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1 2 3

4 5 6

THE HON. (AFTERWARDS SIR) FRANCIS HINCKS.

m**»»^»^

LORD DURHAM.

■H

THE LAST FORTY YEARS.

Chapter I.

LORD DURHAM.

" No episode in our political history is more replete with warning to honest and public-
spirited men, wlio, in seeking to serve their country, forget what is due to their own
interests and their own security, than the story of Lord Durliain. He accepted the

Governorship of Canada during a supreme crisis in the affairs of that colony

From his political opponents, in the place of generous forbearance, he met with unre-
mitting persecution ; and as for the character of the support which he obtained from those
ministers who had themselves placed him in the forefront of the battle, it is more becoming
to leave it for Tory historians to recount the tale."— Geouuk Otto Trkvelvan. Life and
Letters of Macaulay.

NE day, towards the end of the month of July, 1840, an
English nobleman lay dying at Cowes, in the Isle of
Wight. It had long been evident to those about him
that his days were numbered. He came of an energetic,
yet withal a somewhat short-lived race, and had inherited
a feeble constitution, combined with a soaring but capri-
cious ambition, an irritable temper, a morbid egotism, and a fondness
for hard work. He had from his boyhood suffered from an
ungovernable tendency to fretfulness and worry, and an utter
incapacity for possessing his soul in patience whenever his too
susceptible nature was wounded. These incongruous conditions
had brought about their legitimate results, and the Right Honour-
able John George Lambton, first Earl of Durham, lay racked

Tlic Last Forty Years.

with pain of mind and body, with the sands of his life rapidly
running themselves out. His physicians had advised him a few
weeks before to try the effect of the balmy breezes of southern
France. His Lordship well knew what such advice meant in the
present instance. It simply meant that his physicians were at
the end of their resources, and that his exhausted system woidd
no longer respond to their nostrums. Thenceforth he knew that
his length of days would simply depend upon how much more
his overstrained nervous ormmization misrht be able to en<lure.
He was able to gauge his own powers of endurance pretty
«,ccurately, and he felt that his life's work was over. He had
resolved, however, to act upon the suggestion of his medical advisers,
and, without even paying a farewell visit to his princely home in
the north — an abode well fitted, both inside and out, o rank among
the stately homes of England — he had set forth from his Town-house
in Hill Sti'eet, Berkeley Square, for the continent. As matter of
fact, he was not fit to travel, even after the luxurious ffishion which
was his wont. Upon his arrival at Southampton he found himself
so weak as scarcely to be able to stand alone. A trembling of the
limbs and a fluttering of the heart warned him of his unfitness for
any further exertion. A rough and heavy sea came rolling in from
the Channel, and it was evident that the ])assage on that day would
be even more than usually trying to a sensitive and debilitated frame.
Further progress must for the time be abandoned. As the event
provetl, the abandonment was final. After resting for a day, the
invalid passed over to Cowes.not without hope that there, perad ven-
ture, he might regain sufficient strength to enable him to resume his
journey.

The hope proved fallacious. His vital forces were exhausted.
His petulance — for his Lordship tvas petulant, and had, as has been
intimated, a high temper of his own — was never again to disturb
the peace of mind of his august father-in-law, nor even of his

Lord Durham.

peritonal attendants. He never regained sufficient vigour even to
berate his valet. On the 2()th of the month his physician-in-chief
was summoned for the last time, and gave it as his opinion that his
Lordship would not live to see the light of another day. "Then,"
said the dying man, with playful melancholy, " the legend is true,
and I shall not die at Lambton."* After a jiause, he added in a
faint voice : " I would fain hope I have not lived altogether in vain.
Whatever the Tories may say, the Canadians will one day do justice
to my memory." The remark about his not dying at Lambton
had reference to a phase of an old legend which ])redicted that for
an indetiirminate number of generations no head of the house of
Lambton should die at home. The projjhecy had been uttered as far
back as the days of the Crusades, and was devoutly believed by the
peasantry in the neighbourhood of Lambton during the early 3'cars
of the present century. It is probably not wholly discredited by
them even at the present day, notwithstanding that the historical
records of the family establish beyond dispute that some leading
representatives of the race have died comfortably at home. We can
afford, at this distance of time, to smile at his Lordship's reference
to the weird family legend of the Worm of Lambton ; "f but his
allusion to his Canadian mission has an ever-living interest for the
people of this Dominion. Canadians of all shades of political con-
viction — whether Tories, Liberal-Conservatives, Grits or Reformers
— have long since done justice to his memory.

The physician's prediction overshot the mark. Lord Durham
lingei-ed till the 28th of the month, when he breathed his last. He
was only foity-eiglit yearb and three months old. He had gained a
very high political leputati'^n, and if life and health had been spared

•Lambton Custle, the fiuiiily seat, situated in one ot the most picturesque districts in
the county of Durham.

t For an intere.stinj,' account of this queer old-time legend, see Hewitt's " Visits to
Eemarkable Places," Second Series, pp. 1C2-IG6.

'■ I

llie Last Forty Yeai's.

1 li

to him he would doubtless have left a name as widely known to
posterity as it was to his contemporaries. " Canada has been the
death of him," remarked John Stuart Mill, when intelligence of his
Lordship's demise reached London. The saying was in a great
measure true. Probably Lord Durham would not under the most
favourable conditions have attained to a patriarchal age, but he
might well have lived a few years longer than he did if he had kept
clear of )litics. Lord Brougham, and — above all — Canada.

To ke» ^^> clear of politics, however, would have been no easy task
for the son of William Henry Lambton. This gentleman was in his
day a very conspicuous and influential member of the Whig party.
He for many years sat in the House of Commons for the city of
Durham, and was known to hold very advanced opinions upon
many subjects altogether unconnected with politics. He was a
pei'sonal friend and staunch political ally of Charles James Fox.
Trained by such a father, and in such a school, it is not to be wondered
at if John George Lambton was a Liberal of the Liberals, not only
by right of descent, but by right of conviction. As he grew up
to manhood he began to display a keen interest in politics. He
developed many statesmanlike qualities, and the breadth of his
views seemed to some of his contemporaries almost like inspiration
in one of his rank. He sometimes startled even his father by the
boldness of his speculations on human equality and popu.ar rights.
He was well versed in the literature of politics, and in addition to
great natural ability was possessed of much acquired knowledge.
Unfortunately, he also displayed qualities which threatened to
seriously interfere with his usefulness as a public man. He seems
to have had an uncommonly sharp and bright, but rather ill-
balanced, intellect. He sometimes did extravagant things, and was
slow to admit an error. He was aggressive and pertinacious, strong
in his likes and dislikes, and very deticient in tact. With, all his
faults, however, he was a man of great intellectual vigour, of

.;-4^

Lord Durham.

decided opinions, and honourable ambition. He entered the House
of Commons for the county of Durham when he was only twenty-
one years of age, and soon mt. le himself a conspicuous figure there
by his advanced political views, as well as by his denunciations of
the non-progressive party in power. He could make a very scathing
speech, and was always ready for attack. The Liberals recognized
his abilities, and began to look upon him as their rising hope. He
materially strengthened his position with his party by his marriage,
in 181G, to the eldest daughter of Earl Grey. His influence from
that time forward rapidly grew, until he was one of the foremost
men in English public life. He introduced into Parliament various
measures of radical reform ; among them a Bill which, had it passed,
would have left the famous measure of 1832 far behind. In 1828
he was raised to the peerage by the title of Baron Durham. Upon
the formation of his father-in-law's Ministry, in 1830, he accepted
office as Lord Privy Seal. He had a share in the preparation of the
Reform Bill, but owing to ill-health and domestic calamity his part
in the ensuing debates was less conspicuous than it would otherwise
have been. In 1883 he resigned office, and was created Viscount
Lambton and Earl of Durham. As a Cabinet Minister he was
not popular with his colleagues, owing to his frequent ebullitions
of temper, and the incisive sharpness of his tongue. The private
memoirs rnd correspondence of the period abound with instances
of his petulance and want of self-control. Lord Grey was very
frequently the object of his attacks, and the decorous, well-
meaning Prime Minister was wont to quail at the frown of his
impetuous and unconventional son-in-law, who at times seemed to
take a positive delight in courting antagonism.* His jjrominent

• "December 4th, 18.'U.— Dined with Talleyrand yesterday. He complained to me of
Durham's return, and of Sa fane«te intliience sur Lord Grey.'"— 2'/i(' Un'viHe Memoirs,
Cliap. XVI.— "December Uth. — George Bentinck toUl me thin evening of a scene which
had been related to him by the Duke of Richmond, that lately took place at u Cabinet

The Last Forty Years.

