The province of Quebec and the early American Revolution : a study in English-American colonial history

Preface

The present study was undertaken as one in English colonial history, and my first thought was closely to investigate governmental conditions in those parts of North America that did not join in the movement of revolt, not only just before and during the War of Independence, but also for such a period beyond that struggle as might show its more immediate effects on English colonial policy. The claims of other work have required the abandonment of the greater part of this undertaking, and the present publication deals only with the Province of Quebec, from its acquisition in 1760 down into the Revolution. As an institutional study the investigation ends with the Parliamentary settlement of the constitution of the province by the Quebec Act of 1774; but as a contribution to the history of the American revolution it has gone far enough into the first years of the war to show the main connections of Canada with that event. These connections seemed to offer an important and unexplored field of investigation, and have therefore been emphasized to a degree not originally intended. On both sides of my work — institutional and revolutionary,— the Quebec Act becomes the central point.

With regard to the institutional aspect I have kept in mind, not only the ordinary tasks of government, but also the raner and more difficult problem of the grafting of English governmental ideas on an alien society. The effort to contribute to American revolutionary history has been guided in the first instance by the idea of tracing, through the critical years immediately preceding the outbreak, the bearing of the Imperial government in an obscure corner

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PREFACE, where a freer hand was given to it than elsewhere; later there are encountered the obscure and important questions connected with the general colonial bearing of the Quebec Act, with its special influence on the early revolutionary struggle, and with the attitude of the Canadians toward that event. On these latter points I have been obliged, though entering upon the investigation without bias or controversial intent, to present my results in more or less of a controversial style and to go somewhat largely into the evidence. For in regard to them I am strongly at variance with the hitherto prevailing opinions; being forced to conclude both that the_pro visions of the Quebec Act were neither occasioned nor appreciably affected by .conditions in the other colonies, and that, far from being effectual in keeping the mass of the Canadians loyal to the British connection, the measure had a strong influence in precisely the opposite direction. The Canadians were not kept loyal, and Canada was preserved at this crisis to the British Empire through the vigor and ability of its British defenders, and through the mismanagement of their cause on the part of the revolutionists. As to the hitherto accepted belief with regard to the origin and aims of the Act, I need direct attention only to the Declaration of Independence and other utterances of the Continental Congress, and to the almost unvarying statements of American historians ever since. The belief in its beneficial influence in Quebec has been nearly as uninterruptedly held; even by those who admit its disastrous influence on the course of events in the other colonies, it has been constantly regarded as a chef- oeuvre of political wisdom and humanity.^ With this view I have no sym-

1 Lecky, though laying stress upon its distastefulness to the other colonies, speaks of it as especially important in the history of religious liberty, and as the result of the government having resolved, “as the event showed very wisely, that they would not subvert the ancient laws of the Province, or introduce into them the democratic system which existed in New England.” mistory of Enplane! in the Eighteenth- Century, III, 399). For modern Canadian expressions of similar views, as well as for asseverations con-

PREFACE.

V pathy, and I have steadily combated it in the conviction that the Quebec Act is really one of the most unwise and disastrous measures in English Colonial history. It will be shown below that it was founded on the misconceptions and false information of the Provincial officials; that though it secured the loyal support of those classes in Canada, — the clergy and the noblesse, — whose influence had been represented as all important, at the critical juncture this proved a matter of small moment. For the noblesse were found to have no influence, and that of the clergy was found in main measure paralyzed by the provision which had again laid on the people the burden of compulsory tithes. Without the Act the old ruling classes, there is every reason to believe, would have taken precisely the same attitude, and the people would not have been exposed to those influences which ranged them on the side of the invader. Apart from Canadian affairs, the disastrous effect of the measure on public feeling in the older provinces must be strongly considered in any estimate as to its expediency.

Judgment as to the general political wisdom, in distinction from the expediency, of this settlement of the constitution (and as it proved, largely of the history), of Quebec, will depend mainly on the view taken of certain general political facts and problems connected with the later history of British North America; aspects which I revert to more specially in my conclusion. A factor in the decision must, however, be the opinion held of the character and spirit of the administration to which that settlement was immediately due. An examination of the antecedents of the Act will indeed, I think, establish the conviction that the main desire of the authors of the measure was to further the security and

cerning the unshaken loyalty of the French Canadians, see Watson, Constitutional His tory of Canada; Lareau, Hist. Droit Canadien; Ashley, Lectures on Canadian Constitutional History ; iBonxinot, Parliamentary Procedure and Practice in Canada. Mr. Kingsford, the latest and best of Canadian historians, while admitting the disaffection of the Canadians at the beginning of the war, represents it as only momentary, an d warmly defends the policy, expediency, and success of the Act.

