not to hope His Majesty's
pleasure may sanction it, to become a Law.

I think I may venture to predict, that the Courts to be established under this Bill,
will prove a great medium to secure the Interests of His Majestys Subjects, British,
and Canadian, and to raise and support that Loyalty which is ever the consequence
of good Laws, well executed.

Lest Sir you should be so wholly occupied as to prevent a particular attention to
the parts of this Bill, I beg leave to state a Circumstance that has long claimed the
most serious attention of Government, And now is seized upon by its enemies to
favor the motives of rebellion.

The original grants of Land in this Country, were made by the Kings of France
upon Feodal principles. The Seignior or Lord held his Fief for the express purpose
-of subdividing, and granting over the Fief estate, by a mean tenure to his vassals, in
small portions, and upon small rents, under the general Laws of Fief, and roture
tenure, as settled in the vicounty of Paris. At the first settlement of the Country and
down to the year 1700, the Seigniors granted the Lands at moderate rents and services,
and the Kings intentions were fulfilled. But about that period, it would seem, that
Interest urged the Seigniors to a different conduct. And they exacted money for some
grants, as upon a Sale of the Lands conceded, and which often remained uncultivated.
And upon other grants, they imposed higher Rents and Services than was customary,
and contrary to the Intentions of the Seignior Dominant, the Grantor. By which the
Fief-Lord, or Servant of the King, in great degree defeated the policy of the Govern-
ment in making such Grants. And on the other hand, it often happened that the Cen-
sitaire, or roture vassal of the Lord, did not settle Lands within the period necessarily
limited in the grant, and which occasioned two Edics of the French King in July
lYll.'* Under these laws the seigniors were bound to concede, and grant in limited
P')rtions of Land en rohire to the King's Subjects, at such reserved Rents and Services
as has heen Customary, before the year 1711. And by the other Edict, the Tenants
were obliged to settle the Lands granted, " Tenir feu et lieu," within twelve months
or they became forfeited, and might be Escheated to the Seignor. By one of those

1. See page 111.

2. A joint address of both Houses was presented to the Governor requesting him
+0 reriuire Hie Judges and Law Officers of the Crown to report their opinions respecting the
forms of pioceeding which ought to be followed in the Courts of the Province.

3. The sulstance of the remarks in this enclosure is given in the notes to the various
cliiusea of the act, page 125, et seq.

4. The Arrets of Marly, of the fith of July, 1711.

The first is entitled " Arret du Roi qui ordonne que les terres dont les concessions ont
et6 faites. soient mises en culture et occupees par des habitans," and the second, " Arret

du Roi qui dechait les habitants de la propriete des terres qui leur auront ete conced^es s'ils ne
les mettent en valeur, en y tenant feu et lieu, dans un an et jour de la publication du dix

arret." Edii.t. Ordonnances Royaiix, I)ec1cira1io7}s et Arrets du Conseil d'Etat du Roi.
Edition of 1851, Vol I, pages .324 and 326.

120 CANADIAN ARCHIVED

4 GEORGE v., A. 1914

Edicts, when the Seignior refused to make such a grant, to any subject applying, the
same was grantable by the Intendant and Governor (as if never granted in Fief but
remaining in the King) and the growing Kents of such concession, went into the Royal
Treasury as part of the Domain revenue.

The Intendant and Sovereign Council, as a Court of Justice compelled an
Obedience by the Seigniors, to these Laws; and equal relief was afforded to the
Vassal subject, and to the Seignior, and the Policy and intentions of the King were
fulfilled.

The Advocate General was the supporter of all complaints, by the Vassal, against
the Lord, for disobedience of those Laws, and that, as a duty of office, enjoined by
the King, who as the protector, became " the Father of his Subjects."

After the Conquest by His Majesty's arms in 1759, and the Peace in 1763, His-
Majesty's old Subjects bought many of those Fief Estates, and down to the present
day, have been acquiring and now hold Lands, to a very considerable extent. After
the Proclamation of 7. October 1763, and towards the year 1768, those Fief Land-
holders contended. " that they held their Estates Free from any such Edict Com-
mands, and that they had a legal right to concede how and at what Terms they thought
proper " — And they have continued so to do — As the Country has populated, and the
Lands risen in Value so have the Seigniors English and Canadians, pretty generally,
augmented their Rents and Services, without regard to the Edict above stated, and
which the French King had made to repress a rapacious, or a needy Lord. The
Peasants have complained. They were told "the Courts were open. Justice was
Free." But the French Kings protection was not continued. The powers of the
French Government were either not revived, or could not be brought into action.
The Roturier found a contest with His Seigneur, an enterprize of Ruin, and sub-
mitted to the hand of Power. The Lands were taken upon the Seigniors Terms,
and thus has the Regranting gone on, since the conquest. The Censitaires hold
Lands, in many parts of the Province, at rents and services, exorbitant, in compari-
son to what they were granted at in 1711. Many, and very considerable, at double
and treble the Rents the (French King) Fief Grantor intended to confine the Seignior
to, by the Edict of 1711. — The Peasant, Roturier, has felt the more, when he has in
any instance found that the Censitaires Lands have been reunited to the Seigniors
Fief, under the Edict of 1711, for want of Culture. And this feeling, has not been
moderated, when any vassal who wished to hazard a Trial has found, that the courts
have doubted their possessing the Intendants Power, to compel the Seignior to con-
cede Lands to the Peasant, under the Edict of 1711. The Eighth clause of this
Bill,* is intended to remove that doubt, and serve, not only as one step towards form-
ing a Judicial Medium of relief, to Censitaires or Peasants of the Colony (who have
so loudly, and often, I think with reason complained) but to establish a Judicature
that may grant every relief which the ancient Laws afforded.

This now becomes a part of the Bill that, in my opinion, is of great moment,
and the subject becomes deserving the Attention of- Government. The Rents and
Services Exacted by the Seigniors, forms that ground of complaint by the Peasants,
which the Enemies of His Majestys Government, do not fail to assimilate, to the
Kingly Government of France, and foment to the utmost, as the best means of de-
taching His Majestys Subjects from their Loyalty, to acquiesce in, or wish, or aid a
Revolution !

If the policy and powers of the French Government were in this instance revived,
and the Attorney General directed to the same duties in His Majesty's Courts, which
the Advocate General performed heretofore. The Peasants finding the King their
immediate Support against the illegal claims of the Seigniors, I do believe it would

1. See page 128.

CONSTITUTIONAL DOCUMENTS 121

SESSIONAL PAPER No. 29c

prove no small means to overcome, the Arts, of Seditious and Traitorous Subjects;
and defeat, the too successful efforts of subtle enemies. His Majesty would gain
great affection from those Subjects who tho' living under mild and good Laws, are
unable to profit by them, whilst through the arts, or the open defiance of the wealthy
they became injured, and easily conceive themselves to be greatly oppressed. And
thus are they, in some degree prepared, to the disposition now so generally Evinced.^
I shall soon have occasion to make an official report to the Governor on this Case,
tLat may more fully draw the Subject into view, and Consideration. The present
observations became necessary upon a part of this Bill that I consider to be of great
moment. Early to establish.

And with great respect have the Honor to be

Sir
Your very faithfully devoted
and Obedient Humble Servant

J MONK
The Eight Honorable

Henry Dundas &c &c &c

End:— Quebec June 6t»> 1794
James Monk, At^
on the
Judicature Bill
Private

DISSENT OF M. DE LANAUDIERE.'

JOURNALS OF THE LEGISLATIVE COUNCIL. 34 GEORGE UI., 1794

Thursday^ 1st May.

The Hon^^* M'. DeLanaudiere made his protest, and Entered his dissent against
the vote of this House, on the 28*^^ of April last,* by which it was resolved, that the
Bill Intituled " An Act for the division of the province of Lower Canada, for amend-
ing the Judicature thereof, and for repealing certain Laws therein mentioned," vrith
the amendments thereunto made by this House, should pass, which protest and dissent
was read and in the words following: To witt.

1. In the latter part of this letter Monk has in mind the attempts of Genet, tiie agent
of the French Republic in the United States to foment disloyalty among the French Canad-
ians. The situation was regarded by Monk as very serious and was described at great length
in several reports to Lord Dorchester and to the Colonial Otfice. Subsequent eventsi, how-
ever, did not justify the anxiety manifested by Mr. Monk.

2. From the copy of the Journals of the Legislative Council in the Canadian Archives,
Q €8, page Gl.

Charles Tarieu de Lanaudiere, only son of Charles Francis de Lanaudiere, member of
the Legislative Council of Quebec, was born in 1744. He served at the Battle of Ste. Foye
in 1760, and at the close of the war he retired to France but returned to Canada in time to
take part in resisting the American Invasion. He had command of the Company which
escorted Carleton from Montreal to Quebec to meet the forces of Arnold. He was appointed
A.D.C. to Carleton and accompanied him to England in 1778. On his return to Canada in
1787 he was appointed to the Legislative Council and was reappointed on the formation of
the new province.

3. Early in its second session the Legislative Assembly appointed a special Com-
mittee lo crnsider tlie Constitution of the Courts of Justice. On the basis of the Legislative
Councils " Plan " of the previous Session the committee prepared a new bill much more
"extensive in its application. This bill wa'* introduced in the Assembly on the 19th of
February. 1794, and was referred to the Legislative Council on the 4th of April. In the
Council several amendiients were made, none affecting the principle of the bill, and on the
28th of April it wias passed in its amended form.

,122 CANADIAX ARCJUVES

4 GEORGE v., A. 1914

Je proteste,

ll^ment. Parceque je ne vols rien devant cette Maison, qui puisse I'avoir determine
a donner sa Sanction a ce Bill, envoye de la Chambre d'Assemblee qui a dans plus
d'une Instance pense le rejetter, et qui ne I'a passe, que par una foible majorite de cinq
voix, dans laquelle se trouvoit un seul horame de Loi et dans la Minorite il en etoit
un nombre contre^ Ce qui me confirme davantage dans mon Opinion que ce Bill est
evidemment incohstitutionelle et ne peut apporter le bien qui en est attendu.

2raent. Parccque cette Maison doit faire attention qu'elle est composee de Membres
de I'ancien Conseil et qu'ils doivent se ressouvenir qu'ils fvirent indefatigables a pro-
mouvoir le bien de cette Province et qu'ils avoient porte partout les Remedes necessaires
pour la meilleure Administration de la Justice et qu'ils ne le firent que sur des Repre-
sentations et Recherches et Rapports des Citoyens eclaires; que leurs travaux furent
courones de Succes et que depuis un nombre d'annees bien loin d'avoir entendu
aucune plainte, au contraire elles ont cesse de tout part, preuve evidente qu'il n'en
existe plus.

3ment. Parccquc le Changement total de 1' Administration de la Justice, ne pourra
que repandre une defiance generale parmi le peuple, en voyant que ce Bill fait revivre
dans plusieurs de ses Clauses, et particulierement dans la huitieme,^ des Jurisdictions
que le temps avoit fait oublier, et inconnus depuis la Conquete; et dont les Noms ne
devroient jamais etre rappelles ni proferes dans aucun Acte sous aucun Gouvernement
Anglois, comme celle d'Intendant qui a fait tant de mal dans ce pays; Jurisdiction
qui va donner aux Cours et aux Juges des Pouvoirs indefinissables, et que probable-
ment ces memes Juges non verses dans certaines Parties de cette Jurisprudence Pran-
Coise les embarrassera beai:cov<p — ^comme le fisc — qui apporte toutes les formes de la
Chambre des Comptes de Prance, les autres Justices Royales prevautes, Conseils Supe-
rieurs. II est annexe aussi aux Juges, les pouvoirs d'elections de Tutelle, Curatelle,
liCttres de Recision, ce qui ne devroit proprement appartenir qu'a une Cour de Chan-
cellerie. Et il est a remarquer, que tons ces Etablissements la plu-part etoient separes
et exerces par differents Juges avant la Conquete. Mais ici elles sont reunies dans une
seule Cour.

4ment. Parccquc ce Nombre de pouvoirs donnes aux Cours et aux Juges ne pourra
etre qu'un Cahos de Confusion qui confondra les Interets de la Couronne, ceux des
Sujets du Roy, et les entrainera dans un Labyrinthe dont ils ne pourront sortir que
tres difficilement et qu'avec des frais ruineux.

5ment. Parccqu'il est reconnu et demontre par tons les auteurs, qui ont ecrit avec
prudence sur I'Association des Corps politiques, que nul changement ne doit s'efFectuer
dans aucune Branche d'un Gouvernement, qu'apres qvie.le Legislateur est bien sur que
celui qu'il veut y apporter plaira et fera le bien. L'Experience nous fait voir la soli-
dite de pareils arguments. Mais ici sans plainte de la Part du Peuple, sans meme
d'aucune Classe de Citoyens, sans rien devant ni I'une ni I'autre Maison, un Bill est
apporte, passe, et renverse tout le Sisteme Juridique, etabli depuis un nombre d'annees ;
pourquoi ce changement dans un tems nebuleux, ayant des Objets plus pressants sur
lesquels nous aurions du donner toute notre attention, quand sur tout le laboureur et
■ toutes les Classes des Citoyens sont tranquilles et dorment avec confiance sous la pro-
•tection de la Loi, qui a assure depuis si longtems leur vie et leur Propriete.

gment. pgrccque le peuple voyant I'instabilite de notre conduite, et que nous detrui-
sons dans un Jour, ce qui nous avoit coute des annees de Recherches et de Reflexions ;
ne pourra qu' avoir une bien defavorable idee de nos deliberations; et nous lui ferona

1. The vote on the third reading of the bill had been —

Yeas.— Messieurs Dambourges, DeBonne, Mathiot, St. George Dupre, O'Hara, Coffin,
.-Richardson, Ducheeaay, Tashereau, Lester, Barnes, McGill, Lees, McBeath and Lynd,— 15.

Nays. — Berthelot, Duniere, Boudreau, Chevrier, Papineau, Bedard. Marcoux, Grant and
J. A. Panet,— 9.

2. See page 128. Compare with the opinion of Monk, page 119.

CONSTITUTIONAL DOCUMENTS 123

SESSIONAL PAPER No. 29c

prendre une aversion pour la Constitution, qu'il dev^roit cherir. Ayons toujours present
qu'elle est dans son Enfance et qu'elle demande de grands Menagemens.

/^ment. Parceque cette Maison auroit du suivre ee qui avoit ete si sagement adopte
par I'ancienne Legislature ; f aire imprimer ce Bill auparavant -de I'avoir passe, et I'avoir
fait repandre dans le public/ Alors il auroit vu ce qui etoit propose pour son bein-etre
et auroit eu le terns d'apporter ses Eemarques s'il en eut eu a faire. Non il faut que
ce Bill soit passe dans cette Seance: comme s'il alloit faire revivre le Siecle d'or, et
que le Public n'aura plus qu'a tendre les Mains, pour recevoir les Richesses que la
Come d'abondance va repandre par son efficacite.

gment. i^g^ qq g^^g parcequ'oii allegue le Message de Son Excellence le Lieutenant
Gouverneur, qui recommande le Plan des ministres^ Qui est celui qui pent douter des
Sentiments paternels du meilleur des Kois envers ses Sujets ! Qui est celui qui ignore
h sage Administration de ses Serviteurs d'apresent, qui ont amene notre Mere Patrie
la Grande Bretagne au plus haut degre de Splendeur? doit on inferer de ce que les
Ministres de sa Majeste proposent un plan que nous devons I'adopter implicitement?
Si j'entends bien leur Recommendation, ce n'est qu'autant qu'il pent operer un Bien
evident. Et assurement on ne pent s'imaginer, qu'ils ayent d'autres vues, et voulussent
que nous adoptassions un Changement, qui est de nul avantage; et que le peuple ne
demandent pas. Ce Bill meme est entierement contraire a ce qui est recommande dans
le Message. Tout y est mutile et en Opposition a I'objet propose par eux.

gment. Parceque I'Introduction d'un autre Juge en Chef, pour le district de Mont-
real, n'apportera que des Depenses considerables, et que rien n'est apparent du bien,
qui pent resulter de cette innovation ; et qui on doit remarquer que dans I'un et 1' autre
cas, les frais tomberont sur cette Province ou sur la Mere Patrie. Est-ce le terns des
les augmenter?

]^Qment. Parceque I'Administration de la Justice Criminelle depuis trente ans, fut
exerce par un seul Juge, en Chef, et qu'on a jamais oui parler d'une seule plainte. A
present il en faut deux, et cependant la Province est la Moitie moins grande, qu'elle
n'etoit auparavant; par le partage qui en a ete fait, par I'act du 31™^ de sa Majeste
qui nous donne cette genereuse Constitution, Ce qui etoit administre par un seul
Juge en Chef, le sera a present par trois.

]^;[meiit. Parceque ce Bill refuse aux Sujets d'ici, le droit indeniable qu'il a d'avoir
des Jures dans ses aflfaires de Conteste et de controverse de partie a partie ; II ne le lui
accorde pas meme dans les Causes ou le Roi est prosecuteur. Le Choix ne lui en est
pas laisse. Cela seul est capable de lui faire regarder les Cours de Justice, plutot
comme des Institutions despotiques, que comme des Etablissements pour la Protection
et Surete de sa Propriete; Surtout etant imbu que les Jviges qui president dans ces
Cours, ne tiennent leurs places que sous le bon plaisir du Gouvernement.

]^2inent. Parccque I'on ne pent douter, que notre Mere Patrie nous ayant donne la
presente Constitution, ses Vues etoient et sont encore, d'amener autanit que possible
I'Introduction de ses Loix et forme d' Administration; afin d'assimiler cette Province
aux Usages, Coutumes de la Grande Bretagne ; et faire connoitre aux nouveaux Sujets
du Roi, ici qu'il n'y en a pas de meilleurs dans le Monde. Cependant cela n'a pas ete
pris en Contemplation par ce Bill.

23ment. Parccque selon moi il est probable, que quelques Personnes se sont appro-
ches des Ministres et ont profite de I'occasion pour renouveller des Plaintes qui furent
faites, il y a quelques annees, et que tout homme delicat n'y sauroit pense qu'avec
peine; et Je ne fais aucun doute que sous ce specieux pretexte, ils ont surpris leurs
oreilles, et profitant de ce Moment ont peint la Province sous des Couleurs faussas
et desavantageuses. Je ne hesite pas de le dire, que cette Personne a plutot agi pour
des Interets propres que pour le Bien de la Patrie.

1. See page 111. Note 1.

2. See page 111.

124 CANADIAN ARCIJIVES

4 GEORGE v., A. 1914

24ment. jg £jjjg parceque je vois avec Peine, que ce Bill a plutot passe par une
Division que par des debats, par nombre que par Argument. Mais malgre le peu de
Succes des mes efforts, pour arreter qu'il ne prit place dans cette Seance;' a fin de don-
ner occasion au public de le eonnoitre avant qu'il fit Loi; Je jouirai au moins du
Plaisir, que I'on trouvera et lira dans ce Kegistre, que je m'etois oppose a sa passation;
predisant de plus qu'il sera la Ruine d'un Nombre de Sujets de sa Majeste. Cette
liaison a le pouvoir mais Je doute du Savoir pour une Loi, qui embrasse tantd'Objets;
surtout n'ayant plus dans ce Conseil I'assistance de cet homme, qui remplissoit ce fau-
teuil avec tant d'eclat; et qui etoit reconnu pour le plus grand Jurisconsulte de I'Ame-
rique Septentrionale.^ II n'est pas a douter qu'a ce Moment sa place est remplie ; que
la Personne sur qui le Clioix est tombe, est digne de I'occuper et que nous devons espe-
rer de I'avoir sous peu dans cette Maison. Pourquoi done par notre Precipation, nous
sommes nous frustres des Connoissances legales qu'il auroit pu donner sur un objet
ou particulierement il doit jouer le premier Role? Je le Repete, le Peuple au lieu
d'avoir une favorable Impression de nos demarches en entretiendra un Sentiment bien
different et loin de desirer de revoir cette Legislature se rassembler une autre annee,
il craindra sa Reunion.

(Signe) DeLANAUDIERE.

1. Chief Justice William Smith died at Quebec, Dec. 6th, 1793.

2. Mr. Osgoode, the Chief Justice of Upper Canada, was appointed to succeed Chief
Justice Smith. Notification of his selection had been sent to Lord Dorchester, March 22nd,
1794. (Canadian Archives, Q 77A, page 117.) H'e arrived in Quebec in July and was admif-ted
to the Executive Council on Sept. 19th, 1794.

COXSTITiriOXAL DOCUMENTS 125

SESSIONAL PAPER No. 29c

THE JUDICATURE ACT, LOWER CANADA.

ANNO TRICESIMO QUARTO GEORGU HI.
CAP. VI.l

An ACT for t'-ie division of tlie Province of Lower-Canada, for
amending the Judicature thereof, and for repealing certain Laws
therein mentioned.

Most Gracious Sovereign^

We, your Majesty's most dutiful and loyal subjects, the Legis- Pi-eamble.
lative Council and Representatives of your People of the Province of
Lower Canada, having taken into our most serious consideration the
message communicated to us last Session by his Excellency the
Lieutenant Governor, then your Majesty's Commander in Chief of
this Province, recommending a plan, for altering and amending the
Judicature thereof, and for establishing a due and uniform adminis-
tration of justice therein, and having maturely deliberated upon the
means, recommended in the said message, for securing to your-
People in this Province the important objects of your Majesty's
paternal care, we do with profound gratitude for the same, most
humblj' beseech your Majesty, that it may be enacted: and be it
enacted by the King's most excellent Majesty, by and with the
advice and consent of the Legislative Council and Assembly of the
Province of Lower-Canada, constituted and assembled by virtue of
.".nd under the authority of an Act of the Parliament of Great Britain,
passed in the thirty-first year of his Majesty's reign, intituled "An
"Act to repeal certain parts of an Act passed in the fourteenth year
"of his Majesty's reign," intituled "An Act for maJcing more effectual
'"provision for the Government of the Province of Quehec, in North
"America, and to maJce further provision for the Government of the
said Province:'' that the said Province of Lower-Canada shall con-
sist of three districts, to be called, the district of Quebec, the district Division of the

of Montreal and the district of Three-Rivers, which shall be divided K^"^^"j-®i.^"^?

tiirG© districts
by the following lines, to wit, the district of Quebec shall he bound-

1. The Judicature Bill on passing the Provincial Legislature was re-
served for His Majesty's assent. The Duke of Portland, who had succeeded
Mr. Dundas in the Colonial Office, -writing to Lord Dorchester on August
13th, said in referring to the Bill, " I therefore enclose your Lordship the
Consent of the King in Coimcil for passing the said Bill into a Law."
(Canadian Archives, Q 77A, page 150.) The August packet, bearing the
original despatch with the Order in Council was captured and the mail
lost. Doubt arose in the mind of Lord Dorchester as to the validity of
the notification of the Koyal assent to the bill and the question was referred
to the Executive Council. On the 21st Nov., the Council reported that they
" having duly considered the 32nd Section of the Act of the 31st of His
Majesty, ch. 31, are of opinion that the signification expressed in the Dnp-
licate of His Grace the Duke of Portland's letter to His Lordship is amply
3ufficient to authorize His Excellency to issue a Proclamation declaring
His Majesty's consent to the passing of the said Bill into a Law." (Can-
adian Archives, State Book A, Lower Canada, page 68.) Accordingly a
proclamation was issued on December 11th declaring the bill to have
become law and to be effective from the date of the Proclamation.

The text of the act is that given in The Provincial Statutes of Lou-er
Canada, Volume the first, printed by command of His Excellency the
<3overuor by William Vondenvelden, Quebec. 1795.

126

CAXADIAX Alien IVES

Establishment of
the courts of
King's Bench for
the district of
Quebec and Mont-
••eal.

Terms for trial of
crimes and
criminal offences
at Quebec and
Montreal.

4 GEORGE v., A. 1914

ed to the Westward by the Eastern line of the seignory of Dorvilliers^
as far as it extends, and thence by a due North-West line to the
Northern boundary of this Province, on the North-side of the river
Saint Lawrence, and by the Eastern line of the seignory of Saint
Pierre les Becquets as far as it extends, and thence by a due South-
East line, to the Southern boundary of this Province, on the South-
side of the river Saint Lawrence, and the said district of Quebec
shall comprehend all that part of this Province, which lies to the
Eastward of the before mentioned western boundary lines, of said
district. The district of Montreal shall be bounded to the East-
ward by the Western line of the seignory of Masquinonge as far as
it extends, and thence by a due North-West line to the Northern
boundary of this Province, on the North-side of the river Saint
Lawrence, and by the Western line of the seignory of Yamaska as
far as it extends, and thence by a due South-East line to the
Southern boundary of this Province, on the South-side of the-
river Saint Lawrence, and the said district of Montreal shall com-
prehend all that part of this Province which lies to the Westward
of the before mentioned Eastern boundary lines of said district;
and the district of Three-Eivers shall be bounded to the Eastward
by the before mentioned Western boundary lines of the district of
Quebec, and to the Westward by the before mentioned Eastern
boundary lines of the district of Montreal; and shall comprehend all
that part of this Province, which lies between the said boundaries;
and the said districts shall also respectivelj^ comprehend all the
islands in the river Saint Lawrence, opposite to the shores thereof,-
v.hich are included within the respective limits aforesaid.^

II. And be it further enacted by the authority aforesaid, that
there shall be constituted and erected in each of the said districts
of Quebec and Montreal respectively, a court to be called the Court
of King's Bench; that the court of King's Bench for the district
of Quebec shall consist of his Majesty's Chief Justice for the said
Province and the three Puisne Justices; and the court of King's
Bench for the district of Montreal shall consist of his Majesty's
Chief Justice of the said court and three Puisne Justices; and that
the said courts, in the respective districts aforesaid shall have
original jurisdiction, to take cognizance of, hear, try and determine-
in the manner herein after enacted, all causes as well civil as
criminal, and where the King is a party, except those purely of
Admiralty jurisdiction, and such as are herein after excepted and
provided for the inferior district of Gaspe, as part of the said
district of Quebec.

III. And for the administration of Justice, in criminal cases, it
is further enacted, by the authority aforesaid, that there shall be-
held by two or more justices of the said court of King's Bench, one
of whom shall always be his Majesty's Chief Justice of the Province,

1. Commenting on this section. Mr. Monk, the Attorney General,
says, " It would seem by this and a future Section of the Bill that the-
Province is divided into four Districts in place of two pointed out by the
Plan. But in reality the District of Three Rivers and Gaspe are merely
Circuits for the Jurisdiction of Provincial Courts. The former to tak&
cognizance of Causes arising within a certain extent from the Town of
Three Rivers, and a Circuit and assize of the Court of King's Bench to be
held at the Town of Three Rivers for Trial of Causes arising -within that
District. And the latter, the Jurisdiction of a Provincial Court for the
'^rial of small Causes." (Canadian Archives, Q 69, pt. 2, page 282.)

COXSTITUTIOXAL DOCLMEyTS 127?

SESSIONAL PAPER No. 29c

or the Chief Justice of the Court of King's Bench at Montreal,
Sessions of the said court of King's Bench,, in every year, for the
within each of the aforesaid districts of Quebec and Montreal, two
cognizance of all crimes and criminal offences, at the times and
places hereafter mentioned, to wit, at the city of Quebec the last
ten days in the months of March and September, and at the city of
Montreal the first ten days in the said months of March and
September, and that evei-y jurisdical day during the said Sessions
shall be a return day.

IV. Provided always, and it is hereby enacted, that nothing in Proviso for Com—
this Act contained shall extend or be construed to extend, to prevent ^^|^Terminer^^'^
the Governor, Lieutenant-Governor or Person administering the

Government of this Province, for the time being, from issuing at
any time or times, other than during the sittings of the said Terms,
Commissions of Oyer and Terminer and General Gaol Delivery, for
such district and County within this Province, as shall be deemed
expedient and necessary.

V. Provided also, and it is further enacted by the authority Suspension of the-
aforesaid, that in every case where any commission of Oyer and execution of
Terminer and General Gaol Delivery shall issue, the execution of courts of Oyer
every sentence or judgment of such court, (\vhich shall extend to life & Terminer in

or limb or to any penalty, fine or forfeiture, exceeding the sum of
twenty-five pounds sterling money of Great Britain, shall be sus-
pended until the approbation of the Governor, Lieutenant-Governor
or Person administering the Government of this Province shall be
signified thereon, by warrant under his hand and seal at Arms.

VI. And to the end that the Government may have full inf orma- Proceedings of the ^
tion of the proceedings of such courts of Oyer and Terminer and ^eTminer U)%e^
General Gaol Delivery, be it also enacted by the same authority, reported to the
that it shall be the duty of the said courts, with all convenient sncod, Governor, in
to transmit to the Governor, Lieutenant Governor or Person adminis-
tering the Government of the Province for the time being, not
only copies of the indictment, information or charge and ol the
plea and other proceedings in every such cause before them had,
but the scope and substance of the points rided in evidence, and of
their charge to the jury and copy of the verdict and of every material
transaction in the cause, together with such observations as they may
think proper to make on every such cause and trial, and the whole
under the signatures of the majority of the Judges, before whom
every such trial was had; provided always and be it nevertheless
enacted by the same authority, that it shall not be necessary to
aiake such report of the proceedings in any case where it shall not
extend to life or limb or transportation, nor to any greater fine,
penalty or forfeiture than the sum of twenty-five pounds sterling
money of Great Britain.^

1. " The powers reserved and limited by these clauses may appear to
he somewhat inconsistent with the 43 Section and embrace a novelty, in
oblising those courts where ever the Chief Justice, or Judges of either of
the Courts of K. B. may sit, to report the proceedings before any Judg-
ment can be executed. I was of that opinion at first. But when some
Gen', of the House assigned as the reason " That Comisss- of Goal Delivery
were usually Issued to the Chief Justice & six Justices of the Peace, or
that if even issued to the Judges at the K. B. the Ch. J. and those Judges
might at some time be, in the minority, on a legal Question, and great
evils result therefrom, which the above restriction might possibly Cor-
rect." (Observations of Mr. Monk, Canadian Archives, Q 69, pt. 2, page
282.)

128

CANADIAN ARCHIVES

Superior Terms
for trial of civil
oaases at Quebec

and Moiitreal.

Special powers
granted to the
Judgea iu tiud out
of court.

4 GEORGE v., A. 1914

VII. And for the speedy administration of justice in all suits
or actions of a civil nature, cognizable by the aforesaid courts of
King's Bench or where the King may be a party, be it further
enacted by the authority aforesaid, that two or more Justices of the
said courts respectively, shall hold in the city of Quebec for the
district of Quebec, and in city of Montreal, for the district of
Montreal, four superior Terms of the said courts in every year, that
is to say, on the first twenty juridical days of the months of Febru-
ary, April, June nnd October, and the said courts shall continue to be
held every day (Sundays and holy-days excepted) during the said
several Terms, and the first and every other juridical day in each
Term, within each of the said districts, shall be return days for all
writs and process issuing from the said courts respectively; pro-
vided always, that the said courts shall only take cogiiizance in the
superior Terms aforesaid of suits or actions wherein the value of
the matter in dispute shall exceed the sura of ten pounds sterling, or
if relating to the inferior district of Gaspe, herein after erected,
shall exceed the sum of twenty pounds sterling, unless the said
action shall relate to any fee of office, duty, rent, revenue or any
sum or sums of money payable to his Majesty, titles to lands or
tenements, annual rents or such like matters or things where the
rights in future may be bound.

VIII. And be it further enacted hy the authority aforesaid, that
each of the aforesaid courts of King's Bench shall have authority in
the superior terms before established, to grant emancipation of
minors, on the counsel of their relations or friends, and to hear and
determine all legal matters and causes for the rescission of all con-
tracts and deeds, and to rescind and annull the same in the same
manner, as if special letters of emancipation and rescission had been
in the first instance obtained, conformable to the usage under the
Government, prior to the conquest of this country; and the said
courts of King's Bench shall respectively, in the superior terms
aforesaid, have full power and jurisdiction, and be competent to hear
and determine all plaints, suits and demands of what nature soever,
which might have been heard and determined in the courts of Pre-
vote, Justice Roy ale, Intendant or Superior Council, under the Gov-
ernment of this Province, prior to the year one thousand seven hun-
dred and fifty-nine, touching rights, remedies and actions of a civil
]iature, and which are not specially provided for by the Laws and
Ordinances of this Province, since the said year one thousand seven
hundred and fifty-nine; and the said courts of King's Bench shall be
respectively competent to award and grant all such remedy, as may
be necessary for effectuating and carrying into execution the judg-
ment or judgments thereof, which may be made in the premise?
aforesaid, and which to law and justice shall appertain; provided
always, and it is also enacted, that nothing in the present Act shall
extend to grant to the aforesaid courts of King's Bench, any powers
of a legislative nature, possessed by any court prior to the conquest,
or to render necessary the presence and authority of more than one
Justice of the said_ courts of King's Bench, in all matters which re-
quire dispatch, such as the interdiction of insane persons, the elec-
tion of tutors or guardians, curators and other counsels of relations,
closing of inventories, attestation of accounts, insinuations, affixing
and taking off seals of safe custody, and other acts of the same nature.

CONSTITUTIONAL DOCUMENTS 129

SESSIONAL PAPER No. 29c

vhicli may be done either in or out of court, or out of Term ; pro-
vided also that nothing in the present Act shall extend to revoke or
annull an Ordinance of the province of Quebec of the thirty-first year
of his Majesty's reign, chap. 6th, intituled: "An Act or Ordinance
ccncerning the building and repairing of churcheis, personage-houses
and churchyards."

IX. And whereas great inconveniences may arise by requiring Powers of

the personal attendance of relations or friends, before one or more of ^^P^^^tip^i by the
the Justices of the said courts of King's Bench, to counsel and advise certain cases,
upon the appointment of guardians, or tutors, curators to absentees,
or to vacant estates, and other matters which require such counsel
and advice, where the said relations or friends reside at the distance
of five leagues and upwards from the towns of Quebec or Montreal,
although within the respective districts where such courts may have
jurisdiction for remedy thereof; be it further enacted by the author-
ity aforesaid, that the said courts of King's Bench respectively, or
any Justice thereof, shall have full power and authority, to authorise
upon application of parties some Notary, and for want of a
Notary, some other fit person residing near the habitation of such
relations or friends, to call them together and administer to them an
oath according to law, and to receive their counsel and opinion
touching the matter so committed to them in trust, and the same to
set down in writing in due form, and transmit to the respective
court, from v/hich such power and authority may have been received;
and any Justice or Justices thereof shall have full power and author-
ity to proceed thereupon and grant every such act, order or appoint-
ment in as ample a manner as if the said relations or friends had
been present, and personally given their counsel on the matter in
question before him or them; and it shall be also lawful for all or
either of the Judges of the said court of King's Bench respectively
to appoint such Notary or other fit person, as above said, for affixing
and taking off seals upon petition presented to that effect.

X. And whereas it is expedient that for hearing, trying and Inferior Terms
determining in a summary manner, all civil suits or actions, where- ^^''J^^^'v^ causes
in the amount claimed shall not exceed the sum of ten pounds Montreal^ and
sterling, there should be held inferior Terms of the said court of removal therefrom
King's Bench at the city of Quebec, for the district of Qi^iebec, jj^ c^^tain^cases
excepting that part of it herein after erected into the inferior Terms.

district of Gaspe; and at the city of Montreal for the district of
Montreal; be it further enacted by the authority aforesaid, that
there shall be held by one or more Justices of the said courts six
inferior Terms thereof in every year, that is to say, at the city of
Quebec for the district of Quebec, excepting that part of it herein-

1. On Section VIII, Mr. Monk observes " The Powers vested in the
Courts of King's Bench by tliis Section, I consider as a very great improve-
ment to the Judicature of this Country and absolntely necessary. Neither
do I consider any part of the power granted by this clause improperly
trusted to the Courts of K.B. Some where in this Colony they should be
vested. The Ordinance 31, Geo. 3, ch. 6. excepted bv this Section— was a
part of the Intendant's power respecting Parsonage Houses, Churches, &c.,
and may properly remain limited as directed by this Section of the present
Bill." ' (Q 69, pt. 2, page 283.) On the Ordinance concerning the build-
ing and repairing of Churches, see the Report of the Privy Council of
Quebec, March 31st, 1791, State Book 1, Quebec, pages 38-70, and also the
opinion of Chief Justice Monk in 1810, page 413.

For a further discussion of Section VIII, see the Protest of M. Lan-
audiere, page 122, and Mr. Monk's letter to Mr. Dundas, page 118.
29c— 9

130

CANADIAN ARCHIVES

Two Terms of the
coiirt of King's
Bench for crim-
minal and civil
causes at Three
Rivers and powers
granted to the
Judges thereof.

4 GEORGE v., A. 1914

after erected into the inferior district of Gaspe, from the twenty-
first to the Inst day of January, both days inclusive; from the
eleventh to the nineteenth day of March, both days inclusive; from
the twenty-first to the last day of May, both days inclusive; from
the twenty- fourth to the last day of June, both days inclusive; from
the twenty-first to the last day of August, both days inclusive; and
from the twenty-first to the last day of November, both days in-
clusive: and at the city of Montreal for the district of Montreal,
during the same periods as aforesaid, in the months of January,
March. May, June and November, and from the eleventh to the
nineteenth day of September, both days inclusive, (the Sundays and
holy days in said periods excepted.) And the first and every juri-
dical day of each of the inferior Terms aforesaid, shall be a return
day for all writs and process Issuing out of the said courts respec-
tively; and the said courts in the inferior Terms thereof as afore-
said for each district respectively, shall have cognizance of, hear,
try and determine in a summary manner, without appeal, every civil
suit or action (those purely of Admiralty jurisdiction, and those
relating to the inferior district of Gaspe, as hereinafter provided for,
excepted,) wherein the amount claimed shall not exceed the sum of
ten pounds sterling: provided always, that if such suit or action
shall relate to any fee of office, duty or rent, revenue or any sum
or sums of money payable to his Majesty, titles to lands or tene-
ments, annual rents, or such like matters or things, where the rights
in future may be bound, th-e defendant or defendants shall be at
liberty, before entry of a plea or defence to the merits of such de-
mand, to form an exception to the jurisdiction of the said inferior
Terms, and require that the said suit or action njay be removed and
brought into hearing, trial and judgment in the superior Terms of
the said court of King's Bench of the district where such suit or
action may have been brought, and all and every such exception so
made as above said, shall be entered of record, and the process, suit
and demand and all things thereto relating, shall be removed into
the sunerior Terms of the said court, which shall proceed to hear and
determine in a summary manner, whether the exception is well
founded; and if the said court shall sustain the exception, it shall
proceed to trial and judgment, according to the rules of proceeding
in the superior Term aforesaid; but if the said court shall dismiss
the exception, the process, and all things thereto relating, shall he
remitted to the next inferior Term thereof, to be there heard, tried
and finally determined.^

XL And whereas it will contribute to the ease and convenience
of his Majesty's subjects, residing in the district of Three Rivers,
that all causes relating thereto be there decided ; be it therefore
enacted by the authority aforesaid, that there shall be held at the
town of Three Rivers, for the district of Three Rivers, by two of the
Justices of the courts of King's Bench for the districts of Quebec
and Montreal, and the Provincial Judge to be appointed for the
district of Three Rivers, a court of King's Bench to sit in two

1. In this S ction there has been a departure from the original plan
of Mr. Uundas where it was proi^osed that in the Provincial Court a
single Judge should have hnal jurisdiction in suits wherein the demand
did not exceed £20. This was thought to give too great a power to a
sii'gle judge and the jurisdiction was reduced to causes not in excess of
£10 and modihed by the provision for removal to the superior Terms.

CONSTITUTIONAL DOCUMENTS 131

SESSIONAL PAPER No. 29c

Terms every year, that is tv. say, from the thirteenth to the last day
of each of the months of March and September, both days inclusive,
(Sundiiys and holy-days excepted;) and during the four first juridical
days of each of said Terms, the said two Justices and Provincial
Judge, or any two of them, with the Chief Justice of the Province,
or the Chief Justice of the court of King's Bench at Montreal, shall
have cognizance of all crimes and criminal offences, and during the
remainder of each of said Terms, the said two Justices and Provincial
Judge, or any two of them, shall have original jurisdiction, take
cognizance of, hear, try, and determine, all civil suits or actions,
and where the King is a party in said district, those purely of
Admiralty jurisdiction, and suits or actions wherein the value of
the matter in dispute shall not exceed the sum of ten pounds sterling,
excepted, unless the said suits or actions not exceeding ten pounds
sterling, shall relate to any fee of ofBce, duty, rent, revenue, or any
sum or sums of money, payable to his Majesty, titles to lands or
tenements, annual rents or such like matters or things, where the
rights in future may be bound; and the first and every juridical day
in each part of the said Terms for criminal and civil causes, shall be
return days for all writs and process, issuing from the said court
for criminal and civil causes respectively, and the said court of
King's Bench, to be held as aforesaid at Three Rivers, and the
Jiistiees and Provincial Judge composing the same, or any of them,
shall have within that district, both in and out of court the same
powers and authorities in all cases, as are granted by this Act to the
courts of King's Bench of the districts of Quebec and Montreal, and
the Justices thereof or any of them, in or out of court, or out of
Term.

XII. And whereas it is expedient, that there should be a court Terms of the
in the district of Three Rivers for hearing, trying and determining ^^°m^°''*^Lf°'^^*
in a summary manner, all civil suits or actions wherein the amount
claimed .shall not exceed the sum of ten pounds sterling; be it fur-
ther enacted by the authority aforesaid, that there shall be appointed
a Provincial Judge for the district of Three Rivers, who shall hold a
Provincial court at the town of Three Rivers in six Terms every
vfar. that is to say, from the first to the tenth day, both days inclusive,
in each of the months of February, April, June, August, October and
December, (the Sundays and holy-days in said Terms excepted,)
' T.hich shall have cognizance of, hear, try, and determine in a
summary manner, without appeal, every civil suit or action, (those
purely of Admiralty jurisdiction excepted.) wherein the amount
claimed shall not exceed the sum of ten pounds sterling: provided
always that if such suit or action shall relate to any fee of oifice,
duty, rent, revenue or any sum or sums of money payable to his
Majesty, titles to lands or tenements, annual rents, or such like
matters or things, where the rights in future may be bound, the
defendant or defendants shall have the same right to form an excep-
tion to the jurisdiction of the said Provincial court, and to require
a removal of the suit or action into the court of King's Bench to be
held at Three Rivers, in the same manner and under the same con-
ditions as are herein before provided for, the removal of suits or
actions from the inferior to the superior Terms of the courts of
King's Bench at Quebec and Montreal, and every juridical day in
29c— 9i

132

CANADIAN ARCHIVES

Power of removal
from the Provin-
cial court to the
court of King's
Bench, where an
objection may be
taken to the
Jwdge.

Establishment of
a provincial court
at Gasp6 and the
terms thereof.

Proviso, to re-
strain the issuing
of execution
against the person
or immoveable
property.

Restrictions
regarding the
issuing of
summonses in the
inferior District
of Gaspfi.

4 GEORGE v., A. 1914

each Term shall bo a return day for all writs and process issuing
from the said Provincial court.

XIIL And provided also and be it enacted by the authority
aforesaid, that in every suit or action, where legal objection shall
bo made to the Judge of the said Provincial court of the district of
Three Rivers, every such objection shall be entered of record, and
the process, suit and demand, and all things thereto relating, shall
be removed into the next Term of the court of King's Bench to be
held at the said town of Three-Rivers, which shall proceed to hear
and determine in a summary manner, whether the said objection is
well founded; and if the said court shall sustain the objection, it
shall proceed to trial and judgment of the suit in a summary manner,
but if the said court shall dismiss the objection, the process and all
things thereto relating shall be remitted to the said provincial court,
to be there heard, tried and finally determined.

XTV. And considering the remote situation of the county of
Gaspe. and for the case and convenience of his Majesty's subjects
resident within the said county, who may have suits to prosecute
not exceeding the sum of twenty pounds sterling ; be it further
enacted by the authority aforesaid, that the said county of Gaspe,
shall be erected into an inferior district, to be called the inferior
district of Gaspe, and there shall be appointed a Provincial Judge,
who shall hold a provincial court for the said district, as herein
aftermentioned, which shall have cognizance of, hear, try, and deter-
mine in a summary manner, without appeal, every writ, suit or
action, and where the King is a party, (those purely of Admiralty
jurisdiction excepted,) wherein the amount claimed shall not exceed
the sum of twenty pounds sterling; and the said court shall be held
at the places and during the following terms in every year, that is
to say, at Bonaventure, in the Bay of Chaleurs, from the sixteenth
to the thirty -first day of May, both days inclusive; at Carleton, in
the said Bay, from the sixteenth to the thirty-first day of July, both
days inclusive ; at Perce, in the entry of the Bay of Gaspe, from the
sixteenth to the thirty-first day of August, both days inclusive; and
at Douglas-town, within the said Bay of Gaspe, from the fifteenth
to the thirtieth day of September, both days inclusive; (the Sundays
and holy-days in said Terms excepted,) and the first and every other
juridical day of each of the aforesaid Terms in the said inferior
district of Gaspe, shall be return days.

XV. Provided always that the said provincial court for the in-
ferior district of Gaspe, shall not have power or authority to issue a
writ of execution against the body or immoveable property, although
the amount of the judgment should exceed the sum of ten pounds
sterling, any law to the contrary notwithstanding.

XVI. Provided also that no defendant or defendants shall bo
amenable to the courts to be held at Carleton or Bonaventure, unless
the summons shall be served on him or them personally, on the West-
side of Mackarel-point, in Chaleur Bay, or left at a place at which he
or they shall be actually residing or carrying on the fishery or other
business, to the Westward of said Mackarel-point; nor shall any
defendant or defendants be amenable to the courts to be held at
Perce or Douglas-town, imless that the summons shall be served on
him or them personally on the East-side of said Mackarel-point, or

CONSTITUTIONAL DOCUMENTS 133

SESSIONAL PAPER No. 29c

left at a place, at which he or they shall be actually resident or carry-
ing on the fishery, or other business, Eastward of Mackarel-point
aforesaid in the said Bay of Ohaleurs, or on the coast of the river
Saint Lawrence as far as the county of Gaspe extends.

XVII. And be it further enacted by the authority aforesaid, ^ower of the
that tJie Judge of the said Provincial court of Gaspe shall have of Gasp4, in °
authority either in or out of Court or out of Term, to proceed to the things relating
interdiction of insane persons, the election of tutors or guardians, tutors,
curators and other counsels of relations or friends, closing' of in-
ventories, attestations of accounts, insinuations, affixin.s: and taking

off seals of safe custody and other acts of the same nature, which
ought not to suffer any delay, and he shall have the same power
and authority as is given by this Act to all or anj"- of the Judges of
the courts of King's Bench of the districts of Quebec or of Montreal,
to appoint a Notary or some other fit person, upon application of
parties, to receive the counsels and opinions of relations or friends,
and he shall proceed on such matters in the manner and form pre-
scribed by the present Act.

XVIII. And be it further enacted by the authority aforesaid, Power of issuing
that every writ of summonG that may be granted by any of the ?"?'™''*^^,t^?" .*^^
Justices of the court of King's Bench of the district of Quebec, for of Gaspe, in
civil suits or actions, wherein the value of the matter in dispute shall matters above
exceed the sum of twenty pounds sterling, against any defendant or ^ ^'
defendants, residing within the inferior district of Gaspe, shall be

made returnable into the said court of King's Bench at Quebec only,
in the Terms to be there held in the months of June or October, and
there shall be at least two months betwixt the service of the said
summons and the day of return into the said court of King's Bench;
and the Judge of the said provincial court of Gaspe shall have
power and authority, on a declaration presented to him in writing,
by any person or per.sons, setting forth the grounds of his or their
complaint against a defendant or defendants residing in said in-
ferior district, and that the amount of the claim against him or
them exceeds the sum of twenty pounds sterling, to grant a writ of
summons returnable into the court of King's Bench at Quebec, In
e'ther of the two Terms thereof as aforesaid: provided always that
there shall bo the same distance of time betwixt the service of the
said summons and the day of return into the said court of King's
Bench as above mentioned: and the said declaration and summons,
together with the service thereof, certified under the hand of the
Judge and seal of the said provincial court of Gaspe, (if the said
sinnmons v:as by him granted.) being returned into the court of
Kincr's Bench at Quebec, the said court shall proceed to hear, try, and
determine the suit or action in like manner as if the said sumiinons
had issued originally therefrom.

XIX. And be it further enacted by the authority aforesaid, Annual circuits
that there shall be held a circuit court annually in each of the appointed in the
districts of Quebec and Montreal, by one at least of the Justices of q^^^^^^^^^

ibe aforesaid courts of King's Bench, which said circuit courts shall Montreal,
sit once in every year in each of the counties included in the
aforesaid districts of Quebec and Montreal respectively, (except the
counties of Quebec, Montreal, Orleans and Gaspe.) and hear and
determine all civil suits and actions brought before them, where

134

CANADIAN ARCHIVES

Annual circuit
appointed in the
district of Three
Rivers.

4 GEORGE v., A. 1914

the amount claimed shall not exceed the sum of ten pounds sterling,
and which said circuit courts shall have all the powers and authori-
ties vested in the said courts of King's Bench, sitting by inferior
Terms in the cities of Quebec and Montreal, in causes not exceeding
the sum of ten pounds sterling; and that the sittings of the said
circuit courts in each of the said districts shall be two days in each
place, and shall be held at the times and places hereafter mentioned,
to wit, for the district of Quebec at Kamouraska, in the county of
Cornwallis, the first Friday and Saturday after the twenty-ninth day
of June of each year; at I'Islet, in the county of Devon, the Monday
and Tuesday of the week following; at Saint-Valier, in the county
of Hertford, the Thursday and Friday of the same week; at Saint-
Mary's Nouvelle Beauce, in the county of Dorchester, for the said
county, (except the parishes of Saint Joseph, of Pointe Levi and
Saint Nicholas,) Monday and Tuesday of the week following; at
Cap-Sante, in the county of Hampshire, Monday and Tuesday of
the week following; at Lotbiniere, in that part of Buckinghamshire
comprehended in the district of Quebec, Wednesday and Thursday
of the same week ; and at Saint Joachim, in the county of Northum-
berland, Monday and Tuesday of the week following; and for the
district of Montreal, at Vaudreuil, in the county of York, for said
county, (except the Isle Bizarre, and the seigniories of the lake of
the Two Mountains and of Saint Eustache,) and for that part of
the county of Huntingdon, which is to the Southward of the lake
Saint Francis, the first Monday and Tuesday after the twenty-ninth
day of June; at Terrebonne, in the county of Effingham, Thursday
and Friday of the same week; for the said county and for the
seigniories of the lake of the Two Mountains, and of Saint Eustache
at the village of I'Assomption in the county of Leinster, Monday
and Tuesday of the week following; at Berthier, in the county of
Warwick, Thursday and Friday of the same week; at Vercheres, in
the county of Surry, Monday and Tuesday of the week following;
at Saint Denis, in the county of Richelieu, Thursday and Friday of
the same week; at Chambly, in the county of Kent, Monday and
Tuesday of the week following; for the said county and for the lower
part of the county of Bedford, and at Dorchester or Saint John's, in
the county of Huntingdon, Thursday and Friday of the same week,
for the said county, (except the seigniories of Sault Saint Louis,
Chateauguay and Beauharnois,) and for the upper part of the
county of Bedford ; and at Chateauguay, Monday and Tuesday of
the week following for the said seigniories of Sault Saint Louis,
Chateauguay and Beauharnois.

XX. And be it also further enacted by the authority aforesaid,
that there shall be held in like manner, once in every year, by the
Judge of the provincial court of the district of Three Rivers, a
circuit court in the said district, at the times and places herein
after mentioned, to determine all civil suits and actions that are
within the competency of the said provincial court of the district
of Three Rivers, and that the sittings of the said circuit court shall
be two days in each place, and shall be held, to wit, at Riviere du
Loup for that part of the said district which lies to the Westward of
the town and banlieue of Three Rivers, on the North-side of the river
Saint Lawrence, on the fii-st Monday and Tuesday after the twenty-
ninth day of June; at Batiscan, for that part of the said district which

CONSTITUTIONAL DOCUMENTS 135

SESSIONAL PAPER No. 29c

lies to the Eastward of the town and banlieue of Three Rivers, on
the said side of the river Saint Lawrence, the Friday and Saturday
of the same week; at Gentilly, for that part of the aforesaid district
which lies to the Eastward of the river Beeancour, on the South-
side of the river Saint Lawrence, on Tuesday and Wednesday of the
following week ; and at Baye du Febvre, for that part of the said
district which lies to the Westward of the said river Beeancour, on
the said side of the river Saint Lawrence, on Friday and Saturday of
the same week.

XXI. Provided always and be it further enacted by the author- Eemoval of

ity aforesaid, that if any suit or action in such circuit courts shall causes from the

circuit courts lu
relate to any fee of office, duty, rent, revenue or any sum or sums certain cases.

of money payable to his Majesty, title'' to lands or tenements, annual

rents or such-like matters or things where the rights in future may

be bound, the defendant or defendants shall have the same right to

form an exception to the jurisdiction of the said circuit courts, and

to require a removal of the suit or action into the superior Terms

of the court of King's Bench to be held at Quebec or Montreal, or

into the Terms of the court of King's Bench to be held at Three

Rivers, each for their district respectively, in the same manner and

under the same condition as are herein before provided for the

removal of like suits or actions, from the inferior to the superior

Terms of the courts of King's Bench at Quebec or Montreal, and

from the provincial court at Three Rivers to the court of King's

Bench to be there held; and as often as it shall happen, that an

objection may be legally taken to the Judge upon the said circuit

courts in any suit or action, every such suit or action shall be

reserved to be heard, tried, and determined in a summary manner at

the next inferior Terms of the courts of King's Bench at Quebec

or Montreal, or Terms of said court to be held at Three Rivers

respectively.

XXII. And be it further enacted by the authority aforesaid that Transmission of
all records, registers and proceedings, in custody of, or belonging to Records, &c.,
the present court of King's Bench, shall be taken and considered to courts.
belong to, and be in custody of the court of King's Bench, to be
established under the present Act, for the district of Quebec,^ and all

the proceedings, records and registers in actions instituted and pend-
ing in any of the courts of Common-Pleas of the districts of Quebec
and Montreal, for whatsoever amount, and in that of the county of
Gaspe in actions wherein the amount claimed is above the sum of
twenty pounds sterling, shall be trani;mitted to the court of King's
Bench for the district in which such suits may have been instituted,
to be proceeded upon therein, as if they had commenced in the same,
and that the custody of all records, registers, papers and minutes of
what nature soever, in the possession of or considered as belonging
to the courts of Commion-Pleas of the districts of Quebec and Mon-
treal, shall be taken and considered to belong to the courts of Kings
Bench of the said districts respectively, and the proceedings, records
and registers and all papers and minutes of what nature soever as
aforesaid, in the custoly of, or belonging to the court of Common-

1. In the following year this section was amended so as to permit
the transfer to the Clerk of the Crown of the respective districts of re-
cords in tlie c-nstody of the Court of King's Bench and which related to
causes instituted in the district of Montreal or Three Bivers.

136

CANADIAN ARCHIVES

Proviuciai courts
of appeal
constituted.

Power of the
Governor to
appoint a
President of the
coiirt of appeals.

4 GEORGE v., A. 1914

Pleas of the district of Three Eivers, if relating to actions or suits
for sums not exceeding ten pounds sterling, shall be taken and con-
sidered to belong to the provincial court of the said district; and if
relating to actions or suits for sums exceeding ten pounds sterling,
shall be taken and considered to belong to the court of King's
Bench, to be held at Thi-ee Eivei-s, for the said district, and the pro-
ceedings, records and registers and all papers and minutes of what
nature soever, in the custody of or belonging to the court of Common-
Pleas of the county of Gaspe, relating to suits or actions for sums
not exceeding twenty pounds sterling, shall be taken and considered
to belong to the provincial court of the inferior district of Gaspe,
and that all and every the records, registers, papers and minutes
aforesaid shall be transmitted to the respective Clerks of the said
courts of King's Bench and provincial courts to be established under
the present Act, which courts respectively shall have authority, from
time to time, to order and compel the surrender of the said records,
registers, papers and minutes, by such persons, who are or may be
in possession thereof; and the refusal to surrender and deliver the
same shall be deemed and considered to be a contempt of the said
courts, and the person or persons so refusing may be proceeded
against as in cases of contempt accordingly.

XXIII. And be it further enacted by the authority aforesaid,
that the Governor, Lieutenant Governor or Person administering the
Government, the mem.bers of the Executive Council of this Province,
the Chief Justice thereof, and the Chief Justice to be appointed for
the (5ourt of King's Bench at Montreal , or any five of them (the
Judges of the court of the district wherein the judgment appealed
from was given, excepted) shall be constituted and are hereby erected
and constituted, a superior court of civil jurisdiction or provincial
court of appeals, and shall take cognizance of, hear, try and deter-
mine all causes, matters and things appealed from all civil jurisdic-
tions and courts, wherein an appeal by law is allowed; provided
always that no member of the court of appeals, shall be considered
disqualified from sitting on appeals, from the district of Three Eivers,
excepting the Judges who may have given the judgment appealed
from.^

XXIV. And be it also enacted by the authority aforesaid, that
the Governor, Lieutenant Governor or Person administering the
Government, when present in the said provincial court of appeals,
shall preside therein, and shall have and hereby hath full power and
authority to appoint any member of the said court to be President
thereof, during the absence of the said Governor, Lieutenant Gov-
ernor or Person administerino- flip no'-ornment for the said court,
any law to the contrary notwithstanding.^

1. For the former constitution of the Court of Appeals see Section
XXXJV. ff the Constitutional Act, the Ordinance of 1792. page 68, and
the ad-itivnal Ins*rrctions of July 12. 1792, page 71. For the constitu-
tion of the Court of Appeal of Upper Canada see page 155.

2. The rule which came to be adopted regarding the presidency of
the Court of Appeal was that in appeals from judgments given in the
Court of King's Eench for the district of Montreal the Chief Justice of
the Province should preside and that in appeals from the district of Que-
"bec the Chief Justice of the Court of King's Bench for Montreal should
preside.

CONSTITUTIONAL DOCUMENTS 137

SESSIONAL PAPER No. 29c

XXV. And be it further enacted by the authority aforesaid, Four Terms
that tne sai-] coin t of appeals shall be held at the city of Quebec J Pfj7ng\h/?^urt
in four Terms during every year, that is to say, from the tenth to the of appeals at
twentieth day, both days inclusive, of each of the months of January Quebec.

and November, and from the twentieth to the thirtieth day, both
days inclusive, of each of the months of April and July, the Sun-
days and holy-days in each Term excepted.

XXVI. And be it further enacted by the authority aforesaid. Transmission of

that all and every the records, registers and judicial proceedings records, &c.,

" *■ iroHi tliG DrGSGnt

thcireto relating, of the court of appeals of the Governor and Coun- courts of appeals.

cil, before the passing of this Act, shall be forthwith transmitted into,
and make part of the records of the court of appeals by this Act con-
stituted and established; and the said court shall and may hear, try,
and determine, and upon judgment made, sihall issue execution in
all causes which remained in the former court of appeals unheard
and not determined, and shall and may issue all such process and
writs of execution upon any judgment made by the former court of
appeals of the Governor and Council, with full cognizance of every
matter thereupon, which may be lawfully moved, touching any execu-
tion aforesaid; and the said court of appeals shall have full power
and authority, from time to time, to order and compel such i)ersons
as are in possession of any of the records, registers and proceed-
ings aforesaid, to transmit the same as before ordered; and every
neglect or refusal shall be deemed a contempt, and the party offend-
ing may be proceeded against in the same manner as for a contempt
of the said court.

XXVII. And be it also enacted by the authority aforesaid, that What causes may
an appeal shall lie to the court of appeals of this Province, herein f,^/PPu^''t'o'^f ^'■°"'
before mentioned and constituted, from every judgment of the pres- King's Bench,
ent c^urt of Common-Pleas, in all cases wherein by law, an appeal and on what
may now be brought therefrom to the present court of appeals, and ^"^

from every judgment which may be given in the civil superior Terms
of the said courts of King's Bench for the districts of Quebec and
Montreal, or civil Terms thereof, to be held at Three Eivers, in all
cases where the matter in dispute shall exceed the sum of twenty
pounds sterling, or shall relate to any fee of office, duty, rent, revenue
or any sum or sums of money payable to liis Majesty, titles to
la' ds or tenements, annual rents or such like matters or things
where the rights in future may be bound, although the immediate
vfbie or sum in appeal be less than twenty pounds sterling: pro-
vided that security be first duly given by the appellant, that he will
effectually prosecute the said appeal and answer the condemnation,
and also pay such costs and damages as shall be adjudged in case
the judgment or sentence of the court of King's Bench be affirmed,
or that the appellant agrees and declares in writing at the Clerk'a
office of the court appealed from, that he does not object to the
judgment given against him being carried into effect according to
law; on which condition, he shall give security only for the costs of
appenl. va case the appeal is dismissed; and on condition also, that
the appellee shall not be obliged to render and return to the appellant
more than the net proceeds of the execution, with the legal interest
on the sxim recovered, or the restitution of the real property, and
of the net value of the produce and revenues of the real property,
"whereof the appellee has been put in possession by virtue of the

138

CANADIAN ARCHIVES

Appeals in error
on the verdict
of a jury.

Rules of practice
in the courts.

Appeals in certain
cases to his
Majesty in
Council.

4 GEORGE v., A. 1914

execution, to take place from the 'day he recovered tlie sum or pos-
sessed the real property, until perfect restitution is made, without
any damajjes ajjainst the appellee by reason of the said exx'cution in
case the judgment is reversed, any law, custom or usage to the con-
trary notwithstanding.

XXVIII. And be it further enacted, that wherever the judg-
ment appealed from, shall be founded on the verdict of a jury, no
other appeal shall lie than an appeal in error, that the law only and
not the fact may be drawn into question.

XXIX. And be it further enacted by the authority aforesaid,
that all and singular the laws of this Province which before the pass-
ing of this Act were in force to govern and direct the practice of
the respective courts of criminal and civil jurisdiction, or which,
gave authority to the said courts to make and establish rules of
practice, and which are not expressly repealed or varied by this Act^
shall continue to be in force and be observed respectively by the
courts of criminal and civil jurisdiction, constituted by, or to be
constituted in pursuance of this Act; that is to say, that the laws
which concern and direct the present courts of Comm.on-Pleas, in
causes exceeding ten pounds sterling, shall continue to be observed
by the courts of King's Bench for the districts of Quebec and Mon-
treal, in the superior Terms thereof, and by the court of King's
Bench in the Terms which it shall hold in the town of Three Rivers;
that those which concern and direct the present courts of Coram 'n-
Pleas in causes not exceeding ten pounds sterling, shall continue
to be observed by the courts of King's Bench for the districts of
Quebec and Montreal, in the inferior Terms thereof, and by the
provincial courts of Gaspe and Three Rivers; and lastly, that the
laws which concern and direct the present court of appeals and the
present courts of criminal jurisdiction, and the Sessions of the
Peace respectively, shall continue to be respectively observed, 1 y the
provincial court of appeals, and by the courts of criminal jurisdiction
and Sessions of the Peace constituted by or to be constituted in
pursuance of this Act.

XXX. And be it further enacted by the authority aforesaid,
that the judgment of the said court of appeals of this Province, shall
be final in all cases where the matter in dispute shall not exceed the
sum or value of five hundred pounds sterling; but in eases exceed-
ing that sum or value, as well as in all cases where the matter in
question shall relate to any fee of office, duty, rent, revenue, or any
sum or svims of money payable to his Majesty, titles to lands or tene-
ments, annual rents or such like matters or things where the rights
in future may be bound, an appeal shall lie to his Majesty in his
Privy-Council, though the immediate sum or value appealed for,
be less than five hundred pounds sterling, provided security be first
duly given by the appellant, that he will effectually prosecute his
appeal, and answer the condemnation, and also, pay such costs and
damages as shall be awarded by his Majesty in his Privy-Council,
in case the judgment of the said court of appeals of this Province
be affirmed, or provided that the appellant agrees and declares in writ-
ing at the Clerks office of the court appealed from, that he does not
object to the judgment given against him, being carried into effect

1. See Sections XXXVIII. to XLII.

CONSTITUTIONAL DOCUMENTS 139

SESSIONAL PAPER No. 29c

according to law, on which condition he shall give sureties for the
costs of the appeal, only, in case the appeal is dismissed, and on con-
dition also that the appellee shall not be obliged to render and return
to the appellant, more than the net proceeds of the execution, with
legal interest on the sum recovered, or the restitution of the real
property; and of the net value of the produce and revenues of the
real property, whereof the appellee has been put in possession, by-
virtue of the execution, to take place from the day he recovered the
sura or possessed the real property until perfect restitution is made,
but without any damage against the appellee, by reason of such
execution, in case that the judgment be reversed, any law, custom or
usage, tn the cuntrary notjv/ithstanding.

XXXI. And be it also enacted by the authority aforesaid that Suspension of
in all cases, where appeal shall be allowed to his Majesty in his exec'tion on
Privy-Council, execution shall be suspended, for fifteen Calendar Mafesty in ^^
months from the day on which such appeal is allowed; and from coujieil for a
the ex'uration of that period, to the final determination of the said limited time,
appeal, if before the expiration of the said fifteen months, a certi-
ficate shall be filed in the court of appeals of this Province, signed

by the Clerk of his Majesty's Privy-Council, or his Deputy, or any
other person, duly authorised by him, that such appeal has been ■>

lodged and that proceedings have been had thereon before his Ma-
jesty in his Privy-Council, and if no such certificate be produced
and filed in the provincial court of appeals, within the said fifteen
months, the said appeal shall not longer operate a stay of judgment
and execution, but the party, who obtained judgment in the said
provincial court of appeals may sue out execution as if no such
appeal had been madn or allowed, any law, usage or custom to the
contrary notwithstanding.

XXXII. And be it further enacted by the authority aforesaid, Limitations of
vhat in all cases, where an appeal is by law sllov/ed, from the court appeals in certain
of King's Bench, to be constituted in pursuance of this Act, to the

provincial court o+" appeals herein before mentioned and constitut(<J,
ao also where an appeal is by law allov.-ed, from the said provincial
court of appeals, tn his Majcstv in his Privy-Council, no appeal shall
be granted or allowed, after the expiration of one year, from the date
of the final judgment of the said courts respectively; any law, usage
or custom to the contrary notwithstanding, saving always and ex-
cepting every siii.'h judpment, whereby the rights of persons under age,
femes covert, or persons non compos m,entis or otherwise interdit
may be bound; who may appeal from any such judgment, within
one year after the disability, under which they have respectively
so laboured, shall have ceased, and in case of the death of any person
labouring unrinr any . f ihe sair] disabilities, his or her heir or heirs,
if present in the Province, may appeal from such judgment, within
one year after such death or if absent therefrom, within five years;
and also saving and excepting every judgment which shall be given
against any person absent from this Province, who may appeal from
any such judgment, within one. year after such death, or if absent
therefrom, within five years; and also saving and excepting every
judgment which shall be given against any person absent from this
Province, who may appeal from any such judgment, within five
years from the date thereof, if he or she does not sooner return to
this Province, in which case no appeal shall be admitted after the

140

CANADIAN ARCHIVES

Transmission of
records, &c., of
the courts of
requests.

Terms for
holding the
General Sessions
of the Peace.

4 GEORGE v., A. 1914

expiration of oue year from the date of such return, and in case
of the death of any person v.'ithin one year after any judgment
given against him or her, his or her heir or heirs, if present in this
Province, may appeal from such judgment, at any time before the
expiration of a year from the death of such person, and if absent,
before the expiration of five years from the date of such judgment.

XXXIII. And be it further enacted by the authority aforesaid,
that all proceedings, records and registers in actions instituted and
depending in any of the courts of request, within the different dis-
tricts of this Province, as established by this Act, shall be trans-
mitted into the courts of King's Bench, in the inferior Terms
thereof, or into the provincial courts of the respective districts, in
which such actions may have been instituted, to be there proceeded
upon, as if they had been commenced in the said courts, and that
the keeping of all records, registers, papers and minutes of what
nature soever, in the possession and considered as belonging to, the
said courts of request, shall be taken and considered as belonging
to the said Courts of King's Bench in the inferior Terms thereof
or to the said provincial courts of the respective di-stricts, in which
such courts of request are comprehended, which courts shall respec-
tively have authority to order and compel the delivery of the afore-
said records, registers papers and minutes, by all such persons as
are or may be in possession thereof, and the refusal to surrender
and deliver them up, shall be considered as a contempt of the said
courts respectively.

XXXrV. And be it further enacted by the authority aforesaid,
that there shall bo held four times in eveiy year, in each of the dis ■
tricts of Quebec, Montreal and Three Rivers, and in the inferior dis-
trict of Gaspe, a General Session of the Peace, by the Justices of the
Peace of each respective district, or any three of them, whereof one
shall be of the quorum, who shall hear and determine all matters
relating to the conservation of the peace, and whatsoever is or may
be by them cognizable, according to the criminal laws of that part
of Great Britain called England, and the Ordinances or Acts in
force in this Province; and the said Sessions for the districts of
Quebec, Montreal and the Town of Three Rivers shall be held re-
spectively at the cities of Quebec and Montreal and the Town of
Three Rivers, that is to say, from the tenth to the nineteenth day of
each of the months of January and July, both days inclusive; and
from the twenty-first to the thirtieth days of each of the months of
April and October, both days inclusive, (Sundays and holy-days
excepted) and the said Sessions for tlie inferior district of Gaspe
shall be held at Bonaventure and Carleton, in the Bay of Chaleurs;
at Perce, in the entrance of the Bay of Gaspe and at Douglas-town,
within the said Bay of Gaspe; for eight days immediately following
the Terms of the provincial court of the said inferior district, (Sun-
days and holy-days excepted,) and two of the said Justices of the Peace
shall sit weekly, in rotation in the cities of Quebec and Montreal,^

1. On the 17th of May, 1810, Sir James Craig reported that, owing to
tKe disorganized condition of the Courts of Quarter Sessions for the towns
of Quebec and Montreal, he had, on the advice of the Executive Council,
appointed a permanent chairman of the Court for Quebec and two Jus-
tices of the Peace as Police Magistrates for the town of Montreal. (See
Canadian Archives, Q 112, page 173.)

CONSTITUTIONAL DOCUMENTS 141

SESSIONAL PAPER No. 29c

and in the Town of Three Rivers, for the better regulation of the
Police, and other matters, and things belonging to their office, and
the names of the Justices who are to sit in each week, shall be
posted, upon the door of the Session-house, by the Clerk of the Feace^
provided always, that nothing herein contained shall be construed
to prevent the holding of Special Sessions of the Peace, for the pur-
poses and in the manner by law allowed.^

XXXV. And be it further enacted by the authority aforesaid. Estreating of

that all recognizances which may hereafter become forfeited in his yecogmzances

iTiro tu© courts
Majesty's courts of General or Special Sessions of the Peace for the of King's Bench.

districts of Quebec or Montreal, shall be certified and estreated in and
into his Majesty's courts of King's Bench of the respective districts
twice in every year that is to say; all recognizances which may be^
come forfeited, in the sai*l courts of Geiieral or Special Sessions of the
Peace, from the beginning of every Sessions to be held in the month
of January in every year to the end of every Sessions to be held in
the month of April in every year, shall be and are hereby ordained
to be certified and estreated in and into the said courts of King's
Bench, the last day of every Term to be held in the month of June
yearly, and all recognizances which may become forfeited in the
said courts of General oi Special Sessions of the Peace, from the
beginning of every Sessions to be held in the month of July in every
year, to the end of every Sessions to be held in the month of October
in every year, shall in like manner be certified and estreated in and
into the said courts of King's Bench the last day of every Term to
be held in the month of February yearly, and all recognizances which
may hereafter become forfeited in the General or Specials Sessions of
fhe Peace for the district of Three Rivers, shall be certified and
estreated in and into the court of King's Bench of that district, that
is to say, all recognizances forfeited in said sessions of January and
April shall be certified and estreated in and into the court of King's
Bench, to be held at Three Rivers aforesaid in the month of Septem-
ber, and all recognizances forfeited in said Sessions of July and
October, shall be certified and estreated in and into the court of King's
Bench to be held at Three Rivers aforesaid in the month of March,
and all recognizances which may hereafter become forfeited in the
General or Special Sessions of the Peace for the inferior district
of Gaspe, shall be certified and estreated once in every year, in and
into the court of King's Bench, to be held for the district of Quebec,
in the month of February, and all recognizances which shall become
forfeited in any court of Oyer and Terminer, and General Gaol De-
livery, shall be certified and estreated in and into the court of King's
Bench of the district respectively where such recognizance shall have
teen entered into, on tlie last day of the next Term, after the sam.e
shall have become forfeited; on pain, that every Officer of or belong-
ing to the said courts of General Quarter or special Sessions of the
peace, to whom it doth, ought or shall appertain to make certificate
or estreat of any of the said recognizances, making default or offend-
ing therein, shall forfeit and pay twenty pounds sterling, for every
such default or failure that shall be made in certifying and estreating
as aforesaid; the one moiety to the Receiver General for the use of
the Crown to be applied for the public uses of this Province, and

1. Mr. Monk ob=erve8 that this clause preserves what would otherwise
be lost with the Ordinances repealed by the Act.

142

CANADIAN ARCHIVES

Captains or
Senior Officers of
Militia authorised
to act as
Coroners.

Powers granted
to the Justices
of the courts of
King's Bench, to
grant writs of
habeas corpus.

4 GEORGE v., A. 1914

for the support of the Government thereof, and shall be accounted
for to the crown through the Comniis?i!iner-7 of his ^Injesty's Treasury
for the time being, as the Crown shall direct, and the other moiety
to such person or persons that shall or will sue for the same, in any
court of record, by action of debt, plaint, bill or information, and
which said several courts of King's Bench are hereby authorized to
cause to be levied in the whole, or to moderate and remit in the
whole, or in part, such forfeitures, where it may appear just and
reasonable to be done.^

XXXVI. And whereas the great extent of this Province, may
render it often impracticable for the Coroner of the district to give
his attendance to the different places where it might be necessary;
be it further enacted by the authority aforesaid, that the Captains
or senior Officer of j\riliiifi shall be. and hereby are empowered, in
their respective parishes, when any marks of violence appear on any
dead body, to summon together six reputable house-holders of bis
parish to inspect the same, and he shall, according to their opinion,
report the manner and cause of such death, in writing, to the nearest
Justice of the Peace, that a further examination may be made there-
in, if necessary."

XXXVII. And be it further enacted by the authority afore-
said, that all the Powers and authorities granted by an Ordinance,
passed by the Governor and Legislative Council of the late Province
of Quebec, on the twenty-ninth day of April, in the twenty-fourth
year of his Majesty's reign, intituled "/4r? Ordinance for securing the
"the liberty of the subject, and for preventing of imprisonments out of
'^this Province," to the courts of King's Bench of the said late prov-
ince of Qne^'"'c. or tn the Chief Justice thereof, or tn tbe ^o'^m's-
sioners for executing the office of Chief Justice, or to any Judge
or Jiidge*^ of tlie said r'nnrt ""f King's Bench, reo-nrdina- t' e wit of
Habeas Corpus, shall be vested in each of the ^^■■'^•:^> ^f King'."
Bench, to be constituted in virtue of thi.s Act for rhe ll-tricts vf
Quebec and Montreal, and in all and singular the Justice* thereof.
whn shall be subject to the penalty provided by the said Ordinance
against fin^ ^f t'le Judpes of t'^e cotirt of Kini^'s Br'n'^-h. nr > -ided
always and be it further enacted, that when any writ of Habeas
Corpus sha'l he returnable in vacation time, such writ sh;i^l he made
returnable at Quebec, before the Chief Justice of th"s Province or

at

^e+o'T" t ^e

pi.i-o-F T:=f-nn of t%e '^-urt of Tr,-no'« T^f

'. "The duties dire'ted and rmwprs eranted hy this section atvipar to
b° very requisite. Altho' rec r nizances for a[)pearanfp, &c. '^ave ^een for-
feited witho t n n'ber, du -ing tfteen year*^ of my e'^i)pripnce I scaroely
know an instanfp of the penalty b'ing levipd. And the ndminisi ration
of .Tuslicp I'Hs been greatly relaved by sur-h indnlsrenf-e or necessity
Lately Mr. Smith. Chief Justice held that there was nn Court nf E\che-
fuer nor power 'n the r-onntrv. to recover the nenalty of a rpcr><jn'zance
forfeited for non-appearance &c»- The Equity Trust reposed in the Courts
cf Kin 's B I'ch by Miis clause to mitigate the f rfriti re of the recog-
nizance appears to be necessary, nor is there to be apprehended any im-
proper pxe cise of he power but on the cnntrary. great benpfit from
sn h confiden e" (Observations of Mr. Monk, Canadian Archives, Q G9.
pt. 2. pnfre 286.)

2 Thi <ect on ret^i'-s Article ITT. of thp Ordinance for establishing
Co' rts of Criminal Jnris'^'iction in the Province of Q ebec. 17 Geo. Ill,
chnp. 5. winch is reppahd hy -ec'ion XXXVITT. of the Aft,

3. T e Ordiname of the 24th Geo. ITT. ch-Mi. 3. known as the Ra'eas
Corpus Ordinince. See Canadian Archives, Ordinances of the Province
of (Quebec, 1784,

CONSTITUTIONAL DOCUMENTS 143

SESSIONAL PAPER No. 29c

at Montreal; and in case of the absence or indisposition of either
of tbem respectively, two or more Puisne Justices of the said courts
of King's Bench respectively, shall be necessary to proceed, hear and
deterijiiup < n ; aip law or n?aj.re to the contrary notvithstandina:;
provided also and be it further enacted, by the authority aforesaid,
that a writ of Habeas Corpus, according to the true intent and mean-
ing of the aforesaid Or(]inance. may be directed and run into the
dis^f'if't rf ThrPi.^ Ki'-cv3, fro"n either of the courts of Kind's Eench,
aforesaid, or from any of the Justices thereof, and shall be made
returnable, at the option of the person applying for or demanding
the sfune. eit cr into the Terms of tlie court of King's Bench to he
held at the Town of Three Rivers, or in vacation time before either
of the Chief Justices aforesaid, at Quebec or Montreal, to be pro-
ceeded on as if such writs had been applied for or demanded by
or (>n behalf of ai y person confined or imprisoned in either of the
district' of Q Lichee or Montreal.

XXXVIII. And be it further enacted by the authority afore- Acts or
said, that the Acts or Ordinances passed by the Governor and Legis- Ordinances
lative Council of the late province of Quebec hereafter mentioned,

to wit. An Ordinance, intituled, " An Ordinance for establishing
^^ courts of c vil judicature in the Province of Quebec," passed the
twenty-fifth day of February, in the seventeenth year of his Ma-
jesty's reign; also an Ordinance, intituled, ^' An Ordinance for estah-
" lishing courts of criminal jurisdiction in the Province of Quebec,"
passed the fourth day of March, also in the seventeenth year of his
Majesty's reign; also an Ordinance, intituled, "An Ordinance for
'' granting a limited civil pov^er and jurisdiction to his Majesty's
" Just ces of the Peace, in the remote parts of this Province," passed
the thirtieth day of April, in the twenty-fifth year of his Majesty's
reign: also an Act or Ordinance, intituled. "An Act or Ordinance
"to alter the Ordinance herein after mentioned,'" passed the thirtieth
day of Anril. in the twontv-cighth year of his Majesty's reign; also
an Act or Ordinance, intituled. " An Act or Ordinance to form a
"new district between the districts of Quebec and Montreal, and
"for regulating the same districts." passed the twelfth day of April,
in the thirtieth year of his ^lajesty's reign, be, and the said Acta
or Ordinances and every part thereof are hereby repealed.

XXXIX. And be it further enacted by the authority aforesaid, Ordinance of

that such part of an Ordinance, passed by the Governor and Legis- 27th Geo: III-,
, ,. ,^ .1 ,. , 1 . c /-A 1 1 1 • • 1 1 passed 30th April,

jative ( ouncil of the late province of Quenec, on the thirtieth day 1787 repealed

of April, i'l the twenty-seventh year of his Majesty's reign, intituled, in part.

"An ordinance to continue in force, for a limited time, an Ordin-

" ance made in the twentii-ffth yenr of his Majesty's reiqn, intituled,

"An Ordinnnce to regulate the proceedings in the courts of civil

" judicature, and to establish trials by juries in actions of a commer-

" cial nature, and personal wrongs to be compensated in damages,"

with siifh additional regulations as are expedient and necessary:

and which parts are. to wit. the clause which fixes the Terms of

' Con tifvt!n,'nl Uoewnents, 1759-1791, Shortt and Doughty, 1907,

2 IhH. p ;rp 4:1.

3 5 r.eo. I'T. ri>ap. 5
'. 30 ri.o. ni. ri.ap. 5.
5. :7 Go. Ill, Chap. 4.

144

CANADIAN ARCHIVES

Act or Ordin-
ance of 28th Geo.
III., pa'=="d 30th
April. 1788,
repealed in part.

Act of 31st Geo.
III. passed 11th
April, 1791, re-
pealed in part.

Act of 33d Geo.
III., chap 3d.,
repealed in part.

4 GEORGE v., A. 1914

the court of Coniinon-Pleas, the clause concerning appeals to be
lodged by executors, administrators, tutors or curators, and the part
which concerns the dispensation of justice in small matters, and
which gives power to the Governor or to the Commander in Chief,
for the time being, with the advice and consent of the Council, to
erect new districts by letters patent in the distant parts of this
Province, be, and the said parts or clauses of the said Ordinance
are hereby repealed; and all power and authority vested in any court,
or the Judge or Judges of any court constituted in virtue of the
said Oidinauce, shall from and after the passing of this Act cease
and determine.

XL. And be it further enacted by tlie authority aforesaid, that
so much of an Act or Ordinance passed by the Governor and Legis-
lative Council of the late Province of Quebec, on the thirtieth day
of April, in the twenty-eighth year of His Majesty's reign, intituled,
"An Act or Ordinance for regulating the fisheries in the river of
" Saint Lawrence, in the Bays of Gaspe and Chaleurs, on the island
" of Bonaventure and the opposite shore of Perce," as gives power
to two Justices of the Peace to hear and determine any difference
or controversy iwhich might arise betwixt the masters of fishing-ships,
shallops, boats or other vessels, for and concerning the right and
property of fishing rooms, stages, flakes, or any other conveniency or
building for carrying on their fishery, or for curing their fish, be-
tween Cap Cat and the rapids of liistigouche in the bay of Chaleurs
aforesaid, at Perce and on the island of Bonaventure, be and such
pai't of the said Act or Ordinance is hereby repealed.

XLI. And be it further enacted by the authority aforesaid,
that so much of an Act passed by the Governor and Legislative
Council of the late province of Quebec, on the eleventh day of April,
in the thirty-first year of his Majesty's reign, intituled, "An Act
" to continue and amend the Acts or Ordinances therein mentioned,
" respecting the practice of the law in civil causes," as concerns the
regulations hitherto established respecting the conduct of the busi-
Jiess of the courts of request, and gives power and authority to the
Governor or Commander in Chief, with the advice of the Council
to make, from time to time, such alterations therein as he shall
thinl? necessary, by letters patent under the great seal, be, and such
part of the said Act or Ordinance is hereby repealed.

XLII. And be it further enacted, by the authority aforesaid,
that so much of an Act passed by the Legislature of this Province,
in the thirty-third year of his Majesty's reign, intituled, " An Act
" to prevent the inconveniences that may arise by the discontinuance
" of certain temporary Ordinances," passed by the Lieutenant-Gov-
ernor and Executive Council, as continues a temporary Ordinance,
intituled, " An Ordinance relating to causes in appeal to the court
" of the Governor and Executive Council," passed the twenty-fourth
day of February, in the thirty-second year of his Majesty's reign,
be, and such part of the said Act as continues the said Ordinance
in force, is hereby repealed.

1 28 Geo. I^I, Chap. 6.

2. 3 Geo. Ill, Chap. 2.

3. See page 68.

CONSTITUTIONAL DOCUMENTS 145

SESSIONAL PAPER Mo. 29c

XLIII. Provided always, and it is declared and enacted by the Reservation of

authority aforesaid, that nothing herein contained shall be construed J^ rights and

° prerogatives oi

in any manner to derogate irom the rights of the Crown, to erect, the Crown.

constitute and appoint courts of civil or crinjinal jurisdiction within
this Province, and to appoint, from time to time, the Judges and
Officers thereof, as his Majesty, his Heirs or Successors shall think
necessary or proper for the circumstances of this Province, or to
derogate from any other right or prerogative of the Crown whatso-
ever.^

XLIV. And be it further enacted by the authority aforesaid, Prolongation of
that every writ or process, which is or shall be returnable into any the returns of
of the present courts of Common-Pleas, at any day posterior to the cases,
passing of this Act, shall be returned into that court, into which
the records, registers and proceedings of the court from whence
such writ or process may have issued, are by this Act directed to be
transmitted; and every such writ or process shall be held and con-
sidered to be returnable on the first day of the Term, as by this Act
established, next following the day on which such writ or process is
or shall be returnable into any of the courts of Common-Pleas.

1. Regarding this Section, Mr. Monk observes "A clause hastily
added to the Bill, by a warm advocate for the Crown, without knowing
there to be a necessity, or its extent or meaning. It may produce a bene-
fit. It cannot injure.^' (Canadian Archives, Q 69, pt. 2, page 287.)

29c— 10

146 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

AN ACT ESTABLISHING A COUKT OF KING'S BENCH IN
UPPER CANADA.

THIRTY-FOUR GEORGE THE THIRD.
CHAPTER 11.^

AN ACT TO ESTABLISH A SUPERIOR COURT OF CIVIL AND CRIMINAL JURISDIC-
TION^ AND TO REGULATE THE COURT OF APPEAL.

[9th July, 1794.]

Preamble j^qr the general and regular administration of justice throughout

this Province; Be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and
assembly of the Province of Upper-Canada, constituted and assem-

1. From The Statutes of His Majesty's Province of Upper Canada,
edition of 1802.

2. Between the years 1791 and 1794 the Province of Upper Canada
■was not without a system of courts. That portion of Quebec which be-
came Upper Canada had been divided in 1788 into four judicial districts
which had subsequently been changed in name. The District of Lunen-
burgr became the Eastern District; Mecklenburg^, the Midland District;
Nassau, the Home District, and Hesse the Western District. Courts of
Common Pleas and of Qi.arter Sessions had been established within each
of these districts, while the Constitutional Act constituted the Governor
and Executive Council a Court of Appeal for the Province. (See Constitu-
tional Documents, 1759-1791, Shortt and Doughty, pages 651 and 102.)

In 1792, a Provinci.i' Statute created a Court of Requests in which
t^'o or more justices of the peace determined causes for the recovery of
debts not exceeding the sum of forty shillings. In the following year the
Governor, Lieutenant Governor or person administering the government,
together with such persons as he should associate with him, were con-
stituted a Couit of Prob te for the Province and the Governor or his
repiesf ntative was authorized to form within each of the districts of the
Province a Surr g-te Co' rt for the purpose of granting probate of wills
and letters of administration.

Rrgarding the Courts of Common Pleas, Lieut.-Governor Simcoe, writ-
irg to Mr. D ndas, August 2, 1794, observed that. "It was with difficulty
that persons could be obtained to accept the office of Judge. In the
Eastern District the Duty was discharged by Country Gentlemen. In the
Western as charaoter.s of this Description were not to be obtained the
appointmeut was offered to some respectable Merchants, but they excused
themselves from the consciencious plea, that it was impossible any cause
could come before them in which they should not be mediately or imme-
diately interested. In -he Home & Midland districts recourse was had
from necessity among others to Gentlemen concerned in Commerce both
as Principals & Agents who might with greater propriety have availed
themselves of a similar excuse, but in a still more extensive line, not be-
ing actuated by the like scruples, accepted the office & till the first meet-
ing of the Legislature decided every cause without even the Intervention
of a Jury." (The Canadian Archives, Q 280, pt. 1, page 250.)

In 1792, plans were considered for the reform of the judicial systems
of the various North American colonies, (see page 110). The existing
establishment for Upp^^r Canada is given as

Chief Justice £1,000

Two Judges of Common Pleas, each £500 1,000

Attorney General 300

£2,300
So'icitor General not necessary, none appointed.
Mr. Dundas observes that " This establishment seems to require no
other alteration, it being the intention of Chief Justice Osgoode to preside
in the Court of Common Pleas. And Lieut. Governor Simcoe may be in-
structed to propose a Bill for making the said Court Co-extensive as to
its Jurisdiction with' the Courts at Quebec and Montreal." (The Canadian
Archives, Q 57, pt. 2, page 360.)

CONSTITUTIONAL DOCUMENTS 147

SESSIONAL PAPER No. 29c

bled by virtue of and under the authority of an Act passed in the
parliament of Great Britain, intituled, " An Act to repeal certain

parts of an Act passed in the fourteenth year of his Majesty's reign,
intituled, " An Act for making more effectual provision for the gov-
ernment of the Province of Quebec, in North America, and to make
further provision for the government of the said Province," and by
the authority of the same, That there be constituted and established, A Court of
and there is hereby constituted and established a court of law, to 1°?!^ hf^
be called and known by the name and style of his Majesty's Court
of King's Bench, for the Province of Upper-Canada, which shall be
a court of record of original jurisdiction, and shall possess all such
powers and authorities as by the law of England are incident to a Jurisdicition and
superior court of civil and criminal jurisdiction, and may and powere 'thereof.
shall hold plea in all, and all manner of actions, causes or suits, as
well criminal as civil, real, personal and mixed, arising, happening
or being within the said Province, and may and shall proceed in
such actions, causes or suits by such process and course, as shall tend
with justice and dispatch, to determine the same, and may, and shall
hear and determine all issues of law, and shall also hear, and by
and with an inquest of good and lawful men,^ determine all issues
of fact that may be joined in any such action cause or suit, as afore-
said, and judgment thereon give, and execution thereof award, in
as full and ample a manner as can or may be done in his Majesty's
courts of king's bench, common bench, or in matters which regard
the king's revenue by the court of exchequer in England. And
that his Majesty's .cliief justice of this Province, together with two Persons who
puisne justices, shall preside in the said court, which court shall be shall preside
ho 'den in a place certain, that is, in the city, town, or place where '^^j*'"^*^.','^ pla*e
the governor or lieutenant governor shall usually reside; and until ghall beholden
such place be fixed, the said court shall be holden a'^ the iast place
of meeting of the legislative council and assembly.^

II. And in order that certain stated times be fixed for the sitting Terms of
of the court, be it enacted by the authority aforesaid. That four ^* ^^^'
periods of session or terms be appointed in each year, successively,
to be known by the names of' Hilary, Easter, Trinity, and Michael-
mas term. That the Hilary do commence on the third Monday in At what

January, and end on the Saturday of the ensuing week. That P?^^o*^« '*^^« «^°^«
•" "^ ° , snail oominenoe

Easfcr term do commence on Monday next after the sixteenth day respcotively.
of April, and end on the Saturday of the ensuing week. That the
Trinity term do commence on the third Monday in July, and end on

1. An Act passed in this same, year (Chap. I) authorized the Court
of King's Bench on motion to order a special jury to be struck for the
trial of any issue. This Act was repealed by the Statute 48 Geo. Ill, chap,
XIII, which empowered His Majesty to obtain a special jury in any cause
without any motion in court.

2. It will be observed that the jurisdiction of the Court of King's
Bench of Upper Canada was confined to that of the common law courts
of England. No opportunity was permitted to apply the equitable doc-
trines then being administered by the Lord Chancellor and the Master of
the Rolls in England. This limitation was early felt to be a hardship and
as early n<; 1802 a dpmand was made for the establishment of a court of
equity. (See page 294).

3. In 1795, special provision was made for the holding of the Sessions
of the Court of King's Bench in the town of Newark for the two years next
ensuing. At the end of this period the original Act of 1794 came into
force and with the change in the seat of government the Courts likewise
moved to York.

29c— lOi

148

CANADIAN ARCHIVES

The court may
adjourn from
one return day
to the next
immediate oiiie.

Manner of
issuing and
testing write
and when re-
turnable.

Original

proooes.

Declaration ito
be annexed to
the writ; and
filed in the
office before pix)-
oess issues.

Circumstances
necessary in
order te arrest
or hold to
special bail, and
forms in so
doing.

Bail.

4 GEORGE v., A. 1914

the Saturday of the ensuing week : and that the Michaelmas term do
commence on the first Monday in October/ and end on the Saturday
next ensuing: and that the first and last days of every term, and
every alternate day from the first, not including Sunday, be return
days.

III. Provided always, and he it hereby further Enacted, That
when the court shall have good reason to believe, there will not be
sufficient business to require their daily attendance throughout the
term, they may be at liberty to adjourn the court on any return day,
to the next immediate return day.

rV. And he it further Enacted hy the Authority aforesaid. That
all writs to be sued out of the said court, shall issue in the King's
name, and be tested by the Chief Justice, or in his absence, by the
senior Judge of the court, and be returnable on some return day
in term time, and that not less than fifteen days inclusive, shall
always intervene between the teste and return of the first process
that shall be directed to the Sheriff of the Home district, or the dis-
trict in which the court shall be holden, and that not less than forty
days inclusive, shall always intervene between the teste and return
of the first process into every other district.^

V. And he it further Enacted hy the Authority aforesaid, That
the original and first process of the said court, shall be by writ of
capias ad respondendum^; and in order that the defendant or de
fendants may be immediately apprized of the cause of complaint
against him or them, the said writ shall state the form of action,
and refer to the declaration which shall always be annexed to, and
served with the writ; and for that purpose it is hereby further en-
acted, That no process shall issue at the suit of any plaintiff, where
the defendant is not to be holden to special bail, until the declaration
on which it may be founded shall be filed in the office.

VI. And he it further Enacted hy the Authority aforesaid, That
no person shall be arrested or holden to special bail, upon any pro-
cess issuing out of the said court in a civil suit, unless an affidavit
be first made by the plaintiff, that the defendant is justly and truly
indebted to him, in a sum certain, which together with the account
fcr which it became due, shall be specified, and also that the de-
ponent verily believes the defendant is about to leave the Province,
^ith an intent to defraud his creditors,* which affidavit may be made
before any Judge or Commissioner of the Court, authorized to take
affidavits as hereinafter is provided, or else before the officer who
shall issue such process, or his deputy, which oath the said officer
or his deputy are hereby authorized to administer; and for such

1. The times at which the various terms commenced was altered by
57 Geo. Ill, c. IV, s. 3.

2. Several important changes in procedure were made in 1797 and
again in 1801. The Act 37 Geo. Ill, c. IV, limited the time for the return
of the first process to fifteen days in all the districts of the Province, while
the Act 41 Geo. III. c. IX. made it possible to issue writs and transact all
proceedings before final judgment in the office of the clerk of the Crown
and Pleas within each district.

3. In cases in which special bail was not required the original pro-
cess was changed in 1797 to a writ of summons.

4. Experience proved that the provision here contained did not pre-
vent debtors from absconding and it was accordingly amended in 1798, so
as to make it sufficient that the affidavit, besides stating the cause of
action, should also state " that the deponent is apprehensive that the de-
fendant will leave the Province without paying his debts." (37 Geo. Ill,
c. VI, 6. I.)

CONSTITUTIONAL DOCUMENTS 149

SESSIONAL PAPER No. 29c

affidavit one sliilliiig- sliall be paid and no more; and the siun or
sums specified in such affidavit, shall be indorsed on the back of the
writ, or jirocess, for which sum or sums the sheriff or other officer
to whom such writ or process shall be directed shall take bail, and
for no more.

VII. And whereas by reason of the present want of a certain and
ready communication throughout the Province, it may be practica-
ble for fraudulent persons to escape from their creditors, before
process can be obtained from the said court to prevent them, be it
therefore enacted by the authority aforesaid, That it shall and may
be lawful for any plaintiff having made such affidavit as aforesaid,
to sue out from the clerk of the peace, in each and every district, a

writ of capias ad respondendum, with which the said clerk shall, Writs for

from time to time be supplied, signed by the proper officer of the u^i??^^"^^/ °^

court, on which shall be indorsed the amount of the sum sworn to, special bail ito

and to which the said affidavit shall be annexed; whereupon it shall be procurable

and may be lawful for the sheriff to arrest the said defendant and ^^^™ ^^^ cJerk
1111'x -iiM 1 !• ^ 1 1 <>t the peace in

hold nim to special bail, to the amount oi the sum endorsed. every district.

VIII. And he it further Enacted hy the Authority aforesaid. Ordinary
That in all civil suits where the defendant shall not be holden to ^**^I-^^„''-^ ^^-^i
bail, by reason of such affidavit as aforesaid, the ordinary course of suits. °
proceeding shall be by serving or causing the defendant or defend-
ants personally to be served with a copy of the process and declar-
ation, by some literate person; and if such defendant or defendants

shall not appear at the return of the process, or within eight days ./»,, ., .

i-x 1 , • 1 .111 1 1 1 ,. f ^ 1 Amdiaviit of p<>.r-

alter such return, m such case it shall and may be lawful for the sonal service.

plaintiff or plaintiffs, upon affidavit being made and filed of the

personal service of such process and declaration, which affidavit

shall be filed gratis, to enter a common appearance for the defendant

or defendants, and to proceed thereon, as if such defendant or

defendants had entered his, her or their appearance.

IX. And he it further Enacted hy the Authority aforesaid, That Notic*.
upon every copy of such process, to be served upon any defendant,

shall be written a notice in the English tongue, to such defendant
of the intent and meaning of such service to the effect following:

" A. B. You are served with this process, to the intent that
"you may, either in person or by your attorney, appear in his in the English
" Majesty's court of King's Bench, at the return thereot, being tongue.
" the day of in order to your defence

" in this action."

And when any party, defendant, is a Canadian subject by treaty,
.or the son or daughter of such Canadian subject, the like notice
shall be written in the French language.

" A. B. II vous est enjoint et ordonne de comparoitre person-
" nellement ou par procureur a la cour du banc du roy a I'expira- }" French

" tion de ce writ qui fera le jour

" pour repondre a cette action."

X. And he it further Enacted hy the Authority aforesaid. That Appearflnce.
it shall and may be lawful for each and every defendant personally

to attend and enter his, her or their appearance at the office, on or
before the day at which the process or writ shall be returnable, or to
authorize any person to enter an appearance for him, her or them:

150

CANADIAN ARCHIVES

Demand af a

plea.

Time allowed

for filiTig tlTe
same.

Jadgmonit for
want of a
plea.

Judgment
for want of
appearance.

Firwt and last
days to be
inclusive.

Form of
proceeding to
issue.

Form of a
declaration on a
common
undertakin'.

The stii Lutes
of jeofails,
limitations, and
for the amend-
ment of the
iaw, adopted a-s
in England.

4 GEORGE v., A. 1914

and that in all actions or suits where the defendant or defendants
have entered, or caused such appearance to be entered, the plaintiff
or his attorney shall, by a demand in writing, call for a plea; and in
all actions or suits where the defendant or defendants live within
tbe Home district, or the district in which the court shal] be holden,
four days shall be allowed after such demand, as the ordinary time
within which they shall be required to file their plea to the action;
and in all actions or suits where the defendant or defendants reside
without the limits of the Home district or district in which the court
shall be holden, eight days shall be allowed after such demand, as the
ordinary time within which they shall be required to file their plea,
and if after the expiration of such times respectively, no plea be
filed, it shall and may be lawful for the plaintiff or plaintiffs or his
attorney to sign judgment in the cause.

XL And he it further Enacted hy the Authority aforesaid, That
in all actions or suits, where the defendant or defendants, having
been served with a copy of nrocess, with such written notice as afore-
said, shall neglect to enter their appearance at the return of the
writ, it shall and may be lawful for the plaintiff or plaintiffs, having
entered such appearance for the said defendant or defendants, as
aforesaid, at the expiration of eight days after having entered such
appearance, to sign judgment in the cause, without any demand of
A plea.^

XII. And he it further Enacted hy the Authority aforesaid.
That the first and last days of all periods of time limited by this
act, or hereafter to be limited by any rules or orders of court, for
the regulation of practice, be inclusive.

XIIL And he it further Enacted hy the Authority aforesaid,
That the form of proceeding in the said court shall be by a course
of pleading, to issue in the most compendious manner; and that in
all actions founded on a common undertaking, the following form
of declaration may be adopted. — A. B. complains of C D. late of

For that whereas the said C. D. on the
day of at was indebted

to the said A. B. in the sum of (the considera-

tion advanced) and being so indebted, he the said CD. then and
there undertook and faithfully promised the said A.B. to pay him
the said sum, when he the said CD. should be requested, and
though since requested, doth now refuse so to do, to the said A.B.
his damage of £ who therefore brings his suit.

XIV. And he it further Enacted hy the Authority aforesaid.
That each and every of the statutes of jeofails, and each and every of
the statutes of limitations, and each and every of the statutes for the
amendment of the law, excepting those of mere local expediency,
which from time to time have been provided and enacted, respect-
ing the law of England, be adopted and declared to be valid and
effectual for the same purposes in this Province.^

XV. And in order to discourage vexatious suits, and to prevent
additional charges upon any defendant or defendants, who may

1. The procedure in such instances was further defined by 37 Geo.
Ill, c. IV. s. 5.

2. The extent to which the provisions of the statutes here mentioned
are applicable in the Province of Ontario is set forth in the R.S.O. (1897

0. Ill, 8. 2.

CONiSTITUTIONAL DOCUMENTS 151

SESSIONAL PAPER No. 29c

be willing to pay the sum whicli he or they admit to be justly A ml© of
due, Be it enacted, that in all cases where the sum demanded by ^^^^ *^ ^
any plaintiff or plaintiffs is a sum certain, or is capable of being motion • for th«
ascertained by computation of numbers, it shall and may be lawful payment of
for any defendant or defendants, to move that he or they may be at "^oj^ey into the
liberty to pay into court such sum as he or they shall propose to pay datioii of a iTebt
in full discharge of the said demand ; whereupon the court may certain, i

order a rule to be drawn up to such effect, or in time of vacation,
such order may be made by- a judge of the court, and in case the
plaintiff shall be willing to accept, and shall accept the same, to-
gether with all costs accruing to that time, to be taxed by the proper
officer, the same shall be in full satisfaction of such his demand, and ^^^ ^ codv
all further proceedings in the said action shall cease; and to the end of euch rule
that every plaintiff or his attorney may know of such proceeding, sc-iyed on ^Jie
the defendant or defendants shall, and are hereby required to serve a hirattornev
copy of the rule authorizing such payment to be made, upon the
plaintiff or his attorney, at the time of filing his plea of the general
issue, to such plaintiff's declaration.

XVI. Provided always. That upon payment of money into court, F'^"^*^^ ft ^^^
it shall and may be lawful for the officer receiving the same, to de- officer
mand, and take a sum not exceeding twenty shillings, for every receiving tho
hundred pounds so paid into court, and at, and after the same rate same.

and proportion, for every sum of money so paid, and also to demand
and take the sum of one shilling for every receipt by him given on
account of money so paid in as aforesaid.

XVII. And for the more convenient administration of justice Commissions of

assi^/e and lusi
throughout the Province, Be it enacted, that it shall and may be prius to issue,
lawful for the governor, lieutenant governor, or person administer- yearly, into
ing the government of this ProviHCe, to issue yearly and every year, [[jg^pf Ig^
in the vacation between the Trinity and Michaelmas terms, such
commissions of assize and nisi prius, into the several districts, as
may be necessary for the purpose of trying all issues joined in the
said court, in any suit or action arising in the said districts respec-
tively; and that when a suitable communication by land shall be
opened from the city, tovvn or place, which shall be the seat of gov-
ernment, into the respective districts, and the circumstances of the
Province may require it, it shall and may be lawful for the governor, and oltener, when
lieutenant governor, or person administering the government, like- circum3tanc>2s
wise to issue yearly and every year in the vacation, between the ^^' permr .
Hilary and Easter terms, such commissions of assize and nisi prius
into each of the several districts, as may be necessary for the
trial of all issues joined in manner aforesaid; and to that end, it
shall and may be lawful for any person or persons upon reasonable
notice given to the adverse party, or their attorney, to take and sue
forth such writs and records of nisi prius, as may be necessary for Wrrts to be
the trial of all issues joined in the said court as may be triable in accordingly, by
the respective districts of this Province, and thereupon sue out the parties.
their jury process in such manner and form, and with such awards,
as is practised in the courts of nisi prius in England.

XVIII. Provided always, That nothing herein contained shall m^is^ons*^°for
prevent or be construed to prevent the governor, lieutenant gover- the trial of
nor, or person administering the government of this Province, from offenders, to
issuing a special commission or commissions for the trial of one or ucvtwithstanding,

when expedient.

152

CANADIAN ARCHIVES

roiiod aad
manner of
tiying issues
joined in the
Home distrdot.

Writs of nisi
prius to be
soied forth.

Sheriffs to
make return of
all writs of nisi
prius, and to
give their
attendance upon
the chief
juptice, or
other judge of
assize.

Notice of
trial in the
Home digtrict.

Countermand
thei-eof.

Notice of
trial in the
other districts

Countermand
thereof.

4 GEORGE v., A. 1914

more offender or offenders upon extraordinary occasions, when he
shall deem it requisite or expedient that such commission should
issue.

XIX. And be it further- Enacted hy the Authority aforesaid.
That upon all issues joined in the said court in any suit or action
which shall arise or be triable within the Home district, or in the
district where the court shall be holden, the chief justice, or in his
absence, any other judge of the said court, shall, as justice of nisi
prius for the said district, at their discretion, either in term time,
or within ten days next after the end of every Easter and Trinity
term, respectively, try all manner of issues joined in the said court,
which ought to be tried by an inquest of the said district, and that
commissions and writs of nisi prius shall be for that purpose from
time to time awarded; and it shall and may be lawful for any person
or persons, upon reasonable notice as herein after set forth, given
to the adverse party or their attorney, to take and sue forth such
writs and records of nisi prius as may be necessary, for the trial of
such issues as aforesaid.

XX. And he it further Enacted hy the Authority aforesaid, That
the sheriffs of the several districts shall, and they are hereby required
to make return of all writs of nisi prius which shall be delivered to
them, or their sufficient deputy, before the said chief justice, and
every other judge wno shall be assigned to execute such commissions
of assize and nisi prius, and shall give their attendance upon the
said chief justice, and each other justice, as well for the returi'lng
of such tales de circumstantibus as shall be prayed for the trial of
such issues, as for the maintenance of good order in the king's
court, and for the doing and executing of all other things to the
office of sheriff in such case belonging and appertaining.

XXI. And he it further Enacted hy the Authority aforesaid.
That no indictment, information or cause whatsoever, shall be tried
at nisi prius, before any judge or justice of assize or nisi prius, or
at the sittings for the Home district, or district where the said
court shall be holden, unless notice of trial, in writing, has been
given at least eight days before such intended trial; and in case
any party or parties shall have given such notice of trial as afore-
said, and shall not afterwards duly countermand the same, in writ-
ing, at least four days before such intended trial, every such party
shall, upon neglect of bringing such issue to trial, be obliged to pay
unto the party or parties to whom such notice of trial shall have
been given, as aforesaid, the like costs and charges as if such trial
had not been countermanded.

XXII. And he it further Enacted hy the Authority aforesaid.
That no indictment, information or cause whatsoever, shall Le tried
at nisi prius before any judge or justice of assize or nisi prius, in
any district, other than the Home district, or district where the
court shall be holden, unless notice of trial has been given, at least
twenty days before such intended trial; and in case any party or
parties shall have given such notice of trial as aforesaid, and shall
not afterwards duly countermand the same, in writing, at least four-
teen days before such intended trial, every such party shall, upon
neglect of bringing such issue to trial, be obliged to pay unto the
party or parties to whom such notice of trial shall have been given
as aforesaid, the like costs and charges as if such trial had not been
countermanded.

CONSTITUTIONAL DOCUMENTS I53

SESSIONAL PAPER No. 29c

XXIII. And whereas it may in many cases be desirable for the Ccmmissiioiis for
furtherance o± justice to obtain the depositions of witnesses in civil ^^^ examiniation
«uits, which cannot be had by the ordinary process of subpccna, Be without the

it enacted by the authority aforesaid, That where the cause of ac- province, and of

tioti arises without the jurisdiction of the court, it shall and may y^^^ons, ag3d,

, ,. , .,,..,., , . infirm, or

be lawTul on special application tor that purpose made, to issue a going to

■•omniission under the seal of the court, to take the examination of depart th©
.atnesses residing without the limits of the Province, due notice lo'^'iiice-
being given to the adverse party, to the end that he, she or they,
may cause such witnesses to be cross-examined, and also that when
*he testimory of any aged or infirm person, or of any person about
to depart the Province may be required, it shall and may be lawful
for the said court to issue a commission, in like manner, for the ex-
amination of such aged or infirm person, or of 'any person about to
depart the Province, due notice being given to the adverse party
for the purposes aforesaid.

XXIV. Provided always, and he it further Enacted, That the Exceptiofns, in
examination of such aged or infirm person so taken, shall not be ^ertiaxu cases, to

1-1 ^ 1 • 1 /• • . 1 1 , ■,. . the evidenoe

admitted or read at the trial 01 any issue, m case he or she be living obtained

at the time of the trial, and that the examination of such person by such

about to depart the Province, so taken, shall not be admitted or f^^amijiations.

read at the trial of any issue, in case he or she shall be in the

Province at the time of such trial.

XXV. And he it further Enacted hy the authority aforesaid, That Costs of
the allowance of costs to either party, plaintiff or delendant, in ^, ,^^ ^

all civil suits and penal actions, be regulated by the statutes and bjTthe statuites

usages which direct the payment of costs, by the laws of England. f^i-d usages of

England.

XXVI. And he it further Enacted, That the Chief Justice and

other the Justices of the said court of King's Bench, for the time Commissioners to
, . , . . be empowered to

being, or any two of thein, whereof the Chief Justice for the time take affidavits.

being to be one, shall, and may by one or more commission or com-
missions, under the seal of the said court, from time to time, as
need shall lequire, empower ^\hat, and as many persons as they shall
think fit and necessary, in all the several districts within this Pro-
vince, to take and receive all and every such affidavit and affidavits
as any person or persons shall be willing and desirous to make before
any of the persons so empowered, in or concerning any cause, matter
or thing depending, or hereafter to be depending, or in any wise
concerning any of the proceedings to be in the said respective courts,
and that it shall and may be lawful for any judge of assize, in his
circuit, to take and receive any affidavit or affidavits as any person
or '>or«ons shall be willing and desirous to make before him, in or
concerning any cause, matter or thing depending or hereafter to be
deneii'ling, or in any wise concerning any proceedings to be had in
the said court of King's Bench, which said affidavits, taken as afore- ^?}'^^ *°^
said, shall I e filed in the oft'ce of the said court, and there be read affidaviits.
and made use of in the said court, to all intents and purposes as
other affidavits, taken in the said courts ought to be, and that all
and every affidavit and affidavits, taken as aforesaid, shall be of the
samp force as affidavits taken in the said court shall and may be; . ,

and all and every person or persons forswearing him, her, or them- penalties of
selves, in srch affidavit or affidavits, shall incur and be liable unto perjury in

the same pains and penalties as if such affidavit or affidavits had "Ifj^'^f ^*^^
, 11,. affidavit,

been made and taken m open court.

154

CANADIAN ARCHIVES

Fee for taking
affidavit.

Commissioners
be empowered
to take

recognizanoes of
bails.

to

Means of
rendering such
recognizances of
bail effeotual.

Fee for taking
the same.

Rules to be
made for
justifying of
bail, iDut by which
the oognizors
sI'bII not be
compellable to
personal
appearenoe in
court.

Recognizances of
bail before a
judge of assize
to be valid.

Ordinances,
constituting the
former courts
of common
pleas, repealed.

Provision for
actiions pending
in the late
courts of com-
mon pleas.

4 GEORGE v., A. 1914

Provided always. That for the taking of every such affidavit, the
person or persons so empowered and taking the same, shall, for so
doing, receive only the sum or fee of twelve pence and no more.

XXVII. And he it further Enacted hy the Authority aforesaid.
That the chief justice for the time being, and other the justices of
the said court of king's bench, or any two of them, whereof the
said chief justice shall be one, shall, or may by one or more com-
mission or commissions, under the seal of the said court, from time
to time, as need shall require, empower such and so many persons
as they shall think fit and necessary, in all and every the several dis-
tricts of this Province, to take and receive all and every recogniz-
ance or recognizances of bail or bails, as any person or persons shall
be willing or desirous to acknowledge, or make before any of the
persons so empowered, in any action or suit depending, or hereafter
to be depending in the said court, in such manner and form, and
by such recognizance or bail as the justices of the said court may
hereafter take, or may think fit; which said recognizance or recog-
nizances of bail, or bail-piece, so taken as aforesaid, shall be trans-
mitted to any one of the justices of the said court, who upon affidavit
made of the due taking of the recognizance of such bail, or bail-
piece, by some credible person, present at the taking thereof, such
justice shall receive the same; which recognizance of bail, or bail-
piece, so taken and transmitted, shall be of the like effect as if the
same were taken de bene esse, before any of the said justices ; for
the taking of which recognizance or recognizances of bail, or bail-
piece, the person or persons so empowered, shall receive only the
sum or fee of two shillings, and no more.

XXVIII. And he it further Enacted, That the justices, respec-
tively, shall make such rules and orders for the justifying of such
bails, and making of the same absolute, as to them shall seem meet,
so as the cognizor or cognizors of such bail or bails be not compelled
to appear in person in the said court, to justify him or themselves;
but the same may, and is hereby directed to be determined by affi-
davit or affidavits, duly taken before the said commissioners, who
are hereby empowered and required to take the same, and also to
be examined by the justices upon oath, touching the value of their
respective estates.

XXIX. And he it further Enacted, That any judge of assize, in
his circuit, shall and may take and receive all and every such recog-
nizance or recognizances of bail or bails, as any person shall be
willing and desirous to make and acknowledge before him, which
being transmitted in like manner as aforesaid, shall, without oath
be received in manner as aforesaid.

XXX. And he it further Enacted, That the several Acts and
Ordinances of the governor and council, of the late Province of
Quehec, whereby the several courts of common pleas in this Pro-
vince were constituted, and from time to time continued, be, and
each and every of them are hereby repealed.^

XXXI. And he it further Enacted, That all proceedings upon
actions, instituted and pending in any of the late courts of common

1. See page 146, note 2, and also sections XXXVIII. to XLII. of the
Judicature Act of Lower Canada, page 143.

CONSTITUTIONAL DOCUMENTS 155

SESSIONAL PAPER No. 29c

pleas in this Province, shall forthwith be transmitted into the said
court of king's bench, there to be continued to judgment and exe-
cution, as if the same had been commenced in the said court, for
which purpose it shall and may be lawful for the governor, lieuten-
ant governor, or person administering the government of this Pro-
vince, to issue a commission for the trial of all issues that may be
joined in any of the said courts in their respective districts, and to
direct that the records thereof be returned into the said court of
king's bench.

XXXII. And he it further Enacted, That all and singular the The records

records of the several courts of common pleas for the Eastern dis- ° .^ f"^

. . ocmrts 01 ooiti-

trict, for the Midland district, for the Home district, and for the moii pleas to

Western district of this Province, respectively, shall be transmitted t)e deposited in

to, and deposited in the said court of king's bench, and make a v;*„^'^^^^,-,^f,
part of the records of the said court, for all such purposes as to law
and justice may appertain.

king's bene];

XXXIII. And he it further Enacted, That the governor, lieuten- Court of
ant governor, or person administering the government of this Pro- ^PF^^'ls.
vince, or the chief justice of the Province, together with any two or •
more members of the executive council of the Province, shall com-

l)ose a court of appeal, for hearing and determining all appeals
from such judgments or sentences as may lawfully be brought before
them.^

XXXIV. Provided always, and he it further Enacted, That when The judges
any person having given the judgment or sentence appealed from, below if mem-
ehall be a member of the court of appeal, it shall and may be law- ecurt^of Appeal
f ul for him to assign to the said court his reasons for delivering may assign
such judgment, in case he shall be so disposed, but he shall not be 'j^^^^" reasons,

at liberty to give his vote in the decision of the question, before the f;h,eip votlis^[n
court. , appeal.

XXXV. And he it further Enacted, That an appeal shall lie to Limitation of
the court of the governor and executive council, from all judgments ^^*^ *"
given in the said court of king's bench, in all cases where the

matter in controversy shall exceed the sum of one hundred pounds,

or shall relate to the taking of any annual or other rent, customary

or other duty, fee, or any other such like demand, of a general and

public nature, affecting future rights, of what value or amount

soever the same may be, upon proper security being given by the

appellant that he will effectually prosecute his appeal and answer

the condemnation, and also pay such costs and damages as shall be „ •, , i.

11- 1-1 , 1 J x- 1- 11 u otcurnty to be

awarded in case the judgment or sentence appealed irom snail be given

affirmed, and that upon the perfecting such security, execution shall

be stayed in the original cause.

XXXVI. And he it further Enacted hy the Authority aforesaid,^ Cases of appeal
That the judgment of the said court of appeal shall be final, in all in^ou^cil^'^
cases where the matter in controversy shall not exceed the sum or

value of five hundred pounds sterling, but in cases exceeding that
amount, as well as in all cases, where the matter in question shall

1. For the constitution of the Court of Appeal of Lower Canada, see
p?ge 14. The constitution of the previously existing Court of Appeal is
to be found in Section XXXI V of the Constitutional Act.

156

CANADIAN ARCHIVES

Security to be
given.

Provision for
rt^moving the
court of
king's bench to
another place
of holding the

Fees.

Increased fees
allowed to
his Majesty's
atitorney general.

4 GEORGE v., A. 1914

relate to the taking of any annual or other rent, customary or other
duty, or fee, or any other such like demand of a general and public
nature, affecting future rights, of what value or amount soever the
same may be, an appeal may lie to his Majesty, in his privy coun-
cil, upon proper security being given by the appellant that he will
effectually prosecute his appeal, and answer the condemnation, and
also pay such costs and damages as shall be awarded by his Majesty,
in his privy council, in case the judgment of the said court of gover-
nor and executive council, or court of appeals shall be affirmed : and
upon the perfecting of such security, execution of the said judgment
shall be stayed, until the final determination of such appeal to the
King in council.

Provided always, and he it further Enacted, That in time of
actual war, and when there may be reason to suspect an invasion
of the Province from the King's enemies, it shall and may be law-
ful for the governor, lieutenant governor, or person administering
the government, by and with the advice and consent of the executive
council, to issue his proclamation to remove the place of holding
the said court, and to appoint and make known such other place,
within the limits of the Province, as shall be deemed most safe and
convenient for holding the same.

XXXVII. And he it further Eiiacted hy the Authority aforesaid.
That it shall and may be lawful for the persons herein after men-
tioned, to demand and take the following fees, and no more, for the
services respectively set forth,

XXXVIII. Provided always, That it shall and may be lawful
for his Majesty's attorney general to demand and receive his fees
in the increased proportion of one third, to the following table, to
wit:^

s. d.
Takinsr in^^ructi'^ns tn pr( secure or defend, with warrant "f

■ attorney, 5 .0

For drawing declaration 5 0

Copy of the same, 2 6 •

Enterinsr common appearance with clerk, 10

Pleading general issue, 3 0

Special plea, reidication, or other pleading, 10 0

Copy of the same, 3 0

Drawing affidavit, 5 0

Notice of trial and all other notices, 2 6

Every subpoena 1 0

Every motion of course 5 0

Every special motion^ 7 6

Preparing brief of facts, 10 0

Arguing demurer 10 0

Fee with brief in matters under £3fr -10s. above

Eery necessary attendance at the office, or on adverse party, 1 0

Attending to strike special jury, 7 6

Attending taxation of costs, 5 0

Fees to be tuken by the Clerk of the King's Bench in Civil Causes-.

z. d.

For sealing, entering and filing every writ or precipe,.. .. 2 0

For entering appearance, 1 0

Drawing every order or rule of court, 2 0

1. In 1804, this table of fees was abolished and the Court of King's
Bench vas authorized to declare the fees to be taken for any process be-
fore the court. See 44 Geo. Ill, c. III. This Act of 1804 was in turn
repealed by the 50th of Geo. Ill, c. IX.

■■^-

CONSTITUTIONAL DOCUMENTS 157

SESSIONAL PAPER No. 29c

s. d.

FilinK every declaration, plea, demurrer, or any pleading

or paper .... 20

Attending and striking of special jur.y, with copies to each

party, 5 0

Every recognizance entered in court 5 0

Drawing every postea and judgment, 13 4

W^rit of execution, 5 0

Exemplification and copies of all records, for each sheet con-
taining 72 words, 1 0

Searching records for any one year 10

General search. 2 6

Entering satisfaction on record, 2 fi

Writ of execxition, possession, restitution, 5 0

MARSHALL.

s. d.

Entry of every cause, 2 6

Drawing the jury, 2 6

Entry of verdict, 2 G

CRIER.

s. d.

Calling and swearing each jury, 2 0

Calling Plaintiff on nonsuit, 1 0

Proclamation calling any party on recognizance, 1 0

SHERIFF.

s. d.

Serving a writ, 2 6

Arrest, 5 0

Bail Bond, 5 0

Poundage ou execution, 0 6

When for a sum exceeding £100, 0 3

Service of writ of possession, or restitution, 10 0

Bringing up prisoner by habeas corpus, in civil cause.. .. 12 0

Travelling per mile, 0 6

Executing writ of enquiry, summoning jury, and return of

inquisition, 10 0

Attending view per diem 15 0

158

CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Preamble.

E'stabldsliment
and jiirisdietioa
of it he district
courts.

Terms, or
periods of
sitting th?T6of.

AN ACT ESTABLISHING DISTRICT COURTS IN UPPER

CANADA THIRTY-FOUR GEORGE THE

THIRD CHAPTER III.^

AN ACT TO ESTABLISH A COURT FOR THE COGNIZANCE OF SMALL CAUSES
IN EACH AND EVERY DISTRICT OF THIS PROVINCE.

FOR the more convenient administration of justice in small
causes, in each district of this Province; Be it enacted by the
King's most excellent Majesty, by and with the advice and consent
of the Legislative Council and Assembly of the Province of Upper
Canada, constituted and assembled, by virtue of, and under the
authority of an Act passed in the Parliament of Great Britain,
intituled an Act to repeal certain parts of an Act passed in the
fourteenth year of his Majesty's reign, intituled, " An Act for
" making more effectual provision for the government of the Pro-
" vince of Quebec in North America, and to make further provision
" for the government of the said Province," and by the authority of
the same. That there be constituted and established, and there is
hereby constituted and established, in each and every district," a
-court which shall have cognizance in all actions of contract, for
sums above forty shillings, not exceeding the sum of fifteen pounds,^
to be known by the name and style of the District Court, of each
respective district, and shall be holden by one or more judge or
judges, to be appointed by commission, under the great seal of the
Province.

II. And for the regular despatch of business, Be it further
Enacted, That there be appointed four periods of sitting, or terms
for the said court, in each and every year, which terms shall sever-
ally commence on the Monday in the week next but one preceding
the week in which the Quarter Sessions are respectively hohlen,
in each district, and shall end on the Saturday in the same week,
which courts shall be severally holden in the respective tovrn, town-
ship or place wherein the court-house for the district is directed to
be built,* excepting in the Western district, where the said court
shall be holden in the town of Detroit.^

1. From The Statutes of His Majesty's Province of Upper Canada,
edition of 1802.

2. S?« page 146. note 2.

3 By tlie Act 37 Geo. Ill, chap. VI, the jurisdiction of the District
Court was extended from fifteen pounds to forty pounds in actions for the
recovery of deb<"s where he amount was already ascertained. The court
was given cognizance of questions of property in personal chattels where
the claim did not exceed fifteen pounds and was also authorized to award
damages to fhe same amount in cases of trespass where titles to lands or
future rights were not concerned.

4. The Act 32 Geo. Ill, chap. 8, fixed the location of the various
courthouses. For the Eastern district the courthouse was to be at New-
Johnstown, in the Township of Edwardsburg, near the modern town of
Prescott, for the Midland district at Kingston, and for the Home district
at Newark.

5. The town of Detroit was restored to the United States later in the
year 1794. Consequently the part of Article II. relating to the Western
district was repealed by the Act of 1796, chap. 4, by which provision was
made for the transfer of British administration and judicial offices to the
town of Sandwich.

^ CONSTITUTIONAL DOCUMENTS 159

SESSIONAL PAPER No. 29c

III. And he it further 'Enacted ty the Authority aforesaid, That Course of
the course of proceeding in the said court shall be by summons, issu- P'oceeding
ing in the King's name, returnable on some day in the said term,

and bearing teste in the name of the first judge of the court, which
may be in the following form:

'\ GEORGE the Third, by the grace of God, of Great ^^.Tm of
UiSTRTCT {.j^j-ifaln, France and Ireland, King, Defender of the Summons.
to wit ^paith, and so forth, &c.

To A. B. Greeting.

We command you, that you do either in person or by your
attorney appear at our District Court to be holden at
on the day of to answer the

complaint of C. D. in a plea of contract, whereby you have promised
to pay him the sum of £. for (the consideration) and

which you refuse to pay him as he says: witness E. F. judge of the
said court, this day of in the

year

IV. And he it further Enacted, That the said process shall be g^j.^,^ ^f
served on the defendant or defendants by a literate person at least such process,
eight days before the return thereof, and in case the said defendant

or defendants shall not appear in court either in person, or by

attorney, on the return of the process, it shall and may be lawful

for the said plaintiff or his attorney, on the day next after such

return day, upon affidavit made of the service of such process, to . ,

enter an appearance for such defendant or defendants, and on the piaintifi in

day next after the entry of such appearance, in case the defendant default of

shall not have appeared and discharged the costs of such entry defendant.

either in person or by attorney, it shall and may be lawful for the

plaintiff to sign judgment, and sue out a writ of inquiry of damages,

directed to the sheriff of the district, to be executed on some given

day, in the covirse of the week in which the quarter sessions are

holden next ensuing, and returnable the first day of the following

. writ of

''®"^* enquiry.

V. And he it further Enacted hy the Autherity aforesaid. That

it shall and may be lawful for the defendant or defendants, his or and plea^of
their attorney, to appear on "the return day of the writ, and file his defendant.
plea, on or before the third day after such, appearance, which, in
case he means to defend the suit and to plead the general issue,
may be in the following form ; " The said C. D. appears in person Judgment
" or by G. H. his attorney, an J says he made no such promise ; " and in default of
in default of a plea, upon the third dny after such appearance, it ^ ^ ^'
shall and may be lawful for the plaintiff to sign judgment.

VI. Provided always. That where there are mutual debts ^ ^^j^ ^g
between plaintiff and defendant, or if either sue or be sued, as execu- admisisible. m\
toi or administrator, when there are mutual debts between testator ^"^ notice.

and intestate and the other party, one debt may be set against
the other, and such matter may be given in evidence on the general
issue, so as at the time of pleading the general issue, when any
such debt is to be insisted on in evidence, notice be given of the
particular sum or debt so intended to be insisted on, and on what
account it became due.

160

CAXADIAX AliCHITES

On m-otion,
duly supported,
ithe court may
granit further
time to plead.

Notice of trial
& countermand
thereof.

Provisions in
case of not
bringing the
issue to trial,
after having
given notice, and
no counitermajid.

Manner, time
& plaoe of
summoning
jurors to try
the dssfues, and
to execute
writs of
iiiquiry.

Fee for each
juror.

Final judgment
and execution.

'Motion in
arrest of judg-
ment, or for a
new trial.

4 GEORGE v., A. 1914

VII. And he it further Enacted by the Authority aforesaid, That
in all cases where the defendant or defendants shall enter, or cause
his or their appearance to be entered at the return of tlie writ, it
shall and may be lawful for him or them, on motion made in court,
to be supported by affidavit, to apply for further time to put in
their plea, which motion the court shall be at liberty to grant, where
sufficient cause shall be shewn, and also to impose such terms on the
defendant as justice may require.

VIII. And he it further Enacted, That four days notice of trial
shall be given to the defendant or defendants of every issue to be
joined in the said court, which notice may be lawfully counter-
manded, provided such countermand be served on the defendant or
his attorney two days before the expiration of the notice.

IX. Provided always, and he it further Enacted, That when the
plaintiff having given notice of trial, and not having counter-
manded the same within the time aforesaid, shall neglect to enter
the cause and bring forward the said issue for trial, he shall pay
to the defendant or defendants all reasonable costs and charges by
him incurred on account of such notice; and in case the said plain-
tiff shall not give fresh notice of the trial of the said issue, on or
before the third day of the term next ensuing, it shall and may be
lawful for the defendant to move for, and the court to give the like
judgment as in case of a non-suit.

X. And to the end that the trial of all issues to be joined in the
said court, as well as the execution of all writs of inquiry, to be sued
out upon judgments obtained by default, as aforesaid, may be had at
the most convenient time and place, it shall and may be lawful for
the judge presiding in the said court, to issue his precept to the
sheriff of the district, at least seven days before the week in which
the sessions are holden, requiring him to summon, and the said
sheriff shall, and is herebj^ required upon receipt of such precept,
to summon not less than thirty-six, nor more than forty-eight jurors,
living within the said district, to be and appear in the town or place
where the quarter sessions are usually holden, on the same day on
which the said sessions do severally commence to be holden, from
whom a jury shall be taken for the trial of each issue, in like
manner as directed in all causes to be tried at nisi prius;^ and each
person sworn for the trial of any issue joined, shall be intituled to
receive six-pence and no more.

XI. And he it Enacted, That in all cases when the verdict of
the jurors shall be for the plaintiff, it shall and may be lawful for
the plaintiff or his attorney to sign judgment on the third day of
the term next after the giving of the said verdict, and to proceed
to sue out execution immediately.

XII. Provided always, That when the party defendant shall
have any material or just cause to shew why judgment should bel
arrested, or a new trial had, it shall and may be lawful for him,
either in person or by attorney, on the first or second day of the

1. The procedure in the selection of jurors was determined by the
Act 34 Geo. III. c. I.

CONSTITUTIONAL DOCUMENTS

161

SESSIONAL PAPER No. 29c

term, next ensuing the said verdict, to move the court, on grounds
to be supported by affidavit, for a rule to shew cause to the effect
abovementioned ; and in case "the court shall see sufficient grounds
for the granting of such rule, notice thereof shall be served on
the party plaintiff or his attorney, and on hearing the parties, the
said rule shall be made absolute or discharged in the course of the
said term.

XIII. And he it further Enacted hy the Authority aforesaid, ^^
That it shall and may be lawful for the persons herein after named
to demand and received the following fees and no more, for the
service herein after set forth:

ATTORNEY.

s. d. Attorney's

Instructions to sue or defend, 5 0

Declaration, 4 0

Plea, 2 6

Entering appearance by the plaintiff, 2 6

Notice, 1 0

Motion of course, 2 6

Special motion 5 0

Brief and fee thereon, 10 0

SHERIFF.

s. a.

For every jury sworn, 4 0 Sherifi's.

Every execution, 5 0

Poundage, 2^ per cent.
Milage, 4 pence per mile.

CLERK.

s. d.

For filing declaration, 2 0

For filing each paper, 10

Taking verdict, 2 6

Entering postea and judgment, 2 6

CRIER.

s. d.
For swearing jury, 1 0

JUDGE.

S. d.

On every declaration filed, 2 6

Eule of court on all special motions, 5 0

For signing judgment, 10 0

Clerk's.

Crier's.

Judge's.

29c— 11

162 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

PKOCEEDINGS OF THE LEGISLATIVE ASSEMBLY, LOWER CAXADA,
ON THE QUESTION OF PRIVILEGE.^

JOURNAL OF ASSEMBLY, WEDNESDAY, 27tH NOVEMBER, 1793.

Mr. Speaker informed the House, that he had received a letter on Monday last,
immediately after the adjournment of the House, from John Young^ Esquire a Mem-
ber thereof, which he now thought proper to communicate to the House for its con-
sideration.

The said letter was then read throughout in both languages by the Clerk at the
table.

Ordered, that the same be entered in the Journals.

And the said letter is in the words following:

Quebec, Monday morning, 25th Novemher, 1793.
Mr. Speaker,

At the opening of the present Legislature, you in the name of the House of
Assembly claimed such privileges and liberties as are enjoyed by the Commons of
Great Britain,^ and His Majesty by his Representative, having recognized the enjoy-
ment of all just rights and lawful privileges, I think it necessary to inform you that
on Saturday afternoon the Sheriff of the District of Quebec by one of his Ofl&cers
whose name I know not, arrested my person upon a Writ of Capias ad responden-
dum sued out of the Court of Common Pleas on the 23d instant by James Hunt of
Quebec, Ironmonger, upon a declaration signed by J. A. Fanei"^ Advocate.

1. From the Journal of the House of Assembly for Lower Canada, for the year 1793.

2. Mr. John Young was a prominent merchant in the city of Quebec. He was elected
to the first Assembly of Lower Canada for the Lower Town of Quebec, and was returned to
the three succeeding Parliaments. In 1794, he was appointed an honorary member of the
Executive Council and in 1808 was admitted as a regular member of the Council. He was
selected by Sir Robert Milnes in 1799 as chairman of a commission for the regulation of
pilots and was instrumental in securing the incorporation of the Trinity House of Quebec
of which he became the first Master in 1805. From 1814 until 1817, Mr. Youn? was absent
from the country. On his return he resumed his duties as a member of the Executive
Council and served as chairman of the committee for auditing the public accounts of the
Province. He died September 14, 1819.

3. Immediately after his election as speaker of the House of Assembly had begn
approved by the Lieutenant Governor, Mr. Panet laid claim, on behalf of the Assembly, to
" the freedom of speech, and generally all the like privileges and liberties as are enjoyed by
the Commons of Great Britain our Mother Country.'^ To this request the Lieutenant Governor
replied " The House may depend on being allowed the full exercise and enjoyment of all
just Rights and Lawful Privileges." (Journals of Assembly, Lower Canada, 1792, pages 20
and 22). From the beginning the represeniative of the Crown was careful to guard against
admitting the right of the House of Assembly to exercise the same privileges as were enjoyed
by the House of Commons. The opinion of the Law Officers of the Crown on the privileges
of a colonial legislature may be found at page 480.

4. J. A. Panet, one of the leading advocates of Quebec, was elected to represent the
Upper Town in the first Legislature, and on the assembling of Parliament was chosen Speaker
of the House. In January, 1794, he was appointed a justice of the Court of Common Pleas
and though continuing as a member of the House of Assembly, resigned from the office of
Speftker. When, under the new judicial system it was decided that Mr. Panet should be
transferred to the court of King's Bench for the district of Montreal he declined the appoint-
ment and retired from the Bench. He was re-elected to the second Parliament and a^ain
chosen Speaker, a position which he filled until the close of the seventh Parliament in 1814.
In 1812, he declined the offer of the office of Advocate General of the Province which bad been
tendered him by Sir George Prevost. In January, 1815, he Mas called to the Legislativb
Council. He died at Quebec in May of the same year.

tf

CONSTITUTIONAL DOCUMENTS 163

SESSIONAL PAPER No. 29c

As a private individual and a Merchant it is of no moment to me, who they are,
that shall think proper in that way to bring an action at Law on any of my trans-
actions, and as was my duty I submitted to the arrest and gave bail, but in my public
character as a Member of the House of Assembly, it is also my duty to inform the
House of this contempt and infraction of their privileges.

The immediate departure of the ship in which I have taken my passage under
leave from the House, prevents me from doing so in my place, as was my intention;
and I have therefore to request of you to lay this information before the House, in
whose hands according to the Constitution is lodged the vindication of their own
rights, that the House may have a knowledge of the insult offered to them through me,
and be enabled to take such measures as they shall see expedient to punish such a
violation of their Constitutional privileges.

I have the honor to be

Sir, your most obedient and most humble Servt.

John Young.
J. A. Panel, Esquire,

Speaker of the House of Assembly.

.1

Upon motion of Mr. Richardson, seconded by Mr. Lester,

Ordered, that the House do now resolve itself into a Committee of privileges of
the whole House, to take into consideration the letter of John Young Esquire, a
Member of this House, to Mr. Speaker by him just communicated.

Resolved, in concurrence with the Committee of the whole House that a Com-
mittee be named of nine Members, three of whom to form a Quorum, with power tO'
send for such persons and papers as they may find necessary; to search in the Journals
of the Commons of Great Britain, for cases as similar as possible to the present ques-
tion of arresi, upon a Writ of Capias ad respondendum by the Sheriffs OfEcer of the
District of Quebec of the person of John Young Esquire, one of the Members of the
Assembly of the Province of Lower Canada; and also to report their opinion on the
complaint of a breach of the privileges of the House in the person of the said John
Young Esquire, as stated in his letter dated the 25th November instant, addressed to
J. A. Panet Esquire, Speaker of the House of Assembly, and referred to the consid-
eration of the Committee of the whole House.

JOURNAL OF ASSEMBLY, WEDNESDAY, 18 DECEMBER, 1T93.

Mr. Cofiln, Chairman of the Select Committee to whom it was referred, to search
in the Journals of the Commons of Great Britain, for cases as similar as possible to
the arrest upon a Writ of Capias ad respondendum by the Sheriff's officer of the Dis-
trict of Quebec of the person of John Young, Esq. one of the Members of this Assembly,
and report the same to the House — And also to report their opinion on a complaint of
a breach of the privileges of the House, in the person of the said John Young, Esq.
reported that the Committee had carefully examined, and maturely considered the
matter in reference, had selected some cases from the Journals of the House of Com-
mons of Great Britain, and after due deliberation upon the whole, had come to several
resolutions thereon, which he was ready to report to the House when it should be
pleased to receive the same.

Ordered, that the report be now received.

And he read the report in his place in both languages, and having delivered in the
same at the table, it was again read once throughout in French and in English by the
Clerk.

The Resolutions contained in the said Report are as followeth :

29c— llj

164 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Resolved, that it is the opinion of this Committee, that the person of John
Young, Esq. a Member of Assembly, was arrested on the 23d day of November last,
in direct violation of the undoubted rights and privileges of this House.^

Resolved, that it is the opinion of this Committee, that James Hunt of Quehec,
Ironmonger, by instituting a suit whereby the person of John' Young, Esquire, a
Member of Assembly, was arrested on the twentythird day of November last; is
thereby guilty of a breach of the privileges of this House.^

Resolved, that it is the opinion of this Committee that J. A. Panet, Esquire, of
Quebec, Advocate, Speaker of the House of Assembly, by suing out as Advocate for
the said James Hunt, the Writ by virtue of which the person of John Young,
Esquire, a Member of Assembly, was arrested on the twenty-third day of November^
last, is thereby guilty of a breach of the privileges of this House.

Resulved, that it is the opinion of this Committee, that James Shepherd Esquire,
Sheriff of the District of Quebec, in having given a deputation to Phillip Hooper,
Bailiff, whereby the body of John Young, Esquire, a Member of Assembly, was
arrested, and then brought before him the twenty-third day of November last, when
the said John Young, Esquire, was held to bail, and which still continues undis-
charged; is thereby guilty of a breach of the privileges of this House.

Resolved, that it is the opinion of this Committee, that Phillip Hooper Bailiff
in serving the Writ whereby the person of John Young, Esquire, a Member of Assem-
bly was arrested on the twenty-third day of November last; is thereby guilty of a
breach of the privileges of this House.*

JOURNAL OF ASSEMBLY, THURSDAY, 9tH JANUARY, 1794.

Mr. Speaker put the following question to the House. — " Whether it he the
"pleasure of this Honorable House that he be permitted to declare and cause to he
" inserted in the Journals, his Apology and Submission to the said resolution of this
"Hous'', concerning the arrest of John Young, Esq.?"

Which passing unanimously in the affirmative, Mr. Speaker read the following
declaration in both languages, videlicet.

As the Honorable House have judged necessary to resolve, that I am guilty of
a breach of its privileges in regard to the arrest of John Young, Esquire, one of its
Members, I consider it to be my duty to submit personally to the resolution of the
majority of this House; and at same time to express with candour, what I have
voluntarily said and repeated in the Committee and in the House, that I had not any
intention in the charge I undertook as Advocate for James Hunt, in the action which
he instituted against John Young, Esquire, to infringe or violate the privileges of
this House, but that I conceived in the month of November last that the Laws of this
Country authorised the arrest. I yesterday offered to explain myself to this House
more clearly on what then induced me to act as an Advocate, but that being dispensed
with, I hope this Honorable House will accept this apology and excuse me, if in the
commencement of such a Constitution as ours, my opinions in Law as an Advocate
have not had the good fortune to meet those of the majority of this Honorable House;

1. The consideration of the report of the Select Committee was referred to a committee
of the whole House which reported January 7th, 1794. The House of Assembly concurred in
the first resolution by a vote of 19 to 8.

2. On the 8th of January, the House concurred in the second resolution by a vote of
18 to 12.

3. The third resolution caused a long debate. The Speaker was reftised permission to
declare or to insert in the Journals of the House the motives which induced him to act as
advocate for Mr. Hunt in his suit against Mr. Yoiang. The resolution of the committee W(as
then adopted by a vote of 15 to 12. (See Journals of Assembly, January 8th, pp. 88 to 92.)

4. The fourth and fifth resolutions of the Select Committee were defeated by one vote
in the committee of the whole House. They were, however, brought before the Assembly
and were adopted on a division of 14 to 11. (Journals of Assembly, p. 92.)

CONSTITUTIONAL DOCUMENTS 165

SESSIONAL PAPER No. 29c

the error was involuntary, it is established by the resolution of thi& House, I sub-
mit to its resolve, and as a further proof of which, I declare, that this morning I filed
in the Court of Common pleas of Quebec a petition, of which I now produce a Copy,
to have leave to desist from prosecuting as Advocate the Cause in Court, until that .
the arrest of John Young, Esquire, or his Special Bail be discharged.

(Signed) J. A. Panet.

9th January, 1794.

Upon motion of Mr. De Bonne, seconded by Mr, Lester,

Resolved, that the apology and declaration just made by Mr. Speaker are suf-
ficient and satisfactory to this House, and that in consequence no further proceedings
be taken on the third resolution of this House which concerns him.

JOURNAL OF ASSEMBLY, FEIDAY, IOtH JANUARY^ 1794.

Ordered, that James Hunt, of the city of Quebec Ironmonger be, (for the breach
by him committed of the privileges of this ■ House, in instituting a suit whereby the
person of John Young, Esquire, a Member of Assembly was arrested on the twenty-
third day of November last) taken into the custody of the Serjeant at Arms attending
this House, there to remain till he has caused the Bail given by the said John Young,
Esquire, in the aforesaid suit to be discharged; and further, till he has made satisfac-
tion to this House for the said Breach of the Privileges thereof : and that Mr. Speaker
do issue his Warrant accordingly.

JOURNAL 'OF ASSEMBLY^ MONDAY, 13tH JANUARY, 1794.

Ordered, that James Shepherd Esquire be informed by the Serjeant at Arras,
without the Mace, that he may present himself at the Bar of this House; where stand-
ing up, and the Assembly in silence, the Mace upon the table, Mr. Speaker shall
tell Mr. Shepherd that the House having been informed that he desired to be admitted
to make his apology, the House had ordered him to be admitted according to his
desire, and were ready to hear him now: Mr, Shepherd having finished his apology,
Mr. Speaker will tell him that he may retire.

Mr. Shepherd having apologized, Mr. Speaker told him that he might retire — and
being retired.

Resolved, that James Shepherd, Esquire, Sheriff of the District of Quebec, has
raade satisfaction to this House for the breach of the Privileges thereof by him com-
mitted; and that no further proceedings be had on the resolution regarding him.^

1. On the following day a similar resolution -was passed concernin<? Philip Hooper,
Bailiff, who had previously made his apology before the House.

166 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

RIGHT TO OEIGINATE LEGISLATION INFLICTING PECUNIAEY
PENALTIES, LOWER CANADA.

JOURNAL OF ASSEMBLY, FRIDAY, 5tH APRIL, 1793.

Mr. Grant moved that the Bill intitled "An Act to provide Returning Officers
on Writs of Election for Knights, Citizens, and Burgesses in Assembly,"^ be now
read the second time.

Seconded by Mr. McBeath.

Agreed to unanimously, and the same was read a second time in english, with
a translation thereof in french.

Then Mr. Lees moved, that the Bill from the Honorable the Legislative Council
now read, entitled " An Act to provide Returning Officers on Writs of Election for
" Knights, Citizens and Burgesses in Assembly " be laid aside, as ii tends to lay a
charge on the people (by imposing jpecuniary penalties) it being a privilege inherent
to this House that Bills of that nature ought to be first considered here.

Seconded by Mr. Ve Bochehlave.

Debates ensued, and

It was accordingly

Ordered, that the Bill from the Honorable the Legislative Council now read,
entitled "An Act to provide Returning Officers on Writs of Election for Knights,
" Citizens and Burgesses in Assembly " be laid aside, as it tends to lay a charge on
the people, (by imposing pecuniary penalties) it being the privilege of this House,
that Bills of that nature ought to be first considered here.

JOURNAL OF THE LEGISLATIVE C0UNCIL.2

33 Georgii IIL 1793.

Saturday, 27th April.

The House adjourned during pleasure and was put into committee of the Whole
House upon the Bill entitled " An Act to provide Returning Officers for Knights,
" Citizens and Burgesses to serve in Assembly."

After some time the House was resumed and M' Einlay reported from the Com-
mittee of the Whole House That the Committee perceive nothing exceptionable in the
Matter of the Bill which is similar to a part of a Bill for like purposes early in the Ses-
sion sent down from this House to the Assembly.

That the Committee are at a loss for the motives of that House for originating a
new Bill in stead of sending up amendments to the Bill offered for the concurrence

1. Early in the first session of the Parliament of Lower Canada a Bill was introduced
in the Legislative Coimcil providing for the appointment of returning officers and imposing
certain penalties for neglect of the duties set forth. The Bill was passed by the Council and
received by the Assembly on March 4th, 1793. As here indicated, on the second reading it
was laid aside by the Assembly. A committee of the Assembly prepared a new Bill similar
to the first which was passed by the Assembly and sent to the Legislative Council. The con-
sideration of this second Bill by the Council is given in the Journal for April 27, 1793.

2. From the copy of the Journal of the Legislative Council, Lower Canada, 1793. Cau-
dian Archives, Q. 63. pt. 2, page 442.

COIfSTITUTIO'NAL DOCUMENTS 167

SESSIONAL PAPER No. 29c

of the Assembly and hope it is ^ot imputable to the Denial of a Right in this House to
originate Bills with pecuniary penalties.

That the Committee are not unapprised of the instances in the British Parlia-
ment of substituting one Bill for another of similar import but conceive when it is
done the practice stands in Parliament upon strong ground and peculiar considerations.
The ordinaiy course of fair Legislation requiring that each House should have the
credit of what they respectively devise for the public benefit — and consequently that
Bills only appjoved in- part should be concurred in with amendments.

That if there is colour for supposing the Assembly to have originated the present
Bill upon an exclusive claim to the infliction of pecuniary penalties it is doubly
exceptionable, that claim having been never ceded by the Upper House in Parliament
and tho' asserted by the Commons in some instances in others given up.

That it will become the Legislative Council to follow the example of the Lords in
Parliament and while they yield to the Assembly the claim to originate all Bills of aid
and Supply and general charge upon the people only in the House of Assembly to
Maintain the claim of this House to interfere in the imposition of Penalties in all
other Bills : a Law without Sanctions amounting to nothing more than a naked opinion
or advice.

The Committee are nevertheless against retarding the present Bill in committ-
ment and for reserving the claims of this House to a future occasion, if that ever shall
occur and this on the ground of the urgent necessity of the Provision this Bill is to
make the novelty of the Constitution happily erected here and the advanced Season of
the year leaving upon our Journals a Protestation to estop all pretext for any conclu-
sion of a cession by us of the right of this House to imitate the Lords in Parliament
in all cases essential to a safe and effectual Legislation and which our local circum-
stances will permit or require for the common good of this Branch of the British
Empire.

The House concurred with the Committee in their Report.

JOURNAL OF ASSEMBLY^ WEDNESDAY, 18tH FEBRUARY, 1795.^

The order of the day for the House to resolve itself into a committee of the whole
House, to consider whether it is expedient for this House to proceed upon Bills origina-
ting in the Legislative Council, that do or shall contain pecuniary penalties or for-
feitures; or upon amendments that by them shall be made to Bills from this House,
when such amendments shall be to insert pecuniary penalties or forfeitures; or to
alter those inserted by this House, being read:

The House resolved itself into the said Committee.

Mr. Speaker left the Chair,

Mr. McNider took the Chair of the Committee;

Mr. Speaker resumed the Chair,

And Mr. McNider reported, that the Committee had come to a resolution on the
subjer>t in reference, which they had directed him to report to the House, whenever
it should be pleased to receive the same.

Ordered that the report be now received.

And he read the report in his place, and delivered the same in at the table, where
it was read once throughout by the Clerk; and the resolution contained in the said
report is a= follows :

1. From the Journal of the "Bouse of Assembly of Lower Canada for 1795.

The issue between the Legislative Coiinoil stkI Assemhly had heen referred to Mr. Dundas
by Lord Dorchester in his despatch No. 15 of .Tannary 20th, 1794., (Canadian Archives, Q 67,
p. 60). Mr. Dundas had replied supporting: the contention of the Le2:islative Council. (See
pag • 1"2J. Conseq;ie!itly in the session of 1795 the Assemhly formally withdrew the claims
which it had previously made.

168 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Resolved, that it is the opinion of this Committee, that in order to expedite the
business of the Legislature, the House should not insist on the privilege claimed and
exercised by them, of laying aside Bills sent from the Legislative Council, because
they impose pecuniary penalties; nor of laying aside amendments made by the
Legislative Council, because they introduce into or alter pecuniary penalties in Bills
sent to them from this House; provided that all such penalties thereby imposed, are
only to punish or prevent crimes and offences, and do not tend to lay a burthen on
the subject, either as aid and supply to His Majesty, or for any general or special
purposes, by rates, tolls, assessments or otherwise.

On motion of Mr. Bicliardson, seconded by Mr. Lees,

Resolved, that this House doth agree to the foregoing resolution.

DOECHESTER TO DUNDAS.^

Duplicate
]Sr° 12.

Quebec 31 December 1793.
Sir

The importance of our having for this Province a Chief Justice possessed of
Abilities, discretion, a disposition to promote the King's Service, and competent
legal knowledge, will immediately appear to you, and renders superfluous everything
I could say on the choice of a Person to fill up the Vacancy occasioned by the death
of M^ Smith.- But there is a circumstance not very conspicuous which heretofore
has had great influence on the Interests of the Crown in His Majesty's North
American Dominions ; I mean, what is called the Rights and Perquisites of Office, and
the great scope given, or supposed to have been given, on that head.

In the year Sixty Six, I found here the Salaries of the Civil Officers generally
very small, and some of them had none ; much discontent on account of the Fees
exacted, and the Attornies loudly complained of; these to excuse themselves told their
Clients, the Judges had a large share of what was paid. On enquiry I found, that
though the Scandal was great, the Profits to the Bench were small, and the Judges
readily gave up all Fees for a Compensation.^

At that time the Chief Justice had Six Hundred Pounds a Year, and the Judges
of the Common Pleas, One hundred and fifty each. I was the more anxious on
account of the Judges, as it appeared to me more essentially necessary they
should remain free from all Reproach; but at the same time there were Complaints
against every Office, and every Officer wished to derive his Income entirely from Salary;
in consequence of which a general increase of Salary was recommended.

This condition of things seemed to obtain much attention at home, from public
Motives; and to get clear of all difficulties at once, former Commissions were declared

1. Lord Dorchester returned to Canada in September, 1793, and took the oath of office
as Governor of the Province on October 3rd. This despatch is from the original copy in tho
Canadian Archives, Duplicate- Despatches, Lower Canada, 1793.

2. Mr. Smith's death occurred December 6th. See page 14, note 1.

3. The question of fees was one of the first to occupy the attention of Carleton on assum-
ing the government of Quebec in 1766. A list of fees to be taken by the various public officers
had been framed by the Legislative Council in June, 1765. (See Minutes of Council, June
20, Canadian Archives, State Book B, Quebec, p. 11.) Carleton's first step was to issue a
public advertisement in November, 1766, declaring his intention to relinquish all the fees per-
taining to his own office. (Canadian Archives, Q 3, pp. 411 and 414.) The situation was fully
discussed in his despatches to Lord Shelburne of May 14th, 1767, and of April 11th, 1768, in
the latter of which is given a complete list of fees required. (Canadian Archives, Q. 4, p. 173
and Q 5, pp. 441 and 445.) Again in 1775 Carleton endeavoured to secure a more satisfactory
regulation of fees but on account of opposition in the Legislative Council his efforts were un-
availing. By the Ordinance of 1783, Chap. 3, a new schedule of fees was adopted. In this
connection see Haldimand's despatch to Lord Germain of October 25th, 1780. (Constitutional
Documents, 1759-1791, Shortt and Doughty, 1907. p. 482.)

CONSTITUTIONAL DOCUMENTS 169

SESSIONAL PAPER No. 29c

iToid by the first Quebe'c Act; each Patentee had an Annuity from Government equal
to what his Deputy had paid him, and I think every Officer's Salary was consider-
ably augmented, except the Surveyor General's; that of the Chief Justice was raised
to Twelve Hundred, and those of the Judges of the Common Pleas to Pive hiondred
Pounds a year.

Notwithstanding this additional Expence, neither Government nor People foimd
all the Benefit which might have been expected : the Style of the new Commissions, as
of the old, authorized, Fees, Profits, Perquisites, Emoluments &c. &c. Gentlemen
came out much obliged to their Friends at home for good Places, and regarded
everyone as unfriendly and inimical who attempted or were disposed to controul
their Eights and Profits of Office : so that not long after this change, a Chief Justice
told me, his Commission authorized him to take Fees &c. and that no Person should
hinder him : I observed that the Officers of the Customs acted on the same Principle
some years before, and had their Salaries immediately reduced to their former stan-
dard. Fortunately, the Bench has hitherto continued free from that Keproach ; but to
secure it so, it is to be wished that the words appearing to authorize these demands
were left out of their Mandamus.

I do not mean indiscriminately to censure the taking of any Fees; some may be
even useful; still less would I appear to throw reproach on any Gentlemen in Office
the objection is not to Individuals, but to a System of Policy, which in the ordinary
course of Things, alienates every Servant of the Crown from whoever administers the
King's Government.

This Policy I consider as coeval with His Majesty's Governments in North
America, and the cause of their destruction.

As its object was not public but private advantage so this Principle was
pursued with diligence, extending itself unnoticed, till all authority and influence of
Government on the Continent was overcome, and the Governors reduced almost to
mere corresponding agents, unable to resist the pecuniary Speculations of Gentle-
men in Office, their Connexions, and Associates, or any enormity whatever.

It was not therefore surprising that this Phantom of an Executive Power should
be swept away at the first outset of a Political Storm.

Vices there were in the Constitution of their Governments, and frequent Errors
in the administration; but notwithstanding all these Errors and Defects, it was im-
possible but that, out of so many, one Governor at least might have been found
capable of making a struggle to preserve his Province for the Crown, if all Power
and Influence had not been previously taken away, and the imbridled Multitude
abandoned to Leaders of Rebellion who inflamed their Passions and played with our
Credulity till they acquired strength sufficient to stand forth in their proper Shape.

The Policy which lost those great Provinces cannot preserve these scattered and
broken Fragments which remain.

They had many additional Dangers to apprehend.

For the present I shall conclude with this observation that whatever tends to
enfeeble the Executive Power on this Continent, tends to sever it for ever from the
Crown of Great Britain.^

T am with great Pespect and Esteem
Sir
Your most obedient

humble Servant
The Right Hon^^ DORCHESTER.

Henry Dundas.

Endorsed : Quebec, 31^* Dec' 1793. Lord Dorchester, R/ 8^^ April, N° 12 (Duplicate)

1. The importaricp of preservins: the authority of the Governor is the siibject of a sep-
arate representation by Lor<l Dorchester. See page 184.

170 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

DORCHESTER TO DUNDAS/
X° 14— Duplicate

Quebec, 31 December 1793.
Sir,

The business of the Executive Council is very much increased and that board
is of considerable service in the administration of the King's Government in this
Province, but their numbers are unequal to what is required of them, so that allow-
ing for ordinary casualities it must frequently happen that their public business will
be at a stand for want of members sufficient. Of the nine who form that council-
one has never joined,^ one is vacant,* one sick^ and one has leave of absence on public
business,^ and of the five who remain three'^ live at Montreal, where besides being-
persons of consideration in their Country they are frequently useful in their capacity
of Executive Councillors, at present they are attending the Legislature, and two* live
at Quebec, so that as soon as the Assembly is prorogued two only will remain here.
It does not appear to me that less than thirteen can carry on that business without
frequent interruptions for want of a Quorum, and perhaps it might still be necessary
to allo^v a discretionary power to add temporary members or members without Salary,
when it becomes necessary by any extraordinary contingency.^ Sould this addition
of four Members be approved I should recommend P. A. DeBonne^" and A. J. Duches-
nay,^^ Canadian Gentlemen, John Lees'- and John Young/^ English Merchants all
of the Assembly.

I am with much respect and esteem.

Sir
The Riight Honorable| Your most obedient and

Henry Dundas f Most Humble Servant.

DORCHESTER

P.S.— I am to acknowledge the receipt of your letter of the 2* October, to
which due attention will be paid.

1. From the original copy in the Canadian Archives, Duplicate Despatches, Quebec, 1793.

2. The Council was originally composed of nine Members. (See the Instructions to Lord
Dorchester, Article 4, page 14.) The vacancy caused by the death of Adam Mabane in 1792,
had been filled by the appointment of James McGill.

3. Adam Lymburner did not apply for admission to the Council until 1799, when it was
refused on account of his absence from the province without the permission of the Governor.

4. This vacancy was caused by the death of Chief Justice Smith.

5. The reference is to Pierre Panet.

6. Hugh Finlav had been granted leave of absence in connection with the business of the
Postal Service.

7. Paul Roc de St. Ours, Joseph de Longueuil and James McGill resided at Montreal.

8. FranQois Baby and Thomas Dunn.

9- The appointment of honorary Members to the Executive Council had been suggested
by Mr. Monk in a letter to Evan Nepean of May 8th, 1793. (See Canadian Archives, Q 66,
page 300.)

10. Pierre Amable de Bonne had been commissioned as an advocate for the Province of
Quebec in 1780. In 1790, he was appointed Clerk for the adjustment of the Land KoU of the
Province. In 1790 and 1791, he acted as French Secretary and Translator to the Governor
and Council. He was elected to the first Assembly of Lower Canada for the County of Tork
and 1794 he was appointed a judge of the Court of Common Pleas. On the organization of
the Court of King's Bench he was appointed a justice for the district of Quebec. His appoint-
ment as an honorary member of the Executive Council was confirmed in 1794 and in 1802 he
was admitted as a regular member of the Council. The policy of permitting judges to sit
in the Legislative Assembly was an important issue during the administration of Sir James
Craig, and in 1810, Justice DeBonne was declared disqualified from sitting in the Assembly
by a resolution of the House. Two years later he resigned from the Court of King's Bench.
He died in September, 1816. For the proceedings relating to the disqualification of Mr.
DeBonne, see pages 370 and 371.

11. Antoine Juchereau Duchesnay, Seignior of Beauport, represented the county of Buck-
ingham in the Legislative Assembly. He had already been recommended by Lieutenant Gov-
ernor Clarke for a seat in tlie Legislative Council. He continued to act as an honorary mem-

CONSTITUTIOXAL BOCVMEH^'TS 171

SESSIONAL PAPER No. 29c

DUNDAS TO DOECHESTEE.^

The Et. Honb^« Whitehall IV-^ May 1794.

Lord Dorchester

My Lord^

I have received and laid before the King your Lordship's Letters numbered from
12, to 16, inclusive.

From your Lordship's judicious remarks contained in N° 12,^ respecting the Fees
and Perquisites of office, particularly as far as they regard Courts of Justice, I feel
great satisfaction in His Majesty's appointment of M'^ Osgoode^ to be Chief Justice of
Lower Canada as I am assured that in the person of that Gentleman, the Province is
sf-.cured from any such Pees or Perquisites being taken: I am equally well assured,
that there will be no Judge in the Court to be established under the new Judicature
Bill, which I trust is already passed, in favour of whom the same observation may not
be made. I observe that the Instruments appointing the Justices and Judges, in His
Majesty's Colonies & Plantations abroad, are precisely of the same tenor as those by
which the Welsh Judges are appointed in this Country and it should always be borne
in mind that no Instrument in mentioning Fees or Perquisites neither can nor does
thereby create any Fees or Perquisites, but simply warrants the receipt of such as
are bonafide, legal, and accustomed or ancient, and in lieu of which no comi)ensation
has been received. In the case of Judges I apprehend, those words more particularly
relate to those small Fees, or Perquisites to the inferior officers concerned in the
process and proceedings of the Court, and v/hich, it is the bounden duty of such Court,
and I am confident will be so considered, to render as reasonable, & as little burthen-
some to Suitors as possible.

When I consider the ample Salaries annexed to the Civil Appointments in Lower
Canada, and the number of those appointments, I perfectly coincide with your Lord-
ship in opinion, that it is highly expedient, that distinction should be made between
such Fees as are useful, have been legally authorized, have been at all times the same,
and never discontinued, and in lieu of which no additional Salary is expressed to have
been granted; and such as are in their nature oppressive, have not been regularly and
uniformly received, or in lieu of which additional Salaries, or other compensations have
been expressly granted. I should apprehend that Fees coming under this latter des-
cription cannot be warranted under the appointment of the persons receiving them,
and that your Lordship, as Governor, must in general have sufficient authority to
correct such abuses. And where it should be doubted, I have only to add, that your
Lordship's representation of any specific case of this nature will be properly attended
to here, to whatever department the consideration of it may belong.

In answer to your Lordship's Letter IS[° 4.* proposing to add four Members to
the Executive Council, to avoid any interruption of the Public Business, for want
of a Quorum, I cannot but be of opinion, considering the present expensive Civil

ber of the Executive Conncil until hrs death in December, 1806. His son A. L. J. Duchesiwiy
was likewise a member of the Legislative Assembly and was later appointed to both the Legis-
lature and Executive Councils.

12. .John Lees was at this time a member of the Assembly for the Borough of Thrfie
Rivers which he continued to represent during the first four Parliaments of the Province.
He took his =pat- as a Member of the Exeeutivi' Council in December, 1791. although, througli
the miscarriage of his commission, he did not take the oath of office until the following July.
In 1795, he wag appointed Storekeeper General for the Indian Department. On several occa-
eions he served on the Commission to determine the division of customs dues between the
Upper and Lower Province. In 1804, he succeeded Pierre Panet as a regular member of the
Council. He died at Montreal, March 3rd, 1807.

13. See page 162, note 2.

1. From the copy in the Canadian Archives, Q. 77, page 123.

2. See page 168.

3. See page 34, note 1.

4. Obviously an error in the copy. The reference is to Dorchester's letter No. 14, which
immediately precedes this despatch.

172 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Establishment of Lower Canada,^ and the addition which those !^^embers would make
to that Establishment, that the adoption of the measure proposed by your Lordship,
(vizt.) that of granting Your Lordship the discretionary power of adding temporary
members without Salary, would of itself, do away the difficulties you have stated. I
shall therefore lose no time in laying before His Majesty in Council an additional
Instruction to your Lordship to that effect. In the meanwhile, and to render the
Executive Council as efficient a Board as possible, I have directed that JVP Chief
Justice Osgoode's Mandamus to the Executive, as well as the Instrument to summon
him to the Legislative Council, should both be transmitted with this Letter. I have
likewise signified to M'' Lymburner^ the necessity there is, that he should attend
his Duty, as Executive Councillor, w^ho perfectly concurring in the propriety of this
observation has engaged either to proceed to Quebec this Summer, or should his
health not permit him to do so, in that case to resign his situation.

As the Legislative Council & Assembly have amicably terminated such Disputes,
as might be expected to arise between them, in the first exercise of their functions, I
shall not, at present, further observe upon them, than just to remark that there is the
greatest possible difference between the case of a Revenue Bill, a Tax, a Grant, or
the like, where a Penalty may be enacted to enforce those objects, and where in
various other instances, Penalties are enacted, without any connection with or rela-
tion to Money Bills or Grants — as for instance — in Bills of a Judicial nature, in
Bills for the suppression and punishment of crimes, and in various other cases
where the enactment of a Penalty as far as the Proceedings of this Country are made
a Eule of Proceeding, may originate with propriety, either in the Legislative Council,
or Assembly^

I am

My Lord
etc.

HENRY DUNDAS.

D.

WARRANT FOR THE APPOINTMENT OF HONORARY MEMBERS OF THE

EXECUTIVE COUNCIL.*

Duplicate.
GEORGE R

Right Trusty and Welbeloved We greet you well ! We being well satisfied of the

1. For the original Civil Establishment of the Province, see page 30. This had been
increased by the reorganization of the courts.

2. See page 16, note 1.

3. See the proceedings of the Legislative Council and Assembly, pages 166 et seq.

4. From the o^isinal in the Canadian Archives, Secretary of State, Sundry Papers.
Lower Canada, 1794.

The same form of warrant was used for the appointment of honorary members of the
Executive Council in Upper and Lower Canada. In 1795, a situation arose in Upper Canada
similar to that represented by Lord Dorchester in his despatch No. 14. On November 8th,
Lieutenant Governor Simcoe wrote to the Duke of Portland. " I beg to offer to your Grace's
consideration, what I have heretofore represented, the very insufficient number of the Execu-
tive Council of this Country — the Members at present by the Non-Appointment of a Chief
Justice are reduced to four, and in consequence the Public Business is by no means carrieKi
on in that methodical manner, which I could wish, from the non attendance of the Members,
and the burthen in general falls with extreme weight on myself, the Receiver General and
Major Shaw. Mr. Grant, who commands the Kings Vessels, being generally absent on his
duty, and Mr. Baby, the remaining Member residing at Detroit where He has Mercantile
Transactions.

It is therefore I most seriously beg Tour Grace's attention to what is a great public in-
convenience; the sickness of a Single Member stops the whole Business of the Province; and
the Series of 111 Health with which I have of late been afflicted, admits of no remedy, as a
Quorum without me, cannot be formed for the preparation or despatch of Business. (Can-
adian Archives, Q. 282, pt. 1, p. 21.)

To this the Duke of Portland replied, March 3rd, 1795, " And in the meantime, in con-
sequence of your representation of the necessity of augmenting the number of His Majesty's

CONSTITUTIONAL DOCUMENTS 173

SESSIONAL PAPER No. 29c

Loyalty Integrity and Ability of Our Trusty and Welbeloved P Amoble De Bonne.
John Lees, Antoine Jucherau Duchesnay and John Young Esq'''* have thought fit
hereby to signify Our Will and Pleasure that forthwith upon receipt "of these Presents
you swear and admit them the said P Amoble De Bonne, John Lees, Antoine Jucherau
Duchesnay and John Young to be of Our Executive Council of Our Province of Lower
Canada in America to act as Members of such Council respectively at the times on
the occasions and iipon the Summons herein after mentioned and not otherwise, that
is to say, provided nevertheless that the said P Amoble De Bonne, John Lees, Antoine
Jiicherau Duchesnay and John Young shall not nor shall any of them Act as Members
or a Member of Our said Executive Council save only and except at such time or
times and upon such occasion or occasions respectively when they shall respectively
le especially summoned to attend as Members of such Council by Our Governor or
the Person having the Government of Our said Province for the time being nor shall
any of them by virtue of this Appointment and of their being so sworn and admitted
afe aforesaid be entitled to any Salary as Members of Our said Executive Council.
And it is Our further Will and Pleasure that the special Appointment and Admission
of the said P. Amoble De Bonne, John Lees, Antoine Jucherau Duchesnay and John
Young respectively in manner aforesaid shall be clearly and distinctly expressed in
the Minutes ^ of Our said Council upon the swearing and admission of the said
P Amoble De Bonne, John Lees, Antoine Jucherau Duchesnay and John Young
respectively. And for so doing this s?hall be Your Warrant. And so We bid You
heartily farewell ! Given at Our Court at Saint James's, the Thirtieth day of June
1794 In the Thirty fourth Year of Our Keign —

By His Majest^s Command

POETLAND.

P Amoble De Bonne & others Esq'"^ to be of |
the Executive Council of Lower Canada. ^
(Endorsed)

To Our Right Trusty and Welbeloved Guy Lord Dorchester K. B.; Our Captain
General and Governor in Chief in and over Our Province of Lower Canada in
America or in his absence to Our Lieutenant Governor or Commander in Chief of
Our said Province for the time being.

SIMCOE TO PORTLAND.^

N° 19.

Upper Canada Johnstown
February 17*1^ 1795.
My Lord Duke,

I beg to inclose to Your Grace some letters (A.B.C.D) which have lately passed
between Lord Dorchester and myself relative to Indian Affairs and, I hope that the

Council for the better carrying on of the Public Affairs of the Province, I have received His
Majesty's Pleasure that Captain McGill and Mr. Smith should be appointed Executive Coun-
cillors Extraordinary but without any present Salary, and to attend only when specially sum-
moned by you for that purpose according to the tenor of His M-ajesty's Warrant which I
herewith inelo-e. Similar Appointments have been made in Lower Canada on a similar re-
quisition from Lord Dorchester ; and it is intended that the Extraordinary Executive Coun-
cillors, thus named, should succeed to Salaries when Vacancies arise in consequence of the
death or removal of any of the five Councillors provided for in the Provincial Estimate."
(Canadian Archives, Q. 282, pt. 1, page 37.)

The question later arose as to the right of honorary members of the Executive Council to
sit in the Court of Appeals. For the opinion of the Law Officers of the Crown on this subject
see page 479.

1. From the copy in the Canadian Archives, Q. 281, pt. 1, p. 273.

The Duko of Portland had been head of the coalition ministry which succeeded Shelburne
in April, 1783. The rejection of Fox's India Bill in December of the same year led to hi<? re-

174 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Commission of Sir John Joknson^ will be altered in the manner, that was intimated
by the Letter of M' Dundas to Lord Dorchester (N° 1)^ to which I have referred;
and under the impressions of which, I undertook the Government of this Colony.

There ought not to be an unnecessary vestige of Military Government iu this
Country, and the power exercised by the Superintendants is what of course, being
unknown to the British Constitution, cannot from its influence be submitted to with
safety to the King's Authority.^

The Lieutenant Governor of this Province must be an Officer in the Confidence
of his Majesty's Ministers. — I need not enter into the detail of Indian Superinten-
dants; their Want of Education, Ignorance of all bnt the Seperate Nations, upon an
interest with whom, their own consequence is grafted, their immoral Habits, and the
Indolence and depravity which in them, seems to be derived from the Persons with
whom they are so conversant, disable them, from unnecessary confidence.

The Commander in Chief at Quebec in lesser transactions cannot controul the
department, its expenditure & informalities ; the very distance prevents Him ; and the
Regulations now transmitted at this critical period, while they substantiate the fact,
allow me to hope, that Your Grace and His Majesty's Ministers in the system for the
future Garrisons and stations of the Kings Troops, will also give proper and
suitable regulations for this important Branch, such as may give satisfaction to the

signation. In July, 1794, an alliance was formed between Pitt, who had succeeded the Duke
of Portland as Prime Minister, and the more conservative wing of the Whi<!r party with the
result that the Duke joined the ministry as Secretary of State for the Home Department,

1. Sir John Johnson, Bart., eldest son of Sir William Johnson was horn in 1742. On
the outbreak of the War of Independence he joined the Loyalist forces and was instrumental
in raising " The King's Eoyal Regiment of New York."' He was knighted in 1765 and on his
father's death in 1774 succeeded to the title and family estates. In 1776, he led_ a large baud
of followers, chiefly from his tenants, to the Province of Quebec and later raised and com-
manded a regiment which did effective service in the defence of the Province. In 1782, he
was appointed Superintendent General and Inspector General of Indian Affairs and four years
later was made a member of the Legislative Council of Quebec. When the Loyalist migra-
tions began. Sir John was placed in charge of the work of settlement in the districts around
the Upper St. Lawrence and Lake Ontario. His connection with the Indian Department and
with settlement made him familiar with the needs of the newer districts of the Province and
on the formation of Upper Canada, Johnson was recommended by Lord Dorchester as its first
Lieutenant Governor. The British Government, however, had already decided on the appoint-
ment of Simcoe. The division of the Province involved no serious change in the Indian De-
i)tirtment and Sir John continued as Superintendent General. In 1796, he was appointed to
the Legislative Council of Lower Canada. He died at Montreal January 4 th, 1830.

2. Before his departure from Quebec in 1791, Lord Dorchester raised the question as to
what officer should, in the absence of the Commander in Chief, " take the command of the
Superintendant General and Inspector General of Indian Affairs." (Dorchester to Grenville,
Xo. 83, March 19. Canadian Archives, Q. 50, pt. 1, p. 81.) The letter of Mr. Dundas, No. 1 of
September 16, 1791, contains a reply to Lord Dorchester's reference. Mr. Dundas observes
that " The difficulties which occur with respect to the Superintendant General of Indian
Affairs, as stated in Your Lordships letter No 83 will immediately be removed, by recalling
his present, and granting him a new Commission, as from the nature of that appointment,
that Department must necessarily be subject to the Command and Control of such officers as
His Majesty may from time to time think fit to entrust with tlie Government of either of
those Provinces wherein the Residerce of such Superintendant maybe necessary, but parti-
cularly that of Upper Canada." (Canadian Archives, Q. 59 B, p. 207.)

A new Commission was accordingly granted which contains the following regulation,
" And you are to observe and follow such orders and directions as you shall receive from Our
Commander in Chief of our Forces in our said Provinces of Upper Canada and Lower Can-
ada, or in case of his absence from the Officer who may be left in Command of the said Forces
for the time being." (Commission to Johnson, September 16, 1791, Canadian Archives, Q. 71,
pt. 2, p. 455. See also Dundas to Johnson, of the same date, Q. 59B, p. 229). From this it is
seen that the Commission to Sir John Johnson had already been altered but not in tihe
manner desired by Lieutenant Governor Simcoe.

3. The particular issue between Lieutenant Governor Simcoe and Lord Dorchester was
the control of the Indian Department which, being considered a part of the military estab-
lishment of the colony, came within the authority of Lord Dorchester, as Commander iu
Chief of His Majesty's forces. At this time the Department consisted of the Superintendent
General, Storekeeper General, Agent, Secretary and Surgeon together with a Deputy Agent
and a staff at the Indian Posts situated at Niagara, Detroit and Michiliniackinac. As the
Indian Settlements were almost entirely within Upper Canada, Simcoe insisted that the con-
trol of the Indian Department should be vested in the Government of Upper Canada.

CONSTITUTIONAL DOCUMENTS I75

SESSIONAL PAPER No. 29c

People of this Province, universally alarmed, for their Properties, and Lives, and who
openly accuse, whether justly or not, the Indian Department, of fomenting disputes,
for the purpose of self consequence, & wealth; and of appropriating public Bounty to
private vices.

Such a System, I hope, will not leave to me, the unavailing regret of having only
done my duty, by pointing out Errors, and the mode of preventing them, instead of
carrying into effect a regular and extensive arrangement, which ultimately, may be
the means of preserving his Majesty's American Empire.

The present crisis I cannot but consider, IVIy Lord Duke, as of the utmost import-
ance, such as requires from me the language of truth — The universal Conversation
from Montreal to Detroit is that the Posts are to be withdrawn,^ and the loss of them
under such inauspicious Circumstances, is supposed as universally, to include the
defection of the Indian Nations.

I have offered from time to time to Your Grace and his Majesty's Ministers my
Ideas how to prevent, as far as, I see possible, this Calamity, should they not be
approved of, by the Kings confidential Servants I shall most chearfully acquesce in
their decision, without hesitation, or enquiry; and to the utmost of my facilities
endeavour to execute what they may direct — but I beg to observe to your Grace, that
from all other Men and from the Commander in Chief, I shall hope and expect, to
be convinced of the impropriety of my own system, or the efficacy of leaving his
Majesty's interests and the lives of his faithful Subjects to chance or procrastination,
by other means than the dictates of Authority.

In this Country, My Lord Duke, it will be more easy to create an Aristocracy
than to give due and constitutional weight to the Kings Eepresentative ;^ in the first
instance the passions of Men range themselves on the side of many competitors for
distinction, in the latter they unite against the Authority of a Single Person.

The influence from the disposal of Offices is of no moment; Those which in older
Countries derive their value from fees are unknown in these new Settlements and
are in fact so burthensome as scarcely to be applied for by the Inhabitants reluctantly
and frequently abandoned at an improper moment.

It seems therefore necessary, that the appearance of Power over all inferior
Military employments, (which Generals in Chief rarely condescend to notice) ought
with peculiar propriety to be vested in the Person administring the Government of
the Province ; at least no new Power, no interfering Arrangement should be admitted,
such as the Indian department to circumscribe his Influence, and the British Constitu-
tion, being granted to this Province, Tour Grace wiU depend upon it that its
Inhabitants will naturally desire to obtain all its qiialities & properties. — the real and
apparent Independancy of their first Magistrate, is considered by them, by no means
less necessary to promote the Authority of the Crown, than to prove their owa
Emancipation from the Province of Lower Canada, and Military Government; which
has always been opposite to the Inclinations of the American English. Such is the
language which I have frequently heard from the leading Men of the Province; from
those who are best affected to the Kings interests.

I have the honour to be with the greatest Respect,

My Lord Duke
His Grace the Duke of Portland Your Grace's

One of His Majesty's Principal most Obedient and

Secretaries of State &c. &c. &c. most humble Servant

Endorsed:— Upper Canada 17*^ Feb^, 1795 J G SIMCOE.

Lieut. Gov' Simcoe

R/ 12th jklay 1795. Ans^ 3'^ Sep.'

1. By the Jay-Grenville Treaty of 1794, all the Posts within the territory of the United
States held by Britain were to be restored before June 1st, 1796.

2. For Simcoe's scheme for the creation of a colonial aristocracy see the correspondence
relative to the appointment of Lieutenants of Counties, pages 196 to 211.

176 CANADIAN ARCHIVES

4 GEORGE v., A. 1914
N° 19.

(Eight Inclosures)

SIMCOE TO DORCHESTER/

(Duplicate) Kingston March 9*^^ 1795.

N^ 47.
]\ly Lord,

In compliance with my intimation of the 30^'' of January,^ I take the opportunity
of stating some of the many Reasons to Your Lordship which induce me to maintain,
that the present Department for the Superintendency of the Indian Nations is insuf-
ficient, and inexpedient; and that it requires, without loss of time, the most complete
Reformation.

The Alteration recently made on great, and wise, and necesary Principles, in
the nature of the Government of Upper Canada, establishing the British Constitution
in all its forms and faculties in the Province, seems of course to imply that suitable
Provisions must take place to give due countenance and influence in the administra-
tion of Public Affairs to the several Branches of the Legislature into which British
Wisdom has constitutionally and distinctly seperated British Power.

The Representative of the Sovereign must be endued with sufficient means to
uphold the Executive part of the Government; and those Bodies, who represent them-
selves and the People, ought not to admit, and will not, Your Lordship may be assured,
a greater share of Military power to narrow their duties and interfere in their Opera-
tions, than what the British Constitution allows, or the necessity of the case may for
the present justify.

To apply these Facts to the existing state of the Province of Upper Canada — It
is obvious, that the Representative of the Sovereign, in particular, cannot be deprived
of any power naturally incident to his Station, under any pretext whatsoever, without
a proportional diminution in the Eyes of those who are entrusted to his Government
of that Ascendancy and Weight which is most necessary for their own preservation,
ijot less so to the support of the Kings Authority, and, probably, requisite to strengthen
the connexion of the Province with the Empire of which it forms a part; — and it is
apparent in the infant state of this Province, that this necessary influence, weight, or
ascendancy, is not at present to be obtained by the Lieutenant Governor of LTpper
Canada, thro' any of those means of Patronage, or offices of interest or emolument,
which formerly abounded in the British Provinces of America, and in the natural
progress of Society, will hereafter strengthen the Executive Government of this
Province; but the sole means by which He can maintain the Authority necessary for
his Constitutional Station, must depend at this most critical Period, on the intrinsic
merits of the duties He has to execute or result from the plain and unsupported
Semblance, of his being the Representative of the Royal Authority.

If it has been thought expedient, that the Person who is appointed by his Majesty
for the important purpose of Governing this infant Province, should also be the Com-
mandant of his Forces therein, it must doubtless be thereby intended among other
Reasons, which now most happily seem of less importance, to support and to encrease
his influence; and of consequence, it appears to be unnecessary, that any Establish-
ment administered by Military Authority, under the pretext of being solely amenable
to the Commander in Chief, should be withdrawn from every degree of intermediate
Responsibility to Him, either as commanding in Upper Canada or as the "King's
Representative in the province; but when the magnitude of the Indian Affairs are
duly weighed, their various relations and connexions, their new and menacing Aspect,

1. From the copy in the Canadian Arcliives, Q. 281, pt. 2, page 341.

2. Simcoe to Dorchester, No. 38, Canadian Archives, Q. 281, pt. 2, page 285.

CONSTITUTIONAL DOCUMENTS I77

SESSIONAL PAPER No. 29c

and that Peace may be preserved, or War accelerated, by the due management or mis-
management of those Nations. The simple Consideration of such important Objects
demands; and would alone make me, My Lord, require as administering the Govern-
ment of Upper Canada, Those alterations to be made in the Constitution of the Indian
department which W. Secretary Dundas in his letter, to Your Lordship, N°. 1, men-
tions to be determined upon in the new Commission to be issued to Sir John Johnson;
and which I presume has taken place'^ — It is not the Genius of the British Constitu-
tion, nor can it be the wish of his Majesty's Confidential Servants, that in my respon-
sible Station I should stand upon unsure and unsafe grounds — To talk of Your
Lordship's personally directing the Indian Affairs beyond general and common regula-
tions, when you reside at Quebec, is out of the question; The most important Con-
cerns must be transacted through the interposition of some Officer upon the Spot,
fubordinate to Your Lordship, or not, as may be just and effectual — And I must be,
that intermediate Person, whether in a Military or civil Capacity it matters not to
me — But it is obvious, that the Lieutenant Governor, must have from some source
or other a Power, commensurate with his Responsibility, and that may enable Him
to carry into effect such measures as may be necessary for the publick Service, whether
they be confined to the interior management of the Government, or relate to any
intercourse with foreign Nations.

If the Indians be contemplated, seperately, or as connected with the United
States, an Attention to their Affairs on the part of this Government, becomes a
matter of great and encreasing necessity.

Nor will the other Branches of the Legislature have immaterial offices to exercise
in relation to the Indian Nations.

The present system of the Indian Department is the subject of much obloquy, and
iQ very unpopular in the Province, and this arises, among other reasons, not only from
the real or supposed Peculation of some of its Members, dilated upon with sufficient
malignity, but also, from the idea which many respectable People entertain, that the
Disputes and "War between the Indians and United States have been fomented and
supported by Persons in the Department, not on public, but personal motives; and
beyond the Orders or intentions of Government — These Sentiments whether they
be well grounded or not, have their Influence; and it is reasonable to suppose, may
occasion the Legislature to look with diffidence and suspicion upon any future exemp-
tion of those who direct this Department, from the eontroul of the King's Representa-
tive— It is evident any other eontroul than that which arises from an intimate
knowledge of the transactions of this Office in the detail, as they respect the Savages,
i.^. nothing but a dead Letter, or a mere display of Words.

• The Members of the Legislature therefore, as well as the People of the Province
will not see with secret satisfaction and confidence the Lives and properties of them-
selves and of their families at this momentous period, dependant on the discretionary
Conduct of the Indian Department.

The Legislature also, can alone prevent improper Encroachments being made upon
the Lands of the Indians : It can alone regulate the Traders, and prevent their Vices
from being materially injurious to the Welfare of the Province; and it will in all
.probability exert its authority, as seems most just, to effect these popular objects —

The Legislature alone, can give due efficiency to those general principles of Policy
which his Majesty shall think proper to adopt in respect to the Indians; and which
the Lieutenant Governor or Person administering the Government of Upper Canada,
the Confidential Servant of the Crown in the Province, can alone carry into execution
with safety. Vigilance and promptitude — ^He also, by his influence with the other

1- Tx)rd Dorchester, in his reply to Simcoe, after referrinpr to the documents mentioneJ
in the above note, proceeds, " I have not a power to make those alterations you seem to re-
quire, nor does mv .iiidsmpnt allow me either to recommend or approve them." (Dorchester
to Simcoe, April 2, 1795, Canadian Archives, Q. 71, pt. 2, page 451. See also page 174, note 2).
29c— 12

178 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Erauches of the Legislature, must temper and guide to the public Interest every
important Law to which the new State of the execution of the Treaty of 1783^ may
give birth, or which shall arise, from time to time, in consequence of any pressing
event —

An intimate knowledge on the part of the Lieutenant Governor of the Indian
Affairs will materially facilitate the proper execution of these Duties; and without
doubt He will obtain Universal Influence in all these Points, and sufficient confidence
will be reposed in Him by the other Branches of the Legislature, when they shall see ;
that He is furnished with ample means of information.

