CONSTITUTIONAL DOCUMENTS RELATING TO CANADA
Abstract of Regulations. See Regulations.
Acadia ceded to Great Britain by Treaty of Paris,
74, 85.
Acadians to enjoy privileges as Canadians till fate
of country is decided, 17, 27.
Adams, John, signs Treaty of Paris, 1783, 493.
Address of Roman Catholic citizens to the King,
517, 518.
Adhemar, M., his mission to Paris, 539.
Administration of Justice. See Justice.
Admiralty, Court of, composition and duties of,
40; referred to, 48; maritime affairs governed
by English Court, 239; English laws suggested
by Maseres, 374; instructions to Carleton re,
430-431, 564.
Advocates, Canadian, permitted to practise in
Courts of Common Pleas, 150, 231, (see p. 266);
Roman Catholics not allowed to practise under
British law, 155, (see pp. 157, 160); Canadian, or-
dinance permitting them to practise their pro-
fession, 173, (see p. 175); notaries may practise
as, 328; amendments to Quebec Act stipulating
that advocates may be suspended or removed
only by judges of the courts in which they
practise, 523.
Economats ((Economats), Church revenue from
the, 51.
Age of Maturity, Ordinance defining, 166.
Agriculture, referred to, 59; regulations sug-
gested by Carleton in favour of, note 3, p. 551;
committee of council appointed to report on,
591; report of committee of council on, 639;
committee of council suggest the revival of the
old laws and usages of the province, 640.
Ainslee, Mr., entrusted by Murray with manage-
ment of King's ports, 49.
Aitkin, John, member of committee at Quebec, 413.
Allen, Ethan, in command of party at St. Johns,
453; his negotiations between Governor Haldi-
mand and a section of the people of Vermont
relative to annexation to Canada, note 2, p.
497.
Allen, Levi, makes application on behalf of state of
Vermont for commercial intercourse with the
Province of Quebec, 613.
Allier, Jacques, appointed judge for Berthier by
Murray, 28, 29.
Allowances. See Salaries and allowances.
Allsopp, Geo., references to, 290, 346, 475, 480,
483, 484, 485, 486, 487, 488, 499, 540.
Allsopp, George, his opinion concerning alterations
to be made in court of civil judicature, 480;
suspended from the legislative council, note 2,
p. 488.
Almshouse, suggestion that one be provided, 631.
Amherst, Sir Jeffery, references to, 8, 20, 21, 29, 31,
32, 33, 37, 72, 152, 354, 357.
Amberst, Sir Jeffery, extract from his despatch
to Pitt. re capitulation of Montreal, 8; signs ar-
ticles of capitulation of Montreal, 20, 29;
establishes provisional military government
with summary courts of justice, 31, 32; ex-
tract of letters to Pitt re military and civil ad-
ministration, note p. 31; petitions for the es-
tates of the Jesuits, note 1, p. 581.
Amiott, grand juror at Quebec, 155, 156.
Anticosti, placed under protection of governor of
Newfoundland, 120.
Appeals, to be made to military council, 34, 36;
made to Conseil Superieur under French admin-
istration, 40; granted in civil cases to inhabit-
ants of Quebec, 121, 238; regulations concerning
civil cases, 137; allowed from Superior Court to
Governor in Council where amount involved is
over £300, and from there to King in Council
where it is £500 or over, 149, 230; allowed to
Superior Court from Common Pleas where
amount is £20 or upwards, to Governor in
Council when above £300, and to King in Coun-
cil when value is £500 or upwards, 150, 230;
from decisions of Justices of the Peace, 150, 231;
recommendation of grand jury re appeals from
military to civil courts, 154, (see pp. 157, 160);
permitted from Courts of Common Law to Gov-
⚫ernor in Council, 215; to Governor in Council
and to the Privy Council, suggested by Maseres,
251; suggestions as to the nature of, 251; sug-
gestions by Marriott concerning, 326, 327; regu-
lated by Ordinance of 1777, 465; rules of pro-
cedure established by Ordinance of 1777 concern-
ing, 467; regulations to limit number of, 478;
objection to the proposal to carry appeals to
England, 513, 515; regulations for appeals from
judgments of Court of Common Pleas, 534-535;
limitation of, 535; not to be allowed in proposed
Courts of Request, note p. 576; regulations pro-
posed re judges of court of, 577; not allowed
in matters under amount of £10, 583; con-
cerning a bil! to secure the Royal Revenues
and to regulate the Proceedings in Crown causes,
and to give the subject the benefit of Appeal
from large fines," note 7, p. 588; alterations
suggested in commercial causes, 624; suggestion
to establish laws re, 634. See also Court of Ap-
peals.
