CHAPTER II

THE RIGHTS OF THE DEFEATED

The British did not treat the French inhabitants of Canada as a

conquered people; not as other countries won by conquest have been

treated by their victorious invaders. The terms of the Capitulation of

Montreal in 1760 assured the Canadians of their property and civil

rights, and guaranteed to them 'the free exercise of their religion.'

The Quebec Act of 1774 granted them the whole of the French civil law,

to the almost complete exclusion of the English common law, and

virtually established in Canada the Church of the vanquished through

legal enforcement of the obligation resting upon Catholics to pay

tithes. And when it became necessary in 1791 to divide Canada into two

provinces, Upper Canada and Lower Canada, one predominantly English and

the other predominantly French, the two provinces were granted

precisely equal political rights. Out of this {8} arose an odd

situation. All French Canadians were Roman Catholics, and Roman

Catholics were at this time debarred from sitting in the House of

Commons at Westminster. Yet they were given the right of sitting as

members in the Canadian representative Assemblies created by the Act of

1791. The Catholics of Canada thus received privileges denied to their

co-religionists in Great Britain.

There can be no doubt that it was the conciliatory policy of the

British government which kept the clergy, the seigneurs, and the great

body of French Canadians loyal to the British crown during the war in

1775 and in 1812. It is certain, too, that these generous measures

strengthened the position of the French race in Canada, made Canadians

more jealous of their national identity, and led them to press for

still wider liberties. It is an axiom of human nature that the more

one gets, the more one wants. And so the concessions granted merely

whetted the Canadian appetite for more.

This disposition became immediately apparent with the calling of the

first parliament of Lower Canada in 1792. Before this there had been

no specific definition of the exact status of the French language in

{9} Canada, and the question arose as to its use in the Assembly as a

medium of debate. As the Quebec Act of 1774 had restored the French

laws, it was inferred that the use of the French language had been

authorized, since otherwise these laws would have no natural medium of

interpretation. That this was the inference to be drawn from the

constitution became evident, for the British government had made no

objection to the use of French in the law-courts. It should be borne

in mind that at this period the English in Canada were few in number,

and that all of them lived in the cities. The French members in the

Assembly, representing, as they did, nearly the whole population, did

not hesitate to press for the official recognition of their language on

a parity with English.

The question first came up in connection with the election of a

speaker. The French-Canadian members, being in a majority of

thirty-four to sixteen, proposed Jean Antoine Panet. This motion was

opposed by the English members, together with a few of the French

members, who nominated an Englishman. They pointed out that the

transactions between the speaker and the king's {10} representative in

the colony should be 'in the language of the empire to which we have

the happiness to belong.' 'I think it is but decent,' said Louis

Panet, brother of Jean Antoine, 'that the speaker on whom we fix our

choice, be one who can express himself in English when he addresses

himself to the representative of our sovereign.' Yet the majority of

the French members stuck to their motion and elected their speaker.

When he was sworn into office, he declared to the governor that 'he

could only express himself in the primitive language of his native

country.' Nevertheless, he understood English well enough to conduct

the business of the House. And it should not be forgotten that all the

sixteen English members, out of the fifty composing the Assembly, owed

their election to French-Canadian voters.

Almost immediately the question came up again in the debate on the use

of the French language in the publication of official documents. The

English members pointed out that English was the language of the

sovereign, and they contended that the exclusive official use of the

English language would more quickly assimilate the French

Canadians--would render them more loyal. To these {11} arguments the

French Canadians replied with ringing eloquence.

'Remember,' said Chartier de Lotbiniere, 'the year 1775. Those

Canadians, who spoke nothing but French, showed their attachment to

their sovereign in a manner not at all equivocal. They helped to

defend this province. This city, these walls, this chamber in which I

have the honour to speak, were saved partly through their zeal and

their courage. You saw them join with faithful subjects of His Majesty

and repulse attacks which people who spoke very good English made on

this city. It is not, you see, uniformity of language which makes

peoples more faithful or more united.'

'Is it not ridiculous,' exclaimed Pierre Bedard, whose name will appear

later in these pages, 'to wish to make a people's loyalty consist in

its tongue?'

The outcome of the debate, as might have been expected, was to place

the French language on a level with the English language in the records

and publications of the Assembly, and French became, to all intents and

purposes, the language of debate. The number of English-speaking

members steadily decreased. In the year 1800 Sir Robert Milnes {12}

wrote home that there were 'but one or two English members in the House

of Assembly who venture to speak in the language of the mother country,

from the certainty of not being understood by a great majority of the

House.'

It must not be imagined, however, that in these early debates there was

any of that rancour and animosity which later characterized the

proceedings of the Assembly of Lower Canada. 'The remains of the old

French politeness, and a laudable deference to their fellow subjects,

kept up decorum in the proceedings of the majority,' testified a

political annalist of that time. Even as late as 1807, it appears that

'party spirit had not yet extended its effects to destroy social

intercourse and good neighbourhood.' It was not until the regime of

Sir James Craig that racial bitterness really began.

{13}

The 'Patriotes' of '37: A Chronicle of the Lower Canada Rebellion · 第 2 / 12 章