It is therefore, among other material Reasons, that adverting to the Security of
the Peace of this Province and therein of the British Empire, and to the necessity
of forming a proper and just system for cultivating the affections of the Indians, and
giving permanency to what is now precarious and illusory, that I have stated to His
Majesty's Ministers, " It appears to me advisable that the Indian Department should
" remain as at present under the supreme controul of the Commander in Chief or
" Governor General, that Colonel M°Kee^ the efficient deputy Superintendent should
" be added to the Council of the Province of Upper Canada, That, the Lieutenant
" Governor, or Person administering the Government, in Council, should watch over
" the various concerns of the Indian Nations, regulate the expences and superintend
" the delivery of the annual presents ; that, these presents should be delivered at stated
'' times, generally, if possible to all the Indian Nations — That as soon, as conveniently
" it can be executed, a Council House should be erected for this purpose at the
" proposed seat of Government, London^ particularly adapted as central to the Indian
'^ Nations ; that there, the Indians should be assembled to receive their regular presents,
" with all due form and Solemnity under His Majestys Picture or Statue ; that they
" may be taught to repose in Security on their Great Father, consider Him, and not
" liis Officer? or Acents as their beiipvolent Benefactor. — That to this fire-place, a
" deputation of all their Chiefs should be annually invited to resort, to reconcile their
" respective differences, to receive advice, and to renew their friendship with the Kings
" People; that by placing the administration of the Affairs of the Indians in the hands

1. The_ interpretation of the boundary clauses of the Treaty of 1783, was one of the sub-
jects provided for by the Jay-Grenville Treaty. Although this treaty had been concluded in
November, 1794, Simcoe had not yet received notification of its terms.

2. Colonel Alexander Mclvee entered the service of the Indian Department under Sir
William Johnson. In 1771, he succeeded Colonel Croghan as Deputy Superintendent for
Indian Afiairs. He tookpart in the War of Independence beinw stationed at Fort Pitt. For
a time he was held a prisoner here by the Revolutionary forces but manao:ed to escape and
proceeded to Detroit in 1778. He was then appointed Deputy Assent resident at Detroit
where his direction of Indian ASairs was most successful. The absence of Sir John Johnson
from the Province necessitated the appointment of a chief for the Department and Colonel
McKee was accordingly given the position of Deputy Superintendent General of Indian
Affairs in December, 1794. He died January 15th, 1799. (For correspondence regarding the
appointment of his successor sea page 242 ei seq.Q

3. London was proposed by Simcoe as the Capital of Upper Canada in 1793. Writing to
Mr. Dundas, September 20th, he says, " It is apparent that there is no spot in Upper Canada
so central as to have a speedy and ready communication with all parts of the Province;
which may be considered as confined between the Ottawa and French Rivers and the Lakes;
but it is equally^ evident that sooner or later as population increases, and circumstances
shall admit, it will be necessary for the purposes of public convenience to make some further
division of the Canada's, and perhaps Montreal presents itself as the Centre of an inter-
mediate Government. I beg. Sir, to state these ideas, as in pursuance of them, they lead
to the propriety of establishing a Capital of Upper Canada, which may be somewhat distant
from the centre of the present Colony; were there no immediate motives or political reasons
that may render it expedient.

This Capital, I propose to be established at New London, as marked on the Map of "The
Thames." (Canadian Archives, Q. 279, pt. 2, page 493).

Mr. Dundas expressed approval of Simcoe's choice. " I also agree with you that the
plnce upon the River Thames, which you have marked as the scite for London, is well s.itua(:ed
and judiciously chosen for the future Capital; but as the Defence of the Colony is the first
object, if that Defence should be Maritime, it follows that the Settlement of York is the most
important for the present, not as the future Capital, but as the Chief Place of Strength and
Security for the Naval Force of the Province." (Dundas to Simcoe, March 16th, 1794, Can-
adian Archives, Q. 280, pt. 1, page 20.)

CONSTITUTIONAL DOCUMENTS 179

SESSIONAL PAPER No. 29c

" of the Governor aud Council, in the room of the Superintendant, and Officer Com-
" manding the Troops, it is evident an uniform system would be adopted, and that
"policy which is now casual and fluctuating, would become perrranent as possible;
" not depending on the life or removal of one Man ; on the employment of the Officers,
" or the death of the Agent; but an adequate knowledge would be acquired of all the
" Indian transactions ; and the reports of the Committee of Council on this Subject
" (of which M"^ M<=Kee should be the President) would offer to his Majesty's Ministers
" the best sources of information, the means of regulating the Public expenditure in
" this important office, and of applying it with the best possible effect."

" That the Council of this Country, it is obvious, will have every interest to fulfill
"the Kings benevolence to the Savages — They will themselves acquire a certain
" influ3nce and weight with the Chiefs and always be able to recommend proper
" Agents, Interpreters, and Subordinate Officers ; a Species of Men of the greatest
" importance, but which are hourly growing more scarce from the circumstance of the
" Indian trade having undergone a material alteration in its extent, and in particular
" as the Prisoners who are adopted by the Indian Nations — and by that mode gain
" the means of acquiring an interest in their affections, and a knowledge of their
" language, are now entirely composed of the Inhabitants of the United States, and
" not of the British Colonies ; of Persons, who consequently will promote the interests
" of their native Country.

Such is the outline, My Lord, which I have stated to the consideration of his
Majesty's Ministers in respect to that Branch of the Superintendancy of the Indian
jSTations which principally affects this Province, and such alterations, as in my judg-
ment may be carried into execution without difficulty, and to the public advantage.

It seems proper that to these Observations I should offer to Your Lordship, more
at large, such additions as may elucidate the detail of the Subject.

The advantages which the Place I have proposed (and which has been approved of
by his Majesty's Ministers) for the scite of the Capital of Tipper Canada offers to the
Kings Government, as They concern the Indian Nations, for the sake of perspicuity,
r beg leave to state to Your Lordship, as They apply to the Savages within the
boundary of the Treaty of 1783,^ and as they ultimately effect those Nations who
should be without that line of demarcation.

In respect to those Nations within the Boundary line, and bordering on the
inhabited pale of Upper Canada — They may be principally included as part of three
distinct Nations namely the Confederacy of the 6 Nations the Chippewa's (of whom
the Messissagua's are a tribe) and the Western Confederacy, a small part of which
now reside in Upper Canada, and to the whole of whom agreeably to my letter to Yoiir
Lordship of the 18*'^ of December 1794 Colonel M'^Kee has offered a Settlement within
the King's purchases on the Chanail Ecarte, upon the principle therein explained ;-

The Council fire of his Majesty regarding the Six Nations, is now at Niagara;^
that of the Western Indians at Detroit; If possible, before these places shall be
evacuated, I wish, that the Council fire of the Six Nations with all possible Solemnity
should be transferred to the proposed Capital; such a Solemnity was performed, as I
understand, when formerly it was removed to Sir W™* Johnson's - House on the
Mohawk river, and I presume the form may be met with in the Archives of the Indian
department, it scarcely having happened in the memory of the Indians now guiding

1. By Article II. of the Treaty of Paris, 1783, the boundary line for this district was
fixed as the middle of the water communication between Lake Ontario and Lake Superior.
For the text of the treaty see Constitutional Documents, 1759-1791, Shortt and Doughty, 1907,
pase 491,

2. Simcoe's letter to Portland. No. 14 of December 22, 1794, contains an account of the
cfier of land for a settlement of the Western Indians. (See Canadian Archives, Q. 281, pt. 1,
page 201.) The stream then known as the Chanail Ecarte is the modern Sydenham Eiver.

3. The Council fire of the Six Nations was moved from Albany to the residence of Sir
William Johnson in June, 1755. For a narrative of the proceedings see the New York Colonial
Documents, edition of 1855, Vol. VI, page 964.

29c— 12i

180 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

their Councils, or possibly any of the Kings Subjects as assistant thereto, unless it
be Colonel Butler/ who has great influence among those people, and certainly a
knowledge of their Customs, which may be of present importance.

To this Council Fire, I should also wish that established at Detroit to be
assembled; with such ceremonies, as may revive among the Indians in that quarter,
whatsoever ancient forms and usages they may be attached to, or may stamp upon
their minds such new Impressions as the Solemnity of the occasion may render it
proper for their common good and the King's benefit, shovild at present be inculcated,
and held in future remembrance.

•Thither also, should the Chippewa's and Messissugua's be invited, and the Council
Fire, as the general place of resort of all the Indian Nations from the Mohawks on
the Bay of Quinte or possibly the Messissagua's at Kingston, to the straits of Detroit,
and beyond it, should be firmly established; and all the Nations should be bound in
one covenant, and be taught to consider (in the absence of the Commander in Chief,
or Governor General), the King's Lieutenant Governor, the Representative of their
Common Father. A Council House should be built with all possible speed, and it should
be suitably decorated with the Emblems and Ensigns of the different Nations; and
thither, should their Chiefs be invited annually to assemble (and on particular events
at proper seasons) for the purposes heretofore specified, and to receive their annual
presents, or such orders as may be given them for obtaining them at more convenient
places.

This great and annual meeting should be conducted with the most impressive
Ceremony; Troops should be assembled, either purposely, or in consequence of the
general Relief, the Lieutenant Governor and Council should attend with all the
Officers Civil and Military.

In order to carry into effect the essential guidance which the Kings Lieutenant
Governor and the Council, who are constitutionally responsible for the protection and
welfare of the Kings Subjects in this Province, must have, and must exercise in all
Indian Affairs, now about to be so materially interwoven and connected with the
United States, and which under the pressure of particular circumstances calls for all
their vigilance and attention on the Spot, and to erect a system, not fluctuating, but
permanent, arid which may suffer as little as possible from the changes of Men, It has
been proposed that the Lieutenant Governor and Council of the Country to whom his
Majesty has confirled its Government, and not in the inferior office of Superintendant
General, should be entrusted the total supervision of the Indian Nations, as far as
concerns that management and those relations, which are necessary to prevent or
provide against their Hostility, or alienation from his Majesty's Interests — and in
order to acquire a due knowledge of the Policy, the inclinations and prejudices of the
Indian Nations, It appears most requisite that the Superintendant General, or Deputy
best acquainted with the various Indian Nations, should be added to his Majesty's
Councils and have a seat at the Board; presiding in the absence of the Lieutenant
Governor, in all transactions in which the Indian Nations shall be concerned.

This Superintendant or rather Deputy, might have part of his Salary ex officio,
as of the Council that of the Deputy ought to be augmented; Colonel M<=Kee would
be the most proper person to be admitted into the King's Council,^ and It appears to
me at present of great importance that Colonel Butler, whose well known influence
v/ith the Six Nations is universally acknowledged to have been of the utmost conse-
quence in the late War, should also have a seat at the Council, and possibly enjoy

1. Colonel Butler had been connected with the Indian Department since 1755. Durin°
the Revolutionary War he raised and commanded a corps of Rangers which acted in conjunc-
tion with the Indian tribes. He acquired prreat influence with the natives and was largely
instrumental in preserving their alliance with Britain.

2. Colonel McKee had already been recommended by Simcoe for appointment to the
Executive Council. (See Simcoe to Dundas, No. 24, June 21, 1794, Canadian Archives, Q. 280,
ot. 1, page 185.) The appointment was not made; for the reasons see page 188.

CONSTITUTIONAL DOCUMENTS 181

SESSIONAL PAPER No. 29c

his present Salary for Life; as a compensation for former Loyalty and Service,
without any future interference in the detail of distributing the presents, to which
He appears from his stat« of Health, not to be able, with due vigilance to attend —
But his long experience in Indian Affairs and Loyalty render his Opinions at the
present crisis an object of great consideration.

The proceedings of the Lieutenant Governor and Council should be from time to
time as the case may require transmitted to the Commander in Chief and all the
details, by the deputy Superintendant to the Superintendant General for his informa-
tion.

It seems proper, that the Presents and Pensions which are constantly once in a
year given to certain Indians, and to the Women and Children, should be regulated
by a List, and delivered to them as annual donations, and of Right, agreeably to the
Custom of the late Sir W™- Johnson, and what Sir John Johnson, I understand,
recommended to Major General Clarke on his going to England, upon leave of absence.

This plan is peculiarly necessary to be adopted in respect to the Grand Kiver
Indians; both to ascertain their several claims and to prevent improper influence and
dependance on their Chiefs, and particularly on Brant; who always aims to appear to
them, to be the distributor of the Kings bounty.

It would also be of evident public utility, should the Magistrates of those parts
of the Province w.here the Indian presents are distributed attend at their delivery;
their permanent situation, their Interest and personal knowledge of the Indians in
their vicinity, would render their presence together with the Military Officers a real
check against fraud or abuses, and would, probably, add to the Security and peace of
the King's Subjects by shewing to the Savages those Magistrates the Constant Wit-
nesses of their general behavious, as in some measure, vested with Authority in the
distribution of the public bounty.

In regard to the Indians without the Boundary of 1783,^ It is apparent that the
Indians who visit Detroit in their Canoes from the Lakes Huron and Michigan, may
with equal ease by keeping the eastern instead of the Western shore of the Lake
Sinclair, ascend the River Thames to Chatham &c% and, probably, by proper exertions
of the Merchants added to the influence of the King's Government, may be preserved
from becoming the property of the United States, whensoever they shall possess Detroit
and of their ready instruments The French Canadians.

In the present state of Affairs, it seems, that the welfare of this Province requires
the lessening of the Interest which the Canadians of Detroit possess in the affections
01 the Indians, as far as possible, and rather of the two, to throw it, into the hands
of the Subjects of the United States; for this purpose, the settlements on the Eiver
Thames, and in particular, that at Chatham, may be of great consequence.

It is reasonable to suppose, the Commerce which the United States will carry on
with the Indians to the Eastward of the Detroit, will not revert to that Post, should the
British Merchants intercept by the Lake Huron and the Thames, the Commerce to the
Westward of that Place. Detroit would soon be reduced to be a place of very little
importance.

I have thus. My Lord, endeavoured to throw together my Ideas of a regular system.
The very execution of its details, as appears by the orders of Your Lordship now
before me, and by the general opinion of all classes of Men in this Province requires
considerable alteration ; the Erection of Upper Canada into a free Government, render
in my opinion its continuance on the present footing totally incompatible with the
Public Interest, and with the piiblic Duty of those whose Office it is to administer it;
and should it be suffered to continue, it would hourly unfold and exhibit a striking
Example of the inconveniences of those Systems which exist on the baseless fabric of
Effects after the causes from which they have originated have been long antiquated
and done away.

1. See page 178, note 1.

182 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

I transmit this present statement to Your Lordship under a strong sense, that I
should betray my public trust, did I not openly avow my Ideas of the impropriety of
continuing the Superintendancy of the Indian Affairs, on its present footing, as It
regards the Province of Upper Canada, and I shall therefore by enclosing a duplicate
of this letter to the Duke of Portland in the most Solemn manner represent the
■dangers of a System which in my Judgment, is injurious to the King's Service, and
inadequate to any good purpose which may be expected from it.

I conceive it to be an Establishment, not only incompetent and dangerous as far
as concerns foreign Nations; but to be too extensive in its Objects, and of too great
a magnitude as it respects the internal Affairs of this Province, to be for a moment
admitted to stand upon any footing whatsoever, seperate and Independant of the
tontroul or Superintendance, of the person in whom His Majesty shall be pleased to
confide the Government of Upper Canada.

I therefore, if it shall continue on its present Independant Footing declare, that
I consider the Power and Authority of my Station, requisite for the good Government
and internal Welfare of the Province of Upper Canada to be materially and unneces-
sarily weakened; but more especially should I be permitted to remain in this insecure
situation, I beg not to be understood, as responsible for the Continuance of Peace,
with the Indian Nations, and as far as their Interests are implicated and interwoven
with the Subjects of the United States,

I have the honour to be with great Eespect,

My Lord,

Your Lordships
Most Obedient
and most humble.
Servant

J G SIMCOE

1'he Eight Honourable
Lord Dorchester.

Endorsed : — A.

In L*- Gov'- Simcoe's
of 17*'* March 1795

CONSTITUTIONAL DOCUMENTS 183

SESSIONAL PAPER No. 29c

DOECHESTEE TO POETLAND.^
X°. 22

Quebec 20*^ February 1795.

My Lord, — From the North American Correspondance Your
Grace ■will perceive that this Command, Civil and Military is greatly
disorganised: The same Person, it is true, is Governor of every
Province, and Commander in Chief of the Forces,^ with Powers
apparently in his Commissions to draw forth in times of danger the
greatest possible strength for their Common Defence, and for the no
less essential Purpose of enabling him to superintend the whole, and
prevent any System of private advantage from insinuating itself
unnoticed, to the detriment of the Crown and Empire.

The Minister for this Department is seldom stationary long
enough to see through our Colonial Politics, and their interested
bias." Matters of greater importance at home, constantly require his
attention, so that he has not time to make himself master of the
Business, or to examine the various Projects continually pressing upon
him from these Provinces, which if properly investigated on the Spot,
and afterwards transmitted from hence divested of the delusions of
Fancy, and varnish of private Views, would be greatly reduced in
Substance, and submitted to his Consideration with a perspicuity
that would enable him to judge of the eifect they probably might
have on the National Interests.

The King's Commissions being Competent for this Superintend-
ence, it was to be expected that information of all occurrences detrim-
ental to good Government and of all abuses tending to aggrieve His
Majesty's Subjects, would be collected as to a Centre; that nothing
might lie concealed, but the whole be corrected without delay by the
Servants of the Crown.

Accordingly Eeferences from the Minister, and Communications -^^^ ^ h-om. Lord

from the several Lieutenant Governors were at first received ; and I Sidney, June, 1787.*

began to collect Information from all Parts, and to submit the Eesult ^me^UttT *^^

to the King's Confidential Servants. Memorial attested

A different System has been since adopted, tending to revive the ]^J Lieut Gojr Parr

'8 J Tin© 1787
old Colonial Practice, which from an early period prepared, and xo. 33 to Lord

gradually rendered all things favorable for Leaders of Eebellion, to Sidney.'''

usurp from Government the Confidence and gratitude of the People; n°,n^]a3 (see pa-^e

and ended in Eevolt and Dismemberment of the Empire. 168).

1. From the copy in the Canadian Archives, Q. 71, pt. 2, page 313.

2. Lord Dorchester was at this time Captain General and Governor
in Chief of the Provinces of Nova Scotia, New Brunswick, Cape Breton
and Prince Edward Island. His Commissions for Nova Scotia and New
Brunswick are date<l April 27, 1786. The former may be found in the
Canadian Archives, M. 588 and the latter in M. 592. ^

3. Colonial affairs were at this time under the direction of the Secre-
tary of State for the Home Department. Since Lord Dorchester's appoint-
ment as Governor in Chief in 1786, Lord Sydney, Lord Grenville,. Mr
Dundae and the Dukj of Portland had successively held the position of
Secretary of State for the Home Department.

4. The reference is probably to Lord Sidney's despatch of April 5th.
1787, which deals with the Government of the Provinces. It is to be found
in the Canadian Archives, Q. 27, pt. 1, page 4-1.

5. Canadian Archives, Q. 28, page 28.

6. See Parr to Nepean, May 25th, 1787, Canadian Archives, M. 505.
7. Ibid. Q. 28, page 127.

184 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

The great changes occasioned by this Eevoluticn, in the Political
situation of these Provinces; their distance from all Succour, and
from the Supreme Seat of Government, pointed out the necessity of
an Authority on the Spot, to unite and call forth the Greatest Force
their Population would permit and to act with promptitude in all
Cases where delay might be dangerous.

Thus constituted and united our Colonial strength might be in the
Proportion of One to Fourteen, compared with the Foreign Power
extending along our Frontier: Yet, in this Critical Situation, the
drift of our present Policy is to divide and subdivide, and of this
Remnant to form many independent Governments, with as little
Communication and as little Connexion as possible; while that of
our Neighbours is to consolidate, and of many independent States to
form one Government.

Instead of Authority competent to carry on the King's Service,
to distribute orders, regulate their Execution, and enforce Obedience;
it seems to be a measure of Office to withdraw all Power from the
Person with whom the King's Commissions have placed it. Communi-
cations are made, and directions sent to inferior Officers, whereby
the intermediate Authority is virtually superceded; which conse-
quently Acts as a Eecall on the Person in the Chief Command: the
Injury is not in a Recall, but in the manner of bringing it about,
which breaks asunder all Ties of subordination and overturns the
Authority of the Crown delegated by the King's Commission.
No 3 to Mr. Thus we not only preclude ourselves from the chance of profiting

Dundas. by occurrences which the course of time may bring forth, but

endanger His Majesty's Possessions on this Continent still more and
more.

Every one is impatient of Restraint, especially in matters of gain;
and all things incline to favour Insubordination; with a little more
encouragement, we may expect the Fruits thereof at an ear'y Season.

I have said enough, I hope, to convince Your Grace it is necessary
for the King's Service, that this Command be speedily assumed by
my Successor,-^ with Authority sufficient to restore Order — and to
maintain the Interests of the Crown and Empire.

I am with great Respect and Esteem

My Lord

Your Grace's
His Grace most Obedient

The Duke of Portland humble Servant

&c &c &c DORCHESTER

Endorsed— Quebec 20*^^, Feby., 1795
Lord Dorchester
R^ 15. May 1Y95
And. 27*'^ N° 22.

1. On the 4th September, 1794, Lord Dorchester wrote to Mr. Diindas
" It will give me much satisfaction shoiild they (the Canadian Provinces)
escape the Dangers to which they are exposed by their unnaturnl Con-
Natiomal Policy more suited to their Gen- nexion ; and that they adopt a
eral Interests. Be this as it may, yon will oerceive Sir, with me, that
various reasons concur to make it necessary for the King's Service that
I retire from this Command; I am therefore to request you will have the
jfoodness to obtain for me H's Majesty's Permission to resign the Command
of His Provinces in North America, and that I may return home by the
first opportunity." (Canadian Archives, 0- 69, pt. i, page 177.) The re-
quest was repeated in his despatch No. 61 of October 1st. (Q. 70, page 116.)

CONSTITUTIONAL DOCUMENTS 185

SESSIONAL PAPER No. 29c

POETLAND TO DORCHESTEE.^

N°. 15

Whitehall 27 May 1795
My Lord

I have had the honor of laying before The King yo\ir Lordships
letters numbered 22 and 23.

I can assure Your Lordship that I felt great concern at reading
your Letter N°. 22 and the more so because from the general terms
in which your dissatisfaction is express'd it is not in my power to
take those means for removing it which a specification of the particu-
lar causes to which it is owing would have enabled me to do and
which my knowledge of the Sentiments of all The Kings Confidential
Servants with respect to your Lordship authorizes me to answer for
their desire and endeavours Jointly with mine to have seen accom-
plished. Coinciding in opinion with Your Lordship upon the prin-
ciple of consolidating as much as possible the Strength and Interest
of His Majesty's North American Provinces I must notwithstanding
avow that I should have believed on a fair and candid reference to the
Correspondence of this Department with those Provinces and to the
various circumstances (many of them of an urgent and Extraordinary
nature) under which it has been necessarily carried on that Your
Lordship could not have thought that it was a measure of this office
to withdraw all Power from the Person with whom The- King's. Com-
missions have placed it. and indeed I am most certain that it never
was for a moment in the contemplation of my Predecessors to
diminish a Particle of that Power in any degree in which the applica-
tion of it was practicable with respect to your Lordships Military
authority which is the first and most important consideration as
being most capable of being applied to all the Provinces with a view
to their defence and protection taken seperately or Jointly. I have
only to refer Your Lordship to my last letter on this subject^ a Tri-
plicate of which I enclose. In this Capacity Your Lordship has ever
been considered as corresponding with and directing the Commanders
in Chief of the Districts or the Lieutenant Governors as the case may
be in all matters of a Military Nature in such manner as you shall
Judge necessary and I should be sorry to understand that your direc-

1. From the original copy in the Canadian Archives, G. 539, page 121.

2. Lord Dorchester had asked for a definite statement as to where
the chipf Military command in the Canadian Provinces was lodged. The
Duke of Portland's despatch No. 14 contains his reply, " I am sorry Tour
Lordship conceives that there is any doubt entertained in any Quarter,
of the Chief Military Command being lodged in Your Lordship's hands —
His Ma.iesty\- Pleasure has already been declared in this particular, in the
most solemn manner, by His Majesty's Commission and Instructions to
Your Lordship. — I am well aware that the Concerns of the Civil Govern-
ment of Upper Canada must frequently connect themselves with the Ad-
ministration of the Indian Department, and that of the Commissariat, so
far as thi v regard that Province; and in all such Cases, I am persuaded
that Your Lordship will always he inclined to listen to such representa-
tions from the Lieutenant Governor touching those Departments (especially
where the Civil Concerns and the improvement of the Province is the
Ob'ec') :'8 tend to forward His Majesty's Interests, and those of the Prov-
ince, which are inseparable: — At the same time, there can be no doubt,
but that ^11 matters relating to those departments, are primarily under
Your Lordshin's Authority, as Commander in Chief, and to be exercised
under your directions, in such manner as you shall judge best for the
Public Service." (Canadian Archives, Q. 71, pt. 2, page 311.)

186 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

tions or representations to them in any case have not been attended to.
With respect to such directions of a Military Nature as from the
pressure of the occasion and to avoid circuity have been sent from
hence to the Commanders in Chief of Districts or the Lieutenant
Governors it has from the nature of your Command, been invariably
understood and generally expressed to be communicated by them to
Your Lordship. With respect to your Civil Authority as Governor
General, I have only to observe that as by His Majestys Instructions
the Lieutenant Governor of each Province is vested therewith except
where you are present it follows of course that such Lieut. Governor
must receive his directions from hence respecting the various Con-
cerns of His Civil Government — at the same time, whenever and as
often as Tour Lordship shall require information from any or all of
the Provinces touching such matters as you shall Judge proper to
represent to His Majesty I must take it for granted that the Lieu-
tenant Governors do as it is their duty most readily communicate
such information to you. and I hope it is unnecessary to add that any
representation from you in consequence thereof will always meet
with due attention from His ]\rajesty's Confidential Servants. I have
been induced to enter rather more at large into the present subject
from the great respect I bear your Lordship and from a wish that
you should not continue to entertain an Idea so contrary to my Senti-
ments as that it would ever have passed thro' my mind to embarrass
or diminish your Authority. Prom the same respect I wish to for-
bear giving an answer to the conclusion of your letter as I hope mine
of the 25*^ of December last'^ which I observe you have not yet
received will render it unnecessary.

. Having already in several of my Letters expressed my sense of the
Attention of your Lordships Governm*' to the Eevenue of the Pro-
vince I shall not trouble you with a repetition of it in answer to your
Letter inclosing the Council Minutes on matters of state from the
18^*1 Jan^ to the U^^ February last.

The Diminution of 38 Per Cent on the Collection by Licenses
under the Act of the 14*^^ of His present Majesty demonstrates the
expensive System on which this duty is collected and the saving
which may be made by the amount of the Duties being collected
under Acts of the Legislature in effecting which the frequent instances

1. In his despatch of July 5th, 1794, Mr. Dundas had expressed appre-
hension lest Lord Dorchester's answer to the messas^e from the Indians of
the Upper Covintry might provoke hostilities with the United States.
(Canadian Archives, Q. 67, page 177.) This had bten viewed by Lord Dor-
chester as an expression of censure and had been one of the causes of his
request for leave to retire. (See page 184.)

The Duke of Portland's letter of December 25, 1794, makes reference
to the statement of Mr. Dundas and to Lord Dorchester's interpretation
of it, he says, " Under such an impression therefore Your Lordship must
give me leave to say that 1 see nothing in the fair liberal^ and necessary
suggestions contained in my Predecessors correspondence with you on this
subject which should at all incline you to consider them as reasons for
proposing to retire from your present Command. I cannot but hope that
the time you have had to consider them may have already conciliated Yoar
Lordship to the opinion I have the honour of submitting to you; andl
hope it not less from the sincere respect and regard I bear Your Lordship
for your long faithful and meretorious Services than from a conviction of
the great prejudice which must arise to His Majesty's Service if such re-
presentations as His Majesty's Confidential Servants judge requisite to
make are not offered and received with that mutual frankness, candour
and good will which the nature of the case and the Duties of the respective
station? of the Parties necessarily require." (Canadian Archives, G. 53!),
page 101.)

CONSTITVTIOyAL DOCUMENTS . 187

SESSIONAL PAPER No. 29c

I have had of Your Lordships Zeal on similar occasions assure me of
your successful as well as your best exertions.

I have the honor to be &c.

Signed. POKTLAND.
jjt Hon^i'
Lord Dorchester.

PORTLAND TO SIMCOE.'

Whitehall, 3^ Sept' 1795.
L*^ Gov'' Simcoe,

N*' 8.
Sir,

I have received and laid before The King your Letters of the dates N° 18— Feb. 17, 1795
and numbers mentioned in the Margin with their several Inclosures. 20^ " 17 "
As your Sentiments respecting the Commissariat and the Indian 21— March' 17,
Department but more especially respecting the latter, are fully -^P^^oo

detailed in N°^ 20 and 21, it will not be so necessary for me in my "~'i795" '
Answer to these points to advert to N^^ 18 and 19, as they discuss
the same Subjects.

From the terms in which I have already stated my opinion as to
the Nature of those Departments, both in my Letters to Lord
Dorchester and Yourself, I should hope that their execution under
their present Constitution, might be carried on with the best possible
effect, both to The King's Service, and the Civil Interest of the Pro-
vince of Upper Canada.

Prom the nature of those Departments they are placed,, and
allowed to be properly placed under the Authority of the Commander
in Chief in the first instance, with powers to be delegated by him,
and executed under his directions. When Upper Canada became a
separate Province, it evidently appeared that those Departments,
particularly the Indian, would in many respects bear an intimate
relation to, and have connection with the Civil Policy and Govern-
ment of that Province. This Circumstance naturally led to repre-
sentations, that the Commander in Chief, in exercising his primary
Authority over those Departments, in cases where their Administra-
tion was connected with the Civil Policy and Government of Upper
Canada, would of course arrange such Administration upon com-
munication, and in concert with the Person entrusted with the Execu-
tive Authority of that Province, although the Authority over the
Departments themselves continued (as it still does) to be vested in
the Commander in Chief.

Having thus shortly stated the case, as it actually stands, I can-
not but seriously regret the want of that Mutual Concert and arrange-
ment which appear to me to be so easy and practicable, and which
are of such Consequence at this moment, when so much depends upon
a proper impression being made on the minds of the Indians within
the Boundary Line of 1783, in the Upper Province." As far as my
own ideas go, I should be more inclined to confine any part of the
Authority of the Indian Department which might be delegated by

1. From the copy in the Canadian Archives, Q. 281, pt. 2. pajje .376.

2. See page 178, note 1.

188 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

the Commander in Chief in certain Cases touching the Civil Govern-
ment of Upper Canada to the Lieutenant Governor in person, than
to the Lieutenant Governor and Council. The Concert and Communi-
cation between those tv?o great Officers would by this means be more
immediate, and better kept up — And I should imagine that the same
assistance might be received by the Lieutenant Governor from the
Officers in the Indian Department merely as such, in Upper Canada,
(in Consequence of Orders from the Commander in Chief for that
purpose) as if they joined to their situation, that of being Members
of the Executive Council of that Province.^

The Circumstances which have delayed the publication of our
Treaty with America, are highly to be lamented, as no time should
be lost in preparing the minds of the Indians for the Evacuation of
the Posts, conformably to the Ideas expressed in my former Letters
on this Subject of the 19**^ of November and 8^^ of January last.-

Some of the Measures suggested in Your Letter to Lord Dorchester
of the 9^^ of March last, especially those which relate to holding
General Councils of the Indians, would I conceive, be very conducive
to this purpose, and might be the means of giving them a true notion
of their future situation with regard to us, and of the nature of the
present Treaty, which in fact, by giving up the precarious and con-
tingent tenure of the Posts, secures to us and the Indians, both
within and without the Line of 1Y83, the most unrestrained inter-
course and communication, and both the power and the means of
trading with each other to an extent, which is denied to the
Americans, from the very nature of their situation with regard to
the Indians.

I am &c.

PORTLAND.
Endorsed : — Dra*.

To L* Gov"^ Simcoe
1795.

N° 8.

1. See Simcoe's recommendation regarding the control of the Execu-
tive Council over Indian Affairs, page 180.

2. See Canadian Archives, Q. 281, pt. 1, page 2.

CONSTITUTIONAL DOCUMENTS 189

SESSIONAL PAPER No. 29c

ADDITIONAL INSTKUCTIONS RELATING TO THE INDIAN DEPART-

MENT.i
GEORGE R.

(L.S.) CO. (Quebec 1795-1801. Vol. 3.)

Additional Instruction to the Governor Lieutenant Governor or the
Person Administering the Government of Our Province of Upper
Canada for the time being. Given at Our Court at Saint James's
the 15^^ day of December 1796 In the Thirty seventh Year of Our
Reign.

Whereas we judge it to be conducive to the better Regulation of Our Concerns-
with the Indian Nations within Our Province of Upper Canada, that the same should
be conducted by the Person exercising the Government of Our said Province for the
time being. It is therefore Our Will and Pleasure, That you do take upon you the
Conduct and Management of Our Concerns with the said Indians within the Province
of Upper Canada, and that you do from time to time give to all Persons whom it may
concern, such Directions for the due Execution of these. Our Instructions, as occasion
may require, such Directions nevertheless to be subject to any special Orders directed
to you, from such Person as shall at any time be constituted & appointed by Us to be
Governor General of Our Provinces in North America. And It is Our Will and
Pleasure, That all Persons holding Commissions in the Indian Department within Our
Provinces of Lower and Upper Canada, so far as the same relates to the Province of
Upper Canada, shall follow such Orders and Directions as they shall from time to
time receive from you in the Execution of this Our Instruction, any thing in the said
Commissions to the contrary notwithstanding. And you are in case of any Vacancy
in any Office or Place in the said Indian Department within Our Province of Upper
Canada, to transmit to Us by the first opportunity thro' one of Our Principal Secre-
taries of State, the name of such Person, with an Account of his Character and Ser-
vices, as You shall esteem to be best qualified for fulfilling the Duties of such Office,
for Our further Directions therein.

GEORGE R.

OPINION OF ATTORNEY GENERAL SEWELL ON THE AUTHORITY OE
THE RECTORS, CHURCHWARDENS AND VESTRIES OF THE CHURCH
OF j^NGLAND.2

To His Excellency the Right Honorable Guy Lord
Dorchester, Captain General and Governor in Chief,
in and over the Province of Lower Canada &° &P &°

My Lord,

Your Lordship having been pleased to refer to my Consideration a Letter from the

Rev*^. M^ Doty and others officiating as the Rector, Wardens and Vestry of Christ

1. From the copy in the "Instructions to Governors, Upper Canada, -1791-1839." Can-
adian Archives, M. 232, page 47.

Further representations were made by Lieutenant-Governor Simcoe and by Mr. Russell
urging a change in the administration of the Indian Department in so far as it related to
Upper Canada. The retirement of Lord Dorchester and the appointment of a new Governor
in Chief afforded an opportunity for making the proposed alteration. Accordingly this Addi-
tional Instruction was issued to accompany Lieu tenant-General Prescott's Commission a/s
Governor-in-Chief.

2. From the original in the Canadian Archibes, Sundry Papers, Secretary of State,
October, 1795.

190 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Ohurch in the Borough of William Henjry to the Lord Bishop of Quebec, requiring an
Answer to the following Question,

'' Whether the Rector, Wardens amd Vestry or Sidesmen of that Chiirch are a
" Corporation, having Authority to call Parish Meetings for the purpose of assessing
'•' the People,"—

I have now the honor of submitting my Opinion to Your Lordship's Consideration.

By the common Law of England, Churchwardens are certainly the Guardians or
Keepers of the Church and Eepresentatives of the Body of the Parish; a kind of Cor-
poration, not perfect, but with power to repair the Church, and to make Rates and
Levies upon the Parishioners for that purpose, recoverable in the Ecclesiastical Courts.

The Common Law of England however in the aggregate, forms no part of the Law
of Lower Canada, it being an established Principle, that in conquered or ceded
Counties, The antient Laws remain, until the King or Parliament shall have actually
set them aside. This is particularly the case in Lower Canada, where the antient Law
still subsists and is in fact the Common Law of the Province under a declaratory Act
of Parliament.

From the common Law of England, (in which I include the Canon Law of
England,) we cannot, I think, derive the powers and Authorities of the E^ctors,
Churchwardens and Vestries of the Church of England in Lower Canada; and in the
antient Law of Canada, which recognizes the Church of Rome only, it is in vain to
search for the Powers and Authorities of Protestant Institutions

The Statutes of the British Parliament and Acts of the Provincial Legislature,
are the only remaining Sources, to which we can look for the Powers, which the Letter
referred supposes inherent in the Rector, Churchwardens and Vestry of the Parish of
William Henry; and I must Confess I know not of any Statute or Act from which
they can be derived.

I am therefore of Opinion, that the Persons officiating as the Rector, Wardens
and Vestry of Christ Church in the Borough of William Henry are not a Corporation
and have not any Authority to call Parish Meetings for the purpose of assessing the
People.

The Letter referred proposes an extent of Inquiry infinitely beyond the bounds of
an Opinion ; But as I Conceive the immediate Object of the Writers will be answered
by what I have already said, and that the Gromids of this Opinion will prove the Senti-
ments which I must necessarily hold on the remaining points submitted for my
Opinion I humbly hope, that Your Lordship will be pleased to dispense with any
further Reply to the Inquiry, on my part — The Object is of the first Importance, calls
loudly for Legislative Interference and perhaps at this Moment ought not to be too
minutely scrutinized.

All which nevertheless is most respectfully submitted By

My Lord

Your Lordships most faithful & most

Obed*^. Servant

J. SEWELL.

Attorney General.
Quebec 10'^ June 1795.

I

CONSTITUTIONAL DOCUMENTS I9I

SESSIONAL PAPER No. 29c

OPINION OF ATTOENEY GENEEAL SEWELL ON THE EIGHT TO COL-
LECT TYTHES.i

^°P^/ To His Excellency The Eight Honorable Guy Lord

Province of It- q Dorchester Captain General and Governor in

Lower Canada j Chief in and over the said Province of Lower

Canada &P. &°.

My Lord,

In obedience to Your Lordship's Commands signified to me by M^ Secretary
Coffin in his Letter to me of the 24*-^ of August last, by which I was directed to take
into consideration the 39*"^ Section of the Statute 31 Geo 3. ch. 31. and to report to
Your Lordship my Opinion whether Protestant Ministers of the Church of England,
duly presented to any Eectory or Parsonage erected under that Act in Lower Canada,
will be entitled to demand Tythes of their Parishioners by virtue of the above Section ;
I have maturely considered the Statute so far as it relates to the subject and have
now the honor of submitting my Opinion to Your Lordship.

The 39*^ Section of the Statute 31. Geo 3. ch 31. is in these words—" And be it
'' further enacted by the Authority aforesaid, that it shall and may be lawful for His
'' Majesty, his Heirs and Successors to authorize the Governor Lieutenant Governor
" or Personj administering the Government of each of the said Provinces respectively,
" to present to every such Parsonage or Eectory an Incumbent or Minister of the
" Church of Emgland, who shall have been ordained according to the Eules of the
" said Church and to supply from time to time such Vacancies as may happen therein ;
" and that every Person so presented to any such Parsonage or Eectory, shall hold
" and enjoy the same, and all Eights, Profits and Emoluments thereunto telonging or
" granted, as fuUy & amply and in the same manner and on the same Terms and
" Conditions and liable to the performance of the same Duties, as the Incumbent of a
"Parson-age or Eectory in England."

The Question therefore for consideration is. Does the Eight of Tythes belong by
Grant or otlierwise to any Protestant Eectory or Parsonage, erected under the Statute
31. Geo 3. c. 31. in Lower Canada? Eor the Canadian Incumbent according to the
Statute is only to enjoy the Eights belonging to or granted to his Eectory or Parson-
age, in like manner as an Incumbent in England enjoys the Eights of his Eectory.

The Eight of Tythes in England is founded upon the Municipal Law, the same in
-France and in Canada (with respect to the Catholic Clergy) It is grounded upon two
Edits of Lewis the XIV made in April 1663 and May 1679,^ and on Ordinance of the
superior Council of Canada of the 4*^^ of September 1667. The Idea of Tythes Jm'e
divino has long since been exploded in England, in France and in Canada. In what
Law then is founded the Eight of Tythes supposed in the case in Question? From the
Law of England it cannot be derived, for generally speaking, the Common Law of
England forms no part of the Civil Jurisprudence of Canada;^ and I am clearly of
Opindon, that an Incumbent in Canada, cannot ground a Pretension to a Eight of Tythes,

1. From the copy in the Canadian Archives, Q. 74, pt. 2, pagfe 222.

2. The edict of April, 166.3, authorized the founding of an ecclesiastical Seminary at
Quebec, and in support of it granted certain specified tithes and the civil powers possessed by
other religious communities in France.

The edict of May, 1679, was particularly concerned with the question of tithes and con-
tained specific regulations respecfting the levying of tithes, the rights of parish priests, of tha
founders of parishes and of seigneurs on whose Lands Churches were built. See the Edicts'
Ordonnances Boyaiix Declarations el Arrets du Conseil d'Etat du Boi, edition of 1854, pages
35 and 231.

3. Confusion is apt to arise from the use of the word " Canada " throughout this
opinion. In this particular case the Attorney General is referring to Lower Canada only.
On the question of the application of English law to Upper Canada, see page 83.

192 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

upon tlie Common Law of England alone, nor can he upon the English Statute Law,
for the English Statute Law extends to Canada, only in Cases where Canada or the
British Colonies are expressly mentioned; and with respect to Tythes in the Colonies,
the Statute Law is totally silent. It is true a grant of Tythes might be derived under
the Law of England, from another Source, for, His Majesty by Right of Conquest,
became the sole Legislator of Canada, and a Right to appropriate certain Tythes has
been reserved to him by Statute 14 Geo: 3. c. 83;^ but in fact while His Majesty
remained the sole Legislator of Canada, he did not grant to any Protestant Rectory,
those Tythes which were reserved by the 27*'^ Article of the Capitulation, granted by
General Amherst in 1760,- or any other Right of Tythes, and he hath not since the
year 1774, made any appropriation or granted to any Protestant Rectory, those Tythes
which were reserved for his Disposition by the 6*^^ Section of the Act 14'-*^ Geo 3. c. 83.

The Law of France with respect to Tythes in Canada, hath been abrogated by the
Edicts of Lewis the XIV, which are before cited and tho' the Law of Canada, of which
these Edicts are part provides for the maintenance of the Catholic Clergy by Tythes,
yet in the Law of Canada, where, as I have remarked, in a former Report on a Subject
connected with the present, the Protestant Religion was not tolerated, we cannot
expect to find a Right of Tythes, granted to Protestant Revi-tories.'

It may be argued that the 39^^^ Section of the Act 31°' Geo 3. ch 31. absolutely
gives to Canadian Incumbents, all the Rights of an English Incumbent, but I cannot
conceive that the words of this Section will by any means warrant such a Construc-
tion. With respect to Tythes, it must be remarked, that very few Incumbents in
England receive the same Tythes, how then shall we determine what Incumbent in
England shall be the English Incumbent mentioned in the Act, whose Rights the
Canadian Incumbent is to enjoy, or shall we presume that each Individual Incumbent
in Canada is to enjoy, the various Rights of Tythes belonging to all the English
Incumbents collectively? Which to the ruin of the Canadian Subject would give
Tythes in Canada upon almost every thing, even Houses, which by custom are
tithable in London. This could never be the intention of that Legislature, who for
the ease of the Canadian Subject have provided by the same Act an especial fund for
the Maintenance and support of a Protestant Clergy in Canada, and declared by
Statute 18*^^ Geo 3. c. 12. that they would not impose any Duty, Tax or Assessment
whatever payable in any of His Majesty's Colonies, Provinces and Plantations in
North America or the West Indies, except onJy such Duties as it may be expedient to
impose for the Regulation of Commerce.

I have slightly remarked upon the Reservation of Tythes for the future disposi-
tion of the Crown by the Statute 14 Geo : 3. c. 83. To what I have said, I think it
proper to add, that the 5*^ and 6*^^ Sections of this Statute in consequence of the
27*^^ Article of the Capitulation granted by General Amherst \m 1760 enacts, — " That
'■' the Roman Catholic Clergy in Canada may hold, receive and enjoy their accustomed
" dues and rights with respect to such Persons only as shall profess the Roman Catholic
" Religion, Provided nevertheless, that it shall be lawful for His Majesty, His Heirs
" or Successors to make such Provision out of the rest of the said accustomed Dues
'• and Rights for the Encouragement of the Protestant Religion and for the mainten-
" ance and support of a Protestant Clergy within the said Province as he or they shall
"from time to time think necessary and expedient."

I have said that of these accustomed dues and rights, the Right of Tythes is one
and that it has not yet been granted by the Crown to any Protestant Rectory, and is
not therefore a Right which any Canadian Incumbent can enjoy under the 39*"^ Sec-
tion of the Statute 31®*- Geo 3. c. 31., but I would not be understood to infer from

1. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 403.

2. Article XXVII. of tlie Capitulation of Montreal stipulated that the obligation to pay
tithes should depend on the King's pleasure. See Constitutional Documents, 1759-1791 Short
and Doughty, 1907, page 25.

3. See page 189.

CONSTITUTIONAL DOCUMENTS

193

)5

SESSIONAL PAPER No. 29c

thence that such an Appropriation may not be made should His Majesty think it
expedient.

Upon the whole I am of opinion " That Protestant Ministers of the Church of
" England duly presented to any Rectory or Parsonage erected in Lower Canada will
" not be entitled to demand Tythes of their Parishioners by virtue of the 39*'^ Section
" of the Statute 31. Geo 3. c. 31."

All which is most respectfully submitted, to

Your Lordship's Consideration by

My Lord

Your Lordship's
m.o. & m.h.s.

Quebec 1'^ October 1795.
Endorsed — F.

J. SEWELL

Attorney General.

In Lord Dorchester's

X°. 65.
to the Duke of Portland

29c— 13

194

CANADIAN ARCHIVES

4 GEORGE v., A. 1914

AN ACT RESPECTING THE ELIGIBILITY OF PERSONS

TO BE ELECTED TO THE HOUSE OF ASSEMBLY,

UPPER CANADA.^

In the thirty fifth year of George III.

Preamble.

Disqualification
from being
eligible into
ch.e house of
assembly.

And from
being pro-
posed as a
candidate
for election.

CHAP. IT.

AN ACT to ascertain the Eligibility of persons to he returned
to the House of Assembly.

WHEREAS many natural born subjects of his Majesty, who have
sworn allegiance to other states and powers, and been resident in
the dominions of the same, have been induced, or may hereafter be
induced, by the excellency and lenity of his Majesty's government,
to become inhabitants of this Province; and whereas it is inexpedient
that such persons should be immediately admitted to all the privi-
leges of British subjects f'"'^ Therefore be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the Legis-
lative Council and Assembly of the Province of Upper Canada, con-
stituted and assembled by virtue of, and under the authority of an
Act passed in the Parliament of Greiat Britain, intituled " an Act to
repeal certain parts of an Act, passed in the fourteenth year of his
Majesty's reign, intituled," an Act for making more effectual pro-
vision for the government of the Province of Quebec, hi North
America, and to make further provision for the government of the
said Province," and by the authority of the same, That from and
after the passing of this Act, no person or persons of what condition
soever, coming from any part, place or country, not being under his
Majesty's government at the time of the passing of this Act, and
not having been a bona fide subject of the King for and during tlie
term of seven years next preceding the passing thereof, shall be
eligible to be proposed, chosen or elected as a representative, or repre-
sentatives of any county, city, riding, borough or other place, of any
description now or hereafter sending a representative or representa-
tives to the House 'of Assembly of this Province, until such persoa
or persons shall have resided for and during the space of seven years,
next ensuing the day of his coming into and settling as a subject
in the said Province.

II. And be it further Enacted, That no person or persons of what
condition soever, that shall or may have come into this Province be-

1. From the printed copy of the Statutes of Upper Canada, edition
cf 1802. This Statute was repealed by ihc Act 54 Geo. III. cap. IV.

2. The only legal restrictions on the eligibility of persons to_ be
elected to the Legislative Assembly v.ere those imposed by the Constitu-
tional Act of 1791. It was there required that a candidate be of twenty-
one years of age, "a. natural-born Subject of His Majesty, or a subject of
His Majesty naturalized by Act of the British Parliament, or a subjecjt |
of His Majesty having become such by the Conquest and Cession of the ,'
Province of C'anada." Members of the Legislative Council, Ministers of)
the Church of England, or Ministers, Priests or teachers under any form
of religious faith were excluded as also were persons attainted for treaso*
cr felony. See Consiitittional Doeumenis, 1759-1791, Shortt and Doughty,
1907. page 699.

CONSTITUTIONAL DOCUMENTS I95

SESSIONAL PAPER No. 29c

fore the passing of this Act, from any part, place or country, not
heing under his Majesty's government, and not having been a bona
fide subject of the King, for and during the term of seven years next
preceding the passing hereof, shall be eligible to be proposed, chosen
or elected as a representative or representatives of any county, city,
riding, borough or other place of any description, now or hereafter
sending a representative or representatives to the house of assembly
of this Province, until such person or persons, shall have resided in
the said Province, for and during the -space of seven yeai'S next pre-
ceding the passing of this Act.

III. --i"*:/ he it further Eriaded, That if any person or persons of Penalty for

what condition-soever, coming from any part, place or country, not proposing

being under his Majesty's government at the time of the passing of ^ bewm^a

this Act, and not having been a bona fide subject of the King, for candidate

and during the space of seven years preceding the passing thereof, "P^®^?"*^^,.

J 1 -u n J 1 • ^. 4.1 • r» • ^ f ^.\. disqualification,

and who shall and may have come into this Province beiore the

passing of this Act and settled as a subject therein, from any part,
place or country, not being under his Majesty's government at the
time of the passing of this Act, and not having been a bona fide sub-
ject of the King for seven years preceding the day of his coming
into this Province, with an intention to become a subject of the King,
and his settling as such within the same, shall propose or offer him-
self or themselves as a candidate or candidates to become a repre-
sentative or representatives of any county, city, riding, borough or
other place, now or hereafter sending a representative or representa-
tives, until such person or persons shall have resided for and during
the term of seven years next ensuing the day of his coming into and
settling as a subject in the said Province; and shall be thereof con-
victed, by the oath of any one credible witness, shall forfeit and pay
the sum of one hundred pounds; to be recovered by any person who
shall sue for the same, in his Majesty's court of his bench in this
Province; by action of debt, bill, plaint or information, wherein no
essoin, privilege, protection or wager of law shall be allowed, and
only one imparlance, one half of which said sum shall be given unto
the person sueing for the same; and the other half paid into the
hands of his Majesty's receiver general, to and for his Majesty, his
heirs and successors, for the public uses of the said Province and
support of the government thereof; to be accounted for to his Ma-
jesty, through the commissioners of his treasury for the time being,
in such manner and form as his Majesty shall direct.

IV. And he it further Enacted, That if any person or persons of Penalty for
the description aforesaid, coming hereafter to settle in this Province, obtruding
or being therein settled as aforesaid, before the passing of this Act, house of
shall be chosen or elected a representative or representatives (whether assembly
such person or persons shall have proposed or offered him or themselves ^^ af'^fioation
as a candidate or candidates or not) of any county, city, riding, bor-
ough or other place of any description, now or hereafter sending a
representative or representatives to the House of Assembly of this Pro-
vince as aforesaid, and shall presume upon such choice or election

to obtrude or present himself or themselves into the said House as
a representative or representatives as aforesaid; lie or they, shall
forfeit and pay the sum of twenty pounds (over and bcs-.ides the fore-
going penalty, if such person or persons shall have incurred the same)
29c— 13i

196 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

for every that day he shall so obtrude or present himself or them-
selves, to be recovered by any person who shall sue for the same, in
his said Majesty's court of his bench, by action of debt, bill, plaint or
information wherein no essoin, privilege, protection or wager of law
shall be allowed and only one imparlance; one half of which said sum,
shall be given to the person suing for the same, and the other half
paid into the hands of his Majesty's receiver general ; to and for his
Majesty, his heirs and successors, for the public uses of the said
Province, and the support of the government thereof, to be accounted
for to his Majesty, through the commissioners of his treasury for
the time being ; in such manner and form as it shall please his
Majesty to direct.

SIMCOE TO PORTLAND.^

N"". 13. Kingston Upper Canada.

My Lord Duke, December 21=*^ 1794.

In the present situation of Affairs in this Country, I beg to offer for Your Grace's
immediate Consideration some important Objects which will be affected by tlie Arrange-
ment now under Contemplation between His Majesty and The United States; these
Objects relate entirely to the civil Government.

A Principle on which I have considered this Government as most wisely estab-
lished, and which I have never lost sight of in its Administration, has been to render
the Province as nearly as may be a perfect image and transcript of the British Govern-
ment and Constitution. In the pursuance of this Object and in order to give weight
and respectability to the Legislative Council, which his Majesty and the Parliament
had constituted as a Branch of Government, I thought it proper, having divided the
districts into Counties^ to create Lieutenants^ selecting them where practicable from
the Legislative Counsellors and giving to the Lieutenants as nearly as circumstances
would admit, the appointments or recommendation of the Magistrates, and the nomina-
tion of the Officers of the Militia, as stated in the Circular Letter I beg to enclose
to Your Grace — * I have reason to believe this arrangement will in due Progress
answer the intention.

The Towns of Kingston and that on the River Niagara from their situation mtist
be places of great resort. I therefore beg to submit to Your Grace, That I think, It
would be for the public Interest and the Kings benefit, that These places should be
incorporated and named the Cities of Kingston and Niagara; I should propose that
the Corporation should consist of a Mayor and six Aldermen, Justices of the Peace ex
officio, and a competent number of Common Council, to be originally appointed by the
Crown, and that the succession to vacant seats might be made in such a manner as
to render the Elections as little popular as possible ; meaning such Corporations to tend
to the support of the Aristocracy of the Country.

1. From the copy in the Canadian Archives, Q. 281, pt. 1, page 164.

2. For the Proclamation dividing Upper Canada into Counties, see page 77.

3. Writing to Mr. Dundas, Nov. 4th, 1792, Lieut. -Governor Simcoe reports. " In order
to promote an Aristocracv most necessary in this Country, I have appointed Lieutenants to
rhe populous Counties, which I mean to extend from time to time; and have given to them:
the recommendatory Power for the Militia and Magistracy as is usual in England — of course,
those persons are selected, whom I have found at the Head of the respective Counties." Can-
adian Archives, Q. 279, pt. 1, page 85.

On Nov. 2nd, 1792, Commissions were issued to Lieutenants of the Counties of Essex,
Prince Edward, Stormout, Dundas, Glengarry, Lincoln, Frontenac and Kent. Lieutenants
were later appointed for the Counties of Grenville, Lennox, Addington, Lee^s and York.

4. See page 198.

COXSTITCTIOyAL DOCUMENTS 197

SESSIONAL PAPER No. 29c

I should propose that these Corporations should have maritime Jurisdiction, if
such shall either at present or in future he necessary to take place on the Lakes and
Kiver St Lawrence — The whole Jurisdiction of Lake Ontario might well be divided
between Niagara and Kingston and the intermediate Port of York.

The S*. Lawrence might be divided between Kingston and Cornwall or New
Johnstown — Erie might be divided between Niagara and the Post to be taken near to
Long Point. From thence the Jurisdiction of Long Point, might extend to the Isle
Bois blanc, and from thence, that of Chatham might begin and terminate at Cabots
Head (Pennatangushene) or Gloucester^ should comprehend all the Maritime Juris-
diction beyond that on Lake Huron and Superior and the North Western territory..

It also appears, and possibly more eminently necessary, that I should observe to
Your Grace, the propriety of establishing, probably by Treaty with the United States,
some law to prevent Criminals of a certain description finding refuge in His Majestys
dominions and those of the States, respectively. It appears to me that a vigilant
Police is most necessary on the limits of the two Countries for that express purpose;
and perhaps. It may be proper to enact stricter Laws on this Subject, and applicable
to particular Spots, that might not be justifiable or necessary to be extended over the
other parts of the Province — The straits of Niagara and the Port of Kingston are
the general places at which strangers enter the Province, and where People leave it.
It seems therefore, that establishing a Corporation at these places with adequate
jurisdiction may be of public Service in these respects.

Great Britain from its insular situation (as far as I recollect) affords no examples
of English laws being applicable to boundaries respecting a foreign Neighbour ; and
in particular, of communications by water; a division on which must form such a
boundary. — The term debateable land, when England and Scotland were seperate
Kingdoms seems to support the propriety of my wish that so soon as possible the
Laws may define & comprehend for the purposes of internal Government both the
land and water under certain Jurisdictions.

I have to observe to Your Grace these proposed Corporations, should have the
right of " suing and being sued and sufficient powers for giving efficacy to all internal
regulations and by these means of promoting the welfare of the Community, without
any of those monopolies which exist in European Corporations —

The Basis adopted for an equal Representation of the People of the Province was
Its population, ascertained by the Militia Rolls — This Principle, liable from its own
nature, and the situation of the Country to fluctuate, will in a more particular manner
become unequal, should Detroit be relinquished to the United States — It therefore
appears to me, seasonable that I should request Your Grace's directions on what estab-
lished Principle the Extension of the number of Representatives should hereafter take
place? and It may be worthy of your consideration whether in the present peculiar
Instance It may or may not be proper to give the Right of electing Members to the
Inhabitants of the proposed cities of Niagara and Kingston; which certainly will add
to their respectability — both, should include a competent tract of Ground, and for
all purposes, the former should include Queenstoion, where some Proprietors mean to
build largely the ensuing Year, and the present town of NewarTc.

In respect to existing circumstances. It appears to me of consequence, That
Niagara should be incorporated so soon as possible, were it only to preserve its name
in the Kings Dominions. It is the policy of the United States to call themselves
solely Americans, not only with the view to melt down in that general name every
part of their Confederation, but to enforce when time shall suit, their principle, " that

1. Cabot's Head and Penetanguishene are not the same place as this would seem to in-
dicate. The point which forms the Northeastern extremity of the Bruce Peninsula was then
known as Cabot's Head. Gloucester was the name given to the small bay at the mouth of tlie
River Severn.

198 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

" all Colonies connected with European Governments, or depending upon tliem are
" foreign, and invaders, and that They themselves only are the Natives."

Having no Chief Justice/ and being at a distance from the Attorney General"
I have thought proper at the present Crisis to offer These ideas to Your Grace In
hopes that should they be deemed worthy of attention. Charters of incorporation with
such powers may be forwarded to me from England, before the meeting of the next
Session; and I am to observe to Your Grace, That as by Act of Parliament" the en-
suing Session will be the last of the present House of Assembly, It will be provident,
to pass every Bill, that may be necessary before it be dissolved, as it not be prob-
able that a more loyal or better disposed set of men will be again reassembled.

It has been represented to me, that the Act of Parliament which established the
Constitution of this Country, specifying that the Lands should be granted in free and
common soccage*, is at variance with His Majesty's Instructions which preclude my
granting Lands without The reservation of Mines which may be discovered"; and It
is stated to me that a Grant in free and common Soccage reserves only to the Crown,
Mines of Silver and Gold.

I shall be glad of Your Grace's immediate directions on this Point; in particular
as I meant to submit to you whether the grant of Iron Mines might not be made by
the Government of this Country, there is every probability that They may be use-
fully worked — And I presume that His Majesty's Ministers do not mean to follow any
system which may preclude such rude Manufactures as may be necessary for the
benefit of the Conntry.
**** * ** * »

I have the honour to be with great Respect and Deference.

My Lord Duke
Your Graces's
His Grace, most Obedient and

The Duke of Portland most humble Servant

&c, &c, &c. J G SIMCOE.

Endorsed :— Upper Canada, 21^' Dec^ 1794.
L*. Gov'. Simcoe,
E. l^t May.

Ans"^.

N°. 13.

ENCLOSURE.

SIMCOE TO LIEUTENANTS OF COUNTIES.^
(Copy.)

Sir

Having thought it necessary for the public benefit to create Lieutenants of
those Counties within the Province which are sufficiently populous to require such a

1. Chief Justice Osgoode had been removed from Upper Canada to succeed Chief Justice
Smith in Lower Canada. The appointment of Mr. Elmsley as Chief Justice of Upper Canada
was not made until 1796,

2. The Attorney General was Mr. John White, who came out from Eng^land in 1792, and
who was elected to the first Assembly for the counties of Leeds and Frontenac. Mr. White
resided at York.

3. See Article XXVII. of the Constitutional Act, CunstlUdional Documents, 1759-1791
Shortt and Doughty, 1907, page 700.

4. See Article XVIII. of the Constitutional Act.

5. See Article 40 of the Instructions to the Governor of Upper Canada, page 43.

6. From the copy in the Canadian Archives, Q. 281, pt. 1, page 173. Simcoe elsewhere
6tates that this letter was dated Nov. 1st, 1792.

COXSTITUTIOXAL DOCUMENTS 199

SESSIONAL PAPER Mo. 29c

Superintendency, I enclose to you a Commission under the Great Seal of Upper
Canada appointing you Lieutenant of the County of

It may not be improper to observe that this high office under the Constitution of
Great Britain is generally conferred upon the Persons who seem most respectable
to His Majesty's Government for their property, Loyalty, Abilities and Discretion in
their several Counties, and who from a combination of such Possessions and Qualities
acquire that weight, respect and public confidence which renders them the natural
support of Constitutional Authority.

If on the one hand this Office has been at all times bestowed by the Sovereign
with the Circumspection and Caution due to the Important Trusts which it involves;
on the other; itihas been a principal object of honourable Ambition which the British
Constitution approves in the first Men of y^ State making a due provision of Power
for that legal Aristocracy which the Experience of Ages has proved necessary to the
Ballance and Permanency of her inestimable form of Government.

In Naming You, Sir, to this office on the first establishment of the true British
Constitution in her Colony of Upper Canada, I am influenced by the Consideration
of finding you already at the Head of the Civil Jurisdiction of the County in which
you reside, and having the same Opinion of Your Loyalty, and Character which oc-
casioned Your Original Appointment, I am happy in adding my public Testimony
to that of Lord Dorchester.

It is my wish, that the Magistrates whom you are now to superintend may appear
to you to be worthy to be continued in Office, but should there be Improper persons in
that Station, You will be pleased without hesitation to give me the necessaiy Informa-
tion.

A Commission will probably be issued soon after the meeting of the Legislature,
agreeably to the British Custom including Such persons in each County as shall appear
proper to be continued, or added, if any Addition shall seem necessary to the Several
Lieutenants as Justices of the Peace.

In regard to the Militia of your County, as it is to be supposed that the Legisla-
ture will shortly frame a General Act for the Province,-"^ I should not wish at present
to make any Alterations in its Officers; You will be pleased however to be prepared
with such lists as may be necessary to fill up any Vacancies or to supply any Aug-
mentation, should such appear requisite — All Commissions are to be recommended by
you, and if then they shall be approved by me, they are to be signed as in the British

Act by you as Lieutenant 1 beg to observe that I consider all those who keep

Taverns, however respectaible in their private Characters; as not admissable either as
Officers of the Militia or Justices of the Peace. You will be pleased to take the
Customary Oaths with as much Publicity and Solemnity as possible.

I am Sir &c.

[signed] J. GEAVES SIMCOE

Endorsed:— N°. 1 In L*. Governor Simcoes, N°. 13 To the Duke of Portland, of
the 2ist. Dec^ 1794.

1. A general Militia Act, 33 Geo. Ill, can. I, was passed by the Legislature in its next
session and in it the position of the Lieutenants of Counties was formally recojrnized.

1, 200 C AX AD I AN ARCHIVES

4 GEORGE v., A. 1914
COMMISSION TO LIEUTENANTS OF COUNTIES, UPPER CANADA.^

GEOKGE the THIRD by the Grace of God of Great Britain France
J and Ireland KING Defender of the Faith &c &c

1:

g To Our Trusty and welbeloved Alexander McKee Esqr^ Greeting;

*- We reposing especial trust and confidence in your loyalty courage and prudence,

^ have constituted and appointed and by these presents do constitute and appoint you

to be Our Lieutenant in and of Our County of Essex in Our Province of Upper
" Canada, to have hold exercise and enjoy the said place and office together with all

rights, privileges and advantages to the same belonging or appertaining during Our

pleasure, and We do hereby authorize and empower you to muster array and exercise
^ all and every the Militia within your said County, and to cause the same to be mustered
^ arrayed and exercised according to such instructions as from time to time shall be
^ given or sent to you, by Our Governor Lieutenant Governor or person administering

the Government of Our Province aforesaid. —

In Testimony Whereof We have caused these Our Letters to be made Patent and
^ the Great Seal of Our Province of Upper Canada to be hereunto affixed — Witness Our
^ Trusty and welbeloved John Graves Simcoe Esqr Our Lieutenant Governor Colonel
■* commanding Our forces in Upper Canada
^ At Our Government House Navy Hall in the County of Lincoln this 2nd day of

November, One Thousand Seven Hundred and Ninety-two, and in the Thirty-second

year of Our reign.

(Signed) Wm. Jarvis Secy.

3 SIMCOE TO PORTLAND.^

N°. 16. Upper Canada Kingston

January 22'*. 1795.

J My Lord Duke.

In addition to the objects, stated in my Letter, N" 13,* I have reserved a subject
of great importance which at the present crisis it seems eligible should be distinctly
submitted to Your Graces consideration.

I refer to the propriety of immediately establishing, or not, some positive princi-
ple or rule for the due application of any Income which may hereafter arise from the
lands directed to be reserved for the benefit of the Crown; agreeably to the opinion
of his Majesty's Ministers as contained in the Extract of M'. Secretary Dundas
Letter herewith enclosed.

There is perhaps no distinct Article of the Provisions made in support of the
Establishment of the British Government in Upper Canada more just in appearance,
and that I trust may become more efficacious in the result, than " that the Extent of
"these Preservations should not be less than what has been directed (by Act of
"Parliament) to be allotted for the Protestant Clergy."^
. The General and partial Arrangement of such Reservations; The Securing of

tliem from undue Encroachments ; and the Application of them to public purposes, are,
severally, objects of much difficulty, and that require great Attention and Management.

' 1. This copy of the Commission issued by Simcoe is taken from " Lib. A. Commissions.

folio 18" in the office of the Secretary of State for (!anada.
■' The Commission to Alexander McKee is selected because of its being the first Issued to

I Lieutenants of Counties.

2. See page 178, note 2.
• 3. From the copy in the Canadian Archives, Q.281, pt. 1, paq:e 220.

4. See page 196.

5. Sse the despatch of Mr. Dundas to Lord Dorchester, No. 1 of September 16, 1791,
quoted supra, page 59. note 3.

CONSTITUTIONAL DOCUMENTS 201

SESSIONAL PAPER No. 29c

The establishment of the British Constitution in this Province may be contem-
plated as a most wise and necessai-y measure, in a variety of respects, but more
especially, as offering the best Method gradually to counteract, and ultimately to
destroy, or to disarm, the Spirit of democratic Subversion, in the very Country which
gave it existence and growth; and this it is reasonable to believe may be effected, by
exemplifying a better practical system of internal Government, than the seperate
States of America can possibly demonstrate; and setting forth the Superior Advan-
tages which an Union with Great Britain presents to this Province to what can be
offered to the Subjects of the various States by their Confederation.

I beg to observe, that as it was on this foundation that I undertook the Adminis-
iration of the Government of the Province of Upper Canada, so I can assure Your
Grace that in no one instance in my power have I willfully departed from its princi-
ples, I have therefore endeavoured to establish the form as well as the Spirit of the
British Constitution by modelling all the minutest branches of the Executive Govern-
ment after a Similar system, and by aiming as far as possible to turn the Views of
His Majesty's Subjects from any attention to the various modes and customs of the
Several Provinces from which they emigrated, to the contemplation of Great Britain
Itself, as the sole and primai"y Object of general and particular Imitation.

It is evident, that in the due course of events an Uniform Adherence to this
point; just support, and proper Examples, may produce the most important Effects,
and in a manner, that has never yet been experienced in Any British Colony, &, gradu-
ally anglicize this internal Empire — but while this and all other Arrangements must
be progressive in their Effects, a most striking and immediate Superiority is given to
the British Province; by the terms, on which, his Majesty, in his benevolence, has
directed the Crown lands to be granted, forming a perfect Contrast with those which-
the United States offer to their Settlers.^

This very circumstance will, I hope, impede those Settlements from whose vicinity
as I have elsewhere particularly observed to Your Grace, there seems a well founded
apprehension of danger to this Province — but the obvious and inestimable advantage
which the Settlers in the Kings dominions may derive over those of the United States,
is, that their present exemption from taxation will be the inheritance of their pos-
terity, (for whose welfare the American Farmer is peculiarly provident) : and that this
immunity will arise from the Provision made in the reservations of the Lands of the
Crown for the Support of Government.

In this respect therefore, My Lord Duke, the benevolence and wisdom of his
Majesty's Government, at this moment, forms a Complete Contrast, with the Avarice,
and Want of foresight in the Seperate States, or the Confederation of the Republick,
nor is it possible that any ancient Possession, or probable, that any future acquisition
of the United States, shall otherwise be regulated, than to become the subject of un-
conditional sale, to the Land Jobbers of America or Europe.

The oppression, it may be said, the impracticability of raising taxes in a Country
So internally situated, as is the case of Upper Canada, may be fully represented to
Your Grace, in the Speech of a Representative of Pennsylvania^ which I beg to submit
to you, on the Subject of the recent disturbances at Pittsburg, it is copied from a
Newspaper; while this Speech instructs those who administer the Government of
Upper Canada, what it is proper to avoid, it corroboi'ates the Superior Advantages

1. Sep Ihe Prnclamjifion rplatin" to the settlement of Crown Lands, supra. paj!:e 60.
The cnnflition=i attachpfl to Grants of the Crown Lands in Upper Canada were similar to those
adopted in the Lower Province.

2. The speech referred to was delivered by Mr. White on the motion for the appoint-
ment of a Comnii<tre of the Legislature of Pennsylvania, to brinir in a Bill authorizing the'
Governor 1o complete the Quota of Militia reriuired from that State by accepting: voluntary
enrollments and to provide bounties for surh volunteers. The speech contained a criticism
0( the treatment received by the western settlers from the federal Government. See Canadian
A'ch;\es. Q. 281, pt 1, page 234.

202 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

which his IMajesty's Subjects, in local Circumstances not very different, must derive
I'rom a more provident Attention to their Happiness and future Welfare.

Under similar Impressions at the close of the first Sessions of the legislature of
this Province,^ I adverted to the Object of these Reservations.

I not only My Lord Duke had in Contemplation the permanent Effects likely to
flow from these Reservations, and the Strength and immediate Animation, such Ap-
propriations would give to the Settling of his Majesty's dominions, but the Convic-
tion that the Reservations could never be effectually guarded and preserved, unless the
Legislature of the Country and the People at large; felt an interest in the Advantages
to be deduced from them.

This Opinion I entertained from a perfect knowledge of the manners of those
Individuals who settle in distant Coimtries, and that they will not be restrained from
occupation, bi:t by force; and from General Observation, on the very unproductive
Nature of the Quit Rents, in America which although in the infancy of the Rebellion
were invidously stated by the Congress, as soon to pour immense Wealth into the
Hands of the Crown, It has never been thought advisable to collect since the Sepera-
tion.

The General Arrangement of these Reservalions, as far as Grants have been made
under the present Government, has been communicated to M"^. Dundas in my letter N".
17,- I have thought it proper to make in addition to those Reservations, and independ-
ant of the general Principle; Specific Appropriations for such purposes as I am now
cariying into effect; such as, to remunerate the expences of o'^emng i\iQ Military Roads
by the Soldiers, building Inn>s or Posts necessary for Communication, and the erection
of a Wharf at York — such reserves, I hope, will by sale, reimburse the Original ex-
pence, and (if from Circumstances the Sale should be differed,) the interest accumu-
lating on its Expences.

But upon the general view of these Reservations, I am of Opinion, that they
should not be sold, but leas'd for as short a term as may be reasonable, at an annual
Rent.

Having offered these observations to your Grace's notice, I beg leave to submit
to You, whether at this period, so critical and important in respect to the Province of
Upper Canada, It may not be for the King's Interest, that, at the ensuing Meeting of
the Legislative Council and Assembly, [the last Sessions under the Act of Parliament]
] should communicate to the Houses his Majesty's gracious Intentions in making
such Reservations ; and that in such formal tenns, as may be sufficient to prevent,
hereafter, any absolute Grants of these lands being made to Individuals, or being
perverted from their original intention, and permanent Appropriation?

If the particular Circumstances of this Province shall render such a Measure
advisable in Your Grace's Judgment, I beg permission to observe, that I suppose it
might be carried into execution by a gracious Message of His Majesty's expressing
his Royal desire, and. benevolence ; & upon such a Message, it might be proper to
ground a Summary mode of proceeding under the Authority of the Legislature against
those who should infringe upon such Reserves, a very necessary object, and which
mode might be equally extended for the Security & preservation of the Lands appro-
priated for the nuiinteuance of the Protestant Clergy.

It might be not improper, in the royal Message, to stipulate and define the pur-
poses to which the reservations as they shall hecome productive; may in regular pro-
gression be applied, such as the Civil Government, the Marine, the Fortresses, the
Troops of the Crown, and such objects as may l>e considered, for the general Advantage
and protection of the Empire, leaving, the Provisions for the internal Government
of the Counties or districts to be furnished from other resources.

1. For Simcoe's speech at the close of the first session of the Legislature see the Can-
adian Archives, Q. 279, pt. 1, page 132.

2. For Simcoe's letter No. 17, see the Canadian Archives, Q. 279, pt. 2, page 332.

COXSTITUTIOyAL DOCUMENTS 203

SESSIONAL PAPER No. 29c

I take this opportunity of mentioning to Your Grace, that having received from
the Bishop of Quebec a Copy of his letter to !M'' Dundas of the 15*^^ September 1794^
I shall shortly through his Lordship offer my Sentiments on the Subjects therein
stated; a matter of the most serious Consequence.

It is proper also that I should notice to Yov^r Grace that in the Act of Parlia-
ment by which this Province was constituted and which has been justly considered
as its Magna Charta the forty sixth Clause Confirms his Majesty's Right in Parlia-
ment to enact such laws and exercise such power as may be necessary for the regula-
tion of Conimerce and the general Benefit of the British Empire therein; the next
clause; The Forty Seventh clearly intimates, "that the Net Produce of such Duties
" as may be collected in future shall be applied by the Legislature of the Province."'

It has been suggested in the House of Assembly that this Clause, gives the legis-
lature a retrospective claim as far as the present Duties may be Concerned, to be made
acquainted with their application — Means have been taken to prevent any formal
motion in this respect 'till such time as I am informed of the Opinions of his Majesty's
Ministers on the Subject but as it is evident, that a very considerable Part of the
Duties now raised, are Articles consumed in the Indian Trade within this Province,
and by its Inhabitants, and there is reason to believe that the trade for Einn may be
extended from thence to the Subjects of the United States; and more particularly as
M'. Dundas has stated in his letter, N° 2 September 16"^ 1791, to Lord Dorchester;^
the disposition of his Majesty's Ministers to obtain a repeal of such duties when-
soever the Legislature of the Province shall establish an equivalent for them; It
feems therefore to be just, that the Amount of such duties should be duly laid before
the legislature of the Province that when circumstances shall render it expedient
adequate means may be adopted for their repeal.

It is scarcely possible, My Lord Duke, that a Conamutation of these duties will
take place for many years; But, as it seems, their annual Account may be readily
laid before the House of Assemlbly and legislative Council, and by so doing some
dissatisfaction might be prevented without any detriment to the King's Service, It is
therefore; I have thought it proper to make this Statement to Your Grace — If it
appears in any view objectionable, I have little doubt but I shall be able, at present,
to prevent this question from being agitated.

Your Grace will also have the goodness to consider on the 43, and 44 Sect: of
the Act alluded,* so far as the latter clause expressly stipulates the grant of all lands,
" in free and Common Soccage to such persons who held Certificates of occupation ;
and whether as I have intimated to Your Grace if by the Nature of such Grants, all
Mines, Gold and Silver excepted, become the property of the person holding the Grant,
it may not be advisable that the instructions^ which prohibit the granting of Lands
without the reserves of mines and timber and on which my Proclamation of the 7'^'^
of February 1792'^ was founded may not be done away.

As I do not perceive any injury which will accrue to the Crown or the Public by
the annulling of these restrictions, It seems to be proper on all accounts that the
future Inhabitants of the Province should be placed upon the same footing in their
tenures as the Original Settlers; in particular, as the latter enjoy a very peculiar
Advantage which may justly be considered as a sort of primogeniture in the not having
their lands seperated and divided by those intervening Reservations, whicli are to
take place in the New Grants.

1. This letter contains a review of the condition of the Church of England in Upper
Canada and suggests ntieans for promoting its interests. See the Canadian Archives,
Q. €9, pt. 2. page 385.

2. See Constitiitinual Documents, 1759-1791, Shortt and Doughty, 1907, page 707.

3. Ibid, page 692.

4. Ibid, page 70G.

5. See Artifles 3C and 40 of the Instruction:^ to the Governor of Upper Canada, supra
pages ^2 ard 43, and also the Additional Instruction, page 205, note 2.

6. See page 60, note 1.

204 CANADIA^' ARCHIVES

4 GEORGE v., A. 1914

Having thought it proper to communicate to Your Grace the Speech Marked iV
as applicable to the Subject now before me, I am sure I shall be pardoned for observ-
ing that It substantiates in a very eminent degree the necessity as well as the pro-
priety of the happy application of the Provisions wanted for the victualling of tlie
Kings forces, to the encouragement of the Agriculture of this Province — the same
extension in the purchase of Stores for its naval Armaments, will I trust in no very
short period lay the foundation for the rapid Growth of Hemp or manufacture of
Canvass, and in the present Crisis of European Affairs, I am happy to believe, that
nothing but want of reasonable support and systematic Arrangement will prevent a
successful termination of the great experiment, whether the Enjoyment of the princi-
ples and foi-ms of the British Constitution, internally, and a common interest and
union, externally, may not attach for Ages This Commanding Province to the side
of Great Britain ?

At least admitting the apprehensions of the Lukewarm and desponding to govern
the Subject, it is reasonable to presume an internal and compact Government may be
built up, which in its interests, and Commerce, would be more united v.'ith the States
of Europe than those of the Atlantick Shores of America.
I have the honour to be with the utmost Respect,

My Lord Duke
Your most Obedient and most
humble Servant

J. G. SIMCOE.
His Grace

The Duke of Portland
One of His Majesty's Principal
Secretaries of State,
&c., &c., &c.

Endorsed:— Upper Canada 22^. Jan^. 1795
L*. Gov'. Simcoe.
Rd. l«t May

Ans<^.

N°. 16.

PORTLAND TO SIMCOE.^

Whitehall 20"^ May 1795.
Lieut. Governor Simcoe,

N°. 7.—
Sir,

Since my Dispatch to you of the 9*^^ instant, I have laid before the King your
letters numbered from 12 to 17 inclusive, with their several Inclosures,

I am well aware of the difficulties under which, from a combination of circum-
stances, you have been obliged to regulate your behaviour toward the American States,
and I am happy in giving you this testimony of my entire approbation of your
conduct.

I have maturely considered the Contents of N°. 13^ and I should be wanting in
the duty I owe to my Station, if I were not unequivocally to state it as my opinion,
that neither the Plan of creating Corporations, nor that of establishing Lieutenants of
Counties, is at all eligible, in the present situation of Canada. What it might be

1. See page 201. note 3.

2. From the copy in the Canadian Archives, Q. 281, pt. 2, page 328.

3. See page 1£6.

CONSTITUTIOyAL DOCUMENTS 205

SESSIONAL PAPER No. 29c

prudent to concede to an earnest desire of the People, is one question, What it is
expedient for Government to bring forward, or propose, is another.

Both the Measures seem vei-y unfit to be encouraged by the Parent State in a
dependent Colony— The Legislative Power being given up to an Assembly of their own.
it is only thro' the executive Power, vested in the Person having the Government of
the Province, that the Sway of this Country can be exercised — Every kind of Authority
that is not inconsistent with the Constitution given to the Province, ought, therefore to
be concentered in hib hands— Whereas the evident tendency of both these Measures,
is to fritter down his direct Power, and to portion it out among Corporations and
Lieutenants, who, on many occasions, may be disposed to use it in obstructing the
i^[easures of Government, and, in all events, will require, to be courted and managed,
in order to secure the right direction of the Influence thus unnecessarily given them.
T have entered purposely more at large into these proposed Measures, because I observe
that your adoption of them arises from an idea, that by assimilating the modes of the
Government of the Province, to the modes of the Government of England, yon will
obtain all the beneficial effects which we receive from them — Whereas to assimilate a
Colony in all respects to its Mother Country, is not possible, and if possible, would not
be prudent. The one may have many Institutions which are wholly inapplicable to
the situation of the other — Some there may be, which we permit to continue here only,
because they already exist, and are interwoven with other parts of the Government, but
which, perhaps, if we had a choice, we should not now be disposed originally to intro-
duce— Such, in the Opinion of many, are Corporations, and separate Jurisdictions of
all sorts. Others there are which may be objectionable in a Colony, as tending to
lessen the Authority which the Parent State ought to possess over it, as long as that
relation subsists between them — Of this description I conceive to be all subordinate
Powers created in the Colony, beyond those which are absolutely necessary for its
internal Police — The Power of the Person having the Government, is the Power of
this Country ; but such subordinate Powers as are proposed, are not ours. — We have no
Connection with, or direct Influence over, those who exercise them — They are rather
means and instruments of Independence. — Having said thus much, it must depend on
local circumstances and further consideration, how far it may be expedient to attempt
to undo anything that has been already done;^ but I can see no ground that will
authorise me to encourage the further prosecution of either of the Measures in ques-
tion.

I have referred to the Lords of the Committee of Privy Council for Trade and
Plantations what you have stated respecting Mines and Minerals, with a view to
receiving their Opinion, whether His Majesty's Instructions respecting them, may
not be considered as applicable to Royal Metals only, viz. to Gold and Silver.^
*«* * ** * *

With regard to that part N°. 16^ which respects the Crown Lands, having
already written at large to Lord Dorchester,* I have now only to enclose the same for

1. See page 196, note 3.

2. It -nas later decided to reserve only mines of gold and silver. An Additional Instruc-
tion dated July Gth, 1797, was accordingly sent to Governor Prescott and to President Russell
to the efiect that " Our Will and Pleasure is that in all Grants of Lands which shall be made
within Our sairl Province a Clause be inserted (in lieu of the clause above mentioned), reserv-
ing to Us, Our Heirs and Successors all Mines of Gold and Silver only which shall be dis-
covered upon such Lands; Provided nevertheless, and it is Our further Will and Pleasure
that in such Particular Grants of Lands, which may be made in Our said Province,. |in
respect whereof you shall be of Opinion that it will be for the Public Interest, that Coals and
all Mines of Copper, Tin, Iron, and Lead discovered therein should be reserved to Us, Our
Heirs, and Successors, such Clause of Reservation be inserted therein as is contained in tliLs
behalf in the atove recited Instructions to Governors of Lower Canada, (Canadian Archives
M. 231, page 71).

3. See page 200.

4. This letter, Portland to Dorchester, No. 13, of April Gth, 1795, is not enclosed It mav
be found in Q. 71, pt. 1, page 91. The Duke of Portland there remarks

" The very ample provision which, in process of time, the Church Lands will afford to the
Protectant Clergy, will doubtless, at a future period, render the perception of Tythes unneces-

206 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Your guidance and direction; and I beg leave to add, that I feel much satisfaction at
Your early attention to a matter of such importance as the due care and management
of the Reservations both of the Church and Crown Lands.

The Crov/n Eeservations will certainly, in the Progress of time, form a consider-
able Fund, towards supporting the expences more immediately appertaining to the
Executive Branch of the Legislature; it therefore becomes a primary object to that
Legislature, to preserve those Reservations from being lessened or deteriorated by means
of Trespasses committed on them or by any Species of Fraud whatever. Notwith-
standing this, I am of Opinion that it would not be proper to define or limit the
appropriation of them in the most distant degree, for any Specific Services at a future
period. Such a proceeding would take that grace from the Crown which should
accompanj' those Acts which, from time to time, it may perform for the relief of the
Province, and the support of its Government.

I do not see the slightest objection to the Assembly being made acquainted both
with the Amount and the application of Monies raised by Duties paid by the Prov,-
ince. Such a system so far from being detrimental, must always be of Service to
His Majesty's Interests. I am of Opinion that the whole Expenditure of the Prov-
ince, as well as the public Revenue arising from it, should be laid before the House,
that it may be aware of the great disproportion between them, and consequently be
impressed with the generous and liberal conduct pursued by Great Britain for pro-
moting the strength, wealth, and general prosperity of the Province.

I am &c.

PORTLAND.

Endorsed : — Dra*.

To L*. Governor Simcoe
May 1Y95.

SIMCOE TO PORTLAND.^

Upper Canada
Navy Hall BO^^. October 1795.

N°. 30

My Lord Duke,

I do myself the honour of acknowledging your Grace's Letter N°. 7 of the 20*^^. of
May.

It is with the most solid satisfaction, that I receive Your Grace's approbation of
my conduct in the late transactions with the United States, under difficulties, origin-
ating from the most extraordinary occurrences; and which, both as a Servant of His
Majesty, and as a Man, I cannot but feel my great good fortune in having escaped.

sary, and it therefore becomes a very material object, to adopt siicli measures, as may tend
most directly and immediately to render them, as well as the Crown Lands, in eome desree
productive. With this View, I submit to Your Lordship's Consideration, whether it may not
be proper to form a Committee of the Executive Council, for the care and management of
the Church and Crown Lands, who should be authorized and instructed to lett the same to
the possessors of adjoinins Lots, or other Persons, for terms of years, or for Lives, on certain
reserved Rents, to be respectively received and manas'ed for the benefit of the Crown, and tlie
future Incumbents of the Rectories which shall be established in respect of such Lands, pu"-
suant to the Canada Act.

The Church and Crown Lands will, of course, become of some Consideration, in propor-
tion as the Lots adjoining to them become cultivated, especially to the holders of the adjoin-
ing Lots. And it seems highly proper, that some competent, respectable, and responsible
mode of minaging them should le .idopted without delay. I am therefore desirous that Your
Lordship should Consult with His Majesty's Law Officers on this Subject, as well as with
the Bishop of Quebec as far as the Church Lands are concerned, and report to me, for His
Majesty's information, the result of your deliberations.

1. From the copy in the Canadian Archives, Q. 282, pt. 1, page 6.

CONSTITUriOyAL DOCUMEXTS 207

SESSIONAL PAPER No. 29c

I beg leave to offer, to your Grace, a few Observations in vindication of the
principles which have regulated my Conduct, as submitted to your Grace, in my Letter
N°. 13,1 ^^(j ij^ answer to which you are pleased to state as your Opinion "that neither
the Plan of creating Corporations, nor that of establishing Lieutenants of Counties
are at all eligible in the present situation of Canada."^ the very high Respect that is
personally due to Your Grace, as well as that which I owe to your dignified station,
make it necessary in my own Justification, not to be too apprehensive in engaging Your
Grace's time; particularly, in the elucidation of objects of no trivial Lnportance.

It appears proper that I should state to your Grace, that, uncontrovertibly, on
my receiving the administration of the Government of this Province, under the Canada
Act, I did conceive, and stated to His Majesty's Ministers, that I considered the Act
as the Magna Charta of the Colony, and that it was my duty to render the Province
as nearly as may be "a perfect Image and Transcript of the British Government and
Constitution " — The forms of the British Constitution, from the very seed plot in the
Province to their Maturity in the Parent State, being in my Judgement, essentially
necessary for the preservation of the Public Tranquillity, and the best Security for
Colonial Allegiance — this certainly is personal opinion, & the whole attempt to
govern a Colony on these principles, is undoubtedly, an Experiment; but the Experi-
ment originates from the new and distinct Constitution given to Upper Canada, and is
sanctioned by it; and my jKirsonal Opinion has uniformly influenced my pub-
lic Conduct; for had M'' Fox succeeded in his Motion of rendering the Legislative
Council of the Province Elective,^ It is well known that I should have, respectfully,
declined the Administration of the Government.

I have already stated to your Grace, in N°. 13, that to give a Constitutional
Respectability to the Members of the Legislative Council was a principal reason for
my establishing Lieutenants of Counties, but it by no means was the Sole one — the
distance that the seat of Government, wherever placed, must be from many parts of
the Colony, seem to me to require a gradation of Ofiicers as absolutely necessaiy for
its internal and subordinate regulation. Nothing presents itself more naturally than
leaving the Superintendancy of such regulation in the hands of Persons whom the
Colonists, principally disbanded Soldiers, have long been accustomed to consider, as
their Leaders ; by having exercised the Administration of Justice, or having commanded
them in the Field; and from such Persons, It appears to me, that the recommendatory
Power of adding to the Magistracy and Militia, where necessary, must have been
dedufed, under whatever name, had I not neglected the Public Interest; and that the
appellation of Lieutenant, by no means a novelty in the ancient Colonies, while it
contributes to their personal respectability, detracted in no degree whatsoever, from
the direct Poiver, but added much to the Influence of the King's Representative; at the
same time that it concentered, and rendered manageable, the internal Government of
this extended Province — And of such utility, I beg to assure Your Grace, I have
found it.

1. See page 196.

2. S-e page 204.

3. The position of Mr. Fox is set forth in his reinarks on the clauses of the Quebec
Govcrniiicnt Bill relating to the Legislative Council.

" I'ste d, thrrefore, of the King's Naming thr> Council at that distance — in -which ca.se
they had no seci'rity that i ersons ( f uroperty, and persons fit to be named, would be chosen —
wii-hii 8, as ho <'id, to put the frefdom and stability of the Constitution of Canada on the
ftron est bsis, he proios.d (h t the couT»cil .slu/uld be elective. But how elective? Not as
the men bets of the Hijr.se of Ass:"mbly Avere intended to be, but upon another footing. He
proposed that the members of the Council should not be eligible to be elected unless they
possessed qualifications infinitely hi^rher than those who were eligible to be chosen members
of the l?ouse of Asstmbly. By this means, they would have a real aristocracy chosen by
persons of property from among persons of the highest property, and who would thence neces-
sarily possess that weight, iniluence, and independence, from which alone could be derived
a pov er of guarding against any innovations that might be made, either by the people on tha
one part, or the Crown on the other." Parliamentary History of England, Vol. XXIX, 1791*
1792, page 411. ■ ^ . . '

208 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

But I have to represent to your Grace, the awful example of the late American
Rebellion; from the beginning to the end, from its progress to its maturity, It is
considered by the Loyalists of this Country, as the most scandalous and Swindling
Transaction that has disgraced the Annals of Mankind ; The formation of Committees,
who with extreme activity exercised all the subordinate OiEces of Government, and
possessed themselves of the Civil Sword, which they without hesitation exerted with
unrelenting Severity against their Opponents, was the principal mean by which the
Rebellion was brought to a certain degree of maturity, even before It was suspected in
Great Britain; such a Lesson, most surely. My Lord Duke, inculcates the necessity
of providing a vigilant, and pervading, and active authority to superintend every
division of a Province, physically separated into so many detached parts ;and, I know
of no Arrangement of equal Utility and Wisdom, with that which the Counties of
England exhibit as the platform of their internal Government, in the due Connection
of the Aristocratic and Democratic System of their Magistracy.

I therefore, upon the most mature deliberation cannot but consider, the Establish-
ment of Lieutenants of Counties, as the natural result of the Constitution of the
Country, and as essential to the Kings Service ; and since all my statements previously
to my leaving England,^ and during my administration of this Government,have been
formed on the propriety of supporting that just Aristocracy which the Canada Bill has
provided for;^ and since, I have always estimated this Power, as barring the Avenues to
disaffection and Sedition, by making a constitutional Provision against those turbulent
Talents which may otherways with great facility gain a more than Aristocratic Ascend-
ancy over a People, composed as are the generality of Colonists, and who by the
possession of such means may be capable and desirous of disturbing the Operations of
Government in the slightest, as well as the most essential particulars; and since, I
have always contemplated this aristocratic Power as being the truest safe guard of the
Sovereignty against such Machinations, particularly in a Province where the direct
Weight of the Executive Power is a Eeather,^ and It possesses none indirectly, the
Military being vested by the Commander in Chief in Inferior Agents. So I beg leave
with all due deference to Your Grace, from these Opinions to deduce the Observations,
that I should be very happy was their sufBcient property and other Qualifications in
?ny Members of the Legislative Council to see the provision of the Canada Act, in this
respect, immediately completed by an hereditary Seat derived from a Title of Honor
being vested in their Families.

I cannot therefore under such impressions but feel myself proportionably mortified,
by the measures which I have substituted, in some degree as preparatory & leading to
that event, being disapproved of by Your Grace.

It may not be unnecessary for me to observe to Your Grace, that when I speak of
assimilating the modes of Government to those of the Parent State, I principally allude,
in matters of less consequence, to checking the Elective Principle from operating so
universally as it does in the United States; but which, as may be seen in some of the
Acts, though I have been enabled to restrain, I by no means had the Power to abolish.
The House of Assembly being in many respects at their first meeting tenacious, and
untractable; the Legislative Council having more than once prevented me from the
necessity of giving a negative to their Bills I must also beg leave to submit to your
Grace, that in the Legislative Acts of this Province Care has been taken, to avoid the
Introduction, of those, which seemed irrelevant to its situation; or which were
generally supposed to have been proved to be inconvenient in the parent Country.

But since Your Grace considers the recommendatory Influence which I have
attached to the Station of Lieutenants, agreeably to the tenor of my letter to them, as

1. Lieut.-Governor Simcoe's views on the GovernmeBt of Upper Capada were expressed
in a long despatch to Mr. Dundas in June, 1791. See Canadian Arcliives. Q. 278, page 228.

2. Articles V. to X. of the Constitutional Act provide for tlip confervjiio; of hereditary
titles of honour on members of the Legislative Council. See Constitutional Documents,
1759-1791, Shortt and Doughty, 1907, page 696.

3. See the opinion of Sir J. C. Sherbrooke on this auestion, page 490.

CONSTITUTIONAL DOCUilENTS 209

SESSIONAL PAPER No. 29c

given unnecessarily; and since you see "no grounds to encourage the further prosecu-
tion of the measure,''"^ I feel it as my bounden duty, implicitly, to follow Your Grace's
Ideas, and without hesitation to sacriiiee my own Judgement to those principles of
due subordination, which, in official measures, will I trust, ever regulate my conduct.
I shall therefore submit to Your Grace's further Consideration, the local circumstances
which may lessen the inexpediency of any measures that Your Grace may think proper
T should adopt, in order to undo what has already been done, namely, the appointment
of Lieutenants of Counties and desiring from them recommendations of proper
persons to exercise the duties of Officers of Militia; and of Magistrates in their
respective Counties.

My Circular letter,- to the Lieutenants was dated on the first of November 1792
and in the second Sessions in the Year 1793 by an Act of the Legislature the Militia
bill was formed Expressly, on the English Model, and of course acknowledging the
Power of the Lieutenants of Counties f It appears to me to be inexpedient to attempt
to repeal this Bill; and possibly the only mode of abolishing the Lieutenants of
Counties is, either by openly avowing that His Majesty's Ministers have disapproved
of my Creation; or by letting them gradually die off and not be renewed — but this
latter mode will bear with it this inconvenience, that most of the Lieutenants are
Gentlemen in the prime of their Life and from the hardihood required in their Mili-
tary duties the last War, It is to bo hoped may long withstand the inclemencies of a
new Country.

Should your » irace approve of those modes, I am ready to do my duty in carrying
them into effectu.d execution: and I should wish that the measure, however irksome,
ihould originate with me, rather than be left as a source of unpopularity to my
Successor.

There will be many plausible reasons that will assist me in the task; for the last
Lieutenancy I appointed, there were several Applicants, of equal claims either as
Magistrates or Military Servants of the Crown, had not residence in the County pre-
ponderated in favor of the person appointed; so that a decision on this point may be
held out as having been so disageeable that I would not cliuse to undergo it on future
occasions, and at present, I may prepare the way by not filling up the vacancy
occasioned by the death of Colonel Grey.*

I beg to observe to Your Grace that by the creation of Lieutenants, I have had
the temporary opportunity of doing justice to myself in respect to the Officers who had
eminently served the King; many of these Gentlemen, thought themselves neglected
in the list transmitted by Lord Dorchester,^ as Sir John Johnson's, for the Choice of
the King's Ministers, either to become Executive or Legislative Counsellors; and Sir
John Johnson having disclaimed the Arrangement of this List, They naturally sup-
posed from the Alterations made therein that I was adverse to their preferable Claim? ;
but this appointment did away all such suppositions; and as no complaint whatever
was made against the Persons I selected, It prepared more than any other circum-
stance, for that degree of facility with which public affairs have been carried on in
this Province; and for that unanimous and determined Zeal which so recently
appeared when It was threatn'd with War and Devastation.

In respect to Corporations I beg to observe to your Grace, as I did not previously
submit my appointment of Lieutenants to His Majesty's Ministers, considering such
appointment, as of course, and unobjectionable, so understanding that objections might

1. See pige 205.

2. See page 198.

3. The Act 32, Geo. Ill, Chap. I, not only acknowledged the power of the Lieutenants
but made them the central feature of the Militia system of the Province. See also sitpra,
page 199, rote 1.

4. James Gray was appointed Lieutenant of the County of Stormont, Nov. 2nd, 1792.
On Oct. 34th, 1786, Archibald McDonell was appointed as his successor.

5. For Lord Dorchester's recommendations see his despatch to Mr. Grenville, March
15th, 1790, Canadian Archives, Q. 44, pt. 1, page 130.

29c— 14

210 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

bo raised to the Establishment of Corporations I felt it my duty to state to Your Grace
my reason for recommending the Measure and to request your directions thereon.

Your Grace's disapprobation, of course, debars me from any further prosecution
of an object which, in my judgment, might be easily modified so as to contribute
essentially to the Welfare of the Province.

The Treaty recently concluded with the United States on the most liberal prin-
ciples, will give to that artful People great facilities in attempting, what in their
controversial writings on the Treaty, and in general conversation they look forward to
with confidence and pleasure, the Alienation of the Affections of the People of this
Province from Great Britain; — I am confident that if proper measures are taken and
this Country be vigorously supported, their efforts will be in vain; but I should be
deficient in my duty did I not respectfully observe to Your Grace that in my Opinion,
whatever may be effected by the Influence of the Executive Government in this
Country, nothing can be expected from its Power; and it is evident, in my apprehen-
sion, that from the result alone, of the full exercise of the faculties inherent in every
distinct Branch of the British Constitution, this Province can be rootedly attached to
the British Empire.

I have the honour to be with the utmost Respect and Deference.

My Lord Duke

Your Grace's
most Obedient and

most humble Servant

J G SIMCOE.
His Grace the Duke of
Portland, One of His
Majesty's principal Secretaries
of State.

&c. &e. t&c.

Endorsed : —

Upper Canada 30*^. Oct'. 1795.
L*^. Gov'. Simeoe.

E 3^ Feby.

Ans«». 3^ March.

N°. 30.

PORTLAND TO SIMCOE.^

Whitehall, 3'*. March 1796.
M. Gen^ Simeoe

N°. 11.
No. 30.— ,mh Sir
October 1795. '

No. SI.— Sth I have laid before The King Your Letters of the dates and numbers

IsoTember^ mentioned in the Margin.

Taking into consideration what has been already done with respect to
the appointment of Lieutenants of Counties in Upper Canada, it would
certainly be highly unadviseable to pursue any measures for setting them
aside. It is not as to the principles upon which you judged proper to
make those appointments that there can be any doubt, or objections
started; The Observations in my Letter of the 20^'' of May last" were

No. 32.— 9th.

1. From the copy in the Canadian Archives, Q. 282, pt. 1, page 35.

2. Pee page 204.

CONSTITUTIONAL DOCUMEyTS 211

SESSIONAL PAPER No. 29c

directed to the appointments themselves from a reasonable ground of

apprehension, that in the present infant stat€ of the Province, they

would not be found to answer the end proposed. In introducing a new

authority, such as that vested in Lieutenants of Counties into a new

Government (should such a measure have been judged necessary) it

appears to me, that it would have been safer, and the influence which

His Majesty's Eepresentative thereby parted with would have been more

easily controuled & directed, if the appointments of Lieutenants, in

the first instance, could have been made to extend to the Districts or

Circuits of the Province, instead of being multiplied and subdivided into

Counties: — But as the case now stands, it will be proper to adhere

strictly to the mode of proceeding sanctioned by your Authority, and

you will, of course, lose no time in filling up the vacancy occasioned by

the death of Colonel Grey.^

The working of Mines, particularly those of Iron, in Upper Canada,

will unquestionably be of great public advantage; and supposing even

that the ore should be found more plentifully on the American side of

the Treaty Line than on ours, yet as the natural advantages for working

it are in favor of Upper Canada, we shall, of course be proportionablj

benefited by that circumstance.

********

I am &c.

PORTLAND.

Endorsed : — ^Dra*.

To M. Gen'. Simcoe
March 1796.

N°. 11.

OPINION OF WILLIAM GRANT ON THE RIGHT TO COLLECT TITHES.^

Copy 8*^ January 1796

My Lord,

I have received, and considered the Papers sent me by your Grace's desire con-
cerning the Right of the Protestant Clergy in Canada to exact Tythes from their
Parishioners. — By the old Law of Canada reestablished in 1774 the Roman Catholic
Clergy alone were entitled to Tythes or other Ecclesiastical dues. If a protestant
clergy have any such Right it must be derived from some new and special enactment.
By the 14. Geo. 3. Cap 83^ the Catholic Clergy were declared to be entitled to receive
their ancient Rights and dues from those of their own persuasion only; had it not
been for this every Parishioner of whatever religious persuasion would have beea
bound to pay Tythes to the Roman Catholic Priest. The Restriction however did not
operate as aoi exemption in favor of Protestants from all obligation to pay Tythes;
for it was provided by the same Act that it should be lawful for His Majesty to make
provision out of the rest of the said accustomed dues, and Rights for the maintenance
and support of a protestant Clergy. But this did not give any Right to a protestant
Clergyman to exact Tythes even from protestants. The Right of collecting them was
wholly in the King, who might relax, or enforce it as might be judged expedient. —
The only other Act that has any reference to the subject, is that of the 31^* G. 3 0.
31, by the 39*^ Section of which it is declared that every person presented to a Par-

1. See page 209.

2. From the copy in the Canadian Archives, Q. 77, page 225.

3. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 403.
29c— 14^

212 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

sonage, or Rectory shall hold the same, and all Rights, Profits and emoluments there-
unto belonging, or granted as fully and amply, and in the same manner &c. as the
incumbent of a Parsonage, or Rectory in England."^

This Clause does not give any Right to the Protestant Parson or Rector. It only
declares that he shall hold those belonging or granted to him as fully, & amply as an
Incumbent in England. What Rights do belong to a Protestant Parson in Canada, it
does not determine. The King may no doubt, grant the Tythes which he has a Right
to collect from all Persons who are not of the Roman Catholic Persuasion. But this
Right never has been exercised, and those best acquainted with the Circumstances of
both Provinces seem to think that it would be inexpedient to attempt to enforce it.

As to the Powers of vestries. Church wardens &c of Protestant Churches, I con-
ceive they must be the subject of Legislative Regulation, for I do not apprehend that
the late Act has the Effect of introducing into Canada that Part of our Common &
Ecclesiastical Law that relates to such matters.

All which is respectfully submitted by.

My Lord,

Your Grace's
&c. &c.

His Grace the Duke of Portland (Signed) W. GRANT.

&c &c &c.

Endorsed : — Copy of a Letter from M"^ Grant to the Duke
of Portland dated 8*^ Jany 1796.

CONSTITUTION OF EXECUTIVE COUNCIL, UPPER CANADA.

MixuTES OF Executive Council, Upper Canada/

Council Chamber at Newark 11*^ August 1T97

Present

His Honor Peter Russell Esq''. President

Hon^ John Elmsley Chief Justice

Hon'. James Baby

Hon^ Alex''. Grant

Hon'. vEneas Shaw

Hon'. John M^'Gill

Hon'. David William Smith

The President addressed the Board in the following words,

Gentlemen, — I did not expect to have had an occasion for putting you to the
trouble of attending me here; as I had flattered myself that the Council near me
would have answered every purpose for which a Council might have been wanted,
until I could return to York, But upon my proposing a question to the Members of
a Council held here on the 27"^ of last Month, the Chief Justice* unexpectedly started

1. See the Constitutional Act, ibid, page 705.

2. From the original Minutes of the Executive Council, Canadian Archives, State Book
B. Upper Canada, page 61.

3. The Chief Justice, Mr. John Elmsley, was born at Marylebone, England in 1762, and
w;as called to the bar at the Middle Temple in 1790. In April, 1796, he was selected to succeed
Mr. Osgoode as Chief Justice of Upper Canada and was at the same time appointed to the Exe-
cutive and Legislative Councils of the Province. When the office of Chief Justice of Lower Can-
ada became vacant in 1802 through Mr. Osgoode's resignation, Mr. Elmsley was selected for
promotion. He was appointed to the Executive Council in August 1802, and in the following
year to the Legislative Council of which he subsequently became President. Early in 180&,
owing to the serious condition of his health, he was granted leave of absence and was prepar-
ing to return to England when his death occurred at Montreal on the 29th of April.

COXSTITLTIOXAL DOCUMEXTS 213

SESSIONAL PAPER No. 29c

an objectiou to the competency of the Board, founded upon the insufficiency of its
Number.^

The Members then present, were the Chief Justice, M"^. Baby and M^ Smith,^
and I presided. Being therefore exceedingly alarmed at an objection which, if
immoveable, would invalidate almost every proceeding of the Executive Council,
since the existence of this Government; I caused the Governor General's Commission
and Instructons to be laid before the Board, and was in hopes that after maturely
reconsidering the matter, the Members would have met me in Council the next day
perfectly satisfied of their own competency. The Chief Justice however appearing
to be only more strongly confirmed in his opinion and the other two Members being
unwilling to take upon them to decide a question which respected their own Power,
it was unanimously referred to the decision of a full Board.

You are consequently, Gentlemen, now called upon to declare your o"pinion3 in
Council.

Whether a Board of the Executive Council of this Province, consisting (as hefore
stated) of the President {while Administring the Government) and three other Mem-
herSj is a competent Board of Council, and its numher sufficient to give validity to
its pfoceedings'i

Gentlemen, — When you have determined this question, I shall take the liberty
of submitting some other matters of Importance to your consideration

The President then withdrew.

The Board proceeded to take the question proposed by the President into con-
sideration

Adjourned

Council Chamber at Newark 12*^^ August 1797
Present

His Honor the President

The Hon'. John Elmsley Chief Justice

" Hon^ James Baby

" Hon'. Alex^ Grant

" Hon^ ^neas Shaw

" Honl John M^Gill

" Hon'. David William Smith

. 1. On the 8th of May, 1797, an order had been issued by the Executive Council directing
the Pe retary of the Province to transmit before the 1st of June to each of the officers of gov-
ernment concerned in the granting: of land a statement of the account between him and such
officer up to the 31st of March and also to transmit to the Clerk of the Council a genera,l
statement of all such accounts. The Secretary had not complied with this order and on .Taly
27th tb© Presif'ent submitted to the Exerntive Council the question: "Has the Secretary
negrlected or not to obey an order of this Board?" The Chief Justice then objected to the
competency of its number to decide a question likely to lead to the serious consequences
which might follow their determination. On the following day the question of the constitu-
tion of a qro"um was submitted to the Council, but it was decided that the opinion of a full
board slionld be spcured. See the Minutes of the Executive Council, July 27th, 1797, Can-
adian Archives, State Book B, Upper Canada, page 57.

2. David William Smith, only son of Major John Smith of the 5th Regiment which was
stationfd at Detroit, was born in 1764. He served as Ensign in his father's regiment and in
17S0 acted as secretary to the Land Board of Hesse of which his father was chairman. He
W£i6 elected to the first Assembly of Upper Canada for the combined counties of Suffolk and
Essex. Shortly afterwards he removed with his father to Niagara and in September 1792
was appointed S rvfyor of Lands for the Province. In June 1793. he was articled to the
Attorney Ceneral and in July of the following year was called to the bar. In March 179C.
he wa- aipoint<d an hoiorary member of the Expcutive Council. He was elected to the
serond Parliament in 179G for the County of Lincoln, and in the following year was choseii
Speaker of the Asf^embly President Ru>-sfll selected him for the position of Lieutenant of
the County of York in 1798. In July 1799 he was appointed Master in Chancery for the
Province. He was returned to the third Parliament in 1799 and was again elected Speaker.
In 18^)1 he served as one of the Commission for the Administration of the Government of the
Province. He resigned his various appointments in 1804 and retired to England where for

214 CAyADIAX ARCHIVES

4 GEORGE v., A. 1914

The Board having met, resumed the consideration of the question proposed by
the President, and in consequence

Kesolved^ that it does not appear from the Governors Commission\ or from the
Koyal Instructions,^ that His Majesty has declared how many Members short of the
whole number, shall constitute a Board of Executive Cotmcil: and that therefore it
is necessary that the Board should specify some number until His Majesty's pleasure
be known.

Resolved, that three Members of the Executive Council, whether Ordinary or
Extraordinary, exclusive of the Member who may Administer the Government shall
until His Majesty's pleasure is known be deemed a sufficient number to form a Board
for all purposes except those specified in the Sixty fifth Ai-ticle of the King's In-
structions."

Resol\t;d, that His Honor be requested immediately to transmit these resolu-
tions to the Secretary of State and request His Majesty's pleasure thereon.'

many years he managed the estates of the Duke of Northumberland. He was created a
baronet of the United Kingdom in 1821. His death occurred at Alnwick, England, May 9th,
1837.

1. See pages 5 and 33.

2. This article of the Instructions required the President to have the consent of •
majority of the Executive Council before dissolving the Assembly or dismissing any civil or
military officer. See page 48.

3. His Majesty's pleasure was expressed in a despatch of the Duke of Portland to Mr.
President Russell, No. 7 of January 10th. 1798. See page 218.

CONSTITUTIONAL DOCUMENTS 215

SESSIONAL PAPER No. 29c

AN ACT FOR THE BETTER PRESERVATION OF HIS
MAJESTY'S GOVERNMENT, LOWER CANADA.

ANNO TRICESIMO SEPTIMO GEORGH Ul.
CAP. VI.^

AN ACT for the better preservation of His Majesty's Government
as by Law happily established in this Province.

[2d. May, 1797.]

WHEREAS it is necessary to defend and secure His Majesty's ;

good and loyal subjects against every traiterous attempt that may be
formed for subverting the existing Laws and constitution of this
Province of Lower-Canada, and for introducing the horrible system
of Anarchy and confusion, which has so fatally prevailed in France; Preamble.
therefore and for the better preservation of His Majesty's Govern-
ment, and for securing the Peace, the Constitution, Laws and Liber-
ties of the said Province; Be it enacted by the King's most Excellent
Majesty, by and with the advice and consent of the Legislative
Council and Assembly of the said Province of Lower-Canada, con-
stituted and assembled by virtue of and under the authority of an Act
passed in the Parliament of Great Britain, intituled, "An Act to
"repeal certain parts of an Act, passed in the fourteenth year of His
"Majesty's Reign, intituled, "An Act for making more effectual pro-
" vision for the Government of the Province of Quehec, in North
"America, and to malce further provision for tJie Government of the _,
" said Province," And it is hereby enacted by the authority of the b.v^th?ExecSiv6^
same, that every person or persons who are or shall be in prison with- Council for
in this Province of Lower-Canada, at or upon the day on which this may ^^letameT"
Act shall receive His Majesty's Royal Assent or after, by warrant of in custody until
His said Majesty's Executive Council of and for the said Province, *^^ ^^^ May,l798.
signed by three of the said Executive Council, for High Treason,
misprision of High Treason, suspicion of High Treason or Treason-
able practices ; may be detained in safe Custody without Bail or main-
prize until the first day of May, which will be in the Year of Our
Lord one thousand seven hundred and ninety-eight; And that for and
during the continuance of this Act, no Court or Courts, Judge or Nor shall such
Judges, Justice or Justices of the Peace, shall bail or try any such h7&^^^eonTi!^^
person or persons so committed, without a Warrant for that purpose &c., -vv-ithout a
from His Majesty's Executive Council, signed by three of the said J^^^p^^* ^JP™
Executive Council, any Law, Statute, Act or Ordinance to the con- Council,
trary notwithstanding.

II. And be it further enacted by the authority aforesaid, that for Justices not to
and during the continuance of this Act, it shall not be lawful to or bail for High
for any Justice or Justices of the Peace within this Province, or in ^^ ^°°' ' '

any District or part thereof, to bail or admit to bail any person or
persons charged with the crime of High Treason, or misprision of
High Treason or suspicion of High Treason or Treasonable prac-
tices, any Law, Statute or Ordinance to the contrary notwithstand-
ing.

1. From The Provincial Stcuhites of Lower Canada, 1797. This statute
was renewed annually until 1802. In 1803 it was re-enacted and again re-
newed annually until 1812 when a dispute regarding its provisions arose
between the Legislative Council and Assembly. (See page 428). For the
proceedings in a case wlii-h arose out of it see page 379,

216

CANADIAN ARCHIVES

During the con-
tinuance of this
Act, persons
charged with
High Treason,
ic, to whom a
writ of Habeas
Corpus has
been allowed
not to be re-
turnable in
less than
fourteen da.ys.

Of which the
Courts are to
give notie to the
Governor, &c.

Habeas Corpus
not allowed by
Courts, &c.,
to persons in
prison at the
time of their
application, by-
warrant of the
Executive
Council.
Where the
writ of

Habeas Corpus
is allowed.
Courts, &c., not
to bail such
persons, if en
the return of
such writ it
shall appear that
they h;ive been
committed by the
Executive
Council.

Continuance
of the Act.

Not to invalidate
or restrain the
privileges of
the Provincial
Parliament.

4 GEORGE v., A. 1914

III. And be it further enacted by the authority aforesaid, that for
and during the continuance of this Act, in all and every case, in
which application shall be made for His Majesty's writ of Habeas
Corpus to any Court or Courts, Judge or Judges within this Pro-
vince, or in any district or part thereof, by any person or persons who
are or shall be in prison within this Province, at or upon the day on
which this Act shall receive His Majesty's Royal Assent or after,
charged with High Treason, Misprision of High Treason, suspicion
of High Treason or Treasonable Practices, such writ of Habeas Corpus
(if allowed by such Court or Courts, Judge or Judges) shall not be
made returnable in less than fourteen days from the day on which
such writ of Habeas Corpus shall be allowed, and in all and every
such case, it shall be the duty of such Court or Courts, Judge or
Judges and of each and every of them, and they are hereby required
when and so soon as such application for such writ of Habeas Corpus
shall to them be respectively made, to give notice and information
thereof in writing, together with Copies of such application and of
"the affidavit or affidavits or other paper writings, on which such
application shall be founded, to the Governor, Lieutenant Governor
or Person administering the Government of this Province for the
time being.

IV. Provided always, and be it enacted, that such writ of Habeas
Corpus, or the benefit thereof, shall not be allowed by such Court or
Courts, Judge or Judges to any person or persons detained in prison
at the time of his, her or their application of such writ of Habeas
Corpus by such warrant of His said Majesty's Executive Council as
aforesaid, for such causes as aforesaid or any or either of them, and
that in all and every case, where such writ of Habeas Corpus shall
be alloAved, no Court or Courts, Judge or Judges shall bail or admit
to bail, the person or persons to whom such writ of Habeas Corpus
shall be allowed, if upon the return made to such writ of Habeas
Corpus at the expiration of fourteen days, from the day on which
such writ of Habeas Corpus shall be so allowed, it shall appear that
such person or persons shall be then detained in prison by such war-
rant of His said Majesty's Executive Council, as aforesaid, for such
causes as aforesaid or any or either of them, any Law, Statute, Act
or Ordinance to the contrary notwithstanding.

V. And be it further enacted by the authority aforesaid, that this
Act shall continue and be in force, from the day on which it shall
receive the Royal Assent, until the first day of May in the Year of
Our Lord one thousand seven hundred and ninety-eight; and that
after the said first day of May one thousand seven hundred and
ninety-eight, all and every person or persons so committed shall have
the benefit and advantage of the Laws relating to, or providing for,
the liberty of the subjects in this Province.

VI. Provided always and be it enacted by the authority aforesaid,
that nothing in this Act shall extend or be construed to invalidate or
restrain the lawful rights and privileges of either Branch of the Pro-
vincial Parliament in this Province.

i

CONSTirUTIoyAL I)0ru^/EXTS 217

SESSIONAL PAPER No. 29c

EUSSELL TO PORTLAND.^

Upper Canada York November 19"^ 1797:
N°. 23

My Lord Duke^ — I have the Honor to inform your Grace that Mr. Justice
Powell- has re-assumed the Functions of a Puisne Judge of this Province. But the
Provincial Act of the 34"^ of His Majesty, which establishes a Superior Court of
Civil & Criminal Jurisdiction &c, having directed that the Chief Justice and two
Puisne Judges shall preside in the Court of King's Bench,^ and the actual presence
of at least two Justices being consequently requisite to constitute the said Court;
I have judged proper to continue the appointment, to the temporary Exercise of the
Office of Puisne Judge untill His Majesty's Pleasure be further known, which your
Grace was pleased to signify your approbation of in a letter to Lieut-Governor
Simcoe dated the 9*^'* of May 1795.'* For should either M'. Chief Justice Elmsley^
or M"". Justice Powell (who are the only Justices within the Province until a second
Puisne Judge may be appointed) happen to be prevented by Sickness or other Causes
from attending their Duty in Term time at this Place, (an event very possible while
those Gentlemen continue to reside on the other Side of the Lake) full & complete
Justice could not be administered and even altho tbey should both be on the Bench,
it appears to be equally possible that a knotty Question of Law may arise, whereon
they may each entertain a different opinion (as very nearly happened this last Term)
in which case a Suspension of Justice must necessarily follow.

I presume therefore to hope that my Continuation of this temporary Appoint-
ment may receive your Graces approbation, as being the only measure I felt myself
authorised to take for obviating the possibility of any such Inconvenience.

I think it my Duty, however, to inform your Grace that upon my informing M"".
Chief Justice Elmsley that I had issued the usual Commission for that purpose, he
was pleased to call upon me for the authority by which I had acted; to which Ques-
tion I did not judge it to be consistent with the dignity of the Station which I have
at present the Honor of filling in this Province to make any reply; but I beg leave
to inclose for your Graces Information Copies of my letter to the Chief Justice and
his Answer®

I have tbe Honor to be with the greatest Eespect My Lord Duke

Your Graces,

Most Obedient & Most Humble Servant

PETEE EUSSELL
His Grace the Duke of Portland
&c &c &c

1. From the copy in the Canadian Archives, Q. 284, page 16.

2. William Dummer Powell was one of the Loyalist pioneers of Upper Canada. He was
born in Boston in 1755 and was educated in England and on the continent. He was called to
the Bar at the Middle Temple in 1779 and in the same year came to Montreal where he began
the practice of his profession. In 1789 he was appointed Judge of the Court of Common Pleas
for the District of Hesse, a position which he held until 1794, when, on the formation of a
new judicial system for Upper Canada, he was promoted to the position of puisne judge of
the Court of King's Bench

3. Ser> page 116.

4. The removal of Chief Justice Osgoode to Lower Canada in 1794 left Mr. Powell as
(h© (,nly Judge of the Court of King's Bench. Under tliese circumstances Lieut.-Governor
Simcoe appointed Mr. Russell to the temporary exercise of the office of puisne justice. The
Duke of Poitland, in the letter here referred to, approved of the appointment until His
Majesty's pleasure be further known. See Canadian Archives, Q. 281, part 1, pages 23 and 263.

3. See page 2'2, note 3.

6. In the first of the enclosures, dated Nov. 5, 1797, Mr. Russell informs the Chief
Justice that he hns issued a commission constituting himself a puisne juds'e of the Court of
King's Bench during terra. He requests permission to absent himself from the court for a
few days but promises thereafter to attend whenever his presence may be required. The
Ch ef Ji:6tic© in his reply of the following dny asks by what authority the commission has
been issued and in what respect it differs from the one under which Mr. Russell has hitherto
taken his seat. (See tho Canadian Archives, Q. 284, pages 19 and 20).

218 CAXADIAN ARCHIVES

4 GEORGE v., A. 1914

PORTLAND TO RUSSELL.^

X°. 7.

"Whitehall 10. Jan: 1798.

Sir, — I have laid before The King your Letters numbered from 16 to 21 both
inclusive.

In answer to the first, relative to the Fees arising from fixing the Great Seal of
the Province, altho' I do not find any Article in His Majesty's Instructions to the
Governor, Lieu^ Governor or Person administering the Government of Upper Can-
ada, immediately relative to it, yet I am entirely of opinion conformably to the Eule
laid down in His Majesty's other Colonies, that one moiety of the Fees should be
paid to the Lieu*^. Governor, and the other moiety to the Person administering the
Government in his Absence. — Agreeable to this Principle, and with a view of making a
suitable Provision for the Person who, in the absence of the Governor or Lieu*.
Governor, executes the Office ad interim, you are also to consider yourself intitled
to draw for one moiety of the Lieu^. Governor's Salary, during his Absence, to com-
mence from the 1^' of July last. Due Provision being thus made for you, as the
Person executing for the time being His Majesty's Government in Upper Canada,
you will understand that you are not to execute (or to receive any Salary under pre-
tence of executing) the Office of Puisne Judge as such a Circumstance would give
occasion to suppose a connection between the judicial & executive Authority which
require the greatest Caution to be preserved distinct & separate from each other.-

His Majesty is pleased to approve the decision of the Executive Council which
establishes the number of the Council which shall form a Quorum except in the case
stated^ — As any three or more of the ^Members of the Executive Council are
empowered, by The King's Commission to the Governor, to do so solemn an Act, as to
swear him into his Office, the above decision of the Council appears to have been
founded on that Precedent.
i . I am, Sir,

Your most obedient humble Servant

PORTLAND

M''. President Russell.

1. From the original in the Canadian Archives, G. 53, page 114.

2. Mr. Russell's letter of Nov. 19th which reached England on the 2ud March, had not
been received when this despatch of the Duke of Portland was written. On January 2l8t,
1798, Mr. Russell again wrote to the Colonial Secretary defending his action on the
ground of the necessity of providing against any contingency which might suspend the course
of justice in the Superior Court. On the 8th of June replying to INIr. Russell's letter of
Ncvember 19th, the Duke of Portland simply repeats the decision given in his previous letter
of January 10th. (See the Canadian Archives, Q. 284, pages 129 and 139).

3. See page 213. '

CONSTITUTIONAL DOCUMENTS 219

SESSIONAL PAPER No. 2'9c

EliJHT OF LEGISLATIVE COUNCIL TO AMEND BILLS IMPOSING A TAX.

Journal of the House of Assembly, Lower Canada.^

Saturday, 5t1i May, 1798.

Mr. Coffin from the Committee appointed to draw up reasons to be offered to the
JjCgislative Covmcil at a conference for disagreeing to some of the amendments made
by the Legislative Council to the Bill intituled, " An Act to amend an Act passed
" in the thirty-sixth year of His Majesty's reign, intituled, " An Act for making,
" repairing and altering the Highways and Bridges within this Province, and for
" other purposes," reported that they had drawn up reasons accordingly, which they
had directed him to report to the House; and he read the same in his place, and
afterwards delivered them in at the Clerk's table where the same were read, and are
as follows, videlicet. * * * *

The Assembly cannot agree to the sixth amendment" made by the Legislative
Council, Press 7th, because the said amendment lays a charge upon the subject in
addition to those provided by the Bill: and the laying, altering or changing any
burthen or charge whatever upon the subject is the sole and inherent right of the
Commons, from which the Assembly never can depart.

The Assembly agree to the seventh amendment made by the Legislative Council,
Press 7, line 49.

The Assembly cannot agree to the eight amendment", made by the Legislative
Council, Press 9; because the said amendment is a disposition of the public monies,
contrary to the undoubted right of the Commons, from which the Assembly never
can depart.

The Assembly cannot agree to the ninth amendment made by the Legislative
Council, Press 10, because it is entirely dependent on the eighth amendment.

The Assembly decline offering any other reasons at this time, hoping that these

1. From the Journals of the House of Assembly of Lower-Canada. — Quebec: Printed by
Older of the House of Assembly, and sold by John Nielson: MDCCXCVIII.

2. The first five amendments being of a clerical nature were accepted by the Assembly,
Thi' sixth amendment was as follows: — '

strike out clause 22d, and insert instead thereof —

" And be it further enacted by the authority aforesaid, that from and after the first day
of January one thousand seven hundred and ninely-nine instead of the personal labour re-
quired under and by virtue of the said Act passed in the thirty-sixth year of His present
Majesty, every male inhabitant of the cities of Quebec and Montreal respectively, living with-
in the limits described by the Proclamation hereinbefore mentioned, of the age of eighteen
years and under the age of sixty, not being bona fide an apprentice or menial servant, shall
either in person, or by a sufiicient substitute, work on the Roads or Highways on every day
and at every place to be appointed by the Surveyor of the city or limits wherein he shall
reside for any spare of time not exceeding three days in every year, with such tools, at such
time, subject to such penalties and with such exemptions as in the said Act are set forth, save
that it shall not be required of such persons to bring horse or cart to such labour as afore-
said, and that it shall and may be lawful for such persons to compound in manner herein-
after mentioned, by paying the sum of one shilling and three pence currency for and in lieu
of each days personal labour to which they may be liable."

" Provided also, and it is hereby enacted that the Surveyors of the cities and limits afore-
said respectively, shall annually on the first Sunday in the month of June give public written
notice at the Churches of the said cities of the time and place when and where persons
inclined to compound for the said duty, may signify such their intention to the said Sur-
veyor and all and every person signifying the same who shall then pay to the Surveyor or
within the space of one Calendar month after the date of such public notice, pay to the
Overseer of his division, such composition money as aforesaid shall be discharged from the
performance of such duty, but in case the composition money is not paid within one month
as afore-aid, the parties neglecting the same shall be considered as defaulters, and shall be
liable to the same forfeitures as they who make wilful default. (Journals of the House of
Assembly, Lover-Canada, 1798, page 169).

3. The eighth amendment was as follows -. —
strike out clause 30 and insert in lieu thereof —

"And whereas by the said mentionod Act it is provided that the Justices may divide the
Cities and Parishes of Quebec and Montreal into such number of divisions as they shall judge
neceesary not exceeding six, and to allow to each Overseer a sum not exceeding Ten pounds;
Be it enacted by the authority aforesaid, that it shall and may be lawful for the said Justices
respectively to apportion a sum not exceeding Sixty pounds among the Overseers to be named
for each divi-ion in such, shares as to the said Justices shall appear to be just and reasonable,
f J u-Dals of the House of Assembly, Lower Canada, 1798, page 171).

220 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

will be sufficient to induce the Legislative Council to desist from the said sixths
eighth and ninth amendments.^

Journal of the LEGisLATrv'E Council^ Lower Canada.-

Tuesday S^HIay 1798.

The Members convened were

The Chief Justice, Speaker,
Lord Bishop of
Quebec.

Mess". Dunn Sir Geo: Pownall

Baby Caldwell

DeLanaudiere DeLotbiniere

The Honourable M^ Dunn^ reports from the Committee appointed to draw reasons
for this House insisting on their Amendments to the Bill intituled " An Act to amend
" an Act passed in the thirty-sixth year of His Majesty's Eeign intituled, " An Act
" for making, repairing, and altering the Highways and Bridges within this Province,
" and for other purposes." that they had drawn reasons accordingly as follows.
Reasons offered by the Legislative Council for insisting on the Amendments
made by them to the Bill intituled, " An Act to amend an Act passed in the thirty-
" sixth year of His Majesty's Reign, intituled, " An Act for making, repairing, and
'• altering the Highways and Bridges within this Province, and for other purposes."
The Legislative Council having taken into consideration the Reasons given by th&
House of Assembly at a Conference on Monday last, for their disagreeing to the
Amendments made by the Legislative Council, to the Bill intituled, " An Act to
" amend an Act passed in the thirty-sixth year of His Majesty's Reign, intituled,
" An Act for making, repairing and altering the Highways and Bridges within this
" Province, and for other purposes." The Legislative Council do insist on their
Amendments.

1^^ Because altho' the Legislative Council are apprized of the privilege attri-
buted by the Law and usage of Parliament to the Common's House, in all Grants of
subsidies or Parliamentary Aids, and in all Bills by which money is directed to be
raised upon the subject, a privilege upon which the Legislative Council are not
desirous of invading, but on the contrary are so scrupulous of trenching, that even
in the Present Bill they have in more Instances than one surrendered their own
Judgement, more especially in having acquiesced in the doubling thfe- Assessment.
Yet they deemed themselves authorized to make the Amendments objected to, because
they go merely to diminish and not to add to a portion of Labour prescribed by an
existing Act, to which the Legislative Council had given their concurrence, of course
were parties to it and might therefore exercise a Judgement whether they would
depart from their own Sanction entirely, or propose such a Temparament as they have
offered.

2'^'^. Because they are not apprised of any precedent, nor has any been pointed
out to them, where under similar circumstances, the House of Commons have
objected to Amendments, and the House of Lords of the British Parliament (by
whose proceedings the Legislative Council are content to govern themselves) have
acquiesced in such objection.

1. The reasons submitted by tlie Committee were accepted by the Assembly and a con-
ference was arrnnged with the Legislative Council. Tho reply of the Council is contained in
the Journal of Proceedings for May 8th.

2. From the copy of the. Journal of the Legislative Council, Canadian Archives, Q. 86,
pt. 2, page 262.

3. See page 14, note 5.

CONSTITUTIONAL DOCUMENTS 221

SESSIONAL PAPER No. 29c

B'^^. Because independently of the Question of Privilidge, the Legislative Council
cannot, as the present Bill is framed, give up the principle of their Amendment.

The Legislative Council being convinced of the inconvenience and hardship
arising from the Bill now in force, are of opinion, that these reasons are sufficient
to prevent the Bill to amend the same, from being lost.

Which Eeport being read by the Clerk, was agreed to by the House.

Journal of the House of Assembly^ Lower Canada.^

Wednesday, 9th May, 1798.

The order of the day being read for taking into consideration the reasons offered
by the Legislative Council for insisting on the amendmentsi made by them to the
Bill intituled, " An Act to amend an Act passed in the thirty-sixth year of His
" Majesty's reign, intituled, an Act for making, repairing and altering the High-
" ways and Bridges within this Province, and for other purposes."

The House proceeded to take the said reasons into consideration.

And the said reasons were again read.

Mr. T. Coffin moved, seconded by Mr. Bedard,

That this House doth insist upon their disagreement with the Legislative Council
to the said amendments.

Mr. Grant moved in amendment, seconded by Mr.Berthelot, to strike out all the
words after "that" and insert "the order of the dcty he discharged."

The House divided upon the question of amendment.

Yeas 2
Nays 16

So it passed in the negative.

And the question being put upon the main motion, it was agreed to unani-
mously.—

Resolved^ that this House doth insist upon their disagreement with the Legisla-
tire Council to the said amendments.

1. From the printed copy of the Journals of the Legislative Assembly, page 187.

222

CA XA niA X A RCH I VEfi

4 GEORGE v., A. 1914

AN ACT FOR THE DIVISION OF UPPER CANADA IMO

COUNTIES.^

In the Thiety-eighth Year op George the Third.

Preamble.

County of
Glengary.

County of
Storniont.

County of
Dun das.

County of
Prescott.

County of
Russell.

CHAP. V.

An Act for the better Division of this Province.

(The Royal Assent to this Act was promulgated by Proclama-
tion, bearing date January 1, in the year of our Lord 1800, and for-
tieth of his Majesty's reign.)

For the better division of this Province," Be it enacted by the
King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the Province of Upper Canada,
constituted and assembled by virtue of, and under the authority of
an Act passed in the parliament of Great Britain, intituled, •" An
Act to repeal certain parts of an Act passed in the fourteenth year
of his Majesty's reign, intituled, " An Act for making more effectual
provision for the government of the Province of Quehec, in North
America, and to make further provision for the government of the
said Province," and by the authority of the same, That the townships
of Lancaster, Charlottenhurg and Kenyon, together with the tract
of land claimed by the ^S^^. Regis' Indians, and such of the islands in
the Biver Saint Lawrence as are wholly, or in greater part opposite
thereto, shall constitute and form the county of Glengary.

II. And he it further Enacted hy the Authority aforesaid. That
the townships of Cornwall, Osndburg, Finch and Roxhurg, together
with such of the islands in the River Saint Lawrence as are wholly,
or in greater part opposite thereto, shall, constitute and form the
county of Stormont.

III. And he it further Enacted hy the Authority aforesaid, That
the townships of Williamsburg, Matilda, Mountain, and Winchester,
with such of the islands in the River Saint Lawrence aa are wholly,
or in greater part opposite thereto, do together, constitute and form
the county of Dundas.

IV. And he it further Enacted hy the Authority aforesaid. That
the townships of Hawkeshu/ry, Longueil, with the tract of land in its
rear, Alfred and Plantagenet, with such of the islands in the Ottawa
River as are wholly, or in greater part opposite thereto, shall consti-
tute and form the county of Prescott.

V. And be it further Enacted by the Authority aforesaid, That
the townships of Clarence, Cumberland, Gloucestei; Osgoode, Russell,
and Cambridge, with such of the islands in the River Ottawa as are
wholly, or in greater part opposite thereto, shall constitute and form
the county of Russell.

1. From " The Statutes of His Majesty's Province of Upper Canada,"
edition of 1802.

A plan giving the division of the Province according to this Act was
prepared by D. W. Smith, acting Surveyor General, Upper Canada. This
plan was reproduced in the report of the Canadian Archives for 1891.

2. For the former division of the Province into counties see the Pro-
clamation of 1792, page 77, and for the division into districts see page 146,
note 2.

CONSTITUTIONAL DOCUMENTS 223

SESSIONAL PAPER No. 29c

VI. And he it further Enacted hy the Authority aforesaid, That Eastern District.
the counties of Glengary, Stormont, Dundas, Prescott, and Russell,

do constitute and form the Eastern District.

VII. A7id he it further Enacted hy the Authority aforesaid, That County of
the townships of Edwardshurg, Augusta, ^Volford, Oxford on the ^I'^'^'^il^^-
Eideau, Marlborough, Montague, and Gower, called North and ISouth

Gower, together with such of the islands in the River Saint Lawrence
as are wholly, or in greater part opposite thereto, shall constitute and
form the county of Grenville.

VIII. And he it further Enacted hy the Aidhority aforesaid. That County of Leeds.
the townships of Elizaheth-Town, Yonge, (including what was for-
merly called Escot) Lansd'own, Leeds, Croshy, Bastard, Burgess, Elms-
ley, and Kiile^, together with such of the islands in the River Saint

Laxvrence as are wholly, or in greater part opposite thereto, do consti-
tute and form the county of Leeds.

IX. And he it further Enacted hy the Authority aforesaid. That County of
the townships of Nepean, with the tract of land to be hereafter **^ ^ on.
laid out into townships, between Nepean and a line drawn north

sixteen degrees west from the north-west angle of the township of
Croshy, until it intersects the Ottawa River, with such of the islands
in the said river as are wholly, or in greater part opposite thereto,
shall constitute and form the county of Carleton.

X. And he it further Enacted hy the Authority aforesaid. That District of
the counties of Grenville, Leeds, and Carleton do constitute and form

the district of Johnstown.

XL And he it further Enacted hy- the Authority aforesaid, That p^?'"^^^P °^
Howe Island, and so much of the present county of Ontario as is ^ ^ °'
wholly, or in greater part opposite to the township of Pittshurg, be
part of the said township of Pittshurg.

XII. And he it further Enacted hy the Authority aforesaid, That ^^fe^^ig^laSd
Wolfe Island and Gage Island, and so much of the said county of

Ontario as is whoUy, or in greater part opposite to the township of
Kingston, do constitute and form the townshi^of Wolfe Island.

XIII. And he it further Enacted hy the Authority aforesaid, Amherst^Island.
That the residue of the said county of Ontario do constitute and

form the township of Amherst Island.

XIV. And he it further Enacted hy the Authority aforesaid, Frontenac.
That the townships of Pittsburg, Kingston, Loughborough, Portland,
Hinchinbroke, Bedford, and Wolfe Island, do constitute and form the

county of Frontenac.

XV. And he it further Enacted hy the Authority aforesaid. That Incorporated
the townships of Ernest Town, Fredericksburg, Adolphustown, Rick- and\d^dino-ton.*' '
mond, Camden (distinguished by being called Camden East), Amherst

Island, and Sheffield, do constitute and form the incorporated counties
of Lenox and Addington.

XVI. And he it further Enacted hy the Authority aforesaid, County of
That the townships of Sydney, Thurlow, the tract of land occupied Hastings,
by the I^Iohawks, Hungerford, Huntingdon, and Rawdon, do consti-
tute and form the county of Hastings.

XVII. And he it further Enacted hy the Authority aforesaid, County of
That the townships of Ameliasburg, Hallowell, Sophiasburg, and ^'■'°''® Edward.

224

CANADIAN ARCHIVES

County of
Northumberland.

County of
Durham.

4 GEORGE v., A. 1914

Marysburg, with such of the islands in the Bay of Quinte and Lake
Ontario, as are wholly, or in greater part opposite thereto, and *ueh
as were not formerly included in the county of Ontario, do constitute
and form the county of Prince Edward.

Midland District. XVIII. And he it further Enacted hy the Authority aforesaid.

That the counties of Frontenac, the incorporated counties of Lenox
and Addington, Hastings, and Prince Edward, with all that tract of
country which lies between the district of Johnstown and a line drawn
north, sixteen degrees west from the northwest angle of the township
of Rawdon, till it intersects the northern limits of the Province, to-
gether with aU the islands in the Ottawa River, wholly, or in greater
part opposite thereto, do constitute and form the Midland District.

XIX. And he it further Enacted hy the Authority aforesaid.
That the townships of Murray, Cramahe, Haldimand, Hamilton, Eln-
wick, Percy, and Seymour, with the peninsula of Newcastle, do consti-
tute and form the county of Northumberland.

XX. And he it further Enacted hy the Authority aforesaid. That
the townships of Hope, Clarke, and Darlington, with all the tract of
land hereafter to be laid out into townships, which lies to the south-
ward of the small lakes above the Rice Lake, and the communication
between them and between the eastern boundary of the township of
Hope, and the western boundary of the township of Darlington,
produced north sixteen degrees west, until they . intersect either of
the lakes, or the communication between them, shall constitute and
form the county of Durham.

XXI. And he it further Enacted hy the) Authority aforesaid.
That the townships of Whitby, Pickering, Scarborough, York, includ-
ing its peninsula, Etobicoke, Markham, Vaughan, King, Whitchurch,
Uxbridge, Gwillimbury, and the tract of land hereafter to be laid
out into townships, lying between the county of Durham and the
Lake Simcoe, do constitute and form the East Riding of the county
of York.

XXII. And he it further Enacted hy the Authority aforesaid,
That the townships of jj^everly and Flamborough, the latter divided
into Flamborough East and West, so much of the tract of land upon
the Grand River in the occupation of the Six Nation Indians, as lies
to the northward of Dundas street, and all the land between the said
tract and the East Riding of the county of York, with the reserved
lands in the rear of the townships of Blenheim and Blandford, do
constitute and form the West Riding of the county of York. ^

XXIIT. And he it further Enacted hy the Authority aforesaid.
That Matchedash, Gloucester, or Penetangueshine, together wmi
Prince William Flenry's Island, and all the land lying between the
Midland District and a line produced due north from a certain fixed
boundary (at a distance of about fifty miles north-west from the out-
let of Burlington Bay) till it intersects the northern limits of the
Province, do constitute and form the county of Simcoe.

Home District. XXIV. And he it further Enacted hy the Authority aforesaid,

That the counties of Northumberland, Durham, York, and Simcoe, do
constitute and form the Home District.

XXV. Provided always, and it is herehy further Enacted, That
when, and so soon as the said counties of Northumberland and Dur-

East Riding of
the County
of York.

West Riding of
the County
of York.

County of
Simcoe.

CONSTITUTIOyAL DOCUMENTS 225

SESSIONAL PAPER No. 29c

ham shall make it satisfactorily appear to the governor, lieutenant District of
governor, or person administering the government of this Province, bQ^"ventuallv
that there are one thousand souls within the said counties, and that six declared by
of the townships therein do hold town-meetings according to law,' proclnmtitM'n.
then the said counties, with all the land in their rear, confined between
their extreme boundaries, produced north, sixteen degrees west, until
they intersect the northern limits of the Province, shall, and are
hereby declared to be a separate district, to be called the District of
Newcastle. And the governor, lieutenant governor, or person adminis-
tering the government of the Province, is hereby authorized upon
such proof as aforesaid, to declare the same by proclamation any time
within one year after the same shall be so established, as to him
shall seem most fit.^

XXVI. A.nd he it further Enofited hy the Authority aforesaid. Part of the
That so much of the township of Glanford as is now comprehended r?^"^^ "ff'"J^ °\-,
between the southern boundary of the township of Binbrook, and the to the Township
boundary of the Six Nation Indians land, be added to the said town- of Binbrook.
ship of Binbrook;, and become part thereof.

XXVII. And he it further Enacted hy the Authority aforesaid, First Elding of
That the townships of Clinton, Grimsby, Saltfleet, Barton, Ancaster, ^H fjf^^*^
Glanford, Binbrook, Gainsborough, and Caistor, do constitute and

form the First Riding of the county of Lincoln.

XXVIII. And he it further Enacted hy the Authority aforesaid, ^fo^d Riding

mi ^ 1 • p -KT ^ /~^ ^ it it • ^^ the Countv

ihat the townships oi Newark, Grantham and Louth, do constitute of Lincoln. The

and form the second Riding of the County of Lincoln. Provided al- ^^\^" ^V"} t^^own-

ways, That the town and township of Newark, now generally called therein, to^b'o

West Niagara, be henceforth declared and called the town and town- called the Town

ship of Niagara respectively. and Township

■^ "^ -^ "^ of Niagara.

XXIX. And he it further Enacted hy the Authority aforesaid, xhjrd Ridin" of
That the townships of Stamford, Thorold and Pelham, do constitute the County"
and form the third Riding of the County of Lincoln. ^^' Lincoln.

XXX. And he it further Enacted hy the Authority aforesaid, Fourth Ridin" of
That the townships of Bertie, Willoughby, Crowland, Humberstone, the County
and Wainfleet, do constitute and form the fourth Riding of the ^''^ Lincoln.
County of Lincoln.

XXXI. And he it further Enacted hy the Authority aforesaid, County of
That the tract of land on each side of the Grand River, now in the Halclimand.
occupation of the Six Nation Indians, and laying to the southward

and south-east of Bundas-street, do constitute and form the County
of Haldimand.

XXXII. And he it further Enacted hy the Authority aforesaid. District of
That the said Counties of Lincoln and Haldimand, with such of the Niagara.
islands of this Province lying in the river Niagara, or Lake Erie, as

are wholly or in greater part adjacent thereto, together with the
Beach at the Head of Lake Ontario, between the outlet of Burlington
Bay and the township of Saltfleet, and together with the promontory
between the said Burlington Bay and Coats Paradise, do constitute
and form the District of Niagara.

1. Sea the Act 33 Geo. Ill, cap. II, page 86.

2. In 1802 an Act was passed, 42 Geo. Ill, Chap II, giving to the
District of Newcastle the ?ame courts as were held in the other districts
of the Province.

29g— 15

226

CANADIAN ARCHIVES

Couiitv of
Norfolk.

Addition to
the Township
of Burford.

County of
Oxford.

County of
Middlesex.

District of
London .

Countv of Kent.

County of Essex.

We- tern
District.

Period &0.

4 GEORGE v., A. 1914

XXXIII. And he it further enacted hy the authority aforesaid.
That the townships of TJainham. Wnlpole, Woodhonse. Charlotteville,
.Walsingham, Houghton, Middleton, Windham, and Townsend, to-
gether with Turkey Point, and promontory of Long Point, do consti-
tute and form the County of Norfolk.

XXXIV. And he it further enacted % ^he authority aforesaid.
That the triangular tract of land heretofore called Townsend Gore,
be added to the township of Burford, and to become part thereof.

XXXV. And he it further enacted hy the authority aforesaid.
That the township^ of Burford, Norwich, Dereham, Oxford upon the
Thames, Blandford, and Blenheim, do constitute and form the
County of Oxford.

XXXVI. And he it further enacted hy the authority aforesaid.
That the townships of London, Westminster, Dorchester, Yarmouth,
Southwold, Dunwich, Aldborough, and Delaware, do constitute and
form the County of Middlesex.

XXXVII. And he it further enacted hy the authority afore-
said. That the Counties of Norfolk, Oxford and Middlesex with so
much of this Province as lies to the Westward of the Home District,
and the District of Niagara, to the Southward of Lake Huron, and
between them and a line drawn due north from a fixed boundary
(where the easternmost limit of the township of Oxford intersects the
River Thames) till it arrives at Lake Huron, do constitute and form
the district of London.

XXXV ill. And he it further enacted hy the authority afore-
said. That the townships of Dover, Chatham, Camden, distinguished
by being called Camden West, the Moravian tract of land, called
Orford, distinguished by Orford North and South, Howard, Harwich,
Raleigh, Romney, Tilbury, divided into east and west, with the town-
ship on the river Sinclair, occupied by the Shawney Indians, together
with the islands in the lakes Erie and Sinclair wholly or in greater
part opposite thereto, do constitute and form the County of Kent.

XXXTX. And he it further enacted hy the authority aforesaid.
That the townships of Rochester, Mersea, Gosfield, Maidstone, Sand-
wich, Colchester, Maiden, and the tracts of land occupied by the
Huron and other Indians upon the Strait, together with such of the
islands as are in lakes Erie, Sinclair, or the Straits, do constitute
and form the county of Essex.

XL. And he it further enacted hy the authority aforesaid. That
the Counties of Essex and Kent, together with so much of this Pro-
vince as is not included within any other district thereof, do consti-
tute and form the Western district.

XLI. And he it further enacted hy the authority aforesaid.
That this act nor any part thereof, shall take effect until from and
after the fourteenth day of February next.

CONSTITUTIOXAL DOCUMEXTS 227

SESSIONAL PAPER No. 29c

DOCUMENTS RELATING TO THE ENTEY OF THE MINUTES OF THE
EXECUTIVE COUNCIL, LOWER CANADA.^

MINUTES OF EXECUTIVE COUNCIL RESPECTING CROWN LANDS.

Thursday. 20*^ Septemher 1798.
At th||B Council Chamber in the Castle of Saint Lewis

Present

' His Excellency General Prescott Governor.^

and

The Honorable —
William Osgoode C.J.
The Lord Bishop
Hugh Finlay
Frangois Baby. &
John Young. —

Esquires. —

The Entry of the Minutes of the last m,eeting of the Board (9*^^ July last) being
read — His Excellency requested that it might be remembered that the Order for
recording the Report of the Committee of the 20^^ June^ (relative to the new Regu-
lations then lately received through His Majesty's Secretary of State, in conformity
to the Instruction under His Majesty's Royal Sign Manual bearing date at S*
James's the 15*^'^ day of August 1797. commimicated to the Board on the ll*'^ June
last) was not voluntary on his part, but, on the contrary, that the Draft of the
Minute which His Excellency on that day brought forward stood thus, — '' His Excel-
lency laid before the Board a Report of a Committee of the whole Council dated the
20'^ June last upon the Reference of the ll*'^ of the same month respecting the Wast^
Lands of the Crown which was read and ordered to be filed; " And, that it was purely
in compliance with a request of the Board, that His Excellency had permitted the
word " filed " to be struck out, and the word " entered " to be substituted in its
place. —

His Excellency could not but feel some degree of regret at the circumstance of
that request having been made and complied with: His regret. His Excellency said,
arose from this consideration, The Records of the proceedings relative to the granting

1. From the original in the Minutes of the Executive Council relating to Land Matters,
Land Book D. Lower Canada, page 230.

2. General Robert Prescott was born in England in 1725. He was sent to the Barbadoes
in 1793 and was in command of the troops which effected the reduction of Martinique in
March, 1794. After the capitulation he was appointed civil governor of the Island. He was
then transferred to Guadaloupe but later returned to Martinique where his wise government
was efiective in preserving order among the natives. On account of the threatened failure of
his health he returned to England in January, 1795. Lord Dorchester having asked perm-s-
sion to retire. General Prescott was selected as his successor. On January 21st, 1796, he was
given a commission as Lieutenant-Governor of the Province of Lower Canada. He arrived
at Quebec in June and on Lord Dorchester's departure assumed the Government of the Prov-
ince. A commission was issued on December 1.5th, 1796, constituting him Captain General
and Governor-in-Chief of the Provinces of Upper and Lower Canada. During the course of
his Administration serious differences arose between him and his Executive Council with the
result that on the request of the Home Government be returned to Britain in July, 1799.
Though he never again directed the Government of the Province he retained the position of
Governor-in-Chief until the appointment of Sir James Craig in 1807.

3. See liand Book D, Lower-Canada, page 201.
29c— 1.5i

228 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

of the Waste Lands of the Crown, (by an old standing Order, perfectly conformable
to Ills Majesty's Royal Instructions, and therefore to be held in all cases inviolably
sacred), were, what they undoubtedly ovxght to be, open for the information and satis-
faction of all persons, concerned therein/ It appeared to him, His Excellency observed
that when on any subject there might happen to be a momentary diiference of opinion
between the Governor and His Council, it would be much letter that their reasonings
should be put, at least for a time, on special files to i)e open only to thp Governor and
Members of the Council (or to such other particular individuals as might obtain special
permission from the Governor or from some Member of the Council for that purpose) to
the end that the sarae might be reconsidered, whereby an union of opinion might take
place previous to the recording than to record at once the different opinions so enter-
tained. For, although His Excellency would in such cases always endeavor on his
part, to consider the subject so fully before hand, as not to be afraid of submitting
his opinion thereon to the judgment of the whole world; and although he would
always be ready on his part, to correct by a future document, any mistake (all men
being at times liable to error) that he might at any time discover in a prior oine:
yet (admitting likewise that the same dispositions should equally prevail in the
Breasts of all the Members of the Council) His Excellency could see no use in
entering upon record, opinions that were not coincident; at least, until they should
be reconsidered.

The Reasons, His Excellency said, which induced him to prefer the putting of
such different opinions, in all future cases, upon special files, was this, he could see
no good reason why any momentary difference of opinion, between the Governor and
the Council should be open to the public; which must he the case in regard to
the Land business if entered upon record. For, His Excellency said he could on no
account whatever depart so far from the orders of his Royal Master, as to allow any
of His Majesty's Instructions relative to the granting of the Waste Lands of the
Ci'own, or any of the proceedings had thereon, so far as the same shall be entered
upon record, or placed of record upon the ordinary files, to be keep from the parties
concerned.

His Majesty's Royal Instructions, in order to avoid all causes of complaint with
respect to partiality, strictly enjoin (in addition to any publication that might be
made, " by Proclamation or otherwise ") that all instructions which His Majesty has
given or may hereafter give, " relative to the passing Grants of Lauds in conformity
to the act passed in the thirty first year of his Reign, be entered upon record, for the
information and satisfaction of all parties whatever that may be concerned therein.""

The Instruction relative to causing " a Publication to be made by Proclamation
or otherwise "^ gives in some degree a discretionary power, to be exercised by those
who might be entrusted with the administration of the Provincial Government ; but His
Majesty's Royal Commands, that his instructions shall be entered upon record, and
that all parties concerned shall have free access to those records, are in no degree dis-
cretionary, but in every respect positive.

Were the parties to have free access to the Records for the purpose merely of
knowing His Majesty's Royal Instructions considered by themselves, separate and
distinct from the proceedings had thereon, such access could be of no possible avail
to them: The instructions therefore, together likewise with the proceedings thereon,
in which the Interests of individuals may be concerned, are necessarily included in His
Majesty's Royal Commands: And, His Excellency can, on no condition (at least on
no condition short of an express permission from His Royal Master) allow His
Majesty's commands to he disobeyed.

His Excellency then informed the Board that he had received a Report of the
Committee of the whole Council dated the %^'^ August, and delivered on the le*"" of

1. See page 23, i:ote 2.

2. See Article 38 of the Instructions to Lord Dorchester, page 23.

3. See Article 37 of the Instructions to Lord Dorchester, page 23.

CONSTITUTIONAL DOCUMENTS 229

SESSIONAL PAPER No. 29c

the same month, upon the reference of the 9*^'^ July last.^ On perusing the Report,
His Excellency said, he found that certain parts thereof contained opinions which he
could not exactly coincide with; and he had therefore made certain remarks in writ-
ing, relative to the points which appeared to him in a different light from that in
which they had appeared to the Committee; which together with the Report, he was
about to lay before the Board. —

As His Excellency had not till now explained his reasons, with respect to the plac-
ing of any documents on special files; it was his intention in the present instance, to
make such order as the Board might think proper to advise, whether to put the present
Report together with his remarks thereon upon a special file as above defined, or to
enter them upon record; and if the Board should not be prepared to favor him with
their advice therein, he should order the Report and his remarks to be put on such
special file for the present, and not recorded until further orders may be given thereon
by the Governor; after the expiration of ten days from this time. —

His Excellency then laid the Report, together with the remarks he had made
thereon in writing, before the Board; which being read and considered, the Chief
Justice, in the name and on the behalf of the Members present, advised, that the same
be entered; and His Excellency having given his word in manner abovementioned.
Ordered the same to be entered of Records accordingly. —

MiKUTEs OF Executive Council Respecting Crowx Lands.2

Saturday 22^^ December 1798.

At the Council Chamber in, the Castle of Saint Lewis

Present
His Excellency General Prescott Governor

and

The Honorable

William Osgoode. C. J. Thomas Dunn

The Lord Bishop James Monk. C. J. M.

Francis Baby & John Young.

Esquires

Upon reading the Minute of the former proceedings, it being observed that the
written answer given in by the Board on the 22^'-^ of September last to the written
paper referred to them by His Excellency on the 20*"^ of September is omitted; The
Chief Justice in the name of the Members assembled at the said Board humbly moves
His Excellency that the said written answer be inserted in the Minutes. —

His Excellency observed in reply that he could not for his own part discover any
good purpose that could be answered by entering the paper alluded to in the Motion :
he had indeed conceived that the intemperate manner in which it was drawn up (even
were there nothing else) would have prevented any Member of His Majesty's Council
from v.'ishing to see it on the Records of the Board. —

The paper alluded to did not perfectly correspond with the Definition contained
in the prefatory part of ihe motion: No written paper had been referred by His

1. This report was on a reference of His Excellency "to consider of the most proper
moans of communicating to the Parties concerned His Majesty's Gracious Intentions con-
tained in the Re^'ulations laid before the Board — respecting the waste lands of the Crown."
'The report together with the Journal of the Committee and His Excellency's observations
follow in order in the Minutes of the Council.

2. From the original minutes of the Executive Council, Land Book D, Lower Canada,
page 298.

230 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Excellency on the 20*^*^ of September last, for an answer on the part of the Board, in
the manner which the prefatory part of the motion would seem to imply: the only
thing that was on that day submitted by His Excellency for the consideration of the
Board, was, Whether, after what he had expressly declared in the Minute, it was the
opinion of the Board, that the Report of the Committee of the 9"^ of August and
the Governor's Remarks thereon should be put on a special file to be open only to the
Governor and the Members of the Council, or be entered in the Books which, by an
old Order of the Board (perfectly conformable to His Majesty's Royal Instructions)
were declared to be open for the information of all persons concerned. —

Had His Excellency been apprized that such a motion was intended to be made,
he would have been more fully prepared on the occasion: it happened however that
he had in his Pocket, the Paper alluded to; together likewise with a brief Memoran-
dum of some of the Reflexions that had occurred to his mind on reading it in Sep-
tember last,^ and by which he was then induced not to direct it to be entered with the
rest of the Proceedings. —

The Gentleman who brought forward the Motion, had fallen into a great
mistake in that part of his introductory observations wherein he supposed that the
Governor had departed from an established practice, and had exercised an
unauthorized and unusual discretion in omitting to direct the entering of the
paper alluded to: had the Honorable Gentleman taken the trouble to inform
himself, he would liave found that the Governors of this Province (and
probably of His Majesty's other Provinces also) had always, at least when-
ever they thought proper, exercised the sole power of directing what papers
should or should not be entered on the Minutes: he might easily have
found instances in which Reports that the Members had been called upon
to draw up, had been laid before the Board, and ordered at once to be put on
the files, without submitting to the consideration of the Board, whether they should
or should not be entered, and His Excellency cannot but think it exceedingly
probable, that the Board may hereafter consider the motion which the Honorable
Gentleman brought forward on the 9*^ of July last for preventing the same steps
from being followed in the late instances, not to have been well judged. So much
of the paper alluded to in the present motion as contained the answer to the ques-
tion submitted to the consideration of the Board had been entered: Further than
this His Excellency had not conceived to be either necessary or proper, particu-
larly as it appeared to him to be more likely to increase that disesteem in which
the proceedings of the Board were then already held than to remove it.

His Excellency was desirous that that disesteem should be removed: He was
by no means voluntarily disposed to give an Order that appeared to him to have a
tendency to increase it.

If however the Members of the Board entertained a contrary opinion, and were
desirous of having the paper entered at large. His Excellency would certainly
comply with their wishes in that respect, rather than suffer it to be for a moment
supposed that he was actuated by any improper motive in refusing it a place on
the Records: but if entered, the considerations which had induced him to omit
ordering it to be entered before, must of course be entered with it.

His Excellency then handed to the Clerk, the paper alluded to in the motion,
together likewise with the aforementioned Memorandum, which were read at the
Board.

Ordered by His Excellency, on the motion of the Board, that the said paper,
together with His Excellency's Observations thereon be entered on the Minutes.

1. The memorandum may be found in the Land Book D, Lower-Canaxia, page^ 199. It
has not been published here thou^rh its substance is embodied in the notes to the " Paper
submitted by the Chief Justice, page 231.

CONSTITUTIONAL DOCUMENTS 231

SESSIONAL PAPER No. 29c

(the paper.) ^

"Thursday 20^ Sepiemher 1798.
" In Council

" Opinion and advice of the Members present ; they being
" The Chief Justice
" The Lord Bishop &
Mess" " Finlay
" Baby &
" Young

" May it please Your Excellency,

" Your Excellency having been pleased to demand the advice of the Members
" at the Board whether you should direct the Eeport referred to, together with Your
" Excellency's Remarks thereon, to be put upon a special file or to enter them upon
" Eecord, the Members present humbly beg leave to observe to Your Excellency —

" That the establishment of Special files, to be open only to the Governor and
" Members of the Council, or to such other particular individuals as might obtain
" special permission from the Governor or of some Member of the Council for that
" purpose, is a proceeding altogether novel ; and it is a prudent maxim with all
" bodies that have been regulated by an ancient course of procedure to admit of no
■' innovation unless the necessity thereof be cogent and the advantage manifest.—

" The Members apprehend that in the present case no such necessity exists,
'' because in their judgement the reasons assigned for the measure are founded on
" a misconstruction. Your Excellency is pleased to state that you can on no
" account whatever depart so far from the orders of Your Royal Master as to allow
" any of his Majesty's Instructions, relative to the granting of the Waste Lands of
" the Crown, or any of the proceedings had thereon so far as the same shall he
" entered upon Record or placed of Eecord upon the ordinary Files to he kept from
" the parties concerned.^

" The Members present are apprized of no Order imiM>sing such extensive com-
"munication. The Order cited is confined to the Royal Instructions merely: and
"was never understood by any of the Members present necessarily to extend to any
" Regulations, Directions, Orders of Reference or Reports of Committees of the
" whole Council. For a Royal Instruction is a well known Document of specific
" description and cannot be extended to or supposed to include any other proceed-
" ings.

" The Members present conceive that Your Excellency's zeal to shew full
■' obedience to His Majesty's Royal Commands has superinduced a f aDacy in argu-
"ment, by substituting the general Term Records for the specific term Royal In-
" structions. The Order does not mention all Records but the Royal Instructions
" upon Record. Otherwise if the Royal Instructions respecting Lands had been
" entered in the State Book, which was optional to the Governor, by this mode of
" reasoning, the Contents of the State Book would become liable to be equally open
"to the public.^

1. From the Land Book D, Lower Canada, pag^e 296 .

2. See page 228.

3. This contention. General Prescott observes, " is just as fallacious as the argument
which it is intended to support: were the premises admitted, they would not (preposterous as
they are) support the conclusion pretended to follow from then ; it would by no means follow,
even from the admission of those preposterous premises, that the contents of the State books
should be open to the public; It would only follow that such of the Entries therein as con-
tained the Royal Instructions relative to the Waste Lands and the proceedings appertaining
thereto, should be open to the public. The preposterousness and absurdity of entering them
in the same Books with the Matters of State ,would be evident to everybody; and for this very
reason were they entered in separate Books." (Land Book D, page 301.)

232 CANADIAN AliCJIITES

4 GEORGE v., A. 1914

" The Members present so far from knowing of any positive Order, to the extent
" alluded to/ conceive, tliat if any discretionary power be vested in the Executive
" Magistrate of this Province, to direct copies to be given of aU the proceedings of
" Council relative to the Land business, such discretion ought to be very sparingly
" exercised, from the shameful abuse that has lately been made of it.

'* It is with real concern the Members acquaint Your Excellency that Hand-bills
'' are posted up in all the conspicuous parts of this city, purporting that Extracts from
'' tha Minutes of Council containing Your Excellency's Order of Reference of the 11*'^
" of June respecting the Waste Lands of the Crown, the Committee's Report thereon
" and Your Excellency's speech in reply, are to be sold ; and it appears that many
'■ hundred copies have been printed and dispersed. This is a scandal which, it is
" believed, never, obtained in the most contentious of the former Colonial Govem-
" ments in any periods of their discord. The Members lament that it shouJd prevail
" in Lower Canada and more especially that it should proceed from the Govemment-
" Press.

" When the Members present reflect on the painful sensations which must be
" excited in those of His Majesty's Ministers who are more immediately connected with
" this Province that saich disgraceful practices should have prevailed therein, they
'• cannot but express their regret that such pain may be increased when they observe
''that from the concluding sentence in certain Remarks from the highest authority
" in this Country, it is more than probably this scandal will be repeated — the Members
" present are much concerned that the King's Representative should think it necessary
" to conclude his Remarks with a menace so extraordinary,^ and that he should deem

1. In this connection Governor Prescott observes: —

" If any doubt could be entertained, whether the Books containing the Entries of the
liroceedinss relative to the prrantingr of the Waste Lands were or were not intended by the
Executive Government of this Province to be open for the information and satisfaction of all
parties concerned, such doubt would be at once cleared up, by the Entry contained in the
Minutes of the 21st January, 1793, ordering an advertisement to be published (and which was
pccordingly published) in the Gazette, under the signature of the Clerk of the Board in the
following words : —

" Council Office, Lower Canada,

21st January, 1793.

" Final Orders remaining to be taken by His Excellency the Governor and the Executive
Council, for reasons inserted in the Minutes of the Board, upon certain petitions for Grant-^
of Parcels of the Waste Lands of the Crown. All Petitioners for Lands in this Province are
hereby notified that the Minutes are open for daily inspection between the hours of Ten and
Three."

It is perfectly evident from the abovementioned Advertisement as well as from the actual
practice which prevailed both before and after, of giving copies of the Entries to such as de-
sired them, that the Records of the Proceedings relative to the granting of the Waste Lands
were considered in the same light as other public Records, open for the information and
satisfaction of all persons concerned. If any Reports or other papers a--eared improper and
uniiecessary to be generally known, they were at that time put on the files without being
entered on the Minutes. (Land Book D, Lower Canada, page 301).

On November 9th, 1799, the question of access to the Minutes of the Land Board was con-
sidered and a new order issued as follows: —

" Whereas misconstructions have been passed on the true Intent and meaning of the
Order of Council of the 21st January, 1793, regarding the Inspection of the Minutes of the
Land Proceeding; and whereas great Frauds have been practised by offering official Copies of
unconfirmed Reports as indubitable Titles to Land ; — to obviate the same in future, it is
ordered ly His Excellency the Lieut.-Governor by and with the advice of the Executive
Council, that the said order of the 21st January, 1793 be, and the same is hereby rescinded;--
and it is further ordered, that all, and every Person may on their own behalf, or as Agents
duly appointed for others, apply to and receive from the Clerk of the Executive Council,
official Copies of each and every order or proceeding of the Executive Council respecting the
Subject Matter of any Petition that may have been presented by them or their constituents
or respecting any matter connected with or arising out of such Petition, when and as soon
as such Proceeding shall be concluded and consummated and not otherwise. Which said Offi-
cial Copies the Clerk of the Executive Council shall and he is hereby required to furnish to the
Parties applying for the same upon Payment of the Customary and approved Fees." (Land
Book D, Lower Canada, page 361).

2. The Governor concluded his remarks on the Report of the Committee of Council or
August 9th with the observation that should the Council " persist in endeavouring to support
an error by running into another, the Governor will not consider himself blameable for any
disesteem to which they may thereby be reduced, nor will he in that case hold himself answer-
able that such errors may not become exposed to the world." — (Land Book D, page 292).

CONSTITUTIONAL DOCUMENTS 233

SESSIONAL PAPER No. 29c

'' so meanly of their understanding as to persuade himself it would produce any con-
'■ sequence.

'' Upon the whole the Members are of opinion that the chief reason assigned for
" the proposing of this novelty, instead of being of cogent necessity does not even
" exist, therefore they cannot recommend its adoption : For the order is imperative
'' with regard to the Royal Instructions only, and not to all other Proceedings on
" Record- And should Your Excellency be advised that you have a discretionary
'' power to make them public, the Members present will hazard the imputation of being
" irregular, from a conviction that their Council is salutary, when they recommend it
" to Your Excellency not to exercise that discretion for the present, but to counter-
'" mand the Directions lately given, so far as they respect Orders of reference. Reports
" of the Committee of the whole Council, and other proceedings which in common
" prudence ought to be kept secret while they remain in deliberation, or while they
" partake of an adverse nature. The effect of such countermand will be to prevent the
'• continuance of that reproach, which, for the credit of this Government the Members
" present do most sincerelj' deprecate.

'* The Members present do therefore humbly advise that thie customary form of
" Entry be used with respect to the Report, the Remarks and Papers accompanying
"' them, without inserting the term Record, which is unusual and sux)erfluous.

" By order

(signed) " W". OSGOODE. P."

Minutes of the Executive Council.^

Monday. ^.5"^ March 1799.

At the Council Chamber in the Castle of Saint Lewis.

Present.
His Excellency General Prescott Governor.

and

The Honorable.

William Osgoode. C. J. Pierre Amable De Bonne

The Lord Bishop. Antoine Juchereau Duchesnay

Hugh Finlay &

Frangois Baby. ' Jolm Young.

Esquires.

Head a Motion of the Chief Justice, in the name of the Members present in Coun-
cil, on the 5*^"^ January last, presented at the Board on that day; together with His
Excellency's observations thereon delivered this day. —

Ordered that the motion and observations be preserved on the riles till further
Order be made thereon. —

(the motion)2

The Minute of the Proceedings of the last Council being read. It appears to the
Members of the Board that the Observations stated to have been made by His Excel-

1. From the original Minutes of the Land Board, Land Book D, Lower Canada, page 317.

2. The Motion and Observations which follow were not entered in the Minutes of the
Board but copies were enclosed in Prescott's despatch to the Dnke of Portland. No. lOD of
March 27th, 1799. See the Canadian Archives, Q. 82, pages 251-261.

334 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

lency in Reply are in their manner somewhat irregular and in their matter not entirely
founded.

The Board humbly apprehend it to be irregular to make written Remarks on any
Observations that may have been orally delivered by a Member sitting in his place,
for this obvious reason — Because the Minutes are framed to the intent of conveying
authentic & unquestionable information to His Majesty of the Proceedings of His
Executive Council. But verbal Observations (without reference to the present case)
are liable to be misconceived by His Majesty's Representative, or to be denied by the
Party to whom they are imputed; whereas written documents are not liable to such
impeachment.

Further it appears to the Board that the Position asserted by His Excellency that
the Governors of this Province, had always, at least whenever they thought proper,
exercised the sole power of directing what papers should or should not be entered on
the Minutes is not only novel but tends to subvert the freedom and privileges neces-
sarily incident to every deliberative body.

They are not apprized of the instances alluded to by His Excellency, and though
frequent precedents were produced they would still contest the principle as being
repugnant to fairness, to policy, and to the obvious ends of their Institution. They
avow a responsibility to His Majesty under the solemn and sacred obligation of an
Oath, but cannot imagine that any person of common discretion would knowingly
subject himself to responsibility for his conduct, and at the same time be debarred
from the privilege of explaining his motives. They humbly conceive that the Spirit
of British Polity, whether domestic or colonial, does in no case exact such unreason-
able conditions from those who engage in civil duties.^

The Members present at the Board will always receive with the most submissive
deference whatever observations His Excellency may be pleased to make in answer
to their written opinions without presuming to reply; but they should hold themselves
most culpably neglectful of their privileges if they omitted respectfully to apprize
His Excellency that they do not concur in the Position that the Governors of this
Province had always the sole power of directing what papers should or should not be
entered on the Minutes.^

The Members present have therefore authorized the Chief Justice to submit these
Observations to His Excellency, and have directed him to move, and he humbly does
move that they may be inserted in the Minutes.

(The Observations)

The Governor's observation? respecting the Motion brought forward by the Chief
Justice on the part of the Members of the Board, January 5*^^ 1799, desiring that a
paper then delivered (containing objections to certain parts of the Contents of the
Entry of the 22^ of December preceding) might be entered on the Minutes.

H

The Members of the Board cannot but recollect that the Entry of the 22^*.
December 1798^ alluded to in the Papers delivered, was made contrary to the
Governor's wishes; the Motion for that Entry was brought forward without any pre-
vious notice, and was, on the part of the Governor altogether unexpected.

Any supposed irregularity therein, whether real or imaginary can be easily done
away (without infringing on the ancient practice of the Board, or adopting any novel
procedure) by expunging the entry altogether, and the Governor will direct it to be
expunged accordingly, if thereunto requested by the Board.

1. For a future reference to this question see page 279.

2. See page 230.

3. Sep page 230.

CONSTITVTIOIVAL DOCUMENTS 235

SESSIONAL PAPER No. 29c

Although the Governor has hitherto complied with the wishes of the Board iu
regard to ordering Papers to be entered on the Minutes, yet he can by no means con-
sider such compliance as ai necessary duty on his part: on the contrary he is fully
and clearly of opinion that where the Governor and the Council shall think differ-
ently, with respect to the propriety of entering any paper, the decision must rest with
the Governor; and he believes this opinion will stand supported by the actual and
constant practice of the Board, as far back as the Eecords extend.

It is worthy of Eemark, that, in the paper delivered by the Hon^^® Gentleman on
the part of the Members of the Board, on the 22°*^ of September last (contained in
the entry of the 22^^ of December) they express a great repugnance to innovations
upon any " ancient course of procedure :"

But in the present paper they seem to have lost sight of that regard for the
" Ancient course of procedure " and declare that, " though frequent precedents were
'' produced, they would still contest the principle." It is not easy to reconcile the dif-
ferent opinions which the Honorable Gentleman has at different times delivered on the
part of the Members of the Board; and the Governor cannot but conceive that the
Members must have given their acquiescence to the Opinions so delivered on sundry
occasions, upon the credit of others, without actually examining into the real state
of the case.

It is impossible to read and compare the different proceedings since the year
1T94 without actual astonishment; and when these are further compared with the
former proceedings, the astonishment becomes infinitely more increased.

The Governor cannot discover any good purpose that can be answered by his con-
tinuing to comply with the wishes expressed on the part of the Board, in regard to
entering on the Records, opinions in which himself and the Council do not concur;
and more especially where those opinions relate only to the Governor and the Council,
without affecting the rights, properties or privileges of any other persons. Every
good end that could result from such Entries, would be equally obtained by preserv-
ing the papers on Files until the differences of opinion might become reconciled,
either by the reconsiderations of the Parties themselves or by the decisions of superior
Authority.

The Governor therefore does not comply with the present motion for the Entry:
but, to prevent any of the Members from supposing that he entertains any the smallest
(Jesire to suppress their opinions, he will order, And it is hereby accordingly ordered
— That the Paper hereunto annexed, containing the objections of the Board to cer-
tain parts of the contents of the Entry of the 22"^ of December last, together with
these Observations, be preserved on the Files, till further Order be made thereon.

(Signed) B. P.

true

Copy.
Tho«

. Gary
A.

C. Ex. C.

Endorsed.

In General Prescott's
To His Grace the

Duke of Portland
of 27'^ March noo.

N°.

100

236 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

DELEGATION OF THE FUNCTIONS OF THE LIEUTENANT GOVERNOR,

UPPER CANADA.

Minutes of Executive Council.^

Council Ohamher Thursday 2^ 1799.

Present in Committee —

The Hon^'e xhe Chief Justice in the Chair

rp, TT le J Alex'' Grant Peter RusseU^

ine ±lon ^^^eas Shaw John M'^G ill \

The Chief Justice' delivered the following Messag'e from His Exee'dency tlie
Lieu*- Governor

The Lieutenant Governor^ takes the Earliest opportunity of informing the
Honorable the Executive Council — that he is arrived in this Pi'ovince, for the pur-
pose of immediately taking upon himself the Administration of the Govemm^.

He also avail's himself of this opportunity to inform the Board, that His
Majesty has been pleased to appoint him to Command his Troops in the two Canadas,
during the absence of His Excellency General Prescott.

He foresees that the duties of each of those Stations, but particularly the
latter, will make it either necessary, or highly expedient that he sh° occasionally be
absent from the Seat of Government and should sometimes visit the Lower Province
sometimes the remoter parts of this —

The occasions which may call him to the Lower Province, he has reason to
think will not last longer than 'till next Spring, & perhaps not so long

He does not foresee however that his absence in either Province will be of
such duration, as to make it necessary for him to appoint any Person to Admin-
ister the Government in the mean time, And he is the less inclined to adopt that Ex-
pedient, as he is satisfied himself, and trusts it will be equally apparent to the Hon-
orable Board, that in Committing the reins of Government to another, the
even for so short a period, it will hardly be possible for him to Administer the
Affairs of the Province which the King has entrusted to him. Upon the principles
which his own Judgment suggests — and for which alone, he can consent to be respon-
sible

In order however to prevent as much as possible any inconvenience that may
arise from his temporary absence, he proposes to appoint a Committee of three
Members of Council, to whom he will give such powers and instructions, and with
whom he will take carp to maintain so constant a Communication, as will he trusts
leave nothing to be apprehended on the Subject.

With this view therefore and with the fullest confidence in the wisdom of the
Board, and the most perfect reliance on its support & co-operation, the Lieutenant
Governor requests that it will state to him the points for which it conceives that
it will be necessary for him to make particular provision, and also to suggest to
him what provision it thinks will be proper and adequate.

York 22 Aug*- 1799— Signed — P. H.

1. From the original Minutes of the Executive Council, State Book B, Upper Canada,
page 421. Although the month is not here given this minute contains the proceedings of the
22nd of August.

2. Pe? page 212, note 3.

3. Lieut.-General Peter Hunter was born in Scotland in 1746. He served in the army
during the Revolutionary War and -was laler stationed at Niagara as Colonel in Command of
the 60th Regiment. In December, 1788. Lord Dorchester appointed him chairman of tho
Land Board of the District of Nassau. In 1790, he acted as Superintendent of the British
Honduras. He was appointed Lieut. -Governor of Upper Canada in April 1799, and on Gen-
eral Prescott's departure assumed command of the forces in the two Canadas. He died at
Quebec after a very brief illness, August 21st, 1805.

CONSTITUTIONAL DOCUMENTS 237

SESSIONAL PAPER No. 29c

Minutes of Executive Council.^

Saturday 5^"' August 1799.

Present in Committee

The Honorable

The Chief Justice ^ Chairman.
Alex^". Grant
Peter Russell —
John M^Gill

Esqrs.

The Board resumed the Consideration of His Excel](encys Message and the Chief
Justice was pleased to Read the following Report

Council Office 24"^ Aug*. 1799

Sir, — I have the Honour to inform your Excellency that in obedience to Your
Commands, I have communicated your Message of the 22^^ Instant to the Executive
Council.

The Board begs leave to assure Your Excellency that it heard with more than
common pleasure of the appointment of a Gentleman to the Supreme Civil and
Military Station in this Province who during his former residence in it had given
such solid proofs of his good will towards it, as leaves no doubt that he wiil avail
himself of every means which his present Situation puts in his power to advance its
prosperity.

We are well aware, that the nature of Your Excellencys Military appointment
will occasionally require Your absence from the Seat of Government, and from the
Province itself. But as You are pleased to inform us, that those absences will be but
of short duration, we shall gladly contribute all in our power to prevent any incon-
venience that may ari-<8, or be apprehended from them.

With this view we have taken into our most serious consideration the Subject
referred to us, and have distributed under certain heads the points for which we con-
ceive that it will be necessary for Your Excellency to make provision. Suggesting
at the same time, the expedient, which we thinlc may answer the purpose proposed.

Those heads appear to us to embrace whatever relates

1^*^ to the Administration of Justice.

2^ To the Revenue.

3'^'' To the business of the Land Granting Department

4'*^ To such Subjects, not reducible under any of the former heads, as will require
Your Excellencys Signature, with or without the Solemnity of the Great, or the
Privy Seal.

I'*' Under the head of the Administration of Justice may be comprehendi d the
Commissions, Civil & Criminal, which it may be necessary to give to the Judges, &
the Commissions of the Peace, which will be necessary for the several Districts into
which the Province vvill be divided, when the new Bill takes effect.^ It will also be
necessary to appoint New Sheriffs Coroners, Judges of the District Courts, Clerks
of the Peace and Officers of the Surrogate Courts, as well as to issue new Com-
missions to the Old ones : rll of which the Board thinks may be provided for, without
much difficulty before Your Excellencys departure.

2*^ Under the head of the Revenue, may be comprised the issuing of Money by
the Receiver General, the issuing of Shops, Still, and Tavern Licences, by the
Secretary, and the Auditing and approving of the Public Accounts.

3f3. From the original Minutes of the Executive Council, State Book B, Upper Canada,
nage 424.

2. For this Act >ee page 222.

238 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

With respect to the Authority under which the Eeceiver General is to issue the
Public Money, we conceive it to be a point more immediately interesting to that
Officer, than to the Board, we therefore content ourselves with saying that we
will chearfully sanction any arrangement which Your Excellency & he, may make
on the Subject.

The issuing of Shop Still, and Tavern Licences may we conceive be very easily
provided for by Your Excellency's signing them in blank, & leaving them, as has
hitherto been the practice with the Secretary, under his accountable receipt.

With respect to the Confirmation or rejection by Your Excellency of the accounts
Audited and Approved by the Executive Council, we Apprehend, that as there will
not be more than one Audit during the probable period of Your Excellencys Absence,
if Your Excellency will take our assurance that we will not at that Audit allow of
any charge which has not either been allowed before, or comes within some Settled,
& recognized principle, We apprehend there can be no difficulty

3*^ On the Subject of the Land Granting Department the Board has for some
time past felt an encreasing inclination not to dispose of any more of the Waste
Lands of the Crown, on payment of fees, except where the faith of Government is
pledged to do so, or where a considerable public advantage may be expected from it.
The claims of the TJ E. Loyalists and their Children, which are founded on the Royal
order, and those of the few individuals who have either received what in the Official
phrase are called Appropriations, or what we esteem of equal validity, a promise that
in bringing their families into the Province, they should receive donations of Land,
are of the former kind. With respect to the claims of the Loyalists we have no
choice: with respect to those of the other description as well as those who can have
no claim, but what is founded on the advantage of introducing industrious & opulent
Settlers into the Province, we cannot think that Your Excellency will feel much
difficulty in trusting them to us, until Your return, because if we should be mistaken
You will have an opportunity of rectifying the mistake when the Grant is tendered
to You for signature. But exclusive of all this we have reason to thinlc, that there
are as many Grants in their way thro' the different Offices of the Department, as will
fully occupy it, until Your Excellencys return, Should however any considerable
Number of them be ready for Signature before that period, we presume that the
Committee which Your Excellency proposes to leave behind You, will not fail to
concert such arrangements with Your Excellency as will prevent any material delay.
We do not foresee any necessity for ordering further Surveys of the waste, and
unlocated lands of the Crown to be made at present, but should any such arise it
cannot be so pressing as not to allow an ample time for enquiring Your Excellency
pleasure.

The last head to be considered is that of the instances not reducible to any gen-
eral head, in which Your Excellencys Signature may be requisite, with or without
the Great or the Privy Seal; We shall enumerate some of the more striking of them,
and at the same time Mention, the Expedient which we conceive will prevent any in-
convenience during Your absence

1^*^ The Prorogation of the Legislature — This we apprehend may be provided for by
Your Excellency, leaving behind You a proper Number of Proclamations signed in
Blanl^—

2^ The Attestation by Your Excellency of the Certificates of residence which are
necessary in order to enable the different Officers of Government who are paid in Great
Britain to receive their Salaries. In this we see no great difficulty, if Your Excellency
will direct a Report to be made to You on that Subject by the Committee whom You
will leave behind You.

3* The issuing of Marriage Licences. We see no reason why these may not be
left in Blank with the Secretary under his accountable receipt, & an order from
Yoiir Excellency not to issue them without the sanction of the Committee.

CONSTITUTIONAL DOCUMENTS 239

SESSIONAL PAPER No. 29c

A variety of other services might perhaps be enumerated, but we believe none
of any Magnitude have been omitted.

Having thus Stated to Your Excellency the several purposes for which provision
must be made, and also suggested what we conceive the nature of that provision
should be — permit us to address Your Excellency with that Sincerity which wie con-
ceive to be one of the first duties we owe You, and which we hope and trust is per-
feciily compatible with the profoundest respect both for Your Person and Your
Situation.

There is Yet a point more important than any we have Mentioned, but for which
we have not suggested any provision; because we know of none that can be adequate;
We mean the general Superintendance and Conduct of the Government of the Pro-
vince in all its branches the inspection in detail, of all the Departments, the pre-
vention of abuse : the detection & punishment of Misconduct, the maintenance of our
external relations as well with the Indians asi with the United States in Short, the
whole of that which forms the Appropriate and incommunicable Prerogative and
function of the Governor or Lieu*^ Governor, & the possession of which is so much
an Act of the peculiar and personal confidence of His Majesty, that it is to a certain
degree withheld even from a President Administring the Government, and cannot
in any degree be exercised by the Executive Council or any association of its Mem^
bers. We do not Mention this to Your Excellency with a view of throwing difficulties
in the way; but for the purpose which we shall take the Liberty to State: In our
apprehension His Majestys Commission and Instruction to the Governor &c of this
Province,^ from the Constitution of its Executive Power, and generally speaking may
not be departed ' from. By that Commission and those Instructions the Eldest or
such other Councillor as shall be thereunto expressly nominated is during the absence
of the Governor to Administer the Government, and we conceive that it is not in the
power of the Governor or Lieutenant Governor to make any arrangements incon-
sistent with this, without the sanction of the same authority from which this is de-
rived. Should any thing of the kind be at any time attempted, we conceive it would
be the duty of those in our Situation not to countenance it.

In ou.r construction of that article of the Commission, and Instructions, we do
not think that a momentary absence from the Province on a private and still less,
on a public occation is within the Spirit and Meaning of the Eoyal pleasure: or that
a casual overstepping of its limits, by the L* Governor even tho' he should not be
invested with a Military or any other character which might require it, would make
it necessary for him to give the reins of Government out of his own hands — We con-
ceive that the Article applies to that continued and indefinite absence which makes
it impossible for the person so absent to Administer tbe Government but with great
delay, trouble, & inconvenience such as can on no account be considered as com-
patible with the intention, and expectation of His Majesty — that the Lieutenant
Governor should be resident ; such an absence, in short as makes it of little conse-
quence whether he Administers it from any other part of America or even from
Europe itself.

