Part 122

"For three years after the conquest, the government of Canada was entrusted to military chiefs, stationed at Quebec, Montreal and Three Rivers, the headquarters of the three departments into which General Amherst divided the country. Military councils were established to administer law, though, as a rule, the people did not resort to such tribunals, but settled their difficulties among themselves. In 1763, the king, George III., issued a proclamation establishing four new governments, of which Quebec was one. Labrador, from St. John's River to Hudson's Bay, Anticosti, and the Magdalen Islands, were placed under the jurisdiction of Newfoundland, and the islands of St. John (or Prince Edward Island, as it was afterwards called), and Cape Breton (Ile Royale) with the smaller islands adjacent thereto, were added to the government of Nova Scotia. Express power was given to the governors, in the letters-patent by which these governments were constituted, to summon general assemblies, with the advice and consent of His Majesty's Council, 'in such manner and form as was usual in those colonies and provinces which were under the King's immediate government.' … No assembly, however, ever met, as the French-Canadian population were unwilling to take the test oath, and the government of the province was carried on solely by the governor general, with the assistance of an executive council, composed in the first instance of the two lieutenant-governors of Montreal and Three Rivers, the chief justice, the surveyor general of customs, and eight others chosen from the leading residents in the colony. From 1763 to 1774 the province remained in a very unsettled state, chiefly on account of the uncertainty that prevailed as to the laws actually in force. … The province of Quebec remained for eleven years under the system of government established by the proclamation of 1763. In 1774, Parliament intervened for the first time in Canadian affairs and made important constitutional changes. The previous constitution had been created by letters-patent under the great seal of Great Britain, in the exercise of an unquestionable and undisputed prerogative of the Crown. The colonial institutions of the old possessions of Great Britain, now known as the United States of America, had their origin in the same way. But in 1774, a system of government was granted to Canada by the express authority of Parliament. This constitution was known as the Quebec Act, and greatly extended the boundaries of the province of Quebec, as defined in the proclamation of 1763. On one side, the province extended to the frontiers of New England, Pennsylvania, New York province, the Ohio, and the left bank of the Mississippi; on the other, to the Hudson's Bay Territory. Labrador, and the islands annexed to Newfoundland by the proclamation of 1763, were made part of the province of Quebec. … The Act of 1774 was exceedingly unpopular in England and in the English-speaking colonies, then at the commencement of the Revolution. Parliament, however, appears to have been influenced by a desire to adjust the government of the province so as to conciliate the majority of the people. … The new constitution came into force in October, 1774. The Act sets forth among the reasons for legislation that the provisions made by the proclamation of 1763 were 'inapplicable to the state and circumstances of the said province, the inhabitants whereof amounted at the conquest, to above 65,000 persons professing the religion of the Church of Rome, and enjoying an established form of constitution and system of laws, by which their persons and property had been protected, governed, and ordered for a long series of years, from the first establishment of the province.' Consequently, it is provided that Roman Catholics should be no longer obliged to take the test oath, but only the oath of allegiance. The government of the province was entrusted to a governor and a legislative council, appointed by the Crown, inasmuch as it was 'inexpedient to call an assembly.' This council was to comprise not more than twenty-three, and not less than seventeen members, and had the power, with the consent of the governor or commander-in-chief for the time being, to make ordinances for the peace, welfare, and good government of the province. They had no authority, however, to lay on any taxes or duties except such as the inhabitants of any town or district might be authorized to assess or levy within its precincts for roads and ordinary local services. No ordinance could be passed, except by a majority of the council, and every one had to be transmitted within six months after its enactment to His Majesty for approval or disallowance. {379} It was also enacted that in all matters of controversy, relative to property and civil rights, recourse should be had to the French civil procedure, whilst the criminal law of England should obtain to the exclusion of every other criminal code which might have prevailed before 1764. … Roman Catholics were permitted to observe their religion with perfect freedom, and their clergy were to enjoy their 'accustomed dues and rights' with respect to such persons as professed that creed. Consequently, the Roman Catholic population of Canada were relieved of their disabilities many years before people of the same belief in Great Britain and Ireland received similar privileges. The new constitution was inaugurated by Major General Carleton, afterwards Lord Dorchester, who nominated a legislative council of twenty-three members, of whom eight were Roman Catholics."

_J. G. Bourinot, Manual of Constitutional History of Canada, chapters 2-3._

ALSO IN: _W. Houston, Documents Illustrative of the Canadian Constitution, pages 90-96._

See, also, UNITED STATES OF AMERICA: A. D.1774 (MARCH-APRIL).

