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i /r .,<,..

HISTORY

CANADA;

FROM ITS

FIRST DISCOVERY,

TO THE

YEAR 1791..

By WILLIAM _SMITH, ErQUiRE j .

Clerk of the Parliament and Master in Chancery of the rSaifince of

Lower Canada.

NE QUID FALSI DIC:ERE AUDEAT, NK QUID VCKl NON AUD£AT*

VOL n.

QUEBEC:

PRINTED FOR THE AUTHOR,.

JOHN NEILSON,
1815*

i^®^

• •

•

• •

». •

THE

HISTORY

CANADA.

CHAPTER I.

Prom the Establishment of Civil Government^ in 1764 to

the Siege of Quebec in 1775.

\Y the fourth and seventh articles of the Treaty of Chap.
Peace, of the year one thousand seven hundred and six- T.
ty-three, Canada was ceded to Great Britain in its ut-
most extent. In the month of October following, a- ^764.
. bout eight months after the conclusion of the definitive
treaty above mentioned. His Majesty published his
Proclamation, under the Great Seal of Great Britain,
for erecting four new Civil Governments, to wit,
tliose of Quebec, East Florida, West Florida, and Gra-
nada, in the countries and islands in America, which
had been ceded to the Crown by the definitive treaty.
In this proclamation the Eang exhorted his subjects as
well of his kingdoms of Great Britain and Ireland as
of his colonies' ill America^ to avail themselves, with

Chap, all convenient speed, of the great benefits and advan-
!• tages that would accrue, from the great and valuable
acquisitions ceded to His Majesty in America, to their
commerce, manufactures, and navigation ; and, as an
encouragement to them to do so, he informed them,
that in the commissions he had given to the civil Gover-
nors of the said four new provinces, he had given ex-
press power and directions that, so soon as the state
and circumstances of the said colonies would admit there-
of, they should, with the advice and consent of the mem-
bers of His Majesty's Councils in the said provinces,
summon and call gaieral Assemblies of the people within
the said governments, in such manner as was used in those
colonies and provinces in America which were under His
Majesty's immediate government; and " that in the mean
time, and until such assemblies could be called, all per^
sons inhabiting in, or resorting to His Majesty* s said
colonies, might confide in His Majesties royal protecti-
*^ dnfor the enjoyment of the benefit of the laws of his
*^' realm of England ;'* that for that purpose His Ma-
jesty had given power, under the great seal, to the
Governors of His Majesty's said new colonies, to erect
and' constitute, with the advice of His Majesty's said
Councils respectively, courts of judicature, and public
justice within the said colonies, for the hearing and de-
termintng 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 persons who
might think themselves aggrieved by the sentence of such
courts, in all civil cases, to appeal, under the usual limi-
tations and restrictions, to His Majesty in his Privy Coun-
cil.

\^i*i.^ir»

On the twenty-first day of November, one tnousana
seven hundred and sixty-three, about six weeks after the ^
publication of the aforesaid proclamation. His Majesty
issued his commission of Captain General and Gover-
nor in Chief of the province of Quebec to Major Ge-
neral Murray, which was received by him, and publish-
ed in the province in the month of August, one thou-
sand seven hundred and sixty-four. This commission,
and the instructions that accompanied it, seemed every
where to pre-suppose that the laws of England were in
force in the province, being full of allusions and refer-
rences to those laws on a variety of different subjects,
and did not contain the least intimation of a saving pf
any part of the laws and customs that prevailed there, in
the time of the French government.

It seemed therefore, upon the whole, from the
proclamation and commission, to have been His Majes-
ty's intention, with respect to the said province of Que^
bee, to assimilate the laws and government of it to those
of the other American colonies and provinces which
were under His Majesty's immediate government, and not
to continue the municipal laws and customs by which the
conquered people had heretofore been governed, any
farther than as those laws might be necessary to the pre-
servation of their property. And His Majesty's minis-
ters appeared, at the time of passing those instruments, to
have been of opinion, that, by the refusal of .General
Amherst to grant to the Canadians the continuance of
their ancient laws and usages ; and by the reference
made in the fourth article of the definitive treaty of

A 2

Chap, peace to the laws of Great Britain, as the measure of
!• the indulgence intended to be shewn them with respect
to the exercise of their religion, sufficient notice had
been given to the conquered inhabitants of that province,
that it was His Majesty's pleasure, that they should be
governed for the future, according to the laws of En-
gland ; and that the inhabitants, after bemg thus ap-
prised of His Majesty^s intention, had consented to be
so governed, and had testified their said consent, by con-
tinuing to reside in the country, and taking the oath of
of allegiance to His Majesty, when they might have
withdrawn themselves from the province, with all their
effects, and the produce of the sale of their estates, with-
in the eighteen months allowed by His Majesty in the
treaty of peace, for that purpose.

In pursuance of this supposition that the laws of En-
gland had been introduced into the province, by the a-
foresaid proclamation and commission. Governor Mur-
ray and his Council, in the great ordinance dated on the
seventeenth day of September, one thousand seven hun-
dred and sixty-four, (ps^sed at the commencement of
the civil government of the province, for the establish-
ment of courts of justice in if,) directed the Chief Jus-
tice of the province, (who was to hold the superior
cou|t, or Court of King's Benchj established by that or-
dinance,) to determine all criminal and civil causes agree-
able to the laws qJ England and the ordinances of the pro-
vince ; and the judges of the inferior court, established
by the said ordinance, (wjiich was called the court of
common Pleasy) to determine the matters before them agree-
able to equity^ having regard nevertheless to the laips ofEn-
glandy as far as the circumstances and situation of things

^ould permit^ until such time as proper ordinance^ for ihe Chak
information of the people could be established by the Goverr '•
nor and Council^ agreeable to the laws of England ; with
this just and prudent proviso, *' that the French laws and
fustorHs should be allowed and admitted in all causes in ihe
said court between the natives of the said province^ in which
the cause of action arose before the first day $f Ociobir^
one thousand seven hundred and sixty f our. *^

In consequence of these instruments of Government^
all purporting to introduce the laws of England into the
province of Quebec, those laws were generally under^
stood to have been introduced into it, and consequently
to be the rule and measure of all CQ^tracts and other cir
vil engagements entered into by the inhabitants after the
introduction of them, that isj after the establishment oF
the civil government of the province, or after the said
first day of October, one thousand sevea hundred and
sixty-four. Thus were the laws of Englsgid supposed to
have been introduced, until the revival of the French
laws in matters of property and civil rights by the Que*
bee Act passed some years afterwards.

As General James Murray had been appointed Go-
vernor* of the province, and ha4 been empowered by 2,
Royal Instruction to nominate a Council of eight mem-
bers of his choice, with power to make laws and ordi-
nances; he was sworn in as Governor this year, and the
Cpuncil nominated by him, were :

William Gregory t— Chief Justice^
Paulus Emilius Irving,

* 2l8t November, Council Books.
t Recalled on the representation of General Murray.

Chap. Hector Theophilus Cramah^, Samuel Hollana,
J* Adam Mabane, Thomas Dunn,

Walter Murray, Fran9ois Mourner.

As His Majesty*s commander in chief in America, Ge-
neral Amherst, immediately after the conquest of this
country, had ordered and directed that justice should be
administered to the inhabitants by military courts estab-
lished for that purpose in the several governments,
which were afterwards approved by His Majesty, with
an order that they should exist until civil government
could be restored 5 the Legislative Council, therefore,
at the first meeting, passed an ordinance to confirm the
decrees of the several military courts, and the act de-
clared that from the eighth day of September one thou-
sand seven hundred and sixty, the date of the capitula-
tion of Montreal, to the time civil government took place
throughout the province, all orders, judgments and de-
crees of the military councils of Quebec, and of all
other courts of justice in the said government, or in
those of Montreal and Trois Rivieres, should be appro-
ved, ratified and confirmed, and have full force and
eflfect, except in cases where the value in dispute ex-
ceeded the sum of three hundred pounds sterling, in
which case the other party was allowed to appeal to the
Governor and Council of the province, on the appeal
being lodged with the clerk of the Council of Quebec,
within two months after the publication thereof, on
sufficient security being given by the appellant to pay
costs and charges as might be awarded, if the decree
was affirmed, and an appeal allowed to the King and

Council where the value in dispute was above five hun-

dred pounds, the appellant giving security, if the de* Chap,
cree was affirmed. It was also declared by the ordi- '•
nance, that if any person had been arrested, or process
had been issued upon any matter that had been already
tried before any of the courts before the tenth of Au-
gust, one thousand seven hundred and sixty-four,
the person arrested was directed to lay his cause in
writing before the Governor and Council, with an
attested copy of the decree or decrees, that if on exa-
mination it was properly founded, the action might be
dismissed, with a right of appeal however where the
mattey so tried, exceeded the sum of three hundred
pounds sterling, and it also ordained, that the Judges,
Justices of the Peace, and other Magistrates, should on
the application of the several parties put in execution
all orders and judgments of these courts, not then
executed, allowing to the parties a right of appeal.*

The ordinance passed by the Governor in Council,
introducing the English form of proceedings in the ad-
ministration of justice, preparatory to the establishing
the English laws, by proper ordinances for the informa-
tion of the people, occasioned great disquietudes among
the inhabitants, and therefore, in the month of Novem-
ber of the same year, the Governor and Council passed
an ordinance enacting, that in actions relative to the
tenure of lands and rights of inheritance, the laws and
usages of Canada should be observed as the rule of de-
cision according to equity, conformable to the former
ordinance.

Though a common law court had been established

* Ordinance pasted 20th Septeml»er, 1764.

by a provincial ordinance^ yet a court of equity was
much wanted, and this induced the govemment to set
up the Court of Chancery, at the head of which presi-
ded the Governor as Chancellor, with two masters, two
examiners and one r^;ister : this court was absolutely
necessary to moderate the rigour of the common law,
consideing as that court always does, the intention ra-
ther than the words of the law. This establishment
continued until the Quebec Act was passed in one thou-
sand seven hundred and seventy four, and then it merged
into the new courts formed at that time.

The Art of Printing was introduced into Canada, in
the year one thousand seven hundred and sixty four,
by William Brown and Thomas Gilmore. They pub-
lished the first number of the Quebec Gazette on the
twenty-first of June of that year. The establishment
had been projected in Philadelphia the year before ;
Gilmore was sent to England to purchase types and
and other materials in the autumn of that year, and Brown
proceeded to Quebec with a prospectus of the Gazette
to procure subscribers, and make the necessary arrange-
ments for commencing business in the spring. The sub-
scription list then amounted to about one hundred and
fifty, half of whom were Canadians. The tardy estab-
lishment of the Press in Canada, and the quarter from
whence it was first introduced, are facts than which
none can be more strongly illustrative of the genius of
the govemment and people of Canada, and of the then

British Colonies in North America. Canada had been
longer settled than any of them : its population was then
probably nearly as numerous as that of Pennsylvania*
yet the first Printing Establishment for Canada, was
projected and carried into eSkct ham that Colony.

littRiNG the course of the war in Canada, Pondiacj a Chap«
brave and experienced chief of the Ottawas, had preserved ^ ^
the strongest attachment to the French interest, and not-
withstanding that peace had been concluded, his invete-
rate hatred to the English urged him on to engage
hot only his owti but other Indian nations, to rekindle a
wan Pondiac had conceived a plan of attacking the
English posts of Detroit and Michilimackinack, by sur-
prize. In furtherance of his plan, he sent forward a party
of Indians, Composed of Hurons, Ottawas, Chippawas,
Poutawatamies and Messessagas to that place, under
the specious pretext of making a visit to the com-
mandant. On their arrival at the fort, the chief of the
band advanced to the Governor of the fort, with protes-
tations of the warmest attachment for him and his
garrison, which was returned by assurances of recipro-
cal regard. They then began to play the jeu de balle^ a
game the Indians are much accustomed to, and from
which they derive much amusement. The ball was fre-
quently thrown within the pallisades of the fort, which
was as repeatedly brought back by some of the party,
when a favorable opportunity presenting itself, they
seized the centry at the south entrance, and the whole
party rushed in and took immediate possession of the
fort with little resistance on the part of the garrison.
A lieutenant and seventeen soldiers were killed, but none
of the merchants were put to death, but were all car-
ried prisoners to Montreal, where they were liberated on
a sum of money being paid for them.

The success that attended the reduction of Michili-

CIfiap. inackinac, led Pondiac to think, that availing himself of
L similar address, he might seize the garrison of Detroit ;
with this view he collected an Indian force, amounting to
three hundred warriors, and at their head marched for
that place, garrisoned with three hundred men, under the
command of Major Gladwin, a brave and experienced
officer. On the seventh May, the Indians came to the forts
and held a treaty with the Major, who had, however, been
apprised the evening before, that their design was to
murder the officers in Council, while they were to have
had parties at the different merchant's houses to treat
them in the same manner ,and then make themselves mas*
ters of the garrison, by rushing into the guard house and
barracks to seize on the arms. To shew them that he
was not afraid of them, he allowed them admittance,
but took the precaution to have the whole garrison un»
der arms, and the merchants were desired to shut up
their houses, and to assemble with their servants at nine
o'clock, all completely armed. The Indians all entered
about ten o'clock, and made dispositions according to
their plan. Pondiac had in his pouch a belt of wampum,
which was to have bee n the signal for commencing the
massacre, but finding the garrison under arms, he did
not dare to produce it, declaring at the same time his
surprize at the Major's conduct, and feigning ignorance
of the soldiers being paraded. The Council was of
course at an end, and they retired much disconcerted,
to the ferther side of the river, where . they encamped.
The young warriors on their return, reproached Pondiac
for not producing the signal, observing, that they would
have carried the fort, with the loss of a few men only :
to which he replied, that if he had known that they
would have consented to lose any of their men, he cer-

taialy .would have commenced an attack, but as they Chap.
were willing, he would soon give them another oppor- !•
tunity to attack the garrison, whether under arms or
not.

In consequence of these resolutions, Pondiac, with
several of the other chiefs, came to the fort the next day,
to smoke the calumet of peace with the Major, who to
shew his detestation of their treachery refused to go
near them ; but told Captain Campbell, if he had a
mind, he might go and hear what they had to say,
Campbell having met them, Pondiac told him, that he
would propose a meeting with the Major the next day,
and to wipe away all cau$e of suspicion, he would bring
all his old and young men to take him by the hand in a
friendly manner. He then withdrew to his camp. At
eight o'clock next morning, sixty-four canoes crowded
with Indians, were discried from the fort, crossing the
river above it, where they landed, when a deputation
from them was sent to the Major, to demand permission
for the whole to be admitted into Council. This request,
however, the Major absolutely refused, but observed that
they might send forty or fifty chiefs, which he looked up^
on as a sufficient number for that purpose. With this re-
solution they returned to the rest, who by this time were
at the distance of two hundred yards, lying all round the
fort, to whom, on its being communicated, they all got
up and fled, yelping like so many devils. They then
fell on a small plantation about a mile from the fort,
murdered Mrs. Turnbull, to whom it belonged, with her
two sons, and from thence proceeded to Hog*s Island,
about a league up the river, where they tomahawked a
man by the name of Fisher, and his wife and four sol-

B 3

Chap, dicrs, carrying off Fisher's children and a maid servant
I into captivity. Returning on the morning of the tenth
of May, they began an attack on the fort in the most
resolute manner, and supported a heavy fire until the
evening, when losing a number of their men, they re-
treated to the viToods. Apprehensive of a second s^ttack,
the French inhabitants proposed to the Major, that
terms of pacification should be offered, to which
he the more readily assented, as there was but three
weeks provision for the garrison, at a pound of bread
and two ounces of pork for each man per day, and with-
out the least prospect of any supply. The deputation
of the French inhabitants that was sent to Pondiacj re-
turned with five Indians, who demanded in the name of
the rest, that two officers should go out and hold a treaty
with them in camp, an^i they requested that Captain
Campbell might be one of them. The Major assented
the more readily to this proposal, as the French inhabit-
ants who had proposed the accommodation assured him,
that there was no risk, and that they would be respon-
sible for his safe return. He went off in the afternoon
of that day, and took with him Lieutenant M^Dougall,
accompanied by the five Indians and an equal number
of Frenchmen, who had given a solemn promise that
he should return safe j regardless however, of their
word, they delivered up both Caippbell and M*Dougall
into the hands of Pondiac. The terms on which this In-
dian chief proposed the garrison of Detroit should sur-
render, were, that they should lay down their arms,
leave their cannon, magazines, merchants' goods, and
two vessels, which should be the property of the cap-
tors, and that they should be conveyed in batteaux to
Niagara, To these proposals the Major returned an an-

«wer, that he was resolved to defend the post to the last Chap.
extremity. Upon this, hostilities were recommenced,
and the blockade continued during two months. On the
twenty-ninth of July the garrison was agreeably surpri-
zed with the arrival of Captain Dalzel and his party,
which though vigorously attacked by Pondiac and his
people, made his way to the fort, without the loss of a
single man, though he had several wounded. The gar-
rison being now reinforced, and the Indians still conti-
nuing in their camp at a small distance from the fort,
Capt Dalzel, on the evening of the thirtieth, formed
the design of surprising Pondiac^ under cover of the
night. To this proposal the Major readily assented, and
the two hundred men destined for this service wrre in
readiness at half past two o'clock of the next morning,
^4 pi^rched out under his command. I'wo armed
boats %^ere ordered to row along shore, to cover the re-
treat, and take oflF the killed and wounded. As the
distance to the Indian encampment was but two short
miles, the troops soon arrived there, where, instead of
finding them i^nprepared, they found he was apprized
of the design, and had taken possession of the houses
along the road, from which they kept up ^n incessant
fire, which galled the troops excessively. Captain Dal-
zel made many efforts to dislodge them, but without ef^
feet, though he showed great courage and resolution,
and was well seconded by his whole detachment. At
the moment that a retreat was ordered, Captain Dalzel
received a mortal wound, and the command devolving
on Captain Grant, he retreated in good order with his
detachment, having lost in the action nineteen men kil-
led and thirty-nine wounded. It would have been next to
impossible for the garrison to have held out much longer,

Chap, had not a supply of provisions arrived to their relief. These
^* succours were brought by a schooner from a post above
Niagara, which anchored in Detroit river on the third
of September. In the evening of the succeeding day,
Pondiac projected a plan to seize this vessel, and
pushed forward a detachment which attacked her in the
most resolute manner. After repeated attempts to board
the schooner, they were at length beat oflF with great
loss, and the vessel meeting vrith no lurther interrupti-
on, arrived at the place of her destination. The master
however, and one seaman were killed, and four others
wounded. The succours received augmented the spi-
rits of the garrison, as much as it depressed Pondiac^ s
ardour, and at length convinced of the uselessness of
his efforts, he proposed an accommodation on terms
highly favorable to the English interest. A treaty
being concluded, the Indians returned home, and no
further interruption was given to the English traders.

In consequence of the supposed change of his senti*
ments, and with a view of purchasing his attachment,
the British government settled a pension upon him ; but
this had no eflfect in repressing his spirit of hostility,
which frequently broke forth, and ultimately became
the cause of his own destruction. In the year one
thousand seven hundred and sixty-seven he attended a
grand Council in the Illinois country, and there made a
speech couched in such language as evinced his ancient
hatred to the English. An Indian friendly to the English
government, availing himself of this opportunity, rose up
in the assembly and stabbed him to the heart. The Illi-
nois, far from being displeased with their countryman,
approved of his conduct, and the nations that had been

SO loftg under his influence, no longer shewed a spirit Chap.
of hostility, but sued for peace, which was happily re- ^ ^"
stored.

Among the transactions of this year, a most attroci-*
ous attack was made on the person of a Mr. Thomas
Walker, a Justice of the Peace, at Montreal,' on the
sixth day of December.— The circumstances attending
this assault appear to be these : Governor Murray had
issued an order for lodging the troops in private houses.
The lodgings occupied by Captain Fraser, being vacant
by his appointment to be Paymaster General of the
troops, he having been provided with one at the public
expence, an officer insisted upon having tliose rooms,
in the name and right of Captain Fraser. These lodg-
ings before Captain Payne had taken possession of them,
had been rented to another gentleman. At a meeting of
the Justices of the Peace, among whom was Mr. Wal-
ker, a warrant was issued, commanding Captain Payne
to give up the lodgings. This Captain Payne refused
to do, and the Captain was sent to gaol. After continuing
in gaol a few days, he applied to the Chief Justice of '
the Province for an habeas corpus, and he was set at li-
berty. Soon after this, a resolution was taken to pu-
nish Mr. Walker, who, it was thought, had been the
principal promoter of the warrant, and of Captain Payne^s
commitment to prison. On Thursday, the sixth day of
December, the plot that had been laid against Walker,
was put into execution, and the assault was actually
committed. At a quarter after nine o'clock at night,
as Mr. and Mrs. Walker were sitting in their hall at sup-
per, a sudden noise was heard at the door, as if
made by a number of people striving hastily to get into the

CkAP. house. Mrs. Walker upon hearing it, immediately cnea
I- out, entrezj imagining it was a number of Canadians co-*
ming to Mr. Walker upon business as a Justice of the
Peace ; but looking towards the door, and seeing through
the glass of the inner door a crowd of black faces rising
one above the other as they stood on the steps without, she *
cried out, '* Good God, what is this ! this is murder, this
** is the army come to revenge themselves !'* While Mrs.
Walker was crying out in this manner, the ruffians en-
tered the room. Mrs. Walker's exclamation made Mr.
Walker turn his head back, at the instant they were en-
tering, who, upon sight of these assassins, started upf
from his chair, and in rising, received a wound five in-
ches long, on the fore part of his head with a broad
sword, but did not sink under it ; recollecting that Ins •:
arms were in his bed chamber, he made towards them, but
received so many blows from five or six of these ruffians^
that he could not reach them, but sunk down, spent with ■
wounds and the loss of blood, into an arm chair that
was standing in the further comer of the parlour adjoin-
ing to the door of the bed chamber. He continued in •,
this situation for a short time, almost deprived of his
senses, but was roused to make another attempt to de-
fend himself by the terror occasioned by the threat of . .
instant death. Mr. Walker resolved, though quite un- •
armed, to do what he could to defend himself, and at«
tacked two of the ruffians with his fists, but was soon
over powered by the rest, one of whom seized him by
the throat, while another took hold of his right thigh,
and endeavoured to throw Mm into the fire. The ter- •:
ror of thiSi.cruel death giving him new strength and spi-
rit, he disengaged himself from them both, by putting
his hands against the chimney piece, and pushing hioK

^tf from it with alt his forde ; but at that iQstailt Chat,

tie received a clangerous wound on the left side of f»

' . the head, wfiich felled him to the ground, when

C '.one of the ruffians kneeling down, cutoff a part of his

• .right ear,, and endeavoured at the same time to cut

. -. his throat, which they were prevented from doing, by

';* Mn Walkei^s squeezing his head down close to his

•. shoulder, and putting up hi& left hand ; they » being in a

•jC' hurry to get avray, as the ne^ghfaourhiood began to be a*

.^^ Jarmed, they made ofiT, tSikxng the ear in triumph. la

. f* consequence of this outrage, the whole province was

^} . thrown into th^ greatest possible alarm* The inhabit-

- />ants of Montreal went armed in the streets, and never
•^ went to dinner or to their homes without pistols before
^: Ihem. Whenever a soldier entered a shop to purchase
*\;an article, a pistol was presented at him, to prevent his-

- */'conunitting outrage. As soon as this horrid assault wa»
> V known in England, the Sing issued a^ proclamation* of-^

• • •

•• ' " • LONDON GAZETTE.— St. James's, 29th- March, 1766.'

* ^ , Whereas it has been humbly represented to the King^ that en the sixth da| of

• * £>eceinber, one thoutandi seven hundred and sixty four, between the hours o0
* eight and nine in the evening, a most audskioiu aad wicked attempt was made

« , po assassinate Thomas Walker, Esq. of Montreal, one of His Majesty's Justices-

•«f the Peace for that district, by a number of persons ki disgtilse, who^^ after giv

' • ing him above fifty wounds and contosiotis, many of them of the most dangcrout

t^tiue, Vah him for dead, but not tiil they had cut off a part of hi» right ear»,

/. jfehich they carried away in triumph : His Majesty, for the better discovering

- 'and bringing to justice the persons concerned in that feUniou» attack, is graci*

.••• cMisly pleoeed to promise his Royal Pardon to an^^one of the said oiKrnders^ who

\9 ih^kl voluntarily surrender himself to any of His Majesty's Justices of the Peace

' V^ in Great Britain or Ireland, or in the Province of Canada, or any otlier of Ht»

• • MajestyV dominions, and who ihallmake a full discovery of his accompJicet,sa
•%'$ ij^^^ ^^^y ''^y^® apprehended and convicted thereof: and also a reward of one

-* . hundred guineas, to be paid by the Righf Honourable the Lords CommissioDere

* ' ef His Majesty's Treasury, upon the conviction of any one or more of the of^
fcndecs principally concemcid ia the said feots : and further, if suoh evideoct^

X^T'

• ■ *
/ ■

.r^.;:

CHAPb fering a reward of one hundred guineas for the appre-^

!• hension and conviction of any person concerned in cut-^ •'
^'^^'^^ ting oflf Mr, Walker's ear, and the Governor of the*A;
province offered, also, a reward of two hundred, more. -'* };

1765* Several gentlemen had been taken up on suspidonr ^« .
of being concerned in the assault on Walker, and*. ''.V
several inhabitants, in order to obtain the release of these' /
gentlemen, presented a memorial to the then Governoir;'' J[«
^ of the Province. They stated that they had the utmoiji;\.
abhorrence of the breach of public order in the out-,-.;*,
rage conmutted on the person of Mr. Thomas Walkei*; \f
and their wishes for the discovery of the perpetratofr^f- ;
of it, yet they could not be unmoved when they consi*^^*
dered the circumstances of the gentlemen, torn frotnl .;jj
their fiamilies and imprisoned on suspicion thei^f. Th^it*,^
until they had heard the crime proved against theJOif^*/ •
they could not but help interesting themselves for m^, .• <
who from their families, stations, services and establi^' V .
ed characters (until this surprizing stroke) had stood in . S
the highest degree of estimation in the province. Tfiit'^i
they not only felt for them, but for their families, ah(l
for the affliction experienced by his Majesty's new sub^ z*^
jects, who beheld the grey hairs of their countrymen so .- i ;
unexpectedly, and perhaps irretrievably affronted. Th^f^ •
therefore supplicated his authority to mitigate the (rigor ;'*\.
of the law ; a dispensation which they thought justifiablo^U !
and they offered to become bail for their appeals >»[;
ance at their trial, and for the safety of Mr. Walker'^.r*

ihin happen to be in any regiment in Hit Majest7*8 icr?ice, he shall, if hr <lil^*^f *
tiret tt« have his free discharge. (Signed) H. S. CONWAV. • *.;j

And the said Thomas Walker doth hereby promise a reward of one hnndre^ Jm^-
guineas, to be paid immediately on the coa?ictioa of any one or more «f the ifjfV .•,;
fenders principally and actually concerned in the said assault. •. *\;^

•

• •

'^ ...

person from any hurt in consequence of their enlarge-
ment. His Excellency returned an answer, in which
he stated, that he had received their memorial, and that
as the Chief Justice had refused to accept bail, and suf^
fer them to be at large till the time of their trial, it was
not possible for him to interpose his authority, and to
enlarge them consistently with his duty : that he thought
it necessary to apprize them of the evil tendency of in*
terfering in numbers in the free course of justice ; that
they should solicit persons to sign the petition, and that
they should assemble in numbers to wait on the Gover-
nor to enforce their request, in hopes of making him
swerve from Ijis duty, was highly reprehensible, tend-
ing to overturn Uw, justice z^d good government. The
Governor therefore gave them a positive denial, and the
gentlemen rem^ed iii custody^ The answer wa$ so
little relished by the subsxrribe^, that they replied to the
Governor, that they had paid a respectful attention to
his letter, and that lest any un&yprab^ impression
might have been conveyed, they begged ieaye ta lay be-
fore him the whole of their proceedings and i^te^tions,
which they flattered themselves, would be son;^ apolo-
gy, even if they had been ignorantly led into a breach
of positive law,*

* Cofy of a Letter to the Lieutenant- Governor of Queiec^ from Coi, Jones^
Col, Irvingy attd Capi, JUfforris, in anttner to his to Col, Irving,
SIR — With the respectful attention due to a letter from you, we have peru-
sed that sent to Lieut. Col. Irving: and directed to be communicated to all that
subscribed a Petition in behalf of the gentlemen brought prisoners from Mon-
treal. Lest any unfavourable imprettion may have been conveyed ; lest the si-
lence even of those amongst the presenters, not particularly charged, should
countenance such impression, we beg leave to lay before you the whole of our
proceedings and intentions : intentions, which, we flatter ourselves, would b*
|ome apology, even had we been ignorantly led into, a h|;each of a positive law.

c %

■••»^-^. ■;

•'■ii^:^^*4jv

■ *

CHAf. At the Court held at St. James's on the twenty-se-
I- cond of November, one thousand seven hundred and

Saturday nigBt it wi» toM« tlieftntkiiien confined were net to be boiled, and
that It was eiipected they would be «ent back prisoners the next afternoon .; that
having no other resource, they intended to apply to the Governor by Mcninr£d«
and wottld be obliged -to ^eir friewlt to present it. Tiiey fcrand on this occasion^
taare friends than they expected, all were tooched with their very particular
circumstances, all freely offered their service, (fiew or none who had oppcirtunsty
declined.)

liie memorial was a vequeetvto the GovettMr to interpose, whether by C9a«
ein|^%ail to be accepted, or otherwise, iwe were not informed, for none of oa
read it, but heard it was drawn up by proper advice. It v^as decent to adcom*
pany it with a Petition ; several motives ciffered for so doing ; no time was to be
lost, as soon as a fair cc^y could be made out, it must be delivered : The ezpret-
ciens mnst remain such as they were, such as were inqxred by a warm zeal for
pur friends ; for gentlemen unexpectedly thrown ^o the most mortifying cir**
cumstances men cduM fall into ; yet, so unanimous vrere ^U, that not nne of the
varioui pers^s who read and signed it, all unsolicited (as far at we know) most,
unconnected by any but the ties of humanity, and an opinion of the pcisoners
innocence, made the least exception to a single sentence. They thought it would
be but justice to these -gentlemen, to give the strongest testimony df tkeir cha-
racters, and the esteem in which they stood in the country • They liioaght it
humanity to alleviate the odium which their unhappy situation must throw 09
those characters, and to obviate, as far as in them lay, the ill consequences like-
ly to ensue on their affairs and interests : In fine, that it was« -proper occasion
to inform those who had not opportunities of being acquainted with this Proii
vince, that an impression very different had been made here in reg^d to the
perpetration of the outrage on Mr. Walker, from what may have been given in
England,

To lay open these their sentiments, they flattered themselves would not be
unacceptable, and astfiey thought it incumbent on them to propose the most per^
suasive motives for every possible indulgence, they hoped every becoming mea^
sure for justifying such indulgence would be pleasing. They never presumed
to prescribe in what manner authority was to be interposed ; if the kw did not
allow bail to be taken, some miugation in the manner of the prisoners confine*-
ment was hoped for : these were the views, in which we gave that evidence of
our sincerity, as well dependance on these Gentlemen's honour, in ofiering the
most unlimited security we could for them.

By au^rity we meant no other than the authority usually vested in Qovefo
nors neither did we conceive that word implied any thing arbitrary. Wne
we mis u ke n in supposing an authority for doing something that could not be
done, were the application of that authority (did it really exist) improper, a
word or hint would have been taken, as the rebuke o£ our Governor, our Gene*

^xty-five, at which His Majesty was present^ the Report Chap,
vfZB made in these words : ^*

The King's most Ewellent Majesty in Council, up-
on reading at the Boao'd a Report to His Majesty from
the Lords of the Committee of His Majesty's Most
Honourable Privy Council, dated the l^fteenth of this
instant, in the words following, viz.

" Whereas the Lords of the Committee of Coun-
cil since their Report to your Majesty of the eighth
of last month, have received the <;^inion of yotir
Majesty's Attorney and Solicitor General, upon some

tra], and our Friend. As such we looked upon what you said to u<, Sir, on our
presenting the memorial, and should have come o£f thankful for what could
•legally or conveniently be done for their ireKef : But had any such authority exist-
ed, had we not the only moment when oir endeavours could avail, exerted our-
selves in behalf of our Friends and Brother Officers, had we seen them after
Scandal, Imprisonment and Vexation, prove their Innocence ; had we then re-
membered that we left undone any thing possible to be done for their relief, we
■should certainly repr«ach ourseltres, and the \iorld would probably ask, why
were we so luke-warm.

These were our thoughts ; these our motives, and seemed to be of all that
signed ; if from their speeches and behaviour then, we are to judge ; For ou
thiBse matters we have had no communicaUaii before, and very little, even in
common discourse since, with any of them.

We declare, that we never had voy intimation that our petitioning would be
ill received : The Town Major^ -aent to give notice of our intention, brought
back no such message : Major Mills, indeed, said it would be disagreeable to go
in numbers ; it was instantaneously decided, a few only should go ; most seemed
willing to be of these few^ We thought it would be wanting due respect, to
suffer to be presented to the Governor by persons of an inferior rank to ours, a
petition tp which our names were signed.

The bare exposition of these our motives find proceedings, will, we hope, be
their apology. The spring of them all was zeal for our Brother Officers, whose
Fortunes, X^ives, and Honours, are closely attacked. Even this should never
lead us to an undutiful act ; for we were, and remain, with unalterable obedi-
ence to Public Authority.

Chap, doubts which had arisen^ in regard to the authority
I of the Governor of Quebec, to cause Courts of Oy-
er and Terminer to be held at Trois Rivieres, for the
trial of the oflfenders concerned in the assassination of
Mr. T. Walker at Montreal, and in the riot, breadi of
prison and rescue of divers persons taken up on that
account, at which Court several of the offenders had
been tried and acquitted, and your Majesty's said
Attorney and Solicitor General being of opinion that
the Governor of Quebec is fully authorised and em*
powered by his commission and instructions, to ap-
point Courts of Oyer and Terminer within all the
districts of that Province, and that no Special Com-
mission can be lawfully issued for a new trial of those
perspns who h^d been indicted, tried and acquitted
at the said Court held at Trois Rivieres, but as there
is re^oQ to believe there are several other principal
offenders who have not yet been apprehended or
brought to trial, the Coiamittee think i( advisable
for your Majesty, to require your Governor or Com-
mander \a Chief of the Province of Quebec, to ex-
ert himself in causing a diligent search to be made
after such persons and bringing them to trial in due
course of law, in the vicinage of the plac^ where the
offence wa^ committed, and by a Jury of the said vi*.
cinj^ge^**

^^ His Majesty this day took the said Report into consi-
deration, and waa pleased, with the advice, of his Privy
Council to approve thereof, and to order, as it is hereby
ordered, that the Right Honorable Henry Seymour
Conway, Esquire, one of His Majesty's Principal Secre-
taries of State, do signify his Majesty's pleasure to the

£3

Governor or Commandel' in Chief of His Majesty^S Chap.
Province of Quebec, for the time being, to exert him-
self in causing a diligent search to be made after such 1766^
of the said principal offenders who have not yet been
apprehended and brought to trial, and in bringing them
to trial in due course of law, in the vicinage of the place
where the offence was committed, and by a Jury of the
said vicinage/'

** SiR-This* will be delivered to you by Mr. Walker,
who had the misfortune to have met with such treatment
at Montreal, as is a disgrace to all government. As no
material complaint has been made against him for mis-
conduct as a Magistrate, and as his general character is
supported by the testimony of very respectable people
in Canada, and in London, and as it seems unjust that a
person should be turned out of the Magistracy for any
other cause but his misconduct therein, especially after
the unparalleled cruelties exercised on Mr. Walker, I
am therefore to acquaint you, Sir, that he should be im-
mediately restored, and put into the Commission of the
Peace, and also that you would omit nothing in your
power, to support him in that unmolested pursuit of
trade which, as a British subject he is entitled to, where-
ever he chuses to settle."

** As to the persons concerned in the horrid attempt to
assassinate Mr. Walker in his own house, I hope, that
in consequence of His Majesty's Order in Council of
the twenty-second day of November,' one thousand se-
ven hundred and sixty-five, transmitted to you in my

* This Letter Wat dated St. Jamei't, March 91. 1766.

Cha?. letter of second of Decemher, one thouisand seven hun*^
!•_ dred and sinty-fere, you have taken such measures as uy
have discovered and brought to trial those who had at
first eluded that vigilance, which from a sense of your,
duty, you naturally exert to bring such ^ienders tiE> j)i^
ttce.^

•* It is not without extreme concen, that I find the con-
duct of some wha are honored with His Majesty's
Commission in his army, has raised a suspicion of their
having been engaged in this atrocious wickedness; I hope^
there is no foundation fbi such a suspidon,* if any such
there are, their crime is double as men and as officers^
in so extravagant a violadkm of the laws of the land, and-
so flagrant a breach of that order and discipline which
is the life and soul of all armies^ and especially of the
British, whose glory it is to be the supporters of the
laws and liberty of their country ; wherever His Majes*
ty's forces are found to be actuated by a spirit contra-
dictory to that principle, they are -a disgrace to his ser-
vice, and must expect to incur his highest displeasure ;;
their honor and their interest require, that tlie military
should so carry themselves, as to ensure to themselves
the respect and Ibve of tiie people. I am, therefore, by
His Majesty's express commands to recommend it to
you, and all the principal officers in America, that the
utmost attention be given to preserve the strictest disci-
pline, and that on no account, the smallest encourage^
ment be given to any idle pretensions of exclusive privi-
leges in the military service ; such pretensions are alto-
gether unsuitable to the nature of our constitution, and-
can tend only to the rain of good order and discipline f
for which reason I am confident you will thkik it parti-
cularly your duty to discountenance all such destructive
and dangerous opinions.**

^^ 1 persuade myself you will feel as strongly as I can, C»a>.
the great and crying injustice that any resentment should ^ ^
remain against Mr. Walker, after the cruel wrongs he
has suffered. As a man, he has^ a right to pursue those
who would have murdered him. It iB the common* cause
of humanity that they shotild be pursued^ and' in fact,
a man cannot, that I see, entertain a Fesentment ag^list
Mr. Walker for seeking justice, without in some sort,
making himself a party in this very black affair. The
good sense and the equity of the gentlemen of the ar-
my, willy I doubt not, demonstrate, that however parti-
cular men may have been engaged, the army in gene-
ral were not actuated by any common prejudice to this
unfortunate man. If thfere shtHild, however, be any
persons so very wrong headed and ill minded as to in-
tend him mischief, I recommend it particularly to you^
Srr, to exert your utmost endeavors ta frustrate their
tnaHce, and protect him.**

Wh£n the Supreme Court was held at Montreal, oi^
the twenty*eighth of February, onae thousand seven
hundred and sixty-seven, only one bill of mdictment
was preferred by the Grand Jury, and that was ag^st
Darnel Disney, a Captain in the forty-fourth regiment. On
the eleventh of March, Captain EKsney was arraigned^
and tried, and after a hearing of eight hours^ and many
wimesses examined on both sides, was most honorably
acquitted, the case being so clear, that the Petty Juj!»y
did not take more than half an hour to consider on their
verdict, which rime was barely sufficient to read over
the notes of the deposidons made by the several wit-v
nesses. On the trial George M'GQVod^^who had heea

Chap, a witness for the Crown, was so contradictory in his evi-
^ dence, and appeared so completely to have perjured
himself, that the Grand Jury presented a bill of indict-
ment against him for perjury, and he was immediately
sent to prison. The other gentlemen who had been in
confinement, were discharged by proclamation. The
Grand Jury the day after the trial, presented, that by
the alibi of Capt. Disney proved in Court, Mr. Thomas
Walker, and Mrs. Walker, his wife, had been guilty of
perjury, for that they did on oath, positively ^wear,
that the said Capt. Daniel Disney in disguise, had been
in the house of the said Thomas Walker, when the as-
sault was committed on him on Thursday the sixth day
of December, in the year of our Lord one thousand
seven hundred and sixty-four, between the hours of
eight and nine o'clock in the evening of that day j and
also that George M*Govock, late soldier in his Majesty's
twenty-eighth regiment, was guilty of wilful and corrupt
perjury, for that he, at sundry times, and places, bdng
under oath legally administered, did commit perjury,
and particularly on the eleventh day of March, in open
Court, did positively swear, he was present at the as-
sault committed on Mr. Walker, on the sixth day of
December, one thousand seven hundred and sixty-four,
and that he did carry intelligence of the said assault
from the said Walker's house to Captain Payne and
Lieutenant Tottenham, who were then at the house of
Serjeant Mee, and for that the said M^Govock did then
and there utter divers other wilful and corrupt perjuries.

On the departure of Governor Murray, the IVo-
vince was entrusted to P^ulus Emilius Irving, Esquire,
as the oldest Counsellor.; the Chief Justice being deem*

ed incapable from his official situation, of holding the Chap.
reins of government ; and Brigadier General Carleton ^ ^
succeeded him as Lieutenant Governor.

Though the raising a revenue in America, had been
often a subject of discussion in the Parliament of England,
it was at length carried into execution, by an Act of
Parliament being passed, that would have excited a re-
bellion, had it not been repealed the next year, from
the resistance made to it in America* None of the Colo-
nies on the Continent acquiesced in its provisions, but
Canada and Nova Scotia, and even by these the Act was
viewed as a measure of extreme hardship, imposing a
duty by Act of Parliament, which the Colonies deem-
ed England had no right to impose without their con .
&ent.

Complaints having been sent to England respecting
the establishment of the Courts of Justice in Canada,
and of several of the ordinances and proceedings of the
Governor and Council to the Plantation Board. A re-
ference was made of the petitions and memorials of the
King's subjects, English and Canadian, to the Attorney
and Solicitor General, who, on the fourth of April
made their report in the following words :

*• To the Right Honourable the Lords of the Committee for

Plantation Affairs.

** My Lords~In humble obedience to your order of the
nineteenth of November last, wherein it is recited, that
His Majesty having been pleased to refer to your Lord-
ships, several Memorials and Petitions from his Subjects

D 2

Crat.. in Canada, as well British as French, complaining of
I* several of the ordinances and proceedings of the Gover»-
nor and Council of Quebec, and of the present esta^
blishment of Courts of Judicature and other civil con-
stitutions, your Lordships had pn that day, taken the
6aid papers into your condderation, together with a re*
port nude thereupon by the Lords Commissioners for
Trade and Plantations, dated the secoM day of Septem-
ber last, and finding, that the«aid Lords Commissioners
had proposed another system of Judicature to be substi-
tuted in lieu of that which is now subsisting, you thougl^
it proper to order, that the said Memorials, Petitions and
Report, (which were liiereunto annexed,) should be re-
ferred to us, to consider and report our opinion and ob-
servations thereon, together with such alterations to be
made in what is proposed in the said Report of tbe
Lords Commissioners for Trade and Plantations, and
such other regulations and propositions as we should
think (it tQ suggest, for the forming a proper plan of
Civil Government for the said Province of Que^ j
and to that end, we were directed to take into our con-
sideration such parts of the annexed Report of Gover-
nor Murray upon the state of the said Province, as re-
late to the Civil Government thereof, whilst the same
was annexed to the Crown of France ; and we were al-
so required to send for Lewis Cramah^, Esq. Secretary
to Governor Murray, and Fowler Walker, Esq. Agent
for the said Province of Quebec, who were ordered to
attend us from time to time, to give us such further
lights and information, as might be requisite for the pur^
pose before mentioned.

4€

Wc have perused the several papers referred to us^^

together with the said two Reports, and have also been Chap,
attended by the gentlemen named in your order, and ^*
upon the whole matter beg leave humbly to submit to
your Lordships, such reflections as have occurred to us,
jin the course of that imperfect con^deration, which we
have been able, at this busy season of the year, to give
to the great subject of the • ivil Government of Que^^
bee, and the propositions made by the Lords Commis^
^ioners of Trade and Plantations^

" My Lords, it is evident that two very principal
sources of the disorders of the province have been :

** 1 . First the attempt to carry on the administration
of Justice, without the aid of the natives, not merely in
new forms, but totally in an unknown tongue, by which
means the parties imderstood nothing of what was plead-*
ed or determined, having neither Canadian Advocates
j^nd Solicitors to conduct their causes, nor Canadian Ju-
rors to give verdicts, even in causes between v^.^anadians
only, nor Jud|^es conversant in, the French language to
declare the law, and to pronounce judgment. This must
cause the real mischiefs of ignorance, oppression, and
corruption, or else, what is almost €qual in government
to the mischiej^ themselves, the suspicion and imputa«
tiofi^ of them.

" a The second and a great source of the disorder was,
the ailarm taken at the constructioii put upon His Ma-
jesty's Froclamatioa of October, one thousand seven
hundred and sixty three, as if it were his Royal intenti-
on by his Judges and Officers in that country, at once to
abolish all the usages and customis of Canada, with the

Chap, rough hand of a conqueror, rather than in the true spi«
!• rit of a lawful Sovereign ; and not so much to extend
the protection and benefit of his English laws to his new
subjects, by securing their lives, liberties, and properties
with more certainty than in former times, as to impose
new, unnecessary, and arbitrary rules (especially in the
titles to land, and in the modes of descent, alienation,
and settlement) which might tend to confound and sub •
vert rights, instead of supporting them.

** 1. To the first of these evils, the order made by
your Lordships on the fifteenth of November last, foun-
4ed on the Report of the Lords Commissioners of Trade
and Plantations, requiring the Governor or Commander
in Chief of the Province (by an additional instructiq^)
to publish an Ordinance for admitting Canadian Jurors
in the several cases therein expressed ; and for permit*
ting Canadian Advocates, Attorneys and Proctors, uiv-
der regulations, provides an adequate remedy.

*^ 2. To fhe second evil, the Lords Commissioners
of Trade ^d Plantations, by their Report, have applied
themselves with gre^t care, ability, and judgment to sug-
gest remedies, by porting oi|t tfce ^^fects in the late or-
dinance of September, one thousand seven hundred and
sixty-four, and reforming the Constitution of Justice.
We concur with their Lordships in the ohjectioi^ made
to that Ordinance, and upon the several aru^le^ of the
plan laid down in that Report, the following observatiT
ons occur to us, both for the confirmation and im-
provement of them.

€€

1 . The first article proposes a Court of Chancery,

consisting of the Governor and Council, who shall also Chap*
be a Court of Appeals, from whom an appeal will lie ^ J^^
to the King in Council By this article, the Lords of
Trade very rightly mean to invest the Governor and
Council with two different jurisdictions ; the one, as a
Court of Equity, to give relief, originally, in that capa*
city ; the other, as a v^ourt of Errors, to review in the
second instance, the judgments of the Court of Com-
mon Law, mentioned in the next article.

** 2. The second article proposes a superior Court of
ordinary Jurisdiction, uniting all the proper powers in
criminal and civil cases and matters of Revenue. In
this Court, it is recommended, that a Chief Justice
should preside, assisted by three puisne Judges. These
are required to be conversant in the French Language,
and that one of them particularly should be knowing in
the French Usages.

" This proposition appears to us well conceived. And
we submit to your Lordships^ whether it may not be ad-
visable, that they should be instructed to confer some-
times with the Canadian Lawyers, most respected for
learning, integrity, and conduct, who may prove of the
greatest assistance to English Judges. Competent salaries,
for the encourag^oient of worthy and able men, seem
absolutely necessary in this establishment, with a due dis-
tinction between the ^ hief Justice and bis brethren.
The new Judge of Vice Admiralty for America, has ap-
pointments of eight hundred pounds per annum.

** 3. The third article relates to terms for the sitting
of the Superior Court at Quebec, either according to

Chap, the terms appointed at Westminster, or a$ niiy be more
J^ ^ convenient. This matter must be accommodated td
tbe seasons, climate, and tonvenience of the people in?
tfeeir tillage and other generkl employments. Therefore
it seems proper to be left to the future judgment of the
Governor, ^ hief Justice, and principal Servants of the
Crown, entrusted with the government of the Province^
and ought to be fixed by ordinance*

^^ 4. The fourth ^ticte proposes four Sessions of As-
size. Oyer and Terminer and Gaol Delivery at Qudbecy
trith like special Commissions once or oftener in the
year, at Trois Rivieres and Montreal. We submit to
your Lordships, that it may be unnecessary to lay down-
any particular rules for holdsftg four Sessions, in the
imanner mentioned at Qti^bec ; because all civil and
criminal causes, arising in that district, may be tried at
bar in term time, or (as the legal expression is} in bank,
by order of the Judges, or under the general powers of
the Supreme Court. As to the Circuit Courts to be held
once or perhaps twice in the year (whic& seems better}
at Trois Rivieres and MontreaJ, we think that it may be
proper to require, that the Judges shall continue in each
of those places, at the least, for a certain number of
days, to give time and opportunity for the resort of par*
ties, and the convenient dkpatch of business, in like
manner as was done by Henry the Eighth, iir establish-
ing the Courts of Great Sessions for Wales, and by Par-
liament in His late Majesty's reign, when the Circuit
Courts were settled for Scotland.

*^ 5. The fifth article recommends the distribution of
the Province into three Counties or Districts, of which
Quebec, Montreal, and Three Rivers shall be tiie three

Capital Towns, and that an annual Sheriff shall be na* Chap.
med, for each. We are humbly of opinion that this ^ ^
distribution of the Province is more natural and conve*
nient than the plan lately followed by the Governor and
Council, and it will be more agreeable to the people,
as it is conformable to their ancient division of the Coun-
try. But, considering the difficulty of procuring £n-
lish and Protestant Sheriffs, e^)ecially at Trois Rivieres,
(where at present only two persons, who are half-pay
officers, reside, thus qualified,) it may deserve considera-
tion, whether such Sheriff should not serve longer than
one year, till such time as the gradual increase of Inha-
bitants may £icilitate an annual rotation ; or whether
the annual Sheriff of Quebec may not also serve that
office for Trois Rivieres. This will oblige him to ap-
pomt two Deputies or Under-^Sheriffs, that is, one for
each District ; and if this ihethckl be taken, the Sheriff
may be made an annual officer, because Quebec can
afford a sufficient number of proper persons to supply
the rotation ; and Montreal (it is agreed) can do the Uke.
^* 6. The sixth article proposes to give the Justices of
Peace,inthe three several district8,at their general Quar-^
ter Sessions power to determine finally all causes not,
exceeding the value of ten pounds, (the title to lands not
being in question), with a Jury where it exceeds five
pounds ; and without one, where it hlls under that sum.
It gives also to two Justices in Petty Sessions, similar au-
thority, in similar oises, where the value of the matter
in dispute is not more than forty shillings. The latter
authority appears to us well proposed ; but we submit^ .
whether it may not be better to reserve the jurisdictioa
in matters exceeding that value as far as ten pounds tt

Chap* be determined in Quebec, by proceeding in nittire of
^* die Civil Bill in Ireland, before the Judges of the Supe-
rior Court, or by proceeding in nature of the Summa-
Tf Bench* Actions at Barbadoes ; and in like manner,
in the Circuit Courts at Trois Rivieres and Montreal
twice in the year. The value of ten pounds is conside-
rable in such a Colony ; and the reputation of the
Justices of the Peace, is as yet, scarce enough establish-
ed for such a jurisdiction. Under this article we beg
leave to suggest, that in the Commission of the Peace
for each district, it may be useful and popular, and en-
dear His Majesty's government to his new subjects, if
one or two Canadians should be appointed Justices, with
^he others who are British, particularly if Protestants
can be found fit for that office.

^^ 7* The seventh and last mentioned in the Report
of the L.ords of Trade, on which we shall observe, is
that article, wherein they propose, that in all cases where
rights or claims are founded on events prk)r to the con-
quest joi Canada, the several Courts shall be governed
in their proceedings by the French usages and customs,
which have heretofore prevailed in respect to such pro-
perty.

