Canada under British Rule 1760-1900 eBook

This eBook from the Gutenberg Project consists of approximately 395 pages of information about Canada under British Rule 1760-1900.

Canada under British Rule 1760-1900 eBook

This eBook from the Gutenberg Project consists of approximately 395 pages of information about Canada under British Rule 1760-1900.

For ten years the government of Canada was in a very unsatisfactory condition, while the British ministry was all the while worried with the condition of things in the old colonies, then in a revolutionary ferment.  The Protestant minority continued to clamour for an assembly, and a mixed system of French and English law, in case it was not possible to establish the latter in its entirety.  Attorney-General Maseres, an 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 French Canadians to ignore laws to which they had naturally an insuperable objection.  In fact, the condition of things became practically chaotic.  It might have been much worse had not General Murray, at first, and Sir Guy Carleton, at a later time, endeavoured, so far as lay in their power, to mitigate the hardships to which the people were subject by being forced to observe laws of which they were entirely ignorant.

At this time the governor-general was advised by an executive council, composed of officials and some other persons chosen from the small Protestant minority of the province.  Only one French Canadian appears to have been ever admitted to this executive body.  The English residents ignored the French as far as possible, and made the most unwarrantable claims to rule the whole province.

A close study of official documents from 1764 until 1774 goes to show that all this while the British government was influenced by an anxious desire to show every justice to French Canada, and to adopt a system of government most conducive to its best interests In 1767 Lord Shelburne wrote to Sir Guy Carleton that “the improvement of the civil constitution of the province was under their most serious consideration.”  They were desirous of obtaining all information “which can tend to elucidate how far it is practicable and expedient to blend the English with the French laws, in order to form such a system as shall be at once equitable and convenient for His Majesty’s old and new subjects.”  From time to time the points at issue were referred to the law officers of the crown for their opinion, so anxious was the government to come to a just conclusion.  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

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Canada under British Rule 1760-1900 from Project Gutenberg. Public domain.