Appeals to Privy Council, execution of judgment
suspended in case of, 215; allowed in cases of
fines for misdemeanours, 215.
Appeals, Court of, composition of proposed court,
175; the Governor and Council constitute a
court, 464; matters undecided by former courts
to be referred to Governor in Council, 465; to
consist of four members beside the Chief Justice,
478; suggestion that appeals from Canada be
made to the Lord Chancellor and the judges of
Apeals, Court of-Continued.
the Courts of Westminster Hall, 504; proposal
that the Provincial Court of Appeals have au-
thority to establish general rules of practice,
577; proposal that the Provincial Court of
Appeals determine when security is requisite
and regulate the proceedings in all causes of
appeal, 577; proposal that court have an
original appellate jurisdiction, 577; members of
the Legislative Council are disqualified as judges
in any cause of appeal in cases where they are
interested, 578; regulation concerning cases in
volving points of law which are carried to the
Privy Council, 582; given appellate jurisdiction
with the necessary power annexed, 583; the
Provincial Court to determine the question of
security, 583; the Provincial Court to regulate
the proceedings in all causes of appeal, 583;
complaint re decisions of, 588; the Council
request an investigation into the charges against,
made by the Chief Justice, 592; defects of the
practice in, 615; composition of, note 4, p.
615; Governor and Executive Council to con-
stitute a court in each Province, 702.
Appointments to Office, regulations controlling,
138, 216.
Apslie, Lord, High Chancellor of Great Britain,
374.
Archives, Registers of Supreme Council of Quebec
and other papers, necessary for establishing
rights of inhabitants, to remain in the country,
18, 28; disposition of, under treaty of Paris, 79,
89; Treaty of Paris of 1783 stipulates for re-
storation to United States of all their papers in
British possession, 493.
Arnold, Benedict, in command of invading force at
St. Johns, 453; in command of invading force
against Quebec, note 2, p. 459.
Arnot, Capt., in command of British troops at St.
Anne and Champlain, 66.
Arrest for Debt, English laws in force, 242, 247 ;
suggestions by Marriott concerning, 324. See
also Capias.
Assembly, general, permission granted to the Gov-
ernor to call assembly in Quebec, 120, 237;
given power with the Governor in Council to
make laws, 128; Governor in Council granted
power to form a general assembly, 128, 135, 264;
instructions re adjournment of, 136; petition of
British merchants of Quebec for a Protestant
assembly, 169; Attorney General Yorke's opin-
ion re petition of Roman Catholics, note p. 185;
Maseres' remarks on, 185, 186; Carleton, on ad-
visability of granting, 205; regulations for pass-
ing laws to be observed by, 213; Governor not
allowed to exercise legislative authority without
consent of, 243; Canadians to be admitted con-
ditionally as members, 267; suggestions for re-
gulations and limitations of proposed assembly,
268; oaths to be taken by members of; qualifi-
cations of members, 268, (see p. 265); petition
to King from British subjects, 291; Solicitor
General's opinion on granting the Canadians an
assembly, 297; Marriott, on calling an assembly,
317; Maseres' remarks on petition of English
inhabitants for an assembly, 340; English in-
habitants invite the French to join in their
petition, 341; proceedings of English inhabi-
tants of Quebec and Montreal concerning their
petition, 341, (see also note 1, p. 347);
letter of English committee on the advantage of
an assembly to the colony, 343; letter of
Cramahé transmitting petitions to Dartmouth,
344; petitions of ancient subjects of Quebec
and Montreal to Cramahé, 345-346; petitions to
the King of the old subjects of Montreal and
Quebec, 347-348; Cramahé refuses to grant peti.
