This confideration we fubmit to the Honourable Committee of Council, and refer them to the petition we had the honour to tranfmit to his Majefty and both Houses of Parliament two years ago, for granting a House of Affembly to his Majesty's faithful subjects of this Province, a copy of which accompanies this Report.

Extract from Report of Committee of Legislative Council on Commercial Affairs, to Lord Dorchefter, dated 29th Jan. 1787.

On the 6th January, the merchants of Quebec delivered their opinions and representations on a variety of objects of commercial and political regulations, to which they have annexed a copy of a petition to his Majefty, tranfmitted to the Right Hon. Lord Sydney in the spring of 1785.

On the 27th January, the magistrates and merchants of Montreal delivered their opinions.

In both of these they have deeply and accurately treated, and judiciously reafoned on the actual fituation and various interefts of the Province.

We should therefore be wanting to them and to your Excellency, if we did not annex and recommend their reprefentations to your Lordship's most ferious confideration and reflection.

APPENDIX. No. XII.

Extracts from a Proteft made in Legislative Council. Quebec,

DISSENTIENT,

1787.

Firft. Becaufe the refufal to commit the Bill, implies a difapprobation of every part of it, as incapable of being fo altered as to retain a fingle claufe, and amounts as clearly to a rejection of every paragraph of it, as if each had been separately voted to be ftruck out; and it was fo explained and understood, and that intention avowed by every speaker against the commitment.

Second. Because the regulations for the adminiftration of justice in all the Courts of Common Pleas, as well as in the monthly Court of Appeals, were fo obviously expedient in the eye of mere abstract theory, as to require only to be read to be approved, and might have been contended for by the Judges, without any difparagement of character or office; and ferved for no mean defence against the clamours and complaints ta which Courts, where the Judges find both law and fact, are obnoxious; and efpecially in fuch a country as this, where they hold the mighty power of fettling the queftion, what was or was not, the custom and ufage,

as well as the law, of the Colony antecedent to the conqueft.

Third. Becaufe one of the beft fecurities for the permanent duration of the privilege granted by the statute, commonly called the Quebec Act, to his Majesty's Canadian fubjects, is their ready manifestation of a correfpondent liberality to his Majesty's native-born fubjects, through the voice of that legislature which the ftatute erects, and of which his Majefty has conftituted fo many of the Canadian gentlemen to be members. The Bill pointed to a measure for fhewing such a difpofition, without the smallest infringement of the benefit granted by the British Parliament to themfelves; and it had fucceeded, if only one of them had given his voice for the commitment, the queftion being decided by the Chair.

Fourth. Because the poftponing the relief which, according to this Bill the Governor was to be enabled to afford to the American Loyalifts fettled in our frontiers, to us appears inconfiftent with the interefts of the Crown, and repugnant to every motive of found policy, as well as the fympathy we ought to have for those, who with fo much honour to themselves, have facrificed every confideration of private intereft to their faithful affection to their fovereign and the British cause, and to whom, as subjects of tried loyalty and men of arms, this Province may be one

day obliged to look for its protection and defence; to fay nothing of what it became the King's fervants here to have done, for fufferers of fuch diftinguished merit, in obedience to the royal commands, communicated to General Haldimand by a letter from Lord North.

Fifth. Because the Bill was framed to heal the divifions and animofities which have fo long fubfifted in the Colony to its difgrace and detriment; and, we are fearful, that the rejection of it will not only raise a spirit, which as a party one in the trite game of selfish ambition and avarice, for petty confequence, place and profit, is always contemptible, and though fometimes harmless, is nevertheless to the last degree dangerous in a country of mixed nations, habits and languages, where the name of the party, if the conteft refpects the fubftantial interefts of the crown and nation, will be changed into the serious difcrimination of loyal and difaffected.

And we are the more anxious for the general harmony, as thefe difcords, by encreasing the debility of the Province, predispose it to become the theatre for the malignant machinations of the internal malcontents of Great Britain, and the hoftile views of foreign powers.

Sixth. Because without fome regulations, to quiet the murmurs against the courfe of adminiftering justice, zuhich has obtained here for years paft, expreffed

in

in the Reports on our table from the magiftrates and merchants of the Province, and the complaints to the King's minifters by the merchants of London, the commerce and fettlement of the Colony cannot advance in the courfe neceffary to give it ftrength, for its own fecurity, and to cover the two other Provinces, fortunately to all of them, committed to the wisdom and vigilance of the noble Lord, who is fo well difpofed and qualified to raise them to safety and prosperity, if their own cheerful co-operation fhall not be wanting.

We lament, therefore, the lofs of this Bill as embaraffing, if not defeating, the provifions expedient for the interefts of the crown, as unfriendly to the commerce of the nation, as diftreffing to the loyalifts who have fled to our borders for refuge, and have the most unexceptionable claim, at least, to legislative regulations for their comfort, as tending to diftract the minds of the inhabitants with jealoufies, to the reducing of the force of the Colony, and, as the confequence of all, the expofing of it to the operation of foreign principles, fmoothing the way to an invafion. AND THIS PROTEST WE MAKE in vindication of ourselves to his Majesty, and his Representative, and with the fincereft defire to preferve the tranquillity of the Province, and the interests of every order of men in it, proteftants and catholics, by all the means that may consist