^^ This proposition is undoubtedly right as far as it
goes, in respect of cases which happened antecedent to -
the conquest ; but we beg leave to take occasion fir<mi
hence, to enlax^e a little on this subject of the rule of
judgment to be observed in the Courts of Quebec, as
it is of the greatest moment to the honor and justice of
the Crown, and to the peace and prosperity of the Pro-
vince-

•* TaER£ is not a maziTn of the Common Law jnore Chap.
certain, than that a conquered people retain their amci * '*
eAt customs till the conqueror shall declare new laws^
To change at once the laws and manners of a settled
cotmiry must be attended with hardship and violehce ;:
and dierefore wise conqueroris^ having provided for the
security of their dominion, proceed gently, and indulge
their conquered subjects in all local customs, which are
in their own nature tndifferent,^ and which have'been re«
ceived as rules of property, or have obtained the force of
laws. It is the more material, that this policy be pursued
in Canada, because it is a great and ancient Colony, long
settled, »id much cultivated by French subjects, who
now inhabit it*to the number of eighty or one hundred
tbMsaind. Therefore we are humbly of opinion, that
the Judg^ to be employed by His Majesty in this Pro*
vkice,^ wUl answer all the ends of their trust, both as to
the King and the People, if thdr conduct in Judicaturef
be modelled by the- following general rules :

1. First, in all personal actions grounded upondebtSy
-proriMsies, contracts, and agreements, whetheip of a mer-
cantile or other nature, and upon wrongs proper to be
compensated in damages, to reflect, that the substantial
maadms of La^ and Justice ar^ every where the same.
TW ■ tiiodes of ' proceeding and trial , and perhaps, " in
some degree also^ the strict rules of evidence, may va-
ry ; but the Judges in the Province of Quebec, cannot*
materially err^ cither against the laws of Englaiid, or*
the anci^ euistomB of Canada, if in thosie case^ they
look to those substantial maxims. ' ; \

E 3

Chap. ^ 2* Secondly » in all suits or actions relating to Ti-
I* ties of Land, the descent, alienation, settlements, and
incumbrances of real property, we are humbly of opi-
nion, that it would be oppressive to disturb, without
much and wise deliberation, and the aid of laws here-
after to be enacted to the Province, the local custom s
and usages now prevailing there. To introduce, at one
stroke, the English law of real estates, with English
modes of conveyancing, rules of descent, and construc-
tion of deeds, must occasion infinite confusion and in-
justice. British subjects, who purchase lands there,
may, and ought to conform to the fixed local rules o^
property in Canada, as they do in particular parts of the
realniy or in the other dominions of the Crown. The
English Judges sent from hence, may soon instruct
themselves, by the assistance of Canadian Lawyers and
inteUigent persons, in such rules, and may judge by the
customs of Canada, as your Lordships do in causes from
Jersey, by the custom of Normandy. It seems reason-
able also, that the rules for the distribution of personal
property in cases of Intestacy, and the modes of assign-
ing and conveymg it, should be adhered to for the pre-
sent.

^^ 3. Thirdly, in all suits entertained before the Go-
vernor and Council, as a Court of Chancery or Equity,
it is obvious that the general rules of havr and Justice
must be the same as in the other Courts, according to
the subject»matter of the suit, with this difference only,
that the relief is more complete and specific, and adapt-
ed to supply the defects or allay the rigour of those rules.

** 4. Fourthly, in criminal cases, whether they be

capital offencesudV misdemeanors, it is highly fitting (as Chap.
far as inay be) that the laws of England be adopted , in ^*
the description and quality of the offence itself, in the
manner of proceeding to charge the party, to bail or
detain him, to arraign, try, convict, and condemn him.
The certainty, the lenity of the EngHsh administration
of Justice, and the benefits ^J^^ this constitution, will be
more peculiarly and ess^itially felt by His Majesty's Ca*
nadian subjects in matters of Grown Law, which touch
the life, liberty, and property of the subject, than in the
conformity of his Courts to the English rules, in mat •
ters of tenure, or the succession and alienation of real
and personal estates. This certainty, and this lenity are
the benefits intended by His Majesty^s Ropl Prorlama-
tton, so fiu* as concerns Judicature. These are irrevo*
cably granted, and ought to be secured to his Canadian
subjects, according to his Royal Word. For this pur-
pose, it may not be improper, upon the appointment of
a new Governor, with a new Commission revised and
considered by your Lordships, to direct that Governor
to publisfa an explanatory Proclamation in the Province,
to quiet the minds of the people, as to the true meaning
of the Royal Proclamation of October, one thousand
seven hundred and sixty-three, in respect to their local
customs and usages, more especially in titles to land and
cases of real property.

** 5. Fifthly, in rules of process and the practice of
the Courts, we beg leave to suggest, that it may be ex-
pedient to order the new Ctuef Justice, with the assist-
ance of the other Judges to be appointed, and the At-
torney General of Quebec, to consider and prepare a
suitable plan, adapted to the jurisdiction of the different

Chap. Courts, and the convenience of the suitors. The forms
L of proceeding ought to b^ simple, easy, and as summary
and expeditious, as may consist with the advancement
of right and the protection of innocence. Useful hints
nuiy be taken, not only from the Supreme Courts at
Westminster, but from the practice of the Courts in
Wales, and from many of the Colonies. Some time
will be necessary, before such a plan can be framed, and
experience alone can perfect it. As soon as they shall
hare prepared it, the Governor and Council may enact
it by Ordinance, and transmit the same in the accustom-
ed manner^ to be laid before His Majesty for his Royal
Approbation.*

The Province had been without a Catholic Bishop
from the year one thousand seven hundred and sixty,
to the year one thousand seven hundred and sixty-six,
when Mr. Briand was permitted to return to it as super-
intendant of that Church. He had only a verbal per-
mission, without any Commission from the King for
that purpose. On producing the Pope's Bull, he took
the oath of allegiance. On his arrival in the Province,
his friends received him with the ceremony and respect
that had been usually paid to his predecessors in that
office ; but he declined these compliments, and made
answer, ^^ That he did not come to the country to be a
Bishop, upon the same high footing as his predecessors
in the time of the French government, and was not
therefore entitled, and did not desire, to be treated with
the same ceremony and respect as had been used to-

* (Signed) C. YORKE, Attorney General

Wm. D£ GR£r» Sobcitor Geacral.
.14th April, 1766.

trards them, but that he was a mere ordalner of new Chap.
Priests." * In pursuance of this bumble plan, he wore ^ ^
for the first month or two, after his arrival at Quebec,
id June one thousand seven hundred and sixty-six, on*
ly, a common black gown, like the other Roman Catho-
lic Priests ; a short time after, however, he put on
the purple robe, with a golden cross at his breast, which
are the usual ensigns of the EjMSCopal dignity among the
Roman Catholics.

The measure that had been adopted by the Lieute-
nant Governor, of calling together only a part of the
Coundl, occasioned a remonstrance, from a cert^
number d the members, by which they stated, that the
practice, if followed, might be prdductive of bad conse-
quences : that they remonstrated against an opinion that
the mandamus' from England suspended the app<»nt«
ments to the Council by Governor Murray, as they con-
caved his Commission and Instructions authorised him
to constitute a Council, and to make ch<Hce of such per-
sons as he' thought fit, if not disapproved by His Majes-
ty. That as great difficulties had existed on the pew
establidiment for the Province, that therefore they were
entitled to particular regard. That they did not dispute
His Majesty's right to increase the number of his Coun-
cil, yet that they conceived themselves entitled to pre-
cedence and to a seat in Council, which had been de-
parted frbm, since Governor Murray's departure. That
if by the Constitution or Customs of the Colonies,
the number of the Council was restricted. Mandamus's
were in that case, to be regarded only as an order for
the admission of the persons named, provided there was

^ Ua limplt fiiflcur de Pr^trct.

Chap* a vacancy. And that if the deference which they fett
I for every manifestation of the will of the Sovereign had
prevented them from objecting to any person possessed
of a Mandamus from being sworn into the Council^ they
conceived, that if the Council should be restricted, the
CounseU(»r last admitted should be oHisidered as the su-
pernumerary. The Governor in answer to the remon-
strance, stated his ojunion. That in all cases which
required the consent of Council, he should call together
such Council as he thought best qualified to give infor-
mation. That he should take the opinion and advice of
other perscms, though not of the Council, men of soise,
truth, candor and impartial justice; persons that preferred
their duty to thdr King, and the tranquility of his sub-
jects, to unjustifiable attachments, party zeal, and to all
selfish and mercenary views. That when advice had been
obtained, he should act as seemed most expedient for
ISs Majesty's service, and the good of the Province.
That I£s Majesty's Council consisted of twelve mem*
bers, and that those appointed by the King had the pre*
ference, and after them those appointed by Governor
Murray* That Mr. Stuart, by virtue of the King's ap*
pointment, had precedence of them all, and that His
Majesty's service required tranquility and peace, and
that it was the indispensable duty of every good subject,
and of every honest man, to promote so desirable an end.*
The Coimcil were then classed : those of the King's ap«^
pointment first, and then Governor Murray's, viz.

William Hey, Chief Justice,
Charles Stuart, Superintendant General,

• 2Sch IfofcfDber, 17SS.-*CMQ€a BnIu.

H. T. Cramah^, Thomas Dunn, Chap.

John Goldfrap, Fran9ois Mounier, !•

Xhomas Mills, Benjamin Price, ^

Samuel Holland, James Cuthbert.

Walter Murray,

After which the Governor stated to the Council, that he
ipegretted he had been obliged to remove Lieutenant Co-
lonel Irving and Mr. Mabane from being C ouncillors,
ami tbatpbgpwould sitate his reasons to His Majesty.

To show how inconsiderable the duties on Wine and
Spirituous liquors were, collected at the Port of Que-
bec, the whole duties for the three preceding years,
pnly amounted to two thousand three hundred and
twenty-seven poimds Halifax Currency.

Thjb line forty-five, north latitude, being established as 1768.
the boundary between the Province of Canada and New
York, by Commissioners appointed by the respective Go-
vernors, Lord Hillsborough, then Secretary of State, by
letter of the twenty-fifth of February, one thousand seven
bu&dred and sixty-eight, signified to the Governor of New
York, that the King would not allow ancient grants of
Canada good for lands, which were never acknowledged
tp belong of right to the Crown of France, but the in-
habitants were not to be disturbed on tracts then settled,
taking out Patents under New York, on actual condi-
tions of Quit rent and improvements. This order was
read in the Council at Quebec, and entered in the Coun-
cil Books the year after.

As it was considered expedient to have a Coadjutor,

Chap* to succeed in the event of Mr, Briand's death, then Su-
perintendant of the Catholic ^ hurch, a recommendati-
on was sent to England by the Council, in fovor of Mr.
D'Eglis,

Governor Carleton who had been only Lieute-
nant Governor of the Province, was appointed on the
twelfth of April, one thousand seven hundred and six-
ty-eight, Governor in Chief and took the oaths in Oc-
tober following,*

His Majesty, anxious to have a regular system of ju-
dicature established, directed the Governor and Coun-
cil to take the subject into consideration, and report up-
on it. They, in obedience to the King's order, the twen-
ty-eighth of August, one thousand seven hundred and
sixty-seven, considered the reference made to them, t
No plan, however, was finally adopted.

* Council Book B.

f Abstract •/* the Report,

1. Whether any and what defects are now subsisting in the present state of
Judicature in Quebec.

2. Whether the Canadians are or think themselves aggrieved, according to
the present administration of Justice therein; and in what respects, together
with our opinion of any alterations or amendments that we can propose for the
general benefit of the Province, and that they be transmitted in form of Ordi-
nances but not passed, by the Governor, Chief Justice, and Attorney General.
If they differ, different opinions, with reasons for such differences.

They then represented — ^That the laws of England were generally thought to
be in force.

The commission pf the Chief Justice refers to them. He was to decide ac-
cording to the Laws and Customs of England. And the Laws, Ordinances, Roles
and Regulations of Your Majesty's Province of Quebec, hereafter in that be-
half to as ordained and made. That the Ordinance of the seventeenth of Septem-
ber, one thousand seven hundred and sixty-four set forth and erected, a Superior
Court or King's Bench, an Inferior Court of Common Pleas, to decide in all
causes above £\0, Appeal to King's Bench in til above £$0, Judges of this

The City of Montreal suflFered this year by fire. On Chap.
the eleventh April, about ten o'clock in the evening, !•
a dreadful fire broke out at the house of one Tison,
near the St. Lawrence's Gate, which continued until

Court are to determine according to Equity, regarding lav* of England and
ordinances of the Province, under £5 before a single Justice^ above £5 and un«
der i^lO, before a single Justice or others, at Weekly or Quarter Sessions.

Then the Report sets forth the Ordinance of the sixth of November, one
thousand seven hundred and sixty-four. On which it is observed : That all the
Lands in the Province whose owners died since the tenth of August, one thou*
land seren hundred and sixty-five, are subject to English law of Inheritance,
Custom of Dower, Rules of Forfeitures, Escheat.

These ordinances have been transmitted and never disallowed. Canadian laws
since supposed to be abolished, and Judges conceive themselves bound to pro-
ceed accordiqg to the English laws.

Besides, there are public instruments in support of the supposition : Sts^tute of
1 Eliiabeth, Chap. 1 . abolishing authority of the Bishop of Rome, vide fol. 16,
17, 24, 27. This clearly extends to after acquisitions of the Crown.
Sutnte IS Car, 2, Chap, 7, foL 7.
Statutes 7 and 8 William 3. Chap. 22,

We suppose other Acts of Trade less positive in terms, extend also. Hence
the Govemor*s Commission directs him to take the oath prescribed for Plantation
Governors relating to Trade. And the Commissioners of the Customs have ap-
pobted a Collector at Quebec to carry them into execution. They also under-
stand Sututeof 12 Anne, Statute 2, Chap. 10, for preserving Ships ftranded,
and the 4th Geo. 1 , Chap. 1 2, making it perpetual. The Attorney and Solicitor
General in June, one thousand seven hundred and sixty-seven, gave an opmion to
the Board of Trade, that it extends to the Planutions, and this opinion is trans-
mitted to the Governor of Quebec.

These before the Conquest of Quebec; there are other Statutes passed since as
4 Geo. 111. Chap. 11. continuing that part of 8th Geo. 1, concerning
xmportatioo of naval stores. A copy of this is sent to the Collector of Quebec.
4 Geo. 111. Chap. 19, an Aa for importing Salt, &c.
4 Geot 111. Chap. 15, for granting duties.

Besides these Sututes there is a series of public instruments lor introducing
Laws of England.

The Articles of Capitulation in one thousand seven hundred and sixty . vide
Articles 42, 27, SO.

The Treaty of Peace of tenth of February, one thousand seven hundred and
sxty-three. Article four. That Canadians are to have Romish Religion as far as.
Uwt of England permits.

F 2

dii AP. 6ve o*cl6ck tiife n*it morning, and consumed from eigh*
!• ty to one hundred houses j fortunately no person, was
dther killed or wounded.

The Proclamation of October, one thousand seven hundred and sixty-three.
Upon which they observe :— The British Snbjects in the Colony understand En-
glish Laws to be tho'eby introduced, and not the municipal laws of a conquered
people continued. That they emig:rated on this confidence.

The late Governor so understood it, who by the Ordinance of September, one
thousand seven hundred and sixty-four did not mean to overturn all the Canada
laws, but to erect Courts for exercised English law supposed to be ah-eady in-
troduced.

The Lords of Trade understood it so, for in the seventh and hst articles of
their Report of second September, one thousand seven hundred and sixty-five,
ujfton Memorials complaining of the Ok^inances of the Governor and Council,
proposes :— That in all cases where Rights or Claims are founded on events prior
to the Conquest of Canada, the several Courts should be governed in their pVo«
ceedings by the French usages and customs, which have heretofore prevailed io
respect to such property.

It is clear then, that if upon events pMterior to that Conquest, then the Courts
are to be governed by English laws.

We know that the Attorney aind Solicitor General, in April, one thousand se-
ven hundred and sixty-six, understood the Proclamation in a more confined sense,
sis ihtroductive of only some fewer parts of the law of England, particularly
beneficial to English Subjects, and not of the whole body of the laws. Thif
l^ey took to be the purport of the word in the Proclamation, the enjoyment of the
benefit of the Laws of England, and they were of opinion that the Criminal
liaws, now almost the only Laws tliat came under that description, and that the
Laws of Descent, Alienations, Settlements, Incumbrances and distribution were
not comprehended under it. Your Majesty must determine, Bracton Biysieujue est
condere ejus est enterpretare. We lay public instruments before you to judge

upon.

The next evidence of introduction of English Laws is : General Murray*s
Commission in one thousand seven hundred and sixty -four, to be Vice-Admiral,
By this the Laws of the English Court oi Admiralty take place of French
Laws and Customs. — ^This Commission as Governor, and the Instructions in the
same year.

Not the least intimation of any saving of any part of the Laws of England.
It seems as if the Capitulation and Treaty of Peace was deemed to be notice
enough of introducing English Laws with respect to Religion : especially as they
continued in the Country, and took the oaths, when they had eighteen ^dnths to
withdraw.

Those are the public instruments lor evidences of introduction of English

45^

The conduct of the Justices- of the Peace at Mon- Ghap,
treal, became so objectionable, that complaints were !•
made to the Governor and to the Council, respecting
the irregularities in the method of issuing process.
On consideration of the subject by the v, ouncil, the

Law, but as the Proclamation and Governor Murray's Commission have never
been published in French, and the two Ordinances of February and Marcit, one
tbonsaod seven hundred and sixty-four, whidrhave been, are very concise and
do not specify the laws introduced, the greater part of the people remain igoo*
raat of the extent of the changes, and imagine ancient laws m many points stIU
an force. When they come to know the change, there will be great uneasiness*
Hence at present there is a diversity in the practices of the English and Cana«
dian subjects, with respect to letters of administration and the distribution of
intestates effects. Also in the practices of conveying and mortgaging British
subjects according to English mode. French by Notaries and Scriveners accord-
ing to French modes, and so the same lands are conveyed by both modes.
Leases by Jesuits are made for twenty-one years though by French law good
only for nine years, and sundry other instances of diversity are assigned.

In criminal matters all proceeding according to the English law.

The same as to proceedings in the civil business of the King's Bench.

In the Common Pleas the pleadings are drawn as the parties please, some m
French and some in English.

Gar arresting body for debt on the mesne process, surprizes the French.

Here follow remarks on the foregoing instruments :

1, They submit it as a doubt whether the Ordinances of September and No>
vember» one thousand seven hundred and siity-f6ur, are sufficient to introduce
such laws as were not established by the Proclamation of 1 763.

By the King's Commission to the Governor, a certain degree of Legislative
audiority is communicated to him to be exercised with advice of Council and As-
sembly and no Legislative Authority without the Assembly, and therefore the
Ordinances are considered to be void. If so they are good only as to the erec-
tion of Courts.

Tme there is a private instruction with advice of Council, to make fresh
roleft, as appear necessary for peace and order, not extending to life, limb or libetf
ty, duties or taxes. But we doubt whether such power can be given except un-
der the Great Seal read and notffied, and therefore we think the instruction
void as to the conveying a Legislative authority.

If it is not void, the authority is too small for the introduction of Englisl^
laws, particularly the Criminal, (which all affect life, limb, or liberty) and the
aircitof the body, commitments for contempts. But these reasons do not touch
the higher Instrument for the introduction of English laws, viz. the Articles
of Capitulation, the Treaty, and the Proclamation of one thbusand seven hun-
dred and sixty-three.

Chap. Clerk of the Board was ordered to prepare a letter t<j
*• the Justices upon the subject matter of those complaints.
1769 ^^ letter was approved by the ^ ouncil,* and copies
were sent to the Bench of Justices of the Quarter Ses-
sions of that District.

* 1 2th July, 1799, Coancil Book B.

iQcoQveoiencies from the present state of the Laws and administration of Jus-
tice. Their uncertainty is the greatest : either Engb'sh or French should be a-
▼owed. A remedy is necessary. There are inconveniencies in the state of Ju-
dicature. Proceedings expensive, tedious, and more severe than under the
French. These evinced and explained* A plan held up. A Judicature propo-
aed for each district of Quebec, Montreal and Three Rivers. One Judge in each,
a Barrister of five years standing, and a French Assistant, the latter to have no
deciding power. A Court to be held once a week. The method of proceeding
to be this :

1. A Plaint in French or English. A Summons, if good cause found. If de-
fendant does not appear, a compensation to Plaintiff for his trouble. Another
Sammons. On default. Judgment. If he appears. Plea m writing. Then the
Judge to interrogate parties on disputed facts, and answers to be reduced to wri-
ting. Then he is to state the facts in difference, and ask whether they will have a
Jury. If they do, a Jury to be summoned next Court. He that desires a Jury,
to pay their expences, 5s. sterling, each. They are to be appointed as Special
Juries in England, by striking out twelve, each. No challenges to be allowed.
A majority to carry a verdict. The verdict is to be a special one. All exami-
nations viva vote. Execution to run against goods and lands, An inventory of
Defendant's Esute may be required upon his oath, if there is not enough found
to satisfy the judgment. Penalty of Perjury-, if twenty pounds, omitted. Costs
according to Judge's discretion.

A Sheriff to be for each District. A King's Attorney in each. Appeals to
Governor and Council, and thence to the King.

The three Chief Judges and Attomies General to be of the Council, that the
Board may not want law knowledge.

These Appeals should be only in the nature of Writs of Error, except in the
instance of a Judges proceeding without a Jury, when the evidence should be
be reduced to writing, as in a General Court Martial.

New Trials at law to be by a double Jury, and be final. These the outlines
of the plan.

It remains to consider the first and greatest inconveniencies arising from the
uncertainty of the law. — Four methods occur :

1. A Code of Laws for this Province, that shall contain all the laws by which
it is to be governed for the time to come, to the entire exclusion or abolition of

Gentlemen — ^In obedience to an Order in Council Chap.
bearing date the tenth instant, I transmit to you the sen- ^ _
dnjients of Government, upon some points relative to
the execution of your authority as Justices of the Peace,

every part of the Laws of England and French Laws that sh^ll not be set dowa
in the Code itself.

II. To revive all the French laws to the exclusion of the English laws, except
the Statutes above mentioned, and a few eminently favorable to the liberty of
the lubject, and to introduce those by a particular Ordinance or Proclamation
^blished in the Province, as to take away torture, the punishment of the rack.
Introduce the habeas corpus.

III. A third methods-Making Law of England the general law with an ex-
ception of particular Subjects, to permit former Customs at the time of the
Conquest, or,

IV. The Law of England to be the general Law, with an exception in favor
of the former Customs, and with respect to these, to enumerate them, and abo-
lish all not enumerated in the Proclamation.

As to the first, it would be troublesome. Canadians would think it rash and
dangerous. A Speech is put into their mouths, and the compilers supposed to be
incapable to answer it, from the immense difficulty of the undertaking. «Some
of the old to be rejected, other parts retained. There will be omissions, imper-
fections, and obscurities. An intimate and long experience necessary to make the
choice. There is a strong connection between the parts, and dangerous to break
it. If the whole it left, no Code is wanting. The greatest Lawyer in Paris
not equal to th^work. An Englishman would not know where to look for it*
On the other hand, the advantages will be these : The Judges would have a
short rule, not be misled by French Lawyers in citing and misapplying, &c.
The English Subjects would know the law easily. It would deface the idea
of Fr^ch law, and the attachment to a French Government. Imperfections
might be removed as experience brought them to light. It would be sufficient-
ly exact at the beginning for all common cases. As to the second method, the
inconveniencies would be these :

1. Keep up a respect for the French Laws and Government*

2. Disgust the English, who think they have right to the English Laws.

1. Imagining the Conquest rendered the French Laws void, though in
this the Law is otherwise.

2. That they were really introduced by the Proclamation of one thou-
sand seven hundred and sixty-three. The lid method has these incon-
veniencies :

1. Maintain a reverence for the laws of Paris, though less than the other me*
thods.
S. The Canadians will make the following objectioas :

Chap, in which it appears to them, from fects too notorious
I- to be disputed, that his Majesty's subjects in general,
but more particularly his Canadian subjects, are daily
injured and abused to a degree they are no longer able
to support, nor public justice endure.

They hope and believe, that the practice upon which
the complaints made to them are grounded, is not com-
mon to that part of the C ommission which is exercised
within your District, but as the conduct of every indi-
vidual does in some degree eflfect the honor of the com-
mission itself, and as general reformations can only take
place under general resolutions, they have thought it
proper, that their sentiments upon this head, should be
communicated to the body at large, rather than to those
Magistrates only, whose conduct has given occasion to
those complaints, not intending at this time to do more
than mark their high disapprobation of the practice itself,
and recommend a method of proceeding, which appears
to them as well calculated to answer the ends of justice,

1. That the whole of the French law should have been maintained to
preserve the chain of connexion and avoid dangers.

2. The English laws ought to be particularly enumerated, and published
in French at full length. But a few Canadians will make these ob-
jections.

As to the IVth method, it would wear out the very remembrances of the
French Laws, Edicts, Government, &c. and have many advantages beyond the
other method. But it would be troublesome to the Ministers, to form the code.

It would be liable to many imperfections, from the inaccurate manner of set-
ting forth the French Laws and Customs, and to the two last objections made
to the third method, viz. a part of their French law would give but an imper^
feet satisfaction, and they would complain of the not setting forth the English
law introduced at large.

Conclusion. — That they cannot draw a balance in favor of any one of these
methods in preference of the other, nor find a new one preferable to them all,
being unequal to the task. We have no other merit than that of giving some
information of facu. Ifour Majesty is best able to decide.

and less liable to those objections to which the other is so Chap*
manifestly exposed, and the consequences of which have ^ ^
been so severely felt.

Thet expect^ however, an immediate attention to
the subject matter of this letter, and that (if possible)
before the Court of Quarter Sessions breaks up, you
will make and publish, in the most open manner, such
regulations as may meet the grievances complained of,
which at present prevail to the obstruction, if not per-
version of public justice, the oppression of the poor
Suitor, and the dishonor of the Commission itself.

The first thing I have in charge to observe to you
upon the subject of those complaints, is the practice of
dispersing in the several Parishes, papers signed only
with the name of the Justice, and left to be filled up
either in the form of a Summons, a Capias, a Judg-
ment or an Execution, as the person to whose hands it
is entrusted, and who has not been by all the informa-
tion that has been yet received, even a ministerial offi-
cer of Justice, may think proper to make use of them ;
a practice so illegal in itself, so horribly mischievous in
its consequences, and so disrespectable to the Magis-
trate who gives it countenance, that the Governor and
Council would not believe its existence if the proofs of
it were not of a nature that e;ccluded all possibility of
doubt or misreport.

Thet expect, therefore, that all such papers shall
be immediately called in, and the practice for the future
wholly discontinued.

Ckav» But be»des this most enormous and irregular present
method of summoning parties to appear before a Magis-
trate, many times at a great distance from the place of
their residence upon trifling occasions, and for small
debts ; and it appears (o the Governor and Council that
the present form of the summons, even those vhich
issue in the most regular anci least exceptionable man-
n^, together with the method of conveying them, is in-
convenienty if not oppressive in these three instances :

1* As they are very expensive by goiog through the
hands df the Rrovost Marshal, whose Bailiffs charge
their travelling expences at a rate which frequently ex-
ceeds in a great proportion the value of the thing in
litigation.

2. As the time for the party's appearance \inAet them
Is so short as many times to subject him to a Judgment
by default, without giving him an opportunity to make
his defence.

3. As they ar^ eom)>uld6fy for his appeirance, with-
out leaving it m his t^ption^ by playing the debt, to
avoid the trouble and expense t>f ^n ^ttendoiice before
the Mdgist^ce ; to the first of th«M they uppteh^nd Ml
effectual, and perhaps the only rettiedy will be found in
making the pet^on who applies fiM* ch^ summons the
bearer of it, (if he chooses to take the charge of it, if
not, that it be served by the Bailiff ot the Parish^ CO
whom it shall be transmitted at the expense of the par-
ty applyihg, for which tihe Bailiff thill receive one ^1-
Bng, only, and no travelling ch^ges allowed,) and by
admitting his evidence upon oath, or th^ of a ne%h«
bour whom he may take with him as proof of the service^

And they conceive that no inconvenience wilt fblfow Chap*
from this, if it is confined to a summons fbr a smidl ^\
debt, and not extended to process of a criminal nature,
or such whereon bail may be demanded, much less to a
jfudgment or an Execution ; those ought without doubt
to be executed by the Provost Marshal, or by persons
employed by him, for whose conduct he is answerable,
but in cases wliere the matter in que$tlon does not
amount to more than forty or fifty or perhaps an hun*
dred livres, it is loading the process with a weight it
cannot support, to serve it at ^uch an exp^^e a$ the
bare travelling charges of a Bailiff wiU of necessity

amount to.

To the second which introduce^ an obvious mischief,
it ;nay be difficult, perhaps, to prescribe any general
rule, the time for appearance must necessarily vary in
proportion to the distance, roads, and other circum*
stances, which cannot be reduced to any certainty, but
must be left to the discretion of the Magistrate, regu-
lated by those circumstances, it is hardly necessary to
observe, that it i^ a first principle that no man shall be
condemned without being heard^ and that a summons
which cannot be complied with, is no summons at all.

^ITH regard to the third inconvenience which aris^
cither from the ignorance of the party,- ox the imposi-
tion of the Bailiff, they recommend to the Justices to
make their $ummQns with an optipna] clause, either to
pay the debt or do the thing demanded, or in failure gf
that, to appear and shew cause why they should not,
for though in truth it is not in itself discretionary, and

G 2

CHAFi» no maa is or ought to be obliged to appear before a Ma*
*• ^ gistrate, if he is contented to do that, the refusal of
which only was the cause of his being summoned, yet
the Canadians are very ignorant and do not know that,
and it is to be feared, indeed it has been in proof that the
BailiBfs to increase the expense, frequently oblige the
parties to appear, though they are willing to satisfy the
demand, and anticipate all that could be obtained from
a hearing before a Magistrate*

'1*K£S£ are the principal matters which I am directed
to lay before the gentlemen in the Commission for the
District of Montreal, but I am commanded not to con*
elude, without recommending it to them in general to
facilitate the course of Justice by alleviating the expence
of it, and more particularly in that instance, if in truth
it prevails, which subjects the suitor to a demand of Ax
livres, or any other sum for the use of the Magistrates
room*

Tub Committee of Council appointed by the Go-
vemor, to take into consideration the state of the admi-
nistration of Justice, under the Justices of Peace,
agreed on the following Report ;*

In obedience to an Order of Council, Rearing date
the eighteenth day of August last, we have taken into
our consideration the several matters therem referred,
in consequence of which, we beg leave to represent to
your Excellency and the Council, that the several au-
thorities and powers of the Justices of the Peace, in
matters of property, as contained in the Ordinance of

• Report of tht Conmuttet, dated 99th August and 11th September, 1769.

September one thousand seven hundred and sixty-four, Chap.
appear to us to have been very inju^licious in their origi- '*
nal institution, and in the exercise of them more partis
cularly within the District of Montreal, exceedingly
grievous and oppressive to the subject ; it is well known,
that in England, where the Justices of the Peace are,
Cor the most part men of large fortune, who have a
considerable interest in common with the people over
whom their authority is exercised, no such power is in-
trusted to them either by the Commission itself, or any
of the various Acts of Parliament which relate to their
office, and though the ill advised construction of the
great Courts established here for the determination of
property, in the year one thousand seven hundred and
sixty-four, confined originally in their Session to two
terms in the year, and only now enlarged to three, might
have made it necessary to create smaller Jurisdictions, in
order to conform in some measure to the ancient prac-
tice of the Colony, and to give a freer and quicker cir-
culation to the course of justice ; yet we apprehend that
even under these circumstances, the authority given to
the Justices, had been both too largely and too confi-
dently entrusted, and requires to be retrenched, if not
wholly taken away in almost every instance.

But that is not all, what is still more unfortunate,
we find even those powers large as they are, to have
been in some instances extended, and a Jurisdiction
usurped to die great prejudice of the parties whose pro-
perty has been the subject of it, without any right (as
we conceive) to interpose in such matters as derived from
the Ordinance, or any other authority that has as yet
come to o\ir knowledge, for by the ill penmng of that

Chap. Ordinafice, and for want of a clause whieh should hate
I- expressly fwbid them to intermeddle m those matters,
the Justices of Montreal have to our knowledge in one
instance, and probably m many others which have pass-
ed without notice, assumed to themselves powers of a
nature not fit to be exercised by any summary Jurisdic-
tion whatsoever, in consequence of which titles to land
had been determined, and possession disturbed in a way
unknown to the laws of England, and inconsistent with
the solemnity and deliberation which is due to matters
of so high and important a nature, and we are not wirii.
out information that even in cases wh«re personal pro-
perty only has been in dispute, one Magistrate in par-
ticular, under pretence that it was the desire and re.-
quest of both the contracting parties, has, by himself,
exercised a jurisdiction considerably beyond wliat the
Ordinance has allowed even to three Justices in full
Court at their Quarter Sessions-

From an omission of a similar nature, and for want
of ascertaining the manner in which their judgments
were to be enforced, we find the Magistrate to have as-
sumed another very high and dangerous authority, in
the exercise of which the gaols are constantly filled with
numbers of unhappy objects, and whole families redu-
ced to beggary and ruin ; it being a common practice,
and the usual method of their process, to take lands in
execution, and order them to be sold for the pftyment
of ever so small a debt, or in case there are no lainfe to
satisfy the debt, to commit the party to prison, the sid
consequences whereof, and the wretched servitade to
which a people are reduced whose perscH^ and proper^
ty are thus exposed, we believe we need not enlai;ge up*
on farther than to observe, that the rapid sale of ea-

tates under judgitieius out of the Commoa Pleas, or Chap,
even the Supreme Court itself, seems to be within the
same mischief, and to require some effectual though
periiaps a different remedy.

Ig any thing could yet be wanting to complete the mi-
sery of such a people, it would be the consideration
tbat these powers, originally calculated for the care of
the suitor, and to faclitate the course of Justice, should
become the very instruments of his oppression and ruin,
and iastead of affording a cheap and expeditious reme •
dy ior the recovery of small debts, should either direct
or conxdve at such a complicated and expensive mode of
process, as (if we may collect for one instance, where
the expence of «uing for a debt of eleven livres amount-
ed to ^hty-fdur) must either deter the creditor £rom
pursuing a just though small debt, or ruin himself or
his adversary, and perhaps both in the pursuit of. it,
whkh will probably always be the case, where the of-
fice of a Justice of the Peace is considered as a lucrative
ooe, and must infallibly be so where it is his principal
if not his only dependence.

Ik justice, however, to the Magistrates of this district,
we ought to declare, that these observations are not de-
signed to extend to them.

Fon these and wiany other reasons which we are ten-
dfer df ^Ittrgiiig upon, we <30(nceive it to be high time
to dkangei^H^ une^uai^ wasteful, and oppressive mode of
adnmi^terifig Jti^ioe, and to substitute some other in its
i^Me, iliof e^i9l^c)rm«ble to tihe system which formerly
I^flA^1i^»*e, and le^lfiJdleto dae objet^ions which

Chap, so manifestly accompany this^ both in its institution ancf
'• practice.

And for that purpose, we recommend it to your £x«
cellency in the first place, to appoint another Judge for
the Court of Common Pleas at Montreal, and as a com-
pensation for the extraordinary duty which will be re-
quired, that their salaries may be made two hundred
pounds per annum.

And secondly, that an Ordinance should be imnie--
diately prepared, which, after setting forth in a pream-
ble some or all of the grievances here mentioned, an
the good disposition in Government to attend to and re
dress the injuries complained of by the subject, as soo:
as they are made known to them, should abrogate an
annul all that part of the Ordinance of one thousan
seven hundred and sixty four which gives authority t
the Justices of the Peace to determine matters of civi
property in any shape or manner whatsoever, and ex
pressly define their power to be barely such as the Com
mission itself warrants, and the Ordinances of this Pra
vince, (except that of one thousand seven hundred an
sixty-four) has entrusted to them.

It should then, after reciting the reasons, namely, t
prevent a failure of Justice, and to supply a quick an
competent jurisdiction in matters of small value, not a
present cognizable in either of the great Courts, giv
the Court of Common Pleas a jurisdiction which
present it has not, to hold plea in all matters, however
trifling the demand may be, and that both Courts should
mt in Quebec and Montreal once in every week^ (seed

(lar^^st'tkAey'MdaTfbriii^hcatfih^ 6lMP*

ynA eseet>ted) thPou^hoat^JBbeyear. Aittintibr-flll ^ **
-muteiv uader-lhe 'sam^af «tea;you&ds,ioBe iaigt 9Biy
'Wid be present.

- In the latter case Iheir process dumld 'be lay sam«
'inoite, -and'ia all t«ecittiofis ^:^^re ihe d^t and: jcom

'do 'not amorim to ten pouikk, Bdifax c^^
^i3jt^uu-di^SaHsfjaendum to arrtst <«nd denan tbe:i>ody

^dtpuldrttstie, fouta fieri facias sgamst* the (goods cand

- cfaatteb 'ohly^ (imh'an express- <e9ccepdon*toibeast8 ^^f
'the^!ough:)xniles'the party diuses fkat1ttBr!tiad::siioiBdd

' be sold, in^^vhich'case he^hoidd siga-vipon' the backof

- the Process'his consent itid' request iM dtttf ptti3p0|M ; it
-"tn^ht norbe amiss to grrethe Judge a potirer to tevy
^thed^'ttrhetairwas undertenpomidsy byiMtEdlmtots^
"^"fer-it ofteniiappens thata debtor is exceedingty (^9»e&-
^sed to pay, though but a inoderare^um, Mfd^upbatiie

instant of demand, ^^which yet by bis hidustry,-or 4>y
some event near takmg place, but which he dumpt ^aa*
tiripate, he might pay with ease to himself at given times ;
'ttpoor dn aflMavit6fth»aort,^ we think' they imght be

- aHcMr^ to mark upon the writ to beievledby htstalbnen/f^
tumay ihittinpdn snthaSday^ fwenhf^df tuck ioiher^w^

" iheiiemairider at suth vther.

toxrr'ifhese tihies ought to have^scMne -fimitstion^ahd
perhaps ought not to ^exxeed tfiree-mohlhs'for the^ast
payment*

'Iif^ Ae'Jiiiige'has reason to suspeit that the ^party $e.
d^e^his «S;^«s, brl^ disposed tif ^i^M^aftih^the c&m-

Cra». mencement of the suit, in order to avoid their being tl«
^* ken in execution, he should be at liberty to issue pro*
cess against the lands immediately, and for want of them,
to commit to prison till the debt is satisfied : the truth
of which should be examined upon affidavit. In all
bther matters where the debt or demand is above the
value: of ten pounds, they should proceed as usual, ex-
cept that where lands are taken in execution they should
be made subject to the debt or demand immediately from
r the day of the date of the writ, and avoid all subse-
. quent sales and mortgages, or any other disposition
, or incumbrance of them, but not absolutely sold for
. ux, months, after several publications in the Gazette,
and notice affixed to the C hurch door of the parish in
which the lands lie, and other neighbouring parishes,
nor should the sale even then be good, till a report was
made to one of the Judges of the Court, of the quan-
tity, produce and condidon of the said lands, with the
amount of the purchase money, an^ the sale confirm*
.cd by hinu

It is difficult if not imposdUe, exactly to ascertain
the quantum of expence in recovering these small debts,
,but we recommend it to the gentlemen who preside in
these Courts to reduce it as much as possible, and we
have no doubt but they will give a proper attention to a
I matter so interesting to the honor of the Crown and the
convenience and ease of the subject.

The administration of justice in causes of small con-
Siequence, we apprehend will be tolerably well provided
for in. the Towns of Qu^^pc and Montreal upon this
establishment, more especially if there be added (as per-

haps may be necessary^ at leasfe convenient) one officer Chj^p.
of justice in each, who might decide in alt causes to the ^
valile of fifty shillings current money, and enforce his
decision by distress and sale of the defendant's goods^
only.

Thesb officers to be appointed by your Excellency,
by special commission independent of the general com-*
mission of the Peace, (though it would be adviseable for
them to have both) in the nature of the Intendant's sub-
dielegu& ; they may, perhaps, be well appointed by vir-
of the powers given to your Excellency in your com*
mission, but we rather recommend it to be done by an
Ordinance.

And you should be empowered to appoint more of
these officers in different parts of the Province, as the
circumstances and situation of things may require, and
as in your discretion they may appear to be necessary,
whose Jurisdiction might be at least equal to what was
giv^i to a single Magistrate under the Ordinance of Sep-^
tember, one thousand seven hundred and sixty-four.

These are the observations that have occurred to usp
upon this subject : we believe regulations here propo-
sed, will be found to be salutary, and meet the grie-,
vances at present so loudly and so justly complained 6f,
and we accordingly^ recommend them to be immediately
into execution.

Ohb observation, however, has escaped us, which
\re beg l^ve to add with regard ta the assize of breads

I' ' tk«^ tltiM^^S^tmtol^f one thousand: 8«vett baa
^"^""^^^^ ^»AG»fA}i»f iscdIMGt6dto:ter€g^kltctf byrhnse
^k»<^ lii^tJPiiwty ^nd tliougk tfan; Jttmdicrion itil;
be preserved to the Justices, yet we are a]
that they will be indisposed to exercise it, if they should
reseRl t^vcfimmutioh o£: thoraudiority; wfaichfthe ^e-
gdacioaii^i)miiwepix>petaed.icttde8ig]ied!to:ii^^ Hiat
aiithont^.fhen9lblpe^.ve8y:Uiefiil; zodJitottBtryiotht:
Fubiiey shooldi Jxtrteafarted JAj oise of;^^ their ^ncglecl,.
tathctiro Ju^fiBof thfuCominra Pleadiml the Jusdcci
wh» Jia&a commianoa : . in .snaoU matters b^xhe wcty that ^
we haiire .rcoonlmcnded^.'^

177a Governor Carletok, obtained the Royal Per-
ittktiaii.teii.reliini: (0^-. Eagkmdy axld?: was; wccee^d
by- Alb*.. Cnmuth^ras die-oklesi Ckkuibcilloc^ the suq«
cteding yeart Gramahe . was q^pointedlieuteBant Gor
v^mor of' the Ptovince,. Goseenor OurletQa- had:
often expressed a xlesire that the Cttstom of Paw in
abstract, as adapted for Canada^ shoUtd befimned^and;
at hte iiMMceyit was compHed^ by Cugnet,, Juecrau^t.
Pl'essard and other gentlemen, and supervised by Sir
James Mamot^ the th^i; Advocate General of England,
and by Hmrlow and Wed(farbum€ the then Attorney <
and Sofidtor GMeraJs#

1773* I^ the month of ^Oetcdsar^one^hottsandaeveni h^m*.
dred and seventy-three, the British aadofber Pretestaai:^
inhabitants of the then Province of Quebec, having
waited above -ten fears .for the^ aiScompIishmeht of ^the
KSng*^ promiM^Df :%iaiitiif;jtfaeih:a Himseof Assembly

* This loctcr was tilled by Wm. fhj^m ClMtninuo ot the CommittM.

a^scoitiiSithe'sittiatibii'aiid circtmslmiOes-of • the Prc^ Ckap«
vince should admit; contaiaed in the Royal Proclamati* ^*
oo^ wetid of ■ opistton^ thai the situation and circumstan -
ceaof^ttheProyiilct^ did admit the catUng an Assembly,
andbitherBfore-meerings wore held at Quebec^ to prepare
BsddoB^lxithi toHk Majesty's SeFvantain the Province,
andi:td. His Majesty! htmself^ in order; to- obtain . it :
aadtm-.this occalilon^ they :invoke4 the King's nefw sub •
jsctBthe.€dnadiaQ:Oif Fyenoh inhabitants of the Province
ta.jflin;:withtthem!ii|: theii:! consultations on. this subject.
Atiavitadon was ^nt by the Coomiittee xa several Ga*
nadiangcatlemtn of Quebec to join in the r^resenta*-
tionv who-altended the meetings and who promised to
call a meeting of the new subjects for that purpose^
After. ccMvsuItation^howevery with the principal Canadi-
an iiAabitants, they deelmed to join in the representati*
on, bot to present a petition of their own« After this '
reftisaldr the Canadian inhabitants to join with them in
their petitibn for an Assembly, the British and protest*
ant iBhabitants resolved to proceed in thi$ business by
themsekes^ and without the concurrence of the others,
and to apply to His Majesty for the accomplishment of-
the Royal Promise, by establishing a House of Assem-
bly Indte^ Provtiiee. But a& it was thought the Gover-
nor, or in his absence the Lieutenant Governor of
the Province had, by his Commission, a power to
summon an Assembly, they conceived it more regular to
majke an application for this purpose to the then Lieute-
joM Oo¥emor^ and on the third of December of this.
year, xhtj presented to him their petition.* To it

•

•« Tlist whereat hU meet excellent majesty, by hU royal {Srdelaihation, Veiir-
* ing ^ate at St. JameB*s the seventh day of October; one thonsaiiil'sevttr hondr^
.< and aizty-three, (out of his pateftial cafe for ^e'sirctthty^ of the liberty* and

Chap, the Lieutenant Governor returned for an answer on
I* the eleventh of the same month, that the subject of
\t was a matter of too much importance for His Ma-
jesty's Council of the Province to advise, or for him
to determine upon, at a time, that from the best infor-
mation he had received, the affairs of the Province
were likely to become the object of public regulatioa
in England. Upon the receipt of this answer from
the Lieutenant Govenior, the petitioners determined
to prepare another petition to be presented to His Ma-
jesty himself for the same purpose. They accordingly
did prepare such a petition, together with a memorial to
the Earl of Dartmouth, His Majesty's Secretary of State

propeniei of those who then were, or ihould hereafter become, inhabitaatf of
the fburtereral govtmnienu therein mentiaiied) did publish and declare. That
he had, io the letten patent under the great seal of Great Briuin, by which
the said governments were constituted, been graciously pleased to give express
power and direction to lus goTcrodrs, that so soon as the state and ctrcumstan-
cea of those goveroments would admit thereof^ they should with the advice
and consent of the members of his councils, summon and call general assem-
blies within the said governments : And that he had been graciously pleased
to give power to ftfs said govemorty with the consent of hia said councils, and
the representatives of the people, to mak«, constitute, and ordain laws, tu»
tutes, aud ordinances, for the public peace, welfare, and good government
of those provinces, and of the people and inhabitams thereof. And whereat
his most ezeetlent majesty, in punuance of his said royal proclamation, by his
letters patent to his governors, has been graciously pleased to give and grant
unto them full power aud authority, with the advice and consent of his said
councils, under the circnmsfances aibresaid, to call general assemblies of the
freeholders and planters within their respective governments. And also»
whereas your petitioners (who have well considered the present state and con-
dition of the Province) do humbly conceive, that a general assembly of the
people would very much contribute to its peace, welfare, and good gOTem*
meoi, as well as to the improvtmeat of iu agricukBre» and the extension o£
its trade and navigation ; they do therefore most humbly pray your honour
(with the advice and consent of his majesty *s council) to summon and call a
general asiembly of the freeholders and planters within your govermuent, 19
^ch auDoer as you in your discretion shall judge most proper/

for America, t This petition and memorial was sent to Cha?.
England, and it was presented to Lord Dartmouth in ^"

• f That whereas your majesty, by your royal proclamation, Vearin^ 3ate at
"* Saint Jafkie8*s the seventh day of October, one thousand seven hundred aad
/ sixty-three, was most {graciously pleased to publish and declare, *' that out of
'* your majesty's paternal care for the security of the b'berty and properties of
"^ those who dien were, or should thereafter become inhabitants of the fbnr se-
** rtnl governments therein mentioned («f which this your majetty*s Province
^ was denominated one) your majesty had in the letters patent, by which the
'* said governments were constituted, given express power and direction to your
" govemours, that so soon as the state and circumstances of those governments
•« would admit of it, they should, with the advice of your majesty's connal\
*^ mmmon and call general assemblies within the said governments respectively,
** in such manner and form as is used and directed in those colonies and provin-
<* ces in America, which are under your majesty^s immediate govemmenr.
** And also, that your majesty had been graciously pleased to give pofwer to
** your said governors, with the consent of your majesty's said councilf, and
** the representatives of the people so to be summoned as aforesaid, to make,
** constitute, and ordain lawn, statutes, and ordinances, for the public peace,
"* wn^hn and good government «f yoor^ majesty's said .colonies, and of the
** people and inhabitants thereof, as near as might be agreeable to the laws of
** England, and under such regulations and restrictions as are used in other co-
^ kmies.'* ' And whereas it has graciously pleased your majesty, in the letters
( patenu of conunttsion to your captaln*general, and govemoor in chief, and

< in case of his death, or during his absence, in the letters patent of commission

* to your majesty's lieutenant-go vemour of this province, to give and grant un-

* to him full power and authority, with the advice and consent of your majcs-

* ty*» eooncil, so soon as the situation and circumstances of this province would
' admit of it, aiMl when and as often as need should re<|uire, to summon and call

* gdliend assemblies of the freeholders and planters, within this government, in

* fluch manner as he in his discretion should judge most proper. And whereas

< yovr petittonert, whose properties, real and personal, in this province, are be-

* come very considerable, having well considered itn present state and circum^

* stances, and humbly conceiving them to be such as to admit the summoning

* and caUin|; a general assembly of the freeholders and planters ; did, on the

* third day of December hst past, present their humble petition to the honour-

* able Wector Theophilus Cramah^, Esq ; your majesty's lieutenant go vemour,

* and now commander in chief, stating as above, and humbly praying that he
« would be pleased, with the advice and consent of your majesty's council, to
^ summon and call a general assembly of the freeholders and planters within this

* government, in such manner as he, in his discretion, should judge most pro«

* per. And your majesty's said lieutenant-governour, on the eleventh day of

* December lait past, thtr having taken the said petttfon in^o his consideration,

•64

Chap* tbe begiiming of the momh of March, cttieahousaod
y ^ seven humlred »k1 seiiRenty4b«ir. No 'aooswer, how-
ever, was given to the memorial^ but hints were
dropped that His Majesty's Servants were of opini-
on, that the state of the Pronnce was not then quire
ripe for the establishment of an Assembly , and that they
rather inclined for the. present to supply the want.oCone,
by establishing a Legislative GoondUnoitunated't^ the
King, with. sufficient powers to dp the necessary busi-
ness of the Province, till the more natural and consti-
tutional measure of a General Assembly should appear
to them more practicable. In the month of June, an
Act of Parliament was passed m England for the Go-
vernment of the Province of Quebec, by which a Le-
gislative Council of a different constitution was estab-
lished in the Province, and this for an indefinite length
of time.

The plan of a Legislative Council for the govern^
inent of the Province of 52^ebec,proposed^by thetom-

' was pleased to iafonn your petitioners, that thesabject oftbe aaid petition

* was a matter of too much importance for your majesty VcoimciI4iereta advise

* or for him, yoor said Ueotenant-i^ovcmour, to detcnmac upon, at & tune that

* from the heit infbrmatioD, the tfiatrs of this province were likely to hooome

* an object of public regulation ; but that he wmld tnaamift tl^-aMd pMitieo,^

* by the first opportunity, to your majesty^t secretary of stale.

* Your majeity*s petitioners beii^ fully convinced, ,irom their i^eaid^ce m. '
« the Province and their experience in the affiun of jt, that a general assembly
' would very mu^ contribute to encourage and promoteindustry, aii;ricnltti|«, and
« commerce, and (as they hope) to create Wmiaay and good anderrtanding be-

* tw^een your majesty *s new and old subjects ; immc hnably supplicate your mi«

* jesty to take the prenmea into your royalcoostderation, and to <dWct yonr ma-

* jesty 'igovemonr or commander in chief, tacall a general assembly, in snch man*
^ p^,j^d .of such constitution and form, as to your majesty, in your loysd wis.
< dom^ shall mm best adapted to saqice it%p|N|ct» wetfare^aadgoodgovemis^

fcihtee 6f Quebec, was diflferent frofti the Act of Parlia- Chap*
tiient. I The Roman Catholic inhabitants of the Pro- ^*

t 1. To consist of thirty-one meml)er8, all j^otestants, and thirty years oId« l774«
Reasons.— Because if Roman-Catholicks are admitted into the council, there
II no good pretence for not having an assembly, agreeably to the king's procla*
Illation and commissions to general Murray and general Carleton.

The large number thirty-one, is in order to give weight to the proceedings
of the counciL

The age of thirty years is settled for the same reason, as nothing wotitd make
the council more contemptible than filling it with young fellows of tWo or thrte
and twenty.
11. To continue for only seven ^ears.

R^ASOil.— Thisis to keep in view the king's promise of calling an assembly
as soon as the circumstances of the province will admit thereof,
til. Not to have the power of imposing taxes,

RtASON.— -Because this power, though not in itself greater than that of
tnakiog laws fbr the provinte, is thought to be more liable to be abused.
1V« Seventeen members shall be necessary to do business.*
RtAtoN.— -This is to prevent the govemours from passing ordinances in coun-
cils composed of their favorites and dependants.

