Canada under British Rule 1760-1900. John George Bourinot
that were enjoyed by the old subjects of the British Sovereign, not only in the valley of the St. Lawrence, but in the rich fur regions of the West and North-West.) The articles of capitulation did not give any guarantees or pledges for the continuance of the civil law under which French Canada had been governed for over a century, but while that was one of the questions dependent on the ultimate fate of Canada, the British military rulers took every possible care during the continuance of the military régime to respect so far as possible the old customs and laws by which the people had been previously governed. French writers of those days admit the generosity and justice of the administration of affairs during this military régime.
The treaty of Paris, signed on the 10th February, 1763, formally ceded to England Canada as well as Acadia, with all their dependencies. The French Canadians were allowed full liberty "to profess the worship of their religion according to the rites of the Romish Church, as far as the laws of Great Britain permit." The people had permission to retire from Canada with all their effects within eighteen months from the date of the ratification of the treaty. All the evidence before us goes to show that only a few officials and seigniors ever availed themselves of this permission to leave the country. At this time there was not a single French settlement beyond Vaudreuil until the traveller reached the banks of the Detroit between Lakes Erie and Huron. A chain of forts and posts connected Montreal with the basin of the great lakes and the country watered by the Ohio, Illinois, and other tributaries of the Mississippi. The forts on the Niagara, at Detroit, at Michillimackinac, at Great Bay, on the Maumee and Wabash, at Presqu' isle, at the junction of French Creek with the Alleghany, at the forks of the Ohio, and at less important localities in the West and South-West, were held by small English garrisons, while the French still occupied Vincennes on the Wabash and Chartres on the Mississippi, in the vicinity of the French settlements at Kaskaskia, Cahokia, and the present site of St. Louis.
Soon after the fall of Montreal, French traders from New Orleans and the French settlements on the Mississippi commenced to foment disaffection among the western Indians, who had strong sympathy with France, and were quite ready to believe the story that she would ere long regain Canada. The consequence was the rising of all the western tribes under the leadership of Pontiac, the principal chief of the Ottawas, whose warriors surrounded and besieged Detroit when he failed to capture it by a trick. Niagara was never attacked, and Detroit itself was successfully defended by Major Gladwin, a fearless soldier; but all the other forts and posts very soon fell into the hands of the Indians, who massacred the garrisons in several places. They also ravaged the border settlements of Pennsylvania and Virginia, and carried off a number of women and children to their wigwams. Fort Pitt at the confluence of the Alleghany and the Monongahela rivers—the site of the present city of Pittsburg—was in serious peril for a time, until Colonel Bouquet, a brave and skilful officer, won a signal victory over the Indians, who fled in dismay to their forest fastnesses. Pontiac failed to capture Detroit, and Bouquet followed up his first success by a direct march into the country of the Shawnees, Mingoes and Delawares, and forced them to agree to stern conditions of peace on the banks of the Muskingum. The power of the western Indians was broken for the time, and the British in 1765 took possession of the French forts of Chartres and Vincennes, when the fleur-de-lys disappeared for ever from the valley of the Mississippi. The French settlers on the Illinois and the Mississippi preferred to remain under British rule rather than cross the great river and become subjects of Spain, to whom Western Louisiana had been ceded by France. From this time forward France ceased to be an influential factor in the affairs of Canada or New France, and the Indian tribes recognized the fact that they could no longer expect any favour or aid from their old ally. They therefore transferred their friendship to England, whose power they had felt in the Ohio valley, and whose policy was now framed with a special regard to their just treatment.
This Indian war was still in progress when King George III issued his proclamation for the temporary government of his new dependencies in North America. As a matter of fact, though the proclamation was issued in England on the 7th October, 1763, it did not reach Canada and come into effect until the 10th August, 1764. The four governments of Quebec, Grenada, East Florida, and West Florida were established in the territories ceded by France and Spain. The eastern limit of the province of Quebec did not extend beyond St. John's River at the mouth of the St. Lawrence, nearly opposite to Anticosti, while that island itself and the Labrador country, east of the St. John's as far as the Straits of Hudson, were placed under the jurisdiction of Newfoundland. The islands of Cape Breton and St. John, now Prince Edward, became subject to the Government of Nova Scotia, which then included the present province of New Brunswick. The northern limit of the province did not extend beyond the territory known as Rupert's Land under the charter given to the Hudson's Bay Company in 1670, while the western boundary was drawn obliquely from Lake Nipissing as far as Lake St. Francis on the St. Lawrence; the southern boundary then followed line 45° across the upper part of Lake Champlain, whence it passed along the highlands which divide the rivers that empty themselves into the St. Lawrence from those that flow into the sea—an absurdly defined boundary since it gave to Canada as far as Cape Rosier on the Gaspé peninsula a territory only a few miles wide. No provision whatever was made in the proclamation for the government of the country west of the Appalachian range, which was claimed by Pennsylvania, Virginia, and other colonies under the indefinite terms of their original charters, which practically gave them no western limits. Consequently the proclamation was regarded with much disfavour by the English colonists on the Atlantic coast. No provision was even made for the great territory which extended beyond Nipissing as far as the Mississippi and included the basin of the great lakes. It is easy to form the conclusion that the intention of the British government was to restrain the ambition of the old English colonies east of the Appalachian range, and to divide the immense territory to their north-west at some future and convenient time into several distinct and independent governments. No doubt the British government also found it expedient for the time being to keep the control of the fur-trade so far as possible in its own hands, and in order to achieve this object it was necessary in the first place to conciliate the Indian tribes, and not allow them to come in any way under the jurisdiction of the chartered colonies. The proclamation itself, in fact, laid down entirely new, and certainly equitable, methods of dealing with the Indians within the limits of British sovereignty. The governors of the old colonies were expressly forbidden to grant authority to survey lands beyond the settled territorial limits of their respective governments. No person was allowed to purchase land directly from the Indians. The government itself thenceforth could alone give a legal title to Indian lands, which must, in the first place, be secured by treaty with the tribes that claimed to own them. This was the beginning of that honest policy which has distinguished the relations of England and Canada with the Indian nations for over a hundred years, and which has obtained for the present Dominion the confidence and friendship of the many thousand Indians, who roamed for many centuries in Rupert's Land and in the Indian Territories where the Hudson's Bay Company long enjoyed exclusive privileges of trade.
The language of the proclamation with respect to the government of the province of Quebec was extremely unsatisfactory. It was ordered that so soon as the state and circumstances of the colony admitted, the governor-general could with the advice and consent of the members of the council summon a general assembly, "in such manner and form as is used and directed in those colonies and provinces in America which are under our immediate government." Laws could be made by the governor, council, and representatives of the people for the good government of the colony, "as near as may be agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies." Until such an assembly could be called, the governor could with the advice of his council constitute courts for the trial and determination of all civil and criminal cases, "according to law and equity, and as near as may be agreeable to the laws of England," with liberty to appeal, in all civil cases, to the privy council of England. General Murray, who had been in the province since the battle on the Plains of Abraham, was appointed to administer the government. Any persons elected to serve in an assembly were required, by his commission and instructions, before they could sit and vote, to take the oaths of allegiance and supremacy, and subscribe a declaration against transubstantiation, the adoration of the Virgin, and the Sacrifice of the Mass.
This proclamation—in reality a mere temporary expedient to give time for considering the whole state of the colony—was calculated to do