SESSIONAL PAPER No. 18

A MEMORIAL OF THE FOREGOING FRENCH PETITIONERS IN SUPPORT OF THEIR PETITION.

'Mémoire pour appuyer les demandes des très soûmis et très fidéles nouveaux sujets 'de sa majesté en Canada.

L'Augmentation d'un si vaste pais, tel qu'il étoit lors du gouvernement François 'dont le nombre des habitants excéde actuellement plus de cent milles âmes, dont les 'dix-neuf vingtiémes sont nouveaux sujets ;- - l'avancement de son agriculture ;- — l'encouragement de sa navigation et de son commerce ;- un arrangement à faire 'sur des fondements inébrantables, qui puisse déraciner la confusion qui y regne, faute 'de loix fixes et autorisées ;--- sont des points présentement en considération qui sont 'dignes de la sagesse du gouvernement.

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'La conservation de nos anciennes loix, coûtumes, et priviléges, dans leur entier, (et qui ne peuvent être changées ni altérées sans détruire et renverser entiérement nos titres et nos fortunes,) est une grace et un acte de justice que nous espérons de la 'bonté de sa majesté.

'Nous demandons avec ardeur la participation aux emplois civils et militaires 'L'idée d'une exclusion nous effraye. Nous avons prêté à sa majesté et à l'auguste 'famille d'Hanovre le serment de fidélité le plus solemnel: et depuis la conquête nous nous sommes comportés en fidéles sujets. Enfin nôtre zèle et nôtre attachement nous 'feront toûjours sacrifier nos jours pour la gloire de nôtre souverain et la sûreté de l'état.

La colonie, telle qu'elle est fixée maintenant par la ligne de quarante cinq degrés, 'est trop resserrée dans ses limites.1 Cette ligne, qui la borne, passe à environ quinze 'lieues au dessus de Montréal et cependant c'est de ce seul côté que les terres se trouvent fertiles, et que peut s'étendre avec plus d'avantage l'agriculture. Nous supplions que, comme sous le tems du gouvernement François, on laisse à nôtre colonie 'touts les païs d'enhaut connus sous les noms de Missilimakinac, du Détroit, et autres adjacents jusques au fleuve du Mississippi. La ré-union de ces postes seroit d'autant 'plus nécessaire à nôtre païs que, n'y ayant point de justice établie, les voyageurs de 'mauvaise foi, auxquels nous fournissons des marchandises pour faire le commerce avec 'les sauvages, y restent impunément avec nos effêts; ce qui ruine entiérement cette 'colonie, et fait de ces postes une retraite de brigands capables de soulever les nations sauvages.3

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'Nous désirons aussi qu'il plût à sa majesté re-unir à cette colonie la côte de La'brador, (qui en a été aussi soustraite,) telle qu'elle y étoit autrefois. La pesche du loup 'marin (qui est le seule qui se fait sur cette côte,) ne s'exerce que dans le fond de l'hyver, et ne dure souvent pas plus d'une quinzaine de jours. La nature de cette pesche, qui n'est connuë que des habitants de cette colonie ;➖➖➖ son peu de durée ; et la rigueur de la saison, qui ne permet point aux navires de rester sur les - combinent à exclurre touts les pescheurs qui viennent de l'Angleterre. Nous représentons humblement que cette colonie, par les fléaux et calamités de la guerre et les requents incendies que nous avons essuiés, n'est pas encore en état de payer ses depenses, et, par conséquent, de former une chambre d'assemblée. Nous pensons qu'un conseil plus nombreux qu'il n'a étè jusques ici, composé d'anciens et nouveaux sujets, seroit beaucoup plus à propos.

' côtes ;

1 See note 2, p. 339.

2 For the considerations which prevailed in fixing the boundaries of the Province of Quebec in 1764, see the Papers relating to the Establishment of Civil Government; p. 105 & pp. 110-111.

3 Both the French and British elements in Quebec favoured an extension of the boundaries of the Province as a means of placing in their hands a monopoly of the trade with the western Indians. The problem of the regulation of the Indian trade was the occasion of a great many despatches and reports with the most varied proposals. One of the most comprehensive presentations of the situation, as it affected all the northern colonies interested in the western trade and settlement, was furnished in a communication from Lord Shelburne to the Lords of Trade, dated Oct. 5th, 1767, including the views of Sir Jef. Amherst and Gen. Gage, together with all other papers available which might throw light on the subject. See Calendar of the Home Office Papers, 1766-69, No. 568.