posil 'on in the ranks of the Liberal jiarty made him an object
of antipathy to Lord Brougham, Avho could not bear that any other
man than himself should be considered of much account there.
Lord Durham was ready enough to retort the antipathy, and at a
banquet given to Lord Grey by the Reformers of Edinburgh, in
1834, made a speech in reply to his antagonist, which thencefor-

tlinner ; it was very soon after Durliam's return from abroad. He was furious at the
negotiations and question of compromise (on tlie subject of the Reform Bill). Lord Grey
is always the object of his r.age and impertinence, because he is the only person whom he
dares attack. After dinner he made a violent sortie on Lord Grey (it was at Althorp's),
said he would be eternally disgraced if he suffered any alterations to be made in this Bill,
that he was a betrayer of the cause, and, among other things, reproached him with having
kept him in town on account of this Bill in the summer, ' and thereby having been the
cause of the death of his son.' Richmond said in his life he never witnessed so painful a
scene, or one which excited such disgust and indignation in every member of the Cabinet.
Lord Grey was ready to burst into tears, said he would much rather work in the coal-
mines than be subject to such attacks, on which the other muttered, 'and you might do
worse,' or some such words. After this Durham got up and left the room. Lord Grey
very soon retired too, when the other Ministers discussed this extraordinary scene, and
considered what steps they ought to take. They thought at first that they should require
Durham to made a public apology (i.e., before all of them) to Lord Grey for his imperti-
nence, which they deemed due to them as he was their he.ad, and to Althorp as having
occurred in his house, but as they thought it was quite certain that Durham would resign
the next morning, and that liord Grey might be pained at another scene, they forbore to
exact this. However, Durham did not resign ; he absented himself for some days from
the Cabinet, at last returned as if nothing had happened, and there he goes on as usual.
But they are so thoroughly disgusted, and resolved to oppose him, that his influence is
greatly impaired. Still, his power of mischief and annoyance is considerable. Lord
Grey siiccumbs to him, and they say in sjiite of his behaviour is very much attacheil to
',.>Ti, though so incessantly worried that his health visibly siiffers by his [iresence. There
is nothing in which he does not meddle. The Reform Bill he had a principal hand in
concocting, and ho fancies himself the only man competent to manage our foreign rela-
tions. ^Melbourne, who was present at the scene, said, ' If I had been Lord (Jrey I
would have knocked him down.'" — lb. — "We had a dreadful scene at my Caliinet
dinner yesterday, which will probably lead to very detrimental conaeqiiences for the
moment. Durham made the most brutal attack on Lord Grey I ever heard in my
life, and I conclude will certainly resign. He will put this upon alterations in the Bill —
most unfairly — because there is no .alteration of any consequence in tlie main principle,
and I doubt whether lie knows anything about tlie alterations, as he will not allow any-
body to tell him what they are. But if he resigns on this ground it will l)re,ak up the
Government."— //(■«(>• /'/•oHi Viscuiint Althorp to Earl Spencer, iiUth December, JS.JI, quoted
in Le Marchant's Memoir of John Charles Vitcount Althorp, Third. Earl Spencer, pp. 374,
375. For a further characteristic reference to Lord Durham's violent temper, see The
Oreville Memoirs, Chap. XIX., under date of November 27th, 18;5U.

Lord Durham.

ward rendered tlie enmity between them o, ^e of intense and caustic
bitterness. Brouf^ham was a savage and unsparing foe, and bided
his time, which did not arrive until after the lapse of several years.
When it did arrive it was taken easier advantage of, and there can
be no reasonable doubt that the fierce opposition to Lord Durham
which was set on foot by Lord Brougham had the effect of shortening
the former's life.

Brougham's opportunity came to him in connection with the
disturbed state of affairs in Canada. The troubles in that colony,
which had long been gathering to a head, culminated, in 1837
and 1838, in open rebellion. In the Upper Province, the move-
ment, though by no means so insignificant an affair as it has
sometimes been pronounced to have been, was not widespread,
and did not long present any obstacle to the local authorities.
In Lower Canada the case was otherwise. Mr. Pa|iineau and
other popular leaders had roused the unlettered French Canadian
population to frenzy. They were not only opposed to the Govern-
ment, but to the Constitution, as established in 1791. Happily it
is not necessary to go very deeply into the merits of this conflict in
the present work. A brief outline of the events which produced it
would seem, hovrever, to be desirable.

By the Treaty of Paris, concluded on the 10th of February, 17G3,
all the French possessions in North America, with certain insignifi-
cant exceptions, were surrendered to Great Britain, and Canada,
with a population of nearly 70,000, became a British colony. It
was stipulated on the part of the surrendering power, and assented
to on behalf of Great B'-itain, that the French colonists, who made
up nearly the entire population, should enjoy the free exercise of
the Roman Catholic religion and all their former religious privileges
so far as the laws and constitution of England permitted. A royal
proclamation was issued during the same year,* whereby the law of

• Ou the 7th of October.

^■.T

saam

The Last Forty Years.

England, civil as well as criminal, was introduced into the colony in
general terms. Tlie purely military rule which had prevailed since
the Conquest was somewhat i-elaxed. By degrees tranquillity was
restored throughout the land, although the introduction of the law
and language of England was very distasteful to the French Cana-
dians. A tide of immigration, not very strong at first, but steadily
increasing, set in from the British Isles. It was not until the
passing of the Quebec Act, in 1774, that anything approaching
to a constitutional sysitem of government was introduced. By that
Act — the merits whereof need not be discussed in these pages* —
provision was made for the appointment by the Crown of a Council,
with power to make ordinances, with the consent of the Governor,
for the peace, welfare and good government of the colony. The
proclamation of 17G3 Wiis revoked, and it was enacted that in all
matters relating to civil rights, and the enjoyment of property,
customs and usages, the old French law which had been i force
before the Conquest should prevail. In criminal proceedings the
law of England was retained. The power given to the Governor
and Council to alter the law in civil matters was subsequently
exercised by tlie promulgation of divers ordinances, whereby, among
other important changes, the Habeas Corpus Act and trial by jury
were introduced. The most perfect toleration of the Roman
Catholic religion was, as formerly, guaranteed to the French Cana-
dian colonists. The Quebec Act came into operation in the month
of October, 1774, and remained in force until the 2Gth of December,
1791, an interval embracing about seventeen years, during which
the American colonies now forming the United States of America
threw off the yoke of the mother country, and achieved their
independence. One result of that independence was the spread

• For a critical and readable exposition of the merits and defects of this statute, the
reader is referred to the fourth chapter of Mr. S. J. Watson's valuable little work entitled
"The Constitutional History of Canad.*."

Lord Durham.

of republican and revolutionary ideas, not on this continent
alone, but throughout Europe. Another result was the settlement
in Canada of a great many loyalist refugees from the revolted
colonies. These refugees have gained a conspicuous place in our
history under the name of United Empire Loyalists. They were
ultra-British in feeling, and French manners and customs were not
congenial to them. In no great space of time some thousands of them
found their way to what subsequently became Upper Canada, where
liberal grants of land were made to them, and where, under their
auspices, the country soon began to emerge from the condition of a
primitive wilderness into that of a thriving and prosperous domain.
Man'"' British immigrants also settled in various parts of Canada.
Most of them repaired to the Upper Province, but not a few settled
down among the French Canadian population, more especially in
the cities of Montreal and Quebec. It was noticeable that the
representatives of the two nationalities were as incongruous as oil
and water, and would not mix. Eventually a " British Party " arose,
the policy and .sympathies of Avhich were diametrically opposed
to those of the native population. They had as little in common as
different races of civilized mankind livincf in a common neighbour-
hood very well could have. The Custom of Paris and the Edicts
of the French Kings and the colonial Intendants were utterly dis-
tasteful to the British colonists. Trial by jury and other regula-
tions peculiar to the law of England were equally repiignant to the
French Canadians. The latter were of the Roman Catholic religion,
whereas the British wore generally Protestants. Thus two hostile
elements grew up and were'fostered side by side. Various petitions
were from time to time presented to the Imperial authorities, with a
view to the removal of some of these anomalies, and finally the Con-
stitutional Act of 1791 was passed, whereby the power of legislation
previously granted to the Governor and Council was taken away,
and the Province of Quebec was divided into the two Provinces of

Tlte Last Forty Years.

U[)per and Lower Canada, a separate constitution and a representa-
tive form of Government being granted to each. To each Province
was assifjned a Legislature, consist! n'j of a Governor or Lieutenant-
Governoi", appointed by the Crown, and responsible to the Crown
alone ; a Legislative Council, the members whereof were also
appointed by the Crown for life ; and a Legislative Assembly elected
by the freeholders. The property qualification for an elector was
place so low as almost to constitute universal suffrage. Thus a
simulacrum of the English Constitution was introduced into Canada,
the Governor representing the Sovereign, the Council representing
the House of Lords,* and the Assembly the House of Commons.
The Constitutional Act of 1791, as will have been understood
from the foregoing account, introduced a totally different order of
things from that which had prevailed under the Quebec Act ; and
from this time forward the Provinces were distinct in name, as tiiey
had already become in fact.-f- The object of making the division was

* Ir. the case of the Legislative Council the Crown was authorized to make the seats in
it hereditary, and to annex hereditary titles to them. The Crown was wise enough not to
act upon the atithority, and we have thus far had no "hereditary nobility" in Canada
since the Conque.-it. During the discussion of the measure in the House of Commons, Mr.
Fox remarked that he saw nothing so good in hereditary powers and honours as to incline
the House to introduce them into a coinitry where they were unknown, and by such
means distinguisli Canada from all the colonies on the other side of the Atlantic. He
added that in countries where they made a part of the c(mstitution he did not think it
wise to destroy them, but to give birth and life to such principles in countries where they
did not already exist appeared to him to be exceedingly unwise. — See the Parliamentary
debates of the period.

t "The marvellous political prescience of Charles .James Fox was never, perhaps, so
truly and so sadly exemplified as in the objections which lie raised (in the House of Com-
mons) against the Constitutional Act. The greatest Liberal of his age seemed to stand,
as it were, upon the mountain peak of the constitution, and project his vision, clear with
the light of political prophecy, forth like an arrow's flight, right into the far and misty
Future. Almost everything to which he took exception proved, in the after years of
Canadian history, a source of heartburning to the people, and of imminent peril to the
State. He oppr legislative Council nominated by the Crown ; the appro[)riation of

the public lands tor ecclesiastical purjioses ; the division of the Province, and the conse-
quent isolation of the inh.ibitants of both races. The first two of those questions were
destined, for over half a century, to be the political plagues of Canada, and the chronic

Lord Durham.

to separate the two races, and to prevent their fusion, It was
hoped that by this means the Upper Province might be kept
wholly British, and the Lower Province wholly French. The hope,
so fai at least as Lower Canada was concerned, was not realized, for
there was a considerable British element in that Province which
refused to be denuded of its nationality at the bidding of any Act
of Parliament.

