On February 10, 1763,
was signed the peace of Paris, terminating as between England on the one
hand, and France and Spain on the other, the state of war which had now
endured officially for seven years—actually for about nine. Their
Britannic, Most Christian, and Catholic Majesties declared a "
Christian, universal, and perpetual peace " ; because they were too
exhausted to fight any longer, and had every intention of doing so when
opportunity arose. Pitt, who thoroughly disapproved of the peace as
premature, and one which relinquished much of the advantage gained by
victorious campaigns, besides a dishonourable desertion of the Prussian
ally, declared that it could result only in an armed truce ; and Pitt's
foresight was justified.
Of the twenty-seven
Articles of the treaty the fourth only need be quoted; it included the
following:
"His most Christian
Majesty renounces all pretensions which he has heretofore formed or
might have formed to Nova Scotia or Acadia. . . . Moreover, His Most
Christian Majesty cedes 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. . . . His Britannic Majesty on
his side agrees to grant the liberty of the Catholic religion to the
inhabitants of Canada ... as for us the laws of Great Britain admit."
On this foundation, the
Ministry in London, now nominally in charge of George Grenville, Bute
retaining the position of chief wire-puller from behind the scenes, set
to work to create a form of government for the new American territories,
and, incidentally, to define the governments of the old colonies, as
well as to solve the knotty problem of the "mode of revenue least
burthensome and most palatable" to them, to cover the additional expense
of the civil and military establishments.
Lords Egremont and
Shelburne, the first as Secretary of State, the latter as representing
the "Lords of Trade," were in the first place confronted with the
necessity of determining a geographical boundary which should include
the government of Canada, and the important decision was taken that a
civil rather than a military government should be established, the
confines of which should be those of the original colony of New France,
excluding on the west and north the territories lying about the Great
Lakes. This curtailment of area was no doubt due to Shelburne, for we
are told that Lord Egremont favoured the inclusion of the Great Lakes
and all the Ohio Valley. But, on the ground that:
"If this country should
be annexed to the Government, of Canada we are apprehensive that the
powers of such Government would not be properly carried into execution .
. . unless by means of the garrisons at the different posts and forts in
that country, which must contain the greatest part of your Majesty's
American forces, and the Governor of Canada would become, virtually,
Commander-in-Chief, or constant and inextricable disputes would arise
between him and the commanding officers of your British troops."
Lord Shelburne's views
prevailed. It would seem apparent, however, that his very argument
carried its own condemnation, for " constant and inextricable disputes "
were likely to arise, in any case, in a partly-settled country, should
attempt be made to divorce the civil governor from all military control;
the more so that the * Shelburne to Egremont, August 5, 1763. (My
italics.) system of government for the previous century had been
military in the strictest sense, and the people were unaccustomed to
think in any other terms. This initial mistake was reversed within four
years, as we shall see. The form of government which was recommended by
the Lords of Trade was "the appointment of a governor and council under
Your Majesty's immediate commission and instructions." In his letter of
July 14, 1763, Lord Egremont signified to the Lords of Trade His
Majesty's pleasure that " The Hon. James Murray be Governor of Canada,"
f and at the same time instructed them to draw up for the King's
approval a "draught" of the commission and instructions for the
governor-elect. Lord Egremont also stated: "With regard to the
commander-in-chief of His Majesty's forces, the king thinks that his
correspondence should remain, as it hitherto has done, with the
Secretary of State." On October 8,1763, the draught proclamation
extending the Royal authority over the conquered territories was
approved by the King. The new Canada was styled "The Province of
Quebec."
The King's Proclamation
(abridged) ran as follows:
"Whereas we have taken
into our Royal consideration the extensive and valuable acquisitions in
America secured to our Crown by the late Definitive Treaty of Peace
concluded at Paris, the 10th day of February last, and being desirous
that all our loving subjects, as well of our Kingdom as of our Colonies
in America, may avail themselves with:
It is interesting to
note that the Governorship of Canada had been in the first place offered
to Pitt, though he was to be a nonresident governor (Life of William
Pitt, Basil Williams).
There was frequent
evidence of the overlapping of the business of the public departments,
and we find the Secretary of State addressing the Commander-in-Chief on
the subject of taxes and quit rents without reference to the Governors,
who heard on similar subjects from the Board of Trade, while the
Chancellor of the Exchequer framed proposals for imports and customs
duties apart from either the Secretary or the President.
