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SESSIONAL PAPER No. 18

Potts, Ja., Deputy Clerk of Council, 173, 174, 195.
Powell, Mr., attorney at Montreal, 485.
Pownall, George, referred to, 475, 480, 484, 488, 552,
586, 590, 591, 592, 612, 619, 651.
Pownall, George, member of the legislative
council, 475; his opinion on the instruction to
Haldimand concerning alterations to be made
in courts of civil judicature, 480; appointed
clerk and registrar of the legislative council,
note 2, p. 480.

Pownall, John, Under Secretary of State for the
Colonies, references to, 258, 400, 411.
Powys, (Powis) Mr., introduces a Bill in British

House of Commons to alter and amend the
Quebec Bill, note 2, p. 520; gives expression to
the wishes of the people of Canada concerning
their constitution, and makes a motion that
their petitions be considered, note, p. 652.
Practice, general rules of, 177; rules of, to be es
tablished by ordinance, 178.

Praslin, Duc de, signs Treaty of Paris, 80, 90.
Precedence, of members of the council, 192.
Prenties, Miles, British inhabitants of Quebec meet
at his inn, 341.

Presentments, of the Grand Jury of Quebec. re
Courts of Justice, Juries, Appeals, Public Ao-
counts, 153, (see also pp. 156, 159, 266); protest
of the French jurors in reference to, 156, 159.
Preston, Major, Commander of 26th Regiment, 453.
Prevôte of Quebec, composition of, 40.
Price, Benjamin, member of legislative council,
195, 413.

Privileges, of Canadians, under Treaty of Paris,
secured to people by new government, 104.
Privy Council, asks for report on the administra-
tion of justice, 199, 200; sends Maurice Morgan
to Quebec to make report on the administration
of law in the Province and of "everything re-
lating to the general state and condition of Can-
ada," 201; draught of a report of the Governor
and Council on the state of law and justice in
Quebec, sent to, 228; report of Lords Commis-
sioners for Trade and Plantations re state of
Quebec, 263.

Procedure, to be observed in executions, 286-290;
ordinance of 1777 establishes rules of procedure
in writs of execution, 468, 470; regulations of
proceedings in actions above £10, 530; proposal
that the provincial court of appeals have
authority to establish the general rules of prac-
tice as stated to them by the judges of the Com-
mon Pleas, 577; an ordinance to continue an or-
dinance to regulate the proceedings in the court
of civil judicature, 582; judges of the Common
Pleas presented a plan of forms of procedure for
acts concerning guardianships and trusteeships,
609, 611.

Proclamation of October 1763, establishing civil
government, documents forming basis of, note
p. 93; of October, 1763, 119; various interpre-
tations of, 238; Thurlow's remarks on, 306–308;
other interpretations, 308; paraphrase of a
portion of, 347; judgment of Lord Mansfield
to the effect that the King had divested himself
of certain authority by, 368; that portion relat-
ing to the civil governinent of Quebec, annulled
by Quebec Act. 402; other references, 242, 265,
291, 313, 314, 339, 349, 359, 361, 381, 390, 391,
542, 574, 614.

Proclamation, proposed, re Indian lands, extent,
settlement and constitution of new colonies,
112, 114, 115; Haldimand issues a proclamation
prohibiting export of wheat and flour, note 1. p.
483.
Property, Canadians to be maintained in possession
of, 205, 206; rules to be observed by Governor
in Council in passing laws, 213; diversity in
practice of law, 240; difficulties of administer-

Property Continued.

ing law in the courts, 267; undue authority
used by justices of the peace under ordinance
of September 1764, in matters of, 277; suggestion
to annul power given justices of the peace re
civil property, 278; authority of justices of the
peace confined to those acting under a special
commission by ordinance of February, 1770, 280;
regulations altering method of selling personal
and real property under execution, 289; pro-
posed regulations re personal property, 303;
Chief Justice Smith raises the question whether
by the Quebec Act the laws and customs of
Canada are in force exclusively, 569-571, (see p;
403); Canadians consider the English commercial
law will destroy the security of their possessions,
573.
Protestants, grand jury demands that a Protestant
jury should be impannelled in certain cases,
156, (see pp. 158, 160). See also Religion.
Provisions, Haldimand issues a proclamation pro-
hibiting export of wheat and flour, note 1, p. 483.
Provost-marshalship, proposed abolition of office,

250.

