4%. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 m ^^ ■■■ ■tt liiii 122 ^ i;g 110 MMI* 1.4 1^ 6" HiotograiJiic SdSices OffpOTatfan 23 WIST MAIN STUIT WIBSTIR,N.Y. 145M (716)t72-4S03 "^f^"" '^ CIHM/ICMH Microfiche Series. CIHIVi/ICMH Collection de microfiches. Canadian Institute for Historical Microraproductions / Institut Canadian da microraproductions historiquas ■Hi Technical and Bibliographic Notaa/Notas tachniquaa at bibiiographiquaa Tha Inttituta lias attamptad to obtain tha baat original copy availabia for filming, ^aaturaa of thia copy which may ba Mbliographically unlqua. which may altar any of the Imagaa in tha raproductipn. or which may aignificantly changa tha usual mathod of filming, ara chackad balow. □ Colourad covars/ Couvartura da coulaur I I Covars damagad/ D D D n Couvartura andommagAa Covars rastorad and/or laminatad/ Couvartura raataurAa at/ou paliiculAa r~l Covar titia missing/ La titra da couvartura manqua □ Colourad maps/ Cartas giographiquas an coulaur Colourad inic (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) □ Colourad platas and/or illustrations/ Planchas at/ou illustrations an coulaur □ Bound with othar matarial/ f^fliliA avac d'autras documants D Tight binding may causa shadows or distortiun along intarior margin/ La n llura sarrAa paut causar da I'ombra ou da la distortion la long da la marga intiriaura Blank laavas addad during raatoration may appaar within tha taxt. Whanavar poaaibia, thasa hava baan omittad from filming/ II sa paut qua cartainaa pagaa blanchaa ajoutias lors d'una rastauration apparaiaaant dans la taxta, maia. lorsqua cala Malt possibia, cas pagas n'ont pas 6t4 fiimAas. Additional commanta:/ Commantairas supplAmantairas: Tl tc L'Institut a microfilm^ la malilaur axampiaira qu'il lui a 4t* poaaibia da sa procurar. Las details da eat axamplaira qui aont paut-*tra uniquas du point da vua Mbliographiqua. qui pauvant modif iar una imaga roproduita. ou qui pauvant axigar una modification dans la m4thoda normala da filmaga sont indiquAs ci-dassous. r~n Colourad pagas/ D Pagaa da coulaur Pagas damagad/ Pagas andommagAas Pagas rastorad and/oi Pagas raataurias at/ou palliculAas Pagas discolourad. stainad or foxat Pagas dAcoiortes, tachattes ou piqutas Pagas datachad/ Pagas dAtachtes Showthrough> Transparanca Quality of prir QualitA InAgala da I'impraasion Includas suppiamantary matarii Comprand du matAriai suppMmantaira Only adition availabia/ Saula Mition disponibia r~| Pagas damagad/ r~~| Pagas rastorad and/or laminatad/ r~P| Pagas discolourad. stainad or foxad/ r~n Pagas datachad/ rrj Showthrough/ rn Quality of print varias/ r~~| Includas suppiamantary matarial/ I — I Only adition availabia/ Pagas wholly or partially obscurad by arrata slips, tissuas, ate, hava baan rafilmad to ansura tha b^t poaaibia imaga/ Laa pagaa totalamant ou partiallamant obscurciaa par un fauillat d'arrata. una palure. ate, ont 4tA filmAaa i nouvaau da fa^on h obtanir la maliiaura imaga possibia. Tl P< o\ fll O b( til si oi fii si OI Tl si Tl w M dl m b< rii ri m Thia itam is filmad at tha reduction ratio chackad balow/ Ca document est film* au taux da rMuctton indlquA ei-deaaous. 10X 14X 1BX 22X MX 30X • y 3 12X 16X aox MX 28X 32X ■'S^^ TIm copy fllm«d hmrm hM bctn r«produc«d thanks to tho oonorotity of: Library of tha Public Archlvaa of Canada L'axamplaira fllmA f ut raproduit arica i la 04n*rosltA da: La blbliothiqua da* Archivat publiquat du Canad'j Tha Imagaa *fip—t\ng haia ara tha baat quality posalbia contldarinfl tha condition and laglbiilty of tha original oopy and in Icaaping wfth tha filming contract spacif icationa. Original coplaa in printad papar covara ara filmad baginning with tiM front covar and anding on tha iaat paga with a printad or iiiuatratod impraa- sion, or tha Itaelc covar wrhan approprlata. All othar original coplaa ara filmad baginning on tha first paga with a printad or liiuatratad impraa- sion, and anding on tlia last paga with a printad or liiuatratad Impraaaion. Tha Iaat raeordad frama on aach microflcha shaH contain tfia symbol — •» (moaning "CON- TINUED"), or tho symbol ▼ (moaning "END"). whichavar applias. Im imagas suhrantas ont At* raproduitas avac la piua grand aoln, compta tanu da la condition at da la nattatA da l'axamplaira fiimA, at an conformity avac las conditions du contrst da filmaga. Laa axamplairas orlginaux dont la couvartura an papiar ast ImprimAa sont fiimis an commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'Imprassion ou d'illustration. soit par la sscond plat, sslon la cas. Tous las autras axamplairas orlginaux aont filmte an commanqant par ia pramlAra paga qui comporta una amprainta d'Imprassion ou d'illustration at an tarminant par la damlAra paga qui comporta una talla amprainta. Un das symboias suhrants apparaftra sur ia darnlAra Imaga da chaqua microfiche, sslon la caa: la symbola -^ signifia "A SUIVRE". la symbols ▼ aignlfia "FIN". Maps, platas. charts, ate, may ba filmad at diffarant raduction ratioa. Thoaa too larga to ba antiraly Includad in ona axpoaura ara filmad baginning in tlia uppar laft hand eomar. iaft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrams illustrata tha matluNi: l.as cartas, planchas. tablaaux. ate. pauvant Atra f ilmte i daa taux da rMuction diffArants. Lorsqua la document aat trop grand pour Atra raproduit an un aaul clichA. il ast film* A partir da I'angia aupArlaur gaucha. da gauclia A droita, at da hiaut an Imw, an pranant ia nombra d'imagaa nAcaaaalra. I.as diagrammas suivants iliuatrant la mAthoda. 1 2 3 1 2 3 4 5 6 LETTER T O Sir WILLIAM MfiREDITH, Bart. IN '' ■«► ANSWER TO HIS LATE LETTER TO THE EARL OF CHATHAM. «* How execrable then is the barbarous impiety pf thofe men, who have torn their country to pieces, b^tdl forts ofwllMity, find who not only have been, but are, at this inftantt con- ijpiring its ruin, and deftjfuAion ! Cicero. LONDON: Pripted for G. Kearsly, at No. 46, in Flcet-Strwl. M.DCC.LXXIV. •'"•^'^mmiw ' iui|!Pipi|p|g»|||n, I . . A I '1 Jr Jit H T; ' K.-f. '. '. \..Jl. A ■; C: T ^.:,.. f ; ri':i(iHM)Hu, M/u:.t;!V# •>; « ' -" „ • t -^ ii '■■, •»- f / h ,J: . :y::,.;.|s;j:,-;- »^i II T il fci»XwMi.fc^^ "-" - rii r " r S 1 ft» YO U begin your letter by admitting with the reft of the world that his majcfty's arms, di- fedted by the genius* and animated by the vigour of lord Chatham's councils, added Canada to the Britifh empire. You then obfcrve, that it too often happens that national wifdom Jieeps ivhilft tbt fpirit of conqttejl is awake. The Macedonians, the Romans, in their latter days, the French in theirs, the Auftrians, the Rufllans and PrufTians all ftrengthen and confirm your obfervation, their conquefts only carrying flavery abroad, and efta- blifhing it at home. But as your own pofition implies that national wifdom is not always afleep, while the fpirit of conqueft is awake, you muft B allow mmmiilfimmmmmf mnrnpaw •Wf^ffm^ allow me in oppofition, to look/ upon the xn of lord Chailiani's adniinillr.itioi? as a glorious il- luftration ot it ; the conquclta then made having a tendency to eiicrcale and perpetuate the trade of this country, and in confequence encreafc and perpetuate its liberties •, tor as tVcfh marts open to us, we muft have tVclh hands to I'uppiy them, till at lall we fliould fee manufafluring towns rifing out of the moft. defert parts of our country, thus the nation incrcafing in trade would increafe in property, and people ; many of whom becoming freeholders and freemen, would increafe that grand creative foundation of