Although the commission
of the Governor of the Province of Quebec had been executed in London on
November 21, 1763, for some reason, which remains unexplained,1
it was not received by Murray in Quebec until August of 1764— an
extraordinary delay which was productive of much evil. A year previously
Lord Egremont had informed Murray of the terms of the commission, and
certainly the matter was publicly known, yet during all the ensuing
months the Governor and Government were in a state of suspended
animation, and his authority over the districts of Montreal and Trois
Rivieres was disputed and disputable. Still, more unfortunately, as we
have seen, the position of the Governor in military matters was equally
uncertain. During this period Murray took his stand on his military
commission as Governor of the town of Quebec and its dependencies.
It will be convenient
here to indicate some aspects of the confusion which had its origin in
this state of affairs, and the consequent disorganisation of
administration. In August (1764) Murray addressed General Gage as
follows :
"... Mr. Haldimand (who
had succeeded Burton at Trois Rivieres) and some others Hunk that
Colonel Burtou, being on half-pay, and now divested of his command as
Governor of Montreal, can nowhere give orders to the troops. The same
gentleman declares that no civil governor can have any authority in the
army. . . . Neither will they allow of my military commission of
Governor of Quebec and its dependencies, copy of which I have the honour
to send inclosed for your information. At the same time you will be
pleased to observe that I do not mean to interfere with the troops at
Montreal or Trois Rivieres unless idle disputes and their consequences,
confusion, shall make it necessary. In that case I certainly shall
assume the authority 1 am vested with, not only by my rank in the array,
but by my military commission as Governor of the dependencies of Quebec,
that good order may be preserved until directions shall arrive from
you."
To which Gage replied:
"Whether His Majesty
intends superseding that commission by the latter (that is, the military
commission by that as Governor of the Province) or continuing you
Governor of the City and Civil Governor of the Province, His Majesty
alone can decide."
In theory, at least,
the Government at home had decided to divorce the military from the
civil functions, and the ground of the decision was that if one governor
retained military command then all would have a similar claim, and yet
with that readiness to distinguish between the treatment of "settled" as
opposed to "acquired" colonies, which the ministers displayed when their
occasion required it, they had at hand an excellent reason for
exceptional treatment in the case of Canada; a reason, moreover, which
every consideration of sound statesmanship should have led them to put
into practice.
Disputes between the
civil and military elements had already arisen in West Florida. It is
not necessary to inquire into these nor to apportion the blame, but
surely the ministers were seeking trouble when Colonel Burton, who had
been Murray's subordinate, and later on his equal as governor of a
district, was in the first place reverted to the subordinate position as
a lieut.-governor under
Murray, and then almost
immediately placed ;n a position independent of him as brigadier
commanding the troops in the northern area. Had Burton been of a loyal
and open character, perhaps things would have gone better.
Unfortunately, he was pompous, exacting, and jealous, and from the first
set himself to impose indignities on his former commander. I have no
desire to shield Murray from any share in the blame which may justly be
his, but from a perusal of many of the private and semi-official
letters, I cannot discern that the unhappy friction which arose
originated in any action of his. On the contrary, the terms in which he
wrote to Burton throughout the year 1704 seem to indicate a really
friendly spirit. Such or similar homely intimacy as the following occurs
frequent!}':
"I am happy I can
supply Mrs. Burton with oil of mint, which the Doctor says is as good as
that of peppermint. I beg my compliments may be made acceptable to her
and my young friend Dick. I hope the young Montrealist will continue to
thrive, and prove as good a woman as her mother, if so, tho' a girl, she
may bid fair to put Mr. Richards' nose out of joint, hence I take the
liberty to tell him he must be much upon his good behaviour."
And again:
"Now, my dear Burton,
as you are on the spot, you are the best judge how far it is expedient
to instruct the French people. ... As to the discontented English
traders, their conduct to you during the course of the winter proves
what they are. ... I really pity the poor French people, and think they
should not from ignorance be drawn into scrapes by such restless
spirits. I am persuaded you will pardon the liberty I take in so freely
offering my opinion on this occasion, which can proceed from nothing but
the zeal I have for the public good and the regard I shall always have
for you."
And again, to General
Gage, he wrote, in August, 1704, after the receipt of bis commission as
Governor :
"Burton is master of
all your views, and has everything in the best order for the execution
of them. To break in upon thorn at this time must certainly be
productive, of bad consequences, and shall not be attempted as far as I
can prevent it."
Impartially viewed, I
cannot but conclude that the strife which commenced during this period
was not caused by Murray, who on every occasion surrendered his powers
to preserve harmony; and even after he became aware that Burton had
endeavoured to supplant him in the office of Governor, he was careful to
avoid any reproach. Yet, as time passed, the action of the brigadier
gradually exceeded all bounds of endurance, and finally culminated in a
series of acts which were evidently calculated to produce an explosion.
A. certain Lieut.-Colonel Christie, who had been an officer in Amherst's
Army, and was now deputy quarter-master-general under Burton, appears to
have been the firebrand. Murray shrewdly suspected this officer of
manipulating public affairs to his own benefit, and when a general
warrant was applied for by Burton to enable him to impress boatmen and
transport, for military purposes, the Governor refused to grant it.
Writing to General Gage (July 1, 17(55) he says that Colonel Christie
had already made improper use of such warrants, " And that, gentleman is
carrying on works to a very great extent for his own private emolument.
Prudence will prevent me from giving him a general press warrant, and
decency should hinder him from asking it." By October, 1705, the
correspondence with Burton, now promoted to be major-general, had lost
its old style of friendly intimacy. The subject was still the supply of
transport:
"Sir, your letter of
the 20th ulto. I had not the honor to receive till last Friday. Monday's
post will have brought to you my injunctions to the inhabitants of the
parishes, the nearest to La Chine, to furnish the men necessary for the
sixteen battoes in question.
"It now remains to
acquaint you that if any prejudice shall happen to the service . . .
neither the government, nor the magistracy, are to be blamed. The latter
have no legal power to impress men, but for services specified m the
Mutiny Act: the battoe service in question doth not come within that
Act, and therefore it was fortunate the magistrates disregarded Colonel
Christie's menaces. They are worthy men, who very disinterestedly give
much of their time and attention to the public ; the gratitude I owe
these gentlemen on that account will make me studiously avoid every
unnecessary trouble to them. Policy and justice will prevent me from
imposing any task by which they may be exposed to the resentment or even
the censure of their fellow citizens."
