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6-7 EDWARD VII., A. 1907

Majesty's Servants, Employed in a Work of so great Importance, tho' of profound Knowledge and Judgment, for Want of having truly represented, to them, Objects at so great a Distance, and in themselves so different from what is to be found in any other of His Dominions, I say, least without a true Representation of Things, the Kings Service should not profit, as much as possible, of the great Abilities of His Servants

I take for granted, that the natural Rights of Men, the British Interests on this Continent, and the securing the Kings Dominions over this Province, must ever be the principal Points in View, in forming it's Civil Constitution, and Body of Laws; And that the last, is the Foundation of all, without which, other schemes can be little better than meer Castles in the Air; it will naturally follow, I should first shew, How far this Foundation is, or is not firmly laid

The Town of Quebec is the only Post, in this Province, that has the least Claim to be called a fortified Place; for the flimsy Wall about Montreal, was it not falling to Ruins, could only turn Musketry; it will be sufficiently accurate for the present Purpose, if this Town be considered as a good Camp for ten or twelve Battalions, whose Front is fortified by a Bastioned Rampart, faced with Masonry; built, for the most Part, upon a Rock; without Ditch or outwork; it's Profile, slight for a Fortress, is substantial for an Encampment, it's Parapet in very bad Order. The Flanks and Rear of this Encampment, in one thousand seven hundred and fifty nine, were closed partly by a thin Wall, the rest by great Stakes, now carried away, or rotten; these ran along the Heights and Precipices at a little Distance from the River St. Lawrence, the Bason, and River St. Charles, so as to leave a Passage between this Line and these Waters. With a Number of Troops sufficient for this Post, those Flanks and Rear might in a little Time be secured, and guarded so, as to reduce an Enemy to form his Attack in Front, but in Proportion as the Numbers fall short, the Danger increases, of being surrounded and Stormed with little ceremony; especially when this Line is open in many Places, as at present.

The King's Forces in this Province, supposing them compleat to the Allowance, and all in perfect Health, Rank and File, would amount to sixteen hundred and twenty seven Men, The King's old subjects in this Province, supposing them all willing, might furnish about five hundred Men, able to carry Arms, exclusive of his Troops; that is supposing all the King's Troops and old Subjects collected in Quebec; with two Months hard Labour, they might put the Works in a tolerable State of Repair, and would amount to about one third of the Forces necessary for it's Defence.

The new Subjects could send into the Field about eighteen thousand Men, well able to carry Arms; of which Number, above one half have already served, with as much Valor, with more Zeal, and more military Knowledge for America, than the regular Troops of France, that were joined with them.

SESSIONAL PAPER No. 18

As the common People are greatly to be influenced by their Seigneurs, I annex a Return of the Noblesse of Canada,' shewing with tolerable Exactness, their Age, Rank, and present Place of Abode, together with such Natives of France, as served in the Colony Troops so early in Life, as to give them a Knowledge of the Country, an Acquaintance and Influence over the People, equal to Natives of the same Rank; from whence it appears, that there are in France, and in the French Service, about one hundred Officers, all ready to be sent back, in Case of a War, to a Country they are intimately acquainted with, and with the Assistance of some Troops, to stir up a People accustomed to pay them implicit Obedience. It further shews, there remain in Canada, not many more than seventy of those, who ever had been in the French Service; not one of them in the King's Service, nor one who, from any Motive whatever, is induced to support His Government and Dominion; Gentlemen, who have lost their Employments, at least, by becoming His Subjects, and as they are not Bound by any Offices of Trust or Profit, we should only deceive ourselves by supposing, they would be active in the Defence of a People, that has deprived them of their Honors, Privileges, Profits and Laws, and in their Stead, have introduced much Expence, Chicannery, and Confusion, with a Deluge of new Laws unknown and unpublished. Therefore all Circumstances considered, while Matters continue in their present State, the most we may Hope for from the Gentlemen, who remain in the Province, is a passive Neutrality on all Occasions, with a respectful Submission to Government, and Deference for the King's Commission in whatever Hand it may be lodged; this they almost to a Man have persevered in, since my Arrival, notwithstanding much Pains have been taken, to engage them in Parties, by a few, whose Duty, and whose Office should have taught them better. This Disposition the French Minister seems to have foreseen, as appears by Orders calculated to draw them from Canada into France, well knowing that such as remained, were bound by Duty and Honor to do nothing against their Allegiance to the King, under whose Government they live, whereas those, who go to France, are to all Intents and Purposes Officers in the French Service, and liable to be sent on any Service.

