diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 30470-8.txt | 3998 | ||||
| -rw-r--r-- | 30470-8.zip | bin | 0 -> 89391 bytes | |||
| -rw-r--r-- | 30470-h.zip | bin | 0 -> 490455 bytes | |||
| -rw-r--r-- | 30470-h/30470-h.htm | 5257 | ||||
| -rw-r--r-- | 30470-h/images/img-006.jpg | bin | 0 -> 46342 bytes | |||
| -rw-r--r-- | 30470-h/images/img-034.jpg | bin | 0 -> 43774 bytes | |||
| -rw-r--r-- | 30470-h/images/img-074.jpg | bin | 0 -> 47369 bytes | |||
| -rw-r--r-- | 30470-h/images/img-082.jpg | bin | 0 -> 49029 bytes | |||
| -rw-r--r-- | 30470-h/images/img-098.jpg | bin | 0 -> 52031 bytes | |||
| -rw-r--r-- | 30470-h/images/img-118.jpg | bin | 0 -> 50109 bytes | |||
| -rw-r--r-- | 30470-h/images/img-136.jpg | bin | 0 -> 50519 bytes | |||
| -rw-r--r-- | 30470-h/images/img-front.jpg | bin | 0 -> 56173 bytes | |||
| -rw-r--r-- | 30470.txt | 3998 | ||||
| -rw-r--r-- | 30470.zip | bin | 0 -> 89340 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
17 files changed, 13269 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/30470-8.txt b/30470-8.txt new file mode 100644 index 0000000..c071652 --- /dev/null +++ b/30470-8.txt @@ -0,0 +1,3998 @@ +Project Gutenberg's The Winning of Popular Government, by Archibald Macmechan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Winning of Popular Government + A Chronicle of the Union of 1841 + +Author: Archibald Macmechan + +Release Date: November 13, 2009 [EBook #30470] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WINNING OF POPULAR GOVERNMENT *** + + + + +Produced by Al Haines + + + + + + + + + + +[Frontispiece: Burning of the Parliament Buildings, Montreal, 1849. +From a colour drawing by C. W. Jefferys] + + + + + +THE WINNING OF + +POPULAR GOVERNMENT + + +A Chronicle of the Union of 1841 + + +BY + +ARCHIBALD MACMECHAN + + + + + +TORONTO + +GLASGOW, BROOK & COMPANY + +1916 + + + + + Copyright in all Countries subscribing to + the Berne Convention + + + + + TO + + ROBERT ALEXANDER FALCONER + + PRESIDENT OF THE UNIVERSITY OF TORONTO + STUDENT OF HISTORY AND ENCOURAGER + OF HISTORIANS + + + + +{ix} + +CONTENTS + + Page + + I. DURHAM THE DICTATOR . . . . . . . . . . . . . . 1 + II. POULETT THOMSON, PEACEMAKER . . . . . . . . . . 25 + III. REFORM IN THE SADDLE . . . . . . . . . . . . . . 66 + IV. THE GREAT ADMINISTRATION . . . . . . . . . . . . 97 + V. THE PRINCIPLE ESTABLISHED . . . . . . . . . . . 132 + EPILOGUE . . . . . . . . . . . . . . . . . . . . 161 + BIBLIOGRAPHICAL NOTE . . . . . . . . . . . . . . 166 + INDEX . . . . . . . . . . . . . . . . . . . . . 167 + + + + +{xi} + +ILLUSTRATIONS + + +BURNING OF THE PARLIAMENT BUILDINGS, MONTREAL, 1849 _Frontispiece_ + From a colour drawing by C. W. Jefferys. + +THE EARL OF DURHAM . . . . . . . . . . . . . . . . . _Facing page_ 6 + After the painting by Sir Thomas Lawrence. + +LORD SYDENHAM . . . . . . . . . . . . . . . . . . . " 34 + From an engraving by G. Browning in M'Gill + University Library. + +SIR CHARLES BAGOT . . . . . . . . . . . . . . . . . " 74 + From an engraving in the Dominion Archives. + +SIR CHARLES METCALFE . . . . . . . . . . . . . . . . " 82 + After a painting by Bradish. + +CHARLES, EARL GREY . . . . . . . . . . . . . . . . . " 98 + From the painting by Sir Thomas Lawrence. + +SIR LOUIS H. LAFONTAINE . . . . . . . . . . . . . . " 108 + After a photograph by Notman. + +THE EARL OF ELGIN . . . . . . . . . . . . . . . . . " 136 + From a daguerreotype. + + + + +{1} + +CHAPTER I + +DURHAM THE DICTATOR + + And let him be dictator + For six months and no more. + +The curious sightseer in modern Toronto, conducted through the +well-kept, endless avenues of handsome dwellings which are that city's +pride, might be surprised to learn that at the northern end of the +street which cuts the city in two halves, east and west, bands of armed +Canadians met in battle less than a century ago. If he continued his +travels to Montreal, he might be told, at a certain point, 'Here stood +the Parliament Buildings, when our city was the capital of the country; +and here a governor-general of Canada was mobbed, pelted with rotten +eggs and stones, and narrowly escaped with his life.' And if the +intelligent traveller asked the reason for such scenes, where now all +is peace, the answer might be given in one word--Politics. + +To the young, politics seems rather a stupid {2} sort of game played by +the bald and obese middle-aged, for very high stakes, and governed by +no rules that any player is bound to respect. Between the rival teams +no difference is observable, save that one enjoys the sweets of office +and the mouth of the other is watering for them. But this is, of +course, the hasty judgment of uncharitable youth. The struggle between +political parties in Canada arose in the past from a difference in +political principles. It was a difference that could be defined; it +could be put into plain words. On the one side and the other the +guiding ideas could be formulated; they could be defended and they +could be attacked in logical debate. Sometimes it might pass the wit +of man to explain the difference between the Ins and the Outs. +Sometimes politics may be a game; but often it has been a battle. In +support of their political principles the strongest passions of men +have been aroused, and their deepest convictions of right and wrong. +The things by which men live, their religious creeds, their pride of +race, have been enlisted on the one side and the other. This is true +of Canadian politics. + +That ominous date, 1837, marks a certain climax or culmination in the +political {3} development of Canada. The constitution of the country +now works with so little friction that those who have not read history +assume that it must always have worked so. There is a real danger in +forgetting that, not so very long ago, the whole machinery of +government in one province broke down, that for months, if not for +years, it looked as if civil government in Lower Canada had come to an +end, as if the colonial system of Britain had failed beyond all hope. +_Deus nobis haec otia fecit_. But Canada's present tranquillity did +not come about by miracle; it came about through the efforts of faulty +men contending for political principles in which they believed and for +which they were even ready to die. The rebellions of 1837 in Upper and +Lower Canada, and what led up to them, the origins and causes of these +rebellions, must be understood if the subsequent warfare of parties and +the evolution of the scattered colonies of British North America into +the compact united Dominion of Canada are not to be a confused and +meaningless tale.[1] + +{4} + +Futile and pitiful as were the rebellions, whether regarded as attempts +to set up new government or as military adventures, they had widespread +and most serious consequences within and without the country. In +Britain the news caused consternation. Two more American colonies were +in revolt. Battles had been fought and British troops had been +defeated. These might prove, as thought Storrow Brown, one of the +leaders of the 'Sons of Liberty' in Lower Canada, so many Lexingtons, +with a Saratoga and a Yorktown to follow. Sir John Colborne, the +commander-in-chief, was asking for reinforcements. In Lower Canada +civil government was at an end. There was danger of international +complications. For disorders almost without precedent the British +parliament found an almost unprecedented remedy. It invested one man +with extraordinary powers. He was to be captain-general and +commander-in-chief over the provinces of British North America, and +also 'High Commissioner for the adjustment of certain important +questions depending in the ... Provinces of Lower and Upper Canada +respecting the form and future government of the said Provinces.' He +was given 'full power and authority ... by {5} all lawful ways and +means, to inquire into, and, as far as may be possible, to adjust all +questions ... respecting the Form and Administration of the Civil +Government' of the provinces as aforesaid. These extraordinary powers +were conferred upon a distinguished politician in the name of the young +Queen Victoria and during her pleasure. The usual and formal language +of the commission, 'especial trust and confidence in the courage, +prudence, and loyalty' of the commissioner, has in this case deep +meaning; for courage, prudence, and loyalty were all needed, and were +all to be put to the test. + +The man born for the crisis was a type of a class hardly to be +understood by the Canadian democracy. He was an aristocratic radical. +His recently acquired title, Lord Durham, must not be allowed to +obscure the fact that he was a Lambton, the head of an old county +family, which was entitled by its long descent to look down upon half +the House of Peers as parvenus. At the family seat, Lambton Castle, in +the county of Durham, Lambton after Lambton had lived and reigned like +a petty prince. There John George was born in August 1792. His father +had been a Whig, a consistent friend of Charles James {6} Fox, at a +time when opposition to the government, owing to the wars with France, +meant social ostracism; and he had refused a peerage. The son had +enjoyed the usual advantages of the young Englishman in his position. +He had been educated at Eton and at the university of Cambridge. Three +years in a crack cavalry regiment at a time when all England was under +arms could have done little to lessen his feeling for his caste. A +Gretna Green marriage with an heiress, while he was yet a minor, is +characteristic of his impetuous temperament, as is also a duel which he +fought with a Mr Beaumont in 1820 during the heat of an election +contest. After the period of political reaction following Waterloo, +reaction in which all Europe shared, England proceeded on the path of +reform towards a modified democracy; and Lambton, entering parliament +at the lucky moment, found himself on the crest of the wave. His Whig +principles had gained the victory; and his personal ability and energy +set him among the leaders of the new reform movement. He was a +son-in-law of Earl Grey, the author of the Reform Bill of 1832, and he +became a member of the Grey Cabinet. Before the Canadian crisis he had +shown his {7} ability to cope with a difficult situation in a +diplomatic mission to Russia, where he is said to have succeeded by the +exercise of tact. He was nicknamed 'Radical Jack,' but any one less +'democratic,' as the term is commonly understood, it would be hard to +find. He surrounded himself with almost regal state during his brief +overlordship of Canada. In Quebec, at the Castle of St Louis, he lived +like a prince. Many tales are told of his arrogant self-assertion and +hauteur. In person he was strikingly handsome. Lawrence painted him +when a boy. He was an able public speaker. He had a fiery temper +which made co-operation with him almost impossible, and which his weak +health no doubt aggravated. He was vain and ambitious. But he was +gifted with powers of political insight. He possessed a febrile energy +and an earnest desire to serve the common weal. Such was the physician +chosen by the British government to cure the cankers of misrule and +disaffection in the body politic of Canada. + +[Illustration: The Earl of Durham. After the painting by Sir Thomas +Lawrence.] + +Lord Durham received his commission in March 1838. But, though the +need was urgent for prompt action, he did not immediately set out for +Canada. For the delay {8} he was criticized by his political +opponents, particularly by Lord Brougham, once his friend, but now his +bitterest enemy. On the twenty-fourth of April, however, Durham sailed +from Plymouth in H.M.S. _Hastings_ with a party of twenty-two persons. +Besides his military aides for decorative purposes, he brought in his +suite some of the best brains of the time, Thomas Turton, Edward Gibbon +Wakefield, and Carlyle's gigantic pupil, Charles Buller. It is +characteristic of Durham that he should bring a band of music with him +and that he should work his secretaries hard all the way across the +Atlantic. On the twenty-ninth of May the _Hastings_ was at Quebec. +Lord Durham was received by the acting administrator, Sir John +Colborne, and conducted through the crowded streets between a double +hedge of soldiery to the Castle of St Louis, the vice-regal residence. + +If Durham had been slow in setting out for the scene of his labours, he +wasted no time in attacking his problems upon his arrival in Canada. +'Princely in his style of living, indefatigable in business, energetic +and decided, though haughty in manner, and desirous to benefit the +Canadas,' is the {9} judgment of a contemporary upon the new ruler. On +the day he was sworn to office he issued his first proclamation. Its +most significant statements are: 'The honest and conscientious +advocates of reform ... will receive from me, without distinction of +party, race, or politics, that assistance and encouragement which their +patriotism has a right to command ... but the disturbers of the public +peace, the violators of the law, the enemies of the Crown and of the +British Empire will find in me an uncompromising opponent, determined +to put in force against them all the powers civil and military with +which I have been invested.' It was a policy of firmness united to +conciliation that Durham announced. He came bearing the sheathed sword +in one hand and the olive branch in the other. The proclamation was +well received; the Canadians were ready to accept him as 'a friend and +arbitrator.' He was to earn the right to both titles. + +Durham was determined to begin with a clean slate. With a +characteristic disregard for precedent, he dismissed the existing +Executive Council as well as Colborne's special band of advisers, and +formed two new councils in their place, consisting of {10} members of +his personal staff, military officers, Canadian judges, the provincial +secretary, and the commissary-general. Together they formed a +committee of investigation and advice; and, being composed of both +local and non-local elements, it was a committee specially fitted to +supply the necessary information, and to judge all questions +dispassionately from an outside point of view. This committee acting +with the High Commissioner took the place of regular constitutional +government in Lower Canada. It was an arbitrary makeshift adopted to +meet a crisis. + +During the long, tedious voyage of the _Hastings_ the High Commissioner +had not been idle. He had worked steadily for many hours a day at the +knotty Canadian question, studying papers, drafting plans, discussing +point after point with his secretaries. Once in the country, he set to +work in the most thoroughgoing and systematic way to gather further +knowledge. He appointed commissions to report on all special problems +of government--education, immigration, municipal government, the +management of the crown lands. He obtained reports from all sources; +he conferred with men of all shades {11} of political opinion; he +called representative deputations from the uttermost regions under his +sway; he made a flying visit to Niagara in order to see the country +with his own eyes and to study conditions. Such labours were beyond +the capacity of any one man; but Durham was ably supported by his band +of loyal helpers and a public eager to co-operate. The result of all +this activity was the amassing of the priceless data from which was +formed the great document known as Lord Durham's Report. + +It is generally overlooked that at this period Canada stood in danger +from external as well as internal enemies. Hardly had Durham landed at +Quebec when there occurred a series of incidents which might have led +to war between Great Britain and the United States. A Canadian +passenger steamer, the _Sir Robert Peel_, sailing from Prescott to +Kingston, was boarded at Wells Island by one 'Bill' Johnson and a band +of armed men with blackened faces. The passengers and crew were put +ashore without their effects, and the steamer was set on fire and +destroyed. Very soon afterwards an American passenger steamer was +fired on by over-zealous sentries at Brockville. Together {12} the +twin outrages were almost enough, in the state of feeling on both +sides, to set the Empire and the Republic by the ears. + +The significance of these and other similar incidents can only be +understood by recalling the mental attitude of Americans of the day. +They had a robust detestation of everything British. It is not grossly +exaggerated by Dickens in Martin Chuzzlewit. And that attitude was +entirely natural. The Americans had, or thought they had, beaten the +British in two wars. The very reason for the existence of their nation +was their opposition to British tyranny. They saw that tyranny in all +its balefulness blighting the two Canadas. They saw those oppressed +colonies rising, as they themselves had risen, against their +oppressors. To make the danger all the more acute, the exiled +Canadians, notably William Lyon Mackenzie, went from place to place in +the United States inciting the freeborn citizens of the Republic to aid +the cause of freedom across the line. There was precedent for +intervention. Just a year before the fight at St Charles, an American +hero, Sam Houston, had wrested the huge state of Texas from the misrule +of Mexico and founded a new and independent republic. {13} Hence arose +the huge conspiracy of the 'Hunters' Lodges' all along the northern +border of the United States, of which more in the next chapter. + +Durham took prompt action. He offered a reward of a thousand pounds +for such information as should bring the guilty persons to trial in an +American, not a Canadian, court. Thereby he said in effect, 'This is +not an international affair. It is a plain offence against the laws of +the United States, and I am confident that the United States desires to +prevent such outrages.' He followed up this bold declaration of faith +in American justice by sending his brother-in-law, Colonel Grey of the +71st Regiment, to Washington to lay the facts before President Van +Buren and to remonstrate vigorously against the laxity which permitted +an armed force to organize within the borders of the Republic for an +attack upon its peaceful neighbour. Such laxity was against the law of +nations. As a result of Durham's spirited action, the military forces +on both sides of the boundary-line worked in concert to put down such +lawlessness. President Van Buren's attitude, however, cost him his +popularity in his own country. + +{14} + +The most pressing and most thorny question was how to deal with the +hundreds of prisoners who, since the rebellion, had filled the Canadian +jails. A large number of these were only suspected of treason; some +had been taken in the act of rebellion; and some were confined as +ringleaders, charged with crimes no government could overlook and hope +to survive. In some countries the solution would have been a simple +one: the prisoners would have been backed against the nearest wall and +fusilladed in batches, as the Communists were dealt with in Paris in +the red quarter of the year 1871. Even in Canada there were hideous +cries for bloody reprisals. But the ingrained British habit of giving +the worst criminal a fair trial blocked such a ready and easy way of +restoring tranquillity. Still, a fair trial was impossible. In the +temper then prevailing in the province no French jury would condemn, no +English jury would acquit, a Frenchman charged with treason, however +great or slight his fault might prove to be. The process of trying so +many hundreds of prisoners would be simply so many examples of the +law's burdensome delay. To leave them to rot in prison, as King Bomba +left political offenders {15} against his rule, was unthinkable. +Durham met the difficulty in a bold and merciful way. The young Queen +was crowned on June 28, 1838. Such an event is always a season of +rejoicing and an opportunity for exercising the royal clemency in the +liberation of captives. Following this excellent custom, Durham +proclaimed on that day an amnesty in his sovereign's name; and, in a +month after his arrival, he gave freedom to hundreds of unfortunates, +who had endured many hardships in the old, cruel jails of the time, in +addition to the tortures of suspense as to their ultimate fate. + +There were some who could not be so released. They were only eight in +number, but they were such men as Wolfred Nelson and Robert Bouchette, +whose treason was open and notorious. They knew, and Durham knew, that +they could not obtain a fair trial. Therefore the High Commissioner +overleapt the law, and by an ordinance banished these ringleaders to +Bermuda during Her Majesty's pleasure. Durham was much pleased at this +happy solution of a difficult and delicate problem. He congratulated +himself, as well he might, on having terminated a rebellion without +shedding a drop of blood. 'The {16} guilty have received justice, the +misguided, mercy,' he wrote to the Queen, 'but at the same time, +security is afforded to the loyal and peaceable subjects of this +hitherto distracted Province.' Furthermore, his proceedings had been +'approved by all parties--Sir J. Colborne and all the British party, +the Canadians and all the French party.' Durham fancied that this +question was now settled, and that he could proceed unhampered with his +main task of reconstruction. But his justifiable satisfaction was not +to last long. + +While the High Commissioner was labouring in Canada, as few officials +have ever laboured, for the good of the Empire, his enemies and his +lukewarm friends in England were between them preparing his downfall. +Of his foes, the most bitter and unscrupulous was Brougham, a political +Ishmael, a curious compound of malignity and versatile intellectual +power. He had criticized Durham's delay in starting for Canada; and he +was only too glad of the handle which the autocratic, czar-like +ordinance of banishment to Bermuda offered him against his enemy. It +is nearly always in the power of a party politician to distort and +misrepresent the act {17} of an opponent, however just or blameless +that act may be. Brougham made a great pother about the rights of +freemen, usurpation, dictatorship. As a lawyer he raised the legal +point, that Durham could not banish offenders from Canada to a colony +over which he had no jurisdiction. He enlisted other lawyers on his +side to attack the composition of Durham's council. The storm Brougham +raised might have done no harm, if Durham's political allies had stood +by him like men. But the prime minister Melbourne, always a timorous +friend, bent before the blast, and Durham's ordinance was disallowed. +The High Commissioner, who had been granted such great powers, was held +to have exceeded those powers. Durham belonged to the caste which felt +a stain upon its honour like a wound. The disallowance of his +ordinance by the home authorities was a blow fair in the face. It put +an end to his career in Canada, by undermining his authority. In those +days of slow communication the news of the disallowance reached him +tardily. By a side wind, from an American newspaper, he first learned +the fact on the twenty-fifth of September. He at once sent in his +resignation, told the {18} people of Canada the reason why in a +proclamation, and as soon as possible left the country for ever. +Brougham was burned in effigy at Quebec. The lucky eight, already in +Bermuda, were speedily released. Never did leaders of an unsuccessful +rebellion suffer less for their indiscretion. From Bermuda they +proceeded to New York to renew their agitation. On the first of +November Durham left Quebec, as he had entered that city, with all the +pomp of military pageantry and in a universal display of public +interest. He came in a crisis; he left amid a crisis. He had spent +five months in office, almost the exact term for which the Romans chose +their chief magistrate in a national emergency and named him dictator. + + +In the eyes of Durham's enemies his ordinance of banishment was a +ukase; and, at first blush, it looks like an unwarrantable stretching +of his powers. But Durham was on the ground and must necessarily have +known the conditions prevailing much better than his critics three +thousand miles away. Desperate diseases need desperate remedies. The +presumption is always that the man on the ground will be right; and +posterity has {19} passed a final judgment of approval on Durham's bold +slashing of the Gordian knot. New facts have set the whole matter in a +new light. A paper of Buller's,[2] hitherto unpublished, shows that +the ordinance was promulgated _only after consultation with the +prisoners_. 'The prisoners who expected the government to avail itself +of its power of packing a jury were very ready to petition to be +disposed of without trial, and as I had in the meantime ascertained +that the proposed mode of dealing with them would not be condemned by +the leading men of the British party, Lord Durham adopted the plan +proposed.' They regarded banishment as an unexpected mercy, as well +they might. The only alternative was the dock, the condemned cell, and +the gallows. + + +On the thirtieth of November Durham landed at Plymouth, and by the +middle of the following January he had finished his Report. Early in +February it was printed and laid before the House of Commons. The {20} +curious legend which credits Buller with the authorship is traceable to +Brougham's spite. Macaulay and Brougham met in a London street. The +great Whig historian praised the Report. Brougham belittled it. 'The +matter,' he averred, 'came from a felon, the style from a coxcomb, and +the Dictator furnished only six letters, D-u-r-h-a-m.' The whole +question has been carefully discussed by Stuart J. Reid in his _Life +and Letters of the First Earl of Durham_, and the myth has been given +its quietus. Even if direct external evidence were lacking, a +dispassionate examination of the document itself would dispose of the +legend. In style, temper, and method it is in the closest agreement +with Durham's public dispatches and private letters. + +The drafting of this most notable of state papers was the last of +Durham's services to the Empire. A little more than a year later he +was dead and laid to rest in his own county. Fifty thousand people +attended his funeral. A mausoleum in the form of a Greek temple marks +his grave. The funds for this monument were raised by public +subscription, such was the force of popular esteem. His dying words +were prophetic: 'Canada will one day do justice to my memory.' + +{21} + +The Report was Durham's legacy to his country. It defined once for all +the principles that should govern the relations of the colony with the +mother country, and laid the foundations of the present Canadian unity. +It did not please the factions in Canada; it was too plain-spoken. +Exception may be taken, even at the present day, to some of its +recommendations and conclusions. But its faithful pictures of 'this +hitherto turbulent colony' enable the historical student and the honest +patriot to measure the progress the country has since made on the road +to nationhood. If unpleasant, it is very easy reading. Few +parliamentary reports are closer packed with vital facts or couched in +clearer language. To the task of its composition the author brought +energy, insight, a sense of public duty, a desire to be fair, and, best +of all, an open mind, a perfect readiness to relinquish prepossessions +or prejudices in the face of fresh facts. His ample scheme of +investigation, as carried out by himself and his corps of able helpers, +had put him in control of a huge assemblage of data. On this he +reasoned with admirable results. + +The Report consists of four parts. The {22} first, and by far the +largest, portion deals with Lower Canada, as the main storm centre. +The second is concerned with Upper Canada; the third, with the Maritime +Provinces and Newfoundland. Having diagnosed the disease in the body +politic, Durham proposes a remedy. The fourth part is an outline of +the curative process suggested. + +'I expected to find a contest between a government and a people; I +found two nations warring in the bosom of a single state.' In that one +sentence Durham precises the situation in Lower Canada. Nothing will +surprise the Canadian of to-day more than the evidence adduced of 'the +deadly animosity' which then existed between the two races. The very +children in the streets fought, French against English. Social +intercourse between the two was impossible. The Report shows the +historical origin and carefully traces the course of this 'deadly +animosity.' It finds much to admire in the character of the French +habitant, but spares neither his faults nor the shortcomings of his +political leaders. It shows that the original racial quarrel was +aggravated by the conduct of the governing officials, both at home and +in Canada, until the French took up arms. {23} The consequences were +'evils which no civilized community can long continue to bear.' There +must be a 'decision'; and it must be 'prompt and final.' + +In Upper Canada Durham found a different situation. There the people +were not 'slavish tools of a narrow official clique or a few +purse-proud merchants,' but 'hardy farmers and humble mechanics +composing a very independent, not very manageable, and sometimes a +rather turbulent democracy.' The trouble was that a small party had +secured a monopoly of power and resisted the lawful efforts of moderate +reformers to establish a truly democratic form of government. +Ill-balanced extremists had taken up arms; but the sound political +instinct of the vast majority was against them. Here, too, the +original difficulties had been complicated by official ignorance in +England and the unwisdom of authorities on the spot. The result was +that these 'ample and fertile territories' were in a backward, almost +desperate, condition. Their poverty and stagnation were a depressing +contrast to the prosperity and exhilarating stir of the great American +democracy. + +The other outlying provinces presented no {24} such serious problems. +There were various anomalies and difficulties; but they were on their +way to removal. + +The 'evils which no civilized community could bear' were to be cured by +a legislative union of the Canadas. The time had gone by for a federal +union. A door must be either open or shut; the French province must +become definitely a British province and find its place in the Empire. +To end the everlasting deadlock between the governor and the +representatives of the people, the Executive should be made responsible +to the Assembly; and, in order to bring the scattered provinces closer +together, an inter-colonial railway should be built. In other words, +the obsolete, bad system of colonial government must undergo radical +reform, both within and without, because 'while the present state of +things is allowed to last, the actual inhabitants of these provinces +have no security for person or property, no enjoyment of what they +possess, no stimulus to industry.' + +The story of how this reform was undertaken, and of how, in spite of +many obstacles, it was brought to a triumphant success, must always +remain one of the most important chapters in the political history of +Canada. + + + +[1] The story of the rebellions will be found in two other volumes of +the present Series, _The Family Compact_ and _The Patriotes of '37_, +For earlier cognate history see _The Father of British Canada_ and _The +United Empire Loyalists_. + +[2] A sketch of Lord Durham's mission to Canada in 1838, by Charles +Buller. See the edition of Lord Durham's Report edited, with an +introduction, by Sir C. P. Lucas: Oxford, 1912. The original document +was given to Dr Arthur G. Doughty, Dominion Archivist, by the present +Earl of Durham. + + + + +{25} + +CHAPTER II + +POULETT THOMSON, PEACEMAKER + +Wounded and angry at what he considered an intolerable affront, Durham +had placed the reins of government in the firm hands of that fine old +soldier, Sir John Colborne, and had gone to speak with his enemies in +the gate. Not only was the cause of Canada left bleeding; but as soon +as Durham's back was turned, rebellion broke out once more. This +second outbreak arose from the support afforded the Canadian +revolutionists by American 'sympathizers.' The full story of the +'Hunters' Lodges' has never been told, and the sentiment animating that +organization has been quite naturally misunderstood and misrepresented +by Canadian historians. In the thirties of the nineteenth century +western New York was the 'frontier,' and it was peopled by wild, +illiterate frontiersmen, familiar with the use of the rifle and the +bowie-knife, bred in the Revolutionary {26} tradition and nourished on +Fourth of July oratory to a hatred of everything British. The memories +of 1812 were fresh in every mind. These simple souls were told by +their own leaders and by political refugees from Canada, such as +William Lyon Mackenzie, that the two provinces were groaning under the +yoke of the 'bloody Queen of England,' that they were seething with +discontent, that all they needed was a little assistance from free, +chivalrous Americans and the oppressed colonists would shake off +British tyranny for ever. Appeal was made to less exalted sentiment. +Each patriot was to receive a handsome grant of land in the newly +gained territory. Accordingly, in the spring and summer of 1838, a +large scheme to give armed support to the republicans of Canada was +secretly organized all along the northern boundary of the United +States. It was a secret society of 'Hunters' Lodges,' with ritual, +passwords, degrees. Each 'Lodge,' was an independent local body, but a +band of organizers kept control of the whole series from New York to +Detroit. The 'Hunters' are uniformly called 'brigands' and 'banditti' +by the British regular officers who fought them, and the terms have +been {27} handed on without critical examination by Canadian +historians; but not with justice. Misled though they were, the +'Hunters' looked upon Canada only as Englishmen looked upon Greece, or +Poland, or Italy struggling for political freedom: the sentiment, +though misdirected, was anything but ignoble. Acting upon this +sentiment, a Polish refugee, Von Shoultz, led a small force of +'Hunters,' boys and young men from New York State, in an attack on +Prescott, November 10, 1838. He succeeded in surprising the town and +in establishing himself in a strong position in and about the old +windmill, which is now the lighthouse. His position was technically a +'bridge-head,' and he defeated with heavy loss the first attempt to +turn him out of it. If he had been properly supported from the +American side of the river, and if the Canadians had really been ready +to rise _en masse_ as he had been led to believe, the history of Canada +might have been changed. As it was, the invaders were cut off, and, on +the threat of bombardment with heavy guns, surrendered. Their leader +paid for his mistaken chivalry with his life on the gallows within old +Fort Henry at Kingston; and, {28} in recognition of his error, he left +in his will a sum of money to benefit the families of those on the +British side who had lost their lives through his invasion. Of his +followers, some were hanged, some were transported to Tasmania, and +some were set free. During that winter the 'Hunters' made various +other attacks along the border, which were defeated with little effort. +Though now the danger seems to have been slight, it did not seem slight +to the rulers of the Canadas at that time. The numbers and the power +of the 'Hunters' were not known; the sympathy of the American people +was with them, especially while the filibusters were being tried at +drum-head court-martial and hanged; and there was imminent danger of +the United States being hurried by popular clamour into a war with +Great Britain. + +All through the summer of 1838 the rebel leaders in the United States +had been plotting for a new insurrection. They were by no means +convinced that their cause was lost. Disaffection was kept alive in +parts of Lower Canada and the habitants were fed with hopes that the +armed assistance of American sympathizers would ensure success for a +second attempt at independence. It may be {29} the sheerest accident +of dates; but Durham took ship at Quebec on the first of November, and +Dr Robert Nelson was declared president of the Canadian republic at +Napierville on the fourth. A copy of Nelson's proclamation preserved +in the Archives at Ottawa furnishes clear evidence of the aims and +intentions of the Canadian radicals: they wanted nothing less than a +separate, independent republic, and they solemnly renounced allegiance +to Great Britain. At two points near the American boundary-line, +Napierville and Odelltown, the loyal militia and regulars clashed with +the rebels and dispersed them. Once more the jails were filled, which +the mercy of Durham had emptied. Once more the cry was raised for +rebel blood, and the winter sky was red with the flame of burning +houses which had sheltered the insurgents. Hundreds of French +Canadians fled across the border; and from this year dates the +immigration from Quebec into New England which has had such an +influence on its manufacturing cities and such a reaction on the +population which remained at home. Another fruit of this ill-starred +rebellion was the haunting dirge of Gérin-Lajoie, _Un Canadien errant_. +Twelve of the leaders were {30} tried for treason, were found guilty, +and were hanged in Montreal. Some of these had been pardoned once for +their part in the rising of the previous year; some were implicated in +plain murder; all were guilty; but the chill deliberate formalities of +the gallows, the sufferings of the wretched men, their bearing on the +scaffold, the vain efforts to obtain reprieve, produced a strong +revulsion of popular feeling in their favour. By the common law of +nations they were traitors; but they are still named and accounted +'patriots.' + +At Toronto, Lount and Matthews, two of the rebel leaders of Upper +Canada, were hanged in the jail-yard on April 12, 1839. A petition for +mercy was set aside; Lount's wife on her knees begged the +lieutenant-governor to spare her husband's life, but in vain. Here, +too, public feeling was chiefly pity for the unfortunate. But these +executions did not satisfy the extremists. The lieutenant-governor, +Sir George Arthur, who had long been governor of the penal settlement +in Tasmania, was avowedly in favour of further severities; and vengeful +loyalists clamoured in support. All Durham's work seemed undone. The +political outlook of {31} the Canadas in 1839 was, if anything, darker +and more hopeless than it had been two years before. + +Almost as grave as the political condition of the country was the +financial situation. The rebellions of '37 coincided with a +wide-spread financial crisis in the United States, which had its +inevitable reaction upon all business in Canada, and matters had gone +from bad to worse. By the summer of 1839 Upper Canada--the present +rich and prosperous Ontario--was on the verge of bankruptcy. The +reason lay in the ambition of this province. The first roads into any +new country are the rivers. Therefore the population of Canada first +followed and settled along the ancient waterway of the St Lawrence and +the Great Lakes. But this wonderful highway was blocked here and there +by natural obstacles to navigation, long series of rapids and the giant +escarpment of Niagara. To overcome these obstacles the costly Cornwall +and Welland canals had been projected and built. The money for such +vast public works was not to be found in a new country in the pioneer +stage of development; it had to be borrowed outside; and the annual +interest on these borrowings amounted {32} to £75,000, more than half +the annual income of the province. And this huge interest charge was +met by the disastrous policy of further borrowings. After Poulett +Thomson, Durham's successor, became acquainted with Upper Canada--'the +finest country I ever saw,' wrote the man who had seen all Europe--he +testified: 'The finances are more deranged than we believed in +England.... All public works suspended. Emigration going on fast +_from_ the province. Every man's property worth only half what it +was.' Decidedly the political and financial problems of Canada +demanded the highest skill for their solution. + +While things had come to this pass in Canada, Lord Durham's Report on +Canada had been presented to the British House of Commons and its +proposals of reform had been made known to the British public. It +revealed the incompetency of Lord Glenelg as colonial secretary; he +resigned and made way for Lord John Russell, who was in hearty accord +with the principles and recommendations of the Report. The chief +recommendation was that the only possible solution of the Canadian +problem lay in the political union of the two provinces. At first the +British {33} government was inclined to bring about this desirable end +by direct Imperial fiat, but in view of the determined opposition of +Upper Canada, it wisely decided to obtain the consent of the two +provinces themselves to a new status, and to induce them, if possible, +to unite of their own motion in a new political entity. The essential +thing was to obtain the consent of the governed; but they were +turbulent, torn by factions, and hard to bring to reason. + +For a task of such difficulty and delicacy no ordinary man was +required. Sir John Colborne was not equal to it; he was a plain +soldier, but no diplomat. He was raised to the peerage as Lord Seaton +and transferred. A second High Commissioner, with practically the +powers of a dictator, was appointed governor-general in his stead. +This was a young parliamentarian, of antecedents, training, and outlook +very different from those of his predecessors. Instead of the Army or +the county family, the new governor-general represented the dignity of +old-fashioned London mercantile life. Charles Poulett Thomson had been +in trade; he had been a partner in the firm of Thomson, Bonar and Co., +tallow-chandlers. Now tallow-chandlery is not {34} generally regarded +as a very exalted form of business, or the gateway to high position; +but in the days of candles it was a business of the first importance. +Candles were then the only light for the stately homes of England, the +House of Commons, the theatres. The battle-lanterns of Britain's +thousand ships were lit by candles. Supplies of tallow must be fetched +from far lands, such as Russia. And this business formed the +governor-general of Canada. As a boy in his teens he was sent into the +counting-house, an apprentice to commerce, and so he escaped the +'education of a gentleman' in the brutal public schools and the +degenerate universities of the time. Business in those days had a sort +of sanctity and was governed by punctilious--almost religious--routine. +In the interests of the business he travelled, while young and +impressionable, to Russia, and mixed to his advantage with the +cosmopolitan society of the capital. Ill-health drove him to the south +of France and Italy, where he resided for two years. His was the rare +nature which really profits by travel. Thus, in a nation of one +tongue, he became a fluent speaker of several European languages; and, +in a nation which prides itself on being blunt {35} and plain, he was +noted for his suave, pleasing, 'foreign' manners. Poulett Thomson +became, in fact, a thorough man of the world, with well-defined +ambitions. He left business and entered politics as a thoroughgoing +Liberal and a convinced free-trader long before free trade became +England's national policy. Another title to distinction was his +friendship with Bentham, who assisted personally in the canvass when +Thomson stood for Dover. From 1830 onwards he was intimately +associated with the leaders of reform. He was a friend of Durham's, +and they had worked together in negotiating a commercial treaty with +France. Continuity in the new Canadian policy was assured by personal +consultations with Durham before Thomson started on his mission. +'Poulett Thomson's policy was based on the Durham Report, and most of +his schemes in regard to Canada were devised under Durham's own roof in +Cleveland Row.' + +[Illustration: Lord Sydenham. From an engraving by G. Browning in +M'Gill University Library.] + +Business, travel, and politics combined to form the character of +Poulett Thomson. His well-merited titles, Baron Sydenham and Toronto, +tend to obscure the fact that he was essentially a member of the great +middle class, a civilian who had never worn a sword or {36} a military +uniform. He represented that element in English life which is always +enriching the House of Peers by the addition of sheer intellectual +eminence, like that of Tennyson and Kelvin. He had a sense of humour, +a quality of which Head and Durham were devoid. He was amused when he +was not bored by the pomp attending his position. 'The worst part of +the thing to me, individually, is the ceremonial,' he writes. 'The +_bore_ of this is unspeakable. Fancy having to stand for an hour and a +half bowing, and then to sit with one's cocked hat on, receiving +addresses.' In person Thomson was small, slight, elegant, +fragile-looking, with a notably handsome face. He was one of those +clever, agreeable, plausible, managing little men who seem always to +get their own way. They are very adroit and not too scrupulous about +the means they use to attain their ends. They have that absolute +belief in themselves which their friends call self-confidence and their +enemies conceit. + +Thomson came to his arduous task brimming with ambition and belief in +his ability to cope with it. He realized to the full the difficulty of +the problem set him and {37} the credit which would accrue if he solved +it. 'After fifteen years,' a friend wrote, 'you have now the golden +opportunity of settling the affairs of Canada upon a safe and firm +footing, ensuring good government to the people, and securing ample +power to the Crown.' He was fully aware of this himself. 'It is a +_great field_ too,' he notes in his private Journal, 'if I can bring +about the union of the provinces and stay for a year to meet the united +assembly and set them to work'; and he contrasts the opportunity for +distinction offered by the Canadian imbroglio with the tame +possibilities of a subordinate position in the Cabinet, which would be +his fate if he remained in England. + +The new governor-general reached Quebec in H.M.S. _Pique_ on October +17, 1839, after a stormy passage of thirty-three days. His first task +in Canada was the same as Durham's--to acquaint himself with the actual +conditions--and he flung himself into it with equal energy. Like +Durham, too, he was ably assisted by capable men on his staff, notably +T. W. C. Murdoch, his civil secretary, and James Stuart, the chief +justice of Lower Canada. From the very first he won golden {38} +opinions from all sorts of persons. The tone of his proclamations, the +courtesy and tact of his public utterances, his personal charm made him +speedily popular. The party of Reform was conciliated because he was +known to be in sympathy with the principles of Lord Durham's Report, +while the Conservatives were pleased with his avowed purpose of +strengthening the bonds between the colony and the mother country. +Lower Canada was still a province without a constitution; but it must +have some machinery of government. A makeshift for regular government +was provided by a Legislative Council of fourteen persons of importance +appointed by Sir John Colborne. Their agreement to the principles of +union was soon obtained. The province now seemed tranquil and the +governor-general hurried on to Upper Canada. His account of his +journey from Montreal to Kingston--the changes and stoppages, the +varieties of conveyance--illustrates vividly the difficulties of travel +in those days. + +At Toronto Thomson found a totally different set of conditions. Here +was a constitution functioning and a legislature in session; but what a +legislature! Split into half a dozen little cliques and factions, it +was {39} trying to work with no cabinet, no opposition, no party +system--an ideal state of things to which some critics of present +conditions would like to return. The office-holders, that is, the +members of the government, took opposite sides in debate. The Assembly +was a house divided and sub-divided against itself. There was a +wide-spread and persistent clamour for 'responsible government,' but no +one knew precisely what was meant by it. Who was to be 'responsible'? +for what? and to whom? How was it possible to make the local +government 'responsible' to the people of the colony without reducing +the governor to a figurehead? If his authority were reduced to a +shadow, what became of the 'prerogative' and British connection? Was +not 'responsible government' simply the prelude to the absolute +separation of the colony from the mother country? Then there was the +question of the Clergy Reserves agitating every colonial breast. +One-seventh of the public domain had been set aside for the support of +a favoured church: a plain case of monopoly and privilege, said some; a +wise provision for the maintenance of religion, said others. And the +shadow of bankruptcy was {40} hanging over the unhappy colony. The +situation was one of the utmost difficulty, calling for an almost +superhuman combination of ability, tact, and firmness. Here, as in +Lower Canada, the governor-general's first effort was to obtain the +consent of the people's representatives to the great change in the +status of the province which the union would involve. He carried his +point by meeting men and discussing the project with them--a process of +education. Although there was some opposition on various grounds, +reasonable and unreasonable, the Assembly finally consented to the +following terms: first, each province was to have an equal number of +representatives; secondly, a sufficient civil list was to be granted; +thirdly, the debt incurred by Upper Canada for public works of common +interest should be charged upon the revenue of the new united province. +These terms could not be called ideal, especially in regard to Lower +Canada; but union was the only alternative to benevolent despotism or +civil war. In bringing the legislature of Upper Canada to consent to +these terms Thomson had the valuable aid of the cohort of Moderate +Reformers led by Baldwin and Hincks. + +{41} + +No inconsiderable part of the governor-general's task was a campaign of +education in the _ABC_ of responsible government. Those elementary +ideas of party government now regarded as axiomatic had to be taught +painfully to our rude forefathers in legislation. That the government +should have a definite head or leader in the Assembly, who should speak +for the government, introduce and defend its measures; that the +officials of the government other than those holding permanent posts +should form one body--a ministry--which should automatically relinquish +office and power when it could no longer command a majority in the +legislature, were practically new and by no means welcome ideas to the +old-time law-makers of Canada. The natural corollary that the +opposition also should be organized under a definite leader, who, on +defeating the government, should assume the responsibility of forming a +cabinet, was equally novel. Such a check on reckless criticism was +sadly needed. Of the process by which Thomson achieved his ends even +his fullest biography gives little information. There must have been +endless conferences of homespun, honest farmers like Willson, men of +breeding like {42} Robinson, brilliant lawyers like Sullivan, plain +soldiers like MacNab, with the little, sickly, understanding governor +of the brilliant eyes, the charming manner, and the persuasive tongue. +Of all the varied explaining, discussing, initiating, little record +remains. But the work was done and the results are manifest to the +world. The persuasive little man succeeded in persuading the +law-makers of Upper Canada that the way out of their difficulties lay +not through division but through union. He persuaded them to a change +of status which was a reversal to the old status prior to the +Constitutional Act, and also a prelude to that larger union of the +British colonies in North America which was destined to embrace half +the continent. + +Having succeeded almost beyond belief in the first part of his mission, +Thomson turned his attention to the next vexed question. This was the +question of the Clergy Reserves. On this subject much ink had been +spilt and much hard feeling engendered; and it still provokes not a +little ill-directed sarcasm. The whole matter is in danger of being +misunderstood, and eighteenth-century lawmakers are blamed for not +possessing ideas a hundred years ahead of their times. + +{43} + +By the terms of the Constitutional Act of 1791 one-seventh of the +public lands thereafter to be granted were devoted to 'the Support and +Maintenance of a Protestant Clergy.' The provision was due, it seems, +to the king himself, pious, homely 'Farmer George'; and to men of his +mind no provision could have seemed more natural or right. +'Establishment' had been the rule from time immemorial. The Church of +England was 'established,' that is, provided by law with an income in +England, in Wales, and in Ireland. The 'Kirk' was similarly +'established' in Scotland. In British America itself the Church of +Rome was 'established' very firmly in Lower Canada. What could be more +natural for a Protestant monarch than to make provision for a +'Protestant Clergy' in a British colony settled by British immigrants, +and purchased with such outpouring of British blood and British +treasure? And what more ready and easy way could be found of providing +for that 'clergy' than by endowing it with waste lands which taxed no +one and which would increase in value as the country became settled? +In its essence this endowment was a recognition of the value of the +Christian religion in preserving {44} the state. But trouble arose +almost at once in the interpretation of the terms 'Protestant' and +'clergy.' Was not the Church of Scotland 'Protestant' as well as the +Church of England? Were not the various species of 'Dissenters' also +the most vigorous of 'Protestants'? On the other side it was asked, +Was not the term 'clergy' applied exclusively to the ministers of the +Church of England? It could not apply to any religious teachers +outside the pale; those outside the pale never dreamed of applying it +to themselves. Naturally other denominations wished to share in this +most generous endowment; and quite as naturally the Church of England +desired to stand by the letter of the law and hold what it had of legal +right. Some extremists opposed any and all establishments, holding +that the church should be independent of the state. Let the endowment +be used for the sorely pinched cause of education, and let the +ministers of all denominations depend solely on the Christian +liberality of their people. Perhaps the extremists were in closest +touch with the genius of the new land and the new institutions growing +up in it. To the plain man in the pioneer settlement there seemed +something feudal, something {45} unjust, in creating a privileged +church at the expense of all other churches. Pioneer life brings men +back to primal realities. To the settler in the log-hut the externals +of religion are apt to fade until all churches seem to be much the +same: to set one above all the others seems in his eyes so unjust as to +admit of no argument in its favour. Besides, he had a very real +grievance: the reserved unoccupied lands interfered with his +well-being; they came between farm and farm, increased his taxation, +and prevented the making of the needful roads. How was he to get to +market? to fetch supplies? To-day few will be found to argue for a +state church; but it was not so in the twenties and thirties of the +last century. The battle raged loud and long; and pamphleteer rent +pamphleteer in endless, wordy warfare. + +By 1817 the grievance had become clamant; and when that inquisitive +agitator, Robert Gourlay, asked the farmers of Upper Canada what +hindered settlement, he received the answer--Clergy Reserves. Two +years later the Assembly asked for a return of the lands leased and the +revenue derived from them. Up to this time the annual revenue had not +exceeded £700. In the same {46} year, 1819, the 'Kirk' parish of +Niagara applied for a grant of £100, and the law-officers of the Crown +supported the claim. This decision stirred up the Anglicans. They +formed themselves into a corporation in each province to oversee the +administration of the Clergy Reserves. Ownership in the lands was to +be obtained, if obtained at all, through the establishment and +endowment of separate rectories, as provided for in the original act. +Why the directing minds among the Anglicans did not adopt this ready +and easy method of obtaining at least the bulk of the disputed land is +something of a mystery. Apparently they adopted a policy of all or +none. Only in 1836, just before the outbreak of the rebellions, when +political feeling was at fever pitch, did Sir John Colborne, at the +bidding of Bishop Strachan, sign patents for forty-four parishes to be +erected in Upper Canada. The total amount of land devoted to this +purpose was seventeen thousand acres. 'This,' declared Lord Durham, +'is regarded by all other teachers of religion in the country as having +at once degraded them to a position of legal inferiority to the clergy +of the Church of England; and it has been most warmly resented. In the +opinion of many persons, {47} this was the chief predisposing cause of +the recent insurrection, and it is an abiding and unabated cause of +discontent.' + +Thomson's way of dealing with this cause of discontent did not dispose +of it for ever, but it at least provided a lenitive. With the business +man's respect for property and vested interests, he was opposed to the +diversion of the grant from its original purpose to the support of +education. He used his powers of persuasion upon 'the leading +individuals among the principal religious communities.' After 'many +interviews' he secured the support of the religious communities to a +measure which he had prepared. By the terms of this bill the remainder +of the reserved land was to be sold and the proceeds were to form a +fund, the income from which should be distributed annually among the +Church of England, the Church of Scotland, and other specified +religious bodies, 'in proportion to their respective numbers.' This +measure was not really acceptable to the Reformers, who wanted to see +the land used in the cause of education; it was distasteful to the Kirk +men; it was gall and wormwood to extreme Anglicans like Bishop +Strachan. None the less, the personal {48} influence of the +diplomatic, strong-willed little man carried it through; and although +the Act itself was disallowed, on excellent grounds, by the Imperial +government, as exceeding the powers of the provincial legislature, yet +the Imperial parliament passed an Act exactly to the same effect. +Thomson had applied a plaster to the sore. + +His general view of the political conditions is shown in a private +letter to his chief, Lord John Russell. The picture he draws is +lively, unflattering, but instructive. 'I am satisfied that the mass +of the people are sound--moderate in their demands and attached to +British institutions; but they have been oppressed by a miserable +little oligarchy on the one hand and excited by a few factious +demagogues on the other. I can make a middle reforming party, I am +sure, that will put down both.' The record of seventy-five years and +of two wars shows the attachment of the Canadians to British +institutions, and how justly the governor-general appraised the 'mass +of the people.' Not less clearly did he judge the politicians of the +day, their pettiness, their naïve selfishness, their disregard of rule +and form, shocking all the instincts of the British man of business and +{49} the trained parliamentary hand. 'You can form no idea,' he +continues, 'of the way a Colonial Parliament transacts its business. I +got them into comparative order and decency by having measures brought +forward by the Government and well and steadily worked through. But +when they came to their own affairs, and, above all, to money matters, +there was a scene of confusion and riot of which no one in England can +have any idea. Every man proposes a vote for his own job; and bills +are introduced without notice and carried through _all_ their stages in +a quarter of an hour! One of the greatest advantages of the Union will +be that it will be possible to introduce a new system of legislating, +and above all, a restriction upon the initiation of money-votes. +Without the last I would not give a farthing for my bill: and the +change would be decidedly popular; for the members all complain that +under the present system they cannot refuse to move a job for any +constituent who desires it.' Canadians of the present day should study +those words without flinching. + +When the session was over Thomson posted back to Montreal, assembled +his Special Council, and set to work, in the rôle of {50} benevolent +despot, introducing many much-needed reforms. The wheels of government +had been definitely blocked by racial hatred; the constitution was +still suspended. 'There is positively no machinery of government,' +Thomson wrote in a private letter. 'Everything is to be done by the +governor and his secretary.' There were no heads of departments +accessible. When a vacancy occurred, the practice was to appoint two +men to fill it, one French and the other English. There were joint +sheriffs, and joint crown surveyors, who worked against each other. +Ably seconded by the chief justice Stuart, the energetic governor +succeeded in reforming the procedure of the higher courts of judicature +and in establishing district courts after the model of Upper Canada. +Altogether, twenty-one ordinances were passed which had the force of +law. They were indispensable, in Thomson's opinion, in paving the way +for the Union. He was under no illusions as to his methods. 'Nothing +but a despotism could have got them through. A House of Assembly, +whether single or double, would have spent ten years at them,' he +writes, with perfect truth. + +The Maritime Provinces next claimed his {51} attention, as they came +within the scope of his commission. In Nova Scotia, likewise, a +struggle for responsible government was in progress, but with striking +differences. The protagonist of the movement, Howe, was the very +reverse of a separatist. He was passionately attached to Britain and +British institutions, and he thought not in terms of his little +province, but of the Empire. Over-topping all other politicians of his +day in native power and breadth of vision, he was successful in working +out the problem of responsible government by purely constitutional +methods, without a symptom of rebellion, the loss of a single life or +any _deus ex machina_ dictator or pacificator from across the seas. +Howe, indeed, was fitted to educate statesmen in the true principles of +democratic government, as his famous letters to Lord John Russell +testify. Howe's achievement must be compared with the failure of +Mackenzie and Papineau, if his true greatness is to appear. When +Thomson and he met, they found that they were at one in principle and +in respect to the measures necessary to bring about the desired +reforms. That month of July 1840 was a very busy one for the +governor-general. He reached Halifax on the ninth and left on {52} the +twenty-eighth for Quebec. In the meantime he had met many men, +discussed many measures, gauged the situation correctly, drafted a +clear memorandum of it, and made a flying visit to St John and +Fredericton. He found New Brunswick happy and contented, a very oasis +of peace in the howling wilderness of colonial politics. His policy +was to get into personal touch with every part of his government and to +see it with his own eyes. On his way back to Montreal from Quebec he +made a detour through the Eastern Townships. Everywhere he increased +his already great popularity. + +Apart from his natural and commendable desire to inform himself by the +evidence of his own eyes and ears, these tours were dictated by sound +policy. The governor-general was his own minister, the approaching +election was his election, the Union was his measure; so his public +appearances, speeches, replies to addresses, personal interviews were +all in the nature of an election tour by a modern political leader to +influence public opinion, a legitimate part of his campaign. After +touring the Eastern Townships he made a thorough visitation of the +western province, going round by water, and {53} being nearly wrecked +on Lake Erie and again on Lake Huron, where he found that the inland +freshwater sea could be as turbulent as the Bay of Biscay. Elsewhere +the Canadian autumn weather was delightful. His precarious health +improved. His tour was a triumphal progress. '_All_ parties,' he +writes, 'uniting in addresses in every place, full of confidence in my +government, and of a determination to forget their former disputes.' +He adds a little pen-picture, which shows that the Canadian pioneer had +a knack of impromptu pageantry which his descendants have lost. +'Escorts of two and three hundred farmers on horseback at every place +from township to township, with all the etceteras of guns, music, and +flags.' The governor rode a good deal himself, taking saddle-horses +with him as well as a carriage. Those musical, gun-firing, flag-flying +cavalcades from township to township in the pleasant autumn weather of +1840 enliven the background of a political struggle. 'What is of more +importance,' continues the astute and businesslike little man, 'my +candidates everywhere taken for the ensuing elections.' This western +tour had an important reaction upon public opinion in Toronto, bringing +the {54} divers factions into something like harmony for a time. +Thomson himself was genuinely pleased with what he had seen of that +rich, heart-shaped peninsula lying behind the moat of three inland +seas, with the flowing names, Huron, Erie, Ontario. He writes in +justifiable superlatives. 'You can conceive nothing finer. The most +magnificent soil in the world--four feet of vegetable mould--a climate +certainly the best in North America--the greater part of it admirably +watered. In a word, there is land enough and capabilities enough for +some millions of people and for one of the finest provinces in the +world.' Half a century from the time of writing the governor's vision +was realized and Ontario was the 'banner province' of the Dominion. + +During that busy month of July which the governor had spent in the +Maritime Provinces the Act of Union passed by the Imperial parliament +had taken effect. The two provinces were proclaimed to be one province +with one legislature. It was necessary to issue a new commission for +the governor of the new province, and, to mark the importance of his +achievement, Charles Poulett Thomson was created a peer, Baron Sydenham +of Sydenham in Kent and Toronto in Canada. {55} One advantage of a +monarchy is its ability to reward service to the state in a splendid +way. Sydenham's honour was well deserved, but he was not destined to +enjoy it long. His activity in no way relaxed. An essential part of +the scheme of union, as he saw it, was local home rule. The country +was to be divided into small self-governing +units--municipalities--taxing themselves for their own necessary +expenditures and controlling the revenues so raised. This is now such +a familiar idea, an institution which works so well, that it is hard to +conceive of Canada ever lacking it. Even more difficult to conceive is +why the idea should have been opposed by the Imperial parliament so +strongly that an advanced Liberal like Lord John Russell was forced to +exclude it from the Act of Union. But Sydenham was not easily balked. +Being on the ground and seeing the urgent need of such an institution, +he called together his wonderful Special Council for one last session. +Between them they organized the municipal system which, in modified +form, still functions in Quebec. After the Union the system was +extended to Ontario, to the great advantage of that province. So +thoroughly are Canadians {56} accustomed to managing their own affairs, +that they do not realize what a privilege they possess in their +municipal system, and how far Great Britain then lagged behind. + +Another important measure passed by the expiring Special Council was +the Registry Act. To the habitant the selling, mortgaging, and +transfer of property was a private affair; he did not see the need for +publicity. So the habit of clandestine transfer of land was almost a +French habit. The same habit prevailed among the Acadians and had to +be dealt with by the English governors. The attempt to put the +transfer of land upon a business basis was regarded as an insidious +attack upon a national custom. Once more the benevolent despot +succeeded in bringing about a much-needed reform. The 'ass's bridge,' +as he calls it, had been impassable for twenty years. Now that it was +crossed, the exploit met 'the nearly universal assent of French and +English.' Some thirty other ukases, all tending to order and the +common weal, were issued in the last session of this extraordinary +legislative body. One fixed the place of the capital. After much +debate on the rival claims of Quebec, Montreal, Toronto, Bytown, and +{57} Kingston, it was decided that the town with the martello towers +guarding the gateway to the Thousand Islands, with its memories of +Frontenac and the War of 1812, should be the capital of the new united +province. And it was so. About the quiet university town, where +Queen's is Grant's monument--_si monumentum requiris, +circumspice_--there lingers still the distinction of the old vice-regal +days. + +Then came the first election for the new Assembly of the united +province, perhaps the most momentous in the history of Canada. Lower +Canada was vehemently opposed to the whole scheme. To elect a Union +member was, in the words of the Quebec Committee, 'stretching forth the +neck to the yoke which is attempted to be placed upon us.' The French +were organized into a solid phalanx of opposition. In the western +province the Tory and Orange opposition was equally violent towards a +measure which was deemed to favour the French. The elections of 1841 +were held with the bad old-fashioned accompaniments of riot and +bloodshed, especially in the centres, Montreal and Toronto. Neither +side was free from the blame of irregular methods. Certainly the +government was not {58} scrupulous in the means it employed to secure +the return of Union candidates. The results were known early in April. +They were as follows: for the government, twenty-four members; French, +twenty; Moderate Reformers, twenty; ultra-Reformers, five; Compact +party, five; doubtful, seven. The curse of petty faction was not +lifted, nor the machinery of two-party government really installed, for +it was quite possible for several of these groups to combine in voting +down government measures without having sufficient cohesion among +themselves to form a ministry and assume control. + +The session opened at Kingston on June 14, 1841. A hospital was turned +into a parliament house, a row of warehouses was appropriated for +government offices, and the fine old stone mansion by the waterside +known as 'Alwington' became the residence of the governor-general. +That last summer of his life was crowded with toil and anxiety, but +crowned with triumph. Acting as his own minister, he had to press +through a chaotic and factious legislature, far-seeing measures of +vital importance to the country; he had to reconcile differences, to +smooth opposition, to continue his campaign of education in {59} +parliamentary procedure. In addition to the immediate problem of +remaking the Canadas into one province, Sydenham was deep in diplomatic +difficulties arising over disputes as to the Maine boundary. This +difficulty was settled in 1842 by the Ashburton Treaty, which finally +delimited the frontier lines. The strain on the governor-general was +severe, and his health, never robust, gave way under it; but the frail +form was upborne by the indomitable spirit of the man, and by the +consciousness that he was winning the long-desired and doubtful +victory. His success was plain to other eyes across the sea. His +chief, Lord John Russell, sent gratifying commendations and obtained +for him the coveted honour of the Grand Cross of the Bath. Feeling +that his mission was accomplished, he sent in his resignation and made +his preparations to return to England. The sound he longed to hear was +the pealing of the guns from the citadel of Quebec in a final salute to +the departing proconsul. He was to obtain release in another way. + +Some idea of Sydenham's difficulties may be formed by a consideration +of the Baldwin incident, as it has been called. Just before the +session opened an effort was made to {60} combine the Moderate +Reformers of Upper Canada and the 'solid' French-Canadian party of +Lower Canada into a compact parliamentary phalanx of forty which would, +of course, take charge of the House. Baldwin was skilfully approached +and played upon until he supported this intrigue. The sequel is best +told in Sydenham's own words. + + +Acting upon some principle of conduct, which I can reconcile neither +with honour nor common sense, he strove to bring about this Union, and +at last having as he thought effected it, coolly proposed to me, on the +day before Parliament was to meet, to break up the Government +altogether, dismiss several of his Colleagues and replace them by men +whom I believe he had not known for twenty-four hours, but who are most +of them thoroughly well known in Lower Canada (without going back to +darker times) as the principal opponents to every measure for the +improvement of that Province which has been passed by me, and as the +most uncompromising enemies to the whole of my administration of +affairs there. + +I had been made aware of this Gentleman's {61} proceedings for two or +three days, and certainly could hardly bring myself to tolerate them, +but in my great anxiety to avoid if possible any disturbance, I had +delayed taking any step. Upon receiving, however, from himself this +extraordinary demand, I at once treated it, joined to his previous +conduct, as a resignation of his office, and informed him that I +accepted it without the least regret. + + +Of Baldwin's personal integrity there was no doubt; but the honest man +had been used as a tool. If the intrigue had succeeded, all Sydenham's +labour must have been lost, the Union would have been wrecked in the +launching, and the country thrown back into chaos. Fortunately the +intrigue failed. Baldwin passed over to the opposition, but he was +unable to lead the Reformers of Upper Canada into killing government +measures such as extension of the main highways, reform of the usury +laws, establishment of a comprehensive municipal system. They followed +the sounder leadership of Hincks and supported Sydenham in his wise +efforts to promote the country's good. + +{62} + +The whole session was a series of crises. Sydenham stood pledged to +the cardinal principle of democratic government, that the majority must +rule. Parliamentary procedure, as they have it in England, was a new +thing in Canada. In Great Britain the government does not always +resign when defeated on a vote, nor does the opposition defeat the +government when it has no power to form an alternative government. The +only consistent opposition was Neilson's band of French Canadians, and +their policy was pure obstruction and their object to separate the two +provinces once more. By combining the factions it was possible +sometimes to defeat a government, but for the government to throw down +the reins of power, with no one on the other side capable of taking +them up, would have been madness. The situation craved wary walking +and most delicate balancing; but Sydenham was equal to it. Later in +the session, when the members had learned their lesson, the +governor-general affirmed his position in a series of resolutions moved +by Harrison, the leader of the government. In these he asserted: +first, his position as representative of the monarch, and, as such, +responsible to Imperial {63} authority alone; secondly, the +administration must possess the confidence of the representatives of +the people; and thirdly, that the administration shall act in +accordance with the well-understood wishes and interests of the people. +In other words, he declared himself for British connection plus +majority rule. + +Critics found the first session of the new parliament of Canada a +'do-nothing-but-talk' session. There was indeed a flow of eloquence in +various kinds during the first few weeks until the different parties +found the proper relations and the serious work of legislation began. +Constructive measures of the first importance became law in due course. +Sydenham's own words sum up his achievement. 'With a most difficult +opening, almost a minority, with passions at boiling heat, and +prejudices such as I never saw, to contend with, I have brought the +Assembly by degrees into perfect order ready to follow wherever I may +lead; have carried all my measures, avoided or beaten off all disputed +topics, and have got a ministry with an avowed and recognized majority, +capable of doing what they think right, and not to be upset by my +successor. I have now accomplished all that I set much {64} value on; +for whether the rest be done now, or some sessions hence, matters +little. The five great works I aimed at have been got through: the +establishment of a board of works with ample powers; the admission of +aliens; the regulation of the public lands ceded by the Crown under the +Union Act; and lastly this District Council Bill.' The financial +difficulties of the province had been met by guaranteed Imperial loan, +and progress had been made in remedying the evils of pauper +immigration. Not often does a constructive statesman live to see his +labours so richly rewarded by success. + +Then the end came. A stumble of Sydenham's horse as he mounted a rise +near 'Alwington' threw him to the ground and broke his right leg. His +constitution, never strong, had been weakened by disease, unsparing +work, and ceaseless anxieties. The bones would not set, the laceration +would not heal, and at last lockjaw set in. It was impossible for him +to recover. One does not expect the heroic from a fragile man of the +world, but Sydenham's last thoughts were for the state he had served so +well. In the agonies of tetanus he composed the speech with which he +had hoped to bring the session {65} to a close. The last words were +the dying governor's prayer for Canada. 