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During the period of British occupation prior to the Treaty of Paris the government of Canada was vested in the officer commanding the forces. After the capitulation of Quebec, General Monckton, who succeeded General Wolfe in command of the forces at Quebec, appointed Brigadier-General James Murray as governor and Colonel Burton as lieutenant-governor of the conquered territory. As an officer of the army Murray was subordinate to Sir Jeffrey Amherst, commander-in-chief of the forces in North America, while as governor of Quebec he was acting under the instructions of His Majesty’s secretary of state for the Southern department. The relation between Murray and Amherst was not clearly defined, but the confusion, though productive of much personal animosity, did not seriously impair the efficiency of the military government.

As governor of Quebec Murray exercised supreme legislative, executive and judicial authority. The conditions of the colony forced on the governor the rôle of a paternal despot, and his sphere of legislative authority extended to the most minute details of the life of the community. As occasion arose, proclamations and ordinances were published containing such regulations as were considered necessary for the security and comfort of the inhabitants. While the governor himself in many cases acted as magistrate, he was compelled to delegate his judicial functions to subordinate judges.

The capitulation of Montreal in September 1760 completed the conquest of the colony and occasioned a more definite organization of the provisional government. For purposes of administration the territory was divided into three districts, consisting of the towns of Quebec, Three Rivers and Montreal, with the territory depending on each. The government of each district was vested in a governor, who, subject to the approval of the crown, exercised supreme authority within his jurisdiction. The instructions issued to each of the governors by the commander-in-chief ordered him to take possession of the district, ‘governing the same untill the King’s Pleasure shall be known, according to the Military Laws, if you should find it necessary; but I should chuse, that the Inhabitants whenever any Differences arise between them, were suffered to settle them among themselves agreeable to their own Laws and Customs; this toleration nevertheless not to extend beyond what shall appear Consistent with Safety and prudence.’^[1]

Amherst’s instructions to the governors contained directions for the administration of justice. Cases of theft and murder were to be dealt with according to military law, while for the ordinary disputes between inhabitants a less summary process was established. At the base of the new system were the French captains of militia, who, unless they objected, were confirmed in their positions and granted new commissions by the governor of their district. Above the captains of militia were the British officers in command of the troops, while the governor was the head of the system. Cases were brought first to the captains of militia to be settled according to the principles of equity and the accepted customs of the people. More difficult cases were brought to the commander of the troops, and such as could not be settled by this officer were referred to the governor. The governor was empowered to determine cases singly, or, should he desire it, to seek the advice of a military council consisting of the leading officers of the district. While these general features of a judicial system were adopted in each of the districts, minor modifications and extensions were introduced from time to time by the various governors.

[1]	The Canadian Archives, M 216, p. 250.