proceedings 
 
 BETWEEN 
 
 Sir Guy Carleton, K. B, 
 
 J-ate Governor of the 
 
 PROVINCE OF QJUEBEC, 
 
 AND 
 
 Peter Livius, Efquire, 
 
 Chief Juflice of the faid Province: 
 
 WITH T H g 
 
 Rcprefentatlon of the Lords Commiflioners for 
 Trade and Plantations thereupon ^ 
 
 The Report of the Lords Committee of Council, and 
 his Majefty^s Order in Council* 
 
 1779. 
 
T O T H E 
 
 King’s moft excellent Majefty, 
 
 THE 
 
 MEMORIAL 
 
 O F 
 
 PETER LIVIUS, 
 
 Your Majefty’s Chi^f-Juftlce of your Province of 
 Quebec, in North-America, 
 
 Mojl humbly Jbeweth^ 
 
 T hat by youy -Majefty’s moft gracious ac- 
 ceptance of your Memorialift’s ■ dutiful, 
 though poor fervices, he was appointed by your 
 Majefly your Chief-Juftice in your faid Pro- 
 vince. 
 
 That your Memorlalift, to the Seft of his power, 
 has difcharged the duties of the faui office, faith 7 
 fully, diligently, and, as he humbly trufts, un-? 
 blameably. . j 
 
 That Sir Guy Carleton, then Governor of fft‘4 
 faid Province, did take upon hi mf^f, though not 
 in veiled with any.fueh authority, to amove your 
 Memorialill from his faid office, without allignin^ 
 
 B afty 
 
[ ^ 1 
 
 any caufe whatever, though fubmifiively Intrcated 
 fo to do by your Memorialift. 
 
 That notwithftanding Sir Guy Carleton had rio 
 authority toamovc your Memorialift, yet in the prc- 
 fent circumftance of public affairs in that country, 
 your Memorialift, to avoid the public fcandal that 
 would attend a conteft, and the detriment it would 
 occafion to your Majefty’s lervice, thought it is his 
 duty to acquiefce under the oppreflion, humbly 
 /eferring the matter to your Majefty’s wifdom, and 
 firmly confiding in your Majefty’s juftice ; that juf- 
 tice he now prefumes to implore. He canrtot fuf- 
 fer himfelf t6 believe, that Sir Guy Carleton would 
 have proceeded with fuch violence, had he not been 
 deceived to think there was fome very great caufe 
 for it. Your Memorialift therefore humbly prays, 
 that Sir Guy Garleton may now affign the fuppofed 
 caufe, which hitherto he has refufed your Memo- 
 rialift to do ; and your Memorialift further humbly 
 prays, that your Majefty would be gracioufly pleaf- 
 ed to afford him, confident of his own fidelity and 
 tiprightnefs, fuch opportunity as to your royal juf- 
 tice and wifdom lhall feem fit, of difpelllng every 
 5magittati‘0n that the unwarranted and unprovoked 
 condu<9: of Sir Guy Carleton may have fuggefted to 
 the prejudice. of your Memorialift’s charader. 
 
 yqur^'Memorialift, as in duty bound, will 
 . r • .ever pray, &c, 
 
 London, 
 
 Se^t. 0 - 2 , 1778*'' HU 
 
 % 
 
[ 3 ] 
 
 His Majefty was pleafed to refer the confidera- 
 tion of this Memorial to the Lords Commiffioners 
 for trade and plantations ; they diredted the Go- 
 vernor to affign the caufes of his fufpending or re- 
 moving the Chief Juftice, 
 
 The Governor by letter referred their Lordlhips 
 to what he had written from Canada to the Secre- 
 tary of State, and to the journals of the Legillative 
 Council, for the caufes of his proceeding, 
 
 On the 8th of December the Chief-Juftice had 
 communication of the Governor’s letters from Ca- 
 nada, and of the journals of the Council there^ 
 and was diredfed to avoid any anfwer to the invec- 
 tive in the letters, and to confine himfelf merely to 
 the matter of fadt alledged againft him, and was 
 allowed to the 15th to prepare and deliver in his 
 anfwer. 
 
 On the 1 5th, he accordingly delivered in his 
 anfwer in thefc words : 
 
 May it fie aje your Lordjhips, 
 
 When the Chief-Juftice of an American Province 
 is fufpended or removed front his office, it will 
 naturally be expedted, efpecially in thefe times of 
 public difquiet and jealoufy, that the caufe was 
 fome great and notorious crime, as treafon, bribery, 
 or at leaft an infufficiency in his office, or a negligent 
 difeharge of its duties ; and that the delinquent had 
 
[ 4 ] 
 
 a fair opportunity of making his defence before he 
 was publicly difgraced and dilhonoured. In the 
 prefent inftance, the Governor, knowing himfelf 
 tobe then adtually under recall, yet took upon him- 
 felf to remove the Chief-Juftice fuddenly, without 
 inquiry, and without allowing a defence, becaufe 
 in his place in Council he had prefumed to fpeak 
 his opinion, and to propofe meafures not confonanc 
 to the Governor’s ideas. It is unneccflary that the 
 Chief-Juftice fhould make proteftation of his loyal- 
 ty; his paft condudt places it above fufpicion; and 
 he trufts he fhall convince your Lordfhips that on 
 this occafion alfo he has done only his duty in 
 Council, by concurring in opinion with fome of the 
 principal fervants of the Crown in that country^ 
 and by uling his endeavours that the King’s inftruc- 
 tions, and the aft of Parliament for the govern- 
 ment of the Province, might be obeyed : yet when- 
 ever he had made fuch reprefentations as he conceiv- 
 ed his office and a due attention to law and juftice 
 required of him, he fubmitted to whatever was de- 
 termined, and has always endeavoured to give the 
 beft appearance to thofe meafures he had privately 
 difapproved, when once they were adopted public- 
 ly as meafures of Government ; as often as his ad- 
 vice has been alked, this has been his conduft, 
 and the Governor will not, he cannot, give an in- 
 ftance to the contrary. 
 
 In 
 
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 B- 
 
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 B(e 
 
 tak 
 
 K 
 
 tke 
 
 lyal- 
 
 and 
 
 ton 
 
 yin 
 
 'the 
 
 «ry, 
 
 true- 
 
 tern- 
 
 ihen- 
 
 celt- 
 
 iflic; 
 
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 iblic- 
 
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 C 5 1 
 
 In order to examine with method the Governor’^ 
 proceeding, and his defultory accufation againftthe 
 Chief-Juftice, he begs leave to conlider them un- 
 der the following heads : 
 
 I. The Governor’s authority to remove him. 
 
 II. The impropriety pf the time and the man- 
 ner of proceeding. 
 
 III. The caufe affigned as good and fufficient. 
 
 I. He is to confider the Governor’^ authority 
 fo remove him, 
 
 He was appointed Chief-Juftice of the Province 
 of Quebec by his Majefty in his Privy Council ; 
 in confequence letters mandatory ilTued under the 
 King’s Signet and Sign Manual, diredling and re- 
 quiring the keeper of the public feal of the Pro- 
 yince (the Governor) forthwith to caufe Letters 
 Patent to be paflfed granting the olEce during the 
 King’s will and pleafurc, and the patentee’s refi- 
 dence in the Province; Letters Patent were ac- 
 cordingly paffed, he was in by patent, and a per- 
 fon fo appointed cannot furcly be removed by the 
 mere word of the Governor ; the pradlice and pre- 
 cedents have ever been againft it ; when Gover- 
 nors in America have conceived themfelves obli- 
 ged to flop the proceedings of any of their Coun- 
 cil, they never pretended to remove them, but 
 
 only 
 
C ^ 3 
 
 only fufpcnded them till his Majefty’s will and 
 pleafurc Ihould be known, yet an ordinary Coun- 
 fellor has only a ^Jandamus for his office ; where- 
 as the Chief-Juftice of the Province of Quebec is 
 appointed by the King himfelf in his Privy Coun- 
 cil; is in by Letters Patent, and is not only of the 
 Council, but a Prefident^ and a ,neceflary conftjtu- 
 ent member of it. 
 
 It n?ay be perhaps faid that Sir Guy Carleton s 
 commiffion was different from that of any other 
 Governor, yet his commiffion gave no authority 
 to remove any perfon, and though in his inftruc- 
 tions he was direded not to difplace any Judges or 
 other officers, but for ^ood and fufficient caufe, it 
 cannot be thence inferred that he may remove 
 them when he pleafes; and this inftrudtion has ne- 
 ver been copfidered as affefting the Chief-Juftice, 
 or a Counfellor, or any officer appointed by the 
 King himfelf, but to refpedl only fuch judges and 
 officers as the Governor may have appointed, who 
 by this inftru(£tion are not to be corifidercd as crea- 
 tures of the Governor’s mere will and pleafure : 
 when once in office, the King direfts they are to 
 continue while they behave well ; the inftruftion 
 is intended as a barrier againft the Governor’s ar- 
 bitrary treatment of them, and this has been the 
 conftrudtion and praftice of every other America^ 
 Governor. 
 
If It be conceived that Sir Guy Carleton’s pro- 
 ceeding was founded on fome principle of French 
 government in Canada, it is a miftake ; the cafe is 
 quite otherwife; for during the time the French 
 were in pofleffion of that country, the Governor 
 and the perfon at the head of the adminiftration of 
 juflice, though equally dependent on the King, 
 were petfcAly independent of each other. 
 