A Report of the Lords
of Trade, dated November 5, 1761, indicates their opposition to granting
free access to the colonies of foreigners: "Our own reduced sailors and
soldiers would be more proper objects of national bounty and better
colonists than foreigners, whose ignorance of the English language,
laws, and constitution cannot fail to increase those disorders and that
confusion all convenient speed of the great benefits and advantages
which must accrue therefrom to their commerce, manufactures, and
navigation. . . . And whereas it will greatly contribute to the speedy
settling our said new governments, we have thought fit to publish and
declare that we have given express power and direction to our governors
that so soon as the state and circumstances of the said colonies will
admit thereof, they shall, with the advice and consent of the members of
our council, summon and call General Assemblies within the said
governments ; and we have also given power to the said governors with
the consent of our said councils and the representatives of the people,
to make, constitute, and ordain laws, statutes, and ordinances for the
public peace, welfare, and good government of the people and inhabitants
thereof as near as may be agreeable to the laws of England, and in the
meantime and until such assemblies can be called as aforesaid, all
persons inhabiting in or resorting to our said colonies may confide in
our Royal protections for the enjoyment of the benefit of the laws of
our realm of England, for which purpose we have given power under our
Great Seal to the governors of our said colonies to erect and
constitute, with the advice of our said councils, courts of judicature
and public justice, as well criminal as civil with liberty, in all civil
cases, to appeal to us in our Privy Council.
"We have also thought
fit to give unto the governors and councils full power to settle and
agree with the inhabitants or with any other person who shall resort
thereto for such lands, tenements, and hereditaments as are now or
hereafter shall be in our power to dispose of, and then to grant upon
such terms as have been appointed and settled in our other colonies, and
under such other conditions as shall appear to us to be necessary and
expedient for the advantage of the grantees. ..."
Perhaps the most
remarkable point in this remarkable document is the almost complete
absence of any consideration of the settled inhabitants of the colony,
who had grown up during the previous century and a half as a body in our
Government, which the too great migration of people from Germany has
already fatally introduced in some of our most valuable possessions. A
remark which indicated that Kultur was not more admired in 1761 than at
present organised with laws and customs, which even the most ruthless
conqueror would hardly set aside without at least. some consideration.
As was aptly said at a later period, the .dea which seemed to dominate
the minds of the ministers responsible for framing the proclamation was
to consider only " the profit and advantage that might accrue to the
King's British subjects."
On August 13 (1703)
Lord Egremont had conveyed in advance the gist of the above decisions to
Murray. lie wrote:
"I take great
satisfaction in acquainting you that His Majesty has been graciously
pleased to confer on you the Government of Canada, over which country
you have already presided so long with such applause, that the King is
persuaded this appointment will be received by his new subjects as a
singular mark of his Majesty's Royal attention to their welfare and
happiness."
These were highly
complimentary terms, and in the special circumstances of the agitation
carried on by Wilkes, to which reference will presently be made,
indicate the appreciation of his services held by the King. In the same
letter Lord Egremont gives a word of warning regarding the activity of
the religious orders:
"It becomes of the
utmost consequence to watch the priests very narrowly, and to remove as
soon as possible any of them who shall attempt to go out of their
sphere, and who shall busy themselves in any civil matters; for though
the King has in the fourth article of the Definitive Treaty agreed to
grant the liberty of the Catholic religion to the inhabitants, yet the
condition expressed in the same articles must always be remembered, viz.
as far as the laws of Great Britain permit. But at the same time that I
point out to you the necessity of adhering to them and of attending with
the utmost vigilance to the behaviour of the priests, the King relies on
your acting with all proper caution and prudence in regard to a matter
of so delicate a nature as this of religion."
The commission of the
newly appointed first British Governor of "the Province of Quebec"—that
is to say, of Canada—is a lengthy document, dated November 21, 1763, and
addressed " to our trusty and well beloved James Murray, Esquire,"
constituting and appointing him to be " Captain-General and
Governor-in-Chief in and over our Province of Quebec in America." The
various oaths as to the Crown and the Protestant Succession are
detailed, and the same ordered to be administered to the
Lieut.-Governors of Montreal and Trois Rivieres and Members of Council,
and to the persons "duly elected by the major part of the freeholders of
the respective parishes, or precincts," who were to form the General
Assembly of the " freeholders and planters within the Government."
The powers of the
Governor to make laws are contained in the following important
paragraph:
"And we do hereby
declare that the persons so elected and qualified shall be called the
Assembly of that our Province of Quebec, and that you, the said James
Murray, by and with the advice and consent of our said Council and
Assembly or the major part of them, shall have full power and authority
to make, constitute, or ordain laws, statutes, and ordinances for the
publick peace, welfare, and good government of our said Government of
our said Province and of the people and inhabitants thereof, and such
other as shall resort thereunto, and for the benefit of us our heirs and
successors, which said laws, statutes, and ordinances are not to be
repugnant, but as near as may be agreeable to the laws and statutes of
this our Kingdom of Great Britain."
Laws thus made were
subject to the King's confirmation, without which, received in due
course, they became void. The Governor was to "enjoy a negative voice in
the making and passing of all laws and statutes," and was likewise
entitled to "adjourn, prorogue, or dissolve all general assemblies as
aforesaid." Power to appoint courts, judges, and justices, and all other
necessary officers, was granted, as was the privilege of pardon, except
in cases of treason and wilful murder, which could be reprieved until
the King's pleasure was known.
