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SESSIONAL PAPER No. 18

'd'Hanovre, à laquelle nous avons prêté les sermens de fidélité les plus solemnels, continuer à regner sur nous à jamais !

'Nous finissons en suppliant vôtre Majesté de nous accorder, en commun avec ses 'autres sujets, les droits et priviléges de Citoyens Anglois. Alors nos craintes seront dissipées nous filerons des jours sérains et tranquilles; et nous serons toujours prêts 'à les sacrifier pour la gloire de nôtre prince et le bien de nôtre patrie.'

'Nous sommes, avec la submission la plus profonde,

'De votre Majesté,

'Fr. Simonnet,

'Landriéve,

'De Rouville,

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'Les très-obéissant, très-zélés, et
'très-fidéles sujets,

De Rouville, fils,

'Longueuil,

Hertel Beau bassin,

'St. Disier,
'John Vienne,
'La Perier,

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'Le Palliau,

J. Daillebout de Cuisy,

'Gordien de Cuisy, fils,
'La Corne, fils,

'Picotté de Belestre,

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· Fr. Cariau,

'Pierre Foretier,

· Landriaux,
'L. Defoui,
'J. G. Pillet,
La Combe,
· Fr. La Combe,
• Ch. Sanguinet,
Jobert,

'J. Sanguinet,
'M. Blondeau,
'S. Chaboille,
'Eauge,

'J. G. Bourassa,

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'Pierre Panet, fils,

Translation of the foregoing Petition of divers of the French Inhabitants of the Province of Quebeck to the King's Majesty, which was signed about the Month of December, 1773, and presented to the King about February, 1774.

'SIR,

'Your most obedient and faithful new subjects in the province of Canada take the liberty to prostrate themselves at the foot of your throne, in order to lay before you the sentiments of respect, affection, and obedience towards your august person, with which their hearts overflow, and to return to your majesty their most humble thanks 'for your paternal care of their welfare.

18-3-23

6-7 EDWARD VII., A. 1907

Our gratitude obliges us to acknowledge, that the frightful appearances of conquest by your majesty's victorious arms did not long continue to excite our lamentations and tears. They grew every day less and less as we gradually became more acquainted with the happiness of living under the wise regulations of the British empire. And øven in the very moment of the conquest, we were far from feeling the melancholy * effects of restraint and captivity. For the wise and virtuous general who conquered us, being a worthy representative of the glorious sovereign who entrusted him with the * command of his armies, left us in possession of our laws and customs: the free exercise * of our religion was preserved to us, and afterwards was confirmed by the treaty of peace, and our own former countrymen were appointed judges of our disputes concerning civil matters. This excess of kindness towards us we shall never forget. These generous proofs of the clemency of our benign conqueror will be carefully preserved in the anuals of our history; and we shall transmit them from generation to generation to our remotest posterity. These, Sir, are the pleasing ties by which, in the beginning of our subjection to your majesty's government, our hearts were so strongly bound to your majesty; ties which can never be dissolved, but which time will only strengthen and draw closer.

In the year 1761, your majesty thought fit to put an end to the military government of this province, and to establish a civil government in its stead. And from the instant of this change we began to feel the inconveniencies which resulted from the * introduction of the laws of England, which till then we had been wholly unacquainted with. Our former countrymen, who till that time had been permitted to settle our civil disputes without any expence to us, were thanked for their services, and dismissed; and the militia of the province, which had till then been proud of bearing that honourable name under your majesty's command, was laid aside. It is true indeed we were admitted *to serve on juries: but at the same time we were given to understand, that there were certain obstacles that prevented our holding places under your majesty's government. We were also told that the laws of England were to take place in the province, which, though we presume them to be wisely suited to the regulation of the mother-country for which they were made, could not be blended and applied to our customs without totally overturning our fortunes and destroying our possessions. Such have been ever since the era of that change in the government, and such are still at this time, our just causes of uneasiness and apprehension; which however we acknowledge to be rendered less alarming to us by the mildness with which your majesty's government has been administered.

