My Lord,

XXXVI

HALDIMAND TO NORTH1

[Trans. Shortt and Doughty.]

Quebec, 6th November, 1783.

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 Corpus2 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, Yours Lordship's Most Obedient, and Most Humble Servant, FRED HALDIMAND.

Sir,

XXXVII

FINLAY TO NEPEAN3

[Trans. Shortt and Doughty.]

Quebec, 22d October, 1784.

The Advocates for a House of Assembly in this Province take it for granted that the people in general wish to be represented; but that is only a guess, for I will venture to affirm that not a Canadian landholder in fifty ever once thought on the subject and were it to be proposed to him, he would readily declare his incapacity to Judge of the matter. Although the Canadian Peasants are far from being a stupid race, they are at present an ignorant people, from want of instruction-not a man in five hundred among them can read; perhaps it has been the Policy of the Clergy to keep them in the dark, as it is a favourite tenet with the Roman Catholic Priests, that ignorance is the mother of devotion. The Females in this Country have great advantage over the males in point of Education. The Sisters of the Congregation, or grey Sisters as they are called, are settled in the Country Parishes here and there to teach girls to read, write, sew, & knit Stockings: there's only a few of that Sisterhood-they are the most useful of any of the religious orders in Canada.

Before we think of a house of Assembly for this Country, let us lay a foundation for useful knowledge to fit the people to Judge of their Situation, and deliberate for the future well-being of the Province. The

1 The new conditions after the Revolutionary War already influence "the ancient subjects" in renewing their appeals for a House of Assembly. Lord North was one of the Secretaries of State from April to December, 1783.

2 See No. XXXVII and note, p. 171.

3 Hugh Finlay, Postmaster-General and a member of the Council. Sir Evan Nepean was first Permanent Under Secretary of State for the Home Department. He was appointed in 1782.

first step towards this desireable end, is to have a free school in every Parish-Let the schoolmasters be English if we would make Englishmen of the Canadians; let the Masters be Roman Catholics if it is necessary, for perhaps the people, at the instigation of the Priests, would not put their children under the tuition of a Protestant.

The natural born subjects say, that they settled in Canada under the Kings promise to call a house of Assembly as soon as the circumstances of the Province would permit. The time is now come, say they; they likewise state many priviledges that they hoped to enjoy on the faith of the Royal Proclamation, of which they were deprived by the Quebec Act.

It is not yet ascertain'd that the people wish for a house of Assembly! -Is it not the very essence of representation that the members of the house be chosen by the free and uncontrolled voices of the people in their districts? The Quebec Act gives full power and authority to His Majestys Legislative Council to make Laws and grant all manner of Priviledges to render His Majestys subjects in Canada free and happy; if they are not actually so, the Legislative Council alone is to blame, not the Quebec Act, for by it the Council may alter even the Criminal Law.

Before any Act passes giving the Canadians a house of Assembly, let us be sure that it will be agreeable to a majority of the landholdersLet the nature of free representation be set forth, let the duty of a representative be explained, and convey a proper idea of the powers a house will have to frame laws, and lay taxes: this necessary information ought to be drawn up in plain clear terms, and read to the people every sunday for three months by the curate of each Parish immediately after divine service, that the inhabitants or country people, may turn it in their thoughts, consult among themselves and advise with the most sensible in the Parish, be they French or English, to enable them to come to a determination concerning this matter.

Let those who assert that it is necessary for the wellbeing of the people that the habitans have a share in the Government, do their best endeavours to show them by solid arguments that it will be for their good-At the end of three months, or six if more time is requisite, let the Captains of Militia in presence of the Curate and four of the most notable in the Parish take the voices of the people for House, or no House? If a majority throughout the Province say House, grant their desire if they say no house-the British Parliament will not force that form of Government upon them: the ancient subjects, (a small proportion of the people) ought not unreasonably to insist on that which a majority of their fellow Citizens refuse after mature deliberation.

When the people, by means of education, become more enlightened, they will probably wish for an alteration of the present system-wheneever that desire appears let the alteration be made-in the mean time let it always be held up that a house will be called whenever a majority of the people apply for it.

I conceive, that whenever taxation is mentioned, the Peasant will reject the idea of a house, from his narrow way of thinking, and attachment to money. Were a house to be forced on them, and that house lay taxes to defray the expence of Government and a thousand useful purposes which the English Members (if any English there should be chosen) would be continually be projecting, they would deem themselves oppressed and probably wish to join the American confederacy, not possessing knowledge enough to foresee the evil consequences of that Junction. The Enemys of Government (and there never is wanting turbulent people in all Countrys) would make a handle of their discontentment and keep up a spirit which they would hope to turn to account one day or other.

We at this moment enjoy all the benefits arising from the Habeas corpus act1.

