On August 10th military rule ended in Montreal but Burton
continued on as military commandant.
Burton resigned his governorship in July, 1764. As the position
of governor was not to be continued at Montreal or Quebec, no
one succeeded him. He was confirmed, however, as Brigadier. Yet,
although in command of a few troops, he refused to recognize
Murray as his military superior, hence complications and
conflicts arose. Murray wrote in indignation that if Burton were
removed it would be better for himself and everybody. Murray is
accused by his enemies of quarreling with everybody, but it is
evidently hard on a governor general to have his wings clipped
by having under him in a civil capacity a commander who took his
orders from General Gage of New York. Where the military rights
and civil duties of Burton at Montreal or of Haldimand at Three
Rivers and Murray at Quebec, began and ended, was a harassing
doubt to all three.
On January 11, 1764, letters patent were sent to the first
justices of the peace at Montreal, including Moses Hazen, J.
Grant, John Rowe, Francis McKay, Thomas Lambe, F. Knife, John
Burke, Thomas Walker and others. Among these were two Swiss
Protestants, Catholics being excluded from the office as yet,
owing to the difficulty of their subscribing to the religious
test not being yet solved.
The first general quarter sessions of the peace was held on
December 27, 1764, and there were present Moses Hazen, J. Dumas,
F. McKay, Thomas Lambe and Francis Knife. The court adjourned.
The first case was one of battery and assault.
On August 10, 1764, military rule ceased. The new civil
government brought to a head much of the ill feeling existing
in the city. The tables were now turned, the merchant class,
already become the magistrates, were now in the ascendant and
rancours prevailed. The old-time antipathies between the soldiers
and citizens at New York and Boston were being reproduced in
Montreal. There were no barracks, although the troops had been
there four years. Consequently the system of billeting became
necessary and caused continual annoyance.
The famous Walker outrage grew out of one of these troubles.
Captain Fraser had billeted a Captain Payne on a French-Canadian.
In the house lodged one of the new justices of the peace who
claimed exemption for the house. In reply he was told that
the justices’ rooms were exempt but not the other rooms, and
on Payne’s persistence in claiming the billet, the magistrate
refused to yield his possession. The case was brought before
Justice Walker, who, as a magistrate, ordered Payne to vacate the
rooms and on his refusing to comply committed him to jail for
contempt. He was released on bail. Two days afterwards, on the
6th of December, 1764, occurred the “Walker outrage,” which has
been described more or less fully in various histories of Canada,
sometimes incorrectly.
Public-domain text, read in full here on John Shaqi.
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