Vi The members who vote for any ordinance shall set their names to it in the
council-book.
Reasok.-- This is to make tlvem cautious what ordinances they consent to.
VI. A fortnight*^ notice to be given in the Quebeck Gazette before etery
ineeting of the council for legislative purposes.

RcAeoM.— This is to prevent the govemour from assembling the council sud-
denly, when only his favourites and dependants are at hand, and likely to attend it*
yil. The members of the council to be paid a sum not exceeding^ forty shil*
lings each, for every tiine they attend the council upon legislative business :
ynih a pit>vi8o that, if the attendances are more than fifty in a year, no mem«
Jitr shall niceive above lOOl. on that account.

RxAtoN.— 'This 11 to induce the members to attend the cotmcil in considera-
ble numbers, ie that there may be usually twenty-four or twenty five membera
present at the {Passage of an ordinance ( to the end that the ordinances may have
the greater weight with the people, and be the more readily obeyed. Without
«Mnlr mA prdvition, it is to be feared that the council vrould not be well attended;
Ytll. Abienet fnm the province fi>r three years, even with the govem«ur*t
imm^ vr ttpeated leav«e, lor ^c whole ttme^ shall make the person so absent-
ikgMmuMf Ctait to be a eoonaellor.

Ek Bmtf atflnbcr of the council shall hxfc a right to bring « biU into ihe
«N0illy » tiieU ii tf asnnt ttt «M brovght ill by the O«YttiO0ar«

Ghap. vince of Quebec had presented their petition to the
L Kingj and transmitted it to Lord Dartmouth, which laid

the foundation of the Quebec Act.§ The English inhab-

Rea SON.— Because without this power the proceedings of the council would
be too much under the direction of the govemour.

XI. But the govemour shall have a negative to a bill proposed by the council.

XIT. The counsellors to be appointed by the king, and removed by him at
his pleasure by his order in his privy council, but not by his signet and sign
manual ; and not to be removeable, or suspendible, at all by the govemour.

Reason. — The counsellors are made thus independant of the govemour, to
the end that they may act freely according to their judgements in the exercise
of their legislative authority, without implicitly obeying the directions of the
govemour through the fear of being displaced ; and also to the end that the peo-
ple may believe that they act with this freedom and independence, atid respect
them and the ordinances they pass, on that account. Confident that coun-
sellors that may be removed or suspended by the govemour will never be sup-
posed by the generality of the people to act freely and independently, (what-
ever, from their particular dispositions of mind, they may really do,) and con-
sequently will never be respected by them, nor their ordinances chearfully obey-
ed. 7 he dependance on the king*s pleasure, to be exercised in his privy coun-
cil, is quite another thing.

XIII. Where the council is assembled as a council of state only, and not as a
legislative council, it shall be sufficient to summon only twelve of the counsel-
lors (such twelve as the govemour shall think fit,) one day before the meeting
of the council ; and seven counsellors shall be a sufficient number to do business.

Reason.— It might be very inconvenient and the cause of much delay, to
restrain the govemour from doing those executive duties of his office, to which
the concurrence of the council is made necessary by his commission^ without
assembling the whole council in the manner above prescribed.

This is the plan of a legislative council proposed two years ago by Mr. Ma-
seres and approved by Messrs. Walker and Paterson. It might perhaps be a
proper addition to it, to provide that the Govemour and four fifths of the coun-
cil might, if they thought it necessary, suspend a member of the council till
his Majesty's pleasure about removing him was known.

« §SiR— Your most obedient and faithful new subjects in the Province of Ca-

< nada take the liberty to prostrate themselves at the foot of your throne, in or-
« der to lay before you the sentiments of respect, affection, and obedience
« towards youjr august person, with which their hearts overflow, and to return

< to your majesty their most humble thanks for your paternal care of their welfare
* Our gratitude obliges us to acknowledge, that the faithful appearances of

« conquest by your majesty's victorious arms did not long continue to excite our
« lamentatioDS and tears. They grew every day lets and less, as we gradually

I^ants, dissatisfied with the Quebec Act, and the London Chap«
merchants trading to Canada, in particular, drew up their y

became more acquainted with the happiness of living under the wiAe reguht-
tions of the British Empire. And even in the very moment of the conquest,
we were far from feeling the melancholy effects of restraint and captivity. For
the wise and virtuous general who conquered us being a worthy representative
of the glorious sovereign who entrusted him with the command of his armies,
left us in possession of our laws and customs : die free exercise of our religion
was preserved to us, and afterwards was confirmed by the treaty of peace ;
and our own former countrymen were appointed judges of our disputes con-
cerning civil matters. This excess of kindness towards us we shall never forget.
These generous proofs of the clemency of our benign conqueror will be care*
fully preserved in the annals of our history ; and we shall transmit them from
generation to generation to our remotest posterity. These, Sir, are the plea-
sing ties by which, in the beginning of our subjection to your majesty's go-
vernment, our hearts were so strongly bound to your majesty ; ties which can
never be dissolved, but which time will only strengthen and draw closer. ,

* In the year one thousand seven hundred and sixty-four, your majesty thought
fit to put an end to the military government of this Province, and to establish
a civil government in its stead. And from the instant of this change we began
to feel the inconveniencies which resulted from the introduction of the laws
of England, which till then we had been wholly unacquainted with. Our
former countrymen, who till that time had been permitted to settle our civil
disputes without any expence to us, were thanked for theii: services, and dis-
missed ; and the militia of the province, which had till then been proud of
bearing that honourable name undqr your majesty's command, was laid aside.
It is true indeed we were admitted to serve on juries : but at the same time
we were given to understand, that there were certain obstacles that prevented
our holding places unde;r your majesty's government. We were also told thac
the laws of Eqgland were to take place in the province, which, though we
presume them to be wisely suited to the regulation of the mother-country for .
ivhich they were made, could not be blended and applied to our customs with- .
out totally overturning our fortunes and destroying ou^ possessions. Such
have been ever since the xra of that change in the government, and such are
still at this time, our just causes of uneasiness and s^pprehension ; which how-
ever we acknowledge to be rendered les« alarming to us by the mildness with
which your majesty's government has been administered.

* Vouchsafe, most illustrious and generous sovereign, to dissipate these fears
and this nneasiaes^ by restoring to us our ancient laws, privileges, and cus^
toms, and to extend our province to its former boundaries. . Vouchsafe to
hesiow your favoars equally upon all yo^r subjecto in the province, without any

12 . '

Cit Ap. .case in the month of May, one thou82^nd seven hmidred
2*_ ^ * and seventy.four, to give weight to their petition against
the Bill, which had been presented to the House of Com-
mons, on behalf of themselves and the British inhabi-
tants of the Province. On the receipt of the Act of
Parliament, the English inhabitants held fresh meet-
ings together, in order to consult about petitions for the
repeal or amendment of it. Petitions to the King and to
two Houses of Parliament w^e prepared and they were
transmitted to Lord Dartmouth,* with another to his

f distinction ! Preserve the glorious title of soTereign of a free people : a title

* which surely would suffer some diminution, if more than an hundred thousand

* new subjects of your majesty in this province, who had submitted to your go*

* vemment, were to be excluded from your service, and deprived of the ines-

* timable advantages which are enjoyed by your majesty-s smcient subjects.

* May heaven, propitious to our wishes and y>}ir prayers, bestow upon your

* majesty a long and happy reign ! May the august family of Hanover, to
' which we have taken the most solemn oath of fidelity, continue to reign ove;:
' us to the end of ^ime !

* We conclude by intreatlng your majesty to grant us, in common with your

* other subjects, the rights and privileges of citizens of England* Then oar

* fears will be removed, and we shall pass our lives in tranquillity and happi-

* ness, and fihall be always ready to sacrifice them for the glory of our prince

* and the good of our country.'

* * That your lorddiip's memorialists, encouraged by th^ capitiilation of C«7

* ffi^da, confirmed by the definitive treaty of peace, and his majesty's royaj pro-
f clamation of the seventh of October, one thousand sev^n hundred and SMEty-

* thr66, did purchase lands, plant, settle and carry on trade and commerce in

* this province to a very considerable amount, and tp phe manifissl advantage of

* Oreat 'Britain, in confident expectation of the early accomplishmtot q£ his raa-

* jesty's said proclamation, giving express power and direction to hisgoyemoar

* with the advice and consent of his council, to summon and call general asiem-

* blies, to make, constitute, and ordain laws, statutes, and ordinances, for tfae

* publick peace, welfare, and good government of the said province, as near is

* might be agreeable to the laws of En^and. For which reutoot your mettio-

* fialists hay|9 drawn np and trinsmitted herewith, their ttiost humblt |>etition
< to the king, praying hit majesty will, ontof his royal and paternal can of all
f his dutiful and loyal subjects of this province, be graciously pleased to reh'eve
f 0^^ from the apprehensions ^ey are utider pf their property being endangers

Lordship, expressive of their disapprobation of the Chap.
Quebec Act, and of the miseries about to be entailed
on the Province by that Act, but no repeal was eflFected,
and the act remained as it was passed.

Several Acadians who had left Canada on the its
reduction by the British Arms and had gone to France,
returned to the number of eighty-one to Chaleur Bay,
and offered to take the Oath of Allegiance, to which
they were admitted on the thirtieth of May of this year.

The Quebec Act that restored the municipal Laws of
France as to civil rights in Canada, established also the
I}est of all criminal juris prudence, the criminal Laws
of England. The Canadians had reason to rejoice that
the Criminal Laws of France ha4 been abolished, and

* tdi and loiing the fruits of their labour, exposed to ordinances of a gover-
' ooir and council, repugnant to the laws of England, which take place before

* his majesty's pleasure is known, and are not only contrary to his majesty's
' commitsion and private instructions to his said govemour, but, we presui^e,
' aqoally griefous to his majesty's new and ancient subjects.

' Your lordship's memorialists further see, with regret, the great danger. the
' ^dren bom of protestant parents are in, of being utterly neglected, for want

* of a sufficient number of protestant pastors, and thereby exposed to the usual
^ and kaown assiduity of the Roman Catholick clergy of differezu orders, who
' are very numerous in this country, and who, from their own immense funds,

* have lately established a seminary for the education of youth in this provincet
' wUdi IS the more alarming, as it excludes all protestant teachers of any

* scieaee whatever.
* Wherefore, your lordships memorialists humbly pray, that you will be

.' pleased to present their said petition to his majesty, and also pray your Iord«

* ihip'e intcrcesiioo and good offices in that behalf.

Canada exported to Spain and Portugal,

Bushels of Wheat. Barrels of Wheat.

1773 . 164,807 . 720

1773 . 264,916 - 7,091

1774 - 46,0818 - 6,991

1775 - 175,0^9 • 7,115
1778 - 14,175 - 20^21

Chap, that the horrid system established by them was put au
*^ end to. During the time that Canada was a colony of
France, a person suspected, with or without foundation^
was siezed, thrown into Prison, interrogated, without
knowing the charge against him, and without being con-
fronted with his accuser ; and he was deprived of the
assistance, either of his relations, friends or Counsel.
Hewas sworn to tell the truth, or rather to accuse himself,
without any value being attached to his testimony. Ques*
tions were then put more difficult for innocence to unra-
vel, than vice to deny. The prisoner was never con-
fronted with the person who had deposed against him, ex*
cept at the moment before judgment was pronounced, or
when the Torture was applied, or at his execution; and
judgment in capital cases was un variably followed by con-
fiscation of property. To the honor of England, the trial
by Rack is utterly unknown to the English Laws, though
it had been used as an engine of state; but when on the
;issassination of VilliersDuke of Buckingham, by Fel-
ton, it was proposed in the Privy Council to put the
assassin to the Rack ; in order to discover his accom-
plices, the Judges being consulted, declared unani-
mously to their own honor and the honor of the En-
glish Law, that no such proceeding was allowable by
the Laws of England.* The reason of administering
Torture by the civil law, and its subsequent adoption
by the French and other nations, is said to arise from
the principle that the laws cannot endure that any man
should die upon the evidence of a false or even single
witness, and therefore contrived this method, that inno-
cence should manifest itself by a strong denial, or guilt
by a plain confession, rating a man's virtue by the

* Ruihwonb.

hardiness of his constitution, and his guilt by the Chap.
sensibility of his nerves.! Nothing can be so absurd as ^ ^
this inhuman species of mercy, and a celebrated writer
in an exquisite piece of raillery has proposed this prob-
lem with a gravity and precision truly mathematical.
'* The force of the muscles and the sensibility of the
*' nerves of an innocent person being given, it is requi*.
** red to find the degree of pain, necessary to make him
" confess himselfguilty of a given crime.**! How thank-
ful ought Canada to be, that Great Britain in her libe-
rality and mercy has freed its inhabitants from the most
inhuman of all Criminal Laws, and given her own
equitable system of Criminal Jurisprudence.

On the return of Governor Carleton a Council was
held, when the two Quebec Statutes were read on the
eleventh of October, abolishing the Proclamation of
one thousand seven hundred and sixty-three.

The American Congress, to gain over the Canadians,
ordered an Address to be prepared to the inhabitants
of Canada* They stated the right they had, upon
becoming British Subjects, to the inestimable benefits of
the English Constitution, and that it was further con«
firmed by the Royal Proclamation, in one thousand
seven hundred and sixty-three. They undertook to ex-
plain to them some of the most important branches of
that form of government from which they were debar-
red, and, in so doing, they quoted passages from
their countryman whom they artfully adopted as a Judge,
and irrefragable authority upon this occasion. They
then proceeded to specify and explain, under several

t Blackstone. i Beccarl?.

Chap, distinct heads, the principal rights to which the people
I were entitled by the English Constitution, and these
rights they truly said, defend the poor from the rich,
the weak from the powerful, the industrious from the
rapacious, the peaceable from the violent, the tenants
from the lords, and all from their superiors. They at
length introduced Montesquieu, as if addressing them,
thus : ** Seize the opportunity presented to you by Pro-
vidence itself, you are a small people, compared with
those, who with open arms invite you into a fellowship;
a moment's reflection should Convince you, which shall
be most for your interest and happiness, to have all the
rest of North America your unalterable friends or your
inveterate enemies. Your Province is the only link
wanting to complete the bright and strong chain of uni-
on. Nature has joined your country to theirs. Da
you join your political interests : The value and extent
of the advantages tendered to you, are immense: Heaven
grant you may not discover them to be blessings after
they have bid you an eternal adieu." They conclude by
informing them, that Congress had resolved to consider
the violation of their rights, by the Act for altering the
Government of the Province, as a violation of their
' own, and that they then be invited to accede to theii'
confederation.

1775. The Canadians very early this spring, declared, that
the noblesse had no 'manner of authority over them^
and that even their Sdgniors had no right to command
their military services. They acknowledged that they
owed them respect as their Seignors ; but they In-
sisted, that when they had paid them their quie-rent^
and their other seigniorial dues, together with cer^*

tain compliments which were customary at different Chap.
seasons, they owed them nothing further, and were not I*
bound to submit to any power they might presume to
exercise over them.

A Bust of His Majesty King George the Third, which
had been erected several years in the City of Montreal,
was on the first of May daubed over, by some ill dis-
posed persons, with black, and a cross was suspended
from it, indecently ornamented with a mitre and a string
of beads ; under it were written these opprobrious

Wdrds : ** Void le Pape du Canada^ et le dex An^

Ikans^^ that is. This is the Pope of Canada and the *— —
kA England* This act was seditious and deserving of
punishment, and though a reward of one hundred gui-
neas had been offered, yet, the perpetrators of this wick«
ed act, were never discovered.

The main scope of the Quebec Act was t6 extend
the boundary of the Province, beyond what had been
settled by the King's Proclamation in one thousand se-
ven hundred and sixty-three ; to appoint a Council for
the Provincial affairs without the power of taxation and
removable at pleasure, into which the Canadian Ro-
man Catholics were equally entitled to a place. To es^
tablish the French laws ^ totake away the Trial by Ju«
ry in civil cases ; to establish the Criminal Laws of En-
gland, and to secure to the Catholic Clergy, their es-
tates and tythes. The Act had no sooner passed thaa
k was sent to the Governor of the Province to be put
iotto execution, who appointed the Council, in which
saay Roman Catholic Gentlemen were admitttd^ andm

« •

Chap, the other offices of Government, and made such other
I regulations and arrangements as he thought necessary.
General Carleton had taken up the prevailing opinion,
that the Seigniors of the Province, by their Fealty and
Homage, owed military service to the King, and that
their vassals were equally liable to the same service as
their Lords, and bound by their personal service to take
arms in defence of the Government, and that as the
Provincials were meditating an incursion and attack of
the Province, they would forfeit their lands in case of
their non-obedience. Many of the Seigniors held the
same doctrine, and shewed great alacrity on the occasi-
on, assembling their Tenants to explain to them the si-
tuation of the Province, the service expected from
them, and the absolute necessity of preparing for war.
The Tenants of these gentlemen, who had been ad-
dressed on this occasion, generally declared their de-
termination not to obey their Seigniors, and this spirit
being diffused by their conduct among the rest of the
peasantry, they evinced also on their part, how averse
they were to act against the Provincials, then medita*
ting an attack on the Colony, by the route of Lake
Champlain.

The Congress of America, apprized of the resoluti-
on of Great Britain to maintain her authority over the
Colonies in all cases whatever, which America on her
part was determined to resist, concerted measures of
defence, and resolved on attacking X^lanada as the most
Jvulnerable part of the Colonies. The American Colo-
nel Allen, with two htmdred and thirty Provincials, me-
ditated ^ attack on the garrison of Ticonderqga, on
Lake Champlain, and oa the ninth of May, being join-

ed by Colonel Arnold, they crossed Lake Champlam Chap.
in the night with eighty men, and disembarked near the ^ ^^
garrison. Early in tl^e morning of the succeeding day,
dispositions were made for the attack, when driving in
the centinel at the gate, the Provincials gained the pa-
rade without difficulty, and the fort surrendered. The
prisoners were. Captain Delaplace, a Lieutenant, and
forty-seven men. But what was of most consequence,
the Provincials gained an immense acquisition of not
less than one hundred pieces of cannon, of which they
were then in the greatest want. The reduction of Crown
Point, which had but a Serjeant's guard, became a mat-
ter of course, and this was followed by the loss of the
only vessel the English had on Lake Champlain, into
the hands of the Provincials.

Certain intelligence being received of these offen-
sive operations, induced General Carleton, to exert
every nerve to repossess himself of these two posts
and to regain the command of the Lake; unfortu-
nately, however, for his views, the whole military
force then m Canada did not exceed two regiments,
the Seventh and Twenty-sixth regiments containing
only eight hundred men, those were unfortunately
too much dispersed, that unaided by the Canadians
he conceived it absolutely necessary to establih Mar-
tial Law, which he did by a Proclamation of the
ninth of June, in which he stated that as a Rebellion
existed in many of His Majesty's Colonies in America,
and that an armed force had of late made incursions in-#
to this Province, attacking and carrying away a party
of His Maje^'s troops, together with a parcel of stores

K 2

J76

Chap, and a vessel and was still invading this Provmce, to tha
!• great terror of His Majesty's subjects, and in open defi-
ance of his laws and government, falsely and malicious*
ly giving out that their motives for their conduct were
to prevent the inhabitants of this Province from being
taxed and oppressed by government, tending at the
same time to inflame the minds of the people and alie**
nate them from His Majesty, he had thought proper in
order to prevent so treasonable an intrusion, and that
such traitors and their abettors might be brought to jus<»
tice, and the public tranquility and peace again be re&«
tored, to execute Martial Law and to embody the mili-
tia of the Province, to repress their hostile aggressions.

This Proclamation so far from compelling the Cana-
dians to take up arms, only produced the greatest aver-
sion and repugnance to his orders. The Governor
finding all his eflforts ineflfectual in raising the militia,
applied to the Catholic Bishop for his spiritual aid and
influence, who sent a mandate to the subordinate clergy
of the several Parishes, to be read by them after divine
service to their Parishioners, exhorting them to take up
arms in defence of their Country : no persuasicxi could,
however, induce them to stand forth in the hour of
danger, and this supineness opened a door to the in«
roads then beginning to be made by the American Ar-
my, under the command of Generals Montgomery and
Schuyler. This army composed of about two thou-
sand men, having crossed Lake Champlain, arrived on
the fifth of September at the Isle aux Noix, on Lake
Champlain, where they drew up a declaration to the Ca-
nadians, stating that their army was only designed against
the English, and not against their lives^ liberties, pro-

perty or religion. The army embarked next day for Chap,
St. John's, and being near it, received advice, that the ^*
Fort was not only in good repair, but well furnished
with Cannon, and then they retreated back to the Isle aux
Noi^. General Schuyler's health not permitting h^m to
move on with the army, he returned to Alb^y, and the
frhief command devolved on Montgomery, whq receiving
reinforcements of men, and supplies of ammunition, pro-
ceeded again on the seventeentl^ of September to the at-
tack of St. John's. The Americans, soon after their land-
ing, took possession of the ground on the north side of St.
John's, and erected a mortar and other batteries. They
kept up a constant firing on the garrison, which was
returned with equal vivacity. By this time, the Amer
ricans had nearly expended their ammunition, when ac?
counts arrived, that Majors Brown and Livingston had
taken the Fort of Chambly with a large supply of pow^
der and ammunition. Montgomery had on his first
landing detached two hundred men, against Chambly,
with two six pounders, which so much intimidated the
commanding officer of that Post, Major Stopford of
the seventh regiment, that though there was no breach
in the walls or regular battery constructed by them, he
surrendered on the third of November, on condition of
marching out with the honors of war. The Americans
immediately on the surrender, transported six tons of
gun powder to general Montgomery, who being pos-
sessed of a full supply, completed his battery within two
hundred and sixty yards of the Fort, and mounted four
gims and six mortars. The siege was still carried on
with great spirit on the part of the besiegers, who suf-
fered greatly from the incessant fire of the garrison.
General Carleton dispatched an order to Colonel

Chap. McLean, then at Quebec, to procure as many men
*• as he could, and to proceed to Sorel, where the Ge-
neral proposed joining him. M*Lean collected about
three hundred and fifty Canadians, where he waited
until he received orders to proceed to the relief of
St. John's. The place where General Carleton pro-
posed to cross the St. Lawrence, was Longueil, where
a party of Americans, had posted themselves to prevent
his landing. The boats with the troops on board were
allowed to approach within pistol shot of the shore, they
were then vigorously attacked, both by the fire of mus-
ketry and from two guns that had been so advantage-
ously posted, that General Carleton was compelled to
return back to Montreal.

As soon as General Montgomery was apprized of Ge-
neral Carleton's defeat, he sent a flag to Major Preston,
accompanied by a prisoner, to give him a detail of the ac-
tion, advising him at the samfe time to surrender the
Fort. Major Preston still wishing to gain t»me, and in
hopes of relief, proposed to General Montgomery to wait
four days, in which time, if he received no assistance,
he would propose a surrender. This General Montgo-
mery not consenting to, the attack was again renewed.
At length, however, the garrison being short both of
provisions and ammunition, the Major was compelled
to surrender on the thirty-first of November. It was
agreed that the garrison should march out with the ho-
nors of war, the men grounding their arms : the offi-
cers were allowed their side arms. Those Canadian
gentlemen, whose conduct during the siege was highly
meritorious, were included as a part of the garrison.
Immediately after the surrender of St. John's, General

Montgomery pushed on to Montreal, and entered that Chap*
city the moment that General Carleton had left it. A ^*
large supply of clothing and other articles much want-
ed by his troops was easily procured, and his general
conduct to the inhabitants, was highly decent and pro-
per. To prevent the troops that had left Montreal, un«
der the command of General Richard Prescott, from
passing Sorel,the American Colonel Easton was detached
with a strong party to that place, where posting some
cannon in a judicious situation, he compelled the Gene-
ral, several officers, and one hundred and twenty soldiers
to surrender on the seventeenth of November. General
Carleton, well aware that Quebec was the only place left
in the Province capable of defence, hastened to gain the
Capital, which he happily eflFected on the Sunday follow-
ing, the nineteenth of November. Arnold, who had
penetrated through the woods by the River Kennebec
and Chaudi^re, had arrived at Satigan on the fourth of
November, and after refreshing his troops, marched on
the eighth to within two leagues and a half of Pointe
LevL He had been there twenty four hours before it
was known at Quebec, and had not the small craft and
boats been fortunately removed before his approach, he
would, most probably, have made himself master of
the dty. The next night Arnold crossed over six hun-
dred men at Wolfe's Cove, and after ascending the
heights, took possession of General Murray's house,
the General Hospital, and several other houses, where
he quartered his men. He then posted guards on the
different roads, to cut off the communication between
the city and the country. ' On the news of the capture
of Montreal, Arnold marched to Pointe au Tremble,
when leammg that General Montgomery was on his

Chap, way to Quebec, he returned to his former quarters,
!• and was there joined on the first December by General
Montgomery and his army.

On the first irruption of the American troops into
Canada, Montgomery had detached Colonel Allen, with
one hundred and fifty men to the attack of the city of
Montreal. On the twenty-folirth of September he
crossed over the St. Lawrence, three miles below
Montreal, in the night, where he was no sooner land-
ed than his approach was announced to General Carle«
ton, then at that city, who immediately collected thirty
men of the twenty sixth regiment, and about two
hundred and fifty-six militia of the town, and put
this detachment under the command of Major Car-
den. Early next day, Carden marched to Long Point,
where the Americans had taken post* possessing them-
selves of several houses and bams, and defended by the
natural breast work formed by the little river, Truteau.
An action immediately commenced, which only, howe*
ver, continued half an hour ; a party of the British
Militia having pushed forward to surround the Ameri-
cans, Allen and his men gave way, and the whole of
them were taken prisoners. The English lost in this
skirmish Major Carden, a brave officer. Mr. Alexander
Paterson, an eminent merchant of Montreal, and two
privates. The Americans had five killed and ten wound-
ed. Allen, with the captives were put on board the
Gasp^e armed schooner, Imd sent to Quebec, and in
November sailed for England in the Adamant, where
they arrived, and Allen and his men safely lodged in Pen«
dennis Castle.

THE

HISTORY

CANADA.

CHAPTER

From the commencement of the Siege of Quebec In 1775, to
the Convention at Saratoga^ in 1777*

jn^S General Carleton had been apprized that several Chap.

of the inhabitants of the city of Quebec were ill disposed ^

towards Crovemment, no object appeared more wise and -^1 -
necessary than the turning the disaffected out of the city •*

* JoURKAL of the most remarkahle occurrences in QuSBSCy from the
14/A ofNovember^ mS, to the 1th of May^ 1176. By an Officer
of the Garrison.

AFTER the rebels had surprised and taken Ticonderoga and
Crown Pointy they made no secret of their intention to penetrate aa
far into Canada^ that season, as possible. They openly declared it in
Alban^' in the month of May. Timorous people, among those who
(new with what facility they traverse woods in their hunting parties^
began to entertain fears that they might attempt to send a force against
Quebec, by the way of JLennebek and Chaudiere Rivers, and by
Connecticut and St. Francis, whilst General Carleton with the troops
were employed towards Montreal. They recollected that suspected
persons had t^n sent in the winter from Casco Bay by Kennebek to
this placet and it was reported early in summer that armed men from

Cbap. By a Proclamation, dated the twenty-second of Novem*
IL . ^^^9 ^^ stated. That though he had issued his orders for
embodying the Militia of the city, to co-operate and assist
the King's troops, jj&ti that there were several persons

New England, or Nova Scotia, had patroled in the parishes below
Point Levy for some days, and bad suddenly disappeared : these
matters greatly alarmed some people, though the greatest part of
the town looked on an expedition of that nature as chimerical, yet a
guard was potted at Satigan fb- give aotice of the appioach of aa
enemy, in case that the rebel* VTOodsmen might meditate a surprise.

The success of the rebels under Mr. Montgomery induced many
people in Quebec to shew their sentiments, and, indeed, to act as if
no opposition might be made against the rebel forces ; a thousand
different intimidating rejktits Were ihdUfetrlously spread abroad con*
oerrnsg iheir numbers^»4>ur enemies witbip the waDs catcbed everr
fiivourable opportunity to work on the minds of such English and
Frenchmen as were not confirmed in their principles.-— They spoke
ta iheir fears;— ^* Our force, said they, is notiun|j, theirs isgreat^^ad
grows daily- Be wise and remain neuter, that you may secure good
treatmtot from those who wiQ undbufitedly take tbe town sooner or
later.— Why sutfer our property to be destroyed ! if we aRenipl td
tcHSofOLtt our ruin t» unavoidable ; Ik'l tiiiak of vmag-ol cjQAtdatioiv
and banish all Quixote schemes of defence.

The Republican method of calling town-meetingl was adopted :
in tbese noiiy ass^mbEes the mask was' thrown off; there one could
perceive who were, and who were not, the friends of government ; if
report speaks truth', sin&e of tbe town's folks had articles of capitu-
lation ready to Uj before the peo]^ at one of those meetings, after
it was known that Arnold vras on his march from Cambridge, bf
way of Kennebek, with fifteen hundred chosen men, to attack Qoe^
Biec : this was about the end of October ; then our Lieutenant Go-
Temof was inde&tigabre in putting, the town in a proper postme of
defence. Hie Eng^ and French mifitia mounted guard regularly^
ai^ seemed willing to do the duty of abtdiers so far.

On the 8d of Nonsiibef we kamed that a strong body of the re^
bds were n6( fkr ^m Quebec, and that the Canadians living on the
Chaudtdre did ik>t'b tike faetroj^ioiet^ TKe Lieutenant

* ' w

stfU yestduig m the town, who refused to enroll thdr CRAP9
xiames in the Militia lists, and that there were others in- ^I*
dustriously endeavouring to draw away and alienate the
iffecdons ot His Majest/s gqod and faithful subjects of

Cfomkniorol'^tfredallcanoettboattt&c. to be brovglit^from die
eppoaio&riiore and from the iBhiid of Oflti|M. On the 8lh of No*
iQuAer a boat frem the doo^ of ww Hooter was fired on, ^tnd the
Caj^tahi'^ bfother (Mr« M'Kenziet aiaidthipman) wm tdcen priioo-
cr ia attempting to twhn off to her, at the ky near Colonel CaldfPell^a
miO, at Point Levj i next day Ae Hooter battered the SEiill ; where
agrtat body of rebeb was lodged. Colooel Msdean arrited on the
lith ftoflft 3orel. On the ISth, in Ae night, Arnold crested the ri«
ver ^t. Lawrence, and landed at Wolfe's Cove with the greatest part
of hit force. On the 14th a body of men appeared on the plaint of
Abraham, within 800 yardt of the walls, and hua;za'd thrioe ; w^
?uiswered them with three cheers, and fifed tome grape shot amoag^
them ) they did not wait fora second salute*

On the49th, to the unspeakable joy of the garrison, General
Caileton arrifod from Montreal, in the Fell armed Axj^ in company
witl\ an arnied schooner | at this time the rebels had retired to Paiale
aux Trembkt, teven leaguet above Quebec ; we taw our si^etyin bit.
pfetenoe* On die 22d a most acceptable proclamation was issued by .
General Carleton, which commanded all persons not willing to de-
fend the' town to the last to depart in four days.

We had rank rebels in our militia at that time } this proclamation,
to agreeable to the friends of government and |;ood order, gave them
much strength ; from that moment good things were ao{pu«!l.

When the rebels appeared before the town, the ttrengdi of the
garriton wat at follows :

Colonel M*Lean with his Royal Emigtaats, «id Capt*

Owen's fiizikert -«•»•» 200

British Militia _ . _ 500

Canadian Militia — -i. _ 480

Seuonen on shore with Captain M'Kenzie -— 24

Recruits, Emigrants from Newfoundland *— 90

Axtifioers from Newfoundhmd — «- M

Chap, the city from his person and government ; for these rea-*
II* sons, to rid the town of all such disloyal and treacherous
persons, he ordered, that every person liable to Militia
duty, and residing at Quebec, who should refuse to

Many people about this time recollected with regret, the inflam-
matory language they bad used, at the public meetings called to con-
suit about measures to procure a repeal of the Quebec Act. After
having drawn the most hideous pictures of the distresses that would
be entailed on the Canadians and their posterity, could they wonder
that these people would not oppose their New -England friends, who
had come with an avowed intention to give them freedom, by forcing
a repeal of that Act which was to render them the most miserable
abject slaves.

• The agents for the Congress saw with joy the dispositions of the
Canadians ; they saw that no opposition would be made by the na-
tives of Canada to any measures the Congress should think fit to a-
dopt to get possession of the country. The King's enemies here re-
presented Canada as an easy conquest, and gave it as their opinion,
that a handful of brave men, fighting for liberty, would be sufficient*
They made uncommon efforts in the most severe season. The at-
tachment of the besieged to the King and his Government makes us
strong within the walls ; such men, under such a General, will dai
much.

fState of the Garrison of Quebec on the Jirst of December^

70 Royal Fusileers,
230 Royal Emigrants,

22 Of the Artillery, Fireworkers, &c.
330 British Militia,
543 Canadians,
400 Seamen,

50 Masters and Mates of Vessels,

35 Marines,
120 Artificers.

1800 Men bearing arms.
The number of souls within the waps computed at five thousand »

take up arnuf In defence of the city«. ^ould quit ibfi, Cha]p«
town in four days, and withdraw themselves out of the Q*
limits of the district of Quebec before the month of
December^ on pain of being treated as rebels and spies ;

There is plenty of provisions for eight months. Fire woody hay
and oats are scarce.

DecembfT }» 1775. The country is covered with snow a foot deep.
Wind S. W. raw weather, with showers of snow. The Hunter
sloop and the Fell armpd vessel came down from Richelieu, and were'
laid up. Reported that 50 of the rebels are lodged at Mount's (9
tavern, a mile west of the town ;) fired some well directed shot, and
dislodged them. Clear weather this evening.

2d. Cloudy ; wind at S. W. much floating ice in the nver.

Yesterday a habitant of Lorette was drummed out of town, for
having iiidustriously made disheartning reports concerning the
strength of the rebels, and for advancing ridiculous untruths, to instil
fear into the minds of the lower class.

Arnold's party, which traversed the woods, were clad in canvas
fro9ks ; it was said in the countryNhat they vetu en toUe ; — ^the word
iolk was clumged into tole^ and the peasants trembled at the approach
of men cased in sheet-iron.

The rebels are cantoned from La Pointe aux Trembles to Old Lo«
rette, and parties of them scour the roads to town to prevent provi- *
sions getting in. The habitants f as we call the peasants, seem to be
a dastardly set | if it is not cowardice that prevents them from insist*
ing on going to market, it is a worse motive.-— Would they but frown
on the rebels, they would return from whence they came ; but it is
said that they receive them with open arms, and call them nos pau"
vret f teres ; they will see their folly when too late to repair the mis*
chiefs iheir pauvres freres will have done to them.

The rebels have prevented a good many supplies from coming up '
by water from below ; and the people of La Pointe a la CaiUe have
unloaded some craft destined for Quebec. This shews the dispositi*
on of the lower parishes.

S^. Rainy sleeting morning, Wind N. £• Afternoon, S. W. dear

air, freezing. Many people heard guns at a distance. Some peasants

say, ** that there is 4500 rebels at Pointe aux Tnembles— some cime

by water, and tome by land, and' that they liave many canfton>«>

They say that Mr. Montgomery heads them."

Chat, nd that wliatever^ provisions those Trfao meant to
** leave the place had purchased, he ordered should be
paid for by the Commissary. This measure brought to,
light the dastardy disposidons of several of the dt&sens^

4/A. Wind at W. to*d«y-^t froze hard io the night^-^he rebeb
are lodged in every house near the walls. Jeremiah Duggan, for.
merly a hair-dresser in this place, has the comm^d of 500 Canadi-
1^8, under the title of M||}or.

Sii* Lut night Jeremiah Duggan entered the suburbs of St.
Roc with a strong party ; many Canadians enrolled in the ttiliti^
were disarmed by him.

Pvggviy to senre his own purposes, has reported that we are not
on our guard ; and that we may easily be si^-pnsed ; lor that he hacl
laid his ear to |^alace-gate, and wall^ed from thence to th« Canoterie
without having been challeng^.— It is impossible, for our sentries are
Tery Wgilant.— Cold to-day. A soldier of the British militia was
tried by a Hegamental Co^-nuurtial, charged by a Seijeant for refu^
ling to do his duty.— Acquitte^.

Fired several shot at a house about 1200 prds from the walls, he«
hind vrhTch (it vnts said) the enemy were erecting a battery,

Wf get much false intelligence ; our situation admits not of send*
ing out parties of observation,

6tJL Wind S. W. cold and cloudy. In the afternoon came to /
Palace Gate from St. Roc, a woman who gave information that many
of the rebels were drank at her house : she was told to inform such
as chose to come in, that they should be well treated | four of them
quEne in towards night. Small parties of riflemen came near our walls,
concealing them^lves behind old walls and houses in St. Roc, firing
at our centries ; ^ popped at one another all day without hurt 09
cither side.

7«L Wind earteily-^do^dy weather. The deserters reports
that ** Mr. Montgomery heads 9000 rebds» 500 of whom are Ca«
iiad]ans.*-Head-quarters Holland-houae, two miles &om town«— De*
tachmentf spread aQ aroond, $0 prevent any person from gettii^ to
us. They are to o^monade and bombard os ; and after harraiaing
m this way for tome days, they are to make a geaexal assaidt, and
take US." One of thedeaeitefifened fimaerly Ja^thcRojal Ane*

wkoioeadypcdkrraigthttrmdivklttals^^ Cnxt.

sor^ quitted dai^ towain the hour of danger, and aftei^ ^
^ siege was laisedy returned to it agam, butnot\rith*
out the odiumso justly dueto such iafamous and dis>i
loyal conduct.

ikant s lie was hnri to ujf that lie knew the strength of Quebee^
and that it. would not be aneaty matter to scale our walli* His offi.
cer» after a ToUey of injucioos words for endeavouring to dishearten
the men, usedJiim otherwise ill : this determined him to hasten hit
deiertiony which he had beiore premediuted. He says ha is no Yaxw
kcyt but a native of good old Ireland*

9ii. There fell above six inches of snow last night $ to^y the
wind tt S« W the weather dear and cold-«>Riflemen firing. as< usual
on our sentries.— -Mr. Montgomery visited Menut's to-day; a few
Bunutettfter begot out of thecarioley a cannon. ball from the walls
lulled his horse.

9^ Wind at west ; pleasant, sanshincy mild. Various are the
reports of the enemy's sti^ength ; we gather, hovrever, that thefemay»
bcT about 1500 naen i vee do not count the CanadiiMi itbeb ; every.
Engfishman in townlooks on them as q^hers ; they are only to be
dreaded in case they get the upper hand ^ if they do, it will be froia
no exertion of bravery on their side. It is said the small'poa is.a^
moog them— «Afiual disorder in an American constituliQii^ it }a»
long raged in town.

IQfi. Wind N. E. cloudy and very cold. About two o'clock
this morning we vrere bombarded from St. Roc ; twenty-eight smaL
sbdkwere throvro into town» without doing further daoageLthaa
hurting the xoofr of some houses. Three*fauth»of the towm bad.
great dreadofsheOs until now, even the v^omen laugh at them^ At
day-l%ht we disgpvered a fiiscine battery on an eminence about 80ft
yarda tik die S. W. of St. John's gate} we fired many shot throni^
It. As some of the roofs of the houaes i&the subudis of Si. John's
intevcejiM ouv view of the enemy's WQtks».we aetfim tO'thesahouaasw.
lUi. Wind stroajr at S. W. witk ram | in tfae^nigfn 4SsheIlaf
wem thrown^into town without hurting aaouL ''^y^Vt nrpfitanta
of thar battery Uiia morning^ they have been: haid at vvo^
tbeir rifl^aen kept a coastsuia filing of» o^^
Abool midday the wind diopped about to S. W. it blew a hur*

Chap. The Governor adopted every measure for the de-
y^ ^ fence of the dty, and on collecting the strength of his
garrison, he found that it was composed of seventeen
hundred and sixty men, all equally animated with the

ricane ; in half an hour the streets and ramparts were one continued
sheet of ice.

12fA. Wind at W. freezing very hard. Forty shells from the re-
bels last night. The riflemen were very busy in the suburbs of St.
John and St« Rocy firing on every one who showed his head on the
walls — We had one man shot through the heart. We returned their
fire briskly, when we could discover any thing to fire at.

13M. Wind at W. soft fine weather. — ^Three shells thrown into
town last night, damaged two roofs. It is reported that the rebels in-
tend to build a battery at Point Levy, to play on the town from that
quarter, and that a body of men is lodged in a house on the opposite
beach. We fired a nine-pounder from the King's wharf ; the ball
went through the house ; a number of men ran out, and made the
best of their way up the hill ; they discharged a volley from their
niusquets ; the distance is near 1200 yards.

Skulking riflemen in St. Roc watching behind walls to kill our sen-
tries—Soldiers, indeed !— Some of them fired from the cupola of the
Intendant's Palace ; we brought a nine-pounder to answer them.

We think four of the rebels have been killed to-day, and some
wounded : we saw them carry off bodies in sleighs.

Our shells and 82Ib« shot annoyed those who were at work on
their batteries.

14/A* No shelb thrown into town last night— -some snow fell—
mild lowering weather— wind at W. We sent many shots through
their battery to-day. At mid-day it was opened with five cannon,-
nzy niiie, and twelve-pounders : their shot made no impression on our
walls, and no manner of hurt was done in town.

ISti. Mild weather with easteriy wind. Every thing remamed
Yery quiet last night ; they gave us a shot now and then from their
battery. About nine o'clock two men in blanket coats, with a drum-
oer before tbeoiy approached the walls ; they carried a bit of white
Hpm. oa the end of a stick : we allowed' them to come near ; they
told our sentry thai tbgj wimtod admittance into town, having letters

same zeal, and determined to gjire^jprener^ M^ntgpm^ Cf^^#
ry a warm reception,, whenever he should begin the at« ^ ^
9ck of the city.

As soon as General Montgomery had taken the com-
ihand of their army, he sent a flag to demand the sur«

for the Governor A message was sent to the General ; hit SJxcel'^
lency answered, that they could not be admitted, neither would he
receive an j letter from them ; that he would have no kind of parl^
or Communication with rebels. They went off saying, << Then let
him be answerable for all the consequences that may arrive in future/'

Towards evening they began to fire again from their battery-
there was no firing in the night, nor did they throw any shells. We
kept up a very hot fire on their battery to-day ; we can perceive that
the fascines are cut to atoms.

ISih. A fine mild day with a S. W wind. They have not fired
from their battery this morning ; we imagine we may have disabled
Qomebf their guns.

Afiermoon* They opened on us again with three guns ; they threw
lome small shells into town ; we had three men wounded to-day from
a garret window in St. Roc ; we threw some shiells into St. Roc«

i?M. It blew hard and snowed in the night, with an easterly wind^
dark and cold. About four o'clock this morning, a sentry behind
the artiQery barracks alarmed the guard at Palace gate ; he averred that
he had seen above six hundred men in the streets of St Roc-'-tne
drums were ordered to beat to arms ; every man made haste to liis
alarm-post, and there remained until dSiy-L'ght, but no enemy appear-
ed to attack us— They must be alert indeed if they take us by sur-
prise ; the voluntary picquets in the upper and in the lower tp^iif
are very strong* No firing from the enemy's .battery to-4ay.

18/ii. Wind at S. with snow, and a mild air. Some shells were
thrown in to-day, and we threw sopie into St. Roc's : very fi^w of
the enemy seen any where to .day'. A man was shot through the
head from St. Aoc ; woUd (t were destroyed ; it serves as a' secure
«nrer to the rebels.

\%th. Last nighl our Af^ set fire to St« lt^> and bamt four

Chat^ reader of the dtyt which was treated with contempt*
n* Montgomery upon this, wrote a most extraordinary let-
ter to General Carleton, which was sent into the town

houiti mild weather^ wind at S. with snow. We fired on some
men skulking amocg the honaes in St. John's suburbs at dark ; they
fire at random wherever they hear a noise on the ramparts.

Afiermwn* Wind S. W«<*-cold weather.

SKVA. Wind very cold at west : nothing remarkable happened
to-day* In such weather one's sinews are stiff with cold, every sense
is benumbed : it is impossible to accomplish any design where acti-
vity is requisite.

The people in town put a threat in Mr. Montgomery's mouth ; It
is said that he told his men, that he will dine in Quebec, or in Hell,
on Christmas-day. We are determined, says every body, he shall not.
dine here, unless he is a prisoner among us.

A Quebecer, a prisoner with the rebels, found means to convey a
letter into town :•— he writes, ** that the Canadian rebels leave Mr.
Montgomery very fast, and that his own people are quite tired of the
expedition." Not so in town, there's a very conspicuous martial
spirit among us ; if they attack us, we will make a brave defence \
so we think the quantity of ice and snow lying in the way leading to
what we reckoned t)ie weakest places, renders them at present ex*
ceediog strong.

SI//. Wind W. N. W. excessively cold. Nothing has happen*
•4 worth notiiig.

22^. VTvoA W. S. W. intensely cold. Colonel Caldwell's Clerk,
who has been a prisoner with the rebels for some days, escaped from
tbem, and brought a deserter along with him.

2SJ. Cold in the morning \ at noon very mild, with a S. W«
wiad. CoL Caldw^'s clerk reports, << that the rebels are to storm
the town this night. He has hitherto found it (difficult to instil a
certab soldier-like bravery into his raw troops, although they are
larded with European*— «lthou|^ he has promised them plunder to
the amount oC 800 dollars each man. The people fifom the old coun-
triatsty the Ancncant should lead ; the Americans cede that bo-
no^ to the Europeans. They have 600 scaling ladders prepared ;
they are made in a very dunuy manner.''

How can they think to pa^ the ditch, weighed down with suc]|

by an old woman, and a copy of it was shot Into town Chap.
upon an arrow a few days after. He stated. That not- O*
withstanding the personal illtreatment he had recehred
at his hands, and notwithstanding his cruelty to the un«

burthens, and wading in snow in the fiice of our fire ! They report
die enemy to be about 2000 sickly ;— the smiA pox it among them.
A man of our's killed from St. Roc to-day.
. 24/4, Cloudy weather, wind N. £• Above a thousand men were
pnder arms, expecting an attack in consequence of the clerk's report,
but every thing remained quiet. A deserter (formerly of the 28th
regiment) came torwards St. John's gate, fired his musquet in the
air, clubbed it, and begged to be let in-^ropes were let down, and
he was pulled up. He says the intended attack is deferred on account
of Mr. Wolf, the clerk's escape, and that they will attempt to storm
\ltto-i^ght, if his escape does not prevent them.

25tk. Mild day, wind a^ S* W....Last night every thing was re-
markable q^iet. Many signals by fire were seen all over the country
-—We suppose from guard to guard. Two thirds of the garrisoa
lay on their arms, expecting^ and ardently wishin|r for the long threa*
tened attack ; but d^^y-light came, ^nd no attack was made.^ It il
aaid» that the rebels offer paper money to ^he peasants, who decline
taking it befinre Quebec is in their han^s. Qeneral Carleton, and
such gentlemen in the upper town 98 are not on duty^ sleep at the Re-
collets in their ckthes. In the lower tpwn also they have a like vo-
luntary picquet.

9Sik. Last night w^s clear and inconceivably cold ; the wind is
N. W. to-day, freezing beyond expressimi. No man can handle his
arms in this weather, nor is it possible to scale walls.

27/A. Hazy cloudy night the last, the wind at W. N. W. this
momingMMrith snow.

28^jl.The weather was'dear and mild in the night. The wind is
strfl at S. W. to day.

29rA. Last night the weather was cleari— no alarm : this momisig

b serene, with tonshine— we get no intelligence from the country.

We perceive the rebels crossbg the &r end of the street, west in St.

Koc, three and four at a time ; many of them have the unifonn of

the 8th and 26th regiments.

M 2

Chai^« happy prisons he had taken, thd feelingft of humanity
"• induced Mm to have recourse to this expedient to save
him from the destruction that hung over him. To as*
sure him that he was well acquainted with his situation^

SOih. Wind westerly, very mild. In the oigbt a deserter came in
from the rebels ; he reports, that ** the army under Mr. Montgo*
mery amounts to between two and three thousand men, including
Canadians ; that they have been newly doathed, and are most pkn-
tifuUy supplied by the country people, who are paid in hard money.
Tbey have got shells lately from Montreal. The small-pox rages
among them. The whole army was assembled at head-quarters, by
the Generals orders lately : — ^it was given out that they were to at*
tack the town that night. Mr. Montgomery made a speech to them ;
he thanked them for the noble spirit they had hitherto shewn, and
the zeal they had discovered in the glorious cause of Uberty. He
informed them that some circumstainces had made it necessary to put
off the attack for that night, but that he would soon ask them to
follow him to an easy conquest. l*he Americans expressed an ar-
dent desire to proceed immediately." The deserter's own opinion is,
that they will flinch whenever they come within reach of our guns,
H^ says, ** all the old country p^ple wish to be at bpme ; they are
not at all fond of attacking the town ; they wish npt to be aiding in
distressing their countrymen ; they did imagine they were to attack a
parcel of Canadian slaves, professed enemies to the colonists."

They threw thirty shells into town, one third of them did not
burst, the rest did no damage. He warns us to be on our guard, for
that we shall be attacked the first dark night.

SI J/. About {our o'clock this morning. Captain Malcolm Fra-
ser, of Colonel Maclean's regiment, in going his rounds, perceived
signals not far from St. John's gate ; and finding the weather inch as
the en^my wished for, by the last deserter's report, he alarmed the
guards and picquets, who stood to their arms ; all the sentries be-
tween Cape Diamond and Palace gate saw many and repeated fbishes
like lightning ; on t)ie heigthts of AfM^ham bghts like lanthoms
were placed on poles at regular difttanoel. Two rockets were throi^
up from the foot of Ca^ Disimofid, and immediately a hot ire was
kept up on those who lined the walls at that place, and a body of meft
were feen in St. Joho^s suburbs; frpm the flashes of the enemy's fir-

Siiit A grftit ftttent bf works, incapable of defence, man- CiSAP.
n4d wkh a iilotley cfew of sailors, the greatest part his !!•
fnends, of Citizens who wished to ^ee the (Americans)
Withah their walls, and a few of the worst troops that

ing we pcrceiired they were hid behind a bank of snow ; however we
returned their fire, directed by their flashes : during this sharp mus-
qaetrfi the drums were beating to arms, the bells rang the alarm,
and in less than ten minutes , every man in the garrison was under
arms at his alarm post ; even old men upwards of 70 were seen for*
ward to oppose the rebels. Colonel Maclean detached a party of
the British militia, under Colonel Caldwell, to reinforce Cape Dia.
mond ; there he was to make the disposition of the men, and ie«
tiira to the parade.

Mr. Montgomery, with 900 of the the best men attacked at Frti
de Vifle,* and Arnold, with 700 chosen fellows, attacked at * Sault
au Matelot. The attack at Cape Diamond, the parade of men (Ca*
nadiaosicis said) near St. John's gate, with a bombardment from
St. Roc*8, were intended to draw oS our attention from the Lower
Town, where the rebels were to make the real attacks.

Oor guard at Pres de Ville had seen the flashes, every man was
posted before the alarm was given ; the gunners with lighted match-
es,' waited for the word of command. Captain Barnsfair, who com-
manded ^he battery, coolly waited the near approach of the enemy ;
he saw a group advancing ; they stopped within fifty ykrds of our
guns ; there they seemed in consultation ; at last they rushed forward
to their destruction, for pur grape shot mowed them down ; groans
and cries were heard, but not a soul was to be seen ; however, we
kept swiping the road vnth our guns and musquetry for some time.
At the other end of the the town Mr, Aniold was wounded in the
leg, in passing the piquets behind the Hotel Dieu, from whence a
shower of balls was poured on his party in their way to the Sault au
Matelot ; he was sent disabled to the General Hospital ; the officers
uodeir him forced our guard, and made us retreat to a barrier about
two hundred yards nearer the centre t>f the Lower Town $ there we
made ^ stand, returning a brisk fire, which the enemy under cover of
hopses, poured upon us.

* A stroiy pott at the southern extremity of the Lower Town.

* A ^(tery and guard house at the northern extremity of the Lower Town.

