In the last chapter I
have dealt with the effect of the orders imposed on the Governor of
Quebec by the successive ministries which dealt with the colonies from
1763 to 1766. Let us now briefly review the intentions contained in
those orders and expose the pitiful attempts made to shift the blame of
their failure.
The following extract
from a report by the Board of Trade, dated October 4, 1763, in obedience
to Lord Egremont's orders of the previous July, gives a valuable
starting-point:
"And as we conceive
that it is Your Majesty's royal intention that the form and constitution
of government in these new colonies should be as near as may be similar
to what has been established in those colonies which are under Your
Majesty's immediate government, we have therefore prepared the
commission accordingly."
Lord Hillsborough was
at this time President of tlie Board. At approximately the same date
Lord Egremont (Secretary of State), who was in close touch with
Hillsborough. had written to Murray f (August 13, 1703):
"The necessary
commission and instructions for you are preparing by the Board of Trade,
and will contain very full directions not only with regard to the form
of government but to your conduct in every particular. The condition
expressed in the same article (fourth of the Treaty of Paris) must
always be remembered, viz. as far as the laws of Great Britain permit,
whieh laws prohibit, absolutely all Popish hierarchy, and can only admit
a toleration of the exercise of that religion. These laws must be your
guide."
In view of these
intentions and instructions the limitations placed on the action of the
Governor are too obvious to need further comment. Yet on March 6, 1768,
Lord Hillsborough wrote to Carleton, who succeeded Murray:
"I had the honour to
serve at the Board of Trade in the year 1763, when His Majesty was
pleased to publish His Royal Proclamation, and whatever the legal sense
conveyed by the words of that Proclamation may be, I certainly know what
was the intention ; and I can take upon me to aver that it never entered
our idea to overturn the laws and customs of Canada with regard to
property. It was most unfortunate that weak, ignorant, and interested
men were sent over to carry the Proclamation into execution, who
expounded it in the most absurd manner, oppressive and cruel to the last
degree, and entirely contrary to the royal intention. The distance of
the colony and the differences of opinion occasioned by various causes
have prevented as yet the necessary measures being taken to correct this
original and fatal mistake."
This letter appears to
me to be disingenuous. With the legal sense of a Proclamation drafted by
himself, Lord Hillsborough surely should have been well acquainted. With
its defects, its difficulties, and its hardships on the Canadians,
Murray had repeatedly apprised the Board and been unable to obtain any
instructions. With its inteipretation by "weak, ignorant, and interested
men," the Government, of which Lord Hillsborough was a member, having
appointed these men was alone responsible. The Governor had stated their
incapacity in the most emphatic terms:
"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."
Finally, as Lord
Hillsborough must have well known, property, to which alone he refers,
was not the rock on which the Government of Canada split, but religion,
laws, and oppression by a military caste uncontrolled by the Governor ;
and with regard to all these, the clear and definite orders of the
central authority admitted of no misinterpretation and allowed no
latitude to the Governor appointed to carry them out.
The only reference to
property in the Proclamation ordered that it should be granted on the
same 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." No other terms or
conditions were ever referred to the Governor, though a full report of
the French customs had been received from him, and the French customs
had been continued until the appointment of law officers with orders to
impose English law.
Apart from published
documents, such as those just quoted, it is possible to learn a good
deal from others which were not finally published in the form originally
conceived, and to judge from them the spirit which animated the Board of
Trade when dealing with the troubles of their own creation in Canada.
The necessity for finding a scapegoat, a necessity common to all weak
and confused bureaucracies, is evident from the following, which formed
the preamble of a long document prepared by Lord Dartmouth in June,
17G6, intended to be issued by the Privy Council on the amendments
necessary to the constitution in Canada:
"Whereas it hath been
found upon a mature consideration in our Privy Council of the provisions
made for the administration of justice, both civil and criminal, within
our province of Quebec, that not only the ordinances enacted and
published by you (Governor Murray) for that purpose are ill themselves
inadequate and imperfect, but also that the mode of administering
justice under them In a language unknown to the native inhabitants of
our said province and upon principles inconsistent with their ancient
usages and customs, hath created great uneasiness and discontent in the
minds of our Canadian subjects there, and whereas it hath been further
represented to us that our royal intentions in respect of the form of
government and judicature have been misrepresented and misunderstood,
and that the said Canadian subjects in consequence of certain
unreasonable and unwarrantable constructions put upon our royal
proclamation of October 7, 1763, have been excluded not only from,
juries of the several courts or being admitted to practice at the Bar. .
