ill calculated to preserve (what it certainly was not intended to preferve) an ancient system of laws, which were to be admitted or rejected upon motives of equity, adopted by gentlemen who merit however no other imputation, than the want of education in, or acquaintance with, courts of law or equity, and the confufion in which fuch decifions muft neceffarily be involved, are matters upon which, I think, I need not enlarge ?"

Since the Quebec A&t took place, little or no beneficial alteration has happened in the proceedings of these courts; on the contrary, the only defirable parts of the former system have been taken away, the fubject has been deprived of the benefit of juries in actions for personal injuries; the merchant of the decifion of causes by the law of merchants, and according to the laws of England, heretofore in ufe, prior to the introduction of the Quebec Bill; and no pofitive law, no fixed or established rule to Supply thofe defects. The courts, now fole judges of the fact, and of the law, in all cafes, and though generally unaquainted with law, and particularly with the laws of commerce, are left to their own judgments; confequently their decifions are too arbitrary, and their power too unbounded to tally with the principles of the British conftitution!

To

To prove thefe affertions, it will be confidered, that the laws and cuftoms of Canada, which form the most imperfect fyftem in the world, for a commercial people, have, in matters of trade, been long fince exploded in France, and the Code Marchand introduced in all their towns in its ftead. Canada, before the conqueft of it by his Majesty's arms, had little or no trade of confequence, except that of the India Company for furs, who monopolized almost the whole; and, therefore, probably not having fo great occafion for the Code Marchand, or jurifdiction confulaire, it was not introduced into this country.

APPENDIX, No. VII.

Extract from a Petition delivered to Lord George Germaine, Secretary of State for the American Department, 2d April, 1778, by the Canadian Merchants then in London.

THE Ordinances lately made by the Governor and Council in aid of the French law, have contributed to increase the general diffatisfac-tion.This Council, when only twelve members were prefent, and each of them bound by

an

an oath of fecrecy, proceeded to make laws without requiring the leaft information, and with the most total difregard of an application from the merchants who petitioned upon grounds of general utility, that they might not be deprived of the mercantile laws of England. The ordinances furnish further matter of complaint, because of the ambiguous terms in which they are expressed, of the indefinite powers which they give to the judges,

APPENDIX, No. VIII,

Extract of a Petition from the Canadians to bis Majefty in September 1784

SUR le fecond objêt, Sire, c'eft que non-obftant la faveur que vous avez accordée a votre peuple Canadien, en le confervant dans fes loix municipalles, il n'en jouit qu' imparfaitement, et la caufe derive de ce que le Confeil Legislatif, etant compofé aux deux tiers d'anciens fujêts, ces derniers ont toujours la préponderance et font des changements, et alterations à nos loix, quand bon leur femble, et relativement a leurs interêts.

APPENDIX.

APPENDIX, No. IX.

Extract from a Memorial of the Merchants of of London (trading to Quebec) to Ministry, dated the 24th January, 1786.

THE prefent code of laws, if the mixture of French and English laws may be fo called, not being well understood, the execution of them is fubject to much difficulty and uncertainty; among other inconveniences, perfons often claim the right of both, and take the advantage of that which beft fuits their purpose; by these and other means, the payment of debts are evaded, and right and property is rendered uncertain and infecure. The loffes the British merchants have fuffered from this evil, within the last three years, has occafioned the ruin of many; and fuch is the prefent want of confidence and want of credit in confequence of these disasters, that common ruin and general diftrefs must enfue, if some effectual remedy be not immediately applied.

From the petition delivered last year to the Right Honourable Lord Sydney, figned by upwards of 1800 of the principal inhabitants;

from

from the letters lately addreffed to us from the committee of Quebec and Montreal on this fubject, (copies of which are hereunto annexed,) and inoreover, from Our own knowledge, and. the particular information Our connections in that country afford Us, We are clearly and unanimously of opinion, that for the relief and redrefs of thefe evils, and the many other defects of the present conftitution of that government, a provincial legiflature, or boufe of affembly, established on the fame principles as in every other British colony in America, will be effeaual.

We are equally confident, that it is the earnest wifh and defire (whatever may have been reprefented to the contrary) of the principal as well as the generality of the inhabitants of the province, both old and new fubjects, (and to which the loyal refugees have alfo added their teftimony by petition) to be governed by British laws, to be made and adminiftered according to the British conftitution; they found their claim to it, not only as British subjects, but under his Majefty's fpecial proclamation of the 7th October, 1763.

We conceive no other form of government will fatisfy and quiet their minds, fecure their rights, and protect Our property. We, therefore, feel it Our duty to recommend, in the most earnest manner, this meafure to his Majefty's minifters, as the moft effential for the fecurity and profperity of this valuable

province;