5th Article. 6-7 EDWARD VII., A. 1907 If the parties summoned have no writing to produce they shall be obliged to appear at our Court, on the day fixed, either in person or through an attorney, otherwise no plea will be allowed them for default, and in like manner judgment will be given, on the single summons which shall have been served on them, in order to avoid long lawsuits, and the increase of costs. 6th Article. If the excessive amount of business does not allow the judging of all cases at a single sitting, they shall be postponed till the next one, and the parties shall be obliged to appear, without other summons. 7th Article. Judgments which shall be delivered at our Residence at the Court, shall be executed without appeal, and the parties shall be compelled to give satisfaction according to what shall be decreed, with the exception of such cases as we may think fit to send to the Military Council to be tried; which shall be delivered to one of the Councillors whom we shall name, who will make his report to the Council, so that judgment may be given on the same for him to whom it shall belong. 8th Article. The Council of War shall assemble on the Wednesdays and Saturdays of each week, and shall be held in the house of M. de Beaujeu, rue St. Louis. 9th Article. Judgments given in our Courts, as well as the military decrees, shall be inscribed on the register, by the registrar whom we have appointed for this purpose, and copies delivered by him to the parties. 10th Article. All the above shall be executed, as well for the town as for the country; with the exception however of disputes that the habitants of the district may have amongst themselves, with respect to enclosures, damages, or other provisional cases, of which we authorize the commandant of the troops to take cognizance in each locality and try summarily, reserving appeals to the Military Council, if the case pertains thereto, and there is reason for it. And the present regulation shall be read, published and posted in the usual places and precincts of this town, as well as in every part of this government, that no one may urge the plea of ignorance, and that all shall be compelled to conform to it; and we interdict all other courts and jurisdictions which may have been established as well in the town, as in the suburbs and country. Executed and given under our seal, and countersigned by our secretary, at Quebec, the 31st October, 1760. By His Excellency, (Signed) JA. MURRAY. (Signed) H. T. CRAMAHÉ. SESSIONAL PAPER No. 18 GENERAL MURRAY'S REPORT OF THE STATE OF THE GOVERNMENT OF QUEBEC IN CANADA JUNE 5TH, 1762.1 MY LORD,-In obedience to His Majesty's Commands signified in Your Lordship's dispatch to Sr. Jeffery Amherst of the 12th December last I have the honor to transmit the following account of His Majesty's Government of Quebec and dependancies thereof; however deficient it may prove Your Lordship may be assured it has been my earnest desire, as it is my constant study to fulfil my Royal Masters intentions. The better to effect the same, and in order to state the several interesting matters of this Report in the clearest light, I shall divide the whole under the following heads. 1st-Return of His Majesty's Forces in His Government of Quebec and dependancies thereof. 2d-State of the Fortifications 3rd-State of the Government under the French Administration 4th-The Revenues and Expenses. 5th-Church Government. 6th-Indian Nations 7th-Nature of the Soil and its produce 8th-Population. 9th-Trade 10th-Character of the People I shall subjoin some remarks pointing out the Errors of the Ancient System, and wherein by my own observations and the best information I have been able to procure, there is room for alterations or amendments. QUEBEC. GENERAL AND STAFF OFFICERS. The Honorable James Murray Esqr. Governor. The Honorable Lieut' Colo' Maitland D:A:G: Governor Murrays leave to the Southern Colonies. Lieut' Colo' Irving, Deputy Quarter Master General. Hector Theops Cramartie, [Cramahé] Secretary to the Governor. Lieut' Mills, Town Adjutant Captain Malone, Barrack Master.. Captain Cosnan, Town Major. Governor Murrays leave to England for the recovery of his Health. Zachariah Thompson, Captain of the Ports.. 1 In the despatch of Lord Egremont to Sir Jeffery Amherst of 12th Dec., 1761, in which the King approves of the system of military government established in the districts of Quebec, Three Rivers, and Montreal, he instructs him to send, for His Majesty's information, a full account of the newly acquired countries. In response to this command, communicated to Murray, Burton, and Gage, we have this and the two following Reports, which were transmitted to the Government by Sir Jeffery Amherst. These Reports were among the documents submitted to the Board of Trade for their information in preparing a plan of government for the territories ceded to Britain by the Treaty of Paris of 1763. See p. 96. 6-7 EDWARD VII., A. 1907 2. STATE OF THE FORTIFICATIONS.