It is impossible to get
away from the fact, constantly reiterated by Murray in his letters to
the ministry, that his divorce from control of the troops in his
province was seriously detrimental to his efforts to produce harmony and
good government. The British traders obviously took advantage of it, and
the French inhabitants, accustomed to arbitrary military authority,
could not fail to regard a civil governor, who had no power over the
troops in his garrison, with less obedience than was good for public
discipline. They had already expressed their satisfaction with the
military government which Murray had exercised up to August, 1761, and,
as we shall see, were among the first to congratulate his successor, who
arrived with full civil and military control. I think it is fully borne
out by incontrovertible facts that the major part of the animosity which
arose between the civil and military elements in the district of
Montreal originated before Murray had anything to do with that part of
the province, and w as the basis of the constant opposition by the
British section of the community. It was due to the two unfortunate
facts, that a long delay should have occurred between the signing of the
peace of Paris and the introduction of provincial government, and the
division of civil from military control in a province situated as was
that of Quebec.
To the Lords of Trade
Murray wrote, April 24. 1764:
"I cannot help
entreating your lordships to consider for a moment the difficulties I
have laboured under here.
The people I have
governed near five years without any civil jurisdiction or even
instructions from home are composed of a conquering army, who claim a
sort of right to lord it over the vanquished ; of a distressed people
stripped of almost all their substance real and imaginary (sic),
dreading the fate of their religion and accustomed to an arbitrary
government; and of a set of free British merchants, as they are pleased
to style themselves, who with prospect of great gain have come to a
country where there is no money, and who think themselves superior in
rank and fortune to the soldier and the Canadian, deeming the first
voluntary and the second born, slaves."
The Royal Proclamation
creating the province of Quebec was published on August 10, 1764.* On
the 13th Murray took the oath and administered the same to the council
he had chosen, and at the same time submitted the names to the King for
approval:
"Your lordships will be
pleased to observe that in this (council) and in the appointment of all
civil officers I must lie under great inconveniences. The British
subjects in the province consist of two very different sets of people,
the military and the mercantile, whom duty and interest have led here
and who can only be counted as passengers."
The terms of the
Proclamation were such as to create doubt and confusion; but looking at
the matter in the light of subsequent events, it would appear that much
of the misinterpretation was wilful on the part of a section of the
people, and had the Governor been in a position to carry out his own
reading without factious hindrance the points of doubt would have been
accepted in the confident spirit that iu due time they would be settled
or altered to their satisfaction. The special clauses which led to
trouble were as follows:
"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 ... in such manner and form as is used and
directed in those colonies and provinces in America which are under our
in mediate government . . . and in the meantime ... all persons . . .
may confide in our royal protection for the enjoyment of the benefit of
the laws of our realm of England ; for which purpose we have given power
... to the governors ... to erect and constitute . . . courts of
judicature . . . for hearing and deternii"ing all causes . . . as near
as may be agreeable to the laws of England."
It can be said at once
and definitely, and as a matter which should have been apparent at the
time, that it would have been wiser and more statesmanlike to have
omitted all reference to a general assembly in a province hitherto
unaccustomed to such a luxury, until such time as circumstances
permitted its constitution. At the same time, if, as was afterwards
stated, administration of justice " as near as may be agreeable to the
laws of England " was intended to have a wide interpretation, then the
persons appointed by the Crown to carry out the law should certainly
have been apprised of such intention; failing any such instruction it is
only possible to suppose that the subsequent explanation of the terms of
the Proclamation (see p. 325) was a somewhat palpable attempt to shift
blame on to wrong shoulders. It must also be reiterated that, in the
clearest and most definite terms, Lord Egremont had written to the
Governor :
"Tho' His Majesty is
far from entertairing the most distant thought of restraining his new
Roman Catholic subjects from professing the worship of their religion
according to the rites of the Romish church, yet the condition expressed
in the same article must always be remembered, viz. as far as the laws
of Great Britain permit. . . . These laws must be your guide in any
disputes that may arise on this subject."
In all this it was at
once clear that the intention must have been to exclude Catholic
subjects from all positions of a public nature which required the taking
of oaths repugnant to the Catholic religion.
That the Proclamation
was badly drawn up by the responsible ministers there can be no doubt,
but that it should have been attempted later to throw the responsibility
for its ambiguities on the shoulders of the Governor says little for the
honour and credit of the persons who, as we shall see, made the attempt.
It was truly said at a later date that this Proclamation seems to have
had principally in view the profit and advantage that might secure to
your Majesty's British subjects," and when it became apparent that the
complete institution of British laws, which most obviously and even
admittedly was the intention, was unjust to the Canadians, then the old
subjects had an equal grievance by alleging, whether truly or not, that
they had settled in the new province under a proclamation which assured
them the "benefit of the laws of our realm of England."
On September 17, 1764,
an ordinance was issued by the Governor in council, creating a system of
judicature. This ordinance has been severely attacked, both for what it
contained and for what it omitted. It naturally fell to the
attorney-general to prepare the document, and it is certainly the case
that, with the limitations imposed by the Proclamation and the
Governor's instructions, it would have been difficult to have acted on
different lines. The ordinance erected and constituted courts of
judicature for the administration of the laws. The laws created by the
King's authority were those of England, yet it was suggested afterwards
that the introduction of these was not the intention, a suggestion amply
repudiated by independent authority; but in issuing this ordinance the
council of Quebec did in fact err in the very direction in which it was
afterwards argued they should have acted, and it is strange that hi the
many discussions which subsequently took place on this ordinance, it was
not pointed out that the Governor and his council exceeded their strict
limits of authority in preserving to the Canadians certain rights which
it was stated were intended, but which it is very certain were
introduced by the Governor and his advisers of their own motion.
On October 16 a grand
jury was "charged" for the first quarter sessions. The "charge" to the
grand jury was an exhortation to be moderate and impartial, pointing out
the responsibilities of the leaders of a young colony. It is tolerably
clear that the spirit of the persons who alone were available needed
guidance, and that but little trust could be placed in them. The result
justified these suspicions, for the grand jury, taking its cue from the
independent attitude of the assemblies of the neighbouring states of
America, at once adopted the same line of conduct, and without any
shadow of justification arrogated to themselves the right to deal, not
with the causes to be brought before the courts, but with questions of
general policy quite unconnected with their duty as jurors. It will be
remembered that a clause of the scheme for government required the
nomination of an assembly of freeholders. It had so far been impossible
to set this in operation, and the grand jury claimed as the " only
representative body representing the colony ... a right to be consulted
before any ordinance that may affect them be passed into law, and also
to be consulted regarding taxes and necessary expenses."
All this would probably
have been regarded by the Governor and his council as a contemptible
exhibition of the feelings of people unused and unfit for the position m
which they found themselves, but the condition of affairs in the
American colonies lent more importance to this nascent spirit of
revolution than it inherently deserved. We must remember that six months
previously Grenville, as Chancellor of the Exchequer, had brought
forward the Stamp Act, which was to be put before the House during the
ensuing session. In the American colonies a number of able and sincere
men at once took up the challenge, and guided the popular clamour
against the liability to be taxed when not represented in the councils
of state; but the claims which the old colonies could legitimately make
of having already borne a large proportion of the expenses of the late
wars, and having rights of representation, had certainly no bearing on
the situation of the new colonies, which had come into being by right of
conquest; and whatever may be said regarding the disputes between the
Mother Country and the settled colonies, there was no excuse for the
pretentious attempt of the grand jurors of the province of Quebec to
take the same position.