Chap, ever stiled themselves soldiers, the impofitihility of
J^ relief, and a certain prospect of wanting every necessa*
ry of life, should his opponents confine their operations
to a simple blockade, pointed out the absurdity of reas«

General Carleton^ experienced in military afaiHy ww the advan-
tage the rebels grave us over them ; he improved ity and sent Captain
Laws out at Palace grate, with a detachment of the troops to takii
the enemy in rear ; and Colonel Maclean ordered Captain Macdou-
gal to support him with a party, and to keep posaessioii of the post we
had abandoned.

Major Nairne of the Royal Emigrants, and Monsieur Dembour-
ges of the same corps, by their gallant behaviour attracted the no-
tice of every body The General ordered them, with a strong dcf
tachment to the support of those already engaged in the Lower
Town. These t^ro gentlemen mounted by ladders, and took pos^-
session of a house with fixed bayonets, which the rebels had aheady
catered, and thus secured a post which overlooked a strong battery
pn LymbumerU ^harf, and gomoianded a principal street.

The regular troops, the militia, the seainen, in short, every per<r
son bearing ^rms ^larched chearfuUy, led on by their officers. They
placed the greatest confidence in the General's knowledge, and they
lidvanced secure of victory. Colonel Maclean, the srcond in conunand,
with that coolness which distinguishes the gopd soIdier» had his eye
every where, to prevent the progress pf the attackers ; his indefati-
gability since he arrived in Quebec merits much praise ; qo man could
do more for the good of the service s every power of hif was exerted,
especially on this day. Colonel Caldwell took infinite pains with
the British militia ; by his good example he m^de that corps emulous
to appear where danger made their presence most necessary*

The seamen were under the strictest discipline ; Colonel Hamilton
and Major M'Kenzie headed the brave fellows, who b^^ved as they
do on all occasions, like British tars. The handful of Royal Fuxi-
leers, commanded by Captain Owen, distinguished themselves, and
the Royal Emigrants behaved like veterans. The French mifitia
shewed no backwardness ; a handful of them stood the last at Sault
au Matelot ; overcame by numbers, they were obliged to retreat to
the barrier.
As the Genera} had foreseen the sortfe^ made the victory e^rtu

tancet That lie Was at the head of troops accustomed to Ci!ap.
(Success, confident of the righteousness of the cause they ^I*
were engaged in, inured to danger and fatigue, and so
highly incensed at his inhumanity, illiberal abuse, and

Wie h cmt d the rebek in on all rides : they called for quarter, aod

we made pfitonertt

1 Lieotenant-colonel,
fi Majors,
8 Captains,

'i At^" ^ Not wounded.

1 Quarter-master,
4 Volunteers,
950 Rank and file^
44 Officers and soUSers, wounded.

426 Taken.

The Hower of the rebel irmy fell into our hands ; we have reason
to think that a great number were killed and wounded

The priM^n lajr, tbil if Mr. Montgomery had attacked with

the ei^ected tesolmion we should have lost the Lower Town. Little

know they of the skuation of Pres de Ville ; after the Lower Town

is taken, it remains commanded by the Upper Town.

Liberty mr Dtathf was wrote on slips of paper, and pinned to
caps.

We lost Obtain Anderson, formerly a Lieutenant in the navy ;
5 prttates kilkd* and two privates wounded.

We took at 8c. Roc's two brass three-pounders, two royals, three
howitzers, and some small shells.

Jamuary Ix/, 1776. A very great snow fell last night ; the whole
g ar riaop lay on their arms, but every thing remained quiet. The
bodies that lay outside of Pres de Ville were brought in, thirteen in
number. Two deserters from the enemy to-day, report that Mr;
Montgomery it missing ; the dead bodies have been examined, and
his, M^nierson's (his d^d-de-Camp) and Captain Cheeseman's, are
found amongst them. Monsieur Lanaudiere was ordered to accom-
pany Mr. Meigs, one of the prisoners called Major, to the head
quarters of the enemy, to demand the doaths, &c. of these unfortu-
nate nsen ; bat by hints given to him by some Canadians at the end
rf Su Roc» be Am^bt i| pmdfnt to return to town. Thewhole

Chap, the ungenerous means efnployed to prejudice them in
^^* the minds of the Canadians^ that with di)£cul^ he re&-
trained them till his batteries were re^d^'-friMa iiui^ltiag
the works, which would dffQXi thei:ft:tiie ffuj ppportu-

force of the rebels was collected between tkeir advanced ^iiard«bo use
and Menut's. Many Canadian^ had joined them in hopes of plunder*
A genteel coffin is ordered by the Lieutenant -goiFCMioii for the body
of Mr. Montgomery. ^

2d, All the last night an incessant fire was kept up fromrour walls
on the rebels at the end of St, Roc.

The people of Beauport and the adjacent parishes adciaHy believed
that' the Lower Town was in possession of the rebels. . i^i^vplunteer
comes from thence over tJbe ice to Saidc^.^u Matelot n he i^as amazed
to find himself made a prisoner. Mr. Meigs went out to*dfty on his
parole to fetch in the prisoners baggage, &c,

Sd Soft cloudy weather. Shot jand shelU thrown into, St. Roc's
Many of the prisoners^ officers and. ^pei), have beenipnoculated.

^L Theve was no di^urbaiHse in th^ i^ht.-rrr.SojE^ . ^lizz^y wea*
ther to-dayt wmd at S* W. <^p(aip^ Aaderson butji^ «vitK all the
honours of war. Mr. Montgomery in terr<?dj);-i vAtely, ?.

5th. Wind S. W. with a great thaw* Making additions to the
vrorks at Saulc au Matelot. Firing heard towards ^. Foix. Mr.
Meigs returned with the baggage in part.

jdth. Wind N. W. It began to freeze early this momiog-^-as the
sun rose the cold encreased.

7M. Wind at W. very cold. We found sonex)f llie St* Roc peo-
ple skulking there to-day ; they are confined on suspicion of having
been aiding and assisting the rebels.

It is reported in town» that the country .people were told, the day
alter the attack, that the Royalists vrere beaten out of the Lower
Town, 600 of ns had been killed, and that they had lost hut IS. mo,
and that General Montgomery was gdne through the woods to Soi-
ton for a reinforcement. : < .

Ninety-four of the prisonerst all Europeans, h«fe petHioned tale:
•nHsted in Colonel Madeao's corps of Royal Eaugnv^ ...

^SiJL Wmd at N. £. doudy, caw, blowing weashea. iThenintty*
four men who petitioned to he.enliited into his Majesty^ 'service, ssy
that their engafemeBta witb tbe nM^pait|r judcd JoniktlSUt^^

^ity of *i^ ^ple V^iigea«ce ^nd just retaliadpn, tfeat Chap*
4ri^g on a fl^g of truce hitherto unprecedented even ^ ^
jjmpng s^ysig?^^ prevented his tajdng the ordinary mode
of communicating his sentiments, that should he per,

December. Before they were §uSered to take the oath, they were
toldy that if they had determined to enlist only to procure liberty
they were wrong, and if they now repented of their intention^ thef
ihould nevertheless be well treated : they all said they would serve
the King until the first of June, and they took the oaths accordingly.
Some people think that they will all run away.

9ih. Wind N. E. soft snowy weather. There fell a very great
quantity of snow before the morning.

lOM. Wind W. N, W. very cold. Last night a great many
flashes were seen ; the guards, on that account, were doubly watch-
ful, as an attack was apprehended. They chose to attack us the
first time, in like weather; the snow drifted much; many peopk
walked in the streets this morning on snow shoes, and some folks dug
themselves out of their houses, the snow having filled up their doors.

11/i. Wmd W. by N. very cold and very dear. It drifted in the
afternoon, encreasing so as to fill the streets. Last night roclpi^a
were thrown at the Oeneral Hospital, St. I^oix, Beauport, and
round to St. Roc Some stragglers fired from the houiesin St. Roc
on our sentries. A great gun which bore that way sent them off.

Two Recollets conducted to Point Levy some Canadians who had
found means to get into tpwn after the Slst December. They were
let loose to teH their own story concemiDg our strength, and the good
condition of oUr works.

i2ih. Wind S. W. fine morning ; afternoon dirty ; nothing remar-
kable.

ISM. Bad weather last night. Palace-gate was opened, and a
party went out to cover the people who went in quest of fire-wood ;
a great quantity was brought in to-day. About nine o'clock at
night, faite fires were seen at the end of St. Roc.

liitk. Nothing extraordmary happened the last m'ght. The wind
is at W. to-day ; the cold excessive Some people think they hive
discovered a fascine battery at the end of the General Hospital.
f5M. Jt froze very hard last night ; wind S. W. to^y, UowJAg,

Chap, sist in his unwarrantable defence, the consequences
n. would be on his own head, and that if he destroyed any
more stores, either public or private, as he had done at
Montreal, no mercy would be shown.*

drifting^ cold weather. A report (which cannot be traced) prevailt
in town. The people of Montreal refused to comply with some op-
pressive order which their new masters had issued ; and that the Ca-
nadians had refused to march with Mr. Wooster to Quebec, after
they had heard of Mr. Montgomery* death, and the defeat of the
rebels.

16/^. It froze hard in the night ; a noise of hatchets heard in St.
Roc. A fine mild day. The archives brought in from the vaults in
the Intendant's Palace to-day.

17/A. Wind N. E. mild and snowy. A French girl of the town,
who had been confined by the rebels, on suspicion that she conveyed
intelligence to Quebec, found means to make her escape from them :
she says, that '^ two hundred of them have deserted since their de-
feat, and that they talk of making a second attack with 4000 men.''

We imagine that they cannot have above 800 remaining, consider-
ing how many we have taken, the number killed, and the numbers
that have left them. If they depend on the habitants they trust to
a rotten support — ^wc in the town count the peasants as nought on
the side of the rebeb. The girl infoVms us, that the Canadians
whom the Recollets landed at Point I«evy had got to the rebels camp.

ISik. Wind S. W. but cold.

In honour of her Majesty, our gracious Queen, a royal salute was
fired round the ramparts.

Palace-gate was opened, and much wood was got in from St. Roc.

A mill wrought by horses was set a going to-day. It makes ex-
celknt flour, and grinds three bushel per hour.

19ih. Cold clear westerly wind.

Mr. Motte, a . Captain in the rebel army, escorted five baggage
fleighs to Palace-gate ; he had in his hand what they call a flag of
truce, a handkerchief, or any thing white, tied to a short stick, held
up to prevent firing : he brought some money to the prisoners.

About nine o'clock at night we perceived ,a house in St. Roc on
fire I burnt tq the ground ;. wq know not if it took by accident, or
was set on fire by the rebels.

• Dsted at HoDaiid House, 6ih December.

A battery of five cannon and one howitzer was erec- Chaf.
ted on the heights about seven hundred yards from the H*
walls, and another of five mortars at St. Roc's. Owing
to their cannon being very light which could not effect

20ik. Wind S. W. with showers of soft snow. The enemy's
advanced guard-house, at the end of St. Roc, is situated at the foot
of a high steep bank ; it is covered by many houses ; we threw shells
and fired many shot at it to-day ; we saw a number of them take place^
«x houses were burnt in St. Roc last night ; they were bet on fire at
ten at night ; there is now no doubt but the rebels burn them.

21 j/. Wind S. W. mild with snow. Three of the late engaged
men deserted last night. If their report to the rebels shall be just,
they will have but little desire to attack us a second time.

About ten o'clock at night, a small sloop that lay within 300 yards
of Palace-gate, was seen in a blaze ; many small craft lay near her,
but no further damage was done. There is at least six centries who
have that spot in view, but it is impossible to discover a single person
crawling along on hands and feet ; this is their method ; they fire a
slow match placed among combustibles, and crawl away again.
We got in a great deal of wood to-day.

22</. Wind N. £.* drifty, cloudy, not cold. About two this
momiQg^some houses in St. Roc were set on fire.

A quantity of rum and molasses has lain in Mr. Drummond's dis-
tillery until now ;. part of it was got in to«day — the fire may spread
that way.

2Sd, S. W. wind, mild vreather. The covering party had a brass field
piece out to^y ; much fire- wood was brought in ; 14 houses were
consumed by fire in St. Roc ; the great blaze gave light in every
street and narrow alley in town— -the reflection of the fire on the clouds
loaded with snow, communicated an orange colour to the snow on the
tops of the houses. The stillness of the night, and the crackling of
the fire, made the scene pleasingly awful* To look into the country,
there hung a majestic gloom over all the adjacent villages.

The rebels are doing what we should have long since doqe ; but
the General was averse to hurt individuals ; he endeavoured to
save the property ol the poor people of St. Roc. They think if tke
houses are burnt, we must surrender for want of wood ; but i

N 2

ChxK aiiy bHlith, ah^ Sfceifa^ no prospect of the Oovei^nor's
"• heiAeiilng to tehtis, <>eheral Montgomet-y formed the
dfes?^ of attiafckiiig the dty by stornv, and with that
view, ht called a council of wat on the sikteeiith of De-

consider now many wooden buildihjrs 9tt in town, they wotild see
liow vain tliat hop^ is.

24/A Mild fihe "vt^^h^r, wind S W. Firing at the guafd-house
in St. Roc. Rum and moIa\ises Vi^^t into town.

A guard of 18 men, posted in a house in St. Roc, near Palace
gate ; this guard is t6 be continued every night, to pi^vent these
burning parties 'from passing towards the Cairatrie. Houses burnt
at the west end of St. Roc.

25th* Wind S. W. clear and mild weather. A strong covering
party, with a brass field-piece, a six pounder, protected the wood
cutters.

General Carletoh reconnoitered at the end of St. Roc ; he advah-
ced with Colonel Maclean attending him, within a musquet shot of
the enemy's guard-hoiise ; we know not his intention, but we imagine,
that if the wheels of the field-piece )iad not sunk in the snow, a good
account had been given of their guard-house — the rebels kept close
—-we saw tliree small parties, from ten to fourteen in each, advan-
cing from Menut's and the General Hospital ; they joined their
guard, and there shut themselves up. Our shot and shells from town
disturbed them not a little.

To-day, and for many days past, we have seen numbers of sleighs
pass on the ice from Orleans towards Ihe Canardiere, loaded. We
euppose they carry provisions to the magazines. There Was a vessel
driven on shore on Orleans last fsdl, l6aded with rum and molasses .
perhaps they are carrying her cargo cfff.

26/A. Easterly wind, widi a Wttle snow, iniM air, heavy sky. A
report prcvafls to-3ay, that Mr. 3Dumont, wTio left t^ town to be
safe in the country, was plundered at Charlebdnrg $ it is not said
whether by Canadian or New England rebda— and it is ddded that
one Larche, who fdiisbok His hoUde in St. Rt>c, was killed defending
his property from ihe like attempts at Beauport.

S^ih. WinH S . ^. veiy cold. The party cdVering the woodcut-
ters have a Bnfts lEel^-pi^e, 'fiied on rufm^rs.
2Bih. Wind 6. W« excesiively cold ; nothing remarkable*

101

dfember, the tri^orfty of them approved of his plan of Chap.
stbiiAihg th6 to'wti. Evek-y arrangement was made for I^*.
the pro^eeitioli cf the design^ but no opportunity offer-
ed fa/r i^rfki^ k into e^ect until the thi^y-ftrst of De-

^9th» Wind west, clear and intensely cold. It froze exceedingly
Kard bst iriglit ; if this weather continues but a few days, it is to be
fl'ai^d that the river will freeze up, an event that would double our
duty, "aS isoldiers, as strong guards, in that case, must be placed in
coany parts of the Lower To#ii,

SOiA. Easterly and cold morning. High wind, with snow in the
evening, weat^r milder. Some houses west end of St. Roc burnt-
Si//. East wind, dark and soft —-Getting wood in to-day — four
men on snow shoes fired on our party at a great distance ; as soon as
they saw the flash of a gun from our walls, they tumbled down in the
snowv got up and mad^ off in great haste. — Houses west end of Su
Roc on fire at nine at night.

Fthrvar^ )x/. Cold, blowing, with drift. A few men, from their
guard-liouse fired on our wood party ; we returned their fire ; wc
were at too great a distance to hurt each other.

An English woman had leave to join her husband in the couirtry ;
the rebels stopped her, and made her return ; she saw no one at their
guatd'hmiee who spoke English.

Id* Clear and cold, with a west wind. Wood got in to-day ;
in the night, a house quite at the N. W. end St Roc was burnt.

3</. Wind W. excessively cold. A covered wood party out.
Some of the re1;»els covered by fences, &c. firing on our men ; a
shdA «ent towards their guard-house made them retire precipitately.
In the nighty a small party of the enemy Were discovered stealing
cautiously ^long, close to the walls of the houses in St. Roc, in the
design, •no doubt, to pass our out-guard, and fire the houses beyond
theih. The eagerness of the out*picquet to surround them made
them appear too soon, and t6e rebels scampered away.

4^A. Wind W. cleai- and cold. By the appearance of the river, it is
probable that it is frozen over ftt the Chaudiere, six miles above.

hthi Wind W. milder t^an yesterday, with squalls, a circumstance
againet the freezing dtcr of the river.

%tk. Wkid high at W. wt% drift. Three of Colonel Maclean's
pew reora&Cs deserCM lalt iright. t(*hey ^dropped tfaeniaelves over the

102

Chap, cember, when the men were ordered to parade at two
II* o'clock in the morning with hemlock sprigs in tbbir
hats to distinguish them from the Garrison. The troops
employed, amounted to sixteen hundred men^ and were

wall behind the artillery barracks, there is a bank of soft snow facing
a declivity of 30 feet to the street below — ^thcy slid down the face of
tliat steep into St. Roc. If the sentry had done his duty, who wat
posted not tliirty feet from the place they dropped from» they could
not have escaped ; three of the same people are confined for hinting
their intention to follow them.

7M. Wind S. W clear and cold. Last night we discovered fire
at the west end of Sr. John's suburbs, three houses were there con-
sumed* There is a great quantity of cord wood that we may easily
get from thence. The enemy's old battery commands these suburbs ;
some people say they saw light in it last night, and armed men at the
end of St. John's ; our guns command that street.

8/i. 'i'he night was quiet. The morning is soft and clear. Lit-
tle or no wood to be found now in St. Roc's ; the sncw covers the
picquets Three men were seen on the ice bending their course town-
ward, a party from Beaupon, on snow shoes, intercepted them, and
carried them along with them.

Major Nairne, with thirty men> guarded St. John's suburbs last
xught.

9ih, A heavy wind at N. £. with much snow ; the storm hourly
increased until evening, it blew a mere hurricane— -nobody could hold
his face against it a minute. A sailor is missing ; if he attempted to
desert, he must be lost in the snow ; in spring he may be found un-
der the snow in the street ; in some places it has drifted 20 feet high.

lOti, Wind still at N. E. and very little moderated ; the streets
are absolutely impassable in many places without snow shoes. The
first stories of many houses are under the snow ; the windows of the
second level with the street, and serve as doors. About eight at night
the wind fell suddenly and It ceased snowing.

IIM. Cold westerly wind. A man [the new recruits called him
Captain Felton] carrying a white napkin on a stick, was allowed to
come close under the angle at the two gun battery ; being asked what
he wanted, he said " he had letters from Mr. Abbot and Mr. Schaulk
of the Royal Artillery for General Carleton }'* the sentry told hiixi>

103,

divided in four detachments ; the first division under Chap.
the command of General Montgomery, was to march ^^*
by the way of Wolfe's Cove and along by the Ance dts
M^res ; Colonel Arnold's division was to make an at-

that the Governor should be informed of his message. Colonel Mac-
lean was seat to tell him Co return as he came ; for that no letters «ior
neesage could be received through that channel, and he was ordered
never to attempt a parle of this nature for the future.

12th, Wind S. W. a fine moderate day ; great working parties
employed in clearing the ditch and ramparts of snow ; one could
walk throMgh the embrasures into the ditch on snow shoes, although
the foot of the wall is in these places 30 feet below the guns, which
lay entirely buried.

ISti. A fine moderate day* All the officers and men off duty are
on fatigue to day. Above a hundred of the prisoners are sent sick to
the hospitaL

l^M. Wind at*S. W. with fine weather* Eighty loaded sleighs
pasnng towards Menut's. Two field-pieces placed at the door — peo-
ple passing ard repassing between that house and the General Hospi-
tal. Some of our shot went through Menut's house ; we fired a long
time at that object, at last we perceived a man coming towards the towa
in a cariole carrying the old signal ; he passed their guard-house, and
waved with his handkerchief; we took no notice of him, but fired
away at Menut's ; he turned about and went back. These people
have been repeatedly told not to presume to approach on any pretence
whatsoever. Perhaps they find Menut's too hot for them, and wished
to remove somebody or something from thence, and, in hopes of amus-
ing us, sent this man with his flag.

Three of the Royal emigrants are missing to-day ; two of them are
of the first raised, the other is a new recruit.

There has been a great stir among the rebels within these four and
twenty hours ; three huzzas were distinctly heard last night from about
the General Hospital. This afternoon near a hundred people were
seen at a house a little more than a mile from St. John's-gate ; soo^e
hanre been seen in their old battery to-day. It is imagined that they
intend to set fire St. John's suburbs.

Jt is suppoied by tome that they have been reinforced from Mon-

104

Chap, tack by St. Hocdc's, and advance by the Sa^lt aq Mate.
^ _• jot ; Colonel James Livingston at the head of his Cana-
dians, was to mak^ a feint at St. John's Gate, V^hUe
Major B^wB, should C4\^se a diversion, by making qn

treal. May be they have had accou)it8 of a strong reinforcement by
way of the Lakes, and the news has been received with three cheers ;
but if they wait fer reinforcement by way of the Lakes> they will
remain too long near Quebec for their safety ; but we shall sec.

I5ih, A dark lowering morning, with a cold wind at N. E. The
sentries on the walls discovered light on both sijes of the street, in St.
John's Suburbs ; a little while after, the flames burst out at the
windows, and six houses were consumed ; we fired some random shot
among the houses ; not a soul was to be seen.

IGth Wind westerly, a fine day and mild ; a very numerous party
clearing away the sbuw from the foot of the wall near Cape Diamond ;
even after this day's labour, ladders of 1 4? feel would reach from the
top of the bank of snow to the embrasures in some places. About
ten o'clock last night the rebels set fire to two vessels lying on the
beach at St. Roc, and also to a house in St. John's Sul)urbs, biit
neither burnt. In the evening a twelve pound shot from the rebels
fell in St. Lewis Street, some say from the old battery, othera think
from a guard-house west of St John's Suburbs.

Six of the rebel prisoners, who were at their earnest request hieor-
porated with Colonel Maclean's Corps, deserted last night ; the re-
maining 84 were put under close confinement. We took them rebels^
and their inclination is to join their party ; it is hard on those wh<^
wish well to our cause, but as we cannot see their hearts, self preser-
vation dictates to confine them.

Some people have been seen on the old battery to-day ; a roan ir-
green (supposed to be a deserter from us) was observed pointing to-
wards the walls at Cape Diamond.

A volunteer picquet is established at the Recollets,

17/*. We8terlywind,aKttle cold, with fine clear weathefj som-
well directed shot fired at Menut's.

The extra picquet is ordered to assemble, at- Mr. Cc^ns's and Mwr-

Drummond's, being much nearer the ramparts than the RecoBet^

A smoak smii intheeluiBneyofDr. Mabane's count ry^iouse, ainil^

105

attack at Cape DIatnond. The tw6 latter were order- Chak*
ed*to make sigaals, that the several divisions might com* II*
mence an attack at one and the same dm^. The Roc-
kets had been no sooner thrown up, at five o'clock in

and half from the waUs. No sigirs of people have been seen there since
Deceinber last. We fire4 some thirty two pound shot, which went
oTer all.

IM, Exceeding cold westerly wind. Nothing remarkable hap*
pened last night. A few random shot fired into St. John's Suburbs*

About ten o'clock this ni^ht the suburbs was set on fire by the re*
lelsy and seven houses were consumed ; some musquets were fired at
our sentriet ; tbey saw no body.

Memit's is a great rendezirousy probably it is head.quarters9 there
is a white ilag flying on the house.

IM. Fine moderate weather, wind S. W. All the guns in the
garrison ^were scaled to-day ; there is 112 pieces on the walls, with
mortars, royals, and howitters.

The fcdKubsof St. John's still on fire.

20fA. Westerly wind, dear and ookl.

Atten at night the house nearest to St. John's gate but one was
set on fire*-oobody was seen, though the distance is not above 50 pa*
ces from oar sentries on the walls. A great many houses were fired ;
the ^rfaofe subuibs is now nearly consumed.

2ist A cloudy lowering mild morning, with wei^ly wind A-
boiit aefeo o'clock a party of J 00 men, under Mapr Nairne, took post
in St John's suburbs, to prevent the remaining houses from being
destroyed. In the forenoon twelve shot were fired from the enemy's
guard-house west of St. John's suburbs | between that and the town,
the ground rises to cover the houses, so that their guns must be highly
elevated to throw shot over the walls.

Their old battery commands St. John's Suburbs ; we saw two men
onttto«day. If they had gunstliete, they would certainly fire on
•or partic

Fired at their guard-house, and at Menut's ; threw also some 10
tad 15 inch shells well directed Two men came from the Caoar*
&re towtfds Sault aa matebt, they stood at some distance, seemingly
afraid to advance; anofBcer was sent td conduct thiOiin, but by

106

CttAtp. die mornmg of ttie thiity-firsty trhen they were percei»
^ ^ ved by ^ apt Malcolm FVaser of the Emigrants, who
beat to arms, when the whole Garrison, repaired to
their several posts with the greatest alacrity. Geiieral

^ome mistake ou^ sentries fired on bim, and these two men ran awty.
Til the erening llOmeny under Colonel Caldwefl, reUeted Major
Naimeyin St. John's Suburbs.

Kd. The iveather was mild Int night and vtrj clear } the northtm
lights were eijual to a moon ; all was quiet ; in the morning the wind
got to the N. £• and brought cold. A great qutatity of fire-wood
was got in at St. Johin** Gate to-day.

25^. We^t windy lowering cold weather. About fear this mor«
ning we heard the enemy'j drumi at Men«t't» St. FoiXf &c. Sentries
saw rockets in the night. The picquet marched out at St. JohaVgate
before dity light, and took post to coirer a woodis^ frntty for the day.

^^. Wind S. W. fine moderate weather. Last night a deserter
from the rebels was drawn up by ropes at P6rt Louis. He reports
that '< General Clinton commands^ and that he his had aineinforce-
roent of 400 men from Montreal ; very iew ar^ left at that place. A
reinforcement of 3000^ uiid^ Genend Lee* had been on their march
to this places but a second order obHged him to march to Loog-Island
to attack Gofembr Tryon, who was there totrenchiog himself with
three or four thousand men, including Neg^roes ; he lays some tians*
ports had arrited at New-York with foreign troops.

** General Schuyler had also received orders to nnrch to Canada ;
he Ao had been countermanded, and ordered to attack Sir John
Johaston, who waa at the head of 500 men, with some Mohawk In*
dians, at Johnstown Some small bodies of 20^ 30, and 40^ had arri-
ved at Montreal, and Aat the Lakes were nK>re passable on the ice
than they had been at the same season for twenty years past.''

He has also told us, ** That it is reported in th^r camp^ that it is
die orders of the Congrats to break the first officer who shall propose
t6 storm Quebec i nevertheless 800 ladders are ordered to be made»
they wiE bt ready bdfere the reinfordeflQient arrives*

^ A gveit HMuiy womeo and chHdreli (Soldiers wives) perished ia
the now, on their way oftt the Ldkea. All the Gtntitaien who
teak-ains under Xkmmor Carieton^ are otdered to deliver up their
commisfioas ; onrefusal* they are t^ be leat priiMen to Harcferd j

M^Otgoxx^ery with his djvisioa q^i^sdog of sevea hi^- Qua,
4re4 aad fifty, advanced with mint to the attack of die ^I*
Pot AfiJtiy fortified by a barrier across the road, at whicji
wi|& placed s^en three pounders, and defended by a Cajp-

be nji tbii it cootrary to their capitulation. The friencU of GoTern-
fluent bsick of Ppunpylvania had be«o beat by the rebels*

** fSrofarnov Duamore's i^g hmnJk had been let loMe^ and bnrned
Norfolk and Williamsburg.
. << Two Uiousaod isen in 8a9tb Carolina ia arms for Government.

^ TheivbdU )u|ve g<^ down 16 pie^s of cannon^ the heaviest 12
ypa94mra

<< Duggan, the barber, imagining chat his services have x^ot been
frimfdad^ h«s |^hi for Phibdelphvi to lay his menu open to |he Con .

■ glCiPC*

Kih. Wind at ^. £ warm 4pd pleas^t. The rebels threw six
•AACt V% poim^frfy into town, from their guard*house west of St.
JUin'a Sttbiirb^. A great quantity of firewood got in to^y.

Forty-nine ment with musquets and knapsacks, seen marching up
en the P<nnt Levy side^ followed by many sle^hs ; all the Countiy
^oond'ieemsiii motiop.

Kih* Wind N. dark sleety moderate weather. The whole garri-
son lay on their arms la^t iiigbt expecting an attack ; every thipg in
tawn -Ktmaiiied quiet. By the continual and general barking of the
dogs in the Country, there certainly was some movement among the
irebek. A man sent to Orkans, to return in three days.

27/A. Wind S. £. close and sultry. About five o'clock this
miming signals seen in all the parishes round about.. Two men came
80 near the walk at Cape Diamond, as to be heard distinctly call. Good
mmrpWi GetuUmtw. Drums were heard, and a regular platoon firing^
towards St. Foix.

Vmks in the tone of hoitting great weight were heard from behind
ftcrebd's battery.

28fA. S.E. wind with soft snow— -a thorough diaw. Everything
vsnaiped vety qoiec last night. A Canadian came in at Sault au ma-
tdot I he says iio is but IS days from Cbambly. CQlonel Madeaa
Uewluai tliert, andreviarded hiiafor some services. *

O 2 ^

108

Chap, tiun of Canadian Militb with thirty of his men. Captain
1^* Bamsfare and nine seamen, and a corporal and eight of
the British Militia. As soon as the Americans were
advanced within twenty-five yards of the Guard House,

He is a well-wisher to Gorcrnmcnt ; and willing to be of all the aer-
yice in his power » he rentured to town to inform General Carleton,
" that he had learnt that General Amherst was at New-York, with
1 09OOO men, from England*

** A person had been sent after Mr. Montgomery's death to take
the command of the rebel army ; he remained at Montival only two
days ; he went off, declaring he would have nothing to do with mi^n
who had not krpt faith with the Montrealipts.

** Near 200 sleighs were sent over the Lakes early in Jamiary, ♦to
bring over the baggage of the expected reinforcement ; after waiting
near a month the sleighs retmned with 1 60 men.

** The affair of the SIst of December lessened the number of tk«
rebels 750 ; those who remain are afraid to remove, since the Casa-
dians have threatened that they will cut them off in their retreat if they
do not make a second attempt on the Town.

** It was industriously reported in the Country, immediately after
the attack, that we had taken 60 Canadians prisoners, hanged them
over the walls, and then threw their bodies into the ditch.

** They little knew the Canadians, if they imagined this treatmen^
would spur them on to revenge.

** The Canadians patrole in all the roads leading to town, to pre<-
▼ent any person from getting in.

** General Amherst has summoned the Congress to deliver them-
selves up.

** Orders from the rebel General to the inhabitants round Quebec
to provide quarters for 7000 men.**

29M. High wind at S, W. with hard frost ; every thing quiet last
right. Armed men, with knapsacks, walking from Beauport to the
General HospitaL

^ March I . Cold N. W. wind. The voluntary picquet very strong
last night. Some people seen on the other side St. Charles's river,
opposite to Mr« Drummond's distillery; we fired the 24 pounder behind
the Hotel Dieu at them. About seven o'Clock in the evening, a house
under that gun was perceived to be on fire in the roof; it burnt in a

the orcier was given to fire on them, which was done Chap.
with so much spirit, that in less than ten minutes, the ^ J^
Americans were compelled to retire, with the loss of their
General,* his two Aides de Camp, Captains Cheese-

* Oenenl Richard Montgomery , wt« of a respectable family in Ireland, and
'nearly connected with Lord Vitcoant Ranebgh of that Kingdom. He had been
an officer' in the service of England, and raccetsfully fooght her battles with the
immortal Wolfe at Quebec, where he fell is arras against her, and was oniTer-
sally lamented by the Americans : He married in America, Mist jfanet Liring*
aton'; daughter of the lite Mr. Justice Livingston, of manor of Livingston, In
&e Province bf New- York, a gentleman of distinguished virtuef, great literary
endowments and of large possessions: Monegomery resided at hit estate when
the unnatural war commenced.

ihort time toithe grround ; some think that the wadding fell on the roof,
and that the wind blew it into a flame ; others imagine the rebels may
' have set it on fine, in hopes that the ^ames would spread to the
disldlleryy'from thence to the picquets above, and su to Montcalm's
house,' from' thence the conflagration would become general.
, .. ^ Tpwards the evening six or seven musquets were fired on our
out seutrjes at St. Roq.

The man sent out the 26th has not yet returned ; it is believed
~ that'Kehas been Intercepted by the Canadian patrole.

SJ. West windy clear and excessively cold The volunteer picquct
will not ccmsist of many while the moon lights us all the night. Between
teven and eight in the evening, three ofthe Royal emigrants deserted ;
a party was sent to trace them in the snow ; they were too late.

4/i. Last night we made signals at the Cape Diamond by rockets.

It thaws very much to-day ; the wind is' easterly.

A rocket at Point Levy was answered by a gun at St. Foi,

A £itigoe party cutting a deep ditch in the snow, feeing the cur-
tain at C^^ Diamond. In the evening we threw some fire-balls from
-a mortar ; they g^ve a great light ; a combustible composition was
hmig over the angle at Cape Diamond; it burned well, and threw
- great light around ; v^hen it was almost consumed, petards and hand-
giemkles, fixed at the bottom of the ball, scattered balls and fragments
of tnm all around.
' 6tk» Sttbof wind at N. £. with a heavy sky and cold rain.

Thia^iioniiiig we discovered a red flag flying at Lynd's Mill, and
another it St; Roc's guard-house ; we suppose that it is in comme-

man and M^Pherson, t and several of )|is men* Cokmei
V ampbell, who succeeded to ihe command oi^ the deaitb
of the General, perceiving the confusion, reUnqu^h^^
the attack and retreated with the uiny>st precipitation^

t Macptenn was a very promUiog yov^man, whoae fathtr rptiMat
PJuladolphim and had made a cooiidarabk fbrtuM by Pitvaiaeriqf ; tliif |;fpt|e*
man bad a bfocbtr in the ' 6eh RaginMnt in tha Bq^liih ftrvice, at tbf (ime ^f
Motttgomary't ezpadition into Canada* and wbo was at Tioleot in fatonr of tha
JBngUih Govanmtnt, aa tbn Gaoanl'a Aide de Camp wa# anthusiaatic in (l^a
canae of America ; the latttr had accompanied hit Gen^ a day or (WQ p^«
fnatotbtatt^inwhifilichaybodiloatthtir lifeitto naw and meditat* on (h^
•pot whtra WoUt had fiUIen : on hit racnrn he found a letter from hit brother,
the Englith officer, foil of the bitterett reproachet againtt him for havini^ en(er-
pd into the Aniertcan tervice, and containing a pretty direct with, that jl he
would not abandon It, he might meet with the deserved late of a rtbtl. Tbe
Aide de Camp immediately returned him an auwer in defanoe of hia eondncl,.
by no meant attenpciog to ahahe the opposite principles of hit brother, hit
lull of eypwuient of hindneit and aifectioo ; thia letter hedated,^** from the
ipot where Wolfe Ipst hia life in fighting the caote of Enghmd, m frumdtkj^
wi*Ji AtmrUm,** Thit letter had tcaroely reached the officer at New-Torit, bo»
fore it wat followed by the newt of hit brother-t death ; the effect was instanta-
neous, he quitted the Englith tervice, and entered into that ef America.

moration of the 6nj on which a Boatoa mob coamittc4 toanj outra-
ges ; the magittrates were forced to ciU in the Qiilitiiry to protect the
ciTil power^ nod nsaiat the peace oticers to dispcnc the rioters, {n
the height of the «caffle» iolBe jMople, perbapa the inapcent, were
unfortunatdy shot in the itieetf ; that traneactioo if called the Bioody
Matsaen^ and said c o have been planned by a bloody Miaietry.

It is the interest of a &W of their demagogues to keep the aiinds
of the people constantly inflamed ; aod> for this purpose, studied
orations, addvesied to the passions, are yearly pronounced in all that
gloomy solemnity whidi pleases and {beds the melancholy of a true
MewEuglaod Saint. Their pastors paint on the heated inugiaftiQu cf
their canting flocks^ the most dmadfiil pictures of ministeri^ tyrmmiT*
Children are uug^t ^hat the only road to frsedpq& in this sForld, a^
h^piness in the nest, is to <?pp0se every power that 9hall preund «>
controul them : God gave the wilderness, by their blood they aaniu*
tained their r%ht, against the accursed of Hft^^» the IfidiaQft» who
pveteuded the land was thcim Itom dac Cieatkto of the 1^ God

AxKotD'i division condisting of about dx
miMli tmtcked the city by the Saiiit au Mateloc, and sur J^
prited the |B:uard tliat was posted to defend the
tilt Ga^sin of which beiag dnmk, surrendered

ibaglft fer then tben $ God %htf for tliem now, and will oveithrow
tht 4l<Mmiiion df a wicked people^ who wonld fain efnlave theflu''
Tut 11 dietf hngoage to their childmi.

It il ftof^Bci to raiie a company of inTalids in towtt. The a3-
mentf of tome peopk incapacitate them to mount gruards ; others, in
ferfect lietltli» make oomplaiats of indisposition, and sleep soundly
in tlieit* beds while their friends watch.

8«efa as aie able to bear arms, whose laziness (or whatever motive
more reprehensible) induces them to sneak meanly from their dutyt
WBI be drawn forth to puUic view, and ranked with the invalids ;
such jpebpleWiH serve as sentries wheivthereis no danger, since no
telily fiseHil^ can stidmhte them to do the duty of good soldiers, ia
eoBJtto^tion With their fellow-citifeens. But neither their attatchment
to his Majesty, nor the least sense of honour, can move such beings*

At night it hailed and rained. One of the prisoners in the Recol-
kts was put tinder close confinement to. day for abttsing the sentry over
him, and for uttering many itnphid^t threats* ** In a few days,"
asid h^, ^< it Will be my turn to stand sentry over you, and then I
itAo^tow f wiH use you/'

eiM* It rained in the night. The wind is S. W. and it Muns still $
dierefs ifo talking in the street, the i4sings are 06V«i^ with iee, and
in eveiy boilow there is a pond of Wikter.

7ti. Wind S. W. variable weather. Every dlty that the wenther per^
miti the pet)ple to work, strong parties lireemj^oyed cutting trendliH
lb the snow, outside of the walb.

About 90 itieb have been seen about TAncedes mere ctrrying ot
bflWdftsM timber I ^ piarty of 5K> went out to^y to reconnoitre ; tbtf
<^# Il vg^ ik tft^QArk, who ran away.

\ l%eyaaw a tnaii Was kiHed on the heights to-day by a ball fmm
otte tf ^turwall pk«<s. They sauntei>tbree,four» or five at a time>
within 4t or 500 yards of our walls. A discharge of grApe-shot gene"
ilily !Bttltea tili^m teamper.

Aseotf7W»flxed6nmind9t SOf^thigh, v^tliisday«et upon
dteli^ieitSiltdFtiilKrlttpMsnCspebifta^ from ditti6t we

112

Chap, making any oppo6iti6n. At this monient, Ahiold recei-
II • ved a wound in the heel, which obliged him to relin^
quish the command, and he ¥ra$ carried off to the
General Hospital. The division, however, pushed on

can see every thing that passes on the St. Foix road, and all round us.'

They hung out their red flag again to day, near the St Roc wind
mill ; it is a squat blanket, bordered with black tape, and sonne people
frightened out of their senaes, say» Mm DUuf c^tti U Pavilion tan-
giant !

Sth Wind at S. W. a nnild morning. The small red flag, with the
black border, is up to-day. About four o^cIock this afternoon^ a
foolish fellow, one Robitaille, came in from Lorette ; he knowa nothing.
It snows this evening.

At nighi, two men, Lamotte and Papinot, Canadians, crossed oa
the ice from the Island of Orleans. It was with much difficulty they pas-
sed the habitant patroles ; they are anxiously careful to let nothing get
to town. At every quarter of an hour they pass each other in bands,
between the Point of Orleans and Beauport.

Lamotte is 1 1 days from Montreal, and only 30 days from New.
York. He has lately been in New.£ogland ; the news he brings is
very chearing to the King's faithful subjects.

He reports that '* the rebels had n^ade a desperate attempt to storm
Boston, in which they lost four thousand men, the greatest part of
which fell through the ice. The Colonists seem dispirited, recruits
are raised with difficulty ; he saw many of them on their way to Cam-
bridge, sickly, and ill clad. The want of woollens is already severely
felt all over the Continent. The reinforcements for Canada assembled
very slowly ; between 400 and 500 have arrived at Montreal | few,
or rather no more, are expected soon. A hundred^ better appointed than
the rest, marched to garrison Quebec : when they arrived at Montreal,
aod found that we were likely to continue masters of that strong hold»
60 of them went off, and 40 laid down their arms, declaring that they .
were willing to perform the service they engaged for, but that they
would not serve in any other capacity than gpiards for the City of
Quebec.

^* In a quarrel among the rebels, at Montreal, five were killed in
the streets, and seven or eight sent wounded to the hospitaL

<< The rebels are 19 stonn the towa on thie 15lli of this nonth.

ko fulpther . barrier, where they were so warmly recei*
ved ths^ they were compelled to retreat, with which ^
Ge{ierai Carleton^ being made acquainted, he instantly
ordered Captain Laws with a detachment to make a sor*

Money is very scarce among them $ the Canadians do not like their

paper.

** Moses Hazen (formerly a Captain of Rangers^ prefered by
General Wolfe for his bravery to command on scouting parties of any
consequence) accepted a Colonel's commission in the rebel army,
though then a half-pay Lieutenant in the British army ; he has raised
150 Canadian recruits. Edward Antil, who practised ten or twelve
years as a lawyer in this province* is his Lieutenant-colonel. John
Wellsy a merchant of Quebec, is Deputy Commissary-general, acts
for Price, the Commissary, who with Walker, the noted Justice, it
gohc( to PKilade^hia, to give evi<lence against BHgadier-general PretM
cot, accused before the Congress of burning Walker^t house, and
for confining him in irons. The gentlenien of the militia, who re-
fused to give up their commissions, have been sent prisoners to Cham-
bly, among whom are^ Monsieur D— -^, and Monsieur D— — «, and
Mr. d — i-. Deputy t'ost-master.

He heard nothing of the troops which ChabA't reported to have
been landed at New-Vork^

Our sentries on Cape Diamond hear working parties in the night
about Wolfe 's-cove, or nearer ; some people think they are building
floating batteries and batteaux, to pass Pris die Ville, and set fire to
the shi^lping in Col de Sac, and in the confusion which a coup of that
kind might occasion, come on the bs^ck of F^reai iic Ville and Sault
an Matelot $ or perhaps they are preparing platforms for the 16 guns
tbey have got from above.

For some days past we have seen many small parties marching and
Countermarching between Beauport and the General Hospital.

The men who have shrunk from duty this winter, were to-dar
paraded, 180 in numoef, lOO of whom were found verv fit for ser-
"nce in case of an attack ; they Were enrolled, .and armed, and put
Under the command of Captain Francis Joseph Cucmet. This mora*
log before day-light, we saw many flashes, and heard reports of mut*
q^ets on the ice, ahput half way between Beauport aiidl the town $

Chap* tie by P^dace Oftte» when finding themselves henuned in
^ ^ both ways, were compelled to surrender, to amount of
thirty-two officers and five hundred privates* The gar»
rison in dieir several attacks had in att ten men kiHed

]t is probable that some people endeavouring te get to town, have
been discovered by the habitants patrole, pursued and carried batik*

9ik. Wind to the northward of ivest, cold and clear About two
inches of light snow fell last night $ the river is not very full of float*
ing ice ; the outermost vessels in Cul de Sac have their stems free.

People have been seen at the rebels battery to-day ; a workiqg
party throwing up an ice bank to obstruct the enemy's approach to
Lymbumer's battery, in the i.ower Town.

114. pieQis of cannon on the wall to-day ; none under six-pounders
are counted ; there are a ttUmber of small guns^ grasshoppers* 8wi<*
veb» mortars* howitzerSi ^nd cohorns.

IQrA. Wind wepterly* <Jear and cold. Ficquets ordered to assem-
ble as retreat beatinff.

The drums beat to anns* and the bells rang the alarm about ten at
flight ; the picquets were instantaneously sent to reinforce Cape Dia-
mond. In. a few minuteathe pSuade was full of armed men* who
impatiently waited for the word to march ; but in less than a quarter
of ao hour they were ordered home again. The alarm was given by
<mr out-seutries at Cape Diamond ; they saw a body of about 200
men advancing slowly.up the. hollow* from PAnce de Mer towards
the heights ; on hearing a noise of voices on the ramparts* they hal-
ted a minute* and filed otL

Some people suspected that the prisoners would be very trouble-
some on an alarm i both officers and men behaved very properly* they
puf out their lights and went to bed.

IIM. Wind W. cold and clesu*. The General reviewed the Bn*.
tisb militia on the panide ; their arms were found in excellent order.

A deep and wide trench was begun in the ice* from the Qomer o^
Lymbumer'swfaarf toward* the river where open ; and a trench was
begun fiidng .the curtaiq* nesur Pott Louis.

Fire-balls where hung out at the angles* two were lighted* they made
a great blase* and shewed- every things in the ditch* and made the
faces of the btitions very perceptiUe. A sailor attempted to desert

abd tlnMe^ wouflded; amcmg the farmer was lieut^UAt
Anderson of the Navy, who acted as an officer on shore. ^^*
llie Americans lost about one hundred men* After
l^his disiaster they were at a loss whether they should

from the Sault au Matelot guard at night. Our out sentries near Pi*
lace gate stopped him.

J2ik. Last night there fell near a Soot of snow, with a N« E. wind ;
it blew hard at N. W. in the afternoon, and cleared up Some of the
^els have been seen sauntering about the heights to-day; these strag*
glers fired at a distance on our working parties withonty but did not
reach them*

IStk, Fine jclear day, sharp air, windN.W. It is whispMd a-
broad to-day, th^t the Upper Country Indians have an intention to
inarch down in ^ large body to the relief of this place. I*hi8 himoUr
pay have ojriginally sprung from their own declaration, though we
jcannot trace it. Colonel Maclean sent Captain Littlejohn^ with 17
^amen, to reconnoitre towards I'Ance des nters ; they got near a sen-
jtry, who rolled himself down the hill, an^ alarmed about 100 men be-
low, who aljran awa|r } we fired on thehi, and some of thhn halted
^o fire on us ; no body was hurt on either side, thougl^ soioe of oUr
people pretend that three of theirs dropped. We talk of fitting out
two batteauz, with brass six-pounders in their bows, to discover whft
the rebels are about in WolTs cove. When the wind is from the west,
the river is quite clear of ice on the Quebec side.

The men engaged with Colonel Maclean, st||^pected of an intention
to desert, have been removed from the RecoUets, to a stronger place
ia the artillery barracl^s, and thpse who have been prisoners since the
31 St of December, are confined in the Dauphin barracks.

14M. Easterly wind, heavy snow. About five o'clock this evening,
^n officer in blue, with buff facings, with a drum beating before him,
advanced from their gusfrd-house at the epd of St. Koq ; he held a stick
with linen flying at the end of it ; we suffered him to advance under the
^ngle at the two gun battery : he said he had fette^ for the Governor*
The General was informed of the man's mesiuige : he sent his nfiajor of
brigade to tell him^ he could not be heard but in imploring the King^f

CnAf. return back to the Colonies, or continue the blockade.
J^ ^ It was at length determined to continue the siege, and
they regained their former ground to cut oflF all com-
munication between the country and t^ie city. During

percy. Then, sap he, what am I to do ? Return from whence you
came, said the Major ; he went off accordingly.
' IStk. Much thaw--^ fine day — fitting out two batteaux. A ca-
noe was sent withCapt. Laforce on the look out ; he kept pretty
much to the other side of the river ; two habitants hailed her ; they
asked if thqr might with safety go over to town ^ being answered in
the affirmative, they said they would be over the next day.

Two Canadians arrived in the night from Beaumont in a canoe f
they represent ** that the Canadians below Point Levy are ready tp
take aims to drive the Bostonians out of the country ^ they say the re*
bels have no money, and that they hang their heads ^ they have long
beat up for recruits, and they have got together about a hundred of
the dregs of Canada ; they have erected a battery at Point Levy, op.
ppsite tQ the Cn^de sac, where they have a howitzer and one gun
mounted. Provisions for 1000 men have been lodged in different pla-
Ces to supply that numjjer daily expected from Montreal.'*

I6tk. Wind N. £. There fell about two inches of snow last night ^
nothing remarkable to>day except the very heavy rain.

17/^. It rained all the night. This morning the wind shifted to
S. W. and it rains still. The Beaumont men say, that the rebels
' .|>y way of detering the Country people from attempting to go to
town, say, ** that the plague raged within the walls, and the garri-
son died in great numbers daily.'' The voluntary picquets in the
Upper Town are very strong every night ; every man not on guard
sleeps there in his clothes with his musquet lying by him, ready at a

moment's warnmg. Captain Harrison and Captain Lester's compa-
nies do duty in the Lpwer Town, Every man in the garrison wishes
. ardently the approach of the enemy, confident that wq shall beat
them from the walls with great loss to them.

Some of the Canadian Royalists at Point Levy ^few then* are, it
is feared) told the rebels, in answer to their questions concerning the
ekvated sentry-box, or lookout at Cape Diamond— << It is a Wood-
en horse» with a bundle of hay before him ; General Carleton has
said, that be will not give up^e town before that horse shall have

117

|;he winter, reinforcements of troops under the command QvLAv,f
of General Thomas, arrived from Montreal, and in the I'*
month of March, they erected several batteries made of ^^^g
ice, and mounted cannon, which did little or no e^Q-

j^te up all the hay.'? Six of tl^e Canadian militia refused to do duty
on Drummond's wharf ; some said it was too dangerous a post;,
others were afraid of ghosts ; they were sent prisoners to the main-
guard, and to-day they were exposed to the view of the rest of that
porps and reprimanded.

The Beaumont Canadians returned in the night, and carried some
of our lately printed Gazettes } they will endeavour to be back to
town soon*

From the look-out we saw about 500 men drawn up before Hoi-
land-house, and about 200 at Menut's

I8ik, Wind S \y. thawing mild weather , in the evening, the
wind changed to N. C. raw and dark The fiatteaux are r<:ady for
launching. Too much ice in the river this evening Many men
seen about Holland-house, and all along the St Foix road.

I9th* WindN. £• with snovyr and rain ; in the evening it cleared
up at W. Two batteaux and two cutters were sent up as far as Sil-
lerie to reconnoitre. Major Nairne and Captain Owen went as far as
the hill above I'Ance de Mer, but saw nobody. The Bateaux dis-
covered nothing,

A batteau crossed over from Sillerie to day, a heavy body was
hoisted out of it by a gin — probably a cannon for the PouiC Levy
battery. A body of men seen near the old battt ry tu-day. There is a
liae of sentries closely posted quite across the plams of Abraham,
from the Coteau at St. Roc*s to the River's side, to prevent any per-
9op from getting near the walls, and to hinder desertion into town.