'May Almighty God bless your +labours, and pour down upon this province all those blessings which in +my heart I am desirous it should enjoy.' + +His accident occurred on the fourth of September: he was not released +from his sufferings until the nineteenth. A stately funeral testified +to the universal regret. St George's Cathedral at Kingston, where his +bones lie, should be among the high places of the land, a shrine doubly +sacred, as the tomb of one who had no small part in making Canada. + + + + +{66} + +CHAPTER III + +REFORM IN THE SADDLE + +On Parliament Hill at Ottawa is a monument of bronze and marble. It +represents two men standing in close converse; and, in spite of the +dull and untempering effect of modern coats and trousers, the monument +is an artistic success worthy of the noble eminence on which it stands +above the broad-bosomed river and looking towards the distant hills. +It is designed to keep in memory LaFontaine, the man of French blood, +and Baldwin, the man of English blood, who worked together as leaders +in the first parliament of reunited Canada. That they so worked +together for the good of their common country deserves commemoration in +enduring brass; for, happily, ever since their time English and French +have been found working side by side and vying in fraternal efforts +towards the same glorious end. + +LaFontaine and Baldwin are typical Canadian {67} politicians of the new +order. They carried on a government under modern conditions. +Sydenham's work had been done once for all. In spite of ignorance, and +errors, and worse, the parliamentarians had really learned the lessons +of procedure which he had so deftly taught, and they now settled down +to the regular game of Ins and Outs, according to established and +accepted rules. The irreconcilables were gradually tamed as wild +animals are--by hunger first, and then by being fed with sufficient +quantities of the loaves and fishes. Power, office, good permanent +positions, fat salaries, proved strong sedatives of yeasty aspirations +towards vague political ideals. There were still to be grave +difficulties, crises, reactions towards the old order of things; but +the cardinal principle of popular government was finally accepted, and, +ever since 1841, has been in continuous operation, as part and parcel +of the constitution. + +If Canadian politicians had, in the words of the Shorter Catechism, +been left to the freedom of their own will, it is difficult to see how +they could ever have brought about either the union of the jarring +provinces, or established the principles of popular government. It is +not apparent how half a dozen {68} irreconcilable little factions could +have combined to thwart the sullen determination of John Neilson's +French-Canadian party to wreck the Union. There was a crying need for +intervention by a true statesman from without, who, with his eyes +unblinded by local prejudices and passions, could take his stand above +all parties, and, in benevolent despotism, lead them into concerted +action for their own good and the good of the country. Equally clamant +was the need of information and instruction. Sometimes Canadians are +inclined to write the tale of the building of the nation as if that +splendid fabric were all the work of their own hands, as if 'our own +arm had brought salvation unto us.' This is manifest fallacy. Without +a Durham to diagnose the malady and a Sydenham to apply the remedy, the +condition of the body politic must have been past cure. At least, no +other physicians could avail. Now, it was a matter of treatment and +careful nursing, and being instructed, we were capable of following the +doctor's orders. + +The Reform leaders were very unlike each other in character and +antecedents. Robert Baldwin was the son of William Warren Baldwin, +whose father (also a Robert Baldwin) {69} belonged to the humbler class +of landed gentry in Ireland. Tempted, like so many others of his +class, by the bait of cheap land, he came to Canada to 'farm.' His son +William studied medicine at Edinburgh, became a doctor, and, with Irish +powers of adaptation, soon exchanged physic for the more profitable +pursuit of law. Robert the grandson was born in York (now Toronto) in +1804. He became one of 'Johnny' Strachan's pupils at the Grammar +School, achieving in time the distinction of being 'head boy'; after +which he studied law in the old, leisurely, articled-clerk system, and +finally became his father's partner. An opportune legacy enabled his +father to buy a large property outside 'muddy York,' on which, in +accordance with hereditary landholding instinct, he endeavoured to +establish his family, after the old-world fashion. A broad +thoroughfare in Toronto preserves the name of Baldwin's ambition, +'Spadina.' + +Like his father, Robert Baldwin was a Moderate Reformer. He entered +public life (1829) in his native town as draftsman of a petition to +George IV in what was known as the Willis affair. In the same year he +was elected to the Assembly as member for York. {70} Unseated on a +technicality, he was at once re-elected, and took his seat in the House +the following year. In the new elections, however, following the +demise of George IV in 1830, when the House was dissolved, Baldwin was +defeated. He had recently entered into partnership with his wife's +brother, who was also his own cousin, Robert Baldwin Sullivan, a +handsome Irishman with more than a touch of Irish brilliancy. Sullivan +played no small part in the politics of the time. He is the author of +the wittiest pamphlet ever evoked by Canadian party struggles. + +Another young Irishman with whom Baldwin became closely associated was +Francis Hincks, who also left his mark on the history of Canada. The +son of a Presbyterian minister, he had received a good general +education, and a sound and extensive business training in Belfast. +Coming to Toronto by way of the West Indies, he became interested in +various local business concerns and speedily proved his outstanding +capacity for all matters of commerce and finance. Besides being the +manager of a bank and the secretary of an insurance company, Hincks +carried on at his house in Yonge Street, next door to Robert Baldwin's +(number 21), a {71} general warehousing business; and, as if these +enterprises did not afford sufficient scope for his energy, he launched +a weekly newspaper, the _Examiner_, in the interests of Reform. The +successful man of business soon became the expert in finance, to whom +all eyes turned in difficulty. In 1833 he was appointed one of the +inspectors of the Welland Canal accounts in a parliamentary +investigation, so swiftly had he come to the front. Though much unlike +in temperament, he and Baldwin were agreed in their views of political +reform, siding with the Moderates as against the Mackenzie faction of +extremists. When in 1836 the Constitutional Reform Society of Upper +Canada was organized, with William Warren Baldwin as president, Hincks +became the secretary. The main objects of this society were to secure +'responsible advisers to the governor,' and the abolition of the +forty-four rectories established by Sir John Colborne in accordance +with the well-known provisions of the Constitutional Act. The success +of any organization often depends on one man, the secretary, and in +this capacity Hincks evinced his wonted ability and extraordinary +energy. + +These two men, Robert Baldwin, with his {72} high principle and solid +character, and Francis Hincks, with his talent for affairs, are figures +of prime importance in this critical stage of the experiment called +responsible government. + +But the new province of Canada, as a union of French and English +populations, demanded, as a natural consequence, a union in leadership. +The French-Canadian politician, who in his own province represented +Moderate Reform, was Louis Hippolyte LaFontaine. His grandfather had +been a member of the old Assembly of Lower Canada; his father was a +farmer at Boucherville in Chambly, where Louis Hippolyte was born in +1804. Educated at the college of Montreal, he afterwards studied law +and began to practise in that city. In 1830 he was elected member for +Terrebonne, and soon showed himself in the House to be a thoroughgoing +follower of Papineau and an agitator for radical change. But when +reform passed over into rebellion and an appeal to armed force, he +tried to dissuade his compatriots from their mad enterprise, and also +approached the governor, Lord Gosford, with a proposal to assemble +parliament, in order to prevent further violence. He then went to +England, from {73} motives which do not seem clear. Fearing arrest in +that country for his share in the agitation before the rebellion, he +fled to France. He did not, in fact, return to Canada until May 1838, +when he was caught in the widespread net of arrests and spent several +painful and indignant months in the Montreal jail, demanding release, +but in vain. Incarceration for a political offence is a rare event in +the career of a chief justice and an English baronet, as this prisoner +was to be later. Arrested on suspicion, he was released without trial. +On the tragic collapse of the extremists LaFontaine became the hope of +the moderate men among the French-Canadian politicians. Like the most +of his compatriots, he was strongly opposed to the union of the +Canadas, as threatening the extinction of his nationality; but seeing +no possible alternative to union, he made it his fixed policy to win, +by constitutional methods, whatever could be won for his people. In +appearance he was strikingly like the first Napoleon, the resemblance +being noticed by the old soldiers when he visited the Hôtel des +Invalides at Paris. A contemporary cartoon, representing him flinging +money to the habitants, shows the likeness, even to the {74} lock of +hair on the forehead, more plainly than his portrait. His few years of +leadership in parliament, though of great importance to the country, +formed only an episode in a larger legal career. + +In the elections of 1841 LaFontaine was defeated; it is said, by +illegal methods. Baldwin was returned for two constituencies, York and +Hastings, and Hincks for Oxford, on the strength of his articles in the +_Examiner_. Bitterly disappointed as LaFontaine was at his defeat and +the means by which it was accomplished, he could see no hope of redress +except by constitutional means. For the present he could do no more +than protest angrily at the injustice. He was, however, not long +excluded from the House. Through the good offices of Baldwin he was +elected for the fourth riding of York, an act of courtesy and common +sense which was not to lose its reward. + +Such was the posture of affairs when Sydenham died. + +[Illustration: Sir Charles Bagot. From an engraving in the Dominion +Archives.] + +The next governor-general of Canada was Sir Charles Bagot, the Tory +nominee of the now Tory government of Great Britain. Bagot's familiar +portrait in the full insignia of the Order of the Bath shows us the +{75} handsome, thoroughbred face of a typical English gentleman. +Although Queen Victoria doubted his ability for the post, her distrust +was unfounded. Bagot was a man of broad experience and calm wisdom. +He possessed poise and real kindness of heart, as well as real +courtesy; but he seems also to have been too sensitive to criticism and +to opposition. He reached Kingston, the seat of his government, in +January 1842. Visits to the various centres of Canada, according to +the practice of his predecessors, soon gave him an understanding of +popular opinion and feeling; and, although he was expected by the +extreme Conservatives to bring back the old, halcyon, _ante bellum_ +days, he was most careful to follow the lines of Sydenham's policy. +Towards the French he was amiable and conciliatory and made several +appointments of French Canadians to positions of trust and emolument. +Ever ready to meet courtesy half-way, the French gave their new +governor their entire confidence. + +During the eight months before parliament should reassemble Bagot +wisely set about learning for himself the actual conditions of his new +government. Like Sydenham, he was to act as his own prime minister, +and {76} his initial difficulty was in forming a suitable Cabinet to +act with him. He offered Hincks the post of inspector-general, +corresponding in effect to minister of Finance, and Hincks accepted it. +He offered the post of solicitor-general to Richard Cartwright +(grandfather of the Sir Richard Cartwright of a later day), who refused +it because Hincks was in the Cabinet. The position was finally filled +by Henry Sherwood, who was, like Cartwright, a Conservative. To +LaFontaine the governor offered the attorney-generalship in the most +courteous terms, but, for a number of reasons, LaFontaine declined to +accept it. Bagot's plan was to form a coalition government, which +should embrace all interests; but the Reformers refused to take their +place in a Cabinet which contained men of the opposite party. So +William Henry Draper, who had acted under Sydenham, continued as leader +of a composite Cabinet under Bagot. + +The House met at Kingston on September 8, 1842. In the game of Ins and +Outs the debate on the Address is recognized as a trial of strength, as +a method of ascertaining which party is in a majority. It was found +that the Draper government did not command the confidence of the House; +and, after a spirited {77} fight, Draper resigned and made way for a +new ministry, led by LaFontaine and Baldwin. The principle involved, +which seems now the merest common sense, was then scouted as government +'by dint of miserable majorities.' Sullivan was the senior member in +the new ministry, though it is known by the names of its leaders. It +included Hincks and five other members of the previous Cabinet. + +In accordance with another rule of the political game the new ministers +had to seek re-election. LaFontaine was peaceably returned for his +'pocket borough,' the fourth riding of York, but the candidacy of +Baldwin for Hastings had another issue. In those good old days of open +voting an election was no such tame affair as walking into a booth and +marking a cross on a piece of paper opposite a name. An election +lasted for days or even weeks. There was only one polling-place for +the district, and an election was rarely held without an election row. +It seems impossible that it is of Canada one reads: 'A number of +shanty-men having no votes were hired by Mr Baldwin's party to create a +disturbance. They did so and ill-treated Mr Murney's supporters. The +latter, however, {78} rallied and drove their dastardly assailants from +the field. Two companies of the 23rd Regiment were sent from Kingston +to keep the peace, and polling was most unjustly discontinued for one +day.' Free fights between bands of rival voters armed with clubs, +swords, and firearms, injuries from which men were not expected to +recover, order restored by the intervention of the military--these were +no unusual incidents in an old-time Canadian election. The contest in +Hastings was of this description, and Baldwin was defeated. He stood +for election in the second riding of York, and he was again defeated. +Finally LaFontaine did for him what he had done for LaFontaine. The +French member for Rimouski resigned his seat, and Baldwin was returned +for it in January 1843. The French leader and the English leader had +thus given unmistakable proofs of their sincere desire to be friends +and to work together for the common weal. French and English were +found at last working in harmony, side by side. They had formed the +first colonial ministry on the approved constitutional model. + +The new idea was fiercely assailed. To the British colonial partisan +of that day it {79} seemed the height of absurdity to entrust the +government of the country to men who had done their best to wreck that +government but a few years before. The Tories would have been more +than human if they were not exasperated to see actual rebels like +Girouard, who fought with rebels at St Eustache, offered a position in +the Cabinet. They could not, as yet, accept the hard saying of +Macaulay: 'There is only one cure for the evils which newly-acquired +freedom produces, and that cure is freedom.' How would they have +regarded Britain's three years' war with the Dutch republics of South +Africa and the entrusting of them immediately afterwards to the Boers +and General Louis Botha? For accepting the principle of popular +government, that the majority must rule, Bagot was assailed with an +inhuman vehemence, which astounds the reader of the present day by its +venom and its indecency. Because the governor was a just man and +loyally followed constitutional usage, he was abused as a fool and a +traitor not only in the colony but in England. It is small wonder that +his health began to give way under the strain. + +That historical first session of 1842 was {80} very short; it lasted +only a month. Nor could it be said to have accomplished very much in +the way of actual legislation. The criticism of the opposition press +was not ill-founded--that there was much cry and little wool. That the +criticism was made at all shows how much was expected from the +establishment of a principle. Mankind has a pathetic faith in the +efficacy of political machinery, remade or remodelled, to grind out +happiness and bring in the Age of Gold. None the less, a great +political principle had been affirmed, and had been seen in triumphant +action. The new constitution was at last set on its legs, and, at +last, it really did begin to 'march.' + +Shortly after the session closed Bagot's administration came to an end. +The governor was no longer young, and the factious opposition in the +colony and the want of support in England wrought upon his health and +spirits. The oncoming of the bitter Canadian winter tried severely the +shaken man. On medical advice he resigned his post, but when his +resignation was accepted he was too ill to travel. He too died at +'Alwington,' Kingston, on May 30, 1843; but the voice of rancorous +detraction was not hushed around {81} his death-bed. 'Imbecile' and +'slave' were among the milder terms of abuse. Bagot was the second +governor in swift succession to render up his life in the discharge of +his duty. And he was not the last. It was as if some blight or curse +rested on the office which made it fatal to the holder. The Canadian +treatment of Bagot, a high-minded gentleman who honestly performed a +thankless task, should make every Canadian hang his head. + +Bagot's successor was Sir Charles Metcalfe. He arrived at Kingston +from the American side on March 29, 1843, in a close-bodied sleigh +drawn by four greys. His experience must have been novel since he +landed at Boston and posted overland to reach the capital of the +colony. The whole country was still deep in snow and must have +presented the strangest aspect to a man who had spent his life in the +tropics. He was received at the foot of Arthur Street by an +enthusiastic concourse of citizens, with appropriate ceremony and show. +'A thorough-looking Englishman with a jolly visage,' as he was +characterized by an eye-witness, he made a favourable first impression +upon the people of his government. + +{82} + +Metcalfe had received his training as a 'writer' in the old East India +Company and must have been a contemporary of Thackeray's Joseph Sedley. +He was born in India, at Lecture House, Calcutta, on January 30, 1785. +Eleven years later he entered Eton, where he at once evinced remarkable +powers of application and a marked distaste for athletic sports, two +traits which would mark him off as an oddity from the herd of English +schoolboys. At the age of sixteen he was back in the land of his +birth. His was a distinguished career. By 1827 he had risen to +membership in the Supreme Council of India. Later he acted as +provisional governor-general, and obtained the Grand Cross of the Bath. +In 1838 he resigned his position and became governor of Jamaica. +Perhaps the most significant incident in his career was his fighting as +a volunteer in the storming of Deeg, on Christmas Day 1804. The +courage which sends a civilian into a desperate hand-to-hand fight, to +which he is not obliged to go, must be above proof. Metcalfe had no +pecuniary interest in his position. He was a wealthy man, who spent +far more than his official salary in the various ways a +governor-general {83} is expected to bestow largesse. His 'jolly +visage' bore the marks of a cruel and incurable disease. He is still +remembered in India as the author of the bill which established the +freedom of the press. The historian Macaulay calls him 'the ablest +civil servant I ever knew in India.' Durham, Sydenham, Bagot, +Metcalfe--Britain had few more distinguished or more able servants of +the state; and they devoted all their powers, without a thought of the +cost to themselves, to solving a vital problem in the maintenance of +the Empire. Their more obvious rewards were obloquy and death. + +[Illustration: Sir Charles Metcalfe. After a painting by Bradish] + +The misfortune of Metcalfe was that his entire political training had +been gained in governing subject races, Hindus in India and negroes in +Jamaica, races 'so accustomed to be trampled on by the strong that they +always consider humanity as a sign of weakness.' Now old, and fixed in +his mental set, autocratic as an Indian civil servant must be, he came +to deal with a rude, unlicked, white democracy, impatient of control as +Durham discovered, and acutely jealous of its rights. In theory +Metcalfe should have been most sympathetic, for in English politics he +was an advanced Whig, strongly in favour of such {84} popular measures +as abolition of the Corn Laws, vote by ballot, the extension of the +franchise. Besides, he was honestly desirous of playing the +peacemaker. None the less, his administration was marked by a reaction +towards the old Tory state of affairs, and produced a ministerial +crisis which threatened to bring back the reign of Chaos and old Night. + +The primal difficulty lay in the governor's mental attitude. He saw +with perfect clearness what had already been done. Durham had +enunciated a theory, which Sydenham had put into effect by being his +own minister, and Bagot had followed resolutely in Sydenham's +footsteps. The group of colonial officials known as the Executive +Council had in the meantime tasted power. They now ventured to speak +of themselves as 'ministers,' as a 'cabinet,' as the 'government,' as +the 'administration'; and these terms, with their corollaries and +implications, had met with general acceptance. But Metcalfe considered +them inadmissible, as limiting too much the power of the governor, and, +as a consequence, the authority he represented. He was determined not +to be a mere figurehead on the ship of state; he would {85} be captain, +in undisputed command. Theoretically, if he were to be guided solely +by the advice of the local ministry, he would be 'responsible' to them +instead of to his sovereign; his office would be a nullity, and the +difference between a colony and an independent state would have +disappeared. Theoretically Metcalfe and the Tory pamphleteers who +supported him were right in their contentions. Complete freedom to +manage its own affairs should, if logic were strictly followed, +separate the colony from the mother country; but the British genius for +compromise has met the difficulty in a thoroughly British way by +avoiding any precise and rigid definition of the relations existing +between the mother country and the daughter state. That 'mere +sentiment' should hold the two more firmly together than the most +deftly worded treaty or legal enactment is proved to the world in these +later days by the sacrifices of Canada to the common cause during the +Great War. But there was little reason for holding this belief in the +forties of the nineteenth century. Conflict between a masterful +governor like Metcalfe, accustomed to the old order, and political +leaders like Baldwin and LaFontaine, trying to {86} bring in a new +order, was inevitable; their modes of thought were diametrically +opposed; the only question was when the clash should come. + +The third session of the first parliament of Canada opened towards the +end of September 1843. In an Assembly of eighty-four members the party +of Reform numbered sixty, an overwhelming majority; for the +_rapprochement_ between the sympathetic parties of the two provinces +was now complete. The leader of the opposition was Sir Allan MacNab of +_Caroline_ fame, a typical soldier-politician, narrow but honest in his +views, and, like his countryman Alan Breck, a 'bonny fighter.' It was +a momentous session. Reform was firmly in the saddle at last. No +opposition could hope to defeat whatever measure the government might +choose to bring forward. Nor could the government be reproached, as +before, with merely talking and doing nothing. Much legislation of the +first importance stands to its credit. One of the measures passed at +this session provided that the seat of government should be removed +from Kingston to the commercial metropolis, Montreal. For how short a +time Montreal should have this honour, none could imagine {87} or +foresee. By another wise measure placemen were removed from the +Assembly; that is to say, permanent officials, such as judges and +registrars, could not hold their positions and be members of +parliament. For this important change LaFontaine was responsible, as +well as for another bill which simplified the judicial system of Lower +Canada. An attempt was made to bridle the turbulence of Irish +factions, which had brought to Canada the long-standing, cankered +quarrels of the Old World. A bill was passed to suppress all secret +societies except the Freemasons. It was, of course, aimed straight at +the Orange Society, that vigorous politico-religious organization which +preserves the memory of a Dutch prince and of a battle he fought in the +seventeenth century. To this bill Metcalfe did not assent, but +'reserved' it, as was his undoubted right, for the royal sanction. In +the end that sanction was not given, and the Act did not become law. +The 'reserving' of this bill seems to have occasioned little comment; +but, as will be seen in a subsequent chapter, the refusal of another +governor to 'reserve' another bill caused a storm. Hincks, the man of +finance, gave the country 'protection' against the {88} competition of +the American farmer, a political device which was destined to much +wider use. The all-important matter of education received the +attention of the Assembly. What had been done before was, most +significantly, to make provision for higher education by establishing +'grammar schools' in the different districts, as foundations for the +superstructure of a university. It might have been called a provision +for aristocratic education. Now a measure became law for the better +support of the common schools. This was provision for democratic +education, a necessary corollary to popular government, for if Demos is +to rule, Demos cannot be left in ignorance; the peril of an ignorant +ruler is too frightful. + +Then came the difficult problem of the provincial university. It is +interesting to note how the educational history of one Canadian +province is repeated in another. In Nova Scotia, King's College was +founded by the exiled Loyalists from the United States towards the end +of the eighteenth century. It was the child of the Church of England. +The first bishop of Nova Scotia secured for it the support of the +provincial Assembly. Naturally, it was modelled on the {89} great +English university of Oxford, and, like the Oxford of that day, was +designed solely for the education of those within the pale of the +national church. But this provincial university, which has the honour +of being the oldest in the British dominions overseas, was supported by +public funds partly contributed by 'dissenters,' whose creed excluded +them from it. Only at the price of their religious principles could +the 'dissenters' of Nova Scotia obtain the boon of higher education. +Therefore they set to work to found an independent 'academy' of their +own. In Upper Canada events marched down the same road. There, +another privileged 'King's College,' exclusively Anglican, was founded +early in the nineteenth century, and richly endowed with public lands. +The excluded 'dissenters' set about founding colleges of their own; and +thus Queen's College and Victoria College took their rise. Robert +Baldwin had the vision of a comprehensive state university, on a broad +non-denominational basis, in which all these colleges should be +component parts. He brought in a bill to found the University of +Toronto, a measure on which time has set its approving seal. The many +stately buildings which adorn {90} Queen's Park, the long distinguished +roll of graduates, the noble group of affiliated colleges, Knox, St +Michael's, Trinity, Wycliffe, Victoria, attest the wisdom of Baldwin's +far-seeing measure. Bishop Strachan, the doughty Aberdonian champion +of Anglican rights and privileges, led a crusade against this 'godless +institution' and raised the cry of spoliation. The echoes of that +wordy warfare have even now hardly died away. Having failed to prevent +the founding of Toronto, the indefatigable bishop founded a new +Anglican university, Trinity, which in the fullness of time was merged +in the great provincial university. But this is to anticipate. +Baldwin's bill had reached its second reading, when the ministry blew +up. + +In the end of November the inevitable clash occurred. Metcalfe was no +believer in responsible government as understood by the Reformers; and +he was determined to uphold the prerogative of the Crown. For one +thing, he was not going to surrender the right of appointment. He had +made several appointments without consulting his ministers. When, on +his own authority, he appointed a clerk of the peace, they determined +to make it a test case. They considered that, by {91} ignoring them, +he had violated an important constitutional principle; and when they +were unable to convince him cf this in a personal conference, they +resigned in a body (with a single exception) on November 26, 1843. +This produced what is known as the Metcalfe Crisis. In a formal +statement before the House the Reformers took the ground that they +could not be 'responsible' for appointments made without their +knowledge. The governor was to act on their advice; but he had acted +without giving them a chance to advise him. Metcalfe, on the other +hand, maintained that the Reformers wanted him to surrender the +patronage of the Crown 'for the purchase of parliamentary support.' He +opposed patronage for party purposes. Let the long history of +political appointments since that day, of patronage committees, attest +that the governor was partly in the right. The formal statements of +both sides in the dispute were at once made public and produced a +popular furore, second in intensity only to that which had led up to +and attended the rebellion. Sydenham's confidence that his work could +not be undone by any successor seemed for a time ill-founded. + +The resignation of the ministry was only {92} the opening gun in a +political campaign, the object of which was to drive the governor from +office. On laying the reasons for their action before the House the +ministry received an enthusiastic vote of confidence; but their +resignation took effect, and on the ninth of December the Assembly was +prorogued. Both parties then set the battle in array against the +coming election. An agitation of almost unparalleled violence began. +Public meetings, banquets, speeches, pamphlets, newspapers, all +contributed not so much to agitate as to convulse the country. For all +his easy manner Metcalfe was an indomitable fighter, and into this, his +last fight, he threw himself with an amazing energy. And he did not +have to fight alone. There was no little dislike for the +LaFontaine-Baldwin Cabinet and no slight exultation when it was +supposed to be 'dismissed' by a loyal and manly governor. There is no +doubt that in this struggle Metcalfe overstepped the metes and bounds +within which a colonial governor could rightly act. He abandoned any +attitude of official impartiality. He espoused the cause of one party, +and used his great influence to aid that party to power. In the +meantime he had no executive, or an executive of one; and all {93} +through the summer of 1844 he was tireless in his efforts to persuade +men of standing to accept office under Draper. The crux of the +situation was to obtain French-Canadian support for an English Tory +governor. One prominent Frenchman after another was 'approached,' but +without success. Finally Metcalfe managed to scrape together a +ministry which included such noted French Canadians as 'Beau' Viger and +D. B. Papineau, a brother of the leader of '37. Then, having dissolved +the Assembly, the governor issued writs for a new election. That +election in the autumn of 1844 was attended with great riot and +disorder. Both sides resorted to violence. When the House assembled, +it was found that Metcalfe and the Tories had triumphed. The Reformers +were in the minority. While Lower Canada had returned LaFontaine with +a strong following, the western province had sent a phalanx to support +the governor. Among the other curiosities of this remarkable election +was the defeat of Viger by Wolfred Nelson, lately in arms against Her +Majesty's government. In this contest a young lawyer of Scottish +descent carried Kingston for the Tories. He was destined to go far. +His name was John Alexander Macdonald. + +{94} + +Metcalfe had triumphed, but he held power by a very narrow majority; +the parties stood forty-six to thirty-eight. In the usual trial of +strength--the election of a Speaker--Sir Allan MacNab was chosen by a +majority of only three votes. And yet Draper, that expert balancer on +the tight rope, managed to carry on a government under these conditions +for three full years. Perceiving that he must secure the support of +the French if his party was to survive at all, he adroitly brought in +favourite Reform measures as if they were his own, thus cutting the +ground from under his opponents' feet. For example, English had been +made the sole official language of the legislature. Now, the astute +party leader managed to get this obnoxious clause in the Act of Union +repealed. He even went further and endeavoured to win over the +French-Canadian party wholesale by offering desirable positions; but in +this intrigue he failed. + +In the meantime the Act appointing a new capital had come into effect. +Kingston gave place to Montreal, for a season. The huge Ste Anne's +market building in the west of the city was turned into a parliament +house, destined to the fate of Troy. Here was held {95} the session of +1844-45. Such legislation as was passed had no direct bearing on the +question of responsible government. Before the session ended news came +that the home government intended to raise the governor to the peerage +as Baron Metcalfe of Fern Hill. His brief two years in Canada formed +only an episode in the long career of a distinguished public servant. +He had made his name and spent his life in India. The contemplated +honour was well deserved; and it was designed by the home government as +recognition of his services to the state as a whole, rather than as +special approval of his administration of Canada. But so the Reformers +construed Metcalfe's elevation; and they were furious. Even the +moderate Baldwin was betrayed into unwonted vehemence. What would have +happened, if Metcalfe had remained in office, none can tell. Perhaps a +second civil war. But 'death cut the inextricable knot.' His deadly +disease returned after a delusive interval, as is its hideous custom. +His health failed; the cancer ate into his eye and destroyed the sight. +It was apparent that he could no longer perform the duties of his +office. He asked to be recalled; but the authorities at {96} home, +knowing of his malady, had anticipated his desire. The courage that +sent the boy 'writer' into the deadly assault on Deeg sustained the old +proconsul through the slow torture of the months of life remaining to +him. He quitted Canada in November 1845, a dying man, and, to the +shame of Canada, amid the untimely exultation of his political +opponents. In less than a year he was dead. Macaulay composed his +epitaph. Metcalfe was a man of mark; and he had his share in building +up the British Empire. His name distinguishes a street in Ottawa and a +hall in Calcutta; and his statue stands in the former capital of +Jamaica. + + + + +{97} + +CHAPTER IV + +THE GREAT ADMINISTRATION + +On Metcalfe's departure from Canada the administration passed into the +hands of Lord Cathcart, commander-in-chief of the forces. He was one +of the many fine soldiers who have had their part in the upbuilding of +Canada and whose services have received the very slightest recognition. +Of an ancient Scottish family, he had fought in the great Napoleonic +wars from Maida to Waterloo, where he had greatly distinguished +himself. After the peace he had turned his attention to the study of +natural science, and he had made some important contributions to +mineralogy. Cathcart held office from November 26, 1845, until January +30, 1847, some fourteen months. He wisely left Canadian politics to +Canadian politicians, and merely watched the machinery revolve. At +first he was merely administrator, but, on danger threatening from the +unsettled dispute over {98} the Oregon boundary, he was raised to the +rank of governor-general. + +[Illustration: Charles, Earl Grey. From the painting by Sir Thomas +Lawrence] + +His successor was also a Scot, James Bruce, Earl of Elgin and +Kincardine, directly descended from the patriot king Robert the Bruce. +His father was the British ambassador who salvaged the 'Elgin marbles' +from the Parthenon and sold them to the nation, thus drawing down upon +himself the angry satire of Byron in 'The Curse of Minerva' and 'Childe +Harold's Pilgrimage.' The new governor-general was young, poor, and +able. Far more than his predecessors, he had enjoyed the advantages of +a regular education. At Eton he had Gladstone for a school-mate, and +at Oxford he was in the same college with Dalhousie, the future +governor-general of India. He was also distinguished in two ways: he +was a sincere Christian of the devout evangelical type, and he had a +gift of speech that would have been remarkable in any man, but was +remarkable most of all in a high official of a rather tongue-tied race. +His native gift of eloquence was carefully cultivated and proved to be +of great value in many points in his public career. His family ties +are interesting. His first wife, a Miss Bruce, met a tragic fate. The +vessel in which {99} she accompanied her husband to the West Indies was +wrecked on the voyage out; she never recovered from the shock and +exposure, and died not long after. His second wife was a daughter of +Lord Durham and a niece of Earl Grey, who was, in 1845, colonial +secretary, and to whose influence Elgin owed his appointment as +governor-general. He was thoroughly well qualified for the post. At +the same time it was a way of providing for a relative who was not +rich. Like Metcalfe, Lord Elgin came to Canada by way of Jamaica, +which he had administered in the dark days that followed the +emancipation of the slaves. His broad training, his Liberal politics, +his family affiliations all predisposed him to accept the rôle which +Metcalfe had definitely refused, the rôle, namely, of a constitutional +governor-general, guided solely by the advice of a ministry +representing the majority in parliament. In other words, Elgin had his +mind made up to conform entirely to the principle of responsible +government as understood in the colony. He was not long in the country +before he made his intentions public; and to his fixed policy he +adhered through good report and through evil report, at no small cost +to himself, for {100} never were a Canadian governor-general's +principles put to a more severe test. + +Elgin reached Montreal in the end of January 1847, and was heartily +welcomed by both political parties. He, on his part, was ready to +admire the 'perfectly independent inhabitants' of this 'glorious +country,' whose demeanour was certainly not that of the recently +liberated slaves in his former satrapy. The 'independent inhabitants' +voted him 'democratic' for walking out to 'Monklands' in a blizzard, +when hardly any one else was stirring abroad. He was made welcome for +another reason. The experiment of popular government was not working +particularly well. The constitution did really 'march,' but with +ominous creakings and groanings, which seemed to threaten a complete +break-down. This must be the case with every government which tried to +perform its functions with but a small majority at its back. The +unanimous welcome accorded to the governor-general by both sides of +politics implied a belief that somehow or other he could find a way out +of the present difficulties and induce the governmental machine to work +smoothly. It was a faith in the efficacy of the god from the machine. +{101} The Draper government was growing weaker and weaker, being +continually defeated in the House, and consequently discredited before +the country. Its difficulties were increased by events outside of +Canada over which the government could have no control. The hideous +Irish famine of 1846-47 had its reaction upon Canada, for thousands of +starving emigrants tried to escape to the new land, and, after enduring +the long-drawn horrors of the middle passage, reached Canada only to +die like plague-stricken sheep of fever and sheer misery. The monument +at Grosse Isle does not tell half the shame and suffering of that +tragic time. And the Draper government showed no ability to cope with +the problem. At length, in December 1847, Lord Elgin dissolved the +House and a new election took place. It resulted in a complete victory +at the polls for the party of Reform. The leaders, Baldwin, +LaFontaine, and Hincks, were all returned. Only a handful of the other +party came back; but among them were Sir Allan MacNab and the young +Kingston lawyer, John A. Macdonald. + +The new House met on February 25, 1848. In the trial of strength over +the Speakership the Reformers won. Sir Allan MacNab was {102} again +the nominee of the Tories; Baldwin nominated his friend, Morin, who had +command of both French and English, a necessary qualification for the +presiding officer of a bilingual parliament. And Morin was chosen +Speaker by a large majority. In accordance with the rules the remnant +of the Draper ministry resigned, and LaFontaine and Baldwin formed a +new Cabinet. This is known in Canadian history as the 'Great +Administration,' which lasted until the retirement in 1851 of both the +noted leaders from public life. The distinction is well deserved, not +only on account of the high character of the leaders, and the value of +the political principles affirmed and put in practice, but also on +account of the permanent value of the legislative programme which it +carried to successful completion. The ensuing session was very short; +for time was needed to prepare the various important measures which the +Reformers intended to bring forward. The troubled year of European +revolution, 1848, was rather colourless in the annals of Canada; not so +the year which followed. + +The eventful session of 1849 opened on the eighteenth of January, in a +parliament building improvised out of St Anne's market near {103} what +is now Place d'Youville, Montreal. The Speech from the Throne +announces a programme of the more important measures to be brought +before parliament. In this case the Speech was a promise to deal with +such vital matters as electoral reform, the University of Toronto, the +improvement of the judicial system, and the completion of the St +Lawrence canals. It also contained two announcements most gratifying +to the French: first, that amnesty was to be offered to all political +offenders implicated in the troubles of '37-'38; and second, that the +clause in the Act of Union which made English the sole official +language had been repealed. The governor-general displayed his tact +and his goodwill by reading the Speech in French as well as in English, +a custom which has continued ever since. + +A striking incident in the opening debate on the Address was the +passage at arms between LaFontaine and Papineau, between the new and +the old leader of French-Canadian political opinion. In '37 Papineau +had roused his countrymen to armed resistance of the government; but he +had wisely refrained from placing himself at the head of the +insurgents. Together with his secretary, {104} O'Callaghan, he had +witnessed the fight at St Denis from the other side of the river, but +took no part in it. He had afterwards reached the American border in +safety. From the United States he had passed over to France, where he +had consorted with some of the advanced thinkers of the capital. In +1843 LaFontaine, by his personal exertions with Metcalfe, was able to +gain for his exiled chief the privilege of returning without penalty to +his native land. Papineau, however, did not avail himself of the +privilege until four years later; he found life in Paris quite to his +taste. A curious result of his return, a pardoned rebel, was his +claiming and receiving from the provincial treasury the nine years' +arrearage of salary due to him as Speaker in the old Assembly of Lower +Canada. In the elections of 1847 he stood for St Maurice, and he was +elected. In the new parliament he took the rôle of irreconcilable; his +whole policy was obstruction. What he could not realize was, that +during his ten years of absence the whole country had moved away from +the position it had occupied before the outbreak of the rebellion; and, +in moving away, it had left him hopelessly behind. His only programme +was {105} uncompromising opposition to the government which had +forgiven him, and the vague dream of founding an independent French +republic on the banks of the St Lawrence. In the brief session of 1848 +he attempted, but without success, to block the wheels of government. +Now, in the second session, the fateful session of 1849, he delivered +one of his old-time reckless philippics denouncing the tyrannical +British power, the Act of Union--the very measure he was supposed to +have battled for--responsible government, and, above all, those of his +own race who supported the new order. LaFontaine took up the gauntlet. +His retort was as obvious as it was crushing. If the French Canadians +had refused to come in under the Act of Union, they would have been +depriving themselves of any share whatever in the government of their +country. If they had refused to come in, Papineau would not have been +permitted to return, or to sit once more as a legislator and a free man +in the national parliament. The reply was unanswerable, and it put a +period to the influence of Papineau. Foiled and discredited, the old +leader was never again to sway the masses of his countrymen as the moon +sways the tides. His day was done. None the less, {106} the prestige +of his name drew after him a small following of the younger and more +ardent men to whom he taught the pure Radical doctrine. In _L'Avenir_, +the propagandist journal which he founded, he preached repeal of the +Union and annexation to the United States. Before long he abandoned an +arena in which he was no longer the great central figure for dignified +seclusion on his seigneury of Montebello beside the noble Ottawa. + +In spite of all blind opposition a broad and enlightened programme of +legislation was carried out. Nearly two hundred measures, many of +prime importance, stand to the credit of this busy session. The vexed +question of a provincial university was finally settled. Baldwin's +bill for the founding of the University of Toronto, which had been laid +to one side by the Metcalfe crisis, was taken up again and carried +through all its stages to the status of a law. Conceived as the apex +and crown of a comprehensive scheme of education as broad as the +province, the University of Toronto more than met the hopes of its +founder. A straight road had been devised from the first class in the +common school to the highest department of collegiate instruction. The +needs of the {107} democracy had not been neglected, but wise and ample +provision had been made for the ambitious and aspiring few. How +completely the university has justified its existence is attested by +the spectacle of both political parties competing with each other in +their benevolence towards an honoured, national foundation. By the +multiplying generations of Toronto graduates the name of Robert Baldwin +should be held in high esteem as of the man who made possible the seat +of learning they are so proud to name their _alma mater_. + +Another wise measure for which Baldwin deserves no little praise is the +Municipal Corporations Act. The title has a dry, legal look, and will +suggest little or nothing to the general reader except, possibly, red +tape. Moreover, the system by which the subdivisions of the +country--the county, the township, the incorporated village--govern +themselves seems so obvious and works so smoothly in actual practice +that it seems part of the order of nature, and must have existed from +the time beyond which the memory of man runneth not to the contrary. +But the present extended system of home rule in Canada did not descend +from heaven complete, like the {108} Twelve Tables. It was a gradual +growth, or evolution, from the old system, by which the local justices +of the peace, sitting in quarter sessions, assessed the local taxes, +with the difference that it was not an unconscious growth. The plant +set by Sydenham's hand was tended, cultivated, and brought to maturity +by Baldwin. The measure, as it became law in 1849, has proved to be of +the greatest practical value; it has won the approval of competent +critics; and it has served as a model for the organization of other +provinces. Commonplace and humdrum as this measure may seem to +Canadians in the actual domestic working of it, there are other parts +of the Empire--Ireland, for example--which were to lag long behind. +The lack of such privileges is a grievance elsewhere. Even to-day, the +rural districts of England have not as extensive powers of +self-government as the counties of Ontario. If the farmers of the +Tenth Concession had to go to Ottawa and see a bill through the House +every time they wanted a new school, if they had months of waiting for +proper authorization, not to mention expenses of legislation to meet, +they might appreciate more keenly the advantages they enjoy in virtue +of this {109} forgotten Act of 1849. The lover of the picturesque will +not regret that terms with the historic colour of 'reeve' and 'warden' +were made part and parcel of a democratic system in the New World. + +It was a session of constructive statesmanship. The judicial system of +the province needed to be revised, extended, and simplified; and these +things were done. The economic condition of Canada was anything but +satisfactory. For years the country had 'enjoyed a preference' in the +British markets, in accordance with the old, plausible theory that +mother country and colony were best held together by trade arrangements +of mutual advantage, by which the colony should supply the mother +country with raw material and the mother country should supply the +colony with manufactured products. Suddenly all Canada's business was +dislocated by Peel's adoption of free trade in 1846. In consequence +Canada had no longer any advantage in the British market over the rest +of the world, and Canadian timber-merchants and grain-growers had an +undoubted grievance. The general commercial depression, which had set +in at the time of the rebellions, became worse and worse. {110} Lord +Elgin's often-quoted words picture the deplorable state of the country: +'Property in most of the Canadian towns, and more especially in the +capital, has fallen fifty per cent in value within the last three +years. Three-fourths of the commercial men are bankrupt, owing to free +trade; a large proportion of the exportable produce of Canada is +obliged to seek a market in the United States. It pays a duty of +twenty per cent on the frontier. How long can such a state of things +be expected to endure?' For a remedy the active mind of Hincks turned +to the obvious alternative of the British market, the natural market +just across the line; and he opened up negotiations with the United +States looking towards reciprocal trade. He could scarcely obtain a +hearing. The way was blocked by the complete indifference of the +United States Senate towards the whole project. Not until five years +later did relief come; and it came through the initiative and personal +diplomacy of Lord Elgin. To him belongs the credit for the famous +Reciprocity Treaty of 1854. This signifies that for the twelve years +during which the treaty was in force the artificial barriers to the +currents of trade between {111} adjacent countries were, to a large +extent, removed, certainly to the great advantage of all British North +America. It was a unique period in Canadian history. Never before had +the trade relations between Canada and the United States been so +friendly, and never have they been so friendly since. + +In another great enterprise of national importance Hincks was more +successful. The forties of the nineteenth century saw the first great +era of railway building. This novel method of transportation was +perceived to have immense undeveloped possibilities. In Britain, where +steam traction was invented, companies were formed by the score and +lines were projected in every direction. It was a time of wild +speculation, in which emerged for the first time the new type of +company promoter. From England the rage for railways spread to the +Continent and to America. While Hincks was working at the problem in +Canada, Howe was working at it in Nova Scotia. To link the East with +the West, Montreal with Toronto, Montreal with the Atlantic seaboard, +Montreal with the Lake Champlain waterways to the southward, was the +general design of the first Canadian railways. It was in this period +that the first {112} sections were built of those Canadian lines which, +in half a century, have grown into immense systems radiating across the +continent. Hincks's idea was to aid private enterprise by government +guarantees of the interest on half the cost of construction. Canada is +now laced with iron roads from ocean to ocean. The man who laid the +foundation of these immense systems in the day of small beginnings +should never be forgotten. + +So the busy session went on, until a measure was introduced which +aroused a storm of opposition, threatened a renewal of civil war, and +tested the principle of responsible government almost to the breaking +strain. This was the Act of Indemnification, a part of the bitter +aftermath of the rebellion twelve years before. + +War, even on the smallest scale, means the destruction of property. In +the troubles of '37 buildings were burned down in the course of +military operations. For example, good Father Paquin of St Eustache +had long to mourn the loss of his church and the adjoining school. As +it stood on a point of land at the junction of two streams and was +strongly built of stone, it was an excellent {113} place of defence +against the attack of Colborne's troops. On the fatal fourteenth of +December 1837 it was stoutly held by Chenier and his men, until two +British officers broke into the sacristy and overset the stove. Soon +the fire drove the garrison out of the building, which was destroyed +along with the new school-house near by. His parishioners were loyal, +Father Paquin contended in a well-reasoned petition; it was not they +but the discontented people of Grand Brulé who had seized the town; yet +the result was ruin. In the affair of Odelltown in 1838 a citizen's +barn was burnt down by orders of the British officer commanding because +it gave shelter to the rebels. Near St Eustache the Swiss adventurer +and leader of the rebels, Amury Girod, took possession of a farm +belonging to a loyal Scottish family. His men cut down the trees about +the farm-house, fortified it rudely, and lived in it at rack and manger +until Colborne came to St Eustache. These were typical cases of loss, +and surely, when order was again restored, they were cases for +compensation. The loyal and the innocent should not have to suffer in +their goods for their innocence and their loyalty. + +{114} + +Claims for compensation were made early. In the very year of the +rebellion the Assembly of Upper Canada passed an Act appointing +commissioners to inquire into the amount of damage done to the property +of loyal citizens; and in the following year it voted a sum of £4000 to +make good the losses. Men were paid for a cow driven off, or for an +old musket commandeered. The Special Council of Lower Canada made +similar provision, as was only natural and right; but its task was much +harder than that of the Assembly's. Clearly, the property of loyalists +destroyed or injured during the civil strife should be made good. This +was mere justice. It was equally clear that the property of open +rebels which had been destroyed or injured should _not_ be made good. +But there was a third category not so easy to deal with. There were +those who were not openly in rebellion, but who were grievously suspect +of sympathy with declared insurgents of their own race and religion. +How far sympathy might have become aid and comfort to opponents of the +government was hard to say. The village of St Eustache, for example, +was set on fire the night following the fight; the troops turned out in +the bitter cold to fight the fire, {115} but did not master it until +some eighty houses were burned. What claim could the owners have upon +the government for their losses? In the winter of 1838 the sky was red +with the flames of burning hamlets, says the _Montreal Herald_. + +The law's delay is proverbial. Compensatory legislation dragged its +slow length along for years, and the loyalists who had suffered in +their pocket saw session after session pass, and their claims still +unsatisfied. In 1840 the Assembly of Upper Canada passed an Act +authorizing the expenditure not of four thousand, but of forty thousand +pounds, to indemnify the loyalists who had lost by the 'troubles.' +However, as the Assembly, at the same time, forbore to provide any +funds for the purpose, the Act remained with the force of a pious wish. +The claimants for compensation were none the better for it. Then came +the union of the Canadas. Five more years rolled away, and, in spite +of the usual siege operations of those who have money claims against a +government, nothing was done. The various barns and cows and muskets +were still a dead loss. Then in 1845 the Tory administration of Draper +put the necessary finishing touch to the quaker act of 1840 by {116} +providing the sum of money required. By drawing on the receipts from +tavern licences collected in Upper Canada over a period of four years, +the government was in the possession of £38,000 for this specific +purpose. But, after the Union, it was manifestly unjust to pay +rebellion losses, as they came to be known, in Upper Canada and not in +Lower Canada. The Reformers of Lower Canada pointed out with emphasis +the manifest injustice of such a proceeding. It therefore became +necessary to extend the scope of the Act. Accordingly, in November +1845, a commission consisting of five persons was appointed to +investigate the claims for 'indemnity for just losses sustained' during +the rebellion in Lower Canada. This commission was instructed to +distinguish between the loyal and the rebellious, but, in making this +vital distinction, they were not to 'be guided by any other description +of evidence than that furnished by the sentences of the courts of law.' +The commission was also given to understand that its investigation was +not to be final. It was to prepare only a 'general estimate' which +would be subject to more particular scrutiny and revision. Appointed +in the end of November 1845, the {117} commission had finished its task +and was ready to report in April 1846. Its 'general estimate' was a +handsome total of more than £240,000; it gave as its opinion that +£100,000 would cover all the 'just losses sustained.' Of the larger +amount, it is said that £25,000 was claimed by those who had actually +been convicted of treason by court-martial. Not unnaturally an outcry +rose at once against taking public money to reward treason. The report +could not very well be acted upon; and the government voted £10,000 to +pay claims in Lower Canada which had been certified before the union of +the provinces. Another delay of three years followed, until LaFontaine +took the matter up in the session of 1849. + +His general idea was simply to continue and complete the legislation +already in force, in order to do justice to those who had 'sustained +just losses' in the 'troubles' of '37 and '38. The bill provided for a +new commission of five, with power to examine witnesses on oath. In +accordance with the finding of the previous commission, the total sum +to be expended was limited to £100,000. If the losses exceeded that +sum, the individual claims were to be proportionally reduced. {118} +The necessary funds were to be raised on twenty-year debentures bearing +interest at six per cent. LaFontaine introduced and explained the +bill, and Baldwin supported it in a brief speech. It was easy enough, +with their unbroken majority, to vote the measure through; but the +storm of opposition it raised might have made less determined leaders +hesitate or draw back. + +[Illustration: Sir Louis H. LaFontaine. After a photograph by Notman] + +The vehemence of the opposition was not due merely to the readiness +with which the faction out of power will seize on the weak aspects of a +question in order to embarrass the government. Such sham-fight tactics +are common enough and may be rated at their proper value. The leaders +of the British party were sincere in their belief that the success of +this measure meant the triumph of the French and the reversal of all +that had been done to hold the colonies for the Empire against rebels +whose avowed purpose was separation. Twelve years had gone by since +they had failed in the overt act. Now Papineau was back in the House, +about to receive his arrears of salary as Speaker. In Elgin's eyes he +was a Guy Fawkes waving flaming brands among all sorts of combustibles. +Mackenzie had been granted amnesty by the monarch {119} he had called +'the bloody Queen of England.' Wolfred Nelson, who had resisted Her +Majesty's forces at St Denis, was to have his claim for damages +considered. It was not in the flesh and blood of politicians to endure +all this; and before condemning the opposition to this bill, as is the +fashion with Canadian historians, we might ask what we should have done +ourselves in such circumstances. What the Tories did was to raise the +war-cry, 'No pay to rebels.' It resounded from one end of the province +to the other and roused to life all the passion that had slumbered +since the rebellion. + +In the debate on the second reading of the bill a scene almost without +parallel took place on the floor of the House. The Tories taunted the +French with being 'aliens and rebels.' Blake, the solicitor-general +for Upper Canada, retorted the charge, and accused the Tories of being +'rebels to their constitution and country.' In a rage Sir Allan MacNab +gave him 'the lie with circumstance,' and the two honourable members +made at each other. Only the prompt intervention of the +sergeant-at-arms prevented actual assault. The two belligerents were +taken into his custody. Some of the excited spectators who {120} +hissed and shouted were also taken into custody; and the debate came to +a sudden end that day. Those were the days of 'the code,' and why a +'meeting' was not 'arranged' and why Sir Allan did not have an +opportunity of using his silver-mounted duelling pistols is not quite +clear. The tempers of our politicians have much improved since that +violent scene occurred. No slur on the word of an honourable +gentleman, no imputation of falsehood, would now be so hotly resented +in our legislative halls. + +The violence and the excitement which prevailed in parliament were +repeated and intensified throughout the country. Everything that could +be effected by public meetings, petitions, protests, was done to +prevent the bill from passing, or, if it passed, to prevent the +governor-general from giving his assent to it, or, as a last resource, +to induce the Queen to disallow the obnoxious measure. The whole +machinery of agitation was set in motion and speeded up, to prevent the +bill becoming law. 'Demonstrations'--in plain English, rows--took +place everywhere. Sedate little Belleville was the scene of fierce +riots. Effigies of Baldwin, Blake, and Mackenzie were paraded through +the streets of Toronto {121} on long poles 'amid the cheers and +exultations of the largest concourse of people beheld in Toronto since +the election of Dunn and Buchanan.' Finally the effigies were burned +in a burlesque _auto-da-fé_. This ancient English custom was a milder +method of expressing political disapproval than the native American +invention of tar-and-feathers; but it seems to have been equally +soothing to the feelings. An outside observer, the _New York Herald_, +expected the disturbance to end in 'a complete and perfect separation +of those provinces from the rule of England'; but in those days +American critics were always expecting separation. + +No clearer mirror of the crisis is to be found than in the words of the +man on whom lay the heaviest responsibility, the governor-general +himself. This is his private opinion of the bill: 'The measure itself +is not free from objection, and I very much regret that an addition +should be made to our debt for such an object at this time. +Nevertheless I must say I do not see how my present government could +have taken any other course.' He also calls it 'a strict logical +following out' of the Tory party's own acts; and he has 'no doubt +whatsoever {122} that a great deal of property was wantonly and cruelly +destroyed at that time in Lower Canada.' He was petitioned to dissolve +parliament if the bill should pass; his judgment on this alternative +runs: 'If I had dissolved parliament, I might have produced a +rebellion, but most assuredly I should not have produced a change of +ministry.' The other alternative of reserving the bill seemed, as he +balanced it in his mind, cowardly. He would create no precedent. +Bills had been reserved before, and had been refused the royal +sanction; to reserve this one would be no departure from established +custom; but, he writes to Lord Grey, 'by reserving the Bill, I should +only throw upon Her Majesty's Government ... a responsibility which +rests, and ought, I think, to rest, on my own shoulders.' The +sentences which follow evince an ideal of public service that can only +be called knightly. The executive head of the government was ready to +face failure and disgrace, to the ruin of his career, rather than shirk +the responsibility which was really his. 'If I pass the Bill, whatever +mischief ensues may possibly be repaired, if the worst comes to the +worst, by the sacrifice of me. Whereas {123} if the case be referred +to England, it is not impossible that Her Majesty may have before her +the alternative of provoking a rebellion in Lower Canada ... or of +wounding the susceptibilities of some of the best subjects she has in +the province.' From the first Elgin had firmly made up his mind to +fill the rôle of constitutional governor; he believed that the best +justification of Durham's memory, and of what he had done in Canada, +would be a governor-general working out fairly the Dictator's views of +government. Although he had definitely made up his mind what course of +action to follow, he was never betrayed into committing himself before +the proper time. Deputations waited on him with provocative addresses; +but none was cunning enough to snare him in his speech. The +'sacrifice' came soon enough. + +In spite of all the furies of opposition within the House and out of +it, the Indemnity Bill passed by a majority of more than two to one. +The next question was what would Lord Elgin do? Would he give his +assent to the bill, the finishing vice-regal touch which would make it +law, or would he reserve it for Her Majesty's sanction? Some unnamed +{124} persons of respectability had a shrewd suspicion of what he would +do, as the sequel proved. An accident hastened the crisis. In 1849 +the navigation of the St Lawrence opened early; and on the twenty-fifth +of April the first vessel of the season was sighted approaching the +port of Montreal. In order to make his new Tariff Bill immediately +operative on the nearing cargo, Hincks posted out to 'Monklands,' Lord +Elgin's residence, in order to obtain the governor-general's formal +assent to this particular bill. The governor did as he was asked. He +drove in from 'Monklands' in state to the Parliament House for the +purpose. The time seemed opportune to give his assent to several other +bills. Among the rest he assented in Her Majesty's name to the 'Act to +provide for the indemnification of parties in Lower Canada whose +property was destroyed during the Rebellion of 1837 and 1838.' What +happened in consequence is best told in his own words. 'When I left +the House of Parliament, I was received with mingled cheers and +hootings by a crowd by no means numerous, which surrounded the entrance +of the building. A small knot of individuals consisting, it has since +been {125} ascertained, of persons of a respectable class in society, +pelted the carriage with missiles which they must have brought with +them for the purpose.' The 'missiles' which could not be picked up in +the street were rotten eggs. One of them struck Lord Elgin in the +face. That was the Canadian method of expressing disapproval of a +governor-general for acting in strict accordance with the principles of +responsible government. But this was only part of the price he had to +pay for doing right. Worse was to follow. + +Immediately after this outrage a notice was issued from one of the +newspapers calling an open-air meeting in the Champ de Mars. Towards +evening the excitement increased, and the fire-bells jangled a tocsin +to call the people into the streets. The Champ de Mars soon filled +with a tumultuous mob, roaring its approbation of wild speeches which +denounced the 'tyranny' of the governor-general and the Reformers. A +cry arose, 'To the Parliament House!' and the mob streamed westward, +wrecking in its passage the office of Hincks's paper the _Pilot_. The +House was in session, and though warned by Sir Allan MacNab that a riot +was in progress, it hesitated to take the extreme step of {126} calling +out the military to protect its dignity. At this time the whole police +force of the city numbered only seventy-two men, and, in emergencies, +law and order were maintained with the aid of the regiments in +garrison, or by a force of special constables. Soon the House found +that Sir Allan's warning was against no imaginary danger. Volleys of +stones suddenly crashed through the lighted windows, and the members +fled for their lives. The rabble flowed into the building and took +possession of the Assembly hall. Here they broke in pieces the +furniture, the fittings, the chandeliers. One of the rioters, a man +with a broken nose, seated himself in the Speaker's chair and shouted, +'I dissolve this House.' It seems like a scene from a Paris _émeute_ +rather than an actual event in a staid Canadian city. Soon a cry was +heard, 'The Parliament House is on fire.' Another band of rioters had +set the western wing alight, and, in a quarter of an hour, the whole +building was a mass of flames. Although the firemen turned out +promptly, they were forcibly prevented by the mob from doing their +duty, until the soldiers came to their support, and then it was too +late to save the building. Next day only the ruined walls {127} were +standing. The Library of Parliament was burned in spite of efforts to +save it, and the student of Canadian history will always mourn the loss +of irreplaceable records and manuscripts in that tragic blaze. One +thing was rescued. Young Sandford Fleming and three others carried out +the portrait of the Queen. It was almost as gallant an act as rescuing +the Lady in person. + +Nor was the destruction of the Parliament Building the final outbreak. +Next evening the mob was at its work again, attacking the houses or +lodgings of the various Reform leaders. LaFontaine's government +ordered the arrest of four ringleaders in the last night's riot. In +revenge his house was entered forcibly, the furniture smashed, the +library destroyed, and the stable set on fire. In fact, for three days +Montreal was like a city in revolution. A thousand special constables, +armed with pistols and cutlasses, in addition to the soldiery were +needed to restore something like order in the streets. But the rioting +was not over even yet. The most violent scene of all took place on the +thirtieth of April. The House was naturally incensed at the insults +offered to the governor-general and drew up an address expressing the +{128} members' detestation of mob violence, their loyalty to the Queen, +and their approval of his just and impartial administration. It was +decided to present the address to him, not at the suburban seat of +'Monklands,' but publicly at Government House, the Château de Ramezay +in the heart of the city. Such a decision showed no little courage on +both sides, but the end was almost a tragedy. Lord Elgin came very +near being murdered in the streets of Montreal. On the day appointed +he drove into the city, having for escort a troop of volunteer +dragoons. All through the streets his carriage was pelted with stones +and other missiles, and his entry to Government House was blocked by a +howling mob. His escort forced the crowd to give way, and the +governor-general entered, carrying with him a two-pound stone which had +been hurled into his carriage. It was a piece of unmistakable evidence +as to the treatment the Queen's representative in Canada had received +at the hands of Her Majesty's faithful subjects. When the ceremony was +over he attempted to avoid trouble by taking a different route back to +'Monklands,' but he was discovered, and literally hunted out of the +city. 'Cabs, {129} calèches, and everything that would run were at +once launched in pursuit, and crossing his route, the +governor-general's carriage was bitterly assailed in the main street of +the St Lawrence suburbs. The good and rapid driving of his postilions +enabled him to clear the desperate mob, but not till the head of his +brother, Colonel Bruce, had been cut, injuries inflicted on the chief +of police, Colonel Ermatinger, and on Captain Jones, commanding the +escort, and every panel of the carriage driven in.' Even at +'Monklands' Lord Elgin was not entirely safe. The mob threatened to +attack him there, and the house was put in a state of defence. Ladies +of his household driving to church were insulted. To avoid occasion of +strife he remained quietly at his country-seat; and, for his +consideration of the public weal, was ridiculed, caricatured, and +dubbed, in contempt, the Hermit of Monklands. + +The riots did not end without bloodshed. Once more the rioters +attacked LaFontaine's house by night; shots were fired from the windows +on the mob, and one man was killed. The appeal to racial passion was +irresistible. A man of British blood had been slain by a Frenchman. +The funeral {130} of the chance victim was made a political +demonstration. LaFontaine was actually tried for complicity in the +accident, but was acquitted. Montreal underwent something like a Reign +of Terror; a murderous clash between French and English might come at +any moment. Elgin was urged to proclaim martial law and put down mob +rule by the use of troops. Wisely he refused to go to such extremes. +The city authorities themselves should restore order, and at last they +did so with their thousand special constables. Those April riots of +'49 cost Montreal the honour of being the capital of Canada, and +ultimately caused the transformation of queer little lumbering Bytown +into the stately city of Ottawa, proudly eminent, with the halls of +legislature towering on the great bluff above the glassy river. + +Of Elgin's conduct during this long-drawn ordeal it is almost +impossible to speak in terms of moderate praise. He must have been +less or more than human not to feel bitterly the insults heaped upon +him. The natural man spoke in the American who 'could not understand +why you did not shoot them down'; and also in the Canadian {131} who +'would have reduced Montreal to ashes' before enduring half that the +governor endured. But Elgin acted not as the natural man, but as the +Christian and the statesman, He refused to meet violence with violence; +and he refused to nullify the principles of popular government by +bowing before the blast of popular clamour. But a more unpopular +governor-general never held office in Canada. + + + + +{132} + +CHAPTER V + +THE PRINCIPLE ESTABLISHED + +The storm raised by the Rebellion Losses Bill did not soon sink to a +calm. It did not end with rabbling the viceroy, burning the House of +Parliament, homicide, and mob rule in the streets of Montreal. In the +British House of Commons the whole matter was thoroughly discussed. +Young Mr Disraeli, the dandified Jewish novelist, held that there were +no rebels in Upper Canada, while young Mr Gladstone, 'the rising hope +of those stern and unbending Tories,' proved that there were virtual +rebels who would be rewarded for their treason under the Canadian +statute. In a letter to _The Times_ Hincks showed, in rebuttal, that +rebels in Upper Canada had already received compensation by the Act of +a Tory government. Who says A must also say B. Between the arguments +of Gladstone and Hincks it is perfectly clear that the Rebellion Losses +Bill was anything but a perfect measure. Its passage had one {133} +more important reaction, the Annexation movement of 1849. + +This episode in Canadian history is usually slurred over by our +writers. It is considered to be a national disgrace, a shameful +confession of cowardice, like an attempt at suicide in a man. It did +undoubtedly show want of faith in the future. Those who organized the +movement did 'despair of the republic.' But it is possible to blame +them too much. Annexation to the United States was in the air. Lord +Elgin writes that it was considered to be the remedy for every kind of +Canadian discontent. He was haunted by the fear of it all through his +tenure of office. Annexation had been preached by the Radical journals +for years in Canada; and it was confidently expected by politicians in +the United States. As late as 1866 a bill providing for the admission +of the states of Upper Canada, Nova Scotia, etc., to the Union passed +two readings in the House of Representatives. The Dominion elections +of a quarter of a century later (1891) gave the death-blow to the +notion that Annexation was Canada's manifest destiny; but the idea died +hard. + +Action and reaction are equal and opposite. {134} Embittered by +defeat, the very party that had stood like a rock for British +connection now moved definitely for separation. The circular issued by +the Annexation Association of Montreal is a document too seldom +studied, but it repays study. In tone it is the reverse of +inflammatory; it is markedly temperate and reasonable. After a +dispassionate review of the present situation, it considers the +possibilities that lie before the colony--federal union, independence, +or reciprocity with the United States. All that Goldwin Smith was to +say about Canada's manifest destiny is said here. His ideas and +arguments are perfectly familiar to the Annexationists of '49. The +appeal at the close contains this sentence: + + +Fellow-Colonists, We have thus laid before you our views and +convictions on a momentous question--involving a change which, though +contemplated by many of us with varied feelings and emotions, we all +believe to be inevitable;--one which it is our duty to provide for, and +lawfully to promote. + + +There were those who protested against Annexation; but they were +denounced as {135} 'known monopolists and protectionists.' One speaker +said: 'Were it necessary I might multiply citation on citation to prove +that England considers, and has for years considered, our present +relations to her both burdensome and unprofitable.' Another said: 'It +is admitted, I may almost say, on all hands, that Canada must +eventually form a portion of the Great American Republic--that it is a +mere question of time.' There follows a list of some nine hundred +names, beginning with John Torrance and ending with Andrew Stevenson. +There are French names as well as English. Some bearers of those names +to-day are not proud of the fact that they are to be found in that +list. One Tory refused to sign the manifesto: his monument bears the +inscription, 'A British subject I was born, a British subject I will +die.' + +The manifesto was supported by various pamphleteers and journalists. +Elgin records his fear of the 'cry for Annexation spreading like +wildfire through the province.' But it did not spread 'like wildfire.' +The original impulse, which may have been partly 'petulance,' seemed to +spend itself. Not all English opinion was in favour of 'cutting the +painter'; and one of the most determined {136} opponents of Annexation +was that very alert politician, the young Queen. Equally determined +was the governor-general of Canada. 'To render Annexation by violence +impossible, and by any other means, as improbable as may be, is,' he +wrote, 'the polar star of my policy.' When he could, he showed clearly +enough what his policy was. The manifesto of the Annexationists +contained not a few names of men holding office under the government, +magistrates, queen's counsel, militia officers, and others. Elgin had +a circular letter sent to these eminently respectable persons holding +commissions at the pleasure of the Crown, asking pertinently if they +had really signed the document in question. Some affirmed, and some +denied; others, again, questioned the governor's right to make the +inquiry. He then removed from office all who did not disavow their +signatures as well as those who admitted them. His action had an +excellent effect and showed that he was no weakling. He was warmly +supported by the colonial secretary, Earl Grey. Hitherto he had been +only a peer of Scotland, but now, in token of the government's +approval, was made a peer of the United Kingdom. Soon the commercial +conditions, {137} which had no small part in the political discontent, +began to mend. + +[Illustration: The Earl of Elgin. From a daguerreotype] + +The services of Hincks to his adopted country at this time were of the +greatest value. A financier as well as a journalist, he was able to +secure the capital needed for the great public works, and to set the +resources of Canada before the British investor in a most convincing +way. The Welland Canal was completed; the era of railway development +began. Immigration increased and business began to lift its head. In +1849 the last of the old Navigation Laws, which forbade foreign ships +to trade with Canada, were repealed. They were an inheritance from the +imperialism of Cromwell, but were now outworn. Although the Maritime +Provinces did not benefit, the port of Montreal began to come to its +own, as the head of navigation. In 1850 nearly a hundred foreign +vessels sought its wharves. + +The next session of parliament was held in Toronto, according to the +odd agreement by which that city was to alternate with Quebec as the +seat of government. Every four years the government with all its +impedimenta was to migrate from the one to the other. The Liberal +party was soon to find that a crushing {138} victory at the polls and a +puny opposition in the House were not unmixed blessings. It began to +fall apart by its own sheer weight. A Radical wing, both English and +French, soon developed. The 'Clear Grit' party in Upper Canada was +moving straight towards republicanism, and so was Papineau's _Parti +Rouge_, with its organ _L'Avenir_ openly preaching Annexation. +Canadian eyes were still dazzled by the marvellously rapid growth of +the United States. American democracy was manifestly triumphant, and +Canada's shortest road to equal prosperity lay through direct +imitation. Salvation was to be found in the universal application of +the elective principle, from policeman to governor. This was before +the unforeseen tendencies of democracy had startled Americans out of +their attitude of self-complacent belief in it, and converted them +first into thoroughgoing critics, and then into determined reformers of +the system that they once thought flawless. The legislation of the +session of 1849-50 has still measures of value. Canada for the first +time assumed full control of her own postal system. The principle of +separate schools for Roman Catholics was confirmed, a measure which +reveals Canada in sharp contrast to the {139} United States, where +sectarian teaching is excluded from a state-aided school system. Not a +single bill was 'reserved,' which the Globe called a fact +'unprecedented in Canadian history.' The colony was now entirely free +to manage its own affairs, well or ill, to misgovern itself if it chose +to do so. Lord Elgin had almost laid down his life for this idea; +henceforth it was never to be called in question. + +Two outstanding grievances were finally removed by the Great +Administration during this session. They were both land questions; one +afflicted the English, and the other the French, half of the province. +For a whole decade the grievance of the Clergy Reserves had slumbered; +now it came up for settlement. The Clergy Reserves were finally +secularized. Hincks, the astute parliamentary hand, led the House in +requesting the British parliament to repeal the Act of 1840. This was +the first step, preliminary to devoting the unappropriated land to the +maintenance of the school system. In voting on this measure LaFontaine +opposed, while Baldwin supported it. The divergence of opinion marked +the weakening of the ministry. + +The other question, which affected French {140} Canada, was the +seigneurial tenure of the land. The system was an inheritance from the +time of Richelieu. Unlike the English, who allowed their colonies to +grow up haphazard, the French, from the first, organized and regulated +theirs according to a definite scheme. Upon the banks of the St +Lawrence they established the feudal system of holding land, the only +system they knew. There were the seigneurs, or landlords, with their +permanent tenants, or _censitaires_. There were the ancient +usages--_cens et rentes, lods et ventes, droit de banalité_.