SESSIONAL PAPER No. 18

by Law before you or our Commander in Chief for the time being, or some Person by you or him Authorized for that purpose, and shall also at the same time make and subscribe the following declaration, Viz "I A-B. do promise and declare that I will main"tain and defend to the utmost of my power the Authority of the King in his Parlia "ment as the supreme Legislature of this Province." which Oaths and declaration shall also be taken made and subscribed by every future Tenant before his, her, or their Admission, upon Alienation, descent, Marriage or any other wise howsoever, and upon refusal, the Lands to become revested in Us our Heirs and Successors. And it is our further Will and pleasure, that the expence of laying out and surveying as well the Seigneuries or Fiefs aforesaid as the several Allotments within the same, and of the Deed of Admission shall be paid by the Receiver General of Our Revenue in the said Province of Quebec out of such Monies as shall be in his hands, upon a Certificate from you or Our Commander in Chief for the time being in Council, Oath being made by our Surveyor General to the Account of such Expence; Provided however that only one half of the Usual and accustomed Fees of Office shall be allowed to our said Surveyor General or any other of Our Officers in the said Province entitled thereunto upon any Survey or Allotment made, or upon Admission into any Lands by virtue of this our Instruction

And whereas We have some time since purchased the Seigneurie of Sorel from the then Proprietors,' the Lands of which are particularly well adapted for Improvement and Cultivation, and the local situation of the said Seigneurie makes it expedient that the same should be settled by as considerable a number of Inhabitants of approved Loyalty as can be accommodated therein with all possible dispatch.

It is therefore our Will and pleasure that you do cause all such Lands within the same as are undisposed of, to be run out into small allotments, and that you do alot the same to such of the Non Commissioned Officers and private Men of our Forces, which may be reduced in Our said Province, or such other of Our Loyal Subjects as may be inclined to settle and improve the same, in such proportions as you may Judge the most conducive to their Interest and the more speedy settlement of our said Seigneurie The Lands so alloted to be held of Us our Heirs and Successors, Seigneurs of Sorel upon the same conditions and under the same reserved rent at the expiration of ten years, as the other Tenants of the Seigneurie now hold their Lands and pay to Us, and also of taking the Oaths and making and subscribing the declaration as herein before is mentioned and directed. The Expence of making the said allotments and Admission thereunto to be also paid and defrayed in like manner as those in the Seigneuries directed to be laid out by this our Instruction.

And it is Our Will and pleasure that a Record be kept in the Office of the Receiver General of our Revenue of every admission into Lands as well as by virtue of this our Instruction, as in cases of future Admission by Alienation or otherwise, a Docquet of which shall be transmitted yearly to Us thro' one of our principal Secretary's of State, and also a Duplicate thereof of to Our High Treasurer or the Commissioners of our Treasury for the time being.

[LS.]

C. O.

(Quebec 1768-1787, Vol. 1.)

George R.

G. R.

Additional Instruction To Our Trusty and Welbeloved Frederick Haldimand, Captain General & Governor in Chief of Our Province of Quebec in America. Given at Our Court at St James's the Twenty Sixth Day of May 1785 In the 25th year of Our Reign"

Whereas in pursuance of the Powers vested in Us by an Act of Parliament passed during the present Session Intituled "An Act for continuing for a limited Time, an 1 After considerable negotiation, the Seigniory of Sorel, which commanded the highway between Canada and the southern colonies recently acknowledged as independent, was purchased by Governor Haldimand for the Crown, in 1780, at a cost of £3,000 Stg. See Haldimand Papers, B 55, p. 4.

