A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
Murray’s commission as governor empowered him, ‘so soon as the
situation and circumstances of our said province under your
government will admit thereof, and when and as often as need shall
require, to summon and call General Assemblies of the freeholders
and planters within your government.’ But by the terms of the
commission a council was joined with the governor and Assembly
as the authority for making laws and ordinances, and the Royal
Instructions provided that, pending the calling of a General
Assembly, the governor was to act on the advice of his council in
making regulations, which would have the force of law, and which
were, as a matter of fact, styled ordinances, certain important
subjects, such as taxation, being excluded from their scope.
Thus, until representative institutions could be given to Canada,
legislative and executive authority was placed in the hands of
the governor acting on the advice of a nominated council. But the
council, again, was constituted on liberal lines, as its members
were to be the Lieutenant-Governors of Montreal and Three Rivers,
the Chief Justice of the province of Quebec, the Surveyor-General
of Customs in America for the Northern district, and ‘eight other
persons to be chosen by you from amongst the most considerable of
the inhabitants of, or persons of property in, our said province’.
From the first, therefore, it was intended that the unofficial
element in the council should outnumber the officials--evidence,
if evidence were wanted, that it was desired to govern Canada in
accordance with the wishes of the people.
[Sidenote: Courts of justice established.]
[Sidenote: Causes of the difficulties which arose.]
Immediately after civil government had taken the place of
military rule, an ordinance was, in September, 1764, promulgated,
constituting courts of justice, the law to be administered being
in the main the law of England, and trial by jury being introduced
without any religious qualification for jurymen. One provision in
the ordinance, it may be noticed in passing, abolished the district
of Three Rivers, which had hitherto been, like Montreal, in charge
of a Lieutenant-Governor. Thus Canada was started on its course as
a British colony, with the best intentions, the prospect of such
self-government as other American colonies enjoyed, British law
and justice, and above all a governor who was in sympathy with the
people, and earnestly worked for their good; but difficulties arose
almost immediately, and the causes of them are not far to seek.
[Sidenote: The religious question.]
Public-domain text, read in full here on John Shaqi.
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