[1] the +seigneurs' court, and so on. Seigneuries were also established in +Acadia; but they were bought out by the Crown about 1730, after the +cession of that province to Great Britain. In the opinion of such +authorities as Sulte and Munro the seigneurial system answered its +purpose very well. At first the French would not have it touched. In +the troubles of '37 the simple habitants thought they were fighting for +the abolition of the seigneurs' dues. By the middle of the nineteenth +century it had become almost as complete an anomaly as trial by combat. +But the question of reform bristled with difficulties. {141} Which +were the rightful owners of the eight million arpents of land--the +seigneurs, or the _censitaires_? To whom should all this land be +given? Was there a third method, adjustment of rights with adequate +compensation? The Reformers were not agreed among themselves. Some +were for abolition of the seigneurs' rights: some were for voluntary +arrangement with the aid of law. LaFontaine was averse from change, +and Papineau, who was himself a seigneur, held by the ancient usages. +The whole question was referred to a committee, but all attempts to +deal with it during the sessions of 1850 and 1851 came to nothing. Not +until 1854 was definite action taken. All feudal rights and duties, +whether bearing on _censitaire_ or seigneur, were abolished by law, and +a double court was appointed to inquire into the claims of all parties +and to secure compensation in equity for the loss of the seigneurs' +vested interests. It took five years of patient investigation, and +over ten million dollars, to get rid of this anomaly, but at last it +was accomplished to the benefit of the country. Says Bourinot, 'The +money was well spent in bringing about so thorough a revolution in so +peaceable and conclusive a manner.' + +{142} + +Both these questions gave rise to differences of opinion in the +Cabinet. The Clear Grits, or Radical wing, were in constant +opposition, simply because the progress of Reform was not rapid enough. +William Lyon Mackenzie, once more in parliament, rendered them +effective aid. In June 1851 he brought in a motion to abolish the +Court of Chancery, which had been reorganized by Baldwin only two years +before and seemed to be working fairly well. Although the motion was +defeated Baldwin realized that the leadership of the party was passing +from him and his friends, and he resigned from office at the end of the +month. One of the pleasing episodes in the history of Canadian +parliaments was Sir Allan MacNab's sincere expression of regret on the +retirement of his political opponent. There are few enough of such +amenities. In October of the same year LaFontaine also resigned, +sickened of political life. A letter of his to Baldwin, as early as +1845, lifts the veil. 'I sincerely hope,' he says, 'I will never be +placed in a situation to be obliged to take office again. The more I +see the more I feel disgusted. It seems as if duplicity, deceit, want +of sincerity, selfishness were virtues. It gives me a poor idea of +{143} human nature.' This is not the utterance of a cynic, but of an +honest man smarting from disillusion. His exit from public life was +final. He was made chief justice for Lower Canada and presided with +distinction over the sessions of the Seigneurial Court. His political +career thus closed while he was yet a young man with years of valuable +service before him. Baldwin attempted to re-enter political life. The +resignation of the two leaders involved a new election, and Baldwin was +defeated in his own 'pocket borough' by Hartman, a Clear Grit. That +was the end. He retired to his estate 'Spadina,' his health shattered +by his close attention to the service of the state. He was an entirely +honest politician, deservedly remembered for the integrity of his life +and his share in upbuilding Canada. So the Great Administration +reached its period. + +It was succeeded by a ministry in which Hincks and Morin were the +leaders. The new parliament included a new force in politics, George +Brown, creator of the _Globe_ newspaper. A Scot by birth, a Radical in +politics, hard-headed, bitter of speech, a foe to compromise, with +Caledonian fire and fondness for facts, he soon commanded a large {144} +following in the country and became a dreaded critic in the House. He +had disapproved of the late ministry for its failure to carry out the +programme approved by the _Globe_, especially the secularization of the +Clergy Reserves. He became the Protestant champion, the denouncer of +such acts as that of the Pope in dividing England into Roman Catholic +sees and naming Cardinal Wiseman Archbishop of Westminster, and the +pugnacious foe of 'French domination.' His activities did not tend to +draw French and English closer together. He lacked the gift of his +successful rival, John A. Macdonald, for making friends and inspiring +personal loyalty. + +The Hincks-Morin government was a business man's administration. It is +noteworthy for its successful promotion of various railway, maritime, +and commercial enterprises. It aided in the establishment of a line of +steamers to Britain by offering a substantial subsidy for the carriage +of mails, a policy which has continued, with the approval of the +nation, to the present time. It was this ministry also which pushed +the building of the Grand Trunk, and ultimately succeeded in creating a +national highway from Rivière du Loup to {145} Sarnia and Windsor. +This was the era of reckless railway speculation. Municipalities were +empowered to borrow money on debentures for railway building guaranteed +by the provincial government. Unfortunately they borrowed extravagant +sums and ran into debt, from which, at last, the province had to rescue +them. But, unlike what happened in the case of some of the American +states, there was no repudiation of debts by Canadian municipalities. + +The year 1851 is likewise famous for the Great Exhibition. Britain had +adopted free trade, to her great advantage. All the nations of the +world were expected to follow her example and remove the barriers to +commerce to the benefit of all. The freedom of intercourse between +nation and nation was to slay the jealousy and suspicion which lead to +war. To inaugurate the new era of peace and unfettered trade the +Crystal Palace was reared in Hyde Park--'the palace made of windies,' +as Thackeray calls it--and filled with the products of the world. The +idea originated with the Prince Consort, and it was worthy of him. For +the first time the various nations could compare their resources and +manufactures with one another. Canada {146} had her share in it. As a +demonstration of general British superiority in manufactures the Great +Exhibition was a great success; but as heralding an era of universal +peace it was a mournful failure. Three years later England, France, +and Sardinia were fighting Russia to prop the rotten empire of the +Turk. Then came the Great Mutiny; then the four years of fratricidal +strife between the Northern and Southern States; then the war of +Prussia and Austria; then the overthrow of France by Germany. All +these events had their influence on Canada. The 100th Regiment was +raised in Canada for the Crimea. Joseph Howe went to New York on a +desperate recruiting mission. Nova Scotia ordained a public fast on +the news of the massacre of white women and children by the Sepoys. +Thousands of Canadians enlisted in the Northern armies. The Papal +Zouaves went from Quebec to the aid of the Pope against Garibaldi. All +these were symptoms that Canadians were beginning to outgrow their +narrow provincialism and to perceive their relations to the outer +world, and especially towards Britain. The country was reaching out +towards the rôle which in our own day she has played in the Great War. + +{147} + +Meanwhile Lord Elgin was playing his part as constitutional governor, +standing by his principle of accepting democracy even when democracy +went wrong. Though inconspicuous, he was always planning for the +benefit of the country he had in charge. He had visions of an Imperial +_zollverein_, but he perceived clearly the immense and immediate +advantages of freer trade relations between the British American +colonies and the United States. Those once attained, he thought the +danger of Annexation past. His activities in his last year of office +prove that a man of ability may be a strictly constitutional governor +and yet preserve a power of initiative, of almost inestimable value. +In 1853 Lord Elgin paid a visit to England, and while there obtained +full powers to negotiate with the United States. For several years +Hincks had been doing his best to induce the American government to +consider the question of reciprocity in natural products with Canada, +but without avail. Bills to this effect had even been introduced into +Congress; but they never got beyond the preliminary stages. New +England was inclined to favour the proposal, for agriculture was +declining there before the growth of {148} manufactures. The South +favoured reciprocity rather than Annexation, for the 'irrepressible +conflict' between the slave states and the free states was every day +coming closer to observant eyes, and including Canada in the Union +meant a great accession of strength to the already populous North. +Opposition came from the farmers of the Northern states, who feared the +competition of a country, as yet, almost entirely devoted to +agriculture. General indifference, the opposition of a section, +combined with the feeling that Canada had nothing adequate to offer in +return for access to the huge American market, removed reciprocity from +the domain of practical politics. The scale was turned by the codfish +question. + +Ever since the success of the Revolution the fishermen of New England +had a grievance against the British government and against the colonies +which did not revolt. They thought it most unjust that, as successful +rebels, they could not enjoy the fishing privileges of the North +Atlantic which they had enjoyed as loyal subjects. They wanted to eat +their cake and have their penny too. Of course no power on earth could +exclude them from the Banks, the great shoals in the {149} open sea, +where fish feed by millions; but territorial waters were another +matter. By the law of nations the power of a country extends over the +waters which bound it for three miles, the range of a cannon shot, as +the old phrase runs. Now it is precisely in the territorial waters of +the British American provinces that the vast schools of mackerel and +herring strike. To these waters American fishermen had not a shadow of +a right; but Yankee ingenuity was equal to the difficulty and proposed +the question, Where does the three-mile limit extend? The American +jurists and diplomats insisted that it followed all the sinuosities of +the shore. If admitted, this claim would give American fishermen the +right of entrance to huge British bights and bays full of valuable +fish. The Canadian contention was that the three-mile limit ran from +headland to headland, thus excluding the Americans from fishing within +the deeper indentations of the coast-line. By the treaty of 1818 the +Americans were definitely excluded from the territorial waters, but +still they poached on Canada's preserves. It was maddening to Nova +Scotians to see aliens insolently hauling their nets within sight of +shore and taking the bread from their mouths. {150} The Americans +applied the headland to headland rule to their own territorial waters; +no 'Bluenose' fisherman could venture into the Chesapeake; but for the +'Britishers' to insist on the same rule was another matter. In 1852 +the constant clash of interests almost led to war; for Britain backed +up the just complaints of her colonies by detaching a force of six +cruisers to protect our fisheries and stop the poachers, and the +American government also sent ships to protect their fishermen. There +was no further action, beyond a recommendation in the President's +message to Congress that the whole matter should be settled by treaty. + +Such was the situation when Lord Elgin arrived at Washington in May +1854. His suite included Hincks and Laurence Oliphant, the writer, +whose humorous and satiric account of what he saw during the +negotiations makes most amusing reading. The diplomats reached the +American capital at one of the most dramatic moments of American +history. On the very day of their arrival the Kansas-Nebraska Bill +passed Congress. It meant the momentary triumph of the South and the +extension of slavery into the great _hinterland_ beyond the +Mississippi. {151} The passage of the bill was celebrated by the +salute of a hundred guns; and, fearing trouble, legislators sat in the +House armed to the teeth. + +Lord Elgin at once began operations which can hardly be distinguished +from an ordinary lobby. From Marcy, the secretary of state, he +ascertained that the kernel of opposition to reciprocity was the +Democratic majority in the Senate, and he set about cultivating the +Democratic senators. There was a round of pleasant dinners and other +entertainments, at which Lord Elgin shone. A British peer is always an +object of interest in a democracy. This one possessed most agreeable +manners, a charm to which Southerners are peculiarly susceptible, and +also an unusual gift of oratory which won him favour with a public +accustomed to the eloquence of Daniel Webster and Wendell Phillips. +These things told with the Democratic majority. That the treaty 'was +floated through on champagne' is an exaggeration; but there was +undoubtedly much hospitality shown on both sides and much good +fellowship. Ten days after his arrival at Washington Lord Elgin was +able to tell Mr Marcy that the Democrats would not oppose the treaty, +and on the fifth of {152} June it was actually signed. Oliphant +furnishes most amusing details of the actual ceremony of appending the +signatures. It went into force only after it had been formally +ratified by the legislatures of Great Britain and the United States. +The most important provisions were as follows. + +Natural products were to be admitted free of duty to both countries, +the principal being grain, flour, lumber, bread-stuffs, animals, fresh, +smoked and salted meats, lumber of all kinds, poultry, cotton, wool, +hides, metallic ores, pitch, tar, ashes, flax, hemp, rice, and +unmanufactured tobacco. In return the American fishermen obtained the +coveted privilege of fishing within the territorial waters of the +Maritime Provinces, without any restriction as to distance or +headlands. Canadians were accorded the right to fish in the depleted +American grounds, north of the 36th parallel N. latitude. Nova +Scotians were not pleased at these concessions, especially as they were +not allowed to share in the American coasting trade; but as trade grew +up and prices rose, their discontent naturally vanished. + +The benefits accruing to Canada from the treaty were immediate and +plain to every {153} eye. In the first year of its operation the value +of commodities interchanged between the two countries rose from an +annual average of fourteen million dollars to thirty-three millions, an +increase of more than one hundred per cent. The volume of trade rose +steadily at the rate of eight or nine millions per annum. When the war +broke out between the North and the South, prices jumped, and, during +the four years of the struggle, Canada had a greedy market for +everything she could produce. The benefit to both countries was +obvious. For the first time since the Revolution the currents of North +American trade flowed unchecked in their natural channels. Canada had +never known such a period of prosperity, and was never to know such +another, until the great West was opened up by the railways and until +immigrants began to flock in by hundreds of thousands, to draw from the +rich loam of the prairies the bountiful harvests of man-sustaining +wheat. Lord Elgin's pact held good for twelve years. In the last year +the volume of trade was more than eighty-four millions. The agreement +ended from a variety of causes, economic and political. Canada had +raised the tariff on American manufactures in order to meet {154} her +increasing expenditure; and she tried to divert American commerce from +its regular routes to a profitable transit through Canadian territory. +But the chief cause was the bitterness of the United States at the +attitude of Britain during the Civil War. The _Trent_ affair, the +ravages of the _Alabama_ and other commerce destroyers, the open and +avowed sympathy with the South expressed in British journals and +elsewhere, convinced the American people that Britain would be glad to +see the Republic broken up. That, with such provocation, the Americans +should deprive a British colony of a commercial advantage was not +unnatural. One statesman even proposed that the whole of Canada should +be handed over to the United States in compensation for the _Alabama_ +claims. That the treaty was negotiated at all, and that the experiment +in trade was so beneficial to both countries, has certain important +lessons. The episode proves that a colonial governor, while governing +in strict accordance with the constitution, can do for his government +what no one else can do. Lord Elgin's success has never been repeated. +Delegation after delegation of Canada's ablest politicians have +pilgrimed from Ottawa to Washington, seeking {155} better trade +relations, with no result. The second lesson is the tendency of trade +to mock at political boundaries and to wed geography. Even now, with +high tariffs on both sides of the line, Canada spends fifty-one dollars +in the United States for every thirty-three she spends in England. + +From his triumph at Washington the governor-general returned to Canada +to undergo another experience of democratic manners. The Hincks-Morin +government was nearing its end. Parliament had no sooner assembled in +the ancient capital, Quebec, than it was dissolved. In the political +tug-of-war known as the debate on the Address the government was +defeated. Instead of resigning, the leaders recommended the +governor-general to dissolve the House, so that there might be a new +election, and that the mind of the people might be ascertained on the +two great issues, the Clergy Reserves and Seigneurial Tenure. The +opposition contended that the ministry should either resign, or else +bring in some piece of legislation as a trial of strength. Lord +Elgin's position was precisely the same as in the time of the Rebellion +Losses Bill. He acted on the advice of his ministers. {156} When he +came in state to prorogue the House, a most extraordinary scene +occurred. He was kept waiting for an hour while the parties wrangled, +and when Her Majesty's faithful Commons did present themselves, the +Speaker, John Sandfield Macdonald, read, first in English and then in +French, a reply to the Address which was a calculated insult to Her +Majesty's representative. The point of the reply was that, as no +legislation had been passed, there had been no session; and that this +failure to follow custom was 'owing to the command which your +Excellency has laid upon us to meet you this day for the purpose of +prorogation.' Sandfield Macdonald was an ambitious and vindictive man. +He was wrong, too, in his interpretation of the constitution. Hincks +had denied him a cabinet position which he coveted, and this was his +mode of retaliating upon him. None the less, the House was prorogued, +and the elections were held. + +According to the old, bad custom, they were spread over several weeks, +instead of being held on a single day. The result was unfavourable to +the government. Representation had been increased, and out of the +total number of members returned the {157} ministry had only thirty at +its back. The Conservatives numbered twenty-two, the Clear Grits +seven, Independents six, and Rouges nineteen. Papineau was defeated +and retired to his seigneury. Hincks was returned for two +constituencies. In the election of the Speaker he very adroitly +thwarted the ambition of Sandfield Macdonald to fill that post; but, +soon afterwards, the ministry was defeated on a trifling question and +resigned. Hincks was afterwards knighted and made governor of Barbados +and Guiana. He returned to Canada in 1869 to be a member of Sir John +Macdonald's Cabinet. He made a fortune for himself and he had no small +part in making Canada. He died of smallpox in Montreal in 1885. His +_Reminiscences_ is an authority of prime importance for the history of +his times. + +That consistent, life-long Tory, Sir Allan MacNab, became the head of +the new ministry. The attorney-general for Upper Canada was John A. +Macdonald. Six members of the old Reform Cabinet sat in the new +ministry side by side with four Conservatives. This signified the +formation of a new party in Canada, the Liberal-Conservative, an +exactly {158} descriptive name, because it composed the best elements +of both parties. Under the leadership of John A. Macdonald it held +power for practically thirty years. That able politician, formed by +education in this country, not outside, perceived instinctively the +essential moderation of the Canadian temperament, and how alien to it +was the extravagance of _Rouge_ and Clear Grit. The national +temperament is cautious and bent to 'shun the falsehood of extremes.' +Under the dominance of the new-formed party the jarring scattered +provinces became one and grew to the stature of a nation. + +Lord Elgin's reign was over. In the autumn of 1854 he made a tour of +the province and was everywhere received with unmistakable tokens of +appreciation and goodwill. He was right in thinking 'I have a strong +hold on the people of this country.' His administration represented +the triumph of a statesman's principle over every consideration of +convenience, popularity, and even safety. Thanks to his firmness and +his chivalrous conception of his office, government by the popular will +became established beyond shadow of change. To estimate the value of +his services to the commonwealth, {159} one has only to imagine a Sir +Francis Bond Head in his place during the crisis of the Rebellion +Losses Bill. A weaker man would have plunged the country into anarchy, +or have paltered and postponed indefinitely the true solution of a +vital constitutional problem. + +No governor of Canada was ever worse treated by the Canadian people; +and yet no proconsul is entitled to more grateful remembrance in +Canada. In spite of that ill-treatment he grew to like the country. +His eloquent farewell speech at Quebec evinces genuine affection for +the land and genuine regret at having to leave it for ever. Like every +traveller who has known both countries, he was struck by the contrast +between 'the whole landscape bathed in a flood of that bright Canadian +sun' and 'our murky atmosphere on the other side of the Atlantic.' The +majestic beauty of the St Lawrence and citadel-crowned Quebec had won +his heart. Like a wise man and a Christian, he looked forward to the +end; and he imagined that the memory of the sights and sounds he had +grown to love would soothe his dying moments. He left Canada for +service in India, like Dufferin and Lansdowne, and never returned. His +grave is at Dhurmsala {160} under the shadow of the Himalayas. It is +marked by an elaborate monument surmounted by the universal symbol of +the Christian faith; but a nobler and more lasting memorial is the +stable government he gave to 'that true North.' + + + +[1] See _The Seigneurs of Old Canada_, chap. iv. + + + + +{161} + +EPILOGUE + +The twelve years that followed Elgin's régime saw the flood-tide of +Canada's prosperity. Apart altogether from the advantage of the +Reciprocity Treaty, the country flourished. The extension of railways, +the influx of population, developed rapidly the immense natural +resources of the country. Politically, however, things did not move so +well. The old difficulties had disappeared, but new difficulties took +their place. There was no longer any question of the constitution, or +the relation of the governor to it, or of orderly procedure in the +mechanics of administration; but there was violent strife between +parties too evenly balanced. The remedy lay in the formation of a +larger unity, and, in 1867, the four provinces effected a +confederation, which was soon to embrace half the continent from ocean +to ocean. Dominion Day 1867 was the birthday of a new nation, and a +true poet has precised {162} Canada's relation to Britain and the world +in a single stanza. + + A Nation spoke to a Nation, + A Throne sent word to a Throne: + 'Daughter am I in my mother's house, + But mistress in my own! + The doors are mine to open, + As the doors are mine to close, + And I abide by my mother's house,' + Said our Lady of the Snows. + +_Quis separabit_? The confident prophecies of 'cutting the painter' +have all come to naught. In the supreme test of the Great War, Canada +never for a moment faltered. She gave her blood and treasure freely in +support of the Empire and the Right. No severer trial of those bonds +that knit British peoples together can be imagined. To look back upon +the time when British soldiers had to be sent to suppress a Canadian +insurrection from a time when French Canadians and English Canadians +are fighting side by side three thousand miles from their homes for the +maintenance of the Empire is to envisage the most startling of +historical paradoxes. That old, bad time seems as unsubstantial as a +dream; this seems the only reality; and yet the two periods are +separated only by the span of a not very long human life. {163} The +truth is that in those days there were no Canadians. There were French +on the banks of the St Lawrence, but their political horizon was +bounded by the parish limits. Their most renowned leader had no vision +but of an independent French republic, or of one more state in the +Union. The people of the western province consisted of diverse +elements. The solid kernel was of United Empire Loyalist stock, which +gave the province its distinctive character. The Scottish, Irish, +English immigration could not be reckoned among the genuine sons of the +soil. They built their log-huts in the wildwood clearings, but their +hearts were in the sheiling, the cabin, the cottage they had left +beyond the sea. Their allegiance was divided, a fact of which the +perpetuation of the various national societies is indubitable evidence. +They were the pioneers; they made the wilderness a garden; and their +children entered into a large inheritance. More inharmonious still was +the immigration from south of the border, of persons brought up on the +Declaration of Independence and Fourth of July oratory. Colonel +Cruikshanks's researches have proved how numerous they were and how +disaffected. Mrs Moodie found {164} them and the Americanized natives +just as disagreeable in Ontario as Mrs Trollope did in Cincinnati, and +for the same reasons. Except the Loyalists, all these elements were +divided in their political affections and ideals. Their leaders saw +only two possibilities. British connection was the sheet-anchor of the +old colonial Tories; but their vision of the country's future was an +aristocracy, a landed gentry, a decorous union of church and state--in +short, a colonial replica of old Tory England. On the other hand, the +Radical leaders, French and English alike, saw before them only an +independent republic, or fusion with the United States. How limited +was the vision of both time has made blindingly clear. The instinct of +the nascent nation decided for the golden mean, and chose the middle +path. Canada has stood firm by the Empire--how firm let the +blood-soaked trenches of Flanders attest--and yet she had stood just as +firmly by the creed of democracy and her determination to control her +own affairs. + +One son of the soil had a vision wider than that of his contemporaries. +Years before the rebellion the editor of a Halifax newspaper saw the +scattered, jarring British colonies {165} united under the old flag, +and bound together by fellowship within the Empire. He saw iron roads +spanning the continent and the white sails of Canadian commerce dotting +the Pacific. Canadians of this day see what Howe foresaw--the eye +among the blind. Let it be repeated. In those old days there were no +Canadians of Canada. Confederation had to be achieved, a new +generation had to be born and grow to manhood, before a national +sentiment was possible. These new Canadians saw little or nothing of +provinces with outworn feuds and divisions. They saw only the Dominion +of Canada. Their imagination was stirred by the ideal of half a +continent staked out for a second great experiment in democracy, of a +vast domain to be filled and subdued and raised to power by a new +nation. In spite of many faults and failures and disappointments, +Canadians have been true to that ideal. The Canada of to-day is +something far grander than the Mackenzies and Papineaus ever dreamed +of; she has disappointed the fears and exceeded the hopes of the +Durhams and the Elgins; and she stands on the threshold, as Canadians +firmly trust, of a more illustrious future. + + + + +{166} + +BIBLIOGRAPHICAL NOTE + +The following are a few of the works which should be consulted: + +Lord Durham, _Report on the Affairs of British North America_ (1839). + +Sir Francis Hincks, _Reminiscences_ (1884). + +Dent, _The Last Forty Years_ (1881). + +Reid, _Life and Letters of the First Earl of Durham_ (1906). + +Shortt, _Lord Sydenham_ (1908). + +Wrong, _The Earl of Elgin_ (1906). + +Bourinot, _Lord Elgin_ (1905). + +Walrond, _Letters and Journals of James, Eighth Earl of Elgin_ (1872). + +Leacock, _Baldwin, LaFontaine, Hincks_ (1907). + +Pope, _Memoirs of Sir John Macdonald_ (1894). + +_Canada and its Provinces_, vol. v (1913), the chapters by W. L. Grant, +J. L. Morison, Edward Kylie, Duncan M'Arthur, and Adam Shortt. + + +Consult also, for individual biographies of the various persons +mentioned in the narrative, Taylor, _Portraits of British Americans_ +(1865); Dent, _The Canadian Portrait Gallery_ (1880); and _The +Dictionary of National Biography_ (1903). + + + + +{167} + +INDEX + + +Annexation movement of 1849, the, 133-6. + +Arthur, Sir George, his severity, 30. + +Assembly: the first election after Union, 57-8; composition of parties, +58; the Baldwin incident, 59-61; measures passed, 61, 63-4; majority +rule principle, 62-3; the Draper government defeated, 76, 115-17; -- +LaFontaine-Baldwin (Reform) Administration, 76-7, 79-80, 84, 85-7; +placemen removed from Assembly, 87; the Common Schools Act, 88; +University of Toronto, 89-90, 106-7; the Metcalfe Crisis, 90-3; -- +Draper (Tory) Administration, 93-4, 101; -- LaFontaine-Baldwin (the +Great) Administration, 101-3, 106, 109-12; 142-3; Municipal +Corporations Act, 107-9; Rebellion Losses Bill, 117-18, 119-27; a +breeze in the House, 119-120; Clergy Reserves, 139; Seigneurial Tenure, +141; -- Hincks-Morin Administration, 143; a business man's government, +144-5, 155-6; -- MacNab (Liberal-Conservative) Administration, 157. + + +Bagot, Sir Charles, governor-general, 74-5, 79; forms a coalition +government, 75-6; his death a reproach to Canada, 80-1. + +Baldwin, Robert, 68-9; a Moderate Reformer, 40, 69-70, 71-2; his cool +proposal to Sydenham, 60-1; his association with LaFontaine, 66, 74, +77-8, 101-2, 118; his first administration, 77-8, 85, 80-90; the +Metcalfe peerage, 95; the Great Administration, 101-2, 106-8, 118, 120, +139; resigns the leadership, 142; retires from public life, 143. + +Baldwin, W. W., 68-9; president of Constitutional Reform Society, 71. + +Blake, W. H., causes an uproar in the House, 119-20; burned in effigy, +120. + +Bouchette, Robert, 15. + +Brougham, Lord, his malign attacks on Durham, 8, 16-17, 20; burned in +effigy in Quebec, 18. + +Brown, George, the Protestant champion, 143-4. + +Brown, Thomas Storrow, 4. + +Bruce, Colonel, wounded in the attack on Lord Elgin, 129. + +Buller, Charles, 8; with Durham in Canada, 19. + + +Canada, political development in, 3; strained relations with United +States, 11-13, 25-8; Lord Durham's Report, 21-4; the 'Hunters' Lodges,' +25-8; political and financial situation in 1839, 30-1; the capital +city, 56-7, 86, 137, 130; the Irish famine of 1846-47, 101; Municipal +Corporations Act, 107-9; trade relations dislocated by Britain's +adoption of free trade, 109; the disturbances in connection with the +Rebellion Losses Bill, 112-31; the Annexation movement of 1849, 133-6; +boom periods, 137, 153, 161; assumes control of the postal system, 138; +separate schools, 138-9; attains full self-government, 139; her +interest in world affairs, 146; the Reciprocity Treaty, 147-8, 150-5, +110-11; the fishery question, 148-50, 152; Confederation, 161-2; and +the Empire, 162, 164. See Assembly and Responsible Government. + +Cartwright, Richard, and Hincks, 76. + +Cathcart, Lord, governor-general, 97-8. + +Church of England, and the Clergy Reserves, 43-4, 46, 47. + +Church of Scotland, and the Clergy Reserves, 44, 46, 47. + +'Clear Grit' party, the, 138, 142. + +Clergy Reserves question, the, 39, 42-6; Colborne's forty-four +parishes, 46, 71; Sydenham's solution, 47-8, 64; secularized, 139, 155. + +Colborne, Sir John, lieutenant-governor of Upper Canada, 46; quells the +Rebellion and acts as administrator in Lower Canada, 4, 8, 9, 16, 25, +38, 113; raised to the peerage, 33. + +Constitutional Reform Society, the, 71. + + +Disraeli, Benjamin, and Canada, 132. + +District Council Bill, the, 64. + +Draper, W. H., his administrations, 76, 93-4. + +Durham, Lord, his early career, 5-7; invested with extraordinary powers +in the governance of Canada, 4-5, 7-8; firmness with conciliation his +policy, 9; the composition of his councils, 9-10; takes prompt action +in connection with the border troubles, 11-13; proclaims a general +amnesty to the rebels, 14-15; the disallowance of his ordinance +banishing the ringleaders, 15-19; his resignation and departure, 17-18, +25, 29; posterity's judgment, 18-19; his dying words, 20; his +personality and family ties, 7, 8-9, 99; his enemy Lord Brougham, 8, +16-17, 20; his Report, 10-11, 19-24, 32, 35, 46, 68. + + +Elgin, Earl of, 98-9; a constitutional governor-general, 99-100, 101, +118, 123, 131, 147, 155; initiates the custom of reading the Speech in +both French and English, 103; the Rebellion Losses Bill, 121-3; +attacked by the mob on the occasions of giving his assent and on +receiving an Address, 124-5, 127-9; the Hermit of Monklands, 129, +130-1; on Annexation sentiment in Canada, 133, 135-6; negotiates the +Reciprocity Treaty with United States, 147, 150-152, 110; insulted in +the House, 155-6; his administrative triumph, 158-60; his gift of +oratory, 98, 151; his connection with Durham, 99. + +Ermatinger, Colonel, and the Montreal riots, 129. + + +Fishery question, the, 148-50, 152. + +Fleming, Sandford, his act of gallantry, 127. + + +Girouard, a rebel, 79. + +Gladstone, W. E., and Canada, 132. + +Glenelg, Lord, his incompetency, 32. + +Gosford, Lord, 72. + +Gourlay, Robert, and the Clergy Reserves, 45. + +Great Britain, and the 1837 rebellions, 4, 33; the Clergy Reserves, 48; +parliamentary procedure, 62; her free trade policy, 109; the Rebellion +Losses Bill, 132; Navigation Laws repealed, 137; her colonial policy, +140; the Great Exhibition, 145-6; the fishery question, 148-50, 152; +her sympathies with the South in the American Civil War, 154. + +Grey, Earl, and Durham, 6. + +Grey, Earl (son of above), and Elgin, 99, 136. + +Grey, Colonel, his mission of remonstrance, 13. + + +Harrison, S. B., leader of Sydenham's government, 62. + +Hincks, Francis, 70; a Reform leader, 40, 61; his many interests, 70-1; +his talent for affairs, 71-2, 74; minister of Finance, 76, 77, 132, +137, 157; his policy of protection, 87-8, 124; his railway policy, +111-112; precipitates a crisis, 124-5; the Clergy Reserves, 139; his +administration, 143, 156, 157; the Reciprocity Treaty, 147, 150, 110; +his valuable services, 137; governor of Barbados, 157. + +Howe, Joseph, and responsible government, 51; and railways, 111; his +recruiting mission, 146; his vision of Canada's future, 164-5. + +'Hunters' Lodges,' the, 13, 25-8. + + +Kingston, as the capital, 56-7, 58, 86, 94; Sydenham's tomb, 65. + + +LaFontaine, L. H., his early career and appearance, 72-4; his +association with Baldwin, 66, 74, 77-8, 101-2, 118; his first ministry, +77-8, 85, 87, 93; the Great Administration, 101-2, 117-18, 127, 129, +139, 141; his crushing reply to Papineau's onslaught, 103-5; resigns, +142; chief justice for Lower Canada, 143. + +Liberal party, a split in the ranks, 137-8. See Reform. + +Liberal-Conservative party, the, 157-8. + +Lount, Samuel, his execution, 30. + +Lower Canada, racial feeling in, 22; the Rebellion, 3, 4, 25, 28-30; +Durham's amnesty and ordinance, 14-19; Durham's Report, 21-3; political +state before Union, 50; the Registry Act, 56; the opposition to Union, +57, 62, 68, 93; amnesty to all political offenders, 103; the Rebellion +Losses Bill, 112-14, 116-17; Seigneurial Tenure, 140-1. See Quebec and +Special Council. + + +Macaulay, Lord, quoted, 20, 79, 83, 96. + +Macdonald, John A., his entry into politics, 93, 101; 'a British +subject I will die,' 135; attorney-general, 157; his +Liberal-Conservative administration, 158, 144. + +Macdonald, J. S., his studied insult, 156, 157. + +Mackenzie, W. L., incites anti-British feeling in the States, 12, 26; +granted amnesty and returns to Canada, 118-19, 120, 142. + +MacNab, Sir Allan, leader of the Conservative Opposition, 86, 101; +Speaker, 94; gives 'the lie with circumstance,' 119-20, 125; his +tribute to Baldwin, 142; prime minister, 157. + +Marcy, W. L., and reciprocity with Canada, 151. + +Melbourne, Lord, and Durham, 17. + +Metcalfe, Sir Charles, his early career, 82-3; his arrival at Kingston, +81; upholds the prerogative of the Crown, 84-6, 87; refuses to +surrender right of appointment, 90-1; triumphs over the Reformers, +92-4; his peerage and death, 95-6. + +Montreal, 124, 137; as the capital, 86, 94; the riots in connection +with the passing of the Indemnity Bill, 120-1; the burning of the +Parliament Buildings, 124-7, 1; the attacks on Lord Elgin, 124-5, +128-9; the capital no more, 130; the Annexation Association, 134-5. + +Morin, A. N., Speaker of the Assembly, 102; his administration, 143. + +Municipal system of Canada, the, 55-6, 64; the Municipal Corporations +Act, 107-9; municipalities and railways, 145. + +Murdoch, T. W. C., secretary to Sydenham, 37. + + +Neilson, John, his policy of obstruction, 62, 68. + +Nelson, Robert, proclaims a Canadian republic, 29. + +Nelson, Wolfred, a Rebellion leader, 15, 93; his claim for indemnity, +119. + +New Brunswick, Sydenham's visit to, 52. + +Nova Scotia, the struggle for responsible government in, 51; the rise +of the colleges, 88-9; the fishery question, 149-50, 152. + + +O'Callaghan, E. B., a rebel leader, 104. + +Oliphant, Laurence, and the Reciprocity negotiations, 150, 152. + +Ontario, Sydenham's tour in, 53-4; its municipal system, 55, 64. See +Upper Canada. + +Orange Society, the, 87. + +Ottawa, the capital city, 130. + + +Papineau, D. B., 93. + +Papineau, L. J., takes refuge in France after Rebellion, 103-4; returns +to the House, claiming and receiving arrearage of salary as Speaker, +104; his uncompromising attitude towards the Union, 104-6, 118, 138, +141, 157; his retiral, 157, 106. + +Paquin, Father, petitions for indemnity, 112-13. + +Politics, the game of, 1-2, 67, 76, 77; an old-time election, 77-8. + + +Quebec, its municipal system, 55, 64; the seat of government, 137, 155. +See Lower Canada. + + +Railway building in Canada, 111-12, 144-5. + +Rebellion Losses Bill, the, 112-118, 132; the violent scenes in +connection with, 119-31. + +Reciprocity Treaty of 1854, the, 110-11, 147-55. + +Reform party, the, supports Sydenham, 38, 40, 60-1; the Clergy +Reserves, 47; opposes Bagot's coalition, 76; the struggle with +Metcalfe, 86, 90-3, 95; the Great Administration, 101; Liberals and +'Clear Grits,' 137-8; Liberal-Conservatives, 157-8. + +Registry Act, the, 56. + +Reid, Stuart J., on the authorship of Durham's Report, 20. + +Responsible Government: Durham's remedy, 24; Sydenham's campaign of +education, 41, 58-9, 67; Howe's achievement, 51; majority rule, 62-3, +79; the Executive beg-in to presume, 84; the difficulty of reconciling +with the colonial status, 84-5; placemen removed from Assembly, 87; +education of the democracy, 88; right of appointment, 90-91; the +difficulty of government with a small majority, 100; from colony to +free equal state, 161-2. + +Rouge party, the, 138. + +Russell, Lord John, colonial secretary, 32, 55. + + +Seigneurial tenure, 140-1, 155; abolished, 141. + +Sherwood, Henry, solicitor-general, 76. + +Special Council of Quebec, and Sydenham, 38, 49-50, 55, 56, 114-15. + +Strachan, Bishop, 69; and the Clergy Reserves, 46, 47; his crusade +against Baldwin's 'godless institution,' 90. + +Stuart, James, chief justice of Lower Canada, 37, 50. + +Sullivan, R. B., a Reform leader, 70, 77. + +Sydenham, Lord, 68. See Thomson. + + +Thomson, Charles Poulett, his early career and personality, 33-8; his +mission of Union of the Canadas, 38-40, 68; his responsible government +campaign of education, 41-2; the Clergy Reserves, 42, 47-8; on +political and financial conditions in Canada, 48-50, 32; his triumphal +progress, 50-4; his vision of Ontario, 54; Baron Sydenham, 54-5; +initiates Canada's municipal system, 55-6; the first Union Assembly, +58-9, 61, 63-4; the Baldwin incident, 60-1; majority rule, 62-3; his +five great works, 63-4; G.C.B., 59; his tragic and heroic end, 64-5. + +Toronto, 1; the founding of the University, 89-90, 106-7; scenes in +connection with the Indemnity Bill, 120-1; the seat of government, 137. + +Turton, Thomas, with Durham in Canada, 8. + + +Union Act of 1840, the, 54-5. + +United Empire Loyalists, the, 163. + +United States: American detestation of the British, 11-13; 'Hunters' +Lodges,' 25-28; her mistaken views regarding Canada, 121, 133-6; her +elective system of government, 138; her educational system, 139; the +Reciprocity Treaty with Canada, 147-8, 150-5, 110-11; the fishery +question, 148-50, 152; the Civil War, 148, 153, 154. + +University of Toronto, the founding of, 89-90, 106-7. + +Upper Canada: its political and financial state prior to Union, 23, +31-2, 38-9, 48-9, 114, 115; the execution of the Rebellion leaders, 30; +Opposition to Union, 33, 57; the terms of Union, 40; Clergy Reserves, +45; Sydenham's tour, 53-4; the rise of the colleges, 88-90; the +Metcalfe Crisis, 93. + + +Van Buren, President, and Durham, 13. + +Victoria, Queen, 75, 136. + +Viger, 'Beau,' 93. + +Von Shoultz, his chivalrous sacrifice, 27-8. + + +Wakefield, Edward Gibbon, with Durham, 8. + + + + + Printed by T. and A. Constable, Printers to His Majesty + at the Edinburgh University Press + + + + + + + + + +End of the Project Gutenberg EBook of The Winning of Popular Government, by +Archibald Macmechan + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WINNING OF POPULAR GOVERNMENT *** + +***** This file should be named 30470-8.txt or 30470-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/0/4/7/30470/ + +Produced by Al Haines + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/30470-8.zip b/30470-8.zip Binary files differnew file mode 100644 index 0000000..a8e086f --- /dev/null +++ b/30470-8.zip diff --git a/30470-h.zip b/30470-h.zip Binary files differnew file mode 100644 index 0000000..cb89e6b --- /dev/null +++ b/30470-h.zip diff --git a/30470-h/30470-h.htm b/30470-h/30470-h.htm new file mode 100644 index 0000000..c316737 --- /dev/null +++ b/30470-h/30470-h.htm @@ -0,0 +1,5257 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<HTML> +<HEAD> + +<META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=iso-8859-1"> + +<TITLE> +The Project Gutenberg E-text of The Winning of Popular Government, +by Archibald Macmechan +</TITLE> + +<STYLE TYPE="text/css"> +BODY { color: Black; + background: White; + margin-right: 10%; + margin-left: 10%; + font-family: "Times New Roman", serif; + text-align: justify } + +P {text-indent: 4% } + +P.noindent {text-indent: 0% } + +P.poem {text-indent: 0%; + margin-left: 10%; + font-size: small } + +P.letter {text-indent: 0%; + font-size: small ; + margin-left: 10% ; + margin-right: 10% } + +P.block {text-indent: 4%; + font-size: small ; + margin-left: 4% ; + margin-right: 0% } + +P.footnote {font-size: 80%; + text-indent: 0% ; + margin-left: 10% ; + margin-right: 10% } + +P.index {font-size: small ; + text-indent: -5% ; + margin-left: 5% ; + margin-top: 0% ; + margin-bottom: 0% ; + margin-right: 0% } + +P.intro {font-size: medium ; + text-indent: -5% ; + margin-left: 5% ; + margin-right: 0% } + +P.finis { font-size: larger ; + text-align: center ; + text-indent: 0% ; + margin-left: 0% ; + margin-right: 0% } + +H3.h3left { margin-left: 0%; + margin-right: 1%; + margin-bottom: .5% ; + margin-top: 0; + float: left ; + clear: left ; + text-align: center } + +H3.h3right { margin-left: 1%; + margin-right: 0 ; + margin-bottom: .5% ; + margin-top: 0; + float: right ; + clear: right ; + text-align: center } + +H3.h3center { margin-left: 0; + margin-right: 0 ; + margin-bottom: .5% ; + margin-top: 0; + float: none ; + clear: both ; + text-align: center } + +H4.h4left { margin-left: 0%; + margin-right: 1%; + margin-bottom: .5% ; + margin-top: 0; + float: left ; + clear: left ; + text-align: center } + +H4.h4right { margin-left: 1%; + margin-right: 0 ; + margin-bottom: .5% ; + margin-top: 0; + float: right ; + clear: right ; + text-align: center } + +H4.h4center { margin-left: 0; + margin-right: 0 ; + margin-bottom: .5% ; + margin-top: 0; + float: none ; + clear: both ; + text-align: center } + +H5.h5left { margin-left: 0%; + margin-right: 1%; + margin-bottom: .5% ; + margin-top: 0; + float: left ; + clear: left ; + text-align: center } + +H5.h5right { margin-left: 1%; + margin-right: 0 ; + margin-bottom: .5% ; + margin-top: 0; + float: right ; + clear: right ; + text-align: center } + +H5.h5center { margin-left: 0; + margin-right: 0 ; + margin-bottom: .5% ; + margin-top: 0; + float: none ; + clear: both ; + text-align: center } + +IMG.imgleft { float: left; + clear: left; + margin-left: 0; + margin-bottom: 0; + margin-top: 1%; + margin-right: 1%; + padding: 0; + text-align: center } + +IMG.imgright {float: right; + clear: right; + margin-left: 1%; + margin-bottom: 0; + margin-top: 1%; + margin-right: 0; + padding: 0; + text-align: center } + +IMG.imgcenter { margin-left: auto; + margin-bottom: 0; + margin-top: 1%; + margin-right: auto; } + +.pagenum { position: absolute; + left: 1%; + font-size: 95%; + text-align: left; + text-indent: 0; + font-style: normal; + font-weight: normal; + font-variant: normal; } + +.sidenote { left: 0%; + font-size: 65%; + text-align: left; + text-indent: 0%; + width: 17%; + float: left; + clear: left; + padding-left: 0%; + padding-right: 2%; + padding-top: 2%; + padding-bottom: 2%; + font-style: normal; + font-weight: normal; + font-variant: normal; } + +</STYLE> + +</HEAD> + +<BODY> + + +<pre> + +Project Gutenberg's The Winning of Popular Government, by Archibald Macmechan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Winning of Popular Government + A Chronicle of the Union of 1841 + +Author: Archibald Macmechan + +Release Date: November 13, 2009 [EBook #30470] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WINNING OF POPULAR GOVERNMENT *** + + + + +Produced by Al Haines + + + + + +</pre> + + +<BR><BR> + +<A NAME="img-front"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-front.jpg" ALT="Burning of the Parliament Buildings, Montreal, 1849. From a colour drawing by C. W. Jefferys" BORDER="2" WIDTH="480" HEIGHT="725"> +<H4 CLASS="h4center" STYLE="width: 480px"> +Burning of the Parliament Buildings, Montreal, 1849. <BR> +From a colour drawing by C. W. Jefferys +</H4> +</CENTER> + +<BR><BR><BR> + +<H1 ALIGN="center"> +THE WINNING OF +<BR> +POPULAR GOVERNMENT +</H1> + +<BR> + +<H2 ALIGN="center"> +A Chronicle of the Union of 1841 +</H2> + +<BR> + +<H3 ALIGN="center"> +BY +</H3> + +<H2 ALIGN="center"> +ARCHIBALD MACMECHAN +</H2> + +<BR><BR><BR> + +<H3 ALIGN="center"> +TORONTO +<BR> +GLASGOW, BROOK & COMPANY +<BR> +1916 +</H3> + +<BR><BR><BR> + +<H5 ALIGN="center"> +Copyright in all Countries subscribing to<BR> +the Berne Convention<BR> +</H5> + +<BR><BR><BR> + +<H3 ALIGN="center"> +TO<BR> +<BR> +ROBERT ALEXANDER FALCONER<BR> +<BR> +PRESIDENT OF THE UNIVERSITY OF TORONTO<BR> +STUDENT OF HISTORY AND ENCOURAGER<BR> +OF HISTORIANS<BR> +</H3> + +<BR><BR><BR> + +<SPAN CLASS="pagenum">{<A NAME="Pix"></A>ix}</SPAN> + +<H2 ALIGN="center"> +CONTENTS +</H2> + +<TABLE ALIGN="center" WIDTH="80%"> +<TR> +<TD ALIGN="right" VALIGN="top" WIDTH="10%"> </TD> +<TD ALIGN="left" VALIGN="top" WIDTH="80%"> </TD> +<TD ALIGN="right" VALIGN="top" WIDTH="10%">Page</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top">I. </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#chap01">DURHAM THE DICTATOR</A> +</TD> +<TD ALIGN="right" VALIGN="top">1</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top">II. </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#chap02">POULETT THOMSON, PEACEMAKER</A> +</TD> +<TD ALIGN="right" VALIGN="top">25</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top">III. </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#chap03">REFORM IN THE SADDLE</A> +</TD> +<TD ALIGN="right" VALIGN="top">66</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top">IV. </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#chap04">THE GREAT ADMINISTRATION</A> +</TD> +<TD ALIGN="right" VALIGN="top">97</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top">V. </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#chap05">THE PRINCIPLE ESTABLISHED</A> +</TD> +<TD ALIGN="right" VALIGN="top">132</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top"> </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#epilogue">EPILOGUE</A> +</TD> +<TD ALIGN="right" VALIGN="top">161</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top"> </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#biblio">BIBLIOGRAPHICAL NOTE</A> +</TD> +<TD ALIGN="right" VALIGN="top">166</TD> +</TR> + +<TR> +<TD ALIGN="right" VALIGN="top"> </TD> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#index">INDEX</A> +</TD> +<TD ALIGN="right" VALIGN="top">167</TD> +</TR> + +</TABLE> + +<BR><BR><BR> + +<SPAN CLASS="pagenum">{<A NAME="Pxi"></A>xi}</SPAN> + +<H2 ALIGN="center"> +ILLUSTRATIONS +</H2> + +<TABLE ALIGN="center" WIDTH="90%"> +<TR> +<TD ALIGN="left" VALIGN="top" WIDTH="80%"> +<A HREF="#img-front">BURNING OF THE PARLIAMENT BUILDINGS, MONTREAL, 1849</A><BR> + From a colour drawing by C. W. Jefferys. +</TD> +<TD ALIGN="right" VALIGN="top" WIDTH="20%"> +<I>Frontispiece</I> +</TD> +</TR> + +<TR> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#img-006">THE EARL OF DURHAM </A><BR> + After the painting by Sir Thomas Lawrence. +</TD> +<TD ALIGN="right" VALIGN="top"> +<I>Facing page</I> 6 +</TD> +</TR> + +<TR> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#img-034">LORD SYDENHAM</A><BR> + From an engraving by G. Browning in M'Gill + University Library. +</TD> +<TD ALIGN="right" VALIGN="top"> + " + 34 +</TD> +</TR> + +<TR> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#img-074">SIR CHARLES BAGOT</A><BR> + From an engraving in the Dominion Archives. +</TD> +<TD ALIGN="right" VALIGN="top"> + " + 74 +</TD> +</TR> + +<TR> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#img-082">SIR CHARLES METCALFE</A><BR> + After a painting by Bradish. +</TD> +<TD ALIGN="right" VALIGN="top"> + " + 82 +</TD> +</TR> + +<TR> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#img-098">CHARLES, EARL GREY</A><BR> + From the painting by Sir Thomas Lawrence. +</TD> +<TD ALIGN="right" VALIGN="top"> + " + 98 +</TD> +</TR> + +<TR> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#img-118">SIR LOUIS H. LAFONTAINE</A><BR> + After a photograph by Notman. +</TD> +<TD ALIGN="right" VALIGN="top"> + " + 108 +</TD> +</TR> + +<TR> +<TD ALIGN="left" VALIGN="top"> +<A HREF="#img-136">THE EARL OF ELGIN</A><BR> + From a daguerreotype. +</TD> +<TD ALIGN="right" VALIGN="top"> + " + 136 +</TD> +</TR> + +</TABLE> + +<BR><BR><BR> + +<A NAME="chap01"></A> + +<SPAN CLASS="pagenum">{<A NAME="P1"></A>1}</SPAN> + +<H3 ALIGN="center"> +CHAPTER I +</H3> + +<H4 ALIGN="center"> +DURHAM THE DICTATOR +</H4> + +<P CLASS="poem" STYLE="margin-left: 20%"> +And let him be dictator<BR> +For six months and no more.<BR> +</P> + +<P> +The curious sightseer in modern Toronto, conducted through the +well-kept, endless avenues of handsome dwellings which are that city's +pride, might be surprised to learn that at the northern end of the +street which cuts the city in two halves, east and west, bands of armed +Canadians met in battle less than a century ago. If he continued his +travels to Montreal, he might be told, at a certain point, 'Here stood +the Parliament Buildings, when our city was the capital of the country; +and here a governor-general of Canada was mobbed, pelted with rotten +eggs and stones, and narrowly escaped with his life.' And if the +intelligent traveller asked the reason for such scenes, where now all +is peace, the answer might be given in one word—Politics. +</P> + +<P> +To the young, politics seems rather a stupid +<SPAN CLASS="pagenum">{<A NAME="P2"></A>2}</SPAN> +sort of game played by +the bald and obese middle-aged, for very high stakes, and governed by +no rules that any player is bound to respect. Between the rival teams +no difference is observable, save that one enjoys the sweets of office +and the mouth of the other is watering for them. But this is, of +course, the hasty judgment of uncharitable youth. The struggle between +political parties in Canada arose in the past from a difference in +political principles. It was a difference that could be defined; it +could be put into plain words. On the one side and the other the +guiding ideas could be formulated; they could be defended and they +could be attacked in logical debate. Sometimes it might pass the wit +of man to explain the difference between the Ins and the Outs. +Sometimes politics may be a game; but often it has been a battle. In +support of their political principles the strongest passions of men +have been aroused, and their deepest convictions of right and wrong. +The things by which men live, their religious creeds, their pride of +race, have been enlisted on the one side and the other. This is true +of Canadian politics. +</P> + +<P> +That ominous date, 1837, marks a certain climax or culmination in the +political +<SPAN CLASS="pagenum">{<A NAME="P3"></A>3}</SPAN> +development of Canada. The constitution of the country +now works with so little friction that those who have not read history +assume that it must always have worked so. There is a real danger in +forgetting that, not so very long ago, the whole machinery of +government in one province broke down, that for months, if not for +years, it looked as if civil government in Lower Canada had come to an +end, as if the colonial system of Britain had failed beyond all hope. +<I>Deus nobis haec otia fecit</I>. But Canada's present tranquillity did +not come about by miracle; it came about through the efforts of faulty +men contending for political principles in which they believed and for +which they were even ready to die. The rebellions of 1837 in Upper and +Lower Canada, and what led up to them, the origins and causes of these +rebellions, must be understood if the subsequent warfare of parties and +the evolution of the scattered colonies of British North America into +the compact united Dominion of Canada are not to be a confused and +meaningless tale.[<A NAME="chap01fn1text"></A><A HREF="#chap01fn1">1</A>] +</P> + +<SPAN CLASS="pagenum">{<A NAME="P4"></A>4}</SPAN> + +<P> +Futile and pitiful as were the rebellions, whether regarded as attempts +to set up new government or as military adventures, they had widespread +and most serious consequences within and without the country. In +Britain the news caused consternation. Two more American colonies were +in revolt. Battles had been fought and British troops had been +defeated. These might prove, as thought Storrow Brown, one of the +leaders of the 'Sons of Liberty' in Lower Canada, so many Lexingtons, +with a Saratoga and a Yorktown to follow. Sir John Colborne, the +commander-in-chief, was asking for reinforcements. In Lower Canada +civil government was at an end. There was danger of international +complications. For disorders almost without precedent the British +parliament found an almost unprecedented remedy. It invested one man +with extraordinary powers. He was to be captain-general and +commander-in-chief over the provinces of British North America, and +also 'High Commissioner for the adjustment of certain important +questions depending in the ... Provinces of Lower and Upper Canada +respecting the form and future government of the said Provinces.' He +was given 'full power and authority ... by +<SPAN CLASS="pagenum">{<A NAME="P5"></A>5}</SPAN> +all lawful ways and +means, to inquire into, and, as far as may be possible, to adjust all +questions ... respecting the Form and Administration of the Civil +Government' of the provinces as aforesaid. These extraordinary powers +were conferred upon a distinguished politician in the name of the young +Queen Victoria and during her pleasure. The usual and formal language +of the commission, 'especial trust and confidence in the courage, +prudence, and loyalty' of the commissioner, has in this case deep +meaning; for courage, prudence, and loyalty were all needed, and were +all to be put to the test. +</P> + +<P> +The man born for the crisis was a type of a class hardly to be +understood by the Canadian democracy. He was an aristocratic radical. +His recently acquired title, Lord Durham, must not be allowed to +obscure the fact that he was a Lambton, the head of an old county +family, which was entitled by its long descent to look down upon half +the House of Peers as parvenus. At the family seat, Lambton Castle, in +the county of Durham, Lambton after Lambton had lived and reigned like +a petty prince. There John George was born in August 1792. His father +had been a Whig, a consistent friend of Charles James +<SPAN CLASS="pagenum">{<A NAME="P6"></A>6}</SPAN> +Fox, at a +time when opposition to the government, owing to the wars with France, +meant social ostracism; and he had refused a peerage. The son had +enjoyed the usual advantages of the young Englishman in his position. +He had been educated at Eton and at the university of Cambridge. Three +years in a crack cavalry regiment at a time when all England was under +arms could have done little to lessen his feeling for his caste. A +Gretna Green marriage with an heiress, while he was yet a minor, is +characteristic of his impetuous temperament, as is also a duel which he +fought with a Mr Beaumont in 1820 during the heat of an election +contest. After the period of political reaction following Waterloo, +reaction in which all Europe shared, England proceeded on the path of +reform towards a modified democracy; and Lambton, entering parliament +at the lucky moment, found himself on the crest of the wave. His Whig +principles had gained the victory; and his personal ability and energy +set him among the leaders of the new reform movement. He was a +son-in-law of Earl Grey, the author of the Reform Bill of 1832, and he +became a member of the Grey Cabinet. Before the Canadian crisis he had +shown his +<SPAN CLASS="pagenum">{<A NAME="P7"></A>7}</SPAN> +ability to cope with a difficult situation in a +diplomatic mission to Russia, where he is said to have succeeded by the +exercise of tact. He was nicknamed 'Radical Jack,' but any one less +'democratic,' as the term is commonly understood, it would be hard to +find. He surrounded himself with almost regal state during his brief +overlordship of Canada. In Quebec, at the Castle of St Louis, he lived +like a prince. Many tales are told of his arrogant self-assertion and +hauteur. In person he was strikingly handsome. Lawrence painted him +when a boy. He was an able public speaker. He had a fiery temper +which made co-operation with him almost impossible, and which his weak +health no doubt aggravated. He was vain and ambitious. But he was +gifted with powers of political insight. He possessed a febrile energy +and an earnest desire to serve the common weal. Such was the physician +chosen by the British government to cure the cankers of misrule and +disaffection in the body politic of Canada. +</P> + +<A NAME="img-006"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-006.jpg" ALT="The Earl of Durham. After the painting by Sir Thomas Lawrence." BORDER="2" WIDTH="476" HEIGHT="627"> +<H4 CLASS="h4center" STYLE="width: 476px"> +The Earl of Durham. <BR> +After the painting by Sir Thomas Lawrence. +</H4> +</CENTER> + +<P> +Lord Durham received his commission in March 1838. But, though the +need was urgent for prompt action, he did not immediately set out for +Canada. For the delay +<SPAN CLASS="pagenum">{<A NAME="P8"></A>8}</SPAN> +he was criticized by his political +opponents, particularly by Lord Brougham, once his friend, but now his +bitterest enemy. On the twenty-fourth of April, however, Durham sailed +from Plymouth in H.M.S. <I>Hastings</I> with a party of twenty-two persons. +Besides his military aides for decorative purposes, he brought in his +suite some of the best brains of the time, Thomas Turton, Edward Gibbon +Wakefield, and Carlyle's gigantic pupil, Charles Buller. It is +characteristic of Durham that he should bring a band of music with him +and that he should work his secretaries hard all the way across the +Atlantic. On the twenty-ninth of May the <I>Hastings</I> was at Quebec. +Lord Durham was received by the acting administrator, Sir John +Colborne, and conducted through the crowded streets between a double +hedge of soldiery to the Castle of St Louis, the vice-regal residence. +</P> + +<P> +If Durham had been slow in setting out for the scene of his labours, he +wasted no time in attacking his problems upon his arrival in Canada. +'Princely in his style of living, indefatigable in business, energetic +and decided, though haughty in manner, and desirous to benefit the +Canadas,' is the +<SPAN CLASS="pagenum">{<A NAME="P9"></A>9}</SPAN> +judgment of a contemporary upon the new ruler. On +the day he was sworn to office he issued his first proclamation. Its +most significant statements are: 'The honest and conscientious +advocates of reform ... will receive from me, without distinction of +party, race, or politics, that assistance and encouragement which their +patriotism has a right to command ... but the disturbers of the public +peace, the violators of the law, the enemies of the Crown and of the +British Empire will find in me an uncompromising opponent, determined +to put in force against them all the powers civil and military with +which I have been invested.' It was a policy of firmness united to +conciliation that Durham announced. He came bearing the sheathed sword +in one hand and the olive branch in the other. The proclamation was +well received; the Canadians were ready to accept him as 'a friend and +arbitrator.' He was to earn the right to both titles. +</P> + +<P> +Durham was determined to begin with a clean slate. With a +characteristic disregard for precedent, he dismissed the existing +Executive Council as well as Colborne's special band of advisers, and +formed two new councils in their place, consisting of +<SPAN CLASS="pagenum">{<A NAME="P10"></A>10}</SPAN> +members of +his personal staff, military officers, Canadian judges, the provincial +secretary, and the commissary-general. Together they formed a +committee of investigation and advice; and, being composed of both +local and non-local elements, it was a committee specially fitted to +supply the necessary information, and to judge all questions +dispassionately from an outside point of view. This committee acting +with the High Commissioner took the place of regular constitutional +government in Lower Canada. It was an arbitrary makeshift adopted to +meet a crisis. +</P> + +<P> +During the long, tedious voyage of the <I>Hastings</I> the High Commissioner +had not been idle. He had worked steadily for many hours a day at the +knotty Canadian question, studying papers, drafting plans, discussing +point after point with his secretaries. Once in the country, he set to +work in the most thoroughgoing and systematic way to gather further +knowledge. He appointed commissions to report on all special problems +of government—education, immigration, municipal government, the +management of the crown lands. He obtained reports from all sources; +he conferred with men of all shades +<SPAN CLASS="pagenum">{<A NAME="P11"></A>11}</SPAN> +of political opinion; he +called representative deputations from the uttermost regions under his +sway; he made a flying visit to Niagara in order to see the country +with his own eyes and to study conditions. Such labours were beyond +the capacity of any one man; but Durham was ably supported by his band +of loyal helpers and a public eager to co-operate. The result of all +this activity was the amassing of the priceless data from which was +formed the great document known as Lord Durham's Report. +</P> + +<P> +It is generally overlooked that at this period Canada stood in danger +from external as well as internal enemies. Hardly had Durham landed at +Quebec when there occurred a series of incidents which might have led +to war between Great Britain and the United States. A Canadian +passenger steamer, the <I>Sir Robert Peel</I>, sailing from Prescott to +Kingston, was boarded at Wells Island by one 'Bill' Johnson and a band +of armed men with blackened faces. The passengers and crew were put +ashore without their effects, and the steamer was set on fire and +destroyed. Very soon afterwards an American passenger steamer was +fired on by over-zealous sentries at Brockville. Together +<SPAN CLASS="pagenum">{<A NAME="P12"></A>12}</SPAN> +the +twin outrages were almost enough, in the state of feeling on both +sides, to set the Empire and the Republic by the ears. +</P> + +<P> +The significance of these and other similar incidents can only be +understood by recalling the mental attitude of Americans of the day. +They had a robust detestation of everything British. It is not grossly +exaggerated by Dickens in Martin Chuzzlewit. And that attitude was +entirely natural. The Americans had, or thought they had, beaten the +British in two wars. The very reason for the existence of their nation +was their opposition to British tyranny. They saw that tyranny in all +its balefulness blighting the two Canadas. They saw those oppressed +colonies rising, as they themselves had risen, against their +oppressors. To make the danger all the more acute, the exiled +Canadians, notably William Lyon Mackenzie, went from place to place in +the United States inciting the freeborn citizens of the Republic to aid +the cause of freedom across the line. There was precedent for +intervention. Just a year before the fight at St Charles, an American +hero, Sam Houston, had wrested the huge state of Texas from the misrule +of Mexico and founded a new and independent republic. +<SPAN CLASS="pagenum">{<A NAME="P13"></A>13}</SPAN> +Hence arose +the huge conspiracy of the 'Hunters' Lodges' all along the northern +border of the United States, of which more in the next chapter. +</P> + +<P> +Durham took prompt action. He offered a reward of a thousand pounds +for such information as should bring the guilty persons to trial in an +American, not a Canadian, court. Thereby he said in effect, 'This is +not an international affair. It is a plain offence against the laws of +the United States, and I am confident that the United States desires to +prevent such outrages.' He followed up this bold declaration of faith +in American justice by sending his brother-in-law, Colonel Grey of the +71st Regiment, to Washington to lay the facts before President Van +Buren and to remonstrate vigorously against the laxity which permitted +an armed force to organize within the borders of the Republic for an +attack upon its peaceful neighbour. Such laxity was against the law of +nations. As a result of Durham's spirited action, the military forces +on both sides of the boundary-line worked in concert to put down such +lawlessness. President Van Buren's attitude, however, cost him his +popularity in his own country. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P14"></A>14}</SPAN> + +<P> +The most pressing and most thorny question was how to deal with the +hundreds of prisoners who, since the rebellion, had filled the Canadian +jails. A large number of these were only suspected of treason; some +had been taken in the act of rebellion; and some were confined as +ringleaders, charged with crimes no government could overlook and hope +to survive. In some countries the solution would have been a simple +one: the prisoners would have been backed against the nearest wall and +fusilladed in batches, as the Communists were dealt with in Paris in +the red quarter of the year 1871. Even in Canada there were hideous +cries for bloody reprisals. But the ingrained British habit of giving +the worst criminal a fair trial blocked such a ready and easy way of +restoring tranquillity. Still, a fair trial was impossible. In the +temper then prevailing in the province no French jury would condemn, no +English jury would acquit, a Frenchman charged with treason, however +great or slight his fault might prove to be. The process of trying so +many hundreds of prisoners would be simply so many examples of the +law's burdensome delay. To leave them to rot in prison, as King Bomba +left political offenders +<SPAN CLASS="pagenum">{<A NAME="P15"></A>15}</SPAN> +against his rule, was unthinkable. +Durham met the difficulty in a bold and merciful way. The young Queen +was crowned on June 28, 1838. Such an event is always a season of +rejoicing and an opportunity for exercising the royal clemency in the +liberation of captives. Following this excellent custom, Durham +proclaimed on that day an amnesty in his sovereign's name; and, in a +month after his arrival, he gave freedom to hundreds of unfortunates, +who had endured many hardships in the old, cruel jails of the time, in +addition to the tortures of suspense as to their ultimate fate. +</P> + +<P> +There were some who could not be so released. They were only eight in +number, but they were such men as Wolfred Nelson and Robert Bouchette, +whose treason was open and notorious. They knew, and Durham knew, that +they could not obtain a fair trial. Therefore the High Commissioner +overleapt the law, and by an ordinance banished these ringleaders to +Bermuda during Her Majesty's pleasure. Durham was much pleased at this +happy solution of a difficult and delicate problem. He congratulated +himself, as well he might, on having terminated a rebellion without +shedding a drop of blood. 'The +<SPAN CLASS="pagenum">{<A NAME="P16"></A>16}</SPAN> +guilty have received justice, the +misguided, mercy,' he wrote to the Queen, 'but at the same time, +security is afforded to the loyal and peaceable subjects of this +hitherto distracted Province.' Furthermore, his proceedings had been +'approved by all parties—Sir J. Colborne and all the British party, +the Canadians and all the French party.' Durham fancied that this +question was now settled, and that he could proceed unhampered with his +main task of reconstruction. But his justifiable satisfaction was not +to last long. +</P> + +<P> +While the High Commissioner was labouring in Canada, as few officials +have ever laboured, for the good of the Empire, his enemies and his +lukewarm friends in England were between them preparing his downfall. +Of his foes, the most bitter and unscrupulous was Brougham, a political +Ishmael, a curious compound of malignity and versatile intellectual +power. He had criticized Durham's delay in starting for Canada; and he +was only too glad of the handle which the autocratic, czar-like +ordinance of banishment to Bermuda offered him against his enemy. It +is nearly always in the power of a party politician to distort and +misrepresent the act +<SPAN CLASS="pagenum">{<A NAME="P17"></A>17}</SPAN> +of an opponent, however just or blameless +that act may be. Brougham made a great pother about the rights of +freemen, usurpation, dictatorship. As a lawyer he raised the legal +point, that Durham could not banish offenders from Canada to a colony +over which he had no jurisdiction. He enlisted other lawyers on his +side to attack the composition of Durham's council. The storm Brougham +raised might have done no harm, if Durham's political allies had stood +by him like men. But the prime minister Melbourne, always a timorous +friend, bent before the blast, and Durham's ordinance was disallowed. +The High Commissioner, who had been granted such great powers, was held +to have exceeded those powers. Durham belonged to the caste which felt +a stain upon its honour like a wound. The disallowance of his +ordinance by the home authorities was a blow fair in the face. It put +an end to his career in Canada, by undermining his authority. In those +days of slow communication the news of the disallowance reached him +tardily. By a side wind, from an American newspaper, he first learned +the fact on the twenty-fifth of September. He at once sent in his +resignation, told the +<SPAN CLASS="pagenum">{<A NAME="P18"></A>18}</SPAN> +people of Canada the reason why in a +proclamation, and as soon as possible left the country for ever. +Brougham was burned in effigy at Quebec. The lucky eight, already in +Bermuda, were speedily released. Never did leaders of an unsuccessful +rebellion suffer less for their indiscretion. From Bermuda they +proceeded to New York to renew their agitation. On the first of +November Durham left Quebec, as he had entered that city, with all the +pomp of military pageantry and in a universal display of public +interest. He came in a crisis; he left amid a crisis. He had spent +five months in office, almost the exact term for which the Romans chose +their chief magistrate in a national emergency and named him dictator. +</P> + +<BR> + +<P> +In the eyes of Durham's enemies his ordinance of banishment was a +ukase; and, at first blush, it looks like an unwarrantable stretching +of his powers. But Durham was on the ground and must necessarily have +known the conditions prevailing much better than his critics three +thousand miles away. Desperate diseases need desperate remedies. The +presumption is always that the man on the ground will be right; and +posterity has +<SPAN CLASS="pagenum">{<A NAME="P19"></A>19}</SPAN> +passed a final judgment of approval on Durham's bold +slashing of the Gordian knot. New facts have set the whole matter in a +new light. A paper of Buller's,[<A NAME="chap01fn2text"></A><A HREF="#chap01fn2">2</A>] hitherto unpublished, shows that +the ordinance was promulgated <I>only after consultation with the +prisoners</I>. 'The prisoners who expected the government to avail itself +of its power of packing a jury were very ready to petition to be +disposed of without trial, and as I had in the meantime ascertained +that the proposed mode of dealing with them would not be condemned by +the leading men of the British party, Lord Durham adopted the plan +proposed.' They regarded banishment as an unexpected mercy, as well +they might. The only alternative was the dock, the condemned cell, and +the gallows. +</P> + +<BR> + +<P> +On the thirtieth of November Durham landed at Plymouth, and by the +middle of the following January he had finished his Report. Early in +February it was printed and laid before the House of Commons. The +<SPAN CLASS="pagenum">{<A NAME="P20"></A>20}</SPAN> +curious legend which credits Buller with the authorship is traceable to +Brougham's spite. Macaulay and Brougham met in a London street. The +great Whig historian praised the Report. Brougham belittled it. 