For these Reasons, I imagine, an Edict was published in 1762. Declaring, that notwithstanding the low State of the King's Finances, the Salary of the Captains of the Colony Troops of Canada should be raised from four hundred and fifty Livres, the Establishment at which their Pay was fixed at first, to six hundred Livres a Year, to be paid quarterly, upon the Footing of Officers in full Pay, by the Treasurer of the Colonies, at the Quarters assigned them by His Majesty in Touraine, and that such of them, as did not repair thither, should be struck off, the King's Intentions being, that the said Officers should remain in that Province, untill further

1 Canadian Archives, Q 5-1, p. 269. This is printed in full in the Report on Canadian Archives for 1888, p. 44.

6-7 EDWARD VII., A. 1907

Orders, and not depart from thence without a written Leave from the Secretary of State for the Marine Department.

A few of these Officers have been sent to the other Colonies, but the greater Part still remain in Touraine and the Arrears due to those, who have remained any Time in this Country, are punctually discharged, upon their Emigration from hence, and Obedience to the abovementioned Injunction.

By the Secretary of State's Letter, a certain Quanty of Wine, Duty free, is admitted to enter the Towns, where these Canadian Officers Quarter, for their use, according to their several Ranks.

Having arrayed the Strength of His Majesty's old and new Subjects, and shewn the great Superiority of the Latter, it may not be amiss to observe, that there is not the least Probability, this present Superiority should ever diminish, on the Contrary 'tis more than probable it will increase and strengthen daily: The Europeans, who migrate never will prefer the long unhospitable Winters of Canada, to the more chearful Climates, and more fruitful Soil of His Majesty's Southern Provinces; The few old Subjects at present in this Province, have been mostly left here by Accident, and are either disbanded Officers, Soldiers, or Followers of the Army, who, not knowing how to dispose of themselves elsewhere, settled where they were left at the Reduction; or else they are Adventurers in Trade, or such as could not remain at Home, who set out to mend their Fortunes, at the opening of this new Channel for Commerce, but Experience has taught almost all of them, that this Trade requires a Strict Frugality, they are Strangers to, or to which they will not submit; so that some, from more advantagious Views elsewhere, others from Necessity, have already left this Province, and I greatly fear many more, for the same Reasons, will follow their Example in a few Years; But while this severe Climate, and the Poverty of the Country discourages all but the Natives, it's Healthfulness is such, that these multiply daily, so that, barring Catastrophe shocking to think of, this Country must, to the end of Time, be peopled by the Canadian Race, who already have taken such firm Root, and got to so great a Height, that any new Stock transplanted will be totally hid, and imperceptible amongst them, except in the Towns of Quebec and Montreal.

'Twas partly from these Considerations, as well as from those mentioned in my Letter of the 15th February1 last to the Commander in Chief, a Copy of which I enclosed to Your Lordship, that I recommended the building of a Citadel within the Town of Quebec, that the Troops might have a Post capable of being defended by their Numbers, till Succour could be sent them from Home, or from the neighbouring Colonies; for should a French War surprise the Province in it's present Situation, the Canadian Officers sent from France with Troops, might assemble such a Body of People,

