treaty of peace.

The next public inftrument relating to the condition of this The definitive province is the definitive treaty of peace concluded at Paris on the 10th day of February 1763. In the fourth article of this treaty it is declared, that your Majefty will give the most effectual orders that your new Roman Catholic fubjects may profess the worship of their religion according to the rites of the Romish church, as far as the laws of Great Britain permit. By this reference to the laws of Great Britain it fhould feem to have been your Majefty's intention that those laws fhould be the fundamental rule of government. in this province.

clamation in

The next public inftrument relating to this fubject, and upon The King's pro which great stress has been laid by all your Majefty's British subjects October 1763. that have reforted to this province, is your Majefty's royal proclamation of the 7th of October 1763, which feems to have had principally in view the profit and advantages that might accrue to your Majesty's British fubjects by reforting to, or fettling in, the countries that had lately been ceded to your Majefty by the definitive treaty of peace. By this very folemn and important inftrument, paffed under your Majefty's great feal of Great Britain, it is declared, that your Majefty, being defirous that all your Majesty's loving fubjects, as well of your kingdoms as your colonies in America, may avail themfelves, with all convenient fpeed, of the great "benefits and advantages that muft accrue from the great and "valuable acquifitions lately ceded to your Majefty in America, to

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their commerce, manufactures, and navigation, has thought fit, "with the advice of your privy council, to erect four new govern"ments to be ftiled and called by the names of Quebec, East "Florida, Weft Florida, and Grenada; and that, as it will greatly "contribute to the fpeedy fettling the faid new governments that your Majesty's loving fubjects fhould be informed of your Majesty's paternal care for the fecurity of the liberty and properties of those who are or fhall become inhabitants thereof, your Majesty "hath thought fit to publish and declare, by that your Majefty's proclamation, that your Majefty has, in the letters patent under the great feal of Great Britain by which the faid governments are conftituted, given exprefs power and directions to your "governours in the faid new colonies, that, fo foon as the state "and circumftances of the faid colonies will admit thereof, they "fhall, with the advice and confent of the members of your Majefty's

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Majefty's councils, fummon and call general affemblies within "the faid governments, in fuch manner and form as is used and "directed in those colonies and provinces in America which are "under your Majesty's immediate government; and that your Majefty has alfo given powers to the faid governours, with the "confent of your Majefty's faid councils, and the reprefentatives "fo to be fummoned as aforefaid, to make, conftitute, and ordain "laws, ftatutes, and ordinances for the public peace, welfare, and "good government of your Majefty's faid colonies and of the people "and inhabitants thereof, as near as may be to the laws of England, "and under fuch regulations and restrictions as are used in other "colonies." And then it is further declared in your Majefty's faid proclamation, "that in the mean time, and until fuch affemblies can be called as aforefaid, all perfons inhabiting in or reforting to your Majefty's faid colonies may confide in your Majesty's royal protection for the enjoyment of the benefit of the laws of your realm of England; and that for that purpose your Majefty had given power under the great feal to the governours of your Majesty's "faid new colonies to erect and conftitute, with the advice of your Majefty's faid councils refpectively, courts of judicature and public juftice within the faid colonies for the hearing and determining all causes, as well criminal as civil, according to law and “equity, and, as near as may be, agreeably to the laws of England, "with liberty to all perfons who may think themfelves aggrieved "by the sentence of fuch courts, in all civil cafes, to appeal, under "the ufual limitations and reftrictions, to your Majefty in your privy council."

The fenfe in which this pro

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These are the words of your Majesty's faid proclamation, and by clamation has them your Majesty's British subjects in this province declare that been underfood they have always understood that the laws of England have been inhabitants of introduced into this province, and that it was your Majesty's intenthis province; tion to affimilate the laws and civil government of it to thofe of the

other American colonies and provinces which are under your Majesty's immediate government, and not to continue the municipal laws and customs by which the conquered people had heretofore been governed. And through a confidence in this proclamation, understood in this fenfe, they say they have quitted their native country to come and fettle in this province, expecting to change only their climate by fuch a removal in purfuit of commercial advantages,

advantages, and not to become fubject to the laws of the conquered people, with which they are wholly unacquainted, and against which (though perhaps without reafon) they entertain ftrong prejudices.

jesty's late go

vernour and

council;

