SESSIONAL PAPER No. 18

Report-Continued.

bec, 258, (see p. 257); of Lords Commissioners
for Trade and Plantations relative to the
state of the Province of Quebec, 263, list of
documents which served as a basis of, 274; of
committee of council on administration of law
by justices of the peace, 276; of Solicitor Gen-
eral Wedderburn, setting forth defects in mode
of government and suggesting plan of civil and
criminal law, 296, (see also p. 302), note as to the
source of text in this volume, note p. 296; At-
torney General Thurlow on administration
of government with abstract propositions for
improvement, 305, source of text in this volume,
notes pp. 296, 305; of the committee of the
council relating to the courts of justice, 594;
of the committee of council upon population,
agriculture, and the settlement of Crown lands,
639.

Representative government, proposed by Board of
Trade, 172.

Request, Courts of, plan for the establishment and
regulation of, note p. 576; private disputes to
be settled by the commissioners, note p. 576.
Reserves, clause in Haldimand's instructions pro-
viding for reserves of land for educational and
religious purposes, 494.

Revenue, proposal to create revenue by taxation,
172; duties proposed on liquor for revenue, 184;
proposals to levy taxes, 184, 185; insufficient
provision made for, 266; remarks by Marriott,
on proposed bill for raising and collecting taxes,
334; clause in Act allowing liquors to be im-
ported into parts of Quebec, 409.

Revenue Act. See Quebec Revenue Act.
Reynal, Abbé, Marriott refers to legal works of,
319, 333.

Rice, George, member of Board of Trade, refer-
ences to, 97, 107, 110, 112.

Ridley, Sir Matthew White, speaks in favour of
Constitutional Act, note p. 652.

Rigaud, M. de, Governor of Montreal, 11, 22.
Roberts, John, member Board of Trade, 274.
Robin, Pipon & Co., grant of land on Baie de
Chaleur, made to, 560.

Robinson, Thomas, member of Board of Trade,
274.

Roman Catholics, inhabitants to give account of
arms and ammunition in their possession, 139;
given right to act as jurors, note p. 149, (see pp.
156, 167); Grand Jury of Quebec protests against
Catholics as jurors, 155, (see pp. 156, 158, 161);
report of Attorney and Solicitor General re
status of, 171; summary of Attorney General
Yorke's opinion re the right of Catholics (ac-
cording to British law) to sit in House of As-
sembly, note p. 185; members of council should
not be required to make certain declaration,
267; address to the King from, 517, 518;
Lieutenant Governor Hope suggests that there
be more than six Catholic members of the legis
lative council, 540. See also under Religion.
Ross, Major, bearer of petition to the King from
Canadians disapproving an assembly, 539.
Rosslyn, Earl of. See Dartmouth.
Royal Courts of Judicatuce, suggested by Maseres,
247, 248, 260.

Rules of Practice, Provincial Court of Appeals to
have authority to establish, 577.

Russell, Francis, surgeon in hospital at Quebec,
1762, 37.

Salaries and Allowances of Office under Government,

to be regulated by the Governor in Council, 215:
note concerning estimates for, note p. 432, note |
p. 566; provision for, in instructions to Carleton
of 1775, 432; additions to, 450, 567.
Saunders, Admiral Charles, signs articles of capitu
lation of Quebec, 3, 5.

Savile, Sir George, member of the British Com-
mons. note 2, p. 520.

Seal for Quebec Province, description of pro-
posed, 115.

Security, Court of Appeals to determine
when necessary, 577, 583.

Secretary of State for the Colonies, office created in
1768 and abolished in 1782, note p. 500.
Secretary of State for Home Department, Viscount
Sydney holds office of, note 1, p. 527.
Seigneurs, powers of, 62.

Seizure before Judgment, ordinance concerning, 584.
Shelburne, Earl of, references to, 97, 107, 110, 112,
116, 192, 196, 199, 201, 203, 205, 208, 228, 259,
274, 320, 331, 333, 358, 571.
Shelburne, Earl of, President of the Board of
Trade, note 2, p. 116; appointed Secretary of
State for the Southern Department, note, p.
192; letter from Carleton on the state of the
Province, 196; letter to Carleton re improve-
ment of the Constitution, 196; letter to Carleton
re defects in system of judicature, 201.
Sheridan, Richard, comments on the powers vested
in Governor, note 2, p. 502; thinks the British
ministry guilty of neglect in adjusting the laws
of Canada, note p. 652.