In each Province the custom, sanctioned by the Imperial
Government, came into vogue of governing by means of a body
of men known as the Executive Council. The members of this
Council were appointed by the Governor, acting on behalf of
the Crown, and were chosen as his judgment, predilection or
caprice might direct. They were generally taken from the ranks
of the judges, salaried officials, and members of the Legislative
Council. Their functions consisted of advising the Governor on all
matters as to which he might deem it expedient to ask their advice.
They were not supposed to be consulted on mere appointments to
office, but only on grave matters, or matters of a quasi-judicial
charactei'. In point of fact, however, chey practically ruled the
land, though they were not responsible either to the Governor or
to either branch of the Legislature. They were, in a word, a wholly
independent and irresponsible body — a junto of oligarchs who,
however odious and tyiannical they might become, could not be
punished or brought to account for their conduct.

The population of Canada, at the time of the division of the
Provinces, was about 200,000,* whereof Upper Canada contained

perplexity of great Britain. The third question is left to Time, the great alchemist who
transmutes, in his slow, creative laboratory, the elements! of doubt and danger of to-day
into forces of safety in the hereafter." — The Comtitutional HUtory of Canada, by Samuel
James Watson, Vol. I., p. 120.

• According to a census of the Province of Quebec taken in 1790 the population was
then 224,406, but there is good reason for believing that the enumertition was much too
large. See Smith's History of Canada, Vol. II. See also, "A Cry from Quebec " (a
pamphlet published at Montreal in 1809), p. 17.

The Last Forty Years.

considerably leas than one-sixth. In the Lower Province the
proportion of British to French inhabitants was very small. The
proportion, however, steadily increased, and in 1793 the Home
Government appointed an Anglican bishop of Quebec, in the person
of Dr. Jacob Mountain, In 1804 an Anjjlican cathedral, built on
the site of the ancient church and convent of the Recollets, was
consecrated at Quebec. This aroused a certain amount of jealousy
and ill feeling on the part of the Roman Catholic population. There
were attempts at proselytism on both sides. Owing, in great
measuie, to Bishop Mountain's influence, a statute was passed pro-
viding . 1- the establishment of free schools throughout the Lower
Canadian parishes, to be maintained from the funds of the Jesuits.
The carrying out of this project was opposed by the Roman Catholic
clergy with such determination that it was almost entirely frustrated.
The divergence of feeling between the two elements in the popula-
tion became wider and wider, and was increased by the mischievous
efforts of demagogues on both sides. In the year 18()G the publica-
tion of a newspaper in the French language was begun at Quebec, for
the express purpose of holding the British population up to contumely.
Much frothy bombast was written and spoken, and the irresponsible
oligarchy incited the Governor to various unwise and despotic acts
against the French Canadians. A so-called " Reign of Teiror "
set in, and the aspect of affairs was dark and threatening. The
American invasion of 1812 interrupted these unseemly squabbles,
and both sections of the people united in repelling the invader.
The French Canadians fought in defence of their country not less
valiantly tlian the English, Scotch, and Irish, and the name of the
gallant hero of Chateauguay will go down to posterity side by
side with that of the hero of Queenston Heights. But no sooner
was peace restored than the internal troubles reappeared in both
Provinces, and erelong began to assume a moro serious aspect than
before. The French Canadians still retained many of the old-world

Lord Dicrham.

customs and notion < which had formerly prevailed in France, but
which had been swei)t away there by the Revolution. They looked
with jealous}'- and distrust upon all attempts to introduce a different
oi'der of things, and more especially npon attempts to give ad-
ditional power to the British population. But there were still graver
and more extended sources of disquiet. In both Provinces the repre-
sentative branch of the Legislature began to be frequently at issue
with the executive. The Canadian constitution was confessedly
modelled upon that of Great Britain, but in Canada the executive
declined to act as its prototype in England would have done upon
finding itself out of harmony with the popular branch of the
Legislature. Here, the placemen who made up the executive refused
to surrender their power, patronage and emoluments at the bidding
of the Assembly, and declined to admit the analogy between their
position and that of the executive at home. When the principle
of executive responsibility was propounded, they scouted and
denounced it as a democratic sophism unworthy of serious consi-
deration. This was the beginning of the discussion, energetically
waged and long maintained, on the vexed question of Responsible
Government. Long impunity, and the countenance of successive
Governors, made the executive very bold, and in process of time
the want of unison between the latter and the Assembly came
to be regarded by those in authority as a very insignificant
matter. This involved constant hostility and irritation between
the Assembly and the Government. The popular leaders in the
Assembly of the Lower Province were driven farther in the direction
of opposition and radicalism than they would otherwise have felt
disposed to travel. By their influence the Assembly was induced
to pass various measures to curtail the prerogative. It was evident
that to such a strife as this an end must come sooner or later, and
what that end would be was not doubtful. The foundations of the
constitution must give way. The Government then appears to have

The Last Forty Years.

conceived the idea of interposing the Legislative Council between
itself and the Assembly, and in pursuance of this policy appointed
to that Council persons who were bitterly hostile to the leaders in
the jiopular body. The result was frequent and violent collision
between these two branches of the Legislature. The opposition
became almost inconceivably factious, and in some instances measures
were passed by the Assembly for no other pui'pose than to induce
their rejection by the Council. In 1828 the discontent of the
people was expressed in a petition of grievances addressed to the
king, to which petition 87,000 names were appended. Many crying
evils were pointed out, and a clause was inserted praying that the
Legislative Council mioht be made elective. Delegates were sent
across the Atlantic to lay the petition at the feet of His Majesty
King George IV. The matter was referred to a Committee, which
recommended certain reforms, the carrying out of which did some-
thing to temporarily allay public irritation; but the system of
appointing Legislative Councillors remained unchanged, and it
was not long ere the popular discontent M'^as greater than ever.
There were also serious misunderstandings between the two
Provinces on financial and other questions. The pi'oportion of
import duties to which each Province was justly entitled was a
frequent bone of contention. At last the Assembly of Lower Canada
resorted to the extreme measure of stopping the sujjplies. The ex-
ample was followed, in 183G, by the Assembly of the Upper Province.
In each case the Government got over the dilemma by appropriating
such public funds as were at the Crown's disposal. Then came the
rebellicm.

It was evident to the Imperial authorities that some change in the
Canadian constitution was imperatively required. Their weak but
well-meant eflbrts to govern the colony in accordance with the popu-
lar will had thus far proved wholly ineffectual. The condition of
affairs was much more serious in the Lower than in the Upper Prov-

Lord DarhaTn.

ince. In the latter the great mass of the people were loyal subjects,
and though many of them had been goaded into rebellion by the
domination of the Family Compact and the unwise administration
of avbitraiy Lieutenant-Governors, there had been no widespread
desire to throw off tlu British yoke. The local militia and volun-
teers had been found fully equal to the task of putting down the
attempted insurrection. Very different was the case in Lower
Canada, v/hore a large majority of the people had long been disaf-
fected and ripe for revolt. Regular troops were called into requisi-
tion. Several conflicts took place which might almost be dignified
by the name of pitched battles, and there was consiilerable etFiision
of blood. Sir John Colborne, who had charge of the military, was
an old Peninsular campaigner who had fought at Waterloo. He did
not believe in playing with revolution, and put it down with a con-
siderable degree of severity. It is doubtful if there was ever the
remotest prospect of success for the rebels, even in the Lower Prov-
ince, but the outbreak there was at all events of a character not to
be despised. The Imperial authorities found it necessary, in the
month of February, 1838, to suspend the constitution of Lower
Canada. It was well understood that the crisis was one calling for
immediate action. It was even apprehended that the rebellion
might not be confined to the two Canadas, for there was much
excitement in the Maritime Provinces, and an outbreak there was
regarded as among the possibilities of the near future. The plan
finally determined upon by the Home Government was to send out a
high functionary to Canada armed with extraordinary powers, to
report upon the condition arid requirements of the country, civil and
political. The Government would thus acquire an accurate know-
ledge of the existing state of affairs, and would be in a position to
inaugurate useful legislation — a task by no means easy of accomplish-
ment in the face of such contradictory information as had reached
them from Toronto, Quebec, and Montreal.

The Last Forty Years.

The statesman fixed upon to luulertake this important mission
was Lord Durham. His Parliamentary experience and his famili-
arity with matters of admiuistratioii, conjoined with his great
abilities and his decided opinions in favour of popular rights,
eminently fitted him for such an undertaking. His inKrmities of
temper and want of self-control do not seem to have entered into
the calculations of the Ministry.