. ." *
It is sufficient to
remark regarding this that the ordinances drawn up by the council of
Quebec, under the guidance of the attorney-general appointed from home,
were regularly submitted according to law for the approval of His
Majesty in council. And if these were inadequate and imperfect, it is
remarkable that they were not condemned as such at the time of their
issue.
The principal
ordinance, that dealing with the creation of Courts of Justice, reached
England before the end of 1761, yet no question was raised regarding it
for more than a year afterwards.
That the persons
selected to preside in the Courts of Justice were ignorant of the French
language was a misfortune which the Governor had already pointed out to
the ministers, and that the principles upon which the laws were
administered were opposed to the ancient usages of the French, arose of
course from the base note of the Proclamation, which ordered that the
laws, statutes, and ordinances should be as near as may be agreeable to
the laws of England, and the lawyers sent from England to administer
these were acquainted with English laws only.
It is hardly necessary
to deal further with a document conceived in such a petty spirit of
ignorance and rancour. Fortunately, before it could come before the
Privy Council the Rockingham Government had ceased to exist, and in
August, 1767, the Lords of the Committee of the Privy Council; having
taken the proposed "draught of instructions" into their consideration,
were of opinion the Lords of the committee decided to take no action but
to refer the proposed reforms for opinion of the law officers in Canada.
"that the same is so
general and so unsupported by any specific or particular proof of any
grievances in the judicature to which any particular and effectual
reform or remedy can be applied (except what has already been done),3
and especially since the return of Governor Murray no governor or locum
tenens or any of Your Majesty's law officers have represented in this
connection any grievances (which they would have done if any existed) .
. . "
One of the principal
objections raised in England by the ministers, to the justice dealt out
in Canada, was the action taken by an ordinance which decreed that
juries might be summoned from the province at large, for at the time it
was strongly suspected that an unbiassed jury could not be obtained in
Montreal alone. The Board of Trade held this to be illegal, but the
action of the Governor and his council was fully justified on a
reference to the law officers, who were of opinion " that the Governor
of Quebec is fully authorised and impowered by his commission and
instructions to appoint Courts of Oyer and Terminer within all the
districts of that province." § When Governor Carleton, having reversed
this ordinance, attempted to hold the fresh trial of the Walker case by
a Montreal jury, he found good reason to understand the wisdom of
Murray's action.
It was unfortunately
not given to Murray to see the effects of his efforts. Lord Halifax had
curtly informed him that the separate militarv control, which, as we
have seen, was productive of such serious disorders, must continue, yet
his successor, Carleton, arrived with full military powers and the rank
of brigadier commanding the troops in Canada, and the address of welcome
presented to him by the council congratulated him on " the military
command united to the civil in your person," while the inhabitants of
the city and district of Quebec congratulated him on taking up " the
chief command of this province, the military as well as civil." These
two extracts being sufficient to show the importance attached to the
subject by the people concerned, and to emphasize the disability under
which Governor Murray was forced to suffer.
The exclusion of
Catholics from the courts had been a frequent theme of Murray's letters.
It was on the very day of his departure that the revised instructions,
permitting Catholics to practice in the courts and to serve on juries,
was received in Canada.4 Even in this case the
attempt was made to transfer the onus of blame for the narrow spirit of
the original instructions.
The incapacity of the
chief justice and several other officials had been reported by the
Governor without effeet for two years, but his successor was fortunate
in commencing his career with men in the chief positions of the law of
very different capacity to those first appointed. In February, 1766,
Messrs. Gregory and Suckling were dismissed by the royal command, and
William Hey appointed as Chief Justice, and Francis Mascres as
Attorney-General. The latter, at least, was of exceptional ability, and
the Chief Justiee was of respectable talents.
