CHAPTER XXIII

SUPPLEMENTAL ANNALS AND SIDELIGHTS OF SOCIAL LIFE

UNDER CONFEDERATION

1867-1914

CONFEDERATION--IMPRESSIONS OF--FUNERAL OF D’ARCY M’GEE--PRINCE

ARTHUR OF CONNAUGHT--THE SECOND FENIAN RAID--THE “SILVER”

NUISANCE--ORGANIZATION OF CANADIAN PACIFIC RAILROAD--RUN ON

A SAVINGS BANK--FUNERAL OF SIR GEORGE ETIENNE CARTIER--NEW

BALLOT ACT--THE “BAD TIMES”--THE NATIONAL POLICY--THE ICE

RAILWAY--THE CANADIAN PACIFIC RAILROAD CONTRACT--THE FORMATION

OF THE ROYAL SOCIETY OF CANADA--OTHER CONGRESSES--THE

FIRST WINTER CARNIVAL--FIFTIETH ANNIVERSARY OF ST. JEAN

BAPTISTE ASSOCIATION--THE GREAT ALLEGORICAL PROCESSION AND

CAVALCADE--THE MONUMENT NATIONAL--THE RIEL REBELLION--SMALLPOX

EPIDEMIC AND RIOTS--THE FLOODS OF 1886--THE FIRST

REVETMENT WALL--THE JESUITS ESTATES BILL AND THE EQUAL

RIGHTS PARTY--LA GRIPPE--THE COMTE DE PARIS--ELECTRICAL

CONVENTION--HISTORIC TABLETS PLACED--THE TWO HUNDRED AND

FIFTIETH ANNIVERSARY OF VILLE MARIE--THE BOARD OF TRADE

BUILDING BURNT--THE CITY RAILWAY ELECTRIFIED--HOME RULE FOR

IRELAND--VILLE MARIA BURNT--THE “SANTA MARIA”--CHRISTIAN

ENDEAVOURERS CONVENTION--THE CHATEAU DE RAMEZAY AS A PUBLIC

MUSEUM--MAISONNEUVE MONUMENT--LAVAL UNIVERSITY--QUEEN

VICTORIA’S DIAMOND JUBILEE--MONTREAL AND THE BOER WAR--THE

VISIT OF THE DUKE AND DUCHESS OF CORNWALL--TURBINE STEAMERS--A

JAPANESE LOAN COMPANY--FIRST AUTOMOBILE FATALITY--FIRES AT

MCGILL--ECLIPSE OF SUN--THE WINDSOR STATION ACCIDENT--THE

“WITNESS” BUILDING BURNT--THE OPENING OF THE ROYAL EDWARD

INSTITUTE--GREAT CIVIC REFORM--THE DEATH OF EDWARD VII--THE

“HERALD” BUILDING BURNT--THE EUCHARISTIC CONGRESS--MONTREAL A

WORLD CITY--THE DRY DOCK--THE “TITANIC DISASTER”--CHILD WELFARE

EXHIBITION--MONTREAL AND THE WAR OF 1914 231

PART II

SPECIAL PROGRESS

CHAPTER XXIV

RELIGIOUS DENOMINATIONS

THE CATHOLIC CHURCH

EARLY CHAPELS AND CHURCHES--THE FIRST PARISH CHURCH--OTHER

CHURCHES STANDING AT THE FALL OF MONTREAL--NOTRE DAME DE

VICTOIRE--- NOTRE DAME OF PITIE--THE “RECOLLET”--THE PRESENT

NOTRE DAME CHURCH--ERECTION AND OPENING--THE “OLD AND

NEW”--THE TOWERS AND BELLS--THE ECCLESIASTICAL DIOCESE OF

QUEBEC--THE BISHOPS OF MONTREAL--THE DIVISION OF THE CITY

INTO PARISHES--THE CHURCHES AND “RELIGIOUS”--ENGLISH-SPEAKING

CATHOLICS--ST. PATRICK’S, IRISH NATIONAL CHURCH, ETC. NOTE: THE

“RELIGIOUS” COMMUNITIES OF MEN AND WOMEN 251

CHAPTER XXV

OTHER RELIGIOUS DENOMINATIONS

ANGLICANISM--EARLY BEGINNINGS--FIRST “CHRIST CHURCH”--THE BISHOPS

OF MONTREAL--HISTORY OF EARLY ANGLICAN CHURCHES.

PRESBYTERIANISM--ST. GABRIEL’S STREET CHURCH--ITS OFFSHOOTS--THE

FREE KIRK MOVEMENT--THE CHURCH OF TODAY.

METHODISM--FIRST CHAPEL ON ST. SULPICE, 1809--THE DEVELOPMENT OF

METHODIST CHURCHES.

THE BAPTISTS--FIRST CHAPEL OF ST. HELEN STREET--FURTHER GROWTH

AND DEVELOPMENT--PRESENT CHURCHES.

CONGREGATIONALISM--CANADA EDUCATION AND HOME MISSIONARY

SOCIETY--FIRST CHURCH ON ST. MAURICE STREET--CHURCHES OF TODAY.

UNITARIANISM--FIRST SERMON IN CANADA, 1832--ST. JOSEPH STREET

CHAPEL--THE CHURCHES OF THE MESSIAH.

HEBREWS--SHEARITH ISRAEL--SHAAC HASHOMOYIM AND OTHER

CONGREGATIONS.

SALVATION ARMY--ITS GROWTH AND DEVELOPMENT.

OTHER DENOMINATIONS.

A RELIGIOUS CENSUS OF MONTREAL FOR 1911 271

CHAPTER XXVI

1760-1841

SCHOOL SYSTEM OF MONTREAL BEFORE THE CESSION

NEW MOVEMENT FOR BOYS--THE COLLEGE OF MONTREAL--THE BEGINNINGS

OF ENGLISH EDUCATION--THE FIRST ENGLISH SCHOOLMASTERS BEFORE

1790--A REPORT OF 1790 FOR THE SCHOOLS OF CANADA--THE DESIRE

TO REAR UP A SYSTEM OF PUBLIC EDUCATION--THE JESUITS’

ESTATES--THE “CASE” AGAINST AMHERST’S CLAIM TO THE JESUITS’

ESTATES AND FOR THEIR DIVERGENCE TO PUBLIC EDUCATION--NEW

ENGLISH MOVEMENT FOR A GENERAL SYSTEM OF EDUCATION--THE

ACT OF 1801--THE ROYAL INSTITUTION FOR THE ADVANCEMENT OF

LEARNING--NEVER A POPULAR SUCCESS--ITS REFORM IN 1818--A

COUNTERPOISE--THE FABRIQUE ACT OF 1824--REVIEW OF SCHOOLS UNDER

THE ROYAL INSTITUTION--SUBSIDIZED SCHOOLS--REVIEW OF CATHOLIC

SCHOOLS--LAY SCHOOLS--LORD DURHAM’S REPORT ON EDUCATION. NOTE:

THE JESUITS’ ESTATES 293

CHAPTER XXVII

1841-1914

THE SCHOOL SYSTEM AFTER THE UNION

THE RISE OF THE “SCHOOL COMMISSIONS OF MONTREAL”

EDUCATION AFTER THE REBELLION--THE EDUCATIONAL ACT OF

1846--THE PERSONNEL OF THE FIRST CATHOLIC AND PROTESTANT

COMMISSIONERS--NORMAL SCHOOLS--THE AMENDED SCHOOL ACT

OF 1868-69--THE CHARTER--THE PROTESTANT HIGH SCHOOL--THE

PROTESTANT COMMISSIONERS, 1869-1914--HISTORY OF

SCHOOLS--LIST OF CATHOLIC COMMISSIONERS, 1869-1914--PRESENT

SCHOOLS UNDER COMMISSION--INDEPENDENT CATHOLIC SCHOOL

COMMISSIONS--THE ORGANIZATIONS COOPERATING WITH THE CENTRAL

COMMISSION--“NUNS”--“BROTHERS”--“LAITY.”

NOTE: SECONDARY EDUCATION--TECHNICAL AND COMMERCIAL--VOCATIONAL 305

CHAPTER XXVIII

UNIVERSITY DEVELOPMENT

I. M’GILL UNIVERSITY

THE ROYAL INSTITUTION--JAMES M’GILL--CHARTER OBTAINED--THE

“MONTREAL MEDICAL INSTITUTE” SAVES M’GILL--NEW LIFE IN

1829--THE RECTOR OF MONTREAL--THE MERCHANTS’ COMMITTEE--M’GILL

IN 1852--THE HISTORY OF THE FACULTIES--BUILDINGS--DEVELOPMENT

SINCE 1895--RECENT BENEFACTORS--MACDONALD COLLEGE--THE

STRATHCONA ROYAL VICTORIA COLLEGE FOR WOMEN. NOTE: THE UNION

THEOLOGICAL MOVEMENT--THE JOINT BOARDS OF THE CONGREGATIONAL,

ANGLICAN, PRESBYTERIAN AND WESLEYAN AFFILIATED COLLEGES.

II. LAVAL UNIVERSITY (MONTREAL DISTRICT)

THE STORY OF ITS COMPONENT PARTS--EVOLUTION FROM THE “ECOLES

DE LATIN”--COLLEGE DE ST. RAPHAEL--ENGLISH STUDENTS--COLLEGE

DECLAMATIONS--THE PETIT SEMINAIRE ON COLLEGE STREET--THE

COLLEGE DE MONTREAL--THE SCHOOLS OF THEOLOGY AND PHILOSOPHY,

CLASSICS, LAW AND MEDICINE--THE APOSTOLIC CONSTITUTION “JAM

DUDUM”--DESCRIPTION OF THE UNIVERSITY BUILDINGS--AFFILIATED

BODIES--THE FACULTIES AND SCHOOLS. NOTE: NAMES OF EARLY

“ENGLISH” STUDENTS AT THE “COLLEGE” 325

CHAPTER XXIX

GENERAL CULTURE

I. THE LIBRARY MOVEMENT

FRENCH:--L’OEUVRE DES BONS LIVRES, 1844--THE CABINET DE LECTURE

PAROISSIAL, 1857.

ENGLISH:--“MONTREAL LIBRARY” AND MONTREAL NEWS ROOM,

1821--MERCANTILE LIBRARY ASSOCIATION, 1844--THE FRASER

INSTITUTE, INCORPORATED 1870--ITS EARLY LITIGATIONS--ITS PUBLIC

OPENING IN 1885--OTHER LIBRARIES.

II. LITERARY AND LEARNED SOCIETIES

THE NATURAL HISTORY SOCIETY, 1827--THE MECHANICS INSTITUTE,

1828--LA SOCIETE HISTORIQUE, 1856--CONFERENCE DES INSTITUTEURS,

1857--THE “INSTITUT CANADIEN”--CERCLE LITTERAIRE DE VILLE

MARIE, 1857--UNION CATHOLIQUE, 1858--(THE GUIBORD CASE)--THE

ANTIQUARIAN AND NUMISMATIC ASSOCIATION, 1862--THE “ECOLE

LITTERAIRE” 1892--ST. JAMES LITERARY SOCIETY, 1898--THE

“DICKENS’ FELLOWSHIP” 1909--OTHER LITERARY ASSOCIATIONS--THE

“BURNS SOCIETY”--THE ALLIANCE FRANCAISE--THE CANADIAN CLUB,

1905.

III. ARTISTIC ASSOCIATIONS

FOREWORD:--INTELLECTUAL AND ARTISTIC EXCLUSIVENESS.

ART:--EARLY ART IN CANADA--THE MODERN MOVEMENT--THE MONTREAL

SOCIETY OF ARTISTS--THE ART ASSOCIATION OF MONTREAL--ITS

HISTORY--ITS PAINTINGS--MONTREAL ART COLLECTIONS--THE ART

SCHOOL--MONTREAL ARTISTS--THE WOMAN’S ART SOCIETY--THE CHATEAU

DE RAMEZAY--THE ROYAL ACADEMY OF ARTS--THE ROYAL SOCIETY OF

CANADA--OUTSTANDING ARTISTS.

THE DRAMA:--PLAYS IN 1804--THE FIRST THEATRE ROYAL BUILT IN

1825--THE SECOND OPENED IN 1850--OTHER THEATRES TO THE

PRESENT--AMATEUR THEATRICAL ASSOCIATIONS--THE DRAMATIC LEAGUE.

MUSIC:--MODERN SOCIETIES--SOCIETE DE STE CECILE--SOCIETE

DE MONTAGNARDS--AMATEUR MUSICAL LEAGUE--MENDELSSOHN

CHOIR--MONTREAL PHILHARMONIC--INSTRUMENTAL MUSIC.

NEWSPAPERS:--MONTREAL HISTORIES 349

CHAPTER XXX

NATIONAL ORIGINS OF THE POPULATION

1834, THE YEAR OF THE SIMULTANEOUS ORIGIN OF THE EARLIEST

NATIONAL SOCIETIES.

ST. JEAN BAPTISTE ASSOCIATION--REORGANIZATION IN 1843--THE

“MONUMENT NATIONAL”--EDUCATION AND SOCIAL AMELIORATIONS--THE

FRENCH-CANADIAN SPIRIT--PRESIDENTS.

ST. GEORGE’S SOCIETY--A CELEBRATION IN 1821--OBJECT--EARLIEST

OFFICERS--THE HISTORY OF ST. GEORGE’S HOME--PRESIDENTS.

ST. ANDREW’S SOCIETY--ORGANIZATION AND FIRST OFFICERS--JOINT

PROCESSIONS OF NATIONAL SOCIETIES--EARLIEST CHARITABLE

ACTIVITIES--THE HEALTH OF THE POPE--THE LORD ELGIN

INCIDENT--THE CRIMEAN WAR--SUBSCRIPTION TO A PATRIOTIC

FUND--THE HISTORY OF ST. ANDREW’S HOME BEGINS--THE HISTORY

OF ST. ANDREW’S HALL--CONDOLENCE ON DEATH OF D’ARCY

MCGEE--PRESIDENTS.

ST. PATRICK’S SOCIETY--ORIGINALLY NON-DENOMINATIONAL--EARLY

PRESIDENTS--THE REORGANIZATION IN 1856--FIRST OFFICERS--FIRST

SOIREE--FIRST ANNIVERSARY DINNER--NATIONAL SOCIETIES

PRESENT--THE TOASTS--IRISH COMPANIES IN CORPUS CHRISTI

PROCESSION--IRISH PARLIAMENTARY REPRESENTATION--T. D’ARCY

M’GEE--EMIGRATION WORK--ST. PATRICK’S HALL--PRESIDENTS.