 II. The impropriety of the time and the manner 
 of the Governor’s proceeding is to be conlidered. 
 
 When the greateft part of America was in re- 
 bellion, and the ahnoft Angle Province then ac 
 peace was under fome difquiet and jealoufy, was 
 it prudent to remove the Chief-Juftice, unlefs 
 there had been the moft abfolute neceffity for it ? 
 
 For the proceeding itfelf, and the manner of it. 
 He was never accufed, was never heard, and un- 
 til he came hither, was uninformed of the nature of 
 his olfence. What never was or ever can be juftly 
 denied to the moft notorious and infamous crimi- 
 nal, was denied the Chief-Juftice of the country; 
 he w'as condemned, difgraced, ,and difhonoured 
 without either being heard in his defence, or any 
 notice given him; and when he moft. humbly 
 prayed (as your Lordlhips wdll fee) to have a 
 knowledge of what he had done amifs, anej.^o 
 heard, he was contemptuoufly denie4 both. — The 
 
 manner 
 
t 8 ] 
 
 manner of it was thus.— In March laft the Gover- 
 nor thought proper to aflemble the Legiflative 
 Council } the general difcontent throughout the 
 Province was too public, and threatened too much 
 danger to his Majefty’s government, not to draw 
 the moll ferious attention from thofe of the Coun- 
 cil who preferred his Majefty’s fervice and their 
 own duty to every partial confideration } fome mo- 
 tions were made, which, although they tended to 
 preferve the public peace, yet proved difagreeable 
 to the Governor, upon which the Council was 
 very fuddenly prorogued, and fix days after the 
 Chief-Juftice was furprized ^’ith the following 
 letter from the Secretary. 
 
 Secretary’s Office, ^lehec, May i/, i77^* 
 
 « Sir, 
 
 By his Excellency’s the Governor’s com- 
 “ mand I am ordered to inform you, 5 'ou are no 
 « longer Chief-Juftice of his Majefty’s Province 
 “ of Quebec ; of which you will take notice and 
 « govern yowrfelf accordingly. 
 
 “ I am. Sir, 
 
 “ Your moft obedient, 
 
 “ Humble Servant, 
 
 « GEORGE POWNALL, 
 “ Secretaty, P. Q/’ 
 
 STo Feter Lhius, Fffi. 
 
 3 
 
 Ori 
 
[ 9 ] 
 
 On the receipt of this new kind of fuperfedeas, 
 the Chief-Jufticc was at no lofs to determine with- 
 in himfelf that the Governor had no right of re- 
 moval ; but when he confidered w^hat fcandaj to 
 government, and detriment to the King's fervice 
 would probably be the confequence of a conteft, 
 he determined to facrificc his own feelings, and to 
 acquiefee for the prefent ; with a view therefore of 
 bringing on an interview and explanation before 
 the affair became public, he immediately wrote 
 the following letter to the Governor. 
 
 T 9 Sir Gay Carleton, Governor^ 
 
 « Sir, 
 
 “ I received this moment from the Secretary, 
 “ a fignification that it was yotir pleafure I fhould 
 “ confider myfelf no longer as Chief-Juftice of this 
 Province, and that I fhould take notice and go- 
 vern myfelf accordingly : I will do (a, yet fuf- 
 “ fer me Sir, to fay, I am furprized at this ; I feel 
 “ ftrongly, that although my condud in another 
 “ capacity may have been rendered through mif- 
 “ reprefentation, and very much againft iny wifli 
 “ and intention, diftafteful to your Excellency, 
 “ yet my endeavours in my capacity of Counfel- 
 “ lor, to the beft of rny underftanding (for I do 
 “ not pretend to be a politician) have been loyal, 
 “ honeft, and refpe<fl:ful towards you : and in my 
 office of Chief'Juftice I inuft prefume to fay, 
 C . “ what 
 
[ 10 ] 
 
 “ what I truft is your own opinion, that my con- 
 “ dudt has been unblameable. What then could 
 induce your Excellency to give me fuch an in- 
 ftance of your anger, I will not even prefume 
 “ to think, but fliall be ready in every honourable 
 way to deprecate it ; and I do intreat that I may 
 “ have that common juflice done to me, of being 
 “ informed of what I am accufed j and before you 
 finally condemn me, of being heard in my jufti- 
 ficationby joK; for of your honour I think, and 
 ever did think myfelf afliired, and am certain 
 of my own innocency and uprightnefs, and of 
 my refpedtful thoughts of you and towards you. 
 
 “ I have the honour to be, 
 
 W^ith the trueft refpedt. 
 
 Your Excellency’s mo^ humble 
 And moft obedient fervant, 
 
 « PETER LI VIUS. 
 
 .^ebec, May i, 1778. 
 
 Ilis Excellency Sir Guy Car let on, K. B. &c,’' 
 
 To this letter, moderate and refpedlful as it 
 muft appear, a verbal reply only was returned by 
 the bearer of it, “ that there was no anfwer.” It 
 is owing to this denial of the knowledge of the 
 charge againft him, that he may not perhaps be 
 able to give your Lbrdlhips the fame information, 
 as if he had known it while he was yet in that 
 country, and proofs were in his power ; yet your 
 
 Lordlhips 
 
Lordftiips-will not have a doubt, tliat his removal 
 was the effeft of private refentment, and not of 
 any good and fufficient caufe, when you (hall have 
 confidercd, 
 
 Illdly and laftly, The pretended caufe of the 
 violence offered to him. 
 
 The Governor Has not tliought proper to f[)ecify 
 (^as is ufual oil occafions of this nature) his charge 
 igainft the Chief-JufticC, but has left yoiir Lord- 
 Ihips to colledf it from the minutes of the Council 
 to which he refers you. What is to be vvnder- 
 ftood by this ? biit that the Governor has alTumed 
 the power of removing the Chief-juftlce, becaufe 
 the meafures he promoted, and the advice he gave 
 ih Council, were ndt agreeable to the Governor; 
 that is to fay, the King has inftrudted the Governor 
 rb allow freedom of debate, and vote in Council ; 
 and he now tells your Lordfhip^, that inftead of 
 allowing any fuch matter, he has taken upon hiih 
 to rerhove the Chief-Juftice from his judicial of- 
 fice, for having dared to ufe that freedom in Coun- 
 cil. The meafures he propofed and promoted are* 
 in their nature, fuch as leave no room to imagine 
 they were ieditiouily intended ; fuppofirtg him 
 therefore miftakeii in his conduft ih Council, that 
 would not be a fufficient caufe even for his being 
 fufpended from being of the Council j but how 
 abfurd is it, that becaufe it is fuppofed he did not 
 C tL behave 
 
C ] 
 
 behave properly in Council, be is therefore re- 
 moved, not from being of the Council, but from 
 his judicial office; in which it is not pretended, 
 or even infinuated, that he merits the leatt blame; 
 and this too fix days after the Council had been 
 prorogued, when no longer any embarralTments 
 could be apprehended to the Governor’s views, 
 from' the Chief-Juftice’s difference in opinion in 
 regard to public meafures. If ever the mifcarri- 
 ages and mifcondu<ft in Canada become objedts 
 of public enquiry, to clear himfelf of blame fo 
 far as refpedls him in the civil line, what muff be 
 his juffification ? the meafures followed were con- 
 trary to his opinion ; why did he not then declare 
 his opinion ? he did, firff privately to the Gover- 
 nor ; and, when that proved ineffedtual, in Coun- 
 cil ; what then in fadl and in truth is, and muff 
 be the Chief-Juffice’s juffification, he finds im- 
 puted to him as a crime. He therefore begs leave 
 further to fay, that the meafures he promoted, in 
 which iie had the honour of the concurrence of 
 fome of the beff informed Members of the Coun- 
 cil, were not only intentionally right, but they 
 were in reality the moff effedtuaf and the beff for 
 the King’s fervice. In order to render the reafons 
 of his condudt plainly intelligible and fatisfadtory, 
 he muff beg leave to obferve. 
 