1 See Carleton to Gage; p. 280.

SESSIONAL PAPER No. 18

As would render the King's Dominion over the Province very precarious, while it depends on a few Troops, in an extensive Post, open in many Places. A proper Citadel once erected, the Situation of Things will be greatly changed, the King's Enemies, who would attempt to disturb this Province, must hazard a larger Stake, and the Chances against them will be very considerably augmented; Greater Preparations must be made, which must give an Alarm at Home, a greater Number of Troops must be sent, with a Train of Artillery for a Siege, and a large Quantity of Ammunition, and Provisions, with a Fleet of Transports, and Ships of War to protect and assist in the different Operations, whose Success may be uncertain, but which, at all Events, must give Time for a Superior Squadron to follow, and catch them in the River, as well as to the Troops and Militia from the neighbouring Provinces to pour into this; a Work of this Nature is not only necessary as Matters now stand, but supposing the Canadians could be interested to take a Part in the Defence of the King's Government, a Change not impossible to bring about, yet Time must bring forth Events that will render it essentially necessary for the British Interests on this Continent, to secure this Port of Communication with the Mother Country; as might easily be proved, were they not too remote for the present Purpose. Inclosed is the Plan for such a Citadel, as I think, would answer all the present and future Purposes of Great Britain, tho', if I am not mistaken, Captain Gordon the Engineer has already transmitted Home one more detailed, with a Calculation of the Expence necessary for its Construction.

I am with much Respect and Esteem

The Earl of Shelburne One of

Your Lordship's

Most Obedient Humble Servant
GUY CARLETON

His Majesty's principal Secretaries

RESOLUTION OF PRIVY COUNCIL AS TO INFORMATION REQUIRED CONCERNING THE PROVINCE OF QUEBEC.1

AT THE COURT OF ST. JAMES'S

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Whereas there was this day read at the Board a Report from the Rt. Honble, the Lords of the committee of Council for Plantation Affairs dated this day in the words following vizt:

'Canadian Archives, Q 4, p. 327.

6-7 EDWARD VII., A. 1907

"The Lords of the Committee having this day taken into their consideration a Draught of Instructions prepared by the Board of Trade for establishing courts of Judicature in the Province of Quebec and transmitted to this Committee on the 24th June 1766.1 Their Lordships upon full consideration of the sd Draught of Instructions, are of Opinion that the same is so general, and so unsupported by any specific or particular proof of any Grievances in Judicature, to which any particular and effectual Reform or Remedy can be applied (except what has already been given) and especially as since the return of Genl. Murray, no Gov' or locum tenens, or any of your Maty's law officers, have represented in their correspondence Gravamens arising to the subjects in the Province from any defects in the state of Judicature as it at present exists (which had any material ones existed it was their Duty to do, and they certainly would have done) except a Paragraph in a Letter from Col. Irving, dated 20th Augt. 1766. Vizt, "all that to me seems wanting at present is a permanency to the inferior Courts and a more ample authority for the Judges of it to adhere to the Coutumes de Pais a defect if it subsists, so concisely & unexplicitly stated is not to be understood so as to found a Judgement of the Remedy to be applied, that the Lords of the committee cannot without further Information, advise your Majesty to approve thereof, and order the same to be carried into execution.-But as their Lordships are truly sensible of your Majesty's Royal constitutional and paternal Regard for all and every part of Your Majestys Dominions and Your Subjects inhabiting therein, the Committee do after the most serious & mature deliberation on the subject referred by your Majesty to them for their advice thereupon, submit as their humble advice to your Maty. That in order to amend any defects in the present State of Judicature in the Province of Quebec (if any such subsists) it is proper and absolutely necessary after a competent experience now had of the State of the Province so particularly composed of English and Canadian Subjects, and of the Judicature and administration of Justice now subsisting, to obtain from Your Majesty's Servants there, on whose information alone your Majesty's Servants (there, on whose information alone your Majesty's Servants*) in this Kingdom can rely with any reasonable degree of confidence, precise, solemn & authentic Information of the Defects if any that are now existing, together with the Remedies, Reforms, Additions, or Alterations which they would propose for your Majesty's Royal consideration, that so your Majesty's Servants here may be enabled to advise your Majesty on the best Light that can be obtained, it being, as the Lords of the Committee conceive, unwise

1 The letter from the Board of Trade transmitting this draught is given in Can. Archives. Q 3, p. 171, but the instructions do not accompany it. According to the letter the instructions require the Governor to establish courts of justice "conformable to the Plan proposed by us in our Report to your Lordships of the 2nd September 1765, with such Variations as are suggested in the Report of the Attorney and Solicitor General, annexed to your Lordships Order of the 13th of last month." For the Report of Sept. 2nd see p. 237. For the Report of the Attorney and Solicitor General, see p. 251.

2 See p. 269.

*The words in parenthesis seem to be a repetition.

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