Augustus Cæsar, he found Rome brick and left it marble, it will be the epitaph of Queen Victoria, that she found loose, uncertain, questionable restraints on conduct, which she replaced by her example and influence with fixed principles of morality and duty, which have become a part of English life throughout the empire, and which have penetrated on both continents into other lands and latitudes. In the days of George II. there were no such theories of propriety: there was a lower horizon of feeling and sentiment, blended with a latitudinarianism which did not even affect concealment. With no limited number, in all conditions, the mistress was looked upon as a portion of the household of the monarch. It had been the doctrine since the days of Charles II., and a royal reckless libertinage came to be considered a necessary feature of kingly dignity. No one would put forward George II. as an example of moral excellence; but it is equally an exaggeration when his character as a monarch is considered, to talk of his mistresses as representative of his life. His error in this respect, to some extent may be affiliated to the time in which he lived. What is conceded by those who have shewn him but little favour is, that he had undoubted courage, proved in the hour of trial; that he was honest, direct in his conduct; and personally honourable. He recognized the constitutional character of his sovereignty, and never attempted to violate it. In the discharge of his duties as king, he was industrious, painstaking and conscientious; he shewed his sympathy with the people by never attempting to infringe upon their liberties. He understood continental politics better than any of his ministers. His reign was one of the happiest and most prosperous on record; and the final years of his rule can be ranked among the most glorious of the annals of the empire; as the narrative of the events, I have endeavoured to give in this volume, helps to establish. He was moderate in his personal expenditure, indeed he is accused of loving money. No sovereign was ever more careful of the public treasure. There is no scandal of deceit, or want of straightforwardness 1760] THE NEW SUBJECTS. 437 and truth towards his ministers. He had naturally a love for his electorate, and he availed himself of his position as king of England to sustain it. His policy was to assure the safety of Europe against French domination, the danger of which had not passed away: a policy in which Great Britain was directly interested. Opinion has lately been awakened to the merits of George II.; not the least of the causes, which lead to their recognition, is the consideration now given to the early years of the reign of his successor, the political disorganization which ensued, owing to the introduction into. official life of the incompetent Bute, by the merely personal predilections of the king; and that so inferior and inexperienced a person should have been intrusted with the negotiations of an important peace. Had George II. lived, and Chatham remained at the head of affairs, the terms of peace would have been free from those objections which can be urged against them, and possibly peace itself would have been earlier obtained. Chatham's name still carried with it dread and fear; the power of Great Britain was then at its height; faction was silenced; the people of one mind to carry on the war, and the country was never so formidable. One assertion may safely be made: Great Britain would never have disgracefully deserted her ally, the king of Prussia; the personal honour and courage of George II. would have revolted at such contemptible meanness. The capitulation of Montreal surrendered the whole of Canada to Great Britain, and accordingly it became necessary to establish a form of government by which order would be preserved. It was indispensable likewise to provide machinery by which the business of life should proceed with, decency and security. Whatever system was introduced, it could be regarded only as temporary, but however short the period it had to endure, it had to be well considered and efficient. The problem to some extent had been assisted by the year's possession of Quebec by Murray. That period, however, had been one of war. Murray himself had been attacked late in April, and during the last months he had taken part in the active operations which concluded the contest. The period has come down to us under the name of the règne militaire," as given by French Canadian writers, and the term to a certain extent has become accepted. It lasted nearly four years, from September, 1760, to October, 1764. There are, moreover, those who having never investigated the facts, and imperfectly recognizing the necessity for establishment of some institutions for the maintenance of law and order, have accepted its nomenclature as indicative of the harshest and most unjust domination, and the government has been misrepresented as one of continual wrong and persecution. No opinion can be more ill-founded. The greatest care was taken to conduct the government in accordance with the old customs of the province, and, in conformity with the law which had hitherto prevailed in Canada, the one desire was to provide for the well-being and contentment of the people. Three French Canadian writers, a half century back, carefully investigated this matter, and have placed their opinions on record. They were not politicians, intent on exciting the passions and trading on the prejudices of their countrymen. They had not their own interest in view, and did not trust to recklessness of statement to advance their fortunes. In private life they were men of honour, with strong love of race and country, who were among the first to rescue the history of the past, and who had deep at heart the advancement and prosperity of the French Canadians. These three men were Mr. Jacques Viger, Dr. Labrie and judge Dominique Mondelet.