 That for fome time after the redudliori of Ca- 
 nada, it continued under a mere military admini- 
 3 ftration. 
 
t <3 ] 
 
 liratlon. In 1763 his Majefty was pleafed to 
 give it civil goverrtment, as nearly as might be 
 on the footing of Englilh law. This was at firft 
 received with fonie difguft j the Canadians knew’ 
 nothing of Englifli law, and were attached to 
 thofe laws they had been long governed by ; but 
 the Britilli fubjefts, of whonr many had by this 
 time fettled in Canada, alTured them, they would 
 foon feel the difference, and alter their etpinion; 
 fo it proved, in a very few years Canada, inftead 
 of importing its own bread, as it had done during 
 the French government, counted its export of 
 wheat by the hundred thoufand buflrels ; and the 
 Canadian peafants, inftead of an inconfiderable 
 fum ’of depreciated paper currency, or perhaps 
 none, came to be poffeflbrs of no inconfiderable 
 hoard of lilver money ; thefe effedrs they attributed 
 juftly to the operation of the freedom and protec- 
 tion of the Englilh law over their induftry, and 
 their attachment! and love to the government were 
 daily growing ftronger; the Sfeigneurs-iadeed, 
 although under the Englifh lawf^*^Ietained all 
 their feigneurial rights, were not fo well fatisfied : 
 they had not altogether the fame importance, or 
 tefped;, as in French times ; though generally 
 worthy and deferving men, they have much of 
 their origin, and are better courtiers than Englifh- 
 men commonly are ; it is therefore no great won- 
 der, if they infufed their own motions into the per- 
 
 foa 
 
r i4 3 
 
 Ton who was fupreme among them ; and. as he fcon- 
 verfed little with any other Canadians, except fucli 
 as are of the predicament laft mentionedj he na- 
 turally enough conceived, that the opinions he 
 heard were the fentiments of the Canadian na- 
 tion, and that an entire revival of the French law 
 Would firmly attach every Canadian. This idei 
 Was encouraged by fome about him, who felt that 
 power in him w'ould in efFedt be power to them. 
 Full of this idea he came to England, and induced 
 government to accede to part only of his plan, 
 and to forward the ad: of parliament, which has 
 been commonly called the Quebec Ad j by which, 
 though the law of Canada was permitted t’6 be 
 the rule of decifion in all civil queftions, yet* the 
 law of England was to prevail in all criminal cafes ; 
 and the reconciling the difcordant parts of thefe 
 two laws was left to be the performance of a 
 Council, compofed of perfons generally very well 
 difpofed, who by their fituation on the fpot- might 
 be jufily prefumed to be poffefled of all the in*^ 
 formation neceflary to fit them for the minute 
 parts of the bufinefs in fettling the province. But 
 as it had been fuggefted, that by this ad the trial 
 by jury was utterly abolifhed in all civil caufes, 
 and that no provifion was made for the fecurity of 
 perfonal liberty ; to take away thefe pretences for 
 difeontent, foon after the ad was pafled, his Ma- 
 iefty was gracioully pleafed, by his royal inftruc- 
 
 tions 
 
[ H ] 
 
 tions to the Governor, to recommend and direft, 
 that very ample latisfadtion Ihould be given in 
 both refpefts, and that the inftruftions for that 
 purpofe fliould be forthwith communicated by the 
 Governor to the Council. They have never, to 
 this hour, been communicated, yet it will be evi- 
 dent to every perfon concerned in Canada, on the 
 perufal of thefe inftruftions ; that had they been 
 obeyed and communicated by the Governor to the 
 Council, and by them duly attended to, as they 
 certainly would have been, they m.uft effedlually 
 have removed all diftruft, and have given the 
 ampleft fecurity for property and perfon, to the 
 content of the uneafieft men in the province ; but 
 this communication having never been made, an 
 opportunity was given to the feditious and fac- 
 tious, which they diligently employed to raife the 
 llrongeft prepofleffions againft the aft, to mifre- 
 prefent the intentions of government, and to fill 
 the province with jealoufy and diflatisfaftion. 
 
 In May, 1775, an attempt was made on the pro- 
 vince by the rebels j and though they immediately 
 retired, yet they poflelTed themfelves of the na- 
 vigation of the Lake Champlain, and of means to 
 return when it might fuit them. 
 
 In Auguft, 1775, the Council were aflembled 
 for the purpofe of legillation and fettling the pro- 
 vince ; the Gentleman who was then Chief-Juf- 
 
[ .6 ] 
 
 ticc, and who probably was acquainted with thefe 
 inftruftions, ftruggled hard for regulations con* 
 formable to them } but fuch of the Canadian 
 Seigneurs as were in Council, knowing nothing 
 of the King’s pleafure but the ad, would hear of 
 nothing but the ftrideft Canadian law, Je me 
 “ renfcrme dans le Bill,” was the word with them ; 
 the inftrudions would have levelled an qppofition 
 that arofe principally from refped to the King’s 
 fuppofed intentions ; but in dired difobedicnce of 
 his inftrudions they were carefuUy fecreted, and 
 for want of them, all \ya$ contpft apd confufion ; 
 when in the midft of it, Mr, Schuyler, and then 
 Mr. Montgomery, with his band, increafed by 
 yeport to a great army, appeared and invefted St, 
 John’s j all legiflative regulations went into fmokc, 
 and the province became a feene of uproar and 
 anarchy. It is unneceflary to particularize what 
 ■ your Lordlhips well know, the whole province 
 pofleffed by the rebels except the capital, and that 
 invefted by them, but defended and preferved by 
 the loyalty and perfeverance of its citizens, and 
 at length relieved. Here was an opportunity, 
 when every thing that had been conduded amifs 
 might have been amended, by the leflbn of the 
 late experience ; but it w'as negleded ; the Cana- 
 dians, who cheerfully contributed in forwarding 
 the expedition of the King’s army in the repulfion 
 
 of the rebels, were ftill forced to furnifli their 
 
 i- f , ■ 
 
 carnases 
 
[ «7 ] 
 
 carriages, their teams, and their labour without 
 any pay, under an ill-grounded fuppofition that it 
 was agreeable to Canadian law, and with a pretence 
 of punilhing them for having been lukewarm in 
 the King’s fervice on the Rebel invafion. The 
 confe^uences were, that thofe who had mifbe- 
 haved, or who had no principles of loyalty, dif- 
 obeyed the fummons, and hid themfelves in the 
 woods; thofe who had always been friends to 
 Government, readily attended, were exceedingly 
 harraffed, and then were laughed at by their ill- 
 difpofed neighbours, for their « penible loyaut*;” 
 they foon became difgufted with a government 
 whofe injuftice they feverely felt, the affections 
 of the few faithful remaining among the Cana- 
 dians were alienated, and their numbers rapidly 
 diminifhing, when another aQ: of Government, 
 about this time, completed the difguft with every 
 man of reflection. By the Quebec ACt, the 
 Council for the affairs of the Province was to con- 
 fift of not lefs than feventeen members ; but by 
 the King’s inttrudions, any five were to be a fuf- 
 ficient number to aCt as a council of ftate. Though 
 this be a general inftruCtion, no American Go- 
 vernor had ever fuppofed it was the King’s inten- 
 tions to allow the packing of a Council ; yet under 
 pretence of thefe words, “ any five,” Sir Guy 
 Carleton thought proper, by an order of the 8th 
 Auguft, *77b» w appoint, not any fve, but a 
 
 D 
 
[ 1 
 
 particular five, whom he mentioned by name* 
 who, together with fuch as the Lieutenant Go- 
 vernor ftiould think proper to fend for, were to 
 compofe his Council, under the new and alTuming 
 title of the Privy Council ; the reft of the Council, 
 though honoured with the King’s appointment, 
 were to get it approved by the Lieutenant Go- 
 vernor, who was the Governor’s private fecretary, 
 before they were to prefume to enter the new 
 Council. This was attended with very bad con-: 
 fcquences, fome confidence reafonably might be, 
 and was placed in a Council that was to conlift of 
 not lefs than feventeen, and might be compofed 
 of twenty-three of the principal perfons in the Pro- 
 vince ; but all confidence was loft when it was 
 feen, that by the Governor’s a£t, five, or even 
 three, out of three and twenty, and thofe a packed 
 three, might decide, contrary to the more vvhole- 
 fome opinion of the twenty j that thefe five mern- 
 bers were fubftituted in the room of the Council 
 for the affairs of the Province, conftituted by the 
 Adt, and appointed by the King ; and that this 
 culled Council were often called to decide finally 
 in matters of the greateft importance, and fome- 
 times in affairs of a legiflative nature, with the 
 foie cognizance of the expenditures of all public 
 monies j and all thofe about the Governor were 
 not equally exempt from the fufpicion which na- 
 turally follows myftery and concealment in affairs 
 of a public pecuniary nature. 
 
[ 19 ] 
 
 In February 1777, the Council were again af- 
 femblcd for the pOrpofe of legiflation, and the 
 King’s inftrudtions being ftill kept clofe, a fet of 
 very extraordinary ordinances were obtained, con- 
 trary to the King’s purpofes and intentions, as 
 declared in the inftrudlions. Thefe ordinances 
 quenched all hope, for it could not enter into any 
 man to conceive, that a Governor would pafs fuch 
 ordinances, in oppofition to the earncfl: defircs, 
 prayers, and formal rcprefentations of the moft 
 fubftantial people in the Province, and contrary to 
 the King’s inftruftions then in his poffeffion, bur 
 concealed by him. 
 
 The Adt of Parliament for the government of 
 the Province having been, by thefe means, inter- 
 very differently from its true fcnfe and 
 intent, and being loaded wdth the undeferved 
 odium of being fuppofed to legalife many adts of 
 unneceffary oppreflion, has been rendered an ob- 
 jedi: of public diflike ; whereas, had the wile and 
 lenient meafures recommended by his Majefty been 
 attended to, there can be little doubt, that this 
 Adt would have given the Province a firm, good, 
 legal eftablilliment ; and ere this, would have 
 been generally confidered as a bleffing. In this 
 train matters continued with but little difference, 
 except that a fmall pittance has been paid the Ca- 
 nadians for their labour, if they choofe to afk for 
 D 2 it. 
 
