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North American. (Swanton, Vt.) 1839-1841, July 17, 1839, Image 1

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VOL. 1.
Cniinilinn Iiili( nini C'aii.-itlinii Iiiiicpciuleiicc.
NO. 15
l'i ice si 'A)r (in. in adntncc,
or sj (K) ut the end of the year,
and in IH: e proportion furfur
fJicr ddinj paymcnt.
The IT moralile Paniti Emilius Irving
one f U.c Lci-'ative C'onncihrs was na-,..,-.)
r.nimrmt'r in Chief of the Province
in j 'ore (ieri. Murray who had heen re
nile.!; as h on as he h a I taken ihe reins
of il. e A Iministralion, he issued a Proda
mntion lo continue in ollìce the diflerent
public lui, ninnarle.
The politicai licriznn of the English
colonie lookeil at that period rather dark;
it a a- eviilent that Croni the haughty arni
vinj'jstifiabìe conduci of the metropolita!)
authorities together with the just and
iiianly remonstrances of tlie coloni!, there
would very soon ari.se great dilliculties
if one or the other did noi give way. This
contesi between the mother country and
its English colonies was a mailer of in
ilillerence with the Canadians who knew
imi yet the adi ar.lages of a constitutional
government. It is not then very stranie
l!,..! a people accustomed tomilitary ru!e&
deijiotism ivuiM not appreciate the blessings
of a rrpresentaiive governmenl, more par
ticulnrly when that people had heen kept
in total ignorance by the French govern
The English colonica nn their pan no
b)y fontesled the right of Great Uriiain Io
ix them witlmtit iheir consent, and began
thrit hotiorahle discussion of freemen's
rights which hrought lliem lo Iheir glori
on revolution. The English government
nlanm-d at i he discussion of sudi principles,
n:tl f.ireseeing thatbefore Ini; 5 theyshotild
need the assist ance of ali their friends in
America lo crush the growing Uepublican
spirit, began lo relax the chains wild
which they had t ! i then loaded their new
n-hji-cts, the Canadians. In virine o in
Mrurtiona received from the Home Gov
ernment, Mr. Irving caused bis council to
pass, on the first day of July, 1766, nn
ordinance which declared that " ali His
Mdjesty's subjecls in the Province of Que
bec wilhnut any disiinciion, had a right to
be chosen as jurors, to sit and act as jurors,
in ali the civil and criminal casca within
the jurisdiction of ali the Courts ofjustice
in the salti Province."
And for the more equal and impaniai
distribntion of juslice, it was declared and
ordaìned that "inali causes or suils be
tween English born suhjects, the jurors
sha!l be exeltisively Englishmen; and Ihat
in the cases or uiisi hetween French Can
a iian, the juries shaìl be exclusively Can
a.lians, and that in the cases or suits he
tween F.nglish born subjecls and French
Canadians, tlie juries bfiall he composed of
an equal number of e adi nation; if one of
the parties wishes it."
Il was nUo declared " that the Cana
adians c.ould practice in the Courts as law
yers and Atlorniesby conforming them
selves t the rules which the said Courts
may prescribeon thal subject."
S tve see Ihat it was not tilt 6year3 af
ter the Knglish had taken possession of
Canada that the Canadians were allowed
t acl as jurors, and iijton what laws were
they called to give their opinion? On
laws entirdy unknown to them and in
many parts (the civil law) inferior to lhoSe
iaws which haj heen laken away from
them in ti arbitrary a manner. The Can
a iians a!so by this ordinance bad a right
t practice as
.awvers n.1 A ttonoVa I
..ai inni uruifu io uiein sirice
the conquest
The nhject of the English j te lhf mal ter in jÌ6jlute helueJn the Im
inot a.w.ng the French Kria pariiam(nl anj ie American colo-
covernment in
lawyers to practice in Canada, was io f Tre
tliemeven l i leave the country and t i fin
igrate ti France. The policy ofthe gov-
ri.inier.i was to get n.l o! t!:e e.!u-ate I
li ii iirimur i!riTfniv.
cena,,, hai i, could rde ,!,e e p'e Govern.,r Carleton went o England and
S'eat deal ea,ier if the edurated leaJers was ht.ard at the bar ofthe Honsof Com
ere absent from the country. Haj not mon8j and from bis suggestiona the British
aeEngash government foreste a the dif-1 Parliament vii induced to make partial
! fleuhifj w hich it was min lo meet with its
American Colonie, the Canadians would
bave In-en kept ir. the slavih b ondage to
ubidì the K.nglish Govenirnent had re
iluced them sirice they had taken posses
si' n ! this rolony.