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PREFACE.

prosperity of the Province and fulfill treaty obligations toward the French Canadians, and will show that there is practically no evidence of more insidious aims with regard to colonial affairs in general. But it will also appear that the step was accompanied by manifestations of an arbitrary policy, and that it was taken at a moment when its authors were exhibiting in other ways real evidences of hostility to the free spirit of American self-government. It would be surprising indeed to find a high degree of wisdom and enlightenment displayed in any colonial measure that emanated from the ministry of Lord North. The careful and candid student will on the whole, I think, come to the conclusion that though there are in the annals of that ministry many more discreditable achievements than the Quebec Act, no single step taken by it has been more politically disastrous than that which, beside increasing the colonial difficulties of the moment, is mainly responsible for the continued burdening of modern Canadian life with a steadily growing problem of national divergence.

My sources of information are stated in detail in Appendix II. The main study is based almost entirely on the manuscript copies of British State Papers in the Canadian Archives (the more important ones being also examined in the originals or original duplicates of the London Colonial and Record offices) ; though I have used with profit all the later material that was available, I am not conscious of any such obligations as would call for more special notice than has been given throughout in my notes. An exception however must be made in regard to Dr. William Kingsford’s History of Canada, now in course of publication. The high value of Dr. Kingsford’s book has been already fully recognized, and I very heartily concur in the recognition. My own main work on the period he has already covered has been done indeed in entire independence, and our conclusions frequently differ; but still my more intensive investigation owes a great deal to his more general and most

PREFACE.

Vll suggestive views. The material used for the general Western aspects of this study has been found mainly in the invaluable library of the State Historical Society of Wisconsin. With regard to personal assistance, I am heavily indebted to Dr. Douglas Brymner, the well-known Canadian Archivist, and to the late Professor Herbert Tuttle of Cornell University. Dr. Brymner has not only facilitated in every way my use of both the Canadian and the English Archives, but has supplemented this assistance by the steady help of that wide and accurate knowledge and keen judgment to which American historical scholarship already owes so much. In Professor Tuttle’s seminary the study was begun in the ordinary course of post-graduate work; that early stage of it owes a great deal to his searching and suggestive criticism, as does its whole progress to the abiding inspiration of his own work and methods. I wish also to express my obligation to Professor Frederick J. Turner, the Editor of this series, for very helpful discussion on various points, and for careful and suggestive proof-reading throughout.

TABLE OP CONTENTS.

Introduction

PAGE.

“English establishment in Quebec 275

The “ Military Rule,” 1760-4 275^

Outline of constitutional history, 1764-91 277'^

Abstract of Quebec Act, 1774 278

Material conditions, 1760-74 278^

Chapter I. The French Canadians

A. Oeneral.

Official characterizations 282

^ Difficulty as to such statements 283

General religious petitions, 1764 284

Relations between seigneur and habitant 285^

Pacific attitude of the people 286

.*a2>Emigration to France 287

Popular perception of changed conditions 288

Attitude toward specific matters 290 '

Watchfulness of officials 291

Absence of popular movements 292

Elements of political education 293 ^

Evidence as to political progress 294'

The bourgeoisie 295

B. The Noblesse and the Clergy.

General official statements as to Noblesse 297

Political manifestations of noblesse 298

The Clergy in the “Military Period ” 299

Satisfactory conduct of Clergy throughout 301

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Chapter II. The British Settlers

A. Numbers, Origin, Occupations, Character.

PAGE,

Numbers 30S

Birth and early life 303

Americans and non-Americans 304

Occupied mainly in trade 305 "^

Connection with the land 306

Antagonism to of Provincial executive 306

As shown in general official reports 307 —

Injustice of this attitude .309

B. Political Attitude.

Prevalence of the American spirit 309

Apparently intolerant attitude 310

The two sections of the party 310

x^ls^The Grand Jury of 1764 311

Petition against Murray, 1765 313

Opposition to customs duties 313

The general ground of this 314

The Province and the Stamp Act 316

Commercial memorials, 1770 318

Petitions for an Assembly, 1768-74 318

The British party and the Civil law 320'