6-7 EDWARD VII.. A. 1907

'Nous avons lieu d'esperer des soins paternels de sa majesté, que les pouvoirs de ce conseil seront par elle limitées, et qu'ils s'approcheront le plus qu'il sera possible, à la douceur et à la modération qui font la base du gouvernement Britannique.

Nous espérons d'autant mieux cette grace que nous possédons plus de dix dou ziémes des seigneuries et prèsque toutes les terres en rotures.

'Fr. Simonnet, &c., &c."1

Translation of the foregoing Memorial in Support of the Requests made by his Majesty's most obedient and most faithful new Subjects in Canada, in their Petition abovementioned.

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'The improvement of so vast a country as Canada is, if considered as having the same boundaries as it had in the time of the French government; a country in which 'there are at present more than an hundred thousand inhabitants, of whom more than nine'teen in twenty are new subjects of the king ;– – the increase of agriculture in this 'country; the encouragement of its trade and navigation ;- a settlement of 'the laws by which its inhabitants are to be governed, built upon solid and immove'able foundations, so as to remove and cut up by the roots the confusion which at present overspreads the province in consequence of the want of clear and known laws established by an incontestable authority ;--- are points which are now proposed to the consider'ation of the British government, and are worthy objects of its attention and wisdom.

'The continuance of our ancient laws, customs, and privileges, in their whole extent, '(because it is impossible to change or alter them without destroying and totally over'throwing our titles to our estates and our fortunes;) is a favour, and even an act of 'justice, which we hope for from the goodness of his majesty.

We ardently desire to be admitted to a share of the civil and military employments 'under his majesty's government. The thought of being excluded from them is fright'ful to us. We have taken the most solemn oath of fidelity to his majesty and the 'august family of Hanover: and ever since the conquest of the country, we have behaved like loyal subjects. And our zeal and attachment to our gracious sovereign will make 'us always ready to sacrifice our lives for his glory and the defence of the state.

'The province, as it is now bounded by a line passing through the forty-fifth degree 'of north latitude, is confined within too narrow limits. This line is only fifteen leagues 'distant from Montreal. And yet it is only on this side that the lands of the province 'are fertile, and that agriculture can be cultivated to much advantage. We desire 'therefore that, as under the French government our colony was permitted to extend 'over all the upper countries known under the names of Michilimakinac, Detroit, and ' other adjacent places, as far as the river Mississippi, so it may now be enlarged to the same extent. And this re-annexation of these inland posts to this province is the more 'necessary on account of the fur-trade which the people of this province carry on to 'them; because, in the present state of things, as there are no courts of justice whose 'jurisdiction extends to those distant places, those of the factors we send to them with our goods to trade with the Indians for their furs who happen to prove dishonest continue in them out of the reach of their creditors, and live upon the profits of the goods 'entrusted to their care: which intirely ruins this colony, and turns these posts into 'harbours for rogues and vagabonds, whose wicked and violent conduct is often likely 'to give rise to wars with the Indians.

We desire also that his majesty would be graciously pleased to re-annex to this 'province the coast of Labrador, which formerly belonged to it, and has been taken 'from it since the peace. The fishery for seals, which is the only fishery carried on 'upon this coast, is carried on only in the middle of winter, and sometimes does not last ' above a fortnight. The nature of this fishery, which none of his majesty's subjects 'but the inhabitants of this province understand; the short time of its continuance; and

1 There follows the same list of names as that appended to the petition which precedes.

SESSIONAL PAPER No. 18

'the extreme severity of the weather, which makes it impossible for ships to continue 'at that time upon the coasts; are circumstances which all conspire to exclude any 'fishermen from Old England from having any share in the conduct of it.

'We further most humbly represent that, by means of the ravages and calamities 'of the late war, and the frequent fires that have happened in our towns, this colony is 'not as yet in a condition to defray the expences of its own civil government, and con 'sequently not in a condition to admit of a general assembly. We are therefore of 'opinion that a council that should consist of a greater number of members than that 'which has hitherto subsisted in the province, and that should be composed partly of his 'majesty's old subjects, and partly of his new ones, would be a much fitter instrument ' of government for the province in its present state.

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We have reason to hope, from the paternal care which his majesty has hitherto 'shewn for our welfare, that the powers of this council will be restrained by his majesty 'within proper bounds, and that they will be made to approach as near as possible to 'the mildness and moderation which form the basis of the British government.