Resides the resolution
just quoted, the grand jury presented fourteen others, the greater part
of which were distinctly outside their province. The whole attitude of
mind which influenced them, which clearly showed the self-seeking nature
of their intentions, is made apparent by the general statement appended
to their "presentments."
"Among the many
grievances which require redress this seems not the least, that persons
professing the religion of the Church of Rome, who acknowledge the
supremacy and jurisdiction of the Pope, and admit Rulls, briefs,
absolution, etc., from that See as acts binding on their consciences,
have been impanelled on grand and petty juries, even where two
Protestants were parties . . . we therefore believe that nothing can be
more dangerous (to the King's dignity) than admitting such persons to be
sworn on juries who by law are disabled from holding any office, trust,
or power."
Then followed a recital
of the Act of James I. against Papists and Popish recusants, all of
which was artfully intended to catch the verdict of the public in
England, already too much inclined to religious persecution, while at
the same time concealing the real desire of the Protestant minority in
Canada to rule the roost and plunder the former owners of the soil.
This document bore the
signature of twelve British merchants and eight of the new subjects. The
latter, however, subsequently declared that they had signed the document
in ignorance of the nature of its contents, and submitted a written
declaration of their views, which concludes with the following:
"That His Majesty being
informed that all the subjects forming this province were Catholics,
still believed them capable as such of taking the oath of loyalty, and
therefore fit to be admitted to the service of their country in such a
way as they shall be thought qualified for. It would be shameful to
believe that the Canadians, new subjects, cannot serve their King cither
as serjeant or officers; it would be a most humiliating thought and very
discouraging to free subjects who have been admitted to the privileges
of the nation and their rights as explained by His Majesty. . . . The
leniency of the existing Government has made us forget our losses and
attached us to His Majesty and to the Government...."
As may be supposed,
those among the new subjects, both jurors and justices, in whose cause
Murray was working whole-heartedly, entered a spirited protest against
the presentments referred to, and there was also a numerously-signed
petition on the same subject from the French inhabitants. In this they
asserted that:
"Mr. Murray, who was
appointed Governor of the province of Quebec, to the satisfaction of all
its inhabitants, has up to the present time, at the head of a military
council, administered to us all the justice we could have expected from
the most enlightened jurists. . . . For four years we enjoyed the
greatest tranquility. By what sudden stroke has it been taken away
through the action of four or five jurists, whose character we respect,
but who do not understand our language, and who expect us, as soon as
they have spoken, to comprehend legal constructions which they have not
yet explained? . ."
The petition then goes
on to state the cruelty of proscribing ten thousand heads of families
from authority in the State on account of religious difference.
The reply of the King
to the claims of the grand jurors was to the point:
"Having taken into
consideration several presentments from a grand jury at Quebec, assuming
to themselves authority similar to that of a House of Representatives,
against the orders and regulations of His Majesty's Government
established there. Supporting the said presentment by the names of
several of the principal French inhabitants, who declare they were
fraudulently drawn into signing the same, and by a representative since
sent over, deny their previous knowledge or their intended approbation
of the contents, which, being written in English, they did not then
understand. I am now, Sir, to signify to you His Majesty's highest
disapprobation of such their proceedings and abuse of the good faith of
the said French inhabitants, and by His Majesty's command I am to direct
you to signify that Hi-s Majesty will give the utmost attention and
consideration to all proper representations from his Canadian subjects.
. . ."
Unfortunately this
pronouncement was not received for a year subsequent to the
presentments, and during all the intervening period the Governor was
confronted with the ill-concealed rebellion of the jurors.
Montreal was the storm
centre whence emanated these attempts to undermine the authority of the
Governor. " Every intrigue to our disadvantage will be laid and hatched
there." In truth, the course of government at Montreal had been
unfortunate from the start. From the date of the surrender (September,
1760) until the end of 1763, General Gage had been responsible, and his
rule was mild and little fitted to control the disturbing elements which
gathered force with singular rapidity at a critical time when all comers
were seeking to profit by the opportunities of the first settlements of
the new colony. It was no time for milk-and-water politics. After Gage
came Burton, who appears to have had no capacity for civil
administration, and to whom the army was the sole object of solicitude.
After Burton, who resigned in July (1764), came nobody, for Lord Halifax
wrote that it was judged unnecessary to fill up the appointments of
lieut.-governors at Three Rivers and Montreal. To this proposal Murray
strongly objected, pointing out that at a distance from the capital of
one hundred and eighty miles, surrounded by "nations" of Indians and the
headquarters of the French noblesse, it was eminently desirable to
retain, as was the case during the French regime, a lieut.-governor to
control the measures ordered for the public peace.
In the Quebec district
Murray had ruled sternly but justly. The British traders were kept
within bounds by an iron discipline which pleased them very little,
while the habitant could count on support so long as he acted honestly.
Of the French Canadians
of the settler class Murray held a high opinion. Possibly his language
may appear a little exaggerated, but we must remember how constantly he
found it necessary to protect them against oppression, and no doubt his
experience of the Ministry at home led him to believe that strong terms
were needed to impel them to action.
"Little, very little,
will content the new subjects, but nothing will satisfy the licentious
fanatics trading here but the expulsion of the Canadians, who are
perhaps the bravest and the best race upon the globe. A race who, could
they be indulged with a few privileges, which the laws of England deny
to Roman Catholics at home, would soon get the better of every natural
antipathy to their conquerors, and become the most faithful and most
useful men in the American Empire."
This term of Murray's
shows that his thoughts ran in Imperial lines, and while Ministers and
Members of Parliament were engaged in considering how much the supposed
disunion of the colonies would set as a safeguard in preventing combined
action, he and others with a wider vision would have created that
Imperial senate, which in the twentieth century is approaching its
birth, and by doing so might have continued the union of the American
Empire with England with what results on the peace of the world one can
only conjecture. To preserve these hardy Canadians, accustomed to the
climate and needing only peace and equitable treatment to become good
subjects, was Murray's constant care, and in August, 1764, he reported,
with evident satisfaction, "that there are no more than two hundred and
seventy souls, men, women, and children, who will emigrate from this
province in consequence of the Treaty of Paris."
*Halifax to Murray,
July 11, 1764. Color el Burton was, however, appointed Brigadier of the
Northern Command, and did not actually1 leave Montreal, though lie
ceased to be civil Governor.
Towards the end of the
year (1764) the constant petitions of the British traders against the
Governor's action— forced, no doubt, on the Ministers by their
correspondents in London—obliged Murray to take the step of sending his
secretary, Cramahe, to England to endeavour by word to bring the real
situation before the King and his councillors:
"I flatter myself," he
wrote, "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
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, that His Majesty will lose the greatest part
of this valuable people."
