SESSIONAL PAPER No. 18 5th With regard to the establishment of the legislative power in Canada, I have already had occasion to demonstrate to the honourable chamber how essential it was to entrust it only to the largest landed proprietors in this country; owners only of properties recognized all over the world as solid, any others being liable to ruin from a sudden fire, or a few bankruptcies. It is from them only we can hope for the attention and care necessary to foresee the evil, and to develop all the natural advantages which the country may possess, seeing that they are the most prominent and the most interested in the success of the matter: this cannot reasonably be expected from those who have no interest, or only a very slight one in the public good, and especially if their personal interests are opposed to public ones. Thus, whatever form of legislation is to be established in Canada, it would be well that His Majesty should be implored to employ as members of the legislature, only those taken from the class of the principal and larger proprietors in the matter of land, without paying any attention to the religion which they profess; their differences of opinion in point of dogma will have no influence on this object, it will never be anything but the interest they themselves have there, which will decide them. He should also be entreated to order that no law, ordinance, or regulation of any importance be passed, except at the time fixed for the general session of the legislative corps, and that in every case, the members of the corps should be assembled in large enough numbers to insure that it will be the public good only that will decide them. And lastly, one point which deserves attention, and which ought to be settled, is that, the French language being the general, and indeed almost the only language used in Canada, it is obvious that no stranger, who goes there, having only his own interests at heart, can serve them well, except as he is thoroughly versed in this language, and obliged to make use of it continually in all the special matters which he has in hand; that it is completely impossible taking into account the distance between the establishments and dwellings throughout the country, ever to attempt to introduce the English language generally; for all these reasons, and others not here specified, it is indispensable that the French language should be ordered to be the only one employed in everything which deals with, and shall be settled as a public business whether in the courts of justice or in the assembly of the legislative corps &c., for it would be a cruel thing to attempt to reduce unnecessarily almost all those interested in public affairs to the condition of never being acquainted henceforth with what shall be discussed or decided throughout the country. CHARTIER DE LOTBINIERE both in his own name as 6-7 EDWARD VII., A. 1907 QUERIES RE GOVERNMENT OF QUEBEC.1 QUERIES relative to the Government of Quebec for Consideration in case the Bill passes in its present shape. Limits The Line between Quebec and New York has not been continued further to the South West than Windmill Point, on Lake Champlain in Latitude 45. Q. How is it to be settled with regard to these two Provinces between that station Point and the Boundary Line of Pennsylvania? General Government & Courts of Justice. Q. What is to be the number of the Council? In what Proportion are the Canadians to be admitted into that and other Offices, and under what Test? Q. What Courts of Criminal and Civil Justice are to be established either generally for the Province at large, or separately for its subordinate Dependencies. Whether by Ordinances of the Legislative Council, by Commissions from the King, or by Commissions from the Governor ? Who are to be the Puisne Judges in such Courts? Are any, or if any, what number of Canadians to be appointed Judges? and under what Qualifications. Of what other Offices is the Civil Establishment for the Province of Quebec and for its Dependencies to consist, and how are they to be appointed and paid? Is the office of Provost Marshal to be revived, or are Sheriffs to be substituted in the place of it? If the latter is to take place, what compensation is to be made to the present Provost Marshal, or to any other Patent Officer, whose Office shall happen to be discontinued? In what manner is a Revenue to be established, and how appropriated & applied. 1 Canadian Archives, M 385, p. 332. These "Queries" were evidently framed before the Bill had assumed its final form. The section with reference to "Limits" was provided for by the preamble in the Commons. The number of Councillors was fixed at not less than 17 nor more than 23. The number of Canadians to be admitted to the Council was not dealt with, but the oath to be taken by the Roman Catholic members was prescribed. The question of the revenue was dealt with in the Quebec Revenue Act which follows the Quebec Act; see p. 576. Most of the other matters under the head of "Religion, Government, and Courts of Justice," are left for future consideration, some of them being covered in the Instructions to the Governor. John Pownall, one of the Under Secretaries of State for the Colonies, in a note to Lord Dartmouth of July 17th, 1774, has the following paragraph. "Gen Carleton is gone; he recommends himself to your Lordships protection & requests your attention to the few memorandums & to the list of Persons recommended for Councillors which I have the honour to enclose." M. 385, p. 425. In quite another place we come upon a few notes endorsed "Gen' Carleton's Memoranda;" the chief item in which has reference to the subject of religion as indicated in these "Queries." "Gen Carleton wishes that on the head of ecclesiastical arrangements, he may be left as much to himself as possible-he has no objection to having every idea and proposition of Government in regard thereto suggested in his Instructions; but he disapproves the suppression of any religious Communities except the Jesuits, and begs he may be left at liberty to use his own discretion in this very delicate business.' M 384, p. 329. SESSIONAL PAPER No. 18 Religion What Provision is to be made for the Protestant Church in Canada ? What number of Ministers are to be appointed, and with what Stipend? Where are they to reside, and are any of the Churches already established to be appropriated to the Use of the Protestants, or others to be erected? If the latter what Fund will there be to defray such Expences? Are all the Religious Orders and Communities of the Church of Rome, at present existing in Quebec, to be abolished? or which, if any of them, are to be continued, & under what Restrictions or Regulations. If any are to be abolished is the Suppression to take effect immediately, or are they to cease when the present members