'The +matter,' he averred, 'came from a felon, the style from a coxcomb, and +the Dictator furnished only six letters, D-u-r-h-a-m.' The whole +question has been carefully discussed by Stuart J. Reid in his <I>Life +and Letters of the First Earl of Durham</I>, and the myth has been given +its quietus. Even if direct external evidence were lacking, a +dispassionate examination of the document itself would dispose of the +legend. In style, temper, and method it is in the closest agreement +with Durham's public dispatches and private letters. +</P> + +<P> +The drafting of this most notable of state papers was the last of +Durham's services to the Empire. A little more than a year later he +was dead and laid to rest in his own county. Fifty thousand people +attended his funeral. A mausoleum in the form of a Greek temple marks +his grave. The funds for this monument were raised by public +subscription, such was the force of popular esteem. His dying words +were prophetic: 'Canada will one day do justice to my memory.' +</P> + +<SPAN CLASS="pagenum">{<A NAME="P21"></A>21}</SPAN> + +<P> +The Report was Durham's legacy to his country. It defined once for all +the principles that should govern the relations of the colony with the +mother country, and laid the foundations of the present Canadian unity. +It did not please the factions in Canada; it was too plain-spoken. +Exception may be taken, even at the present day, to some of its +recommendations and conclusions. But its faithful pictures of 'this +hitherto turbulent colony' enable the historical student and the honest +patriot to measure the progress the country has since made on the road +to nationhood. If unpleasant, it is very easy reading. Few +parliamentary reports are closer packed with vital facts or couched in +clearer language. To the task of its composition the author brought +energy, insight, a sense of public duty, a desire to be fair, and, best +of all, an open mind, a perfect readiness to relinquish prepossessions +or prejudices in the face of fresh facts. His ample scheme of +investigation, as carried out by himself and his corps of able helpers, +had put him in control of a huge assemblage of data. On this he +reasoned with admirable results. +</P> + +<P> +The Report consists of four parts. The +<SPAN CLASS="pagenum">{<A NAME="P22"></A>22}</SPAN> +first, and by far the +largest, portion deals with Lower Canada, as the main storm centre. +The second is concerned with Upper Canada; the third, with the Maritime +Provinces and Newfoundland. Having diagnosed the disease in the body +politic, Durham proposes a remedy. The fourth part is an outline of +the curative process suggested. +</P> + +<P> +'I expected to find a contest between a government and a people; I +found two nations warring in the bosom of a single state.' In that one +sentence Durham precises the situation in Lower Canada. Nothing will +surprise the Canadian of to-day more than the evidence adduced of 'the +deadly animosity' which then existed between the two races. The very +children in the streets fought, French against English. Social +intercourse between the two was impossible. The Report shows the +historical origin and carefully traces the course of this 'deadly +animosity.' It finds much to admire in the character of the French +habitant, but spares neither his faults nor the shortcomings of his +political leaders. It shows that the original racial quarrel was +aggravated by the conduct of the governing officials, both at home and +in Canada, until the French took up arms. +<SPAN CLASS="pagenum">{<A NAME="P23"></A>23}</SPAN> +The consequences were +'evils which no civilized community can long continue to bear.' There +must be a 'decision'; and it must be 'prompt and final.' +</P> + +<P> +In Upper Canada Durham found a different situation. There the people +were not 'slavish tools of a narrow official clique or a few +purse-proud merchants,' but 'hardy farmers and humble mechanics +composing a very independent, not very manageable, and sometimes a +rather turbulent democracy.' The trouble was that a small party had +secured a monopoly of power and resisted the lawful efforts of moderate +reformers to establish a truly democratic form of government. +Ill-balanced extremists had taken up arms; but the sound political +instinct of the vast majority was against them. Here, too, the +original difficulties had been complicated by official ignorance in +England and the unwisdom of authorities on the spot. The result was +that these 'ample and fertile territories' were in a backward, almost +desperate, condition. Their poverty and stagnation were a depressing +contrast to the prosperity and exhilarating stir of the great American +democracy. +</P> + +<P> +The other outlying provinces presented no +<SPAN CLASS="pagenum">{<A NAME="P24"></A>24}</SPAN> +such serious problems. +There were various anomalies and difficulties; but they were on their +way to removal. +</P> + +<P> +The 'evils which no civilized community could bear' were to be cured by +a legislative union of the Canadas. The time had gone by for a federal +union. A door must be either open or shut; the French province must +become definitely a British province and find its place in the Empire. +To end the everlasting deadlock between the governor and the +representatives of the people, the Executive should be made responsible +to the Assembly; and, in order to bring the scattered provinces closer +together, an inter-colonial railway should be built. In other words, +the obsolete, bad system of colonial government must undergo radical +reform, both within and without, because 'while the present state of +things is allowed to last, the actual inhabitants of these provinces +have no security for person or property, no enjoyment of what they +possess, no stimulus to industry.' +</P> + +<P> +The story of how this reform was undertaken, and of how, in spite of +many obstacles, it was brought to a triumphant success, must always +remain one of the most important chapters in the political history of +Canada. +</P> + +<BR><BR> + +<A NAME="chap01fn1"></A> +<A NAME="chap01fn2"></A> + +<P CLASS="footnote"> +[<A HREF="#chap01fn1text">1</A>] The story of the rebellions will be found in two other volumes of +the present Series, <I>The Family Compact</I> and <I>The Patriotes of '37</I>, +For earlier cognate history see <I>The Father of British Canada</I> and <I>The +United Empire Loyalists</I>. +</P> + +<P CLASS="footnote"> +[<A HREF="#chap01fn2text">2</A>] A sketch of Lord Durham's mission to Canada in 1838, by Charles +Buller. See the edition of Lord Durham's Report edited, with an +introduction, by Sir C. P. Lucas: Oxford, 1912. The original document +was given to Dr Arthur G. Doughty, Dominion Archivist, by the present +Earl of Durham. +</P> + +<BR><BR><BR> + +<A NAME="chap02"></A> + +<SPAN CLASS="pagenum">{<A NAME="P25"></A>25}</SPAN> + +<H3 ALIGN="center"> +CHAPTER II +</H3> + +<H4 ALIGN="center"> +POULETT THOMSON, PEACEMAKER +</H4> + +<P> +Wounded and angry at what he considered an intolerable affront, Durham +had placed the reins of government in the firm hands of that fine old +soldier, Sir John Colborne, and had gone to speak with his enemies in +the gate. Not only was the cause of Canada left bleeding; but as soon +as Durham's back was turned, rebellion broke out once more. This +second outbreak arose from the support afforded the Canadian +revolutionists by American 'sympathizers.' The full story of the +'Hunters' Lodges' has never been told, and the sentiment animating that +organization has been quite naturally misunderstood and misrepresented +by Canadian historians. In the thirties of the nineteenth century +western New York was the 'frontier,' and it was peopled by wild, +illiterate frontiersmen, familiar with the use of the rifle and the +bowie-knife, bred in the Revolutionary +<SPAN CLASS="pagenum">{<A NAME="P26"></A>26}</SPAN> +tradition and nourished on +Fourth of July oratory to a hatred of everything British. The memories +of 1812 were fresh in every mind. These simple souls were told by +their own leaders and by political refugees from Canada, such as +William Lyon Mackenzie, that the two provinces were groaning under the +yoke of the 'bloody Queen of England,' that they were seething with +discontent, that all they needed was a little assistance from free, +chivalrous Americans and the oppressed colonists would shake off +British tyranny for ever. Appeal was made to less exalted sentiment. +Each patriot was to receive a handsome grant of land in the newly +gained territory. Accordingly, in the spring and summer of 1838, a +large scheme to give armed support to the republicans of Canada was +secretly organized all along the northern boundary of the United +States. It was a secret society of 'Hunters' Lodges,' with ritual, +passwords, degrees. Each 'Lodge,' was an independent local body, but a +band of organizers kept control of the whole series from New York to +Detroit. The 'Hunters' are uniformly called 'brigands' and 'banditti' +by the British regular officers who fought them, and the terms have +been +<SPAN CLASS="pagenum">{<A NAME="P27"></A>27}</SPAN> +handed on without critical examination by Canadian +historians; but not with justice. Misled though they were, the +'Hunters' looked upon Canada only as Englishmen looked upon Greece, or +Poland, or Italy struggling for political freedom: the sentiment, +though misdirected, was anything but ignoble. Acting upon this +sentiment, a Polish refugee, Von Shoultz, led a small force of +'Hunters,' boys and young men from New York State, in an attack on +Prescott, November 10, 1838. He succeeded in surprising the town and +in establishing himself in a strong position in and about the old +windmill, which is now the lighthouse. His position was technically a +'bridge-head,' and he defeated with heavy loss the first attempt to +turn him out of it. If he had been properly supported from the +American side of the river, and if the Canadians had really been ready +to rise <I>en masse</I> as he had been led to believe, the history of Canada +might have been changed. As it was, the invaders were cut off, and, on +the threat of bombardment with heavy guns, surrendered. Their leader +paid for his mistaken chivalry with his life on the gallows within old +Fort Henry at Kingston; and, +<SPAN CLASS="pagenum">{<A NAME="P28"></A>28}</SPAN> +in recognition of his error, he left +in his will a sum of money to benefit the families of those on the +British side who had lost their lives through his invasion. Of his +followers, some were hanged, some were transported to Tasmania, and +some were set free. During that winter the 'Hunters' made various +other attacks along the border, which were defeated with little effort. +Though now the danger seems to have been slight, it did not seem slight +to the rulers of the Canadas at that time. The numbers and the power +of the 'Hunters' were not known; the sympathy of the American people +was with them, especially while the filibusters were being tried at +drum-head court-martial and hanged; and there was imminent danger of +the United States being hurried by popular clamour into a war with +Great Britain. +</P> + +<P> +All through the summer of 1838 the rebel leaders in the United States +had been plotting for a new insurrection. They were by no means +convinced that their cause was lost. Disaffection was kept alive in +parts of Lower Canada and the habitants were fed with hopes that the +armed assistance of American sympathizers would ensure success for a +second attempt at independence. It may be +<SPAN CLASS="pagenum">{<A NAME="P29"></A>29}</SPAN> +the sheerest accident +of dates; but Durham took ship at Quebec on the first of November, and +Dr Robert Nelson was declared president of the Canadian republic at +Napierville on the fourth. A copy of Nelson's proclamation preserved +in the Archives at Ottawa furnishes clear evidence of the aims and +intentions of the Canadian radicals: they wanted nothing less than a +separate, independent republic, and they solemnly renounced allegiance +to Great Britain. At two points near the American boundary-line, +Napierville and Odelltown, the loyal militia and regulars clashed with +the rebels and dispersed them. Once more the jails were filled, which +the mercy of Durham had emptied. Once more the cry was raised for +rebel blood, and the winter sky was red with the flame of burning +houses which had sheltered the insurgents. Hundreds of French +Canadians fled across the border; and from this year dates the +immigration from Quebec into New England which has had such an +influence on its manufacturing cities and such a reaction on the +population which remained at home. Another fruit of this ill-starred +rebellion was the haunting dirge of Gérin-Lajoie, <I>Un Canadien errant</I>. +Twelve of the leaders were +<SPAN CLASS="pagenum">{<A NAME="P30"></A>30}</SPAN> +tried for treason, were found guilty, +and were hanged in Montreal. Some of these had been pardoned once for +their part in the rising of the previous year; some were implicated in +plain murder; all were guilty; but the chill deliberate formalities of +the gallows, the sufferings of the wretched men, their bearing on the +scaffold, the vain efforts to obtain reprieve, produced a strong +revulsion of popular feeling in their favour. By the common law of +nations they were traitors; but they are still named and accounted +'patriots.' +</P> + +<P> +At Toronto, Lount and Matthews, two of the rebel leaders of Upper +Canada, were hanged in the jail-yard on April 12, 1839. A petition for +mercy was set aside; Lount's wife on her knees begged the +lieutenant-governor to spare her husband's life, but in vain. Here, +too, public feeling was chiefly pity for the unfortunate. But these +executions did not satisfy the extremists. The lieutenant-governor, +Sir George Arthur, who had long been governor of the penal settlement +in Tasmania, was avowedly in favour of further severities; and vengeful +loyalists clamoured in support. All Durham's work seemed undone. The +political outlook of +<SPAN CLASS="pagenum">{<A NAME="P31"></A>31}</SPAN> +the Canadas in 1839 was, if anything, darker +and more hopeless than it had been two years before. +</P> + +<P> +Almost as grave as the political condition of the country was the +financial situation. The rebellions of '37 coincided with a +wide-spread financial crisis in the United States, which had its +inevitable reaction upon all business in Canada, and matters had gone +from bad to worse. By the summer of 1839 Upper Canada—the present +rich and prosperous Ontario—was on the verge of bankruptcy. The +reason lay in the ambition of this province. The first roads into any +new country are the rivers. Therefore the population of Canada first +followed and settled along the ancient waterway of the St Lawrence and +the Great Lakes. But this wonderful highway was blocked here and there +by natural obstacles to navigation, long series of rapids and the giant +escarpment of Niagara. To overcome these obstacles the costly Cornwall +and Welland canals had been projected and built. The money for such +vast public works was not to be found in a new country in the pioneer +stage of development; it had to be borrowed outside; and the annual +interest on these borrowings amounted +<SPAN CLASS="pagenum">{<A NAME="P32"></A>32}</SPAN> +to £75,000, more than half +the annual income of the province. And this huge interest charge was +met by the disastrous policy of further borrowings. After Poulett +Thomson, Durham's successor, became acquainted with Upper Canada—'the +finest country I ever saw,' wrote the man who had seen all Europe—he +testified: 'The finances are more deranged than we believed in +England.... All public works suspended. Emigration going on fast +<I>from</I> the province. Every man's property worth only half what it +was.' Decidedly the political and financial problems of Canada +demanded the highest skill for their solution. +</P> + +<P> +While things had come to this pass in Canada, Lord Durham's Report on +Canada had been presented to the British House of Commons and its +proposals of reform had been made known to the British public. It +revealed the incompetency of Lord Glenelg as colonial secretary; he +resigned and made way for Lord John Russell, who was in hearty accord +with the principles and recommendations of the Report. The chief +recommendation was that the only possible solution of the Canadian +problem lay in the political union of the two provinces. At first the +British +<SPAN CLASS="pagenum">{<A NAME="P33"></A>33}</SPAN> +government was inclined to bring about this desirable end +by direct Imperial fiat, but in view of the determined opposition of +Upper Canada, it wisely decided to obtain the consent of the two +provinces themselves to a new status, and to induce them, if possible, +to unite of their own motion in a new political entity. The essential +thing was to obtain the consent of the governed; but they were +turbulent, torn by factions, and hard to bring to reason. +</P> + +<P> +For a task of such difficulty and delicacy no ordinary man was +required. Sir John Colborne was not equal to it; he was a plain +soldier, but no diplomat. He was raised to the peerage as Lord Seaton +and transferred. A second High Commissioner, with practically the +powers of a dictator, was appointed governor-general in his stead. +This was a young parliamentarian, of antecedents, training, and outlook +very different from those of his predecessors. Instead of the Army or +the county family, the new governor-general represented the dignity of +old-fashioned London mercantile life. Charles Poulett Thomson had been +in trade; he had been a partner in the firm of Thomson, Bonar and Co., +tallow-chandlers. Now tallow-chandlery is not +<SPAN CLASS="pagenum">{<A NAME="P34"></A>34}</SPAN> +generally regarded +as a very exalted form of business, or the gateway to high position; +but in the days of candles it was a business of the first importance. +Candles were then the only light for the stately homes of England, the +House of Commons, the theatres. The battle-lanterns of Britain's +thousand ships were lit by candles. Supplies of tallow must be fetched +from far lands, such as Russia. And this business formed the +governor-general of Canada. As a boy in his teens he was sent into the +counting-house, an apprentice to commerce, and so he escaped the +'education of a gentleman' in the brutal public schools and the +degenerate universities of the time. Business in those days had a sort +of sanctity and was governed by punctilious—almost religious—routine. +In the interests of the business he travelled, while young and +impressionable, to Russia, and mixed to his advantage with the +cosmopolitan society of the capital. Ill-health drove him to the south +of France and Italy, where he resided for two years. His was the rare +nature which really profits by travel. Thus, in a nation of one +tongue, he became a fluent speaker of several European languages; and, +in a nation which prides itself on being blunt +<SPAN CLASS="pagenum">{<A NAME="P35"></A>35}</SPAN> +and plain, he was +noted for his suave, pleasing, 'foreign' manners. Poulett Thomson +became, in fact, a thorough man of the world, with well-defined +ambitions. He left business and entered politics as a thoroughgoing +Liberal and a convinced free-trader long before free trade became +England's national policy. Another title to distinction was his +friendship with Bentham, who assisted personally in the canvass when +Thomson stood for Dover. From 1830 onwards he was intimately +associated with the leaders of reform. He was a friend of Durham's, +and they had worked together in negotiating a commercial treaty with +France. Continuity in the new Canadian policy was assured by personal +consultations with Durham before Thomson started on his mission. +'Poulett Thomson's policy was based on the Durham Report, and most of +his schemes in regard to Canada were devised under Durham's own roof in +Cleveland Row.' +</P> + +<A NAME="img-034"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-034.jpg" ALT="Lord Sydenham. From an engraving by G. Browning in M'Gill University Library." BORDER="2" WIDTH="484" HEIGHT="667"> +<H4 CLASS="h4center" STYLE="width: 484px"> +Lord Sydenham. <BR> +From an engraving by G. Browning <BR> +in M'Gill University Library. +</H4> +</CENTER> + +<P> +Business, travel, and politics combined to form the character of +Poulett Thomson. His well-merited titles, Baron Sydenham and Toronto, +tend to obscure the fact that he was essentially a member of the great +middle class, a civilian who had never worn a sword or +<SPAN CLASS="pagenum">{<A NAME="P36"></A>36}</SPAN> +a military +uniform. He represented that element in English life which is always +enriching the House of Peers by the addition of sheer intellectual +eminence, like that of Tennyson and Kelvin. He had a sense of humour, +a quality of which Head and Durham were devoid. He was amused when he +was not bored by the pomp attending his position. 'The worst part of +the thing to me, individually, is the ceremonial,' he writes. 'The +<I>bore</I> of this is unspeakable. Fancy having to stand for an hour and a +half bowing, and then to sit with one's cocked hat on, receiving +addresses.' In person Thomson was small, slight, elegant, +fragile-looking, with a notably handsome face. He was one of those +clever, agreeable, plausible, managing little men who seem always to +get their own way. They are very adroit and not too scrupulous about +the means they use to attain their ends. They have that absolute +belief in themselves which their friends call self-confidence and their +enemies conceit. +</P> + +<P> +Thomson came to his arduous task brimming with ambition and belief in +his ability to cope with it. He realized to the full the difficulty of +the problem set him and +<SPAN CLASS="pagenum">{<A NAME="P37"></A>37}</SPAN> +the credit which would accrue if he solved +it. 'After fifteen years,' a friend wrote, 'you have now the golden +opportunity of settling the affairs of Canada upon a safe and firm +footing, ensuring good government to the people, and securing ample +power to the Crown.' He was fully aware of this himself. 'It is a +<I>great field</I> too,' he notes in his private Journal, 'if I can bring +about the union of the provinces and stay for a year to meet the united +assembly and set them to work'; and he contrasts the opportunity for +distinction offered by the Canadian imbroglio with the tame +possibilities of a subordinate position in the Cabinet, which would be +his fate if he remained in England. +</P> + +<P> +The new governor-general reached Quebec in H.M.S. <I>Pique</I> on October +17, 1839, after a stormy passage of thirty-three days. His first task +in Canada was the same as Durham's—to acquaint himself with the actual +conditions—and he flung himself into it with equal energy. Like +Durham, too, he was ably assisted by capable men on his staff, notably +T. W. C. Murdoch, his civil secretary, and James Stuart, the chief +justice of Lower Canada. From the very first he won golden +<SPAN CLASS="pagenum">{<A NAME="P38"></A>38}</SPAN> + +opinions from all sorts of persons. The tone of his proclamations, the +courtesy and tact of his public utterances, his personal charm made him +speedily popular. The party of Reform was conciliated because he was +known to be in sympathy with the principles of Lord Durham's Report, +while the Conservatives were pleased with his avowed purpose of +strengthening the bonds between the colony and the mother country. +Lower Canada was still a province without a constitution; but it must +have some machinery of government. A makeshift for regular government +was provided by a Legislative Council of fourteen persons of importance +appointed by Sir John Colborne. Their agreement to the principles of +union was soon obtained. The province now seemed tranquil and the +governor-general hurried on to Upper Canada. His account of his +journey from Montreal to Kingston—the changes and stoppages, the +varieties of conveyance—illustrates vividly the difficulties of travel +in those days. +</P> + +<P> +At Toronto Thomson found a totally different set of conditions. Here +was a constitution functioning and a legislature in session; but what a +legislature! Split into half a dozen little cliques and factions, it +was +<SPAN CLASS="pagenum">{<A NAME="P39"></A>39}</SPAN> +trying to work with no cabinet, no opposition, no party +system—an ideal state of things to which some critics of present +conditions would like to return. The office-holders, that is, the +members of the government, took opposite sides in debate. The Assembly +was a house divided and sub-divided against itself. There was a +wide-spread and persistent clamour for 'responsible government,' but no +one knew precisely what was meant by it. Who was to be 'responsible'? +for what? and to whom? How was it possible to make the local +government 'responsible' to the people of the colony without reducing +the governor to a figurehead? If his authority were reduced to a +shadow, what became of the 'prerogative' and British connection? Was +not 'responsible government' simply the prelude to the absolute +separation of the colony from the mother country? Then there was the +question of the Clergy Reserves agitating every colonial breast. +One-seventh of the public domain had been set aside for the support of +a favoured church: a plain case of monopoly and privilege, said some; a +wise provision for the maintenance of religion, said others. And the +shadow of bankruptcy was +<SPAN CLASS="pagenum">{<A NAME="P40"></A>40}</SPAN> +hanging over the unhappy colony. The +situation was one of the utmost difficulty, calling for an almost +superhuman combination of ability, tact, and firmness. Here, as in +Lower Canada, the governor-general's first effort was to obtain the +consent of the people's representatives to the great change in the +status of the province which the union would involve. He carried his +point by meeting men and discussing the project with them—a process of +education. Although there was some opposition on various grounds, +reasonable and unreasonable, the Assembly finally consented to the +following terms: first, each province was to have an equal number of +representatives; secondly, a sufficient civil list was to be granted; +thirdly, the debt incurred by Upper Canada for public works of common +interest should be charged upon the revenue of the new united province. +These terms could not be called ideal, especially in regard to Lower +Canada; but union was the only alternative to benevolent despotism or +civil war. In bringing the legislature of Upper Canada to consent to +these terms Thomson had the valuable aid of the cohort of Moderate +Reformers led by Baldwin and Hincks. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P41"></A>41}</SPAN> + +<P> +No inconsiderable part of the governor-general's task was a campaign of +education in the <I>ABC</I> of responsible government. Those elementary +ideas of party government now regarded as axiomatic had to be taught +painfully to our rude forefathers in legislation. That the government +should have a definite head or leader in the Assembly, who should speak +for the government, introduce and defend its measures; that the +officials of the government other than those holding permanent posts +should form one body—a ministry—which should automatically relinquish +office and power when it could no longer command a majority in the +legislature, were practically new and by no means welcome ideas to the +old-time law-makers of Canada. The natural corollary that the +opposition also should be organized under a definite leader, who, on +defeating the government, should assume the responsibility of forming a +cabinet, was equally novel. Such a check on reckless criticism was +sadly needed. Of the process by which Thomson achieved his ends even +his fullest biography gives little information. There must have been +endless conferences of homespun, honest farmers like Willson, men of +breeding like +<SPAN CLASS="pagenum">{<A NAME="P42"></A>42}</SPAN> +Robinson, brilliant lawyers like Sullivan, plain +soldiers like MacNab, with the little, sickly, understanding governor +of the brilliant eyes, the charming manner, and the persuasive tongue. +Of all the varied explaining, discussing, initiating, little record +remains. But the work was done and the results are manifest to the +world. The persuasive little man succeeded in persuading the +law-makers of Upper Canada that the way out of their difficulties lay +not through division but through union. He persuaded them to a change +of status which was a reversal to the old status prior to the +Constitutional Act, and also a prelude to that larger union of the +British colonies in North America which was destined to embrace half +the continent. +</P> + +<P> +Having succeeded almost beyond belief in the first part of his mission, +Thomson turned his attention to the next vexed question. This was the +question of the Clergy Reserves. On this subject much ink had been +spilt and much hard feeling engendered; and it still provokes not a +little ill-directed sarcasm. The whole matter is in danger of being +misunderstood, and eighteenth-century lawmakers are blamed for not +possessing ideas a hundred years ahead of their times. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P43"></A>43}</SPAN> + +<P> +By the terms of the Constitutional Act of 1791 one-seventh of the +public lands thereafter to be granted were devoted to 'the Support and +Maintenance of a Protestant Clergy.' The provision was due, it seems, +to the king himself, pious, homely 'Farmer George'; and to men of his +mind no provision could have seemed more natural or right. +'Establishment' had been the rule from time immemorial. The Church of +England was 'established,' that is, provided by law with an income in +England, in Wales, and in Ireland. The 'Kirk' was similarly +'established' in Scotland. In British America itself the Church of +Rome was 'established' very firmly in Lower Canada. What could be more +natural for a Protestant monarch than to make provision for a +'Protestant Clergy' in a British colony settled by British immigrants, +and purchased with such outpouring of British blood and British +treasure? And what more ready and easy way could be found of providing +for that 'clergy' than by endowing it with waste lands which taxed no +one and which would increase in value as the country became settled? +In its essence this endowment was a recognition of the value of the +Christian religion in preserving +<SPAN CLASS="pagenum">{<A NAME="P44"></A>44}</SPAN> +the state. But trouble arose +almost at once in the interpretation of the terms 'Protestant' and +'clergy.' Was not the Church of Scotland 'Protestant' as well as the +Church of England? Were not the various species of 'Dissenters' also +the most vigorous of 'Protestants'? On the other side it was asked, +Was not the term 'clergy' applied exclusively to the ministers of the +Church of England? It could not apply to any religious teachers +outside the pale; those outside the pale never dreamed of applying it +to themselves. Naturally other denominations wished to share in this +most generous endowment; and quite as naturally the Church of England +desired to stand by the letter of the law and hold what it had of legal +right. Some extremists opposed any and all establishments, holding +that the church should be independent of the state. Let the endowment +be used for the sorely pinched cause of education, and let the +ministers of all denominations depend solely on the Christian +liberality of their people. Perhaps the extremists were in closest +touch with the genius of the new land and the new institutions growing +up in it. To the plain man in the pioneer settlement there seemed +something feudal, something +<SPAN CLASS="pagenum">{<A NAME="P45"></A>45}</SPAN> +unjust, in creating a privileged +church at the expense of all other churches. Pioneer life brings men +back to primal realities. To the settler in the log-hut the externals +of religion are apt to fade until all churches seem to be much the +same: to set one above all the others seems in his eyes so unjust as to +admit of no argument in its favour. Besides, he had a very real +grievance: the reserved unoccupied lands interfered with his +well-being; they came between farm and farm, increased his taxation, +and prevented the making of the needful roads. How was he to get to +market? to fetch supplies? To-day few will be found to argue for a +state church; but it was not so in the twenties and thirties of the +last century. The battle raged loud and long; and pamphleteer rent +pamphleteer in endless, wordy warfare. +</P> + +<P> +By 1817 the grievance had become clamant; and when that inquisitive +agitator, Robert Gourlay, asked the farmers of Upper Canada what +hindered settlement, he received the answer—Clergy Reserves. Two +years later the Assembly asked for a return of the lands leased and the +revenue derived from them. Up to this time the annual revenue had not +exceeded £700. In the same +<SPAN CLASS="pagenum">{<A NAME="P46"></A>46}</SPAN> +year, 1819, the 'Kirk' parish of +Niagara applied for a grant of £100, and the law-officers of the Crown +supported the claim. This decision stirred up the Anglicans. They +formed themselves into a corporation in each province to oversee the +administration of the Clergy Reserves. Ownership in the lands was to +be obtained, if obtained at all, through the establishment and +endowment of separate rectories, as provided for in the original act. +Why the directing minds among the Anglicans did not adopt this ready +and easy method of obtaining at least the bulk of the disputed land is +something of a mystery. Apparently they adopted a policy of all or +none. Only in 1836, just before the outbreak of the rebellions, when +political feeling was at fever pitch, did Sir John Colborne, at the +bidding of Bishop Strachan, sign patents for forty-four parishes to be +erected in Upper Canada. The total amount of land devoted to this +purpose was seventeen thousand acres. 'This,' declared Lord Durham, +'is regarded by all other teachers of religion in the country as having +at once degraded them to a position of legal inferiority to the clergy +of the Church of England; and it has been most warmly resented. In the +opinion of many persons, +<SPAN CLASS="pagenum">{<A NAME="P47"></A>47}</SPAN> +this was the chief predisposing cause of +the recent insurrection, and it is an abiding and unabated cause of +discontent.' +</P> + +<P> +Thomson's way of dealing with this cause of discontent did not dispose +of it for ever, but it at least provided a lenitive. With the business +man's respect for property and vested interests, he was opposed to the +diversion of the grant from its original purpose to the support of +education. He used his powers of persuasion upon 'the leading +individuals among the principal religious communities.' After 'many +interviews' he secured the support of the religious communities to a +measure which he had prepared. By the terms of this bill the remainder +of the reserved land was to be sold and the proceeds were to form a +fund, the income from which should be distributed annually among the +Church of England, the Church of Scotland, and other specified +religious bodies, 'in proportion to their respective numbers.' This +measure was not really acceptable to the Reformers, who wanted to see +the land used in the cause of education; it was distasteful to the Kirk +men; it was gall and wormwood to extreme Anglicans like Bishop +Strachan. None the less, the personal +<SPAN CLASS="pagenum">{<A NAME="P48"></A>48}</SPAN> +influence of the +diplomatic, strong-willed little man carried it through; and although +the Act itself was disallowed, on excellent grounds, by the Imperial +government, as exceeding the powers of the provincial legislature, yet +the Imperial parliament passed an Act exactly to the same effect. +Thomson had applied a plaster to the sore. +</P> + +<P> +His general view of the political conditions is shown in a private +letter to his chief, Lord John Russell. The picture he draws is +lively, unflattering, but instructive. 'I am satisfied that the mass +of the people are sound—moderate in their demands and attached to +British institutions; but they have been oppressed by a miserable +little oligarchy on the one hand and excited by a few factious +demagogues on the other. I can make a middle reforming party, I am +sure, that will put down both.' The record of seventy-five years and +of two wars shows the attachment of the Canadians to British +institutions, and how justly the governor-general appraised the 'mass +of the people.' Not less clearly did he judge the politicians of the +day, their pettiness, their naïve selfishness, their disregard of rule +and form, shocking all the instincts of the British man of business and +<SPAN CLASS="pagenum">{<A NAME="P49"></A>49}</SPAN> +the trained parliamentary hand. 'You can form no idea,' he +continues, 'of the way a Colonial Parliament transacts its business. I +got them into comparative order and decency by having measures brought +forward by the Government and well and steadily worked through. But +when they came to their own affairs, and, above all, to money matters, +there was a scene of confusion and riot of which no one in England can +have any idea. Every man proposes a vote for his own job; and bills +are introduced without notice and carried through <I>all</I> their stages in +a quarter of an hour! One of the greatest advantages of the Union will +be that it will be possible to introduce a new system of legislating, +and above all, a restriction upon the initiation of money-votes. +Without the last I would not give a farthing for my bill: and the +change would be decidedly popular; for the members all complain that +under the present system they cannot refuse to move a job for any +constituent who desires it.' Canadians of the present day should study +those words without flinching. +</P> + +<P> +When the session was over Thomson posted back to Montreal, assembled +his Special Council, and set to work, in the rôle of +<SPAN CLASS="pagenum">{<A NAME="P50"></A>50}</SPAN> +benevolent +despot, introducing many much-needed reforms. The wheels of government +had been definitely blocked by racial hatred; the constitution was +still suspended. 'There is positively no machinery of government,' +Thomson wrote in a private letter. 'Everything is to be done by the +governor and his secretary.' There were no heads of departments +accessible. When a vacancy occurred, the practice was to appoint two +men to fill it, one French and the other English. There were joint +sheriffs, and joint crown surveyors, who worked against each other. +Ably seconded by the chief justice Stuart, the energetic governor +succeeded in reforming the procedure of the higher courts of judicature +and in establishing district courts after the model of Upper Canada. +Altogether, twenty-one ordinances were passed which had the force of +law. They were indispensable, in Thomson's opinion, in paving the way +for the Union. He was under no illusions as to his methods. 'Nothing +but a despotism could have got them through. A House of Assembly, +whether single or double, would have spent ten years at them,' he +writes, with perfect truth. +</P> + +<P> +The Maritime Provinces next claimed his +<SPAN CLASS="pagenum">{<A NAME="P51"></A>51}</SPAN> +attention, as they came +within the scope of his commission. In Nova Scotia, likewise, a +struggle for responsible government was in progress, but with striking +differences. The protagonist of the movement, Howe, was the very +reverse of a separatist. He was passionately attached to Britain and +British institutions, and he thought not in terms of his little +province, but of the Empire. Over-topping all other politicians of his +day in native power and breadth of vision, he was successful in working +out the problem of responsible government by purely constitutional +methods, without a symptom of rebellion, the loss of a single life or +any <I>deus ex machina</I> dictator or pacificator from across the seas. +Howe, indeed, was fitted to educate statesmen in the true principles of +democratic government, as his famous letters to Lord John Russell +testify. Howe's achievement must be compared with the failure of +Mackenzie and Papineau, if his true greatness is to appear. When +Thomson and he met, they found that they were at one in principle and +in respect to the measures necessary to bring about the desired +reforms. That month of July 1840 was a very busy one for the +governor-general. He reached Halifax on the ninth and left on +<SPAN CLASS="pagenum">{<A NAME="P52"></A>52}</SPAN> +the +twenty-eighth for Quebec. In the meantime he had met many men, +discussed many measures, gauged the situation correctly, drafted a +clear memorandum of it, and made a flying visit to St John and +Fredericton. He found New Brunswick happy and contented, a very oasis +of peace in the howling wilderness of colonial politics. His policy +was to get into personal touch with every part of his government and to +see it with his own eyes. On his way back to Montreal from Quebec he +made a detour through the Eastern Townships. Everywhere he increased +his already great popularity. +</P> + +<P> +Apart from his natural and commendable desire to inform himself by the +evidence of his own eyes and ears, these tours were dictated by sound +policy. The governor-general was his own minister, the approaching +election was his election, the Union was his measure; so his public +appearances, speeches, replies to addresses, personal interviews were +all in the nature of an election tour by a modern political leader to +influence public opinion, a legitimate part of his campaign. After +touring the Eastern Townships he made a thorough visitation of the +western province, going round by water, and +<SPAN CLASS="pagenum">{<A NAME="P53"></A>53}</SPAN> +being nearly wrecked +on Lake Erie and again on Lake Huron, where he found that the inland +freshwater sea could be as turbulent as the Bay of Biscay. Elsewhere +the Canadian autumn weather was delightful. His precarious health +improved. His tour was a triumphal progress. '<I>All</I> parties,' he +writes, 'uniting in addresses in every place, full of confidence in my +government, and of a determination to forget their former disputes.' +He adds a little pen-picture, which shows that the Canadian pioneer had +a knack of impromptu pageantry which his descendants have lost. +'Escorts of two and three hundred farmers on horseback at every place +from township to township, with all the etceteras of guns, music, and +flags.' The governor rode a good deal himself, taking saddle-horses +with him as well as a carriage. Those musical, gun-firing, flag-flying +cavalcades from township to township in the pleasant autumn weather of +1840 enliven the background of a political struggle. 'What is of more +importance,' continues the astute and businesslike little man, 'my +candidates everywhere taken for the ensuing elections.' This western +tour had an important reaction upon public opinion in Toronto, bringing +the +<SPAN CLASS="pagenum">{<A NAME="P54"></A>54}</SPAN> +divers factions into something like harmony for a time. +Thomson himself was genuinely pleased with what he had seen of that +rich, heart-shaped peninsula lying behind the moat of three inland +seas, with the flowing names, Huron, Erie, Ontario. He writes in +justifiable superlatives. 'You can conceive nothing finer. The most +magnificent soil in the world—four feet of vegetable mould—a climate +certainly the best in North America—the greater part of it admirably +watered. In a word, there is land enough and capabilities enough for +some millions of people and for one of the finest provinces in the +world.' Half a century from the time of writing the governor's vision +was realized and Ontario was the 'banner province' of the Dominion. +</P> + +<P> +During that busy month of July which the governor had spent in the +Maritime Provinces the Act of Union passed by the Imperial parliament +had taken effect. The two provinces were proclaimed to be one province +with one legislature. It was necessary to issue a new commission for +the governor of the new province, and, to mark the importance of his +achievement, Charles Poulett Thomson was created a peer, Baron Sydenham +of Sydenham in Kent and Toronto in Canada. +<SPAN CLASS="pagenum">{<A NAME="P55"></A>55}</SPAN> +One advantage of a +monarchy is its ability to reward service to the state in a splendid +way. Sydenham's honour was well deserved, but he was not destined to +enjoy it long. His activity in no way relaxed. An essential part of +the scheme of union, as he saw it, was local home rule. The country +was to be divided into small self-governing +units—municipalities—taxing themselves for their own necessary +expenditures and controlling the revenues so raised. This is now such +a familiar idea, an institution which works so well, that it is hard to +conceive of Canada ever lacking it. Even more difficult to conceive is +why the idea should have been opposed by the Imperial parliament so +strongly that an advanced Liberal like Lord John Russell was forced to +exclude it from the Act of Union. But Sydenham was not easily balked. +Being on the ground and seeing the urgent need of such an institution, +he called together his wonderful Special Council for one last session. +Between them they organized the municipal system which, in modified +form, still functions in Quebec. After the Union the system was +extended to Ontario, to the great advantage of that province. So +thoroughly are Canadians +<SPAN CLASS="pagenum">{<A NAME="P56"></A>56}</SPAN> +accustomed to managing their own affairs, +that they do not realize what a privilege they possess in their +municipal system, and how far Great Britain then lagged behind. +</P> + +<P> +Another important measure passed by the expiring Special Council was +the Registry Act. To the habitant the selling, mortgaging, and +transfer of property was a private affair; he did not see the need for +publicity. So the habit of clandestine transfer of land was almost a +French habit. The same habit prevailed among the Acadians and had to +be dealt with by the English governors. The attempt to put the +transfer of land upon a business basis was regarded as an insidious +attack upon a national custom. Once more the benevolent despot +succeeded in bringing about a much-needed reform. The 'ass's bridge,' +as he calls it, had been impassable for twenty years. Now that it was +crossed, the exploit met 'the nearly universal assent of French and +English.' Some thirty other ukases, all tending to order and the +common weal, were issued in the last session of this extraordinary +legislative body. One fixed the place of the capital. After much +debate on the rival claims of Quebec, Montreal, Toronto, Bytown, and +<SPAN CLASS="pagenum">{<A NAME="P57"></A>57}</SPAN> +Kingston, it was decided that the town with the martello towers +guarding the gateway to the Thousand Islands, with its memories of +Frontenac and the War of 1812, should be the capital of the new united +province. And it was so. About the quiet university town, where +Queen's is Grant's monument—<I>si monumentum requiris, +circumspice</I>—there lingers still the distinction of the old vice-regal +days. +</P> + +<P> +Then came the first election for the new Assembly of the united +province, perhaps the most momentous in the history of Canada. Lower +Canada was vehemently opposed to the whole scheme. To elect a Union +member was, in the words of the Quebec Committee, 'stretching forth the +neck to the yoke which is attempted to be placed upon us.' The French +were organized into a solid phalanx of opposition. In the western +province the Tory and Orange opposition was equally violent towards a +measure which was deemed to favour the French. The elections of 1841 +were held with the bad old-fashioned accompaniments of riot and +bloodshed, especially in the centres, Montreal and Toronto. Neither +side was free from the blame of irregular methods. Certainly the +government was not +<SPAN CLASS="pagenum">{<A NAME="P58"></A>58}</SPAN> +scrupulous in the means it employed to secure +the return of Union candidates. The results were known early in April. +They were as follows: for the government, twenty-four members; French, +twenty; Moderate Reformers, twenty; ultra-Reformers, five; Compact +party, five; doubtful, seven. The curse of petty faction was not +lifted, nor the machinery of two-party government really installed, for +it was quite possible for several of these groups to combine in voting +down government measures without having sufficient cohesion among +themselves to form a ministry and assume control. +</P> + +<P> +The session opened at Kingston on June 14, 1841. A hospital was turned +into a parliament house, a row of warehouses was appropriated for +government offices, and the fine old stone mansion by the waterside +known as 'Alwington' became the residence of the governor-general. +That last summer of his life was crowded with toil and anxiety, but +crowned with triumph. Acting as his own minister, he had to press +through a chaotic and factious legislature, far-seeing measures of +vital importance to the country; he had to reconcile differences, to +smooth opposition, to continue his campaign of education in +<SPAN CLASS="pagenum">{<A NAME="P59"></A>59}</SPAN> +parliamentary procedure. In addition to the immediate problem of +remaking the Canadas into one province, Sydenham was deep in diplomatic +difficulties arising over disputes as to the Maine boundary. This +difficulty was settled in 1842 by the Ashburton Treaty, which finally +delimited the frontier lines. The strain on the governor-general was +severe, and his health, never robust, gave way under it; but the frail +form was upborne by the indomitable spirit of the man, and by the +consciousness that he was winning the long-desired and doubtful +victory. His success was plain to other eyes across the sea. His +chief, Lord John Russell, sent gratifying commendations and obtained +for him the coveted honour of the Grand Cross of the Bath. Feeling +that his mission was accomplished, he sent in his resignation and made +his preparations to return to England. The sound he longed to hear was +the pealing of the guns from the citadel of Quebec in a final salute to +the departing proconsul. He was to obtain release in another way. +</P> + +<P> +Some idea of Sydenham's difficulties may be formed by a consideration +of the Baldwin incident, as it has been called. Just before the +session opened an effort was made to +<SPAN CLASS="pagenum">{<A NAME="P60"></A>60}</SPAN> +combine the Moderate +Reformers of Upper Canada and the 'solid' French-Canadian party of +Lower Canada into a compact parliamentary phalanx of forty which would, +of course, take charge of the House. Baldwin was skilfully approached +and played upon until he supported this intrigue. The sequel is best +told in Sydenham's own words. +</P> + +<BR> + +<P CLASS="block"> +Acting upon some principle of conduct, which I can reconcile neither +with honour nor common sense, he strove to bring about this Union, and +at last having as he thought effected it, coolly proposed to me, on the +day before Parliament was to meet, to break up the Government +altogether, dismiss several of his Colleagues and replace them by men +whom I believe he had not known for twenty-four hours, but who are most +of them thoroughly well known in Lower Canada (without going back to +darker times) as the principal opponents to every measure for the +improvement of that Province which has been passed by me, and as the +most uncompromising enemies to the whole of my administration of +affairs there. +</P> + +<P CLASS="block"> +I had been made aware of this Gentleman's +<SPAN CLASS="pagenum">{<A NAME="P61"></A>61}</SPAN> +proceedings for two or +three days, and certainly could hardly bring myself to tolerate them, +but in my great anxiety to avoid if possible any disturbance, I had +delayed taking any step. Upon receiving, however, from himself this +extraordinary demand, I at once treated it, joined to his previous +conduct, as a resignation of his office, and informed him that I +accepted it without the least regret. +</P> + +<BR> + +<P> +Of Baldwin's personal integrity there was no doubt; but the honest man +had been used as a tool. If the intrigue had succeeded, all Sydenham's +labour must have been lost, the Union would have been wrecked in the +launching, and the country thrown back into chaos. Fortunately the +intrigue failed. Baldwin passed over to the opposition, but he was +unable to lead the Reformers of Upper Canada into killing government +measures such as extension of the main highways, reform of the usury +laws, establishment of a comprehensive municipal system. They followed +the sounder leadership of Hincks and supported Sydenham in his wise +efforts to promote the country's good. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P62"></A>62}</SPAN> + +<P> +The whole session was a series of crises. Sydenham stood pledged to +the cardinal principle of democratic government, that the majority must +rule. Parliamentary procedure, as they have it in England, was a new +thing in Canada. In Great Britain the government does not always +resign when defeated on a vote, nor does the opposition defeat the +government when it has no power to form an alternative government. The +only consistent opposition was Neilson's band of French Canadians, and +their policy was pure obstruction and their object to separate the two +provinces once more. By combining the factions it was possible +sometimes to defeat a government, but for the government to throw down +the reins of power, with no one on the other side capable of taking +them up, would have been madness. The situation craved wary walking +and most delicate balancing; but Sydenham was equal to it. Later in +the session, when the members had learned their lesson, the +governor-general affirmed his position in a series of resolutions moved +by Harrison, the leader of the government. In these he asserted: +first, his position as representative of the monarch, and, as such, +responsible to Imperial +<SPAN CLASS="pagenum">{<A NAME="P63"></A>63}</SPAN> +authority alone; secondly, the +administration must possess the confidence of the representatives of +the people; and thirdly, that the administration shall act in +accordance with the well-understood wishes and interests of the people. +In other words, he declared himself for British connection plus +majority rule. +</P> + +<P> +Critics found the first session of the new parliament of Canada a +'do-nothing-but-talk' session. There was indeed a flow of eloquence in +various kinds during the first few weeks until the different parties +found the proper relations and the serious work of legislation began. +Constructive measures of the first importance became law in due course. +Sydenham's own words sum up his achievement. 'With a most difficult +opening, almost a minority, with passions at boiling heat, and +prejudices such as I never saw, to contend with, I have brought the +Assembly by degrees into perfect order ready to follow wherever I may +lead; have carried all my measures, avoided or beaten off all disputed +topics, and have got a ministry with an avowed and recognized majority, +capable of doing what they think right, and not to be upset by my +successor. I have now accomplished all that I set much +<SPAN CLASS="pagenum">{<A NAME="P64"></A>64}</SPAN> +value on; +for whether the rest be done now, or some sessions hence, matters +little. The five great works I aimed at have been got through: the +establishment of a board of works with ample powers; the admission of +aliens; the regulation of the public lands ceded by the Crown under the +Union Act; and lastly this District Council Bill.' The financial +difficulties of the province had been met by guaranteed Imperial loan, +and progress had been made in remedying the evils of pauper +immigration. Not often does a constructive statesman live to see his +labours so richly rewarded by success. +</P> + +<P> +Then the end came. A stumble of Sydenham's horse as he mounted a rise +near 'Alwington' threw him to the ground and broke his right leg. His +constitution, never strong, had been weakened by disease, unsparing +work, and ceaseless anxieties. The bones would not set, the laceration +would not heal, and at last lockjaw set in. It was impossible for him +to recover. One does not expect the heroic from a fragile man of the +world, but Sydenham's last thoughts were for the state he had served so +well. In the agonies of tetanus he composed the speech with which he +had hoped to bring the session +<SPAN CLASS="pagenum">{<A NAME="P65"></A>65}</SPAN> +to a close. The last words were +the dying governor's prayer for Canada. 'May Almighty God bless your +labours, and pour down upon this province all those blessings which in +my heart I am desirous it should enjoy.' +</P> + +<P> +His accident occurred on the fourth of September: he was not released +from his sufferings until the nineteenth. A stately funeral testified +to the universal regret. St George's Cathedral at Kingston, where his +bones lie, should be among the high places of the land, a shrine doubly +sacred, as the tomb of one who had no small part in making Canada. +</P> + +<BR><BR><BR> + +<A NAME="chap03"></A> + +<SPAN CLASS="pagenum">{<A NAME="P66"></A>66}</SPAN> + +<H3 ALIGN="center"> +CHAPTER III +</H3> + +<H4 ALIGN="center"> +REFORM IN THE SADDLE +</H4> + +<P> +On Parliament Hill at Ottawa is a monument of bronze and marble. It +represents two men standing in close converse; and, in spite of the +dull and untempering effect of modern coats and trousers, the monument +is an artistic success worthy of the noble eminence on which it stands +above the broad-bosomed river and looking towards the distant hills. +It is designed to keep in memory LaFontaine, the man of French blood, +and Baldwin, the man of English blood, who worked together as leaders +in the first parliament of reunited Canada. That they so worked +together for the good of their common country deserves commemoration in +enduring brass; for, happily, ever since their time English and French +have been found working side by side and vying in fraternal efforts +towards the same glorious end. +</P> + +<P> +LaFontaine and Baldwin are typical Canadian +<SPAN CLASS="pagenum">{<A NAME="P67"></A>67}</SPAN> +politicians of the new +order. They carried on a government under modern conditions. +Sydenham's work had been done once for all. In spite of ignorance, and +errors, and worse, the parliamentarians had really learned the lessons +of procedure which he had so deftly taught, and they now settled down +to the regular game of Ins and Outs, according to established and +accepted rules. The irreconcilables were gradually tamed as wild +animals are—by hunger first, and then by being fed with sufficient +quantities of the loaves and fishes. Power, office, good permanent +positions, fat salaries, proved strong sedatives of yeasty aspirations +towards vague political ideals. There were still to be grave +difficulties, crises, reactions towards the old order of things; but +the cardinal principle of popular government was finally accepted, and, +ever since 1841, has been in continuous operation, as part and parcel +of the constitution. +</P> + +<P> +If Canadian politicians had, in the words of the Shorter Catechism, +been left to the freedom of their own will, it is difficult to see how +they could ever have brought about either the union of the jarring +provinces, or established the principles of popular government. It is +not apparent how half a dozen +<SPAN CLASS="pagenum">{<A NAME="P68"></A>68}</SPAN> +irreconcilable little factions could +have combined to thwart the sullen determination of John Neilson's +French-Canadian party to wreck the Union. There was a crying need for +intervention by a true statesman from without, who, with his eyes +unblinded by local prejudices and passions, could take his stand above +all parties, and, in benevolent despotism, lead them into concerted +action for their own good and the good of the country. Equally clamant +was the need of information and instruction. Sometimes Canadians are +inclined to write the tale of the building of the nation as if that +splendid fabric were all the work of their own hands, as if 'our own +arm had brought salvation unto us.' This is manifest fallacy. Without +a Durham to diagnose the malady and a Sydenham to apply the remedy, the +condition of the body politic must have been past cure. At least, no +other physicians could avail. Now, it was a matter of treatment and +careful nursing, and being instructed, we were capable of following the +doctor's orders. +</P> + +<P> +The Reform leaders were very unlike each other in character and +antecedents. Robert Baldwin was the son of William Warren Baldwin, +whose father (also a Robert Baldwin) +<SPAN CLASS="pagenum">{<A NAME="P69"></A>69}</SPAN> +belonged to the humbler class +of landed gentry in Ireland. Tempted, like so many others of his +class, by the bait of cheap land, he came to Canada to 'farm.' His son +William studied medicine at Edinburgh, became a doctor, and, with Irish +powers of adaptation, soon exchanged physic for the more profitable +pursuit of law. Robert the grandson was born in York (now Toronto) in +1804. He became one of 'Johnny' Strachan's pupils at the Grammar +School, achieving in time the distinction of being 'head boy'; after +which he studied law in the old, leisurely, articled-clerk system, and +finally became his father's partner. An opportune legacy enabled his +father to buy a large property outside 'muddy York,' on which, in +accordance with hereditary landholding instinct, he endeavoured to +establish his family, after the old-world fashion. A broad +thoroughfare in Toronto preserves the name of Baldwin's ambition, +'Spadina.' +</P> + +<P> +Like his father, Robert Baldwin was a Moderate Reformer. He entered +public life (1829) in his native town as draftsman of a petition to +George IV in what was known as the Willis affair. In the same year he +was elected to the Assembly as member for York. +<SPAN CLASS="pagenum">{<A NAME="P70"></A>70}</SPAN> +Unseated on a +technicality, he was at once re-elected, and took his seat in the House +the following year. In the new elections, however, following the +demise of George IV in 1830, when the House was dissolved, Baldwin was +defeated. He had recently entered into partnership with his wife's +brother, who was also his own cousin, Robert Baldwin Sullivan, a +handsome Irishman with more than a touch of Irish brilliancy. Sullivan +played no small part in the politics of the time. He is the author of +the wittiest pamphlet ever evoked by Canadian party struggles. +</P> + +<P> +Another young Irishman with whom Baldwin became closely associated was +Francis Hincks, who also left his mark on the history of Canada. The +son of a Presbyterian minister, he had received a good general +education, and a sound and extensive business training in Belfast. +Coming to Toronto by way of the West Indies, he became interested in +various local business concerns and speedily proved his outstanding +capacity for all matters of commerce and finance. Besides being the +manager of a bank and the secretary of an insurance company, Hincks +carried on at his house in Yonge Street, next door to Robert Baldwin's +(number 21), a +<SPAN CLASS="pagenum">{<A NAME="P71"></A>71}</SPAN> +general warehousing business; and, as if these +enterprises did not afford sufficient scope for his energy, he launched +a weekly newspaper, the <I>Examiner</I>, in the interests of Reform. The +successful man of business soon became the expert in finance, to whom +all eyes turned in difficulty. In 1833 he was appointed one of the +inspectors of the Welland Canal accounts in a parliamentary +investigation, so swiftly had he come to the front. Though much unlike +in temperament, he and Baldwin were agreed in their views of political +reform, siding with the Moderates as against the Mackenzie faction of +extremists. When in 1836 the Constitutional Reform Society of Upper +Canada was organized, with William Warren Baldwin as president, Hincks +became the secretary. The main objects of this society were to secure +'responsible advisers to the governor,' and the abolition of the +forty-four rectories established by Sir John Colborne in accordance +with the well-known provisions of the Constitutional Act. The success +of any organization often depends on one man, the secretary, and in +this capacity Hincks evinced his wonted ability and extraordinary +energy. +</P> + +<P> +These two men, Robert Baldwin, with his +<SPAN CLASS="pagenum">{<A NAME="P72"></A>72}</SPAN> +high principle and solid +character, and Francis Hincks, with his talent for affairs, are figures +of prime importance in this critical stage of the experiment called +responsible government. +</P> + +<P> +But the new province of Canada, as a union of French and English +populations, demanded, as a natural consequence, a union in leadership. +The French-Canadian politician, who in his own province represented +Moderate Reform, was Louis Hippolyte LaFontaine. His grandfather had +been a member of the old Assembly of Lower Canada; his father was a +farmer at Boucherville in Chambly, where Louis Hippolyte was born in +1804. Educated at the college of Montreal, he afterwards studied law +and began to practise in that city. In 1830 he was elected member for +Terrebonne, and soon showed himself in the House to be a thoroughgoing +follower of Papineau and an agitator for radical change. But when +reform passed over into rebellion and an appeal to armed force, he +tried to dissuade his compatriots from their mad enterprise, and also +approached the governor, Lord Gosford, with a proposal to assemble +parliament, in order to prevent further violence. He then went to +England, from +<SPAN CLASS="pagenum">{<A NAME="P73"></A>73}</SPAN> +motives which do not seem clear. Fearing arrest in +that country for his share in the agitation before the rebellion, he +fled to France. He did not, in fact, return to Canada until May 1838, +when he was caught in the widespread net of arrests and spent several +painful and indignant months in the Montreal jail, demanding release, +but in vain. Incarceration for a political offence is a rare event in +the career of a chief justice and an English baronet, as this prisoner +was to be later. Arrested on suspicion, he was released without trial. +On the tragic collapse of the extremists LaFontaine became the hope of +the moderate men among the French-Canadian politicians. Like the most +of his compatriots, he was strongly opposed to the union of the +Canadas, as threatening the extinction of his nationality; but seeing +no possible alternative to union, he made it his fixed policy to win, +by constitutional methods, whatever could be won for his people. In +appearance he was strikingly like the first Napoleon, the resemblance +being noticed by the old soldiers when he visited the Hôtel des +Invalides at Paris. A contemporary cartoon, representing him flinging +money to the habitants, shows the likeness, even to the +<SPAN CLASS="pagenum">{<A NAME="P74"></A>74}</SPAN> +lock of +hair on the forehead, more plainly than his portrait. His few years of +leadership in parliament, though of great importance to the country, +formed only an episode in a larger legal career. +</P> + +<P> +In the elections of 1841 LaFontaine was defeated; it is said, by +illegal methods. Baldwin was returned for two constituencies, York and +Hastings, and Hincks for Oxford, on the strength of his articles in the +<I>Examiner</I>. Bitterly disappointed as LaFontaine was at his defeat and +the means by which it was accomplished, he could see no hope of redress +except by constitutional means. For the present he could do no more +than protest angrily at the injustice. He was, however, not long +excluded from the House. Through the good offices of Baldwin he was +elected for the fourth riding of York, an act of courtesy and common +sense which was not to lose its reward. +</P> + +<P> +Such was the posture of affairs when Sydenham died. +</P> + +<A NAME="img-074"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-074.jpg" ALT="Sir Charles Bagot. From an engraving in the Dominion Archives." BORDER="2" WIDTH="482" HEIGHT="656"> +<H4 CLASS="h4center" STYLE="width: 482px"> +Sir Charles Bagot. <BR> +From an engraving in the Dominion Archives. +</H4> +</CENTER> + +<P> +The next governor-general of Canada was Sir Charles Bagot, the Tory +nominee of the now Tory government of Great Britain. Bagot's familiar +portrait in the full insignia of the Order of the Bath shows us the +<SPAN CLASS="pagenum">{<A NAME="P75"></A>75}</SPAN> +handsome, thoroughbred face of a typical English gentleman. +Although Queen Victoria doubted his ability for the post, her distrust +was unfounded. Bagot was a man of broad experience and calm wisdom. +He possessed poise and real kindness of heart, as well as real +courtesy; but he seems also to have been too sensitive to criticism and +to opposition. He reached Kingston, the seat of his government, in +January 1842. Visits to the various centres of Canada, according to +the practice of his predecessors, soon gave him an understanding of +popular opinion and feeling; and, although he was expected by the +extreme Conservatives to bring back the old, halcyon, <I>ante bellum</I> +days, he was most careful to follow the lines of Sydenham's policy. +Towards the French he was amiable and conciliatory and made several +appointments of French Canadians to positions of trust and emolument. +Ever ready to meet courtesy half-way, the French gave their new +governor their entire confidence. +</P> + +<P> +During the eight months before parliament should reassemble Bagot +wisely set about learning for himself the actual conditions of his new +government. Like Sydenham, he was to act as his own prime minister, +and +<SPAN CLASS="pagenum">{<A NAME="P76"></A>76}</SPAN> +his initial difficulty was in forming a suitable Cabinet to +act with him. He offered Hincks the post of inspector-general, +corresponding in effect to minister of Finance, and Hincks accepted it. +He offered the post of solicitor-general to Richard Cartwright +(grandfather of the Sir Richard Cartwright of a later day), who refused +it because Hincks was in the Cabinet. The position was finally filled +by Henry Sherwood, who was, like Cartwright, a Conservative. To +LaFontaine the governor offered the attorney-generalship in the most +courteous terms, but, for a number of reasons, LaFontaine declined to +accept it. Bagot's plan was to form a coalition government, which +should embrace all interests; but the Reformers refused to take their +place in a Cabinet which contained men of the opposite party. So +William Henry Draper, who had acted under Sydenham, continued as leader +of a composite Cabinet under Bagot. +</P> + +<P> +The House met at Kingston on September 8, 1842. In the game of Ins and +Outs the debate on the Address is recognized as a trial of strength, as +a method of ascertaining which party is in a majority. It was found +that the Draper government did not command the confidence of the House; +and, after a spirited +<SPAN CLASS="pagenum">{<A NAME="P77"></A>77}</SPAN> +fight, Draper resigned and made way for a +new ministry, led by LaFontaine and Baldwin. The principle involved, +which seems now the merest common sense, was then scouted as government +'by dint of miserable majorities.' Sullivan was the senior member in +the new ministry, though it is known by the names of its leaders. It +included Hincks and five other members of the previous Cabinet. +</P> + +<P> +In accordance with another rule of the political game the new ministers +had to seek re-election. LaFontaine was peaceably returned for his +'pocket borough,' the fourth riding of York, but the candidacy of +Baldwin for Hastings had another issue. In those good old days of open +voting an election was no such tame affair as walking into a booth and +marking a cross on a piece of paper opposite a name. An election +lasted for days or even weeks. There was only one polling-place for +the district, and an election was rarely held without an election row. +It seems impossible that it is of Canada one reads: 'A number of +shanty-men having no votes were hired by Mr Baldwin's party to create a +disturbance. They did so and ill-treated Mr Murney's supporters. The +latter, however, +<SPAN CLASS="pagenum">{<A NAME="P78"></A>78}</SPAN> +rallied and drove their dastardly assailants from +the field. Two companies of the 23rd Regiment were sent from Kingston +to keep the peace, and polling was most unjustly discontinued for one +day.' Free fights between bands of rival voters armed with clubs, +swords, and firearms, injuries from which men were not expected to +recover, order restored by the intervention of the military—these were +no unusual incidents in an old-time Canadian election. The contest in +Hastings was of this description, and Baldwin was defeated. He stood +for election in the second riding of York, and he was again defeated. +Finally LaFontaine did for him what he had done for LaFontaine. The +French member for Rimouski resigned his seat, and Baldwin was returned +for it in January 1843. The French leader and the English leader had +thus given unmistakable proofs of their sincere desire to be friends +and to work together for the common weal. French and English were +found at last working in harmony, side by side. They had formed the +first colonial ministry on the approved constitutional model. +</P> + +<P> +The new idea was fiercely assailed. To the British colonial partisan +of that day it +<SPAN CLASS="pagenum">{<A NAME="P79"></A>79}</SPAN> +seemed the height of absurdity to entrust the +government of the country to men who had done their best to wreck that +government but a few years before. The Tories would have been more +than human if they were not exasperated to see actual rebels like +Girouard, who fought with rebels at St Eustache, offered a position in +the Cabinet. They could not, as yet, accept the hard saying of +Macaulay: 'There is only one cure for the evils which newly-acquired +freedom produces, and that cure is freedom.' How would they have +regarded Britain's three years' war with the Dutch republics of South +Africa and the entrusting of them immediately afterwards to the Boers +and General Louis Botha? For accepting the principle of popular +government, that the majority must rule, Bagot was assailed with an +inhuman vehemence, which astounds the reader of the present day by its +venom and its indecency. Because the governor was a just man and +loyally followed constitutional usage, he was abused as a fool and a +traitor not only in the colony but in England. It is small wonder that +his health began to give way under the strain. +</P> + +<P> +That historical first session of 1842 was +<SPAN CLASS="pagenum">{<A NAME="P80"></A>80}</SPAN> +very short; it lasted +only a month. Nor could it be said to have accomplished very much in +the way of actual legislation. The criticism of the opposition press +was not ill-founded—that there was much cry and little wool. That the +criticism was made at all shows how much was expected from the +establishment of a principle. Mankind has a pathetic faith in the +efficacy of political machinery, remade or remodelled, to grind out +happiness and bring in the Age of Gold. None the less, a great +political principle had been affirmed, and had been seen in triumphant +action. The new constitution was at last set on its legs, and, at +last, it really did begin to 'march.' +</P> + +<P> +Shortly after the session closed Bagot's administration came to an end. +The governor was no longer young, and the factious opposition in the +colony and the want of support in England wrought upon his health and +spirits. The oncoming of the bitter Canadian winter tried severely the +shaken man. On medical advice he resigned his post, but when his +resignation was accepted he was too ill to travel. He too died at +'Alwington,' Kingston, on May 30, 1843; but the voice of rancorous +detraction was not hushed around +<SPAN CLASS="pagenum">{<A NAME="P81"></A>81}</SPAN> +his death-bed. 'Imbecile' and +'slave' were among the milder terms of abuse. Bagot was the second +governor in swift succession to render up his life in the discharge of +his duty. And he was not the last. It was as if some blight or curse +rested on the office which made it fatal to the holder. The Canadian +treatment of Bagot, a high-minded gentleman who honestly performed a +thankless task, should make every Canadian hang his head. +</P> + +<P> +Bagot's successor was Sir Charles Metcalfe. He arrived at Kingston +from the American side on March 29, 1843, in a close-bodied sleigh +drawn by four greys. His experience must have been novel since he +landed at Boston and posted overland to reach the capital of the +colony. The whole country was still deep in snow and must have +presented the strangest aspect to a man who had spent his life in the +tropics. He was received at the foot of Arthur Street by an +enthusiastic concourse of citizens, with appropriate ceremony and show. +'A thorough-looking Englishman with a jolly visage,' as he was +characterized by an eye-witness, he made a favourable first impression +upon the people of his government. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P82"></A>82}</SPAN> + +<P> +Metcalfe had received his training as a 'writer' in the old East India +Company and must have been a contemporary of Thackeray's Joseph Sedley. +He was born in India, at Lecture House, Calcutta, on January 30, 1785. +Eleven years later he entered Eton, where he at once evinced remarkable +powers of application and a marked distaste for athletic sports, two +traits which would mark him off as an oddity from the herd of English +schoolboys. At the age of sixteen he was back in the land of his +birth. His was a distinguished career. By 1827 he had risen to +membership in the Supreme Council of India. Later he acted as +provisional governor-general, and obtained the Grand Cross of the Bath. +In 1838 he resigned his position and became governor of Jamaica. +Perhaps the most significant incident in his career was his fighting as +a volunteer in the storming of Deeg, on Christmas Day 1804. The +courage which sends a civilian into a desperate hand-to-hand fight, to +which he is not obliged to go, must be above proof. Metcalfe had no +pecuniary interest in his position. He was a wealthy man, who spent +far more than his official salary in the various ways a +governor-general +<SPAN CLASS="pagenum">{<A NAME="P83"></A>83}</SPAN> +is expected to bestow largesse. His 'jolly +visage' bore the marks of a cruel and incurable disease. He is still +remembered in India as the author of the bill which established the +freedom of the press. The historian Macaulay calls him 'the ablest +civil servant I ever knew in India.' Durham, Sydenham, Bagot, +Metcalfe—Britain had few more distinguished or more able servants of +the state; and they devoted all their powers, without a thought of the +cost to themselves, to solving a vital problem in the maintenance of +the Empire. Their more obvious rewards were obloquy and death. +</P> + +<A NAME="img-082"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-082.jpg" ALT="Sir Charles Metcalfe. After a painting by Bradish" BORDER="2" WIDTH="475" HEIGHT="613"> +<H4 CLASS="h4center" STYLE="width: 475px"> +Sir Charles Metcalfe. <BR> +After a painting by Bradish +</H4> +</CENTER> + +<P> +The misfortune of Metcalfe was that his entire political training had +been gained in governing subject races, Hindus in India and negroes in +Jamaica, races 'so accustomed to be trampled on by the strong that they +always consider humanity as a sign of weakness.' Now old, and fixed in +his mental set, autocratic as an Indian civil servant must be, he came +to deal with a rude, unlicked, white democracy, impatient of control as +Durham discovered, and acutely jealous of its rights. In theory +Metcalfe should have been most sympathetic, for in English politics he +was an advanced Whig, strongly in favour of such +<SPAN CLASS="pagenum">{<A NAME="P84"></A>84}</SPAN> +popular measures +as abolition of the Corn Laws, vote by ballot, the extension of the +franchise. Besides, he was honestly desirous of playing the +peacemaker. None the less, his administration was marked by a reaction +towards the old Tory state of affairs, and produced a ministerial +crisis which threatened to bring back the reign of Chaos and old Night. +</P> + +<P> +The primal difficulty lay in the governor's mental attitude. He saw +with perfect clearness what had already been done. Durham had +enunciated a theory, which Sydenham had put into effect by being his +own minister, and Bagot had followed resolutely in Sydenham's +footsteps. The group of colonial officials known as the Executive +Council had in the meantime tasted power. They now ventured to speak +of themselves as 'ministers,' as a 'cabinet,' as the 'government,' as +the 'administration'; and these terms, with their corollaries and +implications, had met with general acceptance. But Metcalfe considered +them inadmissible, as limiting too much the power of the governor, and, +as a consequence, the authority he represented. He was determined not +to be a mere figurehead on the ship of state; he would +<SPAN CLASS="pagenum">{<A NAME="P85"></A>85}</SPAN> +be captain, +in undisputed command. Theoretically, if he were to be guided solely +by the advice of the local ministry, he would be 'responsible' to them +instead of to his sovereign; his office would be a nullity, and the +difference between a colony and an independent state would have +disappeared. Theoretically Metcalfe and the Tory pamphleteers who +supported him were right in their contentions. Complete freedom to +manage its own affairs should, if logic were strictly followed, +separate the colony from the mother country; but the British genius for +compromise has met the difficulty in a thoroughly British way by +avoiding any precise and rigid definition of the relations existing +between the mother country and the daughter state. That 'mere +sentiment' should hold the two more firmly together than the most +deftly worded treaty or legal enactment is proved to the world in these +later days by the sacrifices of Canada to the common cause during the +Great War. But there was little reason for holding this belief in the +forties of the nineteenth century. Conflict between a masterful +governor like Metcalfe, accustomed to the old order, and political +leaders like Baldwin and LaFontaine, trying to +<SPAN CLASS="pagenum">{<A NAME="P86"></A>86}</SPAN> +bring in a new +order, was inevitable; their modes of thought were diametrically +opposed; the only question was when the clash should come. +</P> + +<P> +The third session of the first parliament of Canada opened towards the +end of September 1843. In an Assembly of eighty-four members the party +of Reform numbered sixty, an overwhelming majority; for the +<I>rapprochement</I> between the sympathetic parties of the two provinces +was now complete. The leader of the opposition was Sir Allan MacNab of +<I>Caroline</I> fame, a typical soldier-politician, narrow but honest in his +views, and, like his countryman Alan Breck, a 'bonny fighter.' It was +a momentous session. Reform was firmly in the saddle at last. No +opposition could hope to defeat whatever measure the government might +choose to bring forward. Nor could the government be reproached, as +before, with merely talking and doing nothing. Much legislation of the +first importance stands to its credit. One of the measures passed at +this session provided that the seat of government should be removed +from Kingston to the commercial metropolis, Montreal. For how short a +time Montreal should have this honour, none could imagine +<SPAN CLASS="pagenum">{<A NAME="P87"></A>87}</SPAN> +or +foresee. By another wise measure placemen were removed from the +Assembly; that is to say, permanent officials, such as judges and +registrars, could not hold their positions and be members of +parliament. For this important change LaFontaine was responsible, as +well as for another bill which simplified the judicial system of Lower +Canada. An attempt was made to bridle the turbulence of Irish +factions, which had brought to Canada the long-standing, cankered +quarrels of the Old World. A bill was passed to suppress all secret +societies except the Freemasons. It was, of course, aimed straight at +the Orange Society, that vigorous politico-religious organization which +preserves the memory of a Dutch prince and of a battle he fought in the +seventeenth century. To this bill Metcalfe did not assent, but +'reserved' it, as was his undoubted right, for the royal sanction. In +the end that sanction was not given, and the Act did not become law. +The 'reserving' of this bill seems to have occasioned little comment; +but, as will be seen in a subsequent chapter, the refusal of another +governor to 'reserve' another bill caused a storm. Hincks, the man of +finance, gave the country 'protection' against the +<SPAN CLASS="pagenum">{<A NAME="P88"></A>88}</SPAN> +competition of +the American farmer, a political device which was destined to much +wider use. The all-important matter of education received the +attention of the Assembly. What had been done before was, most +significantly, to make provision for higher education by establishing +'grammar schools' in the different districts, as foundations for the +superstructure of a university. It might have been called a provision +for aristocratic education. Now a measure became law for the better +support of the common schools. This was provision for democratic +education, a necessary corollary to popular government, for if Demos is +to rule, Demos cannot be left in ignorance; the peril of an ignorant +ruler is too frightful. +</P> + +<P> +Then came the difficult problem of the provincial university. It is +interesting to note how the educational history of one Canadian +province is repeated in another. In Nova Scotia, King's College was +founded by the exiled Loyalists from the United States towards the end +of the eighteenth century. It was the child of the Church of England. +The first bishop of Nova Scotia secured for it the support of the +provincial Assembly. Naturally, it was modelled on the +<SPAN CLASS="pagenum">{<A NAME="P89"></A>89}</SPAN> +great +English university of Oxford, and, like the Oxford of that day, was +designed solely for the education of those within the pale of the +national church. But this provincial university, which has the honour +of being the oldest in the British dominions overseas, was supported by +public funds partly contributed by 'dissenters,' whose creed excluded +them from it. Only at the price of their religious principles could +the 'dissenters' of Nova Scotia obtain the boon of higher education. +Therefore they set to work to found an independent 'academy' of their +own. In Upper Canada events marched down the same road. There, +another privileged 'King's College,' exclusively Anglican, was founded +early in the nineteenth century, and richly endowed with public lands. +The excluded 'dissenters' set about founding colleges of their own; and +thus Queen's College and Victoria College took their rise. Robert +Baldwin had the vision of a comprehensive state university, on a broad +non-denominational basis, in which all these colleges should be +component parts. He brought in a bill to found the University of +Toronto, a measure on which time has set its approving seal. The many +stately buildings which adorn +<SPAN CLASS="pagenum">{<A NAME="P90"></A>90}</SPAN> +Queen's Park, the long distinguished +roll of graduates, the noble group of affiliated colleges, Knox, St +Michael's, Trinity, Wycliffe, Victoria, attest the wisdom of Baldwin's +far-seeing measure. Bishop Strachan, the doughty Aberdonian champion +of Anglican rights and privileges, led a crusade against this 'godless +institution' and raised the cry of spoliation. The echoes of that +wordy warfare have even now hardly died away. Having failed to prevent +the founding of Toronto, the indefatigable bishop founded a new +Anglican university, Trinity, which in the fullness of time was merged +in the great provincial university. But this is to anticipate. +Baldwin's bill had reached its second reading, when the ministry blew +up. +</P> + +<P> +In the end of November the inevitable clash occurred. Metcalfe was no +believer in responsible government as understood by the Reformers; and +he was determined to uphold the prerogative of the Crown. For one +thing, he was not going to surrender the right of appointment. He had +made several appointments without consulting his ministers. When, on +his own authority, he appointed a clerk of the peace, they determined +to make it a test case. They considered that, by +<SPAN CLASS="pagenum">{<A NAME="P91"></A>91}</SPAN> +ignoring them, +he had violated an important constitutional principle; and when they +were unable to convince him cf this in a personal conference, they +resigned in a body (with a single exception) on November 26, 1843. +This produced what is known as the Metcalfe Crisis. In a formal +statement before the House the Reformers took the ground that they +could not be 'responsible' for appointments made without their +knowledge. The governor was to act on their advice; but he had acted +without giving them a chance to advise him. Metcalfe, on the other +hand, maintained that the Reformers wanted him to surrender the +patronage of the Crown 'for the purchase of parliamentary support.' He +opposed patronage for party purposes. Let the long history of +political appointments since that day, of patronage committees, attest +that the governor was partly in the right. The formal statements of +both sides in the dispute were at once made public and produced a +popular furore, second in intensity only to that which had led up to +and attended the rebellion. Sydenham's confidence that his work could +not be undone by any successor seemed for a time ill-founded. +</P> + +<P> +The resignation of the ministry was only +<SPAN CLASS="pagenum">{<A NAME="P92"></A>92}</SPAN> +the opening gun in a +political campaign, the object of which was to drive the governor from +office. On laying the reasons for their action before the House the +ministry received an enthusiastic vote of confidence; but their +resignation took effect, and on the ninth of December the Assembly was +prorogued. Both parties then set the battle in array against the +coming election. An agitation of almost unparalleled violence began. +Public meetings, banquets, speeches, pamphlets, newspapers, all +contributed not so much to agitate as to convulse the country. For all +his easy manner Metcalfe was an indomitable fighter, and into this, his +last fight, he threw himself with an amazing energy. And he did not +have to fight alone. There was no little dislike for the +LaFontaine-Baldwin Cabinet and no slight exultation when it was +supposed to be 'dismissed' by a loyal and manly governor. There is no +doubt that in this struggle Metcalfe overstepped the metes and bounds +within which a colonial governor could rightly act. He abandoned any +attitude of official impartiality. He espoused the cause of one party, +and used his great influence to aid that party to power. In the +meantime he had no executive, or an executive of one; and all +<SPAN CLASS="pagenum">{<A NAME="P93"></A>93}</SPAN> +through the summer of 1844 he was tireless in his efforts to persuade +men of standing to accept office under Draper. The crux of the +situation was to obtain French-Canadian support for an English Tory +governor. One prominent Frenchman after another was 'approached,' but +without success. Finally Metcalfe managed to scrape together a +ministry which included such noted French Canadians as 'Beau' Viger and +D. B. Papineau, a brother of the leader of '37. Then, having dissolved +the Assembly, the governor issued writs for a new election. That +election in the autumn of 1844 was attended with great riot and +disorder. Both sides resorted to violence. When the House assembled, +it was found that Metcalfe and the Tories had triumphed. The Reformers +were in the minority. While Lower Canada had returned LaFontaine with +a strong following, the western province had sent a phalanx to support +the governor. Among the other curiosities of this remarkable election +was the defeat of Viger by Wolfred Nelson, lately in arms against Her +Majesty's government. In this contest a young lawyer of Scottish +descent carried Kingston for the Tories. He was destined to go far. +His name was John Alexander Macdonald. