considered especially noteworthy on account of the dependence the home administrations placed on him, and his great influence in the moulding of the Quebec Act. We have seen that he had the advantage of Murray in coming to the government en rapport with the home administration; and so far as appears this perfect agreement and confidence was maintained down till the last year of his rule (when personal difficulties arose between himself and the Secretary of State, Lord Germaine). The following of the course of events leaves with us the conviction that the colonial office depended on Carleton for practically all its instruction on Canadian matters, and that all its steps were guided by his recommendations. There have been more successful officials in English colonial history, but never one more thoroughly trusted. His military services in 1775 were confounded with his civil ones apparently, and he retired from Canada with the reputation of a master in all that concerned it. Accordingly we find that when in 1786 its affairs seemed to be again approaching a crisis which could not be neglected, he was sent out, invested with the new dignity of a peerage, to steer the ship of state through the troubled waters of another change of constitution. B. The Imperial Office. With regard to Imperial policy I shall first notice for a moment the general attitude of the successive home executives toward the political parties (or more accurately, the different races), in the province. This is an enquiry that will be resumed later in the attempt to determine how far the Quebec Act was in accordance with previous measures, and how far dictated by the supposed emergencies connected with the threatening stand of the other colonies. Just now I confine myself to general expressions of policy, contained in regular and confidential communications with the provincial administration; communications which as of a strictly private nature and made to the officials in the full confidence of the home government, I can find no reason for taking at anything but their face value. At the outset it may be said that in small matters as in great the correspondence is of a nature to impress us strongly with the justice and humanity, if not with the far-sightedness, of the views entertained and advocated by one and all of the various secretaries in charge of the colonial department. The utmost attention is given to every symptom of discontent on the part of the people and the attachment of them by conciliatory and just treatment is constantly urged. Notwithstanding the energy of the English-speaking element in the colony in making themselves heard both there and at home, the authorities seem never to have lost sight of the fact that Canada was French and likely to remain French. Early in the period the minister writes that dutiful behaviour will secure the French Canadians all the benefits of British government; and that these were not empty words is shewn by the instructions sent out in regard to the judiciary ordinance of September 17, 1764, as we gather them from the wording of the amending ordinance of July 1st, 1766. The preamble of the latter states that his Majesty has signified by an additional instruction "that the welfare and happiness of his loving subjects in this province do require that the said ordinance should be altered and amended in several provisions of it which tend to restrain his Canadian subjects in the privileges they are entitled to enjoy in common with his natural-born subjects;" and it is accordingly enacted that Canadians shall be admitted equally with British-born on all juries and to the legal profession. In the following year the state of the provincial judiciary was taken up more seriously, and we get very important indications of the way in which the matter was viewed at See Carleton to Shelborne, Nov. 25, 1767, Rep. Can. Arch., 1888, p. 42; also Cramahé to Dartmouth, December, 1773. (Can. Arch., Q. 10, p. 22.) See also debate in Commons on Quebec Act, 1774, for position taken by both government and opposition that the French Canadians must be the first consideration. 2 For Ordinances see Can. Arch., Q. 5. home, from the minutes of the Privy Council meeting of August 28, 1767.' It was resolved that the government officials in the province should be instructed to report on the existing defects, and "whether the Canadians in particular are, or think themselves aggrieved according to the present administration of justice, wherein and in what respect, together with their opinions of any alterations, additions, or amendments that they can propose for the general benefit of the said province." The proceedings here inaugurated were interrupted and delayed by ministerial changes, but the views of policy on which they were founded evidently remained the same. In the spring of the following year, Shelbourne was replaced in the secretaryship by Hillsborough, who retained it up till the eve of the Quebec Act. His first letter to Quebec, dated March 6th, 1768, conveys to Carleton, (who had been strongly advocating the retention of the French laws and customs), His Majesty's approval "of the humanity and tenderness you have shewn with regard to the peculiar circumstances and situation of His Majesty's new subjects;" and recommends him to take measures to reconcile the new subjects to unavoidable delays in regard to a general settlement. In the following July he writes in the same strain, fully approving of all the governor's recommendations (in regard to re-establishment of French law), and regretting the unavoidable delay in the giving them force. January 4, 1769, he agrees with Carleton's recommendation of the employing in the public service of the French Canadians, but expresses the fear that popular prejudices at home might make it difficult to follow as regarded the military profession; in the following July' he says that there can be no doubt of the justice and propriety of admitting Canadians to the Council. Jan 2 1 See below, chapter V for full report. (Can Arch., Q. 4, p. 327.) *Can. Arch., Q. 5-1, p. 344. Ibid., Q. 5-2, p. 602, Ibid., Q. 6, p. 3. Ibid., p. 67. uary 11, 1772,' he transmits to Cramahé the new instructions in regard to the granting of lands, which he hopes will "convince His Majesty's new subjects of the King's gracious intention to adopt and preserve, in every case where it can be legally done, the customs and usages that subsisted in the colony before the reduction of it, and which His Majesty observes they are very desirous to retain." This is more than two years before the Quebec Act. The attitude of the Imperial administrations toward the new English-speaking element may be conjectured from the opinion generally entertained at home, that the main part of this was of American origin, and was inspired by the same ideas and aims as the turbulent populace in the other provinces. This idea, as is shown above, was probably mainly due to the intemperate attitude of the early spokesmen of the party, and was evidently fostered both by Murray and Carleton. The attitude of the Grand Jury in 17642 was of course severely condemned at home, the secretary transmitting His Majesty's highest disapprobation of their "assuming to themselves authority similar to that of a House of Representatives against the orders and regulations of His Majesty's government established there." There are indications that possibly show that at one time there was no desire on the part of the home government for any considerable increase in the number and influence of the old subjects in the province, and we at least have expressions which prove that none such was expected. The change in the land regulations was made to accommodate the French, and apparently without any idea that it would be welcome to the English settler. But yet Hillsborough writes, April 18, 1772, in tones of satisfaction at the apparent betaking of the English to the cultivation of the land.* 1 Can. Arch., Q. 8, p. 97. 2 See above, pp. 311-13. Can. Arch., Q. 2, p. 464. In regard to the movement in 1773 for an assembly the provincial government tried to adopt an amicable and neutral course in order to have the representations of the old subjects forwarded in a regular manner (i. e., through the authorities; which, however, seems not to have been done). Dartmouth writes, April 6th, 1774, approving of this course and stating his conviction "that the proposition has been stirred up to answer factious views; and the proceedings of the committee seem to have had no other object than to embarrass the measures now under consideration."1 December 10th, 1774, he expresses the hope that the full operation of the Quebec Act, especially in regard to "the plan of judicature" intended, may satisfy all classes of subjects, and recommends to the governor to point out to the British the attention that has been shown to their interests not only in the adopting of the English laws as far as was consistent with what was due to the just claims and moderate wishes of the Canadians, but in the opening to the British merchant by the extension of the province so many new channels of important commerce. "2 On the whole we may sum up the policy of the government, Provincial and Imperial, towards the old subjects in in the words of Haldimand, who writes in October, 1779, that he and the Council agree in considering the Canadians the people of the country, to the 60,000 of whom regard was to be paid, rather than to the 2,000 others. And the expressions of this disregard of the English-speaking element were the less unrestrained through the prejudices established mainly by the injurious misrepresentations of the Provincial officials. In noting the Imperial policy in some of its special applications to Provincial affairs I shall leave out of sight for the moment those more important matters which when settled finally by the Quebec Act, became the centre of the 1 Can. Arch., Q. 10, p. 42. Ibid., p. 125. Ibid., B. 54, p. 354. |