Endorsed :-Petition to The King from the Principal People of Montreal R/ 3a Febry 1767.

(Translation.)

TO THE KING.

The Seigneurs of the lands and proprietors of the fiefs of the district of Montreal, in the province of Quebec, at the foot of Your Majesty's throne, filled with the deepest Gratitude for all the marks of Favour with which it has pleased Your Majesty to honour them, since they have been under Your Government, Dare to take the Liberty of here presenting to You their most humble supplications in their own Names and those of their tenants.

The truly paternal Care which your Majesty has never ceased to bestow on their temporal Interests, and the signal Favour of possessing a Bishop have roused in the hearts of all the New subjects the liveliest sentiments of gratitude, of love, and of fidelity toward Your Majesty.

They are no less sensible of the last proof of Your affection, of which they have experienced the beneficial effects, in the revocation of the stamp act.

They beg Your Gracious Majesty that they may be permitted to thank You for having given them as Governor, the honourable James Murray, they dare to hope that You will graciously continue to them this Worthy Governor whose clearsightedness, Equity and wisdom continually afford him efficacious means for maintaining the people. in tranquillity and obedience.

The frequently repeated Marks of a King's Goodness, always give ground for the hope of fresh ones, and it is on this ground that they dare plead for two privileges. These would fill up the measure of your Majesty's favours, & of their gratitude & devotion.

The first is the supression of the Register, the expenses of which exhaust the Colony, without its receiving from it the least advantage.

The second is that all the subjects in this province without any Distinction of Religion may be admitted to any Office, the only basis of selection being that of capacity and personal merit. To be excluded by the State from participating in it, is not to be a member of the state. If they feel such a humiliation they would appreciate all the more the value of a favour equally marked, for which they can only offer their hearts full of love and gratitude. Their Zeal, their affection and their devotion shall be the signal proofs of it for all time to come.

Their precepts and their examples shall perpetually tend to maintain their tenants in the sentiments of fidelity and submission which they owe you, They will offer without ceasing their vows and their prayers for the Glory and Preservation of Your Majesty and your august family.

6-7 EDWARD VII., A. 1907

Quebec ss.

Commission to be Chief

Justice of the province of Quebec

Power to

COMMISSION OF THE CHIEF JUSTICE.1

GEORGE THE THIRD by the Grace of God, of Great Britain, France, and Ireland, KING, Defender of the Faith, and so forth; To our Trusty and well beloved WILLIAM HEY, Esquire, GREETING.

KNOW YE, that we having taken into our Royal Consideration, Your Loyalty, Integrity, and ability, Have, assigned, Constituted, and appointed, AND WE, do hereby assign, Constitute, and appoint, you, the said WILLIAM HEY, our Chief Justice of, and in our Province of Quebec in America; To Enquire by the Oaths of honest and lawful men of the province aforesaid, and by other lawful ways, Methods, and means, by which you can or may the better Know, as well within liberties as without, of whatsoever Treasons, misprisions of Treason, Insurrections, Rebellions, Murders, Felonies, Homicides, Killings, Burglaries, Rapes of Women, Unlawful Congregations & Assemblies, words spoken, Misprisions, Confederacies, False Allegations, Trespasses, Riots, Routs, Escapes, Contempts, Falsities, Negligencies, Coninquire of all cealments, Maintenances, Oppressions, Champorties, Deceits, and other treasons, felo- Misdoings, Offences, and Injuries whatsoever, as also of the accessaries nies, and other thereto within the province aforesaid, as well within liberties as without, by whomsoever and howsoever had, done, perpetrated, or Committed, or which hereafter may happen to be done, perpetrated, or Committed, and by whom, to whom, when, where, and how, and of all other articles and Circumstances, the premises, or any of them, any wise Concerning: And and the same the said treasons and other the premises to hear and determine, according to hear and to the law and Custom of that part of our Kingdom of Great Britain cording to the Called England, and of our said province of Quebec, hereafter to be made. laws of Eng- THEREFORE WE Command that, at such certain days and places as you shall ordinances of appoint, You make diligent inquiry of the premises; and all and singular the premises you hear and determine; and the same do and fulfil in form aforesaid, doing therein that which to Justice doth belong or appertain, according to the Law and Custom of that part of our Kingdom of Great Britain Called England, and of our said province of Quebec hereafter to be

offences;

determine ac.

land and the

the province hereafter to be made.