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P94"></A>94}</SPAN> + +<P> +Metcalfe had triumphed, but he held power by a very narrow majority; +the parties stood forty-six to thirty-eight. In the usual trial of +strength—the election of a Speaker—Sir Allan MacNab was chosen by a +majority of only three votes. And yet Draper, that expert balancer on +the tight rope, managed to carry on a government under these conditions +for three full years. Perceiving that he must secure the support of +the French if his party was to survive at all, he adroitly brought in +favourite Reform measures as if they were his own, thus cutting the +ground from under his opponents' feet. For example, English had been +made the sole official language of the legislature. Now, the astute +party leader managed to get this obnoxious clause in the Act of Union +repealed. He even went further and endeavoured to win over the +French-Canadian party wholesale by offering desirable positions; but in +this intrigue he failed. +</P> + +<P> +In the meantime the Act appointing a new capital had come into effect. +Kingston gave place to Montreal, for a season. The huge Ste Anne's +market building in the west of the city was turned into a parliament +house, destined to the fate of Troy. Here was held +<SPAN CLASS="pagenum">{<A NAME="P95"></A>95}</SPAN> +the session of +1844-45. Such legislation as was passed had no direct bearing on the +question of responsible government. Before the session ended news came +that the home government intended to raise the governor to the peerage +as Baron Metcalfe of Fern Hill. His brief two years in Canada formed +only an episode in the long career of a distinguished public servant. +He had made his name and spent his life in India. The contemplated +honour was well deserved; and it was designed by the home government as +recognition of his services to the state as a whole, rather than as +special approval of his administration of Canada. But so the Reformers +construed Metcalfe's elevation; and they were furious. Even the +moderate Baldwin was betrayed into unwonted vehemence. What would have +happened, if Metcalfe had remained in office, none can tell. Perhaps a +second civil war. But 'death cut the inextricable knot.' His deadly +disease returned after a delusive interval, as is its hideous custom. +His health failed; the cancer ate into his eye and destroyed the sight. +It was apparent that he could no longer perform the duties of his +office. He asked to be recalled; but the authorities at +<SPAN CLASS="pagenum">{<A NAME="P96"></A>96}</SPAN> +home, +knowing of his malady, had anticipated his desire. The courage that +sent the boy 'writer' into the deadly assault on Deeg sustained the old +proconsul through the slow torture of the months of life remaining to +him. He quitted Canada in November 1845, a dying man, and, to the +shame of Canada, amid the untimely exultation of his political +opponents. In less than a year he was dead. Macaulay composed his +epitaph. Metcalfe was a man of mark; and he had his share in building +up the British Empire. His name distinguishes a street in Ottawa and a +hall in Calcutta; and his statue stands in the former capital of +Jamaica. +</P> + +<BR><BR><BR> + +<A NAME="chap04"></A> + +<SPAN CLASS="pagenum">{<A NAME="P97"></A>97}</SPAN> + +<H3 ALIGN="center"> +CHAPTER IV +</H3> + +<H4 ALIGN="center"> +THE GREAT ADMINISTRATION +</H4> + +<P> +On Metcalfe's departure from Canada the administration passed into the +hands of Lord Cathcart, commander-in-chief of the forces. He was one +of the many fine soldiers who have had their part in the upbuilding of +Canada and whose services have received the very slightest recognition. +Of an ancient Scottish family, he had fought in the great Napoleonic +wars from Maida to Waterloo, where he had greatly distinguished +himself. After the peace he had turned his attention to the study of +natural science, and he had made some important contributions to +mineralogy. Cathcart held office from November 26, 1845, until January +30, 1847, some fourteen months. He wisely left Canadian politics to +Canadian politicians, and merely watched the machinery revolve. At +first he was merely administrator, but, on danger threatening from the +unsettled dispute over +<SPAN CLASS="pagenum">{<A NAME="P98"></A>98}</SPAN> +the Oregon boundary, he was raised to the +rank of governor-general. +</P> + +<A NAME="img-098"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-098.jpg" ALT="Charles, Earl Grey. From the painting by Sir Thomas Lawrence" BORDER="2" WIDTH="474" HEIGHT="717"> +<H4 CLASS="h4center" STYLE="width: 474px"> +Charles, Earl Grey. <BR> +From the painting by Sir Thomas Lawrence +</H4> +</CENTER> + +<P> +His successor was also a Scot, James Bruce, Earl of Elgin and +Kincardine, directly descended from the patriot king Robert the Bruce. +His father was the British ambassador who salvaged the 'Elgin marbles' +from the Parthenon and sold them to the nation, thus drawing down upon +himself the angry satire of Byron in 'The Curse of Minerva' and 'Childe +Harold's Pilgrimage.' The new governor-general was young, poor, and +able. Far more than his predecessors, he had enjoyed the advantages of +a regular education. At Eton he had Gladstone for a school-mate, and +at Oxford he was in the same college with Dalhousie, the future +governor-general of India. He was also distinguished in two ways: he +was a sincere Christian of the devout evangelical type, and he had a +gift of speech that would have been remarkable in any man, but was +remarkable most of all in a high official of a rather tongue-tied race. +His native gift of eloquence was carefully cultivated and proved to be +of great value in many points in his public career. His family ties +are interesting. His first wife, a Miss Bruce, met a tragic fate. The +vessel in which +<SPAN CLASS="pagenum">{<A NAME="P99"></A>99}</SPAN> +she accompanied her husband to the West Indies was +wrecked on the voyage out; she never recovered from the shock and +exposure, and died not long after. His second wife was a daughter of +Lord Durham and a niece of Earl Grey, who was, in 1845, colonial +secretary, and to whose influence Elgin owed his appointment as +governor-general. He was thoroughly well qualified for the post. At +the same time it was a way of providing for a relative who was not +rich. Like Metcalfe, Lord Elgin came to Canada by way of Jamaica, +which he had administered in the dark days that followed the +emancipation of the slaves. His broad training, his Liberal politics, +his family affiliations all predisposed him to accept the rôle which +Metcalfe had definitely refused, the rôle, namely, of a constitutional +governor-general, guided solely by the advice of a ministry +representing the majority in parliament. In other words, Elgin had his +mind made up to conform entirely to the principle of responsible +government as understood in the colony. He was not long in the country +before he made his intentions public; and to his fixed policy he +adhered through good report and through evil report, at no small cost +to himself, for +<SPAN CLASS="pagenum">{<A NAME="P100"></A>100}</SPAN> +never were a Canadian governor-general's +principles put to a more severe test. +</P> + +<P> +Elgin reached Montreal in the end of January 1847, and was heartily +welcomed by both political parties. He, on his part, was ready to +admire the 'perfectly independent inhabitants' of this 'glorious +country,' whose demeanour was certainly not that of the recently +liberated slaves in his former satrapy. The 'independent inhabitants' +voted him 'democratic' for walking out to 'Monklands' in a blizzard, +when hardly any one else was stirring abroad. He was made welcome for +another reason. The experiment of popular government was not working +particularly well. The constitution did really 'march,' but with +ominous creakings and groanings, which seemed to threaten a complete +break-down. This must be the case with every government which tried to +perform its functions with but a small majority at its back. The +unanimous welcome accorded to the governor-general by both sides of +politics implied a belief that somehow or other he could find a way out +of the present difficulties and induce the governmental machine to work +smoothly. It was a faith in the efficacy of the god from the machine. +<SPAN CLASS="pagenum">{<A NAME="P101"></A>101}</SPAN> +The Draper government was growing weaker and weaker, being +continually defeated in the House, and consequently discredited before +the country. Its difficulties were increased by events outside of +Canada over which the government could have no control. The hideous +Irish famine of 1846-47 had its reaction upon Canada, for thousands of +starving emigrants tried to escape to the new land, and, after enduring +the long-drawn horrors of the middle passage, reached Canada only to +die like plague-stricken sheep of fever and sheer misery. The monument +at Grosse Isle does not tell half the shame and suffering of that +tragic time. And the Draper government showed no ability to cope with +the problem. At length, in December 1847, Lord Elgin dissolved the +House and a new election took place. It resulted in a complete victory +at the polls for the party of Reform. The leaders, Baldwin, +LaFontaine, and Hincks, were all returned. Only a handful of the other +party came back; but among them were Sir Allan MacNab and the young +Kingston lawyer, John A. Macdonald. +</P> + +<P> +The new House met on February 25, 1848. In the trial of strength over +the Speakership the Reformers won. Sir Allan MacNab was +<SPAN CLASS="pagenum">{<A NAME="P102"></A>102}</SPAN> +again +the nominee of the Tories; Baldwin nominated his friend, Morin, who had +command of both French and English, a necessary qualification for the +presiding officer of a bilingual parliament. And Morin was chosen +Speaker by a large majority. In accordance with the rules the remnant +of the Draper ministry resigned, and LaFontaine and Baldwin formed a +new Cabinet. This is known in Canadian history as the 'Great +Administration,' which lasted until the retirement in 1851 of both the +noted leaders from public life. The distinction is well deserved, not +only on account of the high character of the leaders, and the value of +the political principles affirmed and put in practice, but also on +account of the permanent value of the legislative programme which it +carried to successful completion. The ensuing session was very short; +for time was needed to prepare the various important measures which the +Reformers intended to bring forward. The troubled year of European +revolution, 1848, was rather colourless in the annals of Canada; not so +the year which followed. +</P> + +<P> +The eventful session of 1849 opened on the eighteenth of January, in a +parliament building improvised out of St Anne's market near +<SPAN CLASS="pagenum">{<A NAME="P103"></A>103}</SPAN> +what +is now Place d'Youville, Montreal. The Speech from the Throne +announces a programme of the more important measures to be brought +before parliament. In this case the Speech was a promise to deal with +such vital matters as electoral reform, the University of Toronto, the +improvement of the judicial system, and the completion of the St +Lawrence canals. It also contained two announcements most gratifying +to the French: first, that amnesty was to be offered to all political +offenders implicated in the troubles of '37-'38; and second, that the +clause in the Act of Union which made English the sole official +language had been repealed. The governor-general displayed his tact +and his goodwill by reading the Speech in French as well as in English, +a custom which has continued ever since. +</P> + +<P> +A striking incident in the opening debate on the Address was the +passage at arms between LaFontaine and Papineau, between the new and +the old leader of French-Canadian political opinion. In '37 Papineau +had roused his countrymen to armed resistance of the government; but he +had wisely refrained from placing himself at the head of the +insurgents. Together with his secretary, +<SPAN CLASS="pagenum">{<A NAME="P104"></A>104}</SPAN> +O'Callaghan, he had +witnessed the fight at St Denis from the other side of the river, but +took no part in it. He had afterwards reached the American border in +safety. From the United States he had passed over to France, where he +had consorted with some of the advanced thinkers of the capital. In +1843 LaFontaine, by his personal exertions with Metcalfe, was able to +gain for his exiled chief the privilege of returning without penalty to +his native land. Papineau, however, did not avail himself of the +privilege until four years later; he found life in Paris quite to his +taste. A curious result of his return, a pardoned rebel, was his +claiming and receiving from the provincial treasury the nine years' +arrearage of salary due to him as Speaker in the old Assembly of Lower +Canada. In the elections of 1847 he stood for St Maurice, and he was +elected. In the new parliament he took the rôle of irreconcilable; his +whole policy was obstruction. What he could not realize was, that +during his ten years of absence the whole country had moved away from +the position it had occupied before the outbreak of the rebellion; and, +in moving away, it had left him hopelessly behind. His only programme +was +<SPAN CLASS="pagenum">{<A NAME="P105"></A>105}</SPAN> +uncompromising opposition to the government which had +forgiven him, and the vague dream of founding an independent French +republic on the banks of the St Lawrence. In the brief session of 1848 +he attempted, but without success, to block the wheels of government. +Now, in the second session, the fateful session of 1849, he delivered +one of his old-time reckless philippics denouncing the tyrannical +British power, the Act of Union—the very measure he was supposed to +have battled for—responsible government, and, above all, those of his +own race who supported the new order. LaFontaine took up the gauntlet. +His retort was as obvious as it was crushing. If the French Canadians +had refused to come in under the Act of Union, they would have been +depriving themselves of any share whatever in the government of their +country. If they had refused to come in, Papineau would not have been +permitted to return, or to sit once more as a legislator and a free man +in the national parliament. The reply was unanswerable, and it put a +period to the influence of Papineau. Foiled and discredited, the old +leader was never again to sway the masses of his countrymen as the moon +sways the tides. His day was done. None the less, +<SPAN CLASS="pagenum">{<A NAME="P106"></A>106}</SPAN> +the prestige +of his name drew after him a small following of the younger and more +ardent men to whom he taught the pure Radical doctrine. In <I>L'Avenir</I>, +the propagandist journal which he founded, he preached repeal of the +Union and annexation to the United States. Before long he abandoned an +arena in which he was no longer the great central figure for dignified +seclusion on his seigneury of Montebello beside the noble Ottawa. +</P> + +<P> +In spite of all blind opposition a broad and enlightened programme of +legislation was carried out. Nearly two hundred measures, many of +prime importance, stand to the credit of this busy session. The vexed +question of a provincial university was finally settled. Baldwin's +bill for the founding of the University of Toronto, which had been laid +to one side by the Metcalfe crisis, was taken up again and carried +through all its stages to the status of a law. Conceived as the apex +and crown of a comprehensive scheme of education as broad as the +province, the University of Toronto more than met the hopes of its +founder. A straight road had been devised from the first class in the +common school to the highest department of collegiate instruction. The +needs of the +<SPAN CLASS="pagenum">{<A NAME="P107"></A>107}</SPAN> +democracy had not been neglected, but wise and ample +provision had been made for the ambitious and aspiring few. How +completely the university has justified its existence is attested by +the spectacle of both political parties competing with each other in +their benevolence towards an honoured, national foundation. By the +multiplying generations of Toronto graduates the name of Robert Baldwin +should be held in high esteem as of the man who made possible the seat +of learning they are so proud to name their <I>alma mater</I>. +</P> + +<P> +Another wise measure for which Baldwin deserves no little praise is the +Municipal Corporations Act. The title has a dry, legal look, and will +suggest little or nothing to the general reader except, possibly, red +tape. Moreover, the system by which the subdivisions of the +country—the county, the township, the incorporated village—govern +themselves seems so obvious and works so smoothly in actual practice +that it seems part of the order of nature, and must have existed from +the time beyond which the memory of man runneth not to the contrary. +But the present extended system of home rule in Canada did not descend +from heaven complete, like the +<SPAN CLASS="pagenum">{<A NAME="P108"></A>108}</SPAN> +Twelve Tables. It was a gradual +growth, or evolution, from the old system, by which the local justices +of the peace, sitting in quarter sessions, assessed the local taxes, +with the difference that it was not an unconscious growth. The plant +set by Sydenham's hand was tended, cultivated, and brought to maturity +by Baldwin. The measure, as it became law in 1849, has proved to be of +the greatest practical value; it has won the approval of competent +critics; and it has served as a model for the organization of other +provinces. Commonplace and humdrum as this measure may seem to +Canadians in the actual domestic working of it, there are other parts +of the Empire—Ireland, for example—which were to lag long behind. +The lack of such privileges is a grievance elsewhere. Even to-day, the +rural districts of England have not as extensive powers of +self-government as the counties of Ontario. If the farmers of the +Tenth Concession had to go to Ottawa and see a bill through the House +every time they wanted a new school, if they had months of waiting for +proper authorization, not to mention expenses of legislation to meet, +they might appreciate more keenly the advantages they enjoy in virtue +of this +<SPAN CLASS="pagenum">{<A NAME="P109"></A>109}</SPAN> +forgotten Act of 1849. The lover of the picturesque will +not regret that terms with the historic colour of 'reeve' and 'warden' +were made part and parcel of a democratic system in the New World. +</P> + +<P> +It was a session of constructive statesmanship. The judicial system of +the province needed to be revised, extended, and simplified; and these +things were done. The economic condition of Canada was anything but +satisfactory. For years the country had 'enjoyed a preference' in the +British markets, in accordance with the old, plausible theory that +mother country and colony were best held together by trade arrangements +of mutual advantage, by which the colony should supply the mother +country with raw material and the mother country should supply the +colony with manufactured products. Suddenly all Canada's business was +dislocated by Peel's adoption of free trade in 1846. In consequence +Canada had no longer any advantage in the British market over the rest +of the world, and Canadian timber-merchants and grain-growers had an +undoubted grievance. The general commercial depression, which had set +in at the time of the rebellions, became worse and worse. +<SPAN CLASS="pagenum">{<A NAME="P110"></A>110}</SPAN> +Lord +Elgin's often-quoted words picture the deplorable state of the country: +'Property in most of the Canadian towns, and more especially in the +capital, has fallen fifty per cent in value within the last three +years. Three-fourths of the commercial men are bankrupt, owing to free +trade; a large proportion of the exportable produce of Canada is +obliged to seek a market in the United States. It pays a duty of +twenty per cent on the frontier. How long can such a state of things +be expected to endure?' For a remedy the active mind of Hincks turned +to the obvious alternative of the British market, the natural market +just across the line; and he opened up negotiations with the United +States looking towards reciprocal trade. He could scarcely obtain a +hearing. The way was blocked by the complete indifference of the +United States Senate towards the whole project. Not until five years +later did relief come; and it came through the initiative and personal +diplomacy of Lord Elgin. To him belongs the credit for the famous +Reciprocity Treaty of 1854. This signifies that for the twelve years +during which the treaty was in force the artificial barriers to the +currents of trade between +<SPAN CLASS="pagenum">{<A NAME="P111"></A>111}</SPAN> +adjacent countries were, to a large +extent, removed, certainly to the great advantage of all British North +America. It was a unique period in Canadian history. Never before had +the trade relations between Canada and the United States been so +friendly, and never have they been so friendly since. +</P> + +<P> +In another great enterprise of national importance Hincks was more +successful. The forties of the nineteenth century saw the first great +era of railway building. This novel method of transportation was +perceived to have immense undeveloped possibilities. In Britain, where +steam traction was invented, companies were formed by the score and +lines were projected in every direction. It was a time of wild +speculation, in which emerged for the first time the new type of +company promoter. From England the rage for railways spread to the +Continent and to America. While Hincks was working at the problem in +Canada, Howe was working at it in Nova Scotia. To link the East with +the West, Montreal with Toronto, Montreal with the Atlantic seaboard, +Montreal with the Lake Champlain waterways to the southward, was the +general design of the first Canadian railways. It was in this period +that the first +<SPAN CLASS="pagenum">{<A NAME="P112"></A>112}</SPAN> +sections were built of those Canadian lines which, +in half a century, have grown into immense systems radiating across the +continent. Hincks's idea was to aid private enterprise by government +guarantees of the interest on half the cost of construction. Canada is +now laced with iron roads from ocean to ocean. The man who laid the +foundation of these immense systems in the day of small beginnings +should never be forgotten. +</P> + +<P> +So the busy session went on, until a measure was introduced which +aroused a storm of opposition, threatened a renewal of civil war, and +tested the principle of responsible government almost to the breaking +strain. This was the Act of Indemnification, a part of the bitter +aftermath of the rebellion twelve years before. +</P> + +<P> +War, even on the smallest scale, means the destruction of property. In +the troubles of '37 buildings were burned down in the course of +military operations. For example, good Father Paquin of St Eustache +had long to mourn the loss of his church and the adjoining school. As +it stood on a point of land at the junction of two streams and was +strongly built of stone, it was an excellent +<SPAN CLASS="pagenum">{<A NAME="P113"></A>113}</SPAN> +place of defence +against the attack of Colborne's troops. On the fatal fourteenth of +December 1837 it was stoutly held by Chenier and his men, until two +British officers broke into the sacristy and overset the stove. Soon +the fire drove the garrison out of the building, which was destroyed +along with the new school-house near by. His parishioners were loyal, +Father Paquin contended in a well-reasoned petition; it was not they +but the discontented people of Grand Brulé who had seized the town; yet +the result was ruin. In the affair of Odelltown in 1838 a citizen's +barn was burnt down by orders of the British officer commanding because +it gave shelter to the rebels. Near St Eustache the Swiss adventurer +and leader of the rebels, Amury Girod, took possession of a farm +belonging to a loyal Scottish family. His men cut down the trees about +the farm-house, fortified it rudely, and lived in it at rack and manger +until Colborne came to St Eustache. These were typical cases of loss, +and surely, when order was again restored, they were cases for +compensation. The loyal and the innocent should not have to suffer in +their goods for their innocence and their loyalty. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P114"></A>114}</SPAN> + +<P> +Claims for compensation were made early. In the very year of the +rebellion the Assembly of Upper Canada passed an Act appointing +commissioners to inquire into the amount of damage done to the property +of loyal citizens; and in the following year it voted a sum of £4000 to +make good the losses. Men were paid for a cow driven off, or for an +old musket commandeered. The Special Council of Lower Canada made +similar provision, as was only natural and right; but its task was much +harder than that of the Assembly's. Clearly, the property of loyalists +destroyed or injured during the civil strife should be made good. This +was mere justice. It was equally clear that the property of open +rebels which had been destroyed or injured should <I>not</I> be made good. +But there was a third category not so easy to deal with. There were +those who were not openly in rebellion, but who were grievously suspect +of sympathy with declared insurgents of their own race and religion. +How far sympathy might have become aid and comfort to opponents of the +government was hard to say. The village of St Eustache, for example, +was set on fire the night following the fight; the troops turned out in +the bitter cold to fight the fire, +<SPAN CLASS="pagenum">{<A NAME="P115"></A>115}</SPAN> +but did not master it until +some eighty houses were burned. What claim could the owners have upon +the government for their losses? In the winter of 1838 the sky was red +with the flames of burning hamlets, says the <I>Montreal Herald</I>. +</P> + +<P> +The law's delay is proverbial. Compensatory legislation dragged its +slow length along for years, and the loyalists who had suffered in +their pocket saw session after session pass, and their claims still +unsatisfied. In 1840 the Assembly of Upper Canada passed an Act +authorizing the expenditure not of four thousand, but of forty thousand +pounds, to indemnify the loyalists who had lost by the 'troubles.' +However, as the Assembly, at the same time, forbore to provide any +funds for the purpose, the Act remained with the force of a pious wish. +The claimants for compensation were none the better for it. Then came +the union of the Canadas. Five more years rolled away, and, in spite +of the usual siege operations of those who have money claims against a +government, nothing was done. The various barns and cows and muskets +were still a dead loss. Then in 1845 the Tory administration of Draper +put the necessary finishing touch to the quaker act of 1840 by +<SPAN CLASS="pagenum">{<A NAME="P116"></A>116}</SPAN> +providing the sum of money required. By drawing on the receipts from +tavern licences collected in Upper Canada over a period of four years, +the government was in the possession of £38,000 for this specific +purpose. But, after the Union, it was manifestly unjust to pay +rebellion losses, as they came to be known, in Upper Canada and not in +Lower Canada. The Reformers of Lower Canada pointed out with emphasis +the manifest injustice of such a proceeding. It therefore became +necessary to extend the scope of the Act. Accordingly, in November +1845, a commission consisting of five persons was appointed to +investigate the claims for 'indemnity for just losses sustained' during +the rebellion in Lower Canada. This commission was instructed to +distinguish between the loyal and the rebellious, but, in making this +vital distinction, they were not to 'be guided by any other description +of evidence than that furnished by the sentences of the courts of law.' +The commission was also given to understand that its investigation was +not to be final. It was to prepare only a 'general estimate' which +would be subject to more particular scrutiny and revision. Appointed +in the end of November 1845, the +<SPAN CLASS="pagenum">{<A NAME="P117"></A>117}</SPAN> +commission had finished its task +and was ready to report in April 1846. Its 'general estimate' was a +handsome total of more than £240,000; it gave as its opinion that +£100,000 would cover all the 'just losses sustained.' Of the larger +amount, it is said that £25,000 was claimed by those who had actually +been convicted of treason by court-martial. Not unnaturally an outcry +rose at once against taking public money to reward treason. The report +could not very well be acted upon; and the government voted £10,000 to +pay claims in Lower Canada which had been certified before the union of +the provinces. Another delay of three years followed, until LaFontaine +took the matter up in the session of 1849. +</P> + +<P> +His general idea was simply to continue and complete the legislation +already in force, in order to do justice to those who had 'sustained +just losses' in the 'troubles' of '37 and '38. The bill provided for a +new commission of five, with power to examine witnesses on oath. In +accordance with the finding of the previous commission, the total sum +to be expended was limited to £100,000. If the losses exceeded that +sum, the individual claims were to be proportionally reduced. +<SPAN CLASS="pagenum">{<A NAME="P118"></A>118}</SPAN> + +The necessary funds were to be raised on twenty-year debentures bearing +interest at six per cent. LaFontaine introduced and explained the +bill, and Baldwin supported it in a brief speech. It was easy enough, +with their unbroken majority, to vote the measure through; but the +storm of opposition it raised might have made less determined leaders +hesitate or draw back. +</P> + +<A NAME="img-118"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-118.jpg" ALT="Sir Louis H. LaFontaine. After a photograph by Notman" BORDER="2" WIDTH="478" HEIGHT="711"> +<H4 CLASS="h4center" STYLE="width: 478px"> +Sir Louis H. LaFontaine. <BR> +After a photograph by Notman +</H4> +</CENTER> + +<P> +The vehemence of the opposition was not due merely to the readiness +with which the faction out of power will seize on the weak aspects of a +question in order to embarrass the government. Such sham-fight tactics +are common enough and may be rated at their proper value. The leaders +of the British party were sincere in their belief that the success of +this measure meant the triumph of the French and the reversal of all +that had been done to hold the colonies for the Empire against rebels +whose avowed purpose was separation. Twelve years had gone by since +they had failed in the overt act. Now Papineau was back in the House, +about to receive his arrears of salary as Speaker. In Elgin's eyes he +was a Guy Fawkes waving flaming brands among all sorts of combustibles. +Mackenzie had been granted amnesty by the monarch +<SPAN CLASS="pagenum">{<A NAME="P119"></A>119}</SPAN> +he had called +'the bloody Queen of England.' Wolfred Nelson, who had resisted Her +Majesty's forces at St Denis, was to have his claim for damages +considered. It was not in the flesh and blood of politicians to endure +all this; and before condemning the opposition to this bill, as is the +fashion with Canadian historians, we might ask what we should have done +ourselves in such circumstances. What the Tories did was to raise the +war-cry, 'No pay to rebels.' It resounded from one end of the province +to the other and roused to life all the passion that had slumbered +since the rebellion. +</P> + +<P> +In the debate on the second reading of the bill a scene almost without +parallel took place on the floor of the House. The Tories taunted the +French with being 'aliens and rebels.' Blake, the solicitor-general +for Upper Canada, retorted the charge, and accused the Tories of being +'rebels to their constitution and country.' In a rage Sir Allan MacNab +gave him 'the lie with circumstance,' and the two honourable members +made at each other. Only the prompt intervention of the +sergeant-at-arms prevented actual assault. The two belligerents were +taken into his custody. Some of the excited spectators who +<SPAN CLASS="pagenum">{<A NAME="P120"></A>120}</SPAN> +hissed and shouted were also taken into custody; and the debate came to +a sudden end that day. Those were the days of 'the code,' and why a +'meeting' was not 'arranged' and why Sir Allan did not have an +opportunity of using his silver-mounted duelling pistols is not quite +clear. The tempers of our politicians have much improved since that +violent scene occurred. No slur on the word of an honourable +gentleman, no imputation of falsehood, would now be so hotly resented +in our legislative halls. +</P> + +<P> +The violence and the excitement which prevailed in parliament were +repeated and intensified throughout the country. Everything that could +be effected by public meetings, petitions, protests, was done to +prevent the bill from passing, or, if it passed, to prevent the +governor-general from giving his assent to it, or, as a last resource, +to induce the Queen to disallow the obnoxious measure. The whole +machinery of agitation was set in motion and speeded up, to prevent the +bill becoming law. 'Demonstrations'—in plain English, rows—took +place everywhere. Sedate little Belleville was the scene of fierce +riots. Effigies of Baldwin, Blake, and Mackenzie were paraded through +the streets of Toronto +<SPAN CLASS="pagenum">{<A NAME="P121"></A>121}</SPAN> +on long poles 'amid the cheers and +exultations of the largest concourse of people beheld in Toronto since +the election of Dunn and Buchanan.' Finally the effigies were burned +in a burlesque <I>auto-da-fé</I>. This ancient English custom was a milder +method of expressing political disapproval than the native American +invention of tar-and-feathers; but it seems to have been equally +soothing to the feelings. An outside observer, the <I>New York Herald</I>, +expected the disturbance to end in 'a complete and perfect separation +of those provinces from the rule of England'; but in those days +American critics were always expecting separation. +</P> + +<P> +No clearer mirror of the crisis is to be found than in the words of the +man on whom lay the heaviest responsibility, the governor-general +himself. This is his private opinion of the bill: 'The measure itself +is not free from objection, and I very much regret that an addition +should be made to our debt for such an object at this time. +Nevertheless I must say I do not see how my present government could +have taken any other course.' He also calls it 'a strict logical +following out' of the Tory party's own acts; and he has 'no doubt +whatsoever +<SPAN CLASS="pagenum">{<A NAME="P122"></A>122}</SPAN> +that a great deal of property was wantonly and cruelly +destroyed at that time in Lower Canada.' He was petitioned to dissolve +parliament if the bill should pass; his judgment on this alternative +runs: 'If I had dissolved parliament, I might have produced a +rebellion, but most assuredly I should not have produced a change of +ministry.' The other alternative of reserving the bill seemed, as he +balanced it in his mind, cowardly. He would create no precedent. +Bills had been reserved before, and had been refused the royal +sanction; to reserve this one would be no departure from established +custom; but, he writes to Lord Grey, 'by reserving the Bill, I should +only throw upon Her Majesty's Government ... a responsibility which +rests, and ought, I think, to rest, on my own shoulders.' The +sentences which follow evince an ideal of public service that can only +be called knightly. The executive head of the government was ready to +face failure and disgrace, to the ruin of his career, rather than shirk +the responsibility which was really his. 'If I pass the Bill, whatever +mischief ensues may possibly be repaired, if the worst comes to the +worst, by the sacrifice of me. Whereas +<SPAN CLASS="pagenum">{<A NAME="P123"></A>123}</SPAN> +if the case be referred +to England, it is not impossible that Her Majesty may have before her +the alternative of provoking a rebellion in Lower Canada ... or of +wounding the susceptibilities of some of the best subjects she has in +the province.' From the first Elgin had firmly made up his mind to +fill the rôle of constitutional governor; he believed that the best +justification of Durham's memory, and of what he had done in Canada, +would be a governor-general working out fairly the Dictator's views of +government. Although he had definitely made up his mind what course of +action to follow, he was never betrayed into committing himself before +the proper time. Deputations waited on him with provocative addresses; +but none was cunning enough to snare him in his speech. The +'sacrifice' came soon enough. +</P> + +<P> +In spite of all the furies of opposition within the House and out of +it, the Indemnity Bill passed by a majority of more than two to one. +The next question was what would Lord Elgin do? Would he give his +assent to the bill, the finishing vice-regal touch which would make it +law, or would he reserve it for Her Majesty's sanction? Some unnamed +<SPAN CLASS="pagenum">{<A NAME="P124"></A>124}</SPAN> +persons of respectability had a shrewd suspicion of what he would +do, as the sequel proved. An accident hastened the crisis. In 1849 +the navigation of the St Lawrence opened early; and on the twenty-fifth +of April the first vessel of the season was sighted approaching the +port of Montreal. In order to make his new Tariff Bill immediately +operative on the nearing cargo, Hincks posted out to 'Monklands,' Lord +Elgin's residence, in order to obtain the governor-general's formal +assent to this particular bill. The governor did as he was asked. He +drove in from 'Monklands' in state to the Parliament House for the +purpose. The time seemed opportune to give his assent to several other +bills. Among the rest he assented in Her Majesty's name to the 'Act to +provide for the indemnification of parties in Lower Canada whose +property was destroyed during the Rebellion of 1837 and 1838.' What +happened in consequence is best told in his own words. 'When I left +the House of Parliament, I was received with mingled cheers and +hootings by a crowd by no means numerous, which surrounded the entrance +of the building. A small knot of individuals consisting, it has since +been +<SPAN CLASS="pagenum">{<A NAME="P125"></A>125}</SPAN> +ascertained, of persons of a respectable class in society, +pelted the carriage with missiles which they must have brought with +them for the purpose.' The 'missiles' which could not be picked up in +the street were rotten eggs. One of them struck Lord Elgin in the +face. That was the Canadian method of expressing disapproval of a +governor-general for acting in strict accordance with the principles of +responsible government. But this was only part of the price he had to +pay for doing right. Worse was to follow. +</P> + +<P> +Immediately after this outrage a notice was issued from one of the +newspapers calling an open-air meeting in the Champ de Mars. Towards +evening the excitement increased, and the fire-bells jangled a tocsin +to call the people into the streets. The Champ de Mars soon filled +with a tumultuous mob, roaring its approbation of wild speeches which +denounced the 'tyranny' of the governor-general and the Reformers. A +cry arose, 'To the Parliament House!' and the mob streamed westward, +wrecking in its passage the office of Hincks's paper the <I>Pilot</I>. The +House was in session, and though warned by Sir Allan MacNab that a riot +was in progress, it hesitated to take the extreme step of +<SPAN CLASS="pagenum">{<A NAME="P126"></A>126}</SPAN> +calling +out the military to protect its dignity. At this time the whole police +force of the city numbered only seventy-two men, and, in emergencies, +law and order were maintained with the aid of the regiments in +garrison, or by a force of special constables. Soon the House found +that Sir Allan's warning was against no imaginary danger. Volleys of +stones suddenly crashed through the lighted windows, and the members +fled for their lives. The rabble flowed into the building and took +possession of the Assembly hall. Here they broke in pieces the +furniture, the fittings, the chandeliers. One of the rioters, a man +with a broken nose, seated himself in the Speaker's chair and shouted, +'I dissolve this House.' It seems like a scene from a Paris <I>émeute</I> +rather than an actual event in a staid Canadian city. Soon a cry was +heard, 'The Parliament House is on fire.' Another band of rioters had +set the western wing alight, and, in a quarter of an hour, the whole +building was a mass of flames. Although the firemen turned out +promptly, they were forcibly prevented by the mob from doing their +duty, until the soldiers came to their support, and then it was too +late to save the building. Next day only the ruined walls +<SPAN CLASS="pagenum">{<A NAME="P127"></A>127}</SPAN> +were +standing. The Library of Parliament was burned in spite of efforts to +save it, and the student of Canadian history will always mourn the loss +of irreplaceable records and manuscripts in that tragic blaze. One +thing was rescued. Young Sandford Fleming and three others carried out +the portrait of the Queen. It was almost as gallant an act as rescuing +the Lady in person. +</P> + +<P> +Nor was the destruction of the Parliament Building the final outbreak. +Next evening the mob was at its work again, attacking the houses or +lodgings of the various Reform leaders. LaFontaine's government +ordered the arrest of four ringleaders in the last night's riot. In +revenge his house was entered forcibly, the furniture smashed, the +library destroyed, and the stable set on fire. In fact, for three days +Montreal was like a city in revolution. A thousand special constables, +armed with pistols and cutlasses, in addition to the soldiery were +needed to restore something like order in the streets. But the rioting +was not over even yet. The most violent scene of all took place on the +thirtieth of April. The House was naturally incensed at the insults +offered to the governor-general and drew up an address expressing the +<SPAN CLASS="pagenum">{<A NAME="P128"></A>128}</SPAN> +members' detestation of mob violence, their loyalty to the Queen, +and their approval of his just and impartial administration. It was +decided to present the address to him, not at the suburban seat of +'Monklands,' but publicly at Government House, the Château de Ramezay +in the heart of the city. Such a decision showed no little courage on +both sides, but the end was almost a tragedy. Lord Elgin came very +near being murdered in the streets of Montreal. On the day appointed +he drove into the city, having for escort a troop of volunteer +dragoons. All through the streets his carriage was pelted with stones +and other missiles, and his entry to Government House was blocked by a +howling mob. His escort forced the crowd to give way, and the +governor-general entered, carrying with him a two-pound stone which had +been hurled into his carriage. It was a piece of unmistakable evidence +as to the treatment the Queen's representative in Canada had received +at the hands of Her Majesty's faithful subjects. When the ceremony was +over he attempted to avoid trouble by taking a different route back to +'Monklands,' but he was discovered, and literally hunted out of the +city. 'Cabs, +<SPAN CLASS="pagenum">{<A NAME="P129"></A>129}</SPAN> +calèches, and everything that would run were at +once launched in pursuit, and crossing his route, the +governor-general's carriage was bitterly assailed in the main street of +the St Lawrence suburbs. The good and rapid driving of his postilions +enabled him to clear the desperate mob, but not till the head of his +brother, Colonel Bruce, had been cut, injuries inflicted on the chief +of police, Colonel Ermatinger, and on Captain Jones, commanding the +escort, and every panel of the carriage driven in.' Even at +'Monklands' Lord Elgin was not entirely safe. The mob threatened to +attack him there, and the house was put in a state of defence. Ladies +of his household driving to church were insulted. To avoid occasion of +strife he remained quietly at his country-seat; and, for his +consideration of the public weal, was ridiculed, caricatured, and +dubbed, in contempt, the Hermit of Monklands. +</P> + +<P> +The riots did not end without bloodshed. Once more the rioters +attacked LaFontaine's house by night; shots were fired from the windows +on the mob, and one man was killed. The appeal to racial passion was +irresistible. A man of British blood had been slain by a Frenchman. +The funeral +<SPAN CLASS="pagenum">{<A NAME="P130"></A>130}</SPAN> +of the chance victim was made a political +demonstration. LaFontaine was actually tried for complicity in the +accident, but was acquitted. Montreal underwent something like a Reign +of Terror; a murderous clash between French and English might come at +any moment. Elgin was urged to proclaim martial law and put down mob +rule by the use of troops. Wisely he refused to go to such extremes. +The city authorities themselves should restore order, and at last they +did so with their thousand special constables. Those April riots of +'49 cost Montreal the honour of being the capital of Canada, and +ultimately caused the transformation of queer little lumbering Bytown +into the stately city of Ottawa, proudly eminent, with the halls of +legislature towering on the great bluff above the glassy river. +</P> + +<P> +Of Elgin's conduct during this long-drawn ordeal it is almost +impossible to speak in terms of moderate praise. He must have been +less or more than human not to feel bitterly the insults heaped upon +him. The natural man spoke in the American who 'could not understand +why you did not shoot them down'; and also in the Canadian +<SPAN CLASS="pagenum">{<A NAME="P131"></A>131}</SPAN> +who +'would have reduced Montreal to ashes' before enduring half that the +governor endured. But Elgin acted not as the natural man, but as the +Christian and the statesman, He refused to meet violence with violence; +and he refused to nullify the principles of popular government by +bowing before the blast of popular clamour. But a more unpopular +governor-general never held office in Canada. +</P> + +<BR><BR><BR> + +<A NAME="chap05"></A> + +<SPAN CLASS="pagenum">{<A NAME="P132"></A>132}</SPAN> + +<H3 ALIGN="center"> +CHAPTER V +</H3> + +<H4 ALIGN="center"> +THE PRINCIPLE ESTABLISHED +</H4> + +<P> +The storm raised by the Rebellion Losses Bill did not soon sink to a +calm. It did not end with rabbling the viceroy, burning the House of +Parliament, homicide, and mob rule in the streets of Montreal. In the +British House of Commons the whole matter was thoroughly discussed. +Young Mr Disraeli, the dandified Jewish novelist, held that there were +no rebels in Upper Canada, while young Mr Gladstone, 'the rising hope +of those stern and unbending Tories,' proved that there were virtual +rebels who would be rewarded for their treason under the Canadian +statute. In a letter to <I>The Times</I> Hincks showed, in rebuttal, that +rebels in Upper Canada had already received compensation by the Act of +a Tory government. Who says A must also say B. Between the arguments +of Gladstone and Hincks it is perfectly clear that the Rebellion Losses +Bill was anything but a perfect measure. Its passage had one +<SPAN CLASS="pagenum">{<A NAME="P133"></A>133}</SPAN> +more important reaction, the Annexation movement of 1849. +</P> + +<P> +This episode in Canadian history is usually slurred over by our +writers. It is considered to be a national disgrace, a shameful +confession of cowardice, like an attempt at suicide in a man. It did +undoubtedly show want of faith in the future. Those who organized the +movement did 'despair of the republic.' But it is possible to blame +them too much. Annexation to the United States was in the air. Lord +Elgin writes that it was considered to be the remedy for every kind of +Canadian discontent. He was haunted by the fear of it all through his +tenure of office. Annexation had been preached by the Radical journals +for years in Canada; and it was confidently expected by politicians in +the United States. As late as 1866 a bill providing for the admission +of the states of Upper Canada, Nova Scotia, etc., to the Union passed +two readings in the House of Representatives. The Dominion elections +of a quarter of a century later (1891) gave the death-blow to the +notion that Annexation was Canada's manifest destiny; but the idea died +hard. +</P> + +<P> +Action and reaction are equal and opposite. +<SPAN CLASS="pagenum">{<A NAME="P134"></A>134}</SPAN> +Embittered by +defeat, the very party that had stood like a rock for British +connection now moved definitely for separation. The circular issued by +the Annexation Association of Montreal is a document too seldom +studied, but it repays study. In tone it is the reverse of +inflammatory; it is markedly temperate and reasonable. After a +dispassionate review of the present situation, it considers the +possibilities that lie before the colony—federal union, independence, +or reciprocity with the United States. All that Goldwin Smith was to +say about Canada's manifest destiny is said here. His ideas and +arguments are perfectly familiar to the Annexationists of '49. The +appeal at the close contains this sentence: +</P> + +<BR> + +<P CLASS="block"> +Fellow-Colonists, We have thus laid before you our views and +convictions on a momentous question—involving a change which, though +contemplated by many of us with varied feelings and emotions, we all +believe to be inevitable;—one which it is our duty to provide for, and +lawfully to promote. +</P> + +<BR> + +<P> +There were those who protested against Annexation; but they were +denounced as +<SPAN CLASS="pagenum">{<A NAME="P135"></A>135}</SPAN> +'known monopolists and protectionists.' One speaker +said: 'Were it necessary I might multiply citation on citation to prove +that England considers, and has for years considered, our present +relations to her both burdensome and unprofitable.' Another said: 'It +is admitted, I may almost say, on all hands, that Canada must +eventually form a portion of the Great American Republic—that it is a +mere question of time.' There follows a list of some nine hundred +names, beginning with John Torrance and ending with Andrew Stevenson. +There are French names as well as English. Some bearers of those names +to-day are not proud of the fact that they are to be found in that +list. One Tory refused to sign the manifesto: his monument bears the +inscription, 'A British subject I was born, a British subject I will +die.' +</P> + +<P> +The manifesto was supported by various pamphleteers and journalists. +Elgin records his fear of the 'cry for Annexation spreading like +wildfire through the province.' But it did not spread 'like wildfire.' +The original impulse, which may have been partly 'petulance,' seemed to +spend itself. Not all English opinion was in favour of 'cutting the +painter'; and one of the most determined +<SPAN CLASS="pagenum">{<A NAME="P136"></A>136}</SPAN> +opponents of Annexation +was that very alert politician, the young Queen. Equally determined +was the governor-general of Canada. 'To render Annexation by violence +impossible, and by any other means, as improbable as may be, is,' he +wrote, 'the polar star of my policy.' When he could, he showed clearly +enough what his policy was. The manifesto of the Annexationists +contained not a few names of men holding office under the government, +magistrates, queen's counsel, militia officers, and others. Elgin had +a circular letter sent to these eminently respectable persons holding +commissions at the pleasure of the Crown, asking pertinently if they +had really signed the document in question. Some affirmed, and some +denied; others, again, questioned the governor's right to make the +inquiry. He then removed from office all who did not disavow their +signatures as well as those who admitted them. His action had an +excellent effect and showed that he was no weakling. He was warmly +supported by the colonial secretary, Earl Grey. Hitherto he had been +only a peer of Scotland, but now, in token of the government's +approval, was made a peer of the United Kingdom. Soon the commercial +conditions, +<SPAN CLASS="pagenum">{<A NAME="P137"></A>137}</SPAN> +which had no small part in the political discontent, +began to mend. +</P> + +<BR> + +<A NAME="img-136"></A> +<CENTER> +<IMG CLASS="imgcenter" SRC="images/img-136.jpg" ALT="The Earl of Elgin. From a daguerreotype" BORDER="2" WIDTH="481" HEIGHT="676"> +<H4 CLASS="h4center" STYLE="width: 481px"> +The Earl of Elgin. <BR> +From a daguerreotype +</H4> +</CENTER> + +<P> +The services of Hincks to his adopted country at this time were of the +greatest value. A financier as well as a journalist, he was able to +secure the capital needed for the great public works, and to set the +resources of Canada before the British investor in a most convincing +way. The Welland Canal was completed; the era of railway development +began. Immigration increased and business began to lift its head. In +1849 the last of the old Navigation Laws, which forbade foreign ships +to trade with Canada, were repealed. They were an inheritance from the +imperialism of Cromwell, but were now outworn. Although the Maritime +Provinces did not benefit, the port of Montreal began to come to its +own, as the head of navigation. In 1850 nearly a hundred foreign +vessels sought its wharves. +</P> + +<P> +The next session of parliament was held in Toronto, according to the +odd agreement by which that city was to alternate with Quebec as the +seat of government. Every four years the government with all its +impedimenta was to migrate from the one to the other. The Liberal +party was soon to find that a crushing +<SPAN CLASS="pagenum">{<A NAME="P138"></A>138}</SPAN> +victory at the polls and a +puny opposition in the House were not unmixed blessings. It began to +fall apart by its own sheer weight. A Radical wing, both English and +French, soon developed. The 'Clear Grit' party in Upper Canada was +moving straight towards republicanism, and so was Papineau's <I>Parti +Rouge</I>, with its organ <I>L'Avenir</I> openly preaching Annexation. +Canadian eyes were still dazzled by the marvellously rapid growth of +the United States. American democracy was manifestly triumphant, and +Canada's shortest road to equal prosperity lay through direct +imitation. Salvation was to be found in the universal application of +the elective principle, from policeman to governor. This was before +the unforeseen tendencies of democracy had startled Americans out of +their attitude of self-complacent belief in it, and converted them +first into thoroughgoing critics, and then into determined reformers of +the system that they once thought flawless. The legislation of the +session of 1849-50 has still measures of value. Canada for the first +time assumed full control of her own postal system. The principle of +separate schools for Roman Catholics was confirmed, a measure which +reveals Canada in sharp contrast to the +<SPAN CLASS="pagenum">{<A NAME="P139"></A>139}</SPAN> +United States, where +sectarian teaching is excluded from a state-aided school system. Not a +single bill was 'reserved,' which the Globe called a fact +'unprecedented in Canadian history.' The colony was now entirely free +to manage its own affairs, well or ill, to misgovern itself if it chose +to do so. Lord Elgin had almost laid down his life for this idea; +henceforth it was never to be called in question. +</P> + +<P> +Two outstanding grievances were finally removed by the Great +Administration during this session. They were both land questions; one +afflicted the English, and the other the French, half of the province. +For a whole decade the grievance of the Clergy Reserves had slumbered; +now it came up for settlement. The Clergy Reserves were finally +secularized. Hincks, the astute parliamentary hand, led the House in +requesting the British parliament to repeal the Act of 1840. This was +the first step, preliminary to devoting the unappropriated land to the +maintenance of the school system. In voting on this measure LaFontaine +opposed, while Baldwin supported it. The divergence of opinion marked +the weakening of the ministry. +</P> + +<P> +The other question, which affected French +<SPAN CLASS="pagenum">{<A NAME="P140"></A>140}</SPAN> +Canada, was the +seigneurial tenure of the land. The system was an inheritance from the +time of Richelieu. Unlike the English, who allowed their colonies to +grow up haphazard, the French, from the first, organized and regulated +theirs according to a definite scheme. Upon the banks of the St +Lawrence they established the feudal system of holding land, the only +system they knew. There were the seigneurs, or landlords, with their +permanent tenants, or <I>censitaires</I>. There were the ancient +usages—<I>cens et rentes, lods et ventes, droit de banalité</I>.[<A NAME="chap05fn1text"></A><A HREF="#chap05fn1">1</A>] the +seigneurs' court, and so on. Seigneuries were also established in +Acadia; but they were bought out by the Crown about 1730, after the +cession of that province to Great Britain. In the opinion of such +authorities as Sulte and Munro the seigneurial system answered its +purpose very well. At first the French would not have it touched. In +the troubles of '37 the simple habitants thought they were fighting for +the abolition of the seigneurs' dues. By the middle of the nineteenth +century it had become almost as complete an anomaly as trial by combat. +But the question of reform bristled with difficulties. +<SPAN CLASS="pagenum">{<A NAME="P141"></A>141}</SPAN> +Which +were the rightful owners of the eight million arpents of land—the +seigneurs, or the <I>censitaires</I>? To whom should all this land be +given? Was there a third method, adjustment of rights with adequate +compensation? The Reformers were not agreed among themselves. Some +were for abolition of the seigneurs' rights: some were for voluntary +arrangement with the aid of law. LaFontaine was averse from change, +and Papineau, who was himself a seigneur, held by the ancient usages. +The whole question was referred to a committee, but all attempts to +deal with it during the sessions of 1850 and 1851 came to nothing. Not +until 1854 was definite action taken. All feudal rights and duties, +whether bearing on <I>censitaire</I> or seigneur, were abolished by law, and +a double court was appointed to inquire into the claims of all parties +and to secure compensation in equity for the loss of the seigneurs' +vested interests. It took five years of patient investigation, and +over ten million dollars, to get rid of this anomaly, but at last it +was accomplished to the benefit of the country. Says Bourinot, 'The +money was well spent in bringing about so thorough a revolution in so +peaceable and conclusive a manner.' +</P> + +<SPAN CLASS="pagenum">{<A NAME="P142"></A>142}</SPAN> + +<P> +Both these questions gave rise to differences of opinion in the +Cabinet. The Clear Grits, or Radical wing, were in constant +opposition, simply because the progress of Reform was not rapid enough. +William Lyon Mackenzie, once more in parliament, rendered them +effective aid. In June 1851 he brought in a motion to abolish the +Court of Chancery, which had been reorganized by Baldwin only two years +before and seemed to be working fairly well. Although the motion was +defeated Baldwin realized that the leadership of the party was passing +from him and his friends, and he resigned from office at the end of the +month. One of the pleasing episodes in the history of Canadian +parliaments was Sir Allan MacNab's sincere expression of regret on the +retirement of his political opponent. There are few enough of such +amenities. In October of the same year LaFontaine also resigned, +sickened of political life. A letter of his to Baldwin, as early as +1845, lifts the veil. 'I sincerely hope,' he says, 'I will never be +placed in a situation to be obliged to take office again. The more I +see the more I feel disgusted. It seems as if duplicity, deceit, want +of sincerity, selfishness were virtues. It gives me a poor idea of +<SPAN CLASS="pagenum">{<A NAME="P143"></A>143}</SPAN> +human nature.' This is not the utterance of a cynic, but of an +honest man smarting from disillusion. His exit from public life was +final. He was made chief justice for Lower Canada and presided with +distinction over the sessions of the Seigneurial Court. His political +career thus closed while he was yet a young man with years of valuable +service before him. Baldwin attempted to re-enter political life. The +resignation of the two leaders involved a new election, and Baldwin was +defeated in his own 'pocket borough' by Hartman, a Clear Grit. That +was the end. He retired to his estate 'Spadina,' his health shattered +by his close attention to the service of the state. He was an entirely +honest politician, deservedly remembered for the integrity of his life +and his share in upbuilding Canada. So the Great Administration +reached its period. +</P> + +<P> +It was succeeded by a ministry in which Hincks and Morin were the +leaders. The new parliament included a new force in politics, George +Brown, creator of the <I>Globe</I> newspaper. A Scot by birth, a Radical in +politics, hard-headed, bitter of speech, a foe to compromise, with +Caledonian fire and fondness for facts, he soon commanded a large +<SPAN CLASS="pagenum">{<A NAME="P144"></A>144}</SPAN> +following in the country and became a dreaded critic in the House. He +had disapproved of the late ministry for its failure to carry out the +programme approved by the <I>Globe</I>, especially the secularization of the +Clergy Reserves. He became the Protestant champion, the denouncer of +such acts as that of the Pope in dividing England into Roman Catholic +sees and naming Cardinal Wiseman Archbishop of Westminster, and the +pugnacious foe of 'French domination.' His activities did not tend to +draw French and English closer together. He lacked the gift of his +successful rival, John A. Macdonald, for making friends and inspiring +personal loyalty. +</P> + +<P> +The Hincks-Morin government was a business man's administration. It is +noteworthy for its successful promotion of various railway, maritime, +and commercial enterprises. It aided in the establishment of a line of +steamers to Britain by offering a substantial subsidy for the carriage +of mails, a policy which has continued, with the approval of the +nation, to the present time. It was this ministry also which pushed +the building of the Grand Trunk, and ultimately succeeded in creating a +national highway from Rivière du Loup to +<SPAN CLASS="pagenum">{<A NAME="P145"></A>145}</SPAN> +Sarnia and Windsor. +This was the era of reckless railway speculation. Municipalities were +empowered to borrow money on debentures for railway building guaranteed +by the provincial government. Unfortunately they borrowed extravagant +sums and ran into debt, from which, at last, the province had to rescue +them. But, unlike what happened in the case of some of the American +states, there was no repudiation of debts by Canadian municipalities. +</P> + +<P> +The year 1851 is likewise famous for the Great Exhibition. Britain had +adopted free trade, to her great advantage. All the nations of the +world were expected to follow her example and remove the barriers to +commerce to the benefit of all. The freedom of intercourse between +nation and nation was to slay the jealousy and suspicion which lead to +war. To inaugurate the new era of peace and unfettered trade the +Crystal Palace was reared in Hyde Park—'the palace made of windies,' +as Thackeray calls it—and filled with the products of the world. The +idea originated with the Prince Consort, and it was worthy of him. For +the first time the various nations could compare their resources and +manufactures with one another. Canada +<SPAN CLASS="pagenum">{<A NAME="P146"></A>146}</SPAN> +had her share in it. As a +demonstration of general British superiority in manufactures the Great +Exhibition was a great success; but as heralding an era of universal +peace it was a mournful failure. Three years later England, France, +and Sardinia were fighting Russia to prop the rotten empire of the +Turk. Then came the Great Mutiny; then the four years of fratricidal +strife between the Northern and Southern States; then the war of +Prussia and Austria; then the overthrow of France by Germany. All +these events had their influence on Canada. The 100th Regiment was +raised in Canada for the Crimea. Joseph Howe went to New York on a +desperate recruiting mission. Nova Scotia ordained a public fast on +the news of the massacre of white women and children by the Sepoys. +Thousands of Canadians enlisted in the Northern armies. The Papal +Zouaves went from Quebec to the aid of the Pope against Garibaldi. All +these were symptoms that Canadians were beginning to outgrow their +narrow provincialism and to perceive their relations to the outer +world, and especially towards Britain. The country was reaching out +towards the rôle which in our own day she has played in the Great War. +</P> + +<SPAN CLASS="pagenum">{<A NAME="P147"></A>147}</SPAN> + +<P> +Meanwhile Lord Elgin was playing his part as constitutional governor, +standing by his principle of accepting democracy even when democracy +went wrong. Though inconspicuous, he was always planning for the +benefit of the country he had in charge. He had visions of an Imperial +<I>zollverein</I>, but he perceived clearly the immense and immediate +advantages of freer trade relations between the British American +colonies and the United States. Those once attained, he thought the +danger of Annexation past. His activities in his last year of office +prove that a man of ability may be a strictly constitutional governor +and yet preserve a power of initiative, of almost inestimable value. +In 1853 Lord Elgin paid a visit to England, and while there obtained +full powers to negotiate with the United States. For several years +Hincks had been doing his best to induce the American government to +consider the question of reciprocity in natural products with Canada, +but without avail. Bills to this effect had even been introduced into +Congress; but they never got beyond the preliminary stages. New +England was inclined to favour the proposal, for agriculture was +declining there before the growth of +<SPAN CLASS="pagenum">{<A NAME="P148"></A>148}</SPAN> +manufactures. The South +favoured reciprocity rather than Annexation, for the 'irrepressible +conflict' between the slave states and the free states was every day +coming closer to observant eyes, and including Canada in the Union +meant a great accession of strength to the already populous North. +Opposition came from the farmers of the Northern states, who feared the +competition of a country, as yet, almost entirely devoted to +agriculture. General indifference, the opposition of a section, +combined with the feeling that Canada had nothing adequate to offer in +return for access to the huge American market, removed reciprocity from +the domain of practical politics. The scale was turned by the codfish +question. +</P> + +<P> +Ever since the success of the Revolution the fishermen of New England +had a grievance against the British government and against the colonies +which did not revolt. They thought it most unjust that, as successful +rebels, they could not enjoy the fishing privileges of the North +Atlantic which they had enjoyed as loyal subjects. They wanted to eat +their cake and have their penny too. Of course no power on earth could +exclude them from the Banks, the great shoals in the +<SPAN CLASS="pagenum">{<A NAME="P149"></A>149}</SPAN> +open sea, +where fish feed by millions; but territorial waters were another +matter. By the law of nations the power of a country extends over the +waters which bound it for three miles, the range of a cannon shot, as +the old phrase runs. Now it is precisely in the territorial waters of +the British American provinces that the vast schools of mackerel and +herring strike. To these waters American fishermen had not a shadow of +a right; but Yankee ingenuity was equal to the difficulty and proposed +the question, Where does the three-mile limit extend? The American +jurists and diplomats insisted that it followed all the sinuosities of +the shore. If admitted, this claim would give American fishermen the +right of entrance to huge British bights and bays full of valuable +fish. The Canadian contention was that the three-mile limit ran from +headland to headland, thus excluding the Americans from fishing within +the deeper indentations of the coast-line. By the treaty of 1818 the +Americans were definitely excluded from the territorial waters, but +still they poached on Canada's preserves. It was maddening to Nova +Scotians to see aliens insolently hauling their nets within sight of +shore and taking the bread from their mouths. +<SPAN CLASS="pagenum">{<A NAME="P150"></A>150}</SPAN> +The Americans +applied the headland to headland rule to their own territorial waters; +no 'Bluenose' fisherman could venture into the Chesapeake; but for the +'Britishers' to insist on the same rule was another matter. In 1852 +the constant clash of interests almost led to war; for Britain backed +up the just complaints of her colonies by detaching a force of six +cruisers to protect our fisheries and stop the poachers, and the +American government also sent ships to protect their fishermen. There +was no further action, beyond a recommendation in the President's +message to Congress that the whole matter should be settled by treaty. +</P> + +<P> +Such was the situation when Lord Elgin arrived at Washington in May +1854. His suite included Hincks and Laurence Oliphant, the writer, +whose humorous and satiric account of what he saw during the +negotiations makes most amusing reading. The diplomats reached the +American capital at one of the most dramatic moments of American +history. On the very day of their arrival the Kansas-Nebraska Bill +passed Congress. It meant the momentary triumph of the South and the +extension of slavery into the great <I>hinterland</I> beyond the +Mississippi. +<SPAN CLASS="pagenum">{<A NAME="P151"></A>151}</SPAN> +The passage of the bill was celebrated by the +salute of a hundred guns; and, fearing trouble, legislators sat in the +House armed to the teeth. +</P> + +<P> +Lord Elgin at once began operations which can hardly be distinguished +from an ordinary lobby. From Marcy, the secretary of state, he +ascertained that the kernel of opposition to reciprocity was the +Democratic majority in the Senate, and he set about cultivating the +Democratic senators. There was a round of pleasant dinners and other +entertainments, at which Lord Elgin shone. A British peer is always an +object of interest in a democracy. This one possessed most agreeable +manners, a charm to which Southerners are peculiarly susceptible, and +also an unusual gift of oratory which won him favour with a public +accustomed to the eloquence of Daniel Webster and Wendell Phillips. +These things told with the Democratic majority. That the treaty 'was +floated through on champagne' is an exaggeration; but there was +undoubtedly much hospitality shown on both sides and much good +fellowship. Ten days after his arrival at Washington Lord Elgin was +able to tell Mr Marcy that the Democrats would not oppose the treaty, +and on the fifth of +<SPAN CLASS="pagenum">{<A NAME="P152"></A>152}</SPAN> +June it was actually signed. Oliphant +furnishes most amusing details of the actual ceremony of appending the +signatures. It went into force only after it had been formally +ratified by the legislatures of Great Britain and the United States. +The most important provisions were as follows. +</P> + +<P> +Natural products were to be admitted free of duty to both countries, +the principal being grain, flour, lumber, bread-stuffs, animals, fresh, +smoked and salted meats, lumber of all kinds, poultry, cotton, wool, +hides, metallic ores, pitch, tar, ashes, flax, hemp, rice, and +unmanufactured tobacco. In return the American fishermen obtained the +coveted privilege of fishing within the territorial waters of the +Maritime Provinces, without any restriction as to distance or +headlands. Canadians were accorded the right to fish in the depleted +American grounds, north of the 36th parallel N. latitude. Nova +Scotians were not pleased at these concessions, especially as they were +not allowed to share in the American coasting trade; but as trade grew +up and prices rose, their discontent naturally vanished. +</P> + +<P> +The benefits accruing to Canada from the treaty were immediate and +plain to every +<SPAN CLASS="pagenum">{<A NAME="P153"></A>153}</SPAN> +eye. In the first year of its operation the value +of commodities interchanged between the two countries rose from an +annual average of fourteen million dollars to thirty-three millions, an +increase of more than one hundred per cent. The volume of trade rose +steadily at the rate of eight or nine millions per annum. When the war +broke out between the North and the South, prices jumped, and, during +the four years of the struggle, Canada had a greedy market for +everything she could produce. The benefit to both countries was +obvious. For the first time since the Revolution the currents of North +American trade flowed unchecked in their natural channels. Canada had +never known such a period of prosperity, and was never to know such +another, until the great West was opened up by the railways and until +immigrants began to flock in by hundreds of thousands, to draw from the +rich loam of the prairies the bountiful harvests of man-sustaining +wheat. Lord Elgin's pact held good for twelve years. In the last year +the volume of trade was more than eighty-four millions. The agreement +ended from a variety of causes, economic and political. Canada had +raised the tariff on American manufactures in order to meet +<SPAN CLASS="pagenum">{<A NAME="P154"></A>154}</SPAN> +her +increasing expenditure; and she tried to divert American commerce from +its regular routes to a profitable transit through Canadian territory. +But the chief cause was the bitterness of the United States at the +attitude of Britain during the Civil War. The <I>Trent</I> affair, the +ravages of the <I>Alabama</I> and other commerce destroyers, the open and +avowed sympathy with the South expressed in British journals and +elsewhere, convinced the American people that Britain would be glad to +see the Republic broken up. That, with such provocation, the Americans +should deprive a British colony of a commercial advantage was not +unnatural. One statesman even proposed that the whole of Canada should +be handed over to the United States in compensation for the <I>Alabama</I> +claims. That the treaty was negotiated at all, and that the experiment +in trade was so beneficial to both countries, has certain important +lessons. The episode proves that a colonial governor, while governing +in strict accordance with the constitution, can do for his government +what no one else can do. Lord Elgin's success has never been repeated. +Delegation after delegation of Canada's ablest politicians have +pilgrimed from Ottawa to Washington, seeking +<SPAN CLASS="pagenum">{<A NAME="P155"></A>155}</SPAN> +better trade +relations, with no result. The second lesson is the tendency of trade +to mock at political boundaries and to wed geography. Even now, with +high tariffs on both sides of the line, Canada spends fifty-one dollars +in the United States for every thirty-three she spends in England. +</P> + +<P> +From his triumph at Washington the governor-general returned to Canada +to undergo another experience of democratic manners. The Hincks-Morin +government was nearing its end. Parliament had no sooner assembled in +the ancient capital, Quebec, than it was dissolved. In the political +tug-of-war known as the debate on the Address the government was +defeated. Instead of resigning, the leaders recommended the +governor-general to dissolve the House, so that there might be a new +election, and that the mind of the people might be ascertained on the +two great issues, the Clergy Reserves and Seigneurial Tenure. The +opposition contended that the ministry should either resign, or else +bring in some piece of legislation as a trial of strength. Lord +Elgin's position was precisely the same as in the time of the Rebellion +Losses Bill. He acted on the advice of his ministers. +<SPAN CLASS="pagenum">{<A NAME="P156"></A>156}</SPAN> +When he +came in state to prorogue the House, a most extraordinary scene +occurred. He was kept waiting for an hour while the parties wrangled, +and when Her Majesty's faithful Commons did present themselves, the +Speaker, John Sandfield Macdonald, read, first in English and then in +French, a reply to the Address which was a calculated insult to Her +Majesty's representative. The point of the reply was that, as no +legislation had been passed, there had been no session; and that this +failure to follow custom was 'owing to the command which your +Excellency has laid upon us to meet you this day for the purpose of +prorogation.' Sandfield Macdonald was an ambitious and vindictive man. +He was wrong, too, in his interpretation of the constitution. Hincks +had denied him a cabinet position which he coveted, and this was his +mode of retaliating upon him. None the less, the House was prorogued, +and the elections were held. +</P> + +<P> +According to the old, bad custom, they were spread over several weeks, +instead of being held on a single day. The result was unfavourable to +the government. Representation had been increased, and out of the +total number of members returned the +<SPAN CLASS="pagenum">{<A NAME="P157"></A>157}</SPAN> +ministry had only thirty at +its back. The Conservatives numbered twenty-two, the Clear Grits +seven, Independents six, and Rouges nineteen. Papineau was defeated +and retired to his seigneury. Hincks was returned for two +constituencies. In the election of the Speaker he very adroitly +thwarted the ambition of Sandfield Macdonald to fill that post; but, +soon afterwards, the ministry was defeated on a trifling question and +resigned. Hincks was afterwards knighted and made governor of Barbados +and Guiana. He returned to Canada in 1869 to be a member of Sir John +Macdonald's Cabinet. He made a fortune for himself and he had no small +part in making Canada. He died of smallpox in Montreal in 1885. His +<I>Reminiscences</I> is an authority of prime importance for the history of +his times. +</P> + +<P> +That consistent, life-long Tory, Sir Allan MacNab, became the head of +the new ministry. The attorney-general for Upper Canada was John A. +Macdonald. Six members of the old Reform Cabinet sat in the new +ministry side by side with four Conservatives. This signified the +formation of a new party in Canada, the Liberal-Conservative, an +exactly +<SPAN CLASS="pagenum">{<A NAME="P158"></A>158}</SPAN> +descriptive name, because it composed the best elements +of both parties. Under the leadership of John A. Macdonald it held +power for practically thirty years. That able politician, formed by +education in this country, not outside, perceived instinctively the +essential moderation of the Canadian temperament, and how alien to it +was the extravagance of <I>Rouge</I> and Clear Grit. The national +temperament is cautious and bent to 'shun the falsehood of extremes.' +Under the dominance of the new-formed party the jarring scattered +provinces became one and grew to the stature of a nation. +</P> + +<P> +Lord Elgin's reign was over. In the autumn of 1854 he made a tour of +the province and was everywhere received with unmistakable tokens of +appreciation and goodwill. He was right in thinking 'I have a strong +hold on the people of this country.' His administration represented +the triumph of a statesman's principle over every consideration of +convenience, popularity, and even safety. Thanks to his firmness and +his chivalrous conception of his office, government by the popular will +became established beyond shadow of change. To estimate the value of +his services to the commonwealth, +<SPAN CLASS="pagenum">{<A NAME="P159"></A>159}</SPAN> +one has only to imagine a Sir +Francis Bond Head in his place during the crisis of the Rebellion +Losses Bill. A weaker man would have plunged the country into anarchy, +or have paltered and postponed indefinitely the true solution of a +vital constitutional problem. +</P> + +<P> +No governor of Canada was ever worse treated by the Canadian people; +and yet no proconsul is entitled to more grateful remembrance in +Canada. In spite of that ill-treatment he grew to like the country. +His eloquent farewell speech at Quebec evinces genuine affection for +the land and genuine regret at having to leave it for ever. Like every +traveller who has known both countries, he was struck by the contrast +between 'the whole landscape bathed in a flood of that bright Canadian +sun' and 'our murky atmosphere on the other side of the Atlantic.' The +majestic beauty of the St Lawrence and citadel-crowned Quebec had won +his heart. Like a wise man and a Christian, he looked forward to the +end; and he imagined that the memory of the sights and sounds he had +grown to love would soothe his dying moments. He left Canada for +service in India, like Dufferin and Lansdowne, and never returned. His +grave is at Dhurmsala +<SPAN CLASS="pagenum">{<A NAME="P160"></A>160}</SPAN> +under the shadow of the Himalayas. It is +marked by an elaborate monument surmounted by the universal symbol of +the Christian faith; but a nobler and more lasting memorial is the +stable government he gave to 'that true North.' +</P> + +<BR><BR> + +<A NAME="chap05fn1"></A> + +<P CLASS="footnote"> +[<A HREF="#chap05fn1text">1</A>] See <I>The Seigneurs of Old Canada</I>, chap. iv. +</P> + +<BR><BR><BR> + +<A NAME="epilogue"></A> + +<SPAN CLASS="pagenum">{<A NAME="P161"></A>161}</SPAN> + +<H3 ALIGN="center"> +EPILOGUE +</H3> + +<P> +The twelve years that followed Elgin's régime saw the flood-tide of +Canada's prosperity. Apart altogether from the advantage of the +Reciprocity Treaty, the country flourished. The extension of railways, +the influx of population, developed rapidly the immense natural +resources of the country. Politically, however, things did not move so +well. The old difficulties had disappeared, but new difficulties took +their place. There was no longer any question of the constitution, or +the relation of the governor to it, or of orderly procedure in the +mechanics of administration; but there was violent strife between +parties too evenly balanced. The remedy lay in the formation of a +larger unity, and, in 1867, the four provinces effected a +confederation, which was soon to embrace half the continent from ocean +to ocean. Dominion Day 1867 was the birthday of a new nation, and a +true poet has precised +<SPAN CLASS="pagenum">{<A NAME="P162"></A>162}</SPAN> +Canada's relation to Britain and the world +in a single stanza. +</P> + +<P CLASS="poem"> +A Nation spoke to a Nation,<BR> +<SPAN STYLE="margin-left: 1em">A Throne sent word to a Throne:</SPAN><BR> +'Daughter am I in my mother's house,<BR> +<SPAN STYLE="margin-left: 1em">But mistress in my own!