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SESSIONAL PAPER No. 18

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.

the

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-

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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

353.

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.

See

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

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NAL PAPER No. 18

tion-Continued.

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.

Council-Continued.

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.

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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.

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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

SESSIONAL PAPER No. 18

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,

Council-Continued.

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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