been in our hands three and twenty years, and it was extraordinary indeed if we were yet ignorant what fort of a fyftem of government were beft adapted to the people of that province. Sir Guy Carleton had been a long time refident as a Governor of Canada, and, furely he knew fo well now what was the general fentiment and opinion of the people of the province as to the form of government most congenial to their minds, that it could not be neceffary for him, by a new refidence in Canada, to acquire grounds to form an opinion upon refpecting the fubject. Mr. Fox, alluding to the pe titions which Mr. Pitt had faid he had in his hand against the introduction of British laws in the province of Quebec, obferved, that he fhould be glad to know what fort of language thofe petitioners held, who prayed not to have the bleffings of a trial by jury, the Habeas-Corpus act, inde. pendent judges, and a free government. He declared that fo firmly was he of opinion that a free government was a bleffing, that he would give it, even if the majority of any colony were fo blind to their own intereft and eafe, as to refuse to accept it, convinced that a time would foon come when he fhould receive their moft grateful thanks for forcing upon them a fource of happiness and fafety, both as to their perfons and their property, that they had not the fenfe to perceive was fo defirable, when it was offered to them. Mr. Pye fignified his approbation of the alterations pro- Mr. Pye. pofed; but as he understood Government meant to bring forward a well-digefted and permanent fyftem, he thought it better to proceed with flow deliberation in adjusting a point of fuch infinite importance. Sir Jofeph Mawbey declaring his abhorrence of any bill Sir Jofeph founded on principles fo inimical to political and perfonal li- Mawbey. berty as the Quebec bill, added, that an honourable Baronet (Sir Grey Cooper) had declared moft ftrangely that Lord North was a zealous friend to the extenfion of the British laws, and to communicating the bleffings of a free Government. In what part of the actions of the noble Lord, while minifter, was a trace of any fuch character to be found? If one half fo much had been faid to the Colonies, or (as they were now called) the United States of America, before we went to war with them, as had been faid by the honourable gentleman who made the motion, they would, he verily believed, have remained to this day affectionately inclined and clofely connected with the British empire. Mr. Courtenay faid, he was convinced of the propriety, Mr. Cours expediency, and neceffity of introducing the bill propofed nay. by the honourable gentleman (Mr. Powys) for the reasons adduced by the Chancellor of the Exchequer against it. It had been urged by him, that as Sir Guy Carleton was ap T 2 pointed pointed Governor of Canada, His Majefty's minifters expected from him fuch a state of the inclinations and wishes of the inhabitants, as might enable them to make fuch provifions for its future government, as would give universal fatisfaction. But the very appointment of Sir Guy Carleton, with extraordinary and extenfive powers, (as he was informed), called on the Houfe to come to fome fp. edy and decifive opinion on the fubject. The Canada bill, in its original form, had occafioned, from its very commencement, great difcontent and diffatisfaction. Numbers of British fubjects, relying on the faith of His Majesty's proclamation, had fettled in Canada; but by the Quebec act, after enjoying for many years the rights and franchifes of Englifhmen, they had found themselves at once deprived of thofe ineftimable privileges, and fubjected to a code of laws, founded on the principles of defpotifin and flavery, Sir Guy Carleton was the reputed author of that objectionable bill; at least it was principally by his suggestion and recommendation that it had been adopted, and under the fpecious pretext that it would be agreeable to the fentiments of the French inhabitants, and would conciliate their affections, and attach them to the English Government. Was this the fact? Directly the reverse. Before this fatal period, the Canadian peafantry had imbibed the spirit of liberty, and felt the beneficial and extenfive influence of Britifh law and Britifh freedoin-Canada, instead of importing its own bread, as it had done during the French Government, counted its export of wheat by the hundred thoufand bufhels-thefe effects were juftly attributed to the freedom and protection of the English law, The foreigners, the nobleffe, were not, perhaps, fo well fatisfied; importance and refpect were diminifhed; the peafants were emancipated, and no longer fubmitted to that ftate of fubordination which conftitutes the very effence of French Government. However, the Quebec act was paffed; and Great Britain foon felt the confequence. When General Montgomery invaded the province, the peasants, irritated by the oppreffive edicts iffued by the Governor, fubje&ing them to the painful duties required from them under their former ftate of feudal vaffalage, gave every degree of affiftance to the enemy, whom they looked upon as their deliverers; numbers of them joined General Montgomery, and it was the general difpofition to receive him with cordiality and affection. The Canadians were ftill forced to furnish their carriages, their teams, and their labour, without any pay, in forwarding the expedition of the King's army, and confequently au univerfal difaffection took place, and the province was only faved by the uncommon fpirit and exertion of the inhabitants of Quebec. Was it not, therefore, reasonable reasonable to fuppofe, that the Canadians would be juftly apprehenfive that His Majefty's Ministers had no ferious intention of liftening to their petition, or redreffing their complaints, when they faw the fame Governor appointed, from whofe fuggeftions, however well intentioned, they supposed their prefent grievances to have originated. Mr. Courtenay obferved, that it had been well and ably urged by an honourable gentleman (Sir Grey Cooper) in vindication of a noble Lord (Lord North) that His Majefty's inftructions tranfmitted to the Governor to be by him communicated to the legiflative council, were judiciously calculated to mitigate in practice whatever might be deemed harfh and fevere, according to the ftrict letter and conftruction of the Quebec act. But how had the Governor acted on this occafion? His Majefty's intentions were never communicated; and when the Chief Juftice, Mr. Livius, made a motion in Council to this purpose, he was displaced from his office by the arbitrary mandate of the Governor. In order to obtain redrefs, the Chief Juftice returned to England, and laid a complaint against Sir Guy Carleton, before the Lords of