IRISH PROTESTANT BENEVOLENT SOCIETY--EARLY

MEMBERS--WORKS--PRESIDENTS.

GERMAN SOCIETY--HISTORY AND PRESIDENTS.

WELSH SOCIETY--ORIGINALLY THE “WELSH UNION OF

MONTREAL”--AFTERWARD--ITS OBJECT--PRESIDENTS.

NEWFOUNDLAND SOCIETY--ORIGIN--PRESIDENTS.

THE ZIONIST MOVEMENT--THE JEWISH COMMUNITY.

OTHER NATIONAL ASSOCIATIONS AND CENSUS OF POPULATION FOR 1911 369

CHAPTER XXXI

PUBLIC SAFETY SERVICES

FIGHTING FIRE--DARKNESS--FLOODS--DROUGHT

1. FIRE FIGHTING--THE FIRE OF 1765--“THE CASE OF THE CANADIANS

OF MONTREAL”--THE EXTENT OF THE FIRE--FIRE PRECAUTIONS

SUGGESTED--OTHER HISTORICAL FORCES--THE MONTREAL FIRE FORCES OF

THE PAST AND PRESENT.

2. THE LIGHTING OF MONTREAL--OIL LAMPS, 1815--GAS,

1836--ELECTRICITY--FIRST EXPERIMENTS IN THE STREETS, 1879--THE

ELECTRIC LIGHTING COMPANIES--NOTES ON INTRODUCTION OF THE

TELEGRAPH--FIRE ALARM--ELECTRIC RAILWAY.

3. FLOODS, EARLY AND MODERN, 1848, 1857, 1861, 1865, 1886--THE

PRACTICAL CESSATION IN 1888.

4. THE CITY WATER SUPPLY--THE MONTREAL WATER WORKS--PRIVATE

COMPANIES--THE MUNICIPAL WATER WORKS--THE PUMPING PLANTS--THE

WATER FAMINE OF 1913 397

CHAPTER XXXII

LAW AND ORDER

JAILS--POLICE SERVICES--COURTHOUSE--LAW OFFICERS

EARLY PUNISHMENTS--FIRST CASES OF THE MAGISTRATES--GEORGE THE

“NAGRE”--“EXECUTION FOR MURDER”--OTHER CRIMES PUNISHED BY

DEATH--SOLDIER DESERTIONS--A PUBLIC EXECUTION--THE JAILS--- THE

JAIL TAX TROUBLES--OBNOXIOUS TOASTS--THE NEW JAIL OF 1836--ITS

POPULATIONS--THE NEW BORDEAUX PRISON--OTHER SUPPLEMENTARY

PRISONS--THE EARLY POLICING OF MONTREAL--THE LOCAL POLICE

FORCE OF 1815--THE POLICE FORCE AFTER THE REBELLION OF

1837-1838--POLICE CHIEFS--MODERN LAW COURTS AND JUDGES--THE

HISTORY OF THE BAR--THE BAR ASSOCIATIONS OF MONTREAL--THE

RECORDERS--THE ARCHIVES. SUPPLEMENT--THE JUDGES OF THE HIGHER

COURTS FROM 1764 TO 1914--THE SHERIFFS OF MONTREAL--THE

PROTHONOTARIES--THE COURTHOUSE SITES--THE BATONNIERS 413

CHAPTER XXXIII

HOSPITALS

THE HOTEL DIEU: JEANNE MANCE--THE HOSPITALIERES OF LA FLECHE--THE

HOTEL DIEU CHAPEL--ST. PATRICK’S HOSPITAL--THE MIGRATION TO

PINE AVENUE--THE PRESENT MODERN HOSPITAL.

THE GENERAL HOSPITAL: “THE LADIES BENEVOLENT SOCIETY”--THE HOUSE

OF RECOVERY--THE MONTREAL GENERAL HOSPITAL--ITS BENEFACTORS AND

ITS ADDITIONS--THE EARLY TRAINING OF NURSES--THE ANNEX OF 1913.

THE NOTRE DAME HOSPITAL: THE LAVAL MEDICAL FACULTY--THE OLD

DONEGANI HOTEL--THE LADY PATRONESSES--MODERN DEVELOPMENT.

THE WESTERN HOSPITAL: THE BISHOPS COLLEGE MEDICAL FACULTY--THE

WOMEN’S HOSPITAL.

THE ROYAL VICTORIA HOSPITAL: IN MEMORY OF QUEEN VICTORIA--ITS

DESCRIPTION--ITS INCORPORATION--ITS EQUIPMENT.

THE HOMEOPATHIC HOSPITAL: FIRST ORGANIZED

WORK--INCORPORATION--THE FIRST HOSPITAL--THE FURTHER

DEVELOPMENTS--THE PHILLIPS TRAINING SCHOOL FOR NURSES.

THE HOSPITALS FOR THE INSANE: EARLY TREATMENT OF INSANE--THE

ORIGIN AND DEVELOPMENT OF THE HOSPITALS ST. JEAN DE DIEU AT

LONGUE POINTE AND THE PROTESTANT ASYLUM AT VERDUN.

CIVIC HOSPITALS: THE SMALLPOX HOSPITAL--“CONTAGIOUS”

HOSPITALS--HOSPITAL ST. PAUL--ALEXANDRA HOSPITAL.

TUBERCULOSIS DISPENSARIES: THE ROYAL EDWARD INSTITUTE--PIONEER

TUBERCULOSIS CLINIC IN CANADA--PUBLIC HEALTH EXHIBITIONS--THE

INSTITUTE BRUCHESI: ITS DEVELOPMENT--THE GRACE DART HOME--CIVIC

AID.

CHILDREN’S HOSPITALS: THE CHILDREN’S MEMORIAL HOSPITAL--STE.

JUSTINE. OTHER HOSPITAL ADJUNCT ASSOCIATIONS. NOTE: MEDICAL

BOARDS: PRIVATE, PROVINCIAL, MUNICIPAL 433

CHAPTER XXXIV

SOCIOLOGICAL MOVEMENTS

I. CARE OF THE AGED, FOUNDLINGS AND INFANTS.

II. RELIEF MOVEMENTS.

III. SICK VISITATION AND NURSING BODIES.

IV. MOVEMENTS FOR THE “UNFORTUNATES.”

V. VOCATIONAL TRAINING FOR THE HANDICAPPED.

VI. IMMIGRATION WORK.

VII. HUMANITARIAN MOVEMENTS FOR BOYS.

VIII. HEBREW SOCIAL WORKS.

IX. COOPERATIVE MOVEMENTS.

X. MOVEMENTS FOR SAILORS AND SOLDIERS.

XI. TEMPERANCE MOVEMENTS.

XII. THE IMPROVEMENT OF THE CONDITIONS OF WORKERS.

XIII. RECENT SOCIAL MOVEMENTS.

XIV. MUNICIPAL CHARITIES. 457

CHAPTER XXXV

COMMERCIAL HISTORY BEFORE THE UNION

MONTREAL’S EARLY BUSINESS FIRMS--A PROPHECY AT BEGINNING

OF NINETEENTH CENTURY--CULTIVATION OF HEMP--ST. PAUL

STREET--SLAVES IN MONTREAL--DOCTORS AND DRUGS IN

1815--WHOLESALE FIRMS IN 1816--FIRST MEETING OF COMMITTEE

OF TRADE--NOTRE DAME STREET--M’GILL STREET--FRENCH CANADIAN

BUSINESSES--SHIP CARGOES--THE SHOP FRONTS IN 1839 527

CHAPTER XXXVI

COMMERCIAL HISTORY SINCE THE UNION

THE RISE OF MODERN MANUFACTURES AND INDUSTRIES

MONTREAL CENTER OF CANADIAN TRADE--LORD ELGIN’S OPINION OF THE

CANADA CORN ACT--TRADE DEPRESSION BEGINNING IN 1847--SUGAR

AND FLOUR INDUSTRIES--THE PANIC OF 1860--A PROSPEROUS

DECADE--ANOTHER DEPRESSION--THE NATIONAL POLICY--PROSPERITY

AGAIN IN THE EIGHTIES--ST. CATHERINE STREET--THE RISE

OF FURTHER INDUSTRIES--THE RISE OF THE COMMERCIAL

ASSOCIATIONS--THE COMMITTEE OF TRADE--ITS ACTIVITIES--THE BOARD

OF TRADE--ITS ACTIVITIES IN CANAL, PORT, RAILWAY, CANADIAN AND

EMPIRE EXPANSION--ITS INTEREST IN CIVIC GOVERNMENT AND GENERAL

CIVIC BETTERMENT--ITS BUILDING--ITS SOCIAL FUNCTIONS--THE

“CHAMBRE DE COMMERCE”--ITS ORIGIN--THE OTHER MERCHANTS’

ASSOCIATIONS OF THE CITY--A TRIBUTE TO THE MERCHANTS OF

MONTREAL. NOTES: PRESIDENTS OF THE BOARD OF TRADE--CENSUS

(1912) OF MONTREAL MANUFACTURES 535

CHAPTER XXXVII

FINANCE

MONTREAL BANKING AND INSURANCE BODIES

I. BANKING: HAMILTON’S PLAN FOLLOWED BY THE FIRST BANK OF THE

UNITED STATES IN 1791--1792, THE ATTEMPTED CANADA BANKING

COMPANY AT MONTREAL--DELAY THROUGH AMERICAN WAR OF 1812--1815,

RENEWED AGITATION FOR A BANK CHARTER FOR MONTREAL--1817,

THE FIRST BANK OF MONTREAL WITHOUT A CHARTER--ITS FIRST

OFFICERS--OTHER BANKS FOLLOW--THE QUEBEC BANK--THE RIVAL

“BANK OF CANADA”--THE BANK OF BRITISH NORTH AMERICA--MOLSONS

BANK--THE MERCHANTS BANK--BANQUE JACQUES CARTIER, PREDECESSOR

TO BANQUE PROVINCIALE--THE ROYAL BANK--THE BANQUE

D’HOCHELAGA--THE MONTREAL CITY AND DISTRICT BANK--BANKS WITH

HEAD OFFICES ELSEWHERE--MONTREAL BANK CLEARINGS WITH CANADIAN

AND NORTH AMERICAN CITIES.

II. INSURANCE: THE PIONEER FIRE INSURANCE COMPANY OF CANADA--THE

“PHOENIX”--THE “AETNA”--IN THE FIFTIES AND SIXTIES--THE GREAT

FIRE OF 1854--LATER COMPANIES. A. LIFE INSURANCE: THE PIONEER

COMPANIES--THE SCOTTISH AMICABLE AND SCOTTISH PROVIDENT

COMPANIES. B. MISCELLANEOUS INSURANCE 553

CHAPTER XXXVIII

TRANSPORTATION

I

SHIPPING--EARLY AND MODERN

BY RIVER AND STREAM

MONTREAL HEAD OF NAVIGATION--LAKE ST. PETER--JACQUES CARTIER’S

DIFFICULTIES--THE GRADUAL DEEPENING OF THE CHANNEL--THE LACHINE

CANAL IN 1700--ITS FURTHER HISTORY--MONTREAL THE HEAD OF THE

CANAL SYSTEM OF CANADA.

II

THE DEVELOPMENT OF MONTREAL SHIPPING

A--SAILING VESSELS

BIRCH BARK CANOE--BATEAU--DURHAM BOAT--SHIPBUILDING IN MONTREAL.

B--STEAM VESSELS

JOHN MOLSON’S ACCOMMODATION, 1809--PASSENGER FARES BETWEEN

MONTREAL AND QUEBEC--PASSAGE DESCRIBED--THE TORRANCES--INLAND

NAVIGATION--THE RICHELIEU AND ONTARIO COMPANY--THE FIRST UPPER

DECK STEAMER TO SHOOT THE LACHINE RAPIDS.

C--ATLANTIC LINERS

THE ROYAL WILLIAM FIRST OCEAN STEAMER AND PIONEER OF THE

OCEAN LINERS--ITS CONNECTION WITH MONTREAL--MAIL SERVICE TO

MONTREAL--THE GENOVA--- ARRIVAL IN MONTREAL IN 1853--DINNER TO

CAPTAIN PATON--THE CRIMEAN WAR--THE MONTREAL OCEAN STEAMSHIP

COMPANY--THE FIRST CANADIAN ATLANTIC SHIP COMPANY--THE ALLAN

LINE--EARLY BOATS--MAIL CARRIERS--1861 DISASTERS--SUBSEQUENT

SUCCESS--THE PRESENT MONTREAL ALLAN SERVICE--THE CANADIAN

PACIFIC RAILWAY STEAMSHIP LINES--OTHER LINES--THE SHIPPING AND

THE WAR OF 1914--THE GREAT ARMADA 569

CHAPTER XXXIX

TRANSPORTATION

I

THE DEVELOPMENT OF THE PORT OF MONTREAL--HERIOT’S DESCRIPTION

IN 1815--T.S. BROWN IN 1818--THE ISLAND WHARF--THE

CREEK--THE PRIMITIVE WHARVES--THE “POINTS”--THE RIVER

FRONT--THE SPRING FLEET--FIREWOOD RAFTS--TOW BOATS--THE

EVERETTA--AN ACCOUNT OF 1819--BOUCHETTE’S PLAN OF 1824--THE

FIRST HARBOUR COMMISSIONERS, “THE TRINITY BOARD”--FIRST

REPORT--LATEST REPORT--EARLY ENGINEERS--REVIEW OF HARBOUR IN

1872--A TRANSFORMATION FROM 1818--GRAIN ELEVATORS--NUMBER

OF VESSELS--MARKET AND WOOD BOATS--THE BONSECOURS

MARKET--1875 PLAN FOR IMPROVEMENT NOW CARRIED OUT--FLOATING

DOCK--DESCRIPTION OF PRESENT HARBOUR--ITS FACILITIES FOR

FURTHER DEVELOPMENT--THE DESIRE TO LENGTHEN THE SHIPPING SEASON.

II

HARBOUR COMMISSIONERS--THE HARBOUR COMMISSIONERS FROM 1830 TO THE

PRESENT TIME.

