6-7 EDWARD VII., A. 1907 to Precedence, or to a Seat in Council: A late event on the Departure of Gov' Murray is a proof of the contrary. If by the Constitution or Custom of the Colonys the number of the Council is restricted, Mandamus's are in that Case to be regarded only as an Order for the Admission of the Persons named therein, Provided there is a Vacancy. If the Deference which we feel for every Manifestation of the Will of our Sovereign has prevented us from objecting to any person possessed of a Mandamus from being sworn into the Council, We apprehend that if the Council is at present, or hereafter may be restricted, The Councillor last admitted is to be considered as the Supernume rary. We have the hon' to be wth the greatest respect Sy' most obedt hble Servts. (Signed) P. ÆMI IRVING WA' MURRAY ADAM MABANE FR MOUNIER JAMES CUTHBERT. Endorsed Copy Remonstrance of L Col' Irving and other Members of His Majesty's Council at Quebec 13th Oct 1766. In Lieu' Gov' Carleton's, of the 25th Oct 1766. GOVERNOR CARLETON'S REPLY. To Lieut Colonel Irving Major to the 15th Regiment. Mr Walter Murray, M' Adam Mabane Surgeon, Mr Francis Mounier Merchant, Captain James Cuthbert- GENTLEMEN. As Lieutenant Colonel Irving has signified to you, that the Part of my Conduct, you think worthy your Reprehension, happened by Accident, let him explain to you his Reasons for so doing, He had no authority from me– – But that there may be no further Doubt, I hereby make known to you, that I both have and will, on all Matters which do not require the Consent of Council, call together such Councellors as I shall think best qualified to give me Information and further, that I will ask the Advice and Opinion of such Persons, tho' not of the Council as 1 shall find Men of good Sense, Truth, Candor, and Impartial Justice; persons who prefer their Duty to the King and the Tranquility of His Subjects to unjustifiable Attachments, Party Zeal, and to all selfish mercenary views: After I have obtained such Advice, I will still direct as to me shall seem best for His Majesty's Service, and the Good of His Province committed to my Care- I further make Known to you, and for the first time I give an Opinion, that for the present His Majesty's Council consists of twelve Members; those named and appointed immediately by the King' have the Preference, next follow those appointed by Governor Murray till the Seats are all full: 1 In the Instructions given to Governor Murray, in addition to certain ex-officio members, such as the Chief Justice and the Surveyor General of Customs, he was authorized to select and appoint eight other members to constitute the Council of the Province. In the Instructions given to Governor Carleton, however, the members of the Council were specifically named as appointed by the King. See p. 211. The following is a list of the members of Council at the end of 1766 with the dates of their admission :1764. 66 "August 13th Paul Emis Irving Again swore in 24th Sept 1766 by mandamus Hector Theophilus Cramaché dated 21st June 1766, swore in again 24th September 1766. Walter Murray, Again swore in 24th Sept 1766. SESSIONAL PAPER No. 18 You will be pleased to recollect, Gentlemen, that Mr Stewart, tho' sworn into Council after M' Mounier, has by Virtue of the King's immediate Appointment constantly taken Place and Precedence of you all. I must also remind you, that His Majesty's Service requires Tranquility and Peace. in His Province of Quebec, and that it is the indispensable Duty of every good Subject, and of every honest Man, to promote so desirable an End. (Signed). GUY CARLETON. Endorsed Answer to Lieu' Col. Irving, Mr Walter Murray &c, Oct' 1766. CARLETON TO GAGE.1 Copy of a Letter from Major General Carleton to His Excellency General Gage, dated at Quebec 15th Febry 1767 Sir The Forts of Crown Point, Ticonderoga, and Fort George are in a very declining Condition, of which, I believe, Your Excellency is well informed; should you approve of keeping up these Posts, it will be best to repair them as soon as possible. As you have been pleased to desire my Opinion of this Measure, I must freely say, that the more I consider the State of Affairs on this Continent, more and stronger Reasons present themselves, and I am the more convinced, it is not only expedient, but indispensably necessary for the Interest of Great Britain, and His Majesty's Service, not only to keep these in good Repair, but to erect a proper Place of Arms near the Town of New York, and a Citadel in or near the Town of Quebec. These with temporary Works thrown up occasionally at the other Places of Landing and Embarking, will secure the Communication with the Mother