The Legislative Council have repeatedly refused to grant Jurys in civil cases. Say the people, there is no Judge on the Bench capable of determin1 For an illuminating note on Habeas Corpus in Canada, see Lucas, History of Canada (Oxford, 1909), p. 88.

ing a Commercial point so well as a Jury of Merchants, nay 'tis absolutely impossible that Right can be done to the subject by Judges not bred to the Law, under that anticommercial ill-understood System la coutume de Paris, without the intervention of Juries-Jurys are an Englishman's birth right. Why refuse optional Juries? asks an old subject-because, answer the Judges, they are too burthensome on the people. No, replys the Englishman, Jurys are not burthensome when the Courts are properly regulated by terms, but here you have weekly Courts, as inconvenient as injurious since they tend by their frequency to deprive the Subject of trial by Jury, a right which an Englishman never can give up, and which His Majesty was pleased by His 13th Instruction strenuously to recommend, but the Judges who have had most influence with our Governors have found means to prevent our having Jurys in the Civil Courts, as they have been looked on as a pernicious check on the power of the Bench'. It has been remark'd that men never wish for more power than the Law gives them, unless they intend to use it—On trials for Damages, the want of Juries may be severely felt.

May I, Sir, refer you to a sensible man Mr. Grant of St. Roc, (a member of the Legislative Council) for ample information concerning our Courts of Justice-he lives at No. 42 Newman street.

It has been represented that poor people cannot afford to attend as Jurors on civil causes-Let them be paid and they will cheerfully serve— 'tis but reasonable that the contending partys should pay.

I have taken the liberty to trouble you with this letter at the desire of my friend Governor Skene.

I have the honor to be Sir,

Your most obedient and very humble Servant,

XXXVIII

HUGH FINLAY.

PETITION FOR HOUSE OF ASSEMBLY, 24 NOVEMBER, 1784 TO THE KING'S MOST EXCELLENT MAJESTY

[Trans. Shortt and Doughty.]

The humble Petition of Your Majesty's Ancient and New Subjects; Inhabitants of the Province of Quebec.

MAY IT PLEASE YOUR MAJESTY.

AFTER the Conquest of the Province of Canada by the Arms of Great Britain, Your Petitioners in compliance with Your Majesty's gracious and royal Proclamation, bearing date the 7th day of October, 1763, Settled and became established, in the New acquired Colony of Quebec; in the full reliance on the faith of the Crown of Great Britain, as expressed in that Proclamation, for the enjoyment of those Laws, that Freedom and Security in Canada, which the Principles of the English Constitution afforded, in every part of the British Dominions in America. YOUR PETITIONERS and the Inhabitants of the Province, have chearfully on every occasion, obeyed the Controuling power of the Parliament of Great Britain, and with patience have suffered, during a period of Anarchy and War, rather than wound Your Majesty's feelings, or embarrass the Throne with Remonstrances and Petitions at a time when the safety of the Nation, made sacred every moment of Public deliberation. The Actions and Conduct of Your Petitioners when truly represented, will best express to Your Majesty, the Sincerity of their Loyalty and Attachment to the Crown and Government of Great Britain.

YOUR PETITIONERS look with Concern on the burthen of Great Britain, and with great Pain and Commiseration they see the distresses of Your Majesty's loyal Subjects, who, driven from their Estates, Wealth, and Possessions are daily taking Shelter in this British Colony; though 1 See p. 186 and note for the introduction of trial by jury in civil cases.

their unsettled and distressed Situation, may for the present hinder them from bringing forward their Petitions and their Claims; Your Majesty will readily perceive that a Government similar or Superior, to that under which they were born, had lived, and were happy, must be considered by those Your Majesty's unfortunate Subjects as an Affectionate proof of Your Majesty's Paternal Care and Regard for them; and the first Comfort which Your Majesty in releif to their Distresses can now grant: And the more so, as it will be a Blessing not merely granted to them, but extended to their Children and Posterity. YOUR PETITIONERS fully persuaded that the Welfare and Happiness of Your Majesty's Subjects, are objects of Your Majesty's serious and benign Consideration-beg leave to lay their Petition at the foot of the Throne and ardently to request Your Majesty's Interposition for the Repeal of the Quebec Bill; allowing such Priviledges as are already granted to the Roman Catholick Religion; as being inadequate to the Government of this extensive Province; the Cause of much Confusion in our Laws, and fraught with trouble and uneasiness to Your Majesty's loyal Subjects here. And that Your Majesty will be pleased to Concur in establishing your affectionate Subjects of this Province, in the full Enjoyment, of their civil Rights as British Subjects; and in granting them a Free, Elective House of Assembly. In these hopes they humbly presume to Suggest, that Clauses of the following Import, may be inserted in the Act of Parliament, which shall be made to Confirm a free Constitution to this Country.

1st. THAT the House of Representatives or Assembly,-be chosen by the Parishes, Towns and Districts of the Province, to be Composed of Your Majesty's Old and New Subjects, in such manner as to Your Majesty's Wisdom may seem most proper, that the Assembly be triennial, and the Members elected every three Years.