III

CUSTOMS--SHIPPING FEDERATION--THE PILOTAGE AUTHORITY--IMPORTS AND

EXPORTS 585

CHAPTER XL

TRANSPORTATION BY RAIL

IV

MONTREAL AND THE RAILWAYS OF CANADA

MONTREAL THE CENTRE OF RAILWAY COMMUNICATION--THE FIRST

RAILWAY--THE SNAKE RAIL AND THE “KITTEN”--“THE CHAMPLAIN AND

THE ST. LAWRENCE”--THE SECOND RAILWAY. THE ATLANTIC AND ST.

LAWRENCE--THE AMALGAMATION INTO THE GRAND TRUNK RAILWAY COMPANY.

1. ITS HISTORY--ITS PRESIDENTS--AN INTERESTING REPORT AT

CONFEDERATION--NEW FREIGHT YARDS--CHAS. M. HAYS AND THE GRAND

TRUNK PACIFIC RAILWAY--THE BUILDING OF THE VICTORIA BRIDGES BY

THE GRAND TRUNK RAILROAD.

2. THE CANADIAN PACIFIC RAILWAY--ITS FINANCIERS--TWIN TO

CONFEDERATION--OPPOSITION TO PROMOTERS--EARLY FINANCIAL

DIFFICULTIES--NO BIG FORTUNES MADE--ROLLING STOCK--A

REAL EMPIRE BUILDER--HELPING NEW INDUSTRIES--HUGE LAND

HOLDINGS--IRRIGATION OF BARREN LANDS.

3. OTHER SYSTEMS--THE “INTERCOLONIAL”--THE CANADIAN NORTHERN AND

ITS MOUNTAIN TUNNEL 607

CHAPTER XLI

TRANSPORTATION BY ROAD

I

THE ANCIENT AND MODERN POSTAL SERVICE OF MONTREAL

ANCIENT ROADS--THE “GRAND VOYER”--GOOD ROADS MOVEMENT--THE

EVOLUTION OF ROADS--“POST” MASTERS RECOGNIZED IN

1780--THE EARLY POSTAL SYSTEM OF MONTREAL AND BENJAMIN

FRANKLIN--BURLINGTON THE TERMINUS--EARLY LETTER RATES--MAIL

ADVERTISEMENTS--THE QUEBEC TO MONTREAL POSTAL SERVICE--EARLY

POSTOFFICE IN MONTREAL--OCEAN AND RAILWAY MAIL SERVICE--THE

PRESENT POSTOFFICE--ITS HISTORICAL TABLETS BY FLAXMAN--THE

DEVELOPMENT OF THE POSTAL SYSTEM--THE POSTMASTERS OF MONTREAL.

II

STREET TRANSPORTATION

MODERNIZING MONTREAL

MONTREAL IN 1861--THE STREET RAILWAY MOVEMENT--THE “MONTREAL

CITY PASSENGER RAILWAY COMPANY” CHARTERED--THE HISTORY OF THE

COMPANY--ITS FIRST PROMOTERS--EIGHT PASSENGER CARS, SIX MILES,

HORSE SERVICE IN 1861--THE OPENING UP OF THE STREETS--WINTER

SERVICE OF SLEIGHS--1892 THE BEGINNING OF ELECTRIC ERA--THE

CONVERSION OF THE SYSTEM INTO ELECTRIC TRACTION--THE GRADUAL

GROWTH OF THE COMPANY 623

CHAPTER XLII

1760-1841

CITY IMPROVEMENT FROM THE CESSION

UNDER JUSTICES OF THE PEACE

EARLY STREET REGULATIONS--A PICTURE OF MONTREAL HOUSES IN

1795--FURTHER STREETS OPENED--A “CITY PLAN” MOVEMENT IN

1799--HOUSES AT THE BEGINNING OF THE EIGHTEENTH CENTURY--MAP

OF 1801--CITY WALLS TO BE DEMOLISHED--CITADEL HILL

REMOVED--FURTHER IMPROVEMENTS--ROAD COMMISSIONERS--PICTURE

OF 1819--IMPROVEMENTS DURING THE TRANSITIONAL PERIOD OF THE

JUSTICES AND THE MUNICIPALITY--PICTURE OF 1839 BY BOSWORTH 635

CHAPTER XLIII

1841-1867

CITY IMPROVEMENT AFTER THE UNION

UNDER THE MUNICIPALITY

GREAT STRIDES AT THE UNION--THE EARLY MARKET PLACES--THE

BONSECOURS MARKET--OTHER MARKETS--PUBLIC PLACES--THE EARLY

SQUARES--PRESENT PARKS--THE EARLY CEMETERIES--THE FIRST JEWISH

CEMETERY--THE DORCHESTER STREET PROTESTANT CEMETERY--DOMINION

SQUARE--MOUNT ROYAL--COTE DES NEIGES--OTHER CEMETERIES--GENERAL

CITY IMPROVEMENT--AREAS OF PUBLIC PLACES 641

CHAPTER XLIV

1867-1914

CITY IMPROVEMENT SINCE CONFEDERATION

THE RISE OF METROPOLITAN MONTREAL

THE METROPOLITAN ASPECT OF MONTREAL IN 1868--EDUCATIONAL

BUILDINGS--THE CITY STREET RAILWAY AIDS SUBURBAN

EXTENSION--FORECAST OF ANNEXATIONS--THE CITY HOMOLOGATED

PLAN--THE ANNEXATION OF SUBURBAN MUNICIPALITIES IN 1883--TABLE

OF ANNEXATION SINCE 1883--PREFONTAINE’S REVIEW OF THE YEARS

1884-1898--IMPROVEMENTS UNDER THE BOARD OF CONTROL--A REVIEW

OF THE LAST TWO DECADES OF METROPOLITAN GROWTH--THE CHANGES

DOWNTOWN--THE GROWTH UPTOWN.

STATISTICAL SUPPLEMENTS: 1. STATEMENT OF BUILDINGS. 2. REAL

ESTATE ASSESSMENTS. 3. RECENT BUILDINGS ERECTED OR COMPLETED.

4. THE METROPOLITAN POPULATION; COMPARATIVE STUDIES ON THE

POPULATION OF MONTREAL WITH THE CITIES OF THE CONTINENT. 5. OF

THE WORLD. 6. OPTIMISTIC SPECULATIONS FOR THE FUTURE. 7. VITAL

CITY STATISTICS IN 1912. 8. A PLAN FOR “GREATER MONTREAL”--THE

HISTORY OF THE PRESENT MOVEMENT 651

UNDER ENGLISH RULE

PART I

CONSTITUTIONAL AND CIVIC PROGRESS

CHAPTER

I THE EXODUS--“THE OLD ORDER CHANGETH, GIVING PLACE TO NEW.”

II THE INTERREGNUM--MILITARY RULE.

III THE TREATY OF PARIS--NEW CIVIL GOVERNMENT.

IV CITY GOVERNMENT UNDER JUSTICES OF THE PEACE.

V PRELIMINARY STRUGGLES FOR AN ASSEMBLY--THE CASE FOR THE

MERCHANTS.

VI THE QUEBEC ACT--1774. THE CASE FOR THE NOBLESSE.

VII REVOLUTIONARY WAR OF 1775.

VIII MONTREAL BESIEGED.

IX MONTREAL AN AMERICAN CITY.

X THE ASSEMBLY AT LAST. 1791.

XI THE FUR TRADERS.

XII FRENCH REVOLUTIONARY DESIGNS.

XIII THE INVASION OF 1812-1813.

XIV ANNALS AND SIDELIGHTS.

XV BUREAUCRACY AND DEMOCRACY.

XVI MURMURS OF REVOLUTION.

XVII IN THE THROES OF CIVIL WAR.

XVIII PROCLAMATION OF UNION--RESPONSIBLE GOVERNMENT.

XIX UNDER THE UNION.

XX THE MUNICIPALITY OF MONTREAL.

XXI ANNALS AND SIDELIGHTS.

XXII UNDER CONFEDERATION.

XXIII ANNALS AND SIDELIGHTS.

HISTORY OF MONTREAL

CHAPTER I

THE EXODUS FROM MONTREAL

1760

“THE OLD ORDER CHANGETH, GIVING PLACE TO NEW”

AMHERST’S LETTER REVIEWING EVENTS LEADING UP TO THE

CAPITULATION--THE SURRENDER OF ARMS--THE REVIEW OF BRITISH

TROOPS--THE DEPARTURE OF THE FRENCH TROOPS--END OF THE

PECULATORS--VAUDREUIL’S CAPITULATION CENSURED--DEPARTURE OF

THE PROVINCIAL TROOPS--ARRANGEMENTS FOR THE GOVERNMENT OF THE

COLONY--DEPARTURE OF AMHERST--THE TWO RACES LEFT BEHIND. NOTES:

(1) THE EXODUS AND THE REMNANT.--(2) THE POPULATION OF CANADA

AT THE FALL.

On the capitulation of Montreal in the grey of the early morn of

September 8, 1760, British Rule began and the Régime of France

was ended. On the 9th the victorious Amherst wrote his official

account to the Honourable Lieutenant Governor Hamilton. The

details therein will serve to recapitulate the history of the

final downpour on Montreal during the days preceding its fall,

with the new era commencing, and accordingly we present it to our

readers.

“Camp of Montreal,

9th September, 1760.

Sir:

In Mine of the 26th ultimo I acquainted You with the progress of

the Army after the departure from Oswego and with the Success of

His Majesty’s Arms against Fort Levis, now Fort William Augustus,

where I remained no longer than was requisite to make Such

preparations as I Judged Essentially necessary for the passage of

the army down the River, which took me up to the 30th.

In the morning of the following day I set out and proceeded from

Station to Station to our present Ground, where we arrived on the

6th in the evening, after having in the passage sustained a loss

of Eighty-Eight men drowned,----Batteaus of Regts. seventeen of

Artillery, with Some Artillery Stores, Seventeen Whaleboats, one

Row Galley staved, Occasioned by the Violence of the Current and

the Rapids being full of broken Waves.

The Inhabitants of the Settlements I passed thro’ in my way

hither having abandoned their Houses and run into the Woods I

sent after them; Some were taken and others came of their own

Accord. I had them disarmed and Caused the oath of Allegiance to

be tendered to them, which they readily took; and I accordingly

put them in quiet possession of their Habitations, with Which

treatment they seemed no less Surprised than happy. The troops

being formed and the Light Artillery brought up, the Army lay on

their Arms till the Night of the 6th.

On the 7th, in the morning, two Officers came to an advanced post

with a Letter from the Marquis de Vaudreuil referring me to what

one of them, Colonel Bouguinville, had to say. The Conversation

ended with a Cessation of Arms till 12 o’Clock, when the

Proposals were brought in; Soon after I returned them with the

terms I was willing to grant, Which both the Marquis de Vaudreuil

and Mons. de Lévis, the French General, were very strenuous to

have softened; this Occasioned Sundry Letters to Pass between us

During the day as well as the Night (when the Army again lay on

their Arms), but as I would not on any Account deviate in the

Least from my Original Conditions and I insisted on an Immediate

and Categorical answer Mr. de Vaudreuil, soon after daybreak,

Notified to me that he had determined to Accept of them and two

Sets of them were accordingly Signed by him and me and Exchanged

Yesterday when Colonel Haldimand, with the Grenadiers and the

Light Infantry of the Army took Possession of One of the Gates of

the town and is this day to proceed in fulfilling the Articles

of the Capitulation; By which the French Troops are all to lay

down their arms; are not to serve during the Continuance of the

Present War and are to be sent back to Old France as are also

the Governors and Principal Officers of the Legislature of the

Whole Country, Which I have now the Satisfaction to inform You

is entirely Yielded to the Dominion of His Majesty. On which

Interesting and happy Event I most Sincerely Congratulate you.

Governor Murray, with the Troops from Quebec, landed below the

Town on Sunday last & Colonel Haviland with his Corps (that took

possession of the Isle aux Noix, Abandoned by the enemy on the

28th) Arrived Yesterday at the South Shore Opposite to My Camp. I

am, with great regard,

Sir,

Your most Obedient,

Humble Servant

JEFF AMHERST.

The Honourable Lt. Governor Hamilton.

(Endorsed by Hamilton, Camp Montreal, 7 ber, 1776. General

Amherst, received by Post Tuesday, 23d September.)”[1]

Haldimand, as directed by Amherst on the 9th, received the

submission of the troops of France.

In the French camp, de Lévis reviewed his forces--2,132 of all

ranks. In his Journal they are thus summarized:

Officers present 179

Soldiers 1953

----

2132

Officers returned to France 46

Soldiers invalided 241

----

287

----

Total 2419

Soldiers described as absent from their regiments 927

----

3346

[Illustration: FORTIFICATIONS OF MONTREAL, 1760]

There on the Place d’Armes yielded up their arms, all that was

left of the brave French warriors who had no dishonour in their

submission, surrendering only to the overwhelming superior

numbers of the English conquerors. With de Lévis was the able

de Bourlamaque and the scholarly soldier de Bougainville, with

Dumas, Rocquemaure, Pouchot, Luc de la Corne and so many of the

heroes of Ticonderoga and Carillon. There too was de Vaudreuil,

the Governor General, Commander-in-Chief, and last governor of

New France, with his brother, the last Governor of Montreal under

the Old Régime. Haviland’s entourage and the British troops

present could not but admire their late opponents.

The only jarring note of the ceremony was the absence of the

French flags from the usual paraphernalia to be delivered up.

The omission is thus signaled by Amherst, in his official report

of the submission, who after mentioning the surrender of the

two captured British American stands of colours goes on to say

that there were no French colours forthcoming: “The Marquis de

Vaudreuil, generals and commanding officers of the regiment,

giving their word of honour that the battalions had not any

colours; they had brought them with them six years ago; they were

torn to pieces and finding them troublesome in this country they

had destroyed them.”