tion of English inhabitants, note, p. 347; me-
morial of old subjects of district of Quebec to
Dartmouth, 349; menorial of old subjects of Dis-
trict of Montreal to Dartmouth, 351; Dartmouth
to Cramahé, advising him that a bill for the
regulation of the government had been present-
ed to the House of Lords, 352; Cramahé to
Dartmouth, re petitions from inhabitants, 353;
French inhabitants acknowledge their gratitude
for steps taken towards granting an assembly,
354-356; memorial of the French inhabitants
for an increase in number of members of council,
357, 359; French subjects represent that colony
is not ready for an assembly, 359; petition of
British merchants of Quebec, 359-366; object-
ions of British merchants of Quebec, to the
Quebec Bill, 361; merchants of Quebec
petition for a representative assembly, 474;
Haldimand's opinion on establishing an assem-
bly, 498, 499; Postmaster General Finlay's
remarks on granting the Canadians an as-
sembly, 500-501; petition to the King of his
ancient and new subjects, 502; motion in the
council to petition the King, note p. 502; clauses
proposed by petitioners to be inserted in an act
of parliament, 503; plan for proposed, 504; plan
drawn up by the Quebec and Montreal commit-
tee of the inhabitants, 510; committees of old
subjects appointed to carry forward the petitions
and prevent the effects of false reports on the
objects of reform, note 1, p. 510; regulations
proposed in plan for, 510; suggestion that mem-
bers have free liberty of debate, 510; compul-
sory to call together once a year, 511; objections
to petition, 511, 514; objection to establishment
of, with power to impose taxes, 513, 516.
Assembly, Roman Catholic citizens state that as-
sembly is not unanimous wish of Canadian
people, 518, 519; opinion of British merchants
trading with Quebec, 541; letter of Montreal
merchants to merchants of London, 544; letter
from merchants of Quebec to London merchants,
546; remarks of Sydney on granting the Cana-
dians an assembly, 587; referred to, 619;
the King's new subjects at Montreal petition
Carleton, 628, 630; referred to, 628; Carleton's
remarks on granting Canadians an assembly 646;
British merchants trading with Quebec petition
for, 650; Adam Lymburner acts in England for
those desiring assembly, note p. 652; British
Government requests Carleton to investigate the
objections of the Canadians, 653; Carleton re-
ports on the attitude of the different classes re
an assembly, 654; desire of the Loyalists to par-
ticipate in a Provincial Assembly, 656; Finlay's
remarks on, 656-657; referred to, 665, 666; notes
concerning plans for, notes 1 and 2, p. 666; first
draught of Constitutional Bill makes provision
for, in each province, 667; Governor authorized
to call, 669; the provinces to be divided into
electoral districts, 669; regulations concern.
ing writs of election, 669-670; concerning
qualifications of electors and candidates, 670,
671, 675; to be called together at least once a year
and to continue seven years' subject to be dis-
solved by the Governor, 671; the Governor to tix
the times and places of sittings, with power to
prorogue, 671; form of oath to be taken by mem-
bers, 672; regulations concerning bills proposed
in the assembly or council, 672; suggestions by
Carleton concerning representation in, 675;
representation in western district, 675; second
draught of Constitutional Act provides for an
assembly in each province, 678; number of mem-
bers of, 680; regulations for election of members,
680.
Assembly, questions to be aecided by a majority
of, voices, the Speaker to have casting voice,
681; regulations for the passing of bills, 682;
proposed assembly for the British dominions
in North America, 687; number to constitute a
quorum in Lower Canada, 692; increase in num-
ber of members in Lower Canada, 693; concern-
ing the distribution of representation in Lower
Canada, 693; Constitutional Act provides for
assembly in each province, 695; number of mem-
bers in each province, 698; regulations for issu-
ing writs of election, 698-699; qualifications of
electors and candidates, 699-700; times and
places of sittings, 700; to be called together at
least once a year and to continue for 4 years
subject to be dissolved by the Governor, 700;
rules governing bills passed by, 701–702.