C. Relations with the French Canadians.

Hostility to the noblesse 321

Increasing influence with people 322

Traces of this 323

No evidence of irreconcilable conditions 324

Chapter III. The Provincial Government

A. General Status.

A Crown Colony without an Assembly 326

Viewed from standpoint of Constitutional legist 326

Proclamation of 1763 the constitutional basis 328 —

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Unconstitutionality of the actual government 1764-74 328

Parallel case in Nova Scotia, 1749-55 329

Instructions to Quebec Governors 330

Provincial legislation null and void 331

Difficulty as to laws legally subsisting 331

Examination of status of English civil law 332

Bearing of Proclamation of 1763 333

B. General Administration.

The position of the Governor 337

Relation between Governor and Council 338

The Council 339

Legislation of the period 341

Executive work of Governor and Council 343

J udicial work of Governor and Council 343

C. Judiciary. Civil Service.

Organization of Provincial judiciary 344

Recognition of French conditions 346

Important change of 1770 347

Laws actually in use 348

Confusion and difficulty on point 349

Continued use of French law 352

Slight resort of people to courts 354

Injury from confusion and uncertainty 355

Burdensome procedure 356

Abuses of Civil Service 357

Patent offices and fees 358

D. Finances .

Dependent financial position of Province 360

Possible sources of revenue 361

Customs duties 362

Expenditures 363

Chapter IV. The Spirit And Development Of Administration

Scope of the enquiry

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TABLE OE CONTENTS.

A. The Provincial Governors.

PAGE.

Unusual importance of office 365

Governor Murray 366

Policy of Murray’s administration 368

Governor Carleton 369

^ Policy of Carleton’s administration 371

Errors common to both governors 372

Carleton’s attitude toward French 373

The importance of his views in this regard 375

B. The Imperial Office.

Imperial attitude toward French and English 375

Prejudice against the English party 378

General policy of Imperial executive 380

As shown in the fundamental documents 380

The commission of Governor Murray 381

As compared with a Nova Scotian one (1749) 382

With a New York one (1754) 383

Bearing of the divergences 384

Commissions and Instructions of Carleton 384

Official relations of Imperial and Provincial authorities (Note) 386

Special interpositions of Imperial executive 386

In regard to legislation 387

Executive interferences 388

Hillsborough and inter-provincial Congresses 389

Chapter V. The Quebec Act, — Its Origins And Aims

Special interest of the Act

The different aspects of its importance

A. Preliminaries.

Long delay of the settlement of the government 391

Instability of English administrations, 1760-70 392

General references to Canadian affairs, 1764-74 393

Appearance of the Quebec Bill, May 2, 1774 394

The Commons’ Debates on Quebec Bill 395

Small attendance in House 397

TABLE OF CONTENTS.

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B. History of Main Provisions.

a. Boundaries.

PAGE.

Importance of this feature as affecting general Western history 398

Modern views in regard to it 398

The idea of change in British policy, 1760-3 399

Slightness of evidence produced therefor 400

Pertinent circumstances attending treaty of Paris, 1763 400

Political writing and the new acquisitions 401

Arguments used in Parliamentary debates 403--/^

Bancroft and Lecky on the Treaty 404

The Proclamation of October, 1763 405

Implied duplicity of its language 406

Profession of solicitude for Indians 406

Real meaning of this 407

Causes for anxiety about Indians 408

Previous Imperial attitude on matter 409

Proclamation of 1763 only the culmination of this 411

The special question as to limits of Canada 411

Absence of definite idea of limits at peace 412

Preliminary consideration of matter 413

Proclamation in this regard only a partial settlement 415

Disorganization of fur-trade in delay of full provision 416

Steady increase of injury and danger 417

Natural result the extension of Quebec 419

Discussion of matter in Quebec Act Debates 420

Statements of Wedderbourne and Lyttleton 420 y

Simply expressions of old colonial policy 423

As is also the whole treatment of matter 423

The steady attitude of the Board of Trade 424/

Expression of it in 1768 424

Pranklin and Hillsborough on this 426

“ Vandalia ” grant in 1772 no disproof of this 426

For this region on different basis 427

As shown by Reports of 1768 and 1772 428

■Old policy still existing north of Ohio 429

William Knox on the point 429 '

Disastrous character of this Western policy 431-/

b. Beligion.

