After the capitulation of Montreal, in September, 1760, Canada was,

for the time being, under military rule. There were three military

governors, General Murray at Quebec, Colonel Burton at Three

Rivers, and General Gage at Montreal. All three were subordinate

to Amherst, the Commander-in-Chief in North America, whose head

quarters were usually at New York. Amherst left for England in

1763, and was succeeded by General Gage, whose place was filled

by the transfer of Burton from Three Rivers, while the military

governorship of Three Rivers was entrusted to Colonel Haldimand,

one of the Swiss officers who deserved so well of England in North

America.

[Sidenote: The French Canadians at the time of the British conquest

of Canada.]

While Canada was still under military rule, and before the Peace of

Paris was signed, the British Government took steps to collect full

information as to their newly-acquired possession, with a view to

determining the lines on which it should be administered in future.

At the end of 1761 Amherst was instructed to obtain the necessary

reports, which were in the following year duly supplied by Murray,

Burton, and Gage in respect of Quebec, Three Rivers, and Montreal

respectively.[36]

Canada at this time contained little more than 70,000 white

inhabitants. The population, Murray thought, had tended to

decrease for twenty years past, owing to war, to the strictness

of the marriage laws, and to the prohibition of marriages between

Protestants and Roman Catholics; but he looked for a large increase

from natural causes in the next twenty years, the men being strong

and the women extremely prolific.

The Canadians, Murray wrote, were ‘mostly of a Norman race’ and,

‘in general, of a litigious disposition’. He classified them

into the gentry, the clergy, the merchants, and the peasantry or

habitants. The gentry or seigniors, descendants of military or

civil officers, the creation largely of Louis XIV, Colbert, and

Talon, he described as for the most part men of small means, unless

they had held one or other of the distant posts, where they could

make their fortunes. ‘They are extremely vain, and have an utter

contempt for the trading part of the colony, though they made no

scruple to engage in it, pretty deeply too, whenever a convenient

opportunity served. They were great tyrants to their vassals, who

seldom met with redress, let their grievances be ever so just.

This class will not relish the British Government, from which they

can neither expect the same employments or the same douceurs they

enjoyed under the French.’ Of the clergy he wrote that the higher

ranks were filled by Frenchmen, the rest being Canadian born, and

in general Canadians of the lower class. Similarly the wholesale

traders were mostly French, and the retail traders natives of

Canada. The peasantry he described as ‘a strong, healthy race,

plain in their dress, virtuous in their morals, and temperate in

their living’, extremely ignorant, and extremely tenacious of

their religion. At the time of writing, Murray and his colleagues

evidently anticipated more loyalty from the peasantry than from

the higher classes of Canadians. Protected in their religion,

given impartial justice, freed from class oppression and official

corruption, they seemed likely to develop into happy and contented

subjects of the British Crown. The sequel was, however, to show

that more support would accrue to the new rulers of Canada from

the classes which had something to lose than from the credulous

habitants.

‘The French,’ so ran Murray’s report, ‘bent their whole attention

in this part of the world to the fur-trade.’ They neglected

agriculture and the fisheries. ‘The inhabitants are inclinable

enough to be lazy, and not much skilled in husbandry, the great

dependencies they have hitherto had on the gun and fishing-rod

made them neglect tillage beyond the requisites of their own

consumption and the few purchases they needed.’ Gage wrote that

‘the only immediate importance and advantage the French king

derived from Canada was the preventing the extension of the British

colonies, the consumption of the commodities and manufactures of

France, and the trade of pelletry’. He noted how common it was

‘for the servants, whom the merchants hired to work their boats

and assist in their trade, through a long habit of Indian manners

and customs, at length to adopt their way of life, to intermarry

with them, and turn savages’. Burton’s report was to the same

effect: ‘The laziness of the people, and the alluring and momentary

advantages they reaped from their traffic with the Indians in the

upper countries, and the counterband trade they carried on with

the English colonies, have hitherto prevented the progress of

husbandry;’ and again, ‘The greatest part of the young men, allured

by the debauched and rambling life which always attend the Indian

trade in the upper countries, never thought of settling at home

till they were almost worn out with diseases or premature old age.’

It was a country and a people of strong contrasts, wholly unlike

their own colonies, that the English were called upon to rule. At

head quarters and near it there was a cast-iron system in Church

and State, trade monopoly, an administration at once despotic

and corrupt. Behind there was a boundless wild, to which French

restlessness, French adaptability for dealing with native races,

and the possibilities of illicit wealth called the young and

enterprising, who were impatient of control, and who could not

share the gains of corruption at Montreal and Quebec. In Canada

there was no gradual and continuous widening of settlement, such

as marked the English colonies in North America. In those colonies

development was spontaneous but, in the main, civilized; not

according to fixed rule, but not contrary to law, the law being

home-made and not imposed from without.

In Canada extreme conservatism existed side by side with complete

lawlessness. At one pole of society were a certain number of

obedient human beings, planted out in rows; at the other were

the wandering fur-traders, who knew no law and had no fixed

dwelling-place. Excluding the officials from France, ill paid and

intent on perquisites alone, and excluding French or Canadian

merchants, the main constituents in the population of Canada were

the seignior, the priest, the habitant, and the voyageur; of these

four elements it would be hard to say which was farthest removed

from citizenship, as it was understood in England and the English

colonies. Yet all these elements were to be combined and moulded

into a British community.

[Sidenote: Beginning of civil government.]

The beginning of civil administration in Canada under British

rule was the Royal Proclamation of 7th October, 1763, which has

been noticed in the preceding chapter. Before it was issued, an

intimation was sent to Murray that he had been selected as the

first civil governor of the new British province of Quebec. His

commission as governor was dated 21st November, 1763; and the Royal

Instructions, which accompanied the Commission, bore the date of

7th December, 1763; but it was not until August, 1764, that he took

up his new position and military rule came to an end.[37]

[Sidenote: General Murray.]

James Murray was still under forty years of age. He proved himself

a stanch, loyal, and capable soldier, resolute in critical times,

as when he defended Quebec through the trying winter of 1759-60,

and later, in 1781-2, held Minorca until his handful of troops,

stricken with famine and disease, surrendered their arms, as they

said, to God alone. His words and his actions alike testified

that he was a humane and just man. Like other soldiers, before

and since, having seen war face to face, he was more ready than

civilians who had not risked their lives, but breathed threatenings

and slaughter from a safe distance, to treat the conquered with

leniency.

[Sidenote: Difficulties of the situation.]

[Sidenote: Ill feeling between soldiers and civilians.]