They had however been but recently destroyed, for the “Journal”

of de Lévis, written by him Cæsar-like in the third person,

tells how, after being unable to shake the determination of de

Vaudreuil to capitulate without the honours of war, de Lévis,

in order to spare his troops a portion of the humiliation they

were to undergo, had ordered them to burn their colours to avoid

the hard condition of handing them over to the enemy. “_M. le

Chevalier de Lévis voyant avec douleur que rien ne pouvoit faire

changer la determination de M. le Marquis de Vaudreuil voulant

épargner aux troupes une partie de l’humiliation quelles alloient

subir, leur ordonna de brûler leurs drapeaux pour se soustraire à

la dure condition de les remettre aux ennemis._”[2] (_Cf. Journal

des Campagnes du Chevalier de Lévis en Canada, 1756-1760. Edited

by l’Abbé H.R. Casgrain, Montreal, C.O. Beauchemin et fils,

1889._)

On the 11th Amherst turned out his whole force and received

Vaudreuil on parade. Between these two, friendly relations had

been established. Place d’Armes was again a scene of colour with

the presence of the British regiments led by Murray, Haviland,

Burton, Gage, Fraser the gallant Highlander, Guy Carleton, who

was to become the famous viceroy of Canada and to die Lord

Dorchester, Lord Howe, and the scholarly Swiss soldier Haldimand.

There were present, too, Sir William Johnston, the baronet of the

Mohawk Valley and leader of the six nations, Major Robert Rogers

of the famous rangers,[3] with his two brothers, and others

of note. No doubt de Vaudreuil’s suite was not far off with

de Lévis, de Bourlamaque, de Bougainville, Dumas, Roquemaure,

Pouchot, Luc de la Corne, with the nefarious Intendant Bigot

and all the principal officers of the colony who had been in

Montreal, the headquarters of government since the fall of Quebec.

During the three following days the town was definitely occupied

by the British, and the arrangements completed for the departure

of the French Regulars. The regiments of Languedoc and Berry,

with the marine corps, were embarked on the 13th; the regiments

of Royal Rousillon and Guyenne on the 14th; on the 16th the

regiments of La Reine and Béarn. On the 17th de Lévis, with de

Bourlamaque, started for Quebec; de Vaudreuil and Bigot left on

the 20th and 21st. By the 22nd every French soldier had left

Montreal, except those who had married in the country and who had

resolved to remain in it and transfer their allegiance to the new

government.[4]

Fate had dealt a severe blow to the brave defenders of Canada

whom we now find sailing from Montreal to France, which would

appear to have abandoned them. The regulars and the colonial

troops, in spite of their jealousies and emulations, were brave

men, and duly honoured as such by the British soldiery who saw

the vessels bearing on the broad St. Lawrence so many of those

who had recently disputed the long drawn out strife for the

conquest of Canada. Speaking of this, “the most picturesque

and dramatic of American wars,” Parkman continues: “There is

nothing more noteworthy than the skill with which the French

and Canadian leaders use their advantages; the indomitable

spirit with which, slighted and abandoned as they were, they

grappled with prodigious difficulties and the courage with which

they were seconded by regulars and militia alike. In spite of

occasional lapses, the defence of Canada deserves a tribute of

admiration.”--(“Montcalm and Wolfe,” Vol. II, p. 382.)

The departures from Montreal and Quebec must have been indeed

heart-rending. That from Montreal, since the fall of Quebec,

the home of all the high officials of the civil, religious and

military governments, was the most striking, as the natural

leaders of the colony were mostly there. “There repassed into

Europe,” says the French Canadian historian, F.X. Garneau, “about

185 officers, 2,400 soldiers valid and invalid, and fully 500

sailors, domestics, women and children. The smallness of this

proved at once the cruel ravages of the war, the paucity of

embarkations of succour sent from France, and the great numerical

superiority of the victor. The most notable colonists at the

same time left the country. Their emigration was encouraged,

that of the Canadian officers especially, whom the conquerors

desired to be rid of and whom they eagerly stimulated to pass to

France. Canada lost by this self-expatriation the most precious

portion of its people, invaluable as its members were from their

experience, their intelligence and their knowledge of public and

commercial affairs.”[5] (Bell’s translation, Vol. II, p. 294.)

[Illustration: SIR GUY CARLETON]

[Illustration: GENERAL JAMES MURRAY]

[Illustration: LORD JEFFREY AMHERST]

The clergy, however, solidly remained at their posts to build up

the self-esteem of the people and to rear up a loyal race. Hence

the respect and gratitude due to them by the French Canadians of

today.

Yet there were many of whom the country was well rid, such as

Bigot, Cadet, Péan, Bréard, Varin, Le Mercier, Pénisseault,

Maurin, Corpron and others, accused of the frauds and peculations

that helped to ruin Canada. A great sigh of relief might well

have escaped from the French who had been ruined by them.

Most of the ships provided by the English government weathered

the November gales. The vessel L’Auguste containing Saint-Luc de

la Corne, his brother, and others, after being storm-tossed and

saved from conflagration, finally drove towards the shore, struck

and rolled on its side, and became wrecked on the Cap du Nord,

Ile Royale. La Corne, with six others, gained the shore, and he

reached Quebec before the end of the winter, as his journal tells

us. His name was to become familiar at Montreal under the British

régime.

The sloop Marie, which had been fitted up to receive the Marquis

de Vaudreuil, his family and staff, had an early mishap between

Montreal and Three Rivers, having run aground.

M. de Vaudreuil and the staff of officers of the colony arrived

at Brest on the English vessel L’Aventure under a flag of

truce, with 142 passengers from Canada. Thence, de Vaudreuil

wrote to the minister of mariné. On December 5th the latter

wrote back acknowledging this letter and that of September

from Montreal containing the articles of capitulation, with

papers relating thereto. A précis of this letter to Vaudreuil

reveals that, although the king was aware of the condition of

the colony, in default of the reinforcements it was unable to

receive, yet, after the hopes the governor had given, by his

letters in the month of June, of holding out some time longer,

and his assurances that the last efforts would be put forth to

sustain the honour of the king before yielding, His Majesty

did not expect to learn so soon of the surrender of Montreal

and of the whole colony. Granting the force of all the reasons

which led to the capitulation, the king was nevertheless

considerably surprised, and less satisfied, at having to submit

to conditions so little to his honour, especially in the face

of the representations which had been made to him by M. de

Lévis on behalf of the military corps of the colony. The king,

in reading the memorandum of these representations, which the

minister was unable to avoid placing before him, saw in it that,

notwithstanding the slight hope of success, Vaudreuil was still

in a condition, with the diminished resources remaining to

him, to attempt an attack or a defence that might have brought

the English to grant a capitulation that would have been more

honourable for the troops. The king left him at liberty to

remain at Brest for the time, for his health. With regard to the

officers who were with him, they could retire to their families

or elsewhere. It was sufficient for him to be informed of their

place of residence.--(“Canadian Archives,” Vol. III, p. 313.)

Not only was Vaudreuil censured for the capitulation of

Montreal, but finally he had the honour of being placed in the

Bastille with the peculators whom we have above mentioned.[6]

His release, however, was speedy. Whatever his gains might have

been from trading in the early part of his career, e. g., as

Governor of Louisiana, he reached France from his government

of Canada a poor man. The trial of those accused of peculation

lasted from December 1, 1761, till the end of March, and on

December 10, 1763, the president of the commission rendered his

final decision. Vaudreuil with five more were relieved from the

accusation, but he died in 1764 less from age than from sorrow.

“In the course of his trial he stood by the Canadian officers,

now being slandered by Bigot. ‘Brought up in Canada myself,’

said the late Governor General, ‘I knew them, every one, and

I maintain that almost all of them are as upright as they are

valorous; in general the Canadians seem to be soldiers born; a

masculine and military training early inures them to fatigues and

dangers. The annals of their expeditions, their explorations, and

their dealings with the aborigines abound in marvelous examples

of courage, activity, patience under privation, coolness in

peril, and obedience to leaders during services which have cost

many of them their lives, but without slackening the ardour of

the survivors. Such officers as these, with a handful of armed

inhabitants and a few savage warriors, have often disconcerted

the projects, paralyzed the preparations, ravaged the provinces,

and beaten the troops of Great Britain when eight or ten times

more numerous than themselves. In a country with frontiers

so vast, such qualities were priceless.’ And he finished by

declaring that he would fail in his duty to those generous

warriors, and even to the state itself, if he did not proclaim

their services, their merits and their innocence.”--(Bell’s

translation of Garneau, Vol. II, p. 298.)

Governor Carleton, writing in 1767 to Lord Shelburne, confirms

this tribute. “The new subjects could send into the field about

eighteen thousand men well able to carry arms, of which number,

above one-half have already served with as much valour, with more

zeal, and more military knowledge for America, than the regular

troops of France that were joined with them.”

Vaudreuil might also have paid a compliment to the brave women

of New France, who, like Madeleine de Verchères and others, were

ready to fight with the men, and who were true women and wives.

“Brave and beautiful,” George III summed them up in a compliment

paid at his court in London after the conquest to Madame de Léry,

the wife of Chevalier de Léry, the engineer who repaired the

fortifications of Montreal: “If all the Canadian ladies resemble

you, I have truly made a fine conquest.”

It must not be thought that the departure of the French colonial

officers was an entire abandonment of the project of regaining

the country. They were to be retained for the French service

and possibly for future use in Canada.[7] They were called to

Tourraine and there held at the king’s pleasure under pay, to all

intents and purposes officers in the French service, and liable

to be sent on any service.

“The British provincial troops were sent from Montreal at an

early date. The New Hampshire and Rhode Island regiments crossed

the river and proceeded to Chambly, thence went to Crown Point.

The Connecticut troops were ordered to Oswego and Fort Stanwix;

the New York and New Jersey regiments to the lately named Fort

William Augustus, at the head of the rapids, and to Oswegatchie

(Ogdensburg). Rogers, with four hundred men, bearing letters from

Vaudreuil instructing the forts to be given over, was sent to

Detroit, Miami, St. Joseph and Michillimackinac.[8] Moncton at

the same time received orders to forward regular troops to take

permanent possession of these forts.”--(Kingsford, “History of

Canada,” Vol. IV, p. 409.)

The troops that were to remain in Montreal for the winter were

now established in their quarters. The French Indians in the

neighbourhood were summoned to the city and requested to bring

their prisoners; they appeared with several men, women and

children, and Johnston established rules and regulations for

their future government.

Amherst remained in Montreal till September 26th, when he went

down the river to Quebec. He left on October 5th and on the

18th was on Lake Champlain, thence to Albany, which he left on

the 21st to arrive in New York on the 28th of October. He never

visited Canada again, but he left it, however, well organized.

Immediately after the capitulation of Montreal he had occupied

himself with the establishment of a provisional military

government with tribunals to administer justice summarily until

a definite form of government should be determined. The French

division of the province into the three administrative districts

of Quebec, Three Rivers and Montreal was maintained. In a

despatch to Pitt dated October 4, 1760, from Quebec (Amériques

et Indes Occidentales, No. 699), Amherst renders an account of

all the dispositions which he had made since the date of the

capitulation of Montreal. Although the greater part of these

were military matters, the following items concerning the civil

administration may be found:

September 15; I have sent officers with detachments to the

different villages to collect the arms and to make them take the

oath of allegiance.

September 16; I have named Colonel Burton governor of Three

Rivers.

September 17; I have given order to the militia of the town

(Montreal) and of the suburbs to give up their arms and to

take the oath of allegiance next day, immediately after the

embarkation of M. de Vaudreuil.

September 22; I have named Brigadier General Gage governor of

Montreal.

On the same day he published a proclamation for the government

of Three Rivers similar to the one for Montreal, dated merely

September, 1760 (“Amériques et Indes Occidentales”), in which

arrangements are made for the transaction of business and

amicable arrangements with the new government and the troops.

The new government was only, however, of an _ad interim_ nature,

for it was not certain that England would keep Canada. It was

this thought that reconciled the Canadians to the new situation.

Meanwhile the British Flag floated over Citadel Hill.

The country was now British. France had been tried in the balance

and found wanting. It had lost, through its wavering policy, a

fair domain and a noble people. This poignant loss was voiced by

de Vaudreuil, the deposed governor general, who, in spite of his

faults, was a true Canadian and had visions of its future as one

of the proudest jewels in the crown of France, for was it not La

Nouvelle France? On quitting his beloved country he paid it this

homage in a letter to his minister:

“With these beautiful and vast countries, France loses 70,000

inhabitants[9] of a rare quality; a race of people unequaled

for their docility, bravery and loyalty. The vexations they

have suffered for many years, more especially during the five

years preceding the reduction of Quebec--all without a murmur,

or importuning the king for relief--sufficiently manifest their

perfect submissiveness.”

The qualities, they had then, remain still the mark of those of

the same race living in Montreal of today.

“In all things we are sprung, from

Earth’s best blood, have titles manifold.”

As their predecessors took the oath of allegiance to King George

II, and became good Britishers, so have their descendants

remained today, in the days of George V. “What perished in

the capitulation of Montreal,” says Parkman, “was the Bourbon

monarchy and the narrow absolutism which fettered the life of

New France throughout the Old Régime. What survives today is the

vigour of two races striving to make Canada strong and free and

reverent of law.”

NOTE I

THE EXODUS AND THE REMNANT

Judge Baby of Montreal, in an article in the Canadian Antiquarian

and Numismatic Journal, 3d Edit., Vol. II, p. 304, has combatted

very successfully the traditional view started by Bibaud and

followed by Garneau that after the capitulation of Montreal, and

the Treaty of Paris, 1763, the seigneurs, the men of learning,

and the chief traders and others of the directing classes, left

the country. This emigration was from the town but the country

places were untouched. He proves that a great many remained

outside the civil and military party who had governed the

country, and the soldiery who were taken officially to France;

that many of the young colonial officers who had thought to have

a chance to follow a career in the army or navy of France shortly

returned at the call of their fathers whose interest in their

lands and whose poverty, heightened by the depreciation of the

paper money, would not have induced them to begin life again in

France; that even of those who did go to France there were very

many who returned, as they had intended; hence the recurrence

of names, in the history after the cession, made familiar

before it. The long list given by Judge Baby of Seigneurs and

gentlemen proved by him to have remained, strengthens his case.

