8.5 The Montrealers versus the HBC

More than a half century would pass between Henry Kelsey's exploration of the South Saskatchewan in 1690-92 and Alexander Henday's 1754-55 voyage across the northern plains.  Samuel Hearne's two 1770-72 journeys took him north of the tree-line and into the Coppermine River basin.

Figure 8.7 More than a half century would pass between Henry Kelsey’s exploration of the South Saskatchewan River in 1690-92 and Alexander Henday’s 1754-55 voyage across the northern plains. Samuel Hearne’s two 1770-72 journeys took him north of the treeline and into the Coppermine River basin.

Although the French were blocked from directly reclaiming territory on Hudson Bay, there was nothing to stop them from extending a string of trading posts in the Ungava Peninsula and the West. This strategy allowed them to block the supply of furs heading downriver to the bay.

Before the Conquest

This chapter opens in 1727 with the western expeditions of Pierre Gaultier de Varennes, Sieur de La Vérendrye. His mission represents, in part, a resumption of French efforts to find a northwest passage to the Pacific. His contacts around Lake Superior included Tacchigis, Ochagach, and Mateblanche, three Cree informants who provided La Vérendrye with intelligence and maps of the lake and river systems across the West. Complications arose when the Cree-French party encountered the Dakota Sioux at Lake of the Woods. There was long-standing enmity between the Dakota and the Cree, but also a recent alliance between the Dakota and the French in the Pays d’en Haut. The Dakota responded to this new French-Cree configuration as a betrayal on the part of the Europeans and slaughtered 19 in La Vérendrye’s group, including one of his sons.[footnote]Arthur J. Ray, I Have Lived Here Since The World Began: An Illustrated History of Canada’s Native People (Toronto: Lester Publishing, 1996), 79-81.[/footnote]

Ogagach's circa 1730 map of the chain of rivers and lakes between Lake of the Woods and Lake Superior has been likened to a subway station map in that it compresses distances and focusses on destinations.

Figure 8.8 Ogagach’s ca.1730 map of the chain of rivers and lakes between Lake of the Woods and Lake Superior has been likened to a subway station map in that it compresses distances and focuses on destinations.

These French incursions and uncertain relations with some of their own Aboriginal trading partners obliged the British to launch ambitious building projects on Hudson Bay. The most outstanding of these, though never completed, is Prince of Wales Fort at the mouth of the Churchill River. Begun in 1731, it was taken by the French in 1782 (during the American Revolution) without a shot being fired. The structure was partially demolished by the French before they handed it back to the British a year later. This was a minor setback for the HBC and the French were, in any event, out of the picture after the War of Independence (1775-83). But it was part of a larger emerging competitive era, one which had its centre along the St. Lawrence.

Prince of Wales Fort, built in the 18th century, is still an imposing stone structure ringed with cannons. (Photo: Ansgar Walk)

Figure 8.9 Prince of Wales Fort, built in the 18th century, is still an imposing stone structure ringed with cannons. (Photo: Ansgar Walk)

The Rise of the Montreal Merchants

After the Conquest the main players in the fur trade out of Montreal were British-American merchants. Their trading houses absorbed elements of the old French operations, and the largest and most successful of the new conglomerate enterprises to emerge was the North West Company (NWC). Its leaders were mainly Scots who (like its founder, Simon McTavish) arrived in Canada after the Treaty of Paris (1763) and before the arrival of the Loyalists (1783). They had deftly avoided taking the American side in the War of Independence but that didn’t make them warm friends of the English regime. Nor did their Presbyterian creed stop them from marrying French-Canadian Catholic women. Between the Conquest and the end of the American Revolution they worked in competition with one another in the near-west and the Pays d’en Haut. The outcome of the Revolution and the Treaty of Paris (1783) encouraged them to band together; they were further obliged to develop new strategies for an area north of the 49th parallel after Jay’s Treaty (1794) reduced their ability to work in what was now the American northwest. Hard-headed businessmen with strong connections in New York, the Nor’Westers were a fluid and sometimes fractious set of partnerships that did their level best to subvert the HBC and evade the monopoly held in Asia by the British East India Company.

There may have been discontinuities in entrepreneurial leadership in Montreal, but the fieldwork remained structured much as before. The main corridor of trade was along the Canadian Shield via the site of Wendake (Huronia), into the northern Great Lakes, on to Michilimackinac, and then to the NWC’s main posts at, first, Grand Portage then at Fort William (now part of the city of Thunder Bay). Canadiens continued to play an important role in the actual trading and transshipment process, as did Iroquois, and Métis trip men and voyageurs. (Looking at a typical personnel list from any western expedition, it is difficult to imagine that it would be conducted in any language other than French.) The NWC pressed far into the interior of North America, seeking out furs. This expansionism was a direct challenge to their chief competitors, the HBC, which was just breaking out of its shoreline redoubts and heading upriver.

Another feature that distinguished the NWC is that it operated on a profit-sharing basis. A trader in the company could easily amass a good deal of wealth and had the motivation to do so. The wintering partners — the prominent NWC employees who spent the year in the West — were also part of the decision-making processes of the company. Sometimes also called hivernants, they would meet annually with the Montreal agents at Fort William where company-wide plans would be made in council. The family connections within the NWC — with McTavish at its centre — contributed a patriarchal structure to the decision making.

At the forks of the Pembina River in what is now North Dakota, an HBC fort (left) opposes an NWC fort (right). This was at the border of Assiniboine, Lakota Sioux, and Anishinaabe territories, c.1822. (Painting by Peter Rindisbacher)

Figure 8.10 At the junction of the Red River and Pembina River in what is now North Dakota, an HBC fort (left) opposes an NWC fort (right). This was at the border of Assiniboine, Lakota Sioux, and Anishinaabe territories, ca.1822. (Painting by Peter Rindisbacher.)

The consultative approach and shareholder system of the NWC was a stark contrast to the hierarchical business model of the HBC. Headquartered in London, the HBC was led by individuals with no direct experience of the fur trade who have been described, consequently, as “cautious, even timid.” Its employees were called “servants,” a title that reflects the deferential and status-conscious relationship they had with their “officers.” Indeed, many of the “servants” were working off seven-year indentures and could look forward at the end to a good letter of reference and a suit of clothes. “But,” as one scholar of the HBC says, “if the Hudson’s Bay Company was at times sluggish, it was never inert. Rigor mortis was not setting in. When it embarked in new directions the Company moved forward relentlessly, and all its advantages of organization and experience made it a formidable competitor.”[footnote]Daniel Francis, “Traders and Indians,” The Prairie West: Historical Readings, eds. R. Douglas Francis and Howard Palmer (Edmonton: University of Alberta Press, 1992), 69.[/footnote] And when the HBC seemed most on the ropes — as it did in the first two decades of the 19th century — it bounced back.

Key Points

  • By the mid-18th century, French traders were making headway into the West.
  • The post-Conquest fur trade saw the rise of British and British-American merchants in Montreal.
  • The two principal fur trade companies were organized very differently and each had specific strengths and weaknesses.

Attributions

Figure 8.7
Hudson Bay Exploration Western Interior map de by Alexrk2 is used under a CC-BY-SA 3.0 license.

Figure 8.8
La Vérendrye Map by BlueCanoe is in the public domain.

Figure 8.9
Churchill Fort Prince of Wales 1996-08-12 by Ansgar Walk is used under a CC-BY-SA 2.5 license.

Figure 8.10
View of the two Company Forts on the level prairie at Pembina on the Red River by LibraryArchives is used under a CC-BY 2.0 license.

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8.3 Intrusions during the 17th Century

Cultures present in the Arctic, 900CE - 1500CE.

Figure 8.4 Cultures present in the Arctic, 900 to 1500 CE.

Until the 1690s, Europeans made only small forays into the lands of the Innu (Montagnais and Naskapi), the Cree, the Chipewyan, and the Inuit. Existing networks of traders and middlemen (such as the Wendat and the Montagnais) made it unnecessary for the French to extend their reach farther north. Another factor that limited the French intrusion in the North was the persistent belief that a body of water bisected the continent. Given how deeply the St. Lawrence penetrates North America and how much farther still the Great Lakes basin can be followed inland, this makes some sense. What massive river must somewhere feed into the Great Lakes and thus into the St. Lawrence? Would it just be a matter of finding the right portage? Somewhere between the Missouri and the Assiniboine, it was reckoned, there was a river that was to the west what the St. Lawrence was to the east. That hope that a waterway to the Pacific and then to China existed was difficult to shake and it served to delay French movement northward from the colony of Canada.

The British were similarly impelled to hunt out a northwest passage. They, however, came at the problem from the North, via Hudson Strait and then Hudson Bay.[footnote]Historically, the possessive is used: i.e.: Hudson’s Bay. In the 20th century the possessive gradually fell out of use for the place but not for the company, thus: Hudson Bay and Hudson’s Bay Company. [/footnote] The first documented attempt to do so was that of Henry Hudson in 1610-11. It ended badly for Hudson: his crew mutinied and cast Hudson, his son, and his remaining loyal crew adrift. Efforts to find a northwest passage would continue for more than two centuries but, in the meantime, there were renewed fur trading opportunities in the North.

It is likely that the Cree first encountered Europeans before Hudson’s ill-fated expedition. A single Cree male, without being urged to do so, offered Hudson and his crew deer and beaver pelts and then withdrew them when goods offered in exchange were not to his liking. This story is taken by some scholars as evidence that the Cree trader was familiar with European goods and their value relative to Aboriginal products.[footnote]Olive Patricia Dickason, Canada’s First Nations: A History of Founding Peoples from Earliest Times, 3rd edition (Don Mills: OUP, 2002), 73.[/footnote] For the next 40 years, Cree furs would find their way into the hands of merchants on the St. Lawrence via Anishinaabe and Algonquin middlemen and the Wendat trademart. The destruction of the Wendat Confederacy closed that outlet, although their first-tier middlemen were still mostly in place.

The prospect of direct trade was attractive to the Cree. Price markups that were added as goods passed south along the way to New France meant that the original suppliers on Hudson Bay received far less than their commercial allies closer to the St. Lawrence. And the goods the Cree received in return were costly and of poorer quality. With that in mind, Cree trappers attempted from the 1670s on (if not earlier) to draw the attention of the French to their rich stock of fur animals in the North. The French, however, were in the midst of their compact colony experiment and were concerned that opening posts on “the frozen sea” would undermine what little progress had been made in the development of the St. Lawrence Valley.

Two French fur traders (and brothers-in-law) — Pierre Esprit-Radisson (1636-1710) and Médard des Grosilliers (1618-1696) — held a different perspective. They tried to demonstrate the value of this new market intelligence by heading straight to James Bay. They returned with a daunting number of high-quality pelts. Rather than receive a hero’s welcome, however, they were disciplined for ignoring the governor’s strictures against trading farther north. Subsequently Radisson and Grosilliers took their knowledge to Bostonian merchants and then to the English. They found an interested party in Prince Rupert of the Rhine (1619-1682), an entrepreneurially astute German-born cousin of King Charles II. In 1670 a monopolistic charter modelled on the East India Company was granted to “The Governor and Company of Adventurers of England trading into Hudson’s Bay,” known more economically as the Hudson’s Bay Company (or simply, the HBC). The territory under the prince’s watch was a massive drainage basin, which the Crown named Rupert’s Land.

Approximate boundaries of Rupert's Land.

Figure 8.5 Approximate boundaries of Rupert’s Land.

