SESSIONAL PAPER No. 18 Majesty and the realm: for a very great and necessary distinction, as it appears to me, must be taken between the profession of the worship of the Romish religion, according to the rites of it, and its principles of church government. To use the French word, the culte, or forms of worship or rituals, are totally distinct from some of its doctrines ; the first can, may, and ought, in my humble opinion, in good policy and justice to be tolerated; the second cannot be tolerated. The twenty-seventh article of the capitulation for the surrender of Montreal, and the whole province of Canada, which is on the demanding part of the Canadians, best explains their own meaning and that of the treaty; the words are, Demanded, that the free exercise of the Roman catholic religion shall subsist entire, in such manner, that all the people shall continue to assemble in churches, and to frequent the sacraments as heretofore, without being molested in any manner, directly or indirectly.' And so far (taking this to be the true sense of the treaty demonstrated by those who are to have the benefit of it, agreeably to their petition) I think a British act of parliament may go in terms for the toleration of the form of worship, in manner and degree, without breach of the fundamental laws of the constitution; and it is a sufficient answer to all the world, to say, the contracting parties have the stipulation executed in the manner exactly as demanded, and no other. But in a question of this kind, before it can be said that the whole system of the church of Rome, not only of its ceremonies, but of its doctrines, can be tolerated by the laws of England, antecedent to the conquest and treaty, which refers back to them, it must be considered what the system of the Romish church actually is; not only as controuled in France by the sovereign and civil power, but as the great political system of the court of Rome with all its pretensions. With respect to the ritual, it is calculated for the eyes and the ears of an ignorant multitude, and not for the head or the heart, while it is in an unknown tongue. Yet such as it is, there is no great political consequential evil can follow from this culte, or mode of worship, being suffered to remain among such a people. It is innocent enough; and it would be cruel as well as unjust, to deprive them of the pleasure and comfort of religious rites in their accustomed way. The exercise of the Romish worship being therefore politically fit to be tolerated in Canada, the question is, is it equally fit to tolerate all the doctrines of the Romish church, or the ecclesiastical establishments, and powers for the support of the doctrines? To this I answer no: and for this plain reason, because the Romish religion itself (of which the conduct of France in many instances in history, with respect to conquered places, affords sufficient example) will neither tolerate nor be tolerated. In some of the articles of its system, on the presumption of its being the dominant system among the several states of Europe professing Christianity, it will give no quarter, and therefore it cannot take it without the destruction of the giver. In order to judge politically of the expediency of suffering the Romish religion to remain an established religion of the state in any part of your Majesty's dominions, the Romish religion (I mean its doctrines, not its ceremonies) ought to be perfectly understood." * * * * * * * * 1 See Articles of Capitulation, Montreal, p. 14 & 25. 2 The remainder of this report, as explained in note 1, p. 310, is omitted. 18-3-22 6-7 EDWARD VI A. 1907 CRAMAHÉ TO DARTMOUTH.1 QUEBEC 22 June 1773. MY LORD Your Lordship is pleased to mention in your Dispatch No. 4.," that the Civil Constitution and other necessary Arrangements for this Province were under the Consideration of His Majesty's Privy Council; I most sincerely wish for the Good of the King's Service, and the Happiness of the People, that Matter may be soon brought to a final Conclusion It has ever been my Opinion, I own, that the only sure and effectual Method, of gaining the affections of His Majesty's Canadian Subjects to His Royal Person and Government, was, to grant them all possible Freedom and Indulgence in the Exercise of their Religion, to which they are exceedingly attached, and that any Restraint laid upon them in Regard to this, would only retard, instead of advancing, a Change of their Ideas respecting religious Matters; by Degrees the old Priests drop off, and a few