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Civil versus Military Authority

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The British government was not particularly happy in its selection of civil officers for the colony. Murray complained bitterly that 'the judge pitched upon to conciliate the minds of seventy-five thousand Foreigners to the Laws and Government of Great Britain was taken from a Gaol, entirely ignorant of the Civil Law, and of the Language of the people.' The administrative offices were given to friends of the government in England, who had no interest in the successful government of the colony. The appointments were delegated to deputies ignorant of the language and customs of the people, whose sole interest was to exploit the inhabitants to the full limit of their capacity or endurance.

The relation between the civil and military authority, particularly in Montreal, was the cause of much trouble to the government. Unfortunately the situation was complicated by the lack of cordiality between Murray and Burton. On the promotion of General Gage to the post of commander-in-chief at New York, Colonel Burton was transferred from Three Rivers to Montreal, and was credited with having aspired to the government of the colony. On Murray's appointment as governor, Burton refused the office of lieutenant-governor, but was appointed a brigadier on the American staff with command of the troops at Montreal.

The natural antipathy existing between the soldiers and merchants was aggravated by certain unfortunate incidents connected with the change from military to civil government. It had, at this time, been found necessary to billet the troops in private houses, but the regulations regarding billeting had exempted the homes of magistrates. A captain of the 28th regiment was billeted with a French family with whom one of the magistrates lodged. The magistrates, conceiving this a violation of the ordinance, committed the captain to gaol. The reply of the soldiers assumed a most barbarous form. On the night of November 6, 1764, a group of masked men forcibly entered the home of Thomas Walker, one of the magistrates of the town, and, after violently beating him, cut off his ear. Despite offers of reward and the utmost endeavours of Murray and the council, no reliable evidence could be secured to lead to a conviction of the persons implicated in the outrage. The condition of Montreal at this time was well described by Murray when he said that he 'found everything in confusion and the greatest Enmity raging between the Troops and the Inhabitants ... and a stranger entering the Town from what he heard and saw might reasonably have concluded that two armies were within the Walls ready to fight on the first occasion.'[1] The hostility between the soldiers and the inhabitants was restrained only by the fear on both sides that any outbreak would result in serious bloodshed.

The Walker incident was the symptom of a grave disorder in the life of the colony. The situation was one which presented peculiar difficulties. It had been created by deep-seated prejudices which no action of government could have prevented or removed. But the broader question of the administration of justice was involved. From the small group of Protestant settlers the magistracy of the colony required to be selected. Of their qualifications Murray speaks in terms of contempt, and, after the proper discount has been made, there is no doubt that the magistrates, as a whole, were not such as to command the respect and confidence of the community. Their conduct was frequently such as to aggravate the prejudice and bitterness which already divided the inhabitants of the towns.

[1]Murray to the Lords of Trade, March 3, 1765: the Canadian Archives, Q 2, p. 386.
Canada and its Provinces

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