He had many difficulties to contend with. Military matters did not

run smoothly. In September, 1763, there had been a dangerous mutiny

among the troops at Quebec. It was caused by an ill-timed order

sent out from home to the effect that the soldiers should pay for

their rations; and serious consequences might have followed but for

the prompt and firm attitude of the general and his officers. At

Quebec, Murray combined civil and military powers; but after civil

administration had been proclaimed, though his government included

the whole of the province as constituted by the Royal proclamation,

he was left without authority over the troops at Montreal, where

Burton jealously retained an independent military command. The

inevitable result was to fetter his action to a great extent, to

give to the Canadians the impression of divided authority,[38]

and to accentuate friction between soldiers and civilians, which

culminated in an assault at Montreal in December, 1764, on a

magistrate named Walker, who had made himself specially obnoxious

to the officers of the garrison. Two years later the supposed

perpetrators of the outrage were tried and acquitted, but the

affair left ill feeling behind it, and Walker remained an active

and pertinacious opponent of the British Government in Canada.

[Sidenote: The Protestant minority.]

Among the Canadian population there were various causes of unrest.

The priesthood were anxious as to their position and privileges.

The depreciation of the paper money, which had been issued under

the French régime, gave trouble. The law was in a state of chaos;

and, most of all, the first Governor of Canada had to withstand

the pretensions of the handful of Protestants, in 1764 about 200

in number, in 1766 about 450, who wished to dominate the French

Canadians, alien in religion and in race.

[Sidenote: Murray leaves for England and is succeeded by Carleton.]

Against the claims of this small but noisy and intriguing minority

Murray resolutely set his face, but the difficulties which arose

led to his being summoned home. He left Canada for England towards

the end of June, 1766, and though he retained the post of Governor

till April, 1768, he never returned to Quebec.

His successor was Guy Carleton, who arrived in Canada in September,

1766, and carried on the administration as Lieutenant-Governor

till 1768, when he became Governor-in-chief. Like Murray, he was

a soldier of distinction, and had been a warm personal friend of

Wolfe, who made him one of the executors of his will. He was born

in 1724, at Strabane in the north of Ireland, the third son of

General Sir Guy Carleton. He went into the Guards, was transferred

to the 72nd Regiment, and served in Germany, at Louisbourg, and, as

Quartermaster-General, with Wolfe at Quebec. He remained at Quebec

with Murray during the eventful winter of 1759-60; and, after

further active service at Belle Isle and Havana, he came back to

Quebec in 1766, to do more than any one man in war and peace for

the safety and well-being of Canada as a British possession.

[Sidenote: Conditions which led to the passing of the Quebec Act.]

The difficulties which Murray had been called upon to meet

confronted him also, and, like Murray, he saw the necessity as

well as the justice of resisting the extravagant claims of the

minority, and conciliating to British rule the large body of the

Canadian population. For nearly four years he remained at his

post, forming his views as to the lines on which Canada should

be remodelled. In August, 1770, he left for England on leave of

absence, and in England he remained until the Quebec Act had been

passed. The Act was passed in June, 1774, taking effect from the

1st of May in the following year; and in the middle of September,

1774, Carleton arrived again at Quebec. It is now proposed to

review the conditions which led to the passing of the Act, and the

policy which was embodied in it, omitting as far as possible minor

incidents and dealing only with the main features, which illustrate

the general course of British colonial history.

[Sidenote: The Conquest of Canada presented a new problem in

British colonial history.]

The acquisition of Canada presented to British statesmen a wholly

new problem. The British Empire had hitherto widened mainly by

means of settlement, for the seventeenth century, as far as Great

Britain was concerned, was a time of settlement, not of conquest.

Jamaica, it is true, had been taken from the Spaniards, and New

York from the Dutch; but, great as was the importance of securing

those two dependencies in the light of subsequent history, the

conquest or cession of both the one and the other was rather an

incident than the result of an era of war and conquest. Such an era

came with the eighteenth century; and, when the Peace of Utrecht in

1713 secured Great Britain in undivided possession of Newfoundland,

and confirmed to her the possession of the Acadian peninsula, and

of the Rock of Gibraltar, a notable outpost of the future Empire,

there was a beginning, though a small beginning, of territorial

expansion as the result of war.

[Sidenote: Canada was: (1) a continental area; (2) colonized

by another European race; (3) bordering on a sphere of British

colonization; (4) the home of a coloured race.]

The Seven Years’ War brought with it British conquest alike in

East and West; but in India the British advance was in some sort a

repetition on a wider scale of what other European nations had done

in the same regions. It was the natural outcome of trade rivalry,

and of white men coming among Eastern races. The conquest of

Canada, on the other hand, differed in kind from all that had gone

before in British history. The Imperial Government of Great Britain

took over a great expanse of continent, and became, by force of

arms, proprietor of a country which another colonizing race had

acquired by settlement. The new problems were how to administer

and to develop not a small island or peninsula but a very large

continental area, and how to rule a rival white race which from

the beginnings of colonization in North America had made that

area, or part of it, its own. To these two most difficult problems

was added a third, how to administer the new territory and to rule

the French colonists, so as to work in harmony with the adjacent

British colonies. Conquest and settlement, so to speak, overlapped.

If Canada had not been a French colony, and had been inhabited by

coloured men alone, or if Canada, as a French colony, had been in a

different continent from the British North American colonies, the

task of construction or re-construction would have been infinitely

easier. It would have been easier, too, if the French Canadians

had been the only inhabitants of Canada. But, as it was, one white

race conquered another white race, which in its turn had secured

mastery over a coloured race, and in the land of that coloured race

had not merely conquered or traded, but settled and colonized; and

the new conquerors were of the same kith and kin as settlers in the

adjoining territories, whose traditions were all traditions not

of ruling nor of conquering so much as of gradually acquiring by

settlement at the expense of the coloured race.

[Sidenote: Conditions which guided British policy in Canada as

embodied in the Proclamation of 1763.]

[Sidenote: Geographical division between the settled districts and

the hinterland.]

[Sidenote: The Indian question.]

[Sidenote: Necessity for attracting British colonists]

What had British statesmen to guide them in dealing with the

question, and what considerations led to the provisions which were

embodied in their first measure, the Royal Proclamation of 7th

October, 1763? It was evident, in the first place, that a line

could, if it was thought advisable, be drawn between the settled

parts of Canada and the Western territories, where the French had

only maintained outposts and trading stations. The government of

Quebec, therefore, which was the new colony, was, as has been seen,

limited to the districts of Quebec, Three Rivers, and Montreal,

and did not include the regions of the lakes, or the territories

of the Hudson’s Bay Company. In the second place, past experience

had proved that English dealings with the Indians had been very

much less successful than French management, the characteristic

features of which were personal relations with a despotic governor

and his authorized agents and representatives; and that the

Indians enjoyed more protection and were likely to develop greater

loyalty and contentment under a central authority--the Imperial

Government--represented and advised by Sir William Johnson, than

if left to bargain with and to resent encroachments by the various

British colonies. Consequently the proclamation reserved the

western hinterland ‘under our sovereignty, protection, and dominion

for the use of the said Indians’, in addition to safeguarding

the existing rights and lands of the natives within the borders

of the colonies. In the third place it was obviously desirable

to introduce into Canada a leaven of colonists of English race,

and more especially of colonists who had been trained to arms and

already knew the land and the people. Hence, just as in bygone

days Colbert and Talon, when colonizing Canada on a definite

system, planted time-expired soldiers along the St. Lawrence and

the Richelieu rivers, so the Proclamation of 1763 empowered free

land grants to be given in Canada, as well as in the other American

possessions of Great Britain, to officers and soldiers who had

served in the late war; and it also encouraged British settlers

generally by providing that, as soon as circumstances allowed, a

General Assembly was to be summoned ‘in such manner and form as is

used and directed in those colonies and provinces in America which

are under our immediate government.’[39]

[Sidenote: and for conciliating the French Canadians.]

