B.079 – MINUTES OF THE LEGISLATIVE COUNCIL AT QUEBEC-1779 to 1784.

B.79. – BM. 21,739

MINUTES OF THE LEGISLATIVE COUNCIL AT QUEBEC-1779 to 1784.

1779/01/11 to 1779/01/16

• Report received that the Governor and all the members of Council had qualified. (Page 1) – SN: 079001

• The Governor’s speech is by permission entered on the Minutes in French and English. Address in reply to be drawn by committee. Ordinances “To regulate the Courts of Civil Judicature “For regulating the Militia” and “To empower the Commissioners of the Peace to regulate the Police of Quebec and Montreal.” (Page 2) – SN: 079002

• Report of address in answer to speech adopted, &c., and the ordinances, the titles of which were read the previous day, considered in committee. (Page 6) – SN: 079003

• Address, in reply to the speech, presented to the Governor, in French and English. First readings of ordinances. (Page 10) – SN: 079004

• Second and third readings of ordinances. (Page 15) – SN: 079005

• Ordinances assented to. (Page 18) – SN: 079006

1780/01/27 to 1780/03/09

• Governor’s speech. (Page 20) – SN: 079007

• Additional instructions to the Governor laid on the table. Committee appointed to consider the high price of wheat and flour, and fixing the fees of office. (Page 22) – SN: 079008

• Routine proceedings. Motion to revise the ordinance as to post horses and carriages, to prevent imposition on the public. (Page 24) – SN: 079009

• Evidence given as to the price of wheat. Proposed ordinances. Memorandum as to post men between Quebec and Montreal. (Page 26) – SN: 079010

• Motions as to the price of wheat and flour, and heads of ordinance agreed to. (Page 27) – SN: 079011

• Debate as to the King’s additional Instructions to the Governor. (Page 30) – SN: 079012

• Mr. Allsopp’s motion as to the additional instructions rejected, Adoption of Colonel Caldwell’s, as to whether an ordinance as directed would be for the advantage of the province, and would tend to more speedy justice. Reasons for votes given by several members engrossed in the Minutes. Committee appointed to represent the views of the Council as to the inexpediency of the proposed ordinance. Resolution passed that no copy of papers laid before the Council be taken. Motion that extracts or notes may be made adopted. Mr. Fraser’s motion to reconsider the vote on the resolution to fix the price of wheat and flour laid on the table. Draughts of ordinance respecting wheat and flour and of an address to the Governor. (Page 32) – SN: 079013

• Opinion of the Attorney General to be taken as to the power of the Council to fix: the price of wheat and flour. with additional questions moved by Mr. Allsopp. Committee to draught an ordinance as to forestallers, &c. Royal instructions as to courts of law laid before the Council. (Page 44) – SN: 079014

• Reports as to forestallers, &c., and ordinance respecting post houses. (Page 47) – SN: 079015

• Report of the Attorney General as to the power of the Council to fix the price of wheat and flour, &c. Believes the Council has no power to fix the price. Heads of an ordinance to reduce the high price of wheat and flour to lie on the table. Report as to law fees. Motion that the Attorney General cannot address the President of the Council unasked. First reading of ordinance to prevent the exportation of wheat and flour. (Page 49) – SN: 079016

• Read the heads of an ordinance declaratory of the laws of England as to forestallers, &c. Mr. Finlay’s proposal as to the mode of debating and passing bills. (Page 59) – SN: 079017

• Second reading of ordinance to prevent the exportation of wheat, &c. Resolved that the price of wheat be not fixed. Resolved that the .Attorney General cannot address the President of the Council unasked on any subject under discussion. (Page 60) – SN: 079018

• Discussion on the laws relating to forestallers, &c. Committee appointed to draw up rules for conducting the business of the Council. List of fees, &c. (Page 62) – SN: 079019

• Draughts of ordinances relating to fees; to prohibit the export of wheat, and that relating to forestallers, &c. (Page 65) – SN: 079020

• Further proceedings with respect to ordinances and table of law fees. (Page 66) – SN: 079021

• Proceedings with respect to the ordinances on fees. (Page 67) – SN: 079022

• Discussion of the ordinance relating to forestallers, &c. (Page 68) – SN: 079023

• Ordinance as to forestallers passed. Address to the Governor. List of all judgments of the Court of Common Pleas appealed to be prepared. The ordinance respecting posts. (Page 71) – SN: 079024

• Draught of the ordinance respecting posts returned to the Attorney General for amendment. List of cases appealed, which is given. (Page 77) – SN: 079025

• Ordinance relating to posts passed. Address presented to Governor. (Page 79) – SN: 079026

• Address to the Governor transmitted to Committee for reconsideration. Mr. Allsopp’s protest.

