One of the grievances given prominence in the Declaration of Independence was that the English Crown had "abolished the free system of English laws in a neighbouring province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same arbitrary rule into these colonies." The measure which was in the minds of the signers was the Quebec Act of 1774; and the feature to which they especially objected was the extension of this peculiarly governed Canadian province to include the whole of the territory north of the Ohio and east of the Mississippi.

The Quebec Act was passed primarily to remedy a curious mistake made by King George's ministers eleven years earlier. The Proclamation of 1763 had been intended to apply to the new French-speaking possessions in only a general way, leaving matters of government and law to be regulated at a later date. But through oversight it ordained the establishment of English law, and even of a representative assembly, precisely as in the other new provinces. The English governors were thus put in an awkward position. They were required to introduce English political forms and legal practices. Yet the inexperience and suspicion of the people made it unwise, if not impossible, to do so. When, for example, jury trial was broached, the peasants professed to be quite unable to understand why the English should prefer to have matters of law decided by tailors and shoemakers rather than by a judge; and as for a legislature, they frankly confessed that assemblies "had drawn upon other colonies so much distress, and had occasioned so much riot and bloodshed, that they had hoped never to have one."

The Old Northwest — Part 19

The Act of 1774 relieved the situation by restoring French law in civil affairs, abolishing jury trial except in criminal cases, rescinding the grant of representative government, and confirming the Catholic clergy in the rights and privileges which they had enjoyed under the old régime. This would have aroused no great amount of feeling among New Englanders and Virginians if the new arrangements had been confined to the bounds of the original province. But they were not so restricted. On the contrary, the new province was made to include the great region between the Alleghanies and the Mississippi, southward to the Ohio; and it was freely charged that a principal object of the English Government was to sever the West from the shore colonies and permanently link it with the St. Lawrence Valley rather than with the Atlantic slope.

The Old Northwest — Part 19