A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
But most of all it was necessary to mete out fair and liberal
treatment to the new subjects, the French Canadians, and make
them contented citizens of the British Empire. This object,
Englishmen naturally argued, could best be attained, first, by
securing ‘the ancient inhabitants in all the titles, rights, and
privileges granted to them by Treaty’[40]; and secondly, by giving
the Canadians as soon as possible the laws and institutions
which British subjects valued and under which they had thrived,
by assimilating Canada as far as possible in these respects to
the neighbouring British colonies. Accordingly the Canadians were
from the first to enjoy the benefit of the laws of England, and
courts of justice were to be established with power to determine
all causes criminal and civil ‘as near as may be agreeable to the
laws of England’. The question of religion was ignored in the
proclamation; freedom of worship had already been guaranteed to
the Roman Catholics by the 4th Article of the Peace of Paris,[41]
and Murray’s instructions were that he should ‘in all things
regarding the said inhabitants, conform with great exactness to
the stipulations of the said treaty in this respect’. There the
matter was left for the moment, though Murray’s commission provided
that the persons who should be elected as members of the future
Assembly were to subscribe the declaration against Popery, enacted
in Charles the Second’s reign, which provision would have excluded
Roman Catholics from sitting in the Assembly.
[Sidenote: Liberal intention of the Proclamation of 1763.]
There is no question that the proclamation itself was conceived in
a wise and tolerant spirit. There was every intention to safeguard
the best interests alike of the French Canadians and of the
Indians; to give to the latter the protection of Imperial rule,
to give to the former the benefits of British laws, and as far as
possible the privileges of British citizenship. The proclamation,
too, was not drawn on hard and fast lines. As soon as circumstances
permitted, and not before, representative institutions were to be
introduced, and the laws were not to be necessarily the laws of
England, but ‘as near as may be agreeable to’ the laws of England.
[Sidenote: Murray’s Commission.]
[Sidenote: The Council of government.]
Public-domain text, read in full here on John Shaqi.
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