Country, and will link these two Provinces so strongly together, as will add great security to both; they will facilitate the Transport of ten or fifteen thousand Men in the Beginning of a War, from the one to the other, as the Circumstances require The natural and political Situation of the Provinces of Quebec and New York is such, as must for ever give them great Influence and Weight in the American System, therefore no Pains, Address, nor Expence too great to root out Faction or Party; to establish Tranquility, and a firm Attachment to His Majesty's Government, at the same time it is equally essential to establish that security and Strength as can properly curb and overawe, should such ever arise, who by the Ties of loyal Subjects and honest Men, are not thoroughly bound to their Duty. This Communication so established, will give Security to the King's Magazines, till then precarious, and doubtfull who may avail themselves of them; will separate the Northern from the Southern Colonies, will afford an easy and advantagious Opportunity of transporting His Forces into any part of this Continent, and may prevent the greatest of all Inconveniencies, Delay and Loss of Time in the Beginning of a War. Oct 10th ditto 31st 1765. June 20th 1766. June 14th James Goldfrap, by mandamus, dated 20th July 1764 again swore in 24th September 1766. Charles Stewart, S. G. by mandamus James Cuthbert. The above is a true List of the members of His Majesty's Council of the Province of Quebec with the Times of their being sworn in, taken from the Council Book Kept in my office. in the room of William Gregory, Esq' late Chief Justice, and struck out of the Council" (Signed) Ja: POTTS, D.C.C. Endorsed-Copy of the List of Council of Quebec 1766 1 Canadian Archives, Q 4, p. 100. 2 Referring to the troubles which were developing in the American colonies. 18-3-13 6-7 EDWARD VII., A. 1907 The Walls of this Place have not been repaired since the Siege, which left many Holes in the Masonry, that will precipitate their Ruin if not soon repaired; I have not one Engineer in the Province to form an Estimate of the Repairs, or make tion that may be immediately necessary. (a true Copy) any Altera H. T. CRAMAHÉ Endorsed Copy of a Letter from General Carleton to His Excellency General Gage, dated at Quebec, 25th Feby, 1767. In Lieut.-Governor Cramahe's Letter of the 9th Nov SHELBURNE TO CARLETON.1 WHITEHALL 20th June 1767. LIEUT. GOVERNOR CARLETON. SIR, Since my Letter of 26th May, I have received your's of 28th March,, which I have had the Honor to lay before the King, & I have the Pleasure of confirming to you, His Majesty's gracious Approbation of your Conduct. The Rectitude of those Principles by which you have governed yourself, & your firm tho' dispassionate manner of Proceeding, if persevered in, cannot fail of giving due weight to your Administration, of allaying any remains of Faction which may not yet have subsided, & of putting an End to those Impediments which too often arise from private Views & personal Jealousies. As the right Administration of Government in Quebec is a matter of the greatest Importance to that Province, the Improvement of its Civil Constitution is under the most serious & deliberate consideration of His Majesty's Servants & principally of His Majesty's Privy Council. Every light which can be procured on this Subject, will be material as well as every Information which can tend to elucidate how far it is practicable and Expedient to blend the English with the french Laws in order to form such a System as shall at once be Equitable & convenient, both for His Majesty's Old and New Subjects, in order to the whole being confirmed & finally established by Authority of Parliament. Endorsed --(N° 4) Dra' to Lieut-Gov' Carleton 20th June 1767. CARLETON TO SHELBURNE.* QUEBEC 25th Nov 1767, My Lord! As Your Lordship informs me, that the Improvement of the Civil Constitution of Quebec is under the most serious and deliberate Consideration of His Majesty's Servants, and that any Light, which can be procured on that Subject, will be material, I shall endeavour to represent the true Situation of the Province, and add such Observations, as have occurred to me, with that Candor, which, I think, the King's Service requires, in Compliance with what your Lordship seems to desire, and least His Majesty's Servants, Employed in a Work of so great Importance, tho' of profound Knowledge and Judgment, for Want of having truly represented, to them, Objects at so great a Distance, and in themselves so different from what is to be found in any other of His Dominions, I say, least without a true Representation of Things, the Kings Service should not profit, as much as possible, of the great Abilities of His Servants 1 Canadian Archives, Q 4, p. 130. The omitted portions of this despatch refer to the Walker assault case and disputes with reference to the Indian Trade." 