'We hope the rather that his majesty will indulge us in the above requests, because we possess more than ten out of twelve of all the seigniories in the province, and almost 'all the lands of the other tenure, or which are holden by rent-service.

Fr. Simonnet, &c. &c.'

CASE OF THE BRITISH MERCHANTS TRADING TO QUEBEC.1

The proclama

1763.

The Case of the British Merchants trading to Quebeck, and others of his Majesty's natural-born Subjects, who have been induced to venture their Property in the said Province on the Faith of his Majesty's Proclamation, and other Promises solemnly given.

The king's most excellent majesty was graciously pleased, by his royal tion of October proclamation of the seventh of October, one thousand seven hundred and sixty-three, passed under the great seal of Great-Britain to invite his loving subjects, as well of his kingdoms of Great-Britain and Ireland, as of his colonies in America, to resort to the said province of Quebeck, and the other provinces then lately ceded to his majesty by the French king, in order to avail themselves, with all convenient speed, of the great benefits and advantages that must accrue therefrom to their commerce, manufactures, and navigation; and as an encouragement to them so to do, to publish and declare, that his said majesty had, in the letters patent under the great seal of Great Britain, by which the new goverments in the said ceded countries had been constituted, given express power and directions to his governours in the said new colonies, that so soon as the state and circumstances of the said new colonies would admit thereof, they should summon and call general assemblies within the said governments, in such manner and form as is used and directed in those colonies and provinces in America which were under his majesty's immediate government; and that his majesty had also given powers to the said governours, with the consent of his majesty's councils of the said province, and the representatives of the people in the same, so to be summoned as aforesaid, to make,

was

1 According to Maseres, this presentation of the case of the British merchants in London, drawn up at the desire of the said merchants, in the month of May last, at the time of passing the late Quebeck bill, and of which printed copies were distributed to several members of both houses of parliament, in order to give weight to a petition against that bill which these merchants at that time presented to the House of Commons in behalf of themselves and their correspondents and friends, the British inhabitants of the province of Quebeck." "An Account of the Proceedings" &c., p.201. The petition here referred to was presented in the House of Commons by Mr. Mackworth on May 31st. See Cavendish's Debates on the Quebec Bill, pp.74-75. The "Case" as here given is taken from Maseres' "An Account of the Proceedings " &c., p.202. Another copy, evidently from the same source, is given in the Dartmouth papers, M 385, p.393. There is no doubt, from the style of the document, that Maseres was employed by the merchants to state their case in due form.

2 See p.119.

Provincial ordinance of

6-7 EDWARD VII., A. 1907 constitute and ordain laws, statutes, and ordinances for the publick peace, welfare, and good government of his majesty's said colonies, and of the people and inhabitants thereof, as near as may be agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies; and was pleased further to declare, that in the mean time, and until such assemblies could be called as aforesaid, all persons inhabiting in, or resorting to, his majesty's said colonies might confide in his majesty's royal protection for the enjoyment of the benefits of the laws of England; and that for that purpose his majesty had given power, under the great seal, to the governours of his majesty's said new colonies, to erect and constitute, with the advice of his majesty's councils of the said provinces respectively, courts of judicature and publick justice within the said colonies, for the hearing and determining all causes, as well criminal as civil, according to law and equity, and as near as may be, agreeably to the laws of England.

And in pursuance of the said proclamation, and of the commission of captain-general and governour in chief of the said province of QueSept. 17, 1764. beck, granted to major-general Murray,' in the following month of November, one thousand seven hundred and sixty-three, and by him received and published in the month of August of the following year, one thousand seven hundred and sixty-four, the said major-general Murray did, with the advice of his majesty's council of the said province, make and publish an ordinance of the said province on the seventeenth day of September, in the same year, one thousand seven hundred and sixtyfour, for erecting and constituting courts of judicature; and by the said ordinance did erect two principal courts of judicature, called the Courts of King's Bench, and Common Pleas ; and did by the said ordinance give power and authority to the chief justice of the province, before whom the said court of King's Bench was to be held, to hear and determine all criminal and civil causes, agreeably to the laws of England, and the ordinances of the said province; and did likewise, by the said ordinance, direct and command the judges of the said second court, called the Court of Common Pleas, to determine all matters brought before them agreeably to equity, having regard nevertheless to the laws of England, as far as the circumstances and then present situation of things would admit, until such time as proper ordinances for the information of the people could be published by the governour and council of the said province, agreeable to the laws of England.

