Carleton, Guy, is prepared to lead expedition | against Albany, 474; circumstances of his removal from office of governor, note p. 474; Lords of Trade refuse to sanction his dismissal of Chief Justice Livius, and re-appoint him to office, note 3, p. 476; his action in withholding from the Council instructions wherein their advice and consent was made requisite, notes pp. 476, 477; Sheridan refers to the ex- traordinary powers conferred by the new commission on the governor, note 2, p. 502; no change to be made in the con- stitution till the opinion of the people is ascertained by him, 548; appointed Captain General and Governor in Chief of all Britain's dominions in America, 550, 686; memorandum for his instructions of 1786, 551; on the policy he is to adopt in dealing with the United States, note 3, p. 551; on methods to be adopted to se- cure allegiance of province, note 3, p. 551; desirous to check abuses in land grants, note 3, p. 551; raised to peerage as Baron Dorchester, note p. 552; instructions to (1786), 552; instruc- tions relating to members of the council, 552; regulations and powers of legislative council as given in instructions of 1786, 552-554; regu- lations in his instructions of 1786 concerning ecclesiastical jurisdiction and affairs, 556-559; regulations concerning trade and fisheries in his instructions of 1786, 559-560; instructions of March 1787, 567; instructions of August 1787, 568; his instructions of August 1787 provide for the free exercise of religion, 568; signs ordinance of 1787, re criminal courts, 585. Carleton, Guy, on the working of the Quebec Act, 588; on the friction in the legislative council, 588; requested to take action on the charges made against judges by Monk, 592; report of the committee of council relating to the courts of justice, 594; petition of citizens of Quebec concerning their municipal laws, 619, 621; citizens of Montreal approve of the Quebec Act and pray for a continuance of their common law, 628, 630; new subjects at Three Rivers make representations to the Governor and Coun- cil 634,637; his views on granting Canadians a house of assembly, 646; recommends that lands be granted in free and common soccage, 646; signs patent creating five new districts, 651; authorized to investigate the objections of the Canadians to the introduction of trial by jury, 653; reports on the condition of the province, 654; his opinions on the changes proposed in the constitution, 654; requested to report on the civil state of the Province and suggest a suit- able form of government, 654; reports on the objections of Canadians to trial by jury and house of assembly, 654-655; recommends that a Lieutenant-Governor be appointed for the four western districts of the Province, 655; does not favour a division of the Province, 655; secret despatch from Grenville concerning the first draught of the Constitutional Act, 662; signs ordinance of 1789 re proceedings in the civil courts, 662; letter from Grenville discussing the proposed Constitutional Act, 663-666; Gren- ville requests his opinion of the first draught of the Constitutional Act, 664; letter to Grenville on the proposed Constitutional Act, 674; sug-I gests amendments to the first draught of the Constitutional Act, 677; letter from Grenville discussing the first and second draughts of the Constitutional Act, 690; letter from Dundas on the working of the Constitutional Act, 692–694. Carleton, Colonel Thomas, Lieutenant Governor of New Brunswick, given the option of the Lieu- tenant Governorship of Quebec, 551; appointed Brigadier-General and Commander of Forces, note 2, p. 551.
Cataraqui, letter from the magistrates of, concern- ing the administration of justice in their dis- trict, 642-644; proposal to make Cataraqui, in- stead of Carleton Island, the quarters of the naval department and the depot of Stores for the garrisons in the upper country, 644; ex- tent of country comprised under the name of, note 2, p. 648.
Cazeau, M., disloyalty of, 489.
Cession of Canada, Acadia and dependencies to Great Britain by Treaty of Paris, 75, 85; ad- vantages of, 98-101.
Chancery, Court of, composition of proposed court, 175; procedure in, 601; suggestions for establishment of, 615; merchants of Montreal advise establishment of, 624.
