Puslapio vaizdai


their trade and business on the presumption of English
law being in use and maintained. They dread the
revival of the French code. They defend the morality
of introducing and maintaining the English system,
especially in relation to trade, contracts, trial by jury,
habeas corpus. Prosperity has followed the methods
already employed. No objections to French law in
relation to landed property. House of Assembly re-
quested. Complaints made against the erection of a
Legislative Council as outlined in the proposed Quebec •
Act. Sufficient Protestant landholders now in the
Province to form a House of Assembly. Objections
to the admission of Roman Catholics to the Council,
which, if it must be constituted, must be made inde-
pendent of the Governor, its continuance limited to a
certain time, and its numbers fixed. Payment for
Councillors suggested.

XXIII. Lord Mansfield's Judgment in Campbell v. Hall, 1774 79

Discusses inter alia (a) the general position of a con-

quered country in relation to law, (b) the Proclama-

tion of 1763 (No. IV.).

XXIV. Debates in the British Parliament on the Quebec Act,

1774 ..

XXV. The Quebec Act, (14 George III, c. 83.), 1774 ..

XXVI. The Quebec Revenue Act, (14 George III, c. 88), 1774

Provides for the raising of a provincial revenue.

XXVII. Address from the General Congress to the Inhabitants

of Quebec, October 26, 1774


XXXII. Ordinance for Establishing Criminal Courts, March 4,
1777 ..

. 164

XXXV. Treaty of Paris, 1783

XXXVI. Haldimand to Lord North, November 6, 1783

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Hears rumours that the "ancient subjects" intend to
plead the arrival of the Loyalists in the Province as a
strong support to their claim for a House of Assem-
bly. Habeas Corpus to be put on a secure and clear-
cut foundation.

XXXVII. Postmaster-General Finlay to Sir Evan Nepean, October

22, 1784

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Reply to No. XLVII. Statistics of population. The

commercial element is chiefly responsible for the de-

mand for an Assembly. The habitans are incapable

of forming an opinion; clergymen are neutral; the

noblesse are opposed. Taxation is feared above all;

but the dangers of an Assembly among an uneducated

and simple people are not overlooked. Dorchester is

opposed to a division of the Province at present, gives

his reasons; but should Parliament decide on it, he

encloses a description of a proposed boundary line.

XLIX. Finlay to Nepean, February 9, 1789

Discusses further an Assembly. Growing demand for

popular power to tax as a "spur to trade," and as

"England holds her colonies for the sole purpose of

extending her commerce." He believes any form of
government will satisfy the Canadians, provided taxa-
tion and religion are left alone.

L. Grenville to Dorchester, October 20, 1789

A private dispatch supplementing No. LI. Concessions

are proposed. He thinks it wise to give them when

they will be considered favours, rather than to wait

till they may be extorted. Dorchester's opinion is

asked on the entire proposals, especially in connexion

with Crown Reserves.

LI. Grenville to Dorchester, October 20, 1789

Encloses first draft of the Constitutional Act of 1791.

Plan is "to assimilate the constitution to that of Great
Britain," and to divide the Province. Boundaries are
a delicate question. United States must not be irri-
tated. The constitution and composition of the new
Legislative and Executive Councils and House of
Assembly discussed. Hereditary Legislative Council
proposed through a Provincial Baronetage.

LII. Dorchester to Grenville, February 8, 1790

Acknowledges No. LI. Returns draft of Act with his

suggestions inserted. Objects to an hereditary Legis-

lative Council. Discusses, as requested, the structure

of the proposed new constitution. Encloses an im-

portant letter from Chief Justice Smith, together with

the Chief Justice's proposed additions to the new

Bill (Nos. LIII. & LIV.).

LVII. Act Establishing Trial by Jury in Upper Canada, 1792

LVIII. Act for Appointing Town-Officers in Upper Canada,


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Official reply to No. LXX. Reluctantly approves of

Craig's measures; advises moderation in language and


LXXII. Castlereagh to Craig, September 7, 1809

A personal reply to No. LXX. Discusses Craig's

actions in a friendly way and advises more caution

and tact if he is to maintain the dignity of his office.

There is no opposition on the part of the British

Government to a measure excluding the Judges from


LXXIII. Craig to Liverpool, May 1, 1810

A long despatch covering the whole problem of Lower

Canadian conditions as they appeared to the Governor.

The vast majority of the people are French in sym-

pathies; the Catholic Bishop's appointment not in ac-

cordance with law; his patronage completely in his

own hands; the clergy have no direct communication

with the Governor; they are undoubtedly attached to

France on account of Napoleon's Concordat; the

Legislative Council one of the most respectable things

in the Province; outside his duty to question the wis-

dom of a House of Assembly, but within it to criticise;

it is composed of ignorant and illiterate men who are

dominated by a clever faction which permits of no

governmental influences; Napoleon's successes have

turned their heads, and they are avowedly preparing

to bring Lower Canada under his dominion; this idea

is unfortunately becoming popular; the faction in the

House of Assembly hold the ignorant electors in the

hollow of their hand, and the latter now look on “La

Chambre” as the real Government; the newspaper Le

Canadien vilifies the officials; "La Nation Canadienne"

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