XXXIX

PLAN FOR A HOUSE OF ASSEMBLY'

[Trans.: Shortt and Doughty.]

We conceive that the House of Assembly ought for the present, to consist of a Number not exceeding 70 Representatives, who ought all to profess the Christian Religion, And Speak and write the English or french languages.

That, to procure that Number, the City of Quebec (being the Capital) and Parish, and the City of Montreal and Parish, between them, elect 13, Members. The city of three Rivers 2, Members. And as there are in the province 120 parishes, that they be divided into counties and districts according to the Number of Inhabitants, in such manner as each County or district may elect two or four Members.

That the Legislature have the power, on application to them, to erect such parishes as may in future be settled, into Counties or districts, to elect and Send Members to the Assembly, as the province increases in population.

That the qualification necessary to have a Vote at the Election of the representatives for the Cities shall be, a House, Shed or lot of Ground of the Value of forty Pounds Sterling; And, for the Counties or districts, a real Estate, Estate of Inheritance or Terre en roture, of at least, one and a half Acres in front by 20 Acres in Depth, or other Estate of higher denomination, And of which the Voter shall have the absolute property, lying within the district or County, or City and parish he votes for.

That the qualification necessary for a person offering himself_to_serve as a representative shall be a real Estate of Inheritance or descent in Lands or Houses of the Value of thirty Pounds Sterling yearly Rent.—

That every person shall prove by Oath, (under the pains and penalties of perjury) his qualification to either Vote or represent, being of the age of twenty one years, And be absolute proprietor of the qualification. That none but Males shall either Vote or represent.

That the Assembly have free liberty of debate, And the power of chusing a speaker.

That all laws relating to taxation or raising monies on the Subject, originate in the House of Assembly.

That the Assembly have the sole right to try and decide in all contested Elections.

That all affairs be carryed in the Assembly by a Majority of Votes. That at every Meeting of the Assembly, the Speaker, And, at least one half of the representatives be necessary to form a house.

That the Governor or Lieutenant Governor for the time being, shall be obliged to call together the representatives in assembly, once every year, between the first of January and the first of May of every year, And, at any other time the Urgency of Affairs may require.

Endorsed: Plan for a House of Assembly drawn up by the Committee's of Quebec and Montreal, in November 1784.

In Mr. Lymburner's, 24th July, 1789.

1 Adam Lymburner, who represented in London those who signed the petition of Nov. 24, 1784 (No. XXXVIII), informed Grenville by letter on July 24, 1789, that a Committee of the memorialists had drawn up a plan for a House of Assembly, which he enclosed and possibly endorsed, as follows:

"When this plan was made out in the fall of 1784, the loyalists had not begun their new Settlements. As these new Settlements have been divided, and erected into five new districts, it may be proper that each district send a certain number of Representatives. And that the two districts of Quebec and Montreal, containing the old settled part of the Country, be divided into a certain number of districts (for the purpose of electing Representatives only) to choose Members for the House of Assembly."

XL

OBJECTIONS TO THE REQUESTS MADE TO OUR AUGUST SOVEREIGN, DECEMBER, 17841

[Trans. Shortt and Doughty.]

In the Address read at an Assembly held at the house of the R.R.P.P. Recolets, the 30th of November, 1784.

That, considering the burden of Great Britain, a House of Assembly should be granted us, to impose Taxes, &c.

That we ought certainly to view with sorrow the burden of our Mother Country; but alas! it can only be a fruitless sorrow, for what remedy can we offer? We, whose wants increase day by day; we, who, every year despoil ourselves of our last farthing to pay for the supplies, which this Mother Country is compelled to furnish us, and which are already exhausted; we, who in spite of the enormous sums, which in consequence of the war have been left in this country, are still in arrears with the parent state, for the balance of a considerable sum. What then are the resources on which taxes could be levied? Is it on the Towns? Who does not know the poverty of their Citizens. Is it on the Lands? Who does not know that the rural districts are in debt to the Towns, and have at present nothing with which to liquidate; that misery is the lot of a very large portion of their Inhabitants? What will be the result then, if a portion of their labours must be applied to the support of the State?

This representation, which is true in every point, ought to be convincing evidence that a House of Assembly for the imposition of Taxes is not only useless, but would be prejudicial to the interests of this Colony.

That the Chamber be indifferently composed of the ancient and new Subjects, &c.

This article requires more explanation: for, from this word indiffercntly there might be as many and even more ancient than new Subjects in the House, which would be contrary to natural right, as there are twenty Canadians to one ancient Subject. What would become of our rights if they were entrusted to Strangers to our Laws.

That the Council be composed of thirty members without salaries, &c. This might be satisfactory if there were enough disinterested rich men to take the part of the people, the honest poor man being unable to give his time for nothing.

That the Criminal Laws of England be continued here.

That the leniency of these laws would make their continuation desirable; but the demand is unnecessary, since they are in force.

That the Laws, Usages and Customs of this Country be continued; subject nevertheless, to those changes that the Legislation may find necessary, &c.

