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Ordinances made to be laid before

XIV. Provided also, and be it enacted by the Authority aforesaid, That every Ordinance so to be made, shall, within Six Months, be transmitted by the Governor, or, in his absence, by the Lieutenant Governor, or Commander in Chief for the Time being, and laid before His Majesty for Approbation. His Royal Approbation; and if His Majesty shall think fit to disallow

His Majesty for His

Ordinances touching Religion not to be in Force without His Majesty's Approbation.

When Ordinances are to be

passed by a Majority.

Nothing to hinder His Majesty to constitute Courts of Criminal,

thereof, the same shall cease and be void from the Time that His Majesty's Order in Council thereupon shall be promulgated at Quebec.

XV. Provided also, That no Ordinance touching Religion, or by which any Punishment may be inflicted greater than Fine, or Imprisonment for Three Months, shall be of any Force or Effect, until the same shall have received His Majesty's Approbation.

XVI. Provided also, That no Ordinance shall be passed at any Meeting of the Council where less than a Majority of the whole Council is present, or at any Time except between the First Day of January and the First Day of May, unless upon some urgent Occasion, in which Case every Member thereof resident at Quebec, or within Fifty Miles thereof, shall be personally summoned by the Governor, or, in his Absence, by the Lieutenant Governor, or Commander in Chief for the Time being, to attend the

same.

XVII. And be it further enacted by the Authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to prevent or hinder His Majesty, His Heirs and Successors, by His or Their Letters Patent under the Great Seal of Great Britain, from erecting, constituting, and appointing, such Courts of Criminal, Civil, and Ecclesiastical Ecclesiastical Jurisdiction within and for the said Province of Quebec, and appointing, Jurisdiction. from Time to Time, the Judges and Officers thereof, as His Majesty, His Heirs and Successors, shall think necessary and proper for the Circumstances of the said Province.

Civil and

All Acts

are hereby inforced

within the

Province.

XVIII. Provided always, and it is hereby enacted, That nothing in formerly made this Act contained shall extend, or be construed to extend, to repeal or make void, within the said Province of Quebec, any Act or Acts of the Parliament of Great Britain heretofore made for prohibiting, restraining, or regulating, the Trade or Commerce of His Majesty's Colonies and Plantations in America; but that all and every the said Acts, and also all Acts of Parliament heretofore made concerning or respecting the said Colonies or Plantations, shall be, and are hereby declared to be, in Force, within the said Province of Quebec, and every Part thereof.

Preamble.

XXVI

THE QUEBEC REVENUE ACT, 1774

(14 George III, c. 88.)

An Act to establish a fund towards further defraying the charges of the Administration of Justice, and support of the Civil Government within the Province of Quebec in America.

Whereas certain duties were imposed by the authority of his Most Christian Majesty upon wine, rum, brandy, eau de vie de liqueur, imported into the Province of Canada, now called the Province of Quebec, and also a duty of three pounds per centum ad valorem upon all dry goods imported Certain duties into and exported from the said Province, which duties subsisted at the imposed by his most Christian time of the surrender of the said Province to your Majesty's forces in the Majesty upon late war: And whereas it is expedient that the said duties should cease rum, brandy and be discontinued, and that in lieu and instead thereof other duties should etc., imported into Quebec. be raised by the authority of Parliament for making a more adequate provision for defraying the charge of the administration of justice and the support of civil Government in the said Province; We, your Majesty's most dutiful and loyal subjects, the Commons of Great Britain in Parliament assembled, do most humbly beseech your Majesty that it may be enacted, and be it enacted by the King's most Excellent Majesty, by and with the

discontinued

advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same: That from and after the fifth day of April, one thousand, seven hundred After April 5, and seventy-five, all the duties which were imposed upon rum, brandy. 1775, to be cau de vie de liqueur, within the said Province, and also of three pounds within the per centum ad valorem on dried goods imported into or exported from the Province, said Province, under the authority of his most Christian Majesty, shall be and are hereby discontinued; and that in lieu and instead thereof there shall from and after after the said fifth day of April, one thousand seven hun- and instead of which the foldred and seventy-five be raised, levied, collected, and paid unto his Majesty lowing duties his heirs and successors, for and upon the respective goods hereinafter to be paid to mentioned, which shall be imported or brought into any part of the said His Majesty. Province, over and above all other duties now payable in the said Province, by any Act or Acts of Parliament, the several rates and duties following:

that is to say,

For every gallon of brandy, or other spirits, of the manufacture of The rates. Great Britain, three-pence.