the liate, which gives exift- encc to all other orders, from the petty conftable to the king's majefty •, the increafe of freeholders and freemen, naturally caufing an increafe of rc- prcfentatives, the foundation would be widened i the great pillars multiplied and ftrengthened by their numbers, the weight of the fuperJlruSfure would be as a feather ; the fall of which, or fub- ^ ftitution of another, would hardly be perceived : . wliercas its weight at prefenc is hardly to be borne. -T. That thofe affertions are not chimerical, the hifto-* ry of this country, from Henry the 7th to the prc- fent moment, will evince. And as to any external injury, what power Ihort of omnipotence could effed it ? as Great Britain and Ireland united and afiimilated by an equitable and fair union, under " ■■ :: ' the fWHf^ ^wr ( 7 ) thccircumftancesi have mentioned, could fupport feventeen millions of free-born fubjefts, difdaining every controul but that of hws made by them- felves. If to this we add an Union with our co- • lonies, which, though it could not be formed as clofe as that with Ireland, yet it may be accom- plifhed in fuch manner as to continue for fome generations, and then, leave fuch a remembrance of reciprocal affcdion and good offices, as could hardly be erafed, till in the great abyfs of time the remembrance and the remembrancers fhall fliare the common and natural fate of being no more. You infinuate that had lord Chatham rtflciSVed ' on the neceflity of a civil eftablifliment, Canada, a country differing from ours in religion, laws, habits and culloms, he would not have given it the preference to Martinique, Guardeloup, and the other rich ifiands rertorcd to the French and Spaniards in the Weft- Indies. But had you le- fledted that the fame difficulty muft have occrrecl to his lordffiip in rhe fettlement of thcfe, as in the . fettlement of Canada ; their religion, their laws, and culloms being equally diffimilar to ours •, you would not have expofcd yourfelf by an obfcrva- tion for which a fchool-bcy Ihould have been hooted at. Jamaica was formerly a Spanilh ifland under the fame predicament with Canada j Jamaica B 2 ^ ..h: s ■ ■ 1 ( 8 ) V is now an Englifh idand, inhabited by Englifhmen, and governed by Englilh laws, wich a free Englilh legiQature. • » I rtiuft take the liberty to fet yon right in ano- ther particular, which is, that we had not con- quered the Havanna, or even been at war with Spain, wiien the French 'minifter was treating with lord Chatham •, confcquently his lordihip could have had no choice with refpeA to it. But this is ' one of the many of your little infinuations, in or* der to vilify the reputation of that great man. However, as thofe who know the human heart, confider the malevolent part of the creation as ob- geAs of pity, as well as detellation, I who am apt tocommiferate diftrefs, though the devil fhould be the fufFering objeft, would advife you, and the reft of the hng^s friends^ no longer to look upon the earl of Chatham as an object of hatred; be- caufe you cannot injure him j for, who will believe that his wifdom and virtue are not perfect, who. raifed this country from the moft abjedl ftate of defpondency, to the highefl: pinnacle of glory : who found her trampled upon by an infolentfoe, and in her turn, made her trample upon that foe \ who found her fleets and armies beaten and flying before the enemy, made thofe fleets and armies rout and deftroy that enemy ; who found her iflands^rn from her very bofom, and that very boibm ii \ ( 9 ) bofom fcemingly devoted to deftrudlion j-her credit almoft annihilated; yet, fuch was the Goidlike power of that man*s virtue, that almoft indantaneoufly out of this ruin of an once formidable empire, he raifed and created a fabric at once the dread and wonder of the world. Whether lord Chatham did, or did not propofe to the crown a civil government for Canada, I who have not the honour of knowing, or being known by his lordfhip, will' not take upon me to fay *, but this 1 can fafely prefumc to aHcrt, that it is not to be believed without manifeft abfurdity, that the virtue which efFefted fuih mighty works could cither from ^^ inaccuracy of bead, inattention of mind, or incorre5inefs of judgment y^ have omitted an objcft of this magnitude; we muft, therefore, trace this feeming negledb to its proper and diabolical fource; the secret influence which liftens to no councils but fuch as are bloody, cruel, and Tub* verfivc of the rights of this free country and its free colonies. You wilfully impofe on the public when you fay, lord Chatham returned a fecond time to power. His lordfhip returned, indeed, into the miniftry, but not into power; for, finding that nothing could be done for his country, every thing being governed and diredled by a fecret and pernicious influence, he refigned j and, as a peer of the realm C 10 ) realm, in his place, reprobated a bill which I will prove to be what his lordfhip defcribcd it, "atro- •* cious, (hallow, and inept j" that popery is efl"abliflicd, the proteftant churches (;lcvoted, and the veil of x.\k icmplc rent asunder, that the king's minifters might as well begin to pull down all the protedant flceples, and that they have at length thrown ofT the mafque, and opened their plan of defpotifni. You fay, this plan of defpclifm is the fubjli- tution of an a£l of parliament^ in lieu of a govern- ment by proclamation. You have here fa id the thing you did not mean •, your irony, like **Shake- *• fpeare's vaulting ambition, o'erleaping itfclf, ** falls on t'other fide." But as 1 am not ignorant that any thing lefs evident than indifputable fadls will make a profelyte of a genius of your fpecies, I will take a claufe of the bill, which, in the up- per houfe, was modeftly attempted to be fupport- cd, in immediate oppofuion to the greateft (tatel^. man and orator this world ever produced. The fourth enading claufe, after kindly and humanely leaving the poor Canadians in the pof, fcffion of all the rights they had in a ftate of flavcry, fays, " that in all matters of controverfy, relative *' to property and civil rights, rcforc (hall be had •' to the law of Canada, as the rule to decide by ; " and that all caufes which Ihall hereafter be inf U " tuted t( (( t( 4i t( «l 4i ( ■! ) ** tutcd in any courts of jufticc, to be appointed by his majcfty, his heirs, &c. (hull, with rcfpcft to fuch property and rights, be determined agreeably to the faid laws and cuftoms, until they fliall be varied or altered by any ordinances that fliall, from time to time, be pafled by the governor, lieiucnant-govjrnor, or commander in chief for the time being, by and witli the ad- •* vice and confent of the legiflative council to be " appointed in manner hereafter mentioned." Now if I can fliew this legiflative council to be the mere creature and trumpet of the crown, flcnder as my abilities are, I think I fliall have made fome pro- grels toward eftablilhing the propriety of the firfl: epithet bellowed on this adl, by lord Chatham,— •* that it is ATROCIOUS." ■' The adt empowers his majcfty, his heirs and fuc- ceflTors, by warrant under his or their fignet or fign manual, and with the advice of the privy- council, to conflitute a council for the afl^airs of Quebec, toconfiftof fuch perfons, rcfident there, not exceeding twenty-three, or lefs than fcventeen, " as his majefty, his heirs, and fucceflbrs, fliall be •* pleafed to appoint •," and upon the death, remo- val, or ablence of any of the members of the ilid council, in like manner, to conftitute and appoint fuch and fo many other perfon or perfons as fliall be ncccflary to fupply the vacancy or vacancies •, ■ • ^■:i; :' ■ ■ '" ■ ■ ' . - ■' ^' which 'V'myrm-^^iwmm mm >!.