CANADA: A. D. 1775-1776. Invasion by the revolting American colonists. Loss and recovery of Montreal. Successful defence of Quebec.

At the beginning of the revolt of the thirteen colonies which subsequently formed, by their separation from Great Britain, the United States of America, it was believed among them that Canada would join their movement if the British troops which occupied the country were driven out. Acting on this belief, the Continental Congress at Philadelphia, in June, 1775, adopted a resolution instructing General Schuyler to repair without delay to Ticonderoga (which had been surprised and taken a few weeks before by Ethan Allen and his "Green Mountain Boys"), and "if he found it practicable, and it would not be disagreeable to the Canadians, immediately to take possession of St. John's and Montreal, and pursue any other measures in Canada which might have a tendency to promote the peace and security of these colonies." General Schuyler found it difficult to gather troops and supplies for the projected expedition, and it was the middle of August before he was prepared to move. His chief subordinate officer was General Richard Montgomery, an Irishman, formerly in the British service, but settled latterly in New York; and he was to be supported by a cooperative movement planned and led by Benedict Arnold. "General Montgomery, with 3,000 men, would go down Lake Champlain and attack Montreal; while General Arnold, with 1,200, was to seek the headwaters of Kennebec River, cross the height of land, and descend the Chaudiere to the very gates of Quebec. The brave General Carleton, who had been with Wolfe at Quebec, was now in command of the forces of Canada—if 500 British regulars and a few hundred militia might be so denominated. No doubt Governor Carleton with his small army undertook too much. He sought to defend the way to Montreal by holding Fort St. John, and that to Quebec by defending Chambly. Both these places fell before the Americans. General Montgomery pushed on down the River Richelieu and occupied Sorel, throwing forces across the St. Lawrence, and erected batteries on both sides to prevent intercourse between Montreal and Quebec. Montreal, now defenceless, was compelled to surrender on the 13th of November, and 11 British vessels were given up to the enemy. It was really a dark hour for Canada. General Carleton has been severely criticized for dividing his forces. The truth is, the attack was so unexpected, and so soon after the outbreak of the rebellion, that no plan of defence for Canada had been laid. … General Carleton escaped from Montreal, and, in a boat, passed the Sorel batteries with muffled oars under cover of night. The general had but reached Quebec in time. The expedition of Arnold had already gained the St. Lawrence on the side opposite the' Ancient Capital.' The energy displayed by Arnold's men was remarkable. The Kennebec is a series of rapids. Its swift current hurries over dangerous rocks at every turn. The highlands when reached consist of swamps and rocky ridges covered with forest. The Chaudiere proved worse than the Kennebec, and, the current being with the boats, dashed them to pieces on the rocks. Arnold's men, on their six weeks' march, had run short of food, and were compelled to eat the dogs which had accompanied them. Not much more than half of Arnold's army reached the St. Lawrence. Arnold's force crossed the St. Lawrence, landed at Wolfe's Cove, and built huts for themselves on the Plains of Abraham. On the 5th of December Montgomery joined the Kennebec men before Quebec. The united force was of some 3,000 men, supported by about a dozen light guns. Carleton had, for the defence of Quebec, only one company of regulars and a few seamen and marines of a sloop of war at Quebec. The popularity of the governor was such that he easily prevailed upon the citizens, both French and English, to enroll themselves in companies for the defence of their homes. He was able to count upon about 1,600 bayonets. The defences of Quebec were, however, too strong for the Americans. On the night of December 31st, a desperate effort was made to take the city by escalade. Four attacks were made simultaneously. Arnold sought to enter by the St. Charles, on the north side of Quebec, and Montgomery by the south, between Cape Diamond and the St. Lawrence. Two feints were to be made on the side towards the Plains of Abraham. The hope of the commanders was to have forced the gates from the lower to the upper town in both cases. Arnold failed to reach the lower town, and in a sortie the defenders cut off nearly the whole of his column. He escaped wounded. Montgomery was killed at the second entrenchment of the lower town, and his troops retired in confusion. The American generals have been criticized by experts for not making their chief attack on the wall facing on the Plains of Abraham. … General Arnold remained before Quebec, though his troops had become reduced to 800 men. General Carleton pursued a policy of acting strictly on the defensive. If he retained Quebec it would be his greatest success. General Arnold sought to gain the sympathy of the French Canadian seigniors and people, but without any success. Three thousand troops, however, came to reinforce Arnold early in the year, and 4,000 occupied Montreal, St. John's, and Chambly. But on the 6th of May relief came from England; men of war and transports, with three brigades of infantry besides artillery, stores, and ammunition. The Americans withdrew to Sorel. The British troops followed them, and a brigade encamped at Three Rivers. {380} The Americans attempted to surprise the force at Three Rivers, but were repulsed with heavy loss. The Americans now fell back from Montreal, deserted all the posts down to Lake Champlain, and Governor Carleton had the pleasure of occupying Isle-aux-Noix as the outpost, leaving Canada as it had been before the first attack in the year before."

