6-7 EDWARD VII., A. 1907 This liberal Conduct on the part of His Majesty, He trusts will not leave a doubt upon the Minds of His Indian Allies that He shall at all times be ready to attend to their future Welfare, and that He shall be anxious upon every occasion, wherein their Interests and Happiness may be concerned, to give them such further Testimonies of His Royal favor and countenance, as can, consistently with a due regard to the National Faith, and the honor and dignity of His Crown, be afforded to them. His Majesty recommends to His Indian Allies to continue United in their Councils, and that their Measures may be conducted with temper and moderation from which added to a peaceable demeanor on their part, they must experience many essential Benefits and be most likely to secure to themselves the possession of those Rights and Privileges which their Ancestors have heretofore enjoyed. I am &ca SYDNEY SYDNEY TO HOPE.1 WHITEHALL 6th April 1786 Lieutenant Gov' Hope After the communication which I made to you in my Letter of this date of His Majesty's gracious approbation of your Proceedings in the Execution of the Duties of your Station, as well as of the favorable Opinion which His Majesty is pleased to entertain of your Ability, It cannot be supposed for a moment that any arrangement which may have occasioned a Change in your Situation can proceed from an idea of a deficiency on your part of those necessary Qualifications which ought to be possessed by a Person holding the distinguished Station in which you have been placed, or from any other Cause that can affect Your Character. For some time previous to your Appointment to the Office of Lieutenant Governor of Quebec, His Majesty had it in contemplation to appoint a Governor General over his remaining American Dominions, not only with the view of uniting their general Strength and Interests, but for the more ready determination of Subjects upon which instant decision might be requisite. His Majesty upon this Idea has been pleased to fix upon S Guy Carleton, an Officer of High Rank and Character in His Military Profession, and peculiarly adapted by long experience for the regulation of Legislative, as well as Commercial and Political Concerns, to fill this very important Office. To complete the New Arrangement and invest S' G. Carleton with the Authority which His Station necessarily requires, it has been found expedient to reduce the Powers which have hitherto been exercised by the Governors of Quebec, Nova Scotia and New Brunswick, as well as the designation of their Offices, by stiling them Lieutenant Governors, permitting the two latter nevertheless to enjoy the Emoluments heretofore annexed to their late Situation, and placing the Lieutenant Governor of Quebec upon a Similar footing. It would be very desireable to His Majesty if in this Arrangement you could be accomodated agreeably to your Wishes, but under certain peculiar Circumstances His Majesty has thought it right that the Choice of the Lieu out. Canadian Archives, Q 26-1, p. 82. 2 The following, from the London Gazette of April 15th, 1786, show how this intention was carried "The King has been pleased to appoint Sir Guy Carleton, Knight of the Most Hon. Order of the Bath, to be Captain General and Governor in Chief in and over the province of Quebec, in America, in the room of Sir Frederic Haldimand, K.B. The King has also been pleased to appoint the said Sir Guy Carleton to be Captain General and Governor in Chief in and over the province of Nova Scotia, including the islands of St. John and Cape Breton, in America, in the room of John Parr, Esq; and of the province of New Brunswick, in America, in the room of Thomas Carleton, Esq. "The King has also been pleased to appoint the said Sir Guy Carleton to be General and Commander in Chief of his Majesty's forces in the abovementioned provinces and islands, and within the island of Newfoundland." SESSIONAL PAPER No. 18 tenant Governments of New Brunswick & Quebec should be left to Col Carleton.' If he should prefer his present Situation which from the good opinion and Confidence he has acquired of the Inhabitants of the Province, and the wisdom of his Measures for the increase of its Prosperity, it is hoped he will do, His Majesty most readily concurs in your Continuance at Quebec. But in Case Col. Carleton should be desirous of a change of Situation His Majesty has been graciously pleased to authorise me to offer to you the Lieutenant Government of New Brunswick.2 I shall defer all further proceedings upon the Matter, so far as you are concerned, until I receive a Communication from you of your Sentiments upon it. In the mean time I wish you to believe that I am with great Truth and Regard. I am &c SYDNEY MEMORANDA FOR INSTRUCTIONS.3 A What Policy should the Governor Gen' observe, with the United States ? B What with the Indians? C What Policy should He observe with Vermont how far may He permit or connive at an internal trade, or intercourse with the people of that Country, or of the other