20/^. A gentle easterly wipd, rather cloudy. A number of men
were discovered about four o'clock this morning, by our out-sentries,
pear the end of St. John's suburbs ; they did not approach *, our pic-
quets were drawn out to be ready to oppose the first onset Twelve
horses seen drawing some heavy load towards Point Levy battery.
We heard a gun scaled about St. Foix. Three canoes crossed over to
Sillerie ; there is a market kept there. The place where we suppose
they are Greeting their battery on the Point Levy side is abopt 60O

118

Chap, cutioa. On the twenty-fifth of that month Monskuv
IL Beaujeu, assembled a party of Canadians, with a view
of compelling the Americans tq raise the siege ; the par-
ty, however, was too inconsiderable to effect their der

yards from higl> water mark, and thence to tHe high winter mark on
this side 1 100. Very variable weather to-day

21 si. Wind N. W It f^ze last night very hard, and it still conti-
nues. Seven canoes, nine men in each, aec;n crossing to SiOerie

22J. Wind eastetly, cold and cloudy ; we plainly perceive peopJeat
work on the otl^er side ; we see earth thrown up by men not in view, an4
we can plainly see some driving stakes. We are busy laying platforms'
and mounting some great gruns on the Grand battery ; we &ave cleared
away the snow from some thirteen-inch mortars ; we fired some shot,
^nd threw some shells towards the enemy. From the situation of thei^
battery, we suppose they intend to hurt the shipping, and to batter
Pres de Ville and Sault au Matelot, if they have heavy metal* which
we doubt. At any rate our fire must be infinitely superior to theirs.

23d. Last night was very dark ; we looked for an attack ; the wind
is still easterly. The wood yard is empty. Nothing remarkable.
It snowed to-day.

24/^. It was very dark last night ; to-day it is cold, with a gloomy
hard sky, though the wind is N. W.

25th* Wind N W. excessively coId> clearing up. ChalK>t» who
came to town lately, gave us room to look for an attack between the
15th and 25th; we have always been ready to receive the rebels.

We communicated orders by signals ; at two in the morning* bla-
zes on the look out, were answered by rockets fro^ the AltiQerv
barracks at three. • t

26ik» It was exceedingly cold last night. About two in the mor-.
ning the rebels lighted a fire-ball at their guard-house, west of St.
John, and fired a musquet.

We threw some shells^ and fired some heavy shot, at a large pile of
fascines^ which we suppose to be part of the Point Levy battery.

We perceived a pa^ty from Beauport to intercept two men walking
from the Point of Orleans towards the town.

Laying platforms fo^ some thirty-two pounders to flank the cnemy^s
works. A great body of men oeen at St. fqis ; heard three chears.

lid

^gii, and the Americans recaving inforniiation of his Cha!^;
o^ect, attacked Beaujeu and routed his party^ J^*

On die tUiNl of May, finding the river clear ef ice.
The Americans prepared a fire-ship, in hopes of bura-

STfJK S» W. windy and mUd. All was quiet last night. At
tliree this moniingt signals by rockets from Cape Diamond, answered
from the twto gun batteiy. The large farm-house at the Canardiere,
which served as a guaidxhouse to. the rebels, burned this morning to
the groiwuL Vbnj armed men on the Point Lerf sidew Canoes and'
boata fiequently crossing the river above the town.

Ntiiety-«ix men walked armed in Indian file from the ferry •hou8e>
St. Chariea'a river, towards Beauport.
A battesn was sent up the river at night ; saw nothing.
2Sik4ttJ2dik^ Nothing remarkable

SQaI. Every thing was very quiet last night. Tlie wind cold and clear
at N* ia the morning ; in the forenoon it changed to S. W. and thaw-
ed ; a gia was set. up at the Point Levy battery ; our shot and shells
diaconoerted them, not a little.

Seven men appeared at the St. Roc's gruard-house ; fired a cannon
at theaiy one of them fell ; five ran ofiP when we fired a gun at them as
they stood between Port Louis and Cape Diamond ; one of these men
was in Uue^fiuxd with white. A quantity of wood got in at St.
Jobn't.gate ; men skulking behind their old battery fired on our work*
?ag piurtf $ aahotfiom a S6 pounder dislodged them. Three parties^
firom SOtoSOineachymarohingon the ice from Montgomery's late
qnarti^^waids.the river St Chaises.

Oar affatriet oa the waUs perceived a roan wandering among the
tnynaof St* Kpq ; he aetmed desirous of hiding himself ; we sent out
a file of n(^ aod brought him in ; he was very drunk ; he said he
had Vm. hS$ way; he arrived from Point anx Trembles this mor«
niagi with the fifth company of the first battalion of Pensylva-
niaaa ; th^t thtee other companies are expected with the second
battalion* He is, or pretends to be very ignorant. All he says is, that
Wtareaoon tobe eaoakdedand taken, that there are but few Cana-
Aanswiththpralid^aadthatMr. Haseirgets no recruits. In the
tdf^hta boiy^ the lebela advanced aafiir as the burying ground in
St« hW% Suburbs ; the sentries could not say the number.

120.

CIhap. in^ the Shipping in the harbour, and bhotild it succeed;
*'• it was at the same time proposed, to have made an at-
tack on the works. The vessel sailed up from the island
of Orleans, at niile o'clock at night, and the men otn

31 J/. Wind Sfc W. with snow ; thawing. About two this mor-
ning flashes were 8een» and the r^^rts of miisquets heard by the seri-
tribs at Cape Diamondi at Pres de ville as they imagined. Messengers
dispatched to enquire ;.there tHeyleai'ned the firing had been at Point
Levy* The prisoner taken yesterday, thodgh now sober, adds nothing
to what he saiid before. The p^risoners confined in the Dauphin Bar-
rack >, had in the night forced two hinges from a dpdr in the vault, which
communicates with the street ; it hung by a third, which they did not
perceive, as they must have wrought in the dark: They were ques-
tioned, but they all declared themselves ignorant of the matter.. A-
mong these men, there was one Englishman ; he discovered th^ plot.'

One of the prisoners, ^6me days b^fofe, made his escape out of pri-
8o;ii .and found means to get over the walls also ; he was to inform the
rebels that they were ready on the first dark and stormy nighty to seize
on the guard set over them, and to proceed about 150 yards farther to
St. John's Gate, and disarm the guard there ; this being accomplished,
they were to turn some capnon on the town, to defend themselves
until they forced St. John's Qate open^ to let in the rebel army,
which was to keep itself in readiness every ni^ht, and march directly
to St. John's Gate whenever they should discover the town on fire in
different parts All their officers were chosen, and the dispositions
made. If they should find it impracticable to let their friends in, they
were to secure their retreat by ladders, which they were to take from'
the roof of the prison and the adjacent houses | they were itk that case
. to throw over all the ikmmonition,' rammers^ sponges, He. There
were two of the prisoners^ beside the Englishman, who would not jbia
in the plot, but they promised secrecy, and at this moment they stifly
deny that they know any thing of iti The officers; prisoners in the
Seminary, knew nothing of the affair. A great many of these men
were put in irons immediately.

The General, in hope of drawing on the rebels to an attack, order-
ed that the signal agreed on by the prisoners should be given in th^
night, and that every thing should be carried on as if tbey had tnMfc

lei

board, bavmg «et fire to her too sooii| and qukdng hex QiAi
at the same timet s^^ passed before the towa» and fell ^
back again with the ebb tide, without eieoiog the , ob-
ject mtendcd. The American General Thomas at length.

irtKBf^fMoyfMgttzcilj their plan. Pieparations were made
accordingly ; piles of wood were prepared io different parti near tbe
walk. The wbok garriton was ordered to be on the nuDparta, under
armib at two o'clock in the morning. Although the weather did not
promiae to be dark or stormy, yet the General thought it would be
best to loae no time, for fear some deserter mi^ inform the rebels
that the plot of the prisoners had been discorered.

At four o'clock this evening a deserter came in ; he is of the first
battalion of jthe Peansylvanians ; he says, ** the companies should be 65
SKoeadi, bat they desert daily* The second battalion is txpeoted,
with thtee corapaaiei of the first,''

jfyrU ]/r. Wind soft at S. W. much thaw. At two o'clock this
moraiog the garrison was under armt-every ctvnpany was posted at
^heir alarm poata-^unluekily the moon shone exceedingly bright.
The bonfiret were lighted; a hot fire of musquetry cootinued^ for ten
iiinulfs I hubbub and confused mixture of cries were heard ; then three
cbeara were iawiediately fbllowedi by a dose fire from two brass six
po m de r s turned towards the tows-^the musquetry still kept up— now
tod then hiifiKas. This was ouriedoa for aconsiderabk time,but no*
body!ap9eavedwkhDutdiewailt,nor didweaee a angleaignaL At
day Jig^t we were dii missed.

Thii fi^fait will have a happy e&et ; k will ihcw the rebels that
It wish.tkeir approacbt and the considerate among them wiU dread
le&oe va^

We plainly discover four embrasures on their Point Levy battery
«*-a lacgie btnk of snow to the right perbapa masks more.

The ddtrter who came in yesterday says *< that in crosring the
Xehea he met aoany «nall pasties, of thveet^ fiwrs^ and fives, leaving
Caaadai ihatfi Ueiitenaat had deserted i they brought kirn back,
hat ke got away at last ; he can encircle the largest gun they have
vith his arms ; some time ago two of our shells fell without bursting.
Ae pqwder they contmned was «old at a ioUar a |KMind ; the rebels
life bm ^8 iQHodi."

122

Chap, awart of the impracticability of reducing Quebec, cal*
5^*_ led a Council of War on the fifth of May, at which it
was determined, that it was most expedient to return
back to their own Country as speedily as possible, from

This ifternoon another deierter came in» he lajrt, ^ they have but
fifteen ihett on guard near St. John's suburbs.

<* The nanttavTe of this morning aUu-med the rebels ; they stood
under arms until day-light— nuuoy want to get into town. An old
many with ah enormous perriwig, called General Wooster, came
down from Montreal* with an escort of 40 men. There are great
numbers of the rebels sick in hospitaL''

Fmng shot and throwing shells at their battery» at Pomt Levy.

The general voluntary picquet ceases until dark moon.

2^. Wind S. W warm clear sunshine ; three men seen near the
runs at Mount Pleasant ; one had a large wig, supposed to be the Sieur
David Wooster ; another was dressed in scarlet, said to be Arnold i
the third (say the people) was the engineer, Cokmel Edward AntiL
They were pointing out t^ weakest part of the walls to the old mao>
perhaps planning an attack. If they feel hM^ they may chance to
have their bones broke even at *tbe weakest fJaces* They are all
wearing masks ; every soul among them hide their fears : they dare
not attackf but they are ashamed to say so to each other, after so
much rhodomontade | be this as it may, we fear them not.

A party of . 60 or 70 were under review near the General Hospi-
tal ; a single shot broke their ranks, and away tkey ran.

Some people seen near the old battery at work ; several small par-
ties marched to their guard*hottses ; some people have seen,''or inM^
gined they saw, from the look-out, heaps of bidders piled up on the
plains.

A cutter was sent in the evening to look into WoIfe*8-cove } she
got inclosed m the ice, aad was carried along with the tide ; the re-
bds dkcovered her, and fired six-pound shot at her % they were en-
deavouring to get boats afloat to send after her, but the men made a
way through the ice with the butt ends of their musquets, and got
dear.

td. Wind easterly, toft and cloudy. About e^ht o'clock this
morning, the rebds opened their battery at Point Levy with ^^ guns,
24 pounders, 12 pounders, and 9 pounders, some shot ifell short of

183

aa appreheasiony diat ranforciefiients from Kng^nd Chap«
might speedily arrive. The retreat had beendio sooner re- ^ ^
solved on, dian on the morning of the sixth of May, the
Isis of fifty guns. Surprize frigate, and Merlin sk)op ar-

the Lower Town, and lome fell in Pdsoe Streetf spent. Their aim
seems to be at the shipping. They'baft hit the Liasard frigate ; a
ball has damaged her feiemast.

Abottt arid-day we {dainty heard the report of five gunsy at be-
tween two and three leagea distance down the river ; from the report
they may be large, yet as the atmosphere is heary, a small gun may
be taken for a large one at a diAance.

Mr. Chabot left his little armed schooner on the Ishmd of OHeans
last &U I perhaps the rebels are fitting her oot, and have been sea*
Kog her three«pounders ; it is by three or four weeks too early to
look ibr«ay thfaig fiom Europe.

The enemy threw tliree shells of nine inches firom Point Levy ;
they did no damage. We made many most excellent shots to-day ;
Hi shorty as soon as our flankers at the citadel played on them, their
fire ceased. Very heavy rain this afternoon.

4tk. It rained all night. The wind is about to S. W. We Bre
wttfaoot intermission bn the enemy; they fire dropping shots at us,
many fidl short. There are but few people to be seen. Ten roc-
kets played off at the ferry-house. St. Charles's River-— answered by
a gun firom Point Levy.

5M. Wind this morning N. W; coU nw thawing weather. An
eigfat»ittdi shell burst above the shipping in Cul de Sac i a piece of
it cut a nSor on the head. They fired &ft guns and two shdis ear-
ly, drew m their guns; and ran from the battery. We threw shells
into their vrorks, and cut their fiMcines to pieces. The rebels burnt
a small shallop, and some boards at 1- Ance de Mer. fatigue parties
clearing the snow from the ramparts. The rebeb watch an opportu-*
aky, and seiae it, to steal a shot or two ; they an; afraid to stand to
thdrgims.

A hundred and one men marching in a string fran Beauport, to-
wards the ferry-house ; fired at it, and went through it ; carried the
timber for a Uook'<house to the place where it is to be etected^ bo«

t r •

Q 9

184

ChaK m«d» vntb two c^mpudtt of the twenty«mnth reghoent^
111 ^ coQsis^ig of one bimdred and seveniy men, and a par-
ty of mttrfaies, who were landed before ttoon, and at
mehre Vcbck, they, vkh most of the garrison off du«

tween Port St. Loim ind Cape Diamotd. One Loiteaiucy an honest
Caaadiao, came mat Snok att Mttelot, at ten o'clock aft sight*

6ih. Wind easterly, with a hca?y sky $ it thaws mudi. A de-
serter cane in this morning « he reports^ ** thaf Gennral Lee ia on
his way to this place, with a body of iOOO men ; he halted, iU of
tho goat, and loaiiy of his raen> ham deserted

** At South River, below Point Levy, sixty Caaadiaasy with Mr.
BaiHy, ar priest, at thefr head, taok arms, with an inteotioo to^ sur-
prise the guard at Point Levyf and to job the King^s ftieads ia Que*
bee. A tiHaitt mfermed the rebels of their i^an, on which ^ strong
party marched from Point Levy to take them ; an engageasent. ensu-
ed; hi which Sfc loyal CaMdilms fell^ and six rebeb were Ulfed.
The Priest h dangeroudy wounded in the beOy, two baHs entered bis
body ; 94 Canadttes wtrt carried prisoners to head-quarters* If the
Canadians had been well armed, the rebels would have had a severe
beating."

He further says, << that they haw ordered all the priescs in Or-
leans, who refuse to give absolution to the rebdfious Canadians, to
be carried prisoners to the camp. They have appointed a Priestf
called Lotbiniere, to absolve the people $ they give him a salary of
1 5001; and- promise hrai a bishoprick.

** They^have granted tht houses m the t»wn to the deluded habi-^
tants who have taken arms in their favour : these poor devils stake a
house at a game of berhin, fVom what the rebds tcD them, they are
assured that vre cannot long held out, m they are to cannonade us
from the heights of Abrabum and Point Levy, and to bombard us
from tbe ierrywhoose at St. Charie«^a River ; yet the greatest part of
the habitants dread thft We rntf stand out. There is great sickness
among the rebels, many of them are under inoculation. The New«
Yorkers engaged to reniaia in the service of the Congress until -the
1 5th of d»s month ; they have dscbred that they wiO hy down their
arms, and retinm home after that day. Two gentfensen from New-
York, with letters for General Carfcton, were taken by the rebels ;

125

ty, amounting to one thousand men, marched out to Chap.
the Plains^ with two fidd^^pieces and two grass*hQ{>per8«
The American anny, near three thousand men» did not
wait ifaesr i^proacfa, but fled with the utmost precipita<«

thqr had tuae t« deitroy their diapatchct. We killed tbree^ wound-
ed twa» «i^ ditmoaated tW9 of their guat.

^ Oar iiant of the firet^ io the momingf kept them, under amu
until seren o'clock, when they were ditmiised, quite ditiatiified, njp
iag they hod been tfwde April fook.

7M. Every thing quiet in the night. Rain* hail» ileet» and N« E.
wind. A good'many shot from the rebeb ; no harm done.

adk Sofotheriy wind and tof c weather. As day dawns, it is a rule
with the rebels to fire four guas and a howitser^ then immediately
draw tliMn befand the merbiis and retreat ; they ipentuie, from time
to tiaie^ through the day, to pop a shot or two at as.

In the etentng a ricochet shot entered at a window io the Upper
Town, where the family sat round the tea-table i the ddest boy, of
teayeursf was struck on the back pare of his head, and expired in the
arms af the frither and mother in an instant* Some of their balls have
a little damaged some roofii.

M, Easterly wind, with soft driazly weather. Much fiiv from
us ; from them very little. A decent looking man, one Chaucer,
came io from the rebels ; he talks a great deal ; he says that «• Ge.
oetal Lee was on his march hither } he was called afterwards to take
the command at New-York. The rebels without are 1800 strong, if
700 of that number sick can be called strength. They are to storm
the ^own at Pres de Ville, Sauk au Matek>t, and Cape Diamond,
between t&il aud the }5tk, on which day the time of oumy of the
»cn w9i finish. The New-Yorkers look upon themselTes as beings
&r superior to what they call the TrndiiSf meaning the people at
Coanaciicm, Massachusetts, Rhode-Isbad, and lfow.Hampshire,r
"Who efict a disgusting pre-«mi&eaoe, and take the lead in etcry thing.

They am to batter us from a battery 500 yards from Port Louis, to*

■wat £«e guns, moes and twdve-pounders. They are Co boabwd

wuith five moitartfrom a bomb batUiy behind the ferry-house, on

a. CharW) River. They hare two gondohs out in the river ; they

"* ?**P«nag a fire.v^sd to bum the shipping in Cutd^^Kr. The

Cmafaof are very touch diikfeaterttcd, as they are paid k Congress

126

Chap, tion, leaving all their cannon, storesi and ammunitioa
"• behind them. The men even threw away their arms,
that they might run the faster. The Americans made
the best of their way to Sorel, where they were met by

btHfy a handful of wbich they will wilHngly gm for a dollar } they
have whipped a Canadian for ^>eaking his mind too freely ; they hate
maltreated a gentleman at Montreal} for beating an insolent ielbwi a
rebel officer.

"•** Arnold is to leave the camp to«morrow, and hasten to Montinl
to send down all possible reinforcement^.
** The rebels are withont shoes."

Thns hr Mr. Chancer has informed us ^ he is suspected as a spy,
and he will be taken care of accordingly.

From his story they cannot intend to attack us befese tli9 ]5tb.
Arnold cannot get up at this season in less than three or fomr dayt|
and h wil be raipoasible for a nmnber of men to get down in less than
eight or ten dap more. Come when they will* they will find us rea-
dy to receite them. Boats row guard every night. We have gvni
on all the wharfci and in some of the ships in Cul de Sact with strong
guards and picquets in different parts of the Lower Town.

lOik. Wind westerly $ a very soft fine day, but the stieets almost
impassable, from the great mns of water ; the remaining snow is po^
rous and rotten i if one steps aside from the sleigh track» he sinks
above the knees ; how can these people propose to themselves to
march k>aded with hdden to atuck us behind walls ; we would cut
them off every soul before they got half way through the ditch ; our
cannister shot would mow them dow&

A young man* named Popper* cam^ in this morning from Cape

Rouge ; he confirms what Chaucer has said about the discontent of

the New-Yorkers, and une^sioess of the Canadian peasants. ^ The

lebcts, despairing of success, hvie in some measure thrown off that

shew of justice which they paraded before the habitants* and mm

enforce some pretty unreasonable commands. This young man's fi»

ther was offered the comnumd of a gondola. They are to attempt to

bum the shipping by running the fire vessel full tail into Cul de 8ac«'>

Il/i. Heavy rain, with a strong wind at N. E. Their battery is

silent to-d}y ; they say it must be. full of wate^r, being situtted in n

swampy hoUow. Rocket signals were made a( Cape Diamond^ St.

127

tMro battalions of their countrymexit sent to assist in Chap<
carrying on the siege. On the death of General Tho- ^^
mas at Sorely who had taken the small-pox, the com-
mand devolved on General Sullivan. The small-pox

John's, md Palace-gate* at midnight The rebels threw one at ten
at night, at the ferry at Menut't, and at Holbnd-house.

IM. Thawing, sleety, easterly weather. The faces of the bas-
tions and the ditch were lighted by fire- balls hung over the angles.
The rebels fired a good many shot at Cui de Sac to-day ; they did
very little damage. ,

ISih. Lowering morning, wind W. cold and freezing. Fire-balls
li|^ted, rockets played oflF at the guards as yesterday morning.

The Hunter sloop of war received a shot through her cabin.

It was discotered that the prisoners in the Dauphin barracks had
filed off the rivets of their hand-cuffs, and had placed leaden ones in
their stead.

People seen at work where Chaucer said they were to erect a bat-
ter on the heights ; the ground is well chosen, but the Cavalier bat-
tery will destroy them ; we fired some shot from Port Louis without
much effect. Freexes hard this evening.

14M. No alarm last night. Wind at west to.day» clear and warm.
Their shot from Point Levy is all directed ro Cul de Sac ; they put
one into the Lizard's stern, and hurt the main-mast of a transport.
Above 1800 men will be under arms to-night, in expectation of an
attack ; the block-housei about 100 yards outside of Port Louis was
finished to-day, and a guard of twenty men posted there in the even-
ing. The country is much in motion to-day, especially towards
head-quarters ; bodies of men seen.

ISii. Clear frosty weather last night. We were ready to receive
the lebels, but there was no disturbance. Fire-balls were lighted*
and rockets thrown, as customary. In the afternoon we heard the
voices of many men on the heights, singing out as is customary in
monng heavy bodies.

^ ' In the evening a great body were assembled at Menut's, and three
cheers were heard very distinctly. It is supposed by many that the
New-Torkers may have re-entered into the rebel service ; others think
that David Wooster may have been making a fine speech to them about
Kbeity, wd protnbing mighty and speedy reinforcements,* and paint*

128

Chap, had during the winter, made great ravages among thc^
n* Americans, and several of them had already died of
this disease. Vast numbers of their sick had been left at
their camp, on their retiring irom before Quebec, and

ing out the glory and profit that will attend those who ah^U eater
Quebec in triumph. At the word profit they gave three long cheer*.

At nine at night guns were fixed at the Point of Orkaoa, aad lig-
nals were made there. A drifting shallop^ we tuppoae, gave the
alarm ; one passed the town about dusk«

16th. Last night was mild and clear ; the fire-balls were not ne-
cessary Rockets were sent up at the usual places at one o'clock.
Out-picquets at both block-houses. Wind strong at £• The re-
bels did not fire a shot in return fur many sent to them at both bat-
teries. We have geometrically measured the distance to the last,
and find it to be 716 yards 2 feet. Rainy evenbg.

nth. Wind N. £. there fell two inches of snow in the night.
Fire-balls lighted at one o'clock> and rockets throvm as usual. The
enemy working on the heights. Canoes and batteaux passing and re-
passing opposite Sillerie> full of men. The rebels fired none to* day.

Captain Laforce went in a canoe to reconnoitre ; he was hailed
firom the Point Levy side. The Canadians, on his asking why they
did not come to town» answered, that they had no canoes, and ipere
closely guarded ; they pressed Laforce to go on shore ; but, aware
of Point Levy treachery, he paddled away with a *' ion soin**

ISth^ Wind S. W. showers of snow. Fire-balls ligbtedf and roc-
kets thrown as usual. Some shot from Point Levy early in the morn-
ing ; canoes crossing from that side full of men. Wood brought in
to-day. In the afternoon came two deserters from the rebels. They
report that '* the New-Yorkers, 300 in number, were assembled on
the 15th ; every argument was used to persuade them to renew their
engagements, which ended that day ; but before they were called to-
gether, they had determined among themselves to withstand the most
pressing solicitations of their former Conunanders f they represented
that the Congiess had deceived them ; that their pay was still doey
and that they had been in a manner forced to enter the service after
their first engagement had ended, therefore they would serve the
Congress no longer ; they had seen their error, and would return to
their duty ; they were determined never to fire a shot against the

istd

ed themMlye^ Oon^sal GartetoOy itith the humimty Hm ^ ^^
tfvrftyt dbringoiiiied- him,^ usoed a proclamation^ coon
HMtiksg dit Oficffii of Miiida 6f die Phyriilce^ to

Jbig'^fitaiNls; thmr tptailfinr ended widi a Omt iHne Af Xing^
whkfa was echoed by one and dl ef theni^ witk three cheem loi*
mt4iMkf Ami mea wot 9bnoito^ tbey were i%ry iU ttaed» and
eolifiaed I the dettwdlf X:!Mndiiii vtgflboodii ia their tenrice wirt the
iiioft toirmari iv thii work. Tbey.ny the rebols «re 1900 i^; and
400siek| the QmadkiaeafeBot- included; they asmiae the habiuuiti
with hapet of rehiferQiifleiit, aad'they Ivomife flaader to thoie whd
dun aunt thiOi In taking the teiwiu^ .

IIm^ hflbtanMlii at this, hour wtthia thewailftrifbo docsiaot
withthatthetekekaMqrattadLttti we kQio# the leceptioo dwy wiU
fliM withi and we know that thejr dread it» Uthough they tell their
tienthatthefwHlbeledtoaaeasjf ooaqoeec; but the 8Ut oi De»
eember is not yet ^srgMen. If any thing will tempt the habitanti
forward) it wiH te the proepe<?t of nA plunder.

^ It has been whispered in thcfif camp, that two ships bate tieei
sear b the rivtf ^ to the great dbnuiy of the rebels/^

Tiie ioe of Lake St. Feter passed the town to-day.

19/il* Itfrotehard, and was clear last night; allwasqusec Hra^*
tmOs, and roekets u sij^s iJifrdmmf^. Wkid & Wl doudy and
cold to*day. Wood got in to-day. FMng froaft Point Le?y on the
shipping. Thfe! Canadians ire aftidd that the town will be b«mt» and
ihey shkll get bo plunder.

' fOiL Two men^o left QaAet btst ftf, eatok doimlraai Cape
ftouge in a canoe ; they say ** th«t the refede ha^ naade a fire vts«
Ul of the brig Gaspey, which they took hst fitll ; they haft ofiered
SKMMO pounds to any person tHib wiD steer her into Oil de Sac^
imd there set (he to die tiaini No iTankey, no YorlKr, nor eter a
Canadian, has yet been Ibund to oiler hb serrite. An Acadiaa has
iaid't^t he will do it for SOyOOD pounds^ en bon afgeni tmmm».

**. Colonel Caldwelly with the eighth tegimenty is oo his way down
ieomk Nnigarsii with a nutnber of Indian#» ahd that AmoU posted,
away to Montreal the moment this news arrived."
Ttlief^Ml fired a few diot at us to-day; We hIM ahnosi fihisbcd

ISO

CiiAf. search for these unhappy peq>Ie» that propor care wight
J^ ^ be taken of them, whh a profnise, that as soon as thejr
were recovered^ diey shouJd be permitted to return, to
their . homes. . Such honorable and humane ccnduct

ft bttteiy of five tmt9ty4om p oi a dcrt bebiiid the Hold Die9,
from whence we hftte battered the finrrjr Jioaee.

They sajr ^ that tomeof the people who left m hst &I1» hftfebecn
▼erjrmdaitiiootiapreichingtothe CftnadiiiHi, adfiiiiig them to en*
ter heartOjr into the Boston afiir, eife they wiB be icmrievably kity
sod made davet fer ever '* These men ndd» ** that Chancer was
lent in, hoping dntt he ndght find meant to get out again. i)e pro*
miied to return in three days, if alive ; he got a commiwion in the
vebd army bnt a few days before he came into town. They atao sajft
that one of the p ri i O DS ii» an officer, sent oot a pbm of signal^ by
which the fijeads withb the walk could be instructed how mid when
the attadc was to be coodncted, and by what munbery that Ithey
might, if p ossib kf co-operate with those without.

2lit. A dear sereot mg^ no disturbance. The rebda be«t to
arms at three o'dock this morning. Their battery on the hei|^s
does not' seem to advance. They fired finom Point Levy to-day at
the hour t>f going to Mass i it is a diabolical qpiiit I They can but
hope to kfl a few harmless women and children. They see that they
cannot hurt the town. Hitherto they have kflled a boy, wounded a
sailor, and broke the kg of a turkey* '

Fine weather, winds. W. swallows seen today. WcJkeepncoo-
stant fire on the battery behind the ferry-house^ from the waDs be*
tween the Aftilkiry barracks and St. John's gate, from the two*gun
battery, and from behind the Hotel Oieu.

At dusk Lafbrce's armed schooner, with SO fine fdlows, was
hauled out into the stream ; the tthtU fired at her from Pmnt Levy,
andbeat to aims ; the schooner drove up with the ice ; they were
carried as fiur as WoUe's«cove before the I«izard's boat could reach
her with a cabk and anchor. The schooner was fired on by a pmty t
she gave them guns fiirnralquets

.. 9U. At day-break snow urtth N. £• wind. Between nme nod ten
this morning the rtbds opened the battery behind the finry-koose
irith: tnro twdve-pomrfers. They have cut emhinsures ihroi^ a
very thick breast-work which the French threw up In i7<d« They

131

could notfid to aikethemott iasittgimpmiioai^aiid Chap^
vaukj of diem, oa their r^um to their own ooantry^ ^ j[;
declared, that thejr would never fight against a man tlutt
ind already Gom|iiered them by his humanity. Every

Ired between SO and 40 ihot at us ; they only pieiced a few rooft;
diey^are obliged to devate their guns irery much. The red tug
which has hunjr out atnce the 5th oi Blanch was taken down hst
lugbt ; some peopk say that their friends within the walk well know
,^ifbMX thatyieans ■■■there is no apparent joy in the countenances of the
suspected, perhaps no more reinforcements are to be expected.

3id* There fell three inches of soft skppy spow since ynterday
morning ; it was dark and lowering all night ; w^ thought the nigiut
waa£ivound>le9 and we had a general picquet. Captain Laforce made
a canoe oome 9n board which was attempting to pass ; she profed to
be from Montreal* with six men on board. Mr. Rousseau* <me of
the six, left New*Tork the 27th of March. There prevailed a re-
port theie at that time^ ^ that 27 sail of huge ships had been seen
^ SJiodeJshndt and that the troops had evacuated Boston, intend-
ing fior New-York ; that Lord Sterling was to oppose their landing
with a great force ; that they have sent us a reinforcement by water
£rom Boston ; that he passed Mr. Thomas, lately an apothecary,
now a generaly with 1900 men, a reinforcement to the rebels in Ca-
nada , on the dd of Aprjl he passed their advanced party at Stillwa^
ter, 27 miles on this side of Albany. There were 80 batteaua wait-
ing then at Ticoiider(>ga. Lake George was not passable. Six inA
24f pounders detain them much.

<< It has been reported at Albany wit^ ftar, and talked of con&
dently at Montreal, that Cobnel CaUwell vrith the eighth regimentf
and a number of Indians, are on their vray down from the Upper
Coiintries.

** If there had been batteaux to be had, between six and seven
hundred Canadians would have come along with thenu General Lee
18 gone to Virginia.'*

The rebels fired a good deal from P<»nt Levy and from the ftrry-
houK ; we made a great number of good shots at both $ they have
damaged a few chimnies.

They opened their new battery on theheigbt% bythrovring oa

R 2

Ch^/ pnifet #» 4M 46 At coRd«tt of Hut girmmk, dumg
n.^^ the dege. ^ A noUe sjMt of attaehment to their JIaag
and Cotnitrjr Mima^ the ^ole, ttd led liieiB4:o bear
ttk liboiini tud ^pefHs n^^a iiegt^ Minra like Tetenui

small shells directed Gmt the hlock4kiases $ they «H fell short, aoi
some did not bttrsi ; we rfetamed soMe of IS and of 10 inches. We
made oar uMial signds from* guard Co guard by rockets^

MA. Last night was dear and <:iild. The wind shifted to N.W.
where it continues. The rebA fifed red hot haHs into town j thef
destroyed a ftw clmttnies. Their 4re iimnch slackeoed; ours en*
creases ; we have motX, cettainly' very neiur destroyed Cheir works ;
they fire but from one gun at the ferry ; we saw them carry o£Fsom^
people in ^ heat of our fire ; we have eleven guns Waring on the
ferry battery. They still fire from Pbint Levy on the shipping.

2Sik. It did not fireze last night. St. Chartes's River clear of ice
i^^his win fi»te the rebds to cross fiuther np than their battery, or
-lihey wiH cross in reach of our guns. Mounted a 2% pomder against
their new battery on the lieights ; they hott some roofs and dumniet
as usual ; diey caailot sweep our streets from their batteries. Re-
ports were heard at a distance, Kke 12 or 14 great guns» Some peo*
pie please themselves with the hopes that they were fined on board a
ship of war coming to our relief ; others think the reports aaay have
been from Chabot's sdiooner, or a brig of Arnold's which lies below.
36/JI. The last night was the worst we have had for many naonths i
the wind was violent at N. £• with a very heavy rab ; it dearedup
in the afternoon ; firing on all sides.

Captain Lafbrce diaced a parcel of canoes, the people got on
ihore at Point Levy — he upbraided them for not coming to town ;
they answered that it was not from vrant of incKnation, but the mo-
ment they were missings their houses would be burnt, and their slock
carried off by the rebels. He ended his conversation by tdling them
that now was the time to retrieve their character, a ttw days wodd
deprive then) of it.

27M. The last nigfat was very foggy ; it was impossible to see
half way across the ditch fitmi the ramparts ; we vrere very much on.
our guard. This mornmg is desir. At one in the morning, just af-
ter we had fired otfr signal rockets^ five shot were thrown into towis
from the ferry-battery, ^e begin to look towards Point Lcrj fo^

)8B

tfoops^ tkaH'I^ilittflu The conduct of the 6oTerAor es>
teeded sill commendation ; and his Sovereign, as a mark ^ ^^
ef -his Royal Approbation, conferred on him the hono-
iib]ie <fistiiictioa.pf Knight of the. Bath. His subsequent

skips from Eogland* A Captaap in the rebel army, one of our pri-
sonerSf was sent on board the armed schooner for an attempt to es*
cape from the senunarj.

Between ten and eleven at night, the cathedral great bell rang the
alaraiy the drum beat to armSf and all the garrison was posted in a
few minutes ; it was a false alamu A house on the beach, or a boat
with brush-wood was on fire ; the sentries called out, ** A fire-ship I
^ fire-ship !'* As it was known what the matter was, every man was
ordered home.

The rebels did no hurtf though they fired a good deal to-day ;
we gave them ten shot for one, and some shells

^A. It froze last night. Wind at west this morning, with fine
weather. There has not been much firing on either side to-day*
The balls fired by the rebels were hot.

^ 2S^i. Wind S. W. serene mild weather. Four musquets fired on
the heights in the night.

30^. A small breeze at E. with soft rain io the morning ; fog
vdth heavy rain in the afternoon*

On eicamining two soldiers of the Royal fusileerst who were pos-
sessed of a great deal more money than is common for a private to
have, they confessed that they had been bribed by some of the rebel
officers to assist them in nuiking their escape the first time they should
be on guard over them ; they were to kill any sentries or other per-
sons who should attempt to stop them ; they were to have got over
the wall of the Seminary garden to the grand battery, and walk down
to the Sally-porty facing the Canoterie, there leap the walU and pass
through St. Roc to the first guard-house. On this chaige, two of
the prisoners, ^ter proof being had, were sent on board Captain La.
force's vessel as a place of greater security.

The foggxness of the night made a general picquet necessary ; eve-
ry man slept in his clothes ; his arms and accoutrements lay by his
nde. The g^uards and patroles were very vigilant.

May Ut» There is not many in the garrison who would not have
been exceedingly happy to have had a certainty in November hst, that

Chap, conduct to the southward, during the AmfriCM war,
^^ insured him the additional honor of a Peerage of thoL
Realm. Major Henry Caldwell was sent to England
with the Generars dispatches, and was gratified with die

on this welcome day we should tee all our friends around us, and n
health. AH of us that were shut up together still remain in h^
spirits to congratulate each other on the near approach of relief fiom
Britain.

Those who never saw a siege had many fears, well founded in their
opinion. General Carleton wore still the same countenance ; his looks
were watched, and they gave courage to many ; there was no des-
pondency in his features ; he had once said, that he should ne^
grace the triumph of the rehels. He will find a numerous band to
follow him in every danger ; and what will not true bravery perfiirmi
led on by a man of spirit, conduct, and experience He is known,
and that knowledge gave courage and strength to his garrison. Since
the attack of the 3 1st of December, it is a prevailing opinion, that
six thousand American soldiers would be beat from our walb, were
they to make a second attempt to storm us. Colonel Macletn has
been the most indefatigable officer that ever had the safety of a gar*
rison at heart ; he was here, there, and every where in t moment,
and seen at all hours of the night and of the day. Captain Macken-
zie of his Majesty's sloop of war the Hunter, was beyond expression
active. The rebels batteries bear testimony of his abilitiet in point-
ing guns ; he has much merit for hating his sailors under the strictest
discipline ; he ranked as Major, and in that station his fatigue, as
field-officer, every third day, was counted nought by him ; he ii9i
happy when the service required him to be on duty.

Major Cox's experience in nulitary affairs, and his engaging me*
thod of shewing the mihtia their duty, made those who happened to
be on picquet with him happy : his care and assiduity in the service
deserves the greatest praise.

Major Ecuyer, who has long been in the army, had, with the othtr
field-officers, his (urn of duty every third day ; nothing in his pow*
er was wanting to forward the sendee both by example and precept
to the militia, English and French.

In short, every officer shewed to those under him the duty of &^

1^5

oaoal presentt. To dislodge a party of American*, of Chap.
divee hundred and ninety men, who had taken post at ,^^
the Cedars, above Montreal, Captain Foster, of the
eighth regiment, with two subalterns and one hundred

good tolfer, and the folders improved by their example. Tf ever
emnhtioii was contpkiioitSy it was in the garrison of Quebec.

At fimr o^dock this morning it began to snow» and by eight there
lay three iochet in depth on the ground— >the wind is northerly and
coUU-^t began to dear up in the afternoon. The rebels fired hot
baBs firon the knjf and from Point Levy-— a shot entered the cabin
^radovrof the FeU armed ship^ shattered aboy'sleg, wounded a
man daageroiitly» and two slightly.

A Canadian SkUow came over from Point Levy to-day, as he pre-
tends, on what Captain Laforce said to the pack he chaced on shore
the other day. Ht says the rebels are II9OOO $ he pretends to be
ignoimntf but he is known for a vaut rien i as he is looked on as a
spy, he is confined. We took tip a very large batteau which floated
down St. Charles's River.

^d. The last night was very dear and very cold«-4tandii)g watep
froze a thud of an inch— it freezes stilly with W N. W. wind The
rebds fired many hot shot to*day from the fierry battery ; some chim-
nies were damagedt and sonoe roofs hurt. We made a sortie at Port
Louis for vrood : behind fences, three or four hundred yards from
the waDl, vre fiMind piles of scaling ladders, rather better made than
those used the 31 st of December, but yet heavy, and by far too
short; we did not touch them, in hopes that they will serve as traps for
the rebels. At twelve o'clock at night, rockets and a fire-wheel,
played off on the grand battery, were ahsvirercd by rockets from the
Hotd Dieu battery.

SJ» Last night vras delightfully dear and serene ; this morning the
sir is easterly, with hot sunshine. A fatigue party making a frize
of them on the glacis.

About SOO men in three divisions were seen marching towards Wolfe's
<^ve, the first bad red colours, the second blue, and the third white •
a Bumber of batteaux attended them along shore ; we imagine it is a
(ait of Mr. Thomas's reinforcement, which Mr« Rousseau passed at
Stilhiatar. Rebds firing re4 hot balls from the ferry battery. Wt

rise

Chap^ zni twenty-six men, and <me hOndWd andrtrrenty Indi*

^]^ ^ ans, were detached on the eleventh of May^' from C)s^-

wegatchie to the attack of that post. Proceediitig on his

marchs he learnt on the seventeentihs that the Americans

carried down some cohoms to the north corner o£ St. Roc> to throw
small shells from thence into their battery | they were corered.by a
party. Between nine and ten at night, on the^ top of the tide, a ves-
sel was descried coming up before the wind ; the people were wish-
ihg one another joy, not at all doubting but it was the first of the
fleet. The General was informed o( it ; he told the messenger to
order the artillery men to their guns. She was hailed three times ;
no answer was made i the fourth hail was accompanied with a threat
to sink her in case she did not answer ; she immediately sheered in
shore ; then the batteries played on her, and in a minute she appear-
ed all in a blaze at 200 yards from Ctil de Sac, but very near the
beach } shells, grenades, petai^s, pots-a-feu, burst very. regularly ;
she seemed well prepared, and might have done much mischief had
she been steered into Cut de Sac. A boat vras seen to row Very quick*
ly away from her^ the moment she sheered in towards the shore. It
is thought that this vras a brigantine of Arnold's which lay below ;
some say that it was the Gaspey, that had passed the town in a dark
night, but most people think that it cantfot be. The whole town
was under arms in an instant after the drum'* beat and the bells rang ;
no confusion appeared, every body was cool, and wishiog the' rebels
would attack. The night wad most remarkable fine and clear. It is
aurprising that they chose such clear weather for this enterprize ;
they must surely know that there are Ktog^ ships in the river, and
for that reason they sent her up, as the wind was fidr. Her hul)
floated dovni with the tide, in a fine bright blaze | every man was
ordered to his picquet, to be ready at the beat of drum.

4/4. Wind still easterly, the sky heavy«->it rained m the morning
-^t mid-day it cleared up at N. W. A few^ Aot from Point Levy
fo-day.

Stk. It froze very hard last night ; the wind is still N. W. and Cold.

6/A. Last night it froze a little. There is a gentle breeze at N«
E. this morning ; at four o'ch'ck g^s were heard down the river^
every i wo or three minutes. A woman came earty to P^Iace-gate=
and called te the sentry «« that Mr. Thomas, with his'itinfereeiheofl

187

'were ignorant of his approacht ^^ ^l^t if speedily at- Chap.
cacked, the whole party might be surprized. The next ^
€]ay he landed at Point au Diable, six miles from the
Church of the Cedars, and proceeded under the cover

-^mM come ; that David Wooster was gone off, and that there is a
^reat bustk anuHig them, bading carts with anns, baggage> &c/^

About tiz a vesssl appeared turning round Pomt Levy, to the in-
conceivable Joy of all the garrison ; every soul left their beds to run
to the grand liittery to ftast their eyes, when they heard the joyful
tidings.. On our firing a gun she brought to, and fired their guna
to leeward. She proved to be the Surprize frigate, conunanded by
Captain Lindsay. Part of the S9th regiment on board, the first of
the reinforcement ; they, with the marines, were inmiediately sent
<m shore* The drums beat to arms, and all the different corps ap«
peared on the parade. It was ordered that all volunteers in the Eng*
Hdi and French militia should join the troops and sailors, to nuu^ch
out and attack the idiels^ every man almost in both corps v^as for*
ward to offisr his service.

General Carkton, at the head of about 800 men, marched out at
twelve o'clock. Colonel Madean was second in command Colonel
Caldwell oaarehed at the head of his British Militia. The little army
extended itsdf quite across the |dains, making a noble appearance.
We looked formidable to ths rebek. A few of them were hid among
the bushes* and fired on our advanced party, without hurting a man ;
the rest fled naost precipitately as soon as our field-pieces began to
play (m their guard-houses ; they left cannon, musquets,. ammunition,
and even ckthes ; we found the road strewed with musquets as we
pursued them ; clothes, bread, pork, all lay in heaps in the highway.
We took howitaers, field-pieces, he. &c. So great viras their panic,
that they lelk behind them many letters and papers of consequence to
those .who wrote them, and to the persons to whom they were writ-
ten I they also kft their orderly books ; look which way soever, one
eouU see men flying, and loaded carts diving away with all poss»l^^e
ipeed.

We took possession of the General Hospital, and of a guard-
hoose two miles fiirther, HoUand4iouse, Mr. Dupx^'s, &c. where we
bund porie, flour^ amfHunSion» and artSWy tt«i|* At SiUeria
we found flour. S

las

Chap, of a thick wood ; when within a mile of the Fort, he
^* halted the detachment, to make the necessary dispositi-*
ons for attack. One division was ordered to take po8«
session of the wood, and td penetrate as nearly as pos^
sible to the enemy, when another party of Indians were
placed at the Falls, at the entrance of the Cascade, to
cut off* the communication with the island of Montreal.
This party fell in with a detachment of the garrison r&p
turning from the Cascades with provision^^ who fled to
the Fort, and carried the first intelligence of Captam

In the afternoon two frigates were sent up the river to take and de«
stroy their craft.

We mounted a Captain's guatd at the General Hospital, this ete*
■ing..

Vh, Every thing was very quiet in the night. This momii^ many
priests have come to town from the adjacent parishes, widi chearful
countenances, to pay their respects to the Governor, and make their
obeisance to the bishop. Their distinguished loyalty will ever re-
dound to their honour ; a great ntimber of people are Bocking into
town, many virith guilty feces.

The peasants, vdth their eyes on the ground, come sneaking in

With a few eggs, milk, butter, &c. meanly cringing and submissive,

conscious that their base conduct merits chastisement. Ask one the

price of his butter— jM men cketf MtmUurt repend «/, e'est a wnu

/aire le prlxf ee que fknis plairaj me r^ii/jnl^a.--— —Parties are sent

into the parishes near the town. The' frigate took an armed scl^oo-

ner at SiUerie % she took the Gasp4 at Cape Rouge ; they had been

at work on her as a fire-ship | she took aome other vessels ; she finrd

at some batteaux full of men \ they ipwed dose in shoie, and, nsAxtr

tunately, the turning of the tide obliged the frigate to oome %q aa

anchor ; the batteauz got o£F| a niiiiber of people wene kilkd, and

•o^ taken.

The «»bels were in such hurry to get safe off, that they put their
sick on shore, leavbg many of them to perish on the beadi. God
be praised that vrt^xt now at liberty ta breathe the air of the ooua«
Iry. 'The reb^tniole in tipon- us tlirou^ the woods } a dreadful
panic seized them, and they left ui precipitately*

ForseePs ^SipptMch. Caiptabi Fomter sent a flsig^ de^ Chap.
nlaodmg the suitender of the fbit, to which, Major ^ J^
Butterfield requested four hours to consider of it.
^Edptatin Forster conceiving that the object was to gain
time, and having learnt that an Officer of the Ame«
rkans had been sent to Montreal for a reinforcement.
Captain Forster sent a second flag, stating to him, that
the Indians were at present unde? his command, but
diat If the Fdrt did not surroiider, and any of them
wer^ killed by his further rd^stance, he could not ans^
wet for the consequences. The Commandant^ in ans«
wer to this demand, agreed to surrender the Fort, on con*
ditien, however, that the garrison should retire to Mon«
treal. Which Captain Forster not consenting to, a redoubt
was thrown up on the edge of the wood, at five hun^
dred yards (^stance from it. On the morning of the
inneteenth of May, he advanced within one hundred
and twenty yards of it, and commenced a heavy fire of
musketry, until twelve o^clock, when the American
€!ommandant surrendered, on condition ol sparing tlieir
lives, and preserving thefr baggage from plunder, as Cap**
tain Forster was informed the next day, that Major Sher-
borne, with one hundred men, was advancing from Mon«
treal, he therefore ordered one hundred Indians to take
possession of the woods on both sides of the road, and to
attack the detachment as it advanced. An action ensued,
wbkli only continued about ten minutes, when the Ame-
ricans surrendered, and were brought by the Indians to
die {ortj who had resolved on putting every one of them
ta death. Captain Forster remonstrated with th^on
th» inhuman conduct, and at length by his p^irsuasions,
axfd by presents, eflFected their release. Gaptam Forster

S2^

140

Chap, then left the Cedars^ on lus way down the river, and on
IL his arrival at Vaudi^uil, he was informed that Colonel
Arnold, with a strong party, had advanced as far as La
Chine from Montreal, and had with him six hundred
men, treble the number of Forster's party. Forster, up-
no hearing this, did not push on, and Arnold apprized of
the weakness of Forst^'s party, marched to meet him.
On their approach, Forster formed his men in three divi-
sions on three several points of land that stretched out in-
to the river. They had no sooner taken post, than they
were attacked on all sides, but they defended themselves
so well, that the Americans were defeated, and retired to
St. Anne's, on the Island of Montreal. Captain For- '
ster, encumbered with his prisoners, proposed a Cartel,
which Arnold readily assenting to, on the twenty se-
venth of May, an exchange was effected for two Majors,
nine Captains, twenty Subalterns and four hundred and
forty-three Soldiers. Four American Captains were
sent to Quebec as hostages, and they remained until
the prisoners were duly exchanged. The Cartel howe-
ver was broken by Congress, under the pretence, that
Captain Forster had conducted himself towards the pri-
soners in a cruel and inhuman manner. In justice to
Captain Forster, there was not the smallest foundation
£Dr such a charge.

A large body of troops having arrived from England
at Quebec, the latter end of May, General Carleton
ordered them to rendezvous at Three Rivers. Gene-
ral Fraser who had the command of these troops, land-
ed the furst division of them at that place, while ano-
ther division was on board transports off" the town, and
the remainder on their way up the river. The Ame-

X4I

ricans still remained at Sord, with a large body of Chap.
troops, and Sullivan, vAko commanded, thought the
opportunity too fiivorable not to attack the few troops
already in die town. With this view, Sullivan de-
tached General Thompson with eighteen hundred men,
with orders to proceed to the River Nicolet, and
to cross over to Pointe du Lac, and then to advance to
Three Rivers. On the night of the eighth of June, they
effected their disembarkation without bdbng discovered,
and had not a Canadian peasant, who was one of their
guides, nlade off and carried information to General
Fraser df theur approach, the town would have been
taken. General Fraser upon this information, landed
the troops from on board the vessels, with several field
pieces, and ordered General Nesbit to post his detach-
ment in the rear of the Americans, while Major Grant
took possession of the bridge to prevent their escape
over the River du Loup. The Americans had no soon«
er landed, than they marched on to the attack of the
town, where being met by General Fraser and his
troops, an action ensued, which terminated very soon,
in favor of the Bridsh. Their Commander, General
Thompson, Colonel Irwin the second in command, with
two hundred men, were made prisoners. The main bo-
dy of them retreated in great confusion, to a wood full
of swamps, where they remained in great distress undl
the next day, when Major Grant, relinquishing the pos-
session of the Bridge, by General Carleton's order,
they effected their escape to Sorel, to which place they
were pursued on the fourteenth June, by the King's
troops, with an order from General Carleton to General
Burgoyne, the second in command, not to hazard an acti-
on with them, until another column of troops should be

142

Chap, sent forward to co-operate wkh him. Availing themselvea
J[* ^ of this delay, the Americans pushed on to St. John^s,
from whence, crossing Lake Champlain, they took po6t
at Crown Point, at the other end of the Lake.

Towards the latter end of July, a most base and
villainous action was committed by one Lieutenant
Whitcomh of the American Army, who, being out with
a scouting party, shot General Gordon of the Royal
Army, as he was ridmg unarmed from St. John's towards
Chambly. The General died of his wounds a few days
after. The reason assigned for this infamous eonduct|
was, that the Lieutenant wanted a sword and a watchy
and therefore conceived this the most expeditious
(though infamoiis) way to provide himself With both \
and to the disgrace of the Anierican Government, no
punishment was inflicted on him.

The misconduct of the American Soldiery lost them
the friendship of the Canadians. When General Mont-
gomery first penetrated the Country, a part of the Ca-
nadians were friendly to the American cause, but from
their arbitrary conduct, the peasantry became dissa-
tisfied and disgusted. The certificates they offered for
articles furnished, were not legible, and in many instan*
ces without a signature, one half of which were reject*,
ed by the Quarter Master General of the American ar«
my. They made promises of payment, without having any
intention to pay, and the most arbitrary and tyrannkai
government was exercised over the country. The hou*
ses of the Priests were plundered, and when the inbabi--
tants asked to be paid for the provisions they had furnish'^
ed, they were run through with their bayonets* This.

143

£6ndtict^ii^ttered the Canadians dgafaist the Americans, Chap.
and the Congress of the States, upon this information^ J^*
ordered that Justice should be done to the Canadians,
And directed: that exemplary punishment should be in-
^cted on M those that should hereafter violate the mili-
tarjr r^ulsilkms they had established.