Into the Bay

Looked at straight on, the map of North America shows Hudson Bay as a gut that sags into the middle of Canada. For navigators, however, it is a vast inland sea with a huge coastline, a gulf that opens through the wide channel of Hudson Strait into the North Atlantic. In nautical miles, the distance between Bristol and York Factory is almost exactly the same as between La Rochelle and Montreal. There was hope, too, that one of the river systems that empties into the western bay might lead to a Pacific opening. On this score the British (and the French) were disappointed. Once in the bay, however, European fur traders had direct access to the principal Aboriginal trappers and traders with whom the French had been dealing second-hand down south. This cheered them up.

In 1668, two years before the formation of the HBC, the English established a fort in an area on James Bay (known to the Cree as Waskaganish) and named it Rupert House (a.k.a. Charles Fort). The HBC followed up with two other James Bay posts: Moose Fort (a.k.a. Moose Factory) in 1673 and Fort Albany in 1677. The French launched a response almost immediately. In 1672, in a case of foreshadowing that was ignored by the English, a Jesuit priest (Charles Albanel) and a small party of French from Canada crossed Innu territory from Tadoussac via the Saguenay and reached Rupert House. The intent of this mission was evidently diplomatic but it was inconclusive: no one was at home at the HBC fort, so the Jesuit left a note and his party returned to Canada.

A more robust response came in 1686 when Chevalier de Troyes, a French captain recently arrived in Canada, led an overland expedition to James Bay. The attack on Moose Fort was successful and de Troyes (along with the d’Iberville brothers) went on to capture Rupert House and then Fort Albany. This hat-trick campaign took place when France and England were officially at peace, another case where colonial agendas superseded imperial interests. The English returned in 1688 but failed to win back the forts; they were more successful in 1696. The Treaty of Ryswick the following year settled very little and war on the bay resumed in five years’ time. It was not until the Treaty of Utrecht (1713) that French claims on both James Bay and Hudson Bay were formally relinquished.

More than two generations of intermittent conflict and what the Cree experienced as useful competition between the Europeans around the bay finally came to a close. The 18th century would see the French presence expand in the West and the HBC would follow suit. Thanks to wars in the eastern woodlands and in Europe, as well as skirmishes in the bay itself, the cultural and other consequences of commerce between Aboriginal and non-Aboriginal parties in the West and North were at this stage not yet extensive. Things would quickly change in this regard.

Exercise: Documents

Beaver Fever

The fur trade in the interior of North America is about beaver. In countless museum exhibits, films, re-enactments, and so on, it’s about beaver. The crest of the HBC proudly incorporates a beaver. Truth be told, the HBC (and the North West Company) were pretty open-minded when it came to other kinds of pelts. Certainly beaver pelts were at the heart of the industry and some of the confusion arises from what might be called the “exchange rate” of the fur trade: the “made beaver.” This standard was based on an adult male beaver taken in winter, when the fur would be at its thickest.

All commodities traded in or out of Rupert’s Land were reckoned in terms of their “made beaver” value. Look at this record of furs traded at Fort York (York Factory) in 1714-15. The left-hand ledger shows the quantity of furs purchased at the fort and their relative value in “made beaver.” The right-hand ledger shows the value of European goods reckoned per “made beaver.” For example, while red fox pelts were accepted at par with “made beaver,” white foxes were only half as valuable. And one “made beaver” could purchase two “scrapers.” Just looking at the columns (and not the very-difficult-to-read material at the bottom), how many different animal remains were being traded at Fort York and what was the most valuable? Looking at the right-hand column, what does 21,078 “made beaver” buy?

1280px-Hudson's_Bay_Company._List_of_skins_tradet_from_Sept._8th,_1714_to_Aug._1st,_1715_and_Standard_of_trade_decreed,_by_Governor_James_Knight_in_1715

Key Points

  • French forays into the Hudson Bay drainage before the late 1600s were largely unnecessary and less promising than explorations into the West.
  • British interest in the region resulted in the creation of a chartered monopoly and the erection of forts along the edge of Hudson Bay.
  • The HBC monopoly was not a deterrent to French incursions and competition, all of which worked to the advantage of Cree and Innu traders.

Attributions

Figure 8.4
Arctic cultures 900-1500 by Masae is used under a CC-BY-SA 3.0 license.

Figure 8.5
Ruperts land by Themightyquill is used under a CC-BY-SA 3.0 license.

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Chapter 8. Rupert’s Land and the Northern Plains, 1690-1870

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7.9 Summary

In the half century or so between the Conquest and the end of the War of 1812, colonial North America was essentially reinvented. New France disappeared from the maps, although the people of New France were still a prominent part of the landscape. British authority spread out across the continent and then snapped back to, ironically, the boundaries of pre-1713 New France (less the Ohio, the Pays en Haut, and Louisiana). Nova Scotia, similarly, expanded, divided, contracted. New colonies were carved out of what had been Canada and Acadia. Newfoundland became less “a great ship moored off the Grand Banks” and more a settlement colony with permanent residents and a formalized system of colonial administration.[footnote]Jerry Bannister, “Naval Government 1729-1815,” on Silk Gowns and Sou’westers: History of the Law and the Courts (2000). Accessed 23 December 2014, http://www.heritage.nf.ca/lawfoundation/articles/naval.html .[/footnote]

The greatest change, of course, came in the form of the new republic comprising the Thirteen Colonies. Their War of Independence was simultaneously a civil war, one that resulted in the exodus of 80,000 to 100,000 Loyalists, roughly half of whom made their way to the remaining colonies. The Loyalist legacy is a complex issue. As an infusion of population and especially families, the Loyalists very abruptly accelerated the settlement process of the northern colonies. Looked at another way, they accelerated the process of displacing Aboriginal peoples, removing them from their traditional lands, overwhelming their numbers, and thus outweighing whatever threat they might still pose to newcomer communities, whether in the Maritimes or around the Great Lakes.

Administratively, the Loyalists brought particular demands. They were loyal to the Crown but they were accustomed to a degree of self-government in the old Thirteen Colonies. This necessitated the creation of New Brunswick and Upper Canada, two colonies in which Loyalist agendas would dominate political life for the better part of a century. The Loyalists brought with them a suite of values, as well, that informed British North American life. Among the elite there was a strong tendency toward conservative principles and a deep-seated mistrust of democratic and republican ideals. Many of the frontier farmers, Mohawk, German settlers, and freed slaves who were part of the migration north, however, came with different political positions in their cultural baggage. It is commonly claimed that the Loyalist legacy in modern Canada is detectable as a strain of patriarchal and aristocratic conservatism distinct from what is found south of the border. However true that may be, historians and political scientists agree, too, that there were contrary tendencies within the exile community.

At the very least, the Loyalist migration defined the revised British North America in opposition to the United States. Enmity, suspicion, lingering attachment, and admiration were all part of the range of emotions felt toward the United States by this cadre of refugees and those who joined them in later generations. By 1815 British North America had demonstrated a convincing unwillingness to disappear. The War of 1812 brought to the surface tensions that existed between Loyalists and Late Loyalists, between the official notion of a British colony and a transplanted community of Americans, especially in Upper Canada. It also drew to an end the military role of Aboriginal peoples in the Great Lakes colony and farther east. Some alliances, like the Council of Three Fires, continued but the military value of Aboriginal allies was no longer a currency in Aboriginal-European diplomacy in British North America.

Key Terms

abolition: Refers to the abolition of the institution of slavery. In Britain a single piece of legislation resulted in the abolition of slavery in 1834. Abolition in Upper Canada was initiated by John Graves Simcoe in 1793.

aboriginal title: Aboriginal ownership of land and/or territory and/or other material resources.

absentee landlords: Also called proprietors, the main landowners on Prince Edward Island whose land was allocated to them in a lottery held in London in 1767. Few of them visited the island and few attended to the responsibilities they were given as landlords. Most, however, attempted to charge significant rents to their tenant farmers in the colony. See also escheat.

Act of Proclamation (1763): Also called the Proclamation Act, the legislation that created the Province of Quebec and recognized Aboriginal title in the west. The Act angered American settlers because it hampered westward movement into the Ohio Valley.

African-American slaves: Chattel slaves, principally from Africa, who worked primarily on plantations. Slavery occurred throughout North America in both European and Aboriginal communities. Some African-American (as opposed to African-Caribbean) slaves were later freed (see freedmen) depending on their role in the American Revolution.

anglicization: British policy of replacing French culture — language, customs, laws, and Catholic religion — with those of Anglican/Protestant Britain.

brewing: The production of beer, like the distilling of whisky, was a means of adding value to surplus grain being grown in Upper and Lower Canada beginning in the 1780s. John Molson of Montreal was an early participant in brewing and, like many Canadians who followed in his footsteps in the liquor production trade, amassed a great fortune.

British North America: Term used intermittently after 1783 to describe the colonies left to Britain after the Revolution. Initially these included Newfoundland, the Province of Quebec, Prince Edward Island, and Nova Scotia. Subsequently the list would increase to include new colonies (Cape Breton Island and New Brunswick), a partitioned colony (Upper and Lower Canada), and in very general terms Rupert’s Land (which was not administered by a Crown delegate). Vancouver Island and British Columbia would also be regarded as part of British North America before Confederation.

Chateau Clique: A highly influential cadre of economic and social leaders who fashioned themselves politically as the British (or Tory) Party in Lower Canada. Their numbers included prominent merchants like James McGill and John Molson. Their agenda included assimilation of the French Catholic population and perpetuating a hierarchical social and political order.

Chesapeake Affair: During the Napoleonic Wars, a British attempt to reduce American shipping to France by capturing U.S. shipping and impressing (forcing) sailors into the British Navy. In 1807 the USS Chesapeake, a warship, was bombarded and captured by the HMS Leopard; four sailors were seized and tried for desertion from the British Navy, one of whom was subsequently hanged. The Americans regarded this as an act of aggression and it fomented war fever in some quarters. See War Hawks.

Clergy Reserves: Created by the Constitutional Act (1791), land parcels set aside (one-seventh of all public lands) in Upper Canada for the use of the Church of England (a.k.a. Anglican Church). There were smaller Clergy Reserves in Lower Canada as well.

common law: British code of laws dealing with property, contracts, and other civil matters.

Constitutional Act (1791): The legislation that created two colonies — Upper and Lower Canada — out of what was left of the Province of Quebec after the Treaty of Paris, 1783. In Upper Canada the British common law was applied while the Coutume de Paris survived in Lower Canada. Both colonies received their own administrative structures.

Coutume de ParisA code of civil law developed in and for Paris and extended to New France. Addressed land ownership and use, family relations, and inheritance.

decapitation thesis: Historical theory that explains the apparent loss of Canadien leadership in the colony after the Conquest as the result of an exodus of leading commercial, administrative, and social figures to France.

Embargo Act (1807): In an attempt to force British and French respect for American shipping, federal legislation that was passed in Washington that effectively closed off all exports to foreign ports. The objective was to starve the importing nations of American goods and thus oblige them to cease preying on American shipping. It was repealed in 1809.

escheat: A movement to force unimproved lands on Prince Edward Island back into the hands of the Crown. The Escheat Party made the land issue the dominant one in the colony in the 19th century.

Family Compact: An association of leading individuals and families in Upper Canada devoted to the suppression of republican tendencies in the colony and perpetuating an oligarchy in government.

Fort Pitt: Site of modern-day Pittsburgh. Replaced the French establishment, Fort Duquesne.

franchise: The ability and right to vote in a democratic society. It is always arbitrarily determined and is defined as much by who it excludes as by who it includes. “Universal adult male suffrage” was never achieved in British North America before Confederation, far less the extension of the franchise to women or Aboriginal peoples generally.

freedmen: Slaves who, by manumission or by emancipation, were freed from slavery.