For every gallon of rum, or other spirits, which shall be imported or brought from any of his Majesty's sugar colonies in the West Indies, sixpence.

For every gallon of rum, or other spirits which shall be imported or brought from any other of his Majesty's colonies or dominions in America,' nine-pence.

For every gallon of foreign brandy, or other spirits of foreign manufacture imported or brought from Great Britain, one shilling.

For every gallon of rum or spirits of the produce or manufacture of any of the Colonies or Plantations in America, not in the possession or under the dominion of his Majesty, imported from any other place except Great Britain, one shilling.

For every gallon of molasses and syrups which shall be imported or brought into the said Province in ships or vessels belonging to his Majesty's subjects in Great Britain or Ireland, or to his Majesty's subjects in the said Province, three-pence.

For every gallon of molasses and syrups, which shall be imported or brought into the said Province in any other ships or vessels in which the same may be legally imported, six-pence; and after those rates for any greater or less quantity of such goods respectively.

etc.,

II. And it is hereby further enacted by the authority aforesaid, that Rates deemed sterling money the said rates and duties charged by this Act shall be deemed, and are of Great hereby declared, to be sterling money of Great Britain, and shall be col- Britain. lected, recovered, and paid to the amount of the value of which such nominal sums bear in Great Britain; and that such monies may be received and taken according to the proportion and value of five shillings and sixpence the ounce in silver; and that the said duties hereinbefore granted shall be raised, levied, collected, paid, and recovered, in the same manner How they are and form, and by such rules, ways, and means, and under such penalties to be levied, and forfeitures, except in such cases where any alteration is made by this Act, as any other duties payable to his Majesty upon goods imported into any British Colony or Plantation in America are or shall be raised, levied, collected, paid, and recovered, by any Act or Acts of Parliament, as fully and effectually, to all intents and purposes, as if the several clauses, powers directions, penalties, and forfeitures relating thereto, were particularly repeated and again enacted in the body of this present Act: and that all the monies that shall arise by the said duties (except the necessary charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same), shall be paid by the Collector of his Majesty's Customs, into the hands of his Majesty's Receiver-General in the said Province for the time being, and shall be applied in the first place in making a more certain and adequate provision towards defraying the expences of the and how to administration of justice and of the support of Civil Government in the be applied. said Province; and that the Lord High Treasurer, or Commissioners of his Majesty's Treasury, or any three or more of them for the time being,

to whom they are to be paid,

Regluations with respect to goods brought into the Province chargeable with the

duties before

mentioned.

Penalties and forfeitures when to be prosecuted for, etc.

Any person keeping a house of

publick enter tainment to pay £1 16s. for a license.

Penalty of

$10 for every

offence.

Not to make void French

revenues, etc., reserved at

shall be, and is, or are hereby impowered, from time to time, by any warrant or warrants under his or their hand or hands, to cause such money to be applied out of the said produce of the said duties, towards defraying the said expences; and that the residue of the said duties shall remain and be reserved in the hands of the said Receiver-General, for the future disposition of Parliament.

III. And it is hereby further enacted by the authority aforesaid that if any goods chargeable with any of the said duties herein-before mentioned shall be brought into the said Province by land carriage, the same shall pass and be carried through the port of St. John's, near the River Sorrel; or if such goods shall be brought into the said Province by any inland navigation other than upon the River St. Lawrence, the same shall pass and be carried upon the said River Sorrel by the said port, and shall be there entered with, and the said respective rates and duties paid for the same, to such officer or officers of his Majesty's Customs as shall be there appointed for that purpose; and if any such goods coming by land carriage or inland navigation, as aforesaid, shall pass by or beyond the said place before named, without entry or payment of the said rates and duties, or shall be brought into any part of the said Province by or through any other place whatsoever, the said goods shall be forfeited; and every person who shall be assisting, or otherwise concerned in the bringing or removing such goods, or to whose hands the same shall come, knowing that they were brought or removed contrary to this Act, shall forfeit treble the value of such goods, to be estimated and computed according to the best price that each respective commodity bears in the Town of Quebec, at the time such offence shall be committed; and all the horses, cattle, boats, vessels, and other carriages whatsoever, made use of in the removal, carriage, or conveyance of such goods, shall also be forfeited and lost, and shall and may be seized by any officer of his Majesty's Customs, and prosecuted as hereinafter mentioned.

