with our duty to the crown, and a warm and affectionate regard for the weal of the British empire.

Quebec, 19th March 1787.

Monday, 9 o'clock, A. M.

(Signed)

WILLIAM SMITH, Chief Juftice.

HUGH FINLAY, Poft Master General,
EDWARD HARRISON.

JOHN COLLINS, Deputy Surveyor General.
GEORGE POWNALL, Secretary of the Province,
HENRY CALDWELL, late Dep. Receiver Gen,
WILLIAM GRANT, late Dep. Receiver Gen,
SAMUEL HOLLAND, Surveyor General.
SIR JOHN JOHNSTONE, Bart. Super-Intendant
of Indian Affairs,

APPENDIX. No. XIII.

Extract from Paper laid before Legislative Council 18th April 1787, by the Committee of Merchants.

THAT the French laws, as faid to be eftablifhed, and as proposed to be continued, are wholly inadequate to fecure the peace and profperity

of

of the King's natural born fubjects refiding in the Province; or wifely and justly to protect and govern commercial rights; or to hold out as the means (but would prove a powerful bar) to population. That under thefe laws, our civil rights are ununknown, and property is insecure.

That infinite injury has arisen from holding the mercantile interefts and rights to be governed and administered in the King's Court by such laws.

That the merchants in London, trading to this Province, had complained to the King's minifters of these evils, and of the ruinous effects that actually had arifen, and the confequences that must arise, from fuch a fyftem or code of laws, and had prayed for relief.

That the King's new fubjects, the Canadians, in the year 1773, when they petitioned his Majesty to obtain a security in their property and poffeffions by the known rules of their ancient laws, at the same moment implored his Majesty equally to extend his protecting hands and care to his natural-born (ancient) fubjects.

That the conftitutional principle of colonization, in every modern empire, is the extenfion to fuch colony of the national larus for fecuring the perfonal rights of the natural-born fubjects.

That fuch would be the only wife and politi cal means to populate this extensive colony, to

increase

increarfe its commerce, to improve its utility and fubordination to Great Britain, and in that, and by thofe laws, to render the people wealthy, numerous and happy.

That the legal and judicial construction given in this Province upon the Quebec Act was, that it fully introduced the general edicts and ordinances of France, and the cuftom of Paris, as ufed and exercised during the French government as the only rule in his Majesty's Courts for deciding civil rights between all his Majefty's fubjects, old and new.

That the judgments of the faid courts were not made upon fuch rule of prevailing law, either in uniformity admitting or rejecting the edicts or ordinances, or the articles of the custom of Paris; and did at times admit either, and at times reject both, and adopt the English ftatute and common law, as the law to adminifter fubftantial justice:

That this uncertainty in the judicial proceedings and judgments of law, and in the exercise of a judicial authority not founded in the law of the province that legally ought to prevail, and thereby legislating, will ftand proved upon enquiry into the feveral cafes ftated at the Bar of the Council, and others, which your petitioners are ready to adduce:

That there was not that effential uniformity in the judgments, and regularity in the proceed

ings

ings of the faid courts abfolutely requifite to fe cure the rights of the subject:

That thofe evils were manifeft, and ruinous to the King's fubjects; that they refulted from the causes which the propofed bill would not only continue, but infinitely increase:

That from want of certainty in the rules of right, and of known laws fuited to the interest of the nation and its commerce in this province, infinite distress had fallen on the King's fubjects, and had occafioned great disturbance in their minds;

That the laws proper to be established were thofe of England, in perfonal and civil rights; especially between all his Majefty's ancient fubjects in any commercial case.

Extract from Papers laid before Legislative Council, by the Council for the Commerce. 30th April 1787.

AND further, on the part of the petitioners, by a variety of proofs to fhew and fupport the charge of an unfit adminiftration of justice in his Majefty's courts in this province, to wit, the Courts of Common Pleas, holding cognizance of caufes above and under ten pounds fterling; and, by fully exhibiting the judicial proceedings of the

faid Courts, to fhew the want of order, rule, regularity, certainty, and the great delays and procraftination therein, and to make appear the infecurity of civil rights, and the diftrefs of his Majefty's fubjects under the prefent laws, and the powers exercifed in the adminiftration of juftice by his Majesty's faid courts.

APPENDIX. No. XIV.

Being Extracts from the Evidence given before the Commiffioner for the Investigation into the paft Adminiftration of Justice in the Province of Quebec.

Extract from the Evidence of William Grant, Efq. Member of the Legislative Council, and one of the Judges in the Court of Appeals.

Anfwer XI. Yes; I have read pleas, declarations, anfwers, and reasons of appeal, where both French and English law were cited as applicable.

Anfwer XIII. The Canadian judges, from their reajoning, I believe, generally give their judgments on French laws, and what appears equitable to them. There