CHAPTER V

THE PRELIMINARY STRUGGLE FOR AN ASSEMBLY

THE BRITISH MERCHANTS OF MONTREAL

“VERY RESPECTABLE MERCHANTS”--A LEGISLATIVE ASSEMBLY ON BRITISH LINES PROMOTED BY THEM--INOPPORTUNE--VARIOUS MEMORIALS TO GOVERNMENT--THE MEETINGS AT MILES PRENTIES’ HOUSE--CRAMAHE--MASERES--COUNTER PETITIONS.

Trade passed over almost bodily to the English. The records of the _Chambre de Milice de Montreal_ at present at Quebec reveal even in the civil disputes during the Interregnum of 1760-63 a boom in trade in Montreal such as those of the past never portrayed.

The early traders have been whipped unmercifully by Murray and Carleton but there were certainly some who were recognized as “very respectable merchants.” The British merchants were first at Quebec at its fall, and soon they also followed to Montreal at the Capitulation. Many were weeded out by failure and the climate, but the residue that remained of the class of the canny mercantile adventurers who always adorn the hour of advancing civilization, with the addition of more solid representatives of the large English houses, was the foundation of the enterprising merchant class of Quebec and Montreal, but especially of the latter centre, which quickly seized the control of the wholesale business, particularly the fur trade, the traffic with the Indians and the foreign commerce. Despite the narrowness of their vision and the jealous grasping after power due to them, they considered, as the conquering body, this small group of men by their superior activity, wealth and political skill came to wield great influence in the city and on the country on the whole well and wisely.

Hitherto, we have had to point out some of the weaknesses of those of the less honourable and unsuccessful merchant class, even of those who became magistrates. It remains now to chronicle the action of a well meaning body of the substantial business men at Montreal toward consolidating the constitutional system of the country and developing it along British colonial lines. Their political foresight was ahead of their time. Yet from the earliest days of British rule the English merchants of Montreal, together with those of Quebec, certainly kept before themselves and the Home Government the need of a representative assembly as promised to them, such as they had been familiar with in other British colonies in America. Unfortunately the desire to have this manned by Protestants only was made too evident from the outset and alienated the sympathy of those of the French Canadians otherwise becoming well disposed. Their narrow inherited spirit of intolerance, their conception of British rights, for they came “bearing all the laws of England on their backs,” their belief in their own capabilities, their evident business success and the large capital they invested in Canada,[1] the strong conviction of the ultimate needs of such an institution, if ever the country was to be reduced to the same uniformity as the other colonies where British institutions flourished, blinded them to the inopportuneness of the hour for the establishment of such an assembly. They forgot, imbued as so many of them were with democratic and republican tendencies, that the New British Province was not an infant colony, but one which had been long in existence and impregnated with French feudalism.

Again the upper classes were against the assembly, and the lower not prepared by education[2] or desire, to take their share in popular government; much less were they inclined to be permitted to vote for a class who desired openly and not very discreetly to ignore the political existence of their race.

Still the merchants persisted. An opportunity was given by the departure of Carleton, who had asked leave of absence for a few months to place his views directly before the government, but it was not till 1774 that he returned. During that time his delayed presence in London was valuable for consultation in the preparation of the “Quebec Act.” Carleton left behind his first counsellor, a Swiss Protestant, Hector Theophile Cramahé, to act for him. Carleton departed early in August and on the 9th Cramahé issued a proclamation declaring that the command had temporarily devolved upon him. In 1771, on July 21st, Cramahé was appointed Lieutenant Governor. Shortly after Carleton’s departure Cramahé sent two petitions to him to be presented to the King’s Most Excellent Majesty.

The first was that of the Quebec and Montreal British free-holders, merchants and traders on behalf of themselves and others. His Majesty is reminded of his direction to governors in his Royal proclamation of the 7th of October in the third year of his reign, that general assemblies should be called as soon as the state and circumstances thereof would admit, in such manner as is used in the provinces of America under His Majesty’s immediate government. The arguments adduced are, that such an assembly would strengthen the hands of government, give encouragement and protection to agriculture and commerce, increase the public revenue and in time would be a happy means of uniting the new subjects in a due conformity to the British laws and customs.

