manders and officers, commiffions to execute the law martial during the time of war, according to the directions of an act paffed in the twenty-fecond year of the reign of our late royal grandfather, intituled, "An act for amending, explaining, and reducing into one act of parliament, the laws relating to the government of his Majefty's fhips, veffels, and forces by fea" and to ufe fuch proceedings, authorities, punishments, corrections, and executions upon any offender or offenders, who fhall be mutinous, feditious, diforderly, or any way unruly either at fea, or during the time of their abode or refidence in any of the ports, harbours, or bays in our faid province, as the cafe fhall be found to require, according to martial law; and the said directions, during the the time of war, as aforefaid. fioned by mit offences Provided, that nothing herein contained shall be construed This shall to the enabling you, or any by your authority to hold plea, not affect any officers, or have any jurifdiction of any offence, cause, matter, or &c. on thing committed or done upon the high fea, or within any board ships of the havens, rivers, or creeks of our faid province under commifyour government, by any captain, commander, lieutenant, the admimafter, officer, feaman, foldier, or perfon whatsoever, ralty, when who fhall be in actual fervice and pay, in or on board they comany of our fhips of war, or other veffels acting by imme- either on diate commiffion or warrant from our commiffioners for exe- the high sea, cuting the office of our high admiral of Great Britain, or or in any rifrom our high admiral of Great Britain for the time being, or haven. ver, creek, under the feal of our admiralty; but that fuch captain, com- But thefe mander, lieutenant, mafter, officer, feaman, foldier, or other perfons shall perfon fo offending, fhall be left to be proceeded againft, fchoffen and tried, as their offences fhall require, either by commif- ces either fion under our great feal of this kingdom, as the ftatute of by commifthe twenty-eighth of Henry VIII, directs; or by commif- fions under the great fion from our faid commiffioners for executing the office of feal of Great high admiral of Great Britain, or from our high admiral of Britain or Great Britain for the time being, according to the afore- by commifmentioned act, intituled, "An act for amending, explaining, the admiand reducing into one act of parliament, the laws relating to the ralty. government of his Majefty's fhips, veffels, and forces by fea; and not otherwife. be tried for fion from mitted on Provided nevertheless, that all diforders and mifdemeanors But for of committed on fhore by any captain, commander, lieutenant, fences commafter, officer, feaman, foldier, or other perfon whatsoever thore, thofe belonging to any of our fhips of war, or other veffels acting perfons fhall B 2 by be tried and cording to offence fhall ted. punished ac- by inmediate commiffion or warrant from our commiffioners the laws of for executing the office of high admiral of Great Britain, or the place from our high admiral of Great Britain for the time being, where the under the feal of our admiralty, may be tried and punished be commit- according to the laws of the place, where any fuch diforders, offences, and mifdemeanors fhall be committed on fhore ; notwithstanding fuch offender be in our actual service, and borne in our pay on board any fuch our fhips of war, or other veffels acting by immediate commiffion, or warrant from our commiffioners for executing the office of high admiral of Great Britain, or from our high admiral of Great Britain for the time being, as aforefaid, fo as he shall not receive any protection for the avoiding of juftice for fuch offences committed on fhore from any pretence of his being employed in our service at fea. Power with confent of And our further will and pleafure is, that all public mothe council nies granted and raised for the public ufes of our faid proto difpofe of vince, be iffued out by warrant from you, by and with the public mo- advice and confent of our council, as aforefaid, for the fupfupport of port of the government, and not otherwise. nies, for Power with government And we likewife give and grant unto you full power and confent of authority, by and with the advice and confent of our faid the council, council, to fettle and agree with the inhabitants of our faid to grant province for fuch lands, tenements, and hereditaments, as lands. now are, or hereafter fhall be in our power to difpofe of, and them to grant to any perfon or perfons upon fuch terms and under fuch moderate quit-rents, fervices, and acknowledgements to be thereupon referved unto us, as