The governors of the two provinces are totally independent of each other in their civil capacity: in military affairs, the governor of the lower province takes precedence, as he is usually created captain general of his Majesty’s forces in North America.
QUEBEC BILL.
The present system of judicature in each province was established by the Quebec bill of 1774. By this bill it was enacted, that all persons in the country should be entitled to hold their lands or possessions in the same manner as before the conquest, according to the laws and usages then existing in Canada; and that all controversies relative to property or civil rights should also be determined by the same laws and usages. These old laws and usages, however, were not to extend to the lands which might thereafter be granted by his Britannic Majesty in free and common socage: here English laws were to be in full force; so that the English inhabitants[[33]], who have settled for the most part on new lands, are not subject to the controul of these old French laws, that were existing in Canada when the country was conquered, except a dispute concerning property or civil rights should arise between any of them and the French inhabitants, in which case the matter is to be determined by the French laws. Every friend to civil liberty would wish to see these laws abolished, for they weigh very unequally in favour of the rich and of the poor; but as long as the French inhabitants remain so wedded as they are at present to old customs, and so very ignorant, there is little hope of seeing any alteration of this nature take place. At the same time that the French laws were suffered by the Quebec bill to exist, in order to conciliate the affections of the French inhabitants, who were attached to them, the criminal law of England was established throughout every part of the country; “and this was one of the happiest circumstances,” as the Abbé Raynal observes, “that Canada could experience; as deliberate, rational, public trials took place of the impenetrable mysterious transactions of a cruel inquisition; and as a tribunal, that had theretofore been dreadful and sanguinary, was filled with humane judges, more disposed to acknowledge innocence than to suppose criminality.”
[33]. I must observe here once for all that by English inhabitants I mean all those whose native language is English, in contradistinction to the Canadians of French extraction, who universally speak the French language, and no other.
The governor, the lieutenant governor, or the person administering the government, the members of the executive council, the chief justices of the province, and the judges of the court of king’s bench, or any five of them, form a court of appeal, the judges however excepted of that district from whence the appeal is made. From the decision of this court an appeal may be had in certain cases to the King in council.
TOLERATION.
Every religion is tolerated, in the fullest extent of the word, in both provinces; and no disqualifications are imposed on any persons on account of their religious opinions. The Roman Catholic religion is that of a great majority of the inhabitants; and by the Quebec bill of 1774, the ecclesiastics of that persuasion are empowered by law to recover all the dues which, previous to that period, they were accustomed to receive, as well as tithes, that is, from the Roman Catholic inhabitants; but they cannot exact any dues or tithes from Protestants, or off lands held by Protestants, although formerly such lands might have been subjected to dues and tithes for the support of the Roman Catholic church. The dues and tithes from off these lands are still, however, to be paid; but they are to be paid to persons appointed by the governor, and the amount of them is to be reserved, in the hands of his Majesty’s receiver general, for the support of the Protestant clergy actually residing in the province.
By the act of the year 1791, also, it was ordained, that the governor should allot out of all lands belonging to the crown, which, should be granted after that period, one-seventh for the benefit of a Protestant clergy, to be solely applicable to their use; and all such allotments must be particularly specified in every grant of waste lands, otherwise the grant is void.
With the advice of the executive council, the governor is authorized to constitute or erect parsonages or rectories, and to endow them out of these appropriations, and to present incumbents to them, ordained according to the rites of the church of England; which incumbents are to perform the same duties, and to hold their parsonages or rectories in the same manner as incumbents of the church of England do in that country.
The clergy of the church of England, in both provinces, consists at present of twelve persons only, including the bishop of Quebec; that of the church of Rome, however, consists of no less than one hundred and twenty-six; viz. a bishop, who takes his title from Quebec, his “coadjuteur élu,” who is bishop of Canathe, three vicars general, and one hundred and sixteen curates and missionaries, all of whom are resident in the lower province, except five curates and missionaries.