6-7 EDWARD VII., A. 1907 stitutional Questions, by the opinions of the ablest Lawyers in this Kingdom, and concurred in, not only by those, whose Offices and Residence in the Colony have afforded them the means of being fully acquainted with it's true Interest and condition, but as also of such respectable Persons both in the Church and in the Revenue Department in this Kingdom, who are by their Offices Members of this Board, and who have assisted us with their advice on this occasion. At the same Time that we state this to your Lordships, in order to shew that no information necessary in this important consideration is wanting; and that the subject matter has undergone the most mature examination, it is our Duty to lay before your Lordships a Letter to the Secretary of State from His Majesty's Governor of Quebec,1 received pending the consideration of this Business. From the Copy of this Letter hereunto annexed your Lordships will observe, that the Governor States, that some Progress has been made towards a Report upon the Laws, and Administration of Justice, pursuant to His Majesty's Order in Council of the 28th of August 1767; That he considers this as the ground work of every other Regulation, and therefore waves giving his Ideas upon the Subject of Religion, and other matters, until that is entirely settled, which he says will be soon, and desires His Majesty's permission to return to England, as well upon his private Affairs, as in order to explain many points relative to that Colony; and represents, that by being upon the spot he should be able to clear up many things, and remove many difficulties, which at that distance can neither be so thoroughly discussed, or perfectly understood, as is necessary for the King's Service. What influence this Letter is to have in your Lordships determination with regard to what is submitted to you in this Report must depend upon your Lordships wisdom weighing all circumstances; but in the light in which we view the state of this Colony, exposed, as we conceive, to great danger, and suffering many Inconveniencies for want of some more perfect Settlement, we cannot but be of opinion, that however satisfactory it might be to receive Governor Carleton's Sentiments upon many points, relative to the propositions in question; yet the danger and disadvantage of any further delay is too obvious to allow us to consider his Letter, as a justifica 1 See appendix No. 18. This letter is dated March 15th, 1769, and is given in Canadian Archives, Q 6, p. 34. The portion referred to is as follows:-"There would be much to say in Regard to the Affairs of Religion in this Province, but that being a delicate and tender Point. I do not design troubling Your Lordship with my Ideas thereupon until that of the Laws and Administrations of Justice, which I consider as the Ground work of the whole, is entirely settled. in which we have made some Progress in Obedience to His Majesty's Order in Council of the 28th August 1767; I hope 'eer long our Report thereon will be finished, when the same shall be transmitted to Your Lordship without Loss of Time. "For the clearer Explanation of these, and many other Points, relative to this Province, as well as to settle some private Affairs, I wish to go Home for a few Months, "By being upon the Spot with the King's Servants, I might clear up to them many Points. and remove many Difficulties, which, at this Distance, can neither be so thoroughly discussed, or perfectly understood, as is necessary for the King's Service, whose Interests, in Regard to the Province, I really believe, I could more effectually promote and advance by a Residence of a few Months in London, than of so many years in this Country, Q 6, pp. 37-38. SESSIONAL PAPER No. 18 tion for our not recommending to your Lordship's to take some immediate Steps towards that reform which the state of the Colony requires; and therefore we humbly offer it as our opinion, that your Lordships, if you approve of the propositions we have suggested, should advise His Majesty to give the necessary Instructions for carrying them into execution; but we would recommend, that a discretionary power should be given to the Governor to defer any part of them, the execution of which he and the rest of His Majesty's Servants there shall think ought to be deferred, for such further examination, as may be necesssary upon any Representation they may have to make; and we beg leave further to observe, that it is with a view to the exercise of this discretionary Power, and upon a Consideration of the Governor's Letter, that we have stated our propositions more at large, than we should otherwise have done, and have avoided any detail, that might have embarrassed the execution, in cases where he might wish to be left to the Guidance of his own Judgement. No 1. Extract of a Letter from Guy Carleton Esquire, Lieut. Govt. of Quebec to the Earl of Shelburne, one of His Majesty's principal Secretaries of State, dated November 25th 1767.1 1 See Carleton to Shelburne, p. 281. 6-7 EDWARD VII., 1907 N° 2. General State of the Canadian Noblesse actually resident in the Province of Quebec or in the French Service, and where resident in November 1767.1 No 3. Copy of a Letter from Guy Carleton Esquire, Lieutenant Governor of Quebec, to the Earl of Shelburne, one of His Majesty's principal Secretaries of State, dated December 24th 1767.2 No 4. Plan of An Ordinance for continuing and confirming the Laws and Customs, that prevailed in this Province in the Time of the French Government concerning the Tenure, Inheritance and Alienation of Lands.' No 5. Extract of a Letter from Guy Carleton Esquire, Lieutenant Governor of Quebec, to the Earl of Shelburne, one of His Majesty's principal Secretaries of State, dated January 20th 1768.4 No 6. Copy of a Report of the Lords of Trade to the Lords of the Committee of Council for Plantation Affairs, dated May 30th 1765, inclosing. Heads of a Plan for the establishment of Ecclesiastical Affairs in the Province of Quebec.5 N° 7. Extract of a