Travels through the states of North America, and the provinces of Upper and Lower Canada, during the years 1795, 1796, and 1797 [Vol. 1 of 2]Weld, Isaac
History
Travels through the states of North America, and the provinces of Upper and Lower Canada, during the years 1795, 1796, and 1797 [Vol. 1 of 2]
Weld, Isaac
Canada -- Description and travel -- Early works to 1800; United States -- Description and travel -- Early works to 1800
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.”
Footnote 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.
[Sidenote: TOLERATION.]
Public-domain text, read in full here on John Shaqi.
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