On the 22nd "of January, 1838, Lord John Russell, leader of the
Government party in the House of Commons, announced in that
chamber that Her Majesty had been pleased to entrust the conduct
of the Canadian inquiry and report, with the high powers implied in
the appointment, to Lord Durham ; and accordingly his Lordship was
duly appointed High Commissioner, with very full authority, as well
as Governor-General of British North America. His mission was a
comprehensive one, but its principal object was the adjustment of
" certain important questions depending in the Provinces of Lower
and Upper Canada." He proceeded across the Atlantic, and reached
Quebec towards the close of May. He addressed himself to the object
of his mission with characteristic energy, and spent a little more
than five months in Canada. He adopted Avhat Bassanio calls " a
swelling port," and travelled about the country in a fashion almost
regal. He deemed himself to have been clothed with the powers
of a dictator, and conducted himself accordingly. The Canada Bill,
however, had been shorn of many of its original features during its
passage through Parliament, and the High Commissioner's powers
had been considerably curtailed in the process. Lord Durham de-
meaned himself as though he felt untrammelled by the laws which
govern ordinary mortals, and altogether independent of authority,
whether Imperial, colonial, or other. It is difficult to draw the
line at the precise spot where he overstepped the bounds of the
authority wherewith he had been entrusted, but it is impossible to
deny that some of his acts were wholly beyond the scope of his

Lord Durham.

powers. Ono of the most harassing problems which stared him in
the face was how to dispose of the rebel prisoners, large numbers of
whom lay in gaol at Montreal and elsewhere in the Lower Province
under charges of high treason. These prisoners had not been tried.
To try them in the regular manner would have involved great cost,
long delay, and an \iltimate miscarriage of justice. If the ordinary
course of procedure had been resorted to it would have been im-
possible to secure convictions, inasmuch as the jurymen would have
been chiefly drawn from the ranks of those who sympathized with
the rt'\)ellion. Such jurymen would never have found a verdict of
guilty against their unhappy fellow-countrymen, who had done no
more than they themselves had felt inclined to do. True, it would
have been practicable to obtain packed juries — a device not wholly
unknown in Lower Canada under some of Lord Dui'ham's predeces-
sors. But his Lordship, notwithstanding certain defects of temper
and constitution, was a high-minded man. To one so constituted
the packing of juries for any purpose whatevei' is an odious task, and
in the jiarticular case under consideration such a ])roceeding would
simply have been judicial murder. It Avould have been most
impolitic, however, to bid the rebels go fi'ee, without axiy mark
of condemnation. Although they had never been tried, their
connection with the rebellious movement was a matter be^ and
dispute. The most effectual remedy seemed to his Lordship to
be the proclamation of a general amnesty, with exceptions in case
of the ringleaders ; and this course was finally adopted. By the Im-
perifd Act whereby the colonial constitution had been sus|)ended,
temporary provision for the government of Lower Canada had been
made by the creation of a Special Council, the decrees whereof
were to have the same effect as Legislative enactments ordinarily
have. This Council had been summoned by Sir John Colborne,
Lord Durham's predecessor in the government of Canada, about six
weeks before the latter's arrival in the colony. The Councillors,
8

The Litsf Fori II Yt'avt^.

however, had boon notillod l»y Sir Jolm Ci)lbanio that thoir appi)int-
mont wjvs merely provisional, and that his sucoossor would enter
on the dis('har<j;e of his duties unfottored as io the ehoice of (.Council-
lors. liuMuvliatcly aft(>r his arrival Lord Durham dissolv(>d this
provisional C'ouncil, and npitointed a new one on his own account,
which was larij;ely coiii|H)sed of nienibers of his own staff. This
stop, wliioh was afterwards made a ground of otfonco against him
by some of his enemies, was in rt-ality a wise proceeding, and tended
at the time to inspire additional conliilonoe in liis Adnnnistration on
tlio part of loyal subjects. Varii)us conunissions were then i;rgan-
i/ed, to inipiire into the state of education, nuuilcipal institutii)ns,
Crown lands, and iuunigration. An accurate return of the ndtel
prisoners was oWtained, and then the great problem was dealt
with after a truly original and high-haiided fjusluon. His Kxeel-
lei\ey opened negotiations with Wolfreil Nelson, K. S. M. Houehette,
and other personages who had taktMi a leading [tart in the in-
surrectionary movements, and reei>i\ed from them a connnunieation
ill which they placed themst'lves entirely at Ins liordship's disposal,
and pra\t>d that the peace of the couidiy might not l)t> endangered
by a. trial. Their prayer was granted. 'I'liey wei-e without any
fornnda of trial placed on board ller Majesty's steainsliip Vcxtal,
and tiansported to Hernnida. and the penalty of death was
pronounced against then\ in case of thoir return to t'anada
without permission from the governor or other person adminis-
tering the (iovernmont on behalf of Her Majesty. With resp(>ct to
Louis tlo.seph I'apineau, Dr. Ot'allaghan, (n'orgi» Ktieinu> ('artier,
and other persons to the nniidtor (in all) of si.vtoiMi, who had tied
Irom th(> Province to avoid the conseipiences o\' tludr tri>asonable
acts, a similar penalty was proiiouuced in case of their nnauthori/i'd
return. A general amnesty was pronounced with resj)ect to ali
other poisons who had participated iti th(^ movement, with the
exception of those who hatl been concerned in the nuiider of

Lord Ihir/uim.

Lu'utonaut Woir ami Josoph rhartniml.* Tlu>so lattor woiv tivatod
tus munloivrs, who had no right to oxpoct tlie oloiuoncy »luo to
luortj robols.

Such was tho purport of tho ordiiiamv, datotl the !2Stli of Juno,
iS.'5»S, whu'h was do;.tint>d to lnim; down upon Lord nurhaui's
dovotod hoad tho thundt>rs of his onoiuios on hotli sldos of tho
Atlantic. l>rouj;hani, who, sinoo tho lvlinburi;;h bautpiot, had
ouuttod no opportunity of din'rvini; him, and of sjn'sikiui^ with
c'ontomjit of his Jojinio stati>smanship, s^inK'd r.p his loins for an
ai'iinioiuous attack in tho llouso of Lords. That (lu> lliL,'h C\un-
nussiom-r had rondored himself poculiarly opt>!i to attai-k was
un(U>ul)tiHl. Ilo had ni'tod witli an arbitrary indopondonot* ol' thf
t>rdinarv forms of law suoh as fi>w por-sona in his position would
luivi> vonturod upon. Ilo had, iss has boon soon, dissolvotl tho
Spoolal Ci>unoil in oxisti>nee at tho timo of his arrival in t'anada,
and had substitiitod for it a luuly whioh was luoroly tho t>oho oi' his
i>wn vi>ioo. Ho had, in somo of his proolauuitions, ailoptod a tttno
whioh smaokod strouijly of tho autocrat. Ilo had assooiati>d himself
with, and had ovon taken into his intimato conlld.onoo, persons
wlioso moral ri>putations woro not .savoury. Ilo had couthu'tod his
mission with a ci)stly ostentation. Mon> than all, he hail banished
Hritish subjects witliout any fi>rm of trial, and had transpi>rtetl
tluMu to a colony o' or which he liad no numni'r o( authority. .\nd
he luul adjudj^iHl that those Hritish subjects, who had not boon
o«)nvioted of any otfonoo, should bo punished with death if they

• Weir wan » ymiiitf oWoer t>f tht' .H'Jjul lii-Kiiiioitt who, (m the 2'h\i\ of Novpinlwr, 18;17,
wiiN Ht'Ut fi'diii Mmitrt'itl witli ili'spatrlios to tho otliivr in i-»iiiiu;iuil ikt Sorol. I'pciii iiiM
luiiMil at Ills ili'suiiiiti.m li<> fimml that the tri>ti|w iuid iimn-ln'il to St. t'liiulos. Iln
i»iviiiiliu>;ly Ktuitfil for lliat |>iac(', Imt was i-apturt'il on tlu' way by somo oi l>r. Ni'luon's
nodiils, wlio ilotaiiii'il liiin im n |irii*oiu<r. Ui- „iw ti-<<Htt<il with jioi-ftn't kimlitPMi* l>y lh»
Kikllant IVu'tcr, Imt wan liarlianuiNly Hlain l>y liin fjiianls n\w\\ attoiuiitin^' ti> mako \n»
e^'apo. l'"or full pattii'iilars of tKiM traiisai'ti'on, hi'«< (Miiistic'ii " lliKtory of l.owtM'
Cimada," \'ol, 1\'., p. .">1(! (Y .«m/. Si" aUo N'ol, \'., p. ;I(>'J il ati/. Kor lui lu-iMiint iif tlio
luuiilor of Joaojili Aruuuul <<ir C'Idutriuul, »oo Vol. \'. of tliu Hunut work, pp. I'lX! '2V2.