[ 20 3 
 
 it, but it was fo inadequate, that a great number 
 have rather chofen to ferve the King for nothing 
 than for fuch pay ; and it has raifed more indigna- 
 tion in the people than if they had been offered no 
 pay, for it has juft allowed their right to be paid, 
 yet refufed due payment. Thefe, with feveral un- 
 neceflary, illegal, cruel imprifonments, and many 
 other lefler circumftances of opprefiion, have filled 
 the country with difeontent ; and when an invafion 
 was threatened laft winter, it was plain how the 
 Canadians were difpofed, in fome places they ac- 
 tually took up arms againft the King’s troops. 
 
 Such was the fituatlon of affairs in Canada, 
 when the Council met a third time for the purpofc 
 of legiflation and fettling the Province. This was 
 the firft and only meeting of the legillative Coun- 
 cil, at which the Chief-Juftife was prefent, it can 
 therefore only concern him to give an account of 
 his conduct during that feflion ; but it was necef- 
 fary to enter into this detail that the reafons of his 
 conduit might be made evident. 
 
 There were four propofitions made in Council 
 by others, and two by him. . The Governor pro- 
 pofed a regulation of fees; though the Chief-Juf- 
 tice thought a fee bill very improper in the prefent 
 wavering uncertain courfc of pradlice in the Courts, 
 and though the fees then taken were not exorbitant 
 in proportion to the bufinefs improperly rendered 
 
 neceffary ; 
 
neceflary ; yet as a fee bill was infilled on, he fin- 
 cerely endeavoured to render it as unexceptionable 
 as poflible, and as Chairman of the Committee for 
 law fees, he went through the bufinefs with all 
 poflible expedition, and duly made his report. 
 By the terms in which the Governor has mention- 
 ed this matter, your Lordfliips will be led to ima- 
 gine that the Chief-Juftice had taken exorbitant 
 fees, and therefore endeavoured to delay, and if 
 poflible to prevent a bill for the regulation of fees. 
 The truth is, he has never received a ftngle fee, or 
 any perquifite of any kind whatever, except the fa- 
 laries his Majefty has been pleafed to allow him. 
 
 Mr. Finlay, joint Poftmafter General in Ameri- 
 ca, and Mr. Grant, adting Receiver General, each 
 of them propofed a bill which they reprefented as 
 of great public utility, and very neceflfary to the 
 prefervation and colledion of that part of his Ma- 
 jefty's revenue entrulled to their refpedlive care ; 
 the Chief-Juftice voted for the commitment of 
 both bills, becaufe they were offered by thofe to 
 whom his Majefty had committed the care of thefc 
 matters ; and it was a great indecency to refufe 
 their bills the common attention of being confi- 
 dered by a committee. 
 
 Col. Caldwell (who commanded the Brltilh mi- 
 litia during the fiegc of 1775-6) made a motion 
 for fome alterations in the militia ordinance, and 
 
 for 
 
[ ] 
 
 for the appointment of a committee to take the 
 fame into confideration, and to make inquiry into 
 the caufes of the prefent difcontents among the Ca-' 
 nadians, with a power to fend for perfons, pa* 
 pers, &c. The prevalence of thefe difcontents was 
 notorious, and Col. Caldwell repeated fome very re- 
 markable inftances of them, and of fome oppreffions 
 he himfelf had been a witnefs to. If the Chief- 
 Jullice had been difpofed to foment difturbances 
 and divifionsjhewoulddoubtlefshavefupported this' 
 motion ; whereas on the contrary he oppofed it in 
 the ftrongeft manner he was able, particularly the 
 appointment of fuch a committee, as he thought it 
 could only ferveto give fedition an opportunity of 
 rendering the public difcontents more general and 
 more dangerous. 
 
 Yet could the Governor have been moved to 
 communicate, as he was ordered, the royal in- 
 ftrudtions, and to liften to the advice of his whole 
 Council, it would no doubt have produced the nx)ft 
 falutary effedts to the King’s fervice, by convincing 
 ‘ the people that their oppreluons could not be 
 afcribed to the King or his Minifters, and thereby 
 reftoring to his Majefty the hearts and afFedtions of 
 his fubjedts in that Province. 
 
 The Chief-Juftice had endeavoured fix months 
 before, very refpedlfully to offer fome private ad- 
 vice to this purpofc, but it anfwered no other end 
 
 than 
 
[ 23 ] 
 
 than to increafe a diftance and coolnefs towards 
 him. Without hope therefore of fuccefs from 
 more private application, at the meeting of the 
 legillative Council, and after Col. Caldwell’s mo. 
 tion, the Chicf-Juftice felt himfelf coerced by ev'ery 
 motive of honefty and fidelity to make two nio-r 
 tions diredfed to the purppfe before-mentioned, in 
 the following words ; 
 
 Province of Quebec, in Council^ 
 “ %th Afril^ 1778. 
 
 V The Chief Juftice moved, That this Board 
 “ not having hitherto had communication of his 
 “ Majefty’s inftrudtions, forthe making and pafling 
 “ laws in this province ; his Excellency the Go- 
 “ vernor be humbly requefied to communicate 
 “ to this Board fuch royal inftrudfions as he may 
 “ have received relative to the legillation of this 
 “ province, and he may think are proper to be 
 “ difclofed to us, in order that the legiflative 
 « Council may dutifully endeavour to conform 
 themfelves to his Majefty’s intentions, and that 
 * they may, fo far as they are able, carry into 
 “ effea his Majefty’s moft gracious purpofes, for 
 “ the good government of his fubjedls in this pro- 
 M Vince.” 
 
 ** Province 
 
C 24 3 
 
 Provinct of ^uebecy in Councily 
 « 23</ Jprily 1778. 
 
 «« The Chief. Juftice moved, That whereas by 
 an aft of parliament for the making more ef- 
 feftual provifion for the government of this 
 ** province, pafled in the 14th year of his prefent 
 « Majefty, it is enafted, that it ftiould be lawful 
 « for his Majefty, his heirs and fucceffors, in 
 « manner therein exprefled, to conftitute and ap- 
 point a Council for the affairs of the province 
 of Quebec, to confift of perfons rclident there, 
 not exceeding twenty-three, or lefs than feven- 
 « teen. That his Excellency the Governor was 
 pleafed, by an order of the 8th of Auguft, 
 « 1776, to appoint a council, (calling the fame 
 a Privy-Council) to confift of only five parti- 
 cular perfons in the faid order named, and of 
 fuch others as the Lieutenant Governor fliould 
 think proper to fend for, 
 
 ** That by virtue of the faid order, the five per- 
 ** fons in the faid order named, repeatedly, in 
 different affairs of different natures, have taken 
 upon themfelves to aft as a Council for the af- 
 fairs of the province of Quebec, in oppofition 
 to the faid aft of parliament, and in exclufion 
 of his Majefty’s Council for the affairs of the 
 province of Quebec, legally conftituted and ap- 
 pointed according to the faid aft. 
 
 « That 
 
C 25 J 
 
 That the accounts of the expenditures of all 
 “ the public monies for the ufe of this province, 
 
 “ have been examined only by thefe five perfons, 
 or fuch others as the Lieutenant Governor chofe 
 “ to fend for, and afterwards have been reported 
 “ by them to the Governor, and by him approv- 
 “ ed in the prefence indeed of the legal Council, 
 
 “ but without their interference, approbation, 
 
 “ or confent. That the faid approbation of the 
 Governor, in the prefence of the legal Coun* 
 
 “ cil,v by fome accident, has been entered in the 
 “ Journals, in words that may naturally be un- 
 “ derftood to mean, that the faid accounts have 
 f* received the approbation and fandfion of his 
 “ Majefty’s legal Council for the affairs of this 
 “ province. 
 
 “ That thefe proceedings are irregular and 11- 
 “ legal, tend to introduce confufion, uncertainty, 
 
 “ and difcontent, and if not timely remedied, 
 
 “ will give opportunity and means of collufion 
 “ and impunity to future peculation and perver- 
 “ fion of public monies under any future Go- 
 “ vernor. 
 
 “ The Chief-Jufflce therefore moved, than an 
 “ humble addrefs be prepared and prefented to - 
 “i his Excellency the Governor, ftating the pre- 
 “ mifes, and humbly praying, that he will be 
 “ pleafed to order convenient remedy.” 
 
 E 
 
 The 
 
[ 26 ] 
 
 The firft of thefe motions was rejefted, the fe- 
 cond was precluded from confideration by the 
 fudden prorogation, and fix days afterwards he 
 was removed from his office in the manner before- 
 mentioned. Such has been the Chief-Juftice s 
 conduft in Council ; whether any part of it is ad- 
 verfe to the interefts of government, dr in any de- 
 gree merits the ftrange and cruel treatment he has 
 received, he humbly fubmits to your Lordffiips. 
 
 If it be thought, there are occafions in which it 
 is the duty of a faithful fervant of the crown, not 
 only to fubmit his adtions, but even to be filent 
 as to his opinion, when it differs from that of the 
 perfon who is chief in command. In the prefent 
 inftance, the anfwer is, that whether the fituation 
 of affairs, or the condudt of the perfon in command 
 he confidered, the times required the moft explicit 
 franknefs, confiftcnt with decency, on the part of 
 thofe whom his Majefty had been pleafed to call 
 into his Council there, and to entruft with a voice 
 in the government of the province. As to the fitu- 
 ation of affairs, the detail already gone through, 
 win fatisfy yotir Lordffiips how improper it would 
 have been for any fervant of the crown to have 
 withheld his fentiments ; to the condudt of the 
 perfon in command, the Chief-Juftice means to 
 fay as little as poffible, he wiffies not to recrimi- 
 nate ; he has throughout his anfwer, endeavoured 
 to avoid making obfervations on the condudl of 
 
 others 
 
C 27 ] 
 
 others, except where it was neceffary to explain 
 and juftify his own ; but called upon as he is, in 
 his own defence, he may be permitted to fay, that 
 however the Governor’s proceedings may be ex- 
 plained, their appearance at leaft rendered him an 
 unfit objedt of implicit political faith to any fervant 
 of the crown felicitous to difeharge his own duty. 
 