It is difficult perhaps impossible, to draw such a distinct line on so delicate a
Subject, as will afford a general rule; and it is fortunate for us, who tho' Associated
in very humble degree, are still to a certain degree associated with Your Excellency
in the Executive Government, that it is so — because it is equally difficult, & perhaps
equally impossible to lay down any general rule which may not be made to compre-
hend within its letter some violent departure from its Spirit. Each case therefore
must stand upon its own circumstances and it is from a most serious, and allow us
to add, a most anxious consideration of all the circumstances of this, that we have
found and rejoiced to find ourselves permitted by our duty to Him whose Servants

1. See the Commission to Lord Dorchester, page 12, and Article 65 of the Instructions
to Dorchester as Governor of Upper Canada, pajje 48.

240 CAXADIAN ARCHIVES

4 GEORGE v., A. 1914

we both are, to give to Your Excellency the Support, and co-operation which you
require of us, — and of which we hope that the preceding pages will not be a dis-
pleasing earnest. We feel it at the same time to be a duty which we owe to our-
selves, to Record in this solemn Manner, the particular principle on which we found
our conduct, and on which we also rest our hope, that what is done on this occation,
will never be considered as forming a precedent for any case which is not exactly
similar, in all its circumstances. The principal is shortly this. —

We cannot allow ourselves to think that when His Majesty appointed Your
Excellency, to the Command of the Troops in the Canadas during the absence of
His Excellency General Prescott, it escaped him that the very nature of that Com-
mand would necessarily oblige You to be occationally absent from the Seat of
Government, and to visit diiferent parts of the two Provinces within Your Com-
mission.

It is however plain to us, that His Majesty did not consider those absences as of
the nature which would require the appointment of any person to administe.- tlie Civil
Government until Your return, — because had such been the Case, the same paternal
attention to the welfare of his People which suggested to him the .Mcasuie of appoint-
ing Your Excellency to Command the Troops during the absence of (general Prescott,
wovdd also have shewn him the propriety of Nominating or at least directing Y'' Excel-
lency to Nominate some person to Administer the Civil Government during Your
own— And as we have reason to believe, and indeed to know that His Majesty would
have thought His Province perfectly safe, in the hands of the Person who immediately
preceded Your Excellency,^ and who has been honored with the Royal approbation of
bis Services, but without any intimation that they would soon be again call'd for;
From these circumstances we infer that in the opinion of His Majesty, your occat-
ional and temporary absences upon the business of Your Command, do not amount
to the Case in which the Administration of the Civil Govemm'^ by His especial
Instruction and order is required to be committed to another.

Having thus discharged the duty which our consciences and our Judgements told
us we owed to our Sovereign and to ourselves, in explaining and recording the reasons
of our conduct in a situation Which tho' new in point of fact, we conceive to be in
point of principle, provided for by the Code which guides us as Members of the
Executive Govermnent — We tresspass no longer on Your Excellencys time than to
repeat our assurance if we know ourselves You will on this, and on all other occations
find us ready to co-operate to the utmost of our Streng-th with Your Excellency in all
Your endeavours to promote the prosperity of the Province committed to Your Care.

I have the honour to be. Sir,

Y' most obedient Servant '
Signed J. Elmsley C : J :

Adjourned

Minutes of Executive Couxcil.
Sunday — P^ September 1799.

At a Council held at the Chief Justices House —

Present.
The Chief Justice — Chairman
The Hon*^'® Alex"" Grant — Peter Russell
^Eneas Shaw and
John M-^Gill

1. Mr. Peter Russell who was at this time a member of the Executive Council.

2. From the original of the Minutes of the Executive Council, State Book B. Upper
Canada, page 437.

CONSTITUTIONAL DOCUMENTS 241

SESSIONAL PAPER No. 29c

The Chief Justice produced and Eead the following Message from His Excellency.

The Lieutenant Governor returns his warmest thanks to the Honorable the Execu-
tive Council for its answer to his Message of the 22^^ Ultimo He thinks the Board
has pointed out every purpose for which it will be necessary to make provision during
his Absence and is satisfied that the mode of making that provision which the Board
has suggested will be found equal to the occasion.^

He perfectly approves of the care which the Board has taken to rest its conduct
on Constitutional groimds, by taking His Majesty's Commission and Instructions to
the Governor as its Guide.

Kothing now remains but to nominate the Persons who are to Compose the Com-
mittee, which he purposes to leave behind him, for the purpose of Maintaining an un-
interrupted, communication between himself and the Seat of Goverimient. He there-
fore nominates the three Senior Members Usually resident at York, (Viz) The Chief
Justice,^ M''- RusselP and M""- Shaw,* or any two of them — with power to call in the
assistance of M''- M^'Gill,^ in case of the unavoidable absence of any one of them,
with whom he will take care to leave power & Instructions® fnlly sufficient for any
case that can be at present foreseen, or is likely to happen.'^
York Sl^^ August 1799. Signed P. H.

1. Writing to Lieut. -Governor Hunter July 24th, 1800, the Duke of Portland expresses
the opinion that " The measures you have taken to provide for the Civil Administration of
the Province during such occasional absences from the seat of Government as your Military
Duties may require, are perfectly proper." (Canadian Archives, G. .53, page 349.)

2. Sea page 212, note 3.

3. See page 34, note 4.

i. Lieut.-Colonel Aeneas Shaw had served under Colonel Simcoe in the War of Independ-
ence. He was early selected by Simcoe for appointment in the service of Upper Canada'.
In 1793, he was made a member of the Legislative Council and in the following year was*
appointed to the Executive Council. Ha took a keen interest in the militia of the province.
For several years he was in command of the Post at York and was a Captain of the Queen's
Rangers at the time of its reduction in 1803. His reduction to half pay compelled him to
relinquish his seat as an ordinary member of the Executive Council although he continued
to act without pay until 1807. In June, 1811, he was given the rank of Major General in the
army. He died in 1814. _ '

5. John McGill was a native of Scotland and emigrated to Virginia in 1773. During
the Kevolution he remained loyal to the Crown and gained distinction as an officer of the
Queen's Rangers. He acted as Commissary General at Quebec before the division of the:
Province and later was appointed Commissary of Stores and Provisions for Upper Canada.
He was made an honorary member of the Executive Council in 1796 and succeeded Colonejl-
Shaw as an ordinary member in 1808. In 1797, he was given a seat in the Legislative Council.
He was appointed inspector General of Public Accounts in 1801 and Receiver General of the
Province in 1813. He died in 1834.

6. A letter of Instructions, dated September 2nd, was left with the members of the
Committee. In it Lieut.-Goveruor Hunter states: —

"The Instructions I have to give you, will lie in a very narrow compass when I inforw
you that it is not my intention to make the smallest alteration at present in anything that
has been done before my arrival. My wish is, that everything during my absence, may go
on as formerly, and that there be not the smallest cessation or interruption of the public
business, except that which is necessarily and unavoidably occasioned by that absence.
Should any inconvenience happen ('though I confess I do not foresee any) from that circum-
stance, I will take all the blame on myself, and shall be happy to find that I am the only
delinquent.

Tho' you are to consider yourselves all equally interested in the matters of your trust,
yet I shall take it for granted that the Chief Justice will consider whatever relates to thu
Administration of Justice as more immediately within his care, as Mr. Russell will every-
thing connected with the Revenue. Should anything arise respecting the Militia or thi
Troops stationed in the Province, I trust that Lieut.-Colonel Shaw will pay it particnlaj-
.ittention." <'Canadian Archives, Q. 286, pt. 2,*page 402.)

General directions are then given regarding specific questions of Administration. Sep-
arate instructions were given Mr. Russell, the Receiver General, authorizing him to piay out
monies under temporary warrants bearing the signature of two members of the committee.
^See State Book B, Upper Canada, page 446.)

7. The absence of the Lieut.-Governor in 1802 was the occasion for resort to the same
practice. The Minutes of the Executive Council for July 19th contain a direction from th©
Lieut.-Governor that " it is his pleasure that the standing committee of Council shall resume
their powers agreeably to the original arrangement, exceipting with this difierence, that
instead of calling in the assistance of the Hon'- John McGill occasionally, he is added to the
standing Committee of Council, to attend the Council Board at all times, and upon all occa-
sions, when practicable." (See State Book C, Upper Canada, page 237.)

29e— 16

242 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

PORTLAND TO MILNES.^

Lieut Gov'' Milnes,

&c. &c. &c.

Whitehall 28«' Feb: 1800.
N° 6.

Sir

I sometime since received His Majesty's Commands to signify His Pleasure to
His Royal Highness the Duke of York, for the purpose of confining within its due
limits the extent of the Military Authority in His Majesty's North American Prov-
inces, and I cannot but believe that by that Letter, a Copy of which you will receive
inclosed, all future occasion of embarassment or uneasiness to any of His Majesty's
Civil Gov"^ in that District will be entirely prevented. If however my expectations
should happen to be disappointed in that respect, I have His Majesty's Commands to
signify to you, that you are to consider the directions contained in that Letter in the
same light as if they were addressed immediately to yourself, and you will take care
to conduct yourself in exact conformity to them. —

I am &<»
(Signed) PORTLAND.—

(Enclosure, Poktlakd to the Duke of York.)^

Whitehall, 21^ Feh^ 1800
Sir,—

By the Copy of His Majesty's lustruct"^^ to the Gov'', Lieut. Gov'", or the Person
administering the Government of Upper Canada for the time being, dated the 15**
Dec' 1796, which I herewith beg leave to lay before Your Royal Highness, it will
appear to Your Royal Highness that the Person in whose hands the Executive
Authority of Upper Canada is placed, is exclusively vested with the management of
the Indian Department in that Province, and the recommendation of the Officers
necessary to conduct it [subject to His Majesty's approbation:] Your Royal High-
ness will also observe that the Instructions inclosed are formed so absolutely on that
Principle, that the Power of giving any special Order with respect to that Department
in case of any sudden emergency which may require it, is cautiously witheld from
the Commander in Chief, and restricted to the Gov' Gen^ in His Civil Capacity
[should there be any such Officer as Gov' Gen^ then in being] so that it wiU be evi-
dent to Your Royal Highness that no connection or intercourse whatever does or was
intended to exist in this respect between the Departments of Commander in Chief of
North America, and the Civil Government of Upper Canada: Your Royal Highness
will therefore see the necessity I am under of representing to Your Royal Highness
against the exercise of a Power, which I am persuaded has been inadvertently assumed

1. From the original copy in the Canadian Archives, G. 539, pagre 371. Eobert Shore
Milnes was born in England in 1746. He entered the army and secured a commission in tho
Royal Eeeiment of Horse Guards. In 1795, he succeeded General Prescott as Governor of
Martinque but after a short period ill health compelled him to resign. In November 1797,
he received a commission as Lieut. -Governor of Lower Canada and in 1799 was ordered to
relieve General Prescott. He arrived in Quebec in June and took the oath of office on the
30th of July. He was created a Baronet of the United Kingdom in February, 1801. Jia
December, 1803, failing health compelled him to ask for leave of absence. In the following
year this was granted, but he was unable to leave the country until August, 1805. He re-
tained his commission as Lieutenant-Governor of the Province until November, 1808.

2. From the original copy in the Canadian Archives, G. 539, page 367.

The Duke of York had been promoted to the post of Commander-in-Chief of the Army
in April, 1798,

3. For the Instructions see page 189.

CO^'STITUTIOXAL DOCUMENTS 243

SESSIONAL PAPER No. 29c

By His Eoyal Highness The Duke of Kent in His Capacity of Commander in Chief

of His j\raiesty's Forces in North America/ by the Appointment of a Person to the
Office of Deputy Superintend* Gen^ of Indians, which was held by the late Col.
McKee,' and which is, as Your Eoyal Highness will observe by the Instructions above
referred to, an Office in the Civil Establishment of Upper Canada, & distinctly in
the appointment of the Civil Government of that Province. —

I forbear from troubling Your Royal Highness with a Detail of the Duties of
the Office, or with the reasons which make it indispensibly necessary that it should be
fill'd by a Person who is intimately conversant with the Interest, disposition. Lan-
guage & customs of the Indians in that quarter of the World, because it will be
evident to Your Royal Highness's superior Judgement, that in this as well as in every
other instance, the Administration of His Majesty's Colonial Government cannot be
carried on with Propriety, unless the Gov'^, Lieut. Gov" or Persons administering the
same, are alone responsible for the exercise of that Authority which His Majesty has
thought proper to place in their hands, that it is therefore absolutely necessary that
their responsibility should in no degree be diminished by the interference of any other
Person, the consequence of which would be to afford & hold out a ground of
excuse or apology to be resorted to on the Part of the Governors in the Colonies for
any Act of misconduct which they might commit in the administration of the
Governments over which they preside.

Having felt it to be my duty to represent this case to the King, I have received
His Majesty's Commands to acquaint Your Royal Highness that it is His Majesty's
Pleasure that His Royal Highness the Dul^e of Kent should be forthwith informed
that the Civil Concerns of all His Majesty's North American Provinces, and the
appointments to Civil Offices of every Description within the same can only be man-
aged and recomm.ended to, by the Persons administering the Civil Government
therein, submitted to the King through that Department, with which His Majesty
has directed them to correspond: and consequently that the Office lately held by Col.
M^Kee is now, and must be considered to all intents and purposes as vacant, until
His Majesty's Pleasure with respect to Col. M^Kee's Successor be signified to the L*
Gov'^ of Upper Canada,^ whose duty it is to submit [in conformity to the inclosed
instructions] thro' one of His Majesty's PriEi'cipal Secf® of State, the Name of such
Person, with an Ace* of his Character & Services, as he shall esteem to be best quali-
fied for fulfilling the duties of such Office, for His Majesty's further directions therein.
It being His Majesty's opinion, that a strict & invariable adherence to these Com-
mands of His Majesty is indispensibly necessary to preserve the conduct & Manage-
ment of the Public Service in its regular & established Course. —

I am

H. R. H. [Signed] PORTLAND.

The Duke of York.

1. On May ITtli, 17G9, tlie Duke of Kent was appointed General and Commander-in-Chief
of His Majesty's Forces in North America.

2. On the death of Colonel McKee in January, 1799, Mr. Kussell, as Administrator ot
tho Government, issued a commission temporarily vesting: the office of Deputy Superintendent
General of Indian Affairs in a committee cousistinj? of .Tames Baby, Alexander Grant and
Thomas McKee. The Governor-in-Chief, General Prescott, recommended the appointment of
Captain Claus, an officer trained in the Indian Department and grandson of Sir William,
•Tohnson. On the basis of this recommendation and subject to His Majesty's approval, Capt.
Claus wa5 appointed and undertook the duties of the office in March, 1799. In July, the Duko
of Kent appointed Colonel Connolly to succeed Colonel McKee and save orders to supersede
any other appointment which might have been made. A representation was made by Lieut.-
Governor Hunter stating the circumstances of the case and asking that the original appoint
ment be confirmed. See the letter of Hunter to the Duke of Portland, December 28th, 1799,
and its enclosures, Canadian Archives, Q. 287, pt. 1, page 18.

3. His Majesty's approval of the appointment of Captain Claus was communicated to
Lieut.-Govemor Hunter by the Duke of Portland in his despatch of July 24th, 1800. See the
Canadian Archives, G. 53, page 355.

29c— 16^

244 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

MILNES TO PORTLAND.^

Duplicate ' Quebec 13 May 1800

N". 23
My Lord,

From your Grace's dispatch N". 6- and its Inclosure whicli I have this day
had the Honor to receive, I conclude it is His Majesty's Intention that the Indian
Department in Lower Canada should, during the Absence of the Governor General,
be under the Conduct and management of the Lieutenant Governor; at the same
time I beg leave to submit it to your Grace whether it would not be proper that a
Koyal Instruction to this effect should be transmitted to me accompanied by an Order
to the Commander in Chief in the two Provinces directing him to pay out of the
Extraordinaries of the Anuy the Salaries of the several officers employed in the
Indian Department in this Province upon receiving from the Person administering
ihe Government a Certificate of such Salaries being due, and also that the Presents
intended for the Indians in Lower Canada should be subject to the control and direct-
ion of the Person administering the Government who will of course make the
i.ecessary Requisitions on this account to the Lords Commissioners of His Majesty's
Treasury

I have the Honor to be. My Lord Your Grace's — most obedt and most humb. Servt

ROBT. S. MILT^ES. i

His Grace

The Duke of Portland ,■

Endorsed :

Quebec IS"* May 1800
Lieut. Gov'^. Milnes

Duplicate. , \

ADDITIONAL INSTRUCTION RELATING TO INDIAN AFFAIRS, LOWER

CANADA.=^

(CO. Quebec 1795—1800. Vol. 3.) In Sec^ of State's despatch N°. 7 of 12.
July 1800.

Additioxal Instruction to the Governor, Lieutenant Governor, or the Person
Administering the Government of Our Province of Lower Canada for the
time being. Given at Our Court at Saint James's the Sixteenth day of
July 1800 in the Fortieth Year of Our Reign.—

Whereas We judge it to be conducive to the better Regulation of Our Concerns
with the Indian Nations within Our Province of Lower Canada, that the same should
be conducted by the Person exercising the Government of Our said Province for the
time being; it is therefore Our Will and Pleasure that you do take upon you the Con-
duct and Management of Our Concerns with the said Indians within the Province
of Lower Canada ; and that you do from time to time give to all Persons whom it may
concern such Directions for the due Executien of these Our Instructions as occasion

1. From the copy in the Canadian Archives, Q. 84, page 288.

2. S-e page 242.

3. From the copy in the Canadian Archives, M. 231. page 74. For a similar instruc-
tion relating to the Province of Upper Canada, see page 189.

I

CONSTITrilONAL DOCUMENTS 245

SESSIONAL PAPER No. 29c

may require, such Directions nevertheless to be subject to any special Orders directed
to you from such Person as shall at any time be constituted and appointed by TJs to
be Governor General of Our Provinces in North America. — And it is Our Will and
Pleasure that all Persons holding Commissions in the Indian Department within
Our Provinces of Lower and Upper Canada, so far as the same relates to the Pro-
vince of Lower Canada shall follow such Orders and Directions as they shall from
time to time receive from you in the Execution of this Our Instruction, any thing
iu the said Commissions to the contrary notwithstanding. — And you are in case oi
any vacancy iu any Office or Place in the said Indian Department within Our Pro
vince of Lower Canada to transmit to Us by the first Opportunity through One of
Our Principal Secretaries of State, the name of such Person, with an Account of his
Character and services, as you shall esteem to be best qualified for fulfiling the Duties
of such Office, for Our further Directions therein.

G. R.

REDISTRIBUTION ACT, UPPER CANADA.^

In the Fortieth year of George the Third.

CHAP. in.

An Act foi- the more equal Representation of the Commons of
tliis Province in Parliament, and for the hetter defining the Quali-
fication of Electors.

I4:th July 1800.]

For the better representation of the Commons of this Province in
Parliament,^ Be it enacted by the King's Most Excellent Majesty,
by and with the advice aud consent of the Legislative Council and
Assembly of the Province of Upper Canada, constituted and
assembled by virtue of and under the authority of an Act passed
in the Parliament of Great Britain, intituled, "An Act to repeal
certain parts of an Act passed in the fourteenth year of His
Majesty's reign, intituled, 'An Act for making more effectual pro-
vision for the government of the Province of Quebec, in North
America, and to make futher provision for the Govei'nment of the
said Province," and by the authority of the same. That from and
after the end of the present Parliament, the Representation of the
Commons of this Province in the House of Assembly, shall be in
manner and form following, that is to say: —

The Counties' of Glengary and Prescott, shall be together Representation.
Represented by two^"^ Members. (^) Tj^^ numbers

The Counties of Stormont and Russel, shall be together Repre- in italics repealed
sented by one Member. by 48th Geo. 111.,

. c. 11 s 1

The Counties of Dundas, Grenville, Leeds, Erontenac, and
Prince Edward, be each Represented by one Member.

1. From The Statutes of His Majesty's Province of Upper Canada,
edition of 1818.

The Provincial Statute, 48 Geo. Ill, Chap. XL, repealed so much of
this Act, " as relates to the number of members to repre^sent the Commons
of this Province in the House of Assembly," and increased the member-
ship to twenty-five. Another Act of 1820 further increased it to forty. See
sh p t(> twenty-five. Another Act of 1820 fiirtlier increa.sed it to forty.

2. The existing basis of representation was determined by the Pi'o-
clamation of 17c2 dividing the Province into counties. See page 77.

3. For the boundaries of the various counties see the " Act for the
Dit-hdon of Upper Cvuada into Counties,' page 222.

246 CANADIAN ARCHIYES

4 GEORGE v., A. 1914

The incorporated Counties of Lenox and Addington, be together
Represented by one Member.
~ The Counties of Hastings and Northumberland, be together

Represented by one Member.

The County of Durham, the East Riding of the County of
York, and the County of Simcoe, be together Represented by one
Member.

The West Riding of the County of York, the first Riding of the
County of Lincobi, and the County of Haldimand, be together
Represented by two Members.

The second, third and fourth Ridings of the County of Lincoln,
be together Represented by two Members.

The Counties of Oxford, Middlesex, and Norfolk, shall together
be Represented by one Member.

The County of Kent, shall be Represented by one Member.

The County of Essex, shall be Represented by two Members.

Qualification of ^^- ^""^^ ^^ ^^ further enacted hy the authority aforesaid. That

electors. no person shall be considered as qualified to vote, or shall vote at

the ensuing election for a Member to Represent the Commons of
this Province in Provincial Parliament, who shall have sworn allegi-
ance to any Foreign State; or have been a stated resident in the
Dominions of the same, unless such person shall have been previously
and bona fide resident in this Province, or in some other of the
Dominions of His Majesty, for, and during the term of four years then
next preceding, and shall have taken the oath of allegiance to His
Majesty; and that on any future Election, no such person or per-
sons shall vote as aforesaid, until he or they shall have been pre-
viously and bona fide resident in this Province or in some other of
His Majesty's Dominions, for and during the term of seven years
next preceding, and shall have taken the oath of allegiance to His
Majesty.

ACT FOR THE FURTHER INTRODUCTION OF ENGLISH
CRIMINAL LAW INTO UPPER CANADA."^

40 George III, Chap. I.

An Act for the further introduction of the CRIMINAL LAW of
ENGLAND in this Province,and for the more effectual
PUNISHMENT of certain OFFENDERS.

[Uh July, 1800.]

jjggj{.gj WHEREAS the Criminal Law of England was by an Act of the

Parliament of Great Britain, passed in the fourteenth year of His
Majesty's reign, intituled, " An Act for making more effectual pro-
vision for the government of the Province of Quebec, in North
America, introduced and established as the Criminal Law of this
Province: And whereas divers amendments and improvements have
since been made in the same by the Mother Country, which it is
expedient to introduce and adopt in this Province; Be it therefore

1. From " The Statutes of His Majesty's Province of Upper Canada,'
edition of 1818.

CONSTITUTIONAL DOCUMENTS 247

SESSIONAL PAPER No. 29c

enacted by the King's Most Excellent Majesty, by and with the

advice and consent of the Legislative Council and Assembly of the

Province of Upper Canada, constituted and assembled by virtue of

and imder the authority of an Act passed in the Parliament of

Great Britain, intituled, " An Act to repeal certain parts of an Act

passed in the fourteenth year of His Majesty's Reign, intituled,

* An Act for making more effectual provision for the Government of

the Province of Quebec, in North America, and to make further

provision for the Government of the said Province," and by the

authority of the same. That the Criminal Law of England, as it rj,j^g Criminal Law

stood on the seventeenth day of September, in the year of our Lord, of England

one thousand seven hundred and ninety-two, shall be, and the same iiitr<3duce<l ^'^ }^

is hereby declared to be the Criminal Law of this Province. ^jay of Sept. 1792,

II. Provided nevertheless, That nothing herein contained shall Saving of Ordin-
be taken or construed to vary, repeal, or in any manner to affect any ances made since
Ordinance of the late Province of Quebec, which may have been q^q ttt'

made since the said fourteenth year of His Majesty's Reign.

III. And whereas the punishment of burning in the hand, when
any person is convicted of felony within the Benefit of Clergy, is
often disregarded and ineffectual, and sometimes may fix a lasting
mark of disgrace and infamy on offenders, who might otherwise
become good subjects and profitable members of the community;

Be it therefore enacted by the authority aforesaid, That from and when any person
after the passing of this Act, when any person shall be lawfully con- is convicted of any
victed of any felony within the Benefit of Clergy, for which he or ht°S^ liable'' to""^
she is liable by law to be burned or marked in the hand, it shall and burnt in the hand,
may be lawful for the Court before which any person shall be so the Court may,
convicted, or any Court holden for the same place with the like burning, impose
authority, if such Court shall think fit, instead of such burning or on him a
marking, to impose upon such Offender such a moderate pecuniary i^oderate fine, or
fine as to the Court in its discretion shall seem meet; or otherwise Manslaughter,
it shall be lawful, instead of such burning or marking, in any of oi'der him to be
the cases aforesaid, except in the case of manslaughter, to order and ^^ ^^pp^ •
judge, that such offenders shall be once, or oftener, but not more
than three times, either publicly or privately whipt; such private
whipping to be inflicted in the presence of not less than two persons
besides the offender and the officer who inflicts the same; and in
case of female offenders, in the presence of females only; and such
fine or whipping so imposed or inflicted instead of such burning or
marking, shall have the like effects and consequences to the party on
whom the same, or either shall be so imposed or inflicted, with
respect to the discharge from the same or other felonies, or any
restitution to his or her estates, capacities and credits, as if he or
she had been burned or marked as aforesaid.

IV. Provided always, and he it further enacted hy the authority r^^^^ ^^f. j^^j. .^.^

aforesaid, That nothing in this Act contained, shall abridge, or abridge the

deprive any Court of the powers now vested in it by law, of detain- powers vested in
. , , . . . . ,. , ,. ' the said Courts of

mg and keeping m prison, lor any time not exceeding one year, or imprisoning

of committing to the House of Correction, or Public Work-house, offenders.

to be kept to hard labor, for any time not exceeding one year, or of

committing to the House of Correction, for any time not less than

six months, or exceeding two years, any such offender as aforesaid;

but that such offender may, if such Court shall think fit, after such

burning or marking, or after such whipping or fine as shall by virtue

248

CANADIAN ARCHIVES

Banishmeut
substituted for
transiMjrtation.

Provision in
case of return
from banishment
or being found
at large in the
Province before
the period is
expired.

Xot to restrain

•tlie power of

His Majesty to

pardon.

(See 34th Geo.

III. 2.)

4 GEORGE v., A. 1914

of this present Act be inflicted or imposed instead thereof, be so
detained or committed, and with such accumulated punishment, in
case of escape from such House of Correction, or Work-house, as if
this Act had never been made.

V. And whereas so much of the said Criminal Law of England,
as relates to the transportation of certain offenders to places beyond
the seas, is either inapplicable to this Province, or cannot be carried
into execution without great and manifest inconvenience. Be it
enacted by the authority aforesaid. That when any person shall be
convicted of any crime, for which he or she shall be liable by law,
to be transported, the Court before which such person shall be so
convicted, or any Court holden for the same place, with the like
authority, instead of the sentence of transportation, shall order and
adjudge, that such person be banished from this Province, for and
during the same number of years, or term for which he, or she would
be liable by law to be transported, and do remove him, or herself
therefrom within a space of time to be then fixed and declared by the
Court, and which shall, in no instance be less than two days nor
more than eight, including the day on which such sentence of
banishment shall be passed.

VI. And he it further enacted hy the authority aforesaid. That
if any person on whom such sentence of banishment shall have been
passed as aforesaid, or to whom His Majesty, His Heirs or Succes-
sors, shall hereafter be graciously pleased to extend the Royal
Mercy upon condition of his, or her, leaving the Province for any
term of years, or for life, shall be found at large in any part thereof
without some lawful cause, after the time within which he, or she,
shall have been so banished, or shall have so consented to leave the
Province, and before the expiration of the term for which he, or
she, shall have been so banished, or shall have so consented to leave
the same, every such offender being thereof lawfully convicted, shall
suffer death as in cases of felony, without benefit of Clergy; and
such offender may be tried either before Justices of Assize, Oyer
and Terminer or Gaol Delivery, for the District, County, or place
where such offender shall be apprehended and taken, or where he, or
she, may have received such sentence of banishment; and the Clerk
of the Crown, Clerk of the Peace or other officer, having the cus-
tody of the records where such sentence of banishment shall have
been pronounced,or the Register of the Province in the case of such
conditional pardon as shall at the request of any person on His
Majesty's behalf, and without fee or reward, make out and give a
certificate in writing, sig-ned by him the said Clerk of the Crown,
Clerk of the Peace or other officer, or by the said Register, respec-
tively, containing the effect and substance, omitting the formal part
of every indictment and conviction of such offender, and of the
sentence of banishment, or of such conditional pardon respectively,
to the Justices of Assize, Oyer and Terminer and Gaol Delivery,
where such offender shall be indicted, which certificate shall be suf-
ficient proof of such conviction and sentence of banishment, or of
such conditional pardon respectively.

VII. Provided nevertheless. That nothing herein contained shall
be construed in any manner to restrain, or preveiQt His Majesty, His
Heirs or Successors, to grant an absolute and unconditional pardon
to such offender, and to allow of his, or her return to this Province.

CONSTITUTIOXAL DOCUMEKTS 249

SESSIONAL PAPER No. 29c

MILNES TO PORTLAND.!

Duplicate
Separate

&
Secret

Quebec 1 November 1800
My Lord

On my first taking upon myself the administration of the Affairs of this Prov-
ince I was extremely struck with the wavering state in which I found the Interests
of Government. I have since been at much pains to discover the real Causes of this
situation of things which I plainly saw lay deeper than, I believe, is generally sup-
posed by His Majesty's Ministers; and I am so forcibly impressed with a persuasion
that this Subject ought to be attended to, that I feel it my Duty to lay before Your
Grace, such Remarks as have occurred to me respecting it, in order that Your Grace
may be fully apprized of the real State of the Country, and take such Measures as
you may think fit to strengthen the Executive Power in Lower Canada.

However excellent in itself the new Constitution may be which His Majesty has
graciously been pleased to grant to the Province, I conceive the Foundation of it must
rest upon a due proportion being maintained between the Aristocracy and the lower
Orders of the People, without which it will become a dangerous Weapon in the hands
of the latter. Several Causes at present unite in daily lessening the Power and
Influence of the aristocratical Body in Lower Canada: I cannot however but think
that Measures might be adopted to counterbalance in some degree this Tendency, and
I shall hereafter have the Honor to point them out to your Grace: but in order tu
make myself clearly understood I must first explain what I consider to be the princi-
pal Causes by which the Influence of the Aristocracy in this Country has gradually
been reduced to it's present State.

The first and most important of these I am of opinion arises from the manner
in which the Province was originally settled; that is, from the independent Tenure
by which the Cultivators (who form the great Body of the People and are distinguished
by the appellation of Habitants) hold their Lands; and on the other hand from the
inconsiderable Power retained by those called the Seigneurs, and the little disposition
they feel to encrease their Influence, or improve their Fortunes by Trade.
Hence by degrees the Canadian Gentry have nearly become extinct, and few of them
on their own Territory have the Means of living in a more affluent and imposing
Style than the simple Habitants who feel themselves in every respect as independent
as the Seigneur himself with whom they have no further Connexion than merely the
obligation of having their Corn ground at his Mills, paying the Toll of a Fourteenth
Bushel, which they consider more as a burthensome Tax than as a Return to him for
the Lands conceded by his Family to their Ancestors for ever upon no harder Condi-
tions than the obligation above mentioned, a trifling Rent, and that of paying a
Twelfth to the Seigneur upon any transfer of the Lands.

The Second Cause which I apprehend tends to lessen the Influence of Government
in this Province is, the prevalence of the Roman Catholic Religion and the Indepen-
dence of the Priesthood:" this Independence I find goes considerably further than
what was intended by the Royal Instructions wherein it is particularly declared to be
His Majesty's Pleasure " that no Person whatsoever is to have Holy Orders conferred
"upon him, or to have the Cure of Souls without a License for that purpose first had
" and obtained from the Governor "^ &c. &c. But this Instruction has hitherto never

1. From the original copy in the Canadian Archives, Duplicate Despatches, Lower
Canada.

2. For a discussion of this point by Sir Jamos Craig see page 388.

3. See Article 44, Clause 2 of the Instructions to Lord Dorchester as Governor of Lower
Canada page 24.

250 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

been enforced, by which means the whole Patronage of the Church has been thrown
into the hands of the* Roman Catholic Bishop, and all connexion between the Govern-
ment and the People through that Channel is cut off, as the Priests do not consider
themselves as at all amenable to any other Power than the Catholic Bishop.

A singular Instance lately occurred of this Independence: A Priest at Terre-
bonne near Montreal interfered in the most indecent manner in the late Election for
the County of Effingham; he exerted all his Influence to prevent the Solicitor
General from being chosen, and violently supported a Man who had been expelled
from the last House of Assembly on account of his having been convicted of a Con-
spiracy, and who was consequently considered as a dishonored Person.^ Upon thi8
man's being chosen the Priest actually went so far as to perform High Mass in the
Parish Church, to return Thanks as he termed it, " for the reelection of this Martyr."
In justice to the Canadian Bishop I must add, that upon my Representation he did
every thing which was proper to be done on the occasion.

Another Circumstance which has greatly tended to lessen the Influence of Gov-
ernment since the Conquest has arisen from the necessity which then existed of dis-
embodying the Militia: but as I am by no means of Opinion, considering the Cir-
cumstances which took place a few years since, that it would be either practicable or
prudent to call out the Militia at this particular moment." I shall not enter further
into this Subject at present, though I shall hereafter revert to the Militia even in its
present State as a Means by which a certain degree of Influence might still perhaps
be established in the several Parishes.

It may be unnecessary to observe to your Grace how much more important the
above Facts are become since the establishment of the new Constitution. In the time
of the French Government an Ordinance, issued in the name of the King, was suffi-
cient to enforce the execution of any Measure that was deemed expedient without any
discussion taking place upon the subject, or its entering into the Minds of the
unlettered Habitants to doubt for a moment the propriety of the Measure.

But since the establishment of the present Constitution in the year 1792, the
Case is very different every thing being previously discussed in the House of
Assembly; and unless a certain preponderance can be maintained in that House (which
at present is by no means as firmly established as I could wish) the Power of the
Executive Government will insensibly become nothing.

Very few of the Seigneurs, as I have already hinted, have sufficient Interest to
insure their own election or the election of any one to whom they give their Support
in the House of Assembly, and the uneducated Habitant has even a better chance of
being nominated (though he cannot perhaps sign his name) than the first Officer
under the Crown : There was a moment when I even despaired of getting the Attorney
General into the present Assembly;^ and though it is undoubtedly better composed
than the last, it is far from being so respectable a Body as Government might wish.

The Canadian Habitants are I really believe an industrious, peaceable and well
disposed People; but they are, from their want of Education and extreme simplicity,
liable to be misled by designing and artful Men, and were they once made fully
sensible of their own Independence, the worst Consequences might ensue. They are in
fact sole Proprietors of nearly all the cultivated Lands in Lower Canada.

The Seigneurs and Ecclesiastical Bodies to whom the Lands were originally
granted having conceded the greater part of their Lands for ever, with little or no
reserve, to the Cultivator in small Parcels of from One to Two Hundred acres retain-

1. In the election for the County of Effingham in July, 1800, Mr. Charles B Bouc who
had previously been expelled from the House of Assembly defeated the Solicitor General, Mr.
Foucher. The Solicitor General, however, was returned for the County of York. In 1802 an
Act was passed disqualifying Mr. Bouc from being elected to the Assembly. See page 294.

2. For the opinion of Sir James Craig on the state of the Militia in 1810, see page 398.

3. The Attorney General, Mr. Jonathan Sewell, was elected for the Borough of William
Henry.

CONSTITUTIONAL DOCUMENTS 251

SESSIONAL PAPER No. 29c

iug only as I have already observed the Property and Profits of the Mills, a certain
Proportion of their Produce which is sometimes paid in kind and in various ways,
and the Lods et Ventes; and this Species of Property attached to the Seignorial
Rights is by the ancient French Laws of Inheritance, which occasion frequent sub-
divisions of Property, in a few Generations become quite inconsiderable, whereby the
Situation of the Seigneur has in many Instances been reduced below that of the
Vassal. Each Habitant cultivates as much Land as he can manage with the Assist-
ance of his own Family, and as is necessaiy for its support; and having thus within
themselves from year to year all the Necessaries of Life, there cannot be a more *
independent Race of People, nor do I believe there is in any part of the World a
Country in which Equality of Situation is so nearly established. Except in the Towns
of Quebec, Montreal and Three Rivers, little or no difference is observable in the
Affluence of the Canadians but what may in some Measure arise from the local Cir-
cumstances of more or less favorable Situation, a richer Soil, or a greater or less
degree of exertion.

The Counties are divided into Parishes each Parish chiefly extending about Three
Leagues along the Rivers S*^. Lawrence and Chambly, and to each of which there is a
Parochial Church ; the principal Person in every Parish is in general the Priest and
the next the Captain of Militia,^ and it is through the latter that any Business is
transacted for Government.

Having endeavoured to give your Grace some insight into the actual State of this
Country, which I could more fully enlarge upon if I was not apprehensive of intruding
too much upon your time till I have received your permission so to do, I shall proceed
to point out the means by which I imagine the Influence of Government might be
immediately extended to the distant Parts of the Province, and though I am conscious
this cannot be effected without a certain expence to the Mother Country, I consider
that expence as inconsiderable when compared to the Sums it would require to quell
any disturbance that might for want of timely precaution take place in the Province :
The apprehension of such an Event though not immediate is strongly impressed on
the Minds of some of the best Friends of Government.

I am well aware the chief Object to be depended upon to encrease the Influence
of the Crown, will be by means of the Waste Lands; and in that point of view the
delay that has taken place in the Land Business is greatly to be regretted and it
becomes an Object of peculiar importance to Government that no further delay may
occur to prevent the clearing and settling of the immense Tracts that are now in the
hands of the Crown undisposed of, as their being granted in free and common Soccage
will in time (if judiciously granted) form in this Province a Body of People of the
Protestant Religion that will naturally feel themselves more immediately connected
with the english Government; but as this cannot be expected to have any immediate
Effect, I am inclined to think that in the mean time much may be done first through
the catholic Priests, and secondly by means of the Militia.

The present Catholic Bishop is extremely well disposed to Government;^ he is
allowed by His Majesty Two Hundred Pounds per annum as Superintendent of the
Romish Church; in addition to which he receives from Government a Rent of £150
p' annum for the use of the Bishop's Palace at Quebec which is occupied by Public
Offices:^ He has lately applied to me for an encrease of this Rent, signifying at the
same time that his Income is very inadequate to his Situation and the Calls which

1. On the station and duties of the Captain of Militia see the Provincial Statute prO'
viding for the regulation of the Militia, 34 Geo. Ill, Chap. IV, and the Act amending this
36 Geo. III. Chap. XI. ^ '

2. Monseigneur Pierre Denaut was at this time the Roman Catholic Bishop of Quebec.
fThe Superintendent of the Roman Catholic Church was not officially styled the Roman
Catholic Bishop of Quebec until a later date.) See page 304, note 3.

3. Since 1792, the Legislative Council had assembled at the Bishop's Palace. It con-
tinued to meet there until the transfer of the seat of government to Montreal in 1838.

252 - CANADIAN ARCHIVES

4 GEORGE v., A. 1914

are made upon it, -which I have reason to believe is a just Statement. This Applica-
tion offers an occasion of attaching the Canadian Bishop more particularly to Gov-
ernment, if by such an encrease of his appointments as His Majesty shall graciously
be pleased to allow his Situation was made easy, at the same time requiring of him
a strict attention to that part of His Majesty's Instructions to the Governor which I
have before mentioned.^

This I am of opinion would tend very much to increase that Consideration which
the Priests themselves ought to feel, and to encourage in their Parishioners for the
Executive Government, at the same time that it would ensure the cooperation of the
Canadifin Bishop: But in order to carry this point particular care must be taken to.
chuse a proper moment, and if the Bishop should be found decidedly averse to make
the Sacrifice required of him, it ought perhaps to be defered till the Peace.

The Priests have a 26**^ of all the Grain, which may be valued at Twenty Five,,
or Twenty Six Thousand Pounds a yeai-, which alone must make their Influence very
considerable, and especially as the Religious Bodies are in possession of nearly One
Fourth of all the Seignorial Rights granted before the Conquest (excepting those of
the Jesuits Estates latterly taken into the possession of the Crown) as will appear by
the Inclosure.-

With regard to the Militia it will be more difficult to give Your Grace a clear
and distinct Idea of the Mode in which I am inclined to think use may be made of
this Body to support the Interests of Government throughout the Province, and to
disseminate Principles of loyalty amongst the Canadians in opposition to that spirit
of democracy which has lately gained so much ground in many Parts of the World,
but fortunately has not at present made any material progress in Canada.

The Population of Lower Canada is computed at about One Hundred and Sixty
Thousand Souls, Nine Tenths of whom reside in the Parishes before described, dis-
tinct from the Towns, and from these are drawn the Canadian Militia which amount
to 37,904 between the ages of 16 and 60. In the Parishes here aluded to, there are
292 Captains of Militia who are chosen from among the most respectable of the
Canadian Habitants (the Etat Major amounting to 16 being in general chosen from
among the Seigneurs) and here it is necessary to inform your Grace how far undei"
the dominion of France the Body of the People were regnilated in all public Matters,
by the Officers of Militia; the Captains of Militia being the Persons employed to
issue and enforce the public ordinances and the Corvees, and who through the
Authority thus delegated to them by Government possessed considerable Influence in
their respective Parishes.

Although under His Majesty's Government these Powers have in a great Measure
been withdrawn, especially since the establishment of the new Constitution, there
still remains in the minds of the Canadians a certain Consequence attached to the
Character of Captain of Militia; and as I have before observed to your Grace, it is
still customary on all public occasions to employ this useful Class of People to per-
form many Services for Government which they have hitherto done without other
reward than merely that arising in their own Minds from the Honor and respect-
ability of the Appointment; but this though sufficient to render it desirable is, as
they feel, by no means an equal return for the considerable Portion of their time so
employed: If then by means of an honorary and pecuniary reward, or by any Plan
that may be approved of by the Executive Council, this Class of the Canadians could
be brought to consider themselves as the immediate Officers of the Crown, and peculi-
arly attached to the Interest of Government, there is no doubt that such an Influence
from the Circumstance of being equally diffused over the whole Province would
effectually tend to keep alive among the great Body of the People that Spirit of Zeal

1. See page 249.

2. The enclosure gives the total amount of land granted prior to the conquest as 7,985,470
(arpents?). Of this 2,096,754 (arpents?) had been granted to the church.

C02fSTITVTI0NAL DOCUMENTS 253

SESSIONAL PAPER No. 29c

and Loyalty for monarchical Government which I believe to be natural to the Cana-
dians, but which for the want of an intermediate Class to whom they can look up, and
from their having no immediate Connexion with the Executive Power is in danger of
becoming extinct.

That Loyalty is a lively principle in the Breasts of the Canadians I have no
doubt, if I may judge from the expressions of satisfaction which are shewn by all
Ranks whenever the Representative of His Majesty only passes through the Country :
this I myself experienced (though at that time personally unknown) in the Tour I
lately made through the Province.

There are several other Means- besides those I have already stated by which I am
convinced, a proper Bias may be maintained in the Minds of the Canadians, so as I
should hope would secure the Province against any internal Commotion or Dis-
affection, the Details of which I shall reserve until I shall receive your Grace's Sanc-
tion to trouble you further on this head, particularly as in order to give your Grace
a complete Idea of this Subject and the extent of my Plan it will be necessary to
solicit your attention while I lay before you a Sketch of the relative Expences of the
Civil Department of Lower Canada, and the Military Expenditure of the Canadas,
by which it will appear how little Proportion exists in the Expences of those Depart-
ments, and what a considerable saving may hereafter accrue to Government if accord-
ing to the Plan proposed, and by a more liberal allotment to the Civil Expenditure
such an Influence could be attained over the Minds of the Canadians as might in the
course of time not only secure the Province from any interior Commotion or disaf-
fection, but likewise insure the cooperation of the Inhabitants in the Defence of the
Province against the Attempts of a foreign Enemy without the aid of such a con-
.siderable militai-y Establishment as the Mother Country has hitherto maintained in
this part of His Majesty's Dominions.

The Deficiency of the Revenue, upon an average of the last Five years of the
( ivil Expenditure, amounts as will appear in the Paper I have the honor to transmit,
to £12,000 p"" annum,^ and the yearly Military expenses of the two Canadas, according
to the best Information I can collect, to about £260,000/. This Expence would in the
case of any Tumult or Insurrection in the Country, or of a War with the neighbouring
States, most probably be double its present amount; and this Consideration alone
shews how infinitely important it is to the Mother Country that your Grace should be
made acquainted, while there is yet time, with every means by which the Influence of
the Crown may be encreased, and the hands of the Executive Power strengthened.
But there is another Consideration of perhaps greater importance than any
above mentioned; could such an Influence be obtained throughout the
Province by means of the Priests and the Captains of Militia as I have
ventured to look forward to, that Influence when fully established might
also be employed so as at all times to ensure a Majority in favor of
Government in the House of Assembly, and to secure the election in that House of
such Men as from their Education and Knowledge of Business are most likely to see
the real Interests of the Province in their true light, and not to be deluded by the
falacious Arguments of any popular Speaker from giving their entire Support to the
Executive Government. The defect of such an Influence over the Elections lessens
the respectability of that Assembly in a very great degree, and partrcularly as from
the absolute Want which has so long existed of the Means of Education and the
inability of the Canadians to support the Expence that would attend sending their
Sons to the Mother Country for that purpose, there are at present scarcely any rising
Men, and but few Men of talents among the Canadian Gentry.

From this and other Causes the Business of the House of Assembly is transacted

1. According: to the statement enclosed by Milnes the average annual revenue for the
five years commencing in 1795 was £13,199, while the average expenditure, exclusive of the
payments for the support of the Protestant Clergy, was £25,200.

254 CAXADIAX ARCHITEfi

4 GEORGE v., A. 1914

with so little System or regularity that the oldest Members are some times unable to
form a judgment of what is likely to be the result of their deliberations on the most
common Subjects.

While a due preponderance on the side of Government is so manifestly wanting
in the Assembly it is considered by the Well wishers of Government as a fortunafife
Circumstance that the Eevenue is not at present equal to the Expenditure, & your
Grace will immediately see the necessity on this account of preserving, in appearance
at least, that disposition in a greater or less degree, as there is reason to apprehend
that in case the Province could be induced to Tax itself in a degree equal to the Calls
of the Executive Government, the Right of regulation and control over the whole
would probably be aspired to by the Assembly, which could not fail of producing the
most injurious Consequences to the Colonial Government, rendering it from that
moment dependent on the Will of a popular Assembly.^

The Burthen which is at present thrown upon the Mother Country will be fully
compensated for whenever the Sums that shall arise from the Sale of the Waste
Lands begin to come in, and particularly if (as appears by the Dispatch of the IS*^*^ of
July 1797 to Gen^ Prescott" to have been in cqntemplation) it should be determined
to appropriate the Monies arising from those Sales to the purchase of Stock in the
English Eunds, and the Interest of this Stock to go in aid of the Civil Expenditures
of the Province in such manner as the Lords Commissioners of His Majesty's
Treasury may direct.

The Quantity of Land which from first to last will have have been at the disposal
of Government is computed at about 150 Townships equal to Ten Million of Acres
which have actually been applied for, including as is supposed the principal part of
the ungranted Lands in Lower Canada that are deemed convenient for settlement and
fit for cultivation.

Of the above about 35 Townships only are in contemplation to be granted on the
original Terms proposed in the year 1792^ consequently 115 Townships will remain
for the future disposition of the Crown exclusive of the Church and Crown Reserves
consisting of Two Sevenths set a part in the Townships already granted.

The Wealth, Power and Influence that must accrue to the Mother Country when
those Lands become settled is an object of self evident magnitude, and must in time
make a full return for whatever will be found necessary in the mean while to support
and secure so valuable a Colony.

I flatter myself there can be no doubt that the liberality with which His Majesty
has lately been pleased to provide the Means of Education in the Province* will go a
great way to secure the affection and loyalty of the rising Generation who would
otherwise be in danger of imbibing Principles inimical to His Majesty's mild and
paternal Government by the necessity which has hitherto existed of their being sent to
the neighbouring States for education. The respectable footing upon which the
Protestant Church is about to be put in Quebec will likewise tend to encrease that
Consideration which ought to prevail for the Established Church.^

When I began this Despatch I did not foresee the length into which I have been
inevitably drawn, but I trust I shall stand excused in the opinion of your Grace by
the motives that have actuated me in this research, and I may trulj' say I have no

1. Foi; the extent to which this prophecy came true see page 366.

2. For this despatch see the Canadian Archives, Q. 78, page 311.

3. See the Proclamation relating to the granting of Cvown Lands, page 60.

4. The Duke of Portland's despatch. No. 7 of July 12th, 1800, expressed approval of a
new policy for the establishment of free Public Schools and authorized the Lieutenant-
Governor to make a generous expenditure for their siipport. The result was the founding
in the following year of " The Royal InstitJition for the Adva.ncement of Learninq." See tne
Act 41 Geo. Ill, Chap. XVII, and also Sir James Craig's reference to it at page 392.

5. Provision had recently been made for the erection of a Metropolitan Church at
Quebec.

CONSTITUTIONAL DOCUMENTS 255

SESSIONAL PAPER No. 29c

other view than a full and consciencious discharge of all the Duties that belong to tho
Situation which His Majesty has been pleased to entrust to me.

I have the Honor to be
My Lord

Your Grace's
Most obedient and
Most humble Servant

The Duke of Portland EOBT. S. MILNES.

&c &c &c

PORTLAND TO MILNES.^

Secret and Separate.

Dft. to

Lieu*. Gov'". Milnes. Whitehall, 6 January 1801.

Sir, — The matters stated in Your Letter to me separate and secret of the 1*^
November are so highly important to the King's Canadian Government that I shall
make them the subject of the separate Dispatch.

The prevalence of the popular influence in Lower Canada seems to be attributed
by you to three principal causes, viz* — first, the separate and unconnected Interests
of the Seigneurs and the Habitans, by which the latter are become totally independ-
ent of the former, and are not likely to be influenced by them in any respect — secondly
— the Independence of the whole body of the Roman Catholick Clergy, who are ac-
oountable to no other authority than that of their own Bishop; and thirdly — the
necessity there has been of disembodying the Canadian Militia, in consequence of
that Country's having been conquered by His Majesty's Arms, and the inexpediency
of their being called out under the present circumstances.

As the separate and unconnected situation of the Seigneurs and Habitans arises
from the Established Laws and Usages of the Province in regard to the property held
in these two descriptions of Persons, it is an evil certainly to be regretted; but I fear
it will be very difiicult, if not impossible, to remedy; and as the Canadian Gentlemen
can derive no influence from their Landed possessions, it must necessarily be left to
the particular exertions, ability and ambition of the Individual Seigneurs to emerge
from their present State of insignificance — all that can be done in this respect, is to
hold out motives for execution, and to give all possible encouragement in those in-
stances where any disposition of the kind is found to exist^ — but before I proceed

1. From the copy in the Canadian Archives, Q. 86, pt. I, page 3.

2. In a secret letter of June 10th, 1801, Lieutenant-Governor Milnes, in reference to this
point, observes:

" At the time I offered my first Remarks on these heads to your Grace I did not foresee
that any Circumstances could be looked forward to by v/hich the remains of the Feudal
System migfht in time be set aside by mutual consent of the Seignior and his Tenant: the fur-
ther Information which I have gained on this subject in consequence of the enquiries I was
led to make previous to encouraging the bringing forward the Lots et Ventes Bill has led me
to 1>elieve, as I have already hinted in a Letter on this Subject, that a Remedy to the evils
attending on the existing tenures may possibly result from that Act of the Legislature. It
will be self evident to Your Grace that as long as the Lots et Ventes due to His Majesty
remained unclaimed no one in His Majesty's Censive could be expected to be desirous of these
Dues being commuted, but as the regular payments may now be expected to take place from
this time in consequence of the Act, it will become a desirable object with those who hold
improvable property to agree to a commutation of those Fines in His Majesty's Censive, and
such a commutation, authorized by an Act of the Legislature taking place upon a liberal
plan, and at the option of both parties, the effect will be found so beneficial that I have little
doubt of its being by degrees generally adopted ; by which means the feudal Tenure which
has hitlierto been an obstacle to the acquisition of Landed Property by Englishmen will be
done away, and the Lands being then held in common Scccage, His Majesty's English subjects
will be induced to become purchasers of Extensive Tracts which are now possessed in small
portions by Canadians and thereby an intermixture of English and Canadians will take
pUice and ultimately an aristocracy of both may be formed." (Canadian Archives, Q. 87, pt.
1, page 93).

256 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

further I can not help expressing to you my surprise that the establishment of the
Canadian Battalion in Lower Canada, the principal object of which was to draw the
Canadian Gentlemen from their Indolent and inactive habits and to attach them to
the King's service, should have met with no greater success^ — had any eagerness been
manifested in completing this Battalion, it might have been judged adviseable to form
a second and third of the same sort in case the spirit and inclination of the King's
Canadian Subjects appeared to call for it.

With respect to the Roman Catholick Clergy being totally independent of the
Governor, I must first observe that I am not aware of the causes that have led to a
disregard of that part of the King's Instructions, which require — "That no person
" whatever is to have Holy Orders conferred upon him or to have the care of Souls,
" without Licence first had and obtained from the Governor."- The resumption and
exercise of that power by the Governor and the producing such a Licence requisite
for admission to Holy Orders, I hold not only to be of the first importance, but so
indispensably necessary, that I must call upon you to endeavour to effect it by every
possible means which prudence can suggest — you will therefore readily conclude that
I must see with pleasure your proposal for encreasing the Allowance to the Catholick
Bishop adopted almost to any extent,^ if it can prove the means of restoring to the
King's Representative in Canada that power and controul which are essentially neces-
sary to his authority, and which is expressly laid down by the 44*'* Article of your
Instructions above alluded to.

The third and last cause of the preponderance of the popular influence viz*, the
situation of the Canadian Government with regard to its Militia appears to me to
carry with it, its own Remedy; inasmuch as the Establishment itself is capable of
being converted into an Instrument of considerable ^^'eight and authority in the hands
of the Executive Power, provided the measure I have to suggest should meet the opin-
ions and sentiments of the Canadians themselves — according to your statement what
Secerns to be wanting is to put the Militia upon such a footing that its being called out
shall be so much for the Interest and advantage of those that compose it as to render
it favorable to the measure. With this view I have examined your Militia Acts of
May 1794 and May 1796,'* and the particular in which they strike me as being defective
is that they contain no Provision for the Annual Meeting of the Militia or even any
part of it, except for two days in the year for the purpose of being mustered; what I
would propose therefore is (in case of its meeting with the approbation of the Legis-
lature) that a certain proportion of the Militia to be chosen by Ballot should be called
out to be exercised for 3 weeks or a month in each year during which time the Officers
tmd men who shall be called out should be allowed the same pay and subsistence as
His Majesty's Regular Troops — ^It would of course be provided that the men who
should be chosen by Ballot in any one year, should not be ballotted for again until
the residue of the militia should have been called out; by which means all the Officers
and men would take their regular tour of duty & partake of the advantages arising
from their being called out.

The adoption of this part of our Militia Law (with such variations as local cir-
cumstances may call for) will necessarily require that another part of it should be

1. On this question Lieutenant-Governor Milnes remarke, " I am unable to account to
Your Grace for the little success which has attended on the establishment of the Canadian
Battalions. When I left England I was given to understand that the Patronage of that
'3orp9 was considered to belong to the Civil Department, but Mr. Dundas's Letter No. 2 of
15th February, 1794, to Lord Dorchester expressly mentions that it is His Majesty's pleasure
that His Lordship or the Commander-in-Chief for the time being should be the Colonel of the
said Battalions, though at Halifax and I believe in the other Colonies, there is no doubt
that the patronage of the Provincial Corps is vested in the Governor, and were it so here it
might be a means of drawing out the Canadian Gentlemen. (Canadian Archives, Q. 87, pt.
I, page 94.)

2. See Ai-ticle 44 of the Instructions to the Governor of Lower Canada, page 24.

3. For Milnes' proposal, see page 252.

4. See the Provincial Acts, 34 Geo. III. Chap. IV, and 36 Geo. Ill, Chap. XI.

CONSTITUTIONAL DOCUMENTS 257

SESSIONAL PAPER No. 29c

adopted, viz*^. the permanent pay of an Adjutant to each Regiment and of a certain
number of non-commissioned officers, fifes Drums as in the militia of thisi Kingdom.

In amending the Canadian Militia Bill in the manner I have suggested. Provision
might also be made for such other Appointments as would be necessary during the
time of the annual exercise of that portion of the Militia which may be called out.
What the number and description of those appointments should be, must depend upon
the number of militia men to be called out and must therefore be regulated on the
spot.

You will understand that I am only stating the outline of such amendments to
your Militia Laws, as I conceive to be most likely to secure the objects you have in
view, and to create and establish that interest and connection which should subsist
between the Militia and the Executive Authority of the Province.^

Should you be of opinion tliat these amendments will meet with the concurrence
of the Legislature, the sooner they are digested and put into proper form with, the
Assistance of the Executive Council and the Law Officers of the Crown, the better;
and you will as immediately as possible transmit to me an Estimate of the additional
Expence which will be created by them, in forming which Estimate I am confident
you will take care to keep it as Low as the object to be attained by the adoption of the
proposed amendments will allow of.

These leading points relative to the Roman Catholick Clergy and the Militia
being carried, every future step which is made in the settlement of the Province must,
by making Grants of the Waste Lands of the Crown to Protestants upon the con-
ditions, and subject to the Regulations now finally established and acted upon in the
Land Granting Department necessarily tend to lessen the degree of popular influence
which is at present possessed by that description of His Majesty's Canadian subjects
which constitutes so great a proportion of the inhabitants of the Province at large.

I need not add that I shall be anxious to receive your answer to this letter, as
well as the further details which you promise to communicate to me.

I am &c.

PORTLAND.
Endorsed.
Secret & Separate

Dra'.
To L*. Gov^ Milnes

6 January 1801.

MILNES TO PORTLAND.^

Duplicate

Quebec, 16 April 1801.
My Lord,

Among other Bills passed this Session which I shall hereafter have
the honor to transmit to Your Grace as soon as Copies can be prepared, there is one
relating to the Lots and Ventes due to His Majesty which demands particular notice
from me, I have therefore thought it necessary to lay before Your Grace the inclosed
abstract (A)^ of that Bill for Your immediate information.

1. On this proposal Lieutenant-Governor Milnes observes:

" I am still of opinion that the Establishment of the Militia is capable of being converted
into an instrument of considerable weight ami Authority in the hands of the Executive
Power, but how far the measure mentioned by Your Grace may be ventured upon or meet
the opinions and sentiments of the Canadians, I am not competent yet to say in order to
obtain all the Information which will be requisite on that head, I purpose viewing the Militia
in their present state in the course of this Month, and making myself acquainted with th»
officers." (Canadian Archives, Q 87, pt I, page 95).

2. From the copy in the Canadian Archives, Q. 86, pt. I, page 157.

3. See pa«e 259.
29c— 17

258 CAKADIAX ARCHIVES

4 GEORGE v., A. 1914

The very pi'eat iinportain-e of the suhjec-t and the cireimi^taiu-e (if the Speaker
of the Legislative Council ]\P. Chief Justice O-goode having thought it necessary to
enter his protest against the Bill upon the Journals of the Legislative Council,^
induced me to refer the Bill for Ilis Majesty's Attorney General's Report (B)- thereon
which I now likewise transmit : the able manner in which he has considered the subject
leaves me little more to do than merely to subjoin my own opinion, and I feel it in-
cumbent on me to declare that I not only coincide most fully in the opinion of the
Attorney General that it is a measure in every respect of sound policy, but I consider
its having been carried as a material step towards abolishing in this Province the
Feudal Tenure.

How this Measure is likely to operate in the manner here alluded to Your Grace
will find fully explained in the Report of the Attorney General. I shall not therefore
take up Your Grace's time by entering into a repetiti6n on this part of the Subject.

There is one consideration however that the Attorney General has not adverted
to, which I regard as very important.

The Fines called Lots and Ventes being due comparatively speaking from a few
Individuals only to His Majesty and the same Fines being paid by Ninety-nine
persons in a Hundred to the different Seigneurs, and the two Seminaries at Quebec
and Montreal, so long as they remained unclaimed on the part of the Crown any Tax
wJiieh the Legi-slature should see fit to raise in the Province on the whole body of the
People might have been deemed unjust, and evidently bvirthening the whole Province,
in order to favor the few who happen to be within the Kings Censive.

I must further add that since the Act has received the Royal Assent I have
heard nothing which can make me regard it as unpopular; but should it be so con-
sidered by any of the persons from whom Mutation Fines are due, no unpopularity
on Account of it can attach to the Executive Government as the Measure originated
in the House of Assembly by whom Lord Dorchester's Message (D) of the 29**^ of
April 1794,2 (which was read in the House when this Business was brought Forward,)
(E) was considered as giving His Majesty's sanction to their Interference.^

I may mention that one of the Gentlemen who opposed the Measure in the
Legislative Council, has readily consented to be in the Commission formed under the
Act and which will be most respectably composed ; it will consist of M'". Justice Dunn,
M"". Baby and M"". Taschereau, Legislative Counsellors, M''. Lester, a Member of the
House of Assembly, and a fifth person, who is not yet made choice of.

In the next Session of the Legislature it is probable a Bill will be introduced to
commute the Lots and Ventes in His Majesty's Censive, which could never have been
accomplished whilst an Expectation was entertained that they would remain un-
claimed, and this it is hoped will be a prelude to a similar commutation in the other
Seigniories.

It is estimated that the sum which will be raised in the first Instance by the Bill
will amount to upwards of Five Thousand Pounds, and that it will produce a con-
siderable sum annually; the amount in the last j-ear of the French Government 1759,
was about Nine Hundred Pounds.^

I transmit to Your Grace an Answer to (F)'' the protest of Mr. Osgoode signed by
the Members of the Legislative Council who differed in opinion with him, and which
thej' requested I would allow them to present to me.

Towards the close of the late Session a Bill was passed by the Lower House for

1. See page 262.

2. See page 2G4.

3. For this message, see page 262, note 2.

4. See the Journal of the Legislative Assembly for February 2u<l, 1801.

5. See the Eeport of General Murray on the state of the Government of Quebec. Con-
stiivtional Docvmenis, 1759-1791, Shortt and Doughty, 1907, page 42.

6. This reply is not reproduced but is embodied in substance in the notes to Mr.
Osgoode's protest.

COX^STITUTIOXAL DOCUMEXTS 259

SESSIONAL PAPER No. 29c

the Purpose of Appropriating- the sum of £8,000/^ out of the ironies arising from
the Quints Lots and Ventes to complete the Building of the Court Houses at Quebec
and Montreal, this Bill was perfectly similar to that which was passed during Gover-
nor Prescott's administration for the purpose of appropriating £5,000/- arising from
the Quints to the same object, and to which no objection was made at home. M^'.
Osgoode who had voted for the former Bill now declared that he thought the Principle
of it unparliamentary and unjustifiable, and upon this ground the Legislative Council
were led to reject the one now proposed.

As there was not time to introduce a new Bill for the purpose of raising a Fund
to defray the Expence of completing the Court Houses, the House of Assembly pre-
sented an Address praying that I would advance Four Thousand Pounds on this
Account, and pledging themselves to make good the same ; and hence Your Grace will
perceive that a considerable advantage is gained by the Crown, as the House will
now be under the necessity of devising new means to raise this sum, and the whole of
what arises from the Quints Lots and Veutes, except the £5,000/ appropriated by the
Provincial Act of the 39"^ of the King, will go in aid of the General Expences of the
Province.

I have the Honor to be
My Lord,

Your Grace's
most obedient and
most humble Servant
ROBT. S. MILNES.
His Grace

The Duke of Portland
&c. &c. &c.

P.S. I have the Honor to enclose to Your Grace a Quebec Gaz:ette containing
a Copy of my Speech to the two Houses on proroguing the Provincial Parliament.

Endorsed. Quebec 16"^ April 1801

Sir Rob'. S : Milnes

(Dup: N°. 47)

(Original not received)

R. 15"^ June.

(Six Liclosures)

(Enclosure)
Abstract of An Act intituled — " An Act for the Relief of Persons holding Lands

"OR IMMOVEABLE PROPERTY OF HiS MaJESTy's CTl rotWB, UPON WHICH Lods fUnd

Ventes or Mutation Fines are due."2

The Preamble states. That the collection of the Lods et Ventes now due in the
censive of His Majesty's Domain, to a certain extent and under certain modifications,
is just and expedient, but without limitation would be injurious in particular cases.

Therefore it is Enacted

l^*- That the Governor, Lieutenant Governor or person administering the Govern-
ment of this Province, may, by an Instrument under his hand and Seal at Arms
appoint five persons to be Commissioners' for the Execution of this Act- — remove them,
and appoint others in the place of such as shall be removed, or shall die or resign
their trust.

1. See the Act 39, Geo. Ill, Chap. IX. foi grantin?- additioiial duties to His Majesty and
tor appropriatins; the same towards defraying the oxpnnces of administration of .Jxistice and
the s\ipport of the Civil Government.

2. I'rom the copy in the Caiiarlian Arcliives. Q. 86. pt. I. page 16.3. The Act is 41 Geo.
ITT, Cap. III.

29c— ITi

260 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

2ndiy -jIj^^ tijQ Governor &ca. may in like manner appoint a Clerk to the Com-
missioners with such salary as he may think reasonable, remove him, and appoint
another in his stead , which Clerk shall receive for his Services no other recompence
than such Salary.

Z^^ That the Commissioners and Clerk, before they act shall respectively take
and subscribe before the Chief J ustice of tiiis Province or any two of the puisne
Justices of the Court of King's Bench the Oath prescribed by the Act (here follows
the form of the Oath, by which they swear that they will duly discharge the duties
of their respective Offices) which Oath so taken shall be filed in the Office of the
■Secretary of the Province.

4.thiy That the Commissioners or any three of them shall be authorized to
accept from all persons such pecuniary Composition for Lods et Ventes which shall
be due by them to His Majesty, at the passing of this Act, for any Sale or Muta-
tion equipollent to the Sale of any Lands or immoveable property in this Province,
held en rotnre of His Majesty, or which shall be payable to His Majesty and secured
on such Lands or immoveable property in their possession, and make such relinquish-
ment and remission on each of such Lods et ventes as they, or any three of them,
according to the nature & circumstances of each case, shall think just and equitable: —
— Provided that the Commissioners shall not accept of any Composition, relinquish-
ment or remission in cases where only Lods & ventes or mutation fine is due, or
where upon the sale, or upon mutations equipollent to the sale of Land or immove-
able property, held of His Majesty en roture a specific sum of money or any part of
the price of purchase has been specifically reserved by contract in the hands of the
Seller or purchaser to pay the Lods et Ventes; excepting nevertheless, those cases in
which such Seller or purchaser shall establish to the satisfaction of the Commission-
ers, that at the time of passing the Act he was not worth more than four times the
amount of the Lods & Ventes, for which such reservation was made.

guiiy Provided also that all persons who served in defence of the City of Quebec,
during the blockade thereof in the year 1775, and who were then proprietors of any
house or houses or other buildings in the said City, or which any Lods et Ventes
were then due to the Crown, and which were destroyed by fire or otherwise during
such Blockade; such persons their Widows or heirs, who are now proprietors of.t^e
ground on which such houses &ca. were erected shall be entitled to the lull and com-
plete remission of such Lods & ventes so due.

6*^'^^' That the Eeceiver General shall be empowered and he is required, in all
cases where only one Lods & Ventes or mutation fine is due to make the customary
abatement of one third; Provided that such Lods & Ventes be paid within twelve
calendar months from the passing of the Act; if not paid within that period the
whole amount to be recovered.

^oiiy That the Eeceiver General shall be authorized in all cases of sale or muta-
tion equipollent to sale, where Lods & Ventes are due and have been specifically re-
served by contract in the hands of the Seller or purchaser as aforesaid for which a
Composition has not been accepted by virtue of this Act, to make the customary abate-
ment of one third: Provided that sucli Lods and Ventes he paid to the Eeceiver
General within twelve calendar months from the passing of this Act; if not so paid,
the whole Amount to he recovered

Provided also that where such Lods & Ventes have been reserved in the hands
of the Seller, His Majesty's recourse for their recovery shall be by personal action
against such seller only, without any recourse against his widow or heirs or agamst
the unmoveable property upon which such Lods & Ventes are secured.

gthiy That the Commissioners or any three of them shall have power to meet and
sit from time to time when and where they shall find most convenient in the City of
Quebec. And all persons shall be at liberty to deliver their Claims for relinquishment
and reTnission upon any Lods & Ventes or mutation fines which, at the passing of the

COy^TITCTIO^'AL DOCUMENTS 261

SESSIONAL PAPER No. 29c

Act shall be due by such persons to His Majesty for any Sale or mutation equipollent
to the sale of any Lands or immoveable property situate in this Province and held of
His Majesty en roture, or which shall be secured to His Majesty on any such lands &c*.
in the possession of such persons to the said Commissioners in writing to be held by
them filed and preserved among their proceedings: that they shall have power to hear
persons on their claims in person or by Attorney, to send their precept under their
hands and seals for such Witnesses as they shall think necessary to examine, to call
before them all Officers and other persons concerned in the management, collection or
receipt of the casual or territorial Revenue of the Crown in this Province, and to ex-
amine the said Witnesses, Officers and other persons on Oath upon the subject matter
of any Claim pending before them, with full power and authority to inspect, peruse
and have Copies of all papers, records, maps, terriers, accounts, and other written docu-
ments relating to any such claims in the custody of any public Officer or Office, with-
out paying any fee. That if any person shall swear falsly, upon his examination on
Oath touching any such claim, to any matter which if sworn to in any of His Majesty's
Courts in this Province would have amounted to wilful and corrupt perjury, every
such person being thereof convicted shall incur the penalties and forfeitures provided'
hy the laws and statutes of this Province against such persons convicted of wilful and!
corrupt perjury.

gthij- That the Commissioners or any three of them may allow such time for the pay-
ment of the pecuniary composition accepted by them to the Receiver General, as they
shall think fit. And in all cases where a Composition is by them accepted, they shall grant
a Certificate thereof in the form prescribed by this Act ; (here the form of this Certifi-
cate is mentioned.) And at the foot or on the back of the said Certificate shall be sub-
scribed or indorsed the following words (here follow these words which contain an
acknowledgement on the part of the person paying the Lods & Ventes that the Lods.
& Ventes mentioned in the certificate are due, and his agreement to the composition
accepted, and to the terms contained in the Certificate) which Certificate Subscrip-
tion, and Indorsement shall be signed by three or more of the said Commissioners
and by the person to whom such certificate shall be granted, in the presence of two
lawful witnesses, who shall subscribe their names to the said certificate, and to the
?aid Subscription or Indorsement: and that the said Certificate and subscription or
Indorsement shall be executed double, and one part shall be delivered to the i^erson
in whose favor such certificate shall be given, and the other part shall be kept by
the Commissioners and filed and preserved among their proceedings: and upon pay-
ment of the sum in the said Certificate mentioned, in the time therein limited to the-
Receiver General of the Province, he shall at the foot or on the back of such certificate-
subscribe or indorse a Receipt therefor, which shall be "in the words following (here
follows the form of the Receipt) which said receipt shall be sisned in the presence of
two lawful witnesses; and such Certificate and receipt shall be entered at length of
Record by the said Receiver General in a Book to be kept by him for that purpose;
and such certificate and receipt being so executed and so entered of record, as afore-
said, shall effectually discharge as well the persons to whom the same have been
??ranted as the unmoveable property to which the said Certificate and receipt relate,
from all Lods and Ventes or mutation fines due to His ^lajesty upon the Sales or
Acts equipollent to sales enumerated in such certificate— Provided that if the sum
mentioned in the Certificate be not paid to the Eeoeiver General within the time
therein limited, the Certificate, after the lapse of such time shall be null and void,
and all the Lods & Ventes, upon the several sales and acts equipollent to sales in the
said Certificate mentioned shall be due without any deduction.

IQthiy r^^^^^ j£ g^^ person shall falsly forge or counterfeit any such Certificate,
nr receipt as aforesaid, or cause or procure the same to l)e done, or act or Assist in
doing the same, or shall counterfeit the signature or signatures of the said Commiss-
ioners, or of any or either of them, or of the Receiver General of tbig Province for

262

CAN AD J AX ARCHl'VES

4 GEORGE v., A. 1914
the time being to any such Certificate or receipt, or shall alter or erase anv authentic
L^ertilicate or Eeceipt made and executed by the said Commissioners, or by the said
lieceiver General respectively, or shall utter or publish as true, any such false forged
counterfeited, altered or erased Certificate or receipt, knowing- the same to be such '
ejery such person being thereof convicted in either of His Majesty's Courts of Kin"'s
bench in this Province, shall be adjudged guilty of felony.

llthiy That the powers vested in the Commissioners \sliall continue and be in
force for One year from the day on which it shall receive His Majesty's Assent- at
the expiration of which period the proceedings of the said Commissioners and all
papers thereunto relating in their possession shall be by them delivered into the Office
of the Clerk of the Papier Terrier of the King s Domain in this Province, there to re-
inain of Eecord.

12""y That the Monies to be collected by virtue of this Act shall be accounte-d
lor to His Majesty through the Commissioners of His Majesty's Treasury for the
lime being in such manner as His Majesty shall direct.

R. S. M.
Endorsed.
A

In Lieu*^. Governor Milnes's

N°. 47
To the Duke of Portland.

(Enclosure)

Copy of Mr. Ciuef Jtstice Osgoodk's Protest. i
Dissentient

1 — Because although by Message from His Excellency Lord Dorchester, bearing
date 29 April 1794 respecting the casual and territorial revenue, the House of Assem-
bly were invited "to relieve the subject by other duties not objectionable if raising
the Lots (f Ventes, Droit de Quint &c^ up to the legal standard would prove oppression.-

1. February 27th was fixed for the second reading of the Bill relating to the collection
of Lots de Ventes. A motion deferring the second reading of the Bill six months being de-
feated the Chief Justice filed the protest here given. The text is from the copy in the Can-
.idian Archives, Q. 86, pt. I, page 172.

2. The message from Lord Dorchester is as follows,— " The Governor has given direc-
tions for laying before the House of Assembly an account of the Provincial Eevenue of the
Crown from the commencement of the New Constitution to the 10th January. 179t.

First, the casual and Teri'itorial Eevenue as established prior to the Conrine^t, which
His Majesty has been most graciously pleased to order to be applied towards defraying the
Civil Expences of the Province. This arises from various rights appertaining to the Crowu.
5ome of which are not now productive. The Governor doubts not but the House will brin;;
forward measures to relieve the subject by other duties not objectionable, if raising the Lots
■ ■t Ventes, Droit de Quint, d-c, up to the legal standard would prove oppressive to the people.

Secondly, the duties payable to His Majesty under the Act of the Itth year of his Reign,
Chap. 88, on articles imported into the Province of Quebec, and on Licenses granted to per-
sons for retaining spirituous liquors. As soon as the Provinces oP Upper Canada and Lover
Canada shall have passed Laws laying the same or other duties to an equal amount to those
tvhich are payable under this Act, and such LaAvs shall have obtained the Royal Assent, the
King's Ministers will be ready to propose to Parliament a repeal of the Act above mentioned.

ThirdI;/. the duties imposed by the Provincial Legislature, with the appropriation and
balance.

Fonrtlih/, amount of Cash received, arising from fines and forfeitures imposed by the
Courts of Justice.

FijtMy, the Naval Officers Returns inwards since the division of the Province, which
n'ere originally intended as a check on the Customs, but seem not to answer the end pro-
oosed. The Governor relies on the Wisdom and Loyalty of the House, that while they selecr
proper objects of Luxury for raising those aids, the public exigencies may require, they at
tlie same time bring forward arrangements to prevent all irregularities from creeping into
the receipt of the public revenue. The true measure of the burthen laid upon the people by
any Tax or Duty being the gross sum taken out of the pocket of the subject on that .account;
this gross Sum should fully appear; the aid ^iveu thereby to the State is the balance which
remains in the public coffers, after all the expences occasioned in the collection are paid.
More effectually to prevent any abuse from connecting itself with the receipt, the Governor

coysriTurioyAL documexts 263

SESSIONAL PAPER Mo. 29c

to the people," yet as no such duties have been imposed, the original right of the
Crown to manage and regulate the collection of such Lods and Ventes to be applied
towards defraying the Civil Expences of the Province remains nnimpeached and in-
controvertible.^

2. Because the right of collecting the lods et Ventes being clearly vested in the
Crown, it is neither just nor seemly that either House of this Provincial Pai'liament
should interfere in the directing or managing of such collection.-

3. Because in a Bill framed under similar circumstances with the present, in the
2gth year of His ]Maje.-ty's Reigii, the House of Commons of Great Britain did not
presume to intermeddle until the matter had been recommended to them by a special
mes-age from the Crown, the import of which Message they have been careful to recite
in the Preamble to the Bill, as constituting the avithority under which they acted: But
as no such message has been sent by the Executive power of this Province, no such
recital can be made: the proceeding is therefore unauthorized, and may furnish a
most dangerous precedent to posterity.^

4*'^'^' Because it being a point of much delicacy, more especially in a Colonial
Government to determine how far it may be adviseable to acquiesce in a manifest
assumption on the Executive power, it is therefore the peculiar and constitutional
duty of the Aristocracy to withstand such a Measure in its earliest stage, and thereby
relieve the Eoyal Authority from the difficulty of deciding upon the exercise of an
unpleasant part of the prerogative.'*

5thiy Because it is an established rule as well of decency as of policy that ever^'
\'^.t of grace or remission emanating from the cl'emeucy or bounty of the Crown should
originate from the Cro:wn. But by the present Bill whicii from its tille purports to be

recommends that no part of the burthen be suffered to be concealed under the name of Fees,
Perquisites, Gratuities, &c., br.t that the whole of the monies drawn from the subject be
lodged in the public coffers, and proper compensation for the collection be openly issued
therefrom by wnrrant under the signature of the (rovernor or Person administering the
Government. That the House may better judge of the burthen laid on the people, and the
aid granted to the State, the Governor has given direction that the annual accounts of the
Provincial Revenue of the Crown be accompanied by

Sixthlt/, a statement of the monies taken out of the pocket of the subject on this account;
its progress and diminution before it is lodged in the public coffers, with the after diminu-
tion on account of the collection, that every circumstance of this important business may he
constantlv before their eyes: that in the outset of the Constitution and its progress they may
guard this important brancli from those corruptions and abuses which have brought so many
miseries on o!her nations.

(Signed). D. G.

At the Castle of .S7. Letri.s in Quebec. ]9th April, 1794. .Journals of House of Assemblv,
1791, page 230.

1. On the 27th of March a reply to the protest of the Chief Justice was addressed to
Lieutenant-Governor Milnes by the Lord Bishop of Quebec, Hugh Finlay, F. Baby, George
Pownall and Henry Caldwell, members of the Legislative Council. See Q. 86, pt. I,"^page 199.

With reference to the first ground of dissent the reply observes that: —
Although before the Introduction of this Bill no eft'ectual measures had been taken by
the House of Assembly to relieve the subject by other duties not objectionable, if raising the
Lots et Venies, Droits de Qi'i»t, <fcca x\p to the" legal standard would prove oppressive to the
people," yet it was still open to them under the authority of My Lord Dorchester's Message,
to bring such Measures forward; and it may be presumed that as soon as they should so do,
the Crown would suspend its " right to manage and regulate the Collection of such Lots ct
T entes to be applied towards defraying the Civil Expences of the Province " inasmuch as it
would otherwise virtually resume the power it had given, and render the proceedings of the
Provincial Parliament altogether nugatory.'' (Canadian Archives, Q. 86, pt. I, page 199.)

2. On this point the members of Council considered that they "acting under the sanc-
tion of a Messaoe from the Throne, and interfering no further in " managing and collecting
the Lots et Ventes," than such interference appeared to them to be essential to the measures
which they have bee7i invited to pursue, feel no reason to apprehend that such interference
will be deemed to be unju>t and unseemly." (Canadian Archives, Q. 86, pt. I, page 200.)

3. For the obseivations of the Attorney General on this point, see page 2G9.

^ 4. The members of Council considered that " they have least of all reason to fear the
exercise of an unpleasant part of the i)rerogalive.' in a case where they feel themselves
actuated by the sim-erest desire of fultilling, to the best of their power, and their judgment,
His Majesty's benevolent and frateiiial views for the good of his i)eople." (Canadian
Archives, Q. SO, pt. I, page 203).

264

CAXADIAN ARCHIVES

4 GEORGE v., A. 1914

a Bill of relief the Crowu debtors will naturally transfer their gratitude from the
Sovereign to whom it is due to those who have spontaneously brought forward the
measure, namely, their representatives. ^

Endorsed
B
In Lieut. Governor Milnes
N». 47.
(signed) J

WM. OSGO.ODE

Speaker
R.S.K =

(Enclosure)
Eeport of the Attohxey Gexeral.-
May it please Your Excellency

In obedience to Your Excellency's commands, directing me to lay before you
my sentiments upon the Bill intituled, " An Act for the relief of persons holding
" Lands or unmoveable property of His Majesty, upon which Lods et Ventes or Muta-
" tion Fines are due," I have the Honor to submit my opinion thereon for Your
Excellency's Consideration.

It is impossible for me in the first instance not to advert to the observationa
which have been publickly made, severely censuring H.is Majesty's Servants who are
members of the House of Assembly, for the support which they gave to the Bill; and
I humbly hope that Your Excellency will be pleased to accept what I write not only
as my opinion upon the Bill, but as a vindication of the vote which I gave in the
House of Assembly.

Had I conceived that the House proceeded in the measure either "unjustly,"
"■ impolitickly," or '' unconstitutionally," or that they interfered in the directing or
management of the Revenues, without authority from the Crown, I certainly should
have opposed the Bill in all its stages.

In my mind, the Bill was a Measure of sound policy. Just in its principles and
constitutionally introduced, under the authority and with the approbation of the
Executive Government, and therefore I gave it my support.

To judge of the policy, the motives which gave rise to the Bill must be stated.
Forty years have elapsed since the conquest, and yet the Feudal System subsists in
Canada, to the injury both of Government and its subjects.

To attempt to destroy this system at once, among a class of uninstructed people,
bj whom it is respected, would be folly in the extreme, but to proceed by degrees
which will ultimately effect its abolition, is practicable.

Those who are acquainted with Canada must know of how much importance it
is to unite the English and Canadian character, which never can be done unless they
are brought together.

The Englishman detests the feudal tenure, and there can be no greater proof
of it, than the present situation of the country, which has not more than fifty English
tenants upon all the Seigniories though the population of the country is equal to

1. In reply to this the Council observes that: —

" The King's gracious intentions, as they are disclosed in Lord Dorchester's Message,
have long been felt and understood by tlie Province; the proceedings of the Provincial Par-
liament are known to have been grounded solely upon that message, the people will naturally,
therefore, carry their eyes to the Throne, the original source of the Grace they have received,
and not " to their Representatives," who are the channels only, through vrhich His Majesty
has been pleased to cause it to flow. (Canadian Archives. Q. 86, pt. I, page 203.)

2. From the copy in the Canadian Archives, Q. 86, pt. I, page 175.

CONSTITUTIOyAL DOCUMENTS 265

. SESSIONAL PAPER No. 29c

two hundred thousand Souls and from the same circumstance very few indeed of the
Seigniories are in the hands of English Landlords.

The first effect of an emancipation from the feudal Burthens, and the conversion
of the tenures into free and common soccage would be to induce the English Gentle-
men resident in Canada to become purchasers of large tracts, and the English Yeo-
manry and peasantry to become purchasers of smaller lots, in those very Seigniories
in which they now refuse to settle. This is Evident from the anxiety which they
now shew for the purchase of lots in the new Townships which are held in Free and
common Soccage, though they are far inferior in point of situation to the old Seignior-
ies established on the Banks of the Saint Lawrence from " Trois Pistoles " to the
" Point au Baudet."

The necessary consequence of a conversion of tenure would be the intermixture
of the English and Canadians throughout the different Seigniories of the Province,
the introduction of reciprocal confidence, of the English Language, of the English
System of Agriculture, and an assimilation of manners and pursuits. While Govern-
ment would in the first instance where the Canadians are disaffected have the benefit
of information and intelligence as to their conduct (of which the want has at all times
been sensibly felt) and of that restraint which a body of resident English would im-
pose upon them, and ultimately reap the solid advantages of a numerous and well
affected militia, in the heart of the Country, and an increase of a certain & fixed
annual revenue by way of commutation for the uncertain and unproductive return of
the casual miitation fines.

These advantages are evident to those Members of the House of Assembly, with
whom, as the tried friends of Government, I have always acted, but at the same time,
it was tlioiia-lit, a- T Iiavi^ -tr.ted, tbar tlio olijrct ultiniate^v in vifw fould only ho oh-
tained by degrees : — that it was essential that the example should be set in the Seig-
niories which are immediately held of the Crown, to prove by facts the practica-
bility of a conversion of tenures and the benefits arising from it; and that the ex-
ample would be much more effectual if the conversion was asked of the Crown by its
tenants as a favour.

In all Seigniories held immediately from the King, that is, en rotiire, one twelfth
of the money paid for the purchase of any part, is by law due to His ^^fajesty as a fina
for the mutation of his vassal, and this fine is called a Lods & Ventes.

Though voluntary payments have been made, yet, from various causes, the Lods
d Venies, which have become due to His Majesty since the conquest have never been
collected, and it was presumed by the Tenants that they never would be; — it was not
therefore, to be expected that they would ask for a conversion of their tenure into free
and common soccage, which, except as to the Lods (SiVenies, would not essentially
ameliorate their condition, or that they would solicit the commutation of the Lods
Ventes, for an annual fijfed tax upon their property, while they were convinced that
the Lods & Venies would never be asked. For this reason it was thought expedient
that the Lods & Ventes due to His Majesty should be collected to convince the tenants
that the Crown would not altaudon a revenue vrblfh mipflit be made oxtromrdy prodiif-
tive, and which, as it had constantly existed in the Province from its earliest estab-
lishment, and was daily paid by tbe Tenants of every Seleninry lioldon mpdiatolv of the
Crown to their immediate Lord, was a well known and established Tax, perfectly acqui-
esced in by the Inhabitants, and even respected as n remnant of their former system of
Government. And as the Lands held immediately of His Majesty are principally situ-
ated within the City of Quebec,and in the hands of English Tenants who are chiefly
Merchants and wholly averse to the payment of " Lods & Ventes," considering it,
as in fact it is, a tax of one twelfth upon the value of all improvements upon tbe Soil,
and consequently as a check to every principle of industry, it was clear that once
convinced that the Lods et Ventes would not be abandoned, they would be even clamor-
ous for a commutation, and then the conversion of their tenure into free and common

266 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

soccage, would Le granted by Goveniineut at their request as a favour; for, without
a conversion of the tenure, there can be no commutation of the Lods et Ventcs.

Yet the collection of all the Lods tC- Ventes due to His Majesty could not be
thought of. for the lots of land and houses of the lower Town of Quebec (whicli is
entirely held en rotnre or in other words immediately of Hia Majesty) have since
the conquest been so repeatedly bought and sold, that upon all, nearly the entire
value, and upon a very great number more than the specific value of the lands and
buildings, is due to the Crown for Lods et Ventes, and secured by a mortgage of pre-
ference upon the premises.

It certainly was impossible to doubt His Majesty's Right of his sole authority
to collect &, manage the Lods et Ventes, and nobody did doubt it, he was not only
authorized by the law of conquest, but by the Statute of the 14 Geo: HI c. 88. But
as that Statute had enacted " That the Territorial & casual revenues, fines, rents, and
" profits, which were reserved to, and belonged to His most Christian l\[ajesty before
" and at the time of the conquest and Surrender of Canada to His Majesty the King
" of Great Britain, should remain and continue to be levied, collected and paid in the
same manner as if that act had never been niade;''i and as the Lods & Ventcs were
part of the Public Eeveniie before the conquest, and were appropriated by His Majesty
so early as the year 1766 " for and towards defraying the necessary Expences of the
" Government of Quebec,"- and again declared to be so appropriated in His Message
to the House of Assembly of the 29*'' April 1794"=' and as the Lods & Venues during
the French Government were collected by the Crown, with the remission of one third
only, it was doubted by some, if the Lods & Ventes were collected, under the sole
authority of the Crown, whether more than one third could be legally remitted; and
it was an undoubted fact that the collection of even two thirds of vrhat was due would
cause the inevitable ruin of that City of Quebec. For this reason, and for a much
better, namely, for the purpose of relieving the Crown from the odium of enforcing
the collection of a tax which in the King's Seigniories was supiposed to be abandoned,
it was thought adviseable that thev should be collected under the authority of an
Act of the Provincial Parliament, to be enacted, however, with the previous and ex-
press approbation of His Majesty, as is usual in similar cases, in which PCis Majesty's
Interests arc concerned.

Upon these several points Your Excellency was immediately consulted, and as
you was pleased to approve of the Intentions which were held by His Majesty's Ser-
vants, who were members of the House of Assembly, the next object for consideration
was, the parliamentary mode of proceeding in the introduction of the Bill proposedl,
and whether any further Message, or other expression of His Majestv's consent,
authorizing the House to proceed to the consideration of the subject, than what was
contained in the Message sent to the House of Assembly by Lord Dorchester on the
29*'-^ of April 1794 was necessary ; and upon deliberation that message was thought
sufficient, and it was also thoufflit impolitic for the Government to recommend a
J\ren?ure. wdiich would necessarily be unpopular in the heart of His Government, the
jNTetrrinnlis. A<-itb(:i't an a'rsolutc necessity, which did not appear.

With the best intentions therefore, to promote the Interests of His ]\fajesty'.s
Service, and the Avelfare of His Government in Canada, the Bill was brought forward
in the House of Assembly, and it is self-evident from the proceedings which wer>5
there had upon the Bill, that the House had no intention to claim the right of inter-
fering. ;inauthorized, with the management or collection of the Lods & Ventes.
The Message of Lord Dorchester was made the Basis of the whole proceedings, and

1. See the Quebec Eeveniie Act of 1774. ConsiiiuHonal Dncumenis, 1759-1791, Sliortt and
Doiisjhty, 1907, na^e 406. .

2. S;^e (he Instrictinn- from the Lord^ of the Treasury to the Receivor General of the
Province of Quebec, March 10th 17GC. (■oiitni?icd in .Toiirnal B. of tlie Legislative Council, page
179.

3. See pag^e 262, note 2.

COySTlTrTIOXAL DOCUMEXrS 267

SESSIONAL PAPER No. 29c

■the first steps taken were a notice for the reading- of that part of the message whir-h
relates to the Lods & Ventes, and a second motion to take it into consideration on a
future day, when certain resohitions were adopted, grounded upon the Message, xipon
which resolutions the Bill in question was founded. All this appears from the entries
on the Journal of the 26'^ January and 2'^'^ of February last. Certain it is that " a
manifest assumptiuu of the Executive Power ''^ was never imagined. Had it been even
conceived that the Bill, after the proceedings which had taken place could have been
plausibly liable to such a construction, not only the peculiar friends of Government,
but every member of the present House would have opposed it. The utmost which in
truth can 1 e imputed to the House is, that, in their Zeal for the abolition of the feudal
System, the greater security of His [Majesty's Government, the increase of his Eevenue,
and the prosperity of the Province, and in their readiness to assume that odium
which must otherwise have fallen upon the Executive Government, they have pro-
ceeded (not without a message from the Crown, as is said, but) upon a Message
which those who are hostile to the Bill choose to consider as insufficient. Whether
it be or be not sufficient is an enquiry to be decided only liy the Message itself, and
the papers which relate to it.

It must be recollected that at the tinae when the message was sent, the Revenue
of the Crown was far less than the Expenditure for the support of the Civil Govern-
ment; We had then just received from the liberality of His Majesty and the Parlia-
ment of Great Britain a constitution unexampled in the most favoured Colony, in
all respects sufficient to enable us to tax ourselves, and the general object of the
message was to remind us of these circumstances — to submit the then state of the
Eevenue, and to acquaint us with His Majesty's Expectations that we should increase
It, if not immediately to the amount of the Civil Expenditure, at least as far as we
might then find it practicable, assuring us that His Majesty was willing that we should
take the whole into consideration, even that part of the Revenue v,'hich was raised
by Acts of the British Parliament. To these ends the message first states '' That the
" Governor has given directions for laying before the House of Assembly an Account
*'■ of the Provincial Revenue of the Crov.m from the commencement of the new Con-
"stitution to the 10**^ January 1794" consisting of ''the casual and territorial
"Revenue of the Crown as established prior to the Conquest, which His Majesty
" had been most graciously pleased to order to be av)plied towards defraying the Civil
'• Expences of the Province " — " the duties payable to His Majesty under the Act 14
''Geo: III c. 88." "the duties imposed by the Provincial Legislature," and "the
" fines and forfeitures imposed by the Courts of Justice." At the same time we are
informed by the message " that as soon as the Provinces of I'pper and Lower Can-
" ada shall have passed Laws laying the same or other duties to an equal amount to
" those which are payable under the x\ct 14 Geo : III c 88, and such laws shall have
"obtained the Royal Assent, the King's Ministers will be ready to propose to Parlia-
" ment a repeal of the Act above mentioned : "

"■ That the Governor doubts not but the House will bring forward measures
"to relieve the subject, by other duties not objectionable, if raising the Lod^s et Venies
"droit de quint &ca. up to the legal Standard would prove oppressive to the people,"
and that some of the various rights appertaining to the Crown, from which the casual
and territorial revenue proceed "are not noiv productive/' and by reference to the Ac-
counts which accompany this message we find that these unproductive rights are more
particularly the droit de Lods et vcntes and quint; and that the general deficion<fy of
the Revenue is stated to be annually £1G,106 .. 18.. — .

The objects therefore to which the message related were the different branches
of the Revenue, not only as to the future, but as to the state in which they then stood,
p-:rticiil:irly tln'-!- v.'rich wcic unpi-'/ductivc, among which were the Lods £ Vent-es

1. See Article IV. of the Protest of Cliicf .Iii-^liie O-oode, \y.\^e l"J:1.

268 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

from which the Crown had not realized anything from the time of the conquest, ex-
cept the sum of one thousand three hundred and fifty one pounds nine shillings and
five pence farthing, which is stated in the printed Report of the Committee of the
whole Council to Lord Dorchester upon a reference relative to conversion of tenures
dated the 20*'' Oef. 1790 to have been received prior to the 1'^ of May l788.i The
Message, however, did ni)t specifically recommend any of the enumerated objects to
the Consideration of the Legislature; but to the address which was voted by the House
in consequence of the Message, the Governor was pleased to return an answer in the
following words — " The important matters under your Consideration uaust necessarily
'• prevent you at this time from entering into the examination and discussion of the
" ohjects which I Jiave Jately laid before you. They were In'ouclit forward fit this son-
" son, that you might have leisure maturely to consider and weigh matters of such
'•magnitude, and he the hetter prepared to take them tip early in the next Session."^
And this was taken by the House to be not only an Authority, but a direction to take-
into their consideration the various objects contained in the Message in all their rela-
tions not only to the future but to the state in which they then stood.

Accordingly on the 1^^^ December 1795 it was resolved " That this House will,
" on Tuesday the 5*^ day of January next resolve itself into a Committee of the
"whole House to take into consideration that part of His Excellency the Governor's
" message to this House on the 29*^^ of April 1794 concerning the casual & territorial
''Revenue, and also the raising the L'ods & Ventes, droit de quint, &ca. a^ is more
" particularly explained in the said Message."

And to shew the sense in which the message was at that time understood by all
ranks of people, two petitions from the Inhabitants of Quebec and of its suburbs were
presented to the House on the 8^^^ January 1796, and referred to the Committee. In
one of which the Petitioners prayed for " a remittance of all the Seigniorial right-&
" whatever, which they then owed to His Majesty's Domain," and in the other " tliat
" all the Lods et Ventes due to His Majesty in the City and Suburbs of Quebec might
be remitted."

The Committee sat repeatedly during the Session from the o"' January to the
23'''^ of March, but after resolving " That it was expedient to remit and relinquish
" the Lods & Ventes and quints, due to His Majesty, under certain circumstances,
*' and that a Bill ought to be introduced for that purpose," they found that they
could not agree upon any general principle by which the numerous questions which
the subjects of their resolutions presented could be determined, and they therefore
suffered the Committee to expire and the whole matter was dropt. All these trans-
actions passed immediately under the eye of His Excellency Lord Dorchester, without
any censure or disapprobation expressed or implied on his part.

Things were in this situation when the Bill now in question was first proposed,
and as the above precedent had never been conceived irregular, and the message for
the reasons above cited seemed clearly to warrant it, the same course of proceedings
was adopted, and certainly they were constitutional, if the state of the Lods & Ventes
at the time when the message was sent was recommended to the consideration of the
House, either by the Message itself or by the explanatory Answer of the Governor to
the Address of the House of Assembly for the then state of the Lods & Ventes,
necessarily refers to the quantum thereof then due, and as they were stated to be then
ixnproductive, this as necessarily led to the enquiry why they were unproductive, and
if any part of them could be realized for the increase of His Majesty's Revenue,
which was the general object to which the attention of the House was required, and

1. See page 27 of the Extract of the Proceedings of a Committee of the whole Council
under the following Order of Reference relative to a Commission of the present Tenures in the
Province of Quebec into that of Free and Common Soccage, Quebec, Neilson, 1790. The
amount stated is there given as being taken from the Receiver General's account? for the
thirteen years from 1st May, 1775. to 1st May, 1788.

2. See the Journals of the Legislative Assembly for May 2nd, 1794.

, CONSTITUTIONAL DOCUMENTS 269

SESSIONAL PAPER Mo. 29c

which tliey were expected to effect by means least burtheusome to His Majesty's Sub-
jects in general.

It is urged " That in a Bill framed under similar circumstances in the 26^" year
" of His Majesty's Eeign The House of Commons of Great Britain did not presume
" to intermeddle until the matter had been recommended to them by a special message
'• from the Crown, and that the message was carefully cited in the pre-
*' amblo of the Bill, as constituting the authority under which they acted."^
The Bill here alluded to appears to be the Act 26 Geo: III c. 87
intituled, '' An Act appointing Commissioners to enquire into the State and con-
" dition of the woods, forests and land Eevenues belonging to the Crown, and to sell
'' and alienate fee farm and other improveable rents." How far this Act which
relates to the " Eevenue arising to His Majesty by rents of Lands or for fines of
"leases," especially appropriated bj an Act of Parliament (the I Geo: III c. 1)
" to the support of His Majesty's Household and the honor and dignity of the
" Crown," and the Bill in question which relates to the Lods & Venies appropriated
by His Majesty " to the Civil Expences of the Province," are to be considered as Bills
framed under similar circustances, I do not wish to enquire, because many instances
may be adduced of Acts passed in Great Britain which have sprung from Messages
whi<?h are not therein recited, particularly the Act 9 Geo: II C. 35, which by the 9*''
Section enables the Lords of the Treasury (as the Bill in question enables the Com-
missioners) to remit certain debts due to the Crown, and because, I trust, it must be
evident to every impartial mind, from the plain narrative of facts which I have stated,
that the House of Assembly " did not presume to intermeddle with the Lods & Venies,
" until the matter had been recommended to them by a special message from the
'' Crown."

If the conduct of the House of Assembly, or of the King's Servants who are
members of that House, should require a further vindication, it will be found in the
Bill itself. The Bill leaves to the Crown the entire merit of every remission to be
made, by vesting in the Governor the absolute appointment of the Commissioners,
with power to change them as often as he thinks proper. It exempts no man what-
ever from the pajTncnt of Lods & Ventes now due, without the consent of the Crown,
throught its own Commissioners; those persons excepted (and those only) who
distinguished themselves in support of His Majesty's Government in 1775. It takes
nothing from the Crown; on the contrary, it enables His Majesty from a fund
wholly unproductive, which has yielded nothing for forty years (except the above
sum of £1351 " 9 " 5i) to realize in this year at least five thousand pounds, and
probably more, without impeaching the rights of the Crown for the future in the
smallest degree; and ensures from the day of its passing an annual increase to His
Majesty, by the collection of the Lods & Ventes in time to come, or the substitution
of a better tax by commutation.

All "which is most respectfully submitted by
Your Excellency's

most obedient &

most humble Servant

J. SEWKLL, A.G.-
Endorsed E.S.M

C.
In Lieut. Governor Milnes*«

N". 47
To the Duke of Portland.

1. See Article III. of the Protest of Chief Justice O.^goc<le, page 263.

2. Jonathan Sewell was born in 1766 at CamLridge, Mass., and was educated in the
tichooh of Bristol, England. In 1785, he came to New Brunswick and entered on the study

270 VAX AD I. IN ARCIIITES

4 GEORGE v., A. 1914
MILNES TO PORTLAND.i

Quebec, 15"' May 1801.
My Lord,

A transaction of a peculiar nature having occurred in the Executive Council, I
deemed it incumbent upon me to refer the consideration thereof to a Committee of
the whole Comicil, & although I have the satisfaction to find that their opinion exactly
coincides with my own as to the Irregularity of the Proceeding in question, I feel
that it is not only a matter of much Importance in itself, but that in a distant Colony,
and under a Government composed like this of Persons differing in religious and
political Sentiments, it may hereafter be of the utmost consequence to have this
Point clearly understood; I therefore think it my Duty to transmit to Your Grace
Copies of the several Documents, (A, B, C, D, E, F, G, H, I.)- together with some other
Particulars relative to the Subject, that the whole may come under Your Grace's
special Consideration.

I shall now proceed to fctate that having on the f^econd of February last received
an Address (A) from the House of Assembly, praying that I would be pleased to order
the proper Officers to proceed to the confection of the Papier Terrier of the immove-
able property held en roture within the Censive of His Majesty's Domain in this Pro-
vince, and judging it expedient that such Papier Terrier (the nature of which I shall
have the Honor to explain to Your Grace) should be completed, I called upon His
Majesty's Law officers for their opinion (B) as to the legal course to be taken for
carrying this object into effect, and I afterwards referred it (C) to the consideration
of a Committee of the whole Council, whether the means proposed by the Attorney
and Solicitor General , or any other and what means were proper to be adopted for the
confection of the Papier Terrier.

Upon a perusal of the liiclosure (D)"^ Your Grace will observe that at the meeting
of the Committee of the whole Council (the Chief Justice being in the Chair) to con-
sider of the order of Reference above mentioned, the means proposed by the Attorney
and Solicitor General were approved of, and the Chairman was directed to Report
accordingly.

This Report appearing to be the unanimous decision of a Committee of the whole
Council, I was surprised when it was laid before me, to observe at the foot of it a
writing subscribed by M^ Osgoode (E)'* containing a Protest on his part founded upon
the supposition only of an Interference, and concluding by a direct Condemnation of
a Measure which had previously been determined upon by His Majesty's Government.
This writing not being insei*ted in the Body of the Report, and consequently not sanc-
tioned by the Signature of M^ Osgoode as Chairman of the Committee, I could not
consider it as regular or as making part of the Report, I therefore referred it (F) to
a Committee of the whole Council for their Report whether it was intended that such

of law under Ward Chipman. He was called to the bar of Lower Canada in 1789. He was
appointed Solicitor General and Inspector General of the Royal Domain in 1793. Two years
later he was promoted to the office of Attorney and Advocate General. From 1796 until 1808
he represented the Borough of William Henry in the Legislative Asgemhly. In May, ISns.
he became Chief .Justice of the Province and at the same time was appointed to the Executi^'*'
and Legislative Councils. From January, 1809, until February, 1811, he acted as Speaker of
the Leg°islative Council. His conduct as Chief Justice earned the displeasure of the niajos-i!:/
of the "Legislative Assembly, and in ISII, in company with Mr. Monk, Chief Justice of the
District of Montreal, he was impeached by the House. The Privy Council considered that
the charges were not established. Mr. Sewell resigned from the Executive Council in 1830,
but was reappointed by Lord Durham, June 28th, 1838, and continued to act until November
2nd of the same year. He remained a member of the Legislative Council until March, 1838.
He died at Quebec, November 12th, 1839.

1, From the copy in the Canadian Archives, Q. 86, pt. I, page 205.

2 The enclosures. A, B, C, F and H are not reproduced. They may be found at Q. 86,
pages 211, 212, 215, 221 and 227.

3. See page 272.

4. See page 273.

COXSTITUriOXAL DOCUMEXTS 271

SESSIONAL PAPER No. 29c

writing should accompany their former Report, and it was unanimously decided, as
Your Grace will perceive by the Inclosure (G)i that the writing above mentioned was
brought forward without their Consent or knowledge, that every Member of the Com-
mittee had understood the Chief Justice to acquiesce in the Report as it was framed
at the Table, and that they considered the writing as irregular and improper, as well
as failing in decorum and Respect, and therefore recommended Ijaat it should be ex-
punged from the foot of the Report.

The irregularity of the proceeding of the Chief Justice was such that in this
point of view alone, the Committee would have deemed his Protest to be inadmissible :
But in looking back into the minutes of the Executive Council since the establishment
of the new Constitution in. 1Y&2, I find no Instance of a protest being entered on the
Journals. I have therefore further to submit whether it may not be worthy the con-
sideration of Your Grace how far it is proper that such a privilege should be assumed
by the Members of this Board.

The Chief Justice in asserting his right to protest, founded it principally
on the Practice established in the House of Lords', but it appears to me that the
analogy does not hold good, the Executive Council being a Board of Secrecy and
formed for the purpose of giving advice to His Majesty's Representative, a power in
any one individual member to protest, and have his Protest entered on the Minutes,
could only tend to interrupt the Harmony which ought to exist in the different
Branches of His Majesty's Executive Government, as the momentary dissatisfaction
of any one Member would by this means be kept alive and recorded to the Injury
and Impediment of His Majesty's Service, in as much as it might prevent the Gov-
ernor from consulting the Council so often as he would otherwise wish to do.

When the subject was debated before me in Council (H)^ every Member then
present, except the Chief Justice, appeared to be impressed with the idea that on the
Executive Council this Privelege would only tend to the most injurious Consequences ;
but I purposely avoided having the question brought to a decision, wishing first to
obtain Your Grace's directions thereon, as in the Royal Instructions freedom of
Debate only is mentioned.

As far back, as the year ITO'l, I find that Lord Dorchester so much disapproved
of there appearing any division upon the Minutes, that he ordered the Clerk in Coun-
cil, the Lieut. Governor also being present, to strike out the Minutes as irregular,
an entry which had been made of the names of the Members who at a prior meeting
had given their voices for and against a Measure then under consideration ;2 previous
to that time, during the period between the administration of Sir F. Haldimand and
L*. Governor Hope, the proceedings of the Council seem not to have been attended
to, as a number of Irregularities appear then to have taken place.

Before I close this Dispatch it may be proper to explain to Your Grace the
nature of a Papier Terrier which is a Rental or Land Roll of Estates held of a
Seignior en fief or en roture, in which is contained a description of those Estates,
and of the Rents, Dues, Duties, Services and Seigniorial Rights, under which they
are held by the respective Vassals or Tenants holding the same.

With respect to the Assertion brought forward in the Protest of M'', Osgoode,
denying the Right of the House to address the Governor on this subject, I shall only
observe that the Attorney General was one of the Members who brought up the

1. See page 27.3.

2. See p'ge 227 Q. 8€. pt. 2.

.3. Th? Miniife.s of the Privy Council for the 4th of January, 1791, contain the following
entry, " On rending the minutes of the last Council day, viz., the 18th of November, Bis
liordship observed that the names of the IVIenibers rnlled upon to give their Voices on the two
Orders respecting the Memorials of William and Thomas Tnylnr had been inserted in the
Wiriiites. His Lordship ordered that the Statement of the Voices be struck out of the
M nutes as irregular.^' (Privy Council Book H, page 481.)

272

CANADIAy ARCUIVES

4 GEORGE v., A. 1914

address, a sufEcient proof of his opinion respecting the regularity of the proceeding,
and I have now the Honor to inclose His Report (I)^ on the Subject, which I referred
to him in consequence of what had taken place.

I have the Honor to be,
My Lord,
Your Grace's
most obedient and
most humble Servant,
His Grace ROBT. S. MILNES.

The Duke of Portland, &c\ &c\ &c».

Endorsed

Quebec, 15^^ May 1801.

Sir Rob: S. Milnes

(N°. 4S)

(Nine Inclosures) R. IS*^** June

(Enclosure).
Report of a Committee of the Executive Council.^

To His Excellency Sir Robert Shore Milnes Bart., Lieutenant Governor of the Prov-
ince of Lower Canada, &c*. &c*. &c*.

Report of a Committee of the whole Council, Present : The
Chief Justice, the Lord Bishop of Quebec, Mess'^. Baby, Dunn,
De Bonne, Lees & Young on Your Excellency's order of Reference
in Council of the 27*** April last on the Report of the Attorney and
Solicitor General respecting the legal Course to be taken for the
Confection of the Papier Terrier and Censier of His Majesty's
Domain in consequence of an Address of the House of Assembly
dated the 2"^^ Eeby, 1801, and their Draft of a Commission for that
end also their Report and Draft of a Proclamation relative to the
Collection of the Quints due to His Majesty.
May it please Your Excellency,

The Committee having taken the said Document into their Consideration are
humbly of opinion that the means proposed by the Attorney General and Solicitor
General are proper to be adopted for the confection of the Papier Terrier and for
enforcing payment of the Quints due to His Majesty, with such alterations in the
Proclamation as upon reconsideration by the Law Officers of the Crown, may be deemed
essential to give it adequate effect.

All which is humbly submitted to Your Excellency's Wisdom.

By order
(sig*^.) W™. Osgoode, Chairman.
Council-Chamber, Quebec R.S.M.

l*t May 1801.

Endorsed
D.
Copy.
Report of a Committee of the whole
Council on the means proposed by the
Attorney and Solicitor General for the
confection of the Papier Terrier.
&c*.

In L*. Governor Milnes's

N°. 48
To the Duke of Portland.

1. See page 274.

2. From the copy in the Canadian Archives, Q. 86, pt I. page 217.
part of the Minutes of the Exfcntive Council for May 5th, 1801.

The report forms

COySTITUTIONAL DOCUMENTS 273

SESSIONAL PAPER No. 29c

(Enclosure).

Protest of Chief Justice Osgoode.^'

Whereas by the Documents communicated to the Committee it appears that the
■confection of the Papier Terrier and Censier is to be directed in consequence of au
Address to His Excellency the Lieutenant Governor from the House of Assembly,
and as a concurrence in such consequential direction may be inferred from the above
Report, I do protest against such Interference. For, His Majesty not having divested
himself of the management of His Territorial Revenue, and as the said Address
neither states authority nor inducement for their Interference, in my Judgment such
interference was irregular, and therefore not calculated to meet with the sanction it
has received.

(sig^.) W". Osgoode.

R.S.M.

E

Endorsed.

Copy

of the writing subjoined to the
Report of a Committee of the whole
Council respecting the legal course
to be taken for the confection of
the Papier Terrier. (&c*.

In Lieu*. Governor Milnes

N». 48
To the Duke of Portland.

(Enclosure).

Report of a Committee of the Executi\e Council.-

Council-Chamber, Quebec.

Thursday, T^'^ May ISOl.

The Committee according to adjournment; Present — -

^['■. Dunn, in the Chair.
The Lord Bishop of Quebec,
Mess". Baby
De Bonne and
Lees.

The Committee proceeded to take into their most serious consideration Your
Excellency's Order of Reference, and thereupon unanimously report to Your Excel-
lency that the writing subjoined to their Report dated the Eirst Instant, and signed
by the Chief Justice was brought forward without their consent or knowledge, that
every Member of the Committee had understood the Chief Justice to acquiesce in
the Report as it was framed at the Table, and consequently they could not but feel
much surprise at the manner in which the said Writing or Protest was introduced.

1. From the copy in the Canadian Archives, Q. 86, pt. 2, page 219.

2. From the copy in the Canadian Archives, Q. 86, pt. 2, page 225. This report was pre-
sented on the 8th cf May and was " approved and oriered to be entered.^' (State Book C,
Lower Canada, page 183.) After the Report of the Executive Council had been approved the
Lieutenant-Governor drew attention to the protest of Mr. Osgoode which accompanied it.
His Excellency then referred it to a Committee of the Whole Council " to report whether it
was intended by the Committee that such Writing should accompany the said Report, and
whether the said Writing, as well from the subject matter thereof, which has no necessary
connexion with the immediate Objects referred to the Committee, viz., (whether the means
proposed by the Attorney and Solicitor General, or any other and what Means are proper to
be adopted for the confection of the Papier Terrier, &c.) and which arraigns the Propriety
of a Measure determinetl upon by His Majesty's Government before those Objects were re-
ferred, as from the Mode in which it is introduced, can or ought to be received or admitted
to be entered or filed with the Minutes of His Majesty's Executive Council." (Minutes of
Executive Council, State Book C, Lower Canada, page 181.)

29c— 18

274

C'.l.A !/>/ 1 \ ARCH IVES

4 GEORGE v.. A. 1914

The Committee humbly but decidedly offer it as their opinion that the said
writing in its form and substance, as well as in the mode of its introduction is irregu-
lar and improper, that it is irrevalent to the immediate objects which had been
referred for their Report; That in so far as it condemns a measure which had been
previously determined upon by His Majesty's Government, it fails in decorum and
respect, and that it ought not to be received or admitted to be entered or iilod with
the Minutes of His Majesty's Executive Council; they therefore huml)ly re'-oiiinunul
that the said writing be expunged from the foot of the said Report.

All which is humbly submitted to Your Excellency's Wisdom.

By Order

(s'l.) THOM«. DUNX,

Oliairman.

Endorsed.
G.
Copy.
Report of a Committee of the
whole Council on the writing subjoined
to their Report dated tlie V\ M-ax 1>01.

R.S.M.

In L'. Governor Milnes's

N°. 48
To the Duke of Portland.

(Exclosure).
Rki'()I!T of the Attorney General.*

To His Excellency Sir Robert Shore Milnes Baronet. Lieutenant Governor
of the Province of Lower Canada, iVc". tVc". (&<•■'.

May it please Your Excellency,

In a letter whieli I received from M"". Secretary Ryland, on the 11"' instant, it is
stated that " it had been suggested to Your Excellency that as the Papier Terrier &
" Censier of the Censive of His Majesty's Domaine is to be made in consequence of the
" Address of the House of Assembly of the 2''. of fehruary 1801, it will be irregular to-
" proceed therein because His Majesty has not divested himself of the management of his
" territorial revenue, and because the Address neither states authority nor inducement
" for the interference of the House of Assembly "- and I am thereby directed " to
" report to Your Excellency my opinion upon this subject, with my reasons."

The Address is a resolution of the House of Assembly in the following Words
"Resolved that an humble address be presented to His Excellency the Lieutenant
' Governor praying His Excellency will be pleased to order the proper officers to pro-
" ceed to the confection of the Papier terrier of the immoveable property held en
'' roture within the Censive of His Majesty's Domain in this Province;" and to this
Address Your Excellency was pleased to answer " that you would give the necessary
'' Orders for the confection of the papier Terrier." In what has been suggested to Your
Excellency, it is averred, that it would be irregular to perform this promise made on
the part of the Crown as there is irregularity (now first discovered) in the Address
oi the House of Assembly, in two points, namely, "because it neither states an author-
" ity nor inducement." But admitting (for a moment) that such omissions prove
great irregularity in the Address, yet surely that irregularity cannot now justify the
breach of the royal word, pledged after the Address was delivered. It is not, however,
my intention to answer the suggestion on this ground; it will be my object (as I have-

1. From the copy in the Canadian Archives. Q. 86. pt. 2. pase 229.

2. See the Protest of Chief Justice Osgoode, page 273.

COXSTirVTIOXAL DOCrMEyTS 275

SESSIONAL PAPER No. 29c

no doubts of the regularity of the Address itself) to establish that and thereljy to
prove the regularity of all the subsequent steps necessary for carrying it into effect.

That it is regular for the House of Assembly to address the Crown, without any
special authority, on any subject of public revenue, (especially for information) will
not he denied, and for this reason the objections stated in the suggestion, namely.
'' that His Majesty has not divested himself of the management of his territorial rev-
" enue, and that the Address neither states authority nor inducement '"' seem necessar-
ily to imply that the territorial revenue (of Lods cC Verifes and Cens £ rentes)
is not in Canada a part of the public revenue, but a part of His Majesty's privy purse;
and therefore that the address should shew upon the face of it a sufficient authority
from His Majesty to interfere, and in addition to such authority, an adequate in-
ducement.

Now the confection (as it is termed in the French Law) of a Papier Terrier is
barely the nuiking up of a rent-roll of any Fief or Seigniory, and on such occasion
the Seignior (whether he is the King or an individual) is authorized to summon the
iwrsons resident within the limits of the Fief or Seignioi-j', to declare by what title
and under what tenus they hold the lands which they possess; it is therefore an Act
which tends solely to obtain information relative to the situation of a fief or Seignory.
If therefore the Territorial Revenue of the lands held en roture of His Majesty, of
which the Assembly have prayed that a papier terrier may be made, forms no part of
the King's Pri\'y Purse, or Domaine propre clu Prince as it is called in the Laws of
this Province; — and if what is asked amounts only to information respecting the
number of tenants on the public; Domaine of the Crown, and the terms on which they
liold their property; on what grounds can the respectful address of the House of As-
sembly of the 2'' of february last, le called an " interference," or be denominated
irregular " ? And w-hy should it be necessary for thorn (in a constitutional address
to the Crown for information, relative to a part of the public revenue) to set forth
the authority on which they proceed, or their inducement to the address, when no
special authority in such cases is requisite, and when the object solicited being solely
information, it is self evident that the want of such informatioii is the inducement to
the address.

Tt will therefore be my object to shew to Your Excellency in answer to what has
been suggested that His Majesty's casual and territorial revenue of cens et rentes,
quints, and lods et rentes or mutation fines are not by the laws of this Province con-
sidered as any part of the privy purse, on the contrary that they are held to be Jpart
of the public revenue.

In France the property or domaine of the Sovereign was of two descriptions, the
'" Dommne de la C'ouronne" and the "Domaine propre du Prince;" the former was
public revenue, inalienable; — the latter was his privy Purse, subject to his absolute
disposal.

All Lands reunited to the Crown of France, and their profits or revenue, were,
in particular, parts of the " Domaine de la Couronne," and every part of Canada was
reunited to the Crown by the Edict of 1(574 which revoked the West Ladia Company
to whom it had been previously granted. The words of that Edict are " nous avons
" uni et incorpore, unissons et incorporons au domaine de notre Couronne toutes les
terrps & pays ice".'"' From the commencement, therefore, of the Royal Government,
Canada entire was made a part of the " Domaine de la Couronne," and consequently
all its revenues bgr^ame the public revenues of the Crown of Franco.

An express reunion of the particular Fiefs now held by the Crown in Canada
was not however necessary to make them part of the "Domaine de la Couronne" ior
by the law of France and Canada, if the King suffered his private property to be

1. See the " Edits, Ordonnanees Hoynitx, Dccjaraiinns et Arrets du Cntiseil d'Etat du Roi
concernant le Canada." edition prinfpri hv ovrler of tlip Lrsi«lativo A«spmblv of Canada. 18.51.
pasp 74.

29c— ISJ

276 CAXADIAX ARCHIVES

.4 GEORGE v., A. 1914

administered as part of the public funds during ten years, such property was abso-
lutely re-united to the " Domaine de la Couronne."

"Les Biens (says Domat) acquis au Roi par des titres particuliers pasicnt au
*' Domaine (de la Couronne) lorsqu'ils out ete tenus & posseJes de la meme nianiere
" & aux memes conditions qu'il tient & possede les biens du Domaine. Ainsi tons les
" biens qui sont expressement consacres, unis, & incorpores a la Couronne ou qui
" ont ete tenus, & administres par les Regeveurs Officiers du Roi pendant dix ans &
" sont entres en ligne de compte sont reputes & sont en effet des biens du Domaine
" Ce3 sont les termes de TArticle 2 de I'Ordonnance de Fevrier 1566, sur le Domaine."

It is certain that before the conquest, the Cens et rentes & lots et ventes in par-
ticular, which are all the profits which His Majesty derives from lands held of him
en roture, were received by the Intendant or other Officers, and applied to the general
Expences of the Provincp. The author of the Histoire Politique expressly enumer-
ates them as forming a part of the finances or public revenues of the Province, under
the French Government.'^

That this was the fact is also apparent from tl'e Riport of General Murray of
the 5^^ of June 1762, " upon the ancient Government and then state of the Province
•' of Quebec " in which under the heads of public Revenues prior to the Conquest
he enumerates " the King's Ports," " the duty on liquor imported " " the King's Lods
■" & Ventes & Cens et rentes " " duties on dry goods imported and exported " " the droit
^' d'aubaine " ''' de desherence " & " d'epave."^

The Lands in Canada held of the Crown of France en roture were by the Con-
quest and Cession transferred to the Crown of Great Britain, and they were shortly
Jif ter recognized by His Majesty to be objects of public revenue, for by letters Patent
under the great seal of England, dated the lO^'' of July 1765, Sir Thomas Mills was
apfpointed the Receiver General & Collector of all " the royal patrimony, rents, rev-
"■' enues, farms taxes, tythes, duties, imports, profits & casnalities whatsoever, (the
"^' Revenue of the customs excepted) belonging to His Majesty, which then had arisen
^' or might thereafter arise within the Province of Quebec." And by his Instructions,-
to which the Commission refers, he is directed generally to apply the monies which
he shall collect, "for and towards defraying the necessary Expences of Government,
" and the necessary charges of managing the Revenue under his care," and to remit
home the surplus, " in order that the same may be applied to the reimbursing the
'" Public here (that is in Great Britain) the monies which have been necessarily
" advanced for the Province of Quebec." (1)

And this appropriation of the Revenues, yielded by the lauds held en roture of
the Crown was afterwards confirmed by the Crown in the 6'^ Clause of the Act 14
Geo: III c. 88, which enacts "that the territorial and casual revenues, fines rents
" and profits whatsoever, which were reserved to, and belonged to, His Most Christian
" Majesty before and at the time of the Conquest & surrender thereof to His Majesty
" the King of Great Britain, shall remain and be continued to be levied collected and
" paid, in the same manner, as if that Act had never been made."^

Accordingly the territorial and casual revenue of the lands held of His Majesty
en fief & en roture which was received from the Conquest until the establishment of
the new Constitution in 1792, was regularly applied to the public Expences of the
(government; and on the 29'^ of April 1794, the Legislative Council and House of
Assembly were by message from His Excellency Lord Dorchester* informed that " the

■•Vide Histoire Politique Vol. 6, page 143.

(') Vide Mazeres coUectioa of Papers, &c^, relating to the state of the Province of
Quebec, p. 153 to 159.

1. See Constitutional Documents, 1759-179L Shortt and Doughty, 1907, page 42.

2. The Instmctiona to the Receiver General are entered in the Minntea of the Legisla-
tive Council, Quebec, Book B, page 176.

3. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 408.
4 "^ee p.igi' 26.2, noto 2.

CONSTITUTIONAL DOCUMENTS 277

SESSIONAL PAPER No. 29c

'• casiml and territorial revenue of the Province, His Majesty had been most ^aci-
^' ously pleased to order to be applied towards defraying the Civil Expences of the
" Province." (1.) x\nd since that time in the annual accounts of the Receipts and
expenditure of the public revenue which are laid before both Houses of the Legisla-
ture, the quints, lods & Ventes, and cens et rentes, which have been received, have been
regularly entered and accounted for, as parts of the Public Revenue (2.)

I shall not trouble Your Excellency with any further observations to prove that
the casual and territorial revenues of Cens & Ventes, quints, & lods & Ventes, are
parts of the public revenue. And as to the remaining Argument, assigned to prove the
irregularity of proceeding to the Confection of the papier terrier, namely, "because His
" Majesty has not divested himself of the management of his territorial Revenue,"^
I cannot see in what manner it applies : — The fact is undoubted that the management
of the territorial revenue is wholly in the hands of the Crown. But as I have before
stated, the making of the papier terrier in no shape affects the Revenue, nor the
management of the Revenue, it has nothing to do with either: And therefore it is
impossible to suppose that the address is an interference, either with respect to the
Revenue itself, or with respect to its management.

Before I conclude, I must request Your Excellency's permission to refer to my
report of the 4'^ of April last upon the Bill for the relief of persons holding lands or
immoveable property of His Majesty en roture.- In that Report I stated to Your
Excellency, that the general object of the House of Assembly in their proceedings
with respect to the Lods & Ventes was to effect a conversion of the present feudal
tenures into free and common soccage. The whole of the resolutions upon the sub-
ject of lods & Ventes, passed in the House the same day, the 2°*^ of February, and
the lait which was the resolution for the address to Your Excellency, praying for the
confection of the papier terrier, was meant to procure that information which with a
view to His Majesty's Interests, will be indispensibly necessary when the conversion
of the tenures is taken into consideration at a subsequent Session.

After what I have already said, it is scarcely necessary to add, that I see not the
smallest irregularity in proceeding to the confection of the Papier Terrier and CeHsier
of His Majesty's Domaine.

All which, nevertheless, is most humbly and respectfully submitted by

Your Excellency's
most obedient &
most humble Servant

J. SEWELL.

Attorney General.

Quebec, 15 May 1801

R.S.M.

Endorsed
I.
Copy. "I In Lieut. Gov^ Milnes's

Attorney General's ) N° 48

Report. ] To the Duke of

J Portland.

(•) Vide Journals of the House of Assembly of 1794, p. 230

(2) Vide the Journals of the House of Assembly 1794, 1795, 1796. 1797, 1798, 1799 1800
A 1801, wherein these accounts are entered.

1. See the Protest of Chief Justice Osgoode, page 273.

2. ."^ee page 264 for this report.

278 CAXADfAX ARC II IV EH

' ' " - ' 4 GEORGE v., A. 1914

MILNES TO I'OKTl.AXI).'
K° 51 Quebec 12^"' June 1801

In my Despatch N" 48" I had the llouor to refer to your Grace lor lliti ^lajesty's
directions the admissibility of Protests in the Executive Council of this Province.

It is with regret that I have now to state that since I wi'ote that letter the subject
has again been brought forward in Council, but having already entered largely into
it, I may be excused by your Grace if at this time I merely relate what has sub-
sequently taken place, and add a few observations on the Subject.

On a Sunnnon.^i of the only Council which has been held since that in which T
approved the Keport of the Committee of the whole Council on the^'Writing subjoined
bj- the Chief Justice to their former Reijort, M"". Kyland the Clerk of the Council
received about an hour before the Members met, a Letter from M''. Osgoode, a Copy
(A)" of which I have the honor to transmit — inclosing a Dissent or Protest against
the approval and order of entry made in the last Council respecting the before men-
tioned Report.

The inadmissibility of this Dissent or Protest was debated in the Council, the
Majority of the Members appearing to be against its admission, M"". Osgoode and ]^P.
Young only being for it. I however avoided a decii~ion on the Subject by declaring
to the Board that it was my Intention to send all the Documents relating to this
Transaction home that they might be laid before his Majesty which, as your Grace
will observe by the Inclosure (B)^ put an end to these unpleasant and distressing
Debates.

I have since been led to examine more minutely the Minutes of former Councils
and I may now assure Your Grace that there is not one Precedent of a Protest
against the Proceedings or Orders of the CJovernor in Comicil Previous to the
Establishment of the present Constitution when the Executive and Legislative
Councils were blended together. Dissents were allowed to be introduced into the
I'eports of Committees, more particularly during the Administration of Lieut.
Governor Hamilton and Hope, but since the year 1792 I can find but one Instance (C)
of a dissent even in a Committee, and this. is simply stating the name of the Person
(^M"". Young) dissenting, at the Conclusion of the Chairman's Report, and I am
credibly informed it was admitted from some peculiar Circumstances foreign to this

subject."

Before the year 1792 there appears in the (\)uncil Book a peculiar Transaction
which took place under Lord Dorchester's Government. The Clerk having entered on
the Minutes the Names of the Members who voted for and against an Order made by
His Lordship in Council, at the next Meeting of the Board as Your Grace will see
by the Transcript (D) Ilis Lordship directed the names to be struck out," and from
this I am led to conclude that hi« Lordship considered it as a Principle that no
Dissent from the Orders made by the Governor with the advice of the Majority of
the Board could be allowed to appear. I find however one Instance (E) in which His
Lordship ou making an Order in Council respecting the Table of Fees on the 19"'
of August 1795 permitted the Words '' upon a Division "' to be entered in the Minutes,
but the names of the Members as they divided are not noticed.'^

1. From the copv in the Canadian Archives, Q. 87, pt. 1, page 105.

2. See pa.-e 270.

3. See page 280.

4. Se? p-ge i80, note 3.

5. The entrv of the dissent referred to appears in tlie Minutes of tlie Committee of the
Whole Council respecting the Public Accounts for March 5th, 1796. It may be fouini in
State Bo(k B, Lower Canada, page 267.

6. For the order of Lord Dorche-ter. see page 271, note 2.

7. The entry occurs in the Minutes of the Executive Council respecting Lands. See
Land Book D, Lower Canada, page i?>.

COXSTITUTIONAL DOCUMENTS 279

SESSIONAL PAPER No. 29c

It is proper for me to remark to Your Grace with respect to the second Reason
assigned by the Chief Justice, in his hist Protest, tliat there did not appear to be
a Member when this Matter was debated in Council in my presence, except himself,
\vho considered the Proceeding- as adduced by him as bearing the Construction which
he put upon it. that the right of protesting was not at all under the consideration
of the Committee when they made their Pemonstranee (F)^ to General Prescott, but
merely the Right to have their Report on Matters referred to them, entered on the
Minutes, which Right had been denied by the General, who asserted that the Gov-
ernors of the Province had always exercised the sole power of directing what Papers
j?hoidd or should not be entered on the Minutes.

I have had the Honor in my former Dispatch (N°. 48) to state to your Grace
more generally how I then considered the Subject, and that no such Privilege as that
of Protesting is given by the Royal Instructions, freedom of Debate and Vote only
being mentioned as the allowed Right of the Members of the Executive Council. -

Under these Circumstances I could not but consider it as my Duty, not to admit
of such an Innovation, but to transmit to Your Grace the whole subject matter, but
on an occasion of such magnitude His Majesty's pleasure might be obtained, and the
point in question be henceforth perfectly undei'stood.

I must again remark, that in a Colony differing both in Religious and Political
opinion it may be of serious Consequence to admit the Privilege of Protesting, more
particularly if it is considered that with the present constitution it may be more advis-
able to strengthen than to lessen the Power of the Person administering the Govern-
ment, and I cannot but submit to your Grace that, without effecting any useful
purpose. Protests are calculated to produce and maintain Dissensions between the
Governor and Council, and would liecome a Means in the hands of the Members at
variance with the Governor to impede the measures brought forward by him, &
hence would arise a Disinclination on his part to refer matters to the Council. I
may l)e permitted also to remark to your Grace that this Privilege may he the
Occasion of the Suspension of Members, and the consequent necessity of a continual
Explanation and reference to His Majesty's Ministers.

I inclose a Copy (G)'' of a Letter from the Chief Justice announcing his Inten-
tion of returning bj' this Fleet to England which is the only ofHcial Information I
have had of his being about to leave the Province.

I have the Honor to be. My Lord
Your Grace's
most obedient and
most humble servant

ROBT. S. MILNES
His Grace

The Duke of Portland &c &c &c
Endorsed: Quebec 12^'^ June 1801

Sir R. S. Milnes R 20"^ July
N". 54 (seven inclosures)

1. See p:ige 2.S1.

2. See Article 9 of the Tiir^i ructions to the Governor-iii-Chief, page 16.

3. In this letter addressed to the Secretary to the Lieutenant-Governor, the Chief
Jiisfice states that he proposes availins; himself of His Majesty's leave of absence and asks
that he be informed when he may receive His Excellency's commands for England. See th,'
Canadian Archives, Q. 87, )>t. 1, pa""- 130.

280 CAXADIAX ARCHIVES

4 GEORGE v., A. 1914

OSGOODE TO EYLAND.^

Monday 26^*' May 1801
10 O'clock A.]\r.
Sir,

Herewith I transmit my dissent from the Approval and Order of Entry of the
■Report laid before the Board of Council on Friday the 8^*^ of May,^ which I will beg
of you to enter in the Council Book to be read at the next Meeting of the Board.^

I am, Sir
with due Regard
your very humble servt.

Wm. OSGOODE
H. W. Eyland Esq' "|

Clerk of the Executive >► '
Council J

(Copy OF Dissent)

From the Approval and Order of Entry of the Report laid before the Board of
Council on (Friday 8"^ May 1801
Dissentient —

1** because it appearing by the said Report that the Paper Writing referred to
the Consideration of the Committee by His Excellency the Lt. Governor which con-
stitutes the Corpus delicti has been expunged from the Proceedings and it further
appearing by the said Report that the Paper Writing left by the Chief Justice with
the Committee on the 6'''^ May last which contained his justification has been sup-
pressed, there remains only upon the Record, the Judgement of the Committee so that
upon the face of the proceedings as transmitted to the Secretary of State the Party
stands before His Majesty with his Crime unknown, his defence unheard, and his
condemnation manifest, which is plainly subversive of the first principles of natural
Justice.

2*^^ Because the said suppressed justification contained an extract from a
paper now remaining of Record on the Files of the Council Office presented to His
Excellency General Prescott from a Committee of the whole Council consisting of
the Chief Justice, the Lord Bishop of Quebec Mess". Finlay, Baby, Dunn and Young
in which they declare that "they avow a responsibility to His Majesty under the
" solemn and sacred obligation of an Oath but cannot imagine that any person of

1. From the copy in the Canadian Archives, Q. 87, pt. 1, page 110.

Herman Witsius Ryland was born in Northampton, England, in 1760. In 1781, he entered
the service as Assistant Deputy Paymaster General to the Forces in North America and on
the close of the War returned to England with Sir Guy Carleton. When Lord Dorchester
resumed the Government of Lower Canada in 1793, Mr. Kyland accompanied him as Principal
Civil Secretary. In 1796, he was appointed Clerk of the Executive Council a position which
he held until his death. In 1802, he succeeded Mr. Finlay as Clerk of the Crown in Chin-
cery. Mr. Ryland was one of the most zealous advocates of the claims of the English party
and vigorously supported the policy of Sir James Craig. He was sent to England by Craig
in 1810 on an important political mission which, however, proved to be unsuccessful. In
December, 1811, he was appointed to the Legislative Council. His relations with Sir George
Prevost were none too happy and in 1813 he resigned the office of Civil Secretary. He retained
hi^ position in the Legislative Council until March, 1838. He died at Beauport, July 20th,

1838

2. For this report see page 273.

3. At the meeting of the Executive Council, held on the 25th of May, the Chief Justice
moved " that the Dissent from the Approval and Order of Entry of the Report laid before the
Board of Council on Friday, the 8th of May last by him delivered to the clerk of the Council
be entered on the Minutes of Council." His Excellency then informed the Board " that tie
phould defer putting the Question on this Motion till His Majesty's pleasure respecting the
Right of the Members to enter protests or Dissent on the Minutes of the Executive Council
should be made known." See the Minutes of the Executive Council, State Book C, Lower
Canada, pase 1&&

CONSTITUTIONAL DOCUMENTS 281

SESSIONAL PAPER No. 29c

"common discretion would knowingly subject himself to responsibility for bis Con-
" duct and at the same time be debarred from the Privilege of explaining his motives:
"humbly conceiving that the Spirit of British Polity whether domestic or Ck)lonial
" does in no case exact such unreasonable conditions from persons who engage in
" Civil Duties,"^ which declared and recorded opinions have in the prent (present)
case been disavowed as well in the debate which took place as by the Eesnlt of the
said Keport, a Eesult which tends to take away the Priviledge'of entering a Dissent
or protest and to destroy a Eight inherent in every ]\[ember of a Privy Council.

(signed) Wm. OSGOODE

E.S.M.
Endorsed : A.

Letter from the Chief Justice to the Clerk of the Executive Council inclos-
ing his Dissent &c da : 25'^ May 1801

In Lt. Governor Milne's

N". 54
To the Duke of Portland.

POETLAND TO MILNES.^

Sir Eobt. Shore
Milnes Bar*

Whitehall 13"^ July 1801
Sir,

I have had the honour to lay before the King your Letters numbered 48 and 49,
with your separate and secret letter of the 26*^ of April.^

I have fully considered all the circumstances stated in those letters, and although
in point of form, it would have been more correct if the object of Lord Dorchester's
message of April 1794, had been renewed by a Message from yourself as His Majesty's
Eepresentative, yet I cannot have any doubt but that the proceedings of the Legis-
lature in bringing forward the " Act for the relief of Persons holding Lands of His
Majesty en roture on which Lots & ventes are due," were fully warranted by the
Message of Lord Dorchester above alluded to, and that they were so understood at
the time by His Majesty's then actual Government in Lower Canada. I am, at the
same time, willing to believe, from the general character and conduct of M^ Osgoode,
that his opposition to the Bill proceeded from laudable motives, and I cannot there-
fore but the more r^ret 'that the want of communication on his part should have
prevented those steps from being taken, which, in a great measure, would have obvi-
ated his objections.

With respect to the policy of the measure, I consider it as declaratory of the
Eights of the Crown, at the same time that it renders the exercise of those Eights
under certain regulations more practicable and less burthensome to the Subject.

As to the pplication of the Sums arising from the exercise of those Eights, it is
properly left to His Majesty to apply them to such of the Publick Services of the
Province as He shall judge most proper: and so far it is clear, that no Act is neces-
sary for the application of those Sums.

The House of Assembly will of course repay, by such Ways and Means as they
shall judge proper, the Loan of £4000 which you very properly advanced (in conse-
quence of their Address) for the purpose of completing the Court Houses.

1. See the motion of the Chief Justice of January 5th, 1799, entered in the Minute* of
the Executive Coun i' for March 25th, 1799, page 233.

2. From the copy in the Canadian Archives, Q. 78A, pajie 16i.

3. Milnsd' letter No. 48 is given at page 270. The secret letter of the 29th of Miirch
discu';si's the personal relations between the Lieutenant-Governqr and the Chief Justice, but
contributes nothing further to the constitutional issue.

282

CANADIW MiClin i:s

4 GEORGE v., A. 1914

With respect to the question of entering Protests on the Minutes of the Execu-
tive Council which is discussed so much at large in N°. 48, and its Inclosures, it
appears to me that no hetter rule can be laid down than that by which His Majesty's
Privy Council here is guided in similar cases.

Although the most unreserved liberty of Speech is allowed to all Members of
that Board, in the same manner as it is granted to the Executive Councillors of
Lower Canada by His Majesty's lustriietions,' I have reason to believe, that not a
single instance is to be found on the Minutes of the Privy Council (and occasions
most certainly have not unfrequently occurred, and indeed must of necessity often
occur) where the sentiments of the Members present diametrically differ from each
other. ,

Having thus stated to you what appears to have been the invariable practice
here in cases similar to that in which M"^. Osgoode's Protest was entered, I think it
imneeessary to enter into any discussion on the question of a right which has never
been attempted to be exercised, .nor has ever been laid claim to.

In answer to your letter inclosing a Memorial from the Attorney General 'of
Lower Canada, together with several Papers in support of it, I am to acquaint you,
that I do not disapprove of his being allowed, in addition to his regular Salary, such
Fees for the future, as may be, either settled by Ordinance, or approved by a Report
of the Council.

1 am (Sec

POETLAND

EEFERENCE TO THE ATTORNEY AND SOLICITOR GENERAL RESPECT-
ING COFRT OF KINO'S BENCH.=

Castle of S'. Lewis

Quebec 22"^' July 1801

Attorney'^

& W General
Solicitor J

Gentlemen

. I am commanded by His Excellency The Lieutenant to desire your opinions upon
the following Questions. —

1^*^. Can or Cannot a Criminal Term of the Court of King's Bench for the Dis-
trict of Quebec be held under the Provincial Statute 34 G TIL C 6. — without the
presence of the Chief Justice of the Province."

2'"^. If such a Term may be held without the presence of the Chief Justice of
the Province, then of what persons under the above mentioned Statute must the
Court in such a Case be constituted. —

Z'^^. If such a Term cannot be held without the presence of the Chief Justice
By what means can the Defect thereof

I am A'^^

LL W. RYLAND.

1. See Article IX. of the Instructions to the Governor-in-Chief, page 16.

2. From the original copy in the Letter Book of the Governor's Civil Secretary, Can-
adian Archives, G. 428, page 276.

3. This situation was created by the departiire of Chief Justice Osgoode.

CONSTITVTIONAL DOCUMEyTf^ 283

SESSIONAL PAPER No. 29c

REPORT OF THE ATTORNEY GENERAL AND SOLICITOR GENERAL.^

Copi/

To Hi? Excellency Sir Robert Shore lliliies Bar'. Lieutenant Governor of the Prov-
ince of Lower Canada &c &G &c.

May it plea-e yo^ir Excellency,

In obedience to the Commands of your Excellency we have now the honor of
submitting our opinion upon the several questions contained in M''. Secretary
Ryknd's Letter of the 22"<J Instant;

The 1''' Clause of the Provincial Statute 34 Geo: III. e. C.- enacts that the Prov-
ince of Lower Canada shall consist of three Districts; vizt. Quebec, Montreal and
Three Rivers, and the second Clause is in the following words " And be it further
'■ enacted by the Authority aforesaid, that thei'e shall be constituted and erected in
''each of the aforesaid Districts of Quebec and Montreal respectively; a Court to
" be called the Court of King's Bench ; that the Court of King's Bench for the Dis-
'* triet of Quebec shall consist of His Majesty's Chief Justice for the said Province
"and three Puisne Justices; and the Court of King's Bench for the District of
" ^fontreal shall consist of Llis Majesty's Chief Justice of the said Court and three
''Puisne Justices; and that the said Courts in the respective Districts aforesaid,
"shall have original jurisdiction, to take Cognizance of, hear, try and determine in
" the manner hereinafter enacted, all Causes as well Civil as Criminal, and where the
"King is a party, except those purely of Admiralty Jurisdiction and such as are,
" herein after excepted, and provided for the inferior District of Gaspe, as part of
" the said District of Quebec."

By til's clause the constitution of each Court is precisely declared and the sevei'al
persons of whom the said Covirts are respectively to consist, as well for the trial of
Criminal as of Civil Causes, are expli'essJij named.

The second Clause also declares as above stated " That t]ie said Courts " that is
the Courts of the two Districts thereby constituted, " shall in their respective Dis-
" trictSj hear, try & determine, in the manner therein after enacted, all Causes as well
''Civil as Criminal:'' and the third Clause accordingly afterwards declares the num-
ber of Judges by whom and the times at which Criminal Offences may be heard, this
third Clause in these words '' And for the Administration of Justice in Criminal
" Cases, it is further enacted, by the authority aforesaid that there shall be held by
" two or more Justices of the said Court of King's Bench, one of whom shall always
" be His Majesty's Chief Justice of the Province, or the Chief Justice of the Court
" of King's Bench at Montreal, within each of the aforesaid Districts of Quebec and
" Montreal, two Sessions of the Court of King's Bench in every year, for the Cogni-
" zance of all Crimes and Criminal Offences, at the times and places hereafter men-
'■ tioned, to wit, at the City of Quebec, the last ten days in the Months of March and
" September, and that every Juridical day during the said Sessions sliall be a return
" day "

But this third Clause must necessarily (as we conceive) be understood with
relation to the Courts of the two Districts respectively, for it only defines the manner
of hearing and determining Criminal Causes, which is mentioned in the second
Clause; which manner of hearing and determining Criminal Causes, is by that
Second Clause pre-dcclared to relate to the Courts of the two Districts respectively,
as thereby constituted. The enacting words of this second Clause (after declaring
what persons shall constitute the Court of King's Bench, in each of the said two
Districts respectively) being " that the said Courts in the respective Districts afore-

\- From the copy in the Canadian Archives, Q. 87, pt. 1, pajje 275.
2. See page 125.

284

CAKADIAX ARCHIVE!^

4 GEORGE v., A. 1914

'' said shall have original jurisdiction to take Cognizance of, hear, try and determine-
" in the manner herein after enacted, all Causes as well Civil as Criminal."

It is certainly clear that the Chief Justice of Montreal can have no Jurisdiction
in the Court of King's Bench for the District of Quebec,^ unless he be one of the
Justices of that Court, or, in other words one of the persons of whom that Court is
by Law declared to consist; any construction therefore of the Act in question, by
which it is held, that the Chief Justice of Montreal can, with two Puisne Justices of
the Court of King's Bench for the District of Quebec, hold a Criminal Term of that
Court, necessarily makes the Chief Justice of Montreal a constituent part of the Court
of King's Bench for the District of Quebec, and consequently declares that that
Court consists of the Chief Justice of the Province, the Chief Justice of Montreal,
and three Puisne Justices, contrary to the positive terms of the second Clause, above
recited; which declares that, "the Court of King's Bench for the District of Quebec
" shall consist of His Majesty's Chief Justice of the Province and three Puisne
'• Justices " only.

It can only be implied from the ambiguity of the third Clause that a Criminal
Term of the King's Bench for the District of Quebec can be held without the presence
of His Majesty's Chief Justice of the Province and this in our opinion, cannot be,
because the Act, with respect to the questions submitted is clearly a criminal Statute
of the greatest magnitude; and all criminal Statutes must be construed strictly.

For these Reasons we are of opinion, that a Criminal Term for the Court of
King's Bench, for the District of Quebec, cannot be held under the Provincial Statute
34 Geo: III c. 6. without the Presence of 'the Chief Justice of the Province. And that
the Defect of such a Term can be legally supplied by Commissions of Oyer and Ter-
miner and general Goal Delivery.

All which nevertheless is most humbly submitted to your
Wisdom by

Your Excellency's

M. o. & v.

Exccllencv creat

h. s*

J. SEWELL Att^. Gen^

sig-ned

L. C. FOUCHER So? Gen^ -
I R S M.

Quebec 30*'* July 1801

Endorsed : Copy

(5)
SO''* July 1801

Report of the Attorney and Solicitor
General
In Lieut. Gov'. Milnes's

N". 61
to the Duke of Portland.

I

1. The suggestion had been made that a special commission should be issued authorizing
the Chief Justice of Montreal to sit and preside in the criminal terms of tne Court of King'b
Bench for the District of Quebec. (See Canadian ArchiveSj Q. 87, pt. 1, page 273.)

2. See page 842. note 2.

CONSTITUTIOXAL DOCUMENTS 285

SESSIONAL PAPER No. 29c

Mr. RYLAND TO CHIEF JUSTICE MONK.^

Castle of S*. Lewis

Quebec 3'*^ Sept^ ISOl
Chief Justice Monk

Sir

I aui commanded by His Excellency the Lieutenant Governor to acknowledge
the receipt of your Letter of the 15^^ Ultimo.

His Excellency the Lieutenant Governor after mature reflection thinks it neces-
sary that a Commission of Oyer and Terminer and General Goal Delivery should
issue to Supply the defect of the next Term of the King's Bench for this District
directed to the Chief Justice of the Province the Chief Justice of Montreal and the
Justices of the King's Bench of Quebec the Two Chief Justices being of the Quorum.
He is of opinion that the Act of the Legislature commonly called the Judicature Act
has rendered this measure requisite and that a Special Court to Supply the acci-
dental defect of a Criminal Term of the Court of King's Bench ought to be composed
of the characters 'to whom the Legislature has thought proper and necessary to entrust
the execution of the Criminal Law and to no others and that the powers to be given
to it ought to be as ample if Possible as those entrusted to the Court the want of
which it is meant to Supply His Excellency therefore feels himself bound in duty to
issue the Commission he has mentioned in the manner above stated and orders to
this Effect will be immediately issued. At the same time His Excellency regrets that
this measure will subject you to a duty inconvenient to yourself and in some degree
repugnant to your feeling's which it would therefore be his inclination 'to avoid
imposing upon you but considering the measure to be necessary he finds himself
restrained from permitting any Consideration to prevent the adoption of it."

I am &.''

H. W. RYLAND.

PROOEEDINGS RELATING TO TKE EXPULSiOX OF ME. BOUC FROM
THE HOUSE OF ASSEMBLY, LOWER CANADA.^

Journal of the House of Assembly of Lower-Canada.

Monday, 31st March, ISOO.

The Order for taking into consideration the Copy of the Record of the Proceed-
ings upon the Indictment, in the Court of King's Bench, for the District oi Montreal,
against Charles Baptists Bouc,*^ Esq. a Member of this House; and also for the said

1. From the original copy in the Letter Book of the Governor's Civil Secretary, Can-
adian Archives, G. 428, page 298.

2. When it was decided to issue a Commiosion of Oyer and Terminer and General Gaol
Delibery, Chief Justice Monk pointed out that Articles V. and VI. of the Judicature Act
(See page 127) suspended the execution of Judgment until the approbation of the Lieutenant-
Governor had been received and required from a majority of the Judges a detailed report o*'
the more important cases which came before them. At the same time he expressed the hope
that " Your" Excellency will not find it requisite to place me under such a duty from the
circumstance of the Chief Justice's absence." See the Canadian Archives, Q. 87, pt. 1, I'ago
280.

3. From the Journal of the House of Aaseinhly of Lower Cartadu for the years 1800, ISOl
and 1602.

4. Charles Bore waa elected for the County of Effingham in 17% and again at the gen-
eral election held in the summer of 1800. (See page 250 note 1).

286

CAXAJJ/.\.\ AUCHIVKH

4 GEORGE v., A. 1914

Mr. Bouc'^ citteiidiiig- in his place, beiiiff read — the House proceeded to take the ranie
into foiisidcriitioii.

And the said Copy of the Record of the said Proceedings in the Court of King's
Bench was read, and is as follows •?

■y.- 4f -X- * t!- * * * ^ ^

And the said Mr. Bouc attending in his place, pursuant to the said Order of the
House of the 19th instant, he was heard in his defence, and afterwards withdrew.

Mr. Attorney General then moved to resolve, seconded by Mr. Lees, that it
appearing to this House by the said record that Charles Baptiste Bouc, Esquire, a
member of this House, upon the indictment in the Court of King's Bench for the
district of Montreal in this Province, exhibited against him. hath been convicted of
the crime of conspiracy with sundry other persons unjustly and fraudulently to
obtain of Efietwe Di'ouin divers large sums of money, the said CJinrles Baptiste
Bouc be expelled this House.

Mr. Grant moved, seconded by Mr. Papineau, in amendment to Mr. Attorney
General's motion, that the words '' he expelled this Hoiise," be left out, and the fol-
lowing words substituted in their place: " te heard hy his counsel at the Bar 'of tltis
"House on Wednesday next at three o'rloch in the afternoon."

The PTouse divided upon the question;
Yeas 13
Nays 13

And Mr. Speaker gave the casting vote in the atRrmative.

The main (juestion as amended being then put a division again ensued which
proved to be the same as the last mentioned, and the names being called for they
were taken down as follows, viz.

Yeas.

Mr. Speaker, Messieurs Martineau, Paquet, Begin, Dnrocher, Taclie, Iluot. Ber-
thelot, Duma>i>, Grant, De Rochehlave, Bedard, Plant e and Papineau.

Nays.
]\[essieurs T. Coffin, (''uthhcrl. Lees, A'. Coffiii. Mcnul. Bhtcl-. Bi'i-iii^'r. AUsoiip.
Auldjo, Fisher, Young, the Attorney General and Craigie.
And the same being carried in the affirmative.

Resolved, that it appearing to this House by the said record, that Charles Bte. Bouc,
Esquire, a member of this House, upon the indictment in the Court, of
King's Bench for the District of Montireal in this Province, exhibited
against him, hath been convicted of the crime of Conspiracy with sundry
other persons unjustly and fraudulently to obtain of Etienne Drouin divers
large sums of money, the said Charles Baptiste Bouc, be heard by his
Counsel at the Bar of this House on Wedne-dny next at three o'<dock in
the afternoon.

themselvps of and from the said Etienne Drouin divers large sums of Money

amono; themselves conspire, combine, confederate and asree falsely and without any reason-
able or i^robable cause whatever, to charge and accuse the said Etienne Drouin with having
fraudulently moistened and wetted a certain large quantity of Wheat." Mr. Bouc was con-
victed of the charge and the judgment of the court was " that the said Charles linptistc Boin'
be imprisoned in the common gaol of the said district, during the space of three calendar
raonth-i, that he do pay a fine of twenty pounds to our said Lord the King, and that he do
jind security for his good behaviour for <he space of three years next after his discharge"

COXSTITT rrOXAL DOCrMEXT,'^ 287

SESSIONAL PAPER Mo. 29c ''

Wednesday, 2d April, 1800.

The Order of the Day for hearing Coimsel at the Bar, in behalf of Chai-Jes
Baptiste B'ouc, Esquire, a Member of this House, being- read,

Mr. Bouc, with his' Counsel Alexis Caron, Esquire, Attorney and Advocate at
Law, appeared at the Bar accordingly; and Mr. Speaker having asked Mr. Bouc
whether he would come within the Bar, and take his seat, he answered that he pre-
ferred to remain with his Counsel.

And Mr. Caron being then heard in behalf of Mr. Bouc, they afterwards with-
drew.

Mr. Attorney General then moved to resolve, seconded by Mr. Lees,

Th^ this House, by their resolution of Monday last, having voted, that it
appeared to this House, by a Record of the Court of King's Bench, for the District
of Montreal, then read, that Charles Baptiste Bouc, a Member of this Rouse, upon
an Indictment in the aforesaid Court exhibited against him, had been convicted of
the crime of Conspiracy, with sundry other persons, unjustly and fraudulently to
obtain of Etienne Drouin, divers large sums of money, the said Chhrles Baptuste
Bouc be expelled this House.

Thereupon debates arose.

And Mr. Lees moved the previous (luestion, seconded by Mr. Craigie,

Shall the question be now put ?

The House divided thereon,
Yeas 19
Nays 10

Majority of nine in the affirmative.

Accordingly the main question was put. a division again ensued,
Yeas 21
Nays 8

So the same being carried by a majority of thirteen,

UNSOLVED, that this House by their resolution of Monday last having voted, that it

appeared to this House by a record of the Court of King's Bench for the

District of Montreal, then read, that Charles Baptiste Bouc, a Member of

this House, upon an indictment in the aforesaid Court exhibited against

^ him, had been convicted of the crime of Conspiracy, with sundry other

persons, unjustly and fraudulently to obtain of Etienne Drouin, divers
large sums of money; the said Charles Baptiste Bouc he expelled this
House.

Saturday, 2J^t]i January, 1801.

The order of the day for taking into consideration the Record of Proceedings
in the Court of King's Bench for the District of Montreal, upon an indictment
against Charles Baptiste Bouc, Esquire, a member of this House, and the Proceed-
ings and Resolutions of the last session of this House, in the months of ^Marfh and
April last, against the said ^Ir. Bouc being read —

The House proceeded to take the same into consideration.

And the said copy of the said Record, and the said Proceedings and Re:iolutiuiis
of this House were read.

Mr. Plnnte moved, seconded by ]\[r. Berthelot, that this House do now rc-;(jlvc
itself into a Committee of the whole House to take the said proceedings into con-
sideration.

288 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Mr. Solicitor General moved in amendment, seconded by Mr, Walker, that all
the words of the motion except the word " that " be struck out, and the following
substituted — " J.s it appears hif the Record of the Court of King's Bench for the dis-
" trict of Montreal, that Charles Baptiste Bouc, a Mentber of this House, upon an
*' Indictment in the aforesaid Oourt exhibited against him, had been convicted of the
*' crime of Conspiracy, with sundry other persons, unjustly and fraudulently to
" ohtkiinli 'of Etienne Drouin divers large sums of money — And whereas the said
" Charles Baptiste Bouc, in consequence thereof, ivas expelled during the last Session,
" that he he expelled this House.

Thereupon debates arose.

A Member in hi^ place, informed the House that he was present at the last
Election of Knights of the Shire to serve in this present Provincial Parliament, for
the County of Effingham; that he is well acquainted with the person of Mr. Bouc,
who is returned to serve for the said County, and that he is the same identical
Charles Baptiste Bouc who was expelled this House during the last Session.

And the question being put, " that the proposed amendment do pass ? "

The House divided.

Yeas 26
ISTays 9

So it was carried in the affirmative by a majority of seventeen.

Then the main question as amended, was put; a division of the liouse again
ensued; and the names being called for, they were taktfn down and are as followeth:
VideUcet.

Yeas,

Messieurs Gouin, Jlahy, Bell, Co/fin, Ross CutJihert, the Solicitor- General,
]\lr. -JhsHcc De Jionnc, Mr. Justice J^ancf. Messrs. BoncJier, Vifje, Fevinault, Walker,
Raymond, Caldwell, James Cuthhert, Hubert, The Attorney General, Messieurs Lees,
Young, Steel, Lester, Flante, Taschereau, Badgley, McGill, Menut, and Martineau.

Nays,
Messieurs Bedard, BerUielut. Menard, Poulain, Archambault, Tellier, and Nadon.
IResolved, that as it appears by a Record of the Court of King's Bench for the Dis-
trict of Montreal, that Charles Baptiste Bouc, a member of this House,
upon an Indictment in the aforesaid Court exhibited against him, had
been convicted of the Crime of Conspiracy, with sundry persons, unjustly
and fraudulently to obtain of Etienne Drouin divers large sums of money
— And whereas in consequence thereof, the said Charles Baptiste Bouc,
was expelled during the last session— That lie be expelled this House.

Friday, 20ih March, 1801.
***********

Mr. Lees moved, seconded by Mr. Steel,

That the return of the Clerk of the Crown for a Member to serve in this House
for the County of Effingham, be now read.
The House divided vipon the question,

Yeas 14

Nays 1
And the same being carried in the affirmative.
The said Return was read accordingly.

i

COlsfSTITVTIO'WiL DOCUMENTS 289

SESSIONAL PAPER No. 29c

On motion of Mr. Lees, seconded by Mr. Huot,
Ordered, that the proceedings of this House on the 2d day of April, 1800,^ rehiting
to Charles Baptiste Bouc, be now read:
And the said proceedings were read.
Ordered, that the proceedings of this House on the 24th day of January last relat-
ing to diaries Baptiste Bouc, be now read:
And the said proceedings were read.

Mr. Lees moved, seconded by the Attorney General to resolve that Charles
Baptiste Bouc, a Member returned to serve in this House for the County of Effing-
ham, be expelled this House, for the reasons set forth in the Resolutions of this
House of the 2d day of April, 1800, and of the 24th day of January last;

The House divided upon the question, and the names being called for, they were
taken down as follows:

Yeas,
Messieurs Martineau, Taschereau, Craigie, Vondenvelden, Meniit, Y'oung, Huot,
Rochehlave, Gouin, Steel, Justice Panel, Caldwell, the Attorney General, Lester,
^Yal'ker, Lees and MvGill.

Nays,
Messieurs Berthelot, Pierre Bedard and Tellier.
Resolved^ the Charles Baptiste Bouc, a Member returned to serve in this House for
the County of Effingham, be expelled this House, for the reasons set forth
in the Resolutions of this House of the 2d of April, 1800, and of the 24th
day of January last. '

Friday, 12th Felruary, 1802.

Mr. Si)eaker informed the House, that the Return of the Clerk of the Crown in
Chancery of a Member to serve in the present Provincial Parliament, in the place of
Charles Baptiste Bouc, expelled this House, had been duly made and was upon the
Table.
Ordered, that the said Return be now read.

The said Return was accordingly read by the Clerk, and the same is as foUow-
eth, videlicet:

Office of the Clerk of the Crown in Chancery,
Quelec, 12th February, 1802.

"By a Warrant from the Honorable Speaker of the House of Assembly,
^' directed to the Honorable Hugh Finlay, Esqr. late Clerk of the Crown in Chancery,
*' it did appear, that by the expulsion of Cha/rles Baptiste Bouc, from the House of
" Assembly, a vacancy of one Member for the County of Effingham had happened in
"the said House; Whereupon a Writ signed by His Excellency Sir Eoieri Shore
" Milnes, Baronet, the Lieutenant Governor, did issue the first day of April last, for
" the Election of a Member or Representative to serve in Assembly in the room and
"stead of the said Charles Baptiste Bouc, so expelled as aforesaid: Now by the
" Return to the said Writ of Election, bearing date the thirtieth day of April last, it
" appears that the same Charles Baptiste Bouc, so expelled as aforesaid, had been
" chosen, and is now returned to Represent the said County of Effingham.

(Signed) HERMAN WITSIUS RYLAND.
C.C. in Ch:
To Samuel Phillips, Esqr. Clerk of the
House of Assembly for Lower-Canada.

1. See page 295, note 2.
29c— 19

290 CANADIAN ARCHIVES

4 GEORGE v., A. 1914
Wednesday/, 17th February, 1802.

Mr. Mesnard and Mr. Bernier informed the House, that Mr. *Bouc, Member for
Effingham, had in their presence taken the oath, and attended at the door, and
desired to be admitted to take his seat in this House.

Mr. Coffin moved, seconded by Mr. Craigie,

That the Clerk of the Crown in Chancery do lay before this House, the Instru-
ment of Indenture required by Law to accompany the Eeturn made by the Returning
Officer of the County of Effingham, to the Writ issued for the Election of a Member
to represent the said County in the present Provincial Parliament.

Mr. Bedard moved in amendment to Mr. Coffin's motion, that all the words after
" moves," be struck out, and the following substituted in lieu thereof, that Mr. Charles
Baptists Bouc to now introduced into this lionise," — 'and was seconded by Mr. Tellier.

Whereupon Mr. Justice De Bonne moved, seconded by Mr. Coffin,

That this House do adjourn to Friday next.

The House divided upon the question.
Yeas 5
Nays 16

So it passed in the negative by a majority of Ten.

The Question upon the proposed amendment being put, it was agreed to unani-
mously, and the question on the main motion as amended being put, it was agreed to
by the House.
Eesolved^ That Mr. Charles Baptiste Bouc be now introduced into this Ho vise.

Accordingly Mr. Berihelot, Mr. Vondenvelden and other members, introduced
the said Mr. Charles Baptiste Bouc, and he took his seat in the House.

Tuesday, 2Sd Fehruary, 1802.

On motion of Mr. Berihelot, seconded by Mr. Tellier,
Ordered, That the proceedings of this House on the 2d day of April, 1800, relat-
ing to Charles Baptiste Bouc, Esquire, one of the Members of this House,
be now read.
And the said proceedings were read.
Ordered,, That the proceedings of this House on the 23d and 24th of January, 1801,
relating to the said Charles Baptiste Bouc, be now read.
And the said proceedings were read.

Ordered, That the proceedings of this House on the 20th of IMarch last,^ relating
to the said Charles Baptiste Bouc, be now read,

And the said proceedings were read.

After which Mr. Bouc rose in his place and declared, that since the proceedings
which have been now read, were had, he has procured the means of his Justification,
and requested permission to submit the same to the House.

Mr. Coffin moved, seconded by Mr. Steel,

That tbe Clerk of the Crovm in Chancery do lay before this House, the Writ
issued for the election of a Member to Represent the County of Effingham with the
Instrument of Indenture required by the Act of the 40th. Geo. 3d. Chap.^ 1st to
accompany the same, and also such Return as may have been made to the said Writ
by the Returning Officer of the County aforesaid.

1. See page 288.

2. Section 14 of this Act outlines the duties otf the returning officer in connection with
the declaration of the result of the election.

CONSTITUTIONAL DOCUMENTS 291

SESSIONAL PAPER No. 29c

Mr. Bedard moved in amendment, seconded by Mr. Berihelot,
That all the words of Mr. Coffin's motion after " moves;' be struck out and the
following substituted in lieu thereof, " That the said Charles Baptiste Bouc, Esquire,
he now heard in his place, upon the means 'of Justification which he has to offer to^
this House."

Mr. Bedard then moved the previous question,

That the question be now put, which being agreed unto unanimously by the
House,

The question upon the said amendment wasi put and the House divided.
Yeas 11
Nays 13
So it passed in the Negative by a majority of two.

And the main question being put, the House again divided, and the names being
called for, were taken down and are as follows:

Yeas,
Messieurs PerinauU, Craigie, Menut, Mr. Justice De B'onne, Messrs 'Steel, Bell,
Bahy, Young, Eochehlave, McGill, Lester, Taschereau, Coffin, and Perrault.

Nays,
Messieurs Blais, Poulain, Boucher, Mesnard, Maa-tineau, Tellier, Paquet, Huot,
Bedard, and Berthelot.

Majority of four in the affirmative.
Ordered^ That the Clerk of the Crown in Chancery do lay before this House, the
Writ issued for the Election of a Member to represent the County of
Effingham, with the Instrument of Indenture required by the Act of the
40th Geo. 3d. Chap. 1st. to accompany the same, and also such Return as
may have been made to the said Writ by the Eeturning officer of the
County aforesaid.
**********

Friday, 26th Fehruary, 1802.

The House proceeded to take into consideration the last Writ and Return*
thereon of a Knight Representative of the County of Effiingham.

And the said Writ and Return, with the other Documents accompanying the
same, were read;

The House being moved that the fourteenth section of the Provincial Act of 40th.
Geo. ni. Cap. 1st. as also the form No. 6, in the schedule annexed to the said Act.
might .be read,

The same were read.

Mr. Bedard moved to resolve, seconded by Mr. Berthelot,

That Charles Baptiste Bouc, Esquire, is duly elected a Knight to serve in this
present Provincial Parliament, for the County of Effingham.

Mr. Coffin moved in amendment, seconded by Mr. Justice De Bonne,

That all the words after the word " Resolve,'' be struck out and the following
substituted, " That TJiomas Porteous, Esquire, Returning Officer for the County of
" Effingham, do attend this House on the ninth of March next."

The House divided upon the question.
Yeas 8
Nays 13

So it passed in the negative by a majority of five.

The main question being put, it was unanimously agreed unto by the House.
Resolved, That Charles Baptiste Bouc, Esquire, is duly elected a Knight to serve in
this present Provincial Parliament, for the County of Effingham.

29e— 19i

292 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

On motion of Mr. Bedard, seconded by Mr. Berthelot,
Ordered, That Thonnas Porteous, Esquire, late Returning Officer at the last election
of a Knight to serve in the Provincial Parliament for the County oi Effing-
ham^ do forthwith make and send to the Clerk of the Crown in Chancery,
a proper and perfect return of Charles B'aptiste Bouc, Esquire, elected a
ICiiight to serve in the said Provincial Parliament for the said County of
Effingham; and that the Clerk of the Crown in Chancery do annex the same
to the Writ returned by him the said Thomas Porteous.
**********

Saturday, 27th Felruary, 1802.

The Order of the day being called for, the following business was claimed as a
matter of Privilege, and, as such, proceeded upon in preference to the order of the
day.

On motion of Mr. Bedard, seconded by Mr. Berthelot,
Ordered, That the proceedings of this House on Tuesday last, relating to Charles
Baptiste Bouc, Esquire, a Member of this House, be now read.

And the same were read accordingly.

Mr. Bedard moved, seconded/ by Mr. Berthelot,

That the said Charles Baptiste Bouc, Esquire, be now heard upon the means of
justification which he has to submit to this House.

**********

Eesolved, That Chm'les Baptiste Bouc, Esquire, be now heard upon the means of
justification which he has to submit to this House.
Mr. Bouc was accordingly heard in his place, and read divers affidavits and
written papers, some in English and others in French, but without translations accom-
panying the same; and declared that he had further means of justification to bring
forward, and witnesses to be heard, if permitted to produce the same. .

On motion of Mr. Young, seconded by Mr. Perrault, *

Ordered, That the affidavits and papers read by C. B. Bouc, as part of his justifica-
tion, be brought up. p
Accordingly nine papers were delivered in at the Table by Mr. Bouc, ..«
Ordered, That the said papers be translated,

**********

Monday, 22d March, 1802.

The order of the day that Charles Baptiste Bouc, Esquire, a Member of this
House, be heard by his Counsel at the Bar and by himself in his place to make good
all his means of Justification and produce all the witnesses which he may of right
bring forward, being read —

The House proceeded to take the same into consideration.

And Mr. Bouc and his coimsel being called,

Alexii- Carron, Esquire, Attorney and Advocate at Law, Counsel for Mr. Bouc,
appeared at the Bar and was heard in his behalf, after which he withdrew.

The Attorney General moved to Resolve, seconded by the Solicitor General,

That the said Charles Baptiste Bouc hath not availed himself of the Indulgence
granted to him by the Resolve of the sixth instant,^ that he hath not made good any
of his means of Justification nor produced any witnesses which of right he might
have produced.

1. On March 6th, the Assembly had ordered that Mr. Bouc be heard at the Bar of the
House " to make good all his means of justification, and produce all the Witnesses, which he
may of right bring forward." Journals of the House of Assembly of Loner Canada. 1802.
page 202.

CONSTITUTIONAL DOCUMENTS 293

SESSIONAL PAPER No. 29c
Thereupon Debates arose.

And the main question being put the House again divided, whicli proving to be
the same as the foregoing, it was accordingly resolved in the affirmative.

The Attorney General moved, seconded by the Solicitor General, to resolve,

That the said Charles Ba,ptiste B'ouc, hath not shovpn any sufficient ground for
any further extension of the Indulgence granted by the Eesolve of this House of the
sixth instant.

Debates again ensued,
**********

And the main question being put the House again divided, which proving to be
the same as the foregoing, it was accordingly resolved in the affirmative.

The Attorney General moved, seconded by the Solicitor General,

That the proceedings of this. House of the 2d of April, 1800, of the 24th day of
January, 1801, and of the 20th day of March, 1801, relating to the said Charles
Baptiste Bouc, be now read,

The House divided thereon.

Yeas 16
Nays 5

Majority of eleven in the affirmative,

And the said proceedings were read accordingly,

The Attorney General moved to Resolve, seconded by the Solicitor General,

That Charles Baptiste Bouc, a Member returned to serve in this House for the
County of Effingham, be expelled this House for the reasons set forth in the Resolu-
tions of this House of the 2d day of April, 1800, of the 24th day of January, 1801,
and of the 2'Oth day of March, 1801, relating to the said Charles Baptiste Bouc; and
that he be declared disqualified and incapable of sitting or voting as a Member of
this House in this present Parliament.

**********

And the same being carried in the affirmative by a majority of eleven,
Rksolved, That Charles Baptiste Bouc, a Member returned to serve in this House
for the County of Effingham, be expelled this House for the reasons set
forth in the resolutions of this House of the 2d day of April, 1800, of the
24th day of January, 1801, and of the 20th day of March, 1801, relating
to the said Charles Baptiste Bouc; and that he be declared disqualified
and incapable of sitting or voting as a Member of this House, in this
present Parliament.
The Attorney General moved, seconded by Mr. Solicitor General,
For leave to bring in a Bill for disqualifying and restraining Charles Baptiste
Bouc, from being elected and from sitting and voting as a Member of the House of
Assembly^.

1- This resolution was adopted by a note of 15 to 7, and a bill was prepared in accord-
ance therewith. On the motion ifor the third reading of this bill on the 23rd March, it was
moved in amendment that " A Committee of five members, whereof three shall form a
Qaorum, be appointed to prepare and report a Bill, to disqualify and render incapable of
beini? elected to sit or to vote as a Member of the House of Assembly, all persons who shall
have been convicted, in a Court of Justice, of the crime of Conspiracy." This amendment
was defeated, and the Bill for the disqualification of Bouc was read a third time and passed.
Journals of the House of Assembly of Lotrer Canada, 1802, pago 330.

294 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

AN ACT DISQUALIFYING CHARLES BOUC FROM BEING

ELECTED TO THE HOUSE OF ASSEMBLY, LOWER

CANADA.^

Anno quadragesimo secundo Georgh III.

CAP. VII

An Act for disqualifying and restraining, Charles Baptiste
Bouc, from being elected, and from. Sitting and Voting as a Member
of the House of Assembly.

(5tli April, 1802.)

Preamble. Whereas, C^Hes Baptiste Souc, late a Member of the House of

Assembly of thid Province, for the County of Effingham, upon an

Indictment" exhibited against him, in His Majesty's Court of King's

Bench for the District of Montreal, was at the Session of the said

Coui't of King's Bench, begun and holden for the said District in

the City of Montreal, for the trial of all Crimes and Criminal

Offences, on Friday the first day of March, which was in the Year

of Our Lord Christ, One thousand seven hundred and ninety nine,

convicted of the Crime of Conspiracy, with sundry others persons,

unjustly and fraudulently, to obtain of one, Etienne Drouin, divers

large sums of money, and in consequence of such conviction hath

been, four times, expelled from the said House of Assembly.

Be it therefore enacted by the King's Most Excellent Majesty,

by and with the advice and consent of the Legislative Council and

Assembly of the Province <f Lower Canada, constituted and

assembled by virtue of and under the authority of An Act passed in

the Parliament of Great Britain intituled, " An Act to repeal cer-

" tain parts of an Act passed in the fourteenth year of His Majesty's

"reign, intituled, "An Act for maJcing more effectual provision for

"Government 'of the Province of Quebec in North America;" and

to " make further provision for the Government of the said Prov-

Charles Baptiste ince," And it is hereby enacted by the authority of the same, that

Bouc, disqualified the said Charles Baptiste Bouc, from and after the passing of this

capable of being -^^*> shall be and he is hereby disqualified and rendered incapable of

elected or of being elected, or of sitting or voting, as a Member of the said House

as^'^a^Memblr'^of^ ^^ Assembly, until His Majesty shall be most graciously pleased to

Assembly, until pardon, remit and release, the said Charles Baptiste Bouc, of and

pardoned by His from the said conviction, and the legal consequences and effects
Majesty. ^^^^^^^^

PLAN OF A BILL ERECTING A COURT OF CHANCERY IN UPPER

CANADA.3

1. Whereas since the Division of the Province of Quebec into the two Provinces
of Upper and Lower Canada many Cases have arisen and many more are likely to

1. From The Provincial Statutes of Lower Canada.

2. See page 286. note 1.

3. From the copy in the Canadian Archives, Q. 290, pt. 1, page 96A.

CONSTITUTIONAL DOCUMEyT^ 295

SESSIONAL PAPER No. 29c

arise in which no Relief or Redress can be had in a Court of Law.^ And whereas
there is not as yet any Court of Equity in the said Province of Upper Canada — It
is therefore become expedient and essential to the due Disipensation of Justice in such
Cases that a Court of Equity should be forthwith established and it is deemed most
conducive to the Benefit and Advantage of the said Province of Upper Canada that a
Court of Chancery should be erected and Constituted in the said last mentioned
Province —

Be it therefore Enacted by The King's most Excellent Majesty by and with the
Advice and Consent of the Legislative Council and Assembly of the said Province of
Upper Canada constituted and Assembled by Virtue of and under the Authority of
An Act passed in the Parliament of Great Britain intitled " An Act to repeal certain
parts of an Act passed in the Fourteenth Year of His Majesty's Reign intitled " An
Act for making more effectual Provision for the Government of the Province of
Quebec in North America and to make further Provision for the Government of the
said Province and by the Authority of the same. That there be erected Constituted
and established. And there is hereby erected constituted and established a Court of
Chancery to be called and known by the Name and Stile of His Majesty's Court of
Chancery for the Province of Upper Canada which shall be a Court as of Record
possessing not only such Jurisdiction both ordinary and Extraordinary but also all
such other Powers and Authorities as are incident to His Majesty's High Court of
Chancery in England. And that the Chancellor who has been already appointed by
His said Majesty for the said Province of Upper Canada' and such Person or Persons
as His Majesty His Heirs or Successors shall here after think proper from time to
time to appoint shall be the Chancellor of the said Court hereby constituted and such
Chancellor is hereby authorized to exercise all and every the same Power and Powers
Authority and Authorities as now are or heretofore have been judicially exercised
by the Lord High Chancellor of Great Britain' or by the Lord Keeper or Lords
Commissioners for the Custody of the Great Seal in His Majesty's said High Court
of Chancery in England and that the Great Seal of the said Province of Upper
Canada shall be the Seal of the said Court hereby Constituted and that such Court
may and shall issue all such Writs and process and take Cognizance of and permit to

1. On this point Lieutenant-Governor Hunter in his letter enclosing the Bill observes: —
" From my arrival here down to the present time, constant Applications have been mad'*

to me, for the establishing: a Court of Equity, and the necessity for such a Jurisdiction is
now become so urgent, that it cannot longer be delayed without manifest Injury to th^
Province.

The Merchants and others both here and in the Lower Province have made their appli-
cation for a Court of Equity, stating that they have considerable Sums of Money due to them
uptn Mortgpges of Lands in this Province, and the Debtors knowing that there is no Juris
diction in which those Mortgages can be foreclosed, avail themselves of that circumstance,
and will not pay those Debts, or take any other step that Justice requires. Representations
are also made to me of a great number of Cases, in which Agreements have been entered into
for the Sale of Lands, in which, in some of the Cases, the purchasers, and in others, the
Sellers are unwilling to perform their Agreements, and the want of a Jurisdiction in which
these Contracts could be enforced is much felt.

There are also many Instances of people being totally unable to recover their share of
the Effects of Relations who are dead without Will, and great difficulties begin to arise upon
Questions on Wills made here by illiterate people, and there are Cases also, in which Execu-
tors are unable to proceed in their Executorship for want of such a Court.

It has also been represented to me. that Infant Children have been very much injured
after the Death of their Father, by a Second Marriage of the Mother, for want of the Pro-
tection which a Court of this kind would afford them.

To these general Classes of Cases, I have to state to Your Grace that many others are
daily occurring, in which the Parties by Mistake apply to the Court of Kings Bench here for
Relief, and receive for Answer from that Court, that it cannot interfere, and that their
Rights can only be discussed before an eciuitable Tribunal" See Hunter to Portland, No
31 of August 1st, 1801, Canadian Archives, Q. 290. T)t. 1, page 88.

For the Constitution and Jurisdiction of the Court of King's Bench, see page 146.

2. It had been held by the Crown Officers that the Commission of the Governor, by
delivery of the Seal, constituted him Chancellor of the Province. See Canadian Archives.
Q.310, page 31.

3. See the Observations on the Bill, page 298.

296 CANADIAN ARCIJiyES

4 GEORGE v., A. 1914

be instituted and prosecuted in the same Court all such Causes Suits and proceed-
ings and pronounce all such Orders Decrees and Judgements therein and proceed in
all other Matters and Things in such manner and Course as shall be consistent with
the proceedings of the said Court of Chancery of England so far as local Circum-
stances will in the Judgement of the said Court hereby Constituted admit of and
that the said Court of Chancery of Upper Canada shall be holden in such City Town
or place as the Legislative Council and Assembly for the said last mentioned Prov-
ince do now or hereafter shall or may meet in for the Dispatch of Business.

2 — And be it further Enacted by the Authority aforesaid that a Commission
under the Great Seal of the said Province of Upper Canada shall issue to the Judge
whom His said JNIajesty has already by his Sign Manual nominated and appointed^
or to such person or persons as His said Majesty His Heirs or Successors by his or
their Signet or Sign Manual or by any other Ways or Means as to him or them shall
seem meet shall hereafter from Time to Time nominate or appoint to be a Judge of
the said Court hereby Constituted by which Commission such Judge or other person
or persons so nominated or appointed shall be empowered and Authorized in the
Absence of the Chancellor of the said Province from the said Court to sit in Judge-
ment in the same Court and to pronounce all such Orders and Directions in all such
Causes Suits and proceedings as shall or may at any time hereafter be depending in
the said last mentioned Court as Justice may require (save and except only as here-
after mentioned) and all such Ordersi and Directions so to be pronounced as last
aforesaid shall be as valid and effectual as if pronounced by or in the presence of and
by the Authority and with the Approbation of the said Chancellor of the said Prov-
ince and such Judge or other person or persons so to be nominated or appointed as
last aforesaid shall and may exercise all and every the same power and powers
Authority and Authorities as the said Chancellor of the said Province of Upper
Canada could or might exercise if he was personally present in the said Court save
and except that it shall not be competent to such Judge or other person or persons
so to be nominated or appointed to pronounce any final Decree in any Cause which
may he there depending "but in the presence of and hy the Authority and with the
Appfohation of the said Chancellor of the said Province for the Time heing.

3 — And be it further Enacted by the Authority aforesaid that in Case of 1;he
Death Sickness or Absence of the said Judge or other person or persons appointed
or to be nominated or appointed by His said Majesty His Heirs or Successors as
last aforesaid it shall and may be lawful to and for the said Chancellor of the said
Province of Upper Canada to appoint and authorize any One or more of His Majesty's
Justices of his said Court of King's Bench of Upper Canada to sit in Judgement in
the said Court hereby Constituted during such Vacancy by^'Death or during such
Sickness or Absence as aforesaid and such Justice or Justices shall and may pro-
nounce all such Orders and Directions and exercise all and every the same Powers
and Authority as the said Judge or other person or persons so nominated or -to be
nominated by His said Majesty His Heirs or Successors as aforesaid could or might
have done anything herein contained to the Contrary thereof in anywise notwith-
standing.

4 — And be it also Enacted that it shall and may be lawful to and for the Clerk
of the Crown of the said Province of Upper Canada previous to the Appointment of
a Register of the said Court to administer the Oath of Office to the said Chancellor
of the said Province and also to the said Judge so appointed by His said Majesty
as aforesaid.

5 — And be it likewise Enacted by the Authority aforesaid that it shall and may
be lavsrful to and for the said Chancellor of the said Province of Upper Canada to

1. Lieutenant-Governor Hunter had requested that, should the Bill be approved, a man-
damus should be issued appointing Mr. Allcock a Judge of the Court of Chancery.

CONSTITUTIONAL DOCUMENTS 297

SESSIONAL PAPER Mo. 29c

appoint and remove at his pleasure sucli Officers of the said Court hereby Consti-
tuted as he in his Judgement and Discretion shall think necessary and essential to
the due Administration of Justice in the same.-^

6 — And Whereas it will be indispensibly necessary that among other Officers an
Accomfptant General of the -said Court hereby Constituted should be appointed — Be
it therefore further Enacted that from and after the Death or Eemoval of any
Accomptant General of the said Court of Chancery of Upper Canada hereafter to be
appointed all Moniesi and all Mortgages and Sureties Deeds and Writings vested in
him or in his Hands at the Time of his Death or Eemoval in Trust for the Suitors
of the said Court hereby Constituted and all Books of Accompts Papers and Instru-
ments and all other Matters and Things touching or relating to the said Office of
Accomptant General shall vest in the succeeding Accomptant General for the same
Estates and Interests as such former Accomptant General had therein and subject
to the same Trusts without any Assignment or Transfer Wliatsoever and upon such
Death or Removal of the said Accomptant General the Representative or Repre-
sentatives of such Accomptant General so dying or being removed or any person or
persons other than the succeeding Accomptant General shall not intermeddle with
such Monies Effects Deeds Writings Matters or Things but the same and every part
thereof shall be carried to the Aecompt of the succeeding Accomptant General.

7 — Provided always and be it further Enacted that before any Accomptant Gen-
eral shall enter upon the Duties of his said Office he shall enter into such Security
with one or more Surety or Sureties for the due and faithful Discharge of the Duties
of his said Office to such Amount and in such Manner as the said Court hereby con-
stituted shall order and direct.