Early in 1766 Francis
Maseres had submitted a memorandum on the expediency of procuring an Act
of Parliament for the settlement of the province of Quebec, which is
distinguishable by its moderate tone and breadth of view from the
intemperate writings of the responsible ministers:
"The difficulties that
have arisen in the Government of the province of Quebec, and which are
likely still to occur in it, notwithstanding the best intentions of
those who are instructed by His Majesty with the administration of
affairs there, arc so many and so great that the officers whom His
Majesty has been pleased of late to nominate to the principal
departments of that Government cannot look upon them without great
uneasiness and apprehension and despair of being able to overcome them
without the assistance of an Act of Parliament to ground and justify
their proceedings. Two nations are to be kept m peace and harmony, and
moulded as it were into one, that are at present of opposite religions,
ignorant of each others language, and inclined in their affections to
different systems of laws."
He then goes on to
point out that the Governor's commission, empowering him to call a
general assembly, in reality aggravated the animosity between the old
and the new subjects:
"For it is expressly
provided that no person elected to serve in such an assembly shall sit
and vote there till he has subscribed the declaration against Popery
prescribed by the Statute 23 Car. 2. Which would effectually exclude all
Canadians "
This plain statement of
facts contradicted very directly the attempt made by Lords Hillsborough
and Dartmouth to lay the blame of misinterpretation of the commission on
the Governor and his advisors. Maseres brings out in the clearest way
the necessity for toleration of the Catholic religion, not only in the
form of worship, but also in the practical sense of allowing the
adherents of this religion equal rights in all respects with their
fellow subjects.
Regarding the
settlement of the pregnant question of laws he advocated an Act of
Parliament, delegating to the Governor and council the power to make
laws founded on the basis of including such part of the French code as
they should find suitable, and thus substituting the authority of the
King and Parliament for the royal and absolute government which existed
in the first proclamation.
"The doctrine of the
instant validity of the whole mass of the laws of England throughout the
conquered province cannot be true. And if the whole system of those laws
is not valid there, then certainly no part of them can be so. For if
they are, then who shall distinguish which of them are valid and which
are not." Thus he says, "The Parliament only have a power to make laws .
. . notwithstanding that such a power may inadvertently have been
delegated by a private instruction of the King alone."
He next refers to the
low state of the revenue, and touches on the dangerous subject of
imposing a tax to make up the deficiency of the official salaries,
which, he says, would be properly imposed by Parliament. In this
connection some interesting and instructive remarks are made. Referring
to the recent taxation troubles in the American colonies:
"The other American
colonies have internal legislatures of their own, who have been
permitted ever since their first establishment to be the assessors of
all their internal taxes ; and as they had not abused this privilege
with which they had been so long indulged, and further, as their
exercising this privilege seemed to be in no way prejudicial to the 31
other Country, it seems to have been a harsh and ungracious measure in
the Parliament, by the advice of the late minister, to revive and exert
a dormant and inherent right of taxing them. . . . But the Canadians
have no such internal legislature, no such usuage of taxing themselves
by representatives of their own choosing. Unless, therefore, they have
the singular privilege of not being liable to be taxed at all, they must
be liable to be taxed either by the King alone or by the King and
Parliament. As to the erecting an assembly in that province, it is a
measure which probably for some years will not be found expedient."
And he goes on to point
out that if the qualifications as regards Popery are maintained :
"An assembly so
constituted might pretend to be a representative of the people there,
but in truth it would be representative of only the 000 new English
settlers, and an instrument in their hands of domineering over the
90,000 French. ..."
The decision is
mentioned above of the Lords of the Committee of the Privy Council to
refer Lord Dartmouth's proposals for amendment in the system of
judicature to the Governor and his legal advisers for opinion. By the
tenor of the instructions the Governor, the Chief Justice, and the
Canadian Attorney-General, were to advise on the subjects referred, and
the sequel was remarkable. A draught reply was prepared, evidently by
Francis Maseres, which Carleton refused to approve of. The document is
given in full in Short and Doughty's work on the Constitutional
Documents of Canada; but Maseres' views, supported by clear and logical
argument, were so complete a vindication of Murray's policy and so
stultified the action of those ministers who had sought to condemn him,
that I greatly regret its length prohibits reproduction here.