Sir Gtnr CARLstoN, thdugh he had driven the
Americans put of the Country, yet saw that it was of
the first importance to regain the command of Lake
£haII^>lain. With this view, he collected at St. John's
a number of small Vessels and batteaux, and forwarded
on to that place several reconstructions of ships that had
i>een fnmed in England, and had been sent out for the
service of- the Lakes. His fleet, the begiiming of Oc*
tober, consisted of the Ii^exible (a reconstructed ves-
sel) of eighteen twelve pounders, the Maria Schooner
of fourteen six pounders, the Carleton of twelve six
pounders, a flat bottomed Radeau, carrying six twenty--
four . pounders, and six twelve pounders, besides two
howit^eers, and a Gondola carrying six nine pounders.
Beddes^diese vessels, there were twenty gun boats, each
parrying one brass piece, from nine to twenty four
p(nmders,'^Aiid'fbur long boats, each with a gun, serving
as armed tenders. There were also attendant on this little
fleeim^mnmber of other boats, carrying troops, baggage,
p re i vMa nt ; ^viarlike stores and other necessaries for the
amy. .TIm ship$ of war were manned by four hun-
di^ seamen from the fleet, and two hundred more
from the transports, and the guns were, worked by de-
tachments ef the R<»yal Artillery. Captain, since Ad-
ndrsd Pringle^ conducted the fleet, and Sir Guy Carle-
ton comntanded the naval armament* The Americans

144

Chap* had determined to retain the command of the Lake, and
}^ learning early in die Summer, that a contest for the
superiority was to be expected, they exerted themselves
in preparing their armed vessels, and by the middle of
August, they had prepared at Crown Pdnt, one sloop,
three schooners, and five Gondolas, carrying altogether
fifty-five guns, twelve, nine, six, and four pounders,
besides seventy swivels, and manned with three hun-
dred and ninety-five soldiers. To these, by their great
exertions, they added before the action, one cutter^ three
Gallies and three Gondolas carrying fours, and others,
eighteen pounders. The whole of the fleet was un-
der the immediate command of General Arnold. Sir
Guy's vessels being ready, by the beginning of Oc-
tober, he proceeded up the Lake as far as Valcour Is*
land, where he found Arnold had drawn up his fleet in
order to dispute the passage between that Island and the
Main : an action soon commenced (eleventh of October)
which was well maintained on both sides, and particu-
larly by the British ; the Inflexible and several ves^
sels could not be brought into action owing to the wind
being strong against them. The brunt of the action
falling on the Carleton and Gun Boats, and no poesitnlity
of bringing the other vessels to their asostaiice. Cap-
tain Pringle advised Sir Guy to order diose veaads that
were engaged to sheer off and discontinue die ectioni
which advice was immediately followed. In the attack,
the Americans lost <me of their laigest diqpe, which
was forced on shore, and they had one of didr Goo*
dolas sunk. In the night they retired to Cumberland
Bay, and Captain Pringle formed the British fleet in
a line near the entrance of it, to prevent their retreat. .

Arnold, however, sennbk of his isfiniority, availed

145

himself of the darkneto of the x^ht, and effected his es- Chap.
cape, with so much ability that he was out of sight early ^ "•
the next morning. The British fleet followed him aad the
wizid being fevorabley on f he thirteenth of October he
was oreitak^ a h^ leagues from Crown Point : A
tranot ^gagemeilf enslued at noo% and the action was
well supported for two hours : Several of Arnold's fleet
th^ kft him^ but notwithstanding their desertion, he
Wasdieteraiined to. resist the British with his usual cou-
rage# Victory soon after decided against him, and his
second Galley commanded by Brigactier General Wal-
terbury struck her colours. The Congress Galley which
Arnold coramanded and five other Gondolas were run on
shore by his orders, and as soon as the men were land-
ed were burnt to the ttrater^s edge. He kept his flag
flymg while she was in £amesy in order that it might not
be struck by the English.

The loss of the English in the action did not exceed
fifty men killed and wounded* That of the Americans
must have been more considerable, as they had two
Gondolas sunk and one blown up, with one hundred
men on board. On the fifteenth of September the Eng^
lisli fleet anchored off Crown Point, which was evacu«
ated by the Americans who bad retired to Ticonderoga.
Sir Guy Carleton landed his Army at Crown Point, and
remained there until the third of November, when they
were re-cmbarked and returned to St. John's, where
they went into winter cantonments.

At the close of the first Campaign, the Commander
of the Forces made the necessary arrangements for the
Troops^ by pbcing theqi into winter quarters. The in«

146

CttAt». habitants received the soldiers as lodgers, and evinced
^_ ^ every favorable disposition towards those who had shewn
such a desire to defend them. The Twenrieth Regi-
ment was quartered at the Isle aux Noix, Lake Cham-
plain, with Artillery, and formed the advanced post.
The Twenty-first Regiment under Brigadier General
Hamilton, occupied St. John's, and at this place were
arranged all the vessels and batteaux for the navigation
of the Lake. The Fifty-third Regiment garrisoned
Chamblc Fort, commanded by Brigadier General Pow-
ell, and the Thirty-first Regiment was cantoned along
down the Sorel River, to the village of that name, since
called, William Henry. Longueil, La Prairie, and all
down to Sorel, on the south side of the St. Lawrence,
was occupied by the grenadiers, light infantry and twen-
ty-fourth regiment, under the command of Brigadier*
General Fraser. Montreal, had as garrison, the Artil-
lery and twenty-ninth regiment, and there Major Ge-
neral Phillips took up his head quarters. The Island
of Montreal was occupied by the ninth and forty se-
venth regiments. Colonel Maclean and Sir John John-
son's Corps, were stationed from Repentighi (the end
of the Island) to Cape Sante, about thirteen leagues from
Quebec, on the north ; and from Sorel down on the south
of the River Saint Lawrence, the Germans were posted.
They had Three Rivers as their head quarters, command-
ed by Major General Reidesel. General Carleton re-
mained at Quebec, with the thirty-fourth regiment, as
garrison, and the sixty-second regiment occupied Point
Levi, opposite to Quebec.

The Ministry of England, intent on carrying on the
war with energy on the side of Canada^ in hopes of for-

147

ming a junction with Sir William Howe at New York, Chak
and by that means to cut oflF the southern from the eas- '^*
tern States, as the surest means of eflfecting the reduc- 2^77
tion of the discontented rebellious Colonies, had sent
out the year before a large body of veteran troops, well
provided with every necessary for carrying on the war.
These troops had for their Commander, General Bur-
goyne, whose character at that time stood high in the
annals of Military fame, and he was furnished with
able and enterprising officers. Major General Phillips,
Brigadier Generals Eraser, Powell, and Hamilton, and
two German Generals, Reidesel and Specht, were among
the most eminent of them. To this body of veteran troops
the inhabitants of Canada were commanded to furnish
men, to occupy the woods on the Frontier, to prevent
desertion, to procure intelligence, and to interrupt the
communication between the enemy and the malecontents
in the Province. In addition to these requisitions, they
were to furnish a number of horses and carts for the
use of the army. The marine corps which had destroy-*
ed the American Fleet the preceding year, was put un-
der the command of Commodore Lutwyche.

It was determined that while General Burgoyne and
the main Army should advance by Lake Champlain, a
detachment should be sent by the way of Oswego and
the Mohawk river, to make a diversion in favor of the
Army on its march towards Albany. This detachment
which amounted to seven or eight hundred men, was com*
posed of two Hundred and twenty men of the eighth and
tjiirty-fourth regiments. Sir John Johnson's corps of

T 2

148

Chap. New Torkers, several Hanau Chasseurs and a compaity!
"• ^ of Canadians, under the command of Colonel St. Leger.

Th£ main army under Of neral 3urgoyne having pro*
ceeded up die Lake, landed s^d encairpped on the twexv*
tieth of June near Crown Point. At that place Genen^
Burgoyne gave the Indians a war fe^^t, the Qext day |ie
made a speech well calculated to excite their ardou^r ixv
the Royal Cause, but to repress their wonted burti^rity •
He forbid them to shed blood » but when apposed in ;urms,
and pommanded that aged men, women and children
should be spared, though in the heat of action : w4
that in no case should they scalp the wounded or dyhigt
On the twenty^ninth of June he issued a pitK:|amatipp,
or manifesto, with threats of punishing with the utmost
severity, those who refused to attach themselves to th^
British cause, magnifying at the same time the ferocity
of the savages, intent on butchering all those opposed
to the mother country. IVotection and security were
offered to those that remained peaceable at home, but
all the calamities of war were denounced against thos^
that were found in arms.

The American Army composed of three thousand
men under the command of General St. Clair, was still
at Ticonderoga, in possession of the old French lines,
strengthened with addition^tl works. Opposite to Ti-
conderoga, it high circular hill called. Mount Indepen-
dence, had been strongly fortified by them, and these
two Posts were jpined by a floating bridge supported by
twenty- fpur sunken piers at equal distances : on the Lake
Champlain side of the bridge, a boom composed of ve-
ry large timber was erected, festened together by rivet-
ted bolts and chains of Iron an mch and a half square*

149

A number of block houses were also built on both sides Chai
of tfaie Lake for the defence of these Posts. To the ^^
soodiward^ however, of ilconderoga and Mount Inde-
pedence, there was. Sugar Hill, which commanded the
works at both places, and which the Americans had
ne^eaed to fortify from the want of mem

Ok the approach of the right wing of General Bur*
goyne's army on the second of July, the Americans re-
linquished and set fire to their works on the ^de of
Lake George. General Phillips at the same time secu*
ring an important place called, Mount Hope, which com-
manded the American lines, cut off* all communica*
tion with Lake George. On the fifth of July, the Royat
army had constructed works for the investment of the
^ace, and had made a road to the top of Sugar Hill,
for the construction of a battery there. General St.
Clair was no sooner apprized of this circumstance
thsuBL he evacuated Ticonderoga and Mount Indepen-
deneie, marching through Castleton in Vermont, on
his way to Skenesborough, where he had ordered
that the baggage and other stores of the army should
meet him by water. As socm as it was known that St.
Qair and his army had moved off. Brigadier General
Fraser, at the head of the light troops, pressed hard on
^e rear guard of the Ajnericans, and overtook -them
at five o\:lock in the moniiiig of the seventh of July at
Hubbortim. Cdionel Francis, who commanded thehr
divisioa, coadstmg of fifteen hundred men, finding that
k was impos^e to avoid an action, posted his men on
sdroag gnnmd, with a breast work of logs and felled
trees* General Fraser, though unequal to Mm in point
of numbers^ commenced the attack, under the persua-

II.

150

Chap, sion that he would be joined by General Reidesd and
his party. The Americans defended themselves with
great bravery, until the reinforcement arrived, when
they were thrown in great confusion, and the British
charging at this moment, they fled on all sides. They
lost their Commander, several officers and four hundred
men, killed and wounded. Many were supposed to have
died of their wounds in the woods. The loss of the
Royal troops did not exceed twenty officers, none, ex-
cept Major Grant, of any rank, and about one hundred
and twenty men killed and wounded^

The success that attended the Briti^ arms on the
land side, induced General Burgoyne, to send a consi-
derable body of troops by water to secure Skenesboro'*.
On their passage up to that place, the Inflexible and the
other armed vessels fell in with the American gallies,
when after a short conflict, the whole number of them,
besides two hundred batteaux were either taken, burnt
or destroyed. On the landing of the troops, the Ame-
ricans retired, pursued by Lieutenant Colonel Hill, with
the ninth British regiment, near to Fort Anne. Gene-
ral Schuyler had posted a considerable body af Amen*
cans at the Fort, who learning of Colond Hill's dp*
proach, resolved on attacking him the next day. At half
past text o'clock in the morning of the eighth of July,
he was attacked in front by a superiority of numbers,
with a heavy fire, which wa& rendered less effectual by
the judicious manner in which he had posted himself. A
disposition was then made to surround the British, which
Colonel Hill prevented by a masterly change of positKr
<au The action still continued for three hours, wliea

151

finding thdr fire ineffectual, they retired to Fort Ed- Chap,
ward, having first however, set fire to Fort Anne. "•

• Th£ destruction of the gallies and batteaux, and the
defeat of Francis' detachment, obliged General St. Clair
to turn off from Castleton to the left, and after seven
days march, he joined Schuyler at Fort Edward. Their
combined force amounted to four thousand four hun«
dred men, wHich on the approach of General Burgoyne,
retired to Stillwater. While the Royal army lay at Skenes-
bro' the troops were busily employed in opening a road,
and clearing Wood Creek, to open a passage for the con-
veyance of their stores. Major General Phillips with
a part of the Royal army was equally industrious in
transporting the artillery, provisions and baggage over
Lake George for the use of the army, iii the intended
descent on Albany.

Lieutenant Colonel St. Leger, after having en-
countered many difficulties on his march from Oswego,
at length arrived on the third of August, and began the
investiture of Fort Schuyler, situated on the Mohawk
River* To save this fort, the American General push-
ed on. eight hundred militia, under the command of
General Herkimer, whose approach being made known
by some Loyalists to Colonel St. Leger, he detached Sir
Jcdm Johnson, with a party of troops and Indians, to in-
tercept them; Sir John, who had taken every measure
to ensure success, lay in ambush until the sixth of Au-
gtist, when Herkimer unapprised of his danger, was fal-
len upon by Sir John's troops, totally defeated, himself
kiUed) Iffith one hundred and sixty men, and twice thgt
number wounded ; : Sir John's loss was very ipconside-

152

Chai>. rable, a few Indians were slain. St Leger on the su^-*
n* cess that attended Sir John's detachment, sent a flag on
the eighth of August, to the Commandant of the garri*
son, representing his late victory, informing him of Ge-
neral Burgoyne's approach near Albany and ndvisii^
him to surrender, least by resistance he should sacrifice
his whole garrison to the savage fury of the TndianSy
determined to put every man to die swonL An answer
however^ was returned that he was determined to de«
fend the Fort to the last extremity. On the news of
the defeat of General Herkimer, and that the Fort wad
sdll invested^ General Schuyler detached Arnold^ with
a considerable force to the relief of the place. As soofi
as the Indians were informed of the march of these
troops^ they very generally deserted St. Leger, whd
being thus abandoned, left his encampment on the twen^^
ty-second of August, and with it all his artillery and
stores, and returned again to Canada, by the former
route of Oswego.

Gemeral BtjROOYKB at length determined to re^
commence his march, and to approach Albany as
speedily as possible, where he had been persuaded
to expect many friends ready openly to declare thettk
selves, and to join the Royal Standard. Colond
Skene who had resided for many years at Skene^tt/
and who pretended to be well acquainted with the gew
neral sentim^ts and temper of the people of the dinr<»
rounding cotmtry, assiu'ed the General that the friends
of government only wimted a protecting power to e^
pottse the common cause ; and as there was a ccMtdde^
lible deposit of flour and stores of all kinds at Bennings>
ton^ the General was induced to send Lieutenant Colon^i

Baum, with five hundred Germans, one hundred Indi*-
ali8^ and two field pieces on that expedition. The measure
of sending German troops on this enterprize, perfectly
unafiquamted with the language or people of the country^
and reqtiiring a celerity of motion, which ReidesersDra-
gooAs, whose hats and swords alone nearly out weighed
the whole equipment of a British soldier, was unequal to
such exertion, became the subject of just censure among
the officers of Burgoyne's army. The necessary arrange^
ments having been made for the march, Colonel Baum
and his detachment accompanied by a Loyalist as a guides
proceeded towards Bennington. On the same day that
they left the Camp, they surprised a party of Americans^
which Colonel Skene the next day liberated, under an
idea that they might be detached by this mode of con*
duct froiil the American cause. In this, however, he
yms much mistaken, as these people were among their
enemies, in the action at Bennington. On his march to
Cambridge the day after, he recdved the first informa-
tion, that a large body of MiHtia Was assembling in New
Hampshire, on the confines of Connecticut, for the di^
fence of Bennington. Baum, had not advanced seven
intles further, when he was inforiiied, that as soon as the
Americans received a reinforcement, they bad resolved
to attack him. Baiim, without loss of time, was in-
duced to {)lace his detadiment in the mo^t advantage*
6tis manner possible, tife then sent an express to
General Biirgoyne, acquainting him with these drcum*
stafaces, and Clolonel Breyman, with five hundred Ger*
mans more, was sent to his assistance. Breyman, how-
ever, from the badness of the roads, and from their halt«
ing ten times in an hour to dress their ranks, in a coun«
try liill of embarrassments, and where they were liable

•■■■■•••*■« • • • , ; .

isi

to be broken every twenty minutes^ made so little pro*
gress, diat they took rhirty-two hours to march twenty*
four miles. General Starke^ who commanded the A-
m[erican Militia, having made his dispositionSf began an
attack on Baum, before dbe junction between the two de-
tachments could be effected Baum, resdved on mak-
ing a vigorous defence, eniiired for an hour, a terrible
discharge of musquetry, and during that time drove
them from the high grounds on which they were stad-
ODed. Baum, having lost his artillery, and the number
of the Americans increasing, the Germans were cQm*»
peUed to retire in the woods, leaving thar commander
mortally wounded on the field of battle* Breyman was
advancing to the rdief of Colonel Baum, of whose fall
be was totally ignorant, when the Am?ricsui$, flushed
with their sttccess, attacked Breymao, who, a&ermak*
tng a galhmt defence, was compelled to retreaL The
loss of men in these two^igagemrats, amountisd to six
htnndred killed* wowded ^d pris(wer)S. The Anneri-
cans etaiedihcar iossmt one hjopdrnd men, kittedmd
wounded.

This was tbe£rst check which the Royal tpoops had
experienoed, and while it occasioned a depression of spi-
dts in General Buiigoyne's Armyy was4the cause of muck
exttteation m the m^ds of the AoLericans* who^ profit
ing by the delay k occasioned, gave General Gates tjme
to c^oct the Mibtia of tbe surxounding coumry. ^
diort lime nfier this success, an enterprise was underta*-
ken by gaiend Lincoln to recover TicondeiX]|ga) 4md
other posts jmi ^ rear of die Royal army ; Cokmd
Brown was ddnched with five hundifed men^ totbeland-
bg of Iitke Geor|^9 and suiprJM 4^ Bridsh one jpQ«$
on the dghteenUi of September, took Monnt Defiance,

ISS

and Mou&t Hope, leith four companks of foot, and an
^ud number of Canadians, one armed sloop and two ^ "*
hundred batteauit. Not being able to attack Ticonde-
roga and Mount Independence, he abandoned that de-
ogn aiid return^ to Gei^en^ Lincohi'a camp.

Gbneral BdaooYNC harmg^ crossed the Hudson,
on the thirteenth and fourteenth of September, encamp-
ed oh the heights of SaiM<^, and on the eighteenth of
September, advanced akmg the road and encamped
within two Rules of Gates's Camp^ aind only thtee nttles
from Stittw^en Ceneral Burgoyne the next day, re-
solved on attacking General Gates's Army, when these
dispositions of attack were made, he advanced in person
tt the head c^ the British line, composmg the right
wing, corered by General Fraser and Colonel Breyman
with the grenadiers and light infantry, whose front and
flanks were covered by Provincials, Canadians and In-
dians. The left wing was covered by Generals Phillips
and Reidesel, who proceeded with the artillery along
the groit road by the river side. About one o'clock at
noon, the scouting parties of both armies having met, a
firing ensued^ which induced General Phillips to gain
the wood with the cannon, which checked the advance
of ttie Americans, and wias otherwise of essential ser«
vice. The lines of both armies having fQpmed by half
post two o'clodc, the Americans under General Arnold,
made a movement, and advanced to the attack of the
British line, iiirhen the general action commenced, whidi
lasted tiA near sun set. The brupt, however, of the en-
gagement fell on die twentieth, twenty first, and sixty-
nficond regtaixiitSf the men of which, behaved with
gr€it ifdaHi^ and galbuttry, recdving and returning a

hea^ fire &cf four 6oitn». 1tietwettty*f<»ar(h Regiment,

1S6

grenadiers, light infantry, and Breyman's corps, were of
great service. The Germans from their situation, were
not much engaged, and which it was thought most pru*
dent not to relinquish. Captain Jones, with the British
artillery, behaved with great intrepidity ; his four can-
non were repeatedly taken and retaken : He was killed,
and other artillery officers wounded, and thirty six out
of his forty-eight Matrosses were either killed or wound-
ed. The loss of the British, amounted to five hundred
injplled, wounded and prisoners. The American troops
behaved with great courage and intrepidity , many of
their officers distinguished themselves, and both they
and their men, received the General's thanks for their
conduct. The Americans lost three hundred and twen-
ty men killed and wounded. General Gates, wno was
posted at a redoubt in the rear, supplied fresh men du-
nn^ the engagement*

The British army laid all night on their arms, and,
nothing of any consequence happened from the twenti-
eth September, to the seventh October, except frequent
skirmishes betweeo the picquets of each army, so that
Scarce a night passed without repeated firings from each
other. During this period, General Grates was rein-
forced with two thousand men under General Lincoln.
i . .... ■ ...

Th£ dtuation of General Burgoyne, was at this time
truly painful and distressing ; his' army was reduced t(v
near five thousand men, whose allowance of provisions-
did not exceed one half of th^ usual quantity : his forag^^
was n<^rly expended, and already many of his horses
Iiad perished for want of it. To all these difficulties
to be added, the still more painful one, of no jiews b(
ing ^received from New-Tork, of a co-operation of ^

15T

strong force that was promised from that place, to meet Chap,

him at Albany. A messenger, however, at length ar- ^^

rived from Sir Henry Clinton, who informed him that
General Clinton meant to cause a diversion, by attack-
ing the Highland Forts. Though a junction of the two
armies was the assistance he had expected, yet he was in
hopes, that even so small a diversion might induce (rates
to withdraw a part of his force, and by that means di*
vide the American army. Sir Henry at length proceed •
ed up the North River, and landing his men, attacked
on the sixth of October, the two American Forts, Clin-
ton and Montgomery, in the highlands, which he took
by assault. The obstructions to the navigation of the
river being thus removed, nothing could have prevented
Sir Henry *s proceeding to Albany and co-operating with
Burgoyne. Notwithstanding that the salvatiori of Bur-
goyne's army depended on his exertions, he returned to
iNew-Tork, contenting himself with having taken these
Forts, in which he most unquestionably should have
left a sufficient force to have preserved the passage free
from New-York^ to Canada.

At length no intelligence being received of any. ef-
fectual co-operation. General Burgoyne resolved to
make a movement to the left of the American army,
that he might reconnoitre the ground, either for forcing
a passage should he advance, or to dislodge the Ameri-
cans, if on the contrary, a retreat should be resolved
on. -General Burgoyne jnoved with a detachment of
fifteen hundred men, and two twelve pounders, six six-
pounders, and two howitzers, which he commanded in
person, seconded by Jenerals Phillips, Reidesel and
Fraser. Generals Hamilton and Specht were left to com*

ISB

mand m Camp, and Brigadier Gill had charge of tkt
redoubt near the river, f leneral Bufgoyne^ findhig tht
force of the Americans too considerable to hesitate t ma>
ment on the expediency of the measure he afterwards
adopted, sent an additional force in aid <)f th^ detach-
nient. The British army ^as then formed withm half a
mile of i^neral (lates's. About four o'clock^ an Amei-
rican column made a furious attack on the left^ where
the British grenadiers w^e posted, under the conunand
of Major Acland, and sustained their fire with great in-
trepidity. The Americans extetided their attack, along
the whole front of the Germans^ and made a movement
round their flank, to cut off their retreat ; to frustrate
their intentions, the light infantry, and the twtofy-fourth
regiment v^efe instantly fof nled. Mean white Gates
pushed fcrrward a fresh and strong reftiforeement against
the left wing, which eompdiedi it t6 gi«« way, ffird ha4
not the light inf^tntry and twenty *famth regsnent made
a quick movement for its suppoirt, it would have beebt.
cut to pieces. The detadiment was Compelled to redf^
to their Unes, where they were no sooner arrived, whem
General Arnold with a brigade of troops, made a furi.
rious attack on Lord Balcarras's light infantry, posted in
the entrenchments ; the opposition was firm, and the
Americans were compelled to retire. In another quar-
ter, however, the Americans were tiioie feitufiite. They
made a vigorous attack oh the eiitr^chtfiefit deft^Aded
by Lieutenant Colonel dt^yitl^H, dt the head of the
German grenadiefris, which they caoried st^rd in haikd*
The Colonel Pns Idlled, and hb tfoopri retreated to the
Brittsh tamp. N^bt, at leAgth, tkMd Ae cliteadlid
scene. The Bntiu nMt ttUAy ^yflvueM, aftd asMMgf tmM
ttsis general Fl-ise^^hi^nbf^6fg^ %

^ms aii4 AdsUEid were both wounded, and the latter ta- Chap.
kw pxn^er i besideis these, two hundred officers and ^^'
$9Uyii^»^ere it^kb pri$oi^er8. Nine pieces of brass can*
Qoa, aod the whole eqinpage of • German brigade ieU
ia^ At hands of the Americans.

OlKCltA^ Bt;&c^pyKjB'$ troqis were under arms the
whole of the next day, in e^ipectation of an action, but
nothmg happened but small skirmishes between the two
armies. About sun*$et, the corpse of general Eraser
Wm bix>\igh( up the hill by some soldiers of his own
corps^ ptteoded cmly by the officers of his family, and bu^*
ri^d in oaf of the ^reat redoubts. Generals Burgoyne,
Reidesel, and Phillips could not refrain following the
^rpfse of g n^a^ to \»hom they were so much endeared,
9Ad to wbon? remain^ a tribute of respect and affection,
Was 90 ju#tiy dvie : their feelings were too much jilive
}iat tQ b(S affected at the solemn procession. The inc^s*
S|ff^ QUfaoiliadifig during the jsolemnityi the steady at^
tip9L44 IMm) waiter^ vcHce, with which the Champlain,
thl5 R^frwd If r. Bmdenell officiated, though frequentr
Ij mxyjAoifeA in dust, thrown up on all sides by the shot,
die mute, but expressive nuxture of sen^bility and in-
<ttgnaAm upon every countenance, together with the
fgtcfmakg duskiness df the evening, may ha^after be de-
scribed aa nuMrking a character of that juncture which
vakea ofte of die fittest subjects fiar the pencil, that the
MUl e^er txiiibited.^

« CkMHUkL BtiRAOTK^, Aodiog his ^tuation untena-
Iric, dbangAd hia position oo the fight, witnout loss at
Amider, «nd retnov^d wkfa his baggage and anillery
«4Whii|(llti«lmped)« hoapitaL The object ^4 this

160

mbvement was to induce Gates to take a new position,
and to bring on an action. This Gates as studiously
avoided, with a view of attacking Burgoyne's right,
which had he accomplish d it, he would have surround*
ed him on all sides. As soon as Burgoyne was appri;
sed of Gates*s intentions, he adopted the only alterna-
tive left, by making an instant retreat. At nine o'clock
of che evening of the eighth of October, the array left
the heights, and moved on towards Saratoga, with their
baggage and artillery. The hospital, with the sick and
wounded, was left behind, and being recommended to
General ^iates's humanity, they were well treated, and
taken care of. The next step, in this hopeless situation,
appeared to be a retreat back again to Lake George, and
in this intention, artificers and workmen were sent to
repair the bridges on the route to Fort Edward, to fe-
citate the passage of the Army. This detachments
however, had no sooner proceeded a short distance on
its march, when the Americans appeared in considierable
force on the heights, which induced the Greneral to or-
der their immediate return. Hid situation at this mo«
ment, became tru'y distressing ; abandoned by the Ca«
nadians and lindians, weakened by losses and desertions
of his own troops, unsupported by Sir llenry Clinton,
at New- York, reduced to three thousand five hundred
fighting men, with a scanty allowance of provisions^- and
without any hopes of a fresh supply, m the £ice of an
enemy four times their number, no alternative was left
but a surrender of the army under his command. A
Council of War was called, which "v^s exteadeii to
Captains commanding corps. Their opinion was, tlttt
the present situation of affairs justified a capitulation,
on honorable terms. A messenger was sent^ iraAsact
this business. To General Gates's sixth propo ition.
That the British should ^uli^ their arms ia their

161

Mctatpttieftt^ Gen^ fiargoyne replied, ^^ This nti-^ Chap.
de jg intdifiitafeie in etery extremity ; sooner than this ^ "^
inafty will ConsaAt to ground tl^eir arms in thdr encamp-
ment^ th^ will rush on the enemy, determined to td^e
no i|uarCer«'' This article bdng rescinded, a Convene
^m was tt length agreed on* The troops to march out
of thfeir Cttnp with the honors 6f wair, and the artill^
ry of chfe entrenchments, to the edge of the RiwfV
where both the arms and artillery were to be left} the
arms to be pilj^ by word of command by their own
Officers. A free passa|(e to be granted to Che armyua-^
der General Bouigoyne to Great Britab, Upon coo^
did6Q6fnot eenring again in North Anterira dutidg
the pteaeat itar. And the port of fi6ltan to be assign^
ed £3r tibe entry dP the transports to receive the troops^
whtee^er Genei^i Howed^U to onkr» The army,
uodir Oeiaal Bourgoyne to march to Massadiuaetts by
thfc eaeieit route, and to be quartered near, orasconre^
lint m Boston, at possible* Thetroopsto be 8iq[^>fieA
it^dMS'WBM rase of rations a^ the traops of Oeneisal
^aam^M ikxtaf. All officers to retain tfacbr carrisqafea
ttdiMtt iMnies )k the officers, a* &r a^ drcamstancea
win admit, not to be separated ^am their men ; the oC>
lifers to be quartered according to their rank ; all corps
uk. General Burgoyne's army t% be included in the a-
bsfeanides: aH Canadians, and persons belonging to
ibe Cahadlaii Establishment, and other followers of the
army, to be permitted to return to Canada, but not to
serve during the present contest. P^issports to be grant-
* ed to three officers* to carry dispatches to General Howe,
Sir Gmy Carleton, and to Great Britain. The officers to
be admitted to their parole, and to be permitted to wear
4i!nr sUe armst

162

Bbfors intelligence had been receiTed in England
of the disastrous catastrophe of General Burgoyne's
eicpedition, on which the GoTemment at home» had
chiefly founded its hopes of a successful termination of
the war, enough was known respecting its progress, to
convince men that very erroneous estimates had been
made with regard to the services to be performed, the
force which it required, and the manner in which it was
to have been executed. It was also thought to have
been a great error in the Minister of the day, that the
conduct of the Northern Expedition had not been com-
mitted to Sir Guy Carleton, a General who, together
with distinguished military accomplishments, had, from
his residence in Canada, acquired a knowledge of the
Country and its InhaUtSnts, which few possessed. Com-
mon sense recommended this appointment. He had de^
8erved*me patronage of the State, by the services he had
rendered : but more powerful motives recommended
the appointment of General Burgoyne, whose military
talents were not assisted by the circumstances essential to
the services of such an enterprize.* And the conse-
quence was, that Sir Guy Carleton, thinking himself
injured, resigned the Government of Canada.

* Gcntnl Bnrgoynt wtt a Member of Parltameiit« njs the Hiitoriui of the
Amoriaui WMr« ** md k was one of thoae mkenble expedientt, whkli tht
MnuiCer nbedtotad for fnuMltiir of dedfOy tobottow tomeof tbt moit impoh
tant cnploymcDtty both Military and Naval, « men who wer« lo iht habici^
opposing the meaturet of A dminiHga tiaiL**

163

THE

HISTORY

CANADA

1778.

CHAPTER IIL

From the Convention at Saratoga^ in 1777, to the Esta^^
Uishment of the Constitution^ in 1 7i^ K

^J^HE fiFBt sitting of the Legislative Council, after the Chap.

posang of the Quebec Act, was in the Spring of the in.

year one thousand seven hundred and seventy seven ;

die Council passed sixteen Acts, and among them, one

for the establishment of Courts of Justice : a Court of

King's Bench was created for the Trial of Criminal

Causes, only: in this Court the Chief Justice presided

akme ; a Court of Common Pleas for each of the Dis*

tricts of Quebec and Montreal. Three Judges were

to preside in each of these Courts, and two necessary

to transact business. A Court of Probates, was esta-

blidied for Testamentary affiurs and Successions 1 he

whole Council was also constituted a Court of App als,

and any five of them, with the Governor, Lieutenant

GQvemor or Chief Justice, were declared competent

to proceed to trial and judgment of all causes brought

before them in appeal. From the above establishment

it will appear, that there was only one Court of original

l^urisdiction for the tii»l of CivU Causes, namely, the ^

164

Court of Commoh Pleas. The ^^ Laws and Customs
of Canada/* established in the ProVmce of Quebec,
by the Act of the fourteenth year of George the Third)
were generally understood to consist of the Custom of
the " PrSvotS de Paris.'' Such of the French Kmg's
Edicts tod Ordinances as were registered in the Superior
Council of the Province : the Regulations and Onfinan'-
ces of the Intendant : the local custom of tht Country :
andi(though on wliat authority is not known) the Roman
or Civil Law: in addition to these, the Acts passed l^y
the Legislative Council of the Province, and the Crimii'
nal Law established by the Quebec Ast. These Laws
will appear sufficiently extensive and complex to re*
quire years of intense study to understand them proper^
ly : »d yet Judges have presided in thcsie Courts, wBo
had Q€C been brought iqs to the study of the LaiVy or
who could not be supposed pitoperly acquainted widi Am
vules or practices of Courts of Law or Equity* The
Qoniequence of which has been, that anarchy and confiu
sioB prevailed in the administration of Justice in the Fto*
«ice» by which real pn^)erty was rendered msecurs }
trade was clogged, and that good faith, v^h ought
ta» and ^uid subsist among the people, and which is
ttie life and support of commerce, was totally destroj^ed*
Sir Guy Carleton, who had been dissatisfied with the
Ministry in Engbnd, in having appointed General Bur*
goyne to command the cspediti<m from Candds, to
reduce the rebeUious Colonies to obedience, had desired
his recaU the year before ! on hisobtaining k, the Go^
veniment of Canada was committed to Major General
Frederick Haldimand,* who arrived at Quebec in the
QiHirse of the Summer., Various have been tke opiai'
QmresfKtiii^tiiiageEtkman^i administration: If weant

* ComtniwioBi dmJ ISth Septcmkr,

165

ti> give credit to the assertions of some, his government Chap;
v/iiB marked by severity ; and on^he other hand, it has _ _
been represented by others, as having beeh conducted, by
a wholesome discipline, necessary at that time, to preserve
the public tranquillity.-— This gentleman was a Swiss,
and on the score of his being a foreigner, many excused
may be nMe» for the errors of his administration. Se-
veral actions for damages for false imprisonment, were
insti^ttted against him in England ; the persons who had
beeA imprisoned, recovered judgments a|^nst him,
wUkrh were paid by Government. Although the inha^
tnkauits of the Province of Quebec had, from the gene-
ral tendency of the British Government to a mild admi-
mstration, enjoyed a certain degree of Civil Liberty,
yet they had been, from the peculiar nature of the
iystem of Govehiment, established by the Quebec
Act, deprived of a great part of their Political Li-
berty. A more full enjoyment of these essential pri-
vileges, had been the constant prayer of all their
(petitions. The object prayed for in their petitions, may
be reduced to the following heads : — 1st, An elective
Houte of Assembly, or Representatives of the Peo-
ple— ^That the Members of the Legislative Council,
shoidd receive no salaries, as Counsellors — ^That the
Habeas Corpus Act, and the bther Laws ,of England
relating to personal liberty, sKbuld be made a part of
the Constitution— That the Trial by Jury in civil causes,
should likewise be introduced, and that nine out of
twdve jurors might return a vei^dict — ^That the ancientf
laws and customs of Canada, relating to landed proper-
ty, ndarriage settlements, inheritance and dower, be con-
tinued in force in the Districts or Counties of Quebec
and Montreal — ^That the English Law should be esta-
bGshed generally in the Coumies that might hereafteir

166

be formed, and particularly in such districts as might be
entir-^ly inhabited by the King's old or natural born sub-
jects— -Thar the laws of £ngland, relating to commer-
cial aflfiirs, should be established for the whole Coon-
try-— That the criminal laws of England should be con*
tinned, as at present in force. Nor were these unreal
sonable demands, praying as they did, for the establis*
ment of a Government so nearly resembling those of all
the other dependencies of the Empire. The Legislative
Council established by the Quebec Act, had not the pow-
er, and it cannot be supposed, to have contained the
knowledge necessary for the Legislature of such an ex-
tended Province, and by these means^and by the arbitrary
system which had so long prevailed, the progress and im-
provement of the country had been retarded, and this has
ever been the consequence of oppression. Petitions
had been signed by all the old subjects, and by a nume-
rous body of the most respectable, among the new,
in the Districts of Quebec and Montreal. That some
opposition should have appeared against these reforms
prayed for, cannot be considered extraordinary; private
interest, or selfish views, have often prevented the
wisest and most advantageous reforms. Unanimity of
sentiment in a nation is not known in history.

To prevent, in some measure, the pernicious effects
of false reports on the objects of Reform, and for
the information of the public in general, committees
were named and appointed to carry forward and sup*
port the petitions, and they were printed and distri-
buted in the French language, all over the Province.
Those who had takai the lead in the pretended opposi-
tion, were principally of that class of people called
** gentry,'' and yet in thar petitionsi they prayed to be

167

admitted without any distinction, under whatever form Chap.
cf Govemmetii His Majesty should be pleased to establish HI*
in the Ptovince) to a precious participation In all the &
Tors, rights, privileges and prerogatives, which His Ms^
jesty's finthfiil subjects enjoyed in every part of the
world ; so that it is evident, that though these counter
petitions were in name, yet they agreed in substance,
with the ideas ci those expressed by the other inhabit*
ants. In a subsequent memorial, however, to the then
Governor, they shewed for the first time their oppositi-
on to a House of Assembly, because they were appre-
hen^e that the Protestants might have the greatest m-
fluence'in that Ifouse ; but this could not be considered
as a valid objecdon : the Protestants for their own inte*
rest, would be careful in enacting laws to promote the
generad interest of the Province, lliey were possessed
of nearly one half in value of all the Seigniories, and
had besides the whole mercantile and floating property
of the Province, and were too much interested in the
wel&re and prosperity of the Province, for any danger
to be apprehended from their possessing a large share
in the Legislative powers. These fears only existed in
the minds of those who had been principally concerned
in the counter-petidons. 1 heir consequence in the so-
ciety might have been affected by a free system of Go-
vernment, though that of the anadians in general,
might have been greatly advanced. A participation in
die making of laws, by a House of Assembly, was a
principle always acknowledged by Great Britain, and
what she had ever granted to her other colonies, as the
means of rendering them more flourishing and prosper-
ous than those of other nations. The colonists stated
in dieir petitions, that they could not be satisfied with*
tut a liberal system of Government, and representatives

t'^;.- . -i.-

1«8

Chap, in the Legislature^ ind that z^ tbey only ttettd- Hmr
4r * ^ rights and privileges, they did not donbt that tbey would
receive the relief that they merited* Notwithstanding
the constant and unremitted desires of the Colonists of
Canada, to obtain a House of Assembly, none was graaU
ed until long after the termination of the American wv^
which took place in the year one thousand seven han«
dred and eighty-three, and when the present Qoble wi
excellent constitution was established by Act of Farlia*
ment, m the year one thousand seven hundred fpii mmb*
ty-one.

As taxing the colonies had been given up by the Fauv
liament of Great Britain, it became necessary to, seni
instructions directii^ certain oaths to be taken by persona^
applying for Lands in Canada ; they were called ttpoa to
take the usual oadis directed by.hw, and to subscribe
the dieclaration, acknowledging His M^^esty in Flu4»
ment as the Supreme Legislature of the Province : An
iDStniction was sent out to Governor HUdiquand, aoa^
panied by a letter firpm the Secretary of State^ stating^
that however general the declaraticm ni%ht be^ it could'
not extend to taxation ; Parliament having by die Act.
of the eighteenth year of the King, in the most express
terms, restrained itself for ever impoiing any taxes W
duties on the Colonies, except fyr d^ Regulatipa of
Trade, the produce of which taxes or duties were tnriM(
disposed of by the Provjncial Assembliei. The letter
also stated, that as such was the case, it was i|ii4g^ not
only unnecessary, but implying some doubt of the sin-
cerity of Parliament to make any exceptitn in the decbr
ration, the exception having been already made bj
Parliament itself in a manner so solemn and effectual
that nothing could add <o the seci^ity of tbs siifc|sd»o

160

tbe Ct^t^'Ji Hrsr*^

of State Chap.

TtT

*■ •*■

****

• Thii letter was from Lord North, one of His Majesty's Principal Secreta-
riei of' State, to Goyeraor Hardixnand, dated, Wliltehall, 24th July> 1783.

Chaf. in the LedslEiture« and that «& Uiey ^y s*«»4d timr

— m--ii>i> p* '■■- — ^

Mtmi

mSTRTCTS.

■8

III

Otjr Je Diitritt of Moniresl
CitT & Diitritt of Thrrr Riv.
Olr fc Q.«ri(t of Quelwc

10,110

7911

9791

9727
Si4T

33238
ID20G
41358

4180J
G4JR

2S302

59«

lS9t
33TS

Tou\

90,13

1 S.goi

1 9;>S-1

}-^e

"4666 70466

10834

TtoDwUKtof I

tloilbD

nl5.

udnM

ntei

■ Mii

lltik'

ntion, the exccptmi jutnag been ilready made bj
Ftrliament itself in a manner so aoleam and efiectiui
that nothing conld add to the aecmity of the subiectsia

led

t!ie Colonies derived under it. The Seci-etafy of State Chap*
added, ** These you will naturally make proper use of, vv
should any objection be made to the declaration or the
construction of it, and I doubt not, but the necessity of
guarding against disaflfected persons becoming settlers in
Canada, will convince His ^Majesty's loyal subjects of the
propriety of that test, by which they cannot be affected,
or deprived of any indulgence or encouragement
to which they are entitled."* General Haldimfuid ap-
pointed Commissipners ip the course of this year, in or*
der to have a census of the inhabitants of the Colony,
and among other things, to ascertain the quantity of
grain sows. The number of the inhabitants then con*
sisted of one hundred and thirteen thousand and twj^lye
souls ^ and the quantity of wheat sown, cop^iste^ of
three hundred and eighty-three thousand three hnndre4
and forty-nine bushels, f From the period of the fai-
lure of the Northan Expedition, no occurrence took
place of aggression on the part of the rebellipus Colo-
nists for the invasion of this Province ; several Inroads
were however, made into the then English Colonies
from Canada, so that though the mother Country was
at war, the Colony, remained in a state of tranquillity,
and all theforts and garrisons were retained, as before.

On the recall of General fi^dinianfd, Henry Hamil- i785»
ton. Esquire, was appointie^ jLieuteeant Governor. He
had been an officer in the Army, and his administration
was signalized by the introduction of the habeas Corpus
Bill, which was pass^ into a Law. The passing of such
an Act, one of those most essential to the liberty of an

* This letter was from Lord North, one of His Majesty *8 Principal Secreta-
riii of State, to GoverDor Haldlxnand, dated, Whitehall, 24th July, 1783.

170

^m^''* ^^g'^shman, though it had been strongly recommenced
"J* to the several Governors of the Provmce preceding Mr.
Hamilton, by an instruction, as early as the year one
thousand seven hundred and seventy-five, was not pas-
I sed into a law, until this year.

On the first proposition in the Council, for the discus-
sion of the Bill, the joy throughout the Province was
general. The Clergy, in particular, expressed their ap-
probation and the Religious Communities of Women,
whom it was proposed t6 exclude, in consequeoice of
their vows, represented to the ( bmrdF, that they ^ould
con^def" their exclusion from thfe bienefits of the Act,
as an eternal monument of disgrace, because it might
be represented by those ill disposed towards them, that
they stood in need of the exception, to retain them iH
their cloisters. The Seminary of Quebec brought for-
ward the representations of the three Religious Com?-
munities of Women, established at Quebec. The Ha*
beas Corpus Act passed by the Council, is not precise^
ly a transcript of that of Charles VtA. though it con-
tains the spirit of it, and is justly considered as one
of our most valuable laws.

This year was also distinguished by the establisihment
of a Public Library. Several liberal and spirited gentle-
men, put about a Subscription j sent to Engbhd, tod
there purchased a number of Books, which have beer!
received, and now form a Library that does honor to the
first projectors of this laudable design, and which has
been daily augmented by the liberality of new subscrf*
bers.

On Sunday the ninth of October, betwceA four and
five o'clock in the aftemooni an uncommon darkness

171

m^ perceived, though at the same time the atmos- Ghap»
phere appeared of a fiery luminous yellow colour ; this J^*
was followed by squalls of wind and rain, with severe
thunder and lightening, which continued most of the
Bight, a thing uncommon at that season, it having froze
considerably the night before.

On Saturday the fifteenth, about fifteen minutes af-
ter three in the afternoon, it became darker than it had
been the Sunday before, and the sky of much the same
colour ; it was succeeded by a heavy shower, and very
severe thunder and lightening.

Sunday morning the sixteenth was quite calm and
foggy till about ten o'clock, when there arose some
wind from the eastward, which partly expelled the fog j
in about half an hour after, it became so dark that
ordinary print could not be read within doors ; this was
followed by a squall of wmd and rain, when it brigh-
tened up again. From five till about ten minutes after
twelve, the darkness was so great, that the Ministers
in the English and Presbyterian Churches were obliged
to stop till they got candles. From two o'clock till a-
bout t^n minutes after, it was as dark as at midnight when
there is no moon light. From forty-three till about fif-
ty minutes after three o'clock, it was total darkness : and
from thirty-five till forty-fiv^minutes after tour, it was
very dark. The people in the city dined by candle light,
and spent a part of the afternoon in lighting up and ex-
tinguishing them. Each period of darkness was fol-
lowed by gusts of wind and rain, with some severe
claps of thunder, and the atmosphere looked as before
^escribed. It was remarked, that on the days before

Y 2

I r>

172

Chap, monrioned, there appeared to be two adverse currents'of

III* • •

*^^' air, the uppermost impelling a luminous strata of clouds

1786. towards the north east, and the lower driving with great

rapidity broken misty clouds towards the south west»

and that the rain water which fell on Sunday during

those gusts was almost black. No satisfactory solution

has ever been given of this extraordinary phenomenon.

Governor Hamix^tok had been recalled, and Co*
lonel Hope took the command of the Province as
Lieutenant Governor ; the latter Gentleman remsdn-
ed but a short time, as l^ord Dorchester, (Carleton)
had been appointed Governor General pf all the Bri-
tish Provinces in America, in England, in the mcmth
of June, and arrived on the twenty-third of October
of this year, and took the oaths of Office. The Coun*
cil presented his Lordship with an Address, congra-
tulating him on I^s safe arrival, expressing the very
high and grateful sense they ejatertained of his Majesty'^
paternal regard to the welfare and happiness of the Pec
pie of the Province, in appointing a person of his Lord-
ship's distinguished character and talents ; from whose
former long residence in, and government of the Coun-
try, together with that intimate Jaiowledge of its true
interests experienped pn different occasions, the People
had to expect the most splid and permanent advantage,
heightened also, by thp additional pleasing reflection,
that his Lordship had been invented vi ith the supreme
command of the otheir remaining possessions of his Ma-
jesty in America, and by that means render them sub-
servient to the prosperity of each other, and to the ge.
neral benefit of the British Empire.* Lord Dorches*

• CboQcil Book, B.
yrilliam Smith, £«^oire» arriTed at Quebec ai Chief Justice with hit Lor4<luF'

lis

ter informed of the distracited state of the Civil Go- CHAP9
vernment of the Colony, asseinbled soon after his ^^^*
arrival, the Legislative Council, and having formed
the Members into different Committees, be directed
them to enquire into the state of the Laws, the Com-
merce, the Police and Education of the Province,
and to report to him, each committee, respectively, on
the subject refered to it : The committee appointed to
repcHt en the state of the commerce, applied by Letter
to the Merchants qf Quebec and Montreal, " In order^
as they state in their report to his Lordship, ^^ to obtain
^* the thoughts of others, more experienced than them«>
*^ selves, on subjects of such extensive concern to the
** wel&re of the Province/'-^In consequence of this
application, the Mercantile Body of these two Cities,
having consulted together, and after mature delibera-
tion, made out, each, a report on a variety of objects
relating to the state of the commerce, the laws, and
police of the Country, which they presented to the Com-
mittee of the Legislative CoundU The confusion
of the laws, and the great uncertainty of all legal pro-
ceedings are pointedly and expressly stated j these re-
ports were highly approved of by the Committee, and
by them recommended in the strongest terms to Lord
Dorchester's most serious consideration and reflection.

In the Spring Session of the Legislative Council of
the year one thousand seven hundred and eighty-seven,

Mr. Chief Justice Smith, brought into the Council, a Bill,
to continue an Ordinance that had been passed two

* years before, establishing the Trial by Jury, in all ci-^

vU affairs : ^^ between merchant and merchant, and

*' trader and trader, so reputed and understood accor-

^^ ding to law: and also, of personal wrongs, proper

f< to be compensated in damages.** And His Honor ad^

■I >..

L.. .:... .

174

Ghap. ded to the Bill certain clauses which, he apprehended,
^^ ^ would operate as a cure of some of the disorders, that
had so long prevailed in the courts. This Bill, notwith-
standing the Trial by Jury intended by it, was so ex-
tremely limited, unfortunately for the Province, was
rejected by the Committee. The members who had sup-
ported it, with a view of providing a remedy for some
of the many evils of the present system, finding their
laudable intentions for the public good thus frustrated,
thought expedient for their own justification, to enter
their protest against the rejection of the Bill, on the
Journals of the Council. Their reasons oi dissent,
supported all the complaints of the people, and fur*
nished strong proofs of the necessity of reform.
The party who had opposed it, and ultimately re-
jected the Chief Justice's Bill, soon after brought forward
another in its place. In this new Bill, though the name of
Jury was retamed, yet the advantages which the subject
derives from that glorious institution, would have b^
lost. The reports of the tendency of this new Bill alarmed
the merchants, and in a meeting held for the purpose of
deliberating on wh^t steps were proper and n^cesiary for
them to take, on an affair of so inuch importance to
their security, they determined to petition the Council,
praying to be heard against the Bill, before it passed
into a Law. They drew up their petition, presented it,
and the Council appointed a day for hearing the argu-
ment. On that day the Counsel* for the Commerce
appeared at the Bar of the Legislative Council, and in
a speech which lasted six hours, he pointed out in a ve-
ry clear and satisfactory manner, the evil tendency of
the Bill, then before the Legislature : he shewed the

t James Monk, Eiq. then Attorney General, aad afterwards Chief lattiGC •(
die R. B. MontreaL

175

ti^essity of ascertaining \vhat laws were established for CkaI^;
the Province by the Quebec Act, that the subject might I*^*
have some certain rule to regulate his aflfairs with se-
curity, and pointed out the propriety of restraining the
iudges to more fixed and determinate principles and
rules of conduct, with regard to the practice of the
courts, and to the laws and maxims which ought to go-
Tem them in their decisions. In support of the argu-
ments he had used fol* that purpose, he cited a numbei"
of cases from the records, and shewed the inconsisten-
cy of the courts rsx their judgments so clearly, that it as-
tonished the whole audience; , By order of the Legisla.
tive Council, he, some days after, laid before them, two
statemeHts of facts from the Committee of Merchants,
containing the substance of the charges made against
the proceedings in the Courts in his speech*

The effect was produced^ arid the Bill dropped ; but
siO many serious charges had be^n made on that day
against the proceedings of all the Courts of the Pro-
vince J that the Legislative Council addressed the Go-
vernor, to cause an investigation to be made, into the
past adniinistration of Justice in the Courts of the Com-^
mon Pleas, as well as against the Judges of the same,*
and of the inconsistency in some of the jodgmefits of
the Courts of Appeals. The Chief Justice, as Commis-
doher,in the beginning of June, opened the investigatiori.
Many gentlemen of high rank, and holding places of
great trust and confidence under Government, were ex-
amined, who exposed to public view such a scene of
anarchy and! confusion in the laws, and in the admini&>
iration of them by the Courts, as no other British Pro-
viace ever before laboured under. They stated, that
English Judges followed English law ; French Judges

176

Craf« followed French law, and that some of them foBowed
I". no particular law, but decided according to what ap-
peared to them to be the equity of the ease. Such
was the melancholy state of the administration of Justice
for many years in this Province : and such it continued,
mitil Professional Men were placed on the Bench.