[Sidenote: Desire to give British privileges to Canada.]

But most of all it was necessary to mete out fair and liberal

treatment to the new subjects, the French Canadians, and make

them contented citizens of the British Empire. This object,

Englishmen naturally argued, could best be attained, first, by

securing ‘the ancient inhabitants in all the titles, rights, and

privileges granted to them by Treaty’[40]; and secondly, by giving

the Canadians as soon as possible the laws and institutions

which British subjects valued and under which they had thrived,

by assimilating Canada as far as possible in these respects to

the neighbouring British colonies. Accordingly the Canadians were

from the first to enjoy the benefit of the laws of England, and

courts of justice were to be established with power to determine

all causes criminal and civil ‘as near as may be agreeable to the

laws of England’. The question of religion was ignored in the

proclamation; freedom of worship had already been guaranteed to

the Roman Catholics by the 4th Article of the Peace of Paris,[41]

and Murray’s instructions were that he should ‘in all things

regarding the said inhabitants, conform with great exactness to

the stipulations of the said treaty in this respect’. There the

matter was left for the moment, though Murray’s commission provided

that the persons who should be elected as members of the future

Assembly were to subscribe the declaration against Popery, enacted

in Charles the Second’s reign, which provision would have excluded

Roman Catholics from sitting in the Assembly.

[Sidenote: Liberal intention of the Proclamation of 1763.]

There is no question that the proclamation itself was conceived in

a wise and tolerant spirit. There was every intention to safeguard

the best interests alike of the French Canadians and of the

Indians; to give to the latter the protection of Imperial rule,

to give to the former the benefits of British laws, and as far as

possible the privileges of British citizenship. The proclamation,

too, was not drawn on hard and fast lines. As soon as circumstances

permitted, and not before, representative institutions were to be

introduced, and the laws were not to be necessarily the laws of

England, but ‘as near as may be agreeable to’ the laws of England.

[Sidenote: Murray’s Commission.]

[Sidenote: The Council of government.]

Murray’s commission as governor empowered him, ‘so soon as the

situation and circumstances of our said province under your

government will admit thereof, and when and as often as need shall

require, to summon and call General Assemblies of the freeholders

and planters within your government.’ But by the terms of the

commission a council was joined with the governor and Assembly

as the authority for making laws and ordinances, and the Royal

Instructions provided that, pending the calling of a General

Assembly, the governor was to act on the advice of his council in

making regulations, which would have the force of law, and which

were, as a matter of fact, styled ordinances, certain important

subjects, such as taxation, being excluded from their scope.

Thus, until representative institutions could be given to Canada,

legislative and executive authority was placed in the hands of

the governor acting on the advice of a nominated council. But the

council, again, was constituted on liberal lines, as its members

were to be the Lieutenant-Governors of Montreal and Three Rivers,

the Chief Justice of the province of Quebec, the Surveyor-General

of Customs in America for the Northern district, and ‘eight other

persons to be chosen by you from amongst the most considerable of

the inhabitants of, or persons of property in, our said province’.

From the first, therefore, it was intended that the unofficial

element in the council should outnumber the officials--evidence,

if evidence were wanted, that it was desired to govern Canada in

accordance with the wishes of the people.

[Sidenote: Courts of justice established.]

[Sidenote: Causes of the difficulties which arose.]

Immediately after civil government had taken the place of

military rule, an ordinance was, in September, 1764, promulgated,

constituting courts of justice, the law to be administered being

in the main the law of England, and trial by jury being introduced

without any religious qualification for jurymen. One provision in

the ordinance, it may be noticed in passing, abolished the district

of Three Rivers, which had hitherto been, like Montreal, in charge

of a Lieutenant-Governor. Thus Canada was started on its course as

a British colony, with the best intentions, the prospect of such

self-government as other American colonies enjoyed, British law

and justice, and above all a governor who was in sympathy with the

people, and earnestly worked for their good; but difficulties arose

almost immediately, and the causes of them are not far to seek.

[Sidenote: The religious question.]

It was the honest desire of the British Government to give liberty

to Canada, to treat it, not as a conquered country, but as a

British colony. Liberty, as the English understand it, has connoted

three things, representative institutions, British law and justice,

including especially trial by jury and the Habeas Corpus Act, and

freedom of conscience. But in past times to Protestants freedom

of conscience meant practical exclusion from the political sphere

of those, like Roman Catholics, whose creed was in principle an

exclusive creed; and therefore, in a Roman Catholic country under

Protestant supremacy, like Ireland or Canada in the eighteenth

century, representative institutions from the strong Protestant

point of view meant institutions which did not represent the bulk

of the population. In this matter, as in others, in the case of

Canada, English statesmen and English governors, though not at once

prepared to dispense with religious tests, were more liberally

inclined towards the ‘new subjects’, the French Canadians, than

were the English colonists in America; and the soldier Murray had

far more breadth of mind than the local lawyers and politicians

who prated of liberties which they had no intention of granting to

others.

[Sidenote: Murray’s letter to Lord Shelburne.]

[Sidenote: His opinion of the Protestant minority in Canada.]

Shortly after his return to England, in 1766, Murray expressed

his views as to the small Protestant minority in Canada in plain

outspoken terms. In a letter addressed to Lord Shelburne on the

20th of August in that year, he wrote, ‘most of them were followers

of the army, of mean education, or soldiers disbanded at the

reduction of the troops. All have their fortunes to make, and I

fear few of them are solicitous about the means when the end

can be obtained. I report them to be in general the most immoral

collection of men I ever knew, of course little calculated to make

the new subjects enamoured with our laws, religion, and customs,

far less adapted to enforce these laws and to govern.’ As the

Canadian peasantry, he continued, ‘have been taught to respect

their superiors and not get intoxicated with the abuse of liberty,

they are shocked at the insults which their noblesse and the King’s

officers have received from the English traders and lawyers, since

the civil government took place.... Magistrates were to be made

and juries to be composed from four hundred and fifty contemptible

sutlers and traders ... the Canadian noblesse were hated because

their birth and behaviour entitled them to respect, and the

peasants were abhorred because they were saved from the oppression

they were threatened with.’ Equally severe was his judgement on

‘the improper choice and the number of the civil officers sent

out from England’, ignorant of the law and language, rapacious,

and lowering the dignity of government. In short his letter[42]

was a wholesale condemnation of the representatives of the party

which claimed to represent British civic life in a newly-acquired

possession.