 Upon the whole, the Chief-Juftice begs leav'e 
 to conclude, that efpecially at a time, when the 
 nation is expending millions of treafure, and fa- 
 crificing thoufands of lives to maintain the fu- 
 preme authority of the King and Parliament in 
 America, it is his duty to endeavour to obtain an 
 obfervance of the royal inftrudfions, and of the 
 act of parliament, for the government of the pro- 
 vince he is ftationed in ; when therefore he faw, 
 ill lieu of fuch obfervance, meafures^ a mode 
 of government adopted, repugnant to tire King's 
 infirudtions and the adt of parliament ; that the 
 King’s grace to his people was intercepted, his 
 royal intentions mifcqnceivcd, and the province 
 thereby fo filled with difeontent, that the moll' 
 alarming confequences were very jullly dreaded ; 
 unpleafant and dangerous as it was, he did his 
 duty, and endeavoured to remove an unjuft im- 
 putation of oppreflion from his Prince, to place 
 it on thofe who deferved it. This is the full ex- 
 tent of his crime, for this he has been treated with 
 unexampled indignity and cruelty. His charadler 
 
 E 2 as 
 
[ ^8 3 
 
 as Chief-Juftlce is unimpeached even by thofe who 
 have opprefled him, and his conduft in Council 
 was fuggefted merely by the fame zeal for the 
 King’s fervice, that has always actuated every 
 other part of his life. It is therefore with the 
 greateft confidence, that he appeals to the juftice 
 of your Lordlhips, 
 
 P, L I V I U S. 
 
 Copies of the id, ^th, %th, ^th, \oth, iith, nth, 
 and \"]th Articles of his Majeffs general 
 Jnftrunions to Guy Carleton, EJquire, Governor 
 of the Province of Quebec. 
 
 adly, It is our further will and pleafure, that 
 any five of the faid Council ftiall conftitute a Board 
 of Council for tranfadting all bufinefs, in which 
 their advice and confent may be requifite, ad:s of 
 legiflature only excepted (in which cafe you are 
 not to aft without a majority of the whole.) And 
 it is our further will and pleafure, that the Mem- 
 bers of our faid Council fliall have and enjoy all 
 the powers, privileges, and emoluments, enjoyed 
 by the 'Members of our Councils in our other 
 plantations ; and alfo fuch others, as are contain* 
 cd and direfted in our faid commiflion under our 
 Great Seal of Great Britain, and in thefe our in- 
 ftruftions to you, and that they lhall meet toge- 
 ther at fuch time and times, place and places, as 
 you in your diferetion lhall think neceffary, ex- 
 cept 
 
[ 29 ] 
 
 cept when they meet for the purpofe of legifla- 
 tion, in which cafe they are to be aflembled at the 
 town of Quebec only. 
 
 yth, You are forthwith to communicate fuch 
 and fo many of thefe our inftrudtions to our faid 
 Council, wherein their advice and confent are mep- 
 tioned requifite ; as likewife all fuch others, from 
 time to time, as you fhall find convenient for our 
 fervice to be imparted to them. 
 
 8th, You are to permit the Members of our 
 faid Council, to have and enjoy freedom of debate, 
 and vote in all affairs of public concern, that may 
 be debated in Council. 
 
 9th, And whereas by the aforefaid adt, paffed 
 in the fourteenth year of our reign, entituled, 
 “ An adl for making more effedtual provifion for 
 “ the government of the prQvince of Quebec in 
 “ North America it is further enafted and pro- 
 vided, that the Council for the affairs of the faid 
 province, to be confiituted and appointed in man- 
 ner therein directed, or the major part thereof, 
 fliall have power and authority to make ordinances 
 for the peace, welfare, and good government of 
 the faid province, with the confent of our Go- 
 vernor, or, in his abfence, of the Lieutenant Go- 
 vernor, or Commander in Chief for the time be- 
 jng, provided that no ordinance fhall be paffed, 
 
 unlefs 
 
[ 3 ° 3 
 
 unlefs upon fome urgent occalion, at any meeting 
 of the Council, except between the firft day of 
 January and the firft day of May. And whereas 
 the ftate and condition of our faid province do re- 
 quire, that immediate provifion ftiould be made 
 by law for a great variety of arrangements and re- 
 gulations eftfcntially neceflary to the government ; 
 it is therefore our will and pleafure, that you do, 
 within a convenient time, ifiTue fummons for the 
 aflembling of our faid Council in their legillative 
 capacity, either on the firft day of April next, or 
 as foon after as may be convenient, in order to de- 
 liberate upon, and frame fuch ordinances, as the 
 condition of affairs within our faid province fhall 
 require, and as fhall, in your and their judgment, 
 be fit and neceflary for the welfare of our faid pro- 
 vince, and the territories thereunto belonging. 
 
 loth. You are neverthelefs to take efpecial care, 
 that no ordinance be paffed at any meeting of the 
 Council, where lefs than a majority of the Coun- 
 cil is prefent ; or at any time, except between 
 the firft day of January and the firft day of May, 
 as aforefaid, unlefs upon fome urgent occafion ; in 
 which cafe every Member thereof, refident at 
 Quebec, or within fifty miles thereof, fhall be 
 perfonally fqmmoned to attend the fame. 
 
 That no ordinance be pafled for laying any taxes 
 or duties, fuch rates and taxes only excepted, as 
 
 the 
 
the inhabitants of any town or diftrid: may be au* 
 thorized to aflefs, levy, and apply within the faid 
 town or diftridt for making roads, eredling and re- 
 pairing public buildings, or for any other purpofe, 
 refpeding the local convenience and oeconomy of 
 fuch town or diftridt. 
 
 That no ordinance touching religion, or by 
 which any punifliment may be inflidted greater 
 than fine or imprifonment for three months, be 
 made to take efi’edt, until the fame lliall have re- 
 ceived our approbation. 
 
 That no ordinance be pafled relative to the 
 trade, commerce, or fiflieries of the faid Province, 
 by which the inhabitants thereof lhall be put upon 
 a more advantageous footing than any of his Ma- 
 jefty’s fubjedls either of this Kingdom or the Plan- 
 tations. 
 
 That no ordinance refpedling private property 
 be pafled without a claufe fufpcnding its execu- 
 tion, until our royal will and pleafure is known, 
 nor without a faving of the right of us, our 
 heirs and fucccAbrs, and of all bodies politic and 
 corporate ; and of all other perfons, except fuch 
 as are mentioned in the faid ordinance, and thofe 
 claiming by, from, and under them ; and before 
 fuch ordinance is palfcd, proof muft be made be- 
 fore you in Council, and entered in the Council 
 
 books, 
 
[ 3 ^ ] 
 
 books, that public notification was made of the 
 party’s intention to apply for fuch ordinance in the 
 feveral parifti churches, where the lands in queftion 
 lie, for three Sundays at leaft fucceffively before 
 any fuch ordinance lhall be propofed ; and you are 
 to tranfmit and annex to the faid ordinance a cer- 
 tificate under your hand, that the fame palTed 
 through all the forms above-mentioned. 
 
 That no ordinance lhall be enadted for a left 
 time than two years, except in cafes of imminent 
 necelTity, or immediate temporary expediency ; and 
 you fliall not re-enadt any ordinance, to which our 
 alTentlhall have been once refufed, without exprefs 
 leave for that purpofe firft obtained from us, upon 
 a full reprefentation by you, to be made to us by 
 one of our principal Secretaries of State, and to 
 our Commiflioners for Trade and Plantations, for 
 their information of the reafons and neceffity for 
 pairing fuch ordinances ; nor give your alTent to 
 any ordinance for repealing any other ordinance, 
 which hath palled in your government, and lhall 
 'have received our royal approbation, unlefs you 
 take care, that there be a claufe inferred therein, 
 fufpending and deferring the execution thereof, 
 until our pleafure be known concerning the fame. 
 
 nth. In the confideration of what may be 
 neceffary to be provided for by law, within 
 our faid Province, as created and eftablillied by 
 
 the 
 
[ 33 ] 
 
 the aforefaki adt, intituled “An Aft for making 
 ** more efFedtual provifion for the government of 
 “ the Province of Q^uebcc in North America,” 
 a great variety of objedts hold themfelves forth to 
 the attention of the legiflative Council. 
 
