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In 1763, France gave up almost all of her North American colonies.
The French Canadians and the British had to learn to live with one
another. It was a period of friction and adjustment for the French
Canadians, the authorities, and the newly arrived British merchants
in what was now the British province of Québec.
Topics in this section:
The Treaty of Paris, 1763
The Royal Proclamation, 1763
Early Demands by British Merchants
Other Problems
The Search for a Solution
Merchants Seek an Elected Assembly
Stumbling Toward a Constitution
Other Interesting or Important Documents
Eastern North America, 1763
The Treaty of Paris, 1763
In the Treaty of Paris, 1763, France surrendered all claims
to New France. In this period, Québec was governed almost
as a crown colony: there was no representative Assembly and the
governor was the source of most authority. General
Murray, the military governor, was made the first Governor of
the province.
The Royal Proclamation,
1763
The governor was guided by the Royal Proclamation, 1763,
and various instructions from authorities in London. These formed
the basis of civil administration in the new province of Québec.
The proclamation withdrew the privileged status of the Catholic
Church and ended French civil
law. British soldiers were expected to settle in Québec
in large numbers, and ultimately assimilate the French Canadian
population.
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The Royal Proclamation, 1663,
was judged by Lord
Mansfield to be the de facto constitution
of Canada until the Québec Act, 1774.
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Early Demands by British Merchants
From the earliest days of the civil administration, there were difficulties.
British settlers and merchants were used to representative
government and were also frustrated by the policies which kept
them from going into Aboriginal lands. They made several demands:
- That the existing civil
code then in use in Québec be replaced by English common
law, as dictated by the Royal Proclamation, 1763.
This was necessary, it was argued, to protect British rights and
business interests.
- That a House
of Assembly be formed, but that French-speaking Catholic Canadians
be excluded.
Copyright/Source
Had their demands been met, 500 new inhabitants would have kept
50,000 French Canadians out of representative government. Efforts
to replace the civil code also proved chaotic. The French system
had been quick and inexpensive; the new system was anything but.
Other Problems
The oath that the Proclamation required all office holders
to formally accept articles of the Protestant faith - articles that
no Catholic could, in good conscience, accept. This meant that no
French Canadians were legally able to fill any positions of authority.
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The Second
Test Act required office holders to swear:
"I… do solemnly and sincerely in the
presence of God profess, testify, and declare
that I do believe that in the sacrament of the
Lord's Supper there is not any transubstantiation
of the elements of bread and wine into the body
and blood of Christ at or after the consecration
thereof by any person whatsoever, and that the
invocation or adoration of the Virgin Mary or
any other saint and the sacrifice of the mass,
as they are now used in the Church of Rome, are
superstitious and idolatrous..."
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Copyright/Source
The Search for a Solution
Due to accusations of the British merchants, Governor Murray was
recalled to London. He cleared his name, but was replaced by Sir
Guy Carleton. Carleton quickly realized that meeting the demands
of the merchants would not only worsen the chaos already existing,
but also provoke even greater hostility amongst the French Canadians.
This caused more debate.
Merchants Seek an Elected Assembly
Another issue of disagreement between Carleton and the merchants
was the call for an elected assembly.
Stumbling Toward a Constitution
As the debate over these issues continued, reports and opinions
were commissioned. The French Canadian inhabitants and the British
traders also both lobbied for their own positions. Ultimately, efforts
were made to draft a constitution for the province.
Copyright/Source
Other Important or Interesting
Documents
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Lord
Mansfield's Judgment in Campbell v. Hall, 1774
(Lord
Mansfield rules that the Royal Proclamation was the
de facto constitution of Québec.)
Read
the summary
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An Abstract of the several royal edicts and declarations, and
provincial regulations and ordinances, that were in force in the
province of Québec in the time of the French government:
and of the commissions of the several governours-general and intendants
of the said province, during the same period
- An
abstract of the Loix de police; or, Public regulations for the
establishment of peace and good order, that were of force in the
province of Québec, in the time of the French government
- An
abstract of those parts of the custom of the viscounty and provostship
of Paris, which were received and practised in the province of
Québec, in the time of the French government
1772
- The
sequel of the abstract of those parts of the custom of the viscounty
and provostship of Paris, which were received and practised in
the province of Québec in the time of the French government:
containing the thirteen latter titles of the said abstract, drawn
up by a select committee of Canadian gentlemen well skilled in
the laws of France and of that province, by the desire of the
Honourable Guy Carleton, Esquire, Captain General and Governour
in Chief of the said province 1772
- Notes
sur la coutume de Paris: indiquant les articles encore en force
avec tout le texte de la coutume à l'exception des articles
relatifs aux fiefs et censives, les titres du retraitlignagen
et de la garde noble et bourgeoise
- Le
droit civil canadien suivant l'ordre établi par les codes:
précédé d'une histoire générale
du droit canadien
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