Charest, M., on grand jury at Quebec, 155, 156, Chief Justice, William Gregory appointed, note p. 149; dismissal of Gregory, note p. 178; Wil. liam Hey appointed, note p. 178; Peter Livius appointed, note 1, p. 475; Livius dismissed from office; Board of Trade re-appoint him, note 3, p. 476; William Smith appointed, note p. 569. See also Gregory, Hey, Livius and Smith.
Chinn, Edward, signs memorial to Dartmouth, 352. Choiseul, Gabriel de, representative of France at framing of the Treaty of Paris (1763), 80, 81, 90, 91.
Church of England, establishment of, to be en- couraged, 227.
Circuit Courts, regulations for proposed courts,
176; suggestion to establish them on model of Welsh courts, 269; proposal to abolish, 624; in- habitants at Three Rivers protest against the expense and delay of justice in, 635, 637; terms of, in district of Hesse, 660-661. Citadel of Quebec. See Quebec. Civil Cases, French law to be observed in, 258. Civil Courts, ordinance establishing, 149, 230; ordi- nance regulating composition of juries in, 173; proposal to repeal ordinance relating to, 203; pur- port of ordinance relating to, 229, 232, 243; ordi- nance relating to, 266, 277, 280, 582; established by Quebec Act, 405; ordinance establishing, (1777) 464; ordinance to regulate proceedings in, 466; ordinance renewing and amending an ordi- nance to regulating proceedings in, 490. See also Civil Judicature, and Justice.
Civil Government, introduction of, in 1764, note p. 33; variations in interpretations of proclamation relating to, 238; salaries under, 432.
Civil Judicature, ordinance for establishing courts of, (1777), 464; ordinance of 1777 confirms judg ments of courts of civil jurisdiction established since the enforcement of the Quebec Act, 465; ordinance to regulate the proceedings in the courts of, 466; Chief Justice Livius proposes an amendment to the judicial system of the Pro- vince, note p. 478; Haldimand reviews the dis- cussion by the legislative council on the expe- diency of acting on his instructions concerning alterations in the judicial system, 482; ordi- nance to regulate the proceedings in the courts of, and to establish trials by juries in actions of a commercial nature and personal wrongs to be compensated in damages, 529; instruc- tions of 1786 concerning regulations for the courts and the mode of administering justice, 555-556; proposed amendments, 576; ordinance to continue an ordinance to regulate the proceed- ings in the courts of, 582; remarks of Mabane on juries in civil causes, 604-605; merchants of Quebec recommend the re-introduction of the common and statute laws of England in matters of personal property and civil rights, 614; in- habitants of Three Rivers represent to Carleton the state of civil jurisdiction in their govern-
Burgoyne General, arrives at efforts to obtain aid from Frenc very successful, notes p. 461: aid to, notes p. 461; appointed t. against Albany, note p. 474. Burke, Edmund, favours the imm tion of petitions from Quebec co government, note p. 652.
Burton, Colonel R., 29, 31, 32, 33, .. 104, 152, 153.
Burton, Colonel R., appointed by No as lieutenant governor of Quel appointed governor of Trois R reports on the state of the gover Rivers, 61.
Butler, Colonel John, signs petition behalf of the Loyalists, 527. Caldwell, Colonel Henry, member council, references to, 475, 480, 586, 588, 590, 591, 592.
Calvet, Pierre de, protests against February, 1770, note p. 280.
Calvin, case referred to, in Lord Mar ment, 370.
Cambridge, Duke of, announcement
Campbell, Major John, appointed Su of Indian Affairs, 451. Campbell, Alex., plaintiff in suit of Hall, 366.