It is a frank document,
the sole work of Francis Maseres, and it does honour to his independence
and honesty. It confounds at once the factious and petty spirits of
Lords Dartmouth and Hillsborough, who would have laid on Murray's
shoulders the burden of the careless ignorance with which the original
constitutional documents were drawn up. In this connection at a later
date (] 774) the Advocate-General of England remarked:
"It should seem as if
this Proclamation {i.e. that relating to Canada) had been copied
inadvertently, and in the hurry of office, from some former Proclamation
relative to Nova Scotia or some other unsettled British colony, and that
the reflection never entered the thoughts of the drawers up of this
Proclamation that Canada was a conquered province, full of inhabitants
and already in the possession of a legal establishment."
The whole of Maseres'
document is a scathing indictment of the responsible ministers, and in
some parts might almost serve for a Junius letter of admonition to the
King. It was certainly a triumphant vindication of Murray's action,
though strangely enough no mention is made of that part of the ordinance
issued on his responsibility, which permitted Canadian advocates to
practice in the Courts of Common Pleas, and thus forestalled a part of
the reform recommended.
It is, nevertheless,
quite certain that Carleton was not the man to forward such a report,
and we are informed that:
"The foregoing draught
of a report, which was prepared by Francis Maseres, Esquire, his
Majesty's Attorney-General of the province of Quebec, by order of Guy
Carleton, Esquire, the Governor of the said province, was delivered in
to the said Governor on the 27th day of February, 1769, but had not the
good fortune to be approved by his excellency. Another report was
therefore drawn up by other hands agreeable to the Governor's
sentiments, in which his Excellency has omitted the consideration of all
public acts and instruments, whereby the English law has been
introduced, or attempted to be introduced, into that province, together
with some other matters contained in the foregoing report. . . ."
It would be tedious,
and for the purposes of this work unnecessary, to follow further the
long debate on the proposals to amend the constitution of Canada, which
in its original conception has been shown to have lacked almost every
element of statesmanship and forethought. This debate constantly varied
in the view taken, dependent principally whether the exponents, as
Hillsborough and Dartmouth had a share in the original responsibility,
or whether fresh and independent minds as Maseres and Marriott,
Wedderburn or Thurloe were in possession. It suffices from my point of
view to make it clear that in all that followed, culminating in the
passing of the Quebec Act of 1771, the advice and opinions given by
Murray during his tenure of Governorship very largely found place in
the. new constitution. The territories formerly excluded by Lord
Shelburne were now included in the "Province of Quebec," and not only
this, but a vast additional area was added, showing how completely the
old views had changed. A frank admission of the unsuitable nature of the
early constitution was made, and it was declared as a result of
experience " to be inapplicable to the state and circumstance of the
said province, the inhabitants whereof amounted at the conquest to above
sixty-five thousand persons professing the religion of the Church of
Rome." From which it would almost appear that the frequent references to
the vast preponderance of the French population, which so often occurred
in Murray's letters, had but recently sunk into the minds of the
ministers; the Romish clergy were permitted to demand their accustomed
dues and rights; the oath of supremacy was abolished, and an oath of
allegiance, not repugnant to the Catholic conscience, was substituted;
property to be held in accordance with the laws of Canada; the English
criminal law, which was held as more lenient than that of the French, to
be maintained; a council, without religious hindrance as to election, to
control the affairs of the province, subject to the consent of the
Governor, but without the power of taxation. Thus the decision of Murray
that the province was not yet ripe for representative government was
upheld. Against this Lord Chatham had entered a warm protest. He styled
it:
"A most cruel,
oppressive, and odious measure, tearing up justice and every good
principle by the roots. . . . The merely supposing that the Canadians
would not be able to feel the good effects of law and freedom, because
they had been used to arbitrary power, was an idea as ridiculous as
false. . . ."
But Chatham was wrong,
for the Canadians set no store by representative government, the
movement to this end was entirely on the part of the new settlers ; as
Murray had pointed out, the Canadians desired full religious liberty and
permanent rights of property under their ancient charters, and both
these were conceded and sufficed for the time. With the British traders
and settlers, however, it was otherwise, and they had, or at least
pretended to have, a grievance that the promise of representative
government was withheld.