</SPAN><BR> +The doors are mine to open,<BR> +<SPAN STYLE="margin-left: 1em">As the doors are mine to close,</SPAN><BR> +And I abide by my mother's house,'<BR> +<SPAN STYLE="margin-left: 1em">Said our Lady of the Snows.</SPAN><BR> +</P> + +<P CLASS="noindent"> +<I>Quis separabit</I>? The confident prophecies of 'cutting the painter' +have all come to naught. In the supreme test of the Great War, Canada +never for a moment faltered. She gave her blood and treasure freely in +support of the Empire and the Right. No severer trial of those bonds +that knit British peoples together can be imagined. To look back upon +the time when British soldiers had to be sent to suppress a Canadian +insurrection from a time when French Canadians and English Canadians +are fighting side by side three thousand miles from their homes for the +maintenance of the Empire is to envisage the most startling of +historical paradoxes. That old, bad time seems as unsubstantial as a +dream; this seems the only reality; and yet the two periods are +separated only by the span of a not very long human life. +<SPAN CLASS="pagenum">{<A NAME="P163"></A>163}</SPAN> +The +truth is that in those days there were no Canadians. There were French +on the banks of the St Lawrence, but their political horizon was +bounded by the parish limits. Their most renowned leader had no vision +but of an independent French republic, or of one more state in the +Union. The people of the western province consisted of diverse +elements. The solid kernel was of United Empire Loyalist stock, which +gave the province its distinctive character. The Scottish, Irish, +English immigration could not be reckoned among the genuine sons of the +soil. They built their log-huts in the wildwood clearings, but their +hearts were in the sheiling, the cabin, the cottage they had left +beyond the sea. Their allegiance was divided, a fact of which the +perpetuation of the various national societies is indubitable evidence. +They were the pioneers; they made the wilderness a garden; and their +children entered into a large inheritance. More inharmonious still was +the immigration from south of the border, of persons brought up on the +Declaration of Independence and Fourth of July oratory. Colonel +Cruikshanks's researches have proved how numerous they were and how +disaffected. Mrs Moodie found +<SPAN CLASS="pagenum">{<A NAME="P164"></A>164}</SPAN> +them and the Americanized natives +just as disagreeable in Ontario as Mrs Trollope did in Cincinnati, and +for the same reasons. Except the Loyalists, all these elements were +divided in their political affections and ideals. Their leaders saw +only two possibilities. British connection was the sheet-anchor of the +old colonial Tories; but their vision of the country's future was an +aristocracy, a landed gentry, a decorous union of church and state—in +short, a colonial replica of old Tory England. On the other hand, the +Radical leaders, French and English alike, saw before them only an +independent republic, or fusion with the United States. How limited +was the vision of both time has made blindingly clear. The instinct of +the nascent nation decided for the golden mean, and chose the middle +path. Canada has stood firm by the Empire—how firm let the +blood-soaked trenches of Flanders attest—and yet she had stood just as +firmly by the creed of democracy and her determination to control her +own affairs. +</P> + +<P> +One son of the soil had a vision wider than that of his contemporaries. +Years before the rebellion the editor of a Halifax newspaper saw the +scattered, jarring British colonies +<SPAN CLASS="pagenum">{<A NAME="P165"></A>165}</SPAN> +united under the old flag, +and bound together by fellowship within the Empire. He saw iron roads +spanning the continent and the white sails of Canadian commerce dotting +the Pacific. Canadians of this day see what Howe foresaw—the eye +among the blind. Let it be repeated. In those old days there were no +Canadians of Canada. Confederation had to be achieved, a new +generation had to be born and grow to manhood, before a national +sentiment was possible. These new Canadians saw little or nothing of +provinces with outworn feuds and divisions. They saw only the Dominion +of Canada. Their imagination was stirred by the ideal of half a +continent staked out for a second great experiment in democracy, of a +vast domain to be filled and subdued and raised to power by a new +nation. In spite of many faults and failures and disappointments, +Canadians have been true to that ideal. The Canada of to-day is +something far grander than the Mackenzies and Papineaus ever dreamed +of; she has disappointed the fears and exceeded the hopes of the +Durhams and the Elgins; and she stands on the threshold, as Canadians +firmly trust, of a more illustrious future. +</P> + +<BR><BR><BR> + +<A NAME="biblio"></A> + +<SPAN CLASS="pagenum">{<A NAME="P166"></A>166}</SPAN> + +<H3 ALIGN="center"> +BIBLIOGRAPHICAL NOTE +</H3> + +<P> +The following are a few of the works which should be consulted: +</P> + +<P CLASS="block"> +Lord Durham, <I>Report on the Affairs of British North America</I> (1839). +</P> + +<P CLASS="block"> +Sir Francis Hincks, <I>Reminiscences</I> (1884). +</P> + +<P CLASS="block"> +Dent, <I>The Last Forty Years</I> (1881). +</P> + +<P CLASS="block"> +Reid, <I>Life and Letters of the First Earl of Durham</I> (1906). +</P> + +<P CLASS="block"> +Shortt, <I>Lord Sydenham</I> (1908). +</P> + +<P CLASS="block"> +Wrong, <I>The Earl of Elgin</I> (1906). +</P> + +<P CLASS="block"> +Bourinot, <I>Lord Elgin</I> (1905). +</P> + +<P CLASS="block"> +Walrond, <I>Letters and Journals of James, Eighth Earl of Elgin</I> (1872). +</P> + +<P CLASS="block"> +Leacock, <I>Baldwin, LaFontaine, Hincks</I> (1907). +</P> + +<P CLASS="block"> +Pope, <I>Memoirs of Sir John Macdonald</I> (1894). +</P> + +<P CLASS="block"> +<I>Canada and its Provinces</I>, vol. v (1913), the chapters by W. L. Grant, +J. L. Morison, Edward Kylie, Duncan M'Arthur, and Adam Shortt. +</P> + +<BR> + +<P> +Consult also, for individual biographies of the various persons +mentioned in the narrative, Taylor, <I>Portraits of British Americans</I> +(1865); Dent, <I>The Canadian Portrait Gallery</I> (1880); and <I>The +Dictionary of National Biography</I> (1903). +</P> + +<BR><BR><BR> + +<A NAME="index"></A> + +<SPAN CLASS="pagenum">{<A NAME="P167"></A>167}</SPAN> + +<H3 ALIGN="center"> +INDEX +</H3> + +<P CLASS="index"> +Annexation movement of 1849, the, <A HREF="#P133">133-6</A>. +</P> + +<P CLASS="index"> +Arthur, Sir George, his severity, <A HREF="#P30">30</A>. +</P> + +<P CLASS="index"> +Assembly: the first election after Union, <A HREF="#P57">57-8</A>; composition of parties, +<A HREF="#P58">58</A>; the Baldwin incident, <A HREF="#P59">59-61</A>; measures passed, <A HREF="#P61">61</A>, <A HREF="#P63">63-4</A>; majority +rule principle, <A HREF="#P62">62-3</A>; the Draper government defeated, <A HREF="#P76">76</A>, <A HREF="#P115">115-17</A>; -- +LaFontaine-Baldwin (Reform) Administration, <A HREF="#P76">76-7</A>, <A HREF="#P79">79-80</A>, <A HREF="#P84">84</A>, <A HREF="#P85">85-7</A>; +placemen removed from Assembly, <A HREF="#P87">87</A>; the Common Schools Act, <A HREF="#P88">88</A>; +University of Toronto, <A HREF="#P89">89-90</A>, <A HREF="#P106">106-7</A>; the Metcalfe Crisis, <A HREF="#P90">90-3</A>; -- +Draper (Tory) Administration, <A HREF="#P93">93-4</A>, <A HREF="#P101">101</A>; -- LaFontaine-Baldwin (the +Great) Administration, <A HREF="#P101">101-3</A>, <A HREF="#P106">106</A>, <A HREF="#P109">109-12</A>; <A HREF="#P142">142-3</A>; Municipal +Corporations Act, <A HREF="#P107">107-9</A>; Rebellion Losses Bill, <A HREF="#P117">117-18</A>, <A HREF="#P119">119-27</A>; a +breeze in the House, <A HREF="#P119">119-120</A>; Clergy Reserves, <A HREF="#P139">139</A>; Seigneurial Tenure, +<A HREF="#P141">141</A>; -- Hincks-Morin Administration, <A HREF="#P143">143</A>; a business man's government, +<A HREF="#P144">144-5</A>, <A HREF="#P155">155-6</A>; -- MacNab (Liberal-Conservative) Administration, <A HREF="#P157">157</A>. +</P> + +<BR> + +<P CLASS="index"> +Bagot, Sir Charles, governor-general, <A HREF="#P74">74-5</A>, <A HREF="#P79">79</A>; forms a coalition +government, <A HREF="#P75">75-6</A>; his death a reproach to Canada, <A HREF="#P80">80-1</A>. +</P> + +<P CLASS="index"> +Baldwin, Robert, <A HREF="#P68">68-9</A>; a Moderate Reformer, <A HREF="#P40">40</A>, <A HREF="#P69">69-70</A>, <A HREF="#P71">71-2</A>; his cool +proposal to Sydenham, <A HREF="#P60">60-1</A>; his association with LaFontaine, <A HREF="#P66">66</A>, <A HREF="#P74">74</A>, +<A HREF="#P77">77-8</A>, <A HREF="#P101">101-2</A>, <A HREF="#P118">118</A>; his first administration, <A HREF="#P77">77-8</A>, <A HREF="#P85">85</A>, <A HREF="#P80">80-90</A>; the +Metcalfe peerage, <A HREF="#P95">95</A>; the Great Administration, <A HREF="#P101">101-2</A>, <A HREF="#P106">106-8</A>, <A HREF="#P118">118</A>, <A HREF="#P120">120</A>, +<A HREF="#P139">139</A>; resigns the leadership, <A HREF="#P142">142</A>; retires from public life, <A HREF="#P143">143</A>. +</P> + +<P CLASS="index"> +Baldwin, W. W., <A HREF="#P68">68-9</A>; president of Constitutional Reform Society, <A HREF="#P71">71</A>. +</P> + +<P CLASS="index"> +Blake, W. H., causes an uproar in the House, <A HREF="#P119">119-20</A>; burned in effigy, +<A HREF="#P120">120</A>. +</P> + +<P CLASS="index"> +Bouchette, Robert, <A HREF="#P15">15</A>. +</P> + +<P CLASS="index"> +Brougham, Lord, his malign attacks on Durham, <A HREF="#P8">8</A>, <A HREF="#P16">16-17</A>, <A HREF="#P20">20</A>; burned in +effigy in Quebec, <A HREF="#P18">18</A>. +</P> + +<P CLASS="index"> +Brown, George, the Protestant champion, <A HREF="#P143">143-4</A>. +</P> + +<P CLASS="index"> +Brown, Thomas Storrow, <A HREF="#P4">4</A>. +</P> + +<P CLASS="index"> +Bruce, Colonel, wounded in the attack on Lord Elgin, <A HREF="#P129">129</A>. +</P> + +<P CLASS="index"> +Buller, Charles, <A HREF="#P8">8</A>; with Durham in Canada, <A HREF="#P19">19</A>. +</P> + +<BR> + +<P CLASS="index"> +Canada, political development in, <A HREF="#P3">3</A>; strained relations with United +States, <A HREF="#P11">11-13</A>, <A HREF="#P25">25-8</A>; Lord Durham's Report, <A HREF="#P21">21-4</A>; the 'Hunters' Lodges,' +<A HREF="#P25">25-8</A>; political and financial situation in 1839, <A HREF="#P30">30-1</A>; the capital +city, <A HREF="#P56">56-7</A>, <A HREF="#P86">86</A>, <A HREF="#P137">137</A>, <A HREF="#P130">130</A>; the Irish famine of 1846, <A HREF="#P101">101</A>; Municipal +Corporations Act, <A HREF="#P107">107-9</A>; trade relations dislocated by Britain's +adoption of free trade, <A HREF="#P109">109</A>; the disturbances in connection with the +Rebellion Losses Bill, <A HREF="#P112">112-31</A>; the Annexation movement of 1849, <A HREF="#P133">133-6</A>; +boom periods, <A HREF="#P137">137</A>, <A HREF="#P153">153</A>, <A HREF="#P161">161</A>; assumes control of the postal system, <A HREF="#P138">138</A>; +separate schools, <A HREF="#P138">138-9</A>; attains full self-government, <A HREF="#P139">139</A>; her +interest in world affairs, <A HREF="#P146">146</A>; the Reciprocity Treaty, <A HREF="#P147">147-8</A>, <A HREF="#P150">150-5</A>, +<A HREF="#P110">110-11</A>; the fishery question, <A HREF="#P148">148-50</A>, <A HREF="#P152">152</A>; Confederation, <A HREF="#P161">161-2</A>; and +the Empire, <A HREF="#P162">162</A>, <A HREF="#P164">164</A>. See Assembly and Responsible Government. +</P> + +<P CLASS="index"> +Cartwright, Richard, and Hincks, <A HREF="#P76">76</A>. +</P> + +<P CLASS="index"> +Cathcart, Lord, governor-general, <A HREF="#P97">97-8</A>. +</P> + +<P CLASS="index"> +Church of England, and the Clergy Reserves, <A HREF="#P43">43-4</A>, <A HREF="#P46">46</A>, <A HREF="#P47">47</A>. +</P> + +<P CLASS="index"> +Church of Scotland, and the Clergy Reserves, <A HREF="#P44">44</A>, <A HREF="#P46">46</A>, <A HREF="#P47">47</A>. +</P> + +<P CLASS="index"> +'Clear Grit' party, the, <A HREF="#P138">138</A>, <A HREF="#P142">142</A>. +</P> + +<P CLASS="index"> +Clergy Reserves question, the, <A HREF="#P39">39</A>, <A HREF="#P42">42-6</A>; Colborne's forty-four +parishes, <A HREF="#P46">46</A>, <A HREF="#P71">71</A>; Sydenham's solution, <A HREF="#P47">47-8</A>, <A HREF="#P64">64</A>; secularized, <A HREF="#P139">139</A>, <A HREF="#P155">155</A>. +</P> + +<P CLASS="index"> +Colborne, Sir John, lieutenant-governor of Upper Canada, <A HREF="#P46">46</A>; quells the +Rebellion and acts as administrator in Lower Canada, <A HREF="#P4">4</A>, <A HREF="#P8">8</A>, <A HREF="#P9">9</A>, <A HREF="#P16">16</A>, <A HREF="#P25">25</A>, +<A HREF="#P38">38</A>, <A HREF="#P113">113</A>; raised to the peerage, <A HREF="#P33">33</A>. +</P> + +<P CLASS="index"> +Constitutional Reform Society, the, <A HREF="#P71">71</A>. +</P> + +<BR> + +<P CLASS="index"> +Disraeli, Benjamin, and Canada, <A HREF="#P132">132</A>. +</P> + +<P CLASS="index"> +District Council Bill, the, <A HREF="#P64">64</A>. +</P> + +<P CLASS="index"> +Draper, W. H., his administrations, <A HREF="#P76">76</A>, <A HREF="#P93">93-4</A>. +</P> + +<P CLASS="index"> +Durham, Lord, his early career, <A HREF="#P5">5-7</A>; invested with extraordinary powers +in the governance of Canada, <A HREF="#P4">4-5</A>, <A HREF="#P7">7-8</A>; firmness with conciliation his +policy, <A HREF="#P9">9</A>; the composition of his councils, <A HREF="#P9">9-10</A>; takes prompt action +in connection with the border troubles, <A HREF="#P11">11-13</A>; proclaims a general +amnesty to the rebels, <A HREF="#P14">14-15</A>; the disallowance of his ordinance +banishing the ringleaders, <A HREF="#P15">15-19</A>; his resignation and departure, <A HREF="#P17">17-18</A>, +<A HREF="#P25">25</A>, <A HREF="#P29">29</A>; posterity's judgment, <A HREF="#P18">18-19</A>; his dying words, <A HREF="#P20">20</A>; his +personality and family ties, <A HREF="#P7">7</A>, <A HREF="#P8">8-9</A>, <A HREF="#P99">99</A>; his enemy Lord Brougham, <A HREF="#P8">8</A>, +<A HREF="#P16">16-17</A>, <A HREF="#P20">20</A>; his Report, <A HREF="#P10">10-11</A>, <A HREF="#P19">19-24</A>, <A HREF="#P32">32</A>, <A HREF="#P35">35</A>, <A HREF="#P46">46</A>, <A HREF="#P68">68</A>. +</P> + +<BR> + +<P CLASS="index"> +Elgin, Earl of, <A HREF="#P98">98-9</A>; a constitutional governor-general, <A HREF="#P99">99-100</A>, <A HREF="#P101">101</A>, +<A HREF="#P118">118</A>, <A HREF="#P123">123</A>, <A HREF="#P131">131</A>, <A HREF="#P147">147</A>, <A HREF="#P155">155</A>; initiates the custom of reading the Speech in +both French and English, <A HREF="#P103">103</A>; the Rebellion Losses Bill, <A HREF="#P121">121-3</A>; +attacked by the mob on the occasions of giving his assent and on +receiving an Address, <A HREF="#P124">124-5</A>, <A HREF="#P127">127-9</A>; the Hermit of Monklands, <A HREF="#P129">129</A>, +<A HREF="#P130">130-1</A>; on Annexation sentiment in Canada, <A HREF="#P133">133</A>, <A HREF="#P135">135-6</A>; negotiates the +Reciprocity Treaty with United States, <A HREF="#P147">147</A>, <A HREF="#P150">150-152</A>, <A HREF="#P110">110</A>; insulted in +the House, <A HREF="#P155">155-6</A>; his administrative triumph, <A HREF="#P158">158-60</A>; his gift of +oratory, <A HREF="#P98">98</A>, <A HREF="#P151">151</A>; his connection with Durham, <A HREF="#P99">99</A>. +</P> + +<P CLASS="index"> +Ermatinger, Colonel, and the Montreal riots, <A HREF="#P129">129</A>. +</P> + +<BR> + +<P CLASS="index"> +Fishery question, the, <A HREF="#P148">148-50</A>, <A HREF="#P152">152</A>. +</P> + +<P CLASS="index"> +Fleming, Sandford, his act of gallantry, <A HREF="#P127">127</A>. +</P> + +<BR> + +<P CLASS="index"> +Girouard, a rebel, <A HREF="#P79">79</A>. +</P> + +<P CLASS="index"> +Gladstone, W. E., and Canada, <A HREF="#P132">132</A>. +</P> + +<P CLASS="index"> +Glenelg, Lord, his incompetency, <A HREF="#P32">32</A>. +</P> + +<P CLASS="index"> +Gosford, Lord, <A HREF="#P72">72</A>. +</P> + +<P CLASS="index"> +Gourlay, Robert, and the Clergy Reserves, <A HREF="#P45">45</A>. +</P> + +<P CLASS="index"> +Great Britain, and the 1837 rebellions, <A HREF="#P4">4</A>, <A HREF="#P33">33</A>; the Clergy Reserves, <A HREF="#P48">48</A>; +parliamentary procedure, <A HREF="#P62">62</A>; her free trade policy, <A HREF="#P109">109</A>; the Rebellion +Losses Bill, <A HREF="#P132">132</A>; Navigation Laws repealed, <A HREF="#P137">137</A>; her colonial policy, +<A HREF="#P140">140</A>; the Great Exhibition, <A HREF="#P145">145-6</A>; the fishery question, <A HREF="#P148">148-50</A>, <A HREF="#P152">152</A>; +her sympathies with the South in the American Civil War, <A HREF="#P154">154</A>. +</P> + +<P CLASS="index"> +Grey, Earl, and Durham, <A HREF="#P6">6</A>. +</P> + +<P CLASS="index"> +Grey, Earl (son of above), and Elgin, <A HREF="#P99">99</A>, <A HREF="#P136">136</A>. +</P> + +<P CLASS="index"> +Grey, Colonel, his mission of remonstrance, <A HREF="#P13">13</A>. +</P> + +<BR> + +<P CLASS="index"> +Harrison, S. B., leader of Sydenham's government, <A HREF="#P62">62</A>. +</P> + +<P CLASS="index"> +Hincks, Francis, <A HREF="#P70">70</A>; a Reform leader, <A HREF="#P40">40</A>, <A HREF="#P61">61</A>; his many interests, <A HREF="#P70">70-1</A>; +his talent for affairs, <A HREF="#P71">71-2</A>, <A HREF="#P74">74</A>; minister of Finance, <A HREF="#P76">76</A>, <A HREF="#P77">77</A>, <A HREF="#P132">132</A>, +<A HREF="#P137">137</A>, <A HREF="#P157">157</A>; his policy of protection, <A HREF="#P87">87-8</A>, <A HREF="#P124">124</A>; his railway policy, +<A HREF="#P111">111-112</A>; precipitates a crisis, <A HREF="#P124">124-5</A>; the Clergy Reserves, <A HREF="#P139">139</A>; his +administration, <A HREF="#P143">143</A>, <A HREF="#P156">156</A>, <A HREF="#P157">157</A>; the Reciprocity Treaty, <A HREF="#P147">147</A>, <A HREF="#P150">150</A>, <A HREF="#P110">110</A>; +his valuable services, <A HREF="#P137">137</A>; governor of Barbados, <A HREF="#P157">157</A>. +</P> + +<P CLASS="index"> +Howe, Joseph, and responsible government, <A HREF="#P51">51</A>; and railways, <A HREF="#P111">111</A>; his +recruiting mission, <A HREF="#P146">146</A>; his vision of Canada's future, <A HREF="#P164">164-5</A>. +</P> + +<P CLASS="index"> +'Hunters' Lodges,' the, <A HREF="#P13">13</A>, <A HREF="#P25">25-8</A>. +</P> + +<BR> + +<P CLASS="index"> +Kingston, as the capital, <A HREF="#P56">56-7</A>, <A HREF="#P58">58</A>, <A HREF="#P86">86</A>, <A HREF="#P94">94</A>; Sydenham's tomb, <A HREF="#P65">65</A>. +</P> + +<BR> + +<P CLASS="index"> +LaFontaine, L. H., his early career and appearance, <A HREF="#P72">72-4</A>; his +association with Baldwin, <A HREF="#P66">66</A>, <A HREF="#P74">74</A>, <A HREF="#P77">77-8</A>, <A HREF="#P101">101-2</A>, <A HREF="#P118">118</A>; his first ministry, +<A HREF="#P77">77-8</A>, <A HREF="#P85">85</A>, <A HREF="#P87">87</A>, <A HREF="#P93">93</A>; the Great Administration, <A HREF="#P101">101-2</A>, <A HREF="#P117">117-18</A>, <A HREF="#P127">127</A>, <A HREF="#P129">129</A>, +<A HREF="#P139">139</A>, <A HREF="#P141">141</A>; his crushing reply to Papineau's onslaught, <A HREF="#P103">103-5</A>; resigns, +<A HREF="#P142">142</A>; chief justice for Lower Canada, <A HREF="#P143">143</A>. +</P> + +<P CLASS="index"> +Liberal party, a split in the ranks, <A HREF="#P137">137-8</A>. See Reform. +</P> + +<P CLASS="index"> +Liberal-Conservative party, the, <A HREF="#P157">157-8</A>. +</P> + +<P CLASS="index"> +Lount, Samuel, his execution, <A HREF="#P30">30</A>. +</P> + +<P CLASS="index"> +Lower Canada, racial feeling in, <A HREF="#P22">22</A>; the Rebellion, <A HREF="#P3">3</A>, <A HREF="#P4">4</A>, <A HREF="#P25">25</A>, <A HREF="#P28">28-30</A>; +Durham's amnesty and ordinance, <A HREF="#P14">14-19</A>; Durham's Report, <A HREF="#P21">21-3</A>; political +state before Union, <A HREF="#P50">50</A>; the Registry Act, <A HREF="#P56">56</A>; the opposition to Union, +<A HREF="#P57">57</A>, <A HREF="#P62">62</A>, <A HREF="#P68">68</A>, <A HREF="#P93">93</A>; amnesty to all political offenders, <A HREF="#P103">103</A>; the Rebellion +Losses Bill, <A HREF="#P112">112-14</A>, <A HREF="#P116">116-17</A>; Seigneurial Tenure, <A HREF="#P140">140-1</A>. See Quebec and +Special Council. +</P> + +<BR> + +<P CLASS="index"> +Macaulay, Lord, quoted, <A HREF="#P20">20</A>, <A HREF="#P79">79</A>, <A HREF="#P83">83</A>, <A HREF="#P96">96</A>. +</P> + +<P CLASS="index"> +Macdonald, John A., his entry into politics, <A HREF="#P93">93</A>, <A HREF="#P101">101</A>; 'a British +subject I will die,' <A HREF="#P135">135</A>; attorney-general, <A HREF="#P157">157</A>; his +Liberal-Conservative administration, <A HREF="#P158">158</A>, <A HREF="#P144">144</A>. +</P> + +<P CLASS="index"> +Macdonald, J. S., his studied insult, <A HREF="#P156">156</A>, <A HREF="#P157">157</A>. +</P> + +<P CLASS="index"> +Mackenzie, W. L., incites anti-British feeling in the States, <A HREF="#P12">12</A>, <A HREF="#P26">26</A>; +granted amnesty and returns to Canada, <A HREF="#P118">118-19</A>, <A HREF="#P120">120</A>, <A HREF="#P142">142</A>. +</P> + +<P CLASS="index"> +MacNab, Sir Allan, leader of the Conservative Opposition, <A HREF="#P86">86</A>, <A HREF="#P101">101</A>; +Speaker, <A HREF="#P94">94</A>; gives 'the lie with circumstance,' <A HREF="#P119">119-20</A>, <A HREF="#P125">125</A>; his +tribute to Baldwin, <A HREF="#P142">142</A>; prime minister, <A HREF="#P157">157</A>. +</P> + +<P CLASS="index"> +Marcy, W. L., and reciprocity with Canada, <A HREF="#P151">151</A>. +</P> + +<P CLASS="index"> +Melbourne, Lord, and Durham, <A HREF="#P17">17</A>. +</P> + +<P CLASS="index"> +Metcalfe, Sir Charles, his early career, <A HREF="#P82">82-3</A>; his arrival at Kingston, +<A HREF="#P81">81</A>; upholds the prerogative of the Crown, <A HREF="#P84">84-6</A>, <A HREF="#P87">87</A>; refuses to +surrender right of appointment, <A HREF="#P90">90-1</A>; triumphs over the Reformers, +<A HREF="#P92">92-4</A>; his peerage and death, <A HREF="#P95">95-6</A>. +</P> + +<P CLASS="index"> +Montreal, <A HREF="#P124">124</A>, <A HREF="#P137">137</A>; as the capital, <A HREF="#P86">86</A>, <A HREF="#P94">94</A>; the riots in connection +with the passing of the Indemnity Bill, <A HREF="#P120">120-1</A>; the burning of the +Parliament Buildings, <A HREF="#P124">124-7</A>, <A HREF="#P1">1</A>; the attacks on Lord Elgin, <A HREF="#P124">124-5</A>, +<A HREF="#P128">128-9</A>; the capital no more, <A HREF="#P130">130</A>; the Annexation Association, <A HREF="#P134">134-5</A>. +</P> + +<P CLASS="index"> +Morin, A. N., Speaker of the Assembly, <A HREF="#P102">102</A>; his administration, <A HREF="#P143">143</A>. +</P> + +<P CLASS="index"> +Municipal system of Canada, the, <A HREF="#P55">55-6</A>, <A HREF="#P64">64</A>; the Municipal Corporations +Act, <A HREF="#P107">107-9</A>; municipalities and railways, <A HREF="#P145">145</A>. +</P> + +<P CLASS="index"> +Murdoch, T. W. C., secretary to Sydenham, <A HREF="#P37">37</A>. +</P> + +<BR> + +<P CLASS="index"> +Neilson, John, his policy of obstruction, <A HREF="#P62">62</A>, <A HREF="#P68">68</A>. +</P> + +<P CLASS="index"> +Nelson, Robert, proclaims a Canadian republic, <A HREF="#P29">29</A>. +</P> + +<P CLASS="index"> +Nelson, Wolfred, a Rebellion leader, <A HREF="#P15">15</A>, <A HREF="#P93">93</A>; his claim for indemnity, +<A HREF="#P119">119</A>. +</P> + +<P CLASS="index"> +New Brunswick, Sydenham's visit to, <A HREF="#P52">52</A>. +</P> + +<P CLASS="index"> +Nova Scotia, the struggle for responsible government in, <A HREF="#P51">51</A>; the rise +of the colleges, <A HREF="#P88">88-9</A>; the fishery question, <A HREF="#P149">149-50</A>, <A HREF="#P152">152</A>. +</P> + +<BR> + +<P CLASS="index"> +O'Callaghan, E. B., a rebel leader, <A HREF="#P104">104</A>. +</P> + +<P CLASS="index"> +Oliphant, Laurence, and the Reciprocity negotiations, <A HREF="#P150">150</A>, <A HREF="#P152">152</A>. +</P> + +<P CLASS="index"> +Ontario, Sydenham's tour in, <A HREF="#P53">53-4</A>; its municipal system, <A HREF="#P55">55</A>, <A HREF="#P64">64</A>. See +Upper Canada. +</P> + +<P CLASS="index"> +Orange Society, the, <A HREF="#P87">87</A>. +</P> + +<P CLASS="index"> +Ottawa, the capital city, <A HREF="#P130">130</A>. +</P> + +<BR> + +<P CLASS="index"> +Papineau, D. B., <A HREF="#P93">93</A>. +</P> + +<P CLASS="index"> +Papineau, L. J., takes refuge in France after Rebellion, <A HREF="#P103">103-4</A>; returns +to the House, claiming and receiving arrearage of salary as Speaker, +<A HREF="#P104">104</A>; his uncompromising attitude towards the Union, <A HREF="#P104">104-6</A>, <A HREF="#P118">118</A>, <A HREF="#P138">138</A>, +<A HREF="#P141">141</A>, <A HREF="#P157">157</A>; his retiral, <A HREF="#P157">157</A>, <A HREF="#P106">106</A>. +</P> + +<P CLASS="index"> +Paquin, Father, petitions for indemnity, <A HREF="#P112">112-13</A>. +</P> + +<P CLASS="index"> +Politics, the game of, <A HREF="#P1">1-2</A>, <A HREF="#P67">67</A>, <A HREF="#P76">76</A>, <A HREF="#P77">77</A>; an old-time election, <A HREF="#P77">77-8</A>. +</P> + +<BR> + +<P CLASS="index"> +Quebec, its municipal system, <A HREF="#P55">55</A>, <A HREF="#P64">64</A>; the seat of government, <A HREF="#P137">137</A>, <A HREF="#P155">155</A>. +See Lower Canada. +</P> + +<BR> + +<P CLASS="index"> +Railway building in Canada, <A HREF="#P111">111-12</A>, <A HREF="#P144">144-5</A>. +</P> + +<P CLASS="index"> +Rebellion Losses Bill, the, <A HREF="#P112">112-118</A>, <A HREF="#P132">132</A>; the violent scenes in +connection with, <A HREF="#P119">119-31</A>. +</P> + +<P CLASS="index"> +Reciprocity Treaty of 1854, the, <A HREF="#P110">110-11</A>, <A HREF="#P147">147-55</A>. +</P> + +<P CLASS="index"> +Reform party, the, supports Sydenham, <A HREF="#P38">38</A>, <A HREF="#P40">40</A>, <A HREF="#P60">60-1</A>; the Clergy +Reserves, <A HREF="#P47">47</A>; opposes Bagot's coalition, <A HREF="#P76">76</A>; the struggle with +Metcalfe, <A HREF="#P86">86</A>, <A HREF="#P90">90-3</A>, <A HREF="#P95">95</A>; the Great Administration, <A HREF="#P101">101</A>; Liberals and +'Clear Grits,' <A HREF="#P137">137-8</A>; Liberal-Conservatives, <A HREF="#P157">157-8</A>. +</P> + +<P CLASS="index"> +Registry Act, the, <A HREF="#P56">56</A>. +</P> + +<P CLASS="index"> +Reid, Stuart J., on the authorship of Durham's Report, <A HREF="#P20">20</A>. +</P> + +<P CLASS="index"> +Responsible Government: Durham's remedy, <A HREF="#P24">24</A>; Sydenham's campaign of +education, <A HREF="#P41">41</A>, <A HREF="#P58">58-9</A>, <A HREF="#P67">67</A>; Howe's achievement, <A HREF="#P51">51</A>; majority rule, <A HREF="#P62">62-3</A>, +<A HREF="#P79">79</A>; the Executive beg-in to presume, <A HREF="#P84">84</A>; the difficulty of reconciling +with the colonial status, <A HREF="#P84">84-5</A>; placemen removed from Assembly, <A HREF="#P87">87</A>; +education of the democracy, <A HREF="#P88">88</A>; right of appointment, <A HREF="#P90">90-91</A>; the +difficulty of government with a small majority, <A HREF="#P100">100</A>; from colony to +free equal state, <A HREF="#P161">161-2</A>. +</P> + +<P CLASS="index"> +Rouge party, the, <A HREF="#P138">138</A>. +</P> + +<P CLASS="index"> +Russell, Lord John, colonial secretary, <A HREF="#P32">32</A>, <A HREF="#P55">55</A>. +</P> + +<BR> + +<P CLASS="index"> +Seigneurial tenure, <A HREF="#P140">140-1</A>, <A HREF="#P155">155</A>; abolished, <A HREF="#P141">141</A>. +</P> + +<P CLASS="index"> +Sherwood, Henry, solicitor-general, <A HREF="#P76">76</A>. +</P> + +<P CLASS="index"> +Special Council of Quebec, and Sydenham, <A HREF="#P38">38</A>, <A HREF="#P49">49-50</A>, <A HREF="#P55">55</A>, <A HREF="#P56">56</A>, <A HREF="#P114">114-15</A>. +</P> + +<P CLASS="index"> +Strachan, Bishop, <A HREF="#P69">69</A>; and the Clergy Reserves, <A HREF="#P46">46</A>, <A HREF="#P47">47</A>; his crusade +against Baldwin's 'godless institution,' <A HREF="#P90">90</A>. +</P> + +<P CLASS="index"> +Stuart, James, chief justice of Lower Canada, <A HREF="#P37">37</A>, <A HREF="#P50">50</A>. +</P> + +<P CLASS="index"> +Sullivan, R. B., a Reform leader, <A HREF="#P70">70</A>, <A HREF="#P77">77</A>. +</P> + +<P CLASS="index"> +Sydenham, Lord, <A HREF="#P68">68</A>. See Thomson. +</P> + +<BR> + +<P CLASS="index"> +Thomson, Charles Poulett, his early career and personality, <A HREF="#P33">33-8</A>; his +mission of Union of the Canadas, <A HREF="#P38">38-40</A>, <A HREF="#P68">68</A>; his responsible government +campaign of education, <A HREF="#P41">41-2</A>; the Clergy Reserves, <A HREF="#P42">42</A>, <A HREF="#P47">47-8</A>; on +political and financial conditions in Canada, <A HREF="#P48">48-50</A>, <A HREF="#P32">32</A>; his triumphal +progress, <A HREF="#P50">50-4</A>; his vision of Ontario, <A HREF="#P54">54</A>; Baron Sydenham, <A HREF="#P54">54-5</A>; +initiates Canada's municipal system, <A HREF="#P55">55-6</A>; the first Union Assembly, +<A HREF="#P58">58-9</A>, <A HREF="#P61">61</A>, <A HREF="#P63">63-4</A>; the Baldwin incident, <A HREF="#P60">60-1</A>; majority rule, <A HREF="#P62">62-3</A>; his +five great works, <A HREF="#P63">63-4</A>; G.C.B., <A HREF="#P59">59</A>; his tragic and heroic end, <A HREF="#P64">64-5</A>. +</P> + +<P CLASS="index"> +Toronto, <A HREF="#P1">1</A>; the founding of the University, <A HREF="#P89">89-90</A>, <A HREF="#P106">106-7</A>; scenes in +connection with the Indemnity Bill, <A HREF="#P120">120-1</A>; the seat of government, <A HREF="#P137">137</A>. +</P> + +<P CLASS="index"> +Turton, Thomas, with Durham in Canada, <A HREF="#P8">8</A>. +</P> + +<BR> + +<P CLASS="index"> +Union Act of 1840, the, <A HREF="#P54">54-5</A>. +</P> + +<P CLASS="index"> +United Empire Loyalists, the, <A HREF="#P163">163</A>. +</P> + +<P CLASS="index"> +United States: American detestation of the British, <A HREF="#P11">11-13</A>; 'Hunters' +Lodges,' <A HREF="#P25">25-28</A>; her mistaken views regarding Canada, <A HREF="#P121">121</A>, <A HREF="#P133">133-6</A>; her +elective system of government, <A HREF="#P138">138</A>; her educational system, <A HREF="#P139">139</A>; the +Reciprocity Treaty with Canada, <A HREF="#P147">147-8</A>, <A HREF="#P150">150-5</A>, <A HREF="#P110">110-11</A>; the fishery +question, <A HREF="#P148">148-50</A>, <A HREF="#P152">152</A>; the Civil War, <A HREF="#P148">148</A>, <A HREF="#P153">153</A>, <A HREF="#P154">154</A>. +</P> + +<P CLASS="index"> +University of Toronto, the founding of, <A HREF="#P89">89-90</A>, <A HREF="#P106">106-7</A>. +</P> + +<P CLASS="index"> +Upper Canada: its political and financial state prior to Union, <A HREF="#P23">23</A>, +<A HREF="#P31">31-2</A>, <A HREF="#P38">38-9</A>, <A HREF="#P48">48-9</A>, <A HREF="#P114">114</A>, <A HREF="#P115">115</A>; the execution of the Rebellion leaders, <A HREF="#P30">30</A>; +Opposition to Union, <A HREF="#P33">33</A>, <A HREF="#P57">57</A>; the terms of Union, <A HREF="#P40">40</A>; Clergy Reserves, +<A HREF="#P45">45</A>; Sydenham's tour, <A HREF="#P53">53-4</A>; the rise of the colleges, <A HREF="#P88">88-90</A>; the +Metcalfe Crisis, <A HREF="#P93">93</A>. +</P> + +<BR> + +<P CLASS="index"> +Van Buren, President, and Durham, <A HREF="#P13">13</A>. +</P> + +<P CLASS="index"> +Victoria, Queen, <A HREF="#P75">75</A>, <A HREF="#P136">136</A>. +</P> + +<P CLASS="index"> +Viger, 'Beau,' <A HREF="#P93">93</A>. +</P> + +<P CLASS="index"> +Von Shoultz, his chivalrous sacrifice, <A HREF="#P27">27-8</A>. +</P> + +<BR> + +<P CLASS="index"> +Wakefield, Edward Gibbon, with Durham, <A HREF="#P8">8</A>. +</P> + +<BR><BR><BR> + +<H5 ALIGN="center"> +Printed by T. and A. Constable, Printers to His Majesty<BR> +at the Edinburgh University Press<BR> +</H5> + +<BR><BR><BR><BR> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Winning of Popular Government, by +Archibald Macmechan + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WINNING OF POPULAR GOVERNMENT *** + +***** This file should be named 30470-h.htm or 30470-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/0/4/7/30470/ + +Produced by Al Haines + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</BODY> + +</HTML> + diff --git a/30470-h/images/img-006.jpg b/30470-h/images/img-006.jpg Binary files differnew file mode 100644 index 0000000..34ae510 --- /dev/null +++ b/30470-h/images/img-006.jpg diff --git a/30470-h/images/img-034.jpg b/30470-h/images/img-034.jpg Binary files differnew file mode 100644 index 0000000..b1c35ad --- /dev/null +++ b/30470-h/images/img-034.jpg diff --git a/30470-h/images/img-074.jpg b/30470-h/images/img-074.jpg Binary files differnew file mode 100644 index 0000000..b64cabc --- /dev/null +++ b/30470-h/images/img-074.jpg diff --git a/30470-h/images/img-082.jpg b/30470-h/images/img-082.jpg Binary files differnew file mode 100644 index 0000000..c7a774c --- /dev/null +++ b/30470-h/images/img-082.jpg diff --git a/30470-h/images/img-098.jpg b/30470-h/images/img-098.jpg Binary files differnew file mode 100644 index 0000000..526b8cf --- /dev/null +++ b/30470-h/images/img-098.jpg diff --git a/30470-h/images/img-118.jpg b/30470-h/images/img-118.jpg Binary files differnew file mode 100644 index 0000000..022c7c9 --- /dev/null +++ b/30470-h/images/img-118.jpg diff --git a/30470-h/images/img-136.jpg b/30470-h/images/img-136.jpg Binary files differnew file mode 100644 index 0000000..5e5665a --- /dev/null +++ b/30470-h/images/img-136.jpg diff --git a/30470-h/images/img-front.jpg b/30470-h/images/img-front.jpg Binary files differnew file mode 100644 index 0000000..f2d5278 --- /dev/null +++ b/30470-h/images/img-front.jpg diff --git a/30470.txt b/30470.txt new file mode 100644 index 0000000..1b32b88 --- /dev/null +++ b/30470.txt @@ -0,0 +1,3998 @@ +Project Gutenberg's The Winning of Popular Government, by Archibald Macmechan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Winning of Popular Government + A Chronicle of the Union of 1841 + +Author: Archibald Macmechan + +Release Date: November 13, 2009 [EBook #30470] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WINNING OF POPULAR GOVERNMENT *** + + + + +Produced by Al Haines + + + + + + + + + + +[Frontispiece: Burning of the Parliament Buildings, Montreal, 1849. +From a colour drawing by C. W. Jefferys] + + + + + +THE WINNING OF + +POPULAR GOVERNMENT + + +A Chronicle of the Union of 1841 + + +BY + +ARCHIBALD MACMECHAN + + + + + +TORONTO + +GLASGOW, BROOK & COMPANY + +1916 + + + + + Copyright in all Countries subscribing to + the Berne Convention + + + + + TO + + ROBERT ALEXANDER FALCONER + + PRESIDENT OF THE UNIVERSITY OF TORONTO + STUDENT OF HISTORY AND ENCOURAGER + OF HISTORIANS + + + + +{ix} + +CONTENTS + + Page + + I. DURHAM THE DICTATOR . . . . . . . . . . . . . . 1 + II. POULETT THOMSON, PEACEMAKER . . . . . . . . . . 25 + III. REFORM IN THE SADDLE . . . . . . . . . . . . . . 66 + IV. THE GREAT ADMINISTRATION . . . . . . . . . . . . 97 + V. THE PRINCIPLE ESTABLISHED . . . . . . . . . . . 132 + EPILOGUE . . . . . . . . . . . . . . . . . . . . 161 + BIBLIOGRAPHICAL NOTE . . . . . . . . . . . . . . 166 + INDEX . . . . . . . . . . . . . . . . . . . . . 167 + + + + +{xi} + +ILLUSTRATIONS + + +BURNING OF THE PARLIAMENT BUILDINGS, MONTREAL, 1849 _Frontispiece_ + From a colour drawing by C. W. Jefferys. + +THE EARL OF DURHAM . . . . . . . . . . . . . . . . . _Facing page_ 6 + After the painting by Sir Thomas Lawrence. + +LORD SYDENHAM . . . . . . . . . . . . . . . . . . . " 34 + From an engraving by G. Browning in M'Gill + University Library. + +SIR CHARLES BAGOT . . . . . . . . . . . . . . . . . " 74 + From an engraving in the Dominion Archives. + +SIR CHARLES METCALFE . . . . . . . . . . . . . . . . " 82 + After a painting by Bradish. + +CHARLES, EARL GREY . . . . . . . . . . . . . . . . . " 98 + From the painting by Sir Thomas Lawrence. + +SIR LOUIS H. LAFONTAINE . . . . . . . . . . . . . . " 108 + After a photograph by Notman. + +THE EARL OF ELGIN . . . . . . . . . . . . . . . . . " 136 + From a daguerreotype. + + + + +{1} + +CHAPTER I + +DURHAM THE DICTATOR + + And let him be dictator + For six months and no more. + +The curious sightseer in modern Toronto, conducted through the +well-kept, endless avenues of handsome dwellings which are that city's +pride, might be surprised to learn that at the northern end of the +street which cuts the city in two halves, east and west, bands of armed +Canadians met in battle less than a century ago. If he continued his +travels to Montreal, he might be told, at a certain point, 'Here stood +the Parliament Buildings, when our city was the capital of the country; +and here a governor-general of Canada was mobbed, pelted with rotten +eggs and stones, and narrowly escaped with his life.' And if the +intelligent traveller asked the reason for such scenes, where now all +is peace, the answer might be given in one word--Politics. + +To the young, politics seems rather a stupid {2} sort of game played by +the bald and obese middle-aged, for very high stakes, and governed by +no rules that any player is bound to respect. Between the rival teams +no difference is observable, save that one enjoys the sweets of office +and the mouth of the other is watering for them. But this is, of +course, the hasty judgment of uncharitable youth. The struggle between +political parties in Canada arose in the past from a difference in +political principles. It was a difference that could be defined; it +could be put into plain words. On the one side and the other the +guiding ideas could be formulated; they could be defended and they +could be attacked in logical debate. Sometimes it might pass the wit +of man to explain the difference between the Ins and the Outs. +Sometimes politics may be a game; but often it has been a battle. In +support of their political principles the strongest passions of men +have been aroused, and their deepest convictions of right and wrong. +The things by which men live, their religious creeds, their pride of +race, have been enlisted on the one side and the other. This is true +of Canadian politics. + +That ominous date, 1837, marks a certain climax or culmination in the +political {3} development of Canada. The constitution of the country +now works with so little friction that those who have not read history +assume that it must always have worked so. There is a real danger in +forgetting that, not so very long ago, the whole machinery of +government in one province broke down, that for months, if not for +years, it looked as if civil government in Lower Canada had come to an +end, as if the colonial system of Britain had failed beyond all hope. +_Deus nobis haec otia fecit_. But Canada's present tranquillity did +not come about by miracle; it came about through the efforts of faulty +men contending for political principles in which they believed and for +which they were even ready to die. The rebellions of 1837 in Upper and +Lower Canada, and what led up to them, the origins and causes of these +rebellions, must be understood if the subsequent warfare of parties and +the evolution of the scattered colonies of British North America into +the compact united Dominion of Canada are not to be a confused and +meaningless tale.[1] + +{4} + +Futile and pitiful as were the rebellions, whether regarded as attempts +to set up new government or as military adventures, they had widespread +and most serious consequences within and without the country. In +Britain the news caused consternation. Two more American colonies were +in revolt. Battles had been fought and British troops had been +defeated. These might prove, as thought Storrow Brown, one of the +leaders of the 'Sons of Liberty' in Lower Canada, so many Lexingtons, +with a Saratoga and a Yorktown to follow. Sir John Colborne, the +commander-in-chief, was asking for reinforcements. In Lower Canada +civil government was at an end. There was danger of international +complications. For disorders almost without precedent the British +parliament found an almost unprecedented remedy. It invested one man +with extraordinary powers. He was to be captain-general and +commander-in-chief over the provinces of British North America, and +also 'High Commissioner for the adjustment of certain important +questions depending in the ... Provinces of Lower and Upper Canada +respecting the form and future government of the said Provinces.' He +was given 'full power and authority ... by {5} all lawful ways and +means, to inquire into, and, as far as may be possible, to adjust all +questions ... respecting the Form and Administration of the Civil +Government' of the provinces as aforesaid. These extraordinary powers +were conferred upon a distinguished politician in the name of the young +Queen Victoria and during her pleasure. The usual and formal language +of the commission, 'especial trust and confidence in the courage, +prudence, and loyalty' of the commissioner, has in this case deep +meaning; for courage, prudence, and loyalty were all needed, and were +all to be put to the test. + +The man born for the crisis was a type of a class hardly to be +understood by the Canadian democracy. He was an aristocratic radical. +His recently acquired title, Lord Durham, must not be allowed to +obscure the fact that he was a Lambton, the head of an old county +family, which was entitled by its long descent to look down upon half +the House of Peers as parvenus. At the family seat, Lambton Castle, in +the county of Durham, Lambton after Lambton had lived and reigned like +a petty prince. There John George was born in August 1792. His father +had been a Whig, a consistent friend of Charles James {6} Fox, at a +time when opposition to the government, owing to the wars with France, +meant social ostracism; and he had refused a peerage. The son had +enjoyed the usual advantages of the young Englishman in his position. +He had been educated at Eton and at the university of Cambridge. Three +years in a crack cavalry regiment at a time when all England was under +arms could have done little to lessen his feeling for his caste. A +Gretna Green marriage with an heiress, while he was yet a minor, is +characteristic of his impetuous temperament, as is also a duel which he +fought with a Mr Beaumont in 1820 during the heat of an election +contest. After the period of political reaction following Waterloo, +reaction in which all Europe shared, England proceeded on the path of +reform towards a modified democracy; and Lambton, entering parliament +at the lucky moment, found himself on the crest of the wave. His Whig +principles had gained the victory; and his personal ability and energy +set him among the leaders of the new reform movement. He was a +son-in-law of Earl Grey, the author of the Reform Bill of 1832, and he +became a member of the Grey Cabinet. Before the Canadian crisis he had +shown his {7} ability to cope with a difficult situation in a +diplomatic mission to Russia, where he is said to have succeeded by the +exercise of tact. He was nicknamed 'Radical Jack,' but any one less +'democratic,' as the term is commonly understood, it would be hard to +find. He surrounded himself with almost regal state during his brief +overlordship of Canada. In Quebec, at the Castle of St Louis, he lived +like a prince. Many tales are told of his arrogant self-assertion and +hauteur. In person he was strikingly handsome. Lawrence painted him +when a boy. He was an able public speaker. He had a fiery temper +which made co-operation with him almost impossible, and which his weak +health no doubt aggravated. He was vain and ambitious. But he was +gifted with powers of political insight. He possessed a febrile energy +and an earnest desire to serve the common weal. Such was the physician +chosen by the British government to cure the cankers of misrule and +disaffection in the body politic of Canada. + +[Illustration: The Earl of Durham. After the painting by Sir Thomas +Lawrence.] + +Lord Durham received his commission in March 1838. But, though the +need was urgent for prompt action, he did not immediately set out for +Canada. For the delay {8} he was criticized by his political +opponents, particularly by Lord Brougham, once his friend, but now his +bitterest enemy. On the twenty-fourth of April, however, Durham sailed +from Plymouth in H.M.S. _Hastings_ with a party of twenty-two persons. +Besides his military aides for decorative purposes, he brought in his +suite some of the best brains of the time, Thomas Turton, Edward Gibbon +Wakefield, and Carlyle's gigantic pupil, Charles Buller. It is +characteristic of Durham that he should bring a band of music with him +and that he should work his secretaries hard all the way across the +Atlantic. On the twenty-ninth of May the _Hastings_ was at Quebec. +Lord Durham was received by the acting administrator, Sir John +Colborne, and conducted through the crowded streets between a double +hedge of soldiery to the Castle of St Louis, the vice-regal residence. + +If Durham had been slow in setting out for the scene of his labours, he +wasted no time in attacking his problems upon his arrival in Canada. +'Princely in his style of living, indefatigable in business, energetic +and decided, though haughty in manner, and desirous to benefit the +Canadas,' is the {9} judgment of a contemporary upon the new ruler. On +the day he was sworn to office he issued his first proclamation. Its +most significant statements are: 'The honest and conscientious +advocates of reform ... will receive from me, without distinction of +party, race, or politics, that assistance and encouragement which their +patriotism has a right to command ... but the disturbers of the public +peace, the violators of the law, the enemies of the Crown and of the +British Empire will find in me an uncompromising opponent, determined +to put in force against them all the powers civil and military with +which I have been invested.' It was a policy of firmness united to +conciliation that Durham announced. He came bearing the sheathed sword +in one hand and the olive branch in the other. The proclamation was +well received; the Canadians were ready to accept him as 'a friend and +arbitrator.' He was to earn the right to both titles. + +Durham was determined to begin with a clean slate. With a +characteristic disregard for precedent, he dismissed the existing +Executive Council as well as Colborne's special band of advisers, and +formed two new councils in their place, consisting of {10} members of +his personal staff, military officers, Canadian judges, the provincial +secretary, and the commissary-general. Together they formed a +committee of investigation and advice; and, being composed of both +local and non-local elements, it was a committee specially fitted to +supply the necessary information, and to judge all questions +dispassionately from an outside point of view. This committee acting +with the High Commissioner took the place of regular constitutional +government in Lower Canada. It was an arbitrary makeshift adopted to +meet a crisis. + +During the long, tedious voyage of the _Hastings_ the High Commissioner +had not been idle. He had worked steadily for many hours a day at the +knotty Canadian question, studying papers, drafting plans, discussing +point after point with his secretaries. Once in the country, he set to +work in the most thoroughgoing and systematic way to gather further +knowledge. He appointed commissions to report on all special problems +of government--education, immigration, municipal government, the +management of the crown lands. He obtained reports from all sources; +he conferred with men of all shades {11} of political opinion; he +called representative deputations from the uttermost regions under his +sway; he made a flying visit to Niagara in order to see the country +with his own eyes and to study conditions. Such labours were beyond +the capacity of any one man; but Durham was ably supported by his band +of loyal helpers and a public eager to co-operate. The result of all +this activity was the amassing of the priceless data from which was +formed the great document known as Lord Durham's Report. + +It is generally overlooked that at this period Canada stood in danger +from external as well as internal enemies. Hardly had Durham landed at +Quebec when there occurred a series of incidents which might have led +to war between Great Britain and the United States. A Canadian +passenger steamer, the _Sir Robert Peel_, sailing from Prescott to +Kingston, was boarded at Wells Island by one 'Bill' Johnson and a band +of armed men with blackened faces. The passengers and crew were put +ashore without their effects, and the steamer was set on fire and +destroyed. Very soon afterwards an American passenger steamer was +fired on by over-zealous sentries at Brockville. Together {12} the +twin outrages were almost enough, in the state of feeling on both +sides, to set the Empire and the Republic by the ears. + +The significance of these and other similar incidents can only be +understood by recalling the mental attitude of Americans of the day. +They had a robust detestation of everything British. It is not grossly +exaggerated by Dickens in Martin Chuzzlewit. And that attitude was +entirely natural. The Americans had, or thought they had, beaten the +British in two wars. The very reason for the existence of their nation +was their opposition to British tyranny. They saw that tyranny in all +its balefulness blighting the two Canadas. They saw those oppressed +colonies rising, as they themselves had risen, against their +oppressors. To make the danger all the more acute, the exiled +Canadians, notably William Lyon Mackenzie, went from place to place in +the United States inciting the freeborn citizens of the Republic to aid +the cause of freedom across the line. There was precedent for +intervention. Just a year before the fight at St Charles, an American +hero, Sam Houston, had wrested the huge state of Texas from the misrule +of Mexico and founded a new and independent republic. {13} Hence arose +the huge conspiracy of the 'Hunters' Lodges' all along the northern +border of the United States, of which more in the next chapter. + +Durham took prompt action. He offered a reward of a thousand pounds +for such information as should bring the guilty persons to trial in an +American, not a Canadian, court. Thereby he said in effect, 'This is +not an international affair. It is a plain offence against the laws of +the United States, and I am confident that the United States desires to +prevent such outrages.' He followed up this bold declaration of faith +in American justice by sending his brother-in-law, Colonel Grey of the +71st Regiment, to Washington to lay the facts before President Van +Buren and to remonstrate vigorously against the laxity which permitted +an armed force to organize within the borders of the Republic for an +attack upon its peaceful neighbour. Such laxity was against the law of +nations. As a result of Durham's spirited action, the military forces +on both sides of the boundary-line worked in concert to put down such +lawlessness. President Van Buren's attitude, however, cost him his +popularity in his own country. + +{14} + +The most pressing and most thorny question was how to deal with the +hundreds of prisoners who, since the rebellion, had filled the Canadian +jails. A large number of these were only suspected of treason; some +had been taken in the act of rebellion; and some were confined as +ringleaders, charged with crimes no government could overlook and hope +to survive. In some countries the solution would have been a simple +one: the prisoners would have been backed against the nearest wall and +fusilladed in batches, as the Communists were dealt with in Paris in +the red quarter of the year 1871. Even in Canada there were hideous +cries for bloody reprisals. But the ingrained British habit of giving +the worst criminal a fair trial blocked such a ready and easy way of +restoring tranquillity. Still, a fair trial was impossible. In the +temper then prevailing in the province no French jury would condemn, no +English jury would acquit, a Frenchman charged with treason, however +great or slight his fault might prove to be. The process of trying so +many hundreds of prisoners would be simply so many examples of the +law's burdensome delay. To leave them to rot in prison, as King Bomba +left political offenders {15} against his rule, was unthinkable. +Durham met the difficulty in a bold and merciful way. The young Queen +was crowned on June 28, 1838. Such an event is always a season of +rejoicing and an opportunity for exercising the royal clemency in the +liberation of captives. Following this excellent custom, Durham +proclaimed on that day an amnesty in his sovereign's name; and, in a +month after his arrival, he gave freedom to hundreds of unfortunates, +who had endured many hardships in the old, cruel jails of the time, in +addition to the tortures of suspense as to their ultimate fate. + +There were some who could not be so released. They were only eight in +number, but they were such men as Wolfred Nelson and Robert Bouchette, +whose treason was open and notorious. They knew, and Durham knew, that +they could not obtain a fair trial. Therefore the High Commissioner +overleapt the law, and by an ordinance banished these ringleaders to +Bermuda during Her Majesty's pleasure. Durham was much pleased at this +happy solution of a difficult and delicate problem. He congratulated +himself, as well he might, on having terminated a rebellion without +shedding a drop of blood. 'The {16} guilty have received justice, the +misguided, mercy,' he wrote to the Queen, 'but at the same time, +security is afforded to the loyal and peaceable subjects of this +hitherto distracted Province.' Furthermore, his proceedings had been +'approved by all parties--Sir J. Colborne and all the British party, +the Canadians and all the French party.' Durham fancied that this +question was now settled, and that he could proceed unhampered with his +main task of reconstruction. But his justifiable satisfaction was not +to last long. + +While the High Commissioner was labouring in Canada, as few officials +have ever laboured, for the good of the Empire, his enemies and his +lukewarm friends in England were between them preparing his downfall. +Of his foes, the most bitter and unscrupulous was Brougham, a political +Ishmael, a curious compound of malignity and versatile intellectual +power. He had criticized Durham's delay in starting for Canada; and he +was only too glad of the handle which the autocratic, czar-like +ordinance of banishment to Bermuda offered him against his enemy. It +is nearly always in the power of a party politician to distort and +misrepresent the act {17} of an opponent, however just or blameless +that act may be. Brougham made a great pother about the rights of +freemen, usurpation, dictatorship. As a lawyer he raised the legal +point, that Durham could not banish offenders from Canada to a colony +over which he had no jurisdiction. He enlisted other lawyers on his +side to attack the composition of Durham's council. The storm Brougham +raised might have done no harm, if Durham's political allies had stood +by him like men. But the prime minister Melbourne, always a timorous +friend, bent before the blast, and Durham's ordinance was disallowed. +The High Commissioner, who had been granted such great powers, was held +to have exceeded those powers. Durham belonged to the caste which felt +a stain upon its honour like a wound. The disallowance of his +ordinance by the home authorities was a blow fair in the face. It put +an end to his career in Canada, by undermining his authority. In those +days of slow communication the news of the disallowance reached him +tardily. By a side wind, from an American newspaper, he first learned +the fact on the twenty-fifth of September. He at once sent in his +resignation, told the {18} people of Canada the reason why in a +proclamation, and as soon as possible left the country for ever. +Brougham was burned in effigy at Quebec. The lucky eight, already in +Bermuda, were speedily released. Never did leaders of an unsuccessful +rebellion suffer less for their indiscretion. From Bermuda they +proceeded to New York to renew their agitation. On the first of +November Durham left Quebec, as he had entered that city, with all the +pomp of military pageantry and in a universal display of public +interest. He came in a crisis; he left amid a crisis. He had spent +five months in office, almost the exact term for which the Romans chose +their chief magistrate in a national emergency and named him dictator. + + +In the eyes of Durham's enemies his ordinance of banishment was a +ukase; and, at first blush, it looks like an unwarrantable stretching +of his powers. But Durham was on the ground and must necessarily have +known the conditions prevailing much better than his critics three +thousand miles away. Desperate diseases need desperate remedies. The +presumption is always that the man on the ground will be right; and +posterity has {19} passed a final judgment of approval on Durham's bold +slashing of the Gordian knot. New facts have set the whole matter in a +new light. A paper of Buller's,[2] hitherto unpublished, shows that +the ordinance was promulgated _only after consultation with the +prisoners_. 'The prisoners who expected the government to avail itself +of its power of packing a jury were very ready to petition to be +disposed of without trial, and as I had in the meantime ascertained +that the proposed mode of dealing with them would not be condemned by +the leading men of the British party, Lord Durham adopted the plan +proposed.' They regarded banishment as an unexpected mercy, as well +they might. The only alternative was the dock, the condemned cell, and +the gallows. + + +On the thirtieth of November Durham landed at Plymouth, and by the +middle of the following January he had finished his Report. Early in +February it was printed and laid before the House of Commons. The {20} +curious legend which credits Buller with the authorship is traceable to +Brougham's spite. Macaulay and Brougham met in a London street. The +great Whig historian praised the Report. Brougham belittled it. 'The +matter,' he averred, 'came from a felon, the style from a coxcomb, and +the Dictator furnished only six letters, D-u-r-h-a-m.' The whole +question has been carefully discussed by Stuart J. Reid in his _Life +and Letters of the First Earl of Durham_, and the myth has been given +its quietus. Even if direct external evidence were lacking, a +dispassionate examination of the document itself would dispose of the +legend. In style, temper, and method it is in the closest agreement +with Durham's public dispatches and private letters. + +The drafting of this most notable of state papers was the last of +Durham's services to the Empire. A little more than a year later he +was dead and laid to rest in his own county. Fifty thousand people +attended his funeral. A mausoleum in the form of a Greek temple marks +his grave. The funds for this monument were raised by public +subscription, such was the force of popular esteem. His dying words +were prophetic: 'Canada will one day do justice to my memory.' + +{21} + +The Report was Durham's legacy to his country. It defined once for all +the principles that should govern the relations of the colony with the +mother country, and laid the foundations of the present Canadian unity. +It did not please the factions in Canada; it was too plain-spoken. +Exception may be taken, even at the present day, to some of its +recommendations and conclusions. But its faithful pictures of 'this +hitherto turbulent colony' enable the historical student and the honest +patriot to measure the progress the country has since made on the road +to nationhood. If unpleasant, it is very easy reading. Few +parliamentary reports are closer packed with vital facts or couched in +clearer language. To the task of its composition the author brought +energy, insight, a sense of public duty, a desire to be fair, and, best +of all, an open mind, a perfect readiness to relinquish prepossessions +or prejudices in the face of fresh facts. His ample scheme of +investigation, as carried out by himself and his corps of able helpers, +had put him in control of a huge assemblage of data. On this he +reasoned with admirable results. + +The Report consists of four parts. The {22} first, and by far the +largest, portion deals with Lower Canada, as the main storm centre. +The second is concerned with Upper Canada; the third, with the Maritime +Provinces and Newfoundland. Having diagnosed the disease in the body +politic, Durham proposes a remedy. The fourth part is an outline of +the curative process suggested. + +'I expected to find a contest between a government and a people; I +found two nations warring in the bosom of a single state.' In that one +sentence Durham precises the situation in Lower Canada. Nothing will +surprise the Canadian of to-day more than the evidence adduced of 'the +deadly animosity' which then existed between the two races. The very +children in the streets fought, French against English. Social +intercourse between the two was impossible. The Report shows the +historical origin and carefully traces the course of this 'deadly +animosity.' It finds much to admire in the character of the French +habitant, but spares neither his faults nor the shortcomings of his +political leaders. It shows that the original racial quarrel was +aggravated by the conduct of the governing officials, both at home and +in Canada, until the French took up arms. {23} The consequences were +'evils which no civilized community can long continue to bear.' There +must be a 'decision'; and it must be 'prompt and final.' + +In Upper Canada Durham found a different situation. There the people +were not 'slavish tools of a narrow official clique or a few +purse-proud merchants,' but 'hardy farmers and humble mechanics +composing a very independent, not very manageable, and sometimes a +rather turbulent democracy.' The trouble was that a small party had +secured a monopoly of power and resisted the lawful efforts of moderate +reformers to establish a truly democratic form of government. +Ill-balanced extremists had taken up arms; but the sound political +instinct of the vast majority was against them. Here, too, the +original difficulties had been complicated by official ignorance in +England and the unwisdom of authorities on the spot. The result was +that these 'ample and fertile territories' were in a backward, almost +desperate, condition. Their poverty and stagnation were a depressing +contrast to the prosperity and exhilarating stir of the great American +democracy. + +The other outlying provinces presented no {24} such serious problems. +There were various anomalies and difficulties; but they were on their +way to removal. + +The 'evils which no civilized community could bear' were to be cured by +a legislative union of the Canadas. The time had gone by for a federal +union. A door must be either open or shut; the French province must +become definitely a British province and find its place in the Empire. +To end the everlasting deadlock between the governor and the +representatives of the people, the Executive should be made responsible +to the Assembly; and, in order to bring the scattered provinces closer +together, an inter-colonial railway should be built. In other words, +the obsolete, bad system of colonial government must undergo radical +reform, both within and without, because 'while the present state of +things is allowed to last, the actual inhabitants of these provinces +have no security for person or property, no enjoyment of what they +possess, no stimulus to industry.' + +The story of how this reform was undertaken, and of how, in spite of +many obstacles, it was brought to a triumphant success, must always +remain one of the most important chapters in the political history of +Canada. + + + +[1] The story of the rebellions will be found in two other volumes of +the present Series, _The Family Compact_ and _The Patriotes of '37_, +For earlier cognate history see _The Father of British Canada_ and _The +United Empire Loyalists_. + +[2] A sketch of Lord Durham's mission to Canada in 1838, by Charles +Buller. See the edition of Lord Durham's Report edited, with an +introduction, by Sir C. P. Lucas: Oxford, 1912. The original document +was given to Dr Arthur G. Doughty, Dominion Archivist, by the present +Earl of Durham. + + + + +{25} + +CHAPTER II + +POULETT THOMSON, PEACEMAKER + +Wounded and angry at what he considered an intolerable affront, Durham +had placed the reins of government in the firm hands of that fine old +soldier, Sir John Colborne, and had gone to speak with his enemies in +the gate. Not only was the cause of Canada left bleeding; but as soon +as Durham's back was turned, rebellion broke out once more. This +second outbreak arose from the support afforded the Canadian +revolutionists by American 'sympathizers.' The full story of the +'Hunters' Lodges' has never been told, and the sentiment animating that +organization has been quite naturally misunderstood and misrepresented +by Canadian historians. In the thirties of the nineteenth century +western New York was the 'frontier,' and it was peopled by wild, +illiterate frontiersmen, familiar with the use of the rifle and the +bowie-knife, bred in the Revolutionary {26} tradition and nourished on +Fourth of July oratory to a hatred of everything British. The memories +of 1812 were fresh in every mind. These simple souls were told by +their own leaders and by political refugees from Canada, such as +William Lyon Mackenzie, that the two provinces were groaning under the +yoke of the 'bloody Queen of England,' that they were seething with +discontent, that all they needed was a little assistance from free, +chivalrous Americans and the oppressed colonists would shake off +British tyranny for ever. Appeal was made to less exalted sentiment. +Each patriot was to receive a handsome grant of land in the newly +gained territory. Accordingly, in the spring and summer of 1838, a +large scheme to give armed support to the republicans of Canada was +secretly organized all along the northern boundary of the United +States. It was a secret society of 'Hunters' Lodges,' with ritual, +passwords, degrees. Each 'Lodge,' was an independent local body, but a +band of organizers kept control of the whole series from New York to +Detroit. The 'Hunters' are uniformly called 'brigands' and 'banditti' +by the British regular officers who fought them, and the terms have +been {27} handed on without critical examination by Canadian +historians; but not with justice. Misled though they were, the +'Hunters' looked upon Canada only as Englishmen looked upon Greece, or +Poland, or Italy struggling for political freedom: the sentiment, +though misdirected, was anything but ignoble. Acting upon this +sentiment, a Polish refugee, Von Shoultz, led a small force of +'Hunters,' boys and young men from New York State, in an attack on +Prescott, November 10, 1838. He succeeded in surprising the town and +in establishing himself in a strong position in and about the old +windmill, which is now the lighthouse. His position was technically a +'bridge-head,' and he defeated with heavy loss the first attempt to +turn him out of it. If he had been properly supported from the +American side of the river, and if the Canadians had really been ready +to rise _en masse_ as he had been led to believe, the history of Canada +might have been changed. As it was, the invaders were cut off, and, on +the threat of bombardment with heavy guns, surrendered. Their leader +paid for his mistaken chivalry with his life on the gallows within old +Fort Henry at Kingston; and, {28} in recognition of his error, he left +in his will a sum of money to benefit the families of those on the +British side who had lost their lives through his invasion. Of his +followers, some were hanged, some were transported to Tasmania, and +some were set free. During that winter the 'Hunters' made various +other attacks along the border, which were defeated with little effort. +Though now the danger seems to have been slight, it did not seem slight +to the rulers of the Canadas at that time. The numbers and the power +of the 'Hunters' were not known; the sympathy of the American people +was with them, especially while the filibusters were being tried at +drum-head court-martial and hanged; and there was imminent danger of +the United States being hurried by popular clamour into a war with +Great Britain. + +All through the summer of 1838 the rebel leaders in the United States +had been plotting for a new insurrection. They were by no means +convinced that their cause was lost. Disaffection was kept alive in +parts of Lower Canada and the habitants were fed with hopes that the +armed assistance of American sympathizers would ensure success for a +second attempt at independence. It may be {29} the sheerest accident +of dates; but Durham took ship at Quebec on the first of November, and +Dr Robert Nelson was declared president of the Canadian republic at +Napierville on the fourth. A copy of Nelson's proclamation preserved +in the Archives at Ottawa furnishes clear evidence of the aims and +intentions of the Canadian radicals: they wanted nothing less than a +separate, independent republic, and they solemnly renounced allegiance +to Great Britain. At two points near the American boundary-line, +Napierville and Odelltown, the loyal militia and regulars clashed with +the rebels and dispersed them. Once more the jails were filled, which +the mercy of Durham had emptied. Once more the cry was raised for +rebel blood, and the winter sky was red with the flame of burning +houses which had sheltered the insurgents. Hundreds of French +Canadians fled across the border; and from this year dates the +immigration from Quebec into New England which has had such an +influence on its manufacturing cities and such a reaction on the +population which remained at home. Another fruit of this ill-starred +rebellion was the haunting dirge of Gerin-Lajoie, _Un Canadien errant_. +Twelve of the leaders were {30} tried for treason, were found guilty, +and were hanged in Montreal. Some of these had been pardoned once for +their part in the rising of the previous year; some were implicated in +plain murder; all were guilty; but the chill deliberate formalities of +the gallows, the sufferings of the wretched men, their bearing on the +scaffold, the vain efforts to obtain reprieve, produced a strong +revulsion of popular feeling in their favour. By the common law of +nations they were traitors; but they are still named and accounted +'patriots.' + +At Toronto, Lount and Matthews, two of the rebel leaders of Upper +Canada, were hanged in the jail-yard on April 12, 1839. A petition for +mercy was set aside; Lount's wife on her knees begged the +lieutenant-governor to spare her husband's life, but in vain. Here, +too, public feeling was chiefly pity for the unfortunate. But these +executions did not satisfy the extremists. The lieutenant-governor, +Sir George Arthur, who had long been governor of the penal settlement +in Tasmania, was avowedly in favour of further severities; and vengeful +loyalists clamoured in support. All Durham's work seemed undone. The +political outlook of {31} the Canadas in 1839 was, if anything, darker +and more hopeless than it had been two years before. + +Almost as grave as the political condition of the country was the +financial situation. The rebellions of '37 coincided with a +wide-spread financial crisis in the United States, which had its +inevitable reaction upon all business in Canada, and matters had gone +from bad to worse. By the summer of 1839 Upper Canada--the present +rich and prosperous Ontario--was on the verge of bankruptcy. The +reason lay in the ambition of this province. The first roads into any +new country are the rivers. Therefore the population of Canada first +followed and settled along the ancient waterway of the St Lawrence and +the Great Lakes. But this wonderful highway was blocked here and there +by natural obstacles to navigation, long series of rapids and the giant +escarpment of Niagara. To overcome these obstacles the costly Cornwall +and Welland canals had been projected and built. The money for such +vast public works was not to be found in a new country in the pioneer +stage of development; it had to be borrowed outside; and the annual +interest on these borrowings amounted {32} to L75,000, more than half +the annual income of the province. And this huge interest charge was +met by the disastrous policy of further borrowings. After Poulett +Thomson, Durham's successor, became acquainted with Upper Canada--'the +finest country I ever saw,' wrote the man who had seen all Europe--he +testified: 'The finances are more deranged than we believed in +England.... All public works suspended. Emigration going on fast +_from_ the province. Every man's property worth only half what it +was.' Decidedly the political and financial problems of Canada +demanded the highest skill for their solution. + +While things had come to this pass in Canada, Lord Durham's Report on +Canada had been presented to the British House of Commons and its +proposals of reform had been made known to the British public. It +revealed the incompetency of Lord Glenelg as colonial secretary; he +resigned and made way for Lord John Russell, who was in hearty accord +with the principles and recommendations of the Report. The chief +recommendation was that the only possible solution of the Canadian +problem lay in the political union of the two provinces. At first the +British {33} government was inclined to bring about this desirable end +by direct Imperial fiat, but in view of the determined opposition of +Upper Canada, it wisely decided to obtain the consent of the two +provinces themselves to a new status, and to induce them, if possible, +to unite of their own motion in a new political entity. The essential +thing was to obtain the consent of the governed; but they were +turbulent, torn by factions, and hard to bring to reason. + +For a task of such difficulty and delicacy no ordinary man was +required. Sir John Colborne was not equal to it; he was a plain +soldier, but no diplomat. He was raised to the peerage as Lord Seaton +and transferred. A second High Commissioner, with practically the +powers of a dictator, was appointed governor-general in his stead. +This was a young parliamentarian, of antecedents, training, and outlook +very different from those of his predecessors. Instead of the Army or +the county family, the new governor-general represented the dignity of +old-fashioned London mercantile life. Charles Poulett Thomson had been +in trade; he had been a partner in the firm of Thomson, Bonar and Co., +tallow-chandlers. Now tallow-chandlery is not {34} generally regarded +as a very exalted form of business, or the gateway to high position; +but in the days of candles it was a business of the first importance. +Candles were then the only light for the stately homes of England, the +House of Commons, the theatres. The battle-lanterns of Britain's +thousand ships were lit by candles. Supplies of tallow must be fetched +from far lands, such as Russia. And this business formed the +governor-general of Canada. As a boy in his teens he was sent into the +counting-house, an apprentice to commerce, and so he escaped the +'education of a gentleman' in the brutal public schools and the +degenerate universities of the time. Business in those days had a sort +of sanctity and was governed by punctilious--almost religious--routine. +In the interests of the business he travelled, while young and +impressionable, to Russia, and mixed to his advantage with the +cosmopolitan society of the capital. Ill-health drove him to the south +of France and Italy, where he resided for two years. His was the rare +nature which really profits by travel. Thus, in a nation of one +tongue, he became a fluent speaker of several European languages; and, +in a nation which prides itself on being blunt {35} and plain, he was +noted for his suave, pleasing, 'foreign' manners. Poulett Thomson +became, in fact, a thorough man of the world, with well-defined +ambitions. He left business and entered politics as a thoroughgoing +Liberal and a convinced free-trader long before free trade became +England's national policy. Another title to distinction was his +friendship with Bentham, who assisted personally in the canvass when +Thomson stood for Dover. From 1830 onwards he was intimately +associated with the leaders of reform. He was a friend of Durham's, +and they had worked together in negotiating a commercial treaty with +France. Continuity in the new Canadian policy was assured by personal +consultations with Durham before Thomson started on his mission. +'Poulett Thomson's policy was based on the Durham Report, and most of +his schemes in regard to Canada were devised under Durham's own roof in +Cleveland Row.' + +[Illustration: Lord Sydenham. From an engraving by G. Browning in +M'Gill University Library.] + +Business, travel, and politics combined to form the character of +Poulett Thomson. His well-merited titles, Baron Sydenham and Toronto, +tend to obscure the fact that he was essentially a member of the great +middle class, a civilian who had never worn a sword or {36} a military +uniform. He represented that element in English life which is always +enriching the House of Peers by the addition of sheer intellectual +eminence, like that of Tennyson and Kelvin. He had a sense of humour, +a quality of which Head and Durham were devoid. He was amused when he +was not bored by the pomp attending his position. 