Canada, ceded to Great Britain by Tr 75, 85; boundaries of, 72, 75, 86, 1 664, 665; proposed boundaries of, 1 pp. 72, 108, 112). See also Quebec. Canadians, character of, as described 59, 65; rights under Treaty of Pari them by new government, 104; their re civil affairs to be investigated, 20' titude towards British government, 2 of noblesse and clergy to English g 455, 460; certain of the peasantry un fluence of the rebels refuse to take defence of the country in 1775, 455, 4 remarks on their dissatisfied condi opinion of Carleton on their loyalty, antry refuse to aid Burgoyne, notes p ject to the feudal authority exercise noblesse, 461; Sydney's remarks on th of, 548; Quebec Act defines who are under the term "Canadian," 571; council that rejection of bill introduced Justice will increase discord among th Sydney's opinion on rights of, 586, 587; of Montreal and Quebec petition again tion of common law of England, 589; Montreal approve of Quebec Act, 628, 6 tish government desires Carleton to in their objections to house of assemb trial by jury, 653; Finlay's plan to a them to English language, 657. tants, also French Canadians. Canadian Militia, Carleton approves the fo of a regiment, 411; Carleton suggests of tion of, 451, 454. See also Militia. Canadian Troops, letter from Dartmouth, r for the south, note p. 455.
Cape Breton, proposed annexation to Nova 104; annexed to Nova Scotia, 120. Capias, for Debt, authorized by Ordinance c
470; regulations governing the issue of, by: 530, 537. See also Debt. Card Money, issued by Intendant Bigot, 49. Carleton, Guy, references to, 172, 179, 192, 19 196, 199, 201, 203, 205, 207, 208, 210, 227 242, 245, 258, 259, 263, 274, 275, 276, 28 295, 319, 320, 330, 331, 384, 388, 389, 400 411, 412, 419, 438, 450, 452, 453, 455, 456 459, 460, 461, 464, 465, 471, 472, 473, 474
of Carleton's instructions would be most- le for the Province, 656; Finlay's remarks posed changes, 656-658; Grenville on pro- changes, 665-666. See also Government. ional Act, despatches re, from Grenville to on, 662, 663-666; Carleton's opinion on raught of, 664; first draught of, 667; first at divides the Province of Quebec into and Lower Canada, 667; first draught of, s for a Legislative Council and a House mbly in each of the provinces, 667; se- aught of, 677; Carleton and Chief Jus- ith amend the first draught, note 1, p. oposed additions to the Bill to form a government of all the British Provinces
the free exercise of 1767, Carleton, Goy, as the r 588; the friction requesed to e ara julg the connaitre of ou
America, 687: proposed clause re trial al offences, 689; Grenville discusses the second draughts, 690; letter of Dundas, on on the working of, 692; text of Act s passed, 694; source of text in this note 3, p. 694; source of debates in the Parliament relating to, note 3, p. 694. Trade, between St. Pierre and Mique- Newfoundland, 99; carried on by abjects, 145, 146; instructions to Car- 5) for suppression of, 430.
fres of Montreal a and pray for a cont bw, 630; new makes e representations t 604,67 his view hase of embly, 6 be granted in free ind gepatent creating t authored to investige Candians to the int 50; reports on the 654; his opinions on the d onstitution, 654; re nl state of the Pro she form of gover objections of Cana hose of assembly, Lieutenant-Govern for western district
red by Carleton to follow Burgoyne's e 2, p. 461; remarks on, 516, 528. Town Major at Quebec, 37.
t favour a division of despatch from Grea draught of the Con ordinance of 1780 court, 602; letter proposed Constit ville requests his the Constitutional on the proposed Con geste amendmen Constitutional discing the firs Constitutional A the working of e Carleton, Colmel Ta
New Brick tenant Gommoni Brigader F Tores, e
H. S., succeeds Earl of Halifax as State for the Southern Department, 2, 199.
sition of, and regulations concerning, wer given to governor to choose mem- ncies in, 134; protests against action in summoning only part of council,
alter and amend ordinances relating to courts of justice, 475; instructions to Haldimand of 1779, interpret his former instruction re what shall be a quorum, 476; object to formation of privy council by Carleton, note 3, p. 476; Haldimand censured for calling together certain members to act as a privy council, note p. 477; opinions of members of the council on instruction of July, 1779, concerning alterations to be made in court of civil jurisdiction, 479; George Pownall appointed clerk and registrar of, note 2, p. 480; opinion of the legislative council on instruction to Haldimand concern- ing alterations to be made in the judicial sys- tem, 481.