-. which council, fo appointed and nominated, of the major part thereof, Hiall have power and au^ thority to make ordinances for the perce, welfare* and good government of the faid province, with the conlent of the governor, or, in his abfence, the lieutenant-governor, or commander in chief, for the time being. . Two things are here worthy of obfervation, which are, that the king is to ereA this legifla- tive council, with the advice of his privy- council } but the nomination of the members (under a vague limitation of numbers and defcrip- tion of refidencc; are left entirely to himfelf. As alfo, in cafe of death, removal, or abfence, in like manner, ex mere motUy (hall conditute and ap* point fuch and fo many other perfon or perfons in their room. But for fear nine creatures of the crowft, being the majority of fevcnteen members, Ihould be too numerous for the moft powerful prince in the world to pradlice upon, the houfe of commons, with a ready venality, willing to omit no opportunity of fmoothening the way to their adopted objefts, Popery,, (as far as it will fervc the purpofes of this pious reign,) Slavery and Arbitrary rule, inferted a claufe, which reduces the majority to five ', for it fays, that no ordinance (hall be pafTed, at any meeting of the council, " where ♦' lefs than a majority of the. whole council is pre- fcnt." •c npww^^""* villus If! Ill u ■ ■« WJWIRf I II in , " ( »3 ) ** Tent." Now if the whole council fliould be fcventeen, the majority will be nine*, and as thid majority of nine is declared fufficient to conftitute & council for making ordinances^ a majority then of this majority will be competent to all legiflativc • purpofes i and as five will be a majority, confe- quently five may be t!ie ordaining number. This • is a legiflature with a vengeance ; and yet, with all thofe badges of Slavery about it, it will appear free as the winds of heaven, when compared with its finifhed ftatej the devil himfclf not being able to devife more infernal claufes and provifions than are cnafted, to render what is called a Icgifla- tive council the executive engine of whatever dia- bolical fchemes the worji of princes may conceive. , What thofe claufes and provifions are, the reli- gious part of the bill will inform us. It com- mences like Nero*s reign, mod liberally and fpe- ciouHy i afierting, " that for the more perf-^d fc- ** curity and eal'e of the minds of the inhabitants '* of the faid province, it is hereby declared, that " his majefty's fubjeds, profeffing the religion of »* thechurch of Rome, may have, hold, and en- '* joy the free exercife of the reliji^ion of the church " of Rome, fubjtft to the King's Supremacy, " made in the firft of queen Elizabeth, over all ** the dominions and countries which then did, or «' thereafter fliould belong to the Imperial crown C " of jDp.^fimj " ' Jii^i imiiri!!)!'. . ' llfVCW !." ivr"-' -frr.'-ii.' .u,K,ip(!,J(l>»JI UIIRUIJi!|U>.il Ei f li I 'I i ■r r;:: -:-■■'' ■■ ( .4 ) • ■ ■ ''''■' •". ** of this realm , and that the clergy of the faic! ** church may hold, receive, and enjoy their ac- " cuftomed dues and rights, with rclpei^ to fuch " perfons only as fliall profcfs the faid religion." Now I muft ad^ you, v^hat is the religion that is ellabliflied by this bill ? for it is not tiie Protefl:- antj becaufe all I'^e ceremonies of the Romifli church are retained, with all her do<5lrines, except that which fpecitically conllitutes her fuch, the Pope's Supremacy. It is not the Romilh, becaufe the king is declared its Supreme Head. It is not the Quakers, the mild precepts of their religion would ill fuit the bloody purpofes of this bill. It is not the Gentoo, the Mahometan, or the Bonzes. It is not the religion of Moles, or furely of the Merciful Jefus ; for I have fearched all the law, and all the prophets -, the four Evangelifts, the *Afts of the Apoftles, &c. &c. and nq where find it. If then it is not the child either of the Old, or the New Teftament, it is not the child of God ; And if not of God, there being but another power, that has any concern in this world, it mufl be of bim i from whom nothing more like himfelf could proceed. TheEnglifh protejiant b\(hops, by difcharging as well the offices of mid wives, niirfcsand guardians, as in their fpiritual capacities, giving their Holy Bene- didion to this Imp, have afforded an illuftrious ex- ample I M'l.^ii mm^ffmrwtftmii ^vMPPiPiPiPnn • '.»' it ( 'S ) ample of gratitude to the progreffivc Apoftolical Chain. But here I would ads/ife thofe right and mod reverend fathers in God to ftop-, becaufe, fliould that once be conceived, which is (hrcwdly fufpeded, that the union between them, and this Little Gentleman's Father, is too clofe : a fearch may be made after their apodolical tule-deeds, . which being not be found, their Holy Lordfhips may be left fur ie pavee. However, in juftice to ^ our right reverend fathers, I am apt to believe, that had they once thought of the duties which, in the prefence of the Almighty they vowed ta perform ; or the curfes denounced againft thofe who ftray from the commandments of God ; they never, by their votes, or omitting to VQte againft, would have given their fandicn to this bill, it be- ing abominable in the face of the Lord, and im- mediately under his heavy v/rath. Firft, as it ob- liges the people to pay priefts to preach up idola- try and image- worflup, contrary to the third and fourth commandment ; as alfo the denunciations in Deuteronomy, which fay, " Curfed is the man ** that maketh arry carved or molten image, an " abomination unto the Lord, the work of the " hands of the Crafifman, and putteth it in a *' fecret place,'* 27. 15. Secondly, in efFed, it unhinges and I'ubverts all right of private property, , thereby falling under the 17. 27. Deut. "Curfed Ca "if i ! ( 16 ^ " is he thatrcmoveth his neighbour's iand-maik." Thirdly, it pays priefts to teach falfe doiSlrines, whereas the word of God fays, "Corfcd is he that *' pcrverteth the judgement of the ftranger, the ** fath -clefs, and the widows. 19." Now I will return to (hew thofe claufcs and pro- vifions, which are operative in rivetting a fyftem of (lavery fo bloody in its afpeft, as none but the mod pious and Iteft of princes could have conceiv- ed. Old Suetonius fays of Nero, elaius in/iatufque tantis velut fttccejftbus^ negavit quemquam principum fcijje quidftbi iiceret. But with what greater pro- priety this faying would come from the mouth of George III. the further inveftigation of this bill v/ill evince. That famous claufe which unites the triple, to the imperial crown of England, by fubjefting the Romilh church to the king's fupremacy, has a mod magical effcdl; by inftantaneoufly convert- ing our proteftarit king into a Canadian pope i and the Romifh religion into what — I have often heard it faid, that an aft of parliament could do any thing i I had my doubts, but now they are no njoie. I have already mentioned that the fupremacy of the pope, now in^ or near Rome^ is fo eflential a dogma in the Romifh church, that it is the very Jim ^ua ncn of the whole religion j therefore if you wmm^ff^ inpfi^ipifiipipnp>nipiiit-- enormity ? atrocious^ though the moll applicable of pur language is inadequate from its comparative mildnefs \ and to fearch foreign languages would be vain^ words being but figns, mud be Tub- fequent