 1 2th, The eftablifliment of courts, and a pro- 
 per mode of adminiftering civil and criminal 
 juflice throughout the whole extent of our Pro- 
 vince, according to the principles declared in the 
 faid adt for making more effedtual provifion for 
 the government thereof, demand the greateft care 
 and circumfpedtion ; for, as on the one hand, it 
 is our gracious purpofe, conformable to the fpirit 
 and intention of the faid Adt of Parliament, that 
 our Canadian fubjedts fhould have the benefit and 
 ufe of their own law, ufages, and cuftoms, in all 
 controverfies refpedting titles of land } and the 
 tenure, defcent, alienation, incumbrances, and 
 fettlement of real eftates, and the diftribution of 
 perfonal property of perfons dying inteftate ; fo on 
 the other hand, it will be the duty of the legifla- 
 tive Council to confider well in framing fuch or- 
 dinances, as may be neceffary for the eftablilhmcnt 
 of courts of juftice, and for the better adminiftra- 
 tion of juftice ; whether the laws of England may 
 not be, if not altogether, at leaft in part, the 
 rule of decifion in all cafes of perfonal adtions, 
 grounded upon debts, promifes, contradts, and 
 agreements; whether of a mercantile or other ma- 
 
 F ture ; 
 
C 34 ] 
 
 ture; and alfo of wrongs, proper to be cornpen-* 
 fated in damages ; and more efpecially where our 
 natural-born fubje<fl:s of Great-Britain, Ireland, 
 or our other Plantations, refiding at Quebec, or 
 who may refort thither, or have credit or property 
 within the fame ; may happen to be either plaintiff 
 or defendant, in any civil fuit of fuch a nature. 
 
 13th, Security to perfon^l liberty, is a funda- 
 mental principle of juftice in itll free governments ; 
 and the making due provifion for that purpofe, is 
 {in objedt the legiflature of Quebec ought never 
 to lofe fight of ; nor can they follow a better ex- 
 ample than that which the common law of this 
 kingdom hath fet, in the provifion made for a 
 writ of habeas corpus, which is the right of every 
 Britifh fubjedt in this kingdom, 
 
 17th, You fhall notdifplace any of the judges, 
 juftices of the peace, or other officers or miniflers, 
 without good and fufficient caufe ; which you fhall 
 lignify to us by one of our principal Secretaries of 
 State, or to our Commiffioners for Trade and 
 Plantations, for their information. 
 
 After the Chief-Juftice’s anfwer was delivered 
 and read, he would have proceeded to adduce his 
 proofs in fupport of all he had alledged ; but their 
 I-ordfhips thought proper to defer the bufinefs to 
 ^fuefday the zzd of December, in order that Sir 
 
[ 35 3 
 
 Guy Carleton might have notice. On which day. 
 Sir Guy Garleton having lignified by letter, that 
 be chofe to decline being prefent, and the Chief- 
 Juftice appearing, he was heard, and fome of his 
 proofs were adduced, till their Lordfliips thought 
 proper to tell him^ he need give himfelf no fur* 
 ther trouble^ 
 
 The Lords of Trade and Plantations made their 
 reprefentation to his Majefty on the 2d March, 
 1 779, in the following words : 
 
 “ In obedience to yoUr Majefty’s commands, 
 we have taken into bur confideration the humble 
 “ Memorial of Peter Livius, Efq; appointed by 
 “ your Majefty to be Chief-Juftice of the Pro- 
 ** vince of Quebec, complaining of his having 
 ^ been amoved from his faid office by order of 
 “ Sir Guy Carletonj Knight of the Bath, late your 
 “ Majefty’s Governor of that Province, without 
 affigning any caufe, and without authority for 
 “ fo doing; and praying that Sir Guy Carleton 
 “ may be now required to allign the reafons for 
 his amoval, and that the fame may be enquired 
 “ into; we have thereupon, in purfuance of our 
 ** duty, required of Sir Guy Carleton, a corhmu- 
 *' nication of the reafons which induced him to 
 difplace Mr. Livius ; and having received for 
 “ anfwer, that he ftated thofe reafons in one of his 
 ** laft letters to Lord George Germain, one of your 
 F 2 “ Majefty’s 
 
[ 3 ^ 3 
 
 « Maiefty’s principal Secretaries of State, and had 
 referred his Lordlhipfor proof of the neceflity of 
 them^afureto the minutes of thelegiflativeCoun- 
 « cil in their lalT: feffion ; we have examined thofe 
 Minutes, together with the letter referred to by 
 “ Sir Guy Carleton (copy of which has been com- 
 municated to us by Lord George Germain) and 
 “ having made known to Mr. Livius the matters 
 
 O 
 
 “ In charge againfl; him, we did appoint a day for 
 « hearing him in his defence, and gave notice 
 “ thereof to Sir Guy Carleton, that he might at- 
 “ tend and make good the reafons affigned for his- 
 “ anioval j but he fubmitting, whether his atten- 
 “ dance might be neceflary, as his charge was 
 “ confined to the papers before us, we proceeded, 
 “ on the day appointed, to hear and confiderwhat 
 “ Mr. Livius had to offer in his juftification and- 
 « defence, and now beg leave, humbly to repre- 
 “ fent unto your Majefty ; 
 
 • That before we proceed to examine the pa- 
 pers to which w'e are referred for proofs of Mr.. 
 Livius’s mifcondud, we think it neceflary to 
 premife, that no part of the charges contained in 
 
 ** thofe papers, apply to impeach the Chief* ** Juftice 
 “ in his judicial charadter and capacity in any 
 particular; and it is our duty here to obferve,- 
 that your Majefty, by the feventeenth article 
 of your inftruftions to the Governor of Quebec,^ 
 “ w'as gracioufly pleafed to dircdl, that he Ihould 
 
 3 “ not 
 
C 37 ] 
 
 not difplace any of the judges, juftices of the 
 peace, or other officers or minifters, without 
 “ good and fufficient caufej w'hich he was to fig- 
 “ nify in the fulleft and moft diftindl manner to 
 ** your Majefty, by one of your Majefty’s princi- 
 “ pal Secretaries of State, and to your Majefty’s 
 Commiffioners for Trade and Plantations, for 
 “ their information. We lhall now proceed to 
 “ examine his condudt as one of the legiflative 
 “ Council, and beg leave thereupon to obferve 
 “ to your Majelly ; 
 
 “ That it does appear to us, that your Ma- 
 jefty’s Council of Quebec, were called together 
 “ by the late Governor, for the purpofes of legif- 
 lation, on the 23d of March laft, and were 
 “ prorogued by his order, on the 25th of April 
 “ following ; that this was the firft and only 
 feffions of the legiHative Council at which the 
 Chief-Juftice was prefent ; and that during the 
 “ period of this feffion he conftantly attended ; 
 that upon the firft day of the meeting, the late 
 Governor being prefent, recommended to the 
 “ confideration of tfte Council, the regulation of 
 “ fees to be taken in the feveral offices; and that 
 upon the day following, they refolved them- , 
 felves into two committees for the purpofe of , 
 making the neceflary examinations and reports, . 
 “ preparatory to the framing an ordinance, the;. 
 ^ Chief-Juftice being chairman of the commit- 
 
 te^ 
 
[ 38 ] 
 
 tee for law fees ; that upon this occafion it ap= 
 “ pears on the minutes, that the Chief-Juftice 
 “ moved in the following words, viz* 
 
 That in order to regulate the fees, in compli- 
 “ ance with his Excellency’s the Governor’s re- 
 “ commendation, the Judges of the Courts of 
 “ Common Pleas, for the diftrifts of Quebec and- 
 Montreal j might be directed to furnilh a ftate of 
 “ the courfe of their proceeding in their refpedtive 
 Courts, and of fuch rules, orders, and notices of 
 pradiceas they have made to regulate the courfeof 
 “ their refpeaive Courts, in order that this Board 
 may receive the information neceflary to appor- 
 “ tion juftly the fees to be allowed to the labour 
 “ neceflary to be done/* 
 
 This motion being rejedlcd upon a divifion, 
 the Committee proceeded on their bufinefs, but 
 “ before they were prepared to make theit report, 
 “ it appears that Mr. FinlaVj joint Poftmafter of 
 “ America, and Mr. Grant, adling Receiver-Ge- 
 neral, each moved certain regulations for the 
 better managing and colledting your Majefty's 
 “ revenue within their refpe<5tive departments j 
 “ the Chief-Juftice voted for referring thefe to a 
 Committee in both inftances ; which were over- 
 “ ruled, and the reafons he afligns for fo doing, 
 “ are, becaufe thefe propofitions were offered by 
 ** thofe to whom your Majefty had committed the 
 
 ears 
 
[ 39 ] 
 
 care of the matters to which they referred ; and 
 “ becaufe it was, as he conceives, a breach of de- 
 “ cency in the proceedings to refufe them the 
 common attention of being confidered bv a 
 committee.” — “ When we ftate thefe proceed- 
 “ ings to your Majefty, we would not wifli to con- 
 “ vey any idea that it is upon them the late Go- 
 “ vernor founds his reafons r ww o i w for difplacing 
 “ the Cbief-Juftice, efpecially as your Majefty had 
 « in the eighth article of your royal inftrudtions 
 to your Governor, fignified your exprefs will 
 “ and pleafure, that he Ihould permit to all mem- 
 “ bers of the Council, to have and enjoy freedom 
 of debate and vote, in all affairs of public con- 
 cern that might be debated in Council : but we 
 “ lay thefe fadts before your Majefty, fimply as 
 “ they ftand on the minutes to which we are re- 
 ferred, that no particular of the proceedings, 
 wherein the Chief-Juftice diffented from the 
 “ prevailing fenfe of the Council, may be with- 
 held from view on this examination; at the 
 ** fame time alfo that we ftate thefe inftances, in 
 « yvhtch the Chief-Juftice divided againft the ma- 
 “ jority of the Council, we muft in juftice obfervei 
 “ that in cafe of certain propofitions as the foun- 
 “ dation of an ordinance, moved for by Mr, Cald- 
 well, one of the faid Council, and rejedted by 
 “ a majority, it is ftated by Mr. Livlus, that he 
 took part in the rejcdlion of thofe motions and 
 ** the ordinance thereupon dependant. 
 