_G. Bryce, Short History of the Canadian People, chapter 6, section 3._

ALSO IN: _B. J. Lossing, Life and Times of Philip Schuyler, volume 1, chapters 19-29, and volume 2, chapters 1-4._

_J. Sparks, Life and Treason of Benedict Arnold, chapters 3-5, (Library of American Biographies, volume 3)._

_J. Armstrong, Life of Richard Montgomery (Library of American Biographies, volume 1)._

_C. H. Jones, History of the Campaign for the Conquest of Canada in 1776._

_J. J. Henry, Arnold's Campaign against Quebec._

CANADA: A. D. 1776. General Carleton's unsuccessful advance against Ticonderoga.

See UNITED STATES OF AMERICA: A. D. 1776-1777.

CANADA: A. D. 1777. Burgoyne's disastrous invasion of New York.

See UNITED STATES OF AMERICA: A. D. 1777 (JULY-OCTOBER).

CANADA: A. D 1783. Settlement of boundaries in the Treaty of Peace between Great Britain and the United States.

See UNITED STATES OF AMERICA: A. D. 1783 (SEPTEMBER).

CANADA: A. D. 1783-1784. Influx of the "United Empire Loyalists" from the United States.

See TORIES OF THE AMERICAN REVOLUTION.

CANADA: A. D. 1791 The Constitutional Act. Division of the province into Upper and Lower Canada.

"In 1791 a bill was introduced by Pitt dividing the Province into Upper and Lower Canada, the line of division being so drawn as to give a great majority to the British element in Upper Canada and a great majority to the French settlers in Lower Canada. The measure was strongly opposed by Fox, who urged that the separation of the English and French inhabitants was most undesirable. … The act was passed, and is known as the Constitutional Act of 1791. … In each province the legislature was to consist of the Governor, a Legislative Council and a Legislative Assembly. The Governor had power to give or withhold the royal assent to bills, or to reserve them for consideration by the Crown. He could summon, prorogue, or dissolve the legislature, but was required to convene the legislature at least once a year. The Legislative Council in Upper Canada consisted of not less than 7, and in Lower Canada of not less than 15 members, chosen by the King for life, the Speaker being appointed by the Governor-General. The Legislative Assembly was in counties elected by 40s, freeholders, and in towns by owners of houses of £5 yearly value and by resident inhabitants paying £10 yearly rent. The number and limits of electoral districts were fixed by the Governor-General. Lower Canada had 50 members, Upper Canada 16 members, assigned to their respective legislatures. The new Constitution did not prove a success. Serious differences arose between the Legislative Council and the Legislative Assembly in regard to the control of the revenue and supplies, differences which were aggravated by the conflict that still went on between the French and English races. … The discontent resulted in the rebellion of 1837-8."

_J. E. C. Munro, The Constitution of Canada, chapter 2._

ALSO IN: _W. Houston, Docs. Illustrative of the Canadian Const., pages 112-133._

_D. Brymner, Report on Canadian Archives, 1890, appendix B._

CANADA: A. D. 1812-1815. The War of Great Britain with the United States.

See UNITED STATES OF AMERICA: A. D. 1812 (JUNE-OCTOBER), to 1815 (JANUARY).

CANADA: A. D. 1818. Convention between Great Britain and the United States relating to Fisheries, etc.

See FISHERIES, NORTH AMERICAN: A. D. 1814-1818.

CANADA: A. D. 1820-1837. The Family Compact.

"The Family Compact manifestly grew out of the principles of the U. E. Loyalists. It was the union of the leaders of the loyalists with others of kindred spirit, to rule Upper Canada, heedless of the rights or wishes of its people. We have admired the patriotic, heroic and sentimental side of U. E. loyalism; but plainly, as related to civil government, its political doctrines and practices were tyrannical. Its prominent members belonged to the class which in the American colonies, in the persons of Governors Bernard and Hutchinson, and many others of high office and standing, had plotted to destroy the liberties of the people and had hastened the American revolution. … By the years 1818 or 1820 a junto or cabal had been formed, definite in its aims and firmly combined together, known as the Family Compact, not to its best leaders seeming an embodiment of selfishness, but rather set for patriotic defence and hallowed with the name of religion."

