A history of Canada, 1763-1812

by Sir Charles Prestwood Lucas

Conditions which guided British policy in Canada as embodied in the Proclamation of 1763.

What had British statesmen to guide them in dealing with the question, and what considerations led to the provisions which were embodied in their first measure, the Royal Proclamation of 7th October, 1763? It was evident, Geographical division between the settled districts and the hinterland. in the first place, that a line could, if it was thought advisable, be drawn between the settled parts of Canada and the Western territories, where the French had only maintained outposts and trading stations. The government of The Indian question. Quebec, therefore, which was the new colony, was, as has been seen, limited to the districts of Quebec, Three Rivers, and Montreal, and did not include the regions of the lakes, or the territories of the Hudson’s Bay Company. In the second place, past experience had proved that English dealings with the Indians had been very much less successful than French management, the characteristic features of which were personal relations with a despotic governor and his authorized agents and representatives; and that the Indians enjoyed more protection and were likely to develop greater loyalty and contentment under a central authority—the Imperial Government—represented and advised by Sir William Johnson, than if left to bargain with and to resent encroachments by the various British colonies. Consequently the proclamation reserved the western hinterland ‘under our sovereignty, protection, and dominion for the use of the said Indians’, in addition to safeguarding the existing rights and lands of the natives within the borders of the colonies. In the third place it Necessity for attracting British colonists was obviously desirable to introduce into Canada a leaven of colonists of English race, and more especially of colonists who had been trained to arms and already knew the land and the people. Hence, just as in bygone days Colbert and Talon, when colonizing Canada on a definite system, planted time-expired soldiers along the St. Lawrence and the Richelieu rivers, so the Proclamation of 1763 empowered free land grants to be given in Canada, as well as in the other American possessions of Great Britain, to officers and soldiers who had served in the late war; and it also encouraged British settlers generally by providing that, as soon as circumstances allowed, a General Assembly was to be summoned ‘in such manner and form as is used and directed in those colonies and provinces in America which are under our immediate government.’[39]

and for conciliating the French Canadians.

But most of all it was necessary to mete out fair and liberal treatment to the new subjects, the French Canadians, and make them contented citizens of the British Empire. This object, Englishmen naturally argued, could best be attained, first, by securing ‘the ancient inhabitants in all the titles, rights, and privileges granted to them by Treaty’[40]; and secondly, by giving the Canadians as soon as possible the laws and institutions which British subjects valued and under which they had thrived, by assimilating Canada as far as possible in these respects to the neighbouring British colonies. Accordingly the Canadians were Desire to give British privileges to Canada. from the first to enjoy the benefit of the laws of England, and courts of justice were to be established with power to determine all causes criminal and civil ‘as near as may be agreeable to the laws of England’. The question of religion was ignored in the proclamation; freedom of worship had already been guaranteed to the Roman Catholics by the 4th Article of the Peace of Paris,[41] and Murray’s instructions were that he should ‘in all things regarding the said inhabitants, conform with great exactness to the stipulations of the said treaty in this respect’. There the matter was left for the moment, though Murray’s commission provided that the persons who should be elected as members of the future Assembly were to subscribe the declaration against Popery, enacted in Charles the Second’s reign, which provision would have excluded Roman Catholics from sitting in the Assembly.

Liberal intention of the Proclamation of 1763.

There is no question that the proclamation itself was conceived in a wise and tolerant spirit. There was every intention to safeguard the best interests alike of the French Canadians and of the Indians; to give to the latter the protection of Imperial rule, to give to the former the benefits of British laws, and as far as possible the privileges of British citizenship. The proclamation, too, was not drawn on hard and fast lines. As soon as circumstances permitted, and not before, representative institutions were to be introduced, and the laws were not to be necessarily the laws of England, but ‘as near as may be agreeable to’ the laws of England.

Murray’s Commission.

Murray’s commission as governor empowered him, ‘so soon as the situation and circumstances of our said province under your government will admit thereof, and when and as often as need shall require, to summon and call General Assemblies of the freeholders and planters within your government.’ But by the terms of the commission a council was joined with the governor and Assembly as the authority for making laws and ordinances, and the Royal Instructions provided that, pending the calling of a General Assembly, the governor was to act on the advice of his council in making regulations, which would have the force of law, and which were, as a matter of fact, styled ordinances, certain important subjects, such as taxation, being excluded from their scope. Thus, until representative institutions could be given to Canada, legislative and executive authority was placed in the hands of the governor acting on the advice of a nominated council. But the council, again, was constituted on liberal The Council of government. lines, as its members were to be the Lieutenant-Governors of Montreal and Three Rivers, the Chief Justice of the province of Quebec, the Surveyor-General of Customs in America for the Northern district, and ‘eight other persons to be chosen by you from amongst the most considerable of the inhabitants of, or persons of property in, our said province’. From the first, therefore, it was intended that the unofficial element in the council should outnumber the officials—evidence, if evidence were wanted, that it was desired to govern Canada in accordance with the wishes of the people.

Immediately after civil government had taken the place of military rule, an ordinance was, in September, 1764, promulgated, constituting courts of justice, the law to Courts of justice established. be administered being in the main the law of England, and trial by jury being introduced without any religious qualification for jurymen. One provision in the ordinance, it may be noticed in passing, abolished the district of Three Rivers, which had hitherto been, like Montreal, in charge of a Lieutenant-Governor. Thus Canada was started on its course as a British colony, with the best intentions, the prospect of such self-government as other American colonies enjoyed, British law and justice, and above all a governor who was in sympathy with the Causes of the difficulties which arose. people, and earnestly worked for their good; but difficulties arose almost immediately, and the causes of them are not far to seek.