Sheriffs, proposed appointment of, instead of a
provost marshal, 250; to be appointed by gover-
nor for each district, 669.

Shoolbred, John, merchant of London, is granted
land on Baie de Chaleurs for purposes of fishing
trade, 560.

Sills, Samuel, grand juror at Quebec, 155, 156.
Simcoe, Lieutenant-Governor, note 1, p. 651.
Simmonet, Fr., signs a petition for retention of old
laws and customs, 355, 356, 358.

Smith, Chief Justice William, references to, 552,
569, 571, 574, 578, 582, 588, 590, 592, 602, 677,
678, 684, 685, 687, 689.

Smith, Chief Justice William, letter to Nepean on
the Quebec Act, 569-571 (see p. 573); remarks
on the Court of Commons Pleas, 570; his
draught of an ordinance for the better admin-
istration of justice, 574; summary of an ordi-
nance for the relief of the poor by providing
for the dispensation of justice in small causes,
note, p. 576; his speech considered by Lord Syd-
ney to be an attack on the freedom of debate,
586; bill "to secure the Royal Revenues and to
regulate the Proceedings in Crown Causes, and
to give the subject the benefit of Appeal from
large fines," note 7, p. 588; assists Carleton in
amending the first draught of the Constitutional
Act, note 1, p. 677; makes suggestion concerning
boundaries of Canada, 678; draught of a clause
for the Constitutional Act re the boundary be-
tween Quebec and New Brunswick, 684; letter
to Dorchester concerning plans for a general
government of the British dominions in North
America, 685-687; draught of additions to the
Constitutional Bill for a general government,
687; re trial of criminal offences, 689, referred
to, pp. 676, 685.

Soldiers, grants of land to be given to, 113.
Solicitor General. See Attorney and Solicitor Gene-
ral.

Sorel, Seigneurie of, to be allotted and granted to
the Loyalists who withdrew from the colonies
after the signing of the Treaty of Peace, (1783)
563.
Speakers of the Council, to be appointed or re-
moved by the Governor, 669, 679, 697.

Spry, Captain, engineer at Quebec, (1762,) 37.
Stanhope, Admiral, takes possession of the Island
of Minorca, 336.

Steel, Mr., master of the King's vessel " Mercury,"
council requests information from, re the navi-
gation of the St. Lawrence, 613.

Stewart, Charles, member of the Council, (1765) 195.
Stuart, Dr. John, missionary to Mohawk Indians,
first clergyman appointed in Upper Canada,
note 2, p. 644.
Suckling George, Attorney General of Quebec, dis-
missed from office, note p. 178.
Superior Court, established, 149; appeals from,
allowed to Governor in Council where value of
contested matter is over £300, and from there
to King in Council where value is £500 or
over, 149, 230; judges to adhere to the Custom
of Paris, 187; slowness of proceedings in, 187;
suggestions for composition and powers of, 304;
ordinance of 1777 creates the Governor and
Council a Court of Appeals in matters
ceeding £10, their judgment to be final in
cases under £500, 464. See also King's Bench.
Supreme Court, of Criminal Justice, ordinance

ex-

establishing a third term for sittings of, 174 (see
also p. 176); power given the Chief Justice to
hold, 192; established by ordinance of 1777, 471.
Sydney, Lord, references to, 327, 538, 547, 550,

551, 586, 587, 646, 649, 651, 653, 654, 655,
662, 676, 694.