Provincial

ordinance of November,

1764.

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And on the sixth day of November, in the same year, one thousand seven hundred and sixty-four, another provincial ordinance was published by the said governour Murray, and his majesty's council of the said province, for the sake of quieting the minds of his majesty's new Canadian subjects, and removing the apprehensions occasioned by the said introduction of the laws of England into the said province, by which it was ordained and declared, that until the tenth day of August then next ensuing, that is, in the year of our Lord one thousand seven hundred and sixty-five, the tenures of the lands, in respect of such grants as were prior to the cession of the said province, by the definitive treaty of peace signed at Paris, on the tenth day of February, one thousand seven hundred and sixty-three, and the rights of inheritance, as practised before that period, in such lands or effects of any nature whatsoever, according to the custom of the said country, should remain to all intents and purposes the same, unless they should be altered by some declared and positive law.

1 See p.126. 2 See p.149.

3 See p.166.

SESSIONAL PAPER No. 18

the king's an

Conclusion And the said two ordinances have been transmitted to his majesty, drawn from and never disallowed by him, and are therefore generally understood by the said proclamation and his majesty's British subjects in the said province, to have received the ordinances by sanction of his majesty's royal approbation; and in consequence of the cient & natu- said two ordinances, together with the proclamation aforesaid of the seventh ral-born sub- of October, one thousand seven hundred and sixty-three, and the two jects. commissions of governour in chief of the said province, granted successively to major-general Murray and major-general Carleton, which seem in every part of them to pre-suppose that the laws of England were in force in the said province of Quebeck, being full of allusions and references to those laws on a variety of different subjects, and do not contain any intimation of a saving of any part of the laws and customs that prevailed in the said province in the time of the French government, we the British merchants trading to Quebeck, and all the ancient British subjects residing in the said province have been made to understand and believe, that the laws of England have been introduced into the said province, and that they have had the sanction of his majesty's royal word, that they should continue to be observed in the said province.

ers are alarm

We cannot therefore but express our surprise and concern at hearing The petition that a bill is now brought into parliament, by which it is intended, that ed at the de- the said royal proclamation of October, one thousand seven hundred and sign of revok sixty-three, and the commission under the authority whereof the governing the king's ment of the said province is at present administered, and all the ordiproclamation, and commis- nances of the said province, relative to the civil government and adminsion to his go-istration of justice in the same, and all commissions to judges and other vernour, &c. officers of the same, should be revoked, annulled, and made void.

by the peti

We humbly beg leave to represent, that many of us have, through a Credit given confidence in the said royal proclamation, and other instruments proceedtioners to per- ing from, and allowed by, his majesty's royal authority, ventured to send sons residing considerable quantities of merchandize into the said province, and to give upon the faith large credits to divers persons residing in the same, both of his majesty's of the said pro- new Canadian subjects, and of his antient British subjects, who have, through clamation, &c. a like confidence in the said proclamation, resorted to, and settled them

in Canada

selves in, the said province. And that we have employed our property and credit in this manner, in a firm belief, that we should have the remedies allowed us by the laws of England for the security and recovery of it; and that if we had supposed the French laws, which prevailed in the said province under the French government, to be still in force there, or to be intended to be revived in the same, we would not have had any commercial connections with the inhabitants of the said province, either French or English. And therefore we beg leave to represent, that we think ourselves intitled, upon the mere grounds of justice, (without desiring any favour to be shewn us on the account of our being his majesty's antient, and faithful, and protestant subjects, that are attached to his royal They therefore person and government by every tie of religion, interest, and habitual duty desire that the and affection) to insist that, if it be resolved to persist in this new measure val of the of reviving all the former laws of Canada concerning property and civil French laws rights, and abolishing the laws of England that have prevailed there in their may at least, stead since the establishment of the civil government in one thousand seven be postponed for some time. hundred and sixty-four, the execution thereof may at least be postponed until we shall have had sufficient time to withdraw our effects from the said province, and obtain payment of the debts which are owing to us in the same, by the remedies and methods of trial allowed and appointed by the laws of England in that behalf; through a reliance on which remedies and methods of trial we were induced to venture our said effects there, and permit those debts to be contracted. And this time, we humbly represent, cannot well be less than three years.

intended revi