Montreal, 1535-1914. Vol. 2. Under British Rule, 1760-1914

by William H. Atherton

MILITARY GOVERNMENT

BRIGADIER GAGE, GOVERNOR OF MONTREAL—THE ADDRESS OF THE MILITIA AND MERCHANTS—GOVERNMENT BY THE MILITARY BUT NOT “MARTIAL LAW”—THE CUSTOM OF PARIS STILL PREVAILS—COURTS ESTABLISHED—THE EMPLOYMENT OF FRENCH-CANADIAN MILITIA CAPTAINS IN THE ADMINISTRATION OF JUSTICE—SENTENCES FROM THE REGISTERS OF THE MONTREAL COURTS—GOVERNOR GAGE’S ORDINANCES—TRADE—THE PORT—GAGE’S REPORT TO PITT ON THE STATE OF THE GOVERNMENT OF MONTREAL—THE PROMULGATION OF THE DECLARATION OF THE DEFINITIVE TREATY OF PARIS—REGULATIONS CONCERNING THE LIQUIDATION OF THE PAPER MONEY—LEAVE TO THE FRENCH TO DEPART—LAST ORDINANCES OF GAGE—HIS DEPARTURE.

Brigadier Gage was appointed governor of Montreal on September 21, 1760.[1] He early won the esteem of the townspeople. All his ordinances manifest the desire to act in accordance with justice and in harmony with the people. Montrealers recognized this and shortly after the death of George II, which took place on October 25th, expressed their confidence in their rulers in an address written in English and French. The English version as inserted in the New York Gazette is as follows:

“To his Excellency, General Gage, governor of Montreal and its dependencies.

“The address of the officers of militia and merchants of the city of Montreal.

“Cruel Destiny has thus cutt short the Glorious Days of so Great and so Magnanimous a Monarch! We are come to pour out our Grief unto the paternal Bosom of Your Excellency, the Sole Tribute of Gratitude of a People who will never cease to Exalt the mildness and Moderation of their New Masters. The General who has conquered us has rather treated Us as a Father than a Vanquisher and has left us a precious Pledge[2] by name and deed of his Goodness to Us. What acknowledgements are we not beholden to make for so many Favours? Ha! They shall be forever Engraven in our Hearts in Indelible Characters. We Entreat Your Excellency to continue us the Honour of Your Protection. We will endeavour to Deserve it by Our Zeal and by the Earnest Prayers We shall ever offer up to the Immortal Being for Your Health and Preservation.” (Canadian Archives, A. & W., I, 96, I, page 327.)

The mildness and moderation of the “New Masters” was particularly shown by the retention of existing laws and customs. It will be recalled that Vaudreuil, in the Articles of Capitulation had asked that “French and Canadians should be continued to be governed according to the customs of Paris and the laws and usages established for this country and should not be subject to any other laws than those established under the French dominion.” Whereupon Amherst had replied that this had been answered by the preceding article and especially by the reply to the last (Article 41), asking that the British government should only require a strict neutrality of the Canadians, which said curtly: “They become subjects of the king”—a non-committal reply, which at first looked severe but was, as the conscientious historian, Jacques Viger,[3] has said, just and reasonable under the circumstances. In the event, Amherst granted more than his answer would suggest, for during the Interregnum, the French and British incomers continued to be governed according to the custom of Paris. Hence the gratitude expressed through General Gage was well deserved.

The period of the Interregnum, now beginning (September 8, 1760, to August 10, 1764), which was to last until the promulgation of the treaty of Paris, and the official publication by Governor General Murray of his civil appointment, has been called erroneously by several French historians, “La Regne Militaire,” a term suggestive of military despotism and summary justice. Commander Jacques Viger, M. Labrie, Judge Mondelet and others rejected this erroneous misnomer in the columns of the Journal “La Bibliotheque Canadienne,” being edited in 1827 by Bibaud, the well known historian. For, after examining the documents of the period they came to the conclusion that the name of La Regne Militaire could only be merited because, as most of the official men of the law having been in Government employ had left the country and new justices had to be created who should judge according to “les lois, formes et usages” of the country, the government devolved perforce on the military men and of the “milices,” the only educated men left besides the clergy.

This is made clear by a memoir of October 15, 1777, to the British government on the subject of the administration of justice, drawn up by Judges Panet, Mabane and Dunn, of whom Pierre Panet had been one of the greffiers at Montreal, and the others had had close relations with the military judges. Their testimony is therefore convincing. They state: “Though Canada was conquered by His Majesty’s arms in the fall of 1760, the administration in England did not interfere with the interior government of it till the year 1763. It remained, during that period, as formerly, with three districts, under the separate command of military officers who established in their respective districts, military courts under different forms, indeed, but in which, according to the policy observed in wise nations towards a conquered people the laws and usages of Canada were observed in the rules of decision.”