A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
In the second of these letters[62] from which quotations have
been made, Carleton said that he would endeavour to represent
the true situation of the province to the ministers at home, who
were already engaged in considering ‘the improvement of the civil
constitution of Quebec’, lest the King’s servants, with all their
ability, should be at a disadvantage in forming their conclusions
‘for want of having truly represented to them objects at so great
a distance, and in themselves so different from what is to be
found in any other of his dominions’. But it was not merely a case
of the man on the spot advising the men at a distance; the value
of Carleton’s advice was largely due to the fact of his being a
soldier. To this fact must be attributed, in great measure, the
strong sympathy which the soldier-governors felt with the French
Canadians, and on Carleton’s part more especially with the French
Canadian gentry. As Murray had pointed out,[63] the Canadians
were a people of soldiers; they were accustomed to personal rule
and attachment rather than to the rule of the law. To high minded
English officers, themselves brought up in the King’s service,
trained to discipline, to well ordered grades of obedience, the
old Canadian system with its feudal customs was congenial and
attractive, and they resented attempts to substitute for it the
beginnings of undisciplined democracy. Hence Carleton laid stress
on taking Canadian gentlemen into the government service, and on
enlisting companies of Canadian soldiers, in other words, on making
the Canadians feel that they were, as they had been in past times,
the King’s men. Hence, too, we find him in a letter to Shelburne of
April, 1768,[64] recommending full recognition and continuance of
the old feudal tenures of Canada, including ‘a formal requisition
of all those immediately holding of the King, to pay faith and
homage to him at his castle of St. Lewis’. If left to himself, he
would have liked to repeal entirely the Ordinance of September,
1764, which introduced English laws into Canada, ‘and for the
present leave the Canadian laws almost entire;’[65] and, though
he assented to the compromise embodied in the Quebec Act, whereby
the criminal law was to be that of England, while in civil matters
Canadian law and custom were in the main to prevail, we find him in
June, 1775,[66] after war had begun, writing to Dartmouth, ‘For my
part, since my return to this province I have seen good cause to
repent my ever having recommended the Habeas Corpus Act and English
criminal laws.’
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