Quarter Sessions, Court of, ordinance relating to,
472.

Quebec City, text of articles of capitulation, taken
from photographic reproduction of original
document, 3; inhabitants to enjoy possession of
effects and privileges after capitulation, 4, 6;
officials at (1759), note p. 29; general staff at,
37; state of the fortifications, 38, 197; Carleton
proposes building a citadel at, 195, 196, 198,
199; state of police in, 617-618; proposal for
charter to incorporate the city, 618, 626.
Quebec Province, nature of soil and products, 56;
boundaries cf, 72, 120, 132, 210, 338, 351, 354,
356, 358, 381, 388, 390, 391, 402, 664, 665, 667,
674, 677, 684; description of proposed seal for
Province, 115; boundaries of, according to Mur.
ray's commission, 126; Baron Maseres on the
expediency of procuring an Act of Parliament
for settlement of the Province, 179; draught of
report drawn up by Maseres on the state of law
and justice in, 228; report of the Board of
Trade on the state of, 263; disorder and con-
fusion caused by restricted authority of Governor
and Council, 267; petition to the King, from
the old subjects, for an assembly, 291; unsatis-
factory methods of administering justice, 315,
325, 331; proposed extension of boundaries,
381; remarks on instructions to Carleton, re
division of Province into two judicial districts,
423, 464; Grenville's remarks on the division
of the Province into districts, 654; distri-
bution of the population in, 654, 655; pro-
posed line of division in the Province, 655;
division of Province into Upper and Lower
Canada, 667, 695; Carleton's remarks on the
proposed boundaries of the two Provinces, 674;
boundary between New Brunswick and, 674,
675, 684; limits between New York and Quebec
adjusted by the Privy Council in 1766, 677.
Quebec Act, memoranda and draughts of bills re-
lating to, 374; Carleton's advice to Ministry
in framing, note p. 371; final text of, 401;
source of text in this volume, note p. 401;
boundaries of the Province as fixed by, 402;
Roman Catholics granted "free exercise of their
religion subject to the King's supremacy," 403;
makes provision for support of Protestant
clergy, 403; provides that the 'Laws and
Customs of Canada" are to be the rule in
civil matters, 404; provides for retention of
the criminal law of England, 404; Dartmouth's
opinion of, 412; proceedings of the English
inhabitants who desire repeal of, 413; petitions

46

Quebec Act-Continued.

for its repeal, 414, 417; motion made in Par-
liament for repeal of, note 2, p. 452; let-
ter from Dartmouth re agitation for repeal
of, 452; petition for repeal, 473; Hugh
Finlay's comment on, 500; objection to the ex-
traordinary powers given the legislative coun-
cil by, note p. 502; address to Haldimand
from the council expressing satisfaction with
the Act, note p. 502; draught of an Act to ex-
plain and amend the Quebec Act, 520; British
merchants trading with Quebec protest against,
542, 546; administration of justice under, note
3, p. 593; approved of by inhabitants of Mont-
real, 628, 630; repeal of those portions relating
to the boundaries of the Province, 667; section
referring to boundaries repealed by second
draught of the Constitutional Act, 677. See also
Quebec Bill.

Quebec Bill, Marriott's attitude towards, note
p. 311; introduced by Dartmouth in House of
Lords, note p. 353, note 2, p. 374; first draught
of, 376; second draught of, 377; proposal that
the Act continue in force for fourteen years,
377; second draught of, prepared by Wedder-
burn under direction of Dartmouth, note p.
377; extract of letter from Wedderburn re crim-
inal law in Canada, note p. 377; proposal in
second draught to create the legislative council
by letters patent, 380; third draught of, 382; |
notes by Wedderburn on third draught, 385;

limitations of Canada's boundaries as proposed
by third draught, 388; remarks of William Knox
concerning the third draught, 389; quotation
from Cavendish's Debates re, 389; amendments
indicated by brackets, notes p. 390; changes in-
troduced by the Commons, note p. 390; as passed
by the Commons, 13th June, 1774, 390; draught
as returned from the Commons, 390; Roman
Catholics granted the "free exercise of their reli-
gion subject to the King's supremacy," 392;
laws and customs of Canada made the rule in
civil matters, 393; criticism of several important |
features of the bill by de Lotbinière, 395, 397;
queries relative to the government of Quebec
framed before Bill assumed its final form, 400;
Charles Fox opposes the Bill, note p. 520.
Quebec Gazette, extract from, being a summary of
a debate in the British House of Commons on
changes in the constitution of Canada, note p.
652.

