(Redirected from Quebec Act of 1774)
The 'Quebec Act' of 1774 was an
Act of the
Parliament of Great Britain (citation 14 Geo. III c. 83) setting procedures of governance in the area of
Quebec.
Principal components of the act:
★ Expansion of territory to take over the Canadian portions of the
Indian Reserve (1763) that had separated Quebec from
Rupert's Land including much of what is now southern
Ontario
★ Expansion of territory to take over land that is now in the
United States (
Illinois,
Indiana,
Michigan,
Ohio,
Wisconsin and parts of
Minnesota).
★ Replaced the oath of allegiance so that it no longer made reference to the
Protestant faith.
★ Guaranteed free practice of the
Catholic faith.
★ Upheld the continued use of the French
civil law for private matters while maintaining the use of the English
common law for public administration, including criminal prosecution.
Background
After the
Seven Years' War, a victorious
Great Britain achieved a peace agreement through the
Treaty of Paris (1763). Under the terms of the treaty, the Kingdom of
France chose to keep the islands of
Guadeloupe for their valuable
sugar production instead of its vast
North American territories east of the
Mississippi River known as
New France. New France was then considered less valuable, as its only significant commercial product at the time was
beaver pelts. The territory located along the
St. Lawrence River, called ''Canada'' by the French, was renamed
Quebec by the British, after its
capital.
The Canadians became British subjects, but to be admitted to any public office they were required to swear a test oath, rejecting their Catholic religion.
With unrest growing in the colonies to the south, which would one day grow into the
American Revolution, the British were worried that the French Canadians might also support the growing rebellion. At that time, French Canadians formed the vast majority of the population of the province of Quebec (more than 99%) and British immigration was not going well. To secure the allegiance of the approximately 70,000 French Canadians to the British crown, first Governor
James Murray and later Governor
Guy Carleton promoted the need for action. There was a need to compromise between the conflicting demands of the new subjects and that of the newly arrived British subjects. This eventually resulted in the Quebec Act of 1774.
Effects on the Province of Quebec
Constitution of the Province of Quebec, 1775
The Quebec Act restored the former French civil tradition for
private law, which had been ended in 1763, and allowed public office holders to practice the
Roman Catholic faith. It replaced
the oath to
Elizabeth I and her heirs with one to
George III which had no reference to the
Protestant faith. In other words, for the first time since becoming a colony, French Canadians were able to participate in the affairs of the colonial government. However, there was no elected legislative assembly; the province was to be governed by an appointed governor and legislative council.
[1] As a result of this Act, the American revolutionaries failed to gain the support of the Canadians during the American Revolution. Finally, the act
annexed, to Quebec, the area east of the Mississippi River and north of the
Ohio River.
Participation of the Canadians
The internal communications of the British colonial government at Quebec suggest a relative failure of the purpose of the Quebec Act. On 4th February, 1775, Governor Guy Carleton writes to General
Thomas Gage that he believes the Canadians to be generally happy with the act, yet he also adds:
[...] I must not however conceal from Your Excellency, that the Gentry, well disposed, and heartily desirous as they are, to serve the Crown, and to serve it with Zeal, when formed into regular Corps, do not relish commanding a bare Militia, they never were used to that Service under the French Government, (and perhaps for good Reasons) besides the sudden Dismission of the Canadian Regiment raised in 1764, without Gratuity or Recompence to Offices, who engaged in our Service almost immediately after the Cession of the Country, of taking any Notice of them since, tho' they all expected half pay, is still uppermost in their Thoughts, and not likely to encourage their engaging a second Time in the same Way; as to the Habitants or Peasantry, ever since the Civil Authority has been introduced into the Province, the Government of it has hung so loose, and retained so little Power, they have in a Manner emancipated themselves, and it will require Time, and discreet Management likewise, to recall them to their ancient Habits of Obedience and Discipline; considering all the new Ideas they have been acquiring for these ten years past, can it be thought they will be pleased at being suddenly, and without Preparation embodied into a Militia, and marched from their Families, Lands, and Habitations to remote Provinces, and all the Horrors of War, which they have already experienced; It would give appearance of Truth to the Language of our Sons of Sedition, at this very Moment busily employed instilling into their Minds, that the Act was passed merely to serve the present Purposes of Government, and in the full Intention of ruling over them with all the Despotism of their ancient Masters. [2]