Whilst the Doble freemen nf the thirleen
colonie wereboldly discusing those rights
which so justly bdongrd to ibern, the poor
un-ducaled a riti oppressed people of Cana
da were quielìy suhmilting to those uets
whidi Iheir neigbbqrs regarded us uncon
htit'jt'tMial and oppressive. On the 5th of
Ju'y, I7(l(, a Proclamation was issued in
l'ie Quebec Gaelie imposing laxes on
VÌne, brandy, rum as also on exported and
inporled dry goods. Sudi a Proclamation
ii the otlier colonies would bave excited a
treat deal of uneasiness, and would bave
keen remonstraled againsl; bui the Cnna
jians yet untaught in the science id'con
ititutional government suhmitted quietly
o ibis rovai order.
In the tnonth of Soptember ofthisyear,
Mr. Paulus F.milius Irving was relieved of
iis admiiiistraiion by the arrivai of Sir G.
Carleton; who was nppoinled hieutenant
(iovernor ami C'ommander in Chief in the
Province. When the new Goveruor arriv
ed in Canada he found the country in the
greatest possible commotion. 1 he Lng-
ish population denied to the Canadians
the right of being jurors as àlso of being
l'ialified lo act as members of the Legisla
tive Cour.cil, whilst the Canadians thought
themselves qualified to act in those capaci-
nes. J lie iiiilisn wanted to treat tneir
new tìiilijccfs as a conrjuered people, whilst
tiese latler contended that they otight to
eijoy nll the jirivilegcs of Uritish fiubjecls.
Sicb was the state nf things when Gov
eruor Caileton look the reins of the gov
errrnent in Canaila.
'I he English government infiirmed of
thoa causes of dissension and misnnder
standing and fearing that the Canadians
wouM join the Americang in their schemes
of rfsiblance to the arbitrary project sol'
the mother conni ry, ordered the new Gov
ecnnr to make an enqniry into the coiti-
pìaintsofthe Canadians. The Governor
charged the Legislative Conncil to join
their eflorls to bis, in findinjr the true
causes of the grievances of which the
Canadians were complaining as also tlie
reniedy they migli t think proper lo apply.
The Legislative Conncil made a report
on the 2Stb Augusf, 17C7, by which it
was recommended to continue the Eng-
lih laws in the rolony, and that in con-
sequence (bey had ordered that Courts of
justice shoulil be estahlishcd in the Pro
vince, and also that they bad given orders
lo the dilTerent judges of the Province to
fo'low those laws in ali iheir decisions.
They further reported that the introduc
tiiTi of the English laws into the colonv
was the principal cause of the disaflection
of the Canadians Io which might he added
their systematical exclusion from ali jdaces
of honor or profit at the disposai ofthe
govprnment on account of their profession
of the Calholic faiih, in accordance with
(he Ftatutes of Queen Elizabeth, King
Cha-les the 2nd, and William the con
(juenr. In 1770 and 1773, petition3 were a'so
seni from the Canadians to the throne and
Imperiai Parliament, renewing the sanie
deminc's they had made in 1763; but these
pelitions met the game fate asthe first one'.
The crisis was fast approac.hing in the
American colonies. The Boston tea affair
had exasperated the British Government,
which baving no cor.fidence in its present
slrf ngtb.did not try to ilnd oul the authors
although ihev regarded it as an outrae.
"'v-w,, ut ii nati uiiu uas.t li, auu
. .- .......
' , il was easv io lorsee mal neiore long r-hv-
jRai lune wiiiiiu ue ine oniv ìu.ige io set
.,:i r n l. .i . ... i - i .
nies. It was then necessary to make some
c incessions to theCanadians s i as toensure
their o-"perati".n aga!nt the Americat
. i.
' conressions, ti the Canadians in passine
j the act rommonly known as the " Quebec
Bill, 14th, George 3. chat). 83. As il was
known in Cana.ia that the English Parlia
ment was nbout to adopl some plans Cor
the goverruneiil of tlie Province, the lìrit
ÌmIi settlers tna.le a petition in which they
a.sked lliat a rejresentlive forni of govern
ment -hould he granted tu them, but with
the condiiion that ti. e Cana lians who were
lloman Catholirs should not be allowed to
he decled to the Il'U'.se f)f Assemhly or be
named ns members of the Legislative or
Executive Council. The Canadians on
iheir part prayed only for a Legislative
Council lo which they might be admitfed.
