“It is probable,” he says, “that at no period in the history of
Canada were legal questions so much discussed among the mass of
the population as in the first ten years of the English _régime_.
This is not surprising when we consider that the question whether
the English or the French law was in force in the Province
was one of no little difficulty. It was contended with much
plausibility that Murray’s Ordinances were of no legal validity
because, under the King’s proclamation, legislative authority
in the Province was to be exercised only by the governor with
the consent of a council and assembly, and that no assembly had
ever been summoned. This is not the place for a discussion of
this subject. I prefer the view of those who maintain that the
English law was introduced by the proclamation of 1763. The case
of Campbell and Hall is sufficient authority for the proposition,
that the King had the power without parliament to alter the law
of Quebec. It seems to me that the natural construction of the
proclamation itself is, that the King intended to introduce
the English law there and then. Murray, as Masères says in his
very convincing argument, ‘meant only to erect and constitute
courts of judicature to administer a system of laws already in
being, to wit, the laws of England.’ The whole affair was to a
great extent a misunderstanding. The English government had no
intention to force the English laws on an unwilling people. They
understood that they were giving ‘Home Rule’ to the Province of
Quebec, and expected that the Canadians would abrogate such parts
of the English law as they did not consider suitable, and would
re-enact the portions of the old French law which they desired to
retain. They did not foresee that, owing to the impracticability
of calling an assembly, the Province would be left without any
authority competent to legislate.”
It was, indeed, a time of great misunderstanding.
NOTE
GOVERNORS UNDER BRITISH RULE
As it may be convenient henceforth to omit mention of the advent
of successive governors, this list is appended for the purpose of
reference.
* (Gen. Jeffrey Amherst) 1760
* Gen. James Murray 1763
P. Aemilius Irving (President) 1766
* Gen. Sir Guy Carleton (Lieutenant Governor and Acting
Governor General) 1766
H.G. Cramahé 1770
* Gen. Sir Guy Carleton 1774
* Gen. Frederick Haldimand 1778
Henry Hamilton (Lieutenant Governor) 1784
Henry Hope (Lieutenant Governor) 1785
* Lord Dorchester (Guy Carleton) 1786
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