SESSIONAL PAPER No. 18 Of an Parliament. Those therefore who should promote the taxing them by authority of Parliament, would act like the truest friends to civil liberty, and with the same spirit of mildness and moderation that conducted them in the repeal of the stamp-act. If it should be said, that the province of Quebec ought to have an assembly in the same manner as the other American colonies, and that the taxes ought to be imposed by the consent of such an assembly, it will be sufficient for the present purpose, and to support the measure here suggested of taxing them by authority of Parliament, to answer, that as yet no such assembly has been constituted; and till an assembly is erected, whether that time be short or long, the safest and mildest method of imposing taxes is to do it by authority of Parliament. As to the erecting an assembly in that province, it is a measure which Assembly probably will not for some years to come be found expedient. If an assembly were now to be constituted, and the directions in the governor's commission, above alluded to, were to be observed, by which none of the members elected there are to be permitted to sit and vote in the assembly till they have subscribed the declaration against Popery, it would amount to an exclusion of all the Canadians, that is, of the bulk of the settled inhabitants of the province- An assembly so constituted, might pretend to be a representative of the people there, but in truth it would be a representative of only the 600 new English settlers, and an instrument in their hands of domineering over the 90,000 French. Can such an assembly be thought just or expedient, or likely to produce harmony and friendship. between the two nations? Surely it must have a contrary effect. On the other hand, it might be dangerous in these early days of their submission, to admit the Canadians themselves to so great a degree of power. Bigotted, as they are, to the Popish religion, unacquainted with, and hitherto prejudiced against the laws and customs of England, they would be very unlikely for some years to come, to promote such measures, as should gradually introduce the Protestant religion, the use of the English language, of the spirit of the British laws. It is more probable they would check all such endeavours, and quarrel with the governor and council, or with the English members of the assembly, for promoting them. Add to 1 This question arose in a very practical form in the island of Grenada, which, together with Canada, was transferred from France to England by the Treaty of 1763. It was referred to Attorney General Yorke for his opinion, in 1766. The case and opinion are summarised as follows :-" Case submitted to the Hon. C. Yorke with regard to Grenada, where the French residents have taken the oaths of allegiance, supremacy, and abjuration, but cannot make the declaration against transubstantiation. Of the 24 members composing the Assembly, they desire to have six chosen out of their own people; and of the 12 members in Council, they desire two; and one justice of the peace in each quarter, of which there are four ; and they are now applying to the Administration to be indulged in these respects, In the Leeward Islands, Barbadoes, and Jamaica, they do not admit a person to be of the Council, Assembly, or a justice of the peace, but such as not only take the oaths of allegiance, supremacy, and abjuration (which all the French at Grenada have done), but also subscribe the declaration against transubstantiation; and in Grenada they follow the same rule. The questions submitted are- I. Can or ought the Act directing the test, made so long before the conquest of these countries, inhabited by Roman Catholics only, to be considered as a prohibitory law, excluding every Roman Catholic from any civil office in his own country? Or ought it to be considered as a law of Great Britain not extending to conquests?? "II. Is it in the power of the King, on any good consideration, to dispense with the test against transubstantiation in his new subjects in these conquered countries, either for ever or for any certain time? Or can this test be dispensed with by Act of Parliament only?' "Mr. Yorke's reply is written on the blank pages of the 'case submitted to him, apparently by his own hand. He says that in the new conquests, ceded by the late treaty, it is matter of political judgment whether His Majesty will require it to be taken by all persons who may become members of the Assembly or Council, or be appointed justices of the peace; but that the statute does not extend to them. The treaty of peace stipulates only the free exercise and toleration of the Roman Catholic religion in the countries ceded by France. His Majesty is still the judge whether he will demand the test from persons employed in offices of trust, or in any function relating to Government, so as to exclude his new subjects from any share in it. French Papists will readily enough renounce the supremacy of the Pope, and disclaim a foreign ecclesiastical jurisdiction; but the test relates to a tenet of their religi on and worship and therefore cannot in conscience be taken by them. "It is mentioned that Canada was inhabited by 80,000 French Roman Catholics, and 200 or 300 English only." Calendar of Home Office Papers; 1766-1769, No. 403. 