SESSIONAL PAPER No. 18

posal not to fix upon an earlier day for his resigning the seals of the Province into my hands.

His Majesty and his Ministers, My Lord, are no strangers to the causes which in the years 1774 and 1775, assisted by national and religious prejudices (truly laudable in other parts of the empire) rendered the antient subjects residing in Canada, especially the natives and Emissaries of the other colonies, averse to the Act of Parliament which regulates the Province of Quebec.

It is equally known to His Majesty and Ministers, how far the same causes at the re-establishment of Peace, and after the departure of Gov1 Haldimand from the Province last year, engaged this same description of People to establish Committees as in 1774, and to renew Petitions against the present constitution of the Colony. To these causes, My Lord, was added a spirit of Party and faction fomented by various interests and resentments, and which I am warranted in pronouncing had little foundation in views for the public happiness or the liberty and welfare of the people.

It shall be my study therefore, Be assured My Lord, to discountenance and checque this spirit as far as in me lies, and to endeavour by moderation and impartiality to bring back all His Majesty's subjects to a sense of their duty and to a desire to promote the Tranquillity of the Province. The approbation of My Gracious Sovereign, the noblest reward which a faithfull and zealous subject can propose to himself, will be a constant inducement to persevere in the line of conduct which has procur'd it-To merit that approbation is my greatest ambition.

At the same time that I am sensible of the difficulties of my station and present Situation, I have satisfaction in informing Your Lordship, that the contagion of party and the desire of innovation (notwithstanding the Countenance which they have had, and the effects produced by the Emissaries who were sent by the Committees thro' many of the parishes,) can be said to have made but little progress amongst the Canadians in general. Those of them who have join'd in Petitions addresses &c are chiefly Burghers and shop keepers in the Towns of Quebec and Montreal, dependent upon the British Traders in their circumstances and with a very few exceptions by no means respectable in their characters. The Noblesse, the Proprietors of Lands and the secular Clergy, are sensible I believe of the advantages granted them by the Act of Parliament and consequently wish ardently the continuance of it. Bigotry and the influence of the Regular Clergy viz: "of the Seminaries of Quebec and Montreal and of the other Religious Communities made some respectable people among the Canadians join at first in the mission of Mess" Adhemar and De Lisle, in consequence of the expulsion from the Province of two Priests who were sent from the seminary of St Sulpice at Paris ; but they no sooner found that this measure was perverted to civil and Political purposes, than they became sensible of their error; and in the Petition to the King (of which Major Ross was the Bearer) they testified their disapprobation of an House of Assembly and the innovations consequent upon it. I would upon this occasion be more explicit my sentiments on the present system, if I did not know that His Majesty and Ministers may have the most ample information on that head from the General Officers who have since the conquest of the country had the honor to serve as Governors in it-The Generals Gage, Murray, Sir Guy Carleton and Gov' Haldimand are in England; their abilities and experience render them in an eminent degree competent to judge of the system which is best calculated to secure this Country, to promote the happiness of the people and to render it useful to Great Britain. Permit me only, My Lord, to suggest

in

1 Referring to the petition of Nov. 24th, 1784, and the work of the Committees of Quebec and Montreal in drawing up the Plan of a House of Assembly, and appointing an agent in London. See pp. 502 & 510 and note 1, p. 510.

2 See p. 517.

3 General Haldimand on his return to England drew up a memorandum respecting public matters in the Province of Quebec, which he submitted to the consideration of Lord Sydney. Among the topics discussed were those of Civil Affairs and Deputies from Canada. Under these heads he had this to say:-"6th. The Spirit of Opposition to every Measure which I have proposed in, or out of Council for the King's Service, has been so strongly manifested by some Members of the Legislative Council and by the Attorney General, particularly since Lieut. Governor Hamilton's arrival at Quebec, who has thought fit to place Himself at the Head of that Party, and the Infection has been so industriously spread by means of the Clergy, and other Agents, that I despair of seeing that mutual Confidence and Harmony subsist in the

