FOR
ten years after the cession of Canada to England, the government of the
colony was necessarily a purely military despotism. The first
arrangement of any regular governmental machiner was made by General
Amherst, who divided Canada into three departments, following the old
division of Quebec, Montreal, and Three Rivers, in each of which martial
law was to be in force, . under the direction of General Murray at
Quebec, General Gage at Montreal, and Colonel Benton at Three Rivers.
Murray instituted a council composed of seven of his officers, which sat
twice a week, and took cognizance of the more important civil and
criminal cases. But in all, he reserved to himself the decision, without
appeal. Gage, with yet more regard to the rights of the conquered French
Canadians, established live justice courts, composed of former officers
of the French Canadian militia, reserving a right of appeal to himself.
This military administration of justice does not seem to have been, in
practice, offensive ; but to the naturally susceptible feelings of the
conquered race it seemed an intolerable tyranny, and rather than appear
before such tribunals, litigants generally settled their differences by
refering them to the arbitration of the parish
cure or notary. For some time, the hope was
cherished that France would make yet another effort to regain her
greatest colony. It was now seen that such hopes were vain, indeed. The
court was only too glad to get rid of a source of constant expenditure.
Madame de Pompadour made
ban mot$ about the King having only lost a
few acres of snow. The rising spirit of republicanism rejoiced at the
capture of Quebec as a victory of freedom over despotism. There was a
considerable emigration from Canada to France during the years following
the Conquest. Many Canadians obtained high offices at Court, and were in
favour with Napoleon, and even with the Republicans of 1702. Those who
resolved, come what would, to remain in Canada, sent envoys to London to
represent their interests at Court. George III. was
struck with the beauty of the wife of one of their delegates, the
Chevalier de Lew, and said, "If all Canadian ladies resembled her, we
may indeed vaunt of our
beautiful conquest! "
In
October, 1763, the King, by an edict never confirmed by the English
Par'iament, and, therefore, not constitutionally binding, set aside the
old French law, always hitherto in force, and put in place of if
the law of England. This was from every point of view impolitic and
tyrannical; and in depriving the French colonists of the jurisprudence
to which they were accustomed, the royal decree did not give them in
exchange the rights of British subjects, since it declared that
representative assemblies for Canada should be held only when
circumstances allowed. In November, 1766, Murray was appointed
Governor-General, and in accordance with orders, convened a council,
which, in concert with himself, was to exercise all executive and
legislative functions. It consisted of the chief military governors,
with eight of the leading colonists nominated by himself. In this
council there was but one French Canadian. In consequence of this highhanded
treatment, there was much irritation among the Canadians, who did not
consider that the Treaty of Paris had been carried out. To give them
some measure of relief, Murray issued a proclamation to the effect that
in all questions relating to landed property and inheritance the old
French laws and customs should be the standard. For General Murray,
though stern, was just, and was by no means willing to see the brave
inhabitants of the conquered province trampled under the feet of the
adventurers. Camp-followers and hangers-on of great men now swarmed into
Canada, and, on the ground of being English-born and Protestants, tried
to engross all preferment and power. These men, at first, carried
everything before them. They tried to do what the Family Compact, in
after years, succeeded in doing. They had, for a time, the ear of
England, where they could always appeal to the rooted prejudices of race
and religion, and they might have succeeded in making Canada another
Ireland, had not the trumpet blast of American Revolution awoke the
muddle-headed King and his Councillors to the necessity of keeping the
faith pledged to the Canadians at the Treaty of Paris. For the present,
the British Protestant clique had enough to procure the recall of
Murray, whom they charged with autocratic military rule. Their real
reason for hating him was the justice of his rule, which they construed
into partiality to the French Canadians-It is curious to record how
these men, themselves the most unscrupulous of oppressors, posed as
advocates of the rights of Britons, and demanded an elective Assembly in
place of military rule. They wished for an Assembly to which none but
their own clique could be elected, and it is certain that French Canada
m those days of anarchy fared far better under military rule, which, if
at times despotic, was for the most part well-intended, and often
conciliatory.
In
1763, a plot, surpassing m the magnitude of i£f scope any other ever
known in Indian annals, was framed, under the instigation of certain
French ex-officials, by an Ottawa chief named Pontiac. Believing, on the
assurance of the French who made him their tool, that the King of France
would send another army to Canada and expel the English, Pontiac matured
a complicated and far-reaching plan to seize on the fifteen military
posts from Niagara to Fake Michigan. The basis of operation was, as
usual in Indian warfare, treachery and surprise. Pontiac, with a number
of his warriors with muskets whose barrels had been cut short to admit
of being concealed under the blankets of the Indians, was to gain
friendly admission to the fort at Detroit, to overpower the sentries
when once inside the gate, and admit a host of warriors who would be in
readiness without. But an Ottawa girl was the mistress of the
commandant, and put him on his guard. Besides Detroit, the forts of
Niagara and Pittsburg were able to repel Pontiac's attacks. The other
forts were surprised, and all the horrors of torturing and scalping were
wreaked on the hapless women and children who were captured and deceived
into surrender. One lady, the wife of an officer, after being struck in
the face by an Indian, with the reeking scalp just torn from her
husband's head, managed to escape in the confusion. She returned at
night to her ruined home, and contrived, unaided, to bury her husband's
body, after which she made her way to a place of safety. It is
humiliating to think that General Bradstreet, when, in 1764, he arrived
with a relieving force, condescended to make peace with Pontiac. The
wretch was killed soon afterwards, while drunk or asleep, by the knife
of an Indian as treacherous as himself. In our day, a brilliant American
historian has thought it worth his while to record, in two volumes of
high-sounding rhetoric the life of this execrable savage.
Sir
Guy Carleton was appointed to the Government of Canada in 1766, and, act
ng under the instructions he had received from the home authorities,
considerably relaxed the stringency of military rule. He also obtained a
number of reports on various subjects connected with the French
Canadians, and these being translated to the Home Government, were
carefully examined and commented on by the Law Officers of the Crown;
the result of which was the banning of a law which passed the British
Parliament, and is known as the Quebec Act. This Act provided that the
French law, consisting of the "Custom of Paris" and the edicts of the
Canadian Intendants, should decide all but criminal cases; that the
French language should be used in the courts of law; that there should
be complete civil equality between the French and English ; and that
legislative power, with the exception of taxation, which was reserved
for the crown, should be vested in a council in concert with the
governors, by whom members were to be chosen. The Quebec Act was a
crushing blow to the schemes of those who sought to erect a British-born
and Protestant oligarchy. Many of these men were so angry that they
became, sympathizers with the revolutionary measures already maturing in
the thirteen colonies. But this most righteous law secured the adherence
to Britain, in the struggle that ensued, of the Canadian priests and
seigneurs, and, through them, of well nigh the whole French Canadian
people. |