These men had bitterly attacked Murray, and no doubt Murray was

bitter in turn; but his strictures were largely justified. He had

lived for some years among the Canadians; he had commanded the

King’s troops; himself a man of high principle and good breeding,

he resented the mischief wrought by a low class of domineering

interlopers who, in the name of freedom, meant to oppress, and

painted as tyranny the policy which prevented oppression. A

continuance of military rule, which the Canadians understood, would

have been infinitely preferable to representative institutions in

which the overwhelming majority of the population would have had no

share.

[Sidenote: Character of American Protestantism.]

[Sidenote: Unfit men sent out from England.]

Carleton’s view was much the same as Murray’s. His sympathies

too were with Canada and the Canadians, and yet the forces and

the instincts on the other side are at least intelligible. It was

natural that, when war was over, in the train of the conquering

army there should drift into the conquered country a certain

number of adventurers, eager for official and professional gain,

exploiting the land and the people, indifferent to higher objects,

for they had not known them. They were an inevitable evil, such

as must be reckoned with in similar circumstances at all times

and in all places. It was natural too that Protestantism, when

ascendant, should be aggressive; and Protestantism in Canada

was borrowed from the New England States; it was the Puritanism

of past days, hardened by memories of the evil wrought by Roman

Catholic teaching among the natives of North America, the fruits of

which had been, times without number, a series of savage crusades

against the border villages of the British colonies. But the

British Government, with all its kindly intentions, was at fault

too; and the fault was the same evil which was poisoning political

life at home. Unfit men were being sent out from home, and the

subordinate instruments for carrying out a new policy, and making a

new régime congenial to those who were to live under it, were not

well chosen. Men were wanted at first rather than institutions. The

soldier governors were good, but the same could not be said of the

civilians and lawyers.

[Sidenote: Pouring new wine into old bottles.]

Once more, too, it must be noticed that the actual merits of

British statesmanship and policy militated against its success. It

was so keenly desired to give the new subjects all the privileges

enjoyed by the old, that too little account was taken of the

training, the wishes, and the present needs of the new subjects.

The Canadians were politically children. They had never known even

the semblance of representative institutions. They had from all

time been born and bred under authority--under the King, under

the Church, under the seigniors. They had learnt unquestioning

obedience, and could not at once be re-cast in a democratic mould.

The printing press, the Assembly for law-making and debate, the

standing quarrels with governors, the withholding of supplies,

the aggressive freedom in every form which characterized the

English communities in North America, all were alien to the French

Canadian. The wine might be good, but it was new, and pouring it

into old bottles could only have one result, the loss of the wine

and the bursting of the bottles. So also with British law and

justice: that too was new and largely unintelligible; the language

puzzled and confused, and the lawyers who came in found the

confusion profitable. Premature attempts or proposals to assimilate

only served to emphasize differences, and for the moment good

intentions paved the way to something like anarchy.

[Sidenote: Presentment of the Grand Jury in October, 1764.]

In September, 1764, the ordinance constituting courts of justice

was promulgated, and in the following month the Grand Jury at

Quebec made a presentment, enumerating a number of alleged

grievances, concerned not merely with the administration of

justice, but also with various matters which lay wholly outside

their sphere. ‘We represent,’ so the framers of the presentment

wrote, ‘that as the Grand Jury must be considered at present as the

only body representative of the colony, they, as British subjects,

have a right to be consulted, before any ordinance that may affect

the body that they represent be passed into a law.’ It was an

impertinent document, a kind of manifesto against the Government;

and, taken by itself alone, gave ample evidence of the class and

the temper of the men who were determined to make trouble in

Canada. It was signed by some French jurors as well as English, but

a supplement to it, signed by the English, or, at any rate, by the

Protestant members alone, protested against Roman Catholics being

admitted as jurors, and it soon appeared that the French jurors had

signed the main document in ignorance of its contents.[43] ‘Little,

very little,’ wrote Murray, ‘will content the new subjects, but

nothing will satisfy the licentious fanatics trading here, but the

expulsion of the Canadians who are perhaps the bravest and the

best race upon the globe, a race who, could they be indulged with

a few privileges which the laws of England deny to Roman Catholics

at home, would soon get the better of every national antipathy to

their conquerors and become the most faithful and most useful set

of men in this American Empire.’[44]

[Sidenote: Petition for recall of Murray.]

The Grand Jury’s presentment was followed by a petition for

the recall of Murray, drawn up in the next year and signed by

twenty-one persons, which accused him of military prejudice against

civil liberties, and of discouraging the Protestants and their

religion. It asked for a new governor of a less military type,

and for a House of Representatives composed of Protestants alone,

though Roman Catholics might be allowed to vote for Protestant

members. Never did a small minority make more extravagant claims,

or attack with greater want of scruple those who were trying to

hold the balance even.

[Sidenote: The ordinance of 1770.]

[Sidenote: The Quebec Act.]

Carleton succeeded Murray, and soon after his arrival showed

that he was as little disposed, as Murray had been, to submit

to dictation. A side issue had arisen as to the appointment and

precedence of members of the council, and, in answer to a protest

addressed to him by some of the councillors, he laid down that ‘I

will ask the advice and opinion of such persons, though not of the

council, as I shall find men of good sense, truth, candour, and

impartial justice; persons who prefer their duty to the King, and

the tranquillity of his subjects to unjustifiable attachments,

party zeal, and to all selfish mercenary views.... I must also

remind you that His Majesty’s service requires tranquillity and

peace in his province of Quebec, and that it is the indispensable

duty of every good subject, and of every honest man, to promote

so desirable an end.’[45] Still intrigue went on: religious

bitterness did not abate, as men spoke and wrote on either side:

legal confusion became worse confounded, and reports were made on

what was and what ought to be the state of the law, by the English

law officers of the Crown, by a delegate sent out from England,

and by Masères, the Attorney-General in Canada. One crying evil,

however, arising from the proceedings for the recovery of debts,

which were enriching magistrates and bailiffs and reducing Canadian

families to beggary, was remedied by Carleton in an ordinance dated

1st February, 1770, which among other provisions deprived the

justices of the peace of jurisdiction in cases affecting private

property.[46] It was a righteous ordinance, and those who had

profited by the old system raised an outcry against it, but in

vain. Eventually the Quebec Act was passed in 1774, the provisions

of which must now be considered.