States, till circumstances are ripe for an arrangement? Instructions, suited to the line of conduct adopted, should be sent to the Officers of the Customs DA plan of secret intelligence should be formed, so that nothing hostile to the Kings American Dominions may be resolved on, nor even proposed, but what shall be quickly conveyed, & reported to the Governor Gen Some general Ideas on these heads may be given, that the Kings Government in America may not deviate too far, from what shall be judged most advisable at home. Tis presumed orders will be sent to all the Lieu Governors to correspond with the Gov Gen', & to send him every necessary information. Tis recommended that the Lieu' Governors take the lead, on all occasions where the interests of the people are concerned; that the Kings Government may assume its rights, and stand forth the Protectors of the People, of their Interests, and of their Liberties. Tis recommended that an intelligent member from each Council, & One from each Assembly be sent to meet the Gov Gen' in May next, & report to him the State & present condition of their respective Provinces ; & to consult how most effectually to carry into execution The Kings benevolent intentions; to arrange & prepare all such measures as they shall judge most likely to promote the security, happiness & prosperity 1 Col. Thomas Carleton was a brother of Sir Guy Carleton, and was at this time Lt. Governor of New Brunswick. 2 This appointment he promptly declined, virtually saying that he would take Quebec or nothing. See Hope to Sydney, June 27th, 1786, Q 26-2, p. 490. He was permitted to remain at Quebec as Lt. Governor and President of the Council, while Col. Carleton was promoted to be Brigadier General and Commander of the Forces, under his brother Lord Dorchester. 3 Canadian Archives, Q 26-1, p. 57. These memoranda were intended at once to solicit instructions from the Home Government and to guide its policy with reference to the mutual relations of the various provinces of British North America. A previous memorandum, of Feb. 20th, 1786, marked "private", though dealing mainly with military matters yet relates to some of the points here dealt with and shows a remarkable change of mind on Carleton's part with reference to the possible future of the remaining colonies. After pointing out the wisdom of cultivating friendly relations with the continent as a whole, he turns to the remaining colonies and says that, in view of their situation; "Good policy therefore requires we should leave as little for them to gain by a separation as possible. All the advantages offered to Congress for a reconciliation should be reconsidered, and such of them as may now be judged adviseable to grant, and are wished for by the Provinces which remain in their allegiance, cannot be granted too soon. That these benefits may have their proper effect, they should be conferred unasked, as soon as may be and as flowing spontaneously from the benevolence of Government, it would be unwise to withhold from dutiful obedience, what might have been obtained by tumults and rebellion, or by delay, to let leaders of Sedition usurp from Government the gratitude and confidence of the people. All Burdens on Land which may serve to excite animosities against the Crown should be taken off, but the regulations which promote the culture of soil, or check the evils of large Grants should remain. A power to protect the people from all vexations, more particularly from those which proceed from men in office, should be lodged on that continent, that a sullen discontent may not have time to spread." See Q 56-3, p. 609. Given also in Q 26—1, p. 53. 6-7 EDWARD VII., A. 1907 of the Kings American Subjects, in order that the result of their Joint deliberations may be submitted to the wisdom of His Majesty's Councils. July 28th 1786 Endorsed: North America DORCHESTER C.O. (Instructions Quebec 1786-1791). To serve as memorandums INSTRUCTIONS TO LORD DORCHESTER, 1786.1 GEORGE R. Instructions 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 Quebec in America, and of all Our Territories dependent thereupon-Given at Our Court at St. James's the 234 Day of August 1786. In the Twenty Sixth year of Our Reign. First.... 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 Province of Quebec in America, and all Our Territories thereunto belonging bounded and described as in Our said Commission is set forth; In execution therefore of the Trust We have reposed in you, you are to take upon you, the Administration of the Government, and to do and execute all Things belonging to your Command according to the several Powers and Authorities of Our said Commission, and these Our Instructions to you, or according to such further Powers & Instructions, as you shall at any time hereafter receive under Our Signet & Sign Manual, or by Our Order in Our Privy Council, and you are to call together at Quebec the following Persons whom We do hereby constitute and appoint to be Our Council for the Affairs of Our said Province and