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
Province of
Quebec. The principal components of the act were:
- The
province's territory was expanded to take over part of the Indian Reserve, including much of what
is now southern Ontario
, plus
Illinois
, Indiana
, Michigan
, Ohio
, Wisconsin
and parts of Minnesota
.
- The oath of allegiance was replaced with one that no longer
made reference to the Protestant
faith.
- It guaranteed free practice of the Catholic faith.
- It restored the use of the French civil law for private matters while
maintaining the use of the English common
law for public administration, including criminal
prosecution.
The Act had wide-ranging effects, in Quebec itself, as well as in
the
Thirteen Colonies. In Quebec,
English-speaking migrants from Britain and the southern colonies
objected to a variety of its provisions, which they saw as a
removal of certain political freedoms. French-speaking
Canadiens varied in their reaction; the land-owning
seigneurs and
clergy were generally happy with its provisions.
In the
Thirteen Colonies, the Act, which had been passed in the same
session of Parliament as a number of other acts designed as
punishment for the Boston Tea Party
and other protests, was joined to those acts as one
of the Intolerable Acts. The
provisions of the Quebec Act were seen as a new model for British
colonial administration, which would strip the colonies of their
elected assemblies, and promote the Roman Catholic faith in
preference to widely-held Protestant beliefs. It also limited
opportunities for colonies to expand on their western frontiers, by
granting most of the
Ohio Country to
the province of Quebec.
Background
After the
Seven Years' War, a victorious
Great
Britain
and a defeated France
formalized
the peace with the 1763 Treaty of
Paris. Under the terms of the treaty, the Kingdom of
France ceded New France to Britain,
choosing instead to keep the islands of Guadeloupe
and Martinique
for their valuable sugar
production. New France was considered less valuable, as its
only significant commercial product at the time was
beaver pelts.
The territory found
along the St. Lawrence
River
, called Canada by the French, was renamed
Quebec by the
British, after its capital
city
. Non-military administration of the
territories acquired by the British in the war was defined in the
Royal Proclamation of
1763.
Under the terms of the peace treaty, Canadians who did not choose
to leave became British subjects. In order for them to serve in
public offices, they were required to swear an oath to the King,
rejecting their Catholic religion. This effectively prevented large
numbers of French-speaking Canadians from participating in the
local governments.
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 change. There was also a need to
compromise between the conflicting demands of the French-speaking
subjects and those of newly arrived British subjects. These efforts
by the colonial governors eventually resulted in enactment of the
Quebec Act of 1774.
Effects on the Province of Quebec

Constitution of the Province of
Quebec, 1775
- Territory: The boundaries of the province were
defined by the Act. In addition to the territory of the French
province of Canada, the borders were expanded to include land that
is now southern Ontario
, Illinois
, Indiana
, Michigan
, Ohio
, Wisconsin
and parts of Minnesota
. This increased the size of the province
threefold over the size of the French province.
- Religion: The Act restored the former French
civil tradition for private law, which
had been ended in 1763. It allowed public office holders to
practice the Roman Catholic faith, by
replacing the oath sworn by
officials from one to Elizabeth
I and her heirs with one to George III that had no
reference to the Protestant faith. This
enabled, for the first time, French Canadians to legally
participate in the affairs of the provincial government without
formally renouncing their faith. It also reestablished the
collection of tithes, which had been stopped under the previous
administrative rules, and it allowed Jesuit
priests to return to the province.
- Structure of government: The Act defined the
structure of the provincial government. The governor was to be
appointed by the Crown, and he was to govern with the assistance of
a legislative council; there were no provisions for an elected
legislative assembly.
- Law: The traditional French system of private
law was restored for use in civil matters. British forms of justice
were to be applied for criminal cases.
- Land use: The system of seigneuries as a
means of distributing land and managing its use was restored. This
was the system as the French had administered the province; the
British had instituted a Township system of
land management in 1763.
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 4 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.
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;
About 4 months later, Carleton's apprehensions regarding the
ability of the Canadian
noblesse (nobility) and clergy to
rule over the people are proved right. On June 7, 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.
[...]
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.
[...]
Less than a month later, on 28 June 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 Privileges & 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.
On 21 September 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 safe
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; [...]
Effect on the Thirteen Colonies
While it
is clear that the Quebec Act did much to secure the allegiance of
the Canadians
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.
[8819] Americans denounced the Act for promoting the
growth of
papism and cutting back on freedom
and traditional rights. In particular, the colonial governments of
New York, Pennsylvania and Virginia were angered by the unilateral
assignment of the Ohio River lands to Quebec, and not to themselves
as their royal charters specified.
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 significance in
the
Thirteen Colonies was that it
angered the rebels, weakened the Crown's supporters (
Loyalists) there, and helped
to accelerate the confrontation that became the
American Revolution (Miller 1943). The
Act is listed as one of the rebels' grievances in the
Declaration of
Independence. The First Continental Congress
petitioned Parliament to repeal
the Intolerable Acts, which Parliament declined to do. Instead, in
February 1775 Parliament passed the
Conciliatory Resolution in an
attempt to curry favor with the angry colonists. This was too
little, too late, as the war broke out before news of its passage
could reach the colonies.
See also
Notes
- 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.)
- Maddock, Brian; History & Citizenship Education 3
References
- Cavendish, Henry (1839). Debates of the House of Commons in
the Year 1774 on the Bill for Making More Effectual Provision for
the Government of the Province of Quebec: Drawn Up from the Notes
of the Henry Cavendish, Member for Lostwithiel, London:
Ridgway, 303 p. ( online)
- 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
- Miller, John C.; Origins of the American Revolution
1943. online version
External links