[Sidenote: Its objects.]

‘The principal objects of the Quebec Bill,’ we read in the _Annual

Register_ for 1774,[47] ‘were to ascertain the limits of that

province, which were extended far beyond what had been settled as

such by the King’s Proclamation of 1763. To form a legislative

council for all the affairs of that province, except taxation,

which council should be appointed by the Crown, the office to be

held during pleasure; and His Majesty’s Roman Catholic subjects

were entitled to a place in it. To establish the French laws, and

a trial without jury, in civil cases: and the English laws, with a

trial by jury, in criminal; to secure to the Roman Catholic clergy,

except the Regulars, the legal enjoyment of their estates, and of

their tythes from all who were of their own religion. These were

the chief objects of the Act.’

[Sidenote: Extension of the boundaries of the province of Quebec.]

It has been seen that, under the Proclamation of 1763, the province

of Quebec included the settled part of Canada, as far as the point

where the 45th parallel of latitude intersected the St. Lawrence,

midway between Montreal and Lake Ontario. Outside the province

were the Labrador coast from the river St. John to Hudson Straits,

which, with the island of Anticosti and other small islands in

the estuary of the St. Lawrence, was placed ‘under the care and

inspection’ of the Governor of Newfoundland; the government of Nova

Scotia, including at the time Cape Breton Island, the territory now

forming the province of New Brunswick, and the island of St. John,

afterwards Prince Edward Island; the territories of the Hudson’s

Bay Company; and the great undefined region of the lakes and the

Ohio as far as the Mississippi. The Quebec Act restored to Canada

or, as it was still styled, the province of Quebec, the Labrador

coast and Anticosti, and included in it, within the lines which

the Act prescribed, the Western territories for which England and

France had fought so hard.

[Sidenote: The Labrador coast added to the province of Quebec.]

The reason for re-annexing the Labrador coast to Canada was

that since 1763, when it had been placed under the Governor of

Newfoundland, there had been constant disputes and difficulties as

to the fishing rights on that coast. It was the old story, so well

known in the case of Newfoundland itself, of a perpetual struggle

between those who lived on or near the spot, and the fishermen

who came over the Atlantic from English ports, and who wanted the

fisheries and the landing-places reserved for their periodical

visits. The Governor of Newfoundland in the years 1764-8 was an

energetic man, Sir Hugh Palliser, who built a fort in Labrador,

and set himself to enforce the fishing rules which prevailed in

Newfoundland. But the Labrador fisheries, it was contended, were

of a more sedentary nature than those of the Newfoundland Banks,

sealing was as prominent an occupation as cod-fishing;[48] the

regulations which kept Newfoundland for the Dorset and Devon

fishing fleets could not fairly be applied to the mainland, and the

coast of Labrador should be placed under regular civil government,

and not be left in the charge of the sea captains who held

authority in Newfoundland.

It was really a case, on a very small scale, of England against

America; and the interesting point to notice is that the opponents

of the Newfoundland régime included alike French Canadians and

New Englanders. The few settlers on the Labrador coast, and the

fishermen and sealers who came either from Canada or from the

New England states, were all concerned to prevent Labrador from

being kept, like Newfoundland, as a preserve for Englishmen, and a

nursery for English sailors; and it illustrates the confusion of

thought which existed among the opponents of the Quebec Act that,

in the debate on the Act, we find Chatham, the champion of the

rights of the American colonists, denouncing the provision which

gave back Labrador to Quebec, on the ground that it would become

a nursery for French instead of English sailors, forgetful that

the system which he wished to perpetuate, had been persistently

obstructed by the men of Massachusetts, forgetful too that true

statesmanship conceived of the French Canadians, on sea or land, as

future loyal citizens of the British Crown.

[Sidenote: Inclusion of the western hinterland in the province of

Quebec.]

But the extension of the boundaries of the province of Quebec on

the Atlantic side was after all a small matter, though the most was

made of it for party purposes. Nor could exception be taken to the

enlargement of the province to the north and north-west, until it

reached the territories which had been granted to, or were claimed

by, the Hudson’s Bay Company. Far more important and more debatable

was the inclusion of the western and south-western regions, which

had been left outside the government of Quebec by the Proclamation

of 1763.

[Illustration:

=Canada under the Quebec Act 1774.= from T. Pownall’s map of the

Middle British Colonies of N. America, London 1775. _to face

page 81_

B. V. Barbishire, Oxford, 1908

]

It will be remembered[49] that these territories had not been

included in the province of Quebec for three reasons: that their

incorporation with the conquered province might have been held to

be an admission that the British title to them only dated from

the conquest of Canada, that their annexation to any particular

province would have given to that province a preponderating

advantage in regard to trade with the Indians, and that the

extension to them of the laws and administration of the province

of Quebec would have necessitated the establishment of a number of

military garrisons throughout the territories. The first of these

three objections was, in fact, taken in the debates on the Quebec

Bill. ‘The first object of the Bill,’ said Mr. Dunning in the House

of Commons on the 26th of May, 1774, ‘is to make out that to be[50]

Canada, which it was the struggle of this country to say, was not

Canada.’ The second objection was clearly potent in the minds of

the partisans of the old British colonies, who opposed the Bill.

It would seem that when the Proclamation of 1763 was issued, the

British Government had contemplated passing an Act of Parliament,

constituting a separate administration for the Western territories,

but the plan, whatever it was, never came to the birth;[51] and,

as the King had foreseen, ‘great inconvenience’ had arisen ‘from

so large a tract of land being left, without being subject to the

civil jurisdiction of some governor’.[52] This inconvenience the

Quebec Act tried to rectify by bringing these western lands under

the government of Canada.

The line now laid down, on the motion of Burke in the House of

Commons, was carried from the point where the 45th parallel of

latitude intersected the St. Lawrence to Lake Ontario, up Lake

Ontario and the Niagara river into Lake Erie, and along the

southern or eastern shore of Lake Erie, until it met the alleged

frontier of the state of Pennsylvania, or, if that frontier was

found not to touch the lake, up to the point nearest to the

north-western angle of Pennsylvania. From that angle it skirted the

western boundary of Pennsylvania down to the Ohio, which river it

followed to the Mississippi.

[Sidenote: Claims of Pennsylvania.]

In the debate in the House of Commons a petition was presented

from the Penns, claiming that part of the province of Pennsylvania

was situated to the north-west of the Ohio, and Lord North offered

no opposition to the petition, on the ground that the Bill was

not intended to affect existing rights. On a map of 1776, after

the passing of the Act, Pennsylvania was shown as jutting out at

an acute angle into Lake Erie, and the boundary line, identical

with the western frontier of the state, started from the lake

near Presque Isle, and struck the Ohio at Logs Town, west of Fort

Duquesne and slightly east of Beaver Creek, leaving to Pennsylvania

the whole course of the Alleghany, and Fort Duquesne or Pittsburg.