Council, Haldimand reviews the question dis- cussed by the council as to their constitutional power to prohibit the export of grain and flour or to fix an arbitrary price, 482; refuse to grant juries in civil cases, 501, (see note p. 502); ad- dress to Haldimand praying for a continuance of the Quebec Act, note p. 502; extraordinary powers given the council by the Quebec Act objected to, note p. 502; proposed regulations for, 503; objec- tions to proposed composition of, and salaries, 511, 514; Bill introduced to secure "an emancipa- tion of the Legislative Council from the uncon- trollable authority of the Governor ", note 2, p. 520; members of the council to be suspended or removed by the King only, 522; council to consist of at least thirty-one members, 524; not in favour of open debate, note 1, p. 529; Haldi- mand's remarks on the opposition of certain members of the council to measures of govern- ment, note 3, p. 539; Lieutenant-Governor Hope suggests an increase in number of Catholic members, 540; proposal to increase the num- ber of Canadian members, 548; instructions of 1786 re board of council, 552; list of members appointed by Carleton's instructions of 1786, 552; regulations for, in Carleton's instructions of 1786, 552-553; powers granted to, in Carle- ton's instructions of 1786, 554; freedom of de- bate provided for, 554; old subjects refused copy of a bill depriving mercantile classes of trial by jury, 573.
against the number and order of of members appointed by the King, pointed by the Governor, 193; mem- rst council, note p. 193; the twelve ointed by the King to have prece- st of members in 1766, with dates of ion, note p. 194; list of members 1768, 211; conditional power given to appoint and suspend members, edom of debate and vote given 212; proposed increase in num- ers, 267; limit of the authority 97; proposition to enlarge, 321; French inhabitants asking for number of members, 357, 359; ints of Quebec suggest a fixed bers, who would be independent 365; Lord North favours es- council, and not an assembly, posal to create the Legislative rs patent, in second draught of
Quebec Bill as returned from providing for, and stipulat- powers of, 393-394; provision for calling a council by the ath to be taken by members of, nstructions of 1775 constitute ard of council for all business gislation, 420; list of members King in council as given in tions of 1775, 420; regulations ns to Carleton of 1775, 420; to members of, in Carleton's 5, 421; restrictions to powers on's remarks on ordinances ; list of ordinances passed in ; list of members as appointed structions of 1778, 475; Gov- authorized in 1778 to frame,
Council, members of council disqualified from acting as judges in certain cases, 578; extract from the proceedings of 1787, 579; protest of Chief Justice against vote of council, 579-588; disputes in the council contrary to the dignity of Government, 586; reports of committees, and journals of the council used by Carleton in making an investigation into the condition of the province, 587; discord in, referred to by Carleton, 588; objections to change in Bill intro- duced by Chief Justice, note 7, p. 588; commit- tee on commerce and police recommended the adoption of much of the common and statute law of England, 589; two members of the council withdraw their names from the protest against the vote on the commitment of a bill for the better administration of justice, note 1, p. 589; minutes of the council upon state business, from October 1786 to June 1787, 590; members take the oaths required, 590-591; committees appointed to make reports as a basis for deter- mining the future government of the province, 591; action of, on the charges made against the administration of justice by Monk, 592; report of, on the administration of justice, 594; memorandum of the council concerning trial by jury, 602; report of committee of council on commerce and police, 612; letter of committee of council on commerce and police, 622; answer to the letter, 623; report of merchants of Mon-
Civil Judicature-Continued.
ment, 634-639; magistrates of Cataraqui recom- mend the establishment of courts of civil and criminal jurisdiction in their district, 643; or- dinance of 1789 re Proceedings in the Courts, 658; regulations for civil courts in the District of Hesse, 661. See also Civil Courts, and Justice. Civil Law, English law in force in Quebec, 229, 242; suggestion by Carleton to retain the French law in civil matters, 258; Marriott's re- marks on status of civil law after the cession, 317; Quebec Act makes "Laws and Customs of Canada" the rule, 404; plan to avoid bring- ing commercial matters, which were subject by Quebec Act to French civil law, into the regular courts, 462. See also Justice. Civil Procedure, laws and customs of Canada in force under Quebec Bill as returned from the Commons, 393; regulations for mode of proceedings in actions above £10 in Court of | Common Pleas, 530; regulations for proceedings | in actions under £10 in Court of Common Pleas, 536. Civil Property, authority of Justices of the Peace in matters of, 278. See also Civil Judicature and Justice.