Regarding this action
of the Governor in council in permitting the inclusion of Catholics on
juries, it is interesting to note that the opinion of the law officers
of the Crown, to whom the matter was referred, supported the view taken
in Canada. This "opinion," dated Lincoln's Inn. June 10, 1765, ran as
follows
"Question: If His
Majesty's subjects residing in countries ceded by the treaty are or are
not subject in those colonies to the incapacities, disabilities, and
penalties which Roman Catholic subjects arc subject to by the laws (of
England). Answer: We are of opinion that, they arc not subject."
Thus, though the action
taken in Canada received this confirmation, it does not detract from the
courage with which the Governor and his council faced the situation, and
brought on themselves a veritable avalanche of misrepresentation from
that turbulent and self-seeking section who unfortunately had the means
of making themselves heard at home.
In Montreal the state
of tension between the military and civil elements, abetted it is to be
feared by the open action of Burton and Gage, culminated at the end of
1764 in serious trouble. The origin was in itself trivial enough to make
it more worth oblivion than record, but at a period when weak government
and divided councils permitted John Wilkes to absorb the interests of
Parliament over several sessions and even to affect the stability of a
Ministry, one might expect exaggerated importance to be given to the
Canadian affair of Mr. Thomas Walker, a merchant of Montreal.
Incidentally this affair brought out prominently the danger of divided
authority, as between the civil governor at Quebec and the military
chief at New York. Walker, it appears, was one the turbulent class who
made it their business to pursue a course of disrespect to the
established Government, and to set at nought, as far as it dared, the
military element. During the period of Colonel Burton's government, and
before the long delayed establishment of civil government, this man had,
in the course of a dispute with one of his clerks, presented a petition
to Burton, who had ordered the affair to be tried before a military
court, there being no other available. The appellant refused to be
governed by the decision, and treated the court in a disrespectful and
contemptuous manner, and his behaviour met the approval and imitation of
many of his fellows, producing a state of tension between the military
and civil elements, which there is reason to believe was not eased by
any tactful action on Burton's part. In the autumn this state of tension
came to a head, when certain orders as to billeting of troops were
given, to which the civilian clement were strongly opposed and declared
to be illegal. A captain of the 28th Regiment was under these orders
billeted on the house of one of the Canadian justices of the peace, who
promptly issued a warrant for the imprisonment of the captain. It is not
very clear on what grounds this order was made or carried out, but it
was quite sufficient to give the soldiers a strong incentive to show
their power, and there was certainly much bitterness. Murray, on
receiving reports of this occurrence, was evidently in a difficult
position. It was impossible to repudiate the authority of the newly-made
magistrates without inquiry, and they were summoned to Quebec to answer
for their action, among them being Walker. Two nights before Walker's
departure to obey the Governor's summons his house was entered by a body
of soldiers and he himself violently assaulted. There is no doubt that
this assault was the action of the men and perhaps some officers of the
28th Regiment, who greatly resented the magisterial action against one
of their members; and it is pretty clear that Burton was less anxious to
clear up the matter than to shield the military and incidentally to
cause difficulties to the civil governor.
The Governor acted
promptly and impartially. It is evident from his report that he had no
leanings to either side:
"On so critical an
occasion I determined to go to Montreal immediately with His Majesty's
council for the province. Here I found everything in confusion, and the
greatest enmity raging between the troops and the inhabitants. The
latter spoke and acted as if their lives were in danger.
. . From the day I
arrived—how they (the military) conducted themselves before I shall not
say—the troops certainly behaved with great submission to the civil
magistrates. Every man was given up to be examined the moment he was
demanded. ... In the course of the examination before the council it was
evident the army had not been very zealous in aiding the civil
magistrates, and the insolent, indecent, and groundless suspicions which
Mr. Walker expressed against officers of undoubted honour and reputation
might have occasioned that indifference and influenced the whole army
against him."
After remaining a month
at Montreal and arranging, after some demur on Burton's part, for an
exchange of the 28th Regiment, Murray set out to return to Quebec, but
his influence had hardly been removed when the soldiers of the 28th
broke out afresh and forcibly released the men of their regiment who had
been imprisoned. The men were recaptured, and a second time were rescued
by the soldiers. Murray's remark on this is significant: "Brigadier
Burton, under whose command this result happened, had no doubt very good
reasons for not inquiring into it, and for not endeavouring to find out
the authors of it."
Before setting out for
Montreal, Murray wrote to Burton a letter which, I think, is worth
quoting, as showing his open impartiality:
"The confusion at
Montreal must give every good man concern. It is my duty to do what in
me lies to put a stop to it and to restore order and harmony; to this
end I shall set out as soon as possible for that part of my Government.
In the meantime, as the post will reach you before I can, I write the
opinions of the Attorney-General relative to the warrants and conduct of
the magistrates complained of in Captain Mitchelson's letters to you.*
"I send this in
tenderness to my brother officers, who, I hope, will have patience till
I arrive, and then they may be assured that everything will be done with
that candour and politeness which they may expect from a gentleman
firmly attached to His Majesty's service. . . ."
The affair dragged on
for many months with fresh difficulties cropping up. The trial
originally ordered to be held at Montreal was found to be impossible,
for the limited choice of jurymen prevented twelve unbiassed people
being found. On the recommendation of the law officers the council
decided on transferring the trial to Quebec, and an ordinance was issued
making the whole province open for selection of a jury. Walker refused
to attend this trial, alleging fear of personal molestation at the hands
of the men of the 28th Regiment then at Quebec. The venue was then
changed to Trois Rivieres. Walker still refused to appear, and the trial
held in his absence resulted in acquittal of the accused. It was clear
that Walker was less concerned in procuring a conviction than in
creating difficulties'. In June, 1765, Murray wrote to the Board:
The examination in
council . . . shows Mr. Walker in his proper colours. He had no excuse
for not attending, as during the trial the 28th Regiment was to have
been ordered into cantonments. His protest against Government, his
seditious insinuations which prevailed with jurors summoned from
Montreal to refuse their duty, the repeated complaints of his insolent
overbearing temper and the impossibility of prevailing upon any other
justice to act with him, are reasons sufficient for the unanimous desire
of the council to have him dismissed from the magistracy. A desire 1,
with reluctance, yielded to in consideration of the personal
ill-treatment the man had suffered and the opportunity of triumph it
gave his enemies."
