cap. 7.

Majefty's dominions that hereafter shall be, to have been confidered by the legislature that paffed it as an indifpenfable part of the general policy of the English government, and to have been intended to take place in every country that either then made or should thereafter make a part of the dominions of the crown of England.

The next ftatute that we have met with of this comprehensive Stat 15 Car. II. nature is the ftatute of the 15th of Charles the Second, chap. 7, intitled, "An Act for the Encouragement of Trade." In the 7th fection of this ftatute it is enacted, that after the 25th day of March 1664, no commodity of the growth or manufacture of Europe fhall be imported into any land, ifland, plantation, colony, territory, or place to his Majefty belonging, or which shall hereafter belong unto, or be in the poffeffion of, his Majefty, his heirs and fucceffors, in Afia, Africa, or America (Tangier only excepted) but what fhall be laden and hipped in England, Wales, or the town of Berwick upon Tweed, and in English-built shipping.

Stat: 7 and 8 of

Another statute of the fame kind is the ftat. 7 and 8 Will. III.

Will. III. cap. chap. 22, intitled, "An Act for preventing Frauds, and regulating

"Abuses, in the Plantation Trade;" by which it is enacted and ordained, that after the 25th day of March, in the year 1698, no. goods or merchandizes whatsoever fhall be imported into, or exported out of, any colony or plantation to his Majefty in Afia, Africa, or America belonging, or in his poffeflion, or which may hereafter belong unto, or be in the poffeffion of, his Majefty, his heirs or fucceffors, in any fhip or bottom but what is or fhall be of the built of England, or of the built of Ireland, or of the built of the faid colonies or plantations.

And the other acts of parliament relating to the trade of your Majesty's American colonies, though they have not. fuch ftrong: pofitive words in them as the three ftatutes above-mentioned, yet are generally understood to extend to this province as well as to your Majesty's more ancient American dominions; and, agreeably. to this opinion, your Majefty has caufed a claufe to be inferted in your commiffion to your governour of this province, directing him. to take the oath required to be taken by governours of the plantations to do their utmost that the feveral laws relating to trade and. plantations be duly obferved; and this oath he hath accordingly.

taken..

taken. And your Majefty's commiffioners of the customs have appointed a collector and comptroller of the customs, and other officers neceffary for the collection of them, for this part of Quebec, in order to carry all these acts of parliament into execution.

Another ftatute that we understand to be in force in this pro- Stat. 2, 12 Ann. vince, though made before the conqueft of it, and not extended cap. 18. by express words to the future dominions of the crown of Great Britain, is ftat. 2, 12th Ann. chap. 18, intitled, “An Act for preferving all fuch Ships and Goods thereof which fhall happen to "be forced on Shore, or ftranded, upon the coafts of this kingdom, 66 or any other of her Majefty's dominions." This statute, and another of the 4th of Geo. I. chap. 12, for enforcing and making the former perpetual, have been declared by your Majefty's attorney and follicitor general, in the month of June 1767, in an opinion given by them to your Majesty's lords commiffioners of trade and plantations, upon a cafe ftated to them by thofe lords, to extend to your Majefty's plantations in America: and no exception is made in their opinion of thofe of your Majefty's dominions in America which have been acquired fince the paffing of those statutes. And your Majesty's ministers have transmitted the faid cafe and opinion to your Majesty's governour of this province, upon a fuppofition, as we apprehend, that it extends to this province as well as to all the others.

These are the acts of parliament paffed before the conqueft and ceffion of Canada that we conceive to be in force in this province by their own import and operation, and without needing any further act of government to introduce them.

Some of the acts of parliament paffed by your Majesty's felf fince the conqueft and ceffion of Canada relating to this province are these that follow:

The first of these statutes is that of the 4th year of your Majesty's reign, chap. 11, which, amongst other things, enacts, that fo much cap. 11. of an act made in the 8th year of King George the Firft, intitled,. "An Act for giving further Encouragement to the Importation of "Naval Stores, and for other purposes therein mentioned," as relates to the importation of wood and timber, and of the goods

B 2

commonly

Geo. III.

Stat. 4 Geo. III. cap. 19.

Stat. 4 Geo. III. cap. 15.

commonly called Lumber, therein particularly enumerated, from any of your Majesty's British plantations or colonies in America, free from all cuftoms and impofitions whatsoever, fhall be continued, beyond the times appointed in former acts, to the 29th of September in the year 1771.

In this ftatute the words British plantations are generally underftood to relate to this province as well as to your Majefty's other colonies in America; and a copy of this ftatute has accordingly been transmitted by the commiffioners of your Majesty's customs in London to your Majesty's collector of the customs in this

port.

The next act of parliament of this kind is of the fame 4th year of your Majesty's reign, chap. 19. This ftatute exprefsly relates to this province by name, being intitled, "An Act for importing "Salt from Europe into the Province of Quebec in America "for a limited Time." It enacts," that it fhall be lawful for 66 any of his Majesty's fubjects to carry and import falt from any part of Europe into the faid province of Quebec in America " in British fhips and veffels manned and navigated according to the "act of navigation; any law, ftatute, ufage, or custom to the contrary "in any wife notwithstanding."