Civil Rights of Canadians, to be maintained by the "Laws and Customs of Canada," 393, 404; French advocates represent that the report from the merchants to the council on Commerce and Police is an attack on, 573; (see p. 574.) Civil Suits, power given Chief Justice to hear and determine, 191; necessity of reform in adminis tration of justice in, 266. See also Civil Judica- ture, and Justice.
Clergy, Haldimand's remarks on their attitude towards government, note 3, p. 539; provision respecting those of the Roman Catholic church, 703: provision for maintenance of Protestant clergy, 703-704.
Clergy Reserves, suggestions re. 693-694; regula- tions concerning, 703-705; lands set apart in each province for support of Protestant clergy, 704- 706.
Code of Law, power granted to the representatives of the people to frame code as near as may be to the laws of England," 120, 237; suggestions for framing 252, 260; difficulties of framing such a code, 253, 260; advantages and disadvan- tages set forth, 255; plan reported by Marriott, 310; British merchants trading with Quebec represent the inconveniences of French and English laws, 541.
Coke, Lord, quoted by Lord Mansfield in his judg- ment, 370.
Collins, John, member of legislative council, re- ferences to, 475, 484, 501, 552, 579, 581, 588, 590, 591, 592, 612, 613, 619.
Commerce, committee of council appointed to report on the external and internal commerce of the Province, 591; merchants of Montreal ob- ject to the establishment of a Chamber of Com- merce, 624: objections to requests for trade relations with Vermont, 628, 630; merchants of Montreal not averse to changes in commercial law, 634; magistrates of Three Rivers point out the necessity of laws for the recovery of debts on the principles of English commercial law, │ 634; British merchants trading with Quebec petition for English commercial law, 650; British Parliament to make regulations for, 707. See also Trade, and Trade and Commerce. Commerce and Police, report of committee of council on, 612; letter of council to merchants of Montreal re, 622; answer to the letter, 623; report of merchants of Montreal to committee of council on, 624; magistrates of Three Rivers make suggestions to the council re matters of, 633.
6-7 EDWARD VII., A. 1907 Commission to Jacques Allier, 29-30; of Gov- ernor Murray approved by King, 124 ; proposed additional clause in Murray's com- mission re land grants, 125; appointing Murray Captain General and Governor in Chief of Quebec, 126; appointing Chief Justice Hey, 190, (see note p. 178); appointing Guy Carleton as Lieutenant Governor of Quebec, note p. 192.
Commissioners of the Peace. See Justices of the Peace.
Common and Statute Law of England, Canadians petition against adoption of, 589.
