veterate enemies.

Fortunately the death of the Empress Elizabeth released him from this new danger, and Frederick soon retrieved his disasters.

The world had now enough of war, and the various Governments of Europe were anxious for peace. France, deprived of her colonies, found her commerce on the brink of ruin. Spain had sustained the most severe reverses, and the Austrians and Prussians were wearied of costly campaigns which produced no territorial additions. The terms proposed to France were severe, but she yielded to necessity. "What else can we do," said the French minister, Choisel; "the English are drunk with success, and we are not in a condition to abase their pride." Accordingly, on the 3d of November, the preliminaries of peace were signed by France and Spain, on one hand, and by Great Britain and Portugal, on the other.

By this peace Britain, besides islands in the West Indies, gained the Floridas, Louisiana to the Mississippi, all Canada, Cape Breton, and the other islands in the Gulf of St Lawrence, and Senegal ; while in Asia the victories of Clive and Coote by land, and of Watson and Pococke by sea, had given her the ascendancy in the East Indies, and suddenly opened to her the promise of untold treasures and endless territorial acquisitions.

"Never," said George III., " did England, nor I believe any other power in Europe, sign such a peace before." Yet Pitt opposed the treaty, on the ground that it did not give his country the advantages it was entitled to by conquest. The nation at large sustained him in this position; yet in Parliament he was out-voted by a con1763. siderable majority. On the 10th day of February 1763, the treaty was finally ratified; and peace was also restored, at the same time, between Austria and Prussia. The map of Europe remained exactly as before the war ; but in Asia, and on this continent, everything was changed. In America the Anglo-Saxon element was immeasurably in the ascendant.

CHAPTER X.

THE GOVERNMENT OF GENERAL MURRAY.

'OR the long period of one hundred and fifty-seven years—from

FOR

the first settlement of New France by Champlain, to its surrender to Great Britain by the Marquis De Vaudreuil at Montrealhave we traced the fortunes of the French in this country as faithfully as possible. We are now about to enter on the annals of a new era, in which Canada is presented under a totally different aspect : that of a British Colony. Instead of painting the vicissitudes of a military settlement, governed by arbitrary law-givers, a sanguinary penal code, and oppressed by a proud and poor nobility,* we have now to record the progress of a peaceful community, in the enjoyment of an immeasurably larger liberty.

From 1760 to 1763 Canada scarcely presents a single event of note to record. The peasantry had gladly laid aside the musket and sword to devote themselves to agricultural employments, and were soon in the enjoyment of abundance of food. These people had been taught to look for every outrage at the hands of the British, and were most agreeably surprised at the humane manner in which they were treated. Their gratitude was also awakened by the generous way in which large sums of money had been subscribed by British officers and merchants, to alleviate their sufferings during the famine. A disastrous war, the departure of French troops, and the return of many persons to France, had reduced the population of Canada to seventy thousand souls, and immediately after the conquest it was supposed a large portion of even these would quit the

They are extremely vain, and have an utter contempt for the trading part of the Colony. They were usually provided for in the Colony troops, consisting of thirty companies. They are in general poor, except such as have command of distant posts, when they usually made a fortune in three or four years. They were great tyrants to their vassals, who seldom met with redress, let their grievances be ever so just.-Governor Murray's Report on the State of Canada, Quebec, 5th June 1762.

country. But the daily instances of lenity they now experienced, the cheap and impartial justice administered to them by the military tribunals, and the indulgence shown to their religion, soon reconciled them to their new condition, and their only dread was lest they might be torn from their country like the Acadians.*

No sooner had peace been established, than the attention of the British ministry was turned to the formation of governments in the countries conquered during the war, and which had been ceded at its termination. In the month of October 1763, a proclamation was published under the Great Seal for erecting four new civil governments in America; those of Quebec, East Florida, West Florida, and Granada. In this proclamation, the King exhorted his subjects to avail themselves of the advantages which must accrue from his recent acquisitions to commerce, manufactures, and navigation. It was also stated, that as soon as the circumstances of these colonies would permit, general assemblies of the people would be convened in the same manner as in the American provinces; in the meantime the laws of England were to be in force. Thus, all the laws, customs, and judicial forms of a populous and ancient colony were in one hour overturned, and English laws, even the penal statutes against Roman Catholics, introduced in their stead. It was a most rash and unwise measure, and history furnishes no instance of greater injustice to a conquered people, nor less true wisdom on the part of conquerors. The disorders it introduced produced a reaction, which has perpetuated the French civil law in Lower Canada to the present day; whereas had changes been at first gradually and wisely introduced, as the altered condition of the people permitted, the laws of England ere now would have been the rule of decision in that province. Shortly after the publication of this proclamation General Murray was appointed to the Governorship of Canada, or the Province of Quebec, as it was now styled, and proceeded, agreeably to his instructions, to nominate a council of eight members to aid him in the administration of government.