IV. And it is hereby further enacted by the authority aforesaid, that the said penalties and forfeitures by this Act inflicted, shall be sued for and prosecuted in any Court of Admiralty, or Vice-Admiralty, having jurisdiction within the said Province, and the same shall and may be recovered and divided in the same manner and form, and by the same rules and regulations in all respects as other penalties and forfeitures for offences against the laws relating to the customs and trade of his Majesty's Colonies in America shall or may, by any Act or Acts of Parliament be sued for, prosecuted, recovered, and divided.

V. And be it further enacted by the authority aforesaid, that there shall from and after the fifty day of April, one thousand seven hundred and seventy-five, be raised, levied, collected and paid unto his Majesty's Receiver-General of the said Province for the use of his Majesty, his heirs and successors, a duty of one pound sixteen shillings, sterling money of Great Britain, for every licence that shall be granted by the Governor, Lieutenant-Governor, or Commander in Chief of the said Province to any person or persons for keeping a house or any other place of publick entertainment, or for the retailing wine, brandy, rum, or any other spirituous liquors within the said Province; and any person keeping any such house or place of entertainment, or retailing any such liquors without such licence shall forfeit and pay the sum of ten pounds for every such offence, upon conviction thereof; one moiety to such person as shall inform or prosecute for the same, and the other moiety shall be paid into the hands of the Receiver-General of the Province for the use of his Majesty.

VI. Provided always that nothing herein contained shall extend or be construed to extend to discontinue, determine, or make void any part of the territorial or casual revenues, fines, rents, or profits whatsoever, the conquest. which were reserved to, and belonged to his Most Christian Majesty, before and at the time of the conquest and surrender thereof to his Majesty, the King of Great Britain; but that the same and every one of them, shall remain and be continued to be levied, collected, and paid in the

same manner as if this Act had never been made: anything therein contained to the contrary notwithstanding.

suant to this

VII. And be it further enacted by the authority aforesaid, that if In suits any action or suit shall be commenced against any person or persons for brougth puranything done in pursuance of this Act, and if it shall appear to the Court Act, defendor Judge where or before whom the same shall be tried, that such action ants to have or suit is brought for anything that was done in pursuance of, and by the treble costs. authority of this Act, the defendant or defendants shall be indemnified and acquitted for the same; and if such defendant or defendants shall be so acquitted; or if the plaintiff shall discontinue such action or suit, such Court or judge shall award to the defendant or defendants treble costs.

XXVII

ADDRESS OF THE GENERAL CONGRESS TO THE INHABIT-
ANTS OF THE PROVINCE OF QUEBEC'

Friends and Fellow-Subjects,

October 26th, 1774.

We, the delegates of the colonies of New-Hamshire, Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New-Jersey, Pennsylvania, the counties of Newcastle, Kent and Sussex on the Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, deputed by the inhabitants of the said Colonies, to_represent them in a general congress at Philadelphia, in the province of Pennsylvania, to consult together of the best methods to obtain redress of our afflicting grievances, having accordingly assembled, and taken into our most serious consideration the state of public affairs on this continent, have thought proper to address your province, as a member therein deeply interested.

When the fortune of war, after a gallant and glorious resistance, had incorporated you with the body of English subjects, we rejoiced in the truly valuable addition, both on our own and your account; expecting, as courage and generosity are naturally united, our brave enemies would become our hearty friends, and that the Divine Being would bless to you the dispensations of his over-ruling Providence, by securing to you and your posterity the inestimable advantages of a free English constitution of government, which it is the privilege of all English subjects to enjoy.

These hopes were confirmed by the King's proclamation, issued in the year 1763, plighting the public faith for your full enjoyment of those advantages.