2 Given in Q 4, p. 106. 3 With reference to the Indian Trade; given in Q 4, p. 111. 4 Canadian Archives, Q 5-1, p. 260. SESSIONAL PATER No. 18 I take for granted, that the natural Rights of Men, the British Interests on this Continent, and the securing the Kings Dominions over this Province, must ever be the principal Points in View, in forming it's Civil Constitution, and Body of Laws; And that the last, is the Foundation of all, without which, other schemes can be little better than meer Castles in the Air; it will naturally follow, I should first shew, How far this Foundation is, or is not firmly laid— The Town of Quebec is the only Post, in this Province, that has the least Claim to be called a fortified Place.; for the flimsy Wall about Montreal, was it not falling to Ruins, could only turn Musketry; it will be sufficiently accurate for the present Purpose, if this Town be considered as a good Camp for ten or twelve Battalions, whose Front is fortified by a Bastioned Rampart, faced with Masonry; built, for the most Part, upon a Rock; without Ditch or outwork; it's Profile, slight for a Fortress, is substantial for an Encampment, it's Parapet in very bad Order. The Flanks and Rear of this Encampment, in one thousand seven hundred and fifty nine, were closed partly by a thin Wall, the rest by great Stakes, now carried away, or rotten; these ran along the Heigths and Precipices at a little Distance from the River St. Lawrence, the Bason, and River St. Charles, so as to leave a Passage between this Line and these Waters. With a Number of Troops sufficient for this Post, those Flanks and Rear might in a little Time be secured, and guarded so, as to reduce an Enemy to form his Attack in Front, but in Proportion as the Numbers fall short, the Danger increases, of being surrounded and Stormed with little ceremony; especially when this Line is open in many Places, as at present. The King's Forces in this Province, supposing them compleat to the Allowance, and all in perfect Health, Rank and File, would amount to sixteen hundred and twenty seven Men, The King's old subjects in this Province, supposing them all willing, might furnish about five hundred Men, able to carry Arms, exclusive of his Troops; that is supposing all the King's Troops and old Subjects collected in Quebec; with two Months hard Labour, they might put the Works in a tolerable State of Repair, and would amount to about one third of the Forces necessary for it's Defence. The new Subjects could send into the Field, about eighteen thousand Men, well、 able to carry Arms; of which Number, above one half have already served, with as much Valor, with more Zeal, and more military Knowledge for America, than the regular Troops of France, that were joined with them. As the common People are greatly to be influenced by their Seigneurs, I annex a Return of the Noblesse of Canada,' shewing with tolerable Exactness, their Age, Rank, and present Place of Abode, together with such Natives of France, as served in the Colony Troops so early in Life, as to give them a Knowledge of the Country, an Acquaintance and Influence over the People, equal to Natives of the same Rank; from whence it appears, that there are in France, and in the French Service, about one hundred Officers, all ready to be sent back, in Case of a War, to a Country they are intimately acquainted with, and with the Assistance of some Troops, to stir up a People accustomed to pay them implicit Obedience. It further shews, there remain in Canada, not many more than seventy of those, who ever had been in the French Service; not one of them in the King's Service, nor one who, from any Motive whatever, is induced to support His Government and Dominion; Gentlemen, who have lost their Employments, at least, by becoming His Subjects, and as they are not Bound by any Offices of Trust or Profit, we should only deceive ourselves by supposing, they would be active in the Defence of a People, that has deprived them of their Honors, Privileges, Profits and Laws, and in their Stead, have introduced much Expence, Chicannery, and Confusion, with a Deluge of new Laws unknown and unpublished. Therefore all Circumstances considered, while Matters continue in their present State, the most we may Hope for from the Gentlemen, who remain in the Province, is a passive Neutrality on all Occasions, with a respectful Submission to Government, and Deference for the King's Commission in whatever Hand it may be lodged; this