Sudi was the nature of the demunds of
both parties. The Canadian nobility as
also the Catholic Clergy were very mucl
opposed lo any foni) of constitutional gov
ernment, and supjxirted the ohi order of
things. Although llie priile of the Cana
dian noblemen was hurt vhen the English
were asking that they (the Canadians)
should not be digitile to places of profit or
honor on account of their religion,and al
though the Catholic Clergy were mudi
displeased about the exclusion of their fol
lowers on account of their religious creed,
yet their thist for dominution and for su
preme and absolute command, made them
oppose ali kind of Legislatori except in the
style of the old feudal system of the two
wnys according to their inclination they
preferred a Legislative Council to a rejire
sentative House of Assembly as being
more aristocratic and more in accordance
with their views. The brave and eloquent
Burke who was the boldesl champion of
rolonial liberty, when the bill of Quebec
was under discussion in the House of
Commons, in reply lo a memher who was
saying that the Canadian nobility was
opposed to any change in the present gov
ernment, said : " I would willingly sacri
fice ali the Koblesse not merely of Canada
butof England and ofall other counlries,
to make the majority of the people happy."
In the criticai state of things when
the thirteenEnglishCoIonies were threaten
ing io rebel, the Imperiai Parliament
thought proper to pass the act of which we
give a copy to onr readers to show how
British policy wil! shif't from one act to
another entirely & diamatricaily opposed.
14 h, George III, Chapler 83.
Whereas, His Majesty has thought
iroper by his rovai Proclamation ol the
7th day of October, in the third yearof his
reign, to declare the regulation' made for
cerlain counties, territories and Islands in
America which were ceded to hirn by the
final treaty made at Paris the lOth day of
Fehruary, 1763, and whereas by the ar
rangements made by the said rovai Procla
mation, our very great extent of counlries,
in which were then several colonies and
settlements ol sumeets ol the crown of
France who are represented to bave re- !
. i : :i i .1 .... .t
maineu in sani colonies on the fanti o
said treaty, bave been lei: wlthout
regulation for the administration of
civil government, and that in certain part8
of the territory of Canada sedentary figlie,
ries which bave heen established and set
tled by the subjects of France inhabiting
the ai! province of Canada, on donations
bave been adjoined to the government of
& concessione ofsaid government nf France
Newfoundland, and that in coriseouence
they bave therefore submiited to regula
tions ineompaiihle with the nature of 8ai I
fìsheries ; therefore vour Most Excellent
Maje;ty will allow hai it mav he
tablisbed bv ihe King's Most Excellent !
Majesty with the advice and consent of the j
spiritual and tempora! Lord.s and of the .
. . . i . i . i . .
iiim'uis asserii meo m inis preseni larli-
ameni and by the authoriiv of said Parlia
ment, that ali the territories.Islands, coun
lries in N'orth America, belonging io the
crown of" Great Britain, bouuded on the
south by a line starimg at Baie de Cha-
leurs, and running a.orvi the mountains ;
whieh .livide Ihe rivers falling into the St. ' to take the oaih presrrihed bv the haid
Lawrence from ihose dicharging imo the, acl pas.sed in the firai vear of ihe reign ol
Atlantic, to a point under the 45 - degn e ' Quieti Elizabeth or aiiv othe' natii "sub.
ol latini le N-irih, on the Eastern brancb- ! stituted in Ms lieu and place hv any oih.-r
es of Connecticut river, kt-epirr i. sa.e : afU n,,f iilHl n: Si,di pern.iis ubo le,
latnude dirertly t the er Si.Lawrerce; the said laluie it is ordered hhs.ll take the
from thence in f"i:--wir? the Ea-tem 'oatb therein contained, chall be oblile,!
sl.-iresoi sai! river Ss. Lawrence to hk" ani it Uordained to them !. take an.it..
O'iiario,from thence id nsr the middle o: said Mili-cnhe tu the f'oil nvicg .a(h belare the
iake O.itarioan.I iheriver comiiiuiily ralied . Goeinor or sudi other i-eon in sudi
Niagara; and Irom thence along the East- j record office as it mav please His Majesty
ern and South-Eastern shores of Lake j to estBblish, who are by these presents
Er;e, fallowir.j the said shores to the ' authotised to receive it, as folìows:
place ubere they shall be inter.sicted by
Ihe northern Umils grsnt.d bk the Charter
.! 1 1. I, ... ti i
m ..... ì iw nini- oi i e nnsyiv ama in case
lliey fcliould he thtis interbcctcd ; and Imiti
thence along tlie said limiti N'orth and
W est of ha:d Province (ili f Ite said weMern
limila nnwi .1... I; : .. I ... .1
' " in- iint; ohi in ine rase
wliere the naid shores oi'haid Lake re not
thus intercected, ihen in following the
Ihe t.aid hhore till we t.ball come toa"point
ot) said rivers which bhal! be the nearest
lo the north-west angle of said Province
of Pennsylvania, and from thence in a
straight line to the said north-west angle
ol'said IVovince; and fmm thenrr olong
the western limits of said Province till it
meets the Ohio river and long the shores
ofsaid river to tlie west to the shores ol
tlie Mississippi; and to the tiorth to the
southern liiuits of the country conreded Io
the Merchanis of Englan.l who trade al
Iludson's Bay; as also al! the territories,
Islands an.l counlries which bave since thè
lOih day of Fehruary, 17C.S, heen annex
ed to the government of N'ewlbundland,
are, nnd Ihey are by these presents during
His Majestv's pleasure, annexed and made
parts and portions ofthe Province of Que
bec; as it was erected and established hv
the said royal Prodamatiou of the 7lh dav
of October, 1763.