The military authority
granted was, so far as the form of word goes, apparently full, viz.: "To
levy, arm, muster, command, and employ all persons whatsoever residing
within our said province," and furthermore, all officers and ministers,
as well civil as military, were " to be obedient, aiding and assisting
unto you, the said James Murray"; yet, as will be seen, this military
structure had, in fact, no substantial reality.
To the commission
itself was attached a document entitled "Instructions to Governor
Murray," consisting of eighty-two clauses. In this the composition of
the Council was decreed to consist for the present of the
Lieut.-Governors of Montreal and Trois Rivieres, the Surveyor-General of
the Customs, and eight other persons to be chosen from among the most
considerable of the inhabitants.
It is scarcely
possible, in reviewing this creation of a new government in a colony
which had grown and even prospered, at all events for a period, under a
totally different system, to avoid the reflection that the ministers who
evolved it lacked imagination and the instinct of statesmen. A governor,
a council, an assembly, were the sealed pattern implements by which the
colonies of British-born peoples, whose forefathers had been bred to
parliamentary institutions, had been ruled, therefore this new
possession, of which all but a fraction of the inhabitants were
foreigners of different language, religion and mode of thought to the
conquerors must necessarily fall into the same groove ! In Freneh Canada
the doctrine of Colbert, which involved the suppression of the
individual, had held sway for a hundred years. The people were
voiceless, and were trained to accept the despotic powers of the rulers.
To such a community the change was too sudden. To bring life and
movement into a body long paralysed by disuse was a miracle likely to
react dangerously, and to bring about ills not less serious than those
which it remedied, and Murray, as we have seen, clearly foresaw the
unwisdom of too drastic a change, and that the people were not yet ripe
for such a system.*
It is made very clear
in the reports of the Board of Trade that the calling together of an
assembly was intended to be a matter of early completion.
"It will be expedient
for His Majesty's service, and give confidence and encouragement to such
persons as are inclined to become settlers in the new colonies, that an
immediate and public declaration should be made of the intended
permanent constitution, and that the power of calling assemblies should
be inserted in the first commissions . . . and any temporary power of
making ordinances and regulations, which must of necessity be allowed to
the governors and councils before assemblies can be called, will be
better inserted in the instructions we are now preparing."
Thus the very points
which were afterwards found to be of doubtful legality, viz. temporary
power to make ordinances had engaged the attention of the framers of the
proclamation, and the unwisdom of the whole intention is demonstrated by
the result which showed the undesirability of creating a general
assembly, and even the impossibility of doing so while the religious
disabilities were maintained.
But not less important
than the innovations which were defined were others to which sufficient
definition was not given, and in which the authority and powers of the
governor and his council were left in a nebulous and unsatisfactory
state, which was certain to produce unrest among sections of the
community whose interests were at variance. Of these perhaps the most
important was the question of religion. The fourth article of the Treaty
of Paris had ordained:
"Liberty of the
Catholick religion to the inhabitant of Canada . . . the new Roman
Catholic subjects may profess the worship of their religion according to
the rites of the Romish Church as far as the latvs of Great Britain
permit."
Loid Egremont had
particularly drawn the Governor's attention to this limitation, and
warned him that "these laws must be your guide in any disputes that may
arise on this subject."
The laws in Great
Britain, especially as applied to Ireland, which in many cases provided
the analogy, did not recognise the possibility of any Papist holding
civil office nor of taking part in any capacity in the administration of
justice, and here at once arose difficulties, which brought the several
factions into sharp antagonism. The number of Protestant settlers
amounted to a few hundreds only, and the most of them were not persons
of capacity or importance. It was subsequently held, as we shall see,
that it was not intended that the literal reading of the words should be
maintained, and in certain cases Murray adopted such a view, for in his
ordinance establishing civil courts, he decided that "in all tryals in
this court, all His Majesty's subjects in this colony to be admitted on
juries without distinction"; and in submitting this order for
confirmation to the Lords of Trade, he explained:
"As there are but two
hundred Protestant subjects in the province ... it is thought unjust to
exclude the new Roman Catholic subjects to sit upon juries, as such
exclusion would constitute the said two hundred Protestants perpetual
judges of the lives and property of not only eighty thousand of the new
subjects, but likewise of all the military in the province. . . . This
establishment is therefore no more than a temporary expedient to keep
things as they are until His Majesty's pleasure is known on this
critical and difficult point."
It should be noted that
to this tentative proposal no objection was raised, nor, indeed, was any
reply received.
In the Superior Court,
or Court of King's Bench, Canadian advocates or proctors were not
admitted, and the governor and council considered it essential to
establish an inferior Court of Common Pleas, wherein minor cases could
be tried according to French laws and customs, and Canadian advocates
employed, whereby "the pooi Canadians were enabled to shun the attempts
of designing men, and the voracity of hungry practitioners in the law."
