The new Governor soon found that in proportion to the arrogance
of the English-speaking minority demanding an assembly in which
they would be the sole representatives, the noblesse were
becoming increasingly restless, for while accepting the English
criminal law they demanded their French civil code and customs
unmodified. Carleton was inclined to accept this view, but
Masères, the attorney-general, who had presented lengthy reports
on the situation and had pointed out his own remedies, argued
that the English law should be the basis of jurisdiction with the
admission of certain sections of Canadian law and customs which
would have been acceptable to the English inhabitants, also. He
recommended the immediate preparation of a code reviving the
French law relating to tenure, dower and inheritance of landed
property, and the distribution of the effects of persons who died
intestate.
What may have influenced Carleton in his willingness to concede
so much to the demand of the seigneurs was the fear of the
movement spreading in Canada among the seigneurs to cast off
British rule. His attention was drawn to Montreal as the center
of the secret negotiations and dissatisfaction. General Murray
in his letter of October 29, 1764, had already pointed out to
the Lords of Trade and Plantation the difficulties likely to be
created there if the Canadians were not accepted on juries. “I
beg leave,” he says, “further to represent to Your Lordship that
a lieutenant-governor at Montreal is absolutely necessary; that
town is in the heart of the most populous part of the province.
It is surrounded by the Indian nations and is 180 miles from
the capital. It is there that the most opulent priests live and
there are settled the greatest part of the French noblesse,
consequently every intrigue to our disadvantage will be hatched
there.” (“Canadian Archives,” Vol. II, page 233.)
One of the causes of General Murray’s allusions to plots at
Montreal at this time may have been the presence of Ensign
William Forsyth who had commanded an independent patrol of
Scotch settlers in New Hampshire during the Indian war along the
border, shortly after the session of Canada in 1763. He had been
wounded and escaped to Montreal. He was related to several of
the Canadian noblesse, particularly that of the Denys family. It
is suggested that on the occasion of this visit there may have
been planted the germs of an alliance between the French noblesse
and the Scotch legitimists in favour of a Stuart dynasty which
afterwards ripened into a more complete understanding.
Public-domain text, read in full here on John Shaqi.
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