In the same communication, the temporary and circumstantial nature of the act is hinted to when he writes:
[...] It may be further observed, that the Act is no more than the Foundation of future Establishments; that the new Commissions and Instructions, expected out, are not yet arrived, and that the Dissolution of the present Constitution, if it deserves the Name, and Establishment of the new one, are still at some Distance; [3]
About 4 months later, Carleton's apprehensions regarding the ability of the Canadian noblesse and clergy to rule over the people are proved right. On June 7th, he writes to Colonial Secretary
Dartmouth:
My Lord! The 19th of last Month in the Evening, I received Intelligence from General Gage by Sea of the Rebels having commenced Hostilities in the Province of the Massachusetts, and Requesting I would send the 7th Regiment with some Companies of Canadians and Indians to Crown Point, in order to make a Diversion, and favour his Operations. [...] [4]
The little Force we have in the Province was immediately set in Motion, and ordered to assemble at or near St. John's; The Noblesse of this Neighbourhood were called upon to collect their Inhabitants, in order to defend themselves, the Savages of those Parts likewise had the same orders; but tho' the Gentlemen testified great Zeal, neither their Entreaties or their Example could prevail upon the People; a few of the Gentry, consisting principally of the Youth, residing in this Place, and its Neighbourhood, formed a small Corps of Volunteers under the Command of Mr. Samuel Mackay, and took Post at St. John's; the Indians shewed as much Backwardness as the Canadian Peasantry. [...] [5]
Less than a month later, on June 28th, 1775, Chief Justice
William Hey writes to the Lord Chancellor from Quebec:
[...] What will be your Lordships astonishment when I tell you that an act passed for the express purpose of gratifying the Canadians & which was supposed to comprehend all that they either wished or wanted is become the first object of their discontent & dislike. English officers to command them in time of war, & English Laws to govern them in time of Peace, is the general wish. the former they know to be impossible (at least at present) & by the latter if I understand them right, they mean no Laws & no Government whatsoever - in the mean time it may be truly said that Gen. Carleton had taken an ill measure of the influence of the seigneurs & Clergy over the lower order of people whose Principle of conduct founded in fear & the sharpness of authority over them now no longer exercised, is unrestrained, & breaks out in every shape of contempt or detestation of those whom they used to behold with terror & who gave them I believe too many occasions to express it. And the on their parts have been and are too much elated with the advantages they supposed they should derive from the restoration of their old Priviledges & customs, & indulged themselves in a way of thinking & talking that gave very just offence, as well to their own People as to the English merchants. [6]
On September 21st, 1775, Lieutenant-Governor
Cramahé, who replaces Carleton at Quebec, writes to Dartmouth on the failure to rally the people:
My Lord !
I am sorry to transmit to Your Lordship the disagreeable account of a disagreeable Business, some time in the Beginning of this Month, upon NEws of the Rebel Army approaching, General Carleton set out for Montreal in great Haste; the 7th instant the Rebels landed in the Woods near St. John's, and beat back to their Boats by a Party of Savages incamped at that Place; in this Action the Savages behaved with great Spirit and Resolution, and had they remained firm to our Interests, probably the Province would have been save for this Year, but finding the Canadians in General averse to the taking up Arms for the Defence of their Country, they withdrew, and made their Peace.
After their Defeat the Rebels retired to the Isle aux Noix, where they continued till lately, sending out some Parties, and many Emissaries, to debauch the Minds of the Canadians and Indians, in which they have proved too successful, and for which they were too well prepared by the Cabals and Intrigues of these two last years; We knew of their being reinforced, and very considerably, I suppose, as they appeared in Numbers near St. John's last Sunday Evening; where or when they landed, or the Particulars since, we have but very imperfect Accounts of, all Communications with the Forts of St. John's and Chambli, being, as far as I can find, entirely cut off.