Trade and Plantations; their decifion was, "That there "did not appear good and fufficient ground for difplacing "Mr. Livius, efpecially when they confidered, what has "been before obferved, that no complaint or imputation "whatever had been imputed against him in his judicial "capacity." This reprefentation was referred by His Majefty to the Lords of the Committee of Council for Plantation affairs, and was confirmed and approved of by them in the strongest terms, with an implied cenfure of the Gover nor's conduct. Mr. Courtenay alledged, that he meant to infinuate nothing invidioufly against Sir Guy Carleton; or to charge him with having difplaced the Chief Juftice, for his fpirited and laudable exertion in Council; but as his difmiffion followed fo immediately, and as no other reason was ever affigned for it, people who did not judge fo candidly as he did, might, with fome plaufibility, impute fuch an extraordinary exertion of authority to fome fuch motivesWas it not therefore proper, expedient, and neceffary for the British House of Commons to fend out a bill with the present delegated Governor to fix the boundaries of his authority, to afcertain with precision and accuracy, the rights and privileges meant to be extended to the provinces of Canada, and to quiet the fears and apprehenfions of the inhabitants, who might be juftly irritated, by having no answer returned to their loyal and dutiful petition, which had lain two years on the table, before it had been taken into confideration? Mr. Courtenay faid, that he perfectly agreed with the gentlemen who had pronounced an eulogium on Sir Guy Carleton's Mr. A'd. Carleton's integrity, and the rectitude of his intentions; but for his part, he neither meant to be the panegyrift nor cenfurer of the Governor of Canada; he only stated incontrovertible facts. He knew it was too much the fashion to afcribe every quality, civil or military, to any fortunate man who was promoted to a great office by the royal difpenfation; the King's commiffion, inftantaneously and miraculously beftowed virtues and talents on perfons who had hitherto concealed them fo ftudioufly and modeftly, that their most intimate friends never once fufpected they poffelled them; in the fame way that the royal patent bestowed virtues and efficacy on any quack medicine, though, if we were folely to judge from the ingredients which compofed it, we should scarcely know it with the name of a specific. Mr. Courtenay concluded, by urging the propriety of agreeing to Mr. Powys' motion, and pointing out the prejudicial confequences which might poffibly refult from any farther delay. Mr. Alderman Watson having obferved that no perfon felt ftronger and more friendly prepoffeffions than himself in favour of the province and inhabitants of Quebec, and that he confidered it as an indifpenfable duty to offer his tribute of applause and thanks to the honourable gentleman, who, in the true fpirit of freedom, juftice, and humanity, had made this motion, added, that, in his opinion, every alteration propofed would prove extremely fatisfactory to those on whom they were to operate; yet it seemed incumbent on him to declare, that the Quebec act had faved the province of Canada. The measure was wife; neceffary at the time, and had produced the wifhed-for effect. The honourable gentleman who spoke laft had faid, that he would not pass a panegyric on Sir Guy Carleton. He did not expect panegyric from him; he never heard that honourable gentleman praise any man but the late Master General of the Ordnance. In fpite, however, of that honourable gentleman's farcasm, he would be bold to fay, that Sir Guy Carleton yielded to no man in ability, wifdom, integrity, or candour. He had proved his poffeffion of thofe qualities in an eminent degree in every fituation in which he had acted. Befides the petition from Quebec, that had lain for two years on the table, and had been read, another petition of a fimilar tendency had fince been fent over to the agents of the province; but as foon as they heard that Sir Guy Carleton was appointed to go out Governor, they thought it beft to let the petition remain in their hands unpresented to that House, confident that Sir Guy Carleton was a man on whom they could depend, and that he would truly and faithfully reprefent the opinions, fentiments, and wishes of the people under his govern ment ment. New dependencies were now under the government of Sir Guy Carleton, whose fentiments, as to the particular fyftem of Government, he could not be apprized of from his former refidence in America as Governor of Canada alone. On Mr. Brook Watson's afferting that Mr. Chief Justice Livius was not difplaced, Mr. Courtenay read the following extract from the Chief Juftice's representation of his cafe: "The Lords of the Committee, in obedience to your "Majesty's faid order of reference, this day took the said "representation into confideration, and do agree humbly "to report to your Majefty, that they concur in opinion "with the Lords Commiffioners for Trade and Plantations, "that there was not good and fufficient caufe for difplacing "the faid Peter Livius, Efq. from the office of Chief Juf"tice of the province of Quebec, and that he should be re"ftored to his faid office; and the Lords of the Cominittee "having thought proper to direct the faid Lords Commif"fioners to prepare the draughts of two additional inftruc"tions for the Governor of Quebec, the one enjoining and " requiring Your Majefty's Governor of the faid province, "forthwith to comply with Your Majefty's royal will and "pleasure, fignified in the 7th article of Your Majefty's ge"neral inftructions, by communicating to the Council of "the faid province, fuch and fo many of Your Majesty's "inftructions, wherein their advice and confent are made "requifite, with fuch others, from time to time, as he shall judge for Your Majesty's fervice to be imparted; the other, "explaining the fecond article of Your Majesty's faid gene"ral inftructions, conformable to what is propofed, by the "faid representation of the Lords Commiffioners for trade "and Plantations, and confirming to the faid Council at "large, the trufts, powers, and privileges intended to be "repofed and vefted in them by Your Majefty's faid general "inftructions, which draughts the faid Lords Commiffioners "having accordingly prepared, the Lords of the Committee "take leave to lay the faid draughts of additional inftruc"tions before Your Majefty for your royal approbation." This Report His Majefty was pleafed to approve and confirm in manner following: At the Court at St. James's, the 29th March, 1779. The King's Moft Excellent Majefty, Lord Prefident, Duke of Northumberland, Earl of Carlife, Lord George Germaine, Viscount Weymouth, Mr. |