In London a great
outcry was made by the traders, who were only too anxious to find an
opening through which to attack the governor. The city, "ever the friend
of those oppressed by the intruments of power," and at this period ready
to hang the banner of "liberty" on any peg that would cause
embarrassment to their rulers, presented memorials accusing the
authorities in general, and Murray in particular, of interference with
liberty. The transfer of the trial to Quebec and the enlargement of the
choice of jurymen fell particularly under comment. Unfortunately the
Government at home, but recently emerged from the first phases of the
Wilkes' problem and its connected question of "general -warrants," and
already in conflict with the American colonies, had no heart to face,
with justice and inquiry, the situation arisen n Canada. The results we
shall hear of again; meanwhile, it is sufficient to observe t hat the
delay in creating a civil government, the weakness due to divided
authority, and the short-sighted policy which decided to impose on a
race of men alien in religious thought some part of the narrow
restrictions which had already produced chaos in Ireland, were wholly
responsible for the lamentable state of friction which confronted the
Governor.
Murray, at all events,
had nothing to reproach himself with. He had laid all the circumstances
clearly before the ministers in language that could admit of no
misunderstanding:
"One must be on the
spot to form a judgment of the difficulties which occur in establishing
the English laws in this country. The body of the people, from education
and religion, are averse to them, and the few sensible men among them
are still more so, being excluded from every employment they formerly
enjoyed. . . . Colonel Burton, who had arrived at the government of the
province and refused the lieutenant-government, is appointed a brigadier
on the American staff, and remains to command the troops at Montreal. It
is not natural to imagine a man will be contented with the command of a
few troops in a country he had so long governed without control. . . .
It may be supposed the civil establishment was by no means relished by
the troops, as the new magistracy must be composed, agreeably to my
instructions, of the very merchants they held so much n contempt. . . ,
I was aware of the disagreeable circumstances at Montreal, and remedied
them as much as possible by joining with them (the civil magistrates)
half-pay officers in the commission of the peace, and even by borrowing
some from regiments on duty. . . The places of the greatest business in
the province have been granted by patent to men of interest in England,
who have hired them to the best bidder, without considering the talents
or circumstances of their representatives. One man, for instance, who
cannot read a word of French, is Deputy-Sheriff, Registrar, Clerk of the
Council, Secretary and Commissary of Stores and Provisions. ... I am
sensible I may displease by complaining of this, but by doing so I do my
duty. While I have the honour to serve my Royal Master that shall by my
only study, and the only fear I can entertain is that of being defective
in it." *
From the private
correspondence that took place during this period, Murray's views and
difficulties appear. To Lord Elibank he wrote on September 16 (1764):
" . . . It is by the
military force we are to govern this lately conquered province. ... It
is evident the brigadier must in fact be the governor, (or) that the
people must be oppressed by the soldiery, that the civil governor and
his magistrates must be contemptible, and in place of being the means of
preserving order and promoting the happiness of the subject they must,
from the natural jealousies which such an establishment will produce,
become the bane of peace. . . . The reasons are so clear and simple,
they should not have escaped the Ministry. If, however, they have, from
the hurry of more pressing concerns, or from the art ful insinuations of
designing men, it is necessary they should be put right. I cannot
decently write to any of them on this subject, because what I may say
might be construed more the effects of ambition than zeal for the
service of my master and the good of the public, and therefore I am to
entreat your lordship to represent it properly, that the evil may be
removed, if it really doth exist. ... I cannot with credit to myself or
satisfaction to my Sovereign govern in this province unless I have
authority with the troops ; I mean not to have the ehief command of
them. How far that is expedient the wisdom of Government must determine,
but I do insist that under the commander-in-chief I should have command
of the troops, towns, and forts all over the province. It will he too
hard a task for me to govern in the civil way a great populous country
of a different religion, different language, different manners and
customs, without the aid of troops or the assistance of the laws, for
two such ignorant needy lawyers as are sent here from England to
distribute justice to the people were never before sent from any
country. . . ."
*Murray to Lords of
Trade, March 3, 1705.
To Lord Eglinton he
wrote (October 27, 1764):
" .... If the popular
clamours in England will not allow the humane heart of the King to
follow its own dictates, and the Popish laws must be exerted with rigour
in Canada, for God's sake procure my retreat, and reconcile it to Lord
Bute, as I cannot be witness to the misery of a people I love and
admire."
To his friend James
Oswald, who at the time was Vice-Treasurer for Ireland in Grenville's
administration, he wrote (October 16, 1764):
"The necessity of the
Governor of this province having the command of the troops is so
evident, I conclude that will instantly be ordered, if not it will be
impossible for me, or any other man, to give satisfaction. ... If,
therefore, my dear Sir, you find that His Majesty has come to a
resolution to allow no civil governor to have any military command, for
God's sake get me as handsomely out of this civil embarrassment as
possible. The Government of this province will be a good thing for some
dependant of the ministers and I am ready to resign . . . provided
always that 1 may be continued nominal military governor of the town of
Quebec, a title I own I am proud of. I therefore say nominal, for I
desire no salary. . . . Everyman has his hobby-horse. Mine is to die
with the title of Governor of Quebec. . . ."
To his secretary
Cramahe, who had been sent to England to make clear all the affairs of
the province, he wrote (November 17, 1764):
"Since you left us they
have run wild at Montreal. Inclosed you have all that pretty business,
the effects of Burton's intrigues, Fraser's haughtiness and weakness,
and the justices' ignorance and pride, I am resolved to be cool and let
the law take its course. I shall prejudge no man, so the justices will
remain until I and all the world are convinced they should be removed.
... I have appointed Monier, Mayben, and Marteil to be Judges of the
Court of Common Pleas till you can provide better in their places. The
people call so loudly for this reasonable court I cannot refuse, and
sure I am it must be approved of when you represent the necessity of it,
and then you will labour to find a proper person to preside there. . . .
Our Chief Justice gives every day fresh proofs of his want of head and
heart, and Cunningham of his being the most thorough-paced villain who
ever existed. The Attorney -General seems to understand the business he
was sent here to do. Kneller is a worthy young man; his knowledge and
honesty keep the other gentlemen of the law in awe, so I hope we shall
rub on till things are put on a better footing. If they are not I must
give it up, for I am determined to risk neither character nor
constitution in attempting impossibilities and absurdities; the loss of
the first must be certain, and I find the anxiety and vexation has such
an effect on my health that the second will be inevitable. You know,
Cramahe, I love the Canadians, but you cannot conceive the uneasiness I
feel on their account. To see them made the prey of the most abandoned
of men while I am at their head is too much for me to endure much
longer. Take courage, therefore, my man, speak boldly the truth and let
you and I at least have the consolation of having done our duty to God
and our country and our own consciences. Farewell, my dear friend, I
heartily pray God Almighty may prosper your labours and send you safe to
me again."
On a previous page I
have referred to the opinion expressed by the crown law officers on the
legality of admitting. Catholics to the jury. A more complete
justification of Murray's policy occurred at a council held at Whitehall
on November 15, 1765, when the Lords of the Committee of Council for
Plantation Affairs were:
"pleased to order that
the Lords Commissioners for Trade and Plantations do prepare and lay
before this committee a draught of an additional instruction, requiring
him (the Governor of Quebec) to publish an ordinance declaring all His
Majesty's subjects in the said province without distinction are intitled
to be impannelled and sit and act upon juries."