Assize, Court of, twice every year at Montreal
not practicable, note 5, p. 149; number of ses-
sions, 173.
Attorney and Solicitor General Yorke and DeGrey,
report re civil status of Roman Catholics, 171;
report re civil government of Quebec, 174, (see
p. 238); their report referred to, 269.
Aylwin, Thomas, grand juror at Quebec, 155, 156.
Baby, Francis, references to 339, 475, 483, 484, 552,
579, 590, 591, 592.
Baby, Francis, delivers letter to Dartmouth enclos-
ing petition to the King, 339; appointed to
legislative council, 475, 552; appointed on com-
mittee to devise means to reduce price of wheat
and flour, 483; dissents from action taken to
regulate price of wheat and flour, 484.
Bacon, Ed., member of the Board of Trade, 97,
107, 114.
Bailiffs, proposal to increase power of, 187.
Bankruptcy, British merchants in Canada object to
enforcement of English law, 207, 242; Carleton
suspends introduction of English law, note 2,
p. 207; application to governor for a commis-
sion, 208; old inhabitants satisfied with English
law, 316; suggestions concerning a bankruptcy
law, 616, 634; merchants of Montreal advise
enactment of a bankruptcy law, 625.
Bannatyne, M., merchant of St. Christopher's,
writes re trade with West Indies, 613.
Barrington, Lord, his opinion referred to in Lord
Mansfield's judgment, 370.
Bayne, Dan'l, on grand jury at Quebec, 155, 156.
Beaujeu, M. de, council of war to assemble at
house of, 36.
Bedford, Earl of, representative of Great Britain in
negotiating Treaty of Paris, (1763), 73, 80, 81, 84,
90, 91.
Belestre, Picotté de, member of legislative coun-
cil, 475, 484, 552, 579, 590, 591, 592.
Benefices, abstract of regulations concerning ap-
pointments to, 303.
Bigot, Intendant, references to, 8, 10, 11, 22, 23, 27,
168.
Bigot, Intendant, prepares terms of capitulation of
Montreal, 8; provision made for his leaving
the country, in Articles of Capitulation of Mon-
treal, 11, 22; paper currency issued by, note 2,
p. 168.
Bills of Exchange, drawn in Canada, should be
paid by France, 72; ordinance relating to, 463.
Bindon, Mr., merchant of Montreal, 453.
Blake, Charles, member of committee at Montreal,
413; opinions of, on situation at Montreal, 639,
640.
Board of Trade, letter from Egremont to,
establishment of civil government in Quebec,
93; representations of, on the propriety of call-
ing a general assembly, 171, 280, 269; suggest
action re conduct of Governor Murray, 172; re-
port to, of the Attorney and Solicitor General re
the civil government of Quebec 174; Lt.-
Board of Trade-Continued.
Governor Irving criticizes administration of
justice, 187; report of, on the state of the
Province of Quebec, 263; suggest the forma-
tion of a legislature admitting Canadians as
members of the council and the assembly, 267;
submit to the King a draught of instructions
for Carleton, note, p. 419; repudiate Carleton's
dismissal of Chief Justice Livius and re-appoint
him, note 3, p. 476; disapprove of Carleton's
action in withholding information from Council,
notes pp. 476, 477; censure Haldimand for
refusing to follow instructions to communicate
to the Legislative Council everything in his
instructions wherein their advice and consent is
requisite, note p. 477; abolished by Act of Par-
liament, and Committee of Privy Council as-
sumes duties of, note p. 500.
Boisseau, M., grand juror at Quebec, 155, 156.
Boucherville, M. de, member of legislative coun-
cil, 552, 579, 639, 640.
Bougainville, Colonel de, commissioned to make
proposals to Amherst for a truce, S.
