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 Cathlic 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 the Petitions', of Your Ancient Subjects, conjointly with some New nes, 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 Governour 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 Foyal Favours. And that, in Case it should be Your Royal Will to agree the Petitions of Your Ancient Subjects, and of some New Ones, it may lease you to suspend Your Royal Judgment till all the Classes and Communities which compose our Colony shall have been universally and legally alled together, which the Lateness of the Season, at present prevents us 1 See No. XXXVIII.

from doing; so that by these Means the unanimous Wish of our People may be transmitted to Your Majesty.

This is what Your faithful and loyal Canadian Subjects, relying upon Natural Right, and still more, upon Your Paternal Affection, humbly hope to obtain from their Most Gracious Sovereign. They will never cease to pray for the Preservation of Your Sacred Person, for your August Family, and for the Prosperity of your Realm. Such are the feelings which lead us to subscribe ourselves, with the deepest Respect.

INSTRUCTIONS TO LORD DORCHESTER, 17861

[Trans. Shortt and Doughty.]

Instructions to Our Right Trusty and Welbeloved Guy Lord Dorchester, Knight of the Most Honourable Order of the Bath-Our Captain General and Governor in Chief in and over Our Province of Quebec in America, and of all Our Territories dependent thereupon-Given at Our Court at St. James's the 23d Day of August, 1786. In the Twenty Sixth year of Our Reign.

12....The Establishment of Courts and a proper Mode of administering Civil and Criminal Justice throughout the whole Extent of Our Province according to the Principles declared in the said Act for making more effectual provision for the Government thereof demand the greatest Care and Circumspection, for as on the one Hand it is Our gracious purpose, conformable to the Spirit and Intention of the said Act of Pariiament, that Our Canadian Subjects should have the Benefit and Use of their own Laws, Usages and Customs in all Controversies respecting Titles of Land, and the Tenure, Descent, Alienation, Incumbrances and Settlements of real Estates and the Distribution of personal property of Persons dying intestate, so on the other hand it will be the Duty of the Legislative Council to consider well in framing such Ordinances, as may be necessary for the Establishment of Courts of Justice, and for the better Administration of Justice, whether the Laws of England may not be, if not altogether, at least in part the Rule for the Decision in all Cases of personal Actions grounded upon Debts, Promises, Contracts and Agreements, whether of a Mercantile or other Nature, and also of Wrongs proper to be compensated in Damages, and more especially where Our Natural born Subjects of Great Britain, Ireland, or other Plantations residing at Quebec, or who may resort thither or have Credit or Property within the same, may happen to be either Plaintiff or Defendant in any Civil Suit of such a Nature.

14.... Whereas, in pursuance of Our former Instructions to Our Govcrnors and Commanders in Chief, Courts of Justice have been established within Our province of Quebec, It is Our Will and Pleasure that you do take due care that in all Cases whatever the Powers and Authorities granted by Us, or by any Ordinance confirmed by Us, to the said several Courts be duly observed and enforced, and that the Proceedings therein be in all things conformable to the said Act of Parliament "for making

1 In 1786 Carleton was raised to the peerage as Baron Dorchester, on his reap pointment as Governor. These new instructions reflect new conditions. (Compare No. XLIII). Several Sections have been omitted.

"more effectual provision for the Government of the Province of Quebec," and to such Ordinances as may have been or hereafter may be enacted by the Legislature for those purposes; And that the Governor and Council (of which in the Absence of the Governor and Lieutenant Governor the Chief Justice is to be President) shall continue to be a Court of Civil Jurisdiction for the hearing and determining of all Appeals from the Judgment of the other Courts, where the Matter in dispute is above the Value of ten Pounds; That any five of the said Council (if no more shall upon Summons be present) with the Governor, Lieutenant Governor or Chief Justice shall constitute a Court for that purpose, and that their Judgment shall be final in all Cases not exceeding the Value of five hundred Pounds Sterling; In which Cases an Appeal from their Judgment is to be admitted to Us in Our Privy Council; It is however Our Will and Pleasure that no Appeal be Allowed unless Security be first duly given by the Appel. lant that he will effectually prosecute the same, and answer the Condemnation, as also pay such Costs and Damages as shall be awarded by Us, in case the Sentence be affirmed; Provided nevertheless, where the Matter in Question relates to the taking or demanding of any Duty payable to Us, or to any Fee of Office, or Annual Rents or other such like Matter or Thing, where the Right in future may be bound, in all such Cases Appeal to Us in Our Privy Council is to be admitted, though the immediate Sum or Value appealed for be of less Value; and it is Our further Will and Pleasure that in all Cases where Appeals are admitted unto Us in Our Privy Council Execution be suspended until the final Determination of such Appeal, Unless good and sufficient Security be given by the Appellee to make ample restitution of all that the Appellant shall have lost by means of such Decree or Judgment, in case upon the Determination of such Appeal such Decree or Judgment should be reserved, and restitution awarded to the Appellant: Appeals unto Us in Our Privy Council are also to be admitted in all Cases of Fines imposed for Mis-demeanours, Provided the Fines so imposed amount to or exceed the Sum of One hundred Pounds Sterling, the Appellant first giving good Security that he will effectually prosecute the same, & answer the Condemnation, if the Sentence by which such Fine was imposed in Quebec be affirmed.