For greater security it
was ordained that in causes between British-born subjects only
British-born jurors could sit, and in cases between Canadians only
Canadians could sit—in mixed cases the jury should be equally divided.
It was further ordered "that His Majesty's Canadian subjects shall be
permitted to practice as banisters, advocates, attorneys, or proctors in
all courts," though this latter concession was not to be considered as
final, but until His Majesty's further pleasure should be expressed.
This decision was a
triumph for the Governor. The opposition to his constant endeavour to
procure equality of treatment for the Canadian subjects had been, and,
indeed, still continued to be, bitter and incessant, but in thus
securing them fair representation in the courts of law a great step in
their favour had been gained, nor is it possible to argue that it was
always intended that the terms of these new instructions should have
been read into the original. Had such been the case it would not have
been necessary to set in motion all the machinery of a reference to the
law officers, a resolution of the council at Whitehall, and a formal
authority to take the proposed action. Yet the attempt was made at a
later date to show that omission to do the things now sanctioned to be
done was due to want of proper reading of the original commission and
its accompaniments, on the part of the Governor, his council and the law
officers appointed in Canada.
Enough has been said to
show that Murray had represented the circumstances fully and fearlessly
during the years 1764 and 1765. Possibly his letters were not politic,
and it may be that his blunt statements, in which he definitely stated
that "the places of the greatest business in the province have been
granted by patent to men of interest in England, who have hired them to
the best bidders, without considering the talents or circumstances of
their representatives," gave offence which might have been avoided, but
apart from this the whole state of colonial administration in London was
in confusion. There had been friction for a long time between the
President of the Board of Trade and the Secretary of State. Lord Halifax
had endeavoured to free the Board of all trammels, his successors had
been content with subordinate positions. In 1703 Lord Shelburne claimed
full powers, but ultimately agreed to take Cabinet rank, while nominally
subordinate to the Secretary of State, an arrangement whieh lasted only
a few months. Frequent changes and a conflict of policy marked the years
1764 and 1765, and it is little to be wondered at that the result should
have reacted on the colonies, whose Governors were in the unhappy
position of having no clearly defined channel of communication. They
were partly subordinate to the Board with an ill-defined subordination
to the Secretary of State. In 1766 Lord Chatham definitely reduced the
Board of Trade to a Board of Report to the Secretary of State ; a year
later the Duke of Grafton altered the policy and created a third
Secretary of State to deal especially with the American colonies, the
foundation of our existing colonial office.
The effect of this
confused state of affairs at home is reflected in a letter from General
Murray to the Lords of Trade, dated February 1760:
"I blush when I find
myself under the necessity of putting your lordships to the trouble of
reading so many letters when ten lines might suffice, but . . . the
total silence to every remonstance, reasoning, and report which hitherto
I have had the honour to make to your Board (from which I have not had a
letter that was not circular since the establishment of civil government
here) makes it unnecessary for me to apologise for this method of
conveying my intelligence."
It is evident that the
silence of the Ministry and the want of support under which Governor
Murray writhed had causes more deeply seated and less honourable to the
Government at home than mere confusion in the department that regulated
the affairs of the colonies. The Rockingham Ministry had come into power
in July, 1705, and their mot (TorArc was to abase or neglect all those
who were, or might be supposed to be, the nominees of Lord Rute, and in
this category Murray, as a Scot, who undoubtedly had enjoyed Rute's
approval, to say nothing of Mansfield's, who was equally taboo,
unfortunately found himself. Resides this, popularity with the people
was a desirable object, and one of the first acts of the new Ministry
was to raise to the peerage the popular Lord Chief Justice Pratt, who
had received the plaudits of the mob by releasing Wilkes, who posed as
the champion of liberty. It must not be forgotten that at this period
Mr. Thomas Walker had come to London from Canada to ape the manner of
Wilkes and style himself the " agent of the people," pouring into the
too sympathic ear of Lord Dartmouth, the newly appointed President of
the Board of Trade, false tales of Murray's " blasphemy " and
oppression. It is significant, too, that Viscount Gage, the brother of
the American commander, held a position in the Ministry. On October 18,
1765, the Lords of the Privy Council considered the case of Mr. Thomas
Walker and the civil and military discord that reigned in Canada, and in
consequence of their representations to the King the following letter,
dated October 24, 1765, was addressed to Governor Murray:
" Sir,—Divers
representations having been made to His Majesty in council of the
disorders that have lately happened and the unfortunate divisions
reigning in the pro vi ace of Quebec, where you command, I am in
consequence of the same to signify to you His Majesty's pleasure that
you do immediately prepare for your return to England, in order to give
a full and distinct account of the present state of the said province,
of the nature and causes of the disorders and divisions above mentioned,
and of your own conduct and proceedings in the administration of your
Government.
"It is, however, His
Majesty's pleasure you should not leave the province till you receive
His Majesty's further orders, and till a proper person shall be fixed on
by His Majesty Tor the government of the province during your absence. .
. ."
Quite apart from the
strong suspicion that the Rockingham Ministry were guilty of weak
concession to the pressure of public clamour of an obviously biassed
nature, it was surely impolitic thus to weaken the authority of the
Governor of Quebec at a time when it was all important that strong
government should be supported by every possible means. The immediate
effect of this mandate was to enable Walker and the recalcitrant traders
to declare that the recall of the Governor was due to their
representations, and to argue therefrom that the Government at home
viewed with favour the principles of their agitation. Such an outcome
was not only a serious incentive to the spirit of rebellion, which was
already in evidence in the neighbouring states, but it also tended to
undermine the whole structure of loyalty among the French Canadians,
which Murray had so assiduously developed. They could not but argue that
the recall of a man in whom they trusted, apparently at the behest of a
small number of British subjects, from which they had every reason to
expect injustice and oppression, indicated that the policy of the
conqueror was undergoing a change. It would even appear that Walker, who
went to England to lay his grievances in person before Lord Dartmouth,
was informed of the recall of the Governor before Murray himself:
'II am far from
doubting the recall," writes Murray to the Lords of Trade, " but I must
lament that Mr. Walker should have known it before I did, and that some
clerks of the offices should have communicated to him what he had no
right to know. I should be defective in my duties was I not to acquaint
Lord Dartmouth that Mr. Walker takes uncommon liberties with his name.
Nothing can be more ridiculous to men of sense, but in a colony
constituted as this is the mischief may be irreparable, unless a stop be
put to the mercenary agent's career. He does not hesitate to say that he
is protected by the King's servants in stirring up the people to spurn
at every ordinance and regulation made by the Governor of the province.
... I shall not, however, be deterred from doing my duty . . . the
murmurs of a few British traders residing here I must expect until I can
convince the colony that my letters are read at the Board of Trade with
as much attention as Mr. Walker's remonstrances."