the Territories thereunto belonging Viz' Henry Hope Esq' Lieutenant Gov of Our said Province of Quebec, or the Lieutenant Governor of Our said Province for the time being: William Smith Esq' Our Chief Justice of Our said Province of Quebec or the Chief Justice of Our said Province for the Time being, Hugh Finlay, Thomas Dunn, Francis Les Vesques, Edward Harrison, John Collins, Adam Mabane, Chausse gros de Lery, George Pownall Secretary of Our said Province of Quebec, or the Secretary of Our said Province for the Time being, Picotté de Bellestres, John Fraser, Henry Caldwell, William Grant, Rocque S Ours Jun' Francis Baby De Longueuil, Samuel Holland and George Davison Esquires, Sir John Johnson Bar', Charles de Lanaudiere de Boucherville & Compte du Pré Esquires, every one of which respectively shall enjoy his Office of Councillor aforesaid during Our Will and Pleasure and his residence within Our said Province of Quebec and not otherwise. 2a.... It is Our further Will and Pleasure that any five of the said Council shall constitute a Board of Council for transacting all Business in which their Advice and Consent may be requisite, Acts of Legislature only expected, (in which Case you are not to act without a Majority of a whole) you are however not to select or appoint any such Members of Our said Council by Name to the Number of five as you may think fit to transact such Business, or term any select Number of such Members by the Name of a Privy Council, but you are on every Occasion where the Attendance of the Members is necessary or required, to summon all such who may be within a convenient Distance; And It is Our further Will and Pleasure that the Members of Our said Council shall have and enjoy all the Powers, Privileges and Emoluments enjoyed by the Mem 1 Canadian Archives, M 230, p. 231. Just before leaving for America Sir Guy Carleton was raised to the Peerage as Baron Dorchester. He arrived in Quebec on Oct. 23rd, 1786. On comparing these Instructions with those given to Carleton in 1775 and Haldimand in 1778, it will be observed that the changes are not very numerous, beyond embodying the additional instructions issued in the interval, as in articles 2, 16, 37, and 40 to 43; or readjusting the wording to harmonize with certain ordinances passed in the meantime, as in articles 12 and 14. SESSIONAL PAPER No. 18 bers of Our Councils in Our other Plantations, and also such others as are contained and directed in Our said Commission under Our Great Seal of Great Britain and in these Our Instructions to you, and that they shall meet together at such time and times, place and places as you' in your Discretion shall think necessary, except when they meet for the purpose of Legislation, in which case they are to be assembled at the Town of Quebec only. 3.... And you are with all due & usual Solemnity to cause Our said Commission to be read and published at the said Meeting of Our Council, which being done, you shall then take and also administer to each of the Members of Our said Council (not being a Canadian professing the Religion of the Church of Rome) the Oaths mentioned in An Act passed in the first year of the Reign of His Majesty King George the First, Intituled "An Act for the further Security of His Majesty's Person & "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 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 'and Copies therein mentioned to Persons indicted of High Treason or Misprision of "Treason," as also 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 Dangers which may happen from Popish Recusants,” And you and every one 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 King William the Third to be taken by Governors of Plantations to do their utmost that the Laws relating to the Plantations be observed. 4th.... And whereas by an Act 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 It is enacted and provided that no person professing the Religion of the Church of Rome, and residing in the said Province shall be obliged to take the Oath of Supremacy required by an Act passed in the first year of Queen Elizabeth, or any other Oaths substituted by any other Act in the place thereof, but that every such person, who by the said Statute is required to take the Oaths therein mentioned, shall be obliged and is thereby required under certain Penalties to take and subscribe an Oath in the form and Words therein prescribed and set down; It is therefore Our Will and Pleasure that you do administer to each and every Member of Our said Council, being a Canadian & professing the Religion of the Church of Rome, and cause each of them severally to take and subscribe the Oath mentioned in the said Act 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,` and also cause them severally to take an Oath for the due Execution of their Places and Trusts and for their equal and impartial Administration of Justice. 