Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-09-05 00:00:00, page 5

Provided always, That nothing herein contained, re
lative to the boundary of the province of Quebec, shall
in any wife affect the boundaries of any other colony.
Provided always, and be it enabled, That nothing
in this a& contained shall extend, or be construed to
extend, to make void, or to vary or alter any right,
title, or pofiellion, derived under any grant, convey
ance, 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
client, as if this a& had never been maze.
And whereas the provisions, made by the said pro
clamation, in refpe&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
laid province, by the giants and commissions issued in
consequence thereof, have been found, upon experi
ence, to be inapplicable to the state and circumstances
of the said province, the inhabitants whereof amount
ed, at the conquest, to Above fixty-five thousand per
sons profeffing the religion of the Church of Rome, and
enjoying an established form of constitution and system
of laws, by which their persons and property had been
protested, governed, and ordered, for a long series of
years, from the firft eftabliihment of the said province
of Canada; be it therefore further enabled by the au
thority aforefaid, That the said proclamation, so far
as the fame relates to the said province of Quebec, and
the commifion under the authority whereof the go
vernment of the said province is at prefect administrated,
and all and every the ordinance and ordinances made
by the Governor and Council of Quebec for the time
being, relative to the civil government and administra
tion of justice in the said province, and all commissions
to Judges and other officers thereof, be, and the fame
fa AC r for making more efcSaal provifan for the
government of the province of Qnoec in North-
America.
#, # ^„ HEREAShis Majesty, by Sis Royal
proclamation, bearing date the seventh
^^ Wf, d a 7 ot O^ober, in the third year of his
reign, thought fit to declare the nrovi
, ral fions which had been made in refped to
\^ftete^f certain countries, territories and islands
in America, ceded to his Majesty by the definitive trea
ty of peace, concluded at Paris, on the tenth of Fe
bruary, one thousand seven hundred and Sixty three:
And whereas, by the arrangements made by the
laid Royal proclamation, a very large extent ofcountry,
within which there were several colonies and settle
ments of the Subjects of France, who claimed to remain
therein under the faith of the said treaty, was left,
without any provifioq being made for the administration
of civil government therein; and certain parts of the
territory of Canada, where sedentary fisheries had been
established and carried on by the subjects of France, in
habitants of the said province of Canada, under grants
and connexions from the government thereof, were
annexed to the government of Newfoundland, and
thereby fubjefted to regulations inconsistent with the
nature of such fisheries: May it therefore please your
molt excellent Majesty that it may be enabled; and be
it enacted by the King's moil excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the fame, That all
the territories, islands, and countries in North-America,
belonging to the Crown of Greatßritain, bounded on
the South by a line from the bay of Chaieuts, along the
high lands which divide theijvers that empty themselves
into the river Saint Lawrence from thole which fall
into the sea, to a point in forty-five degrees of northern
latitude, on the eastern bank of the river Connecticut,
keeping the fame latitude directly weft, through the
lake Champlain, until, in the fame latitude, it meets
the river Saint Lawrence; from thence up the eastern
bank of the said river to the lake Ontario, thence through
the lake Ontario, and the river commonly called Nia
gara; and thence along by the eastern and south east
ern bank of lake Erie, following the said bank, until
the lame shall be interfered by the northern boundary,
granted by the charter of the province of Pennsylvania,
in case the fame shall be so interfered; and from thence
along the said northern and western boundaries of the
laid province, until the laid western boundary strike
the Ohio: But in case the said bank of the said lake
shall not be found to be so intei feded, then following
the said bank until it shall arrive at that point of the
said bank which shall be nearest to the north-western
angle of the said province of Pennsylvania, and thence,
by a rightline, to the laid north-western angle of the
laid province; and thence along the western boundary
of the said province, until it strike the river Ohio; and
along the bank of the laid river, westward, to the banks
of the Miffifippi, and northward to the southern boun
dary of the territory granted to the merchants adven
turers of England, trading to Hudson's Bay; and also
all inch territories, islands, and countries, which have,
since 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
Trfajefty's pleasure, annexed to, and made part and
parcel of, the province of Quebec, as created and esta
blished by the said Royal proclamation of the seventh
of O&ober, one thousand seven hundred and fixty
three.
POSTSCRIPT to the Pennsylvania Packet, No. 150.