6-7 EDWARD VII., A. 1907 this, that they are almost universally ignorant of the English language, so as to be absolutely incapable of debating in it, and consequently must, if such an assembly were erected, carry on the business of it in the French language, which would tend to perpetuate that language, and with it their prejudices and affections to their former masters, and postpone to a very distant time, perhaps for ever, that coalition of the two nations, or the melting down the French nation into the English in point of language, affections, religion, and laws, which is so much to be wished for, and which otherwise a generation or two may perhaps effect, if proper measures are taken for that purpose. And further it may be observed, that the Canadians themselves do not desire an assembly, but are contented to be protected in the enjoyment of their religion, liberties, and properties, under the administration of his Majesty's governor and council. If, to give a proper stability to this mode of government, it is carried on by authority of Parliament, and is properly superintended, as no doubt it will be, by the wisdom of his Majesty's Privy-Council, they will think themselves extremely happy under it. The persons who most desire the immediate constitution of an assembly, are some of the six hundred English adventurers, who probably are ambitious of displaying their parts and eloquence in the characters of leading Assemblymen. But if an assembly is to be constituted, even this too had better be done by act of Parliament than by the King's single authority, as it is no less than severing from the general body of his Majesty's dominions a particular part of them, with respect to the purposes of making laws and imposing taxes. Could the King, if he thought proper, and a particular county of England was to desire it of him, sever that county from the rest of England, and no longer summon any of its members to Parliament, but instead thereof constitute a little Parliament in that County itself, that should make laws and lay taxes for the inhabitants of that single county! It is presumed that he could not and the erecting an assembly in a conquered province is an act of much the same nature. It is true indeed, that some of the American charters and assemblies owe their rise to this authority: but this was in the reign of the Stuarts, who were fond of extending their prerogative; and, on account of the inconsiderableness of the colonies at that time, these things were then unnoticed; so that they do not prove the strict legality of the practice. Since that time these charters have been put in practice by the colonies, and acquiesced in by the mother-country, and in some measure recognized in Parliament; and this usage, acquiescence and recognition, are in truth their best support. But if an assembly is to be constituted, in which the Catholics or Canadians are to be admitted, (as in justice and reason they ought to be, if any assembly at all is to be erected) the authority of Parliament seems to be still more necessary to give validity to such a measure. For the reasons that have been just now mentioned, it seems evident, that the measure of erecting an assembly in the province of Quebec is somewhat premature. How soon it will become expedient and proper, experience only can show. But in the mean time, however short that time may be, it seems necessary to have recourse to the authority of Parliament for setting the government of the province, and removing the difficulties that obstract the settlement m the three great articles of Religion, Law, and Rever ne It is therefore the humble request of all the gentlemen who have lately been appointed to the principal offices in the government of Quebec, to his Majesty's Ministers of State, that they would use their in:'uence and endeavours to procure such an act of Parliament as they shall upon the whole matter think to be necessary, to remove the difficulties that bave boon statoi, and to enable the sad gentlemen to administer the government of that province in their several departments, with security to then,se ves, and advantage to the province SESSIONAL PAPER