The Last Forty Years.

ventured to return to Canada without express permission. It will
thus be seen that there were abundant technical grounds for
arraigning his policy. But Lord Durham was by no means without
moral justification, even for the most high-handed of his proceed-
ings. Upon landing in Canada he found himself in a position
without precede nt, where grave interests were involved, and where
much must necessarily be left to his own motion. Under such
circumstances, if anything approaching to an average discretion be
used, public opinion has no right to hold the person exercising it
amenable to strict rules of law. Lord Durham did what he and
his advisers honestly believed to be for the best, although he and
they well knew that he was going beyond the letter of the authority
wherewith he had been invested. And herein lay the weakness of
his position. He had, as it was said, knowingly set himself above
the law. Brougham, Lyndhurst, EUenborough, and other prominent
members of the House of Lords inveighed mercilessly against him.
The Government, for a time, defended him in a weak, half-hearted
fashion, but they were not strong enough to stand the pressure
brought to bear against them, and gave way. Lord Melbourne,
First Minister, on the 10th of August, announced to the House of
Lords the Government's determination. He admitted the informality
of that part of Lord Durham's ordinance wliich applied to Bermuda,
and stated that as it would be illegal to adopt part of the ordinance
and disallow the remainder, he had resolved to advise its total dis-
allowance. A Bill of Indemnity, pi-otecting those who had issued
and acted on the disallowed ordinance from any penalty therefor,
was then passed through Parliament. In the course of the debates
in the Commons, Lord John Russtdl gave utterance to a few manly
words with reference to Lord Durham. He expressed a hope that
his Lordship would still consider himself bound to continue his
services to his country, in spite of the attacks upon him, and of the
obloquy attempted to be thrown upon his conduct. " The treatment

Lord Durham.

he has received," observed Lord John, " is certainly far different
from what he was entitled to expect after his appeal lo the generous
forbeai'ance even of his political opponents. If the Canadian
Provinces be happily preserved to us : if Lord Durham be able to
restore tranquillity and good order, without infliction of the punish-
ment of death, and to reestablish a free constitution not only
unimpaired but improved, he need cf.re for no violence or invective,
for no accumulation of charges, for no refinement of sophistry, for
no bitterness of sarcasm accompanied by professions of friendship,
attempting to disguise, but not succeeding in disguising the petty
and personal feeling at the bottom of all these attacks ; for he will
have deserved well of his country, well of his Sovereign, and well
of posterity."

Lord Durham's first intimation of the disallowance of the ordi-
nance came to him from the colunms of an American newspaper.
Mr. Charles Buller, his chief secretary, who was piesent at the time,
saw from the expression of his Lordship's face that he had received
a violent shock. A few minutes afterwards the latter announced
his determination to resign his apD' ointment; and a missive containing
an intimation to that effect was accordingly forwarded to England.
A few days later he received the official despatch announcing the
disallowance of the ordinance. He then determined not to wait for
the appointment of his successor, but to abandon his mission and
return home without delay. On the 9th of October he issued a
proclamation announcing the fate of his ill-starred ordinance, and
giving a tolerably full account of the history and objects of his
mission. He reflected on the conduct of the Imperial Government
in not supporting him. " In these conflicting and painful circum-
stances" — so ran the proclamation — "it is far better that I should
at once and distinctly announce my intention of desisting from the
vain attempt to carry my policy and system of administration into
effect with such inadequate and restricted means. If the peace

The Last Forty Years.

of Lower Canada is to be again menaced, it is necessary that its
Government should be able to reckon on a r )re cordial and vigorous
support at home than has been accordei' le. No good that may

not be expected from any other Govert ^^nt in Lower Canada can
be obtained by my continuing to wield extraordinary legal powers
of which the moral force and consideration are gone." After thus
announcing the abandonment of his mission, the proclamation con-
cluded by an assurance that his Lordship would continue, as a peer
of Parliament, to watch over the interests of the Canadian people,
he whole tone of the proclamation was unwise, and characteristic
of Lord Durham's fiery, insubordinate temper. Some of his replies
to addresses presented to him before his departure from Canada
were still more imprudent. The London Times, shocked by
his Lordship's unconventional mode of proceeding, declared, and
with truth, that the representative of the Sovereign had appealed
to the judgment of a still rebellious colony against the policy of
the Sovereign's own advisers. It referred to him as "the Lord
High Seditioner." The proclamation was too much, even for
the Home Government, and a despatch recalling LoiTcl Durham
was sent over to Canada. Lord Durham, however, had not waited
for the despatch. Leaving the administration of affairs in the
hands of Sir John Colborne, he sailed for England. He had won
golden opinions from the British residents of Lower Canada during
his five months' sojourn in the country, and left many warm hearts
behind him. He declined to accept any pecuniary compensation
for his services, and directed the salary which had accrued to him
as Governor-General to be appropriated to the repair of the Govern-
ment Houses at Quebec and Montreal. Prior to and during the
homeward voyage the greater part of the report which will
ever be associated with his name was prepared.* The Govern-

* The respective shares of Lord Durham ami Mr. Duller in the preparation of the famous
report cannot now he apportioned with any approach to exactness, but there are clauses
which are undoubtedly the work of his Lordshii) alone.

Lord Diirhavi.

ment marked its disapprobation of his course by giving instruc-
tions that he was not to receive the customary salute of artillery
accorded to returned colonial Governors upon landing in England.
His Lordship resented this as another indignity. The English
people, however, received him at Plymouth with loud acclaims,
and persisted in regarding him as the beneficent English nobleman
who had got into disrepute with the aristocracy for his advocacy
of popular rights. He did his utmost to respond to the enthusiasm
which greeted him from various parts of the country, but in good
sooth his own enthusiasm had almost burned itself out. His
heart was broken. He could not but feel that he was regarded by
most of those of his own order as having brought upon himself
something nearly approaching to disgrace.

The rebellion burst forth afresh in the Lower Provinces after
Lord Dmham's departure, being chiefly due to the machinations of
disaflfectcd persons who had ]ireviously fled across the borders from
Canada to the United States to avoid the consequences of their
treason. The chimerical object of this second movement was to
establish a republic on Canadian soil, under the Presidency of Mr.
Robert Nelson. The movement was speedily suppressed by Sir
John Colboine, who felt himself called upon to exercise a greater
severity than before towards the prisoners taken red-handed.
Courts martial were called into requisition. A few misguided men
suffered the extreme penalty of the law, and others were by express
authority transported to New South Wales. And that was the last
of the Canadian rebellion.

In due time the famous " Report " was published and presented
to Parliament. From that time forward the soundness of Lord
Durham's general jiolicy with regard to Canada cannot be said to
have stood in need of serious vindication. Enemies and friends
concurred in pronouncing it a masterly State document. Its great
length, and the wide variety of matters treated of in its pages,

1 I i!

The Last Forty Tears.

render an intelligible summary of its contents a difficult matter.
No elaborate summary, however, is necessary for tlie purposes of
this work. It will be sufficient to say that among a host of other
matters it gave an account of the animosities between the rival
races in the Lower Province, and of the principal defects in
the colonial system of government which had prevailed up to that
time ; drew attention to the evils arising from committing details
of government to a colonial department; commented on the desi-
rability of permitting the colonists to govern themselves, so far as
internal affairs are concerned. Imperial interference being restricted
to matters affecting the colonial relations with the mother country;
recommended that all colonial officials except the Governor and his
secretary should be made responsible to Parliament; and animad-
verted on the Clergy Reserve question, and the opposition in Upper
Canada to the principle of a dominant Church. It suggested the
establishment of a good system of municipal institutions, and
concluded by recommending a legislative union * of the two Prov-
inces, as the most effectual means of fusing the hostile races, and
healing the manifold disorders from which the country had long
suffered.

The important results accruing from the publication of this
report will be referred to in a future chapter. For all practical
purposes. Lord Durham's life may be said to have then and there
ended. He lived long enough to know that his recommendations
would in the main be carried out, and that the time spent by
him in the administration of Canadian affaire had not been
thrown away. During the year and odd months that remained
to him he struggled manfully against the ever-increasing debility

* Canadian liistorians represent Lord Durham as having recommended a federal union.
A perusal of the report will show that his Lordship, who had at first favoiired the idea of
such a union, saw good reason for .altering Ixis opinion. His arguments are in favour of a
lej^ialative, and against a federal union. See p. U8 of the Canadian rejirint of the report.

Lord Durham.

which had taken possession of his frame. But the struggle was
a hopeless one. After all his physical and mental sufFei-ings he
sank quietly to rest at Cowes, as already recorded, on the 28th
of July, 18-iO. He left no successor in the ranks of the Liberal
party in England, but he was quite justified in hopinr>" that he had
not lived in vain. His Canada mission marks an important epoch
in the history of colonial government, and his name well deserves
to be held by ourselves and our descendants as something more than
a memory and a tradition. His infirmity of temper was a solitaiy
blot upon an otherwise spotless record, and even that blot has
been looked at through a magnifying glass. In estimating Lord
Durham's character it should alwaj's be borne in mind that he was
a man very much in earnest. It is possible that not a little of his
so-called irritability was merely the vigorous expression of strong
and not unamiable feeling, evoked by the intensity of his convictions.
Very earnest men are often supposed to be angry and petulant when
they are only injudiciously sincere. A popular contemporary writer
— Mr. Justin McCarthy* — thus aptly sums up the more salient
points of his Lordsliip's character and career : " His proud and sensi-
tive spirit could ill bear the contradictions and humiliations that had
been forced upon him. His was an eager and a passionate nature,
full of that soiva iiid'ujnatio which, by his own acknowledgment,
tortured the heart of Swift. He wanted to the success of his political
career that proud patience which the gods are said to love, and by
virtue of which great men live down misappreciation, and hold out
until they see themselves justified, and hear the reproaches turn
into cheers. But if Lord Durham's personal career was in any way
a ffulure, his policy for the Canadas was a splendid success. It
established the principles of colonial government. There were
undoubtedly defects in the construction of the actual scheme which
Lord Durham initiated, and which Lord Sydenham, who died not

" A History of Our Own Times ; " Chap. III.

(7^

The Last Forty Years.

long after him, instituted. The legislative union of the two Canadaa
was in itself a makeshift, and was only adopted as such. Lord
Durham would have had it otherwise if he might ; but he did not
see his way then to anything like the complete federation scheme
afterwards adopted. But the success of the policy lay in the broad
principles it established, and to which other colonial systems as well
as that of the Dominion of Canada owe their strength and security
to-day. One may say, with little help from the merely fanciful,
that the rejoicings of emancipated colonies might have been in his
dying ears as he sank into his early grave."