_G. Bryce, Short History of the Canadian People, chapter 10, section 2._

"Upper Canada … has long been entirely governed by a party commonly designated throughout the Province as the 'Family Compact,' a name not much more appropriate than party designations usually are, inasmuch as there is, in truth, very little of family connection among the persons thus united. For a long time this body of men, receiving at times accessions to its members, possessed almost all the highest public offices, by means of which, and of its influence in the Executive Council, it wielded all the powers of government; it maintained influence in the legislature by means of its predominance in the Legislative Council; and it disposed of a large number of petty posts which are in the patronage of the Government all over the Province. Successive Governors, as they came in their turn, are said to have either submitted quietly to its influence, or, after a short and unavailing struggle, to have yielded to this well-organized party the real conduct of affairs. The bench, the magistracy, the high offices of the Episcopal Church, and a great part of the legal profession, are filled by the adherents of this party: by grant or purchase, they have acquired nearly the whole of the waste lands of the Province; they are all powerful in the chartered banks, and, till lately, shared among themselves almost exclusively all offices of trust and profit. The bulk of this party consists, for the most part, of native-born inhabitants of the colony, or of emigrants who settled in it before the last war with the United States; the principal members of it belong to the church of England, and the maintenance of the claims of that church has always been one of its distinguishing characteristics."

_Earl of Durham, Report on the Affairs of British North America, page 105._

"The influences which produced the Family Compact were not confined to Upper Canada. In the Lower Province, as well as in Nova Scotia and New Brunswick, similar causes led to similar results, and the term Family Compact has at one time or another been a familiar one in all the British North American colonies. … The designation Family Compact, however, did not owe its origin to any combination of North American colonists, but was borrowed from the diplomatic history of Europe."

_J. C. Dent, The Story of the Upper Canadian Rebellion, chapter 3._

{381}

CANADA: A. D. 1837. The Causes of discontent which produced rebellion.

"It was in Lower Canada that the greatest difficulties arose. A constant antagonism grew up between the majority of the legislative council, who were nominees of the Crown, and the majority of the representative assembly, who were elected by the population of the province [see above: A. D. 1791]. The home Government encouraged and indeed kept up that most odious and dangerous of all instruments for the supposed management of a colony—a 'British party' devoted to the so-called interests of the mother country, and obedient to the word of command from their masters and patrons at home. The majority in the legislative council constantly thwarted the resolutions of the vast majority of the popular assembly. Disputes arose as to the voting of supplies. The Government retained in their service officials whom the representative' assembly had condemned, and insisted on the right to pay them their salaries out of certain funds of the colony. The representative assembly took to stopping the supplies, and the Government claimed the right to counteract this measure by appropriating to the purpose such public moneys as happened to be within their reach at the time. The colony—for indeed on these subjects the population of Lower Canada, right or wrong, was so near to being of one mind that we may take the declarations of public meetings as representing the colony—demanded that the legislative council should be made elective, and that the colonial government should not be allowed to dispose of the moneys of the colony at their pleasure. The House of Commons and the Government here replied by refusing to listen to the proposal. … It is not necessary to suppose that in all these disputes the popular majority were in the right and the officials in the wrong. No one can doubt that there was much bitterness of feeling arising out of the mere differences of race. … At last the representative assembly refused to vote any further supplies or to carry on any further business. They formulated their grievances against the home Government. Their complaints were of arbitrary conduct on the part of the governors; intolerable composition of the legislative council, which they insisted ought to be elective; illegal appropriation of the public money, and violent prorogation of the provincial parliament. One of the leading men in the movement which afterwards became rebellion in Lower Canada was Mr. Louis Joseph Papineau. This man had risen to high position by his talents, his energy, and his undoubtedly honourable character. He had represented Montreal in the representative Assembly of Lower Canada, and he afterwards became Speaker of the House. He made himself leader of the movement to protest against the policy of the governors, and that of the Government by whom they were sustained. He held a series of meetings, at some of which undoubtedly rather strong language was used. … Lord Gosford, the governor, began by dismissing several militia officers who had taken part in some of these demonstrations; Mr. Papineau himself was an officer of this force. Then the governor issued warrants for the apprehension of many members of the popular Assembly on the charge of high treason. Some of these at once left the country; others against whom warrants were issued were arrested, and a sudden resistance was made by their friends and supporters. Then, in a manner familiar to all who have read anything of the history of revolutionary movements, the resistance to a capture of prisoners suddenly transformed itself into open rebellion."

_J. McCarthy, History of Our own Times, volume 1, chapter 3._