Sydney, Lord, holds office of Secretary of State,
note 1, p. 527; despatch to Hope, indicating the
policy of the British Government in the strug-
gle between the Americans and the English to
secure influence over the Indians, 547; despatch
to Hope re proposed increase in the number of
Canadian members in the Legislative Council,
548; letter to Joseph Brant, concerning British
support of Indians in case of land dispute with the
Americans, 549; letter to Brant, concerning com-

pensation to Indians for losses sustained during
the war, 549; despatch to Hope, announcing Car-1
leton's appointment as Governor General and of-
fering Hope the Lientenant Governorship of
New Brunswick, should Colonel Carleton,
Lieutenant Governor of New Brunswick as-
sume that office for Quebec, 550; letter to Car-
leton, on the attitude of Attorney General Monk
towards the judges of the Common Pleas, 586;
is of opinion that Canadians have a right to re-
tain the laws guaranteed them by the capitula-
tion, 586; expresses opinion re speech of
Chief Justice Smith, 586; his opinion on the
rights of the old inhabitants, 587; letter from
Carleton, his investigation of the condition of the
Province, 587; letter to Carleton on division of
the Province, 587; letter to Carleton, re grant-
ing Canadians a House of Assembly, 587; letter
from Carleton, recommending that Crown
Lands be granted in free and common soccage,
646; petition from British merchants trading with
Quebec for a House of Assembly, 649; on the
conflicting tendencies of the applications for a
change in the constitution, 652; letter to Carle-
ton, requesting a report on the civil state of the
Province, 654; remarks concerning Protestant
religion, note, p. 694.

St. John's, annexed by Britain to government of
Nova Scotia, 120.

St. Leger-selected to command expedition against
United States, 460; placed in command of mili-
tary affairs in the absence of Haldimand in Eng
land, 1784, note 1, p, 527.

St. Luc, La Corne, member of legislative council,
483, 484. See also La Corne.

St. Martin, Dumas, justice of the peace at Mont-
real, 373.

St. Maurice Forges, account of, 64; reservation of
land necessary for carrying on, 144, 222, 319, 563.
St. Ours, Paul Rocque, member of legislative
council, 475, 484, 552, 579, 582, 586, 588, 590,
591, 592, 594, 593, 599, 600, 601, 602.

6-7 EDWARD VII., A. 1907

St. Pierre and Miquelon, ceded conditionally to
France by Treaty of Paris, 75, 86, (see also p. 99)
Tachet, M., grand juror at Quebec, 155.
Taxation, suggestion for creating revenue by, 172 ;
Council prohibited from levying taxes, note p.
502; objections raised to the imposition of taxes
by House of Assembly, 511, 514, 516, (see alen
421); petition of Roman Catholics setting forth
that Colony is not in a position to be taxed, 518,
519. See also under Duties.

Tenure of Land. See Land Tenure.
Terre en Roture, explanation of, 41.
Test, oaths required from members of assembly,
265, 268.

Three Rivers, report on state of government of, by
Burton, 61; state of fortiffcations and defence
62; remarks of Burton on the inhabitants, 65;
inhabitants of district petition the King for a
House of Assembly, 507; suggestion to form a
district for the administration of justice at.
615; magistrates of, suggest the establishment
of a weekly court for the recovery of small
debts, 634, 637; representations of citizens at,
634-637; inhabitants object to the circuit court,
634, 637; protest of inhabitants re delay in
circuit courts, 635, 637; inhabitants request
the establishment of a civil prison, 635, 638;
suggestion as to limits of district, 638.
Thompson, Zachariah, Captain of ports, Quebec,
Thurlow, Attorney General Edward, reports on
mode of government with abstract propositions
for its improvement, 305; notes as to source of
text in this volume, pp. 296, 305.

37.

Timber Limits, provision for, 144, 222.
Tithes, regulations proposed, 303; rules for collec-

tion of, 557.

Townshend, Brigadier General George, references
to 3, 5, 6, 7, 96, 199.

Townsend, Brigadier General George, extract from
his despatch to Pitt, re capitulation of Quebec,
3; signs articles of capitulation of Quebec, 5.
Townshend, Thomas. See Sydney.
Trade, merchants and inhabitants to enjoy privil-
eges of, 18, 28; under French regime, 57;
remarks on, 70, 71; in Louisiana, 72; contra-
band trade between St. Pierre and Miquelon
and Newfoundland, 99; prohibition of contra-
band trade, 145, 146; effect of Pontiac's rebel-
lion on, 168; representation by British mer-
chants at Quebec on the condition of, 168; British
traders of Quebec complain of the restriction of,
168; merchants in London and Quebec, seek
the advancement of, 170; rules to be observed
by Governor in Council in passing laws relating
to, 213; English laws affecting commerce
applied to Quebec, 234; in Canada chiefly car-
ried on by English merchants, note p. 350;
instructions to Carleton relating to, 438; contra-
band trade infringes on rights of the United East
India Company, 445; Chief Justice Hey's
remarks on unsatisfactory state of, 458; plan
for the establishment of a Chamber of Com-
merce for the city and district of Quebec, 462;
merchants of Quebec protest against ordinances
relating to, 473; Haldimand's remarks on the
law concerning, 488; Governor and Council
authorized to make ordinance in favour of, 496;
ordinances passed in 1787 and 1788 relative to
trade and commerce with the United States,
note 2, p. 496; suggestion that the commercial
laws of England. subject to the Legislature, be
declared law in all matters of, 504; commercial
laws of England referred to, 512, 514; clause in
ordinance of 1785 providing for English rules
of evidences in commercial cases, 532; execu
tions against lands and goods, 537; remarks