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 Council, you are from time to time to transmit to Us by one of Our principal Secretaries of State the Names and Characters of such persons, Inhabitants of Our said Province, whom you shall esteem best qualified for that Trust, and you are also to transmit a Duplicate of the said Account to the Lords of the Committee of Our Privy Council for Trade and Plantations for their Information. 6.... And if it shall at any time happen that by the Death or Departure out of Our said Province of any of Our said Councillors there shall be a Vacancy in Our said Council, Our Will and Pleasure is that you signify the same to Us by one of Our principal Secretaries of State and to the Lords of the Committee of Our Privy Council for Trade and Plantations by the first Opportnnity, that We may, by Warrant under 6-7 EDWARD VII., A. 1907 Our Signet and Sign Manual and with the Advice of Our Privy Council, constitute and appoint others in their stead. 7.... You are at your first calling together Our Council to communicate to them such and so many of these Our Instructions wherein their Advice and Consent are mentioned to be requisite, or which contain any Directions as to the framing of Ordinances for the Peace, Welfare and good Government of Our said Province, as likewise all such others from time to time as you shall find convenient for Our service to be imparted to them. 8.... You are to permit the Members of Our said Council to have and enjoy freedom of Debate and Vote in All Affairs of publick Concern that may be debated in Council. 9. ... And whereas by the aforesaid Act 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" It is further enacted and provided that the Council for the Affairs of the said Province to be constituted and appointed in manner therein directed, or the Major part thereof shall have power and Authority to make Ordinances for the peace, Welfare and good Government of the said Province with the Consent of Our Governor or in his Absence the Lieutenant Governor or Commander in Chief for the time being, Provided that no Ordinance shall be passed, unless upon some urgent Occasion at any Meeting of the Council, except between the first Day of January and the first Day of May, You are to take especial Care that the Directions of the said Act be duly observed and that no Ordinance be passed at any Meeting of the Council where less than a Majority is present, or at any time except between the first Day of January and the first Day of May as aforesaid, unless upon some urgent Occasion in which case every Member thereof resident at Quebec or within fifty Miles shall be personally summoned to attend the same. 10.... That no Ordinance be passed for laying any Taxes or Duties, such Rates and Taxes only excepted as the Inhabitants of any Town or District may be authorized to Assess, levy and apply within the said Town or District for the making of Roads, erecting & repairing of publick Buildings, or for any other purpose respecting the local Convenience and Economy of such Town or District. That no Ordinance touching Religion or by which any Punishment may be inflicted greater than Fine or Imprisonment for three Months, be made to take Effect, until the same shall have received Our Approbation. That in all Ordinances imposing Fines, Forfeitures or Penalties, express Mention be made that the same is granted or reserved to Us, Our Heirs and Successors for the publick Uses of the said Province, and the Support of the Government thereof, as by the said Ordinance shall be directed, and that a clause be inserted declaring that the Money arising by the Operation of the said Ordinance shall be accounted for unto Us in this Kingdom, and to Our Commissioners of Our Treasury for the time being, and audited by Our Auditor General of Our Plantations or his Deputy. That no Ordinance be passed relative to the Trade Commerce, or Fisheries of the said Province, by which the Inhabitants thereof shall be put upon a more advantageous footing than any other of Our Subjects, either of this Kingdom or of the Plantations, who have retained their Allegiance. That no Ordinance respecting private property be passed without a Clause suspending its Execution until Our Royal Will and Pleasure is known, nor without a Saving of the right of Us, Our Heirs & Successors and of all Bodies Politick and Corporate, and of all other persons, except such as are mentioned in the said Ordinance and those claiming by, from, and under them, And before such Ordinance is passed Proof must be made before you in Council and entered in the Council Books, that publick Notification was made of the Parties' Intention to apply for such Ordinance in the several Parish Churches, where the Lands in question lye for three Sundays at least successively before any such Ordinances shall be proposed, And you are to transmit and annex to the said Ordinance a Certificate under your Hand that the same passed through all the forms abovementioned. That, except in Cases of imminent Necessity or immediate temporary Expediency, you shall not enact any Ordinance for less time than two years, and you shall not |