-Quebec. The natural situation of the ground which the present front of the fortification is built upon towards the land, is very disadvantageous. Cape Diamond is nearest the River St Laurence, and is likewise the highest ground, from whence there is a continued slope, sometimes very quick, toward the River St Charles, in consequence of which the walls not being built upon a level, but humouring the nature of the ground, the flanks of the Bastions cannot defend their opposite faces in a proper manner, for the flanks of the higher Bastions, must fire below the horizontal line, as the flanks of the lower ones must throw theirs above it. To remedy this defect, the French built two Counter guards or Fausse-brays with Casemated flanks, before the right face and flanks of Laglaciere Bastion, and the left face and flank of Bastion St Louis; this however introduced another inconvenience, of which they appear'd sensible when Mons de Levis besieged the Town in 1760, as He directed his fire to this place, which had such an effect, the rubbish of the Wall filling the Counter guard, and that from the lower the ditch, that an easy ascent might have been very soon made to the breach. The high grounds before Cape Diamond and La glaciere Bastions command all the lower fortifications toward the River St Charles, and batteries for battering in breach may be erected at any distance, as the walls are high and seen in many places to the bottom of the Ditch, there being no covered way or outworks and even the counterscarp wall not well finished, neither can a covered way be constructed, but at a great expense, on account of the scarcity of Earth and irregularity of the ground, besides that it must be crowded with traverses to prevent its being enfiladed. To make up in some measure the want of outworks, in the Winter 1759, I erected a line of Blockhouses within musquet shot of the capital wall to secure the body of the place against surprises, such outworks are proof against Musquetry only. The Walls are built of an irregular unwrought stone and in many places the work is very badly executed as was sufficiently visible from the effect of the fire from the French batteries in 1760. The Gates are ill placed and not defended. St Louis Gate is so near the right face of the Bastion of the same name, that it is beneath its fire, and the opposite flank can have but very little fire on it, that of St Johns has the same fault, being too near the left flank of St Johns Bastion. The Palace gate is not much better constructed, and in general this whole front of the place, which indeed is the only fortified one, is enfiladed from the other side of the River St Charles. The Wall from Bastion Lapotasse to Palace gate, is pierced with loop holes, and is good in its kind. The Barracks which are built against it being also provided with loop holes serve as a second fire. This Wall is continued to K and is built upon a Rock. From K to L is a very bad stockade on the top of an accessible rock, with one small stockaded place of arms. This is the part of the Town most exposed to a coup de main. From L to T there is a high Wall with a wooden gallery behind it, to serve as a banquette, and beneath it is a sally port to communicate with the lower Town. From T to the saut au Matelot is a wall begun but carried no higher than Man is able to step upon it, there are some plat-forms for Cannon and Mortars. From M to M (sic) is the Royal Battery commanding the River St Laurence and built upon an inaccessible rock adjoining to the Bishop's palace, part of which was taken in during the late siege to defend the communication from the lower to the higher Town, which was also defended by some Cannon planted at O. From O to P takes in Fort St Louis and a nine gun battery; it is by nature inaccessible except two small paths shewn in the plan. Fort St Louis is of no defense being the remains of the earliest fortifications erected there. From P to Q the Citadel or Redoubt of Cape Diamond, is a quick or rather steep ascent, defended by a stockade only. Betwixt this Redoubt and the Bastions of La Glaciere and Cape Diamond is a commanding grownd overlooking the whole Town and Fortifications. This grownd I judge very proper for the construction of a Citadel. SESSIONAL PAPER No. 18 From Q to R the same sort of stockade is continued, and from R to Cape Diamond there is a Wall with loop-holes, defended by two small flanks with Cannon. The rocky hill under these parts is very high, but accessible and in many places cover'd with brush, by the help of which small parties might advance to the very stockades. The lower Town is only cover'd by a Stockade and some batteries; The Batteries marked q are to defend the road and annoy the shipping in passing the Town. The Batteries t, are for the same purpose. They serve likewise to flank the lower Town and the other Batteries. From the above report and annexed Plan1 it appears that the Enceinte of Quebec is very large and would require a very strong Garrison to defend it tho properly fortified That at present it is open on two sides, has no out works not even a cover'd way nor hardly a ditch, for the foot of rotten walls is to be seen from most of the Environs at the distance of 500 Yards. That the whole Rampart is enfiladed from the other side of the River St Charles, and that in its present situation, with a Garrison of 3000 Men it is not proof against a well conducted Coup de Main. Any temporary works that can be added, would be of little signification, as matters now stand; and to fortify the place upon the old plans is by no means adviseable, the situation never can be render'd strong, and the attempt must cost an immense sum I therefore am of opinion that if His Majesty shall think proper to be at the expense of strengthening Quebec, the most effectual method will be to erect upon the rising ground of Cape Diamond, a Citadel which will answer every purpose of the Towns being strongly fortified, may be defended 4 months at least by a small garrison, awe the Inhabitants, whose fidelity in case of an attack we cannot for some Years rely on, and secure our Magazines. The Ground I propose for this Citadel commands the whole Town and is commanded no where from the Country; in short it possesses every advantages to be wished for, and at a small expense may be fortified, as the Inhabitants of the Country and the Troops in the time of peace may contribute their labor towards it gratis ; to this the former can have no objection as they were on all occasions formerly liable to Military services and were all allow'd only provisions. I order'd Captain Holland to take an