SESSIONAL PAPER No. 18

Trade-Continued.

of the British merchants trading with Quebec on
the exports and imports of the Province, 542-543;
remarks on trade with Newfoundland, 542-543;
trade with Vermont, 542; British merchants
trading with Quebec petition for regulations as
proposed for Newfoundland, 542; inconveniences
of colonial navigation acts bearing on the tim-
ber and fur trade, notes p. 543.
Trade, regulations in Carleton's instructions of 1786
re peltry, 559-560; Finlay's opinion that English
commercial law does not affect the titles or
tenure of lands or the distribution of property,
572; the English and the Loyalists desire the
commercial law of England, 572; proposal to
regulate the administration of justice in matters
of, 575; opinion of Sydney that Canadians have
right to retain laws guaranteed to them by terms
of capitulation, 586; English traders desire Eng-
lish commercial law in Quebec, 586, 601; Ma-
bane's remarks on trial by jury in commercial
causes, 605; suggestions for regulating appeals
in commercial causes, 624; suggestion to improve
the wheat and flour trade, and to establish public
markets, 633; magistrates of Cataraqui make
suggestions relative to trade in the western dist-
rict, 643; Loyalists ask that importation of lum-
ber from Vermont be prohibited, 645,648; legisla
tures of the provinces to have the disposition of
the duties accruing from, 673, 683; Carleton's
suggestions for regulations re, 675; remarks on
commerical law for Canada, 691. See also Com-
merce, and Commerce and Police.
Trade, Indian, plans for remedying abuses in, 71;
proposal to keep up military force for security
of, 109, 113; license required for, 122, (see also pp.
102, 113); regulation of, 145, 223; English and
French inhabitants desire extension of limits of
the Province for purposes of, 351, 358; regula- |
tions in Carleton's instructions of 1775, 428;
plan of regulations for, 436; merchants of Que-
bec object to an ordinance regulating, 473; sug-
gestions for removal of inconveniencies attend-
ing, 543. See also Indian Trade.

Trade, Fur, sketch of, 100.

Trade and Fisheries, regulations of 1786, 559-560;
see also Fisheries.

Trade and Navigation, instructions to Carleton re,
438; colonial and foreign relations, note p. 438;
regulations for civil procedure relating to, 443.
See also Navigation.

Traders of Quebec, British, Murray's recall due to
strained relations with, note p. 167; petition the
King for Murray's dismissal, 168.
Trading posts, of the French, list of, 71; the last
belonging to Canada annexed to Louisiana, 72.
Treaty of Paris, (1763), French text of, taken from
photographic reproduction of original, 73; pre-
liminaries of, signed at Fontainebleau, 73, 84;
list of treaties forming the basis of, 74, 85;
source of English version, note p. 84.
Treaty of Paris, (1783,) text of, 491; source of text in
this volume, note p. 491; dispute concerning ful-
filment of 5th and 6th articles, note p. 493; articles.
not fulfilled by contracting parties, 690.
Treaty of Utrecht, violation of terms of, re fur
trade and fisheries, 100.

Treby, Capt., in command of British forces quarter-
ed at Trois Rivières, 66.
Trial by Jury. See Jury, Trial by.

Troops, Gage recommends a detachment of, for

each Indian trading post, 71; state of, re-
ported by Carleton, 196; assistance of, re-
quired by Gage, 410, 411; difficulty in raising
Canadian regiment, 455, 459, notes p.
remarks re billeting of, on the inhabitants, 516.
See also Militia.