to the things figniBed *, and, as neither the ante or pofi dekivian world, till the prefent moment, have produced fo mif-(hapen a devil, they confequently cannot afford a fign^ Away then with your imperium legis, and no longer infult free- born Engliihmen with fo foul an abortion. YoM iik lord Chatham, whether it is neccflary for you to explain to his lordihip which- is a ftate of liberty, and which of tyranny ; and immedi- ately follows an acknowledgement that he is con- verfant with the hiilory and fate of nations ; and knows that all thofe unhappy people, who have loft their liberties, have feen thofe liberties end precifely, where the government of will began. Now, as you knew the extent of his lordfliip's knowledge, don't you think the queftion you put idle, if not ridiculous. I will agree with you that Canada has been in a nK)re miferable ftate fince, than before the con- queftj and alio that delpotifm, that great mother . of an evils, was the caule of it : but who was the father of this defpotifm— the tops of the muki- . form proclamations will inform ? however, if the proclamation of October, 1763, promifcd to form ago- ^f^^m^imm mmmmmm ( r9 ) a government, as near as might be^ agreeable to the laws of £ngland, who would not prefer ir, ful- filled and perpetuated, to fuch an imper-'im legis as the poor Canadians have gotten ? the Brfl: would enfure perpetual freedom, the lad, as far forth a& it can, perpetual flavery. My lord Chatham's pre- ference then was furely that which a lover of man- kind mult ever (hew. You fay, that the parliament of Heriry the eighth gave the king's proclamations the po^ei* of laws i has your favourite parliament done lefs^ or more? the latter I will make appear. For that of Henry the eighth, by giving the proclamations the power of law, did by implication declare that no fuch power exifted before. Whereas the? par- liament af George the third, by regularly reciting a' proclamation, and annulling a part of it, be- caufe, (as it fays) the provifions made by it were fbund upon experience to be inapplicable to the ftate and circumftances of the faid province, &c. Be it therefore further enaSied that the faid proclamation, fo far as t^ht fame relates to the province of ^tebecy the cotfmij/iotffit &c. &d. h annulled and niide void from and after thefirft day of May^ 1775. Now, with what greater refpeft could it treat one of its own aftsF which it found neceflary iri part to re- peal, than by reciting it, approving fome part by repealing and annulling it in other parts, *'^becaufe upon (( ( 20 ) ^^ upoH experiences^* they were found inapplicable ? not Itopping here, it goes on to enadt provifions which would be applicable. What is this but grafting an aft of parliament upon a royal pro- clamation? a monftcr as hideous in civil, as the union of the triple and the imperial crowns are in, religious polity. Another claufe of your favoui .e imperium legis continues even the provifions it thinks inapplicable of the imperium bominis for one year longer •, if all this is not giving to, and de-» daring the power of law in the king's proclamati«t ons, I know ' not what words would affeift it ; and yet with all thofe glaring fadts before you, you have found out ^Uhat the king's minijlers have let *' go the very power which lord Chatham faid they '* grafped at\^ then alluding to the infult offered^ the king as he was going to pafs this bill, you fay, . " the time was mojl unfeafonable^ when his majefty *' was going to give his ajfent, i^c. to relinquijh that " very power^ which ccnjuejl had put into his *' hands." This is fo very novel a doftrine, that I believe it is not to be traced beyond your curious pamphlet i pray where did you find that the con* quefts and acquirements of England were not the property of England, but of England's creature ? if you employ an agent to carry on a fuit, all the, materials for which you fupply him with, and he fliould be fucccfsful, would you not think him a - fool ' "mm wmmmm ' ( *• ) . fool or a knave, who (hould endeavour to con- vince you, that the fruits of your agent's fuccefs was not your*s, but his property ? did not Jamaica, Minorca, or Gibraltar, once occur to you ? or did you dream that Canada was purchaled out of the favings of the civil lift, which are exhaufted in the purchafe of you, and the relt of tht king's friends ? or, that it was bought out of the miferable refl of Hanoverian revenues ? In the loth page, you feem to triumph in an appeal to lord Chatham's knowledge, and the knowledge of every man, whether a trial, by jury, is nectfiary, wherever our merchants export their manufactories •, and proceed to fay, in all our great foreign markets, there are no juries; in America there are juries \ but if you will afk the merchant, whether he expeds a fure payment from Hamburgh, &c. or from Bofton, J do not believe he will anjwerfor the Bofionians* Your zeal againft juries, I fear, has hurried you into an appeal which will rather refleft upon your knowledge. Afk the Lilbon merchants what injuftice, opprefTion, and rapine they daily experience from magiftrates, re- venue officers, and trades- people? afk the tradtrs to Spain what they have fuffered wiih refped to the coin \ in (hort, afk the whole body of merchants what they feel upon the apprehenfions of a war ? •ill which would b^, in a great meafure, prevent- s, , . D cd |.iiMllip|JI«pip^P«PP cd if there were juries, as muft appear by looldng; at home, where the perfon and properties of fo- reigners, under the guard of an Englifh jury, are fo facred, that they never fend confuls to our gi eat trading towns ; whereas we conftantly do to theirs, as a prote^ion for our merchants and their pro- perties : and even this appointment is not as ef- feftive as we could wifh j why was a judge con- fervator to be appointed by treaty to guard the perfons and properties of Engliflimen ? with refpeft to the queftion you fo infultingly put, relative to Bofton and Hamburgh, it is fo peurile, as hardly to merit an anfwer -, however i: fhall not be pafTed unnoticed. The people of Bofton look upon themfclves as devoted to flavery, through the arbitrary, uncon- ilitutional meafures which have been adopted by the king*s minifters, and the legiflature ; and this opinion they are not Angular in ; every colony up- on the vail continent of America, as well as the greateft part of England, holding the fame; as alfo, that it is to be extended northward, andV fouthward, from Hudfons, to the Mexicon bay.' If then the people of Bofton Ihould conceive, that by detaining the property of our merchants for a time, and caufe fpecified, it would ftimulate thole merchants to afTift them in averting this ttA^cty -, how ihould this light upon or effect juries ? if, in- ' - "*, deed. ( *3 ) dced» they were in a quiet, fettled (late, as Ham* burgh is in, (but I believe will not long continue) and that the merchants of England could not re- cover their debts, your obje^ion againd juries would then have fume weight i but even then, it would only lie againfl thofe of Bo(ton ', and no more determine againd their general utility, than a particular man, being a murderer, determines that mankind in general are murderers. You fay, the praifcs of juries are written in your heart, and yet are moving heaven and earth to dif- credit them. But this is the candour of our pious courr. Your 1 1 th, 1 2th, 1 3th, and 1 4th pages are taken up in relating what an Engliih jury isj and iliewing, how impoflible it is to have one fo qua-, liBed in Canada, from the want of numbers. But this obje^ion you feem to fear may be obviated, il^re being above an hundred tboufand Canadians qualified to ferve\ why not then (ake your juries " from tbetn ?" 