Quebec Revenue Act, text of, 406; an Act to explain
and amend, 409.

Quit Rents, Carleton authorized to prepare the
heads of a bill controlling the collection of, 563.
Ramezay, M. de, signs articles of capitulation of
Quebec, 3, 5, 6, 7.

Ramsay, Monsieur, acquitted on trial for murder,
339.

Rebels, influenced section of community against
defence of the country in 1775, 455, 459.
Regiment of Foot, (Eighty-fourth), special provision
made in Carleton's instructions of 1786 for
granting lands to the reduced officers and priv-
ates of, 562.

Registration, French inhabitants possessing land
granted before Treaty of Paris required to regis-
ter titles, 141, 218; seigneurs of Montreal peti-
tion the King for the suppression of, 188, 189;
referred to, 304; suggestion to make ordinance
requiring the registration of all deeds, 616; sug-
gestions for erection of registry office at Mont-
real, 625; suggestion concerning the registration
of all deeds, 628, 630, 634.

Registrar, surveyors of Quebec province required
to enter their surveys in office of, 143, 221.

6-7 EDWARD VII., A. 1907

Regulations, concerning civil and criminal cases,
176; abstract of regulations proposed by Wed-
derburn to be established by act of parliament,
302, 303; concerning bills proposed in the as-
sembly or council, 672.

Religion, seigneurs of Montreal petition the King
that all subjects may hold office without any
distinction of, 188, 189; toleration suggested in
matters of, 227; suggestion by Solicitor General
that inhabitants of Canada should be allowed
religious freedom, and that authority of King
be supreme in ecclesiastical matters, 298;
suggestion by Wedderburn to grant to Canad-
ians the free exercise of, 302; concerning the
tythes for Protestant clergy, 386; note in third
draught of Quebec Bill concerning the Protest-
ant religion, 386; provision made by Quebec
Act for support of Protestant clergy, 403;
legislative council may not put laws affecting
religion in force, without King's consent, 405;
provision for maintenance of a Protestant clergy,
as given in Carleton's instructions of 1775, 426 :
instructions to Carleton 1775, direct encourage-
ment of missions to the Indians on the Labra-
dor coast, 429; Carleton's instructions of 1787
authorize religious freedom, 568.

Religion, Protestant, proposed means for estab-
lishing and maintaining, 139, 140, 217, 25,
400, 558, 559; Carleton instructed to permit
free exercise of, 568; provisions relating to,
note 1, p. 694; maintenance of, 703-705. See also
Religion.

Religion, Roman Catholic, free exercise of, granted
"until possession of Canada shall have been
decided," 4, 6, 14, 25; protection for Roman
Catholics in exercise of; particular instructions
to Murray re clause of Treaty of Paris granting
liberty of, 123, (see pp. 75, 86); liberty "as far
as the laws of Great Britain perinit" referred to,
139, 217, 236, 260, 265, 266, 269, 270, 296, 298;
Maseres' interterpretation of British law re tol-
eration of, in Quebec, 180, 181; remarks by
Marriott on a proposed bill for free exercise of,
335-357; Cramahe's opinion of granting Cana-
dians free exercise of, 338, (see also p. 339);
Roman Catholics "to enjoy free exercise of
their religion subject to the King's supremacy
by Quebec Act, 403, (see p. 392); Roman Catholics
have free exercise of their religion according to
instructions to Carleton (1775), 425; Catholic
citizens request that their bishops may be allowed
to bring priests from Europe to carry on the
work of the seminaries and missions, 517, 51,
519; provision for clergy, 703.

