6-7 EDWARD VII, A. 1907 This Committee, of which Mr. McCord takes the lead, has had several meetings and fixed at last upon the Course they have now taken, of Petitioning the Lieutenant Governor in Council, and in case of a Refusal there, to Memorial His Majesty; The Committee having previously wrote to and engaged some of their Fellow Subjects at Montreal to second them in their Applications. Mr McCord endeavoured all this Summer, and again since the appointment of the Committee, to persuade the Canadians to join the old Subjects in petitioning for an Assembly, used every Argument he could think of for that Purpose, and carried the first Draft set on Foot for it to a Canadian Gentleman of this Town to translate into French; the Canadians suspecting their only View was to push them forward to ask, without really intending their Participation of the Privilege, declined joining them here or at Montreal, but in the agitation they were thrown into by all this Negotiation, as well as M' Maseres's Publications,' circulated here with great Industry, they thought themselves obliged to do something, tho' they could not well tell how, and this produced the Petitions already sent Home. It may not be amiss to observe, that there are not above five among the signers to the two Petitions, who can be properly stiled Freeholders, and the Value of four of these Freeholds is very inconsiderable. The Number of those possessing Houses in the Towns of Quebec and Montreal, or Farms in the Country, held of The King or some private Seigneur, upon paying a yearly Acknowledgment, is under thirty. In my Answer" I carefully avoided entering into any Discussion upon the Subject of their Petition, or taking notice of the Irregularity of their conduct, to endeavour to preserve them in good Temper, and to prevent them presenting their Requests through any other than the proper Channel, was the measure that appeared to me most eligible for the King's Service; I have therefore promised them, to forward to Your Lordship, the Memorial they intend presenting to His Majesty; when that is executed, and they are a little cooled, they will be more ready to attend to any Thing I may take Occasion to offer upon the Matter in private. The whole of this Transaction sufficiently evinces how necessary it is to give Power and Activity to the Government of this Province; the Canadians are tractable and submissive, but if Matters were to remain here much longer in the loose Way they are in at present, there is too much Reason to apprehend, that it might be attended with bad Effects; A Confirmation of their Laws of Property, and Rights of Inheritance, after which they most ardently sigh, would be most satisfactory to them all, and prove a very great Means of attaching the Canadians effectually to His Majesty's Royal Person and GovernmentI have the Honor to be with the greatest Respect My Lord! Earl of Dartmouth One of His Majesty's Principal Your Lordship's Most Obedient and H. T. CRAMAHÉ Of these the first and last published, prior to this date, have already been given in this volume; see p.179, and p.228. Of the several other papers dealing with the laws and constitution of the Province of Quebec published before this date, some were reproduced in later volumes, especially in "An Account of the Proceedings " &c., others remained in their original form of issue, as the "Draught of an Act of Parliament for settling the Laws of the Province of Quebec," 1772. 2 See below, p.346. SESSIONAL PAPER No. 18 PETITION TO LT. GOVERNOR FOR AN ASSEMBLY.1 To the Honourable Hector Theophilus Cramahé, Esquire, His Majesty's Lieutenant Governor and Commander in Chief of the Province of Quebec, in Council. The Petition of the Subscribers his Majesty's Antient Subjects the Freeholders, Merchants, Traders, and other Inhabitants of the said Province. Humbly Sheweth, That Whereas his Most Excellent Majesty by his Royal Proclamation bearing date at St. James's the Seventh day of October 1763 (out of his Paternal Care for the Security of the Liberty and propertys of those who then were, or should thereafter become Inhabitants of the four several Governments therein mentioned) Did publish and declare, that he had, in his Letters Patent, under his Great Seal of Great Britain, by which the said Governments were constituted; been graciously pleased to give express power and Direction to his Governors, that so soon as the State and Circumstances of those Governments would admit thereof: They should with the Advice and Consent of the Members of his Councils, Summon and Call General Assemblys within the said Governments, And that he had been graciously