2d. THAT the Council consist of not less than Thirty Members and in case of Division on any measure before them, that no Act shall be passed, unless at least Twelve Members agree to carry the Vote. That the appointment of the Members, may be during their residence in the Province. and for Life; yet subject to temporary leave of Absence, as mentioned in the 11th Article; And that they serve as Councellors, without Fee or Reward.

3d. THAT the Criminal Laws of England be continued, as at present established by the Quebec Act.

4th. THAT the ancient Laws and Customs of this Country, respecting landed Estates, Marriage Settlements, Inheritances and Dowers, be continued; yet subject to be altered by the Legislature of Quebec; And that Owners may alienate by Will, as provided by the 10th Section of the Quebec Bill.

5th. THAT the Commercial Laws of England, be declared to be the Laws of this Province, in all Matters of Trade and Commerce, subject to be Changed by the Legislature of Quebec, as in the preceeding Article.

6th. THAT the Habeas Corpus Act, the 31st Charles 2d be made part of the Constitution of this Country.

7th. THAT Optional Juries be granted, on all Trials in Courts of Original Jurisdiction. That they be regularly Baloted for, and a Pannel formed as in England; either in the Case of an ordinary or a Special Jury, at the option of the Party applying for the same, And that Nine Members out of the Twelve, may in Civil Causes, be sufficient to Return Verdicts, subject to be Modified by the Legislature of Quebec, as in the 4th Article.

8th. THAT the Sheriffs be elected by the House of Assembly, and approved and Commissioned by the Governor, at the Annual Meeting of the Legislature. That they hold their Appointment during the period elected for, and their good Behaviour; and that they find reasonable Security, for a faithful discharge of their Duty.

9th. THAT no Officer of the Civil Government, Judge or Minister of Justice, be suspended by the Governor or Commander in Chief for the time; from the Honours, Duties, Salaries or Emoluments, of his Appointment; but with the advice and Consent of Your Majesty's Council, for the

Affaires of the Province; which Suspension shall not Continue, after the Annual Sitting of the Council; unless it be approved by the same. The cause of Complaint if approved, to be thereafter reported to Your Majesty, for Hearing and Judgement thereon.

10th. THAT no New Office be Created, by the Governor or Commander in Chief for the time; but with the Advice and Consent of Your Majesty's said Council and be approved at their Annual Meeting, as in the preceeding Article.

11th. THAT all Offices of Trust be executed, by the Principal in the Appointment; unless by leave of Absence from the Governor, with advice and Consent of his Council; which leave of Absence, shall not extend to more than Twelve Months, or be renewed by the Governor, but with the Approbation of the Council, at the Annual Session.

12th. THAT Judges be appointed to preside in the Courts of the Province; to hold their places during Life, or their good Behaviour, and that they be rewarded with Sufficient Salaries, so as to confine them to the functions of administering Justice, That every Cause of Accusation for a Removal, proceeding from the Governor, shall follow the Rule laid down in the 9th Article. And every Cause of Accusation for a Removal on the part of the Public, shall proceed from the House of Assembly, and be heard by the Council; which, if well founded, shall operate a Suspension; and in either Case, be decided in Appeal and Report to Your Majesty.

13th. THAT Appeals from the Courts of Justice in this Province to the Crown, be made to a Board of Council, or Court of Appeals, composed of the Right Honble The Lord Chancellor and the Judges of the Courts of Westminster Hall.

14. YOUR PETITIONERS beg leave, humbly to Represent to Your Majesty; that from their Proximity to the United States, who from Situation and Climate, have many advantages over them, the Internal Regulations for promoting the Trade, Agriculture and Commerce, of this Province; are now become more intricate and difficulty; and will require great Care and Attention, on the part of the Legislature here; to watch over the Interests of this Country. They therefore request, that the Assembly may have the Power, of laying the Taxes and Duties, necessary for defraying the Expences of the Civil Government of the Province. And for that purpose, that the Laws now existing, laying Taxes and Duties to be levied in the Province, may be repealed.

SUCH MAY IT PLEASE YOUR MAJESTY are the Intreaties and Prayers of Your loyal Subjects; and in full Confidence they trust, that Your Majesty will releive them from the Anarchy and Confusion, which at present prevail, in the Laws and Courts of Justice of the Province, by which, their Real Property is rendered insecure, Trade is clogged, and that good Faith, which ought, and would subsist among the People, and which is the Life and Support of Commerce, is totally destroyed. And be Gra ciously pleased to Secure to them, a Constitution and Government, on such fixed, and liberal Principles, as may promote the desire Your Affectionate Subjects of this Province have, of rendering this Mutilated Colony, a bright Gem in the Imperial Crown of Great Britain. And that may call on the present Generation, for their unceasing Acknowledgements and Gratitude. And upon the future, to feel as the present, that the Security and Happiness of the People and Province of Quebec; depend on an Union with, and Submission to, the Crown and Government of Great Britain.

In these pleasing hopes Your Petitioners as in Duty bound will ever pray, &c. &c. &c. Quebec, 24th November, 1784.

(Signed by five hundred and one names.)