Chapter II.
THE UNION ACT.

" The Queen's Government have no desire to thwart the representative assemblies of
Britisli North America in their measures of reform and improvement. They have no
wish to make those provinces tlie resource for patronage at home. They are earnestly
■iitent on giving to the talent and character of leading persons in the colonies, advantages
similar to those which talent and character, employed in the public service, obtain in the
United Kingdom. Her Majesty has no desire to maintain any system of policy among
her North American subjects which opinion condemns." — Despatch from Lord John Russell
to the Gavemor-Qeneral of Canada, dated 14 th October, 1839.

'ORD DURHAM'S report was seed sown in good ground.
From the time when it became public property it formed
a prominent topic of discussion among British statesmen,
and added not a little to the reputation of both his Lord-
.ship and his secretary, Mr. Charles Buller.* Most people
approved of it; a few found fault with some of its clauses ;
but there was no difference of opinion as to the great ability and
industry which had gone to its production as a whole. In Upi)er
Canada the Reform party, who had long been struggling against the
Family Compact under great disadvantages, and who had strenuously
contended for many of the principles recognized by the report,
received it with enthusiasm. The Legislative Assembly of that
Province passed a resolution in favour of union. The Conservatives,

* Mr. Buller was another distinguished man in his day who was only prevented by his
untimely death from achieving permanent fame. He was at one time a pupil of the late
Thomas Carlyle, who subsequently became his biographer. In politics he was a philo-
sophic radical, and a man of enlightened and capacious views. In his youth he was the
admirer of Miss Jane Welsh, of Haddington, who became the wife of Mr. Carlyle.

The Last Forty Years.

however, were very well satisfied with the existing order of things,
and were, almost to a man, opposed to any change. The Honourable
— afterwards Sir — John Beverley Robinson, Chief Justice of Upper
Canada, who had long been the chief guide, philosopher and
friend of the dominant faction in the Province, went to England
at this time, and during his stay there, towards the close of the
year 1839, published what was intended as a counterblast to Lord
Durham's report, under the title of " Canada and the Canada Bill."
It strove to show that the division of the Provinces in 1791 had
worked satisfactorily, and that the carrying out of his Lordship's
recommendations would by no means remove existing evils or
promote the welfare of the country. Mr. Robinson had sixteen
years before been an advocate of such a union as he now opposed, but
had subsequently seen reason for changing his views.* His little
book was well written, and presented the case from his side with
great clearness, but it was like arguing against the doctrine of
o-ravitation. A few fossilized Tories on both sides of the Atlantic
complimented the author upon having conducted his ai'gumeut with
mathematical precision, but it produced no more effect upon the
British Parliament than erst did King Canute's command upon the
foaming brine. The Atlantic was not to be turned back by Mrs.
Partington's mop, although the mop in the present instance was of
most respectable conformation, and held out hopes of developing into
a broom which should sweep with remarkable cleanness. In Lower
Canada public opinion was much divided. A large majority of
the British population approved of the project of union, but there
was a considerable minority on the other side. The French
Canadians were almost unanimous in their disapproval of the
scheme. It thus seemed probable that there would be no slight

*In 1822 there was considerable agitation on the subject of a union of the Provinces,
but the opposition to it, both in Canada and in the House of Commons, was overwhelming,
and the project was shelved for the time.

The Union Act.

difficulty in obtaining general assent to the cai'rying out of Lord
Durham's recommendations.

But, the will being present, a way was soon found. During the
session of 1839 a Bill for i-euniting the Canadas was introduced into
the Imperial Parliament by Lord John Russell. When it came to be
dealt with by a committee of the House of Commons it was found
that some additional information was needed. It was also thought
desirable to obtain the formal concurrence of the Canadians, as
expressed through their respective Legislatures. To effect these
objects it was necessary to send out some clear-headed man, possessed
of a large share of tact, and with a due sense of how much was
involved in his enterprise.

The gentleman fixed upon to undertake this important mission
was Mr. Charles Poulett Thomson, bettor known to Canadians by
his subsequent title of Lord Sydenham. Mr. Thomson, thougli still
a young man to be entrusted with a matter of such importance,
had had large experience as a politician and di[)lomatist. He
was particularly well informed respecting mercantile ati'airs, having
been bred to commercial pursuits, and was an ardent disciple of
Free Trade doctrines. He had been an hereditary member of an
old established and wealthy mercantile house largely connected
with the Russian trade. At the time of his entry into public life
most of the leading merchants of London — his own father included
— were Tories, and he had been reared amid Tory influences. The
particular branch of trade in which his firm were engaged, however,
and his own reading and observation, had turned his mind in an
opposite direction on all purely economical questions. He had
become a disciple of Mill and Ricardo, and the personal friend of
Jeremy Bentham and Joseph Hume. Certain family connections,
moreover, doubtless had some influence upon the formation of his
opinions. He was allied, by the marriage of one of his sisters, to
the Barings, and the head of that great ho\ise (who subsequently

The Last Forty Years.

became Lord Ashburton) was at that time an advocate of Free
Trade. The connection was politically serviceable to young Mr.
Thomson, who, in the year 1826, was returned to the House of
Commons in the Whig interest for the constituency of Dover. He
distinguished himself during his fir ^t Parliamentary session by the
])art taken by him in a debate on the silk duties. He soon won a
reputation, not as an eloquent speaker — though he always spoke
fluently and sensibly — but as a shrewd and business-like member of
Parliament. Some of his speeches smacked strongly of Radicalism,
but his mind was of an essentially practical order, and he cared
little for mere speculative theories about liberty, equality, and the
natural rights of mankind. He was above all things a useful man,
and from time to time rendered great services to his party. It was
noticed that he was always able to make the best of a complicated
and awkward situation, and was not deterred by Quixotic scruples
from turning even the slips and weaknesses of others to his own
account. Though neither a thorough nor a profound statesman, he
was at least a very clever politician, and it is doubtful whether
any man could have been found throughout the broad realm of
England better fitted, alike by nature and by training, to carry out
Lord Durham's policy in Canada than was the Right Honourable
Charles Poulett Thomson. He at this time sat in the House of
Commons for the important constituency of Manchester, and held
the position of President of the Board of Trade in the Ministry of
the day.* Having been appointed Governor-General of Canada,

* " I had a great deal of conversation with Poulett Thomson last night after dinner on
one subject or another ; he is very good-humoured, pleasing, and intelligent, but the
greatest coxcomb I ever saw, and tlie vainest dog, though his vanity is not offensive or
arrogant ; but he told me that when Lord Grey's Government was formed (at which time
he was a junior partner in a mercantile house, and had been at most five years in Parlia-
ment), he was averse to take office, but Althorp declared he would not come in unless
Thomson did also, and that, knowing the importance of Althorp's accession to the Govern-
ment, he sacrificed a large income, and took the Board of Trade ; that when this was

The Union Act.

and having enjoyed tlie great advantage of frequent personal
interviews with Lord Durham on the subject of his mission, he
set sail for Quebec on his fortieth birthday — the 13th of September,
1839. He reached his destination on the 17th of October following,
and two days afterwards issued a proclamation announcing that he
had assumed the reins of Government.

The task before him was one of no ordinary difficulty. It has
been seen that the people and the Legislatures were by no means
unanimous in approving the proposed measures, and yet it was
necessaiy that he should obtain their consent. Owing to the sus-
pension of the Lower Canadian Constitution, already referrcjd to,
there was strictly speaking no Legislature in that Province to be
consulted. The body that did duty for a Legislature was the
Special Council, and this was summoned to meet at Montreal on
the 11th of November. No change whatever was made in its
composition. It consisted of eighteen members, nearly all of whom
belonged to the British party. It had been nominated (after Lord
Dui'ham's departure from Canada) by Sir John Colborne, acting on
behalf of the Crown, and the body as a whole did not by any
means represent the views generally entertained among the
inhabitants of the Lower Province. It was Lord Sydenham's
mission, however, to carry out his instructions, and to obtain a
formal consent from the existing body which stood in the place of a
Legislature. Had a fairly repriisentative body been in existence, it
would never have given its consent to a union which for a time
blotted out the political influence of the French Canadian p'^pu-

offered to him, he was asked whether he cared if he was President or Vice-President, aa
they wished tn made Lord Auckland President if he (Poulett Thomson) had no objection.
He said, provided the President was not in the Cabinet, he did not care ; and accordingly
he condescended to be Vice-President, knowinj; that all the business must be in the House
of Commons, and that he must be (as in fact he said he was) the virtual head of the office.
All this was told with a (jood-humoured and smiling complacency, which made me laugh
internally."— TAe Greville Memoirs, under date Jan. 30th, 1836.

jK!

The Last Forty Years.

1 ! iir

lation. But no potent opposition was to be dreaded from such a
body as the Special Council. The Provincial constitution was
suspended, and the factious spirits were either effectually silenced
or in exile. After several days' discussion the Council adopted the
union resolutions by a majority of twelve to three.* The Governor-
General was thus enabled to report to the Secretary of State in
England that the assent of the Lower Province had been obtained.
He then made his way without loss of time to Toronto, to obtain
the concurrence of the Legislature of the Upper Province.

