Mr. Marriott. I suppose the gentleman who puts the question means the rêtrait lignager. It is the right which a Lord of a fief or a manor, and the first original possessor of a grant from the Crown, has to receive some indemnifications from those persons who are called the arrier tenants, who hold under him. There is such a title as rêtrait lignager.

Mr. Baker. If the French civil laws were revived, or suffered to remain in Canada, would it not be a discouragement to the old British subjects to go and trade there, and make purchases of lands?

Mr. Marriott. If old British subjects were to go thither, the French civil law remaining in force, or being revived, they would go thither at their option, and of their own free will, as they now go to Jersey or Guernsey, where the French laws prevail. Or for another instance, if you please; if any person on speculation thought of going to buy an estate in Scotland, if he found that he did not like the Scotch law and inhabitants, he might do a better thing, keep his money in his pocket and stay at home; a thing much wanted in this country.

Mr. Dempster. On what terms do you think, in the state of things in Canada, an English merchant going to settle there, would hold any lands which he should purchase?

Mr. Marriott. On the same terms as the Canadians held them who convey the lands: or if the new settler takes them by grant from the Crown, he will then take them on the same terms as any other grantee would do; that is to say, on such terms as the granter shall please. All is voluntary on the part of the purchaser or grantee—he may take the lands, or he may leave them.

Mr. Dempster. Has he given no opinion upon the subject of Canada?

Mr. Marriott. I have.

Mr. Dempster. In what capacity, and to whom?

Mr. Marriott. As his Majesty's Advocate General, to his Majesty, in Council, I drew up a plan of a code of laws.

Mr. Dempster. Will the gentleman be pleased to give the House some account of the plan?

Mr. Marriott. I had the honor of his Majesty's commands in Council, together with my brethren in office, the Attorney and Solicitor General, to consider a great number of papers referred, and to call for such persons as could give me information upon the subject; and to prepare a plan of civil and criminal law for that Province: it was referred separately to each of us three, as being the law officers of the Crown. I drew up my plan accordingly.

Mr. Dempster. What was the plan?

Mr. Marriott. I drew my plan in the following method: after stating the principles of legislation, and representing what appeared to me to have been the late condition, and now, to be, and likely to be hereafter, the state of the Colony, I formed my plan under four heads: the Courts of Judicature; the Common Law of the Province; the Revenue; the Religion.

Mr. Dempster. To whom did he deliver that plan?

Mr. Marriott. To his Majesty in Council.

Mr. Dempster. As doubtless it was very extensive in point of knowledge and information, the House would be glad to know the contents?

Mr. Marriott. I stand here as his Majesty's servant: my colleagues next to me in office, who have given their opinions as well as myself to his Majesty, are within the bar. When an advocate or counsellor gives his opinion, it is the property of his client. His Majesty is in possession of my opinion. If this House does me the high honor of being desirous to know my sentiments, such as they are, (and they are very free ones) the House will then address his Majesty to lay my opinion before the House. If the House will not agree to that address, my sentiments must remain deposited with his Majesty, in his great wisdom, where they now most happily rest.

Mr. Dempster. When somebody moved to have all the papers laid before the House, the motion was overruled, on the ground that we might have complete information at the bar. I fear we shall not have it where we wish it, and were bidden to expect it. What is the sum and conclusion of that opinion?

Mr. Marriott. In a question so extensive, and which involved every possible consideration of policy, and very little of law, I drew up my opinion with all that modesty and diffidence which became me. The danger of positive-ness in speculative opinions is too obvious to every man of a right mind. The more I viewed the subject on every side, the more difficulties occurred to me. I weighed all facts and reasonings in a true balance, without bias to any man or any party, but found it hard, after the whole result of my inquiries, to fix decisively what the system of law ought to be for a People so remote from home, of whose manners and wants we know so little. My method of proceeding was, I collected all facts as represented to me, and as far as. other persons, who well knew the Colony by having been in it, were agreed in their reports made to the King's Government. I then brought all the facts and probable reasonings together in one general point of view, for the assistance of my two colleagues in office, that they might form an easier decision on their part. I drew indeed my own conclusions, but they were not positive, but open to better reasonings. I therefore, through the whole, adopted the style and manner of that which Cicero calls the deliberativum genus dicendi; I submitted every thing to his Majesty's wisdom in Council, aided by opinions and arguments of much higher authority than any which I could offer.

Mr. Dempster. Can the gentleman recollect any parts of the opinion which he gave?

Mr. Marriott. I answered before, that doubtless if this House will address his Majesty, they will have the whole of it before you: I have no objection, I am sure, for my part; but my memory will not serve me to repeat so extensive a work.

Mr. Dempster. Does it agree in substance, or part, with the Bill now depending before this House?

Mr. Marriott. I know nothing of such a Bill officially. A printed paper, with a title of a Bill relative to the Government of Quebec, was put into my hands only two days ago, by a friend accidentally. Not having the honor to be a member of this House, I cannot, according to the rules of it, take notice of any thing proposed within its walls. If the House were pleased to refer the Bill to me, I should desire to take it home, to read it with great care and deliberation. And if I were within the bar, as I am now without, I would give my opinion upon the Bill in my place as freely, and with as much courage, as any man upon this ground.

Mr. Dempster. The gentleman owns that he has had much information: I wish he would tell us what?

Mr. Marriott. The same as the House has already heard just now, and from some of the same persons.

Mr. Cavendish. If we cannot have the whole of his opinion, will he give us some of the very learned quotations in his book.

Mr. Marriott. So many compliments would naturally draw a positive answer from any person capable of feeling the flattery and giving an answer; but I do not know what the honorable gentleman thinks of me. It is not a little memory or a little time will serve to repeat all the quotations of civil and common law, and all the French and latin extracts which I have used. I have used a great many in dressing out my own thoughts. Quotations are commonly among authors but the mere ornaments, the fringe and trappings of a book. They only shew that the man who uses them, has read a great deal; but they do not prove how much he has thought, and whether well or ill; and they shew he has thought like other people who have thought and wrote before him. If I could possibly recollect and repeat this amass of the opinions and informations of other men, I must be very tedious, and appear very pedantic to the House. I question much whether a walking library would be tolerable in these walls. I cannot remember quotations.

Mr. W. Burke. Will the gentleman tell us how long he was composing his plan? (It must require great labour and study) and how many pages it contained?

Mr. Marriott. About three hundred closely written.

Mr. W. Burke. What was the time it took to compose it.

Mr. Marriott. I cannot exactly tell.

Mr. W. Burke. Was it several months?

Mr. Marriott. Ten or twelve months, at different intervals, to compose it. But if I am to speak to all the