This petition is signed by thirty-one of the principal merchants. It will be noticed that there are only two of these names that appeared on the petition of 1765 for the assembly and the recall of Murray. The whole document is more dignified. The memorialists are men of great weight. Their claim as the developers of commerce is undoubted. The only weakness lay in the concluding clause which is merely the outcome of the traditional intolerance then in vogue but which was to be the chief cause of the delay of their efforts till the act of 1791 at last crowned their efforts. Among the Montreal signatures in the above memorial are those of Alexander Henry, John Porteous, James McGill, Alexander Paterson, Richard Dobie, J. Fraser and Isaac Todd.
The above memorial was set off by that of fifty-nine “Canadian” leaders who appealed for the restoration of their customs and usages according to the laws, customs and regulations under which they were born and which served as the basis and foundations of their possessions. They also ask not to be excluded from offices in the service of the king. The petition is to be presented by Sir Guy Carleton. “It is to this worthy representative of Your Majesty who perfectly comprehends the ambitions of this colony and the customs of this people that we confide our most humble supplications to be conveyed to the foot of your throne.”
The year 1773 saw great activity in the duel; the case of the old and new subjects was being argued in London. The most eminent statesmen and lawyers, state officials, were studying the numerous documents in view of the proposed Quebec act of settlement. The merchants of Montreal and Quebec determined to make a great effort. In the winter of 1772 Thomas Walker, of Montreal, and Zachary Macaulay, of Quebec, had already conferred in London with Masères about the prospect of an Assembly. Mazères, though now a cursitor baron of the exchequer, still kept his interest in Canadian affairs as when attorney general at Quebec. There is no name more prominent among those who contributed to the elucidation of the difficulties of this time than this able man. His Huguenot upbringing, however, somewhat warped his otherwise calm judgment in surveying the French Canadian position, yet his was a warning of the opportunist. “I told them,” wrote Masères to Dartmouth on January 4, 1774, “that I thought a legislative council, consisting of only Protestants and much more numerous than the present, and made perfectly independent of the Governor so as to be neither removable nor suspendible by him on any pretense but only removable by the King in council, would be a better instrument for that province than an assembly for seven or eight years to come, and until the Protestant religion and English manners, laws and affections shall have made a little more progress there and especially an assembly unto which any Catholics shall be admitted.”
The two representatives, however, seemed to have been resolved to push for an Assembly for they were both found to be on the committee organized for that purpose on October 30, 1773, in Quebec at Miles Prenties’ Inn. The meeting was called by John McCord. The circumstances are related by Cramahé’s letter to Dartmouth of December 13th when he inclosed the final petitions sent to him by the merchants. “About six weeks or two months ago a Mr. McCord from the north of Ireland, who settled here soon after the conquest, where he picked up a very comfortable livelihood by the retailing business in which he is a considerable dealer, the article of spiritous liquors especially, summoned the principal inhabitants of this town that are Protestants to meet at a tavern where he proposed to them, applying for a house of assembly.”
The transactions, of the meeting called by McCord and of the subsequent ones, were recorded and sent to Masères by Quebec and Montreal citizens. He was thought to be the right person to approach as their agent, to have their case ventilated in London. They wrote to him on November 8, 1773, “The British inhabitants of whom we are appointed a committee are of very moderate principles. They wish for an assembly as they know that to be the only sure means of conciliating the new subjects, etc.” How the assembly is to be composed is a matter of the most serious consideration; “They would submit that to the wisdom of His Majesty’s council.”
They had evidently become less exacting in their demands that it should be reserved for Protestants. What they really wanted was the Assembly.
The meeting at Miles Prenties’ in the Upper Town held on October 30th resulted in a committee of eleven being formed to draw up a petition for an assembly. The following were the eleven: William Grant, John Wells, Charles Grant, Anthony Vialars, Peter Fargues, Jenkin Williams, John Lees, Zachary Macaulay, Thomas Walker (of Montreal), Malcolm Fraser (secretary), John McCord (chairman). It was resolved that a copy of the minutes be sent to the gentlemen of Montreal. At the second meeting at Prenties’, November 2d (Tuesday), it was resolved to translate the petition into French and that the principal French inhabitants be invited to meet them at Prenties’ on Thursday, November 4th. It was further resolved to send a copy of the minutes and a draft of the petition by next post to Montreal addressed to Mr. Gray, to be communicated to the inhabitants of Montreal. On Thursday, November 4th, of the fifteen invitations sent out only eight French gentlemen appeared. The translation of the petition was read, and the clause on the composition of the assembly according to His Majesty’s wisdom, doubtless noted. After discussion M. Decheneaux and M. Perras undertook to convene a meeting of their fellow French citizens at 2 o’clock on Saturday next, to interest them in furthering the petition.
On Monday, November 8th, the English committee met at Prenties’. Being anxious to know what measures had been taken by the French on Saturday, Malcolm Fraser sent a note by a bearer to M. Perras, M. Decheneaux being out of town. A brief reply was sent back dated Quebec, 8-10th November, saying that the hasty departure of the vessels for Europe had not permitted him to reply according to his desire; “However I have seen some of my fellow citizens who do not appear to me to be disposed to assemble as some of us could wish. ‘Le grand nombre l’emporte et le petit reduit a prendre patience.’”
The next meeting of the committee was to be called at the discretion of the secretary as “the business will depend on the letters to be received from Montreal.”
Cramahé, explaining to Dartmouth, who had succeeded Hillsborough as Colonial Secretary, the want of cooperation by the French, says: “The Canadians, suspecting their only view was to push them forward to ask, without really intending their participation of the privilege, declined joining them here or at Montreal.” Had the petition asked for the abolition of the religious test and the inclusion of Catholics in the assembly the Canadians would have doubtless cooperated. The petition was presented on December 4, 1773; the Quebec (fifty-two) and Montreal (thirty-nine) signatures are both dated November 29th. It was presented to Cramahé as the Lieutenant Governor and he was prayed in accordance with the powers given the Governor by the Royal proclamation of 1763: “To summon and call a general assembly of the freeholders and planters within your government in such a manner as you in your jurisdiction shall judge most proper.” As the words stand it may be argued that the merchants were ready to forego their Protestantism in favour of a mixed assembly, but evidently the acting Governor had his doubts. Cramahé therefore answered cautiously, as was expected, “That the petition was altogether of too much importance for His Majesty’s Council here to advise at a time when the affairs of the province were likely to become an object of public regulation. The petition and his answer would be transmitted to His Majesty’s Secretary of State.”