In the Upper Canadian Legislature his Excellency had no Special
Council to deal with, but a regularly constituted legislative body,
with a due sense of its own importance, and an unequivocal disposi-
tion to stand upon its rights. With the Assembly no trouble was to
be anticipated, as it had already passed resolutions in favour of
union, and was desirous of seeing Responsible Government conceded
without delay. In the Legislative Council very difierent sentiments
prevailed. Its members had everything to lose and nothing to
gain by the proposed change. A large majority of them belonged
to the Family Compact. Their power and patronage would go, and
the principles to which they had always oi)posed themselves would
triumph, in the event of a union of the Provinces, and the concession
of executive responsibility. They dreaded a coalition between the
Liberals of the two Provinces. Their position, however, was such
that they could not with any show of consistency refuse their assent
to the resolutions proposed by his Excellency. Those resohitions
were known to embody the Imperial will, and the members of the
Family Compact were nothing if not loyal. For years past, and
more especially since the suppression of the recent I'ebellion, their
loyalty had become positively, albeit honestly, etiusive. They had
proclaimed it through the public prints, at the corners of the

* Tlie rt'siiliitioiis wero nix in number. One of them was vi>teil a^'ainst by Mr, Neilson
only, Ijut the utatement in tiie text is literally correct uh to the other five.

The Union Act.

ion
:he

;ucli
■nt

KllM

tlie

and

icir

l!l(l

the

-q

streets and — literally — trora the housetops. Some of them had
talked a great deal of hysterical nonsense, and had propounded
tlieories better suited to the early years of the Restoration than to
the times in which they lived. How then could they venture to
oppose tlie Imperial mandate, as proclaimed to them by the
Governor-Genei'al in person. His Excellency was an atlept in the
science of linesse, and used all his arts to win them ovei". He
appealed in the strongest terms to their life-long fealty. He
materially strengthened his position by tlie publication in the
Upper Canada Gazette of a despatch from the Colonial Minister,
" You will imderstand, and Avill cause it to be generally known,"
said the despatch, " that hereafter the tenure of colonial offices,
held during Her Majesty's pleasure, will not be regarded as
equivalent to a tenure during good behaviour ; but that not
only such officei's will be called upon to retire from the public
service, as often as any sufficient motives of )>ublic policy may
suggest the expediency of that measure, but that a change in the
person of the Governor will be considered as a sufficient reason
for any alterations which his successor may deem it expedient to
make in the list of public functionaries — subject, of course, to the
future continuation of the Sovereign. These remarks do not extend
to judicial otlicers, nor are they nieant to apply to places which are
altogether ministeriiil, and which do not devolve upon the holders
of them duties in the right discharge of which the character and
policy of the Government are directly involved. They are intended
to apply rather to the heads of departments than to persons serving
as clerks or in s'aiilar capacities under them; neither tlo they extend
to officers in the service of the Lords Commissionei-s of the Treasury.
The functionaries who will be chiefly, though not exclusively,
affected by them, are the Colonial Secretary ; the Treasurer, or
Receiver-General; the Surveyor-General; the Attorney and SolicJcor-
General ; the Sheriff, or Provost Marshal ; and other officers who.

I, _ I
M

I'M:

2%e Last Forty Years.

under diifei'ent designations from these, are entrusted with the same
or similar duties. To this list must also be added the members of
the Council, especially in those colonies in which the Legislative
and Executive Councils are distinct bodies." The raeanins: of this
was obvious enough. It meant that for the future the persons
indicated would have to merit and enjoy a share of public confi-
dence, or else resign their places. It alao meant that the Home
Government had set its mind on passing a Union Bill, and that no
caprice or obstruction on their pai't would be allowed to stand in
the way of such a consummation. It was evident that they might
as well bow to the inevitable with a good grace, as, in the event
of their refusal, means would be found to get rid of them and
supply their places with more manageable material. They yielded.
Resolutions expressive of assent to the union were passed, on con-
dition that there should be an equal representation of each Province
in the united Legislature ; that a sufficient permanent civil list
should be voted to secure the independence of the judges; and that
the public debt of Upper Canada should be a charge upon the joint
revenue of the united Province. In the Assembly certain conditions
were pressed upon the consideration of his Excellency wliich the
latter saw fit to oppose, as being unjust to the French Canadian
population in the Lower Province. The Governor's views finally
prevailed. On the last day of the year he was able to announce to
a correspondent that he had satisfactorily accomplished the objects
of his mission, and that nothing further remained but for Parliament
to pass the Union Bill, a draft of which, he added, would soon be
forwarded from Canada.

The draft of the Union Bill, founded upon the resolutions of the
Legislature of Upper Canada and the Special Council of the Lower
Province, was chietiy prepared by the Hon. James Stuart, Chief
Justice of the Court of Queen's Bench for Lower Canada, who for
his great services to Lord Durham and Mr. Thomson was subae-

The Union Act.

qiiently elevated to the rank of a baronet of the United Kingdom.
The successive clauses of the Bill were separately and carefully dis-
cussed between the Governor and the Chief Justice before trans-
mission to England. It provided for the union of the two Provinces
under the name of the Province of Canada. It further provided
that thei'e should be one LegisLative Council, and one Assembly,
with an equal representation from each of the former Provinces ;
the Legislative Council to consist of not fewer than twenty life
members, aj)poiuted by the Crown, and the Assembly to consist of
eighty-four members (forty-two from each of the former Provinces),
elected Liy the people. The property qualification for candidates for
seats in the Assembly was fixed at five hundred pounds sterling in
lands or tenements. The Governor was authorized to fix the time
and place of holding Parliaments, and to prorogue or dissolve the
latter at his pleasure. The Speaker of the Legislative Council was
to be appointed by the Governor, and the Speaker of the Assembly
to be elected by its members. A permanent civil list of seventy-
five thousand pounds annually was provided for, instead of all terri-
torial and other revenues then at the Crown's disposal ; and the
judges were made independent of the votes of the Assembly. All
writs, proclamations, reports, journals and public documents were to
be in the English language only ; and it was provided that iho
public debt of the two Provinces should be assumed by the united
Province, Such, in so far as it is now necessary to specify them,
were the principal provisions of the Union Bill transmitted to Eng-
land by Mr. Thomson. The Imperial Parliament was then in session,
and the Colonial Secretary, Lord John Russell, lost no time in pre-
senting the measure. It underwent some slight modifications in the
course of its pa.ssage through the Commons. Certain clauses reci-
ting to local municipal institutions were stru'^k out, and left t. ; b>?
dealt with by the Provincin Legislature . but UiO Bill, as a whoie,
commended itself to the wisdom of the House of Conunons, and was

The Last Forty Years.

passeil with but little opposition. Some of tlie Irish members, led
by O'ConnoU, raised their voices against it, on the ground that it
sanctioned a disproportionate representation of the French and
British races ; that the former had not assented to the measure,
&nd that in consequence of the suspension of the Lower Canadian
constitution, they had no means of expressing their assent. It
was further argued that it was unjust to saddle Lower Canada with
a share of liability in respect of the debt of the Upper Province.
Opposition from this quiirter, however, was regarded by tlie Ministry
very much as a matter of course, and was of no special significance.
In the Ho i.'.e of Lords the objections to the measure were urged with
more vigoui.' than commonly characterizes the debates there, and
among those who spoke most strongly against it were Lords Gosford
and Seaton. both of whom had been Governors of Canada, and
might be supposed to bring special knowledge to bear upon the
subject. The Act passed, however, and was to come into operation
by virtue of a royal proclamation, to be issued within fifteen
calendar months. The issuing of the proclamation was deferred
until the oth of February, 1841, when it appeared under the
authority of the Provincial Secretary, the Hon. Dominick Daly.
By its terms the Act of Union was to take efifect from the lOth of
the month ; and at that date the Union of the Provinces was accord-
ingly complete.*

The French popidation of Lower Canada generally, and even some
of the British, were much averse to the project of union on the terms
proposed, and an impartial critic must confess that their discontent
was not wholly groundless. In the first place, the population of the
Lower Province was considerably in excess of that of Upper Canada ;

* The day upon which the Union of the Provincea took effect was the anniversary of
two events of some importance in Canailian history ; viz., of the Higniug of the Treaty of
17t';t, and of the royal assent heinj,' accorded to tiie HUspension of the Lower Canadian
Constitution in 1838. It was also the (hrat) anniversary of the marriage uf Her Majesty
Queen Victoria.

The Union Act.

whereas the latter, by the terms of union, were granted an equal
Parliamentary representation with the former. The financial con-
dition of the two Provinces was still more unequal than the popula-
tion. In Lower Canada the public debt was insignificant, and if
there was less public enterprise than in the Upper Province, there
was no financial embarrassment. The revenue was small, but it
was ample for the public requirements. In Upper Canada, on the
other hand, for some years past an amount of enterprise had been
displayed which was altogether out of proportion to the age and
financial condition of the Province. The construction of the great
canals and other important public works had involved what for those
times must be pronounced to have been an enormous expenditure,
and for this there had so far been little or no return. A good deal
of the ex[)onditure had been unnecessary — the result of mismanage-
ment and inexperience — and would never produce any return. The
pul)lic debt was large. Further outlay was imperative, and the
exchequer was empty. Some important public enterprises had been
temporarily abandoned for want of funds. The Province seemed to
be on the verge of bankruptcy. By the imposition of the public
lebt on the united Province, therefore. Upper Canada was clearly
a gainer. But, it was argued, this was only fair, inasmuch as
Lower Canada would participate in the advantages derivable from
the public works which had given rise to the debt. Lower Canada,
moreover, had long reaped an undue advantage in respect of the
revenue from imports collected at Montreal and Quebec. That
revenue was chiefiy paid by the Upper Province, where a majority
of the consumers resided ; yet Jjower Canada had for years received
the lion's share of it, and surrendered even the smallest proportion
with reluctance. The argument as to the representation of the two
Provinces being equal, and therefore disproportionate to the popula-
tion, was met by the plea that the disproportion would soon disa})pear,
inasnuich as the population of Upper Canada had been largely re-

The Last Forty Years.

cruited by immigration ; that it was rapidly increasing, and would
continue to rapidly increase ; whereas immigration to the Lower
Province was insignificant in comparison, and the increase of popula-
tion proportionately slow. The Lower Canadians were not disposed
to regard this argument as conclusive. They claimed, with some
show of reason, that it would be time enough to equalize the repre-
sentation when the prediction as to equality of population should
be realized. The practical proscription of the French language in
all public proceedings, moreover, was keenly felt by the French
Canadians, and they never ceased to clamour for the repeal of the
clause effecting it — a repeal which was finally accomplished after
the accession to power of the second Lafontaine-Baldwin Ministry
in 1848. The French Canadians, indeed, looked upon the Union
Act as the result of a predetermination to destroy their nationality
and their religion. It was evident that if the British representatives
from Lower Canada should act in unison with their co-nationalists
from the Upper Province, the combination M'ould be all-powerful
in the Legislature.