6-7 EDWARD VII., A. 1907 with great deference an Opinion that provided the present system is persevered in without any further Parliamentary Interference, an Instruction or permission should be given to His Majesty's Governor or Commander in Chief for the time being, to recommend more than six Canadian Catholics for seats in the Legislative Council-for as this Body has authority to make alterations in the Laws, customs and usages of Canada the measure appears to me only consonant to equity and could not fail to have the best effects in reconciling the people to such alterations as it may be necessary to make, in the enacting of which an equal or at least a more proportionable number of their Countrymen shall have a voice. Some transactions in the last session of the Legislative Council to my knowledge created these just reflexions in the minds of many of the most moderate and intelligent Canadians-and I have reason to think that such an additional proof of His Majesty's Generosity and confidence would give great satisfac tion to the people of Canada, as it would in their opinion secure to their Posterity the Possession of their religion, laws and liberty. Another measure which in my humble conception will attach the Canadians still more firmly to His Majesty's Government, would be to establish a corps under certain regulations for the service of the Province officer'd chiefly by Canadians; which would hold out some provision for the younger branches of good families, (the want of which or of some similar resource I have heard them frequently lament,)-might be made to serve many useful purposes---would restore that martial spirit so congenial to their sentiments-and which would be also a Standard for the rest of the Country to repair to, when an enemy might threaten the frontier. I am aware My Lord that the Loyalists settled between Cataraqui and Montreal have been incited to ask, and have been encouraged to expect a Constitution of Government different from that establish'd in the other Parts of the Province, and that to meet this wish of theirs without at the same time creating jealousy in the other subjects of the Province will be the most embarassing point for Government in England to settle-but their Numbers are not so considerable nor their desire for a change of the present System so firmly rooted (I should hope) as to render such a measure necessary at least immediately; as otherwise I foresee that it will create a reasonable source of complaint among the Canadians.

I will in a future letter and when I shall have received the dispatches and Regulations announced to me in Your Lordships letter of the 16th August' have the honour to write more fully my sentiments of these and other matters

I have the honour to be My Lord with the utmost respect

Your Lordships

most Obedient and

faithfull humble servant

HENRY HOPE

The Right Honble Lord Sydney &c &c &c (original)

Council, or amongst the People, which is so indispensably necessary to the King's Service and well being of the Province, while these gentlemen remain in Office. The Instances I allude to are many, some of them, particularly the last, are upon record in the Minutes of the Council-This party is composed of the Lieut. Governor, Messrs Finlay, Grant, Allsopp, Cuthbert, DeLery and Levesque.'

"7th.

It is highly necessary to discountenance the Correspondence carried on by the People stiling themselves deputies from Canada, and supported by Mr. Maseres and others, applying for a change of Government by the Establishment of a House of Assembly and other changes entirely contrary to the Interests of the King and Happiness of His good Subjects in that Province. The Clergy, whose devotion to the Interests of France has of late been strongly manifested, are deeply engaged in this Party, & unless Measures are speedily taken to cheque the progress of it, so as to deter the Clergy from persisting, it will ultimately, be necessary to withdraw some of them from that Country.-" Q 25, pp. 306-308. Carleton afterwards submitted a Memoradum of 20th Feb. 1786, which showed a very great change of mind on his part, as he recommended the good policy of removing, unasked, every grievance or burden which would render the position of those in Canada inferior to that of their neighbours of the United States, in order to render any change of allegiance on the part of those in Canada undesirable. See Q 26-1. p. 53.

Here again he has mistaken the date of the letter referred to, which was that of Aug. 20th, already mentioned in note 1, p. 538, in which his appointment was announced and various instructions promised. See Q 25, p. 35.

SESSIONAL PAPER No. 18

Laws

MEMORIAL OF BRITISH MERCHANTS TRADING TO QUEBEC.1

The Committee of Merchants Trading to Quebec request the honor of waiting on Lord Sydney as early as convenient, respecting the inclosed -Regulations proposed for that Province.

New York Coffee house

8 February 1786

At a General Meeting of the Merchants of London Trading to the Province of Quebec held at the New York Coffee House

the 24th January 1786.

We the said Merchants whose Names are underwritten for ourselves and agreeable to the urgent and reiterated complaints and Applications of the Inhabitants of the province of Quebeck think it necessary and expedient that a Representation be made to his Majesty's Ministers of the distressed and deplorable State of that Province stating and submitting to them the following Measures which we humbly apprehend to be most likely to prove effectual for quieting the Minds of his Majesty's subjects there extending and securing the Commerce and protecting the property of the British Merchants.