Intolerable Acts: A number of taxes and tariffs introduced by the British government during the Seven Years’ War that targeted the American colonies in an effort to recover financial losses. Following on American protests, Parliament passed more laws that gave Britain greater powers in the colonies. It also introduced the Quebec Act, which reattached the Ohio Valley and the Northwest to the Province of Quebec and enhanced the rights of the Catholic Church; both provisions were provocative in the Thirteen Colonies. Together, the Intolerable Acts catalyzed the revolutionary movement in the colonies.

Jay’s Treaty (1794): A treaty that resolved several issues outstanding from the Treaty of Paris (1783). The Americans were keen to address the continuing British presence and role in the Ohio/Northwest. The British wished to secure American neutrality in the French Revolutionary Wars and clarify the boundaries with Canada.

Late Loyalists: American immigrants who arrived in British North America in the years after the Revolution, especially in the 1790s and the first decade of the 19th century. Their “loyalism” was never certain and they were often outspoken critics of Toryism.

Louisiana Purchase: The sale of the Louisiana Territory by Napoleon to the United States. In 1800 France briefly reacquired the territory, which encompassed the western half of the Mississippi drainage (that is, from New Orleans to southern Alberta and Saskatchewan). Less than three years later, France decided to forgo attempts to rebuild New France and sold the territory back to the United States.

marchands: The Canadien merchants of Montreal, as opposed to the post-Conquest British and British-American merchants who arrived to take over the fur trade.

Napoleonic Wars: A series of wars involving France and much of the rest of Europe from 1803 to 1815. The War of 1812 was a chapter in the larger conflict.

Northwest Indian War: (1785-1795) Part of an ongoing attempt to insulate the Ohio Valley and what the Americans now referred to as their Northwest Territory against American invasion. Also known as Little Turtle’s War. Followed on Pontiac’s Rebellion and anticipated Tecumseh’s War.

Pennsylvania Dutch: German settlers in Pennsylvania, many of whom moved to Nova Scotia shortly after the Conquest.

pre-Loyalists: Non-francophone settlers in British North America who arrived before the Loyalist migration in 1783-84. Almost exclusively associated with settlers in Nova Scotia and New Brunswick.

proprietors: See absentee landlords.

Province of Quebec: Created by the Act of Proclamation (1763), included lands from Detroit to the Gaspé but removed the Ohio Valley and the west from Quebec’s (Canada’s) control.

Quebec Act (1774): Also called the British North America Act, 1774 (not to be confused with the British North America Act of 1867); the legislation that restored the Ohio Valley and the northwestern Pays d’en Haut to the Province of Quebec, provided official recognition of the rights of Catholics in the colony, and restored the Coutume de Paris and the ability of the Catholic Church to collect tithes. It recognized the rights of seigneurs and irritated the Thirteen Colonies where it was seen as cheating the Appalachian colonies of their prize in the Ohio. It was grouped with the other Intolerable Acts. It is regarded as a partial cause of the American Revolution.

taxation without representation: A principle espoused by American colonists in the 1770s articulating the view that British law forbade the seizing of a citizen’s property by the state without his consent (which could be given by an elected representative in Parliament). As the colonies had no representatives in Parliament, the colonists maintained that they could not be taxed.

Tories: Associated with Loyalists in the American Revolution whose philosophical position was opposed to the Whiggish/republican stance of Thomas Paine and the Patriots.

Treaty of Ghent (1814-1815): Intended to end the War of 1812 between Britain and the United States. The treaty was agreed to in 1814 but not signed into law by the American Senate until February 1815. The treaty restored the status quo ante bellum between British North America and the United States, which meant that Britain was removed from the American Northwest, leaving Aboriginal peoples without an ally to help defend their interests.

Treaty of Paris (1783): Ended the American Revolution (War of Independence). Not to be confused with the Treaty of Paris, 1763. Britain recognized the independence and sovereignty of the United States of America. Boundaries were established (and later disputed) between the United States and British North America. The United States was to compensate Loyalists for lost property, which never occurred.See also Jay’s Treaty.

United Empire Loyalists: An honorific title taken by Loyalists and their descendants to celebrate their migration to British North America at the end of the Revolution. Typically signals a strong Tory bent.

War Hawks: American politicians mainly from the South and West who were angered by British predations on American shipping out of their ports and British-Aboriginal harassment of settlers and American regiments. Their enthusiasm for war finally won out over New England caution in 1812.

Whig: A mutable term associated with the British Whigs (a radical/liberal political party), the American Patriots/Whigs (revolutionaries in 1775-1783), and 19th century Canadian liberals. Common features include a challenge to the prerogatives of the Crown, a suspicion of Catholicism, and belief in individual rights and liberties. In the American colonies it developed into a form of republicanism.

Short Answer Exercises

  1. What was the significance of continued Aboriginal resistance to the British in the West?
  2. Of what significance was the Proclamation Act of 1763 to Aboriginal nations, to the Canadiens, and to the new, English-speaking settlers of Canada?
  3. Why did Governor James Murray choose not to persecute the Catholic Church? In what other ways was he conciliatory to the colony’s French-speaking population and why?
  4. In what ways did the British regime change the economy of Canada and Nova Scotia?
  5. What was the Quebec Act and what was its importance?
  6. Characterize the Nova Scotian population and economy in these years.
  7. What developments precipitated the American Revolution?
  8. Who were the Loyalists? To what were they “loyal”?
  9. Why did Canada and Nova Scotia not join in the Revolution?
  10. What impact did the arrival of the Loyalists have on the Maritime colonies?
  11. Why was the Constitutional Act considered necessary? What problems did it seek to address?
  12. Who were the Late Loyalists and what was their impact on life in Upper Canada?
  13. How and why was the landscape of the Canadas undergoing change?
  14. What was the nature and character of slavery in British North America before 1818?
  15. In what ways did the Napoleonic Wars benefit the Maritimes, Newfoundland, and the Canadas?
  16. What was the character of Aboriginal resistance to American westward expansion?
  17. In what ways did British and Aboriginal agendas vis-à-vis the United States correspond?
  18. What were the outcomes of the War of 1812?

Suggested Readings

  1. Bannister, Jerry. “Convict Transportation and the Colonial State in Newfoundland, 1789.” Acadiensis XXVII, no.2 (Spring 1998): 95-123.
  2. Fenn, Elizabeth A.“Biological Warfare in Eighteenth-Century North America: Beyond Jeffery Amherst.” The Journal of American History 86, no. 4 (Mar., 2000): 1552-1580.
  3. Keough, Willeen. “The Riddle of Peggy Mountain: Regulation of Irish Women’s Sexuality on the Southern Avalon, 1750–1860.” Acadiensis XXXI, no.2 (Spring 2002): 38-70.
  4. Morgan, Cecilia. “’Of Slender Frame and Delicate Appearance’: the Placing of Laura Secord in the Narratives of Canadian Loyalist History.” Journal of the Canadian Historical Association 5, no.1 (1994): 195-212.
  5. Pastore, Ralph T. “The Collapse of the Beothuk World.” Acadiensis XX, no.1 (Autumn 1990): 52-71.
  6. Reid, John G. “Pax Britannica or Pax Indigena? Planter Nova Scotia (1760-1782) and Competing Strategies of Pacification.” Canadian Historical Review 85, no.4 (December 2004): 669-692.

Attributions

This chapter contains material taken from U.S. History: The American Revolution: 1763-1783/Patriots and Loyalists  created by Boundless. It is used under a CC-BY 4.0 International license.

This chapter contains material taken from Slavery in Canada? I Never Learned That! by Natasha Henry. It is used under a CC-BY-NC-SA 2.5 Canada license.

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7.8 The War of 1812

The situation in Europe had changed drastically by the end of the 18th century. Inspired by the American Revolution and especially by its democratic ideals, the common people of France took up arms against their absolutist rulers. From 1789 to 1793, the French Revolution took the form of civil war and bitter infighting. France exported its violence in the French Revolutionary Wars that ran from 1792 with little in the way of breaks until the first years of the new century. An increasingly militarized state, France reverted in 1803 from republic to empire, with General Napoleon Bonaparte its new emperor. What followed was a near-global series of conflicts known collectively as the Napoleonic Wars.

Britain declared war in 1793 and one of the first consequences was a tightening of the Navigation Acts that closed off American access to the West Indies. The Americans responded with the Embargo Act (1807). The effect of these changes was to lift the Maritime economy once again. Baltic sources of lumber were soon closed off to Britain, which benefited the New Brunswick forest industry. On the whole, the Napoleonic Wars were very good to British North America’s economy. Conflict on land and sea in North America, however, put a damper on things. The first of these conflicts was a resumption of unfinished Aboriginal business in the Ohio Valley.

Tecumseh’s War

The first Northwest Indian War (or Little Turtle’s War) followed hard on the heels of the American Revolution and lasted until the defeat of Aboriginal forces by American soldiers at the Battle of Fallen Timbers in 1794. Aboriginal people thereafter ceded most of the Ohio Valley to the United States, moving farther west into the “Indian Territory” or “Indiana.” In the years that followed, many leaders of Aboriginal tribes (that is, smaller units of organization) in the American “Northwest” tried to adapt to the newcomers’ ways. They signed treaties ceding lands in Ohio and Indiana to the United States, thus allowing for American settlers to move in and slowly expand American territory.

The chiefs who supported peace with the United States dominated the Amerindians of the area, such as the Shawnee, Miami, and Lenape, until 1805 when smallpox, influenza, and other illnesses swept through the Aboriginal population. Among the dead was a Lenape leader, Buckongahelas, who had shepherded his tribe from Delaware to Indiana to escape American expansion years before. He and others like him did not trust the Americans and did not want contact with them, due in part to the history of violent conflict between the newcomers and the Lenape. With the death of Buckongahelas, new leaders rose from the tribes in the region, including two brothers from the Shawnee: Tenskwatawa (1768-1836), also known as “the Prophet,” and his brother Tecumseh (1768-1813).

A portrait of Tecumseh by Benson John Lossing.

Figure 7.18 A portrait of Tecumseh by Benson John Lossing.

Tenskwatawa and Tecumseh both opposed American expansion into the region and what they saw as an unhealthy American influence on their people. Tenskwatawa had himself been a heavy drinker before having a transformative experience during an illness in 1805. From then on, he promoted a return to the old ways, calling upon Aboriginal peoples of the Ohio and the Northwest to throw off Euro-American technologies, products, clothing styles, and cultural adaptations. This included rejecting Christianity. In this respect he was following in the footsteps of Neolin the Prophet. Tecumseh’s contribution was to argue for a unified, pan-Aboriginal front that ignored the ancient distinctions between First Nations.

The leader of a large and extensive confederacy of mostly Algonquian-speaking peoples in the Ohio and lands to the west, Tecumseh’s message was one of common ownership of Aboriginal land, as opposed to individual tribal treaties that signed away, piecemeal, the Ohio and then the rest of the continent. As the brothers rose to prominence and attracted followers, they drew American attention and contempt, which, in turn, created problems for pro-American Aboriginal peoples who sought a peaceful co-existence with the settlers.

In 1808 the brothers and their followers moved westward and established Prophetstown on the Wabash River where it joins the Tippecanoe River, south of Lake Michigan. There, in November 1811, the Americans launched an attack on what had grown into a community of more than 3,000 Aboriginal people. Tecumseh was away on a recruiting mission and Tenskwatawa led his people to defeat. Tecumseh wasted no time in rebuilding the alliance, pointing to Prophetstown as an indication of what lay in store for Aboriginal people who did not resist American incursions. Tecumseh sought out support from the British, which he secured. It was for this reason that the Americans accused the British of stirring up trouble on their western frontier.