years will furnish the Province with a Clergy entirely Canadian; this could not be effected without some Person here exercising Episcopal Functions, and the Allowance of a Coadjutor will prevent the Bishop's being obliged to cross the Seas for Consecration and holding Personal Communication with those, who may not possess the most friendly Dispositions for the British Interests I am happy in the Approbation my Conduct in regard to the Franciscan Friar has received, and the manner, in which Your Lordship is pleased to express yourself on the Occasion, calls for my very sincere and hearty Thanks-3 I have the Honor to be with the greatest Respect Earl of Dartmouth My Lord! Your Lordship's Most Obedient and H. T. CRAMAHÉ One of His Majesty's Principal Secretaries of State. LIEUT-GOVR. CRAMAHÉ, SIR, DARTMOUTH TO CRAMAHÉ.+ WHITEHALL December 1st 1773. Your Dispatches numbered from 4 to 10 inclusive have been receiv'd and laid before The King, and I have the Satisfaction to Acquaint you that the Affairs of Canada & the arrangements necessary for the adjustment of whatever regards the Civil Government of the Colony are now actually under the immediate Consideration of His Majesty's Servants, and will probably be settled in a very short Time. 1 Canadian Archives, Q9,p.51. William Earl of Dartmouth succeeded Lord Hillsborough as Secretary of State for the Colonies in August 1772. According to the official entry, "The Earl of Hillsborough Resigned the Seals on the 13th Augt: 1772 and the Earl of Dartmouth Received the Seals the following Day." Q12 A,p.105. He retained the office till the beginning of 1776. This was the Lord Dartmouth who formed the famous collection of Mss. known as "The Dartmouth Papers," in which many important documents relating to the American colonies, including Canada, are preserved, and from which several important papers in the present volume are copied. 2 Referring to Dartmouth's despatch of Dec. 9th, 1772. See Canadian Archives, Q 8, p. 220. 3 Referring to Cramahe's action in the case of an Irish Franciscan friar who came to Quebec from the island of St. Johns (Prince Edward Island) seeking employment which Cramahé refused; but paid his passage to Europe. See Cramahé to Dartmouth, Nov. 11th, 1772; Q 9,p.4. Also Dartmouth's approval, Q 9, p.7. Canadian Archives, Q 9,p.157. SESSIONAL PAPER No. 18 You may be assured that I will not fail in this Consideration to urge the Justice and Expediency of giving all possible Satisfaction to the new Subjects on the Head of Religion; and to endeavour that the Arrangements with regard to that Important part of their Interests be established on such a Foundation that all Foreign Jurisdiction be excluded, and that those professing the Religion of the Church of Rome, may find within the Colony a resource for every thing essential to the free Exercise of it, in the true Spirit of the Treaty. The Limits of the Colony will also in my Judgement make a necessary part of this very extensive Consideration. There is no longer any Hope of perfecting that plan of Policy in respect to the interior Country, which was in Contemplation when the Proclamation of 1763 was issued ;1 many Circumstances with regard to the Inhabitancy of parts of that Country were then unknown, and there are a Variety of other Considerations that do, at least in my Judgement, induce a doubt both of the Justice and Propriety of restraining the Colony to the narrow Limits prescribed in that Proclamation. His Majesty's Subjects therefore may with confidence expect that an Attention will be shewn to their wishes in this respect, and such Attention is more particularly due to them from the great Candour & Propriety of their Proceedings upon the Application from Governor Tryon for continuing the Line of 45 from Lake Champlain to the River St. Lawrence.2 The Ordinance providing for the Administration of Justice in Mr. Hey's absence," appears in the general view of it, to be conformable to what was wished on that head, but I shall avoid entering into any particular consideration of it until Mr. Hey's Arrival. I am to presume that nothing was left undone that could be effected to bring Mo Ramsay to that Punishment his atrocious Crime deserved, and I lament his Escape the more from the account I have received from Sir William Johnson of other murthers committed near Niagara, and particularly of the Murther of Four Canadian Traders by some Seneca Indians. Your Conduct in regard to the Complaints of the Indians of Sault St. Louis and the Lake of the Two Mountains, and