you, with Grants to the advice aforefaid, fhall think fit; which faid grants are to public feal pafs, and be fealed by our public feal of our faid province, and to be and being entered upon record by fuch officer or officers as registered. fhall be appointed thereunto, fhall be good and effectual in law against us, our heirs and fucceffors. be under the Power, with confent of And we do hereby give you the faid Guy Carleton full the council power and authority to order and appoint fairs, marts, and to appoint markets; as alfo fuch and fo many ports, harbours, bays, fairs, &c. havens, and other places for the conveniency and fecurity of shipping, and for the better loading and unloading of goods and merchandizes, in fuch and fo many places, as by you, with the advice and confent of our faid council, shall be thought fit and neceffary. All officers, to aid And we do hereby require and command all officers and and affift the minifters, civil and military, and all other inhabitants of &c. Our the execu our faid province to be obedient, aiding, and affifting unto governor in you, the faid Guy Carleton, in the execution of this our tion of his commiffion, and of the powers and authorities therein con- commiflion. tained; and in cafe of your death or abfence from our said province and government, to be obedient, aiding, and affisting, as aforefaid, to the lieutenant governor or commander in chief for the time being, to whom we do therefore by these presents give and grant all and fingular the powers and authorities herein granted to be by him executed and enjoyed, during our pleasure, or until your arrival within our faid province. commander cafe of the And if upon your death or abfence out of our faid who to be province, there be no perfon upon the place commif- in chief of fionated or appointed by us to be lieutenant governor or the procommander in chief of our faid province; our will and vince, in pleasure is, that the eldeft councillor, being a natural born death or abfubject of Great Britain, Ireland, or the plantations, and fence of the profeffing the proteftant religion, who fhall be at the time of governor. your death or abfence refiding within our faid province, fhall take upon him the adminiftration of the government, and execute our faid commiffion and inftructions, and the feveral powers and authorities therein contained, in the fame manner and to all intents and purposes, as other our governor or commander in chief should or ought to do, in cafe of your abfence, until your return, and in all cafes until our further pleasure be known therein. And we do hereby declare, ordain, and appoint, that This office you, the faid Guy Carleton, fhall and may hold, execute, to be held and enjoy the office and place of our captain general and during the go- King's pleavernor in chief, in and over our faid province of Quebeck, fure. and all the territories dependent thereon; with all and fingular the powers and authorities hereby granted unto you, for and during our will and pleasure. In witnefs whereof we have caused these our letters to be made patent; witness ourself at Westminster, the year of our reign. Former to be cap nour in Former COMMISSION of CAPTAIN GENERAL and Go- G. R. GEORGE the THIRD, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and fo forth, to our trusty and well-beloved JAMES MURRAY, Efquire, Greeting : Commiffion WE, repofing especial truft and confidence in the prudence, tain general courage and loyalty of you, the faid James Murray, and gover- of our efpecial grace, certain knowledge and mere motion, have thought fit to conftitute and appoint, and by these prechief of the fents do conftitute and appoint you, the faid James Murray, province. to be our captain general and governour in chief in and over Boundaries our province of Quebeck in America; bounded on the Labraof the pro- dor coaft by the river St. John; and from thence by a line vince. drawn Articles of capitulation granted by Sir Geoffry Amberft to the Canadians, upon the furrender of Montreal and the whole province of Canada to the British arms, in September, 1760. [N, B. The articles that are here omitted are intirely of a temporary nature, and no way affect the prejent conftitution of the province.] Art. IV. The militia, after being come out of the above towns, forts, and pofts, fhall return to their homes without being molefted, on any pretence whatfoever, on account of their having carried arms. Granted. Art. VII. The magazines, the artillery, firelocks, sabres, ammunition of war, and in general, every thing that belongs to his moft Chriftian Majesty, as well in the towns of Montreal, and Trois Rivieres, as in the forts and posts mentioned