Justices of the peace were appointed, but it appears that Protestants
only were considered eligible, for we are told that a sufficient number
of suitable persons of this religion not being available in the district
of Trois Rivieres the whole province should be divided into two
districts only, viz. Quebec and Montreal; the holding of quarter
sessions by the justices was regulated.
In all this, though the
governor and his council clearly leaned towards a fair and sympathetic
dealing with the Canadians and seemed determined to render their
disabilities as little irksome as possible, it is abundantly evident
that they were hampered by the narrow views imposed from home. The
French Canadians recognised with gratitude that Murray's personal desire
was to aid them, but this very fact induced outcry from that
miscellaneous collection of adventurers who came on the heels of the
conquest to make what they could out of a people whom they hoped to find
at their mercy. It is to Murray's enduring credit that he stood between
these vultures and their prey, and this though he knew it would raise
against him the potent voice of the British traders, who then, as now,
could bring pressure to bear in the councils of the Sovereign.
Apart from these
sources of civil commotion, the military situation was not more
satisfactory. The command of the regular troops within the new province
was not clearly defined in the King's commission, but from other
documents it was inferable that the commander-in-chief of the King's
forces in America was supreme in all that concerned the King's
regiments. So long as Sir Jeffrey Amherst exercised the function
friction was not likely to arise, but in August, 1703, Amherst was
recalled to England, and Major-General Gage, whose post was that of Li
cut. He did not actually leave until the end of the year.
Governor of Montreal,
was appointed to succeed him. I have hinted already that the relations
between Gage and Murray were strained, and the tension was increased
when the latter received the appointment of governor, and thus assumed
the superior civil position over Gage, who was the senior in military
rank. Although Gage's appointment to succeed Amherst soon removed him
from the anomaly of this position, yet it is certain that the soreness
remained, and Gage, when he assumed the chief command of the troops was
not inclined to make things smooth for an officer whose opinion of him
he had probably heard.
Gage was succeeded by
Haldimand as Lieut.-Governor of Montreal, and both Haldimand and Burton,
who had returned to exercise the functions of Lieut.-Governor of Tn>is
Rivieres, adopted the attitude of independence of the Governor in
military matters. To Murray the situation was galling, but he viewed it
less from the personal than from the public standpoint. A little later
(October 15, 1761) he wrote to Lord Halifax:
"When the commission
His Majesty had been graciously pleased to honour me with as governor of
this province arrived in Quebec, the gentlemen who had till then acted
as Lieut.-Governors of Montreal and Trois Rivieres chose still to
continue so in their military capacitys, and declared I could have no
command over the troops in their respective districts.
"The regard I have for
my Royal Master's service, which must ever make me studious to obviate
any real or possible motive of disagreement amongst his officers,
induced me to waive a right which appeared to myself plain,
incontestable, and, indeed, necessary for the governor of this province.
. . . And as I plainly foresee, Mr. Gage means to divest me of all
military authority, I should be deficient in my duty was I not to
represent to your lordship the inconviencys to His Majesty's service
which in my opinion must necessarily happen from such a step.
"It must be allowed
that without a military force this lately conquered province cannot be
govern'd ; there dotb not exist in it above one hundred Protestant
subjects, exclusive of the troops, and by my instructions, of these
hundred Protestants must be composed the magistracy : But what force,
what weight can such a magistracy have unless the supreme magistrate has
the disposition of the military force. . . . The Canadians are to a man
soldiers, and will naturally conceive that he who commands the troops
should govern them. I am convinced, at least, it will be easyer for a
soldier to introduce and make palateable to them our laws and customs,
than it can be for a man degraded from the profession of arms. . . .
"I by 110 means think
it right that the Governor of Quebec should be upon the American staff.
. . . All I plead for is the necessity of having the disposition of the
troops destined for the security of the province intrusted to my care. .
. ."
These representations
were, unfortunately, of no avail, and Lord Halifax, as Secretary of
State in Grenville's administration, maintained the position, formulated
by Lord Shelburne, that the civil and military affairs of the colony
should remain distinct, and that the military government should be
directed by the commander-in-chief in America.
I have said that Murray
viewed the matter as of public importance. The mutterings of the coming
storm in the American colonies were already to be heard, and, not one
opinion, but many, pointed to the change in the situation which the
removal of the French garrison in Canada brought about. The deeply
ingrained spirit of freedom which ruled all hearts in the colonies was
doubtless in no Wise affected by the presence or absence of a foreign
enemy on their borders. They had for years maintained themselves with
varying success but with indomitable spirit against all encroachment,
real or fancied, but it was not in human nature to suppose that the
replacement of the foreigner on their borders by a government akin to
their own, and conducted on a system which, outwardly at all events,
eon-formed m every particular with that which custom and the lapse of
time had made theirs, should not produce a disturbance in the
equilibrium of the public mind.