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Vouchsafe, most illustrious and generous sovereign, to dissipate these fears and this uneasiness, by restoring to us our ancient laws, privileges, and customs, and to extend our province to its former boundaries. Vouchsafe to bestow your favours equally upon all your subjects in the province, without any distinction! Preserve the glorious title of sovereign of a free people: a title which surely would suffer some Jiminution, if more than an hundred thousand new subjects of your majesty in this province, who had submitted to your government, were to be excluded from your service, and deprived of the inestimable advantages which are enjoyed by your majesty's antient subjects. May heaven, propitious to our wishes and our prayers, bestow upon your majesty a long and happy reign! May the august family of Hanover, to which we have taken the most solemn oaths of fidelity, continue to reign over us to the end

* of time!

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We conclude by intreating your majesty to grant us, in common with your other subjects, the rights and privileges of citizens of England. Then our fears will be removed, and we shall pass our lives in tranquillity and happiness, and shall be always ready to sacrifice them for the glory of our prince and the good of our country.

We are, with the most profound submission,

Your majesty's most obedient, most loyal, and most faithful
'subjects,

Fr. Simonnet, &c. &c.'

SESSIONAL PAPER No. 18

A MEMORIAL OF THE FOREGOING FRENCH PETITIONERS IN SUPPORT OF THEIR PETITION.

Mémoire pour appuyer les demandes des très soûmis et très fidéles nouveaux sujets 'de sa majesté en Canada.

'L'Augmentation d'un si vaste païs, tel qu'il étoit lors du gouvernement François 'dont le nombre des habitants excéde actuellement plus de cent milles âmes, dont les 'dix-neuf vingtiémes sont nouveaux sujets ;- - l'avancement de son agriculture ;— — l'encouragement de sa navigation et de son commerce ;-- un arrangement à faire 'sur des fondements inébrantables, qui puisse déraciner la confusion qui y regne, faute 'de loix fixes et autorisées ;--- sont des points présentement en considération qui sont dignes de la sagesse du gouvernement.

La conservation de nos anciennes loix, coûtumes, et priviléges, dans leur entier, '(et qui ne peuvent être changées ni altérées sans détruire et renverser entiérement nos 'titres et nos fortunes,) est une grace et un acte de justice que nous espérons de la 'bonté de sa majesté.

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'Nous demandons avec ardeur la participation aux emplois civils et militaires L'idée d'une exclusion nous effraye. Nous avons prêté à sa majesté et à l'auguste 'famille d'Hanovre le serment de fidélité le plus solemnel: et depuis la conquête nous ' nous sommes comportés en fidéles sujets. Enfin nôtre zèle et notre attachement nous 'feront toûjours sacrifier nos jours pour la gloire de nôtre souverain et la sûreté de l'état. La colonie, telle qu'elle est fixée maintenant par la ligne de quarante cinq degrés, 'est trop resserrée dans ses limites. Cette ligne, qui la borne, passe à environ quinze 'lieues au dessus de Montréal et cependant c'est de ce seul côté que les terres se 'trouvent fertiles, et que peut s'étendre avec plus d'avantage l'agriculture. Nous supplions que, comme sous le tems du gouvernement François, on laisse à nôtre colonie 'touts les pais d'enhaut connus sous les noms de Missilimakinac, du Détroit, et autres adjacents jusques au fleuve du Mississippi. La ré-union de ces postes seroit d'autant 'plus nécessaire à nôtre païs que, n'y ayant point de justice établie, les voyageurs de 'mauvaise foi, auxquels nous fournissons des marchandises pour faire le commerce avec les sauvages, y restent impunément avec nos effêts; ce qui ruine entiérement cette 'colonie, et fait de ces postes une retraite de brigands capables de soulever les nations sauvages.3

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'Nous désirons aussi qu'il plût à sa majesté re-unir à cette colonie la côte de La'brador, (qui en a été aussi soustraite,) telle qu'elle y étoit autrefois. La pesche du loup marin (qui est le seule qui se fait sur cette côte,) ne s'exerce que dans le fond de l'hyver, et ne dure souvent pas plus d'une quinzaine de jours. La nature de cette 'pesche, qui n'est connue que des habitants de cette colonie ;-➖➖ son peu de durée ; et la rigueur de la saison, qui ne permet point aux navires de rester sur les côtes ;-- combinent à exclurre touts les pescheurs qui viennent de l'Angleterre. 'Nous représentons humblement que cette colonie, par les fléaux et calamités de la 'guerre et les requents incendies que nous avons essuiés, n'est pas encore en état de 'payer ses depenses, et, par conséquent, de former une chambre d'assemblée. Nous pensons qu'un conseil plus nombreux qu'il n'a étè jusques ici, composé d'anciens et nouveaux sujets, seroit beaucoup plus à propos.

