North American. [volume] (Swanton, Vt.) 1839-1841, 1839-07-24

itself were calculated to create confusion.
The act re-estabished " the laws and
usages Of Canada" when il was well
known that the laws Of Canada" were
nothing Of themselves Canada before the
conquest had been regulated by the" cou-
tune de Paris" and such provincial ordin-
ances as were passed by the Superior
Council of Quebec. The object OF the
Parliament in making US, of such phraseol-
ogy as to render every clause vague and
obscure, from which would very surely
arise litigious dispute, was to give them
one day or another an excuse to settle the
business according 10 the construction
which British interest might put on the
act.
The King in his instructions TO the
Governor of the Province, gave an ex-
PLANTATION Of the bill as understood by his
advisers. We shall give to our readers
passage of those instructions, which is as
follows.
"The establishment OF courts for the
good administration Of justice in the whole
Province, according to the settled princ-
pies of said bill ono so as to provide
more efficiently for its government, require
your greatest care and all your prudence.
For as tits our gracious desire, in conformi-
ty to the intention s. spirit Of said act that
our Canadian subjects may enjoy the ben
eft of the use Of their own laws and usages
in all questions which relate to titles Of
land, tenure, inheritance, membranes,
and agreements as to immoveabIe property
and to the distribution of the personal pro-
perty Of those persons dead ab intestat; on
the other hand it shall be the duty Of the
Leg. Council whilst making the necessary
ordinances to establish courts for the bet
ter administration of justice, to consider if
the English laws can be, in part if not in
toto, the rule by " hich to decide in all per-
sonal, actions arising from debts, promises,
contracts and agreements of a commercial
nature or otherwise, as also in all the
cases subject to damages, and more partic-
uIarly those in which our subjects born in
Great Britain, Ireland or the plantations,
residing at Quebec, or who may come
thilher or who have thereat commercial
business or property, are plaintiffs in
civil cause of this nature"
In perusing attentively this bill and then
reading the instructions given by the King
TO the Governor of Canada, we see that
in the first it is declared that the La,os and
usages Of Canada were to be renewed in
the Province, whilst by the second the
King gives instructions to his Governor to
put in force as much as possible the Eng
lsh laws in Canada. The laacs and usages
Of Canada were words nearly devoid
OF meaning, which in connection with the
contradictory instructions of the King pre-
cluded The possibility Of finding any regu-
lar standard or criterion by which the ludg-
rs and lawyers could form an opinion. This
shall be shown in more ample manner
when we come to the famous inquest held
by order OF Lord Dorchester, 1897, on the
Of justice.
The Quebec bill did indeed satisfy for
The moment the French Canadians. Their
nadmlssibili:y 10 the Legislative Council
was entirely removed, their ancient laws
rendered to them to great extent, their
church tolerated and the oath to the
Crown OF England so mtigaled as not to
interfere with their scrupes Of conscience
II we ado to this the powerful influence
he Roman priests had then over the peo-
DE and which was used 10 show the people
low grateful they ought to feel to Great
oHtaIn Tor lis generosity and kindness to-
wards her Canadian subjects, we shall not
eel surprised to find the Canadians better
alished then an enlightened people would /
lave been. England understood its inter (
st, she well knew that in buying the
'rIests OF nation, there is always great
if not certainty Of seeing tie
mass of the people follow bIindv what
yer course they recommend II was