8 — And be it likewise further enacted by the Authority aforesaid that if any
person or persons shall from and after the passing of this Act Forge or Counterfeit
or procure to be forged or counterfeited or shall willingly act or assist in the forging
or Counterfeiting the Name or Hand of any Accomptant General Register or Clerk
of the Report Office or of any other Officer of the said Court or of any other person
or persons whomsoever to any Order Office Copy Certificate Report Entry or other
Instrument or Writing whatsoever which shall have Reference to any Course Suit
or proceeding of the said Court hereby Constituted or shall utter or tender any such
Order Office Copy Certificate Report Entry or other Instrument or Writing whatso-
ever knowing the same or any Name Hand or Signature thereon appearing to be
forged for and in order to the receiving or obtaining any of the Money or Effects
of the said Suitors of the said Court hereby Constituted every such person and
persons so offending being thereof lawfully Convicted shall be and is hereby declared
and adjudged to be guilty of Felony and shall suffer Death as in Case of Felony
without Benefit of Clergy —

9 — And be it further Enacted by the Authority aforesaid that all Orders Direc-
tions Judgements and Decrees hereafter to be pronounced in the said Court hereby
Constituted Shall he Final in all Cases where the Matter in Controversy shall not
exceed the Sum or Value of Five Hundred Pounds Sterling but in Cases where the
Matter in Question shall relate to the taking or demanding any Annual or other
Rent or any Fee or other such like Demand of a General or public Nature affectin»"
future Rights of what Nature or Amount soever the same may be an Appeal shall
lie from the final Decree of the said Court hereby Constituted to His Majesty in
His Privy Council provided that within One Month from the pronouncing such final
Decree or Judgement proper Security be given by the Appellant or Appellants to the
Satisfaction of the said Chancellor or of the said Judge or other person so appointed
as aforesaid that such Appellant or Appellants will within Twelve Months from the
Date of such Security effectually prosecute his her or their Appeal and Answer to

1- For a list of the officers suggested see page 299.

298 CANADIAN ARCHIVES

' 4 GEORGE v., A. 1914

the Condemnation and also pay such Costs and Damages as shall be awarded by His
Majesty in His Privy Council in Case the said final Decree of the said Court hereby
Constituted shall be affirmed and upon the perfecting of such Security all further
Proceedings upon such final Decree shall cease and be stayed until the final Deter-
mination of such Appeal.

10 — ^Provided also that it shall and may be lawful to and for the said Court of
Chancery of Upper Canada to adopt such practical and other Regulations and to
make such Orders touching all and every or any of the Matters and Things which
can in anywise affect or relate to the proceedings or the Suitors or Officers of the
said Court of Chancery of Upper Canada and from Time to Time to vary Alter or
change such Regulations and Orders as well as all and every or any the Regulations
which have been heretofore made by any Statutes passed in the Parliament of Great
Britain or any Order made by the said Court of Chancery of England touching or
in any wise relating to or affecting the Suitors or Officers or the practice or proceed-
ings of the said Court of Chancery of England as in the Judgement of the said
Court hereby Constituted local Circumstances may require or as to such Court shall
seem Meet and most conducive to the due Administration of Justice.

11 — And be it further Enacted that in time of actual War or where there may
be Reason to suspect an Invasion of the Province from The Kings Enemies it shall
and may be lawful for the Governor Lieutenant Governor or person Administring
the Government by and with the Advice and Consent of the Executive Council to
issue his Proclamation to remove the place of holding the said Court hereby consti-
tuted and to appoint and make known such other place within the Limits of the
Province as shall be deemed most safe and Convenient for holding the same.
Endorsed: — Draught of Bill for the Establishing a Court of Chancery in Upper
Canada.
Li Lieut. Governor Hunter's (No. 31) of 1^* August 1801.

OBSERVATIONS ON A BILL ERECTING A COURT OF CHANCERY IN

UPPER CANADA.!

Observations on the Bill proposed to be passed for Erecting a
Court of Chancery and Detail of the practice intended to be
adopted.
With respect to the Powers this Bill would give to the Court, it is submitted
that from the nature of the Case, considering that the Country is new, that almost
innumerable Circumstances will and must inevitably arise, which cannot be foreseen
or provided for specifically, unless the Powers are so extended by general Terms, as
to arm the Court with a competent Authority to adopt such Regulations as the
Various Occasions, when they respectively arise may call for, the proceedings would
soon be at a Stand. This Object has been attempted to be attained, by reference to
the Powers judicially exercised by the Chancellor of England, which it has been con-
ceived, will confer the necessary Authority and at the same time the Term judicially
will confine the Powers of the Chancellor of Upper Canada, to the Decision of Causes
and proceedings depending in the Court, either in the Equitable Jurisdiction or the
Petty Bag.

As to the Powers of the Judge, who is to sit with the Chancellor, or in his
Absence without him, it was found difficult, and in the Comprehension of the Author
of this Bill, impossible to specify them in any other Way, than by Reference to the
Powers of the Chancellor here, with Restriction upon the Judge, that he should not

1. From the copy in the Canadian Archives, Q. 290, pt. 1, page 107. Certain parts of
the text seem to indicate that the observations are by the author of the Bill, Mr. Justice
Allcock.

CONSTITUTIGXAL uUCi'Ji]-:\TS 299

SESSIONAL PAPER No. 29c

make any Decree but such as the Chancellor approved and that it should only be
pronounced when the Chancellor sat in Court.

In this way of conferring that Power, it will stand nearly as it does at home,
■when a Judge sits for the Chancellor, with the difference only that the Judge here
cannot make any Decree, by which it was imagined, that the Principle, which has
generally been pursued in The Kings Colonies will be preserved, (Viz) that the Gov-
ernor is the Chancellor,^ and the only Character who can finally decide upon the
Eights of Parties resorting to the Court, and at the same time, would relieve the
Governor from the necessity of giving his personal Attendance every time the Court
must necessarily sit, which might be much oftener than the many other Duties which
occupy so much of his Time and Attention could possibly admit of.

As to all that part of the Bill, which relates to the Office of Accomptant General,
it has been taken from the English Statute regulating that Office.

The Eight of Appeal is made conformable to the Governors Instructions upon
that Head, and the tenth Clause of the Bill was added to the whole, with the view of
enabling the Court to Vary the Practice here in such Cases as has' been regulated by
English Statutes, and Eules and Orders of the Court of Chancery in England, where
they cannot be pursued here, such as inserting advertisements in the London Gazette,
giving Notices upon the Eoyal Exchange, in Parish Churches &c &c. These are the
general Objects' the Bill has had in View, but the Author of it, after his best Labors,
is very far from feeling in any degree confident, that it is what it ought to be, but
he has this great Satisfaction that, before it passes into a Law, it may undergo the
Inspection and Consideration of those, whose very superior Learning and Experience
will enable them to correct, what may be found wrong in it, and to add that which,
from want of a better knowledge of the Subject has escaped his Attention.

As to the Officers proposed to be appointed, and the Practice intended to be
adopted —

Two Masters, an Accomptant General, Two Clerks in Chancery — One Examiner,
One Eegister, a Serjeant at Arms and the Chancellor's Secretary, are the Officers
proposed to be appointed if the Court should be established —

These are Eight in Number — Before the Seven Years War, it seems, the Prov-
ince of New York had a Court of Equity with this same Establishment, and with
less, it is submitted, the proceedings could not be carried on.

There is already here a Master in Chancery, attendant on the Legislative Council,
a Serjeant at Arms, the Eeceiver General of the Province might be the Accomptant
General, and the Secretary of the Province might be the Chancellors Secretary.

These Officers are all to act without Salary, and be compensated by Pees to be
taken from the Parties, whose Causes are prosecuted in the Court. As to the Fees,
it is conceived, that the general Powers the Bill would confer, would enable the
Chancellor to ascertain a Fee Table, and make an Order of the Court authorizing the
Officers to demand those Fees, and the Costs altogether will be kept within very
moderate Bounds. They may be either ascertained under Your Graces Directions at
home, or a Fee Table may be made out under the Authority of the Chancellor here,
and made an Order of the Court.

In drawing out these Costs, the probable Amount and Value of the Subject
Matters which may in general be depending in the Court, ^ and the Ability of the
Parties to pay those Costs, have been attended to. Eegard has also been had to the
Bill of Costs now allowed in the Court of King's Bench here. The Chancery Costs
have been put a little higher than the Kings Bench Costs here, but as they stand, if
the Costs in Equity in England are referred to, it will be found, that those Costs are
when compared with those very inconsiderable indeed.

1. See page 295, note 2.

300 CANADIA}^ ARCHIVES

4 GEORGE v., A. 1914

As to the Practice — Where the English Practice can be pursued, it will altogether
be followed — and when it cannot, the best attention will be exerted to preserve, as
much as possible, the principles of the Court of Chancery at home.

It is proposed, that the Solicitors of the Court here, should make all the Office
Copies, and carry them to the Officer to be marked, so also that they should make
out all the Processes of the Court, and carry them in the same way, for otherwise the
Court could not proceed without a greater number of Officers than it is proposed to
appoint. If in the progress of the Business, it should be found indispensibly neces-
sary, to add another Officer or two for inrolling the proceedings &c. it is intended to
appoint one or more of those same persons before named, to discharge those Duties,
in which Care will be taken, that the One Office shall not be incompatible with the
other.

This material Object will also be attended to, that neither the Parties or the
Practicers shall find it possible to protract Suits, so as to create Dissatisfaction in
the Country on that Head, which can be effected only, it is conceived, by dismissing
the Suit for want of Prosecution, after a shorter Lapse of Time from the last pro-
ceeding, than is practiced at home, and by attending to the two Masters Offices and
preventing every unnecessary Delay there.

* «•* * * * -x- * s'tt

Endorsed:— In Lieut-Governor Hunter's (No. 31) of 1^^ August 1801.

ORDER IN COUNCIL RESPECTING A COURT OF CHANCERY FOR

UPPER CANADA.!

At the Court op S^ James's.
the 2#^ of March 1802.
L.S.

Present.
The King's most Excellent Majesty
in Council.
Whereas thei'e was this Day read at the Board a Report from the Right Honour-
able the Lords of the Committee of Council appointed for the Consideration of all
Matters relating to Trade and Foreign Plantations, dated the 16*^^ Instant, in the
words following viz*^.

" Your Majesty having been pleased, by Your Order in Council of the 28*'*
" October last, to refer unto this Committee a Letter from the Right Honourable
" Lord Hobart,- One of Your Majesty's Principal Secretaries of State, to the Lord
" President of the Council, in the words following, viz*.

" My Lord,

" I have the Honour of transmitting for Your Grace's Consideration, a Copy
" of a Letter from Lieutenant General Hunter, Lieutenant Governor of Upper Canada,
" with the Draft of a Bill for the Establishing of a Court of Chancery in that Prov-
" ince, together with a paper containing Observations thereupon.

1. From the copy in the Canadian Archives, Q. 293, page 155.

2. Lord Hobart, later the Earl of Buckinohamshire, was born in 1760. He entered the
army in 1776 and served in the American War In 1784, he was appointed aide-de-camp and
five years later Secretary to the Lord Lieutenant of Ireland. In 1787, he was elected to the
Irish Parliament and soon became one of its prominent members. From 1788 to 1794 he held
a seat in the English Parliament. From 179.3 to 1798 he was Governor otf Madras. With the
advent of the Addington Administration in 1801 control of Colonial Affairs was placed under
the War Department and Lord Hobart became Secretary for War and the Colonies. For a
brief period in 1805 he served in Pitt's Administration and from February 1806 to May 1807,
he was joint Postmaster in the Ministry of " All the Talents." From 1812 until his death
in 1816 he was President of the Board of Control for Indian Affairs in the Liverpool Ministry.

CONSTITUTIONAL DOCUMENTS 301

SESSIONAL PAPER No. 29c

" The Lords of the Committee in Obedience to Your Majesty's said Order of
" Reference, this Day took the said Draught of Bill, together with the Letter from
" Lieutenant General Hunter, and also the paper of Observations referred to in Lord
" Hobart's said Letter, into their Consideration, and do agree humbly to report as
" their Opinion to Your Majesty, That the Institution of an Office of Judge of the
" Court of Chancery, distinct from the Chancellor, is a matter of so novel a nature
" as not to be adopted but on very serious consideration.

" That the Governor of the Province of Upper Canada (for the time being) by
" his Commission, and the Powers incident to his Office is already vested with Suffi-
" cient Authority to exercise an Equity Jurisdiction to the full Extent pointed out
"in Lieutenant Governor Hunter's Letter;^ And the Lords of the Committee are of
" Opinion that the Right Honourable Lord Hobart should signify Your Majesty's
" Pleasure to the Governor of Upper Canada for the Time being, to call for the
" Assistance of any of Your Majesty's Judges or Law Officers of the Province, to
" whom he may deem it proper to apply, in framing Regulations and Forms for the
" Conduct of the Business and the Mode of Proceeding in a Court of Chancery," And
" That it will be also proper that the said Governor for the time being, with the like
" Assistance, should frame a Table of Fees to be payable on the different Proceedings
"of the said Court, and on the Instruments issuing therefrom; and that such Table
" of Fees should be submitted to Your Majesty for Your Royal Approbation."

His Majesty having taken the said Report into Consideration, was pleased, with
the Advice of Hi& Privy Council, to approve thereof, and to order, as it is hereby
ordered, That the Right Honourable Lord Hobart, One of His Majesty's Principal
Secretaries of State, do receive His Majesty's Pleasure for writing to the Governor
of the said Province of Upper Canada accordingly.^

STEPH. COTTRELL.

Endorsed : — Order in Council.

March 2#'^ 1802
Court of Chancery in Upper Canada.
Copy sent to Gen^. Hunter 9^^ April 1802.

RIGHT OF THE CROWN TO NOMINATE PUBLIC OFFICERS.^

Journal of the Legislative Assembly.

Friday, 20th April, 180^.

Mr. Berthelot reported, that the managers on the part of this House, had been at
the further conference desired by the Legislative Council, on the subject of their
amendment to the Bill, intituled, " An Act for appointing Commissioners to treat
" with Commissioners appointed or to be appointed by the Province of Upper-Canada,

1. The commission to the Governor- in-Chief empowered him, on the advice of the Exe-
cutive Council, " to erect. Constitute and appoint such Court or Courts of Judicature or
Public Justice within our said Provinces as you and they shall think fit and necessary for
the hearing and determining of all Causes as well Criminal as Civil according to Law and
Equity." See page 11.

2. During the next several years the attention of the Home authorities was repeatedlv
directed to the importance of establishing a separate Court of Chancery. (See the Canadi in
Archives Q 299, page 140, Q. 305, page 113, Q. 310, page 31.) In 1807, the question again came
before the Privy Council. By an order of August 2nd the Council reaffirmed the position
taken in 1802, but in addition gave its approval to a table of fees payable on the different pro-
ceedings of the Court of Chancery. (See the Canadian Archives, Q. 310, page 235.) Nothing
however, was accomplished until 1837, when by the Provincial Statute 7, William IV, Cap. II,
a Court of Chancery was constituted.

8. From the Journals of th House of Assembly of Lower Canada, 1804, page 392.

302 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

" for the purposes therein mentioned ;"^ and had received from the managers on
behalf of the Legislative Council, reasons in writing for not insisting on the amend-
ment disagreed unto by this House; and he delivered' the aeid reasons in at the
Clerk's Table, where they were read, and are as follows j

" The Legislative LJouncil is perfectly aware that there are instances m which
it is conformable to Parliamentary usuage, to name in the Bill, the persons who are
to carry it into execution^: But it cannot assent to the proposition that every instance
in which such a practice occurs, is to be considered as a proof that the House
nominating has an exclusive privilege for that purpose: still less can it admit that
the House of Commons in England, has any such a privilege in every case in which
Revenue is concerned. If that had been the case, the Officers of the Treasury, the
Exchequer, the Customs, the Excise and every other Branch of the Public Income,
would from all time have been appointed by the House of Commons. It is the peculiar
felicity of the British Constitution, that no material part of it stands upon the ground
of usage only: whenever a practice not indifferent in itself has the sanction) of pre-
scription, it invariably has at the same time the sanction of reason and principle."

" Under this head, the Legislative Council conceives that, as there is no principle
of the Constitution more wise, so there is none more general than that the right of
nomination to every situation of honor, profit or trust, is vested in the Crown. The
Houses of Parliament have generally speaking no patronage whatever. They do not
even nominate their own Servants, and but one of them has a right to elect its
Speaker ; nor is it possible to read their History without having frequent occasion to
remark how uniformly each has disclaimed every thing of the kind for itself, and
refused it to the other. It may in short be laid down as a rule as general as any that
relate to human transactions, that by the principles of the Constitution, the inferior
Branches of the Legislature cannot nominate to any situation whatever in the detail
of Government, but in cases in which it would be a solecism to leave the nomination
to the Crown. On the subject of Revenue perhaps it is not too much to say, that the
instance of appointing persons to enquire into the expenditure of public money, or
the application of a public Fund, is the only one in which either House can Constitu-
tionally claim a right of nomination or approbation."

•' But whatever may be the case, when the two inferior Branches of the Legis-
lature are granting monjey to the irresponsable Sovereign, and providing against
the misapplication of it by his responsible Ministers, the Legislative Council is of
opinion that the instance now before the two Houses, is of a very different description,
and to be governed by intirely different rules. The present Bill is neither for the pur-
pose of granting supplies, nor of enquiring into the manner in which former grants
have been expended. The object of it is wholly diplomatic : it is for 'the purpose of
instituting a Negociation with a Country which has indeed the same Sovereign with
ourselves, but enjoys a Legislature wholly independent of us. The result of that

1. The Bill after reciting the purpose of the measure enacted continued, "that the
Honourable James McGill and John Lees, John Richardson, Joseph Papineau, Joseph Peri-
nault, Maurice Biondeau, Louis Greg, fils, and Samuel Gerrard, Esquires, shall be and they
are hereby constituted and appointed Commissioners on the part of this Province, who or
any three of which are authorized and empowered to meet, treat, consult and agree with such
Commissioners as are or may be appointed on the part of the Province of Upper Canada."
This section the Legislative Council amended po as to read " that it shall and may be lawful
to and for the Governor, Lieutenant-Governor, or person administering the Government of
this Province for the time being, to nominate and appoint, under the Great Seal of this
Province, such and so many persons as he shall think proper, not exceeding seven, nor less
than three, to be Commissioners on the part of the Province to treat with Commissioners,
appointed or to be appointed on the part of the Province of Upper Canada." See the
Journalx of Assembhj, 1804, page 310.

2. The first reason assigned by the Assembly for rejecting the amendment otf the
Council was that " Because, in objects of the same nature of that of which the Bill is in-
tended to provide, having relation to revenue only, it is conformable to Parliamentary usage,
to name Commissioners in Bills sent from the Commons. See the Journals of the Legislative
Assembly, 1804, page 330.

CONSTITUTIONAL DOCUMENTS 303

SESSIONAL PAPER No. 29c

negociation will be not a grant of Revenue or regulations for the application of Rev-
enue, but a Treaty establishing the principles on which two independent IJegislatures
shall, during a given period, exercise their several rights of raising Revenue, so as
not to throw unnecessary or impolitic obstacles in tie way of the Commerce and In-
dustry of each other, or of the Mother Country."

" For this reason and without stopping to enquire how far, by the principles of
the Constitution, an Act of the Legislature is necessary to enable His Majesty to
treat with his own Subjects, the Legislative Council cannot but think that as the
King, in all negotiations with external powers is the Representative of the Nation,
the King alone has the right of selecting the persons to whom the exercise of so import-
ant a trust is to be delegated. In negociating with powers which are in the conmaon
acceptation of the term. Foreign, this right has never been disputed: and the recent
instances of the Commercial Treaty with France and the Treaty of Amity and Com-
merce with the United States of America, distinctly shew that he wants no authority
from the other Branches of the Legislature, to be able to bind them, even in matters of
Revenue, The Canadas tho' subject to the same Sovereign are in respect of their Leg-
islatures as independent of each other as France and the United States are of Great-
Britain; and if a precedent be wanted, of two independent Legislatures under the
same Sovereign the illustrious one of the Union between England and Scotland, is
directly in point, and shews that the Crown in such a case has the sole nomination
of those who are to conduct the Treaty, even tho' Revenue be one of the Subjects of
it."

" With respect to the second head,^ on whicih the Assembly rests its claim to the
right of nominating the Commissioners who are to carry the present Bill into execu-
tion, the Legislative Council cannot admit that a period of eleven years" is sufBcient
to dis-possess the Crown of the most important of its prerogatives and to vest it by
prescription in the Assembly. The exercise of it by the Assembly during that period,
proves nothing but the ease with which, at the introduction of a new System we may
be misled by Analogies, v^^hich, when carefully examined, are found to afford infer-
ences diametrically the reverse of those which we expected from them."

" The Legislative Council has thus detailed the reasons of the amendment it has
offered, because it conceives that the exclusive right of the Crown to nominate to
every situation of honor, profit or trust, is one of the corner stones of the Constitution,
and because it trusts that on reflection, the Assembly will see that it cannot encroach
on the prerogative without eventual ruin to itself."

"With a view however of giving to the Assembly an unequivocal mark of its
desire to act on all occasions in harmony with it, and of the high opinion it entertains
of the individuals whom the Assembly has selected, the Legislative Council withdraws
its am.endment. But it begs to be understood to do so, for this time only, and with
a right of which it will assuredly avail itself, on every future occasion, of renewing
and insisting on the present objection."

1. The Assembly's second reason for reiecting the amendment of the Council was that
"Because this mode having been adopted for the same purpose in fourseveral Acts of the
Lesrislature of this Province, in three successive Parliaments, and the objects proposed there-
by having been attained in a satisfnctory manner and without inconveniency, the Assembly
doth not deem it expedient or necessary to deviate therefrom on the present occasion." See
the Journals of the Legislative Assembly, 1804, page 330.

2. Acts similar to this and for the same purpose had been passed in 1793, 1796, 1798 and
1800.

304 CANADIAN'' ARCHIVES

4 GEORGE v., A. 1914

THE CROWN AND THE ROMAN CATHOLIC CHXJRCH.^

Report of a Cox^ersatiox between Attorney General Sewell^ and Monseigneur

Plessis.^

To His Excellency Sir Robert Shore
Millies, Baronet, Lieutenant Governor
of the Province of Lower Canada,
&« &<= &<=
May it please Your Excellency,

In obedience to your commands, I have the honor to report to your Excellency
the conversation which passed yesterday between the Reverend M' Plessis, Titular
Roman Catholic Bishop of Canathe & myself, upon the present State of the Church
of Rome. With the exception of some few remarks upon indifferent Subjects, our
dialogue was as followjs.

Plessis. I have lately spoken to the Governor respecting the present situation
of our Church, & he has referred me to you on the Subject.

Attorney Gen^ The Governor ha3 given me permission to explain my own
private Sentiments on the Subject to you; what I think you may ask, & I will
answer candidly. But before I state what I have to say, let me observe that the
object is of the last importance to your Church, & (I admit also) important to the
Government. — It is highly necessary for you to have the means of protecting your
Church, To the Government to have a good under*taniding with the Ministers of a
Church which it li'*s acknowledged by the Quebec Act, & at the same time essential
to have them vinder its controul. — Let me also remark that the Government having per-
mitted the free Exercise of the Roman Catholic Religion ought, I think, to avow
its officers, but not however at the Expence of the King's Rigihts or of the Estab-
lyshed Church. You cannot expect nor ever obtain) any thing that is inconsistent
with the rights of the Crown, nor can the Government ever allow to you what it
denies to the Church of England.

Plessis. Your position may be correct. The Governor thinks the Bishop should
act under the King's Commission, & I see no objection to it.

Attorney Qen^ My principle is this, I would not interfere with you in concerns
purely Spiritual, but in all that is temporal or mixed I would subject you to the
King's authority. There are difficulties, I know, on both sides; on one hand, the
Crown will never consent to your emancipation from its power, nor will it ever give
you more than the rights of the Church of England, which has grown with the Con-
stitution, & whose power, restrained as it is, is highly serviceable to the general
interests of the State; on the other hand, your Bishop will be loth to abandon what
he conceives to be his right, I mean particularly, the nomination to Cures; Yet that
he must do so, for no such power is vested in the Bishops of England, & if per-
mitted would be highly dangerous.*

1. From the copy in the Canadian Archives, Q. 97, page 175. This report is also pub-
lished in Mr. Christie's History of Lower Canada, Vol. VI, page 74.

2. See page 269, note 2.

3. Mgr. Joseph Octave Plessis, at this time the Coadjutor to the Bishop of Quebec was
born at Montreal in 1763. He was educated at the Seminary of St. Sulpice at Montreal and
at the Seminary of Quebec. He was chosen to perform the duties of Secretary of the Diocese
of Quebec in 1783, and three years later was admitted to the priesthood. In 1792, he was
appointed curd of Quebec, and in 1797 was selected as Coadjutor to Bishop Denaut. Tho
attack on Rome and the imprisonment of Pope Pius VI. delayed his appointment as titular
Bishop and it was not \intil April 1800, that he officially became Coadjutor of Quebec and
Bishop of Canathe. On the death of Mgr. Denaut in 1806, Mgr. Plessis succeeded to the
office of Bishop of Quebec. He was appointed to the Legislative Council of Lower Canada in
1818, and in his patent officially recognized as the Bishop of the Roman Catholic Church of
Quebec. In this connection, it was stipulated, however, that Mgr. Plessis' successors shouW
not assume the title until their right to it had been recognized by His Majesty in ecne
formal instrument. Bishop Plessis died at Quebec, December 4th, 1825.

4. See Article 44 of the Instructions to Lord Dorchester, page 24.

COXSTITCTWKAL DOCUMENTS 305

SESSIONAL PAPER No. 29c

Pl&ssis. You said conceives to be his rigiht, why so.

Attorney Gen^ The Statute of the 1^*^ of Eliz. cap. 1. made for the dominions
which the Grown then had or might thereafter acquire explains what I mean. But
I shall not conceal my opinion, it is that the Bishop has no power, and I shall be
happy to shew you the grounds of this opinion at a future day, should any thing
arise out of this Conversation.

Plessis. — I know the 1^*^ of Eliz. but I confess I did not know that it was
extended to the Dominions which tJie Crown might thereafter acquire.

Attorney Gen^ It certainly is — It was made at the time when England had
most reason to be dissatisfied with the Roman Catholic Religion, immediately after
the death of Mary: — it provided for the emancipation of all English subjects from
the papal power in all times & places.

Plessis. Had Mary followed the advice of Cardinal Pole, the Statuts never
would have been passed: she would not then have disgraced herself & her religion
by her cruelties.

Attorney Gen^ Whether he influenced her or not, Mary's conduct tended to
establish the reformation most firmly, & happily to blend the Church & State of
England as they are at present.

Plessis. How are (Cures) Rectors appointed in England?

Attorney Gen^ Wliere the King is patron, & he is of all livings not in the pos-
session of individuals, by title, he presents to the Bishop, who, if there be no legal
cause of refusal inducts the Clerk presented. — If there be cause, he certifies that
cause to the King, & if the King is satisfied he presents another, but if not a Writ
issues to the Bishop requiring him to certify his cause of refusal into the King's
Courts, who try the merits of the refusal & declare it good or bad according to law, —
on this footing I would place your Church.

Plessis. The King then would become the Collator to every Benefice. The
King of France was to Consistorial Offices, but not to Cnres.

Attorney Gen^ He was to many Cures, but not to all, because many of his Sub-
jects, lay as well as ecclesiastical characters, were the Patrons.

Plessis. The Bishop ought not to be obliged to certify his cause of refusal. In
Prance, where the Patron was a layman, he was bound to present five Clerks succes-
sively before the Bishop was obliged to give any reason for refusing them. When
the Sixth was presented, he was bound to assign the cause of his refusal. If the
Patron was an Ecclesiastic, he shewed cause oni the presentation of the third.

Attorney Gen^ Neither of these rules extended to the King. — I think I can
shew you that to your satisfaction. It would not be decent to refuse the presenta-
tion of the Sovereign, without cause, nor ought a Bishop ever to be ashamed of
assigning the reason of his refusal in any case.

Plessis. Presentation by the Crown agrees with the tenets of the Church of
England but not with ours. — It would be against our spiritual duty. Bishops in
Prance have alwajo presented to the livings in their dioceses: — in the late concordat
between the Sovereign Pontiff & Bonaparte, their right to present is recognized.

Attorney Gen^ As to Bonaparte & the Pope I will say nothing, — except that the
former (thank God) is no example to us. But I formally deny that it is contrary to
your tenets to receive a presentation from the Crown. — It was the daily practice in
Prance with respect not only to the Crown but even of private patrons of all descrip-
tions. I am no Catholic, but my professional duty has led me to weigh well this
objection according to your own principles. My answer is very short. — The Bishop
ordains in the first instance, which qualifies the character for the living; — the Prelate
<fc not the Grown makes the Priest: The Crown selects only from your own Priest-
hood the person whom it thinks fit for the Appointment, and if there be no cause of
refusal the Bishop invests him with every thing necessary to enable him to perform
the functions of his Cure. — The reciprocal selection of the person by the Bishop in

29c— 20

306 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

the first instance for the Priesthood & of the Crown for the living in the second
instance preserves a just balance between both.

Plessis. In our Church some orders qualify the individual to say Mass, others
to confess, others for more. —

Attorney Gen^ I begi leave to interrupt you. When the Crown presents a person
not admitted to orders sufficient for the appointment to which he is nominated, the
Bishop has legal cause to refuse.

Plessis. If the King presents in all cases, the Bishop will never have the means
of advancing a faithful pastor.

Atty Gen} The Bishop once acknowledged as the head of his department will be
that in fact. — You know the attention that ever has been & ever will be paid to the
heads of departments in our Government. The Bishop's representation to the Gov-
ernor in such a case would secure the promotion of the person he wished to promote.

Plessis. Your Bishop has certainly greater power. — The Gazette lately informed
us that he had presented M'' Rudd to a living at William Henry.

Atty Gen'' The Gazette is certainly the King's Paper, & its contents generally
to be relied on, & that in this instance is the case. M"^ Rudd has been appointed to
William Henry, but it was the Governor, & not the Bishop, who presented him. Be
assured that all livings in the Church of England in this Province are in the Kind's
gift.

Plessis. Governors do not always pay attention to the recommendations which
they receive. — I remember M' Chief Justice Osgoode complained heavily, that M'
PeiTault had been appointed Prothonotaiy of the King's Bench, contrary to his
recommendation.

AtpJ G&n'' M' Osgoode's complaint confii-ms what I say. — The conduct observed
towards him was an exception to a general rule, & therefore he complained.''-

Plessis. Our gieneral Church Government is aristocratic, but the Government of
a Bishop in his diocese is monarchical. He has the power of enacting Befjlemens
which must be obeyed. You will not probably admit this position.

Atty Gen} The power of a Bishop extends to enforcing by his Reglemens the
general principles of Government adopted by the Church. He cannot legislate, he
can only enforce obedience to what is already enacted, — to the Canons & to the
Municipal laws of the Country.

Plessis That is true, but our Canons are different, materially different from
your's.

Atty Gen^ I cannot admit that. It was enacted in the Reign of our Henry the
8*'^ that the Canons then in force & not repugnant to the principles of the reforma-
tion should continue in force mitil a review of them should be made, which never
has been accomplished, so that the Church of England is now governed by the
Cantons in force prior to the reformation, which form the greater & most essential
part of the Canons which govern the Church of Rome.

Plessis. You state incorrectly; — your Church for instance does not acknowledge
the Canons enacted by the Council of Trent.

Atty Gen^ The Galilean Church certainly does not.

Plessis. Yet tlie Canons of the Council of Trent certainly were in force in
Prance.

Atty Gen^ Yes, the greater part, but that was because the Kings of France
enacted them in their Ordinances. On this head, you cannot suffer, for those
Ordinances are at this moment component parts of the Municipal law of Canada.

Plessis. I once saw in the hands of M' Ryland (the Governor's Secretary) the
King's Instructions, in which it is said that no priest shall be removed from his

1, In Mr. Christie's edition of this document a footnote is here added containing a
remark by Mr. Ryland to this effect. "Not correct; the appointment is entirely with th&
Governor." Christie, Vol. VI, page 77.

CONSTITUTIONAL DOCUMENTS 307

SESSIONAL PAPER No. 29c

Cure, unless he lias been previously convicted, in some of His Majesty's Courts, of
felony.-^ There may bo many instances, in which a priest ought to be removed, who
has not been guilty of felony. The difficulties would be less if the Bishop had a
jurisdiction over his Clergiy, an " officialite," which, perhaps, never would be granted.

Atiy Geri^ I have already requested you to understand that in all I say I speak
my own private Sentiments & no more. With this remark, I have no hesitation to
say that the Government ought in policy to give the Bishop a Jurisdiction over his
Clergy, subject always to the controuling power of the King's Bench, & to the opera-
tion of the Writs of Prohibition & Appeal. The Courts of the Bishops in England
are subject to the King's Bench.'

Plessh. If the Writ of Pi'ohibition is similar to the " Appel comme d'Abus "
in Trance, not a shadow of authority will remain to the Bishop. Every Act of a
Bishop was ultimately held in France an abuse of his authority & constantly set
aside in the Parliaments.

Atty Gen^ The Writ of Prohibition is very differenft from tlie "Appel comme
d'Abus." By that all questions were re-examined, as well in fact as in law. The
Writ of Prohibition is a prerogative Writ issued out of the King's Bench to prevent
the ecclesiastical & other inferior courts from proceeding in causes instituted before
them in which they have no Jurisdiction or in which they proceed contrary to law.
To what the Court of Ajjpeal should lie is a subject for consideration.

Plessis. You know that all Cures at present are removable at the pleasure of
the Bishop. In the first establishment of this Colony it was otherwise, but after-
wards upon the erection of the Seminary of Quebec, Monseigneur De la Val got it
fixed as it is at present.^ If the King presents, the Cure ought to be removeable at
the Bishop's pleasure.

AtPJ Gen} I think very different. The spirit of the Colonial Institution grants
every Office during pleasure nominally, but that pleasure is well known to continue
during good behaviour, & a rector in England is removeable only for misconduct.
It seems expedient to me, that a Cure should know his parishioners well & consider
himself as fixed among them. In times of difficulty a Cure long resident with his
flock can guide them better than a new comer. Mutual confidence is not the result
of a short & transitory acquaintance: & without that nothing; effectual can be done by
the pastor, at such a moment. I will tell you also frankly that Cures dependent upon
the will of the Bishop would be little subject to the controul of Government. If this
was the case, the situation of the Cure would not be enviable, nor could you expect
that the better class of people would educate their Sons for the Church. Your
Court of the Bishop would be perfectly unnecessary, & the presentation of the Crown
an idle ceremony, if the Bishop could afterwards remove when he pleased.

Plessis. The situation of a Cure under such restriction would be better, then,
than the situation of the Bishops of Canada at present. Eor myself, I have enough,
I am in a Cure which gives me all I want, but Bishop Denaud* is in poverty, hold-
ing a living & acting as a parish priest, in direct contradiction to the Canons.

1. Section 7 of Article 44 of the Instructions to Lord Dorchester declares that incum-
bents shall hold their beneficrs " durin<; their good Bcliaviour subject, however, in case of
any conviction for Criminal Offences, or upon dne Proof of seditious Attempts to disturb the
Peace and tranquility of Orr Government to be deprived or suspended by you.'' See papfe
25. Mr. Ryl^nd, in a footnote quoted by Mr. Christie, states " I have no recollection what-
ever of Mr. P's ever having seen the King's instructions in my hands. Nor, indeed, js there
such nn instruction as that here mentioned." Christie, Vol. VI, page 78.

2. The text given by Mr. Christie is slightly different here. It reads, "subject

to the oneration of the writ of Prohibition, and an Appeal, to which the Courts of the
Bishops in England are subject."

3. S69 page 389 and 398.

4. See page 394, note 1.

29e— 20J

308 CANADIA^^ ARCHITES

4 GEORGE v., A. 1914

Attv Gen^ My mind upon that Subject is completely made up. The Govern-
ment recognizes your religion, & making its officers officers of the Crown, should
provide for them as for all others. The Bishop should have enough to enable him to
live in a splendor suited to his rank, & the coadjutor a Salary in proportion.

Plessis. I do not wish to see the Bishop in splendor, but I wish to see him
above want. — ^I do not wish to see him in the Legislative or Executive Council, but
as an Ecclesiastic only, entitled to the rank which is due to him in Society.

Atty Gen} When I said splendor, I qualified the expression, by calling it " a
splendor suited to his rank." I mean by that, that his income should be that of a
Gentleman & equal to a proper expenditure. There is in fact no such thing as
splendor in Canada.

Plessis. "We mean the same thing. But there is a great delicacy in this matter.
If the Bishop was pensioned & relinquished the right of nominating the Cures, the
public would not hesitate to say that he had sold bis Church.

Atty Gen^ To stop the public clamour is an useless attempt. If matters of
state were to be staid for fear of popular abuse, Goverruuent would be able to do
but very little; the Governed but seldom approve. In our instance, if the matter is
viewed as it ought to be viewed, the world must be satisfied that, instead of relinquish-
ing a right you have in fact none to relinquish, you abandooi the shadow & receive
the substance: surely, this is a sufficient answer to any vulgar declamation against a
Bishop who makes terms highly advantageous to his Church & must be satisfactory
to himself.

Plessis. I don't know, it is his affair.

Attv Gev} There is one idea which I wish to suggest. If you ever mean to fix
the officers of your Church upon any footing, this is the moment. The present
Lieu* Governor is a gentleman of most liberal principles, he has been long enough in
the Country to know all that relates to it, is well disposed to serve you, & is on the
point of going to England where this matter must be settled.^

Plessis. I am well aware of all this. — Whatever is to be done must be done now.

Atty Gen^ If I say what I ought not to say, you will excuse me, but I feel con-
vinced that if you forego this opportunity, it will never return. It is your interest
to avail yourself of the present moment, & make the best terms you can.

Plessis, You cannot say any thing which can either hurt or offend me. — I con-
sider this as a free conversation on both sides, for effecting a very important object,
which, without an unreserved communication, can never be effected. —

Att^ Gen^ I will not take up any more of your time at this moment.^

Plessis. I am much obliged by the time you have bestowed on me. — Something
must be done, & tho' we may differ in the detail, I think we shall not in the out-
line, and if we do differ we must be temperate, & in that case we shall ultimately
agr*?e. — I am, however, but a Subordinate Officer, I must first write to the Bishop,
& when I know his Sentiments I will wait upoa you.

Atty Gen'' Do so, but pray keep in mind what I have said, that you never can
obtain anything inconsistent with the prerogatives of the Crown, nor at all events
any right that a Bishop of the Church of England does not possess.

1. Sir Eobert Shore Milnes left Caaada early in Auprust, 1805.

2. A second discussion between ilgr. Plessis and the Attorney General took place on
May 2l5t, but nothing: material iras added to the arguments brought out in the first conve"-
eation. For a report of this second discussion see Q. 97, page 188.

CONSTITUTIOKAL DOClUIEyTS 309

SESSIONAL PAPER No. 29c

All wliicli is most respectfully submitted by.

Sir,

Your Excellency's
Most obedient &

Most humble Servant

J SEWELL

Atty General
Lower Canada.
Quebec 26 April) E S M

1805 (
Endorsed: First Eeport of the
Attorney General
B
In L* Gov'^ Milnes's

N° 28
to the Earl Camden

PETITIONS FKOM THE EASTEEN TOWNSHIPS EOE EEPEESENTATION,

1805.

Minutes of the Executive Council.^

Wednesday 31^* July 1805

At the Council Chamber in the Castle of S'. Lewis

Present

His Excellency Sir Eobert S. Milnes Bar^ Lieut'. Governor
The Lord Bishop of Quebec
HonbP Frangois Baby
Thomas Dunn
John Lees

Antoine Juchereau Duchesnay
John Young!
Jenkin Williams

John Craigie & i

Pierre Louis Panet Esq".

His Excellency then laid before the Board the Tenth and Eleventh Eeports of
the Special Committee of the Executive Council on State affairs," together with the
Eeport of the Committee of the whole Council thereon.^

Approved and Ordered to be Entered. —

1. From the original Minutes in State Book D, Lower Canada, page 474.

2. Early in 1805, Sir Robert Shore Milnes obtained leave of absence on condition of his
health requiring it. The prospect of his leaving the government made it necessary that all
business before the Executive Council should be determined with as little delay as possible.
Accordingly on the 18th of February. His Excellency was pleased to appoint the Lord Bishop
of Quebec, Mr. Baby, Mr. McGill, Mr. Young and Mr. Craigie, or any three of them, to
be a special Committee for examining into and reporting on all matters under Reference,
preparatory to the final Report of the Committee of the whole Council thereon. See
the Minutes of the Executive Council, State Book D, Lower Canada, page 391.

3. The report of the Committee of the whole Council consisted simply in a statement
of concurrence with the report of the special committee.

310 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

(Tenth Report of the Special Committee)

Council Chamber Quebec

Friday 26*'^ July 1805

At a meeting of the Special Committee on State Ajffairs

Present

HoHibl® M''. Young in the chair

The Lord Bishop of Quebec

M'. Baby & M^ Craigie

The Committee resumed the consideration of Your Excellency's order of refer-
ence on the Memorial and Petition of certain Inhabitants of the following Townships,
now settling on the Tenure of Free and common Soccage: Viz'^

Stanstead, Ilatley, Barnston, Hereford, Gompton, Ascott, Orford, Eaton, New-
port, Brompton, Stoke, Westhury, Melbourne, Windsor, Dudswell, and Shipton, with
an accompanying separate Petition from Persons in three of these: Several Points
in these Petitions, appearing to the committee to require a legal opinion on the
objects thereof, were submitted to the Attorney General — and his Repoii; thereon
accompanies the present.^ —

These two Petitions consist of Eight Articles, praying for specific objects, and
stating reasons for these applications. —

P^ The Petitioners pray, that one or more Counties may be erected in that part
of the Province covered by these Townships, with the Privilege of returning members
to represent them in the House of Assembly. —

2^. That the Boundary lines between the District of Three Rivers, and the other
two Districts of Quebec and Montreal may be accurately run in the Field and known
Boundaries established. —

3*^. That Circuit Courts be granted to them for the trial of Causes not exceed-
ing Twenty Pounds. —

4*. That the existing- Road act, being inapplicable to their Situation & circum-
stances, may be modified, so as the Inhabitants of each Township may make choice
annually of Persons amongst themselves, to lay out the necessary Public and bye-
Roads, open and repair them, and build and uphold Bridges, with the Right of oblig-
ing each proprietor of Land — (crown & church lots excepted) to contribute towards
the same. —

5*^, That ofiices may be established in each County for the enregistration of all
deeds of Sale, of acts, transferring or encumberiaiigi or in any way afFecting the
Rights to real property. —

6*^**. That a Custom House and port of Entry be established on the Line between
the United States and this Province, or the Duties payable by Law, rescinded in
their favor, for a certain period. —

T*'*. That a Protestant clergy be established and reside amongst them. —

8'''^. That Magistrates be appointed, as their population shall require, and the Mili-
tia organised by the appointment of ofiicers. —

The committee in reporting to Your Excellency their opinion on these different
objects, have in the first place to observe. That the situation of the Petitioners is in
the opinion of the Committee such as to claim in a peculiar rtianner the attention &
regard of His Majesty's Government. Settled since the Constitutional Act of the 31^
of the King on the Waste Lands of the Crown under a different Tenure from that
t>'hich then generally obtained in other parts of the Province of Lower Canada — no
legislative provision has hitherto been made for their local circumstances, and for

1. For the Report of the Attorney-General see pag« 312.

CONSTITUTIONAL DOCUMENTS 311

SESSIONAL PAPER No. 29c

their Wants, whicli are dissimilar to those of His Majesty's other Subjects in. the
Province, and as such cannot be expected to be equally considered or attended to by
the Eepresentative Body. — Under this view of the case. The Special Committee are
induced humbly to submit whether in order to obtain for this class of His Majesty's
Subjects such relief in the premises as the Circumstances render necessary or expedi-
ent, it might not be advisable. His Majesty's Eepresentative should be authorised by
His Majesty s ]\!inister3, and instructed to recommend in stronsr Terms to the Legis-
lature of the Province, the passing such Law or Laws on the subject as may be need-
ful to secure to ihe Petitioners and others situated as they are, the full and free
enjoyment of their property and civil Rights, in as far as may be consistent with,
and without injuring the Rights: of His Majesty's other Canadian Subjects. —

The objects which, in the opinion of the Committee most immediately and pecu-
liarly claim Legislative Provision, are;

1^^ ' The enabling the Petitioners and other settlers of the Waste Lands of the
Crovr-n to elect and return Members to serve in assembly.' — This class of x>ersons
did not exist and therefore could not be considered when a Division of the Province
for the purpose of election of Members to serve in assembly, was made by Proclama-
tion in 1792.^ And it seems reasonable and constitutional that they should now be
authorised by Law to exercise this Privilege in proportion to their numbers and pro-
perty.—

2diy, ' The fixing the Boundaries of the respective Districts of the Courts of Jus-
tice so as that the same may with certainty be known and at .all times ascertained.' —
The Committee are humbly of opinion that this measure is essentially necessary, and
may best be affected by fixing by a Law, the Boundaries of the Districts, to correspond
with such of the Limits of Townships as auay be found adjoining to the present
Boundaries of those Districts. —

gdiy_ i ^]yQ Establishment of Circuit Courts.' — These appear to be much w.anted
from the local position of the Petitioners, remot-e from the places where the courts of
Justice are now held. — Altho' His Majesty by His Prerogative may erect courts of
Justice wherever he shall judge proper," yet the Committee are of opinion that it may
be advisable to form these Courts, as are .all the others in this Province, by act of the
Legislature. —

4th^ I Provision for making and repairing the Public High Ways & Roads.' — The
position of these new Settlements, the mode of allotment of the Lands, the Tenure, and
the RcBerves in the Townships, all contribute to render the present Road Act of the
Province, utterly inapplicable to the Situation of the Petitioners, a different provi-
sion in this respect therefore appears indispensably necessary. —

5*'\ ' Offices for the enregistration of Deeds.' — The want of some establishment
of this nature is already most sensibly felt, and appears urgently to require Legisla-
tive Provision. — On these two last objects it may not be improper to cite as an
example the legislative provision made in respect thereof in the Province of Upper
Canada,^ where the Tenui'e of the Lands and situation of the people are nearly the
sam.e as those of the Petitioners. —

The three other objects contained in the prayer of the Petitioners may in the
opinion of the Committee be provided for without the intervention of the Legislature. —

^^^. Of these the Sixth object — ■ The establishment of a new port of Entry, at or
near the Lines or the relinquishment of Duties on Imports from the United States
for a certain time.' — Although the committee are of opinion that all intercourse
between the American States and this Province for the Importation of Goods, ought
in policy to be discouraged and restrained, the situation of the new Settlers in that

1. For the Proclamation see pa?e 72.

2. See the Commission of Lord Dorchester, page 11.

3. Registry offices had been established in Upper Canada in 1795. See the Provincial
Statute, 35 Geo. Ill, Chap. V.

312 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

part of the Province (many of whom come from the United States, bringing in with
them property and effects, and having at present from the want of Eoads & communi-
cation with the other parts of the Province, no other means of supplying themselves with
the goods & articles they stand in need of) appear to be such as to require for a time
at least, that opportunity be offered for their doing under the sanction of Law, what
must in all probability otherwise take place without it, at the risk of Seizure of the
Goods or Articles so introduced. — The committee are therefore of opinion that for
this purpose it may be expedient that a port of Entry be established chiefly with a
view of accommodation to the new Settlers in that Quarter, under such Regulations
as to Your Excellency may seem best suited to the circumstances of the case, &
agreeably to the powers vested by Law in the Governor and council. —

7^'^. The Seventh object — ' The establishment of a Protestant clergy to reside in
these new Settlements ' — is undoubtedly of the very first importance.— Although a very
long time will probably elapse before the Lands reserved as a provision for the main-
tenance of a Protestant clergy will be sufficiently productive to maintain clergymen
in the different Townships — The Committee are happy to find from the infonnation of
the Lord Bishop of Quebec, that means actually exist through the Bounty of Govern-
ment of placing one clergyman in thisi neighbourhood, whenever the Settlers shall
shew themselves disposed to do what may be reasonably expected on their part, by en-
gaging to build a decent place for divine Worship — a suitable residence for the
clergyman — and to contribute towards his Support in as far as their faculties will per-
mit: and presmning to rely upon the well known bounty of Government for the fur-
ther promotion of so essential an object. The committee are humbly of opinion that
the Petitioners might be apprized that such Settlers in the Townships as may come
forward in a proper manner with suitable proposals as above stated, may look with
confidence for a speedy attention to their Wants. —

8*^. On the Eighth Object — ' The appointment of Magistrates and organization
of the Militia.' — The Committee have only to observe that these objects appear to be
worthy of that attention which they are assured they will receive from Your Excel-
lency as soon. & as far as the circumstances will permit.^ —

All which is nevertheless submitted to Your Excellency's Wisdom. —

By order

(Signed) JOHN YOUNG

Chairman.

Report of the Attorney General.^
To the Honorable the Committee of the Executive Council, &^ &*

Gentlemen,

In obedience to the reference made by your order & communicated to me in a
letter from the Honb^® J. Young, of the 2'^'^ of April last, directing me to report my
Opinion upon the subject matters of the 1^* 3'^'^ 5^^ & 8*^^ Articles of the Memorial of
the Inhabitants of the Townships of Stanstead, Hatley &° dated the 6'^^ of March
last, and presented by their Agents Oliver Barker, Jesse Pennoyer, & Charles Hyatt,
to His Excellency the Lieu* Governor, I have attentively considered the questions
which these Articles suggest, & have now the honor of submitting my sentiments
upon them to your consideration,

1. With reference to this point. Sir Eobert Milnes reported that since the memorial
was presented the Militia- of the To-wnships had been organized and officers appointed under
the command of Sir John Johnson to whom a commission as colonel had been given. See
Milnes to Camden, August 1st. 1805. Caiiadiau Archives, 0.98. page 109.

2. From the copy in the Canadian Archives, Q. 98, page 123.

COXSriTlTIONAL DOCl\UEyTS 3I3.

SESSIONAL PAPER No. 29c

I presume that my Opinion is required as to the legal means by which the objects
pointed out by the Memorial may be attained & no more, and to these I shall there-
fore confine myself, abstaining from all enquiry into the expediency of the measures
proposed which by His Excellency's reference I humbly conceive is submitted exclu-
sively to the Superior wisdom of the Committee.

Under this supposition, the questions which are offered to my consideration
appear to me to be the following.

pt gy ^bat authority can new Counties be erected in this Province?

2ndiy Qan the Inhabitants of the new Townships enjoy the privilege of sending
Members to the Provincial Parliament? and by what authority can this privilege be
granted to them?

3"*^y Can they have the benefit of a Circuit Court within the limits of their
respective Townships? and by what authority can these benefits be granted to them?

^thiy Can they have the benefit of an Ofiice for the registry of Deeds? and by
what authority can this benefit be granted to them?

5thiy "V^at ig the legal course to supply the want of Magistrates & subordinate
Officers of Justice in Criminal Cases?

Upon the ficrst Question, by what Authority can new Counties be erected in this
Province ?

By the fourteenth Section of the Act 31^' Geo III.^ C. 31. passed in the Parliament
of Great Britain, it was enacted, " That for the purpose of electing the Members of
" Assemblies (in the Provinces of Upper & Lower Canada) it shall and may be lawful
" for His Majesty, his Heirs, or Successors, by an Instrument under his or their Sign
" Manual to authorize the Governor &° to issue a Proclamation dividing such Provinces
" into Districts, or Counties, or Circles, or Towns, or Townships, & appointing the
"limits thereof, & declaring and appointing the number of representatives to 'be
" chosen by each of such Districts or Counties, or Circles, or Towns, or Townships
" respectively," and that such division of the said Provinces into Districts, or Counties,
or Circles, & Towns, or Townships &P shall be valid and effectual to all the purposes
of this Act, unless it shall at any time be otherwise provided by any Act of the Legis-
lative Council & Assembly of the Province, assented to by His Majesty, his Heirs, or
Successors.

Under this Authority, by a Proclamation issued by His Excellency General
Clarke, on the 7^^ May 1792,' the Province of Lower Canada was divided into Counties,
so distinctly, that a bare perusal of the Proclamation evinces that there is no part
of the Province which is not included within the limits of one or other of the Coun-
ties;— And the limits of every County being thus fijxed by An Act of the Parliament
of Great Britain, I am of opinion that they cannot now be changed without An Act of
the Imperial Parliament, or an Act of the Provincial Parliament under the Proviso
above cited.^

Upon the second Question, Can the Inhabitants of the new Townships enjoy the
privilege of sending members to the Provincial Parliament? & by what Authority can
this privilege be granted to them ?

To be represented in the Provincial Parliament appears to be the great object
of the Subscribers to the Memorial before me.

In that part of it which prays that new Counties may be established, they appear
to solicit the creation of new Counties, in the expectation that Members would im-
mediately be summoned of course to the House of Assembly from each of them. And
this, as I have stated, without the Authority of an Act of Parliament cannot be done.

I am however, of opinion that His Majesty may, by Letters Patent erect aiiy of

1. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 698.

2. See pajre 72.

3. See the opinion of Sir James Craig on this point, page 396, and also of Sir Yicary
Gibb-:, pnge 406.

314 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

the new Townships into Boroughs or Cities, & give them power to elect, and send
Members to the Provincial Parliament — This was formerly done in Ireland & " upon
"' doubt conceived whether that form had sufficiently enabled the new Boroughs to
'' send Burghesses, it was referred to all the Judges, and it was resolved by them all,
' but two, that it was sufficient." And I do not conceive that such a proceeding here
would in any way militate with the Letter or spirit of the 31. Geo. III. C. 31. for that
Act does not limit the number of representatives to be summoned by His Majesty to
the House of Assembly ; it only declares that they shall not be less than fifty, which is
the number at present; nor do I conceive that the division of the Province into
Counties, or the erection of the Cities of Quebec and Montreal, or the erection of the
Boroughs of Three Rivers & William Henry, by the Proclamation of the 1^^ May
1792 — can in any way affect the question. The former has indeed (as I have already
explained) fixed the number of County Members & the latter has also fixed the number
to be returned from the Cities of Quebec & Montreal, and from the two Boroughs of
Three Rivers & William Henry. But this in my Apprehension is their entire effect.
Upon the Third Question,

Can they have the benefits of a Circuit Court within the limits of their respective
Townships? and what Authority is competent to grant them these Benefits?

By the Provincial Statute 34. Geo. III. C. 6^ the whole Province was divided into
Three Districts, a Court of King's Bench appointed for each, & a particular Circuit
prescribed for the Judges of each Court in their respective Districts. It is, there-
fore clear, that without the Authority of a new Act, neither the limits of the Dis-
tricts, nor the powers of the Judges, with respect to Circuits, can be enlarged. At
the same time, I beg leave to cite the following Section of the Act 14 Geo: III. C.
83.2

" And be it further Enacted by the Authority aforesaid, that nothing herein con-
'* tained shall extend, or be construed to extend to prevent or hinder His Majesty, his
" heirs, or Successors, by his or their Letters Patent under the Great Seal of Great
" Britain! from erecting, constituting, and appointing such Courts of Criminal, Civil,
" & Ecclesiastical Jurisdiction within and for the said Province, and appointing from
** time to time the Judges and Officers thereof, as His Majesty, his heirs, & Successors
" shall think necessary and proper for the circumstances of the said Province."

Eor I am of opinion that under this Clause or rather by the Royal Prerogative
(of which this Clause is merely declaratory, & which the Provincial Act 34 Geo : III.
c. 6. or Judicature Act has by no means affected) His Majesty, by Letters Patent
under the Great Seal of Great Britain, may erect as many Courts in the new Town-
ships as in his Wisdom he may see fit, & grant to them a concurrent Jurisdiction
v\'ith the King's Bench for the administration of the Law of this Province, in aU
causes to the extent of 40/. ten Pounds or more.

Upon the fourth Question,

Can they have the benefit of an Office for the registry of Deeds? and by what
authority can it be granted to them?

It is very certain that they may have the benefit of an Office for the registry of
j)eeds — whenever it shall please the Provincial Legislature to pass an Act for this
purpose. But I am clearly of opinion that nothing short of An Act of the Legislature
can grant it to them.

Upon the fifth Question,

What is the legal course to supply the defect of Magistrates and subordinate
Officers of Justice in Criminal Cases?

Every new Country experiences the want of Magistrates, nor can this defect be

1. S-e page 125.

2. The Quebec Act. See Consttiuttonal Documents, 1759-1791, Shortt and Doughty, 1907,
page 405,

CONSTITUTIONAL DOCUMENTS 315

SESSIONAL PAPER No. 29c

supplied until the improved state of their Society furnishes a sufficient number of per-
sons qualified by Education for this important trust.

If they have at present a sufficient number of persons Vv-ho are qualified, a new
Commission of the Peace may issue & is the legal course to supply this want. The
subordinate Officers of Justice may be furnished by the appointment of Captains and
other inferior Officers of Militia, who under the Ord*^® 27 Geo : III. C. 6.^ are all Peace
Officers: and where there are no Militia Officers the Magistrate may address his War-
rant to any Individual by name, who, in consequence thereof, becomes a Peace Officer
pro hac vice.

All which is, nevertheless most respectfully submitted by &''.

J. SEWELL

Atto''. General —
Quebec 10 May ' E.S.M.

1805
Endorsed. (B)

Copy

The Attorney General's Opinion for the Honb^® Committee of the Execu^^ Coun-
cil, upon several Articles of the Memorial from the Inhabits of Stanstead, Hatley &•=.

Dated 10*^^ May 1805.
In L*. Governor Milaes's
N°. 31.
To the Earl Camden

PROCLAMATION" CONFERRING THE GOVERNMENT OE LOWER CANADA

ON MR. DIINN.2

By His Excellexcy Sir Robert Shore Milnes, Baronet, Lieutenant Governor of
THE Province op Lower Canada &c^ &c* &c^.

Whereas Our Sovereign Lord the King, by Certain Letters Patent Under the
Great Seal of Great Britain, bearing date At Westminster, the Fifteenth day of
December, in the Thirty Seventh Year of His Reign,'' hath been pleased to declare,
that in Case of the death, absence, removal or suspension of the Governor and of the
Lieutenant Governor of this His Province of Lower Canada, the Oldest Member of
the Executive Council of the Said Province, being a Natural born Subject of Great
Britain or of Ireland, or of the Colonies and Plantations, Professing the Protestant
Religion, and residing within the Said Province, Shall take Upon him the Administra-
tion and Government of the Said Province and Shall Execute His Majesty's Com-
mission of Governor of the Said Province, his Instructions thereon and the Sevei'al
Powers and Authorities therein Contained, to All Intents and Purposes, as Others,
His Majesty's Governors, Lieutenant Governors and Persons administering the
Government of His Majesty during such Absence and Until the further pleasure of
His Majesty Shall be Known therein.

And Whereas His Excellency Robert Prescott Esquire, Governor of the Said
Province is Now by the Royal Permission Absent from this Province, And His
Majesty hath been most Graciously pleased Also to permit me the Said Sir Robert
Shore Milnes to Absent myself from the Said Province.

Therefore I have thought fit by and with the Advice of His Majesty's Executive
Council of and for the Said Province, to make Known by this Proclamation, the Will

1. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 505.

2. From the original in the Canadian Archives, Sundry Papers, Lower Canada, 1805.

3. The commission to General Prescott of this date is in the same terms as Lord Dor-
chester's commission, page 5. On this point see page 12.

316 CANADJAX ARCHIVES

4 GEORGE v., A. 1914

and Pleasure of His Majesty in the Premisses, Unto All whom it doth or shall in any-
wise Concern.

And That by reason of the Absence of His Excellency Robert Prescott Esquire,
and of Me the Said Sir Robert Shore Milnes, from the Said Province, The Adminis'
tration of the Government of the Said Province, from and After the departure of
me the Said Sir Robert Shore Milnes from the Said Province, will devolve upon the
Honourable Thomas Dunn Esquire/ — He the Said Thomas Dunn being the Oldest
Member of His Majesty's Executive Council of and for the Said Province of Lowei
Canada Who iS A Natural born Subject of Great Britain, Professing the Protestant
Religion. — And that He the Said Thomas Dunn, Under and by Virtue of the afore-
said Letters Patent will thenceforth take Upon him the Administration of the Gov-
ernment of this Province and Execute His Majesty's Commission of Governor of the
Said Province and the Royal Instructions thereon and the Several Powers and Authori-
ties therein Contained to all intents and purposes as Other His Majesty's Governors,
Lieutenant Governors Or Persons Administering the Government during the Absence
of His Excellency Robert Prescott Esquire and of me the Said Sir Robert Shore
Milnes from the Said Province, and Until His Majesty's further pleasure in the
Premisses Shall be Known.

Of all which the Officers of His Majesty's Government and All Others His
Majesty's Subjects in this Province And Generally All whom the Premisses shall or
may in Any Wise Concerni, Are hereby required to take Notice and govern them-
selves Accordingly.

Given under my Hand and Seal at Arms at the Castle of Saint Lewis in the
City of Quebec the Thirty first-day of July in the Forty fifth year of His
Majesty^s Reign.

By His Excellency's Command, ROB^ S MILNES

Nath Taylor

Dy Secy

AN ACT RESPECTING THE TRIAL OF CONTROVERTED ELECTIONS, ^^

UPPER CANADA.^ |

IN THE FORTY-FIFTH YEAR OF GEORGE THE THIRD.

GEORGE THE THIRD. •

CHAP. Ill

An Act to Regulate the Trial of Controverted Elections, or Returns
of Memhers to serve in the House of Assemhly.

[Passed 2d March, 1805.

Preamble. Whereas the present mode of decision in this Province, upon

Petitions complaining of undue Elections, or Returns of Members
to serve in the Parliament thereof, is defective, for want of thosa.

, ^ ^

1. See page 14, note 5.

2. From The Statutes of Eis Majesty's Province of Upper Canada in North America,
York. 1805. The proceedings in the trial of a contested election under this Act may be
found on page 416. The provisions of this Act were repealed by the Statute of 4 Geo. IV,
Cap. IV. The Statute of Lower Canada relating to the same subject is given at page 332.

COXSTITTTIOXAL DOCL'MEyTS 317

SESSIONAL PAPER No. 29c

sanctions and solemnities which are established by Law in othei
trials, and is attended with many inconveniences'/

For remedy thereof, be it enacted by the King's most excellent
Majesty, by and with the advice, and consent o£ the Legislative
Council, and Assembly, of the Province of Upper Canada, consti-
tuted and assembled, by virtue of, and under the authority of an
Act, passed in the Parliament of Great Britain, intituled, " An Act
"to repeal certain parts of an Act, passed in the fourteenth
" year of his Majesty's reign, intituled, " An Act to make more
" effectual provision for the Government of the Province of Quebec,
" in North America, and to make further provision for the Govern-
"ment of the said Province," and by the authority of the same,
That every petition, complaining of an undue Election, or return On complaints of
of a Member, or Members, to serve in the House of Assembly, shall undue election, a
contain the grounds and reason of complaint, and in case the House j^^ considerino-
of Assembly, shall think such grounds and reasons (if true) sufii- thereof,
cient to make the election void, a day and hour shall, by the said
House be appointed, for taking the same into consideration, and
notice thereof, in writing, shall be forthwith given by the Speaker,
to the petitioners, and the sitting Member, or Members, or their
respective agents, accompanied with an order to them to attend the
House at the time appointed, either in person, or by their counsel
or agents.

n. Provided always, That no such petition shall be taken into Time of taking
consideration within fourteen days after the same shall have been consideration,
first read in the House by the Clerk, unless by consent of parties.

ni. And le it further Enacted hy the Authority aforesaid, Manner of taking
m. ^ • . 1 /• 1 • T • • . . , the said petition

inat at the time appointed lor taking such petition into considera- i^to considera-
tion, and after reading the order of the day for that purpose, the tiou.
House shall be cleared, and the Members thereof (excepting the
Member or Members whose election shall be contested) with the
Speaker, shall be sworn at the Table, well and truly to try the
matter of the petition referred to them, and a true judgment give,
according to the evidence; the Speaker shall then take the Chair,
the doors shall be opened, and the petitioners, their counsel, or
agent shall attend.

IV. And he it further Enacted hy the Authority aforesaid. Method of
That the witnesses for the petitioners shall be ordered by the ^y^itnes^es for the
Speaker to retire without the House, and the petitioners, their petitioner,
counsel, or agent, sball call them in one by one, for examination,
and each and every witness, as aforesaid, shall be sworn at the Bar
of the House, and the names of the witnesses, for either party,
shall be given in to the Clerk of the House, before they are sworn.

1. The petition against the election of Henry Allcock for the East
Riding of the Counties of York and the Counties of Durham and Simcoe
in 1*01, led the Legislative Assembly to consider the regulations for the
trial of contested elections. Two rules were then adopted, — 1st that all
petitions complaining of undue elections should be referred to a Committee
of the Whole House. 2nd, that the House do appoint the time for hearing
the petitions and that the Speaker do give notice of the time to the Parties.
In considering this petition the Assembly decided that witnesses should be
heard without being sworn and that the evidence of the petitioners in a case
should be received. (See the Journals of the Legislative Assembly of Upper
Canada for June 3rd and 10th.) During the succeeding four years no cases
arose so that the procedure prior to this Act remained as in 1801.

318

CANADIAN ARCHIVES

Method of
examiniiiig

witnesses

for the sitting

meniTDer.

Sittinor member
not allowed to
vote in course
of the trial.

No memiber to
vote who has not
attended during
the whole of the
trial.

Persons piweariiic
faJsely, shall
incur the
penalties of
perjury.

4 GEORGE v., A. 1914

V. And he it further Enacted hy the Authority aforesaid.
That after the witnesses for tlie petitioners shall have been fully
examined, the sitting Member, or Members, shall be requested by
the Speaker, to make a defence, and the witnesses for the said
sitting" Member, or Members, shall be ordered to retire, shall be
separately called in for examination, and shall be sworn in mannei
aforesaid; provided nevertheless, That whenever any Member of
the House shall be a witness for either party, he shall not be obliged
to retire, as aforesaid; but he ^hall be sworn in his place.

VI. And he it further Enacted hy the Authority aforesaid,
That the said sitting Membei-, or Members, whose election shall
be contested, as aforesaid, shall not be allowed to vote upon any
question, which shall arise in the course of tlie trial, or upon the
determination thereof.

VII. Provided always, That no such determination as afore-
said, shall be made, nor any question be proposed, unless there be
a quorum of the House; and no Member shall have a vote on such
determination, or any other question, or resolution, who has not
attended during the whole of the trial.

VIII. And he it further Enacted hy the Authority aforesaid,
That the oaths by this Act directed to be taken, shall be adminis-
tered by the Clerk of the House, and that any person who shall
be guilty of wilful and corrupt perjury, in any evidence, which he
shall give before the House, in consequence of the oath, which he
shall have taken by the direction of this Act, shall, on conviction
thereof, incur, and suffer the like pains and penalties, to which any
other person convicted of wilful and corrupt perjury is liable, by
the Laws and Statutes of this Province.

GRANT TO CASTLEREAGH.i

No. 14. York, Upper Canada

14*1^ March 1806.
My Lord,

It will be necessary for me to submit a short statement of the Revenue of this
Province, for the better understanding the purport of an address of the House of
Assembly and the Schedule of accounts to which it refers, with my answer thereto,
which I have now the honor to transmit to your Lordship.

The Revenue of this Province arises in piart from certain Duties, which previous
to the eighteenth year of His Majesty's Reign, had been imposed on the Province oi
Quebec by the authority of the British Parliament — and partly from Taxes and Duties
imposed by the Legislature of this Province, together with an eighth part of the
Duties laid on Goods imported into Lower Canada (under the authority of it's Legis-
lature) by virtue of an agreement between the two Provinces."

1. From the copy in the Canadian Archives, Q. 304, pagje 10.

Robert Ste-^art, Viscount Castlereagh, was born in 1769. His early political activities
were centered in Ireland where, as chief secretary, he was largely instrumental in securing
the passage of the Union Bill. From the union until his death in 1822 he held a seat in
the Imperial Parliament. His services were of value to the Addington Ministry and in 1802
he was appointed President of the Board of Control for East India with a seat in the cabinet.
He continued to hold this seat in Pitt's Administration and in July, 1805, in addition was
made Secretary of State for the War and Colonial Department.

2. The agreement which fixed on an eighth as the share otf Upper Canada of the duties
imposed by Lower Canada was originally formed in February, 1795. A new agreement was
reached in 1797, but the division of the duties remained the same. This arrangement was
continued by agreements of 1801 and 1805 and confirmed by special legislation in each
province.

CONSTITUTIONAL DOCUMENTS 319

SESSIONAL PAPER No. 29c

From the Establishment of this Province, to the year 1803, the Taxes and Duties
imposed by its Legislature, together with the eighth part of the Duties abovemen-
tioned, amounting to about Three thousand Pounds annually, were considered as
solely at the disposal of the Parliament of this Province, and were, for the greater
part, from year to year, appropriated by it for specific purposes within the same, the
Eesidue of such Taxes and Duties remaining in the hands of the Eeceiver General,
subject to future appropriations by the same authority.

In the year 1803, by direction of Lieutenant Governor Hunter, accounts of a
nature similar to those stated in the beforenientioned Schedule^ (being expences inci-
dental to the administration of Justice and the Civil Government of the Province)
were charged against and paid out of the above Residue in the hands of the Receiver
General, without any appropriation by the Legislature of this Province for that
purpose.

Por two years, such charges were laid before that Legislature, and no complaint
was made for the want of Parliamentary appropriation of the abovementioned Resi-
due, so applied; When the Administration of the Government of this Province
devolved on me, confiding in the Judgment and Ability of Lieutenant Governor Hun-
ter, I did not feel myself at Liberty, in my Temporary situation, to discontinue what
he had authorized.

In what manner the House of Assembly considered this matter at the last Session
of the Legislature, the address snfficiently indicates; the answer given by me to that
address, was, to the best of my Judgment, suited to the occasioni.

The Language of that address is intemperate, especially when the Bounty of
Great Britain to this Province is taken into consideration : But I should be sorry, if
Your Lordship supposed, that the Members of the House of Assembly for the gi-eat-er
part are inimical to the measures of Government, they wish to do what is right, but
sequestered from the World, and some of them not having had the benefit of a Liberal
Education, they are ready to be too easily influenced by the persuasion of others, who,
by their means, endeavor to perplex, if not to distress, the Administration of the
Government of this Province.

I must however, respecting the subject of the address, candidly confess, and sin'ce
the prorogation of the Legislature I have taken every means to be informed, that I
cannot discover any authority by which the Governor, Lieutenant Governor, or per-
son administering the Government, possesses the power of appropriating to specific
purposes any part of the Revenue raised for this Province by the Acts of it's Legis-
lature, without the assent of that Legislature to such appropriation.

I therefore cannot help offering it to your Lordship, after the best consideration
that I am able to give this subject, as my opinion, that matters should be put on the
same footing as they were, from the Establishment of the Province to the year 1803,
and that the Items of expenditure charged in the year 1805, mentioned in the address
of the House of Assembly, and stated in the Schedule should be withdrawn as charges
against the Taxes and Duties imposed by Provincial authority; this would give com-
plete satisfaction, and I have little doubt, but that in such case, as in Lower Canada,^
the Legislature would appropriate a sum, according to it's abilities, for the support
of the Civil Government of this Province, out of the Revenue which is raised by its
authority: I make this observation with the greater confidence, as One hundred
Pounds Currency has last session of the Legislature been appropriated out of the
Revenue for the payment of the Salaries due to the Sheriffs of the Eastern and West-
ern Districts of this Province, which Salaries were not, nor ever had been, charged
against that Revenue in the Public accounts.

!• For tie schedule see the Canadian Archives, Q. 304, pa<2;e 17.

2. See the Provincial Statute of Lower Canada, .35 Geo. Ill, Chap. IX, an Act providing-
for the charges of the Administration of Justice and for the support of Civil Government
within the Province.

320 CANADIAN ARCHIVE.^

4 GEORGE v., A. 1914

I will, so soon as they can be prepared, transmit to your Lordship, the acts passed
in the last Session of this Legislature —
I have the Honor to be,

My Lord,
With every sentiment of obedience and Eespect,
Your Lordships,
Most Obedient and Most Humble Servant

ALEXr. GKANT^

President
Administering the Province of Upper Canada.

The Eight Honble Lord Viscount Castlereagh

One of His Majesty's Principal Secretaries of State.

Endorsed :— Upper Canada 14"' March 1806.

M' President Grant

No. 14.
E/9 July.

ADDEESS OE THE LEGISLATIVE ASSEMBLY TO PEESIDENT GEANT.^'

To His Honor Alexander Grant Esquire President
Administering the Government of the Province of
Upper Canada &c, &c, &c.

May it please your Honor,

We His Majesty's most dutiful and loyal Subjects the Commons of Upper Canada
in Parliament assembled, have, conformably to our early assurance to your Honor,
taken into consideration the Public Accounts of the Province; and have, on a due
investigation of the same, to represent to you that the first and most constitutional
privilege of the Commons has been violated in the application of Monies, out of the
Provincial Treasury to various purposes, without the Assent of Parliament or a Vote
of the Commons House of Assembly.

To comment on this departure from constituted authority and fiscal establish-
ment, must be more than painful to all, who appreciate tJie advantages of our happy
Constitution); and who wish their continuance to the latest posterity: but however
studious we may be to refrain from stricture — we cannot suppress the mixed emotion
of our relative condition — we feel it as the Eepresentatives of a free people — we lament
it as the Subjects of a beneficent Sovereign and we hope that you in your relation
to both will more than SjTnpathize in so extraordinary an occurrence.

We beg leave to annex hereto a Schedule of the monies so misapplied, amount-
ing to Six hundred and seventeen pounds thirteen shillings and seven pence and that
you will not only order, this sum to be replaced in the Provincial Treasury, but will
also direct, that no monies be issued thereout in future, without the Assent of Parlia-
ment or a Vote of the Commons House of Assembly.

Commons House of Assembly the first day of |
Mai\-h One thousand eight hundred and Six — (

(Signed) ALEX^. M^DONELL, Speaker

1. See page 34. note 3.

2. From the original address in the Canadian Archives, Legislative Addresses and
Mes-ages, Upper Canada.

CONSTITUTIONAL DOCUMENTS 321

SESSIONAL PAPER No. 29c

REPLY OF PRESIDENT GRANT TO THE ADDRESS OF THE LEGISLATIVE

ASSEMBLY.^

Gentlemen of the Commons House of Assembly. —

I learn with Regret from your Address of the 1^*^ March, that a Degree of Dis-
satisfaction prevails ini the Commons House of Assembly, with resi)ect to the applica-
tion of a Sum of Money, Stated to amount to Six hundred and Seventeen Pounds,
thirteen Shilling^s and. Sevenpence. At the time of my Accession to the Administra-
tion of the Government, I found that various Items, similar to those in the Schedule
accompanying your Address, had been charged against the Provincial Revenue and
acquiesced in for two years preceding, and I directed the usual Mode to be followed
in making up the Accounts which I ordered to be laid before you during the present
Session. The ]\roney in Question has been undoubtedly applied to Purposes useful
and Necessary for the general Concerns of the Province. As I am however desirous
to give eveiy reasonable Satisfaction to the House of Assembly, I shall direct the
Matter to be immediately investigated, and if there has been Error in Stating the
Accounts, take Measures to have it corrected ; and obviated for the Time to come.

(Signed) ALEXANDER GRANT,
President.
York, Upper Canada^
3^ March 1806.

OPINION OF THE ATTORNEY AND SOLICITOR GENERAL ON THE
ADDRESS OF THE LEGISLATIVE ASSE^IBLY.-

Lineoln's Inn.

May 12'^ 180Y.
Copy for L*^ Gov'' Gore.
June

My Lord

We had the Honour to receive your Lordship's Letter dated the 6'^ of May 1807'"
transmitting to us a Copy of a Letter dated Tapper Canada the l-t"' of March 1806*
from the President of the Council then holding the Civil Administration of that
Colony, containing an Address from the Assembly" upon the subject of certain monies
which had been appropriated out of the Provincial Revenue by order of the Lieutenant
Governor — and also enclosing a Memorandum'^ lately drawn up in London by M''
Justice Powell in explanation of the Proceedings to which the Address refers.

And stating thait the Revenue of the Province arises partly from certain duties
which previously to the 18"^ year of His Majesty had been imposed on the Province
of Quebec by the Authority of the British Parliament subject to be applied to the
purposes therein mentioned, by Warrant from the Lords Commissioners of the Treas-
ury and the residue reserved for the future disposition of Parliament.

1. From a contemporary copy in the Canadian Arcliives, Legislative Addresses & Messages,
Upper Canada.

The reply of President Grant was referred to a Committee of the Whole House. The
committee reported having passed a resolution but the Assembly, on the vote of the Speaker,
refiised to receive the report. Parliament was prorogued on the same day so that no oppor-
tunity was given for further consideration of the address.

2. From the copy in the Canadian .Archives, Q. 310, page 152. A copy of this opinion
was transmitted to Lieutenant-Governor Gore on June 19th, 1807. See page 330.

3. This letter as at Q. 310, page 149. •

4. See page 318. '

5. See page 320.

ۥ For the memorandum see the Canadian Archives, Q. 301, page 22.
29c— 21

322 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

Aiid also containing an Extract from the Canada Act of the 31^*^ of the King Cap.
31. Sect: 46 & 47.

And stating further that under this clause it was conceived hj the House of
Assembly of Upper Carnada, that no money arising from the said Duties could be
issued, for the purposes of Government, in this Province, except under a previous
appropriation, and that the residue of all monies lying in the hands of the Receiver
General, being the Produce of the said Duties, must be in the Custody of the said
Receiver till Authority were given by the Legislature for him to issue it, or any part
of it.

That in Opposition to this Conistruction of the said Act by the House of Assembly
of Upper Canada, it was contended that when the produce of any Taxes were granted
to the Crown, the said produce was disposeable by the Crown or its Representative for
the purposes of the Province, subject to the subsequent revision and approbation of
the House of Assembly, except as to such part of the produce of the said Duties as
had been particularly appropriated by the Legislature — And requiring us to take the
subject into consideration and report to Your Lordship for his Majesty's information
what directions it may be proper to furnish to the Lieutenant Governor upon the
point in question.

We have accordingly taken the same into consideration, and whatever Opinion
might have been entertained on this Subject, had it been left open to general reason-
ing, we think that in the present case the question is decided by the explicit Terms of
the Canada Act of the 3P* G. 3. ch. 31. Sect. 46, 7. by which it is enacted, " that the
net produce of all Duties which shall be imposed for the regulation of Navigation
and commerce shall at all times hereafter be applied to and for the use of each of the
said Provinces respectively, and in such manner only as shall be directed by any Law
or Laws which may be made by His Majesty his Heirs or Successors by and with the
advice and consent of the Legislative Council and Assembly of such Province."'^

By this Clause we conceive it to be clear that the Application of the nett produce
of the Duties to any purpose without the direction of a Law made by His Majesty,
with the consent of the Legislative Council, and Assembly, is directly prohibited, and
consequently that it would be acting in direct opposition to this statute to make such
an unauthorized application, however proper the purposes might be to which the
application might be made —

We submit therefore whether immediate directions should not be given to the
Lieutenant Governor of the Province to assure the Assembly that in future the Canada
Act above mentioned would be inviolably adhered to, and the produce of Duties
applied only in the manner therein directed.

With respect to the past misapplication of such produce without the authority of
the Legislature, we submit whether it may not be proper to direct the Amount thereof
to be replaced at the disposal of the Legislature, accompanied however with an
Intimation that as the purposes to which the money had been applied were purely
provincial, and acquiesced in by the Legislature, it might not be improper to expect
that the Commons House of Assembly would with the concurrence of the other

1. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, pase 707.

COXSTITVTIOXAL DOCVMEyTS 323

SESSIONAL PAPER No. 29c

Branches of the Legislature sanction the past and proTide in future for similar con-
tingencies within the Province.^

We have the Honor to be
My Lord,
Your Lordship's most Obedient humble Servants.

V. GIBBS
THQS. PLUMER.

The Right Honble.

Lord Castlereagh

&e. &c.

Endorsed: — Limcoln's Inn 12'-'^ May 1807.
The Attorney & Solicitor General.
Copy to L*. Gov''. Gore.
19^ June 1807.

OBSERVATIONS ON THE GOVERNMENT OF CANADA BY JOHN BLACK.^
To Field Marshall His Royal Highness Duke of Kext &'^^. &^^. &•=»

The following observations are humbly submitted to your Royal Highness for the
Information of His Majestyi's Ministers which I trust will shew that the existing
laws and Constitution of His Majesty's two Provinces of Upper & Lower Canada are
unequal to the promoting of those subjects so necessary for the good of this Kingdom
to which the Canadians are so well calculated essentially to contribute. By the Legis-
lature of Lower Canada, the goods bound through that Province to Upper Canada
are subjected to a Duty, notwithstanding they have each a separate Government, an
Upper and a Lower House of Parliament to Legiislate for themselves — this will idti-
mately lead to mischief although Lower Canada accounts to Upper Canada for their
proportion.

The House of Assembly of Lower Canada is composed of Fifty Members, and
notwithstanding the Government and Commerce of the Colony are in the hands of

1. Lieutenant-Governor Gore's speech openmg the parliament of 1807 contained the
following reference to this subject.

" I have ordered the proper Officer to lay the Provincial Accounts before you, and have
given instructions that the unappropriated sums of money raised under the authority of this
Parliament, taken out of the Provincial Treasury, and applied to the payment of certain
public contingent expenses in the year 1805, as stated in the accounts laid before you during
the last session oi this Legislature, shall be replaced. I am, however, fully confident that you
will unite with me in sentiments of loyalty and gratitude, while reflecting on the very liberal
supplies annually afforded to this Province by the bounty of Our Parent State for its neces-
sary expenditures. And it will be for the House of Assembly to consider whether some
appropriation of the Revenue ought not to be made on its part to relieve (as far as its re-
sources will permit) the Mother Country from the Burthen of the Contingent Expenses inci-
dental to the support of the Civil Government, and the administration of Justice in this
Province." See the Journal of the House of Assembly of Upper Canada, 1807, page 5.

On March 7th, 1806, a few days after the address had been passed, the Assembly resolved
to relinquish the sum appropriated by Lieutenant-Governor Hunter without the consent of
the other branches of the Legislature and an address to that effect was presented to the
Lieutenant-Governor.

2. From the copy in the Canadian Archives, Q. 106, page 561.

In the letter to the Duke of Kent which accompanied the " Observations," Mr. Black
states that he has just returned to his native country after residing in British America for
twenty-one years. Mr. Black represented the County of Quebec in the Legislative Assembly
from 1796 to 1800. His letter to the Duke of Kent is endorsed " Observations on the Govern-
ment and Politics of Canada as presented to His Majesty's Ministers in October 1st, 1806, and
again in October. 1807." The first part of the Observations is omitted because it deals
entirely with the commerce of the colony.

29c— 2 U

324 CANADIAN ARCEIYES

4 GEORGE v., A. 1914

the Eiiglish, still at the General Elections British Influence can never get more than
Twelve Members returned who have to contend with the passions and prejudices of
Thirty eight French; the majority of whom are by no means the most respectable of
the King's Canadian Subjects; the cause of this is the British Act of Parliament
which gives to the Provinces their present Constitution — by that Act the following
qualifications are required of the Electors (viz'.) in the Cities of Quebec and Mont-
real, Eent to the Amount of ten pounds p. annimi or real property to the Amount of
five Pounds p. annum, and in all the Coimties two Pounds property entitles them to a
vote/ but no qTialifieation is ri'quireJ l>y the Said Act for the Candidate, by which
means immediately preceding all General Elections not only the nefarious & the
Political Bankrupt, the Demagogue and the insiduous and Ambitious title of Friend
of the People are all united in the Same Person, which makes the Country ring
throughout into the word " dont vote for am " English-Man, dont vote for a " Seignior,
a " Merchant, a " Judge or a " Lawyer, all of whom are represented to have an inter-
est in Taxing and oppressing the poor, in consequence of which, a number of the
representatives are contracted in their ideas & Education, and of course inadequate to
judge of the propriety of enacting Laws which in critical Times prudence and fore-
sight would dictate, such as the Alien Act, the suspension of the Habeas Corpus, or
amy other tending to strengthen His Majesty's Government.

Another existing evil which I humbly submit to your Royal Highness is regard-
ing the Government of the Militia in Lower Canada, the English and French Militia
being kept in two distinct bodies, the one with the English, the other with the French
word of Command, is as impolitic as absurd; for instance in Case of Insurrection
Rebellion or Invasion by a Foreign Enemy, the Officer commanding His Majesty's
lorcesi would of course give the word of Command and in the English Tongue, a
great proportion, however, of the aid in which under such circumstances the Country
reposes speaks the same language and receives the same word of Command as the
assailants, the consequences of such a system are not so difiicult to forsee as they
are to contemplate with Horror.

His Majesty's Dominions in America in their present disjointed state are
dangerously weak from the following reasons (viz*.) one province is not bound by
Law to assist the other if attacked by an Enemy in case of Treason raising her
standard in the Country, or if attacked from without by a Foreign Enemy, might
not a misunderstanding take place between the General conmianding the Kings
Forces and the General commanding the Militia arising solely from this cause,
similar to the differences which occurred in Sep'". 1759 amongst the French Officers,
who were jealous of the Fame of General Montcalm and which contributed so much
to the ultimate subjugation of the Province.

Your Royal Highness will perceive that one Colony in the event of an attack, aa
things are at present, not only receives no aid from the others, but by the misunder-
standing which it is possible might arise between the General and Governor, they
might even become hostile to each other at the moment of danger.

The Remedies which I would suggest for the Evils classed under the different
Heads is to unite the Provinces of Upper and Lower Canada if it conveniently can
be done, if not erect eight new Counties on the three Million acres of Land recently
granted who would return two Members each — to make the Parliament sit for seven
years in lieu of four years, and render a qualification necessary for every Member to
the extent of at least one hundred and fifty pounds p Annum in landed property, or
a permanent Salary to that amount — I should here wish to observe to your Royal

1. See Article XX. of the Constitutional Act, 179s Constitutional Documents, 1759-1791,
Shortt and Doughty, 1907, paf-e 699.

CONSTITUTIONAL DOCUMENTS 325

SESSIONAL PAPER No. 29c

Highness, the impossibility the Comitry can prosper under the present constitution
which draws forth a majority of the most inflamed of the worser order, whilst the
qixalification proposed would draw forth the Sense and Education of the Country.

The iiniting the Provinces or erecting eight new Oountie-s would bring the Eng-
lish considerably nearer the French in point of Number, and as it is but too evident
in all Coiintries the Head of a Party will prostitutionally oppose His Majesty's Gov-
ernment unitill they are called into power or obtained some situation equal to their
views.

By having a seven years Parliament Your Highness will perceive that the evil
of being obliged to provide for such scrambling Demagogues will more seldom occur ;
either uniting the two Provinces or erecting new Counties will add eight Members to
the Legislative Council.

The Remedy for the evil complained of under the paragraph N°. 6 with humble
duty and submission to Your Royal Highness seems to require a measure calculated
to unite the interests of the different Provinces, which I conceive cannot be effected
in any other way so well as by His Majesty's Goveniment appointing a Governor
General and a Commander in Chief invested in the same person for the four Provinces
with a Lieuten*^ Governor in each Province to give or withold tlie Royal assent to the
Laws, and Patronage would in that case be equal to keeping the Parliament in order,
by which means Laws would be soon made for the Provinces reciprocally to aid each
other in time of danger, the -Governor General and Commander in Chief I should
conceive would be the proper person to receive all communications. Civil and Mili-
tary Post Master General &'=^ &''^, and should be Master of the Geography of the
County, the English, French and German Languages, it is also necessary he should
be well acquainted with the four Provinces and the Characters of those in power at
present, with the Manners and Customs of the French and Germans also, if possible,
as there are a consideralde number of both in british America.

All of which is humbly submitted to Your Royal Highness who I hope will have
the gracious and condescending Goodness to put a favorable construction on the
humble efforts thus made for the good of my Country, for whose welfare Your Royal
Highness is well acquainted how much I have suffered during these last twelve years
and upwards and if I am so happy to give one single new Idea, I shall consider it the
happiest moment in the Life of

Your Royal Highness's, most devoted humble, and most obedient Servant

JOHN BLACK, Paul Street, Finsbury Sq^^
9 Oct'. 1806.

PROCEEDINGS RELATIVE TO THE PETITION AGAINST THE ELECTION

OF JUSTICE THORPE.

Journal of the Legislative Assembly, Upper Canada.^
Monday, 9th Fehriuiry, 1807.
Prayers were read.

Read, the i>etition of Duncan Cameron, John Birkier, Alexander Wood, George
Playter and sundry other Freeholders of the Counties of Durham and Simcoe and
the East Riding of the County of York, setting forth the ineligibility of Mr. Justice
Thorpe^ as a Member in this Honorable House, for the aforesaid Counties and
Riding, which is as follows.

1. From the typewritten copy of the Journal of the House of Assembly of Upper Canada
in the Canadian Archives.

2. Robert Thorpe had been a member of the Irish Bar. In November, 1802, he was
appointed a .Tndge of the Supreme Court of Prince Edward Island. In .Tuly, 1805, he was
given a commission as .Tudse of the Co\irt of King's Bench for Upper Canada. As seen from
the documents given above he was suspended from office on the recommendation of Lie'j-
tenant-Governor Gore. He was later appointed Ch^ef .Tnstice of Sierra Leone but his care»»-
here was even less happy than it had been in Upper Canada.

326 CANADIAN ARCHIYEH

4 GEORGE v., A. 1914

To The Honorable the Representatives of the
Commons of Upper Canada in Parliament
assembled.

The Petition of the undersigned Freeholders of the East Riding of the County
of York and Counties of Durham and Simcoe.

Most Respectfully Sheweth: —

That His Majesty's Writ, bearing date the Twenty-first day of November now
last past, did issue for the electing of a Knight to represent the East Riding of the
County of York and the Counties of Durham and Simcoe in the Assembly of this
Province in the place of William Weekes, Esquire, deceased.^

That William Allan, of York, Esquire, was duly appointed Returning Officer for
the said Riding and Counties, and did, on the Twenty-ninth day of December, pro-
ceed to such election.

That Robert Thorpe, Esquire, one of His Majesty's Judges in the Court of his
Bench in this Province, and Thomas Barnes Gough, of York, Esquire, were the only
candidates nominated by the respective Freeholders then and there present.

That Your petitioners previous to the closing of the poll, the election not being
determined on view, did protest against the return of the said Robert Thorpe for the
reasons and causes hereafter set forth.

That the said Robert Thorpe has been returned as a Member for the said Riding
and Counties, he having a majority of votes, to wit, two hundred and sixty-eight, and
the said Thomas Barnes Gough only one hundred and fifty-nine votes whereas Your
Petitioners humbly conceive that the said Thomas Barnes Gough should have been
returned Member of the said Riding and Counties for the reasons and causes follow-
ing, to wit.

That the said Robert Thorpe, at the time of such election, was, and still is one
of His Majesty's Judges of the Court of his Bench in this Province.

That in England none of the Judges of the Court of King's Bench, Common
Pleas, Barrens of the Exchequer who have judicial places, can be chosen Knight,
Citizen, or Burgess in Parliament."

That having adopted in this Province the law of England as a rule of decision,
the said Robert Thorpe was not then and now is not eligible in this Province to sit
as a Member in Your Honorable House of Assembly, that in the attainment of such
an object as Judge, who decides on the life, liberty and property of His Majesty's
subjects, must necessarily be liable to the frailties and passions incident to human
nature, and may therefrom imbibe partialities, prejudices or prepossessions repug-
nant to and at war with the purity of the unsullied ermine, inimical to the indepen-
dence and dignified administration of the law, and subversive of the free and consti-
tutional liberties of His Majesty's subjects.

That Your Petitioners have further to state with great deference to Your Honor-

1. William Weekes, the former member liad been one of the leaders of the party
opposed to the administration. On the occasion of a trial before Justice Thorpe of a suit in
which he was interested, Weekes undertook to make a bitter attack on the government. This
procedure in a Court of Justice was keenly resented by Weekes' Counsel, Robert Dixon, and
led to a duel with the result that Weekes was fatally injured.

2. Mr. Thorpe in an undated letter to Lieutenant-Governor Gore retferring to this point
says: "I have anxiously considered if by any mode, I could with propriety decline being a
member of the House of Assembly, and whether I look to England, or the Colonies, I can find
no one authority to cover a manifest dereliction of principle.

Judges are considered in the Legislature, for which reason many are created Peers and
all Judges have sat in the Commons except such as are constitutionally to attend the Lords
to assist when a Court of Justice. I have known a Chancellor of the Exchequer sit in his
Court and Conduct all the business of Finance, the Master of the Rolls, the Judges of the
Admiralty and Ecclesiastical Courts, the Chief Justice's of Ely. Chester & the Welsh
Judges, &c., &c., the Judges in Canada and in the other Colonies have constantly sat in the
House of Assembly." See the Canadian Archives, Q. 310. page 83.

S?e also Castleicagh to Craig, Septcber 7th, 1809, private, page 364.

COXSTITITIONAL DOCUMENTS 327

SESSIONAL PAPER No. 29c

able House that this procedure is unconstitutional, inasmuch as being an attempt to
clothe, arm and blend in one person, the conflicting powers, authorities and juris-
diction of the Legislature and Judicial functions contrary to the spirit of good gov-
ernment and the immemorial usage and custom of the Commons of England, whose
rules of conduct Your Honorable House has adopted as the criterion of your deci-
sions, where not otherwise specially provided for.

Wherefore your Petitioners, conceiving that the said Robert Thorpe was not law-
fully returned, and that Thomas Barnes Gough was duly elected, pray that the said
return may be reformed and amended, and the name of Thomas Barnes Gough be
inserted on the roll, and the name of Robert Thorpe erased therefrom.

And as in duty bound your Petitioners will ever pray.
York, 4th February, 1807.

Journal of the Lecsislative Assejibly.
10th February, 1807.

AgTeeable to leave given the House then resolved itself into a Committee to go
into the further consideration of the petition complaining of the undue return of
Mr. Justice Thorpe as Member to represent the Counties of Durham, Simcoe, and the
East Riding of the County of York.

Mr. Speaker left the Chair.

Mr. Cowan again took the chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Cowan reported that the Committee had gone through the consideration of
the said Petition, which he was directed to report whenever the House should be
pleased to receive the same.

The House then resolved that the Report be now received.

The Report was then unanimously received, and read by the Clerk at the Table,
v/hich Report is as follows.

Resolved, That it is the opinion of the Committee that the Petition of the Inhabi-
tants of the Home District, complaining of the undue election of Mr. Justice Thorpe,
does not contain sufficient grounds, if true, to make the election of the sitting Mem-
ber for the Counties of Durham, and Simcoe and the East Riding of the County of
York void.

The House accordingly resolved the same.^

GORE TO WINDHAM.2

No. 20. York, Upper Canada,

13* March 1807.
Sir,

It is a sense of my Duty, in the situation I have the honor to be placed, and my
regard for His Majesty's Interest, and I will add, for the safety of this Province,
that have induced me to trouble you with a tedious narrative, respecting the Char-
acter and Conduct of M"^. Justice Thorpe, one of His Majesty's Judges of the Court
of King's Bench; the particulars I have recited are numerous^ some of them at first
view unimportant, but taken together, disclose in the fullest manner, circumstances
respecting that Gentleman, and this Province, which I conceive it would be culpable

1. Later in the session a Bill was introduced " to remove doubts respecting the eligibility
of the Judges of His Majesty's Court of King's Bench to sit in the House of Assembly in this
Province. '^ Its consideration was, however, deferred for three months. See the Journals of
the House of Assembly for Upper Canada for March 4th, 1807.

2. from the copy in the Canadian Archives, Q. 30G, page 59.

328 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

in me to couceal, and I think it is highly necessary that you should be made acquainted
with. I therefore with earnestness, solicit your attention, to the following state-
ment.

Very soodj after the arrival of M"". Thorpe in this Province, his Public Comiuct
attracted the notice of all considerate men; the Publication purporting to be an
Address from the Grand Jury of the TTomo District (A)^ on tlie first Public exercise
of his Functions as a Judge, evinced a strong disposition to make the Courts of
Justice, the Theatres for Political harangues, and a subsequent one from the Petty Jury
(B), (a thing heretofore unknown in this Country) afforded a sufficient proof of a
desire in the Judge, to encourage Strictures on tlie Government from every discrip-
tion of persons, however incompetent they might be to form any correct opinion upon
the subject, or however foreign such a subject might be, from the occasion for which
they were convened.^

M"" Thorpe's conduct, since he has been elected a Member of the House of
Assembly," has been most inflammatory — And however it is to be lamented that the
Government have not greater influence in the House of Assembly, for during the
Session which has just closed, he had been unable to carry any one point, to embar-
rass the Government — He moved an Address, which was most insidious, and
inflammatory, on the subject, of those Persons who had adhered to the Unity of the
Empire — which was rejected — lai his proposal for vesting the Power of Appointing
Trustees to the Public Schools, in the House of Assembly instead of the Lieutenant
Governor, after a violent Declamation, and abuse of the Executive Government, he
asserted, that it was. .. .privilege of The House of Assembly to nominate to office — in
this attempt, he was supported by two only — And on a Question relating to the
Duties, imposed by the 14*^ of the King, (whieli ]VP Thorpe contenvied was at tlie dis-
posal of the Provincial Legislature — ) he stood alone! aud I am happy to observe, that
in the instance of a Judge of the Court of Kings Bench, making an attempt, to dero-
gate from the authority of the British Parliament, he could not in a popular Assembly,
prevail on a single person to join him, notwithstanding, his Pathetic allusions, to the
Revolt of the American Colonies.

Wlien the business of the Session was nearly conckided, an address was moved
in the House of Assembly, to relinquish their claim to about six Hundred Pounds,
which had been taken out of the Provincial Funds, and appropriated, by the late
General Hunter (to particular Colonial purposes — ) without tJi© concurrence of the
other Branches of the Legislature,* this measure was opposed by M"". Thorpe with his
usual violence, but without effect.

I have enclosed for your information, a statement of what passed at the first
interview I had, by appointment with M"". Justice Thorpe, soon after my arrival in
this Province, and my remarks on what passed at that interview. (No. 1.^) however
absurd, and malevolent, some part of M"". Thorpes assertions may be, and however it
betraj's the Ignorance, and indecent warmth of that Gentleman, — these circumstances
might be overlooked and forgiven, had his observations been resei'ved for my ear
alone — but it is notorious, that IVP. Thorite upon all occasions, is anxious to introduce,
and enforce those Topics, and that he has not only made them the constant subject
of conversation in all Companies, where he is admitted, but the Theme of his Declama-
tion in the House of Assembly, and the Rule of his Political conduct.

1. See the Canadian Archives, Q. 306, pases 72 and 75 for the enclosures A and B.

2. The section of the letter which follows contains a criticism of Mr. Thorpe's consent
while on the circuit.

3. See page 325.

• 4. See page 323, note 1.

5. The enclosures (1) and (2) are to be found in the Canadian Archives, Q. 306, pages
99 and 106.

CONSTITUTIONAL DOCUMENTS 329

SESSIONAL PAPER No. 29c

M'. Thorpe having accused the late Government of Peculation, I call'd upon him,
to state to me in writing, the particular acts of Peculation that Government had been
guilty of; 1 transmit IF. Thorpes answer, and my observations on his letter (No. 2).

Such, Sir, is the career, and such has hitherto been the conduct of a man, whose
peculiar duty it is, to inculcate subordination; and to recommend, and enforce respect
and submission to the Government — So has the confidence, and liberality of the
British Government, been abused and perverted by some of its Officers in this Colony
— and the friends of good order, have seen with regret and indignation. Persons sent
into the Province with large salaries, and in high official Situations, industrious only
in doing mischief; spreading discontent amongst the Inhabitants — urging the Demo-
cratic Branch of the Constitution to the most extravagant assumptions of authority,
and endeavouring by every means in their power, to Embarrass and weaken that Gov-
ernment, which they were sent to aid and support — Emissaries sent by am Enemy
to seduce the affections of the People would be much less dangerous, their suggestions
would be received with caution, and listened to with suspicion; but when the Common
People hear a Judge, declaiming openly against The Kings Government, and see him
opposing all its measures, they cannot fail to think, that something must be wrong —
little accustom'd to that eccentricity of character, when honor, duty and even Interest,
lie prostrated at the feet of vanity; it is impossible for them not to suppiose that this
Conduct, must have some better foundation, than the working of a perverse self
importance, determined at all hazards to be distinguished.

The above narrative I am sensible is long, and unpleasant; I have stated every
circumstance from an anxiety, that you may not be misguided by a partial represen-
tatiooj — The Documents to which I refer, speak for themselves, and authenticate my
statement.

The next circuit commences early in August, when M"^. Thorpe will have another
opportunity of disseminating his Opinions, I must therefore most earnestly request,
that you will honor me with your Instructions relative to this Gentleman —

I have no hesitation in giving my opinion, that if His Majesty is pleased to per-
mit M'. Thorpe to retain his situation im this Province, that the most serious evils
may be apprehended — Ajnd I ought not to conceal from you, that I have been urged,
by the most respectable Gentlemen in the Colony, for the sake of Public tranquillity,
to suspend M"". Thorpe from his situation of Judge — this advice I have resisted, hav-
ing time to receive your directions, before the commencement of the Circuit — And
confidently relying on your support to maintain order, and authority in this Province.
I have the honor to be.
Sir,

with the greatest respect
Your most Obedient
Humble Servant

FEANCIS GOKE,

Lt. Governor.
The Eight Honble.
William Windham
&c &c &c

Endorsed : — ^Upper Canada

13* March 180Y.
Lt. Gov"". Gore

No. 20
E/ 10 May.
Twelve Inclosures.

4 GEORGE v., A. 1914
Downing Street

330 C'AXADIAX ARCHIVES

castlereAgii to gore.

N° 2

19 June 1807—
Sir,

Your Dispatches from 'N°. 10 to ]Sr°. 20 inclusive have heen received and laid
before the King.

The various particulars which you have stated of M''. Justice Thorpe's having
exceeded his duties as a Judge, by mixing in the political parties of the Province,
and encouraging an opposition to the Administration afford such well grounded reasons
for believing that his continuance in office would lead to the discredit and disservice
of His Majesty's Government, that I am commanded to signify to you His Majesty's
Pleasure that you do suspend M'' Thorpe from the Office of Judge in Upper Canada
and measures will be taken for appointing a Successor. It is by no means intended,
nor, I am sure, is it your wish that this measure should be extended beyond the limits
of what is necessary for His Majesty's Service, and you will therefore intimate to
M' Thorpe that I hope I may be enabled to recommend him to some other professional
situation under an assurance that he will confine himself to the duties of his Profes-
sion hereafter, and abstain from engaging in Provincial Party.'

The Address of the Assembly" relative to certain Clonics which had been appro-
priated out of the Provincial Revenue by order of The Lieut: Governor with other
papers upon this subject have been referred to the Attorney, and Solicitor General,
and I herewith inclose a Copy of their opinion for your Information.* I perceive by
your letter N" 19 that you have pursued the course recommended by the Law Officers
in that report; and I am happy to find that your proceedings on this occasion have
produced a proper effect in the House of Assembly.

I have the Honour to be,

Sir,
Your Most Obedient, Humble Servant.

CASTLEREAGH.

To

Lieut: Gov'. Gore.

&«. &"=. &°.

1. From the original despatch in the Canadian Archives, G. 55, pt. 1, page 115.

2. See page 325, note 2

3. See page 320.

4. See page 321.

CONSTITUTIO^'AL DOCUMENTS 331

SESSIONAL PAPER No. 29c

REDISTKIBUTION ACT, UPPEE CANADA.^

In the forty-eighth year of George the Third.
Chap. XI.

An Act for the better Representation of the Commons of this Pro-
vince in Parliament, and to repeal part of an Act passed in the .
fortieth year of his Majesty's reign, entitled " an Act for the
more eqvMl representation of the Commons of this Province, and
for the tetter defining the qualification of Electors."

[Passed 16th March, 1808.
Whereas it is necessary to encrease the representation of the Preamble,
Commons of this Province in Parliament; Be it Enacted by the
King's most Excellent Majesty, by and with the advice and consent of
the Legislative Council and Assembly of the Province of Upper
Canada, constituted and assembled by virtue of, and under the author-
ity of an Act passed in the Parliament of Great Britain, intituled,
" An Act to repeal certain parts of an Act passed in the fourteenth
year of his Majesty's reign, intituled, " An Act for making more
effectual provision for the Government of the Province of Quebec, in
North America, and to make further provision for the Government
of the said Province," and by the authority of the same. That so
much of an act passed in the fortieth year of his Majesty's reign. Part of the 40th
entitled " an Act for the more equal representation of the Commons °^ Geo. 3d Ch. 3,
of this Province in Parliament, and for the better defining the quali-
fication of Electors," as relates to the number of members to repre-
sent the Commons of this Province in the House of Assembly, shall
be repealed, and the same is hereby repealed accordingly.

11. And he it further enacted by the authority aforesaid. That Representation of

from and after the end of the present parliament,^ the representation \x.^ Commons in

J. , ~ c 1 . -I-. • • 1 TT r A 11 1 n 1 the House oi

ot the Commons ol this Province m tlie House of Assembly, shall be Assembly of this

in 7nanner following, that is to say,* That the county of Prescot shall Province,
be represented by one member; that the county of Glengary shall be
represented by two members; that the counties of Stormont and
Russell shall be represented by one member; that the counties of Dun-
das, Grenville, Leeds, Frontenac and Prince Edward, except the Town-
ship of Ameliasburgh, be each represented by one member; that the
incorporated counties of Lenox and Addington, be together repre-
sented by two members; that the county of Hastings, and the Town-
ship of Ameliasburgh, in the county of Prince Edward, be represented
by one member; that the covmties of Northumberland and Durham,
shall together be represented by one member; the East Riding of the
county of York and the county of Simcoe by one member; that the
West Riding of the county of York shall be represented by one mem-
ber; that the first Riding of the county of Lincoln and the county of
Haldimand shall be represented by two members, in manner follow-
ing, viz. the townships of Saltfleet, Ancaster, Barton^ Glanford and

1. From The Statutes of Uis Majesty's Province of Upper-Canada, in
North America. Printed by .John Cameron, Printer to the King's Mo'^t
Kxrpllent Majesty, York, Upper Canada, 1808.

This Act was repealed by the Statute 60, Geo. Ill, Chap. II, which
established a new basis of representation. See page

'-'. ^ee page 24-5.

3. The fourth parliament was dissolved by a proclamation dated
May 21st, 1808.

4. For the division of the Province into counties see the Act of 1798,
I)age 22J.

3S2

CANADIAN ARCHIVES

At the expira-
tion of 6 days
the poll to be
closed by the
Returning
Officer.

4 GEORGE v., A. 1914

Binbrook, with so much of the county of Ilaldimand as lies between
Dundas Street and the Onondaga Village, (commonly called Bears-
foot) on the River Ouse, by one member, and the townships of
Grimsby, Cliaton, Gainsborough and Caistor, with so much of the
county of Haldimand as lies between the Onondaga Village aforesaid
and the mouth of the River Ouse, by one member; that the second
riding of the County of Lincoln) shall be represented by one member ;
that the third riding of the county of Lincoln shall be represented by
one member; that the fourth riding of the county of Lincoln shall be
represented by one member, that the counties of Oxford and Middle-
sex be together represented by one member; that the county of Nor-
folk shall be represented by one member; that the county of Kent
shall be represented by one member ; that the county of Essex shall be
represented by two members.

IIL And he it further ernacted hy the authority aforesaid, That
no returning officer or officers who may be hereafter appointed, shall
continue any election more than six days, but shall at the expiration
of that time, close the poll, notwithstanding any law, usage or custom
to the contrary.

Preamble.

Xo Petition
complaining of
an undue Elec-
tion to be
received unless
within 14 days
after the meeting
of the House of
Assembly. To
be signed by at
least ten
Electors.

AN ACT REGULATING THE TRIAL OF CONTROVERTED
ELECTIONS, LOWER CANADA.i

Akno Quadragesimo Octavo Georgii III., C. 21.

An Act to regulate the Trial of controverted Elections or returns of
Memhers to serve in the House of Assembly of Lower-Canada.

(14th April, 1808.)

Whereas it is necessary that provision be made for regulating
the trial of controverted Elections or returns of Members, to serve in
the House of Assembly of this Province.

Be it therefore enacted by the King's Most Excellent Majesty,
by and with the advice and consent of the Legislative Council and
Assembly of the Province of Lower Canada, constituted and assem-
bled by virtue of and under the authority of an Act passed in the
Parliament of Great Britain, intituled, " An Act to repeal certain
" parts of an Act passed in the fourteenth year of His Majesty's
•'reign," intituled, " J.n Act for making more effectual provision for
"the Government of the Province of Quebec, in North America,"
" and to make further provision for the Government of the said Pro-
" vince," and it is hereby enacted by the authority of the same, that
after the end of the present Session of the Provincial Parliament, no
petition complaining of an undue election or return of any Member
to serve in the House of Assembly in this Province, shall be receivable,
unless the same be presented to the House within fourteen days after
the first meeting of the Legislature, ensuing the election or retiirn
complained of, and also, unless such Petition, be signed, by at least
ten Electors of the County, City, Town or Borough in which the
Election shall have been had, or if from an unsuccessful Candidate,
shall be supported either in the same, or a distinct Petition, by the

1. From The Provincial Stattites of of Lower-Canada^ Vol. IV. Quebec,
printed by P. E. Desbarats . For the corresponding statute for Upper Can-
ada, see page 316.

I

COXSTITlTIOyAL DOCUMENTS 333

SESSIONAL PAPER No. 29c

signatures, (or marks certified by two witnesses,) of at least ten such

Electors ; and every such Petition shall state the grounds and reasons

of complaint and in case the House of Assembly, shall think such

grounds and reasons, (if true) sufficient to make the Election void, a a time to be

day and hour shall, by the said house, be appointed for taking the fixed for

same into consideration, so that the space of twenty days at least, shall the complafnt

always intervene between the day of presenting such Petition, and the

day appointed by the House, for taking the same into consideration,

and notice therof, in writing, shall be forthwith given by the Speaker,

to the Petitioners, (who shall by themselves, or some one of them,

their Counsel or Agent, attend at Quebec, for the purpose of being

served with such notice,) and also to the sitting Member, with an

order to them to attend and be heard at the Bar 6i the House, at the

time appointed, either in person or by their Counsel or Agents, and Petition may be

such notice and order shall also be inserted by order of tlie Speaker, taken into con-
,„, „ , -r, -111 1 IT-.-- 1 suleration, at an

m the Quebec (jazette. Provided always, that such Petition may be earlier day if

taken into consideration at an earlier day, if the Parties shall consent Parties coni-ent.

thereto. Provided also, that the House may alter the day and hour

so appointed for taking such Petition into consideration, and appoint House may alter

some subsequent day and hour for the same, as occasion may require, ^ ® time.

giving to the respective parties the like notice of such alteration and

order to attend on the said subsequent day and hour as aforesaid.

Provided further, that whensoever the matters contained insuchPeti- When Petition

tion, as above said, cannot be fully heard, tried and adjudged, at the i^ j-j^g same

same Session of Assembly, in which the same were begun, that the session of the

same may be continued and taken up, heard and adjudged upon, at sanTe may be

the next meeting of the House of Assembly, in the same manner as if taken up at the

no prorogation had taken place. ^^^t Session of

Assembly.

II. And in order to prevent frivolous and vexatious Petitions. Before a Petition

Be it further enacted by the authority aforesaid, that before any Peti- against an

tion against an election as above said, shall be brought up, or pro- brought up or

ceeded upon, in the House of Assembly, a Recognizance shall be proceeded upon,

entered into before the Speaker of the House of Assembly, or before IJu^^a^^^^^^^ j

one of the Justices of the Court of King's Bench, or Provincial Judge into before the

of the District, according to the form expressed in the Schedule here- Speaker of the

unto annexed, to wit; the Petitioning Candidate, in the sum of thirty ^lyl^or one oTthe

Pounds, and two other Petitioners in the sum of fifteen Pounds, each, .Justices of the

and conditioned, that the Petitioners will appear and prosecute such t^^"^; "-l^S s
1 1 J- Ii TT J- A 11 Bench or Pro-

aggrieved, such sum and sums ot money, as the House 01 Assembly vineial .Judge.

Petition, and will pay to such person or persons as may be thereby
may award for costs and expences, that the parties, or any of them
against whom the said Petition shall have been made, may be put to bj
reason of the said complaint, if the same should be adjudged frivol-
ous and vexatious, or not founded on grounds sufficient to justify the
Petitioners in having made the same. Provided always, that such
Recognizances, as is herein before required, if taken before any such
Justice of the Court of King's Bench, or Provincial Judge as afore-
said, shall, by such Justice or Judge be certified and transmitted to
the Speaker of the House of Assembly, so soon after as the same shall
be taken as may be, and that no proceedings shall be had upon any
such Petition as aforesaid, until such Recognizances shall be so certi-
fied and transmitted unto the said Speaker, in manner aforesaid.

334

CANADIAX ARCHIVES

In the event of
the Election or
return being
declared void,
the petitioners
entitled to costs
and expences.

Mannor in
which Petitioners
complaining of
any Election or
Return are to
DTOceed.

Manner in which
the House of
Assembly is to
proceed, when
the petition is
to be taken into
consideration.

Witnesses for
the petitioners
and for the
sitting Member
to retire without
the Hoxise and
the Petitioners
to call their
Witnesses for
examination.

After the
examination
of the wit-
nesses for
the Petitioners
bas been gone

4 GEORGE v., A. 1914

III. And be it further enacted by the authority aforesaid, that in
the event of the Election or return complained of being declared void,
then and in such case, the Petitioners shall recover from the Sitting
Member whose Election or return shall be so declared void, (Pro-
vided such voidance arises from any Act done by or with the knowl-
edge and consent of such sitting Member), the costs and expences
awarded as above, that they or any of them shall have been put to in
prosecuting their complaint, and in all cases of costs and expences so
awarded by the House, the Speaker shall give a certificate thereof,
and the same, if refused to be paid, shall be recoverable by action of
debt, in the Court of King's Bench or Provincial Court of the District
or inferior District, wherein the Parties refusing to pay, may respec-
tively reside.

IV. And be it further enacted by the authority aforesaid, that
the Petitioners complaining of any Election or return, shall deliver
to the Clerk of the House of Assembly, within a reasonable time, to
be established by the House, before the day fixed as above said, for
hearing the merits thereof, a list of such witnesses as they mean to
produce on the trial ; and the sitting Member shall do the like ; and it
shall be lawful for the Speaker of the House of Assembly, and he is
hereby empowered and required, by Warrant under his hand and seal,
directed to such person or persons as by him shall be specially
appointed, to summon and require the attendance of the witness or
witnesses, in such lists named, at the day and hour fixed for trial, to
give evidence thereon, such day and hour to be mentioned in the said
warrant; and it shall be incumbent upon the person or persons, at
whose instance a Witness is summoned, and before it shall be obli-
gatory upon such Witness to attend, according to such Summons, to
advance to the said Witness, if by him required, a reasonable number
of day's expences at the rate of two shillings and six Pence per day,
and also one Shilling per league, in going from and returning to his
place of residence.

V. And be it further enacted by the authority aforesaid, that at
the time appointed for taking such Petition into consideration, and
after reading the order of the day for that purpose, the House shall
be cleared, and the Speaker, with the Members thereof, (excepting the
Member or Members whose election shall be contested,) shall be sworn
at the table, well and truly to try the matter of the Petition referred
to them, and a true Judgement give according to the evidence; the
Speaker shall then take the Chair, the doors shall be opened, and the
Petitioners, their Counsel or Agent shall attend at the bar.

VI. And be it further enacted by the authority aforesaid, that
the Witnesses for the Petitioners and for the Sitting Member shall
be ordered by the Speaker to retire without the House; and the Peti-
tioners, their Counsel or Agent, shall call their Witnesses in, one by
one, for examination; and each and every Witness as aforesaid, shall
be sworn at the bar of the House, before giving his evidence.

VII. And be it further enacted by the authority aforesaid, that
after the Witnesses for the Petitioners shall have been examined, and
all other evidence offered and allowed on their behalf gone through,
the sitting Member or Members shall be required by the Speaker
to make a defence, and the Witnesses for the said sitting Member or
Members, shall be separately called in for examination, and shall be

COXSTiriTIOXAL DOCIMLXTS '335

SESSIONAL PAPER No. 29c

sworn in manner aforesaid. Provided always, that whenever any thro', sitting
Member of the House shall be a Witness, he shall not be obliged to hS°drfen?e'^nd^
retire as aforesaid, but shall be sworn in his place.^ his Witnesses

to be examined
VIII. Provided always, and be it further enacted by the author- and sworn,
ity aforesaid, that in cases, wherein it shall appear that the expence When any
of bringing- Witnesses to the bar, would be considerable, it shall and may jjouse is°a
be lawful to and for the House of Assembly, to nominate and appoint Witness, he may
three Commissioners, (one of whom shall be Chairman) for the pur- "? sworn in his
pose of examining the Witnesses of the parties, at such time and at [jQ^gQ ^f Assem-
such place or places as in such reference shall be appointed, and the bly empowered
said Commissioners shall, before proceeding on the business of their ^ appoint
said Commission, take and subscribe the following oath, (that is to jq certain cases,
say) " I, A.B. do swear, that I will, without favour, affection or Commissioners
" malice, and according to the best of my skill and knowledge, well to take an oath.
'•'and truly perform the duty of a Commissioner appointed to hear ^"® Oath.
" and examine the evidence which shall be brought before me by
'■ virtue of a reference, under the hand and Seal of the Speaker of the
" House of Assembly, upon a Petition, (here mention the names of the
" Petitioners or some of them,) according to the Rules, Regulations
" and Directions contained in an Act passed in the forty eighth year
" of the Reign of King George the Third, intituled, "An Act to regu-
" late the trial of controverted Elections or Returns of Memhers to
"serve in the House of Assembly of Loiver Canada," which oath the
said Chairman of the said Commissioners having first taken and sub-
scribed the same in the presence of the others, is hereby authorised
and empowered to administer to the said other Commissioners; and
such Commissioners shall sit every day, (Sundays and Holy days
excepted,) from the hour of ten in the morning, till four in the after- x)uty of the
noon, and shall not adjourn, for any longer time than twenty four Commissioners,
hours, except in case of the death, sickness or unavoidable absence
of one or more thereof, or except, in case of removal to another place
of meeting; and the said Commissioners shall have authority and are
hereby empowered, to appoint a Clerk, to take down in writing, a Clerk to be
minutes of all their proceedings, in an accurate manner, and of all appointed and
such evidence as shall be given or produced before them, and the oppo-
sitions to such evidence ; which said Clerk shall be by them duly sworn
so to do, and they shall proceed in examining upon oath, (which oaths
they are hereby authorised to administer) all and every witness or wit-
nesses in the above mentioned lists, who shall come before them ; and
the said Clerk shall make, or cause to be made, true copies of all s.uch
proceedings and evidence, and shall give one such copy to each of the
parties interested, or his or their Agent, if the same shall be
demanded, on being paid for every hundred words contained in the
said copy, the sumof sixi)ence; and within ten days after the evidence
before the said Commisioners shall be closed, the said Commissioners,
or any two of them, shall cause a copy of the minutes of all their pro-
ceedings, and of the evidence to be made, and shall compare the same
with such minutes, and then sign and seal such copy, and shall trans-
mit the said copy, so certified, to the Speaker of the House of Assem-
bly, who shall, accordingly, communicate the same to the said House.

1. Articles V, VI, VII, have been adopted from the Act for Upper
Canada, see page .317. ArtioUs III, IV, V.

336

CANADIAN ARCHIVES

Copy of the pro-
ceedings of the
Commissioners
to be trans-
mitted to the
Speaker of the
House of
Assembly.

House to
appoint a day
foi- taking the

proceedings &c.

into considera-
tion.

House may hear
Counsel.

Commissioners
empowered to
summon Wit-
nesses.

Penalty on per-
sons refusing to
appear, or who
shall refuse to be
sworn, and give
evidence, &c.

Penalties how
recoverable.

And how
applied.

4 GEORGE v., A. 1914

IX. And be it further enacted by the authority aforesaid, that
after a copy of the said proceedings and evidence and objections to
the said evidence shall be received by the said Si)eaker, the said House
shall appoint a day, for taking such proceedings, evidence and opinions
of the said Commissioners, into consideration, and shall, on such day
proceed to try and determine the merits of the said Petition, in such
manner, as the House of Assembly are to proceed upon other contro-
verted Elections, save and except, that the said House shall not call
for, or receive any other or further evidence written, but the House
shall determine on all such matters and things from the written
minutes of the proceedings and evidence, before the said Commis-
sioners, signed, sealed, certified, and by them transmitted as afore-
said, being first duly sworn before they shall proceed to take the
merits of the same into consideration, on the day that shall have been
so fixed. Provided always, that the said House, shall be at liberty to
hear Counsel, for each of the parties,

X. And be it further enacted by the authority aforesaid, that the
said Commissioners shall be, and hereby are empowered, by warrant
under the hand and seal of their chairman, or of any two of them,
directed to such person or persons as by him or them shall be speci-
ally appointed, to summon and require the attendance of the witness
or witnesses, in the lists herein before mentioned, at the day and hour,
and place fixed to give evidence thereon; which day and hour and
place, shall be mentioned in the said warrant, and every person so
summoned to appear and give evidence, who shall refuse or neglect
to appear, (a reasonable number of days expences being first advanced
to him, if required, at the rate of two shillings and six pence per
day, and also one shilling per league, for each and every league,
in going from and returning to his place of residence) or
appearing, shall refuse to be sworn or give evidence before the
said Commissioners, unless in cases of reasonable excuse, to be
allowed of by the said Commissioners, or who shall be guilty of any
contempt, or improper behaviour towards the said Commissioners,
while sitting in the execution of their Commission, shall, each, forfeit
and pay a sum, not exceeding twenty pounds, current money of this
Province; and such penalty shall be recoverable before any two of His
Majesty's Justices of the Peace who are hereby authorised and required
to hear and determine the same, in a summary manner, either by
voluntary confession of tlie Party or Parties accused, or upon the
Oath of one or more credible Witness or Witnesses, other than the
Prosecutor ; and in case of non payment of such penalties, after con-
viction thereof, the same shall be levied by distress and sale of the
offenders goods and chattels, by Warrant, under the hand and Seal of
such Justices directed to any Peace Ofiicer, and the overplus of the
money so levied, (if any there be,) after deducting the Penalty and
reasonable cost, shall be returned to the ow.ner; and the one half of
such penalties shall be paid to the Prosecutor, and the other half, into
the hands of the Justices before whom the conviction shall have been
had, to be by them transmitted to His Majesty's Keceiver General, for
the use of His Majesty, to be applied toward the support of the Gov-
ernment of this Province, and shall be accounted for to His Majesty,
through the Commissioners of His Majesty's Treasury for the time
being, in such manner and form as His Majesty shall direct.

CONSTITUTIONAL DOCUMENTS 337

SESSIONAL PAPER No. 29c

XL And be it further enacted by the authority aforesaid, that the Commissioners
said Commissioners shall, each of them, be entitled to demand and aUowed^V oer-
receive, for their services, the sum of fifteen Shillings, and the Clerk tain pay per day.
of the said Commissioners, ten Shillings for every day which they
respectively shall have duly attended, during the execution of the said
Commission, and ten shillings only for every day, which they respec-
tively shall have been necessarily engaged in travelling from and to
his or their usual place of residence, to or from the place or places of
the meeting of the «jaid Commissioners and the said Clerk ; which said
several sums, shall be paid to them, respectively, by the persons who
entered into recognizances as above said, or any of them, upon a
Certificate, under the hand of the Speaker of the House of Assembly,
stating the sum or sums so payable, being to him or them produced.

XTI. And be it further enacted by the authority aforesaid, that Clerk or in his
the Oaths by this Act directed to be taken, (those of the said Com- asSlt^Vthe^ *
missioners and of their respective Clerk and of the Witnesses brought Assembly to
before' them excepted,) shall be administered by the Clerk of the administer oaths.
House of Assembly, or in his absence by the Clerk Assistant, who is,
and each of them are hereby authorised to administer the same; and Penalty on
that any person who shall be guilty of wilful and corrupt perjury, in ^^faf'^^oath^"
any evidence which he shall give, before the said House, or before the
said Commissioners, in consequence of the Oath which he shall have
taken by the directions of this Act, shall, on conviction thereof, incur
and suft'er the like pains and penalties to which any person convicted
of wilful and corrupt perjury, is liable by law.

XIII. And be it further enacted by the authority aforesaid, that Sitting Member,
no sitting Member, whose election shall be contested as aforesaid, shall ^^^contSdl*'^
vote upon any question, which shall arise in the course of the trial or incapable of
upon the decision thereof. Provided always, that no such decision voting.

shall be had, nor any question touching elections be proposed, unless
there be a Quorum of the House present, and no Member shall have ^'o decision or
a vote upon such decision, who shall not have attended during the Elections to be °
examination of the Witnesses, who shall have been heard before the proposed unless
House themselves, and the hearing of the Parties by themselves or "^J^^^^^ ^^ tli^
their Council.^ House present.

XIV. And be it further enacted by the authority aforesaid, that Petitioners and
the Petitioners against an election or return, and the sitting Member ^^ kp*^^?" ' t
or Members, shall, in a reasonable time, to be fixed by the House of change lists.
Assembly, before the trial be proceeded upon, interchange, with each

other, lists of the names of all such votes and voters to which either
of the said Parties intend to object before the said House, and the
grounds of their objections thereto, and of all such other matters
and things as either of the said Parties, mean to insist upon or con-
tend for, or to object to, before the said House.

XV. And be it therefore enacted by the authority aforesaid, that In cases of non
in all cases of non payment of cost and expences, incurred upon the ?!;^°it?* 5*L5°f«^
trial of contested elections, before the House of Assembly, as also, of trials before the
the allowances to the said Commissioners, and their Clerk, the same House of Ass em-
shall and may be, respectively, recovered, by the Parties entitled there- allowances of the
to, by action of debt against the persons, respectively, entering into Commissioners
recognizance as aforesaid, or against the sitting Members, respectively, |^^^^ recoverable.

1. Compare with Articles VI. and VII. of the Act for Upper
Canada, pa<ge 318.

29c— 22

338 CAyADIAX ARCHIVES

4 GEORGE v., A. 1914

according as the case may be, in the Court of King's Bench, or other
Court where debts of like amount are recoverable ; in which action, it
shall be sufficient for the Plaintiff or Plaintiffs to declare, that the
Defendant or Defendants is or are indebted to him or them in the
sum mentioned in the Certificate of the Speaker of the House of
Assembly, by virtue of this Act; and the said respective Certificates
of the said Speaker, shall be deemed full and sufficient evidence and
support, of such action of debt; and the Party or Parties, in whose
favor Judgment shall be given, in any such action, shall recover his or
their costs.

Continuance XVI. And be it further enacted by the authority aforesaid, that

of this Act. ^jjjg ^^ shall be in force to the first day of January which will be in

the 3'^ear of our Lord one thousand eight hundred and eleven, and

from thence to the end of the then next Session of the Provincial

Parliament and no longer.^

SCHEDULE.

Schedule Form of a Recognizance to be entered into before any Petition

against an election or return of a Writ of election, can be proceeded
upon.

Be it remembered that on the day of

in the year of our Lord before me A.B. (Speaker of the

House of Assembly) came CD. of and E.F. of

and G.H. of and severally

acknowledged themselves to owe the following sums, that is to say,

the said CD. the sum of . and the said E.F. and G.H.

the sum of each, to be levied on

their respective goods and chattels, lands and tenements, to the use
of our Lord the King, his Heirs and Successors, or to the use of the
Parties who may appear to be aggrieved by a Petition, about to be
presented to the House of Assembly, against the regularity of a cer-
tain election, held in the for a representative, to

serve in tlie said Assembly, (or against tlie return as the case may be,)
in case the said CD. shall fail in performing the conditions here-
under mentioned.

The condition of this recognizance is, that if the said CD. shall
duly appear before the said House of Assembly, at such time or times,
as shall be fixed by the said House of Assembly, for taking into con-
sideration, a Petition, signed by the said CD. and divers other per-
sons, complaining of, (here specify the complaint, whether for an
undue Election or an undue return, or for want of a return, that no
return has been made upon an election concluded,) for the County,

Town or Borough of , and shall appear before the said

House, for trial of the said Petition, and if necessary at every subse-
quent Sessions of this present Assembly, and follow up the same,
until a final determination thereupon, or until the same shall have
been withdrawn by permission of the said House of Assembly; and
shall also pay siich costs, as the said House of Assembly shall resolve
and adjudge to be paid to any person or persons aggrieved by the said

1. This Act was renewed in 1812 and again at different periods until
1836.

COXS TirUTIOXA L DOCUMENTS

339

SESSIONAL PAPER No. 29c

Petition, then this Recognizance to be void, otherwise to be and

remain of full force and effect.

Taken and acknowledged, before me, in n rt ct q n

pursuance of an Act passed in the ' " ):y'Q'x

48th year of His Majestv, Geo. III., ^'^ )^-^-{

chap. ^■^' ^^'^'■>

OPINION OF SIR JOHN NICHOLL ON THE POWERS OF THE BISHOP

OF QUEBEC.^

Queries

1®* As by the Patent erecting the See
and appointing the Bishop of Quebec, it
is declared that the Bishop may confer
Orders, may confirm and exercise all
other Functions peculiar and appropriated
to the office of a Bishop.

Your Opinion is desired with regard to
the number nature and extent of these
functions thus peculiar and appropriated
to the office of a Bishop."

I apprehend, that the Functions here
meant, taken with reference to the Patent,
sre those of the general superintendence
by the Bishop of the conduct & discipline
0^^ his Clergy.

J. N.

The Canon & Ecclesiastical Laws, as
received in England, and any Statutes
relative to the Church of England.

J. N.

2"^'^ By the said Patent, spiritual &
ecclesiastical Jurisdiction is given to the
Bishop in; the several Causes and Matters
expressed in the Patent, and in no others,
according to the Laws & Canons of the
Church of England."

Your Opinion is desired as to the ex-
tent of the meaning of the word Laws.

S'^'y By the said Patent the Bishop has
power to appoint Commissaries, and by
them or by himself to give Institution, to
grant Licences to Curates, to visit all
Churches, and Clergy of the Church of
England, with all manner of Jurisdiction
power and Coercion Ecclesiastical as may
be required, & to call before him or them
the Clergy aforesaid, and to enquire by
witnesses to be sworn in due form of Law,
and by all other lawful ways and Means
by which the same may be most effectually
done, concerning their Morals and Be-
haviour: and to administer all such

1. From tlie copy in the Canadian Archives, Q. 108, page H2.

Sir John Nicholl at this time held the position of King's Advocate. He was appointed
dean of arches and judge of the Prerogative Court of Canterbury in 1809, and in 1833 was
promoted to the High Court of Admiralty. He died, August 26th, 1838.

2. See page 102.

3. S«e page 102.
29c— 22i

340

CANADIAN ARCHIVES

I apprehend, that the Jurisdiction
must be exercised in the same manner
as in England.

The necessaiy OflBcers are the Judge,
the Registrar, aud the apparitor.

J. K

I do not exactly understand the Ques-
tion, and therefore can only answer gener-
ally that the same measures must be
resorted to as in England so far as local
Laws will allow.

J.N.

None
J. N.

None
J. N.

None — He is only to grant Certificates
to the Governor in the Instances where
such certificates are required.

J. N.

None.

J. N.

4 GEORGE v., A. 1914

Oaths as are accustomed to be taken in
Ecclesiastical Courts, & to punish and cor-
rect them by removal, deprivation, suspen-
sion, or other such Ecclesiastical Censure
&c as they may be liable to according to
the Canons and Laws ecclesiastical afore-
said.^

Your Opinion is desired whether
this jurisdiction over the Clei^y by the
Bishop and his Commissaries is to be
exercised according to all the technical
forms which are observed in the Bishop's
and Chancellor's Courts in England, and
whether it is necessary that in Trials by
the Commissary all the forms of Pro-
ceeding in such Courts must be used, &
the usual Officers belonging to such
Courts be appointed, and if so, what
officers are necessary.

Your Opinion is also desired, whether
upon the deprivation of a Benefice, should
the Clergyman deprived be refractory,
what means remain to the Bishop to
enforce deprivation.

Your Opinion is also desired, whether
the Bishop of Quebec has in any instance
whatsoever, and if so, in what, any juris-
diction over the Laity in Canada.

Wliether he has any jurisdiction or
power over any Dissenting Clergy not
being Catholicks.

Whether he has any jurisdiction or
power over Schoolmasters, and what; the
power of licensing Schoolmasters being
granted to the Governor, as appears by
the enclosed Extract of his Instructions
marked (1)^

Whether the Bishop has any power of
granting marriage Licences & to what
extent, & in what cases, a Power of grant-
ing marriage Licences being granted to
the Governor of the Provinces as may be
seen by the Extract from the Governor's
Patent, herewith sent marked (2)''

By the 31^' of the King. Cap. 31 sect.
38, it is enacted that within any Town-

1. See page 102.

2. The extracts from the Instructions are not enclosed here. See Article 52 of the
Instructions to Lord Dorchester, page 27.

3. The instructions issued to Lord Dorchester in connection with the creation of a
bishop's Se« declared that " it is nevertheless Our Will and Pleasure to reserve to you, tha
granhng of Licenses for Marriages, Letters of Administration, and Probates of Wills, as
heretofore exercised by you and vour predecessors; and also to resume to you and to all
others to whom it may lawfully belong, the Patronage and Eight of Presentation to Benefis.'
This provision was incorporated in the Instructions of 1791. See Article -JS, page 2R.

CONSTITUTIONAL DOCUMENTS

341

SESSIONAL PAPER No. 29c

As this cannot be done by the ecclesi-
astical authority at Quebec, I am not
competent to answer the Question

J. N.

The same Answer. The Legislature
alone can do this in England. I presume
therefore that it must be done by the
Legislative authority at Quebec.

J. N.

It is advisable to regulate these matters
by the same authority that erects the
Parish. If it is not so regulated, I
apprehend that the Rights and Duties
which by the Law of England belong
ordinarily to a Parish, will arise. The
Vestry will consist of the Parishioners,
paying Rates.

The Churchwardens are to be appointed
in the same manner as in England.

Dissenters I apprehend will have a
Right to vote in Vestry & will be subject
to pay to the Rates.

J. N.

ship or Parish which is or may be con-
stituted, the Governor & Council may
establish one or more Rectories, and
endow them with Lands, as therein: —
but no provision is made by the Act for
erecting and bounding Parishes, but by
His Majesty's Instructions to the Gover-
nor General, a Power is given to him by
the advice of the Council to erect
Parishes, as by the enclosed Extract (N**.
3)^ will appear.

Your Opinion is desired as to the mode
which ought to be followed for erecting
and bounding a Parish.

And whereas the Act above mentioned
gives a Power to erect one or more
Rectories in the same Parish.

Your Opinion is desired whether when
a Parish is once formed, it can be
divided into one or more Rectories and by
what means or Instruments.

When a Parish shall once be constituted,
and a Rectory created & endowed therein
and a Church built.

Will the right of creatimg a vestry be
incident to such a Parish? At what
period wiU the Right commence? and
who wiU have the Right to elect the
Vestry? And when the Vestry is once
elected, what powers will it be armed
with? And will it have the power of
electing Churchwardens, and obliging
them to do the duty of Churchwardens?
And will the Parish be obliged to keep the
Church in repair, and the Rector to keep
the Chancel? and will the Vestry have
any and what powers to levy assessments
or Rates for the above purposes & others
which may be incident to a Vestry.

Will the Roman Catholicks or Dissent-
ers of any such Parish to be created have
a right to be Members of the Vestry?
And if not, can they be bound by the Acts
of the Vestry and obliged to pay the
Assessments levied by them?

If there be any Parishes erected by the
Authority of the French Government, or
of the Galilean 'Church, or the See of

1. The authority of the Governor with the advice
parishes is contained in the Commission to the Governor.

of the Executive Council to erect
See page 8.

342

CAN AD I A y A RC HIVES

I cannot venture to answer this ques-
tion but must refer it to His Majesty's
other Law Officers.

J. N.

I am not aware that the Jurisdiction
T/ould be extended by the appointment
proposed; at the same time, considering
the nature of the authority to be exer-
cised, and that the Jurisdiction is (I pre-
sume) to be exercised over the whole
Diocese, the appointment of a Chancellor
seems to be adviseable.

J. NICHOLL
23 April 1808

4 GEORGE v., A. 1914

Rome previous to the Provinces coming
under the Dominion of His Majesty:

Is it competent for the Government
and Council to alter the descriptions &
boundaries of such Parishes, or to inter-
fere with them in any degree, or at least
so far as civil rights are concerned, it
being enacted by the 14*^^ of the King, C.
83. S. 8, that all Causes relative to
Property & Civil Rights shall be deter-
mined according to the Laws & Customs
of Canada.

As the Bishop of Quebec represents
that it would tend greatly to give
authority to his Commissary were he
raised to the dignity of an Archdeacon
-or a Chancellor, I am to desire you will
report your opinion,

Whether & how far the Appointment
of an Archdeacon or Chancellor (suppos-
ing His Majesty were pleased to authorize
the same) would extend the Jurisdiction
given to the Bishop by his Patent to be
exercised by himself or his Cc.mmissary.

PRIVILEGE OF THE LEGISLATIVE ASSEMBLY, LOWER CANADA.

JOURXALS OF THE LEGISLATIVE ASSEMBLY.^

Tuesday, 16th Fehruary, 1808.

The Honorable Mr. Justice Be Bonne, in his place, informed the House, that one
of the Members, while sitting in this House, on Saturday last, was called into the
Ward Robe adjoinin^g to this House, and that he was there served with a Writ of
Summons, to appear in one of His Majesty's Courts of King's Bench, for the District
of Quebec. Mr. Justice De Bonne therefore requested, that the Honorable Mr.
Justice Foucher,' who is the ]\rember in question, will inform the House, whether his
information is correct or not.

The Honorable Mr. Justice Foucher being thereunto required, acquainted the
House, that on Saturday last, at five o'clock in the afternoon, being then in his place,
in the House, and taking part in the debates, he was called by the Messenger Welling,
who told him some one wanted him in the Ward Robe : that he went out immediately,
and that outside the door of the House, the Messenger Welling, pointed at a man
standing near the desk in the Wardrobe^ whom he (Mr. Foucher,) did not know. That
the man so pointed at, came within two paces of him, and put into his hands, two

1. From the Journals of the House of Assembly of Lou-er-Canada, Quebec, 1808.

2. Louis Charles Foucher was born in 1760. He became an advoc-ate for the district of
Montreal in 1787, and began the practice of law in Montreal. In 1795, he was appointed
Solicitor General for the Province and in the following year was elected to the Legislative
Assembly for the Western Division of Montreal. During the succeeding parliament he repre-
sented the County of York and in the fourth parliament the town of Three Rivers. In
January, 1803. he was appointed a provincial judge for the District of Three Rivers, and in
December, 1812, was promoted to the Court of King's Bench for the District of Montreal.
Charges of impeachment were laid against him by the Legislative Assembly in 1817 and he
was temporarily suspended pending the decision of the case. The charges were not pro-
secuted by the Assembly and directions were given for his reinstatement. He died at Mont-
real on the 26th of December, 1829.

COXSTITUTIONAL DOCUMENTS 343

SESSIONAL PAPER No. 29c

papers, telling liini he had orders to serve them upon him, and that they were two
Summons at the Suit of Mr. Ezelciel Hart;^ Mr. Justice Foucher added, that the said
Summons required his appearance before the Court of King's Bench of this District,
on Thursday the eighteenth instant, to answer to their contents.

On motioa of Mr. Justice De Bonne, seconded by Mr. Berthelot.
Ordered, That Augustus Welling, one of the Messengers of this House, do appear at
the Bar of this House, to inform the Members thereof, what person it was,
that on Saturday last desired him to call Mr. Justice Foucher into the Ward
Robe, and for what purpose.
Augustus Welling, Messenger to this House, appeared at the Bar accordingly, and
being questioned by Mr. Speaker,

He acquainted the House, that a man of the name of Johnston, desired him, on
Saturday last, to call Mr. Justice Foucher out of the House: that he has seen the
said Johnston receive Warrants from Masters of vessels, and convey sailors on board
of ships, bvxt cannot say whether he, Johnston, is a Bailiff or Constable; that he saw
Johnston speak to Mr. Justice Foucher in the Ward Robe, but did not hear what
passed between them.
He then retired.

On motion of Mr. Justice De Bonne, seconded by Mr. Berthelot,
Ordered, That Mr. P. E. Deharats, French Translator to this House, do appear at the
Bar of this House, to acquaint the Members thereof, who is the said Johnston,
and give such other information that he may possess, touching the present
enquiry.
Mr. P. E. Dehurats, French Translator to this House, appeared at the Bar accord-
ingly.

And being questioned by Mr. Speaker,

He acquainted the House, that he knows Johnston to be one 'of the Bailiff's of
the Court of King's Bench, having had occasion to employ him in that capacity, that
he saw the said Johnston speak to Welling the Messenger, in the Ward Robe, on
Saturday last, and that Welling went into the House, and returned with Mr. Justice
Foucher, into the Ward Robe, to whom Johnston spoke.
He then retired.

The Honorable Mr. Justice De Bonne, in his place, acquainted the House, that
John Johnston, is one of the Bailiffs of the Court of King's Bench, for the District of
Quehec, and that there is no other Bailiff of the same name.

On motion of Mr. Justice De Bonne, seconded by Mr. Mondelet,
Resolved, That a Committee of seven Members, be appointed to search for precedents
and report whether the Summons given by John Johnston, one of the
Bailiff's of the Court of King's Bench, to a Member of this House, in the
Ward Robe, during the sitting of the House, is a breach of the privileges
of the Members of this House.

Monday, 29th February, 1808.

Mr. De Salaherry, from the Committee appointed to search for precedents and to
report whether the summons given by John Johnston, one of the Bailiffs of the Court
of King's Bench, to a Member of this House, in the Ward Robe during the sitting of
the House, is a breach of the privileges of the Members of this House, reported, that
in pursuance to the order of reference, the Committee had proceeded to search for
precedents, and had framed a report thereon, which he was directed to submit to the
House whenever it shall be pleased to receive the same.

1. See pa^e 352, note 1.

344 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

And he read the report in his place, and afterwards delivered it in at the Clerk's
Table, where it was again read, and is as followeth, viz^:

Your Oommittee in pursuance of your reference to them, upon the subject of a
breach of privilege, regarding the summons of Mr. Justice Foucher, a Member for
the Borough of Three-Rivers, which was served upon him in the Ward Robe, or Anti-
chamber, being an appendage of the House, proceeded to read and consider the fol-
lowing Acts of the Parliament of Great-Britain, for restraining the privilege of
Parliament, viz*:

12th and 13th, of William 3d, chap. 3d.^

4th, Geo: 3d, BS.-

10th, Geo: 3d, 50.=^

Whereby it appears, that, previous to the passing of those Acts, no Member could
be proceeded against, either by arrest or otherwise, for any debt due by him.

That since those restraining Acts, it has been lawful to institute suits against
Members of Parliament for debts, by summons in lieu of arrest or mesne process as is
the case in respect to unprivileged persons.

Your Oommittee further proceeded at different times, to make diligent search
in the Journals of the Commons of Great-Britain for precedents, but being unable
to find anything directly applicable to this particular case, are reduced to the neces-
sity of reporting their opinion upon the whole circumstances, as to what would prob-
ably have been the decision of the Commons of Great Britain, if the fact had hap-
pened there.

The Act of William the 3d, before cited, which allows of the issuing of Summons
against a Member of Parliament, establishes that the same be served, by leaving a
copy thereof with the defendant, or at his house or lodgings or last place of abode.

Now it cannot be supposed that the Commons, hitherto so jealous of their privi-
leges, could in cases of relaxation therefrom, ever intend to carry the same beyond the
bounds of strict necessity, and consequently could not sanction the service of a Sum-
mons by leaving a copy of the same with the defendant, either in the Commons
House of Parliament, or in any of the appendages or appointments thereto appertain-
ing; because such a procedure so far from being necessary to the Plaintiff's relief,
would have gone to authorise the means of over awing a Member when in actual
attendance upon his Parliamentary duty, and could not operate otherwise than an
insult to the House, and restraint upon the freedom of its proceedings.

In this view of the case referred to your Committee, they cannot but consider
the sending for Mr. Justice Foucher, a Member of the House, when attending in his
place in the Assembly, and on his coming out into the Wardrobe (being one of the
apartments thereof) serving on him a Summons, as an Insult to the House, and a
breach of its privileges.

Tuesday, 8th March, 1808.

The order of the day for taking into consideration, the report of the Special Com-
mittee appointed on the 16th February last, to search for precedents, and report,
whether the Simimons given by John Johnston, one of the Bailiff's of the Court of
King's Bench, to a Member of this House, in the Wardrobe, during the sitting of the
House, is a Breach of the privileges of the Members of this House, being read —

The House proceeded accordingly to take the said report into consideration.

And the said report was read throughout by the Deputy Clerk.

1. An Act for preventing any inconveniences that may happen by privilege of Parlia-
ment.

2. An Act for preventing inconveniences arising in cases of merchants, and such other
persons as are within the description of the Statutes relating to bankrupts, being entitled to
privilege of Parliament and becoming insolvent.

3. An Act for the further preventing delays of Justice by reason of privilege of parlia-
ment.

CONSTITUTIONAL DOCUMENTS 345

SESSIONAL PAPER No. 29c

Mr. De Salaherry moved to resolve, seconded by Mr. Mure,

That to send for a Member of tbis House, when in his place, attendant on the
duties thereof, and on his withdrawing in consequence into an apartment thereof, or
appendage thereto appertaining, to serve upon him, a Summons or other civil pro-
cess, is a breach of the privileges of this House.

The House being moved that the information given by Mr. Justice De Bonne,
and the succeeding entries relating thereto, on the 16th February last, be now read.

The said information and entries were read accordingly.

Mr. Attorney -General moved, seconded by Mr. Taschereau, the previous question
on Mr. De Salaberry's motion, viz*:

Shall the question be now put?

The House divided. Yeas 19; Nays 3.

And the question being put upon the main motion.

The House again divided, and there being a majority of sixteen for the affirma-
tive.

Resolved^ That to send for a Member of this House, when in his place, attendant on
the duties thereof, and on his withdrawing in consequence into an apart-
ment thereof, or appendage thereto appertaining, to serve upon him, a
Summons or other civil process, is a breach of the privileges of this House.

Mr. Richardson moved to resolve, seconded by Mr. Mure,

That John Johnston, a Bailiff of the Court of King's Bench, in sending for Mr.
Justice Foucher, a Member of this House, when attendant on his duty therein, and
on his withdrawing in consequence into the Wardrobe or Antichamber thereof, hav-
ing served upon him, a Summons, is guilty of a contempt and breach of the privileges
of this House,

Wliereupon, Mr. Attorney-General, seconded by Mr. Blackwood, moved the pre-
vious question, videlicit:

Shall the question be now put?

The H/)use divided : Yeas 19 ; Nays 3.

The question was, accordingly put upon the main motion, the House again
divided, and there being a majority of sixteen for the affirmative.

Eesolved, That JoJin Johnston, a Bailiff of the Court of King's Bench, in sending
for Mr, Justice Foucher, a Member of this House, when attendant on his
duty therein, and on his withdrawing in consequence, into the Wardrobe or
Antichamber thereof, having served upoai him, a Summons, is giuilty of a
contempt and breach of the privileges of this House.

Mr. Richardson moved to resolve, seconded by Mr. Mure.

That John Johnston, a Bailiff of the Court of King's Bench, for such breach of
the privileges of this House, be taken into custody by the Sergeant at Arms, and that
Mr. Speaker do issue his Warrant accordingly.^

The House divided on the question: Yeas 19; Nays 3.

And there being a majority for the affirmative, it was Resolved accordingly.

1. On the following day a petition fiom Mr. Johnson was received by the Speaker in
which the petitioner expressed sorrow for having;, through ignorance of the privileges of the
House, incurred the displeasure of the Assembly and prayed that the House would pardon
his transgression. It was then resolved that no further proceedings be taken against Mr.
Johnson.

346 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

PEOCEEDINGS RELATIVE TO THE IMPRISONMENT OF JOSEPH WILL-
COCKS FOR CONTEMPT OF THE HOUSE OF ASSEMBLY,
UPPER CANADA.!

JOURNAL OF HOUSE OF ASSEMBLY^ UPPER CANADA.

Thursday, 18th February, 1808.

Captain Cowan rose up in his place, and did inform the House that an Llonor-
able Member (W. Willocks).- had made use of language out of doors derogatory to
the honor and integrity of this Honorable House, and nearly in these words, " That
the Members of the House of Assembly dared not to proceed in the prosecution they
had commenced again him. He was sorry they did not continue it; it would have
given him an opportunity of proving they had been bribed by General Hunter; and that
he had a Member of the House ready to come forward to give testimony to that effect."
The Gentlemen that were present were Titus Simmons, Samuel S. "Willmott, Surveyor
of Lands and Dr. James Glennon, Practitioner of Physic in this Town.

Upon motion of Mr. Sherwood, seconded by Mr. Clench,

Ordered, That the House do now resolve itself into a Committee of Privileges
of the Whole House, to take into its consideration the said information.

The House according resolved itself into said Committee.

Mr. Speaker left the Chair.

Mr. Swazey was called to the Chair of the ConuTiittee.

Mr. Speaker resumed the Chair.

And Mr. Swazey reported to the House that the Committee had come to several
Resolutions on the subject referred, which they had directed him to report to the
House whenever it would be pleased to receive the same.

Ordered, That the Report be now received.

And he read the Report in his place, and, having delivered in the same at the
Table, it was again read throughout by the Clerk, and is as follows.

Resolved, That it is the opinion of this Committee that the expressions said to be
made use of by Mr. Joseph Willcocks are false, slanderous, and highly derogatory to
the dignity of this House.

Resolved, That it is the opinion of the Committee that the Speaker be authorized
to send for any witness that he may think necessary, to be examined at the Bar of
this House touching the information given to this House by Capt. Cowan a Member
of this House, against Joseph Willcocks.

Resolved, That it is the opinion of the Committee that a day be fixed by the
House for the trial of Mr. Joseph Willcocks, a Member of this House.

The Solicitor General, seconded by Capt. Cowan, moved that the House do
concur with the Committee in their Resohitions just i-eported.

The House accordingly concurred in the said Resolutions.

Ordered, That the Clerk will give Mr. Willcocks a copy of the paper read by
Capt. Cowan.

Capt. Cowan moved, seconded by Mr. Solicitor General, that Saturday next be
appointed for the day of trial of Mr. Joseph Willcocks. »■'

Ordered accordingly.

1. From the type written Journal of the Hovse of Assembly of Upper-Canada for the
year 1808.

2. Joseph Willcocks had been elected for the West Riding of York, the first Riding of
Lincoln and the County of Haldimand to fill the vacancy caused by the death of Solomon
Hill. He took the oath and was admitted to the House on the 26th of January, 1808.

COXSTITITIOXAL DOCUMEXTS 347

SESSIONAL PAPER No. 29c

Mr. Willcocks moved, seconded by Mr. Rogers, that he be permitted to remain in
his place during his trial, and that he be also permitted to put such inteiTogatories to
the evidences as may se«m to him necessary.

Which was ordered accordingly.

Saturday, 20th February, 1808.

Mr. Speaker informed the House that agreeable to the Order of this House he
had issued his Summons, commanding the attendance of Titus Simons, Samuel S.
Willmot, Surveyor of Lands, and Dr. Glennon, Practitioner of Physic in the Town
of York, at the Bar of this House this day, at ten o'clock in the forenoon; to give
evidence touching the information now before this House respecting Joseph Will-
cocks, one of its Members.

On motion of Mr. Solicitor General, seconded by Captain Cowan,

Ordered, That the proceedings of this House on the Eighteenth instant, relating
to Joseph Willcocks, one of its Members, be now read.

The Proceedings were accordingly read.

Dr. Glennon was then called to the Bar, to give evidence touching the charge
exhibited against Joseph Willcocks, a Member of this House.

Samuel S. Willmott was next called to the Bar, to give testimony touching the
charges exhibited against Joseph Willcocks, a Member of this House.

The evidence on the part of the House was closed.

Mr. Willcocks, by permission, cross-examined the witnesses.

Mr. Willcocks moved, seconded by Mr. Sherwood, that he may be permitted to
call such witnesses in his behalf as may seem to him necessary.

Permission was accordingly gfven him to examine such evidence as he thoiigbt
necessary.

After the evidence on the part of Mr. Willcocks had been gone through: —

Captain Cowan moved, seconded by Mr. Sherwood, that it is the opinion of this
House that Joseph Willcocks is guilty of the Charge alleged against him.

The House unanimously resolved the same.

Captain Cowan then moved, seconded by Mr. Sherwood, that Joseph Willcocks be
taken into the custody of the Serjeant at Arms and be committed to the Common
Gaol of this District.

Resolved unanimously, That Joseph Willcocks be committed to the Common
Goal of the District, and that the Speaker do issue his warrant for that purpose.

Mr. Speaker then read the Warrant which he signed by order of the House, and
is as follows: —

Alexander McDonell, Esquire, Speaker of the Honorable the Commons House of
Assembly.

To the Sheriff of the Home District, Greeting.

By virtue of the power and authority in me vested by the Honorable the Com-
mons House of Assembly, you are hereby ordered and required to receive into the
Common Gaol of your District the body of Joseph Willcocks, and him safely to keep
until discharged by due course of law, the said Joseph Willcocks having been con-
victed of a contempt of the Commons House of Assembly.^

Given under my hand and seal at York, this 20th day of February, 1808.

(Signed) ALEX'R McDONELL,

Speaker.

1. On Monday the 22nd of February, the Sergeant-at-Arms reported that Joseph Will-
<ocks had been delivered into the custody of the sheriff of the district.

348 CANADIAX ARCHITES

4 GEORGE v., A. 1914
Wednesday, 16th March, 1808.

Captain Cowan, seconded by Mr. McLean, moved that Joseph Willcocks be this
day discharged from imprisonment, and that the Speaker do issue his warrant for
that purpose.

The Speaker accordingly issued his Warrant, which is as follows.

Alexander McDonell, Esquire, Speaker of the Honorable the Commons House of
Assembly,
To the Sheriff of the Home District, Greeting,

By virtue of the power and authority in me vested by the Commons House of
Assembly.

You are hereby ordered and required to discharge from your custody this day
Joseph Willcocks, Esquire, who was, on the Twentieth day of February last past,
committed to the Gaol of the Home District, he having on that day been convicted
of a contempt of the said House of Assembly; and for so doing this shall be your
sufficient warrant.

Given under my hand and seal at York this Sixteenth day of March, 1808.

(Signed) ALEX'R McDONELL,

Speaker.

OBSERVATIONS RELATIVE TO iTHE POLITICAL STATE OF LOWER
CANADA, BY MR. RYLAND.^ -

There is reason to apprehend that the time is fast approaching when the House
of Assembly of Lower Canada wiU become the centre of sedition, and a receptacle for
the most desperate demagogues in the Province; nor does there at this moment
appear to be any existing means, (except such as arise from the known vigour and
ability of the Governor in Chief,) to counteract the projects which such a House of
Assembly may form.

To remedy the evil it will require much wisdom, joined to a preponderating
English iniluence, both in the" Legislative and Executive Councils. It will equally
require intelligence, firmness and capacity on the part of His Majesty's Justices of
the Provincial Courts of King's Bench, who may eventually have to decide on points
of the highest importance arising out of the wild, disorganizing pretensions of the
Assembly.

Tt must be evident to every person who is acquainted with the actual state of
things here, that neither the Bench nor the Councils, as they are at present com-
posed, would be able to afford an adequate check to a bold, systematical attempt on
the part of the Assembly to obtain a mischievous preponderance in the Provincial
Legislature; much less could those bodies be expected to co-operate in a general plan
for assimilating the Colony in its religion, laws and manners, with the Parent State.

It is humbly suggested that, preparatory to measures of a niore particular nature,
it would be advisable to add eight or ten members to the Legislative Council, three
or four of whom might be Canadians of the most respectable character and families,
and the remainder Englishmen of the best stamp and abilities, that are to be found
in the Province, and whose attendance might at all times be depended on. It may
be well deserving the attention of Government to consider whether it would not be
advisable to give a seat in the Council to two or more Military Officers of the higher
ranks, holding staff appointments in the Province, that may be regarded as per-
manent.

597. The text of these Observations is taken from I nterestinp Public Documents and
Official Correspondence, iJlvstraiive of, and svppJemeniary to the History of Lower Canada,
published by Robert Christie, Montreal, 1855 and forming Vol. VI. of Mr. Christie's History
of Lower Canada. A note inserted by Mr. Christie states that this document was written in
the month of Mav. 1808.

2. See the note on Mr. Eyland, page 280, note 1.

CONSTITUTIONAL DOCUMENTS 349

SESSIONAL PAPER No. 29c

It is suggested that the two senior Judges at Quebec/ (who are both of them
upwards of seventy-three years of age,) should be permitted to retire on pensions;
that, in appointing their successors, the utmost care should be taken to select men
of capacity and firmness; Englishmen whose natural ties and habits attach them to
the laws and religion of the Parent State.*

By English is here meant persons born and educated in any part of His Majesty's
European Dominions.

With a view to the furtherance of the objects contemplated, it would be advis-
able to establish a corporation for the advancement of learning, agreeably to the Pro-
visions of the Provincial Statute, 41 Geo. Ill, cap. 17," and to solicit His Majesty's
decision with respect to the Jesuits and the St. Sulpician Estates.f

It will be seen on a perusal of the Act above mentioned, that a most powerful
means is thereby afforded for encreasing the influence of the Executive Government,
and for gradually improving the political and religious sentiments of the Canadians.

Connected with the above objects, the settlement of the waste lands of the Crown
becomes a matter of the utmost consequence. The system of associated companies,
which was adopted for this purpose in the year 1793, may now be considered as aban-
doned: but the Royal Instructions of August, 1807,^ to the present Governor in Chief,
shew that it is not His Majesty's intention to restrict or regulate the granting of the
waste lands in any other way than that which was prescribed by the Instructions of
1791 to Lord Dorchester.

This being the case, and the project afterwards brought forward of selling the waste
lands for the purpose of raising a revenue, having failed, it is to be presumed that
the Govemor and Executive Council are left at liberty to adopt such a system as
they shall think proper, under the present Instructions, for encouraging the settle-
ment of the country; and nothing would so effectually contribute to this end as an
Act of the Imperial Parliament, empowering the Govemor, with the advice of the
Executive Council, in cases where the inhabitants of any township, (or several town-
ships collectively, to be formed into counties or districts,) shall amount to a certain
number of freeholders, (say one or two thousand, and upwards,) to issue a writ

* Mem. Subsequent experience hath deeply convinced me, that infinite advantage to the
King's interests would be obtained by choosing from among the practitioners at the bar at
home, (iind upon the recommendation of the Lord Chief .Justice), not only the Provincial
Attorney and Solicitor General but the two Chief Justices (if two be necessary), and at
least one-third of the Provincial Puisne Judges, the latter of whom should have seats in the
Legislative (but not the Executive) Council. By this means the Crown might secure to
itself the support of firm, able, upright and dignified characters, men attached by birth and
education to the Parent State and to Monarchical principles, and there is no doubt but it
would in the end be found infinitely less expensive to secure the services of such men _ by
competent and liberal salaries than to incur the risk of having the Province revolutionized
through the want of them. Above all things, however, care should be taken that these
appointments may not degenerate into a job, and that the places be not chosen for the men,
instead of the men being chosen for the places. Such a system of patroiiage would only
render matters worse. — R. Quebec, ISIS.*

t For particulars relative to the Jesuits and St. Sulpician Estates see subsequent corre-
spondence."

1. Mr. Dunn and Mr. Williams were the senior Judges at Quebec. See page 14, note 5,
and page 68, note 2.

2. This Act, " An Act for the Establishment of Free Schools and the Advancement of
Learning in the Province," authorized the Governor to appoint a " Royal Institution for the
Advancement of Learning." This corporation was entrusted with the management of all
estates appropriated to the schools of royal foundation and, subject to the approval^ of the
Governor, with the formation of rules, orders and statutes of the schools. The appointment
and removal of schoolmasters was vested in the Governor.

3. For the Instructions to Sir James Craig see the Canadian Archives, M. 231, page 76.
The instructions regarding the granting of the waste lands of the Crown remained the same
as those issued to Lord Dorchester in 1791. See Articles 31 to 38 of the Instructions to Dor-
chester, page 21.

4. This memorandum by Mr. Ryland is inserted by Mr. Christie.

5. That note by Mr. Christie refers to the correspondence which follows in his volume
relative to the appropriation of the income from the Jesuit and St. Sulpician Estates for the
purposes of education.

350 CANADIAN ARCH IVES

4 GEORGE v., A. 1914

authorizing the election of a member to represent such township, county or district,
in the Assembly. Such an Act would not only encourage the settlement of the waste
lands, and attach the inhabitants of the townships to His Majesty's Government, by
enabling- them to participate in the legislation of the Province, but it would provide
an effectual check upom the French or Roman Catholic party, which has at this time
an alarming preponderance.

It may be here remarked that the English settlers in the townships are esti-
mated at upwards of fourteen thousand, and that the division of the Province, pur-
suant to Lieutenant Governor ('lark's proclamation,^ (under the Canada Act of the
year 1Y91,) for the purpose of regulating the election of members to serve in the
Assembly, was made prior to the erection and settlement of the townships, and secure
the election of tivo English members only throughout the Province, namely, one for
the inferior District of Gaspe, and one for the Borough of William Henry, where the
English inhabitants happen to have a majority of votes.*

It is hardly possible to attach too much importance to this subject, or to place
it in too prominent a point of view, as it shews the absolute necessity of an Act of
the Imperial Parliament, if it is intended that there ever should be any thing like
an English influence in the inferior branch of the Provincial Legislature, for it is not
to be expected that a House of Assembly, made up as the present, will ever suffer a
Bill to pass for the encouragement of English settlers, and much less one which
would afford such settlers the means of representation in that House.

H.W.Pt.

An error, liowever, as to Gaspe, where the majority of voters have always been, and are,
of Frei ch origin.— R.C.

REPORT ON THE DISADVANTAGES ARISING FROM THE ELECTION OF
JUDGES TO THE LEGISLATIVE ASSEMBLY, LOWER CANADA.

JOURNALS OF THE HOUSE OF ASSEJ[BLY, LOWER CANADA.^

Wednesday, 10th May, 1809.

Mr. Bourdages, from the Committee, appointed to enquire if any, and what incon-
veniencies have arisen from Elections, where tlie Judges of this Province have offered
themselves as candidates,* reported; that in pursuance to the order of reference, the
Committee had proceeded to make the said enquiry, and had framed a report thereon,
v\diich he was directed to submit to the House, whenever it shall be pleased to receive

1. See page 60.

2. A note added by Mr. Christie.

3. From the printed Journals of the House of Assembly of Lower-Canada.

4. In the session of 1808. the Legislative Assembly considered the question of the wisdom
of permitting judges to be elected to the Assembly and, in a Committee of the Whole House,
resolved "That it is the opinion of this Committee, that it is expedient to declare, that the
Judges of the Court of King's Bench now established, the Provincial Judges of the Districts
of Three Rivers, .and of Gaspe, and all Commissioned Judges of any Courts that may here-
after be established in this Province for the decision of Civil Causes, are incapable of being
elected, or of sitting or of voting in the House of Assembly of any Parliament of this Prov-
ince, as Knights, Citizens, or Burgesses, of any County. City, Borough or Town." (Journals
of the House of Assembly of Lou-er-Cauada. 1808, page 158.) In accordance with this resolu-
tion a Bill was passed by the Assembly but was defeated by the Legislative Council.

In the following session the question was again discussed with the result that a Com-
mittee was appointed " to enquire if any, and what inconveniences have arisen from elections
where the Judges of this Province offered themselves as Candidates, with power to send for
persons and papers, and to report with all convenient speed." (Journals of the House of
Assembly of Lower-Canada. 1809, page 168.) See also Craig to Castlereagh, June 5, 1809, page
360.

Several witnesses were examined by the Committee and their evidence, forming part cf
the report, may be found in Appendix No. 23 to the Journals of the Assembly for 1809. Follow-
ing the adoption of the report of the Committee a Bill was introduced excluding Judges from
the Assembly, but the House was dissolved before the Bill could be passed. For the Act (f
1811 excluding Judges from the Legislative Assembly see page 420.

CONSTITUTIONAL DOCUMENTS 351

SESSIONAL PAPER No. 29c

the same: and lie read the report in his place, and afterwards delivered it in at the
Clerk's table, where it was again read; and is as followeth; viz}

*******

From the foregoing testimonies, your Committee is of opinion, that many incon-
venienses have arisen from a Judge of the District of Quehec,- having proposed him-
self as a Candidate at the Election for the County of Hampshire, in 1796, and at the
elections of the Upper Town and County of Quehec, in 1804, and at the last Election
of the Coimty of Quebec, and that he was proposed as Candidate, to the Electors for
the County of Northumberland in 1800, and last year.

And that these inconveniencies are as follows:

1st. That the liberty of the Electors has been constrained. 2d. That the dignity
of a Judge has been exposed. 3d. That the character of the said Judge who proposed
himself as Candidate as above mentioned, and his reputation and integrity are
suspected. 4th. That confidence in the administration of Justice has been diminished.

That it appears also to your Committee, that inconveniencies have arisen from a
Judge of Three Rivers proposing himself as a Candidate at the Election for the
Borough of Three Bivers, in 1808,^ by which the dignity of the Judge was exposed.

That no inconveniencies appear to your Committee to have arisen from a Judge
of the district of Montreal* being proposed as a Candidate at the Election of the east-
ward of the City of Montreal, in one thousand eight hundred, but that the said Judge
has since acknowledged, that great inconveniencies might result from Elections, where
Judges step forward as Candidates; and that he has declined ever since offering him-
self as a Candidate.

Signed

LS BOURDAGES
Chairman.

PROCEEDINGS RELATING TO THE EXPULSION OF EZEKIEL HART
FROM THE HOUSE OF ASSEMBLY OF LOWER-CANADA.^

JOURNALS OF THE HOUSE OF ASSEMBLY, LOWER-CANADA.

Friday, 29th January, 1808.
**,*****

Mr. Berthelot acquainted the House, that Ezehiel Hart, Esquire, returned to
represent the Borough of Three-Rivers, had taken the Oaths, and was waiting without
the Bar to be admitted.

A Member having asked, whether Mr. Hart took the Oaths in the customary
manner?

1. The first part of the report contains the minutes of evidence and is not reproduced.

2. Pierre Amable De Bonne, one of the .Judges of the Court of King's Bench for the Dis-
trict of Quebec had teen a candidate at the election for the County of Hampshire in 1796.
Mr. De Bonne had likewise been a member of the Executive Council since 1794. In the first
Parliament of the Province he represented the County of York in the Assembly. From 179G
to 1804 he sat for Three Rivers and from 1804 to 1810 for the County of Quebec. He was de-
feated in the County of Northumberland in 1800.

For the proceedings relating to the expulsion of Mr. DeBonne see page 370, and also
Craig's comments on the conduct of the Assembly in his address, page 371, and in his letter to
Lord Liverpool, paq^e 374.

3. Louis Charles Foucher, the Provincial Judge of the District oif Three Eivers was a
candidate in the election for the Borough of Three Eivers in 1808. See page 342, note 2.

"^ 4. Pierre Louis Panet, one of the Judges of the Court of King's Bench for the District of
Montreal, was elected to the Legislative Assembly for the Eastern Division of Montreal in
1800.

5. From the Journals oj the House of Assembly of Lower-Canada for the years 1808 and
1S09.

352 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Mr. Berthelot added, that Mr. Hart took the Oaths on the Bible, his head being
covered.

Mr. Turgeon, informed the House, that he was present with Mr. Berthelot, when
Mr, Hart took the Oaths, and that he did take the said Oaths in the manner described
by Mr. Berthelot.

Monday, 1st Fehruary, 1808.
* * . * * * * *

The House was moved, that the entry of the twenty-ninth of January last, respect-
ing the application of Ezehiel Hart, Esquire, to be admitted to take his seat as a
Member of this House for the Borough of Three-Rivers, be now read.
And the said entry being read accordingly.

Mr. Berthelot acquainted the House that in the information given by him on the
twenty-ninth day of January last he said that Ezehiel Hart, Esquire, had talien the
Oath and not the Oaths.

Upon motion of Mr. Attorney General, seconded by Mr. Justice de Bonne,
Eesolved, That it is the opinion of this House, that Ezehiel Hart, Esquire, returned
to represent the Borough of Three-Rivers, hath not taken tlie Oath in the
customary manner.
Ordered, That the Clerk Assistant of this House do furnish the said Ezelciel Hart,
Esquire, with a Copy of the next preceeding resolution, to the end that he
may thereupon pursue such further course in the premises as the law of
Parliament may be found to require.

Friday, 12th February, 1808.
*******

A petition of Ezehiel Hart, Esquire, returned to represent the Borough of Three-
Rivers, was read by Mr. Mure, in his place.

Mr. Mure moved, seconded by Mr, Berthelot, that the said petition be now brought
up.

The House was then moved, that the information giiven to this Hbuse, on the
twenty -ninth day of January last, touching the manner in which Mr. Hart had taken
the Oaths; with the resolution and order of the House on the said information, the
first of February instant; as also the petition presented to this House, the ninth
instant, from Thomas Coffin, Esquire,^ against the return of the said Ezehiel Hart,
be now read.

The said information,, resolution, order and petition, were read accordingly.

The question was now put, viz:

That the petition of Ezehiel Hart, Esquire, be brought up?

*******
Ordered, That the said petition be brought up. I

The said petition was, accordingly brought up and read,

Setting forth: — That to his deep regret, a resolve of this House has been com-
municated to him, expressive of the petitioners not having taken the Oath in the
customary manner.

1. On the 9th of February, a petition was received from Mr. Coffin setting forth that
Ezekiel Hart, being of the Jewish religion, was incapable of taking the oaths required and
therefore of sitting and voting in the House of Assembly and that the votes given him at the
elgotion ought to be considered as null and void and requesting that the petitioner, having a
majority of legal votes, be declared elected for the Town of Three Rivers.

I

C0N8TITUTI0XAL DOCUMENTS 353

SESSIONAL PAPER No. 29c

That on the 29th daj* of January last, ho duly did take the Oath as prescribed
by Statute 31st of his present Majesty, chapter 31st, Section 29th/ to qualify the
petitioner to a seat in this House.

That the said Oath was administered to the petitioner in a conscientious and
lawful manner as directed by His Majesty's Commissioners, and that the petitioner
regards the said Oath on his part legal, binding and sacred to every purpose whatso-
ever.

That however sensible he is, that he has taken the Oath according to the true
meaning of the Constitutional law of this Province, yet he will not object to have the
same re-administered to him in, the usual form.

The petitioner therefore humbly solicits, that the House will be pleased to admit
the petitioner to take his seat accordingly.

Wednesday, 17h February, 1808.

Ordered^ That the entries in the Journals touching the manner in which Ezehiel
Hart, Esquire, (returned to serve in this Hoiise as a Member for the
Borough of Three-Rivers) took the oath prescribed by the 31st of his
present Majesty, chapter 31st, be now read —
And the said entries were read accordingly.
Resolved, That the manner in which the said Ezeldel Hart, Esquire, took the said
Oath is that practised in Courts of Justice, when Oaths are administered
to persons professing the Jewish religion.
Resolved, That this House do now receive information from the Members thereof,
or any of them, touching their knowledge of the religious profession of
Ezehiel Hart, Esquire.
Accordingly the House proceeded 'to receive the said information.
And Mr. Mure in his place, acquainted the House, that a few days ago, Mr. Hart
informed him, personally, that he was brought up in the profession of the Jewish
religion, and that he was still of that persuasion.

And Mr. Mondelet, in his place, acquainted the House, that in a recent conversa-
tion with Mr. Hart, the said Mr. Hart, told him, he could not deny that he was a
Jew; that he had always professed, and did still profess the Jewish religion; and
that this avowal on the part of Mr. Hart, was made since he has been soliciting to be
permitted to take his seat in the House, and since he took the Oath.

And the Honorable Mr. Justice Fouclier, in his place, acquainted the House,
that to his certain knowledge, the said Ezehiel Hart, is a professed Jew; tliat he has
attained this knowledge from having known him to be a Jew from the beginning of
the year 1803. That he (Mr. Hart) follows the Jewish customs, and that in the
Courts of Justice he never took the oath but in the form it is taken by Jews. Mr.
Justice Foucher, further added, that as a Judge, he particularly knows the said Hart
to be a Jew; as he had, lately, in person, pleaded before him, for certain privileges
.to which he conceived he had a right, to wit: that of not being summoned to appear
in the Courts of Justice on Saturday, it being his Sabbath day, and that of the Jews.
Resolved, That it appears to this House, that Ezehiel Hart, Esquire, returned to
serve in this House as a Meml)er for the Borough of Three-Rivers, is of the
Jewish profession of religion.

1. For a copy of the oath prescribed see Constitutional Documents, 1759-1791, Shortt and
Doughty, 1907. page 701.

29c— 23

354 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Resolved^ That the said Ezekiel Hart, Esquire, be heard at the Bar of this House,
on Friday next, by himself or Council, if he shall see fit, on the legality of
his pretentions to take his seat in this House, and to sit and vote therein,
notwithstanding his being of the Jewish religion, and his having taken
the Oath in the manner customary only for persons of that persuasion.^
Ordered, That a copy of the Resolutions and information of this day, respecting the
said Ezekiel Hart, Esquire, be furnished to him by the Deputy Clerk of
this House,
*******

Saturday, 20th February, 1808.
*******

The order of the day for the House to resolve into a Committee of the whole, to
take into further consideration, the petition of Ezekiel Hart, Esquire, being read —
The House accordingly, resolved itself into the said Committee.
Mr. Speaker left the Chair,
Mr. Vige took the Chair of the Committee;
Mr. Speaker resumed the Chair,

And Mr. Vige reported, that the Committee had come to a resolution, which he
was directed to reix)rt to the House, whenever it shall be pleased to receive the same.
Ordered, That the report be now received.

And he read the report in his place, and afterwards delivered it in at the Clerk's
Table, where it was again read, and is as followeth, vizt;

Resolved, That it is the opinion of this Committee, that Ezekiel Hart, Esquire, pro-
fessing the Jewish Religion, cannot take a seat, nor sit, nor vote in this
House.
Mr. Justice Foucher moved, seconded by Mi'. Cartier, that the question of con-
currence be now put upon the said resolution.
The House divided upon the question :

Yeas 21.
Nays 5
Ordered, That the question of conicun-ence be now put upon the said resolution.
Accordingly, the said resolution was again read, and the question put thereon,
The House again divided:

Yeas 21
Nays 5
So it was carried in tlie affirmative, and
Resolved^ That Ezekiel Hart, Esquire, professing the Jewish Religion, cannot take

a seat, nor sit, nor vote in this House.
*******

Wednesdmj, 19th April, 1809.

*******

Mr. Mondelet moved, seconded by Mi*. Tresiler, to resolve, that Ezekiel Hart,
Esquire, returned as one of the Representatives of the Borough of Three-Rivers, to
serve in the present Provincial Parliament, and who is now sitting! in this House, is
the same Ezekiel Hart, who was returned to serve in the Fourth Session of the Prov-
incial Parliament, in the room of the late Honourable John Lees for the aforesaid
Borough.

1. On the appointed day, Mr. Hart was heard at the Bar of the House and the Assembly
resolved that on February 20th it would resolve itself into a Committee of the Whole House
to further consider Mr. Hart'jj petition.

CONSTITUTIONAL DOCUMENTS 355

SESSION/'L PAPER No. 29c

On motion of M'r. Bourdages, seconded by Mr. Jos. Turgeon;
Ordered, That Mr. Mondelet's motion, be amended as follows; viz:

After " Resolve " leave out all the other words and insert, " that this House do
'' now receive information, through the Members thereof, or any of them, whether
" Ezehiel Hart, Esquire, returned as one of the Members of this House, to sit therein,
" in the room and stead of the late Honorable John Lees, is the same Ezehiel Hart
" who is returned as elected to serve in the present Parliament, and who has already
'■' taken his seat, as one of Representatives for the Borough of Three-Rivers, and the
'• same who was declared incapable of sitting and voting durinig the last Session.

The question was now put on the main motion as amended, which was agreed to.
Ordered, that the House do now receive the said information.

The House accordingly jDroceeded to receive the said information :

And, Mr. Mondelet, and Mr. Bourdages, in their places, severally informed the
House, that Ezehiel Hart, Esquire, returned as one of the Members of this House, to
sit therein, in the room and stead of the late Honourable John Lees, is the same
Ezehiel Hart who is returned as elected to serve in the present Parliament, and who
has already taken his seat, as one of the Representatives for the Borough of Three-
Rivers, and the same who was declared incapable of sitting and voting during the
last Session.

And Mr. Mure, in his place, informed the House, that Mr. Hart, who now sits
in the House as a Representative for the Borough of Three Rivers, is the Bame Ezehiel
Hart, Esquire, that was returned to serve in the last Provincial Parliament for the
said Borough, in the place aaiid stead of the late Honorable John Lees.

* * ->s- * ■» -JJ «

Mr. Mondelet now moved to resolve, seconded by Mr. Durocher;

That Ezehiel Hart, Esquire, who sits in the present Parliament as one of the
Representatives of the Borough of Three Rivers, is the same Ezehiel Hart, who was
returned as one of the Representatives of the said Borough, in the last Parliament,
and was declared incapable of sitting and votiuig" in the last Session ; as he professed
the Jewish Religion.

The House divided on the question;

Yeas 35
• Nays 5

So it was carried iu the affirmative, and—
Resolved, accord inglj'.

Friday, 5th May, 1809.

■/c -X- vr -X- -Jf * vf

The order of the day for reading the entries in the Journals, containing the
information given to this House, on the 17th February ISOS,' concerning the Religion
of Ezehiel Hart, Esquire, being read;

Tlio said entries were accordingly read by the Clerk.

Mr. Mondelet moved, seconded by Mr. Rohitaille, to resolve that the Members of
this House, in whose presence Ezehiel Hart, Esquire, took the Oath, at the opening of
the present Parliament, do inform the House, how he took the said Oath.

* vj -K- * ■;;• -::■ --t

So it was carried in the affirmative ; and.
Resolved, accordingly.

And the House proceeded to receive the said information.

And Mr. Bourdages and Mr. Duchesnay, in their places, respectively acquainted
the House, that they were present, when Ezehiel Hart, Esquire, one of the Repre-

1. See page 353.
2nc— 2.'3J

356 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

sentatives of the Borough of Three Rivers, did take the Oath: that the head of the
said Ezekiel Hct/rt, waa uncovered, and his hand on a book. That when the said book
was presented to Mr. BlacJcwood, one of the Members who was swomi with the said
Ezelciel Hart, he, Mr. Blackwood, asked the Commissioners appointed to administer
the Oaths to the Members, what book it was? that the said Commissioners answered;
'^ It is the New Testament " : that Mr, B'lacliuood said, it is very well ; kissed the
book, and presented it to Mr. Hart; who kissed it also.

Mr. Mondelet now moved to resolve, seconded by Mr. Martineau:
That Ezekiel Hart, Esquire, professing the Jewish Religion, as appears by the
entry of the 17th February, 1808, in the Jourinials of the last Session, and, inasmuch,
as he did at the openiug of the present Session, take an Oath on the Iloly Evangelists,
which could not bind him, and did thereby profane the Religious institution thereof,
cannot take a seat, nor sit, nor vote in this House.

Whereupon, Mr. Bedard moved in amendment, seconded by Mr. Papineau, to
strike out all the words after, " Religion," and insert the following, " cannot sit nor
vote in this House."

The question was mow put upon Mr. Bedard's proposed amendment; a division
again euisued; and the names being called for, they were taken down as followeth;
videlicet:

Yeas
Messieui-s Dwocher, Joseph Turgeon, F. Roi, Delorme, Langlois, M. Caron, L.
Turgeon, L. Roi, Boxirdages, Huot, Plante, Bedard, Mondelet, Borgia, Papineau,
Rohitaille, Coffin and Martineau.

Nays
Messieurs Moore, J. Cuthhert, Justice De Bonne, Gray, R. Cuthhert, Blackwood,
The Solicitor General, and Mure.

So it was carried in the affirmative.

The question being put upon Mr. Mondelet's motion, as amended, the House
divided; and the division proving to be the same as the last; videlicet:

Yeas 18
Nays 8
Resolved^ tliat Ezekiel Hart, Esquire, professing the Jewish religion, 'cannot sit, nor
vote in this House.*^

* * 4r * * * *

miNUTES OF THE EXECUTIVE COUACIL^ LOWER CANADA.^

Wednesday 19th April 1809.

At the Council Chamber in the Governor General's House

Present

His Excellency General Sir James H. Craig K.B. Governor in Chief

The Hon^i«

The Chief Justice
Thomas Dunn
FranQois Baby
Pierre A. DeBonne
John Young &
Jenkin Williams Esq''^

1. On the 8th of May the Speaker was informed that there was a vacancy in the repre-
sentation for the Boroush of Three Rivers. The dissolution of Parliament removed the
necessity for holding a bye-election and in the general election which followed Ezekiel Hart
was not a candidate.

2. From the original Miiuitcs of ihc Executive Council, Canadian Archives, State Book
E, page 504.

CONSTITUTIONAL DOCUMENTS 357

SESSIONAL PAPER No. 29c

His Excellency proposed to the Board the following Queries — Viz* —

1^' Under the Act of 31. Geo. 3*^ Chap. 31. is a Jew eligible to sit in the House
of Assembly of this Province?

2*^ If he is eligible and the House should by Vote exclude him assigning no other
reason but that he is of the Jewish Religion is it not the duty of the Governor to
protect such Jew equally with evei"y other Subject of His Majesty in the enjoyment
of a just right?

3'' Is it not the duty of the Kings Representative to prevent the House of
Assembly from assuming a power beyond what is allowed them by that Act on which
their existence is founded, and is not the declaring any person' not to be eligible to
serve in Parliament who is not so declared by that Act or the excluding or expelling
such person when chosen an assumption of such power as is beyond what is so allowed
them ?

4*^^* If the House persists in such a Measure by their owni Vote and not by a Bill
proposed to pass the two other branches of the Legislature is it not the duty of the
Governor to dissolve them?

5^'' Should the House of Assembly attempt by Vote to expel any Member not con-
victed of any Crime or who has not been guilty of any breach of the Privileges of the
House or conducted himself contrary to the rules of the House is not such person
entitled to the protection of His Majesty's Governor?

6'^ Can such protection be given by any other step than by a Dissolution?

After deliberation the same were referred for the consideration and report of a
Committee of the whole Council.

Wednesdaij 10th May 1809}

At the Council Chamber in the Governor General's House

Present
His Excellency Sir James H. Craig K.B. Governor in Chief
The Hon^^<= The Chief Justice •
The Lord Bishop of Quebec
Thomas Dunn
Francois Baby
Pierre A. DeBonne
John Young &
Jenkin Williams Esq''^
His Excellency communicated to the Board the Report of the Committee of the
whole Council in Answer to the Queries proposed for their Consideration on the 19*^^
of April last.

Approved and ordered to be ent-ered.

(The Report)
To His Excellency Sir James H. Craig K.B. Captain Gemieral & Governor in

Chief of the Province of Lower Canada &° &"^ &*^

Report of a Committee of the whole Council — Present, The Hon^^*^ the Chief
Justice in the Chair, The Lord Bishop of Quebec, M^- Dunn, M''. Baby, M^
DeBonne, M''. Young and M"". Williams — On His Excellency's Reference, in
Council, of the 19*^ April last, of certain Queries relative to the eligibility of
Jews to sit in the House of Assembly.

May it please Your Excellency,

The Committee is of opinion that a Jew may be elected to the House of A&sembly

1. From the original Minutes of the Executive Council, Canadian Archive?, State Book
E, pape 511.

358 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

of this Province and may sit and vote upon taking- the Oaths required hy Law in the
customary manner.

This opinion is founded upon the following Reasons —

By the Statute 13 Geo. H. Cap. 7 It is enacted that all Foreigners naturalised
by that Act "shall be deemed adjudged and taken to be His Majesty's natural bom
" Subjects to all intents constructions and purposes whatsoever as if they and every
" of them had been or were loin within the Kingdom " and it is self evident from
the second Section of this Act that Jews are comprehended within its intention.

By the Statute 31 Geo III. Cap. 31. Sec. 2.^ it is enacted that there shall be in
each of the Provinces of Upper & Lower Canada a Legislative Council and Assembly
to be " composed and constituted in the manner therein after described."