of such Communities are deceased, and what is to become of the Estates & Revenues of such of the religious orders and Communities as are to be discontinued. Are the secular Clergy to have any Episcopal or Vicarial Superintendance over them? If so, by what Authority, & under what Limitations and Restrictions is such Episcopal or vicarial Power to be established? Is the Patronage of vacant Benefices to be delegated to the Governor, or in what other manner exercised, or by whom enjoyed, and how are the Clergy to be appointed? Lastly, How are these and the many other essential Reforms and Regulations touching Ecclesiastical matters, and also the necessary arrangements touching Commerce, Revenue, Courts of Justice, and other Civil Establishments to be provided for? If by Ordinances of the Legislative Council, (which seems the most reasonable) ought not the Governor and Chief Justice to be directed immediately to prepare, with proper assistance, Drafts of such Bills as will be requisite for those Objects under the following general Heads. Vizt. 1. A Bill for establishing Courts of Justice, & regulating their Proceedings. 2. A Bill for the better regulation of the Ecclesiastical Affairs of Quebec. 3. A Bill for regulating the Trade with the Indians, and preventing unlawful Settlements in the Interior Country. 4. A Bill for regulating the Fisheries on the Coast of Labrador. 5. A Bill for the more effectual Administration of Justice and Govern ment in the several subordinate Districts in the interior Country. 6-7 EDWARD VII., A. 1907 THE QUEBEC ACT.1 ANNO DECIMO QUARTO GEORGII III. REGIS. CAP. LXXXIII. An Act for making more effectual Provision for the Government of the Province of Quebec in North America. Preamble. Whereas His Majesty, by His Royal Proclamation, bearing Date the Seventh Day of October, in the Third Year of His Reign, thought fit to declare the Provisions which had been made in respect to certain Countries, Territories, and Islands in America, ceded to His Majesty by the definitive Treaty of Peace, concluded at Paris on the Tenth Day of February, One thousand seven hundred and sixty-three: And whereas, by the Arrangements made by the said Royal Proclamation, a very large Extent of Country, within which there were several Colonies and Settlements of the Subjects of France, who claimed to remain therein under the Faith of the said Treaty, was left, without any Provision being made for the Administration of Civil Government therein; and certain Parts of the Territory of Canada, where sedentary Fisheries had been established and carried on by the Subjects of France, Inhabitants of the said Province of Canada, under Grants and Concessions from the Government thereof, were annexed to the Government of Newfoundland, and thereby subjected to Regulations inconsistent with the Nature of such Fisheries: May it therefore please Your most Excellent Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the The Territor Authority of the same, That all the Territories, Islands, and Countries in North America, belonging to the Crown of Great Britain, bounded on the South by a Line from the Bay of Chaleurs, belonging to along the High Lands which divide the Rivers that empty themselves into the River Saint Lawrence from those which fall into the Sea, to a Point in Forty-five Degrees of Northern Latitude, on the Eastern Bank of the River Connecticut, keeping the same Latitude directly West, through the Lake Champlain, until, in the same Latitude, it meets the River Saint Lawrence; from thence up the Eastern Bank of the said River to the Lake Ontario; thence through the Lake Ontario, and the River com ies, Islands, and Countries, in Great Britain. The text of the Act is taken from the original folio black letter form in which it was first issued by the King's Printers. "London: Printed by Charles Eyre and William Strachan, Printers to the King's Most Excellent Majesty. MDCCLXXIV." ¡ESSIONAL PAPER No. 18 monly called Niagara; and thence along by the Eastern and South-eastern Bank of Lake Erie, following the said Bank, until the same shall be intersected by the Northern Boundary, granted by the Charter of the Province of Pensylvania, in case the same shall be so intersected; and from thence along the the said Northern and Western Boundaries of the said Province, until the said Western Boundary strike the Ohio: But in case the said Bank of the said Lake shall not be found to be so intersected, then following the said Bank until it shall arrive at that Point of the said Bank which shall be nearest to the North-western Angle of the said Province of Pennsylvania, and thence, by a right Line, to the said North-western Angle of the said Province ; and thence along the Western Boundary of the said Province, until it strike the River Ohio; and along the Bank of the said River, Westward, to the Banks of the Mississippi, and Northward to the Southern Boundary of the Territory granted to the Merchants Adventurers of England, trading to Hudson's Bay; and also all such Territories, Islands, and Countries, which have, since the Tenth of February, One thousand seven hundred and sixty-three, been made Part of the Government of Newfoundland, be, and they are hereby, during His Majesty's Pleasure, annexed the Province to, and made Part and Parcel of, the Province of Quebec, as of Quebec. created and established by the said Royal Proclamation of the Seventh of October, One thousand seven hundred and sixtythree. annexed to Not to affect the Boundaries of any Provided always, That nothing herein contained, relative to the Boundary of the Province of Quebec, shall in anywise other Colony; 'affect the Boundaries of any other Colony. void other Rights for merly granted Provided always, and be it enacted, That nothing in this nor to make Act contained shall extend, or be construed to extend, to make void, or to vary or alter any Right, Title, or Possession, derived under any Grant, Conveyance, or otherwise howsoever, of or to any Lands within the said Province, or the Provinces thereto adjoining; but that the same shall remain and be in Force, and have Effect, as if this Act had never been made. Former Provisions made And whereas the Provisions, made by the said Proclamation, for the Prov- in respect to the Civil Government of the said Province of null and void Quebec, and the Powers and Authorities given to the Governor after May 1, and other Civil Officers of the said Province, by the Grants and ince to be 1775. Commissions issued in consequence thereof, have been found, upon Experience, to be inapplicable to the State and Circumstances of the said Province, the Inhabitants whereof amounted, at the Conquest, to above Sixty-five thousand Persons professing the Religion of the Church of Rome, and enjoying an established Form of Constitution and System of Laws, by which their |