1 Canadian Archives, Register of Commissions, from Department of Secretary of State. The mandate to the Governor to appoint Wm. Hey as Chief Justice is dated Feb. 3rd and is as follows:

"The King's Mandate to the Governor or Commander in Chief of the Province of Quebec, requiring Him to appoint William Hey, Esquire, Chief Justice of the sd Province.

George R.

Trusty and well beloved, We greet you well, Whereas We have taken into our royal consideration the loyalty, integrity, and ability of our trusty and well beloved William Hey, Esquire, We have thought fit, hereby, to authorize and require you forthwith to cause letters patent to be passed under the seal of our province of Quebec in America, constituting and appointing him the said William Hey, our Chief Justice of, and in our said province; to have, hold exercise and enjoy the said office unto him the said William Hey, for and during our pleasure, and his residence within our said province, together with all and singu lar the rights, profits, privileges and emoluments unto the said place belonging in the most full and ample manner with full power and authority to hold the supreme courts of judiciture, at such places, and at such times as the same may and ought to be held within our said province. And for so doing, this shall be your warrant. And so we bid you farewell.

Given at our Court at St. James' the 3a day of February 1766 in the sixth year of our Reign.

To our trusty and well beloved James Murray, Esquire, our Captain General and Governor in Chief in and over our Province of Quebec in America; and in his absence to the Commander in Chief of our said Province for the time being.'

From copy in the Public Record Office. See also note p. 178.

SESSIONAL PAPER No. 18

Power to deliver goals of prisoners

therein con

fined.

Power to hear

and actions,

whether real, personal, or mixt, either

made: Saving to us our Amerciaments and other things thereby to us belonging; for we will Command all and every our Sheriffs or provost Marshal's of our province aforesaid; That at such certain days, and places as you our Chief Justice shall make known to him, them, or any of them, they cause to come then and there before you such and so many honest and lawful men of our said province as well within liberties as without, by whom the Truth of the matter may be the better Known and inquired of.

AND FURTHER, KNOW YE That we have assigned, Constituted, and appointed, and by these presents, do assign, Constitute and appoint you, the said WILLIAM HEY, Our Goal of our Province aforesaid, of the prisoners therein hereafter to be to deliver. AND, therefore we Command you that, at such Certain days & places as you shall appoint, you come to our Court-House of our said Province the Goal in our said province of the prisoners hereafter therein to be to deliver, doing therein what to justice doth, or may, belong or appertain, according to the Law & Custom of that part of our Kingdom of Great Britain called England, and of our said province of Quebec hereafter to be made; saving to us our amer iaments and other things thereby to us belonging: For we will Command all and every our Sheriffs and provost Marshals of our said Province of Quebec that, at such Certain days and places as you our Said Chief Justice shall make known to him, them, or any of them, they Cause to Come then and there before you our said Chief Justice all the prisoners of the same Goal and their attachments. AND FURTHER KNOW YE That we have assigned, Constituted and appointed, and determine and by these presents, do assign, Constitute and appoint, You, the said all civil suits WILLIAM HEY, Our Chief Justice of Our Supreme Court of Judicature of our said province of Quebec, to inquire by the oaths of honest and lawful men of the province aforesaid, and by other lawful ways, methods and means, by which you can or may the better Know, as well within Liberties as without, of all civil pleas, actions, and suits, as well real and personal, as mixed, between us and any of our Subjects, or between party and party, by whomsoever had, brought, sued and Commenced, and of all other articles and circumstances the premises, or any of them, any wise Concerning and the said pleas, actions, and suits, and every of them, to hear and determine in manner and form aforesaid, doing therein that which to Justice doth belong and appertain according to the Laws and Customs of that part of our Kingdom of Great Britain Called England, and the Laws, Ordinances, Rules, and Regulations of our said province of Quebec, hereafter in that behalf to be Ordained and made. THEREFORE WE Command you that, at such Certain Days and places, as you shall appoint, you make diligent inquiry of the premises; and all and singular the premises to hear and determine in manner and form aforesaid, doing therein that which to justice doth belong or appertain according to the Law and Custom of that part of our Kingdom of Great Britain Called England, and the Laws, Ordinances, Rules, and Regulations, of our said province of Quebec hereafter in that behalf to be made: FOR WE will Command all and every Our Sheriffs or provost Marshal of our province aforesaid that at such Days and places, as you our Said Chief Justice shall make Known to him, them, or any of them, they Cause to Come then and there before you, such and so many honest and lawful men of our said province, as well within liberties as without, by Whom the truth of the matter may be the better Known.