Boundaries, of territory under French régime, 72;
of British territories as defined by Treaty of
Paris, 75, 86; limits of Canada as suggested by
Lords of Trade, 103, (see p. 112); of Nova Scotia,
117, 118; of the United States, according to
Treaty of Paris. (1783), 491; Grenville's remarks
on the proposed boundaries of Upper and Lower
Canada, 664-665; concerning the boundaries-
of Canada, note 3, p. 667; Carleton dis-
cusses question of boundaries of provinces,
674; difficulty in describing boundaries of
Upper Canada, 678, 690.
Boundaries of Quebec, as defined in King's pro-
clamation and Governors' instructions, 120, 132,
210; agreement reached fixing line between
Province of Quebec and State of New York from
Lake Champlain to the St. Lawrence, 338; re-
quest of inhabitants for restoration of ancient
limits, 351, 354, 356, 358; proposed extension of
provincial limits, 381; limitations as proposed
by the third draught of Quebec Bill, 388; letter
from Dartmouth to Hillsborough re extension
of, 390; according to Quebec Bill, as returned
from the Commons, 391: as fixed by the Quebec
Act, 402; first draught of the Constitutional Act
repeals the portion of the Quebec Act relating
to boundaries, 667; line between Quebec and
New York adjusted by the Privy Council in
1766, 677; between Quebec and New Bruns-
wick, 684.
Bowen, Eman., geographer to His Majesty, map of
North America by, note p. 103.
Brant, Joseph, visits England to arrange restitution
for losses sustained during the war, 547; letter of
Sydney to, concerning compensation for Indian
losses during the war; question of assistance in
case of dispute with Americans about their
lands, 549.
Bread, changes suggested in ordinance relating to,
279.
British Merchants Trading with Quebec, memorial-
ize British Government for a general assembly,
359-366; make suggestions for a legislative
council if assembly is not considered expedient,
364-366; memorialize Lord Sydney respecting
regulations proposed for that Province, 511;
petition for a house of assembly, English com-
mercial law and reforms in the courts of justice,
650.
Bruyere, J., Secretary at Trois Rivières, furnishes
vital and other statistics concerning the govern-
ment of that place, 67, 68, 69.
Burgoyne General, arrives at Quebec, 460; his
efforts to obtain aid from French Canadians not
very successful, notes p. 461; peasants refuse
aid to, notes p. 461; appointed to lead expedition
against Albany, note p. 474.
Burke, Edmund, favours the immediate considera-
tion of petitions from Quebec concerning form of
government, note p. 652.
Burton, Colonel R., 29, 31, 32, 33, 37, 61, 66, 69, 94,
104, 152, 153.
Burton, Colonel R., appointed by Monckton to act
as lieutenant governor of Quebec, note p. 29;
appointed governor of Trois Rivières, 31, 32;
reports on the state of the government of Three
Rivers, 61.
Butler, Colonel John, signs petition to the King on
behalf of the Loyalists, 527.
Caldwell, Colonel Henry, member of legislative
council, references to, 475, 480, 484, 487, 552,
586, 588, 590, 591, 592.
Calvet, Pierre de, protests against ordinance of
February, 1770, note p. 280.
Calvin, case referred to, in Lord Mansfield's judg-
ment, 370.
Cambridge, Duke of, announcement of birth of,
353.
Campbell, Major John, appointed Superintendent
of Indian Affairs, 451.
Campbell, Alex., plaintiff in suit of Campbell vs.
Hall, 366.
Canada, ceded to Great Britain by Treaty of Paris,
75, 85; boundaries of, 72, 75, 86, 103, 112, 491,
664, 665; proposed boundaries of, 103, (see also
pp. 72, 108, 112). See also Quebec.