This article is contradictory; in that it affirms our Rights, and completely destroys them. For as a matter of fact, is it not destroying them to subject them to any alterations which the Legislation may find it necessary to make? Would they not become arbitrary? What statutes could be based on Rights as changeable as the House to which they will be sub mitted?

That the Commercial Laws of England be declared those of this Province, subject to the same alterations as in Article IV, &c.

That the reply to article IV will serve for this article.

That the Act of Habeas Corpus shall be in force, &c.

That our August Sovereign having granted it to us, it is unnecessary to trouble him further concerning it.

1 This is a translation of a reply drawn up on behalf of the French-Canadians to the petition of 24 Nov., 1784 (No. XXXVIII). Although printed in December, 1784, it was not sent officially to England till January, 1789, when Dorchester forwarded it in a despatch to Sydney.

That in the Courts of Jurisdiction, Juries may be granted at the request of the Parties concerned.

That this article is entirely in favour of the Rich against the Poor. If they are the ordinary Juries; Ye poor men, what will become of your families, when you are forced to leave your work, for a part of the year, to go and decide causes which in no way concern you? You already complain at being compelled to interrupt your work when you are summoned for Criminal Affairs, which occurs six times in the year. What would be the result if you were obliged to take part in every sitting? Some one perhaps will say that this is done in London, and it can therefore be done in this country. But let such a one compare the number of citizens in London, amounting to about three hundred thousand men, with twelve hundred which, at the most is all that you are in this town and its suburbs. He will then see that you would be obliged to be present at the sittings, two hundred and fifty times for every time that a citizen of London need appear. Judge from this if you have any other trade to carry on, what would become of your families.

If the Juries are special ones (and in consequence remunerated) what poor man is there who could contend against a rich oppressor who has unjustly seized his property; and who, to crush him, may demand a Jury (which could not be refused him) would not this force the poor man to the alternative of giving up his cause, or or being totally ruined if he loses. Complaints are now being made of the expense which Justice entails. Who will be able to afford it, when the payment of twelve Jurors is to be added? Would not this close the door of the Sanctuary of Justice to the poor.

That the Sheriffs shall be elected by the House, approved and commissioned by the Governor, &c.

That if the Sheriff nominated by the House does not please the Governor, what will become of the administration of the Laws of Justice? Will not a time of anarchy in consequence ensue, prejudicial to the public interests.

That no civil Officer shall be suspended from his office by the Governor without the consent of the Council, &c.

That no new civil Office shall be created by the Governor without the consent of the Council, &c.

That all positions of trust shall be filled by the Persons themselves, &c. That the three preceding articles would be admissible, time and place considered.

That Judges shall be appointed for the Courts of the Province, and that they shall have fixed and sufficient stipends.

That it is right to have Judges to administer Justice, and that they ought to have stipends sufficient to live suitably to their station. For, without that, they will either neglect the duties of their office, to occupy themselves with the care of their own interests, or they will put Justice up to auction.

That appeals from the Courts of Justice of this Province be made to the Lord Chancellor, at the Court of Westminster Hall.

That up to the present time we have made appeals to the King and his Council, who have taken our Laws as the guide of their decisions. But what will become of our Rights when brought before a Court which will deviate in nothing from the British Laws & Constitution? And further if the Council of the Province changes your laws, and replaces them by the laws of England, in what confusion and difficulty shall we not be placed? If, on the contrary, they are allowed to remain in force what means of Appeal shall we have in a Court which entirely ignores them.

That it may Please His Majesty in the interests of Commerce, and for the encouragement of Agriculture to invest the House of Assembly with power to impose Taxes, &c.

That this article duly considered would give rise to many reflections. For what community is there between our requirements & the proximity, the climate, and the situation of the United States which give them the advantage in Trade over us? Would the imposition of Taxes add three

L

months to our summer, and make our river navigable for the whole year? No: then the advantage would still be on our neighbours' side. Would Taxes make our Agriculture flourish? No: for the Seigniors to encourage Agriculture give the lands for three years, exempt from all dues, and the lands often lie uncultivated for lack of means to work them.

What is it then that compensates for the advantages they possess over us? It is the peace that our rural districts have hitherto enjoyed; free from Taxation, and in spite of the severity of the climate, they have seen the fruit of their labours, and have enjoyed it. To this it may be urged that the rural districts are harassed by the billeting of Troops and by corvées. This is true, but would the imposition of Taxes exempt them from this burden. Let us see.

When the King considers it necessary to send Troops into this Colony for the safety of our possessions, would any one oppose it? No, this is a right which the King possesses in all his Dominions, without even being obliged to give account of his action. Have we Barracks in a condition for housing these Troops? No: can they live the whole year under canvas? no; then we must either construct Barracks, or lodge them.

Troops bring with them a considerable amount of ammunition, provisions, &c. Who is to transport these goods to their destination? willing men, it will be said, who will be well paid. You can get willing men, it is true, but at a rate so exorbitant that the Province would not have enough to pay for this one branch of defence. If you impose taxes upon them, you will no longer find them. So then, not to put a stop to works so indispensable, it will be necessary to commandeer; and in consequence we must have recourse to Corvées.