461;

Tryon, Governor of New York, 339.
United East India Company, trade of, 445.
United Empire Loyalists. See Loyalists.
United States, by Treaty of Paris (1783) England
acknowledges independence of, 491; boundaries
stipulated by Treaty of Paris, (1783), 491, (see p.
690); titles of ordinances passed in 1787 and
1788 relative to trade and commerce with,
note 2, p. 496; Carleton suggests that instruc-
tions be given him as to the policy he is to
observe in dealing with, note 3, p. 551.
Vaudreuil, Marquis de, references to, 8, 9, 10, 11, 19,
20, 22, 23, 24, 28, 29, 123.

Vaudreuil, Marquis de, sends letter to Amherst re
capitulation of Montreal, 8; signs articles of
capitulation of Montreal, 20, 29; re claims for
lands, note p. 123.

Vermont, difficulties of, with State of New York,
497; Haldimand's account of his negotiations
with, 497; remarks on trade with, 542; objec-
tions concerning trade with, 628, 630, 645, 648.
Vialars, Anthony, member of committee of Quebec
petitioning for an assembly, 341.

Vice Admiral of Quebec, Murray appointed as, 239.
Walker, Thomas, member of committee of Quebec,
petitioning for an assembly, 340, 341, 413.

Wall, Richard, signs the articles of the Treaty of
Paris, (1763), 83, 93.

Wearg, Sir Clement, his opinion on the right to
levy taxes, 371, 372.

Wedderburn, Sir Alexander, Solicitor General, re-

ferences to, 296, 362, 376, 377, 379, 380, 385, 387.
Wedderburn, Sir Alexander, Solicitor General, re-
reports on the defects in mode of government,
296, (see also p. 302); source of text in this vol-
ume, note p. 296; makes suggestions as to the
limit of authority of council, 297; suggests that
the criminal law of England should not be trans-
ferred to Canada in its entirety, 300; abstract
of regulations proposed by, 302-304; first draught
of Quebec Bill attributed to him, note p. 376;
frames second draught of Quebec Bill under
Dartmouth's instructions, note p. 377; his
opinion on creating the legislative council by
letters patent, note p. 380; notes on third
draught of Quebec Bill. 385; his view as to
English settlement of Canada, note p. 389.
Weights and Measures, proposals for the regulation
of, 617.

Wells, John, member of committee of Quebec peti-
tioning for an assembly, 341, 351, 413.
Williams, Jenkin, clerk of the council, references
to, 341, 351, 463, 466, 471, 472, 484, 488, 490, 586,
609, 620, 629.

See Hillsborough.

Wills,
Wilmot, Sir John Eardley, Chief Justice of the
Court of Common Pleas, 373.

Wilmot, Montagu, Governor of Nova Scotia. 117,
118, 124; report on draught of his commission as
governor of Nova Scotia, 117.

Witnesses, suggestions for the examination of, 250;
provisions in ordinance of 1785 for examination
of 532.

Wolfe, General James, issues manifestoes promis-
ing protection to the people, note p. 29.
Workhouse, suggestion that one be provided, 631.
Wright, James, Governor of Georgia, 124.

Writ of Appeal, clause in ordinance of 1783, Jelat-
ing to, 490.

Writs of Election, regulations concerning, 669, 680,
698, 699, 708.

Writs of Execution, nature of, procedure to be fol-
lowed in, 468.

Yorke, Attorney-General, C. references to, 174, 178,
185, 267.

Yorke, Attorney-General C.. makes report on civil
government of Quebec, 174.

6-7 EDWARD VII., A. 1907

Yorke and De Grey, Attorney and Solicitor Gene-
ral, referred to, 171, 174, 178, 183, 238, 243, 255,
269, 308, 309, 313, 314, 323, 329.
York and De Grey, report on the civil government
of Quebec, 174.

Yorke, Sir Philip, questions regarding the rights of
assembly of Jamaica referred to him, 371, 372.

Yorke and Yorke, sign commission appointing
Murray as Governor, 132.

Young, Colonel, appointed civil and criminal judge,
note p. 29.

Young, John, merchant of Quebec, 619.