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

by William H. Atherton

The basis of the new military government was the placard issued by General Amherst from Montreal on the 22d of September, 1760, in which he announced the new order of the government for the old and new subjects, and outlined the new form of military government throughout the three districts, by the appointment in each parish of the officers of the militia, the commandant of the regular troops and a third court of further appeal to the governor, as the future demonstrators of justice, and then left it to the local governors of the other two divisions of the country to establish their own courts. These officers of militia were the most competent at the time to carry on the traditional “custom of Paris” as they were mostly appointed from the Seigneurs of the district and the educated class.

Accordingly on October 28, 1760, General Gage issued his orders establishing tribunals of militia officers to regulate civil disputes among individuals and a second tribunal of appeal before the regular military court, with a final court of appeal to himself.

The rest of the document deals with police prohibitions to the inhabitants, not to harbour deserters or to traffic with the soldiers for their arms, clothing, etc., or any other of their accoutrements; it orders chimneys to be swept once a month, and other precautions against fire; carpenters were to be prepared with an adz, the inhabitants with an axe and bucket; also arrangements for safety against snow from falling from houses, the cleansing of the portions before the house and the disposal of garbage, the keeping of the roads and bridges in good order, and regulations concerning the sale of provisions brought in by the country people, the sale to be made in the common market place with the prohibition to town merchants to forestall the citizens by buying up the supplies brought in. The militia captains being no lawyers, were only required by Amherst to dispense law and justice as best they could, being limited to civil cases.

The ordinance of Thomas Gage, governing the administration of justice in his jurisdiction of Montreal by dividing it into five districts with definite powers and the regulations for the upkeep of the courts therein, was dated at Montreal, October 13, 1761. In each of the five districts there was to assemble on the first and fifteenth of each month a court of officers of the “Milice.” These militia courts were to be composed of not more than seven and not less than five members, of which one should hold the rank of captain, the senior to act as president. The officers of militia of each district were summoned to meet in their parishes on the 24th of October to make arrangements for the whole of these courts and to prepare rosters of officers for duty therein.

The Town of Montreal was set apart as a judicial district of its own, with a local board of officers to administer the laws. Appeal was allowed from these courts to three boards of officers of His Majesty’s Troops, one to meet at Montreal, the other at Varennes and the third at St. Sulpice, these courts of appeal to sit on the 20th of each month. A further appeal from these courts to the governor in person was provided for.

In the event of capital crimes, officers of militia were authorized to arrest the criminals and their accomplices and to conduct them under guard to Montreal, the militia officers to furnish with each prisoner an account of the crime and a list of witnesses. In civil cases involving small amounts, not exceeding twenty livres all the officers of the militia were individually granted authority to adjudicate with an appeal to and no further than the militia courts of the districts.

Provision was made for the payment of the militia officers for all of these duties by a scale of fees, a treasurer to be appointed for each court. The officers of militia were especially enjoined to maintain peace and order within their respective districts.

On October 17th the Conseil des Capitaines de Milice de Montreal presented a memorial to the governor expressing their willingness to administer justice gratuitously, as they had done in the past, but requesting as a favour from His Excellency that they be exempted from the obligation to billet troops in their domiciles. They requested that six cords of wood be purchased to heat the chamber in which their sittings were held and that Mr. Panet, their clerk, be compensated for his services at the rate of thirty sols for each sentence. Two militia sergeants had been appointed to act as bailiffs and criers of the court, and a tariff of fees was asked for to provide for their pay. These sergeants, it was also explained, were not only made use of in the administration of justice but also for the district, for the supervision of the statutory labour or corvèe. This memorial, which was signed “R. Decouange,” was approved by the governor.[4]

The inclusion of the French officers in the administration of the affairs of the country was a wise and honest attempt on the part of the British to carry out the promise of the capitulation to retain for the present the laws and customs of the past. In choosing the officers of the militia they were well advised, since the commissions there were held by the Seigneurs and the other notabilities of their respective districts, men who were the best educated and the most esteemed in the country. The choice was politic also, for it secured the continuance of the services of men who, under the old régime, had already been in charge of the conduct of justice, as well as public and communal affairs. Indeed it was to them that there had been intrusted the carrying out of the public works, such as road making and repairs, bridge building, the regulation of statutory labor through corvèes, etc. In the new régime, therefore, the militia officers were practically reinstated in their former functions.