It will be noted that, further east, the line, being drawn along

the St. Lawrence and the lakes, excluded from Canada the whole

country of the Six Nations, which had been demarcated as Indian

Territory by the Agreement of 1768.[53] The net result was to leave

the boundary line south of the St. Lawrence, where it had been

drawn in 1763, as far as the intersection of the 45th parallel with

the river, and thence to follow the waterways up to the point in

the southern shore of Lake Erie where the old French route to the

Ohio left the lake. From the Atlantic up to this point the present

international line between Canada and the United States is not far

different at the present day, though more favourable to the United

States, especially where, since the Ashburton Treaty of 1842, the

state of Maine runs northward into the provinces of Quebec and New

Brunswick. But, by carrying the boundary from Lake Erie to the Ohio

and down the Ohio to the Mississippi, all the Illinois country and

all the western lands, for which English and French had contended,

were confirmed to Canada.

[Sidenote: Reasons for the extension of the province.]

There were good reasons for taking this step. Eleven years had

passed since the territories in question had been left as an Indian

reserve. Events move quickly in a border land, and encroachments

grow apace. The time had come for some defined system, some

recognized law and government. As far as there were permanent

settlers in these regions, they were, it would seem, although the

contrary was averred in the House of Commons, French rather than

English; and it would be more palatable for colonists of French

origin to be incorporated with Canada than to be absorbed by the

purely English colonies. The native population would unquestionably

be better cared for under the government of Quebec than under the

legislatures of Pennsylvania and Virginia. The waterways still,

as in old times, made communication easier from Canada than from

the southern colonies; and to those colonies, on the brink of war

against the mother country, the mother country could hardly be

expected to entrust the keeping of the West.

[Sidenote: Arguments urged against it.]

On the other hand there was bitter and intelligible opposition

to the annexation to Canada of ‘immense territories, now desert,

but which are the best parts of that continent and which run on

the back of all your ancient colonies’.[54] The decision which

was now taken meant cutting off the existing English colonies

from the West; and, in view of the other provisions of the Act,

the incorporation of the new territories with Canada placed them

under an administration in which there was at the time no element

of self-government and which gave formal recognition to the Roman

Catholic Church. It was, in short, or seemed to be, an admission

that the old claim of Canada to the regions of the Ohio, against

which, while Canada was still a French possession, the British

Government and the British colonies had alike contended, was after

all a valid claim; and it was, or seemed to be, a pronouncement

that in years to come the future of the Western lands was to be

shaped on Canadian principles and Canadian traditions, rather than

on those which had moulded and inspired the ever-growing colonies

of the British race.

It has been argued that true statesmanship would, in accordance

with the plan which had been at one time contemplated, have

constituted the territories beyond the 45th parallel a separate

province under the Crown, separate alike from Canada on the one

hand, and from Pennsylvania and Virginia on the other. This

might possibly have been a preferable course; but, as subsequent

experience showed in the case of Upper Canada, an inland colony,

whose only outlet is through other provinces, is always in a

difficult position; and the multiplication of communities in North

America had already borne a crop of difficulties. Moreover, the

particular circumstances of the time accounted for the decision

which was taken, as they accounted also for the strong antagonism

which that decision called forth. In the same session in which

the Quebec Act was passed, the British Parliament had already

enacted three punitive laws against the recalcitrant colony of

Massachusetts; one closing the harbour of Boston; another altering

the legislature, and giving to the governor the power of appointing

and removing the judges, magistrates, and sheriffs; and a third

empowering the trial of persons accused of capital offences in the

discharge of their public duties to be held outside the limits

of the province. If it was thought necessary thus to limit the

liberties of one of the English colonies by Imperial legislation,

it would have been hopelessly illogical to enlarge the borders

of others among the sister communities; and if the only possible

alternative was to keep the Western territories directly under the

Crown, it was simpler, and involved less friction and debate, to

attach them by a single clause in a Bill to the existing province

of Quebec, than to treat them as a separate unit and to provide

them with an administration and a legislature by a separate law.

Furthermore, their annexation to Canada outwardly, at any rate,

strengthened at a critical time the one province in America where

the Crown still held undivided sway.

[Sidenote: Sections in the Act which dealt with the religious

question.]

The fifth, sixth, and seventh sections of the Act dealt with

religion. They provided for the free exercise of the Roman

Catholic faith by the members of that Church, subject to the

King’s supremacy as established by the Act passed in the reign of

Queen Elizabeth; but they substituted a simple oath of allegiance

for the oath required by Queen Elizabeth’s statute, and they

confirmed to the Roman Catholic clergy ‘their accustomed dues and

rights’. Protestants were expressly exempted from these payments;

but the Act provided that, from such dues as they would otherwise

have paid, provision might be made for the encouragement of the

Protestant religion and the maintenance of a Protestant clergy. In

other words, freedom of religion was guaranteed, the establishment

of the Roman Catholic Church was recognized by law, and the

principle of concurrent endowment was introduced.

[Sidenote: Other provisions of the Act.]

The eighth section of the Act restored Canadian law and custom in

civil matters, and confirmed existing rights to property, with the

exception of the property of the religious orders. The eleventh

section continued the law of England in criminal matters. The

twelfth, laying down that it was at present inexpedient to call an

Assembly, provided for a nominated Legislative Council, consisting

of not more than twenty-three and not less than seventeen members,

no religious test being imposed. The next section withheld from

the council the power of taxation, such additional taxes as were

deemed necessary being imposed by a separate Act of the Imperial

Parliament.[55]

[Sidenote: The Act embodied a compromise.]

[Sidenote: Opposition to it.]

[Sidenote: Inconsistency of the opponents.]

Such were the principal provisions of the Quebec Act. It embodied

a fair and reasonable compromise. In part the Government retraced

their steps; they restored Canadian civil law, they postponed

indefinitely a representative legislature, but they gave what

could under the circumstances be suitably and prudently given,

religious toleration, trial by jury in criminal matters, and a

council to which the Crown could call representatives of all creeds

and interests. The Bill was attacked in the House of Lords, and

in the House of Commons; and, even after it had become law, in

1775, Lord Camden in the House of Lords, and Sir George Savile

in the House of Commons, presented petitions from the British

inhabitants of the province of Quebec against the Act and moved for

its repeal. The corporation of London petitioned against it. The

American colonists made it the text of the manifesto to the people

of Canada, which has already been noticed.[56] In the debates in

Parliament various points were taken. Fox argued that, as the Bill

gave tithes to the Roman Catholic clergy, it was a money Bill,

and should not have originated, as it did originate in the House

of Lords. Others criticized the absence of any provision for the

rights of Habeas Corpus,[57] and the abolition of trial by jury

in civil cases; but the main attack was on the lines that the law

gave formal recognition to the Roman Catholic Church, that it

withheld popular representation, and that it extended these two

unsound principles to new territories whose lot should rather have

been cast with the English colonies. Reference was made to the

case of the colony of Grenada, in which limited representation in

the popular Assembly had been given to Roman Catholics; but the

opponents of the Quebec Act had not the courage to declare for a

popular Assembly for Canada, without any religious test, for it

would have meant an almost exclusively Roman Catholic legislature.