Viz

The present Code of Laws, if the mixture of French and English Laws Constitution may be so call'd, not being well understood the Execution of them is subHouse of ject to much Difficulty and Uncertainty. among other Inconveniencies perAssembly sons often claim the Right of both and take the Advantage of that which best suits their purpose by these and other means the payment of Debts are evaded and right and property is rendered uncertain and insecure. The Losses the British Merchants have suffered from this evil within the last three years has occasioned the ruin of many and such is the present want of Confidence and want of Credit in consequence of these Disasters, that Common Ruin and General Distress must ensue if some effectual Remedy be not immediately applied.

From the Petitions delivered last Year to the Right Honorable Lord Sydney signed by upwards of 1800 of the principal Inhabitants from the Letters lately addressed to us from the Committees of Quebec and Montreal on this Subject (Copy's of which are hereto annexed) And moreover from our own Knowledge and the particular Information our Connections in that Country afford us, we are clearly and unanimously of opinion that for the Relief and Redress of these evils and the many other Defects of the present Constitution of that Government a provincial Legislature or House of Assembly Established on the principle as in every other British Colony in America will be effectual.

We are equally confident that it is the earnest wish and desire (whatever may have been represented to the Contrary) of the principal as well as the Generality of the Inhabitants of the province both old and new subjects (and to which the Loyal Refugees have also added their testimony by Petition) to be governed by British Laws to be made and administered according to the British Constitution-They found their Claim to it not

1 Canadian Archives, Q 26-1, p. 33. The points dealt with in this memorial indicate not only the chief political reforms required but also the chief points in Canada's external relations at this time. They foreshadowed the discussion for the next three years, and outlined the features dealt with in the extensive Report, or series of Reports of 1787,-the outcome of Carleton's instructions to undertake a systematic investigation of the condition of the Province.

? Referring particularly to the petition of Nov. 24th, 1784, presented in the spring of 1785; see p. 502. 3 See below pp. 544 and 545.

4 See p. 524.

Vermont

Newfound

land & The Corn Trade

Fishery.

Wine Fruit

& Olive Oil

6-7 EDWARD VII., A. 1907

only as British subjects but under his Majesty's special Proclamation of the 7th October 1763.

We conceive no other Form of Government will satisfy and quiet their Minds secure their Rights & protect our property--We therefore feel it our Duty to recommend in the most earnest manner this Measure to his Majesty's Ministers as the most essential for the Security and Prosperity of this valuable province and that that obnoxious and impolitick Law' the act for subjecting the British Subjects of Canada to a Government so repugnant to the Ideas of Britons and the British Constitution and was so often cry'd out against as one of the Causes of the Defection of the Neighbouring Colonies may no longer disturb the peace of the Loyal Subjects of this province

This new state which is already become very populous and which has no Sea ports but through this province must require considerable quantitys of European Manufactures for which to avoid the Duties and heavy Charge of transporting them by Land through the American States would naturally have recourse to Canada and prefer the British Manufactures to which they have been accustomed were the Communication allowed-We do not conceive such Communication under proper restrictions could be attended with any evil on the Contrary it must be productive of great Trade and Riches to the Province of Quebec and in consequence the increase of British Navigation and Commerce

Agriculture has been constantly improving in Canada ever since the Country has been under British Government in so much that the Exportation to the European Markets amounted the year preceeding the last War to upwards of Three hundred thousand Bushels of Wheat besides considerable quantitys of Flour and Biscuit sent to Newfoundland and the West Indies and although the necessary Consequences of the War was a temporary Impediment to its progress it has speedily revived again with the Re-establishment of Peace and the Crop of the last year we have undoubted Authority to assert will afford upwards of Two hundred Thousand Bushels of Wheat for Exportation--There can therefore be no doubt of this province being able sufficiently to supply the Newfoundland Fishery with Bread and Flour. The Merchants concerned in that Branch of Trade having particularly desired as the most essential means for the Security of the British Fishery to be precluded from any Commerce or Communication with the American Independent States alledging that the Licences now held out to them for importing provisions from thence will be a Cloke for purposes prejudicial to the Fishery and will be availed of by none but what have contraband views since such provisions can be had from the Mother Country or from Canada cheaper than from any of these States We therefore think it our Duty to second the request of those Concerned in the Newfoundland Fishery in order that the Province of Quebec may enjoy the Advantage of supplying its Sister Colony with those Articles of Provision which it is in its power so amply and effectually to do.2 That as the Merchants concerned in the Trade to Newfoundland have applied to Government for certain Regulations with respect to Duties Bounties & to countervail the Bounty lately granted by France for the Encouragement of the French Fisherys we conceive it will be equitable and equally beneficial to this Country that the same Advantages that may be granted to the Newfoundland Fishery should be extended to this and the other British Colonies in America.