The Trial by Jury in civil causes, had been intro-
duced in one thousand seven hundred and eighty-four^
but not generally. The Ordinance of that day ascertained
the nature of the controversies to be determined by
verdict, and there are who conceive that this mode
of trial might be applied to all points of fact, without
detriment to the property of the Canadians,' as the
Laws of the place, in the case of particular districts of
England and of foreign Countries, are maintained and
adjudged in Westminster Hall. To this mode of trial
Englishmen are attached, and Judges should contend
for it without any disparagement to their character or
office, as the intervention of a Jury, serves for no mean
defence against the clamours and complaints to which
Courts, where the Judges find both law and fact, are ob-
noxious, and especially in such a Country as this, where
they hold the mighty power of settling the question,
what was, or what was not, the custom and usage, as
well as the law, of the Colcmy, antecedent to the con--
quest.

A Committee of the Council of the Province hzM
been appointed on the thirty-first of May, one thousand
seven hundred and eighty seven, for promoting the
means of Education in the Province } Schools and Se-
minaries had been much wanted, to rescue the rising
generation from that profound state of ignorance, which
had so long disgraced the Province. A letter was ad-

177

ditteed by the Chairman of the Committee, to the Ca* Chaj
tholic Bishop, and another to his Coadjutor. The bet- ^ ^^'
ter to acquire information on the subject, questions 2787.
were enclosed in the Chairman's Letters^ and answers
were directed to be given them.* It had been pro.
posed that as the Trust estates, preserved at the Res-

* T0 Hii ExceUeneg the Right Honorable Gur Lord Doucbbstsb^ Go^
vemor General qf the Province of Quebec^ £fc. ^c.

Mat it plbale your Lordship*
THE Committee being this day assembled, in Obedience to your
Lordship's Order, came to sundry Resolves thereon, as expressive
of their uaanimous opinion ; which, with the cause of the delay of
their deliberations and Report, are contained in the Copy of their
Joomal hereunto annexed.

Ail which is nevertheless submitted to your Lordship's great wisdom*
Signed by order of the Committee, Quetec, Council Chamber^ at
the Bishop's Palace, thursday, 26th November, 1 789.

WILLIAM SMITH, Chairman,

JfOURNAL of a Committee of the Council^ charged to report on the

Suljeet 0/ the Education of Touth in this Province*

ATaMeeung, Thursday, 26th November, 1789 Present*

^Bs Chief Ji^sTiciCy Mr. Grant,

Mr. DtJNM, Mr. BAfiY,

Mb. Dslxrti Mr. Dupris',

RsADi — ^The Order of Reference, dated 81 st Miy, 1787.

Thut'sday, SUt. May, 1787.

His LoRlisHiP called the attention of tlie Council, to the great
object of the education of youth, through all the extent of the Pro-
vince % and it is committed to the Chief Justice^ Mr. Dunn, Mr. M^*
bane, Mr. Delery, Colonel Caldwell^ Mr. Grant, Mr. de St. OurS,
Mr. Baby and Mr. DUpr^, to repdrt, with all convenient speed, the
best mode of remedying the defetts, an estimate of the expence, and
by what means it may be defrayed. Any other Member assisting
the Committee, to huve a voice. J. WILLIAMS.

Observed by the Chairman, that His Lordship^s order supposing
defects in the means of education, the duty of the Committee seem*
ed to be to explore the causes, and point to the remedy.

That as the subject was not capable of discussion the reference rt*
^ttiredi whhottt soipe local infornoationi he had since put m series of

178

toradon of Charles lid. by the i»ety of die late Hoaa^
rable Mr. Boyle, which, formerly brought a refe*
nue of twelve hundred a year, as well as the iiinds of
the Society, constituted at the kevoludon in one thou*

quettiont iato the htndi of Mr. Panet, one of the Canidian Law*
yerst in the hope of being able to have spread before the Committee
pertinent communicationt from every pariah of the ancient tettlemeotti
in the two dutrictt of Quebec and MontreaL

The quettiotts were thete-^ Enquiry to exUnd tOy

*< ( 1 ) The condition or present state of education.

<< A list of the parishes and incnmbents, and of the nnmber of the
** parishionera in each, and the amount of their respective church-re*
<* venues.

** The number of their KhoolSf and the kind of instruction. What
<< their support ? Can it be true, that there are not more than half a
** dozen in a parish, that are able to write or read i

** (2) The cause of the imperfect state of instruction.

« What kinds of public and general tuition are established i What
** the funds i What the income i To what the uses and ends ? What
<< the impediments i

** A minute detail desired, that the remedy may be the better a**
<< dapted to the evil, and the necessity there is for proper institutions*

<< (3) The remedy or means of instruction. The main object is
^* the cultivation of knowledge.

« Suppose a union for this purpose safe to the Catholic as well as
^ Protestant persuasions, and encouraged by all enlightened and pa**
<f triotic characters, whatever the diversity of their religioua tenetf,
<< is it possible to hope, to take $ atep towards establishing a Uni«
« versity in the Province ? or to find schools introductive of a Uni*
« versity ? How nay instructors be acquired } By what means can a
<c taste or desire of instruction be excited in the pariahes i

« The means must be adapted to the condition of the Colopy.

« ( 1 ) To the strength and ability of the uibabiunts.

** (8) To the aid to be expected from the Provincial Legislature.

<< (S) The contributbna probable from abroad, in mooey, aod
*< books, and towarda an apparatus for experiments in Natural ^
'< losophy.

Upon the Cnt point,

«< Wni the Chief inhabtttnticotcur in asIuDgfbranincotponitiofl?

a- •

179

sand ax hundred and eighty-eighty for the propagation of Chap.
the Gospel, could no longer be legally bestowed on the UL
American Provinces severed from the Empire, these funds
inight be destined to the establishment of an University.

^< Will the tubscribers for the library place it in the haodt of a cor*
'* poration for a College ?

** May any thing be hoped for» in the way of private contributiont
*< for an erection of the estabhshmeqti in any particular place or part
♦* of the Province ?

Upon the second point*

M What lands of the ciown are theret proper to be settled, for the
^ use of such a Society.

Upon the third point.

*< Without an establishment by charter, every gift will be depen-
U dant upon private conQdence ; and then nothing is to be expected
^ from abroad.

^ This will not be so, if the stock and reyenue are in hands having
^< the confidence of the Government— and may it not be expected to
^' findmenofleambgforthe professor's chairfreefrpmnarrowprejadices?

^* May we not flatter ourselves, that a circulai letter to the pas-
*< tors of each psuish, will bring us an exact account of the parishcSf
** and awaken a spirit of enquiry, and afford useful information of the
^ peculiar advantages of the parishes, for the special improvements
M of which they are capable ?"

Thei Chairman added.

That 1^ yet Mr Panet had not (possibly from the interruptions of
hispractice at the Bar) sent in any answers to these questions.

That this delay having been suggested to His Lordship in Council,
Vpon his usual call for quickening the unreported references, the
Chairman then looked for the information from the good offices of Mr*
Baby, one of the members of this Committee, who undertook to
^ak to Mr. Panet and forward the work.

That the Chairman proceeded next, to bring the heads of the
^lergy of the catholic communion acquainted with the benevolent in-
tjCntioQ of the reference ; and for that purpose the following letterf
woe written last August.

•• Right Reverend Sir, QueieCf IBth August f 1789.

^ A Coii^nittee of the Council, of which I am Chairman, have

Z 2

180

In addition to these, a small portion of the ungranted
lands of the Crown, it was thought, might, at no dis^
tant period, have relieved the generosity of those, who
might have aided the establishment in the first instance;

** had it in charge e?er since the SUt. May, ITS?* to report to the
f ' Nob}e Lord at thp head of the Govemmentf u{>oh the interesting
<f subject, oJF gpving a spring to ^ience iipon a gmt scale, by an Uni-
«* fersity in this Province.

** The questions inclosed, are stated for acquiring some infbrma*
'' tion, preparatpfy to a meeting of the Coniinitte<», and were put for
** that purpose into private hands^ who haVe not succeeded ; and ar
** now submitted to your inspection, in the persuasion that your pow
^ er and inclination, will be equal to a design, which, independent
** the benefits of promoting the children of this country, by qualify
<< ing them for public honors and service, is condutive to the protpe
** rity of the Province, and the interests of humanity at large;

** I have transmitted another copy to you^ venMbk cbadjntor
** and am persuaded that our committee will accept yours, and
<* aids, and of all the clergy under your care, with great Gra
** tude ; and be very ready to cooperate with you in thu honorab
f* and great work,

** I have the Honor to I^, Right Reverend Sir,
M Your n|ost obedient ted most htUnble
f* Monseigneur L^Evequx ds Quibbc*

" wm- smith."

*i Quebec f lUhAuiwI^ 1789.
<< Right Reverend Sh^,

<* The inclosed queiies were designed to procure information, fo^^ a
** report to the Governor General from a comniittee of the coun^^ili
^ with a view to the erection of a Univernty in this Province.

'< Having written this day to Monseigneur L'Eveque upon tT
^ subject, I send you a copy of the queries, in tlj< p^rsuation
f* your good ofSces c^not be wanting in a concern of such xnter^^*
^ ing utility.

^ I have the honor to f>e. Right Reverend Sirt

** Your most obedient and most humbk servrntit,
M Right Rev^ Mr. Baillt* Coadjutor^ Ac. ftc.
* « Wm. SMITH.''

^ QuEBic, l$tk Ayguit^ 1789.
•< Sm,
^< I have the honor of your letter of this day» I diall have thtf^

;.t :

181

much was also expected from the Crown, by a gift of Gha»«
the Buildings of the dissolved order of Jesuits, for shed- IH.
ding the Light of Philosophy and Religion over the
breadth of this Continent, now a ^demess of 3ava-

** returning you an antwer, when I shall have maturely considered
f* the important object to which it relates.
f* I have t^e honor to be, Sir,

** Your most humble and most obedient ^nrant,
*f 'i*he Honorable W11.LIAM SifiTH. f* Jean FiiAKcqis

" Buhop 0/ (luebec**
« Sir,
.<* It was this morning when I received the honor of your lettter*
«^ I shall consider it a duty to return an answer to your demand, ap
** soon as it will be in my power to do so, persuaded that you will
^< assist in accomplishing a work so useful to the Province*
<< I have the honor to be. Sir,

" Your most humble and most obedient servant*
*< Charles FRAN901S db Caspe,

«« Coa^uior at Quebec.**
The Chairman then added, that he was lately honored with the
following communicative letter on the subject, from the Right Re*

Terend Bishop of Quebec.

« QuEBBCf la/A Ngyemier, 1789.

^ The Honorable William Smitp,!
"Cliief Justice. ' "J

" Sir, *

" The following is the I^e^ult of my Rejections upon the scheme
M which you did me the honor of conununicating by your letter of
«' the 13th of August.

** Nothing is more worthy of the wisdom of the Government vn«

** der which we live, than the encouragement of Science by every

i* possible means ; and with respect to myself, let me assure you, no«

** thing can be more agreeable to my views and wishes. At the

** name of an University in thf Province of Quebec, my native coun-

** try, 1 bless the Almighty for having inspired the design, and my

T> PPy^^ ^^ offered for the execution of it. However, as you giye

** me to understand, that my opinion will be received with pleasure,

** I ought to suggest to the Honorable Council and to the Commit-

<* tee, in whose name, I conceive, you have written to me, the fill-

** lowing observations :

182

Ctt A f. gtSj horn sea to seau Happy would it have been for the
In. Province, had th? original design succeeded. Several
peraoQS, in high situations, threw obstacles in the way
of its establishment, atid even the Tract of the Waste

*' 1.— It is very doubtful whether the Prorince can, at preaenti
** furnish a sufficient number of students to occupy the matters an4
** professors that wouM necessarily be required to fbm an University.
*< While there remains in Canada so much hind to clear, it is not to
** be expected that the country inabitantt will cooceni themselves
*< atbout the hberal arts* A farmer in easy circumstances, who wish«
^ es to leave his children a comfortable inheritance, wiU rather bring
** them up to agriculture, and employ his money in the purdiase of
** lands, than procure them learning of which he l^nows nothing him-
** self, and of the value of which it is scarcely possible he should have
** an idea* Every nation upon the globe has successively given
^ of my assertion, the sciences having flourished only, when the:
** have been more inhabitants than necessary for the piltivation of th

** land. This is not yet the case in Canada ; an immense space o^^i f
^ country, where the lands, little improved, offer on aU hands, where* -=•
M withal! to exercise the industry, and ttimulate the interest of th^^are
^ settlers* The towns therefore stand alone for flemishing Stodent^^^=s
«* to the University*

^ There are but four towns in the Province ; William Henry, sti
** uninhabited ; Three Rivers, scarcely merithg the name df a ti
<f The inhabitants of Quebec and Montreal, it is known, are not
** ry numerous* Besides, is it probable, considering the present
^ city of money and the poverty of the citizens, that Montreal
V tend many youths to the University ?— In the course of every t^
^ years, ten or twelve scholars are sent from thence to Qoebec
•« study Philosophy \ If more should come from thence, the
M town would murmur* Many, for want of funds, are oompeOed. to
^ finish their studies when only in the daMof Rhetoric* Yet '^dtc
•< Seminary of Quebec teaches Philosophy, gratis, aS well as theoK.lei>
•* branches of Science, and the greatest sum required from a ttnA^mt,
** never exceeds twelve pounds sterling per annum. Hence I o^'o-
M elude, that the period is not arriTed for founding an University at /»
^ Quebec* /« ^

V 2.-7-^1 understand hj University f a Company, Commumtj or J «^
M Corporation composed of severed ColIegeS| in which pro^tsort arp 1*^^^

Lands of the Crown, that had been reserved by the Chap«
Committee of the Council of the Province, fbr that W^
purpose, was diverted from its original object^ and gran^
ted to other persons.

<' placed to teach aeveral Sciences The foundatiotithen of anUniversU
*< ty presupposes an establishment of Colleges, dependant thereon,
*« and furnishing Students for it* According to the most esteemed
^< Chronologists^ the University of Paris, the most ancient in the
'* world* ^if9» only founded in the twelfth century, tho* the kingdom
^ of France h^d subsisted from the fifth. Nothing therefore, seems
** to urge such an establishment, in a Province newly risen into exis-
« tence, where there are but two small Colleges, and which might,
** perhaps, be obliged to apply to foreign countries for professors to
** sit in the Chairs, and for scholars to receive their Lectures*

<* It will be objetted that the Anglo-Americans, our neighbours,
'< tbo' the settlement of their country is not of long date, have never*
^ theless furnished themselves with one or more Universities. But it
*« must be observed, that their proximity to the sea, which is not the
«« case with us, having rapidly extended their commerce, multiplied
^< their towns, andencreased their population, it is not to be wondered
^* that they should be more advanced than we are, and that the progress
^ of two countries, so differently situated, should not be exactly alike<.
<( S..»Sttpposing the two foregoing reflections refuted by others
** more juditiouS and wise, I wish to know by what plan it is pro-
^< posed to govern the Administration of this Community, before t
** take any step respecting the Clergy of my Dioceses or the Cana*
^< diaos colkctii^ly* The project of an University in general does
*< not meet my sentiments. I should like a more minute detail. How
«< many different Sciences are intended to be taught there ? This
^ question is important i a greater number, requiring, of necessity
•< a preater number of Professors, and consequently, greater revenues*
^ Is it intended that it should be governed by one Rector^ or by a
«< Society of Directors ? If by a Rector, is the appointment to be
<i for life, or is he to be removable at the end of a given nuitiber o^
** years ? Who are to be the persons to nominate either him, or the
•< Directors, if that mode of administration were to take place f
<• Would it be the King, the Governor, the Citizens of Quebec, or
** the Province at large ? What rank or character would be given tcp
<< the Bishop, and what to his Coadjutor in the establishment ? Would

184

With a view to rq>ort a Statement of the comjiara-
tive advantages and disadvantages of the Tenure in
1788. ^^^ ^^ Common Soccage, and the Tenures of the
Ph)vince, of a different description, the Governor ap-

«« h not be proper that both, or one at least of them should hold
•* a dittiDguished station i

«« This is not all. An Umion protecting the Catholic and Protestant
•* Sutjectf has been previously announced. These terms arc very
•* vague. What are the measures to be taken to procure so necessa*
** ry a Junction ? Will it be answered by proposing for the Universi-
** ty, personi unpr^udiced in their opinions f This, far from resolving
. *< the difficulty, seems only to encrease it. For vrhat is meant by
<* persons unprejudiced \ The true sense of the expression relates ta
^ persons who are neither unwisely prepossessed in their notions in.
'<< favour of their own nation, nor unadvisedly zealous to inspire int(^

'< youth, not instructed therein, the principles of their communion^
^' Further, they ought to be virtuous and moral persons, who gover
^ themselves by Gospel-principles, and Christianity : Whereas in th
<< stile of modem writers, a person unpr^udiced in his opinions ^ is oni
«* who opposes every principle of Religion, who, pretending to con
^* duct himself by the law of nature alone, soon becomes immoral an
«< not subordinate to the Laws, so necessary to be inculcated upo
•« youth, if it be intended that they should conduct themselves up —
*' rightly. Men of this character (and this age abounds with them^
•^ to the misfortune and Revolution of Nations) would by no means
<* suit the establishment proposed.

<< After these preliminary observations, wlAi seemed to me essea^
^* tial, I shadl endeavour. Sir, to answer your different questions.
'< Qnestion 1. — The condition or present state of Education.
^ A list of the parishes and incumbents, and of the number of the
** parishioners in each, and the amount of their respective ChurcU
^ Revenues.**

*< Answer. — Nothing so easy as to give a list of the Famhes and
^ Incumbents ; but* it will be shewn by and by that such list is un«
'< necessary, in the business in question. It is not so easy to shew
** the amount of the Church Revenues*

<< 1. — ^What is termed ecclesiastical contributions or oblations, is
** merely a casualty.
M 2.-— Tithei are not so rigorously exacted, nor in the same pro^^^

18^

pointed i, Committee of Council, for that purpose. The Chap*
Committee was empowered to call upon the Attorney ^^
General and Solicitor General for their opinions on the
Subject matter of the Reference, and to take all such

•* portiooy as in Europe. Here they are only the 26th part of
** wheat, oats and pease i 'tis true, they must be brought to the
<* Parsonage House* To this, are reduced in Canada, what are
*^ called in England predial Tithes. Respecting the mixed Tithes^
^' collected upon hogs, milk, wool, &c. and the personal Tithe
«< collected upon manual labour or works proceeding from induurfi
'< such as the mechanic arts, fisheries, &c. they afe altogether
^< unknown and disused in this cotintry* Our Tithes therefiore pro«
<* ceeding but from grain, are liable to great changes of augmentation
'< or diminution from one year to the other, depending upon a fa*-
** vourable or unfavourable season. Therefore it Would be dilKeuit
'* to ascertain with precision the amount of the- revenues belonging
<^ to the Incumbents.

** Qif^//i9fi.-— What schools are there^ and what the kind oi^ in'-
«< struction ? What their support ?'*

«* Answer* — ^The Reverend' Fathers the Jesuits of Quebec, be-
^ fore the year 1776, always kept or caused to be kept a well regd-
•• lated school, where young persons were taught reading, writing
^ and arithmetic. This school was free to every one. But Govern.
<< ment having thought fit to lodge the records of the* province ia
^ the only apartment of the house where- scholars could be adknitted'f
<< the Reverend Fathers could not continue the good work.

^ There are sotne Canadian masters in toWn, who fi>r pajfinent^
<< teach reading and writing. Their schools are regular and datly^
« and pretty well frequented. The parents of the children sent there
<< are tolerably well satisfied with the progress they msdce.

^ At Montreal, the Seminary, ever since the time of its institu*
^ tiouf has supported a free school, where children of all ranks are
<* taught reading and writing. Books are given them gratis. This
M school, remarkable for its extreme regularity, has had 300 children
<< at a time.

<< The Nuns or congregated Sisters at Montreal have aaumerout
« boarding school for the instruction of young Gentlewomoo. The

1S6

other means as they might think expedient for acquu*'
*^ ^ ing the necessary information* The advantages of the
Soccage Tenure, are apparent in every Country where
that system has been introduced, and the disadvantages

** Ursuline Nuns at Quebec and Three Rhrert have each another
** boarding ichool. Also the Nuns of the General Hospital of
** Quebec. The young Ladies in these schools are taught readings
^ writing, needle and other work suitable to the sex, such at em*
** broideryt &c. But above all things, they are taught virtue.
^* Public schools are also kept for young women in the three towns
^ of the Province ; one at Montreal by the congregated SisterSf
** one at Three Rivers by the Ursulines, one at Quebec by the
<< Ursulines and one by the Sisters in the Lower Town. The
^ schools kept in the country parishes by missions from the
<< congregated Sisters, must not be forgotten. They spread a great
<< deal of instruction. These communities at their own charge sup-
^ port their respective schools ; and they are also supported and en-
«< couraged by the attention and vigilance of the superiors of the
^ Church, who are careful to see that the intent of the Establish-
** ments be fulfilled. Above all things, the minds of the children in
** those schools are inspired with morality, and a love and veneration
** for Religion, the principles of which they are taught to understand.
<< There are some English masters who teach schools at Quebec>
** Montreal and Three Rivers, but I do not know their different
<< branches of instruction, nor their support.

^ Qif«//i0ii.— Can it be true that there are not more than half a
** dozen in a parish that are able to write or read.

** Answer. — Such a report, it is true, is publicly spoken of, and
^ if I mistake not, mahciously spread abroad, to disgrace the Ca-
<' nadians. The imposition hath even reached His Royal Highness
^ Prince William Henry. It would be difficult to practice such
*' deception upon persons well acquainted with the province. For
*< my part, I am convinced that upon an average, from twenty-four
*' to thirty persons may easily be found in every parish who can read
<< and write. *Tis true the number of women so instructed, exceeds
<< that of the men.

*< Qai/^iMk— The cause of the imperfect state of instruction.

187

•f the other have manifested themselves, wherever the Chap.
latter has taken place. A Canadian Seigniory is ordi- m*
narily of two or three leagues in front on a River, and
double or treble that extent in depth. There are rare*

^ What kinds of public and general tuition are established i What
^ the fiinds ? What the income i To what the use and ends ?

^ ^jix«wr.— Classical Learning and Rhetoric are publicly taught
^ in the College of Montreal since the year ITTS* and Geography
** and Arithmetic are beginning to be taught. I have reason to
*f expect this Establishment, will in time produce a good effect.
** The Proprietors of the College solicited me in September last, to
*^ let them have a Professor of Philosophy and Mathematics, and I
** shall do all in my power to procure them one. The College be-
** longs to the Administrators of the parish church Revenues of
** Montreal, it has no other fund than the board paid by the Stu«
^ dents, and the liberality of the Ecclesiastics of the Seminary. The
^ Church-wardens seem to have its support much at heart, it is al-
'< ready ofgreat public use. Boys, who cannot afford to live in the
** College, as boarders, are received as day scholars, for the moderate
«< sum oPone guinea per Annum.

<* The Seminary at Quebec was fovnded and endowed by
** Mr. Francis De Laval de Montmor^nci, first Bishop of Canada*
^ Its own revenues support it. The administration of those revenues
<< b submitted to the inspection of the Bjsl^op, who annually exa«
<* minea the accounts of the income and expenditure, as weU as those
^ of acquisitions made under the Foundation* This Seminary, by
^* its constitution, is^nly held to instruct young Clei^gymen for the
<« service of the Diocese ; but since the conquest of the province by
** His Britannic Majesty's arms, public instruction has been volun*
*< tarily and gratuitously given. Theology, the Classics, Rhetoric^
f * moral and natural Philosophy, Geography, Arithmetic, and all
<< the different branches of the Mathematics are taught. It has pro-
^ duced, and produces daily learned men in all the sciences they hav^
** ttutiedy capable of doing honor to their education, and to their
<< oountry, witness, Mr. De Lery, Mr. De Salaberry, Mr. Cugpet
^ the younger, Mr. Descheneaux, &c. without naming a great
** number of Ecclesiastics who distinguish themselves among our
« Clergy. A a 2

188

Chat* I7 more than three or feur Farms %ack, of one or two
^•^ acres m breadth, and of a length to make a Fwm of
ninety acres in the whole. It is occupied by Tenants,
who hold oiUy subject to the quit rent of one or two

-^ When Efigiish young Gendemen Imve Retired to come into the
^* Seminmry, they hmTe been admilteA there opoa the sane footing
^ with Canadianf, without Any dtstinptioo or partidHty. Tliey were
^.eioeinptedy however, from attending ReligiDUt 4utie8, differing
If from tke principles of thdr •belief*

"^ I Aoold not omit annitionii^ ^thatt *ince the conquestf the
<* Bidiops of Qiid>ec have alv!«y8<reaided at the Seminary^ where it
^ 16 made a point df .duty to f umMi iqpparuneats and a taUe for them
^ frattntomly and honorably. Moeeover, this Seminary has alwaya
H been nefemaiiDoUe for the Charity daily bestowed theref as ior

** Zeal in cases of pubUc pontribution.

^ Q^«fii0|i.— -Whence proceed the discoura^mepts and faults ?

'^ jf Arwtfr««— It amy he answcredf that of all the young Gentlemeut
^ naturally studious and virtuous* who have begun their studies at a
^ fit agei not one has been discoun^ged at the Sendnary ; they left it
^< with thanks and acknowledgements for the principles tlyy learnt.
M Indeed) there has been found among the numbert some of stubborn
<< dispoutionSy little adapted for the sciences^ or incapable of that
M restraintf which is necessary to the acquisition of good morals*
^ These have gone avray ignorant, and unfortunately, judging by
^* their incapacity, an un&vourable opinion is entertf^ned of the leam-
** ing to be acquired in the Seminary. Hence, proceeds the ideai
*< pretty generally propagated, that none are admitted into the dasses
<* tbere, but«och as are disposed to take up^ an Ecdesiastical life ;
^ that their instruction is directed only to that study, and otherwise
** very contracted ; an idea, that could not be repressed even by the
«« publication in the Quebec Gazette pf the 4th of October 1787>
« No. 1155f which announced to the English and French youth the
^ opening of the ordinary Mathematical Class at the Seminary,
« vberem would be taught, according to usage for twenty years back»
#• ^ritlimetic, Algebra, Geometry, Trigonometry, together with
M the Cpoic Sections and Tactics,' in both languages, and without
i< expence to the scholars.

•< The preference given to old subjects, and even to strangers^
«c over the panadians, ip appointments to public o£Eces andjibcesof

III.

189

Capons, or a trifling sum in money, per annum, and ^^^f
to Lod$ et VenteSy a mutation fine, one twelfth of the
purcha6e money received, when the F arm is sold to a
straBger. It is inheritable, devisable by last Will

•* trait, may, perhaps, be an additional cause of discouragement :
•* But this is not within my sphere, nor is it with me to enquire
•^ whether sugih comphunts arc well or ill founded ; besides, it is my
-<* duty and the duty of all my countrymen to render endless thanks to
•* The Right Honorable Lord Dorchester, for the favors hi? has
<* been pleased to heap upon our nation, whenever opportunities
*f have offered.

** Queition^-'^The remedy or means of Instruction.
** What steps can be taken towards establishing a University in
^ this province ? or schools introductive of a University ?
•* jinswer. — ^To this I answer,

<* 1 .-—That according to my first observation at the beginning of
'* this letter, it appears, we are not yet arrived at the period for estab«
** lithtng an Um?ersity at Quebec.

** 2«-*That IB order to put the province in a state of enjoying, in
** tbefirocess of time, so precious an advantage as that of an Univer-
** tity, it is necessary to use all possible means of supporting and en-
'^ couragingthe Education already taught in the College of Mon*
^ treal and Seminary of Quebec. This I watch over with great
** attention. Generally speaking ; the scholars, are capable, at the
** time of quitting their studies, of embracing with success any kind
«* of science taught ^t an University, whether Jurisprudence, PhysiC|
•* Surgery, Navigation, Fortification, &c.

<< S.— Another object, not less essential, for the present, would

^ be to procure a third place of public instruction for youth. It

9* will be asked, no doubt, by what means ? I shall mention one

^ that is not, pferhaps, impracticable. There is in the center of

<< Quebec a handsome and spacious College, the greatest part of

« which is occupied by the troops in the Garrison. May not that

** College 1?e drawn nearer to its primitive institution by substituting

^insteadof those troops, if it should be His Excellency's pleasure^

« some useful classes, such as the Civil Law, and Navigation, to

« which may be added, if approved of, the Mathematical Class no\y

*• taught at the Seminary? Might not that* 'College itself, in the

f« course of time, be iwnstituted an University, and support itself

190

III * ^^^ Testament, subject to any kind of incumbrance,

^ ^ ' - alienable and divisible ad infinitum. The CenaitaireB

or Tenants are the real land holders of the Provmce,

or in other words, the effective and substantive power

•* in part, with the Revenues of the Estates now belonging to the
" Jesuits ? Phis mode of proceeding gradually to the establishment
** of an University appears to me much more prudent and sure,
** I acknowledge the meritorious servi^s of the Reverend Fathers
** the Jesuits, for that zeal with which they have bboured m this
*^ colony for the instruction and salvation of souls. Nevertheless, I
** should not be backward in taking immediate measures for securirg
** their College as well as their other Estates to the Canadian peo«
<< pie, under the authority of the Bishop of Quebec. But to whom
** ought the government of the Jesuits's College belong if it were
*' again set on foot ? First, to Father Glapion for his life, and
** afterwards to those who should be appointed by the Bishop. Does
^* any one wonder at such a plan ? I will state the principles upon
** which I ground it. 1 o. The funds of the College will only con-
^ si&t of the Estates of the Jesuita. 2o. The Province has no
** right to appropriate them to itself but for their original destina*
^ tion. 3o^ The propagation of the Catholic Faith ; is the prin-
** cipal motive assigned in all the Title Deeds. 4o. The circum-
** stances of the Donations, and the quality of the Donors w^U^d ^ne
** prove that to be their intention. The Canadians, considered at
** Catholics, have therefore ^ Right to those estates, which appears
incontestible. 5o. The instruction of the Ravages, and the sub-
sistence of their Missionaries, appealing to have gpeatly actuated
the Donors of those Estates^ is it i^ot fit that the Bishop of
** Quebec, who names those Missionaries, fihould b^ve it in his
** power to decide in their favour, respecting the appli^iation of that
'< part of the said Estates, which shall have been found to have been
<< given with that intent, rather than see them burdensome to po*
** vemment, as many of them has been for some years ? Therefore,
<* in preserving the Estates of the Jesuits to the Canadians under
** the authority of the Bishop, he would have a right to cause this
<< essential part of the intention of the Donors to be executed ; and
** it is besides very probable that the College and the Public woul4
** become gainers by it.

€€

191

of the Country. The Tenure of a Canadian Seigniory CrfAP*
is IPaith and Homage, a rent to the Crown of Quints j HI*
6r one fifth of the purchase money on every alienation
c^ the Fief ordinarily commuted in the freinch time,

<* Qtr^'/Zt^ii— By what means can a taste or desire for instruciion
<< be excited in the Parishes i

** ^/i/«>fr.— Thisy in my opinion , should be committed to the
<' zeal and vigilance o^ the Citrates, supported by the country Ma-
•* gistrates.

** A calumnious writer hath maliciously reported to the publicy
<* that the Clergy of this province do all in their power to keep the
'* people in ignorance, in order to domineer over them. I do not
<* know upon what ground he has been able to found so rash a propo-
'< sitiont contradicted by the care always taken by the Clergy to
** procure to the people such instruction as they are susceptible of —
•* The severity of the climate of this country ; the distances between
** the Houses of its country inhabitants ; the difficulty of assem-
<< bling the children of a parish into one place, especially in the
** winter at often as it would be necessary for their education ;
<< the inconvenience to a teacher of going daily to a great
•« number df private houses : Such are the obstacles that have render-
« ed useless the desires of many of the Curates, whose efforts to
'* instruct the children of their p« rishes are within my knowledge.
** But in towns or villages, such as I' Assomption, Boucherville, La
'< Prairie de la Magdelaine, Terrebonne, La Riviere du Chene, &c,
** we have the pleasure of finding the people, in general, pretty well
« informed ; most of these villages are supplied with schoolmasters.

** Qtfr//iW— Will the principal Citizens concur in asking a Charter
** of Incorporation f

« jinswer.'-^l understand a Charter to be Letters Patent fixing
** and consolidating the establishment of any Society or Body what-
<* soever. . To which I answer, that such a Charter as should be
** imoiediatly procured in favour of this renovated Jesuitb' College,
" might hereafter be renewed in favour of an University, which would
<* afford a great support to those establishments, and much encour-
** agement to the people.

" Qfifz/fon.— Are there i^ot lands of the Crown, which it might
be proper to request the grant of, for the benefit of an University ?

" ^0/fi^fr.-— Time will bring all things about. On the supposi-

192

Chai>. for two thirds of that fifths By the reservations of the
^ S^^^9 ^he Seigniors really become the Proprietors only
of the superficies of the Tract. All is forfeited by any
use of Mines, Minerals, or Metals* Land is reserved

" tion that the Estates of the Jesuits were to be left to the public
** for the education of youth ; a part of those Estates would in time
'^ be improved, and produce sufficient funds to be able to spare a part
« for the nece«?iiary support of an University. Independently thereof,
<* may we nnt hope that his Majesty, full of benevolence towards the
*' prosperity of his subjects, would grant them, for a work of this
** nature, some new grants en roiurCf or en Jief^ out of the waste
** land • of the Crown ?

<< Qu^'x/ft^n.— The funds and design being committed to such trusts
<< as the Governor General may think proper, may not much be
<< expected when men of learning free from illiberal prejudices are in
<< the Professor's chair for the liberal arts and sciences ?

« yfnswer — It seems to me I have sufficiently answered this
" que8ti<in in my third preliminary observation \ I shall only add;
<< that Theology will always be taught at the Seminary, and conse*
** quently, this object will never be burdensome to the public*

«« You have now. Sir, my reflections and answers respecting the
« plan of an University proposed by the Honorable Legislctive
** Council. I have informed yon with freedom and sincerity^ thatso
<* early an establishment of an University at Quebec, does not ap«
i* pear to me suitable to the present circumstances of the Province.
<< Upon this occasion, I have laid open my views and way of thinking,
** relative to the Education of our Youth. It remains that I request
« you to refer this Letter to the Committee upon the Establishment
'< in question, assuring them that nothing is nearer to my wishes
" than to concihate in all things my respect for the Government and
^« the Honorable Council, with what I owe to my Nation, to my
<< Clergy, and to that religion which I have sworn, at the foot of the
«< Altarf to maintain to the end of my Life.
I have the honor to be. Sir,

Your most humble and most obedient servant,

"JEAN FRANCs. HUBERT,

•• Bishop of Quebec "

The causes of the non-convention of the Committee before this day,

being thus explained, the Chairman, as leading to the discussion of

193

for Fdrts, Wood for fuel to the Garrisons, and Timber ChaP.
for Ship-building. Seigniors cannot refuse to concede a ^ 2f_
Farm, upon the accustomed terms, according to the
laws of the Colony. The party may take possession of

the very important subject of the reference, begg'd leave to observe
to the Committee^

That the main enquiry (the result of which i^i to be reported td
His Lordship) appeared to be,

To ifi^hat extent or degree, it was expe<£eot tGiinth>duCe'the means
df education in this province ?

Th^t certainljr there could be no division of sentiment, respecting
that elettientary instrttctidn, necessary to the lower classes in all
countries : the want of which left a people in a state oihate harbar'um*
By these he meant^

(1.) Parish free-sdiools; or a sehool in every village, for reading,
Writing and the four common rules of Arithmetic^

(2.) A C^t^/y free school^ one at least for further progress in
AnthmetiCf the Languagel, Grammar,* Book-keeping, Guaging,
Navigation, SUrveyiAg and the practical Branches of the Mathematics.

The next step in civilised Countries, was an University or a colle-
giate Society^ for instruction in the liberal arts and sciences ; and
how far the province was prepared for such an institution, was the
point whicb the Right Reverend Bishop, had with much reason,
, made the subject of his deliberation.

TIm Chairman concurred with the venerable Bishop, that the
erection of an University, measuring it by the European scale, would
be extravagant, as neither adapted to the abilities, nor the wants of
a country, not yet coqsisting of one hundred and fifty thousand ia«
habitants, who had a wilderness before them, to be brought into cul-
tivation for obtaining the necessaries of life*

It was nevertheless to be wished that the y6uth of the province
might not be estranged from it, by an Education in foreign parts,
but find at home sufficient means to qualify them for the trusts, offices
tod honors of their native community.

Tho' the idea therefore of establishing such a fountain of Light

hre^ as is found in the Universities of the old continent, for the
''AiSodoBof knowledge among the Nations, and tbro' the immense

194

Cbap# die land, and from that time, it becomes united to the
^ ^ domain of the Ring9 whose Tenant he becomes. The
Seigniors are the Gentlemen of the Country, but are
llotalways the men of the greatest opulence; forbythe

regioas of His ^Cajeflty'8 inlaDd Dominions, which is ody to be
indulged as an object of distant prospectt the great and important
questions still renuuned.

How far the necessities of the Colony demand, and its abilities will
permit, of a College or Academy for that improvement of the mind,
presupposed in every advancement to real usefulness in any of th^
learned professions, and indispensably necessary to every great social
collection $ and without which, it muu be indebted to Emigrant
fiom other Coontries.

A College under one Rector and four tutora, dividing the labour
be t w een them, would, in his opinion, be sufikient, for instjractiqg
the Students to be expected from aU the provinces on this Continent,
now remaining to Great-Britain, in Grammar, Logic, Rhetoric,
Bfath^matics, Natural Philosophy, MeUphincs and Ethics ; and
these sciences made the path, which all were obliged to walk in, te
obtain any degree of Eminence in the learned profesiioni, to give a
snan distinction among hit fellow Citisens, and to enable him to coae
Ibrward to the Magistracy and other important sernoet of hit Coontry,

The Chairman added, that tho' an institution of this extent oould
not be veiy expensive, it would nevertheless recpiire an union of hearts
and hands, to give it the desbed prosperity ; aord this it certainly
could not want, by due guards against the illiberality of a contracted
and sectarian spirit. To which end, it was his idea, the state of the
province considered.

That Christian Thsology be no branch of instruction in this Col-
lege ; but left to be provided for by the two communions that divide
th# province, in sudi way as they elect, and by such means as they
respectively poetess or may acquhv.

That a corporation be created by letters patent, capable of Dona-
nations, and perpetual succession, and with authority to make By-hws.
That the visitation be vested in the Crown.

That the King's Judges and the Bishops of the province for the -
t^ being, both Catholic and Protestant, be members of the cor—
iporalion ; and the rest le tixttea «r twenty of the principal

195

sob-divisible inheritances of the French law, and the
power of alienation, there are Tenants richer than the
heirs of the first proprietor of the Seigniory, and Seig*
niors that are Heirs primitif^ who have been reduced
to poverty.

tlemen of the country^ an equal number of both communions ; and
that Facanciet be filled, by the majority of the voices of the whole
body.

That proper clauses be inserted in the Charter to repel avery ap«
propriatxon and by law, touching the funds or government of the
College, to any other than the promotion of science at target as afore*
snentioned ; in exclusion of all biasses, ceremonies, creeds and discri-
linarinns, either of the Protestant or Catholic conminnion.

Upon the remedy of the defects by the order su)>posed to exist,
'the Chairman remarked. That the erection of the village and county-
fltfadolsy would require an act of the legislature ; rating each parish
in assessments, for the firee-schools of its own district.

That the objections of the indig^ent to their contributions fer either,
were answered, by giving their children the benefit, with a exemp-
tion of themselves from the general chargre ; and those which may
arise in the old districts of Quebec and Montreal, from their having
fends and schools already of their own, by making all such persons
dso exempt, whose children really were in such course of education*

If the burden was to be felt any where as heavy, it could be only
ia the new counties, where the colonists were occupied, in the culti-
''nsoma of lands still in a wilderness state.

Bot'even those parts of the province, young as they are, would
probably find no cause to complain. The Noble Lord at the head
of the Government, had already set apart portions of land, to encour-
lage the instruction of the children of their villages ; and they had
ample ground to look for other appointments for the county schools
of their DUiricts ; not to mention, that the applauded merit of their
fiddity to the Crown, in the late troubles, may expect aid, as soon
as their wants are properly revealed, from the numerous charitable
foundations and societies of the mother country, for which it is Sq
greatly renowned.

Least of all^ as the Chairman conceived, was it to be apprehendejl
tkata ColonyXloUege would fail, unless there was in its own bowels,
tsmetbing repugnant to the energy essential to its success.

196

Chap; The Couacil stated in their ResoIves«*That the pro.
1_ . gJ'css of population and settlement in this Province un-
der the Government of France^ whatever the cause
or causes of it, was slow, the cultivated parts even in
the central Districts of Quebec, Three Rivers, and

It may most assuredly expect the powerful patronage of the Crown,
apd of all that wish well to science, so friepdly to the interests of
our conunon humanity t perhaps, it may be thought worthy of th^
National attention.

The Right Reverend Bishop of Quebec was not singular in
suggesting, that a portion of the Estates of the dissolved order of
Jesuits, lays open to such a purpose.

It is not wholly asked for by the Right Honorable Lord Amherst:
There is a part to be reterved for public uses ; and the extent of that
raervatioHf is a part of that confidence which His Majesty, in his
great grace to his people, has committed to that Noble Personage,
under whose care the province is, at a moment so auspicious to the
laudable design, hiuMclf recoounendstotheattentionof this Committee.

There is nothing to discourage the hope of additional bene&ctioDS
cot of his Majesty's oiitr £uatii in the Province.

There are Waste Lands in vaHous places, and of such proximity
to the old settlements, as might be soon tenanted, to furnish a reve-
nue to grow with the country, and be sufficient for the instruction,
in its progress to that desirable perfection, prayed for by the good
Bishop ; and in which he must be joined by every friend of mankind.

It happens to trusts to individuals, that the dread of a perversion
of the funds, gives discouragements to gifts. The contrary is the
natural consequence, of pouring the donations into l^et offerfetual
existence, with a just frame, for a noUe end, and qndpr the e^of^
the Goffemmeni*

The Corporation once instiuted, may boldly come to the foot of ^
the Throne, and ask a brief for a National Collection : Abstrapt 2

ftom the encouragement of public Bodies, there are instances ofpri

vate opulence in many places, with a generosity equal to that opul —
f nee, and on the watch for opportunities, to devote it to enterprises focv
advancing the honor of the Nation, the interest of learning, and the^
welfare of the Human Race.

Tlje Jesuit's spacious buildings, as the Bishop has obseryed, affof&=
ample apartments for a coUegiate life.

197

Montreal, being to this day, confined to the banks CHAPf
of the St. Lawrence, and the mouths of the navigable ''^*
streams that fall into it.

That the royal patents, grants or concessions of the
lands, were either in Seigniory or in Roture ; the hu

The private subscribers of QuebeCy who have already at a great
expence made an ample collection of well chosen books, will doubtless
see it consist with their original design, to lodge them in the College*
library for general use.

The Board for Commons, and the Tuition-money, will go to the
support of the College, Students if it has fame, may be expected
from all the provinces under the Governor General residing in this ;
and the advantage of acquiring one of the most universal Languages
of Europe, may be a motive, even in remote countries, for taking th^
whole circle of the sciences, in a College projected for the commence*
roent of an University in Canada, for His Majesty's American
Dominions. x

No greater revenue can be at first wanted, than will render the
station of one Rector and four Tutors, worthy the choice of meji
qualified by their morals and talents, for a work and sphere, which
the necessities of many among the learned in Europe, would lead them
to wish for. And there are, whom the hope of being so honorably
and usefully employed, would excite to forgo even the present com-
forts of local attachments, to embrace it.

Advanced io the iniititution of a College, the Committee must
perceive, that like a reservoir for watering the surrounding fields,
this, as a fountain, would find Candidates in the province^ for the
pare of all the inferior schools, in our expanded population, to the ex-
tremity of the British Dominions in the West ; and that therefore*
tho* this was mentioned last in the chain of deliberation, it ought to
have the chief influence, even with those, who might before have
been only advocates for those lower exertions, immediatly necessary
to the village and county schools.

For a full discussion, however, of the subject (on which any
Gentleman had right to move what he thought proper, and try the
•ease of the Committee upon it) the Chairman proposed, that tl^c
«[»cstion be put singly, upon the following resolves j

Chap* ttr conasdng of town lots, fiurms or small tracts, and the
Seigniories larger tracts of Tarious dimensions, many of
which are in the rear, or at a few leagues from the con*
yenience of water carriage, still in forest.

FirsU That it is expedient without dehy, to ertct ptridi or vilfafl
free-schoolt, in every district of the province, it the determinmtion of
the Migistntes of the district, in their Quarter SttsioQ of the Pdne.

Secomdf That it is also expedient, that each dittrict have a free*
school, in the central or county town of the district.

Thirds That the tuition of the village schopbf bt UmiCed to icad*
iDg, writing, and cyphering.

Fourtht That the instruction in the district or county schooli,
extend to all the rules of Arithmetic, the Languages, Granmisr,
Book-keeping, Guaging, Navigation, Surveying, and the practical
branches of the Mathematics,

Ftfih^ That it is expedient to erect a collegiate instiution, Cor col*
tivating the Uberal arts and sciences usually taught in the EuropesD
Universities; the Theology of Christians excepted, on account of
themixtureof two Communions, whose joint aid is desirable, u fiur
as they agree, and who ought to be left to find a separate provukn
for the candidates in the ministry of their respective churches*

StMtht That it is essential to the origin and succus of such an initi*
tution, that a society be incorporated for the purpose ; and that tbe
charter wisely provide against the preversion of the institution, to
any sectarian |ieculiarities ; leaving free scope, fer cultivating thr
general circle of iht sciences.

After deliberating upon the subject at large.

Agreed, that the general question of concurrence be put upon all
the resolves ; and it being put accordingly, the Committee concurred
in them, and order th^t it be reported to His Lordship, U thdr
unanimous opinion*

Signed by order of the Committee, 26th. Nov. 1789.

Wm. smith. Chairman.

ORDERED by His Loaps^^>, with the advice of the Couodl^
that the Clerk forthwith cause the foregoing Report to be pris*
ted in both Languages, for the use of the Members, and that a
competent number of the printed copies be forwarded to all the She-
riffs in the Province, who are to take course for distributing the same

190

That the French Song's territorial revenue afosiT CHAt4
from quints or alienation fines of one fifth of the consi* I'^
deration money payable by the purchaser of the lands
held m Seigniory ; and of lots et ventes of one twelfth
on the sale of lands held in roture ; the lands in ro«
ture ordinarily paying also ( ens et R ente, the Cens be-
ing one S0I9 or an English half pence for a front of one
acre or one hundred and eighty French feet, and the
rent, another sol for every acre of the concession, with
81 bushel of wheat for every forty acres, or two ht Ca-
pons of the value of twenty sols.

That the French Crown did not exact its tohoU
daes, but remitted a third both of the quint and lods et
irentes.

That the Seigniories were parcelled out into farms,
and these conveyed to the Seigniors under the charges of
Cens et Rente, and subject to lods et ventes, except
where a large parcel was granted in arriere fief ; on the
subsequent transfers whereof a quint became due to the
Sagnior without Cens et rentes.

That all the grantees as well of the Crown as of
the Seigniors, had permanent estates, under an haben-
dum to them their Heirs and Assigns.

That according to the Receiver General's accounts,
the territorial Revenue for the thirteen years from first

among the Magistratet^ and the Parish Clergy of their respective
BailiwickSf that a subject so intimately connected with the Interestf
of the Peqpki ^ay be generally understood,

CoovpiL Chamber, QuxBBCyl

Mth. December, 1789. J By Order,

J. WILLIAMS, C. C.

nob

Chap. May one thoiisartd seven hundred and ^eVenty-five, to
first May one thousand eight hundred and eighty-eight,
(comprehending arrears) was in actual receipt at the
Treasury not equal to ten thousand pounds sterUng.

Later from Charles Fi-ancis Bailly, Coadjutor of Quebec, and titular
Bishop of Capsa, dated Polnte aux Tremh/ei, 5th April, 1790, aJ-
drrssed to the HoHorahte William Smith, President of a Committee
of the Executive Council of Quebec, on a Reference to the Council
on the means of promoting Education.

SIR AND GENTLEMEN,

In a Report of a Committee of Council on the subject <rf
Education, which has lately been transmitted to me, I have seen a
letter siirned, Jean Fran9oi8 Hubert, Bishop of Quebec : after ha»
ving read it with the most serious attention, neither recognizing the
Stile, nor the language of the ilJitstrious Pfelate, that the Canadians
are so happy to have at their head, I do, notwithstanding the respe(^
I have for the Honorable President and the other Members of the
Committee, conceive, that the whole letter is an imposition, in the
name of our beloved Prelate, and a Rhapsody, ill conceived, which
tome one has had the effrontery to present under his venerable name*
Who is it that could think, that at the very moment when we are
permitted to approach the Throne with a humble confidence in the
Royal Bounty for further favours, under the protection and assist-
ance of our worthy Governor, that the Bishop of Quebec, should
be the only person against the establishment of an University, and
that too, without having consulted his Clergy, the Noblesse or the
most respectable of our Citizens ; he says, << without having taken
any steps with regard to my Clergy, or the Canadians in general," &c.
Even supposing that the Letter was realty his, it would only cbnfafn
his private opinion, not that of the Province, which is asked*

Permit me. Gentlemen, to communicate to you my observations,
to convince you of »he truth of my statement.— The Rhapsodist,
under the name of the Bishop of Quebec, expresses the joy he feels,
from the prospect of the establishment of an University «• These arc
my wishes :** he gives thanks to God, " for having inspired the dc-
sire, and hopes He will favor the design ;** but, at that very instant,
this joy, this hop? in G'>d disappears ; God inspires it, and he, tlic
Bishop, withholds the means of ej^ecuting it, and his pious prayers

201

Which together wjth certain duties of customs fixed Chap.
by act of parliament, is by the royal grace given to the JH«
Province towards the support of its Government.

become nugatory and useless, and why ? because hV does not think
the Province contains a sufficient number of Scholars.

If we are to wait until the Lands are cleared as far as the Pole ;
and without the aid of Masiera and Professors, our Youth are to
acquire of themselves the necessary instruction for a University —
we may 9 accord ng to these ideas, &id ourselves one fine momingt
transported to the Valley of Jehosaphat^ and certainly to the left
of the Doctors of the Church. ** A Farmer with money, adds
«* he, who wishes to leave ah inheritance to his Cbildreny would
•* rather apply it to Agriculture, and in purchases of Land, than
<* to give him an Education, on which he sets no value.'' If
to, he nuist suppose our Husbandnien to be descended in direct
line from those tneUf. mentioned by St. John, in the Third Chapter
of the Go^l, ** Et delexfrunt homines tenebrMSfWiagu ^uam Lucent f'*
Whatever he may say to the contrary, this is precisely the evil, and
a great evil it is, which the King's worthy Representative wishes to
correct. With this view it was, that he appointed a Committee^
composed of men of enlarged minds and enlightened understandings,
who have made the most effectual researches, in order to prevent an
.-* ignorant Father from transmitting with his estate, to his Son, hit
stupidity from generation to generation. And what remedy can be more
effectual than the establishment of an University ? Aware of the
advantages of a good education, and the privileges that accompany
it, the Farmer, happy to find on the return of his Son, that the stu-
pid and clownish manners, he took with him to College, are exchan-
ged for those of decency and civility, will feel a pride Siud satisfacti-
on in increasing his efforts, the better to enable him to advance his
education, now becon^e of so much value and importance.

It in only necessary to cast an eye to the English ColJnies to be
convinced, that there the Sciences fburtsh, though the country is
but inconsiderably cleared, and though there are but few inhabitants.
France,- wich twenty-two Universities, Italy and Spain which swarm
with them, want husbandmen. Admit fur a moment, with the wri-
ter of this letter, that without a University, a numerous population
may vegetate in ignorance, barbarism, itnd fanaticism—- Asia, Africa^*

202

That in exploring the causes of the tardy progressi-
on of the population of the colony under the Govcin.
ment of France, there seems to be little or no ground
for ascribing it to the non compliance of the Seigniors

prove it. Is there a man in Canada, however insenttble, that wouU
not but grieve in the bitterness of his heait, that our Yonth; with
the best dispositions in the world, should be to neglected.

