Civil rights were not a burning issue when Canada was primarily the French colony of New France. The purpose of New France was entirely commercial and essentially based upon the fur trade until Jean Talon created industries that made New France self-sufficient. And to raise the population he imported 1,000 nubile young French women, and today approximately seven million French Canadians and Franco-Americans are descended from them. Only at this point, about 75 years after it was founded, did New France develop a rudimentary legal and judicial framework.
Eighty years later, when the British captured Québec City and Montréal in the Seven Years’ War, a gentle form of British military rule ensued. A small English-speaking population arose, chiefly composed of commercial sharpers from the American colonies claiming to be performing a useful service but, in fact, exploiting the French Canadians. Colonel James Murray became the first English civil governor of Québec in 1764. A Royal proclamation had foreseen an assembly to govern Québec, but this was complicated by the fact that at the time British law excluded any Roman Catholic from voting for or being a member of any such assembly, and accordingly the approximately 500 English-speaking merchants in Québec demanded an assembly since they would be the sole members of it. Murray liked the French Canadians and despised the American interlopers as scoundrels. He wrote: “In general they are the most immoral collection of men I ever knew.” He described the French of Québec as: “a frugal, industrious, moral race of men who (greatly appreciate) the mild treatment they have received from the King’s officers”. Instead of facilitating creation of an assembly that would just be a group of émigré New England hustlers and plunderers, Murray created a governor’s council which functioned as a sort of legislature and packed it with his supporters, and sympathizers of the French Canadians.
The greedy American merchants of Montréal and Québec had enough influence with the board of trade in London, a cabinet office, to have Murray recalled in 1766 for his pro-French attitudes. He was a victim of his support for the civil rights of his subjects, but was replaced by a like-minded governor, the very talented Sir Guy Carleton, [later he became] Lord Dorchester. Murray and Carleton had both been close comrades of General Wolfe. […]
The British had doubled their national debt in the Seven Years’ War and the largest expenses were incurred in expelling the French from Canada at the urgent request of the principal American agent in London, Benjamin Franklin. As the Americans were the most prosperous of all British citizens, the British naturally thought it appropriate that the Americans should pay the Stamp Tax that their British cousins were already paying. The French Canadians had no objection to the Stamp Tax, even though it paid for the expulsion of France from Canada.
As Murray and Carleton foresaw, the British were not able to collect that tax from the Americans; British soldiers would be little motivated to fight their American kinfolk, and now that the Americans didn’t have a neighboring French presence to worry them, they could certainly be tempted to revolt and would be very hard to suppress. As Murray and Carleton also foresaw, the only chance the British would have of retaining Canada and preventing the French Canadians from rallying to the Americans would be if the British crown became symbolic in the mind of French Canada with the survival of the French language and culture and religion. Carleton concluded that to retain Québec’s loyalty, Britain would have to make itself the protector of the culture, the religion, and also the civil law of the French Canadians. From what little they had seen of it, the French Canadians much preferred the British to the French criminal law. In pre-revolutionary France there was no doctrine of habeas corpus and the authorities routinely tortured suspects.
In a historically very significant act, Carleton effectively wrote up the assurances that he thought would be necessary to retain the loyalty of the colony. He wanted to recruit French-speaking officials from among the colonists to give them as much self-government as possible while judiciously feeding the population a worrisome specter of assimilation at the hands of a tidal wave of American officials and commercial hustlers in the event of an American takeover of Canada.
After four years of lobbying non-stop in London, Carleton gained adoption of the Québec Act, which contained the guaranties he thought necessary to satisfy French Canada. He returned to a grateful Québec in 1774. The knotty issue of an assembly, which Québec had never had and was not clamoring for, was ducked, and authority was vested in a governor with an executive and legislative Council of 17 to 23 members chosen by the governor.
Conveniently, the liberality accorded the Roman Catholic Church was furiously attacked by the Americans who in their revolutionary Continental Congress reviled it as “a bloodthirsty, idolatrous, and hypocritical creed … a religion which flooded England with blood, and spread hypocrisy, murder, persecution, and revolt into all parts of the world”. The American revolutionaries produced a bombastic summary of what the French-Canadians ought to do and told them that Americans were grievously moved by their degradation, but warned them that if they did not rally to the American colours they would be henceforth regarded as “inveterate enemies”. This incendiary polemic was translated, printed, and posted throughout the former New France, by the Catholic Church and the British government, acting together. The clergy of the province almost unanimously condemned the American agitation as xenophobic and sectarian incitements to hate and needless bloodshed.
Carleton astounded the French-Canadians, who were accustomed to the graft and embezzlement of French governors, by not taking any payment for his service as governor. It was entirely because of the enlightened policy of Murray and Carleton and Carleton’s skill and persistence as a lobbyist in the corridors of Westminster, that the civil and cultural rights of the great majority of Canadians 250 years ago were conserved. The Americans when they did proclaim the revolution in 1775 and officially in the Declaration of Independence on July 4, 1776, made the British position in Canada somewhat easier by their virulent hostility to Catholicism, and to the French generally.