2 radian Archives. M 230 p 226

46

6-7 EDWARD VII., A. 1907 "Act made in the Twenty third Year of the reign of His present Majesty, 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 cer"tain Powers for the better carrying on Trade and Commerce between the Subjects of "His Majesty's Dominions and the Inhabitants of the said United States, and for continuing for a limited Time, an Act made in the 24th year of the reign of His present Majesty, Intituled an Act to extend the Powers of an Act made in the Twenty third year of His present Majesty, for giving His Majesty certain Powers for the better carrying on Trade & Commerce between the Subjects of His Majesty's Dominions and "the Inhabitants of the United States of America, to the Trade and Commerce of this "Kingdom with the British Colonies and Plantations in America with respect to cer"tain Articles therein mentioned" We did by and with the Advice of Our Privy Council, by our order in Council, dated the 8th of last Month, Order and direct, that no Goods, the Growth or Manufacture of the Countries belonging to the United States of America should be imported into Our Province of Quebec by Sea; It is Our Will and Pleasure that You do in all Things conform yourself to Our said Order in Council.And Whereas It is necessary to regulate the Intercourse by Land and by Inland Navigation between Our said Province, and the Countries adjoining thereunto, belonging to the United States of America, It is Our Will and Pleasure that You do propose to the Legislative Council of Our said Province, the passing an Ordinance for preventing the carrying of any Peltry out of the said Province into the said Countries, and You are hereby particularly directed and enjoyned to cause the several Laws made for preventing the bringing of any Foreign Rum or Spirits, or, Except from Great Britain, any Goods or Manufacture of any Foreign European Countries, or of Asia, into Our Plantations and Colonies, to be duly and effectually enforced in Our Province of Quebec →

G. R.

Additional Instruction To Our Trusty and Welbeloved Frederick Haldimand Esq' Our Captain General and Governor in Chief of Our Province of Quebec in America, or to the Commander in Chief of the said Province for the Time being. Given at Our Court at St James's the Twenty fifth Day of July 1785. In the Twenty fifth year of Our Reign.

Whereas it will be for the General Benefit of Our Subjects carrying on the Fishery in the Bay of Chaleure in Our Province of Quebec, that such part of the Beach and Shore of the said Bay, as is ungranted, should be reserved to Us, 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 passed for any part of the ungranted Beach or Shore of the said Bay of Chaleure, except such parts thereof as by Our Orders in Council dated the 29th of June and 21" July 1785, are directed to be granted to John Shoolbred of London Merchant and 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 sufficient quantity of Wood-Land adjoining thereto necessary for the purpose of carrying on the Fishery; The Limits of such Wood-Land so to be reserved, to be determined upon and ascertained by You and Our Council for Our said Province of Quebec,

1 This is 25 Geo. III. cap. 5. See "Statutes at Large" Vol. 35, p. 7.

2 The first measure towards regulating commercial relations with the adjoining States, which was passed by the Legislative Council of Quebec, was the Ordinance of 1787, 27 Geo. III., cap. 8. "For the importation of tobacco, pot and pearl ashes, into this province, by the inland communication by Lake Champlain and Sorel." This was followed the succeeding year by the ordinance 28 Geo. III., cap. 1, "Further to regulate the inland Commerce of this Province, and to extend the same." In the latter the prohibition of the export of peltry is introduced, as also the prohibition of the import of rum, spirits, and British manufactured goods &c., in accordance with this Instruction, which simply supported the general Trade Instructions given to all colonial governors. See p. 45

3 Canadian Archives, M. 230, p. 228.

SESSIONAL PAPER No. 18

in such manner, as from the most Authentick 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-Lands 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 Shallops 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 and Shore and Wood-Lands 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 Council, do frame such Regulations as to you shall appear necessary to Answer those Salutary purposes, and transmit the same to Us thro' One of Our principal Secretaries of State for Our pleasure therein by the first Opportunity.'

G. R.

HALDIMAND TO NORTH."

Private

QUEBEC October 24th 1783

Col. Cor. Can- My Lord ada (Quebec)

Vol. 22 p. 101.

States. Vermont State.