1 know of no reafon why you Ihould not i though 1 could alTign many why you Ihould. But you are of another way of thinking; why ? becaufe, as you fay, addreflfmg yourfelf to lord Chatham, ^''your lordjhip will hardly truji the *' property of your countrymen to a jury of Canadians " only.** Without noticing the exceeding weak- ness and abfurdity of this mode of writing, for reafoning it is not, I would a(k you, how you D 2 came (C i( ( »4 ) came to presume, that lord Chatham would nut cntruft the property of his countryman to a jury, legally conftituted of Canadians, in preference to an arbitrary judge of a quadruple-hraded monger ? is it becaufe his lordOiip pronounced the biM atrO' cious, Jhallowy and inept ? or, becaufe he faid, it broke the national faith, by not granting the pro- mifed fecurities of alTemblies and juries ? or, for XV hat other (ijch rational caufe you formed that pre* fumptioR ? thus having, contrary to the fadl, fup* poled my lord Chatham averfc to a jury of Ca- nadians ^ you pafs that wife mode by ^ and pro- pofe two others too ridiculous for me to mention, in order to ihew the impoHlbiiity of juries in Canada. , • You fay, the '* civil law of France^ and the trial by jury ^ in England^ are fo dijfonant^ that the forms of the one, can never be blended with the proceedings of the other :" fure you cannot be fcrious, or being fo, muft be llrangely ignorant of the lub- jedk you have written upon •, eife you could never thus confound two things fo diftin^ as law, and the trial of law. That the French rules of tenures, alienations, dowers, and inheritances are different from the Englilh, we will admit, though not in that cxten- live fenfe you would have us imagine , but fup- pofc they were as oppofitc as day and night, if their Ci (( «« w^ ( »5 ) their rule or law (hould be laid down before a \i\rf of twelve men, why (hould they not be as competent to determine it as one man \ more particularly, when they are to be affifled with that man*s knowledge. Has not your reading informed you of the mighty changes our laws have undergone, more parti- cularly, undec William the id, Edward the iftt* ' and Henry the 7th ? and have not juries been com- petent Under thofe various changes ? was not the whole mafs of Engli(h ftatutes, by the loth of Henry the 7th, tranflated into Ireland, and IriHi juries found competent to try under them? and can any man in his fenfes fuppofe, that it was not, at Icall, as difficult for an Irilh jury to try and de- termine, under Englilh liws, as for a Canadian jury, to try and determine, under their own laws of tenures, alienations, dowers, inheritances, &c.' Wherefore, 1 would now a(k you, whether they are not an additional fecurity to the fubjedl againft the interpofition of the crown, as well as againft . the corruption of the j'jdgc ? for, unlefs the crown,, or governour and judges, in Canada, are more . immaculate than they have been in this country, every man*s reading ^nd experience will dilate thet abfolutc neccfTity of fuch fecurity, .^ Xn all trials, between tnglifhmen and Canadi-; * ans, let the jury be half of one, and half of the other*, ^nd in cafe they (hould not agree, but di'i vide l-mm^jfi '4 ?^h! ( t6 ) Vide equally, they may recur to a knode nearly' iin^'lar .o what was once pra^tifed in this country, With this.ekception, that I would have thofe vrho are for the defendant put off", and fix Englifh and fix Canadians added till a verdiA of twelve men was procured ; but if the divifion fhould not be equal, let the majority determine iu— I put it in favour of the plaintiff, becaufe, in civil fuits, the/ arc generally the pooreft, weakeK, and aggrieved; party. But with rcrpe<5t to fuits between Cana* di£^nk, let Canadian juries determine them } and between Englifh, Englifh juries •, though, for the more fpeedy aflimilation of the two people, T fhould think it more eligibie, in the latter cafes* to have the juries from the gcfneral return. . And as an immediate Tubftitutibn of the Englifh and foreign language, io their courts of juftice,. would caufe great confufion,; delay, and kzfsi with** out one benefit to the conquering flate, it would, be as unneceffary, as cruel to impofe it : though it' was twice done in this country • once by the Saxons, and again by the Normans. However, I think it material that they fhould idopt our lang\iage, as foon as poffible, in order to render our union the • ilrifttr, and firmer : and for this end, would have- an ad paffed, allowing them ten years further ufage of theTrench tongue; and, at the expiration- of that period, to ceafe in their courts of juitice,^ 'J^^^ and |||i;HJipil«>),iWW|Wllfl(/li (Iff and the Englilh fubftiiutcd in its place. This would be allowing them all the time they could rcafonably wifti for 5 and make the rifidg generati- on look upon themfelves as Englifhmen. A policy in part fimilar, but not fo lenient as this, was looked upon as the wifcft ftep that wife prince Edward the ift took, upon his conqueft of Wales ; and by the fame means endeavoured to bring about an union with Scotland. — But, why do I mention this here ? having dreamed that the policy of our pious court was to create difunion, and diftruft, not only be- tween England, and her dependencies; but be- tween family, and family, till every tie national, focial, s..sd human, being diffolved, we are indivi- dually left to be plundered, and butchered, by a pious, hypocritical tyrant of our own creation. Page 18, you fay, " in the courfe of all the evi- " dence that has been laid before the public, we find •• that the Canadians have exprejfed one confiant uni- form wi/h to be governed by their O'wn laws, and the Englijb, as fervently^ dejired to be governed ly the laws of England** Jf you will look into the tedimony, delivered at the bar of the houle, you will find that the Canadians wij(hed for our criminal laws, with the trial by jury in criminal matters; and, as the minifter refufed the papers and reports, upon the (late of Canada, which were called for by fcvcra^ members of the houfc*. cc «( cc C aS ) or CO examine witnefles who might have fupplicd the want of thofe papers*, ewry experienced per* fon mud fee, in this refufal, a concealment of evidence favourable to afTembiies and juries in all cafes \ and alfo in his refufing the examination of general Murray, who, from his long relidence at Quebec, and perfeft knowledge of the ftate of Canada, could have given the houfe great infor- mation i elfe why was Dr. Marriot, before whom all the papers relative to the (late of Canada were laid for his report and opinion, which were given to the crown? why, 1 fay, was not only this learned gentleman's report and opinion kept back» but he himfelf precluded from giving the houfe any information, when called to their bar ? why was he fuffered to turn the folemn examination of the commons of England int^^ contempt and ridi- cule ? would it not have been more decent to have negatived the motion for calling him to the bar, than fufier him to be called merely to Ihew the houfe that, as they were before infulted with* out, fo they fhould now be infulted within? do, you think that the fabricated, and ridiculous tefti- . mony againft juries, in civil matters, will have any other effcfl, than to (hew the praflice of. the minillry in the concealment