Canada under British Rule 1760-1900Bourinot, John George
History
Canada under British Rule 1760-1900
Bourinot, John George
Canada -- History
territory to their north-west at some future and convenient time into
several distinct and independent governments. No doubt the British
government also found it expedient for the time being to keep the
control of the fur-trade so far as possible in its own hands, and in
order to achieve this object it was necessary in the first place to
conciliate the Indian tribes, and not allow them to come in any way
under the jurisdiction of the chartered colonies. The proclamation
itself, in fact, laid down entirely new, and certainly equitable,
methods of dealing with the Indians within the limits of British
sovereignty. The governors of the old colonies were expressly forbidden
to grant authority to survey lands beyond the settled territorial limits
of their respective governments. No person was allowed to purchase land
directly from the Indians. The government itself thenceforth could alone
give a legal title to Indian lands, which must, in the first place, be
secured by treaty with the tribes that claimed to own them. This was the
beginning of that honest policy which has distinguished the relations of
England and Canada with the Indian nations for over a hundred years, and
which has obtained for the present Dominion the confidence and
friendship of the many thousand Indians, who roamed for many centuries
in Rupert's Land and in the Indian Territories where the Hudson's Bay
Company long enjoyed exclusive privileges of trade.
The language of the proclamation with respect to the government of the
province of Quebec was extremely unsatisfactory. It was ordered that so
soon as the state and circumstances of the colony admitted, the
governor-general could with the advice and consent of the members of the
council summon a general assembly, "in such manner and form as is used
and directed in those colonies and provinces in America which are under
our immediate government." Laws could be made by the governor, council,
and representatives of the people for the good government of the colony,
"as near as may be agreeable to the laws of England, and under such
regulations and restrictions as are used in other colonies." Until such
an assembly could be called, the governor could with the advice of his
council constitute courts for the trial and determination of all civil
and criminal cases, "according to law and equity, and as near as may be
agreeable to the laws of England," with liberty to appeal, in all civil
cases, to the privy council of England. General Murray, who had been in
the province since the battle on the Plains of Abraham, was appointed to
administer the government. Any persons elected to serve in an assembly
were required, by his commission and instructions, before they could sit
and vote, to take the oaths of allegiance and supremacy, and subscribe a
declaration against transubstantiation, the adoration of the Virgin, and
the Sacrifice of the Mass.
Public-domain text, read in full here on John Shaqi.
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