II. With the condiiion neveriheless that
nothing that is contained in this, roncern
ing the liuiits ofthe Province of Quebec,
shall disi urb in anv manner whalever. the
limila 01 any ottier colony.
III. Providedalso and it is established
ihat nothing contained in ibis set shall ex
lendorbe consirued to extend to annui,
change, or alier any rights, tities or pos
sessions resulting from any conceHtiions,
acls of cession or any oiher, ol any lattili
in the Province orProvinces djoining, nini
that Ihe said tities shall remairi valid and
sball bave the sanie elice t as if limaci had
never heen done.
IV. And whereas the regulations made
by the said Proclamation, as to the civil
goveriimenl of said Province of" Quebec,
as also the power and aulhorily given to
the Governor aud to the other civil officerà
in the said Province, by concessione or
commissions given in consequence there-
ol, nave ny experience heen lound disad-
vautageous lo the sfate and to the circuni-
slancesof said Province, the number of
us inhaliitanis at the conquest amonritine
to 65,000 (tersons professiti the creed of
the C'hurch of Rome, aud who were injoy
ing a permanent forni of a conati! ut ioti.
and a system of laws, in viriueof which
their persons and their properties bave
heen protected, (toverurd and regulated
for a long series of lime, from the first es
tablishment of the said Province of Cana
da; therefore, it in also established bv
the aloresaul authoritv that th Ki.
Proclamation concerning the said
Province of Quebec, that ali the coni.
mibsions 111 virtue ol which the said Pro
vince in now governed, that ali and everv
one of Ihe ordinances made during that
lime ny ine uovernor and (Jouncil ol Que
bec which relate to the civil covernment
and to the administration of iustice in the
said Province, as also ali the commissions
of the judges and other officerà thereof,
by these presenti are cancelled,
recalled and annulled from and after the
first ciayof May, 1775.
V. And for the most perfect security
and tranquility of the minds ofthe inhabi
tanU ofthe said Province, it is bv Ihese
presents declared that His Majestv's sub-
jfcs prol'essing the worship of the Church
.li ... .in ..
01 nome, in ine saiu rrovince ol Uuebec.
mav bave, keep ami enioy the (ree exer-
cise of the vyorship ol tlieC'hurch of Rome,
submiited to the King's supremacy as de
clared and establiuhed by an act passed in
the first year ofthe reign of Queen Eliza
beth, on ali the domain and counlries
which then belonged or which should be
long to the imperiai Crown of this kingdom,
and ihat the clergy of said church mav
hold.receive and enjoy bis dues and ac
customed rigiits, onlv of ni-rsona who
shall profess the said religion.
1- Brovided neveriheless
that Hi
Majesty, His heirs aud successors mav il
"'ey please, ajìply the overplus of
fea' (-'lH's an'' accustomed righi lo the
encouragemenl of that Protestarli Church
-... .1 . i. .. i . -
(suppuri aria snitsistence ol a
Protestant clergy ifat any lime thought
necessary and ueful.
VII. Provided also and it is established
that ali ersons professine the religion of
the Church of Rome and who diali reside
in ihe said Province, shall tiorbe obhV.-,l
-Dromi- u,cerrtv and iBitn bv otlh
(hai 1 i-hall be inuhful, an.l tliat I ahall bear Ima
fith r.nd tiitt-liiv io Hi Mijcuty Kmj iitotft,
ihat I liall di'ln.rl hitn wnb ali my power and at
fjr ali itiio fn-roiiallv, a -ni usi ali perfidioug
coiiniuracif ani! ali ireasimalila adempii whaier
ilil khall iiiidcriakcn aaiuil bn prann, hit
crowi or Lia difriiy ; and ihat I aliali me Il my
piideanours in discovfr and lo gie kr.owleJj; la
liti hjfty, llia heua and auc-r.ort, ol ali
lr(-ai, prrf'.dinua ronspiracies and of ali irraarin
ahlo aiii'inpls that I ma Ifsrn aa licinf planned a
tainstl Inni or ary gfihcm; ano J make naih of
ili W;fse ihing vMi!, iiit any pqiiivocaiinn, nitnlal
siibi:1ii;a or erret resi nei ioti, renouncing ali
pardona and dixpeiisaiioris from any powtr bal
cvrj absiilv me So kelji me Go'd."