of the truth ? or that, that vain contemptible tellimony,- given by one of the noblcfle, which went to (hew, that htf danc- m\ -^A jng l^|^|||P|P|||||pjp[|P|^^u..i iiii*iiw«itiWli. !MU||iti>i|IMIll)«il|l'iPUI ^ if they did, (hould their levity, and ignorance, meet other treatment than Js (hewed to children ? but what would you fay if the revcrfe of this is the fa£t P and that it is, the petition of the Cana- dians to the king will convince every perfon who can read : as in it they cxprefs their gratitude for his majefty's kindncfs, in granting them the pri- vilege of juries, in civil, as well as criminal mat- ters J but, at the fame time, teftify their forrow at ih^ir being given to underftand, that it will ex- clude them from all offices civil, as well as mili- tary ; wherefore, they humbly pray, that his ma- jefly will be pleafcd to permit them to participate with his ancient fubjcdb in the rights and privi- leges of Englifti citizens. This is the fubdance of that part of their petition which relates to juries and Englidi liberties. However, lead you ftioufd think that I changed the words, and thereby al- tered the fcnfe, 1 will tranfcribe, verbatim^ that R- part ( 30 ) part which relates to juries, and the rights of Eng« liih citizens. It is addrefled ; To the King's Mod Excellent Majcfty. ' * * . * , The petition of your majefty's moft dutiful and \_ loving fubjeds, the lords of fiefs, landed pro- '; prictors; citizens, merchants, and traders, in*- habitants of the diftri^fc of Quebec, in the province of Quebec, in North America. C( ' veiled out of your road, and arc fo bewildered, that it will be but kind to fet you right } for which end we muft reverfe your propoficion, and fay, that the convenience, fafcty, and protection of in- dividuals, of families, of focieties, and of ftates, for which each man has given a portion of liberty, are the firft principles of law. This is common fenfe, and what is morej it is the fadt s though a pious tyrant, a perjured, idolatrous bench of bifliops, a defpicable houfe of lords, and a profti- tuted houfe of commons, (hould, with fwords at our throats, tell us otherwife.+ As t When I ipeak of the Hoafe of Lords, or Commons, '{ would be underAood to mean the court majori^^ ot Jlavts, ( 37 ) As to Grocius, Solon, and Mofes, they are all traitors to your caufc } you were therefore im- prudent in not confidcrring their principles, before you had ranged them on your fide. " The Canadians preferring a worfe law to a " better," you fay, " (hould be decifivc upon the " conduft of Great Britain." Here again your political genius feems to fail you; for that worfe choice may be the ruin of Great Britain i and furc you cannot conceive ilr^t poor old England is obliged to fign her own de^th warrant, to humour the caprice of a wanton, (he purchafed with great cxpence of blood and trcafure. The author of the letter to lord Chatham, fpeak- ing of the Canadians, fays, " they yielded them- ^ **^ felvcs to our protcdion and our faith, how then ** can wc deprive them of the firit rights of human *' naturtf ?" George the third and his rninifters will refolve him this, - as to the afTcrtion I have many things to fay : the firft of which is, that ic is very pretty i but like many other pretty things which you and [ have ken in the neighbourhood of Drury-Lanc, very unlbundj fecondly, that the Canadians did not yield to our prote(5^ion and our faith, for they difclaimed both, and yielded to our cannon and the bravery of our troops. When I tell you I have been bred a foldicr, you will excufe this laft intrufion. F You Ci (C l( ( 33 ) . You fccm furptizcd at lord Chatham's faymg, that no true protedaiit could lupport this bill; and in anfwcr you fay, ** no true protcllant, my lord, ** can be no pcrfecutor, no true protcftant can harbour any fuch idea as that of edablifliiivg re- ligion by force : is the Spaniard in Mexico to be an example for a protdtant legiflator ?" My lord Chatham, I dare prcfume, and every true proteftant would anfwer noj charity being the foundation of their holy religion. And where would be the charity, in the firft inftancc, in giving fupport to a bill which deprived the miferable in- habitants of a right, founded on a compaft be- tween them, and the people of England, to the free enjoyment of their religion •, and placed this right in the breaft of the crown, whereby the very fouls of the people are enchained ? For (hould a king govern thefe realms, who with the coUedted hypocrify of all the fcribcs, -nd all the pharifees, enveloping the heart of a Nero, (hould, I fay, the lord in his wrath think fuch a folemn monfter a fit ruler; what bloody purpofes may he not turn thole Canadians to, Ihould they unhappily conceive the retention of their worfhip the firft objedt. And that they do, no man can doubt; who knows it to be an eilabliihed dogma of their church, that there is no falvation out of her pale. Confequently the quellion will be with a Canadian, (hall I be damned by i ■• T-l^ f 'V ( 39 ) by forfakin^ and giving up the religion of my fore* fathers, which enfurcs me eternal happincfs ? or (hall I prefer ve it by obeying the will of my law- ful fovercign \ whofe motives, I, who am at fuch a didance, and not of his council, cannot divine, but ftiould prcfume to be good : clfc the legiflativc ^)ody of a free people, would never by their mod fjlemn aft, (fanilified by the acquiefcence of its €onJlituents) havt maiie that will the governing principle of this country ? I then in my turn alk • you, what true proreftant, or even wJiat true papift, or what any body, fave fhofe who did it, could fupport fuch a bill ? wherefore I may be allowed to fuppofc what I know to beimpoflible, which is, ' chat the king (hould indantly arm the Canadians, - march them down to afTifl in enilaving, or cutting the throats of our proteftant brethren along the coaft of America i that done, bring them over here for the fame righteous purpolcj fhould v/e have anyjuft caufe of complaint ? ;w, we impolcd the necefllty, the Canadians might therefore fay, wc are cviicmely forry that we are driven to the fatal alternative, either of changing that religion we prize above our lives, or executing the orders of our fovereign : we cannot do the fnft, withoiu in- curring eternal damnation ; we cannot do the laft, without either rendering you fellow Haves, or cut- ting your throats j for all which you muft blame F 2 _ your- ( 4° ) yCjururlves : having permitted your legiflaturc to break through the folemn national compaft made between you, and us, at the time of our furrendcrt by which we were ta be fccured in the free enjoy- ment of our religion, which compact you Ihould either have obferved, or put us in the (late we were in prior to the capitulation, If then you did not do the latter, juftice required you Ihould the former; which would efFedually have fecu;ed us againft the old popery laws, &c. as your latter aft with refpccl to us in Canada would h.:ve been tan- tamount to their formal repeal : whereas now, we are laid open to the 25th of Harry the eighth, the worft part of the ift of Elizabeth, and the adl of . uniformity, nrimo Elizabeth } and in confequence of the former, the ftatutes of provifions and pre- munirc; of the 25th of Edward the third, and the 1 6th of Richard the lecond. I have mentioned thofe ftatutes to (hew how im- poflible it will be few the Canadians to retain their religion, unlefs they fliuuld be the merQ»)paflive m- voluntary engines of the crown, moved by the ab- • foluce will of the fuvcreign. And if any are fa ignorant as to fuopofe that they will facrifice thtir ? religion at the (hrine of humanity, let them look into the maflfacre of Paris, the IriHi mafracre,f the ^. fire ■ ^ f Abetted by th.it//ff«/ and Holy Martyr, Charles the ift, ^s apDears by his cominifnon, under the Great Seal of Scot- .' Izndu mm^ r^ifmmmim*'^'*" '" I \: A-' ( 41 ) i fire of '',ondon, the gun-powder plot, the burn- ings at Smithfield, the execution at Thorn, the in- quifition, the impolitic as well as inhuman repeal of the edid of Nantz, the Ravaliacs, &c. &c. &c. frightful monuments of human bigotry, which nothing but necefllty could make me mention: being convinced that the good fenfe, moderation, a.id humanity of the prcfcnt Roman Catholics of Europe are abhorrent to fuch bloody facrifices. But this cannot be faid for their b.