Let us see how the civil government worked out. It was proclaimed
on April 10, 1764, the delay being caused to allow the French
Canadians the eighteen months, stipulated by the treaty of Paris,
in which they might leave the country. Murray had been appointed
governor-general of the province of Quebec by the commission of
November 21, 1763, and the instructions were dated on December
7th. But Murray had not promulgated the new dignity accorded him
till on September 17th, 1764, the first great act of the new
régime being opened by his ordinance establishing civil courts.
It may be briefly stated as follows: there was to be a Superior
Court of judicature or King’s Bench, which should be held at
Quebec twice a year at the Hilary term commencing on January 1st
and at Trinity term on June 21st. Its president should be the
chief justice of Canada. This was William Gregory. This man,
with the attorney-general, Suckling, were soon removed for
incompetency. Later in 1766 a Michaelmas term was added. Montreal
and Three Rivers were to have the chief justices’ court of
assizes and jail delivery after Hilary once a year.
Strangely enough, though not unnaturally, Murray had inserted
a clause in the act which was afterwards violently objected to
by the English merchants as going beyond his commission, viz.,
that _all the subjects of the colony_ could be called upon
without distinction to take their place on the jury. Murray had
to explain this to the English government and accordingly with
the copy of the above act sent, he remarked to the following
effect: “As there are only two hundred Protestant subjects in
the province, the greater part of which is composed of disbanded
soldiers of small fortunes and of little capacity, it is
considered unjust to prevent the Roman Catholic new subjects from
taking part on juries, for such an exclusion would constitute
the said two hundred Protestants perpetual judges of the lives
and fortunes not only of the eighty thousand new subjects but of
all the military in this province. Moreover, if the Canadians
are not admitted to juries many will emigrate.” Murray felt that
his position might not carry, for he adds: “This arrangement is
nothing else than a temporary expedient to leave affairs in their
present state until the pleasure of His Majesty on this critical
and difficult point be made known.”
Besides the superior court there should be an inferior court of
“Common Pleas” to settle civil cases involving sums of beyond
ten _louis_. Beyond twenty _louis_ there was appeal allowed to
the superior court. If desired there could be juries called in
this court. French advocates and proctors could practice in this
court, though not in the superior court. Murray explains the
liberty taken by him in allowing this: “Because we have not as
yet a single English advocate or proctor understanding the French
language.” He also observed that the court of common pleas was
established solely for the protection of the French Canadian.
Public-domain text, read in full here on John Shaqi.
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