Religious communities, not to be molested, 15, 26:
sketch of, 51-53; Murray directed to make re-
port on Catholic institutions, 139, (see 217, 269-
270); proposal to make laws for the reform or
abolition of, 270; remarks on establishment and
state of, 298-300; Carleton desires to exercise
his own discretion in dealing with, note p. 400;
referred to, note p. 419; regulations in Carle-
ton's instructions concerning, 426, 558.
Report, of Murray on government of Quebec, 37;
Burton on government of Three Rivers, 61:
Gage on government of Montreal, 69; of Lords
of Trade on provision for establishing a govern-
ment at Quebec, 97; re Indian Lands, 110; on
commissions for governors by Committee of
Privy Council, 116; of Attorney and Solicitor
General re civil status of Roman Catholics in
countries ceded to Britain by Treaty of Paris,
171; of Attorney and Solicitor General re the
civil governments of Quebec, 174, (see p. 238);
on administration of justice required by Privy
Council, p. 199, referred to, 273; of Maseres on
administration of government, 228; Maseres'
criticism of Carleton's Report on laws of Que-

SESSIONAL PAPER No. 18

Report-Continued.

bec, 258, (see p. 257); of Lords Commissioners
for Trade and Plantations relative to the
state of the Province of Quebec, 263, list of
documents which served as a basis of, 274; of
committee of council on administration of law
by justices of the peace, 276; of Solicitor Gen-
eral Wedderburn, setting forth defects in mode
of government and suggesting plan of civil and
criminal law, 296, (see also p. 302), note as to the
source of text in this volume, note p. 296; At-
torney General Thurlow on administration
of government with abstract propositions for
improvement, 305, source of text in this volume,
notes pp. 296, 305; of the committee of the
council relating to the courts of justice, 594;
of the committee of council upon population,
agriculture, and the settlement of Crown lands,
639.

Representative government, proposed by Board of
Trade, 172.

Request, Courts of, plan for the establishment and
regulation of, note p. 576; private disputes to
be settled by the commissioners, note p. 576.
Reserves, clause in Haldimand's instructions pro-
viding for reserves of land for educational and
religious purposes, 494.

Revenue, proposal to create revenue by taxation,
172; duties proposed on liquor for revenue, 184;
proposals to levy taxes, 184, 185; insufficient
provision made for, 266; remarks by Marriott,
on proposed bill for raising and collecting taxes,
334; clause in Act allowing liquors to be im-
ported into parts of Quebec, 409.

Revenue Act. See Quebec Revenue Act.
Reynal, Abbé, Marriott refers to legal works of,
319, 333.

Rice, George, member of Board of Trade, refer-
ences to, 97, 107, 110, 112.

Ridley, Sir Matthew White, speaks in favour of
Constitutional Act, note p. 652.

Rigaud, M. de, Governor of Montreal, 11, 22.
Roberts, John, member Board of Trade, 274.
Robin, Pipon & Co., grant of land on Baie de
Chaleur, made to, 560.

Robinson, Thomas, member of Board of Trade,
274.

Roman Catholics, inhabitants to give account of
arms and ammunition in their possession, 139;
given right to act as jurors, noté p. 149, (see pp.
156, 167); Grand Jury of Quebec protests against
Catholics as jurors, 155, (see pp. 156, 158, 161);
report of Attorney and Solicitor General re
status of, 171; summary of Attorney General
Yorke's opinion re the right of Catholics (ac-
cording to British law) to sit in House of As-
sembly, note p. 185; members of council should
not be required to make certain declaration,
267; address to the King from, 517, 518;
Lieutenant Governor Hope suggests that there
be more than six Catholic members of the legis-
lative council, 540. See also under Religion.
Ross, Major, bearer of petition to the King from
Canadians disapproving an assembly, 539.
Rosslyn, Earl of. See Dartmouth.

Royal Courts of Judicature, suggested by Maseres,
247, 248, 260.

Rules of Practice, Provincial Court of Appeals to
have authority to establish, 577.

Russell, Francis, surgeon in hospital at Quebec,
1762, 37.

Salaries and Allowances of Office under Government,

to be regulated by the Governor in Council, 215:
note concerning estimates for, note p. 432, note
p. 566; provision for, in instructions to Carleton
of 1775, 432; additions to, 450, 567.
Saunders, Admiral Charles, signs articles of capitu
lation of Quebec, 3, 5.

Savile, Sir George, member of the British Com-
mons, note 2, p. 520.

Seal for Quebec Province, description of pro-
posed, 115.