Canadians, character of, as described by Murray,
59, 65; rights under Treaty of Paris secured to
them by new government, 104; their complaints
re civil affairs to be investigated, 201; their al-
titude towards British government, 227; loyalty
of noblesse and clergy to English government,
455, 460; certain of the peasantry under the in-
fluence of the rebels refuse to take up arms in
defence of the country in 1775, 455, 459; Hey's
remarks on their dissatisfied condition, 457;
opinion of Carleton on their loyalty, 459; peas-
antry refuse to aid Burgoyne, notes p. 461; ob-
ject to the feudal authority exercised by the
noblesse, 461; Sydney's remarks on the loyalty
of, 548; Quebec Act defines who are included
under the term "Canadian," 571; opinion of
council that rejection of bill introduced by Chief
Justice will increase discord among them, 580;
Sydney's opinion on rights of, 586, 587; residents
of Montreal and Quebec petition against adop-
tion of common law of England, 589; those at
Montreal approve of Quebec Act, 628, 630; Bri-
tish government desires Carleton to investigate
their objections to house of assembly, and
trial by jury, 653; Finlay's plan to accustom
them to English language, 657. See Inhabi-
tants, also French Canadians.
Canadian Militia, Carleton approves the formation
of a regiment, 411; Carleton suggests organiza-
tion of, 451, 454. See also Militia.
Canadian Troops, letter from Dartmouth, re troops
for the south, note p. 455.
Cape Breton, proposed annexation to Nova Scotia,
104; annexed to Nova Scotia, 120.
Capias, for Debt, authorized by Ordinance of 1777,
470; regulations governing the issue of, by judges,
530, 537. See also Debt.
Card Money, issued by Intendant Bigot, 49.
Carleton, Guy, references to, 172, 179, 192, 193, 195,
196, 199, 201, 203, 205, 207, 208, 210, 227, 228,
242, 245, 258, 259, 263, 274, 275, 276, 280, 290,
295, 319, 320, 330, 331, 384, 388, 389, 400, 410,
411, 412, 419, 438, 450, 452, 453, 455, 456, 457,
459, 460, 461, 464, 465, 471, 472, 473, 474, 475,
Carleton, Guy-Continued.
476, 477, 539, 540, 548, 549, 550, 552, 567, 568,
571, 574, 586, 587, 589, 590, 592, 593, 594, 612,
619, 621, 628, 629, 638, 639, 641, 643, 646, 647,
651, 654, 655, 657, 662, 663, 667, 674, 676, 677,
678, 685, 686, 689, 690, 692, 703, 705.
Carleton, Guy, commission as Lieutenant Gov-
ernor of Quebec, note p. 192; acts under instruc-
tions given to Murray pending the arrival of his
commission, note p. 192; intimates to council
his intention to summon any member he may
deem advisable, 194; instructed to report on
alleged defects in judicature, 201; acts as Lieu-
tenant Governor, note 2, p. 208; his views on
the system of French land tenure expressed in a
letter to Shelburne, 208; appointed Captain
General and Governor in Chief of Quebec, note
2, p. 208; instructions as governor in chief of
Quebec (1768), 210; instructed to report on gen-
eral condition of country, 225-226; letter to
Hillsborough re attitude of inhabitants to
British Government, 227; disapproves of plan
to settle laws of province as suggested by
Maseres, 257; suggests that English law be fol-
lowed in criminal matters and French law in
civil cases,
258; receives secret report of Lords
of Trade on proposed plans for government of
Quebec, note p. 263; signs ordinance for the
more effectual administration of justice and for
regulating courts of law in Quebec, 290; addi-
tional instruction to (1771), 295; advises the
ministry as to the policy to pursue in framing
the Quebec Act, note 3, p. 374; favours reten-
tion of French criminal law. note p. 377 (see also
258); his objections to the third draught of the
Quebec Bill, 389; his views on the French
feudal system, 389.
Carleton, Guy, requests to be allowed to use his own
discretion in dealing with religious communities,
note p. 400; writes to Dartmouth expressing ap-
preciation of Canadians for passing of Quebec
Act, 410; promises troops for Boston, 411; letter
to Dartmouth re English inhabitants who desire
the repeal of the Quebec Act, 412; memorandum
used in framing instructions of 1775, note p.