your Humanity in assisting them in their Distress, are very much approved by the King, who wishes that every step may be taken with regard both to his new Subjects and to the Savages in connection with them, that may have the effect to attach them more closely to the British Interests. Mo'. Baby..one of His Majesty's new subjects lately arrived here from Canada, has delivered me a Letter from them, inclosing a Petition to The King on the subject of their present precarious situation: This Petition has been presented to His Majesty, 1 The reasons for this plan are given in the Report of the Lords of Trade to the King in Council, Aug. 5th, 1763. See p.110. The same subject was discussed in 1767, with reference to the reasonable claims of all the American Colonies to the unorganized territory in their rear. See Shelburne to Lords of Trade Oct. 5th, 1767. Calendar of Home Office Papers, 1766–69, No.568. 2 Referring to the proceedings as recorded in the Minutes of Council at Quebec, with reference to the proposals received from Governor Tryon of New York to complete the boundary line. See Minutes of Council, 8th, Feb. and 22nd Feb., 1771; Q 8, p.41 & 46. See also, correspondence and proceedings of Council; Q 9, pp. 91,96 & 106a. The agreement subsequently reached between Sir Henry Moore, successor to Governor Tryon, and the Commander in Chief of Quebec, fixed the boundary at latitude 45, as laid down in the Proclamation of 1763. This agreement was ratified by the King in Council. 3 In a letter to Lt. Governor Cramahé, April 10th, 1773, Dartmouth enclosed "a Sign Manual of His Majesty" permitting Chief Justice Hey to return to Britain, on account of his health, and indicating that, should he avail himself of the privilege, the Lt. Gov. might pass a temporary ordinance to provide for the discharge of his duties by a commission. See Q 9,p.15, also p. 70. This was accomplished by an ordinance entitled, An Ordinance, For establishing a Court of Appeals during the absence of the present Chief Justice, and for Ascertaining the Powers of the Commissioners for Executing the Office of Chief Justice." Q9,p.111. 4 Ramsay was accused of the murder of an Indian near Niagara and his trial was appointed for Sept, 1773: See Q 9, p.34. Cramahé subsequently reports that he was acquitted for lack of evidence and that his acquittal had a bad effect upon the Indians. He refers also to the murder of Canadians by the Senecas: See Q 9, p.106. 5 The Indians of Sault St. Louis and Lake of Two Mountains complained of the unsettled boundaries of their reserves, and also of the rum traffic. See Cramahé to Dartmouth, Q 9,p.34. 18-3-22 6-7 EDWARD VII., A. 1907 and most graciously received, and is ordered by His Majesty to be referred to the Consideration of His Majesty's Confidential Servants, together with the other Papers relative to the State of that Colony. I am &ca DARTMOUTH MASERES TO DARTMOUTH.1 INNER TEMPLE. Jan. 4, 1774. MY LORD, I herewith send your Lordship some papers which I have received within these few days from Quebeck, containing an account of the proceedings of the principal English inhabitants of the town of Quebeck concerning a petition they have presented to the Lieutenant-Governour and Council for a General assembly of the freeholders of that province. They intend upon the Lieutenant-Governour's refusal of their petition, (which they expect,) to present it to his Majesty in Council. They have accompanied these papers with a civil letter to me, in which they declare they believe me to have the welfare of that province much at heart; which is indeed most true. I have sent your Lordship a copy of that letter; but can assure your Lordship that I have had no hand (be it a right measure or a wrong one,) in exhorting them to make this application for an assembly, and did not in the least know that they intended it till I received these papers. I told Mr. Thomas Walker and Mr. Macaulay, two of the Committee for preparing this petition, when I saw them last Winter in London, that I thought that a legislative council, consisting only of protestants, and much more numerous than the present, and made perfectly independent of the Governour, so as to be neither removeable nor suspendible by him upon any pretence, but only removeable by the king in Council, would be a better instrument of government for that province than an assembly, for seven or eight years to come, and until the protestant religion and English manners, laws and affections shall have made a little more progress