The Connecticut courant and Hartford weekly intelligencer — Hartford, Conn., 1774-09-06 00:00:00, page 2

May it therefore please your Mod Excellent Ma
jedy, That it may be Enafted ; And be it Enacted
by the King’s mod Excellent Majedy, by and with
the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parlia
■ ment aftembled, and by the Authority of the fame
That ail the Territories, Islands, and Countries in
North-America, belonging to the Crown of Great-
Britain, ^bounded on the South by a Line from the
Bay of Chaleurs, along the High Lands which di
vide the Rivers that empty themselves into the River
St. Lawrence from those which fall into the Sea, to a
* n forty-five Degrees of Northern Latitude, on
theEadernßankof theßiverConnefticut, keeping the
fame Latitude direftly Wed, through the Lake
Champlain,until, m the fame Latitude,it meets the
River cunt Lawrence ; from thence up the Eadern
Bank of the said River to the Lake Ontario; thence
> *£ ■■■
absurd, contrary to the dilates of right reason, re
vclation, and the ancient good laws our of country,
as a little more consideration might very clearly con
vince the most careless and inattentive. What more
falfe,vile and impious than to affirm in open court,
under the fblemnity of an oath, that they £nd the
prifoncr guilty when they are clearly convinced that
he is innocent ? And has dene nothing worthy either
of death, or of bonds, or doubt of his guilt.- When
juries, according to an elegant writer are bound to fee
their own eyes,& not through the optics of the
bench, nor are their confluences to becontrouled by
the court, and this holds equally true with refpeft
to every individual juror, namely, that he must fee
himieli, and be fully convinced in his own mind,
“ quod dubitas necfeceris” “ never do, what you
doubt,” is a maxim of right reason as well as law,
and, perfectly confident with revelation, “ he that
doubteth is damned,” fays the divinely inspired St.
Paul, if he only eats, much more, if he condemns the
innocent. “ Itis themoft tranfeendent priviledge
which any fubjeft can enjoy, or wish for, (fays the
elegant judge Blachftone} that he cannot be affefted
either in his property, his liberty, or his person, but
by the unanimous consent of twelve of his neigbours and
equals,”* mark well “ the unanimous consent,” not
the ^confent of tne majority, or any number short
of the whole twelve of his neighbours, indeed no
thing cqn be,more evident from the law, and long
praftice upon the law, than that every individual
juror mud be convinced, that the prisoner has com
mitted a crime ; that is has committed, or omitted
fpmething contrary, to the eternal law of right rea
fen ; that is the will of the supreme legislator of
heaven and earth, of which this great law of right
reason is a plain declaration ; before he can confident
with the nature, and design of the institution of ju
ries, and his solemn oath, pronounce him guilty.
“ fl hen juries thus aft according to their confidences,
and bravely refill, the illegal attempts of arbitrary
power, they not only save the lives and properties of
their fellow fubjeds, transmit their names and vir
tues to profterity, in the shining records of eternal
fame, as tne grand jurors of a sider colony have
done. Ihe conscience of ajury is the supreme law,
the law of right reason ! Over which no rhetoric from
the bar ; no direftion from the bench, should ever
have the iozh. sway or infuence. The hearts of honejl
men are the temples of truth : which no intered, can
corrupt, no power of persuasion, can change ; they
will dand like a rock firm and immoveably, againd
all the waves of corruption, or winds of arbitrary
power.”
ALGERNOON SIDNEY.
Connecticut, Aug. z^th,
* Bia. com, vol. HI. fd. 378. to 381.
ihe following is an authentic Copy
Of the ACT of PARLIAMENT,
For making more effectual Provifionfor the Government
of the Province of QU E B E C, in NORTH
AMERICA.