pleased to give power to his said Governors with the consent of his said Councils and the Representatives of the People to make, constitute, and Ordain, Laws, Statutes & Ordinances for the publick peace, welfare and good Government of those Provinces and of the People and Inhabitants thereof. And Whereas his most Excellent Majesty in pursuance of his said Royal Proclamation, by his Letters Patent to his Governors has been graciously pleased to give and grant unto them full power and Authority with the Advice and Consent of his said Councils, under the Circumstances aforesaid, to call General Assemblys of the Freeholders and Planters within their respective Governments. And Also Whereas your Petitioners (who have well considered the present state and Condition of this Province) do humbly conceive That a General Assembly of the People would very much Contribute to its peace, Welfare and good Government as well as to the Improvement of its Agriculture and the Extension of its Trade and Navigation; They do therefore most humbly pray your Honor (with the Advice and Consent of His Majesty's Council) to Summon and call a General Assembly of the Freeholders and Planters within Your Government in such Manner as you in your discretion shall judge most proper. I do certify that the foregoing Petition is a true copy of the Original filed in my Office. 1 Canadian Archives, Q 10, p.26. Given als in "An Account of the Proceedings " &c., p.11. 6-7 EDWARD VII., A. 190′′ Quebec 16 December Geo. Allsopp. D.C.C. Endorsed :-Copy of the Quebec Petition presented 4 Dec 1773 In Lieut. Gor Cramahes No. 11) of 13 December 1773. The Montreal Petition the same as the preceding--with the following Signatures — Montreal 29 Novem 1773. Edward Chinn John Thompson R. Huntley J Dumoulin Alex Paterson Levy Solomons Ezekiel Solomons Edw1 W Gray Geo. Measam J. Maurez Thomas Walker Jun'. John Wharton Jacob Vander Heyden I do Certify that the foregoing Petition is a true Copy of the Original filed in my Office. Quebec 16 December 1773. GEO. ALLSOPP D. C. C. Endorsed:-Copy of the Montreal Petition -presented 4 Decr. 1773. LT. GOVERNOR CRAMAHÉ'S REPLY. Gentlemen The Subject of your Petition is a Matter of too much Importance, for His Majesty's Council here to advise, or me to determine, upon, at a Time, that, from the best Inform ation, the Affairs of this Province are likely to become an Object of Public Regulation: The Petitions and my Answer shall be transmitted by the first Opportunity to His Majesty's Secretary of State. Quebec 11th Dec' 1773. (Signed) H. T. CRAMAHÉ 1 In Maseres' "An Account of the Proceedings" &c., no mention is made of there being two petitions, and no distinction is made between the Montreal and Quebec lists of names, which are mingled together in a common list. The date of presentation is given as Dec. 3rd, whereas in Allsopp's certified copy it is given as the 4th. 2 This reply was framed and authorized by the Governor in Council, Dec. 11th, 1773. See Q 10,p.38. SESSIONAL PAPER No. 18 PETITION TO THE KING. TO THE KINGS MOST EXCELLENT MAJESTY.1 The humble Petition of the Subscribers your Majesty's antient Subjects, Freeholders, Merchants and Planters in the Province of Quebec in North America. Most humbly. Sheweth. That Whereas your Majesty by your royal Proclamation bearing Date at St. James's the seventh Day of October One thousand seven Hundred and Sixty Three was most graciously pleased to publish and declare "That out of your Majesty's paternal Care "for the Security of the Liberty and Properties of those who then were or should "thereafter become Inhabitants of the four several Governments therein mentioned (of "which this your Majesty's Province was denominated to be one) Your Majesty had in "the Letters Patent by which the said Governments were constituted given express "power and Direction to your Governors, That so soon as the State and Circumstances of those Governments would admit of it, they should with the Advice of the Members "of your Majesty's Councils, summon and call General Assemblies within the said "Governments respectively, in such Manner and Form as is used and directed in those "Colonies and Provinces in America which are under Your Majesty's immediate Gov"ernment. And also that your Majesty had been graciously pleased to give Power to your said Governors with the Consent of your Majesty's said Councils and the Repre"sentatives of the People, so to be summoned as aforesaid, to make, constitute, and "ordain Laws, Statutes and Ordinances, for the peace, Welfare, and good Government "of your Majesty's said Colonies, and of the People and Inhabitants thereof, as near "as might be agreeable to the Laws of England, and under such Regulations and Restrictions as are used in other Colonies." And Whereas it has graciously pleased Your Majesty in the Letters Patent of Commission to your Captain General and Governor in Chief, (and in Case of his Death, or during his Absence, in the Letters Patent of Commission to your Majesty's Lieutenant Governor) of this Province, to give and grant unto him full power and Authority, with the Advice and Consent of your Majesty's Council, so soon as the Situation and Circumstances of this Province would admit of it, and when and as often as Need should require, to summon and call general Assemblies of the Freeholders, and Planters within this Government, in such Manner as he in his Discretion should judge most proper. And Whereas Your Petitioners, whose Properties real and personal in this Province are become very considerable, having well considered its present State and Circumstances, and humbly conceiving them to be such as to admit the summoning and calling a general Assembly of the Freeholders, and Planters Did on the Third Day of December Instant present their humble Petition to the Honourable Hector Theophilus Cramahé Esquire your Majesty's Lieutenant Governor and now Commander in Chief, stating as above and humbly praying that he would be pleased, with the Advice and Consent of your Majesty's Council, to summon and call a general Assembly of the Freeholders and Planters within this Government, in such Manner and as he in his Discretion should judge most proper; And your Majesty's said 1 The Lt. Governor having, as anticipated, declined to grant the petition for an Assembly, the Committees of Quebec and Montreal prepared their petition to the King, as given here. Canadian Archives, Q 10, p. 46. In the letter of Cramahé to Dartmouth, Jan. 19th, 1774, which accompanies this petition, he says that he suspects they have sent a duplicate of it to Maseres. Q 10,p.43. The Committees evidently had some doubts as to their petitions to the King reaching their destination if presented through the official channels only, for, as Cramahé had suspected, they sent copies of these to Maseres, then in London, to be presented through the Colonial Secretary. They had also written to their mercantile associates in London to solicit their assistance in presenting their case before the proper authorities. This correspondence is given in Maseres' " An Account of the Proceedings " &c., p.29. 2 As may be observed by comparing this passage with the letter of the Proclamation, (See p.120, last paragraph.) this is not the exact wording of the portion quoted, but simply a paraphrase of it. See the section of the Commission to Governor Murray, authorizing the establishment of an Assembly, p.128. 66 6-7 EDWARD VII., A. 1907 Lieutenant Governor on the Eleventh Day of December Instant after having taken the said Petition into his Consideration, was pleased to inform your Petitioners, "That the Subject of thier said Petition, was a Matter of too much Importance for your Majesty's "Council here to advise, or for him your said Lieutenant Governor to determine upon, "at a Time, that, from the best Information, the Affairs of this Province are likely to "become an Object of public Regulation; but that he would transmit the said Petition "by the first Opportunity to your Majesty's Secretary of State."1 Your Petitioners being fully convinced from their Residence in the Province, and their Experience in the Affairs of it, that a general Assembly would very much contribute to encourage and promote Industry, Agriculture and Commerce and (as they hope) to create Harmony and good Understanding between your Majesty's new and old Subjects Most humbly Supplicate your Majesty, to take the Premisses into your royal Consideration; And to direct your Majesty's Governor, or Commander in Chief to call a General Assembly in such Manner, and of such Constitution and Form as to your Majesty, in your Royal Wisdom, shall seem best adapted to secure its' Peace Welfare and good Government. And your Petitioners as in Duty bound shall ever Pray &c.2 Quebec 31 December 1773 Endorsed :-In Lieut. Gov' Cramahes (No. 13) of 19th Jany. 1774. Montreal Petition the same as that of Quebec-with the following signatures Montreal 10th January 1771 Dan' Robertson John Wharton Samuel Morrison 1 See above p.346. 2 In Maseres An Account of the Proceedings" &c., pp.20-24, the petition is given as only from Montreal, dated Jan. 10th, though the list of names attached contains both the Quebec and Montreal signatures. Elsewhere, (see p.27) it is stated that there were two petitions. |