Report of the Lords of Trade to the Lords of the Committee of Council for Plantation Affairs, dated September 2a 1765. N° 8. Copy of a Report of His Majesty's Attorney and Solicitor General to the Lords of the Committee of Council for Plantation Affairs, dated April 14th 1766.7 N° 9. Copy of a Report of the Lords of Trade to the Lords of the Committee of Council for Plantation Affairs, dated June 24th 1766, inclosing, Draught of Additional Instructions to the Governor of Quebec, relative to the establishment of Courts of Judicature in that Province. No 10. Copy of a Report of His Majesty's Advocate, Attorney and Solicitor General, to the Lords of the Committee of Council for Plantation Affairs, dated January 18th 1768.9 No 11. Copy of a Letter from Guy Carleton Esquire Lieutenant Governor of Quebec, to the Earl of Shelburne, one of His Majesty's principal Secretaries of State, dated December 10th, 1767.10 1 Canadian Archives, Q 5-1, p. 269. This is printed in full in Report on Canadian Archives for 1888, p. 44. 2 See Carleton to Shelburne, p. 288. See Draught of Ordinance re French Land Tenures, p. 292. 4 See Carleton to Shelburne, p. 294. Canadian Archives, Q 18 A, p. 88. Canadian Archives, Q 18 A, p. 131. 7 See Report of Yorke and de Grey, p. 251. No immediate action was taken or this Report on the Instructions accompanying it, for reasons given in the Resolution of Privy Council of Aug. 28th 1767. See p. 286. • This document has not as yet been discovered. 10 This and the following documents, except the last, are connected with questions of revenue, and relate to that portion of the Report which is omitted. This particular letter will be found in Canadian Archives, Q 5-1, p. 299. SESSIONAL PAPER No. 18 N° 12. Copy of a Letter from Lieutenant Governor Carleton to Grey Cooper Esquire, Secretary to the Lords Commissioners of His Majesty's Treasury, dated December 10th, 1767.1 N° 13. Officers proposed for the collection of the Provincial Duties at Quebec, and Salaries.2 N° 14. Provincial Duties for the Province of Quebec on Imports.3 No 15. Copy of an Account of the Civil Establishment of the Province of Quebec for one Year.1 N° 16. Copy of an Estimate of the contingent and incidental charges of the Civil Establishment for the Province of Quebec for one Year.5 No 17. Copy of an Abstract of the Imports at the Port of Quebec of certain Articles, on which Duties are proposed to be raised, for the years 1765, 1766 and 1767-And Estimate of the annual Revenue calculated from the said Importation. 1 N° 18. Copy of a Letter from Guy Carleton Esquire Governor of the Province of Quebec, to the Earl of Hillsborough, one of His Majesty's principal Secretaries of State, dated March 15th 1769.7 Exd. REPORT OF COMMITTEE OF COUNCIL ON ADMINIS- At the Council Chamber in the Castle of Saint Louis in the City of Quebec on Thursday the fourteenth day of September 1769. PRESENT. The Report of the on the Ad Read the Report of the Committee dated the 29th August and 11th instant, Appointed the 18th of August last to take into ministration Consideration the present State of the Administration of Justice of Justice by by the Justices of the Peace within this Province of Peace; 1 Canadian Archives, Q 5-1, p. 300. 2 Canadian Archives, Q 5-1, p. 310. Canadian Archives, Q 5-1, p. 306. Canadian Archives, Q 5-1, p. 308. Canadian Archives, Q 5-1, p. 311. Canadian Archives, Q 5-1, p. 312. 7 Canadian Archives, Q 6, p. 34. Canadian Archives. Q 6, p. 146. Owing to complaints which had reached the Council as to the practices of some of the Magistrates of the District of Montreal, the Council took up the matter and addressed to all the Magistrates of that District a letter of remonstrance and advice. This was dated July 10th 1769, and is given in Q 6, p. 134. The present report covers the same ground and upon it was based the Ordinance of February 1st, 1770, which follows this report. The parts referred to in the Report are given in note p. 392. Read at the Board. Ap 6-7 EDWARD VII., A. 1907 Approved and Ordered to be Entered in this Book, and that proved and the Attorney General1 be directed to prepare an Ordinance in the Attorney General directed to consequence of the New Regulations proposed to be made by the said Report. prepare an Ordinance in Consequence thereof: The Report Vizt "QUEBEC, 29th August & "11th September 1769. "At a Committee Appointed to take into Consideration the "State of the Administration of Justice under the Justices of "Peace in this Province. "In obedience to an order of Council bearing date the 18th day of August last. We have taken into our consideration the several Matters therein referred, in consequence of which we beg leave to represent to Your Excellency and the Council, that the several Authorities & powers of the Justices of Peace in Matters of property as contained in the Ordinance of September 1764.2 Appear to us to have been very injudicious in their Original Institution, and in the exercise of them, more particularly within the District of Montreal exceedingly grievous and oppressive to the Subject. It is well known that in England, where the Justices of Peace are for the most part Men of large Fortunes, who have a Considerable interest in Common with the people over whom their Authority is exercised, no such power is entrusted to them either by the Commission itself, or any of the Various Acts of Parliament which relate to their Office: And tho the ill Advised construction of the great Courts established here 1 At this time Francis Maseres, being desirous of returning to Britain, was granted, by Governor Carleton, a year's leave of absence. The Governor explained the circumstances in a letter to Hillsborough, of Oct. 3rd, 1769, and in which the lack of harmony between Carleton and Maseres is fully evidenced. At the close of the letter Carleton states that Henry Kneller had been appointed to act as Attorney General in the interim; hence upon Kneller fell the duty of draughting the new ordinance. The Ordinance of September 17th, 1764. See p. 205. |