The Importation of these Articles direct from the places of their growth in Spain and Portugal is also asked by the Newfoundland Merchants-We

1 Referring to the Quebec Act.

2 The question of the Newfoundland trade and fisheries was a subject of vigorous and prolonged discussion in the British Parliament and press at this time.

SESSIONAL PAPER No. 18

Bounties on

Other Lumber

the Merchants Trading to Quebec (who have repeatedly petitioned the Lords of the Treasury) therefore now renew our Application on this Head—1 The Inhabitants of Canada when under the French Government were accustomed to Red French Wine as their Common Beverage-the Duties on French Wine in England being so excessive high, the Red Wine of Catalona which is the nearest in point of quality was introduced from Two thousand five hundred to Three thousand Hogsheads of it have been imported into Canada annually-The great Expence of Freight and other Charges attending the bringing this Wine to England to Land, clear and reship for Canada is almost equal to the first Cost and Duty the original Cost being but thirty @ thirty five shillings p hogshead and the Duty Seventeen shillings and sixpence. It has been and must be the means of introducing a fraudulent Trade by which a great part of the Consumption is and will be supplied in French Wines which Trade will now be facilitated by the Independance of the neighbouring States and therefore we conceive in point of Revenue as well as for the Advantage of this Colony it would be proper to permit the Entry of Wine direct from Spain and Portugal on payment of the same Duties that would remain on it when exported from Great Britain-Fruit and Olive Oil we are also of Opinion should be permitted direct from the places of their Growth that the Inhabitants of British America may not be deprived the Advantage of these Articles the former of which in particular is in its Nature too perishable to undergo a double Voyage.

The Bounties on the Importation of Oak Timber Staves and other LumOak Timber ber having expired some years ago, this Branch of Trade has in ConseStaves & quence of this and the Interruption of the War been almost totally discontinued The Renewal of the said Bounties for a limitted time would we conceive be productive of the most Salutary effects in extending the Consumption of our Manufactures employing many Ships and saving great sums of Money annually paid to Foreigners particularly for Staves which are now imported only in Foreign Ships from Hamburgh and Stetin on this Subject we refer to our Memorial presented to the Lords of the Treasury the Beginning of the Year 1785.2

Hemp

While this province was under the Government of France-Considerable Quantitys of Hemp were raised-The Climate being extremely favourable and many of the Lands peculiarly adapted to the Growth of this Article we are of Opinion if a Bounty equal to what was given formerly to the American Colonies of £8 p ton was extended to this province it would be the means of reviving and promoting the Cultivation thereof to the mutual Advantage of both Countries

The Trade from Montreal to the Indian Country by far the most considerable in the province is greatly impeded for want of proper Vessells to transport the property over the Lakes the same during the War having been restricted to Kings Vessels which still continues And we are of opinion this inconvenience can only be removed by allowing the Traders to build Vessels for themselves under such Regulations as may be thought proper this was permitted before the War and no Inconvenience was found to arise there-from on the Contrary it was a great Security to the Kings Garrisons for in case of any accident to the Vessels-they have recourse to those belonging to the Traders

1 Under the Colonial policy embodied in the Navigation Acts of the time, not only must such limited trade as was permitted with foreigners be conducted exclusively in British ships, but the trade must pass through British ports and not directly between a foreign country and colonial ports.

2 The Colonial timber trade and the bounties thereon grew to be a matter of much controversy for the next half century.

The ostensible object of prolonging the regulation adopted during the Revolutionary War, of requiring all transport on the upper lakes to be conducted in government vessels, was to prevent the fur trade from falling into the hands of the Americans. The Canadian merchants engaged in the trade continually protested against the regulation as unnecessary, expensive and vexatious.