The Second American War of Independence

Meanwhile, the British were harassing American shipping headed to France. The Royal Navy tried to starve France of imports and American shipping was an easy target. As well, the British were looking for British sailors who jumped ship to American vessels. There were plenty and they provided an excuse for the Royal Navy to seize American ships. An attempt to stop the American vessel Chesapeake in 1807 resulted in American casualties (including three dead) and the seizing of four alleged British deserters. The Chesapeake Affair pushed the so-called War Hawks in the U.S. Congress to agitate for war with Britain. It took nearly five years but they got a declaration of war on June 1, 1812. For the Americans this seemed like an enormous risk, one requiring a lot of bravado. But it wasn’t. Britain was not prepared to turn the full force of its military might on the United States; it was too busy in Europe fighting France. In fact, the British government had not wanted a war with the Americans at all. The actions of British admirals on the high seas reflected the needs of the Royal Navy, not the desires of the British government.

Nor did the rise in hostilities necessarily reflect the desires and interests of settlers on either side of the border. Trade across the frontier between British North America and the United States had, in fact, been stimulated by the Napoleonic conflict. Rising British demand for wheat could not be met by British North America alone, and American producers and shippers took advantage of the situation to export their grain through Canadian ports (as well as Halifax and Saint John). According to contemporaries, American grain shippers smuggled sledges over snow and ice to Montreal in winter and in summer, “gigantic rafts loaded with the produce of forest and farm and guarded by armed men were floated down the Lake Champlain route from Vermont north.”[footnote]T. J. A. Le Goff, “The Agricultural Crisis in Lower Canada, 1802-12: A Review of a Controversy,” in Perspectives on Canadian Economic History, ed. Douglas McCalla (Toronto: Copp Clark Pitman, 1987), 22.[/footnote]

Upper Canadian settlers in the Niagara Escarpment included a great many Americans who had simply migrated westward and paid little heed to the border between the two countries. Likewise, Canadian exporters on the north side of Lakes Erie and Ontario shipped goods across the water to American ports. Families in exile since 1783 were in some instances reunited by these economic linkages before 1812. War, in these circumstances, was bad for business, even if one’s business was subsistence farming. Such concerns did not, of course, factor into the thinking of Britain or Washington.

The Americans could not attack Great Britain directly; an invasion of the British Isles was out of the question. To conduct the war, the Americans had to find British military targets at sea, in the form of the Royal Navy, and on land in North America, where the first obvious target was Canada. By 1812, some Americans believed that an invasion of Canada would trigger a Canadian revolt and help ensure an American victory, which might even bring the war to a quick end. They were wrong. The former American president Thomas Jefferson famously claimed that the “acquisition of Canada” would be a “mere matter of marching.” The war in the north went badly for the Americans at every stage.

Although the United States had declared war, Britain was better able to communicate to their colonists in North America about the outbreak of official hostilities. For this reason, the American garrison at Fort Michilimackinac was surprised when a British force arrived in July 1812 and demanded their surrender. The British force was small, consisting of the garrison from St. Joseph Island along with Aboriginal warriors from several nations and some Canadians. The fort fell without a shot being fired. It was an inauspicious start for the Americans, and it sent a signal to Tecumseh that it was time to ready his troops for a coordinated attack on the Americans.

British relations with the Aboriginal nations of the Great Lakes had improved after 1783. Rounds of gift-giving and quiet support for anyone who was harassing the Americans repaired Britain’s reputation in the Ohio and the Northwest. (The War Hawks were right in their suspicions in this regard.) Keeping the Americans off-balance in the West was undoubtedly in the best interests of the British and Canadians, although the settler society was hardly anti-American. Efforts to drum up support and voluntarism among the Upper Canadians was, as historian Jane Errington has demonstrated, largely a failure.[footnote]E. Jane Errington, “Reluctant Warriors: British North Americans and the War of 1812,” in The Sixty Years’ War for the Great Lakes, 1754-1814, eds. David Curtis Skaggs and Larry L. Nelson (East Lansing: Michigan State University Press, 2001), 325-36.[/footnote]

The War in Canada

Tecumseh joined General Isaac Brock (1769-1812) near Detroit in an effort to jointly capture Detroit. Victory followed quickly on August 16, 1812, one that demonstrated a shared genius on the part of both commanders for psychological warfare. Through clever ploys and simple deception, they were able to convince the Americans that their forces were much larger than they actually were, and they both preyed on the Americans’ fear of an unbridled Aboriginal attack. Brock had nothing but good things to say about Tecumseh. “A more sagacious or a more gallant Warrior does not I believe exist,” he wrote.[footnote]Herbert C. W. Goltz, “TECUMSEH,” in Dictionary of Canadian Biography, vol. 5 (University of Toronto/Université Laval, 2003). Accessed August 30, 2014, http://www.biographi.ca/en/bio/tecumseh_5E.html .[/footnote] The fall of Detroit meant that the whole of the American Northwest was vulnerable. More Aboriginal troops were emboldened to rise against the Americans and support the British, and they were all further encouraged by the subsequent fall of Fort Dearborn (Chicago) to a force of Potawatomi. Neither Tecumseh nor Brock would have long to savour these victories.

Tecumseh’s path took him into battles along the Lake Erie frontier. His forces were obliged to follow in the wake of Major General Henry Procter, a commander who lacked Brock’s resolve and imagination. Following setbacks on the lake and at Amherstburg, Procter led a retreat up the Valley of the Thames repeatedly refusing to take up offensive positions. Finally, at Moraviantown on October 5, 1813, Procter stopped running. His troops were, however, much depleted and demoralized. Against an American force three times that of the British-Aboriginal-Canadian alliance, the outcome was almost certain. Tecumseh was one of the casualties of the battle. With his death the Confederacy and the dream of a unified Aboriginal homeland in the Great Lakes region perished as well. The Aboriginal warriors from across the region dispersed and thereafter played only a minor and supporting role in the war.

A sketch of the troops arrayed at the Battle of the Thames, showing where Tecumseh fell.

Figure 7.19 A sketch of the troops arrayed at the Battle of the Thames, showing where Tecumseh fell.

Brock peeled off from the western frontier to defend the Niagara Peninsula in October 1812. An American assault on Queenston Heights failed badly with 1,000 American soldiers captured, but Brock died leading an attempt to dislodge the Americans from the hilltop. In April 1813 the Americans launched a new cross-lake offensive, briefly capturing, burning, and looting York, then the colony’s capital. This was the first instance of destruction of public buildings for which the Americans would repeatedly pay a high price in 1815. The main focus of battle then shifted back to the Niagara Peninsula where Fort George fell to the Americans, but the Aboriginal forces — alerted by Laura Secord, a local woman who had overheard American officers laying out their plans  — were able to repel them at Beaver Dams on June 24, 1813. British regulars and Canadian militia played a larger role at Lundy’s Lane on July 25, but the outcome was largely inconclusive. This became a theme of naval battles on the Great Lakes in the year that followed.

The Americans were clearly exploring the pinch-points of Canada’s supply lines. Capturing the Niagara would have controlled the flow of supplies between Lake Erie and downstream Lake Ontario. Likewise the eastern end of Lake Ontario at Prescott became a target in an effort to cut off Upper Canadian troops from Montreal suppliers. The Battle of Ogdensburg, however, provided another victory for the British. The American garrison withdrew and commerce across the border resumed as though there was no war. Likewise the American attacks in late 1813 failed along the Champlain corridor. (Champlain Lake issues into Champlain River and then into the St. Lawrence and was a Haudenosaunee invasion route for centuries.) Battles at Chateauguay and Crysler’s Farm went well for the British forces. Importantly, Chateauguay was fought mostly by Canadien Voltigeurs, a volunteer regiment bolstered by promises of significant land grants at the end of the war, along with Mohawks from near Montreal.

Heading to a Draw

By 1813 American attacks on the Canadas ended. Abandoning their position around Fort George, the Americans decided to torch the town of Newark (now Niagara-on-the-Lake) and did so with the enthusiastic support of pro-American Canadians led by a member of the legislative assembly of Upper Canada, John Willcocks. The burning of Newark — and the subsequent deaths of civilians from exposure in metre-deep snow — led to the retributive assault on Lewiston, New York, which was only halted by Tuscarora warriors who interceded on behalf of American settlers. This moment stands out in the War of 1812 because it reflects the lack of the pan-Aboriginal vision that Tecumseh had in mind: the troops stopped by the Tuscarora — the sixth of the expanded Six Nations Iroquois — included a large contingent of Mohawk warriors. Disunity among the Haudenosaunee clearly had not improved since 1783.

The Burning of Newark

Newark was Upper Canada’s original capital, but Governor Simcoe thought it was too vulnerable to attack and so moved the seat of government to York. He was prescient. The Americans were withdrawing from the Niagara Peninsula in the second week of December 1813. Their Canadian allies, led by John Willcocks, were exasperated at this turn of events and demanded that Newark pay a price for Upper Canada’s resistance. Willcocks and his volunteer regiment, overseen by the American troops, razed the town by fire. One eyewitness, a 16-year-old girl named Amelia Ryerse, subsequently reported on what she had observed: “When I looked up I saw the hillside and the fields as far as the eye could reach covered with American soldiers… My mother knew instinctively what they were going to do. She entreated the commanding officer to spare her property and said that she was a widow with a young family. He answered her civilly and respectfully and regretted that his orders were to burn… Very soon we saw a column of dark smoke rise from every building and what at early morn had been a prosperous homestead, at noon there were only smouldering ruins.”[footnote]Quoted in Alistair Sweeney, Fire Along the Frontier: Great Battles of the War of 1812 (Toronto: Dundurn, 2012), 187.[/footnote] Accounts claim that 149 homes were destroyed. The burning of Newark as well as the American attempt to raze York contributed significantly to the British decision to later torch the American capital.

The war dragged on for another year and a half, but the theatre of conflict was no longer along the British North American frontier. The sacking of York was avenged by the burning of public buildings in Washington. The Royal Navy’s attempts to press Britain’s advantage at sea led only to stalemates, such as the shelling of Baltimore. British failure at New Orleans early in 1815 failed to dislodge the Americans from the Mississippi Valley holdings they had recently acquired from France in the Louisiana Purchase.

Historians are divided over the outcome of the war, although everyone agrees that the Aboriginal peoples of North America lost. Tecumseh’s Confederacy fell to pieces with his death, the Haudenosaunee remained divided, and even if the British and Americans could agree to provide a sacrosanct Indian territory in the midwest there was no one of Tecumseh’s stature left to pull it together. Continental domination, in any event, was within the grasp of the Americans and this was certainly confirmed by the outcome of the war. Aboriginal populations across the northwest and the southeast were forcibly relocated to Kansas and Oklahoma, part of which is remembered as the “Trail of Tears.”  The Wyandot — a coalition of Wendat (Huron) and Tionontati (Petun) — were among those removed to Kansas in the 1840s. British commitments to their Aboriginal allies grew stale and a centuries-old partnership turned into something more like guardianship in the decade that was to follow.

Canada was a victor in that it did not lose any territory. Britain didn’t concede anything at the Treaty of Ghent, so it can be argued that the American failure to punish Britain for the Chesapeake counts as a British win. But the Americans had inflicted serious wounds on Canada, on British forces, on Aboriginal alliances, and on the British Treasury. It was back to the status quo ante bellum after Ghent, but America was a changed nation. British North America’s survival was earned and deserved, but it lived with the consequences of 1812-1815 for many years to come.

Rush-Bagot, Republicanism, and British North American Identity

In 1817 the British and Americans signed the Rush-Bagot Treaty, which demilitarized the Great Lakes. Rather than a zone of conflict they became a zone of commerce. This worked splendidly for small and large merchants alike. Ideologically, however, it represented a significant change.