By the 14*^"^ Section of the same Act" it is enacted that His Majesty may author-
ise the Governor by an Instrument under the Great Seal to Summon and call together
an Assembly in and for the Province and the Statute then proceeds to declare how
this Assembly is to be " constituted and composed " for which pui'poses the 14*^*^ 15"'
16^*^ 18*'' and 19^^ Sections provide for the division of the Province into Counties for
the Appointment of Returning Officers and the issuing and execution of the Writs
of Election. The IT'^ Section enacts that the number of Members shall not be less
than fifty and the 20*** having declared the qualification of the Electors It is by the
2P* Section provided " that no person shall be capable of being elected a Member to
" serve in the Assembly or of sitting or Voting therein who shall be a member of the
'' Legislative Council or a Minister of the Church of England or a Minister Priest
" Ecclesiastic or Teacher either according to the rites of the Church of Rome or under
" any other form or profession of Religious Faith or Worship."

By the 22^' " that no person shall be capable of being elected who shall not be of
" the full Age of Twenty-one years and a Natural born Subject of His Majesty or a
" Subject of His Majesty naturalised by Act of the British Parliament or a Subject
" of His Majesty having become such by the Conquest and Cession of the Province
"of Canada."

And by the 23^ " that no person shall be capable of being elected who shall have
" been attainted for Treason or Felony in any Court of Law within any of His
" Majesty's Dominions or be within the description of persons disqualified by any
" Act of the Legislative Counicil and Assembly of the Province assented to by His
" Majesty His Heirs and Successors."

Such therefore is the manner in which the Assembly is to be composed according
to this Act and tliese being the only disqualifications it follows that any Candidate
who has been naturalised by any Act of the British Parliament (and consequently
a Jew naturalized by the Statute IS^^ Geo. 11. Cap. 7.) or who is a natural boim
Subject (which the Son of a Jew so naturalised must be if born in the Province) who
is not a Member of the Legislative Council nor a Minister of the Church of England
nor a Minister Priest Ecclesiastic or Teacher either according to the rites of the
Church of Rome or im^der any other form or profession of religious faith or Worship
nor under Twenty one years of age nor attainted for Treason or Felony nor within any
description of persons disqualified by an Act of the Provincial Parliament must be
eligible to a Seat in the Assembly.

The. Committee is further confu-med in this opinion by the 42*^ Section of 31. of
Geo. III." which enacts " that whenever any Act or Acas containing any provisions
'' which shall in any manner relate to or affect the enjoyment or exercise of any
" religious form or mode of Worship or shall impose or create any Penalties Burthens
" Disabilities or Disqualifications in respect of the same " " every such Act or Acts
" shall previous to any declaration or signification of the King's Assent thereto be laid

1. See the Constitutional Documents, 1759-1791, Shortt and Doughty 1&07, page 695.

2. Ibid, page 698.
8. Ibid, page 705.

CONSTITUTIONAL DOCUMENTS 359

SESSIONAL PAPER No. 29c

" before both Houses of Parliament of Great Britain." The irresistible inference
from this Section being that a disqualification to sit in the House of Assembly on
account of any religious Tenets cannot be created without an Act of the Legislative
Council & Assembly of the Province assented to by His Majesty with the concurrence
of the Houses of Lords and Commons of the United Kingdom.

The Committee is of opinion that the Protection of His Majestys Governm* is
equally due from Your Excellency to all His Majesty's Subjects and that Your
Excellency is bound as far as possible to prevent the House of Assembly from assum-
ing a Power beyond what is allowed to them hy the Constitution.

The Committee is also of opinion that th<» expulsion of any Member upon any
Principle of " general " Disqualification not declared by the Act of the 31. Geo. HI.
Cap. 31, or by some Provincial Statute would be an Assumption of Power beyond
what is allowed them by the former Statute — ^But

The Committee is also of opinion that it will not become tlie duty of Your
Excellency immediately to dissolve the Assembly if by vote only they should expell a
Jew without assigning! any other reason except that he is of the Jewish Eeligion and
that a dissolution if it should finally be adopted for such Cause only ought for the
present to be suspended.

The Committee is of this opinion for the following among other reasons because
in such case the House would act Judicially so that admitting them to be wrong they
must be presumed to act from an error in Judgment and not corruptly unless the
contrary is most manifest. It seems therefore to the Committee advisable before any
steps whatever are taken that the error of their Proceedings should in point of Law
be established by the opinions of the highest legal authority to which recourse can be
had in England and be notified to the House by a Message recommending an Act dis-
qualifying Jews or in some other shape if their Proceedings should by such opinions
be proved ultimately to be erroneous a Wilful instance of a similar Expulsion after
such Steps on the part of the Executive Government might under Circumstances
make it the duty of the Governor to dissolve the House.

The Committee also find that M'. Ezekiel Hart was by the last House of Assembly
expelled " because he professed the Jewish Eeligion "^ and for no other Cause so that
the present House has the Sanction of a precedent expressly in point.

The Committee is of opinion that any Member expelled by the House of Assembly
who is not legally disqualified or has not legally forfeited his Seat is entitled in
common with all other Subjects who are unjustly aggrieved to the justice and pro-
tection of His Majesty's Governm* so far as that can be extended to him without
prejudice to the interests of the rest of His Majesty's Subjects in general and they do
not perceive that such protection can be given by any other step than a dissolution
but upon the exipediency of an immediate dissolution on account of such expulsion as
is the particular object of Your Excellency's present Keference the Committee
humbly beg leave to refer to what they have before stated.

All which is most respectfully submitted to Your Excellency's Wisdom.

By order
Council-Chamber "| (Signed) J: SEWELL

Bishop's Palace y Chairman

9"> May 1809. J

1. See page 3.56.

360 CAN AD J AX AliCHIVEfi

4 GEORGE v., A. 1914

CEAIG TO CASTLEKEAOIT.i

N° 59.

Quebec 5"^ June 1809

My Lord,

Inclosed your Lordship will receive the Speeches which I thought propter to
address to the Provincial Parliament both on the opening and closing of that Assembly
auid it is my duty now to lay before your Lordship the grounds upon which it was
judged expedient that tliey, particularly the latter, shovild bear the Complexion which
will not escape your Lordship's observation.

In my dispatch N° 29,^ I gave your Lordship an Account of a party which exists
here and which is far from inconsiderable in strength. It was with concern that I
saw the number of Persons returned to the House of Assembly who might upon good
grounds be looked upon as their adherents; and it was very early understood that
they were preparing for the adoption of eveiy Measure which they considered as
likely to Embarrass Government and shew their own power & importance. Their
first step was to elect Mons'^ Panet for their Speaker.^ This I have reason to believe
was intended as a sort of experiment upon my temper & firmness; if I had rejected
M' Panet, they would have chosen amother instrument equally adapted to their views
while it would have served as a fair pretext for the ill humour that might be apparent
in their further proceedings; and on the other hand if I admitted M"^ Panet they sup-
posed I could only do so under the influence of intimidation, and they should then
consider themselves at liberty to go any lengths they pleas'd. Upon a little reflection
I chose the latter alternative, I thought the refusal of Mons. Panet would be malting
him individually of more consequence than I wish'd to have the appearance of attach-
ing to the whole of the Assembly, & I thought what I proposed to say to them in my
Speech would do away the idea of my acting under the impression which they sup-
posed, at the same time that under the conviction of the Spirit by which they were
actuated,, I was willing that, whatever took place, should arise solely from themselves,
I therefore approved of M"^ Panet on the principle of the choice being a matter which
concerned themselves more than me.

1. From the copy in the Canadian Archives, Q. 109, page 134.

Sir James Henry Craig was born in 1748. At the age of fifteen he was gazetted an
ensign in the 30th Regiment. In 1774, he accompanied the 47th Regiment to America and
was in the actions at Bunker's Hill and Ticonderoga. In recognition of his services he was
given the rank of major in the newly formed 82nd Regiment. -He served with this regiment
in Nova Scotia, Penobscot and North Carolina. On the rednction of his regiment at the
close of the war he was transferred to the 16th with the rank of Lieutenant-Colonel. In
1794, he was made Adjutant-General of the Duke of York's army in the Netherlands and in
the same year was promoted to the rank of Major-General. in 1795, in conjunction with
Major-General Alured Clarke, he effected the capture of the Dutch Colony of the Cape of
Good Hope and remained in charge of the government of the colony until 1797. He next
served as Commander of a Division of the Army in Quebec and on his return to England in
1802 was placed in command of the troops in the Eastern District. In 1805 he was given the
rank of a, local general in the Mediterranean and was placed in charge of an expedition which
was to land in Italy and co-operate with a Russian army against Napoleon. These plans
were changed by the battles of Ulm and Austerlitz and Craig retired to Sicily. Ill health
compelled him to return to England in March, 1806. In August. 1807, he was appointed
Captain-General and Governor-in-Chief of Upper and Lower Canada. He resigned his gov-
ernment and returned to England in October, 1811. He died in London, January 12, 1812.

2. See the Canadian Archives, Q. 107, page 306.

3. Jean Antoine Panet was born at Quebec in 1751. He receive<^l his commission as
notary in 1772, and as advocate in the following year. In 1792, he was elected to the Legis-
lative Assembly for the Upper Town of Quebec. He continued to represent this constituency
until 1808 and was again elected by it in May, 1814. From 1808 to 1814 he sat for the County
of Huntingdon. Mr. Panet was elected as Speaker of the First Assembly in 1792. In Jan-
uary, 1794, he was appointed a Judge of the Court of Common Pleas for Quebec and was tha6
compelled to relinquish the Speaker's chair. In the new commissions, issued in accordance
with the Judicature Act of 1794, Judge Panet was assigned to the Court of King's Bench,
Montreal, but refused the appointment. He was elected Speaker of the Second Parliament
and of each successive parliament until 1815. In January, 1815, he was appointed to the
Legislative Council. He died at Quebec on the 17th of May of the same ye^r.

CONSTITUTIOXAL DOCUMENTS 361

SESSIONAL PAPER No. 29c

As I was well aware that great activity had been exerted by the leaders of this
Party in dissiminating their principles over the Province, in which they had so far
succeeded, that a Spirit of jealousy and Suspicion had shewn itself in several parts,
insomuch, that a Person elected a Member, after using very unwarrantable Language
with respect to tlie Views of the Government and of the English, did not scruple to
say, that if an Englishman was elected for his Colleague, he would not attend the
Parliament: I thought it right in my Speech upwn opening the Session, to advert t-o
the dangers and disadvantages to the Colony, that might arise from the prevalence of
that Spirit, if permitted to gain ground;^ and this is the part to which I alluded, as
supposing it would do away the Idea of my being any way apprehensive of their
opposition, as it was a reflection, which however general it was made in the wording
of it, was obviously levelled at them, and was generally so understood.

This however, altho' it was taken up by them & produced some warm debates, had
not the effect that I thought it would, & it very soon appeared, that they conceived
themselves above all control, & were determined that their pToceedings should be
guided by their pleasure only setting aside even all consideration! for the Act of the
Imperial Parliament under which they hold their Constitution & every power with
which they are vested. My Speech upon closing them contains, almost, as complete
a history of their proceedings, as I could give to your Lordship, were I to detain you
by a more detailed Account, except that I did not think it necessary to allude to the
indecent lengths to which their personal abuse of each other was carried neither did
] advert to their treatment of their own Speaker to whom, the most violent and
unbecoming Language was used, altho' he on every occasion showed the most decided
partiality towards them, and this altercation was carried so far, that on the very
day, oni which I so unexpectedly prorogued them, they were prepared to have voted
him out of the Chair. Upon the same principle of these matters concerning themselves
only, and not being regularly before me, I abstained from adverting to the extra-
ordinary Circumstance, of a Member having attempted to continue sitting, and having
declared that he saw no occasion for getting up, while a Message was delivering from
me, altho', such had been the invariable usage, and tho' such was one of their own
regulations. He was indeed over ruled, but the Circumstance did not meet the repre-
hension that ought to have attended it. Among their own violent and unjustifiable
proceedings, they seem'd resolutely bent upon carrying their favorite points of expell-
ing His Majesty's Judges from the House," and having failed last Session in carrying
thro' an Act for rendering them ineligible, which was thrown out in the Legislative
Council — by this time resolved to effect their purpose by a simple vote of their own,
this motion, however, after a full fortnight's altercation, was negatived by a small
Majority : this favourite measure of theirs was founded entirely & solely, o^ru the
determined animosity that they bear to M"" De Bonne, the only Judge who is in the
House. I mean, however, this motive as only applying to the avowed Leaders of the
party in the House, for I am aware that very many of the best meaning Men in the
Province are of opinion that it woiild be better if the Judges were not under the
necessity of counting the people, as they are obliged to on the occasion of their
Elections. Upon the failure of this attempt to expel the Judges by vote, they brought
in a bill again to render them ineligible, but they had not made any progress in it.

1. The speech of the Governor contained the following passage, " These blessings will
be unalterably insured by the diffusion of a spirit of harmony and concord, the cultivation
of which is more especially called for, from those who have the happiness of the people at
heart, from the i)eculiar circumstances of the different parts of which they are composed.
If anythinpr can intervene to blast the prospect before us, it can be only the admission of
causeless jealousies and suspicions, still more unforinded, and assuredly most unmerited,
towards that government under the protecting and fostering care of which you have attained
to your present state of felicity." Journals of the House of Assembly, 1809, page 40.

2. See page .350, note 4.

382 CANADIA^"^ ARCHIVES

4 GEORGE v., A. 1914

The next point which occupied their attention was the expulsion of a M' Hart/ a Jew,
this they disposed of by a Vote " that Ezekiel Hart professing the Jewish Religion
cannot sit or vote in this House " On both these occasions they proceeded with the
utmost violence, refusing to listen to any argument founded upon the Act of the 31^*^
of His Majesty, & altho' they did mot, as far as I can learn, explicitly deny the
Supremacy of the British Parliament or the force of that Act, yet they openly declared
that they were the sole & only Judges of their own proceedings, not to be controuled,
or bound, by any other power. In the case of M' Hart they called only for evidence
of the mode in which he had taken the Oath, which was proved to have been, precisely
in the same manner, as every other Member had takem it. They did not call upon
him to avow or deny his religion; they called for no evidence on the Subject, and
for any thing that appears on the face of their minutes M"^ Hart may be a Christian ;
nay indeed his having taken the Oaths oni the New Testament would, prima facie,
carry the evidence that he is so; but even as a Jew, we are here decidedly, and the
Executive Council to whom I submitted the Subject, was unanimously of opinion,
that He is eligible, provided he takes the Oaths as required by the Acts of Parlia-
ment.^

In pursuing their plan of hostility towards the Judges, they appointed a Com-
mittee, to enquire if any, & what inconveniences, had resulted to the Public, on
occasions where the Judges had been Candidates at Elections for Members of that
House.^ This Committee was formed entirely of the most violent of the party and
accordingly nothing could exceed the marked irregularity, partiality and injustice,
of their proceedings: these were carried on in Secret, altho' they had not been
appointted with that intent; the testimony laid before them was entered very differ-
ently from the way in which it was given, every circumstance that had the slightest
tendency to prove, that the Judges had not made use of the influence tliat might be
supposed to arise from their Situation, was carefully suppressed, when it was pos-
sible to do so, but testimony of a contrary tendency, tho' grounded upon hearsay,
twice & thrice removed, was eagerly inserted with every exaggeration that it would
admit of, and individual opinion at great length, without containing one particle of
evidence, or one single fact that could come under that description, was a prominent
feature in their report. This was such as was calculated and evidently intended to
inflame the public Mind and excite discontent at the administration of Justice so far
as it is connected with the Object under review, and it was smuggled into the House
in direct Violation of their own regulations, without being previously read by the
Chairman/ in his place, so that no opportunity was afforded to oppose its being
received, while to complete the Climax of the irregularity & disregard to common
decency, with which this whole Matter was conducted, they entered upon their
Journals, the direct falsehood that the Report had been read by the Chairman in his
place, when he presented it. I have entered more particularly into detail upon

these Circumstances My Lord because they so strongly mark the Complexion of the
House, otherwise I might, as I have already observed, have coufinied myself to the
contents of my Speech as conveying all the Information that I dare say Your Lord-
ship will think necessary. All this while publick business was completely at a stand,
whilst Messages from me, on objects of importance to the publick Welfare, and Bills
sent down to them from the Legislative Council for their Concurrence, lay on their
table for Weeks equally disregarded & unattended to. In the five weeks which they
had sat, they had in fact passed one Bill, for of the five that were presented to me,
three were the mere renewal of annual Acts', to which they stood pledged by their

1. Sae page 351.

2. See the Rpport of the Executive Council, page 357.

3. Se© page 350.

COySTITUTIOlWlL DOCUMENTS 363

SESSIONAL PAPER No. 29c

address, and the fourth being only to correct an error in a former Act, came equally
under the description of requiring no discussion.

Altho' there was nothing in their proceedings, so far as they had hitherto gone,
that bore any appearance of particular opposition to His Majesty's Government, or of
personal hostility to myself yet it was impossible that I could view them with indif-
ference. The Public Mind began to be much agitated, by far the greater part, were
laughing at, or calling out shame upon them, but their partizans were busily employed
in representing them as supporting the authority and importance of that part of the
Legislature, on which the happiness and prosperity of the Colony must depend. I
have no reason to believe that these were very successfull in their labours, but it
became necessary to show their futility. It was greatly expedient to prevent the
House from falling into the Contempt, to which, it was fast verging, altho' it was not
less so, to give a check to the ideas of omnipotence, by which they themselves appeared
to be inspired. The Speaker, speaking in a Committee of the whole House, had said
that I dai-e not dissolve them. Add to these considerations, that the expulsion of M'
Hart appeared to me to be in direct violation of An Act of the British Parliament,
which I could not countenance, and on maturely reflecting on the whole, I determined
not only to prorogue but to dissolve them also. Having come to this determination I
thought it might be as well to prevent their coming to some violent or absurd resolu-
tion, which was to be expected, if they had had any intimation of my intentions, and I
took my measures so, that they had not the slightest suspicion of them, till the Salute
was firing on my entrance into the House.

I am assured on all hands, and I have every reason to believe, that this measure
has given very general satisfaction, the English part of the Community all view it as
having become higlily expedient not only from the conduct of the House that was
Dissolved, but from the general tendency of all their proceedings for some time past,
and even the thinking part of the Canadians, allow it to have been called for by the
circumstances. M"" Panet has I believe said it is no more than they deserve. I am
even taught to expect that the effect will most probably be that few or none of those
who were at the head of the Party, will get in again, certain it is, at any rate, that
it will be impossible to collect a house that can be worse composed, either as to good
will or the information necessary for carrying on the Public Business

I have the Honor to be
My Lord

Your Lordship's

most obedient
The Eight Hon"* humble Servant

Lord Castlereagh J. H. CRAIG

&c &c &c •

Endorsed :

Quebec 5*'^ June 1809

E/ 14 July

Sir J. H. Craig

N° 59

3 Inclosures

CASTLEREAGH TO CRAIG.^
Sir J. H. Craig
N° 21

Downing Street 7^"^ Sept^ 1809
Sir,

I received & laid before the King your letter of the 5*^^ of June last^ detailing

1. From the copy in tlip Canadian Archives, Q. 97A, page 127.
2 See page S60.

364 CANADIAX ARC 11 IVES

4 GEORGE v., A. 1914

an account of the Causes which luul led you to dissolve the Legislative Assembly of
Lower Canada after a severe censure of their Conduct.

I have no doubt that in the Measure you have taken you have been solely influenced
by a Sense of your Duty to His Majesty & as you represent that it is approved by
the English Part of the Community & the sensible Part of the Canadians I shall
entertain a hope that it may not be attended with any prejudicial effect. I am at the
same time to impress on you this Counsel, that if any unfortunate difference shall
arise hereafter between you & the Legislative Assembly which may render it necessary
for you to advert to their Proceedings (which should always be done cautiously) &
in consequence thereof to prorogue & dissolve them you will take care to use all such
temperate &- chosen Language as may not leave it in the Power of the Legislative
Assembly which may afterwards be chosen to question the Propriety of your senti-
ments as affecting their Privileges or the Constitution.^

I am to express to you His Majesty's Approbation of your removing M"" Stuart
from his office of Solicitor General and of your appointing M"^ Bowen to succeed him :
As M'' Uniacke tlae Attorney General will have arrived in- the Province long before
this letter reaches you, I shall trust you will receive every necessary assistance from
his zeal and abilities.

I have the honor &c
CASTLEKEAGH

CASTLERExVGH TO CRAIG.-
Sir J. H. Craig K.B.
Pi'ivate

Downing Street 7"^ Sept: 1809
Sir,

Having written to you officially upon the Subject of your letter relating to the
Dissolution of the Legislative Assembly, I think it at the same time right to express
to you my private sentiments.

Nothing appears to me more difScult or delicate to manage than a Provincial
Assembly constituted like that of Lower Canada, wherein almost all the Privileges
of the Llouse of Commons of Great Britain are claimed or exercised, where there
exist little Means of infiueneing the Members and inducing them to coalesce with the
Government, and wherein from the example of the American States, and the very
natm-o of a ix)pular Assembly, strong, acti\'e »& turbulent Minds have great incite-
ments and opportunities to raise themselves into imaginary or real Importance by
apposing the Administration. And the Difficulty becomes thus great from another
]>eculiav circumstance that there 'is no means whatever of pvTnishing an Assembly but
by Dissolution, & that this Method Avhen the conduct of the Assembly is popular, is
sure to fail of success, and to increase the Evil it is intended to cure.

It is therefore of the utmost consequence to take care that in any difference
which may arise between a Governor & a Provincial Assembly he should not advert
to any particular proceeding of the Assembly, that is not clearly unconstitutional and
illegal : And that, when the improper opposition arises from Discussions of a mixed
nature, where they can plausibly plead their Privileges and Rights in favor ol their
Conduct, however improper;"' no future allusion to such Conduct should be made
by the Governor on which the Assembly might fasten a Complaint.

The two Grounds of Complaint against the Assembly which you specify are their
Proceedings for preventing Judges sitting in the Assembly, & for endeavouring to

1. For Craig's defence of his conduct see his despatch to Lord Liverpool, page 372.

2. From the copy in the Canadian Archives, Q. 97A, page 129.

3. See the Proceedings of the House of Assembly on this question, page 365.

CONSTITUTIONAL DOCUMENTS 365

SESSIONAL PAPER No. 29c

expel a Member on the allegation of liis being- a Jew, altho' ho had taken the regular
Qualification Oath on the Gospels.^

The first of these objects can never, as you admit, be considered in itself as an
improper or illegitimate one to pursue, however the Motive giving rise to Discussion
may be factious; nor am I by any means persuaded that the Regulation would be an
unfit one in itself: And further when the Bill which they had passed, had been thrown
out by the Legislative Council, the Assembly had a right, if they thought fit to
appoint a Committee to examine the inconveniences which arose from Judges can-
vassing at Elections.

So again with regai'd to the Endeavours to expel M^' Hart for being a Jew, it was
obvious that a real Jew could not sit in the Assembly, as he could not take an oath
upon the Gospels — it was therefore competent to the Assembly to inquire whether
M'' Hart had complied with all such Reauisitions as might be legally necessary to
prove his bona fide conversion to Christianity, and that he took the Oath without
mental Reservation.

1 state these Points, not from any doubt of the Assembly^ acting in the spirit you
rei>rcsent, but to shew, that supposing the next Assembly may meet with a similar
Disposition & Temper to that for which you dissolved the last : It is probable they will
renew the discussion of measures against which your Censure was pronounced &
will make such assertions of their Rights of free Discussion and Debate as may lead
to more Embarrassments than have yet arisen.

When you advert to the expressions in which you have conveyed your Sentiments
of the Proceedings of the Assembly you may natural^'' suppose they have created some
Sensation here, & that an anxiety has been expressed as to the particulars of the
Conduct which could require such severe animadversion: I shall hope however that
there will not be any public Discussion on the subject, as the Topics are of such a
nature as might give the eiforts of a Party hostile to you or to Government some
advantage.

What I would therefore reconunend is, in Case, on the Meeting of the New
Assembly animadversions should be made on your Speech on the close of the last, that
as you will not be wanting* in that finnness Your Situation & character demand,
so you will avoid any Expression, which can be construed as touching in any degree,
upon their supposed Privileges & the general Freedom of Inquiry & Debate.

In regard to the Measure of excluding Judges from a Seat in the Legislature
there is no Repugnance felt here to the Measure, should you at any time see it right
to acquiesce in it" — The Principle of exclusion here extends to what are called the
12 Judges & to them only; for the Welsh Judges, the Judge of the Admiralty &
Prerogative & the Master of the Rolls all sit in Parliament.

• I have the honor &c
CASTLEREAGH

RESOLUTIONS OF THE HOUSE OF ASSEMBLY, LOWER CANADA.
RESPECTING ITS PRIVILEGES.^'

JOURNALS OF THE HOUSE OF ASSEMBLY LOWER CANADA.

Saturday, Sd February, 1810.
Mr. Bedard moved, seconded by Mr. Blanchet, to resolve; that every attempt of
the Executive Government, and of the other branches of the Legislature, against this

1. See pages 350 and 351.

2. The address of the Governor-in-Chief at the opening otf the Session of 1810 contained
a particular reterfnce to the exclusion of judges and concluded thus — " I have to add tint,
having received His Majesty's Pleasure upon it, I shall feel myself warranted in giving His
R.yal As-ent to any proper Bill for rendering His Majesty's Judges of the Courts of King's
Bench, in future, ineligible to a seat in the House of Assembly in which the two Houses may
concur." (Journals of the House of Assembly of Lower-Canada, 1810, page 36.) For a state-
ment of Craig's opinion on the question see page 374.

3. From the Journals of ihe House of Assembly of Lower-Canada for the year 1810.

366 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

House, whether in dictating or censuring its proceedings, or in approving the conduct
of one part of its Members, and disapproving the conduct of the others, is a violation
of the Statute by which this IIou?e is constituted;^ a broach of tlie privileges of this
House, against which it cannot forbear objecting, and a dangerous attack upon the
rights and liberties of His Majesty's subjects in this Province.

Mr. Mure moved in amendment, seconded by Mr. Gugy, to leave out all the words
after '' resolve," and insert the following, " that in the present situation of the Prov-
" ince, it is the duty of this House, to act with the utmost vigilance, in taking those
"necessary steps, to meet whatever event may arise out of the threatening aspect of
"our neighbours; and, by our unanimity, to meet every such attempt, to shew that
" we will not fall a willing or easy prey to any foreign power, having designs on our
"safety or tranquillity; and that whatever can tend to destroj^ such an unanimity,
" ought to be carefully avoided, in all our proceedings."
The House divided on the question of amendment,

Yeas 11,
Nays 24.
So it passed in the negative.

The main question was now put; the House again divided,

And there being a majority of thirteen for the affirmative, it was accordingly.
Resolved, that every attempt of the Executive Government, and of the other branches
of the Legislature against this House, whether in dictating or censuring its
proceedings, or in approving the conduct of one part of its Members, and
disapproving the conduct of the others, is a violation of the Statute by
which this House is constituted; a breach of the privileges of this House,
against which it cannot forbear objecting, and a dangerous attack upon
the rights and liberties of his Majesty's subjects in this Province.'""

ADDRESS OF THE HOUSE OF ASSEMBLY OF LOWER CANADA TO THE

KING.^

TO THE KIKG's most EXCELLENT MAJESTY.

The most hixmble Address of the Assembly of Lower Canada, in Provincial Parliament
convened.

We your Majesty's most dutiful and loyal Subjects the Representatives of the
Commons of Lower Canada, in Assembly met, humbly beg leave to approach your
Majesty's Throne, with hearts full of loyalty and gratitude.

We humbly beseech your Majesty to be assured of the sentiments of affection
entertained by your Majesty's Subjects of Lower Canada, and also to be persuaded
that the people of this Colony, ever attached to their Sovereigns, will never be sur-

1. The speech of Sir James Craig on proroguing the previous parliament contained a
severe criticism of the conduct of the Assembly and likewise implied a censure on a part of
its members. " To a considerable portion of the House of Assembly, my thanks are equally
due. I trust they will believe, that 1 do them the justice of a proper discrimination, in the
sense I entertain of their efiorts, to avert that conduct, of which I have so much reason to
complain. By this. Gentlemen, you have truly manifested your affection to His Majesty's
Government, and your just estimation of the real and permanent interests of the Province "
Journals of the House of Assembly of Lotcer-Canada, 1809, page 308.

2. For Craig's view of this speech on the prorogation see page 374.

3. From the Journals of the House of Assembly of Lower-Canada for 1810, page 134.

This address was prepared as the result of the decision of the House of Assembly \s
expressed in the following resolutions:—

" Resolved, that the House of Assembly ought to vote, during this Session, the necessary
sums for defraying the Civil Expences of the Government of this Province."

" Eesolved, that this House will vote, in this Session, the necessary sums for defraying
the civil expences of the Government of this Province." (Journals of the House of Assembly
for February lOth, 1810.)

Similar addresses were prepared to be submitted to the House of Lords and to the House
of Commons.

COXSnrVTIONAL DOCUMENTS 367

SESSIONAL PAPER No. 29c

passed by any others within jovir Majesty's Empire, in the sentiments of regard and
affection which they feel for your sacred Person.

We humbly beg leave to express to your Majesty, the lively gratitude which we
feel, on a recollection of all your Majesty's favours, and on a view of the state of
prosperity, to which this Province has attained, under your Majesty's paternal Gov-
ernment, and the happy Constitution which has been granted to us by the liberality
of your Majesty and of the British Parliament.

This state of prosperity is become such, as to enable us to engage to pay, in the
course of the present Session of the Legislature, the Civil Expenditure of the Prov-
incial Government, which has hitherto been chiefly defrayed by your Majesty: and
this effect of our prosperity is the more gratifying to us, as your Majesty's people of
Great Britain have been so long burthened with the expences of a war, undertaken for
the protection of every part of your Majesty's vast Empire.

Under these circumstances, your Majesty's Subjects in this Province feel them-
selves happy, in being now able to acquit themselves of an obligation imposed upon
them by duty and gratitude.

ADDRESS OF THE HOUSE OF ASSEMBLY TO SIR JAMES CRAIG.^

To HJs Excellency

Sir James Henry Craig, Knight of the Most Honourable Order of the Bath,
Captain General and Governor in Chief in and over the Provinces of Lower-Canada,
Upper-Canada, Nova-Scotia, New-Brunswick, and their several Dependencies, Vice
Admiral of the same, General and Commander of all His Majesty's Forces in the said
Provinces of. Lower-Canada and Upper-Canada, Nova-Scotia, New-Brunswick, and
their several Dependencies, and in the Island of Newfoundland, &c. &c. &c.

May it please your Excellency,

We His Majesty's most dutiful and loyal subjects the Representatives of the
Commons of Lower-Canada, in Provincial Parliament met, beg leave to inform your
Excellency, that the House of Assembly has resolved to vote in this Session, the
necessary sums for defraying all the Civil Expences of the administration of the
Government of this Province, and humbly to request, that your Excellency may be
pleased to transmit to His Majesty's Ministers, to be presented to the King, the House
of liords, and the House of Commons, our most humble and dutiful Addresses of
thanks, which we have now the honor of presenting to your Excellency.

REPLY OF SIR JAMES CRAIG TO THE ADDRESS OF THE HOUSE OF

ASSEIkIBLY.2

Gentlemen,

The Addresses which you have presented to me, are all under such peculiar cir-
cumstances of novelty, that they have demanded and received a considerable degree
of consideration from me.

The Constitutional usage of Parliament, fully recognized by the wisdom of the
House of Commons of the United Kingdom, forbids all steps whatever on the part
of the people towards grants of money upon public or private grounds, which are not

1. From the Journals of the Bouse of Assembly of Lower-Canada for 1810, page 156.

2. Prom the Journals of the House of Asse^nbly of Lower-Canada for the year 1810, page
218.

The addresses prepared by the House of Assembly were submitted by Craig to the Exe-
cutive Council together with his proposed reply. The Executive Council ordered " that the
answer be entered on the Minutes as containing the sentiments of the Board with respect to
the Addresses in question." {Minutes of the Executive Council, February 23rd 1810. Can-
adian Archives, State Book F, page 103.)

368 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

recommended from the Crown; and altliough by the same Parliamentary usage, all
grants and aids do originate in the Lower House, yet it is scarcely necessary for me
to observe, that they are wholly ineffectual, without the concurrence of the Upper
House. I must observe, also, that of Addresses to the House of Lords, or to the House
of Commons, separately, by a single Branch of a Colonial Legislature, (as far as my
information goes) no former example exists. And I must request you to notice, that
the Address which I have now received from you, intended for the House of Commons
of the United Kingdom, is made to a part only of that House.

For these reasons, I cannot but consider those Addresses to be unprecedented;
to be imperfect in form ; to be founded upon a resolution,^ which, until it has received
the concurrence of the Legislative Council, must be wholly ineffectual, (except as a
spontaneous offer on the part of the Commons of Canada) that they are consequently
premature; and I regret that I cannot, therefore, under the impression which I feel
of my official duty, take upon myself to transmit them to His Majesty's Ministers,"
I may add, that His ]\Iajesty's Ministers are not the regular organs of communication
with the Houses of Parliament, imless by His Majesty's command; I could not,
therefore, pledge myself for the delivery of these Addresses, were I to transmit them
through that channel.

Under some of these considerations, I should equally feel myself bound, upon
ordinary occasions, to decline transmitting any Addresses to His Majesty, that might
be under circumstances similar to the present. 3ut upon this occasion, and after
jnature deliberation, I think it right that it should be laid before him. I think it
right, that, by an act of their own. His Majesty should be informed of the good dis-
position, gratitude, and generous intentions of his subjects in this Pi'ovince. I think
it right, also, that His Majesty, by their own act, should be formally apprised of the
ability, and of the voluntary pledge and promise, which the people of this Province,
by this Address to their Sovereign, and by the resolution upon which it is founded,
have given to His Majesty, to pay the entire civil expenditure of the Province, when
required so to do ; and consequently, without repugnance, demand from them the per-
formance of this solemn undertaking on their part, whenever he may, in his wisdom,
think it expedient so to do.

For these reasons, I shall transmit your Address to the King, as you have
requested. I desire, however, that it may be distinctly understood, that as I ought
not, by any act of mine, to compromise the rights of His Majesty, of the Imperial
Government, or of the Legislative Council of this Province, so I do not, by this com-
pliance with your request, concede to the Assembly of this Province, or admit that
any step on their part, towards grants of money, which are not recommended by the
Crown, can be Constitutional; or that any such step can be effectual, without the
concurrence of the Legislative Council, and the final approbation of the King.

The expressions of affection and of gratitude, towards His Majesty and the two
Houses of the Imperial Parliament, for the favors conferred on this Province, under
which it has attained its present state of prosperity, which you so warmly and so
explicitly profess in your Addresses, will not permit a moment's doubt of the sincerity
of your wishes to carry into complete effect the resolution which is the object of them.
So commendable a purpose entitles you to every acknowledgement; and I cannot but
lament exceedingly, that any circumstances should exist, which, under a sense of duty,
have comjDelled me to express myself on the subject, in a way, that may carry with it,
even an appearance, however little intended, of opposing any check to the manifesta-
tion of the sentiments, under which, I persuade myself, you have acted.

1. See page 3©6, note 8.

2. It was the opinion of the Executive Council that "the Addresses to the Lords and
Commons could not with propriety be so transmitted but that the Address to His Majesty
aP hough very incorrect and irregular in its nature might be submitted to His Majesty'^
Most Gracious consideration." {Minutes of ihe Executive Council, February 2tst, 1810,
State Book F, page 102.)

COysrirUTIOXAL documents 369

SESSIONAL PAPER No. 29c

BILL FOR THE APPOINTMEXT OF A PROVINCIAL AGENT, LOWER

CANADA.^

Bill, for appointing An Agent in the United Kingdom of Great Britain and Ireland
to solicit the passing of Laws, and for transacting the public affairs of this
Province.

Whereas it is absolutely necessary that the Inhabitants of this Province should
have a person duly qualified in the United Kingdom of Great Britain & Ireland and
fully empowered to solicit the passing of such Laws, and to transact such other public
matters as shall be committed to his care for the good of this Province. May it
therefore be Enacted by the King's most excellent Majesty by and with the advice
and consent of the Legislative Council and Assembly of the Province of Lower
Canada constituted and assembled by virtue of and under the authority of An Act
passed in the Parliament of Great Britain intituled " An Act to repeal certain parts
of An Act passed in the fourteenth year of His Majesty's reign intituled An Act for
making more effectual provision for the Government of the Province of Quebec in
North America, and to make further provision for the Government of the said

Province;" and it is hereby Enacted by the authority aforesaid that -Esquire

be and he is hereby nominated and appointed Agent in the United Kingdom of
Great Britain and Ireland for this Province for the purposes aforesaid; and the
Members of His Majesty's Legislative Council and the Speaker, and the Members of
the Assembly for the time being resident in this Province be, and they are hereby
empowered and appointed Commissioners for instructing and directing the said Agent
pursuant to such directions and authorities as the said Commissioners shall, from
time to time receive from the Majority of the Legislative Council and Assembly- .
respectively when sitting. Provided nevertheless that the said Commissioners or
any five of them, may from time to time in the intervals of Assembly, give to the
said Agent in the United Kingdom of Great Britain and Ireland such further In-
structions as they shall think fit, for the public service of this Province. Provided
further that in case a difference of opinion should at any time happen between the
two Bodies of Commissioners hereby appointed, wherein the Majority of each of them
adhere unanimously to their opinions that then the majority of each Body shall be,
and are hereby Empowered to act separately; anything in this Act contained to the
contrary in any wise notwithstanding.

And be it further Enacted by the authority aforesaid that any two of the Com-
missioners hereby appointed shall and may during the intervals of Assembly open
all and every the Packets and Letters which from time to time shall or may come from
the Agent for this Province directed to the Commissioners of Correspondence hereby
appointed: And that as often as it shall or may be necessary during the intervals of
Assembly, for the said Commissioners to meet for drawing up and transmitting of
Letters in answer to such Letters or Packets received from the Agent, or for any
other of the purposes and business herein before mentioned any five of the said Com-
missioners shall and may from time to time appoint a certain day for the meeting of
all the Commissioners, always giving ten days notice by Public advertisement in the
Public Newspapers, of the day appointed for such meeting; except in case of a dis-

1. From a certified copy of the Bill in the Canadian Archives, Sundry Papers of Lower-
Canada, March, 1810.

The House of Assemhlj' had. prior to this time, considered the advisability of appointing
a Provincial Agent. On April 14th, 1807, the House had resolved that " it would be highly
advantageous to have an Agent legally authorized, resident in Great Britain, for the pur-
pose of attending to the interests of this Province when occasion might require." (Journals
of the House of Assembly, 1807.) On February 9th, 1810. this resolution was read in the
House and leave was granted for the introduction of a Bill for the appointment of a Provin-
cnl Ap-ent. Tlie Bill had receivpd its second reading and was before the Committee of the
Wh 1 ■ Housp when Pari lament "was prorogued.

For Sir James Craig's comments on the Bill see page 37G.
29C--24

370 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

solution or prorogation of the Provincial Parliament for the time being, in which
case the said Commissioners or any five of them may meet within six days after
giving one days notice to all and every the several and respective Commissioners
hereby appointed.

And be it further Enacted by the authority aforesaid that the Building in which
the present Legislature is now convened in the City of Quebec, and no other, shall
be the place of the meeting of the said Commissioners or any five of them, for trans-
acting all the several matters & business, which the said Commissioners or any five
of them, are hereby required empowered and authorised to transact.

And be it further Enacted by the authority aforesaid, that the Commissioners
hereby appointed shall cause fair copies of all their proceedings which shall take
place in pursuance of this Act, together with the names of the Commissioners present
at each meeting, to be duly Entered in a Book to be kept for that purpose; which
proceedings or any of them, shall be and they are hereby directed to be, laid before
His Excellency the Governor in chief, the Lieutenant Governor or the person ad-
ministering the Government of this Province for the time being during the Sessions
of Parliament as often as the same shall be required: And the said Commissioners
shall have no manner of fee, reward, or allowance, for their trouble and care in their
transactions pursuant to this Act, the charge of a Clerk, Stationarj- and Advertise-
ments only excepted.

And be it further Enacted by the authority aforesaid that the said Agent shall be

paid at the rate of per annum for such time as he shall continue Agent for

his care and trouble in and about his transacting the Affairs of this Province in the
United Kingdom of Great Britain and Ireland, and that the same shall be remitted
to him by the Receiver-General for the time being, and from time to time when and
so often as he shall be required so to do by the Commissioners herein before named,
or any five of them, together with such charges and Disbursements a? the Commis-
sioners, or any five of them, shall find he may have reasonably expended in and about
the Public business of this Province.

And be it further enacted by the authority aforesaid, that this Act shall continue
and be in force for three years, from the passing thereof, and no longer.

PROCEEDINGS RELATING TO THE EXPULSION OF P. A. DeBONNE
FROM THE HOUSE OF ASSEMBLY, LOWER-CANADA.^

JOURNALS OP THE HOUSE OF ASSEMBLY OF LOWER-CANADA.

Saturday, MJfth February, 1810.
*******

Mr. Bourd<iges moved to resolve, seconded by Mr. B. Panet, that P. A. DeBonne,^
being one of the Judiges of the Court of King's Bench, cannot sit nor vote in this
House.

Mr. BlacTcwood moved in amendment, seconded by Mr. James Cutlihert, to leave
out all the words after " that " and insert, " merchants, lawyers, notaries, sheriffs,
" justices of the peace, prothonotaries, and auctioneers, are not eligible to sit or vote
" in this House."

The question being put on the said amendment, it passed unanimously in the
negative.

Mr. Taschereau moved the previous question, seconded by Mr. Blanchet; viz.

That the question be now put?

1. From the Journals of the House oj Assembly of Lower-Canada for 18lO.
2 For an account of the proceedings which had been taken during this session on the
question of excluding judges from the Assembly see Craig's letter to Lord Liverpool, page 374.

CONSTITUTIONAL DOGUMENTf^ 371

SESSIONAL PAPER No. 29c

The House divided, and the names being called for, they were takcTi down as
follows :

Yeas,

Messrs. Huot, Bourdages, Taschereau, Lee, Borgia, Louis Roi, Rohitaille, Meunier,
Drapeau, Viger, Langlois, Bernier, Saint Jtilien, Bedard, BlancJiet, B. Panet, J. L.
Papineau, Diirocher, and Beauchamp.

Nays,
Messieurs Mure, Duchesnay, Gugy, Blackwood, Bell, Badeaux, B. Cuthhert,
Bowen, Gray, J. Cuthhert, McCord, Dehartzch, Caron, Jones of Bedford, Denechau,
and Jones, of Quelec}

It was accordingly,
Ofidered, that the main question be now put.

And the main question being put, the House divided :

Yeas 19
Nays 16
So it was carried in the affirmative.
Resolved, that P. A. DeBonne, being one of the Judges of the Court of King's Bench,
cannot sit nor vote in this House.
Mr. Bourdages moved to resolve, .seconded by Mr. Lee, that the seat of P. A.
DeBonne, one of the Members of the County of Quehec, is vacant.
The House divided on the question:

Yeas 19
Nays 16
So it was.
Resolved, that the seat of P. A. DeBonne, one of the Members for the Countj? of
Quehec, is vacant.

SPEECH OF SIR JAMES CRAIG ON PROROGUING PARLIAMENT, I8IO.2

Gentlemen of the Legislative Council, and
Gentlemen of the House of Assembly,

I am come down here, for the purpose of proroguing the present Parliament —
And, upon a mature consideration of the circumstances that have taken place, I am
to inform you, of my determination of again referring to the sense of the people, by
an immediate dissolution.

Called again to the unpleasant exercise of one of the functions of His Majesty's
prerogative with which I am entrusted, I feci it to be again expedient, that I should
state to you, and that through you, which is indeed the only channel of communication
that I have with them, the people may be distinctly infoimed of the motives by which
I am actuated.

Whatever might be my personal wishes, or however strong might be my desire,
that the public business should suffer no interruption, I feel, that, on this occasion,
nothing is left to my discretion; it has been rendered impossible for me to act other-
wise, than in the way I am proposing.

The House of Assembly has taken upon themselves, without the participation of

1. See Craig's comment on the vote, page 375.

2. From the Journals of the House of Assembly of Lower-Canada for 1810, page 248.

On Monday, February 26th, Sir James Craig reported to the Executivt Council the pro-
ceedings of the Assembly in the case of Mr. DeBonne and informed them of his intention ^o
prorogue Parliament. " The Council being unanimously of opinion that the measure was
expedient and necessary His Excellency read the Speech which he purposed making to the
two Houses on the occasion. Some small alterations were suggested which His Excellency
was pleased to adopt and the Speech was ordered to be entered on the Minutes." (Canadian
Archives, State Book F, page 109.)
29c— 24i

372 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

the other branches of the Legislature, to pass a vote, that a Judge of His Majesty's
Court of King^s Bench, cannot sit. nor vote, in their House. However I might set
aside the personal feelings which would not be unnatural in me, as to the mode in
which this transaction has been conducted towards myself; there is another, and
infinitely higher consideration, arises out of it, which I must not overlook.

It is impossible for me to consider what has been done, in any other light, than
as a direct violation of an Act of the Imperial Parliament; — of that Parliament which
conferred on you the Constitution, to which you pi-ofess to owe your present pros-
perity;^ nor can I do otherwise than consider the House of Assembly as having,
unconstitutionally, disfranchised a large portion of His Majesty's Subjects, and rendered
ineligible, by an authority which they do not possess, another not inconsiderable class
of the community.

Such an assumption, I should, at any rate, feel myself bound by every tie of duty
to oppose; but, in consequence of the Expulsion of the Member for the County of
Quebec, a vacancy in the representation for that County, has been declared; and it
A^ould be necessary that a new writ should issue, for the Election of another Member.
That writ would be to be signed by me. Gentlemen, I cannot — dare not, render mj'self
a partaker in a violation of an Act of the Imperial Parliament; and I laiow no other
way, by which I can avoid becoming so, but that which I am pursuing.

When we met, I felt much satisfaction in the consciousness of having taken such
steps, as I thought most likely to facilitate, indeed, I thought, would do away, every
possible objection to a measure, that seemed to be wished for, and that, in itself, met
my entire concurrence." But my objection, and the only objection that can, I think,
exist in the mind of any reasonable man, to the eligibility of the Judges, arises from
the possible effect that may be produced by the necessity it puts them under of solicit-
ing the votes of the Electors. No well-grounded objection can be offered to their
sitting in the House, when they are elected. On the contrary, their talents and
superior knowledge, must render them highly useful; and, were it not for other con-
siderations, highly desirable Members. I cannot but exceedingly lament that a
measure, which I consider as beneficial to the country, should not have taken effect.
The people, however, in the disappointment of their expectations, will do me the
justice to acquit me, of being the cause of it, as they must equally acquit me of being
the cause that so little of the public business has been done.

CRAIG TO LR^RPOOL.^*

Duplicate Quebec 30'^ March 1810

N" 6
My Lord,

In the short dispatch whicli I did myself the honor of writing to your Lordship,

1. See the .Address of the House of Assembly, page 366.

2. See pa?© 350, not« 4, and also page 374.

3. From the copy in the Canadian Archives, Q. 112, page 98.

Robert Banks Jenkinson, second Earl of Tiiverpool, •was born in 1770. He was returned
to Parliament in 1790, and was soon selected by Pitt for important duties in the House. On
his father's elevation to the Earldom in 1796 he became Lord Hawkesbury. He served at the
foreign office in the Addington Ministry and on the return of Mr. Pitt in 1804 was transferred
to tlie Home Office. He had previously been raised to the peerage and now became leader of the
Government in the House of Lords. During the brief period of the Grenville ministry Haw-
kesbury led the forces of the opposition and assisted in the formation of the Portland
cabinet in March, 1807, when he was again placed in charge of the Home Office. He succeeded
to the Earldom of Liverjyool in 1808 and on the resignation of the Duke of Portland he took
office with Mr. Percival in December, 1809, this time going to the foreign office. He remained
here for a very brief period, later in the same month succeeding Lord Castlereagh as Secre-
tary of State for War and the Colonies. He held this position during the lifetime of the
Percival ministry. On Mr. Percival's assassination. Lord Liverpool became Prime Minister
in June. 1812, and, w th the support of a strong Tory party retained office until the failure
of his health forced him to resign in Febtuary, 1827.

For the reply of Lord Liverpool to this despatch see page 407.

C0N8TITVTI0XAL DOCUMENTS 373

SESSIONAL PAPER No. 29c

on the 5^'^ instant/ I acquainted you with my liaving found myself under the
necessity of dissolving the Provincial Parliament. It is now nay Duty, to enter into
that detail on the subject, which may be necessary for His Majesty's information.
Referring Your Lordship to my dispatch N° .59 of 5^^ June 1809," with the view of
directing your Lordship's attention, more fully, to the Spirit that characterises these
assemblies, I should avoid trespassing upon your Lordship's time, by any otherwise
adverting to the Dissolution of the former Parliament, were it not, that, I confess,
I feel a little anxiety to be peruiitted to explain myself something further on the
subject, under the presumption that I have beeni unfortunate in that respect, and that
in consequence (I judge from His Lordship's letters of 7*^ September)^ I have not
been quite understood hy Your Lordship's Predecessor in the Department you now
liold.

My view in the step I took of dissolving that Parliament, was the hope of getting
a better one,'* and in this hope, it was indispensably necessary that the people who
were to elect the new Parliament, should clearly understand the groimds, upon which,
they were called on so soon again, to exercise tliat Right. It was only by setting
before them the conduct which had occasioned the Dissolution, that I could expect
they should feel a necessity, of choosing other Members. In England, such is the
state of public information, so generally is the knowledge of every event that occurs
diffused over the Counti^y_, and so well are the people accustomed to reason upon these
events, that, should His Majesty feel himself called on to exert His Prerogative in
the Dissolution of a Parliament, no necessity would exist, for his assig-ning his reason
for so doing, they would be perfectly understood, they would be freely discussed by
all ranks, and all parties: and, though faction might endeavour to prevent the
Judgement of the i)eople upon them, it could not however alter their true nature. Here,
the case is totally different. So universal & profound a degree of ignorance per-
vades the whole country, that no one reads, for it is not one in a thousand that can read,
the people know nothing but what they are told, and while the activity which so truly
characterises the exertions of Democracy, has established an Orator in every parish,
(Tovernment remains without the i>ossibility of communicating- with them: — some
faint idea however exists among them of the importance of the Governor's Speech.

There is generally a sort of anxious eagerness to hear what he says to Parliament,
and of this, it was my desire to take advantage, to convey to them the information I
wished them to have. On these grounds I penned my speech. It was strong, I allow,
but it was calculated for the understanding of the people for whom it was in fact
intended. With them your language must be most direct & plain, or it will not be
understood, and it is only by being so, that any hopes can be entertained, of its not
being distorted, by the Orators who will comment upon it. Witli regard to the House
itself, I cannot conceive, that any Right or Privilege of theirs was invaded.'^ I view
the addressing a House, to whose existence I am putting a period, in a very different
light, from the doing so while they are in activity. Nothing that I can then say can
have any influence on a body, whose power is at an end; but in either case, if I am
to speak, surely the House, in the exercise, or in the claim, of a supposed privilege
are not to point out to me the terms in which I am to do it. I must hold the Language
that His Majesty's Interests appear to me to require, that I should hold. It may
offend them, but that is my consideration. 1 am to calculate the inconveniences that
may result from their being offended, and whether these, may be more detrimental to
His Majesty's Interests, than: may be the advantage I look for to them from the con-
duct I am pursuing, and if the same Members are re-elected, we shall probably meet

1. This despatch <loes not appear in the correspondence of Sir .Tames Craig in the
Ai chives.

2. f-'ee page .360.

3. Se- page itU.

4. See page 363.

5. See page 36S, an<l note 1 of same page. ' !'

374 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

with some asperity on both sides, but it was in the express expectation, that it would
have freed me from the necessity of meeting the same Members again, that I adopted
that line, the firm footing, on which the leading Demagogues had established their
influence was not then foreseen, nor was it by any means suspected to be so universal
as it was found to be, and it is even now thought, that had the Elections ensued
immediately, the effect I expected would have followed. Unfortunately it was judged
more adviseable to wait, till the little ferment that might be supposed to exist, should
be over, & the result was the direct contrary. Not only the same Members were gener-
ally re-elected, but so successful had they beem in their exertions that their power
was encreased, by the introduction of several more of the same stamp. This was the
situation in which I met the new Parliament on 29^^^ Jan^. In the mean time, I had
received Lord Castlereagh's letter of 7^^ Sepf by which I was authorized to assent to
an act for the exclusion of the Judges,^ if I thought it proper to do so. My own
opinion always went decidedly with the measure. In this Country in all Civil Suits,
the Judges act alone, without the intervention of a Jury, except in some particular
cases, where the parties desii-e a Jury, they are consequently Judges of the fact as
well as of the Law, and much depends upon their discretion, especially in the inferior
& Country Courts, where one Judge sits alone. The influence with respect to the
Impression that may be on the Minds of an^ ignorant people, when they see a judge,
with his Cap in his hands, soliciting a favor from them, is too obvious to require that
I should remark upon it. This reasoning weighed with very many to be of the same
opinion with me, but the Democratic party had taken it into their heads, that the
retaining the eligibility of the Judges was an object of importance to Government;
they had therefore, during the recess, most assiduously employed themselves in repxe-
senting the exclusion of them, as a measure on which the salvation of the Country
almost depended, and that it was opposed by Government for sinister views detri-
mental to the public good. It was in consequence become a sort of clamour in the
Country. Finding thus that the measure was eagerly looked for, and thinking it
myself a very proper one, I did not imagine there could be any objection, to my going
a step beyond the permission given me by Lord Castlereagh's Instructions, and instead
of waiting to assent to the Bill, which might be presented to me, when it would be
considered as a triumph on their part, & would be represented as an instance of the
efficacy of the power possessed by the Assembly, which had forced Government to
accede to their measures for the Public advantage, I thought it better to anticipate
tlieir views, & to take the credit of the measure to His Majesty's Government, by
myself recommending it, & announcing the permission I had received to accede to it.
This certainly had a great effect on the public mind, tho' it failed in its probable con-
sequence that might have l3een looked for, in a return of confidence, and Harmony,
on the part of the house. There was a moment indeed in which I thought this might
have been expected, altho' the Chagrin that was evident in the party, at finding them-
selves anticipated, led them to begin rather ungraciously, by one of them bringing in
a Bill for disqualifying the Judges, before my Speech was reported by the Speaker.
I attributed this however to its true cause, & I understand that their general Lan-
guage & expressions of approbation, were such, that, contrary to the suggestions of
the best informed of my friends, I really considered myself warranted in hoping that
we should have gone on smoothly. This hope, however did not last long; they
immediately passed a resolution, which alluded to the manner in which I had dis-
solved the last Parliament. It was as follows — " That every attempt of the Executive
" Government & of the other branches of the Legislature, against this House, whether
" in dictating or censuring its proceedings, or in approving the conduct of one part
" of its Members, & disapproving the conduct of the other, is a violation of the Statute
" by which this House is constituted, a Breach of the Privileges of this House, against

1. See page 864.

CONSTITUTIONAL DOCUMENTS 375

SESSIONAL PAPER No. 29c

"which it cannot forbear objecting, and a dangerous attempt upon the rights & the
"liberties of His Majesty's Subjects in this Province.^

As this was an abstract proposition, equally applying to the other branches of the
Legislature: as it was not presented to me, and was not followed up by any other
proceedings, I thought myself at liberty to pass it over without notice; and I con-
sidered it as a promising instance of their moderation, that their paper, which never
yet failed in any opportunity that presented itself, for exciting disaffection, or sedi-
tion, did not publish this resolution.

Proceeding from this, in the Bill for incapacitating the Judges, they included in
it. the Provincial Judge of the inferior District of Gaspe, and they made it a part of
the Bill that Judges now belonging to the House, should be incapable of sitting or
voting from the passing of the Act. The Bill thus formed, went up to the Legislative
Council, who amended it by omitting both these clauses, & returned it to the Lower
House.

The extending the ineligibility to the Judge of Gaspe, had never been in con-
templation, and was adopted now, solely because he was considered as an officer of
Government, while the latter measure of the immediate expulsion of the Judges, who
had seats, was taken upon the mere grounds of x>ersonal hostility towards Judge
DeBonne,^ who was the only Judge in that predicament. For the indecency of this,
they had the less excuse, because I had taken care they should be informed, indeed I
had myseK told the Speaker, it was my intention to recommend M'' DeBonne, to His
Majesty, and to request that he would be graciously pleased to raise him to the Upper
House.^

The House, upon receiving the Bill, as amended by the Council, burst into a
flame of resentment & apparent indignation. The Language was violent, and went the
length of asserting, that the Council had gone beyond its powers, they however pro-
ceeded to take the amendments into Consideration, in which they appear to have given
up the exclusion of the Judge of Gaspe, but to have persisted in the Clause for the
immediate expulsion of such Judges, as might be then in the House.

Pending, however, the discussion of these points, a Monsieur Bourdages one of
the most marked demagogues of the set, had come down from the Country, and taken
his seat, and his arrival seems to have added considerably to the violence of tlieir
measures. There are Three Bills, which are passed annually, one for making a tem-
porary p^rovision for the regulation of the Trade between this Province and the United
States, another for the better preservation of His Majesty's Government, & the third,
commonly called the Alien Act.

The two first of these Bills had actually passed both Houses before the arrival of
M'' Bourdage;* but upon the third being brought in, that Gentleman made a motion
for deferring the Second reading till the 20'''^ March, which motion .passed as usual.

The Judge's Bill was returned with the Amendments from the Council on friday
the 23*^ Feb^. and on the same day the House went into a Committee to consider of
those Amendments, reported progress, and asked leave to sit again on the morrow. On
that day however previous to the Speaker leaving the Chair, M"^ Bourdage made a
motion in the following words " that P. A. DeBonne being one of the Judges of the
" Court of King's Bench canoiot sit or vote in this House " this motion passed by 19
votes to 16 who were against it.^

M'' Bourdage's second motion followed of course & passed by the same Majority.
It was " that the seat of P. A. DeBonne one of the Members for the County of Quebec

1. See pa^e 366.

2. S.e pages 3 ,0 and 370.

3. Sir James Craig's despatch Nx). 9 tyf May 12tli, 1810, recommends that Mr. DeBonne
b« appointed to the Legislative CounciL The appointment never was made.

4. See paae 445, note 2.

5. See page 371.

376 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

is vacant." The House then went into a Committee on the amendments made by the
Council & reported to the House as I have already observed.

Upon the number who appear on each side/ on this occasion & by which it would
seem that the majority of the democratic party was only of three, I must observe, that
altho' that question was not expected yet it so happened that the whole strength of
the party who acts against them chanced to be present, they could not have mustered
another vote, & they amounted only to thirteen who could be depended upon; three of
those who usually voted with the other party joined them on that occasion which made
out their sixteen.

On Monday Morning I assembled The Executive Council, and asked their advice,
n^hen the opinions were unanimous as to the necessity of an immediate dissolution.^
I had previously prepared what I thought it right to say on the supposition of that
measure being adopted and I submitted it to a very minute scrutiny ; which it under-
went in the wish of combining the two objects of moderation towards the House, and
the information which it was on all hands agreed to be exiiedient to convey to the
Country through that medium which, I must repeat, is the only channel of communi-
cation that exists between the Government & the people. The Parliament was pro-
rogued on that day and dissolved by proclamation the following thursday.

During these proceedings with relation to the Judges two other objects had engaged
the attention of the House, the first I shall mention, tho' not the most important was
the appointment of an Agent^ to reside in London to transact the business of the
Colony; this was with the view of providing a more direct communication, as they
supposed would be produced by it between them & His Majesty's Ministers at home,
than any they could have thro' the Governor here. This Bill however was of no con-
sequence; I knew very well that the Legislative Council saw the attempt in its true
light, & would never pass it, and the House had not yet come quite to the length of
assuming the power of appointing An Agent for themselves only.

The other object which they had in view, was the taking upon themselves, the
payment of the Civil Expenditure of the Province.* This has been a favourite object
with them for some years past, but they have been hitherto at a loss how to bring it
about, without laying a direct tax on the Countiy which they have never dared to
attempt: the present was thought a favourable opportunity on account of the expir-
ing of the Act for raising the fund for building the Goals of Quebec & MontreaP
which will take place the 25*^^' March next, and by the renewal of which they proposed
to obtain the necessary"- money or nearlj-' so, while the complete ascendency which they
have acquired over the Minds of their Countrymen, the present state of Europe, on
which, they unquestionably bear a constant eye, and the consequent apprehensiotn' of
any possible disturbance in this Country, which they suppose to exist on the part of
Government, led. them to believe they could carry anything through, which they chose
to attempt, in consequence of the power and influence which, by this means, they
expected to obtain.

Your Lordship will be enabled to form a more complete Judgement on this very
important point, as I shall have occasioiu to transmit by this opportunity a statement
of the Expence, and of the Revenue imder all the various circumstances under which
they stand. Here it may be sufficient to observe, that the Estimate of the former
which I was prepared to have laid before the House, according to its desire, amounts
to £45,475. 15. 10 and the amount of the collection of the last year of the duties
specially appropriated towards the defraying that Expence, was £27,645. 1, 10 1/2
leaving a Balance which they would have had to provide for of about £17,830.

1. See the record of the vote, page 371.

2. S?e page 371, note 2.

3. See I age 369.

4. See page 3€6.

5'. This Act. 45 Geo. Ill, Cap. XIII, levied duties ou certain imports and on goods sold
by auction. It was to remain in force for a period of six years. See page 407.

CONSTITUTIONAL DOCUMENTS 377

SESSIONAL PAPER No. 29c

The proceedings of the House on this point were irregular in the extreme; their
object was perfectly understood; they imagined that, by taking upon themselves the
payment of the expence in question, they should do away the appropriation, and per-
petuity of the duties now established by their own Acts, and that by a New Act, or
rather by a vote of the House, for I really believe they expected to carry it through
•by that means only, without admitting of the participation of the other Branches of
the Legislatui-e, they should grant the whole only from year to year, assuming at
the same time the entire controul & management of the payment of all the Salaries
of the Officers of Governmeuit, of which they avowed their intention to regulate the
amount on principles of more strict Economy, that these in future would have there-
fore to look up to them, who by that means would become the complete Masters of the
Country.^ In pursuance of this object, they began by a vote, " that the House of
" Assembly ought to vote the necessary sums for defraying the Civil expences of the
" Government of this Province." and almost immediately after voted Addresses to
His Majesty and to the two Houses of the Imperial Parliament separately; In which
they say, " that this House hath, in the present Session, taken iipon itself all the
" Civil expences of the Government of this Province."

In all this no notice whatever was taken of the Legislative Council, everything
seemed to be studiously pointed out as the work of the House of Assembly only ; and
so eager were they to accomplish their point, that they had actually voted that their
Constituents should pay a large sum of money, without having taken one step to
ascertain what the amount of that Sum would be; they had neither the Estimate of
the Expeaiditure before thera^ (for your Lordship will observe that their Address to
me to obtain that Estimate was subsequent to the vote they had passed that they
would pay its amount) nor had they any return of the Collection of the duties on
which they dei^ended for that payment; these irregularities were not however of any
consequence, and altho' under the advice of the Executive Council,* I thought my-
self obliged to decline forwarding their Addresses to the two Houses of the Imperial
Parliament, I should not have thought myself wan-anted in any otherwise interfering
in the Business until it had come before me in its regular progress, and I had pre-
pared to be laid before them the Estimate which they had required; I was thus wait-
ing to see the shape in which it would come before me when their proceedings rela-
tive to the expulsion of the Judges put me under the necessity of closing the Session.

The grounds upon which I adopted the resolution of again dissolving the Parlia-
ment, and upon which His Majesty's Executive Council supported me in my opinion
as to the necessity of doing so, are sufficiently marked in my Speech on the occasion,^
a copy of which is before your Lordship. We were of opinion that the House assumed
to itself a power which not only was not warranted, but a prohibition of which was
clearly implied Vjy an Act of the Imperial Parliament; and I said truly in my Speech
what I felt in my Mind, when I informed them that I dare not render myself the par-
taker of such a step.

These my Lord were the Constitutional grounds upon which I acted, but con-
sidering the subject in a more extended view of political expediency, I have no hesita-
tion in assuring your Lordship that I felt the strongest urgency for takingi an immedi-
ate stand against the strides of Democratical influence which were daily becoming
more apparent & of which the House of Assembly was the direct organ. It appeared
to me that it could only gather strength by any delay in the means to check its pro-
gress, nor was it possible to foresee the Lengths to which it might not go if encouraged
by an acquiescence in the present attemj)t.

1. For another statement of this vi«w see the despatch of Lord Dalhousie, page

2. Sae page 366.

3. Sae the Jnvrnals of the Hovse of Assembly for February 13th, 1810.

4. S?e page 368, note 2.

5. See page 371.

378 CA-^ADIAN ARCHIVES

4 GEORGE v., A. 1914

This Dissolution seemed to meet the general approbation of all thinking people.
Addresses in very strong terms were presented to me from the Cities of Quebec and
Montreal, from Three Rivers, William Henry and from some of the Counties, and it
was thought better this time to take advantage of what appeared to be the first impres-
sion., and to bring on the new Elections as early as the necessary forms would admit
of: even the Leaders of the party seemed at first to be staggered at a measure which
they certainly thought, and openly said, I dared not undertake & many of their fol-
lowers were known to express themselves as wavering in their opinion as to the pro-
priety of the lengths to which they had been led.

It was soon however seen that they had recovered themselves, and had resumed
more than their usual activity; every pains was taken to seduce the public mind, the
most false and scandalous reports were assiduously propagated, & the most seditious
and inflammatory publications were universally spread thro' the province which were
read & commented upon by their Agents in every Parish. In these Government was
grossly misrepresented & verified,^ the administration of Justice brought into Con-
tempt, and a spirit of dissatisfaction, distrust and alienation excited tending to the
most alarming consequences, Such as it became at last impossible any longer to dis-
regard, and imperiously to call for the intervention of the Executive power. For the
measures that have ensued in consequence of this necessity, I refer your Lordship to
my Dispatch N'' 5^ a duplicate of which accompanies this.

I have the honor to be
My Lord

Your Lordship's
most obedient

Humble servant

J. H. CRAIG
The Earl of Liveipool

&c &c &c
Endorsed :

Quebec 30 March 1810
Lt. Gen. Sir J. Craig

N°. 6
R.

1. The text has been followed here. Vilified is probably intended.

2. The press of Le Canadien was seized and, under the authority vested in the Execu-
tive Council by the Act for the better security of His Majesty's Government, the leaders of
the popr.lar party were arrested. For Craig's despatch No. 5 see the Canadian Archives, Q.
112, page 56.

ij

CONSTITUTIONAL DOCUMENTS 379

SESSIONAL PAPER No. 29c

PEOCEEDINGS IN THE COUET OF KING'S BENOfI

RELATING TO THE IMPRISONMENT OF PIERRE ^^th April^ isio.

BEDARD.^ On a m^on for

^ ^ ^ ^ a Writ of Habeas

In the Case of Pierre Bedaed. Corpus to produce

* the body of a

This day, A. Stuart- moved for a Writ of Habeas Corpus, directed person in custody,
to the Keeper of the Common Gaol of the District of Quebec, to from ""thr^^"^""*
produce the body of Pierre Bedard, returnable within fourteen days, Members of the

and filed the following Documents in support of his application : — Executive Council
A • cTir- 1 A /-I Till 1 ^^'^ treaeouiable

1st. A notice oi Motion to the Attorney General, dated the day practices,")

previous. founded upon ^^

2nd. The following' certified copy of Commitment : — as a Member of

^""Province of Lower Canada to Wit. ParWnt'fwo

To the Keeper of the Common Gaol of Quebec. papers purporting'

Whereas Pierre Bedard, of Quebec, Barrister at Law, stands tures o^^Electlon
charged before us upon oath, with treasonable practices, these are, produced in sup-
therefore, in His Majesty's name, to require and command you to are'^not^euffident^'
receive the body of the said Pierre Bedard into your custody in the evidencs of his

Common Gaol of this District, and him safely there to keep and ^f^^"-, ^"^^

. . MembeT to en-

detain until he shall thence be delivered in due course of law. title him to the

Given under the Hands and Seals of us, Thomas Dunn, Francois ^'i.^St of the
Baby and John Young, three of His Majesty's Executive Council, ^ Member of the
of and for the said Province, at the City of Quebec, in the said Provincial Parlia-
Province, this 19th day of March, 1810, in the 50th year of His Quebec^Yhe^place
Majesty's reign. where he is

(Signed) " Thos. Dunn/' " F. Baby/' « John Young." ei'<Jhteen day?"*^''
(A true Copy.) (Signed) Willum Reid, Keeper. tiorfir''"'trealon

3rd. The Quebec Gazette containing the prorogation of the Pro- ^^^f practices,"
vincial Parliament by His Excellency Sir James Henry Craig then confine"ment ^^
Governor-in-Chief, &c., on Monday the 26th February, 1810. elected a Member

4th. The Quebec Gazette containing Proclamation, dated 1st Parliament, is
March, 1810, dissolving the Provincial Parliament and calling a new "^t entitled to
Parliament, Writs to bear test the 12th March, 1810, and to be return- W^^h. ^irvest\j

1. From Stuart's Reports of Cases Argued and Determined in the Courts of King's
Bench and in the Provincial Court of Appeals of Lower-Canada, page 1.

Pieire Stanislas Bedard was born in 1762. He was educated at the Si-minary of Quebec
and received his conamission as advocate in November, 1790. In 1792? he was elected to the
first Parliament of Lower-Canada for the County of Northumberland which he continued
to represent until 1808. In the general election of that year he was elected for the Lower
Town of the City of Quebec and on April 21st, 1810, was returned for the County of Surrey.
He was one of the recognized leaders of the party in the House of Assembly which opposed
the policy of Sir .James Craig and was one of the founders and editors of Le Canadien.
Articles puHished in this paper were considered by the Executive Council to be of a seditious
character and orders were accordingly issued for Bedard's arrest and imprisonment. Craig
insisted on securing an apology from him as the condition of his release but Bedard steadily
refused to admit that he had committed any offence worthy of imprisonment and, in cou-
seqi.ence, he remained in jail for months after his associates on Le Canadien had been libe'*-
ated. His case was taken up by the Assembly in 1811 and his release was demanded on the
ground that the privileges of the House of Assembly were violated by his detention. (See
page 420.) Bedard was one of the first to profit by the change in the policy of the adminis-
tration which resulted from the appointment of Sir George Prevost as Governor. On tlie
promotion of Olivier Perreault to the bench, Bedard was offered but declined the position of
Advocate Geiieral if the Province. In December, 1812, he was appointed Provincial .Indge
for the District of Three Rivers in succession to Justice Foucher. He died, April 26th, 1829.°

2. Andrew Stnart was a brother oif James Stuart who had been dismissed by Craig from
the po it on of So'iritor General. (See page 364.) He represented the City of Quebec, — at
first, the Lover Town and later the Upper Town,— from 1814 to 1834, and was one of the small
group of English reformers which acted in concert with the French Canadian majority.

380 CANADIAN ARCHIYES

4 GEORGE v., A. 1914

reason of his able on Saturday the 21st day of April following-, for eveiy place but

election to either r[„™4
Parliament. '-^-aspe.

5th. An Indenture, dated 25th October, 1809, by -which it appeared
that Pierre Bedard was returned as Member of the Provincial
Parliament for the Lower Town of Quebec. *

6th. An Indenture, dated March 27th, 1810, by which it appeared
that the said Pierre Bedard was returned as a Member for the County
of Surrey.

A. Stuart [in support of the Motioox] said, that this application was grounded
upon the proviso of the Provincial Act 43, Geo. III. c. 1, s. 6., which provides " That
" notfiing in that Act should extend, or be construed to extend, to invalidate or restrain
" the lawful rights and privileges of either branch of the Provincial Parliament in
" this Province," and that the question submitted to the Court was, whether this pro-
viso embraced the present case? and whether it does not destroy the force of the 4th
clause, which enacts " That such Writ of Habeas Corpus, or the benefit thereof, shall
" not be allowed by such Court or Courts, Judge or Judges, to any person or persons
" detained in prison, at the time of his, her, or their application for such Writ of
'• Habeas Corpus, by such Warrant of His said Majesty's Executive Council as afore-
" said, for such Causes as aforesaid, or any or either of them; and that in all and
" every case, where such Writ of Habeas Coi^nis shall be allowed, no Court or Courts,
" Judge or Judges, shall bail or admit to bail, the person or (persons to whom such
" Writ of Habeas Corpus shall be allowed, if upon the return made to such, Writ of
" Habeas Corpus at the expiration of fourteen days, from the day on which such Writ
" of Habeas Corpus vshall be so allowed, it shall appear that such person or persons
" shall be then detained in prison, by such Warrant of His said Majesty's Executive
" Council, as aforesaid, for such causes as aforesaid, or any or either of them, any
" Law, Statute, Act or Ordinance to the contrary notwithstanding."

The House of Assembly must, of necessity, have those privileges which are
essential to its very existence. To ascertain what those privileges are, we must look
to the House of Commons inj England, where the applicant would undoubtedly have
been entitled to his privilege. Parliamentary privilege, as to the freedom from arrest,
not only exists during the actual sitting of Parliament, but extends to forty days after
a dissolution. There are but three Cases to which it does not extend. Treason, Felony,
and an actual lireach of the peace. The charsie against the applicant comes iinder
neither of these descriptions. ^' Treasonahle practices" are not treason: they possess,
indeed, some of the qualities of treason, biat are entirely destitute of other essential
qualities necessary to constitute treason. As for example, in the case of Sydney,
among whose private papers were found some wi'itings of a treasonable tendency; but
they had neither beeni published, nor did any intention of publishing them appear.
So also, in the case of a person preparing to malce communications to the King's
enemies, without having taken any steps to carry his intention into effect. In both
cases will be found " treasonable practices," but in both, the overt Act, absolutely
essential to constitute treason, is wanting. " Treasonahle practices " are certainly
not Felony, nor do they amount to an actual breach of the peace. This is a commit-
ment for " treasonahle practices/' and commitments must at all times be construed
strictly. The offence cannot be constructive, it must be an actual breach of the x>eace.
The charge, therefore, not coming under any of the three exceptions, the applicant
ought not to be barred of his privilegie. The case of Wilhes is in point, who was
arrested for having published an infamous and seditious libel, (a) He was brought
before the Court of Common Pleas by a Writ of Habeas Corpus, and claimed the
(a) 2 Wils. 151.

1. The Statute 43, Geo. Ill, c I, is a re-enctment of the Statute 37, Geo. Ill, c. VI. See
page 215.

CONSTITUTIONAL DOCUMENTS 381

SESSIONAL PAPER No. 29c

privilecre of Parliaineut : Lord Chief Justice Pralte (afterwards Earl Camden) was
of opinion that he was entitled to his discharge, and discharged him. Upon the point
of privilege, the applicant claims as well upon the ground of having been a Member of
the late, as of having been elected a Member of the new Parliament, (h)

The Attorney General, (Uniacke,)^ contra. Before the Counsel for the applicant
can avail himself of the ai"'giument he has made use of, he must distinctly establish
what are the privileges of the Members of the House of Assembly of Lower Canada.
The present question is, whether ami express Act of Parliament is to be evaded by
extending to the Members of the Provincial Parliament, all the privileges of the
Members of the Imperial Parliament? This cannot be the case; because it is no
where to be found that such privileges have been extended to them: — nor have any
such been given to them by the Constitutional Act. Every traitorous attempt is
treason; nor is it necessary that treasonable designs should be ripe for execution,
and have actually commenced their operation, to bring them under the denomination
o£ treason ; nor does privilege any more extend to treasonable practices than to treason
itself. The argument founded upon the case of Wilkes must fall to the gi-ound. For
the House of Commons solemnly disavowed the decision of the Court of Common
Pleas in the very same year in which it had been made (1763) ; and the House of
Peers, five days subsequent to the resolve of the Commons, passed a similar resolution.
Of late years the privilegies of the House of Commons have been much curtailed, and
if the question before the Court were now raised in England, the applicant would,
most certainly, not be allowed his privilege, (a) Indeed there is no instance of a
Member being allowed privilege in a criminal case, neither is the charge against the
applicant for a supposed or constructive oifence. The Warrant of Commitment shews
it to be a charge of " treasonable practices " upon oath, and this charge unquestionably
includes a breach of the peace. It would surely be absurd to say, that in the case of
a common assault upon; an individual, a Member of the Legislature shall not be
px-ivileged, and yet, — that on a charge of " treasonable practices," affecting the wel-
fare and tranquillity of the whole population of a country, he may claim and have his
privilege. The obvious intent of the privilege of Parliament is to protect a Member
from the sufferance of wrong, not to enable him with impunity to commit wrong;
" it must not be used for damage to the Common Wealth."

The Advocate General, (Perrault,)* on the same side. This question is not with-
out difficulty. By the 4th Clause of the Statute 43, Geo. III. c. 1." all persons, accused
of certain offences therein specified, are divested of the right to sue out a Writ of
Habeas Corpus. The Counsel on the opposite side has fallen into an error in the
application of the two authorities he has cited. The decision of the Court of Common
Pleas, in the case of Will-es, was against every principle of law, (a)^' and was formally
disclaimed by the British Parliament. The privilege of Parliament extends only to
civil cases; there exists no precedent of the extension of it to indictable offences, of

(b) Holiday & al. v. Colonel Pitt (Strange, 985.) Avas cited to prove that th-e privilege
of Parliament extends to a certain period after a dissohition.

.\lso 1 Siderfin 42. 1 Hatseiirs Precedents 163; and Bacon, under the word privilege, to
shew that a person already in custody is entitled to claim his privilege as soon as he
^3 elected.

(a) 1. Hatsell. 200. and 5. Bacon 631— No. i.

(a*) 1 Black Com. 165-166 and 4. 149.

1. Norman Fitzgerald Uniacke had been appointed Attorney General in June, 1809. His
conduct in this position did not prove satisfactory and he was temporarily suspended from
office in May, 1810. He was later reinstated and acted a? Attorney General until February,
1825, when he was appointed a Judge of the Court of King's Bench for the District of Mont-
real.

2. Olivier Perreault had held the position of Advocate General of Lower Canada since
1808. In January, 1812, he was made an honorary member of the Executive Council and 'a
May of tlie same year was appointed a .Justice of the Court of King's Bench for the District
of Quebec. He was appointed to the Legislative Council in May, 1817, and in 1822 became a
regular member of the Executive Council.

882 CANADIAN ARCHIVES

. 4 GEORGE v., A. 1914

which description is the offence the applicant is charged with. The spreading false
and malicioiis reports against the Government must be considered as a breach of the
peace. The writing and publishing seditious libels, also, is an offence not entitled to
privilege, which is taken away in all criminal cases. The case of Holiday v. Pitt, was
entirely a civil case, and therefore not applicable to the present question. The War-
rant of Commitment is sufBcient proof that the offence with which the applicant is
charged is an indictable offence, and is, therefore, sufficient ground for the Court to
reject the present application for a Writ of Habeas Corpus.

Bowen^ on the same side. Should the argument in support of the motion be
admitted, the House of Assembly might be composed of fifty traitors, and no remedy
be had against them; it would be to say, that under the shield of privilege, might
be found protection and security from the consequences of criminality. But before
entering into the consideration of " what may he the privileges of the Provincial
Parliament," let us examine whether the applicant, at the time of his arrest, could
be considered as a Member of that Parliament, or was entitled to claim any lawful
privilege that may attach to that character. For this purpose it is necesary to advert
to dates. The prorogation of the Provincial Parliament took place on Monday,
February 26th, 1810. The Proclamation, dissolving the House of Assembly, issued
on Thursday, 1st of March. The Writs for a new election bear teste on Monday,
March 12th. The arrest of the applicant was on Monday, March 19th, and he is said
to have been elected one of the Members for the County of Surrey, on Tuesday,
March 27th. It is very material to keep these dates in view, for the principles of
this application are, that the applicant is entitled to obtain his Writ on two grounds.
1. As having been a Member of the late Provincial House of Assembly. 2. As having
been elected a Member of the neiv Provincial House of Assembly. And, as such,
entitled to his privilege. He ought not to succeed on the first ground, because, if we
refer to English authorities, it will be found that the period after a session, during
which a Member of Parliament is privileged, for the purpose of his return home from
the performance of his public duty, is a reasonable time for that purpose, and not, as
has been argued, forty days. And this was decided in the case of Martin, (a) The
case cited of Holiday v. Pitt, only shews that the Members had privilage, after a pro-
rogation or dissolution, so long as they were paid, that is to say, till they reached
their own houses. Eighteen days had elapsed between the dissolution of the late
Parliament, and the arrest of the applicant; and can it be seriously argued that this
was not a reasonable and sufiicient time for him to go from the House of Assembly
to his own house, when both are in the same city? If he could have claimed any
privilege, therefore, it could only have been the privilege of a single day. — He must
fail on the second ground also, because, at the time of his arrest, he was not a Member
of any Parliament; and, consequently, the 4th Clause of the Provincial Act, cited by
the Counsel for the applicant in opening his case, is in full force and effect, and is a
perfect bar to his claim of those privileges referred to in the proviso, be they what
they may. The case of WilJces has been cited to shew, that as the applicant has

(a) See Martin's case iu 1586.

1. Edward Bowen was born in Ireland in 1786. He came to Canada in 1797 and entered
on tile study of law. Before receiving his call to the Bar in July, 1803, he had served *s
Clerk of the Crown for the District of Quebec and later as Deputy Clerk of the Crown for
the Province. On the promotion of Jonathan Sewell to the bench in 1808. Bowen was given
a provisional commission as Attorney General. The office of Solicitor General had become
vacant by the dismissal of James Stuart in May, 1809, and, on the appointment of Uniacke
as Attorney General in June of the same year, this position was offered to Bowen but refused.
On Uniacke's suspension in 1810, Bowen again acted as Attorney General. He was appointed
a Justice of the Court of King's Bench for the District of Quebec in May, 1812. From 1809
until his promotion to the bench he represented the borough of William Henry in the Hou-«>
of Assembly. He was appointed to the Legislative Council in October, 1821, and served as
the last President of the Council under the Constitution of 1791. In 1849, he was appointed
Chief Justice of the Superior Court of Lower Canada. He died, April 11th, 1866.

COXSTITrTIoyAL DOCUMENT'S 383

SESSIONAL PAPER No. 29c

been elected, since his confinement, a Member of the new Parliament, he is entitled
to privilege. But the decision of the Court, in that case, has long ceased to he recog-
nized as law; and was set aside by the Parliament itself. The privilege of a Member
of the House of Commons commences only at his election; "but if he be arrested,
or taken in execution, before his election, he shall not have privilege." (a) But,
even here, the reference is only to civil suits: how then can it be contended that
privilege exists, previous to election, in criminal cases? In England Members of
Parliament are privileged from arrest in all cases, treason, felony, or breach of the
peace only excepted, (h) The 6th Clause of the Statute 43, Geo. III. c. V says, that
"nothing in this Act shall invalidate or restrain the lawful rights and privileges of
"either branch of the Provincial Parliament;"^ and the question necessarily arises,
What are the lawful rights and privileges of the third branch of the Legislature of
Lower Canada ? — Are they, in every respect, the same with those immemorially enjoyed
by the House of Commons in England^? — Most assuredly not. Where then shall we
find them enumerated, or by what means can we trace them out? The Act of the
Slst Geo. III. c. 37,* by which the Legislature of Lower Canada was created, and by
which our constitution is given to us, defines and limits that constitution. Will the
Court admit that the Provincial Legislature is entitled, under that Act, to all the
privileges of the Imperial Parliament? It is impossible. A Member of the Provincial
House of Assembly can claim no privileges, but such as are there given him. In that
statute is comprised our whole constitution; that statute forms our only charter.

A. Stuart, in reply.

When I first made this application to the Court, I was under a strong impression
that, in point of law, it ought to be granted: and this impression has been matured
to perfect conviction by the arguments adduced by the Counsel who have opposed the
motion. They have founded their arguments on an assertion the most questionable.
They deny that the House of Assembly has any privileges v>'hatever; although those
privileges have been constantly claimed and recognized, — are inherent in every Legis-
lative body, — and are essential to its very existence. But it is said that they are
(neither mentioned, or defined, in the Act of the 31st of the King. I know no reason
why a more strict rule of construction should be applied to this statute than to any
other; — but I can conceive many strong ones why it should receive a more liberal con-
struction than an Act which, perhaps, solely relates to and regulates mere private
rights. It follows, a fortiori, that the British Parliament, in granting to this country
a Provincial Legislature, granted also those necessary privileges without which that
Legislature could have no political existence. It would be difficult, and Sir William
Blackstone thought it would be inexpedient, to define with accuracy the extent of
Parliamentary privilege. The privileges of the Imperial Parliament are not fi^ed by,
nor to be found in any statute. The authorities, cited by the Attorney General from
Hatsell, prove, what I have urged, the necessity of Members of Parliament being free
to proceed to the performance of their public duties. If it were true that the House
of Assembly have no privileges, it would be in the power of the other branches of
the Legislature to annihilate it. And, if it have privileges, from whence can we
derive so correct information of their nature and extent, as from the British House
of Commons itself? But it has been said that, in Engiland, a Member of the House
of Commons, coufined upon a charge of treasonable practices would not be entitled
to privilege. The dictum of Sir William Blackstone, cited in support of this asser-

(a) 5. Bacon 631. (b) 4. Ins. 23.

1. See pags 380, note 1.

2. See page 216.

3. For a disc ussion of the question of the Privilege* of a Colonial Legislature see page 4W.

4. The Act referred to is the Constitutional Act, 31 Geo. Ill, XXXI. See Constitu-
iional Documents, 1759-1791, Shortt and Doughty, 1907, page 691.

384 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

tion, is contradicted by the decision of the Court of Common Pleas in Wilkes's case,
and by the h^w authorities referred to by Chief Justice Pratte. The Resolutions of
the two Houses of Parliament, consequent upon this decision, were passed in times
not the most calm ; and are not entitled to carry the same weight with them, that the
decision of Chief Justice Pratte carries. " Treasonable practices " may exist, and
yet the party not be guilty of an indictable offence. If the principle be admitted —
that privilege never extends to any case of a criminal nature, why are treason, felony,
and breach of the i)eace alone specifically excepted? If the Provincial Act of the
43rd of the King is to be construed in the manner contended for by the Counsel for
the Crown, the proviso is altogether nugatory. The case of Martin has been cited,
to shew that privilege extended to a reasonable time only, after a prorogation. In
that very instance, twenty days were considered to be a reasonable time: yet it is
cited as an authority to shew that ei@]hteen days are more than a reasonable time.
The case of Pitt incontrovertibly establishes that the privilege of Parliament extends
as well to a certain period after a dissolution, as after a prorogation. I will conclude
with repeating my former observation, that, in the present case, privilege is claimed
upon the double principle of the applicant having been elected, and being at the pre-
sent moment, a Member of the new Provincial Parliament as well as that he was a
Member of the late Provincial Parliament.
Per Curiam.

Sewell, Ch. J. We are fully satisfied that the motion cannot be granted. The facts
which constitute the case before us are few in number. The late Provincial Parliament
was dissolved by Proclamation on the first of March last, and, by the same Proclama-
tion a new Parliament was summoned to meet on the 21st of April. On the 19th of
March Mr. Bedard was arrested, and committed to the common goal of this District,
by a Warrant under the hands and seals of three Members of the Executive Council,
for " treasonable practices,"^ and the object of the motion before us, is to release him
from confinement upon the grounds that he served in the last Parliament as a repre-
sentative of the City of Quebec. That on the 27th of this present month, he was
elected to serve in the same capacity for the County of Surrey in the new Paidia-
ment, and therefore that he is entitled to his discharge, by reason of his privilege as
a Member of the House of Assembly. The commitment of Mr. Bedard is made under
the authority of the Provincial Statute 43rd Geo. III. c. 1. which authorizes the deten-
tion of every person committed by Warrant, signed by three of the Executive Council,
for High Treason, Misprison of High Treason, or '' treasonable practices," without
bail or mainprize, during the continuance of the Act. It is, however, provided by the
sixth Clause of this Statute, " That nothing in the Act contained shall extend, or be
" construed to extend, to invalidate or restrain the lawful rights and privileges of
"either branch of the Provincial Parliament;"' and it is contended that Mr. Bedard
is within the letter of this exemption. But to bring this case within this proviso, it
is obvious, that in the first instance he must be proved to be a Member of the Legis-
lative Council, or of the House of Assembly; and, in point of fact, there is no evi-
dence of either. We have nothingi, indeed, before us but two papers, which we are
told are Indentures, executed between Mr. Bedard and the Electors of the City of
of Quebec, and of the County of Surrey. I say " told," because of this assertion no
proof whatever has been offered, nor is any thing adduced, from which the authen-
ticity of these papers can in any way be inferred. In the case of John Wilhes there
was a formal admission (a) on the part of the King's Serjeants, that he was a Mem-
ber of the House of Commons ; and, upon that admission the proceedings of the
Court of Common Pleas were founded. In this case there is no such admission, and

(rt) 2. Wilson 151.

1. See page 379.

COXSTITUTTOXAL DOCr}fEXTS 385

SESSIONAL PAPER No. 29c

as there is a total absence of every thing which, by law, we are permitted to reeeive
a? evidence of the fact upon which this claim of exemption is entirely built, we must
necessarily, for this defect alone, reject the motion. I should be sorry, however, to
have it supposed that this Court concedes what has been argued, viz., " That there is
privilege of Parliament against arrest for treasonable practices," or to have it believed
that we should hold ourselves bound by law, in an^ future instance, to admit a claim
of privilege against arrest under circumstances similar to the present. The circum-
stances to which I allude, (assuming all facts to be as they have been stated,) are
the arrest of Mr. Beclard eighteen days after the dissolution of the last Parliament
and his Election to the new Parliament during his confinement. If Hr.Bedard was
entitled to privilege upon the day of his arrest, (the 19th of March,) it is evident,
(as he was not. elected for the County of Surrey until the 27th day of March,) that
his right to it must be solely founded on the fact of his having been a Member of the
last House of Assembly; and if he was not entitled to privilege upon the day of his
arrest, then, it is equally evident, that his claim to privilege must be entirely founded
upon his election to the new Parliament. In England, the privilege from arrest is
claimed and allowed to every Member of the ITouse of Commons, " veniendo, moraii'
do, et exinde ad propria redeundo" (a) and extends to forty days after every pro-
rogation, and to forty days before the next appointed meeting. (6) But although,
to the effect which has been stated, there are several legal decisions, yet it does not
appear that any precise period, for the duration of this privilege after a dissolution,
has been fixed. Prynne is of opinion, that it continues for the number of daj's during
which (after a dissolution) a Member formerly received wages; (c) and tnose wages
were in proportion to the distance between his residence and the place where the
Parliament was held, (d) Upon this principle, in the case of Holiday v. Fitt, (e)
which has been cited at the bar, it was held by all the Judges that this privilege
extends only to a convenient time after a dissolution, that is, to a sufficient time to
enable the Member, with convenience, to return home. Now, the last Provincial Par-
liament met in Quebec, ini the very place for which Mr. Bedard was returned a Mem-
ber, and in which he resides ; and as, therefore, it is impossible to say that he had not
a convenient time for his return home, for transporting himself from one, to another,
part of Quebec, between the first and the nineteenth day of March, it is clear that the
day on which he was arrested was not within the period to which the privilege of the
last Parliament extended.

Let us now examine whether this claim can be supported under the privilege of
the new Parliament. There is certainly a material difference between the election of
an individual who is at large, and the election of one already in confinement, which
is the present case. In the former instance, the electors, having chosen a free man,
are without blame, and ought not to be deprived of his services by any act of his, to
which the privilege of Parliament extends; int the latter they make choice of one who
visibly is not in a situation to perform the services which theyi require of him, and
they have, therefore, only themselves to blame if they are deprived of them. In
England, again, upon these principles, it has been decided that the privilege of a
Member of the House of Commons from arrest, commences at his election, (a) unless
he has been arrested, or be iui execution before his election, in which case it has also
been decided, that he is not entitled to privilege. (&) Freedom from arrest, in all
cases to which privilege legially extends, may be considered to be as indispensably
necessary to the existence of a Provincial House of Assembly, as to an English House
of Commons. But there is no principle upon which it should be admitted in this
Province, under circumstances which are held in England to be such as must exclude

(a) 4. Ins. 46. folio edition. (d) Stat. 35. Hen. 8. c. 11.

(b) 2. Irev. 72. (e) Strange 985, and Fort. 159.

(c) 4. Pari. Writi?. 68. >:
(a) 4. Bacon, fol. ed. 233.

(6) 2. Siderfin 42. R. in Pari. 12th March, 1592.
29c— 25

386 CANADIAX ARrinVES

4 GEORGE v., A. 1914

it. It is argued that " there is privilege of Parliaiuent from arrest for treasonable
practices," and to support this assertion it is cnutondcd that this privilege extends to
all offences except treason, felony and breach of the peace, (which may be admitted)
and that treasonable practices do not amount either to treason, to felony, or to breach
of the peace. The Court is of opinion that " treasonahle praclices " are v?ithin the
meaning of the vrords " hrcacli of the pcaceP and that the privilege from arrest does
not extend to cases of this description. All indictable crimes (and all treasonable
practices must be indictable) are held in law to be contra pacem domini regis; and
upon this ground, in England, it is now understood that the claim or privilege does
not compTehend the case of any indictable crime. Such being the opinion of the
Court, we are not called upon to make any enqviiry as to the distinction between
treason and treasoinable practices. It may be well, however, to observe, after what has
been argued, that the precise import of the phrase " treasonable practices " has never
been settled by any legal decision; and if by the word "practices" we are to under-
stand "'Acts/' it certainly v.ill be difficult to mark the line of distinction. In the
course of the argument, to shew that "treasonable practices" are entitled to privilege.
the ease of Joh^i Wilkes has been entirely relied on. It has been said, that by this
decision it was settled that a Member of Parliament charged with having written and
published a seditious libel was entitled to privilege; and from thence it has been
inferred that a Member, charged with " treasonable practices," niust also be entitled
to his privilege. Now, admitting this case for the present, to be law, it by no mean.-
follows because a seditious libel is entitled to privilege, that treasonable practice-
must also be entitled to it. If indeed, the latter was the minor offence of the two, it
might be inferred; but this is not the case, for in point of fact, it is the major anvl
not the minor offence. To constitute treason, there must be an actual design against
the King or his Government in contemplation; and it is in this that it is distinguish-
able from sedition, which comprehends such offences (not being capital) as are of
like tendency, but without any actual design against the King or his Government.
A charge therefore, of doing a thing seditiously cannot amount to a charge of high
treason; since that which is seditious, and no more, can only partake of the nature
of sedition. But, for the same reason, that which is treasonable must partake of the
nature of treason, and consequently be a crime of greater magnitude than any act
which is merely seditious. The case of Wilkes then;, if admitted to be law, proves
that the privilege of Parliament extends thus far, that is, to seditious acts, but affords
no proof whatever that it extends beyond them to '' treasonahle practices/' But the
decision in the case of John Wilkes the Court cannot receive as law, because it has
been solemnly disclaimed by both Houses of the British Parliament. The Judgment,
in this well known case, (pronounced May 3rd, 1763,) at the fii"st meeting of Parlia-
ment afterwards, was taken into the consideration of both Houses, and the discussion
ended on the 29th Nov. 1763, in a joint vote, by which it was resolved, '* That the
privilege of Parliament doth not extend to the case of writing and publishing sedi-
tious libels, nor ought to be allowed to obstruct the ordinary course of the laws in
the speedy and effectual prosecution of so heinous and dangerous an offence." (a)
Let the order therefore be, " that he take nothing by his motion."

WiLLiAMS_, J. I shall not touch upon all the points that have beoni so ably stated
by the Chief Justice. In the case of Wilkes, it was the admission of the Counsel for
the Crown, that established the fact of his being a Member. In the present case there
is no such admission; nor is there any evidence before the Court that Mr. Bedard
either was, or is, a Member of the Provincial Legislature. The decision of Lord
Camden was, certainly not correct; ner can it be received as legal authority; — for
the offence with which Mr. Wilkes was charged was clearly an indictable offence. —

(a) Comm. Journ. 24th Nov. 1763.
Lords' Journ. 29th Nov. 1763.
Almon's Deb. Cora, for 1763.

CONSTiriTIOXAL DOCUMENTS 387

SESSIONAL PAPER No. 29c

The Members of the Houise of Assembly of Lower Canada are, without Joubt, entitled
to the enjoyment of their lawful privileges, which ought not to be invalidated or
restrained. But what are those privileges? They are those which are granted them
upon the claim made by their Speaker, at his presentation to the King's Representa-
tive for approval, after his election to that office. The principal of which are " freedom
of Speech," for the purpose of managing! their debates ; and " freedom of person '"
during the Session of Parliament, and while going to and returning from thence, in
order to enable them to perform their public duty there. I entirely agree in opinion
with the Chief Justice that the motion caunot be granted.

Keur, J. I do not think it necessary to give any opinion upon the important
questions raised in the course of the argument upon this motion. The first point
submitted to our consideration, is whether the two Indentures supposed to be the
returns of Mr. Bedard as a Member of the last House of Assembly and of the present,
are sufficiently proved, or in other words, if his Counsel has offered legal evidence ot
his being within the exception contained in the Gth Section of the Provincial Statute.
I am entirely of opinion with the Chief Justice, that we have not evidence of his
being a Member of the last, or of the present Parliament, and consequently, we have
not now to decide whether a Member of the Assembly has his privilege in the case of
" treasonable practices." I will not follow this question then ah omnihus quwrendu,
but should it come regularly before the Court, we must not shrink from the execution
of our duly. It is sufficient for me to state, that I agree in opinion with the Court,
that this Motion ought not to be granited.

^fotion denied.

CRAK; to I.IVKHPOOL.'
Duplicate.

Quebec 1^"^ May 18 ID.
Mv Lord,

If my short dispatch X" 2- which 1 transmitted l-y way of Xcw York has
reached Your Lordship, you will be in some degree prepared to receive the Report
on the State of this Province, which I conceive it to be my particular duty, under th'.^
events that have lately' taken place, and the impression to which these have given rise
in my mind, and in that of very many of the best infovnied persons here, to lay before
His Majesty's Government.

Aware of the important matter that nui.--t press upon His Majesty's Ministers
at this eventful crisis, and extremely unwilling to trespass upon them beyond what I
feel to be indispensablj'- necessary, it is with great regret that I perceive the extent to
which my report is likely to run, I am fearful however, lest under any more con-
tracted form, it should fail of conveying that compleat view, which I am desirous of
submitting to your Lordship but, even in' this desire, it shall be my endeavour to
confine it more particularly, to those objects, by which the safety, the internal tran-
quility, and, above all, the political relation of the Province as dependant on the
British Empire may be influenced.

In the consideration which may be given to the various objects, which I may feel
myself called on to submit to your Lordship, I must request that the particular situa-
tion in which this Province stands, as being a conquered Country, may never be put
out of view, and I claim that it may always be recollected that I speak of a Colony,
the population of which, is usually estimated at 300,000 souls, and which, calculating
upon the best data in our possession, I myself believe to exceed 250,000. Of these
250,000 souls about 20,000 or 25,000 may be English or Americans, the remainder

1. From the copy in the Canadian Archive.?, Q. 112, page 121.

2. This despatch is missing from the correspondence of Sir .James Craig in the Can-
adian Archives.

29c— 25i

388 C'AXADIAX AJiClllVEH

4 GEORGE v., A. 1914

are French. I use the term designedly My Lord, because I mean to say, that they
are in Language, in religion, in manner and in attachment completely French — bound
to us by no one tie, but that of a Common Government, and on the contrary viewing
us with sentiments of mistrust & jealousy, with envy, and I believe I should not go
too far, were I to say with hatred.

This is the first point of view in which, whatever may have been the opinion
hitherto, I do not hesitate to present them, tho' under so perfect a consciousness of
the consequences that might possibly ensue from it that I feel a moral obligation
dwelling on my mind, on the occasion, from which I should shudder, if I did so,
witliout a conviction of its being well founded.

So eompleat do I consider this alienation to be, that on the most careful review
of all that I know in the Province, there are very few whom I could venture to point
out as [not] being tainted with it; the line of distinction between us is completely
. drawn. Friendship [and] Cordiality are not to be found — even common intercourse
scarcely exists — the lower class of people to strengthen a term of contempt add
Anglois — and the better sort with whom there formerly did exist some interchange
of the common civilities of Society have of late entirely withdrawn themselves — the
alledged reason is that their circumstances have gradually declined in proportion as
ours have increased in affluence; this may have had some effect, but the observation
has been made also, that this abstraction has taken place exactly in proportion as the
power of the French in England has become more firmly established.^

Among the objects which I deem it necessary to bring to your Lordship's view,
it is impossible for me to overlook the Clergy, and the Religious establishments of
the Country,^ the Act of the 14^"^ of His present Majesty by which the free exercise
of the Eoman Catholic religion is granted to the Canadians, expressly adds the Con-
dition that it shall be subject to the King's Supremacy as established by the Act of
the first Elizabeth^ — but neither has this, or one Article of His Majesty's Listructions
to the Governors ever been attended to,* the Appointment of the Bishop seems to have
been conducted loosely, and with very little ceremony, the Council Books offer no other
Document on the occasion, than that the person has taken the Oath pointed out by the
Act of the 14*^^ Geo. Ill in lieu of the Oath required by the Statute of the first year of
the Ecign of Queen Elizabeth, but without mentioning on what account he takes it;^
of late lie has been designated on that occasion as Roman Catholic Bishop of Quebec,
formerly he was only called Superintendant of the Romish Church.

Altho' it does not appear upon the Records of the Council Board, or by any other
Document, His Majesty does however nominate the Coadjutor, but this nomination
appears to have been verbal. I observe in the Return of the offices of emolument of
this Colony lately made to your Lordiship's Office, the Bishop says it is cum futura
successione,^ how that can be, when it does not appear to be under any written docu-
ment of any sort, I do not know, unless it be in the Pope's subsequent confirmation,
which always takes place, it is however of such weight, that the succession of the

1. In the portions of this despatch which are omitted Sir James Craig indulges in cer-
tain criticisms of the Canadians composing the majority in the Assembly which have no
bearin? on the constitutional issue.

2. The same question is discussed by Sir Robert Milnes in his despatch of November
Ist, 1800, page 2^9.

3. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 403.

4. See Article 44 of the Instructions to Lord Dorchester, page 24-.

5. For the entry in the Minutes of the Executive Council in connection with the suc-
cession of Mgr. Plessi, se? State Book I, page 299.

6. In the return referred to the manner of appointment is given as "desired by the late
R. R, Peter Denaut as his coadjutor c^im futura. successione, agreed as such by H. M. Gov
ernor Gen. Robt. Prescott, 2nd September, 1797, confirmed by Bulls from the Holy See bear-
ing the date of April 26th, 1800, promoted to the Cathol. Episcopal See of Quebec by the death
of the said R. R. P. Denaut on the 17th of January, 1806, sworn before the President & Coun-
cil the 27t:h of the same month." (Canadian Archives, Q. Ill, page 31.)

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SESSIONAL PAPER No. 29c

coadjutor to the Bishopric seems to be considered as a matter of course, at least there
is no appearance of there ever having been any interference on the part of His Maj-
esty's Government.

This Bishop tho' unknown to our Constitution and confirmed, if not appointed
by a Foreign Power, has been suffered to exercise every Jurisdiction incident to the
episcopal functions, he nominates to all the benefices of the Province, amd removes at
his pleasure from one living, to another, and it is not an unfrequent circumstance, for
an offence, or a supposed offence, to be punished by a degradation from a good Cure,
to one of lesser emolument. His Patronage is at least equal to that of the Govern-
ment, & it is so perfectly at his pleasure, that Government has no other notice of it,
than that he iisually once a year delivers to the Governor a list of such changes as
have taken place during the preceding twelve months; so complete does the Bishop
consider his independance, & so cautious is he not to perform any act which might be
construed into an acknowledgement of His Majesty's Rights that if a Proclamation is
issued for a Fast, or thanksgiving or any other object which involves it in an Act of
the Church, He will not obey it as an emanation from the King, but He issues a man-
date of his own to the same purpose, indeed, but without the least allusion to His
Majesty's authority, or the Proclamation which the Government has issued. In truth
the Catholic Bishop tho' unaclaiowledged as such, exercises now a much greater de-
gree of authority than he did in the time of the French Government, because he has
arrogated to himself every power which was then possessed by the Crown; The
Arnas of England are nowhere put up in the Churches.

With the Cures themselves, no direct communication from the Government exists
in any shape, a numerous and powerfull body, dispersed in every corner of the Coun-
try, and certainly possessing a very considerable weight, and influence with the peo-
ple, scarcely know, and are hardly known to the Government, no one Act of Govern-
ment since it has been under my direction, has ever been addressed to a Cure, nor
has any one instance of communication from a Cure ever reached me, perhaps an
exception to the first part of this observation might be brought in my having in the
desire of circulating the Speech I made to the Parliament when I dissolved it, directed
a Copy to be sent to each of the Cures, the circumstance however will furnish no
exception to the second part, for there did not occur a single instance of a Cure even
acknowledging the receipt of it.

'■r *#****

Their attachment to France is equally undoubted, and it is now even supposed
to be not a little directed to the Person of Bonaparte, who since the concordat, is
considered among them as the Restorer of the Roman Catholic Religion.

Of the Legislative Council it is not necessary to say much, it is certainly com-
posed of every thing that is respectable in the Province, and I believe the Members
to be on all occasions animated by the best intentions towards His Majesty's Service,
& the public good; It is an Object of great jealousy to the Lower House, who seem anxi-
ous to seize every opportunity of shewing the little respect in which they hold it. It
is thought that an increase of numbers would add to their weight, at present they
seldom exceed five or six in the House.

To a People circumstanced as I have described these to be, ignorant and credu-
lous in the extreme, having no one common tie of affection, or union, viewing us with
Jealousy, mistrust, and hatred, having separate & distinct Interests, It has been
thought proper to give a share in the Government of the Country, by a House of
Representatives, in which they must ever have the Majority; It is very far from my
intention to question the liberal views on which the measure was originally founded,
but it is my business to point out the consequences that have ensued from it.

Your Lordship is aware that tho' the Constitutional Act has established a quali-
fication for the Electors, there is none required in the Representation, I mean with
respect to Property. The Numbers of English in the House has never exceeded 14 or 15,

390 f tV. I />/.!. V AHCUIVHH

4 GEORGE v., A. 1914

in the two lust Parliaments there have been 12, in the present there are ten, some of
these have of late come from a pretty low step in the scale of society, but in general
they are composed of two, or three Avocats, about the same number of Gentlemen
possessing Landed property, and the remainder of Merchants of Character & estima-
tion; Upon the first establishment of the House, tlie few Canadian Gentlemen that
existed in the Country stepped forward, and some were elected, but they soon found
that nothing was to be gained by it, on the contrary, that their absence from home
and their attendance at Quebec, during three months of the year, was given at an
expence that very few of them could afford, and they gradually withdrew: now that
some of them have attempted to resume the stations they abandoned, they have found
it impossible; but at all times, their numbers were inconsiderable: the House has ever
been as it is now, in great proportion as to the Canadian part, filled up with Avocats,
and Notaries, shop-keepers, and with the Common Habitants, as they* are called, that
is, the most ignorant of Labouring farmers, some of these, can neither read nor write.
In the last parliament there were two who actually signed the Roll by marks, and
their were five more, whose signatures were scarcely legible, and were such as to shew
triat to be the extent of their ability, in writing.

I know liot whether the excessive ignorance of these people, be not more prejudi-
cial than even any malevolence could be with which they could be supposed to be
actuated. In the latter case one might at least expect, that there would sometimes be
division among them, but at present tliey are compleatly in the hands of the party
which leads the House, Debate is out of question, they do not understand it, they openly
avow that the matter has been explained to them the night before, by such & such per-
sons, and they invariably vote accordingly; It is in this manner at their nightly meet-
ings which are held for the purpose, tliat every question is previously decided, and it is
impossible that these people can ever be set right, for those who judge right, never
meet them out of the House, they do not associate with them; There was lately in the
House a Habitant, who uniformly voted on every occasion against the prevailing
party, but with this single exception, I do not believe that during the three Sessions
that have been held, since I came here, there has been an instance of one of the Mem-
bers of that Class voting otherwise than with the general Mass, that is, as directed: I
jnention this in order to point out, the Compleat subjection in which these people are
held, for if they made use of their own Judgement, it is impossible, but that during
so long a period, some question must have arisen, on whicli there must hav^- been
a difference of opinion.

In such a House of Assembly as I have described. Your Lordship will easily
perceive that it is impossibb that Government caa possess any influence, they are
certainly the most indcpendant Assembly that exists, in any known Government in
the world, for a Governor cannot obtain among them even that sort of influence that
might arise from ijersonal intercourse, I can have none with Blacksmiths, MiUers &
Shopkeepers, even the Avocats k. Notaries, w^ho compose so considerable a portion of
the House, are generally speaking, such as I can nowhere meet, except during the
actual sitting of Parliament, when I have a day of the week expressly appropriated to
the receiving a large portion of them at dinner.

Of the Party who hnd the House, I have already had occasion to speak in a
former dispatch,, and have been induced to enter into the Characters of a few of them;
They consist mostly of a set of unprincipled Avocats, and Notaries, totally uninformed
as to the Principles of the British Constitution or parliamentary proceedings, which
they profess to take for their Model, with no property of any sort, having everything
to gain, and nothing to lose by any change they can bring about, only any state of
Confusion into which they may throw the Province: — That these People have gradu-
ally advanced in audacity, in proportion as they have considered the power of France
as more firmly established by the Successes of Bonaparte in Europe is obvious to
every one, and that tliey are using every endeavour to pave the way for a change of

COXSTlTCTfOXAL DOCUMENTS 391

SESSIONAL PAPER Mo. 29c

Dominion, anJ a Return under that Government, is the general opinion of all ranks
vdth whom it is possible to converse on the Subject; Even the very few of the better
sort of Canadians themselves who have sufficient information to be aware of the misery
that would ensue on such an event, while the pi-esent Government exists in that
Countrj', and who notwithstanding their natural affection towards what they still con-
sider as their Mother Country ,would shrinlc from a Return under its rule at the moment,
nevertheless confess the obvious tendency of the proceedings that are going on here;
Unfortunately the great ]\Iass of tlie people are completely infected, they look for-
ward to the event, they whisper it among themselves, an I am assured that they have
tven a song among them, which points out Napoleon as the person who is to expel the
English : with them the expectation is checked by no sort of apprehension, They are
completely i.anoraut of the nature of the French System, they have not an idea that
a change of Rulers would produce any alteration in their situation, and tho' if you
argue with them they are ready to admit that they are happy, and in a State of pros-
iunitv as they are, they do not conceive that they would not have been eqiially so had
they remained Subjects of France.

It is scarcely possible to conceive the influence that the Ruling Party in the
House has acquired among the people, or the lengths to which those have been carried
by that influence, without the possibility of pointing out one act, by which they liave
been either injured, or oppressed, they have been taught however to look to His
Majesty's Government with the utmost Jealousy, and distrust, they avow it, and they
publickly declare, that no officer" of the Crown is to be trusted, or to be Elected into
the House, These, together with all English in general, and their own Seigneurs, are
entirely proscribed; It is only in the Cities, and Boroughs, that they have any chance,
there are only two instances, where long possession of very extensive property has
enabled the holders to retain their seats, tho' it has been in both Cases with the utmost
difficulty. It is now to La Chambre, which is the usual expression, for they never even
mention the Council, that the people look up [on] as the Governors of the Country,
and yet such is the extraordinary effect of old impressions, that " de par le Roi," at
this moment would I believe be followed by immediate compliance, without once
reflecting whether the order were warranted by Act of Parliament or contrary to it.

The great vehicle of communication between the leaders & the people has been a
paper called the Canadian,^ which has been published & industriously circulated in the
Couintry for these three or four years past; the avowed object of this paper has been
to vilify and degrate the officers of Government under the title of Gens en place, and
to bring into contempt His Majesty's Government itself, tinder the affectation of the
supposed existence of a Ministere; The conduct of which was as mu.ch open to their
animadversions as is that of His Majesty's Ministers at Home.

Every topick that is calculated to mislead & inflame the people has at times occupied
the pages of this paper, nothing has been omitted. The various circumstances
that brought on the abdication of James the 2*^ have been pointed out with allusions
as app]ieal)le to the Government here, inferring a similarity in the occurrences of the
present day; and as if to inspire tliem with that confidence that might be necessary
in asserting their rights when the occasion should call for it, several Members were
employed in narrating the actions of the wars of 47 & 56 in which Canadian
prowess was held up in a very conspicuous point of view, and their advantages & vic-
tories dwelt upon in an emphatic manner. It need scarcely be added that the History
was derived from a very partial & exaggerated source.

In considering the probability of these people liaving in view their return to their

1. The Mercvry, the organ of the English commercial interests, had become particularly
bitter against the French element in the Province with the result that the French Cai-
adians in order to advocate the views of this party established in November, 1806, a weekly
paper of their own, Le Canadien. For the support which it gave the majority in the House
of Assembly, Sir .Tpmes Craig in March. 1810, saw fit to seize the press and arrest the pro-
irietors of the paper. See page 378, note 2.

392 CAXAD/AN Ah'VlIIVES

4 GEORGE v., A. 1914

own Government, it may be ui-ged that they have been hitherto quiet & faithful subjects,
during the long lapse of 50 years, in which it would rather be to be supposed that
their old attachment should have gradually decreased, so that there should be the less
likelihood of their assuming now a disposition, of which they have hitherto shown no
indication; to all this however it may be replied, that no circumstance whatever has
occurred to awaken their attachment to their Mother Country, nor have any pains ever
been taken to produce such a change, their habits, language and religion, have remained
as distinct from ours as they were before the Conquest. Indeed it seems to be a favour-
ite object with them to be considered as [a] separate Nation; La Nation Canadienne is
their constant expression, and with regard to their having been hitherto quiet &
faithful subjects, it need only be observed that no opportunity has presented them an
encouragement to shew themselves otherwise. Trom 1764 to 75 the Country was in a
state of poverty and Misery, that would not for a moment admit of a thought of revolt
in which they could expect no assistance, but even during that period there was a con-
stant intercourse with France; Young Men who- sought to advance them-
selves went to France, not to England, and some are now in the Proviince wha
during that period served in the French Army : during: the American Rebellion it was
a contest whether they should remain attached to the Crown of England,. or become a
part of the American Republic, and to say the best for them, their conduct did
not manifest a very strong affection for the former, tho' the force the Americans had
in the Province was never such as to encourage them in an open display of any predi-
liction for the latter, which however, I do not believe they entertained: their object
was to remain quiet; The French never turned their views this way; In 1794 a strong
Jacobin party shewed itself, '^ and was with difficulty kept under, but during all this
period to whicli I have hitherto alluded they had no foreign assistance to look to,
nor any head to direct them, to France they now direct their view for the former,
and I am pointing out those who I fear are preparing to offer themselves for the
latter, and certainly under the most formidable shape under which a head could be
found.

But independant of every view which may exist as to a change in their political
relation with, as a dependant on, the British Empire, the composition of the House
of Assembly as it now stands is to ce considered as it affects the public good, and the
general prosperity of the Province, and these my Lord, I fear can never be promoted
to any extent by it; Religious prejudices. Jealousy, and extreme ignorance all forbid
the expectation, and these I am afraid must prevail among the Canadian part of it
for a long period to come.

Questions directly of a nature to affect either the protestant, or the Roman Catholic
Religion, have indeed never been brought before the House; but there are many that
appear to be perfectly unconnected with the Subject, but which are nevertheless view'd
by them either as affecting some temporal right of their Clergy or as having some
remote tendency to promote the Establishment of the protestant interest, and to such
it is vain to expect that they should for a moment listen; this has been exemplified in
some remarkable instances, and that even in the Legislative Council, where in the
case of a Bill brought into that House, which did not seem to have the slightest
relation to Religion, Canadian Gentlemen otherwise I am sure most perfectly disposed
to promote the Public welfare, & who admitted the beneficial tendency of the proposed
Act, nevertheless acknowledged they were withheld from giving their concurrence by
what they conceived a paramount duty, and it is to be remarked that this question
could by no construction whatever be supposed to affect any right of the Catholic
Bishop, or of the Clergy.

How the Act for the Establishment of Public schools" was permitted to pass has

1. S e page 121, note 1.

2. The Act 41 Geo. Til, Cnp. XVII. "An Act for the Estnhlishment of Free Schools and
the Advancement of Learning in this Province." See page 254, note 4.

CONSTITUTIONAL DOCUMENTS 395

SESSIONAL PAPER No. 29c

always been matter of surprize — indeed the present Bishop once observed in a very
serious, and official conversation, " You say that our Church never sleeps, you will
"allow however that we were asleep and very profoundly too, when we suffered that
"Act to pass." It is observable that the carrying the Act into effect, has very gen-
erally met with the opposition of the Cure of the Parish in which it has been
proposed to establish a school.

The great object of their jealousy at this moment is, the progress of the Town-
ships— that is, in fact the introduction of Settlers of any denomination but Canadians,^
as having a tendency, which of all others, they are most anxious to assert, to impede
the complete Establishment of a Canadian Nation; These Townships are generally
settled by Americans, a proportion of whom are Loyalists who were under the neces-
sity of quitting their Country on the peace of 1784, but by far the greater Number are
of Americans who have come in and settled upon those lands since that event, How far
it may be good policy to admit of settlers of this description is another question, the
Canadians however are loud in their Clamours against it ; The circumstance of their
being Americans, and the principles generally attributed to these, afford them the
pretext, while the truth is, it would be equally repugnant to the idea they entertain of
their own Interests, and they would just have the same feelings upon it, were the
tract in question in a progress of settlement from Britain and Ireland; the' in the
latter case, it is probable they would not venture openly to complain, as it is, the
subject has been mentioned in the House of Assembly once, under the Idea of intro-
ducing an Act relative to it, and at another time, under that of addressing the King
upon it. This jealousy has increased much since they are become more systematic in
their operations, and will now totally prevent any measure that may be proposed for
the benefit of that part of the Country; two years ago they passed An Act for the
Establishment of a Turnpike road through a part of it,'^ at present, no hopes are
entertained of getting them to consent to another, tho' it would be highly beneficial to
the City of Quebec, & endeavours are using to carry it into effect by other means.

The common people as may be supposed understand nothing of the nature of the
constitution that has bpen given them, or of that, of the House of Assembly for
which they elect Members, except inasmuch as they begin to look up to them as the
Governors of the Country; It is a fact, that in one part of the Province whole
Parishes have hitherto constantly declined giving any votes at all, they say, thejy
do not understand it, but they suppose it is to tax them in the End; the- cry of many
of them now is, they wish La Chambre (the usual expression) at the Devil, they were
very well before, amd they have never had a moment's peace since that took place.

I must repeat, my Lord, my regret, at the great length to which my Dispatch has
run, but it has occurred to me that it has been indispensibly necessary that I should
support the opinions I am offering on the State of the Province by Arguments, and
above all, by a detail that would be inexpedient on any other occasion: It may not
be useless in order to bring the whole under one view, that I should now present a
summary of the various objects which it has been my intention to submit to the
consideration of His Mojesty's Ministers, & to the support of which, the argument
& detail to which I have alluded are meant to lead.

They are — 1***^ That this is already a powerful Province in so far as depends upon
numbers of Inhabitants, and that in the short period of 20 or 25 years these will pro-
bably exceed half a million.

2* That the great Mass of this population, indeed that proportion that admits of no
balance from the other part, so far from being united tt) us by any bond of affection,
views us with mistrust, jealousy and hatred.

3*^ That they are, and consider themselves as french, attached to that nation from
identity of Eeligion, laws, language, and manners; This is general, and runs thro' all
Ranks & descriptions, the exceptions as I believe being very few.

1. See the Act 48, Geo. Ill, Cap. XXXIIII.

394 CA A . ) />/. \ V A h'( J! / 1 /;x

4 GEORGE v., A. 1914

4*^^ That this peoi>lo immersed in a deg-reo of ignorance that is scarcely to be ex-
ceeded, & credulous in the extreme are particularly open to tlie arts and delusions that
may be practiced on them by factious, & designing Men.

5^^ That the,y are at this moment compleatly in the hands of a party of such factious
and designing- Men.

6*^ That the whole Proceedings of this Party are calculated to alienate the i>eople
from any attachment they might be supposed to entertain for a Government under
which they cannot but confess they have enjoyed the most perfect security, liberty
and prosperity, and to pave the way for their return to their ancient connection with
that which they esteem their Mother Country.

7"' That there is reason to fear that they have been successful in their attempts, and
that the People do look forward to a change in their Government.
S^^ That the Clergy under the general influence of attachment to France are further
from religious motives decidedly our Enemies.

9*^ That the Party who have the lead in the Country have also the compleat com-
mand of the House of Assembly, and are therefore placed in a situation particularly
favourable to their views, and of consequence in the same proportion dangerous to His
J\lajesty's Interests.

10"' That from the composition of the House of Assembly, it is likely that it will ever
be in the hamds of any party who may have a view in taking the direction of it; &
that Government possesses no influence by which such view, whatever it may be, can
be coimteraeted.

11*^ That from, prejudice, jealousy & ignorance, it is little to be expected that the
House as at present constituted will accede to measures that may advance the real
prosperity of the Colony.

12"^ That the Government is equally destitute of all influence over the Clergy with
whom it has scarcely a connection, and that this influence is entirely in the hands of
an individual who holds his power under the confirmation at least of a foreign autlior-
ity, which authority is now under the compleat direction of our inveterate Enemy.

Having thus my Lord, given you a Eeport on the actunl state of this Province
such as it appears to me, with the fidelity that I consider my duty to call for, and
permit me to add with the frankness that I hope will not be thought otherwise than in
that Duty, It may perhaps be looked for that I should assume an infinitely more dif-
ficult task, in the attempt to point out a remedy for the evils which I forsee as likely
to result from that state as I have represented it. Upon this my Lord I must pro-
ceed with extreme hesitation, and 1 must earnestly request that anj'' thing I
venture to advance on the subject, may be viewed as offered with the utmost deference,
to the very superior Judgement, and wisdom, to which it is submitted.

The first and most obvious remedy that presents itself, is to deprive them of the
constitution, as they term it, that is of that representative part of the Government
which was unquestionably prematurely given them — neither from habits, information
op assimilation, with the Government of England, were they prepared for it, nor was
this circumstance of their unprepared state unforeseen by many of the best informed
of the Canadians themselves, who opposed its being granted to them. It was in fact
brought about by the English part of the Inhabitants, who in their Enthusiasm for
the Constitution which they so justly Esteemed as it exists in their own Country,
could not conceive that any inconvenience, or any thing but happiness, and prosperity,
could result from its establishment elsewhere. The since Catholic Bishop Denaud,^ a
very worthy Man, observed at the time to an English Gentleman who was very warm

1. Mgr, Pierre Denaut was born in Montreal, July 20tli, 1743. He was educated at Mont-
real and Quebec and received the tonsure in December, 1766. He was successively Cure of
Soulanges and Longueuil and in 1794 was appointed coadjutor to Mgr. Hubert, the Bishop
of Quebec. On the death of Mgr. Hubert in 1797, Mgr. Denant succeeded to the See. He
died January 17th, 1800, and was succeeded by Mgr. Plessis.

COMSTITLTIOXAL DOCUMESTS 395

SESSIONAL PAPER Mo. 29c

on the subject, (tho' now quite the reverse) '' You do uot know mj' Countrymen, they
" are not at all prepared for the Constitxitiou you wish to give them, once let the rein
" loose, and be assured they will never know when to stop."

I am perfectly aware my Lord of the delicacy of such a measure as is here al-
luded to, and of the possible difficultly that might attend it; It is not however I assure
your Lordship without giving the subject the utmost consideration in my power, or
without giving due weight to the Importance of such an opinion, that I venture to
say, that nothing- short of that measure will afford just grounds of hope of retaining
the province under the subjection of Britain, or of the preservation of its tran-
quility, & the furtherance of its prosperity; The first object will always be to a cer-
tain degree precarious, 250,000 people decidedly animated by a foreign attachment,
must always be subjects of doubtful continuance. Time may possibly alienate that
foreign attachment, but religion is one great bar to the hope, and no one step has
ever yet been pursued that could foster the expectation: but however precarious our
hold may be, is it not incumbent on us to do away a measure, of which the conse-
queiice was certainly not foreseen, but from which every facility, and every advantage
is given to the attempt to deprive us of that hold; that Spirit of independence, that
total insubordination among them, that freedom of conversation by which they com-
municate their Ideas of Government as they imbibe them from their Leaders, all which
have increased wonderfully within these last fi.ve or Six Years, owe their origin en-
tirely to the House of Assembly, and to the intrigues incident to Elections. They
were never thought of before ; In the Assembly too, the leaders of any party who may
have a revolution in view will always be found, and from them faction will ever
spread ; The People are always taught to look up to the House on every occasion, and
to con-sider it as the tutelary Genius that watches over the welfare of the Country, they
will very soon consider obedience as a duty, and will be lead to Mutiny before they are
aware that they are committing a Crime.

Having already observed to your Lordship, that I am aware of the delicacy, &
difficulty of the measures alluded to, I have only on that head to add that here I do
not think it would meet with much of the latter; The English are decidedly for it,
among the Canadians themselves it is considered as far from improbable, nor is it
without its partisan.5. That it would however occasion considerable clamour, and
that attempts might be made to create disturbances upon the occasion, I have no doubt
but for the latter, the people are at this moment unprepared, and a very little pre-
vious precaution would be sufficient to prevent serious danger.

Next to this great me.isure, that which is most generally lookel up to, is the
Keunion of the Two I'rovince^,^ so as to Balance the Canadian Party in the House.

1. On the queslion of union. Sir James Craig secnived the opinion of a certain " Gentle-
man " of Lower Canada to -whom this despatch was shown in confidence. The observations qf
this gentleman which were transmitted by Crai^ to Lord Liverpool on Jr.ne 1st, are as
follows :^

" I will not presume to say a word respecting the increased power of resisting an Enemy,
which nii;4lit rrise from the consolidation of the Colonies— of that. Your Excellency is the
sole Judge. But there cannot, I think, be any doubt, but that great strength would be
derived to the Government, from the reunion. Neither could anything be so calculated to
destroy, at once, the favourite wish and aim, of the Canadians, to keep themselves a distinct
nation, to add a few Representatives from "New Countries, would very little tend to produce
this effect; and could not possibly obtain for the (Government a Majority in the Assembly.
This measure, moreover, tho' it would not be very unwelcome to the Canadians, would
not be so unwelcome, as depriving them of their Representation, because it might be con-
ceived to proceed upon grounds of general policy, ecjually affecting the Interests of both Prov-
inces. It would have less the appearance of Punislunent, it would be less humiliating and
disgraceful, it would less hold them up to the world, as a people utterly unworthy of the
benefits they have received.

Without injuring the Commerce of this Province, it would materially benefit that of the
other, and would entirely remove the danger to be apprehended, from a misunderstanding
between the two Legislatures, on the subject of taxing articles of importation, &c., which,
there vse?ms reason to think, without this measure, cannot possibly long be avoided. That it
would, in some resjiects, produce " a heterogeneous mixture of Principles & Interests," can-

396 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Of. the success of this measure I confess I have doubts. It would produce a hetero-
geneous mixture of opposite principles & different interests, from which no good could
be expected, and if it did not avert, I should apprehend it might accelerate the evil.
I am more inclined to keep the Province of Upper Canada as a foreign, and distinct
population, which maij be produced as a resource against that of this Country im case
of necessity, It must always be interested in opposing revolution of every sort here,
the great distance and general poverty of the people, appear to me, further obstacles
to such a measure scarcely to be overcome.-^

It has been suggested that by a new Division of the Province new Counties might
be formed in that part -now distinguished by the general name of the Townships, from
whence Members might be furnished with the same view of Balancing the Canadian
Party :^ this seems to me more practicable, at least than the proposed re-union of the
Provinces, besides being in itself a measure that is in some sort required in Justice
to the Inhabitants, who begin to complain of not being represented: the Canadian
part of the Electors so infinitely outnumber them tho' confined to a much less ex-
tent of Country that they can never succeed, the only exception is the County of
Bedford which is almost entirely composed of Townships, and from this County till
the present election an English Member has usually been sent, on this occasion it is
a Canadian Member, with this exception not one Member has ever been returned from
this very large tract.

But without the intervention of the Imperial Parliament, conferring on the Gov-
ernor, and Council the Powers of altering the existing division of the Counties,
and making a fresh one in proportion to the increasing numbers of Inhabitants, it
will be impossible to effect even this measure ; no consideration could I am convinced

not be denied, but in no respect do the Inhabitants of Upper Canada difier more from the
French Canadians, than do the New Settlers in the Lower Provinces, whose numbers are sa
especially increasing, and who must necessarily make a part of the same Community with
themselves.

_ With legard to such Laws as respect property and Civil Eights, no greater difference pre-
vails between the two Provinces, than between England and Scotland; with respect to re-
ligion, no greater than between England and Ireland.

With respect to "distance " surely there is no insurmountable difficulty even in the pre-
sent state of things, intercourse is neither unfreqiient nor difficult. I consider Gaspe as
much more foreign to us.

The Inhabitants of Upper Canada appear to me, by no means, in a state of "general
poverty '•" on the contrary, I should call them rich, if a large supply of all the first neces-
saries of Life; if plenty of Corn and Cattle: if well cultivated farms; good, substantial, large
and even very handsome houses, extensive Orchards, and gardens, indicate rising prosperity
in a Country, there must be great reason to think that Upper Canada is bt-coming generallv.
very prosperous; there are large portions of it which are undoubtedly so, and if there be at
present a want of Specie in the Country, and some difficulty in conveying their produce to
market, industry and enterprize are ignorantly encountering these evils, and a union with
this Province, would I conceive greatly advance their success." (Canadian Archives, Q. 112,
page 210.)

1. In re^ly to the observations in the note above on the prosperity of Upper Canada,

Sir James Craig says: — "it is precisely the want of Specie to which I alluded,

when I used the expression a man may have a very good farm, and property exactly in the
state my friend describes, and he will be very comfortable, and may be said to be rich while
he stays at home, but such a State will not enable him to leave that home, and to go three
or four hiindred miles, to reside in a strange place, when the very circumstance of the
Assembly to wliioh he is going will tend to increase his expences for the common necessaries
of Life.

Another observation occurs in the same paper, that the Inhabitants of Upper Canada,
do not differ more from the Canadians, than the Inhabitants of the Townships, this is certainly
just, and I am far from thinking that the bringing a number of the latter into the House
will not on that very account of their difference in language, manners and indeed every othe"
circumstance, be very inconvenient and create precisely that heterogeneous mixture that I
have described, but still residing in the same Province, and their Interests being less appar-
ently distinct from, and opposite to, those of the Canadians, I think their introduction weuld
be less objectionable, than the other, indeed in either case, how a debate is to be carried on.
or business to be done, when one-half the House does not understand the Language of the
other half, I cannot well conceive; at present all the English that are in the House speak
French, and all their debates, under every disadvantage to these, if debates were of aay
consequence, are carried on in the Language."

2. See page

COXSTITVTIOXAL DOCUMENTS 397

SESSIONAL PAPER No. 29c

be offered to induce the present House, or any House that can be formed, to enter-
tain the proposal for a moment.

Short of the decisive step of taking away the House altogether, one or other of
these two measures either of reunitirng the Provinces, or of forming a new division of
the Counties^ seems to offer the only option, from which a hope can be entertained of
rendering that House less capable of doing mischief; when I say this, I mean as offer-
ing the only expectation of ever effecting a Balance, to the Canadian Party, but under
any shape in which it may be thought proper to continue the House, the enactment
of a qualification with respect to the Eepresentatives seems to be indispensably neces-
sary. It really My Lord appears to me an absurdity, that the Interests of certainly
not an unimportant Colony, involving. in them, those also of no inconsiderable portion
of the Commercial concerns of the British Empire, should be in the hands of six
petty shopkeepers, a Blacksmith, a Miller, and 15 ignorant peasants who form part
of our present House, a Doctor or Apothecary, twelve Canadian Avocats, and iSTotaries,
and four, so far respectable people that at least they do not keep shops, together with
ten English members compleat the List: there is not one person coming under the
description of a Canadian Gentleman among them.

The qualification that I think best adapted to the circumstances of the Country,
would be one hundred pounds Currency, clear annual revenue arising from Land
actually the property of the person presenting himself, for twelve Calendar Months
previous to the day of election, or two thousand pounds Currency in personal property
clear of all debts or demands.

With respect to a qualification for the Electors, tho' I am clear that such would
be advantageous, and that the present one as established by the Constitutional Act^
is of little use, yet I feel much greater difficulty in proposing an alteration, forty
shillings yearly value of their lands, scarcely excluded one farmer in a thousand, in
fact, nearly every head of a family possesses a farm, and every farm is of a value
exceeding that amount; the farms in general run so nearly of the same value, or vary
only on account of being in a more or less favorable part of the Province, that any
qualification under the general average, would bear the right of suffrage very near
where it now is, and if it were established at a higher rate, it might perhaps narrow
the right below its fair limits ; It undoubtedly would be desirable that the very lower
class should be excluded, but I think the number is not yet so great as to induce the
risk of what would be a greater inconvenience, to effect their exclusion, for I should
consider as such the reducing the number of Electors within too narrow bounds.

In the meantime however an opportunity appears to me to present itself by
which much may be done towards keeping the House itself within proper bounds; by
shewing it, that its proceedings are watched, and that it will not be suffered to out-
step those limits by which its subordination to the Imperial Parliament is established,
v.'hile it would tend to manifest that subordination to the people, & perhaps lessen the
confidence they may possess in their leaders, by shewing them that they are not all
jwwerful, and that they may be in the wrong.

The House by rendering a certain class of His Majesty's subjects ineligible to a
seat, by a vote of their own,^ has clearly violated the Act of the British Parliament by
which they themselves exist, and should this assumption of theirs be submitted to,
they will successively vote every class of His Majesty's servants to be ineligible, I
do not speak this hypothetically My Lord, as what they may do, I mean it Literally

1. For the opinion of Mr. Sowell, when Attorney Genernl, on this point-see page 312.

2. The property qualification established by Article XX, of the Constitutional Act was
the possession of property in the rural districts of the yearly value of forty shillings and
in the towns of the yearly value of five pounds sterling or the payment for the rent of the
dwelling house occupied of two pounds sterling per annum. See Constitutional Documents,
1759-1791. Shortt and Doughty, 1907, page 699.

3. See the proceedings relating to the expulsion of Mr. DeBonne, page 370, and Sir
James Craig's comments in his speech on proroguing parliament, page 371.

398 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

as what 1 lirmly believe they will do. I have not a do\i])t that iiiucli o-ood would result
from a retaliatory act of the Imperial Parliament forbidding the Governor to permit
the House to proceed to any business, of any sort whatever, and directinp: him to pro-
rogue, or dissolve them, as he may see occasion, whenever they attempt to proceed to
any vote, or any other motion, except that of rescinding their resolve, and oxpuniiiniv
it from their Journals, It would be done without a moment's hesitation, It would
teach them caution in future, and it would make them view their situation in a differ-
ent liffht from what they do now.

This correction proceeding from Parliament would certainly be the most effectual;
If however from reasons which are beyond my competency in judging, it should not
be thought advisable to move such a measure in the Imperial Parliament, It might
perhaps be nearly as effectual, if I were authorized to recommend it in His Majesty's
Name, should His Majesty in His wisdom permit me so to do, In this case I presume
the message to be delivered would be prescribed to me, otherwise, I should express His
Majesty's confident hope & expectation that they 'would see the expediency of proceed-
ing immediately, and in the first step to a measure required of them, upon every prin-
ciple of Justice to the people, & of deference to the Imperial Parliament, and in the
event of their attempting to enter on any other business whatever, or even admit of a
motion other than what might be necessary for the purpose of carrying His Majesty's
recommendations into effect, I would immediately prorogue them, and should they
show the same spirit of resistance a second time, which is not to be expected, I would
dissolve them again. Should I adopt this course as of myself, vmder His Majesty's
instruction the' without His name, I fear it would produce infinite confusion and an
endless controversy; they would certainly resist it in the first instance, how far they
would carry their resistance it is impossible to say — but tho' they might comply at
last and probably would, they would accompany that compliance with resolutions and
proceedings that would only tend to keep us at variance, and to impede all public
business; and after all, the effect upon them, and upon the people, would fall infinitely
short of what might be expected in either of the other ways to which I have alluded.

In adverting to the little means of influence that the Governor possesses, I nm
at a total loss how to propose any (except in the obvious instance to which I shall shortly
allude) by which it may be increased. The Militia furnishes little or none,^ the great
body of the officers, that is those of the Country Companies, is composed of Habi-
tants, but a Shade removed above the others in intelligence, the' they are chosen from
the most respectable among them. They ai'e generally speaking the first to whom the
Agents of the Party address themselves, and they are represented to me as among thf
most disaffected of the Province, as Credulous as their Comrades they listen to, and
believe what is told them, while under the same infatuation of mistrust of every body
of an Order higher than themselves, there are no means of disabusing them; I am
certain if I were to dismiss every officer against whom information has been given me.
T should change one third of the Militia of the Province.

Unfortunately My Lord, the great source of not only the most extensive but
also of the most powerful and useful influence is in the hands of an individual who
is himself as I am assured, (and that from no bad authority) at this moment a Suffra-
gan of an Archiepiscopal See in France; I have already adverted to the power exer-
cised by the Bishop in the appointment and removal at his pleasure of the Clergy of
this province.

Upon careful enquiry into the subject, I find that previous to the conquest,
the Bishop did exercise the right of appointment, In 1667 a Royal Edict gave the
right of patronage to the Seigneurs or founders of the Church, but a subsequent Edict

1. See the opinion of Sir Robert Milnes on this qtiestior. page 250.

CONSTITITIOXAL DOCVMEXTS 39&

SESSIONAL PAPER No. 29c

of 160y^ gave it to the Bishops, but in Order to render this matter more clear I shall
enclose a Memorandum (A) given me on the subject by the Chief Justice.^

His Majesty's Eight to the nomination is clear and incontestable, so much so,
that were a Habitant to refuse to pay his tythes, The Church might excommunicate
him, but for want of that nomination, it is held that the Cure could not in any of
His Majesty's Courts of Law compel him to pay; The resumption of this right
appears to me to be indispensable to any hope that may be entertained of retaining
the dominions of the Colony, and this I confess seems to me also to be the moment for -
affecting that resumption; It may be accomplished now, twenty years hence it will be
more difficult if not impracticable, but the truth is the danger presses, this influence
is universally believed and I believe it myself, to be now silently working against us ;
I do not know that the proposed change would turn its current, but I am sure it would
lessen the force of it very much.

The Person who at present exercises the Episcopal functions,' is not I think of a
turbulent disposition, but he is a Man of great ambition, and some art, I doubt
whether the former is not such as to preclude any great hope of succeeding with him
by a negotiation voluntarily to resign the Post he now holds, I am inclined to believe
that he himself would prefer that his submission should bear the appearance of an
Act of necessity, under the power of an Act of the Imperial Parliament, or of the just
exercise of His Majesty's Right, at the same time however if, whether it be accom-
plished by negotiation, or otherwise, He comes into it with a good grace, I Imagine it
will be thought reasonable that his allowance should be increased. He has now only
£200 a year, it would not be amiss to hint to him, that his Salary would be increased
to the extent that His Majesty in the exercise of His Liberality might think proper
to permit. On this very important subject, permit me My Lord to refer to a letter
(B) from Sir Eob*^ S. Milnes together with a Memorial (C) from the Bishop copies
of which I enclose"*; From some circumstances that occurred at that moment, no in-
.etruetions were sent here in consequence, otherwise there is no doubt that the measiire
might have been effected.

As to the Cures themselves, it is understood that they are at present rather im-
easy at the power exercised over them, and the obvious amelioration of their situation,
would I think soon reconcile them to the change; It would be proper to give them a
free hold in their livings, of which they could not be deprived unless it were in
consequence of the sentence of the Bishop, who on a complaint against a Cure re-
ferred to him by the Government, should be empowered to call into his assistance his
Grands Vicaires, and to examine into it, from which sentence however, the party

1. See the Edits, Ordonnances Royaux, Declarations et Arrets du Conseil d'Etat du
Roi conccrnant le Canada, Quebec, 1854, Vol. I, page 279.

2. The memorandum of Chief .Iustic_e Sewell is to this effect.

" In 1CC3, the establishment of the Seminary of Quebec was confirmed by His Most
Christian Majesty, and by the letters patent of Confirmation it was provided that all the
Livings in the Country should be served by the priests of the Seminary, that they should be
appointed and removed at the pleasure of the Bishop, and for their Support all the Tythes in
the Country were vested in the Seminary. (^)

(») T'dits & Ordinances, Vol. I, page 27.

In 1667, the Tythes of each particular parish was by a Royal Edict vested in the cure to
the Exflus'on of the Seminary, and the Cur6 was declared to be an incumbent for Life, by
the same Edict. The Patronage of each Church and living in the Country was vestedjin the
founder & where the Seigneur was willing as well as others in his Seigneurie to found a
Church the Patronage was declared to be his in preference to all others.O

(') Edits & Ordinances, Vol. I, page 2i3 to 245.

In 1699, another Royal Edict was issued which after reciting "That the Inhabitants of
New France had not availed themselves of the permission given to them by the Edict of 1667,
That no Churches had been founded and that the natural right of the Bishop to Erect
Churches had been frustrated " enacts " That the Bishop may erect (faire Batir) Churche.^
of Stone in all the parishes in wliich none are erected and that the Patronage of all such
Churches should be vested in him.(*)

(') Edits & Ordinances, Vol. I, page 292.

,3. Mgr. P essis, see page 304, note 3.

4. Milnes to Camden, July 27th, 1805, with a memorial from Bishop Denaut, Q. 98, page 5.

400 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

should have his appeal in His Majesty's Courts, [it is thought that it would be danger-
ous to give him the right of enquiry into Complaints without their being referred to
him by the Governm\ the removal from a living to a better, to be of course at the
pleasure of the Crown, It must be recollected that the appointment of the Grands
Vicaires, must also rest with the Crown, at present they are named by the Bishop
without even the Ceremony of presenting them to the Governor.

The resumption of the Lands held by the Seminary at Montreal would in like
manner tend to an increase of the influence of Government, and would to a certainty
lessen that of the self created community, in whose possession they now rest, the
right is incontestable, and they are so sensible of it, that they make a rule of drop-
ping all claims by which the discussion might be brought into Court, The Majority
of the present Members of the Institution are freneh emigrant Priests, and are not
amongst the least dangerous persons in the Colony; the Person at the head of it
particularly is of that description, a very able, but a very artful designing Man,
whose predeliction for France is not doubted: the Estate under proper management
would probably produce^ten thousand pounds a Year, and four would be an ample
allowance to them to carry on their Establishment; The Seminary of Quebec is also
in the possession of large property, to which they have an undoubted Claim, and the
two together, form an ample provision for the Education of their Youth,

I will not detain your Lordship any further by a word more of apology for the
extreme length of this dispatch, the occasion has seemed to me to require it, and I
am yet sensible of the very deficient manner in which I have treated the subject,
which I have felt it to be my duty to undertake; to remedy this deficiency, I have con-
fided my dispatch to M' Eyland my Civil Secretary,^ this Gentleman has been in
office here seventeen years, during the greater part nf which, he has been in the
Station he now holds under my administration. Lie possesses my entire confidence,
and I am persuaded is most perfectly qualified to give every Information that your
Lordship may desire, my motive indeed for sending him is that your Lordship may
have a more perfect, & detailed account than it is possible to convey in a letter how-
ever long it may be.

I have the Honor to be
My Lord
Your Lordship's most obedient humble Servant

J. H. CKAIG.

Endorsed :

Quebec 1^*^ May 1810

Lt. Gen^ Sir J. H. Craig
N° 7
R/Inclosures

OBSERVATIONS OF CHIEF JUSTICE SEWELL ON THE UNION OF

THE PROVINCES.^
Copy.

May it please your Excellency.

You have been pleased to call for my sentiments upon the present situation of
Canada, and I have now the honor to submit them to your consideration and superior
Judgment.

1. See page 280, note 1.

2. From the copy in the Canadian Archives, Q. 112, page 196.

In transmitting this paper to Lord Liverpool, Sir James Craig remarks that " there are
few people in the Province who from long residence, a spirit of observation, and intimate
knowledge of the people, is more competent to form a true judgment of the State of it, or to
foresee the most efiectual means of obviating the Evils to which it is liable." (Canadian
Archives, Q. 112, page 193.)

C0N8TITUTI0NA.L DOCUMEyiS 401

SESSIONAL PAPER No. 29c

The Political Evils which we labour under arise in my apprehension from two
principal causes, 1^* From French predilections in the great Mass of the Inhabitants,
and 2'^y From want of Influence and power in the Executive Government, from the
former, arises that distinction between the Government and the People, which is daily
and too visibly productive of mutual distrust, jealousies, and even enmity, and from
the latter a total inability to produce the means by which the effects of that dis-
tinction may be counteracted. What must be the result, if things remain as they
are is obvious. No hopes can be entertained, that French predilections can be obliter-
ated from the minds of His Majesty's Canadian Subjects, and if they be not counter-
acted, they will continue to augment until by some crisis, force will be required and
the future state and condition of Canada will then be decided by a recourse to arms.

The great links of connection between a Government and its subjects are religious
[religion,] Laws, and Language, & when Conquerors possess the same religion, and use
the same Laws and the same Language as the Conquered, the incorporation of both into
one political body is easily effected: But when they are at variance on these points,
experience seems to have demonstrated in Canada, that it cannot at all be effected
while this variance subsists. Obedience may be rendered by conquered subjects under
such circumstances, but it is the obedience of a Foreigner to a Government which in
his estimation is not his own, and as he views it as an alien power, there is no attach-
ment, no affection in his mind towards it, and consequently no disposition to unite
with those who constitute the Government or its natural subjects. Every favor
conferred is considered to be no more than what is due to them, or as a matter
obtained from persons who would not have conceded so much if it had been possible
for them to retain it. No Confidence exists, and he is in a continual belief, That more
is meditated by the Government, in every of its measures, than meets his Eye.
At the conquest of Canada, the conquerors were Englishmen & Protestants. They
spoke the English Language & no other, they were attached to the English Laws, and
fostered in their minds a natural antipathy against Frenchmen. The English Sub-
jects of the present day who are settled in Canada, having no cause to be dissatisfied
with the religion the Language or the Laws of their Mother Country, & having no
cause to be better pleased with France than their Forefathers, are now precisely
what the conquerors of Canada were; on the other hand the People of Canada at the
Conquest were Frenchmen, and Koman Catholics, They spoke the French Language,
and no other, they were attached to French. Laws, & fostered in their minds a National
antipathy against Englishmen, since that period. By the Statute 14, Geo. III. c. 83^
the Laws of France have been enacted, and declared to be the Laws of Canada. And
the Eoman Catholic Religion has been established in the Province, and as it has not
been thought adviseable, by any Act of Parliament or other means to attempt the
general introduction of the English Language, The French Tongue universally pre-
vails, even in the Courts of Justice & in the Legislature, the Canadians therefore in
those several Eespects,, are also precisely what they were at the conquest. They are
still Frenchmen, their habits (the fruits of their Eeligion, & their Laws) are still the
habits of Frenchmen, and so much in opposition to the habits of our own people,
tho' there is no intercourse between them; I fear I may add with truth that the
antipathy of Canadians, and English Subjects against each other, is mutually as
great as ever.

It seems, Sir, to me, impossible that the incorporation of two such Extremes
can ever be effected, and to this I add, that no change in the Laws or religion of the
Country can be even expected until the Majority of its inhabitants are Englishmen,
in principle, and that while the number of English settlers remains so small in com-
parison to that of the Canadians, a change in Language, cannot be looked for,

1. The Quebec Act. See Constitutional Documents, 1759-1791 Shortt and Doughty, 1907,
page 401.

29c— 26 I

402 CANAniAX ARCHIVES

4 GEORGE v., A. 1914

Yet the Province must be converted into an English Colony, or, it will ultimately
be lost to England.

I am led from these considerations in the first instance to conceive it indispens-
ably necessary to overwhelm & sink the Canadia7i population of English Protestants,^
and this I believe to be practicable; I do not mean that subjects can or ought to be
procured from England to the extent required for this purpose, but they may, and I
think ought to be procvired from the neighbouring States. For although it may be
feared by some that they would not be good Subjects, I have myself no such fears;
I believe that once settled in the Province they would have no wish to return to
their former sj'stem of Government, an expectation justified by the conduct of those
who are already settled in the country. It is besides only in the case of a War with
the Northern States of America that the disaifection of such settlers is to be dreaded,
and this is an event to be contemplated probably as a remote contingency. We should
also remember that the great fear of the Xorthern States is the Existence of a nation
of Frenchmen upon their Borders, and that in all probability the introduction of
other settlers by appeasing this apprehension, by increasing our connections with them,
and particularly our commercial intercourse, would have a tendency to pursue the
good understanding which subsists at present for a longer course of years than other-
wise might be expected, and possibly until the original Settlers shall be succeeded by a
new Generation of British Born Subjects; But let the weight of these observances be
what it may, such settlers it is certain would be the descendants of Englishmen, pro-
fess the same religion, and speak the same language, and would therefore be more
easily assimilated, and become better subjects than those which we now possess, and
if to people the Country with such Characters is to incur a risk, the risk incurred
will be less than that which we must incur by suffering the Province to remain in
its present state.

The Waste Lands of the Crown afford sufficient means for the accommodation of
a much greater number of Settlers than is required. But their dispersion through
the settled parts of the Country is desirable upon many accounts, and to effect this
would require the aid of Parliament. All the Grants of the French Government were
made under the feudal System, and all the lands so granted, are now so held by the
Lords of the several Seigneuries in Canada, and their respective Tenants, To such
Tenures all Englishmen and Americans have an utter aversion, and the consequence is
that all the Seigneuries in the Province are entirely settled by Canadians, most of
the Seigneurs however, would be glad, to take a fixed price for the fee simple of their
farms, and in consideration of that Price to exonerate them from the payment of all
rents, mistaken fines; and other feudal Burthens for ever. But as the Law now
stands, this cannot be done, and an Act of Parliament for the conversion of Tenures
similar to the Act which was formerly offered to the consideration of the Provincial
Legislature would be required, and as such, an x\ct must necessarily proceed upon the
principle of a mutual agreement between the Lord and the Tenant, and provide for
the payment of the King's Quint upon the purchase. It is evident that no Injury
could accrue to the Tenant, to the Lord or to the Crown.

In the present state of the Legislature of Canada, three fourths of the House of
Assembly are Canadians, and of that proportion of the whole nearly of the lowest
Class,^ The fruits of Universal Suffrage, Four fifths of the whole also are Eoman Catho-
lics, and under the guidance of a Priesthood which is established by Law, but denies
that the right of Supremacy is or can be vested in the Sovereign. From such a House,
Laws calculated in principle to counteract French predilections or, to increase the
Power or influence of the Crown must not be expected, and almost any alteration in

1. The copy in the Q. series has been followed. The reading obviously should be " by
English Protestants."

2. In the copy in the Canadian Archives the words " of the " are crossed out. Swell's
meaning is evidently that most of the Canadians elected are of the lowest class.

COySTITrTIOXAf. DOCUMEXTS 403

SESSIONAL PAPER No. 29c

it must necessarily be for the better. The Introduction of English Settlors of itself
will increase the number of English Members but the augmentation of their number
would be greatly promoted by an Act requiring a qualification as well for ]\rembers as
for Electors. The Character of the Canadian is Idleness, and inactivity, of the
English Settlers Industry and perseverance. The Canadians also <livide their real
property among their children in equal proportions ad infinitum, while the English
.Settlers olxcrve an opposite Conduct, and almost universally place their younger
sons upon new lands reserving the patrimonial Estate to the Eldest. Generally
speaking therefore, the English Settlers will possess property of greater value than
the Canadians, and if qualifications comparatively high are required, The nomination
of Members to the Lower House will ultimately rest with the English Settlers. The
NuT-bpi- nlso of Persons nntdified to be Members will increase among them, while
among the Canadians it will be diminished.

The present Exigencies of tlie Colony however require measures more immediately
calculated to produce a change in the Legislature than those to which I have alluded,
and in my mind, none would be more eflicacious than an incorporate union of the
two Provinces of Upper and Lower Canada under one Governor General, and one
Legislature, leaving to the Upper Province its present Executive Government, but
rendering it subordinate, and liable to the control of the Governor General, and to both,
all laws in force in each respectively. At the time of the Union; subject to such alter-
ations, and reg\ilations from Time to Time, as circumstances to the Parliament of the
United Kingdom, or to the Provincial Legislature of the L'nited Provinces may appear
to require. By the addition of the Representations of Upper Canada to the Legislature
of this Province, The English Interest in the House of Assembly would be much
increased, and it might be made to preponderate by diminishing the number of the
Representatives for the Lower Prqvince, and augmenting the Number for the Tapper
Province. Tbe Importance, The respectability, and the weight of the Legislative
Council, would be materially augmented. The Influence of the Roman Catholic Priest-
bood in the Legislature would be annihilated. The Strength, The Power, and The
Resources of both Provinces woidd be consolidated. The Commercial Jealousies &
dissatisfactions which have arisen from the peculiar geographical situation of the two
Provinces, from the independence of their respective Legislatures, and the danger
of their acting in opposition to each other, with those consequences (to this time
prevented by temporary compacts between the two) would effectually be done av.'ay,
The Influence of the Governor General would be augmented by an extensive patronage
(which ought to be increased by every means) and the designs of the Imperial Gov-
ernment would be more easily carried into Execution in both Provinces, because there
would 1)€ but one Legislature to consult.

It is obvious if a union of the two Provinces should be adopted, that some altera-
tion in the Courts of Justice would be necessary. But as detail in the several matters
upon which T write would carry me far beyond the bounds to which I am limited in
a letter, I refrain from it in the present instance. As this, however is a subject im-
mediately within my own department, I shall beg your Excellency's permission to refer
to a report upon the Courts of Justice in this Province submitted by me when
Attorney General to Sir Robert Milnes and dated.^

And to add that if it be thought expedient to erect a Court of King's Bench
in this Province with the Powers then pointed out. It would in my opinion be right
to vest in the same Court, a Control to a certain extent over the Courts of the Upper
Province.

Among the means to be adopted for encreasing the power, and influence of the
Crown, I know of none which after those which I have mentioned, would be so im-
mediately efficacious, as to increase the Patronage of the Governor resuming &
exercising tlie King's Right to appoint Incumbents to all the Roman Catholic Livings

1. This report has not been found.

29c— 26.1

404 CANADIAN ARCHTYES

4 GEORGE v., A. 1914

in Canada, under the sanction of a declaratory Act of the Imperial Parliament. But
as His Majesty's Right to make such appointments may be doubted, because ante-
cedent to the conquest, that Eight was vested in the then Roman Catholic Bishop of
Quebec, I shall beg leave to lay before your Excellency the grounds upon which in
my opinion it is now vested in His Majesty.

At the Erection of the Bishoprick of Quebec in 1670 after great contestations
between the Courts of Versailles & of Rome, It was determined that the Bishop of
Quebec should hold of, and he dependent upon the See of Rome, with the title of "Vic-
aire du St. Siege Apostolique " [1] And in consequence of this agreement, though the
Bishop was immediately nominated by the King of France he received from him a
Commission, His powers were derived to him entirely from the Pope, and given by
his BuUe upon which he was admitted to take the Oath of Allegiance and installed
in his Bishoprick by Royal Letters Patent. [2]^

By the 6'^'* Article of the Capitulation of Quebec " The Bishop was to exercise
*'his functions with decency until the possession of Canada should be decided/"^
And in the same spirit By the 29*'^ and 30^^ & 3r* Articles of the Capitulation of
Montreal,"^ & the answers, every demand made for the continuation of the Bishops
authority was rejected. Under the Capitulations therefore the exercise of the Episco-
pal Functions could not be claimed after the Treaty of 1763 by which the possession
of Canada was decided. The Treaty of 1763 permits the Canadians " to profess the
"worship of their religion according to the rites of the Church of Rome as far as
"the Laws of Great Britain will permit."^ And the Statute 14 Geo. Ill cap. 83—
declares that they may have, hold, exercise and enjoy the free exercise of the Religion
of the Church of Rome subject to the King's supremacy declared and established by
the Statute 1, Eliz. cap. 1.^ Since therefore the Titular Roman Catholic Bishop of
Quebec according to the original Creation of the See of Quebec " holds of and is
"dependent upon the See of Rome," and at this moment as heretofore derives his
entire authority from the Pope, without any Commission or power whatever from His
Majesty, It is now clear that the Statute of Elizabeth which is formally but unneces-
sarily recognized by the Statute 14'^'^ Geo. Ill Cap. 83, to be in force in Canada has anni-
hilated, not only his power, but his ofBce. The 16*^*^ Section having especially pro-
hibited all exercise of the Popes authority, & of every authority derived from him
not only in England, but in all the Dominions which the Crown then possessed or might
thereafter acquire. Yet upon a point of so much importance I am desirous of
strengthening- my own opinion by that of others, and with your Excellency's permis-
sion will therefore cite a paragraph from the Report of the Advocate General (Sir
James Marriot) to His Majesty in the year 1773 upon the affairs of Canada. It is
in these words " that the Benefices (in Canada) heretofore in the gift of the
" Bishop are vested in your Majesty only cannot be doubted in Law, because there
" being no Bishop by Law, The Patronage of the said Benefices is devolved to Your
"Majesty's Crown of Course."

I must state as alarming facts, that the education of all the Canadian Youth of
the Country male and female, and of a considerable proportion of the English is

[1] Charlevoix 4 to Vol. 1 p. 406.' Repertoire de Jurisprudence Vol. 23, 512. Letters
Patent of Sept. 1713, confirming the Chapter of Quebec,^ Secretary's OfiBce Register of the
superior Council D. fol, 1,

[21 See the proceedings upon the appointment of Bishop Pontbriand in 1741. Edicts &
Ordinances, Vol. 1, p. 516."

1. The notes (1) and (2) are Sewell's. ^

2. See Consiiiiitional Documents, 1759-1791, Shortt and Doughty, 1907, page 6.

3. Ibid, page 25.

4. Ibid, page 66.

5. Ibid, page 403.

6. Chief Justice Sewell's reference is to the edition of Charlevoix of 1774.

7. See the Edits, Ordonnances Royaux, Declarations et Arrets du Conseil d'Etat du Rot.

8. Ibid, page 553.

CONSTITUTIONAL DOCUMENTS 405

SESSIONAL PAPER No. 29c

entireliy in tte hands of Roman Catholic conventual Institutions. That in the Semin-
ary of Montreal every teacher is a native born subject of france and a Member of
the Brotherhood of St. Sulpice. And that in the Seminary of Quebec — The last
Sviperior was and the present is also a Native of France. Such Institutions in every
Country are Nurseries of Bigotry and of Aversion to the Civil Power, with us in addi-
tion of these evils they are the foster parents of french Predilictions, and of a
Natural Antipathy against England and her heretical Government.

Of these Establishments by far the most important and most extensive is the
8eminai*y of Montreal, whose entire property most unquestionably has been vested in
the Crown since the period of the Conquest. It is not however necessary for nie to
enter into any proof upon this point, or to state the means by which this property
can be resumed because it is not in my power to add anything to a Report upon the
Subject submitted by me to Sir Robert Milnes dated 2"^ July 1804.

Nor will I trespass upon your Excellency's time by any remarks upon the advan-
tages to be derived from the influence of Government in the Education of the rising
generation. I have only to observe that I enumerate the resumption of this property
and the application of its Rents and issues to the purpose of Education throughout
the Province under Masters appointed by the Crown, among the means by which
French Predilictions may be prevented and the power and Influence of the Crown
eventually increased.

In the course of this letter I have hitherto had the honor of offering to your
Excellency's consideration those objects only which constitute in my view tbe greater
alterations and amendments in the Constitution, & Government of the Province,
more immediately and indispensibly necessary, and a further detail of the whole with
the measures which in my humble Judgment it will be right to adopt in the Execution
of all, or any of them, I shall be ready to lay before your Excellency if at any time
you should be pleased to direct me so to do.

I beg leave to add that much Injury to His Majesty's Government, and to the
public peace and tranquillity of the Province, may be prevented, by an Act of the
Imperial Parliament to regulate printing & Printers in Canada similar to the English
Statute of the 38"' Geo. Ill cap. 78.^

I have the honor to be with perfect Respoc^t

Sir
Your Excellency's

most obedient
most humble servant

(signed) J. SEWELL.
J. H. C
His Excellency Sir J. H. Craig K.B.

Governor in Chief &e &e &c.
Endorsed : A

M'. Sewell's Report
In Sir J. H. Craig's

N". 15
To the Earl of Liverpool

1. An Act for preventing <^be mischiefs arising from the printing and publishing news-
papers, and Papers of a like nature, by per^nnc not known; and for regulating the Printiag
and Publication of such Papers in other Respects.

408 CAN Am AX AUCHirES

4 GEORGE v., A. 19U

OPINION OF SIR V. GIBBS ON TJIE PROPOSED CHANGE IN THE

CONSTITUTION.^

1. Whether after the 31^*^ of the King Cap: 31^'- entitled •' An Act for making
^^ more effectual Provision for the Government of the Province of Quebec in North
" America " — The Parliament of the United Kingdom would be Warranted in making;
any Alteration in the Constitution of that Province, or of Upper Canada, a3 estab-
lished by the said above recited Act?

Second —

2. Whether it would be competent to the Parliament of the United Kingdom, to
Unite the Two Provinces of Lower & Tapper Canada into One Government, with One
Council & Assembly, and to make in that Case such further Regulation- for the
Government of the said Provinces as might appear to I'o expedient?

Third—

3. Whether, tlie Governor having -in consequence of the 14**^ Sect;'^ of the above
recited Act, issued a Proclamation'* for dividing the Province of Lower Canada into
Districts, Counties, Townships &c — and appointing the Limits thereof, and declaring
and appointing the Number of Representatives to be chosen by each, of such District,
County, Townships, &e. It would be lawful for the said or any future Governor, with
or without the Authority of His Majesty, to make any new Division of the Districts,
Counties, Township's &g — & appoint new limits thereof, & declare — Appoint the
Number of Representatives otherwise than first proclaimed, without an Act of the
Legislature of the Province & Assembly for that Purpose.

Endorsed: B Canada Answered on another Paper marked C.

1. I think that the Parliament of the United Kingdom would be warranted in
making such alterations in the Constitution of the two Provinces of Upper & Lower
Canada, established under the 31^' G. 3*^ e. 31 as the necessity of the Case, evidenced
by the experience which we have had of that Constitution, may require,'^ but it is to be
expected that the ground of this necessity will be scrupulously enquired into &
discussed by the Parliament here, & that any change which is effected, however neces-
sary it may be, will create great dissatisfaction In the Provinces among those whose
Power & Influence is eontrouled by it.

2. I think that it would be competent to the Parliament of the United Kingdom
to unite the two Provinces of Upper & Lower Canada into one Government with one
Council & Assemhly, & to make in that Case such further Regulations for the Gov-
ernment of the said Provinces as may apix^ar to be exjxidient.

3. I conceive that neither the present nor any future Governor can make any new
Division of the Districts &c nor appoint new limits thereof, nor alter the numl)er of
Representatives which was originally fixed by the Proclamation issued under the 14*^^
sect, of the 31 G. 3*^. c. 31. It seems to me that the power given by that sect : can be
exercized but once, & that when His Majesty has once authorized the Governor to
exercize it, & he has exercized it accordingly, no alteration can be effected in the
Division & Declaration which he has made, except by an A.ct of the Legislative Coun-

1. From the copy in tlie Canadian Archives, Q. 113, page 204.

Writing to Sir James Craig on September 12th, 1810, Lord Liverpool says: — »
" Having judged it advisable to state for the opinion of His Majesty's Attorney General
several Questions arising out of the present situation of Affairs in the Province of Low«r
Canada and connected with the Proceedings which have lately taken place there, I think it
right to transmit for your Information a Copy of the Paper so referred, together with the
Answers and opinion of the Attorney General thereupon. (Canadian Arcliives, Q 97A, page
177.)

2. See Constitutio)w] Documents, 1759-1791, Shortt and Doughty. 1907, page 69i.

3. Ibid, page C98.

4. For the proclamation see page 72.

S.See also the opinion on this point of Mr. Scwell when Attorney General of the
Province, page

COXS'I /T( TIOXAL f)<>CI MESTS 407

SESSIONAL PAPER Mo. 29c

cil & Assembly of the Province with the Assent of His Majesty, or by an Act of the
Parliament of the United Kingdom.

With regard to the two Questions proposed by M^ Ryland in his Memorandum
which I have marked A I cannot say that the Papers published in Le Canadien, &
upon which the Proceedings of the C'ounciP were founded, are such as fix upon the
Publishers the charge of Treasonable Practices, & therefore it may be difficult strictly
to justify the steps which have been taken against them, but the passages which are
adverted to were certainly calculated to do much mischief in the Province, they might,
I think, be prosecuted as seditious libels, & with the apprehensions which were enter-
tained of the Effect of this Paper, it may have been excuseable to resort to means not
strictly justifiable in Law for suppressing it.

V. GIBBS-
L. I. Aug* 22'J 1810
Endorsed : C.

Answers to Queries in Papei'S marked B & A.

LIVERPOOL TO CRAIG.^

ai*h Mar. 1810 X^. a

30^^^ •• « N° 7 Downing Street 12"^ Sept'. 1810

i£_ :: :: :: I «ir j- h. chak.. k.b.
12th ::::;::::: 9 oj

17th 10 '^"'

18th 11 Your dispatches of the dates and Numbers specifie<l in the

•^Yl y \\ Margin have been received and laid before the King.

1st .. ,,'.".' .'.' .'." Having very fully discussed In a separate Dispatch the various

3^ 16 impoitant Topics more immediately connected with the present

^th IS political Situation of the Province and being desirous that you

6th 19 slioukl as early as possible be put iu possession of the Sentiments of

^^ ^^ His .Majesty's Government with regard to the late Proceedings &

10th.'. .. .. .. ..22 apparel It views of the Assembly, I shall reserve for separate con-

lO^ll 33 .sideration the State of its Ecclesiastical Establishments, both Pro-

-i' testant & Catholic, a Subject which no less requires the most serious

it mature deliberation —
It is necessary however that I should reply to those observations you have oftered
ou the Measure you expect the House will bring forward for the application of
the Surplus of the Fund raised for the erection of Gaols, and the Propositions
already made in the House to provide for the future charge of the Civil Establishment
of the Province.

Under any Circumstances, the motives of such an offer would retiuire to be
thoroughly scrutinized — in the present temper of the Assembly there can be no doubt
that the object is to increase the Powers of that Body by assuming the controul &
direction of the Publick Supplies & Expenditure.

The Funds l)y which the Expences of the Colonial Government are supported,
are fortunately at present little dependent on the Will or Caprice of the Assembly, &

1. See page 379.

2. Sir Vicary Gibbs, was born in Exeter in 17.51. He studied at King's College, Cam-
bridge, and was admitted at Lincoln's Inn in 1769. Ho was called to the bar in 1783, and
took part in the trial of many cases of special importance. In 1795, he was appointed
Solicitor General to the Prince of Wales, and in 1799 was advanced to the position of Attorney-
General. In 1804, he was returned to Parliament and in the following year was appointed
Solicitor General by Pitt and given the knighthood. Gibbs retired on Pitt's death, but in
1807 accepted the office of Attorney-General under the Duke of Portland— a position which
he held until his appointment to the Court of Common Pleas in 1812. He was promoted to
the Privy Council in November, 1813, and in the February following became Chief Justice

3. From the fopy in the Canadian Archives, Q. 97A, page 173.
i. See page 376.

408 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

any attempt to provide, by Annual or temporary Acts, any Funds in lieu of those
which, tho' less in amount are of a fixed & permanent nature ought to be immediately
resisted ; And I can hardly suppose a Case in which it would be proper to agree to
any innovation of this kind without a previous reference home & the formal sanction
of the Crown.

A like reservation should be made in the event of any attempt to continue after
the expiration of the present Provincial Act of 1805, the duties imposed on the
importation of certain Ai-ticles for the purpose of creating a Fund for the erectioni
of Gaols.

With respect to the application of the actual Supplies of that Fund, you must
be aware of the strong objections which were urged against the Bill when it was first
brought forward, and of the opposition made,^ whilst under the consideration of the
Privy Council, to its receiving the Eoyal Assent. In consequence of the Discussions
which at that time took place The Lords of the Council recommended the Instruction
which was sent to the Governor not to consent without special directions from
hence, to the Application by the Assembly of any Surplus which might remain after
the Gaols should he completed. I shall therefore direct that this Subject be again
referred to the consideration of the Privy Council ; And in case any Act of Appropria-
tion should be proposed in the Assembly before I am enabled to convey to you, their
Lordships further opinion, it will I conceive be sufficient that the House should be
informed that such restriction still continues in force; And you will observe upon
reference to the Letter of the 16*^ April 1805 from the Clerk of the Council to this
Department, that it was generally signified to the Parties interested that this restric-
tion would be imposed.

I have &c

LIVERPOOL.

LIVERPOOL TO CRAIG.^

Downing Street 12^'* Sep'. 1810
Sir J. H. Craiq

Confidential
Sir,

Your dispatches have received all the consideration to which they are entitled
from the very important Information contained in them — And from the very clear
and able manner in which you have discussed the different Topics connected with it.

I proceed now to communicate to you the Sentiments of His Majesty's Govern-
ment, upon the Points which you have brought under their consideration, in the order
hi v.hich they appear to arise.

It is much to be regretted that the Constitution established for the Province of
Lower Canada, by the Act of the British Parliament of the year 1791, should appear
to have so entirely disappointed the expectations of those who introduced it, & that the
Conduct of the Assembly should afford such strong ground for concluding that the
Constitution was not only repugnant to the established habits & prejudices of the
Canadians, but likewise ill-calculated to produce those benefits to the English Settlers
which they were led at the time to suppose would result from it.

But even supposing that His Majesty's Government should feel the objections to
the Constitution of Lower Canada, as established at present — and the Inconveniences
which you describe to arise from it, as strongly as you do, yet it would be a question
of great delicacy & difficulty, how far, under the present Circumstances it would be

1. See the Canadian Archives, Q. 97, pagres 59 and 101. and Q. 99. pages 100 and 284.

2. From the copy in (he Cannrlian Archives, Q. 97A, pp-jje lfi2.

CONSTITUTIONAL DOCUMENTS 409

SESSIONAL PAPER No. 29c

justifiable to interpose by the Authority of Parliament for the purpose of abolishing
or even of altering it.

The Act of the 31®* of the King does not profess itself to be temporary or experi-
mental— It contains in it no Clause, by which the Right of Parliament to alter the
Constitution is specially reserved. It appears clearly from the 14^*^ Clause/ that it
was the intention of Parliamemt that in ordinary cases at least, such alterations as
Circumstances might render necessary should be made by the Assembly of the Pro-
vince, in concurrence with the Council & Governor — And tho' the Parliament of the
United Kingdom under its right of general legislation for all parts of the Empire,
must be considered as unquestionably possessing within itself, the inherent Right
of altering the Constitution of any of its Colonies or Settlements, if it shall be found
necessary for the safety or prosperity of the Empire, it would probably be thought by
Parliament to require a very strong practical case, to justify the exercise of such a
right in the case of Canada, after such an Act as that of 1791 — And notwithstanding
the Evil Spirit which has made its appearance, & is too evidently gaining ground in
the Province notwithstanding the intemperate Proceedings of the Assembly on more
than one occasion. His Majesty's Government doubt very much whether upon the
Information they at present possess, such a Special Case could at this time be laid
before Parliament as would induce Parliament after having so recently established
the Constitution, to interfere by its Authority for the purpose of altering it.

His Majesty's Government are convinced that an Appeal on this Subject to
Parliament, at the present time, would be highly inconvenient, and as it might even
be attended with very mischievous consequences, They are clear that unless it should
become absolutely & indispensably necessary, it ought to be avoided. This opinion
receives additional weight from the consideration that such a diversity of sentiment
appears to prevail amongst the best informed Persons in Canada as to the nature of
the Reform which it would be most expedient to adopt, and as to the efficacy of the
different Remedies if adopted.

In such a state of things, it would be in vain to calculate with any degree of
confidence what might be the determination of Parliament — And the most fatal Effects
might be produced in Canada from the ferment which would be excited by discussions
in Parliament upon this Subject, if they were not followed by the most decisive and
effectual Measures, & supported by such a general concurrence of opinion as might
reasonably ensure a perseverance in them.

I come then to the next Question, What under the Circumstances above stated
is the course most fitting to be adopted.

His Majesty's Government have no difficulty in delivering it as their* opinion that
the most advisable course, if practicable would be to endeavour to obtain for Govern-
ment by a frank exposition of the liberal & beneficial views of His Majesty, and by every
Measure of conciliation — the support of the Assembly as at present constituted — His
Majesty's Government understand that the English Representatives in the Assembly,
as far as their numbers extend, may be considered as generally favorably disposed
towards Government — And they most earnestly recommend that every Endeavour
should be used by personal communications, to conciliate the most moderate amongst
the Canadians, & to reconcile them to the fair support of the Government against the
violent designs of the disaffected and factious, as the best means of promoting the

1. This clause, after providing for the division of the provinces into disrticts and the
appointment of returning officers enacts that " such Division of the said Provinces inco
Districts, or Counties, or Circles, and Towns or Townships, and such chosen by each of tha
6aid Distiicts. or Counties, or Circles, and Towns or Townships respectively, and also such
Noniitiation and Apiiointment of Returning Officers in the same, shall be valid and effecttial
to all the Purposes of ihis Act, unles« it shall at any time be otherwise provided by any Act
of the Le^'islative Council and Assembly of the Province assented to by His Maje-ty. His
P irs or Successors." (Constitutional Documents, 1759-1791, Shortt and Doughty, 1907. paq-o
fiQ9 ^

410 C'.lA".l/>/.t.V MiCIIIVEfi

4 GEORGE v., A. 1914

Prosperity of the Province & of averting Measures to which Government may other-
wise be indispensably compelled to resort.

If however ever^y Effort of this nature should prove abortive they do not pee that
there exists any such necessary dependence of the Executive Government in Canada
upon the House of Assembly, as need prevent your adopting consistently with the
most strict & rigid adherence to every legal form — a firm, temperate but persevering
resistance to all the Encroachments and usvirpations of the Assembly.

It is provided by the 31^*^ of the King that the Assembly should be called once
every year,^ and it is impossible not to acknowledge that by such a Provision the
Parliament intended to secure to the Colony the important Benefits which cannot
fail to result from the Oitportunity which is thereby afforded of collecting the Senti-
ments of the Community, & of providing by occasion/al legislation such Improvements
as from, time to time may be j-endered necessary.

These are undoubtedly most important considerations which ought never to be
lost sigilit of in the view which is to be taken of this Subject, but notwithstanding
these considerations there does not exist any absolute necessity as in the case of the
Parliament of the United Kingdom, that the Asi?embly should continue sitting, after
it had been once convened.

It would indeed have been wholly inconsistent with the nature of a Colony, &
its necessarj' connection with the IMother Country, that the Executive Government
should have been placed in the same state of dependence upon a local Legislature, as
most usefully subsists reciprocally between the Crownl and the Parliament of the
United Kingdom.

In Canada therefore, the Executive Government is not dependent upon the
Assembly, either for the Supplies requisite for defraying the Expences of the Civil
Government of the Province nor for the Military force essential for its security &
protection.

The Military Force which is judged necessary for these purposes is provide<l
from home, and I understand that the permanent Revenue of the Province, to-gether
with what it has been usual to draw from the Military Chest is fully sufficient for
all the Expences of the Civil Government.

The Executive Government therefore, in Canada, is in no way necessarily depen-
dent upon the House of Assembly — All Laws to regulate the Commercial Intercourse
between Canada & other parts of the World, may according to the Constitution, Ix'
passed by the Imperial Parliament.-

There may indeed be some Laws which have heen passed by the Legislature of
Lower Canada for a limited time, the Expiration of which, might prove inconvenient
to the Government. With respect to the Alien Law,^ this observation applies only to
a limited extent— for as long as the War continues, the Crown & its Representatives
have a clear & undoubted Right by common Law, to send all alien Enemies out of the
British Dominions, without the necessity of any Legislative Act for that purpose.

The Expiration of the Law for the safety of the King's Government,'* by suspend-
ing the Habeas Corpus, might be some inconvenience, but it does not apixjar to be of
a sufficient magmitude to counterbalance the advantages which would arise from the
course of proceedinlg now proposed,, compared with that of any other which has been
hitherto suggested.

1. A: tide XXVII. of the Constitutional Act of 1791, provided that the Legislative
Council and Assembly " shall be called together Once at least every Twelve Calendar
Months." (Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 700.)

2. See Article XLVI, of the Constitutional Act of 1791, Constitutional Documents,
1759-1791, Shortt and Doughty, 1907. page 707.

3. See the Statute 43 Geo. III. Cap. II. This Act was preceded by a temporary Act of
1794 which was renewed by successive parliaments until 1801. The Act of 1803 had been
renewed yearly up to this time.

. 4. For this Act see page 215.

CONSTITUTIONAL DOCUMENTS 411

SESSIONAL PAPER No. 29c

With respect to Laws for internal Improvement, the want of them will be much
to be regretted by the Government & by all who are interested in the welfare of the
Province. The Inhabitants of the Province must feel, in the first instance, the incon-
venienice arising from the interruption of all Legislative Proceedings of this nature,
and it is to be hoped that they will be led to ascribe it to its true cause — the factious
and intemperate Conduct of their own Representatives.

If this Sentiment once g-ains ground amongst the Inhabitants of the Pi'ovince it
maiY' operate more powerfully than any other Measure in bringing them to a due sense
of their Interest & their duty.

His Majesty's Government therefore altho' they see much that is deeply to be
regretted in this state of tilings, see no reason why the Executive Government should
feel itself essentially embarassed in its course of Action upon the present occasion.
If the Assembly on beinig convened annually, as by the Law is necessary, should adopt
an^y- violent or intemperate Proceedings, the Governor should prorogue or dissolve
them.

That Prorogation or dissolution with whatever inconvenience it may be attended
to the Province, must be ascribed to those whose misconduct rendered it necessary.

It will be of infinite importance that it should not be resorted to, till the cause
of it should be evident to the whole Province — And the more active the friends of
Government may be in endeavouring to bring forward useful, & therefore popular
Measures — the more ground the Province in general will have to regret the Proroga-
tion or dissolution of the Assembly. His Majesty's Government earnestly recommend
to you the Prorogation rather than the dissolution of the Assemblty, unless there is
reason to believe from a change in the temper of the People, that a more favorable
Assembly will be elected.

A Prorogation has equally the effect with a Dissolution of quashing every Pro-
ceeding of the Assembly — And it is not at all desirable that the Province should be
k^t in a continual state of ferment by Annual Elections, when by Law they are only
riece.s-sarj;, once in four years.

I have &c

LIVERPOOL.

( KAK; to KYLAND.i

Quebec, 9*'^ November, 1810.
My dear Ryland, —

I wrote to you on the titli, but a vik: easterly wind having come on just as the
Clifford was going to sail, I have the means of sending you another letter, which I am
inclined to do, upon a subject which was communicated to me yesterday. I have seen
the Memorial of the merchants trading to this country, which Mr. Atcheson was to
present to Lord Liverpool in September.-' It is strong, though I am not at all disposed
to say that it is more so than is required by the occasion. One copy only has been
received here yet ; Mr. McGillivray got it from his brother. It has been handed about

1. The text of this letter is taken from Cliristie's History of the Late Province of Lower
Canada, Vol. VI, page 166.

2. This memorial which is signed by the principal merchants interested in the Can-
adian trade after reviewing the condition of tlie colony, concludes:—

" Under these Circumstances and from the vital importance of the Colony to the Mari-
time Interests of Great Britain, your Memorialists appeal with great deference to your Lord-
^'^JP,.^^ *^® hope that His Majesty's Government will take into their early consideration the
political state of Lower Canada- -that they will support His Excellency the Governor Gen-
eral in the measures he has been obliged to adopt; and that they will condescend to recom-
mend to the favourable Consideration of the Imperial Legislature such Alterations in the
Constitution of Lower Canada as will promote and secure the British Interests in that
Province." (Canadian Archives. Q. 113, page 216.)

412 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

among the English, but is not yet public. Among them it is highly approved; but
what will be the sensation when it comes to the knowledge of the opposite party, it
is not difficult to foresee.

It has been communicated to me, that it is in contemplation, with the Committee
of Merchants at this place and at Montreal, to present a petition to suspend the present
constitution of this country, during the present war, and for five years after, during
which period it should revert to its former Government by a Governor and Legislative
Council. This exactly meets my idea; but in the sketch that has been as yet formed,
they recommend an increase in the number of which the Legislative Council should
be composed, and this increase, if carried to any extent, is what I think should be
avoided. In the former case, the Council was to consist of not more than 23, or less
than 17.^ I would not now have them more than 31, or at most ,35. Several reasons
weigh with me to be of this opinion; but the principal is, the extreme difficulty
of filling it with proper people, beyond that extent, at least, without giving a prepon-
derance to some particular interest, which ought certainly to be avoided. A reason-
able proportion of Canadians must also be of it, perhaps a third at least. Now, where
shall we find more than a dozen of that class, who will not exert their utmost endea-
vours to clog the proceedings with difficulties. ■ They may, indeed be over-ruled; but
they will then clamour, and have recourse again to their parish orators to keep up
the ferment. I do not find that in the last Legislative Council there was any President.
Surely there should be one at the nomination of the Governor, either each Session,
or during pleasure. The latter would give more dignity.

I think of calling Parliament together in December, letting them choose their
Speaker, and then proroguing them immediately." However, I have not yet finally
settled it. It will ensure beyond any controversy, the continuance of two temporary
acts in existence, which expire on the first of January, or at the termination of the next
Se'if-ion, and T think it may be advisable to have it over before I receive any instruc-
tions, or before we get information of any measures which may be likely to be adopted
at home, the consequence of which I can then consider at leisure, without being
hampered by the necessity of calling them perhaps immediately, for you know they
must at any rate be assembled before the 23rd February.

I have not yet made up my mind as to the question of simply proroguing them
without saying anything, or telling them that having reported the extraordinary
events that have taken place, I wait Her Majesty's instructions. The former will be
more expressive of alienation from them, the latter will be a little more conciliatory.
Neither will prevent violent clamour and determined abuse.

Still without a line from you, although Kempt, received a present from you
yesterday, which came by the Cumberland. Some accident has certainly happened to
the Argo. Adieu.

Yours,

J. H. CRAIG.

P.S. The original of this goes by the Clifford, this by the Wilmot under the
charge of Major Heathcote. I have finally determined upon thcsmeasure of calling
Parliament in December, the Proclamation wiU be out on Thursday.

1. Spe the Quebec Act. Constitutional Documents, 1759-1791 Sliortt and Doughty, 1907.
page 404.

2. The session opened December 12th, 1810, and continued until March 21st, 1811.

CONSTITUTIONAL DOCUMENTS 413

SESSIONAL PAPER No. 29c

OPINION OF CHIEF JUSTICE MONK ON THE POWER OF ERECTING
PARISHES IN LOWER CANADA.^

Montreal, lO*^"^ August, 1810.
Sir,—

I have tlie honor to submit to Your Excellency my opinion upon the three several
questions you have done me the honor to command.

In this opinion I have had occasion to state part of His Majesty's Instructions
in the year, 1775,^ to Governor Carlton, at the period of the, passing of the Quebec
Act; and beg leave to say they were made public and printed, by order of the House
of Commons at the period of passing the Canada Act.

Question. 1. — In whom is the power of erecting Protestant Parishes in Canada,
and what are the legal means by which such parishes may be erected?

Answer. — This power I conceive to be legally vested in His Majesty. And I am
induced to believe, from a necessary implication upon the 38th and 39th sections of
the statute of the 31 of the King, chap. 31,^ and the powers granted to Your Excel-
lency by His Majesty's Royal Letters Patent under the Great Seal of England, is
conferred to Your Excellency, to be exercised by Letters Patent under the Great Seal
of the Province upon advice of the Executive Council.

Question 2. — Is there a distinction with respect to the power of erecting them
between Protestant and Roman Catholic parishes; and if there is, in whom does the
power rest of erecting the latter?