there, and especially than an assembly into which any Catholicks should be admitted. But as they have desired me to communicate this account of their proceedings to your Lordship, I have therefore sent them to you. I am almost well of the hurt in my leg which I received on the 10th of November and which has confined me to my room almost ever since: and can now go out in a coach or chair, though I cannot walk yet: and therefore am ready to wait upon your Lordship whenever you may think that my attending you may be of any service in the business of the province of Quebeck, which I hear is now in hand. Your Lordship may command any thing that I can do further towards promoting so good a work. I remain, with great respect, Your Lordship's most Obedient (Original) and humble servant FRANCIS MASERES. Endorsed :-To The Right Honble the Earl of Dartmouth, in Charles Street, near St. James's Square. 1 Canadian Archives, Q 10, pp.8-16. The documents which follow, with such variations as are noted, are given also in Maseres "An Account of the Proceedings of the British, And other Protestant Inhabitants, of the Province of Quebeck, in North America, In order to obtain An House of Assembly In that Province." London; MDCCLXXV.pp.4-10. This letter to Dartmouth, however, which introduces the account of the proceedings, and which explains Maseres' own attitude towards the proposal for an Assembly, is not given in that volume. 2 See the letter from Cramahé to Dartmouth which accompanies these petitions, p.343. 3 See below, p.343. SESSIONAL PAPER No. 18 At a meeting of the British Inhabitants of the province of Quebec at the house of Miles Prenties Innholder in the upper Town Quebec 30th October 1773-being Saturday. Mr. John McCord on holding up hands was chosen president. The first question, Whether it is not expedient to petition for a house of Assembly. Answer-Yeas 38-to 3 nays. Resolved That a Committee of eleven be appointed and that seven of said number may be esteemed a full Committee (in case any of the Gentlemen named should be sick or out of Town) to draw up a Petition and lay it before another general meeting. And the following Gentlemen were accordingly regularly voted to form the said Committee viz William Grant Anthony Vialars Peter Fargues Jenkin Williams Thomas Walker John Lees Zachary Macaulay John McCord The Committee then appointed to meet at Mr. Prenties's on Tuesday next at four o'Clock in the afternoon. Malcolm Fraser was chosen Secretary to the Committee. Resolved That a Copy of these Minutes be sent by the Committee to the Gentlemen of Montreal. 2 Nov 1773 At Prenties's A Majority of the Committee having accordingly met vizt. Thomas Walker Charles Grant John Lees John McCord William Grant Jenkin Williams The Committee judging it to be regular first to present a Petition to the Lieut. Governor in Council and not in the first Instance to the King have Resolved That a Petition be addressed and presented to the Lieut. Governor in Council and a Draft of such Petition having been accordingly framed— It was further resolved That it be translated into French and that some of the principal French Inhabitants be requested to meet the Committee at four o'clock on Thursday Evening next at Prenties's. Resolved that a Copy of the above proceedings with a Copy of the Petition above mentioned be transmitted to Montreal by next post and addressed to Mr. Gray to be communicated to the Inhabitants of Montreal Copy of a Letter of Invitation sent to the Canadian Gentlemen dated 2 Nov 1773.1 Messieurs-Les Affaires et la Situation actuelle de La Province ayant besoin que ses habitans y portent quelque attention Et nous sousignés ayant été nommés par une nombreuse assemblee des anciens sujets de sa Majesté comme un corps de Committé pour faire quelque chose a cet egard-Nous vous invitons de nous rencontrer au Taverne de Prenties Jeudi a quatre heures apres midi afin de vous communiquer nos idees et de scavoir les votres sur des matieres qui nous interessent egalement. Nous avons l'honneur d'etre &c N.B. This Letter was signed by the whole eleven members of the Committee and addressed To Messieurs De La Naudiere-De Rigauville, De Lery, Cugnet-PeraultDuchenay, Decheneaux-Tacherau-Compte du pres-Frémont-Perras-MarcouxBerthelot & Dufau of Quebec and to Mons' Tonnancourt of Trois Rivieres then at Quebec. 1 In the mss. copy this letter is placed after the entry of Nov. 8th, but in Maseres' "An Account of the Proceedings" &c. it is placed in the chronological order which is here adopted. |