The elites of British North America were distinguished by a number of qualities, one of which was their Toryism. Loyalists from 1783 and their heirs were reinforced by a mythological legacy of 1812-1815 when, it was claimed, brave Canadian militiamen repelled American armies. This account purposely underplays the lack of interest (if not distaste) many Canadians felt toward fighting with their southern neighbours, but it served to legitimate the Chateau Clique in Lower Canada and the Family Compact in Upper Canada and the Maritime colonies. It was also a foil to brandish against those more republican-minded British North Americans who were outspoken in their admiration of American political institutions. To be a republican — rather than a Tory — was to climb into bed with the enemy to the south, not to mention the enemy in France. Toryism and privilege were safe for the time being.

No one was completely fooled by the more exaggerated claims of Tory myth-makers; there was no chance that a British North American militia could hold off an American assault without British support. British North Americans would continue, therefore, to thread their Western Hemispheric identity with one that involved Britain. Certainly the economy would continue to point in that direction as the colonies strove to survive and advance in the depression years after the Napoleonic Wars.

Key Points

  • The years between 1783 and 1815 were marked by almost continuous Aboriginal resistance to American expansion into the Ohio Valley and what the Americans described as the “Northwest.”
  • Americans suspected the British of stirring up and provisioning Aboriginal resistance which, combined with British attacks on American shipping, contributed to a growing call in Washington for a “second War of Independence.”
  • The initial stages of the War of 1812 went well for the British/Canadian/Aboriginal forces but significant setbacks at Moraviantown and along the Niagara Escarpment resulted in an inconclusive outcome.
  • The War of 1812 became a myth-building moment in the development of an anglo-Canadian identity.

Attributions

Figure 7.18
Tecumseh02 by Nikater is in the public domain.

Figure 7.19
Battle-of-the-Thames-array by Acdixon is in the public domain.

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7.7 Slavery

African slavery existed in the colonies of New France and British North America for over 200 years, yet there remains a profound silence in classrooms and teaching resources about Canada’s involvement in the trade and ownership of humans. According to available historical documents, at least 4,000 Africans were held in bondage in the two centuries of colonial settlements in New France, New Brunswick, Prince Edward Island, Nova Scotia, and Upper Canada. Thayendenaga (Joseph Brant) owned slaves. Other Loyalists brought their slaves with them into exile. In the absence of plantations, most slaves were held in small numbers and likely worked principally in household roles. Their living conditions varied dramatically and, whatever humanity was shown them on a day-to-day basis, they were chattel slaves and could be sold. Family members could be sold separately. The absence of plantation conditions does not mean that the lot of slaves was much better in New France or British North America than it was in the American South.

Aboriginal Slavery

Similarly, Aboriginal slaves could be found throughout New France, many of them acquired as captives from the Fox Nation and, before that, from northern Louisiana. In the southern reaches of New France in particular the currency for slaves was rifles and horses, and some Aboriginal groups, like the Caddoans, were fearsomely well armed as a result.[footnote]Colin G. Calloway, One Vast Winter Count: The Native American West before Lewis and Clark (Lincoln: University of Nebraska Press, 2006), 317.[/footnote] Although Aboriginal slaves were forbidden in Louisiana, they were not in Canada and Acadia. Giving slaves as gifts was commonly practised by many of the Canadiens’ Aboriginal allies in the Pays d’en Haut and, especially after the Great Peace of 1701, this was a means of reaffirming the relationship. Aboriginal slavers handed on (usually with some ceremony) the captives they scooped up in raids on Plains nations to allies from the Illinois territory eastward, even as far as the Wabanaki Confederacy. In some cases, western Aboriginal slaves were exchanged for English captives who were then returned to Boston.

Slaves certainly appeared in greater numbers in the St. Lawrence Valley in the early 18th century. Typically the Aboriginal slaves found in the Laurentian settlements (and very heavily concentrated in Montreal) were male, obtained when they were around 14 years old, and originated in the Illinois country. When furs and slaves from the West were taken to South Carolina for trade with the English, the French regime sought to stop the practice quickly. Furs and slaves were part of the diplomatic relationship on the frontier; if Western nations were happy trading or giving slaves to the English, the alliances might crumble. For that reason, ostensibly, slave owning in Montreal was actively encouraged to offset the Carolinian demand.

One study points to an irony in the slave-trading business in the Pays d’en Haut. Originally, in the late 17th and early 18th centuries, it was grease for the wheels of diplomacy, a means of ensuring a continuance of the Great Peace between the French and their allies and, as well, among their allies. But growing demand for Aboriginal slaves in the towns and farms of Canada meant that Aboriginal allies were motivated to engage in war against their neighbours to obtain prisoners. Further, Aboriginal torture practices associated with captives began to change and even fade away because the injuries that were traditionally inflicted on prisoners (even those who might become adoptees) reduced their value to French buyers and allies. More war but less torture is a trade-off of sorts, but not a great one if the motivation is to enslave greater numbers.[footnote]Brett Rushforth, “‘A Little Flesh We Offer You’: The Origins of Indian Slavery in New France,” William and Mary Quarterly, 3rd series, 60, no.4 (October 2003): 777-808.[/footnote]

The context of slavery in eastern woodland Aboriginal societies has already been explored: it was closer to adoption than to chattel slavery. For the French, however, ownership was complete and included the children of slaves in perpetuity. Nevertheless, freedom could be obtained and there is evidence to suggest adoption-like conditions in some Canadien households. On the West Coast, Aboriginal societies maintained slaves as chattel, some of whom were executed during potlatches as a symbolic disposal of property.

African Slavery

The arrival of liberated African slaves from the American colonies in the 1770s and 1780s complicated the issue of slavery. As freedmen (and women) they became critics of the abuse of African slaves in particular.  In the early 1790s this became a greater public issue and Lieutenant-Governor John Graves Simcoe (1752-1806), the first lieutenant-governor of Upper Canada, from 1791 to 1796, championed legislation intended to bring a gradual end to slavery in Upper Canada. This was a remarkable initiative in that it was the first limitation on slavery in the British Empire. It was, however, also a slippery piece of law that did not prohibit slave owners from selling their people to buyers in the United States, keeping the children of slaves in bondage, and holding the slaves already in their possession until their death. What it did do was prohibit the import of new slaves. The “peculiar institution,” as 19th century Southerners who were averse to the word “slavery” called it, continued in Canada until the British Parliament voted for abolition in 1834.

Marie-Joseph Angélique

Among the most famous of Canadian slaves is Marie-Joseph Angélique. She achieved notoriety in her lifetime by tragedy and arson, and in our time by the work of historians of New France curious about the extensive labour force working in bondage on farms and in the fur trade.  Angélique was born into slavery in Portugal and arrived in Montreal via New England in 1725.  She was a young adult, about 20 years of age, and, although she was unmarried, she had three children while the property of a prosperous Montreal fur trader, François Poulin de Francheville. Her owner died in 1733 and Angélique evidently took a lover from among the White indentured servants (who themselves occupied a position near to slavery). Learning that Thérèse de Couagne, Francheville’s widow and heir was planning to sell her, Angélique and her lover made a run for it. Angélique was captured and returned to de Couagne, which was a mistake. The young woman wreaked vengeance on de Couagne by setting fire to the house. The flames spread rapidly, destroying 46 buildings and the convent and hospital, the Hôtel-Dieu. Suspicion fell immediately on Angélique. Denying her guilt to the end, she was convicted and sentenced to execution but not before a post-trial round of torture and public shaming. The executioner strangled Angélique and then hanged her from the burnt-out rafters of de Couagne’s ruined house.  Her executioner was another slave, Mathieu Léveillé, brought to Montreal from Martinique when the position came open a few years earlier.[footnote]Afua Cooper, The Hanging of Angelique: The Untold Story of Canadian Slavery and the Burning of Old Montreal (Athens: University of Georgia Press, 2007).[/footnote]

Key Points

  • Slavery in British North America was commonplace and involved holding Aboriginal and African people as property. Their labour was frequently used in domestic environments but also on farms.
  • Much of the slave trade in New France involved captive Aboriginals sent east from allied nations in the Pays d’en Haut and considered to be diplomatic gifts.
  • Steps were first taken toward abolition under the leadership of Lieutenant-Governor John Simcoe, whose 1793 legislation was the first of its kind in the British Empire.
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7.4 Revolutionary British America

Carleton wasn’t the only governor facing recalcitrant and angry merchants. The cost of the Seven Years’ War in North America was significant and the British Treasury looked to the colonies to recoup some of the Crown’s expenses. Taxing the people who were supposedly the principal beneficiaries of the Conquest (that is, the British-Americans) seemed like a good and fair idea.

Revolutionary Colonies

The British Thirteen Colonies had been administered by what came to be known as “salutary neglect,” a kind of autonomy in everything but name. Each colony’s assembly was in some measure distinct and all had their own particular kind of relationship with Britain. One commonality, however, was the notion that the Colonies were not to be taxed. Resistance to taxation without representation had a long history in the Colonies and it flared up in the 1750s, the 1760s, and — finally — in the 1770s. As King George III’s government pushed in the direction of more direct and authoritarian rule over the colonies, the colonists themselves were pulling in a different direction. Philosophical discussions regarding classical views on democratic principles and rights became widespread and informed a Whig challenge to imperial rule. Thomas Paine (1737-1809), an English immigrant to America in 1774 who popularized new ideas associated with human rights, provided much of the vocabulary needed to mobilize colonial support for revolution. At the same time, there were scores of merchants and investors in the main port cities who saw glory and prosperity in a future outside of British trade constraints. The Revolution, then, was spurred by a desire to conserve existing rights, an aversion to taxes, awareness of opportunities for wealth-making, and a suite of truly revolutionary ideas about who should govern whom.

Some colonists rejected the revolutionary approach. Perhaps as many as one in five Americans advocated loyalism: finding ways to continue living under British rule. The Loyalists took positions across a broad spectrum and were motivated by very different concerns. Some were Tories who rejected the ideas of Paine and the prospect of change of any kind. They were at one end of the spectrum. Others took the perspective that negotiations with Britain could improve relationships without sacrificing two centuries of deep cultural, economic, and political connection. The Haudenosaunee, for their part, had a long-standing relationship with Britain, and the Seneca/Mingo and Mohawk in particular were anxious about American colonists’ hunger for their lands. Iroquois loyalists were to play a key role in the British military campaign. (Ironically, the Boston protesters of 1773 chose to disguise themselves as Mohawks when they attacked the tea ship, the Dartmouth.)

Settlers along the Ohio Valley frontier, especially German and Dutch immigrants, had survived Pontiac’s War and continued threats from Aboriginal neighbours only because of the protection offered by British soldiers and forts. They had little connection to the rising discontent in New England or Virginia and good cause to be favourably disposed to the British. African-American slaves were promised their freedom by both sides in the conflict and a great many elected to join the British against their owners. To the north and east, whole colonies rejected the Revolution.

Revolutionary Quebec, Nova Scotia, and Newfoundland

The Patriots — the American revolutionary leadership — had good reason to expect support from the Canadiens. After all, more than any other colony they were living under British rule and an unelected, oligarchical administration. Thomas Jefferson (1743-1826) famously claimed that winning Canada away from Britain was “a mere matter of marching.” France — always happy to put a stick in Britain’s spokes — discretely supported revolutionary feeling in the province. American agitators went from town to town cajoling and threatening Canadiens to thrust off Europe and accept a North American destiny. Keep in mind that the Anglo-Canadian merchants of Montreal were hungry for democratic institutions, so the rhetoric of the Patriots appealed to many of them. Against this backdrop, the British turned to their carefully groomed allies among the seigneurs and the clergy to encourage Canadien loyalism. Both sides were disappointed. The Canadiens failed to rise up against the British and they did little to push back the Americans’ invasion.