But someone will perhaps say as has already been said, that what are called Volunteers will be raised in the country. Here then would be a band of Freemen condemned to Slavery. Is it not enough for fortune to have treated them so unkindly, without increasing their misery by slavery. This being inadmissible, taking everything into consideration it appears conclusive after mature deliberation that Taxation cannot exempt us from the billeting of Troops, or from corvées; and that consequently an Assembly for the imposing of Taxes would be contrary to the interests of this impoverished Colony.

End.

I certify that during the Course of the month of December of the year 1784, I have printed about two hundred copies of the Objections and about the same number of an Address to His Majesty in opposition to the House of Assembly, (in the same space of time) Montreal, 29th December, 1788. FL. MESPLET, printer.

XLI

THE VERY HUMBLE ADDRESS OF THE ROMAN CATHOLIC CITIZENS AND INHABITANTS OF DIFFERENT CONDITIONS IN THE PROVINCE OF QUEBEC IN CANADA'

Sire,

[Trans. Shortt and Doughty.]

TO THE KING

The Favours which it has pleased Your Royal and Generous Heart to heap upon Your faithful and loyal Canadian Subjects, the present illconsidered Measures of Your Ancient Subjects resident in our Province and the small Number of New Subjects who have joined them, make us hope that Your Most Gracious Majesty will allow us to kneel down at the Foot of your Throne to implore Your Benevolence and Your Justice.

In the Addresses which we have taken the Liberty of transmitting to Your Majesty, Two points have the unanimous Consent of our Fellow1 This address, which is here printed from a translation, is unsigned and undated. See, however, conclusion of previous document.

citizens. The Religion of our Forefathers was for Your new Subjects, as to every People in the World, the essential Point of our Petitions. Animated by that Confidence with which the Generosity of our Sovereign inspired us, we hoped, and still hope that Your Majesty will grant us the necessary Means for perpetuating it in our Colony. We are, Most Gracious Sovereign, in most urgent need of Priests to carry on the work of the Seminaries and Missions of our Province; Directors and Professors of this Class, and indeed of any other are lacking. Our Colleges are deserted; from this want arises Ignorance, and from Ignorance Moral Depravity. Submissive and loyal, this People hope to receive from Your Royal Clemency, Permission to bring from Europe, Persons of this Class.

The second Object, Most Gracious Sovereign, was that under whatever Form of Government might seem best to Your Majesty to establish in this Province, Your Catholic Canadian Subjects, without distinction, might enjoy all the Privileges, Immunities, and Prerogatives, enjoyed by British Subjects in all those Parts of the Globe, which are under Your Sway.

From this second Object follows our most earnest Desire to see in the Legislative Council of our Province a larger Number of Your New Catholic Subjects in proportion to their numbers; Persons experienced in our Customs, who being naturally better acquainted with our Municipal Laws, would more effectually impress on us the Advantages resulting from the Royal Instructions of Your Majesty, who has granted them to us.

An Infant Colony, a People very imperfectly acquainted with the British Laws and Constitution does not feel that it ought, without due consideration, to ask for Laws and Customs as yet unknown to it; it ought, on the contrary, and such is the opinion of Your Petitioners, to cast itself entirely on the Goodness of its August Sovereign, who can best form the Government which is most suited to his Subjects, and employ the Measures most fitted to render them happy.

May we be allowed to assure Your Majesty, that we in no wise concur in the Petitions' of Your Ancient Subjects, conjointly with some New Ones, whose Number compared with the total number comprised in our Province, can exercise but little Influence.

That the Greater Number of the principal Proprietors of our Colony have not been consulted.

May it please You, Most Gracious Sovereign, to consider, that the House of Assembly is not the unanimous Wish, nor the general Desire of Your Canadian People, who through Poverty and the Misfortunes of a recent War, of which this Colony has been the Theatre, are not in a Con dition to bear the Taxes which must necessarily ensue, and that in many respects to Petition for it appears contrary to, and inconsistent with the wellbeing of the New Catholic Subjects of Your Majesty.

For this reason, Most Gracious Sovereign, we entreat You that in Consideration of the Fidelity and Loyalty of Your Canadian Subjects, to whose Behaviour in the most critical Circumstances, their former Gov. ernour Sir Guy Carleton has testified, our Diocesan Bishops may be allowed to bring over from Europe the Spiritual Help, which is so indis pensably necessary for us, that the free Exercise of our Religion may be continued to us to the fullest Extent, without any Restriction, that our Municipal and Civil Laws may be preserved in their Entirety, and that with these two Points may be granted the same Privileges enjoyed by our Forefathers and ourselves, before the Conquest of this Country by the victorious Arms of Your Majesty; that Your new Catholic Subjects, who form nineteen twentieths of this Province, may in the future, proportionately to their Number, have a larger Share in the Distribution of Your Royal Favours. And that, in Case it should be Your Royal Will to agree to the Petitions of Your Ancient Subjects, and of some New Ones, it may please you to suspend Your Royal Judgment till all the Classes and Communities which compose our Colony shall have been universally and legally called together, which the Lateness of the Season, at present prevents us 1 See No. XXXVIII.