*Governor .Tohnston
(James Murray's nephew), speaking in the House, May, 1770, said: "If we
look into the ancient historians, Tacitus particularly, we shall find
that the disputes which arose between the Roman proconsuls in Africa and
the military lieutenants sprung from the heterogeneous mode of giving
the provinces government which was eternally at war with itself, and
which, to be faithfully executed, could not but plunge the miserable
inhabitants either in revolt or destruction. If the proconsul, for
instance, behaved like a good magistrate, he had frequent occasions,
occasions, too, as unavoidable as they were frequent, of checking the
power of military lieutenants, and if the lieutenant acted like a brave
soldier there was no possibility of his living on any reasonable terms
with the proconsul." I quote this opinion given at a later date, to show
that Murray's views as to the necessity of combining the civil and
military administration in young colonies was one held by others besides
himself.
It was no new thing for
the colonial assemblies to oppose any attempts of the go\ ernors to
impose measures which suggested coercion, though the gradual limitation
of the political freedom, and the curtailment of privileges in later
charters, which had come about since the English revolution, had been
accepted. But it was one thing to accept interference from the central
authority of Parliament when guardianship was extended by the same hand,
and quite another to brook any dictation when the necessity for
protection no longer existed. And, besides, there was an increasing
leaven of men among the colonists, victims of religious persecution in
Ireland, who felt no allegiance to the English Crown, though the
majority was still loyal at the core.
Yet the very
circumstances which freed the colonists from apprehension placed the
Mother Country in the dilemma of requiring assistance from them. The
expenses of the war had been heavy, and it was felt that, in justice,
further contribution on the part of the colonies was due towards the
cost of a conflict which had materially benefited them. It would
probably have passed the wit of man to have devised a workable system
which would have bound the colonies to the Mother Country in the stages
of vast development which ultimately occurred, but this development lay
in the womb of the future, and it certainly should not have surpassed
the talents of the Home Government, at the time of which we are writing,
to have treated the susceptibilities of a people who had suffered much
in the cause and paid largely towards it, with a sympathy which would
have attained the desired results without the appearance of too great an
exercise of prerogative.
Unfortunately neither
the King, in the exercise of his powerful influence, nor the chaotic
character of the impotent Ministries, headed by Bute, or Grenville, or
Rockingham, had perspicacity sufficient to take the broad view, or to
initiate measures in such a way as to obtain the ready acquiescence of
communities ready to follow, but refusing to be driven. It was even
denied to the King and his ministers that they could argue themselves
without warning of the results which followed. Barre had put the case
powerfully : " Believe me, remember I told you so, the same spirit of
freedom which actuated this people will accompany them still." Lord
Shelburne had taken the same line, and Pitt had supported him in his
refusal to implicate himself in the attempt to apply the right of the
Imperial Parliament to dictate the financial contributions of the
colonists.
It remains for us to
marvel that the unparalleled obliquity of vision which distorted the
views of the English statesmen, and resulted in a series of measures
which slowly transformed the loyal colonies of America into open
insurrection, even obscured the necessity for military measures winch
would at least give coercion some probability of success. In Canada a
weapon ready fashioned lay at hand—maintained as a military colony,
following the tradition sanctioned by the system 01 its late masters,
and guided by the sure hand of so experienced a commander as Murray,
there is scarcely room to doubt that a powerful lever would have been
available to force the colonies, if in the last resort, as a result of
unwise measures, force should be necessary.
It may well be doubted
if the Stamp Act was other -han the immediate instrument which fired a
train already laid, the dangerous condition of which would sooner or
later have caused an explosion, and it should have been evident from the
first that the prevailing spirit of a large number of the colonists was
to obtain a degree of independence which could by no means be granted if
the Crown was to maintain even a semblance of prerogative. In these
conditions it is amazing that, side by side with such measures of
conciliation as might have led the colonists into a better way of
thinking, the obvious precaution of preparing for enforcement of
submission should have been neglected.
In 1708, writing to the
Due de Choiseul, Francis, the Freneh charge d'affaires in London, gives
Murray's views:
'1 Le General Murray ci
devant Governeur du Canada, m'a dit hier, qu'il aurait repondu dans
I'origine, d'empecher le progres des troubles, qu'il y avait encore des
moyens certains de les arreter, mais qu'il fallait profiler des seuls
instans qui restoient, par les mesures les plus vigoureuses, ... II
avail donne le projet de faire du Canada une eolonie militaire, pour
tenir les autres dans la crainte et dans la soumis-sion."
That he would have
succeeded in forming a military colony there is no doubt, the Canadians
loved him, and would have followed his lead.
No more convincing
confirmation of his views can be given than the letter of General Gage
to Governor Carleton, dated at Boston, September 4, 1774:
"The present situation
of affairs in this province obliges mc to collect all the force in my
power. ... As I must look forward to the worst from the apparent
disposition of the people here, I am to ask your opinion whether a body
of Canadians and Indians might be collected and confided in for the
service of this country should matters come to extremities."