Common Pleas, appeals from courts of, may be carried to Superior Court, Governor in Council, or King in Council, 150, 230; powers of courts of, 150, 230; Canadian advocates permitted to practise in courts of, 150, 231; laws and cus- toms of the French admitted in courts of, where cause of action arose before Oct. 1. 1764, 150, 231; ordinance for establishing a third term called Michaelmas, for sittings of courts of, 174; inconsistency, in civil proceedings, in courts of, 242; minor cases of debt to be tried by judges of, 282; ordinance of February, 1770, repeals regulations of September, 1764, re sittings of courts of, 283, 284; establishment of courts for districts of Montreal and Quebec, 464; two judges necessary in cases involving accounts over $10, 464; four sittings a year to be held at Quebec and two in Montreal, 478; chief justice to preside and be a member of court of, 478; council desires more than two terms a year to be held in Montreal, 481; regulations for ac- tions in courts of, 530-538; appeals from judg- ments of, 534-535; remarks of Chief Justice Smith on, 570; judges of court of, would contine English law to criminal cases, 571; to take no cognizance of any new cause brought in any of the Courts of Request after its erection, 576: general rules of practice to be communi- cated by the judges of the Common Pleas to the Provincial Court of Appeals, 577. Common Pleas, ordinance regulating rights of ap- peal in causes before the court of, 577; regula- tions concerning sittings of court of, 583; to take cognizance of the arraignment by Attorney General Monk of the administration of justice in the Canadian courts, note 3, p. 586, (ser p. 588); Attorney General Monk, accuses the judges of the courts of inconsistency in their decisions, 588; the integrity of the judges established by investigation, note 3, p. 593; petty litigation to be taken to another tribunal, 599; judges pre- sent to the council a plan for forms of procedure for acts concerning guardianships and trustee- ships, 609, 611; Judge Panet's opinion on the desirability of leaving guardianships, trustee- ships and letters of administration to the judges, 609, 612. See also Civic Judicature and Justice. Congress, circulation of letters addressed to Can-
adians by the Continental Congress of Phila- elphia, note 2 p. 452.
Constitution, as established by the Crown of France not entirely abolished at the Cession, 265; Lieutenant Governor Hamilton considers that the time is opportune for amendment of, 528; no change to be made in, until the opinion of the people is ascertained, 548; Sydney advises Dorchester that there is no intention to make changes, 586; Loyalists desire to be governed by the British constitution and laws, 645; Western Loyalists petition to be governed by the English constitution, 648; Sydney refers to the conflict- ing nature of the applications for changes in, 652; summary of a debate in the British Commons on, note, p. 652; Carleton's opinions concern- ing proposed alterations in, 655; Finlay's opin- ion that a constitution founded on the 12th
Constitution-Continued.
article of Carleton's instructions would be most- suitable for the Province, 656; Finlay's remarks on proposed changes, 656-658; Grenville on pro- posed changes, 665-666. See also Government.
Constitutional Act, despatches re, from Grenville to Carleton, 662, 663-666; Carleton's opinion on first draught of, 664; first draught of, 667; first draught divides the Province of Quebec into Upper and Lower Canada, 667; first draught of, provides for a Legislative Council and a House of Assembly in each of the provinces, 667; se- cond draught of, 677; Carleton and Chief Jus- tice Smith amend the first draught, note 1, p. 677; proposed additions to the Bill to form a general government of all the British Provinces in North America, 687; proposed clause re trial of criminal offences, 689; Grenville discusses the first and second draughts, 690; letter of Dundas, to Carleton on the working of, 692; text of Act of 1791, as passed, 694; source of text in this volume, note 3, p. 694; source of debates in the British Parliament relating to, note 3, p. 694. Contraband Trade, between St. Pierre and Mique- lon, and Newfoundland, 99; carried on by French subjects, 145, 146; instructions to Car- leton (1775) for suppression of, 430.
Corvées, ordered by Carleton to follow Burgoyne's Army, note 2, p. 461; remarks on, 516, 528. Cosnan, Capt., Town Major at Quebec, 37. Conway, Gen. H. S., succeeds Earl of Halifax as Secretary of State for the Southern Department, 172, 190, 192, 199.
Council, composition of, and regulations concerning, 133-134; power given to governor to choose mem- bers for vacancies in, 134; protests against action of governor in summoning only part of council, 192; protest against the number and order of precedence of members appointed by the King, and those appointed by the Governor, 193; mem- bers of the first council, note p. 193; the twelve members appointed by the King to have prece- dence, 194; list of members in 1766, with dates of their admission, note p. 194; list of members appointed in 1768, 211; conditional power given to Governor to appoint and suspend members, 211, 212; freedom of debate and vote given to members, 212; proposed increase in num- ber of members, 267; limit of the authority of members, 297; proposition to enlarge, 321; memorial of French inhabitants asking for an increase in number of members, 357, 359; British merchants of Quebec suggest a fixed number of members, who would be independent of the governor, 365; Lord North favours es- tablishment of a council, and not an assembly, note p. 375; proposal to create the Legislative Council by letters patent, in second draught of Quebec Bill, 380.
