"be obliged by the English government to pay to the priests the tythes and all the

"taxes they were used to pay under the government of his Most Christian Ma"jesty." Granted, as to the free exercise of their religion; the obligation of paying tythes to the priests will depend on the King's pleasure.

The 34th article stipulates, "That all "the communities, and all the priests, shall preserve their moveables, the property " and revenues of the seigniories, and other “estates, which they possess in the colony, "of what nature soever they may be; and "the same estates shall be preserved in their privileges, rights, honors and exemptions.” Granted.

The 37th article stipulates," That the "lords of manors, military and civil offi66 cers, the Canadians as well in the towns

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as in the country, the French trading or "settled in the whole extent of the colony "of Canada, and all other persons what

soever, shall preserve the entire peace"able property and possession of their

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goods, noble and ignoble, moveable and

"immoveable, merchandizes, furs, and

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"other effects; even their ships, they shall "not be touched, nor the least damage "done to them, on any pretence whatever. They shall have liberty to keep, let, or "sell them, as well to the French as to the English, to take away the produce of "them in bills of exchange, furs, specie, "or other returns, whenever they shall 'judge proper to go to France, paying "their freight, as in the 26th article. They "shall also have the furs which are in the

posts above, and which belong to them, 66 and may be on the way to Montreal; and "for this purpose they shall have leave to "send, this year or the next, canoes fitted

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out to fetch such of the said furs as shall "have remained in these posts." Granted, as in the 26th article, which excludes any property belonging to his Most Christian Majesty, which must become the property of the King.

The 41st article stipulated, "That the "French, Canadians, and Acadians, of "what state and condition soever, who "shall remain in the colony, shall not be "forced to take arms against his Most "Christian Majesty, or his allies, directly

" or indirectly, on any occasion whatso"ever. The British government shall only require of them an exact neutrality."Answer. 66

King."

They become subjects of the

The 42d article stipulates, "That the "French and Canadians shall continue to ❝ be governed according to the custom of Paris, and the laws and usages established "for this country; and they shall not be

subject to any other imposts than those " which were established under the French "dominion." Answered by the preceding articles, and particularly by the last.

This request to have their old laws is thus positively refused. They are told that they are to become subjects of the King of Great Britain. The best proof that this was the meaning of all parties, is, that from the conquest to the year 1774, a period of fourteen years, the Canadians were governed by English laws in both civil and criminal matters. A court of king's bench, and trial by jury, were established. Had there been any idea of the Canadians having a right to be governed by their own laws, it certainly would have been taken notice of

in the definitive treaty of peace between France and England in the year 1763, in which Canada was finally ceded to England; but that treaty only stipulates for the Canadians" the exercise of the Roman catholic religion, so far as the laws of Great Britain permit:" thus limiting the articles in the capitulations relative to religion, and defining clearly the intention and meaning of the two governments.

There were no other laws acted upon by the English in Canada previous to the year 1774, but the laws of England, and the proclamations of the governor and council, It is true, I believe, the laws were not administered in a way to give satisfaction to the Canadians; but had they been ever so well administered, it is not likely the Canadians would have been satisfied. They did not understand either the laws or forms of process. These are matters that are not to be understood all at once. Perseverance would have been crowned with success; but the British legislature gave way to the importunities of the Canadians. An act of the British parliament was passed in the

year 1774, declaring all former provisions made for the province to be null and võid, and that all controversies, as to property, should for the future be determined agrec ably to the laws of Canada. In criminal matters the laws of England were still to be used.

I have no hesitation in saying, that I think it would have been a fortunate thing for the country, if the English civil laws had been also firmly and permanently established; not on account of its own superior excellence, which the Canadians might justly question, but because it would have been understood by the judges, and uniformly and properly interpreted. A proper line of proceeding would, by this time, have been fixed upon; the practice and rules of court would have been ascertained and determined; the decisions would have been uniform; the laws would have been strictly enforced; and the minds of the people kept alive to proper notions of right and wrong.

Has any thing like this happened?not at all. In Upper Canada there is a