An interesting list of French-Canadians remaining in Montreal

engaged in business at this time is also given by him as follows:

Guy, Blondeau, Le Pellé De LaHaye, Lequindre Douville, Perthuis,

Nivard St. Dizier, Les freres Hervieux, Gaucher-Gamelin, Glasson,

Moquin, St. Sauveur, Pothier, Lemoine de Monnière, De Martigny,

De Couagne, Desauniers, Mailhot, St. Ange-Charly, Dumas, Magnan,

Mitiver, L’Amy, Bruyère, Pierre Chaboillez, Fortier, Lefèbre du

Chouquet, Courtheau, Vallée, Cazeau, Charly, Carignan, Auger,

Porlier frère, Pommereau, Larocque, Dumeriou, Roy-Portelance,

De Vienne, De Montforton, Sanguinet, Campeau, Laframboise,

Vauquier, Guillemain, Curot, Dufau, Campion, Lafontaine,

Truillier-Lacombe, Périneault, Arillac, Léveillé, Bourassa,

Pillet, Hurtubise, Leduc, Monbrun, Landrieu, Mezière, Hilbert,

Tabeau, Sombrun, Marchesseau, Avrard, Lasselle, Dumas St.

Martin, Beaubien-Desrivières, Réaume, Nolin, Cotté, St. Germain,

Ducalvet, L’Eschelle, Beaumont.

The Judge gives the names of many jurisconsults who remained

in the country, three of whom eventually became members of

the Superior Council; also of doctors; the great majority of

the notaries remained in the country. In summing up, he finds

“130 seigneurs, 100 gentry, 125 traders of mark, twenty-five

jurisconsults, and men of law, twenty-five to thirty doctors and

surgeons, notaries of almost the same number”--“were these not,”

he asks, “sufficient to face the political, intellectual and

other needs of the population then in Quebec, Montreal and Three

Rivers?”

NOTE II

POPULATION OF CANADA AT THE FALL

M. de Vaudreuil’s estimate of 70,000 population has been

challenged by Dr. Kingsford (“History of Canada,” Vol. IV, p.

413).

Amherst before leaving Canada obtained a census of the population

which he reported as 76,172 by parishes and districts.

Companies Number

of of Total of

Parishes Militia Militia all souls

Montreal 46 87 7,331 37,200

Three Rivers 19 19 1,105 6,388

Quebec 43 64 7,976 32,584

--- --- ------ ------

108 170 16,412 76,172

The census must have been obtained through the French and there

is no ground for supposing that they would designedly furnish

an incorrect statement. It does not, however, accord with the

previous or subsequent tables of population.

The population in 1736 was 39,063; 1737, 39,970; 1739, 42,701;

1754, 55,009. In the fifteen years between the last two dates the

population increased 12,003, something less than one-third. If

we apply this increase to the next six years we may be justified

in estimating the increase at one-eighth, which would place

the population at 62,000. It is not provable that in these six

years of war the population could have increased upwards of

20,000,--five-elevenths--nearly half of the former total. In 1761

the three governors were called upon to furnish a census of their

several districts. The reports were:

(Gage) Montreal 24,957

(Burton) Three Rivers 6,612

(Murray) Quebec 30,211

------

Total of 61,780

“I am inclined, therefore,” says Kingsford, “to estimate the

French population of Canada in 1760 at 60,000 souls, the number

of which hitherto has been generally accepted as correctly

representing it.”

At the same time Doctor Kingsford placed too much reliance on

the census of 1761. It is well known that fear of conscription

and other bogies caused the census returns of French-Canadian

inhabitants to be minimized for many a long day under British

rule. If Amherst’s census of 76,172 is correct, as well as the

61,780, that of the year 1761, then a loss of 14,392 is to be

accounted for.

FOOTNOTES:

[1] From R. McCord’s collection.

[2] A detailed and romantic account of their burning on St.

Helen’s Island is to be found in “L’Ile de Ste. Helène, Passè,

Présent et Avenir, par A. Achintre et J.A. Crevier, M.D.,

Montreal, 1876.” I have found no historical proof of them being

burnt there.--Ed.

[3] Major Rogers’ picture in ranger uniform long decorated the

shops of London. His bold, bucanneering deeds caught the popular

fancy. The late Lord Amherst recalled long afterward how certain

verses traditional in his family had been taught the children

of successive Amhersts so long that the meaning of the allusion

was forgotten until quite recently, when it was found that they

referred to Rogers.

[4] The French troops were only able to leave Quebec on the 22nd

and 25th of October.--“Can. Arch. A. and W.I.,” 95, p. 1.

[5] See Appendix for Judge Baby’s criticism and qualification of

the extent of this exodus.

[6] The accused numbered fifty-five. Among those condemned either

to banishment from France or restitution and fines were: Bigot,

the Intendant, Varin, his sub-delegate, and Duchesnaux, his

secretary; Cadet, commissary general of Canada, and his agent,

Corpron; Péan, captain and aide-major of the marine troops in

Canada; Estèbe, the keeper of the King’s stores in Quebec; (all

these had operated in Montreal directly or through their agents);

Martel de St. Antoine, keeper of the King’s store at Montreal;

Maurin, Pénisseault, merchants and operators in Cadet’s offices

in this city; and Le Moyne-Despins, a merchant employed in

furnishing provisions to the army. See “Montreal Under the French

Régime,” Vol. I.

[7] In 1767 Guy Carleton feared an uprising in Canada on the

probable return of this body of officers. See letter to Lord

Shelburne. (Constitutional Documents--Shortt & Doughty.)

[8] Rogers reached New York, on his return from Detroit, the

following February. Owing to the setting in of winter he had been

unable to proceed to other forts. He reported that he had found

one thousand Canadians in the neighbourhood of Detroit.--“Can.

Arch. A. and W.I., 961,” p. 219.

[9] See note at the end of this chapter.

CHAPTER II

THE INTERREGNUM

1760-1763

MILITARY GOVERNMENT

BRIGADIER GAGE, GOVERNOR OF MONTREAL--THE ADDRESS OF THE

MILITIA AND MERCHANTS--GOVERNMENT BY THE MILITARY BUT NOT

“MARTIAL LAW”--THE CUSTOM OF PARIS STILL PREVAILS--COURTS

ESTABLISHED--THE EMPLOYMENT OF FRENCH-CANADIAN MILITIA CAPTAINS

IN THE ADMINISTRATION OF JUSTICE--SENTENCES FROM THE REGISTERS

OF THE MONTREAL COURTS--GOVERNOR GAGE’S ORDINANCES--TRADE--THE

PORT--GAGE’S REPORT TO PITT ON THE STATE OF THE GOVERNMENT OF

MONTREAL--THE PROMULGATION OF THE DECLARATION OF THE DEFINITIVE

TREATY OF PARIS--REGULATIONS CONCERNING THE LIQUIDATION OF THE

PAPER MONEY--LEAVE TO THE FRENCH TO DEPART--LAST ORDINANCES OF

GAGE--HIS DEPARTURE.

Brigadier Gage was appointed governor of Montreal on September

21, 1760.[1] He early won the esteem of the townspeople. All his

ordinances manifest the desire to act in accordance with justice

and in harmony with the people. Montrealers recognized this and

shortly after the death of George II, which took place on October

25th, expressed their confidence in their rulers in an address

written in English and French. The English version as inserted in

the New York Gazette is as follows:

“To his Excellency, General Gage, governor of Montreal and its

dependencies.

“The address of the officers of militia and merchants of the city

of Montreal.

“Cruel Destiny has thus cutt short the Glorious Days of so Great

and so Magnanimous a Monarch! We are come to pour out our Grief

unto the paternal Bosom of Your Excellency, the Sole Tribute

of Gratitude of a People who will never cease to Exalt the

mildness and Moderation of their New Masters. The General who has

conquered us has rather treated Us as a Father than a Vanquisher

and has left us a precious Pledge[2] by name and deed of his

Goodness to Us. What acknowledgements are we not beholden to make

for so many Favours? Ha! They shall be forever Engraven in our

Hearts in Indelible Characters. We Entreat Your Excellency to

continue us the Honour of Your Protection. We will endeavour to

Deserve it by Our Zeal and by the Earnest Prayers We shall ever

offer up to the Immortal Being for Your Health and Preservation.”

(Canadian Archives, A. & W., I, 96, I, page 327.)

The mildness and moderation of the “New Masters” was particularly

shown by the retention of existing laws and customs. It will

be recalled that Vaudreuil, in the Articles of Capitulation

had asked that “French and Canadians should be _continued_ to

be governed according to the customs of Paris and the laws and

usages established for this country and should not be subject

to any other laws than those established under the French

dominion.” Whereupon Amherst had replied that this had been

answered by the preceding article and especially by the reply

to the last (Article 41), asking that the British government

should only require a strict neutrality of the Canadians, which

said curtly: “They become subjects of the king”--a non-committal

reply, which at first looked severe but was, as the conscientious

historian, Jacques Viger,[3] has said, just and reasonable under

the circumstances. In the event, Amherst granted more than his

answer would suggest, for during the Interregnum, the French and

British incomers continued to be governed according to the custom

of Paris. Hence the gratitude expressed through General Gage was

well deserved.

The period of the Interregnum, now beginning (September 8, 1760,

to August 10, 1764), which was to last until the promulgation of

the treaty of Paris, and the official publication by Governor

General Murray of his civil appointment, has been called

erroneously by several French historians, “_La Regne Militaire_,”

a term suggestive of military despotism and summary justice.

Commander Jacques Viger, M. Labrie, Judge Mondelet and others

rejected this erroneous misnomer in the columns of the Journal

“La Bibliotheque Canadienne,” being edited in 1827 by Bibaud,

the well known historian. For, after examining the documents

of the period they came to the conclusion that the name of _La

Regne Militaire_ could only be merited because, as most of the

official men of the law having been in Government employ had left

the country and new justices had to be created who should judge

according to “_les lois, formes et usages_” of the country, the

government devolved perforce on the _military_ men and _of the_

“_milices_,” the only educated men left besides the clergy.

This is made clear by a memoir of October 15, 1777, to the

British government on the subject of the administration of

justice, drawn up by Judges Panet, Mabane and Dunn, of whom

Pierre Panet had been one of the _greffiers_ at Montreal, and the

others had had close relations with the military judges. Their

testimony is therefore convincing. They state: “Though Canada

was conquered by His Majesty’s arms in the fall of 1760, the

administration in England did not interfere with the interior

government of it till the year 1763. It remained, during that

period, as formerly, with three districts, under the separate

command of military officers who established in their respective

districts, military courts under different forms, indeed, but in

which, _according to the policy observed in wise nations towards

a conquered people the laws and usages of Canada were observed in

the rules of decision_.”

The basis of the new military government was the placard issued

by General Amherst from Montreal on the 22d of September, 1760,

in which he announced the new order of the government for the

old and new subjects, and outlined the new form of military

government throughout the three districts, by the appointment

in each parish of the officers of the militia, the commandant

of the regular troops and a third court of further appeal to

the governor, as the future demonstrators of justice, and then

left it to the local governors of the other two divisions of

the country to establish their own courts. These officers of

militia were the most competent at the time to carry on the

traditional “custom of Paris” as they were mostly appointed from

the Seigneurs of the district and the educated class.

Accordingly on October 28, 1760, General Gage issued his orders

establishing tribunals of militia officers to regulate civil

disputes among individuals and a second tribunal of appeal before

the regular military court, with a final court of appeal to

himself.

The rest of the document deals with police prohibitions to the

inhabitants, not to harbour deserters or to traffic with the

soldiers for their arms, clothing, etc., or any other of their

accoutrements; it orders chimneys to be swept once a month, and

other precautions against fire; carpenters were to be prepared

with an adz, the inhabitants with an axe and bucket; also

arrangements for safety against snow from falling from houses,

the cleansing of the portions before the house and the disposal

of garbage, the keeping of the roads and bridges in good order,

and regulations concerning the sale of provisions brought in by

the country people, the sale to be made in the common market

place with the prohibition to town merchants to forestall the

citizens by buying up the supplies brought in. The militia

captains being no lawyers, were only required by Amherst to

dispense law and justice as best they could, being limited to

civil cases.

The ordinance of Thomas Gage, governing the administration of

justice in his jurisdiction of Montreal by dividing it into

five districts with definite powers and the regulations for the

upkeep of the courts therein, was dated at Montreal, October 13,

1761. In each of the five districts there was to assemble on the

first and fifteenth of each month a court of officers of the

“_Milice_.” These militia courts were to be composed of not more

than seven and not less than five members, of which one should

hold the rank of captain, the senior to act as president. The

officers of militia of each district were summoned to meet in

their parishes on the 24th of October to make arrangements for

the whole of these courts and to prepare rosters of officers for

duty therein.

The Town of Montreal was set apart as a judicial district of

its own, with a local board of officers to administer the laws.

Appeal was allowed from these courts to three boards of officers

of His Majesty’s Troops, one to meet at Montreal, the other at

Varennes and the third at St. Sulpice, these courts of appeal to

sit on the 20th of each month. A further appeal from these courts

to the governor in person was provided for.

In the event of capital crimes, officers of militia were

authorized to arrest the criminals and their accomplices and to

conduct them under guard to Montreal, the militia officers to

furnish with each prisoner an account of the crime and a list of

witnesses. In civil cases involving small amounts, not exceeding

twenty _livres_ all the officers of the militia were individually

granted authority to adjudicate with an appeal to and no further

than the militia courts of the districts.

Provision was made for the payment of the militia officers

for all of these duties by a scale of fees, a treasurer to be

appointed for each court. The officers of militia were especially

enjoined to maintain peace and order within their respective

districts.

On October 17th the _Conseil des Capitaines de Milice de

Montreal_ presented a memorial to the governor expressing their

willingness to administer justice gratuitously, as they had done

in the past, but requesting as a favour from His Excellency that

they be exempted from the obligation to billet troops in their

domiciles. They requested that six cords of wood be purchased to

heat the chamber in which their sittings were held and that Mr.

Panet, their clerk, be compensated for his services at the rate

of thirty _sols_ for each sentence. Two militia sergeants had

been appointed to act as bailiffs and criers of the court, and

a tariff of fees was asked for to provide for their pay. These

sergeants, it was also explained, were not only made use of in

the administration of justice but also for the district, for the

supervision of the statutory labour or _corvèe_. This memorial,

which was signed “R. Decouange,” was approved by the governor.[4]

The inclusion of the French officers in the administration of

the affairs of the country was a wise and honest attempt on the

part of the British to carry out the promise of the capitulation

to retain for the present the laws and customs of the past. In

choosing the officers of the militia they were well advised,

since the commissions there were held by the Seigneurs and the

other notabilities of their respective districts, men who were

the best educated and the most esteemed in the country. The

choice was politic also, for it secured the continuance of the

services of men who, under the old régime, had already been in

charge of the conduct of justice, as well as public and communal

affairs. Indeed it was to them that there had been intrusted

the carrying out of the public works, such as road making and

repairs, bridge building, the regulation of statutory labor

through corvèes, etc. In the new régime, therefore, the militia

officers were practically reinstated in their former functions.