they almost to a Man have persevered in, since my Arrival, notwithstanding much Pains have been taken, to 1 Canadian Archives, Q5-1, p. 269. This is printed in full in the Report on Canadian Archives for 1888, 6-7 EDWARD VII., A. 1907 engage them in Parties, by a few, whose Duty, and whose Office should have taught them better. This Disposition the French Minister seems to have foreseen, as appears by Orders calculated to draw them from Canada into France, well knowing that such as remained, were bound by Duty and Honor to do nothing against their Allegiance to the King, under whose Government they live, whereas those, who go to France, are to all Intents and Purposes Officers in the French Service, and liable to be sent on any Service. For these Reasons, I imagine, an Edict was published in 1762. Declaring, that notwithstanding the low State of the King's Finances, the Salary of the Captains of the Colony Troops of Canada should be raised from four hundred and fifty Livres, the Establishment at which their Pay was fixed at first, to six hundred Livres a Year, to be paid quarterly, upon the Footing of Officers in full Pay, by the Treasurer of the Colonies, at the Quarters assigned them by His Majesty in Touraine, and that such of them, as did not repair thither, should be struck off, the King's Intentions being, that the said Officers should remain in that Province, untill further Orders, and not depart from thence without a written Leave from the Secretary of State for the Marine Department. A few of these Officers have been sent to the other Colonies, but the greater Part still remain in Touraine and the Arrears due to those, who have remained any Time in this Country, are punctually discharged, upon their Emigration from hence, and Obedience to the abovementioned Injunction. By the Secretary of State's Letter, a certain Quanty of Wine, Duty free, is admitted to enter the Towns, where these Canadian Officers Quarter, for their use, according to their several Ranks. Having arrayed the Strength of His Majesty's old and new Subjects, and shewn the great Superiority of the Latter, it may not be amiss to observe, that there is not the least Probability, this present Superiority should ever diminish, on the Contrary 'tis more than probable it will increase and strengthen daily: The Europeans, who migrate never will prefer the long unhospitable Winters of Canada, to the more chearful Climates, and more fruitful Soil of His Majesty's Southern Provinces; The few old Subjects, at present in this Province, have been mostly left here by Accident, and are either disbanded Officers, Soldiers, or Followers of the Army, who, not knowing how to dispose of themselves elsewhere, settled where they were left at the Reduction; or else they are Adventurers in Trade, or such as could not remain at Home, who set out to mend their Fortunes, at the opening of this new Channel for Commerce, but Experience has taught almost all of them, that this Trade requires a Strict Frugality, they are Strangers to, or to which they will not submit ; so that some, from more advantagious Views elsewhere, others from Necessity, have already left this Province, and I greatly fear many more, for the same Reasons, will follow their Example in a few Years; But while this severe Climate, and the Poverty of the Country discourages all but the Natives, it's Healthfulness is such, that these multiply daily, so that, barring a Catastrophe shocking to think of, this Country must, to the end of Time, be peopled by the Canadian Race, who already have taken such firm Root, and got to so great a Heigth, that any new Stock transplanted will be totally hid, and imperceptible amongst them, except in the Towns of Quebec and Montreal. for 'Twas partly from these Considerations, as well as from those mentioned in my Letter of the 15th February last to the Commander in Chief, a Copy of which I inclosed to Your Lordship, that I recommended the building of a Citadel within the Town of Quebec, that the Troops might have a Post capable of being defended by their Numbers, till Succour could be sent them from Home, or from the neighbouring Colonies; should a French War surprise the Province in it's present Situation, the Canadian Officers sent from France with Troops, might assemble such a Bo ly of People, As would render the King's Dominion over the Province very precarious, while it depends on a few Troops, in an extensive Post, open in many Places. A proper Citadel once erected, the Situation of Things will be greatly changed, the King's Enemies, who would attempt to disturb this Province, must hazard a larger Stake, and the Chances against them 1 See Carleton to Gage; p. 195. |