Generations of war between New England, New York, Acadia, and Canada had taught the Americans to watch the northern frontier. The British already had a strong military presence there; if it was speedily reinforced it would become a base of operations against the Revolution. The Patriots sent their new continental army north in the spring of 1775, early in the conflict, hoping to fire up the Canadiens and dislodge the British. They failed on the first count but were able to drive Carleton’s forces from Montreal and push him back into the citadel at Quebec City.

The Canadiens were not fans of the British regime but they hated — or at least deeply mistrusted — the New Englanders at least as much. Like the Acadians before them, the Canadiens pursued a self-interested neutrality, supplying both sides (sometimes at an inflated profit) and generally staying out of the way. Although Bishop Briand was disappointed by the lacklustre response of the populace to his call to arms, the clergy may have been successful in fanning the flames of anti-Protestant sentiment. Certainly the Church believed it had much to fear in the rhetoric of the Patriots. Hierarchical elements of life in Quebec, then, were factors that both dampened and incited revolutionary sympathies among the Canadiens.

Carleton, for his part, was able to repel the two-pronged American attacks on Montreal and Quebec but he was unable — even with British reinforcements — to press the advantage home. By 1777 the Patriots had given up hope of a northern front against the British, and the British had reoriented their efforts to the tidewater ports.

The situation in Nova Scotia was more complex. There, the post-Expulsion population was made up of English and Scots settlers at Halifax along with a garrison of soldiers and hangers-on, New Englanders — or Planters — who had come northeast to take up farmland, an infusion of more than a thousand farmers from Yorkshire who emigrated because of worsening economic and tenancy conditions at home, and German and other non-anglophone immigrants (some of whom were relocated Pennsylvania Dutch). Efforts by the Nova Scotian regime to build the population had, then, met with some success. But the towns and settlements were ethnically distinct: the Chignecto Isthmus was dominated by New Englanders who were at odds with neighbouring Yorkshire immigrants. Lunenburg was the site of German/Swiss settlement and the target of repeated Mi’kmaq and Acadian raids. The 8,000 or so Planters focused on the Bay of Fundy, and the Pennsylvania Dutch worked their way up the Petitcodiac River to “the Bend” (a.k.a. Moncton). In the northeast of the colony, on the frontier of the Gaspé, returning Acadians were permitted to establish new communities. There was widespread instability throughout the colony in the 1760s as the Mi’kmaq War continued. By the time of the Revolution, Nova Scotia was still little more than a collection of loosely connected outports and farming villages with not much in the way of a shared identity.

New Englanders in the colony were, of course, interested in how events in Massachusetts appeared to be unfolding and there was some sympathy for a local insurrection against the British. The colonial governor was never in a particularly powerful position, despite the presence of the Royal Navy. Unlike the Province of Quebec, Nova Scotia had an elected assembly. But the electorate was a small one, made up of property owners and the pool of potential assembly members was, in practice, restricted to those men wealthy enough to participate. This left the merchant class of Halifax in a position of powerful influence. Corruption in their dealings with the military and administrative establishment was widespread; attempts to expose it ultimately cost Governor Francis Legge his job. Before that occurred, however, Legge was assigned the task of raising a colony-wide levy and a militia in support of Britain’s campaign against the revolutionary colonies to the west and south. This initiative was akin to prodding a hornet’s nest: the New Englanders — who constituted at least 50% of the Nova Scotian population — objected to the idea of fighting their kin and called for an end to the tax and the militia campaign. Realizing that he was on the brink of inspiring rather than suppressing revolutionaries, the governor prudently backed down.

This was not enough for some New Englanders in the colony. Two incidents occurred that deserve mention: the raids launched by freebooters out of the Machias Basin, and the insurrectionary efforts of John Allan (1747-1805) and Jonathan Eddy (1726-1804) in the Chignecto Isthmus. The former were using the Revolution as an excuse to line their own pockets, and they were badly disorganized and undersupported by their own people (that is, settlers from New England). The Allan and Eddy rising was divisive even among the New Englanders, who would have preferred waiting for a liberating army from the Thirteen Colonies.

George Washington (by this time a general in the Continental Army) refused requests to intervene, citing the presence of the Royal Navy at Halifax and the strategic challenges of holding onto a prize that was in no way unified. The Yorkshiremen remained loyal to the British cause, what few Acadians and Mi’kmaq could be drawn into the conflict favoured the Patriots, but the pivotal population of New Englanders chose to remain neutral. Eddy’s attack on Fort Cumberland in November 1776 failed and Nova Scotia’s flirtation with revolution came to an end. Raids on outports by privateers working out of New England and New York thereafter only served to alienate the Nova Scotians further from the American cause.

Jonathan Eddy, leader of the failed rising for Independence in Nova Scotia.

Figure 7.5 Jonathan Eddy, leader of the failed rising for independence in Nova Scotia.

There are echoes of the Nova Scotian experience in Newfoundland. Both colonies had a British naval presence and a population that was disaffected from Britain (in the case of Newfoundland, large numbers of Catholic Irish immigrants). In Newfoundland these were not characteristics that either restrained or propelled support for the Revolution. The naval presence, for example, was an indifferent factor because it was so small and badly maintained. Newfoundland was a place where the navy harvested sailors, not one where it patrolled the waters. If there had been local discontent, it would have been difficult to muster and almost impossible to focus: the settlements were even smaller and more isolated from one another than on the mainland and there was barely any administrative presence at which to aim revolutionary fervour. In Newfoundland, the orientation of communities was toward the sea, the fisheries, and the export market, not toward one another. The population had little to do with New England and was in no way caught up in the rhetoric of the Revolution. What’s more, there was money to be made in loyalism: the Americans had been frozen out of the Grand Banks early in the war and the French left it as soon as it looked likely they’d join in on the side of the Americans. This left Newfoundland’s fishing fleet in a very good position to expand exports into both the West Indies and Europe. And, as was the case in Nova Scotia, the arrival of American pirates was unlikely to spark sympathy for the cause of the Thirteen Colonies. Finally, the French briefly captured St. John’s in 1762, which resulted in a British counter-invasion, all of which reinforced Newfoundland’s loyalty to the Crown.

The French capture of St. John's, 1762.

Figure 7.6 The French capture of St. John’s, 1762.

The Loyalist Exodus

By July 4, 1776, the Patriots controlled the majority of territory within the Thirteen Colonies and expelled all royal officials. Colonists who openly proclaimed their loyalty to the Crown were driven from their communities, often violently. Bostonian Patriots set the tone in 1774 with an attack on a local customs officer, John Malcolm, and the practice of terrorizing officials and critics of the Revolution spread rapidly. Mobs, often calling themselves “Sons of Liberty,” harassed and brutalized suspected Loyalists or Tories using torture techniques such as tarring-and-feathering, locking them in stockades, and forcing “riding the rail” (that is, being straddled over and tied to a long wooden rail which was carried and bounced along in order to inflict injury to their genitals and thighs). All of these treatments were accompanied by public humiliation. Loyalist regiments were assembled across the colonies in support of the British cause and what is usually described as a battle between colonists and the Crown was, in fact, a civil war between American colonists. Mortality rates among the Loyalist regiments increased and levels of brutality on both sides were high. 

After the Declaration of Independence on July 4, 1776, Patriots equated loyalism with treason and meted out punishment accordingly. This is not to say that the British and their allies did not engage in brutal treatment of the Patriots; it is merely to point out the context of the Loyalist emigration.

"The Bostonians Paying the Excise-man, or Tarring and Feathering" (1774) is attributed to Philip Dawe. John Malcolm, the Commissioner of Customs (a tax collector) is the focus of the mob's attention here. He was subsequently hoisted into the liberty tree.

Figure 7.7 “The Bostonians Paying the Excise-man, or Tarring and Feathering,” attributed to Philip Dawe, 1774. John Malcolm, a tax collector is shown. He was subsequently hoisted into the liberty tree.

When the Loyalist cause was defeated, many Loyalists fled to Britain, Canada, and other parts of the British Empire. The departure of royal officials, rich merchants, and landed gentry destroyed the hierarchical networks that thrived in the colonies. Key members of the elite families that owned and controlled much of the commerce and industry in New York, Philadelphia, and Boston left the United States, undermining the cohesion of the old upper class and disrupting the social structure of the colonies. The largest number of these exiles made their way to Quebec and Nova Scotia, although the wealthiest and those who formerly held key positions in the British administration of the colonies were more likely to head to Britain.

"Tory Refugees on the Way to Canada" by Howard Pyle, 1901. This 20th century imagining of the Loyalist migration emphasizes the forced aspects of the migration.

Figure 7.8 “Tory Refugees on the Way to Canada” by Howard Pyle, 1901. This 20th century imagining of the Loyalist migration emphasizes the forced aspects of the migration.

The Loyalist exodus to what remained of British North America consisted of a wide array of people. In a 1999 article in the journal Acadiensis, Barry Cahill makes an important distinction between Loyalists of colour (of which there were fewer than a hundred by his reckoning) and “fugitive” African-Americans who were “seeking refuge from slavery.” This second, much larger body of migrants were opposed to being chattel property, not to revolutionary ideals.[footnote]Barry Cahill, “The Black Loyalist Myth in Nova Scotia,” Acadiensis XXIX, no.1 (Autumn 1999).[/footnote] Some 3,000 African-American slaves — thanks in no small measure to Guy Carleton’s willful disregard for orders to obstruct their passage — travelled from New York to Nova Scotia. Most settled in and around Halifax, some taking up farming.

The refugee slaves were quickly caught in a legal grey area wherein they were regarded as “slaves” even though they might not have “owners.” The British regime took no steps to emancipate the Loyalists of colour, and some of the White Loyalists who had been slave owners before the Revolution expressed a desire to restore that system of relationships. In 1787 the British government arranged for members of the Afro-Nova Scotian community to relocate to the West African community of Sierra Leone, an offer that was taken up by many who were tired of bitter winters and shoddy treatment by White Haligonians. As the Nova Scotian historian Barry Cahill points out, the story of the Black Loyalists has become part of the narrative of inclusivity in Canada, but it is mostly a fiction: “One cannot right the wrongs of history by turning Black people into honorary Whites, fugitive slaves into Loyalists. To do so is to permit the colonization of Black history by White historical myths.”[footnote]Ibid.[/footnote]

A page from the Book of Negros, a tabulation of African-Americans heading from New York to Nova Scotia. Note that ages are mostly rounded and that "values" are provided.

Figure 7.9 A page from the Book of Negros, a tabulation of African-Americans heading from New York to Nova Scotia. Note that ages are mostly rounded and that “values” are provided.

Another group of “Loyalists” whose agenda was, like the African-Americans, distinct from those of the colonial Tories was the Aboriginal group of refugees. Roughly 2,000 Haudenosaunee, principally Mohawk, left their homeland for a large swath of what is now southern Ontario under the leadership of Thayendenaga (a.k.a. Joseph Brant, 1743-1807). Thayendenaga’s links with the British were diplomatic, military, and familial: he was connected to the British administration under William Johnson through his older sister, Konwatsi’tsiaienni (a.k.a. Degonwadonti, Mary Brant) who was Johnson’s consort.

The Haudenosaunees’ experience represents a further wrinkle or branch of what is too often presented as an unproblematic Loyalist mythology. Unlike the individual farming frontier loyalists of German and other European extraction who arrived nearby from western Pennsylvania and New York, the Mohawk Loyalists arrived and functioned as a group, as their own society. They injected into early southern Ontario a large and well-organized people well ahead of the settler waves that would travel up the St. Lawrence and Lake Ontario.