Answer. — The only distinction that in appearance of law can, be offered in the
case of Roman Catholic parishes, arises out of an ordinance passed by the Governor
and Legislative Council of this Province, in the 31st year of His Majesty's reign,
intituled " An Act or ordinance concerning the building and repairing of Churches,
parsonage houses and Church yards."*

If this ordinance should be considered as a part of the laws of this Province, it
would most assuredly create a very great distinction between the erecting a Pro-
testant and a Roman Catholic parish. To create a parish of the first description,
there requires only the advice of His Majesty's Executive Council, previous to Your
Excellency's exercise of the Royal prerogative, by Letters Patent, under the great seal
of the Province. But to erect a parish of the latter description, a course of proceed-
ing must be had, through the interposition of " the bishop or superintendent of the
Romish Churches for the time being," and this may be, in a considerable degree, con-
sidered as a limitation to the Royal prerogative, and the legal supremacy of the
crown, over all matters spiritual, ecclesiastical and temporal, within this part of His
Majesty's Dominions.

This point of Your Excellency's reference, and the great importance of a legal
question in His Majesty's Courts, upon the legality or nullity of the above ordinance,
impresses very considerable solicitude, in treating a subject of so much delicacy.

At passing the Quebec Act, a restriction was created by the 15th Section.'
" That no ordinance touching religion shall be of any force or effect until the same
shall have received His Majesty's approbation."

And the Royal instructions to the then Governor, respecting the due execution
of the said Act, were made in the very terms of the above section; to which was
added a general direction, in the following words : " That all such ordinances " — to
be made by the Governor with the assent of the Legislative Council — " be trans-
mitted by you within six months after their passing, or sooner, if opportunity offers,

1. From the copy of the opinion published in Christie's History of the Late Province of
Lower Cannda, Vol. VI. page 112

2. See Constitutional Documents, 1759^791, Shoitt and Doughty, 1907, page 419.

3. Ibid, page 704, and also the commission to Dorchester, page 8.

4. See the Ordinance 31 Geo. Ill, Cap. VI.

5. See Constitutional Documents, 1759-1791. Shortt and Doughty, 1907, page 405.

414 CAXAD/AX ARCHIVE fi

4 GEORGE v., A. 1914

to us, by one of our principal Secretaries of State, and duplicates thereof to our coni-
missioneis for ti'ade and plantations, for their information; That tliey he abslracted
in the margins, and accompanied with vei'y full and particular ohservalions xipon
each of them, that is to say, whether the same is introductive to a new law, or does
repeal a law then hefore in being; and you are also to transmit in the fullest manner
the reasons and occasions for enacting such ordinances, together with fair copies of
the journals of the proceedings of the Council, which you are to require from the
clerk of the said Council.''^

It is scarcely possible to suppose either that His Excellency the then Governor,
did not clearly comprehend the extent of the legal operation the ordinance was
intended to produce; and that it most essentially affected ecclesiastical and temporal
rights, and was a, law within the provisions of the 15th Section of the Quebec Act:
nor is it to be supposed, that His Excellency, (assisted by a Chief Justice of the dis-
tinguished legal abilities of the late Mr. Smith,^) could have failed in due obedience
to the Royal Instructions above stated, to have amply exposed the A'^ery great altera-
tions that ordinance was in its operation to produce upon the actual laws of the
Province, ILis Majesty's just and essential supremacy over the ecclesiastical interest
of His Majesty's Government, and peculiarly those in Avhich the Roman Catholic
church was to be called into a participation with the crown, even by a restrictive
power, over the execution of the laws of the Realm. And I am the more impressed with
this belief, when I consider other highly important parts of the Royal Instructions
" upon matters of ecclesiastical concern,""^ that most emphatically enjoined upon the
Governor, a strict exertion of the King's supremacy, to the exclusion of every power
of the Church of Rome, by any of its ministers in this Province, not absolutely
requisite for the exercise of a tolerated worship, which was alone declared to be the
boundary of political or legal claims, by His Majesty's Roman Catholic subjects.
y I l:eg leave further to obsei"ve that the ordinance above cited could not in any
instance le carried into effect, but through the sanction of the Governor; or persons
by him legally delegated for that purpose. And. I must presume, upon a measure of
so much Importance, that Ilia Excellency neither personally nor by any delegated
authority, (until the Royal approbation of the ordinance had been previously
obtained) granted his sanction to the execution of a law, that in my humble opinion
was m-ade, if not in direct terms, yet in its consequences, repugnant to Acts of Par-
liament and the Royal Instructions.* Nor do I confine my grounds of belief solely to
the circumstances above stated. A provincial statute passed in 34th year of His
Majesty's reigni " for the division of the Province of Lower Canada for amending the
Judicature thereof, and for repealing certain laws therein mentioned.""^

In the 8th Section of that Act,^ it is expressly declared that the ordinance above
cited, of the 31 of His Majesty, chap. 6, " for building and repairing churches. iSrc,"
shall not be by the said statute revoked or repealed; whicli carries at least, a legal
implication of Legislative approbation; for it is to be observed, that this Provincial
Statute was reserved in the terms of the Canada Act, chap. 31, sec. 22, for His
Majesty's approbatioir,^ and the Royal approbation was granted and publicly
announced, in the terms of the law, hy the Governor, Lord Dorchester's proclamation,
and messages to the two branches of the Provincial Parliament. Nor have the argu-

*25 and 26 Hen. 8: 1 Eliz. ch. I; 7 and 8 Will. 3, cliap. 22; 14 Geo. .3 ch. 83, S. 15, 18; the
Eoyal Instructions to Gov. Carleton, 3rd Januarj-, 1775.'

1. Ibid, page 422.

2. See page 14.

3. See Articles 20 and 21 of the Instructions to Govp.rnor Carleton in 1775. Consiituiional
Documents, 17r.()-l79]. Shortt and Doughty, 1907, Dapre 425.

4. Se ) age 125. This text as given by Mr. Christie has been followed in this sentence.

5. Fee page 128.

6. S^e page 125, note 1. «■

7. This note is in the text as printed by Mr. Christie; it is evidently from the original
opinion of Mr. Monk.

J

COXSTITUTIOXAL DOCUMENTS ' 415

SESSIONAL PAPER No. 29c

ments for His Maje^^ty's presumed sanction to the above ordinance rested liere; the
Governor or Lieut. Governor, delegated His Majesty's power, vested in the Governor,
to commissioners to carry the ordinance into effect; and proceedings have been had
thereon, and ratified by a course of legal controversy in Ilis Majesty's Court's, to
effectuate the powess granted to the "Roman Catholic Bishop, or superintendent of
the Romish (liiirclie? "' by the said ordinances.*

Whatever may be my opinion upon the legality or the nullity of the oriiiD,ance
above stated, I cannot forbear to represent to Your Excellency that many endeavors
have been made to draw the question into legal discussion and judicial determination;
and that fn all such occasions, I have perceived those attempts to have created very
considerable agitation and reasonings, tending to excite the public mind in a manner
highly prejudicial to the Royal prerogative, and the Constitutional Government of
this Colony. Nor can I entertain a doubt that any thing less than His Majesty's
direct and express interposition upon the subject, would prevent the prejudicial agita-
tion which may in my mind, be expected through the medium of various sources,
that from the late disturbed state of the Colony, Your Excellency must but too clearly
comprehend. And I beg leave to add, that Your Excellency must fully perceive the
serious import of a legal controversy, so novel in His Majesty's Colonial Courts of
Law; and upon a question that may involve so extensive and so animated an interest,
in support of an Act of the Provincial Legislature, that by Roman Catholic subjects
may be represented as indispensably requisite to the powers of " their Bishop," and
tl.e free exercise of their religion, and that has subsisted and been acted upon, under
circumstances so peculiar, and for so long a period of time; and the very great
import of a colonial judicial determination — if such should be made — that this
Act of the Governor and Legislative Council, so circumstanced, was a nullity in law.

Upon the latter part oit Your Excellency's second question, I have to submit to
Your Excellency, that under the best consideration I have as yet been able to bestow
on the subject, I am induced to think that His Majesty's supremacy in all matters
ecclesiastical and spiritual — and of which the erecting of parishes I consider to be
one — has not been revoked by the ordinances of the Governor and Legislative Council
above stated, or in other words that that ordinance legally could not abrogate, limit
or restrain, the highly important rights of the Crown, on the subject it most evidently
was penned to produce; consequently, that the prerogative of the Crown to create
Roman Catholic parishes, remains with His Majesty, to be legally exercised in the
same manner as in respect to Protestant parishes.

Question 3. — " In the case of a Roman Catholic parish legally erected by the
* Vide Case in Appeal of Lavergne vs. Bertrand, Cure, ■ t alia.^

1. The case of Lavergne vs. Bertrand, arose out of the following circumstances: — The
Parish of Saint Antoiiie was erected by tlie Kins of France in 1722, and in 1800 was divided
into the Parishes of Saint Antoine and" Saint Leon le Grand under the Provisions of the Pro-
vincial Ordinance of 1791. (See Article VIII. of the Judicature Act, 129). Mr. Lavergne
resided in the new Parish of Saint Leon and was asked by the Cure, Pere Bertrand, to fur-
nish ibe pain heni for the new church. Mr. Lavergne refused to do this claiming that the
Parish of Saint Leon had not been legally constituted and an action was accordingly com-
menced to compel the defendant to furnish the pain beni to Mr. Lavergne as Cure of Saint
Leon. The Court of King's Bench for the District of Three Rivers decided in favour of the
Cure and held that the parish had been properly erected. Mr. Lavergne appealed from this
judgment and secured an order adding tlie Attorney Ger.eral, representing the Crown, as an
intervening party. The Moyens d'inicrvention drafted by the Attorney General contain his
arguments again^^t the validity of the Ordinance of 1791. They were briefly that it was repug-
nant to 26 Henry VIII, c. I. and 1 Elizabeth, c. I.; that it concerned religion and did not
rec( ive the Assent of the Crown ; that it imposes a tax on the inliabitants of the several
parishes of the Province and that it infringed on the rights of the Crown and was therefore
uUra vii-es of the Provincial Legislature. Tiie Attorney General did not discuss the questioa
of the legal validity given this ordinance by the subseouent sanction of the Judicature Act
in which express reference was made to its provisions. For the Attorney General's arga-
ment see Christie's History of Lower Caiiada, Vol. VI, page 88.

It would seem that an agreement was reached between the parties through the interven-
tion of President Dunn and that the Court of Appeal was not called upon to decide the issue

416 CANADIAN ARCBITE8

4 GEORGE v., A. 1§14

ordinance of 1722,^ and tlie desire of inhabitants of contiguous concessions to be
annexed, and become part of such parish, what is the legal course to be followed to
effect such annexation ? "

Answer. — I perceive no sufficient legal distinctions to be taken between, erecting
a new parish, or enlarging one at present established under the ordinance of 1722, to
vary the course of proceeding. I am therefore of opinion, that the same power should
be exercised, and the same course should be taken to accomplish the enlargement sug-
gested, as would be exercised in creating a new Roman Catholic parish.
All which is most respectfully submitted by Your Excellency's

Most obedient humble servant,
J. MONK.
To His Excellency Sir J. II. Craig, K.B.,
Governor in Chief, &c., &c.

PKOCEEDINGS RELATING TO THE DISALLOWANCE OF THE ELECTION
OF JAMES WILSON AND JOHN ROBLIN, UPPER CANADA.

JOURKAL OF THE HOUSE OF ASSEMBLY."

Tuesday, 6th February, 1810.
*******

Mr. Gough moved, seconded by Mr. Secord, that the Petition of the Inhabitants
•of the Counties of Lennox and Addington and Prince Edward be now read.
The Petition was read accordingly, and is as follows.

To the Honorable the Representatives of
the Province of Upper Canada, in the House
of Commons assembled.
The Petition of the undersigned inhabitants, Freeholders of the United Counties
■of Lennox and Addington, and the County of Prince Edward, (except Ameliasburgh)
in the Midland District,
Humbly Showeth,

That John Roblin and James Wilson, two of the Members returned as Repre-
sentatives for the said Counties, have not been duly and lawfully elected and chosen,
inasmuch as the said John Roblin and James Wilson, at the time of their being
leturned as Members of the House of Assembly for this Province, then were, and for
many years before, and still are public Preachers and Teachers in that Society or
Community of people called Methodists.^ Your Petitioners therefore humbly repre-
sent that the said John Roblin and James Wilson, are not eligible to seats, or to be
returned as Members of the House of Assembly of this Province; and pray that the
said John Roblin and James Wilson may not be permitted to hold seats in Your
Honorable House, and that the same may be vacated.

And Your Petitioners, as in duty bound, will ever pray.
Adolphustown, 25th Jan'y, 1810.

(Signed) John Fei'guson, Ebenezer Washburn,

Reuben Bedell, Simeon Washburn,

and Thirteen others.

1. See the Edits, Ordonnances Royaiix, Declarations et Arrets du Conseil d'Etai du Boi,
edition of 1854, Vol. I, page 443.

2. From the certified type-written copy of the Journal of the House of Assembly of
Upper-Canada for the year 1810 in the Canadian Archives.

3. Section XXI. of the Constitutional Act of 1791 declared Ministers, Priests, Ecclesias-
tics, or Teachers under any Profession of Religious Faith or Worship incapable of being
elected to the House of Assembly. See Constitutional Documents, 1759-1791, Shortt and
Doughty, 1907, page 699.

(

I

CONSTITUTIONAL DOCUMENTS 417

SESSIONAL PAPER No. 29c

Monday, 12th February, 1810.

Prayers were read.

Agreeably to the Order of the Day the House resolved itself into a Committee,
to go into the merits of the Petition of the Freeholders of the Counties of Lennox
and Addington, and the County of Prince Edward, against the eligibility of Messrs.
Roblin and Wilson holding their seats in the House.

Mr. Speaker left the Chair.

Mr. Lewis was called to the Chair of the Committee.

Mr. Speaker resumed the Chair.

And Mr. Lewis reported that the Committee had come to a resolution, which he
was directed by the Committee to report, whenever the House should be pleased to
receive the same.

Ordered, That the Report be now received.

The Report was accordingly received and accepted, and is as follows, viz.

Resolved, That it appears to this Committee that there is suflScient grounds in
the Petition of the Freeholders of the Counties of Lennox and Addington, and the
County of Prince Edward, against John Roblin and James Wilson, to proceed to
trial; and that the House do proceed to the trial of each separately.

*******

Monday, 26th February, 1810.
*******

Agreeably to the Order of the Day,, the House went into the consideration of the
Petition of the Inhabitants Freeholders of the Incorporated Counties of Lennox and
Addington, and the County of Prince Edward (except the Town of Ameliasburgh),
complaining that James Wilson, Esquire, the sitting Member representing the County
of Prince Edward, (except . Ameliasburgh) was not duly and lawfully elected and
chosen.

In conformity to an Act passed in the First Session of the Fourth Provincial Par-
liament, entitled " An Act to regulate the Trial of Controverted Elections "^ the
Speal^er and the Members present were sworn by the Clerk at the Table.

Members present.
The Speaker,
Thomas B. Gough, John McGregor,

James McNabb, Crowell Wilson,

Thomas Frazer, Joseph Willcocks,

Henry Marcle, Benajah Mallory,

Stephen Burritt, John Roblin,

Matthew Elliott, Philip Sovereign,

J, B. Baby, Thomas Dorland,

Peter Howard, Levi Lewis,

Allan McLean, David Secord,

John Wilson, D. M. G. Rogers,

The Clerk then read at the Table the Petition of the Inhabitants, Freeholders
of the United Counties of Lennox and Addington, and the County of Prince Edward
(except Ameliasburgh.)

The Solicitor General came to the Bar as Counsel for James Wilson, Esquire,
the sitting Member.

A place was allotted for him by the^ House within the Bar, but not to be a pre-
cedent hereafter,

1. See pa^e 316.

29c— 27

418 CAXADIAIV ARCHIVES

4 GEORGE v., A. 1914

John McDonell, Esquire, Barrister at Law, of Counsel for the Petitioners of the
Counties of Lennox, Addington and Prince Edward, complaining that James Wilson,
Esquire, the sitting Member, was not duly and lawfully elected and chosen, came to
the Bar.

A place w^as allotted for him by the House within the Bar; but not to be a pre-
cedent in the future.

Saturday, 3d March, 1810.

Mr. Rogers moved, seconded by Mr. Gough, that the House be cleared ofj
strangers.^

The House was accordingly cleared of strangers.

The Door being opened: —

Mr. Burritt then moved, seconded by Capt. Elliott, that the House do now enter j
into the consideration of the Contested Election of James Wilson Esquire.

The House accordingly proceeded on the merits of the Petition of the Free-
holders of the County of Prince Edward (except Ameliasburgh) complaining of the]
undue return of James Wilson, Esquire, to represent that County in the House ofj
Assembly.

The Solicitor General, of Counsel for James Wilson, Esq., the sitting Member,]
by permission of the House proceeded upon the defence in behalf of James Wilson'
Esquire.

To whom John MacDonell Esquire, Barrister at Law, by permission of the House
replied.

After Counsel having been heard in support of the allegations set forth in the
petition of the Freeholders of the County of Prince Edward, and that on the part of
the Sitting Member, they were ordered to retire within the Bar.

The House then examined Mr. McNabb, a Member of this House, touching the
merits of the said petition.

j^fr. Rogers then moved, seconded by Mr. Gough, that John Dettor be examined
by the House.

Which was ordered accordingly.

John Dettor was then called to the Bar and sworn.

Mr. Gough, seconded by Mr. McC^regor, moved that the House do now resolve
that it appears to this House that the Petitioners complaining of the undue election
and return of James Wilson Esquire, the Sitting Member representing the County
of Prince Edward, (except Ameliasburgh) have proved the allegations of their peti-
tion; it being the opinion of this House that he comes within the contemplation of
the twenty-first clause of an Act of the Parliament of Great Britain, passed in the
thirty -first year of His Majesty's Reign, entitled, " An Act to repeal certain parts
of an Act, passed in the fourteenth year of His Majesty's Reign entitled ' an Act to
make further provision for the Government of the Province of Quebec, in North
America, and to make further provision for the Government of the said Province,"^
and has therefore vacated his seat.

On Mr. Speaker having put the question, a division thereupon took place.

The names being called for they were taken down and are as follows.

1. See Clause III. of the Act of 1805, page 817.

2. See Constitutional Documents, 1759-1791, Sliortt and Douglity, 1907, page 699.

cox 8 TITLTIOXAL DOCUMENTS

419

SESSIONAL PAPER No. 29c
Yeas.

MESSRS McNABB
BURRITT
FRAZER
MARCLE
ELLIOTT

BAEY ; - -

GOUGH
McLEAN
C. WILSON
SECORD

McGregor

Carried in the affirmative by a majority of five.
The House accordingly resolved the same.

Nays.

MESSRS. J. WILSON
HOWARD
WILLOOCKS
ROGERS
ROBLIN
LEWIS

Wednesday, 7th March, 1810.

Mr. Gough, seconded by Mr. McGregor, moved, that it appears to this House
that the Petitiom of the United Counties of Lennox and Addington, complaining of
the undue election and return of John Roblin, Esquire, one of the Sitting Members,
representing the said Counties, have fully proved the allegations of their petition,
and that he is ineligible to a seat in this House.^

On Mr. Speaker having put the question a division) thereupon took place.

The names being called for, they were taken down, and are as follows.

Nays

MESSRS J.

WILLSON

HOWARD

LEWIS

ROGERS

WTLLCOCKS

MALLORY

Yeas.

:\rESSRS BURRITT.
MARCLE

McGregor

GOUGH

BABY

McLEAN

McNABB

SECORD

C. WILLSON

SOVEREIGN

ELLIOTT

FRAZER

Carried in the affirmative by a majority of six; and the seat of John Roblin
Esquire is accordingly become vacant.

1. The formal proceedings in the hearing of the petition against the election of Mr.
Roblin were of the same character as in the case of Mr. Wilson and have been omitted.

420

CANADIAN ARCHIVES

Preamble.

Judges of His
Majesty's
Courts of King't
Bench disqua-
lified from beinc
elected or of
sitting or voting
as members of
Assembly,

4 GEORGE v., A. 1914

AN ACT DISQUALIFYING JUDGES FROM SITTING IN
THE HOUSE OF ASSEMBLY OF LOWER CANADA.^

ANNO QUINQUAGESIMO PRIMO GEORGH IH.

CAP. IV.

An Act for declaring Judges to be disabled and disqualifying
them, from being elected, or from Sitting and Voting in the House
of Assembly.

(21st March, 1811.)

Whereas it is expedient to make effectual provision for exclud-
ing Judges of His Majesty's Courts of King's Bench within this
Province from being elected or sitting and voting in the House of
Assembly of this Province, Be it therefore enacted by the King's
most Excellent Majesty, by and with the advice and consent of the
Legislative Council and Assembly of the Province of Lower Canada,
constituted and assembled by virtue of and under the authority
of An Act of the Parliament of Great Britain passed in the thirty
first year of His Majesty's Reign, intituled, " An Act to repeal
" certain parts of An Act passed in the fourteenth year of His
"Majesty's Reign," intituled "An Act for making more effectvM
'^provision for the (government of the Frovince of Quehecin North
"America" and to make further provision for the Government of
" the said Province " And it is hereby enacted by the authority of the
same that from and after the passing of this act, no person who
shall be a Judge of either of His Majesty's Courts of King's Bench
within this Province, shall be capable of being elected or of sitting,
or voting, as a Member of Assembly in any Provincial Parliament.

RESOLUTIONS OF THE HOUSE OF ASSEiMBLY ON THE IMPRISONMENT

OF PIERRE BEDARD.2

JOURNALS OF THE HOUSE OF ASSEMBLY^ LOWER CANADA.

Monday, 2}i.th December, 1810.

The order of the day, for the House to resolve itself into a Committee of the
whole House, on the Message from His Excellency the Governor in Chief to this
House, the thirteenth instant, intimating that Pierre Bedard, Esquire, elected to
serve as a Member for the County of Surrey, was apprehended and committed for
treasonable practices,^ being read;

The House resolved itself into the said Committee.

Mr. Si>eaker left the Chair.

Mr. Dehartzch took the Chair of the Committee.

Mr. Speaker resumed the Chair;

And Mr. Dehartzch reported, that the Committee had come to several resolutions,
which he was directed to submit to the House, whenever it shall be pleased to receive
the same.
Ordered^ that the Report be now received. ?

And he read the Report in his place, and afterwards delivered it in at the Table,'
where the Resolutions were again read by the Clerk.

1. From the Provincial Statutes of Lower-Canada, 1811.

2. From the Journals of the House of Assembly of Lower-Canada, 1810-11.

8. For the Address erf Sir James Craig see the Journals of the House of Assembly, 1810-11,
page 36.

CONSTITUTIONAL DOCUMENTS 421

SESSIONAL PAPER No. 29c

The said Resolutions are as followeth: videlicet;

Resolved^ that it is the opinion of this Committee, that Pierre Bedard, Esquire, was
one of the Representatives for the Lower Town of Quehec, in the last
Provincial Parliament, at the time of its prorogation, on the twenty-sixth
February last.

Resolved, that it is the opinion of this Committee, that the same Pierre Bedard,
Esquire, was one of the Members of the last Parliament, as Representative
of the Lower Town of Quehec, at the time of its dissolution, on the first
of March last.

Resolved, that it is the opinion of this Committee, that by a Warrant^ issued from
the Executive Council of this Province, signed by three Members of the
said Executive Council, the nineteenth day of March last, by virtue of the
temporary Act, intituled, " An Act for the better preservation of His
" Majesty's Government, as by law happily established in this Province,"
the said Pierre Bedard, Esquire, was, on the said nineteenth day of March,
apprehended and committed for treasonable practices; and has always
been, and still continues to be, detained in the Common Gaol of the Dis-
trict of Quehec, by virtue of the said Warrant.

Resolved, that it is the opinion of this Committee, that the same Pierre Bedard,
Esquire, was elected on the twenty-seventh of March last, and returned as
one of the Knights Representatives for the County of Surrey, to serve in
the present Provincial Parliament.

Resolved, that it is the opinion of this Committee, that the same Pierre Bedard,
Esquire, is now one of the Members of this House for the present Par-
liament.

Resolved, that it is the opinion of this Committee, that the simple arrest and deten-
tion of any one of His Majesty's Subjects, under and by virtue of the
authority of the temporary Act of the Provincial Parliament, intituled,
" An Act for the better preservation of His Majesty's Government, as by
" law happily established in this Province," does not bring him under the
description of those who are declared incapable of being elected to serve
in the House of Assembly, by the 23d Clause of the Act of the Parliament
of Great Britain of the 31st year of His present Majesty, Chap. 31.^

Resolved, that it is the opinion of this Committee, that the provisions of the tem-
porary Act, intituled, " An Act for the better preservation of His Majesty's
" Goverrmient, as by law happily established in this Province," guarantees
to the said Pierre Bedard, Esquire, the right of sitting in this House.

Resolved, that it is the opinion of this Committee, that an Humble Address be pre-
sented to His Excellency the Governor in Chief, to acquaint His Excel-
lency that this House have taken into serious consideration His Excel-
lency's Message of the thirteenth instant, and have accordingly passed
several Resolutions, which they conceive to be their duty to submit to His
Excellency; and that it is the wish of this House, should His Excellency
not deem it proper to lay before them any further communication on this

1. See page 379.

2. See page 215.

3. Clause 23 of the Constitutional Act of 1701 disqualified from election to the Assembly
all persons " who shall have been af^ainted for Treason or Felony in any Court of Law with-
in any of His Majesty's Dominions, or who shall be within any Description of Persons dis-
qualified by any Act of the Legislative Council and Assembly of the Province, assented to by
His Majesty, His Heirs or Successors."

422 OANADIAX ARCHIVES

4 GEORGE v., A. 1914

subject, that Pierre Bedard, Esquire, Knight Representative for the
County of Surrey, may take his seat in this House.^

REPORT OF THE EXECUTIVE COUNCIL ON THE IMPRISONMENT OF

PIERRE BEDARD.-

Thursday, ^^^ April 1811.
At the Council Chamber in the Castle of S'. Lewis

Present '

His Excellency General Sir James Henry Craig K.B. Governor in Chief

The Hon^i^ The Chief Justice f

Thomas Dunn
Frangois Baby
John Young
Jenkin Williams &
James Irvine Esq"

His Excellency addressed the Board in the following manner —
Gentlemen,

In calling your attention to the Imprisonment of M'' Bedard, I am desirous of
taking the Opportunity of offering a brief recapitulation! of the several Circum-
stances that have attended it, with a View of leaving upon the proceeding-s of this
Board, a Record of the Motives by which I have been actuated in the transaction. —

It is not necessary that I should advert to the occasion of this Gentlemen's con-
finement, it must be perfectly in your recollection^; and I believe no Circumstance
has since taken place to cast a doubt on the expediency of the Measure. In the
unanimity of the opinions by which it was effected, I felt confirmed in that which I
had already formed, as to the necessity of Steps being immediately adopted, to cheek
the Mischief with which we were threatened, for it must always be kept in view, that
M"" Bedard's detention was a Measure of precaution not of punishment to which he
could be subjected only by a decision of the Laws of his Country. —

Upon this principle, the other persons* who were imprisoned at the same time
with M"" Bedard, having expressed their Conviction of their error, I did not hesitate
to consider their having done so as a sufficient Security for their not reverting to the
same Conduct, and it appearing that the healths of both of them were in danger of
being aifected by their Confinement, I was from that Circumstance the more readily
induced to propose, and you concurred in their being released, upon giving Security
for their forth coming, had it been judged necessary to call upon them.

Upon the same principle I have no doubt you would as readily have agreed with
me in as early a liberation of M"^ Bedard, but having laid before you a Petition
which that Gentleman had presented to me,^ it did not appear to anyo ne of us to be

1. These resolntions were adopted by the House and a Committee was appointed to lay
them before the Governor. For a discussion of the political situation created by this inci-
dent see Craig to Liverpool, March 28th, 1811. The Canadian Archives, Q. 114, page 12.

2. From the Minutes of the Executive Council, State Book G, Lawer-Canada, page 3.

.3. See page 379. note 1, and also the Minutes of the Executive Council for March 19th,
;810, State Book F, Lower Canada, page 140.

4. .lean Thomas Taschereau and Fran9ois Blauchet, both of Quebec were arrested at the
same time as Bedard. On June 23rd, 1810, an order was given for the release of Blanchet
on account of the condition of his health. For the same reason, Taschereaii was released on
July 28th. In each case the prisoners M'ere rerjuired to give surety for their good behaviour
lo the extent of £500. See State Book F, Lower Canada, page 248 and 250.

5. For an account of the negotiations relatino; to the release of Bedard see Craig to
Eyland, September 10, 1810, quoted in Cliristie^s History of the late Province of Loieer Canada,
Volume VI, page 154.

COXSnTLTIONAL DOCUMENTS 423

SESSIONAL PAPER No. 29c

of a nature to hold out the Baiue expectation of his abstaining from the Conduct
against which precaution was held to be necessary. As I did not think it proper to
return any Answer to his Petition, my not doing so produced a sort of communication
between him and M"^ Foy/ to which it does not seem necessary to advert any further,
than as regards the mode in which it concluded. It appearing to me that he was
desirous of knowing what was expected from him, I sent for his Brother a Cure who
I understood was in Town, and in the presence of one of the Members of the Board
now present, I authorized him to acquaint his Brother with the motives that had
induced his Confinement, and that looking only to the Security of His Majesty's
Government, and the Public tranquility, I had no wish that it should continue one
moment beyond what was required by those objects, that the moment he expressed
a sense of his error in what he had done, I should consider that as a sufficient
Security for his not returning to the same dangerous course, and would immediately
propose his enlargement to you. His reply thro' the same Channel was couched in
respectful terms, but declined admitting an error of which he did not feel that he
had been guilty. M'' Bedard having been re-elected into the Provincial Parliament,
it was not difficult to foresee that his imprisonment would become a subject of dis-
cussion when that Assembly met, it therefore became also a subject of serious con-
sideration on my part, the result of which was, a determination to pursue a line of
Conduct, to the particulars of which it is not necessary here to advert, as it would be
only anticipating an Account of them which I shall have occasion shortly to give,
and in which I can only use the veiy words which I should otherwise now employ.

You are all aware of the part taken by the House of Assembly on the occasion,
I had already been furnished with a Copy of the Resolutions- into which they had
entered, and was in the daily expectation of their being presented, when I received
an Application from one of the leading Members, that I would admit him to a Con-
ference ; this was the Elder M' Papineau, Member for Montreal, and the subject was
these very Eesolutions. It would be irrelevant to my present object to refer to our
Conversation, any otherwise than as it drew from me vay final determination, and
the motives on which that determination was founded; which I gave to him in the
following Words, no consideration Sir, shall induce me to consent to the liberation of
M'' Bedard at the instance of the House of Assembly, either as matter of Eight, or of
favor, nor will I now consent to his being enlarged on any terms, during the sitting
of the present Session ; and I will not hesitate to inform you of the motives by which
I have been induced to come to this Resolutioni; I know that the general language
of the Members has encouraged the Idea which universally prevails, that the House
of Assembly will release M"^ Bedard, an Idea so firmly established that it may be said
■ to be universal in the Province; the time is therefore come, when I feel that the
Security, as well as the dignity of the King's Government, imperiously require that
the People should be made to understand the true limits of the rights of the respective
parts of the Governmentt, and that it is not that of the House of Assembly to Rule
the Country.

In rendering this account of my conversation with M'" Papineau, in so far as
relates to the subject in question, I have laid before this Board, the true grounds on
which I have hitherto acted in it, to which I may add, that I have thought it neces-
sary further to abstain from taking any Measures towards the enlargement of M'
Bedard, till the several Members should have reached their respective homes,^ when
it should appear to be impossible by any misrepresentation of theirs, for them to
ascribe it to the interference of the Assembly.

These objects being now perfectly accomplished, and a pretty general tranquility

1. Mr. Lewis Foy held the position of Assistant Secretary to the Governor-in-Chief and
was acting as Chief Secretary during the absence of Mr. Eyland.

2. See page 420.

3. The Assembly was prorogued on March 21st, 1811.

424 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

reigning in the Province, I submit to your consideration, whether the time be not
arrived, at which it is proper to put an End to the Confinement of M'f Bedard.

After deliberation it was unanimously agreed by the Board that M"^ Bedard should
be enlarged, and that the following Warrant^ should be issued for his release. And
also that the Bonds given by Fr^ Blanchet, I. T. Taschereau^ and Charles Lefrangois,
for their appearance at the City of Quebec to answer to the charges for which they
stood confined, and to all and every Information and Indictment which by reason of
the Matters for which they so stood confined or any of them should on the part of
Our Sovereign Lord the King be exhibited against them whenever they should be
called upon & required so to do, and in the mean time to keep the Peace and be of
good behaviour to all His Majesty's liege Subjects should be Cancelled.

OPINION OF THE LAW OFFICEKS OF THE CROWN ON THE RIGHT

OF PRESENTATION TO ROMAN CATHOLIC LIVINGS,

LOWER CANADA.^'

May it please Your Lordship.

We are honored with Your Lordship's Commands of the 16*^ of May 1811 trans-
mitting the Dispatches received from Sir Robert Milnes, Lieutenant Governor, and
Sir James Craig, Governor of the Province of Lower Canada, with their respective
Inclosures, together with several other Documents, in reference to the subjects of
those Dispatches.

And Your Lordship is pleased to request that we would take the same into our
immediate consideration, and report to Your Lordship our opinion upon the points
arising out of them.

First, "whether the Right of Presentation to vacant Roman Catholic Livings,
in the Province of Lower Canada be in the Crown"?

And secondly, " whether the Crown has not the Right of Property in the Estates
of the S*. Sulpicians commonly called the Seminary Estates of Montreal?

In obedience to Your Lordships directions, we have considered the several Papers
submitted to us, and cannot but observe with regret that questions of so much
importance should have been left so long in a state of doubt and uncertainty, and
that for so many years, a sort of possessory Title should seem to have been tolerated,
which if not consistent with the legal right, it may now be difficult from long con-
tinuance to disturb. —

Confining ourselves however to the mere Question of Right, we are of opinion
on the first point, that so much of the Patronage of Roman Catholic Benefices, as was
exercised by the Bishop of Quebec, under the French Government has of Right
devolved to His Majesty.

In forming this opinion, we have endeavoured to trace the nature of that Patron-
age, and it's dependence on the Sovereign Power, to which His Majesty has succeeded
by right of Conquest and by Treaty.

It appears from the Acts and Edicts of the French Government relative to
Canada, that the Patronage of Ctu-es in general was left to the Bishop.

But out of this general condition was excepted by Royal Edict the Patronage of
Founders of Churches (a) and the right of nominating to particular Benefices which
were vested in certain Communities.

Such Patronage may still belong to Individuals, who retain a Capacity to exer-
cise it under the Capitulation and Treaty.

(a) Edict 1667 recited in the Edict of 1669 Vol. 1, Pa 293.

1. For the -narrant see State Book G, Lower Canada, page 10.

2. See page 422, note 4.

3. From the copy in the Canadian Archives, Q. 115, page 176.

CONSTITUTIONAL DOCUMENTS 425

SESSIONAL PAPER No. 29c

We notice the condition of such Benefices, as a distinction arising out of the
general Question, and also as shewing that the Right of Patronage under the French
Government, was dependent in some measure on the Sovereign, and cannot be con-
sidered to have been vested in the Bishop by virtue of Rights or Powers derived
solely from the Pope. If however the Right be supposed to have originated from the
Pope, we think the same consequence would result from the Extinction of the Papal
Authority in a British Province. — For we are of opinion that Rights of this Nature
from whichever source derived, must in Law and of necessity be held to devolve on
His Britannic Majesty, as the legal successor to all Rights of Supremacy as well as
of Sovereignty, when the Papal Authority together with the Episcopal Office became
extinct at the conquest by the Capitulation (a) and Treaty (b) and the Statute 1
Eliz. Cap 1 s. 16. as specially recognized in the Act (c) for the Government of Canada.

We think therefore, that so much of the Patronage of Roman Catholic Benefices
a.s was exercised by the Bishop under the French Government is now vested in His
Majesty.

We have the Honor to be
My Lord,

Your Lordship's most obedient
humble servants

CHK ROBINSON
V. GIBBS
THO^. PLUMER.
Doctors Commons
July Z^, 1811.
The Earl of Liverpool

&c. &c. &c.
Endorsed: Report of the Law Officers
Z\ July 1811

On the assumption of the patronage of the
Romish ChurcK of Quebec &c. &c.
N°. 294.

PROCEEDINGS RELATIVE TO THE RIGHT OF THE LEGISLATIVE

ASSEMBLY OF UPPER CANADA TO COMMIT TO JAIL FOR

BREACH OF PRIVILEGE.^

JOURNALS OF THE LEGISLATIVE COUNCIL.

Monday March 2nd 1812

A Deputation from the House of Assembly being announced, it was admitted
and brought up and delivered at the Bar of this House a Message in the following
words —

"M'. Speaker,"
" We are directed by the House of Assembly, to inform The Honorable Legislative
'' Council, that the House of Assembly have Resolved that The Honorable Thomas
*' Scott,^ Chief Justice of this Province, has been guilty of a Breach of the Privileges
(o) Art. 7. (b) Art. 4. lOG. 3, c. 83,

1. From the copy of the Minutes of the Legislative Council contained in the Minutes of
the Executive Council, March 17th, 1812. State Book F, Upper Canada, page 56.

2. Thomas Scott was born in Scotland in 1746. He was employed by Lord Dorchester
in 1788, in connection with the Jesuits Estates in Que. He was called to the English Bar
in 1793 and in 1801 was appointed Attorney General of Upper-Canada. He became Chief
Justice of the Province in 1804.

426

CANADIAX AUCHIVEH

4 GEORGE v., A. 1914

" of the House of Assembly, by discharging from the Gaol of this District, the Body
" of Robert Niehol, who was Committed by them for a Breach of Privilege.^ And that
" the House of Assembly request the Honorable Legislative Council to proceed in
" that Case as the nature of the Case requires."

(Signed)

'' Commons House of Assembly '
"29*'^ February 1812"

"Sam' Street"

" Speaker "

The Deputation being withdrawn The Speaker" reported the same — The Honor-
able The Chief Justice thought proper to enter into the following Explanation of his
Conduct : —

The Chief Ju^stice is bound by his OfHce to grant Habeas Corpus and to discharge
the Prisoner if the Commitment appears on the Warrant to be illegal.

To enable the Judges to decide on the Legality of a Commitment, it was the Law
of the Land that every Commitment should contain upon the face of it, the Cause.

The High Court of the King and Council having neglected in some Orders of
Commitment to insert the special Cause, and the Judges scrupling to relieve by
Habeas Corpus at Common Law, on account of the High Dignity of the Court in which
the King himself sat in Person ; a Statute was passed in the 16"^ of Car. 1^' whereby
it is Enacted that the Judges shall grant Habeas Corpus in all Commitments by His
Majesty in Council, and if upon the Return it does not appear to be for Just and
Legal Cause they shall (luider heavy Penalties) Bail or Discharge.

Since this Statute it has become part of the Law and usage of Parliament that
all Warrants of Commitment by the House of Commons do specify the Cause and
recite the particular Privilege of Breach whereof the Party has by the Hovise been
adjudged Guilty, and also the specific Order of the House of his Imprisonment.

Without such adjudication and Order by the House the Speaker has no Authority,
and his Authority must be shewn in order to render his Warrant valid.

It appears by Warrants of the Speaker of the House of Commons in England at
Two different periods with an Interval of Forty years, that the Usage of the House
of Commons is conformable to the Exigence of the Statute with respect to the High
Court of the King in Council — These Warrants shew distinctly the particular
Privilege violated — The Juvlgement of the Hou^e upon the Charge — The time
when that adjudication was made — The Order of the House for the specific

1. Robert Nichol was appointed in 1810 a Commissioner for the Application of monies
voted by the Assembly for the repair of highways in the District of London. He received the
monies appropriated too late in the season to apply the total amount and bronght the balance
to York to deposit with the Receiver General. T]ie Receiver General, however, would not
accept the money and Mr. Nichol was compelled to carry it over to the following year. When
the Assembly's Committee came to examine the public accounts no statement was available
regarding the monies expended by Mr. Nichol. Without examination of Mr. Nichol the
Assembly resolved that " the Comrnissioners of Highways for the London District have abused
their office by the misapplication of the Monies committed to their care, and that Three
Hundred Pounds rests in the Hands of Mr. Robert a Commissioner, no part of which appears
to have been applied to Public Uses." These resolutions which were published by Joseph
Willcocks with comments leflecting on the honour of Mr. Nichol seriously effected his credii
as a Merchant and brought forth a reply addressed to William Halton, the Secretary to the
Lieutenant-Governor which contained the following reference to the Assembly: —

" Experience has however convinced me, that no integrity of Heart, nor rectitude of con-
duct, are a defence against malevolence and Detraction, and that actions the luost upright and
disinterested may be misrepresented when Individual Characters are to be sacrificed, and Party
purposes to be gained." (State Book F, Upper Canada, page 52.) This letter which wa«
brought before the House of Assembly was considered a Breach of the Privileges of the House
and the Speaker was ordered to issue a Warrant for the Arrest of Mr. Nichol. Mr. Nichol
was brought before the House and was committed to jail for a breach of privilege on the
warrant of the Speaker. The prisoner then applied to the Chief Justice for a writ of Habeas
Corpus and was released for the reasons here given by Chief Justice Scott.

2. Chief Justice Scott was also Speaker of the Legislative Council

CONSTITUTIONAL DOCUMENTS 427

SESSIONAL PAPER No. 29c

punishment, and the date of that Order. — Whereupon and not otherwise the Speaker
can require the detention of the Offender in Custody of any Gaoler.

This reasonable proceeding shews a Charge, a Trial, an Adjudication, a Sentence,
and an Award of Execution from all which the Court or Judge can decide if it is
Legal or not.

From the Copy of the Eetuni on the "Writ of Habeas Corpus sued out by M'.
ISTichol it does not appear of what nature was the Breach of Privilege Charged, how,
when, or where he had been adjudged Guilty — Or that his Imprisonment was Ordered
by the House.

The Warrant under which W. Nichol was detained^ appeared in all respects as
the Personal Act of M'. Street, under his Seal supposing Authority vested in him
Pei-sonally by the House of Assembly.

Such an Aiithority cannot be delegated— Whatever Powers the House of
Assembly may have to decide upon their own Privileges it must be exercised by the
House itself as a House, and not by their Speaker in his own Person — And as The
Chief Justice had only the Eeturn of the Habeas Corpus before him wherein that
Warrant was inserted, and that Warrant being most materially defective he was
bound to Discharge the Prisoner. No Question therefore respecting Privilege could
arise.

On Motion made and seconded the House resolved itself into a Committee of
the whole House to take the Message of the Commons House of Assembly into Con-
sideration.

House in Committee — M"". M^^Gill in the Chair —

The Speaker resumed the Chair^ —

The Chairman reported that the Committee had taken the said Message into
Consideration and had agreed to some Resolutions therein which they recommend
to the adoption of the House — Ordered that the said Report be accepted, and on
Motion made and seconded, the said Resolutions were Ordered to be Engrossed and
Read as follows — (to wit)

The Resolution of the Commons House of Assembly of the 29'^ Februarj- 1812
brought up to this House by Message being Read —

It is Conjsidered that this House disclaim any right to interfere with the Pro-
ceedings of the Chief Justice in the exercise of his Judicial Functions — ^But The
Honorable the Chief Justice, as Speaker of this House having thought proper to
enter into an Explanation of his Conduct in the matter stated in the aforesaid
Resolutions — It is ordered; That the Explanation so given shall be entered upon
the Journals of this House, and a Copy thereof sent to the Commons House of
Assembly.

Legislative Council Chamber
March 2"^ 1812

1. The followinjj is a copy of the warrant.
Copy.

Samuel Street, Esquire, Speaker of the Honourable Commons, House of Assembly,
To the Sheriff of the Home District, Greeting: —
By Virtue of the Power and Authority in me vested by the Honourable the Commons
House of Assembly, You are hereby Ordered and Required to receive into the Common Gaol
of your District the Body of Eobert Nichol and him safely keep durin^ the Pleasure of this
House, the said Robert Nicliol havinp; been Convicted of a Breach of Privilege of the Com-
mons House of Assembly.

Given under my Hand and Seal at York, this Twenty-sixth day of February, One thou-
sand eight hundred and twelve.

(Signed) SAMUEL STREET, L.S.
Commons House of Assembly, Speaker.

26th February, 1812.

A true copv.
(Signed.) JOHN BEIKIE,
I Sheriff.

428 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

PEOCEEDINGS IN THE HOUSE OF ASSEMBLY EELATIVE TO THE

EXERCISE OF THE POWER OF IMPRISONMENT BY THE

EXECUTIVE COUNCIL, LOWER CANADA.

JOURNALS OP THE HOUSE OF ASSEMBLY.^

Monday, 11th May, 1812.

Mr. Bedard reported, tliat the managers had been at the conference agreed upon
with the Legislative Council, and had received from their managers their reasons for
disagreeing to the amendments made by this House to the Bill intituled, " An Act
further to continue the Acts therein mentioned, for the better preservation of His
Majesty's Government, as by lavp happily established in this Province.^

And he read the said reasons in his place, and afterwards delivered them in at
the Clerk's table, where they were again read.

The said reasons are as followeth, videlicet.

To the first amendment made by the House of Assembly, the Legislative Council
doth agree.

To the third amendment the Legislative Council doth agree, with the following
amendment, videlicet. Press 1, line 16th, leave out the word " May " and in lieu
thereof, insert June; to which amendment the Legislative Council desire the concur-
rence of the Assembly.

To the fourth and sixth amendments, the Legislative Council doth agree.

To the second and fifth amendments, the Legislative Council doth not agree.''

Because, these amendments diminish the security of the subject, by taking the
execution of the Act from the Members of the Executive Council, who are all
responsible for their conduct within the limits of the Province, and amenable to His

1. From the Journals of the House of Assembly of Lower-Canada, 1812, page 568.

Pierre Bedard and his associates of Le Canadien had been imprisoned on a warrant ^f
three members of the Executive Council by virtue of the act for the better preservation of
His Majesty's Government. The Proceedings in Bedard's case brought the House of Assembly
to a realization of the extensive powers which that statute vested in the Executive Council
and accordingly when, inthe session of 1812, the Act appeared for renewal the Assembly pro-
posed radical changes designed to limit the power of the Executive Council. The position
of the Assembly is stated in the following amendment proposed to the bill passed by the Legis-
lative Council :

" Provided always, and be it further enacted by the authority aforesaid, that the disposi-
tions and provisions of the said Act for the better preservation of His Majesty's Government,
as by Law happily established in this Province, shall only have effect in cases of arrests and
imprisonment which tihall be made by virtue of a Warrant signed by the Governor, Lieu-
tenant-Governor, or person administering the Government of this Province for the time
being, and from no other person; and that no Warrant of His Majesty's Executive Council
in this Province, shall be required to authorize the Courts of Justice, or Judges, to admit to
bail the persons so imprisoned by virtue of the Warrant of the Governor, Lieu^tenant-
Governor, or person administering the Government of the Province for the time being, or to
bring them to trial, but that the Warrant of the Governor, Lieutenant-Governor, or person
administering the Government of this Province, shall be required and be sufficient for that
purpose; and whatever in the Acts aforesaid applies to the Warrant of His Majesty's Execu-
tive Council, signed by three Counsellors, shall apply only to the Warrant of the Governor,
Lieutenant-Governor, or person administering the Government of this Province.

Provided always, and be it further enacted by the authority aforesaid. That nothing con-
tained in the said before recited Acts, shall be construed to extend to give power to imprison
or detain any Member of either House of the Provincial Parliament in this Province, by
virtue of and under the authority of the said acts." Journals of the House of Assembly, pa^e
200.

The Legislative Council refused to accept these amendments of the Assembly and a con-
ference was arranged in which the position of the two Houses was stated. The conference
proved ineffective in reaching an agreement and the Act was permitted to expire.

2. See page 215.

3. The amendment quoted above to which the Council took particular exception appears
as the fourth in the list of amendments made by the Assembly.

In the list of amendments contained in the Journals of the Assembly the logical order i«>
not followed. The amendment quoted above, which contained the provisions considered par-
ticularly objectionable by the Legislative Council, appears as number four. The order of
the amendments was evidently changed before they reached the Legislative Council.

CONSTITUTIONAL DOCUMENTS 429

SESSIONAL PAPER No. 29c

Majesty's Provincial Courts of Law in all Civil actions, and placing it entirely in
the hands of the Governor, who is not responsible for his conduct within the limits
of his government, nor amenable to His Majesty's Provincial Courts of Law, in any
Civil action whatever.

Because, these amendments vest the power of accusation, of commitment, and of
trial, and the dispensation of mercy in one and the same hand, contrary to the first
principles of the Constitution, which is that of a limited Monarchy, and in further
diminution of the security of the subject.

Because, these amendments take from His Majesty's Executive Council, the
powers which by the several Acts for the better preservation of His Majesty's Gov-
ernment, have been annually, and exclusively, entrusted to them, from the year 1797,
until this day; no enquiry into their conduct having been instituted, no evidence
whatsoever of the facts upon which that conduct was founded being before the Legis-
lature, and no opportunity or means of defence being afforded them; thereby, in the
opinion of the Legislative Council, implying a censure upon tha Executive Council,
coUectively, for their conduct in the execution of the high trust committed to them
by those Acts, and tending to diminish the confidence of His Majesty's Subjects in
a body of men who are appointed to be the advisers of the Crown by the King him-
self, and who constitute the first Court of Judicature within the Province.

Because, the amendments, in their consequences, are dangerous to His Majesty's
Government, under all circumstances, in a moment of special danger; for if by reason
of any consideration, the Bill when passed should not be executed when its execution
is necessary, that security which it provides for, cannot be attained, while on the
contrary, if it be executed, the odium which invariably attends the execution of such
Acts, will attach exclusively to the King's Representative, to the prejudice of his
constitutional influence in the Government.

Because, as in the Parent State, that which is supposed to be exceptionable in
the conduct of public affairs, cannot be imputed to the King, so in a Colony it ought
not to be imputable to the Governor; such imputations tend equally in both cases,
to destroy the constitutional independence of the Executive Power, and, in the latter,
have a further tendency to bring into disrepute that authority of which the Governor
is the immediate representative, and of which the bulk of the Colonists have no
knowledge but through the medium of his acts.

And because, these amendments go to impute all that may be thought exception-
able in the execution of the BiU to the Governor exclusively, contrary to sound policy,
as they respect the Province, to the interests of the Mother Country as they relate
to the Empire, and to the tenor of the great constitutional maxim, " The King can do
no wrong."

On motion of Mr. Pierre Bedard, seconded by Mr. Mure ;

Resolved, That this House will, to-morrow, take the said reasons into considera-
tion.^

*******

Saturday, 16th May, 1812.

Mr. Viger, from the Committee appointed to prepare reasons to be offered to the
Legislative Council, for which this House doth persist in its amendments to the Bill
sent down by the Legislative Council,, intituled " An Act further to continue, the
Acts therein mentioned for the better preservation of His Majesty's Government as
by Law happily established in this Province ; " reported, that the Committee had
prepared reasons accordingly; which he was directed to submit to the House when-

1. The bill and amendments were again considered by the House of Assembly on May
15th, and a committee appointed to prepare reasons to be offered for persisting in the amend-
ments made to the Councirs bill. The report of this committee is here sfiven.

430 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

ever it should be pleased to receive the same: and he read the Report in his place,
and afterwards delivered it in at the Clerk's Table, where it was again read.

The reasons contained in the said Report, are as followeth, viz.

1st. The Governor is not less responsible than the Executive Counsellors for his
<3onduet towards individuals who might have suffered from the abuse of the authority
with which they are invested by the amendments. It is true the remedy would be
delayed, but it would be more certain. With respect to this Country, the Court of
Appeals,^ which is the last resort in this Province, and the Executive Council, being
one and the same thing, several of the Judges of the Court of King's Bench are at
the same time Members of the Executive Council, although it appears at first view,
to liave an equiponderance therein, in the exercise of the authority witli which the
Council is invested by the Act imder its present form," without the amendments, the
practice of it should be a non-entity, and ought to be previously considered as such
in the public opinion.

2d. The re-union of opposite powers granted by the amendments in the person
of the Governor, is not so strongly marked as it is in the Act without the amend-
ments, even supposing it to be carried, to the extent that the reasons of the Honor-
able Legislative Council appear to decide. But, in the first place, the Governor, by
the amendments, judges merely as the Executive Council, under the Act without the
amendments, of the necessity of imprisoning, for the actual security of the Govern-
ment, an individual accused or suspected. The powers given to the Governor by the
amendments do not extend further. But the Governor will not be found, at least
in the first instance, to sit in Civil Process amongst the number of Judges, upon the
persons who might be imprisoned, as if complaints were made, as has been the ease
in this Country, with many Executive Counsellors, under the Act without the amend-
ments.

Neither the Act or amendments directs the process, it comes under the Common
Law. It is carried on by the Crown Officers, who are charged with the same, it has
nothing to do with the Act or amendments; it is the same with everything else.

On the contrary, under the Act without the amendments, there is, in the persons
who are charged with its execution, a re-union of powers, much more incompatible,
since they are most of them placed at the same time in the Legislative Council.''
and the Members thereof are not numerous, besides, all of them are the sole Members
of the Court of Appeals, and in a great measure, are those who administer Justice
in the Criminal and Civil Courts.*

It is necessary to observe, that in the case where this Province shall be threatened
with invasion on the part of the neighbouring States, the sole desire of preventing
even the possibility of interior danger, and of which the House of Assembly has
nothing to point out the existence, and upon which they have no facts which might
direct or induce them to renew, under a new form, a law ever dangerous in its
principles, and which may become the more so in its effects, if prudence is not
observed, both in the passing and execution thereof.

3d. If the Executive Council has enjoyed, since 1797, the powers invested in
them under the Act without the amendments, it is not a reason they should be
continued, from the moment it was perceived, that the principles of tnat law were
vicious; and this reason is sufficient to justify the House of Assembly, upon general
principles. With respect to practical principles, the events and circumstances did not

1. For the constitution of the Court of Appeals see page 14.

2. See page 215.

3. The text of the Journals of the House of Assembly has been followed here but it is
obviously the Executive Council and not the Legislative Council to which the reference is
intended.

4. The Court of King's Bench of each of the districts of Quebec and Montreal consisted
of a Chief Justiceand three judges. In addition to the two chief justices three of the jxid^^es
of the Court of King's Bench were members of tlie Executive Council.

CONSTITUTIONAL DOCUMENTS 431

SESSIONAL PAPER No. 29c

give the House of Assembly an opportunity, and put them in the situation of making
a mature examination of the inconveniences which the law under its original form,
might occasion. An inquiry cannot be necessary, upon facts of pviblie notoriety. It
is sufficient, upon a measure of public utility and security, to have a general knowl-
edge of facts, and an examination of the general effects which the events have pro-
duced, and which have given rise to claims or complaints, to enable the House of
Assembly to decide upon the question of experience : It is for the House of Assembly
to judge, whether these general effects, in their connexion with the existence of a
law, have answered the views of the Legislature, as they have a right to judge of the
principles which form the basis of the law itself.

Because, in the mother Country, what is conceived reproachable in the conduct
of public affairs, cannot be attributed to the King, because it would tend to destroy that
Constitutional Independence of the Crown, necessary to the balance of power in her
free and liberal Constitution, it does not follow, that these principles are equalb'
applicable, and they ought not to be so to Governors of Colonies. The inviolability
guaranteed to the King should belong to him, because the Constitution, for the pre-
servation of tranquility and the public good, not having made him personally res-
ponsible for his conduct, it seems, therefore, the Law will presume no wrong where
it has provided no remedy. From that, it may be inferred, that a Governor may be
accused before his superiors, that he is not vested with the same inviolable power
as the King, to whom he is always responsible. — The responsibility under which per-
sons are held, to whom the Sovereign delegates the exercise of a part of his authority,
does not destroy the independence of the Crown, according to that great Constitu-
tional Maxim, the King can do no wrong, is true and salutary, applied to him alone,
as it would be false and dangerous if applied to his servants, however elevated their
stations may be.

The House, in vesting solely in the Governor the execution of the Act in ques-
tion, and in giving him a proof of the opinion they entertain, that he will exercis©
with prudence, the powers vested in him, if it should become necessary to vise the
same, which, after all, only tends to admit the principle, that the Imperial Parliament
has given, when it invested the Lord Lieutenant of Ireland as full authority as the
present Act gives the Governor of this Province; the House therefore conceives they
can persist in their amendments, without affecting the principles of the Constitution.

It is true, that the loyalty of the Inhabitants of this country, and their submission
to the laws, render unnecessary such strong and coercive measures as those adopted
in Ireland: also the House, in confiding the execution of the Act to the Governor
alone, conceives they have provided, as far as is necessary, for the security of the
Government, and at the same time it lessens the fears which the public would have,
if they saw so extensi'^o. an authority left to individuals whom t»hey would find in
all the tribunals of th^ j^rovince, and with which individuals a thousand daily occur-
rences may connect them, or place them at a distance more frequently than it would
happen with the Governor.^

1. The reasons here reported received the assent of the House and were accordingly
adopted.

432 CANADIAN ARCEIYE8

4 GEORGE v., A. 1914

OPINION OF CHIEF JUSTICE MONK ON THE DECLARA-
TION OF MAETIAL LAW.^

Martial Law.

Question :

Can Martial Law be declared in so qualified, or modified a
manner, as to operate only upon such part of His Majesty's Subjects,
as are necessarily called upon to take arms; or may be acting
offensively against the public safety? Or will it be indispensably
requisite, in the declaration of Martial Law, expressly to close all
His Majestys ordinary Courts of Justice; And reduce the whole
civil Government to a Military Law; and Military Courts, or
Courts Martial, for adjudging upon Crimes and Offences of every
degree: And also of Civil rights, where special Circumstances may
permit such ©niquiry & determination?

Answer.

It will be proper to offer the legal reasons, which have induced
the answer to the above questions. And in this, previously to con-
sider. What is Martial Law. By what authority created. And when
it may be legally exercised. As, from that view of the subject, it
will be concluded; that under the existing Circumstances of the
Province of Lower Canada, Martial Law, in the Un-qualified sense
above stated, cannot constitutionally be proclaimed ; And the Kings
Courts thereby shut, against every dispensation of Justice by the
established course of administering the Civil or Criminal Law.
And that, a Conistitutional and legal exercise of Martial Law,
should only operate in a qualified degree.

Martial Law may be considered as an exercise of the Royal pre-
rogative, over the Subjects, for their safety and protection, and the
support of the Monarchy. It is, enforcing upon the subjects gener-
ally, a rule of Conduct, to govern those arrayed, for Military duties.
This prerogative so exercised made part of the Monarchs neces-
sary rights, at a period when Constitutional Laws, by the English
Parliament, for the government of the Militia of the Kingdom,
were inadequate to produce a sufficient and effective array, and
discipline of the National force, in times of war, that menaced oi
arrested the existance of social order.

It may be viewed as a part of the Royal prerogatives, arising
with the Military Tenures of the Kingdom. But which, hath fell
into disuse, with the abolition of those Tenures. And the Parlia-
mentary establishment of rules and orders for the discipline &
Government of the regular Forces, and Militia of the Kingdom,
may be considered to have superceded the exercise of the ancienit

vi. Hales. Hist. prerogative in that respect. . . —

of Com. Law. p. ^^ those Ancient periods when the exercise of this prerogative

was enforced ; the King, with the assistance of His Constable, and

Marshal, digested and enforced. Rules and orders for the due

order and discipline of Officers and Soldiers, with penalties on

Offenders. And this was considered, the Martial Law ; made known

1. From the original in the Monk Papers, Canadian Archives. See
pan;e 118, note 2.

CONSTITUTIONAL DOCUMENTS 433

SESSIONAL PAPER No. 29c

by the Eoj'al Proclamation. But these rules and orders were
extended Only to matters of Arms, and matters of War.

It was considered that the necessity of Government order and j Black. 6 12.
discipline in An Army, was the Only ground upon which the right
stood. And it may be proper to state, in the words of a Great Law
writer upon the subject, whose legal opinion has been followed by
others, equally eminent. L^. Hales Hiet.

That " this indulged Law [for it was considered in reality, not 9'^ BLa^v'^^^^'i? ' ^^"
" a Law, but something indulged, rathar than allowed as a Law]
" was only to extend to members of the Army, or to those of the
" Opposite army, and never was so much indulged, as intended to
"be executed, or exercised upon others; for, others who were not
"listed under the army, had no colour of reason to be bound by
" Militai-y Constitutions, applicable only to the army whereof they
"were not parts; hut they, were to he ordered and governed
" according to the Laws to which they were suhject, though it were
" a time of War."

Having stated what Martial Law is held to be, and how exer-
cised. It only remains to consider the Time, and Circumstances,
under which it anciently, could be enforced. And being a law of
necessity gi'owing out of a state of imminent danger to the Mon- i jji. s 12
archy, and the subjects, from hostile impressions by declared
enemies, or internal convulsions of the State it could only be pro-
mulgated and enforced when such Circumstances should arise, to
impel the declaration.

These Circumstances appear to be such a state of War upon the
Country, as necessarily must prevent the subjects from any other
attention than that, of self defence, by Arms, under Military array.

And this principle in respect to foreign enemies, appears equally
applicable, when the state is convulsed, by internal causes, pro-
ceeding to insurrection, and Open Rebellion. —

The necessity and Justice of declaring Martial Law must rest
with the power in which the Constitution has placed the right.

The power delegated by His Majestys Letters Patent to the
Governor is,

" To declare Martial Law, in time of invasion, or at other times,
when by Law it may be executed.'"

If Martial Law be restricted in its Operation to the subjects
under Military duties, for defence of the Monarchy and the Kings
subjects; in what respect can it be considered as necessarily shut-
ting the ordinary Courts of Justice, where under existing Circum-
stances in any part of the Colony, they can openly and freely per-
form the functions for which they have been established?

And if Martial Law be declared can it legally operate upon any
other part of the Kings Subjects than such as by express statutes,
have been subjected to that Law ? V 1 P Sf t 'Ji

Can it be supposed, that by a declaration of Martial Law, the Geo.'s, ch. 4 S,
several provincial statutes expressly made, in the contemplation of l^- 1'^-
governing the Subjects, by military order and discipline; "for 5I; §^; ^g/'Jh ^^
" Security of the Province, at the periods of War, invasion, or
" imminent danger thereof, insurrection or other pressing exigen-
"cies" should be thereby repealed?

1. See page 9
29c— 2'8

434 CANAD/AX ARCHIVES

4 GEORGE v., A. 1914

vi. S 27. of 34 Geo. Will it be considered that the Governor by such a declaration

S 31 of 36 G 3 °^ Martial Law, may legally hold the above statutes as repealed?
ch. 11. And that he has a right under the Kings prerogative, to establish

other rules and orders, other " articles of War " for discipline and
Government of the subjects arrayed, imder those Laws? or wholly
to disregard those Laws, as ineffectual^ and by other compulsory
means, to array and discipline the Kings subjects, in a manner
that may be considered more adequate to the purposes of defence
and secure Government?

These important questions force themselves upon the mind that
contemplates, in a Military point of view, the legal effects of pro-
claiming the Law Martial over the Province.

It appears to be of serious moment, deliberately to weigh the
effects, likely to be produced, by an exercise of this part of
His Majestys prerogative, delegated to the Governor of the Colony:
That Constitutional and legal principles should support the right
declared, & Enforce obedience to the End to which it may be
directed.

If it be made a question [as appears to be involved in that of
Un-qualified Martial Law] whether the Governor has not a right
to exercise His Majestys full prerogative, and suspend every Civil
Commission and authority in the Kings Government, at a period
when the exigencies of the state may require. I am unprepared to
say how far His Majestys Instructions may have controuled or
restrained him in this respect.

But even supposing they have not. Yet I cannot consider it a
legal and indispensable Consequence, that a declaration of Martial
Law must necessarily induce, an express exercise of the highest
powers of the prerogative — by suspending the whole civil func-
tions of the Kings Government, and the Rights of His Majestys
Subjects under the established Laws, at a time, or in a place, where
such rights can be preserved by the usual administration of Justice.

And I consider that this Law when Simply so declared, would
oi)erate on every subject, and in every part of the Province where
legally it could, and no further. That this operation would be
limited to Subjects who were called to Military service and duties.
" To matters of Arm&, and matters of War." That in a legal sense
it is a law of necessity, but a law modified, or qualified. And if
necessary to be declared, should be suffered to produce the effects
which, should alone attend, a Simple declaration of the Law Martial.
But by no means, to superinduce what may not be indispensably
necessary; Namely, an exercise of the prerogative that expressly
and in Terms, should shut His Majestys Courts of Law; where the
Circumstances of the Colony from actual invasion, and war, do not
unavoidably produce that Consequence.

J. MONK.
:\rontreal July 8. 1812.

CONSTITUTIONAL DOCUMENTS 435

SESSIONAL PAPER No. 29c

PROCLAMATION DECLARING LIMITED MARTIAL LAW, UPPER

CANADA.^

By Major General Francis De Rottenburg, Commanding his Majestys Forces en
THE Province of Upper Canada —

A PROCLAMATION—

Whereas it is necessary for the public Safety that the most efficacious means
should be used for supplying the Port of Prescott with Provisions; and Wliereas it
has been represented to me by the officer commanding that Port that though the
Johnstown and eastern Districts abound with every Article of Provisions and forage,
there is great Reluctance on the part of the Inhabitants thereof in furnishing the
necessary Supplies. I do hereby declare that as far as relates to procuring Provisions
and forage Martial Law shall be in Force throughout the said Johnstown and eastern
Districts, and the same is hereby declared to be in force and acted upon accordingly.

Given under my Hand and Seal, at District Head Quarters; at Kingston, this
22 November 1813— (Signed)

FRANCIS DE ROTTENBURG
Major General Commanding.

RESOLUTION OF THE HOUSE OF ASSEMBLY, UPPER CANADA,
REGARDING MARTIAL LAW.^

House of Assembly^

Upper Canada 19^^ February 1814

Resolved. That tlie Proclamation issued by Major General De Rottenburg as
the officer commanding his Majesty's forces in this Province, dated " District Head
Quarters the 22*^ day of November last at Kingston declaring Martial Law to be in
force throughout the Johnstown and Eastern Districts so far as relates to the pro-
curing of Provisions and Forage was and is arbitrary & unconstitutional, and con-
trary to and subversive of the established Laws of the Land " —

1. From a contemporarY copy in the Powell Papers in the Canadian Archives.

Other proclamations of a similar character were issued in various districts of the prov-
ince as necessity arose. In September, 1813, a proclamation was issued by Major General
Procter to the following effect-
Headquarters, Sandwich, 13th September, 1813.
His Excellency Sir George Prevost. Governor-in-Chief, having autliorizp<l the officer com-
manding the troops in the Upper Province to execute Martial Law in such district or part
thereof in which it may be found advisable to resort to that measure. I do hereby by virtue
of the authority above meniioned proclaim and direct that the same shall immediately take
effect as far as supplying the wants of the. troops under my command or the sending away or
apprehending all traitoious or disaffected persons may render expedient.

Henry Procter,
Major-General, Com'g the Eight Division.

2. From a contemporary copy in the Powell Papers in the Canadian Archives.

A memorandum addressed to Major General de Rottenburg in the handwriting of the
Hon. William Dumnier Powell and signed " A Lover of .Justice " contains the following refer-
ence to this resolution. "Having heard that a vote of censure on the subject of your pro-
clamation, regarding the supply of Provisions, in the .Johnstown and Eastern Districts, had
passed the House of Assembly, I thought it might be advisable for you to notice it, and
took the liberty to desire Mr. Levins Sherwood, the mover, to obtain permission of the House
to transmit to you an official copy of the Resolution. This decency was rejected and I now
enclose a true but unofficial Copy, received from Mr. Boyers, who promises that if the next
motion to address the Prince Regent on the subject should be carried, he will solicit from
the House such a notification to you as may enable you to meet it."

The Journal of the House of Assembly for February 19, ISl-t, copied in 1856 from the
original in London does not contain any reference to de Rottenburg's proclamation.
29c— 2'8i

OANADIAN ARCHIYES
436

4 GEORGE v., A. 1914

DEUMMOND TO BATHURST.^

Kingston, Upper Canada,
N° 6. 5th April 1814.

^^^ rr'^' .vr^vnl in this Province, Martial Law so far as related to the procur-

Upon my arrivaJ m *^^%;1^°^''''^^^^ ^f Kingston and Prescott, was in force

inff of provisions and forage lor the i^arrisons oi -iviugo ^u-^i, M«inr Gen-

xnnch discontent, and thinking as the winter ^^^^^3^^^, ^^^^.^f ^^^^j^^^'i^ generally
are rendered practicable, and which is the season when t^e produ^ is g .

brought to market, that the necessity of enforcmg it would cease to ex s ,

five thousand Rations takes place but '^^'^^^^^'^f]^^^^^^^^^^
in Operation throughout the Province, the Officer ^\ ^^^^^^^^^^ necessaT supplies
having strongly urged its absolute necessity, as otherwise the necessary sipp
could not on any terms be obtained ^^ ^^^^

have directed the Magistrates of each District m full Assembly, to n^ p
^'X^^t^::Z^":^:^^ -te of censure simnar to that pass^
on Major General de Rottenburg, will, in the next Session be V^^^^\}^^'l^^XlZ
havinrresorted to a measure without which the T-ops could not poss^^^^^^^
subsisted, and in which I had the full concurrence of His ^^-^.f^^^^^^^^^^
General I have to request Your Lordship will aiford me the ^^*^^^^^*^°^^^ ^.^^^^^7'°:
whSr the Charge by the House of Assembly, of the Act ^-^^^^^^^^^^^^^^^^^^^^
be substantiated, or if on the contrary in continuing to ^^^^.Y^ J,\ ?^^^^^^^^
necessity exist,* I shall receive the sanction and support of His Majesty s minister?

I have the honor to be.
The E. Honble My ^ori ^^^^ ^^^^^^,^

Earl Bathurst, g ^^^.^^^ ^^^^^ Servant.

&c. &c. &c. „ ,

GORDON DRUMMOND.'

President.

I

1. From the copy in tjie Canadian Archives Q. 318^ ^November 22, 1813, was revoked by

2. Major-General de Rottenburg's proclamation of JNovemoei ^-,
General Driimmond on January 25, 1814.

8. See page 435, note 2-

4. Lord Bathurst's reply, see page 44.1. ^ . ^^g^ appointed

5. Sir Gordon Drummond (1772-1854) entered the ^^^yfj^^l ^^",,.3? in the Netherlands,
Lieutenant-Colonel of the 8th Regiment. With ^Ij^^^ J^S^^^^fgol and in May of the following
the West Indies and in Egypt. He returned to Eng and ^^^"f^^^^^^^^^^^J^^ ^as appointed

f:YheXrfn^gaifad:r/af ^A^^i^^^oi il warVith the United States wa.

CONSTITUTIONAL DOCUMENTS 437

SESSIONAL PAPER No. 29c

OPINIONS or JOHN B. ROBINSON IN THE CASE OF EMPEY VS.

DOYLE.^

Robinson to Loring.

Ancaster June 2''^ 1814
Sir!

I have the honor to acknowledge the receipt of your letter respecting the suit
commenced against M"^ Doyle, Clerk in the Commissariat^ — It did not come vei^
expeditiously and required not a little consideration to answer — Nothing, I think,
can be clearer than that M"" Doyle should not eventually suffer by an Act so author-
ised as his is stated to be — But in what manner his acts are to be defended requires
to be thought of with deliberation —

It was certainly ill-judged in Gen^ De Rottenburg to issue his proclamation^ in
his civil character of President, because in that capacity he possessed no right, or
power which could give it sanction — But had the measure been even as consistent
as possible, and had the proclamation appeared as the Act of the Commander of the
forces, the case would not be substantially changed — for that it must have been uncon-
stitutional, however salutary, or necessary is a plain assertion that admits not of
argument — It follows, therefore, that the proclamation can be no legal justification
to M'' Doyle, and should the Government order the Crown Officers openly to defend
the suit against him, or take an ostensible interest in it, it will be reducing itself to
an awkward dilemma, avowedly espousing what it has no right to enforce, and
endeavouring to protect where it has not the power —

Courts of Law have no discretion in taking or refusing to take cognizance of
matters brought before them — while they are open, they must act by known rules, and
with the operation of these, nothing less than the Legislature can interfere — The

second in command to Sir George Prevost. He assumed the Government of Upper Canada
in succession to the Baron de Rottenburg in December, 1813, and was in command of the
British troops during the campaign of 1814 in the Niagara district. He was appointed
Governor-in-Chief of Upper and Lower Canada in December, 1814, and took the oath as
administrator of the Government of Lower Canada, April 4, 1815. Soon afterwards he asked
to be relieved of his command though he was not permitted to retire until May, 1816, when
he was succeeded as administrator by Major General John Wilson.

1. From the originals in the Canadian Archives, Sundry Papers of Upper Canada.

John Beverley Robinson (1791-1863), son of Christopher Robinson, was born at Berthier,
Quebec. He was educated at Dr. Strachan's school at Kingston and in 1807 began the study of
law in the office of D'Arcy Boulton, Solicitor General of Upper Canada. He served in the
Niagara campaign of 1812 as lieutenant in the 3rd regiment of York Militia and was under
fire at the battle of Queenston Heights. The death of Lieutenant-Colonel Macdonnell, the
Attorney General of the Province, at Queenston and the imprisonment of Mr. Boulton at
Verdun in France, left the Government without the services of its regular law officers.
Robinson was appointed acting Attorney General and served as sole law officer of the Crown
during the remaining period of the war Mr. Boulton, who was released, on the restoration
of peace, was promoted to the office of Attorney General while Robinson succeeded in Feb-
ruary, 1816, as Solicitor General. In 1818, on Boulton's appointment to the Bench, Robinson
became Attorney General of the Province. He represented York in the Assembly from 1821
to 1829 and was recognized as the leader of the Government party. In 1829, he succeeded Sir
William Campbell as Chief Justice of the Province and was at the same time appointed to
the Executive and Legislative Councils. He acted as president of the Executive Council
until 1832 and as speaker of the Legislative Council until 1838. On the union of the provinces
iudicial officers were separated entirely from political appointments and the activity of the
Chief Justice was confined more particularly to the work of the Court of Queen's Bench. FTo
was made a C.B. in 1850 and four years later created a baronet of the United Kingdom. On
his retirement from the Court of Queen's Bench in 1862, he was appointed to the less arduous
post of President of the Court of Error and Appeal, a position which he retained until the
time of his death.

2. Edward Doyle was in charge of the commissariat at Cornwall when the American
army approached that post late in the year 1813. On account of the scarcity of flour, Doyle
took advantage of Major General de Rottenburg's proclamation of November 22 " by sending
Parties to the Farm houses in the neighbourhood to thresh the wheat found in their Barns
and sending it to the Mills to be manufactured into Flour for the use of His Majesty's
Troops." (The Canadian Archives, chap. 118, page 98.) An action for trespass was brought
against him by .Tacob Empey and Doyle appealed to the Government to conduct his defence.

3. Set page 435.

438 • CANADIAN ARCHIVES

4 GEORGE v., A. 1914

authority under wliicli M"" Doyle in his subordinate situation did the Act com-
plained of, and the urgent necessity of that Act which must be evident to all the
people of the District where the cause is to be tried should go much in mitigation of
damages, but cannot do more — they cannot legalize the Act even in him —

I consider this suit as of great importance in a political view — Men discon-
jtented, and malignant like M"" Empey, and MT Sherwood^ may be found in many
parts of this Province, and this Action may be followed by many others as well for
Acts committed under General De Kottenburg's administration, as for those now
daily, and necessarily resorted to" — If therefore by any silent arrangement between
M"" Empey, and M' Doyle, the matter can be compromised, and the question left at
rest, I think it desirable to be done — otherwise M'" Doyle should be instructed to make
the best defence he can to the Action, and to employ both for conducting his suit,
and managing his defence at the trial the best counsel he can procure, and if at last
he fails he should at all events be relieved from the judgment, and costs — But by
no means would I recommend that his defence should be made the cause of Govern-
ment, and I think the reasons will appear obvious to His Honor the President — I
believe cases are not unfrequent in En^giand where the Admiralty in this manner
indemnify naval Officers against Acts illegally committed but necessary for the ser-
vice, without attempting to defend them as Acts done under public authority —

It is necessary that M'^ Doyle should receive instructions from you to make his
defence without delay, by applying to some Attorney of the District to enter his
appearance and put in his plea, or if His Honor thinks it nevertheless proper to order
me to undertake his defence — I would require to have immediate notice of such
intention, that no advantage may be taken by the other party —

I have the honor to be
R. R. Loring Esquire Sir!

Sec^ to His Honor the President Your Most Ob*^ Servant

' '■ . ^^ ^^ ^° JNO B ROBINSON

■ - ., Acts Atty Gen'

_^ ■>;.,, . ■ " Robinson to Loring.

York June 28"' 1814—
Sir!

I had the honor of receiving your last communication respecting the action of
trespass against E. Doyle-, in which were some remarks of the Commissai-y General
on that subject —

Tho' I have no opportunity of referring- to a Lieutenant Governors Commission
of this Province I doubt not that such a clause is inserted. I suppose, of course it
m^ist be."

Upon this subject I deliver my sentiments with diffidence. It is a great constitu-
tional question and to determine it recourse must be had to the first principles of our
Government.

1. Levius P. Sherwood (1777-1850) was acting as counsel for Mr. Enapey. He was called
to the bar in 1803 and was returned to the sixth parliament in 1812 for the county of Leeds.
On his motion, the Assembly in 1814 passed the resolution of censure on Major General de
Eottenburg for his proclamation introducing material law. (See page 435, note 2). He did
not have a seat in the seventh parliament but was again returned for Leeds in 1820 and was
elected Speaker of the House of Assembly. He was appointed a iudge of the Court of King's
Bench in 1825. At the time of the readjustments in the Executive Council of Upper Canada
in anticipation of the union, Judge Sherwood retired from the bench in order to permit of
the promotion of C. A. Hagerman. He was appointed to the Legislative Council of the united
provinces in 1841 and became its first speaker.

2. Other actions of a similai; character were instituted. See Robinson's report of Nov-
ember 21st, 1814, page 439.

3. The commission of the Lieutenant-Governor authorized him " to exercise and perforna
all and singulaT the powers and directions contained in Our Commission to Our said Captain
General and Governor-in-Chief." See Simcoe's commission, page 55, on the coinmission of
Lord Dorchester, page 9. >

CONSTITUTIONAL DOCUMENTS 439

SESSIONAL PAPER No. 29c

But I tliink the existence of such a clause in the King's Commission to his L*
Governor, can make no difference in the present question — The meaning of it, as
it appears to me, is to authorise, or perhaps more properly to direct the L* Governor
of this colony in times of great emergency to supersede the civil law — upon grounds
of public safety — and this authority is his justification to his Government for adopt-
ing the measure. But it cannot legally indemnify him, or those acting under him —
for, really, the King is but one branch of the Legislature, and cannot dispense w^ith
the law of the land. This conviction induces me to say that the Proclamation how-
ever issued (wanting the authority of parliament) is no legal justification, tho' an
equitable defence — that it cannot be pleaded in bar to the action tho' it may be urged
in mitigation of damages.

However it is, indeed, rather an argument about words — I can only appear as
M^ Doyle's Attorney in a civil case — I have the same right to defend him as any
body else has, and whether the Giovernment pays for the defence, or M"" Doyle is an
arrangement, known to nobody, and at all events totally immaterial —

The letter formerly enclosed by me to you for M"^ Doyle will answer the pur-
pose at present

I have the honor to be
Sir!

Your most Obed*^
humble Servant

JNO B ROBINSON
To/ Act". AW Gen'

Cap* Loring

Civil Sec^ to His Honor
The President —
Endorsed : —

28 June 1814
Acts AW General's
opinion on the case of
M' Doyle.—

Robinson to McMahon.

York Nov^ 21^' 1814.
Sir/

You may recollect that, in answer to a letter from me on the subject of the Alien
Act, you mentioned that measures were taken which promised to be more successful
than those first adopted in procuring returns of the persons liable to forfeitures under
that Act — I proposed in my letter that, if His Honor would authorize it, I would
immediately issue Commissions for such persons as had come officially within my
knowledge —

This part of my letter you omitted to answer — perhaps it escaped you — however
no further delay need, I think have place respecting such i>ersons, and His Honor,
I presume will sanction the proceeding immediately.

The short stay of His Honor here did not afford me an opportunity of engaging
his attention to a matter which I think of veiy considerable importance, and which
I hinted at in a letter before your departure from the Niagara frontier —

You then requested I would, when it was convenient write you on the subject,
as it was probable I might not see His Honor on his way to Kingston — I will now
do so.

The result of the several actions I was instructed to defend I have briefly
reported to you,'^ except, I believe, that of Empey ag* Doyle. In that case a

1. Robinson's rei)0Tt8 on these cases have not yet been found among the papers in the
Canadian Archives.

440 CANADIAN AROniVES

4 GEORGE v., A. 1914

Demurrer lias been filed to my Special Plea of Justification under Gen^ De Rotten-
burgh's proclamation, and in arguing that demurrer, the very important question of
the legality of that Proclamation, and whether it can justify, and protect the Agents
under it will have to be discussed, and decided, (next term).

At the trial I made no defence, lying by to take advantage of an omission on the
part of the Plaintiff which at all events will entitle me to a new trial — I knew that
a year's delay was much wished, and had I entered on my defence I must have waived
the objection which will now procure that delay.

Bue whatever may be the result, ultimately, of this action,^ and altho' I have
certainly been most fortunate in warding off hitherto several vexatious attacks of
that nature, the same success is not always to be looked for, and it is most important
that some general remedy should be provided to prevent future anxiety, and indeed
to protect the Government from the constant embarrassment of perplexing law-suits,
and from a certain and not inconsiderable expence in defending their agents, and
themselves.

This remedy can be derived only from an act of Parliament, which our Provin-
cial Legislature, I fear, would not be found sufficiently liberal to give. It therefore
strikes me, and I have thought long, and seriously upon it, that recourse should be
had without delay to the Parliament at home — and a bill may, probably be procured
during the next Session which will answer this valuable purpose.

The Bill, or a skeleton of it should be drawn up here" — the purport of it should
be that in any action now pending, or hereafter to be brought in this Province, on
producing a certificate under the seal of the Governor that the act complained of
was necessary for the public service, in defence of the Country, and on proof that
reasonable amends have been tendered such Action shall upon application to the
Court of King's Bench of this Province be stayed.

I merely suggest very imperfectly the object — many provisions are necessary —
I have in my ovsra mind descended more to particulars, and think a bill might be pre-
pared to meet the exigence in every point —

On this subject I wished to have spoken to His Honor with more particularity
than I can well do in this manner — However the arrival of the Attorney General
(M"^ Boulton) will render this, and the matter first mentioned in my letter, more
properly his care, and I hope some good may grow out of the suggestion I have taken
the liberty to make, for at present the situation of Government, and those who are
to defend it's necessary deviations from the rigid letter of the law is not a little
awkward, and vmpleasant.

His Honor will most probably deem it proper to submit this matter to His
Council whose advice may best direct on a subject so important —

I have troubled you with what occurred to me, and His Honor will give it what
consideration it may seem to merit.

I have the honor to be
Sir
To Your most Obed*

Edw'^ M^Mahon Esq'') Humble Servant

Acte Secy J JNO. B ROBINSON

Acts Atty Gen^
Endorsed:— 21 Nov'' 1814

Letter.

From J. B. Robinson Esq
A Atty General.

1. The case was brought to trial and a verdict and costs for damages awarded to Empey
for the_ sum of £112, 10s. Robinson in May, 1815, recommended tliat the total amount, £14*?
6s. 4d. should be paid by the Commissary at Cornwall.

2. There is no record of this bill having been prepared

CONSTITUTIONAL DOCUMENTS 441

SESSIONAL PAPER No. 29c

BATHURST TO DEUMMOND.^

N* 12. Downing Street 23^ Aug* 1814

Sir,

Your several Dispatches to !N° 16. of the 9*^^ of June inclusive have been received
and laid before The Prince Regent.

The most material point to which you advert is the Resolution^ passed by the
House of Assembly, declaring the measure resorted to by Major Gen^ de Rottenburg
of enforcing ]\Iartial Law so far as related to the procuring of Provisions and Forage
for the use of His Majesty's Troops, to be unconstitutional: and the proceedings
which you had reason to apprehend would be instituted, in consequence of your
having found it necessary also to adopt similar measures.

The authority delegated by His Majesty to his representative upon this point,
is so full and conclusive that I am at a loss to understand upon what grounds the
Assembly have thought fit to question the exercise of it under the actual circum-
stances of the Province. If however any well founded doubt had existed, the neces-
sity of the Case was certainly sufficiently urgent to warrant such a degree of responsi-
bility on the part of the acting Governor, and I can have no hesitation in removing
any apprehension you may have entertained with respect to the support which under
such circumstances will be afforded to you by His Majesty's Government.

In the event therefore of Prosecutions being entered against the Officers or
Agents employed in carrying into execution the Orders you had found it expedient
to issue; and the result of the trials proving as you apprehended, unfavoiurable to the
Individuals against whom the Suits may be brought; in all cases where the Verdict
shall be found in any degree proportionate to the loss or damage sustained. His
Majesty's Government are fully disposed to make good the same, according to the
just and liberal principle which you have so properly laid down in the directions you
have given to the Magistrates in each District, to fix a fair price to be paid upon all
articles discovered.* In any case however where the warmth of popular feeling may
lead to a Verdict to such an extent as Avill admit of Appeal, it will be proper to refer
it to the decision of a higher tribunal.

I am.
Sir

Major General Drummond
&c. &c. &c.

Your most obedient
Humble Servant.

BATHURST

OPINION OF JUSTICE POWELL ON THE DECLARATION OF MARTIAL

LAW.4

Lt.-Gov. Gore : —

You will judge, my dear Sir, of the unpleasant predicament in which the judges
are placed by this order of things. Would it not be possible through some channel

1. From the original in the Canadian Archives, G. 57, pajje 70.

2. See pa^e 4.35.
8. Se-^ page 436.

4. From the original manuscript in the Powell Papers. This document is represented
bj Lient.-Colonel E. Cruikshank in Part IV. of the Documentary History of the Campaigns
upon the Niagara Frontier, page 227. la. William Dummer Powell (1755-1834) was born in
Boston and educated in Enprland and on the continent He returned to America in 1772,
spending three summers in Canada and reading law during the winters with the Attorney
General of Massachusetts. On the outbreak of war he went to England and continued his
study of law. Without being called to the bar he came to Canada in 1779 and in August of

442 CAXADIAX ARCHIVES

4 GEORGE v., A. 1914

less formal than the President to procure the opinion of the Crown Lawyers in Eng-
land on this point? It seems to me that Mr. Gordon^ might suggest an appeal
from the office on the correspendence already had with the Secretary of State. The
laws of England are in full force in this Province under the operation of the 31
Geo. 3d.

The Grand Charter, the Bill of Rights, the Habeas Corpus, are considered to
have the same weight here as in England.

The English Lawyers hold commissions to execute Martial Law independent of
the Mutiny Act to be illegal since the Bill of Rights, even to the Government of an
armed force, unless perhaps in so great a state of anarchy as to impede the ordinary
course of justice universally. The limited operation of Martial Law granted by a
late statute in Ireland whilst the Courts of Common Law were open is affected by the
statute itself to be considered to be a relaxation of the prerogative to execute Martial
Law in times of rebellion and invasion, and the act contains a saving clause for that
prerogative here. Yet the extent of it is undefined. Does it extend to substitute the
will of the General in the absence of other justice in all cases in respect of all subjects,
or is it limited to the armed force and its followers, and as substitute for penal law
only? Perhaps it may conduce to sound judgment on the eifect of this clause in the
Governor's Commission^ to know that by the Provincial Law every man from 16 to
60 is a soldier, not excepting legislative councillors, judges, or the magistrates, and
in case of invasion are liable to be called out and subjected to Martial Law. In such
a state of things, all magistrates and ministers of the law and ordinary administra-
tors of justice, being subordinate to military command, that property and persons
not immediatelj' connected with the armed force must be kept in a state of anarchy,
without resort to any justice, unless the Government by his dictatorial power can
constitute councils of military affairs or courts martial to hear complaints and afford
remedy, either by advice to him or by themselves as commissioners. It is obvious
that such was assumed to be the effect of proclaiming Martial Law the only time it
had been heretofore executed in Canada, as Sir Guy Carleton, immediately after pro-
claiming Martial Law on the invasion by the rebels in 1.775,^ supplied in his own
person as Governor the functions of magistrate and issued his own warrant for the
apprehension of a person charged with suspicion of High Treason, which he could
only have done in contemplation of all other civil authority being suspended by the
operation of Martial Law as well in regard of persons not in arms as those engaged in
arms, for the government of whom only by fair construction of the clause in the
commission he was authorized to execute Martial Law.

The Proclamation of Martial Law for limited and specific purposes, as by Major-
Genl De Rottenburg's proclamation,* being erroneously supposed by the Secretary
of State to have been issued as President, is declared by Earl Bathurst as a power
indubitably sanctioned by the King's Commission.^ The Judges cannot bring them-

that year was licensed to practise as an advocate in the Province of Quebec. In 1783, he
went to England and was called to the English bar, but returned to Canada in 1785, and
resumed his practice of law at Montreal. He was entrusted by Lord Dorchester with several
commissions in connection with the correction of abuses in the loyalist settlements above
Montreal and in 1789 was appointed a judge of the Court of Common Pleas for the District
of Hesse with headquarters at Detroit. On the organization of the judicial system of Upper
Canada in 1794, Powell was made a judge of the Court of King^s Bench. He was appointed
an honorary member of the Executive Council of Upper Canada in September, 1808, and in
the following year succeeded as a regular member. He succeeded Thomas Scott as Chief
Justice of the Court of King's Bench in 1816 and was appointed a member and later Speaker
of the Legislative Council. He retired from the bench in 1825.

1. Adam Gordon was one ctf the officials of the Colonial Department in London and acted
as special agent for the Canadian provinces.

2. See page 9.

3. Martial law was declared by Sir Guy Carleton in June, 1775. See Carleton to Dart-
mouth. June 2-6, 1775. The Canadian Archives, Q. 11, page 201.

4. See page 435.

5. See page 441.

I

coysTiTirioyAL documents 443

SESSIONAL PAPER No. 29c

selves to be of that opinion or to consider a justification of trespass under such a
proclamation an excuse, therefore it is important that the fullest consideration should
be given to the subject at home and the Judges be enlightened by legal opinions, or
that their actual opinions should be communicated to the Commander of the Forces
by His Majesty's Secretary of State, and it would be more expedient to do this with-
out an appeal to the Court of the King in Council.

KESOLUTIONS OF THE HOUSE OF ASSEMBLY, LOWER CANADA, RELAT-
ING TO THE AUTHORITY OF THE COURTS OF JUSTICE.^

JOURNALS OF ASSEMBLY LOWER CANADA.

Wednesday, 2 February, 1814.

****** 4f

Mr. Denechau, from the Committee of the whole House, to whom it was referred

to consider the powers and authorities exercised by the Courts of Justice, in this

Province, under the denomination of Rules of Practice, reported, according to order,

the resolutions of the Committee.

And he read the report in his place, and afterwards delivered it in at the Clerk's

table, where the resolutions were again read, and are as followeth, viz.

Resolved, That it is the opinion of this Committee, that the Legislative power, in this
Province, is exclusively vested in His Majesty, and in the Legislative
Council and Assembly, to whom only, in the said Province, it belong-s to
make laws for the welfare and good Government of the said Province.

Resolved, That it is the opinion of this Committee, that the laws, visages and cus-
toms of Canada, secured and confirmed to the Inhabitants of this Prov-
ince, by the Act of the Parliament of Great Britain, in that behalf made,
can, in no respect, be altered, changed or modified, except by the authority
of the Legislature of this Province.

Hesolved^ That it is the opinion of this Committee, that the power and authority of
His ^[ajesty's Courts of Justice, in this Province, are purely judicial, and
that no alteratiou of the .«aid Laws can l>e made by the Judges of the
said Courts, without the most criminal breach of their duty, and a violation
of their oaths of office.

Resolvkd, That it is the opinion of this Committee, that by certain regulations, under
the name of " Rules and Orders of Practice," made by the Court of Ap-
peals of this Province, on the 19th day of January, 1809, and still in force,
the said Court of Appeals, of which Jonathan Seivell, Esquire, Chief Justice

1. From the Journals of the House of Assembly of Lower-Canada, Wednesday, February
2, 1814.

The resolutions reported by the Committee were approved by the House of Assembly and,
on motion of Mr. James Stuart, a committee was appointed to examine particularly the Rules
of Practice of the Courts of Justice, in this Province: "report in detail, on the principal
points wherein they are contrary and repugnant to the Laws of the land, and to enquire into
any circumstances that may appear to them material, relatively to the said Rules of Practice,
and the practice of the said Courts; and that the said Committee do also report their opinion
as to the course which it is expe<lient to pursue, for vindicatinjj the authority of the Lejfis
lature, and repressinj? such abuses of .ludicial Power, and that the said Committee be
empowered to send for persons, records and papers."

The report of this special committee which included a series of thirty-six resolutions
specifying: the cases in which the courts excee<led this authority, constitutes appendix E to
the Journuh of the House of Assembly for 1814. The report concluded thus: — "The written
constitution which this Province owes to the justice and liberality of the Parliament of Great
Britain, not having established any Tribunal before which abuses, such as aj-e the subjects of
this Keport, can be brought judicially; your committee respectfully submit their opinion,
that it is expedient to bring them under the consideration of His Majesty's Government iu
England, in such form as the wisdom of the Housft may prescribe, in order that justice may
be done to His Majesty's faithful subjects in this Province."

444 CANADIAN ARCEIYE8

4 GEORGE v., A. 1914

of this Province, was, and still is President, hath exercised a Legislative
authority, and established rules, affecting the civil rights of His Majesty's
Subjects, contrary to, and subversive of the -Laws of this Province.
Resolved, That it is the opinion of this Committee, that His Majesty's Court of King's
Bench, for the District of Quebec, in which Jonathan Sewell, Esquire, as
Chief Justice of this Province, presides, by certain regulations, under the
name of " Rules and Orders of Practice," made in the term of October,
1809, and still in force, hath exercised a Legislative authority, and estab-
lished rules affecting the civil rights of His Majesty's Subjects, contrary to,
and subversive of the Laws of this Province.

Resolved, That it is the opinion of this Committee, that His Majesty's Court of King's
Bench, for the District of Montreal, of which James Monk, Esquire, is
Chief Justice, by certain regulations under the name of " Rules and
Orders of Practice," made and published in the term of February, 1811,
and at subsequent times, and still in force, hath exercised a Legislative
authority and established rules, affecting the civil rights of His Majesty's
Subjects, contrary to, and subversive of the Laws of this Province.

Resolved, That it is the opinion of this Committee, that an arbitrary and unconstitu-
tional authority hath, by the said regulations of the said Courts, been
exercised, in respect of the Attornies and officers of the said Courts, by
declaring them guilty of the crime of " contempt " in certain cases, to
which the said Courts have in their discretion, thought fit to apply that
crime ;^ and by subjecting them to severe prosecutions and penalties, to
which they were not liable, by the Law of the land.

Resolved, That it is the opinion of this Committee, that by the said regulations, His
Majesty's Subjects are, in certain cases, unjustly and illegally debarred from
the prosecution and defense of their rights, in the said Courts, unless they
previously make deposits of money," not required by Law to be made,
whereby the benefit of the Laws, and the administration of Justice are
denied to His Majesty's Subjects, except on conditions prescribed by the
said Courts, with which many of them may be unable to comply.

Resolved, That it is the opinion of this Committee, that by the said regulations, rules
of Prescription, contrary to law, and destructive of the just and legal
rights of His Majesty's Subjects, are, in certain cases, established.

Resolved, That it is the opinion of this Committee, that the said Courts, by the said
regulations, have attributed to themselves an extraordinary and unpre-
cedented authority of making spontaneous and unsolicited determinations
in a cause, which are stiled " orders and judgments ex officio," whereby

1. Section 10 of the Rules of Practice of the Provincial Court of Appeals declared that
" every Prothonotary who without lawful cause, shall refuse or neglect to make return of
any Writ of Appeal, which shall be issued in any Suit, and by him be received within the
period thereby allowed for the return thereof, shall be deemed and taken to be guilty of a
contempt of this court.''

The Rules of Practice of the Court of King's Bench for the District of Quebec specified
certain offences which were to be considered as " contempts " of court and ordered " that
every wilful and unlawful breach of an Order or Rule of Practice of this Court (for which
no fine or other specific punishment is provided in the body of such other Rule) shall be taken
and considered to be a Contempt of Court."

2. The eighth section of the Rules of the Court of Appeals declared " That no Writ of
Appeal from any interlocutory or definitive Judgment given in the Court of King's Bench
for the District of Montreal, or in the Court of King's Bench for the District of Three Rivers
shall issue in any suit until the party Appellant in such Suit shall have deposited in the
hands of the Clerk of this Court, the sum of four pounds, to defray the postage of the record
in such Suit, and the overplus, if any there be shall by the Clerk of this Court be paid to
such Appellant on demand.'"

CONSTITUTIONAL DOCUMENTS 445

SESSIONAL PAPER No. 29c

Justice is refused to botli parties, in a cause, and tlie said Courts blend and
confound the offices of party and Judge, in the same persons.^
Resolved^ That it [is] the opinion of this Committee, that the powers assumed by the
said Courts, are inconsistent with, and subversive of the constitution of
this Province; are calculated to deprive His Majesty's Canadian Subjects,
of their Laws; must render the enjoyment of liberty and property alto-
gether insecure and precarious, and give to the Judges an arbitrary author-
ity over the persons and property of His Majesty's Subjects in this Province.

HEADS OF IMPEACHMENT OF JONATHAN SEWELL.2

Heads of Impeachivient of Jonathan Sewell, Esquire. Chief Justice of the Prov-
ince OF Lower-Canada, by the Commons of Lower-Canada, in this present Provin-
cial Parliament assembled, in their own name, and in the name of all the Com-

ItONS OF the said PROVINCE.

First. — That the said Jonathan Sewell, Chief Justice of the Province of Lower
Canada, hath traitorously and wickedly endeavoured to subvert the Constitution and
established Government of the said Province, and instead thereof, to introduce an
arbitrary tyrannical Government against Law, which he hath declared by traitorous
and wicked opinions, counsel, conduct, judgments, practices and actions.
Secondly. — That, in pursuance of those traitorous and wicked purposes, the said
Jonathan Sewell, hath disregarded the authority of the Legislature of this Province,
and in the Courts of Justice wherein he hath presided and sat, hath usurped powers
aijd authority which belong to the Legislature alone, and made regulations subversive
of the Constitution and Laws of this Province.

Thirdly. — That the said Jonathan Sewell, being Chief Justice of this Province, and
President of the Provincial Court of Appeals, in pursuance of the traitorous and
wicked purposes aforesaid, did, on the nineteenth day of January, in the year of our
Lord one thousand eight hundred and nine, make and publish, and cause to be made

1. The seventeenth section of the Rules of Practice held that every suit in which reasons
of appeal -were not filed within one month from the date of the return of the writ of appeal
should be considered to have been deserted by the appellant .and_ could be dismissed upon
motion on the part of the respondent or " by the Court ex officio without such motion, as
may happen."

2. From the Journals of the House of Assembly of Lower-Canada, 1814, Appendix F.
After tlie adoption of the report of the Special Committee of the Assembly on the Rules

of Practice of the Courts of Justice, the following resolutions were passed by the House on
motion of Mr. Stuart and Mr. Lee.

Resolved, That Jonathan Sewell, Esquire, Chief Justice of this Province, be impeached on
the said report, and the resolutions of the House thereupon, and also on the resolu-
tions of the House of the fourth instant, respecting the authority exercised by the
Courts of Justice, under the denomination of Rules of Practice.

Resolved, That James Monk, Esquire, Chief Justice of the Court of King's Bench, for the
District of Montreal, be impeached on the said report, and the resolutions of the
House thereupon, and also upon the resolutions of the House, of the fourth instant,
respecting the authority exercised by the Courts of Justice, under the denomination
of Rules of Practice.

Resolved, That a Committee of five Members be appointed, to prepare Heads of Impeach-
ment against the said Jonathan Sewell, Esquire, and the said James Monk, Esquire,
on the said report and resolutions, and also an humble representation to His Royal
Highness, the Prince Regent, conceived in such terms as may be proper to bring
respectfully under the consideration of His Royal Highness, the said Heads of
Impeachment in the humble hope that measures may thereupon be taken to afford
means of obtaining justice, for His Majesty's Subjects, in this Province, on the said
Heads of Impeachment.

Or<lered, That Mr. Stuart, Mr. Bourdages, Mr. Papineau, Mr. Lee, and Mr. Larue, do
compose the said Committee.

Resolved, That the said Committee have power to add such Heads of Impeachment, as
may appear just and proper, and that they have power to send for persons, records
and papers.
Journals of the House of Assembly, Lower-Canada, 1814, page 268.

446 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

and published, by the Court of Appeals, various regulations, under the name of
"Rides and Orders of Practice,^ repugnant and contrary to the Laws of this Pro-
ince, whereby the said Jonathan Sewell, wickedly and traitorously, in so far as in him
lay, endeavoured and laboured to change, alter and modify, and to cause to be changed,
altered and modified, by the said Court of Appeals, the Laws of this Province, which
he was sworn to administer, and assumed legislative authority, and by the said regu-
lations imposed illegal burthens and restraints upon His Majesty's subjects in the
exercise of their legal rights, and attributed to the said Court unconstitutional and
illegal powers and authority, altogether inconsistent with the duties of the said
Court, and subversive of the liberty and just and legal rights of His Majesty's sub-
jects in this Province.

Fourthly. — That the said Jonathan Sewell, being Chief Justice of this Province,
and as such presiding in His Majesty's Court of King's Bench for the District of
Quehec. in pursuance of the traitorous and wicked purposes aforesaid, did, in the
Term of October, in the year of our Lord one thousand eight hundred and nine, make
and publish, and cause to be made and published, by the said last mentioned Court,
various regulations, under the name of " Rules and Orders of Practice," repugnant
and contrai-y to Law, by which regulations the said Jonathan Setvell, in so far as in
him lay, endeavoured and laboured to change, alter and modify, and cause to be
changed, altered and modified, by the said last mentioned Court, the Laws of this
Province, which he was sworn to administer, and assumed legislative authority, and
by the said regulations imposed illegal burthens and restraints upon His Majesty's
subjects in the exercise of their legal rights, and thereby attributed to the said last
mentioned Court unconstitutional and illegal powers and authority, altogether incon-
sistent with the duties of the saicl Court, and subversive of the liberty and just and
legal rights of His Majesty's subjects in this Province.

Fifthly. — That the said Jonathan Setvell, being such Chief Justice and President
of the Provincial Court of Appeals, as aforesaid, and as well by the duties as the
oaths of his Offices, bound to maintain, support and administer the Laws of this
Province, and award justice to His Majesty's subjects, according to the said Laws,
hath nevertheless, in contempt of the said Laws, and in violation of his said duty
and oaths, set aside the said Laws, and substituted his will and pleasure instead
thereof, by divers unconstitutional, illegal, unjust and oppressive rules, orders and
judgments, which he hath made and rendered, to the manifest injury and oppression
of His Majesty's subjects in this Province, and in subversion of their most imi)ortant
political and civil rights.

Sixthly'. — That the said Jonathan Sewell, being Chief Justice, as aforesaid, and
also Speaker of the Legislative Council of this Province, and Chairman of His
Majesty's Executive Council therein," did, by false and malicious slanders against His
Majesty's Canadian Subjects, and the Assembly of this Province poison and incense
the mind of Sir James Craig, being Governor in Chief of this Province, against them,
and mislead and deceive him in the discharge of his duties as such Governor, and
did, on the fifteenth day of May, in the year of our Lord one thousand eight hundred
and nine, advise, counsel, and induce the said Sir James Craig, being Governor in
Chief as aforesaid, and being under the influence of the false and pernicious sugges-
tions of the said Jonathan Sewell, as aforesaid, to dissolve the Provincial Parliament,
without any cause whatever, to palliate or excuse that measure; and did also coimsel,
advise, and induce the said Sir James Craig, to make and deliver on that occasion a
Speech, wherein the Constitutional rights and privileges of the Assembly of Lower

1. See page 443.

2. See page 269, note 2.

I

CONSTITUTIONAL DOCUMENTS 447

SESSIONAL PAPER No. 29c

Canada were grossly violated, the Members of that body insulted, and their conduct
misrepresented.^

Seventhly. — That the said Jonathan Sewell, being such Chief Justice, Speaker of
the Legislative Council and Chairman of the Executive Council as aforesaid, in pur-
suance of his traitorous and wicked purposes aforesaid, and intending to oppress His
Majesty's Subjects and prevent all opposition to his tyrannical views, did counsel
and advise the said Sir James Craig, being Governor in Chief as aforesaid, to remove
and dismiss divers loyal and deserving Subjects of His Majesty from Offices of profit
and honour, who were accordingly so removed and dismissed, without the semblance
of reason to justify it, but merely because they were inimical, or supposed to be
inimical, to the measures and policy promoted by the said Jonathan Sewell, and in
order, in one instance, to procure the advancement of his brother.-
Eighthly. — That the said Jonathan Sewell, in order in the strongest manner to
mark his contempt for the liberties and rights of His Majesty's Subjects in this
Province, and his disrespect for their Representatives, and for the Constitution of
this Province, did in the Summer of the year one thousand eight hundred and eight,
among other removals and dismissals from office as aforesaid, counsel, advise, and
induce the said Sir James Craig, being Governor in Chief, as aforesaid, to dismiss
Jean Antoine Panet^ Esquire, who then was and during fifteen years preceding, had
been, and still is Speaker of the Assembly of Lower Canada, and in the full enjoy-
ment of the esteem and confidence of his Country, from His Majesty's Service as
Lieutenant Colonel of a Battalion of Militia, in the City of Quebec, without any
reason to palliate or excuse such an Act of injustice.

N'iNTHLv. — That the said Jonathan Sewell, being such Chief Justice, Speaker of
the Legislative Council, and Chairman of the Executive Council as aforesaid, regard-
less of the dignity and duties of his high offices, and in pursuance of his traitorous
and wicked purposes afbresaid, did, by an undue exercise of his official influence, in
the month of March in the year of our Lord one thousand eight hundred and ten,
persuade and induce Pierre Edonard Deslarats, Printer of the laws of this Province,
to establish a News Paper, imder the name of the " Vrai Canadien."* to promote his
factious views, and for the purpose of calumniating and vilifying part of his Majesty's
Subjects, and certain Members of the Assembly of this Province, who were obnoxious
to the said Jonathan Sewell, into which paper the said Jonathan Sewell caused to be
introduced various articles containing gross libels on part of His Majesty's Subjects,
and on the Assembly of Lower Canada: and that the said Jonathan Sewell did com-
promit the honour and dignity of His Majesty's Government, by pledging its support
to the said Paper, and holding out assurances of its favour to those by whom the said
I'aper might be conducted and supported.

Tenthly. — That the said Jonathan Sewell, being such Chief Justice, Speaker of the
Legislative Council and Chairman of the Executive Council as aforesaid, in pursuance
of his traitorous and wicked purposes aforesaid, and intending to extinguish all
reasonable freedom of the Press, destroy the rights, liberties and security of His
Majesty's Subjects in this Province, and suppress all complaint of tyranny and

1 . For Sir .Tames Craiig's speech and the reply of the Assembly, see page 366.

The decision of Lord Bathursl on the accusation contained in this article is siven on
page 464.

2. James Stuart, the chairman of the committee appointed to draw up the articles of
impeachment was dismissed from the office of Solicitor General of the Province by Sir James
Craig, in May, 1809. In the following month the vacancy was filled by the appointment of
Stephen Sewell, brother of the Chief .Tustice. The reasons for Stuart's dismissal are set
forth in Craig's despatch to Lord Castlereagh of June 1, 1809. The Canadian Archives, Q
109, page 128.

3. See page 360, note 3.

4. Le Vrai Canadien was the organ in particular oif the French Canadian party which
under the leadership of Judge De Bonne supported the administration. The paper did not
last beyond a year.

448 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

oppression, did in the month of March in the year of our Lord one thousand eight
hundred and ten, counsel, advise, promote and approve the sending of an armed
Military force to break open the dvpelling House and Printing Office of one Charles
Le FranQois,^ being one of His Majesty's peaceable Subjects in the City of Quebec,
and there arrest and imprison the said Charles Le Frangois, and seize and bring away
forcibly a Printing Press, with various private papers; which measure of lawless
Tiolence was accordingly executed, and the said Press and papers have since remained
deposited in the Court House in the City of Quebec, with the knowledge and appro-
bation, and under the eye of the said Jonathan Sewell.

Eleventhly. — That the said Jonathan Sewell, being such Chief Justice, Speaker of
the Legislative Council and Chairman of the Executive Council of the said ProT-
ince, in pursuance of his traitorous and wicked purposes aforesaid, with the inten-
tion of oppressing individuals supposed to be suspicious of his character and views,
and inimical to his policy, and for the purpose of ruining them in the public estima-
tion, and preventing their re-election as Members of the Assembly of Lower Canada,
did counsel, advise, promote and approve the arrest of Pierre Bedard, Frangois
Blanchet, and Jean Thomas Taschereau, Esquires,^ upon the false and unfounded pre-
text of their having been guilty of Treasonable Practices, whereby they might be
deprived of the benefit of Bail, and by means of the influence derived from his high
offices, under the Government, caused them to be imprisoned on the said charge, in
the common Gaol of the District of Quebec, for a long space of time, and at length to
bo discharged without having been brought to a trial.

TwELFTHLY. — That the said Jonathan Sewell, availing himself of the influence of
his said Offices, in pursuance of his traitorous and wicked purposes aforesaid, and in
order to mislead the Public, deceive His Majesty's Government, and obtain pretexts
for illegal and oppressive measiires, instigated and promoted various acts of tyranny
and oppression similar to those last mentioned, in other parts .of the province, whereby
divers individuals upon the false pretext of having been guilty of treasonable prac-
tices were exposed to unjust prosecutions, imprisoned and oppressed, and one of them
Frangois Corheil, being old and infirm, was by the rigour of his imprisonment
deprived of life, and whereby general alarm and apprehension were excited in His
Majesty's Subjects.

Thirteenthly. — That the said Jonathan Sewell, being Chief Justice, Speaker of the
Legislative Council, and Chairman of the Executive Council as aforesaid, in pur-
suance of his traitorous and wicked purposes aforesaid, on the twenty first day of
March, in the year of our Lord one thousand eight hundred and nine, being a time
when profound tranquillity prevailed in the province, and when no murmurs were
heard, or discontents felt, other than those produced by the tyrannic and oppressive
measures previously adopted by the advice of the said Jonathan Sewell, and when the
loyalty of His Majesty's subjects and their attachment to his Government were,
nevertheless, unimpaired, did maliciously, traitorously, and wickedly infuse into the
mind of the said Sir James Craig, being Governor in Chief, as aforesaid, the most
false and unfounded suspicions and alarms, respecting the disposition and intentions
of His Majesty's Canadian subjects; and did counsel, advise, and induce the said
Sir James Craig, to issue a Proclamation,' extraordinary and unprecedented as well

1. Charles Le Francois was the proprietor of Le Canadien newspaper which was suppressed
by Sir James Craifr. For Craig's account of the proceedings see the Canadian Archives, Q.
112, page 50.

2. Pierre Bedard, Frangois Blanchet and J. T. Taschereau were arrested by Craig tn
account of their connection with Le Canadien. For an account of the proceedings against
Bedard, see page 379.

3. The proclamation in question was issued on March 1st, 1810, not 1809 as here stated,
and was published in The Quebec Gazette of March 22. In it reference was made to the cam-
paign being pursued by Le Canadien and to the arrest of the parties interested in the paper.
The proclamation was designed to influence the elections which were then being held and
contained a reply to the charges made by Le Canadien.

COl^^STITVTIONAL DOCUMENTS 449

SESSIONAL PAPER No. 29c

in style as in mattei', wherein the arbitrary, unjust, and oppressive imprisonment of
the said Pierre Bedard, Frangois Blanchet, and Jean Thomas Taschereau, was
referred to in such manner, as might induce a belief of their Guilt, and excite the
greatest odium against them, and wherein such statements were made as implied that
the Province was in a state approaching open insurrection and rebellion, whereby the
character of His Majesty's Canadian subjects was most falsely calumniated, great
injustice done to private individuals, and foreign states may have been drawn, and
there is the greatest reason to believe from subsequent events were drawn, into a
belief of such disloyalty in His Majesty's Canadian subjects as would render the
Province an easy conquest.

FouRTEENTHLY. — That the said Jonathan Sewell, being such Chief Justice as afore-
said, in pursuance of his traitorous and wicked purposes aforesaid, did labour and
endeavour, by means of his official influence, to extend and confirm the unfounded
imputations made, and alarm excited by the said Proclamation, and in the Term of
the Court of Criminal Jurisdiction held in the said month of March, one thousand
eight hundred and nine, read the said Proclamation in open Court, for the purpose
of influencing the minds of the Grand and Petit Juries, in the exercise of their
respective duties.^

FiFTEENTHLY. — That the said Jonathan Sewell, being such Chief Justice, Speaker of
the Legislative Council, and Chairman of the Executive Council as aforesaid, in pur-
suance of his traitorous and wicked purposes aforesaid, hath laboured and endeavoured
to produce in His Majesty's Government an ill opinion of His Majesty's Canadian Sub-
jects, with a view to oppress them, and favour the progress of American influence in
this Province, and hath traitorously and wickedly abused the power and authority of
his high offices, to promote the advantageous establishment of Americans, being Sub-
jects of the Government of the United-States of America, in this Province, and to
pave the way for American predominance therein, to the great prejudice and injury
of His Majesty's Canadian Subjects, and with a view to the subversion of His
Majesty's Government.

SiXTEENTHLY. — That the said Jonathan Sewell, influenced by a desire to accelerate
a political connexion of this Province, with part of the United-States of America,
and to deprive His Majesty's Canadian Subjects of their present Constitution and
Laws, did in or about the month of January, in the year of our Lord one thousand
eight hundred and nine, enter into a base and wicked confederacy with one John
Henry, ^ an adventurer of suspicious character, for the purpose of sowing and exasper-

1. The proclamation was read on the opening of the criminal court for the Dis+rict of
Quebec in March, 1810. The grand jury, in their presentment, observed that they had behela
"with the deepest concern and regret. Publications issuing from the Press, and industriously
circulated tbroughout the Province, which, under the specious pretence of zeal for the Rights
of the People have a manifest tendency to vilify and traduce the whole Administration of
the Government in this Province, and to poison the minds of His Majesty's subjects with
distrust, jealousy and disafiection; more particularly a periodical paper entitled Le Can-
adien, and a paper addressed, " A tons les Electeurs au Bas Canada " signed " Votre Ami
Sincere." See the Quebec Gazette, March 29, 18]0.

2. John Henry had been engaged by Sir James Craig to conduct a secret enquiry into the
condition of opinion in the New England States. The purpose of the mission is learned from
Craig's letter of instructions to Henry, of February 6, 1809.

" The Principal object that I recommend to your attention is the endeavour to maintain
the most accurate information of the true state of affairs in that part of the Union which
from its wealth, the number of its inhabitants and the known intelligence & ability of some
of its leading men must naturally possess a very considerable influence over, and will indeed
probably lead the other Eastern States of America in the part that they may take at thi'?
important crisis

In the general Term which I have made use of in describing the object which I recom-
mend to your attention, it is scarcely necessary that I should observe I include the state of
the public opinion both with reg.ard to their internal politics & to the probability of War
with England, the comparative strength of the two great Parties into which the Country i**
divided and the views and designs of that which may ultimately prevail."

The inetrnctions concluded with directions regarding the means of transmitting reports
290—29

450 CAN AD I Ah' ARCHIVES

4 GEORGE v., A. 1914

ating dissention among the Subjects of the Government of the said United -States, and
producing among them insurrection and rebellion, and a consequent dismemberment
of the union, and in furtherance of the objects of the said confederacy, did, by artful
and false representations, counsel, advise and induce Sir James Craig, being Governor
in Chief of this Province, to send the said John Henry on a mission to the said United
States, whereby the attainment of the views of the said Jonathan Sewell was to be
promoted, and the said Jonathan Sewell became and was a channel for the corres-
pondence of the said John Henry, respecting his mission aforesaid : by which conduct
the said Jonathan Sewell hath exposed His Majesty's Government to imputations
7'eflecting on its honour, and hath rendered himself- unworthy of any place of trust
under His Majesty's Government.

Seventeenthly. — That the said Jonathan Sewell being such Chief Justice, Speaker of
the Legislative Council, and Chairman of the Executive Council as aforesaid, hath
laboured and still doth labour to promote disunion and animosity between the Legis-
lative Council and Assembly of this Province, and hath exerted his influence as
Speaker as aforesaid to prevent the passing, in the said Council, of Salutary Laws,
which had been passed in the said Assembly, and hath during the present war with
the United-States of America fomented dissention among His Majesty's Subjects in
this Province, and endeavoured, by various arts and practices, to prevent a reliance
on the Loyalty and Bravery of His Majesty^s Canadian Subjects, and produce a want
of confidence in the administration of His Majesty's Government, and thereby weaken
its exertions.

All which crimes and misdemeanors, above mentioned, were done and committed
by the said Jonathan Sewell, Chief Justice of the Province of Lower Canada, whereby
he the said Jonathan Sewell, hath traitorously and wickedly and maliciously laboured
to alienate the Hearts of His Majestj^'s subjects in this province from His Majesty,
and to cause a division between them, and to subvert the constitution and Laws of
this Province, and to introduce an arbitrary and tj'rannical Government, contrary
to his own knowledge, and the known Laws of this province : and thereby he the said
Jonathan Sewell, hath not only broken his own oath but also as far as in him lay,
broken the King's oath to his people, whereof the said Jonathan Sewell, representmg
His Majesty in so high an Office of Justice, had in this province the custody: For
all which the said commons do impeach the said Jonathan Sewell; hereby reserving
to themselves the liberty of exhibiting at any time hereafter any other accusation or
impeachment against the said Jonathan Sewell, and adopting such conclusions and
prayer upon the premises, as law and Justice may require.

HEADS OF IMPEACHMENT OF JAMES MONK.i

Heads of Impeachment of James Monk^ Esquire, Chief Justice of His Majesty's
Court of King's Bench for the District of Montreal, in the Province of Lower-
Canada, BY THE Commons of Lower-Canada, in this present Pro\incial Parliament
assembled, in their own name, and in the name of all the Commons of the said
Province,

First. — That the said James Monh, Chief Justice of His Majesty's Court of King's
Bench for the District of Montreal,- in the Province of Lower-Canada, hath traitor-
ously and wickedly endeavoured to subvert the Constitution and established Govern-

"I request to hear from you as frequently as possible and as Letters directed to n"e
iniglit excite suspicion, it may be as well that yon should put them under cover "to Mj.
ilichardson, and as even the addressina; Letters always to the same person mii^ht attract
notice, I recommend you sometimes addressing your Packet to the Chief Justice here, or
occasionally thoug-h seldom to Mr. Evland, but never with the addition of his official descrip-
tion.'' See Canadian Archives, Q. 109, pasje 25t.

1. From the Journals of the Rouse of Assembly, Lower-Canada, 1814, Appendix G.

2. See page 118. note 2.

J

CONSTITUTIONAL DOCUMENTS 45I

SESSIONAL PAPER No. 29c

ment of the said Province, and instead thereof to introduce an arbitrary tyrannical
Government, against Law, which he hath declared by traitorous and wicked opinions,
counsels, conduct, judgments, practices and actions.

Secondly. — That in pursuance of those traitorous and wicked purposes, the said
James Monh hath disregarded the authority of the Legislature of this Province, and
in the Courts of Justice wherein he hath presided and sat, hath usurped powers and
authority which belong to the Legislature alone, and made regulations subversive of
the Constitution and Laws of this Province.

Thirdly. — That the said James Monh, being Chief Justice of the said Court of King's
Bench for the District of Montreal, and President of the Provincial Court of Appeals,^
in causes appealed from the Court of King's Bench for the District of Quebec, in
pursuance of the traitorous and wicked purposes aforesaid, did, on the nineteenth day
of January, in the year of our Lord one thousand eight hundred and nine, make,
consent to, concur in, approve and publish, and caused to be made and published, by
the said Court of Appeals, various regulations, under the name of "Rules and Orders
of Practice" in the Provincial Court of Appeals, repugnant and contrary to the Laws
of this Province, whereby the said James Monh wickedly and traitorously, in so far
as in him lay, endeavoured and laboured to change, alter and modify, and cause to
be changed, altered and modified, by the said Court of Appeals, the Laws of this
Province, which he was sworn to administer, and assumed legislative authority, and
by the said Regulations imposed illegal burthens and restraints upon His Majesty's
subjects in the exercise of their legal rights, and attributed to, the said Court uncon-
stitutional and illegal powers and authority, altogether inconsistent with the duties
of the said Court, and subversive of the liberty and just and legal rights of His
Majesty's subjects in this Province.

Fourthly. — That the said James Monh, being Chief Justice of the said Court of
King's Bench for the District of Montreal, as aforesaid, in pursuance of the traitor-
ous and wicked purposes aforesaid, did, in the term of February, in the year of our
Lord one thousand eight hundred and eleven, make and publish, and cause to be
made and published by the said last mentioned Court, various Regulations, under
the name of " Rules and Orders of Practice," repugnant and contrary to the laws of
this Province, by which Regulations the said James Monh, in so far as in him lay,
endeavoured and laboured to change, alter and modify, and to cause to be changed,
altered and modified, by the said last mentioned Court, the Laws of this Province,
which he was sworn to administer, and assumed Legislative authority, and by the said
Regulations, imposed illegal burthens and restraints upon His Majesty's Subjects, in
the exercise of their legal rights, and thereby attributed to the said last mentioned
Court unconstitutional and illegal powers and authority, altogether inconsistent with
the duties of the said Court, and subversive of the liberty, and just and legal rights
of His Majesty's Subjects in this Province.^

Fifthly. — That the said James Monh, being such Chief Justice and President of the
Court of Appeals as aforesaid, and as well by the duties as the oaths of his offices
bound to maintain, support and administer the laws of this Province, and award
Justice to His Majesty's Subjects, according to the said laws, hath, nevertheless, in
contempt of the said laws, and in violation of his said duties and oaths, set aside the
said laws, and sulistituted his will and pleasure instead thereof, by divers unconstitu-
tional, illegal, unjust and oppressive Rules, Orders and Judgments, which he hath
made and rendered, to the manifest injury and oppression of His Majesty's Subjects
in this Province, and in subversion of their most important political and civil rights.

1. See page 136, note 2.

2. Sf^e the resolutions of the House of Assembly on the authority assumed by the courts.
I age 444.

29c— 29i ,

452 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Sixthly. — That the said James Monh, being such Chief Justice as aforesaid, in
pursuance of his traitorous and wicked purposes aforesaid, hath, in the exercise of
his Judicial powers, openly and publicly ascribed to the said Court of King's Bench,
the power of altering, changing and modifying the laws of this Province, and hath
alleged and declared, that such power had been recognized by all the Judges of the
land in the Provincial Court of Appeals, and on such his false, traitorous and wicked
opinions and declarations, hath founded judgments of the said Court.
Seventhly. — That the said James Monk, being such Chief Justice as aforesaid,
and bound by the laws of this Province to protect and maintain the personal liberty
of His Majesty's Subjects, and relieve them from illegal and unjust imprisonment,
hath, nevertheless, contrary to his duty, and in contempt of the said laws, denied
Writs of Habeas Corpus to persons legally entitled to them, and thereby deprived
His Majesty's Subjects of their dearest and most important rights, and hath wilfully
oppressed them.

Eighthly. — That the said James Monh, being such Chief Justice as aforesaid, hath,
in certain cases, promoted, counselled and advised Criminal Prosecutions, and hath
afterwards exercised his Judicial powers, as such Chief Justice, and hath sat in
Judgment upon such Prosecutions.

All which crimes and misdemeanors abovementioned, were done and committed
by the said James Monk, Chief Justice of the Court of King's Bench for the District
of Montreal, whereby he the said James Monk hath traitorously, wickedly and malici-
ously laboured to alienate the hearts of His Majesty's subjects in this province from
His Majesty, and to cause a division between them, and to subvert the constitution
and laws of this province, and to introduce an arbitrary and tyrannical Government,
contrary to his own knowledge, and the known laws of this province: And thereby
he the said James Monk hath not only broken his own oath, but also, as far as in
him lay, hath broken the King's Oath to his people, whereof the said James Monk,
Esquire, representing His Majesty in so high an office of Justice, had in the said
District of Montreal, the custody.

For all which the said commons do impeach the said James Monk, hereby reserv-
ing to themselves the liberty of exhibiting at any time hereafter any other accusation
or impeachment against the said James Monk, and adopting such conclusions and
prayer upon the premises as law and Justice may require.

ADDRESS OF THE HOUSE OF ASSEMBLY TO THE PRINCE REGENT.^
To His Royal Highness The Prince Regent.

May it please Your Royal Highness,

We His Majesty's most dutiful and Loyal Subjects, the Commons of Lower
Canada, in Provincial Parliament assembled, do acknowledge with gratitude the
many and great advantages which have been conferred on this Province by His
Majesty's wise and just Government. Among these, we have reason to assign the
first place to the Excellent Constitution which has been imparted to His Majesty's
Canadian Subjects, whereby their civil and political rights have been secured, and
constitutional means provided for the investigation of abuses and grievances, which
might, if permitted to continue without remedy, prove not less injurious to His
Majesty's Government, than to the interests of His Subjects.

It would have been gratifying to His Majesty's faithful Commons, if they could
have assured Your Royal Highness, that the bemeficent intentions of His Majesty's
Government towards them had been realized in the conduct of its Officers, but, unfor-
tunately, it has become our painful duty humbly to represent to Your Royal High-

1, From the Journals of the House of Assembly of Lower-Canada, 1814, Apx)endix H.

CONSTITUTIONAL DOOVMENTS 453

SESSIONAL PAPER No. 29c

nes9 that, in consequence of abuses of authority, which have been committed by the
principal officers in the administration of Justice, the rights of His Majesty's faith-
ful subjects in this province have been violated in the most essential points.

During the present Session of the Provincial Parliament, the attention of His
Majesty's faithful Commons has been directed to the exercise of an authority assumed
by the Courts of Justice, under the denomination of " Rules of Practice,"^ and we
have been alarmed to find, that under that name the Courts of Justice have arrogated
to themselves powers which belong exclusively to the Legislature, and have made
regulations repugnant and contrary to law. These powers have been so extensively
and injuriously exercised as to affect the civil rights of His Majesty's subjects in the
most important points, and in some instances in the most oppressive manner; and
would, if continued, deprive His Majesty's subjects in this province of their con-
stitution and Laws, and subject them to the arbitrary will and pleasure of the Judges.

We His Majesty's Faithful Commons have found that these abuses of authority
have, since the appointment of Jonathan Sewell, Esquire, to be Chief Justice of this
Province, originated in the Provincial Court of Appeals, in which (such is its
vicious and defective Constitution) that Gentleman and James Monk, Esquire, Chief
Justice of the Court of King's Bench for the District of Montreal, respectively pre-
side on appeals from the judgments of each other, in the Courts of Original Jurisdic-
tion. In January 1809, those Gentlemen concurred in framing Rules of Practice for
the Court of Appeals, in which the illegal assumption of authority complained of was
exercised, and having thus pledged the Court of last resort for the maintenance of
that assumption, they afterwards in the Courts of original Jurisdiction, in which they
respectively preside, assumed like authority, and made unconstitutional, illegal and
oppressive regulations in those Courts, which they concur in maintaining, and to
which their united influence gives entire effect, to the subversion of the Constitution
and of the Laws of the Land.

However anxious we have been to direct our undivided attention to measures,
which might strengthen His Majesty's Government in this Province, and increase
its energies, for the defence of the Province against the Enemy, we could not post-
pone the consideration of abuses of such enormous magnitude, which, if not corrected,
would deprive the Inhabitant^ of this Province of all the advantages for the pre-
servation of which, against the open attacks of the Enemy they have already incur-
red, and are still determined to incur the greatest sacrifices. We His Majesty's
Faithful Commons have therefore been under the necessity of reducing into specific
charges, under the name of Heads of Impeachment, the criminal conduct which we
impute to the said Jonathan Sewell and James Monlc, Esquires, and these embrace
other crimes and misdemeanours of those public Officers, for which His Majesty's
Faithful Commons hold them responsible.

In what relates to the said Jonathan Sewell, Esquire, we have felt it to be our
duty, when arraigning his judicial conduct, to charge him also with various acts of
tyranny and oppression in the administration of the Government of this Province,
and with measures injurious to the honour and interest of His Majesty's Govern-
ment, of which we believe, and will prove, him, by his pernicious counsels, to have
been the author.

Having investigated and ascertained the abuses and grievances which are the
subjects of complaint, and founded determinate accusations on them, We, His
Majesty's Faithful Commons, have done all to which we are competent, for the
attainment of justice: it is only from the power of His Majesty's Government, that
we can hope for relief and redress, and our confidence in the justice and wisdom of
your Royal Highness, assures us, that our humble appeal to that power wiU not be
ineffectual.

1. See the resolution of the House of Assembly, page 444.

454 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Wherefore, we His Majesty's Faithful Commons of this Province, most respect-
fuHy b^ leave to be permitted to lay at the feet of Your Royal Hiirhness. the grounds
of our complaint and accusation against the said Jonathan Sewell and James Monk,
Esquires, and pray that in consideration of the premises they may be removed from
their respective Offices, and that the authority of His Majesty's Government may be
interposed in such way as, in Your Royal Highness's wisdom, may appear necessary
for bringing them to justice.
The above representation referred to in

the Report of a Special Committee,

dated the 25th February, 1814.

(Signed) J. STUART, Chairman.

PROCEEDINGS IN THE PROVINCIAL PARLIAMENT ON THE ARTICLES

OF IMPEACHMENT.

JOURNALS OF THE HOUSE OF ASSEMBLY. ^

Saturday, 26th Fehruary, 18U.
*******

Mr. Stuart, from the Committee appointed to prepare an Address to His Excel-
lency the Governor in Chief, to inform His Excellency of the proceedings of this
House, against Jonathan Sewell and James Monk, Esquires, and to pray, that His
Excellency will be pleased to transmit the Heads of Impeachment against them, and
the Representation to His Royal Highness the Prince Regent, to His Majesty's
Ministers, that they may be laid before His Royal Highness, and to represent to His
Excellency the necessity of suspending the said Jonathan Sewell and James Monk,
Esquires, from their offices, until His Majesty's pleasure may be known, and that
His Excellency will be pleased to suspend them accordingly, reported, that the Com-
mittee had prepared the draft of an Address, accordingly, which he was directed to
submit to the House; And he read the report in his place, and afterwards delivered
it in at the Clerk's table, where the Address was again read, and is as followeth, viz.

TO HIS EXCELLENCY
SIR GEORGE PREVOST, BARONET,

Captain- General and Governor in Chief in and over the Provinces of Lower-Canada,
Upper-Canada, Nova Scotia, New-Brunswick, and their several Dependencies, Y ice-
Admiral of the same. Lieutenant -General and Commander of all His Majesty's Forces
in the said Provinces of Lower-Canada and Upper-Canada, Nova-Scotia, and New-
Brunswick, and their several Dependencies, and in the Islands of Newfoundland,
Prince Edward, Cape Breton and Bermuda, &c. &c. &c.

May it please your Excellency,

We His Majesty's most dutiful and loyal Subjects, the Commons of Lower-
Canada, in Provincial Parliament assembled, beg leave to inform Your Excellency,
that we have found ourselves constrained, by a sense of duty, to direct our attention
to certain abuses of a dangerous nature, in the Courts of Justice, in which Jonathan
Sewell, Esquire, Chief Justice of the Province, and James Monk, Esquire, Chief
Justice of the Court of King's Bench, for the District of Montreal, respectively pre-
side, and to high offences committed by them, upon all which we have framed Heads
of Impeachment against the said Jonathan Sewell and James Monk, Esquires, and
an humble representation to His Royal Highness the Prince Regent, which we have
now the honor of presenting to Your Excellency, and pray that Your Excellency will

1. From the Journals of the House of Assembly of Lower-Canada, page 340.

CONSTITUTIONAL DOCUMENTS 455

SESSIONAL PAPER Mo. 29c

be graciously pleased to transmit them to His Majesty's Ministers, to be laid before
His Koyal Highness the Prince Regent.

Considering the nature of the charges which it has been our duty to exhibit
against the said Jonathan Sewell and James Monk, Esquires, we deem it incumbent
upon us, most respectfully to represent to Your Excellency, that it is not consistent
with the honor of His Majesty's Government, or the interests of His Subjects, that
the said Jonathan Sewell and James Monk, Esquires, do continue in the execution of
their respective offices, while the said charges are depending against them, and we
humbly pray, that Your Excellency will be graciously pleased to suspend them from
their said offices, until His Majesty's pleasure may be known.

Mr. Stuart moved to resolve, seconded by Mr. Lee, that this House doth concur
in the said Address.

The House divided upon the question.

Yeas 14r
Nays 4

So it was carried in the affirmative, and
Resolved, accordingly.

.TOURNALS OF THE HOUSE OF ASSEMBLY.

Thursday, 3d March, 181Jt.^

At the hour appointed, Mr. Speaker and the House went up to the Castle of
Saint Lewis, with the Address of this House, to His Excellency the Governor in
Chief.
And being returned:

Mr. Speaker reported, that the House had attended upon His Excellency the
Governor in Chief, with their Addresses, to which His Excellency was pleased to
make the following answer:

" I shall take an early opportunity of transmitting to His Majesty's Ministers,
your Address to His Royal Highness the Prince Regent, together with the articles
of accusation, which have been preferred by you against the Chief Justice of the
Province, and the Chief Justice of the District of Montreal; but I do not thinlc it
expedient to suspend the Chief Justice of the Province, and the Chief Justice of the
District of Montreal, from their offices, upon an Address to that effect from one
branch of the Legislature alone, founded on articles of accusation, on which the
Legislative Council have not been consulted, and in which they have not concurred."

On motion of Mr. Stuart, seconded by Mr. Papineau,
Resolved, That the charges exhibited by this House against Jonathan Sewell and
James Monk, Esquires, were rightly denominated Heads of Impeachment."
On motion of Mr. Stuart, seconded by Mr. Lee,
Resolved, That it is the unquestionable constitutional right of this House, to offer
its humble advice to Llis Excellency the Governor in Chief, upon matters
affecting the welfare of His Majesty's subjects, in this Province, without
the concurrence of the Legislative Council.
Resolved, That it is peculiarly incumbent on this House to investigate abuses, cal-
culated to deprive His Majesty's Subjects of the benefit of their constitu-
tion and laws, and of the pure administration of Justice, and that in
bringing under the view of His Excellency the Governor in Chief, the
gross abuses and high offences referred to in the Address to His Excel-
lency, this House hath performed the first and most essential of its duties,
to the people of this Province.

1. Ibid, page 388.

456 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Resolved, That it is the indubitable right of this House, to exhibit accusations, to
which it is constitutionally competent, without consulting or asking the
concurrence of the Legislative Council, and that in framing and exhibiting
the Heads of Impeachment referred to in the Address to His Excellency
the Governor in Chief, this House hath exercised a necessary and salutary
power, vested in it by the constitution.

Resolved, That His Excellency the Governor in Chief, by His said answer to the
Address of this House, hath violated the constitutional rights and privi-
leges of this House.^

JOURNALS OF THE PIOUSE OF ASSEMBLY.^

Thursday, 17th March, 18U.

On motion of Mr. Lee, seconded by Mr. Gauvreau,

Resolved, That the claim of the Legislative Council, to alter or amend money Bills,
is contrary to parliamentary usage in this Province and in England.

Resolved, That the exercise of the said claim, during the late and present Sessions,
tends to render the Constitution of this Province ineffectual, for the pur-
poses for which that Constitution was granted, and to deprive His
Majesty's Canadian Subjects of the benefits thereof.

Resolved, That the claims of the Legislative Council, touching the Heads of Impeach-
ment against Jonathan Sewell and James Monk, Esquires,^ are not founded
on the Constitutional Law, or any analogy thereto; tend to prevent
notorious offenders belonging to that body, from being brought to Justice,
and to maintain, perpetuate and encourage an arbitrary, illegal, tyrannical
and oppressive power over the people of this Province.

Resolved, That while the people of this Province continue to make every exertion
to repulse the enemy, they ought also to bestow their attention, through
their representatives, upon any plots which may be framed, by criminal
and interested individuals, for depriving them of their rights and liberties,
and for overthrowing the Constitution and Government, as they are by
law happily established in this Province.

1. On the 8th of March, the censure of the House of Assembly was modified by th« fol-
lowing motion which was carried by a vote of 12 to 9.

Monday, 7th March, 1814.
" Mr. Lee moved to resolve, seconded by Mr. Bellet, that notwithstanding the pervers"
and wicked advice given to His Excellency the Governor-in-Chief, on the subject of the con-
stitutional rights and privileges of this House, and the endeavours of evil disposed advisers.
to lead him into error, and to embroil him with His Majesty's faithful Commons of this Prov-
ince, this House has not, in any respect, altered the opinion it has ever entertained, of th'»
wisdom of His Excellency's administralion of the (rovernment, and is determined to adopt
the measures it had deemed necessary for the support of the Government, and the defence of
the Province.'' Juurnnis of House of Assembly, Loiver-Canada, 1814, page 408.

2. From the Journals of ihe House of Assemhlu, Lower-Canada, 1814, page 480.

After the Heads of Impeachment had been adopted by the Assembly the House resolved
that it was expedient that an agent should be appointed for the purpose of prosecuting thJ^
charges and selected Mr. James Stuart for this position. A clause was therefore inserted !n
a bill renewing a former revenue act appropriating the sum of Two thousand pounds to cover
Mr. Stuart's expenses. The bill as amended by the Legislative Council was not acceptable tt»
the Assembly and accordingly was lost. See page 457.

3. See page 459.

CONSTITUTIONAL DOCUMENTS 457

SESSIONAL PAPER No. 29c

RESOLUTIONS OF THE LEGISLATIVE COUNCIL ON THE RIGHT OF

THE HOUSE OF ASSEMBLY TO APPOINT A SPECIAL

AGENT FOR THE PROVINCE.^

Council Chamber
Monday 28*^ February

The Members convened were.
The Lord Bishop of Quebec
The Hony« Mess". Baby

Hale

Duchesnay

Cuthbert

Ryland

Blackwood

M«=Gillivray

It was moved to resolve.

That the matters contained in the Address of the Assembly to His Royal High-
ness the Prince Regent,^ now read are not such as have a peculiar and exclusive rela-
tion to that House but such as materially affect the interests of the Province at large.

That an Address to the Throne by one Branch alone of the Provincial Parlia-
ment upon any subjects of General Colonial interests or policy in which the other
Branch is equally concerned is unconstitutional and dangerous, necessarily tending
to produce discord in Councils, dissension and disorder;

That this House was constitutionally entitled to expect that the Address of the
Assembly to His Royal Highness the Prince Regent would not have been concluded
upon by the Assembly without its concurrence;

That the said Address appears to this House to cover an attempt on the part of
the Assembly to appoint an Agent for this Province^ without the concurrence of this
House, whose right to give or to withhold such concurrence the Assembly itself
recently recognized by the Bill whi^^h they sent up to this House on the 10*''^ Febru-
ary instant entituled "An Act for appointing an Agent in the United Kingdom of
Great Britain and Ireland "^ which at the time of presenting the said Address ^was
still pending in this House;

1. From the copy in the Canadian Archives, Q. 127, page 300.

2. Early in the session an address was prepared for presentation to the Prince Regent
representing " the state of distress to which this Province is reduced, through tlie extraor-
dinary efforts it has made, and sacrifices it has undergone, in supporting the War, which,
without speedy relief, threatens the ruin of agriculture, general distress, famine, and the de-
population of the country, besides dooming it to pass under the odious yoke of its Enemy and

beseeching His Royal Highness to vouchsafe such remedy and relief thereto, as may

appear adetjuate to the emergency." For the Address of the House of Assembly see the
Journals, pnsre 158.

3. Aftea- the adoption of the Address the House of Assembly resolved that it should be
presented to the Prince Regent by Pierre Bedard and a motion was passed directing that au
address should be prepared requesting the Governor to advance the sum of three thousand
po"nds to .Tuderv Berlnrd. Snbspqnently. however, the Assembly requested the Governor to
appoint a messenger for the purpose of presenting the address and that the sum of one thou-
sand ponnds — wh ch the Asf-embly promised to pay — should be advanced to defray the
expenses of the messenger so appointed.

Sir George Frevust, in reply, informed the Assembly that "whenever a suni of money
shall be appropriated by the Legislature, for that purpose," he would take into his consider-
ation the nomination of a messenger or messengers for transmitting the Address of the
Assembly." See the Journals of the House of Assembly, 1812, pages 276, 278 and 314. The
House of Assembly, however, undertook to add a clause to the revenue bill of the session
makinsr a sppcial appr'-Tiriation f'^r the expenses of the messenger with the result that tho
entire Vill was lost. See page 462.

4. The bill here referred to, appointing Pierre Bedard as agent of the Province was-
passed by the Assembly on February 8th and sent to the Legislative Council on the lOth. Ou
the following day, a niiessage was sent by the Assembly to the Council, " to invite their
Honours to join a second --p'^^nn to Pierre Bedard, Esquire, to be agent for this Province and

458 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

That the said Address does not contain nor consist with the sentiments of this
House upon the several matters to which it relates;

That the application of any sum or sums of money under the pretext of defraying
the expences of the person or persons who shall be the bearer or bearers of the said
Address to England, without the concurrence of this House would be a manifest and
alarming violation of one of its most important rights, calculated to eifect it's total
extinction as a constituent branch of the Legislature of this Province; and utterly
subversive of that grand principle of the constitution — that the Collective body of
the Legislature alone can dispose of the public money of the Province;

That this House will not concur with the Assembly in making provision for the
reimbursement of any sum or sums of money that may be applied out of the Public
Revenue of this Province for defraying the expences of the Bearer or Bearers of the
said Address, because, in the Judgment of this House, there is no necessity for a
special Messenger for the purpose of conveying that Address; because applications
to His Majesty's Government which are of a public import can only be properly and
constitutionally conveyed through the medium of the Governour of this Province;
and because the House has had no intercommunity with the Assembly, in their
Address ; —

That this House views, with equal astonishment and concern, the acquiescence
of His Excellency the Governour in Chief in the vote of the Assembly which requests
him to appoint a Messenger for the purposes above mentioned. An Acquiescence
which they cannot but consider to be an unequivocal abandonment of the rights of
this House and a fatal dereliction of the first principles of the constitution ;^ —

The Question of concurrence being put upon each of the above resolutions,
severally, and a debate having ensued upon the last, — they were all passed in the
Affirmative.
Endorsed. 11.

MEMORIAL OF THE JUDGES OF LOWER CANADA ON THE SUBJECT
OF THE IMPEACHMENT OF THE CHIEF JUSTICES.^

To His Excellency Sir George Prevost Baronet, Captain General and Governor
in Chief in and over the Provinces of Lower Canada, Upper Canada, Nova
Scotia, New Brunswick, and their several Dependencies, Vice Admiral of the
same. Lieutenant General and Commander of all His Majesty's Forces, in the
said Provinces of Lower Canada and Upper Canada, Nova Scotia and New Bruns-
wick and their several Dependencies and in the Islands of Newfoundland, Prince
Edward, Cape Breton and Bermuda &^^ &*'* &^^

May it please Your Excellency

We His Majesty's dutiful and loyal subjects the Executive Council, Judges in
the Court of Appeal, & the puisne Judges of the Court of King's Bench for the Dis-
trict of Quebec, and of the Court of King's Bench for the District of Montreal, in

to acquaint their Honours that the House of Assembly will concur in their nomination."
(Journals of the Hoxtse of Assembly, page 208.)

The reply of the Legislative Council was contained in a special message of February 21st.
The Council observed that the Bill to which the message of the Assembly referred was at the
time of the delivery of the message in the possession of the Legislative Council and desired
that the Assembly in future, " will take no notice of the subject matter of any bill of which
the Legislative Council shall be possessed, until the Legislative Council shall desire a confer-
ence th°reon. with the Assembly." (JoudwIs of the House of Assembly, 1812, page 288.)

1. For Sir George Prevost's opinion of this resolution see page 464.

2. From the original in the Canadian Archives, Sundry Papers, Lower Canada, February
26. 1814.

. CONSTITVTIOHAL DOCUMENTS 459

SESSIONAL PAPER No. 29c

the Province of Lower Canada/ deeply sensible of the reproach that has been thrown
upon the Judicature of this Country, by the late Resolutions of the Assembly, and
affected more especially by that proceeding, which, altho' we are united with His
Majesty's Chief Justices in the guilt that is imputed, has disjoined us from them in
the Impeachment of that guilt; and most earnestly desiring to share with them,
whatever severity of animadversion may be thought due to measures, in which we
unanimously and cordially concurred, intreat Your Excellency to have the goodness
to lay our Memorial upon this subject, together with the Resolutions of the Assembly,
and the proceedings of that House thereon, before His Royal Highness the Prince
Regent.

Quebec 26 February P Quebec

1814.
01. Perrault A. L. Juchereau Duchesnay Thom^ Dunn

Edw. Bowen. J. Kerr F: Baby

rJohn Richardson M. Ex. C Montreal Ross Cuthbert John Young

J Isaac Ogden J.K.B. Montreal John Mure J Williams

") James Reid J.K.B. Montreal James Irvine

^^ Charles Louis Foucher J K B Montreal
Signed on their behalf & by their authority

John Young.

RESOLUTIONS OF THE LEGISLATIVE COUNCIL ON THE IMPEACHMENT

OF THE CHIEF JUSTICES.2

Province of Lower Canada,

Legislative Council.
Die Martis 3=^ Martii 1814.
Resolved,

That by the Criminal Law of England, and of this Province no man can be
charged with, or impeached of any Crime or Criminal Offence, but by an Inquest of
the Country, the cases excepted in which an Information on the part of the Crown
may be filed.
Resolved,

That the lawful Inquest of every County, District or Government by. whose
Ministry any Subject of His Majesty is charged with or impeached of any Crime or
Criminal Offence; however chosen or appointed, represents, for the purpose of such
charge or Impeachment the entire Community of the people of the County district
or Government in which such subject is so charged or impeached; and acts on their
behalf and in their Right.
Resolved,

That the right to charge or impeach any Officer or Officers of His Majesty's Gov-
ernment, in this province, with or for any Crime or Criminal Offence, or misdemeanor
in Office (if any such right exists in this Province), is by Law vested in the entire
Community of the people of this Province.
Resolved,

1. The question of the impeacliment had already been officially brought before the Execu-
tive Council by Sir George Prevost. On February 28th, the Council was asked to report on
the wisdom of acceding to the request of the House of Assembly for the suspension of the
chief justices and on the expediency of furnishino; the accused with the heads of impeachment
previous to their beins: transmitted to His Majesty's Government. The Council reported that
they hiid equally with the chief justices " so strong a Bias on their Minds as must take away
all weight or importance from their judgment in this Matter, and were they, in compliance
with Your Excellency's Commands to declare their opinion which under other circumstances,
it would have been their bounden Duty to do, it might lead Your Excellency into Error, and
thus prove of most nernicions Consequence +0 His Majesty's Government."

2. From the copy in the Canadian Archives, Q. 127, page 238.

460 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

That the rig"ht to charge or impeach any Officer or Officers of His Majesty's
Government in this Province with, or for any crime, Criminal Offence, or mis-
demeanor in Office doth not vest nor can be vested in any one part of the people of
this Province more than in another, but is vested in the whole, collectively, gener-
ally and equally.
Eesolved,

That since the right to impeach any Officer or Officers of His Majesty's Govern-
ment in this province with or for any Crime, Criminal Offence or Misdemeanor in
Office doth not vest in any one part of the people of this province more than another
but is vested in the whole collectively, generally and equally, the right to charge any
Officer or Officers with or for any Crime, Criminal Offence or Misdemeanor in Office
doth not nor can exclusively exist in the representatives of any one part of the people
of this province nor can by them be exercised without the participation of the
remainder.
Resolved,

That the Members of this House are a component part of the people of this prov-
ince.
Resolved,

That the Members of this House being appointed by the Crown for Life, do sit
and vote in the provincial parliament in their own right and are not represented in
the Assembly.
Resolved,

That the Assembly of this Province, inasmuch as the Members of this House are
a component part of the people of this Province, and are not therein represented, are
the representatives of a part only of the i)eople of this province.
Resolved,

That every charge or Impeachment of the Assembly alone, is a charge or Impeach-
ment of a part only of the people of this Province.
Resolved,

That every charge or Impeachment by the Assembly alone, being a charge or
Impeachment by a part only of the people of this province, no charge or Impeachment
of any Officer or Officers of his Majesty's Government in this province with or for
any Crime, Criminal Offence or Misdemeanor in Office can by the Laws and Con-
stitution of this province be exhibited by the Assembly alone, nor without the partici-
pation of this House.
Resolved,

That the Imperial Parliament of the United Kingdom of Great Britain and Ire-
land is the true and perfect representative of the entire Community of the i>eople of
the said United Kingdom.
Resolved,

That the right to charge or impeach any Officers of His Majesty^s Government
with or for any Crime, Criminal Offence or Misdemeanor in Office is by the Law and
Constitution of the United Kingdom of Great Britain and Ireland vested in the
entire Community of the people of the said United Kingdom but is exercised on their
behalf and in their right by the House of Commons alone to the Exclusion of the
House of Lords.
Resolved,

That the right of hearing and determining all Impeachments exhibited in the
United Kingdom of Great Britain and Ireland, by the people of the said United King-
dom by the Ministry of the House of Commons is by the Law and Constitution of the
said United Kingdom vested in the House of Lords to the exclusion of the House of
Commons, and of every other Tribunal.
Resolved,

That the exclusive right of hearing and determining all Impeachments exhibited

CONSTITUTIONAL DOCUMENTS 461

SESSIONAL PAPER No. 29c

in the United Kingdom of Great Britain and Ireland by the people of the said United
Kingdom by the Ministry of the House of Commons being vested in the House of
Lords, the House of Lords is thereby and thereby only excluded from all participation
in voting or exhibiting any such Impeachment, the Offices of accuser and Judge being
totally incompatible.
Resolved,

That the right of hearing and determining Impeachments exhibited in this prov-
ince by the people of this Province is not vested in the Legislative Council of this
Province and that the Legislative Council is not therefore excluded from a participa-
tion in voting or Exhibiting any such Impeachment.
Eesolved,

That the Impeachment of the Honourable Jonathan Sewell His Majesty's Chief
Justice of this Province by the Assembly alone is an illegal and alarming assumption
of power on the part of the Assembly.
Resolved,

That the Impeachment of the Honourable James Monk, Chief Justice of His
Majesty's Court of King's Bench for the District of Montreal by the Assembly alone
is an illegal and alarming Assumption on the part of the Assembly.
Resolved,

That the said Impeachments of the Honourable Jonathan Sewell, and of the
Honourable James Monk by the Assembly alone, tend in their immediate Conse-
quences to deprive this House of its lawful rights and privileges, to give the
Assembly an ascendency and controul over this House which is entirely incompatible
with the due exercise of its Legislative powers, to render the Judges of this province
and all other Officers of the Crown in this Province dependent on the Assembly, and
thereby endanger not only the right administration of Justice in this province but
the right administration of His Majesty's Provincial Government in General.
Resolved,

That this House doth solemnly protest against the said Impeachments of the
Honourable Jonathan Sewell and of the Honourable James Monk by the Assembly
alone and against all proceedings whatever, which have been and shall be had on the
said Imjjeachments or either of them.
Resolved,

That an humble Address be presented to His Royal Highness The Prince Regent,
beseeching His Royal Highness that he will be graciously pleased to permit His
Majesty's Faithfvd Subjects the Legislative Coimcil of Lower Canada humbly to lay
before the Throne the preceding Resolutions and that he will be further pleased to
take the Resolutions aforesaid into His Royal Consideration and thereon to grant
such relief in the premisses as to His Royal Highness in his great wisdom shall seem
meet and expedient for the security of the Rights of the Legislative Council, and of
His Majestjr's Provincial Government in general, and for the Welfare of this Prov-
ince in future.
Resolved,

That an humble Address be presented to His Excellency the Governor in Chief
requesting him to lay the foregoing Resolutions, and the humble Address of this
House to His Royal Highness The Prince Regent at the foot of the Throne in such
way as he may judge to be most proper.

Attest

W" Smith

Clerk of the Legislative Council
of the Province of Lower Canada.

Endorsed — In 144.

462 CANADIAN ARCHIVES

4 GEORGE v., A. 1914
PREVOST TO BATHURST.i

N°. 148. Quebec IS^^ March 1814.

My Lord,

It is with regret I have also to acquaint Your Lordship that a very productive
Revenue Bill which yielded during the last year nearly £20.000, together with the
appropriation of £20.000 to His Majesty to aid in carrying om the War, and a like
Sum for the use of the Militia have been lost in consequence of the Assembly having
annexed to the Bill two exceptionable appropriations in which they knew the Council
mould not concui*, and which consequently occasioned their rejection of the Bill.^

The time of the House of Assembly has been engrossed almost the whole of the
Session by the consideration of the power and authority exercised by His Majesty's
Court of Justice in this Province under' the denomination of Rules of Practice;^ —

The attention of the House was called to this subject principally by M'' Stuart
the former Solicitor General who had been dismissed from his Office during Sir
James Craig's Administration,^' and whose personal Animosity towards the two Chief
Justices, and particularly towards M'" Sewell, has shewn itself too strongly in the
course of the proceedings against those Gentlemen to leave a doubt upon the mind of
any unprejudiced person with regard to his motives on this occasion; — Through his
influence with some of the leading Canadian Members, who had been induced to con-
sider M"". Sewell as the author or adviser of the conduct pursued towards the Cana-
dians during the former Administration, a party sufficiently strong was obtained in
the House, to vote for the Resolutions which have passed, and for the Address and
Articles of Impeachment which followed upon them; — It is necessary however to
observe to Your Lordship that this did not take place without an opposition on the
part of all the English Members present in the House; — The whole number which
voted upon the different questions did not exceed twenty five, being but half the
Representation, and out of that number the Impeachment was finally carried by a
Majority of nine only; — In the other stages of the Proceedings the minority know-
ing that their opposition would be unavailing, seldom voted, and only did so in the
last instance that it might appear upon the face of the Journals who were the Persons
that supported the measure.

Amongst them Your Lordship will find the names of several who had conceived
themselves aggrieved by the treatment they had received before I assumed the Gov-
ernment ; — From this circumstance as well as from the nature of the Articles of the
Impeachment, it is very evident that the whole of these proceedings have originated
in perfonal pique and party spirit. ■

The Addresses to His Royal Highness the Prince Regent from the Executive
Council and Judges of the Courts of King's Beirch,^ and from the Legislative Council
with the Resolutions of that body;"^ all which followed almost immediately upon the
Proceedings above mentioned and which I have transmitted to Your Lordship in my
Dispatches N°. 145 &, N° 146; will strongly evince to Your Lordship the sense enter-
tained, by the highest and most respectable Servants of the Crown and by the first
authorities in the Country, of the nature of those proceedings.

It is but common Justice to the characters of the two Gentlemen against whom
such serious Charges have been preferred to assure Your Lordship, that during the

1. From the co^y in the Canadian Archives, Q. 127, page 26fi.

2. The bill referred to provided for the renewal of the Revenue Act of 1811, 51 Geo. Ill,
cap. 1. Tlie As<?nib'v a 'ded to thi« bill apiiropriations for the expenses of ao:ents to present
a special af'dre^^s of th° A^i'^embly and to prosecute the charges of impeachtmemt. See page 457,
note 3, ind page 453, note 2.

3. S?e page 443.

4. See page 44,, note 2.

5. See page 458.
fi. See page 459.

CONSTITUTTONAL DOCUMENTS 463

SESSIONAL PAPER No. 29c

period of my residence in this Province, — now nearly three Years, I have never from
any quarter, until the present accusation was made, heard a suggestion against their
integrity or ability in the discharge of the duties of their high Stations, which I have
every reason to suppose they have filled with great credit to themselves, and great
advantage to the Public, by the due and impartial Administration of Justice in the
Province ;

Previous to my receiving the Address of the Assembly^ with their Address to the
Prince Eegent and the Articles of Impeachment accompanying it, I had submitted
the subject of the suspension of the Chief Justices, as well as the propriety of fur-
nishing them with Copies of the Articles of Impeachment, to the Executive Council
who made the Report, a Copy of which is herewith transmitted.-

As, notwithstanding this Report, I knew the opinion of each Member of the
Council to be against the suspension, and in favour of supplying the Chief Justices
with Copies of the Charges, I did not hesitate, — my own sentiments agreeing with
their opinion — to make to the Address of the Assembly the Answer a Copy of which,
together with a Copy of their Address^ I herewith transmit; — which Answer as
Your Lordship will perceive by referring to the 63^^ page of the printed Proceedings
which I have transmitted gave rise to the violent and intemperate resolutions, on
the part of the House, which followed.

In order however to distinguish between me and those whom the Assembly were
pleased to term my evil disposed advisers they immediately afterwards passed the
Resolutions of which I enclose a Copy.^

The appropriation of Two thousand pounds to defray the expences of the Agent
appointed by one of these Resolutions was one of the appropriations annexed to the
Revenue Bill before mentioned and which occasioned it's rejection by the Council.

It is, I understand, the intention of M"" Stuart in consequence of his nomination
by the House, to proceed to England to support the Articles of Impeachment, and it
is said, but I do not know that there are grounds for the Report, that some of the
Party have subscribed to bear his Expences.-^

The Chief Justices have been furnished with Copies of the Articles of Impeach-
ment and of the proceedings upon them; and Chief Justice Sewell having strongly
solicited for leave of absence in order to proceed to England for the purpose of
making his defence should he be called upon for that purpose I have granted him
leave of absence for six months, and he will embark by the first opportunity after the
opening of the Navigation.*'

During the Session an Address was voted and prepared by the Assembly to His
Royal Highness the Prince Regent upon the State of the Province;''' — A Copy of
this Address which I now transmit to Your Lordship was sent to me, and I was after-
wards addressed by them to transmit their Address to His Royal Highness by such
]\[essenger or Messengers as I might be pleased to appoint for that purpose, and to
order an Advance of a sum not exceeding One Thousand pounds Currency to defray
the expences of the said Messengers and that the House would make it good; —

Eearing lest the verbal Answers which I had given to this Address might be
misunderstood by the Assembly I sent the written Message, of which I transmit a
Copy;*^ Shortly afterwards the Council addressed me in order to obtain Copies of

1. See p'ge 454.

2. For the reDort of the Executive Council see page 459, note 1.

3. See I age 455.

4. See page 456, note 1.

5. S v.art, however, did not prosecute the charges against the chief justices.

6. For the arguments advanced by Chief .Justice Sewell in support of his claim to be
furnished with a copy of the articles of impeachment see the Canadian Archives Q 130 nt S
page u 4 ^, . , H- ••

7. See page 457, note 2.

464 CANADIAN ARCniYES

4 GEORGE v., A. 1914

the Addresses of the House to His Royal Highness the Prince Kegent aaid to myself
with my Answers, as they had been refused access to the Journals of the Assembly. —
And the same being furnished to them they passed the resolutions,^ A Copy of which
I also transmit to Your Lordship and the last of which I can only account for from
a total misunderstanding on the part of the Council of my intentions, as it must be
evident to Your Lordship from the terms of the answer that I did not mean even to
take into my consideration the nomination of a person to present the Address of the
House to His Royal Highness the Prince Regent until the three Branches had
concurred in an Appropriation for that purpose.

The appropriation of the sum of one thousand pounds for defraying the expences
of these Messengers was the other exceptionable appropriation annexed to the Revenue
Bill to which I have before alluded, and the Assembly in consequence of it's rejection
by the Council have not thought proper to present the Address to His Royal High-
ness the Prince Regent in order that it might be transmitted.

I have thus detailed to Your Lordship at length the principal proceedings of the
late Session, during which so much of intemperate Spirit has been manifested and
so constant a disagreement between the two Branches, that I have been happy to avail
miyself of the opportunity which the termination of the period of four years for which
the Assembly was called together has afforded me of recurring to the sense of the
people for the choice of new Representatives.

The Provincial Parliament will be dissolved by Proclamation on the 31**. instant
and the writs for the new one made returnable the 13*^. May next.

From the ineffectual opposition made by the English Members to the proceedings
in the last and preceding Sessions of the late Parliament, few, if any of them will
be induced again to offer themselves as Candidates, and I imagine nearly the whole
of the next Representatives will be Canadians.^

Notwithstanding the measures which the late Assembly have adopted I have no
reason to distrust their Loyalty or attachment to His Majesty's Person and Govern-
ment;— The loss of the Revenue Bill and of the Appropriations they had made for
the Public Service are, I know, matters of sincere regret to many of them, and I am
not without hopes that I shall find the next Assembly well disposed to make good the
grants of the former one and to give me their cordial support in the Administration
of the Government.

I have the honour to be
My Lord
Your Lordship's most obedient humble Servant

The Right Hon^^*.
Earl Bathurst

&<». &<». &ca.

GEORGE PREVOST.

BATHURST TO PREV0ST.3

Sir G. Prevost Downing Street

N°. 72. 12 July 1814

Sir,

Your Dispatches to No. 160 inclusive, with the Exception of N°. 153 have been
received and laid before The Prince Regent

The Success which has marked the opening of the Campaign both in Fpper &
Lower Canada has again called forth from His Royal Highness the Expression of
that approbation of the Conduct of the Officers and men engaged, which I have so

1. See p-'ge 457.

2. See Prevost's later report confirming this opinion, page 467.
9. From the copy in the Canadian Archives, Q. 136A, page 37.

CONSTITUTIONAL DOCUMENTS 465

SESSIONAL PAPER No. 29c

frequently had occasion to communicate to you in former Dispatches — But while
His Royal Highness contemplates with the highest satisfaction these proofs of the
Union and Cordiality which subsist between those engaged in the Military & Naval
Service of the Province, He cannot, without deep regret, view the late Proceedings
of the House of Assembly of the Lower Province as calculated to excite disunion
among H. M's Subjects, & to paralyze the operations of the War at a moment when it
i<j most necessary that they should be prosecuted with Vigour — The short time
which has elapsed since the receipt of those dispatches has precluded me from bring-
ing under His Royal Highness's Consideration those discussions and disputes in
which the House of Assembly has been engaged — But altho' I am thus prevented
from adverting to those charges against the Judges, which relate to the Rules of
Practice established by them, I cannot avoid availing myself of the earliest oppor-
tunity of expressing the entire disapprobation of H. M's Government of those articles
of accusation, which impute to the advice of M'^ Sewell & M' Monk, such of the
acts of Sir Jas. Craig as the Assembly consider to be improper or illegal.^ H.M.'s
Gov* never can admit so novel & inconvenient a Principle as that of allowing the
Governor of a Colony to be divested of his responsibility for the acts done during hia
administration or permit him to shield himself under the advice of any Persons, how-
ever respectable, either from their character or their Office — nor can I believe that
the House of Assembly will, upon more dispassionate Consideration, deem such a
principle (the admission of which is implied in the charges that have been made by
them) as likely either to give additional security to their own privileges, or to the
Rights and Liberties of their Constituents.^

I have the honor &*'
BATHURST

pRevost to BATHURST.3

Private Head Quarters, Chazy.

State of New York
4th Sep'. 1814:
My Lord/

I have to acknowledge the honor of Your Lordships private dispatch of the 12^
July which reached me the 28*^. Ultimo.

The divisions between the two Houses of Legislature and the intemperate pro-
ceedings of the House of Assembly alluded to in Your Lordship's Letter may and pro-
bably will in part be renewed at their next meeting, but however such proceedings
are to be deprecated, I by no means apprehend from their renewal the evil conse-
quences anticipated by Your Lordship, or the want of that support from the House
of Assembly which the Loyalty and attachment of His Majesty's Canadian Subjects
have hitherto procured for me.

Amidst all the Contests which have taken place between the two Branches of the
Legislature, it is but Justice to the House of Assembly to say that I have invariably
found a disposition on their part to forward the Views of Government by promoting
the measures I have submitted for their consideration, and when those measures have
failed of being carried through, it has been more owing to differences between the
House and Council upon points of privilege and of a personal nature, than from any
desire on the part of the former to embarrass the Government, or to withhold that
assistance I was entitled to expect from them. At my first meeting of the Provincial

1. See page 448.

2. This question is more fully discussed by I/ord Bathurst in his despatch of July 12th,
1815. See page 4€9.

3. Prom the copy in the Canadian Archives, Q. 128, pt. 1. page 208.
29e— 30

466 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Legislature after my arrival in the Province, I plainly saw that I could not rely upon
the strength of the English Party in the House for effecting those measures I might
wish to carry through it.

That party being in numbers not more than one fifth of the representation and
having from the support it had given to the strong measures of the late Administra-
tion, lost its former influence in the House and become objects of jealousy and dis-
trust to the whole of the Canadian Interest, I was sensible that by conciliating the
Canadian Representatives I could alone hope to succeed in the accomplishment of
any object I might have in view (and which required the Aid of the Assembly) for
the furtherance of the public service in this Colony.

I therefore early after I assumed the Government gave my attention to cultivate
the good will of this class of His Majesty's Subjects in the Province, and by occa-
sionally bringing them forward when favorable opportunities offered, and when they
had a right to expect their interests and pretensions should be consulted, by making
them partake of the patronage before almost exclusively bestowed upon the English
Subjects,^ and by an attention to the Catholic Clergy and more particularly to its
Head, I succeeded in gaining the confidence of the People generally which has since
strongly manifested itself in the readiness with which the House of Assembly in the
different Sessions that have met since my residence in Lower Canada, have given into
my views and supported the measures I have submitted to them.

The leading Members of the late House were those who suffered severely, and as
they conceived unjustly by their imprisonment under the former Administration^ ; it
•was therefore to be expected that emboldeaed by the notice which had been taken of
them, as soon as they began to feel their own consequence and power in being able to
influence the proceedings -of the Assembly, they would naturally be desirous to make
that power felt by those whom they thought the Authors of their ill treatment. The
Chief Justice having become particularly obnoxious to them, from the part he was
supposed to have taken in it, as Sir James Craig's principal Adviser, they readily
entered into M"". Stewart's views and united with him in the proceedings which have
taken place against the two Chief Justices, and which being resisted on the part ol
the Council occasioned most of the Contests that occurred between the two Branches
during the last Session.

I am not however aware that in my former Reports to Your Lordship on this
subject I have any where intimated that these contests had at all affected the cordi-
ality which subsisted between the House and myself, or had induced them to withdraw
the confidence they had before reposed in me — in stating to Your Lordship my expec-
tation of a more favorable disposition of the new Assembly I had merely in view
their renewal of the revenue Act and appropriations which had been lost by the dif-
ferences between the two Branches during the last Sessions, as several of the leading
Canadian Members had assured me of their regret in having allowed those differences
to interfere with the public service — The Proceedings against the Chief Justices
and the Contests to whiqh they had given rise, as well as the other differences between
the two Houses appearing to me to be common to all Colonial representations and
such as had before frequently occurred in His Majesty's other Provinces, where Con-
stitutions nearly similar existed, I confess I felt no serious alarm from even a
prospect of a renewal of those differences, of any embarrassment to His Majesty's
Government, or any cncrease of the difiiculties of my situation. I was aware that in
a neighbouring Province (Nova Scotia) the like proceedings of impeachment had
been instituted by the Assembly against the Judges in that Colony, that the same had

1. A oonspicuors example of Prevost's use of the patronage was afforded by his appoint-
ment of Pierre iJedard, who had been imprisoned by Craig, to the position of Judge of the
Provincial Court for the District of Three Eivers.

2. See page 428.

CONSTITUTIONAL DOCUMENTS 467

SESSIONAL PAPER No. 29c

been resisted on the part of the Council, and yet sustained by His Majesty -who had
thought fit to direct the Impeachment to be heard before the Privy CounciP — that
the Judges having been fully acquitted of the charges preferred against them,
remained in their Offices for many years afterwards with credit to themselves and to
the satisfaction of the ^p-eople, and that the Province had continued in peace and free
from similar contentions ever since — as I thought it not unlikely that the same
course might be pursued by His Majesty's Government on the present occasion which
I felt confident would result in a similar acquittal, I looked forward to the termina-
tion of our late differences as the consequence, and such I cannot but think would
be the case unless other views and dispositions influence the ruling party in the
Assembly beyond those by which I consider them to be actuated. The Canadian
Members returned to serve on the present House are for the most part the same per-
sons who composed the last, and it is highly probable that the Characters which took
the lead in the former will continue to lead in this; — these Leaders are chiefly
Lawyers, men who as it appears to mc as merely seeking an opportunity to dis-
tinguish themselves, as the Champions of the Public for the purpose of gaining
popularity and who are endeavouring to make themselves of consequence in the eyes
of Government in the hope' of obtaining employment from it — some of them held
Offices conferred upon them by myself and all of them I have reason to think was it
necessary to purchase their Services would be willing to barter them — several of
the most resi>ectable English Members of the late House as I have already intimated
to Your Lordship would probably be the case have* declined becoming Members of
the new;- — other English Members have however been elected, but the whole English
representation bearing so small a proportion to the Canadian, their support alone,
supposing them all united would not afl'ord any effective aid to the Government.

From what I have said on this subject Your Lordship will perceive that it is not
probable there can be more than one party in the present Assembly, and that almost
wholly Canadian, with the power as being in fact nearly the whole House of effecting
whatever their Leaders may think proper to propose; with regard to their general
principles and disposition, I cannot bring myself to think that they are either at
present or likely soon to become hostile to His Majesty's Government — the support
I have hitherto met with from the Assembly, I still confidently look forward to and
from the characters both of the old and new Members I trust I shall not be disap-
pointed in my expectations of finding a majority willing to promote whatever measure
I may propose for the good of the Public Service.

I am aware that a different opinion prevails on this head with some highly
respectable Officers of His Majesty's Government in this Country and that by them
the most criminal and corrupt views and motives are ascribed to the Leaders of the
Canadian Party; that the late proceedings are considered as a proof of their wish
and intention to lower in the public opinion all the constituted authorities, and thus
by lessening the respect and attachment of the People to the Government to prepare
the way for whatever change may be proposed.

1. As early as 1787, a case arose in Nova Scotia which resulted in the impeachment of
two of the jiKtges. Before a committee of the HouBe of Assembly charges of misconduct were
made by two attorneys against Is-aac Desehamps and James Brenton, the assistant justices
of the Supreme Court of the Province, with the result that the Lieutenant Governor was
rpqtipsted to institute an inquiry into the conduct of the judges. A report of the statements
of the Attorneys making the charges was submitted to the Council of the province and the
Lieutenant Governor reported that while the case required more deliberate consideration ths^
more serious charges appeared to be without foundation. In 1790, the Assembly presente<I
articles of impeachment against the two judges and ask wl that the judges be suspended. Ori
the advice of the ('ouncil, Lieutenant Governor Parr refused to comply with this request of
the Assembly. The articles of impeachment were (hen transmitted to the British Govern-
ment and referred to a committee of the Privy Council which reported in favour of the judges.
See Beamish Mtirdocn, A History of Nova Scotia, Vol. III.

2. See page 464.

468 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

This may possibly be true with regard to some few Members of the House, altho'
I very much doubt it, — but as respects the Majority I conceive is unfounded, and that
their Loyalty and attachment are sufficiently strong to be proof against any such
attempts to seduce them; —

I am however free to confess to Your Lordship that a continuance for any great
length of time of similar contests between the two Houses, to those which have lately
embroiled them, marked by the same imyielding dispositions, as have been mani-
fested on both sides, might by preventing their agreement on any subject, materially
impede the Public Service very much, embarrass the Government in accomplishing
those objects which would require Legislative interference, and finally weaken the
loyalty and attachment of the people, — For the prevention of these evils I see no
other means more effectual than a perseverance in the conciliatory course I have
already adopted with regard to the Canadians, together with an encrease to the num-
bers of the Legislative Council: By introducing into it men of firmness and modera-
tion who at the same time that they would not give way to any open and marked
infringement of the constitution, would occasionally yield to the reasonable wishes
and views of the Lower House, the present heat and animosity subsisting between the
two Branches might perhaps be in a great measure allayed and more cordiality and
agreement take place in their future proceedings. — But I do not think that the
exercise of the power given to His Majesty of the 31^*^. Geo: 3*^.^ of making the Office
of Councillor hereditary and conferring upon them titles of honor would in the pre-
sent state of the Country be attended with any good effect — An hereditary and
ennobled Legislative Council would be viewed by the Assembly with more jealousy and
distrust than even the present one, — particularly as it would be extremely difficult
to find amongst the Canadians characters sufficiently respectable upon whom that
distinction might be conferred. To add to the present Council is however absolutely
necessary and it is therefore my intention shortly to propose to Your Lordship the
names of such persons as I think may be safely called to that House and who would
form not only an accession of strength to it, but give it a character more likely to
obtain the confidence of the Assembly than the present one. —

I have thus detailed to Your Lordship at length my sentiments upon the points
contained in Your Letter, I am happy to think that you will have an opportunity of
comparing them with those which you will probably receive upon the same subject
from an able and enlightened Officer of this Government, the Chief Justice who must
before this time have reached England^ — his prejudices which I know to be strong
will not perhaps allow him readily to subscribe to all my Opinions, but I am confident
he will honestly and conscienciously give you all the information he can afford
respecting the Politics of this Country, and from our united Statements, Your Lord-
ship will be able to form a tolerably correct estimate of our situation, and of the
best means of improving it.

I have the honor to be
My Lord

Your Lordship's Most Obedient
and most humble Servant
To The Right HonW^ GEORGE PREVOST

Earl Bathurst
&f^. &<*. «&<=». '

Endorsed. Chazy, State of New York 4"». Sep*. 1811
L*. Gen^ Sir G. Prevost

Private
R. 9^. October

1. See the Constitutional Act of 1791, Constitutional Documents, 1759-1791, Shortt and
Donghty, 1907, page 696.

2. See page 463.

CONSTITUTIONAL DOCUMENTS 469

SESSIONAL PAPER No. 29c

BATHURST TO DEUMMOND.i

Downing Street 12^^. July 1815

Sir,

In my despatcii of the 12^. July 1914- I had the honour of acknowledging the
Receipt of certain Charges preferred by the House of Assembly of Lower Canada
against The Chief Justice of the Province, and The Chief Justice of The Court of
King's Bench for the District of Montreal.

I at that time conveyed to Sir George Prevost the opinion of his Majesty's Gov-
ernment, as to such of those Charges, as related to acts done by a former Governor of
the Province, which the Assembly assuming to be improper or illegal, imputed by a
similar assumption to the Advice given to The Governor by The Chief Justices — •
On those Charges, as 1 then stated, no enquiry could be necessary, for none could
have been instituted without the Admission of the Principle, that the Governor of
a Province might at his own discretion divest himself of all responsibility on points
of political Government. I could not believe, that the House of Assembly of Canada
could on Reflection suppose, that any Governor of the Province, who had improperly
dismissed some public Officers, or arrested others who had promoted the views of His
Majesty's Enemies in the Province, or given just rise to the suspicion of The United
States by the improper employment of Spies within their Territory ;^ would be allowed
to plead in his vindication, that his mind had been poisoned and incensed by the
Slanders of the Judges, or his Conduct guided by their pernicious Counsel — It is
impossible however not to add, that in this Case there is no reason to suppose that
Sir James Craig's Conduct was such as to need any, still less this, vindication. The
House of Assembly never pretended, either during his life, or during the long Inter-
val which has succeeded his Death, to make any Charge against that Officer, or to
question the propriety of his Administration of the Government, nor do they appear
to have discovered that the acts, now complained of, were illegal, until it was thought
they misrlit le brought in aid of an accusation against The Chief Justice arising out
of Circumstances totally distinct —

With a view therefore to the general Interests of the Province, and even to the
just Privileges of The House itself, His Royal Highness was pleased to refer for
Consideration to The Lords of The Privy Council only such of the Charges brought
by The House of Assembly, as related to the Rules of Practice established by the
Judges in their respective Courts, these being points upon which, if any Impropriety
has existed, The Judges themselves were solely responsible —

I have now the Honor of transmitting to you the Result of this Investigation,
which has been conducted with all that attention and solemnity, which the Importance
of the subject required, and which I have to desire that you will take the earliest
opportunity of communicating to The House of Assembly** — In making that Com-
munication to The House, you will not fail to express the Regret, with which His
Royal Highness has viewed their late proceedings against two Persons, who have so
long and so ably filled the highest judicial Offices in the Colony; a circumstance the
more to be deplored, as tending to disparage in the Eyes of the inconsiderate and
ignorant, their Character and Services and thus to diminish the Influence to which

1. From the original in the Canadian Archives, G. 7, page 40.

2. See page 464.

3. See p. gi- 449.

i. See page 472, note 3.

470

CANADIAN ARCHIVES

4 GEORGE v., A. 1914

from their Situation and their uniform propriety of Conduct they are so justly
entitled,

I have the Honor to be.

Sir,

Your most obedient,
Lieut General ^"^^^^ Servant,

Sir Gordon Drummond K.C.B. BATHUKST

&" &° &«

The Order of
the Prince Re-
gent in Council.

DECISION OF THE PRIVY COUNCIL IN THE CASE OF
THE IMPEACHMENTS.!

At the Court at Carlton House, the 29th of June, 1815.

(L.S.)

present

His Royal Highness the Prince Regent.

His Royal Highness the Duke

of York.
His Royal Highness the Duke

of Cumberland,
Archbishop of Canterbury,
Lord President,
Lord Privy Seal,
Duke of Montrose,
Lord Chamberlain,
Marquis of Winchester,
Marquis Wellesley,
Marquis Camden,
Lord Steward,
Earl of Chesterfield,
Earl of Harrington,
Earl of Buckinghamshire.
Earl of Chatham,

WHEREAS there was this da
a committee of the Lords of his
Council,^ dated the 24th of this

Earl of Liverpool,
Earl of Chichester,
Earl of Mulgrave,
Lord Charles Bentinck,
Viscount Palmerston,
Viscount Melville,
Viscount Sidmouth,
Viscount Jocelyn,
Viscount Castlereagh,
Lord George Beresford,
Lord Arden,
Mr. Wellesley Pole,
Mr. Bathurst,
Mr. Long,

Mr. Chancellor of the Exche-
quer.

y read at the board a report from
Majesty's most honourable Privy
instant, in the words following

" Your Royal Highness having been pleased, by your order in
council of the 10th of December last, in the name and on the
behalf of his Majesty, to refer unto this committee a letter from
Earl Bathurst, one of his Majesty's principal Secretaries of State,
to the Lord President of the Council, transmitting copy of a letter
from Sir George Prevost, dated Quebec, the 18th of March, 1814,'
forwarding an address of the House of Assembly of Lower Canada
to your Royal Highness, with certain articles of complaint, there-
in referred to, against Jonathan Sewell, Esq. his Majesty's Chief

1. From the printed enclosure in the foregoing despatch, the Canadian
Archives, G. 7, page 46.

2. The Committee of the Privy Council consisted of the Lord President,
Earl Bathurst, Lord EUenborough, Sir William Scott, the Master of the
Rolls, Sir John Nicholl, Lord Chief Justice Gibbs and the Lord Chief
Baron.

8. See page 462.

CONSTITUTIONAL DOCUMENTS 471

SESSIONAL PAPER No. 29c

Justice of the Province of Lower Canada, and James Monk, Esq.
Chief Justice of the Court of King's Bench for the district of
Montreal; and also transmitting a memorial from the Executive
Coimcil Judges in the court of Appeal, and of the puisne Judges
of the Court of King's Bench for the district of Quebec, and of the
Court of King's Bench for the district of Montreal, in the said
province of Lower Canada, praying to be included in the examina-
tion and decision of the said articles of complaint, together with a
petition from the said Jonathan Sewell, Esq.; in which letter the
said Earl Bathurst requests that so much of the said complaints of
the House of Assembly, as relate to the rules of practice stated to
have been introduced by the said chief justices into their respec-
tive courts, may be submitted to your Royal Highness, in Council,
in order that, if such rules shall be found to have been introduced,
it may be decided whether in so doing the said chief justices have
exceeded their authority : the Lords of the Committee, in obedience
to your Royal Higihness's said order of reference, have taken the
said letter and its inclosures into consideration, and having
received the opinion of his Majesty's Attorney and Solicitor-Gen-
eral, and been attended by them thereupon, and having maturely
deliberated upon the complaints of the said House of Assembly, so
far as they relate to the said rules of practice, their Lordships do
agree humbly to report as their opinion to your Royal Highness,
That the rules, which are made the subject of such complaint of the
said House of Assembly of Lower Canada, against the said chief
justices, Jonathan Sewell, Esquire, and James Monk, Esquire,
which, their Lordships observe, were not made by the said chief
justices, respectively, upon their own sole authority, but by them,
in conjunction with the other judges of their respective courts, are
all rules for the regulation of the practice of their respective
courts, and within the scope of that power and jurisdiction with
which, by the rules of law, and by the colonial ordinances and acts
of legislation, these courts are invested, as consequently that
neither the said chief justices, nor the courts in which they preside,
have, in making such rules, exceeded their authority, nor have been
guilty of any assumption of legislative power."

Kis Royal Highness the Prince Regent, having taken the said report into con-
sideration, was pleased, in the name and oai the behalf of his Majesty, and by and with
tke advice of his Majesty's Privy Council, to approve thereof; and to order, as it is
hereby ordered. That the said complaints, so far as they relate to the said rules of
practice, be, and they are hereby dismissed this board. ^

(Signed) JAMES BULLER.

1. Chief Justice Sewell was apprehensive lest the decision of the Government might be
interpreted as applying only to the charges relating tc advice given to the Governor and to
the Rules of Practice and asked that all doubts as to the scope of the decisions should he
removed. Lprd Bathurst, in a letter to Mr. Sewell of July 27, 1815, stated that " the charges
not specifically adverted to in my letter, appeared to be, with one exception, of too little
importance to require consideration, and that (the one against Mr. Monk, which charges him
with having refused a writ of habeas corpus) was, as well as all the other charges which are
not founded on the Rules of Practice, totally unsupported by any evidence whatever.^' The
Canadian Archives, G. 7, page id.

472 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

BATHUEST TO DEUMMOND.i

Separate &
ConfiHential

Downing Street

12^'* July 1815
Sir

I transmit to you by the present mail a copy of the decision to which the Privy
Council have come after a full investigation of the charges brought by the House of
Assembly of Lower Canada against the Chief Justices M'' Sewell and M' Monk so far
as they related to points for which the Judges were responsible. As it is not improb-
able that the same spirit which led the assembly to bring forward those charges in
the first instance may induce them to urge them or similar charges at some future
period 1 deem it neces?ary to furnish you with instructions for your guidance in such
a case, and I have therefore to desire that in the event of this question being again
agitated and your having reason to believe that it will meet with a favorable recep-
tion in the House, you should forthwith dissolve the assembly before it shall have
proceeded to embody its resolutions in the shape of specific charges.^

I have the honor to be
Sir
Your most obedient

Humble Servant

Lieu* General BATHUEST

Sir Gordon Drummond K.C.B.
&c &c &c

EESOLUTIONS OF THE HOUSE OF ASSEIiIBLY ON THE DECISION IN
THE CASE OF THE BIPEACHMENTS.s

JOURNAL OF THE HOUSE OF ASSEMBLY, LOWER CANADA, SATURDAY, 24tH FEBRUARY, 1816.
*******

The order of the day, for the House in Committee, on the Eeport of the Special
Committee to whom was referred the Message from His Excellency the Administrator
in Chief, relating to the Order in Council on the Impeachments against the Honor-
able the Chief Justices, being read;

The House resolved itself into the said Committee.

Mr. Speaker left the Chair.

Ml'. Denechau took the Chair of the Committee.

Mr. Speaker resumed the Chair;

1. From the original in tlie Canadian Archives, G. 7, page 70.

2. See page 473.

3. 1- 1 om the Journals of the Rouse of Assembly, Lower-Canada, 1816, page 340.

In accoidance with Lord Batburst's instructions Drummond communicated the decision
of the l^rivy Council to the House of Assembly by a special message of February 2nd. (See
the Journals, page 96.) A specia) committee was then appointed " to report their opinion on
the must expedient manner of proceeding thereon.'^ On February 23rd, this committee
reported that the matters be disclosed.