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1 See note 2, p. 339.

? For the considerations which prevailed in fixing the boundaries of the Province of Quebec in 1764, see the Papers relating to the Establishment of Civil Government; p. 105 & pp.110-111.

3 Both the French and British elements in Quebec favoured an extension of the boundaries of the Province as a means of placing in their hands a monopoly of the trade with the western Indians. The problem of the regulation of the Indian trade was the occasion of a great many despatches and reports with the most varied proposals. One of the most comprehensive presentations of the situation, as it affected all the northern colonies interested in the western trade and settlement, was furnished in a communication from Lord Shelburne to the Lords of Trade, dated Oct. 5th, 1767, including the views of Sir Jef. Amherst and Gen. Gage, together with all other papers available which might throw light on the subject. See Calendar of the Home Office Papers, 1766-69, No. 568.

6-7 EDWARD VII.. A. 1907

'Nous avons lieu d'esperer des soins paternels de sa majesté, que les pouvoirs de ce conseil seront par elle limitées, et qu'ils s'approcheront le plus qu'il sera possible, à la douceur et à la modération qui font la base du gouvernement Britannique.

Nous espérons d'autant mieux cette grace que nous possédons plus de dix dou ziémes des seigneuries et prèsque toutes les terres en rotures.

'Fr. Simonnet, &c., &c."1

Translation of the foregoing Memorial in Support of the Requests made by his Majesty's most obedient and most faithful new Subjects in Canada, in their Petition abovementioned.

The improvement of so vast a country as Canada is, if considered as having the "same boundaries as it had in the time of the French government; a country in which 'there are at present more than an hundred thousand inhabitants, of whom more than nine'teen in twenty are new subjects of the king;---- the increase of agriculture in this 'country; the encouragement of its trade and navigation;--- a settlement of 'the laws by which its inhabitants are to be governed, built upon solid and immove'able foundations, so as to remove and cut up by the roots the confusion which at present 'overspreads the province in consequence of the want of clear and known laws established by an incontestable authority;--- are points which are now proposed to the consider'ation of the British government, and are worthy objects of its attention and wisdom.

'The continuance of our ancient laws, customs, and privileges, in their whole extent, '(because it is impossible to change or alter them without destroying and totally over'throwing our titles to our estates and our fortunes;) is a favour, and even an act of 'justice, which we hope for from the goodness of his majesty.

We ardently desire to be admitted to a share of the civil and military employments 'under his majesty's government. The thought of being excluded from them is fright'ful to us. We have taken the most solemn oath of fidelity to his majesty and the august family of Hanover: and ever since the conquest of the country, we have behaved 'like loyal subjects. And our zeal and attachment to our gracious sovereign will make 'us always ready to sacrifice our lives for his glory and the defence of the state.

'The province, as it is now bounded by a line passing through the forty-fifth degree 'of north latitude, is confined within too narrow limits. This line is only fifteen leagues 'distant from Montreal. And yet it is only on this side that the lands of the province 'are fertile, and that agriculture can be cultivated to much advantage. We desire 'therefore that, as under the French government our colony was permitted to extend 'over all the upper countries known under the names of Michilimakinac, Detroit, and other adjacent places, as far as the river Mississippi, so it may now be enlarged to the 'same extent. And this re-annexation of these inland posts to this province is the more 'necessary on account of the fur-trade which the people of this province carry on to 'them because, in the present state of things, as there are no courts of justice whose 'jurisdiction extends to those distant places, those of the factors we send to them with 'our goods to trade with the Indians for their furs who happen to prove dishonest con'tinue in them out of the reach of their creditors, and live upon the profits of the goods 'entrusted to their care: which intirely ruins this colony, and turns these posts into 'harbours for rogues and vagabonds, whose wicked and violent conduct is often likely 'to give rise to wars with the Indians.