The King's ministers of
the mid-eighteenth century appear to have been dogged by a fatal
inability to view their measures with that degree of detachment from
personal prejudice which could alone create enduring provisions. It was
not that sound advice was lacking, but it did not suffice to keep them
from extreme views, which, in their want of stability, possessed an
additional fault. Leaving out of question the Acts relating to the
American colonies, the passings, repealings, repressions, conciliations,
with which this book is little concerned, we have in the Acts relating
to Canada a concrete example sufficient to prove the case. In 1763-64
measures designed to place the power unreservedly in the hands of the
British settlers, in 1773 -74 measures designed to do precisely the
reverse. Between these two, experienced men, like Murray and Maseres,
urging a happy medium, and their advice falling on deaf ears. One of
them, Maseres, driven to perhaps too warm an espousal of the cause of
the traders ; the other driven from office for refusing to allow the
French Canadians to be destroyed. The Quebec Act contained much that
Murray had striven for; but had his advice been followed and an
equitable weighing of French and English codes been decreed, that
unfortunate cleavage between the French and English settlers which
exists to this day would long since have been healed. When, in 1774, the
Quebec Act was in its final stages in the House of Commons, undergoing
violent, ill-considered attack from one party and equally ill-considered
support from the other, it was moved that General Murray should be
called as a witness. Lord North objected, for it was known that his
opinions agreed in many respects with those of Masseres, who had already
been examined, and the Government feared the effect that such an
opinion, given by a man of Murray's intimate experience, would have on
the House.5 A few months later Dartmouth, the
former supporter of the British minority in Canada, was condemning the
movement for the repeal of the Act, as the unreasonable desire of the
few to destroy the happiness of 100,000 French Canadians!
The name of Governor
Carleton is probably much more generally connected with this enlargement
of the liberties of the Canadian subjects than is that of James Murray.
Certainly this is the case among English subjects; but I think I am
justified in stating that the French Canadians recognise, in the efforts
of the latter, the true origin of their Magna Charta. He had more than
once urged the necessity of framing more solid instructions for
government,^ and it was a result of his initiation that the matter was
first considered by the chancellor, Lord Northington, who entirely
disapproved of the views on the subject expressed by the
government-attorney and solicitor-general. It is the case that the fall
of the Rockingham Ministry, which had shown itself so unjust in its
action regarding Canadian affairs, was brought about by this very matt
er of which the initiation may be fairly held to be due to Murray. The
incident is referred to in Campbell's life of Lord Northing-ton. It
appears that after his condemnation of the procedure proposed, the
Cabinet, without consulting him. decided on sending the papers to
Carleton for report (July, 1700). When Northington heard of this action
of the Cabinet, it is said he remarked, " By God, they shall never meet
again," and going straight to the King recommended him to send for Mr.
Pitt. His Majesty, glad of an excuse to get, rid of the Ministry that
had repealed the Stamp Act against his wishes, was ready to accede.
Probably Murray knew nothing of this. It would Lave been a sweet revenge
if he had !
We have seen the
reiterated statements of the necessity for removing the religious
disabilities made by Murray, and his consistent efforts to checkmate the
usurpatory endeavours of the mercantile community of old subjects, and
it is remarkable bow completely his foresight enabled him to gauge a
state of affairs which, after ten years, was crystallised by the Act. It
is also curious to note that the same .British traders, led by our
former acquaintance, Mr. Thomas Walker, displayed the same turbulence in
1774 as in 1764, and one wonders whether Lord Dartmouth, on receipt of
Carleton's letter of November 11, 1774, stating that this man was now
taking the lead, apparently in seditious communication with the illegal
congress of the United colonies, in opposing the new measures,
remembered the offensive letter to Murray of March 27, 1766, ordering
his immediate restoration as a justice of the peace {see p. 347).
Carleton was in truth a
politician, and as such had the advantage of Murray, whose blunt
independence secured for him little support from the King's ministers.
It was enough for Murray to believe that his honour and justice required
a certain line of conduct, and he was indifferent whether the politics
of the hour in London lent countenance to his action or not. Carleton,
on the other hand, may have conceived his duties in a different sense;
let us give him the benefit of the doubt. Perhaps he argued that he was
a representative of the King to carry out the wishes of the King's
Government. Thus when the " good " Lord Dartmouth positively ordered
further prosecution of the Walker fiasco, in order to placate the
British traders, Carleton and his fidus Achates, the chief justice, lent
themselves with vigour to the scheme, and on the doubtful evidence of a
discharged soldier arrested six gentlemen, all friends of Murray, on a
trumped-up charge of being concerned in the attack on Walker.