The said Report is as f ollow eth : —

Your Committee having maturely deliberated upon the order of reference is of opinion,
that tlie matters disclosed in the said Message, will render necessary an humble representa-
tion and I'etition to His Royal Highness the Prince Regent, upon the subject; and that the
great importance of the matters involved in the said Message, make it advisable that the
■wisdom of the House should be consulted, and its sense taken preparatory to such Represen-
tation and Petition." {Journals of the House of Assembly, 1816, page 320.)

On the following day the House resolved itself into a committee to consider t!he above
report of the special committee and prepared the resolutions here given which were adopted
by the House.

/
CONSTITVTIOIJAL DOCUMENTS 473

SESSIONAL PAPER No. 29c

And Mr. Denechau reported, that the Committee had come to several Resolutions,

•which he was directed to submit to the House, whenever it shall be pleased to receive

the same.

Ordered, That the Report be now received.

And he read the Report in his place, and afterwards delivered it in at the Clerk's

Table, where it was again read.

The Resolutions contained in the said Report are as foUoweth:

Resolved, As the opinion of this Committee, that this House, acting in the name of
the Commons of Lower-Canada, in its proceedings relative to the Impeach-
ments of Jonathan Seivell, Esquire, Chief Justice of the Province, and
James Monk, Esquire, Chief Justice of the Court of King's Bench for the
District of Montreal, was influenced by a sense of duty, by a desire to
maintain the Laws and Constitution of this Province, and by a regard for
the public interest, and the honor of His Majesty's Government.

RESOL^'ED, As the opinion of this Committee, that the Commons of Lower-Canada
were entitled to be heard, and to have an opportunity of adducing evidence
in support of their Charges against the said Jonathan Sewell and James
Monk J Esquires.

Resolved^ As the opinion of this Committee, that the resistance and opposition of
the Legislative Council, of which the said Jonathan Sewell and James
Monk, were and are Members, to the right of the Commons of Lower-
Canada, to exhibit the said Charges, and the obstructions subsequently
interposed to the prosecution of them, prevented this Llouse from being
represented by an Agent to maintain and support the said Charges.^

Resolved, As the opinion of this Committee, that this House has always been, and is
desirous, of an opportunity of being heard on the said Charges, and of
supporting them by evidence, and hath reason to lament that no such
opportunity hath hitherto been offered to them.

Resolved, As the opinion of this Committee, that an Humble Representation and
Petition, on the behalf of the Commons of this Province, to His Royal
Highness the Prince Regent, be prepared, appealing to the justice of His
Majesty's Government, and praying that an opportunity may be afforded
to His Majesty's dutiful Commons of this Province, to be heard upon and
maintain the said Charges.^

DRUMMOND TO BATHURST.3

Duplicate. Castle of S*- Lewis

No. 107. Quebec 27*"^ Feby 1816

My Lord,

Since I had the honour of Addressing Your Lordship on the 12'^'^ of this Month,*

1. Ses page 456, note 2.

2. A committee was subsequently appointed to prepare a representation in accordance
with this resolution but its proceedings were cut short by a dissolution when the House met
on the 2(ith.

In dissolving parliament. Sir Gordon Drummond delivered the following address: —
" The House of Assembly has again entered on the discussion of a subject on which the
decision of His Royal Highness the Prince Regent, in the name and on the behalf of His
Maje-ity, lias already been communicated to them; and while I deeply regret that the Assembly
should have allowed any consideration to overbear the respect which His Royal Highness's
decision claimp<l, I feel it my duty to announce to you my determination to prorogue the pre-
sent Parliament, and to resort to tlie sense of the People, by an immediate Dissolution.."
(Jourridls of the Tlciise nf Assmiblij. ISIO. paTe 34S.)

3. From the original duplicate in the Canadian Archives, Duplicate Despatches, Lower
Canadn.

i. For a copy of this despatch see the Canadian Archives, Q. 136, page 28.

474 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

so intire a turn, has taken place in the proceedings of the House of Assembly, that,
it is with infinite regret I have to acquaint Your Lordship, I have been compelled, in
obedience to the Instructions contained in Your Lordship'" Secret and confidential
Despatch of the 12^^ July,^ to dissolve the Provincial Parlament.

In my Despatch of the 12*^^^ inst, I informed Your Lordship that the Message by
which I had communicated to the Assembly the pleasure of His Royal Highness the
Prince Regent, on the subject of certain charges preferred by that House against the
Chief Justices, had been productive of nothing more than a call of the House for the
14*1'.

At that time I had not the least reason to anticipate any troublesome or disagree-
able result from tie measure, — on the contrary, good grounds were given me to sup-
pose, that the consideration of the Message would be dropped in the Special Com-
mittee which I knew would be appointed for its reference.

On the 14:^^. a special Committee was, as I expected, named for the consideration
of the Message. It consisted of seven Members, and it was pretty well understood
they never meant to report.

On the 21^* however Mr. James Stuart, the chief instigator of the Charges, (who
until then had been absent) and another Member^ were added to the Committee.

I now began to be apprehensive of what would follow. On the 23^. the Committee
reported that it was advisable that the sense of the House should be taken whether
the matter disclosed in the Message did not render it necessary that another Petition
and Representation should be presented to His Royal Highness The Prince Regent
on the subject.

The sense of the House was accordingly taken on the 24*'*. when the Resolutions
of which I have the honour to inclose herewith, a copy, were passed.^

Finding therefore that the House was again bringing forward, and urging the
same charges, I felt it my duty, pursuant to Your Lordship'^ instructions, to dissolve
the Provincial Parliament before the manifest intentions of the Assembly could be
effected; which I trust wiU meet Your Lordship'^ approbation.

This measure was certainly unlocked for, or the Schemes of this branch of the
Legislature would have been less openly produced, and more warily agitated; for the
natural ill consequences of the dissolution, to the Interests of the Province, cannot
but be most severely felt, owing to the very distrustful system followed for years past
by the Assembly, of passing Acts, for one year only.

The Province will suffer so much from the temporary stagnation that must
necesarily ensue, e're the operations of the next Parliament can have come to its Aid,
that I should reasonably trust, the Assembly would from a regard to its interests alone,
be careful of again compelling His Majesty's Government to have recourse to the
same expedient.

With such a composition however as the late headstrong Assembly and indeed
several preceding ones, it is impossible to form ought but vague conjectures; and in
event of the same Members, or a majority of them, being unhappily returned to serve
again, I should not feel warranted in holding out to your Lordship much hope of
amendment.

It has evidently been the design of the Assembly in the late Session, to attend to
no business, with a view of perfecting it, until they had again brought forward their
chargies against the Chief Justices, setting at naught the decision of His Royal High-
ness the Prince Regent thereon. Your Lordship will find this observation fully veri-
fied when I inform you that altho' a Month elapsed between the opening and closing
of the Session, yet one Act only was passed, and that of a nature, comparatively
speaking, unimportant.

1. See page 472.

2. Mr. Bourdages.

3. See page 472.

CONSTITUTIONAL DOCUMENTS 475

-SESSIONAL PAPER No. 29c

I will now give Your Jiordship a few instances of the arrogant pretensions of
ihis Body, — pretensions which if not determinedly opposed to their extinction, will
not fail to lead to consequences the most disastrous to the Interests of the Mother
Country.

Shortly after the opening of this Session, I learnt, that under a Resolution of
the House passed in the Session of 1815 ;i the Clerk had made an appointment of a
certain person " to he their Law Clerk, with a suitable salary " ; and it appeared
to be the intention of the House to address me, for the purpose of fixing the amount
of that Salary, intimating at the same time, that the Sum of 200 p"". annum would be
a proper stipend.

Finding this glaring attempt at infringement of the Prerogative of the Crown
unlikely to succeed, The House did not think it expedient to send me the projected
Address, but continued to employ the Person as a Law Clerk, intending to remunerate
him largely, and charge it as a contingent expense of the House.

Now I must acquaint Your Lordship that in their anxiety to have this person
(a Mr Christie) as their Law Clerk, of their own appointment, for which he was not
to be indebted to the Crown, or to consider himself as its Officer, more was meant,
than met the eye.

I have good cause to believe it was their intention to employ this Mr Christie,
who is a young Lawyer, as their Printer, for which this 200 p"^ annum was to be a con-
sideration, if indeed the tendency of this person to bring into contempt, by every
means in his power. His Majesty's Government, wanted that inducement.

It happens that the Press that was used some years ago in printing the Paper
called " Le Canadian ",^ the Printer whereof, and others concerned in it, were arrested
and put into confinement during the Administration of the late Sir James Craig, —
this very Press is now in the hands of some of the most violent and factious Members
of the Assembly, and was to have been conducted and superintended by the person,
who in consequence of their appointment of him as a Law Clerk, would thus have
been considered their devoted Servant.

The necessity of such an Officer as Law Clerk in the House of Assembly, will not
appear to Your Lordship very great, when I inform you that a large portion of the
Members are Lawyers; still as the Legislative Council, who really were in want of
professional Assistance, had, upon their address praying for such an appointment
received that aid, I should not have hesitated to comply with the wishes of the House
•of Assembly, had they thought proper to submit them to me.

Your Lordship will I fear think me trespassing upon your time, in the length of
this communication, but on so important a subject, I feel it my duty to give Your
Lordship every information which may enable you to form a just opinion of the
Material of which this House of Assembly is composed, and what is to be expected
from the conduct of those, of similar construction hereafter.

A Bill having been introduced this Session for granting a salary to their Speaker
a Member very properly observed, that as the Prince Regent'^ pleasure had not yet

1. On March 14, 1815, the House resolved "that it is expedient that la Law Clerk ahould
be appointed, for the purpose of preparing Bills and other Law Papers for this House dui-
infj the present Parliament, and that the sum of two hundred pounds per annum should be
allowpd to the said Clerk, to commence from the 1st of November next." When the Assembly-
convened on January 26th, 1816, the Speaker reported that the Clerk of the House had
appo .ited Robert Christie to be Law Clerk and the appointment was thereupon approved.

Robert Christie, the historian of Lower Canada, was a native of Nova Scotia. He was
admitted to the bar of Lower Canada, and, as here indicated, became allied with the majority
in the House of Assembly. Later, however, he became a supporter of Lord Dalhousie's ad-
ministration and was elected to the House of Assembly for the county of Gaspe. He was
accused by the Assembly of having used his influence with Lord Dalhousie to secure the dis-
missal of several members of the House from the office of justice of the peace and on these
grounds was expelled from the House. He was repeatedly re-elected but was not permitted
to take his seat by the majority in the House. He represented the county of Gaspe in the
Assemb'v of tHp TTnitod Province from 1841 to 1854.

2. See page 378, note 2,

476 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

been received, upon the former Bill, it would be better not to enter upon a discussion
of the present one, — at all events vmtil some communication had been made to the
Governor on the subject.

To this, a Mr. Sherwood, born I believe, but certainly brought up, in the United
States of America, but who for some years has resided in Canada, replied, as nearly
as possible, in the following terms; "that opinions were offered to that House quali-
" fied by considerations to which he attached little consequence, — It was of no
" moment whether the former Bill was assented to or not, — he had great objections
" to the former Bill — it had limited the Salary of the Speal^er to the period of the
" Session, and seemed intended to impress him that it was at the good pleasure of
" Authority to deprive him of it, or to continue it : — that he spurned at debasement
" by references, where there was no necessity. The public purse was with that House
" to dispose of, and a prerogative never never to be ceded. He only knew of one King,
" the King of Great Britain, — neither Governors nor Ministers stood in his estima-
" tion other than as responsible officers, whose actions came within the notice of that
" House : — some people might consider Ministers as Saints, the point of view in
" which they stood before him was very different."

This Mr. Sherwood formerly lived in Upper Canada, and was a Member of the
Assembly in that Province, when 1 understand he pursued the same line of conduct.
On the breaking out of the late War, he removed to Lower Canada, to avoid serving
in the Militia of the Upper Province, which in the part of the Frontier where he
resided, was liable to be called out en masse, at a moments warning.^

The conduct of Mr. Papineau,- the Speaker of the Assembly I cannot but point
out as so particularly reprehensible, that I shall feel it my duty to remove him from
a situation he holds under Government, viz*. Judge Advocate of Militia. On all
occasions has this Gentleman manifested a marked contempt towards the Government,
and not only countenanced but also upheld by the influence of the chair in the House,
those who sought to undermine its interests, and just powers.

So far did the Speaker carry this contempt, as wholly to omit, (when the attend-
ance of the House was commanded in the Legislative Council Chamber,) paying that
respect which it was his particular duty to testify, to His Majesty's Representative.
He retired in the most abrupt and insulting manner, without offering the smallest
obeisance to the Throne, (which was particularly remarked by the Members of the
Legislative Council) and with a low expression of derision on his countenance, that
tho' not easily described, was visible to all present, and no doubt with the vulgar and
ignorant was esteemed spirited conduct.

The following will afford Your Lordship a specimen of the sentiments of Mr.
Papineau : He most strenuously advocated and supported all the Resolutions, and
on the subject of a Message I sent to the Assembly, to make provision for a trifling sum
which I had directed to be advanced on the emergency of the occasion, for mailing
repairs indispensably necessary to one of the Goals, The Speaker observed " That the
" most shameful abuses had existed in the manner of paying money, without first
" obtaining the consent of Parliament, and that until the Commons made a determined
" resistance, their political influence would never be established. — that in future when
" any new situation might be created, the salary as well as the Person to hold it,
"' should be mentioned in the body of the Act, and thus the Commons would have
" those men in power who the People chose, and no longer be subject to have f avour-

1. Samuel Sherwood represented the county of Grenville in the House of Assembly of
Upper Canada from 1800 until 1808. He was elected to the Assembly of Lower Canada for
the county of Effinsham in 1814 and again in 1816. Proceedings were taken against him in
1816 for the publif^aMon of a libellous article in Le Spectafptir Canadien.

2. Louis Joseph Papineau had been first returned to the House of Assembly in 1808 by
the county of Kent. From 1814 until 1830 he represented the western division of the city of
Montreal. He was elected Speaker of the House in January, 1815, in succession to J. A.
Panet.

CONSTITUTIONAL DOCUMENTS 477

SESSIONAL PAPER No. 29c

" ites in situation — that the nomination of Commissioners which had hitherto been
" left to the Governor, should no longer be permitted."

In direct defiance of that part of the Message in which was explained to the
Assembly the grounds on which His Royal Highness could not admit of the principle
that a Governor might divest himself of responsibility on the plea of advice given
him, Mr Stuart said " that the necessity of a responsibility on the part of any Execu-
" tive Counsellor who might advise acts which might be thought oppressive, was such,
" that every exertion should be made to bring the thing about, for without it there
"was no safety; for if shielded by the decision in question An Executive Counsellor
" could with impunity advise measures of an oppressive nature, The Governor not
" being amenable to any Court in the Country, and the delinquents in question not
" being amenable to any but a Tribunal in England^ which had decided without hear-
" ing, there must be an end of everything."

Mr. Lee^ another very turbulent member, and chief proprietor of the Press men-
tioned in a foregoing part of this Despatch, then said " that the House had seized a
" favorable moment when the Arms and resources of the Province were necessary for
" its defence, to suspend those grants (the Army and Militia Bill) until they had
"carried the measure, which their just complaint had every title to: — that the
" charges relating to the Rules of practice were so clearly stated as to be within the
" comprehension of the weakest mind, yet without hearing, it had been decided that
"they were unfounded, and that the Rules were such only as were authorized to be
"made by the Act."

On the introduction of the Bill for the Speaker'^ Salaiy, Mr Stuart observed
" that the Bill was regularly introduced, to defer therefore the discussion of it,
" because a former Bill was hung up, perhaps for ever, was no reason."

Notwithstanding all this debate, still as there were a number of Country Mem-
bers, poor ignorant people, who might naturally dread to insvJt the high authority by
which the decision on the Charges against the Chief Justices had been given, a great
deal of finesse and management was made use of by the factious party, to persuade
these ignorant Members that they had nothing to fear from the authorities insulted.

As much pains were taken to force upon the House a belief that they were con-
vinced of the magnitude of the evils complained of, and that it was incumbent on
them to persist in supporting former measures.

Thus my Lord I have endeavoured to give you a clear view of the Actual State
of the Interests of Great Britain, and of the estimation in which the authority of the
Mother Country is held in the House of Assembly of this Province.

The Picture is an alarming one, but I have felt it to be my duty to bring it before
Your Lordship's consideration, in its true light.

I have the honor to be
My Lord

Your Lordship'* Most obedient humble Servant

The Right Hon^e
The Earl Bathurst
&c* &c» &c»

GORDON DRUMMOND

1. Mr. Thomas Lee had represented the county of Northumberland since 1809. He was
later elected for the lower lo'.vu division of the city of Quebec.

478 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

RESOLUTIONS OF ASSEMBLY, LOWER CANADA, RE CONSTITUTION OF

PROVINCIAL COURTS.i

Mr. Denechau, from the Committee of the whole House, to take into consideration
the existing constitution of the several Courts of Justice, both Criminal and Civil, in
this Province,^ and to consider the means by -which the same may be ameliorated, and
the dispensation of justice rendered certain and uniform through all parts of this
Province, reported, according to order, the Resolutions of the Committee; and he
read the Report in his place, and afterwards delivered it in at the Clerk's Table, where
the Resolutions were again read, as followeth, videlicet:

Resolved, As the opinion of this Committee, that ■ the present constitution of the
. Provincial Courts,^ is ill calculated for administering the Laws with that
certainty, uniformity and dispatch, so essential to the preservation of the
lives, liberties and property of all classes of His Majesty's Subjects within
the Province of Loiver-Canada.
Resolved, As the opinion of this Committee, that it is expedient and necessary to
change the constitution of the existing Courts of Appeal, and of the three
Courts of King's Bench having original jurisdiction for the cognizance of
Criminal and Civil Pleas, within each of the Districts of Quebec, Montreal
and Three-Rivers, respectively, and to establish in lieu thereof, a more
uniform Provincial Court of Appeals, one Court of King's Bench for the
cognizance of Criminal Pleas, throughout the whole Province, and one
Court of Law for the cognizance of Civil Pleas throughout the same.*

Resolved, As the opinion of this Committee, that it is expedient and necessary that a
Superior Court of Civil Jurisdiction, to be called the Court of Appeals for
the Province of Lower- Canada, he constituted and erected, and be composed
of His Majesty's Chief Justice of the Province, and of four Associate
Justices, with Salaries sufficient to enable them to maintain the indepen-
dence of their station, who, or any three of whom, shall have an Appellate
Jurisdiction, and may take cognizance of, hear, try and determine, all
causes, matters or things, appealed, or to be appealed, from all Civil Juris-
dictions and Courts, wherein an Appeal by Law is or may be allowed.

Resolved, As the opinion of this Committee, that it is expedient and necessary that a
Superior Court of Criminal Jurisdiction, to be called the Court of King's
Bench for Criminal Pleas, of and for the Province of Lower-Canada, be
constituted and erected, and be composed of the Chief Justice of the Prov-
ince, and the four Associate Justices of the Court of Appeals, so to be
established as aforfesaid, who, or any three of whom, shall have Original
Jurisdiction to take cognizance of, hear, try and determine, all Crimes and
Criminal Offences, committed within the said Province of Lower-Canada,
conformably to the existing Laws.

Resolved, As the opinion of this Committee, that it is expedient and necessary that a
Court of Law for Civil Pleas, of and for the Province of Lower-Canada, be

1. From the Journals of the House of Assembly, Lower-Canada, 1815, page 374,

2. The committee here referred to was formed by resolution of the 27th February, 1815,

and was oidertu '" to consider the best means to seciare the independence of the Puisne Judges,
and their undivided attention to the dispensation of justice." Journals of the House of
Assemhu,, J,c^vfpr Canada. 1815. Da<re 276.

3. For the Act constitting the provincial corts of Lower Canada, see page 125.

4. In the old province of Quebec and in the province of Lower Canada prior to 1794, a
distin ■'" betwe?" f^ivi' anj crirninal jnri'^dicti'^n in the orp'anizati'^n of t'le
courts, the Court of Common Pleas dealing with civil cases and the Court of King's Beaich with

'criminal a-es. (8ee Cousiitulmnal Uotinnenis. Shortt and Doushty, 1907, pj). 464 and 471.)
B-^ the .Tudicatnre Act of 1794 the Court of Common Pleas was abolished and the Court of
King's Bench entrusted with the trial of both criminal and civil cases. Already this organiza-
tion was being found unsatisfactory and the principle laid down in these resolutions was in
later years adopted at the basis for the reconstitution of the judicial system of the province.

CONSTITUTIONAL DOCUMENTS 47»

SESSIONAL PAPER No. 29c

constituted and erected, and be composed of eight Puisnes Justices, with
Salaries sufficient to enable them to maintain the independence of their
station, who, or any two of whom, in each of the said Districts of Quebec,
Montreal and Three-Rivers, shall have Original Jurisdiction, and may take
cognizance of, hear, try and determine, all Causes of a Civil nature, and
where the King is a party, (those purely of Admiralty Jurisdiction excepted)
conformably to the existing Laws of this Province of Lower-Canada.
Resolved, As the opinion of this Committee, that it is expedient and necessary, that
of the Judges of the said Court for Civil Pleas, of and for the Province of
Loiver-Canada, three of the said Judges shall be particularly nominated and
appointed to reside within the District of Quebec, three to reside within
the District of Montreal, and two of the said Judges to reside within the
District of Three-Rivers, each and every of whom shall nevertheless have a
concurrent right, and be at all times competent, in case of necessity, to
assist in the said Court for Civil Pleas in the several Districts of the said
Province.

Pe3ui ved. As the opinion of this Committee, that an Humble Address be presented
to His Royal Highness the Prince Regent, praying that he would be graci-
ously pleased to give instructions to the Governor in Chief, to sanction a Bill
carrying into effect the Humble Resolutions of this House.

CONSTITUTION OF THE COURT OF APPEALS, LOWER CANADA.^

Copy. ^ 2 Lincolns Inn

16"^ Nov^ 1815
My Lord

We have had the honor to receive your Lordship's Letter of the 2'* Ult° trans-
mitting to us a Letter from Lieu* General Sir Gordon Drummond dated Quebec the
22^ July last,^ stating that doubts have arisen whether the Honorary Members of the
Executive Council are entitled to act as Judges in the Court of Appeals, and referring
to certain Acts of the British and Colonial Legislatures on the subject. Your Lordship
by the Command of His Royal Highness The Prince Regent is pleased to desire that
we will take the same into our consideration and report to you our opinion of the Case
as stated by General Drummond.

In obedience to your Lordship's commands we have considered the same, and have
the honor to report that there is no distinction in the Terms of the appointments of
the regular and the Honorary Members of the Executive Council, except that the latter
cannot attend unless specially summoned, and are not to receive any Salary for their
attendance. The Oath administered to both, and the functions to be performed by
both when the latter are summoned are the same, and no distinction is pointed out or
alluded to in the Statute of the 31^*^ Geo 3'^ or the Colonial Statutes; we therefore
think that Honorary Members of the Executive Council when summoned are duly
qualified to sit as Members of the Court of Appeals.-^ .

We have the honor to be &e

Signed W. GARROW
Earl Bathurst S. SHEPHERD

&<= &°
True copy
of a Copy

Robert R. Loring

Secy.

1. From the original in the Cana/dian Archive*, Sundries, Lower Canada, 1814.

2. For this despatch see the Cpnadian Archive^, Series Q., vol. 132, page 254.

3. In connection with the appointment and powers of the honorary members of the-
Executive Coui;cil, see the correspondence of Lord Dorchester, pp. 170 et seq.

480 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

OPINION ON THE PRIVILEGES OF THE HOUSE OF ASSEMBLY AND ON
THE CASTING VOTE OF THE SPEAKER OF THE LEGISLATIVE
COUNCIL.i

2 Lincoln's Inn

30«> December 1815
My Lord,

We have had the honor to receive your Lordship's letter of the 20*** Instant, trans-
mitting to us two papers containing questions which have arisen on the constniction of
the Act of 31''* Geo: 3'"'^ Chap. 31. respecting the Government of Canada; and desiring
us to take the same into our consideration, and to report to you our opinion thereupon
in point of Law; we have accordingly considered the same, and as to the questions
stated in the paper N°* 1^ which we have returned with our report, first " Whether by
" the several Clauses referred to the Assembly of Lower Canada is entitled to any
"privileges under that Statute," we beg to report to your Lordship that we consider
the Members of the Assembly of Canada entitled to such Privileges as ai*e incidental to,
and necessary to enable them to perform, their functions in deliberating and advising
upon, and consenting to laws for the peace, welfare & good Government of the
Province.

In answer to the second question, "Whether the Assembly is entitled to all the
** Privileges to which the House of Commons of the imperial Parliament are entitled
" under their own peculiar Law, the Lex Parliamentaria "

We beg to report, that we think they are not so entitled. The Privileges of the
High Court of Parliament composed of the King, The Lords spiritual, and temporal,
and Commons of the Realm, are founded on the antient law and Custom of Parliament
and we conceive arise from the supremacy, or as it is sometimes called, the omnipo-
tence of this High Court, when the Parliament or great Council of the Nation thus
composed sat together in one Assembly; Tho' the period when the two houses separ-
ated in their sittings, is not ascertained, yet whenever that event took place, each house
retained certain privileges and powers; The Lords the judical power; the Commons
the power of accusation and impeachment, and to both remained the right to pass bills
of Attainder, and of pains and penalties to be assented to or rejected by the King, and
each retained the original right of asserting, deciding upon, and vindicating the
mighty privileges of their separate houses, but still we apprehend as constituent parts
of our great Council or High Court of Parliament by virtue of their united Supremacy.
To measure by this standard the privileges of Legislative Assemblies created either by
the King's Charter, or by Act of Parliament, for the purpose of enacting Laws for the
peace, welfare & good Government of any particular Colony, or district, part of the
Dominions of the Crown of the United Empire, would be to give to subordinate bodies
the mighty power of supremacy. The King, by his charter, could not, we apprehend,
grant such powers, and tho' Parliament might, if it should deem it expedient, bestow
them, yet unless it has so specifically done, such powers cannot belong to them as inci-
dent to their Creation and Constitution. If these powers and privileges belong to
colonial Legislatures as arising from or by analogy to the Law & custom of Parlia-
ment, they must belong as well to the Legislative CounciF as to the House of Assembly,
and then the judicial power in the last resort upon matters arising in the Colony,
would be in the Legislative Council; the right to impeach would be in -the House of
Assembly; and the right to tiy & adjudge such impeachment would belong to the
legislative Council; they would each have a power with the assent of his Majesty to
enact Bills of Attainder, and of pains and penalties; it is however clear that by the
Statute the Legislative Council have no judicial powers, belonging to them, neither

1. From the copy in the Canadian Archives, Series Q.^ vol. 134-1, page 127.

2. See page 483.

8. This position was mainitained at the time of ibe impeachment of Justice Toucher, see
page 513.

COXSTITUTIOXAL DOCUMENTS 481

SESSIONAL PAPER No. 29c

have the House of Assembly any power of Impeachment in the legitimate sense of the
word, however they may use the term in any accusation or complaint they may make,
either to his Majesty in Council or in any petition they may present to the Parliament
of the United Empire.^

This claim to possess the same privileges as belong to the House of Commons has
sometimes been asserted by certain colonial assemblies, as was done in the year 1764
by the House of Assembly of Jamaica, but we apprehend it has never been admitted or
recognized, tho' in that particular instance it appears to have been thought expedient,
so far to comply with their complaint, as to direct the succeeding Chancellor of the
Island to vacate and annul the proceeding which had given oifence to the House of
Assembly. That the House of Assembly of a Colony is not entitled to the same privi-
leges, nor has the same power in vindicating them as belong to the House of Commons
of the imperial Parliament has been the opinion of very great and eminent Lawyers
in former times. — Such was the opinion of the late Lord Camden,^ when Attorney
General, as expressed in these words, " Our house of Commons stands upon its own
" laws, the lex Parliamenti, whereas Assemblies in the Colonies are regulated by their
''respective Charters, Usages, and the Common Law of England, and will never be
^' allowed to assume those privileges which the house of Commons is entitled to justly
■" here upon principles that neither can nor must be applied to the Assemblies of the
" Colonies."' Such appears also to have been the opinion of Lord Mansfiehr k Sir
Richard Lloyd,'* and the same is to be collected from an opinion given by Sir Simon
Ilarcourt" and Sir Edward Nortliey'' in the year 1704, and from the opinions of
other persons of Eminence, on Cases on which this question has individually arisen.
Thirdly, it is enquired, if the House of Assembly are not entitled to the privileges
founded upon the lex Parliamentaria to what extent they are entitled? We beg
leave to obsers-e that as no particular privilege is stated, as that, to which claim is
now made, it is difficult to give a precise answer to this question, or to point oufi the
privileges to which they are by Law entitled, otherwise than by giving a general
tiutline. —

The House of Assembly of Upper Canada has not existed long enough to have
established privileges by usage; the Act of Parliament has not delineated any, and we
therefore conceive the outline to comprize and to be confined to such only as are
directly & indispensably necessary to enable them to perform the functions with
which they are invested, and therefore may be fairly said to be incidental to their
constitution. We mention some of these as examples; personal liberty, eundo, rede-
undo ct morando, or freedom from arrest, in civil Cases;' a power to commit for such
Acts of contempt in the face of the House of Assembly as produce disturbance and
interruption of their proceedings,^ the freedom of debate upon the subjects of the
Laws to be enacted or considered; they think also they would have the power of

1. See the statement of Sir Geo. Prevost in connection with the impeachment of Sewell
and Monk, page <€2 and also the Resolutions of the House of Assembly, page 443.

2. Charles Pratt, first Earl of Camden became Attorney General on the elder Pitt's
accession and latpr became Chief Justice of the Court of Common Pleas.

3. William Murray, first Earl of Mansfield succeeded Pelham as Attorney General to the
Duke of Newcastle's Administration, and later became Lord Chief Justice of the Court of
Kind's Bench.

4. Sir Eichard Lloyd, D.C.L., admiralty advocate, 1674-85; chancellor of the dioceses of
Landaff and Durham, Judge of the High Court of Admiralty, IfiSo.

5. Simon, first Viscount Harcourt, succeeded Sir Edward Northey as Attorney General
on 25th April, 1707, but resigned that ofBce on r2th February, 1708. He was re-appointed to
succeed Sir James Montague on 19th September, 1710.

6. Sir Edward Northev held the office of Attorney General from 1701 to 1707 and from
1710 to 1718.

7. In this connection see the proceedings relating to the arrest of John Young, supra
page 162 et seq., and also the argument and judgment on the application for the release of
Pierre Bedard, supra, page 420 ct seq.

8. See the proceedings in the House of Assembly, Upper Canada, relating to the action
of Chief Justice Scott in liberating Eobert Nichol after he had been arrested on a warrant
issued by the Speaker of the House of Assembly.

29c— 31

482 CANADIAN ARCHIYES

4 GEORGE v., A. 1914

expelling a Member convicted by any competent Tribunal of a crime of an infamous
nature, and as to this latter instance, we are Avarranted by an opinion of Lord Mans-
field and Sir Richard Lloyd in the year 1755. '^ The right of regulating and ordering
their own proceedings in their Assembly consistently with the Statute must neces-
sarily be incident to them, and as to the privilege of deciding upon the right of
sitting either in legislative Council, or the house of Assembly, this can no longer be
a question of privilege, because such right is in certain cases given by the 31^' of Geo :
3*^ Ch. 31 to the Legislative Council as to their Members^ and is enacted by the
Provincial Statute of the 48*^ Geo. 3'^ Chap. 21^ as to the houses of Assembly.

As to the question stated in the' paper N° 2* which we have also returned with
this Report, " whether the course of proceeding therein described is the legal course of
" proceeding in the legislative Council of Lower Canada under the Statute of the 31^*
" of Geo. 3"^*^ Ch. 31," we beg to report to your Lordship that we conceive the true
meaning of a casting vote to be that of a second vote given to some Member
of the constituted body in case there shall be an equality of votes
including such members original vote: the phrase however is also in
common parlance used as descriptive of the vote of some particular member
or officer of such Body, Avho by its constitution has no vote in the original deliberation
or decision of the question proposed, but whether it is to be understood in one sense
or the other must be decided by the Charter or Act of Parliament constituting the
body, if it be extant; or by antient & immemorial usage if no such Charter or Act can
be found : — The ancient and immemorial usage of the house of Commons, manifesting
the Law & Custom of Parliament, is the foundation of the practice of the Commons'
House of Parliament, which does not, and cannot apply to the Legislative Council of
Canada — To decide the present question, resort must be had to the Act of the 31**
Geo. Ill Ch. 31, for neither in the regulation of their own proceedings, nor in any
other respect can the Legislative Council act against the provisions of that Statute.
If the Parliament had meant that the person who should be appointed Speaker should
be thereby deprived of any of his rights or franchises as an individual Member, and
should not vote unless the other Members (exclusive of himself) were equally divided,
we are of opinion the Statute would have been penned in very different terms ; there is
nothing in the Clause referred to which divests the Speaker of any of the rights belong-
ing to him as a Member of the Legislative Council separate and distinct from the Office
or Character of Speaker. Tho' the Legislative Council is not confined to any definite
number yet it may frequently happen that the number of which it is composed, or the
number which may attend, will be an even number ; Upon such occasion if the Speaker
were excluded from giving an original vote, a majority might exist on a question on
which he might think with the minority, and by that means he would be deprived of the
exercise of his right or franchise. To prevent the inconvenience of equal division,
when his vote is included, it was, that the Statute gave the casting vote to him on an ,
equality of Voices, — and we are of the opinion that the giving the casting vote in terms
was meant to give a vote or power of voting superadded to his original vote as an
abridgement or in derogation of his original and inherent right of voting as Member.
We therefore report to your Lordship that we are of opinion that the proceeding stated

1. See the proceedings in the House of Assembly, Lower Canada, relating to the expul-
sion of Charles Bouc, page 285.

2. See Constitutional Act, section 12, Consiiiiiiional Documents, Sliortt and Doughty,
1907. p. 697.

3. See page 332.

4. See page 484.

CONSTITUTIONAL DOCUMENTS 483

SESSIONAL PAPER No. 29c

in the paper N° 2 is the legal course of proceeding, and that the Legislative Council
has put a right construction on the Act of Parliament.

We have the honor to be
My Lord,
Your Lordship's most
obedient Servants

W GAKEOW,!
S. SHEPHERD'
To tlie Right Honorable
Earl Bathurst

N° 1.

By the second section of the Schedule 31 Geo. III. Cap. 31, It is enacted, "That
" his Majesty, his Heirs or successors, shall have power during the continuance of this
" Act, by and with the advice and consent of the Legislative Council and Assembly of
" such Provinces," (Upper and Lower Canada respectively) to make " Laws for the
"peace, welfare & good government thereof, such Laws not being repugnant to this
"Act."

By the 27*-^ Section of the same Statute, It is enacted " That the said Legislative
" Council and Assembly in each of the said Provinces, shall be called together once at
" least in every twelve Calendar Months, and that every Assembly shall continue for
" four years from the day of the return of the Writs for chusing the same ; and no
"longer, subject nevertheless to be sooner prorogued or dissolved."

And by the 28*-*^ Section, it is enacted, " That all questions which shall arise in
" the said Legislative Councils or Assemblies, respectively, shall be decided by the
" majority of voices of such Members as shall be present, and in all cases where the
" Voices shall be equal. The Speaker of such Council or Assembly, as the case shall
" be, shall have casting Voice."

These are all the Clauses of the Statixte That relate directly or indirectly, to the
Authority, Power, Rights or Privileges of the Assembly of Lower Canada, or of its
members; yet under these Clauses, That Assembly claims .ill the Privileges, to which
the House of Commons of the Imperial Parliament is entitled, and exercises them, as
often as opportunities occur for that purpose.

Questions.

Is the Assembly of Lower Canada entitled to any Priviledges under these Clauses
of the Statute ?

Are they entitled, to all the Priviledge to which the House of Commons, of the
Imperial Parliament, are entitled, under their own peculiar Law, The Lex Parlia-
mentaria ?

And if not. To what Extent are they Entitled?

Endorsed: N° 1

1. Sir William Garrow was born on the 13th April, 1760. He was admitted a student at
Lincoln's Inn in 1778 and called to the bar in 1783. He succeeded Sir Thomas Plumer as
Solicitor General to Lord Liverpool's Administration in 1812, and was appointed Attorney
General on ith May, 1813. In 1814 he al«o received the appointment of Chief Justice of
Chester. He was admitted to the Privy Council on 22nd February, 18.32, and died on 24th
September, 1810.

2. Sir Samuel Shepherd was born on 6th April, 1760. In July, 1776, he entered the Inner
Temple, and on the 23rd November, 1781, was called to the bar. He was appointed Solicitor
General to the Crown in 1813 and in 1817 Attorney General. He refused in 1818 the offices of
Chief Justice of the courts of King's Bench and Common Pleas. In 1819 he accepted the post
of Lord Chief Baron of the Court of Exchequer for Scotland and became member of the
Privy Council on 23rd July of the same year. He died in 1840.

29c— 31i

484 " CANADIAN ARCHIVES

4 GEORGE v., A. 1914
N° 2.

By the 28*^^ Section of the Statute 31 Geo. III. cap 31, It is enacted, with respect
to the Legislative Councils and Assemblies of the Provinces of Upper and Lower
Canada — as follows, viz " That all questions which shall arise in the said Legislative
" Councils or Assemblies respectively, shall be decided by the Majority of Voices of
" such members as shall be present, and that in all cases where the voices shall be equal,
'' The Speaker of such Council or Assembly, as the case shall be, shall have a casting
" Voice."

In the Assembly of Lower Canada The Speaker according to the usage of the
English House of Commons has never voted until there was what is commonly called
a " Tye " and he has then given his Vote. But in the Legislative Council, the Speaker
according to the practice of the House of Lords has always in the first instance given
his Vote as a member, and afterwards in case of a " Tye " has given his casting Voice,
declaring the question to be decided in favor of the side for which he voted.

This mode of proceeding in the Legislative Council, was continued until the last
Session of the Provincial Parliament, when its legality being doubted by some members.
It was dismissed and declared by a resolution of the House to be the legal course of
proceeding, under the above mentioned Statute.

Question.
Is this the legal course of proceeding in the Legislative Cuuneil of Lower Canada
under the above mentioned Statute.

Endorsed : N° 2.

PKOCEEDINGS KELATIVE TO THE APPOINTMENT OF A PKOVINCIAL

AGENT, LOWER CANADA.^

JOURNALS OF THE HOUSE OF ASSEMBLY.

Saturday IS'^^ February, 1815

Mr. Bnineau, from the Committee- of the whole House, to whom it was referred
to consider the necessity of having an Agent or Agents residing in Great Britain, for
the purpose of attending to the interests of this Province, reported, according to order,
the Kesolutions of the Committee : and he read the Report in his place, and afterwards
delivered it in at the Clerk's Table, where the Resolutions were again read, as
f olloweth :

Resolved, That it is the opinion of this Committee, that it is necessary for the
inhabitants of this Province, that a person fitly qualified, be appointed an Agent near
His Majesty's Government in the United Kingdom of Great Britain and Ireland, for
the purpose of soliciting the passing of Laws, and for the transacting of such public
matters, as shall be from time to time committed to his care, for tlie good of the said
Provinee.'

Resolved, That it is the opinion of this Committee, that the concurrence of the
Honorable the Legislative Council, in the said Resolution, be desired.

1. From the Journals of iJiP Bonsr of .is'<eiiihlij. Lower Cniiada, 1S15.

2. The House resolved itself into a Committee of the Whole on 31st January, 181 5_, for
the purpose of considering " the necessity of having an Agent or Agents, residing in Great
Britain, for the purpose of attending to the Interests of this Province." The committee
reported on 17th February, that they had prepared resolutions which were the game as those.
here given. Journals of the House of Assembly, Lower Canada, 1815, pp. 96, 198, 210.

3. The Legislative Assembly had already frequently proposed the appointment of a
provincial agent and the powers which it proposed to confer on the agent may. be seen from
the bill prepared in 1810. See page 369.

CONSTITUTIoyAL DOCUMENTS 485

SESSIONAL PAPER No. 29c

On motion of Mr. Lee, seconded by Mr. Bmneau,
Ordered^ That the question of concurrence be now separately put upon the said Reso-
lutions.

Accordingly, the said resolutions were again severally read, and the question of
concurrence being separately put thereon, they were agreed to by the House.
Resolved^ That this House doth concur with the Committee, in the said Resolutions.
Ordered, that Mr. Lee do carry the said Resolutions to the Legislative Council.

Friday, 3^ March, 181.5.
A ]\res5age from the Legislative Council by Mr. Smith, Master in Chancery:

Legislative Council,
Thursday, 2^ March, 1815.
Resolved, That in the opinion of this House, the Governor, Lieutenant Governor, or
Person Administering the Government of this Province for the time being,
is the fit and constitutional channel of communication between the Legis-
lative Bodies in this Province, and His Majesty'^ Government in the
United Kingdom of Great Britain and Ireland.
Resolved, Therefore, that this House doth not concur in the measure proposed in the

Message of the Assembly of the eighteenth February last.
Ordered, That the Master in Chancery do go down to the Assembly with the Resolu-
tion of the twenty-third of February last, and the Resolution of this day.

Monday, 20^'' March, 1815.

Mr. Lee, from the Committee to whom was referred the Written Message from the
Legislative Council, of the second instant, upon the Resolution of this House, com-
municated to them, relative to an Agent for this Province, to be appointed to reside in
the United Kingdom of Great Britain and Ireland, in order to solicit the passing of
Laws, and attend to the interests of this Province, reported, that the Committee had
enquired into the object of the said Message, and had come to an opinion thereon,
which h<a was directed to submit to the House, whenever it shall be pleased to receive
the same : and he read the Report in his place, and afterwards delivered it in at the
Clerk's Table, where the said Report was again read, as follows :

Your Committee took into its serious consideration the contents of the Message
;om the Legislative Council, delivered to this House on the third instant.

Your Committee is of opinion, that the Governor is the proper ana constitutional
'hannel of communication between the Legislative Bodies in this Province, and His
Majesty's Government in the United Kingdom of Great Britain and Ireland, but that
it does not follow that the Province ought to be deprived of an Agent resident in
Great Britain to solicit the passing of Laws, and attend to the interests of the
province at the seat of the Lnperial Government.

Your Committee has had occasion to recur to the usages of the British
Colonies, and among others that of the Island of Jamaica. It is observed,
that in the last mentioned Colony, Laws are passed from time to time for that
purpose; and the Bills which have been introduced into this Hoiise, are Copies of the
Act to appoint an Agent for the Island of Jamaica. It does not appear that the
Imperial Government, or the Branches of the Legislature in that Island, have ever
held that it is a contravention of the principles of the Colonial Governments, to have
an Agent resident in the United Kingdom.

The necessity that the Colonies should have an Agent, will appear evident, if it be
considered that each Branch of the Colonial Legislature has a right to Petition the
Branches of the Imperial Legislature; a right which is common to all His Majesty's
Subjects. Although the Governor may transmit the Petitions of the respective

486 CANADIAN ARCHIVE,^

4 GEORGE v., A. 1914

Branches of the Legislature, to the Foot of the Throne, he cannot without much ditH-
culty and inconvenience transmit those to the House of Lords and House of Commons.
and he could not support them himself before those Houses, nor solicit the passing of
Laws, nor conduct many affairs which can only be conducted by a person himself resi-
dent in Great Britain. By whom then can this be done, unless by an Aj?ent resident
therein ?

The Colonial Legislature would otherwise, in certain cases, be deprived of the
J-ight of petitioning, and always restrained in its exercise; which would also be the
ease with respect to the Imperial Legislature, in the exercise of its undeniable privilege
of receiving and hearing Petitions from the Colonies — a thing not to be supposed: —
and all measures tending to deprive the Colonies of that right of petitioning, and the
Imperial Parliament of receiving the Petitions, would be high infringements of the
rights of the Imperial Parliament, and of the rights of the Colonial Legislatures.

But a peculiar and pressing necessity exists that the Province of Lower-Canada
should have an Agent resident in Great Britain, to allay the uneasiness of its Inhabi-
tants; more especially at the present moment, inasmuch as they fear that endeavors
are now making to prejudice against them the Imperial Government and the JJritish
Nation, and to effect a change in the free Constitution which British wisdom has con-
ferred upon them, by means of an union of the two Canadas, of which the Language,
Laws and LTsage-, totally dift'er.^ — That uneasiness w^ill cease whenever they shall
have an Agent resident in England. The obstacles encountered by this House, in the
prosecution of the Impeachments against Jonathan Sewell and James Monlc, Esquires,
afford additional reason for the nomination of an Agent for the Province.'

On motion of Mr. Lee, seconded by Mr. Gaiivreau,
Resolved, That an Humble Address be presented to His Excellency the Governor in
Chief, praying His Excellency to be pleased to represent to His Royal High-
ness the Prince Regent, the desire of the Inhabitants of this Province to
have an Agent resident in the United Kingdom, and the expediency of their
having an Agent so resident, and to pray His Royal Highness to be pleased
to give instructions to the Governor of this Province, to recommend to the
Provincial Legislature the appointment of such an Agent.

DRHMMOXD TO BATHURST.'

Castle of St. Lewis

Quebec 6"' March 1816
Duplicate
N° 111.

My Lord

With reference to my Dispatches of the 27'^' & 28'^ Hit" N°'^ 107* & lOS,' I
have now the honour to acquaint Your Lordship that with the advice and consent of
the Executive Council of this Province, I issued my Proclamation on the 29^^ IJlt°.
dissolving the Provincial Parliament and calling a new one, the Writs to bear test the
8*** Instant and to be returnable on the 25*^^ April next.

1. The contest between Sir James Craig and the Honse of Assembly had indicated clearly
the possibility of a political deadlock, and the union of the two Canadian provinces was
serionsly considered as a means of avoiding snch an issue. The question of union is dis-
cussed by Sir James Craig in his despatcli to Liverpool May 1st, 1810, and forms the subject
of &, special opinion of the Chief Justice, see pages 395 and 400.

2. See page 45G, note 2.

3. From the contemporary copy in the Canadian Archives, Duplicate Despatches, Lower
Canada. 1816.

4. For Sir Gordon Drummond's despatch No. 107, see page 473.

5. For Sir Gordon Drummond's despatch No. 10S of Feb. 26, 1816, see Duplicate
Despatches Lower Canada, 1816.

COySTITUTIONAL DOCUMENTS 487

SESSIONAL PAPER No. 29c

I before represented to Your Lordship my apprehensions, that necessary as this
measure certainly was to arrest the proceedings of the Assembly who were thus flying
in the face of the Government, and displaying the utmost contempt for its authority,
still in event of the same Members or a Majority of them being again returned to
serve in Parliament, little or no alteration in their sentiments or conduct was to be
expected.

The Advertizements of two of the Candidates which I herewith transmit, wilP
convince Your Lordship that this opinion was not formed without sufficient grounds.
As it would be 'wholly useless in such a case to call together the ensuing Parlia-
ment for Dispatch of Business, I shall feel it my duty to await Your Lordship's
Instructions for my further guidance in event of the same line of conduct being
persevered in by the House of Assembly, in again bringing forward and urging charges
on which the decision of His Royal Highness the Prince Regent has already been
communicated to them.

I must therefore request Your Lordship's earliest consideration on this Subject,
and

Have the honor to be
My Lord

Your Lordship's
Most Obedient

Humble Servant

GORDON DRUMMOND.

The Right Hon'^'^

The Earl Bathurst

&c &c &c

BATHURST TO SHERBROOKE.'

Downing Street

31'^ May 1816.

Sir,

Since I last had the honor of addressing you I have received Sir Gordon Drum-
mond's dispatch of tlie 27"^ February'' announcing the reasons f"r which he had felt
himself compelled to dissolve the Assembly and reporting the general temper of that
body.

His Majesty's Government cannot conceal from themselves that if the succeeding
Assembly should be animated with a spirit similar to that displayed in the late pro-
ceedings of their predecessors it will be in vain to expect from them that attention to
the interests of the Province which might under other circumstances be looked for
from them or those votes of Money which are indispensible to the carrying on tlie
public Service. Under these circumstances it becomes a matter of necessity to
ascertain as far as possible the Amount of Revenue which is placed at the disposal of
the Grown independent of the Bills annually passed by the Legislature and to retain
at the disposal of Government all Funds whether derived from these or other sources
of which the Crown is now legally in possession. I am therefore to desire with a view
to the former object that you will as soon as possible furnish me with a statement of the

1. The advertisements here referred to are those of Pierre Bruneau to the electors of
the Lower town of Quebec, and Peter Brehaut to the electors of the county of Quebec, asking
support as a vindication for their action in voting: for the res'olutions which b-oi^rh*: ii'.out
the prorogation of the As^^embly.

2. From the original despatch in the Canadian Archives^ G 8, page 75.
.3. See page 473.

488 CA^'ADIAX ARCHIVES

4 GEORGE v., A. 1914

permanent ReA^enne of the Province^ and the ordinary and extraordinary charges
upon it and that you would until further directions from hence forbear to actupon ray
dispatch of the 10*'* May in which I directed you to transfer to the Trustees of the
Royal Institution for the advancement of Learning the Estates which formerly
belonged to the Order of Jesuits.' For although His Royal Highness The Prince
Regent is most anxious to add to the means of promoting the education of His
Majesty's Subjects in Canada by the appropriation of the produce of these Estates in
the manner already pointed out to you yet the necessity of providing for the other
necessaiy expences of the Province in the event of the Legislature declining that duty,
compels His Royal Highness to retain at his disposal the Funds which he was under
other circumstances prepared altogether to abandon and which he is not the less
desirous of appropriating annually to the purposes of education whenever the Legisla-
ture shall previously, provide for the current expences of the Year. — Should the conduct
of the succeeding Assembly correspond with that of the Assembly so recently dissolved
you will of course see the necessity of not defraying from the Funds remaining at the
disposal of the Crown any charge for which the Legislature have hitherto been in the
habit of specially providing by annual Grants; as it will be for His Majesty's Govern-
ment hereafter to decide upon a review of the whole actual charge of the Colony com-
pared with thei means of defraying it how far the charges for which provision has
heretofore been annually made are proper to be defrayed out of the permanent
Revenues of the Crown.

I have tlie Honor to be
Sir,

Your most obedient

Humble Servant

BATHURST.
L* General

Sir John C. Sherbrooke G.C.B.

&G &C &C

BATHURST TO SHERBROOKE.^

Downing Street

7"* June 1816
Sir,

Upon your arrival in Canada your attention will naturally be directed to the
causes which led to the dissolution of the Assembly of the Province by Sir Gordon
Drumniond^ and it appears desirable that you should at the same time be in pos-
session of the views of His Majesty's Government on this subject in order to regulate
YOur future conduct towards that body.

Although His Majesty's Government are always averse to the exercise of this Pre-
rogative of the Crown in any case in which it can witli safety be dispensed with yet

1. A classification of the revenne of the Crown may be found in Lord Dorchester's
message to the Provincial Legislatiire of April 29. 1794. See page 262, note 2.

2. Frequent representations had been made to the British government by Bishop
Mountain on the absence of adequate facilities for the education of the youth of the province.
The Royal Institution for the Advancement of Learning had been formed in 1802 for the
piirpose of establishing a system of public instruction. This corporation was closely allied
with the Church of England and in consequence was unable to secure ajipropriations fro;ii
the House of Assembly. It was therefore under the necessity of appealing to the governor for
aid from the crown revenues and, as here indicated, Lord Bathurst had decided to appro-
priate for its use the lauds known as the Jesuit Estates. For Lord Batliurst's despatch of
May 10th, 1816, see Canadian Archives G. 8, page 65.

3. From the original despatch in the Canadian Archives, G. 8, page 79.

4. For Sir Gordon Drummond's statement of the causes of the dissolution, see page 473.

CONf^TITVTIONAL DOCUMENTS 489

SESSIONAL PAPER No. 29c

they have felt no hesitation in giA'ing to Sir Gordon Drummond's conduct in this par-
ticular instance the sanction of their entire approbation. For the Resolutions passed
by the House of Assembly on the 24**^ Feb^ 1816^ being no less than an inculpation of
the High Tribunal to which their complaints had been regularly submitted for decision
it was necessary to mark in the most signal manner the impropriety of a proceeding
the only effect of which could be to perpetuate feuds and animosities by reviving com-
plaints already pronounced to be groundless by the only competent Tribunal. Should
the new Assembly adopt the same measures or be animated by a similar spirit of
resistance to the authority of His Royal Highness The Prince Regent in Council, His
Majesty's Government, feel that you may again be compelled to resort to the same
exercise of the Royal Prerogative in order to maintain the rights and dignity of the
Crown, But while any other mode appears to you to exist of resisting the attempts of
the Assembly either in this or in other instances not so immediately affecting the
Royal Prerogative you will avoid resorting to the extreme measure of a dissolution. —
Hitherto His Majesty's Government have had a constant resource on ordinary occa-
sions in the firmness and temper of the Legislative Council nor is there any reason to
doubt that they will continue as far as in them lies to counteract the more injudicious
and violent measures of the House of Assembly. It is therefore on every ground most
desireable that you should avail yourself of their assistance for the purpose of cheeking
those proceedings of the Assembly which you may consider objectionable rather than
to bring either your authority or that of His Majesty's Government into immediate
conflict with that body and thus to give them a pretext for refusing to the Crown the
supplies necessary for the Colonial Service.

I have the Honor to be
Sir,

Your most obedient
Humble Servant

BATHURST
L*^ General

Sir J. C. Sherbrooke G.C.B.
&." fe'^ &''

SHERBROOKE TO BATHURST.^

Castle of St. Lewis

Quebec 15"^ July 1816
Separate Duplicate.

My Lord.

On my arrival here I received communication of Your Lordship's dispatch of
the 12th July 1815/ marked " Separate and confidential " instructiiig Sir Gordon
Drummond under particular circumstances to dissolve the Assembly; And having given
to it the serious and attentive consideration it deserves, I feel it my duty to submit to
Your Lordship the sentiments which have arisen in my mind on a perusal of it. and
to request to be informed from Your Lordship how far I am to consider It as applying
to the Government of my conduct under similar circumstances.

It is not for me my Lord to remark on the risque of embarassment and the possible
evils that may arise from restraining the discretion of a Governour in those delicate and
difficult circumstances which must often occur in the management of a popular Assem-
bly; and in which, if left to himself, he might find means from his knowledge of the

1. These resolutions contain a criticism of the Articles of Impeachnaent against Chief
Justice Sewell and Chief Justice Monk, which were disposed of, see page 472.

2. From the contemporary copy in the Canadian Archives, Duplicate Despatches, Lower
Canada.

3. For this despatch see page 472.

490 CA^NADIAlSf ARCHIVES

4 GEORGE v., A. 1914

views and characters of the different parties to carry to carry on the Public business
without coming- to extremities; These considerations, I am persuaded, had been fully
weighed by His Majestys Government before they in their wisdom gave that instruc-
tion to which I have alluded, — and by the very imperative terms of which I should
have conceived myself debarred of all choice or disci'otion. if it had been addressed to
me.

But, as at present situated, I feel myself entitled to bring before Your Lordship's
view, that the measure adopted by Sir Gordon Drummond in consequence of that
command, — if it was intended to have its effect by changing for the better the Repre-
sentation of the lower House, has entirely failed in its operation as far as I have been
able to learn since my arrival; and not only so but has in no small degree aggravated
the evil by causing much irritation both among the Representatives and in the country ;
and by leading- to the general re-election of the same members, or, in those few
instances where a change has taken place, it is believed to be for the worse, by the
exclusion of the most moderate of the Canadian members of the former House.

I cannot here avoid submitting to Your Lordship niy humble opinion, that, in this
Country, whero there is no room for the exertion of a Salutary government influence
such as exists in England the strong measure of a dissolution must in almost all
possible circumstances of the country produce rather evil than advantage; And can
never have that effect which may be given to it in England by the exertion of the
different means that may be brought into action there for the correction of popular
opinion and for securing to the Crown a stronger influence in Parliament.

But notwithstanding this opinion, which, with the most respectful deference, I thus
submit to Your Lordship, you will not doubt that I shall be ready to carry into full
execution the strongest measure that His Majesty's Government shall think proper to
prescribe.

There does not appear any necessity for calling together the Assembly before the
usual period, — at the commencement of the winter; And I shall hope to receive before
that time the pleasure of His Majesty's Government, (if it should still be thought
necessarj' to give specific instructions) as to the course I am to pursue in case the
House of x\ssembly recur as there is scarcely a doubt that they will, to the subject
which has lately led to a dissolution of that body.

I have the honour to be
My Lord

Your Lordship's
Most obedient

humble servant

J. C. SHERBROOKE.

Tlie Eight Honourable

The Earl Bathurst.

BATHURST TO SHERBROOKE.i

Duplicate
Confidential

Downing Sti-eet

30^'^ Sepf 1816.
Sir,

I have the honor to acknowledge the receipt of your dispatch of the 15*^'' July
marked separate relative to the instructions given to Sir Gordon Drummond in the
preceding year for the dissolution of the Assembly.

1. From the original despatch in the Canadian Archives, G. 8, page 146.

CONSTITUTIONAL DOCUMENTS 491

SESSIONAL PAPER No. 29c

You will before this time have received the dispatch wliich I addressed to you upon
this subject on tlie 31^' May last^ and you will have observed how much I coincide
in your opinion as to the advantage of withholding this exercise of the Royal Preroga-
tive in every case in whieh it is possible either to carry on the public business by means
of the existing Assembly or to devise any other means of counteracting their factious
and irregular proceedings. The ground of my instruction to Sir Gordon Drummond
was the belief founded upon information received from persons well acquainted with
the circumstances of the Province that it would be possible in time of Peace to defray
from the permanent Revenue of the Province without assistance from the Legislature
the necessary expences of the Civil Government and that consequently it would not be
necessary to keep the Assembly in Session if when met they were disposed to recur to
the subjects which have already been considered and decided by His Royal Highness
The Prince Regent in Council. The whole policy of repeated prorogations or dissolu-
tion turns upon this point for I entirely concur with you in opinion that under present
circumstances there is but little reason to expect in the first instance an improvement
in the composition of the Assembly from the measure of a General Election. If there-
fore you shall be of opinion either that the Session of the Assembly cannot be dispensed
with or that you possess means of counteracting the effects of their intemperate
violence when met you will consider yourself at full liberty to exercise your own discre-
tion as to a recurrence to prorogation or dissolution.

I have the Honor to be
Sir,
Your most obedient

Humble Servant

BATHURST.
X* General

Sir J. C. Sherbrooke G.C.B.
&c &c &c

PROPOSED CHANGE OF LAND TENURE.

(Memorial of John Caldwell.)^

To the Bight Honourable the Earl of Bathurst, One of His Majesty's Principal
Secretaries of State, die., &.c., &c.

The Memorial of John Caldwell, Esq., of the Province of Lower Canada, humbly
represents.

That Your Memorialist holds under His Majesty several Tracts of Lands in
Seigneurie in the aforesaid Province.

That Your Memorialist is extremely desirous of settling the aforesaid Lands with
persons who might be induced to emigrate tliithcr from this Country.

That the circumstance of those Lands being held by feudal tenure and neces-
sarily subject to feudal obligations from which no conventional agreement can legally
free them, forms an insuperable bar to any persons from the United Kingdom becom-
ing Settlers thereon.

That Your Memorialist has been advised that the only method practicable to
answer the desirable purpose of converting the Tenure of the aforesaid Lands into
that of free and common soccage would be by Your Memorialist being permitted to
surrender those Lands to the Crown and His IMajesty being graciously pleased to re-
grant tire same to him in free and common soccage.

That should His Majesty be graciously pleased to approve of such method Your
Memorialist woidd beg leave to resign into His Majesty's hands such parts of the

1. See page 487.

2. From the Canadian Archives, Series G. 8, page 210.

492 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Seigneurie of St. Etionne and Gaspe as have not been granted in concession by Your
Memorialist or his predecessors.

That the above named Seigneuries consist together of about forty thousand
French Arpents^ of which not more than Four Thousand are under Settlement.

Your Lordship's memorialist therefore prays that such instructions may be given
to His Majesty's Governor General of the Canadas as may enable your Mcmorinlist
to carry into effect the object which lie has stated.

And your Memorialist will ever pray.

London, April 5, 1816.

JOHN CALDWELL.

BATHURST TO DRUMMOND.' •

Downing Street, May 4, 1816.

Sir. — Herewith I have the honour to transmit to you the Copy of a Memorial
which has been addressed to me by Mr. Caldwell. His Majesty's Government having
acceded to the request contained in it, you will be pleased to take the necessary steps
for receiving back from Mr. Caldwell on the part of the Crown, and afterwards
rogvanting to him in the manner proposed, the Lands alluded to in his Memorial.

I have, &c.,

Your most obedient humble servant,

BATHURST.

Lt. General Sir Gordon Drummond
&c. &c. &c. &c.

COCHRANE TO CHIEF JUSTICE SEWELL.'

Castle of St. Lewis, Quebec, August 3, 1816.

Sir. — I am directed by His Excellency the Governor in Chief to inclose to you
a dispatch which he has received from the Earl Bathurst, together with a memorial
from John Caldwell, Esq''^ praying permission to surrender to the Crown certain
lands therein specified, held by him in Seigneurie, and that they may be regranted to
him in free and Common Socage; on which Memorial Lord Bathurst has directed Llis
Excellency to take the necessary steps for receiving back on the part of the Crown
and regranting to Mr. Caldwell in the manner proposed, the Lands alluded to by him ;
and I am to desire that you will lay these papers before a Committee of the Whole
Council for their report and opinion on the mode which it may be advisable to adopt
for carrying into effect these commands of His Royal Highness the Prince Regent.

His Excellency is also desirous that you should at the same time call the atten-
tion of the Committee to the gracious appropriation made by His Majesty of the
Casual and Territorial Revenue as established prior to the conquest (of which the
Droit de Quint forms a part) to the purpose of defraying the Civil Expenses of the
Province: which appropriation was formally recognized in the Message of Lord
Dorchester on the 29th April, 1794, to the Provincial Legislature."

1. The arpent de Paris is equivalent to aljout one-sixth of an English acre.

2. John Caldv.'ell, only son of Henry Caldwell was appointed Receiver General of Lower
Canada and became eleventh seisrneur of Lanzon on the death of his father in 1810. He was
appointed a member of the Legislative Council in 1812.

3. From the Canadian Archives, Series G, 8, page 2C8.

4. From the Canadian Archives, Series G, 8, page 235.

5. For the message of Lord Dorchester of the 29th April, 1794, see page 2€2, note 2.

CONSTITUTIONAL DOCUMENTS 493

SESSIONAL PAPER No. 29c

His Excellency tliiiiks it proper that the Committee in framing tlieir report on the
present reference should take this solemn relinquishment on the part of the Crown,
into consideration, in order that they may be enabled to state their opinion w'hether
it forms an obstacle to His Majesty's taking upon himself, without a Legislative Act.
to change the tenure of lands originally granted en Seigneurie; and which are now
Subject to the payment of the Quint as aforesaid, appropriated towards defraying
the Civil Expenses of the Province.

Should the Committee be of opinion that His Majesty still possesses the power
of authorizing his Representative to receive back lands originally granted en Seig-
neurie, and to reconvey them to the present proprietors by a grant in free and com-
mon Socage. — ^His Excellency desires that the Committee will then consider how such
new grant would operate on those parts of the said lands that had previously been
conceded to Individuals e?i roture, whether a Droit de Quint would be payable to the
Crown for the conceded part of the Seigneurie upon sale of the w'hole Seigneurie,
or of the conceded part only; And, if so, by what rule, or authority, the proportion
of alienation fine to be paid, is to be estii^dished.

His Excellency further desires to have the opinion of the Committee as to the
mode in which the change of tenure is to be effected, — whether simply by a record in
the King's papier terrier or by an instrument under the Great Seal; if by the latter
mode, whether it must be considered as a new grant, — and whether it would be
affected by the 36*'^ Clause of the British Statute 31, Geo. 3, Cap. 31.i

His Excellency not having as yet been able since his arrival' to inform himself
on these several points, it Avill be satisfactory to him to receive as full and conclu-
sive a Eeport upon them as the Committee shall be enabled to form.

I have the honour to be, sir,
With respect,

your most obedient humble servant,

ANDREW Wm. COCHRAN/

Assistant secretary.

1. Clause 36 of the Constitutional Act of i791 made provision for the appropriation for
the support of a protestant clergy of land equal in value to one ?eventh of the Crov;n Lands
granted frpm time to time. If the re-s;ranting of lands formerly held by feudal tenure were
to be considered as new grants the question of the right of the protestant clergy to obtain
its share naturally became of great importance.

2. Sir John Sherbrooke was appointed Governor in Chief in March, 1816, but did not
arrive at Quebec until July 12. He took the oath of office on the same day.

3. Andrew William Cochran was born at Windsor. N.S., in the year 1792. He attended
King's College, Windsor, of which his father Rev. Wm. Cochran was vice president. He
held the office of assistant civil secretary during the administration of Sir Geo. Prevost and
Sir Gordon Drummond and that of civil secretary under Sir J. C. Sherbrooke and the Earl
of Dalhousie, which position he filled ,with distinguished credit. Previous to the suspension
of the constitution he was law clerk of the Legislative Council and from 1827 to 1841 was a
member of the Executive Council. Subsequently he was made a judge of the Court of Queen's
Bench. He died on 11th July, 1^9.

494 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

REPOKT OF A COMMITTEE OF THE EXECUTIVE COUNCIL.^

To His Excellency Sir John Coape Sherbroolce, G.C.B., Captain General and Gov-
ernor in Chief of the trovince of Lower Canada, &c., &c., &c.

Report of a Committee of the whole Council Present, The Hon'''^ The Chief Justice
of the Province in the Chair, M'^' DeBonne, M"" Irvine, M"^ Duchesnay, M"^
Perceval, M'' Mure and M^'Justice Pereault on Your Excellency's Reference of a
Dispatch from the Earl Bathurst transmitting a Memorial from Johli Caldwell,
Esq*", praying that he may be permitted to surrender to His Majesty certain Lands,
heretofore granted in seigneurie for the purpose of their being regranted to him
in free and common socage.

May it please Your Excellency

Whereas Your Excellency hath been pleased to call for the opinion of this Com-
mittee in a Letter from M'^' Secretary Cochran, addressed to the Chairman of this
Committee, dated the 2>^ August, 1816, in the Words following:

{Here follows the letter immediately preceding.)

The Committee having taken into their most serious Consideration the above
recited Reference of Your Excellency, have now the Honour, after several meetings,
humbly to submit their Report and opinion thereon.

Your Excellency appears to have been struck with the Consequences that must
naturally result from the Change of Tenure proposed, and the Committee 'have there-
by been impressed the more deeply with the Importance of the Subject, and induced
to investigate the more deliberately those Difficulties which in their opinion cannot
be adjusted in a manner consistent with the Interests of His Majesty's Subjects in
this Province but by Legislative Interference.

The gracious appropriation which His Majesty has made of the Casual and Ter-
ritorial Revenue (of which the Droit de Quint forms a part) towards defraying the
Civil Expenses of the Province, officially communicated by Lord Dorchester's Message
of the 29''^ April, 1794,' to the Legislative Council and Assembly, induced the Legis-
lature to pass an Act for regulating the Collection of the arrears of Mutation Fines
due to His Majesty' which Act finally received the Royal Assent and might be urged
as a Proof of His Majesty's gracious Intentions with respect to the appropriation of
that Branch of the Provincial Revenue. But this Committee cannot venture to decide
whether, in strict Right, the Laws antecedent to the Conquest, and which are now in
force, regulating the Tenure of Lands held en Fief et Seigneurie, together with
the Solemn Relinquishment on the Part of the Crown announced to the Provincial
Parliament by Lord Dorchester's Message form an obstacle to His Majesty's taking
upon himself to change the Tenure as prayed for by M"^ Caldwell; yet the Committee
conceive it to be their Duty to offer to Your Excellency as their opinion. That the
Royal Word of His Majesty was so far pledged to His Subjects in this Province, by
the Message above mentioned, that the Committee cannot see how this obstacle can
be removed without the Concurrence of the Provincial Legislature, more especially
as M' Caldwell, in his Memorial, offers no Equivalent, and as the Earl Bathurst, in
his Dispatch, does not make mention of any Compensation for the Mutation Fines
which would thus be lost to the Province.*

1. From the Canadian Archives State Book I, Lower Canada, page 17.

2. See page 262, note 2.

3. See Statutes Lower Canada, 1799. Cap. X, sec. XI.

4. The amounts of the Droit de Quint for the two previous years were as follows: —

1814, £ 369—15—7.

1815, £ 687—2—3.
and for the year, 1816, £ 247—10—0.

COXSTITUriONAL DOCUMENTS 495

SESSIONAL PAPER No. 29c

From the Nature of the Tenure in free and common Socage, the Quint could be
exacted only on the sale of those Parts of the Property already conceded en rotnre;
and it would cease to be payable on the Part which had been relinquished to the
Crown and regranted in free and common Socage.

With respect to the Authority for regulating the Proportion of Mutation Fine
that would, afterwards, be payable; it must, in the humble opinion of the Committee,
be regulated by the Legislative Body.

Having already taken the Liberty to express their Sentiments with respect to
the necessity for Legislative Interference, the Committee cannot hesitate respectfully
to suggest, that neither a Record in the Papier Terrier, nor a Grant under the Great
Seal (as practised with regard to the Waste Lands of the Crown) would alone give
sufficient Validity to the proposed Reconveyance, under a new Tenure, of Lands
originally granted en seigneurie.

With respect to the concluding Enquiry, " Whether such new Grant would be
affected by the 36 Clause of the British Statute 31^' Geo. Ill, Cap 31?" They do
not perceive in this Clause, nor in the Royal Instructions^ for granting Waste or
Crown Lands, any Provisions that apply to Lands which having heretofore been
granted en Seigneurie should be relinquished to the Crown for the Purpose of being
regranted in free and common Socage. But that which strengfhcu the opinion that
such a Change of Tenure was not by that Act contemplated for this Province, in
so far as relates to the Lands held under the Tenure aforesaid, is, that by the 43'', 44"'
and 45*^^ Clauses of the same Act,^ special Authority is given for a Change of Tenure
in the Upper and Lower Provinces as far as respects Lands oiily which after the pas-
sing of that Act might be granted in the said Provjutr-.-;; and hence it may fairly ])e
inferred that the Concurrence of the Legislature is absolutely necessary thereto in
both the said Provinces ; especially in the Lower, where nearly all the Lands that had
been granted antecedent to the Conquest; and previous to the passing of that Act,
and infinitely the greater part of those which are at present under Cultivation
throughout the Province, are held under the Tenure first mentioned.

The Committee think it necessary to observe. That there are some Rights of
Individuals which, in their opinion, might be affected by the proposed change of
Tenure, amongst the Principal of which are those which arise from Hypoiheques or
Mortgages, general or special on Seigneurial Property. And, unless Public and Legal
Means are provided to meet such a Change of Tenure, it is to be apprehended that
not only the Grantees or Purchasers at second hand, in free and common Socage,
but even the Mortgagees themselves might be deprived of their Rights.

In obedience to Your Excellency's Commands the Committee have thoughf it
their Duty to enter thus fully into a Question so important and interesting to all
His Majesty's Subjects in this Province, and as further information is contained in
a Report of the Council for the Province of Quebec, made in the year 1790 upon a
similar Question, they hereunto annex a Copy of that Report.

1. See the Article of Instruction to Lord Dorchester, Articles 33 et seq. infra, page 21.

2. See Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, page 706. Clause
44 provided that any person holding land in Upper Canada and having power of alienation
could surrender euch lands to His Majesty by petition to the governor, or lieutenant gov-
ernor and receive a fresh grant in free and common eoccage.

496

CANADIAX ARCHIVES

4 GEORGE v., A. 1914

Upon the wliole the Coininittee are liuinbly of oi)inioTi. that it would be ailvisable
to submit the entire question to the Eeconsideration of His Majesty's Ministers.^
All u'liich is most respoctfuIJy submitted to Your Excellency's Wisdom.

Executive Council Chamber,
Quebec, 16 August, 181G.

By order,

L** General

Sir J. C. Sherbrooke, G.C.E.

J. SEWELL,

Chairman.

OriNION OF CHIEF JUSTICE SEWELL ON THE CHANGE OF TENUKE

OF LAND.=

Quebec, 2'Oth iVugusJ;, 1816.

SiK. — Li obedience to the Commands of Your Excellency I have the honor of
submitting the substance of the reasons urged by me before Your Excellency in
Council, in vindication of the opinion entertained by me upon the application of
Mr. Caldwell to surrender the Seigneuries of St. Etienne & Gaspe into the hands of
the Crown and for a re-grant of the same in free and common soccage. .

There appears to my mind to be in this application nothing but what is perfectly
consistent with that liberty in the disposition of property, whch experience has shown
to be most advantageous to all Governments, unless therefore there is positive law
to prevent it; it ought I think to be allowed, and I am humbly of opinion that there
is no law to prevent it.

The grounds of this opinion are as follow : —

1**^. Antecedent to the Conquest in the year 1759, it was lawful for the Crown of
France to accept a surrender of any lands which had been granted by the Sovereign,
and upon the resumption of such lands it was also lawful for the Crown of France
to re-grant the same, — and although it is not perhaps Material to the argument which,
I hold, yet I will add, that I conceive the Crown in such cases (if the lands surren-
dered were wild & uncultivated) might have regranted them in Franc Aleu, that is
freed from every reditus and from all feudal burthens — (Denizart Edition of Le
Camus Verb. Franc Aleu) or upon a fixed & certain but perpetual reditus (Chopin
ll^ 493 & 494).

2^. Independant of the rights of the Crown of England, His Majesty acquired
by the Conquest & Cession of Canada, the rights of the Crown of France in this
respect —

3"^. Lands consequently may be surrendered to His Majesty and may be regranted,
and the Statute 31, Geo. Ill C. 31, Sec. 43, having enacted—

" That in every case, where lands shall be hereafter granted within the province
" of Lower Canada, and where the Grantee thereof shall desire the same to be
•'granted in free & Common Soccage, the same shall be so granted," His Majesty
(if he sees fit to re-grant, and the person to whom such re-grant is to bo made, prays
that his grant may be so made in free & common socage which is the case of Mr. -
Caldwell) not only may, but must grant in free and Common Socage.

But against this very plain Statement, it is objected^

1'K That by the Statute 31, Geo. Ill, Cap. 31, Sec. 44 surrenders in Upper
Canada are specially provided for while the Act is silent as to Lower Canada.

1. The report of the committee of the Executive Council together with the special opinion
of the chief justice was transmitted by Sherbrooke to Lord Bathurst in his despatch No. 22
dated Augrust 24, 1816. See the Canadian Archives, series Q. 137, -page 133.

2. From the Candian Archives, Series Q. 137, page 141.

CONSTITUTIONAL DOCUMENTS 497

SESSIONAL PAPER No. 29c

2<i'y. That by Lord Dorchester's Message to the provincial Legislature of the 29th
April 1794 the Casual & Territorial revenue of all lands holden of the Crown under
every description of Tenure '" was ordered to be applied towards defraying the Civil
expences of the Province."

To the first of these objections, I answer that it is founded on a mistako, the
4-1^'^ Clause of the English Statute 31 Geo., Cap. 31, having provided only for sur-
renders made by persons not having any Legal Titles to Lands held by them,
& consequently liaving in fact nothing to surrender — Viz. for persons holding lands,
under certificates of occupation i.e., under bare permissions at will, to cultivate-
so that surrenders of Lands granted stand in both Provinces on the same footing.

To the second objection I answer —

That by the British Statute 14, GJeo. Ill, Cap. 83. It is enacted that the Casual
£ Territorial revenue of Canada "should remain, & be continued to be, levied, col-
lected and paid, in the same manner, as if that Act had never been made.'' That ia
that this re'. enue '"should remain" as if the Act had never heen made, and should
also, be continued to be levied, collected and paid as if the Act had never been made,"
and it does therefore remain charged upon all property which by law may be subject
TO it, but at the same time the prerogative of the Crown with respect to such pro-
perty remains also in the same manner as if the Act had never been made, because
the prerogative cannot be affected without express words, for that purpose. If there-
fore it be true that the Crown of France might ante-cedent to the Conquest have
-accepted a surrender of Lands wild & uncultivated but holden under a feudal Tenure
& have re-granted the same in Franc Aleu or on a certain perpetual reditus this is
now the prerogative of His Majesty which the Message cannot have affected, because
certainly it cann°t have contradicted the provisions of this Statute. — But I answer
also to this objection — That this Message is (at the utmost) an appropriation of the
Casual & Territorial revenue which His Majesty may receive from the property of
the Crown, & not a relinquishment <,f that property, or of any rights which he may
possess over it. The Message states " That the Governor lays before the Assembly
Accounts of the provincial revenue of the Crown from the commencement of the New
Constitution to the 10"^ of January 1794;" being "First the Casual and Territorial
revenue which His Majesty has been most graciously pleased to order to be applied
towards defraying the Civil Expences of the province," An order given in the Spirit
of the Statute 18, Geo. Ill, C. 12, which appropriates the Taxes levied in the Colonies
for the regulation of Commerce by British Acts of Parliament to the use of the
Colony in which they are raised, and unless therefore it be possible to say that this
Statute appropriating the revenue which may bo received from duties imposed for
the regulation of trade by British Acts of Pa^'I'amont, has relinquished the rights of
tlie Imperial Parliament over the imposition & regulation of the duties which pro-
duce that revenue; It cannot be said that His Majesty by the Message which con-
tains a similar appropriation of his Casual & Territorial revenue, and no more has
relinquished his rights over the property, which produces this last mentioned revenue.
The Committee in their Keport have also stated that difficulties might occur in case
of a surrender & re-grant if there should be at the time of the surrender any Mort-
gages upon the Lands surrendered — To which I answer, can not in my belief purg(^
such Mortgage, & that the land in my opinion, would pass to the Crown & and from
the Crown to the next Grantee, charged with the whole.

The Committee have also referred to a report of a Committee of the whole Coun-
cil of the year 1788 upon a Change of Tenure in which it is stated to have been their
opinion, that a Legislative Act would be necessary to enable the Crown to grant in
free & Common soccage to which I answer, that such a Legislative Act, has since
been passed & that by 43 Section of the British Statute 31 Geo. Ill, Cap. 31, it ia
not only enacted as I have stated, that in all future Grants the Crown "may" but
"must" grant in free & Common soccage if the Grantee requires it.

29c— 32

498 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

To what I have said, I added iu Council, that the whole of the revenue arising
from Seigneuries in the province from the year 1791 to 1816 did not exceed £12,000
according to the Accounts annually laid before the Assembly.

That the Change of Tenure would increase the population by enabling the Seig-
neurs to sell their lands (which they cannot now do,) or to lease them at a fixed
reditus without fines upon Mutations or other Casual charges.

That the Seigneurs would immediately become really men of property & form an
Aristocracy of landed interest — English, Scotch & Irish Farmers would be induced
to cultivate the Wastes of the present Seigneurs, by being enabled to obtain land free
from the feudal burthens — and a better system of Agriculture would thus be intro-
duced,— A spirit of industry would also be excited, because the improvements of the
Tenant would enure to his own benefit without the depreciation of the Mutation
Fine or the consequences of feudal restraints, & the Crown would be amply compen-
sated for the loss of the Quints by the Taxes paid by the New Settlers & the aug-
mented means of defence afforded to the province by an increased population.

Being upon these grounds of opinion that the directions contained in the dispatch
of Earl Bathurst, respecting the surrender of the Seigneuries of St. Etienne & Gaspe
(which are yet in a wild & uncultivated state,) and, a regrant of the same to Mr.
Caldwell in free & common socage, are clearly founded in law, and are politically
expedient in an eminent degree, I could not coincide in the statement made by the
Committee in support of their report, though at the same time, I readily acquiesced,
in the propriety of submitting the measure to the reconsideration of His Lordship
in consequence of the opinion entertained by the Committee.

I have the honor to be &c.

(Signed) J. SEWELL.
His Excellency

Sir J. C. Sherbrooke, K.G.C.B.
&c &c &c

OPINION OF LAW OFFICERS ON CHANGE OF TENURE OF LAND.^

2 Lincoln's Inn,

22^ January, 1817.
My Lord,

We have the honor to receive your Lordship's letter dated the 18^^ Instant trans-
mitting to us the Copy of a dispatch addressed by Your Lordship to the Governor of
Canada, and of the reply which has been received from Sir J. Sherbrooke relative to
the power of the Crown to accept the surrender of lands granted to Individuals in
Canada for the purpose of regranting them in free and common soccage and your Lord-
ship is pleased to desire that we will take the same into our consideration and report
to your Lordship our opinion whether there is either under the Statute of the 31 Geo r
3rd Cap 31, or under the Law originally prevailing in the province as referred to in
the minutes of the executive Council, any legal objection to changing the Tenure of
Land in Canada in the manner recommended.

In obedience to your Lordship's Commands we have considered the same and we
beg leave to observe that if it was intended to change the Tenure of any lands without
the consent or desire of the persons possessing such lands or at once to effect a general
alteration of Tenure, there is no doubt that it could not be done without an Act of
the legislative bodies with the assent of his Majestj^ but the question is whether, if

1. From the Canadian Archives, Series G. 9, page 31.

COKSTITUTIONAL DOCUMENTS 499

SESSIONAL PAPER No. 29c

lands are surrendered to his Majesty and thereby become revested in the Crown, His
Majesty may not by virtue of his prerogative grant such lands to be holden by a
tenure different from that by which they were formerly holden (provided the tenure
on which they are so regranted be one which is lawful in the province). That a man
holding of the Crown may surrender his land to the Crown of whom he holds we
conceive to be clear and also that the Crown may regrant theui upon such terms or
tenure recognized by law as shall seem fit, unless restrained by some law or act of
Parliament. Looking at the British Acts which relate to the province of Canada
we do not find any such restriction of tlie Royal Prerogative as applicable to this
Case. By the 14*'^ Geo. 3^, Ch. 83,^ the Title under which any lands were then holden
was not to be affected by that Act but was to remain as if the Act had never ijassed.
But by the same Act a power to grant Lands in free and common Soccage by the
Crown is recognized, because after the eighth Section has directed that the laws of
Canada shall be the rule of decision in all matters of controversy relative to property
and civil rights, the 9*'' Section provides that such provision shall not extend to any
lands that have been or may be granted by His Majesty in free and common Soccage.
This Statute imposes no restraint on the ordinary rights of the Crown, but merely
leaves all subsisting tenure unaffected by that Statute. There is by the 43"* Section
of the 31^* Geo. 3'^'^ Ch. 31, a restriction of the prerogative as to the tenure on which
lands shall be granted in Upper Canada because by that Section his Majesty can
only grant lands in free and common Soccage, and all the consequences which follow
such tenure by the law of England must follow such tenure in TJ: Canada.

With respect to the province of lower Canada there is also a partial restriction
upon the prerogative as to granting Lands to be holden by any other Tenure tlcan
free and common Soccage — namely where the Grantee shall desire to have them
granted in free and common Soccage there they must be so granted. These pro-
visions however do not affect the right of His Majesty to accept a surrender of lands
holden in Seigneurie and to grant such Land in free and common Soccage, tho' they
compel his Majesty in certain cases to grant them to be holden by such last men-
tioned tenure. The 4#'^ Section does not apply at all to this Case, and neit'hei'
enables nor restrains his Majesty as to any powers of granting Lands in Lower
Canada, but relates to the giving good and valid Grants of Lands in Upper Canad;i,
holden under an incomplete or informal Title by a mere Certificate of occupatiou.
Wo do not consider that the message of Lord Dorchester^ as far as we collect the con-
tents from the papers could be deemed restrictive upon the prerogative of the Crown
to accept a Surrender of Lands holden in Seigneurie or to grant such Lands after
they have been revested in the Crown in free and common Soccage.

The 36*^ 3 Section of the 31^* Geo. 3<^, Ch. 31, does not in terms or by inference
impose any restriction in the prerogative of the Crown to accept a Surrender of Lands
holden in Seigneurie and to regrant them in free and common Soccage, but we think
it would be necessary that at the time of such new Grant proportionable allotments
should be made of other Land for the Support of the protestant Clergy equal in value
to the seventh part to be specified iri the new grant, for the regulations of that Clause
are general and would apply to grants of lands which had become revested in the
Crown by surrender as well as to lands which had never before been granted. It is
stated by the Chief Justice, and not disputed by the executive Council that the King
of Prauco before the conquest of Canada might have accepted a surrender of lands
and have regranted them, and indeed it would have been extraordinary if such had
hot by the law.^ His Majesty of course must have the same power and tho' the

1. See the Quebec Act, Constitutional Documents, 1759-1791, Shortt and Doughty, 1907,
page 404.

2. See page 262. note 2.

3. Tihis section of the Constitutional Act relates to the appropriation of the clergy reserves.

4. See the report of the chief justice, Q. ]37, page 141 {supra, page 496).
29c— 32^

500 CAXADIAy ARCHIVES

4 GEORGE v., A. 1914

King of France might not have had power to grant in free and common Soccage, if
such tenure had not existed in Canada by the laws then in force (upon which we do
not venture to form any opinion) yet his Majesty having power to grant in free and
common Soccage and being bound so to grant at the request of the grantee, if he
grants at all, v,e humbly report to Your Lordship that there does not appear to us
to be any legal objection to his Majesty's accepting a Surrender of lands holden in
Seigneurie, and regranting them in free and common Soccage either under the Sta-
tute of 31^*^ Geo: 3"^, Ch, 31, or under any law which prevailed originally in the Pro-
vince before the Conquest.

We have the honor to be, My Lord,

Your Lordship's most obed*^ humble Servants,

W. GAKROW.
The Right Hon^^J^ S. SHEPHERD.

lEarl Bathurst.

SHERBROOKE TO BATHURST.i

Castle of St. Lewis,

Quebec, 20th May, 1817.
My Lord,

I have the honour of receiving Your Lordship's Dispatch No. 68, in answer to
mine No. 22, on the Subject of resuming to the Crown certain Lands of Mr. Caldwell,
held en Seigneurie, and regranting them to that Gentleman in free and Common
Soccage.

On this Subject there appears to have been some misapprehension of the question
which I wished to bring imder the consideration of His Majesty's Government, which
was not whether the Crown has the right of regranting in free and Common Soccage,
lands resumed from a tenure en Seigneurie, but whether such change of tenure by
abolishing, with respect to such lands, the Droit de Quint, which was given over to
the Province by Lord Dorchester's Message, would not be in some degree an infringe-
ment of the pledge so given by Government; or whether a Mode could be devised of
giving to the Province an equivalent for the Droit de Quint so merged and lost
to it by such change of tenure.

., I beg leave to suggest that it might prevent further difficulty or misapprehension
to refer the Lav/ Characters who might be again consulted on this question, to the
letter which I directed to be written to the Chairman of the Council here,^ to bring
the matter before them, and wliich is transcribed at full length in the Commence-
ment of the report of Council, of which a Copy accompanied my former dispatch
on this Subject.

I have the honor to be, My Lord,

Your Lordship's most obedient humble Servant,

J. C. SHERBROOKE.
The Right Honourable

The Earl Bathurst.
&c. &c. &c.

1. From the Canadian Archives, Series Q. 144, page 17.

2. See page 492.

CONSTITCriOXAL DOCUMEyTS 501

SESSIONAL PAPER No. 29c

BATHURST TO SHERBROOKE.i

Downing St.

31st Augt. 1S17.
Sir

Having referred to tlie consideration of His Majesty's Law Officers your dispatch
of the 20th May^ last respecting the opinion given by them in January last on the
subject of accepting the surrender of certain Lands of Mr. Caldwell's held in Seig-
neurie and regranting them in Free and Common Soccage I now transmit to you the
Copy of a letter from the Attorney and Solicitor General and have the honor to
acquaint you that for the reasons therein stated I am of opinion that it would not
be expedient to change the tenure of Lands now holden in Seigneurie.

I have the Honor to he, Sir,

Your most obedient Humble Servant,

BATHURST.
Lieut. General

Sir J. C. Sherbrooke, G.C.B.

Copy.

SECOND REPORT OF LAW OFFICERS OX THE PROPOSED CHANGE OF

TENURE.'

Serjeant's Inn,

1st Aug., 1817.
My Lord,

We have had the Honor to receive your Lordships letter of the 14th July 1817
referring to an opinion of the 22nd of January last^ relative to the power of the
Crown to accept the surrender of Lands held in Seigneurie in Canada for the purpose
of regranting them in free and common Soccage, and transmitting to us an inclosed
letter from Lieut General Sir John Sherbrooke requesting to be informed whether
such change of tenure by abolishing with respect to such Lands, the Droit de Quint,
which was given over to the Province by Lord Dorchester's Message, would not be
in some degree an infringement of the pledge so given by Government or whether a
mode could be deviaed of giving to the Province an equivalent for the Droit de Quint
so merged and lost to it by such change of tenure; and desiring that we will take the
case into our consideration and report to your Lordship for the information of His
Royal Highness The Prince Regent our opinion whether His Majesty is precluded
by the declaration made in Lord Dorchester's Message to the Provincial Legislature
on the 29th April, 1794 from changing the tenure of Land granted in Seigneurie
which are now subjected to the payment of the Quint appropriated towards defraying
the Civil cxpences of the Province without a Legislative Act to that effect.

Wo beg leave to state to your Lordship that in the opinion which His Majesty's
Law Officers gave to your Lordship on the 22nd January last they confined themselves
to the consideration of the power of His Majesty to accept a surrender of Lands
holden in Seigneurie and regrant them in free and common Soccage, without any
Legislative enactment, enabling him to do so, that appearing to them to be the point
then proposed for their consideration: But the question now presented by the Gov-
ernor's letter is of a very different nature. It is not a question upon the right of the

1. From the Canadian Archives, Series G. 9, page 217.

2. See page 500.

.1. See the Canadian Archives, Series G. 9, page 212.
4. See page 498.

»)02 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

'Crown so to alter tlie tenure, but upon the propriety of such an exercise of His
Majesty's prerogative whereby the Province will be deprived of one of the sources of
Revenue towards defraying its Civil expenses with which it was furnished by the
appropriation of the Revenue arising from the Droit de Quint,^ as communicated in
Lord Dorchester's .Message — and ui)on this point we think that Lord Dorchester's
Message did give an expectation to the Province that this part of His Majesty's
Revenues Avould be continued to be applied to the defraying their Civil expenses,
and that to take from them this source of Revenue without their Assent or without
providing an equivalent would be an infringement of what they might fairly consider
a pledge or assurance on the part of the Crown — "We are not aware that His Majesty
can in any way give to the Province an equivalent, out of any other of his Revenues
to supply the deficiency that would arise from changing the tenure of the Lands from
that of Seigneurie to Free and Common Soccage; and if any source of Revenue to
be so applied is to be created in the Province it must be by a Legislative Act; and
the consent of the Province to an abolition of the Droit de Quint could only be mani-
fested by such an Act or by any Address of the two Houses to His Majesty for that
purpose — We think therefore that tho' His Majesty is not precluded in point of Law
by Lord Dorchester's Message from changing the tenure of the Lands yet that such
change of tenure without the consent of the Provincial Legislature expressed as
before mentioned or without an equivalent provided would be aii infringement of the
pledge given by Government in that Message and that in that point of view His
Majesty is precluded without such consent or equivalent from so changing the tenure
of the Lands.

We have the Honor to be, &c.,

(Signed) S. SLIEPHERD.
R. GIEFORD.

SHERBROOKE TO BATHURST/

Quebec 10^*^ March 1817.
N° 100.
My Lord

In compliance with an Address of the House of Assembly of this Province I have
the honour of transmitting to Your Lordship hereAvith an Address^ of that body to His
Royal Highness the Prince Regent together with the Articles of Accusation therein
referred to, against C. Foucher, Esquire, one of the Justices of the Court of King's
Bench for the District of Montreal, as the same are contained in the inclosed Certified
Copy of the proceedings of that House upon the said Accusations in order that the
same may be laid before His Royal Highness according to the desire of the House.

I avail myself 'of this occasion to call Your Lordship's particular attention to
some of the circumstances attending these proceedings on which it is of much moment
that I should be favoured with your Lordship's Instructions. —

Having from time to time in the course of the investigation of Mr. Foucher's
Conduct obtained Communication of the Evidence laid before the Committee, I fore-
saw the result must be an Impeachment and an Address for his Suspension; But Sir
George Prevost having on similar occasions where the Chief Justices were impeached
declined to stispend them because the Council had not concurred in the proceeding of
the House, I felt a difficulty as to the course I should pursue in the case of an Address
for the suspension of Mr. Foucher coming from the House alone, I therefore obtained

1. See page 4W, note 4.

2. From the Copy in the Canadian Archives, Dnplica+e Despatches, Lower Canada, 1817,

3. See page 506.

COySTITUTIONAL DOCUMENTS 503

SESSIONAL PAPER No. 29c

from them a communication of their proceedings to the Council in order that they
might have an opportunity of concurring in the Accusations; But finding that they
were not disposed to do this, I considered it the best way of avoiding difficulties both
with the House and Council to act upon my own responsibility by directing Mr.
Foucher, under the authority vested in me by my Commission, and before the Assembly
came forward with their address for his Suspension, to abstain from the exercise of
his judicial functions until the pleasure of His Royal Highness The Prince Eegent on
the subject should be known.

In the adoption of this intermediate course I was the more confirmed by the con-
sideration that if I should accede to the desires of the House for the Suspension of Mr.
Foucher either as an Act of prerogative or a matter of right they might expect a similar
course to be pursued on certain accusations pending before them against Mr. Chief
Justice Monk, or on any others which they may bring against the Chief Justice of the
Province; and as the presence of the Chief Justices is essential to the holding of the
Criminal Courts in the Province their suspension could not but lead to the interrup-
tion of the whole course of Criminal Justice; If anything could have added to my
conviction on this point it would have been the doubt I entertained [and in which Your
Lordship will find by the Address of the Council transmitted in my dispatch ]Sr°
101,^ that they participated] as to the right of Assembly to impeach withoiit seeking
the concurrence of that body.

Fortified by these reasons I made to the Assembly the Answer of which, as well as
of their Address, Your Lordship will find at the close of the printed proceedings a Copy.

From the whole circumstances the questions that arise are these

Whether His Majesty's Government consider the Assembly alone competent to
impeach without the concurrence of the Legislative Council, and whether in the event
of another Impeachment either separate or conjunct, I am to consider myself author-
ized or obliged on an Address to that effect from either House or both, to suspend the
party accused ; and on these two points I have in the most particular manner to request
tliat Your Lordship will favour me with instructions as it is far from improbable that
I may be under the necessity of acting upon one or the other of them in the next Ses-
sion when the Proceedings now commenced against Mr. Monk^ will probably be
brought forward again and carried to some conclusion. —

I have the honour to be
My Lord

Your Lordship's
Most obedient
humble Servant

J. 0. SHEEBROOKE.

The Right Honourable
The Earl Bathurst
&° &° &"

1. The address of the Legrislative Council is published at page 507.

2. Mr. Monk on the 19th February, 1817, was charged with contempt of the House of
Assembly for not producing certain papers in connection with the charges against Louis
Foucher. He was found guilty on the 21st February and committee to the common gaol. On
the 22nd February the Sergeant at Arms reported that " he had lodged the body of Samuel
Wentworth Monk, one of the joint Prothonotaries of the Court of King's Bench for the Dis-
trict of Montreal, in the Common Gaol of the District of Quebec, and that he now holds the
Gaoler's Receipt for the body of the said Samuel Wentworth Monk." Journals of the Legis-
lotive As.iembly, Lower Canada, 1817, pp. 462, 476 and 486.

504 • CANADIAX ARCHIVES

4 GEORGE v., A. 1914
ARTICLES OF IMPEACHMENT OF JUSTICE FOUCIIER.i
35th January, 1817.

JOURXALS OF TIJK HOUSE OF ASSEMBLY^ LOWER CANADA.

Mr. Cuvillier,'^ in his place, charged Louis Charles Foucher, Esquire, one of the
Puisne Justices of the Court of King's Bench for the District of Montreal, with
sundry high crimes and misdemeanor?, and presented to the House several articles of
accusation and impeachment against the said Louis Charles Voucher, Esquire; and
the said articles of acciisation and impeachment, were delivered in at the Clerk's
Table, and read, and are as followeth, viz:

First Charge.— That the said Louis Charles Foucher, being a Judge of His
Majesty's Court of King's Bench for the District of Montreal, in the Province of
Lower-Canada, and also a Judge of His Majesty's Court of King's Bench for the
District of Three-Rivers, in the- same Province,' hath diregarded the duties of those
high and important offices, and contrary to his oath, hath perverted the course of
justice in the said Courts, and rendered his judicial power subservient to the views
of individuals whose interests he has been desirous of promoting.

Second Charge. — That the said Louis Charles Foucher, being as aforesaid, a
Judge of His Majesty's Court of King's Bench for the said District of Montreal, and
also a Judge of His Majesty's Court of King's Bench for the said District oiThrec
Rivers, hath disregarded those high offices, and hath disqualified himself from dis-
charging with impartiality the duties imposed on him by those offices, by giving
counsel to individuals respecting their supposed rights to be prosecuted and defended
before the said Courts, of which he was and is Judge, as aforesaid, and by preparing
pleadings and papers for them, in the prosecution and defence of such supposed
rights, and hath afterwards awarded judgment, or concurred in awarding judgment,
in favour of the persons to whom ?uch advice and assistance was given, upon and in
idspect of such supposed rights.''

Third Charge. — That the said Louis Charles Foucher, being such Judge of His
Majesty's Court of King's Bench for the said District of Montreal, did, in or about
the month of January, one thousand eight hundred and fourteen, counsel and advise
one Pierre Ignace Daillehout, an intimate friend of the said Louis Charles Foucher,
upon and in respect of a certain action to be brought in His Majesty's said Court of
King's Bench for the District of Montreal, by the said Fierre Ignace Daillehout,
against one Etienne Duchesnois, and did draw and prepare the Declaration to be used
by the said Fierre Ignace Daillehout in the said action, which Declaration, so drawn
and prepared by him, he the said TjOUis Charles Foucher, put or caused to be put into
the hands of an Attorney, related to, and intimately connected with him, to be used
in the said action, and the said Declaration was in fact used in the said action, which
was afterwards brought in the Term of the said Court holden in February, in the year
aforesaid; and the said Louis Charles Foucher did exercise judicial power, and set in
judgment in the action so brought as aforesaid, respecting which he had given counsel
and assistance as aforesaid, and did himself prepare and caused to be entered in the
said action, an interlocutory Judgment, whereby certain exceptions made and filed by
the said Ftienne Duchesnois, to the said action, were overruled; and did afterwards,

1. From the Journals of the Legislative Assembly, Lower Canada, 1817, page 130.

2. Augustin Cuvillier since 1S14 had represented the County of Huntingdon in the House
of Assembly. The County was divided by the redistribution act" of 1829, and from 1830 to 1834
he represented the County of Laprairie. Cuvillier was recognized as one of the ablest and
most influential leaders of the French Canadian majority in the House of Asvsembly. He was
elected to the first parliament of the United Provinces for the County of Huntingdon and
was chosen as the first Speaker of the united parliament.

3. Justice Foucher had been appointed Provincial Judge for the District of Three
Rivers in 1803, and was promoted to the Court of King's Bench for the District of Montreal
in 1812.

4. For evidence brought before the Special Committee in connection with this charge
see Appendix I, Journals of the Legislative Assembly, Lower Canada, 1817.

CONSTITUTIONAL DOCUMENTS 505

SESSIONAL PAPER No. 29c

though he had been absent at the hearing of the cause, send for and procure to be
sent to him, the Kecord, Papers and proceedings in the said action, and did thereupon
draw up the final Judgment to be entered in the said action, in favour of the said
Pierre Ignace Daillehout, and caused and procured the said final Judgment to be
entered in the said action, in favour of the said Pierre Ignace Daillehout, without
having heard the parties in the said action, to the manifest perversion of law and
justice, and in gross violation of the duties of the said Louis Charles Foucher, as
such Judge as aforesaid.^

rouRTH Charge. — That the said Louis Charles Poucher, being such Judge iS
aforesaid, hath, in violation of his duty, advised one Jean Baptiste Normam,d, upon
and in respect of enforcing a Judgment recovered in Plis Majesty's said Court of
King'?. Bench, for the District of Montreal, by the said Jean Baptiste Nornmnd
against Austin Cuvillier; and hath given assurances to the said Jean Baptiste Nor-
mand, of the support to be afforded to him by the said Louis Charles Fouclier, as
such Judge as aforesaid, in the prosecution of the said means, and of the success
with which he would cause them to be attended.^

Fifth Charge. — That the said Louis Charles Poucher, being such Judge as afore-
said, hath acted in a manner disgraceful to the said office, and hath been guilty of
conduct destructive of the public confidence in the administration of justice, by
r-cunselling, advising, and affording assistance, to persons engaged in differences which
had become, or were about to become, the subjects of judicial investigation and
determination, by him, as Judge as aforesaid, and by assuring them of his favour,
and of the success he would cause them to obtain.

Sixth Charge. — That the said Louis Charles Foucher, being such Judge as afore-
said, hath been guilty of partiality and gross misconduct, in the discharge of his
judicial functions, and had brought discredit in the administration of jiistice.^

1. For evidence bronght before the Special Committee in connection with this charge

see Appendix T. Journals of Hie Leuixlaiivp. Assembly, Lnwei' Canada, 1817.

2. For evidence brought before the Special Tommittee in connection with this charge
see Appendix J, Journals of ihe Leiiislative Assembli/, Lower Canada. 1817.

3. The charges herein contained were refrrred to a committee of the House of Assembly
with instructions to examine and take evidence thereon. The los olution^ were as follows :

Resolved, As the opinion of this Committee, that in the year one thousand eight
hundred and eleven, {Louh Charles Foucher, Esquire, being the Provincial Judge of the
Court of King's Bench for the District of Three-Rivers) an Information, in the nature
of a Civil Suit, was exhibited and tiled, on the part and in behalf of our Sovereign
Lord the King, and in support of the rights of the Crown, against one Pierre h/nace
Daillehout. That the said Louis Charles Foucher, being in the habits of intimacy and
friendship with the said Defendant, Pierre Ignace Daillehout, drew up a Plea for him,
in his (the said Louis Charles Foucher's) hand writing, and delivered it to one of the
Officers of the said Court, ordering him to copy it, which was done; and the said copy,
signed by the said Pierre Ignace Daillehout, was filed, and now stands of Record in the
Caurse. Tiiat the said Louis Charles Foucher afterwards sat at a Judge upon the Bench
in said Court, upon the Trial of the said Cause, and assisted in giving Judgment against
His Majesty. — That the said Louis Cliarles Foucher, in this respect, has been guilty of
gross malversation, corrupt practice, and injustice; and has violated his Oath of Office,
swerved from his duty to his Sovereign, and has been guilty of conduct tending to dis-
grace the administration of justice in Lower-Canada.

Re.soi,vf,i). As the opinion of this Committee, that in the year one thousand eight
hundred and fourteen, the said Louis Charles Fouclier, being then one of the Judges
of the Court of King's Bench for the District of Montreal, niarle the Draft of a Declara-
tion in a Cause instituted in the said Court by one Pierre Ignace DalVehout, against
one Ktienne Duchesnois, and sent the said Draft of a Declaralion, by tlie ^aid Pierre
Ignace Daillehout, to one Janvier Domptail Lacroix, an Attorney, and Barrister at L iw,
of Montreal, and also an intimate friend and relation of the said Louis Charla Foucher.
That the said Lacroix brought an action, in which he used the said Draft of a D^c'ara-
tion, and obtained Interlocutory Judgments, in favour of tjie said Pierre J'/nace Daille-
hout, and also obtained final Judgment in favour of the eaid Picrrk Ignace Daille-
hout. for the sum of seventy-five pounds six shillinss and five pence, with "costs of suit.
That the said Louis Charles Foucher drew up the said Interlocutory Judgments, which
r.ow appear of Record in the hand writing of him, the said Lou'is CItarhs Foucher,
who also assisted m rendering the final Judgment. That the said Louis Charles Fou-
cher, in this respect. Has been guilty of gross malversation, corrupt practice, and in-

506 CA2<ADIAy ARCHIVES

4 GEORGE v., A. 1914

PROCEEDINGS EELATING TO THE IMPEACHMENT OF JUSTICE

EOUOHER.i

ADDRESS OF THE HOUSE OF ASSEMBLY.

TO HIS EOYAL HIGHNESS THE PRINCE REGENT.

"WE His Majesty's loyal and faithful subjects, the Commons of Loioer-Canada,
in Provincial Parliament assembled, most respectfully beg leave to approach Your
Royal Highness, and to represent to Your Royal Highness, that Louis Charles Foucher,
Esquire, one of the Judges of His Majesty's Court of King's Bench for the District
of Montreal, has been accused before us of High Crimes and Misdemeanors, in his
capacity of Judge as aforesaid; and that, after a patient and diligent examination
of witnesses, the testimony of whom we now transmit, we have unanimously adopted
several Resolutions, as Articles of Complaint against the said Louis Charles Foucher,
Esfjuire, which are hereunto annexed.^

The impartial administration of justice, one of the most important privileges
of our fellow subjects in the United Kingdom, as declared by our revered and beloved
Sovereign, hath been, by the said Louis Charles Foucher, swerved from, in various
instances referred to in the said Resolutions.

The Criminal Law of England, and the free Trial by Jui-y, in Criminal Cases, has
been granted to His Majesty's loyal subjects of Loiver-Canada, by the wisdom and jus-
tice of the British Parliament; and they would be deprived of the security for reputa-

justic€; and has violated his Oath of Office, swerved from his duty to his Sovereign, and
has beeu g:niHy of conduct tending to disgrace the administration cf justice in Lower-
Canada.

Resolved, As the opinion of this Committee, that in the year one thousand eight
hundred and fifteen, the said Louis Charles Foucher, then being one of the Judges ff
the Court of King's Bench for the District of Montreal, held alone a Court, called the
Inferior Term of the Court of King's Bench. That in the said Court, the said Louis
Charles Foucher was guilty of great oppression towards Charles Porteous, Esquire,
Barrister at Law, threatening illegally and unjustly to suspend him, without any reason-
able cause, and at the same time using insulting, abiisive, and extravagant language,
unworthy of a British Judge upon the Bench, such as "Hold your tongue:" "Your
question is stupid:" "You tell a falsehood:" "What you say is false:" "It is a false-
hood, and I do not hesitate to say, in open Court, and in the face of the public, that J
do not understand that you should come here to tell a falsehood :" " I am only account-
able to myself for my conduct: I am the Representative of the King: I do not hesitate
to say. that upon the Bench I am greater than His Majesty, becauso His Majesty him-
self comes to my tribunal to be judged." The said Louis Charles Foucher then pro-
ceeded, with anger, to give Judgment against the Client of the said Charles Porteous,
refusing, at the same time, to hear his Witnesses.— That the said Louis Charles Foucher.
in this respect, has beeu guilty of gross malversation, corrupt practice, and injustice;
and has violated his Oath of Office, swerved from his duty to his Sovereign, and has
been guilty of conduct tending to disgrace the administration of justice in Lower-
Canada.

Resolved, As the opinion of this Committee, that in the month of May, one thousand
eight hundred and fourteen, the said Louis Charles Foucher. alone, held a Court, called
the Inferior Term of the Court of Kings Bench for the District of Montreal; and the
said Louis Charles Foucher rendered a final Judgmnt in favour of a Plaintifi, one
Susa7ine La Haie, against a Defendant, one Louis Cousineau. And afterwards the' said
Louis Charles Foucher caused the said Judgment to be erased and scratched out from
the Register; and in the month of September following, the said Louis Charles Fou-
cher rendered a second final Judgment in the same Cause, which Judgment was in
favour of the said Defendant, Louis Cousineau. and dismissed the action of the S'aid
Plaintiff, Susannc La Haie. And on several other occasions, the said Louis Charles
Foucher, has caused Records to be altered, erased, and scratched out. — That the said
Louis Charles Foucher, in this respect, has heen guilty of gross malversation, corrupt
practice, and injustice; and has violated his Oath of Office, swerved from his duty to
his Sovereigrn. and has been guilty of conduct tending to disgrace the administration
of justice in Lower-Canada. Journals of Assembly, Lower Canada, 1817, p. 539.

1. From the Journals of the Legislative Assembly, Lower Canada, 25th Febniarv, 1817 pa»e
548.

2. The evidence against Justice Foucher is to be found in the Appendix I. to the Journals
of the House of Assembly, Lower Canada, 1817.

CONSTITDTIO^'AL DOCUMENTS 507

SESSIONAL PAPER No. 29c

•tion, liberty and life, which the Criminal Law of England, and the free Trial by Jury,
are calculated to afford, if a Judge destitute of uprightness, should be allowed to act.

That as by the Municipal Laws of this Province, the greater number of Civil Suits
are tried by the Court without the intervention of a Jury, the sole security for the
property of His Majesty's loyal subjects in this Province, is to be found in the integrity
of the persons to whom the administration of justice is confided.

Wherefore, we, His Majesty's faithful Commons of this Province, most respect-
fully beg leave to be permitted to lay at the feet of Yovir Royal Highness, the grounds
of our complaint against the said Louis Charles Fouclier, Esquire, and pray, that in
consideration of the premises, he may be removed from his Office, and that the authority
of His Majesty's Government may be interposed, in such way as in Your Royal High-
ness's wisdom may appear necessary, for bringing him to justice.

Address of the Leoislative Coi xcil.^

To His Royal Highness

The Prince Regent

OF the United Kingdoji of Great Britain

AND Ireland.

ILw IT PLEASE Your Royal Highness^

We, His Majesty's most dutiful and loyal Subjects the Legislative Council of the
province of Lower Canada in provincial parliament assembled, do rao*t humbly repre-
sent to Your Royal Highness that certain Articles of Complaint and Accusation for
high Crimes and Misdemeanors have been voted by the Assembly of this Province
against Louis Charles Foucher Esquire one of the Judges of His Majesty's Court of
King's Bench for the District of Montreal, and an Address of the Assembly has also
been voted to be laid before Your Royal Highness with the said Articles and praying
that the said Louis Charles Foucher be removed from his Office.

In these proceedings We have had no participation in any shape, the Resolutions
of the Assembly not having been submitted to Us for concurrence, nor has the accused
been at all heard in his defence, or had any communication of the charges against him
other than what the public papers or private Information may have conveyed. We
therefore do not presume to give any Opinion upon the innocence or guilt of the
accused.

Under all the circumstances of the case however, We consider it our bounden
duty humbly to submit to Your Royal Highness the serious consequences which are
likely to result if the claim of the Assembly be sustained. That claim extends to the
right of passing Articles of A-ccusation without limitation and without controul in
this Province; either when voted after the hearing only of ex parte Testimony without
notification to the accused of Complaint against him, or in the absence of all Testi-
mony, as hath already been practised.

If such a right in the Assembly shall be established, and that Articles of Complaint
and Accusation by that House neither require any concurrence in the Legislative
Council previously to being submitted to Your Royal Highness; nor can be adjudged
upon by this House, or any other Tribunal constituted or to be constituted in this Pro-
vince; then every public Officer being liable to be compelled at his own exi^ense to go
to England before being heard at an immense distance from the place of residence of

1. From the Journals of fhe Legislative Council of Lower Canada, for March 1, 1817. In
transmitting this address Sir .1. C. Sherbrooke observes, " Upon the points which this
Address will bring under the Consideration of His Majestys Government I earnestly entreat
that I may be favonred by Yoxit Lordship with such instructions as may serve for a guide
to me in future in judging of the pretensions of the two Houses on these disputed matters.'''
(Sherbrooke to Bathurst, March 10, 1817, No. 101, Duplicate Despatches, Lower Canada, in
the Canadian Archives.)

508 CANADIAX ARCHIVES

4 GEORGE v., A. 1914

his exculpatory Witnesses must henceforth feel himself wholly at the mercy of the
Assembly and thereby become disqualified from an independent and faithful discharge
of Official duty.

We therefore humbly beseech Your Royal Highness not to inflict any punishment
upon the said Louis Charles Toucher Esquire one of the Judges of His Majesty's
Court of King's Bench for the district of Montreal in consequence of the Articles of
Complaint exhibited against him by the Assembly of this Province, until such Articles
of Complaint shall have been submitted to the consideration of this House, and this
House shall have concurred therein, and such Articles of Complaint after such submis-
sion and concurrence shall have been hoard and determined in such Tribunal as Your
Royal Highness shall be pleased to appoint for that purpose ; or until such Articles of
Complaint without such submission and concurrence shall have been lieard and deter-
mined in due Course of Justice in this House, imder such Commission as Your Royal
Highness shall see fit to issue for that purpose with such powers and Limitations a&
to Your Royal Highness shall seem meet.

Signed By Order

J. SEWELL, Speaker.

Resolutions of the House of Assembly.^

Friday, 21st March, 1817.

Resolved^ that the claims of the Legislative Council, touching the accusations or com-
plaints brought by this Plouse against Louis Charles Foucher, Esquire, are
not founded on the Constitutional Law, or any analogy thereto, tend to
prevent offenders out of the reach of the ordinary tribunals of this country,
from being brought to justice, and to maintain, perpetuate and encourage,
an arbitrary, illegal, tyrannical and oppressive power over the people of this
Province.

MEMORIAL OF JUSTICE FOUCHER.'

A Sox Excellem^e

Sir John Coape Sherbrooke, Chevalier de la Grande Croix du tres honorable
ordre militaire du Bain, Gouverneur en chef des Provinces des Haut et Bas Canada,
Nouvelle Ecosse, Nouveau Brunswick, et de leurs dependances, &c, &c, &c.

La tres humble Supplique de Louis Charles Foucher, un des Juges Puisnes de la
Cour du Banc du Roi pour le District de Montreal, dans la Province du Bas Canada.
Qu'il plaise a Votre Excellence^

Votre Suppliant a regu par Mr. le Secretaire la signification du desir de Votrk
Excellence, qu'il eut a s'abstenir de scs fonctions de Juge, Et ayant considere cette

1. From the Journals of the Legislative Assembly, Lower Canada, 1817, page 920.

2. From the original memorial lu the Canadian Archives, Duplicate Despatches, Lower
Canada, 1817.

In transmitting this memorial. Sir John Sherbrooke observes, " Mr Foucher has also
made application for leave of absence to proceed to England for the purpoee of vindicating
his Character before His Majesty's Government but this I have not thought it proper to
grant him, as the address of the Legislative Council, Avhich I transmitted to Your Lordship
on the tenth March last, will have brought under the consideration of His Majesty's Govern-
ment the expediency of constituting that Body a Tribunal for the trial of M^ Foucher in
this Country.

It is far from my wish either to recommend or oppose such a measure but I think it
proper to state that a trial in England would in my opinion be ruinous to Mr. Foucher whose
fortune I understand is not such as to enable him to support the great expense to which sucli
a proceeding would subject him by the necessity of the personal appearance there of both
himself and his Witnesses." (The Canadian Archives, Duplicate Despatches, Lower Canada,
1817).

CONSTirUTIONAL DOCUMENTS 509

SESSIONAL PAPER No. 29c

•intimation comme un ordre peremptoire, il s'est empresse de s'y soumettre, malgre
qu'elle repugntit a ses sentimens d'honneur et d'integrite, qui Tout toujours dirige
dans I'exercice de plus de quinze ans, de ses fonctions Judiciaires.

Votre Suppliant prie respectueusement votre excellence de lui^ per-
mettre quelques observations sur le^ precedes sans cxemple, et (comme il les envisage)
inconstitutionnels, qui ont eu lieu- a I'occasion des accusations portees contre I'ui
devant la Chambre d'Assemblee, aiusi que sur le mode adopte par cette Chambre
pour les consacrer. Mais a'uparavant il inipovte de faire connoitre a votre
l•:xcELLE^X"E que la personnel qui a produit et mis cu avant les accusations dont
il s'agit, etoit et est membre de la Chambre, et que cette meme personne est Vennemi
declare du Suppliant ; qu'un comite de la Chambre a ete nomme pour informer sur
■ces accusations et en faire rapport: que la personne qui a porte le? accusations a fait
elle-meme les poursuites devant le comite, et a produit tels individus que bon lui a
semble, et qu'elle savoit bien etre deja disposes a devenir temoins volontaires contre
lui.

Votre Suppliant n'a regu aucune notification des dites accusations on ne lui a
pas fourni I'occasion d'etre entendu, ni de transquestionner les personnes examinees;
et ces personnes ont donne des temoignages (si on pent toutefois qualifier de temoi-
gnages de telles declarations) sans avoir ete liees prealablement par I'obligation et
la Eo'ennite d'un sern^ent: elles ont ainsi debite tels contes ou telles histoires qu'il
leur a plii et dont une grande partie avoit ete deja concertee et meditee dans des
sentimens de haine et de vengeance contre votre suppliant ainsi qu'il pent le dcmon-
trer.

Or, c'est d'apres de tels temoignages que le Comite a assume sur lui de faire un
rapport a la Chambre, et de lui presenter des resolutions conformes : et, cette Cham-
bre au mepris de I'usage et de la pratique observes en pareil cas, sans avoir fait parve-
nir a Votre Sur pliant aucune notification, ou avis quelconque, n'a pas hesite le moin-
drement a adopter les resolutions proposees, et elle a vote une adresse a Votre Excel-
lence pour la prier de vouloir bien suspendre votre suppliant des fonctions qu'il avoit
I'honneur d'exerrer comme I'un des .Tuges de la Cour du Bnnc dn Roi.

Votre Si'ppliant congoit humblement qu'etant ne Sujet Britannique il a (quoi-
que vivant dans la Province du Bas Canada) autant de droits et de privileges, qu'au-
cun autre des Sujets de Sa Majeste vivans dans la Grande Bretagne: Or, dans ce
puissant Eoyaume, dont tons les autres peuples envient la sage legislation, nul indi-
vidu ne pent etre mis en Jugcment, ou condamne sans etre entendu; son proces doit
etre instruit et juge devant rn Tribunal competent; il ne pent etre declare convaincu
que sur des temoignages legaux, suffisans et donnes solennellement sous I'obligation
«t la saintete du Serment.

Votre Suppliant demande aussi la permission d'exposer a Votre Excellence que
dans des accusations de la meme nature qui seroient portees en Angleterre, quoique,
par la Chambre meme des Communes, sa majeste ne prendroit aucune measure pour
revoquer ou suspendre un Juge, sans lui procurer I'occasion d'etre* entendu et de
pouvoir refuter ces accusations.

Quoique I'on puisse dire qu'il n'oxiste pas dans cette Province de Jurisdiction
■ neanmoins Votre Suppliant (bien que la reflexion doive, seron lui, soffrir necessaire-
vers laquelle Votre Excellence puisse le renvoyer pour y subir une procedure legale,
et qu'ainsi la seule voie qui paroisse lui etre ouverte soit une application a Sa Majesti^
en Consoil, pour rcvendiquer son Honneur & sa reputation injustement compromis,
neanmoins Votre Suppliant (bien que la reflexion doive, selon lui, sofirir, necessaire-
ment a la pensee de Votre Excellence) ne pent s'empecher do faire remarquer la
deplorabl(> situntioii ou se trouvent les Juges de Sa Ma.teste et les autres Officiers dans
cette Province, si la seule ressource qu'ils peuvent avoir en parcilles circonstances, est

1. See page 5<H, note 2.

510 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

un application Ti Sa Uajeste eu Angleterre; en ee que les depenses qu'entraiue neces-
sairment une telle application sont iniiniment onereuses, et en ce qu'il est evideminent
impossible de faire comparoitre leiirs temoins en Angleterre. Or, Votre Suppliant
soume't humblement a Votre Excellence si la reserve de cette seule et unique res-
source n'equivaut pas a un deni formel de Justice.

C'est pourquoi Votre Suppliant a . reeoiu's a Votre Excellence, et tout en
protestant contre les mesures incoustitutionnelles adoptees par le Comite de la
Cbambre en portant les accusations susdites, il affirme que les temoignages produits
contre lui reposent sur des f aussetes ou sur de faux exposes ; et il est pret a le prouver
par plusieurs temoins et documens offieiels. En sa qualite de Su.jet Britannique il
croit avoir le droit incontestablement acquis d'etre entendii et juge avant que d'etre
declare coupable.

Jiin consequence Votre Suppliant prie humblement Votre Excellence de vou-
loir bien instituer et nommer quelque Jurisdiction ou quelque Tribunal compe-
tent dans cette Province (s'il n'y en existe pas encore) devant lequel Votre Suppliant
puisse comparoitre et etablir son innocence: Car il aime a croire que Votre Excel-
lence a dans ses pouvoirs actuels, des moyens suffisans pour lui procurer I'occasion
de se defendre ici, c'est a dire de se justifier.

Dans tons les cas. Si Votre Excellence ne Jugeoit. pas a propos de lui
t'acilitev une enqueto dans ce pais, qu'il lui plaise au moins differer la transmission
an Pied du Trone, des accusations de la Cbambre contre lui, pour le mettre a portee
d'y joiiidre quelques defenses, telles imparfaites qu'elles eeroient necessairement, a
raison des circonstances extraordinaires ou il se trou.veroit.

Enfin si Votre Suppliant ne pouvoit pas prevenir que les accusations de la Cbam-
bre fussent transmises isolees a Son Altesse Koyale, Le Prince Regent Qu'il plaise a
Votre Excellence y joindre au moins sa presente et humble Supplique, afin que
ces accusations isolees ne puissent faire naitre contre lui, aucuns prejuges, quoi-
qu'il aie la ferme confiance que de pareilles accusations isolees Et ex parte n'en pour-
rout jamais faire elever, surtout devant le Trone Poyal, Source de toute justice.

Et Votre Suppliant plein de reconnoissance ne ce?sera de prier pour la conserva-
tion des jours precieux de Votre Excellence.

I^. C Foucher.

Montreal le 8 mars 1817.

BATIEFRST TO SlTERBKOOKE.i

Duplicate

N°. 115

Downing Street

7 July 1817

Sir,

I have not failed to bring under the consideration of The Prince

No.^100* _ Regent your dispatches of the dates and numbers specified in the

No lOP ' ^ ' Margin in which you communicate the proceedings of the House of

10 March 1817 Assembly against L. C. Foucher Esq' one of the Justices of the Court

Ao. 102* q£ Kings Bench, the Address which the Legislative Council had in

o'^ April l'8'i7 , , , . , T 1 • 1 •

consequence oi his impeachment thought it necessary to submit to
His Royal Highness, and the anxiety of M"" Foucher that the charges
against him should be brought to an early decision. In considering
these communications His Royal Highness has been most anxious

1. From the orioinal despatch in the Canadian Archives, G. 9, page 192.

2. See page 502.

3. See page 507, note 1.

4. See page 508, note 2

CONSTITUTIONAL DOCUMENTS 511

SESSIONAL PAPER Mo. 29c

to devise some mode of investigating the conduct of ^F Foueher
which while it shall ensure a correct adjudication of the charges
brought against him shall be as little burthensome as possible either
to the party accused or to those by whom the accusation is preferred.
His Eoyal Highness acquiesces entirely in the sentiments expressed
by the Legislative Council as to the inconvenience of conducting such
an investigation in this Country, since such a measure would in any
case entail a heavy expence, most unjust to the parties if it be to be
defrayed by them, and most burdensome to the piiblic if ultimately
charged to the Colony.- I am therefore to signify to you the Pleasure
of His Eoyal Highness, that in this and in all similar cases of im-
peachment by the Legislative Assembly the adjvidication of the
charges preferred against the party accused, shall be left to the
Legislative Council. Under such an arrangement His Eoyal High-
ness feels no disposition to question the right of the Assembly to
submit Articles of Impeachment against any individual whose public

conduct may appear to them deserving of animadversion^ nor does

His Eoyal Highness see any objection in such case to a compliance
with the Address of the Assembly for the suspension of the obnoxious

individual since the means of ascertaining the validity of the Charges
being at hand, the party accused can sustain but little injury from
a temporary suspension if innocent, and if ultimately pronounced
to be guilty the advantage of an immediate suspension is vmques-
tionable.

You will therefore communicate to the House of Assembly and
to the Legislative Council the decision of His Eoyal Highness and
His confident expectation that they will each so discharge the im-
portant duties which will under this arrangement respectively devolve
upon them as to give complete satisfaction to all classes of His
Majesty's subjects in the Province."

I have the Honor to be
Sir,
Your most obedient

Humble Servant

BATHUEST.

Lieut General

Sir J. C. Sherbrooke, G.C.B.
&c &c &c

1. On the question of the strict constiliitional right of impeachment see the opinion of
the Law Officers of the Crown, page 512.

2. This decision was not communicated to the House of Assembly for the reasons set
out by Sir J. C. Sherbrooke, in his despatch of January 10th. See page 531.

512 ■ CANADFAX ARCHIVES

4 GEORGE v., A. 1914

[Copy]

KEPOET OF THE LAW OEFICERS ON PROCEDURE IN CASES OF

IMPEACHMENT.!

To His Excellency Sir John Coape Sherbrooke Kniglit Grand Cross
of the Most Honourable Military Order of the Bath, Captain Genernl
& Governor in Chief in and over the Province of Lower Canada Vice
Admiral of the same, etc. etc. etc.

May it please your ExcELLE^•CY.

In obedience to the Commands of your Excellency, We have taken into Considera-
tion the three points contained in the report of His Majesty's Executive Council for
thi-5 Province, upon the Dispatch of Earl Bathurst of the 5"' of July under thu Nu.
115, respecting the impeachment of M'' Justice Foucher.

First " Can or cannot the Legislative Council legally take cognizance of the
" Articles of Charge and impeachment, preferred by the Assembly, and in other future
" Cases, without a Commission for that purpose ?"

L'pon the first point. We are of opinion that, as the general question contained
in this point admits at least of a considerable doubt, the safest course to be pursued will
be, to authorize the Legislative Council, by Commission, to take cognizance of the
Articles of Charge and impeachment preferred by the Assembly against M"^ Justice
Foucher.

'" 2"'^ If a Commission be necessary, must it issue as a general Commission for all
*' Cases; or must a separate Commission in each particular Case be issued?

Upon the second poiAt We have the Honor to submit to your Excellency that,
tho' by a Clause contained in Your Excellency's Commission it would appear that a
power is given generally to your Excellency, '"' with the advice of the Executive Council
'' of the Province, to erect such Courts of Justice within the Province as your Excel-
" lency and the Privy Council shall think necessary, [subject only to the provisions
" contained in the Statute 31^*^ Geo. 3. C. 31^*^ and to any Instructions which your
"Excellency may receive under His Majesty's Signet or Sign Manual, or by Llis
"Majesty's Order in Council."]" yet in our humble opinion it will be more expedient
'■'to issue a Separate Commission for this particular Case —

" 8''^ Must the Commission in either Case be issued under the Great Seal of the
" Province, or under the Great Seal of the United Kingdom " ?

L^pon the third point, having taken into Consideration the Clause contained in Your
Excellency's Commission, to which We have already alluded. We have the honor to
give it as our opinion that a Commission may legally issue under the Great Seal of the

1. From the copy in the Canadian Archives, 0. US. part I, page 15.

Lord Bathurst's despatch of July 7th. 1817, was referred by Sir J. C. Sherbrooke to the
Executive Council who advisetl a reference to the Law Officers of the questions which are
answered in this report. See the Minutes of the Executive .Council, State Book, page 295.

2. The extract here given is not a true quotation from the Instructions to Lord
Dorchester. See page 11.

CONSTITUTIONAL DOCUMENTS 513

SESSIONAL PAPER No. 29c

Province, for the purpose under Consideration; and that siTch Commission will be a
due Execution of the power vested in your Excellency. —

We have the honor to be etc.

[Signed] NOEM'i F. GERALD UNIACKE.^

Atty. Geni
[Signed] CHAELES MARSHALL

Sol. Geni.
[Signed] GEORGE PYKE2

Ad. Genl
Quebec 22^ October 1817.

Separate Opinion of the Attorney General.^

Quebec 27 Nov"^ 1817

(Copy).

Sir,

I have the honor to inclose you the draft of the Commission* for the trial of M''
Justice Toucher the Advocate General does not sign it for reasons that will be trans-
mitted by him to His Excellency the Governor in Chief.

The Commission proposed to be issued is in the nature of that issued in England
for the trial of a Peer in the Court of the Lord High Steward upon Indictment and it
is to be observed that this is a Commission for a trial upon impeachment — While I
am of opinion that this Commission if issued will in point of Law stand upon some
strong grounds I must beg leave to add that I do not think it expedient that a Com-
mission should issue at this stage of the Proceedings, nor do I think that that course
would be carrying into the effect the intentions of His Majesty's Government to the
exreni: contained in the dispatch of The Earl Bathurst."

When His Majesty's Government feels no disposition to doubt the right of impeach-
ment in the Commons of Lower Canada it is evident that the power to try is supposed
to exist in the Legislative Council — Were a Commission to issue for the trial of an
impeachment made by the Commons of Lower Canada I do not see how that right can
hereafter be doubted and I should therefore think that no step ought to be taken in
the Colony putting beyond all future question that right of impeachment unless the
power to try in all future Cases is in the Spirit of the dispatch secured to the Legisla-
tive Council.

I have the honor to be &c

The Honourable

Jonathan Sewell
&c &c &c

(Signed) N0RMi> E GERALD UNIACKE

Atty-Gen^

1. See page 381, note 1.

2. George Pyke first entered the public service under Sir John Wentworth in Nova
Scotia, in 1799. Soon after this he came to Lower Canada and in 1802 he was appointed
Joint Prothonotary of ihe Court of King^s Bench for the District of Quebec. He resigned this
appointment three years later and returned to his practice at the bar. In 1804 he was elected
to the House of Assembly for the County of Gaspe and was re-elected during each election
until 181-1. He was appointed Advocate General of the Province in 1812, and in 1816 became
law clerk to the Legislative Council. During the illness of Mr. Justice Ogden in 1818 Pyke
was appointed temporarily to the Court of King's Bench for the District of Montreal and two
years later he became a regular judge of the Court.

3. From the copy in the Canadian Archives, Q. 148, part 1, page 27.

4. For the draft of the commission see page 518.

5. See page 511.

29c— 33

514 ' . CANADIAN ARCHIVES

4 GEORGE v., A. 1914

SEPAKATE OPINION OF THE ADVOCATE GENEEAL.i

To His Excellency Sir John Sherbrooke Kniglit Grand Cross
of the most Honorable Military Order of the Bath, Captain
General and Governor in Chief of the Province of Lower
Ciinada etc. etc. etc.

May it please your Excellency.

Not having signed the draft of a proposed Commission constituting a Court for
the trial of Louis Charles Foucher Esq"^ under Charges of accusation made against
him by the House of Assembly of this Province I take the liberty most humbly to
submit to your Excellency the motives which have actuated and the reasons which
have induced me on the present occasion not to concur in adopting the draft which has
been submitted for Your Excellency's consideration.

It does appear to me after all the research I have been able to make on thtj
subject that no step will be necessary to be taken on the part of His Majesty's Gov-
vernment previous to the Communication or Message which under the dispatch of Earl
Bathurst of the 5*'^ July last' your Excellency may deem expedient to make and send
to the Legislative Council and Assembly in the Ensuing Session of the Provincial
ParMament/ as, upon such communication it will remain with those two Branches by
conferences or otherwise to adopt those measures which are essential to a correct inves-
tigation of the Charges before the Legislative Council and thereby give effect to the
privileges which His Royal Highness the Prince Regent has been graciously pleased
to recognize in those two Branches of the Provincial Parliament. In thus conceding to
the one branch a right to accuse and to the other a right to investigate I do not consider
that His Royal Highness has in any manner waived or intended to waive any preroga-
tive of the Crown, or the right to remove from office any individuals holding situations
during pleasure; as, should the charges after due investigation by the Legislative
Council be declared well founded. His Majesty will still retain the same right of exer-
cising his pleasure in regard to the accused officer which he now holds, with however
this advantage that the Crown will be better informed as to the truth of the charges
than upon a simple accusation without such investigation. —

The two Branches of the Legislature will no doubt receive Your Excellency's
Communication with the respect due to the high Source from which it proceeds and will
enter upon the Investigation with a proper regard to the rank and privileges they res-
pectively hold and possess under the constitution of the Colony; nor can I at this
moment anticipate any difficulty that can arise in the prosecution of the authorized
investigation which may not be obviated by an act of the two Houses sanctioned by
your Excellency.

I would beg leave to state to your Excellency that under the constitutional act
[31 : Geo. 3. c. 31.] neither the Legislative 'Council, or the Plouse of Assembly is vested
with any Judicial Powers; — Articles of Impeachment cannot therefore be preferred
and tried in this Country as before the King in the Imperial Parliament, — The Ilouse
of Lords having the Inherent and immemorial right to try all persons impeached by the
House of Commons and proceeding therein according to the law and custom of Parlia-
ment ; — no such inherent or immemorial right being possessed by the Legislative Coun-
eij nothing but an act of the Imperial Parliament could give them such a right ;^ —
Indeed it would appear to have been omitted in the constitutional act as not being

1. From the copy in the Canadian Archives, Q. 148, part 1, page 29.

2. For this despatch see page 510.

3. Such a communication was not however made. For Sir John Sherbrooke's reasons
for taking such a course see page 531.

4. See also the opinion of the British Law Officers, page 480.

CONSTITUTIONAL DOCUMENTS 515

SESSIONAL PAPER No. 29c

necessary and as inconsistent with the dependence of the Colony upon the Mother
Country which it is so much the interest of both to preserve, — and as calculated to
secure to the Officers of His Majesty's G-overnment a protection from the possibility of
Colonial Persecution; — Those Officers hold their situations in the Colony during
pleasure; they are appointed by and are the servants of the Crown, and may be sus-
pended or removed from office whenever the Crown may think proper; — Such is the
situation of M"" Foueher who might at the present moment be removed from office by
an exertion of the prerogative; — it would therefore seem to be the undoubted right
of the Crown to vise this Prerogative in such way as to His Majesty may seem best
conducive to the Public good and at the same time give security and every just protec-
tion to his servants.

His Royal Highness has therefore in the exercise of this prerogative thought
proper to declare, " that in this, and in all similar cases of Impeachment by the Legis-
" lative Assembly the adjudication of the charges preferred against the party accused
" shall be left to the Legislative Council ; — and that under such an arrangement His-
" Royal Highness feels no disposition to Question the right of the Assembly to submit
" articles of Impeachment against any Individual whose public conduct may appear to
" them deserving of animadversion."^

His Royal Highness has thus graciously devised a mode of investigation the least
burthensome to the accusers and accused, but in so doing has not given a power to the
Legislative Council as it would appear to me to proceed to trial and punishment, but
to adjudge whether the charges which may be submitted to them by the Assembly are
or are not well founded to the end that upon such adjudication the ultimate dismissal
from or continuance in office of the accused Individual may be determined by His
Majesty. —

Aware, may it please Your Excellency, of the importance of the subject I have
endeavoured to discharge my duty to your Excellency by avoiding a hasty consideration
and opinion, — and I cannot view the dispatch of Earl Bathurst in any other light
consistent with my ideas of the principles of constitutional Law, than in the manner
before submitted to your Excellency; — nor does it appear to me that the Crown. can
issue a Commission for the trial of persons impeached ; — Such an accusation is purely
parliamentary and cannot take any other than a Parliamentary course; the right of
accusation in the one Branch is founded upon the right of trial in the other; they are
so united that they cannot constitutionally be separated; — the strict right of Imi)each-
ment does not therefore in my humble apprehension exist in the Colonial Assembly;
this privilege alone exists in the Commons of the United Kingdom, and through that
body the accused Individual might be impeached before the King in Parliament; — I
do not conceive the charges of the Provincial Assembly to be strictly and legally
articles of Impeachment, but to have been considered by His Royal Highness merely as
a complaint on the part of the Assembly to the Crown, of an improper exercise and
abuse of the duties of Office in one of its servants and praying for redress by his removal
from office; — and thereupon His Royal Highness with that sense of justice so strongly
marked in every line of the dispatch of Earl Bathurst has been anxious to devise a
mode of investigation of the charges against M'' Foueher and has in his wisdom adopted
that, which, while it affords relief to all parties, is eminently calculated to preserve as
much as possible and as constitutionally he could the honour of the Provincial Parlia-
ment by directing that the investigation of the charges or complaint should .be left
to the Legislative Council, — not as a Court for the trial and punishment of the accused
but as a body entitled to participate in all matters agitated in the Provincial Parlia-
ment and as the Branch best calculated from its rank in the constitutional scale to
inform the conscience of His Majesty of the truth of the charges or complaint of the
Assembly. —

1. This is a quotation from Lord Bathiirst's despatch of July 7, 1817, see page 511.
29c— 33i

516 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

It is obvious that the Imperial Parliament may give to the Assembly the right of
Impeachment and to the Legislative Council the right of trial as fully as it is posses-ed
by the Lords and Commons of the United Kingdom, but the expediency of such a con-
cession might be well doubted; — and if I might be allowed respectfully to submit my
sentiments to your Excellency upon the Subject I must declare that I do not consider
that it would be sound policy to adopt such a course as it would tend to weaken the ties
of the Colony to the Mother Country and render the former more independent of the
latter than the welfare safety and general interests of the Empire will admit; The
relative situation of the Colony to the Country which fosters and protects it must never
be lost sight of; one concession is only the fore-runner of a claim for others; and the
consequences which would result from such concessions would more fully occur to
your Excellency's mind than I could possibly represent them.

The draft of a Commission which has been submitted for your Excellency's
consideration is the first of it's kind; as it is for the trial of au Individual under what
has been styled articles of Impeachment; now it cannot be found that the Crown has
ever interfered by Commission in cases of Impeachment, except so far as regards the
appointment of a Lord High Steward to preside at the trial, who, as Hawkins observes
must be a peer of England, " as no one under the degree of nobility is capable of so
" honourable a Post," — and this officer is now appointed by Special Commission pro hdc
.vice which recites that the appointment is made upon the application of the Lords, as
will appear to Your Excellency on reference to the Commission in the case of Lord
Lovat [9^^ Vol. of State Trials, p. 622.] — the words being, " and for as much as the
Lords Spiritual and Temporal in our present Parliament assembled have most humbly
besought us that we would vouchsafe to appoint a Steward of Great Britain for this
time," Thus far His Majesty appoints, as of right, an officer to preside but does not
create a Court or vest in the Lord High Steward any Judical functions ; — nor can the
Crown stop the Proceedings on an Impeachment by granting a Pardon to the accused. —

In Foster, Your Excellency will find the following remark, " In the trial of a Peer
" indeed for a capital offence, it hath been usual to appoint a Lord High Steward during
" the trial, and until Judgment is given, for the sake of order regularity and dignity; —
^* But this appointment does not alter the constitution of the Court," — and he further
adds that " Such an Officer is usually though not necessarily appointed."^

The proposed Commission therefore only resembles that issued during the recess
of Parliament to the Lord High Steward for the trial of an Indictment found by a
Grand Jury of a County and returned into the ordinary Courts against a Peer of the
realm for treason or felony or misprision of either and which is removed by certiorari;
None but Peers can be thus tried and only for the offences above mentioned, as in cases
of misdemesnors they have no such privilege but are tried in the ordinary Courts and
according to the course of the Common Law.

There exists therefore no precedent for the proposed Commission, and where none
exists I should be strongly inclined to doubt its legality; from the well known principle
that the King cannot grant any new Commission which is not warranted by ancient
precedents, however necessary it may seem and conducive to the Public Good. [3. Hawk.
p. 3.] — and from the observation of Lord Coke in treating upon Justices of Oyer and
Terminer. " That all Commissions of new invention are against Law imtil they have
allowance by Act of Parliament. [4. Inst. 163]

Indeed it does not appear from the dispatch of Earl Bathurst to have been a
measure contemplated or deemed necessary by His Royal Highness the Prince Eegent;
— for the power of investigating the charges, it would seem, has alone been authorized,
and which the Crown for the reasons before submitted to your Excellency would have

1. See also on this point the opinion of the Judges of the Comt of King's Bench for
Quebec, i>age 527.

CO^'STITVTIONAL DOCUMENTS 517

SESSIONAL PAPER No. 29c

a right to direct and authorize in the exercise of the Prerogative quo ad its officers,
against whom complaints have been preferred.

Before it has been ascertained whether the House of Assembly [admitting for a
moment the right of Impeachment in that Body,] will submit it's Charges to the Legis-
lative Council, it would seem at any rate to be risquing too much to issue a Commission
which might become nugatoiy in its effect; — as a primary consideration would appear
to me necessary whether the execution of such a Commission can be enforced; And I
feel confident that Your Excellency would not be disposed to give an opportunity to
either branch of the Legislature to call in question the authority of the King's Com-
mission.

Certain privileges have been conceded, and it is for the two houses to give effect
thereto by discharging the important duties which will thus respectively devolve upon
them; — If they will not accept the tendered privileges and give effect to the arrange-
ment and mode of investigation devised by His Royal Highness it will induce him to
adopt such other mode of investigation as in his wisdom he may deem right.

It has been observed that the proposed Commission like that issued to a Lord High
Steward upon an Indictment, is in the nature of a Commission of Oyer and Terminer;
— and it must be admitted that they do in some particulars agree; — But a view of the
two Commissions is only necessary to decide upon the wide difference between them
and that a power to issue Commissions of Oyer and Terminer, does not imply a power
to erect a Court similar to that of the Lord High Steward : whose proceedings are not
according to the course of the Common Law which is that which governs the Proceed-
ings in the King's ordinary Courts of Justice; — It is certainly essential that the
course to be adopted should be strictly legal and correct, as any error can only give rise
to future and endless difficulties, disturb the Peace of the Colony, — and occasion great
trouble and embarrassment to His Majesty's Government.

I must request your Excellency's pardon for this lengthy and I am afraid imperfect
explanation of my motives and reasons for declining to concur in the proposed draft ; —
I have conceived it my duty fully to disclose them, and do most respectfully subm'it
them for your Excellency's consideration,

and have the honour to be
etc. etc. etc.

[Signed]

GEOEGE PYKE

Ad. Geni. L.C.
Quebec 1«' Dec' 1817

5T8

CANADIAN ARCHIVES

4 GEORGE v., A. 1914

DEAFT COMMISSION FOR THE TRIAL OF JUSTICE FOUCHER.i

George the Third by the Grace of God of the United Kingdom of
Great Britain and Ireland King Defender of the Faith

To our much beloved and faithful The Honourable Jonathan
Sewell Speaker of our Legislative Council of our Province of Lower
Canada, a Member of our said Legislative Council, and Chief Justice
of our said Province;

To our much beloved and faithful the Right Reverend Father
in God Jacob Lord Bishop of Quebec, another Member of our said
Legislative Council;

To our much beloved and faithful Thomas Dunn & (naming
each of the Legislative Counsellors) and to all others to whom these
presents shall come or may in any wise concern.

Greeting —

Whereas Louis Charles Foucher, Esquire, one of the Justices
of our Court of King's Bench of and for our District of Montreal
in our said Province of Lower Canada, before Us, by the Assembly
of our said Province, in the name of the said Assembly and of all the
Commons of our said Province, in our Provincial Parliament of our
said Province, hath been and is and Stands impeached and accused
of divers high Crimes and misdemeanours, by him the said Louis
Charles Foucher committed & perpetrated : —

We considering that Justice is a most excellent virtue, and
being willing that the said L. C. Foucher should in our Legislative
Council of our said Province according to the Criminal Law of that
part of our United Kingdom of Great Britain and Ireland called
England and of our said Province (a) be heard, sentenced, and
adjudged, touching and concerning the said high Crimes & misde-
meanours whereof he stands impeached and accused as aforesaid:
and that all other things which are necessary in this behalf should
be in due manner done and executed; and very much confiding in
the Fidelity, Prudence, provident circumspection, and Industry
(a) of you the said (such member or members as may be selected to
fill the office of Steward) have by and with the advice of our Execu-
tive Council of and for our said Province of Lower Canada for this
cause ordained constitute and assigned and hereby do ordain con-
stitute and assign you the said our

Justice Commissioner and Steward (b) of in and for our said
Province of Lower Canada to bear, execute, and exercise for this
time the said office, with all things to the said office in this behalf
due and belonging: and the said high crimes and misdemeanours
whereof the said L. C. Foucher so as aforesaid stands impeached
and accused, to hear and determine by the Oaths of good and lawful
men, being Members of our said Legislative Council of our said
Province of Lower Canada, as to Justice doth belong according to
the Criminal Law of that nart of our United Kingdom of Great

A Commission
to hear and
determine only
and not to
inquire, is
valid.

2 Hale P.C.
21. Art. 6.
So is a Com-
mission of Oyer
& Terminer
for the
particular
offence only.
Id. Art. 4.

See the Com-
mission of Lord
High Steward
issued for the
trial of Lord
Lovat, as settled
by a resolution
of the LaAvs —
State Trials.
Vol. 9, p. 621.

(a) Quebec Act,
34 Geo. 3, c. 63.
s. 11.

(a) Lord Lovat'
Commission
7 St. Tri. 422
& many others.

(b) Commiss^ions
of L<l Lovat,'
L<i Mot ley &
others St. Tri.

1. From the copy in the Canadian Arcljives. Duplicate De-patches, Lower Canada, 1818.

2. Simon, Lord Loval, was impeached by the House of Commons in 1746, the charges
arising out of his alleged connection with the Scottish rebellions of 17-i.j and 1745. Tlie trial
took place in Westminster Hall in March, 1747, and the Droceedinqs are reported in Stale
Trials, (Ed. of 1813) Vol. XVIII, page 530. The commission to the Chancellor, Lord Hard-
wicke. as Lord High Steward may be found at page 541.

CONSTITUTIONAL DOCUMENTS 519

SESSIONAL PAPER No. 29c

Britain and Ireland called Eng'land and of our said Province of

Lower Canada (c) and therefore We command you the said (c) Ordinary

our Justice Commissioner and Commissn of Oyef

- ., , TT 1 . & Terminer: —

Steward as aforesaid that you diligently set about the premises, This being but

and for this time do exercise and execute with effect all those things iii the nature of

, . , , 1 , • 1 rr> 1 1 • 1 • 1 • ,1 • such a Commission,

which belong to the said oince, and which are required m this i-o^ter 142.
behalf (d) • (d) Ld Lovat's and

And by the tenor of these Presents We do Command and do Commi^ss'M.*

give and grant unto you the said our

Justice Commiss'" and Steward as aforesaid full and sufficient power
and authority at certain days and times during the now next ensuing
Session of our said Provincial Parliament and at a place certain
within our City of Quebec in our said Province of Lower Canada
(which you the said our Justice Commissioner and Steward as afore-
said and you the said (naming all the rest of the Legislative Coun-
sellors) (e) in our said Legisla|;ive Council for the purposes before (^) See Foster li2
and hereafter mentioned shall appoint (a) the said high crimes and' ^fj ^^ '^ Session
misdemeanours whereof the said L. C. Foucher so as aforesaid is and this sterns to be

stands impeached and accused, and the articles of accusation con- ?^*i^ff!!J^i «

T 17/71 -lA c ^^ however no such

cernmg the said L. C. Foucher adopted by the said Assembly oi our form to my

said Province, and by the said Assembly unto us presented and pre- knowledge,
ferred, and by which, before us, the said L. C. Foucher in our said
Provincial Parliament, of the high crimes and misdemeanours
aforesaid hath been and is and stands impeached and accused, and
esch and every of the said Articles of accusation, and the matter
thereof (b), To hear and determine by the Oaths of good and lawful (b) Foster 142.
men, being Llembers of our said Legislative Council of our said Pro-
vince of Lower Canada as to Justice doth belong (c) according to If^ Common
the Criminal Law of that part of our United Kingdom of Great Oyer & Terminer.
Britain and Ireland called England and of our said Province of
Lower Canada : —

Further the Articles of -accusation aforesaid against and con-
cerning the said L. C. Foucher so as aforesaid adopted and so as
aforesaid presented and preferred imto us by the said Assembly of
our said Province, which We have this day sent unto and delivered
into the Custody and Keeping of our trusty and well beloved William
Smith Esqr. our clerk of our said Legislative Council by precept

under the hand and Seal of you the said

our Justice Commissioner and Steward as aforesaid to him the said
William Smith for that purpose directed (d) to send for, and the .^^ j^^ Morlev's
same with all things thereunto relating from the Custody and Keep- case 7 St. Tri."'423
ing of the said William Smith to remove and bring before you the

said our Justice Commissioner

and Steward as aforesaid & thereupon to proceed: Further — the said
L. C. Foucher before you to vSummon and to convene and cause to
appear, and him the said L. C. Foucher thereupon to hear and to
compel to answer unto the aforesaid articles of accusation and unto
the matter thereof, and unto all things touching and concerning the
said high Crimes and misdemeanours whereof he thereby is and stands
accused and impeached as aforesaid — Further — our much beloved
and faithful the Legislative Counsellors of our said Province of
Lower Canada hereinbefore mentioned, that is to say E. F. &c &c
and all and each and every of them, by whom, and by whose Oaths

520 - CANADIAN ARCHIVES

4 GEORGE v., A. 1914

the truth in this behalf touching and concerning the matter of the
said articles of accusation and the said high Crimes and misdemean-
ours whereof the said L. C. Foucher is and stands impeached and
accused as aforesaid, may be the better known before you the said

our Justice Commissioner and

Steward aforesaid by the ministry of our trusty and well beloved
William Ginger, our Sergeant at Arms of our said Legislative
Council, by precept under the hand and Seal of you the said

our Justice Commissioner and

Steward as aforesaid to him the said William Ginger for that pur-
lb) Ibid. pose directed (b) to summon convene and cause to appear at 'days
and times during ' now next ensuing Session of our said Provincial
Parliament and at ' place within our said City of Quebec which you '
scid A. B. &c &c (all 'an) in our said Legislative Council for' pur-
poses hereinbefore and hereafter mentioned shall so as aforesaid
appoint — and lastly the truth in this behalf touching and concerning
the matter of the said articles of accusation and the said high crimes
and misdemeanours, whereof the said L. C. Foucher is and stands
impeached and accused as aforesaid being by such ways methods and
(c) 3 Int. 30. means as aforesaid known and declared by Verdict (c) to proceed
therein to Judgment, and, if need be to sentence and execution
against the said L. C. Foucher, as to Justice doth belong according
to the Criminal Law of that part of our United Kingdom of Great
Britain and Ireland called England, and of our said Province of
{(1) St. Tri. 422. Lower Canada (d)

And we do hereby Command and Strictly enjoin you the said

(all the Legislative Counsellors) and

each and every of you, that at the days and times during the now
next ensuing Session of our said Provincial Parliament, and at the
place within our said City of Quebec which you the said (all '
Counsellors) in our said Legislative Council for the purposes herein-
before and hereinafter mentioned, shall appoint you and each and
every of you do attend to act respectively in form aforesaid in the
ib) F.N.B. 255 B. premises (b)

And we do also hereby Command and Strictly enjoin our said
trusty and well beloved William Smith our Clerk of our said Legis-
lative Council as aforesaid that at the days and times and at the
place which for the purposes hereinbefore and hereinafter mentioned
shall in manner and form aforesaid be appointed he do also attend,
^nd that the aforesaid Articles of accusation against and concerning
the said L. C. Foucher so as aforesaid by us sent imto & delivered
into the Custody & Keeping of him the said William Smith with
all things thereunto relating, he do then and there bring and deliver
unto you the said our Justice Com-

(c) 7 St. Tri. 422 missioner & Steward as aforesaid, when thereunto required (c)

And we do also hereby Command and Strictly enjoin our said
trusty and well beloved William Ginger our Sergeant at Arms of
our said Legislative Council, that at the days and times and at the
place which; for the purposes hereinbefore and hereinafter men-
tioned, shall in manner and form aforesaid be appointed, he do also

(d) See the percept attend, and that then and there he do execute and perform all and
on a Comiiiission every those things which unto his office do appertain in this behalf
Tprminer. to be done (d)

CONSTITUTIONAL DOCUMENTS 521

SESSIONAL PAPER No. 29c

And lastly, We do also hereby Command and Strictly enjoin
all others our Officers, Ministers, Servants & Subjects whomso-
ever that in the due execution of the premises & of these presents
they and every one of them, in all things, be aiding and assisting

to the utmost of their power, unto you the said

our Justice Commissioner and Steward as

aforesaid and unto you the said (naming the rest of the Counsellors)
(a) 7 St. Tri. 422 respectively as becometh (a)

In testimony whereof We have by our express Command caused
these our Letters to be made Patent and the Great Seal of our said
Province of Lower Canada to be hereunto affixed and the Same to be
entered of Eeeord in our Eegister's Office of Enrolments in our said
Province

Witness our trusty &c
Our Draft

[Signed] N. E. GEEALD UNIACKE

Atty Gen^
[Signed] CHAELES MAESHALL

SoP Gen^
Quebec 26 Nov' 1817

OPINION OE THE LAW OFFICEES OE THE CEOWN ON QUESTIONS
SUBMITTED BY THE EXECUTIVE COUNCIL.

OPINION OF THE ATTORNEY GENERAL AND SOLICITOR GENERAL.^

P** Has the Legislative Council the native and inherent Jurisdiction of the
House of Lords for the trial of impeachments by the Commons of Lower Canada ?

We are of opinion that the Legislative Council has not the native and inherent
Jurisdiction of the House of Lords for the trial of impeachments by the Commons of
Lower Canada.

2^ Can the Crown by Commission give to the Legislative Council the native and
inherent Jurisdiction of the House of Lords, so as thereby to enable each Member to
sit as Judge both of Law and fact ?

We are of opinion that the Crown by Commission cannot give to the Legislative
Council the native and inherent Jurisdiction of the House of Lords, so as thereby to
enable each Member to sit as a Judge both of Law and fact.

[Signed.] NOEM<^ F. GEEALD UNIACKE

Atty Gen'-

Quebec 1st December, 1817. [Signed.] CHAELES MAESHALL

So?- Gen'-

OPINION OF THE ADVOCATE GENEEAL.

Question. Has the Legislative Council the native and inherent Jurisdiction of
the House of Lords for the trial of impeachments by the Commons of Lower Canada?

Answer. The right in the Legislative Council to try must be coeval with that
of the House of Assembly to impeach, the one it would appear to me is a necessar;y-
consequence of, and cannot exist without the other; But by the Constitutional Act (31
Geo. 3. c. 31) neither the one right nor the other is vested in those two Branches; the
right of impeachment in the true and legal sense of the word only exists in the Com-
mons of the United Kingdom, and not in the Colonial Assembly. Any complaint there-
fore on the part of the Assembly of improper conduct in any public Officer can only be
by Petition to the Throne, and the right to direct an Investigation of the Subject

1. From the original opinion in the Canadian Archives, Sundry Papers, Secretary of
£tate. Lower Canada, 1817.

522 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

matters of the Complaint will be in the Crown, but no Court can be created for the
trial thereof, as such complaint cannot be deemed a legal accusation.

Question. Can the Crown by Commission give to the Legislative Council the
native and inherent Jurisdiction of the House of Lords so as thereby to enable each
Member to sit as a Judge both of Law and fact?

Answer. It does not appear that the Crown can issue such a Commission.

Quebec 1 Dec' 1817.

[Signed.] GEOEGE PYKE
Ad. Gen^- L.C.

EEPORT OF EXECUTIVE COUNCIL ON THE ISSUING OF
A COMMISSION FOR THE TRIAL OF JUSTICE
FOUCHER.i

Tuesday 18* November 1817

At the Council Chamber in the Castle of S*^ Lewis

Present

His Excellency Sir John Coape Sherbrooke G.C.B. Captain General
and Governor in Chief &" &'= &'^

■ The Chief Justice
M' Young i^

M'" Irvine I

The Hon^i^ j M^ Duchesnay i

M"^ Perceval
W Perrault and
^M' Smith

His Excellency laid before the Board'a Dispatch from the Earl
BathuS/s^Dis''''^ Bathurst dated the 5*-^ day of July last," together with the Draft
patch, & the 0^ ^ Commission' prepared by the Law Officers of the Crown for

Draft of a Com- the Trial of M^ Justice Foucher.

Trial of Mr. -^^^ -^^^ Excellency referred the same to the consideration of a

Justice Foucher. Committee of the whole Council in Order that he might receive their

Advice as to the Measures most proper to be pursued in Order to

enable him in this Instance to carry the Commands of His Royal

Highness the Prince Regent into effect.

REPORT OF THE JUDGES OF THE COURT OF KING'S BENCH ON THE
TRIAL OF JUSTICE FOUCHER.

REPORT OF THE JUDGES OF THE COURT OF KINO's BENCH^ MONTREAL."

(Copy) Montreal 29"^ Dec^— 1817

Sir, %

We have to request that you will express to His Excellency the Governor in Chief
that We have considered His Excellency's reference upon the Subject of M'' Justice

1. From the original minutes of the Executive Council, State Book I, Lower Canada,
page 280.

2. See page 510.
. 3. See page 518.

4. From the Copy in the Canadian Archives, Q. 148, part 1, page 47. The draft com-
mission prepared by the Attorney Greneral and Solicitor General was submitted by Sir John
Sherbrooke to the Judges of the Court of King's Bench together with the opinions of the
Law Officers and their opinion was requested on the method of procedure and the validity of
the commission.

r

CONSTITUTIONAL DOCUMENTS 523

SESSIONAL PAPER No. 29c

Foucher's trial communicated by your letter of the 13^^ instant with the several
inclosures, and with all deference submit our opinion —

That the Legislative Council of this Province of Lower Canada is not by the
Constitution thereof vested with the power or authority of trying and determining
the impeachment made by the House of Assembly against M"^ Justice Foucher^ — And
as it has been directed by the Crown, that in this and all similar cases of impeachment
by the Legislative Assembly, the adjudication of the charges preferred against the party
shall be left to the said Legislative Council, We are of opinion, that this power may
and ought to be communicated and transferred in this instance to that Body, by Com-
mission under the Great Seal of the Province —

Having examined the draft of the Commission^ submitted to Us for transferring
the above Powers and authorities to the said Legislative Council, We humbly submit,
that, in our opinion, the said Commission does not sufficiently convey to the said
Council the requisite authority in this behalf in as much as the said Commission
purports to establish a Court of the High Steward, in which according to the course and
practice in England he alone is Judge in all points of Law and practice and the Peers
therr- (as the Councillors to be Summoned here) are merely triers and judges of the
fact ; by this Commission the sole right of judicature will be vested in the High Steward,
Whereas we conceive, that according to the meaning and intention of Earl Bathurst's
dispatch," this power should be given to the whole Legislative Council in such manner
as to assimilate that Body to the Court of Peers in Parliament, in which every Peer
present at the trial voteth upon every question of Law and Fact and the question is
carried by the Major Vote; and although in this Court a High Steward may be
appointed for the Order and regularity of the proceedings, yet he is not absolutely
necessary for the validity thereof r and when appointed he acts only as a Speaker or
Chairman and Votes as any other Peer, or Member of the Court. —

We are therefore of opinion that the Commission in question should be drawn
from such precedents as will convey this equal power and authority to the Legislative
Council collectively; and in case they shall see necessary to apply for the appointment
of an High Steward, for the order and regularity of their proceedings, it might be
thereupon granted to them. —

We at the same time submit, how far it might be advisable in order to facilitate
the course of proceedings to be had upon any similar or other impeachments, which may
at any time hereafter be made by the Legislative Assembly against any person, that an
act of the Provincial Legislature should be obtained to vest and establish in the
Legislative Council the right to try and determine all such impeachments and to
regulate the proceedings to be had thereon.

We are. Sir, &c

(Signed) J. Monk Ch. Just.
(Signed) J. Ogden, J.B.R.
(Signed) J^ Eeid J.K.B.
A. W. Cochran Esq"'"
&c. &c.

1. See page 504.

2. See page 518.

3. See page 510.

524 CANADIAN ARCHIVES

4 GEORGE v., A. 1914
REPORT OF THE JUSTICES OF THE COURT OF KING'S BENCH, QUEBEC.^

To his Excellency Sir John Coape SlierLrooke G.C.B. Captain
General & Governor in Chief in and over the Provinces of Lower
and Upper Canada &c &c &c.

May it please your Excellency — ,

In Obedience to your Excelleneys Commands, We have taken into our Considera-
tion, The Draft of the Commission prepared by his Majestys Attorney and Solicitor
General, to enable The Legislative Council to hear and determine. The articles of
Impeachment exhibited by the Assembly against Mr. Justice Foucher. And having
also taken into our Consideration, The Despatch of Earl Bathurst which on the behaH
of his Royal Highness The Prince Regent directs That the Charges preferred by this
Impeachment against Mr. Foucher shall be left to the Adjudication of the Legislative
Council —

The References which have been thereupon made by your Excellency to his
Majestys Executive Council and to the Attorney Solicitor and Advocate General, and
their respective answers and reports thereon; We are upon the whole of Opinion,
That a Commission under the great Seal of this Province conformable to the Draft,
prepared by the Attorney and Solicitor General, and Submitted to Us, Is the proper
and the legal course for carrying the commands of His Royal Highness the Prince
Regent in this behalf into Effect.

The Subject upon which your Excellency by your Reference, has been pleased to
call for our Sentiments, is one of Novelty and veiy great Importance, and as we con-
ceive it to be our duty for these reasons, to lay before your Excellency the ground of
the Opinion whichWe submit, AVe shall with your permission proceed to state them.

The Introduction of the Criminal Law of England, into Canada, was one of the
Effects of the Conquest of that Province by his Majestys Arms, and its establishment
Was confirmed by the ll**^ Clause of the British Statute 14 Geo. 111. Cap. 83 commonly
called The Quebec Act, in these Words — " Whereas the Certainty and Lenity of the
Criminal Law of England, and the Benefits and Advantages resulting from the Use of
it have been sensibly felt, from an Experience of More than Nine years during which
it has been uniformly administered ; Be it therefore Enacted &c.. That the same shall
continue to be administered and shall be observed as Law in the Province of Quebec
as Well in the description and quality of the Offence as in the method of prosecution
and Trial '"■

The Criminal Law of England, And The Criminal Law of Canada is therefore one
and The same System, And in this System the following are clear Propositions — viz —

That an Impeachment is an Accusation for some Criminal Offence, and that a
Commoner cannot be impeached for any other offence^ Than a misdemeanour.'*

That all Judicial Jurisdiction emanates from the Crown and that all Judges must
therefore derive their Authority from the King, mediately or immediately.^

That The King by his Prerogative, may erect what Covirts he pleases for the due
administration of the Law and in what place He pleases," especially where, no Juris-
diction exists for the Trial of the Offence, for which He erects his Court,' It being
however provided That He cannot by his Commission establish a Court in derogation
of any of his Superior and permanent Tribunals,^ nor empower a Court erected bj

1. From the copy in the Canadian Archives. Q. 148, part 1, pase &0.

2. See Constitvtional Documents, 1759-1791, Shortt and Doughty, 1907, page 40 1.

3. The notes above the line are given in the original opinion of the .Tndges of the Court
of King's Bench.

4. 4th Commentaries, 259. Woodson's Lectures. Vol. 2, 601.

5. Bacon's abridgment. Vol. 4, p. 171, Prerogative D.
€. Comyn's Digest Prerogative. Q. 28. Vol. 6, p. 46.

7. 4th institutes, 164-3, Leach Hawkins, p. 33.

8. Cokes Repts., 9th, p. 118-6 Lord Sanchard's case. 111 Leach Hawkins, p. 26-3.

CONSTITUTIONAL DOCUMENTS 525

SESSIONAL PAPER No. 29c

his Commission Solely to proceed in any other Way than According to the Common
Law — ^

That Therefore in all Courts of Criminal Jurisdiction erected solely hy the Kings
Commission, The Trial must be by Jury, That is to say That in such Courts, The
same persons cannot by the Commissiou be authorized to decide both the Law and the
fact, on the Contrary, That in Courts so erected, a part must alone decide the fact —
Ad quastionem Juris respondent Judicies, Ad quastionem facti respondent Juratores,
is a general and fundamental Maxim of the Common Law — '

As these propositions are equally Principles of Law in England and in Canada,
It would necessarily follow. If the State of Things and of Facts in both Countries were
the same. That the result of them when applied in practice to a case of Impeachment,
would also in each be the same, But the State of Facts and of things in England and
in Canada being essentially dissimilar, The result in the Latter diifers from the result
in the former.

In England every impeachment by the Commons must necessarily be tried in the
House of Lords and no Commission (Not even a Commission for the appointment of
a Lord High Steward) is required to enable that august Body to take Cognizance of
such accusations —

But this is the case in that Kingdom because the House of Lords is possessed of an
Inherent Judicial Jurisdiction, which it derives from the Aula Regis of which The
" Barronnes Majores " were a constituent part^ And as this Jurisdiction is exercised
by that Body, upon the ground of immemorial Usage, which presupposes a Law by
which it has been vested in that House. To which the Sovereign has given his Assent.
or a Grant of some description from the Crown made under the Authority of some L^w
to warrant it, It is a Jurisdiction emanating, either mediately or immediately from
the Crown — The House of Lords therefore sits as a Court of Law, as well as a Legis-
lative Body, It is in fact the Supreme Tribunal of the Kingdom, " The Court of the
King in Parliament " and during the Sessions it holds and exercises an Original Juris-
diction over all accusations for Misdemeanors preferred by Impeachment against any
of His Majestys subjects, and All Accusations for Felony preferred by Indictment,
against its own Members; with a general Appellate Jurisdiction in Error, as Exer-
cised by the Aula Regis.*

The Exercise of that part of the Royal Prerogative which authorises the King " to
erect what Courts he pleases for the due Administration of the Law and in what place
he pleases, has therefore in England been rendered, not only unnecessary, but has
been and yet is limited by the Erection of the Aula Regis and the Inherent Jurisdiction
of the House of Lords, which has proceeded from that Erection — It is becaiise the King
cannot by his Commission, " establish a Court in derogation of any of his Superior
or permanent Tribunals" That No Commission has been issued in England for the
Trial during a Session of Parliament of any Impeachment — The Supreme Tribunal
of the House of Lords " The Court of the King in Parliament " opens with every Ses-
sion and continues open until the Parliament is prorogued, And during this period
no other Court could or can, under the Authority of any Commission issued by the
Crown for The Trial of any Impe'achment be opened or sit for that purpose — If it were
otherwise such a Commission would derogate from the Kings Superior and permanent
Tribunal of the House of Lords, And its operation would be in direct Opposition to the
Established Maxim " In praesentia Majoris cessat Potestas Minoris "^

But from these facts it does not follow That an Impeachment by the Assembly

1. 2d. Ventris, 33, Hobart. 63-4 Justut. 165.

2. Jenkins Centuries, 7th Century, 18th Case Fol. Ed. p. 285. Cokes Repts., 8th Part,
1550, Astrays Charge, p. 4.

3. Bacon's abridgment, 1,583, Fol. Ed. Gilberts Forum Romanum, pp. 2 ans. 8. Eeeves
History of the English Law, Vol. 11, pp. 61, 62 and 63.

4. The authorities under 232/i.

5. See Gilberts Forum Romanum. p. 3, as to the Aula Regis in particular.

526 CANADIAN ARCH IVES

4 GEORGE v., A. 1914

of Lower Canada cannot be had in that Province, under the Authority of the Kings
Commission in the Legislative Council during a Session of the Provincial Parliament,
or, That it can be then & there Tried without a Commission — It is true That during
the Trials, The Assembly being prorogued is in the same situation that the House of
Commons are during the recess in England and as in consequence of a prorogation
neither the House of Commons in England nor the Assembly in Canada, can during the
recess appear to prosecute in any Court. No Commission has been or can be Executed
in any Interval of this discription, either in England or in Canada; But with respect
to the period of the Sessions, during which the Assembly of course can appear to prose-
cute. If it be true That in England it is the peculiar Inherent and exclusive Jurisdic-
tion of the House of Lords which prevents the Exercise of The Royal Prerogative and
the issuing of Commissions for the Trial of Impeachments during a Session, And if
it be also true that the Legislative Council are not possessed of the peculiar inherent
& exclusive Jurisdiction of the House of Lords (which we shall proceed to show) It
must unavoidably follow until it is proved That there is some other legal Impediment
to the Exercise of the Eoyal Prerogative in this respect That the King may in this
Province issue a Commission for the Trial according to Law of persons charged with
Misdemeanors by Impeachments exhibited by the Assembly In Consequence of the
general principle which We have stated, and which in Canada if there be no such
Inherent Jurisdiction in the Legislative Council is unlimited viz. " That the King by
" his Prerogative may erect what Courts he pleases for the due Administration of the
" Law and in what place he pleases, especially where no jurisdiction Exists for the
" Trial of the offence for which He erects his Court "

A principle distinctly recognised by the 17th Section of the Quebec Act. 14 Geo.
111. c. 83 Which enacts " That nothing herein contained shall extend or be construed
" to extend to prevent or hinder his Majesty his Heirs and Successors by his or their
" letters patent under the great Seal of Great Britain from erecting constituting and
'' appointing such Courts of Civil, Criminal and ecclesiastical Jurisdiction within and
" for the said Province of Quebec and appointing from Time to Time the Judges and
*' Officers thereof .as his Majesty his Heirs and Successors shall think necessary and
'' proper for the Circumstances of the Province,^ and particularly applicable to
the State of the Province, in which no Jurisdiction exists for the Trial of offences
charged against Individuals by the Impeachments of the Assembly —

We admit, That if an Impeachment by the Assembly be tried in the Province, it
must be tried in the Legislative Council. For as An Impeachment is an accusation on
the part of the entire Commons of the Province, all persons resident therein except the
Governor and the members of the Legislative Council are obviously parties to the prose-
cution as Accusers and consequently incompetent to try,^ But we say. That
inasmuch as the Legislative Council is not possessed of the Inherent Jurisdiction of
the House of Lords, His Majesty by his Commission in the nature of a Commission of
Oyer and Terminer may and must enable the Legislative Council to take cognizance
of and to determine the articles of Impeachment exhibited against Mr Justice Foucher
by the Assembly — And this appears to us to be warranted by the course pursued in
England to enable the House of Lords to take cognizance of matters which it ought to
decide, but which, for want of its Inherent Jurisdiction, at the Time such course is
required, it cannot otherwise take cognizance —

We have stated that in England No Commission has even been or could be issued
for the Trial during the Session of Parliament of any impeachment or Indictment nor
of any impeachment during a recess, and we have also stated the causes. Why Com-

1. See Constitutional Documents. 1759-1791, Shortt and Doiiglitv. 1907, page 404.

2. See the Statute, 25 Ed. Ill, Stat. 5.

At the time of the impeachment of Chief Justice Sewell aud Chief Justice Monk, in
1814, this contention was used as the basis nf an argument agaiuvst the right of the House o-f
Assembly to exhibit articles of impeachment.

CONSTITUTIONAL DOCUMENTS 527

SESSIONAL PAPER No. 29c

missions have not at such Times respectively been issued for these purposes — That is
to say. Because during the Session The Inherent Jurisdiction of the House of Lords
defeats the Commission — and because during the Recess the Commons cannot appear
to prosecute — ^We have now to derive That "When these causes do not exist, The House
of Lords even in Matters of its own proper Cognizance does sit hy virtue of the Kings
Commission, We allude to the Various Cases of Peers who have been tried in the Recess '
upon Indictments for Felony which being at the Kings suit are prosecuted by the
Attorney General who can at all Times appear for that purpose

In these Instances the Lords have always sat under the Authority given by the
Commission issued for the appointment of the Lord High Steward, which says Mr.
Justice Foster, is but a Commission in the " Nature of a Commission of Oyer &
Terminer "^ consequently as in England a Commission for the Trial of a Peer
indicted for Felony may issue in the Recess because in that Interval The Inherent
Jurisdiction of the House of Lords does not exist to prevent it, and the prosecutor can
appear to prosecute — So in Canada by parity of Reason, A commission may in like
manner be lawfully issued for the Trial of a project in the Legislative Council during
the Sessions, impeached by the Assembly, Because in Canada during the Sessions,
There is no jurisdiction Existing in the Legislative Council to prevent it and the
Assembly who are the prosecutors can then appear to prosecute.

We proceed now to show " That the legislative Council are not possessed of the
" peculiar inherent and Exclusive Jurisdiction of the House of Lords under which that
" House takes cognizance of Impeachments without a Commission," and as this is a
point upon which his Majestys Attorney and Solicitor General and all the Judges
agree^ We shall state our reasons for our opinion on this head, more succinctly Than
we otherwise should have done
We hold this opinion,

1st Because the Judicial Authority of the House of Lords, is derived from the
Aula Regis — and not from its Legislative Character.

2d Because by the Letter of the Statute 31. Geo. III. 31. The Legislative Council
is constituted a Legislative Body solely and is not invested with any Judicial Authority.
3d. Because according to the principles of the Constittition, The Legislative and
Judicial Powers are distinct and inconsistent with each other, and as such should be
vested in different hands ; so that J udicial power or Jurisdiction in either House of the
Provincial Legislature cannot be inferred by Implication, from the Statute (31 Geo.
III. c. 31.)

4th Because the Legislative Council, have solemnly and unanimously resolved
" That the right of hearing and determining impeachments exhibited in this Province
" by the People of this Province is not vested in the Legislative CounciF upon
which we may be permitted to observeThat it is a resolution similar to that of the House
of Lords in 1330, upon the case of Simon de Beresford and other Commoners, who hav-
ing been "-^t the Kings Suit", then recently tried by the peers of the Realm for Treason
It was by them Resolved, " That though they had for this Time proceeded (at the
"Kings suit) to give judgment upon those that were no peers, hereafter these judg-
" ments should not be drawn into example or consequence so that they should be called
" upon to Judge others than their peers contrary to the Law of the Land^ Upon
which Sir Mathew Hale has observed in his " Jurisdiction of the House of Lords "
That it was certainly as solemn a declaration by the Lords as could be made less than
an Act of Parliament, and is as high an Evidence against the Jurisdiction of the
Lords to try or Judge a Commoner in a Criminal cause (at the suit of the King) as

1. Foster, p. 148.

2. See pages 521 ami 52.3, and also the opinion of the British Law officers of the Crown,
page 480.

3. Printed .Journals of the Legislative Council, Anno, 1814, p. 73.

4. This resolution was passed at the time of the impeachment of the Chief Justice, see
l>age 461.

4. 4th Hasten, 67.

528 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

can possibly be thought of. 1st Because done by way of declaration to be against Law,
and 2dly Because it is a declaration by the Lords in disaffirmance of their own Juris-
diction^

5th Because in Conformity to the principle of the above resolution of 1814-, ' The
Legislative Council in the Case of Mr. Justice Foucher have confirmed their previous
declaration, by their address to his Eoyal Highness the Prince Regent, in which they
pray that the articles of complaint against him exhibited by the Assembly may be heard
and determined in due course of Justice in the Legislative Council " vmder such Com-
" mission as his Royal Highness shall see fit to issue for that purpose, with such
" powers and limitations as to His Royal Highness shall Seem meet — '

Lastly — Because the Assembly by Impeaching Mr. Justice Foucher, not to the
Legislative Council but to the King, and by their Address praying " That the
Authority of His Majestys Government" may be interposed in such way as in the
Wisdom of His Royal Highness the Prince Regent may appear necessary for the bring-
ing him to Justice^ The Legislative Council by their above mentioned resolution
and Address — And the Crown by its Commission empowering the Legislative Council to
take Cognizance of the Impeachment of Mr. Justice Foucher — jointly put a Construc-
tion upon the Constitutional Act 31. Geo. III. Cap 31 to this Effect, viz— That no
judicial power was given by that Act to the Legislative Council, but that such power
may be given by Commission from the Crown — and — That the Inherent Jurisdiction of
of the House of Lords is not vested in that Body — ^^Vhich of less than an Act of the
Provincial Parliament is at least, a joint Parliamentary declaration by the Three
Branches of the Provincial Legislature not only as to the Effect of the Statute 31 Geo.
111. cap. 31. but as to the Ability of the Legislative Council to try without a commis-
sion, and to try with a Commission from the Crown, but little if at all inferior to a
declaratory Statute.

The Draft of the Commission* submitted to us, provides for the same course
of proceeding under it in the Legislative Council as is pursued in England in the House
of Lords, when the Peers sit for Trials by virtue of the Kings Commission and not of
their inherent Jurisdiction, and this we take to be correct — The Quebec Act has
declared That the Criminal Law of England shall be observed in this Province " in
the method of Trial " which implied of course That there must be a Jurisdiction legally
competent to any method of Trial which may happen to be proposed before that method
can be adopted — Wliere there is no Jurisdiction there can be no Trial whatever. And
where the Jurisdiction in which a Trial may be had is not competent to a particular
method of Trial, That particular method of Trial cannot be pursued because as to it.
There is no Jurisdiction — If therefore the Legislative Council have not the inherent
Jurisdiction of the House of Lords, There can be no Trial before them according to the
course of that Inherent Jurisdiction, For as the principle does not Exist The xlccessorv
cannot follow; But on the contrary If an offence cognizable in the Legislative Council
be brought to Trial in that House under a Commission from the Crown It follows
as we conceive That since the Law of England is to be observed in the method of Trial,
The course of proceeding must be such as is used in England on Trials in the House
of Lords, when that House is not in the Exercise of its inherent Jurisdiction but sits
for Trial by Commission from his Majesty. And this again is strictly conformable to
the principle which we have stated vizt. '' That in all Courts of Criminal Jurisdiction
'•' erected by the Kings Commission, The Trial must be by Jury That is to say that in
" such Courts The same persons cannot by the Commission be authorised to decide both
" the Law and the Fact on the contrary That in Courts so erected, a part, must alone

1. Hales Jurisdiction of the House of Lords, Cap. 16, p. 92, 4th Hastell, 285.

2. Printed Journals of the Legislative Council, Anno., 1817, pp. liC. 117.

3. Printed Journal of the Assembly, Anno., 1817, p. 550.

4. See page 518.

CONSTITUTIONAL DOCUMENTS 529

SESSIONAL PAPER No. 29c

" decide the Law and a part must alone decide the Fact " — For although each Peer of
the House of Lords when that House is in the exercise of its inherent Jurisdiction
possesses the extraordinary power (derived from the Aula Eegis) of deciding both the
Law and the Fact, Yet when it Sits for Trial under the Authority of the Kings
Commission The Power of deciding The Law is vested exclusively in the Lord High
Steward, and the power of deciding the Fact exclusively in the rest of the Peers —
And this division of Powers, is the principle effect of the Commission submitted to us —

We do not apprehend it to be necessary for us to enter further into the Considera-
tion of this part of the subject before us; And to what we have said we shall only
add — That your Excellency being empowered by his Majestys Commission under the
Seal of England to erect such Courts as you may see fit to erect with the Advice of the
Executive Council Your issuing of the Commission in question with such Advice under
the Great Seal of this Province appears to us sufficient

The Court thus Constituted will mediately be erected under the Great Seal of
England and by his Majesty, In whom the Quebec Act as before observed, recognises
the Prerogative of Erecting under the Great Seal of England such Courts as he may
see fit to erect in Canada — We beg leave to refer to two Peports of Sir Philip Yorke

and Sir Clement Wearg — And of Sir Dudley Kyder

by which this part of our Opinion appears to be fully corroborated '^^' — ^It may however
be more expedient that it should be issued under the great Seal of England.

All which nevertheless is most respectfully submitted —

(Signed) J. SEWELL Ch. Just.
" OL. PEERAULT J.B.R.

EDW^ BOWEK J.B.E.
Quebec January

1818—
18. See Chalmers. Opinions Vol. 1, p. 222 and 2d. 238, No. 5 and 240, No. 6.

Endorsed : —

Report of the Justices

of the Court of Kings Bench

of Quebec on the Case

of Mr. Justice Foucher.
Jan>- 1818.

REPOET OF THE EXECUTIVE COUNCIL ON THE TEIAL OF- JUSTICE

F0UCHEE.1

Saturday S"^ January, 1818.

MINUTES OF THE EXECUTIVE COUNCIL.

At the Council Chamber in the Castle of S*^ Lewis.

Present
His Excellency Sir John Coape Sherbrooke, G. C. B. Captain General and Gov-
ernor in Chief, &c, &c, &c.
The Chief Justice

The Hon^i^ W Young.
M"^ Irvine.
M'' Perceval.
M^ Perrault.

and
M' Smith.

1. From the original Minutes of the Executive Council, State Book; Lower Canada,
page 294.

29c— 34

530 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

His Excellency submitted to the Board whether considering the ditferenee of
opinion which exists with respect to the Mode of carrying into execution the Instruc-
tions contained in the Earl Bathurst's Dispatch of the 5*'^ July last/ it would not
be advisable to refer the subject of the Impeachment of M"" Justice Toucher again to
the Consideration of His Majesty's Ministers previous to making' a Communication
respecting the same to the Two Houses of Provincial Parliament, in order that posi-
tive and explicit Instructions may be given for the formation of the Tribunal by
which the charges preferred by the Assembly against M"" Justice Foucher are to be
adjudged.

Wliereupon the Board unanimously advised that the whole of the Subject includ-
ing the opinions of the judges and of the King's Lavj officers should be transmitted
to the Secretary of State previous to any Communication being made to the Legisla-
tive Council and the House of Assembly of the Purport of His Lordship's Dispatch.

SHERBROOKE TO BATHURST.'

most secret

& confidentia,!

Quebec 10*^ January, 1818.
My Lord,

Your Loi'dship having signified in your dispatch N° 115^ the intention of His
Royal Highness the Prince Regent to leave in future to the Legislative Council, under
the circumstances therein stated the trial of all future Impeachments by the Assembly,
I conceive it my duty, in a separate communication to call your Lordship's particular
attention to the evils which may arise if it is either left to the discretiofi of the Gov-
ernor, or made compulsory on him, to permit in all cases such trial to take place
without previous reference to the King's Government, For, — this important privilege
being once given to the Council, — if it be left to the Governor of the Colony to judge
in what cases they shall be allowed to exercise it, there will be frequently a risque of his
being embroiled with the Legislature; — and if it be compulsory on him there will be
then the still greater danger of Impeachments being brought to the assembly and
adjudged by the 'Council from party feelings in both those bodies; — -when it would
have been highly desireable that sucli proceedings should have been checked before
coming to trial; — I would therefore most strongly recommend that it should be a
particular instruction to the Governor, in each case of an Impeachment by the
Assembly to transmit such Impeachment, before submitting it to Council, to His
Majesty's Government that they may judge of the expediency of permitting it to be
brought to trial before that body.

I have the honour to be
My Lord

Your Lordship's
Most Obedient

humble Servant

J. C. SHERBROOKE.
The Right Honorable
The Earl Bathurst

1. See page 510.

2. I'rom the copy in the Canadian Archives, Q. 148, part 1, page 8.

3. See page 510.

CONSTITUTIONAL DOCUMENTS 531

SESSIONAL PAPER No. 29c

SHERBROOKE TO BATHURST.^

Secret &
Confidential.

Quebec 10*'^ January 1818
My Lord,

Immediately on the receipt of Your Lordship's dispatch No. 115 authoi'izing tlie
trial of M"" Justice Foucher before the Legislative Council I proceeded to take measures
for carrying these commands of His Royal Highness the Prince Regent into effect ; —
and it is with regret that I find myself now under the necessity of informing your
Lordship that unforseen difficulties have arisen which can only be removed by the
further interposition of the Authority of His Majesty's Government.

Having referred the matter to the consideration of the Executive Council I
received from them the report of which I transmit Your Lordship a copy marked A.
and, on the recommendation therein contained I called for, and received the report
of the law ofiicers of the Crown on the questions submitted by Council, of which report,
as well as the draft of a Commission submitted by the Attorney and Solicitor General
copies are also enclosed marked respectively B & C,' — together with copy marked D
of the explanatory letter of the Attorney General stating his objections to the measure
■^n the score of expediency; — and copy marked E,^ of the Advocate General's separate
report containing his dissent from both the other law Officers as to the tenour and
form of the Commission —

Notwithstanding this difference of opinion the Council on considering the draft
submitted and receiving the answers of the three law officers to further queries put to
them,'' (of which and of their replies copies are also inclosed — marked respectively
F. & G. — recommended as your Lordship will observe in copy of their report herewith
transmitted marked H.° that the Commission, as drafted, should issue without
further reference to the King's Government —

Finding however that the measure proposed, having become matter of public
report, was likely to encounter much opposition; and that from personal animosities
it would probably become a party question, I deferred moving in it until on the meet-
ing of the Legislature I should be able to ascertain the Spirit in which it would be
received by them.