commiffioners

September,

And in this fenfe was this proclamation understood alfo by your and by his MaMajesty's late governour of this province and his council, who did not, in making the important ordinance above mentioned, of the the 17th of September 1764, conceive themselves to be overturning all the ancient laws and cuftoms of this country, and introducing the laws of England in their stead, but meant only to erect and conftitute courts of judicature to administer a fyftem of laws already in being, to wit, the laws of England, which they conceived to have been already introduced there by the words of your Majefty's proclamation. And in this fenfe likewife your Majefty's lords com- and the lords miffioners for trade and plantations, in the month of September 1765, understood these words in your Majefty's proclamation: for in the plantations in 7th and last article of a report made by the faid lords commiffioners, 1765upon certain memorials and petitions from your Majesty's fubjects in this province, complaining of the ordinances and proceedings of the governour and council of this province, and of the then prefent establishment of courts of judicature and other civil conftitutions, to the lords of the committee of your Majefty's privy council for plantation affairs, dated on the 2d day of September in the faid year, the faid lords commiflioners of trade propofe, that in all cafes where rights or claims are founded on events prior to the conquest of Canada, the feveral courts fhall be governed in their proceedings by the French ufages and customs which have heretofore prevailed in refpect to fuch property; from which words it appears plainly that their lordships understood that in all cafes, where rights and claims are founded on events pofterior to the faid conqueft, the feveral courts of juftice were to be governed by the English laws, and that their lordships were follicitous to make an exprefs provifion, that this general rule of deciding cafes according to the English laws should not be applied to fuch caufes as were founded on events that were prior to the faid conqueft, in which cafes it would be manifeftly unjuft.

We know at the fame time that your Majefty's attorney and Th follicitor general, in the following month of April 1766, under- which

C

fined fe

ftood under

his A

licitor general,

attorney and fol- ftood the words of your Majefty's royal proclamation in a more in April 1766. confined fenfe, as being introductive of only fome felect parts of the laws of England that were more particularly beneficial to your Majefty's English fubjects, and not of the whole body of thofe laws. This they took to be the true import of thefe words in your Majefty's proclamation above-mentioned, the enjoyment of the benefit of the laws of England; and they were of opinion that the criminal laws of England were almoft the only laws that came under that defcription; and that the laws of England relating to the defcent, alienation, fettlements, and incumbrances of real eftates, and to the diftribution of perfonal property in cafe of inteftacy, were certainly not comprehended under it. Whether this or the former way of interpreting this part of your Majefty's 'proclamation is the the true one, belongs only to your Majefty to determine, according to the ancient rule of law laid down by the celebrated lawyer Bracton, that " cujus eft condere, ejus eft interpretari." All that we prefume to do on this occafion is to lay before your Majesty a full and plain historical account of the feveral public inftruments and acts of government by which the laws of England have either been introduced, or imagined to be introduced, into this province in lieu of thofe laws and cuftoms which were observed in it heretofore.

The commiffion

given to Gen.

Murray in 1764

to be vice ad

miral of the province of Quebec.

The next public inftrument of this kind is your Majesty's commiffion to General Murray in the year 1764, to be vice-admiral, commiffary, and deputy in the office of vice-admiralty in the province of Quebec. This is a judicial commiffion, by which the faid General was impowered to enquire, by the oaths of honest and lawful men of the faid province, of all and fingular matters and things which of right, and by the ftatutes, laws, ordinances, and customs, anciently obferved, were wont and ought to be enquired after; and of wreck of the fea; and of goods of felons of themfelves; and likewife of goods waived, flotfon, jetfon, ligan, deodands, derelicts, and other cafualties upon the fea, or fea coaft, or fresh-water rivers, as far as the tide flows; and alfo of anchorage, laftage, ballaft, and fish royal anciently by right or custom belonging to your Majefty; and to arreft or caufe to be arrested, according to the civil and maritime laws and ancient cuftoms of your Majefty's court of admiralty, all fhips, perfons, and merchandizes for caufes arifing within the maritime jurifdiction, and to hear and

determine

determine the faid caufes, with all the matters incident thereunto, according to the laws and cuftoms aforefaid; and to fine, chaftife, and imprison within any of the gaols of the province the parties that shall be found guilty, according to the rights, ftatutes, laws, ordinances, and cuftoms anciently obferved.

By this commiffion, it is evident your Majefty has introduced into this province all the laws of your Majefty's English court of admiralty, in lieu of the French laws and cuftoms by which maritime caufes were decided in the time of the French govern

ment.

of

to Gen. Murray

inftructions that

The next public inftrument relating to this fubject is your The commiffion Majesty's commiflion to General Murray in the year 1764 to be chief of this captain general and governour in chief in and over this your province given Majefty's province of Quebec. This commiffion, and the in- in 1764, and the ftructions that accompanied it, feem every where to pre-fuppofe accompanied it. that the laws of England were in force in this province, being full of allufions and references to thofe laws on a variety of differentfubjects, and do not contain the least intimation of a faving of any part of the laws and cuftoms that prevailed here in the time of the French government.

ference from the

miffion and in

It seems as if your Majefty had been of opinion, that by the A probable inrefufal of General Amherst to grant to the Canadians the continuance ile and purport of their ancient laws and ufages, and by the reference made in the of the faid comfourth article of the definitive treaty of peace to the laws of Great fructions. Britain, as the measure of the indulgence intended to be shewn them with respect to the exercise of their religion, fufficient notice had been given to the conquered inhabitants of this province, that it was your Majefty's pleasure that they should be governed for the future according to the laws of England, and that they, after being thus apprifed of your Majefty's intention, had confented to be fo governed, and had teftified their faid confent by continuing to refide in the country and taking the oath of allegiance to your Majefty, when they might have withdrawn themselves from the province, with all their effects and the produce of the fale of their eftates, within the eighteen months allowed by your Majefty for that purpose.