Fortunately, as Murray predicted, the grand jury selected in Montreal
would have nothing to do with evidence produced by so untrustworthy a
person as Walker, and refused to bring a bill against the accused, and
the whole affair fizzled out miserably with threats of a charge of
perjury against Walker. Nevertheless Carleton found opportunity to
dismiss Colonel Irvine and Surgeon Mabane from their seats on the
council, ostensibly, at all events, because they had headed a deputation
to secure bail for the accused in this ridiculous trial. Actually, I am
afraid, this indignity was inflicted because they were Murray's friends
and nominees.
Again, when the policy
at home favoured conciliation of the Canadians and a repudiation of the
promises to the British settlers, Carleton is the subservient instrument
of the Ministry for the introduction of the Quebec, Act, and is ready to
throw over his former friend Maseres, whom he reasonably suspected of
strong leanings towards a much wider view than that which met approval
at Westminster.
It is impossible to
peruse the voluminous records without concluding that Carleton was
anxious to make favour with the ministers who had appointed him, by
placing Murray's actions in the least favourable light. It is not
necessary to refer to this in detail except regarding one action, which
drew forth a spirited protest from the Governor, who at the time was
still, at least nominally, in chief charge of the province. The occasion
was an ordinance published by Carleton, couched in what reads as very
pharisaical language, and to this Murray replied publicly in a signed
letter to Lloyd's Evening Post, of January 2-5, 1767.
"Sir,—In your paper of
the 26th ult. I saw a paragraph, the consequence of an advertisement
inserted in the Quebec Gazette, November 7th, 1766, in the following
words:
"Whereas the numerous
fees which the inhabitants of this province have been obliged to pay
have been found very burthensomc and inconvenient to the said
inhabitants in the low and distressed condition to which many of them
have been reduced by the late wars, the public is hereby given to
understand that Lieut.-Governor Carleton has resolved to release and
relinquish during the tune he shall continue in the government of the
province, and doth hereby release and relinquish all the fees that may
be due to himself by virtue of the commission or powers with which it
has pleased His Majesty to invest him, excepting only the fees due from
vintners and other publicans for licenses to keep public-houses, which
fees shall continue to be paid. And the said Lieut.-Governor further
declares that the money arising from these fees last mentioned shall not
be appropriated to his private use, but shall be paid into the hands of
the Receiver-General of His Majesty's Revenue in this province and
considered as a part of the revenue and accounted for accordingly.
"Every person who reads
the above advertisement must draw from it two conclusions : first, that
the fees established in the province of Quebec were burthensome and
oppressive; secondly, that these fees had yielded a considerable
revenue, and in particular that the fees levied upon vintners had
formerly been applied not to the public use but to that of the Governor.
"Upon this supposition
the above advertisement would no doubt reflect honour upon
Lieut.-Governor Carleton, and mark at the same time the Governor with
blame and reproach.
"It has never been, nor
ever shall be, my practice to take notice of anonymous abuse; but where
anything is signed which may be construed an imputation on my conduct, I
shall always think it my duty to give a fair account of the matter to my
country, and I desire nothing more earnestly than that every particular
of it may be canvassed to the bottom, as I flatter myself the strictest
scrutiny will do me honour. (Here follows a list of eleven fees known as
Governor's fees.)
The above is a list of
all the fees the Governor of Quebec can claim, and it is to be remarked
that little can arise from the patents for lands, as all the valuable
lands in the province were granted before the conquest by us. That as
little can arise from the licenses of marriage, letters of
administration, probate of wills, and licenses to purchase lands of the
Indians. There are not, perhaps, 400 English families in the province.
The Canadians take no licenses for marriage, make no wills that are
subject to Governor's fees, have no need for letters of administration,
nor is it allowed to purchase lands of the Indians, and as not more than
thirty ships in one year come from Europe, very few from the other
colonies, and rarely above two or three from the West Indies, the
navigation being shut up six months a year, the great revenue to the
Governor must proceed from certificates to go beyond the seas.
"Had I taken fees for
these certificates the amount must have been very considerable, not less
than £4000, as the Canadians were obliged to send them to France
relative to their paper money and other affairs which were very
numerous, but I never took myself, nor permitted my secretary to take,
any fees from any man on any account whatever during the military
government, whieh lasted five years, and the amount of all the fees I
have taken since the establishment of civil government does not exceed
£65 sterling.
