The Father of British Canada | Page 7

the British part of it was more correctly called, the 'Maritime War,' was no more glorious in statesmanship than its beginning had been in arms. But the spirit of its mighty heart still lived on in the Empire's grateful memories of Pitt and quickened the English-speaking world enough to prevent any really disgraceful surrender of the hard-won fruits of victory.
The Treaty of Paris, signed on the 10th of February 1763, and the king's proclamation, published in October, were duly followed by the inauguration of civil government in Canada. The incompetent Bute, anxious to get Pitt out of the way, tried to induce him to become the first British governor of the new colony. Even Bute probably never dared to hope that Pitt would actually go out to Canada. But he did hope to lower his prestige by making him the holder of a sinecure at home. However this may be, Pitt, mightiest of all parliamentary ministers of war, refused to be made either a jobber or an exile; whereupon Murray's position was changed from a military command into that of 'Governor and Captain-General.'
The changes which ensued in the laws of Canada were heartily welcomed so far as the adoption of the humaner criminal code of England was concerned. The new laws relating to debtor and creditor also gave general satisfaction, except, as we shall presently see, when they involved imprisonment for debt. But the tentative efforts to introduce English civil law side by side with the old French code resulted in great confusion and much discontent. The land laws had become so unworkable under this dual system that they had to be left as they were. A Court of Common Pleas was set up specially for the benefit of the French Canadians. If either party demanded a jury one had to be sworn in; and French Canadians were to be jurors on equal terms with 'the King's Old Subjects.' The Roman Catholic Church was to be completely tolerated but not in any way established. Lord Egremont, in giving the king's instructions to Murray, reminded him that the proviso in the Treaty of Paris--_as far as the Laws of Great Britain permit_--should govern his action whenever disputes arose. It must be remembered that the last Jacobite rising was then a comparatively recent affair, and that France was equally ready to upset either the Protestant succession in England or the British regime in Canada.
The Indians were also an object of special solicitude in the royal proclamation. 'The Indians who live under our Protection should not be molested in the possession of such parts of our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them.' The home government was far in advance of the American colonists in its humane attitude towards the Indians. The common American attitude then and long afterwards --indeed, up to a time well within living memory--was that Indians were a kind of human vermin to be exterminated without mercy, unless, of course, more money was to be made out of them alive. The result was an endless struggle along the ever-receding frontier of the West. And just at this particular time the 'Conspiracy of Pontiac' had brought about something like a real war. The story of this great effort of the Indians to stem the encroachments of the exterminating colonists is told in another chronicle of the present Series. [Footnote: The War Chief of the Ottawas.] The French traders in the West undoubtedly had a hand in stirring up the Indians. Pontiac, a sort of Indian Napoleon, was undoubtedly cruel as well as crafty. And the Indians undoubtedly fought just as the ancestors of the French and British used to fight when they were at the corresponding stage of social evolution. But the mere fact that so many jealously distinct tribes united in this common cause proves how much they all must have suffered at the hands of the colonists.
While Pontiac's war continued in the West Murray had to deal with a political war in Canada which rose to its height in 1764. The king's proclamation of the previous October had 'given express Power to our Governor that, so soon as the state and circumstances of the said Colony will admit thereof, he shall call a General Assembly in such manner and form as is used in those Colonies and Provinces in America which are under our immediate government.' The intention of establishing parliamentary institutions was, therefore, perfectly clear. But it was equally clear that the introduction of such institutions was to depend on 'circumstances,' and it is well to remember here that these 'circumstances' were not held to warrant the opening of a Canadian parliament till 1792. Now, the military government had been a great success. There was every reason