^ f. B. do fncereiy promise and fwcar, That I mill be
faithful and bear true allegiance to his Majesty King
George, and him mill defend to the utmost of my pooler,
againjt all traiterous cofpiracies, and attempts c&tfo
ever, which foall be made agai/f his person, crown, and
dignity ; and I will do the utmof of my endeavour to as
ciofe and make known to his Majesty, his heirs and fac
cefors, ail treafens, and tr^teroas conspiracies, which I
foal lknow to be agairfl him, or any of them ; arf ail this
lfwear without any equivocation, mental evafon, or Je
cret reservation, and renouncing all pardons and djpekft.
lions from any power or person whomsoever to the contrary.
—So help me GOD.
And every such person, who shall neglect or refufe to
take said oath before-mentioned, shall incur and be lia
ble to the fame penalties, forfeitures, disabilities, and
incapacities, as he would have incurred and been liable
to for neglecting or refufing to take the oath required
by th'e said statute passed in the firß year of the reign of
Queen Elizabeth.
Arid be it further enabled by the authority aforefaid,
That all his Majesty's Canadian fubjebts, within the
province of Quebec, the religious orders and communi
ties only excepted, may also hold and enjoy their pro
perty and possessions, together with all customs and ula
gesielative thereto, and all other their civil rights, in
as large, ample, and beneficial manner, as if the said
proclamation, commissions, ordinances, and other alts
and instruments, had not been made, and as may consist
with their allegiance to his Majesty, and fubjedion 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 law. 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 pro
vince, by his Majesty, his heirs and successors, shall,
with refpea to such property and rights, be determined
agreeably to the said laws and outturns of Canada, un
til they shall be varied or altered by any ordinances that
shall, from time to time, be passed in the said province
by the Governor, Lieutenant Governor, or Comman
der in Chief, furthe time being, by and with the advice
and consent of the legislative council of the fame, to be
appointed in manner herein after mentioned.
Provided always, That nothing in this aft contained
shall extend, or be construed to extend, to any lands
that have been granted by his Majesty, his heirs and
successors, to be holden in free and common foccage.
Provided also, that it shall and may be lawful to and
for every perlon that is owner of any lands, goods or
credits, in the said province, and that has a right to
alienate the said lands, goods, or credits, in his or her
life time, by deed of sale, gift, or otherwise, to devise
or bequeath the fame at his or her death, by his or her
last will and testament ; any law, usage, or custom here
tofore or now prevailing in the province, to the contrary
hercofin any-wife notwithstanding; such will being ex
ecuted, either according to the laws of Canada, or accord
ing to the forms prescribed by the laws of England.
And whereas the certainty and lenity of the criminal
law of England, and the benefits and advantages tefult
ing from the use of it, have been sensibly felt by the in
habitants, from an experience of more than nine years,
during which it has been uniformly adtniniflered; be it
therefore further enaded by the authority aforefaid,
That the fame shall h^ administered, and shall be ob
served as law in the province of Quebec, as well in the
description and quality of the offence as in the method
of proscription and trial ; and the punishments and fur-
are hereby revoked, annulled, and made void, from
and after the frit day of May, one thousand seven
hundred and feventy-five.
And, for the more perfect security and case of the
minds of the inhabitants of the said province, it is here
by declared, That his Majesty's fubjeCh, profeffing the
religion of the Church of Rome of and in the said pro
vince ofQnebec, may have, hold, and enjoy, the free
exercise of the religion of the Church of Rome, fubjeCt
to the King's Supremacy, declared and established by an
aft, made in the firft year of the reign of Q^een Eliza
beth, over all the dominions and countries which then
did, or thereafter Should belong to the Imperial CroWn
of this realm ; and that the Clergy of the said Ch;rch
may hold, receive, and enjoy, their accustomed dues
and rights, with refpeft to Inch persons only as shall
profefs the said religion.
Provided nevertheless, That it fliall be lawful for his
Majesty, his heirs, or fucceffois, to make such provision
out of the rest of the said accustomed dues and rights,
for the encouragement of the Protestant religion, and
for the maintenance and Support of a Protestant Clergy
within the said province, as he or they shall, from time
to time, think necessary and expedient.
Provided always, and be it enabled, That no person,
profeffing the religion of the Church of Rome, and re
siding in the said province, shall be obliged to take the
oath required by the said statute passed in the hid year
of the reign of Q^een Elizabeth, or any other oaths
substituted by any other act in the place thereof; but
that every such person who, by the laid Statute, is re
quired to take the oath therein mentioned, Shall be
obliged, and is hereby required, to take and fubfcrib
the following oath before the Governor, or Such other
person in such Court of Record as his Majesty Shall ap
point, who are hereby authorifed to administer the
fame, viz.