419; instructions to (1775), 419; comments of
Dartmouth on instructions of, note p. 419; re-
gulations for the legislative council given in
his instructions of 1775, 420; instructions of
1775, give directions to legislative council for
establishment and regulations of courts of
justice, 421-425; instructed to encourage fish-
eries on Labrador coast, 428-429; system of
land tenure to be followed, as set forth in his
instructions (1775), 429; instructions of 1775 re
admiralty affairs, 430-431; instructions relating
to trade and navigation, 438; letter to Gage,
re the organization of the Canadian militia, 450;
instructions to, re additional salaries and allow-
ances of offices under Government, 450; letter
from Dartmouth, re the agitation for repeal of
the Quebec Act, 452; letter to Dartmouth
giving account of invasion by American rebels,
453; on the adoption of British ideas of
personal liberty by the French Canadians, 453;
regrets having recommended the Habeas Corpus
Act and English criminal law; is of opinion
that French criminal law should be re-intro-
duced, 454; on British interests in the South,
note p. 455; issues proclamation (1775) re the
militia of the Province, note 3, p. 456; despatch
to Germain expressing his opinion of the loyalty
of the Canadians, 459 (see also notes p. 461);
despatch to Germain, concerning ordinances
passed by legislative council (1777), 460; signs
ordinance for establishing courts of civil judica-
ture (1777), 465; signs ordinance for establising
courts of criminal jurisdiction in Province of
Quebec (1777), 471.
Carleton, Guy, is prepared to lead expedition |
against Albany, 474; circumstances of his
removal from office of governor, note p. 474;
Lords of Trade refuse to sanction his dismissal
of Chief Justice Livius, and re-appoint him to
office, note 3, p. 476; his action in withholding
from the Council instructions wherein their
advice and consent was made requisite, notes
pp. 476, 477; Sheridan refers to the ex-
traordinary powers conferred by the new
commission on the governor, note 2, p.
502; no change to be made in the con-
stitution till the opinion of the people is
ascertained by him, 548; appointed Captain
General and Governor in Chief of all Britain's
dominions in America, 550, 686; memorandum
for his instructions of 1786, 551; on the policy
he is to adopt in dealing with the United States,
note 3, p. 551; on methods to be adopted to se-
cure allegiance of province, note 3, p. 551;
desirous to check abuses in land grants, note 3,
p. 551; raised to peerage as Baron Dorchester,
note p. 552; instructions to (1786), 552; instruc-
tions relating to members of the council, 552;
regulations and powers of legislative council as
given in instructions of 1786, 552-554; regu-
lations in his instructions of 1786 concerning
ecclesiastical jurisdiction and affairs, 556-559;
regulations concerning trade and fisheries in his
instructions of 1786, 559-560; instructions of
March 1787, 567; instructions of August 1787,
568; his instructions of August 1787 provide for
the free exercise of religion, 568; signs ordinance
of 1787, re criminal courts, 585.
Carleton, Guy, on the working of the Quebec Act,
588; on the friction in the legislative council,
588; requested to take action on the charges
made against judges by Monk, 592; report of
the committee of council relating to the courts
of justice, 594; petition of citizens of Quebec
concerning their municipal laws, 619, 621;
citizens of Montreal approve of the Quebec Act
and pray for a continuance of their common
law, 628, 630; new subjects at Three Rivers
make representations to the Governor and Coun-
cil 634,637; his views on granting Canadians a
house of assembly, 646; recommends that lands
be granted in free and common soccage, 646;
signs patent creating five new districts, 651;
authorized to investigate the objections of the
Canadians to the introduction of trial by jury,
653; reports on the condition of the province,
654; his opinions on the changes proposed in the
constitution, 654; requested to report on the
civil state of the Province and suggest a suit-
able form of government, 654; reports on the
objections of Canadians to trial by jury and
house of assembly, 654-655; recommends that
a Lieutenant-Governor be appointed for the
four western districts of the Province, 655; does
not favour a division of the Province, 655; secret
despatch from Grenville concerning the first
draught of the Constitutional Act, 662; signs
ordinance of 1789 re proceedings in the civil
courts, 662; letter from Grenville discussing the
proposed Constitutional Act, 663-666; Gren-
ville requests his opinion of the first draught of
the Constitutional Act, 664; letter to Grenville
on the proposed Constitutional Act, 674; sug-
gests amendments to the first draught of the
Constitutional Act, 677; letter from Grenville
discussing the first and second draughts of the
Constitutional Act, 690; letter from Dundas on
the working of the Constitutional Act, 692–694.
