CALIFORNIA.

CHAPTER III.

THE QUEBEC ACT OF 1774.

The province of Quebec remained for eleven years under the system of government established by the proclamation of 1763. In 1774, Parliament intervened for the first time in Canadian affairs and made important constitutional changes. The previous constitution had been created by letters-patent under the great seal of Great Britain, in the exercise of an unquestionable and undisputed prerogative of the Crown. The colonial institutions of the old possessions of Great Britain, now known as the United States of America, had their origin in the same way. But in 1774, a system of government was granted to Canada by the express authority of Parliament. This constitution was known as the Quebec

Report of Committee of Council, 1st May, 1849, app. A., vol. ii. Earl Grey's Colonial Policy.

2 14 Geo. III., c. 83, "making more effectual provision for the government of the province of Quebec, in North America." The bill, on the motion for its passage, with amendments, in the House of Commons, was carried by 56 yeas to 20 nays. In the House of Lords it had a majority of 19; Contents 26, Non. Con. 7. Cav. Deb. iv., 296.

Act, and greatly extended the boundaries of the province of Quebec, as defined in the proclamation of 1763. On one side, the province extended to the frontiers of New England, Pennsylvania, New York province, the Ohio, and the left bank of the Mississippi; on the other, to the Hudson's Bay Territory. Labrador, and the islands annexed to Newfoundland by the proclamation of 1763, were made part of the province of Quebec.

The bill was introduced in the House of Lords on the 2nd of May, 1774, by the Earl of Dartmouth, then colonial secretary of state, and passed that body without opposition. Much discussion, however, followed the bill in its passage through the House of Commons, and on its return to the Lords, the Earl of Chatham opposed it "as a most cruel, oppressive, and odious measure, tearing up justice and every good principle by the roots." The opposition in the province was among the British inhabitants, who sent over a petition for its repeal or amendment. Their principal grievance was that it substituted the laws and usages of Canada for English law.1 The Act of 1774 was exceedingly unpopular in England and in the English-speaking colonies, then at the commencement of the Revolution.2 Parliament, however, appears to have been influenced by a desire to adjust the

1 Cav. Deb., preface, iii.-vi.

2 The American Congress, in an address to the people of Great Britain, September 5, 1774, declared the act to be "unjust, unconstitutional, and most dangerous and destructive of American rights." (Christie, I., 8-9.) In 1779, Mr. Masères, formerly attorney-general of Quebec, stated that "it had not only offended the inhabitants of the province, but alarmed all the English provinces in America." Cav. Deb., v.

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government of the province so as to conciliate the majority of the people.1 In the royal speech closing the session, the law was characterized as I founded on the plainest principles of justice and humanity, and would have the best effect in quieting the minds and promoting the happiness of our Canadian subjects.'

The new constitution came into force in October, 1774. The Act sets forth among the reasons for legislation that the provisions made by the proclamation of 1763 were "inapplicable to the state and circumstances of the said province, the inhabitants whereof amounted at the conquest, to above sixty-five thousand persons professing the religion of the Church of Rome, and enjoying an established form of constitution and system of laws, by which their persons and property had been protected, governed, and ordered for a long series of years, from the first establishment of the province." Consequently, it is provided that Roman Catholics should be no longer obliged to take the test oath, but only the oath of allegiance. The government of the province was entrusted to a governor and a legislative council, appointed by the Crown, inasmuch as it was "inexpedient to call an assembly." This council was to comprise not more than twenty-three, and not less than seventeen

1 Garneau, who represents French Canadian views in his history, acknowledges that "the law of 1774 tended to reconcile the Canadians to British rule." II., 125.

2 Cav. Deb., iv.

Fox contended for a representative assembly, but Lord North expressed his opinion that it was not wise for a Protestant government to delegate its powers to a Catholic assembly. Cav. Deb., 246-8.

members, and had the power, with the consent of the governor or commander-in-chief for the time being, to make ordinances for the peace, welfare, and good government of the province. They had no authority, however, to lay on any taxes or duties except such as the inhabitants of any town or district might be authorized to assess or levy within its precincts for roads and or dinary local services. No ordinance could be passed, except by a majority of the council, and every one had to be transmitted within six months after its enactment to His Majesty for approval or disallowance. It was also enacted that in all matters of controversy, relative to property and civil rights, recourse should be had to the French civil procedure, whilst the criminal law of England should obtain to the exclusion of every other criminal code which might have prevailed before 1764. Both the civil and the criminal law might be modified and amended by ordinances of the governor and legislative council. Owners of lands, however, might bequeath their property by will, to be executed either according to the laws of England or the forms prescribed by the laws of England. The Act also expressly gave the French Canadians additional assurance that they would be secured in the rights guaranteed to them by the terms of the capitulation and the subsequent treaty. Roman Catholics were permitted to observe their religion with

1 A supplementary bill, passed in the session of 1774 (14 Geo. III., c. 88), provided a revenue for defraying expenses of administration of justice and civil government by imposing duties on spirits and molasses, in place of old French colonial custom dues. The deficiency in the expenses was supplied from the imperial treasury. Christie, I., 1-2.

perfect freedom, and their clergy were to enjoy their "accustomed dues and rights" with respect to such persons as professed that creed. Consequently, the Roman Catholic population of Canada were relieved of their disabilities many years before people of the same belief in Great Britain and Ireland received similar privileges. The new constitution was inaugurated by Major General Carleton, afterwards Lord Dorchester,' who nominated a legislative council of twenty-three members, of whom eight were Roman Catholics. This body sat, as a rule, with closed doors; both languages were employed in the debates, and the ordinances agreed to were drawn up in French and English. It was not able to sit regularly, on account of the government being fully occupied with the defence of the province during the progress of the American war of independence. In 1776, the governor-general called to his assistance a privy council of five members, in accordance with the royal instructions accompanying his commission. This advisory, not legislative, body, was composed of the lieutenantgovernor and four members of the legislative council."

1 He was appointed Governor of Canada in 1772; in 1776 created a Knight of the Bath; in 1786 raised to the peerage with the above title. Caven. Deb., 100, note.

2 Several were public functionaries. Garneau, II., 166.

3 Councillors were required to take the following oath:-"I swear to keep close and secret all such matters as shall be treated, debated, and resolved in Council, without disclosing or publishing the same or any part thereof." Doutre et Lareau, 718. * It did not meet during 1776. Garneau, II., 165.

5 Garneau, II., 169. Exception was taken to the legality of this body by Chief-Justice Livius, who contended that the law of 1774 only gave authority to establish a legislative council.