Quebec Act

“ The fifth act had no direct reference to Massachusetts, but was later seized upon as one of the grievances which justified the Revolution. This was the Quebec Act, providing for the government of the region ceded by France in 1763. It gave to the French settlers the right to have their disputes decided under the principles of the old French civil law; it guaranteed them the right of exercising their own religion; and it annexed to Quebec the whole territory between the Ohio and Mississippi Rivers and the Great Lakes. ”

“ The French inhabitants of the province were granted the liberty to profess “the religion of the Church of Rome”; the French civil law was established, though in criminal law the English code was introduced. Government was vested in a governor and council, a representative assembly not being granted till the Constitutional Act of 1791.
The granting of part of the Western territory to Quebec, and the recognition of the Roman Catholic religion, greatly angered the American colonies. On the other hand, it did much to keep the French Canadians from joining the Americans in the coming struggle. ”

“ And be it further enacted by the Authority aforesaid, That all His Majesty's Canadian Subjects within the Province of Quebec, the religious orders and Communities only excepted, may also hold and enjoy their Property and Possessions, together with all Customs and Usages relative thereto, and all other their Civil Rights, in as large, ample, and beneficial Manner, as if the said Proclamation, Commissions, Ordinances, and other Acts and Instruments had not been made, and as may consist with their Allegiance to His Majesty, and Subjection to the Crown and Parliament of Great Britain ”

“ But, although we are sensible that the Quebec act has laid a foundation for a fabric, which, if not seasonably demolished, may be formidable, if not ruinous, to the colonies, in future times, yet we know that these times are yet at a distance; at present we hold the power of the Canadians as nothing. But we know their dispositions are not unfriendly to us.
The savages will be more likely to be our friends than enemies; but if they should not, we know well enough how to defend ourselves against them. ”

“ A favourite complaint of the British minority, who had as little to complain of as they were loud and persistent in complaining, was that there was no statutory provision for the right of Habeas Corpus, which was supposed to have been abolished by the Quebec Act. When peace was restored and the step could safely be taken, Haldimand met this grievance by passing, in 1784, an ordinance ‘for securing the liberty of the subject and for the prevention of imprisonments out of this province’. ”

“ In the colonies the laws were received with consternation. To the American Protestants, the Quebec Act was the most offensive. That project they viewed not as an act of grace or of mercy but as a direct attempt to enlist French Canadians on the side of Great Britain. The British government did not grant religious toleration to Catholics either at home or in Ireland and the Americans could see no good motive in granting it in North America. The act was also offensive because Massachusetts, Connecticut, and Virginia had, under their charters, large claims in the territory thus annexed to Quebec. ”

“ The Quebec act, for which he was largely responsible, was extremely unpopular in the Thirteen Colonies, on account of its having extended the boundaries of the province and the civil law to that western country beyond the Alleghanies, which the frontiersmen of Pennsylvania and Virginia regarded as specially their own domain. ”

“ Coming to the province of Lower Canada we find it contained at this time a population of about a hundred thousand souls, of whom six thousand lived in Quebec and Montreal respectively. Only two thousand English-speaking persons resided in the province, almost entirely in the towns. Small as was the British minority, it continued that agitation for an assembly which had been commenced long before the passage of the Quebec act. A nominated council did not satisfy the political ambition of this class, who obtained little support from the French Canadian people. ”

“ It does not appear from the evidence before us that the British had any other motive in passing the Quebec Act than to do justice to the French Canadian people, now subjects of the crown of England. It was not a measure primarily intended to check the growth of popular institutions, but solely framed to meet the actual conditions of a people entirely unaccustomed to the working of representative or popular institutions. It was a preliminary step in the development of self-government. ”

“ This had been already promoted in Quebec ten years previously and a plan presented on April 3, 1777. The object of this Quebec plan, according to Shortt and Doughty (Constitutional Documents) was to avoid bringing commercial matters into the regular courts where under the Quebec act the French and not the English civil law was made the basis of decision. ”

“ And it is a power that we have thought fit to exercise in one of our Colonies; and that we have attempted to exercise in another.—Canada, according to the late extension of its limits, is a country almost as large as half Europe; and it may possibly come in time to be filled with British subjects. The Quebec act makes the king of Great Britain a despot over all that country.—In the Province of Massachuset’s Bay the same thing has been attempted and begun. ”

“ The American colonists were then upon the verge of the great rebellion, and as a proof of the spirit in which they acted, it may be remarked that the Continental Congress made a most violent remonstrance against the toleration of Roman Catholicism in Canada, guaranteed by the Quebec Act. The very next year the rebellious colonists captured Ticonderoga and Crown Point, and Montreal; and had their enterprise against Quebec succeeded, Canada might have become included in the territory which eventually became portion of the United States. ”

“ The French-Canadian habitants were encouraged to remain neutral, being plied with specious arguments to undermine their loyalty to the king. They were told that they had nothing to lose from the government by this position and everything to gain from the congress faction who threatened reprisals if they became actively opposed to them. But the noblesse, the gentry and the clergy were against the congress, for the Quebec act had guaranteed them the securities for the rights they most valued; they knew that there was little to hope for from the Americans. ”

