Mary Charlotte, a woman of color v. Gabriel S. Chouteau
View original image: Page  175
[missing figure]

á l'egarde des troupes, il a ete impose la condition de
ne point servir pendant la presente guerre, et de mettre las
les armes: elles doivent etre en FranceFrance. Vous ferez
donc, Monsieur, rassembler les Officers et soldats qui sont
dans votre poste, vous les ferez mettre las les armes, et vous
[ vous ] rendrez avec aux [ a ] tel port que l'on jugera a propos
pour de la passer en FranceFrance.

âLes Citoyens et habitans de Detroit seront consequemment
sous le commandement de l'Officer que le gèneral
Amerst aura destìnè pour ce lieu.

âVous ferez passer copie de ma lettre aux Miamis et
Scactanons, supposè qu'il ent quel ques soldats, afin qu'eux
et les habitans s'y conforment.

"Je compte avoir le plaisir de vous voir en FranceFrance, avec
tous nos Messieurs. Madame de Beleotre jouit d'une
parfaite sante.

âJ'ai l'honneur d'etre, tres sincerement,
Monsieur, Votre tres humble,
& tres obeissant serviteur,
(signe) Vaudreuil."

The French Governor himself thus admits the cessation
of the former laws and usages of the Colony; the difference in the capitulation
of MontrealMontreal,
and that of Grenada,
a conquest also mentioned
in the Treaty of Peace and
in the Proclamation of 1763,
is manifest. By the former,
the French CanadianCanadian
colonists were deprived of
their governing laws and
usages, by the latter capitutation
these were preserved
to them 5th Article of the
Grenada capitulation:
âThey shall preserve their
civil government, their
laws, customs and ordinaces;
justice shall be
administered by the same
officers who are now in
employment, &ca Answer;
They become British subjects,
but shall continue
to be governed by their
present laws until His
Majesty's pleasure is
known.â See case of
Campbell & Hall, where
Lord MansfieldMansfield , in his
judgment, says 3rdly,
articles of capitutation
upon which the conquest
is surrendered and treaties
of peace by which it is
ceded, are sacred and
inviolable, according
to their true intent.

WW Badgley BadgleyW Badgley
Charles A TerrouxCharles A Terroux
Com:

The treaty of peace of 1763 only secured the
liberty of the free exercise of the Roman CatholicRoman Catholic religion
for the inhabitants of CanadaCanada, whilst the proclamation
erected the conquered province into a provincial government-
the Government of QuebecQuebec,- gave power to the Governor to
summon general assemblies, and with them and the
Colonial council to make laws for the Colony, as near as
might be agreeable to the laws of EnglandEngland; but assuring in
the mean time to all the inhabitants, and to all persons
resorting to the Colony, the enjoyment of the benefit of the
laws of EnglandEngland, pledging the Royal declaration to give [ power ]

View original image: Page  176
[missing figure]
power, under the great Seal of EnglandEngland, to the Governor of
the province, to erect Courts of judicature and of publice justice,
for hearing and determining all causes, criminal and civil,
according to law and equity, and as near as might be agreeable
to the laws of EnglandEngland.

The Royal Commission of November 1763 to the first
Governor, General MurrayMurray , did grant these powers; and
among others, the power at once to consitute such Courts of
Justice for hearing and determining such causes according
to law and equity, &ca; and the commission of September 1766 (nearly three years later), by which the first Chief
Justice of the Province,WilliamWilliam Hey, Esquire, was appointed,
made it incumbent upon that high functionary
to administer justice in the Province âaccording to the laws
and customs of that part of our Kingdom of GreatBritainBritain
called EnglandEngland." Extracts from the former, and a copy of
the latter, both duly authenticated, are hereto appended. By
the above mentioned public documents, plainly expressing
the King's will, the introduction into the Colony was of
course made of the laws of EnglandEngland, public and municipal;
the former regulating the status of individuals, making all
persons naturalized subjects, and giving to them the personal
and civil rights of British subjects, and the latter, or
common law, so far as applicable to the state of the Colony.

It is a well known principle of English law, that âupon
the conquest of a Country the law remains unchanged until
the will of the Conqueror is expressed.â That must be taken
as between subject and subject only, not as between the
Sovereign and subject; and it is also established, that
the power to alter the laws of a conquered country is a power
vested in the Crown, without any limitation as to the
advice under which it may be exercised whether by
proclamation or charter. (3 Knapp's Privy-Council
Reports, 1835, Jephson vs. Reira.)
[ There ]