-ethre:i on the other fide of the Atlancic, their religion not being yet arrived at its vigour, whereas here it ?s in its wain i there they arf:''prccluded from all liberal in- formation, here they arc^'enlightenedwith itj there they conftrue according to the letter which our Saviour fays killeth, here they take thefpirit; in Jhort, they have no rule whereby to feparate the bloody tenets impoled by councils and popes, from the mild precepts of thf merciful Jefus. If then the Roman Catholics of Canada are as zealoufly orthodox as ihofe of the 15th and i6th centuries, .and that many of the above black deeds were done " ■ pro land, by the letter of Charles the 2d, in favour of the Mar- quis of Antrim — by the ftoppage of the fuccours that the parliament font to reduce Ireland, fix months under the walls of Chtfter, — by his entering into a treaty with the rebels, after he had engaged his faith to the parliament to the con- trar}', and bringing over many thoufands of them to fight ' ^gainft the people, . . mmm^mmmmnim ( 4« ) profaluta anima of the fufFering parties } what are we not to fuppofe they will do for the falvation of their own fouls ? and if to all this you will add the king's unlimited power in Canada, as already de- monftrated from the Quebec bill, and then fup- pofe the royal will, will nop be executed, at leaft, whilft they think themfelves unable to refift it, Virould be folly in the extreme. In the laft part of the 23d, and firft of the 24CU page, fpeaking of the itipulation made by the Canadians for the free exercil'e of their religon, you obfcrve, " that lord Chatham, when it was ** mri.le, never found fault with Sir JefFcry Am- *' herft, for agreeing to this part of it, or in his *' lo.^ihip's difplay of eloquence once blamed •' that part of ^■'^e definitive treaty, but now is ** pleafcd to call the meafure" (that is the capi- tulation) " atrocious, (hallow, and inept. 6ecaufc *' it has fecured to the ciergy their property," (which was refufed by genera! AmherlV) "and be- ** caufe it has fubftituted an oath of allegiance,*' (never mentioned in the capitulation) " inftead of " that of ^jpremacy," (which the Canadians knew nothing of,) " required by the ift of Elizabeth," (of which they were equally ignorant.) This pa- ragraph is fuch a curious envelopement of igno- rance, abi'urdity, and miiVeprei'entation, that had 1 not obferved upon particular parts as i tranfcribed it. "•"•"""^"'""'■^P'PUPP "flfpwpp^spwpp^ { 43 ) it, it would have been vain to have looked for a clue •, and therefore muft have condemned it in the lump, z% inexplicable nonfenfe ; which indeed would have made us feel for your head, but not for your iieart; whereas now we muft include both: feeing this mifchievous blundering arofe from a malevolent zeal of affixing the ideas of in- confiftency and cruelty upon the molt immaculate charadber this nation ever produced. Your vain confidence of identifying two things as oppofite as day and night, viz. the religious parts oi ^K' pitulation, and Quelsec bill, has been the fecondary caufe of your expofure; where- fore, to prevent your falling into a fimilar error, I will fet before you the article relative to the Ca- nadian clergy and religion. By general Amhcrft's agreeing to the firft part of the 27th article of capitulation, the Canadians fhould have had a ftronger fccurity for the free to- leration of their religion, becaufe founded on mu» lual compafb, thar lUc di^Tenters have in England, whofe fecutity is a ^'■■^,)pl* a6l of parliament. Be- caufe the former being ch€ joint aft of the people of Canada, and the people of England, muft in equity bind, till diffolved by mutual agreement ; whereas the latter being the aft of the legiflature, the propriety, equity, and expediency of its con- tinuance or dii<: ntinuance is in its own breaft. Herein mm mmmmmifi ( 44 ) Herein then we fee the wifdom and juftice of ttm condu<5t of lord Chatham, which has been fo illi* berally arraigned, as though he would either per- fecute the Canadians, or fuffer them to exercife their religion under a difpenfing power of the crown, page 29, 30 j whereas he was for kaving their right upon a foundation, which nothing under heaven but injuftice could have Ihakcn. The Canadians, by the lecond part of the 27 th article, demand " that the people Ih; ' be obliged •* by the Englilh government to pay to . jriefts *' the tythes and all the taxes they were ufed " to pay under the government of the moft Chri- " ftian King." To which general Amhcrft an- fwered, " this muft depend upon the king's plea- " fure," with which the Canadians were fatisfied, though they muft have looked upon this as a mild refufal. The definitive treaty docs not make the leaft mention of this part of the article, or clergy, ivhich confequently corroborates the idea of the general's anfwer being a refufal ; and further, that there was to be no legal cftablifhment for a Ro- mifh clergy ; but that the people were to be left as our diflenters are, to fupport them agreeably to their own ideas of generofity and propriety •, which was the mode pradtifed in the firft and pureft age of the church, and which, 1 hope, the good fenfe of this nation will very foon fee the neceflity of recurring ?,. 5| ( 4J ) recurring to \ and thereby eradicate that damnu le ambition in EcclefiafticS) which has To long been the curfe of this country \ as well by bringing a foul fcandal Upon our Holy Religion, as by Tap- ping the ^onftitution : our right reverend fathers and the reft of the dignified clergy, voting, and preaching indifcriminately, for every meafure, whether dilated by the cruel lust of a Henry the 8th, the Bloody Bigotry of a Popiih Queen Mary> or by the ckareji principles of jufiicey and nohleft fen- SimeMs of humanity of George the Hid. * Now we will fee what care has been taken of the proteftant religion, which you fay, page 25, is fo far from being rooted out of Canada, by this bill, as has been aflertcd, *'- that the rcverfe is the ** truth *, for no man, who is, or who may be- *' come a proteftant, is to pay tyches, or any ** church dues, to the Romilh eftablifhmcnt 1 but the money is ft ill to be coUe^ed, in order to conftitute a fund for the raifing and fupporting ** a proteftant church in Canada.