cafes fubmitted for their opinions; and though they could have faid what law fhould govern a particular cafe, they could not advise what law the court might think proper to adopt in giving its decifion.Each of thefe gentlemen has cited in his evidence a number of cafes in fupport of these affertions, and contrafted them to shew the inconfiftency of the judgments *. These gentlemen are among the first characters at the bar in that province; it is their business and their duty to examine with great care and attention the cafes put into their hands; and from great study, long practice, and much experience, we must suppose they understand how the law ought to have been applied to the causes they have conducted. Their evidence is conclufive, and fully afcertains the confufufion that exists in the laws, and the great

* See Appendix, No. XV.

uncertainty

uncertainty and anarchy that prevail in

the courts.

In addition to the evidence of these judges and advocates, the whole mercantile body of the cities of Quebec and Montreal came forward and gave their teftimony before the commiffioner to the fame purpose. They spoke feelingly; as mercantile tranfactions, from their nature and variety, are fubject to much litigation, experience had unfortunately taught them, by the ruin of their fortunes, and. perplexity of their affairs, by the uncertainty introduced into their tranfactions, and by the uneafiness of mind which they endured from the dread of litigation, the fatal confequences of arbitrary proceedings in courts of law. Many of the merchants, on that occafion, cited cafes in which they had been interested, in fupport of the evidence they then gave. They have all declared, that they could get no clear legal advice on their affairs,

and that they had heard all the lawyers complain of the uncertainty of the laws

and of the courts.

Some of them had fuf

fered fo much from thefe caufes that they declare they are now afraid of being obany manner, either as plaintiffs or defendants *.

liged to go into court, in

We have attempted, by this short sketch, to give the fubftance of the evidence laid before the chief justice on that investigation. From the number of perfons examined, the variety of objects which these examinations comprehend, and the great number of cafes cited in the evidence to fhew the wrong application of the law, or the contrariety of judgments in fimilar cafes, the minutes of the enquiry would fill several volumes. On that account, we have been obliged to confine ourselves to the few extracts in the Appendix. His Majesty's

* Appendix, No. XVI.

minifters

t

minifters have long been in poffeffion of the whole proceedings and evidence, and we prefume they are now convinced, that the laws, as established by the Quebec Act for that province, are neither well underftood, nor properly administered. A judgment of the Court of Appeals of the 21st of February 1788, (three months after the investigation was closed,) is a further confirmation of the uncertainty of the laws in that country; as it ftates and proves, that (not a fingle law, but) a whole code of the French law, called the Code Marchand, has been fometimes admitted, and fometimes denied to be law, by all the courts in the province; and the Court of Appeals has in that judgment declared, that it never was a part of, or belonging to, the law of that country*.

Notwithstanding this folemn decifion of

the Superior Court, we are affured that

* See Appendix, No. XVII.

E 3

the

the Courts of Common Pleas ftill persist in judging mercantile cafes by the Code Marchand. This encourages litigation, and occafions numerous appeals; as the party that lofes in the Common Pleas, is fure to gain in the Superior Court * So great is the uncertainty of law and juftice in that province, that his Majesty's fubjects instead of being relieved or protected by the courts, have been harassed and vexed by troublesome and unneceffary fuits; and, what is of infinite confequence to fociety, good faith in transactions and the moral principles of the people, as the natural confequence of an uncertain administration of law, are greatly weakened †.

* Of thirty caufes, carried by appeal before the council, from the Common Pleas, during the last twelvemonths, we have been affured that twenty-five of the judgments have been reverfed.

"That laws, in a certain degree, can change the "manners of a people, is not to be doubted; because their manners alter with the increafe and circulation of property, on which laws have a visible influence." Dr. Marriot's Report to the King in 1773. Page 4.

The