"The fees for licensing
public-houses for two years last past amounted to about £450 sterling,
and the ordinance published November 3, 1764, which established the said
fees, declares and enacts that they are to be appropriated to the public
use and accounted for as part of the revenue to the Government.
"This being a true
state of the case, the public may judge of the propriety of
Lieut.-Governor Carleton's advertisement above recited.—Signed, James
Murray, Governor of the Province of Quebec.
Carleton's reputation
would have stood higher if he had avoided this and other methods of
traducing his predecessor. It is a method not infrequently exercised
by-people of small minds to endeavour to influence careless superiors by
sneers at alleged shortcomings of predecessors in office, and such a
method is the more reprehensible that those traduced are seldom in a
position to hear of the allegations, or to refute them. Carleton and
Murray had been in antagonism daring the Quebec campaign, but I rejoice
to think that in Murray there was no sign of that petty spirit that
would seek to gain a secret advantage, even in such a ease as his
virtual supersession by a man he did not like. Murray's reply to the
address of farewell from his council, already referred to, shows the
high standard of honour at which he aimed :
"At leaving a country I
sincerely love, it gives me pleasure to inform you, from my personal
knowledge of the gentleman His Majesty has appointed
lieutenant-governor, that he is disposed and qualified to render the
province happy. I am sure he will find the same assistance from you
which I have met with, and hope his Government will not be disturbed by
resentments against the authors of the unjust calumnies which have been
raised against me."
It is not possible to
read Carleton's letters and despatches without recognising that he was a
good soldier and a firm, if arbitrary, ruler. I doubt if he ever
commanded the sympathy of the Canadians in the same sense that Murray
did, but he followed him in his conciliatory method of dealing with
them. To Barre, Lord Shelburne, and Lord Chatham (whose eldest son was
consigned to his care at a later date in Canada) he probably owed much,
but he was without early interest and pushed his way on his own merit,
doing well for his country. Had he given credit to the self-sacrificing
efforts of his predecessor, on which his own fortunes were built, the
future Lord Dorchester would surely have gained further honour.
It is incontestable
that Murray had acquired an extraordinary influence with the Canadians.
With the quickness of perception, due to their French origin, they had
grasped the fact of the Governor's genuine sympathy, and there is no
doubt in the troubled time yet to come they would have rallied around
him to a man. In February , 1766, shortly after his departure, he was
able to write to Conway, then Secretary of State, referring to the Stamp
Act: "His Majesty's subjects in this province have not followed the
example of the neighbouring colonies, but have cheerfully submitted to
the authority of the British Legislature." In August of the same year,
after his return to England, he wrote to Lord Shelburne:
"As the council books
of the province and likewise my answer to the complaint made against my
administration have been laid before your lordship, it is needless, I
presume, to say anything further on that subject than that I glory in
having been accused of warmth and firmness in protecting the King's
Canadian subjects, and of doing the utmost in my power to gain to my
royal master the affection of that brave, hardy people, whose
emigration, if ever it should happen, will be an irreparable loss to
this empire, to prevent which I declare to your lordship I would
cheerfully submit to greater calamities and indignities, if greater can
be devised, than hitherto I have undergone."
With this expression of
his sentiments I will quit this part of the subject, trusting that I
have shown that Murray was sacrificed to the whim of an unstable and
narrow-minded political caucus, who were quite unfitted to see the
wisdom of his policy or to supprt him in his vigorous efforts to lay a
sure foundation for what has now become the greatest dominion of the
British Crown. As he said himself:
"I am persuaded I
shall, unheard, be made a sacrifice of, to convince the mob, that the
present administration have no connection with Lord Bute. ... If the
uprightness of my conduct will not justify me, why should I trouble my
friends ? If the times are so corrupt that virtue must retire, I choose
to enjoy their caresses n a private corner. So here I impatiently wait a
dismission which will do me honour or a justification which will
confound my enemies, those of His Majesty's government and of human
society."
His government and his
efforts can claim, at the least, the preservation of the Canadian
population, the abolition of religious disability, and the grant of laws
of inheritance acceptable to the vast majority of the people, and
finally that measure of trust and subordination of the Canadians which
went far to retain the province for England, and which might, under
better support from home, have even preserved America from the War of
Independence. |