But the demand came too
late, and within a year Carleton was himself ii extremities and unable
to assemble Canadians in sufficient numbers to defend their own
province.3 The British Government was ignobly
seeking to employ a corps of Russian troops, and actually despatched a
body of German mercenaries. Had Murray's strong representations of the
urgent necessity of continuing the government of Canada on a military
basis, and postponing at least, the foolish London-made scheme of
colonial government on the cut-and-dried methods of the Board of Trade,
for which he had declared " the people do not seem ripe," what a
different course the history of the American Revolution might have
taken!
Even as an economic
measure the maintenance of a garrison in Canada on a large scale was
pressed on the Ministry in a petition from the British traders in 1765.
They pointed out that the excess of imports over exports and the
necessity for an adjustment of the adverse balance, which they said
could be met by maintaining a larger army. At the expense of the Mother
Country, it is true, but probably for a few years only while the colony
was developing.
If proof were wanting
that the unwieldy military system, which attempted to govern the defence
of a continent from a centre at New York, must fail, the course of
events provided even this ; and the insurrection of the Indians, headed
by Pontiac, chief of the Ottawa tribes, brought home in an ugly fashion
that the success with which the French had ruled the original owners of
the soil was, so far, denied to their successors. With the Indian war
this story is slightly concerned, but in a land of vast distances, with
means of communication of the most primitive nature, the "inconveniencys"
of the system became at once apparent, and it seems astonishing that
Murray's views of self-contained military authority on the part of the
provincial governors met with so little consideration.
But, besides the Indian
war, another sign was forthcoming that the military system was too
unwieldy. Un September 18 (1703) an order was issued that the free
rations hitherto granted to the troops as being cm active service should
cease, and that thenceforward a deduction of fourpence for each ration
should be made. This order emanated from home, and was conveyed via New
York to Quebec. The result was immediate and serious The troops
mutinied. There had been previous sporadic mutinies at Louisburg, and
evidently the men were in a state of tension, no doubt due to the long
and trying campaigns they had come through; but one point which
indicates the evil of divided authority comes out in Murray's report to
Lord Egremont—the men declared they would march to New York and lay
their arms at Sir Jeffrey Amherst's feet. It is clear that they looked
upon the Governor as responsible for the order, which was by no means
the case, and hoped for redress by appealing to his military superior.
For a time things wore a very serious appearance, but Murray, ably
seconded by his officers, treated the situation with great firmness, and
finally induced the mutinous regiments to fall in on parade, and, going
personally to the head of each company, ordered the men to obey, "
determined to put to death the first man who refused." This strong
action overawed the men, and I cannot help dwelling upon the vigour of
Murray's personality which could bring about so satisfactory a result.
In a despatch of November 12 (1763) Lord Halifax (who had succeeded Lord
Egremont) wrote:
"His Majesty saw with
concern the account given in your letter of October 3 of the mutiny that
had happened in the garrison of Quebec, and the very alarming heights to
which it had risen, but observed with satisfaction the zeal and spirit
which you exerted in reducing the troops to obedience, and I am
commissioned by His Majesty to express to you in the strongest terms his
royal approval of your distinguished conduct on that occasion."
Enough has been said to
indicate that the peace of Paris was far from bringing tranquillity to
the Governor of the province of Quebec, and the effects of the blunders
made must develop gradually with the course of this narrative. In the
meantime, I will turn for a moment to Murray's personal concerns during
the period subsequent to the Montreal campaign.
His appointment as
governor was in itself a tribute to his successes and the high character
he had won for himself, but it was not accomplished without a
considerable opposition. In the early days of discussion on the terms of
the peace of Paris the idea of governing Canada had greatly attracted
John Wilkes, and, through his intimacy with Lord Temple, who became
Pitt's brother-in-law, he had obtained flattering assurances from the
minister.* The King, however, who liked to govern for himself, and had
little affection at the time for Pitt, and none at all for Wilkes, it is
said vetoed this proposal out of hand, and declared that the man who had
defended Quebec was the one he wished to govern it. Wilkes'
disappointment found utterance in the North Briton a couple of years
later, and Murray did not escape his venomous pen. To be a Scot was in
itself sufficient to incur the wrath of many of the political
pamphleteers of the period, and Bute's rise to power as the King's
confidential adviser made their bitterness fairly run over. The colonies
were described as:
"I Prey to the rapacity
of four hungry Scottish governors f ... as to the merits of three of
these gentlemen I am a perfect stranger ; the demerit of the Governor of
Quebec the world has seen, for he nearly lost the most important
conquest made during the whole war—a conquest purchased with the blood
of one of our first heroes, the immortal Wolfe. Among a variety of new
measures which this nation must ever deplore the appointment of military
men to civil governments is not the least to be lamented.