In Addition to the Public Letters which I have had the Honor to write relative to the State of this Province, I have to acquaint you in a private Letter, of Some things which concerns the States adjoining to it. I have relating to the nothing new to Communicate with Regard to our Indian Allies. Since the neighbouring Provisional Treaty has been Made public, several Persons of influence in the State of Vermont have been here at different times, they all agree in describing these People as very Averse to Congress and its Measures, they now insist that in Case Congress should admit their Claim to be the 14th State, upon an exemption from any part of the debts contracted previous to their Admission, as having never been represented in Congress, they could not be bound by it's Acts; They Seem to have an entire Confidence that in Case Congress Should think of reducing them by Force, the Neightheir Quarrel bouring States of New England could never be prevailed upon to assist in the attempt, for which reason they make no Scruple of Setting the State of New York & its Claims of Jurisdiction over them at defiance. They give great encouragement to the Royalists from the Neighbouring Provinces to Settle amongst them and have already taken possession of the Lands on the South Side of Lake Champlain to the Boundary Line at the Degree 45. They made no Scruple of telling me that Vermont must either be annexed to Canada, or become Mistress of it, as it is the only channel by Which the Produce of their Country can be Conveyed to a Market, but they assured Me that they rather Wished the former. They are really a

with the State of N. York

1 The first Ordinance passed relating to these fisheries was that of 28 Geo. III., cap. 6, “For regulating the Fisheries in the River St. Lawrence, in the Bays of Gaspé and Chaleurs, on the Island of Bonaventure, and the opposite shore of Percé." Ordinances Made and passed by the Governor and Legislative Council of the Province of Quebec, 1795. p. 153.

2 Canadian Archives, Haldimand Papers, B 56, p. 149. The first portion of this despatch relates to the extensive negotiations, both before and after the Treaty of 1783, between Haldimand and a section of the people of Vermont, chiefly through the agency of Ethan Allen and a few others. Lord North, to whom this despatch is addressed, held office as one of the Secretaries of State from April 2nd, to Dec. 23rd, 1783. 18-3-32

The State of N: York settling along

Lake Champlain

bad consequences that will follow

6-7 EDWARD VII., A. 1907 hardy enterprising People, and tho it was in my Power with the greatest ease during the War to destroy Such of them as Should Settle on Lake Champlain, it was with great difficulty that I could deter them from at tempting it, and not till after by experience they found that I was determined to effectuate by force what I could not gain by Admonition.-Tio I have heard them with Patience, I have assured them that I could not interfere in these Matters as I had the Most positive Orders from the King to do every thing in my power to Conciliate the Affections of the Subjects of the united States to those of Great Britain. The State of New York is Making Settlements in the Same Manner on the opposite Side of the Lake. -The Conduct of these People is not Justified by the Rules of War, for until the Definitive Treaty is made, the Provincial One' is no more than preliminaries to a Peace, but Circumstanced as I am, and Willing to Shun every thing which could be construed as an inclination to infringe the Cessation of Hostilities I have thought it best not to oppose them, tho' I foresee great and Mischievous Consequences to this Province from the Settlement which the State of New York is making near the Boundary Lines. The Americans are Settling Captain Hazen, now a Brigad' General, with the few Canadians remaining of the Corps upon Lake Champlain, they give them Lands and a Sum of Money proportionate to their Rank and Services. As their Number is Small, the expence will be trifling, but Still these Canadians will be handsomely rewarded, and the Encouragement given to them will have considerable Influence upon the Minds of their Country Men upon Some future Occasion. It will be Totally impossible to prevent frequent Intercourse between them, and the Settlement being So Contiguous to the Boundary Line will afford a Safe and easy Azylum to the Seditious and dissaffected of this Country who are very numerous in the Parishes adjoining to Lake Champlain. This Province can only be preserved by bringing back the Canadians to a regular Subordination, and by rendering them useful as a well disciplined Militia-In order to effectuate this, the Authority of Government Must be Strengthned & not diminished. Be assured My Lord, that every Scheme calculated for the latter pur pose, & however disguised, has its Source from the Partizans and Emissaries of the American States. To me personally considered, it Must be a Matter of indifference What form of Government is adopted for this Province, but I would be deficient in that Duty which I owe to the King and the British Nation, if I did not acquaint Your Lordship for His Majesty's Information, that in Order to keep this Country dependent upon Great Britain, no Change Should be Made in the Act of Parliament which regulates it. The The Quebec Legislature here, has Power to alter Such parts of the French Law as may be found by Experience unadequate to the Circumstances of a Commercial Country and is possessed on the Other Hand with Authority to alter Such parts of the Criminal Law of England as are improper or inapplicable to the State of the Colony. These Alterations ought to be Made with prudence and discretion, and no doubt the Legislative Council will do it at a proper time. It is an easy Matter to repeal the Quebec Act, but it will be a difficult Task to Substitute another in its Place, The Saving by having a Honse of As. House of Assembly £12,000 p Annum, which may be the difficiency one sembly how Year with Another after the Revenues of the Province have been appro to be support-priated to Pay the Civil Establishment cannot be put in Competition with the Many bad Consequences which would attend the Measure.