Moreover, the means to
acquaint themselves of all the circumstances of the disorders which had
occurred were already in the hands of the Board of Trade. Cramahe, who
besides being Murray's secretary, was also a member of the council, had
been sent to England for the express purpose of laying before the
ministers the state of the case. Mr. Price, also a member of the
council, had been sent shortly after the great fire, which had destroyed
a considerable part of the town of Montreal,* to seek aid for the
sufferers, and he too would be in a position to give information. That
Conway, in his capacity of Secretary of State, should have signed the
letter of recall to Murray had in itself a special degree of irony, for
Conway was honest and the consistent opponent of oppression in the
American colonies. He was, moreover, a soldier, and had no sympathy with
demagogues, whether Wilkes or Walker. He had warmly denied Pitt's
general accusation against the Ministry, and declared that he at least "
had not made use of liberty to ride into employment." Indeed this parrot
cry of liberty had brought with it ill-fortune for Murray, for we have
seen that under one Ministry he had had neglect because the Westminster
mob had howled themselves hoarse for " Murray and liberty," and the sins
of the brother had been visited on him, and now for the opposite reason
" Wilkes and liberty " had a sinister effect on his career from a
Ministry anxious to conciliate the people.
It is convenient here
to anticipate events by a few months, in order to describe the outcome
of the agitation created in Canada by the disappointed British merchants
and fostered by their representatives in London. In July, 1766, the
Rockingham Ministry fell, the cause being the repeal of the American
Stamp Act, which Horace Walpole tells us was forced by the "clamour of
trade, of the merchants, and of the manufacturing towns." "Trade" saw in
the positive intention of the colonists to cease all trading until their
claims had been satisfied, an endless series of losses which to the
merchants was of more importance than any question of political loss
which might ensue from hasty legislation. This very Government, forced
by one section of trade to act unjustly to the hero of this memoir, was
forced to repeal the Stamp Act by another section, and thus to set
themselves in opposition to the King and the Court party, which promptly
commenced to plot their downfall. By July, 1766, the King had sent for
Mr. Pitt, and as Earl of Chatham a new Government had been brought
together under his leadership.
It is not relevant to
this story to dilate upon the extraordinary state of the political
world, which was at this time a chaos of individuals, each playing a
personal game and no one giving more than a passing thought to the
condition of the country, or the great interests at stake. Horace
Walpole, for all that he records his part as the Deus ex Machina, who
brought the wandering atoms together in ever changing groups, and uses
the personal pronoun with irritating frequency, makes it clear that in
such a state of ill-defined political thought it would be impossible to
find unanimity in any one party. There was in practice no Ministry and
no Opposition, for within the Ministry were opposing factions, and
without it were those who supported one section or another of the
cabinet itself; the result tended to form unstable groups, which, like
so many chemical combinations, contained the principles of explosion,
and explosion was not infrequently the result.
So far as we are
concerned with the matter immediately under consideration, Lord
Chatham's Ministry having taken into consideration the charges brought
against Murray, the following Order in Council was made on April 13,
1767:
"Upon reading this day
at the Board a report of the ] light Honourable the Lords of the
Committee of Council for hearing appeals, complaints, etc., from the
Plantations, dated 2nd of this instant, -n the following words, viz.
Your Majesty, having been pleased to refer unto this committee several
petitions in the names of the French inhabitants of Montreal in the
province of Quebec, und of several British merchants and traders in
behalf of themselves and their fellow subjects, inhabitants of the said
province, together with other papers containing matters of complaint
against the Honourable James Murray, Esquire, Your Majesty's Governor of
that province, the Lords of the Committee did sometime since cause
notice to be given to all persons concerned in personal complaints
against the said Governor Murray to attend their Lordships on this day,
and being accordingly attended by Mr. Joshua Sharpe and Mr. Turnbolt,
solicitors for the complainants, and also by Mr. Walker, who appeared as
a correspondent of some of the complainants in Canada, the said several
persons were respectively called upon to declare whether either of them
would enter into security to pay costs (which the committee thought in
justice ought to be done) in case they should fail to make good their
charges against the said Governor Murray, on a time to be fixed for
hearing the same, and they having severally refused to enter 'nto such
security, and Mr. Walker as the principal correspondent having declared
that the papers sent over from Canada were never intended to come before
the council in a judicial way, and that he had no witnesses to support
any of the charges against Governor Murray, their Lordships do agree
humbly to report to Your Majesty as their opinion that the same
petitions and complaints against the said Governor Murray should be
dismissed as groundless, scandalous, and derogatory to the honor of the
said Governor, who stood before the committee unimpeached."
Which finding the King
with the advice of the Privy Council was pleased to approve.
This document delivered
after proper inquiry throws into strange prominence another addressed on
March 27,1766, to Murray, before the Rockingham Ministry ceased to
exist.
"Sir,—This will be
delivered to you by Mr. Walker, who had the misfortune to have met with
such treatment at Montreal as is a disgrace to all government, as no
material complaint has been made against him for misconduct as a
magistrate, and as his general character is supported by the test of
very respectable people both in Canada and in London ... I am therefore
to acquaint you, Sir, that he should be immediately restored and put
into the commission of the peace. ..."
This extraordinary
document was written within a few months of Murray's letter, making a
full statement of the character of Walker referring to his "seditious
insinuations" and the "repeated complaints of his insolent overbearing
temper and the impossibility of prevailing upon any other justices to
act with him as reasons sufficient for the unanimous desire of the
council to have him dismissed from the magistracy." *
It is not possible to
avoid the suspicion that personal or political bias influenced the
officials of the Rockingham Ministry in their dealings with the
Governor. In complete disregard of his full report on the tumults
arising from the Walker case, accompanied by all the papers that had
passed, in which his opinion, and the grounds of that opinion, had been
clearly put before them, such an order as that just quoted should have
been impossible until after a complete judicial investigation; when that
took place a few months later the charges brought forward by this man
were dismissed as " groundless and scandalous." That the ministers were
little anxious to hear the evidence is made apparent from the letters
which passed between Cramahe and Murray. The first, dated January 12,
1765, written a month after his arrival in England, details his various
visits to the ministers and others:
"... Next day I went to
Lord Halifax, who received me most courteously, said he was too much
taken up at present to enter into business, but would send for me when
at leisure . . . I could get no admittance to the Secretary at War."
The second letter
available is dated August 10, though presumably there were some during
the interval The Murray to lords of Trade, June 24, 1765.
Grenville Ministry was
now out, but the new ministers were not more helpful:
"I waited upon Lord
Dartmouth, who received me with great politeness, expressed his concern
at the perplexed state of the province, and promised as soon as the
Board met to take their affairs into consideration. . . . Various are
the opinions about the present Ministry, and so many political lies are
propagated by the friends of the several parties, it is difficult to
trace the truth. ... If they do not something for us by next mail, I
shall give over all hopes of any thing being done until the session,
which probably will be a warm one."