We desire also that his majesty would be graciously pleased to re-annex to this 'province the coast of Labrador, which formerly belonged to it, and has been taken 'from it since the peace. The fishery for seals, which is the only fishery carried on upon this coast, is carried on only in the middle of winter, and sometimes does not last above a fortnight. The nature of this fishery, which none of his majesty's subjects 'but the inhabitants of this province understand; the short time of its continuance; and

1 There follows the same list of names as that appended to the petition which precedes.

SESSIONAL PAPER No. 18

'the extreme severity of the weather, which makes it impossible for ships to continue 'at that time upon the coasts; are circumstances which all conspire to exclude any 'fishermen from Old England from having any share in the conduct of it.

'We further most humbly represent that, by means of the ravages and calamities *of the late war, and the frequent fires that have happened in our towns, this colony is 'not as yet in a condition to defray the expences of its own civil government, and con'sequently not in a condition to admit of a general assembly. We are therefore of 'opinion that a council that should consist of a greater number of members than that 'which has hitherto subsisted in the province, and that should be composed partly of his 'majesty's old subjects, and partly of his new ones, would be a much fitter instrument ' of government for the province in its present state.

'We have reason to hope, from the paternal care which his majesty has hitherto 'shewn for our welfare, that the powers of this council will be restrained by his majesty 'within proper bounds, and that they will be made to approach as near as possible to 'the mildness and moderation which form the basis of the British government.

'We hope the rather that his majesty will indulge us in the above requests, because 'we possess more than ten out of twelve of all the seigniories in the province, and almost 'all the lands of the other tenure, or which are holden by rent-service.

'Fr. Simonnet, &c. &c.'

CASE OF THE BRITISH MERCHANTS TRADING TO QUEBEC.1

The proclama

1763.

The Case of the British Merchants trading to Quebeck, and others of his Majesty's natural-born Subjects, who have been induced to venture their Property in the said Province on the Faith of his Majesty's Proclamation, and other Promises solemnly given.

The king's most excellent majesty was graciously pleased, by his royal tion of October proclamation of the seventh of October, one thousand seven hundred and sixty-three, passed under the great seal of Great-Britain to invite his loving subjects, as well of his kingdoms of Great-Britain and Ireland, as of his colonies in America, to resort to the said province of Quebeck, and the other provinces then lately ceded to his majesty by the French king, in order to avail themselves, with all convenient speed, of the great benefits and advantages that must accrue therefrom to their commerce, manufactures, and navigation; and as an encouragement to them so to do, to publish and declare, that his said majesty had, in the letters patent under the great seal of Great-Britain, by which the new goverments in the said ceded countries had been constituted, given express power and directions to his governours in the said new colonies, that so soon as the state and circumstances of the said new colonies would admit thereof, they should summon and call general assemblies within the said governments, in such manner and form as is used and directed in those colonies and provinces in America which were under his majesty's immediate government; and that his majesty had also given powers to the said governours, with the consent of his majesty's councils of the said province, and the representatives of the people in the same, so to be summoned as aforesaid, to make,

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According to Maseres, this presentation of the case of the British merchants in London, drawn up at the desire of the said merchants, in the month of May last, at the time of passing the late Quebeck bill, and of which printed copies were distributed to several members of both houses of parliament, in order to give weight to a petition against that bill which these merchants at that time presented to the House of Commons in behalf of themselves and their correspondents and friends, the British inhabitants of the province of Quebeck. "An Account of the Proceedings &c., p.201. The petition here referred to was presented in the House of Commons by Mr. Mackworth on May 31st. See Cavendish's Debates on the Quebec Bill, pp.74-75. The Case" as here given is taken from Maseres' "An Account of the Proceedings" &c., p.202. Another copy, evidently from the same source, is given in the Dartmouth papers, M 385, p.393. There is no doubt, from the style of the document, that Maseres was employed by the merchants to state their case in due form.

2 See p.119.

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