They were at one and the same time fighting for the Protestant

minority and contending for popular representation, but Protestant

claims and popular representation in Canada were hopelessly at

variance. This made the case of the opposition weak, and this was

the justification of the Act. Lord Chatham denounced it as a most

cruel, oppressive, and odious measure. Burke tried to appeal to

popular prejudice against the Canadian seigniors. He attacked them,

and he pressed the claims of the Protestant minority on the ground

of their commercial importance, descending to such clap-trap as

that in his opinion, in the case in point, one Englishman was worth

fifty Frenchmen. The tone of the opposition was unworthy of the

men, but minds had been so embittered and judgements so clouded by

years of wrangle and debate on the American question, that the Act

for the better government of Canada was viewed by the opponents of

the ministry and the partisans of the colonies mainly as a case of

French against English, and Papists against Protestants. None the

less, the Act was a just and generous measure, and, when Carleton

returned to Canada in September, 1774, his reception by the leading

French Canadians showed that they appreciated it. Because, when

war came, the Canadians as a whole stood aloof in a quarrel which

was no concern of theirs, and some of them joined the revolting

colonies, it was argued in the English Parliament that the Act had

not conciliated them, and therefore stood condemned; but history

has proved that this view was not true. No one measure or series of

measures can at once obliterate differences of race, language, and

creed; but, passed as it was at a time of failures, recrimination,

and bitterness, the Quebec Act stood and will to all times stand to

the credit of English good sense, in dealing with the actual facts

of a difficult position, and the feelings and prejudices of an

alien people.

FOOTNOTES:

[16] _Travels into North America_, by Peter Kalm, Eng. Transl.;

1770, vol. i, pp. 264-5.

[17] Montcalm’s letters, however, to which reference is here

made, are held to have been forged by a Jesuit or ex-Jesuit named

Roubaud. See Mr. Brymner’s _Report on Canadian Archives_ for

the year 1885, p. xiii, &c., and Note E, p. cxxxviii. See also

Parkman’s _Montcalm and Wolfe_, 1884 ed., vol. ii, pp. 325-6, Note.

[18] _History of England in the Eighteenth Century_, 1882 ed., vol.

iii, chap. xii, p. 272.

[19] From the anonymous _Lettre d’un habitant de Louisbourg_, edited

and translated by Professor Wrong, Toronto, 1897, p. 58.

[20] As to the authenticity of Montcalm’s letters, see above, note

to p. 31.

[21] Sir G. Cornewall Lewis, in the _Essay on the Government of

Dependencies_, chap. vi, writes that the North American colonies

‘had not been required at any time since their foundation to

contribute anything to the expenses of the Supreme Government,

and there is scarcely any habit which it is so difficult for a

government to overcome in a people as a habit of not paying’.

[22] _Wealth of Nations_: chapter on the ‘Causes of the Prosperity

of New Colonies’.

[23] _Wealth of Nations_: chapters on the ‘Causes of the Prosperity

of New Colonies’, and on the ‘Advantages which Europe has derived

from the Discovery of America and from that of a Passage to the

East Indies by the Cape of Good Hope’.

[24] The Greek colonies will be remembered to the contrary. Some of

them speedily outgrew the mother cities in wealth and population,

but then they were wholly independent.

[25] _The American Revolution_, 1899 ed., Part I, chap. ii, p. 101.

[26] See above, p. 38.

[27] Chapter on ‘Causes of the Prosperity of New Colonies’.

[28] The above, however, was not Adam Smith’s view. In the chapter

‘Of the Advantages which Europe has derived from the Discovery of

America, &c. &c.’ he writes, ‘The late war was altogether a colony

quarrel, and the whole expense of it, in whatever part of the world

it may have been laid out, whether in Germany or the East Indies,

ought justly to be stated to the account of the colonies.’

[29] It is very difficult to state the case quite fairly as between

the mother country and the colonies. In the first place a broad

distinction must be drawn between the New England colonies and the

more southern colonies. The New Englanders, who had the French on

their borders, made far more sacrifices in men and money than the

southern colonies, some of which, owing to remoteness, took no

part in the war. The efforts of Massachusetts, and the military

expenditure incurred by that colony, are set out by Mr. Parkman in

his _Montcalm and Wolfe_, 1884 ed., vol. ii, chap. xx, pp. 83-6.

In the next place, the regular regiments, though the whole expense

of them was borne by the mother country, were to a considerable

extent recruited in the colonies. The Royal Americans, e.g. were

entirely composed of colonists. At the second siege of Louisbourg

the English force consisted, according to Parkman, of 11,600

men, of whom only 500 were provincial troops, and according to

Kingsford of 12,260, of whom five companies only were Rangers.

The expedition against Ticonderoga, excluding bateau men and

non-combatants, included, according to Kingsford, 6,405 regulars

and 5,960 provincials. Parkman gives 6,367 regulars and 9,034

provincials; this was before the actual advance began, and probably

included bateau men, &c. Forbes’ army contained 1,630 regulars out

of a total of 5,980 (Kingsford). Wolfe’s force at Quebec, in 1759,

numbered 8,535 combatants, out of whom the provincial troops only

amounted to about 700 (Kingsford. See also Parkman’s _Montcalm and

Wolfe_, Appendix H). Amherst, in the same year, in the campaign on

Lakes George and Champlain, commanded 6,537 Imperial troops and

4,839 provincials. [The respective numbers in the different forces

are well summed up in the fifth volume of Kingsford’s _History of

Canada_, pp. 273-4.]

[30] It is interesting to notice that as early as 1652 a proposal

emanated from Barbados that colonial representatives from that

island should sit in the Imperial Parliament.

[31] Grenville carried a resolution in the House of Commons in

favour of the Stamp Act in 1764. The Act received the Royal Assent

in March, 1765, and came into operation on November 1, 1765.

[32] O’Callaghan’s _Documentary History of New York_, vol. ii

(1849), MSS. of Sir William Johnson; this was at a public meeting

of the Six Nations with Sir William Johnson, July 3, 1755.

[33] Sir W. Johnson to the Rev. Mr. Wheelock, October 16, 1762.

_Documentary History of New York_, vol. iv. Paper relating

principally to the conversion and civilization of the Six Nations

of Indians.

[34] See O’Callaghan’s _Documentary History of New York_, 1849,

vol. i, Paper No. 20, pp. 587-91.