WHEREAS His Majedy, by His Royal Pro
clamation, bearing Date the Seventh Day
of Oftober, in the Third Year of his Reign, tho’t
fit to declare the Provisions which had been made in
refpeft to certain Countries, Territories, andldands
in America, ceded to his Majedy by the definitive
Treaty of Peace, concluded at Paris on the Tenth
Day of February, One thousand Seven hundred
and Sixty-three :
■ .And Whereas, by the Arrangements made by the
laid Royal Proclamation, a very large extent of
Country within which there were several Colonies
and Settlements of the Su bjefts of France, who
claimed to remain therein under the Faith of the
laid Treaty, was left, without any Provision being
made for the Adminidration of Civil Government
taeiein, and certain Parts of the Territory of Ca
nada, where sedentary Fisheries had been eftablifh
ad and carried on by the Subjefts of France, Inhabi
tants of the said Province of Canada, under Grants
and Concenions from the Government thereof, were
annexed to the Government of Newfoundland, and
thereby fubjefted to Regulations inconfident with
the Nature of such Fiffieries :
through the Latte Ontario, and the River commonly
called Niagara ; and thence along by the Eadern
and South-eastern Bank of Lake Erie, following the
said Bank, until the fameffiall beinterfefted by the
Northern Boundary, granted by the Charter of the
Province of Perin fylvania, in case the fame shall be
fointerfefted ; and from thence along the said Nor
thern and Wedern Boundaries of the said Province
until the said Wedern Boundary drike the Ohio •
But in case the said Bank of the said Lake Diall not
be found to be so interfered, then following the
said Bank until it shall arrive at that Point of the
said Bank which shall be neared to the North-wed
ern Angle of the said Province of Pennsylvania, and
thence, by a right Line, to the said North-wedern
Angle of the laid Province'; and thence along the
Wedern Boundary of the said Province, until it
finke the River Ohio; and along the Bank of the
laid River, Wedward, to the Banks of the Miffifippi -
and Northward to the Southern Boundary of the
Territory granted to the Merchants Adventurers of
England, trading to Hndfon’s Bay; and also all
such Penitories, Islands, and Countries, which have
fiace the Tenth of February, One thousand seven
hundred and Sixty-three, been made Part of the
Government of Newfoundland, be, and they are
hereby, during His Majesty’s Pleasure, annexed to,
anu made Part and Parcel of, the Province of Que
bec, as created and established by the said I&al
Proclamation of the Seventh of Oftober, One thou
sand feyen hundred and Sixty-three.
1 rovided always, I hat nothing herein contained
relative to the Boundary of the Province of Quebec
shall in any-wife affeft the Boundaries of any" other
Colony. 7
. Provided always, and be it enafted, That nothin"-
m this Aft contained shall extend, or be conflrued
to extend, to make void, or to vary or alter any
Right, i itle, or Possession, derived under any Grant
Conveyance, or otherwise howsoever, of or to any
Lands within the said Province, or the Provinces
thereto adjoining ; but that the fame shall remain
and be in force, and have Effeft, as if this Aft had
never been made.
And whereas the Provisions made by the said Pro
clamation in refpeft to the Civil Government of
the said Province of Quebec, and the Powers and
Authorities given to the Governor and other Civil
Officers of the said Province, by the Grantsand
Commissions issued in Consequence thereof, have
been found, upon Experience, to be inapplicable to
the State and Circumstances of the said Province
the Inhabitants whereof amounting, at theConqueft’
to above Sixty-five thousand Persons, profeffing the
Rehgion of the Church of Rome, and enjoying an
established form of Conftifution, and Syflem of
Laws, by which their Persons and Property had been
protested governed, and ordered, for a long Series
of Years, from the First Eftabliffiment of the said
Province of Canada ; Be it therefore further Enaft
ed by the Authority afbrefaid. That the said Procla
mation, so far as the fame relates to the said Pro
vince of Quebec, and the Commission under the
Authority whereof the Government of the said Pro
vince is at present administered, and all and every
the Ordinance and Ordinances made by the Gover
nor and Council of Quebec for the Time being re-
Jative to the Civil Government and Administration
of Justice in the said Province, and all Commissions
to Judges and other Officers thereof, be, and the
fame are hereby revoked, anulled, and made void
from and after the First Day of May, One thousand
Seven hundred and Seventy-five.
And for the more perfect Security and Eaf? of
the Minds of the inhabitants of the said Province It
15 Declared, That His Majesty’s Subjefts
profemng the Religion of the Church of Rome, of
and in the said Province of Quebec, may have, hold
and enjoy the free Exercise of the Religion of the
Church cf Rome fubjeft to the King’s Supremacy
declared and established by an Aft made in the
First Year of the Reign of Queen Elizabeth, over
till the Dominions and Countries which then did
or thereafter ihouid belong to the Imperial Crown
of this Realm ; and that the Clergy of the said
Church may hold, receive, and enjoy their accus
tomed Dues and Rights, with refpeft to such Persons
only as shall, profefs the said Religion.
Provided Nevertheless, That it shall be lawful
for his MajeftyHis Heirs or Succeffiors, to make
Rich Provision out of the rest of the said accustomed
Dues, and Rights, for the Encouragement of the
Pioteftantßeligion, and for the Maintenance and
Support of a Protestant Clergy within the said Pro
vince as he or they shall, from Time toTime, think
necessary and expedient,
Provided always, and be it enafted, That no Per
son, profeffing the Religion of the Church of Rome
and rending in the said Province, shall be obliged to
u re< l ulred fy the said Statute paffedin
the First Year of the Reign of Queen Elizabeth, or
any other Oaths substituted by any other Aft in the
I' eOl ; but that every such Person who, by
the said Statute is required, to take and fubferibe
the following Oath before the Governor, or such 0-
ther Pehfon in fitch Codrt of Record as His Majesty
Hull appoint, who are hereby authorifed to admi
nister the fame ; videlicet.