Security, Court of Appeals to determine
when necessary, 577, 583.

Secretary of State for the Colonies, office created in
1768 and abolished in 1782, note p. 500.
Secretary of State for Home Department, Viscount
Sydney holds office of, note 1, p. 527.
Seigneurs, powers of, 62.

Seizure before Judgment, ordinance concerning, 584.
Shelburne, Earl of, references to, 97, 107, 110, 112,
116, 192, 196, 199, 201, 203, 205, 208, 228, 259,
274, 320, 331, 333, 358, 571.
Shelburne, Earl of, President of the Board of
Trade, note 2, p. 116; appointed Secretary of
State for the Southern Department, note, p.
192; letter from Carleton on the state of the
Province, 196; letter to Carleton re improve-
ment of the Constitution, 196; letter to Carleton
re defects in system of judicature, 201.
Sheridan, Richard, comments on the powers vested
in Governor, note 2, p. 502; thinks the British
ministry guilty of neglect in adjusting the laws
of Canada, note p. 652.

Sheriffs, proposed appointment of, instead of a
provost marshal, 250; to be appointed by gover-
nor for each district, 669.

Shoolbred, John, merchant of London, is granted
land on Baie de Chaleurs for purposes of fishing
trade, 560.

Sills, Samuel, grand juror at Quebec, 155, 156.
Simcoe, Lieutenant-Governor, note 1, p. 651.
Simmonet, Fr., signs a petition for retention of old
laws and customs, 355, 356, 358.

Smith, Chief Justice William, references to, 552,
569, 571, 574, 578, 582, 588, 590, 592, 602, 677,
678, 684, 685, 687, 689.

Smith, Chief Justice William, letter to Nepean on
the Quebec Act, 569-571 (see p. 573); remarks
on the Court of Commons Pleas, 570; his
draught of an ordinance for the better admin-
istration of justice, 574; summary of an ordi-
nance for the relief of the poor by providing
for the dispensation of justice in small causes,
note, p. 576; his speech considered by Lord Syd-
ney to be an attack on the freedom of debate,
586; bill "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; assists Carleton in
amending the first draught of the Constitutional
Act, note 1, p. 677; makes suggestion concerning
boundaries of Canada, 678; draught of a clause
for the Constitutional Act re the boundary be-
tween Quebec and New Brunswick, 684; letter
to Dorchester concerning plans for a general
government of the British dominions in North
America, 685-687; draught of additions to the
Constitutional Bill for a general government,
687; re trial of criminal offences, 689, referred
to, pp. 676, 685.

Soldiers, grants of land to be given to, 113.
Solicitor General. See Attorney and Solicitor Gene-
ral.

Sorel, Seigneurie of, to be allotted and granted to
the Loyalists who withdrew from the colonies
after the signing of the Treaty of Peace, (1783)

563.
Speakers of the Council, to be appointed or re-
moved by the Governor, 669, 679, 697.

Spry, Captain, engineer at Quebec, (1762,) 37.
Stanhope, Admiral, takes possession of the Island
of Minorca, 336.

Steel, Mr., master of the King's vessel Mercury,"
council requests information from, re the navi-
gation of the St. Lawrence, 613.

Stewart, Charles, member of the Council, (1765) 195.
Stuart, Dr. John, missionary to Mohawk Indians,
first clergyman appointed in Upper Canada,
note 2, p. 644.

Suckling George, Attorney General of Quebec, dis-
missed from office, note p. 178.
Superior Court, established, 149; appeals from,
allowed to Governor in Council where value of
contested matter is over £300, and from there
to King in Council where value is £500 or
over, 149, 230; judges to adhere to the Custom
of Paris, 187; slowness of proceedings in, 187;
suggestions for composition and powers of, 304;
ordinance of 1777 creates the Governor and
Council a Court of Appeals in matters ex-
ceeding £10, their judgment to be final in
cases under £500, 464. See also King's Bench.
Supreme Court, of Criminal Justice, ordinance
establishing a third term for sittings of, 174 (see
also p. 176); power given the Chief Justice to
hold, 192; established by ordinance of 1777, 471.
Sydney, Lord, references to, 527, 538, 547, 550,

551, 586, 587, 646, 649, 651, 653, 654, 655,
662, 676, 694.