The third letter is
dated October 12, 17C5. The writer is evidently giving up hope of
getting any attention :
"When you desired and I
undertook to come over to lay the state of the province you govern
be/ore the men in power here, we acted, I believe, from the same
principle, that of procuring happiness for the people, and of rendering
the acquisition of that country serviceable to this. That from a
concurrence of untowardly circumstances hitherto I have not been able to
succeed I most sincerely regret, but am conscious that in the whole
transaction I have discharged my duty, if not ably at least most
faithfully, and tho' the present Ministry inquire very minutely into
those affairs, yet as they do not seem to intend a speedy decision ... I
have resolved to sacrifice my own peace and quiet and stay the winter to
endeavour at obtaining a final settlement of them. . . . When the
present ministers (Rockingham) began to do business, as they could not
know much about the province, I thought it right to lay before them the
present state of it with regard to the three principal points requiring
a speedy consideration, viz. church, law, and revenue. They are very
diligent in their inquiries and seem disposed to put things on a good
footing; but either from embarrassments at home or broils abroad, as yet
they had not come to any conclusion, tho' considering the state of that
poor province, as well as that of the other American dominions, it were
much to be wished administration was firmly established, that it might
be enabled to act with vigour and despatch in the important matters now
before them. . . ."
Which remarks of
Captain Cramahe indicate an insight into the situation which it is to be
regretted was not given to " the men in power."
On June 28, 1766,
Murray sailed for England in the ship Little William, turning his back
for ever on the province he had been so closely connected with for seven
years. Shortly before leaving he received from James Oswald, then
Vice-Treasurer for Ireland, and a man whose good opinion he valued, a
letter, which no doubt gave him comfort, dated March 16, 1766:
My dear Sir,—As this
letter will be delivered by Captain Cuthbert, it is needless for me to
enter into any detail in respect to information on the state of your
affairs here which you will have more clearly and fully given you by
that gentleman himself. All I can say therefore is in general that as I
remain most firmly of opinion that nobody who has deserved so much of
the public as you have done has ever had such a torrent of malice and
faction poured out upon them as had been upon you, so I do in my
conscience believe that your own presence on the spot, which I
understand is now determined, will afford you the best opportunity of
disappointing the effects by setting your conduct in its true and proper
light. Some of your best friends have never had any proper opportunity
of either hearing or of refuting many of ye numberless calumnys which
have been so industriously circulated against your conduct. But every
friend of yours, and indeed, I believe, every man of common sense and
honor have had ye comfort of being perfectly, satisfied, that as ye
greatest part of them were either frivolous or contradictory, so many
others which had the least appearance of gravity have never yet been put
hitherto into any way of receiving a fair and equal hearing. Whatever
therefore may be the real intention of this resolution of your return to
England, I cannot but be of opinion that it must be advantageous in
respect to this opportunity of giving a fair and full hearing in
justification of a conduct which ought not to lie under the least
reproach. It would be perfectly needless in me to endeavour pointing out
any of those particulars to which you should most chiefly give your
attention on this occasion, for upon my soul I have never seen any of
them in light of deserving either attention or justification. Your own
perfect knowledge of the state of that country which you had the honor
to assist in conquering, and which you have had ye honor to govern with
such tranquility in ye most delicate circumstances, notwithstanding ye
utmost efforts of calumny and faction, will enable you to give such
information for ye service of His Majesty and of the public as will
deserve most serious attention of his ministers. It will be their duty
to lay such information before their master, and I cannot believe that
under such circumstances any man can ever be made a victim to mere
calumny and malice. Relieve me, as ever, dear Sir, your most faithfully
and affectionately, James Oswald."
There were many other
signs that his departure from Canada was deemed a misfortune to the
country, and of these I will quote from but one. A memorial to the King
from the seigneurs of Quebec, and in regard to this it should be
remembered that the Governor had by no means favoured this class at the
expense of the community, rather, in fact, he treated their claims to
lord it over the poorer classes with little sympathy, yet it is apparent
that they recognised the justness of his aims.
" Au Roy,
"Les seigneurs dans le
district de Quebec tant en leurs 110ms que pour tous les habitants leurs
Tenancicrs penetree de douleur du depart de son excellence Vhonourable
Jacques Murray, qu'ils ont depuis la conquete de cette province cheri et
respecte plus encore a cause de ses qualites personelles que comme leur
Gouverneur, se croiroient indignes de wore s'ils ne s'efforcoient de
faire connoitre a votre Majeste leur Souverain seigneur et a toute
I'Angleterre les obligations qu'ils lui ont, qu'ils n'oublieront jamais,
et les regrets sinceres qu'ils ont de son depart.
"Ses ennemis ne peuvent
aujourd'hui nous taxer de flatteurs. . . . Le Caball formee par un
certain nombre des anciens sujets a triomphe; du moins elle s'en jlutte,
et s'en rejouit; ses plaintes supposeront ete ecoutes refusera-t-on de
nous ecouter aussi, un tres petit nombre I'emportera-t-il sur le plus
grand ?
"Vhonourable J aequo,
Murray, en 1759, cntourre des Canadians quil dcvait regardcr comme ses
cnnernis, n'a eu pour eux que dp F indulgence . . . sa ge'nerosite et
ccllcs de ses qfficiers animes par son exemple, qui par les aumones
qu'ils ont repandu ont tire les peuples de la miscre dans laqucllc les
malheurs de la Guerre les avoient plongc nous ont force' de Fadmirer et
de le respecter. . . ."
The subject of their
memorial had left the country; they recognised that there was no
prospect of his return or hope of favours to come. One cannot suspect
insincerity in their words, and it is clear that the French Canadians
recognised that Murray had sacrificed his career in Canada by supporting
their cause.
It is unnecessary to
add more to show the true origin of the trouble in Canada. In the next
chapter I will give some brief proofs of the want of candour shown by
the responsible ministers in London and some few details of the events
subsequent to Murray's departure, because it is only by a consideration
of them that what Murray had done for the country emerges. The
conditions during his tenure of government were too confused to permit
the effect of his vigorous struggle against the short-sighted measures
imposed from London to come to the surface. During the period up to the
peace of Paris the people regarded Canada merely as a pawn in the game
to be used for barter at the peace. After that date the effects of the
measures ordered by the Ministry obscured the efforts of the Governor,
and when he returned to England in July, 1766, there were probably few
who believed otherwise than that another "hungry Scottish Governor" had
been tried and found wanting. In Canada James Murray's name is still
remembered with respect and gratitude, but at home there are not many
who are aware of the great work done by the first Governor of Quebec,
and of those conversant with the history of Canada I doubt not that many
give to Carleton. afterwards Lord Dorchester, credit for much that his
distinguished predecessor was entitled to. |