'The worst part of +the thing to me, individually, is the ceremonial,' he writes. 'The +_bore_ of this is unspeakable. Fancy having to stand for an hour and a +half bowing, and then to sit with one's cocked hat on, receiving +addresses.' In person Thomson was small, slight, elegant, +fragile-looking, with a notably handsome face. He was one of those +clever, agreeable, plausible, managing little men who seem always to +get their own way. They are very adroit and not too scrupulous about +the means they use to attain their ends. They have that absolute +belief in themselves which their friends call self-confidence and their +enemies conceit. + +Thomson came to his arduous task brimming with ambition and belief in +his ability to cope with it. He realized to the full the difficulty of +the problem set him and {37} the credit which would accrue if he solved +it. 'After fifteen years,' a friend wrote, 'you have now the golden +opportunity of settling the affairs of Canada upon a safe and firm +footing, ensuring good government to the people, and securing ample +power to the Crown.' He was fully aware of this himself. 'It is a +_great field_ too,' he notes in his private Journal, 'if I can bring +about the union of the provinces and stay for a year to meet the united +assembly and set them to work'; and he contrasts the opportunity for +distinction offered by the Canadian imbroglio with the tame +possibilities of a subordinate position in the Cabinet, which would be +his fate if he remained in England. + +The new governor-general reached Quebec in H.M.S. _Pique_ on October +17, 1839, after a stormy passage of thirty-three days. His first task +in Canada was the same as Durham's--to acquaint himself with the actual +conditions--and he flung himself into it with equal energy. Like +Durham, too, he was ably assisted by capable men on his staff, notably +T. W. C. Murdoch, his civil secretary, and James Stuart, the chief +justice of Lower Canada. From the very first he won golden {38} +opinions from all sorts of persons. The tone of his proclamations, the +courtesy and tact of his public utterances, his personal charm made him +speedily popular. The party of Reform was conciliated because he was +known to be in sympathy with the principles of Lord Durham's Report, +while the Conservatives were pleased with his avowed purpose of +strengthening the bonds between the colony and the mother country. +Lower Canada was still a province without a constitution; but it must +have some machinery of government. A makeshift for regular government +was provided by a Legislative Council of fourteen persons of importance +appointed by Sir John Colborne. Their agreement to the principles of +union was soon obtained. The province now seemed tranquil and the +governor-general hurried on to Upper Canada. His account of his +journey from Montreal to Kingston--the changes and stoppages, the +varieties of conveyance--illustrates vividly the difficulties of travel +in those days. + +At Toronto Thomson found a totally different set of conditions. Here +was a constitution functioning and a legislature in session; but what a +legislature! Split into half a dozen little cliques and factions, it +was {39} trying to work with no cabinet, no opposition, no party +system--an ideal state of things to which some critics of present +conditions would like to return. The office-holders, that is, the +members of the government, took opposite sides in debate. The Assembly +was a house divided and sub-divided against itself. There was a +wide-spread and persistent clamour for 'responsible government,' but no +one knew precisely what was meant by it. Who was to be 'responsible'? +for what? and to whom? How was it possible to make the local +government 'responsible' to the people of the colony without reducing +the governor to a figurehead? If his authority were reduced to a +shadow, what became of the 'prerogative' and British connection? Was +not 'responsible government' simply the prelude to the absolute +separation of the colony from the mother country? Then there was the +question of the Clergy Reserves agitating every colonial breast. +One-seventh of the public domain had been set aside for the support of +a favoured church: a plain case of monopoly and privilege, said some; a +wise provision for the maintenance of religion, said others. And the +shadow of bankruptcy was {40} hanging over the unhappy colony. The +situation was one of the utmost difficulty, calling for an almost +superhuman combination of ability, tact, and firmness. Here, as in +Lower Canada, the governor-general's first effort was to obtain the +consent of the people's representatives to the great change in the +status of the province which the union would involve. He carried his +point by meeting men and discussing the project with them--a process of +education. Although there was some opposition on various grounds, +reasonable and unreasonable, the Assembly finally consented to the +following terms: first, each province was to have an equal number of +representatives; secondly, a sufficient civil list was to be granted; +thirdly, the debt incurred by Upper Canada for public works of common +interest should be charged upon the revenue of the new united province. +These terms could not be called ideal, especially in regard to Lower +Canada; but union was the only alternative to benevolent despotism or +civil war. In bringing the legislature of Upper Canada to consent to +these terms Thomson had the valuable aid of the cohort of Moderate +Reformers led by Baldwin and Hincks. + +{41} + +No inconsiderable part of the governor-general's task was a campaign of +education in the _ABC_ of responsible government. Those elementary +ideas of party government now regarded as axiomatic had to be taught +painfully to our rude forefathers in legislation. That the government +should have a definite head or leader in the Assembly, who should speak +for the government, introduce and defend its measures; that the +officials of the government other than those holding permanent posts +should form one body--a ministry--which should automatically relinquish +office and power when it could no longer command a majority in the +legislature, were practically new and by no means welcome ideas to the +old-time law-makers of Canada. The natural corollary that the +opposition also should be organized under a definite leader, who, on +defeating the government, should assume the responsibility of forming a +cabinet, was equally novel. Such a check on reckless criticism was +sadly needed. Of the process by which Thomson achieved his ends even +his fullest biography gives little information. There must have been +endless conferences of homespun, honest farmers like Willson, men of +breeding like {42} Robinson, brilliant lawyers like Sullivan, plain +soldiers like MacNab, with the little, sickly, understanding governor +of the brilliant eyes, the charming manner, and the persuasive tongue. +Of all the varied explaining, discussing, initiating, little record +remains. But the work was done and the results are manifest to the +world. The persuasive little man succeeded in persuading the +law-makers of Upper Canada that the way out of their difficulties lay +not through division but through union. He persuaded them to a change +of status which was a reversal to the old status prior to the +Constitutional Act, and also a prelude to that larger union of the +British colonies in North America which was destined to embrace half +the continent. + +Having succeeded almost beyond belief in the first part of his mission, +Thomson turned his attention to the next vexed question. This was the +question of the Clergy Reserves. On this subject much ink had been +spilt and much hard feeling engendered; and it still provokes not a +little ill-directed sarcasm. The whole matter is in danger of being +misunderstood, and eighteenth-century lawmakers are blamed for not +possessing ideas a hundred years ahead of their times. + +{43} + +By the terms of the Constitutional Act of 1791 one-seventh of the +public lands thereafter to be granted were devoted to 'the Support and +Maintenance of a Protestant Clergy.' The provision was due, it seems, +to the king himself, pious, homely 'Farmer George'; and to men of his +mind no provision could have seemed more natural or right. +'Establishment' had been the rule from time immemorial. The Church of +England was 'established,' that is, provided by law with an income in +England, in Wales, and in Ireland. The 'Kirk' was similarly +'established' in Scotland. In British America itself the Church of +Rome was 'established' very firmly in Lower Canada. What could be more +natural for a Protestant monarch than to make provision for a +'Protestant Clergy' in a British colony settled by British immigrants, +and purchased with such outpouring of British blood and British +treasure? And what more ready and easy way could be found of providing +for that 'clergy' than by endowing it with waste lands which taxed no +one and which would increase in value as the country became settled? +In its essence this endowment was a recognition of the value of the +Christian religion in preserving {44} the state. But trouble arose +almost at once in the interpretation of the terms 'Protestant' and +'clergy.' Was not the Church of Scotland 'Protestant' as well as the +Church of England? Were not the various species of 'Dissenters' also +the most vigorous of 'Protestants'? On the other side it was asked, +Was not the term 'clergy' applied exclusively to the ministers of the +Church of England? It could not apply to any religious teachers +outside the pale; those outside the pale never dreamed of applying it +to themselves. Naturally other denominations wished to share in this +most generous endowment; and quite as naturally the Church of England +desired to stand by the letter of the law and hold what it had of legal +right. Some extremists opposed any and all establishments, holding +that the church should be independent of the state. Let the endowment +be used for the sorely pinched cause of education, and let the +ministers of all denominations depend solely on the Christian +liberality of their people. Perhaps the extremists were in closest +touch with the genius of the new land and the new institutions growing +up in it. To the plain man in the pioneer settlement there seemed +something feudal, something {45} unjust, in creating a privileged +church at the expense of all other churches. Pioneer life brings men +back to primal realities. To the settler in the log-hut the externals +of religion are apt to fade until all churches seem to be much the +same: to set one above all the others seems in his eyes so unjust as to +admit of no argument in its favour. Besides, he had a very real +grievance: the reserved unoccupied lands interfered with his +well-being; they came between farm and farm, increased his taxation, +and prevented the making of the needful roads. How was he to get to +market? to fetch supplies? To-day few will be found to argue for a +state church; but it was not so in the twenties and thirties of the +last century. The battle raged loud and long; and pamphleteer rent +pamphleteer in endless, wordy warfare. + +By 1817 the grievance had become clamant; and when that inquisitive +agitator, Robert Gourlay, asked the farmers of Upper Canada what +hindered settlement, he received the answer--Clergy Reserves. Two +years later the Assembly asked for a return of the lands leased and the +revenue derived from them. Up to this time the annual revenue had not +exceeded L700. In the same {46} year, 1819, the 'Kirk' parish of +Niagara applied for a grant of L100, and the law-officers of the Crown +supported the claim. This decision stirred up the Anglicans. They +formed themselves into a corporation in each province to oversee the +administration of the Clergy Reserves. Ownership in the lands was to +be obtained, if obtained at all, through the establishment and +endowment of separate rectories, as provided for in the original act. +Why the directing minds among the Anglicans did not adopt this ready +and easy method of obtaining at least the bulk of the disputed land is +something of a mystery. Apparently they adopted a policy of all or +none. Only in 1836, just before the outbreak of the rebellions, when +political feeling was at fever pitch, did Sir John Colborne, at the +bidding of Bishop Strachan, sign patents for forty-four parishes to be +erected in Upper Canada. The total amount of land devoted to this +purpose was seventeen thousand acres. 'This,' declared Lord Durham, +'is regarded by all other teachers of religion in the country as having +at once degraded them to a position of legal inferiority to the clergy +of the Church of England; and it has been most warmly resented. In the +opinion of many persons, {47} this was the chief predisposing cause of +the recent insurrection, and it is an abiding and unabated cause of +discontent.' + +Thomson's way of dealing with this cause of discontent did not dispose +of it for ever, but it at least provided a lenitive. With the business +man's respect for property and vested interests, he was opposed to the +diversion of the grant from its original purpose to the support of +education. He used his powers of persuasion upon 'the leading +individuals among the principal religious communities.' After 'many +interviews' he secured the support of the religious communities to a +measure which he had prepared. By the terms of this bill the remainder +of the reserved land was to be sold and the proceeds were to form a +fund, the income from which should be distributed annually among the +Church of England, the Church of Scotland, and other specified +religious bodies, 'in proportion to their respective numbers.' This +measure was not really acceptable to the Reformers, who wanted to see +the land used in the cause of education; it was distasteful to the Kirk +men; it was gall and wormwood to extreme Anglicans like Bishop +Strachan. None the less, the personal {48} influence of the +diplomatic, strong-willed little man carried it through; and although +the Act itself was disallowed, on excellent grounds, by the Imperial +government, as exceeding the powers of the provincial legislature, yet +the Imperial parliament passed an Act exactly to the same effect. +Thomson had applied a plaster to the sore. + +His general view of the political conditions is shown in a private +letter to his chief, Lord John Russell. The picture he draws is +lively, unflattering, but instructive. 'I am satisfied that the mass +of the people are sound--moderate in their demands and attached to +British institutions; but they have been oppressed by a miserable +little oligarchy on the one hand and excited by a few factious +demagogues on the other. I can make a middle reforming party, I am +sure, that will put down both.' The record of seventy-five years and +of two wars shows the attachment of the Canadians to British +institutions, and how justly the governor-general appraised the 'mass +of the people.' Not less clearly did he judge the politicians of the +day, their pettiness, their naive selfishness, their disregard of rule +and form, shocking all the instincts of the British man of business and +{49} the trained parliamentary hand. 'You can form no idea,' he +continues, 'of the way a Colonial Parliament transacts its business. I +got them into comparative order and decency by having measures brought +forward by the Government and well and steadily worked through. But +when they came to their own affairs, and, above all, to money matters, +there was a scene of confusion and riot of which no one in England can +have any idea. Every man proposes a vote for his own job; and bills +are introduced without notice and carried through _all_ their stages in +a quarter of an hour! One of the greatest advantages of the Union will +be that it will be possible to introduce a new system of legislating, +and above all, a restriction upon the initiation of money-votes. +Without the last I would not give a farthing for my bill: and the +change would be decidedly popular; for the members all complain that +under the present system they cannot refuse to move a job for any +constituent who desires it.' Canadians of the present day should study +those words without flinching. + +When the session was over Thomson posted back to Montreal, assembled +his Special Council, and set to work, in the role of {50} benevolent +despot, introducing many much-needed reforms. The wheels of government +had been definitely blocked by racial hatred; the constitution was +still suspended. 'There is positively no machinery of government,' +Thomson wrote in a private letter. 'Everything is to be done by the +governor and his secretary.' There were no heads of departments +accessible. When a vacancy occurred, the practice was to appoint two +men to fill it, one French and the other English. There were joint +sheriffs, and joint crown surveyors, who worked against each other. +Ably seconded by the chief justice Stuart, the energetic governor +succeeded in reforming the procedure of the higher courts of judicature +and in establishing district courts after the model of Upper Canada. +Altogether, twenty-one ordinances were passed which had the force of +law. They were indispensable, in Thomson's opinion, in paving the way +for the Union. He was under no illusions as to his methods. 'Nothing +but a despotism could have got them through. A House of Assembly, +whether single or double, would have spent ten years at them,' he +writes, with perfect truth. + +The Maritime Provinces next claimed his {51} attention, as they came +within the scope of his commission. In Nova Scotia, likewise, a +struggle for responsible government was in progress, but with striking +differences. The protagonist of the movement, Howe, was the very +reverse of a separatist. He was passionately attached to Britain and +British institutions, and he thought not in terms of his little +province, but of the Empire. Over-topping all other politicians of his +day in native power and breadth of vision, he was successful in working +out the problem of responsible government by purely constitutional +methods, without a symptom of rebellion, the loss of a single life or +any _deus ex machina_ dictator or pacificator from across the seas. +Howe, indeed, was fitted to educate statesmen in the true principles of +democratic government, as his famous letters to Lord John Russell +testify. Howe's achievement must be compared with the failure of +Mackenzie and Papineau, if his true greatness is to appear. When +Thomson and he met, they found that they were at one in principle and +in respect to the measures necessary to bring about the desired +reforms. That month of July 1840 was a very busy one for the +governor-general. He reached Halifax on the ninth and left on {52} the +twenty-eighth for Quebec. In the meantime he had met many men, +discussed many measures, gauged the situation correctly, drafted a +clear memorandum of it, and made a flying visit to St John and +Fredericton. He found New Brunswick happy and contented, a very oasis +of peace in the howling wilderness of colonial politics. His policy +was to get into personal touch with every part of his government and to +see it with his own eyes. On his way back to Montreal from Quebec he +made a detour through the Eastern Townships. Everywhere he increased +his already great popularity. + +Apart from his natural and commendable desire to inform himself by the +evidence of his own eyes and ears, these tours were dictated by sound +policy. The governor-general was his own minister, the approaching +election was his election, the Union was his measure; so his public +appearances, speeches, replies to addresses, personal interviews were +all in the nature of an election tour by a modern political leader to +influence public opinion, a legitimate part of his campaign. After +touring the Eastern Townships he made a thorough visitation of the +western province, going round by water, and {53} being nearly wrecked +on Lake Erie and again on Lake Huron, where he found that the inland +freshwater sea could be as turbulent as the Bay of Biscay. Elsewhere +the Canadian autumn weather was delightful. His precarious health +improved. His tour was a triumphal progress. '_All_ parties,' he +writes, 'uniting in addresses in every place, full of confidence in my +government, and of a determination to forget their former disputes.' +He adds a little pen-picture, which shows that the Canadian pioneer had +a knack of impromptu pageantry which his descendants have lost. +'Escorts of two and three hundred farmers on horseback at every place +from township to township, with all the etceteras of guns, music, and +flags.' The governor rode a good deal himself, taking saddle-horses +with him as well as a carriage. Those musical, gun-firing, flag-flying +cavalcades from township to township in the pleasant autumn weather of +1840 enliven the background of a political struggle. 'What is of more +importance,' continues the astute and businesslike little man, 'my +candidates everywhere taken for the ensuing elections.' This western +tour had an important reaction upon public opinion in Toronto, bringing +the {54} divers factions into something like harmony for a time. +Thomson himself was genuinely pleased with what he had seen of that +rich, heart-shaped peninsula lying behind the moat of three inland +seas, with the flowing names, Huron, Erie, Ontario. He writes in +justifiable superlatives. 'You can conceive nothing finer. The most +magnificent soil in the world--four feet of vegetable mould--a climate +certainly the best in North America--the greater part of it admirably +watered. In a word, there is land enough and capabilities enough for +some millions of people and for one of the finest provinces in the +world.' Half a century from the time of writing the governor's vision +was realized and Ontario was the 'banner province' of the Dominion. + +During that busy month of July which the governor had spent in the +Maritime Provinces the Act of Union passed by the Imperial parliament +had taken effect. The two provinces were proclaimed to be one province +with one legislature. It was necessary to issue a new commission for +the governor of the new province, and, to mark the importance of his +achievement, Charles Poulett Thomson was created a peer, Baron Sydenham +of Sydenham in Kent and Toronto in Canada. {55} One advantage of a +monarchy is its ability to reward service to the state in a splendid +way. Sydenham's honour was well deserved, but he was not destined to +enjoy it long. His activity in no way relaxed. An essential part of +the scheme of union, as he saw it, was local home rule. The country +was to be divided into small self-governing +units--municipalities--taxing themselves for their own necessary +expenditures and controlling the revenues so raised. This is now such +a familiar idea, an institution which works so well, that it is hard to +conceive of Canada ever lacking it. Even more difficult to conceive is +why the idea should have been opposed by the Imperial parliament so +strongly that an advanced Liberal like Lord John Russell was forced to +exclude it from the Act of Union. But Sydenham was not easily balked. +Being on the ground and seeing the urgent need of such an institution, +he called together his wonderful Special Council for one last session. +Between them they organized the municipal system which, in modified +form, still functions in Quebec. After the Union the system was +extended to Ontario, to the great advantage of that province. So +thoroughly are Canadians {56} accustomed to managing their own affairs, +that they do not realize what a privilege they possess in their +municipal system, and how far Great Britain then lagged behind. + +Another important measure passed by the expiring Special Council was +the Registry Act. To the habitant the selling, mortgaging, and +transfer of property was a private affair; he did not see the need for +publicity. So the habit of clandestine transfer of land was almost a +French habit. The same habit prevailed among the Acadians and had to +be dealt with by the English governors. The attempt to put the +transfer of land upon a business basis was regarded as an insidious +attack upon a national custom. Once more the benevolent despot +succeeded in bringing about a much-needed reform. The 'ass's bridge,' +as he calls it, had been impassable for twenty years. Now that it was +crossed, the exploit met 'the nearly universal assent of French and +English.' Some thirty other ukases, all tending to order and the +common weal, were issued in the last session of this extraordinary +legislative body. One fixed the place of the capital. After much +debate on the rival claims of Quebec, Montreal, Toronto, Bytown, and +{57} Kingston, it was decided that the town with the martello towers +guarding the gateway to the Thousand Islands, with its memories of +Frontenac and the War of 1812, should be the capital of the new united +province. And it was so. About the quiet university town, where +Queen's is Grant's monument--_si monumentum requiris, +circumspice_--there lingers still the distinction of the old vice-regal +days. + +Then came the first election for the new Assembly of the united +province, perhaps the most momentous in the history of Canada. Lower +Canada was vehemently opposed to the whole scheme. To elect a Union +member was, in the words of the Quebec Committee, 'stretching forth the +neck to the yoke which is attempted to be placed upon us.' The French +were organized into a solid phalanx of opposition. In the western +province the Tory and Orange opposition was equally violent towards a +measure which was deemed to favour the French. The elections of 1841 +were held with the bad old-fashioned accompaniments of riot and +bloodshed, especially in the centres, Montreal and Toronto. Neither +side was free from the blame of irregular methods. Certainly the +government was not {58} scrupulous in the means it employed to secure +the return of Union candidates. The results were known early in April. +They were as follows: for the government, twenty-four members; French, +twenty; Moderate Reformers, twenty; ultra-Reformers, five; Compact +party, five; doubtful, seven. The curse of petty faction was not +lifted, nor the machinery of two-party government really installed, for +it was quite possible for several of these groups to combine in voting +down government measures without having sufficient cohesion among +themselves to form a ministry and assume control. + +The session opened at Kingston on June 14, 1841. A hospital was turned +into a parliament house, a row of warehouses was appropriated for +government offices, and the fine old stone mansion by the waterside +known as 'Alwington' became the residence of the governor-general. +That last summer of his life was crowded with toil and anxiety, but +crowned with triumph. Acting as his own minister, he had to press +through a chaotic and factious legislature, far-seeing measures of +vital importance to the country; he had to reconcile differences, to +smooth opposition, to continue his campaign of education in {59} +parliamentary procedure. In addition to the immediate problem of +remaking the Canadas into one province, Sydenham was deep in diplomatic +difficulties arising over disputes as to the Maine boundary. This +difficulty was settled in 1842 by the Ashburton Treaty, which finally +delimited the frontier lines. The strain on the governor-general was +severe, and his health, never robust, gave way under it; but the frail +form was upborne by the indomitable spirit of the man, and by the +consciousness that he was winning the long-desired and doubtful +victory. His success was plain to other eyes across the sea. His +chief, Lord John Russell, sent gratifying commendations and obtained +for him the coveted honour of the Grand Cross of the Bath. Feeling +that his mission was accomplished, he sent in his resignation and made +his preparations to return to England. The sound he longed to hear was +the pealing of the guns from the citadel of Quebec in a final salute to +the departing proconsul. He was to obtain release in another way. + +Some idea of Sydenham's difficulties may be formed by a consideration +of the Baldwin incident, as it has been called. Just before the +session opened an effort was made to {60} combine the Moderate +Reformers of Upper Canada and the 'solid' French-Canadian party of +Lower Canada into a compact parliamentary phalanx of forty which would, +of course, take charge of the House. Baldwin was skilfully approached +and played upon until he supported this intrigue. The sequel is best +told in Sydenham's own words. + + +Acting upon some principle of conduct, which I can reconcile neither +with honour nor common sense, he strove to bring about this Union, and +at last having as he thought effected it, coolly proposed to me, on the +day before Parliament was to meet, to break up the Government +altogether, dismiss several of his Colleagues and replace them by men +whom I believe he had not known for twenty-four hours, but who are most +of them thoroughly well known in Lower Canada (without going back to +darker times) as the principal opponents to every measure for the +improvement of that Province which has been passed by me, and as the +most uncompromising enemies to the whole of my administration of +affairs there. + +I had been made aware of this Gentleman's {61} proceedings for two or +three days, and certainly could hardly bring myself to tolerate them, +but in my great anxiety to avoid if possible any disturbance, I had +delayed taking any step. Upon receiving, however, from himself this +extraordinary demand, I at once treated it, joined to his previous +conduct, as a resignation of his office, and informed him that I +accepted it without the least regret. + + +Of Baldwin's personal integrity there was no doubt; but the honest man +had been used as a tool. If the intrigue had succeeded, all Sydenham's +labour must have been lost, the Union would have been wrecked in the +launching, and the country thrown back into chaos. Fortunately the +intrigue failed. Baldwin passed over to the opposition, but he was +unable to lead the Reformers of Upper Canada into killing government +measures such as extension of the main highways, reform of the usury +laws, establishment of a comprehensive municipal system. They followed +the sounder leadership of Hincks and supported Sydenham in his wise +efforts to promote the country's good. + +{62} + +The whole session was a series of crises. Sydenham stood pledged to +the cardinal principle of democratic government, that the majority must +rule. Parliamentary procedure, as they have it in England, was a new +thing in Canada. In Great Britain the government does not always +resign when defeated on a vote, nor does the opposition defeat the +government when it has no power to form an alternative government. The +only consistent opposition was Neilson's band of French Canadians, and +their policy was pure obstruction and their object to separate the two +provinces once more. By combining the factions it was possible +sometimes to defeat a government, but for the government to throw down +the reins of power, with no one on the other side capable of taking +them up, would have been madness. The situation craved wary walking +and most delicate balancing; but Sydenham was equal to it. Later in +the session, when the members had learned their lesson, the +governor-general affirmed his position in a series of resolutions moved +by Harrison, the leader of the government. In these he asserted: +first, his position as representative of the monarch, and, as such, +responsible to Imperial {63} authority alone; secondly, the +administration must possess the confidence of the representatives of +the people; and thirdly, that the administration shall act in +accordance with the well-understood wishes and interests of the people. +In other words, he declared himself for British connection plus +majority rule. + +Critics found the first session of the new parliament of Canada a +'do-nothing-but-talk' session. There was indeed a flow of eloquence in +various kinds during the first few weeks until the different parties +found the proper relations and the serious work of legislation began. +Constructive measures of the first importance became law in due course. +Sydenham's own words sum up his achievement. 'With a most difficult +opening, almost a minority, with passions at boiling heat, and +prejudices such as I never saw, to contend with, I have brought the +Assembly by degrees into perfect order ready to follow wherever I may +lead; have carried all my measures, avoided or beaten off all disputed +topics, and have got a ministry with an avowed and recognized majority, +capable of doing what they think right, and not to be upset by my +successor. I have now accomplished all that I set much {64} value on; +for whether the rest be done now, or some sessions hence, matters +little. The five great works I aimed at have been got through: the +establishment of a board of works with ample powers; the admission of +aliens; the regulation of the public lands ceded by the Crown under the +Union Act; and lastly this District Council Bill.' The financial +difficulties of the province had been met by guaranteed Imperial loan, +and progress had been made in remedying the evils of pauper +immigration. Not often does a constructive statesman live to see his +labours so richly rewarded by success. + +Then the end came. A stumble of Sydenham's horse as he mounted a rise +near 'Alwington' threw him to the ground and broke his right leg. His +constitution, never strong, had been weakened by disease, unsparing +work, and ceaseless anxieties. The bones would not set, the laceration +would not heal, and at last lockjaw set in. It was impossible for him +to recover. One does not expect the heroic from a fragile man of the +world, but Sydenham's last thoughts were for the state he had served so +well. In the agonies of tetanus he composed the speech with which he +had hoped to bring the session {65} to a close. The last words were +the dying governor's prayer for Canada. 'May Almighty God bless your +labours, and pour down upon this province all those blessings which in +my heart I am desirous it should enjoy.' + +His accident occurred on the fourth of September: he was not released +from his sufferings until the nineteenth. A stately funeral testified +to the universal regret. St George's Cathedral at Kingston, where his +bones lie, should be among the high places of the land, a shrine doubly +sacred, as the tomb of one who had no small part in making Canada. + + + + +{66} + +CHAPTER III + +REFORM IN THE SADDLE + +On Parliament Hill at Ottawa is a monument of bronze and marble. It +represents two men standing in close converse; and, in spite of the +dull and untempering effect of modern coats and trousers, the monument +is an artistic success worthy of the noble eminence on which it stands +above the broad-bosomed river and looking towards the distant hills. +It is designed to keep in memory LaFontaine, the man of French blood, +and Baldwin, the man of English blood, who worked together as leaders +in the first parliament of reunited Canada. That they so worked +together for the good of their common country deserves commemoration in +enduring brass; for, happily, ever since their time English and French +have been found working side by side and vying in fraternal efforts +towards the same glorious end. + +LaFontaine and Baldwin are typical Canadian {67} politicians of the new +order. They carried on a government under modern conditions. +Sydenham's work had been done once for all. In spite of ignorance, and +errors, and worse, the parliamentarians had really learned the lessons +of procedure which he had so deftly taught, and they now settled down +to the regular game of Ins and Outs, according to established and +accepted rules. The irreconcilables were gradually tamed as wild +animals are--by hunger first, and then by being fed with sufficient +quantities of the loaves and fishes. Power, office, good permanent +positions, fat salaries, proved strong sedatives of yeasty aspirations +towards vague political ideals. There were still to be grave +difficulties, crises, reactions towards the old order of things; but +the cardinal principle of popular government was finally accepted, and, +ever since 1841, has been in continuous operation, as part and parcel +of the constitution. + +If Canadian politicians had, in the words of the Shorter Catechism, +been left to the freedom of their own will, it is difficult to see how +they could ever have brought about either the union of the jarring +provinces, or established the principles of popular government. It is +not apparent how half a dozen {68} irreconcilable little factions could +have combined to thwart the sullen determination of John Neilson's +French-Canadian party to wreck the Union. There was a crying need for +intervention by a true statesman from without, who, with his eyes +unblinded by local prejudices and passions, could take his stand above +all parties, and, in benevolent despotism, lead them into concerted +action for their own good and the good of the country. Equally clamant +was the need of information and instruction. Sometimes Canadians are +inclined to write the tale of the building of the nation as if that +splendid fabric were all the work of their own hands, as if 'our own +arm had brought salvation unto us.' This is manifest fallacy. Without +a Durham to diagnose the malady and a Sydenham to apply the remedy, the +condition of the body politic must have been past cure. At least, no +other physicians could avail. Now, it was a matter of treatment and +careful nursing, and being instructed, we were capable of following the +doctor's orders. + +The Reform leaders were very unlike each other in character and +antecedents. Robert Baldwin was the son of William Warren Baldwin, +whose father (also a Robert Baldwin) {69} belonged to the humbler class +of landed gentry in Ireland. Tempted, like so many others of his +class, by the bait of cheap land, he came to Canada to 'farm.' His son +William studied medicine at Edinburgh, became a doctor, and, with Irish +powers of adaptation, soon exchanged physic for the more profitable +pursuit of law. Robert the grandson was born in York (now Toronto) in +1804. He became one of 'Johnny' Strachan's pupils at the Grammar +School, achieving in time the distinction of being 'head boy'; after +which he studied law in the old, leisurely, articled-clerk system, and +finally became his father's partner. An opportune legacy enabled his +father to buy a large property outside 'muddy York,' on which, in +accordance with hereditary landholding instinct, he endeavoured to +establish his family, after the old-world fashion. A broad +thoroughfare in Toronto preserves the name of Baldwin's ambition, +'Spadina.' + +Like his father, Robert Baldwin was a Moderate Reformer. He entered +public life (1829) in his native town as draftsman of a petition to +George IV in what was known as the Willis affair. In the same year he +was elected to the Assembly as member for York. {70} Unseated on a +technicality, he was at once re-elected, and took his seat in the House +the following year. In the new elections, however, following the +demise of George IV in 1830, when the House was dissolved, Baldwin was +defeated. He had recently entered into partnership with his wife's +brother, who was also his own cousin, Robert Baldwin Sullivan, a +handsome Irishman with more than a touch of Irish brilliancy. Sullivan +played no small part in the politics of the time. He is the author of +the wittiest pamphlet ever evoked by Canadian party struggles. + +Another young Irishman with whom Baldwin became closely associated was +Francis Hincks, who also left his mark on the history of Canada. The +son of a Presbyterian minister, he had received a good general +education, and a sound and extensive business training in Belfast. +Coming to Toronto by way of the West Indies, he became interested in +various local business concerns and speedily proved his outstanding +capacity for all matters of commerce and finance. Besides being the +manager of a bank and the secretary of an insurance company, Hincks +carried on at his house in Yonge Street, next door to Robert Baldwin's +(number 21), a {71} general warehousing business; and, as if these +enterprises did not afford sufficient scope for his energy, he launched +a weekly newspaper, the _Examiner_, in the interests of Reform. The +successful man of business soon became the expert in finance, to whom +all eyes turned in difficulty. In 1833 he was appointed one of the +inspectors of the Welland Canal accounts in a parliamentary +investigation, so swiftly had he come to the front. Though much unlike +in temperament, he and Baldwin were agreed in their views of political +reform, siding with the Moderates as against the Mackenzie faction of +extremists. When in 1836 the Constitutional Reform Society of Upper +Canada was organized, with William Warren Baldwin as president, Hincks +became the secretary. The main objects of this society were to secure +'responsible advisers to the governor,' and the abolition of the +forty-four rectories established by Sir John Colborne in accordance +with the well-known provisions of the Constitutional Act. The success +of any organization often depends on one man, the secretary, and in +this capacity Hincks evinced his wonted ability and extraordinary +energy. + +These two men, Robert Baldwin, with his {72} high principle and solid +character, and Francis Hincks, with his talent for affairs, are figures +of prime importance in this critical stage of the experiment called +responsible government. + +But the new province of Canada, as a union of French and English +populations, demanded, as a natural consequence, a union in leadership. +The French-Canadian politician, who in his own province represented +Moderate Reform, was Louis Hippolyte LaFontaine. His grandfather had +been a member of the old Assembly of Lower Canada; his father was a +farmer at Boucherville in Chambly, where Louis Hippolyte was born in +1804. Educated at the college of Montreal, he afterwards studied law +and began to practise in that city. In 1830 he was elected member for +Terrebonne, and soon showed himself in the House to be a thoroughgoing +follower of Papineau and an agitator for radical change. But when +reform passed over into rebellion and an appeal to armed force, he +tried to dissuade his compatriots from their mad enterprise, and also +approached the governor, Lord Gosford, with a proposal to assemble +parliament, in order to prevent further violence. He then went to +England, from {73} motives which do not seem clear. Fearing arrest in +that country for his share in the agitation before the rebellion, he +fled to France. He did not, in fact, return to Canada until May 1838, +when he was caught in the widespread net of arrests and spent several +painful and indignant months in the Montreal jail, demanding release, +but in vain. Incarceration for a political offence is a rare event in +the career of a chief justice and an English baronet, as this prisoner +was to be later. Arrested on suspicion, he was released without trial. +On the tragic collapse of the extremists LaFontaine became the hope of +the moderate men among the French-Canadian politicians. Like the most +of his compatriots, he was strongly opposed to the union of the +Canadas, as threatening the extinction of his nationality; but seeing +no possible alternative to union, he made it his fixed policy to win, +by constitutional methods, whatever could be won for his people. In +appearance he was strikingly like the first Napoleon, the resemblance +being noticed by the old soldiers when he visited the Hotel des +Invalides at Paris. A contemporary cartoon, representing him flinging +money to the habitants, shows the likeness, even to the {74} lock of +hair on the forehead, more plainly than his portrait. His few years of +leadership in parliament, though of great importance to the country, +formed only an episode in a larger legal career. + +In the elections of 1841 LaFontaine was defeated; it is said, by +illegal methods. Baldwin was returned for two constituencies, York and +Hastings, and Hincks for Oxford, on the strength of his articles in the +_Examiner_. Bitterly disappointed as LaFontaine was at his defeat and +the means by which it was accomplished, he could see no hope of redress +except by constitutional means. For the present he could do no more +than protest angrily at the injustice. He was, however, not long +excluded from the House. Through the good offices of Baldwin he was +elected for the fourth riding of York, an act of courtesy and common +sense which was not to lose its reward. + +Such was the posture of affairs when Sydenham died. + +[Illustration: Sir Charles Bagot. From an engraving in the Dominion +Archives.] + +The next governor-general of Canada was Sir Charles Bagot, the Tory +nominee of the now Tory government of Great Britain. Bagot's familiar +portrait in the full insignia of the Order of the Bath shows us the +{75} handsome, thoroughbred face of a typical English gentleman. +Although Queen Victoria doubted his ability for the post, her distrust +was unfounded. Bagot was a man of broad experience and calm wisdom. +He possessed poise and real kindness of heart, as well as real +courtesy; but he seems also to have been too sensitive to criticism and +to opposition. He reached Kingston, the seat of his government, in +January 1842. Visits to the various centres of Canada, according to +the practice of his predecessors, soon gave him an understanding of +popular opinion and feeling; and, although he was expected by the +extreme Conservatives to bring back the old, halcyon, _ante bellum_ +days, he was most careful to follow the lines of Sydenham's policy. +Towards the French he was amiable and conciliatory and made several +appointments of French Canadians to positions of trust and emolument. +Ever ready to meet courtesy half-way, the French gave their new +governor their entire confidence. + +During the eight months before parliament should reassemble Bagot +wisely set about learning for himself the actual conditions of his new +government. Like Sydenham, he was to act as his own prime minister, +and {76} his initial difficulty was in forming a suitable Cabinet to +act with him. He offered Hincks the post of inspector-general, +corresponding in effect to minister of Finance, and Hincks accepted it. +He offered the post of solicitor-general to Richard Cartwright +(grandfather of the Sir Richard Cartwright of a later day), who refused +it because Hincks was in the Cabinet. The position was finally filled +by Henry Sherwood, who was, like Cartwright, a Conservative. To +LaFontaine the governor offered the attorney-generalship in the most +courteous terms, but, for a number of reasons, LaFontaine declined to +accept it. Bagot's plan was to form a coalition government, which +should embrace all interests; but the Reformers refused to take their +place in a Cabinet which contained men of the opposite party. So +William Henry Draper, who had acted under Sydenham, continued as leader +of a composite Cabinet under Bagot. + +The House met at Kingston on September 8, 1842. In the game of Ins and +Outs the debate on the Address is recognized as a trial of strength, as +a method of ascertaining which party is in a majority. It was found +that the Draper government did not command the confidence of the House; +and, after a spirited {77} fight, Draper resigned and made way for a +new ministry, led by LaFontaine and Baldwin. The principle involved, +which seems now the merest common sense, was then scouted as government +'by dint of miserable majorities.' Sullivan was the senior member in +the new ministry, though it is known by the names of its leaders. It +included Hincks and five other members of the previous Cabinet. + +In accordance with another rule of the political game the new ministers +had to seek re-election. LaFontaine was peaceably returned for his +'pocket borough,' the fourth riding of York, but the candidacy of +Baldwin for Hastings had another issue. In those good old days of open +voting an election was no such tame affair as walking into a booth and +marking a cross on a piece of paper opposite a name. An election +lasted for days or even weeks. There was only one polling-place for +the district, and an election was rarely held without an election row. +It seems impossible that it is of Canada one reads: 'A number of +shanty-men having no votes were hired by Mr Baldwin's party to create a +disturbance. They did so and ill-treated Mr Murney's supporters. The +latter, however, {78} rallied and drove their dastardly assailants from +the field. Two companies of the 23rd Regiment were sent from Kingston +to keep the peace, and polling was most unjustly discontinued for one +day.' Free fights between bands of rival voters armed with clubs, +swords, and firearms, injuries from which men were not expected to +recover, order restored by the intervention of the military--these were +no unusual incidents in an old-time Canadian election. The contest in +Hastings was of this description, and Baldwin was defeated. He stood +for election in the second riding of York, and he was again defeated. +Finally LaFontaine did for him what he had done for LaFontaine. The +French member for Rimouski resigned his seat, and Baldwin was returned +for it in January 1843. The French leader and the English leader had +thus given unmistakable proofs of their sincere desire to be friends +and to work together for the common weal. French and English were +found at last working in harmony, side by side. They had formed the +first colonial ministry on the approved constitutional model. + +The new idea was fiercely assailed. To the British colonial partisan +of that day it {79} seemed the height of absurdity to entrust the +government of the country to men who had done their best to wreck that +government but a few years before. The Tories would have been more +than human if they were not exasperated to see actual rebels like +Girouard, who fought with rebels at St Eustache, offered a position in +the Cabinet. They could not, as yet, accept the hard saying of +Macaulay: 'There is only one cure for the evils which newly-acquired +freedom produces, and that cure is freedom.' How would they have +regarded Britain's three years' war with the Dutch republics of South +Africa and the entrusting of them immediately afterwards to the Boers +and General Louis Botha? For accepting the principle of popular +government, that the majority must rule, Bagot was assailed with an +inhuman vehemence, which astounds the reader of the present day by its +venom and its indecency. Because the governor was a just man and +loyally followed constitutional usage, he was abused as a fool and a +traitor not only in the colony but in England. It is small wonder that +his health began to give way under the strain. + +That historical first session of 1842 was {80} very short; it lasted +only a month. Nor could it be said to have accomplished very much in +the way of actual legislation. The criticism of the opposition press +was not ill-founded--that there was much cry and little wool. That the +criticism was made at all shows how much was expected from the +establishment of a principle. Mankind has a pathetic faith in the +efficacy of political machinery, remade or remodelled, to grind out +happiness and bring in the Age of Gold. None the less, a great +political principle had been affirmed, and had been seen in triumphant +action. The new constitution was at last set on its legs, and, at +last, it really did begin to 'march.' + +Shortly after the session closed Bagot's administration came to an end. +The governor was no longer young, and the factious opposition in the +colony and the want of support in England wrought upon his health and +spirits. The oncoming of the bitter Canadian winter tried severely the +shaken man. On medical advice he resigned his post, but when his +resignation was accepted he was too ill to travel. He too died at +'Alwington,' Kingston, on May 30, 1843; but the voice of rancorous +detraction was not hushed around {81} his death-bed. 'Imbecile' and +'slave' were among the milder terms of abuse. Bagot was the second +governor in swift succession to render up his life in the discharge of +his duty. And he was not the last. It was as if some blight or curse +rested on the office which made it fatal to the holder. The Canadian +treatment of Bagot, a high-minded gentleman who honestly performed a +thankless task, should make every Canadian hang his head. + +Bagot's successor was Sir Charles Metcalfe. He arrived at Kingston +from the American side on March 29, 1843, in a close-bodied sleigh +drawn by four greys. His experience must have been novel since he +landed at Boston and posted overland to reach the capital of the +colony. The whole country was still deep in snow and must have +presented the strangest aspect to a man who had spent his life in the +tropics. He was received at the foot of Arthur Street by an +enthusiastic concourse of citizens, with appropriate ceremony and show. +'A thorough-looking Englishman with a jolly visage,' as he was +characterized by an eye-witness, he made a favourable first impression +upon the people of his government. + +{82} + +Metcalfe had received his training as a 'writer' in the old East India +Company and must have been a contemporary of Thackeray's Joseph Sedley. +He was born in India, at Lecture House, Calcutta, on January 30, 1785. +Eleven years later he entered Eton, where he at once evinced remarkable +powers of application and a marked distaste for athletic sports, two +traits which would mark him off as an oddity from the herd of English +schoolboys. At the age of sixteen he was back in the land of his +birth. His was a distinguished career. By 1827 he had risen to +membership in the Supreme Council of India. Later he acted as +provisional governor-general, and obtained the Grand Cross of the Bath. +In 1838 he resigned his position and became governor of Jamaica. +Perhaps the most significant incident in his career was his fighting as +a volunteer in the storming of Deeg, on Christmas Day 1804. The +courage which sends a civilian into a desperate hand-to-hand fight, to +which he is not obliged to go, must be above proof. Metcalfe had no +pecuniary interest in his position. He was a wealthy man, who spent +far more than his official salary in the various ways a +governor-general {83} is expected to bestow largesse. His 'jolly +visage' bore the marks of a cruel and incurable disease. He is still +remembered in India as the author of the bill which established the +freedom of the press. The historian Macaulay calls him 'the ablest +civil servant I ever knew in India.' Durham, Sydenham, Bagot, +Metcalfe--Britain had few more distinguished or more able servants of +the state; and they devoted all their powers, without a thought of the +cost to themselves, to solving a vital problem in the maintenance of +the Empire. Their more obvious rewards were obloquy and death. + +[Illustration: Sir Charles Metcalfe. After a painting by Bradish] + +The misfortune of Metcalfe was that his entire political training had +been gained in governing subject races, Hindus in India and negroes in +Jamaica, races 'so accustomed to be trampled on by the strong that they +always consider humanity as a sign of weakness.' Now old, and fixed in +his mental set, autocratic as an Indian civil servant must be, he came +to deal with a rude, unlicked, white democracy, impatient of control as +Durham discovered, and acutely jealous of its rights. In theory +Metcalfe should have been most sympathetic, for in English politics he +was an advanced Whig, strongly in favour of such {84} popular measures +as abolition of the Corn Laws, vote by ballot, the extension of the +franchise. Besides, he was honestly desirous of playing the +peacemaker. None the less, his administration was marked by a reaction +towards the old Tory state of affairs, and produced a ministerial +crisis which threatened to bring back the reign of Chaos and old Night. + +The primal difficulty lay in the governor's mental attitude. He saw +with perfect clearness what had already been done. Durham had +enunciated a theory, which Sydenham had put into effect by being his +own minister, and Bagot had followed resolutely in Sydenham's +footsteps. The group of colonial officials known as the Executive +Council had in the meantime tasted power. They now ventured to speak +of themselves as 'ministers,' as a 'cabinet,' as the 'government,' as +the 'administration'; and these terms, with their corollaries and +implications, had met with general acceptance. But Metcalfe considered +them inadmissible, as limiting too much the power of the governor, and, +as a consequence, the authority he represented. He was determined not +to be a mere figurehead on the ship of state; he would {85} be captain, +in undisputed command. Theoretically, if he were to be guided solely +by the advice of the local ministry, he would be 'responsible' to them +instead of to his sovereign; his office would be a nullity, and the +difference between a colony and an independent state would have +disappeared. Theoretically Metcalfe and the Tory pamphleteers who +supported him were right in their contentions. Complete freedom to +manage its own affairs should, if logic were strictly followed, +separate the colony from the mother country; but the British genius for +compromise has met the difficulty in a thoroughly British way by +avoiding any precise and rigid definition of the relations existing +between the mother country and the daughter state. That 'mere +sentiment' should hold the two more firmly together than the most +deftly worded treaty or legal enactment is proved to the world in these +later days by the sacrifices of Canada to the common cause during the +Great War. But there was little reason for holding this belief in the +forties of the nineteenth century. Conflict between a masterful +governor like Metcalfe, accustomed to the old order, and political +leaders like Baldwin and LaFontaine, trying to {86} bring in a new +order, was inevitable; their modes of thought were diametrically +opposed; the only question was when the clash should come. + +The third session of the first parliament of Canada opened towards the +end of September 1843. In an Assembly of eighty-four members the party +of Reform numbered sixty, an overwhelming majority; for the +_rapprochement_ between the sympathetic parties of the two provinces +was now complete. The leader of the opposition was Sir Allan MacNab of +_Caroline_ fame, a typical soldier-politician, narrow but honest in his +views, and, like his countryman Alan Breck, a 'bonny fighter.' It was +a momentous session. Reform was firmly in the saddle at last. No +opposition could hope to defeat whatever measure the government might +choose to bring forward. Nor could the government be reproached, as +before, with merely talking and doing nothing. Much legislation of the +first importance stands to its credit. One of the measures passed at +this session provided that the seat of government should be removed +from Kingston to the commercial metropolis, Montreal. For how short a +time Montreal should have this honour, none could imagine {87} or +foresee. By another wise measure placemen were removed from the +Assembly; that is to say, permanent officials, such as judges and +registrars, could not hold their positions and be members of +parliament. For this important change LaFontaine was responsible, as +well as for another bill which simplified the judicial system of Lower +Canada. An attempt was made to bridle the turbulence of Irish +factions, which had brought to Canada the long-standing, cankered +quarrels of the Old World. A bill was passed to suppress all secret +societies except the Freemasons. It was, of course, aimed straight at +the Orange Society, that vigorous politico-religious organization which +preserves the memory of a Dutch prince and of a battle he fought in the +seventeenth century. To this bill Metcalfe did not assent, but +'reserved' it, as was his undoubted right, for the royal sanction. In +the end that sanction was not given, and the Act did not become law. +The 'reserving' of this bill seems to have occasioned little comment; +but, as will be seen in a subsequent chapter, the refusal of another +governor to 'reserve' another bill caused a storm. Hincks, the man of +finance, gave the country 'protection' against the {88} competition of +the American farmer, a political device which was destined to much +wider use. The all-important matter of education received the +attention of the Assembly. What had been done before was, most +significantly, to make provision for higher education by establishing +'grammar schools' in the different districts, as foundations for the +superstructure of a university. It might have been called a provision +for aristocratic education. Now a measure became law for the better +support of the common schools. This was provision for democratic +education, a necessary corollary to popular government, for if Demos is +to rule, Demos cannot be left in ignorance; the peril of an ignorant +ruler is too frightful. + +Then came the difficult problem of the provincial university. It is +interesting to note how the educational history of one Canadian +province is repeated in another. In Nova Scotia, King's College was +founded by the exiled Loyalists from the United States towards the end +of the eighteenth century. It was the child of the Church of England. +The first bishop of Nova Scotia secured for it the support of the +provincial Assembly. Naturally, it was modelled on the {89} great +English university of Oxford, and, like the Oxford of that day, was +designed solely for the education of those within the pale of the +national church. But this provincial university, which has the honour +of being the oldest in the British dominions overseas, was supported by +public funds partly contributed by 'dissenters,' whose creed excluded +them from it. Only at the price of their religious principles could +the 'dissenters' of Nova Scotia obtain the boon of higher education. +Therefore they set to work to found an independent 'academy' of their +own. In Upper Canada events marched down the same road. There, +another privileged 'King's College,' exclusively Anglican, was founded +early in the nineteenth century, and richly endowed with public lands. +The excluded 'dissenters' set about founding colleges of their own; and +thus Queen's College and Victoria College took their rise. Robert +Baldwin had the vision of a comprehensive state university, on a broad +non-denominational basis, in which all these colleges should be +component parts. He brought in a bill to found the University of +Toronto, a measure on which time has set its approving seal. The many +stately buildings which adorn {90} Queen's Park, the long distinguished +roll of graduates, the noble group of affiliated colleges, Knox, St +Michael's, Trinity, Wycliffe, Victoria, attest the wisdom of Baldwin's +far-seeing measure. Bishop Strachan, the doughty Aberdonian champion +of Anglican rights and privileges, led a crusade against this 'godless +institution' and raised the cry of spoliation. The echoes of that +wordy warfare have even now hardly died away. Having failed to prevent +the founding of Toronto, the indefatigable bishop founded a new +Anglican university, Trinity, which in the fullness of time was merged +in the great provincial university. But this is to anticipate. +Baldwin's bill had reached its second reading, when the ministry blew +up. + +In the end of November the inevitable clash occurred. Metcalfe was no +believer in responsible government as understood by the Reformers; and +he was determined to uphold the prerogative of the Crown. For one +thing, he was not going to surrender the right of appointment. He had +made several appointments without consulting his ministers. When, on +his own authority, he appointed a clerk of the peace, they determined +to make it a test case. They considered that, by {91} ignoring them, +he had violated an important constitutional principle; and when they +were unable to convince him cf this in a personal conference, they +resigned in a body (with a single exception) on November 26, 1843. +This produced what is known as the Metcalfe Crisis. In a formal +statement before the House the Reformers took the ground that they +could not be 'responsible' for appointments made without their +knowledge. The governor was to act on their advice; but he had acted +without giving them a chance to advise him. Metcalfe, on the other +hand, maintained that the Reformers wanted him to surrender the +patronage of the Crown 'for the purchase of parliamentary support.' He +opposed patronage for party purposes. Let the long history of +political appointments since that day, of patronage committees, attest +that the governor was partly in the right. The formal statements of +both sides in the dispute were at once made public and produced a +popular furore, second in intensity only to that which had led up to +and attended the rebellion. Sydenham's confidence that his work could +not be undone by any successor seemed for a time ill-founded. + +The resignation of the ministry was only {92} the opening gun in a +political campaign, the object of which was to drive the governor from +office. On laying the reasons for their action before the House the +ministry received an enthusiastic vote of confidence; but their +resignation took effect, and on the ninth of December the Assembly was +prorogued. Both parties then set the battle in array against the +coming election. An agitation of almost unparalleled violence began. +Public meetings, banquets, speeches, pamphlets, newspapers, all +contributed not so much to agitate as to convulse the country. For all +his easy manner Metcalfe was an indomitable fighter, and into this, his +last fight, he threw himself with an amazing energy. And he did not +have to fight alone. There was no little dislike for the +LaFontaine-Baldwin Cabinet and no slight exultation when it was +supposed to be 'dismissed' by a loyal and manly governor. There is no +doubt that in this struggle Metcalfe overstepped the metes and bounds +within which a colonial governor could rightly act. He abandoned any +attitude of official impartiality. He espoused the cause of one party, +and used his great influence to aid that party to power. In the +meantime he had no executive, or an executive of one; and all {93} +through the summer of 1844 he was tireless in his efforts to persuade +men of standing to accept office under Draper. The crux of the +situation was to obtain French-Canadian support for an English Tory +governor. One prominent Frenchman after another was 'approached,' but +without success. Finally Metcalfe managed to scrape together a +ministry which included such noted French Canadians as 'Beau' Viger and +D. B. Papineau, a brother of the leader of '37. Then, having dissolved +the Assembly, the governor issued writs for a new election. That +election in the autumn of 1844 was attended with great riot and +disorder. Both sides resorted to violence. When the House assembled, +it was found that Metcalfe and the Tories had triumphed. The Reformers +were in the minority. While Lower Canada had returned LaFontaine with +a strong following, the western province had sent a phalanx to support +the governor. Among the other curiosities of this remarkable election +was the defeat of Viger by Wolfred Nelson, lately in arms against Her +Majesty's government. In this contest a young lawyer of Scottish +descent carried Kingston for the Tories. He was destined to go far. +His name was John Alexander Macdonald. + +{94} + +Metcalfe had triumphed, but he held power by a very narrow majority; +the parties stood forty-six to thirty-eight. In the usual trial of +strength--the election of a Speaker--Sir Allan MacNab was chosen by a +majority of only three votes. And yet Draper, that expert balancer on +the tight rope, managed to carry on a government under these conditions +for three full years. Perceiving that he must secure the support of +the French if his party was to survive at all, he adroitly brought in +favourite Reform measures as if they were his own, thus cutting the +ground from under his opponents' feet. For example, English had been +made the sole official language of the legislature. Now, the astute +party leader managed to get this obnoxious clause in the Act of Union +repealed. He even went further and endeavoured to win over the +French-Canadian party wholesale by offering desirable positions; but in +this intrigue he failed. + +In the meantime the Act appointing a new capital had come into effect. +Kingston gave place to Montreal, for a season. The huge Ste Anne's +market building in the west of the city was turned into a parliament +house, destined to the fate of Troy. Here was held {95} the session of +1844-45. Such legislation as was passed had no direct bearing on the +question of responsible government. Before the session ended news came +that the home government intended to raise the governor to the peerage +as Baron Metcalfe of Fern Hill. His brief two years in Canada formed +only an episode in the long career of a distinguished public servant. +He had made his name and spent his life in India. The contemplated +honour was well deserved; and it was designed by the home government as +recognition of his services to the state as a whole, rather than as +special approval of his administration of Canada. But so the Reformers +construed Metcalfe's elevation; and they were furious. Even the +moderate Baldwin was betrayed into unwonted vehemence. What would have +happened, if Metcalfe had remained in office, none can tell. Perhaps a +second civil war. But 'death cut the inextricable knot.' His deadly +disease returned after a delusive interval, as is its hideous custom. +His health failed; the cancer ate into his eye and destroyed the sight. +It was apparent that he could no longer perform the duties of his +office. He asked to be recalled; but the authorities at {96} home, +knowing of his malady, had anticipated his desire. The courage that +sent the boy 'writer' into the deadly assault on Deeg sustained the old +proconsul through the slow torture of the months of life remaining to +him. He quitted Canada in November 1845, a dying man, and, to the +shame of Canada, amid the untimely exultation of his political +opponents. In less than a year he was dead. Macaulay composed his +epitaph. Metcalfe was a man of mark; and he had his share in building +up the British Empire. His name distinguishes a street in Ottawa and a +hall in Calcutta; and his statue stands in the former capital of +Jamaica. + + + + +{97} + +CHAPTER IV + +THE GREAT ADMINISTRATION + +On Metcalfe's departure from Canada the administration passed into the +hands of Lord Cathcart, commander-in-chief of the forces. He was one +of the many fine soldiers who have had their part in the upbuilding of +Canada and whose services have received the very slightest recognition. +Of an ancient Scottish family, he had fought in the great Napoleonic +wars from Maida to Waterloo, where he had greatly distinguished +himself. After the peace he had turned his attention to the study of +natural science, and he had made some important contributions to +mineralogy. Cathcart held office from November 26, 1845, until January +30, 1847, some fourteen months. He wisely left Canadian politics to +Canadian politicians, and merely watched the machinery revolve. At +first he was merely administrator, but, on danger threatening from the +unsettled dispute over {98} the Oregon boundary, he was raised to the +rank of governor-general. + +[Illustration: Charles, Earl Grey. From the painting by Sir Thomas +Lawrence] + +His successor was also a Scot, James Bruce, Earl of Elgin and +Kincardine, directly descended from the patriot king Robert the Bruce. +His father was the British ambassador who salvaged the 'Elgin marbles' +from the Parthenon and sold them to the nation, thus drawing down upon +himself the angry satire of Byron in 'The Curse of Minerva' and 'Childe +Harold's Pilgrimage.' The new governor-general was young, poor, and +able. Far more than his predecessors, he had enjoyed the advantages of +a regular education. At Eton he had Gladstone for a school-mate, and +at Oxford he was in the same college with Dalhousie, the future +governor-general of India. He was also distinguished in two ways: he +was a sincere Christian of the devout evangelical type, and he had a +gift of speech that would have been remarkable in any man, but was +remarkable most of all in a high official of a rather tongue-tied race. +His native gift of eloquence was carefully cultivated and proved to be +of great value in many points in his public career. His family ties +are interesting. His first wife, a Miss Bruce, met a tragic fate. The +vessel in which {99} she accompanied her husband to the West Indies was +wrecked on the voyage out; she never recovered from the shock and +exposure, and died not long after. His second wife was a daughter of +Lord Durham and a niece of Earl Grey, who was, in 1845, colonial +secretary, and to whose influence Elgin owed his appointment as +governor-general. He was thoroughly well qualified for the post. At +the same time it was a way of providing for a relative who was not +rich. Like Metcalfe, Lord Elgin came to Canada by way of Jamaica, +which he had administered in the dark days that followed the +emancipation of the slaves. His broad training, his Liberal politics, +his family affiliations all predisposed him to accept the role which +Metcalfe had definitely refused, the role, namely, of a constitutional +governor-general, guided solely by the advice of a ministry +representing the majority in parliament. In other words, Elgin had his +mind made up to conform entirely to the principle of responsible +government as understood in the colony. He was not long in the country +before he made his intentions public; and to his fixed policy he +adhered through good report and through evil report, at no small cost +to himself, for {100} never were a Canadian governor-general's +principles put to a more severe test. + +Elgin reached Montreal in the end of January 1847, and was heartily +welcomed by both political parties. He, on his part, was ready to +admire the 'perfectly independent inhabitants' of this 'glorious +country,' whose demeanour was certainly not that of the recently +liberated slaves in his former satrapy. The 'independent inhabitants' +voted him 'democratic' for walking out to 'Monklands' in a blizzard, +when hardly any one else was stirring abroad. He was made welcome for +another reason. The experiment of popular government was not working +particularly well. The constitution did really 'march,' but with +ominous creakings and groanings, which seemed to threaten a complete +break-down. This must be the case with every government which tried to +perform its functions with but a small majority at its back. The +unanimous welcome accorded to the governor-general by both sides of +politics implied a belief that somehow or other he could find a way out +of the present difficulties and induce the governmental machine to work +smoothly. It was a faith in the efficacy of the god from the machine. +{101} The Draper government was growing weaker and weaker, being +continually defeated in the House, and consequently discredited before +the country. Its difficulties were increased by events outside of +Canada over which the government could have no control. The hideous +Irish famine of 1846-47 had its reaction upon Canada, for thousands of +starving emigrants tried to escape to the new land, and, after enduring +the long-drawn horrors of the middle passage, reached Canada only to +die like plague-stricken sheep of fever and sheer misery. The monument +at Grosse Isle does not tell half the shame and suffering of that +tragic time. And the Draper government showed no ability to cope with +the problem. At length, in December 1847, Lord Elgin dissolved the +House and a new election took place. It resulted in a complete victory +at the polls for the party of Reform. The leaders, Baldwin, +LaFontaine, and Hincks, were all returned. Only a handful of the other +party came back; but among them were Sir Allan MacNab and the young +Kingston lawyer, John A. Macdonald. + +The new House met on February 25, 1848. In the trial of strength over +the Speakership the Reformers won. Sir Allan MacNab was {102} again +the nominee of the Tories; Baldwin nominated his friend, Morin, who had +command of both French and English, a necessary qualification for the +presiding officer of a bilingual parliament. And Morin was chosen +Speaker by a large majority. In accordance with the rules the remnant +of the Draper ministry resigned, and LaFontaine and Baldwin formed a +new Cabinet. This is known in Canadian history as the 'Great +Administration,' which lasted until the retirement in 1851 of both the +noted leaders from public life. The distinction is well deserved, not +only on account of the high character of the leaders, and the value of +the political principles affirmed and put in practice, but also on +account of the permanent value of the legislative programme which it +carried to successful completion. The ensuing session was very short; +for time was needed to prepare the various important measures which the +Reformers intended to bring forward. The troubled year of European +revolution, 1848, was rather colourless in the annals of Canada; not so +the year which followed. + +The eventful session of 1849 opened on the eighteenth of January, in a +parliament building improvised out of St Anne's market near {103} what +is now Place d'Youville, Montreal. The Speech from the Throne +announces a programme of the more important measures to be brought +before parliament. In this case the Speech was a promise to deal with +such vital matters as electoral reform, the University of Toronto, the +improvement of the judicial system, and the completion of the St +Lawrence canals. It also contained two announcements most gratifying +to the French: first, that amnesty was to be offered to all political +offenders implicated in the troubles of '37-'38; and second, that the +clause in the Act of Union which made English the sole official +language had been repealed. The governor-general displayed his tact +and his goodwill by reading the Speech in French as well as in English, +a custom which has continued ever since. + +A striking incident in the opening debate on the Address was the +passage at arms between LaFontaine and Papineau, between the new and +the old leader of French-Canadian political opinion. In '37 Papineau +had roused his countrymen to armed resistance of the government; but he +had wisely refrained from placing himself at the head of the +insurgents. Together with his secretary, {104} O'Callaghan, he had +witnessed the fight at St Denis from the other side of the river, but +took no part in it. He had afterwards reached the American border in +safety. From the United States he had passed over to France, where he +had consorted with some of the advanced thinkers of the capital. In +1843 LaFontaine, by his personal exertions with Metcalfe, was able to +gain for his exiled chief the privilege of returning without penalty to +his native land. Papineau, however, did not avail himself of the +privilege until four years later; he found life in Paris quite to his +taste. A curious result of his return, a pardoned rebel, was his +claiming and receiving from the provincial treasury the nine years' +arrearage of salary due to him as Speaker in the old Assembly of Lower +Canada. In the elections of 1847 he stood for St Maurice, and he was +elected. In the new parliament he took the role of irreconcilable; his +whole policy was obstruction. What he could not realize was, that +during his ten years of absence the whole country had moved away from +the position it had occupied before the outbreak of the rebellion; and, +in moving away, it had left him hopelessly behind. His only programme +was {105} uncompromising opposition to the government which had +forgiven him, and the vague dream of founding an independent French +republic on the banks of the St Lawrence. In the brief session of 1848 +he attempted, but without success, to block the wheels of government. +Now, in the second session, the fateful session of 1849, he delivered +one of his old-time reckless philippics denouncing the tyrannical +British power, the Act of Union--the very measure he was supposed to +have battled for--responsible government, and, above all, those of his +own race who supported the new order. LaFontaine took up the gauntlet. +His retort was as obvious as it was crushing. If the French Canadians +had refused to come in under the Act of Union, they would have been +depriving themselves of any share whatever in the government of their +country. If they had refused to come in, Papineau would not have been +permitted to return, or to sit once more as a legislator and a free man +in the national parliament. The reply was unanswerable, and it put a +period to the influence of Papineau. Foiled and discredited, the old +leader was never again to sway the masses of his countrymen as the moon +sways the tides. His day was done. None the less, {106} the prestige +of his name drew after him a small following of the younger and more +ardent men to whom he taught the pure Radical doctrine. In _L'Avenir_, +the propagandist journal which he founded, he preached repeal of the +Union and annexation to the United States. Before long he abandoned an +arena in which he was no longer the great central figure for dignified +seclusion on his seigneury of Montebello beside the noble Ottawa. + +In spite of all blind opposition a broad and enlightened programme of +legislation was carried out. Nearly two hundred measures, many of +prime importance, stand to the credit of this busy session. The vexed +question of a provincial university was finally settled. Baldwin's +bill for the founding of the University of Toronto, which had been laid +to one side by the Metcalfe crisis, was taken up again and carried +through all its stages to the status of a law. Conceived as the apex +and crown of a comprehensive scheme of education as