*' By whom collefled ? rhe Romifti priefts of every parifh to pay in the furplus to the treafury, under the deno- mination of Maftes, not faid by his majefty's pro- teftant fubjedVs in Canada. Item, commutations for murders, adulteries, rapes, thefts, fimple for- nication, &:c. &c. Item, indulgences, pardons, &c. Item, proccflions, tapers, incenfe, wafers G to cc «c I ( 46 ) to turn into the Bch Dieu^ lambs to reprelent the Immaculate Saviour, jewels, laces, hoops and cloths, in the cieweft faihion, for the BlefTed Vir- gin ^ to which muft be added, the neceflary eX" (pences of her Lady fhip's /r(/^«r, under which ar- ticle will fall powder, pomatum, paint and patches, all of which righteous and pious articles arc to furni[h a fund for the raifing and fupporting a proteftant church in Canada. ,j Our Saviour faid, alluding to himfelf, " upon ** this rock," that is upon this mafs of virtue and piety, will I build my church, and the gates of Hell (hall not prevail again ft it. But we, as if not fearful of the gates of Hcti, but thofe of Heaven, build our church not upon a rock of vir- tue and piety, but upon idolatry, murders, adul- teries, fornication, thtfc.'!, impudent mockeries of the fupreme being, and his immaculate Ton; there- by fetting Heaven at defiance, by laying our foun ' tion in Hell. But how weak and wicked all human endeavours are, when oppofed to the Will of the ^mnipoieMti the founders and fupporters of this bill» like thofe of Babel will evince } the labours of the latter being multiplied, and their work retrograde J their language confounded, and themfelves fcattefed abroad upon the face of all the earth. They had for their monarch the mhhfy hunter J^imred j whether then our modern Nimrod had " Id to ♦ ,/ C( «( ( 47 > had more fuccefs in Wefttnin than his brother in the plains of Shinar^ the bill vf'iW inform us. ** It enad^s that the Ronnilh clergy of the church ** of Canada, may hpld, receive^ and enjoy their accuftomed dues and rights^ wkh refpedt to fuch perfons only as fhall profei's the faid religion." " Provided ncvcr-helefs that it fhall be lawful ** for his majefty, his heirs, or fucce(][prs, to make fuch provifion out of the reft of the faid accuf- tomed dues md rights for the encouragement of the prpteftant religion, and the maintenance and fupporc of a proteftant clergy wichin the faid province, as he or they (hail from time to time think neccflary and expedient.** The z^ by eftabllfhing that the Homifli clergy may hold, receive, and enjoy their siccuftotned dues and rights, with refpeA to fi^^h perfons enfy as (hall profefs their religion, does in h6t declare, that there no longer exifts any dues and rights of the Romiih clergy's, iave thofe of their own reli- gion. If not then of the Romifli clergy, there exifts none at all, confequently, ex nibih nilfit^ there can be no reft. But the idea of reft, or fuperfluous dues ^nd rights is exceedingly abfurd, and of this bill's creation, becaufe it fuppofes that the Romifti cler- gy had, fubfequent to the capitulation^ and prior to this a^, a legal title to thofe dues and rights : G a whereas it ct C( «( «c (( ( 48 ) whereas the revcrfe of t! is mu(* appear from ge- neral A mherft's anfv^t. I fnt article of the ca- pitulation which der ..ids ■, « eftablifhment for the Romilh cltigy.— His anfwcr was—** that it muft de- " ftnd upon the kin^i pkafurey And as they ac- quiefced and were fatisfied with this anfwer, it of courfe took away the former right, and the people were left to their own free choice, whether they would, or would not pay their priefts \ becaufe the king's pleafure, whether for or againil the efta- bli(hment, was in no manner to impedej orefiefb the^r4ir^0^V^j— the furrender or capitulation of Canada j which confequently having no depend- ance upon the event of the king's will, were full and compleat without its manifeftation. Hence muft appear how weak and groundlels (if not foul) was the joint report of the advo' cate^ attorney and filicitor-generatj to the privy council, in January 1768, viz. **thac the king^ could not exempt the proteftant inhabitants from paying tithes to the perfons legally*' an abufed term here, ** entitled to demand them from the ** Roman Catholics in Canada." And hence alfo muft appear, that the provifion? in this bill for the Romi(b priefts are »«//, and caii have no legal efFedt •, and that the Canadians are dill left to their own difcretion and choice, whether they will pay tithes, &c. or not, Becaufe C( tc \^ 'jgai^' ",'• i A9 ) Beciufe this part of the bill is founded on a fup- pofition, that the priefts had an immediate prior right to all taxes under the denomination of ac- eujlomed dues and rights i whereas if (as I think I have demonftrated) that this legal right did not exid, then the bill did not grant any thing Where- fore the people, whether proteftants or Romani(b, may fay to the reverend tax-gatherers, ** ,' will not pay you any thing in compliance with this aft, be- cauie what we paid you fmce the capitulation were neither dues or rights, but a benevolence, or free gift} as you had no law whereby to compel pay- ment, and confequently no right •, all right being derived from law ** You (ay, " the beft diftinftion you know between *' eftablifliment and toleration is, that the greater *' number has a right to the one, and the lefs to " the other." This is a falutary dodlrine, and I fuppofe thrown out to prepare us for a fimilar bill» in order to ^uict the minds of his majefty's pro- teftant fubjedts of Ireland. You charge lord Chatham with having ailcrted ** that the bill was intended to raife a ftrength in *' Canada, in order to intimidate other parts of '* America : and then that the bill was injurious *^ to the Canadians." The firft part of this charge you leave as you found it, thereby (hewing fomc modefty \ as I fuppofe you knew that the bloody orders mm ■ipl orders which wpre difpatched for immediately arm* ing die Fopilh Canadians, and for marching them down againft our proteftant brethren in America^ could not be long concealed. With refped to the laft, ** that the bill was injurious to the Canadians^** I prefume it to be as clearly demonftrated as any propofuion in EuM, You fay, that in France there is <* a flu^kuation *' in the adminiftration of juftice, that property is *' unfixed, parliaments banifhed, and letters de •* cachet ifllied," and yet ♦'the law is free,** why? becauie *' Tacitus afTcrts it to have been lb," feven- teen hundred years ago, and becaufe ''Philip the •* Fair demolifhed it in the i j^th century," fee page 30, 3 1. ~ You arc a moft fmgular logician, and as ^ood an hiftorian, the defpotifm of France not having taken place till the beginning of the 15th century ; the fird and moft fatal blow being giv' en l^ Lewis the Xlth, (fee Philip de Comines) who alio relates, that in order to remedy the grievances, and mifchiefs under which the kingdom laboured, the annual general council, or three eftates aflem- bled, chofe thirty- fix out of their body with regal authority, and that Lewis gave h'ls royal word that whatfoever thofe thirty-fix men (hould appoint to be done, he would ratify and confirm. — How did he obferve this promife i as the citizens and nine tenths of the kingdom tell you fbeir king ohftrve^ his ' ^ It I \ • , < s« ) his cmnaiton edib, b" proclamations^ '(?c: 'Gc. the confequence of the firft was a bloody civil war, which \zfitd thirteen years : the conTequehct of the laft muft be eith^ a total change of meafures, t revolution, or both. Nt)^/frw»/, as ir«ce> they are; •* for then this rabble rout of pretended inter- " praters of the law had not invaded the pub- ** lie : . neither was .the fcicnce of the law (Iretched '* out to fuch an unlimited extent i but truth and " equity^ and a prudent judge, endued with in- " tegrity »— — 15?HP «HP«P C 5> ) « prejudicedf** . R?B^34t line 13, fbr **fHamvh" read •*!««««.•* / • • » V ■ 2i s^^^'J } ■ » ir.'?^ 1