An examination has been made by Judge Mondelet of Three Rivers,

of the registers kept of the decisions of the military court of

Montreal. These latter have been generally found equitable and

founded on positive law; they are legally attested to in most

cases, the secretary of the council being a Frenchman skilled

in the law, such as was Pierre Panet, the notary, and the

minutes are all in French. The first four registers contain the

transactions of the “Chambre de Milices” presided over by the

captains of the militia, and dealt only with civil cases. The

fifth and sixth of these registers contain the criminal decisions

of the court martials of the _Chambre Militaire_ of Montreal

and that of St. Sulpice, as well as appeals from the “Chambre de

Milices.” This court was composed only of officers of the regular

army to the number of five. In addition there was the further

right of appeal to the governor. The seventh register “appeals to

the governor,” records the decisions of General Gage (page 299),

and of General Burton (page 95).

By consulting the records we find that order during this period

was observed independently of the racial distinctions in the

city. We hear of, for instance, early in 1761 of the execution

of a grenadier of the Forty-fourth Regiment for robbery, which

is balanced by that of a French soldier, formerly of the La

Salle Regiment, for the murder of a habitant at Ile Jésus, the

execution being carried out in the market place.

It will be interesting here to notice some of the court martials

held at Montreal in the years 1761 and 1762. It will be seen

that French and English, the “new” and the “old” subjects,

came equally under them, being treated with equal justice. The

following cases from the “Livre d’orde” reveal this.

Montreal, June 3, 1761, at the court martial general,

Lieutenant-Colonel Grant presiding, Jean Marchand of

Boucherville, was prosecuted for the murder of Joseph Carpentier,

a Canadian,--acquitted.

Tuesday, June 30, William Bewen accused of having intoxicated

soldiers and of selling rum without license, is found guilty,

having been accessory to his associate, Isaac Lawrence, who has

the habit of selling rum to the soldiers,--condemned to receive

200 stripes of the cat-o’-nine tails, and to be driven from the

town at the beat of the drum. (First of July, Isaac Lawrence

similarly condemned.)

August 6, Joseph Lavalleé and François Herpin, inhabitants of

Montreal, prosecuted for theft,--acquitted.

Joseph Burgen, one of those who came following the army, is

accused and convicted for theft, and condemned to be hanged

by the neck until death shall ensue. The General approved the

sentence, but pardoned him on the condition that he left this

government without delay.

August 13, George Skipper and Bellair, bakers, accused and

arraigned by Captain Disnay for having sold bread, which had not

the requisite weight,--acquitted.

September 19, John Charlette and one named Lameure, Canadians,

are indicted for having solicited Joseph Myard, a drummer, to

desert. Charlette is acquitted and Lameure is found guilty and

condemned to receive 300 blows from the whip. He is pardoned by

the General.

December 13, William Morris, accused of having kept a dissolute

house, is condemned to a fine of £5.

December 24, two Canadians prosecuted for having the property

of the King in their possession. One is acquitted and the other

found guilty and condemned to receive 400 stripes of the lash.

The General approves the sentence, but reduces the lashes to

fifty.

For 1762, we may choose an incident which shows the growth of the

tendency towards the unpleasant relations between the Montreal

English merchants and the military, which afterwards had such

serious results, and helped to occasion the recall of General

Murray.

February 26, Mr. Grant and Edward Chinn, merchants, accused of

having insulted Ensign Nott of the Fourth Battalion of the Sixth

Regiment of Royal Americans, are found guilty and condemned, Mr.

Grant to a fine of £30 and Mr. Chinn to a fine of £20, “which

sums will be employed according to the direction of the General

to the relief of the unhappy poor in Montreal.” Pardon is to be

asked of Ensign Nott in the presence of the garrison of Montreal

in the following terms, namely--“Ensign Nott I am very sorry for

having been guilty of assault in your regard and very humbly ask

your pardon.” The General approved the sentence, but reduced the

fine of Mr. Grant to £20. Mr. Forrest Oakes was also prosecuted

for a like offence and condemned also to ask pardon of Ensign

Nott, and to undergo fourteen days’ imprisonment. The General

reduced the imprisonment to twenty-four hours and exempted Mr.

Oakes from asking pardon, because it appeared to him that the

injuries received had been reciprocal.

From these judgments, we may see that, while the Chambre de

Justice of Chambre de Milices judged purely civil affairs, all

criminal affairs, great and small, were relegated to the “Council

of War,” otherwise called the “Court Martial,” which performed

the functions nowadays of the courts of Quarter Sessions and

criminal courts of King’s Bench. The “General” was the final

court of appeal.

A glance at some of the ordinances of this period will further

illustrate the life of the town. On November 27 Governor Gage

found it necessary to issue ordinances against merchants,

who without permission of the governor, went to sell their

merchandise and intoxicating liquors in the country places. On

the 13th of January, 1762, there occurred a further ordinance,

explaining the former and forbidding in addition the sale of

liquors to soldiers and savages, and fixing the quantity lawful

to be sold to the inhabitants at one time. These merchants

were probably newcomers from the English colonies now drifting

into the city and anxious to make good quickly rather than

scrupulously.

On the 12th of May regulations were issued concerning the amount

of cords of wood that should be furnished to the troops.

On July 26th, Gage endeavors to arrange for the money exchange

values. He orders that six _livres tournois_ shall be equal to

eight shillings, or ten _sols_ of Montreal money.

On July 31st, Gage has his mind on the repair of the

fortifications, “seeing that they are falling into ruin and

wishing to carry on the old regulations for the common good,

following in this time of uncertainty, the ancient usages, which

are not opposed to the service of the king,” and therefore he

ordered that there shall be imposed every year commencing with

1762, a sum, of which a third shall be paid by the Seminary of

St. Sulpice and the other two-thirds by the regular and secular

communities and the inhabitants of the said Town of Montreal, for

repairs to commence in the following spring, but that the gate,

on which they are working, shall be made perfect this year, and

“that the said imposition, for which the money shall be remitted

to a person named by the Chambre of Militia of the said Montreal,

shall not surpass the sum of 6,000 _livres_ each year” and shall

continue until the entire repair of the said enclosure is made,

at the end of which repairs, the present ordinance shall remain

null and void.

On August 3d, Gage seeing that different standards of weights and

measures were being used, and to prevent frauds slipping into the

commercial life of the city, established that, in Montreal,

the English standard yard measure should be used according to the

standard to be kept by the “major of the place.” This regulation

it was hoped would suit both the English and French.

[Illustration: IN THE DAYS OF THE OLD REGIME St. Amable Street,

a narrow thoroughfare west of the lower part of Jaques Cartier

Square and near the spot where the Chateau de Vaudreuil once

stood, was a fashionable quarter in the gay days before the

“Capitulation.” The house marked by a projecting sign “The

Woodbine” is said to have been the site of a saloon for two

hundred years.]

On October 18th he has to settle the prices, which the bakers of

the town should charge for various kinds of bread.

On November 15th, foreseeing the future possibilities of Montreal

trade, Governor Gage issued an ordinance for the establishment of

a Customs House and he orders Thomas Lambs to be recognized as

its director, and Richard Oakes as the visitor of the said Custom

House in Montreal.

The following will interest Montreal merchants of today, being

significant of the first loosening of restrictions upon Montreal

on the part of Quebec. “All ship owners and others interested in

trade are warned that all of the vessels coming from Europe or

the colonies charged on account of merchants and others, who wish

to come there to do business, can follow their destinations up to

the city of Montreal without being discharged and re-charged with

merchandise at Quebec under any pretext whatever, unless they

are suspected of carrying goods of contraband, in the design of

making illicit trade.”

On the 7th of January, 1763, regulations forbidding excess speed

of the carriages and horses in the streets of Montreal and

suburbs had to be laid down.

On the 4th of April Gage issued an ordinance establishing the

Custom House at Montreal, with regulations to the captains

of ships and officers, sailors and others to carry out the

regulations issued, which show that all the paraphernalia and

customary duty of ships reporting to the customs, avoiding

smuggling, etc., were now full of vigour. Montreal was beginning

to be a port of some pretensions.

All these regulations show that the British authorities, while

affirming the customs of the country and maintaining the law, as

known by the people and administered by their own men of ability

and learning, the captains of the militia, of whom many were of

the noblesse, providing progressive trade regulations, required

for the development of the port and of the up-country commerce,

of which the headquarters were at Montreal, were wise rulers.

The care with which the inhabitants were instructed in the

knowledge of political events happening outside of their own

sphere, the participation in their own judicial code by their

own officers, thus beginning, as it were, to be permitted for

the first time to participate in their duty of taking part in

the government, the justice with which they were treated by the

conquerors, the faithful fulfilment of dues for service received,

brought about a unity with the English soldiery and the new

governors, that disposed the conquered people to feel little

regret at the departure of the French Régime from Canada.

Many there were, who were still borne up by the hope that the

expected peace would restore Canada to France, but the majority

were indifferent and if anything glad to have things remain as

they were. The position at Montreal may be summed up in the words

of General Gage’s report to Amherst, dated March 20, 1762, sent

on to London the same year.[5]

“I feel the highest satisfaction that I am able to inform you

that during my command of this government I have made it my

constant care and attention that the Canadians should be treated

agreeable to His Majesty’s kind and humane intentions. No

invasion on their property or assault on their person has gone

unpunished. All reproaches on their subjection by the fate of

arms, revilings on their customs or country and all reflections

on their religion, have been discountenanced and forbid. No

distinction has been made between the Briton and Canadian, but

equally regarded as subjects of the same prince. The soldiers

live peaceably with the inhabitants and they reciprocally acquire

an affection for each other.”

Those who know the British soldier will not be surprised to hear

that in the distress that fell upon the French Canadians in 1761,

mostly through the non-payment of the obligations incurred by the

French government, for the redemption of the paper money not yet

liquidated since the capitulation, the soldiers gave each one

a day’s provisions monthly to relieve the immediate distress.

Quebec suffered most. Montreal merchants came to the rescue and

swelled the general subscription lists.

As Governor Gage was on the spot, his official report may be

further largely quoted as that of an historian of Montreal. After

the above opening remarks on the amicable relations existing

between the French-Canadians and British, he continues: “The

Indians have been treated on the same principles of humanity.

They have had immediate justice for all their wrongs and no

tricks or artifices have hitherto been attempted to defraud them

in their trade.”

He sends a return of the present state of the troops and

artillery and a report of the fortifications. Speaking of those

of Montreal he notes: “Upon a height within the city is a small

square work of wood, completed since the capitulation, provided

with a few pieces of artillery and capable of containing seventy

or eighty men.”

“The soil produces all sorts of summer grains. In some parts

of the government the wheat is sown in autumn. Every kind of

pulse and other vegetables to which I may add some fruits, viz.,

apples, pears, plums, melons, etc. Cider is made here, but as yet

in small quantities. In general every fruit tree hardy enough to

withstand the severity of the winter will produce in the summer,

which affords sufficient heat to bring most kinds of fruit to

maturity.”

Reporting as befits one stationed at the center and headquarters

of the fur trade on the profits to the French king from the posts

he says, “I must conclude His Majesty gained very little from

this commerce.”

He then records what must have been of great importance to

the interests of the British merchants of Montreal desirous

of up-country trade. “Immediately after we became masters of

this country all monopolies were abolished and all incumbrances

upon trade were removed. The traders chose their posts without

the obligation of purchasing them and I can by no means think

the French management in giving exclusive grants of trade at

particular posts for the sake of the sale thereof or the sale

of permits to trade at the free posts worthy our imitation. The

Indians, of course, paid dearer for their goods and the trade in

general must have been injured by the monopolies.”

Summing up the gain to France of Canada he says: “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. She had no doubt views to further

advantages that the country might in time supply her with hemp,

cordage, iron, masts and generally all kinds of naval stores.

The people in general seemed well enough disposed to their new

masters.

“The only causes of dislike which I can discover proceed from

the fear of money, and the difference of religion. I understand

Canada to be on the same footing in respect of this money as all

the French colonies and if France pays any of them I don’t see

how she can avoid paying the bills of exchange drawn from Canada

in the same proportion as she pays the rest. It is the Canadians

only who would be sufferers by an exception, as Canadian bills to

a very large amount are in the possession of French merchants and

the rest may be sent to France and nobody be able to distinguish

which is French and which Canadian property.”

Speaking of the second cause of dislike, the difference

of religion, he says: “The people having enjoyed a free

and undisturbed exercise of their religion ever since the

capitulation of their country, their fears in that particular

are much abated, but there still remains a jealousy. It is to

be hoped that in time this jealousy will wear off and certainly

in this, much will depend upon the clergy. Perhaps methods may

be found hereafter to supply the _curés_ of this country with

priests well affected. But whilst Canada is stocked as she is

now with corps of priests detached from seminaries in France, on

whom they depend and to whom they pay obedience, it is natural to

conceive that neither the priests nor those they can influence

will ever bear that love and affection to a British government

which His Majesty’s auspicious reign would otherwise engage from

the Canadians as well as from his other subjects.”

In passing it may be noted that Gage’s fears were never realized,

for to the Canadian clergy is due the credit of having saved

Canada to English rule, as will be seen afterwards. A last

quotation is interesting as bearing on the question of the

exodus in 1760 after the capitulation. “No persons have left

this government to go to France except those who held military

and civil employment under the French king. Nor do I apprehend

any emigration at the peace, being persuaded that the present

inhabitants will remain under the British dominion. I perceive

none preparing to leave the government or that seem inclined to

do it unless it is a few ladies whose husbands are already in

France, and they propose to leave the country when peace is made,

if their husbands should not rather choose to return to Canada.”