broad as the +province, the University of Toronto more than met the hopes of its +founder. A straight road had been devised from the first class in the +common school to the highest department of collegiate instruction. The +needs of the {107} democracy had not been neglected, but wise and ample +provision had been made for the ambitious and aspiring few. How +completely the university has justified its existence is attested by +the spectacle of both political parties competing with each other in +their benevolence towards an honoured, national foundation. By the +multiplying generations of Toronto graduates the name of Robert Baldwin +should be held in high esteem as of the man who made possible the seat +of learning they are so proud to name their _alma mater_. + +Another wise measure for which Baldwin deserves no little praise is the +Municipal Corporations Act. The title has a dry, legal look, and will +suggest little or nothing to the general reader except, possibly, red +tape. Moreover, the system by which the subdivisions of the +country--the county, the township, the incorporated village--govern +themselves seems so obvious and works so smoothly in actual practice +that it seems part of the order of nature, and must have existed from +the time beyond which the memory of man runneth not to the contrary. +But the present extended system of home rule in Canada did not descend +from heaven complete, like the {108} Twelve Tables. It was a gradual +growth, or evolution, from the old system, by which the local justices +of the peace, sitting in quarter sessions, assessed the local taxes, +with the difference that it was not an unconscious growth. The plant +set by Sydenham's hand was tended, cultivated, and brought to maturity +by Baldwin. The measure, as it became law in 1849, has proved to be of +the greatest practical value; it has won the approval of competent +critics; and it has served as a model for the organization of other +provinces. Commonplace and humdrum as this measure may seem to +Canadians in the actual domestic working of it, there are other parts +of the Empire--Ireland, for example--which were to lag long behind. +The lack of such privileges is a grievance elsewhere. Even to-day, the +rural districts of England have not as extensive powers of +self-government as the counties of Ontario. If the farmers of the +Tenth Concession had to go to Ottawa and see a bill through the House +every time they wanted a new school, if they had months of waiting for +proper authorization, not to mention expenses of legislation to meet, +they might appreciate more keenly the advantages they enjoy in virtue +of this {109} forgotten Act of 1849. The lover of the picturesque will +not regret that terms with the historic colour of 'reeve' and 'warden' +were made part and parcel of a democratic system in the New World. + +It was a session of constructive statesmanship. The judicial system of +the province needed to be revised, extended, and simplified; and these +things were done. The economic condition of Canada was anything but +satisfactory. For years the country had 'enjoyed a preference' in the +British markets, in accordance with the old, plausible theory that +mother country and colony were best held together by trade arrangements +of mutual advantage, by which the colony should supply the mother +country with raw material and the mother country should supply the +colony with manufactured products. Suddenly all Canada's business was +dislocated by Peel's adoption of free trade in 1846. In consequence +Canada had no longer any advantage in the British market over the rest +of the world, and Canadian timber-merchants and grain-growers had an +undoubted grievance. The general commercial depression, which had set +in at the time of the rebellions, became worse and worse. {110} Lord +Elgin's often-quoted words picture the deplorable state of the country: +'Property in most of the Canadian towns, and more especially in the +capital, has fallen fifty per cent in value within the last three +years. Three-fourths of the commercial men are bankrupt, owing to free +trade; a large proportion of the exportable produce of Canada is +obliged to seek a market in the United States. It pays a duty of +twenty per cent on the frontier. How long can such a state of things +be expected to endure?' For a remedy the active mind of Hincks turned +to the obvious alternative of the British market, the natural market +just across the line; and he opened up negotiations with the United +States looking towards reciprocal trade. He could scarcely obtain a +hearing. The way was blocked by the complete indifference of the +United States Senate towards the whole project. Not until five years +later did relief come; and it came through the initiative and personal +diplomacy of Lord Elgin. To him belongs the credit for the famous +Reciprocity Treaty of 1854. This signifies that for the twelve years +during which the treaty was in force the artificial barriers to the +currents of trade between {111} adjacent countries were, to a large +extent, removed, certainly to the great advantage of all British North +America. It was a unique period in Canadian history. Never before had +the trade relations between Canada and the United States been so +friendly, and never have they been so friendly since. + +In another great enterprise of national importance Hincks was more +successful. The forties of the nineteenth century saw the first great +era of railway building. This novel method of transportation was +perceived to have immense undeveloped possibilities. In Britain, where +steam traction was invented, companies were formed by the score and +lines were projected in every direction. It was a time of wild +speculation, in which emerged for the first time the new type of +company promoter. From England the rage for railways spread to the +Continent and to America. While Hincks was working at the problem in +Canada, Howe was working at it in Nova Scotia. To link the East with +the West, Montreal with Toronto, Montreal with the Atlantic seaboard, +Montreal with the Lake Champlain waterways to the southward, was the +general design of the first Canadian railways. It was in this period +that the first {112} sections were built of those Canadian lines which, +in half a century, have grown into immense systems radiating across the +continent. Hincks's idea was to aid private enterprise by government +guarantees of the interest on half the cost of construction. Canada is +now laced with iron roads from ocean to ocean. The man who laid the +foundation of these immense systems in the day of small beginnings +should never be forgotten. + +So the busy session went on, until a measure was introduced which +aroused a storm of opposition, threatened a renewal of civil war, and +tested the principle of responsible government almost to the breaking +strain. This was the Act of Indemnification, a part of the bitter +aftermath of the rebellion twelve years before. + +War, even on the smallest scale, means the destruction of property. In +the troubles of '37 buildings were burned down in the course of +military operations. For example, good Father Paquin of St Eustache +had long to mourn the loss of his church and the adjoining school. As +it stood on a point of land at the junction of two streams and was +strongly built of stone, it was an excellent {113} place of defence +against the attack of Colborne's troops. On the fatal fourteenth of +December 1837 it was stoutly held by Chenier and his men, until two +British officers broke into the sacristy and overset the stove. Soon +the fire drove the garrison out of the building, which was destroyed +along with the new school-house near by. His parishioners were loyal, +Father Paquin contended in a well-reasoned petition; it was not they +but the discontented people of Grand Brule who had seized the town; yet +the result was ruin. In the affair of Odelltown in 1838 a citizen's +barn was burnt down by orders of the British officer commanding because +it gave shelter to the rebels. Near St Eustache the Swiss adventurer +and leader of the rebels, Amury Girod, took possession of a farm +belonging to a loyal Scottish family. His men cut down the trees about +the farm-house, fortified it rudely, and lived in it at rack and manger +until Colborne came to St Eustache. These were typical cases of loss, +and surely, when order was again restored, they were cases for +compensation. The loyal and the innocent should not have to suffer in +their goods for their innocence and their loyalty. + +{114} + +Claims for compensation were made early. In the very year of the +rebellion the Assembly of Upper Canada passed an Act appointing +commissioners to inquire into the amount of damage done to the property +of loyal citizens; and in the following year it voted a sum of L4000 to +make good the losses. Men were paid for a cow driven off, or for an +old musket commandeered. The Special Council of Lower Canada made +similar provision, as was only natural and right; but its task was much +harder than that of the Assembly's. Clearly, the property of loyalists +destroyed or injured during the civil strife should be made good. This +was mere justice. It was equally clear that the property of open +rebels which had been destroyed or injured should _not_ be made good. +But there was a third category not so easy to deal with. There were +those who were not openly in rebellion, but who were grievously suspect +of sympathy with declared insurgents of their own race and religion. +How far sympathy might have become aid and comfort to opponents of the +government was hard to say. The village of St Eustache, for example, +was set on fire the night following the fight; the troops turned out in +the bitter cold to fight the fire, {115} but did not master it until +some eighty houses were burned. What claim could the owners have upon +the government for their losses? In the winter of 1838 the sky was red +with the flames of burning hamlets, says the _Montreal Herald_. + +The law's delay is proverbial. Compensatory legislation dragged its +slow length along for years, and the loyalists who had suffered in +their pocket saw session after session pass, and their claims still +unsatisfied. In 1840 the Assembly of Upper Canada passed an Act +authorizing the expenditure not of four thousand, but of forty thousand +pounds, to indemnify the loyalists who had lost by the 'troubles.' +However, as the Assembly, at the same time, forbore to provide any +funds for the purpose, the Act remained with the force of a pious wish. +The claimants for compensation were none the better for it. Then came +the union of the Canadas. Five more years rolled away, and, in spite +of the usual siege operations of those who have money claims against a +government, nothing was done. The various barns and cows and muskets +were still a dead loss. Then in 1845 the Tory administration of Draper +put the necessary finishing touch to the quaker act of 1840 by {116} +providing the sum of money required. By drawing on the receipts from +tavern licences collected in Upper Canada over a period of four years, +the government was in the possession of L38,000 for this specific +purpose. But, after the Union, it was manifestly unjust to pay +rebellion losses, as they came to be known, in Upper Canada and not in +Lower Canada. The Reformers of Lower Canada pointed out with emphasis +the manifest injustice of such a proceeding. It therefore became +necessary to extend the scope of the Act. Accordingly, in November +1845, a commission consisting of five persons was appointed to +investigate the claims for 'indemnity for just losses sustained' during +the rebellion in Lower Canada. This commission was instructed to +distinguish between the loyal and the rebellious, but, in making this +vital distinction, they were not to 'be guided by any other description +of evidence than that furnished by the sentences of the courts of law.' +The commission was also given to understand that its investigation was +not to be final. It was to prepare only a 'general estimate' which +would be subject to more particular scrutiny and revision. Appointed +in the end of November 1845, the {117} commission had finished its task +and was ready to report in April 1846. Its 'general estimate' was a +handsome total of more than L240,000; it gave as its opinion that +L100,000 would cover all the 'just losses sustained.' Of the larger +amount, it is said that L25,000 was claimed by those who had actually +been convicted of treason by court-martial. Not unnaturally an outcry +rose at once against taking public money to reward treason. The report +could not very well be acted upon; and the government voted L10,000 to +pay claims in Lower Canada which had been certified before the union of +the provinces. Another delay of three years followed, until LaFontaine +took the matter up in the session of 1849. + +His general idea was simply to continue and complete the legislation +already in force, in order to do justice to those who had 'sustained +just losses' in the 'troubles' of '37 and '38. The bill provided for a +new commission of five, with power to examine witnesses on oath. In +accordance with the finding of the previous commission, the total sum +to be expended was limited to L100,000. If the losses exceeded that +sum, the individual claims were to be proportionally reduced. {118} +The necessary funds were to be raised on twenty-year debentures bearing +interest at six per cent. LaFontaine introduced and explained the +bill, and Baldwin supported it in a brief speech. It was easy enough, +with their unbroken majority, to vote the measure through; but the +storm of opposition it raised might have made less determined leaders +hesitate or draw back. + +[Illustration: Sir Louis H. LaFontaine. After a photograph by Notman] + +The vehemence of the opposition was not due merely to the readiness +with which the faction out of power will seize on the weak aspects of a +question in order to embarrass the government. Such sham-fight tactics +are common enough and may be rated at their proper value. The leaders +of the British party were sincere in their belief that the success of +this measure meant the triumph of the French and the reversal of all +that had been done to hold the colonies for the Empire against rebels +whose avowed purpose was separation. Twelve years had gone by since +they had failed in the overt act. Now Papineau was back in the House, +about to receive his arrears of salary as Speaker. In Elgin's eyes he +was a Guy Fawkes waving flaming brands among all sorts of combustibles. +Mackenzie had been granted amnesty by the monarch {119} he had called +'the bloody Queen of England.' Wolfred Nelson, who had resisted Her +Majesty's forces at St Denis, was to have his claim for damages +considered. It was not in the flesh and blood of politicians to endure +all this; and before condemning the opposition to this bill, as is the +fashion with Canadian historians, we might ask what we should have done +ourselves in such circumstances. What the Tories did was to raise the +war-cry, 'No pay to rebels.' It resounded from one end of the province +to the other and roused to life all the passion that had slumbered +since the rebellion. + +In the debate on the second reading of the bill a scene almost without +parallel took place on the floor of the House. The Tories taunted the +French with being 'aliens and rebels.' Blake, the solicitor-general +for Upper Canada, retorted the charge, and accused the Tories of being +'rebels to their constitution and country.' In a rage Sir Allan MacNab +gave him 'the lie with circumstance,' and the two honourable members +made at each other. Only the prompt intervention of the +sergeant-at-arms prevented actual assault. The two belligerents were +taken into his custody. Some of the excited spectators who {120} +hissed and shouted were also taken into custody; and the debate came to +a sudden end that day. Those were the days of 'the code,' and why a +'meeting' was not 'arranged' and why Sir Allan did not have an +opportunity of using his silver-mounted duelling pistols is not quite +clear. The tempers of our politicians have much improved since that +violent scene occurred. No slur on the word of an honourable +gentleman, no imputation of falsehood, would now be so hotly resented +in our legislative halls. + +The violence and the excitement which prevailed in parliament were +repeated and intensified throughout the country. Everything that could +be effected by public meetings, petitions, protests, was done to +prevent the bill from passing, or, if it passed, to prevent the +governor-general from giving his assent to it, or, as a last resource, +to induce the Queen to disallow the obnoxious measure. The whole +machinery of agitation was set in motion and speeded up, to prevent the +bill becoming law. 'Demonstrations'--in plain English, rows--took +place everywhere. Sedate little Belleville was the scene of fierce +riots. Effigies of Baldwin, Blake, and Mackenzie were paraded through +the streets of Toronto {121} on long poles 'amid the cheers and +exultations of the largest concourse of people beheld in Toronto since +the election of Dunn and Buchanan.' Finally the effigies were burned +in a burlesque _auto-da-fe_. This ancient English custom was a milder +method of expressing political disapproval than the native American +invention of tar-and-feathers; but it seems to have been equally +soothing to the feelings. An outside observer, the _New York Herald_, +expected the disturbance to end in 'a complete and perfect separation +of those provinces from the rule of England'; but in those days +American critics were always expecting separation. + +No clearer mirror of the crisis is to be found than in the words of the +man on whom lay the heaviest responsibility, the governor-general +himself. This is his private opinion of the bill: 'The measure itself +is not free from objection, and I very much regret that an addition +should be made to our debt for such an object at this time. +Nevertheless I must say I do not see how my present government could +have taken any other course.' He also calls it 'a strict logical +following out' of the Tory party's own acts; and he has 'no doubt +whatsoever {122} that a great deal of property was wantonly and cruelly +destroyed at that time in Lower Canada.' He was petitioned to dissolve +parliament if the bill should pass; his judgment on this alternative +runs: 'If I had dissolved parliament, I might have produced a +rebellion, but most assuredly I should not have produced a change of +ministry.' The other alternative of reserving the bill seemed, as he +balanced it in his mind, cowardly. He would create no precedent. +Bills had been reserved before, and had been refused the royal +sanction; to reserve this one would be no departure from established +custom; but, he writes to Lord Grey, 'by reserving the Bill, I should +only throw upon Her Majesty's Government ... a responsibility which +rests, and ought, I think, to rest, on my own shoulders.' The +sentences which follow evince an ideal of public service that can only +be called knightly. The executive head of the government was ready to +face failure and disgrace, to the ruin of his career, rather than shirk +the responsibility which was really his. 'If I pass the Bill, whatever +mischief ensues may possibly be repaired, if the worst comes to the +worst, by the sacrifice of me. Whereas {123} if the case be referred +to England, it is not impossible that Her Majesty may have before her +the alternative of provoking a rebellion in Lower Canada ... or of +wounding the susceptibilities of some of the best subjects she has in +the province.' From the first Elgin had firmly made up his mind to +fill the role of constitutional governor; he believed that the best +justification of Durham's memory, and of what he had done in Canada, +would be a governor-general working out fairly the Dictator's views of +government. Although he had definitely made up his mind what course of +action to follow, he was never betrayed into committing himself before +the proper time. Deputations waited on him with provocative addresses; +but none was cunning enough to snare him in his speech. The +'sacrifice' came soon enough. + +In spite of all the furies of opposition within the House and out of +it, the Indemnity Bill passed by a majority of more than two to one. +The next question was what would Lord Elgin do? Would he give his +assent to the bill, the finishing vice-regal touch which would make it +law, or would he reserve it for Her Majesty's sanction? Some unnamed +{124} persons of respectability had a shrewd suspicion of what he would +do, as the sequel proved. An accident hastened the crisis. In 1849 +the navigation of the St Lawrence opened early; and on the twenty-fifth +of April the first vessel of the season was sighted approaching the +port of Montreal. In order to make his new Tariff Bill immediately +operative on the nearing cargo, Hincks posted out to 'Monklands,' Lord +Elgin's residence, in order to obtain the governor-general's formal +assent to this particular bill. The governor did as he was asked. He +drove in from 'Monklands' in state to the Parliament House for the +purpose. The time seemed opportune to give his assent to several other +bills. Among the rest he assented in Her Majesty's name to the 'Act to +provide for the indemnification of parties in Lower Canada whose +property was destroyed during the Rebellion of 1837 and 1838.' What +happened in consequence is best told in his own words. 'When I left +the House of Parliament, I was received with mingled cheers and +hootings by a crowd by no means numerous, which surrounded the entrance +of the building. A small knot of individuals consisting, it has since +been {125} ascertained, of persons of a respectable class in society, +pelted the carriage with missiles which they must have brought with +them for the purpose.' The 'missiles' which could not be picked up in +the street were rotten eggs. One of them struck Lord Elgin in the +face. That was the Canadian method of expressing disapproval of a +governor-general for acting in strict accordance with the principles of +responsible government. But this was only part of the price he had to +pay for doing right. Worse was to follow. + +Immediately after this outrage a notice was issued from one of the +newspapers calling an open-air meeting in the Champ de Mars. Towards +evening the excitement increased, and the fire-bells jangled a tocsin +to call the people into the streets. The Champ de Mars soon filled +with a tumultuous mob, roaring its approbation of wild speeches which +denounced the 'tyranny' of the governor-general and the Reformers. A +cry arose, 'To the Parliament House!' and the mob streamed westward, +wrecking in its passage the office of Hincks's paper the _Pilot_. The +House was in session, and though warned by Sir Allan MacNab that a riot +was in progress, it hesitated to take the extreme step of {126} calling +out the military to protect its dignity. At this time the whole police +force of the city numbered only seventy-two men, and, in emergencies, +law and order were maintained with the aid of the regiments in +garrison, or by a force of special constables. Soon the House found +that Sir Allan's warning was against no imaginary danger. Volleys of +stones suddenly crashed through the lighted windows, and the members +fled for their lives. The rabble flowed into the building and took +possession of the Assembly hall. Here they broke in pieces the +furniture, the fittings, the chandeliers. One of the rioters, a man +with a broken nose, seated himself in the Speaker's chair and shouted, +'I dissolve this House.' It seems like a scene from a Paris _emeute_ +rather than an actual event in a staid Canadian city. Soon a cry was +heard, 'The Parliament House is on fire.' Another band of rioters had +set the western wing alight, and, in a quarter of an hour, the whole +building was a mass of flames. Although the firemen turned out +promptly, they were forcibly prevented by the mob from doing their +duty, until the soldiers came to their support, and then it was too +late to save the building. Next day only the ruined walls {127} were +standing. The Library of Parliament was burned in spite of efforts to +save it, and the student of Canadian history will always mourn the loss +of irreplaceable records and manuscripts in that tragic blaze. One +thing was rescued. Young Sandford Fleming and three others carried out +the portrait of the Queen. It was almost as gallant an act as rescuing +the Lady in person. + +Nor was the destruction of the Parliament Building the final outbreak. +Next evening the mob was at its work again, attacking the houses or +lodgings of the various Reform leaders. LaFontaine's government +ordered the arrest of four ringleaders in the last night's riot. In +revenge his house was entered forcibly, the furniture smashed, the +library destroyed, and the stable set on fire. In fact, for three days +Montreal was like a city in revolution. A thousand special constables, +armed with pistols and cutlasses, in addition to the soldiery were +needed to restore something like order in the streets. But the rioting +was not over even yet. The most violent scene of all took place on the +thirtieth of April. The House was naturally incensed at the insults +offered to the governor-general and drew up an address expressing the +{128} members' detestation of mob violence, their loyalty to the Queen, +and their approval of his just and impartial administration. It was +decided to present the address to him, not at the suburban seat of +'Monklands,' but publicly at Government House, the Chateau de Ramezay +in the heart of the city. Such a decision showed no little courage on +both sides, but the end was almost a tragedy. Lord Elgin came very +near being murdered in the streets of Montreal. On the day appointed +he drove into the city, having for escort a troop of volunteer +dragoons. All through the streets his carriage was pelted with stones +and other missiles, and his entry to Government House was blocked by a +howling mob. His escort forced the crowd to give way, and the +governor-general entered, carrying with him a two-pound stone which had +been hurled into his carriage. It was a piece of unmistakable evidence +as to the treatment the Queen's representative in Canada had received +at the hands of Her Majesty's faithful subjects. When the ceremony was +over he attempted to avoid trouble by taking a different route back to +'Monklands,' but he was discovered, and literally hunted out of the +city. 'Cabs, {129} caleches, and everything that would run were at +once launched in pursuit, and crossing his route, the +governor-general's carriage was bitterly assailed in the main street of +the St Lawrence suburbs. The good and rapid driving of his postilions +enabled him to clear the desperate mob, but not till the head of his +brother, Colonel Bruce, had been cut, injuries inflicted on the chief +of police, Colonel Ermatinger, and on Captain Jones, commanding the +escort, and every panel of the carriage driven in.' Even at +'Monklands' Lord Elgin was not entirely safe. The mob threatened to +attack him there, and the house was put in a state of defence. Ladies +of his household driving to church were insulted. To avoid occasion of +strife he remained quietly at his country-seat; and, for his +consideration of the public weal, was ridiculed, caricatured, and +dubbed, in contempt, the Hermit of Monklands. + +The riots did not end without bloodshed. Once more the rioters +attacked LaFontaine's house by night; shots were fired from the windows +on the mob, and one man was killed. The appeal to racial passion was +irresistible. A man of British blood had been slain by a Frenchman. +The funeral {130} of the chance victim was made a political +demonstration. LaFontaine was actually tried for complicity in the +accident, but was acquitted. Montreal underwent something like a Reign +of Terror; a murderous clash between French and English might come at +any moment. Elgin was urged to proclaim martial law and put down mob +rule by the use of troops. Wisely he refused to go to such extremes. +The city authorities themselves should restore order, and at last they +did so with their thousand special constables. Those April riots of +'49 cost Montreal the honour of being the capital of Canada, and +ultimately caused the transformation of queer little lumbering Bytown +into the stately city of Ottawa, proudly eminent, with the halls of +legislature towering on the great bluff above the glassy river. + +Of Elgin's conduct during this long-drawn ordeal it is almost +impossible to speak in terms of moderate praise. He must have been +less or more than human not to feel bitterly the insults heaped upon +him. The natural man spoke in the American who 'could not understand +why you did not shoot them down'; and also in the Canadian {131} who +'would have reduced Montreal to ashes' before enduring half that the +governor endured. But Elgin acted not as the natural man, but as the +Christian and the statesman, He refused to meet violence with violence; +and he refused to nullify the principles of popular government by +bowing before the blast of popular clamour. But a more unpopular +governor-general never held office in Canada. + + + + +{132} + +CHAPTER V + +THE PRINCIPLE ESTABLISHED + +The storm raised by the Rebellion Losses Bill did not soon sink to a +calm. It did not end with rabbling the viceroy, burning the House of +Parliament, homicide, and mob rule in the streets of Montreal. In the +British House of Commons the whole matter was thoroughly discussed. +Young Mr Disraeli, the dandified Jewish novelist, held that there were +no rebels in Upper Canada, while young Mr Gladstone, 'the rising hope +of those stern and unbending Tories,' proved that there were virtual +rebels who would be rewarded for their treason under the Canadian +statute. In a letter to _The Times_ Hincks showed, in rebuttal, that +rebels in Upper Canada had already received compensation by the Act of +a Tory government. Who says A must also say B. Between the arguments +of Gladstone and Hincks it is perfectly clear that the Rebellion Losses +Bill was anything but a perfect measure. Its passage had one {133} +more important reaction, the Annexation movement of 1849. + +This episode in Canadian history is usually slurred over by our +writers. It is considered to be a national disgrace, a shameful +confession of cowardice, like an attempt at suicide in a man. It did +undoubtedly show want of faith in the future. Those who organized the +movement did 'despair of the republic.' But it is possible to blame +them too much. Annexation to the United States was in the air. Lord +Elgin writes that it was considered to be the remedy for every kind of +Canadian discontent. He was haunted by the fear of it all through his +tenure of office. Annexation had been preached by the Radical journals +for years in Canada; and it was confidently expected by politicians in +the United States. As late as 1866 a bill providing for the admission +of the states of Upper Canada, Nova Scotia, etc., to the Union passed +two readings in the House of Representatives. The Dominion elections +of a quarter of a century later (1891) gave the death-blow to the +notion that Annexation was Canada's manifest destiny; but the idea died +hard. + +Action and reaction are equal and opposite. {134} Embittered by +defeat, the very party that had stood like a rock for British +connection now moved definitely for separation. The circular issued by +the Annexation Association of Montreal is a document too seldom +studied, but it repays study. In tone it is the reverse of +inflammatory; it is markedly temperate and reasonable. After a +dispassionate review of the present situation, it considers the +possibilities that lie before the colony--federal union, independence, +or reciprocity with the United States. All that Goldwin Smith was to +say about Canada's manifest destiny is said here. His ideas and +arguments are perfectly familiar to the Annexationists of '49. The +appeal at the close contains this sentence: + + +Fellow-Colonists, We have thus laid before you our views and +convictions on a momentous question--involving a change which, though +contemplated by many of us with varied feelings and emotions, we all +believe to be inevitable;--one which it is our duty to provide for, and +lawfully to promote. + + +There were those who protested against Annexation; but they were +denounced as {135} 'known monopolists and protectionists.' One speaker +said: 'Were it necessary I might multiply citation on citation to prove +that England considers, and has for years considered, our present +relations to her both burdensome and unprofitable.' Another said: 'It +is admitted, I may almost say, on all hands, that Canada must +eventually form a portion of the Great American Republic--that it is a +mere question of time.' There follows a list of some nine hundred +names, beginning with John Torrance and ending with Andrew Stevenson. +There are French names as well as English. Some bearers of those names +to-day are not proud of the fact that they are to be found in that +list. One Tory refused to sign the manifesto: his monument bears the +inscription, 'A British subject I was born, a British subject I will +die.' + +The manifesto was supported by various pamphleteers and journalists. +Elgin records his fear of the 'cry for Annexation spreading like +wildfire through the province.' But it did not spread 'like wildfire.' +The original impulse, which may have been partly 'petulance,' seemed to +spend itself. Not all English opinion was in favour of 'cutting the +painter'; and one of the most determined {136} opponents of Annexation +was that very alert politician, the young Queen. Equally determined +was the governor-general of Canada. 'To render Annexation by violence +impossible, and by any other means, as improbable as may be, is,' he +wrote, 'the polar star of my policy.' When he could, he showed clearly +enough what his policy was. The manifesto of the Annexationists +contained not a few names of men holding office under the government, +magistrates, queen's counsel, militia officers, and others. Elgin had +a circular letter sent to these eminently respectable persons holding +commissions at the pleasure of the Crown, asking pertinently if they +had really signed the document in question. Some affirmed, and some +denied; others, again, questioned the governor's right to make the +inquiry. He then removed from office all who did not disavow their +signatures as well as those who admitted them. His action had an +excellent effect and showed that he was no weakling. He was warmly +supported by the colonial secretary, Earl Grey. Hitherto he had been +only a peer of Scotland, but now, in token of the government's +approval, was made a peer of the United Kingdom. Soon the commercial +conditions, {137} which had no small part in the political discontent, +began to mend. + +[Illustration: The Earl of Elgin. From a daguerreotype] + +The services of Hincks to his adopted country at this time were of the +greatest value. A financier as well as a journalist, he was able to +secure the capital needed for the great public works, and to set the +resources of Canada before the British investor in a most convincing +way. The Welland Canal was completed; the era of railway development +began. Immigration increased and business began to lift its head. In +1849 the last of the old Navigation Laws, which forbade foreign ships +to trade with Canada, were repealed. They were an inheritance from the +imperialism of Cromwell, but were now outworn. Although the Maritime +Provinces did not benefit, the port of Montreal began to come to its +own, as the head of navigation. In 1850 nearly a hundred foreign +vessels sought its wharves. + +The next session of parliament was held in Toronto, according to the +odd agreement by which that city was to alternate with Quebec as the +seat of government. Every four years the government with all its +impedimenta was to migrate from the one to the other. The Liberal +party was soon to find that a crushing {138} victory at the polls and a +puny opposition in the House were not unmixed blessings. It began to +fall apart by its own sheer weight. A Radical wing, both English and +French, soon developed. The 'Clear Grit' party in Upper Canada was +moving straight towards republicanism, and so was Papineau's _Parti +Rouge_, with its organ _L'Avenir_ openly preaching Annexation. +Canadian eyes were still dazzled by the marvellously rapid growth of +the United States. American democracy was manifestly triumphant, and +Canada's shortest road to equal prosperity lay through direct +imitation. Salvation was to be found in the universal application of +the elective principle, from policeman to governor. This was before +the unforeseen tendencies of democracy had startled Americans out of +their attitude of self-complacent belief in it, and converted them +first into thoroughgoing critics, and then into determined reformers of +the system that they once thought flawless. The legislation of the +session of 1849-50 has still measures of value. Canada for the first +time assumed full control of her own postal system. The principle of +separate schools for Roman Catholics was confirmed, a measure which +reveals Canada in sharp contrast to the {139} United States, where +sectarian teaching is excluded from a state-aided school system. Not a +single bill was 'reserved,' which the Globe called a fact +'unprecedented in Canadian history.' The colony was now entirely free +to manage its own affairs, well or ill, to misgovern itself if it chose +to do so. Lord Elgin had almost laid down his life for this idea; +henceforth it was never to be called in question. + +Two outstanding grievances were finally removed by the Great +Administration during this session. They were both land questions; one +afflicted the English, and the other the French, half of the province. +For a whole decade the grievance of the Clergy Reserves had slumbered; +now it came up for settlement. The Clergy Reserves were finally +secularized. Hincks, the astute parliamentary hand, led the House in +requesting the British parliament to repeal the Act of 1840. This was +the first step, preliminary to devoting the unappropriated land to the +maintenance of the school system. In voting on this measure LaFontaine +opposed, while Baldwin supported it. The divergence of opinion marked +the weakening of the ministry. + +The other question, which affected French {140} Canada, was the +seigneurial tenure of the land. The system was an inheritance from the +time of Richelieu. Unlike the English, who allowed their colonies to +grow up haphazard, the French, from the first, organized and regulated +theirs according to a definite scheme. Upon the banks of the St +Lawrence they established the feudal system of holding land, the only +system they knew. There were the seigneurs, or landlords, with their +permanent tenants, or _censitaires_. There were the ancient +usages--_cens et rentes, lods et ventes, droit de banalite_.[1] the +seigneurs' court, and so on. Seigneuries were also established in +Acadia; but they were bought out by the Crown about 1730, after the +cession of that province to Great Britain. In the opinion of such +authorities as Sulte and Munro the seigneurial system answered its +purpose very well. At first the French would not have it touched. In +the troubles of '37 the simple habitants thought they were fighting for +the abolition of the seigneurs' dues. By the middle of the nineteenth +century it had become almost as complete an anomaly as trial by combat. +But the question of reform bristled with difficulties. {141} Which +were the rightful owners of the eight million arpents of land--the +seigneurs, or the _censitaires_? To whom should all this land be +given? Was there a third method, adjustment of rights with adequate +compensation? The Reformers were not agreed among themselves. Some +were for abolition of the seigneurs' rights: some were for voluntary +arrangement with the aid of law. LaFontaine was averse from change, +and Papineau, who was himself a seigneur, held by the ancient usages. +The whole question was referred to a committee, but all attempts to +deal with it during the sessions of 1850 and 1851 came to nothing. Not +until 1854 was definite action taken. All feudal rights and duties, +whether bearing on _censitaire_ or seigneur, were abolished by law, and +a double court was appointed to inquire into the claims of all parties +and to secure compensation in equity for the loss of the seigneurs' +vested interests. It took five years of patient investigation, and +over ten million dollars, to get rid of this anomaly, but at last it +was accomplished to the benefit of the country. Says Bourinot, 'The +money was well spent in bringing about so thorough a revolution in so +peaceable and conclusive a manner.' + +{142} + +Both these questions gave rise to differences of opinion in the +Cabinet. The Clear Grits, or Radical wing, were in constant +opposition, simply because the progress of Reform was not rapid enough. +William Lyon Mackenzie, once more in parliament, rendered them +effective aid. In June 1851 he brought in a motion to abolish the +Court of Chancery, which had been reorganized by Baldwin only two years +before and seemed to be working fairly well. Although the motion was +defeated Baldwin realized that the leadership of the party was passing +from him and his friends, and he resigned from office at the end of the +month. One of the pleasing episodes in the history of Canadian +parliaments was Sir Allan MacNab's sincere expression of regret on the +retirement of his political opponent. There are few enough of such +amenities. In October of the same year LaFontaine also resigned, +sickened of political life. A letter of his to Baldwin, as early as +1845, lifts the veil. 'I sincerely hope,' he says, 'I will never be +placed in a situation to be obliged to take office again. The more I +see the more I feel disgusted. It seems as if duplicity, deceit, want +of sincerity, selfishness were virtues. It gives me a poor idea of +{143} human nature.' This is not the utterance of a cynic, but of an +honest man smarting from disillusion. His exit from public life was +final. He was made chief justice for Lower Canada and presided with +distinction over the sessions of the Seigneurial Court. His political +career thus closed while he was yet a young man with years of valuable +service before him. Baldwin attempted to re-enter political life. The +resignation of the two leaders involved a new election, and Baldwin was +defeated in his own 'pocket borough' by Hartman, a Clear Grit. That +was the end. He retired to his estate 'Spadina,' his health shattered +by his close attention to the service of the state. He was an entirely +honest politician, deservedly remembered for the integrity of his life +and his share in upbuilding Canada. So the Great Administration +reached its period. + +It was succeeded by a ministry in which Hincks and Morin were the +leaders. The new parliament included a new force in politics, George +Brown, creator of the _Globe_ newspaper. A Scot by birth, a Radical in +politics, hard-headed, bitter of speech, a foe to compromise, with +Caledonian fire and fondness for facts, he soon commanded a large {144} +following in the country and became a dreaded critic in the House. He +had disapproved of the late ministry for its failure to carry out the +programme approved by the _Globe_, especially the secularization of the +Clergy Reserves. He became the Protestant champion, the denouncer of +such acts as that of the Pope in dividing England into Roman Catholic +sees and naming Cardinal Wiseman Archbishop of Westminster, and the +pugnacious foe of 'French domination.' His activities did not tend to +draw French and English closer together. He lacked the gift of his +successful rival, John A. Macdonald, for making friends and inspiring +personal loyalty. + +The Hincks-Morin government was a business man's administration. It is +noteworthy for its successful promotion of various railway, maritime, +and commercial enterprises. It aided in the establishment of a line of +steamers to Britain by offering a substantial subsidy for the carriage +of mails, a policy which has continued, with the approval of the +nation, to the present time. It was this ministry also which pushed +the building of the Grand Trunk, and ultimately succeeded in creating a +national highway from Riviere du Loup to {145} Sarnia and Windsor. +This was the era of reckless railway speculation. Municipalities were +empowered to borrow money on debentures for railway building guaranteed +by the provincial government. Unfortunately they borrowed extravagant +sums and ran into debt, from which, at last, the province had to rescue +them. But, unlike what happened in the case of some of the American +states, there was no repudiation of debts by Canadian municipalities. + +The year 1851 is likewise famous for the Great Exhibition. Britain had +adopted free trade, to her great advantage. All the nations of the +world were expected to follow her example and remove the barriers to +commerce to the benefit of all. The freedom of intercourse between +nation and nation was to slay the jealousy and suspicion which lead to +war. To inaugurate the new era of peace and unfettered trade the +Crystal Palace was reared in Hyde Park--'the palace made of windies,' +as Thackeray calls it--and filled with the products of the world. The +idea originated with the Prince Consort, and it was worthy of him. For +the first time the various nations could compare their resources and +manufactures with one another. Canada {146} had her share in it. As a +demonstration of general British superiority in manufactures the Great +Exhibition was a great success; but as heralding an era of universal +peace it was a mournful failure. Three years later England, France, +and Sardinia were fighting Russia to prop the rotten empire of the +Turk. Then came the Great Mutiny; then the four years of fratricidal +strife between the Northern and Southern States; then the war of +Prussia and Austria; then the overthrow of France by Germany. All +these events had their influence on Canada. The 100th Regiment was +raised in Canada for the Crimea. Joseph Howe went to New York on a +desperate recruiting mission. Nova Scotia ordained a public fast on +the news of the massacre of white women and children by the Sepoys. +Thousands of Canadians enlisted in the Northern armies. The Papal +Zouaves went from Quebec to the aid of the Pope against Garibaldi. All +these were symptoms that Canadians were beginning to outgrow their +narrow provincialism and to perceive their relations to the outer +world, and especially towards Britain. The country was reaching out +towards the role which in our own day she has played in the Great War. + +{147} + +Meanwhile Lord Elgin was playing his part as constitutional governor, +standing by his principle of accepting democracy even when democracy +went wrong. Though inconspicuous, he was always planning for the +benefit of the country he had in charge. He had visions of an Imperial +_zollverein_, but he perceived clearly the immense and immediate +advantages of freer trade relations between the British American +colonies and the United States. Those once attained, he thought the +danger of Annexation past. His activities in his last year of office +prove that a man of ability may be a strictly constitutional governor +and yet preserve a power of initiative, of almost inestimable value. +In 1853 Lord Elgin paid a visit to England, and while there obtained +full powers to negotiate with the United States. For several years +Hincks had been doing his best to induce the American government to +consider the question of reciprocity in natural products with Canada, +but without avail. Bills to this effect had even been introduced into +Congress; but they never got beyond the preliminary stages. New +England was inclined to favour the proposal, for agriculture was +declining there before the growth of {148} manufactures. The South +favoured reciprocity rather than Annexation, for the 'irrepressible +conflict' between the slave states and the free states was every day +coming closer to observant eyes, and including Canada in the Union +meant a great accession of strength to the already populous North. +Opposition came from the farmers of the Northern states, who feared the +competition of a country, as yet, almost entirely devoted to +agriculture. General indifference, the opposition of a section, +combined with the feeling that Canada had nothing adequate to offer in +return for access to the huge American market, removed reciprocity from +the domain of practical politics. The scale was turned by the codfish +question. + +Ever since the success of the Revolution the fishermen of New England +had a grievance against the British government and against the colonies +which did not revolt. They thought it most unjust that, as successful +rebels, they could not enjoy the fishing privileges of the North +Atlantic which they had enjoyed as loyal subjects. They wanted to eat +their cake and have their penny too. Of course no power on earth could +exclude them from the Banks, the great shoals in the {149} open sea, +where fish feed by millions; but territorial waters were another +matter. By the law of nations the power of a country extends over the +waters which bound it for three miles, the range of a cannon shot, as +the old phrase runs. Now it is precisely in the territorial waters of +the British American provinces that the vast schools of mackerel and +herring strike. To these waters American fishermen had not a shadow of +a right; but Yankee ingenuity was equal to the difficulty and proposed +the question, Where does the three-mile limit extend? The American +jurists and diplomats insisted that it followed all the sinuosities of +the shore. If admitted, this claim would give American fishermen the +right of entrance to huge British bights and bays full of valuable +fish. The Canadian contention was that the three-mile limit ran from +headland to headland, thus excluding the Americans from fishing within +the deeper indentations of the coast-line. By the treaty of 1818 the +Americans were definitely excluded from the territorial waters, but +still they poached on Canada's preserves. It was maddening to Nova +Scotians to see aliens insolently hauling their nets within sight of +shore and taking the bread from their mouths. {150} The Americans +applied the headland to headland rule to their own territorial waters; +no 'Bluenose' fisherman could venture into the Chesapeake; but for the +'Britishers' to insist on the same rule was another matter. In 1852 +the constant clash of interests almost led to war; for Britain backed +up the just complaints of her colonies by detaching a force of six +cruisers to protect our fisheries and stop the poachers, and the +American government also sent ships to protect their fishermen. There +was no further action, beyond a recommendation in the President's +message to Congress that the whole matter should be settled by treaty. + +Such was the situation when Lord Elgin arrived at Washington in May +1854. His suite included Hincks and Laurence Oliphant, the writer, +whose humorous and satiric account of what he saw during the +negotiations makes most amusing reading. The diplomats reached the +American capital at one of the most dramatic moments of American +history. On the very day of their arrival the Kansas-Nebraska Bill +passed Congress. It meant the momentary triumph of the South and the +extension of slavery into the great _hinterland_ beyond the +Mississippi. {151} The passage of the bill was celebrated by the +salute of a hundred guns; and, fearing trouble, legislators sat in the +House armed to the teeth. + +Lord Elgin at once began operations which can hardly be distinguished +from an ordinary lobby. From Marcy, the secretary of state, he +ascertained that the kernel of opposition to reciprocity was the +Democratic majority in the Senate, and he set about cultivating the +Democratic senators. There was a round of pleasant dinners and other +entertainments, at which Lord Elgin shone. A British peer is always an +object of interest in a democracy. This one possessed most agreeable +manners, a charm to which Southerners are peculiarly susceptible, and +also an unusual gift of oratory which won him favour with a public +accustomed to the eloquence of Daniel Webster and Wendell Phillips. +These things told with the Democratic majority. That the treaty 'was +floated through on champagne' is an exaggeration; but there was +undoubtedly much hospitality shown on both sides and much good +fellowship. Ten days after his arrival at Washington Lord Elgin was +able to tell Mr Marcy that the Democrats would not oppose the treaty, +and on the fifth of {152} June it was actually signed. Oliphant +furnishes most amusing details of the actual ceremony of appending the +signatures. It went into force only after it had been formally +ratified by the legislatures of Great Britain and the United States. +The most important provisions were as follows. + +Natural products were to be admitted free of duty to both countries, +the principal being grain, flour, lumber, bread-stuffs, animals, fresh, +smoked and salted meats, lumber of all kinds, poultry, cotton, wool, +hides, metallic ores, pitch, tar, ashes, flax, hemp, rice, and +unmanufactured tobacco. In return the American fishermen obtained the +coveted privilege of fishing within the territorial waters of the +Maritime Provinces, without any restriction as to distance or +headlands. Canadians were accorded the right to fish in the depleted +American grounds, north of the 36th parallel N. latitude. Nova +Scotians were not pleased at these concessions, especially as they were +not allowed to share in the American coasting trade; but as trade grew +up and prices rose, their discontent naturally vanished. + +The benefits accruing to Canada from the treaty were immediate and +plain to every {153} eye. In the first year of its operation the value +of commodities interchanged between the two countries rose from an +annual average of fourteen million dollars to thirty-three millions, an +increase of more than one hundred per cent. The volume of trade rose +steadily at the rate of eight or nine millions per annum. When the war +broke out between the North and the South, prices jumped, and, during +the four years of the struggle, Canada had a greedy market for +everything she could produce. The benefit to both countries was +obvious. For the first time since the Revolution the currents of North +American trade flowed unchecked in their natural channels. Canada had +never known such a period of prosperity, and was never to know such +another, until the great West was opened up by the railways and until +immigrants began to flock in by hundreds of thousands, to draw from the +rich loam of the prairies the bountiful harvests of man-sustaining +wheat. Lord Elgin's pact held good for twelve years. In the last year +the volume of trade was more than eighty-four millions. The agreement +ended from a variety of causes, economic and political. Canada had +raised the tariff on American manufactures in order to meet {154} her +increasing expenditure; and she tried to divert American commerce from +its regular routes to a profitable transit through Canadian territory. +But the chief cause was the bitterness of the United States at the +attitude of Britain during the Civil War. The _Trent_ affair, the +ravages of the _Alabama_ and other commerce destroyers, the open and +avowed sympathy with the South expressed in British journals and +elsewhere, convinced the American people that Britain would be glad to +see the Republic broken up. That, with such provocation, the Americans +should deprive a British colony of a commercial advantage was not +unnatural. One statesman even proposed that the whole of Canada should +be handed over to the United States in compensation for the _Alabama_ +claims. That the treaty was negotiated at all, and that the experiment +in trade was so beneficial to both countries, has certain important +lessons. The episode proves that a colonial governor, while governing +in strict accordance with the constitution, can do for his government +what no one else can do. Lord Elgin's success has never been repeated. +Delegation after delegation of Canada's ablest politicians have +pilgrimed from Ottawa to Washington, seeking {155} better trade +relations, with no result. The second lesson is the tendency of trade +to mock at political boundaries and to wed geography. Even now, with +high tariffs on both sides of the line, Canada spends fifty-one dollars +in the United States for every thirty-three she spends in England. + +From his triumph at Washington the governor-general returned to Canada +to undergo another experience of democratic manners. The Hincks-Morin +government was nearing its end. Parliament had no sooner assembled in +the ancient capital, Quebec, than it was dissolved. In the political +tug-of-war known as the debate on the Address the government was +defeated. Instead of resigning, the leaders recommended the +governor-general to dissolve the House, so that there might be a new +election, and that the mind of the people might be ascertained on the +two great issues, the Clergy Reserves and Seigneurial Tenure. The +opposition contended that the ministry should either resign, or else +bring in some piece of legislation as a trial of strength. Lord +Elgin's position was precisely the same as in the time of the Rebellion +Losses Bill. He acted on the advice of his ministers. {156} When he +came in state to prorogue the House, a most extraordinary scene +occurred. He was kept waiting for an hour while the parties wrangled, +and when Her Majesty's faithful Commons did present themselves, the +Speaker, John Sandfield Macdonald, read, first in English and then in +French, a reply to the Address which was a calculated insult to Her +Majesty's representative. The point of the reply was that, as no +legislation had been passed, there had been no session; and that this +failure to follow custom was 'owing to the command which your +Excellency has laid upon us to meet you this day for the purpose of +prorogation.' Sandfield Macdonald was an ambitious and vindictive man. +He was wrong, too, in his interpretation of the constitution. Hincks +had denied him a cabinet position which he coveted, and this was his +mode of retaliating upon him. None the less, the House was prorogued, +and the elections were held. + +According to the old, bad custom, they were spread over several weeks, +instead of being held on a single day. The result was unfavourable to +the government. Representation had been increased, and out of the +total number of members returned the {157} ministry had only thirty at +its back. The Conservatives numbered twenty-two, the Clear Grits +seven, Independents six, and Rouges nineteen. Papineau was defeated +and retired to his seigneury. Hincks was returned for two +constituencies. In the election of the Speaker he very adroitly +thwarted the ambition of Sandfield Macdonald to fill that post; but, +soon afterwards, the ministry was defeated on a trifling question and +resigned. Hincks was afterwards knighted and made governor of Barbados +and Guiana. He returned to Canada in 1869 to be a member of Sir John +Macdonald's Cabinet. He made a fortune for himself and he had no small +part in making Canada. He died of smallpox in Montreal in 1885. His +_Reminiscences_ is an authority of prime importance for the history of +his times. + +That consistent, life-long Tory, Sir Allan MacNab, became the head of +the new ministry. The attorney-general for Upper Canada was John A. +Macdonald. Six members of the old Reform Cabinet sat in the new +ministry side by side with four Conservatives. This signified the +formation of a new party in Canada, the Liberal-Conservative, an +exactly {158} descriptive name, because it composed the best elements +of both parties. Under the leadership of John A. Macdonald it held +power for practically thirty years. That able politician, formed by +education in this country, not outside, perceived instinctively the +essential moderation of the Canadian temperament, and how alien to it +was the extravagance of _Rouge_ and Clear Grit. The national +temperament is cautious and bent to 'shun the falsehood of extremes.' +Under the dominance of the new-formed party the jarring scattered +provinces became one and grew to the stature of a nation. + +Lord Elgin's reign was over. In the autumn of 1854 he made a tour of +the province and was everywhere received with unmistakable tokens of +appreciation and goodwill. He was right in thinking 'I have a strong +hold on the people of this country.' His administration represented +the triumph of a statesman's principle over every consideration of +convenience, popularity, and even safety. Thanks to his firmness and +his chivalrous conception of his office, government by the popular will +became established beyond shadow of change. To estimate the value of +his services to the commonwealth, {159} one has only to imagine a Sir +Francis Bond Head in his place during the crisis of the Rebellion +Losses Bill. A weaker man would have plunged the country into anarchy, +or have paltered and postponed indefinitely the true solution of a +vital constitutional problem. + +No governor of Canada was ever worse treated by the Canadian people; +and yet no proconsul is entitled to more grateful remembrance in +Canada. In spite of that ill-treatment he grew to like the country. +His eloquent farewell speech at Quebec evinces genuine affection for +the land and genuine regret at having to leave it for ever. Like every +traveller who has known both countries, he was struck by the contrast +between 'the whole landscape bathed in a flood of that bright Canadian +sun' and 'our murky atmosphere on the other side of the Atlantic.' The +majestic beauty of the St Lawrence and citadel-crowned Quebec had won +his heart. Like a wise man and a Christian, he looked forward to the +end; and he imagined that the memory of the sights and sounds he had +grown to love would soothe his dying moments. He left Canada for +service in India, like Dufferin and Lansdowne, and never returned. His +grave is at Dhurmsala {160} under the shadow of the Himalayas. It is +marked by an elaborate monument surmounted by the universal symbol of +the Christian faith; but a nobler and more lasting memorial is the +stable government he gave to 'that true North.' + + + +[1] See _The Seigneurs of Old Canada_, chap. iv. + + + + +{161} + +EPILOGUE + +The twelve years that followed Elgin's regime saw the flood-tide of +Canada's prosperity. Apart altogether from the advantage of the +Reciprocity Treaty, the country flourished. The extension of railways, +the influx of population, developed rapidly the immense natural +resources of the country. Politically, however, things did not move so +well. The old difficulties had disappeared, but new difficulties took +their place. There was no longer any question of the constitution, or +the relation of the governor to it, or of orderly procedure in the +mechanics of administration; but there was violent strife between +parties too evenly balanced. The remedy lay in the formation of a +larger unity, and, in 1867, the four provinces effected a +confederation, which was soon to embrace half the continent from ocean +to ocean. Dominion Day 1867 was the birthday of a new nation, and a +true poet has precised {162} Canada's relation to Britain and the world +in a single stanza. + + A Nation spoke to a Nation, + A Throne sent word to a Throne: + 'Daughter am I in my mother's house, + But mistress in my own! + The doors are mine to open, + As the doors are mine to close, + And I abide by my mother's house,' + Said our Lady of the Snows. + +_Quis separabit_? The confident prophecies of 'cutting the painter' +have all come to naught. In the supreme test of the Great War, Canada +never for a moment faltered. She gave her blood and treasure freely in +support of the Empire and the Right. No severer trial of those bonds +that knit British peoples together can be imagined. To look back upon +the time when British soldiers had to be sent to suppress a Canadian +insurrection from a time when French Canadians and English Canadians +are fighting side by side three thousand miles from their homes for the +maintenance of the Empire is to envisage the most startling of +historical paradoxes. That old, bad time seems as unsubstantial as a +dream; this seems the only reality; and yet the two periods are +separated only by the span of a not very long human life. {163} The +truth is that in those days there were no Canadians. There were French +on the banks of the St Lawrence, but their political horizon was +bounded by the parish limits. Their most renowned leader had no vision +but of an independent French republic, or of one more state in the +Union. The people of the western province consisted of diverse +elements. The solid kernel was of United Empire Loyalist stock, which +gave the province its distinctive character. The Scottish, Irish, +English immigration could not be reckoned among the genuine sons of the +soil. They built their log-huts in the wildwood clearings, but their +hearts were in the sheiling, the cabin, the cottage they had left +beyond the sea. Their allegiance was divided, a fact of which the +perpetuation of the various national societies is indubitable evidence. +They were the pioneers; they made the wilderness a garden; and their +children entered into a large inheritance. More inharmonious still was +the immigration from south of the border, of persons brought up on the +Declaration of Independence and Fourth of July oratory. Colonel +Cruikshanks's researches have proved how numerous they were and how +disaffected. Mrs Moodie found {164} them and the Americanized natives +just as disagreeable in Ontario as Mrs Trollope did in Cincinnati, and +for the same reasons. Except the Loyalists, all these elements were +divided in their political affections and ideals. Their leaders saw +only two possibilities. British connection was the sheet-anchor of the +old colonial Tories; but their vision of the country's future was an +aristocracy, a landed gentry, a decorous union of church and state--in +short, a colonial replica of old Tory England. On the other hand, the +Radical leaders, French and English alike, saw before them only an +independent republic, or fusion with the United States. How limited +was the vision of both time has made blindingly clear. The instinct of +the nascent nation decided for the golden mean, and chose the middle +path. Canada has stood firm by the Empire--how firm let the +blood-soaked trenches of Flanders attest--and yet she had stood just as +firmly by the creed of democracy and her determination to control her +own affairs. + +One son of the soil had a vision wider than that of his contemporaries. +Years before the rebellion the editor of a Halifax newspaper saw the +scattered, jarring British colonies {165} united under the old flag, +and bound together by fellowship within the Empire. He saw iron roads +spanning the continent and the white sails of Canadian commerce dotting +the Pacific. Canadians of this day see what Howe foresaw--the eye +among the blind. Let it be repeated. In those old days there were no +Canadians of Canada. Confederation had to be achieved, a new +generation had to be born and grow to manhood, before a national +sentiment was possible. These new Canadians saw little or nothing of +provinces with outworn feuds and divisions. They saw only the Dominion +of Canada. Their imagination was stirred by the ideal of half a +continent staked out for a second great experiment in democracy, of a +vast domain to be filled and subdued and raised to power by a new +nation. In spite of many faults and failures and disappointments, +Canadians have been true to that ideal. The Canada of to-day is +something far grander than the Mackenzies and Papineaus ever dreamed +of; she has disappointed the fears and exceeded the hopes of the +Durhams and the Elgins; and she stands on the threshold, as Canadians +firmly trust, of a more illustrious future. + + + + +{166} + +BIBLIOGRAPHICAL NOTE + +The following are a few of the works which should be consulted: + +Lord Durham, _Report on the Affairs of British North America_ (1839). + +Sir Francis Hincks, _Reminiscences_ (1884). + +Dent, _The Last Forty Years_ (1881). + +Reid, _Life and Letters of the First Earl of Durham_ (1906). + +Shortt, _Lord Sydenham_ (1908). + +Wrong, _The Earl of Elgin_ (1906). + +Bourinot, _Lord Elgin_ (1905). + +Walrond, _Letters and Journals of James, Eighth Earl of Elgin_ (1872). + +Leacock, _Baldwin, LaFontaine, Hincks_ (1907). + +Pope, _Memoirs of Sir John Macdonald_ (1894). + +_Canada and its Provinces_, vol. v (1913), the chapters by W. L. Grant, +J. L. Morison, Edward Kylie, Duncan M'Arthur, and Adam Shortt. + + +Consult also, for individual biographies of the various persons +mentioned in the narrative, Taylor, _Portraits of British Americans_ +(1865); Dent, _The Canadian Portrait Gallery_ (1880); and _The +Dictionary of National Biography_ (1903). + + + + +{167} + +INDEX + + +Annexation movement of 1849, the, 133-6. + +Arthur, Sir George, his severity, 30. + +Assembly: the first election after Union, 57-8; composition of parties, +58; the Baldwin incident, 59-61; measures passed, 61, 63-4; majority +rule principle, 62-3; the Draper government defeated, 76, 115-17; -- +LaFontaine-Baldwin (Reform) Administration, 76-7, 79-80, 84, 85-7; +placemen removed from Assembly, 87; the Common Schools Act, 88; +University of Toronto, 89-90, 106-7; the Metcalfe Crisis, 90-3; -- +Draper (Tory) Administration, 93-4, 101; -- LaFontaine-Baldwin (the +Great) Administration, 101-3, 106, 109-12; 142-3; Municipal +Corporations Act, 107-9; Rebellion Losses Bill, 117-18, 119-27; a +breeze in the House, 119-120; Clergy Reserves, 139; Seigneurial Tenure, +141; -- Hincks-Morin Administration, 143; a business man's government, +144-5, 155-6; -- MacNab (Liberal-Conservative) Administration, 157. + + +Bagot, Sir Charles, governor-general, 74-5, 79; forms a coalition +government, 75-6; his death a reproach to Canada, 80-1. + +Baldwin, Robert, 68-9; a Moderate Reformer, 40, 69-70, 71-2; his cool +proposal to Sydenham, 60-1; his association with LaFontaine, 66, 74, +77-8, 101-2, 118; his first administration, 77-8, 85, 80-90; the +Metcalfe peerage, 95; the Great Administration, 101-2, 106-8, 118, 120, +139; resigns the leadership, 142; retires from public life, 143. + +Baldwin, W. W., 68-9; president of Constitutional Reform Society, 71. + +Blake, W. H., causes an uproar in the House, 119-20; burned in effigy, +120. + +Bouchette, Robert, 15. + +Brougham, Lord, his malign attacks on Durham, 8, 16-17, 20; burned in +effigy in Quebec, 18. + +Brown, George, the Protestant champion, 143-4. + +Brown, Thomas Storrow, 4. + +Bruce, Colonel, wounded in the attack on Lord Elgin, 129. + +Buller, Charles, 8; with Durham in Canada, 19. + + +Canada, political development in, 3; strained relations with United +States, 11-13, 25-8; Lord Durham's Report, 21-4; the 'Hunters' Lodges,' +25-8; political and financial situation in 1839, 30-1; the capital +city, 56-7, 86, 137, 130; the Irish famine of 1846-47, 101; Municipal +Corporations Act, 107-9; trade relations dislocated by Britain's +adoption of free trade, 109; the disturbances in connection with the +Rebellion Losses Bill, 112-31; the Annexation movement of 1849, 133-6; +boom periods, 137, 153, 161; assumes control of the postal system, 138; +separate schools, 138-9; attains full self-government, 139; her +interest in world affairs, 146; the Reciprocity Treaty, 147-8, 150-5, +110-11; the fishery question, 148-50, 152; Confederation, 161-2; and +the Empire, 162, 164. See Assembly and Responsible Government. + +Cartwright, Richard, and Hincks, 76. + +Cathcart, Lord, governor-general, 97-8. + +Church of England, and the Clergy Reserves, 43-4, 46, 47. + +Church of Scotland, and the Clergy Reserves, 44, 46, 47. + +'Clear Grit' party, the, 138, 142. + +Clergy Reserves question, the, 39, 42-6; Colborne's forty-four +parishes, 46, 71; Sydenham's solution, 47-8, 64; secularized, 139, 155. + +Colborne, Sir John, lieutenant-governor of Upper Canada, 46; quells the +Rebellion and acts as administrator in Lower Canada, 4, 8, 9, 16, 25, +38, 113; raised to the peerage, 33. + +Constitutional Reform Society, the, 71. + + +Disraeli, Benjamin, and Canada, 132. + +District Council Bill, the, 64. + +Draper, W. H., his administrations, 76, 93-4. + +Durham, Lord, his early career, 5-7; invested with extraordinary powers +in the governance of Canada, 4-5, 7-8; firmness with conciliation his +policy, 9; the composition of his councils, 9-10; takes prompt action +in connection with the border troubles, 11-13; proclaims a general +amnesty to the rebels, 14-15; the disallowance of his ordinance +banishing the ringleaders, 15-19; his resignation and departure, 17-18, +25, 29; posterity's judgment, 18-19; his dying words, 20; his +personality and family ties, 7, 8-9, 99; his enemy Lord Brougham, 8, +16-17, 20; his Report, 10-11, 19-24, 32, 35, 46, 68. + + +Elgin, Earl of, 98-9; a constitutional governor-general, 99-100, 101, +118, 123, 131, 147, 155; initiates the custom of reading the Speech in +both French and English, 103; the Rebellion Losses Bill, 121-3; +attacked by the mob on the occasions of giving his assent and on +receiving an Address, 124-5, 127-9; the Hermit of Monklands, 129, +130-1; on Annexation sentiment in Canada, 133, 135-6; negotiates the +Reciprocity Treaty with United States, 147, 150-152, 110; insulted in +the House, 155-6; his administrative triumph, 158-60; his gift of +oratory, 98, 151; his connection with Durham, 99. + +Ermatinger, Colonel, and the Montreal riots, 129. + + +Fishery question, the, 148-50, 152. + +Fleming, Sandford, his act of gallantry, 127. + + +Girouard, a rebel, 79. + +Gladstone, W. E., and Canada, 132. + +Glenelg, Lord, his incompetency, 32. + +Gosford, Lord, 72. + +Gourlay, Robert, and the Clergy Reserves, 45. + +Great Britain, and the 1837 rebellions, 4, 33; the Clergy Reserves, 48; +parliamentary procedure, 62; her free trade policy, 109; the Rebellion +Losses Bill, 132; Navigation Laws repealed, 137; her colonial policy, +140; the Great Exhibition, 145-6; the fishery question, 148-50, 152; +her sympathies with the South in the American Civil War, 154. + +Grey, Earl, and Durham, 6. + +Grey, Earl (son of above), and Elgin, 99, 136. + +Grey, Colonel, his mission of remonstrance, 13. + + +Harrison, S. B., leader of Sydenham's government, 62. + +Hincks, Francis, 70; a Reform leader, 40, 61; his many interests, 70-1; +his talent for affairs, 71-2, 74; minister of Finance, 76, 77, 132, +137, 157; his policy of protection, 87-8, 124; his railway policy, +111-112; precipitates a crisis, 124-5; the Clergy Reserves, 139; his +administration, 143, 156, 157; the Reciprocity Treaty, 147, 150, 110; +his valuable services, 137; governor of Barbados, 157. + +Howe, Joseph, and responsible government, 51; and railways, 111; his +recruiting mission, 146; his vision of Canada's future, 164-5. + +'Hunters' Lodges,' the, 13, 25-8. + + +Kingston, as the capital, 56-7, 58, 86, 94; Sydenham's tomb, 65. + + +LaFontaine, L. H., his early career and appearance, 72-4; his +association with Baldwin, 66, 74, 77-8, 101-2, 118; his first ministry, +77-8, 85, 87, 93; the Great Administration, 101-2, 117-18, 127, 129, +139, 141; his crushing reply to Papineau's onslaught, 103-5; resigns, +142; chief justice for Lower Canada, 143. + +Liberal party, a split in the ranks, 137-8. See Reform. + +Liberal-Conservative party, the, 157-8. + +Lount, Samuel, his execution, 30. + +Lower Canada, racial feeling in, 22; the Rebellion, 3, 4, 25, 28-30; +Durham's amnesty and ordinance, 14-19; Durham's Report, 21-3; political +state before Union, 50; the Registry Act, 56; the opposition to Union, +57, 62, 68, 93; amnesty to all political offenders, 103; the Rebellion +Losses Bill, 112-14, 116-17; Seigneurial Tenure, 140-1. See Quebec and +Special Council. + + +Macaulay, Lord, quoted, 20, 79, 83, 96. + +Macdonald, John A., his entry into politics, 93, 101; 'a British +subject I will die,' 135; attorney-general, 157; his +Liberal-Conservative administration, 158, 144. + +Macdonald, J. S., his studied insult, 156, 157. + +Mackenzie, W. L., incites anti-British feeling in the States, 12, 26; +granted amnesty and returns to Canada, 118-19, 120, 142. + +MacNab, Sir Allan, leader of the Conservative Opposition, 86, 101; +Speaker, 94; gives 'the lie with circumstance,' 119-20, 125; his +tribute to Baldwin, 142; prime minister, 157. + +Marcy, W. L., and reciprocity with Canada, 151. + +Melbourne, Lord, and Durham, 17. + +Metcalfe, Sir Charles, his early career, 82-3; his arrival at Kingston, +81; upholds the prerogative of the Crown, 84-6, 87; refuses to +surrender right of appointment, 90-1; triumphs over the Reformers, +92-4; his peerage and death, 95-6. + +Montreal, 124, 137; as the capital, 86, 94; the riots in connection +with the passing of the Indemnity Bill, 120-1; the burning of the +Parliament Buildings, 124-7, 1; the attacks on Lord Elgin, 124-5, +128-9; the capital no more, 130; the Annexation Association, 134-5. + +Morin, A. N., Speaker of the Assembly, 102; his administration, 143. + +Municipal system of Canada, the, 55-6, 64; the Municipal Corporations +Act, 107-9; municipalities and railways, 145. + +Murdoch, T. W. C., secretary to Sydenham, 37. + + +Neilson, John, his policy of obstruction, 62, 68. + +Nelson, Robert, proclaims a Canadian republic, 29. + +Nelson, Wolfred, a Rebellion leader, 15, 93; his claim for indemnity, +119. + +New Brunswick, Sydenham's visit to, 52. + +Nova Scotia, the struggle for responsible government in, 51; the rise +of the colleges, 88-9; the fishery question, 149-50, 152. + + +O'Callaghan, E. B., a rebel leader, 104. + +Oliphant, Laurence, and the Reciprocity negotiations, 150, 152. + +Ontario, Sydenham's tour in, 53-4; its municipal system, 55, 64. See +Upper Canada. + +Orange Society, the, 87. + +Ottawa, the capital city, 130. + + +Papineau, D. B., 93. + +Papineau, L. J., takes refuge in France after Rebellion, 103-4; returns +to the House, claiming and receiving arrearage of salary as Speaker, +104; his uncompromising attitude towards the Union, 104-6, 118, 138, +141, 157; his retiral, 157, 106. + +Paquin, Father, petitions for indemnity, 112-13. + +Politics, the game of, 1-2, 67, 76, 77; an old-time election, 77-8. + + +Quebec, its municipal system, 55, 64; the seat of government, 137, 155. +See Lower Canada. + + +Railway building in Canada, 111-12, 144-5. + +Rebellion Losses Bill, the, 112-118, 132; the violent scenes in +connection with, 119-31. + +Reciprocity Treaty of 1854, the, 110-11, 147-55. + +Reform party, the, supports Sydenham, 38, 40, 60-1; the Clergy +Reserves, 47; opposes Bagot's coalition, 76; the struggle with +Metcalfe, 86, 90-3, 95; the Great Administration, 101; Liberals and +'Clear Grits,' 137-8; Liberal-Conservatives, 157-8. + +Registry Act, the, 56. + +Reid, Stuart J., on the authorship of Durham's Report, 20. + +Responsible Government: Durham's remedy, 24; Sydenham's campaign of +education, 41, 58-9, 67; Howe's achievement, 51; majority rule, 62-3, +79; the Executive beg-in to presume, 84; the difficulty of reconciling +with the colonial status, 84-5; placemen removed from Assembly, 87; +education of the democracy, 88; right of appointment, 90-91; the +difficulty of government with a small majority, 100; from colony to +free equal state, 161-2. + +Rouge party, the, 138. + +Russell, Lord John, colonial secretary, 32, 55. + + +Seigneurial tenure, 140-1, 155; abolished, 141. + +Sherwood, Henry, solicitor-general, 76. + +Special Council of Quebec, and Sydenham, 38, 49-50, 55, 56, 114-15. + +Strachan, Bishop, 69; and the Clergy Reserves, 46, 47; his crusade +against Baldwin's 'godless institution,' 90. + +Stuart, James, chief justice of Lower Canada, 37, 50. + +Sullivan, R. B., a Reform leader, 70, 77. + +Sydenham, Lord, 68. See Thomson. + + +Thomson, Charles Poulett, his early career and personality, 33-8; his +mission of Union of the Canadas, 38-40, 68; his responsible government +campaign of education, 41-2; the Clergy Reserves, 42, 47-8; on +political and financial conditions in Canada, 48-50, 32; his triumphal +progress, 50-4; his vision of Ontario, 54; Baron Sydenham, 54-5; +initiates Canada's municipal system, 55-6; the first Union Assembly, +58-9, 61, 63-4; the Baldwin incident, 60-1; majority rule, 62-3; his +five great works, 63-4; G.C.B., 59; his tragic and heroic end, 64-5. + +Toronto, 1; the founding of the University, 89-90, 106-7; scenes in +connection with the Indemnity Bill, 120-1; the seat of government, 137. + +Turton, Thomas, with Durham in Canada, 8. + + +Union Act of 1840, the, 54-5. + +United Empire Loyalists, the, 163. + +United States: American detestation of the British, 11-13; 'Hunters' +Lodges,' 25-28; her mistaken views regarding Canada, 121, 133-6; her +elective system of government, 138; her educational system, 139; the +Reciprocity Treaty with Canada, 147-8, 150-5, 110-11; the fishery +question, 148-50, 152; the Civil War, 148, 153, 154. + +University of Toronto, the founding of, 89-90, 106-7. + +Upper Canada: its political and financial state prior to Union, 23, +31-2, 38-9, 48-9, 114, 115; the execution of the Rebellion leaders, 30; +Opposition to Union, 33, 57; the terms of Union, 40; Clergy Reserves, +45; Sydenham's tour, 53-4; the rise of the colleges, 88-90; the +Metcalfe Crisis, 93. + + +Van Buren, President, and Durham, 13. + +Victoria, Queen, 75, 136. + +Viger, 'Beau,' 93. + +Von Shoultz, his chivalrous sacrifice, 27-8. + + +Wakefield, Edward Gibbon, with Durham, 8. + + + + + Printed by T. and A. Constable, Printers to His Majesty + at the Edinburgh University Press + + + + + + + + + +End of the Project Gutenberg EBook of The Winning of Popular Government, by +Archibald Macmechan + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WINNING OF POPULAR GOVERNMENT *** + +***** This file should be named 30470.txt or 30470.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/0/4/7/30470/ + +Produced by Al Haines + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/30470.zip b/30470.zip Binary files differnew file mode 100644 index 0000000..4939491 --- /dev/null +++ b/30470.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..33f5e77 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #30470 (https://www.gutenberg.org/ebooks/30470) |