between the King and a subject, or between subject and sub

ject.

This Office to

TO HAVE, HOLD, AND EXERCISE the said Office of our chief Justice of and in be held during our Said province of Quebec, for and during our Royal Will & pleasure and the Kings pleasure and your Residence within our Said province; Together with all and Singular the the Chief Jus- Rights, profits, free priviledges, and Emoluments to the said Office belonging, in as full and ample manner as any other Chief Justice of any of our provinces of America HATH heretoforeheld and Enjoyed, or of right ought to

tice's resi

dence in the

province.

My Lord!

6-7 EDWARD VII., A. 1907

have, hold, or Enjoy, the same, with full power and authority to hold the Supreme Courts of Judicature at such places and times as the same may or ought to be held within our said province.

IN TESTIMONY whereof we have Caused these our Letters to be made patent and the Great seal of our said province of Quebec, to be hereunto Affixed, and to be entered on record in one of the Books of patents in our Registers Office of Inrollments of the said province WITNESS Our Trusty and well beloved. The Honble Guy Carleton Esquire, OUR Lieutenant Governor and Commander in Chief in and over our said province of Quebec and the Territories thereon depending in America, at our Castle of Saint Lewis in our said City of Quebec, The Twenty-fifth Day of September in the Year of our Lord one Thousand seven hundred & Sixtysix, and in he Sixth Year of our Reign.

Recorded in the Registers Office at Quebec the 25th Day of September 1766

(Signed) J. GOLDFRAP,

D Reg

CARLETON TO SHELBURNE.1

QUEBEC 25th Oct 1766.

I have the Honor of receiving your Lordship's Letter of the 9th of August, with the Order of Council of the 8th, which shall be punctually obeyed-2

The Subject of the inclosed Remonstrance is another Matter I have to mention. Your Lordship will see by my Letter to the Lords of Trade, by the Minutes of Council, and by the Minutes of the Committee, that nothing has been done that required a Council, my calling a few Councellors, was meerly from prudential Reasons, and for

1 Canadian Archives, Q 3, p. 261. Though Governor Murray had been recalled to England, April 1st, 1766, he was not for some time deprived of his office as Governor of Quebec. Hence Gen. Guy Carleton who succeeded him was at first appointed as Lieutenant Governor, under the following Commission:"George the Third, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, and so forth; To our trusty and well-beloved Guy Carleton, Esquire, Greeting:

"We, reposing especial trust and confidence in your loyalty, integrity, and ability, do, by these presents, constitute and appoint you to be our Lieutenant Governour of our province of Quebec, in America; to have, hold, exercise, and enjoy the said place and office during our pleasure, with all rights, privileges, profits, perquisites, and advantages to the same belonging or appertaining.

"And further, in case of the death, or during the absence, of our captain general and governour in chief of our said province of Quebec, now, and for the time being, we do hereby authorize and require you to exercise and perform all and singular the powers and directions contained in our commission to our captain general and governour in chief, according to such instructions as he has already received from us, and such further orders and instructions as he, or you, shall hereafter receive from uɛ.

"And we do hereby commend all and singular our officers, ministers, and loving subjects in our said province, and all others whom it may concern, to take due notice hereof, and to give their ready obedience accordingly.