• Copy of address respecting the courts of law sent to the Governor. (Page 79) – SN: 079027

• Address to the Governor adopted, giving the reasons for the Council’s opinion that the passing of an ordinance in conformity with the royal instructions would not tend to the good of the Province, nor to a speedier or more impartial administration of justice. Address presented. Action of Mr. Allsopp thereon. (Page 97) – SN: 079028

• Further proceedings and protests, &c., in reference to the address to the Governor as first sent and as amended. (Page 103) – SN: 079029

• Governor desires the Council to close proceedings. .Explanation and apology by Mr. Allsopp for the expressions used in his protest. Motion to reprimand Mr. Allsopp introduced by Colonel Caldwell, but allowed to lie on the table. (Page 105) – SN: 079030

• Prorogation of Council. (Page 110) – SN: 079031

1780/04/04 to 1780/04/12

• Meeting of Council, Governor’s speech. (Page 111) – SN: 079032

• Altering the title of the ordinance against forestallers, &c. Motions, &c., presented. (Page 112) – SN: 079033

• Proceedings with respect to the ordinances against forestallers, &c. (Page 114) – SN: 079034

• Attorney General’s opinion as to the power of the Legislature in respect to the infliction of penalties by the ordinance regarding forestallers, Proceedings and discussion on the forestaller’s ordinance. (Page 116) – SN: 079035

1780/04/04 to 1780/04/12

• Adjourned on account of the Court of Appeals. (Page 122) – SN: 079036

• Ordinance passed and appeal entered. (Page 122) – SN: 079037

• Ordinance as to forestallers assented to. (Page 123) – SN: 079038

1781/01/16 to 1781/01/20

• Opening of the session and Governor’s speech. (Page 124) – SN: 079039

• Resolutions passed to continue ordinances with respect to Courts of Civil Judicature, to the regulation of the Militia, to empower the Commissioners of the Peace to regulate the Police in Quebec and Montreal, were read a first time. (Page 126) – SN: 079040

• Committee appointed to draught an address to the Governor. Ordinances read second and third times and passed. Address to the Governor read, presented and replied to. (Page 129) – SN: 079041

• Ordinances assented to and Council prorogued. (Page 133) – SN: 079042

1781/08/30

• Opinion of the law officers of the Crown that the Legislative Council have power to fix the price of wheat and flour and to compel the sale of the same. Ratification of the ordinance relating to Posts. Copies of private instructions from the King laid before the Council, relating to courts of justice. (Page 134) – SN: 079043

1782/02/02 to 1782/02/16

• Opening of session and Governor’s speech. (Page 141) – SN: 079044

• Committee to draught address to the Governor. Draughts of ordinances to prevent the exportation of grain; to prevent fore-stalling, &c., to regulate Post houses, read a first time, and the ordinances founded on these read a first time. (Page 141) – SN: 079045

• Statement of attorneys at law heard. Address to Governor approved of. Ordinances read a second time. Proposed ordinance by Colonel Caldwell. (Page 146) – SN: 079046

• Colonel Caldwell’s proposal negatived. Progress of the ordinances. (Page 148) – SN: 079047

• Adress presented to the Governor with his reply. Progress of the ordinances, with those relating to fees and to the writ of lw.beas corpus. Resolved that every member present shall vote on all questions submitted. (Page 148) – SN: 079048

• Heads of ordinance relating to prerogative court read in committee. Ordinance relating to the abandon of cattle brought in. (Page 159) – SN: 079049

• Ordinances assented to. Ordinances brought in by Mr. Allsopp and the royal instructions read. The first Ordinance as to Juries agreed to be read. The other two, relating to habeas corpus and its suspension, deferred. Progress of ordinance relating to abancWR. Ordinance proposed es to intestatee states, and declaring the age of majority. (Page 160) – SN: 079050

• Ordinance respecting intestates rejected. Committee appointed to frame heads of ordinance as to the age of majority. Considera. tion of motion as to assize of bread deferred. Question as to the power of the Council to fix the price of bread rejected. (Page 163) – SN: 079051

• Progress of the ordinances as to the age of majority, and as to abandon of cattle. (Page 166) – SN: 079052

• Consideration of ordinance as to grants deferred till next session, Ordinances concerning the abandon of cattle and fixing the age of majority passed. (Page 166) – SN: 079053

• Ordinance respecting the age of majority assented to, that concerning the abandon of cattle reserved, and Oonneit prorogued. (Page 169) – SN: 079054

1783/01/17 to 1783/02/05

• Opening of the Council and Governor’s speech. (Page 170) – SN: 079055

• Address in reply to Governor’s speech ordered. Report of Grand Voyer as to bridge at Boucherville read. (Page 172) – SN: 079056

• Address in reply to Governor’s speech. Ordinance as to Courts of civil judicature considered. Committee appointed, to draw up rules for conducting the business of the Council. (Page 173) – SN: 079057

• Second reading of ordinance to regulate the Courts of civil judicature j first reading of ordinances for regulating the militia, and to empower the Commissioners of the Peace to regulate the police of Quebec and Montreal. (Page 175) – SN: 079058

