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Canada under British Rule 1760-1900

Chapter 2 BEGINNINGS OF BRITISH RULE. 1760-1774.

Word Count: 6210    |    Released on: 01/12/2017

the Conquest unt

c matters. It had been also stipulated at Montreal that the communities of nuns should not be disturbed in their convents; and while the same privileges were not granted by the articles of capitulation to the Jesuits, Recollets, and Sulpitians, they had every facility given to them to dispose of their property and remove to France. As a matter of fact there was practically no interference with any of the religious fraternities during the early years of British rule; and when in the course of time the Jesuits disappeared entirely from the country their estates passed by law into the possession of the government for the use of the people, while the Sulpitians were eventually allowed to continue their work and develope property which became of great value on the island of Montreal. (The French merchants

idence before us goes to show that only a few officials and seigniors ever availed themselves of this permission to leave the country. At this time there was not a single French settlement beyond Vaudreuil until the traveller reached the banks of the Detroit between Lakes Erie and Huron. A chain of forts and posts connected Montreal with the basin of the great lakes and the country watered by the Ohio, Illinois, and other tributaries of the Mississippi. The forts o

y also ravaged the border settlements of Pennsylvania and Virginia, and carried off a number of women and children to their wigwams. Fort Pitt at the confluence of the Alleghany and the Monongahela rivers-the site of the present city of Pittsburg-was in serious peril for a time, until Colonel Bouquet, a brave and skilful officer, won a signal victory over the Indians, who fled in dismay to their forest fastnesses. Pontiac failed to capture Detroit, and Bouquet followed up his first success by a direct march into the country of the Shawnees, Mingoes and Delawares, and forced them to agree to stern conditions of peace on the banks of the Muskingum. The power of the western Indians was broken for the time, and the British in 1765 took po

across the upper part of Lake Champlain, whence it passed along the highlands which divide the rivers that empty themselves into the St. Lawrence from those that flow into the sea-an absurdly defined boundary since it gave to Canada as far as Cape Rosier on the Gaspé peninsula a territory only a few miles wide. No provision whatever was made in the proclamation for the government of the country west of the Appalachian range, which was claimed by Pennsylvania, Virginia, and other colonies under the indefinite terms of their original charters, which practically gave them no western limits. Consequently the proclamation was regarded with much disfavour by the English colonists on the Atlantic coast. No provision was even made for the great territory which extended beyond Nipissing as far as the Mississippi and included the basin of the great lakes. It is easy to form the conclusion that the intention of the British government was to restrain the ambition of the old English colonies east of the Appalachian range, and to divide the immense territory to their north-west at some future and convenient time into several distinct and independent governments. No doubt the British government also found it expedient for the time being to

council, and representatives of the people for the good government of the colony, "as near as may be agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies." Until such an assembly could be called, the governor could with the advice of his council constitute courts for the trial and determination of all civil and criminal cases, "according to law and equity, and as near as may be agreeable to the laws of England," with liberty

dian Roman Catholics. Happily the governor, General Murray, was not only an able soldier, as his defence of Quebec against Lévis had proved, but also a man of statesmanlike ideas, animated by a high sense of duty and a sincere desire to do justice to the foreign people committed to his care. He refused to lend himself to the designs of the insignificant British minority, chiefly from the New England colonies, or to be guided by their advice in carrying on his government. His difficulties were lessened by the fact that the French had no conception of representative institutions in the English sense, and were quite content with any system of government that left them their language, religi

n able lawyer and constitutional writer, was in favour of a mixed system, but his views were notably influenced by his strong prejudices against Roman Catholics. The administration of the law was extremely confused until 1774, not only on account of the ignorance and incapacity of the men first sent out from England to preside over the courts, but also as a consequence of the steady determination of the majority of

the small Protestant minority of the province. Only one French Canadian appears to have been ever admitted to this executive bod

. Attorney-General Yorke and Solicitor-General De Grey in 1766 severely condemned any system that would permanently "impose new, unnecessary and arbitrary rules (especially as to the titles of land, and the mode of descent, alienation and settlement), which would tend to confound and subvert rights instead of supporting them." In 1772 and 1773 Attorney-General Thurlow and Solicitor-General Wedderburne dwelt on the necessity of dealing on principles of justice with the province of Quebec. The French Canadians, said the former, "seem to have been strictly entitled by the jus gentium to their property, as they possessed it upon the capitulation and treaty of peace, together with all its qualities and incidents by tenure or otherwise." It seemed a necessary consequence that all those laws by which that property was created, defined, and secured, must