No. 18 ACTING GOVERNOR IRVING TO THE LORDS OF TRADE.1 Copy. MY LORDS, QUEBEC 20th August 1766. As the Courts of Justice are now sitting, I have an opportunity to observe the good Effects of the Additional Instruction, which, by assuring to the Canadians the Priviledge of being Jurors, and of having Lawyers that can speak their own Language, has contributed very much to quiet their minds, not a little alarmed by the long Delay which the matters that Captain Cramahé was charged with, met with in London. All that to me seems wanting at present, is a permanency to the inferior Court, and an Augmentation of the Terms of its sitting. The Slowness of the Proceedings of the Superior Court, has rendered the inferior one of great Utility to the Publick, and the small Fees taken in it, have prevented the people from becoming the Prey of attornies. The Chief Difficulty that has occurred is what happens in appeals from it to the Superior Court; as the Proceedings are threatened to be reversed on Account of deviation from the English Form, without entering into the merits of the Cause, or the Reasons upon which the Judgment was founded: The Canadian Advocates must have been inspired to have been able in so short a time to comply with Forms to which they were all Strangers, especially as the Ordinance directing the Nature of Proceedings in that Court has never been published, on Account of the uncertainty the Council was in, whether His Majesty would approve of what had already been done in these Matters or not. Governor Murray had the Honor last Summer to transmit to your Lordships a Plan given by the Attorney General for the Administration of Justice, and agreable to that of Halifax. It appear'd to the Council rational and Simple. It is to be hoped the new Chief Justice will bring over full Instructions relative to these Matters. As there are no Protestants residing in the distant parts of the Province, who are in any respect fit to be made Justices of the Peace, it would be very usefull, if a Latitude could be given to increase a little the Power of the Bailliffs in these places. Some more certain Authority to the Judges of the Inferior Court to adhere to the Coutume de Paris in their Decisions would render the present System of administ'ring Justice easy to the people, and a certain, though moderate, method to introduce our Laws, as far as they are favorable to Liberty, into the Province. The Government here, tho' they wish to secure the People's Possessions, and the Peace of their Families by adhering to their Customs and Usages, relative to the tenure of their Lands, and their manner of Succession, are far from intending that the Judges should have the same arbitrary power of proceeding as the French Judges had; a Power, which is always dangerous, and which I am certain the Judges, named by Governor Murray for the inferior Court, are very far from aspiring after. In order to expedite Business, as well as forward the levying the Duties ordered by His Majesty in Council, to be continued in this Province, an Additional Term has been found necessary, as you will see by an Ordinance, which I have the honor to Enclose to your Lordships, as well as one proposed for regulating pilotage in the River Saint Lawrence; this last has not been published, as before next Season there will be sufficient time for your Lordships to signify either your Approbation or disapprobation of it; a Circumstance, that I could wish would attend every Ordinance, as appeals are always attended with Inconvenience. 1 Canadian Archives Q 3, p. 249. 2 See Ordinance of July 1st, 1766, and note to same, p. 172. 3 See Ordinance of July 26th, 1766, p. 174. 6-7 EDWARD VII., A. 1907 I send you a Copy of the Attorney General's Report, relative to the Difficulties attending the levying the Duties' ordered by His Majesty in Council, to be continued in this Province. I have the honor to be with much Respect, My Lords, Your Lordships most obedient humble Servant. P. ÆMI IRVING. To the Right Honorable the Lords Commissioners for Trade and Plantations. PETITION OF SEIGNEURS OF MONTREAL.2 Au Roy. Les Seigneurs des terres et proprietaires des fiefs du district de Montréal en la province de Quebec, au pied du throne de Votre Majesté penetrés de la plus vive Reconnoissance, de toutes les marques de Bonté, dont il a plut à Votre Majesté, de les favoriser depuis qu'ils sont sous Votre Domination, Ozent prendre la Liberté, de lui présenter icy leurs très humbles actions de Grace en leurs Noms et Celuy de leurs tenanciers. Le Soin vraiment paternel, que Votre Majesté n'a cessé d'apporter pour leurs Interets temporels, La Grace Signallée de posseder un Eveque, a excité dans le Cœur de tous les Nouveaux sujets les plus vifs sentiments de