By these last words it feems to be fuppofed that all the former laws and ftatutes of Great Britain relating to this fubject of the importation and exportation of goods and merchandize, made before the conqueft of this province, are of force in this province as well as in the other British provinces in America.

Another act of parliament paffed by your Majefty, and expressly relating to this province, is the ftatute of the fame 4th year of your Majefty's reign, chap. 15, intitled, "An Act for granting certain "duties in the British colonies and plantations in America, and "for other purpofes." By this ftatute it is enacted, that certain rates and duties therein mentioned fhall be paid upon feveral fpecies of foreign goods therein enumerated that fhall, after the 29th day of September 1764, be imported or brought into any colony or plantation in America, which now is, or hereafter may be, under the dominion of your Majefty, your heirs and fucceffors; and these duties are accordingly levied and paid in this province.

Thefe

These are the acts of parliament, or at leaft fome of them (for poffibly there may be others which have escaped our notice) which by their own import and operation extend, as we conceive, to this province, without the help of any other inftrument or act of government to introduce them; and therefore fuch parts of the laws of England as are contained in these ftatutes are certainly in force in this province, being introduced into it by the highest authority, that of your Majefty, or your royal predeceffors, in conjunction with both houfes of parliament. The remaining parts of the laws of England have been introduced, or are generally underftood to have been introduced, by a series of public inftruments, or acts of government, founded on your Majefty's royal authority alone, without the concurrence of your parliament. These public instruments and acts of government are as follows:

pitulation grant

dians by Gen.

Article 42d.

The first of these public inftruments is the capitulation granted Articles of caby your Majesty's general, Sir Jeffrey Amherst, to the inhabitants ed to the Canaof Canada at the general furrender of the whole country to your Amberft, in Majefty's arms in the year 1760. In the 42d article of this 1760. capitulation it is defired by the French commander, on the behalf of the French and Canadian inhabitants of this province, that they shall continue to be governed according to the custom of Paris and the laws and ufages established in this country; to which it is anfwered by your Majefty's general, that they become fubjects to the King: by which it fhould feem, that these your Majesty's new fubjects in this province were put upon the fame footing as your Majefty's other fubjects in other parts of your Majesty's British dominions with refpect to the laws by which they were to be governed, and the power of legiflation that was to be exercised over them for the time to come; and that the continuance or abolition of their former laws and cuftoms was to depend entirely upon the future counfels which your Majefty, in your royal wisdom, should find it expedient to pursue.

The 27th article of this capitulation demands, that the free Article 27th. exercise of the Roman Catholic religion fhall fubfift intire, in such manner that all the people shall continue to affemble in the churches and to frequent the facraments as heretofore, without being molested in any manner, directly or indirectly; and then it goes on and demands, in the fecond place, that the people fhall be obliged by

the

Article 31ft.

46

the English government to pay the priests the tithes and all the taxes they were used to pay under the government of the French king. The general's anfwer to this article is as follows: "Granted, as "to the free exercife of their religion. The obligation of paying tithes to the priests will depend on the King's pleasure." By this answer it is evident that a bare toleration, or permiffion to exercise freely the Roman Catholic religion, without being molefted for fo doing by the execution of the penal laws of England upon that fubject, is granted to the Canadians, together with a reasonable ufe of their churches for that purpose, though not, as we conceive, to the intire exclufion of your Majefly's Proteflant fubjects from making ufe of the fame churches likewife: but a legal establishment of that religion, with a right to exact their tithes from the people as legal dues and not as voluntary contributions, is refused them, until your Majefty's pleasure fhall otherwife direct, which your Majefty has not yet judged expedient to do. By this refufal all thofe parts of the Canadian laws and ufages relating to the payment of tithes and other church dues are either abolished or fufpended.

66

"The

The 31ft article of the fame capitulation is as follows: bishop fhall, in cafe of need, eftablish new parishes, and provide "for the re-building of his cathedral and his epifcopal palace; "and, in the mean time, he fhall have the liberty to dwell in the "town or parishes, as he fhall judge proper. He fhall be at liberty "to vifit his diocese with the ordinary ceremonies, and exercise all "the jurisdiction which his predeceffor exercised under the French government, fave that an oath of fidelity, or a promife to do nothing "contrary to his Britannic Majefty's fervice, may be required of "him." To this article your Majefty's general made the following answer: "This article is comprised under the foregoing." Now the foregoing, or 30th, article is directly refufed; therefore this article must be deemed to be refufed likewife: and confequently by this refusal all those parts of the Canadian laws and customs that give a right to the bishop of Quebec to establish new parishes, and to provide for the re-building of his cathedral and his epifcopal palace, and to vifit his diocefe with the ordinary ceremonies, and to exercise the jurifdiction which had been exercifed by his predeceffors under the French government, are abolished; and your Majefty's ecclefiaftical fupremacy is vindicated and fupported in a manner agreeable to that important and univerfal ftatute of the 1ft of Queen Elizabeth above cited.

The