Sydney, Lord, holds office of Secretary of State,
note 1, p. 527; despatch to Hope, indicating the
policy of the British Government in the strug-
gle between the Americans and the English to
secure influence over the Indians, 547; despatch
to Hope re proposed increase in the number of
Canadian members in the Legislative Council,
548; letter to Joseph Brant, concerning British
support of Indians in case of land dispute with the
Americans, 549; letter to Brant, concerning com-
pensation to Indians for losses sustained during
the war, 549; despatch to Hope, announcing Car-
leton's appointment as Governor General and of-
fering Hope the Lientenant Governorship of
New Brunswick, should Colonel Carleton,
Lieutenant Governor of New Brunswick as-
sume that office for Quebec, 550; letter to Car-
leton, on the attitude of Attorney General Monk
towards the judges of the Common Pleas, 586;
is of opinion that Canadians have a right to re-
tain the laws guaranteed them by the capitula-
tion, 586; expresses opinion re speech of
Chief Justice Smith, 586; his opinion on the
rights of the old inhabitants, 587; letter from
Carleton, his investigation of the condition of the
Province, 587; letter to Carleton on division of
the Province, 587; letter to Carleton, re grant-
ing Canadians a House of Assembly, 587; letter
from Carleton, recommending that Crown
Lands be granted in free and common soccage,
646; petition from British merchants trading with
Quebec for a House of Assembly, 649; on the
conflicting tendencies of the applications for a
change in the constitution, 652; letter to Carle-
ton, requesting a report on the civil state of the
Province, 654; remarks concerning Protestant
religion, note, p. 694.

St. John's, annexed by Britain to government of
Nova Scotia, 120.

St. Leger-selected to command expedition against
United States, 460; placed in command of mili-
tary affairs in the absence of Haldimand in Eng
land, 1784, note 1, p, 527.

St. Luc, La Corne, member of legislative council,
483, 484. See also La Corne.

St. Martin, Dumas, justice of the peace at Mont-
real, 373.

St. Maurice Forges, account of, 64; reservation of
land necessary for carrying on, 144, 222, 319, 563.
St. Ours, Paul Rocque, member of legislative
council, 475, 484, 552, 579, 582, 586, 588, 590,
591, 592, 594, 593, 599, 600, 601, 602.

6-7 EDWARD VII., A. 1907

St. Pierre and Miquelon, ceded conditionally to
France by Treaty of Paris, 75, 86, (see also p. 99)
Tachet, M., grand juror at Quebec, 155.
Taxation, suggestion for creating revenue by, 172;
Council prohibited from levying taxes, note p.
502; objections raised to the imposition of taxes
by House of Assembly, 511, 514, 516, (see also
421); petition of Roman Catholics setting forth
that Colony is not in a position to be taxed, 518,
519. See also under Duties.

Tenure of Land. See Land Tenure.
Terre en Roture, explanation of, 41.

Test, oaths required from members of assembly,
265, 268.

Three Rivers, report on state of government of, by
Burton, 61; state of fortiffcations and defence
62; remarks of Burton on the inhabitants, 65;
inhabitants of district petition the King for a
House of Assembly, 507; suggestion to form a
district for the administration of justice at,
615; magistrates of, suggest the establishment
of a weekly court for the recovery of small
debts, 634, 637; representations of citizens at,
634-637; inhabitants object to the circuit court,
634, 637; protest of inhabitants re delay in
circuit courts, 635, 637; inhabitants request
the establishment of a civil prison, 635, 638;
suggestion as to limits of district, 638.
Thompson, Zachariah, Captain of ports, Quebec,
37.
Thurlow, Attorney General Edward, reports on
mode of government with abstract propositions
for its improvement, 305; notes as to source of
text in this volume, pp. 296, 305.

Tithes, regulations proposed, 303; rules for collec-
Timber Limits, provision for, 144, 222.

tion of, 557.

Townshend, Brigadier General George, references
to 3, 5, 6, 7, 96, 199.

