vain solicited, relief. And that Popish Clergy of Quebec were so far from expecting any grant of tythes, that they had not even asked for them in the course of more than ten years, which had since elapsed. That they were unexpected, unreasonable bounties, "quod nemo Divum promittere auserat." His Lordship farther observed, that by thus clothing the Popish Clergy with wealth and power, and the rites of the Romish religion, with that alluring splendour, magnificence, and pomp, which are its chief supports, an impolitick, insuperable, bar was placed against the conversion of the people of Canada, from their present attachment to the Popish religion, and their desire of returning again to the dominion of France.
Under the third and last head, his Lordship took an extensive review of the History and Constitution of England, as well as of the Royal prerogative, in respect to new dominions and conquered countries; he animadverted on the doctrine said to have been delivered by Lord Mansfield in the cause respecting the duty of four and a half per cent, levied by the Crown in Grenada, and clearly proved, that, in all accessions of territory to the Crown, the King is, constitutionally, intrusted and required to extend to his new subjects the laws of England, and the benefit of a constitution similar to that of our own country; that he can give no less than those rights and privileges which, by the Common Law, as well as by the Act of Settlement, are declared to be "the birthright of every British subject;" that, accordingly, this had been invariably done in every acquisition of territory and dominion, particularly in the case of Ireland, of the Counties Palatine (Chester and Durham) of Wales, of Berwick upon Tweed, of Calais, of Jamaica, of New-York, of St. Christopher's, of Grenada, &c.; that the same was also promised to be done in the Province of Quebec; and that, by the Proclamation of 1763, the faith of the Crown was solemnly plighted to the settlers, in that and the other new Colonies, that their respective Governours "shall summon and call General Assemblies within the said Governments, respectively, in such manner and form as is used and directed in those Colonies and Provinces in America, which are under our immediate government;" and, continues the Proclamation, "we have also given power to the said Governours, with the consent of our said Councils, and the Representatives of the people, so to be summoned as aforesaid, to make, constitute, and ordain Laws, Statutes, and Ordinances, for the publick peace, welfare, and good government of our said Colonies, and the people and inhabitants thereof, as near as may be agreeable to the laws of England, &c., and in the mean time, and until such Assemblies can be called as aforesaid, all persons inhabiting in, or resorting to, our said Colonies, may confide in our Royal protection for the enjoyment of the benefit of the laws of our Realm of England," for which purpose Courts of Justice were to be erected, &c., all which, Lord Camden observed, had been done and fulfilled in every other Province, excepting that of Quebec, to which many settlers had been allured by this Proclamation, who, by a most disgraceful violation of the Royal faith, were since, with the rest of that Province, subjected to the civil laws of France, and to the despotism of a Governour and a dependent Council, instead of being allowed an Assembly, and laws made by the Representatives of the people, as they were solemnly promised. His Lordship also represented, that the tyrannical Government thus established, is considered as the most oppressive act of injustice by all the Protestant, and even by all the Popish, inhabitants of Quebec, except the Romish Clergy and French Noblesse, who are willing to submit to a despotick Government, for the sake of tyrannizing over the peasantry of Canada. He likewise observed, that the slavery imposed by the Act in question is so repugnant to the success of commerce, and abhorrent to the feelings of native British subjects, that if it be not soon repealed, both the former and latter will abandon that Province.
His Lordship having, by these and many other facts and arguments, proved the impolicy, injustice, tyranny, and iniquity of the Act in question, declared, that it deserved to be reprobated by the unanimous voice of Parliament, and that it would, necessarily, receive the censure of their Lordships, if there remained the smallest regard for liberty and the Constitution in one part of the House, or for the Protestant religion in the other.
His Lordship concluded with offering the following Bill:
A Bill to repeal an Act made in the last session of the last Parliament, entituled "An Act for making more effectual provision for the government of the Province of QUEBEC, in NORTH AMERICA."
Whereas, an Act was passed in the last session of the last Parliament, entituled "An Act for making more effectual provision for the government of the Province of Quebec, in North America;"
And whereas, the said Act, contrary to the example of all former times, and to the faith of his Majesty's Proclamation, issued in the year 1763, has established an arbitrary Government in the said Province;
And whereas, the said Act, by permitting both the Clergy and Laity there to hold offices and benefices, without taking the Oath of Supremacy, and by granting to the Popish Clergy, in the said Province, the enjoyment of their accustomed dues and rights, has entirely stopped the growth and propagation of the Protestant religion, and in the room thereof has established the religion of the Church of Rome in the said Province forever;
And whereas, the said Act, by enlarging the boundaries of the said Province, and making the Legislature thereof co-extensive with the same, may put the Indian trade, among other things, under the sole management of that Legislature, as, in truth, appears to be already done, by the instructions lately given to Governour Carleton, by which that trade, which had before been freely carried on by all his Majesty's subjects in North America without restriction, is now to be confined to such regulations as the said Legislature may think fit to impose upon it, and thereby the rights of his Majesty's other Colonies unwarrantably abridged and invaded; and, by a like extension of the said Legislature, the said other Colonies may come to be excluded from having any intercourse or correspondence whatsoever with the Indian Nations of that vast Continent, without the leave or permission of the said Legislature, which would naturally give rise to unnatural divisions, and endless controversies between his Majesty's subjects of the old Colonies, and the inhabitants of the new Province of Quebec;
May it, therefore, please your most excellent Majesty, That it may be enacted and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of May, 1776, the above mentioned Act, and the several matters and things therein contained, shall be, and is, and are hereby repealed and made void, to all intents and purposes whatsoever.
The said Bill was read the first time.
Lord Camden then acquainted the House, that he had delayed the proposed repeal until the first day of May next, to the end that time might be obtained in the interval to provide a better plan of government for the Province of Quebec.
The Earl of Dartmouth then moved, "That the said Bill be now rejected."
The Earl of Dartmouth said, he should decline entering into a detailed view of the vast mass of matter which had been travelled over by the noble Lord, He made the same objection to the mode of obtaining the Petition, and the manner of presenting it, as Earl Gowver had done He said, that the Petition had been offered to be delivered to him so early as the 23d or 24th of January; but, besides, that his sentiments were clearly in favour of the Act, he could not, with propriety, receive any paper, in importing to be a Petition from the inhabitants of that Province, unless it came through the channel of the Governour and Council. But, said his Lordship, supposing that the Petition had been fairly obtained, what does it literally, or substantially, import? Does it desire a repeal? Does it even hint at any such thing? How, then, can the noble and learned Lord come, upon the ground of this Petition, to Parliament to desire a repeal, when the very utmost the Petitioners themselves look for is, that they may have the benefit of the Habeas Corpus law, and the Trial by Jury? The former of which, it is evident, they are entitled to, by the laws of England, and the latter they now enjoy in all criminal matters. His Lordship then read the Address
|