16....It is Our Will and Pleasure that all Commissions, to be granted by you to any person or persons to be Judges or Justices of the Peace or other necessary Officers, be granted during Pleasure only.

37....Whereas it will be for the general Benefit of Our Subjects carrying on the Fishery in the Bay of Chaleur in Our Province of Quebec that such Part of the Beach & Shore of the said Bay as is ungranted should be reserved to Us, Our Heirs & Successors, It is therefore Our Will and Pleasure that you do not in future direct any Survey to be made or Grant to be passed for any Part of the ungranted Beach or Shore of the said Bay of Chaleur, except such Parts thereof as by Our Orders in Council dated the 29th of June and 21st of July last are directed to be granted to John Shoolbred of London, Merchant, and to Messrs. Robin Pipon and Co. of the Island of Jersey, Merchants, but that the same be reserved to Us, Our Heirs and Successors together with a sufficient Quantity of WoodLand adjoining thereto necessary for the purpose of carrying on the Fishery; The Limits of such Wood-Land so to be reserved, to be determined upon and ascertained by you and Our Council for Our said Province of Quebec in such manner as from the most authentick Information shall appear to you & them most convenient and proper for that purpose; It is nevertheless Our Intention and We do hereby signify to you Our Will and Pleasure that the free Use of such Beach or Shore and of the Wood-Land so to be reserved shall be allowed by you or any Person authorized by you to such of Our subjects as shall resort thither for the Purpose of carrying on the Fishery in such proportions as the Number of Shallops, he or th

shall respectively employ, may require; provided that, if any Fisherman who shall have permission to occupy any Part of the said Beach or Shore and Wood-Land for the purpose of the said Fishery shall not during any one Season continue so to occupy & employ any Part of the said Beach or Shore and Wood Land so allotted to him, you or any Person authorized by you as above may & shall allow the Use of such Part to any other Fisherman who shall apply for the same for the purpose of carrying on the Fishery. And Whereas it may be necessary to establish local Regulations to prevent Abuses as well as Disputes and Misunderstanding between the Fishermen resorting to the said Beach or Shore; It is Our Will and Pleasure that you, by and with the Advice and Consent of Our said Council, do frame such Regulations from time to time as to you shall appear necessary to answer those salutary Purposes and that you transmit the same to Us thro' one of Our Principal Secretaries of State for Our Pleasure therein by the first Opportunity.

38....We have mentioned to you the Fisheries upon the Coast of Labrador as the Main Object of your Attention, but the Commerce carried on with the Savages of that Coast and the State and Condition of those Savages deserve some regard: The Society of Unitas Fratrum urged by a laudable Zeal for promoting Christianity have already under Our protection and with Our permission formed Establishments in the northern Parts of that Coast for the purpose of civilizing the Nations and converting them to the Christian Religion. Their Success has been answerable to their Zeal, and It is Our express Will and Pleasure that you do give them every Countenance & Encouragement in your Power, and that you do not allow any Establishment to be made but with their Consent within the Limits of their Possessions.

39....By Our Commission to you under Our Great Seal of Great Britain you are authorized & impowered with the Advice and Consent of Our Council to settle and agree with the Inhabitants of Our said Province of Quebec for such Lands, Tenements and Hereditaments as now are or shall hereafter be in Our Power to dispose of, It is therfore Our Will and Pleasure that all Lands, which now are or hereafter may be subject to Our Disposal, be granted in Fief or Seigneurie, in like manner as was practised antecedent to the Conquest of the said Province, omitting however in any Grant that shall be passed of such Lands the reservation of any judicial Powers or Privileges whatever; And It is Our further Will and Pleasure that all Grants in Fief or Seigneurie, so to be passed by you as aforesaid, be made subject to Our Royal ratification or Disallowance and a due Registry thereof within a limited time, in like manner as was practised in regard to Grants and Concessions held in Fief or Seigneurie under the French Government.

40....Whereas many of Our Loyal Subjects, Inhabitants of the Colonies and Provinces now the United States of America, are desirous of retaining their Allegiance to Us and of living in Our Dominions, and for this purpose are disposed to take up and improve Lands in Our Province of Quebec, And We being desirous to encourage Our said Loyal Subjects in such their Intentions and to testify Our Approbation of their Lovalty to Us and Obedience to Our Government by allotting Lands for them in Our said Province, And Whereas We are also desirous of testifying Our Approbation of the Bravery and Loyalty of our Forces serving in Our said Province, and who may have been reduced there, by allowing a certain Quantity of Land to such of the Non-Commissioned Officers and Private Men of our said Forces who are inclined to become Settlers therein, It is Our Will and Pleasure that immediately after you shall receive these Our Instructions you do direct Our Surveyor General of Lands for Our said Province of Quebec to admeasure and lay out such a Quantity of Land as you, with the Advice of Our Council, shall deem necessary, and convenient for the settlement of Our said Loyal Subjects, and the Non-Commissioned Officers and Private Men of Our Forces which may have been reduced in Our said province, who shall be desirous of becoming Settlers therein; Such Lands to be divided into distinct Seigneuries or Fiefs to