Provided always, That -nothing in this ad contained
shall extend to authorize cr impewer the said legisla
tive Council to lay any taxes or duties within the laid
province, such rates and taxes only excepted as the in
habitants of &ny town or dittriA within tne fed pro
vince may be authorised by the said council to assess,
levy, and apply, within the laid town or diißit, for the
puipofe of making roads, ere^ing and repairing public
buildings, or for any other purpose respecting the local
convenience and economy of said town or district
Provided also, and be it enabled bv rhe authority
aforefaid, That every ordinance to to be made, Shall,
within fix months, be traulmitted by theGov^rnor, or,
io his absence, by the Lieutenant Governor ^r Com
mander in chief for the time being and LiS before his
Majesty for his royal approbation; and if his Majesty
shall thjnk fit to disallow thereof, the fame shall cease
and be void from the time that his Majesty's order in
council thereupon shall be promulgated at Quebec.
Provided allo, 1 hat no ordinance touching religion,
or by which any punishment may be inflicted greater
than fine or imprisonment for three months, shall be of
any force or effect, until the fame Shall have received
his Majesty's approbation.
Provided allo, 1 hat no ordinance shall be passed at
any meeting of the Council where less than a majority
of the Wole Council is present, or at any time except
between the firft of January and the firft day of May,
unlels upon Some urgent occasion, in which case every
member thereof resident at Quebec, or within fifty miles
thereof, shall be perlonally Summoned by the Governor,
or, in his absence, by the Lieutenant-Governor, or
Commander in chief for the time being, to attend the
fame.
And be it further enabled by the authority aforefaid.
That nothing herein contained shall extend, or be con
strued to extend, to prevent or hinder his Majeftv, his
heirs and successors, by his or their letters patent under
the great Seal of Great-Britain, from erefti g, consti
tuting, and appointing, such courts of criminal, civil,
and ecckfialbcal junfdi&ion within and for the laid
province of Quebec, and appointing, from time to time,
the Judges and officers thereof, as his Majesty, his
heirs and successors, Shall think necessary aid proper
for the circumstances of the laid province.
Provided always, and it is hereby ertaAed, That no
thing in this a& contained shall extend, cr he condrued
to extend, to repeal or make void, within the laid pro
vince of Quebec, any aft or adls of the Parliament of
Great-Britain heretofore made, for prohibiting, reft,min
ing or regulating, the trade or commerce of his Majetty's
colonies and plantations in America; bur that all and
every the said ads and also all acts of Pailiament,
heretofore made concerning or relpc^ing the said co
lonies and plantations, shall be, and are hereby declared
to be in force, within the said province of Quebec, and
every part thereof.
Eren: tie St. James's C HRONICL e.
The Oracle rs Apollo ?o t::e^ecple of tie ifanJ o/'Samos-
Sam. /T R EAT God, th' impendent Slavery may
'LI wpfnun?
4%/. No; but th' enflarers soon shall be undone.
Thus Jove his two fold view at once efle&s;
Both's vice their childish politics corrc&s,
Who, from such frequent proofs, don't und:rftanj
That ruin and unjufi go hand in hand.
features thereby inflicted 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 thousand seven hundred and
sixty-sour; any tiling in this ad to the contrary thereof
jn any refpetl notwithstanding; subject nevertheless to
fah alterations amendments as the Governor, Lieute
nant Governor, or Commander io Chief for the time
beihg, by and with the advice and consent of the fe
giflative council of the said province, hereafter to be
appointed, Shall, from time to time, cause to be made
therein, in manner herein after direded.
And whereas it may be necessary to ordain many re
gulations for the future welfare and good government
of the province of Quebec, the occasions of which can
not now be foreseen; nor without much delay dn <in
convenience, be provided for, without intruding that
authority, for a certain time, and under proper restric
tions; to persons resident there: And whereas it is at
prefect inexpedient to call an Assembly; be it therefore
enaded by the authority aforefaid, That it Shall and
may be lawful for his Majelty, bis heirs and fuccefibrs,
by warrant under his or their Signet or Sign manuel, and
with the advice of the Privy Council, to couffitute and
appoint a Council for the affairs of the province of Que
bec, to consist of such persons resident there, not ex
ceeding twenty three, nor less than seventeen, as his
Majesty, his heirs and SuccelTors, shall be pleafcdtoap
point ; and, upon the death, removal, or absence of
any of the members of the said council, in like manner
to conditute and appoint such and so many other person
or persons as (ball be necessary to Supply the vacancy or
vacancies ; which council, so appein ad and Dominated,
or the major part thereof, Shall have full power nd au
thority to make ordinances for the peace, welfare, and
good government, of the said province, with the corfenc
of his Majesty's Governor, or, in his absence, of the
Lieutenant G. vernor, or Commander in Chid for the
time being.