"Given at our court at St. James's, the seventh of April 1766, in the sixth year of our reign. 'By his Majesty's command.

66

(Signed) H. S. CONWAY. "Guy Carleton, Esquire, Lieutenant Governor of Quebec." A Collection of several Commissions and other Public Instruments, &c. by Francis Maseres. London : 1772. p. 122.

As this commission indicates, Carleton acted under the instructions given to Murray until his own appointment as Governor in Chief in 1768, when he received new instructions. In the meantime, however, several additions were made to the Council of Quebec, under the King's mandamus.

William Earl of Shelburne became Secretary of State for the Southern Department, July 13, 1766. 2 A portion of this despatch, dealing with local troubles over trading privileges &c., is omitted.

SESSIONAL PAPER No. 18

private Information. As to the Members of Council, they themselves could have no Doubt who should have the Precedence, as the Case of Mr Stuart doth prove; Hitherto I have been silent on that Subject, not that I doubt of the King's Intentions, but as I understand these Gentlemen are searching an Excuse to resign their Seats, and make a Noise; I shall give them Time to cool and Reflect, till Matter occurs that may require a Council. The great Leader of the intended Opposition is M Mabane,' who followed the Army, as Surgeon's Mate into this Country; He hoping and believing this Government unsettled, is determined to make some considerable Agitation; I trust he will not succeed: Captain Cuthbert threatens me much with his Friends, says he was forced into the Council by Governor Murray on his Departure, much against his will; but now he is in, he will shew the World who has Friends, and who shall be turned out. I laugh and make no Answer. M' Walter Murray who has acted as a strolling Player in other Colonies, here as a Councellor; M' Mounier, an honest quiet Trader, who knows very little of our Language or Manners, like most of the Canadians, will sign, without Examination whatever their Acquaintance urge them to, and Lieutenant Colonel Irving who professes he signed this, and the Order of Council mentioned above, because his Friends desired him-

All these little Workings I look on as the natural Consequence of the late Tempest, which after a few Months settled Calm must insensibly subside and die away. in General His Majesty's Subjects here seem rather to want Instruction, than Reproof. To know clearly the King's Will, and to see it steadily pursued here, will, or I am much mistaken, soon occasion a quiet and dutiful Obedience, in Spite of the Opposition of a few self Interested Individuals,

I am with much Respect and Esteem
Your Lordships

Most Obedient Humble Servant

GUY CARLETON

Right Honorable Earl of Shelburne

One of His Majesty's principal Secretaries of State.

REMONSTRANCE OF MEMBERS OF COUNCIL.

QUEBEC Octo 13th 1766,

To the Honble Brig' Gen' Guy Carleton Liet Gov of the Province of Quebec, & Brig Gen' of His Majestys Forces &c.

We the underwritten Members of His Majesty's Council for the Province of Quebec, think it our indispensible duty to communicate to you our sense of the method lately adopted of calling together only a part of the Council: The bad consequences which may arise from Practice are manyfold; But as you are pleased to signifye to Us by Coll. Irving that it was accident, & not Intention, it is needless for us to enumerate

them.

We would be wanting to ourselves, & Others in the same Circumstances if we did not remonstrate against an opinion lately insinuated, as if Mandamus's from Brittain suspended Appointments to the Council made by Gov Murray. We apprehend his Commission & Instructions, by which he was authorized to constitute a Council & to make choice of the Persons, to be to all Intents, & purposes, a Mandamus to each of Us, provided His Majesty did not disapprove of Us, when reported to Him by the Governour: The many Difficulties which for Two Years we had to encounter in a new Establishment for a Province under very peculiar circumstances, perhaps entitle us to some Reguard: At any Rate tho' His Majesty may have an undoubted Right to encrease the number of his Council by granting Mandamus's to whom He pleases, it is to be presumed that by so doing there is no Intention to deprive Us either of our Right

1 Adam Mabane was a member of the first Council appointed by Governor Murray in 1764; the other members were Chief Justice Gregory, P. Æmilius Irving, H. T. Cramahé, Walter Murray, Samue Holland, Thos. Dunn and François Mounier.

18-3-13