No Means have been left untried to bring the Canadian Peasantry to a Sense of their Duty, and engage them to take up arms in Defence of the Province, but all to no Purpose. The Justice must be done to the Gentry, Clergy, and most of the Bourgeoisie, that they have shewen the greatest Zeal and Fidelity to the King's Service, and exerted their best endeavours to reclaim their infatuated Countrymen; [...][7]
Effect on the Thirteen Colonies
While it is clear that the Quebec Act did much to secure the allegiance of the
Canadiens to Britain, it had other unforeseen consequences. It was termed one of the
Intolerable Acts by the American colonists, further contributing to the American Revolution.
American colonists had concerns with the provisions of the act. For one, it guaranteed that residents of the
Ohio Country were free to profess the Roman Catholic faith. Settlers from
Virginia and other colonies were already entering that area. Land development companies had already been formed to drive out the
Native inhabitants and exploit the territory. Many of the leaders of the American Revolution, such as
George Washington and
Daniel Boone, were wealthy land speculators who had much to gain by establishing a new government that would not be bound by British treaties with the
Indians, such as the
Proclamation of 1763, that recognized Indian rights to these lands.
[1] Americans denounced the Act for promoting the growth of Papism and cutting back on freedom and traditional rights.
Langston (2006) looked at press reaction in New England. Some colonial editors explained their views on how it reorganized Canadian governance, explaining how they felt it established direct rule by the Crown and limiting the reach of English law to criminal jurisprudence.
Isaiah Thomas of the ''
Massachusetts Spy'' drew links between the Quebec Act and legislation circumscribing American liberties, such as the
Tea Act and the
Coercive Acts. Editors shaped public opinion by writing
editorials and reprinting opposition letters from both sides of the Atlantic. The
First Continental Congress, which met from 5 September to 26 October 1774, addressed the inhabitants of Quebec, warning them of the perils of the increasingly arbitrary, tyrannical, and oppressive nature of British government.
The Act was never enforced outside Canada. Its main importance was that it angered the rebels in the American colonies, weakened the Crown's supporters (
Loyalists), and sped the confrontation that became the
American Revolution (Miller 1943). The Act is listed as one of the rebels' grievances in the
Declaration of Independence. When the war started the
British Parliament made an unsuccessful effort to repeal the laws in hopes of mollifying the angry colonists, but it came too late.
References
★ Langston, Paul. "'Tyrant and Oppressor!' Colonial Press Reaction to the Quebec Act.'' ''Historical Journal of Massachusetts'' 2006 34(1): 1-17. Issn: 0276-8313
★ Lawson, Philip. "'Sapped by Corruption': British Governance of Quebec and the Breakdown of Anglo-American Relations on the Eve of Revolution." ''Canadian Review of American Studies'' 1991 22(3): 301-323. Issn: 0007-7720 Full text: online in Ebsco
★ John C. Miller; ''Origins of the American Revolution'' 1943.
online version
1. The appointed council was temporary, and composed of residents of the Province. Article XII, providing for an appointed Legislative Council, was repealed by the Constitutional Act of 1791. (See full text of act here.)
2. Documents relating to the constitutional history of Canada 1759-1791, page 660
3. Documents relating to the constitutional history of Canada 1759-1791, page 661
4. Documents relating to the constitutional history of Canada 1759-1791, page 663
5. Documents relating to the constitutional history of Canada 1759-1791, page 665
6. Documents relating to the constitutional history of Canada 1759-1791, page 670
7. Documents relating to the constitutional history of Canada 1759-1791, page 667
See also
★
Constitutional history of Canada
★
Timeline of Quebec history
★
History of Ontario
★
History of Canada
★
American Revolution
External links
★ Original text of
The Quebec Act
★ Full (clear) text of
The Quebec Act - Law Society of Upper Canada (Ontario)
★
Canada in the Making - Constitutional History
★
Article about the Quebec Act from the 1911 Encyclopedia Britannica
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