The largest wave of Loyalist refugees — some 30,000 — headed to Nova Scotia. Like their pre-Loyalist Planter predecessors and Yorkshire-born neighbours, they took up land that had been cleared or drained by Acadians and began the arduous process of clearing hardwood forests for their new settlements. Many settled in areas where they might be depended upon to fight against invading American forces. The Saint John Valley in particular witnessed substantial Loyalist establishments, the most important being Fredericton. This new concentration of population led to the creation of a new colony, New Brunswick, whose political offices were immediately filled by Loyalists. Similarly, the colony of Cape Breton was briefly called into existence to administer the Loyalist arrivals there.

Roughly 10,000 Loyalists entered the Province of Quebec. There they encountered the seigneurial system of landholding, which frustrated attempts to settle the newcomers. Some went to the Gaspé and others into the Eastern Townships southwest of Montreal. The largest group that reached the St. Lawrence — some 7,000 — were sent upstream to the north shore of Lake Ontario.[footnote]Christopher Moore, The Loyalists: Revolution Exile Settlement (Toronto: McClelland and Stewart, 1994).[/footnote]

Bisecting a Continent

The Treaty of Paris in 1783 reduced British North America significantly. The Province of Quebec lost Detroit and all the lands south of Lake Ontario and east of Lake Huron. There remained uncertainty about the boundary between Maine and New Brunswick; it would be unresolved for 50 years more. British forts in what the Americans now called their northwest were a sore spot for another decade as well until Jay’s Treaty impelled the British to leave the region for good. The Loyalist exodus helped decide other territorial claims as the British were then able to convincingly settle regions that had been in dispute.

It would be many years before British North Americans would begin to conceptualize their lands as something like “Canada,” but the outcome of the American Revolution nevertheless produced two separate entities. In some respects, it restored the old territorial division between England and France in North America before the Treaty of Utrecht (1713), although now Britain was playing the role in the north formerly played by France.

Key Points

  • The American Revolution divided colonists in all the British possessions in North America along ideological, ethnic, and sectarian lines.
  • Three British colonies — Quebec, Nova Scotia, and Newfoundland — did not join in the Revolution, although factions within each supported it.
  • Loyalists or Tories emerged in the Thirteen Colonies who eventually abandoned the United States at the end of the Revolution and formed a core population in British North America.
  • A large proportion of the Loyalist migration comprised former African-American slaves and members of the Mohawk nation.
  • The end of the Revolution established two separate colonial identities in North America, north of New Spain: the republican United States and the British-controlled and nominally loyal colonies collectively known as British North America.

Attributions

Figure 7.5
Colonel Jonathan Eddy by Hantsheroes is in the public domain.

Figure 7.6
Perspective view of the French attack on Newfoundland near St. John’s by Pierre5018 is in the public domain.

Figure 7.7
The Bostonians Paying the Excise-man, or Tarring and Feathering (1774) – 02 by Quadell is in the public domain.

Figure 7.8
Tory Refugees by Djmaschek is in the public domain.

Figure 7.9
2book0706b by Dr Wilson is in the public domain.

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7.3 Government

The Proclamation Act was essentially Canada’s first constitution. France never implemented anything of this order. It is noteworthy because of its (limited) tolerance, its demarcation of the Ohioan west, its recognition of Aboriginal title, and its assimilationist agenda. As well, it did not attempt to reproduce in the Province of Quebec the kind of representative councils found in the colonies to the south. Canada was to be governed by governors, much as it had been under France.

Canada under Military Occupation

The first governor was James Murray, a Scot with a long career as a professional soldier who had been at Louisbourg and was Wolfe’s junior commander at Quebec. It was Murray whose forces were defeated in April 1760 at Sainte-Foy and who demonstrated  prudence by sitting tight in the citadel until reinforcements arrived to restore full British authority. From 1760 to the Treaty of Paris in 1763, Murray’s mandate was to keep a lid on Canadien resentment, ensure the locals (and their Aboriginal neighbours) did not rise up, and be prepared in case a French fleet suddenly appeared on the St. Lawrence. And, of course, there was always the possibility that France would take back Canada at the treaty table. With all those things in mind and having been taught a lesson at Sainte-Foy, Murray looked for ways to stabilize his situation and that of Canada’s.

There was, to begin, an iron-fist approach. Acadians who had fled the Expulsion to the Gaspé community of Bonaventure were to be rounded up and exiled, not least because they had — unsuccessfully — supported a small French supply fleet heading for Quebec, one that would have inconvenienced if not endangered Murray’s position. Murray was, however, also tough on British troops who mistreated the locals. His strategy was to be both feared and respected. In his own words, Murray believed the Canadiens “hardly will hereafter be easi[ly] persuaded to take up Arms against a Nation they admire, and who will have it allways in their [power?] to burn or destroy.”[footnote]G. P. Browne, “MURRAY, JAMES,” in Dictionary of Canadian Biography, vol. 4 (University of Toronto/Université Laval, 2003). Accessed August 26, 2014, http://www.biographi.ca/en/bio/murray_james_4E.html .[/footnote] To that end he allowed widespread use of the French civil law, promoted Canadien militia leaders, and even appointed Franco-Catholics to important offices. He had an understandable suspicion of the clergy: their influence was significant in the Acadian-Wabanaki resistance over the last 20 years.

As for the economy, the British introduced some changes. When the aristocracy and bourgeoisie of France looked at Canada they saw luxurious and highly marketable furs; when the British military looked at their new colony they saw supplies that were needed by navies and armies. Ship masts, pitch and tar, whale and seal oil, iron ore, and potash drew Murray’s attention, as did agricultural potential. These were, however, still staple products, exports onto which little value had been added. Murray’s initiatives made the economy of Quebec wider but it was hardly any deeper. The fur trade continued to dominate, regardless of new initiatives, but even in 1763 it was becoming dominated by British-American merchants whose better credit lines, superior connections to military personnel in the western forts, and access to English-speaking markets in London enabled them to push the Canadien marchands to one side.

Murray’s tenure was brief — he was recalled in 1766 and replaced by Guy Carleton (1724-1808)  — but his half-dozen years of authority first in the city of Quebec, then over the whole of the Province of Quebec, established relationships and expectations that had a lasting impact. The clergy, under Bishop Jean-Olivier Briand (1715-1794), seized on the opportunity to preserve their influence, especially over education. Much of Quebec’s Lower Town was rebuilt according to the style of the ancien régime. The seigneurial system, like many other elements of pre-Conquest Canadien society, was encouraged to survive. All this, however, did not diminish the most obvious fact that Canadiens were living under military occupation.

Domination and Adjustment

Assessing the impact of these years has long been a concern of Canadian historians. Some French-Canadian historians argue that the Conquest was followed by the departure (voluntary or otherwise) of leading figures in Canadien society: not just government officials but also key actors in the economy and in society generally. This loss of significant personnel, they argue, led to a parallel collapse in Canadien economic prosperity and social capital. This perspective is referred to as the decapitation thesis.

Other interpretations have focused more on evidence of continuity (as can be seen in the survival of seigneurialism, the Church, and schools) and on the structural changes in the economy that disadvantaged Canadiens. Rather than point to “decapitation,” these historians have argued that Canadien marchands were impacted by the introduction of a new currency and investment environment, the leeching of fur resources from the Pays d’en Haut eastward to the British American colonies and southward to Louisiana, and the replacement of a more oligarchical model of enterprise with one that was more competitive and dominated by large numbers of smaller firms. Patronage from Murray and Carleton may not have favoured the British-Americans very much, but it did so to the disadvantage of the Canadiens.[footnote]José Iguartua, “A Change in Climate: The Conquest and the Marchands of Montreal,” Historical Papers (1974): 115-34.[/footnote]

The greatest controversy of the Murray regime pertains to his failure to create an elective assembly, which eventually cost him his job. By 1765 enough merchants had moved north from the old Thirteen Colonies to change the political dynamics of occupied New France. They set up shop in Montréal and Québec hoping to siphon off wealth from the British military presence and the fur trade. They expected that, as advertised in the Proclamation Act, they would instantly become electors and leading figures in the new British colony. Their expectations were based on the very clauses that froze Murray in his tracks. The Proclamation Act allowed for the creation of a council that would, according to British law, permit only Protestants to hold office. But the total number of Protestants in the Province of Quebec in 1764 was minuscule. Murray estimated there were only 200 Protestant households, and he could not imagine them having authority over 70,000 Catholic Canadiens without provoking a severe backlash. He resisted calls to establish an elected assembly under these circumstances.

Rather than worsen the situation for himself, Murray — perhaps unwisely — pursued land policies that discouraged further British immigration. In doing so, he continued to fall afoul of the British Protestants, especially the Montreal merchants. An alarming array of charges — later thrown out of court — were brought against him and he was recalled to Britain in 1766.

James Murray’s successor, Guy Carleton, was another military man, an officer who served under Wolfe at both Louisbourg and Quebec. Initially he courted favour with the British merchants of the province and split with Murray’s advisors, but within a year he was following a path that Murray had blazed. Both governors looked at the demographics of the province and concluded that the Canadiens were going to dominate the region for the foreseeable future, and there was little to suggest that assimilationist policies would have much effect. They both determined that maintaining the trust and cooperation of the French settlers was preferable to conceding authority to a handful of British-American newcomers who might not have staying power in the colony. Carleton deferred and deflected demands for an assembly and did his best to reinforce the credibility of the seigneurs. Remarkably, Carleton spent four years of his tenure in London, lobbying for constitutional changes that would transition the province out of military possession and into a viable colony.

The Quebec Act, 1774

What the British-American merchants wanted most from a new constitution was an elected assembly. They didn’t get one; instead the Quebec Act entrenched the practice of Murray and Carleton in the form of an appointed legislative council that devised laws in partnership with and at the command of the governor. The new constitution shelved the Proclamation Act’s objective of anglicization and permitted Catholics to hold a greater variety of positions, including seats on the council. It entrenched British criminal law and recognized the Coutume de Paris. As well, British common law played a role in administrative matters and in some criminal cases. The church could resume collecting tithes and seigneurs could once again collect dues.

An administrative flow-chart of the Québec Act.  Note the complex judiciary and the continuing influence of the Pope.

Figure 7.2 An administrative flow chart of the Quebec Act. Note the complex judiciary and the continuing influence of the Pope.

This was a constitution designed to win the support of the French-speaking majority in the colony, or at least the social and cultural leaders of that majority — the clergy and the seigneurs.  Canadiens were unfamiliar with democratic institutions like the assemblies found in New England and the other British-American colonies, and they were accustomed to an oligarchically structured administration run by the King’s representative in Fortress Quebec. But the habitants were none too pleased to see the Church and the seigneurs once again in a position to tax them. The British-American immigrants were predictably livid at the non-elective constitution. Critics in the other British colonies joined in the chorus of voices calling for the familiar freedoms enjoyed to the south. Moreover, British-Americans worried that this rejection of an assembly boded ill for their own institutions. Britain increasingly held with mercantilist control of commerce (through taxes and tariffs); the Americans feared that their assemblies were now in the crosshairs as well.

The one feature of the Quebec Act that secured anglo-merchant support in Montreal simultaneously inflamed British-American outrage. The new constitution extended the western boundaries of the Province of Quebec to include the Ohio Valley (see Figures 7.3 and 7.4), which gave the Montreal merchants (British and French) renewed priority and privileges in the region. Fur traders from Pennsylvania, Virginia, and New York — regarded by the Montrealers as interlopers — were now in a weaker position. The Canadien population around Detroit, moreover, made it the third- or fourth-largest town in the province (after Quebec, Montreal, and perhaps Trois-Rivières), so for the majority of the colony’s population, this seemed like an appropriate reunification.