the inhabitants from an experience of more than nine years." The government of the province was entrusted to a governor and a legislative council appointed by the crown, "inasmuch as it was inexpedient to call an assembly." The council was to be composed of not more than twenty-three residents of the province. At the same time the British parliament made special enactments for the imposition of certain customs duties "towards defraying the charges of the administration of justice and the support of the civil government of the province." All deficiencies in the revenues derived from these and other sources had to be supplied by the imperial treasury. During the passage of the act through parliament, it evoked the bitter hostility of Lord Chatham, who was then the self-constituted champion of the old colonies, who found the act most objectionable, not only because it established the Roman Catholic religion, but placed under the government of Quebec the rich territory west of the Alleghanies. Similar views were expressed by the Mayor and Council of London, but they had no effect. The king, in giving his assent, declared that the measure "was founded on the clearest principles of justice and humanity, and would have the best effect in quieting the minds and promoting the happiness of our Canadian subjects." In French Canada the act was received without any popular demonstration by the French Canadians, but the men to whom the great body of that people always looked for advice and guidance-the priests, curés, and seigniors-naturally regarded these concessions to their nationality as giving most unquestionable evidence of the considerate and liberal spirit in which the British government was determined to rule the province. They had had ever since t

s made to set fire to the town, and the king's bust was set up in one of the public squares, daubed with black, and decorated with a necklace made of potatoes, and bearing the inscription Voilà le pape du Canada & le sot Anglais. The author of this o

tial French Canadians bearing historic names. The council met on the 17th August, but was forced to adjourn on the 7th September, on account of the invasion of Canada by the troops of the Continental Congress, composed of representatives of the rebellious element of the Thirteen Colonies. In a later chapter I sh

undation of Nova

distinguished himself in American affairs during a most critical period of colonial history-the British government decided at last on a vigorous policy in the province, which seemed more than once on the point of passing out of their hands. Halifax was founded by the Honourable Edward C

ntry. These people were chiefly made up of retired military and naval officers, soldiers and sailors, gentlemen, mechanics, farmers-far too few-and some Swiss, who were extremely industrious and useful. On the whole, they were not the best colonists to build up a prosperous industrial community. The government gave the settlers large inducements in the shape of free grants of land, and practically supported

and large addition of people who were induced to leave Massachusetts and other colonies of New England and settle in townships of the present counties of Annapolis, King's, Hants, Queen's, Yarmouth, Cumberlan

meadows, raised above the sea, which richly rewarded the industrious cultivator. The historian, Haliburton, describes the melancholy scene that met the eyes of the new settlers when they reached, in 1760, the old homes of the Acadians at Mines. They came across a few straggling families of Acadians who "had eaten no bread for years, and had subsisted on vegetables, fish, and the more hardy part of the cattle that had survive

Mayflower" in 1620. Governor Lawrence recognized the necessity of having a sturdy class of settlers, accustomed to the climatic conditions and to agricultural labour in America, and it was through his strenuous efforts that these immigrants were brough

s Irish, 1946 as Germans, and 1265 as Acadian French, the latter being probably a low estimate. Some of these Irish emigrated directly from the north of Ireland, and were Presbyterians. They were brought out by one Alexander McNutt, who did much for the work of

ictou, where a very few American colonists from Philadelphia had preceded them. In later years a steady tide of Scotch population flowed into eastern Nova Scotia and did not cease until 1820. Gaelic is still the dominant tongue in the eastern co

administration of public affairs. The governor had a right to appoint a council of twelve persons-as we have already seen, he did so immediately-and to summon a general assembly "according to the usage of the rest of our colonies and plantations in America." He was, "with the advice and consent" of the council and assembly, "to make, constitute and ordain laws" for the good government of the province. During nine years the governor-in-council carried on the government without an

n, of whom we know nothing else, was chosen as the first speaker, but he held his office for only one session, and was succeeded by William Nesbitt, who presided over the house for many years. The first sittings of the leg

island were proposed as soon as the surveys were in progress. The most notable suggestion was made by the Earl of Egmont, first lord of the admiralty; he proposed the division of the island into baronies, each with a castle or stronghold under a feudal lord, subject to himself as lord paramount, under the customs of the feudal system of Europe. The imperial authorities rejected this scheme, but at the same time they adopted one which was as unwise as that of the noble earl. The whole island, with the exception of certain small reservations and royalties, was given away by lottery in a single day to officers of the army and navy who had served in the preceding war, and to other persons who were ambitious to be great landowners, on the easy condition of paying certain quit-rents-a condition constantly broken. This ill-ad

rry out certain small public works and improvements. In the first session of the legislature a joint committee of the council and assembly chose the town officers for Halifax. We have abundant evidence that at this time the authorities viewed with disfavour any attempt to esta

urts of the same name in England; courts of common pleas, formed on the practice of New England and the mother country, and a supreme court, court of assize and general gaol delivery, composed of a chief justice and two assistant judges. The governor

of the Treaty of Paris, in the old British colonies on the Atlantic seaboard, and ended in the acknowledgement of their ind

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