In the mean time however that every possible light might be given to the subject
I referred the matter to the Judges of Montreal and Quebec and received from them
the opinions of which I transmit Your Lordshiep copies marked I. & K.* — And I
request Your Lordships particular attention to these papers, as in them you will find
stated and discussed the principal legal points which have created the existing diffi-
culty.—

When the Provincial Parliament was about assembling I found there would be a
determined and violent resistance in the Legislative Council to the Commission as
proposed, — and the knowledge of this, joined to the force of the objections urged by the
Judges of Montreal determined me,with the concurring recommendation of Council as
contained in their final report of which copy is encPsed marked L.' — -not only to refer
the matter to Your Lordship for further and specific instructions ; but also to abstain
from communicating to the Provincial Parliament those I had already received;' For

1. From the copy in the Canadinii Aifhivp'^, 0. 148, jiart 1. page 8.

2. See pages .512 and 518.
.3. See page 514.

4. See page 521.

5. See page 522.

6. See page 522.

7. See page 529.

8. See the Instructions regarding conununicating to the House of Assembly the decision
of the Prince Regent to refer tlie adjudication of the articles of inii)pachnient to the Legis-
lative Council, page .5.32.

29c— 344

532 CANADIAN ABCHIYES

4 GEORGE v., A. 1914

'though I was convinced that I could have carried the measure through with a strong
hand, — yet when I reflected that the advantage to be expected from its success would
only be in the speedy relief of M'' Foucher, — and considered on the other hand the
disadvantage of risking a violent and irritating contest for the purpose of forcing the
measure. — and the danger of establishing so important a precedent when such a dif-
ference of opinion existed about it among the highest legal authorities of the country,
I could not but think it better to wait for fresh instructions before I pushed the matter
further.

When Your Lordship weighs the considerations that have thus influenced my con-
duct I feel convinced you will not impute to me any wish to shrink from responsibility
or to shelter myself behind your Authority in a case not particularly requiring the delay
of such a reference, and as it is of importance, that that delay should be as short as
possible, I trust that Your Lordship will favour me with an early answer, on the
different legal points that arise out of the inclosed papers, — and will arm me with such
further Authority as shall enable me to silence all doubts and questions, and to carry
into effect the intentions of His Majesty's Government for the trial of M'' Foucher ; —

I have the honour to be
My Lord

Your Lordship's
Most Obedient
humble Servant

J .0. SHERBEOOKE.
The Right Honourable
The Earl Bathurst.

BATHURST TO SHERBROOKE.^

N° 158

Downing Street,

8^1^ April. 1818.
Sir,

I have received and laid before The Prince Regent your secret and confidental
dispatch of the 10*'' Jan^ in which you state the difficulties which had arisen in carry-
ing into effect His Royal Highness's Commands with respect to M"^ Foucher's Im-
peachment and the reasons which induced you again to refer the subject for further
instructions.

His Royal Highness has been pleased to express his entire approbation of the
discretion which you exercised in forbearing to make any communication to the
Provincial Parliament until the opinions of the legal authorities in the Province and
the doubts to which they naturally gave rise had been submitted to the consideration
of His Royal Highness.

You must be perfectly sensible that the only object which The Prince Regent has
had in view during the whole of this transaction has been to place the question of
Impeachment by the Legislative Assembly upon such a footing as to lead to an adequate
and early investigation of the charges made, with as little inconvenience to the parties,
and especially to the accused in the ultimate event of his acquittal, as circumstances
would admit, and it was with this view alone that His Royal Highness was pleased
to direct an investigation of M'' Foucher's conduct in the Province before the Legis-
lative Council in preference to the more regular though dilatory and onerous
course of bringing the parties before the Privy Covmcil in this Country.

The difficulties however which have been urged against such a mode of investiga-
tion, and the little probability of its giving satisfaction to those more immediately

1. From the original despatch in the Canadian Archives, G. 10, page 32.

CONSTITUTIONAL DOCUMENTS 533

SESSIONAL PAPER No. 29c

concerned, have induced His Royal Highness to prescribe another mode of proceeding ;
and I am Commanded to instruct you to acquaint the Legislative Assembly that His
Royal Highness considers it most adviseable that they should proceed to adduce without
delay such documentary evidence as they consider adequate to support the charges
which they have brought against M^ Foucher. That it is further His Royal Highness's
Pleasure that Copies of such charges, together with the proofs of them, should be
submitted to M'' Foucher for his reply, and that his defence should be communicated
to the Assembly for their rejoinder, and that the whole of the documents should then
be transmitted to this Country for the adjudication of His Royal Highness in Council
You will however caution the Assembly against the introduction into that rejoinder
of any new matter as the consequence would necessarily be to retard the decision of
the Privy Council, until the Party accused had an opportunity afforded of replying.
His Royal Highness is aware that an investigation conducted upon these principles might
in ordinary circumstances be supposed to give an imperfect view of the merits of the
case ; but when His Royal Highness considers on the other hand the heavy expense yhick
would be incurred by the Province in bringing before the Privy Council the iDarties^
and their several Witnesses, the inconvenience not only to the individuals concerned
but also to the public interests of the Colony of withdrawing from it for a considerable
period persons who would be more or less concerned in the Administration of its affairs,
and above all when His Royal Highness considers that the Acts which would in all
probability form the grounds of impeachment against any individual would be more
than ordinarily susceptible of complete documentary proof, His Royal Highness is not
disposed to give any weight to such an objection.

At the same time however The Prince Regent is anxious not to withhold either from
the Assembly or from the party accused by them, the most satisfactory means of investi-
gating the accusation and His Royal Highness has therefore instructed me to give you
d still further latitude on this point.

If the course which has been thus prescribed for your adoption should not be
deemed satisfactory you will consider yourself authorized to permit the appointment
of a Committee of the House of Assembly to conduct their accusation against M''
Foucher before the Privy Council and will direct M"" Foucher's personal appearance
to answer to the charge. In giving this permission however you will distinctly under-
stand that this course of proceeding must not be adopted unless the' Assembly pre-
viously engage to make good the fair expences which may be incurred as well in the
prosecution and defence of the Suit as in the removal of the parties from Canada
to England and their return to the Province, and that it be also clearly understood
that His Royal Highness will not require the presence of any Members who may be so
selected to appear on behalf of the Assembly before the Privy Council, unless they
proceed to England with their own entire concurrence.

In leaving it however open to you to recommend this latter course to the adoption
of the Assembly I am to express to you His Royal Highness's decided opinion that it
should only be resorted to in the event of your considering it absolutely necessary, in
order to remove more serious objection, and to preserve that harmony in the Province
which has so happily prcA^ailed under your Administration.^

I have the Honor to be.

Sir,
Your most obedient

Humble vServant
L* General BATHURST.

Sir John C. Sherbrooke G.O.B.
&c. &c. &c.

1. The decision of the British goverDment contained in this despatch was commnnicated
to the TTmise of Assembly in the following session. See the Journals of the House of As-
sembly, 1819, page 65.— February I, 1819.

534 CANADIAN ARCHIVES

4 GEORGE v., A. 1914
RICHMOND TO BATHURST.i

N°41

Quebec 18"^ May 1819.
My Lord —

I have the honor to transmit to Your Lordship the Address from the Legislative
Council to me on the subject of the Impeachment of M"" Justice Foucher, together with
a Memorial from the Judge.

What course is intended by the House of Assembly I know nothing further -than
that they have declined to proceed i;pon it in the way pointed out by His Royal High-
ness the Prince Regent's Instructions contained in Your Lordship's Dispatch N° 115.
T am therefore very desirous of knowing the decision of His Royal Highness The
Prince Regent's Ministers as to the steps to be taken should this be again agitated
which in all probability it will in the next Session.

With regard to my own opinion I am free to confess I consider the House of
Assembly by their mode of proceednig to have abandoned the Impeachment altogether,
and consequently that in fairness to M' Justice Foucher he should be called upon to
resume his functions in conformity to the Prayer of His Memorial.

I have the honor to be
My Lord

Your Lordship's
Most Obedient

humble Servant

RICHMOND.^
The Right Honorable

The Earl Bathurst. K.G.
&^ &<= &«

ADDRESS OF THE LEGISLATIVE COUNCIL ON THE POWERS OF THE

HOUSE OF ASSEMBLY.^^

To His Grace Charles Duke of Richmond Lennox and Aubigny
Knight of the Most Noble Order of the Garter, Captain General
and Governor in Chief in and over the Provinces of Lower
Canada, Upper Canada, Nova Scotia arid New Brunswick and
their several dependencies. Vice Admiral of the same General
and Commander of all His Majesty's Forces in the said Provinces
of Lower Canada, Upper Canada, Nova Scotia and New Bruns-
wick and in the Islands of Newfoundland, Prince Edward, Cape
Breton & Bermuda, &'^ &.^

May it please Your Grace :

We, His Majesty's most dutiful and loyal Subjects the Legislative Council of
Lower Canada in Provincial Parliament assembled, having given the most serious

1. From the Canadian Archives, Duplicate Despatches, Lower Canada, 1819.

2. Charles Lennox, fourth Duke of Eichmond was born in 1764. While a captain in the
Coldstream Guards he gained considerable notoriety in 1789 by fishting a duel with the Duke
of York. Following this he changed his captaincy for a colonelcy in the Soth Foot. His
promotion in the army was rapid and by 1814 he had attained the rank of general. From
1790 until 1806 he represented Sussex in'tlie House of Commons, and in that year, on the
death of his uncle he succeeded to the title. In 1807 he was appointed lord iieutenant of
Ireland and retained this post until 1813, when he removed with his family to Brussels. He
did not take a very prominent part in the campaign against Napoleon although he was with
Wellington at Waterloo. In 1818 he received the appointment of Governor-in-Chief of the
Canadian provinces. He met a tragic death near Richmond, Ontario, in the following year as
the result of an attack of hydrophobia supposedly caused by the bite of a pet dog eonie
weeks previous.

3. From the Minutes of the LegisJutive Council for Lover Canada, for February 26, 1819.

CONSTITUTIONAL DOCUMENTS 535

SESSIONAL PAPER No. 29c

consideration to Your Grace's Message of the 8'*' February instant communicating the
Instructions received from The Prince Eegent^ as to the Manner in which His Koyal
Highness's Commands respecting the proceedings of the Assembly against M' Justice
Foucher are to be carried into effect, humbly request that Your Grace's permission to
represent the situation in which the Legislative Council now feels itself placed in rela-
tion with the Assembly, a situation which we cannot help viewing with uneasiness.

The Assembly have for some years exercised the undisputed right of impeachment
and having of late been permitted to make the appropriations required for the payment
of the Civil List of the Province, that Body is now in the full enjoyment and exercise
of the two most important privileges of the House of Commons of the Imperial Parlia-
ment while in the scale opposed to influence and power so preponderating, the Legisla-
tive Council have no other weight than the negative upon the taxes and appropriations
originating in the Assembly and even this passive privilege cannot be exercised with-
out closing the sources of those supplies which the Crown has demanded. Thus the
Balance so essential to the very existence of the Constitution is destroyed.

We beg leave also to represent the situation of M"^ Justice Foucher who has now
been two years under a suspension of his Judicial functions; unheard in his own
Justification; and the measure of suspension not having been disapproved by His Royal
Highness the Prince Regent the term of it must now unavoidably be still protra"bted
to a period very indefinite which will bear with peculiar hardship upon the Individual
and cause delay in the Administration of Justice in the District of Montreal.

These consequences were anticipated by the Legislative Council in the last Session
of the Provincial Legislature, but they were then deterred from proceeding in the
case of M'' Justice Foucher under the decision of His Royal Highness the Prince
Regent communicated in the Message of the late Governor in Chief of the 2'"^ March
1818," by the positive assurance that His Excellency's health would tliereby be
affected and that even his life might be endangered.

We therefore now most earnestly entreat Your Grace to intercede with His Royal
Highness the Prince Regent that the Legislative Council may enter upon the exercise
of the acknowledged privilege of adjudicating in the case of M^" Justice Foucher and in
all similar cases of impeachment by the Assembly the charges preferred against the
party accused, according to the Rules, Usage. and custom of Parliament, and further
we humbly submit for His Royal Highness's Consideration that the Act of Parlia-
ment of Great Britain passed in the 31^* year of His Majesty's Reign cap. 31, affords
to His Royal Highness the means of giving to the Legislative Council the additional
weight in the political scale so indispensible to restore the Balance between the different
branches of the Provincial Legislature, and so well calculated to bind them and their
descendants by the strongest ties of Gratitude and affection to the Crown of Great
Britain and to assimilate as far as circumstances will permit, the Constitution of tl)i-
important Colony to that of the Parent state.

Legislative Council. )

Friday 26*'^ February 1819.J

1. See Lord Bathurst's despatch, page 510.

2. The message here referred to states that, " in this (Justice Foucher) and all similar
cases of Impeachment by the Assembly the adjudication of tlie charges preferred against tlie
I^arty accusal, shall be left to the Legislative Council." Journals of the House of Asscvibhj,
Lower Canada, 1818, page 14.5.

536 CANADIAN ARCHIVES

4 GEORGE v., A. 1914
BATHURST TO RICHMOND.^

N° 39

Downing Street

10 July 1819.
My Lord,

I have the Honor to acknowledge the receipt of Your Grace's dispatch of the
IS*'' " IMay last transmittieng a Memorial from the Legislative Council relative to the
Impeac'liment of M"^ Justice Foucher.

His Royal Highness has been pleased to approve of M"" Foucher being reinstated
to the exercise of his Judicial functions considering that the Assembly have by their
non prosecution of the Articles of impeachment against him, virtually abandoned
the which they had in the first instance made against him.

But in directing you to reinstate M'" Foucher I am further to signify to You the
pleasure of His Royal Highness that if the Assembly should in their next Session either
revive the former or prefer new charges against M'' Foucher and evince a disposition
to prosecute them without unreasonable delay. Your Grace should in this, as Sir John
Sherbrooke did in the former instance accede to any address of the Assembly for the
teny)orary Suspension of M"" Foucher until the charges can undergo investigation.'

I have the honor to be My Lord
Your Grace's most obedient
Humble Servant

BATHURST.

General His Grace

The Duke of Richmond KG.

&<^ &^ (Si'^

1. From the original despatch in the Canadian Archives, G. 10, page 236.

2. See page 534.

3. As distinctly pointed ont by Sir John Sherbrooke the suspension of Justice Foucher
was not the result of an address of the House of Assembly but was in consequence of the re-
quest of the Governor-in-Chief preferred for the purpose of avoiding the necessity of acting o«
an address from the Hoiise of Assembly. See the despatch from Sir John Sherbrooke, Marck
10th, 1817, page 502.

CONSTITUTIONAL DOCUMENTS 537

SESSIONAL PAPER No. 29c

ACT EESPECTING ELIGIBILITY OF PERSONS TO BE
RETUENED TO THE LEGISLATIVE ASSEMBLY.^

OIUP. IX.

An Act to repeal an Act passed in the thirty-fifth year of His
Majesty's Reign, entitled, " An Act to ascertain the ELIGI-
BILITY of PERSONS to be Returned to the HOUSE of
ASSEMBLY," and also to repeal an Act passed in the fifty-
fourth year of His Majesty's Reign, entitled " An Act to repeal
and amend part of an Act passed in the thirty-fifth year of His
Majesty's Reign, entitled ' An Act to ascertain the eligibility
of persons to be Returned to the House of Assembly," and to
make further and more effectual provision for securing the free
dom and constitution of the Parliament of this Province.

[Passed 1st April, 1818.]

WHEREAS, it is most desirable that the eligibility of persons Preamble,
to be proposed as Candidates for the Representation of the several
Towns, Ridings and Counties in the Province, in the Commons
House of Assembly, should be clearly and expressly defined: and
whereas the provisions of an Act passed in the thirty-fifth year of 35th Geo. III. c. 2.
His present Majesty's Reign, entitled " An Act to ascertain the
eligibility of persons to be returned to the House of Assembly ''
and also of an Act passed in the fifty-fourth year of His Majesty's g^j-j^ Qgg m f._ 4_
Reign, entitled " An Act to repeal and amend part of an Act passed
in the thirty-fifth year of His Majesty's Reign, entitled, " An Act
to ascertain the eligibility of persons to be returned to the House
of Assembly ,"2 have not attained that object; Be it therefore enacted
by the King's Most Excellent Majesty, by and with the advice and
consent of the Legislative Council and Assembly of the Province of
Upper Canada, constituted and assembled by virtue of and under
the authority of an Act passed in the Parliament of Great Britain,
entitled, " An Act to repeal certain parts of an Act passed in the
fourteenth year of His Majesty's Reign, entitled, ' An Act for the
making more effectual provision for the Province of Quebec in North
America, and to make further provision- for the Government of the
said Province," and by the authority of the same, That from and Repealed.
after the passing of this Act, each of the said Acts respectively shall
be and the same are hereby repealed.

II. And he it further enacted hy the authority aforesaid. That In what cases
from and after the passing of this Act, no person or persons, of reqniredToYave
what condition soever, having been a bona fide resident in any coun- resided in this

try not being under His Majesty's Government, or who shall have Province for 7

.' •' ? years next

taken the oath of allegiance to any other State ov Power, shall bo ibefore the election
eligible to be proposed, chosen or elected, as a Representative or ^^ which they
Representatives of any City, County, Riding or Borough, or other ^^® P^^^P^^^ •
place of any description now or hereafter sending a Representative

1. From the Statutes of His Majesty's Province of Upper Canada, 1818.

2. See page 194.

538

CANADIAN ARCHIVES

Penalty for
any person dis-
qualified nnder
the above sec-
tion offering
himself as a
candidate.

To he recovered
hy any person
suing- for the
same.

4 GEORGE v., A. 1914

or Representatives to the House of Assembly of this I'roviuco, until
such person or persons shall have resided in this Province for and
during the space of seven years next before the election at which
any such person or persons shall be proposed, elected or chosen as a
Representative or Representatives as aforesaid.

III. And l>e it further enacted by, the authority aforesaid, That
if any person or persons as aforesaid, not having resided in this
Province for seven years as aforesaid, shall propose or offer himself
or themselves as a candidate or candidates to become a Represen*
tative or Representatives of any County, City, Riding or Borough,
or other place now or hereafter sending a Representative or Repre-
sentatives, and shall be thereof convicted by the oath of one credible
witness, shall forfeit and pay the sum of two hundred pounds, to be
recovered by any person who shall sue for the same, in His Majesty's
Court of His Bench in this Province, by action of debt, bill, plaint
or information, wherein no essoigne, privilege, protection or wager
of Law shall be allowed, and only one imparlance.

lY. And be it further enacted by the authority aforesaid, That
if any person or persons as aforesaid, not having resided in this

upon the House.

Additional
penalty for

uudei^the"sauie Province for seven years as aforesaid, whether such person or per-
disqualification sons shall have proposed or offered him or themselves as a candidate
°^->tf,"?iVI^TT!!,?!o 0^ candidates or' not for any County, City, Riding or Borough, or
other place of anj^ description now or hereafter sending a Repre-
sentative or Repi-esentatives to the House of Assembly of this Pro-
vince as aforesaid, shall presume upon such choice or election to
obtrude or present himself or themselves into the said House as a
Representative or Representatives as aforesaid, he or they shall
forfeit and pay the sum of forty pounds, over and besides the fore-
going penalty, if such person or persons shall have incurred the
same, for every day that he shall so obtrude or present himself or
themselves, to be recovered by any person or persons who shall sue
for the same in His Majesty's Court of His Bench, by action of
debt, bill, plaint or information, wherein no essoigne, privilege,
protection or wager of Law shall be allowed, and only one impar-
lance.

How recovered.

Ne person
eligible to the
House of Asseml,
unless possessed
of an estate
in fee simple
in this Province
unincumbered,
to the assessed
value of £80.

V. And he it further enacted by the authority aforesaid, That
from and after the passing of this Act, no person or persons, of what

' ^ condition soever, shall be eligible to be proposed, chosen or elected
as a Representative or Representatives of any County, City, Riding,
Borough or other place of any description, now or hereafter sending
a Representative or Representatives to the House of Assembly of
this Province, unless he shall be possessed of an unincumbered
freehold, in lands or tenements, in fee simple, in this Province, to
the assessed value of eighty pounds, lawful money of this Province.

VI. l*rovided always, and be it hereby enacted by th.e authority
aforesaid, That every person who, from and after the passing of
this Act, shall appear as a candidate, or shall by himself or any
others be proposed to be elected to serve as a Member for any County,
City, Riding, Borough, or any part or place now or hereafter send-
ing a Member to the House of Assembly of this Province, shall,
and he is hereby enjoined and required, upon reasonable request

CONSTITUTIONAL DOCUMENTS 539

SESSIONAL PAPER No. 29c

to liim to be made, at the time of such election, or before the day
prefixed in the writ of summons for the meeting- of Parliament,
by any other person who shall stand a candidate at such flection
or by any two or more persons having a right to vote at such elec-
tion, take a corporal oath, in the following form, or to the follow-
ing effect : " I A. B. do swear, that I truly and bona fide have such Every
a freehold estate, over and above all incumberances that may effect if required Yake
the same, and am otherwise qualified according to the provisions of the following:
Law, to be elected and returned to serve as a 'Member in the Com- oath.
mons House of Assembly, according to the tenor and true meaning
of the Act of Parliament in that behalf, and that I have not obtained
the same fradulently for the purpose of enabling me to be returned
Member to the Commons House of Assembly of this Province, so
help me God."

VII. And he it further enacted by the autlbority aforesaid. That False swearing
if any of the said candidates, or persons proposed to be elected as rm/-"/^/]°
aforesaid, shall be guilty of false swearing in such oath, such candi- wilful and
date or candidates, or person or persons as aforesaid, shall on con- corrupt perjniy.
viction thereof, receive and suffer the like pains and penalties to

which any other person convicted of wilful and corrupt perjury is
liable by the Laws and Statutes of this Province.

VIII. And he it further enacted hy the authority aforesaid, By whom
That the oath aforesaid, shall and may be administered by the ^he said^ath
Sheriff for any such County as aforesaid, or by the Mayor, Bailiff', istered.

or other Officer or Officers for any County, City, Borough, Kiding,

Place or Places aforesaid, to whom it shall appertain to take the poll

or make the return at such election for the same County, City,

Borough, Biding, Place or Places respectively, or by any two or

more Justices of the Peace within this Province, and the said

Sheriff", Mayor, Bailiff or other Officers, and the said Justices of

the Peace respectively, who shall administer the said oaths, are Oath to be

hereby required to certify to taking thereof, into His Majesty's Court ^.^^'^^j^.^^^j"^

of His Bench within three months after the same, under the penalty „ s t .

of forfeiting the sum of two hundred pounds, to be recovered with Penalties for

full costs of suit, by action of debt, bill, plaint or information, in His ^^^ ®^^-

Majesty's Court of His Bench in this Province, and if any of the The election

said candidates or persons proposed to be elected as aforesaid, shall ^afeTef ushj to

wilfully refuse upon reasonable request to be made at the time of take the oath,

the election or at any time before the day upon which such Parlia- ^° '^® ^'o^^-

ment by the writ of summons is to meet, to take the oath hereby

required, then the election and return of such candidate shall be

void.

IX. And he it further enacted hy the authority aforesaid, That Fee for

no fee or reward shall be taken for administering any such oath, or of^/"^*^^^"^°
making, receiving, or filing the certificate thereof, except two shil-
lings and six-pence for administering the oath, and five shillings for f^j. eei-tificate.
making the certificate, and five shillings for receiving and filing the
same, under the penalty of one hundred pounds to be, forfeited by Penalties for
the offender, and recovered as aforesaid. extortion.

X. And he it further enacted hy the authority aforesaid. That gjjf/^^'^*^'"" "^
one moiety of all fines and penalties that shall be incurred under this penalties.

540 CANADIAN ARGEIYES

4 GEORGE v., A. 1914

Act shall be immediately paid into the hands of the Receiver General
for the use of His Majesty, His Heirs and Successors towards the
support of the Civil Government of this Province, and shall be
accounted for to His Majesty, His Heirs and Successors, through
the Lords Commissioners of His Majesty's Treasury for the time
Informer. being, in such manner and form as His Majesty, His Heirs and

Successors shall please to direct, and the other moiety to the person
who shall sue for the same.

RIGHT OF HOUSE OF ASSEMBLY TO INITIATE ALL MONEY BILLS.
Journals of the House of Assembly, Upper CanadaA

Thursday, 12th March, 1818.

The House met. Prayers were read. The minutes of yesterday were read.

Mr. Robinson,^ seconded by Mr. McNabb, moved that the Bill do now pass, and
that it be intituled " An Act to make further provision for regulating the trade
between this Province and the United States of America, by Land or Inland Navi-
gation."

Which WPS carried, and the Bill signed.

***** 7f *

Mr. Robinson, of the Committee to carry up to the Honourable the Legislative
Council the Bill intituled " An Act to make further provision for regulating the
trade between this Province and the United States of America, by Land or Inland
Navigation," and to request their concurrence thereto, reported they had done so.

Thursday, 19th March, 1818.
*******

Mr. Jones, seconded by Mr. Burwell, moved that it be resolved that as the amend-
ments made by the Honourable the Legislative Council to a Bill sent up from this
House, intituled " An Act to make further provision for regulating the trade between
this Province and the United States of America," interfered with the undoubted and
exclusive right inherent in the House of Commons of raising, levying and appro-
priating money, this House are of opinion that the said interference is a high breach
of its privileges.

Which was ordered.

Mr. Durand, seconded by Mr. Cotter, moved that Messrs. Jones and Hatt be a
Conamittee to carry up to the Honourable the Legislatire Council the resolution of
this House upon the subject of its Privileges.

Which was ordered.

Saturday, 21st March, 1818.
*******

Mr. Baldwin, Master in Chancery, brought down from the Honourable the Legis-
lative Council the following Resolutions.

Resolved, that in making amendments to a Bill sent up from the Commons
House of Assembly, intituled " An Act to make further provision for regulating the
trade between this Province and the United States of America " this House acted
upon the principle that its concurrence was necessary to pass the same, which it
could not, in the exercise of its judgment and discretion, without amendment.

Resolved, That the Commons House of Assembly having hitherto rejected all
Conference on the subject of Money Bills, no course remains to the Legislative Coun-

1. From the certified typewritten copy of the Journal of the House of Assembly ©f
Lower Canada for the year 1818 in the Canadian Archives.

2. See page 437, note 1.

CONSTITUTIONAL DOCUMENTS 541

SESSIONAL PAPER No. 29c

cil but implicitly to submit to its judgment and reason, or to reject wholly the
offered Bill; unless the House of Commons will continue as it has heretofore in many
cases done, even during the present Session, to reject the amendments of the Legis-
lative Council without notice, and re-enact the matter, so as to receive the concur-
rence of the other branches of the Legislature.

Eesolved, That this House does not consider the necessary amendments to a
Money Bill as a breach of the Privileges of the Commons House of Assembly ; never-
theless as it is so considered by that House in the said Resolution, the Legislative
Council will forbear all amendments to Bills for raising or levying money, and merely
withhold its assent to the same.^

Mr. Jones, seconded by Mr. Burwell, moved that the House do now resolve itself
into a Committee, to take into consideration the Resolutions sent down by the
Honorable the Legislative Council.

Which was carried, and Mr. Casey took the Chair of the Committee.

The House resumed. Mr. Casey reported progress, and obtained leave to sit
again on Monday.

Monday, 23rd March, 1818.
*******

Report of the Committee on the Resolutions of the Hon. the Legislative Council
ia answer to a Resolution of the Commons House of Assembly on the subject of
Pririlege.

To the Honorable the Commons
of Upper Canada, in Provincial Parlia-
ment assembled.

Your Committee, in obedience to Your Honorable House, having maturely con-
sidered the Resolutions referred to them, most respectfully submit to Your Honor-
able House the following Report.

That the said Resolutions are not satisfactory to Your Committee, and

1st, because the said Resolutions claim for the Honorable House, upon the prin-
ciple that its concurrence is necessary to pass all Bills, the exercise of its judgment
and discretion in making amendments to Bills imposing burthens upon the people of
this Province, to which the Commons House of Assembly have never, as Your Com-
mittee find by numerous Parliamentary Proceedings, assented; for as all charges or
burthens whatsoever upon the people of right begin with the Commons, so, they can-
not be altered or changed by the Honorable the Legislative Council.

2nd, Because the Honorable the Legislative Council show a disposition to trench
upon the Privileges of. Your Honourable House, by citing as precedents the conci-
liatory acts of the Commons in cases where they have rejected the amendments made
by that ilonorable House to money Bills, and re-enacted the subject matter so as to
receive the concurrence of the other branches of the Legislature, wherever the same
could, by strained construction, be admitted for the best interests of the Province.

ord, Because the Honorable the Legislative Council deny that their amendments
made to the Bill sent up from Your Honorable House intituled "An Act to make
further provision for regulating the Trade between this Province and the United
States of America," or any other money Bill, are a breach of the Privileges of Your
Honorable House; which Your Committee can prove by numerous precedents to be a
high breach of its privileges, it being the undoubted, sole and exclusive right of Your
Honorable House to commence all Bills granting aids or supplies to His Majesty,
and imposing any charge or burthen whatsoever upon the people, and to direct, limit,
and appoint in such Bills the ends and purposes, considerations, limitations and
qualifications thereof; such grants, limitations and dispositions or appropriations

1. For the opinion of the House of Assembly on this promise see page 516.

542 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

ought not to be interfered with by amendments in the Legislative Council, but that
the said Legislative Council ought to pass all or reject all without diminution or
alteration.

JONAS JONES,
Chairman of the Committee.
House of Assembly,
23rd March, 1818.

Resolved, that the Commons have never questioned the principle either of con-
stitutional right of necessity of the concurrence of the Legislative Council in pas-
sing Bills, but do insist that the exercise of its judgment and discretion on all Bills
granting aids and supplies to His Majesty, or imposing burthens upon the people is
by uniformly acknowledged precedent confined to assent without making any amend-
ments, or to the rejecting totally such Bills; and that the admission of a contrary
principle upon the part of the Commons would be surrendering a constitutional right
always exercised by this House, and from time immemorial by the Commons of
Great Britain, which this House wll never consent to.^

Resolved, that the foregoing resolution is equally applicable to meet the reason-
ing of the first part of the second resolution of the Legislative Covnicil, and that in
all cases when this House have rejected amendments of the Legislative Council without
notice, and re-enacted the matter so as to receive the concurrence of the other branches
of the Legislature, this House have done so from the most conciliatory disposi-
tion and regard for the interests of the Province, wherever the same could by
strained construction be admitted ; but in no instance where the amendments have
been made to a Bill the direct object of which has been the raising, levying, or appro-
priating money.

Resolved, that the first part of the third resolution of the Legislative Council,
avowing that they do not consider the necessary amendments to a money -Kiix cts a
breach of the privilege of the Commons House of Assembly, cannot be considered
by this House without weakening that right which, in the true spirit of our constitu-
tion, solely and exclusively appertain to this branch of the Legislature.

Resolved, that it is the opinion of this House that the collected consideration of
the three resolutions of the Legislative Council require the following avowal.

That this House consider it as their constitutional right to commence all
money Bills, either granting aids and supplies to His Majesty or imposing any charge
or burthen whatsoever ujion the people, and to direct, limit, and appoint in such

1. The exclusive right of the House of Commons to determine and direct legislation
imposing taxation was expressed in a resolution of the House in 1678. The House of Com-
mons then asserted that ' it is the undaunted and sole right of the Commons to direct, limit
and appoint in such bills the ends, purposes, considerations, conditions, limitations and
qualifications of such grants; which ought not to be changed or altered by the House of
Lords.'

The right of the House of Lords to reject money bills in their entirety was still
admitted in Great Britain and the House of Assembly of Upper Canada acknowledged a
similar right on the part of the Legislative Council. It was not until I860 that this ques-
tion became a practical issue in Great Britain since until then the House of Lords had
never rejected a bill imposing or repealing a tax raised exclusively for the purposes of the
public revenue. The House of Commons while increasing certain other taxes decided to
repeal the tax on paper but the Paper Duties "Repeal Bill after receiving a very small
majority in the Lower House was given the ' six months hoist ' by the House of Lords.
While in strictness a money bill had not been rejected the right of the House of Commons
to exclusive control over supply had been seriously infringed. On this occasion the Com-
mons, while not denying the right of the House of Lords to reject any bill, expressed their
determination to so frame bills of supply that their right ' as to the matter, manner, mea-
sure, or time, may be maintained inviolate." In the following year this policy was enforced
when the Commons groiiped all the financial measures, including the repeal of the paper
duties, in one bill which the House of Lords was obliged to accept in its entirety. For a
brief review of the history of the privilege of the House of Commons the question of supply
see Anson, Law and Custom of the Constittition Volume I, page 268.

CONSTITUTIONAL DOCUMENTS 543

SESSIONAL PAPER No. 29c

Bills the ends and purposes, considerations, limitations, and qualifications thereof,
and that such grants, limitations and dispositions ought not to be interfered with
by amendments in the Legislative Council, becavise such has never been permitted
by the Commons of this Province, nor is it the usage and practice of the British
Parliament.^

Tuesday. 24.th March, 1818.

* * 7f tJ * -X- *

Mr. Boulton, Master in Chancery, brought down from the Hon. the Legislative
Council a Resolution, which he delivered t;o the Sj)eaker, and having withdrawn it
was read as follows : —

The Honorable the Legislative Council, on consideration of the Resolution of the
House of Assembly, delivered yesterday at the Bar of this House,

Resolved, that the Legislative Council and House of Assembly of the Province
of Upper Canada are co-ordinate branches of a Limited Legislature, constituted by
the Statute enacted in the thirty-first year of His Majesty's Reign.

That all powers, immunities and privileges of either branch are derived from
that Statute, and extend to their respective advice and consent to His Majesty, to
make laws not repugnant to that Act for the peace, welfare, and good Government of
the Province.

That in adopting the order and course of proceeding to advise and consent to
laws, this House does not assume the powers, authority and privileges of the Upper
House of Parliament, grown out of the practice of ages, and unsuitable to the cir-
cumstances of this Colony.

That the House of Assembly, adopting as its type the Commons House of Par-
liament, and claiming all the powers, immunities and privileges thereof, is not justi-
fied by the words or spirit of the Constitution, more than the Legislative Council
would be justified to assume for itself and its members the powers, immunities and
privileges of the ITpper House of Parliament.^

That the origin of all supplies in either Llouse or exclusive'y in the House of
Assembly must be indifferent so long as either house retains the power of rejection,
that the exercise of the right to amend an original Bill is equally indifferent except
that without the exercise of that right, or the resort to amicable conference between
the two Houses time is wasted and the Public service delayed.

That the Llouse of Assembly did by Resolutions delivered at the Bar of this
House declare that it would not accede to any conference on the subject of a money
Bill.

That the amendments made to the Bill intituled " An Act to make further pro-
vision for regulating the Trade between this Province and the United States of
America," by the Legislative Council, were to conform to a national regulation of
trade imparted to both Houses by His Majesty's Government to reduce the burthen
of the people of whom the individuals of this House arc a part only distinguished
by the duty imposed on thean in their Legislative capacity to protect defend and
support the interest of the whole.

That having no means of interchanging opinion with the House of Assembly,
but by way of conference or amendments, the Legislative Council does not consider
it reasonable that such amendments should be treated as a breach of privilege, and

1. The phraseology of the avowal has been borrowed largely from the resolution of the
Hoii<e of Commons of 1078. See note on previoTis page.

2. Whik the Hotise of Assembly in both Lower and Upper Canada was claiming the
privileges and immunities of the House of Commons the Tegisiative Council in each pro-
vince expressly disclaimed the privileges of the House of Lords. The situation in Lower
Canada arose in connection with the impeachment proceedings ; see page 506. For the
opinion of the Law Officers of the Crown on the question of tlie privilege of the Canadian
Houses of Assembly see page 480.

544 CANADIAN ARCHIVES

A GEORGE v., A. 1914

that having declared by its resolutions transmitted to the House of Assembly that it
would forbear amendments to money Bills such resolution ought to afford reasonable
satisfaction to that House (even if its privilege had been violated) and restore the
course and harmony of proceeding in the Public business.

That these Resolutions be communicated by the proper Officer of this House to
the House of Assembly, and that the same, together v?ith the Resolutions of the House
cf Assembly of the 19th and 23rd instants delivered at the Bar of this House, and the
first Resolution of this House thereupon, be printed.
Legislative Council Chamber,

24th ]\Iarch, 1818.

Mr. Jones, seconded by Mr. Robinson, moved that the House do, on to-morrow,
resolved itself into a Committee of the Whole, to take into consideration the Resolu-
tions of the Honorable the Legislative Council, communicated to this House this day.

Which was ordered.

The House then adjourned.

' Thursday, 26th March, 1818.

The House met: Prayers were read: The Minutes of yesterday were read.

Mr. Durand, of the Committee appointed to consider the Resolutions of the Hon.
the Legislative Council of the 24th March, read a Report in his place, and delivered
the same to the Clerk at his table.

Mr. Jones, seconded by Mr. VanKoughnet, moved that the House do now
resolve itself into a Committee of the Whole, to take into consideration the Report
of a Select Committee on the subject of the Resolutions of the Legislative Council,
communicated to this House on the 24th instant.

Which was carried, and Mr. Burnham took the Chair of the Committee.

The House resumed. Mr. Burnham reported that the Committee had adopted the
Report, and agreed to some Resolutions, which he was directed to recommend for
the adoption of the House.

Ordered that the Report be received, and the Resolutions adopted as follows : —

Report of the Committee on the Resolutions of the Hon. the Legislative Council,
of the 24th March in answer to the Resolutions of the Commons House of Assembly
on the subject of Privilege.

To the Honorable the Commons
House of Assembly of Upper Canada,
in Provincial Parliament assembled.

Your Committee, in obedience to Your Honorable House, having maturely con-
sidered the Resolutions referred to them, most respectfully submit to Your Honorable
House the following report.

That the Resolutions of the Legislative Council, dated 24th March, and deliv-
ered by their Officer to the Speaker of the Commons House of Assembly, excite in
Your Committee emotions of the highest interest, and being in their essence pregnant
with principles subversive of the exercise of the functions of the Representative Body
of the People. Your Committee would feel criminally neglectful of their duty to
Your Honorable House, and to their Country, were they not to express their indig-
nant feelings on this most important occasion, and particularly as the Legislative
Council, by ordering their Resolutions, together with those of Your House, to which
they are purposely annexed, as an intended refutation to be printed, submit to the
Public the justice and propriety of their proceeding.

That the Constitutional ground assumed by the Resolutions of Your House, of
the 19th and 23rd instants, is justified by the act of the 31st year of His Present

CONSTITUTIONAL DOCUMENTS 545

SESSIONAL PAPER No. 29c

Majesty, giving to each branch of the Legislature the constitutional privileges of
the Mother Country^ and reserving only a parental right to interfere in estab-
lishing prohibitions or imposing duties for the regulation of navigation and external
commerce

That the Resolutions of the Legislative Council, asserting that House and the
House of Assembly are co-ordinate branches of a Limited Legislature, constituted
by the said Statute of the 31st year of His present Majesty, inasmuch as the same
declared the Parliament of this Province to be a Limited Legislature, cannot be sup-
ported by the words of the said Act further than the restrictions expressed in the
provisions of the said Act, which merely go to external commerce or to interference
with the Crown Lands or Clergy Lands and endowments, where the prerogative of
the Crown is materially involved; for were this to be admitted the extent of its
powers would be defined.^

That the Legislative Council did not, by its Resolutions transmitted to this
House, declare that it would forbear all amendments to Money Bills, but only to such
Bills as relate to the raising and levying money; and Your Committee are convinced
that Your House would have been satisfied had the Legislative Council declared its
determination to forbear all amendments to Bills raising, levying and appropriating
moneys.

That the Resolutions of the Legislative Council, stating that the origin of the
supplies in either House, or exclusively in the House of Assembly, must be indif-
ferent so long as either house retains the power of rejection, and that the exercise
of the right to amend an original Bill is equally indifferent, except that without
this exercise or resort to amicable conference, time would be wasted. Your Com-
mittee are of opinion is a doctrine radically novel in British Legislation as far as
relates to Bills of supplies, and where it does not, the Commons House of Assembly
have never denied the right or betrayed the least reluctance to acquiesce with amend-
ments of the Legislative Council, or to accede to conferences.

That the Resolutions of the Legislative Council stating- that their amendments
to the Bill intituled " An Act to make further provision for regulating the trade
between this Province and the United States " were to conform to a National Regula-
tion of Trade, imparted to both Houses of His Majesty's Government to reduce the
burthen of the people, are liable, in the opinion of Your Committee, to the same
objection of relating to the raising of moneys and levying duties, nor are the national
regulations alluded to which were dated in one thousand eight hundred and twelve,
applicable to the present situation and circumstances of this country, and if com-
plied with would inevitably impose burthens on the people rather than reduce them,
because they extended to admit into our markets, free of duty, flour and other arti-
cles of provisions in competition with our own agriculturist, thereby deteriorating the
value of his production^;.

That the Resolution of the Legislative Council stating that it does not assume
the power authority and privilege of the LTpper House of Parliament,'' grown out of

1. The Constitutional Act did not expressly confer any ' privileges ' on either the
House of Assembly or the Legislative Council. It did, however, according to the opinion of
the Law Officers of the Crown, inferentially confer such Privileges as arc incidental to, and
necessary to enable them to perform their functions in deliberating and advising upon' and
consenting to laws for the peace, welfare and good government of the Province. See page 481.

2. Section XLVT. of the Constitutional Act expressly reserved to His Majesty an^d the
Parliament of Great Britain the right to levy and collect duties for the regulation of navi-
gation and commerce between the provinces or between either of the provinces and any other
country or state while section XLIV. required that all legislation relating to the exercise of
any religious form or mode of worship or respecting the clergy reserves or the endowment
of parishes should be reservefl for the approval of both Houses of Parliament in Great
Britain.

3. See page 54.3.

29c— 3.5

546 CAN AD I AX ARCHIVES

4 GEORGE v., A. 1914

the practice of ages, and unsuitable to the circumstances of this Colony, is an asser-
tion which, as far as it affects their own dignity, Your Committee are satisfied Your
House knows too well its functions to presume to interfere with, and Your Com-
mittee would have been well pleased to have recognized reciprocal sentiments of
deference for the rights of Your House in the course of proceedings on the part of
the Legislative Council, and which reference to the practice of ages would confirm.
It would not then have assailed its particular exclusive privilege as to all Money
Bills, so fully insisted upon in the Resolutions of Your House of the 23rd.

That the assertion of the Legislative Council that the House of Assembly, in
adopting as its type the Commons House of Parliament, and claiming all the
powers, immunities and privileges thereof, is not justified by the words or spirit of
its constitution more than the Legislative Council would be justified to assume for
itself and its Members the powers, immunities and privileges of the Upper House,
may safely be admitted and appreciated, as Your Committee do the gift to this Colony
of the glorious unmutilated boon of the British Constitution in all its plenitude of
power and privileges, avowed by the Lords and Commons in Parliament, and con-
firmed by the speech from the Throne, of His Excellency John Graves Simcoe, at
the opening of the first Parliament in this Province.^ Your Committee cannot yield
to the impression that Your House will ever be induced by weak example to com-
promise its undoubted and invaluable rights.

Your Committee have only further respectfully to submit to Your Honorable
House the gracious Speech of His Majesty's representative, John Graves Simcoe,
Esquire, at the opening and prorogation of the first Parliament of the Province, and
the propriety of having them entered on the Journals of Your House, that part of
Your Journals having been destroyed by the enemy .^

JAMES DURAND, Chairman.

Resolved, nem. con. that this House, in persisting in their right to reject all
amendments made by the Legislative Council to Bills for raising and appropriating
moneys, and to decline all conferences thereon, are assuming to themselves no new
privilege; but are only adhering to the form of proceeding which has been maintained
from the first establishment of the Provincial Legislature, and in w^hich they have
taken for their guide the representative form of constitution in the Mother Coun-
try, by which that of this country is modelled, and by which the Legislative Council
have in all their proceedings equally governed themselves; whatever it may suit their
present purpose to disclaim.

Resolved, nem. Con., that as this House desire to make no innovation, so they
are determined to suffer none, but will persist in maintaining in all their delibera-
tions those rules which they have found established, and which, being coeval with
their constitution, they consider it would be as inconsistent with their duty as it is
repugnant to their inclinations to abandon.

Resolved, nem. con., that the gracious Speech of His Majesty's Representative,
John Graves Simcoe, Esquire, at the opening and prorogation of the first Parliament
of this Province, and the answers thereto, be entered on the Journals of this House;
that part of the Journals having been destroyed by the enemy in the late war.

Present: — Messrs. McMartin, Cameron, McDonell, VauKoughnet, Crysler, 5;
Jones,, Cotter, Casey, Burnham, Robinson, 10; Nellis, Clench, Secord, Swayze,
Burwell 15; 'McCormick, Hall, Durand, Hatt, 19.

1. Lieutenant-Governor Simcoe's opinion of the constitution of tlie Province is expressed
in his despatch of October 30, 1795, to the Duke of Portland. See page 207.

2. The Journals of the House of Assembly and the public records were destroyed by
the American invaders during the summer of 1813.

COXSTITLTIOXAL DOCUMEXTS 547

SESSIONAL PAPER No. 29c

Mr. Baldwin, Mastei- in Chancery, brought down from the Honorable the Legis-
lative Council a resolution which he delivered to the Speaker, and having withdrawn,
it was read as follows.

The Legislative Council, being of opinion that resolutions reciprocally passed
in either House cannot produce the desirable effect of restoring the due intereoui'^e
between the two branches of the Legislature, so long unhappily interrupted, and that
the public business for which we are assembled cannot be brought to issue without
an amicable conference betwen the two Houses.

Eesolve, That if assured that the House of Assembly will accede to a conference
on the subject of a renewal of intercourse for the purpose of expediting the public
business, the Legislative Council will, by a message, request such conference.
Legislative Council Chamber,

26th March, 1818. .

Mr. Jones, seconded by Mr. Swayze, moved that the House do now resolve itself
into a Committee of the Whole, to take into consideration the communication of the
Honorable the Legislative Council, made to the Speaker of this House this day.

Which was carried, and Mr. Nellis took the Chair of the Committee.

The House resumed. Mr. Nellis reported a Resolution from the Committee.

Ordered, that the Report be received, and it was resolved nem. con:

Resolved, That the Commons House of Assembly, being ever desirous of har-
monious intercourse between the two branches of the Legislature, they will appoint
a Committee to meet a Committee on the part of the Legislative Council, to hear
what they have to propose on the subject.

Mr. McMartin, seconded by Mr. Robinson, moved that Messrs. Hatt and
Cameron be a Committee to carry up to the Honorable the Legislative Council the
Resolution of this House on the subject of the Resolution of the Honorable the Leais;-
lative Council, communicated this day to this House.

Which was carried.

The ECouse then adjourned till ten o'clock to-morrow.

Friday, 27th March, 1818.
*******

Mr. Speaker: — The Honorable the Legislative Council request a conference with
the Commons House of Assembly on the subject of a renewal of intercourse between
the two Houses, for the purpose of expediting the public business.

The Legislative Council have appointed a Committee of two Members, who will
be ready to meet a Committee of that House for that purpose in the Legislative Coun-
cil Chamber at two o'clock this day.

Wm. DUMMER POWELL,

Speaker.

Legislative Council Chamber,
27th March, 1818.

Mr. McMartin, seconded by Mr. Hatt, moved that Messrs. Jones, Durand,
Burwell and Robinson be a Committee to meet the Committee of Conference
appointed by the Honorable the Legislative Council to hear the reason set forth by
said Committee on the subject of their resolution of yesterday, and report to this
House the same.

Which was ordered.

29c— 35^ '

548 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Mr. Jones, of the Committee to meet tlie Committee of the Honorable the Legis-
lative Council,

had presented a paper, which
was submitted, and read as follows :

The object of the required conference being to revive the intercourse between
the two Houses for the purpose of expediting the public business, the Committee
represents to the Committee of the House of Assembly that on the point of originat-
ing and amending 'Money Bills every concession has been made but that of declaring
an opinion which the Legislative Council does not entertain.

That the source of the division between the two Houses may be traced to the
rejection of conference of Money Bills, which was never denied by the House of
Commons in the most violent differences maintained with the Upper House of Par-
liament.

The Committee therefore propose to the Committee of the House of Assembly
that the amended Bill which is the unfortunate subject of discussion be submitted
to a conference thereon as if no amendment had been made and the Bill still
remained in the possession of the Legislative Council, subject to its consideration.

Mr. Kobinson, seconded by Mr. Jones, moved that the House do now go into
Committee to take into consideration the Report of the Committee appointed to meet
the Committee of the Honorable the Legislative Council.

Which was carried, and Mr. McCorniick took the Chair of the Committee.

The House resumed. Mr. McCormick reported a Resolution.

Ordered, that the Report be received, and it was resolved, nem. con.

Resolved, That it is the opinion of this House that the Committee of Conference
be instructed to acquaint the Committee of the Honorable the Legislative Council
that as the proposition of the said Committee of the Honorable the Legislative Coun-
cil does not in any manner go to retract the spirit of the resolutions sent down to
this House on the twenty-fourth March, the House of Assembly sees no further matter
whereon to concur; and that as the declared interruption of intercourse originated
with the Honorable the Legislative Council, so it remains with that House to remove
the grounds or take to themselves the consequences of any delay in the public
business.

Mr. Jones, of the Committee to communicate to the Committee of the Honorable
the Legislative Council certain instructions of this House, reported that they had
done so.

Monday, 30th March, 1818.

* -K- ■» Tr * -X- «-

Mr. Robinson, seconded by Mr. Van Koughnet, moved that Messrs. Hall and
Swayze be a Committee to wait upon His Honor the Administrator, to know when
he will be pleased to receive the Address of this House on the subject of supply, and
to present the same.

Which was ordered.

The Address to His Royal Highness the Prince Regent was then read the third
time, passed and signed by the Speaker as follows.

To His Royal Highness, George,
Prince of Wales, Regent of the
United Kingdom of Great Britain and
Ireland, &c, &c, &e.

May it please Your Royal Highness: —

We, His Majesty's dutiful and loyal subjects, the Commons House of Assembly
of Upper Canada, in Parliament assembled, humbly beg leave to address Your Royal
Highness with feelings of the most unfeigned duty and respect, and to express in

CONSTITUTIONAL DOCUMENTS " 549

SESSIONAL PAPER No. 29c

the name of the People of this Province their grateful sense of the blessings
entailed upon them and their posterity by Your Royal House in giving to them in
the plenitude of its power and privileges the very image and transcript of the
glorious Constitution of Great Britain, which has withstood the shock of Empires,
the test of ages, and stands toweringly elevated to the highest pitch of glory under
the auspices of Your Illustrious Race.

Had not the people of this Colony the best of all proofs to offer to Your Royal
Highness of the sincerity of their professions of personal attachment, had not the
blood of their youth flowed freely on the very land given to their loyal and patriotic
fathers; had they not at the hazard of life and property made good beyond dispute
the solemn pledge of faith and loyalty to the Parent Country, they might have shrunk
back assertion, doubtful because untried. The objection, however, does not exist,
and they claim the high considerations, privileges and immunities of British Sub-
jects. Having thus humbly laid open to Your Royal Highness the undisguised
effusion of our hearts, we beseech Your Royal Highness' attention to the declaration
of His Excellency John Graves Simcoe, in his Speech from the Throne at the open-
ing of the first Session of the Legislature of this Province, at which important crisis,
in language the most emphatical and enthusiastic, he promulgated the Constitution
given to Canada by the wisdom and beneficence of the Parliament of Great Britain,
which was as fully and exultingly recognized in the answer to his Speech by the
Legislative Council through their enlightened Speaker, the late Chief Justice
Osgoode. The expression of public sentiment upon that occasion characterized the
people on whom the gracious boon was bestowed, and we, the Representatives of that
people, jealous of the treasure, and unwilling to yield up the slightest particle of the
sacred trust, or to disgrace by pusillanimity the public spirit of the country, humbly
submit to Your Royal Highness an Abstract of the Proceedings of the present Ses-
sion of the I^egislature of this Province, wherein his Majesty's Faithful Commons
conceive their constitutional rights and privileges have been vitally assail-ed by the
Resolutions of the Honorable the Legislative Council, delivered to the Speaker of
the Commons House of Assembly, and evidently intended to limit and depreciate in
Public estimation its functions, by the avowal of their consideration of its powers,
as resolved by them, and to be printed, with a view no doubt, of being blazoned to
the world. The consequent interruption of harmonious intercourse indicated by the
Legislative Council, could not otherwise but tend to put an end to public business.
and to prevent the Commons House of Assembly from providing by Bill a supply
to meet the excess of the Civil expenditure of the Administration of the Govern-
ment of this Province, as required of them by a message during their present Ses-
sion, communicated by His Majesty's Representative: nor could any other means be
adopted on the part of the Commons to meet the exigency without recourse to a
practice not unfrequent in their Parliamentary usage, of voting the amount by
Address.^

The answer received by His Majesty's Faithful Commons in reply from the
Administrator of the Government, as recorded on their Journals,^ they do not hesi-

1. This method of votinpr supply v.-as frequently resorted to in Lower Canada and par-
ticularly during the administration of Sir Georj^e Prevost who was regarded as being friendly
to the House of Assembly. The House of Assembly by resolution and address to the
(lovernor would direct the ay)propriation from the funds at the disposal of the House of a
certain fi.xed sum for which they undertook to become responsible.

2. The reply referred to is as follows: —

"Gentlemen, — The request contained in your Address to appropriate the sum of
eight thousand pounds towards defraying the expenses of the administration
of Justice and the Civil Government, without the concurrence of the whole
Legislature is without precedent, and I cannot take upon myself to make the
advance until I shall have received the signification of His Majesty's pleasure
thereon." Journals of the House of Assembly, Upper Canada, 1818-1, page 189.

550 CAXADIAX ARCHIVES

4 GEORGE v., A. 1914

tate to consider ill advised, as the service for which the vote was provided was that of
the actual subject of the Message from the Crown, to which no possible doubt of appro-
bation of the Legislature could have been contemplated. It, however, strongly marks
in a national and constitutional point of view the evil that must ever result from the
Legislative and Executive functions being materially vested in the same persons, as
its unfortunately the ease in this Province, where His Majesty's Executive Council
is almost wholly composed of the Legislative body, and consisting only of the Deputy
Superintendent of the Indian Department, the Receiver General, and Inspector
General, the Chief Justice, the Speaker of the Legislative Council, and the Hon.
and Eev. Chaplain to that House.^

His Majesty's Faithful Commons of Upper Canada having thus performed the
imperious dutj- which their peculiar circumstances called for, have only further to
implore of Your Royal Highness, to give their representation the mature reflection
that is due to its importance, as His Majesty's Faithful Commons are sanguine in the
hope that the voice of Your Royal Highness will approbate their Resolution, and
firm determination to preserve inviolate their Civil and Constitutional Rights in their
fullest amplification.

Mr. Durand, seconded by Mr. Hatt, moved that it be resolved that an Address
be presented to His Honor the Administrator, praying that he will be pleased to
transmit to His Royal Highness the Prince Regent the Address of this House on the
subject of its privileges, and that Messrs. Burwell and McMartin be a Committee to
draft the same.

Which was carried and ordered.

Mr. Burwell, first named of the Committee to prepare an Address to His Honor
the Administrator, praying him to transmit to His Royal Highness the Prince
Regent the Address of this House, on the subject of its privileges, reported a draft
of an Address, Avhich was received and read.

To His Honor Samuel Smith, Esq.,

Administrator of the Government
of Upper Canada.
May it please Your Honor: — We, His Majesty's most dutiful and loyal subjects,
the Commons of Tapper Canada in Provincial Parliament assembled, having resolved
that an humble Address be presented to His Royal Highness the Prince Regent,
humbly beg leave to pray that Your Honor will be pleased to transmit the same to
His Royal Highness.

Wednesday, 1st April, 1818.

His Honor was then pleased to close the Session with a Speech from the Chair
as follows.

Honorable Gentlemen and Gentlemen: —

When I called you together in obedience to the law it was in full expecta-
tion that you would assiduously labour to bring up an arrear of Public Business.

The ready pledge offered by your cordial Addresses in answer to my suggestions
from the Chair confirmed me in that hope.

I regret the more to have experienced disappointment, and finding no probability
of any concert between the two Houses, I come reluctantly to close the Session its
business unfinished.

I do most earnestly entreat you to weigh well during the recess the important
effects of such a disunion, and that you may meet resolved to conciliate and be
useful.

1. As in Lower Canada the members of the Executive Council usually sat in the Legis-
lative Council. Appointments to both Councils were made on the recommendation of the
Lieutenant-Governor.

CONSTITUTIONAL DOCUMENTS 551

SESSIONAL PAPER No. 29c

After which the Hon. Speaker of the Legislative Council said: —
It is His Holier the Administrator's will and pleasure that this Provincial Par-
liament be prorogued till Friday, the first day of May next, to be then 'and here
holden, and this Provincial Parliament is accordingly prorogued till Friday, the
First day of May next.

PROCEEDINGS IX THE HOUSE OF ASSEMBLY EELATING TO THE

CONVENTION OF I8I8.1

.J(>ri{\AI,S Of TIIK HOLSE OF ASSEMBLY^ lI'i'KR CANADA.

22nd October, 1818.
*******

Resolved, That the right of the people of this Province, individually or collec-
tively, to petition our Gracious Sovereign for a redress of any public or private
grievance is their birthright as British subjects, preserved to them by that free Con-
stitution which they have received, and which, by the generous exertions of Our
Mother Country, has, through an arduous contest, been maintained unimpaired.

Resolved, That the Commons House of Assembly are the only constitutional
representatives of the people of this Province.

Resolved, That the electing, assembling, sitting and proceedings of certain per-
sons calling themselves representatives or Delegates from the different Districts of
this Province, and met in general convention at York, for the purpose of deliberating
upon matters of Public concern, is highly derogatory and repugnant to the spirit of
the Constitution of this Province, and tends greatly to disturb the public tran-
quility.^

Resolved. That while this House regret that some subjects of His Majesty, whose
allegiance and fidelity are above suspicion, have been deluded by the unwearied and
persevering atteinpts of the factious to lend their countenance to measures so dis-
graceful, they cannot admit that their example should give a sanction to proceedings
manifestly dangerous to the peace and security of the Province: proceedings which
it is painful and humiliating to observe have drawn upon this loyal Province the
attention of other countries, and of our Sister Provinces, and even of our Parent
State, as to a Colony impatient of its allegiance and ungrateful for the fostering care
that looking anxiously to the period of its strength has cherished its infancy, as to
the moment of its revolt.

Resolved, That to repel at once so foul an imputation, to undeceive the mis-
guided, to stifle the hopes of the disturbers of public peace, and to give to our Parent
State and to the world the best grounded assurance that the inhabitants of this Pro-
vince know how to prize their happiness in belonging to the most exalted nation upon
earth, and desire no more that the secure possession of that just liberty which her
own more immediate children enjoy, it is the opinion of this House that some such
Legislative provisions should be enacted as the wisdom of the Imperial Parliament
has found it proper to provide to meet similar occasions, which may hereafter put it
out of the power of any designing persons to organize discontent and to degrade the
character of the Province.

Resolved, That ihese Resolutions be communi(.'atf'd to the Honorable the Legis-
lative Council.

1. From the .Tournals of the House of Assembly, Upper Canada, 1818, page 25.

2. At the suggestion of Robert Gourlay, delegates from varioiis parts of the Province
assembled at York in July, 1818, for the purpose of discussing popular grievances and "to
deliberate on the propriety of sending commissioners to England to call attention to the
affairs of the Province." See the Statute for preventing certain meetings, passed as a
result of this convention, page 55t.

552 CANADIAN ARCHIVES

4 GEORGE v., A. 1914

Present: — Messrs. Burwell, McMartin, VanKoughnet, Cameron, Durand, Crysler,
Nellis, Howard, Hatt, Jones, Cotter, Swayze, Burnham: 13.

Mr. VanKoughnet, seconded by Mr. Cameron, moved that Messrs. Jones and
Kobinson be a Committee, to carry up to the Honorable the Legislative Council the
Resolutions of this House, on that part of His Excellency's Speech, at the opening
of the Present Session, which relates to the Meeting of a Convention of Delegates.

Which was ordered.

PETITION OF INHABITANTS OF KINGSTON.i

To the Honorable the Legislative Council and House of Representatives of the Pro-
vince of Upper Canada, in Provincial Parliament assembled.

The Petition of the undersigned. Inhabitants of the said Province, residing in
tlie Township and Town of Kingston,
Humbly Shews: —

That from the Speech of His Excellency the Lieutenant Governor to both
Houses of the Legislature at the opening of the present Session, and from the answer
of the two Houses thereto, we understand it is in contemplation to frame a law for
preventing a Convention of Delegates, as dangerous to the Constitution.^ The occa-
sion of this contemplated measure appears to be taken from a Convention holden at
York last Summer, for the purpose of petitioning the proper authority for an inquiry
into the state of the Province, with a view to the redress of grievances believed to
exist in some departments of the administration of Government in this Proviiace.^
The sole object was to apply by petition, although there was a difference of opinion
respecting the most suitable manner of directing andai^ransmitting the application.
The intention was certainly fair^it w-as laudable. The Proceedings were open,
peaceable, lawful. To seek redress by petition is the right of British Subjects. When
occasion requires it is their duty, an unpleasant one at all times, and frequently
attended with offence; because it supposes the existence of evil requiring a remedy.

1. From the Journals of the House of Assembly, Upper Canada, 1818-2, page 120.

2. The speech of the Lieutenant-Governor to the Legislative Council and Assembly
contained the following: —

"In the course of your investigation you will, I doubt not, feel a just indignation at
the attempts which have heen made to excite discontent, and to organize sedition. Should
it appear to you that a Convention of Delegates cannot exist without danger to the Con-
stitution, in framing a law of prevention, your dispassionate wisdom will be careful that it
shall not unwarily trespass on that sacred right of the subject, to such a redress of his
grievances by petition.'' Journals of the House of Assembly, Upper Canada, 1818-2, page 5.

To this the Assembly replied: —

"We feel a just indignation at the systematic attempts that have been made to excite
discontent and organize sedition in this happy Colony, while the usual and constitutional
mode of appeal for real or supposed grievances has ever been open to the people of this
Province, never refused or even appealed to. and deeply lament that the insidious designs
of one factious individual should have svicceeded in drawing into the support of his vile
machinations so many honest men and loyal subjects to His Majesty.

We remember that this favored land was assigned to our fathers as a retreat for suffer-
ing loyalty, and not a sanctuary for sedition. In the course of our investigation, should it
appear to this House that a convention of Delegates cannot exist without danger to the Con-
stitution, in framing a law of Prevention we will carefully distinguish between such con-
ventions and the lawful act of the subject in petitioning for a redress of real or imaginary
grievances, that sacred right of every British subject which w^e will ever hold inviolable."
Journals of the House of Assembly, Upper Canada, 1818-2. page 12.

The reply of the Legislative Council was as follows: —

"We shall at all times feel a just indignation at every attempt which may excite dis-
content or organize sedition, and if it shall appear to us that a convention of delegates can-
not exist without danger to the Constitution in framing a law of prevention we will be care-
ful that it shall not unwarily trespass on the sacred right of the subject to seek by Petition
a redress of his grievances." Canadian Archives, Series Q. 324, Part I, page 151.

3. See page 551, note 2.

CONSTITUTIONAL DOCUMENTS 553

SESSIONAL PAPER No. 29c

These evils must be more or less tangibly stated, and the statement of them generally
imputes blame to somebody. They who are thus complained of for errors or abuses
are often offended, and naturally feel an interest to stigmatize as factitious and
seditious every effort to obtain relief. If they can succeed in fixing such a stigma
upon those who petition for redress, they prevent investigation, screen themselves
from censure, and may continue in their errors or abuses with impunity. Unpleasant,
however, as the act of petitioning is, the right is nevertheless dear to British Suojects.
It is second in political importance to none but that of electing their representatives
in Parliament. But if they are to be restrained in its exercise, to petitioning singly,
without consent or communication with their Fellow Subjects, this boasted privilege
will become little more than a name. To render it effectual they must be allowed to
unite in their petitions, and the necessary means of framing such union. If two
persons may meet and confer together on the subject of a petition in which they
have a common interest, why may not ten do the same? Why not all the inhabitants
of a Township? Upon the same principle, why not the Inhabitants of two or more
townships or districts? Where is the line to be drawn? And instead of assembling
personally in large meetings which are inconvenient, and apt to be tumultuous, if
they meet by Committees or Delegates, where is the danger to the Constitution, pro-
vided they confine themselves to the object of petitioning. We see none. On the
contrary we apprehend very serious danger to Public Liberty from any law preventing
such meetings. As Loyal Subjects, therefore, interested alike in the preservation of
liberty and the support of order and government, we humbly pray that no such law of
prevention may be passed.

And as in duty bound, will ever pray. ,

ANTHONY McGUIRE, J.P., and

119 others.
Kingston, October 24th, 1818.

Mr. Durand, seconded by Mr. Hatt, moved that it be resolved that as the Peti-
tion of sundry inhabitants of the Town and Township of Kingston refers to a subject
already disposed of by this House during the present Session it cannot be now discussed,
but it appearing to this House that unnecessary delay had occurred in the Post Office
Department in forwarding the letter containing such Petition before it reached the
Town of York, it l)e recommended as a subject of inquiry in the ensuing Session of
Parliament.

Which was carried.

The House then adjourned till ^louday.

554

CAHiADIAlSl ARCHIVES

4 GEORGE v., A. 1914

AN ACT TO PREVENT CERTAIN MEETINGS
PROVINCE OF UPPER CANADA.^

IN THE

CHAP. Xl.

Preamble.

Assemblies held
for certain pur-
poses, declared +o
be unlawful, and
pei'sons giving-
notice thereof or
acting therein,
held guilty of a
high misdemeanor

Not to inter-
fere with the
just exercise of
the right of
petitioning.

An Act to prevent CERTAIN MEETINGS within this Province.

[Passed 37th JS ovember, 1818.]

WHEREAS, the election or appointment of Assemblies, pur-
porting to represent the people, or an.y description of the people,
under the pretence of deliberating upon matters of public concern,
or of preparing or presenting Petitions, Complaints, Remonstrances,
and Declarations, and other Addresses to the King, or to both or
either Houses of Parliament, for alteration of matters estab-
lished by Law, or redress of alledged grievances in Church or State,
may be made use of to serve the ends of factious and seditious per-
sons, to the violation of the Public Peace, and manifest encourage-
ment of Riot, Tumult and Disorder.^ It is hereby enacted by the
King's Most Excellent Majesty, by and with the advice and consent
of the Legislative Council and Assembly of the Province of Upper
Canada, constituted and assembled by virtue of and under the
authority of an Act passed in the Parliament of Great Britain,
entitled, " An AcJ. to repeal certain parts of an Act passed in the
fourteenth year of His Majesty's Reign, entitled, ' An Act for mak-
ing effectual provision for the Government of the Province of Quebec,
in North America, and to make further provision for the Govern-
ment of the said Province," and by the authority of the same. That
all such Assemblies, Committees, or other bodies of persons, elected
or otherwise constituted or appointed, shall be held and taken to be
unlawful assemblies, and that all persons giving or publishing notice
of the election to be made of such persons or delegates, or attending,
voting, or acting therein by any means, are guilty of a high mis-
demeanor; Provided always, That nothing in this Act contained shall
impede the just exercise of the undoubted right of His Majesty's
Subjects to petition the King or Parliament for redress of any
public or private grievance.^

Repealed by 60 Geo. III., c. 4.

1. From the Statutes of Upper Canada, 1818.

2. See page 551, note 2.

3. The Act 60, Geo. Ill, cap. IV, repealing the one here printed states ' That the afore-
said Act, and every matter and thing therein containe<l, shall be, and the same is hereby
repealed."

CONSTITUTIONAL DOCUMENTS 555

SESSIONAL PAPER No. 29c

PEOCEEDINGS OF THE HOUSE OF ASSEMBLY ON THE QUESTION OF

PRIVILEGE.i

JOURNALS OF THE HOUSE OF ASSEMBLY^ UPPER CANADA. _ .

iSaturdaii, 21st March, 1818.

The House met. Prayers were read. The minutes of Thursday were read.

Mr. Robiuson, seconded by Mr. Jones, moved that it be resolved that a certain
Advertisement in the Upper Canada Gazette, of the nineteenth of March, headed
" Statutes of Upper Canada " is an infringement on the rights and privileges of this
House.^

Which was carried.

Mr. Robinson, seconded by Mr. Jones, moved that the Speaker of this House do
require the attendance of Robert Charles Home, the Printer of the Upper Canada
Gazette, and that he be ordered to attend forthwith at the Bar of this House to
answer such questions as may be put to him touching a certain publication in the
Upper Canada Gazette of the nineteenth of March, 1818, headed " Statutes of Upper
Canada."

Which was carried, and the Speaker directed his Summons accordingly, in the
following words :

Mr. Robert Charles Home: By order of the House of Assembly you are hereby
required to attend at the Bar of the House of Assembly forthwith, to answer such
questions, relative to a publication in the Upper Canada Gazette of the nineteenth
of March last past, headed " Statutes of Upper Canada " which publication is deemed
a breach of the Privileges of the House of Assembly.

Given under my hand the twenty-first day of March, in the year of Our Lord,
One thousand eight hundred and eighteen.

The Sergeant at Arms returned the service of Summons, and the House went
into Committee of Privilege.

Mr. Robert Charles Home appeared at the Bar and was examined.

Mr. Jones, seconded by Mr. Robinson, moved that it be resolved that R. C. Home,
Printer of the Upper Canada Gazette, by inserting and Advertisement in his paper
of the nineteenth inst., headed " Statutes of LTpper Canada," of which he has
acknowledged himself the author, and for which he had no authority, is guilty of a
high breach of the privileges of this House.

Which was carried.

1. From the .Journals of the House of Assembly, Upper Canada, 1818, page 165.

2. The advertisement here referred to is as follows: —

" Statutes of Upper Canada. The Legislature being pleased to allow the Subscribers to
print an additional number of copies beyond what they require, of a revised edition of the
Laws of the Provinoe, together with such British acts of Parliament, and of the Parliament
of Lower Canada, as relate to this Province. Subscriptions wili be received by the under-
mentioned gentlemen, until the 1st May next. T. Dunlo]), Esq., Glengarry; Guy Wood,
Esq., Cornwall; J. Watson, Esq., Perth; C. Jones, Esq., Brockville ; J. Macaulay, Esq., Kings-
ton; S. McNabb, Esq., Belleville; Major Rogers, Newcastle; C. Fothergill, Esq., Toronto;
R. Hatt, Esq., Ancaster ; .1. Crooks, Esq., Niagara; T. McCormick, Esq., Queenston; D.
Ross, Esq., Long Point; W. Hands, Esq., Sandwich.

Terms to Subscribers^Three Dollars per copy; one half to be paid at the time of sub-
scribing, and the remainder on receipt of the work. It can be l>ound at a reasonable rate
if required." See Upper Ciinacla Gdzctte, I9th March, 1818.

556 CANADIAN ARCHIVES

SESSIONAL PAPER No. 29c

Mr. Jones, seconded by Mr. Robinson, moved that it be resolved that R. 0.
Home, Printer of the Upper Canada Gazette, having been convicted upon his con-
fession of high breach of the Privileges of this House, by publishing an Advertise-
ment in his paper of the nineteenth instant, headed " Statutes of Upper Canada,"
for which he had no authority, do, at the Bar of this House, make an apology for
that offence, and publish the proceedings of this House upon that subject.

Which was agreed to.

Mr. Home having apologized was discharged.

APPOINTMENT OF ROMAN CATHOLIC BISHOP TO LEGISLATIVE

COUNCIL.i
X°- 102.

Downing Street, 6"» June, 1817.
Sir,

I have not failed to take into consideration your separate and confidential dis-
patch^ of the 1** Jan'' last in which you suggest the expediency of calling D'" Duplessis^
to a seat in the Legislative Council of the Province, and also the suggestion which
has been conveyed to me that it would be very acceptable to him to be recognized
Bishop of the Roman Catholic Church of Quebec, in a more formal manner than has
hitherto been practiced since the time that the Canadas have become part of His
Majesty's Dominions.^

I do entirely concur with you in opinion as to the merits and public services of
that Prelate that I most gladly avail myself of any opportunity of evincing the sense
which His Majesty's Government entertain of the uniform propriety of his conduct
during the whole time that he has filled the situation of Superintendent of the Romish
Church. I have therefore not hesitated in submitting your recommendation of Dr.
du Plessis to the favorable consideration of His Royal Highness the Prince Regent
and I shall have much pleasure in conveying to you His Royal Highness' Mandamus
Appointing Dr. du Plessis to the Legislative Council by the style and title of the
" Bishop of the Roman Catholic Church of Quebec."^

At the same time you will take care that the acknowledgement of the persons
v.'ho may from time to time receive the Ecclesiastical situation now filled by Dr. du
Plessis, as Roman Catholic Bishop of Quebec, must not be considered as a matter of
course, but that they cannot expect to be aiithorized to assume that Title until His
Majesty shall either by the Act of calling them to the Legislative Council, or some
formal instrument have recognized them under that denomination.

I have the Honor to be

Sir,

Your most obedient

Humble servant,

Lieut. General BATHURST.

Sir John C. Sherbrooke. G.C.B.

1. From the original in tlie Canadian Archives, G. 9, page 159.

2. See page 304, note 3.

.3. In connection with the calling of Dr. dn Plessis to the Legislative Council, Sher-
brooke, observes : —

"It ■would be a measure most gratifying to him and them, and fraught with much advan-
tage to the interests of His Majesty's Government in this Province if in increasing the num-
ber of the Legislative Council the Roman Catholic Bishop were brought into that body.
. . . . it would strengthen the hands of the Provincial Government by increasing the
confidence of the Canadians in it, and would at the same time bring a useful accession to
the Legislative Council in the person of a gentleman of talents and information who has
already on many occasions shown his readiness to second the views of Government wherever
the nature of his holv office would permit his interference." Canadian Archives, Duplicate
Despatches, L.C., ISl?."

2. Monseigneur Plessis became a member of the Legislative Council by mandamus dated
January 30, 1818.

4 GEORGE V.

SESSIONAL PAPER No. 29c

A. 1914

INDEX

Acts : No Act of Legislature to deal with
more than one subject, 17, 37 ; Acts, method
of drawing, 17, 37 ; observations upon, to
be transmitted to Home Government, IS,
38 ; must not contain provisions already
disallowed, without special sanction, 18, 38 ;
royal assent to be withlield from
Acts of less than two years' duration, IS,
38.

Acts of Legislative Council and Assembly
respecting private property not to be
assented to unless right of Crown be pre-
served, 17, 37.

Acts of Legislative Council and Assembly re-
ferred to in Constitutional Act (1791),
Section 42, to be laid before Parliament of
Great Britain before receiving royal assent,
18, 38.

Acts : See also Bills.

Act for the further increase and encourage-
ment of shipping and navigation, reference
to, 49.

Act of 28th Geo. Ill regulating fisheries, re-
pealed in part, 144.

Act of the 31st Geo. Ill regulating practice of
law, repealed in part, 144.

Act for better preservation of His Majesty's

Government, Lower Canada, 1797, 215.
Addington, County of, created, 79.

Addington and Lennox, Incorporated Counties
of, defined, 223.

Address, Method of voting supply by, 549 and
note.

Administration of Government, Provisions for,

in certain circumstances, 12.
Admiralty Court, Regulation regardini? fees in,

29, 47.
Admiralty, Judge of, Lower Canada, Salary, 30.
Advocate General, Office of, under French

regime, 120.
Aliens, Lands granted under Royal Seal not

transferable to, 51.
Aliens, Lands of : Bills establishing titles in,

to be rejected, 19, 38. I

Alien Law, Reference to, 410.

Allcock, Henry, Reference to petition against
election of, 217 note; believed to be the
author of Bill for establishment of Court
of Chancery in Upper Canada, 298 note.

Allen, William, of York, Returning Officer, 326.

Amherst Island, formerly Isle Tonti, 79.

Amherst Island, Town.ship of, defined, 223.

Appeals, in cases not exceeding three hundred
pounds to be heard by Governor and Council
constituting Court of Civil Jurisdiction, 15,
35 ; Ordinance relating to, 68 ; regulations
regarding cases from Courts of King's
Bench, Lower Canada, 137, 139; to
be carried to Privy Council in certain
cases, 15, 35 ; from judgments of i

Court of Appeal to be allowed to
Privy Council, 114 ; execution of judg-
ment to be suspended during appeal to
Privy Council, 15, 35 ; Dundas regrets fre-
quency of, 70.

Aristocracy, Colonial, Opinion of John Graves
Simcoe as to importance of, in Upper Can-
ada, 208 ; Simcoe's scheme for creation of,
175 note ; methods used by Simcoe for the
encouragement of, 196 note.

Arms of France to be removed from Churches
and Courts of Justice, 25, 44.

Arpent de Paris, Extent of, 492 note.

Assemblies of delegates to consider public
affairs declared unlawful, 554.

Assemblies : See also Conventions, Meetings.

Assessment, Form of, 99.

Assessors, Duties of, 87.

Atq^eson, Mr., presents memorial of merchants
to Lord Liverpool, 411 and note.

Attorney General, Lower Canada, Salary of, 30.

Attorney General, Upper Canada. Table of
Fees of, 156.

Attorney General (Sewell), Report of, on Act
for relief of property-holders, 264 ; Report
of, on the regularity of proceedings in con-
nection with papier terrier, 275 ; Report of,
on Court of King's Bench, 283.

Baby, Frangois, appointed member of Execu-
tive Council, Lower Canada, 14 and note;
to be appointed member of Legislative
Council, Lower Canada, 16, 170, 258.

Baby, James, appointed member of Committee
to administer Indian Affairs, 243 note.

Bail, Provisions for admitting to, 148.

Barbue River to be called the Orwell, 81.

Bathurst to Prevost, despatch of 12th July,
1814, on the subject of the war and the
impeachment of Judges, 464 ; despatch to
Drummond, 12th July, 1815, on the reference
to the Privy Council of the proceedings of
the Assembly relating to the impeachment
of Judges, 469 ; confidential despatch to
Drummond, of 12th July, 1815, on the im-
peachment of Judges, 472 ; despatch to Sir
Gordon Drummond, 4th May, 1816, directing
that the lands of John Caldwell be re-
granted in free and common socage, 492;
despatch to Sir John Sherbrooke, 31st May,
1816, in regard to tne disposal of the
Revenues of the Crown, 487 ; despatch to
Sir John Sherbrooke, 7th June, 1816, giving
instructions as to the policy he is to observe
towards the provincial Legislature, 488 ;
confidential Despatch to Sir John Sher-
brooke, 30th September, 1816, on the policy
he is to pursue towards the Legislative
Assembly, 390 ; despatch to Sir John Sher-
brooke, 6th June, 1S17, announcing appoint-
ment of the Roman Catholic Bishop of (Que-
bec to the Legislative Council, 556 ; despatcli

557

558

INDEX

to Sir John Sherbrooke, 7th Ju'y, 1817, in
regard to the impeachment of Mr. Justice
Foucher, 510 ; despatch to Sir Jolm Sher-
brooke, 8th April, ISIS, directing the trans-
mission of the evidence in the case against
Mr. Justice Foucher to the Privy Council tor
adjudication, 532 ; despatch to the Duk'j of
Richmond, 10th July, 1S19, ordering the re-
instatement of Mr. Justice Foucher, 5.3 (! and
note ; despatch to Drummond, of the 23rd
August, 1S28, on the subject of Martial Law,
441.

Bay of Chaleurs, Fisheries in, to be reserved to
Crown, 2S ; privileges of fishermen on shore
of, 28 ; regulations regarding use of shore,
to be framed by Executive Council, 28.

Bedard, Pierre Stanislas, Biographical reference
to, 379 note; resolution moved by, to the
effect that every attempt to dictate or censure
the proceedings of Legislative Assembly is
a breach of privilege, 366; arrest of, 379;
proceedings in Court of King's Bench re-
lating to imprisonment of, 379 ; resolutions
of the House of Assembly regarding impri-
sonment of, 420 ; majority of Executive
Council in favour of the release of, 422 ;
reference to, 428, and note; nominated by
the Assembly to present the Address to the
Prince Regent, 457.

Bedford, County of, created, 74.

Belestre, Picottfi de, to be appointed member
of Legislative Council, Lower Canada, 16.

Bills, Authority of Governor to assent to, 11 ;
Royal assent to be withheld from Acts re-
specting naturalization, divorce, and pro-
perty held by aliens, 19, 38 ; to be printed
in French and English before being read
the first time, 105 ; proceedings in Legisla-
tive Assembly regarding right of Legisla-
tive Council to amend, 219 ; amending of.
Legislative Assembly insists on its dis-
agreement with Legislative Council in re-
gard to, 221 ; naming of Commissioners or
other officers in, objected to by Legislative
Council, Lower Canada, 302, 303 ; Money
Bills, proceedings in Legislative Assembly,
Upper Canada, denying right of Legislative
Council to amend, 540.

Bills : See also Acts.

Bills of Credit, paper, not to be made legal
tender, 19, 39 ; if voluntarily accepted by
public creditors may be made legal tender
in payments to the Public Treasury, 19, 39.

Binbrook, Township of. Part of Township of
Glanford to be added to, 225.

Bishop of Nova Scotia, Certificate of, required
by Protestant clergymen, 27, 46.

Bishop of Quebec, Anglican, subject to the
authority of the Archbishop of Canterbury,
104 ; opinion of Sir John Nicholl on powers
of, 339 ; character of jurisdiction of, over
clergy, 339, 340 ; has no jurisdiction over
larity or dissenting clergy in Canada, 340 ;
has no power to grant marriage licenses,
340 ; to grant certificates for schoolmasters,
340 ; reply of, to protest of Chief Justice
in regard to Bill affecting land-holders, 263
note.

Bishop of Quebec, Roman Catholic, Discussion of
power of, 306 ; observations on methods of
appointment of, 388 ; patronage of, 389 ;
emoluments of, 252 ; increase of allowance

4 GEORGE v., A. 1914

to, approved, 256 ; reference to position and
emoluments of, 399 ; recognition of title of,
not to be a matter of course, 556 ; reference
to, 388 ; disapproved of interference of a
priest in elections, 250 ; appointment of Mgr.
duPlessis to Legislative Council, 556 and
note.

Bishop : See also Coadjutor.

Bishop's See, Erection of, by letters patent, 101.

Black, John, Biographical reference to, 323
note ; observations of, on Government of
Canada, 323.

Blanchet, Frangois, Reference to, 422 note; 44S
note.

Bonaparte, Alleged attachment of cures to,
389 ; success of, in Europe, referred to, 390.

Boroughs or Cities, with right of representa-
tion, may be erected by letters patent, 314.

Bouc, Charles B., elected member for Effing-
ham, 250 note ; reference to, 285 note ; pro-
ceedings relating to the expulsion of, from
the Legislative Assembly, 285 ; oharges made
against, 286 note; Act to disqualify, from
being elected to the Legislative Assembly,
294.

Boucherville, R. Amable de, to be appointed
member of Legislative Council, Lower
Canada, 16.

Bourdages, Louis, member of Legislative
Assembly, Lower Canada, Reference to,
350 ; moves resolution declaring seat of P.
A. DeBonne vacant, 371 ; reference to, 474.

Bowen, Edward, Biographical reference to, 382
note ; appointed Solicitor General in place
of James Stuart, 364 ; opinion of, in regard
to method of procedure in cases of impeach-
ment against Mr. Justice Foucher or others,
524.

Branding of criminals. Authority given Courts
to impose fine in lieu of, 247.

Brant, Joseph, Reference to, 181.

Brehaut, Peter, Reference to election advertise-
ment of, 487 and note.

Brenton, James, Judge, Reference to impeach-
ment of, 467 note.

British Constitution, Simcoe's opinion as to
importance of complete establishment of, in
Upper Canada, 201.

Bruneau, Pierre, Reference to election adver-
tisement of, 487 and note.

Buckinghamshire, County of, created, 73.

BuUer, James, Reference to, 471.

Burford, Township of, Townsend Gore to be
added to, 226.

Burial of Dead, Freedom of, in churches and
churchyards, to all denominations, 25, 44.

Butler, Col., Reference to, 180 note.

Cabot's Head, Reference to, 197 note.

Caldwell, John, Biographical reference to, 492
note ; memorial of, to have the holding of
his lands changed from feudal tenure to
free and common socage, 491 ; Earl Bath-
urst directs that memorial of, be granted,
492 ; questions in regard to re-grant of
lands of, to be submitted to Executive
Council, 492 ; proceedings regarding memor-
ial of, for change of tenui"e of his lands,
492, 494, 496, 49S, 500, 501.

IXDEX

559

SESSIONAL PAPER No. 29c

Camden, Lord, Biographical reference to, 481
note ; opinion of, as to privileges of Colonial
Legislative Assemblies, 481.
Canada, Extent of the population of, in 1810,

387.
Canadian Battalion, Patronage of, should be

vested in the Governor, 256 and note.
Canadians, Desirability of union amongst all
classes of, 264 ; their method of dividing
lands among heirs, 403 ; Corps of, employed
in War of the Revolution : pensions to
officers, 31.
Capitulation of Quebec, Reference to terms of,

404.
Captain of the Port, Lower Canada, Salary of,

31.
Carleton, County of, defined, 223.
Caroil, Mr., Counsel for C. B. Bouc, 287.
Cartwright, Richard, jr., to be appointed mem-
ber of Legislative Council, Upper Canada,
36.
Castlereagh, Lord, Biographical reference to,
318 note; despatch of, to Lieutenant Gover-
nor Francis Gore, 19th June, 1807, directing
suspension of Justice Thorpe from office,
330 ; despatch to Sir James Craig, 7th
September, 1809, on subject of dissolution
of House of Assembly, 363 ; private despatch
to Sir James Craig, 7th September, 1809, on
subject of dissolution of House of Assembly,
364.
Cens et rentes : See Lods et ventes.
Census, Regulations for taking of, 29, 46.
Chanail Ecarte, former name of Sydenham

River, 179 note.
Chancellor, Appointment of, desirable, in Angli-
can Diocese of Quebec, 342.
Chancery : See Court of Chancery.
Chief Justice, Lower Canada, Salary of, 30 ;
Dorchester recommends that salary should
be increased and fees abolished, 169.
Christie, Robert, historian. Biographical refer-
ence to, 475 ; reference to History by, 348
note, 349 note.
Churches, Common use of, 24, 44 ; Royal Arms

to replace those of Prance in, 25, 44.
Church of England to have powers and privi-
leges of an established church, 24, 43 ; opin-
ion of Sir John Nicholl on powers of Bishop
of Quebec, 339 ; character of jurisdiction of
Bishop over Clergy, 339, 340; opinion of
Attorney General on authority of Rectors,
Churchwardens and Vestries, 189 ; opinion
that the powers of Vestries, Churchwardens,
&c., are the subject of legislative regulation,
212 ; Benefices, right of presentation to, in
hands of Governor, 9 ; opinion of Chief Jus-
tice Monk relating to erection of parishes in
Lower Canada, 413 ; lands to be allotted for
endowment of churches, chapels and
rectories, 9 ; proposal of Portland in regard
to management of church lands, 206 note;
rectories and parsonages to be provided, 8 ;
provision for the establishment of a cathe-
dral at Quebec, 254 note ; allowance to
Minister settled at Sorel, 31.

Churchwardens, Opinion of Attorney General
on authority of, 189 ; opinion that the
powers of, are the subject of legislative
regulation, 212.

Churchyards, Burial in, to be allowed to all
denominations, 25, 44.

Circuit Courts : See Courts.

Civil Expenditure, Address of Legislative
Assembly to Sir James Craig upon subject
of, 367 ; reply of Sir James Craig to address
of Legislative Assembly in regard to, 367 ;
Sir James Craig refuses to endorse address
of Legislative Assembly offering to provide
for, 368.

Civil Government, Provision for the mainten-
ance of, 259 note ; Assembly of Lower Can-
ada declares its willingness to bear expenses
of, as an obligation imposed upon them by
duty and gratitude, 367 ; despatch of the
Earl of Liverpool in regard to expenses of,
407.
Civil Law, English, introduced into Upper
Canada, 83 ; reasons for establishment of,
in Upper Canada, S3.

Civil Service List, Lower Canada, 30.

Clarke, Alured, Commission to, as Lieutenant
Governor of Lower Canada, 54 ; note in
reference to, 54 ; proclamation of, regarding
Crown Lands in Lower Canada, 60 ; despatch
to Dundas, 28th April, 1792; despatch
of, to Henry Dundas, 2nd July, 1792, on
division of province into counties, 71.

Claus, Capt., appointed to succeed Col. McKee,
Deputy Superintendent of Indian Affairs,
243 note.

Clemency, Authority of Governor to exercise, in
certain cases, 11.

Clergy : Ministers of Church of England to be
presented to benefices, 9 ; character of juris-
diction of Bishop over, 339, 340 ; Clergy,
Protestant : certificate from Bishop of Nova
Scotia required, 27, 46 ; opinion of William
Grant on right of, to collect tithes, 211 ; reser-
vation of lands for support of, 21, 41 ; tithes
from lands occupied by Protestants to be
reserved for support of, 24, 44 ; allowances to,
in Lower Canada, 31 ; opinion of Attorney
General Sewell on right of, to collect tithes
191 ; not entitled to demand tithes, 193 ; peti-
tion for establishment of, in Eastern Town-
ships, 310, 312 ; Clergy, Roman Catholic,
restrictions on, 26 ; Craig's reference to,
388.

Clergy Reserves, Proposal of Portland in
regard to management of, 206 note.

Clerk of the Council, Lower Canada, Salary of,
31.

Clerk of the Crown in Chancery, Appointment
of, 72.

Clerk of the Crown and Pleas, Lower Canada,
salary of, 30.

Clerk of King's Bench, Upper Canada, Fees of,
156.

Coadjutor Bishop, Craig's observation on
method of appointment of, 389.

Coal lands to be reserved, 23, 43.

Cochran, Andrew William, Biographical refer-
ence to, 493 ; letter of, to Chief Justice
Sewell, 3rd August, 1816, in regard to the
re-granting of the lands of John Caldwell
in free and common socage, 492.

Collins, John, to be appointed member of Legis-
lative Council, Lower Canada, 16 and note.

Commandant of the Savages, Lower Canada,
Allowance to, 31.

560

INDEX

Commissioners, Authority of Governor to
appoint, 11.

Commissioners to negotiate with Upper Canada,
nominated by the Legislative Assembly of
Lower Canada, 302 note.

Commissary for Indians, Lower Canada, Salary
of, 31.

Common Pleas, Lower Canada : salaries of
Judges, 30.

Constitution, Opinion of Sir Vicary Gibbs on
proposed change in, 406.

Constitutional Act, Proclamation fixing date of
enforcement of, 55 ; opinion that absence of
Executive Councillors will prevent establish-
ment of Constitution in Upper Canada, 57 ;
privileges conferred on Legislative Assembly
and Legislative Council by, 545 and note.

Convention held at York, 1818, to consider
popular grievances. Reference to, 551 and
note, 552 and note.

Conventions, Petition of inhabitants of King-
ston, that right of holding, be not restricted,
552.

Conventions: -See also Assemblies, Meetings.

Copper mines, to be reserved, 23, 43.

Cornwallis, County of, created, 73.

Coroners, Officers of Militia authorized to act
as, 142.

Corporations, Erection of, in Upper Canada,
disapproved by Portland, 205.

Counties, Desptach of Clarke to Dundas on
division of Lower Canada into, 71 ; opinion
that limits of, can be changed only by Act
of Parliament, 313 ; new division of, sug-
gested by Craig, 397 ; re-division of Upper
Canada into, 222 ; reference to division of
provinces into, 409 note.

Counties, Lieutenants of, recommended by Sim-
coe, 196 ; Simcoe's instructions to, 198 ; Com-
mission to, 200 ; establishment of, dis-
approved by Portland, 204 ; observations
of John Graves Simcoe in vindication of
appointment of, 207 ; opinion of Portland
that, having been appointed, they are not
to be set aside, 210.

Court of Appeals : Lieutenant Governor thinks
it undesirable that Governor be obliged to
attend sittings of, note on, 63 ; opinion of
Solicitor General on requirements of, 63 and
note; additional instructions to Lord Dor-
chester regarding, 71 ; appeals from judg-
ments of, allowed to Privy Council, 114 ;
reference to, 430; Governor not required to
preside over, unless he is resident in
Quebec, 70 ; Provincial Courts, established
in Lower Canada, 136 ; power of Governor to
appoint a President of, 136 ; opinion of the
Law Officers on the constitution of, 479;
terms of, 137; custody of records of, 137;
Upper Canada: its composition, 35.

Court of Chancery, Plan of a Bill for the
erection of, in Upper Canada, 294 ; obser-
vations of Lieutenant Governor Hunter on
necessity of, 295 ; observations on Bill for
erection of, in Upper Canada, 298 ;
Order in Council respecting, 24th
March, 1802, 300 ; provision for framing
regulations for, 301 ; table of fees for, to be
framed, 301 and note.

Courts : Circuit Courts, Lower Canada, Estab-
lishment and jurisdiction of, 133, 134, 135 ;

4 GEORGE v., A. 1914

petition for establishment of, in Eastern
Townships, 310, 311.

Courts of Civil Judicature in Province of Que-
bec, Ordinance regulating proceedings of,
repealed in part. 143.

Court of Civil Jurisdiction, for hearing appeals.
Composition thereof, 15, 34 ; Ordinanec
relating to Appeals to, 68 ; Governor, Lieu-
tenant Governor, or Administrator of
Upper Canada, with Executive Council, to
form such Court, 35.

Courts of Civil and Criminal Jurisdiction in the
Province of Quebec, Ordinances regarding,
repealed, 143.

Court of Common Pleas, to have same juris-
diction as Court of Prevote under Pren'-.h
regime, 113 ; remarks of Simcoe on, 146
note ; Province of Quebec, Ordinanfces of,
repealed, 154.

Courts of General or Special Sessions of the
Peace, Recognizances forfeited in, to be
estreated into Courts of King's Bench, 141.

Courts of Judicature, Authority of Governor to
constitute, 11 ; methods of procedure in, 20,
40.

Courts of Justice, Royal Arms to replace those
of Prance in, 25, 44 ; plan of a Bill relating to,
111 ; Legislative Assembly, Lower Canada,
appoints special committee to consider con-
stitution of, 121 ; resolution of the House of
Assembly, Lower Canada relating to the
authority of, 443.

Court of King's Bench, Composition of, 430 ;
authority to issue commissions for taking
evidence, 153 ; Justices of, may depute their
powers in certain cases, 129 ; Justices of,
authorized to issue Writs of Habeas Corpus,
142; for districts of Quebec and Montreal,
established, 126; to possess jurisdiction of
Courts of Prevote under French regime,
128 ; Lower Canada, special powers granted
to, 128 ; superior terms of, for trial of civil
causes at Quebec and Montreal, 128 ; inferior
terms of, for civil causes at Quebec and
Montreal, 129 ; terms of, for criminal and
civil causes at Three Rivers, 130 ; provision
for transference of certain suits from
Inferior to Superior Terms, 130 ; Justices of,
to hold annual circuits in Lower Canada,
133 ; Report of Attorney General Sewell and
Solicitor General Poucher on, 283 ; proceed-
ings of, relating to imprisonment of Pierre
Bedard, 379 ; establishment of, in Upper
Canada, 146 ; Upper Canada, Jurisdiction
and powers of, 147 ; notices to be served in
English and in French, 149 ; Appeals from,
allowed to Privy Council, 155.

Courts of Oyer and Terminer, Proceedings of.
to be reported to Governor, 127; suspension
of sentences of, 127.

Courts of Prevote, Justice Royale, Intendant
and Superior Council under French regime
Jurisdiction of, granted to Courts of King's
Bench, 128.

Courts, Provincial, of Gaspe, Quebec, Montreal,
115.

Court, Provincial, at Gasp^, Terms and juris-
diction of, 132, 133.

Court, Provincial, at Three Rivers, Terms and
jurisdiction of, 131 ; provision for removal
of causes from, 132.

INDEX

561

SESSIONAL PAPER No. 29c
Court of Requests, Reference to, 146 note.
Courts, Sessions of, determined, 112.
Courts : See also District Courts.
Court House, Montreal, Provision for the erec-
tion of, 259.

Court House, Quebec, Provision for tiie erection
of, 258.

Court Houses, Upper Canada, Provision for
building of, 91.

Court Records, Lower Canada, Provision for
custody of, 1.35.

Craig, Sir James, Biographical reference to, 360
note; reference to instructions to, 349 note;
asks Executive Council to declare whether a
Jew is eligible to sit in the House of
Assembly, and if so, " is it not the duty of
the Governor to protect such Jew," 357 ; ex-
tract from speech of, on proroguing Legis-
lature, 366 note; reply of, to Address of
Legislative Assembly in regard to Civil
Expenditure, 367 ; refuses to endorse
Address of Legislative Assembly offering
to provide for Civil Expenditure, 368 ;
Speech of, on proroguing Parliament, 371
and note ; dissolves Parliament on account
of the proceedings against P. A. DeBonne,
371 ; despatch to the Earl of Liverpool, 30th
March, 1810, on Subject of dissolution
of Paliament, 372 ; despatch to Liverpool,
1st May, 1810, on the state of the
Government of Lower Canada, 387 ;
estimate of the population of the
Colony in 1810, 387; suggests that the peo-
ple be deprived of the constitution, 394 ;
suggests reunion of the provinces, 395 ; reply
of, to the observation of certain gentlemen
on the reunion of the provinces, 396 ; his
objection to shop keepers as members of the
Assembly, 397 ; suggests retaliatory mea-
sures on part of Imperial Parliament, 398 ;
appoints Police Magistrates in Montreal,
140 note; letter to H. W. Ryland, 9th
November, 1810, in regard to trade in
Canada, 411.

Crier, Court of King's Bench, Upper Canada,
Fees of, 157.

Criminal Law of England, Act for the further
introduction of, into Upper Canada, 246.

Criminal Trials, Terms for, at Quebec and
Montreal, 126.

Crown, Prerogative of, to nominate public
officers, 302, 303 ; relations of, with the
Roman Catholic Church, 304.

Crown Lands, Lower Canada, Report of Execu-
tive Council respecting, 59 ; proclamation
regarding, 60 ; Minutes of Executive Coun-
cil, Lower Canada, regarding disposition of,
229 ; order regarding access to Minutes
thereon, 232 note.

Crown Reserves, Simcoe on application of
revenue arising from, 200 ; application of,
should not be limited, 206 ; proposal of Port-
land in regard to management of, 206 note.

Cures, Discussion of method of appointment of
305 ; Craig's opinion of the attitude of, 389.

Customs, Commissioners of, Naval officers serv-
ing under, to give security for performance
of duty, 50 ; to be advised of any misde-
meanours of Customs officers, 51.

Customs Duties, Claim of House of Assembly
to be made acquainted with application of,
203 ; no objection to informing Assembly as
to amount and application of, 206.

Customs Houses, Regulations for location of,
50.

Custom House and Port of Entry, Petition for
establishment of, on boundary of the
Eastern Townships, 310, 311.

Customs, Officers of, to be exempted from
serving as jurors or militia-men, 21, 40.

Cuthbert, Ross, Judge, Reference to, 459.

Cuvillier, Augustin, Biographical reference to,
504 note.

Dalhousie, Lord, Despatch of, referred to, 377
note.

De Bonne, Pierre Amabel, Judge of Court of
King's Bench, Biographical reference to, 170,
351 note; opinion of, on the fourth article
of the Royal instructions, 66 note ; recom-
mended by Dorchester as member of Council,
170 ; proceedings in House of Assembly,
Lower Canada, relating to the expulsion of,
351 note, 370 ; resolution declaring seat of,
in Legislative Assembly, vacant, 371.

Defence, Authority of Governor to raise forces
for, 9 ; Governor to report on conditions and
requirements of, 30, 47 ; weakness of the
King's Dominions in America in respect of,
324 ; suggestions for strengthening of, 325.

Denaut, Mgr. Pierre, Roman Catholic Bishop
of Quebec, Reference to, 251 note ; biographi-
cal reference to, 394 note; reference to, 388
note; quotation from observation of, 395;
reference to a memorial from, 399 note.

Desbarats, Edouard, publisher of Le Vi'ai
Canadien, Reference to, 447.

Detroit, Restoration of, to United States, 158
note.

Devon, County of, created, 73.

Deschamps, Isaac, Judge, Reference to im-
peachment of, 4 67 note.

Discontent, Legislation needed to prevent the
excitement of, 551, 552 note.

Dismissal: power of Governor to dismiss from
office, 12.

Dissenters, Right of, to vote in vestry, 341.

Districts, Reference to division of provinces
into, 409 note.

Districts of Quebec, Three Rivers, and Montreal
created, 125.

Districts of Upper Canada defined, 223, 224,
225, 226.

District Court.s, Establishment of, in Upper
Canada, 15S ; location of, 158 ; in Upper
Canada, jurisdiction of, 158 ; form of sum-
mons in, 159.

Divorce, Bills relating to, to be rejected, 19,
38.

Domaine de la couronnc, All the lands in Canada
form part of, 275 ; income from, to be con-
sidered part of Public Revenue, not of King's
Privy Purse, 275 ; reference to, 276.

Dorchester, Lord, Commission of, as Governor
of Upper and Lower Canada, 5 ; instructions
to, as Governor of Lower Canada, 13 ; in-
structions to, to take oaths of office, 13, 14,
33, 34 ; instructions to, as Governor of Upper
Canada, 33 ; instructions to, relating to
Trade and Navigation, 49 ; additional in-
structions to, on subject of Court of Appeal,

29e— 36

562

INDEX

71 ; suggestions of, for the Government of
Canada, 106 ; despatch to Dundas, of 31st
December, 1793, on the subject of a Chief
Justice, 168 ; recommends the abolition of
fees to Judges, 168 ; despatch to Dundas, 31st
December, 1793, on subject of Executive
Council, 170 ; note by, on Indian Depart-
ment, 174 ; disapproves of recommendations
of Simcoe regarding Indian Department, 177
note ; despatch of. to the Duke of Portland,
20th February, 1795, on subject of the dis-
organized state of the Government, 183;
asks permission to resign his command, 184
note.

Dorchester, County of, created, 73.

Doty, Rev. Mr., Reference to, 189.

Doyle, Edward, in control of commissariat at
Cornwall, charged with trespass, 437 ; ver-
dict against him for £112 IDs. damages, 440
note.

Drummond, Sir Gordon, Biographical reference
to, 436 note; note on clause in his com-
mission, 12; despatch to Earl Bathurst,
of 5th April, 1814, on the subject of Martial
Law, 436 ; dissolves House of Assembly,
following resolutions on the decision of the
Privy Council, 473 note ; despatch to Bath-
urst, of 27th February, 1816, on the subject
■ of the dissolution of the House of Assembly,
474 ; despatch to Bathurst, 6th March,
1816, in regard to the proceedings of the
Assembly in opposition to Government, 486.

Duchesnay, A. G., recommended by Dorchester
as member of Council, 170 and note.

Duncan, Richard, to be appointed member of
Legislative Council, Upper Canada, 36.

Dundas, Henry, Despatch of, to Lieut. Governor
Clarke, 12th July, 1792, regarding Court of
Appeals, 70 ; despatch to Dorchester relating
to plan of Government. 107; despatch to
Clarke, of October 3, 1792, relating to the
administration of Justice, 109 ; plan for a
Judicial establishment proposed by. 111 ;
observation of, on plan for a Judicial estab-
lishment, 114 note; remarks of, on Ex-
chequer Court in Canada, 118 note; despatch
to Dorchester, of 11th May, 1794, on the
subject of fees of office, 171 ; observations
on the distinction to be made between cer-
tain classes of bills where money is involved,
172 ; approves of choice of London as capital
of Upper Canada, 178 note ; considers that
York should be chief fortress of Upper
Canada, 178 note.

Dundas, County of, created, 78 ; defined, 222.

Dunn, Thomas, appointed member of Executive
Council, Lower Canada, 14 and note; to be
appointed member of Legislative Council,
Lower Canada, 16 ; reference to, 170 ; pro-
clamation conferring the Government of
Lower Canada on, 315 ; reference to, 349
note.

Durham, County of, created, 80, 224.

Duties : See Customs.

Eastern District of Upper Canada, defined, 223.

Eastern Townships, Tenure of free and common
socage in, 310 ; petition from, for repre-
sentation and other privileges, 309 ; petition
from, for representation and other privileges,
opinion of Attorney General Sewell thereon,
312.

4 GEORGE v., A. 1914

Ecclesiastical Jurisdiction : no foreign ecclesi-
astical jurisdiction to be recognized, 24, 43.
Education, State of, in Lower Canada, 405.

Effingham, County of, created, 75 ; C. B. Bouc,
member for, expelled from the House of
Assembly and re-elected, 285, 293.

Elections : time and place to be determined by
Governor, 8 ; controverted. Act regulating
trial of, in Lower Canada, 332 ; controverted.
Act respecting the trial of, in Upper
Canada, 316.

Elective Principle : Simcoe's opinion that it
should be restrained, 208.

Electors, Qualifications of, in Upper Canada,
246, 397.

Electoral Districts of Lower Canada defined,
77.

Electoral Districts of Upper Canada defined,
81.

Elmsley, John, Chief Justice, Biographical note
on, 212 ; appointment of, as Chief Justice
of Upper Canada, 198 note; questions
authority of the Administrator to issue com-
mission for a puisne judge, 217 ; reference
to, 240 ; ap]>ointed member of committee to
act during absence of Lieutenant Governor
of Upper Canada, 241.

English language : Bills relating to criminal
matters to be introduced in English, 105.

Equity : See Court of Chancery.

Equity Jurisdiction, Governor of Upper Canada
has authority to exercise, 301.

Essex, County of, created, 81 ; boundaries of,
defined, 226 ; Alex. McKee, appointed Lieu-
tenant, 200.

Exchequer Court in Canada, Remarks of Henry
Dundas on, 118 note.

Execution of judgment to be suspended during
appeal to Privy Council, 15, 35.

Executive Council : oaths of office to be admin-
istered by Governor, 7 ; method of filling
vacancies in, 15, 35 ; warrant for the
appointment of honorary members of, 172 and
note; obligations of members of, 16, 36;
members of, to enjoy freedom of debate, 16,
36 ; to audit Public Accounts, 19, 39 ; eldest
member thereof to execute Commission of
Governor in special circumstances, 12 ; Presi-
dent or eldest member of, to act as Lieutenant
Governor in his absence, and receive his
salary, 31 ; not necessary for Governor to
communicate his instructions to, 16, 36 ; with
Governor or Lieutenant Governor, to con-
stitute Court of Appeals, 15, 34 ; question of
right of honorary members to sit in Court
of Appeal, 173 note; Lower Canada, mem-
bers nominated by Crown, 14 ; quorum of,
decided on for Lower Canada, 63 ; Dor-
chester recommends increase of number of
members, 170 ; to frame regulations
regarding use of shore of Bay of Chaleurs,
28 ; report of, respecting Crown Lands,
59 ; Minutes of, proceedings regarding
the nature of - entries to be made
therein, 227 ; minutes of, remarks of
Governor Prescott on method of entering,
230 ; opinion of, regarding creation of special
fyles for minutes thereof, 231 ; extracts from
minutes of, advertised for sale, 232; mem-
bers of, object to sale of minutes, 232 ;
considers that Governor has exceeded
his instructions regarding the entry
of minutes, 233 ; observations of Gov-

IXDEX

563

SESSIONAL PAPER No. 29c

ernor Presoott regarding entry of minutes,
laid before, 235 ; report of committee of, on
course to be taken for the confection
of the Papier Terrier, 272 ; decides
that protest of Chief Justice is irregular and
should be expunged, 274 ; despatch of
Milnes in regard to admissibility of protests
in, 278 ; right of members to enter protest
referred to the King by the Lieutenant Gov-
ernor, 280 note; right of entering protests
on minutes of, denied, 282 ; extract from
minutes of, relating to an Address to the
King, 368 ; report of, on the imprisonment
of Pierre Bedard, 422 ; question of impeach-
ment of Judges brought to notice of
by Sir George Prevost, 459 note;
report of committee of, on proposal to re-
grant lands of John Caldwell in free and
common socage, 494 ; reference to, of a draft
of a commission for trial of Mr. Justice
Foucher, 522 ; report of, on trial of Mr.
Justice Foucher, 529 ; Upper Canada, mem-
bers to, nominated by Crown, 34 ; question of
quorum necessary to give validity to pro-
ceedings of, in Upper Canada, 212, 213 and
note, 214 ; three members of, appointed to
act in absence of Lieutenant Governor, 236;
opinion of members of, as to duties to be
discharged by them during absence of
Lieutenant Governor, 237.
Executive Government in U])per Canada, Sim-
coe's opinion as to strength of, 210.

Executive and legislative functions : evil of their
being vested in the same persons, 550.

Executive, Power of, diminished under present
constitution in Lower Canada, 250.

Executive Councillors, Lower Canada, Salaries
of, 31.

Expenditure, Civil, Lower Canada, Legislative
Assembly declares willingness to undertake
to provide for, 367.

Extradition, Treaty with United States on sub-
ject of, proposed, 197.

Farm lots, not to exceed two hundred acres,
22, 41.

Fees, of Admiralty Court, Regulations regarding,
29, 47 ; table of, for Court of Chancery, to
be framed, 301 and note ; table of, in Dis-
trict Court, 161 ; table of, for land grants,
to be established, 22, 42.

Fees of the Great Seal, Despatch of Portland
regarding, 218.

Feudal Tenure, Abolition of, attended with
difficulty, 264 ; effect of emancipation from,
265 ; memorial of John Caldwell to have
tenure of his lands changed to free and
common socage, 4 91 ; memorial of John
Caldwell to be granted, 492 ; report of com-
mittee of Executive Council on changing
land tenure to free and common socage, 494 ;
opinion of Chief Justice Sewell on change to
free and common socage, 496 ; opinion of
law officers of the Crown on change to free
and common socage, 498, 501.

Fines, forfeitures or penalties : amount derived
therefrom to be applied to public use under
direction of the Commissioners of Treasury,
17, 37 ; Governor may suspend payment of,
in certain cases, 20, 39.

Finlay, Hugh, appointed member of Executive
Council. Lower Canada, 14 and note; to be
appointed member of Legislative Council,

29c— 36^

Lower Canada, 16; appointed clerk of the
Crown in Chancery, 72 ; granted leave of
absence on the Postal service, 170.
Fisheries, Importance of, 27, 46; annual report
on, to be transmitted to Home Government,
29, 46 ; rf.sorvation of, in Bay of Chaleurs,
to be made for the Crown, 28 ; cod fishing
to be encouraged on coast of Labrador, 28.

Fisheries, Act regulating, repealed in part, 144.
Fishermen, to have use of beach and shore on
Bay of Chaleurs, 28.

Fishermen from Great Britain to have privi-
leges on coast of Labrador, 28.

Fortifications, Authority of Governor to erect,
9.

Foucher, Louis Charles, Solicitor General, Bio-
graphical reference to, 342 note; elected
member for York, Lower Canada, 250 note ;
report of, on the Court of King's Bench,
283 ; served with a writ in the precincts of
the House of Assembly, 342 ; reference to,
351 note ; reference to, 480 ; Justice of the
Court of King's Bench, despatch of Sir John
Sherbrooke in regard to the impeachment
of, 502 ; articles of impeachment against,
504 ; reference to, 504 note ; resolutions of
a committee of the House of Assembly, in
regard to the impeachment of, 505 note;
petition of Legislative Assembly for dis-
missal of, 506 ; address of Legislative
Council opposing Assembly's petition
against, 507; memorial of, 508 and note;
despatch of Earl Bathurst in regard to im-
peachment of, 510 ; draft Commission for
trial of, 518 ; reference of a draft of a com-
mission for trial of, to Executive Council,
522 ; reports of the Judges of the Court of
King's Bench on the trial of, 522, 524 ; re-
port of Executive Council on trial of, 529 ;
despatch of Sir John Sherbrooke in regard
to method of procedure in impeachment of,
531 ; evidence in case against, to be trans-
mitted to Privy Council for adjudication,
533 ; despatch of the Duke of Richmond in
regard to the impeachment of, 534 ; address
of Legislative Council, asking authority to
enter on speedy trial of, 534 ; re-instate-
ment of, ordered, 536 and note.

Fox, C. J., Motion of, to render Legislative
Council elective, 207 and note.

Foy, Lewis, assistant secretary to Governor,
Reference to, 423 note.

Eraser, John, to be appointed member of Legis-
lative Council, Lower Canada, 16.

Free schools. Reference to act for the estab-
lishment of, 392 note; opposition of the
cures to, 393.

French language : Bills relating to civil rights
to be introduced in French, 105 ; official use
of, 14 9.

French population of Canada in 1810, Estimate

of, 387.
Frontenac, County of, created, 79 ; county of,

defined, 223.

Fur Trade, Regulations regarding, to be made
by Legislature, 27, 46 ; licenses to be
obtained from Governors, 27, 46 ; annual
report on, to be transmitted to Home Gov-
ernment, 29, 46.

Gage Island, formerly Isle au Foret, 79.

Gaols, Despatch of the Earl of Liverpool, in re-
gard to, 407.

564

IXDEX

Garrow, Sir "William, Biographical reference to,
4S3 note ; Attorney General of the United
Kingdom, opinion of, on change of land
tenure, 498.

Gaspg County, Creation of, 73.

Gaspe, Provincial Court of, 115.

Gibbs, Sir Vicary, Attorney General, England,
Biographical reference to, 407 note ; opinion
of, in regard to appropriation of provincial
revenue, 321 ; opinion of, on proposed change
in constitution, 40G.

Glfford, R., Opinion of, on change of tenure of
land, 501.

Glanford, Part of township of, to be added to
township of Binbrook, 225.

Glengarry, County of, created, 78 ; boundaries
of, defined, 81, 222.

Gordon, Adam, special agent of the Canadian
Provinces, 442 and note.

Gore, Francis, Lieutenant Governor of Upper
Canada, restores provincial revenue appro-
priated without assent of Legislature, 323
note; despatch to "William "Windham, 13th
March, 1807, respecting character and con-
duct of Mr. Justice Thorpe, 327.

Gough, Thomas Barnes, Petition in favour of
election of, 326.

Gourlay, Robert, Reference to, 551 note.

Governor, Authority of, to constitute electoral
districts, 8 ; authority of, to determine number
of representatives for each electoral district,
8 ; authority of, under commission to issue
Writs of Summons and Election, 8 ; authority
of, to fix elections, 8 ; authority of, to sum-
mon, prorogue and dissolve Legislative
Council and Assembly, 8 ; authority of, to
provide for defence, 9 ; authority of, to erect
fortifications, 9 ; authority of, to declare
Martial Law, 9 ; authority of, to issue com-
missions to officers of ships for execution of
Martial Law, 9 ; authority of, to issue
"Warrants for payment of Public Monies, 10 ;
authority of, to assent to Bills of Legislative
Council and Assembly, 11 ; authority of, to
constitute Courts of Judicature, 11 ;
authority of, to appoint Judges, Commis-
sioners, and Justices of the Peace, 11 ;
authority of, to establish markets, 11 ;
authority of, to establish ports, 11 ; authority
of, to grant reprieves, 11 ; authority of, to
pardon certain offences and to remit fines,
11, 20, 39 ; authority of, to remove or sus-
pend persons from oflice, 12; authority of,
to suspend various officers, 20, 40 ; authority
of, to give assent to Bills, 17, 37; authority
of, to act in unforseen eventualities, 30,
47 ; opinion of Duke of Portland on
authority of, 185.

Governor of Upper Canada has authority to
exercise an Equity Jurisdiction, 301.

Governor with Executive Council to constitute
Court of Appeals, 15, 34 ; with Executive
Council, to form Court of Civil Jurisdiction
for Upper Canada, 35 ; not required to pre-
side over Court of Appeal, Lower Canada,
unless resident in Quebec, 70 ; authority of,
to appoint a President of the Court of
Appeals, Lower Canada, 136 ; to receive
commission as Vice- Admiral, 29, 46 ; to be
given commission for suppression of piracy,
29, 47 ; not obliged to communicate his in-
structions to Executive Council, 16, 36 ; to
withhold assent to any Act respecting private
property in which right of Crown is not

4 GEORGE v., A. 1914

preserved, 17, 37 ; not to remove officers
appointed under Great Seal without special
instruction, 20, 40; to grant licenses for
marriages. Letters of Administration and
Probates of "Wills, 26, 45 ; to issue licenses
to schoolmasters, 27, 45 ; to report on con-
ditions and requirements of defence, 30, 47;
to render aid to other states or plantations,
30, 47; not tc go to Europe without per-
mission, 31, 48 ; to report on any member of
Council taking oath to a foreign power, 36 ;
to take oath in regard to trade and navi-
gation, 49 ; to transmit to Home Government
lists of ships trading within province, 50 :
enjoined to enforce laws regarding Planta-
tion Trade under severe penalties, 51 ; to col-
lect tax of six pence per month from sea-
men's wages for Royal Hospital at Green-
wich, 51 ; additional instructions to, relating
to the Indian Department, 189; additional
instructions to, regarding Indian Affairs,
Lower Canada, 244 ; should have patronage
of the Canadian Battalion, 256 and note ;
residence of, to be in Quebec, 30 ; salary of,
30 ; not to receive additional salary when
resident in other provinces than Lower
Canada, 32, 48 ; provision for death or
absence of, 31.

Government of Canada, Lord Dorchester com-
plains of the disorganized state of, 183 ;
observations of John Black on, 323.

Grand River Indians, Reference to, 181.

Grand Voyer, Lower Canada, Salary of, 31.

Grande Isle to be called Wolfe Island, 79.

Grant, Alexander, appointed member of Execu-
tive Council, Upper Canada, 31 and note, 36 ;
appointed member of committee to admin-
ister Indian Affairs, 243 note ; Administra-
tor of Upper Canada, reply of, to address
of Legislative Assembly in regard to appro-
priation of provincial revenue, 321 and note ;
despatch to Lord Castlereagh, 14 th March,
1806, in regard to appropriation of provin-
cial revenue without assent of Legislature,
318 ; opinion of, on the right of the Pro-
testant Clergy to collect tithes, 211.

Gray, Colonel James, Reference to, 209 and note.

Great Seal, Officers appointed under, not to be
removed by Governor, 20, 40 ; despatch of
the Duke of Portland regarding fees of,
218.

Greenwich, Royal Hospital at, six pence per
month to be collected from seamen's wages
for support of, 51.

Grenville, County of, created, 78, 223.

Habeas Corpus, "Writs of, to be issued by
Justices of Courts of King's Bench, 142 ;
regulations regarding "Writs of, in cases of
persons committed for High Treason, &c.,
216 ; motion for a writ of, in case of Pierre
Bedard, 379.

Habitants, Prosperity of, 250.

Haldimand, County of, defined, 225.

Hamilton, Robert, to be appointed member of
Legislative Council, Upper Canada, 36.

Hampshire, County of, created, 75.

Harbours, Reports to be made on places suit-
able for, 23, 43.

Harcourt, Sir Simon, Biographical reference to,
4S1 note.

n'DEX

565

SESSIONAL PAPER No. 29c

Harrison, Edward, to be appointed member of
Legislative Council, Lower Canada, 16.

Hart, Ezechiel, elected member for borough of
Three Rivers, 351 ; objection taken to man-
ner in which he subscribed to oath, 351 ;
resolution that, in as much as he professes
the Jewish religion, he cannot sit in House
of Assembly, 354, 356 ; re-elected member
for borough of Three Rivers, 354 ; takes
oath in prescribed form, 356 ; opinion of
Attorney General that he is not legally dis-

, qualified from sitting in Legislative
Assembly, 358.

Hastings, County of, created, 79, 223.

Hemp and Flax, Growth and culture of, to be
encouraged, 23, 43.

Henry, John, Extracts from instructions to, 449 ;
employed on secret mission in the New
England States, 449 note.

Hertford, County of, created, 73.

High Constable, Nomination of, 89 ; form of
warrant of, 99.

High Court of Chancery of Great Britain,
Appeals to, from judgments of Bishop, 103.

High Treason, Persons committed for, to be
detained in custody without bail, 215 ; per-
sons committed for, to be restricted in right
of Habeas Corpus, 216.

Highways and bridges, Amendments to Bill
relating to, proposed by Legislative Council,
219.

Hobart, Lord, Biographical reference to, 300
note.

Home District of Upper Canada defined, 224.

Home, Robert Charles, printer of the Upper
Canada Gazette, Action against, for breach
of the privileges of the Legislative Assembly
555.

House of Assembly, Quebec, Provision for
completion of, 259.

House of Assembly : See Legislative Assembly.

House of Commons of Great Britain, Exclusive
right of, to determine and direct legislation
imposing taxation, 542 and note.

Householders, List of, to be prepared by the
assessor, 93.

Howe Island, formerly Isle Cauchois, 79.

Hunt, James, taken into custody for breach
of the privileges of the Assembly, 165.

Hunter, Peter, Lieutenant Governor, of Upper
Canada, Biographical reference to, 236 note;
provides for his absence from the
Province, 236 ; observations of, on necessity
of a Court of Equity, 295 note ; directed
appropriation of Provincial Revenue without
assent of Legislature, 319.

Huntingdon, County of, erected, 74.

Immorality, Measures to be taken to suppress,
27, 45.

Impeachment, Sir John Sherbrooke asks for
instructions as to his conduct in cases of,

503 ; articles of, against Mr. Justice Foucher,

504 ; address of Legislative Council, Lower
Canada, on claim of Legislative Assembly
to right of, 507 ; all cases of, to be tried by
the Legislative Council, 511 ; report of Law
Officers of Lower Canada on procedure in
cases of, 512 ; Draft Commission for trial
of Mr. Justice Foucher, under impeachment,
518 ; opinion of Law Officers of Crown as to
jurisdiction of Legislative Council in cases

of, 521 ; report of Judges of Court of King's
Bench on method of procedure in cases of,
522, 524 ; despatch of Sir John Sherbrooke
in regard to method of procedure in cases
of, 530; despatch of Sir John Sherbrooke in
regard to method of procedure in impeach-
ment of Mr. Justice Foucher, 531 ; the evi-
dence in the impeachment against Mr. Jus-
tice Foucher to be transmitted to the Privy
Council for adjudication, 533; despatch of
the Duke of Richmond in regard to the im-
peachment of Mr. Justice Foucher, 534;
address of Legislative Council claiming
right of adjudication in cases of, 534.

India Bill, Reference to, 170.

Indians, Sale of liquor to, to be restrained, 27,
46 ; missionaries to, to be gradually with-
drawn, 25 ; Protestant missionaries to be
sent to, in place of Catholics, 26 ; allow-
ance to Commandant of Savages, Lower
Canada, 31 ; commissary for. Lower Canada :
salary, 31 ; presents to, to be regulated by
list, 181.

Indians, to evacuate certain posts, 188.

Indians, of Grand River, reference to, 181.

Indian Affairs, Committee appointed to admin-
ister, 243 note; Capt. Glaus appointed
Deputy Superintendent of, 243 note; addi-
tional instructions to the Governor relating
to, 244.

Indian Councils to be encouraged, 188.

Indian Department, Note on, 174 ; superinten-
dent of, 174 note ; Simcoe's opinion on
necessary reformation of, 176 ; Lord Dor-
chester disapproves of recommendations of
Simcoe regarding, 177 note ; considered by
Simcoe to be incompetent and dangerous,
182; despatch of Duke of Portland regard-
ing, 187; additional instructions to the
Governor relating to, 189 ; despatch of
Milnes to Portland on subject of, 244.

Inglis, Rt. Rev. Chas., Bishop of Nova Scotia,
Jurisdiction of, 26, 45 ; alteration in the com-
mission of, 101.

Instructions to Dorchester as Governor of
Lower Canada, 13.

Instructions of Governor to be communicated
to Executive Council at his discretion, 16,
36 ; nature of, withheld from public, 228.

Iron mines to be reserved, 23, 43.

Irvine, James, judge. Reference to, 459.

Isle au Foret to be called Gage Island, 79.

Isle Cauchois to be called Howe Island, 79.

Isle Tonte to be called Amherst Island, 79.

Jacques, Mr., of Detroit, Reference to, 58.

Jamaica, Reference to appointment of a Pro-
vincial Agent by, 485.

Jay-Grenville Treaty, Reference to, 108, 175
note.

Jeofails, Statutes of, 150.

Jesuits, Society of, to be dissolved, but provis-
ion to be made for present members, 25.

Jesuits' Estates, Transfer of, to Royal Institu-
tion for the advancement of learning, sus-
pended, 488.

Jewish Religion, Those professing, declared
ineligible to sit in Legislative Assembly,
354 ; Sir James Craig on political status
of members of, 357.

566

INDEX

Johnson, Sir John, Biographical reference to,
174 note.

Johnston, John, taken into custody for breach
of privilege, 345 and note.

Johnstown, District of, Upper Canada, defined,
223.

Journals of T^egislative Council and Assembly :
copies thereof to be transmitted to Home
Government, 18, 38 ; destruction of, in 1813,
546 and note.

Justice, Administration of : instructions to Gov-
ernor to prevent unnecessary delays, 20, 40.

Judges, Authority of Governor to appoint, 11 ; to
be appointed during pleasure only. 20, 39 ;
Governor may suspend, for good and suffi-
cient cause, 20, 40; suspension of Robert
Thorpe from office of, 330 ; eligibility of,
to sit in the Legislative Assembly, 326 and
note, 327 and note; disadvantages arising
from the election of, to the Legislative
Assembly of Lower Canada, 350 ; incapable
of being elected to Legi-slative Assembly,
Lower Canada, 350 note ; Act disqualifying
them from sitting in House of Assembly,
Lower Canada, 420.

Judge of the Admiralty, Lower Canada, Salary
of, 30.

Judges of Common Pleas, Lower Canada,
Salaries of, 30.

Judges, puisne, Despatch of Peter Russell in
regard to, 217.

Judges of Lower Canada, Memorial of, on the
subject of the impeachment of the Chief
Justices, regretting that their names are not
included in the charges, 458 ; proceedings
relating to impeachment of, referred to
Privy Council, 471.

Judges of Nova Scotia, Impeachment of, 467
note.

Judicature Bill, Lower Canada, 1794, obser-
vations of James Monk on, 118 ; text of Act
125 ; proclamation giving effect to, 125
note.

Judicial establishment, Bill for. 111 ; obser-
vations of Dundas on plan for, 114 note.

Jurymen, Qualifications of, in cei'tain cases, 51.

Juries : officers of Customs to be exempted
from serving as jurors, 21, 40.

Jurors, Fees of, for serving in cases in District
Courts, 160.

Justice, administration of. Lower Canada,
Appropriation for defraying expenses of,
259 note.

Justices of the Peace, Authority of Governor to
appoint, 11; to be appointed during pleasure
only, 20, 39.

Kent, County of. Lower Canada, created, 74.

Kent, County of. Upper Canada, created, 81,
226.

Kent, Duke of, appointed General and Com-
mander-in-Chief of His Majesty's Forces
in America, 243 note.

Kerr, Judge, agrees with Chief Justice in
denying motion for writ of Habeas Corpus
in case of Pierre Bedard, 387.

King's Bench, Courts of : See Courts.

Kingston, Incorporation of, as a city, recom-
mended by Simcoe, 196 ; petition of inhabi-
tants of, that the right of holding conven-
tions to frame petitions be not restricted,
552.

4 GEORGE v., A. 1914

Labrador. Importance of fisheries on coast of,
27 ; rights of fishermen on coast of, to be
preserved, 27.

Lanaudiere, Charles de, to be appointed member
of Legislative Council, Lower Canada, 16 ;
note on, 121 ; protest of, against repeal of
Act for division of province of Lower
Canada, 121.

La Nation Canadienne, Craig's opinion of the
aspirations of the people, 392.

Lands, Total amount of, granted previous to
Conquest, 252 note ; method of division of.
by French Canadians, 403 ; appropriation of,
for endowment of rectories, 9 ; reservation
of, for support of Protestant Clergy, 21, 41 ;
reservation of timber lands for use of Royal
Navy, 22, 42 ; Simcoe's remarks on appli-
cation of revenue arising from, 200 ; appro-
priation of, should not be limited, 206 ; reser-
vation of, for Church and Crown, proposal
of Portland in regard to management of,
206 note ; estimate of extent of, at disposal
of Government of Lower Canada, 254.

Lands, Waste, Importance of, for increasing
influence of Crown, 2.51 ; order regarding
access to minutes thereon, 232 note.

Lands, Bill for relief of persons holding. Chief
Justice Osgoode objects to, 259, 262 and
note; remarks of Bishop of Quebec on, 263
note ; report of Attorney General on, 264.

Lands, Surveyor of, Lower Canada : Salary, 31.

Land grants. Authority of Governor to make,
under seal of the Province, 11 ; method of
making, 21, 41 ; Executive Council recom-
mends that part of cost of surveys be borne
by petitioners, 60 ; to be made only to per-
sons in a position to cultivate them, 21, 41 ;
to be registered within six months, 21, 41 ;
regulations as to grants other than town,
park or farm lots, 22, 41 ; oaths prescribed
to grantees, 22, 42 ; table of fees to be
established, 22, 42 ; terms and conditions
respecting, to be published, 23, 43 ; reser-
vation of coal, silver, copper, tin, iron, and
lead, 23, 43 ; proposal to annul reservation
of certain mines in, 203 ; mines of gold and
silver only to be reserved in, 205 note.

Land granting system of Upper Canada, Sim-
coe's opinion of excellence of, 201.

Lands granted under Royal Seal not trans-
ferable to aliens, 51.

Land Tenure, under French regime, 119 ; under
early British rule in Canada, 120 ; system
of, in Lower Canada, disapproved by Lieu-
tenant Governor Milnes, 249 ; free and com-
mon socage in Eastern Townships, 310 ;
proposal of John Caldwell that his
lands be changed from feudal tenure to
free and common socage, and proceedings
thereon, 491, 492, 494, 496, 498, 500, 501;
opinion of Chief Justice Sewell on change of,
496 ; opinion of Law Officers of the Crown
on change of, 498, 501.

La Tranche River, now called the Thames, 81.

Lavergne vs. Bertrand, case cited, 415 note.

Law, practice of. Act regulating, repealed In
part, 144.

Law clerk, Appointment of, by Legislative
Assembly, 475.

Lead mines to be reserved, 23, 43.

Le Canadien, Inflammatory publications of,
378 ; seizure of, 378 note ; influence of, 391 ;
reference to, 475.

INDEX

567

SESSIONAL PAPER No. 29c

Lee, Thomas, Reference to, 477 note.

Leeds, County of, created, 7S, 220.

Lees, John, recommended by Dorchester to be
mem1>er of Executive Council, 170.

Le Francois, Charles, proprietor of Le Can-
adien. Reference to, 44S note.

Legal tender, Paper Bills not to be accepted as,
19, .39.

Legislative Assembly : Authority of Governor to
issue Writs of Summons and Election, 8 ; to
be summoned, prorogued, and dissolved at
discretion of (Jovernor, S ; prorogation of,
by intervals of forty days, 72 ; qualifications
for membership in, 107 note, 397 ; eligibility
of Judges to sit in, 326 and note, 327 and
note ; opinion of the Law Officers on the
privileges of, 480 ; opinion of Lord Camden as
to extent of privileges of, 481 ; assembly of a
Colony not entitled to same privileges as
House of Commons of Imperial Parliament,
4S1 ; right of, to information on the casual
and territorial revenues, 27.5 ; method of
voting supply by address, .549 and note ;
rules and regulations for, 105.

Legislative Assembly, Lower Canada, usage in
regard to Speaker's voting in, 484 ; privi-
leges of, 162, 342 ; serving writ within the
precincts of the House, breach of privilege
of, 345 ; resolutions of, respecting privileges,
365 ; claims privileges of House of Com-
mons, 483 ; disadvantages arising from the
election of Judges to, 350 ; Committee re-
solves that Judges are incapable of being
elected to, 350 note; Act disqualifying
Judges from sitting in, 420 ; resolutions of,
declaring that Ezechiel Ha:t, professing the
Jewish religion, cannot sit or vote in the
House, 354, 356 ; questions of Sir James
Craig on eligibility of Jews to sit in, 357 ;
opinion of Attorney General in favour of
admitting Jews to, 358 ; " the most indepen-
dent Assembly that exists in any known
(Government in the world," 390 ; preponder-
ance of French influence in, 324 ; poor
character of members of, 324 ; suggestion
for raising the qualification of members of,
324 ; Craig's reference to novel methods of
members in dealing with questions before
the House, 390 ; certain members of, unable
to write, 390 ; caustic remark of the Gov-
ernor on the social standing of members of,
390 ; Craig's opinion of the character of
English members of, 390 ; reference by Chief
Justice Sewell to social standing of mem-
bers of, 402 ; special committee appointed
by, to consider constitution of Courts of
Justice, 121 ; resolutions of, relating to the
constitution of Provincial Courts, 4 78 ;
committee of, reports on the arrest of John
Young, 164 ; claims that Legislative Council
cannot introduce measures dealing with
money, 166 ; proceedings in, in regard to
the right of the Legislative Council to
amend bills, 219 ; insists on its disagreement
with Legislative Council in regard to
amending of bills, 221 ; proceedings relating
to the expulsion of C. B. Bouc from, 285 ;
Act to disqualify C. B. Bouc from being
elected to, 294 ; nominates commissioners to
negotiate with Upper Canada, 302 note;
claim of, to nominate commissioners in Bills,
objected to by Legislative Council, 302 and
note, 303 ; reasons given by Sir James Craig
for dissolution of, 360 ; despatch of Lord
Castlereagh on subject of dissolution of.

363 ; private despatch of Lord Castlereagh
on subject of dissolution of, 364 ; address
to the King by, 366 ; address of, to Sir
James Craig, upon the subject of civil ex-
penditure, 367 ; declares its willingness to
bear expenses of Civil Government, 367 ;
Sir James Craig's reply to address of, in
regard to Civil Expenditure, 367 ; proceed-
ings in, relative to expulsion of P. A. De
Bonne, 3 70 ; seat of P. A. DeBonne in, de-
clared vacant, 371 ; resolution of, declaring
that P. A. DeBonne, being one of Judges
of Court of King's Bench, cannot sit or vote
in House, 371 ; Sir James Craig dissolves
Parliament because of proceedings against
P. A. DeBonne, 371 ; despatch of Sir James
Craig on dissolution of, 372 ; pass vote to
bear civil expenditure, without obtaining
estimate of amount required, 377 ; to be pro-
rogued or dissolved, if violent or intemperate
proceedings are adopted, 411 ; resolutions of
the House in favour of Pierre Bedard, 4^1 ;
proceedings in, relative to the exercise of
]iower of imprisonment by the Executive
Council, 428 ; address of, to Prince Regent
on subject of conduct of Judges, 452; pro-
ceedings in the House relating to the im-
peachment of Jonathan Sewell and James
Monk, 454 ; address of, to Sir George Pre-
vost, praying for the suspension of Jonathan
Sewell and James Monk, 455 ; resolutions
of, on the decision of the Privy Council in
case of impeachment of Judges, 472 and
note ; pass resolutions praying for an oppor-
tunity to maintain charges of impeachment
against Judges, 473 ; proceedings of, against
Mr. Justice Foucher, 502, 504, 505 note, 506,
508 ; address of Legislative Council on claim
of, to a right of impeachment, 507 and note ;
address of Legislative Council on powers of,
534; right of, to appoint special agent 'for
the Province questioned by the Legislative
Council, 457 ; proceedings of, relative to the
appointment of a Provincial Agent in Great
Britain, 484 and note ; Revenue Bill pro-
viding means for carrying on the war, re-
jected by the Legislative Council, 462 ; des-
patch of Sir Gordon Drummond in re-
gard to conduct of, 486 ; instructions to Sir
John Sherbrooke on his policy towards, 488 ;
despatch of Sir John Sherbrooke in regard
to the policy he is to pursue towards, 489 ;
despatch of Earl Bathurst on policy to be
pursued towards, 490.

Legislative Assembly, Upper Canada, Act re-
specting qualifications of members of,
194 ; Act for better representation
of Commons of Upper Canada, 1808,
331 ; Act respecting eligibility of
persons to be returned to, 537 ; oath pre-
scribed to candidates for, 539 ; declares its
members the only constitutional representa-
tives of the people of the province, 551 ;
extent of privileges of, 4S1 ; address of, to
the Prince Regent, on the subject of the
attack on their rights and privileges by the
Legislative Council, 548 ; regulations for
liayment of members of, 91 ; members of, to
1)6 paid ten shillings per day, 98 ; claim of,
to be made acquainted with application of
Customs duties, 203 ; should be made
acquainted with whole revenue and expendi-
ture of the Province, 206; address of, in
regard to the appropriation of provincial
revenue without assent of Legislature, 320 ;
reply of President Grant to address of, in

563

I2iDEX

regard to appropriation of provincial revenue,
321 and note -.opinion of Attorney General
and Solicitor General of Great Britain on
address of, in regard to application of prov-
incial revenue, 321 ; relinquishes the prov-
incial revenue illegally appropriated by
Lieutenant Governor Hunter, 323 note, 328;
proceedings in, relative to petition against
election of Justice Thorpe, 325 ; proceedings
of, relating to the arrest of Joseph Will-
cocks for contempt of the House, 346 ;
destruction of Journals of, in 1813, 546 and
note ; proceedings of, relating to disallow-
ance of elections of James Wilson and John
Roblin on ground that they are preachers,
416 ; resolution of, regarding Martial Law,
435; proceedings of, denying the claim of
the Legislative Council to amend Money
Bills, 540 ; proceedings of, relating to the
Convention of 1818, 551 ; proceedings of, on
a question of privilege, 555.

Legislative Council: Authority of Governor
to issue Writs of Summons, 8 ; to
be summoned, prorogued, and dissolved at
discretion of Governor, 8 ; motion of Mr.
Fox to render elective, 207 and note; mem-
bers of, to be given hereditary titles of
honour, 208 and note ; residence necessary
to hold office in, 17, 36 ; opinion of the Law
Officers on the casting vote of the Speaker,
480; opinion as to right of Speaker to vote,
482.

Legislative Council, Lower Canada, Members
of, nominated by Crown, 16; to settle
limits of parishes, 26, 45 ; Craig's opinion
of the eminent respectability of, 389 ;
usage in regard to Speaker's voting in,
484 ; proceedings in House of Assembly in
• regard to right of, to amend bills, 219 ;
objects to Assembly naming Commissioners
in Bills, 302 and note, 303 ; asserts prero-
gative of Crown to nomination of public
officers, 302, 303; refuses to accept amend-
ments of Assembly, 425 ; accepts the reasons
presented by Legislative Assembly, 431;
resolutions of, on the right of the Assembly
to appoint a special agent for the Province,
457 ; presents address to the Prince Regent
on subject of impeachment of Judges, 461 ;
address of, in regard to the claim of the
Legislative Assembly to the right of im-
peachment, 507 and note ; to try cases of
impeachment, 511 ; opinion of the Law
Officers of the Crown as to jurisdiction of,
in cases of impeachment, 512, 521; address
of, on the powers of the House of Assembly
and on the right of adjudication in cases of
impeachment, 534 ; reject Revenue Bill
passed by the Assembly, 462.

Legislative Council of Upper Canada, Appoint-
ment of members to, 36 ; proceedings in, re-
lating to right of Assembly to commit to
jail for breach of privilege^ 425 ; pro-
ceedings in regard to its claim to the right
of amending Money Bills, 540 ; address of
Legislative Assembly to the Prince Regent
in regard to the attack on its privileges by,
548.

Legislative and Executive functions : evil of
their being vested in the same persons, 550.

Leinster, County of, created, 75.

Lennox, County of, created, 79.

4 GEORGE v., A. 1914

Lennox and Addington, Incorporated counties
of, defined, 223 ; petition from inhabitants of,
417.

Lery, J. G. Chaussigros de, to be appointed
member of Legislative Council, Lower
Canada, 16.

Lester, Mr., Reference to, 258.

Letters of Administration to be granted by
Governor, 26, 45.

Le Vrai Canadien, organ of the French
Canadian party, 447.

Liberty of Conscience to be permitted, 26, 45.

Licenses for marriages to be granted by Gov-
ernor, 26, 45.

Lieutenant Governor, Qualifications of, 12 ;
authority of, to execute commission of Gov-
ernor in special circumstances, 12 ; to receive
no part of Governor's remuneration when
acting as such, 31 ; provision for death or
absence of, 31, 48 ; President or eldest
member of Executive Council to act during
absence of, and receive salary of, 31 ; salary
of, in Lower Canada, 30.

Lieutenant-Governor, Upper Canada, with
Executive Council, to form Court of Civil
Jurisdiction for Upper Canada, 35 ; opinion
of Executive Council as to duties to be dis-
charged in his absence, 237.

Lieutenants of Counties, Appointment of, recom-
mended by Simcoe, 196; Simcoe's instruc-
tions to, 198 ; Commission to, 200 ; establish-
ment of, disapproved by Portland, 204 ; ob-
servations of John Graves Simcoe in vindi-
cation of appointment of, 207 ; opinion of
Portland that, having been appointed, they
are not to be set aside, 210.

Lincoln, County of, created, 80.

Lincoln, First, Second, Third and Fourth
Ridings of County of, defined, 80, 81, 225.

Liquor, Sale of, to be restrained, 27, 46.

Liverpool, Earl of. Biographical reference to, 372
note; extract from despatch of, 406 note;
despatch to Sir James Craig, 12th Septem-
ber, 1810, in regard to erection of Gaols
and expenses of Civil Government, 407 ; con-
fidential despatch to Sir James Craig, 12th
.September, 1810, on condition of government
of Lower Canada and suggested measures of
reform, 408.

Lloyd, Sir Richard, Biographical reference to,
481 note.

Lods et ventes, despatch of Milnes in regard
to, 257, 265.

Lods et ventes. Despatch of Milnes in regard
of Attorney General, do not form part of
King's privy purse, 275.

London, Upper Canada, proposed by Simcoe
as capital, 178 note; approved by Dundas
as capital, 178 note; district of, defined, 226.

Longueuil, Joseph de, appointed member of
Executive Council, Lower Canada, 14 and
note ; to be appointed member of Legislative
Council, Lower Canada, 16 ; reference to,
170.

Lord's Day to be. duly observed, 26, 45.

Lots : See Lods.

Lower Canada, ProviYice of, created, 3 ; boun-
daries of province defined, 4, 6 ; note on
plan of, 4 ; plan of part of province of, error
in, 74 note; population of, 265; province of,
authority to Governor to divide into electoral
districts, 8 ; plan of division of, made by

INDEX

569

SESSIONAL PAPER No. 29c

order of Governor, 72 ; proclamation regard-
ing division of, 72 ; Electoral districts of,
defined, 77 ; proposed re-division of, for
administrative purposes, HI ; division of,
into three districts, 125 ; commission of
Dorchester as Governor of, 5 ; appointment
of Bishop of, 101 ; proposed plan for the
administration of Justice, 110 ; Act for pre-
sei-vation of Government, and securing the
Peace, Constitution, Laws and Liberties of,
1797, 215 ; despatch of Milnes to Portland
on general condition of Government of, 249 ;
Government of, conferred on the Hon.
Thomas Dunn, 315 ; observations of H. W.
Ryland on the political state of, 348 ;
despatch of Sir James Craig on political
situation of, in 1809, 360; suggestion to
unite it with Upper Canada, 397 ; confi-
dential despatch of the Earl of Liverpool on
condition of governpient and suggested mea-
sures of reform, 408.

Loyalists, Settlement of the township by, 392.

Loyalty, Evidence of, shown to the representa-
tive of the Crown, 252.

Lynburner, Adam, appointed member of
Executive Council, Lower Canada, 14 and
note.

Mabane, Adam, appointed member of Executive
Council, Lower Canada, 14 and note; to be
appointed member of Legislative Council,
Lower Canada, 16 ; reference to, 170.

ilagistrates. Petition for appointment of, in
Eastern Townships, 310, 132.

Mansfield, Lord, Biographical reference to, 481
note.

Markets, Authority of Governor to establish,
11.

Marque and Reprisal, Commissions of, Regula-
tions regarding, 29, 47.

Marriages, Table of, to be displayed in places
of public worship, 27, 46.

Marriage licenses, to be granted by Governor,
26, 45 ; Anglican Bishop of Quebec has no
power to grant, 340.

Marshal, Upper Canada, Fees of, 157.

Marshall, Charles, Solicitor General, Lower
Canada, Report of, on procedure in cases of
impeachment, 512 ; opinion of, as to juris-
diction of Legislative Council in cases of
impeachment, 521.

Martial Law, Authority of Governor to declare,
9 ; authority of Governor to issue com-
missions to officers of ships for execution of,
9 ; declaration of, in 1775, 442 note; opinion
of Chief Justice Monk on the declaration of,
432 ; declaration of, in Upper Canada, 435 ;
proclamation of, by De Rottenburg, revoked
by the Lieutenant Governor, 436.

McDonell, John, Counsel for petitioners of Len-
nox and Addington, 418.
McGill, James, Reference to, 170.

McGill, John, Biographical reference to, 241
notes 5 and 7 ; appointed extra member of
Committee to act during absence of Lieu-
tenant Governor of Upper Canada, 241.

McKee, Colonel Alexander : biographical note,
178 ; recommended by Simcoe for appoint-
ment to Council, 178 ; appointed Lieutenant
of County of Essex, 200 ; reference to, 243
note.

McKee, Thomas, appointed member of com-
mittee to administer Indian Affairs, 243
note.

Meetings, An Act to prevent certain, in Upper
Canada, 554.

Meetings : See also Assemblies, Conventions.

Merchants, Mr. Atcheson presents memorial of,

to Lord Liverpool, 411 and note.
Mercury, The, Reference to, 391 note.
Middlesex, County of, defined, 226.
Midland District of Upper Canada, defined, 224.
Military Authority, in the North American

Provinces, Despatch of Portland to Milnes on

subject of, 242 ; despatch of Portland to

York on extent of, 242.

Military expenses, annual, £260,000, 253 ; pro-
vided by Home Government, 410.

Militia : officers of Customs to be exempted
from serving in, 21, 40 ; effect of disembody-
ing the, in Lower Canada, 250 ; Lieutenant
Governor considers that more importance
should be attached to, 252 ; influence of
Captains of, desirable in interests of Gov-
ernment in Lower Canada, 253 ; increased
training of, proposed, 256 ; petition for
organization of, in Eastern Townships, 310,
312 and note; Lower Canada, bad organi-
zation of, 324.

Militia Act, Amendments to, suggested, 257.
Mills, Sir Thomas, Receiver General, Instruc-
tions to, 276 note.

Milnes, Robert Shore, Biographical reference to,
242 note; despatch to the Duke of Portland,
13th May, 1800, on subject of Indian Depart-
ment, 244 ; despatch to the Duke of Port-
land, 1st November, 1800, on general con-
dition of Government of Lower Canada,
249 ; considers it fortunate that amount of
revenue is not equal to expenditure, since
otherwise Legislature might demand com-
plete control, 254 ; despatch to the Duke of
Portland, 16th April 1801, on subject of a
Bill relating to lods and ventes, 257 ;
despatch to the Duke of Portland, 15th
May, 1801, on subject of protest of Chief
Justice, regarding, lods and ventes,. 270;
questions legality of entering protest of
Chief Justice on minutes of Council, 273 ;
despatch to the Duke of Portland, 12th
June, 1801, on the subject of the admissi-
bility of protests in the Executive Council,
278.

Mines, Instructions for reservation of, 23, 43 ;
remarks of Simcoe on reservation of, 198 ;
proposal to annul reservation of, in land
grants, 203 ; gold and silver only to be
reserved in land grants, 205 note.

Mines in Upper Canada, Advantages of, 211.

Missionaries to Indians to be gradually with-
drawn, 25 ; Protestants to replace Catholics,
26.

Money Bills, to originate in House of Assembly,
106 ; discussion on the right of the Legisla-
tive Council to introduce measures in which
money is involved, 166.

Money Bills : See also Bills.

Monk, James, Attorney General, Biographical
note on, 118 ; prepares draft of Bill for
Judicial establishment, 111 ; despatch of, to
Dundas 6th June, 1794 : observations on
Judicature Bill, 118 ; comment of, on Judi-
cature Act, 126 note.

570

noEX

Monk, Chief Justice, Opinion of, relating to the
erection of parishes in Lower Canada, 413 ;
opinion of, on the declaration of Martial
Law, 432 ; Chief Justice, of the District of
Montreal, heads of impeachment of, 450 ;
charged v/ith attempting to subvert the con-
stitution, 450; Privy Council dismiss pro-
ceedings of Assembly relating to impeach-
ment of Judges, 4 71; opinion of, in regard
to method of procedure in cases of impeach-
ment against Mr. Justice Foucher or others,
522.

Monk, Samuel Wentworth, Prothonotary for
the Court of King's Bench, arrested for
contempt of the Legislative Assembly, 503
and note.

Montreal, City and Town of, defined, 76.

Montreal, County of, created, 75.

Montreal, District of, created, 126.

Montreal, Proposal to establish a Court of
King's Bench at. 111.

Montreal, Provincial Court of, 115.

Montreal, Police Magistrates appointed in, 14 0
note.

Montreal, Provision for erection of Court House
at, 259.

Mountain, Jacob, appointed Bishop of Quebec,
101.

Municipal Officers, Act regarding appointment
of, 86.

Munro, John, to be appointed member of Legis-
lative Council, Upper Canada, 36.

Murray, General, Report of, on the Government
of Quebec, Reference to, 258 note; reference
to report of, 276.

Mure, John, Judge, Reference to, 459.

Naturalization, Bills relating to, to be rejected,
19, 3'8 ; note on, 107.

Naval Officer, Lower Canada, Salary of, 31.

Naval Officers to give security for performance
of duty, 50.

Navigation, Trade and. Instructions relating to,
49.

Nepean, Evan, Mr., Reference to, 57, 170.

Newark, First Parliament of Upper Canada
held at, S3 ; Court of King's Bench to be
held at, 147 ; town and township of, to be
called Niagara, 225.

New Brunswick : Order-in-Council relating to
trade with United States, 50 note.

Newcastle, District of. Upper Canada, to be
eventually declared by proclamation, 225.

Newspapers, An Act regarding the printing and
publishing of, 405.

Niagara, place of meeting of the Six Nation
Indians, 179 ; incorporation of, as a city,
recommended by Simcoe, 196 ; district of,
defined, 225 ; town and township of, formerly
called Newark, 225.

Nicholl, Sir John, Biographical reference to, 339
note ; opinion of, on the powers of the Angli-
can Bishop of Quebec, 339.

Nichol, Robert, Reference to, 426 note.

Norfolk, County of, created, SI, 226.

Northey, Sir Edward, Biographical reference to,

481 note.
Northumberland, County of. Lower Canada,

created, 75.
Northumberland, County of, Upper Canada,

created, 80, 224.

4 GEORGE v., A. 1914

Nova Scotia, Bishop of, given jurisdiction in
provinces of Quebec, New Brunswick,
Islands of St. John, Cape Breton, and New-
foundland, 26 ; alteration in commission of
the Bishop of, 100 ; Order-in-Council relating
to trade with United States, 50 note; refer-
ence to impeachment of Judges in Province
of, 467 note.

Oaths of Office, of Executive Councillor to be
administered by Governor, 7 ; to be admin-
istered to persons professing the Roman
Catholic Religion, 7.

Oaths, prescribed to grantee of lands, 22, 42 ;
prescribed for Roman Catholic incumbents
of benefices, 25, 44 ; in regard to trade and
navigation, to be taken by Governor, 49 ;
objection to manner in which Ezechiel Hart
subscribed to, 351 ; prescribed to candidates
for the Legislative Assemblv, Upper Canada,
539.

Officers of the Crown : method of appointment,
16, 35.

Officers : See Public Officers.

Office-holders not permitted to execute more
than one office by deputy, 20, 40.

Ogden, J., J. B. R., Opinion of, in regard to
method of procedure in cases of iinpeach-
ment against Mr. Justice Foucher or others,
522 ; opinion of, on the fourth article of the
Royal instructions, 66 note.

Ontario, County of, created, 79.

Ordinance, of 27th Geo. Ill regulating pro-
ceedings in courts of civil judicature, and
establishing trials by jury in commercial
actions, repealed in part, 143 ; regarding
Courts of civil and criminal jurisdiction in
the Province of Quebec, repealed, 143.

Orleans, County of, created, 76.

Orwell River, formerly the Barbue, SI.

Osgoode, William, ap'iointed member of
Executive Council, Upper Canada, 34 and
note ; to be appointed member of Legislative
Council, Upper Canada, 36 ; note on, 124 ;
Chief Justice of Lower Canada, 198 note ;
objections of, to Bill for relief of land-
liolders, 262 and note ; despatch of Milnes
in regard to protest of, 270 ; protest of,
regarded as illegal by Lieutenant Governor
Milnes, 273 ; protest of, considered irregular
by the Executive Council, 274 ; letter to H.
W. Ryland, enclosing copy of Dissent, 280.

Oxford, County of, defined, 226.

Oyer and Terminer, Court of, 112 ; authority of
Governor to issue commissions of, 127 ; com-
mission of, letter of H. W. Ryland in regard
to, 285.

Oyer and Terminer : See also Courts.

Panet, Jean Antoine, Biographical reference to
360 note; claims freedoin of speech, 162
note ; declines office of Advocate General of
province, 162 note ; declines Judgeship, 162
note ; apologizes to Assembly for arrest of
Jolin Young, 165.

Panet, Pierre, appointed member of Executive
Council, Lower Canada, 14 and note; opin-
ion of, on the fourth article of the Royal
instructions, 66 note; reference to, 351 note.

Papier Terrier, Objections to preparation
of, 271 ; report of committee of Execu-
tive Council on course to be taken for con-
fection of, 272 ; report of Attorney General
on regularity of pi-oceedings in connection
with, 275.

INDEX

571

SESSIONAL PAPER No. 29c

Papineau, Louis Joseph, interviews the Gover-
nor in regard to the release of Pierre Bedard,
423 ; reference to, 476 note.

Parishes, :Method of erecting, 341 ; opinion of
Chief Justice Monk relating to erection of,
in Lower Canada, 413 ; difference between
erection of Roman Catholic and Protestant,
in Lower Canada, 414 ; limits of, to be
settled by Legislative Council and General
Assemblies, 26, 4.5.

Parish Officers : See Municipal Officers.

Park lots, not to exceed twenty-four acres, 22,
41.

Parliament, Upper Canada : First Parliament
held at Newark, 83.

Penetanguishene, Reference to, 197 note.

Pensions to officers of a corps of Canadians
employed in the War of the Revolution, 31.

Perrault, Oliver, Advocate (jcneral. Lower
Canada, Biographical reference to, 3 81 note ;
opposes motion for writ of Habeas Corpus
in case of Pierre Bedard, 3S1 ; reference to,
459 ; opinion of, in regard to method of pro-
cedure in cases of impeachment against Mr.
Justice Foucher or others, 524.

Petitions : need of a Provincial Agent to pre-
sent petitions to Imperial Parliament, 485 ;
petition of inhabitants of Kingston that
right of holding conventions to frame peti-
tions be not restricted, 552.

Piracy, Regulations for suppression of, 29, 47,

Pittsburg, Township of, defined, 223.

Plessis, Mgr. Joseph Octave, Biographical refer-
ence to, 304 note; report of Attorney General
Sewell on a conversation with, 304 ; refer-
ence to, 388 note; reference to, 399 note;
Roman Catholic Bishop of Quebec, recogni-
tion of title of, 556 and note; appointment
of, to Legislative Council, 556. ,

Plumer, Thos., Solicitor General of Great
Britain, Opinion of, in regard to appropri-
ation of provincial revenue, 321.

Point au Boudet, Reference to, 58.

Police Magistrates appointed in Montreal, 140
note.

Political State of Lower Canada, Observations
of H. W. Ryland on, 348 ; despatch of Sir
James Craig on, in 1809, 360.

Population of Canada, Estimate of, in 1810,
387.

Portland, Duke of. Reference to, 125 note;
despatch of, to John Graves Simcoe, 20th
May, 1795, in regard to suggestions made
by him, 204 ; disapproves of creation of
corporations or establishment of Lieutenants
of Counties. in Upper Canada, 204; is of
opinion that whole expenditure and revenue
of the Province should be laid before tlie
House of Assembly, 206 ; makes proposal
in regard to management of Church and
Crown Lands, 206 note ; despatch to Lord
Dorchester, of 27th May, 1795, on the sub-
ject of the Governor's authority, 185 ;
despatch to John Graves Simcoe, of 3rd
September, 1795, on subject of Indian De-
partment, 187; despatch of, to John Graves
Simcoe, 3rd March, 1796, in regard to the
appointment of Lieutenants of Counties,
210 ; despatch to Peter Russell, 10th .Tanu-
ary, 1798, on subject of fees of the Great
Seal, 218 ; despatch to the Duke of York,
21st February, 1800, on the extent of the
Military Authority in the North American

Provinces, 24 2 ; despatch to Robert Shore
Mllnes, 2Sth February, 1800, on the extent
of the Military Authority in the North
American Provinces, 24 2; despatch to
Robert Shore Milnes, 6th January, 1801,
on the condition of the Government of
Lower Canada as outlined by the Lieuten-
ant Governor, 255 ; despatch to Robert Shore
Milnes, 13th July, 1801, on the application
of the territorial revenues, 281.

Ports, Authority of Governor to establish, for
convenience of shipping, 11.

Powell, William Dummer, Biographical refer-
ence to, 217 note; biographical reference to,
441 ; opinion of, on the declaration of
Martial Law, 4 41.

Pownall, George, to be appointed member of
Legislative Council, Lower Canada, 16 and
note ; Secretary of the Province, Lower
Canada, reference to, 72 note.

Prescott, Governor, Remarks of, on method of
entering minutes of Executive Council, 230 ;
observations of, regarding entry of minutes,
laid before Council, 235.

Prescott, County of, defined, 222.

Presents to Indians, to be regulated by list,

181.

Prevost, Sir George : note on clause in his com-
mission as Governor, 12 ; use of patronage,
reference to, 466 note; despatch to Bath-
urst, 10th March, 1814, on the subject of
impeachment of Judges, 462; despatch to
Bathurst, of 4th September, 1814, on the
State of the Government of Lower Canada,
465.

Priests, Revenue of, derived from grain, 252 ;
influence of, desirable in interest of Gov-
ernment in Lower Canada, 253.

Priests : See also Cures.

Prince Edward, County of, created, 79, 223.
Prince Regent, His Royal Highness the. Address

of the Legislative Assembly, Upper Canada,

to, 548.

Printer to the Legislature, Reference to the

appointment of a, 475.
Printing and Printers, An Act for the regulation

of, proposed by Chief Justice, 405.
Prisons : Executive Council to provide and

maintain buildings, 20, 40.

Private Bills, Rules and regulations for, 105.

Privateers, Regulations regarding, 29, 47.

Privilege of Legislative Assembly, 342.

Privilege of Parliament, Acts relating to, 344
note.

Privileges, of Colonial Legislature, Reference to,
383 note; Legislative Assembly of a Colony
not entitled to those of the House of Com-
mons, 481 ; opinion of Lord Camden as to
extent of, in Colonial Legislative Assemblies,
481 ; conferred on the Legislative Assembly
and Legislative Council by the Constitu-
tional Act, 545 and note ; question of, dis-
cussed in Legislative Assembly, Lower
Canada, 162 ; proceedings for breach of,
165 ; declaration in regard to, 345 ; arrest
of John Johnston for breach of, 345 and
note ; resolutions of Legislative Assembly,
Lower Canada, respecting, 365 ; claims those
of House of Commons, 483 ; extent of privi-
lege in Legislative Assembly of Upper
Canada, 481 ; amendments by the Legisla-
tive Council to Money Bills a breach of.

572

INDEX

541 ; address to the Prince Regent in regard
to the attack made on, by the Legislative
Council, 548 ; proceedings of the Legislative
Assembly, Upper Canada, on a question of,
555.

Privy Council to hear appeals in certain cases,
15, 35 ; to receive Appeals from Court of
Appeal, 114 ; appeals from King's Bench
allowed to, 155 ; decision of, in the case of
impeachment of Judges, 470 ; to receive and
give judgment on the evidence in the im-
peachment of Mr. Justice Foucher, 533.

Prizes, Facilities to be given for condemnation

of, 29, 47.
Probates of Wills to be granted by Governor,

■26, 45.
Procedure, forms of, Request of Legislature for

opinions regarding, 119.
Proclamation fixing date for commencement of

new constitution, 55 ; regarding Crown

Lands in Lower Canada, 60.

Protestants to have use of churches in parishes
where majority of inhabitants are Roman
Catholics, 24, 44.

Protestant Church, Lower Canada, Allowances
to Ministers of, 31.

Provincial Agent of Lower Canada, Bill for
the appointment of, in United Kingdom, 369 ;
proceedings relative to appointment of, 484
and note ; necessity of, to present petitions
to the Imperial Parliament, 485.

Provincial Courts, Resolutions of Assembly
relating to constitution of, 478.

Provincial Courts -.See also Courts.

Public Accounts : statement of revenue and ex-
penditure to be transmitted half-yearly to
Home Government, 11 ; to be audited by
Executive Council, 19, 39.

Public Officers, Right of Crown to nominate,
asserted, 302, 303.

Public Revenue : money levied under laws or
ordinances to be applied to public use under
direction of Commissioners of Treasury, 17,
37.

Pyke, George, Biographical reference to, 513
note ; opinion of, as to jurisdiction of Legis-
lative Council in cases of impeachment, 511 ;
opinion of, on procedure in cases of impeach-
ment, 512, 514.

Quebec Province, Boundaries of, 4 note ; divided
into Upper and Lower Canada, 3 ; Order-
in-Council relating to trade with United
States, 50 note; ecclesiastical jurisdiction
in, 104.

Quebec, City and Town of, defined, 76.

Quebec, City of, Proposal to establish Court of
King's Bench at, 111 ; provision for establish-
ment of a cathedral of the Chui'ch of Eng-
land at, 254 note ; provision for erection of
Court House at, 258 ; provision for com-
pletion of House of Assembly at, 259.

Quebec, County of, created, 75.

Quebec, Provincial Court of, 115.

Quebec, District of, created, 125.

Quebec, See of, dependent upon the See of
Rome, 404.

Quebec, Capitulation of : See Capitulation.

Quebec Gazette, Proclamation in, 379.

4 GEORGE v., A. 1914

Receipts and expenditure, Lower Canada :
average for five years from 1795, 253 note.

Receiver General of the Revenues, Lower
Canada, Salary of, 31.

Recognizances forfeited in Courts of General
or Special Sessions of the Peace to be
estreated into Courts of King's Bench, 141.

Records, of courts. Custody of, 116 ; provision
for custody of, in Lower Canada, 135.

Records of Court of Appeals, Lower Canada,
Custody of, 137.

Rectories, Method of creating, 341.

Rectors, Opinion of Attorney General on
authority of, 189.

Rectors, Churchwardens and Vestries have not
authority to make assessments for main-
tenance of churches, 190.

Redistribution Act for Upper Canada, ISOO,
245.

Redistribution Act, Upper Canada, 180S, 331.

Registrar's Office : land grants to be registered
within six months, 21, 41, petition for
establishment of, in Eastern Townships,
310, 311.

Reid, J., J. K. B., Opinion of, in regard to
method of procedure in cases of impeach-
ment against Mr. Justice Foucner or others,
522.

Religious Communities, with exception of
Jesuits, to remain on their establishment,
25 ; Craig's observations on, 388 ; reference
to, 405.

Representation in Legislature, Petition from
Eastern Townships for, 309.

Representation in Legislative Assembly, Upper
Canada, Basis of, 197 ; Upper Canada, 1808,
331.

Reprieve, Authority of Governor to grant, 11.

Returning Officers, Appointment of, 72.

Revenue, Statement of, to be transmitted half-
yearly to Home Government, 10 ; deficiency
of, 253 ; Lieutenant Governor considers it
fortunate that amount of, is not equal to
expenditure, since otherwise Legislature
might demand complete control, 254.

Revenue of Lower Canada in possession of the
Crown, Earl Bathurst on disposal of, 487.

Revenue, Casual and Territorial, Right of
Assembly to information on, 275 ; despatch
of Portland in regard to application of, 281.

Revenue, Provincial, Despatch of Alexander
Grant in regard to appropriation of, with-
out assent of Legislature, 318 ; Lieutenant
Governor Hunter directed appropriation of,
without assent of Legislature, 319 ; address
of Legislative Assembly in regard to appro-
priation of, without assent of Legislature,
320 ; reply of President Grant in regard to
appropriation of, 321 ; can, in opinion of
Attorney General and Solicitor General of
Great Britain, be applied only as directed
by provincial laws, 322 ; Lieutenant Gov-
ernor Gore restores sums appropriated
without consent of Legislature, 323 note;
Legislative Assembly relinquishes sums
appropriated by Lieutenant Governor Hun-
ter without assent of Legislature, 323 note,
328.

Revenue Bill, Reasons given for its. rejection
by the Legislative Council, 462.

Richelieu, County of, created, 74.

INDEX

573

SESSIONAL PAPER No. 29c

Richmond, Duke of, to Earl Bathurst, despatch
ISth May, 1819, in regard to the impeach-
ment of Mr. Justice Foucher, 534.

Rigauville, Commandant of a Corps of Cana-
dians employed in War of Revolution, Pen-
sion to, 31.

Road Act, Lower Canada, Petition for modifi-
cation of, in Eastern Townships, 310, 311.

Robertson, William, appointed member of
Executive Council, Upper Canada, 34 and
note ; to be appointed member of Legislative
Council, Upper Canada, 36.

Robin, Pipon & Co., Grant of land to, on shore
of Bay of Chaleurs, 28.

Robinson, John Beverley, Biographical refer-
ence to, 437 note; opinion of, in the case of
Empey vs. Doyle, 437.

Roblin, John, Proceedings relating to disallow-
ance of election of, in Upper Canada, 416 ;
election of, disallowed, 419.

Roman Catholics, eligible for certain offices,
7 ; oaths of office to be administered to, 7 ;
to have use of churches in parishes where
majority of inhabitants are Protestants,
24, 44 ; opinion of the Crown on the right of
presentation of livings to, 424.

Roman Catholic Church : restrictions on
exercise of episcopal or vicarial powers,
24, 43 ; discussion of power of Bishop in,
306 ; patronage exercised by Bishop under
French regime now vested in the King, 425 ;
incumbents of benefices to be appointed
under authority of Crown, 24, 44 ; incum-
bents of benefices to be Canadians by birth,
24, 44 ; no person to exercise ecclesiastical
functions without license from Governor,
24, 43 ; incumbents of benefices to sub-
scribe to oath, 25, 44 ; incumbents of
parishes to hold office during good be-
haviour, 25, 44 ; discussion of method of
appointment to benefices in, 305 ; in event
of marriage of ecclesiastic, he is to be
released from penalties, 25, 44 ; allowance to
person licensed to superintend, 31 ; relations
of, with the Crown, 304.

Roman Catholic Religion, Reference by Lieut.
Governor Milnes to increasing influence of,
249 ; free exercise of religion, to be per-
mitted, 24, 43 ; Sewell's reference to the
influence of, 4 03.

De Rottenburg, Major General, Proclamation
by, declaring Martial Law in Upper Canada,
435 ; his action in declaring Martial Law
upheld by Judge Powell, 443.

Royal Arms to be set up in all Churches and
Courts of Justice, 25, 44.

Royal Assent : authority of Governor to grant
or withhold assent to Bills, or to reserve for
Royal pleasure, 11.

Royal Family, Prayers to be offered for, in all
churches, 25, 44.

Royal Navy, Timber lands to be reserved for,
22, 42.

Royal Institution for the Advancement of
Learning, Reference to, 349 note; reference
to, 488 note ; transfer of Jesuits' Estates to,
suspended, 488.

Royal Supremacy in matters ecclesiastical, to
have its due scope and influence, 24, 43.

Rules of Practice of the Courts of Justice, Pro-
ceedings in House of Assembly relating to,
443 ; extracts from, 444 note.

Rules and Regulations for House of Assembly,
105.

Russell, Peter, appointed member of Executive
Council, Upper Canada, 31 and note; to be
appointed member of Legislative Council.
Upper Canada, 36 ; despatch to the Duke
of Portland, 19th November, 1797, on sub-
ject of puisne Judges, 217 ; reference to,
240 note ; appointed member of Committee
to act during absence of Lieutenant Gov-
ernor of Upper Canada, 241.

Russell, County of, defined, 222.
Ryland, Herman Witsius, Biographical reference
to, 280 note; reference to, 274; letter to
Chief Justice Monk, 3rd September, 1801,
relating to a Commission of Oyer and
Terminer, 285 ; observations of, on the politi-
cal state of Lower Canada, 348 ; prophecy
of, regarding the House of Assembly, Lower
Canada, 348 ; reference of Governor Craig
to, 400.

Salaries of Civil Officers, Lower Canada, 30.

Sandwich, Judicial administration of Detroit
transferred to, 158 note.

Schoolmasters, Lower Canada, Allowance to, 31 ;
to obtain license from Governor, 27, 45 ;
Bishop of Quebec to grant certificates to
the Governor for, 340.

Schools, Provision to be made for, by Legisla-
tive Council and Assembly, 26, 45.

Scott, Thomas, Biographical reference to, 425.

Seal of Province, Provisions for use and cus-
tody of, 7.

Secretary, French, Lower Canada, Salary of,
31.

Sedition, Indignation of the Legislature of
Upper Canada at attempts made to organize,
552 note.

Seigniors, Exactions of, from peasants, 120 ;
little disposed to assert their influence or
improve their fortune, 249 ; to be en-
couraged to assert their influence, 255.

Seminary of Montreal, to remain in possession
of its lands and follow the rules of its
foundation, 25 ; suggestion regarding the
lands of, 400 ; reference to, 405.

Seminary of Quebec, to remain in possession of
its lands and follow the rules of its
foundation, 25 ; reference to establishment
of, 399 note; reference to, 405.

Sewell, Jonathan, Biographical reference to, 269
note ; opinion of, on the fourth article of the
Royal instructions, 66 note ; opinion of, on
the authority of the Rectors, Churchwardens
and Vestries of the Church of England, 189 ;
opinion of, on right of Protestant ministers
to collect tithes, 191 ; elected member for
Borough of William Henry, 250 note; report
of, on Act for relief of property-holders, 264 ;
opinion of, regarding the right of the Legis-
lative Assembly to information on the terri-
torial revenue, 275 ; report of, on the
regularity of proceedings in connection with
papier terrier, 275 ; opinion of, regarding
the rights of the King to territorial revenue,
275 ; report of, on Court of King's Bench,
283 : report of, to Sir Robert Shore Milnes
in regard to a conversation with Monseig-
neur Plessis, 304 ; opinion of, in regard to
the petition from the Eastern Townships
for representation and other privileges, 312 ;
opinion of, in favour of admitting Jews to
Legislative Assembly, 358 ; Chief Justice,

574

INDEX

judgment of, against motion for writ of
Habeas Corpus in case of Pierre Bedard, 2S4 ;
observations of, on Union of the Provinces,
4 00 ; reference to social standing of members
of the Assembly, 402 ; his estimate of the
character of the inhabitants, 403 ; heads of
impeachment of, 445 ; charged with attempt
to subvert the constitution, 445 ; Privy
Council dismiss proceedings by Assembly
relating to impeachment of Judges, 471 ;
reference to, 471 note; opinion of, on change
of tenure of land, 496 ; opinion of, in regard
to method of procedure in cases of impeach-
ment against Mr. Justice Foucher or others,
524.

Shaw, Aeneas, Biographical reference to, 241
note ; appointed member of committee to act
during absence of Lieutenant Governor of
Upper Canada, 241.

Shepherd, James, Sheriff, apologizes to
Assembly for arrest of John Young, 165.

Shepherd, Sir Samuel, Biographical reference to,
483 note; Solicitor General of the United
Kingdom, opinion of, on change of land
tenure, 498, 501.

Sherbrooke, Sir John, Governor, Note on clause
in his commission, 12 ; his instructions on
his attitude towards the provincial Legisl-
ture, 488 ; despatch to Earl Bathurst, 15th
July, 1816, in regard to the policy he is to
l>ursue towards the Legislative Assembly,
489 ; despatch to Earl Bathurst, 10th March,
1817, in regard to the impeachment of Mr.
Justice Foucher, 502 ; despatch to Earl
Bathurst, 20th May, 1817, in regard to the
proposed re-granting of the lands of Mr.
Caldwell, 500 ; confidential despatch to Earl
Bathurst, 10th January, 1818, in regard to
method of procedure in cases of impeach-
ment, 530 ; confidential desjiatch to Earl
Bathurst, 10th January, 1818, in regard to
the method of procedure in the impeachment
of Mr. Justice Foucher, 531.

Sheriffs, Lower Canada, Salaries of, 30.

Sheriff, Upper Canada, Fees of, 157.

Sherwood, Levius P., Biographical reference to,
438 note ; extract from speech of, 476 ; com-
ment of the Governor on, 476 and note.

Ships, Lists of, to be kept by Governor, 50.

Slioolbred, John, Grant of land to, on shore of
Bay of Chaleurs, 28.

Silver mines to be reserved, 23, 43.

Simcoe, John Graves, Commission of, as Lieu-
tenant Governor of Upper Canada, 55 ; note
in reference to, 55 ; note in reference to, 60 ;
despatch of, to Dundas, November 19th,
1791, 57 ; remarks of, on division of pro-
vince of Upper Canada, 77 note; reference
to speech of, 546, 549 ; remarks of, on Court
of Common Pleas, 146 note; his scheme for
a Colonial Aristocracy, 175 note; proposes
London as capital of Upper Canada, 178
note ; despatch to the Duke of Portland
of 21st December, 1794, on Questions relat-
ing to the Government of Upper Canada,
196 ; recommends that Kingston and
Niagara be incorporated as cities, 196 ;
recommends appointment of Lieutenants of
Counties, 196 ; instructions of, to Lieuten-
ants of Counties, 198 ; despatch of, to the
Duke of Portland, 22nd January, 1795, in
regard to the application of revenue from
lands reserved for the Crown, 200 ; his

4 GEORGE v., A. 1914

opinion as to importance of complete estab-
lishment of the British constitution in
Upper Canada, 201 ; his opinion of the ex-
cellence of the land granting system of
Upper Canada, 201 ; despatch to Portland
of 17th February, 1795, on the subject of
Indian Affairs, 173 ; note on Indian Depart-
ment, 174 note; despatch to Lord Dorclies-
ter, 9th March, 1795, on subject of Indian
Department, 176 ; recommends that Col.
McKee, Deputy Superintendent of Indian
Department, be appointed member of the
Council, 178 ; considers Indian Department
incompetent and dangerous, 182 ; despatch
of, to the Duke of Portland, 30th October,
1795, in regard to the appointment of
Lieutenants of Counties, 206 ; considered it
his duty to render Upper Canada " a per-
fect image and transcript of the British
Government and Constitution," 207 ; opinion
of, as to importance of an aristocracy in
Upper Canada, 208 ; opinion of, that the
elective principle should be restrained, 208 ;
was enabled, by creation of Lieutenants of
Counties, to reward officers of distinction
who thought themselves slighted by Dor-
chester, 209.

Simcoe, County of, defined, 224.

Six Nation Indians : Council flre removed from
Albany to residence of Sir William Johnson
on the Mohawk River, 179 note ; Council
fire of, at Niagara, 179.

Smith, William, appointed member of Executive
Council, Lower Canada, 14 and note ; to be
appointed member of Legislative Council,
Lower Canada, 16 ; opinion of, that absence
of Executive Councillors will prevent estab-
lishment of constitution in Upper Canada,
57 ; prepares draft of Bill for Judicial
establishment, 111 ; note on, 124.

Solicitor General, Opinion of, on requirements
of Court of Appeal, 63 and note.

Sorel, Allowance to Minister of Church of
England settled at, 31.

Speaker, Customs as to the voting of, in Lower
Canada, 484.

Speaker of the Legislative Council, Opinion of
the Law Officers on the casting vote of, 480 ;
opinion as to right of, to vote on all
questions and to have a casting vote in case
of an equality of voices, 482.

Specie, Want of, in the country, 396.
St. Maurice, County of. created, 75.
St. Maurice Forges, Land in vicinity of, to he
reserved, 23.

St. Ours, Paul Roc de, appointed member of
Executive Council, Lower Canada, 14 and
note ; to be appointed member of Legislative
Council, Lower Canada, 16, 170 note.

St. Sulpice, Reference to the Order of, 405.

Statutes of Upper Canada, Advertisement in
regard to, 555 and note.

Stormont, County of, created, 78, 222.

Street, Samuel, Speaker, Reference to, 127.

Stuart, Andrew, Biographical reference to, 379
note ; supports motion for a writ of Habeas
Corpus in case of Pierre Bedard, 380.

Stuart, James, King approves of removal of,
from office of Solicitor General, by the
Governor, 364; reference to, 443 note; dis-

INDEX

575

SESSIONAL PAPER No. 29c

missed from office of Solicitor General by
Sir James Craig, 447 note ; selected by the
Assembly as special agent to prosecute the
charges against Jonathan Sewell and James
Monk, 456 note ; reference to speech of, 477.

Suffolk, County of, created, 81.

Sulpicians, Reference to estates of, 424.

Superintendent of Roman Catholic Church,

Reference to, 388.
Supply, Method of voting, by address, 549 and

note.
Surrey, County of, created, 74.

Surveyor of Lands, Lower Canada, Salary of,

31.
Surveyor of Woods, Lower Canada, Salary of,

31.
Surveys, Executive Council recommends that

part of cost of, be borne by petitioners for

lands, 60.
Suspension : power of Governor to suspend from

office, 12.
Sydenham River, formerly Chanail Ecarte, 179

note.
Taschereau, Jean Thomas, Reference to, 258,

422 note; reference to, 448 note.
Tavern Keepers, not eligible to be officers of

militia or justices of the peace, 199.
Taxation, Act regulating local, for payment of

members of Assembly, Upper Canada, 91 ;

exemption from, 92.

Tax Collectors, to be allowed fees for col-
lections, 99.

Taxes, Method of collecting, 94 ; penalties for
non-payment of, 95.

Terrebonne, Action of parish priest of, during

election, 250.
Thames River, formerly La Tranche, 81.

Thorpe, Mr. Justice Robert, Biographical refer-
ence to, 325 note ; petition against election
of, 326 ; proceedings relative to petition
against election of, 325 ; opinion of, as to
eligibility of judges to sit in Legislature,

326 note; despatch of Lieutenant Governor
Gore respecting character and conduct of,

327 ; Lord Castlereagh directs the suspen-
sion of, from office, 330.

Three Rivers, Town or Borough of, defined,
76; district of, created, 126; Ezechiel Hart
elected member for, 351 ; Ezechiel Hart, re-
elected member for, 354.

Timber lands, Reservation of, for Royal Navy,

22, 42.
Tin mines to be reserved, 23, 43.

Tithes, in parishes where majority are Protest-
ant.?, to be paid to Protiestant incumbent,
24, 44 ; on lands occupied by Protestants
to be reser\'ed for support of a Protestant
clergy, 24, 44 ; opinion of Attorney General
Sewell on the right of Protestant ministers
to collect, 191 ; opinion of William Grant,
on the right of the Protestant clergy to
collect, 211 ; reference to, 399 note.

Titles of Honour, hereditary, to be conferred on
members of I^egislative Council, 208 and
note.

Town Clerk, Act regarding appointment of, 86.
Town lots, not to exceed one acre, 21, 41.
Town Officers : See Municipal Officers.

Townsend Gore to be added to Township of
Burford, 226.

Townships, Regulations for laying out, 21, 44 ;
description of, 86 note; progress of, cause
of jealousy, 392.

Trade and Navigation, Instructions relating to,
49.

Trade, between United States and United King-
dom, West Indies, Nova Scotia, New Bruns-
wick and Quebec, Order-in-Council relating
to, 50 note; Governor enjoined to enforce
laws regarding Plantation Trade under
severe penalties, 51 ; letter of Sir James
Craig in regard to, 411.

Treason : See High Treason.

Treasury, Commissioners of, to direct expendi-
ture of public revenue, 17, 37.

Trial by jury. Act establishing, in Upper
Canada, 85 ; ordinance establishing, in com-
mercial cases in Province of Quebec, re-
pealed in part, 143.

Under List, Payments under, 93.

Uniacke, Norman Fitzgerald, Biographical
reference to, 381 note ; reference to. 364 ;
opposes motion for writ of Habeas Corpus
in case of Pierre Bedard, 381 ; report of, on
procedure in cases of impeachment, 512,
513 ; opinion of, as to jurisdiction of Legis-
lative Council in cases of impeachment, 521.

Union of the Provinces, Proposal of, 324 ; advis-
ability of, suggested by Craig, 395 ; opinion
of certain gentlemen in reference thereto,
395 note ; observations of Chief Justice
Sewell on, 400. i

United Kingdom : Order-in-Council relating to
trade with United States, 50 note.

United States, Regulation of trade with, 49, 50 :
Order-in-Council relating to trade with
United Kingdom and West Indies, 50 note ;
people of, look forward to alienation of peo-
ple of Upper Canada from Great Britain,
210.

Upper Canada, Province of, created, 3 ;
boundaries of province defined, 4, 6 ; com-
mission of Dorchester as Governor of, 5 ;
province of, authority to Governor to divide
into electoral districts, 8 ; proclamation
dividing province of, into counties, 77 ; re-
marks of Simcoe on division of, 77 note;
electoral districts of, defined, 81 ; First Par-
liament of, held at Newark, 83 ; an Act intro-
ducing English Civil Law, 83 ; trial by jury
established in, 85 ; Act regulating local
taxation for payment of members of
Assembly, 91 ; appointment of Bishop of,
101 ; establishment of District Courts In,
158 ; despatch of John Graves Simcoe to the
Duke of Portland regarding Government
of, 196 ; United States expect alien-
ation of, from Great Britain, 210 ; re-
division of, into Counties, 222 ; Retlistri-
bution Act, 1800, 245 ; Governor of, has
authority to exercise an Equity Jurisdiction,
301 ; suggestion to unite it with Lower
Canada, 397.

Upper Canada Gazette, Reference to, 555 and
note.

Vestries, Opinion of Attorney General on
authority of, 189 ; opinion that the powers
of, are the subject of legislative regulation,
212 ; method of creating, and powers of,
341 ; Dissenters have right to vote in, 341.

Vestry meetings. Provision for, 26, 45.

576

INDEX

Viger, Mr., presents reasons of the Assembly for
insisting on amendments to the Bill sent
down by Legislative Council, 429.

Warrants for payment of Public Monies to be
issued by Governor, 10.

Warwick, County of, created, 75.

Waste Lands of the Crown, Lower Canada,
Report of Executive Council respecting, 59.

Weekes, William, Reference to, 326 note.

Welling, Augustus, messenger, called to the
Bar of the House of Assembly, 343.

West Indies, Regulation of trade with, 50 ;
Order-in-Council relating to trade with
United States, 50 note.

Western District of Upper Canada, defined, 226.

Whale Fishing, Encouragement to be given to,
29.

White, John, Attorney General of Upper
Canada, 198 note.

Willcocks, Joseph, member for West Riding
of Yoi-k, Proceedings relating to the im-
peachment of, 346 and note ; commitment
of, to the common gaol, 347.

William Henry, Town or Borough of, defined,
76.

Williams, Jenkin, Solicitor General, Report of,
on j-equirements of Court of Appeal, 63 and
note ; positions held by, 68 note ; reference
to, 349 note; agrees with Chief Justice in
denying motion for writ of Habeas Corjyus
in care of Pierre Bedard, 386.

4 GEORGE v., A. 1914

Wills, Probates of, to be granted by Governor,
26, 45.

Wilson, James, Proceedings relating to disallow-
ance of election of, in Upper Canada, 416 ;
resolution of House of Assembly in reference
to trial of, 417 ; election of, disallowed, 419.

Wolfe Island, formerly Grande Isle, 79.

Wolfe Island, Township of, defined,, 223.

Woods, Surveyor of. Lower Canada, Salary
of, 31.

Writs, of Summons and Election, how issued,
8 ; all writs to be issued in the name of the
King, 20, 40.

York, considered by Dundas as most suitable
to be chief place of strength in Upper
Canada, 178 note.

York, County of. Lower Canada, created, 74.

York, County of, Upper Canada, created, 80.

York, East and West Ridings of County of,
Upper Canada, defined, 80, 224.

York, Port of, reference to, 197.

Young, John, Biograpliical reference to, 162
note ; arrested under writ of capias, 162 ;
claims freedom from arrest as member of
the House of Assembly, 163 ; arrest of,
declared to be breach of privilege, 164 ;
recommended by Dorchester as member of
Council, 170.

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