Meanwhile the peace was eagerly looked forward to. The

proclamations of the 26th of November, given from the Palace

of St. James in London, having reference to the preliminaries

for peace and the cessation of hostilities, prepared the minds

of all for further intelligence. This was eventually given by

Thomas Gage from his Château of Montreal on the 17th of May,

1763, in which the definitive treaty of peace made between their

Brittannic and very Christian and Catholic majesties, signed

on the 6th of February, and ratified on the 10th of March, was

made known. On this occasion Gage indicated to the people the

chief portions bearing upon their rights, especially that of

the exercise of their religion according to the rights of the

Roman church “as far as the laws of Great Britain permit,” and

secondly that whereby the inhabitants of His Christian Majesty

had permission to leave Canada in safety and liberty, the limit

fixed for this emigration being the space of eighteen months, to

count from the day of the exchange of the treaty. He communicated

to the captains of his government a letter from Monseigneur de

Choiseul, which had reference to the payment of debts due and

relating to the redemption of the paper money, which was still in

circulation, although the English governors sought to prohibit

it. It was set forth that the Most Christian King would pay the

sum due to the new subjects of Great Britain, but that the amount

must not be confounded with the money held by the French subjects.

On May 27, the governor of Montreal issued through the captains

of Militia of Montreal regulations concerning the liquidation of

this paper money, directing the captains to make a declaration

of the amount in their possession. They were to place the amount

held by them in the hand of Pierre Panet, _Notaire et Greffier_

of Montreal, appointed for this purpose, between the first and

thirtieth of June, designating the character of the notes, with

the name of the holder and other safeguards to be observed,

upon which certificates of receipt would be given. Care was to

be taken that the money, which they brought, should belong to

them and that they did not lend their names to anyone. Fault

in this regard would lead to prosecution for falsifying. For

this transaction a fee of five _sous_ was to be paid for every

thousand _livres_ so deposited. Money was received from 7 o’clock

in the morning to midday and from 2 o’clock to 5, except on

Sundays and holidays. This must have caused great excitement in

the city. Great care was taken to instruct the habitants of the

value of their money and warn them against becoming the victims

of speculators.[6]

Meanwhile preparations were being made for the removal of General

Gage from the post, which he had filled with excellent judgment

and with habitual prudence.

On August 5th, Gage issued some further ordinances regulating the

transport of merchandise and ammunition to the savages, seeing

that these latter had again been making incursions into the

country.

On August 18 he upheld a complaint of the established merchants

against the peddlers who were underselling the merchants in the

streets, forbidding anyone to sell in the public places of the

city, the streets and even the squares, river banks and suburbs.

On the 16th of September he issued an ordinance concerning

certain uncultivated lands in the districts of the Government,

which had been granted with titles of concessions “en fief” under

the former régime, and on which there had been no ground broken

as yet, on account of wars or other events. Those having these

should present their credentials or applications at once, so

as to have them recognized, to avoid any conflict with future

concessions.

General Gage left Montreal with the esteem of all. He was

presented with an affectionate address by the captains of the

_Chambre de Milice_, over which he had presided as the Chief

Judge, and he replied to them by a letter on October 15, 1763,

begging them to accept his testimony in recognition of the

services which they had rendered to the king of the country,

trusting that they would continue the same for the public good

and that their service, for which they had already required

so great a reputation among their own compatriots, would not

fail to draw upon them the good-will and protection of the

king. Certainly Gage might safely boast, as he had done in his

letter to Amherst, of the peaceful state of Montreal under his

government. He had helped to forge the links of intimacy that

bound the _noblesse_ and the British officials, the militia and

the military officers, which made for the harmonious transition

between the old and the new régimes. Whether or not the alliance

was an unmixed blessing is shown by subsequent events.

FOOTNOTES:

[1] Before leaving, General Amherst appointed military governors

for three districts. Their tenures of office were as follows:

District of Montreal, General Thomas Gage, September, 1760, to

October, 1763; Colonel Ralph Burton, October, 1763, to August,

1764. District of Quebec, General James Murray, September, 1760,

to August, 1764. District of Three Rivers, Colonel Ralph Burton,

September, 1760, to May, 1762; Colonel F. Haldimand, May, 1762,

to March, 1763; Colonel Ralph Burton, March, 1763, to October,

1763; Colonel F. Haldimand, October, 1763, to August, 1764.

[2] The French runs: “_Et nous a laissé un gage precieux_, etc.”

The word “pledge” instead of “gage” in the English translation

destroys the delicate _double entendre_ and compliment, evidently

meant in the French version.

[3] The first mayor of Montreal.

[4] For the above abstracts of the ordinance of October 13th and

October 17th see “The Canadian Militia,” by Captain Ernest J.

Chambers, 1907.

[5] This was prepared for Pitt according to the order of Lord

Egremont in his dispatch to Sir Jeffrey Amherst of December

12, 1761, in which the king approves of the system of military

government established in the districts of Quebec, Three Rivers

and Montreal. He instructs Amherst to send for His Majesty’s

information a full account of the newly acquired country. In

response to this command communicated to Murray, Burton and Gage,

reports from the latter were prepared and forwarded to Amherst.

These reports were among the documents submitted to the Board of

Trade for their information in preparing a plan of government for

the territories ceded to Britain by the treaty of Paris of 1763.

[6] The same arrangements were carried out at Quebec and Three

Rivers and Murray reported that the total amount of the paper

money in circulation was nearly 17,000,000 of _livres_, that, in

the government of Montreal alone, being 7,980,298-8-4. Kingsford,

History of Canada, Vol. V, page 181, remarks: “An attempt to

depreciate the value of this paper was made by the court of

France in which it was pointed out that from the discredit to

which it had fallen it had been purchased at 80 to 90 per cent

discount; that it did not represent the value of what had been

received, owing to the high price paid for the articles obtained;

that the bills of exchange of 1759 were paid in part and that

bills that remained were only such as had been issued after this

payment. The British reply was that the court of France, having

been the cause of the discredit alleged had no right to profit by

it, that the prices paid for supplies had been established by the

intendant, that the date of the ordinances could not constitute a

reason why they should not be paid, that such paper money was the

currency of the colony issued by France, consequently the country

was responsible for it.”

CHAPTER III

THE DEFINITIVE TREATY OF PARIS

1763

THE NEW CIVIL GOVERNMENT

THE DEFINITIVE TREATY OF PEACE--SECTION RELATING TO

CANADA--CATHOLIC DISABILITIES AND THE PHRASE “AS FAR AS THE

LAWS OF GREAT BRITAIN PERMIT”--THE TREATY RECEIVED WITH DELIGHT

BY THE “OLD” SUBJECTS BUT WITH DISAPPOINTMENT BY THE “NEW”--THE

INEVITABLE STRUGGLES BEGIN, TO CULMINATE IN THE QUEBEC ACT

OF 1774--OPPOSITION AT MONTREAL, THE HEADQUARTERS OF THE

SEIGNEURS--THE NEW CIVIL GOVERNMENT IN ACTION--CIVIL COURTS AND

JUSTICES OF THE PEACE ESTABLISHED--MURRAY’S ACTION IN ALLOWING

“ALL SUBJECTS OF THE COLONY” TO BE CALLED UPON TO ACT AS JURORS

VIOLENTLY OPPOSED BY THE BRITISH PARTY AS UNCONSTITUTIONAL--THE

PROTEST OF THE QUEBEC GRAND JURY--SUBSEQUENT MODIFICATIONS

IN 1766 TO SUIT ALL PARTIES--GOVERNOR MURRAY’S COMMENT

ON MONTREAL, “EVERY INTRIGUE TO OUR DISADVANTAGE WILL BE

HATCHED THERE”--MURRAY AND THE MONTREAL MERCHANTS--A TIME OF

MISUNDERSTANDING. NOTE: LIST OF SUBSEQUENT GOVERNORS.

Before proceeding further it will be well to set before the

reader some special portions of “_The definitive treaty of peace

and friendship between His Britannic Majesty, the Most Christian

King, and the king of Spain, concluded at Paris the 10th day of

February, 1763, to which the king of Portugal acceded on the same

day_.”

Section IV relating to Canada was as follows:

“His Most Christian Majesty renounces all pretensions which he

has heretofore formed or might have formed to Nova Scotia or

Acadia in all its parts, and guarantees the whole of it and with

all its dependencies to the King of Great Britain. Moreover

his most Christian Majesty accedes and guarantees to his said

Britannic Majesty in full right, Canada with all its dependencies

as well as the island of Cape Breton and all the other islands

and coasts in the Gulph and river of St. Lawrence and in general

everything that depends on the said countries, lands, islands

and coasts with the sovereignty, property, possessions and all

rights acquired by treaty or otherwise, which the Most Christian

King and the crown of France have had till now over the said

countries, lands, islands, places, coasts and their inhabitants,

so that the Most Christian King cedes and makes over the whole to

the said King and to the Crown of Great Britain and that in the

most ample manner and form, without restriction and without any

liberty to depart from the said cession and guarantee under any

pretense, or to disturb Great Britain in the possessions above

mentioned.

“His Britannic Majesty on his side agrees to grant the liberty of

the Catholick religion to the inhabitants of Canada; he will in

consequence give the most precise and most effectual orders that

his new Roman Catholick subjects may profess the worship of their

religion according to the rights of the Romish church as far as

the laws of Great Britain permit. His Britannic Majesty further

agrees that the French inhabitants or others who have been

subjects of the Most Christian King in Canada may retire with all

safety and freedom whenever they shall think proper and may sell

their estates provided it be to the subjects of His Britannic

Majesty, and bring away their effects as well as their persons

without being restrained in their emigration under any pretense

whatever except that of debts or of criminal prosecutions; the

term limited for this emigration shall be fixed to the space of

eighteen months to be computed from the day of the exchange of

the ratification of the present treaty.”

The definitive treaty of Paris of February 10, 1763, proclaimed

by Governor Gage in Montreal on May 17th, was received with

delight by the English merchants, for they looked forward eagerly

for the civil government to be set up in which they, but a

handful, hoped by the right of conquest to assume the high hand.

They had long chafed under what they, more than the “Canadians,”

chose to call military despotism. They had looked upon the

amicable temporary participation of the Canadians in their own

government, with eyes of envy. They were of the same metal as

the British merchants of Quebec who, relying on their undoubted

energy in developing the commercial interests of the country, and

in their self-satisfaction, so aggrandized their own importance

that they wished to rule solely, so that they early petitioned

his Majesty for a representative assembly in this province as in

all the other provinces of His Majesty. “There are,” they said,

“a sufficient number of loyal and interested Protestants outside

the military officers to form a legislative assembly, and the new

subjects of His Majesty, if he should believe it proper, could

be authorized to elect Protestants without having to take oath

against their conscience.” (See constitutional documents, Doughty

& Shortt.)

There were only about two hundred Protestants, and these not all

educated or upright men, in the whole country at this time--in

Quebec 144, in Montreal 56. Yet they desired to represent the

whole people and to exclude the “new subjects” from every

position of trust under the new civil government. At the time of

Murray’s recall in 1766 they had reached the number of 450.

The Canadians were not prepared for the new turn of the tide. In

consequence we shall see that between 1763 and 1774 the country

was in an unsettled state, owing to the conflict inevitable

between the two forces of the old and new régimes striving for

recognition.

Under the military law the “new subjects” had been entrusted with

a share in the government. The English rulers were officers and

gentlemen who respected the claims of the Seigneurs as well as

of the simple habitants, and moreover their religion was held in

honour. They had been led to believe that this happy state would

continue. Gage and Murray in their report to Egremont seem to

hint how they were hoodwinked. “Canadians are very ignorant and

extremely tenacious of their religion. Nothing can contribute to

make them staunch subjects to His Majesty as the new government

giving them every reason to imagine no alteration is to be

attempted in that point.”

Thus when the “new subjects” came to understand that they were

only to “profess the worship of their religion according to the

rights of the Romish church _as far as the laws of Great Britain

permit_,” and that that permission was to be interpreted along

the lines of the Catholic civil disabilities in England, they

felt that they were proscribed men who had been ensnared by

roseate promises of a wise interpretation of British liberty to

be extended to them as new subjects.

The situation was impossible and at once there began the

inevitable struggle and the long series of accommodations that

were eventually to culminate in the Quebec act of 1774, the Magna

Charta of French Canadians. The significance of this act cannot

be understood unless the religious proscription in the policy of

the new government be understood. Hence the opposition among the

Seigneurs in Montreal, their headquarters, was secretly fostered,

which later alarmed Carleton so much, as we shall see. The French

Canadian clergy and Seigneurs of Montreal looked upon the new

change of government as an attempt to Anglicize their religion

as well as their laws. And they were not far wrong. In a letter

to Governor Murray, the secretary of state, Lord Egremont, wrote

from Whitehall on August 13, 1763, acquainting him that the King

had been graciously pleased to confer on him the civil government

of Canada and making special reference to the qualification,

“as far as the laws of Great Britain permit,” which laws, he

explains, prohibit absolutely all Popish hierarchy in any of

the dominions belonging to the Crown of Great Britain and can

only admit of a toleration of the exercise of that religion; this

matter was clearly understood in the negotiation of the exercise

of that religion; the French ministers proposed to insert the

words _comme ci-devant_ in order that the Romish religion should

continue to be exercised in the same manner as under their

government; and they did not give up their point until they were

plainly told that it would be deceiving them to admit those

words, for the king had not the power to tolerate that religion

in any other manner than as far as the laws of Great Britain

permit. “These laws must be your guide in any disputes that may

arise on this subject.”

The intention was precisely to tolerate for a time the Romish

religion and gradually to supplant it. The royal instructions to

Governor Murray, given from the court of St. James by King George

on the 7th day of December, 1763, leave no doubt on this head.

The intention to suppress the natural growth of the Catholic

church in Canada by crippling it forever at its fountain head by

giving no guarantee of the recognition of the Episcopal power and

jurisdiction, had already been foreshadowed in the two clauses

submitted by Vaudreuil in the terms of the capitulation of

Montreal.

Article XXX: “If by the treaty of peace Canada shall remain in

the power of His Britannic Majesty, His Most Christian Majesty

shall continue to name the bishop of the colony, who shall always

be of the Roman communion and under whose authority the people

shall exercise the Roman religion: ‘Refused.’”

Article XXXI: “The bishop shall, in case of need, establish new

parishes and provide for the building of his cathedral and his

Episcopal palace; and in the meantime he shall have the liberty

to dwell in towns or parishes as he shall judge proper. He shall

be at liberty to visit his diocese with the ordinary ceremonies

and exercise also the jurisdiction which his predecessor

exercised under the French dominion, save that an oath of

fidelity or a promise to do nothing contrary to His Britannic

Majesty’s service, may be required of him: ‘This article is

comprised under the foregoing.’”