Carleton, Colonel Thomas, Lieutenant Governor of
New Brunswick, given the option of the Lieu-
tenant Governorship of Quebec, 551; appointed
Brigadier-General and Commander of the
Forces, note 2, p. 551.
Cataraqui, letter from the magistrates of, concern-
ing the administration of justice in their dis-
trict, 642-644; proposal to make Cataraqui, in-
stead of Carleton Island, the quarters of the
naval department and the depot of Stores for
the garrisons in the upper country, 644; ex-
tent of country comprised under the name of,
note 2, p. 648.
Cazeau, M., disloyalty of, 489.
Cession of Canada, Acadia and dependencies to
Great Britain by Treaty of Paris, 75, 85; ad-
vantages of, 98-101.
Chancery, Court of, composition of proposed
court, 175; procedure in, 601; suggestions for
establishment of, 615; merchants of Montreal
advise establishment of, 624.
Charest, M., on grand jury at Quebec, 155, 156.
Chief Justice, William Gregory appointed, note p.
149; dismissal of Gregory, note p. 178; Wil-
liam Hey appointed, note p. 178; Peter Livius
appointed, note 1, p. 475; Livius dismissed
from office; Board of Trade re-appoint him,
note 3, p. 476; William Smith appointed, note
p. 569.
See also Gregory, Hey, Livius and
Smith.
Chinn, Edward, signs memorial to Dartmouth,
Choiseul, Gabriel de, representative of France at
framing of the Treaty of Paris (1763), 80, 81, 90,
91.
Church of England, establishment of, to be en-
couraged, 227.
Circuit Courts, regulations for proposed courts,
176; suggestion to establish them on model of
Welsh courts, 269; proposal to abolish, 624; in-
habitants at Three Rivers protest against the
expense and delay of justice in, 635, 637; terms
of, in district of Hesse, 660-661.
Citadel of Quebec. See Quebec.
Civil Cases, French law to be observed in, 258.
Civil Courts, ordinance establishing, 149, 230; ordi-
nance regulating composition of juries in, 173;
proposal to repeal ordinance relating to, 203; pur-
port of ordinance relating to, 229, 232, 243; ordi-
nance relating to, 266, 277, 280, 582; established
by Quebec Act, 405; ordinance establishing,
(1777) 464; ordinance to regulate proceedings in,
466; ordinance renewing and amending an ordi-
nance to regulating proceedings in, 490. See also
Civil Judicature, and Justice.
Civil Government, introduction of, in 1764, note p.
33; variations in interpretations of proclamation
relating to, 238; salaries under, 432.
Civil Judicature, ordinance for establishing courts
of, (1777), 464; ordinance of 1777 confirms judg-
ments of courts of civil jurisdiction established
since the enforcement of the Quebec Act, 465;
ordinance to regulate the proceedings in the
courts of, 466; Chief Justice Livius proposes an
amendment to the judicial system of the Pro-
vince, note p. 478; Haldimand reviews the dis-
cussion by the legislative council on the expe-
diency of acting on his instructions concerning
alterations in the judicial system, 482; ordi-
nance to regulate the proceedings in the courts
of, and to establish trials by juries in actions
of a commercial nature and personal wrongs
to be compensated in damages, 529; instruc-
tions of 1786 concerning regulations for the
courts and the mode of administering justice,
555-556; proposed amendments, 576; ordinance
to continue an ordinance to regulate the proceed-
ings in the courts of, 582; remarks of Mabane
on juries in civil causes, 604-605; merchants of
Quebec recommend the re-introduction of the
common and statute laws of England in matters
of personal property and civil rights, 614; in-
habitants of Three Rivers represent to Carleton
the state of civil jurisdiction in their govern-
|