And that ali sudi pereons who shall
neglect or who shall refuse to lake the
said oaih nbove writlen, shall be subject to
ihe tiaine pain, fines, inahiliiies and inca
pacilies that they would bave incurred and
lo which they would bave Ix-en subjecled
l'or baving in glected or re f uscii lo lake the
oath ordaìned by the saiil stai u te passed in
the firotyear ofthe reigu ol Queen Elita
heth. Vili. It is nlso established by the aforr
said aulhorily (hai ali His Majestv's Can
ndinn subjects in the Province of' Quebec
(the rdigious order and communities ex-
cepied) may also hold their projierties and
possessions and enjoy them tonelher with
ull the usages and customs which mav
concern them, and ali the rijjhts of riti
zenship, in a manner as ampie, as exlend-
ed and as advantugeous as if the said Pro
clamaiions, Commissions, Ordinancci
and other acts and instruments bad not
been done, in keepinif to His Majesty the '
laith and fidelity they owe to bini, and the
subinission due to the crown and to the
Parliament of Great liritain; and that in
ali law-snils about their properties and
their righls ol citixcni-hip, they diali fol.
low ihe la ws of Canada as ihe rules by
which they must be decided ; aud ali law
suits that shall be brought liefore any of
the Courts ofjustice which shall be con
sultiteli in the aaid Province, by His Ma
jesty, His heirs and succetsor's, diali be
decided as to sudi properties and as tosuch
rights, in accordance with the laws nnd
usage of Canada until these be changed
or alieted by any ordinances, which after
ibis lime shall be passed in the said Pro
vince by the Governor, the Lieutenant
Governor or Commander in Chief, with
the advice and consent of the Legislative
Council which shall then be constituted in
the manner herein-after mentioned.
IX. With the condiiion neveriheless
that nothing that is contained in this act
shall extend or shall be understood to ex
tend to any ofthe landa which bave been
conceded by His Majesty, or shall be after
this lime conceded by "il is said Majesty,
His heirs and successori., in free and com
mon soccage.
X. Provided also that it shall and that
it may he lawful to ali and every one, pro
prietor ofimmoveables, moveables or in ter
ests in the said Province, who sball bave
the right to dispose the said immoveables.
moveables or interest during his life by
sale, donations, or otherwise, to will and
beijueath them at bis dealh by bis will and
testament, notwiihstanding ali lawe, usagea
and customs to the contrary which bave
prevailed or which now prevail in the uaid
Province, either Ihat the said will is made
according io the laws ol Canada or accord
ing to the forms prescribed by the laws of
XI. And whereas the clearness and
mildness ofthe criminal laws of England
from which great benefit and advantsges
result, bave been sensibly experienced by
(he inhahitanis for more than nine years,
during which they bave been uniformi ad
ministered ; it is therefore also establish
ed by the aforesaid aulhorily that they
shall continue to he administered, and tha't
they fchall be observed an laws in the said
Province of Quebec as well in thecxplan
ation and quality of the crime as in the
mannei io inforni anainst it and to judge
il according to Ihe j.ains and finca
which are by lliose laws infiicted, to the
exclusion of ali other regulations nf crim
inal laws or manner- of proceeding thereat
which bave or may bave prevailed in the
said Province befòre the year or our Lord
Onr Tbousand Seven Hundred and Sixty
F. u', notwithstanding ali things to the
contrary contained in this act to ali efTects,
subject nevertbdess to such changes and
correctionsthat the Governor, Lieutenant
Governor or Commander in Chief with
ihe advice and consent of the Legislative
Council ol the saio Province which shall
therein be benceforward established,
shall make in future, in the manner
hereafter ordained,
XII As it may also be neref-sary to
ordam ceveral regulations for the lulure
hrijpnfM nnd i'.H government of the
Province nf Querce of which we caniiot
now lorsee il. e cur and which rould not
he etal.!ihed now nilhout rnnning the
iiskol font delay and much ir.convenience,
u illesa we rtust the authority thereof duricg
a certain space of time and 'jnder proper
iimiution, io persons who sball reside
therein; and that now it is extrernly disad
vantageous to convocate an Aistmblv i
1 ;

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