Council, clause in Quebec Bill as returned from the Commons providing for, and stipulat- ing number and powers of, 393-394: provision in Quebec Act for calling a council by the King, 404-405; oath to be taken by members of, 420; Carleton's instructions of 1775 constitute five members a board of council for all business except acts of legislation, 420; list of members appointed by the King in council as given in Carleton's instructions of 1775, 420; regulations for, in instructions to Carleton of 1775, 420; freedom of debate to members of, in Carleton's instructions of 1775, 421; restrictions to powers of, 421-422: Carleton's remarks on ordinances passed in 1777, 460; list of ordinances passed in session of 1777, 463; list of members as appointed by Haldimand's instructions of 1778, 475; Gov- ernor and council authorized in 1778 to frame,
alter and amend ordinances relating to courts of justice, 475; instructions to Haldimand of 1779, interpret his former instruction re what shall be a quorum, 476; object to formation of privy council by Carleton, note 3, p. 476; Haldimand censured for calling together certain members to act as a privy council, note p. 477; opinions of members of the council on instruction of July, 1779, concerning alterations to be made in court of civil jurisdiction, 479; George Pownall appointed clerk and registrar of, note 2, p. 480; opinion of the legislative council on instruction to Haldimand concern- ing alterations to be made in the judicial sys- tem, 481.
Council, Haldimand reviews the question dis- cussed by the council as to their constitutional power to prohibit the export of grain and flour or to fix an arbitrary price, 482; refuse to grant juries in civil cases, 501, (see note p. 502); ad- dress to Haldimand praying for a continuance of the Quebec Act, note p.502; extraordinary powers given the council by the Quebec Act objected to, note p. 502; proposed regulations for, 503; objec- tions to proposed composition of, and salaries, 511, 514; Bill introduced to secure "an emancipa- tion of the Legislative Council from the uncon- trollable authority of the Governor ", note 2, p. 520; members of the council to be suspended or removed by the King only, 522; council to consist of at least thirty-one members, 524; not in favour of open debate, note 1, p. 529; Haldi- mand's remarks on the opposition of certain members of the council to measures of govern- ment, note 3, p. 539; Lieutenant-Governor Hope suggests an increase in number of Catholic members, 540; proposal to increase the num- ber of Canadian members, 548; instructions of 1786 re board of council, 552; list of members appointed by Carleton's instructions of 1786, 552; regulations for, in Carleton's instructions of 1786, 552-553; powers granted to, in Carle- ton's instructions of 1786, 554; freedom of de- bate provided for, 554; old subjects refused copy of a bill depriving mercantile classes of trial by jury, 573.
Council, members of council disqualified from acting as judges in certain cases, 578; extract from the proceedings of 1787, 579; protest of Chief Justice against vote of council, 579-588; disputes in the council contrary to the dignity of Government, 586; reports of committees, and journals of the council used by Carleton in making an investigation into the condition of the province, 587; discord in, referred to by Carleton, 588; objections to change in Bill intro- duced by Chief Justice, note 7, p. 588; commit- tee on commerce and police recommended the adoption of much of the common and statute law of England, 589; two members of the council withdraw their names from the protest against the vote on the commitment of a bill for the better administration of justice, note 1, p. 589; minutes of the council upon state business, from October 1786 to June 1787, 590; members take the oaths required, 590-591; committees appointed to make reports as a basis for deter- mining the future government of the province, 591; action of, on the charges made against the administration of justice by Monk, 592; report of, on the administration of justice, 594; memorandum of the council concerning trial by jury, 602; report of committee of council on commerce and police, 612; letter of committee of council on commerce and police, 622; answer to the letter, 623; report of merchants of Mon-
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