Quebec, the residence of the Commander in Chief in North Ame*
rica might be the Centre, to unite the Scholars from the different
Provinces in Annerica — in Nova Scotia, New Brunswick ; in the up-
per Settlements, as well as other Districts, there are Towns which,
though neither as large as London or Paris, cannot be called, desert*
ed Villages. Quebec, Montreal, Three Rivers, William Henry, are
more populous than the Rhapsodist states. Is it from malice or
from ignorance, that he does not mention New Johnstown, Lunen«
burgh and many other considerable Towns and Villages, both in
Upper Canada, or in the Bay of Chaleur, which might furnish a
great number of Scholars : Ought he not to confess, that a great oum-
ber of those who frequent, what is called the College in Canada, are
taken from the Country ? The Clergy admit them, and certaiolf
they are not the least respectable ; and there is no doubt, but that
their numbers would increase if they had a better education, under
more able masters. Reject the means of Education that are now of*
fered, and you chuae the greatest of all evils that can happen to the
Province, to the general good, and the inestimable advantage of ma*
king it flourish.

The following objection is equally ill founded :— ^ France has sub-
sisted since the fifth century to the twelfth, without a University*''
If all her Monarchs had been as despotic as they were ignorant, she
would have continued so to the present hour. Does he wish to per-
suade us, who only date as far back as two hundred years, that we
should continue one tliou«ind years in ignorance ? No man in his
senses, could entertain such an an idea, nor build his system on his
conclusions. The Sciences we know languish under the Feifa of ig-
norance, and under the lash of despotism* As to vs, let us hasten
to invite the Sciences to be with us, let us even seek then.

Hoc agite^ 6 JuveneSf cireunupuit et itimulat vos materiumque -iH
duels indulgentla gtuerst^^Juvenal Sat. 10— Remark also, that this
Transcriber is not more fortunate in his chronology than in his o^

20S

with the conditions for cultivation expressed in their pa- Chap.
tents or grants ; the instances of prosecutions for tak- ^''*
tng an advantage of those conditions, and reuniting their
Seigniories to the royal domain, being rare—and the

position ; he confidently states, that the University of Paris, esta-
blished in the twelfth century, is the oldest« If he had consulted
other authors than Avocat and La Martiniere, he would have learnt,
that before the ninth century, England had founded the University of
Oxford, through . the exertions of the greatest Monarch she ever
knew, and who is called by Historians the Great Alfred, that his
trusty friend, the Reverend Abbe N^ot, drew up the statutes, and
was a Professor of Theology in it. That the Pope Martin called tt>
Alma Oxonlentlum UnlvertitaSi and gave it great immunities, not-
withstanding the Presjdent Hainault and others may say to the con-
trary. The University of Paris dates its origin from the ninth century.
The Compiler likes novelty, two or three centuries more or less, are
faults to be attributed only to orthography.

At one time a view of the Colonies enchants him, the idea of Com-
merce delights him. He there finds the means necessary to produce
the establishment of a University. No doubt, the American Mu-
ses, like him, delight in the noise made by caulkers of ships, and
the arrival of sailors from long voyages. — There is an old proverb
tKtt says, Trahit suaquemque vohptas. — Unhappy Sisters of Greece,
the verdure of your groves ; hills covered with thousands and thou-
sands of flowers, the borders of a clear river, flowing with soft mur-
murs in the valleys, were your delight. Immortal Virgil, under the
thick foliage of a Beech Tree, you enjoyed the echo of your innocent
longs : Recuhans tub tegmlne fagi. All Nations have placed their
Universities far from the sea and noise of commerce. Bologne, Sa*
Umanca, Cambridge, Paris, &c. &c. &c.

As to the different questions that he proposes, with respect to the
management or direction of the University, they are piienlc — A Cor*
foration or Community^'l trust, he does not mean a Convent of Ca-
puchins— -but let him understand what he pleases ; without looking
into the dictionary, I will tell him, that a University has never been,
Qor ever will be, other than a body of Professors and Scholars establish-
ed by public authority, to teach the Sciences and the Arts. ** Who is
to have the mana^eiiient 2*'-— T ask, who has the authority to establish

C c 2

204

Chap. Seigniorial censitaires so much more numerous than
, "^* , the King's, that the former, or the inhabitants of the
Seigniories, at all times did, and do now, constitute the
main body of the landholders of the country.

it ? The King. To the King, therefore, belongs the government of
ity according to the principle. Qui dat ejtfp dat cotuequenUr nudum
esse. ^ What rank will tlie Bishop or his Coadjutor have ?'* The
rank that i>elong^ to knowledge and merit in every University, I an-
swer.— "T here is no University in Europe, where the Mitre does not
yield to the cap and to the Hood of Aristotle : Besides, Bishops in fu-
ture, will be taken only from the University.

<' A union which will protect the Catholic and Prosestant." He
acknowledges it would be de&irable : but he remarks, *< these are
vague assertions." Are they more so, than those contained in his
letter ? ** I would before" " I understand by this, a Rector will
be peipetual or removable" &c« If these expressions are vague^
why does he say, that what he announces is desirable, he dreads, he
feart the danger ? What, under the sanction of the laws of Great
Britain, the Royal word, the protection of His Majesty's Governor
and Council, in the middle of the eighteenth century. He has ap-
prehensions ; as to me, / have none. — On the conttary, I see with
pleasure, that the Catholic and Protestant will be equally protected
by a wise and prudent administration. There will be none in the
Chairs of our Schools but wise Professors, on the forms, none
but studious Scholars. In public situations, and in our streets, we
shall find citizens united, aiding and loving each other according to
the Gospel. I will not conceal myself in a corner df a room to see
whether a mother, after having worked hard in her house, and a fa-
ther, as to what concerns his family without doors, shall have taken
Holy Water, or have made the sign of the Cross, before going to
bed. I shall go publicly in our churches, and adore God and pray
to hiir, in the language of Horace and Virgil. I shall pray fervent-
ly to God, to bring back those that may have fallen into error, who
are the work of his hands, and pray, that he may make them happy
in the world to comt. — Let it be also remarked, that as the edicts of
the most Christian King, the Arrets of Parliaments, the Treaties of
Feacet the Capitulation, nor the wisdom or foresight of the Legis*
latare» have ever been able to shelter the Clergy of France and the
Monksf from the maulu of the Natiooal Aatembly : can he think,
that any peraon hertf can render them titperior or inaccessible, to

205

That the feudal System, if that was amongst the Cmap«
causes of the non settlement and proportionable debility 'H,
of the French colony, operating to a discouragement of
the royal grants, as well as the grants of the subject,

those revolutions that Divine Providence permits from time to time ?

Men, without prejudice, appears to him like a snare — he is afrmd
of bang entrapped. Should there he a snare, it is not well coveted
with leaves and flowers ; none hut him, would have suspected that
there was a snare. Men without prejudices, can he only those that,
are of good morals ; not spendthrifts, misers, dehauchees, however
free they may he in their thoughts, will be of the number of those
called men, without prejudices : the Sybarites themselves would have
excluded them. As to fanatics, monsters more to be dreaded, than
those produced in the desarts of Africa, ought to be excluded and
driven away for ever. The Man solely calculated to fill the Chair
in our University, ought to be one, \^hose Instructions shall be ex-
empt from all Questions irrelevant and foreign. Who would not laugh
at Horace's ridiculous description of his Art of Poetry, and if so,
how much more, if one of our Professors of Philosophy or Astro •
nomy were to commeiice a Treatise on the right of Bishops to
explain the laws of Motions and the course of the Planets ; or a
Professor of Anatomy to prove the circulation of the Blood, by the
authenticity of St, Paul's Epistle to the Hebrews.

*'Is it true," observes the President of the Committee, ** that by
a calculation, not more than half a dozen of persons in a Parish can
read and write V* Before his having given an answer, I shall sup-
pose, that the skilful Navigator, whom all nations revere, had ob-
served, that at Otahite, that he only found a dozen of men, and
that the Island was almost deserted ; tliat one of his under officers
should have discovered a dozen more men and women, would it have
destroyed the testimony of the immortal Cook, and ought we to
have believed that the Island was very populous ? In observing,
that on a calculation, there are a dozen or more, one is led to sup-
pose, that the assertion is but too true, and that the ignorance in
the Country is great indeed.

« From whence does this discouragement proceed ¥*

If he had confined himself and observed, that it was owing to the
want of emulation, the want of attention to childreo, or a want of
jSrmnett ia the Others and mothers ; but no, till our ancettora shall

206

Chap* there can be no just ground for holding the grantees to
"'* a rigorous performance of the conditions of their grants.

That it was among the main causes of that low con-
dition^ in which Canada was found at the British con-

kiTc cleared laodji have peopled the vast extent of coontry which
by* between the forty-aeveath degree which we inhabit^ and the Po-
lar Circky the nanne of Dorchester shall be held in the highest vene*
ration and respect. It will always be said, that by his protection,
the Noblesse have been loaded with favours, and that the Caaa-
cfians St large, have been protected ; would not one order silence to an
impertinent fellow, who should say, that it was extraordinary, that a
conquered people should dare to prescribe laws to those by whom
they Yiatne been conquered.

Charlemagne, invited the great Alcuinus of the English Schools,
to establish them in France ; he made him his favorite $ he enriched
Irim with the most lucrative benefices in France, and the whole Clerw
gy rejoiced at these advancements. Francis the First, was called the
Restorer of Letters, only because he made learning flourish, by col-
lecting men of letters from different Countries-^The BuchannanV
from Scotland, the Goveas from Portugal. The Pontificate of Leo
X. wa» the age of the Fine Arts in Italy, from the number of lear-
ned men he brought over from Greece. A Chief Justice, whose ex-
tensive erudition so easily unravels the chaos of our mixed laws
whose name is known with repute in both hemispheres, an able Phy.
•idan, that France envies, belonging to Great Britain ; who the
wise Abb^ Sauri has celebrated for his discoveries, in the midst of
Paris — wise and honorable Counsellors, constantly engaged in taking
care of your interests — Judges of integrity, who, with an indefati-
gable zeal, make the circuit of our Country Parishes, to bring jus-
lice home to the door of the Widow and the Orphan, which they
have not the means to acqw're in the Capital. Those conservators
cfF tlic Peace, the choisestof our fellow^ntizens, £stributed through
rarioti» parts of the Prorince to maintain the public tranquillity •
do not these things speak loudly im favor of the opinion, that our
worthy Governor aHticipttet all our wants ; that he has always meana
ready, to make ua happy, that no one is forgotten, and that his be-
prfuloice is M impartial as it is vaiversal*
^ What Btaas ve required for the fstaWishmrni of ptvpantorT

207

quest) is deducible from the probability, that many thou*
sands of families had found their account in emigrating ^ ^^^
from the exuberant population of the Kingdom of
France, if the government had given their lands here

Schools ?" If the time is not arrived for an University, in what are
the preparatory Schbols to end ? It appears to roe, and it is an ac-
knowledged principlcy that the humble creature ought to imitate the
works of the Creator* God created Heaven and Earthy after ivhidi
he created light, tho' neither birds nor quadrupeds, nor even m«n«
for whom alone they were produced, were then in existence.^ — JLet
us have a University, and we shall have zealous Curis, geoeroiis
Seigniors, and inhabitants of good sense, who united, will soon find
the means to establish preparatory Schools. Who is there, without
these, can believe, that Students can be collected in the vain hop* of
an establishment, only reserved fur future ages: Canadians, you will

continue then to send your Children beyond the Seas, to finish their
education.

Here a new order of things presents itself. Emboldened by the sup-
posed solidity of his objections, the Bishop rises, takes his flight, and
after havirg hovered about in the air, he falls upon new rights, seizes
them, and ascribes to himself, as Bishop of Quebec, the exclusive right
to the administration of the Estates of the Jesuits, and he lays claim to
the whole Estate of the Jesuits. *< I shall not hesitate to take
measures to seeure their College and other property to the Canadiau
people, under the controul of the Bishop of Quebec/' — After the
death of Father Clapion, the management will belong to him that
shall be appointed by the Bishop.

You, Gentlemen, our Legislators, th« representation of our x\ii-
gust Sovereign^ what do you think ? What will be thought in Eu-
rope, where your Report will appear, of those timid expressioun*
You Canadian Gentlemen, it is an imposition on you, that your Bi*
shop should liave such a thought. — This sentiment must have W^-n
put in his moivth— -Render the homage due to his heart, to his vktuc,
to his inviolable attachment for his Sovereign and his Governor.

" How to inspire a love of the Sciences in the different Parishes.** Of
what avail will it be to inspire a love of the Sciences, when the means
of bringing it to perfection is wanting ? A writer, who asserta, that
it is the policy of the Clergy to keep the people in a state of igno>
ranee, is considered as a calumniator ; is the answer to this calumny

208

Chap, on easy terms, and especially in the fertile regions and
MI. moderate climates, on the banks of the rivers and lakes
in the South and South West.

sufficient ? He opposes, it is the Rhapsodist that opposes the graci-
ous means offered by the Governor and Council. — « The time is not
arrived to have a University," that is to say, to let the light of Sci-
ence shine upon the poor Canadians. Their eyes are too weak ; clouds
must be raised to intercept the smallest glimmering of light. The
numerous Universities in Europe snd in the South of America the
fwarms of Missionaries, that continually cross the seas, who even sa-
crifice their lives to enlighten the ignorant, prove, that the Catholics
do not reject the Sdences, and that they cultivate the arts ia all their
bn nches.

I shall stop here, it is not necessary to shew that the letter i»
question could not have been written by the Bishop of Quebee This
letter is a convincing proof that we have need of good Logicians, to
correct our ideas, of Philolog'sts, of Grammarians, to furnish us
with expressions, construction, energy, and the epistolary stile. Wick-
ed Zoilus' will chatter, they have free scope. As to the writer, I
believe he is convinced of his own insnificiency, or of hu too great
ielf'iujicleney. If he continues to be the Pi-oto defender of ignorance in
the eighteenth century, let him go to Arcadia, and search for the
glory and the apotheosis^ and the nightingales shall chant his praise.
Now, Sir^ I can no longer delay an answer which you appear to
desire — You ask my opinion upon the subject, and as to the means
of carrying it into execution.— Doubting my abilities, and entertain-
ing a full confidence in yours, and for that affectionate attachment
you have for this Country, so well known to the whole Province, I bad
waited until I saw your Plan and Resolutions, with a determination lo
second them with all my efforts* Yes, Sir, it is full time that a Ui river-
lity should be e«<tablislied in Canada. I have merely given an outline of
the plan to iIk* Public, and then to stop would be to create discoii.
agement, indeed a general di8Couragement,.and to create a distrust, dif-
ficult to bring people's minds back again. Can we flatter ourselves
with the hope, that those Scholars who are now ready, will ever re-
turn, who may never see the excecution of the plan* With grief our
best citizens are placed between expatriation of their children, igno-
ranee and idleness. Are there any establisluiients^ whose beginnings
are otherwise than small I Who can assure us> that our Gracious Sor

209

That the discouragement of that System to the set- Chap.
tlement of the old French grants, must in future great- ^ yy
ly increase ; the population of the Province depending
now upon the introduction of British subjects, ^o are

▼ereign will be always so well disposed towards usy and that we shall
always have so good a Governor ? Means cannot be wanting — nor
need we look for them in the bowels of the Earth. Industrious per-
sons will bring them forth, and clear sighted people will find them
out. What an example ! What hopes does not ike respectable
person, just dead, give us, and whom we all regret. Mr. Sangui-
net, illustrious citizen, after having passed with honor through the
different grades of Society, as good a Patriot, as a eealous Catholic,
leaves us, when dying, a considerable sum of money, a Seigniory,
the revenue of which must increase. — A striking proof, that the
Canadians sigh for a good education, nor are they surpassed by our
neighbours, in the love and zeal for the public good. If the plan
for the University had t>een sooner known, how many of our Citi-
zens might have anticipated his example.

As to the Professors, they cannot all be found in the Province :
but a reciprocal good understanding will procure them soon for ust
irreproachable manners, a mind enlarged by knowledge and a love
of the sciences, will qualify them, and prepare them for our choice.
The Christian Theology being left to each Communion, it is of little
consequence, who teaches Aristotle and Euclid. — Catholics and Pro-
tesUnts being equally the object of a constant and ^gilant attention,
all jeak)usies ought to die away, and our wise and liberal Govern,
went has always shewn the desire to obtain such a happy union.

The thickness of the walls, the spacious i^partments, the num-
ber of Colleges, ought not to deter us Some Universities in Eu.
rope are renowned, that have but a small College : the talents and
reputation of the Professors are the essential requisites. Four Pro-
fessors and a Rector, as the Honorable President thinks, are all that
are wanted.

As to the number of the Parishes and their Inhabitants, and the
Ecclesiastical Revenues you have been acquainted with their num.
hers and extent.

What U the nature and number of the Scholars and Colleges esta
hTuhed?

210

*" m^* ^^^^^ ^^ ^ ^'' ^^^^^ ^^ ^y ^^ English tenures ; and
the Canadian Seigniors of course be left without a hope

of multiplying their censitaires, except' from the predi-
lection of the descendants of the French planters, to
usages no longer prompted by the motives of interest,
nor recommended by example.

I know of none established by Public Authority in Canada. To
the kindness of the Gentlemen of the Senninary of Quebec, and to
the Citizens of Muntrea],we are indebted for those we have at
present. There are aeTTeral Cur^ that have Schools for teaching
Writtngy Reading and Arithmetic in the Parishes. No others are
established at present* I do not see any reason to prevent the Bishop
irisiting the English Schools. At least, as a citizen, he ought to
encourage every one, labouring for the public good. I think, I
should do injustice to the Subscribers of the Quebec Library, to
suppose, that they would not give free access to their Library. The
books belonging to the College, I am sure, would always be at their
•crvice.

Fearing that I have been too diffuse, I leave a task, far beyond
ray strength. I conjure, you, Sir and Gentlemen, by all that issacied,
as one of the most fiithful subjects of the best of Kings, as holding
a distinguised rank in the Church of Canada, as a Canadian attached
to his country by th)( strongest ties, to pursue with diligence, this
great and honorable enterprize, which cannot fail to add to the joy,
and satisfaction of all the citizens of the Province, and will unite their
hearts and cement their union for ever.— Second the goiKl intentions
ci our Governor ; that he may see the steps he has taken, crowned
with success.

£t jfci ei rath ttudiorum in Csiare tantum
iolut enim trittcs iempestate Cam^tnai

Resficet JuvENAL — Sat. la

What glory for you. Gentlemen, to see your names placed at the
head of the List of the first Promoters of the University, by the
hands of gratitude.

These are my sentiments, in which I have the honor to be, &c,

CHARLES FRANCOIS DE CAPSE,

Coadjutor of Quebec.

211

That the grant of the waste lands of the Crown in Chap,
free and common soccage, is essential to the growth, ^^
strength^ defence and satety of the Province*

That unless the old French Seigniories can be set-
tled upon terms as advantageous to the husbandman as
the lands of the Crown, their land market must be at
a stand, to the detriment of the proprietors, until the
cultivation of the waste lands of the Crovm, is damped
by their remoteness from all water carriage, and the
conveniencies and benefits of commerce.

That with the advantage of a vicinity to the naviga-
ble waters and a conversion of the tenures, the Seignio-
ries will probably be the first to be fully cultivated, atid
with an increase of profit to the proprietors, under that
ample dominion, which they will then enjoy over their
lands, for settling them upon such terms as themselves
may concert, to form a populous tenanty, and lay a
foundation in property j for that perpetuity of their names
and families, which a wise and well balanced govern-
ment will be inclined to encourage and support.

That the King^s Roturier tenants, cannot fail to wish
for a conversion and discharge from the Cens rente and
Lods et Ventes, and all the other feudal burdens con-
nected with the tenure under which they now hold.

That the motives of interest will naturjilly make it
the desire also of every Seigniorial censitaire, to stand
upon the same free foundation of exemption with the
other landholders of the Colony ; but as this commuta-
tion for a discharge of the rents and dues to the land«
lords, must necessarily depend upon private conventions
between them and their tenants, and involving conside-
rations, nut of the contemplation^ of any but the parties

Dd 2

212

Chap, redprocally interested, their cases cannot be the objects
• of special and particular fegislaiive provision ; perhaps
the surest means of securing to the tenant a fair com-
pact, will be to hold the Lord to his dues to the Crown,
until he has discharged his tenants, from all the feudal
mcombrances in his own favour.

That the prerogative is competent to put the waste
lands of the Crown, under a Soccage tenure. But the
legislative interposition is necessary, to make that tenure
inuversaL

That if this is to be the work, not of Parliament,
but of the Colony Legislature, the royal instructions
given lor the greater security of the property of the sub-
ject, will require an act with a probationary or suspend-
ing clause^ until His Majesty's approbaticxi can be ob-
tained.

That an absolute and universal commutation of the
ancient tenures, tho^ for a better j would be a measure of
doubtful policy ; but that no substantial objection oc-
curs, against giving such individuals that benefit as de-
sire it ; and especially to such of the Sdgniors whose
tenants or censitaires, shall conceive it to be for their
own, as well as for the interest and benefit of their land-
lords ; and may therefore signify their consent to the
change.

It might, also, have been observed by the Commit.
tee, that among the causes of the non settlement of the
Country is the divisibility of Property under the French
law. Every day's experience proves the necessity of
changing the law in this respect. It is well known, that

213

when a habitant or Parmer dies seized of a farm tn^en- Chap.
sive^ of the ordinary size of ninety acres, and happens ^ ^|^*
to leave six children, that the proportion of each, which
IS fifteen acres in superficies, not sufficient for the sub-
sistence of a family, and the consequence is, that po-
verty and \^fretchedness ensue. If they in their turn
have children, this property is again subdivided a-
mong them, and thus, by repeated subdivisions, they
are reduced to a starving condition. Towns depend
upon the prosperity of the Country, and suffer if the
lands are not cultivated ; the consequence is, they often
experience the dreadful effects of scarcity: on the
contrary, if the inhabitants were obliged to take up
new lands from their Seigniors, they by the cuhivation
of them, would, in advancing their own prosperity,
contribute to produce abundance and happiness
throughout the Colony. This evil, the French Go-
vernment was apprised of, before the conquest, and
wisely guarded against it, by an Edict, which was issued
by the French King, in the year one thousand seven hun-
dred and forty-five. That Edict stated, that no habitant
should build a house, nor stable in stone or wood, un*
less his farm contained an arpent and a half in front, by
thirty or forty arpen(s in depth, under a penahy of
one hundred livres and the demolition of the house
and stables so erected. In several instances, judgments
have been had against certain inhabitants, who had con-
travened this law, and their houses have been demolished.
It has become a question, whether this Etiict can be put
in force under the English Government. On the other
hand, an Act of the Legislature might be passed, decla-
ring the law offartagej should no longer be of any vali-
dity, and in its place it might be declared, that children
of future marriages should inherit, according to the right

214

Chap* t>f primogeniture. This would eflfectually correct the
i?l* . ^^*' which operates so powerfully to prevent the settle-
ment of the country, the bad effects of which are ap-
parent to every person in the country.

General Hope, as it has been already stated, re-
turned the same summer he went to England, and died
at Quebec in the month of April of the following year; he
was succeeded by General Alured Clarke, who had
been Governor of Jamaica, and came to this Province
in the expectation of obtaining the Chief Command by
the then supposed resignation of th^? Governor in Chief.

He remained here until 'the year one thousand seven
hundred and ninety- three, and a short time after that,
was employed on an expedition to the Cape of Good
Hope ; on the reduction of which settlement, he was ho-
nored by his Sovereign with a Red Ribbon. His admi-
nistration viras a mild one, and his deportment was that
of a gentleman*

The Committee appointed to solicit a change of Go-
vernment, had not ceased to make their representa-
tions for that purpose, since the establishment of the
Quebec Act ; they held a meeting in the year one
thousand seven hundred and eighty-four, at which they
drew up a Petition, signed by the ancient and new sub-
jects, addressed to the King ; copies of which were also
transmitted to both Houses of Parliament.

They stated, that after the Conquest of the Province
of Canada by the Arms of Great Britain^ they in com-
pliance with his Majesty^s gracious and royal Proclama-
tion, bearing date the seventh day of October, one thou-
sand six hundred and sixty-three, had settled and became

215

Gtablished in the new acquired Colony of Quebec, in
the full reliance on the faith of the Crown of Great
Britain, as expressed in that Proclamation, for the en-
joyment of those Laws, that freedom and security in
Canada, which the principles of the English Constitu<*
tion afforded in every part of the British dominions in
America.

That they and the Inhabitants of the Province had
chearfuUy, and on every occasion, obeyed the con-
trouling power of the Parliament of Great Britain, and
with patience had suffered during a period of Anarchy
and War, rather than wound his Majesty's feelings, or
embarrass the Throne with Remonstrances and Petid-
ons, at a time, when the safety of the Nation made sa-
cred every moment of public deliberation. Their acti-
ons and conduct, when truly represented, would best
express to his Majesty, the sincerity of their Loyalty
and attachment to the Crown and Government of Great
Britain.

That they looked with concern, on the burthen of
Great Britain, and with great pain and commiseration
they saw the distresses of his Majesty's Loyal subjects,
who, driven from their estates, wealth and possesions,
were daily taking shelter in this British Colony ; though
their unsettled and distressed situation, might for the
present hinder them from bringing forward their Petiti-
ons and their Claims, his Majesty would readily perceive,
that a Government similar, or superior, to that under
which they were born, had lived, and were happy, must
be conddered by those his Majesty's unfortunate Sub-
jects, as an affectionate proof of his Majesty's paternal
care and regard for them, and the first comfort which

216

Chap, his Majesty In relief to their distresses could now grant:
*'*' and the more so, as it would be a blessing not merely
granted to ihem, but extended to their children and pos-
terity. That they were fully persuaded that the wel-
fare and happiness of his Majesty*s subjects, were ob-
jects of his Majesty's serious and benign consideration.
They begged leave to lay their petition at the foot
of the Throne, and ardently requested his Majesty's
interposition in their favor, for the repeal of the
Quebec Bill, (allowing such privileges as are therein
granted to the Roman Catholic Religion,) as being ina-
dequate to the government of this extensive Province,
the cause of much confusion in their laws, and fraught
with trouble and uneasiness to his Majesty's loyal sub-
jects here. — And that his Majesty would be pleased to
concur in establishing his affectionate subjects of this
Province, in the full enjoyment of their civil rights as
British Subjects ; and in granting them, a free, elective
House of Assembly. That in these hopes, they hum-
bly presumed to suggest, that clauses of the following
import might be inserted in the Act of Parliament,
which shall be made to confirm a free Constitution to
this Country.

1. That the House of Representatives or Assem-
t)ly, be chosen by the Parishes, Towns and Districts of
the Province, to be composed of his Majesty's old and
new subjects, in such manner, as to his Majesty's wis-
<k)m might seem most proper ; that the Assembly be
treinnial, and the Members elected, every three years.

2. That the Council consist of not less than thirty
Members, and in case of division on any measure be.
iore them, that no Act shall be passed unless at least
twelve Members agree to carry the vote. That the ap.

217

pointment of the Members may be during their resi- Chap*
dence in the Province, and for life ; yet subject to tem- ^]^
porary leave of absence, as mentioned in the eleventh
article, and that they serve as Councillors, without fee
or reward.

S. That the Criminal Laws of England be conti-
nued as at present established by the Quebec Act.

4. That the ancient laws and customs of this coun*
try, respecting landed estates, marriage settlements, in-
heritances and dower, be continued ; yet subject to be
altered by the Legislature of Quebec, and that owners
might alienate by will, as provided by the tenth section
of the Quebec Bill.

5. That the Commercial Laws of England, be de-
clared to be the laws of this Province, in all matters of
Trade and Commerce, subject to be changed by the
L^islature of Quebec, as in the preceding article.

6. That the Habeas Corpus Act, the Thirty-first
Charles IL be made part of the Constitution of this
Country*

7. That the optional Juries be granted on all Trials
in Courts of original Jurisdiction. That they be regu-
larly balloted for, and a pannel formed as in England,
eitlier in the case of an ordinary or a special Jury, at the
option of the party applying for the same, and that nine
members out of the twelve, may in civil causes, be suf-
ficient to return verdicts.

IIL

218

Chap. b. That the Sheriffs be elected by the House of As
sembly, and approved and commissioned by the Cover-
nor, at the aimual Meeting of the Legislature. That
they hold their appointments during the period elected
for, and their good behaviour ; and that they find rea-
sonable security for a faithful discharge of their duty.

9. That no Officer of the Civil Government, Judge
or Minister of Justice, be suspended by the Governor
or Commander in Chief foi the time ; from the honors,
duties, salaries, or emoluments of his appointment ; but
with the advice and consent of the Council, for the af-
fairs of the Province ; which suspension shall not con-
tinue after the annual sitting of the Council, unless it
be approved by the same. I'he cause of complaint, if
approved, to be thereafter reported to his Majesty, for
hearing and judgment thereon.

3(X That no new office be created by the Governor
or Commander in Chief for the time, but with the ad«
vice and consent of the said Council, and to be appro-
ved at their annual Meeting, as in the preceding article.

II. That all offices of trust be executed by the
Principal* in the appointment, unless by leave of absence,
from the Governor, with advice and consent of his
Council, which leave of absence shall not extend to
more than twelve months, or be renewed by the Gover-
nor, but with the approbation of the Council at the ao-
nual sessicMi.

•

• VmL Act 89 Oeo. HI. Cap. 75, which acclaret,tliat ewry Coloajr Offic* ihiU
bceiecMtd hy the Pateocce, and not J>y Deputy in the Colonici. There are
three Oticen in this Province, who are not resident, namely, the UentcnaDt
Ooremor of the Province, the Lient. Gowoor of 6Mpi| the Secretary of the
ProTiBCOi ttd Cltrk of the Crown*

219

12. That Judges be appointed to preside in the Chap,
Courts of the Provmce, to hold their places during life, ^ J^
or their good behaviour : and that they be rewarded
with suHicient salaries, so as to confine them to the
functions of administering Justice. That every cause
of accusatiou for a removal, proceeding from the Go-
vernor, shall follow the rule laid down in the ninth ar-
ticle. And evtry cause of accusation for a removal, on
the part of the public, shall proceed from the House
of Assembly, and be heard by the Council ; which if
well founded, shall operate as a suspension ; and in ei-
ther case, be decided in appeal, and reported to his Ma-
jesty.

13. That Appeals from the Courts of Justice in this
Province to the Crown, bejpade to a Board of Council,
or Court of Appeals, composed of the Right Honora-
ble the Lord Chancellor, and the Judges of the Courts
in Westmuister Hall.

14. That they begged leave, humbly to represent to
His IVfajesty, that from their proximity to the United
States, who from situation and climate had many ad-
vantages over them, the internal regulations for pro-
moting the trade, agriculture and commerce of this
Province ; had now become more intricate and difficult,
and would require great care and attention on the part
of the Legislature here, to watch over the interests of
this Country. They therefore requested, that the As-
sembly nught have the power of laying the taxes and
duties, necessary for defraying the expences of the ci.
vil Government of the Province, and for that purpose,
that the laws now existing, laying taxes and duties to be
levied in the Province, nught be repealed.

E ^ 2

220

Chap. That such were the prayers and intreaties of his Majes-
"''• ty's loyal Subjects of this Province, and infull confidence
they trusted, that his Majesty would relieve them from
the anarchy and confusion which thvH prevailed in the
Laws and Courts of Justice of the Province, by which
thdr real property was rendered insecure, trade clogged,
and that good fiaith, which ought, and would subsist
among the people, and which was the lift and support of
commerce, was totally destroyed. And that he would
be graciously pleased to concur in securing to them, by
Act of Parliament, a Constitution and Government on
such fixed and liberal principles, as might promote the
desire of his affectionate subject^ of this Province and^
of rendering this mutihted Colony a bright gem in the
Imperial Crown of Great Britain, and that might call
on the present generation %r their unceasing acknow«
ledgments and gratitude, and upon the future, to feel
as the present, that the security and happiness of the
people and Province of Quebec depended on an union
with, and submission to, the Crown and Government of
Great Britain.

Mr. Lymburner was employed a3 the Agent for the
Subscribers. — ^He exerted himself to forward the views
of his Constituents, and ultimately proved successful.
His Majesty's Ministers had some time before determin-
ed to take the subject into consideration, and the heads
of a Bill to be presented to Parliament, were prepared
by Mr. Secretary WilUam Wyndhani GrenviUe, and
sent to the Governor Qeneral, for his corrections, which
his local knowledge of the Cotmtry was sq well able to
8upply« His Lordslup was desired to consult with the
then Chief Ju8tice,l^ on the si4>ject of the peference*

221

After a full investigation and discussion of the several
clauses, to which many important additions and amend-
ments were made, the Bill was returned to England,
and laid before Parliament, where it was again discussed,
and finally received th^ Royal Sanction. The political
frame thus established for Canada, was assimilated, (as
near as the condition of the Country would permit) to
that Constitution which has made England the admira-
tion of the world. How flattering to Canadians of all
ranks, that this comer of the Empire should have been
the first of its remote appendages upon that envied
feundation; that rare structure of human policy ! which,
adverting to the natural, inevitable and providential dis-
tribution of mankind, into rich and poor^ with qualities
appropriate to their conditions, and of adverse biasses,
restrains the spirit and vices incident to each class^ and
creates a controul upon bothy by the elevation of a third
trder^ which in its turn, is corrected by the other two,
and all singly and conjointly operating the welfare of
the whole,*

The Act of Parliament, which established the new 1791
Constitution, conmienced by Proclamation, on the twen-
ty sixth December, on the dissolution of the old Coun-
cil : and the Provincial Parliament met for the first time,
on the seventeenth of December of the following year.

The Members of the Executive and Legislative
Council were :

• As men »t<t food of tntrociKicip^ into other placet what they have establithed

among theoMeWet, they (meaning Great Britain) have given the people of their

Colonies, the form of theifj^wn Government; and this Government, carrying

praepcrity along with k, |hey have formed great Nations in tjje forests they

!i9tff« MOC to iBhabit.»*«.»*l^iiTJtS({uiBU— VoL 1. p. 390.

O<>o

Chap. EXECUTIVE COUNSELLORS,

y^* ^ William Smith, Chief Justice, | Thomas Dunn,

Paul Roc de St. Ours, | Joseph De Longueuil,

Hugh Finlay, | Pierre Panet,

Fran9ois Baby, | ^dam Mabane,

LEGISLATIVE COUNSELLORS.
William Smith, Chief Justice, | Fran9ois Baby,
J. C. Chaussegros De Ler}', | John Collins,
Hugh Finlay, | Charles De Lanaudiere,

Thomas Dunn, | George Pownall,

Paul Roch De St- Ours, | R. A. De Boucherville,
Joseph L. De Longueuil, | J(ihn Eraser,
Edward Harrison, | Sir John Johnson, Bart.

This year was also distinguished by the arrival in Ca^
nada, of his Royal Highness Prince Edward, since crea-
ated Duke ot Kent and Strathern,) fourth son of His
Most Excellent Majesty King George the Third ; His
Royal Highness had been quartered with his Regiment
at Gibraltar, and there remained several years : leaving
that Garrison, he arrived with his Regiment, (Koyal Fu-
sileers)in the Month of August, at Qoebec. During his
residence here. His Royal Highness endeared himself to
the Inhabitants of the Country by his condescension and
politeness, by that benevolence of disposition and affa-
bility of conduct, so characteristic of every branch of
the House of Hanover. He left Canada on the break-
ing out of the war with France, and distinguished himself
at the redtiction of Martinique ; after which he returned
to Gibraltar, to take upon himself the command of that
important Fortress, and there established that whole-
some discipline, then so necessary to correct the evils that
had been introduced by his predecessor. The inhabit-
ants of Canada had ever indulged the hope, that he would

223

have returned as the Governor General of the British Chap^
Provinces in America ;— a Post, he would have filled HI*
with honor to himself, and to the great advantage of the
Colony, but if this gratification was not to be indulged
them, they trusted that he would have been appointed
Vice Regent of the British Dominions, resident in Lon-
don — An office the more important and necessary, as
the wants of the Colony, would, through such a chan-
nel, have speedily been conveyed to the Royal Ear.

The Governor had received orders from England,
to divide the Province into Elective Districts, and to
apportion the number of Representatives fixed by Act
of Parliament, to each County, City, Town and Bo-
rough. In making this distribution, regard was had,
solely, to the male Population in each, and wkhout
reference to the extent of the Counties to be created.
The better to effect this object, and to ascertain the
number of males, a census was taken in one thou-
sand seven hundred and ninety, and it was found
that the number of males above the age of sixteen, a-
mounted to thirty-seven thousand four hundred and
eleven. According to this statement, the Province then
contained two hundred and twenty-four thousand four
hundred and sixty-six souls. Twenty-four years have
elapsed since that period, and it may now reasonably
be supposed, that by natural increase, and emigra-
tion from the United State?, and other places, the
whole population may amount to, four hundred and
fifty thousand sou!s«

The Governor, anxious to be informed by His Ma-
jesty's Ministers, how far Acts of Naturalization or
Letters of Denization might be granted to Aliens com-

224

Chap, ing into this Province, applied to the Secretary of State
^_ ^ in England, to obtain His Majesty's commaods on this
subject. Those important questions were submitted to
His Majesty's Government, and his Servants were of
opinion, that the granting the right of a British Sub-
ject to an Alien, was a matter of Imperial concern on-
ly, and that it ought not to be exercised by a subordi*'
nate Legislature ; indeed the Governor was, by his in-
structions, peremptorily forbid assenting to any act of
Naturalization, and every attempt by the Provincial Le-
gislature to assume such a power, was to be firmly re-
«sted by him. It may also be observed, that in the Ca-
nada Bill, wherever Naturalization was spoken of, it
was always distinctly expressed, that the provision re-
lated only to a person naturalized by an Act of the British
Parliament, and a naturalization in any other mode,
even if liable to any other objections, could not, with-
out the alteration of the Canada Act, convey the r^hts
therein given to persons naturalized, in the mode there-
in pointed out The naturalization of Aliens in the
Colonies, is proyided for by the Act of his late Majesty,
Cap. 7, by the operation of which Act, all Aliens with-
in His Majesty's C olonies in North America may be-
come naturalized according to the terms and conditions
therein contained ; and, it was observed by the Secre-
tary of State, that with respect to applications for ob-
taining the rights of denization, grounded on the par-
ticular situation and merit of individuals, His Majesty
would consider the same, with a view to the granting
. Letters of Denization, in such cases as might be thought
to merit his Royal favor.

The allotment of lands to be reserved for the
Crown and Clergy, was also a subject of importanqe.

225

it had been recommended by the Governor, that the Chap.
i*eserves for the Crown and Clergy shou'd either be in ^^^*
distinct Townships, or In the comers of each Town-
iship. This was objected to by His Majesty's Ministers, 1793.
upon the principle, that reserves so situated, would be
highly unfavorable to the Crown and the Clergy, and
Vou!d place the shares so to be reserved and allotted in
a situation of less relative benefit than the lands of equal
. extent granted to individuals. The Act of Parliament
provides, *' That they shall be as nearly as the cir-
, *' cumstances and the nature of the case will admit, of
. *' the like quality as the lands in respect of which the
. ** same are so allotted and appropriated, as shall he as
'. *' nearlv as the same can be estimated at the time of
. ** maldng such grant, equal in value to the seventh part
'" *' of the lands so granted/* In order that the future
•■ encfease of value of the Reserves might in some de-
gree be proportioned to the encreasing value of the lots
... granted to individuals ; and that this could in no other-
': wise be effectually provided for, except by their being
*. as much as possible contiguous to, and interspersed with,
tf// the different allotments of individual property. That
the reasons that had been stated by the Governor, for a-
• dopting a different system, were inconsistent with the spi-
•• rit and intention of the Parliamentary provision, and
that the Governor should carefully keep in view the
general idea of rendering the Reserves as beneficial as
possible, and that in Townships bordering on the water,
the reserved lands should be so situated as to enjoy their
full proportion of that advantage, according to the re.
lative quantities of the private grants and the reserves
established by the Act,* It is much to be regretted,

♦ Secretary Grenville's Letter to Goyernor Clarke. — 8th Nov, 1792.

226

Chap, that the fonner plan had not been adopted, as the set«
}_\ tlement of the waste lands has been retarded by adhe-
ring to a system so unfriendly to the population and
growth of the Province. .

The erection of Parishes in Canada, is a subject that
has frequently been agitated, and is well worthy of se-
rious attention. The right to create new parishes has
been assumed by the Romish Bishops in this Province,
in several instances ; but nothing can be clearer or more
decided, than that the assumption of such a right is
an usurpation of a prerogative of the Crown. The
Romish Bishops have never been vested with any au-
thority for that purpose by the King of Great Britain,
nor had they that right when Canada was under the do-
minion of France. The King of France, alone, exerci-
sed this right ; and by his authority the limits to be gi-
ven to the Parishes were established, ^g appears,
therefore, the more extraordinary, that any attempt
should have been made, under the British Government,
to divest the Crown of its just rights and privileges.
Such usurpations have, however, been made» It may
be sufficient to instance the case of the Parish of St.
LSon le Grand^ which was erected into a new Parish by
that tithj having been first disjointed from another Pa-
rish, of which it made a part, called St. Antoine of the
Riviere du Loup^ in the District of Three Rivers. This
Parish of St. JJon^ le Grand^ was created by virtue of
the mandate of the Romish Bishop. The question, how-
ever, as to the right of creating this Parish, came, inci-
dentally into discussion, by an action, in which Pierre
Lavergne and others, were Plaintiffs, against Laurent
Bertrand, the Curate of St. LSon and others. Defend-
ants. The cause was heard at the District Court of

227

Tliree Rivers, and much to the surprise of the persons CHAPt
ccMicerned, as well as to the Public, judgment was giv- 2_
en in favor of the Defendants. The PlaintiflFs in the
Court below, dissatisfied with the judgment, by the ad-
vice of their Counsel, put in an Appeal, and the cause
was again heard at the Court of Appeals at Quebec,
where the question underwent a more elaborate discus-
sion. The Attorney General was brought in as an in-
tervening party, and filed his reasons of intervention,
and his conclusions on the part of the Crown, stating.
That for and on the behalf of our Sovereign Lord
the King, in obedience to the Rule or Order of this
Honorable Court in this cause made on the twenty-
seventh day of April last, for moyens d* intervention and
conclusions, saving nevertheless and reserving to our
said Lord the King the benefit of all other moyens d^in-
tervention and conclusions whatsoever, doth {)ropound
and alledge as follows :

That there is no such Parish as the pretended Parish
of St. Leon le Grandy nor hath any such Parish at any
time been legally erected in this Province.

That by the Law of the Land, the right of erecting
Parishes in this Province, is vested solely and exclusive-
ly in our Sovereign Lord the King, and not in any other
person or persons, body or bodies politic or corporate,
lay or ecclesiastical.

That the office of the Roman. Catholic Bishop of
Quebec was annihilated, and all the powers inherent
therein transferred to His Majesty by the Capitulati-
ons of Quebec and Montreal, by the conquest of Ca-»

F f 2

228

• «

Chap, nada, the Treaty pf Peace of tenth of f ebruary, cmt
^2^ ^ thousand seven hundred and sixty-three, the Statute^
26th Henry VIII. cap. !• the 1st of Eliz. cap. 1. an^
14th Geo. III. cap. 83. and that the said office hatl^
not at any time since been by law re-estabHshed. l^hat
no such office as superintendant of the Romish Church-
es hath at any time existed in this Province, and that no
person or persons hath or have been at any time ap-
pointed by our Sovereign Lord the King, or under hi^
authority, to this office.

That admitting} that in law there exists such a cha-
racter as the Roman Catholic Bishop of Quebec, yet
all the rights and powers of his office, with respect to
the erection of Parishes, was taken away and destroyed
by the thirty first article of the Capitulation of Mon-
treal, dated the eighth of September, one thousand se^
ven hundred and sixty, and have never been restored.

That the ordinance made and passed by the Gover^
nor and Council of the late Province of Quebec, in the
thirty-first year of His Majesty's Reign, intitpled, " An
Act or Ordinance concerning the building and repairing
of Churches, Parsonage Houses and Church Yards'* is
wholly, and altogether null and void for the following
among other reasons : — Because it is repugnant to the
Statutes 26th Henry VIII. cap. 1. and 1st Eliz. cap. 1.
Because it is an ordinance touching Religion, and never
received the assent of His Majesty. Because it is aq
ordinance which lays a tax or duty to aid an assessment
on the inhabitants of the several Parishes of this Pro-
vince, for the building and repairing Churches and
for other purposes. Because it abridges the King's su-
premacy and Royal prerogative, is iij express con?

229

tradiction to the letter of the capitulation of Montreal,
(and consequently, as it infringes upon the rights of the
Crown and the principles of the Constitution of the
Colony, far exceeds the powers vested by the Quebec
Act in the Governor and Legislative Council ot Que-
bee*

Because it empowers the titular Roman Catholic
Bishop to exercise in virtue of his office, an authority
derived from the See of Rome, which, by the law of
the land, cannot be done in any of His Majesty's domi-
nions without the assent of the King, Lords and Com-
inons of the Imperial Parliament of the United King*
pom of Great Britain and Ireland.

That admitting the above mentioned ordinance to
pe in force, it authorises the Goyemor of the Province
and the titular Catholic Bishop of Quebec, with the
^nction of the Crown to make an extra parochial ci|:-
jcuit of ground into a parish and no more, and does not
authorise them to destroy, limit of divide a Parish alrea-
dy erected.

That the ordinance aforesaid enacts, -that the same
pourse shall be pursued as was requisite before the
conquest, according to the laws and customs at that
time in force and practice, and that such laws and
customs required the sanction of the Crown to the
erection of every Parish by Letters Patent, and that
such Letters Patent should thereafter be duly enregis-
teredo That without such sanction^ sso given, and so
enregistered, the erection of a ParisI^ was by the said
laws and customs at that time in fprce afid practice, null
.and void, an^ji ^hat no such sanction h^t|} been so given

2SO

Chap, to the erection of the pretended Parish of St, Leon le
£_* ^ Grandy or hath been so enregistered.

That there is no legal evidence whatever of the
erection of the pretended Parish of 5/. Leon le Grandy of
the erection of a living with cure of souls thereon, or
of the appointmeni of Laurent Bertrand to be the Cur6
or Rector thereof.

Wherefore, inasmuch as the judgment in this cause giv^
en in the Court below, hath sanctioned an usurpation of
the undoubted rights and prerogatives of the Crown,
by declaring the supposed erection of the Parish of
St. I eon le Grand, by the titular Roman Catholic Bi-
shop of Quebec and the Commissioners appointed for
the erection and repairs of churches, parsonage houses
and church yards, and the supposed nomination of Lau-^
rent Bertrand to-be Cure thereof, without a commis-
don or appointment from His Majesty to be valid in
law, to the manifest prejudice of His Majesty. The
^d Attorney General humbly prays, that the said
judgment of the Court below may be reversed.

After solemn deliberation, the Court reversed the
judgment of the Court at Three Rivers, with costs to
the Appellant Lavergne^ as well in the Court of Ap-
peals as in the Court below.

His Majesty Bang George the Third, at all times anx-
ious to promote the spiritual as well as temporal pros-
perity and happiness of his Subjects, took into his Roy-
al consideration the necessity of establishing the Church
of England in Canada on a sure and solid foundation r
The b^er to eflfect the object His Maj/esty had in view.

231

he, wisely, constituted the Provinces of Lower and Up- Chap*
per Canada into a Bishop's See, and called it by the ^^I-
name of the Bishopric of Quebec. To fill so impor-
tant a situation as that of the first Bishop of Quebec,
it became necessary to chuse a Divine distinguished for
learning, morals, probity and prudence. His Ma-
jesty, therefore, selected Dr. Jacob Mountain, as a per-
son in^ possession of those eminent virtues, and appoint-
ed him, by Letters Patent, under the Great Seal of En-
gland, Bishop of Quebec and its dependencies. The^Bi-
shopric to be held by him for his natural life, and to
his successors, for ever. His Lordship arrived in Canada
in the month of November, one thousand seven hundred
and ninety three, and took possession of the charge
graciously conferred on him by His Majesty. He was
vested with the power to confer the orders of Deacon
and Priest, to confirm those that were baptised, and that
had come to years of discretion, and to 'perform all other
functions appropriated to the office of a Bishop : to
exercise jurisdiction spiritual and ecclesiastical by him or
his Commissary or Commissaries throughout the said See
and Diocese, according to the Laws and Canons of the
Church of England. To give institution to benefices
and grant Licences to Curates and to visit Rectors, Cu-
rates, Ministers and Incumbents of all the Churches
within his Province. To have jurisdiction over the
Rectors, Ministers, Curates, Priests and Deacons, and
to have power to remove, deprive or suspend them, or
other Ecclesiastical censure they might be liable to, ac-
cording to the Canons and Laws Ecclesiastical of Great
Britain. To appoint Commissaries under his hand and
seal, who were authorised with permission of the Bishop,
to give institution to Benefices, and to grant licences
to Curates, and visit Rectors of all the Churches where-

III.

232

^^u7' ^ Divine Service shall be performed, and to pimish ami
arrest Rectors, Curates, Ministers and other Inciim-
bent«, according to their merits, by removal, suspensi-
on, or other ecclesiastical censure. That perscMis aggriev.
ed by the judgment of any Commissary, might demand a
re-examination and review of such judgn>ent before the
Bishop himself, who, upon such demand made, was id
take cognizance of such Judgment, and full power was
given, to affirm, reverse or alter the judgment, sen-
tence or decree of his Commissary — ^and, in cases
where parties conceived themselTe5 aggrieved by any
judgment, decree or sentence pronounced by the
Bishop himself, or his successors, the parties were
entitled to an appeal to the J^Jng in the High Court
of Chancery of Great Britam, first giving security
and notice to the Bishop of the intention of the party
to appeal ; which appeal to be heard and determined
by special Commisaoners to be appointed by the Kingy
lurhich sentence shall be final. The Bishop and his
successors declared a Body Corporate, and to have
full power to purchase all Manors, Messuages, Lands^
Rents, Tenements, Annuities, and Hereditaments in
fee or in perpetuity or for life or years, to demise, dis-
pose of, or let the same, as he or they might think ex^
pedient. To hate a Corporate Seal, and to sue and be
sued* The Bishop and his successors are declared sub-
jeCt to the authority of the Archipiscopal See of the
province of Canterbury, except in cases of appeal^
which shall be heard and decided by Commissioners ap**
pointed for that purpose. — ^In addition to the powers
granted by these letters patent, other letters patent were
afterwards issued, dignifying and advancing the Bishop
and his successors to the name, state, degree, dignity,
and honor of Lord Bishop of Quebec and its 4ep^-

23S

deoei^, v^hith the Lprd Bishop has since eajoyed, and (^^^r.
M^hich title; ia: of rights vested iu his Lordstup's success ^
sors for eyer«i

The Goyefaor of the Province hzdy in the year one
thousand, seven hundred and seventy-five,, as has alrea-
dy been stated^ established Martial Law^ in consequence
cf an irruption of the American forces into the Province.
This had been done in virtue of his Commission, and in
consequence of that Law of the State, or State necessi-
ty which, requires, that in extraordinary cases of gene-
ral confusion, or of an impossibility of proceeding by
the usual methods of the law in the King's Courts, that
Martial Lawy may be cstablised. Many are the instan-
ces where Martial Law has been put in force, in the
King*s Colonies. The Proclamation stated,— -That as
a R ebellion prevailed in many of His Majesty's Colo*
nies in America, and particularly in some of the neigh-
bouring ones, and that many of the Rebels had, with
an armed force, made incursions of late into this Pro-
vince, attacking and carrying away from thence a parly
of His Majesty's Troops, together with a parcel of
Stores, and a vessel belonging to His .Majesty, and had
actually invaded this Prx:>vince. with arms, in a traiterous
and hostile manner, to the great terror of His Majes-
ty's subjects, and in open defiance of his laws and go-
vernment, falsely and maliciously giving out, by them-
selves and their abettors, that the motives for so doing
were to prevent the inhabitants of this Province from
being taxed and oppressed by Government, . together
with divers other false suid seditious reports, tending to
inflame the minds of the people, and alienate them from
His Majesty.— i-To the end, therefore, that so treason-

G g

tyn

Thi* book ■■ undsr no Dircamitanoe
takea Irom Iba Buildinf

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Full text of "History of Canada: From Its First Discovery, to the Year 1791"

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