December 24, two Canadians prosecuted for having the property of the King in their possession. One is acquitted and the other found guilty and condemned to receive 400 stripes of the lash. The General approves the sentence, but reduces the lashes to fifty.
For 1762, we may choose an incident which shows the growth of the tendency towards the unpleasant relations between the Montreal English merchants and the military, which afterwards had such serious results, and helped to occasion the recall of General Murray.
February 26, Mr. Grant and Edward Chinn, merchants, accused of having insulted Ensign Nott of the Fourth Battalion of the Sixth Regiment of Royal Americans, are found guilty and condemned, Mr. Grant to a fine of £30 and Mr. Chinn to a fine of £20, “which sums will be employed according to the direction of the General to the relief of the unhappy poor in Montreal.” Pardon is to be asked of Ensign Nott in the presence of the garrison of Montreal in the following terms, namely—“Ensign Nott I am very sorry for having been guilty of assault in your regard and very humbly ask your pardon.” The General approved the sentence, but reduced the fine of Mr. Grant to £20. Mr. Forrest Oakes was also prosecuted for a like offence and condemned also to ask pardon of Ensign Nott, and to undergo fourteen days’ imprisonment. The General reduced the imprisonment to twenty-four hours and exempted Mr. Oakes from asking pardon, because it appeared to him that the injuries received had been reciprocal.
From these judgments, we may see that, while the Chambre de Justice of Chambre de Milices judged purely civil affairs, all criminal affairs, great and small, were relegated to the “Council of War,” otherwise called the “Court Martial,” which performed the functions nowadays of the courts of Quarter Sessions and criminal courts of King’s Bench. The “General” was the final court of appeal.
A glance at some of the ordinances of this period will further illustrate the life of the town. On November 27 Governor Gage found it necessary to issue ordinances against merchants, who without permission of the governor, went to sell their merchandise and intoxicating liquors in the country places. On the 13th of January, 1762, there occurred a further ordinance, explaining the former and forbidding in addition the sale of liquors to soldiers and savages, and fixing the quantity lawful to be sold to the inhabitants at one time. These merchants were probably newcomers from the English colonies now drifting into the city and anxious to make good quickly rather than scrupulously.
On the 12th of May regulations were issued concerning the amount of cords of wood that should be furnished to the troops.
On July 26th, Gage endeavors to arrange for the money exchange values. He orders that six livres tournois shall be equal to eight shillings, or ten sols of Montreal money.
On July 31st, Gage has his mind on the repair of the fortifications, “seeing that they are falling into ruin and wishing to carry on the old regulations for the common good, following in this time of uncertainty, the ancient usages, which are not opposed to the service of the king,” and therefore he ordered that there shall be imposed every year commencing with 1762, a sum, of which a third shall be paid by the Seminary of St. Sulpice and the other two-thirds by the regular and secular communities and the inhabitants of the said Town of Montreal, for repairs to commence in the following spring, but that the gate, on which they are working, shall be made perfect this year, and “that the said imposition, for which the money shall be remitted to a person named by the Chambre of Militia of the said Montreal, shall not surpass the sum of 6,000 livres each year” and shall continue until the entire repair of the said enclosure is made, at the end of which repairs, the present ordinance shall remain null and void.
On August 3d, Gage seeing that different standards of weights and measures were being used, and to prevent frauds slipping into the commercial life of the city, established that, in Montreal, the English standard yard measure should be used according to the standard to be kept by the “major of the place.” This regulation it was hoped would suit both the English and French.