 “ W« 
 
C 4:9 ] 
 
 “ We proceed now to confider what we muft 
 « believe to have been the efpecial caufe of Mr. 
 Livius’s removal ; the two following motions 
 made and propofed by him in Council i the firft 
 “ of which, we find in the minutes of the 8th of 
 “ April, in the following words : viz. 
 
 « The Chief-Juftice moved, that this Board 
 not having hitherto had communication of his 
 Majefty’s inftrudtions for making and paffing 
 laws in this province, his Excellency the Go- 
 “ vernor be humbly requefted to communicate to 
 this Board, fuch royal inftruftions as he may 
 have received relative to the legiflation of this 
 “ province, and he may think are proper to be 
 difclofed to us, in order that the legiflative 
 Council may dutifully endeavour to conform 
 « themfelves to his Majefty’s intentions j and they 
 “ may fo far as they are able, carry into effeft 
 his Majefty’s moft gracious purpofes for the 
 rf good government of his fubjedts in this pro- 
 vince,^ 
 
 This motion, conveyed in words to which no 
 ** exception feems to lie, is in effedf a call upon 
 “ the Governor to comply with your Majefty’s 
 “ commands, by imparting to the Council fuch 
 “ and fo many of your Majefty’s royal inftrudlions^ 
 “ as he may have been direfted to communicate, 
 “ or may find convenient fo to do j and it is our 
 
 duty 
 
** duty oti tliis occafion to obferve^ that if none 
 of your Majefty’s faid inftrUdllons had at that 
 “ time been laid before the Council Board, the 
 motion appears fully warranted by the yth ar- 
 “ ticlfe of your Majefty’s faid royal inftruftions; 
 “ by which article your faid Governor is direAed 
 forthwith to communicate fuch;, and fo many 
 “ of thofe your Majefty’s inftruftions to your faid 
 “ Council, wherein their advice and confent are 
 “ merttioned to be requifite ; as likewife all fuch 
 “ others, from time to time, as he fliould find 
 “ convenient for yoUr Majefty’s fervice, to be 
 imparted to them. By a communication of 
 “ thefe iiiftrutflions, particularly the loth, iith» 
 12th, and i3thi yoiir Majefty’s gracious ends 
 “ and defigns in the conftitution propofed for the 
 province of Quebec, and the efFedtual fecurity 
 “ to perfonal liberty held forth to all men under 
 “ the common law of this realm, would have 
 “ been fully manifefted ; neither do we fee, how 
 “ the faid Council, empowered as they are by adt 
 of parliament, to all purpofes of legiilatiort 
 “ jointly with the Governor^ could, without this 
 communication, be fo well inftrudted either in 
 “ their own duty, or in yOUr Majefty’s gracious 
 ‘‘ will and pleafure, as to what might be fitting to 
 be provided for by law within the province, 
 agreeably to the adt of parliament, intituled. 
 Ah adt for making rhore effedtual provifion for 
 G “ the 
 
C 4^ ] 
 
 « the government of the province of Quebec in 
 North America,” 
 
 « Wherefore left your Majefty’s prefent Cover- 
 nor fliould not in due time advert to this part 
 « of his duty, and left a conftitution, calculated 
 « to promote the welfare and happinefs of your 
 “ Majefty’s fubjeSs there^ and adapted to the pe- 
 “ culiar circumftances of that province, fhould be 
 « miftaken or withheld ; we are humbly of opi- 
 « nion, that it Ihould be given in iiiftruAion to 
 « the Governor, forthwith to comply with your 
 *' Majefty’s royal will and pleafure, fignified in the 
 « 7th article of your Majefty’s inftrudUons above 
 recited, by communicating to the Council, fuch 
 « and fo many of your Majefty’s inftrudtions,. 
 ** wherein their advice and confent are made re- 
 quilite, with fuch others, from time to time, as 
 “ as he ihould judge for your Majefty’s fervice to 
 be imparted. 
 
 “ We come now to confider the motion made 
 “ by the Chief-Juftice on the 23d day of April, 
 being the meeting of Council immediately an- 
 “ tecedent to their prorogation ; and this motion 
 « ftands on the Journal in the following words, 
 “ viz. 
 
 “ That, whereas by an adk of parlianlent for 
 “ the making more effedtual provifion for the go- 
 
 3, ♦♦ vernraent 
 
C 43 ] 
 
 •* vernment of this province, pafled in the 14th 
 year of his prcfent Majefty, it is enafted, that 
 “ it fhould be lawful for his Majefty, his heirs 
 “ and fucceflbrs, in m?inner therein expreffed, to 
 “ conftitute and appoint a Council for the affairs 
 “ of the province of Quebec, to confift of per- 
 “ fons refident there, not exceeding twenty-three, 
 “ nor lefs than feventeen j that his Excellency the 
 Governor was pleafed, by an order of the Sth 
 ** of Auguft 1776, to appoint a Council (calling 
 “ the fame a Privy-Council) to confift only of five 
 “ particular perfons in the faid order named, and 
 “ of fuch others as the Lieutenant Governor 
 fliould think proper to fend for, 
 
 “ That by virtue of the faid order, the five per- 
 “ fons in the faid order named repeatedly, in dif- 
 “ ferent aflfairs of different natures, have taken 
 upon themfelves to aft as a Council for the af- 
 fairs of the province of Quebec, in oppofition 
 to the faid aft of parliament, and in exclufioti 
 “ of his Majefty's Council for the affairs of the 
 province of Quebec, legally conftituted and 
 appointed according to the faid aft. 
 
 That the accounts of the expenditures of all the 
 public monies for the ufe of this Province, have 
 been examined only by thefe five perfons, or 
 fuch others as the Lieutenant Governor chofc to 
 fend for, and afterwards have been reported by 
 • G 2, them 
 
L 44 ] 
 
 ‘f them to the Governor, and by him approved 
 in the prefence indeed of the legal Council, but 
 without their interference, approbation, or con- 
 “ fent. 
 
 “ That the faid approbation of the Governor in 
 “ the prefence of the legal Council, by fome ac- 
 “ cident, has been entered in the journals in 
 “ words that may naturally be underftood to mean, 
 “ that the faid accounts haye received the appro- 
 “ bation and fandtion of his Majefty’s legal CouHt 
 “ cil for the affairs of this Province. 
 
 “ That thefe proceedings are irregular and il- 
 “ legal, tend to introduce confufion, uncertainty, 
 and difeontent ; and if not timely remedied, 
 “ will give opportunity, and means of collufiqn 
 “ and impunity to future peculation and perver-t 
 “ fion of publip money under any future Gp, 
 yernor. 
 
 “ The Chief-Juftice therefore moved, that an 
 humble addrefs be prepared, and prefented to 
 “ his Excellency the Governor, ftating the pre- 
 mifes, and humbly praying, that he will be 
 pleafed to order convenient remedy.” 
 
 This rnotion, though confiding of feveral 
 “ claufes, ftrlkes us as containing an affertion, 
 « which It behoves ps in the firft place to examine 
 into and confider, 
 
 « The 
 
t 45 ] 
 
 ** The fadl aflerted by this motion is, that your 
 Majefty’s then Governor was pleafed, by order 
 “ of the 8th day of Auguft, 1776, to appoint a 
 Council (calling the fame a Privy Council) to 
 “ confift only of five particular perfons in the faid 
 “ order named, and of fuch others as the Lieu- 
 tenant Governor Ihould think proper to fend 
 for ; and the motion goes on to fay, that the 
 “ five perfons fo named, have proceeded to adt, 
 to the exclufion of your Majefty’s Council le- . 
 gaily conftituted in the Adt of Parliament 
 above-mentioned. 
 
 The numbers of your Majefty’s Council af- 
 certained by this Adt of Parliament, to which 
 “ the motion refers, are to confift of not lefs than 
 ** feventeen, nor more than twenty-three mem- 
 ** bers ; and of this Council, not lefs than a ma- 
 jority are to co-operate with the Governor in all 
 “ adts of legiflation. Thus the regulation ftood 
 “ under the Adt of Parliament, when your Ma- 
 f‘ jefty judging it probable, that occafions might 
 “ arife, when the advice and confent of the Coun- 
 cil might be wanted in other matters, befides 
 “ adts of legiflation, when a majority of the 
 5* whole could not conveniently be aflTembled, 
 was pleafed to diredt (and it ftands as the fecond 
 “ article of your Majefty’s royal inftrudtions to 
 “ your late Governor) that any five of the faid 
 f‘ Council Ihould couftitute a board of Council 
 
 “ for 
 
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 t 46 ] 
 
 for tranfadting all bufinefs in which their advice 
 and confent may be requifite, ads of legiflation 
 only excepted, in which he is not to aft without 
 a majority of the whole. 
 