* I have to acknowledge my obligations to the memoir of the Historical Society of Montreal published in 1872, "Règne Militaire en Canada, ou Adminis tration Judiciare de ce pays par les Anglais du 8 Septembre 1760 au 10 Aout 1764." These papers were in the first place collected by Mr. Jacques Viger, who added several explanatory notes of reference. The volume of the Montreal Historical Society was published under the able editorship of M. l'Abbé Verréault with the care and ability which distinguish his many valuable contributions to historical literature. Among its other excellencies it contains a good index. 1760] THE GOVERNORS' COURTS. 439 Mr. Viger tells us that the courts of justice established gave full satisfaction to all the inhabitants, and that when ten years later the Canadians determined to ask of their new sovereign the establishment of their ancient laws, they did so in stating how happy they had been when their fellow-citizens administered justice during the military rule.* Judge Mondelet has expressed the opinion that no great penetration is required, after the perusal of the judicial registers of this time, to be convinced that the governors had nothing so much at heart as to attach the French Canadians to the new system, by the preservation of their customs and laws. There was no attempt to introduce English laws, "L'Évènement prouva qu'il ne s'était point trompé, car les chambres de justice donnèrent une satisfaction assez générale à tous les habitans; tellement que lorsque, quelques années plus tard, ils se décidèrent à redemander à leur nouveau souverain le rétablissement de leurs anciennes lois, qu'on leur avait si cruellement otées, à l'époque de l'institution du gouvernement civil, ils ne le firent qu'après avoir exprimé combien ils avaient été heureux, quand leurs propres Concitoyens, leur avaient administré la justice sous le Règne Militaire. Ecoutons-les, eux-mêmes pirler; ils vont nous dire quelles lois furent en force et de quelle manière ils furent jugés, sous ce prétendu regne militaire. "Loin de ressentir, au moment de la conquête, les tristes effets de la gêne et de la captivité, le sage et vertueux général qui nous a conquis, digne image du souverain glorieux qui lui confia le commandement de ses armées, nous laissa en possession de nos lois et de nos coutumes. Le libre exercise de notre religion nous fut conservé et confirmé par le traité de paix ; et nos anciens citoyens furent établis les juges de nos différends civils. Nous n'oublierons jamais cet excès de bonté : ' ces traits généreux d'un si doux vainqueur seront conservés précieusement dans nos fastes; et nous les transmettrons d'âge en âge à nos derniers neveux." [Extrait de l'adresse des Canadiens au Roi, pour demander le rétablissement de leurs lois en 1773.] Mémoire Abbé Verréault, p. 28. + Il ne faut pas une pénétration bien grande, pour se persuader, après avoir parcouru ces registres et presques tous les monumens judicaires de ce temps, que les gouverneurs de cette époque n'avaient rien tant à cœur que de nous attacher à eux, en conservant nos usages et nos lois. L'on n'apperçoit nulle part la prétention d'introduire les lois anglaises, et encore moins celle de juger suivant la loi martiale; car si ces juges tombent parfois dans l'arbitraire, il faut bien se garder d'en conclure que la cause s'en trouve dans leur adhésion à une loi qui n'est faite que pour les soldats, mais seulement que leur désir d'atteindre à la justice particulière de chaque cause les force à violer quelquefois les principes généraux des lois. Ces cours n'avaient de militaire que le nom, qu'elles avaient pris des juges qui y présidaient. Mémoire Abbé Verréault, p. 41. and still less to judge by military law. All that these courts had of the military element was the name. Dr. Labrie remarks that although the regimental officers were the administrators of justice, nevertheless they respected and even followed in their procedure the laws and ancient customs of the colony to the extent they knew them, or that circumstances permitted.* The title which this government has obtained is unfortunate, inasmuch as it has admitted of misrepresentation ; nevertheless, it possesses the merit of correctly describing the situation in which matters stood. Between the capitulation and the peace, Canada was occupied as a conquered country, and the basis of authority was the force with which it was held. A more correct title would have been the period of the governors' courts, or temporary government, for the name given is in all respects a misnomer. It is an act of injustice to identify the principles of government laid down by Amherst, as those of military rule, which means coercion at the bayonet's point. Amherst lost no time in carrying out his purpose. On the 16th, eight days after the capitulation, Burton was appointed governor of Three Rivers, and he was ordered to proceed thither with the 48th regiment, and with some artillery. Burton was instructed, that with regard to thefts, murders and crime, military law remained in force. Civil differences of the inhabitants were to be settled, according to their own laws, by the captains of militia, who were to retain authority in their parishes. If the decision given by this court was unacceptable to one of the parties, an appeal could be made to the commanding officer of the district. If he declined to decide the difference, or he considered a higher opinion desirable, or there was still discontent on one side, the case was to be referred to the governor, assisted by a council of "les officiers des troupes y furent les administrateurs de la justice, en respec tant toutefois et en suivant meme les procédures, les lois et les usages anciens de la colonie, autant qu'ils les connurent, ou que le permirent les circonstances où elle se trouvait." Mémoire Abbé Verréault, p. 66. 1 |