Lecky and Continental Congress on this provision 432

Government and the Roman Catholic Church in Canada 433

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TABLE OF CONTENTS.

PAGE..

Eeai import of the Treaty provision 431

Concessions in regard to the Bishop 435'

Instructions to Carleton, 1768 437

Exact force of provisions of 1774 438

No real Establishment of Roman Catholic Church 439

As shown by Carleton’s Instructions, 1775 439

Provisions of these in favor of Church of England 440'

Discussion of subject in Commons, 1774 441

Position of Roman Catholic Church but slightly improved 442.

Treatment of Church in Island of Granada, 1763-8 444

Government influenced mainly by Treaty obligations 446

As shown by illiberality elsewhere 447

Liberal conduct toward Church throughout period 447

Attitude toward regular clergy 449'

c. Civil Law.

Establishment of French law, 1774 450'

But English law not properly “ abolished.” 451

Development of policy in this matter, 1763-74 451

^ Carleton’s vigorous views 455

Reports of Provincial officials 456

Important change in regard to land- granting, 1771 457

Reasons for and meaning of this 458

P-The legal provision in the Commons, 1774 460

Instructions to Carleton, 1775 461

d. Legislative Assemhly.

Arbitrary appearance of denial of this 463

Board of Trade on, in 1765 463

Presumption of Assembly in later Instructions 464

Report of Wedderbourne, 1772 465

/Discussion of matter by Maseres, 1773 467

^The import of his views 468

Debate in Commons, 1774. . . 469'

No evidence of sinister design 471

Absence of such evidence with regard to Act throughout 472

But no reasons for careful concealment 472'

Some reason for open avowal 472

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C. Application of the Act.

PAGE.

New Instructions to Governor, 1775 473^

New development in regard to council 474

Checked by home government 475

Failure of Act to reform official abuses 477

Continued confusion and uncertainty in law 478 |

Anarchy in administration of law, 1775-91 478

Act therefore does not advance good government 479

CHAPTEE VI.

THE QUEBEC ACT AND THE AMERICAN REVOLUTION.

A. The Revolution in the Province of Quebec.

No ground for laudation ot policy of Act.<^

For not intended as this would imply

And did not produce the effects supposed .-f

Disastrous influence on general colonial troubles

Effect on English party in Quebec

Carleton’s report of seditious movements, November, 1774

Correspondence with Boston Committee

Final split in the English party

Tories and Kevolutionists

Latter a small element

Conduct of former throughout war

The Quebec Act and the French Canadians

No ground to expect favorable results on latter

Ground for expecting unfavorable ones

Evidence as to alienating effects

Difficulty as to early reports

Influence of the English malcontents

Fears of the French Canadian leaders

Increase of popular hostility to Act

First shown clearly in American invasion

Early steps of Congress concerning Canada

The mission of John Brown

The flrst military operations (May, 1775)

Carleton attemps to raise militia

His complete failure

Proclaims Martial Law (June 9, 1775)

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PAGE.

Official reports as to continued hostile attitude of people 498

Evidence of Chief- J ustice Hey and M. Badeau 500

Evidence from the Continental forces 501

Inadequacy of some contemporary reflections 504

Futility of efforts of the clergy 505

Defection of Canadians not merely momentary 506

As shown by later careful official reports 507

Widespread nature of the disaffection 510

Statistics as to Canadians on British side 510

Attitude of the 511

Effect of the French-American alliance 512

Courses open to noblesse and clergy 512 /

Quebec Act wholly needless and largely injurious 513VV

B. The Failure of the American Expeditions.

Connection of this enquiry with previous statements 513

No effective use made of Canadian partiality 514*^

Conduct of invaders tends to alienate Canadians 514^

Inadequacy of general causes assigned for failure 514

Colonial authorities as to importance of Canada 515

Keal place of the “ hard money ” difficulty 516

Canadians laid under contribution 517

Continental statements as to ill-treatment of 518*^

General character and conduct of Continental troops 521*^

Statements of commanders 522

, Testimony from the ranks 523

Dangerous influence of Carleton upon latter 525

The last of the expedition 526

General reflections upon it 527

What might have been achieved 528