The reason for this was signalized in the instructions later to

Murray, Carleton and Haldimand in the clause beginning:

“And to the end that the ecclesiastical jurisdiction of the

lord bishop of London may take place in our province under your

government as conveniently as possible,” etc.

Section XXXII reads: “You are not to admit of any ecclesiastical

jurisdiction of the See of Rome or of any other foreign

jurisdiction whatsoever in the province under your government.”

Section XXXIII: “And to the end that the Church of England may

be established both in principle and practice and that the said

inhabitants may by degrees be induced to embrace the Protestant

religion and their children be brought up in the principles of

it, we do hereby declare it to be our intention when the said

province shall have been accurately surveyed and divided into

townships, districts, precincts or parishes in such manner as

shall be hereinafter directed, all possible encouragement shall

be given to the erecting of Protestant schools in the same

districts, townships and precincts by settling, appointing and

allotting proper quantities of land for that purpose and also for

a glebe and maintenance for a Protestant minister and Protestant

schoolmaster, and you are to consider and report to us by our

Commissions for Trade and Plantation by what other means the

Protestant religion may be promoted, established and encouraged

in our province under your government.”

This instruction to Murray is repeated in those to Governor

Carleton, 1768, and to Governor Haldimand, 1778.

Let us see how the civil government worked out. It was proclaimed

on April 10, 1764, the delay being caused to allow the French

Canadians the eighteen months, stipulated by the treaty of Paris,

in which they might leave the country. Murray had been appointed

governor-general of the province of Quebec by the commission of

November 21, 1763, and the instructions were dated on December

7th. But Murray had not promulgated the new dignity accorded him

till on September 17th, 1764, the first great act of the new

régime being opened by his ordinance establishing civil courts.

It may be briefly stated as follows: there was to be a Superior

Court of judicature or King’s Bench, which should be held at

Quebec twice a year at the Hilary term commencing on January 1st

and at Trinity term on June 21st. Its president should be the

chief justice of Canada. This was William Gregory. This man,

with the attorney-general, Suckling, were soon removed for

incompetency. Later in 1766 a Michaelmas term was added. Montreal

and Three Rivers were to have the chief justices’ court of

assizes and jail delivery after Hilary once a year.

Strangely enough, though not unnaturally, Murray had inserted

a clause in the act which was afterwards violently objected to

by the English merchants as going beyond his commission, viz.,

that _all the subjects of the colony_ could be called upon

without distinction to take their place on the jury. Murray had

to explain this to the English government and accordingly with

the copy of the above act sent, he remarked to the following

effect: “As there are only two hundred Protestant subjects in

the province, the greater part of which is composed of disbanded

soldiers of small fortunes and of little capacity, it is

considered unjust to prevent the Roman Catholic new subjects from

taking part on juries, for such an exclusion would constitute

the said two hundred Protestants perpetual judges of the lives

and fortunes not only of the eighty thousand new subjects but of

all the military in this province. Moreover, if the Canadians

are not admitted to juries many will emigrate.” Murray felt that

his position might not carry, for he adds: “This arrangement is

nothing else than a temporary expedient to leave affairs in their

present state until the pleasure of His Majesty on this critical

and difficult point be made known.”

Besides the superior court there should be an inferior court of

“Common Pleas” to settle civil cases involving sums of beyond

ten _louis_. Beyond twenty _louis_ there was appeal allowed to

the superior court. If desired there could be juries called in

this court. French advocates and proctors could practice in this

court, though not in the superior court. Murray explains the

liberty taken by him in allowing this: “Because we have not as

yet a single English advocate or proctor understanding the French

language.” He also observed that the court of common pleas was

established solely for the protection of the French Canadian.

In addition to the other two courts, Justices of the Peace were

established at Quebec and Montreal who should hold quarter

sessions. These officers of the magistracy, according to Murray’s

instructions, had to be Protestants. One justice was to have

jurisdiction in disputes to the value of five pounds; two were

required for cases to the value of ten pounds. Three justices

should form a quorum to hold quarter sessions, to adjudicate in

cases from ten pounds to thirty pounds. Two justices were to sit

weekly in rotation in Quebec and Montreal.

Finally there should be elected in every parish in the country

bailiffs and sub-bailiffs. The elections were to take place

every 21st day of June and they were to enter upon their duties

on September 29th. “We call them bailiffs,” commenced Murray,

“because the new subjects understand the word better than that of

constables.” The word constable, will, however, better explain

the nature of their multifarious duties.

We now have a view of the change in the law courts in Montreal:

a yearly session of the king’s court and of the court of common

pleas, quarter sessions held by the justices of the peace, and in

the parishes, the bailiffs or constables.

Hardly had the courts erected by the act of September 7th

been held, than the grand jury of Quebec protested vehemently

at the new courts and especially at the privileges given the

new subjects. Their opposition was expected by Murray for his

comment, sent with the act, ran: that some of the English

merchants residing here of whom only ten or a dozen at most

possess any settled property in this province, are very

dissatisfied at the privileges granted to the Canadians to act on

juries; the reason of this is very evident as their influence is

restrained by the measure.

Britishers on the jury who thought the favours to Catholics

unconstitutional were only victims of their narrow prejudices

formed by the prevailing intolerance then existing in England and

its colonies. The toleration to Catholics according to the phrase

“as far as the laws of Great Britain allow” was not the wide

freedom we see nowadays.

A protest against allowing the latter class to practice in the

courts or to serve on juries was made early by the Protestant

members of the grand jury of Quebec on October 16, 1764, as

follows: “That by the definitive treaty the Roman religion was

only tolerated in the province of Quebec as far as the laws of

Great Britain had met. It was and is enacted by the third act,

January 1st, chapter V, section 8, ‘No Papist or Popish recusant

convict shall practice the common law as a counsellor, clerk,

attorney or solicitor, nor shall practice the civic law as

advocate or proctor, nor practice physick, nor be an apothecary,

nor shall be a judge, minister, clerk or steward of or in any

court, nor shall bear any office or charge as captain, master,

or governor, or bear any office of charge of, or, in any ship,

castle or fortress, but be utterly disabled for the same, and

every person herein shall forfeit one hundred pounds, half to

the king and half to them that shall sue.’ We therefore believe

that the admitting of persons of Romish religion, who own the

authority, supremacy and jurisdiction of the church of Rome,

as jurors is an open violation of our most sacred laws and

liberties, tending to the utter subversion of the Protestant

religion and His Majesty’s power, authority, right and possession

of the province to which we belong.” Later these jurors pretended

that they had never meant to exclude Catholic jurors, but only

as jurors when Protestants were contestants. The above argument

shows their original _intrinsigeance_.

Later, in February, 1766, modifications were introduced; when

the contestants were British the jury should be British; when

Canadians, Canadians; when the contestants were mixed the

jury should also be mixed. These conflicts were inevitable

in unsettled times when two peoples were of different mental

outlooks, politically, racially and religiously. The melting pot

of time will solve such difficulties, when the viewpoints of both

parties would be more sympathetically understood. In the meantime

the historical situation at the time was painful.

Governor Murray’s letter to the Lords of Trade, written a

few days after the presentment of the jury is a fair and

statesman-like view of the difficult period.

“Quebec, 29th of October, 1764.

“* * * Little, very little, will content the new subjects, but

nothing will satisfy the licentious fanaticks trading here, but

the expulsion of the Canadians who are perhaps the bravest and

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.

“I flatter myself there will be some remedy found out even in

the laws for the relief of this people. If so, I am positive the

popular clamours in England will not prevent the humane heart

of the king from following its own dictates. I am confident,

too, my royal master will not blame the unanimous opinion of

his council here for the ordinance establishing the courts of

justice, as nothing less could be done to prevent great numbers

from emigrating directly and certain I am, unless the Canadians

are admitted on juries and are allowed judges and lawyers who

understand their language, His Majesty will lose the greatest

part of this valuable people.”

His letter immediately continues with the following allusion

which helps us to place the position of Montreal in the above

general constitutional crisis then affecting the colony. “I beg

leave further,” says Murray, “to represent to your Lordship that

a lieutenant governor at Montreal is absolutely necessary. That

town is in the heart of the most populous part of the provinces.

It is surrounded by the Indian nations and is 180 miles from

the capital. It is there that the most opulent priests live and

there are settled the greatest part of the French noblesse.

Consequently every intrigue to our disadvantage will be hatched

there.”

A postscript to this letter to the Lords of Trade and

Plantations, gives Murray’s appreciation of some of the great

commercial class: “P.S.--I have been informed that Messrs.

William McKenzie, Alexander McKenzie and William Grant have been

soliciting their friends in London to prevail upon Your Lordship

to get them admitted into his Majesty’s council of this province.

I think it my duty to acquaint Your Lordships that the first of

these men is a notorious smuggler and a turbulent man, the second

a weak man of little character and the third a conceited boy. In

short it will be impossible to do business with any of them.”

This postscript indicates the strain and bitter personal

relations between Murray and some of the British commercial

element in the colony, who finally succeeded in obtaining his

recall.

Unfortunately, Murray was not always as discreet or as just in

the consideration of his opponents, as his position justified.

He was a soldier rather than a peace maker. In addition, others

besides the British merchant did not see eye to eye with him

in the interpretation of the new Treaty of Paris or in the

application of English laws in Canada.

They retorted as did the Quebec traders, that the governor “doth

frequently treat them with a rage and rudeness of language and

demeanour as dishonourable to the trust he holds of Your Majesty

as painful to those who suffer from it.”

In commenting on this period, Prof. F.P. Walton, dean of the

faculty of Law at McGill University, has the following criticism

(Cf. University Magazine, April, 1908):

He is speaking of the charge against Murray’s interpretation of

the new situation of the application of the new civil government.

“It is probable,” he says, “that at no period in the history of

Canada were legal questions so much discussed among the mass of

the population as in the first ten years of the English _régime_.

This is not surprising when we consider that the question whether

the English or the French law was in force in the Province

was one of no little difficulty. It was contended with much

plausibility that Murray’s Ordinances were of no legal validity

because, under the King’s proclamation, legislative authority

in the Province was to be exercised only by the governor with

the consent of a council and assembly, and that no assembly had

ever been summoned. This is not the place for a discussion of

this subject. I prefer the view of those who maintain that the

English law was introduced by the proclamation of 1763. The case

of Campbell and Hall is sufficient authority for the proposition,

that the King had the power without parliament to alter the law

of Quebec. It seems to me that the natural construction of the

proclamation itself is, that the King intended to introduce

the English law there and then. Murray, as Masères says in his

very convincing argument, ‘meant only to erect and constitute

courts of judicature to administer a system of laws already in

being, to wit, the laws of England.’ The whole affair was to a

great extent a misunderstanding. The English government had no

intention to force the English laws on an unwilling people. They

understood that they were giving ‘Home Rule’ to the Province of

Quebec, and expected that the Canadians would abrogate such parts

of the English law as they did not consider suitable, and would

re-enact the portions of the old French law which they desired to

retain. They did not foresee that, owing to the impracticability

of calling an assembly, the Province would be left without any

authority competent to legislate.”

It was, indeed, a time of great misunderstanding.

NOTE

GOVERNORS UNDER BRITISH RULE

As it may be convenient henceforth to omit mention of the advent

of successive governors, this list is appended for the purpose of

reference.

* (Gen. Jeffrey Amherst) 1760

* Gen. James Murray 1763

P. Aemilius Irving (President) 1766

* Gen. Sir Guy Carleton (Lieutenant Governor and Acting

Governor General) 1766

H.G. Cramahé 1770

* Gen. Sir Guy Carleton 1774

* Gen. Frederick Haldimand 1778

Henry Hamilton (Lieutenant Governor) 1784

Henry Hope (Lieutenant Governor) 1785

* Lord Dorchester (Guy Carleton) 1786

ON THE DIVISION OF THE TWO CANADAS

Alured Clarke 1791

* Lord Dorchester 1793

* Maj.-Gen. Robert Prescott 1796

Sir. R.S. Milnes 1799

Hon. Thomas Dunn 1805

* Sir James H. Craig 1807

Hon. Thomas Dunn 1811

* Sir George Prevost 1811

Sir Gordon Drummond 1815

Gen. John Wilson 1816

* Sir John Sherbrooke 1816

* Duke of Richmond 1818

Sir James Monk 1819

Sir Peregrine Maitland 1820

* Earl of Dalhousie 1820

Sir. F.N. Burton 1824

* Earl of Dalhousie 1825

Sir James Kempt 1828

* Lord Alymer 1830

* Earl of Gosford 1835

* Sir John Colborne 1838

* Earl of Durham 1838

* C. Poulett Thomson (Lord Sydenham) 1839

UNDER THE UNION

* Baron Sydenham (Hon. Charles Poulett Thomson) 1841

R.D. Jackson (Administrator) 1841

* Sir Charles Bagot 1842

* Sir Charles Metcalfe 1843

* Earl Cathcart 1845

* Earl of Elgin 1847

W. Rowan (Administrator) 1853

* Sir Edmund Head 1854

* Lord Viscount Monck 1861

UNDER THE CONFEDERATION

* The Rt. Hon. Viscount Monck, G.C.M.G. 1867

* The Rt. Hon. Lord Lisgar, G.C.M.G. (Sir John Young) 1868

* The Rt. Hon. The Earl of Dufferin, K.P., K.C.B., G.C.M.G. 1872

* The Rt. Hon. The Marquis of Lome, K.T., G.C.M.G., P.C. 1878

* The Rt. Hon. The Marquis of Lansdowne, G.C.M.G. 1883

* The Rt. Hon. Lord Stanley of Preston, G.C.B. 1888

* The Rt. Hon. The Earl of Minto, G.C.M.G. 1898

* The Rt. Hon. The Earl of Aberdeen, K.T., G.C.M.G. 1893

* The Rt. Hon. The Earl Grey, G.C.M.G. 1904

* Field Marshal, H.R.H., The Duke of Connaught, K.C., G.C.M.G. 1911

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Montreal, 1535-1914. Vol. 2. Under British Rule, 1760-1914 · 第 23 / 39 章