• Progress of ordinances. (Page 176) – SN: 079059

• do do (Page 177) – SN: 079060

• Progress of ordinances; presentment of Grand Jury of Montreal as to the insufficienoy of the prison there, and asking authority to raise money by lottery to build one. Resolution as to habeas corpus to be considered at next meeting. (Page 177) – SN: 079061

• Ordinance to be framed to authorize the raising of money by lottery to build a prison at Montreal. Draughts of ordinances submitted. Resolution as to the authority for confirming proces-verbaux laid over. (Page 179) – SN: 079062

• Agreed that the Governor and Council of State are to confirm proces-verbaux. Reasons of dissent. (Page 180) – SN: 079063

• Lottery ordinance read a first time. Committee to consider the most effectual means to stop the progress of the St. Paul’s Bay disorder. Motion for ordinance to have burial places outside of towns rejected. (Page 182) – SN: 079064

• Reports as to rules of procedure of the Council presented. Second reading of Lottery ordinance and those relating to Militia and Police. (Page 183) – SN: 079065

• Third reeding of Lottery ordinance. Report as to the St. Paul’s Bay disorder. (Page 183) – SN: 079066

• Address founded on report on St. Paul’s Bay disorder, to he presented to the Governor. The Councillors agree to subscribe voluntarily toward a fund to relieve the distress caused by the St. Paul’s Bay disorder. (Page 184) – SN: 079067

• Address signed. Ordinances assented to. Address read on the St. Paul’s Bay disorder. Reply and prorogation. (Page 185) – SN: 079068

1784/03/22 to 1784/04/29

• Meeting of Council and Governor’s speech. (Page 189) – SN: 079069

• Rules of procedure agreed to. Committee appointed to draught an address in reply to the speech. Committee appointed to draw up heads of an ordinance to register Deeds of Houses, Lands, &c. (Page 191) – SN: 079070

• Address in reply agreed to; proposed ordinances respecting Physicians, Surgeons, &c.; to continue that respecting Posts; respecting the Examination of Notaries, &c. Motion for committee to consider the state of the St. Lawrence navigation. Fees to be considered. (Page 192) – SN: 079071

• Presentation of address and reply. (Page 195) – SN: 079072

• Draught of ordinance for better securing the liberty of the subject. Motion to consider the navigation of the St. Lawrence; the state of the fisheries, and the proper means of raising the militia. (Page 198) – SN: 079073

• Captain Schank examined on the navigation of the St. Lawrence. Resolved to discuss no other business till the Governor’s recommendations have been considered. Post and Fee ordinances read. Report on lottery presented. (Page 200) – SN: 079074

• Report of Committee on Register of Deeds presented. First reading of Habeas Corpus ordinance. (Page 201) – SN: 079075

• Proceedings on the Post ordinance. (Page 201) – SN: 079076

• List of buoys necessary for the navigation of the St. Lawrence. Progress of ordinances. (Page 202) – SN: 079077

• Council in Committee of the Whole on Habeas Corpus. (Page 204) – SN: 079078

• Proceedings on the Habeas Corpus ordinance. (Pages 204 to 207) – SN: 079079

• Proceedings on the Habeas Corpus ordinance, Admittance refused to strangers asking admission to hear the debates. (Page 210) – SN: 079080

• Rules proposed for admitting the public to hear debates; dissent from resolutions to exclude, &c. Renewed application for admission and refusal. Further application and answer, dissents recorded. Progress of the Habeas Oorpus ordinance. (Page 212) – SN: 079081

• Progress of the Habeas Corpus ordinance. (Page 223 to 226) – SN: 079082

• Habeas Corpus ordinance fully considered. (Page 228) – SN: 079083

• Progress of the Fee and Registry ordinance. (Page 229) – SN: 079084

• Dissents as to the Habeas Corpus ordinance. Observations from the religious orders and convents received. Proposal adopted to delay further Legislation. Proposed address respecting the Quebec Act. Post ordinance to be transmitted. (Page 229) – SN: 079085

• Petition for a Legislative Assembly proposed by Mr. Grant. Third :reading of the Habeas Corpus ordinance. Amendment to the Habeas Corpus ordinance so far as it related to religious communities adopted. Progress of Post and Fee ordinances. (Page 242) – SN: 079086

• Dissent from the vote to amend the Habeas Corpus ordinance. Further proceedings connected with this ordinance. (Page 249) – SN: 079087

• Further proceedings on the Habeas Corpus ordinance. (Page 253) – SN: 079088

• Voting on motion by M. St. Luc on the continuance of the Quebec Act. Address founded on the motion transmitted. (Page 251) – SN: 079089

• Dissent against M. St. Luc’s motion. Letters to and from the Bishop of Quebec concerning the clause in the Habeas Corpus ordinance affecting religious communities. (Page 256) – SN: 079090

• Farther dissent from M. St. Luc’s motion. Presenting address to the Governor; the reply; ordinances assented to and prorogation. (Page 271) – SN: 079091