The memorialists represented: “That Your Majesty’s British subjects residing in this province have set examples and given every encouragement in their power to promote industry, are the principal importers of British manufactures, carry on three-fourths of the trade of this country, annually return a considerable revenue into Your Majesty’s exchequer in Great Britain; and though the great advantages this country is naturally capable of, are many and obvious, for promoting the trade and manufactures of the mother country, yet for some time past both the landed and commercial interests have been declining and if a General Assembly is not soon ordered by Your Majesty to make and enforce due obedience to laws for encouraging agriculture, regulating the trade, discouraging such importations from the other colonies as impoverish the Province, your petitioners have the greatest reason to apprehend their own ruin as well as that of the province in general.

“That there is now a sufficient number of Your Majesty’s subjects residing in and possessed of real property in this province and who are otherwise qualified to be members of a General Assembly.”

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.”

The second petition already arranged for, and containing the answer of Cramahé, was prepared and sent to the King’s Most Excellent Majesty, praying him “to direct Your Majesty’s Governor or Commander in Chief to call a general assembly in such manner and of such constitution and form as to Your Majesty, in your Royal wisdom, shall seem best adapted to secure its peace, welfare and good government.” Besides the copy sent through Cramahé to Dartmouth, the committee sent another to Masères to enable him to present their case and to communicate its purport to their mercantile associates in London. The signatures of the Quebec subscribers, dated December 31, 1773, numbered sixty-one, those of Montreal dated January 10, 1774, reached eighty-one.

Cramahé’s comment on these signatures in his letter to Dartmouth reads: “It may not be amiss to observe that there are not above five among the signers to the two petitions who can be properly styled freeholders and the value of four of these freeholds is very inconsiderable. The number of those possessing houses in the towns of Quebec and Montreal, or farms in the country held of the king for some private seigneur upon paying a yearly acknowledgment, is under thirty.”

As an offset, the memorial to the petition sent by the seigneurs and principal Catholics about February, 1774, and made in opposition to an assembly, urges the granting of their request “because we possess more than ten out of twelve of all the seigneuries of the province and almost all the lands of the other tenures or which are holden by rent service.”

In addition to the petition to the king signed by the “ancient and loyal subjects” of Quebec and Montreal, two memorials to Lord Dartmouth were separately sent by the promoting committees at either place. These seemed to have been presented through Masères since they are not indorsed, as were the petitions to the king, as received through Cramahé.

The Montreal memorial urging the furtherance of their petition is dated Montreal, January 15, 1774, and signed by a committee appointed at a general meeting of the inhabitants of Edw. W. Gray, R. Huntley, Lawrence Ermatinger, Will Haywood, James McGill, James Finlay, Edward Chinn.

The memorial included a new element, viz., “Your Lordship’s memorialists further see with regret the great danger that children born of Protestant parents are in of being utterly neglected for want of a sufficient number of Protestant pastors and thereby exposed to the usual and known assiduity of the Roman Catholic clergy of different orders who are very numerous and who for their own friends have lately established a Seminary for the education of youths in this province, which is the more alarming as it excludes all Protestant teachers of any science whatever.” The name of James McGill, the founder afterwards of McGill University, is significant, therefore, on this petition.

The counter petition and the memorial accompanying it, signed by sixty-five of the noblesse, followed in February, 1774. Thus the duel went on. We delay recounting its outcome till the case for the Seigneurs is more fully disclosed in the next chapter.

FOOTNOTES:

[1] Witness the appeal for Murray’s recall. Thomas Walker is said to have brought ten thousand pounds into the province.

[2] M. Lothbiniere, the representative of the noblesse in London said that he doubted whether more than four or five persons in a parish could read.