Townsend, Brigadier General George, extract from
his despatch to Pitt, re capitulation of Quebec,
3; signs articles of capitulation of Quebec, 5.
Townshend, Thomas. See Sydney.
Trade, merchants and inhabitants to enjoy privil-
eges of, 18, 28; under French regime, 57;
remarks on, 70, 71; in Louisiana, 72; contra-
band trade between St. Pierre and Miquelon
and Newfoundland, 99; prohibition of contra-
band trade, 145, 146; effect of Pontiac's rebel-
lion on, 168; representation by British mer-
chants at Quebec on the condition of, 168; British
traders of Quebec complain of the restriction of,
168; merchants in London and Quebec, seek
the advancement of, 170; rules to be observed
by Governor in Council in passing laws relating
to, 213; English laws affecting commerce
applied to Quebec, 234; in Canada chiefly car-
ried on by English merchants, note p. 350;
instructions to Carleton relating to, 438; contra-
band trade infringes on rights of the United East
India Company, 445; Chief Justice Hey's
remarks on unsatisfactory state of, 458; plan
for the establishment of a Chamber of Com-
merce for the city and district of Quebec, 462;
merchants of Quebec protest against ordinances
relating to, 473; Haldimand's remarks on the
law concerning, 488; Governor and Council
authorized to make ordinance in favour of, 496;
ordinances passed in 1787 and 1788 relative to
trade and commerce with the United States,
note 2, p. 496; suggestion that the commercial
laws of England, subject to the Legislature, be
declared law in all matters of, 504; commercial
laws of England referred to, 512, 514; clause in
ordinance of 1785 providing for English rules
of evidences in commercial cases, 532; execu-
tions against lands and goods, 537; remarks

SESSIONAL PAPER No. 18

Trade-Continued.

of the British merchants trading with Quebec on
the exports and imports of the Province, 542-543;
remarks on trade with Newfoundland, 542-543;
trade with Vermont, 542; British merchants
trading with Quebec petition for regulations as
proposed for Newfoundland, 542; inconveniences
of colonial navigation acts bearing on the tim-
ber and fur trade, notes p. 543.
Trade, regulations in Carleton's instructions of 1786
re peltry, 559-560; Finlay's opinion that English
commercial law does not affect the titles or
tenure of lands or the distribution of property,
572; the English and the Loyalists desire the
commercial law of England, 572; proposal to
regulate the administration of justice in matters
of, 575; opinion of Sydney that Canadians have
right to retain laws guaranteed to them by terms
of capitulation, 586; English traders desire Eng-
lish commercial law in Quebec, 586, 601; Ma-
bane's remarks on trial by jury in commercial
causes, 605; suggestions for regulating appeals
in commercial causes, 624; suggestion to improve
the wheat and flour trade, and to establish public
markets, 633; magistrates of Cataraqui make
suggestions relative to trade in the western dist-
rict, 643; Loyalists ask that importation of lum-
ber from Vermont be prohibited, 645,648; legisla-
tures of the provinces to have the disposition of
the duties accruing from, 673, 683; Carleton's
suggestions for regulations re, 675; remarks on
commerical law for Canada, 691. See also Com-
merce, and Commerce and Police.
Trade, Indian, plans for remedying abuses in, 71;
proposal to keep up military force for security
of, 109, 113; license required for, 122, (see also pp.
102, 113); regulation of, 145, 223; English and
French inhabitants desire extension of limits of
the Province for purposes of, 351, 358; regula-
tions in Carleton's instructions of 1775, 428;
plan of regulations for, 436; merchants of Que-
bec object to an ordinance regulating, 473; sug-
gestions for removal of inconveniencies attend-
ing, 543. See also Indian Trade.
Trade, Fur, sketch of, 100.

Trade and Fisheries, regulations of 1786, 559-560;
see also Fisheries.

Trade and Navigation, instructions to Carleton re,
438; colonial and foreign relations, note p. 438;
regulations for civil procedure relating to, 443.
See also Navigation.

Traders of Quebec, British, Murray's recall due to
strained relations with, note p. 167; petition the
King for Murray's dismissal, 168.

Trading posts, of the French, list of, 71; the last
belonging to Canada annexed to Louisiana, 72.
Treaty of Paris, (1763), French text of, taken from
photographic reproduction of original, 73; pre-
liminaries of, signed at Fontainebleau, 73, 84;
list of treaties forming the basis of, 74, 85;
source of English version, note p. 84.
Treaty of Paris, (1783,) text of, 491; source of text in
this volume, note p. 491; dispute concerning ful-
filment of 5th and 6th articles, note p. 493; articles
not fulfilled by contracting parties, 690.
Treaty of Utrecht, violation of terms of, re fur
trade and fisheries, 100.