accurate survey of the ground and have the honor herewith to transmit the several plans he has drawn in consequence. I cannot slip the opportunity of recommending this Gentleman to Your Lordship's notice-He came to this Country in 1756, and ever since the siege of Louisbourg I have been myself a witness of his unwearied endeavors for the King's service, in a word, He is an industrious brave Officer, and an intelligent Engineer, in which capacity he would be desirous, and deservedly merits to be advanced. Jacques Cartier. This is a small facine fortification upon Cape Sauté, begun by the French during the Campaign in 1759, but not completed 'till the retreat of their Army after the action of the 13th September. This post served them as a frontier all that ensuing winter, commands the River Jacques Cartier, towards which from the situation of the Ground, it is extremely strong, but it is not capable of the least resistance, if attacked on the other side-It is of no use to us at present, as it no where commands ye main River. Deschambeaux. About four leagues above the Jacques Cartier, is the point Des Chambeaux-This place may be fortified to very good advantage, and in my opinion, is the strongest and most important post in the Country. It naturally divides the whole into two parts, is the only road or avenue from lower to upper Canada, on this side of the St Laurence, and commands the rapids of Richlieu; by erecting batteries on the small island of that name, and some fortifications on the South shore the passes by Land and by Water may be rendered equally difficult, which is better explained by the survey and plan of the fortifications hereto annexed. 1 Plan not given. 6-7 EDWARD VII., A. 1907 3. STATE OF THE GOVERNMENT UNDER THE FRENCH ADMINISTRATION. The Governor General was Chief in all Military, and the Intendant in all Civil, affairs; The latter superintended the justice, police and finances of the Government, he heard and judged difinitively in all trifling causes; appeals from the inspector of Highways were referred to his decision; he issued regulations for the police of Town and Country, and emitted his ordonnances, fixing a price upon all kinds of provisions at his will and pleasure. For the easier administration of justice, He commissioned three sub-delegates, residing at Quebec, Montreal, and Three Rivers, who took cognizance of such matters as were not very intricate, but from their judgements the parties might appeal to the Intendant. The Prevôte of Quebec was a Court of Justice, composed of a Lieu General, a Lieutenant particulier, a procureur du Roy or Kings Attorney; they judged all matters Civil in the first instance, and all appeals from their sentence were brought before the Counseil Superieur, the Prevôte likewise took cognizance of appeals from the private jurisdictions, which could be carried again from this Court before the Conseil Superieur. In capital crimes, or such as deserved severe penalties, the Lieu General called into his assistance two of the most eminent Lawyers, but still their sentence could not be carried into execution, untill the same was confirmed by the Conseil, at which seven of the members at least must be present Attending this Court were six Notaries public a Clerk and six Huissiers, of which one was Cryer. The Governments of Trois Rivieres and Montreal had each their Lieu General, a Kings Attorney, Clerk Notaries and Huissiers. From these several Courts, appeals were brought before the Conseil Superieur, established at Quebec, composed of a first Counsellor who generally presided, and eleven others, of which one or two were priests, these never were present in Criminal matters; The other Officers attending this Court were an Attorney General, a Chief Clerk, and a premier Huissier. At Quebec was also a Court of Admiralty, consisting of a Lieu General, Commission'd by the high Admiral of France, a King's Attorney, a Clerk and Huissier, this Court took cognizance of Maritime affairs, and appeals from thence were carried before the Conseil Superieur. There was also an Inspector of the High Roads or Grand Voyer, who had the regulation of all matters relative to them, difficulties which arose from this Officers regulations were decided by the Intendant. The only Laws were the Kings Edicts or the Arrets of his Council of State, register'd at the Council Superieur, and the Intendants ordonnances-In matters of property they follow'd the customs of Paris, but in marriage settlements they were at liberty to follow the Custom of any other province in that Kingdom. The age of Majority was fixed at 25, but at 18 or upon marriage, the Council granted them Letters of emancipation, which intitled them to enter immediately into the enjoyment of the moveable and incomes of their estates-Guardians were chosen by an assembly of seven of the nearest relations of the minors, and for want of these, of so many of their friends.—A public act is drawn out, of this transaction, which is register'd and the person elected is sworn to administer faithfully. Fiefs. 1st The tenure of Lands here is of two sorts The fief or seigneuriesThese lands are deemed noble, on the demise of the possessor, his eldest son inherits one half, and shares with the other Children in the remainder, if any of these die without posterity, the Brothers share the portion of the deceased, exclusive of their sisters; The purchasers of these fiefs enter into all the privileges and immunities of the same, but pay a fifth of the purchase money to the Sovereign who is Lord of the Soil. By Law the Seigneur is restricted from selling any part of his Lands that is not clear'd, and is likewise obliged, (reserving a sufficiency for his own domain) to concede the remainder to such of the Inhabitants as require the same at an annual rent not exceed |