The "hand hostile to
England," referred to Bute, and the gazette was that which contained
Murray's appointment to Quebec. The Governor, however, does not seem to
have been seriously disturbed by Wilkes' vituperation; indeed, the only
reference I can find to him in the correspondence relates to the quality
of the Highlanders who were anathema to men of Wilkes' kidney:
"Wilkes may say what he
will, but every one must allow that Sandy is a good soldier, and always
to be depended on. The debauched English soldier says Sandy has no more
virtue than himself, for if his vice is drunkenness, Sandy's is avarice,
which I am sorry to tell you, is not true, for they have spent all their
money in ribbons for the Canadian girls!"
On the political
situation in England Murray had views:
"For my part I believe
our young King is very capable of governing himself, and I am such a
friend to our incomparable constitution that I shall be sorry ever to
see him reduced to the necessity of governing by faction. All the
actions of his life have hitherto shown how averse his nature is to
everything contradictory to the laws of Great Britain. Happy for his
people could those who oppose his Government be converted from these
selfish, corrupted principle which influence their conduct, and which
cannot be too soon nor too much discouraged by every well-wisher to the
British Empire. These are the sentiments of an honest Briton, who
blushes for the man who makes distinctions between the north and south
of the Tweed, and who in place or out of place, elevated or depressed,
will ever think the same and act accordingly."
Doctor Gideon Murray,
by now elevated to a valuable canonry of Durham Cathedral, was assiduous
after the fashion of the day in keeping his brother's interest before
the "great folks," and he writes to him of Lord Mansfield's high
approval of the first acts of the Governor:
"He approves greatly of
your conduct and management as a governor, and says you have acquitted
that duty with much more honour, credit, and judgment than any one we
have. Your lenity and kindness to the Canadians is highly commended by
him, and he advises you to let them, as much as you can, see the
benefits of a free British Government. It will redound to your honour
and make no small eclat when we have a peace. These are the words of
this great man—mark them well."
With Lord Bute, too,
Murray stood well, though Bute's unpopularity in the country was a
factor to his disadvantage. The uncertainties imposed by the want of
stability in the Government is illustrated in a letter to Lord Elibank:
"It would appear from
your Lordship's letter that 't might have been lucky for me had Lord
Bute's administration been more permanent. I wait with impatience to
know what is to become of me; but with a resolution cheerfully to
receive the worst news and to persist :n gratitude to those who would
have served me, had it been in their power."
In his private family
concerns a good deal of importance had happened. His father-in-law, Mr.
John Collier, died in December, 1760, and by a codicil to his will,
dated the previous April, he assigned the life interest in Mrs. Murray's
share of the estate to her husband. This change in the terms of the
original will was a somewhat remarkable tribute of respect to my hero,
for Mr. John Collier was never very fully reconciled to the idea of
trusting too much to the financial abilities of a soldier, and. indeed,
he probably shared to some extent Mrs. Collier's views, that all
soldiers were, by nature, extravagant. The original will had very
expressly excluded James Murray from any control of his wife's fortune,
and left to him, in the event of her death, no more than £500. The
codicil, however, seems to indicate that Murray's gallant conduct at
Quebec had turned the old man's suspicions into admiration, and it seems
probable, too, from the wording of the will, that he considered it very
desirable that his daughter should not be too independent of her
husband. However this may be, the property, equally divided amongst the
five surviving daughters, amounted to a very goodly heritage,
principally in real estate in Hastings and the surrounding districts,
and Murray thus became, in right of his wife, a considerable Sussex
proprietor.
It would appear that
when he was still in uncertainty as to the fate of Canada, he had
visions of retiring to a home life in Sussex, and it was no doubt with
this idea uppermost that he purchased the estate of Denham, or Den ham's
Folly. This purchase is alluded to in a letter from Gideon Murray, dated
April. 1702, so that the date is approximately fixed. Denham was
apparently immediately re-christened Beauport, after the French village,
near Quebec, which Murray had cause to know so well. In a letter dated
September, 1703, Gideon Murray hints at a change in his brother's views.
Referring to the transfer of certain moneys he says :
"For your American
purchases, I heartily wish you joy and good success. As you are now
Governor of Canada, your money will be best laid out there. Your
Excellency must be a seignior; but I hope in time you'll transfer all
and purchase in Britain, where it is more secure and less precarious in
all respects. You must not therefore part with Beauport, but make it as
you have designed it in due time, and if you do not chose an absolute
retirement, you may easily be ehose Member for the Cinque Port."
In the early part of
the year Murray had written to Mr John Cranston, who was acting as his
agent in Sussex:
"As there is now no
doubt of a peace, and very little probability of my government being
taken from me, I have no thought of visiting England. Indeed, I had some
time ago determined to settle in America, whatever might be the
consequences of a peace. I like the climate, and shall certainly never
leave it unless the King's service obliges me. With this view my affairs
are to be managed. ... I wrote to your father to put a stop to all
improvements proposed for Denham's Folly, and to lay no more of my money
out in Sussex."