 By this inftruftion it appears^ that the Go- 
 vernor is impowered to proceed upon bufinefs 
 (afts of legiflation only excepted) with a board 
 of five Counfellors, if more do not attend his 
 fummons ; but it does not, as we conceive, de- 
 legate authority to him to feleft and appoint 
 any fuch perfons by name, as he fliall think fit 
 to make a Quorum ; or extend to excufe him 
 from calling into Council all fuch thereunto 
 belonging, as are within convenient diftance 
 from the place of meeting. In this fenfe of your 
 Majefty’s inftruftion, we humbly recommend it 
 to your Majefty, to direft a fecond additional 
 inftruftion to your Governor, which, by en- 
 joining a difcontinuance of the mode hitherto 
 purfued, of nominating and appointing what 
 has been termed a Privy Council, may, by an 
 explanation of the fecond article of your Ma- 
 jefty’s general inftruftions, confirm to the Coun- 
 cil at large the trufts, powers, and privileges, 
 intended to be repofed and vefted in them by 
 your Majefty’s faid general inftruftions. This 
 being fubmitted, it is our duty to lay before 
 your Majefty, the proceeding tp which the 
 Chief-Juftice’s motion refers j and wc find, in 
 
 the 
 
[ 47 3 
 
 the minutes of the Council of the 8th of Augutf, 
 « 1776, that the Governor, with the Lieutenant 
 “ Governor, Hugh Finlay, Thomas Dunn, John 
 “ Collins, and Adam Mabane, being the only 
 “ members prefent, appointed the faid five mem- 
 “ bers a board of Privy Council ; and ordered, 
 “ that they examine and report upon the provin- 
 “ cial accounts down to the firft of May laft ; the 
 military contingent accounts for the defence of 
 “ the Province, to the time of difcharging the 
 militia of the city of Quebec ; the Indian con- 
 “ tingent accounts, including the bills drawn at 
 “ Ofvvegatche, Niagara, Detroit, and Michilima- 
 kinac •, and all other accounts which may be 
 “ laid before them by his Excellency’s orders : 
 that they enquire into the ftate of the Province 
 ” with- regard to provifions, both in wheat and 
 “ live flock, which it is capable of furnifhing to 
 ** his Majefly’s troops, over and above the con- 
 “ fumption of the inhabitants; and that they 
 “ forthwith give their opinion to his Excellency, 
 ” upon the propriety of flopping, the exportation 
 ** of thofe articles. 
 
 That they take into confideration the fees of 
 ** the different offices, and of the attornies of the 
 different courts of juflice in the Province, and 
 ** caufe a lifl thereof to be made out, and laid be« 
 fore his Excellency, 
 
t 48 1 
 
 ‘‘ That they alfo take into confideratioh tKft 
 regulation of the police of the Province; and 
 “ caufe commiffions to be prepared for conftituting; 
 
 “ an inferior criminal jurifdiiftion in the ref]3ec* 
 “ tive diftridis of Quebec and Montreal. 
 
 ‘‘ That the Lieutenant Governor rHay caufe 
 any other member or members of the Council 
 ‘‘ to be fummoned to alTift at the Board, when- 
 “ ever he lltall think it neceflary to confider of 
 any matters regarding the tranquillity and good 
 order of the Province.” 
 
 Having thus at large recited the rhiniites to 
 ** which the motion refers, the whole of Mr. 
 “ Livius’s condudt in Council is before your Ma- 
 « jefty, and fubmitted to your royal wifdomj 
 “ but your Majefty having bfeen pleafed to re- 
 “ quire our opinion in the cafe, it is our duty to 
 fay, that although it were much to be withedj 
 that the laft of the above recited motibhS had . 
 “ been propounded in terms mbrfe ftUdioufly 
 guarded, and to appearance not fo offenfive to 
 " the Governor ; yet upon a full review of thefe 
 proceedings, without any difeuflion of the au- 
 thority alfumed by the Governor in the mode 
 of removal, there does riot appear to us good 
 and fufficient caufe for difplacing Mr. Livius, 
 efpecialiy when we confider, what has been be- 
 fore obferved, that no complaint or imputation 
 
 ‘‘ whatever 
 
[ 49 ] 
 
 « whatever has been preferred againft him in his 
 
 judicial capaciry/’ 
 
 S. JENYNS, 
 
 B. GASCOYNE^ 
 
 . W. JOLLYFFE, 
 
 C. GREVILLE, 
 
 T. DE GREY. 
 
 His Majefty was pleafed to refer this reprefen- 
 tation to the Lords of the Committee of Council 
 for plantation affairs, who gave notice to Sir Guy 
 Carleton to attend, but he declining it as before 
 their Lordfhips made their report in this man- 
 ner. * 
 
 Your Majefly having been pleafed, by your 
 order in Council of the 19th of this inflanr, tp 
 refer unto this Committee, a reprefentation from 
 the Lords Commiffioners for Trade and Plantati- 
 ons, dated the 2d of this inftant, in the words 
 following, viz. 
 
 Here was inferred the foregoing reprefen- 
 tation of the Lords of Trade and Plan- 
 tations, and then the Lords of the Com- 
 mittee went on with their report in this 
 manner, 
 
 • There were prefent in the Committee of Council, the 
 Karl of Gower, Lord Prefident ; the Earl of Marchmont, 
 Lord George Germaine, General Conway, Sir Eardley Wil- 
 mot, and Sir Thomas Parker. 
 
 . H The 
 
■ C iiM 
 
 The Lords of the Committee^ in obedience 
 « to your Majefty’s faid order of reference, this 
 “ day took the faid reprefentation into confide- 
 ** ration, and do agree humbly to report to youf 
 Majefty^ that they concur in opinion with the 
 ** Lords Commiffioners for Trade and Plantations^ 
 that there was not gopd and fufhcient caufe for 
 difplacing the faid Peter Livius, Efq. from the 
 “ office of Chief-Juftice of the province of Que- 
 bee, and that he fhould be reftored to his faid 
 ** office ; and the Lords of the Committee hav- 
 ing thought proper to diredt the faid Lords 
 Conymiffioners* to prepare the draughts of two 
 additional inftrudlions for the Governor of 
 Quebec, the one enjoining and requiring your 
 “ Majefty’s Governor of the faid province, forth- 
 “ with to comply with your Majefty’s royal will 
 “ and pleafure, fignified in the 7th article of yeur 
 “ Majefty’s general inftrudlions, by communi- 
 eating to the Council of the faid province, fuch 
 “ and fo many of your Majefty’s inftrudlions^ 
 “ wherein their advice and confent are made re- 
 ** quifite, with fuch others, from time to time, 
 as he lhall judge for your Majefty's fervice to 
 “ be imparted ; the other, explaining the 2d ar- 
 tide of your Majefty’s faid general inftrudtions, 
 conformable to what is propofed, by the faid 
 *' reprefentation of the Lords Commiffioners for 
 ** Trade and Plantations, and confirming to the 
 
 “ faid 
 
t ] 
 
 faici Council at large, the trufls, powers, and 
 “ privileges intended to be repofed and vetted in 
 “ them by your Majefty’s faid general inttruc- 
 “ tions, which draughts the faid Lords Commif- 
 “ lionets having accordingly prepared, the Lords 
 “ of the Committee take leave to lay the faid 
 “ draughts of additional inftrudtions before your 
 “ Majetty, for your royal approbation.” 
 
 irpVC/ 
 
 This Report his Majetty was pleafed to appoint 
 and confirm in manner following: 
 
 At the Court at St, James’s, the 29th March, 
 i779« 
 
 Prefent, 
 
 The King’s mott Excellent Majetty, 
 
 Lord Prefident, 
 
 Duke of Northumberland, 
 
 Earl of Carlille, 
 
 Earl Nugent, 
 
 Lord George Germaine, 
 
 Vifcount Weymouth, 
 
 Humphry Morrice, Elq. 
 
 Charles Townlhend, Efq. 
 
 Whereas there was this day read at the Board, 
 a report from the Right Honourable the Lords of 
 the Committee of Council for Plantation affairs, 
 dated this day ; viz. ■ 
 
 Here 
 
[ i:» 3 ' 
 
 f :: ' inferted the report of the Coirtw 
 
 f • niittee of Council, including the repre- 
 
 fentation of the Lords Commiffioners for 
 Trade and Plantations, and then the 
 order was continued in this manper. 
 
 His Majefty taking the faid report into con- 
 fideration, is pleafed, with the advice of his Privy 
 Council, to approve thereof; and to order, that 
 the Right Honourable Lord George Germaine, 
 one of his Majefty’s principal Secretary’s of State, 
 do receive his Majefty’s royal pleafure for reftoring 
 the faid Peter Livius, Efq; tp his office of Chief- 
 Juftice of the Province of Quebec. And his Ma- 
 jcfty is hereby further pleafed, to approve of the 
 .faid draughts of two additional inftrudtiops to the 
 Governor of Quebec (which are hereunto annex- 
 ed;) and to order, that the Right Honourable 
 Lord George Germaine do prepare the faid 
 draughts of inftrudions for his Majefty’s royal 
 lignature. 
 
 (Signed) 
 
 STEPHEN COTTRELL* 
 
 the end.