While the writings of Voltaire and Rousseau penetrated every corner of France, and planted the germs of revolution throughout Europe, while newspapers and books were scattered broadcast over Great Britain and America, Canada still remained without a printing-press. This medium of intelligence had been jealously excluded by the French governors as unsuited to their despotic sway; but scarcely had the country been finally ceded to Britain, than William Brown and Thomas Gilmore, of Philadelphia, determined * Murray's Report.

to publish a journal at Quebec. There was then no typefounder in America; so Gilmore went to England to purchase the necessary material; and on the 21st of June, the first number of the 1764. Quebec Gazette made its appearance; and Canada had its newspaper, a new and potent element of civilisation. The Quebec Gazette is still in existence, although it began with only one hundred and fifty subscribers; and it is to be hoped will long continue to enlighten the community.

On the 17th of September a proclamation, based on the presumed introduction of English laws into the Colony, was issued by the Governor in council, establishing a Court of King's Bench for the trial of all criminal and civil causes agreeable to the laws of England and the ordinances of the province. A Court of Common Pleas was also instituted, in which the French laws were to be alone allowed in all cases of action arising before its construction. The introduction of the English civil law occasioned much dissatisfaction among the public, and accordingly, in the month of November, the Governor in council enacted "that in actions relative to the tenure of land and the rights of inheritance, the French laws and usages should be observed as the rule of decision." A Court of Chancery was erected soon after, at the head of which presided the Governor as chancellor, with two masters, two examiners, and one register.

The English-speaking inhabitants of the Colony were few in number, and the sudden introduction of the English language, as well as English laws, into the courts of justice, was found to be productive of the greatest disorder. Trial by jury was of little value to a people who did not understand a word of the pleadings unless through an interpreter, and it was soon evident that some change must be made in this respect. All public offices, moreover, were conferred on British born subjects, of which there were scarcely four hundred in the country, exclusive of the military. Many of these came out expressly from England, and as they neither knew the language nor customs of the people they were sent to control, much disgust and dissatisfaction were the result. Nor were officials always selected with the sole view to the public good. The ignorant, the covetous, and the bigoted were appointed to offices which required knowledge, integrity, and abilities. Several of the principal situations were given away by patent to men of interest in England, who let them out to the highest bidders. No salaries were attached to these patent places, the value of which accordingly depended upon the fees, which the Governor was directed to establish on the same scale as in the richest colony. Much extortion and oppression were the

N

necessary consequences of this order of things, and which Governor Murray found it most difficult to prevent. His endeavours to protect the people made him many enemies among the English of the Colony, who were too apt to exhibit a contempt of the old inhabitants, not even excepting the seigniors. The Governor, however, continued to alleviate their condition to the best of his power, and won their sincere gratitude.*

Complaints were soon sent to England relative to the establishment of the courts, the harsh conduct of law-officers, and the enor1765. mous fees exacted. These were laid, by the Board of Trade, before the English Attorney and Solicitor Generals, who made an elaborate report thereon. They gave it as their opinion, 1766. that the introduction of the English language into the courts of Canada was inadvisable, and that it was unwise and arbitrary at once to abolish all the French usages and customs, especially those relating to the titles of land, the law of descent, of alienation and settlement. They likewise supported the view that Canadian advocates, attorneys, and proctors should be permitted to practice in the courts.+

During the summer several Canadians who had gone to France returned. Bishop De Pont Briant had died in 1760, and a new bishop also came out. On his arrival his friends received him with all the ceremony and respect which they had ever paid to bishops. These courtesies, however, he refused on the ground of altered circumstances. In pursuance of this humble determination he wore only a common black gown like the other priests for some time. But the liberal manner in which he found himself treated by the authorities, soon assured him he might adopt a higher tone with safety, and he accordingly assumed all the insignia of episcopal dignity. ‡ In the following year, General Murray proceeded to England, leaving Brigadier Carleton to act in his absence. A more 1767. lucrative post prevented him from returning, and the Brigadier was accordingly appointed Governor of Canada on the 12th of April. His humanity had made him popular with the 1768. public, who already regarded him as a protector, and looked forward to his adminstration with confidence. Nor were they disappointed. Sir Guy Carleton ever proved himself their friend.

* In a letter to Shelburne, 30th August 1766, General Murray, alluding to the English officials, declared them to be the most immoral collection of men he ever knew.

+ Yorke and De Grey to the Lords of Trade, 14th April 1766.

Smith's Hist. Can., vol. ii. pp. 38, 39.