“ An important factor has now entered into the political aspect of the province, namely the advent of the United Empire Loyalists, now beginning to leave the United States for a wider freedom to settle on the lands above Montreal, as were also the disbanded troops, a move which did much more than anything else to promote the movement for an assembly, and to point the direction in which the amendments to the Quebec act must follow. ”

“ Mc Newspaper, Mackenzie starts, 320; destroyed by mob, 321; draft constitution of provisional government published in, 356.
Constitutional Act, 1791. The Act was designed to harmonize the conflicting interests of French and English by dividing Quebec into two provinces,—Upper and Lower Canada,—thereby giving to each a larger control of its own local affairs. It established in each province a Legislative Council, appointed by the crown for life, and a Legislative Assembly, elected by the people. See other constitutional acts: Quebec Act, 1774; Union Act, 1840; British North America Act, 1867. ”

“ Francis also rises on the southeastern side of these mountains and makes its way through them. It is not, therefore, in any sense a dividing ridge. Yet under the proclamation of 1763 the Provinces of New York and New Hampshire claimed and were entitled to the territory lying behind it, which is covered by their royal charters. The Quebec act, it would appear, was intended to divest them of it, and according to the construction of the treaty of 1783 now contended for the United States acquiesced in this diminution of the territory of those members of the Union. ”

“ The public service enjoys all the advantages that arise from permanency of tenure and appointment by the crown. It has on the whole been creditable to the country and remarkably free from political influences. The criminal law of England has prevailed in all the provinces since it was formerly introduced by the Quebec act of 1774. ”

“ The very large vote in support of the action of the government-188 against 13-was chiefly influenced by the conviction that, to quote the minute of council, "the subject-matter of the act was one of provincial concern, only having relation to a fiscal matter entirely within the control of the legislature of Quebec." The best authorities agree in the wisdom of not interfering with provincial legislation except in cases where there is an indisputable invasion of Dominion jurisdiction or where the vital interests of Canada as a whole may imperatively call for such interference. ”

“ He seems to have over-rated the Miscalculations as to Canadian feeling. good effects of passing the Quebec Act, and not to have fully realized the strength of class feeling in Canada, or the extent to which the peasantry, under the influence of the disloyal British minority and of emissaries from the revolting colonies, had emancipated themselves from the control of the seigniors and the gentry. ”

“ A systematic opposition on its part to the new masters of the country could only have drawn upon the whole population a bitter oppression, and we would not behold to-day the prosperity of these nine ecclesiastical provinces of Canada, with their twenty-four dioceses, these numerous parishes which vie with each other in the advancement of souls, these innumerable religious houses which everywhere are spreading education or charity. The Act of Quebec in 1774 delivered our fathers from the unjust fetters fastened on their freedom by the oath required under the Supremacy Act ”

“ Can we say that, in the matter of morals, the Volstead Act has worked advantageously? It has undermined the whole country; and under fanaticism, we have shown ourselves to be a total failure. The New York World says:
“The Quebec law is a good law because it has city and country solidly behind it and it can be enforced. It provides for local option, it restricts the purchase of spirits, it allows the sale of wine and beer in cafés and it creates no155 enforcement problem. ”

“ Provinces had not been concluded without sharp opposition; for the citizens of Quebec foresaw that her influence must inevitably wane under the new conditions, and they set themselves strongly to defeat the measure. However, the ancient city lay too far east to remain the capital of the expanding territories, and with an almost exclusively French population it could not remain the political pivot of a British dependency. Opposition was overborne in due time, and the Act of Union shifted the national centre of gravity farther west. ”

“ The basis adopted in the British North America Act is that Quebec shall always have 65 representatives, and each of the other provinces such a number as will give the same proportion of members to its population as the number 65 bears to the population of Quebec at each census. ”

“ Benjamin Franklin, whose visit to this country was not the most successful portion of his career. Although in some instances there was a manifestation of disaffection to the British Government, the great bulk of the population remained unmistakably loyal. In the Quebec Gazette of October 23rd, 1783, is found the Act of Parliament passed in favour of the Loyalists, in which the 25th day of March, 1784, is fixed as the limit of the period during which claims for relief or compensation for the loss of property should be received. ”

“ If it was thought necessary thus to limit the liberties of one of the English colonies by Imperial legislation, it would have been hopelessly illogical to enlarge the borders of others among the sister communities; and if the only possible alternative was to keep the Western territories directly under the Crown, it was simpler, and involved less friction and debate, to attach them by a single clause in a Bill to the existing province of Quebec, than to treat them as a separate unit and to provide them with an administration and a legislature by a separate law. ”

“ Enlarged understanding between the two peoples of the country will produce a national life marked by courage, energy, integrity, and imagination. Though Quebec has ceased to be an administrative centre of the nation, the influence of the people of her province grows no less, but is woven more and more into the web of the general progress. The Empire will do well to set an enduring value on that New France so hardly won from a great people, and English Canada will reap rich reward for every compromise of racial pride made in the interests of peace, equality, and justice. ”