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Governor Murray

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The commissions to the governors were framed in accordance with the principles stated in the proclamation of October 7, 1763, and, after Pitt had graciously declined free transportation to political obscurity via Canada,[1] General Murray was entrusted with the civil government of the Province of Quebec. In the administration of the government Murray was assisted by a council composed of the leading officers of government together with eight persons chosen by the governor from the inhabitants of the province.

Murray's real difficulties now began. Such were the divisions in the character of the people, and so great were the diversities of their interests, that a clash was inevitable. The seigneurs had been the special object of Murray's attention. Though no longer able to support the dignity of an aristocracy, they still preserved their patrician character. Trade and commerce they despised, and by natural affinity they were attracted to the military class. Social intercourse welded a firm union between them and the British officers. The French-Canadian inhabitants composed the great mass of the people. They were tillers of the soil, taught by religion and social custom to respect and obey their superiors. Their horizon seldom extended beyond their parish, and their interests were confined to the cultivation of their fields and the strict performance of their religious duties. Of the old subjects of the king none were more interesting than the actual conquerors of the colony. These soldiers and officers of the army were a distinct factor in its early political history. They had been associated with Murray during the period of military rule, and had formed a lively sympathy for the ancient French inhabitants. Justly proud of their profession, they entertained nothing but contempt for the vulgar commercial classes.

It was in such a soil as this that British trade was to be established. The proclamation of 1763 had expressly encouraged British emigration and had promised the old subjects in Canada the benefit of the laws of England. Nothing was more natural than that the London merchants should seize this splendid opportunity to extend their trade. But the creation of commerce with Canada required the development of production and industry in the province. It introduced a spirit alien to the life of the colony and clashed with the prejudices of the French Canadians. Not only so, but it aroused their fears and created a suspicion that these alien interlopers were cherishing designs on their homes and properties. The interests of trade and commerce were thus brought into conflict with those with which Murray was most intimately associated. Although there were doubtless among the traders men of character and ability, there was also another more clamorous element which gave to the trading community its unhappy reputation. Murray, who had no occasion to love them, at one time characterized them as the most immoral collection of men he had ever known. Again, writing to the Lords of Trade, he refers to them as 'chiefly adventurers of mean education, either young beginners, or, if old Traders, such as have failed in other countrys. All have their fortunes to make and are little solicitous about the means, provided the end is obtained.'[2]


Civil government was not formally established until August 1764. The first problem which required Murray's attention was the establishment of courts of justice. Accordingly, in the September following, an ordinance was passed constituting a Court of King's Bench, for the trial of criminal and civil causes, agreeable to the laws of England; a Court of Common Pleas for the trial of civil causes alone; and a Court of Appeals.[3] The Court of Common Pleas was designed particularly for the benefit of the French Canadians, and the ancient customs of the colony were admitted in cases which arose prior to 1764. If demanded by either party, trial by jury was granted, and, much to the displeasure of the incoming English, French Canadians were admitted as jurors.

The constitution of a Grand Jury in connection with the sitting of the court at Quebec in October 1764 afforded the representatives of the traders an unequalled opportunity to state their grievances. The difficulty of Murray's task in conducting the administration may be better appreciated in the light of their demands.[4] They were greatly concerned with the observance of the Sabbath and found that 'a Learned Clergyman of a moral and exemplary life, qualified to preach the Gospel in its primitive Purity in both Languages, would be absolutely necessary.' Further, they represented that 'as the Grand Jury must be considered at present as the only Body representative of the Colony, they, as British subjects, have a right to be consulted, before any Ordinance that may affect the Body that they represent, be pass'd into a Law, and as it must happen that Taxes levy'd for the necessary Expences or Improvement of the Colony in Order to prevent all abuses & embezzlements or wrong application of the publick money.' To prevent the abuses and confusions too common in such matters they proposed that 'the publick accounts be laid before the Grand Jury at least twice a year to be examined and check'd by them and that they may be regularly settled every six months before them.' They graciously informed His Excellency that they apprehended that certain clauses of the ordinance establishing courts were unconstitutional and ought forthwith to be amended. The French-Canadian members of the jury signed the presentment, but that it was in ignorance of its contents and spirit can well be understood when it is seen that the Protestant jurors added a supplemental article protesting against the admission of the French Canadians to juries as 'an open violation of our Most Sacred Laws and Liberties, and tending to the utter subversion of the protestant Religion and his Majesty's power, authority, right and possession of the province to which we belong.' Is it any wonder that Murray should have characterized these men as 'little calculated to make the new subjects enamoured with our Laws, Religion and Customs, far less adapted to enforce these Laws and to Govern'?[5]

[1]Frederic Harrison in his Chatham, in the 'Twelve English Statesmen' series, says of Pitt that 'Bute pressed him to accept the governorship of Canada, with a salary of five thousand pounds, or the chancellorship of the Duchy with its large salary' (p. 130).
[2]The Canadian Archives, Q 2, p. 377.
[3]For a description of the judicial system of Quebec see p. 436.
[4]The Presentments of the Grand Jury are given in full in Canadian Constitutional Documents, 1759-91, Shortt and Doughty, 1907, p. 153.
[5]Murray to Shelburne, August 20, 1760: the Canadian Archives, B 8, p. 1.
Canada and its Provinces

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