[35] General Murray to Lord Shelburne, London, August 20, 1766. See

Kingsford’s _History of Canada_, vol. v, p. 188.

[36] See _Documents Relating to the Constitutional History of

Canada_, 1759-91 (Shortt and Doughty), pp. 37-72.

[37] The delay was probably due to the provisions of the fourth

clause of the Treaty of Paris, by which eighteen months were to be

allowed to the subjects of the French king in Canada, who wished

to leave the country, to do so. The treaty was signed on February

10, 1763, and was ratified by England on February 21, 1763; the

eighteen months were to run from the date of ratification, but

civil government in Canada began on August 10, 1764, i.e. eighteen

months from the date of the treaty itself.

[38] ‘The Canadians are to a man soldiers, and will naturally

conceive that he who commands the troops should govern them.’

Murray to Halifax, October 15, 1764. Shortt and Doughty, p. 153.

[39] The words, ‘under our immediate government,’ did not

connote what would now be called Crown colonies as opposed to

self-governing colonies, but colonies which held under the Crown

and not under proprietors.

[40] The Lords of Trade to Lord Egremont, June 8, 1763. Shortt and

Doughty, p. 104.

[41] Part of the 4th Article of the Peace of Paris in 1763 ran as

follows: ‘His Britannic Majesty, on his side, agrees to grant the

liberty of the Catholic religion to the inhabitants of Canada;

he will in consequence give the most precise and most effectual

orders, that his new Roman Catholic subjects may profess the

worship of their religion according to the rites of the Romish

Church, as far as the laws of Great Britain permit.’

[42] The letter is printed in full in the fifth volume of

Kingsford’s _History of Canada_, pp. 188-90.

[43] For these documents see Shortt and Doughty, pp. 153, &c.

[44] October 29, 1764. See Shortt and Doughty, p. 167.

[45] October, 1766: Shortt and Doughty, pp. 194-5.

[46] For this ordinance see Shortt and Doughty, p. 280. Carleton’s

dispatch of March 28, 1770, which enclosed the ordinance, explained

the reasons for passing it, and submitted in evidence of the

abuses which had sprung up a letter from an ex-captain of Canadian

militia, will be found printed in Mr. Brymner’s _Report on Canadian

Archives_ for 1890 (published in 1891), Note A.

[47] p. 75

[48] A French Canadian petition to the King, drawn up about the end

of 1773, referred in the following terms to the Labrador question:

‘We desire also that His Majesty would be graciously pleased to

re-annex to this province the coast of Labrador, which formerly

belonged to it, and has been taken from it since the peace. The

fishery for seals, which is the only fishery carried on upon this

coast, is carried on only in the middle of winter, and sometimes

does not last above a fortnight. The nature of this fishery, which

none of His Majesty’s subjects but the inhabitants of this province

understand; the short time of its continuance; and the extreme

severity of the weather, which makes it impossible for ships to

continue at that time upon the coasts; are circumstances which all

conspire to exclude any fishermen from old England from having any

share in the conduct of it.’ (Shortt and Doughty, pp. 358-9.)

[49] See above, p. 6, and Shortt and Doughty, p. 111.

[50] See _Canadian Constitutional Development_, Egerton and Grant,

p. 28.

[51] See Shortt and Doughty, p. 381. Paper as to Proposed

extension of Provincial Limits: ‘The King’s servants were induced

to confine the government of Quebec within the above limits,

from an apprehension that there were no settlements of Canadian

subjects, or lawful possessions beyond those limits, and from a

hope of being able to carry into execution a plan that was then

under consideration for putting the whole of the interior country

to the westward of our colonies under one general control and

regulation by Act of Parliament.... The plan for the regulation of

the interior country proved abortive, and in consequence thereof

an immense tract of very valuable land, within which there are

many possessions and actual colonies existing under the faith

of the Treaty of Paris, has become the theatre of disorder and

confusion....’

[52] See above, p. 5, and Shortt and Doughty, p. 108.

[53] See above, p. 59.

[54] _Annual Register_ for 1774, p. 77.

[55] The Quebec Act was 14 Geo. III, cap. 83, and its full title

was ‘An act for making more effectual provision for the government

of the Province of Quebec in North America’. The Quebec Revenue

Act was 14 Geo. III, cap. 88, and its full title was ‘An act to

establish a fund towards further defraying the charges of the

Administration of Justice and support of the Civil Government

within the Province of Quebec in America’. Much was heard of this

latter Act in the constitutional wrangles of later years in Lower

Canada.

[56] See above, p. 60.

[57] The opponents of the Quebec Act maintained that it took away

the right of Habeas Corpus. Thus petitions from English residents

in Quebec, dated November 12, 1774, complained, in respect to the

Quebec Act, ‘That in matters of a Criminal Nature the Habeas Corpus

Act is dissolved:’ and again, ‘That to their inexpressible grief

they find, by an Act of Parliament entitled an act for making

more effectual provision for the government of the province of

Quebec in North America, they are deprived of the Habeas Corpus

Act and trial by juries:’ and again, ‘an Act of Parliament which

deprives His Majesty’s ancient subjects of all their rights and

franchises, destroys the Habeas Corpus Act and the inestimable

privilege of trial by juries’ (Shortt and Doughty, pp. 414-18). The

Government on the other hand contended that before the Quebec Act,

the Statute of Habeas Corpus was not in force in Canada, although,

both before and after the Act, the Common Law right existed. Thus

Wedderburn, the Solicitor-General, before the Quebec Act was

drafted but while the subject matter was being considered by the

Government, reported, ‘It is recommended by the Governor, the Chief

Justice, and the Attorney-General, in their report, to extend the

provisions of the Habeas Corpus Act to Canada. The inhabitants

will, of course, be entitled to the benefit of the writ of Habeas

Corpus at Common Law, but it may be proper to be better assured

of their fidelity and attachment, before the provisions of the

statute are extended to that country’ (Ib. 300); and in November,

1783, Governor Haldimand reported that he was going to propose an

ordinance for introducing the Habeas Corpus Act, ‘which will remove

one of the ill-grounded objections to the Quebec Act, for though

that law had never been introduced into the province, people were

taught to believe that the Quebec Act had deprived the inhabitants

of the benefit of it’ (Ib. 499). The point at issue, and it is not

free from doubt, was whether the introduction _en bloc_ of the

English criminal law into Canada, brought with it _ipso facto_

the introduction of the Habeas Corpus statute. Haldimand passed

his ordinance in 1784 under the title of an ‘Act for securing the

liberty of the subject and for the prevention of imprisonments

out of this province’. The preamble stated that ‘The Legislature

could not follow a better example than that which the Common Law of

England hath set in the provision made for a writ of Habeas Corpus

which is the right of every British subject in that kingdom’.

A history of Canada, 1763-1812 · 第 3 / 11 章