recconnoissance, D'amour et de fidelité envers Votre Majesté. Ils Ne Sont pas moins sensibles à la derniere preuve de Votre tendresse, dont ils ont ressenty les gracieux effets dans la revoccation de L'acte des timbres. Ils Supplient Votre Gracieuse Majesté, qu'il leur soit Permis, de la remercier de leur avoir Donné pour Gouverneur L'honnorable Jacques Muray.. ils ozent esperer qu'elle voudra Bien leur Conserver, ce Digne Gouverneur, ses lumieres son Equitté sa prudence luy fournissent toujours des moyens efficaces pour maintenir les peuples dans la tranquillité et l'obeissance. Les Marques de la Bonté d'un Roy, souvent réiterées en font toujours esperer de Nouvelles; c'est sur cela Qu'ils ozent luy Demander Deux graces, elles mettroient le Comble aux faveurs de Votre Majesté, et à leur Reconnoissance, & leur attachement. LA PREMIERE, est la supression du Régisterre, dont les frais epuisent la Colonie sans quelle, en recoive Le moindre avantage. LA SECONDE est que tous les Sujets en cette province sans aucune Distinction de Religion soient admis à toutes les Charges sans autre Choix, que les talents et le meritte personnel, etre exclus par Etat d'y participer, n'est pas Etre membre de l'estat, s'ils en ressent l'humiliation, ils ne connoissent pas moins le prix d'une grace aussy Distinguée, pour laquelle Ils ne peuvent offrir que des Cours pleins d'Amour et de Recconnoissance, Leur Zele, leur attachement et leur fidelité en seront les preuves marquées dans tous les tems a venir PERPETUELLEMENT, leurs discours, et leurs exemples tendront à maintenir leurs tenanciers dans les sentiments de la fidelité et soumission Qu'ils vous doivent, ils offriront sans cesse leurs prieres et leurs vœux pour la Gloire et la Conservation de Votre Majeste et de votre auguste famille. Le Chv D'ailleboust D'Chambault Lacorne Rouville Dailleboust De Caisy 1 This report is given in Canadian Archives, Q3, p. 254. In the same volume will be found several other papers on this subject. 2 Canadian Archives, Q 4, p. 31. 3 Referring to Grenville's Stamp Act, passed in 1765 and which applied to Canada as well as to th other American colonies. It was repealed in March 1766. Endorsed:-Petition to The King from the Principal People of Montreal R/ 3a Febry 1767. (Translation.) TO THE KING. The Seigneurs of the lands and proprietors of the fiefs of the district of Montreal, in the province of Quebec, at the foot of Your Majesty's throne, filled with the deepest Gratitude for all the marks of Favour with which it has pleased Your Majesty to honour them, since they have been under Your Government, Dare to take the Liberty of here presenting to You their most humble supplications in their own Names and those of their tenants. The truly paternal Care which your Majesty has never ceased to bestow on their temporal Interests, and the signal Favour of possessing a Bishop have roused in the hearts of all the New subjects the liveliest sentiments of gratitude, of love, and of fidelity toward Your Majesty. They are no less sensible of the last proof of Your affection, of which they have experienced the beneficial effects, in the revocation of the stamp act. They beg Your Gracious Majesty that they may be permitted to thank You for having given them as Governor, the honourable James Murray, they dare to hope that You will graciously continue to them this Worthy Governor whose clearsightedness, Equity and wisdom continually afford him efficacious means for maintaining the people in tranquillity and obedience. The frequently repeated Marks of a King's Goodness, always give ground for the hope of fresh ones, and it is on this ground that they dare plead for two privileges. These would fill up the measure of your Majesty's favours, & of their gratitude & devotion. The first is the supression of the Register, the expenses of which exhaust the Colony, without its receiving from it the least advantage. The second is that all the subjects in this province without any Distinction of Religion may be admitted to any Office, the only basis of selection being that of capacity and personal merit. To be excluded by the State from participating in it, is not to be a member of the state. If they feel such a humiliation they would appreciate all the more the value of a favour equally marked, for which they can only offer their hearts full of love and gratitude. Their Zeal, their affection and their devotion shall be the signal proofs of it for all time to come. Their precepts and their examples shall perpetually tend to maintain their tenants in the sentiments of fidelity and submission which they owe you, They will offer without ceasing their vows and their prayers for the Glory and Preservation of Your Majesty and your august family. |