also to the Canadians

The Canadians to beGoverned

by a well disciplined militia

Bill to be kept in force

ed &

I am the More explicit on this Subject with your Lordship, as being upon the Spot, I know the Views and Motives of the Persons who have been active in setting forth Petitions and creating Jealousies and divisions

1 The provisional articles of peace were signed at Paris, Nov. 30th, 1782. British and Foreign State Papers, vol. I, p. 773. The declaration relative to the suspension of hostilities was signed at Versailles Jan. 20th, 1783. Ibid. p. 777.

SESSIONAL PAPER No. 18

Interested views of the People wish

ing for a Change of

Government.

Col. Cor. Canada Quebec. Vol. 23 P. 13.

in the Province. Some wish a form of Government, which by resembling the Republicain one in the Neighbouring States, may prepare the People for an Union with them upon Some future Event; and Many wish to vent their resentment against those who have either prevented or brought to light their Abuse of the Public Money, but much of the future Welfare of the People of this Province or of its utility to Great Britain will depend upon the Arrangements which will be Made in Consequence of the Definitive Treaty, and of the Measures which the Governor will be instructed to pursue.

I have the Honor to be with the greatest Respect and Esteem

My Lord

Your Lordship has already been made acquainted with the general State of this Country, I am told that in the Petition which Some of His Majesty's Antient Subjects have prepared to be presented to Parliament, they lay great Stress upon the Number of Loyalists who are to Settle in the Province, as an Argument in favor of the Repeal of the Quebec Act and for Granting a House of Assembly, but I have great Reason to believe these unfortunate People have Suffered too Much by Committees and Houses of Assembly, to have retained any prepossession in favor of that Mode of Government, and that they have no Reluctance to Live under the Constitution established by Law for this Country. At the Meeting of the Legislative Council I intend to propose and recommend the Passing an Ordinance for the Introduction of the Habeas Corpus Act or Some other Mode for the personal Security, which will put the Liberty of the Subject in that Respect upon the Same footing as in England, and which will remove one of the ill grounded Objections to the Quebec Act, for tho' that Law had never been introduced into the Province, people were taught to believe that the Quebec Act had deprived the Inhabitants of the benefit of it.

I have the Honor to be with the greatest Respect and Esteem

My Lord

1 Canadian Archives, Haldimand Papers, B 56, p. 170. The first part of this despatch deals with the preparations for the settlement of the Loyalists.

2 On Feb. 7th, 1782, in the Legislative Council, "Mr. Allsopp moves for leave to bring in 3 Ordinances in conformity to the 12th & 13th Articles of his Majesty's Instructions." The first related to English Law and trial by jury in commercial matters; the second authorized and required the judges of all the Courts to issue writs of Habeas Corpus according to the rules and laws of England; the third provided for the suspension of the second ordinance for a year. See Q 20. p. 244. This motion, however, was defeated and immediately afterwards Allsopp was suspended from the Council on the grounds of his protest of 1780; See note 2, p. 488.

18-3-32