This made the fur traders of Montreal very happy, but the British-Americans regarded it as another act of British perfidy, one that joined a growing list of administrative changes that damaged colonists’ interests. Coming as it did six months after Bostonians dramatically protested a stealthy British tax on tea, some British-Americans interpreted the Quebec Act as vindictive punishment, a sign that the Crown was arbitrary and ill-disposed to the colonies. It was one of several factors that contributed to the breaking of relations between Britain and the Thirteen Colonies and is classed in American histories as one of the Intolerable Acts.

Province of Quebec in 1774

Figure 7.3 Province of Quebec in 1774

British North America, showing the colonies from Maryland to Newfoundland, 1776.

Figure 7.4 British North America, showing the colonies from Maryland to Newfoundland, 1776.

As enlightened and permissive as the Quebec Act appears to be toward Canadien-Catholic society and culture, there is an important caveat to note. The Act came with so-called secret instructions to the governor. When circumstances improved, he was to take steps to anglicize the population. Protestantism was to be favoured; Catholicism might be tolerated but did not extend to approving Papal instructions from Rome. There was to be only one centre of authority, and that was the British Parliament (via Quebec). Assimilation, then, was still on the cards. Within months of the Quebec Act being passed, however, the British administration in the province was doing all it could to ensure the support of the Canadiens in what looked likely to be a disruption in the normal course of colonial business for the next year or two.

Key Points

  • Early attempts on the part of the British to govern New France were marked by expectations of cultural assimilation and the extinguishing of Catholicism, but in practice tolerance and inclusion were viewed as necessary to maintaining a loyal population.
  • Attempts to integrate the economy of the Province of Quebec into the British mercantile system resulted in the rise of a British/British-American merchant class in Montreal and Quebec where they were able to out-compete the Canadien marchands.
  • The anglophone community countered the pragmatic compromises of Governors Murray and Carleton with demands for greater liberties for themselves, fewer for the Canadiens, and a greater role in governing the colony.
  • The Quebec Act was an articulation of Carleton’s policy of cautious tolerance and inclusion; it included provisions for British common law and the continuance of the Coutume de Paris in areas like seigneurial law. It also provoked a hostile response from the Americans.
  • “Secret instructions” to the governor revealed that the policy of tolerance was meant to be a temporary measure and that cultural assimilation of the French was a long-term goal.

Attributions

Figure 7.2
Constitution-of-quebec-1775 by Mathieu Gauthier-Pilote is used under a CC-BY-SA 3.0 license.

Figure 7.3
Province of Quebec 1774 by Harfang is in the public domain.

Figure 7.4
A general map of the northern British colonies in America by File Upload Bot (Magnus Manske) is used under a CC-BY 2.0 license.

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7.2 Pyrrhic Victories

Britain’s successes under the Treaty of Paris (1783) translated into wholesale control of North America. Notwithstanding western Louisiana — an area of much more concern to Spain than to Britain — everything north of the Rio Grande was now nominally British. There was, however, no time allowed for celebrations.

Unbroken Conflict in the Pays d’en Haut

There existed a critical difference between the approach taken by the French and that adopted by the British when it came to outposts in the Pays d’en Haut. The French approached the building of forts and trading posts as guests in the lands of others; the British viewed places like Detroit as an asset that had fallen to them as part of the spoils of war. It was their possession, and not a place deep in Aboriginal territory. For that matter, the Native population, the British believed, were every bit as conquered as their defeated French allies. As the British repopulated the French outposts this attitude quickly poisoned relations with the indigenous peoples. As well, the giving of gifts observed annually by the French was, for the Aboriginal nations involved, a means of building up the status and thus the influence of Aboriginal leaders. The British misread this convention as the issuing of bribes which, they believed, was no longer necessary with the French out of the way. They failed to follow, as well, the French practice of “covering deaths” with gifts, a way of recognizing the loss of life among allied Aboriginal nations. Not surprisingly, the British soon wore out their welcome.

Pontiac’s War is the name given to a long-running series of conflicts in the Ohio and Great Lakes region that stemmed from the British takeover. Despite the name, it was not all masterminded or executed by Pontiac, an Odawa (Ottawa) leader (although that is how it was portrayed in textbooks for more than a century). The conflict had its roots in British American expansion into the region, which was a key reason for Aboriginal alliances with the French in the Seven Years’ War. Of course, not all Aboriginal peoples signed on with the French. The Haudenosaunee, the Shawnee, the Seneca/Mingo, and 10 other Aboriginal nations signed the Treaty of Easton in 1758, along with representatives from Pennsylvania and New Jersey. Under this agreement the British and their colonies relinquished land in the Ohio Valley to its Aboriginal owners and financially compensated the Lenape (Delaware) for their loss of lands in New Jersey. In exchange, the Aboriginal signatories agreed not to side with the French in the war. In short, the Treaty of Easton recognized aboriginal title and committed the British and Americans to respect it in the Ohio Valley.

Even before the Seven Years’ War was over, however, British American settlement in the Ohio Valley was underway and the terms of the Treaty of Easton seemingly ignored. Nations that had been allied to the British found themselves at odds with their erstwhile partners, but were at a loss as to how to shift the balance back. The French were a spent force after 1760, a fact that was confirmed in the Treaty of Paris in 1763. An alliance of Aboriginal parties that had hitherto been in conflict seemed the only solution.

Battle sites in Pontiac's War

Figure 7.1 Battle sites in Pontiac’s War.

Attacks on British American positions began as early as February 1763, before the Treaty of Paris had been signed. There was, in other words, no post-war period of peace in the Ohio: war continued with few breaks from before 1754 to about 1766. The Seneca broke ranks with the Haudenosaunee to join in the rising that also included the Council of the Three Fires (Odawa, Ojibwa, Potawatomi, Wendat, and others) and the peoples of the Ohio most directly affected. Intellectual and spiritual leadership was provided by Neolin the Prophet, a Lenape (Delaware) visionary whose call to reject Euro-American materialism, alcohol, and ways of living had an enormous appeal and influenced Pontiac and other 18th and 19th century resistance movements. Ready for change, the Ohioans found a field general in Pontiac, whose forces attacked and laid siege (unsuccessfully) to the British at Fort Detroit. The war spread quickly across the region as others, inspired spiritually and militarily, took up arms.

It was at Fort Pitt in late July 1763 that one of the most ominous chapters in North American conflict occurred. General Jeffrey Amherst (1717-1797) had badly underestimated anti-British feeling in the West and had, as a consequence, under-supplied the region with soldiers. Small forts containing only a few hundred troops and as many civilians were being reduced to ash, their commanders humiliated and then tortured to death. Amherst sent a message to Colonel Henry Bouquet, who was en route to Fort Pitt, directing him to try biological warfare as a solution: “Could it not be contrived to send the small pox among the disaffected tribes of Indians? We must on this occasion use every stratagem in our power to reduce them.”[footnote]Elizabeth A. Fenn, “Biological Warfare in Eighteenth-Century North America: Beyond Jeffery Amherst,” The Journal of American History 86, no. 4 (March 2000): 1553-54.[/footnote] Amherst had already articulated a take-no-prisoners position, and he viewed the Aboriginal warriors as unworthy of the respect he would accord to a “civilized” nation’s army. Soon after he wrote to Bouquet: “You will Do well to try to Innoculate the Indians by means of Blankets, as well as to try Every other method that can serve to Extirpate this Execrable Race.” At Fort Pitt Bouquet initiated talks with Aboriginal leaders, gifting them with blankets taken from the smallpox hospital.

It is not clear whether the blankets mentioned by Amherst were responsible for a smallpox epidemic. It is, however, well known that smallpox was rampant throughout the field of battle during the Seven Years’ War and that Aboriginal communities continued to suffer terribly as a result. An ugly background noise to the colonial period, smallpox and its effects (death, disfigurement, blindness) were cited by Neolin as cause to push the British Americans out of the Ohio. Smallpox was evident after Fort Pitt, but we cannot be sure whether it was caused by Bouquet and his blankets. Regardless, smallpox probably did play a role in stopping Pontiac’s War.

By 1767 treaties had been signed across the region, mostly by the people who were not immediately at the sharp edge of British-American expansion. Historians have observed that this conflict, one of the bloodiest in a long series of very bloody confrontations, was the first in which both sides embraced a policy of, for all intents and purposes, “ethnic cleansing.” As historian Daniel Richter has observed, from the time of Pontiac on, Aboriginal peoples viewed all Europeans and Americans as “whites” and the Euro-Americans viewed the multitude of Aboriginal nations as, simply, “Indians.”[footnote]Daniel K. Richter, Facing East from Indian Country: A Native History of Early America (Cambridge: Harvard University Press, 2001), 208.[/footnote] This attitude produced levels of intolerance that infected the century to come and beyond.

The Proclamation Act

Partly in response to the terrors of the Ohio Valley, the British government crafted the Act of Proclamation (or Royal Proclamation), which it passed on October 7, 1763. The Act was principally a guideline for the governance of North America after the Treaty of Paris. It created the Province of Quebec  as a separate colonial unit consisting roughly of the lands draining into the St. Lawrence, from Detroit east to the Gaspé. Quebec was thus cut off from the Ohio Valley and the western frontier of the former New France. Provisions were included in the Act for the imposition of English civil law, but the French civil law, the Coutume de Paris, survived. The British promised their French Catholic subjects that they would not be deported, nor would their religion face persecution. Catholics, however, were not permitted to hold office of any kind (as was the rule in Britain).

The Catholic clergy endured as well under the Act, although their numbers were reduced by death and emigration to France after the peace and they were not replenished. Governor James Murray (1721-1794) sought to use the clergy to his own ends, seeking by means of rewards and tolerance to secure their loyalty. He recognized their influence on the populace and was inclined to put plans for Protestantization on the back burner. Nonetheless, assimilation of the Canadiens was intended to be their fate just as expulsion was that of the Acadians.

In the Ohio Valley the British sought to place a barrier between the two warring parties. They understood the source of friction to be American colonists’ appetite for land. By guaranteeing the Aboriginal nations that land title could be extinguished only by the authority of the Crown, the Proclamation Act intended to put an end to unbridled settler expansionism. It was intended to buy peace and encourage trust among the Aboriginal nations, but it was also intended to restrain the American colonists who, the British realized, could prove very difficult to manage in the trans-Appalachian west. This was a feature of the Proclamation Act that, of course, was strongly criticized by the American colonists.

In summary, the British had fought to win Canada, but once it was theirs they began to realize what a challenge it was to govern. Having defeated the French, the British anticipated that there would be peace in the Pays d’en Haut; that proved not to be the case. The American colonists in particular were aggrieved: they had started the war with an incursion into the Ohio and that victory was meant to allow them westward expansion. Now the British — their imperial masters — were telling them to get back behind the Appalachians. Everywhere the British and their colonists turned, the triumphs at Louisbourg, Quebec, and the treaty table seemed hollow and pyrrhic.

Key Points

  • The end of the Seven Years’ War did not conclude the Aboriginal campaign to control European settlement and commerce in the Ohio Valley.
  • The Treaty of Easton recognized Aboriginal title to land and other resources, an important precursor to similar provisions in the Proclamation Act of 1763.
  • British military conduct in the West included efforts to achieve victory through biological warfare. This marked a change in British attitudes toward Aboriginal peoples.
  • The Proclamation Act created the Province of Quebec, reassured the Canadiens, and protected Catholic rights while limiting Canadien-Catholic engagement in positions of authority. It addressed Aboriginal concerns by denying American settlers access to lands west of Appalachia.

Attributions

Figure 7.1
Pontiac’s war by Mahahahaneapneap is used under a CC-BY-SA 3.0 license.

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Chapter 7. British North America at Peace and at War (1763-1818)

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