Treby, Capt., in command of British forces quarter-
ed at Trois Rivières, 66.
Trial by Jury. See Jury, Trial by.

Troops, Gage recommends a detachment of, for

each Indian trading post, 71; state of, re-
ported by Carleton, 196; assistance of, re-
quired by Gage, 410, 411; difficulty in raising
Canadian regiment, 455, 459, notes p. 461;
remarks re billeting of, on the inhabitants, 516.
See also Militia.

Tryon, Governor of New York, 339.
United East India Company, trade of, 445,
United Empire Loyalists. See Loyalists.
United States, by Treaty of Paris (1783) England
acknowledges independence of, 491; boundaries
stipulated by Treaty of Paris, (1783), 491, (see p.
690); titles of ordinances passed in 1787 and
1788 relative to trade and commerce with,
note 2, p. 496; Carleton suggests that instruc-
tions be given him as to the policy he is to
observe in dealing with, note 3, p. 551.
Vaudreuil, Marquis de, references to, 8, 9, 10, 11, 19,
20, 22, 23, 24, 28, 29, 123.

Vaudreuil, Marquis de, sends letter to Amherst re
capitulation of Montreal, 8; signs articles of
capitulation of Montreal, 20, 29; re claims for
lands, note p. 123.

Vermont, difficulties of, with State of New York,
497; Haldimand's account of his negotiations
with, 497; remarks on trade with, 542; objec-
tions concerning trade with, 628, 630, 645, 648.
Vialars, Anthony, member of committee of Quebec
petitioning for an assembly, 341.

Vice Admiral of Quebec, Murray appointed as, 239.
Walker, Thoinas, member of committee of Quebec,
petitioning for an assembly, 340, 341, 413.
Wall, Richard, signs the articles of the Treaty of
Paris, (1763), 83, 93.

Wearg, Sir Clement, his opinion on the right to
levy taxes, 371, 372.

Wedderburn, Sir Alexander, Solicitor General, re-

ferences to, 296, 362, 376, 377, 379, 380, 385, 387.
Wedderburn, Sir Alexander, Solicitor General, re-
reports on the defects in mode of government,
296, (see also p. 302); source of text in this vol-
ume, note p. 296; makes suggestions as to the
limit of authority of council, 297; suggests that
the criminal law of England should not be trans-
ferred to Canada in its entirety, 300; abstract
of regulations proposed by, 302-304; first draught
of Quebec Bill attributed to him, note p. 376;
frames second draught of Quebec Bill under
Dartmouth's instructions, note p. 377; his
opinion on creating the legislative council by
letters patent, note p. 380; notes on third
draught of Quebec Bill, 385; his view as to
English settlement of Canada, note p. 389.
Weights and Measures, proposals for the regulation
of, 617.

Wells, John, member of committee of Quebec peti-
tioning for an assembly, 341, 351, 413.
Williams, Jenkin, clerk of the council, references
to, 341, 351, 463, 466, 471, 472, 484, 488, 490, 586,
609, 620, 629.

Wills,
See Hillsborough.
Wilmot, Sir John Eardley, Chief Justice of the
Court of Common Pleas, 373.

Wilmot, Montagu, Governor of Nova Scotia. 117,
118, 124; report on draught of his commission as
governor of Nova Scotia, 117.

Witnesses, suggestions for the examination of, 250;
provisions in ordinance of 1785 for examination
of 532.

Wolfe, General James, issues manifestoes promis-
ing protection to the people, note p. 29.
Workhouse, suggestion that one be provided, 631.
Wright, James, Governor of Georgia, 124.

Writ of Appeal, clause in ordinance of 1783, relat-
ing to, 490.

Writs of Election, regulations concerning, 669, 680,
698, 699, 708.

Writs of Execution, nature of, procedure to be fol-
lowed in, 468.

Yorke, Attorney-General, C. references to, 174, 178,
185, 267.

Yorke, Attorney-General C.. makes report on civil
government of Quebec, 174.

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