I A. B. do fine erely promise and swear, That 1 will be
faithful, and bear true Allegiance to His Majesty
King George, and him will defend to the utmoftofmy
Power, against all traiterbus Conspiracies, and Attempts
whatsoever, which shall be made against His Per Jon,
Crown, and'Dignity J and I will do my ut mo ft Endea
vour to difilofe and make known to His Majesty, His
Heirs and Succeffiors, all Ereafons, and traiterous Conspi
racies, and Attempts, which I shall knovs to be against
Him, or any of ta cm ; and all this I do swear without,
any Equivocation, mental Evasion, or secret Reservation,
and 1 enouncing all Par dons and Dispensations from any
Power or Person whomsoever to the Contrary.
So help me G O D.
And every such Person who shall ncg’eft or refufe
to take the said Oath before mentioned, shall incur
and be liable to the fame Penalties, Forfeitures,
Disabilities and incapacities, as he should have in
curred and been liable to for neglefting or refufiri'i
to take the Oath required by the said Statute pafied
in the First Year of the Reign of Queen Elizabeth.
And be it further enafted by the authority a
forefaid, I hat all his Majesty’s Canadian Subjefts,
within the Province of Quebec, the religious Or
ders and Communities only exceped, may also hold
and enjoy their Property and Pofteffions, together
with all Customs and Usages relative thereto and
all other their Civil Rights, in as large, ample and
beneficial Manner,as if the said Proclamation,Com
miffions,Ordinances,and otherAfts and Instruments,
had not been made, and as may consist with their
Allegiance to His Majesty, and Subjeftion to the
Crown and Parliament of Great-Britain ; and that
in all Matters of Controversy relative to Property
and Civil Rights, Resort shall be had to the Laws
of Canada as the Rule for the Decision of the fame :
and all Causes that shall hereafter be instituted in
any of the Courts of Justice, to be appointed within
and for the said Province by His Majesty, HisHeiis
and Succeffiors shall, with refpeft to such Property
and Rights, be determined agreeably to the
Lid Laws and Customs of Canada, until they
shall be varied or altered by any Ordinan
ces that shall, from Time to Time, be paffied in
the laid Province by the Governor, Lieutenant
povernor, or Commander in Chief for the Time be
ing, by and with the Advice and Confe«nt of the
. Legislative Council of the fame, to be appointed in
Manner herein-after mentioned.
Provided always, That nothing in this Aft con
tained shall extend, or be construed to extend, to
any Lands that have been granted by His Majesty,
or shall hereafter be granted by His Majesty, His
Heirs and Succeffiors, to be holden in free and com
mon Soccage.
Providedalfo, That it shall and may be lawful to
and for every Person, that is Owner of any Lands,
Goods, or Credits in the said Province, and that has
a Right to alienate the said Lands, Goods,orCredits,
in his or her Life-time, by Deed of Sale, Gift, or
otherwise, to devise or beq^ath the fame, at his or
her Death, by his or her last Will and Testament;
any Law, Usage, or Custom heretofore, or now pre
vailing in the Province, to the contrary hereof in
any-wife notwithstanding : such Will being executed
either accoi ding to the Laws of Canada, of accord
ing to the Forms prescribed by theLaws of England. '
And whereas the Certainty and Lenity of the Cri
minal Law of England,zr\A the Benefite and Advan
tages resulting from the Use of it, have been sensibly
felt by the Inhabitants, from an Experience of more
than Nine Years,during which it has been uniform
ly administered ; Be it therefore further Enacted by
the Authority aforefaid, That the fame shall con
tinue to be administered, and shall be observed as
Law, in the Province of Quebec, as well in the De
scription and Quality of the Offence, as in the Me
thod of Prosecution and Trial, and the Punishments
and Forfeitures thereby inflifted, to the Exclusion
of every other Rule of Criminal Law, or Mode of
Proceeding thereon, which did or might prevail in
the said Province before the Year of our Lord One
thpufandSeven hundred &Sixty-four ; any Thing in
this Aft to the contrary thereof in any Refpeft not
withstanding ; fubjeft nevertheless to such Altera
tions and Amendments,as theGovernor,Lieutenant-
Governor, or Commander in Chief for the Tjme
being, by and with the Advice and Consent of the
Legislative Council of said Province, hereafter to be
appointed, shall, from Time to Time, cause to be
made therein, in Manner herein-after direfted.
And whereas it may be neceflary to ordain many
Regulations, for the future Welfare and good Go
vernment of the Province of Quebec, theOccafions of
which cannot now be forefeen, nor without much
Delay and Inconvenience be provided for, without
intruding that Authority for a certain Time, and
under proper Reftriftions, to Persons resident there':
A.nd whereas it is at present inexpedient to call an
Assembly ; Be it therefore Enabled by the Authority
afprefaid, That it shall and may be lawful for