1759.]

DEATH OF WOLFE.

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had heard. He gave rapid directions that Webb's regiment should be marched to Charles' River to intercept the fugitives, and then exclaiming, "Now, God be praised! I die happy!" he fell back in the arms of his attendants, and expired. Monckton being dangerously wounded, the chief command fell upon Townsend. The pursuit of the fugitives was stayed soon after, and the troops recalled. This was scarcely effected before Bougainville, hastening to the assistance of Montcalm, made his appearance upon the field with a reinforcement of two thousand men; but the victory was already won. After some sharp skirmishing, he secured the safety of his detachment by withdrawing into the neighbouring woods and swamps.

The fate of Quebec was now no longer doubtful, for Montcalm, the only man whose genius might yet have saved it from capture, had also been wounded mortally while attempting to rally a party of fugitives. Expressing himself thankful that he should not live to see the surrender of the city, he wrote the same evening to Townsend, recommending the French prisoners to his humanity, and died early the following morning. In this important battle the French lost five hundred in killed and a thousand in wounded and prisoners. The loss of the English amounted only to fifty men killed, though their wounded numbered upward of five hundred.

Preparations for besieging the city were immediately commenced by Townsend, but on the seventeenth of September, before any of the batteries were constructed, the garrison capitulated. With the fall of Quebec ended the French dominion over Canada. During the following spring, a daring attempt was made by De Levi to retake the city, which, for a time, promised to be successful; but the opportune arrival of an English fleet finally frustrated the enterprise; and Montreal being taken by Amherst early the ensuing September, the conquest of Canada was completed.

1760.]

CANADA RETAINED.

237

CHAPTER XVIII.

Retention of Canada determined upon-Spain joins France against England-Treaty of Fontainebleau-Death of Delancey-Administration of Colden - Monckton appointed governor-Ordered to Martinique-Independence of the Judiciary struck at-Alarm of New York-Difficulties between New York and New Hampshire-Financial embarrassment of England-Action of the ministry-Stamp-tax passed-Its reception in New York-Colden burned in effigy-Stamptax repealed-Townsend's scheme of taxation-Action of the colonies-Pusillanimous conduct of the New York Assembly -Alexander McDougal-His imprisonment and popularityRapid increase of New York in population and wealth-Dunmore appointed governor-Removed to Virginia-Transfers the government to Tryon-Regulators in North CarolinaTheir defeat-Disturbances respecting the New Hampshire grants-Resistance to state authority-Tea sent to America -Proceedings of the colonies-Congress at PhiladelphiaBattle of Lexington.

THE expulsion of the French forces from Canada, and its occupation by the British, created a general joy throughout the provinces. The merits of Wolfe, Amherst, and their subordinate officers, were extolled in the highest terms. Congratulatory addresses poured in upon Pitt from all quarters. France, impoverished and humiliated, desired peace at almost any sacrifice. In view of this event, the American colonies were unanimous in their desire to retain Canada as an English possession. Pitt, and most of the other members of the cabinet, entertained similar sen

timents; and Choiseul, the French minister, bent upon putting an end to a war so inglorious for his country, was not disposed to insist upon its restoration. Pitt, however, while lending a favourable ear to propositions for peace, steadfastly persevered in his preparations for a continuance of the war. Choiseul desired to retain a harbour in the Gulf of St. Lawrence and the freedom of the fisheries. These concessions Pitt refused, and, while negotiations were still pending, sent out a powerful fleet, which captured Belle Isle. A third party now entered into the quarrel.

Aggrieved by the establishment of English commercial posts in the Bays of Honduras and Campeachy, and conscious of being too weak to obtain redress single-handed, Spain, during the summer of 1761, entered into a secret treaty with France, under the title of the Family Compact; and, although differences in the English cabinet led at this juncture to the resignation of Pitt, war soon after broke out afresh. The British forces proving everywhere victorious, negotiations were again proposed, and on the 3d of November, 1762, peace was finally ratified by the treaty of Fontainebleau.

By the sudden death of Delancey, toward the close of July, 1760, the administration of the government of New York had devolved upon Cadwallader Colden, as president of the council.

1762.] ATTEMPTS ON THE JUDICIARY.

239

Appointed the following year lieutenant-governor, he was superseded in the chief magistracy soon after by General Monckton; but the latter had scarcely presented his commission as governor, before he was ordered to take command of an expedition against Martinique, and Colden again assumed the reins of government.

In the mean time, the Board of Trade, in pursuance of their determination to attempt the restoration of the royal prerogative in America, had struck at the independence of the colonial judiciary by making the tenure of the judicial commissions subject to the king's pleasure, instead of during good behaviour, as formerly. The office of chief-justice of New York having become vacant, the appointment of Pratt, a Boston lawyer, was made the first test of colonial obedience. The subordinate judges, whose commissions were supposed to have expired at the death of George II., having also reluctantly consented to continue to serve, subject to the same restriction, the assembly became alarmed at the dangerous character of the innovation, and resolved to resist it, by refusing to grant the customary salaries. Equally determined to carry out the measures they had projected, the Board of Trade, in June, 1762, recommended to the king that the salaries of the provincial judges should be paid out of the royal quit-rents. The advice was adopted, and the system of a judiciary wholly dependent upon