in the third article, fhall be delivered up, according to exact inventories, to the commiffioners, who fhall be appointed to receive the fame in the name of his Britannic Majefty. Duplicates of the faid inventories fhall be given to the Marquis de Vaudreuil. This every thing that can be afked on this article. Art. XII. The most convenient method that can be found fhall be appointed to carry the Marquis de Vaudreuil, by the ftreighteft paffage, to the first fea port in France. The neceflary accommodation fhall be made for him, the Marquis de Vaudreuil, M. de Rigaud, governor of Montreal, and the fuite of this general. This veffel fhall be properly victualled at the expence of his Britannic Majesty; and the Marquis de Vaudreuil fhall take with him his papers, without their being examined; and his equipage, plate, baggage, and alfo thofe of his suite. Granted, except the archieves, which shall be neceffary for the government of the country. Art. XXI. The English general fhall alfo provide fhips for carrying to France the officers of the fupreme council, of juftice, police, admiralty, and all other officers, having commiffions or brevets from his moft Chriftian majefty, for them, their families, fervants, and equipages, as well as for the other officers and they drawn from the head of that river through the lake St. John to the fouth end of the lake Nipiffim, from whence the faid line croffing the river St. Lawrence and the lake Champlain, in forty-five degrees of northern latitude, paffes along the high lands which divide the rivers that empty themselves into the faid river St. Lawrence from those which fall into the fea; and also along the north coaft of the Baye des Chaleurs, and the coaft of the gulf of St. Lawrence to Cape Rofieres; and from thence croffing the mouth of the river St. Lawrence by the weft end of the island of Anticofti, terminates at the aforefaid river St. John: together with all the rights, members, and appurtenances whatsoever thereunto belonging. nour is to directions And we do hereby require and command you to do and exe- The govercute all things in due manner that thall belong to your faid com- act accormand and the truft we have repofed in you, according to the ding to the feveral powers and directions granted or appointed you by this powers and prefent commiffion and the instructions and authorities here- of this com with given unto you, or by fuch other powers, inftructions, miffion, and and authorities as fhall at any time hereafter be granted or according to appointed under our fignet and fign manual, or by our order inftructions in they shall likewife be victualled at the expence of his Britannic Majefty. They fhall, however, be at liberty to stay in the colony, if they think proper, to fettle their affairs, or to withdraw to France, whenever they think fit. Granted but if they bave papers relating to the government of the country, they are to be delivered to us. Art. XXIV. The provifions, and other kind of stores which shall be found in the magazines of the commiffary, as well in the towns of Montreal, and of Trois Rivieres, as in the country, fhall be preferved to him, the faid proviLons belonging to him, and not to the King, and he shall be at liberty to fell them to the French or English. Every thing that is actually in the magazines, defined for the use of the troops, is to be delivered to the English commiffary, for the King's forces. the King's pany. Art. XXV. A paflage to France fhall likewife be granted on board of his Bri India comtannic Majesty's fhips, as well as victuals to fuch officers of the India company, as fhall be willing to go thither, and they fhall take with them their families, fervants, and baggage. The chief agent of the faid company, in cafe he fhould chufe to go to France, fhall be allowed to leave fuch perfon as he shall think proper till next year, to settle the affairs of the faid company, and to recover fuch fumns as are due to them. The faid chief agent shall keep poffeffion of all the papers belonging to the faid company, and they shall not be liable to infpection. Granted. Art. XXVI. The faid company fhall be maintained in the property of the ecarlatines and caftors, which they may have in the town of Montreal; they fhall not be touched under any pretence whatever, and the neceffary facilities fhall be given to the chief agent, to fend, this year, his caftors to France, on board his Britannic Majesty's fhips, paying the freight on the fame footing as the Eaglish would pay it.. Granted, with regard to what may belong to the company, or to private persons; but if bis met Christian majefty bas any fhare in it, that must become the property of the King. Art. |