In July of same year
(1763) he wrote again concerning some money affairs: "You will see I am
unalterably fix'd in this American world, and that I shall as soon as
possible convert into it every shilling of property I have in the
earth."
This was a somewhat
sudden and a very complete change of mind. It was formed before the
troubles of the quasi-civil government began to mount up, and perhaps
Murray-was enamoured of the idea of becoming a great landed proprietor
in the New World ; in this intention, I gather from another letter to
Lord Elibank, his brother was apparently a partner, and some part of the
money which was laid out in purchase of land in Canada was provided, or
perhaps advanced, by his lordship. That he intended to go to work
systematically to improve the land and farm on scientific principles is
made clear from correspondence with his brother George, who was sending
him two ploughmen, two milkmaids, and a grieve (farm bailiff), together
with seeds and a good deal of advice as to the best methods of
agriculture, in which George appears to have possessed quite a store of
knowledge.
It was not, however,
the prospect of farming on a large scale which alone attracted him to
forego the dream of a retirement to country pursuits in Sussex ; it is
evident that he was thoroughly disgusted with the state of things in
England, and the scant generosity with which he had been treated. The
key to his feelings is given in a letter to George Murray, written in
September, 1764:
''I have of late met
with so much ingratitude and harsh treatment from those whose
friendship, or at least goodwill, I thought I had a right to expect,
that I am determined to settle for the remainder of my days in this
New-World. ... 1 have no natural claims to the affection and gratitude
of my neighbours. If they are defective in making returns for the
benevolence which I make a duty of showing to all mankind, the
disappointment will not be so shocking and irksome as if it proceeded
from those in whom I have a nearer concern. Resides, I really find the
aborigines of the country—or savages, as you style them—less corrupt in
general than the inhabitants of the most civilised nations. They lend
without interest; if a friend is lucky and kills more game, they envy
him not, they rejoice at his success; if in war fortune has favoured
him, they constantly ascribe his success to his military talents, and
vie with one another in singing his praises. Envy and detraction are
vices they arc strangers to, nor do I think them near so cruel as their
more refined neighbours, now settled among them. If they dislike a man
they declare their hatred, and will not fail openly to attack their
adversary when an opportunity offers, but the only weapons they make use
of are martial arms; detraction and abuse they never practice,
consequently they cannot be accused of cruel, cowardly assassinations of
character. 1 tell you all this in vindication of the choice I have made;
without an explanation it no doubt must have appeared more strange than
at present I flatter myself it does."
It is easy to read
between the lines of this letter what was in his mind. Townshend was
back in England after holding military command in Portugal, and his
influence on the military situation in Canada might have been of great
importance to Murray. Amherst was in England, too, but it is to be
feared that he was scarcely a strong supporter of Murray's views,
though, in fact, he owed a great deal of his success to him. Barre had
much power, and though possibly the two men had a kind of admiration for
each other, I doubt if Barre could stretch it so far as to help his
former antagonist over the thorny places of his impossible military
position. Burton, for whom Murray had done much, and for whom the
correspondence shows he had a real affection, was running jealous." He
had been appointed a brigadier on General Gage's staff, and with the
latter's active connivance, was inflicting a series of pinpricks on his
former commander, which to a man of Murray's loyal and open nature were
very hard to bear with equanimity.
In his family affairs
things were not going very well. Mrs. Murray showed an invincible
dislike to crossing the Atlantic, and Murray was evidently most anxious
for her to make the attempt. He had written pretty strongly to his
brother Gideon on the subject, and Gideon, who was rather between two
fires, did not much appreciate the task of trying to persuade the lady:
"Allow me to tell you," he writes, "that you were much in the wrong
about your wife. Be assured that she loves you as much as ever woman did
a man, and is determined to join you for life next spring." But when it
came to the spring of 1761 Mrs. Murray was still too delicate to face
the voyage, and Gideon writes: "It is evidently her misfortune and not
her fault, and I assure her and myself that you will not blame her, but
lament her. However, she cannot be comforted nor easy till she receives
it from yourself, so write to her soon." There certainly seems to be a
good deal of reason for supposing that the Governor was not without good
cause for complaint, for the letters, preserved in the Collier
Correspondence, show that Mrs. Murray was well enough to undergo
considerable fatigue of a social kind, and very probably the sea voyage
would have been beneficial for the "dizziness" in the head from which
she suffered ! However, London was evidently more to her fancy than
Quebec, notwithstanding that Murray suggested "a large stock of
magnificent clothes," so that the people should see "their Governor's
lady dressed as she ought to be"; there was also to be a "handsome showy
coach* for parade, and a strong post-chaise for common use. In short,
Murray's efforts were tinted with the most attractive colours he could
employ—all, however, to no purpose. The lady remained obdurate, very
much to his natural annoyance, and poor Gideon had a difficult task as
between the tearful wife, who viewed his embassy with suspicion, and the
masterful brother, who thought little of anything short of prompt
obedience. |