Little did we imagine that any succeeding ministers would so audaciously and cruelly abuse the royal authority, as to withhold from you the fruition of the irrevocable rights, to which you were thus justly entitled.

But since we have lived to see the unexpected time, when ministers of this flagitious temper have dared to violate the most sacred compacts and obligations, and as you, educated under another form of government, have artfully been kept from discovering the unspeakable worth of that form you are now undoubtedly entitled to, we esteem it our duty, for the weighty reasons hereinafter mentioned, to explain to you some of its most important branches.

'In every human society, (says the celebrated Marquis Beccaria) there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort, and to diffuse their influence universally and equally.'

Rules stimulated by this pernicious 'effort', and subjects, animated by the just 'intent of opposing good laws against it,' have occasioned that vast variety of events, that fill the histories of so many nations. All these

This document illustrates the attempt by the American Colonies to induce Canada to take part in the Continental Congress of 1775. See J. H. Smith, Our Struggle for the Fourteenth Colony.

histories demonstrate the truth of this simple position, that to live by the will of one man, or set of men, is the production of misery to all.

On the solid foundation of this principle, Englishmen reared up the fabric of their constitution with such a strength, as for ages to defy time, tyranny, treachery, internal and foreign wars: and as an illustrious author of your nation, hereafter mentioned, observes, 'They gave the people of their colonies the form of their own government, and this government carrying prosperity along with it, they have grown great nations in the forests they were sent to inhabit.'

In this form the first grand right is, that of the people having a share in their own government by their representatives, chosen by themselves, and in consequence of being ruled by laws which they themselves approve, not by edicts of men over whom they have no control. This is a bulwark surrounding and defending their property, which by their honest cares and labours they have acquired, so that no portions of it can legally be taken from them, but with their own full and free consent, when they in their judgment deem it just and necessary to give them for public services: and precisely direct the easiest, cheapest, and most equal methods, in which they shall be collected.

The influence of this right extends still farther. If money is wanted by rulers, who have in any manner oppressed the people, they may retain it, until their grievances are redressed; and thus peaceably procure relief, without trusting to despised petitions, or disturbing the public tranquility.

The next great right is that of trial by jury. This provides, that neither life, liberty, nor property can be taken from the possessor, until twelve of his unexceptionable countrymen and peers, of his vicinage, who from their neighbourhood may reasonably be supposed to be acquainted with his character, and the characters of the witnesses, upon a fair trial, and full enquiry, face to face, in open court, before as many of the people as choose to attend, shall pass their sentence upon oath against him; a sentence that cannot injure him, without injuring their own reputation, and probably their interest also; as the question may turn on points that in some degree, concern the general welfare: and if it does not, their verdict may form a precedent, that, on a similar trial of their own, may militate against them.

Another right relates merely to the liberty of the person. If a subject is seized and imprisoned, though by order of government, he may, by virtue of this right, immediate obtain a writ, termed a Habeas Corpus, from a judge, whose sworn duty it is to grant it, and thereupon procure any illegal restraint, to be quickly enquired into and redressed.

A fourth right is, that of holding lands by the tenure of easy rents, and not by rigorous and appressive services, frequently forcing the possessors from their families and their business, to perform what ought to be done, in all well regulates states, by men hired for the purpose.

The last right we shall mention, regards the freedom of the press. The importance of this consists, besides the advancement of truth, science and morality, and arts in general, in its diffusion of liberal sentiments on the administration of government, its ready communication of thoughts between subjects, and its consequential promotion of union among them, whereby oppressive officers are shamed or intimidated into more honourable and just modes of conducting affairs.

These are the invaluable rights that form a considerable part of our mild system of government: that sending its equitable energy through all ranks and classes of men, defends the poor from the rich, the weak from the powerful, the industrious from the rapacious, the peaceable from the violent, the tenants from the lords, and all from their superiors.

These are the rights, without which a people cannot be free and happy, and under the protection and encouraging influence of which, these colonies have hitherto so amazingly flourished and increased. These are the rights a profligate ministry are now striving, by force of arms, to ravish from us, and which we are, with one mind, resolved never to resign but with our lives.

These are the rights you are entitled to, and ought at this moment in

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