The discontent in the Lower Province over the terms of union
made itself felt in various quarters before the passing of the Act.
In the districts of Quebec and Three Rivers a petition was set on
foot under the auspices of the clergy, and erelong 40,000 signatures
were appended to it. Some of the signatories were influential
members of the British party. It expressed strong hostility to the
proposed union, and prayed that the constitution of 1791 might be
maintained.* It was sent over to England and laid before the
Imperial Parliament, and doubtless influenced the Government there
to the extent of inducing them not to legislate without due delibera-
tion. A large meeting was also held at Montreal, where, on motion

* This was not because the Constitutional Act of 1791 was regarded as a perfect, or
even as a tiatisfactury measure, but because its provisions were much more acceptable
than were those of the Act of Union.

Tlie Union Act.

of Mr. Lat'ontaine, an address to the Imperial Parliament protesting
against the proposed union was adopted ; but, owing to a want of
concord among its promoters, it was not forwarded to England.

Dissatisfaction, however, was now of no further avail. The
Union of the Provinces was an accomplished fact, and it only re-
mained for the representatives of both to accept the situation and
make the best of it. The Governor-General, for his arduous and
indefatigable services, was in the month of August, 1840, raised to
the peerage by the title of Baron Sydenham of Sydenham in Kent
and of Toronto in Canada. His exertions had not been without their
effect on his physical frame, which was even more weakly than Lord
Durham's had been ; but he was keenly ambitious, and not disposed
to sit down and brood over his maladies. He was authorized by
the thirtieth clause of the Union Act to fix the capital of the United
Province at such place as he might be advised. He chose to fix it
at Kingston, in the Upper Province. This was another step which
was keenly felt by the inhabitants of Lower Canada, who had
hoped that the capital would be either Montreal or Quebec, both of
which, as compared with Kingston, were large towns. The pressure
from Upper Canada on this point, however, was overwhelming, and
the Governor-General exercised a wise discretion in placing the seat
of Government in the centre of a district where the unwavering
loyalty of the people was a guarantee for free and undisturbed
legislation.

The appointment of an Executive Council was a matter which
could no longer be delayed, and which required some deliberation
on the part of the Governor-General. On the 13th of February —
three days after the Union proclamation took effect — His Excellency,
having made his selection, called to his Council eight gentlemen
who already occupied the highest offices of State. They consisted
of Messrs. Sullivan, Dunn, Daly, Harrison, Ogden, Draper, Baldwin,
and Day. A month later— on the 17th of March — Mr. H. H. Killaly

ill

!i!r'

III i ill

The Last Forty Years.

was added to the list. As the narrative ^s we shall become

better acquainted with all these perso' The principle of ex-

ecutive responsibility having been couv d, it was necessary that
the members of the Council holding seats in the Assembly should
be reelected. This was duly accomplished* at the general elections
for members to serve in the first House of Assembly. These elec-
tions began on the 8th of March, 1841, and were concluded early in
the following month. In the Lower Province they were mai'ked by
a violence and acrimony unprecedented at any election Avhich had
ever taken place in the colony. The British party and the national
party had never been arrayed against each other with such bitter-
ness. The latter smarted under a sense of defeat, while the former
did not in all cases attempt to disguise their consciousness of triumph.
There was a desire for revenge on the one side, and an ill-concealed
comiilacency or contempt on the other. These sentiments, for some
weeks before the elections, found frei^uent expression through the
provincial press, and a large proportion of the lower orders of
electors was roused to a condition bordering on ferocitv. In some
constituencies another Reign of Terror prevailed during the progress
of the election, and the ruffianism seems to have been pretty equally
apportioned between the representatives of the dilterent nationaliti(>s.
Mr. Lafontaine, whose name has already been mentioned, and with
whom we .shall erelong have occasion to form an intimate acquaint-
ance, offered himself to the electors of Terrebonne. He was opposed
by Dr. Michael McOulloch, a member of the British party, who was
successful in securing his election. Tlie violence displayed on both
sides was disgraceful to the causes which they resi)ectively repres-
ented, but there seems to be no reasonable doubt that had the franchise
been perfectly free and untrammelled, Mi-. Lafontaine's election would
have been assured. He himself afterwards admitted, liowevur, that

* Duly, except in the case of Mr. Harrison. See post, Chapter IV.

The Union Act.

-t9

a large number of his supporters had set out from their homes
armed with cudgels, and that those who had not been so provided at
starting had made a detour into a wood on the road in order to sup-
ply their deficiencies. Upon nearing the polling-place* they found
Dr. McCulloch's supporters (many of whom were canal labourers
and navvies who were not entitled to exercise the franchise
at all) armed and ready for them, and as the latter had con-
trived to serure an advantageous position for a hand-to-hand fight,
the French Canadians adopted the better part of valour and with-
drew from the field without recording their votes. At the election
for the county of Montreal the opposing forces came into actual
collision, and one man, a member of the British party, was slain
on the spot. With regard to the possession of the poll itself, Rob
Roy's "good old rule" was the order of the day. Those took who
had the power, and those kept who could. The French Canadians
kept possession the first day, and it was in the struggle of a Bi'itish
elector to record his vote that he met his doom as above narrated.
Next day the British mustered in sucli force that their opponents
abandoned the struggle, and the French candidate retired. Tlie
Lower Canadian elections, therefore, did not in all cases re})resent the
voice of the people. The French Canadians were vehement in their
denunciations of the Governor-General, who was allied, in their minds,
with the British party, and was responsil)le for all the excesses of
the latter. To say that he was not so responsible would, it is to l)e
hojied, be a work of supererogation, but it must be owned that his
determination to carry out the object of his mission to Canaila
was great, and that he was not over-scrupulous as to the means
employed to secure that end. His conduct with regard to the

• The polling-place for the county of Terrebonne was fixed at an insit,'uiticant out-of-
the-way villa>,'e called New (ilasgow, described by Mr. Lafontaine as being "dans les bois,
h, I'extrt^mitt? des limites de co coiute."— See his letter published in Le Canadicn, 2 avril,
1841.

The Last Forty Years.

electoral limits of Quebec and Montreal lent some colour to the not
unreasonable supposition that his sympathies were entirely with
the British party, and that he did not intend to allow any impeili-
nient to stand in the way of the accomplishment of his wishes.
By the Union Bill, as originally drafted by him and Chief Justice
Stuart, only one member was assigned to each of those cities.
When the measure was laid before the Commons, Sir Robert
Peel suggested that a larger representation was due to the com-
mercial interest, and a clause was accordingly inserted assigning
two members to each of the two princijial cities of Lower Canada.
The Act, as finally passed, authorized the Governor to define
the boundaries of the various cities and towns mentioned in
the Act. Lord Sydenham's attention was drawn to the fact
that if the electoral limits of Montreal and Quebec were made to
coincide with their municipal limits, the increased representation
contemplated by the Union Act would not take effect, as the numer-
ical superiority of electors in the suburbs would enable them to return
both membei's. The immber of French Canadian representatives —
and by consequence the number of opponents of the Union — wc ild
tlius be increased. Lord Sydenham's first object was to make the
Union a success, and to have a majority of members returned to Par-
liament who should be favourable to the Government policy. He
accordingly exercised the power granted him by the Act, and by a
Proclamation issued from Government House, Montreal, on the 4th
of March, 1841, defined the boundaries of Quebec and Montreal in
such a manner as to exclude the suburbs, which for electoral pur-
poses were amalgamated with the counties in which they were
situated. He by this means practically disfranchised a large number
of the inhabitants, and secured the return of members pledged to
support his favourite project — an achievement for v/hich the French
Canadians have never forgiven him to the present day.

It is believed that at least ten of the members who sat in the

Tlie Union Act

First Parliament were returned either by violence or by corruption.
The violence, though chiefly manifested in Lower Canada, was by
no means wholly confined to that Province. There were " gentle
and joyous" passages of" arms in all parts of the country. One life
was lost in Toronto, and another in the county of Durham. Intelli-
gence of broken heads and arms was received from various quarters.
It was even feared lest the published accounts of the innumerable
election riots would disseminate such an impression of the lawless
state of affairs as to check immigration to Canada. Happily the
fear proved not to be well grounded. During the second week in
April the returns were tolerably well known, and the Governor
made up his accounts. Twenty-four out of the eighty-four members
were pledged su])porters of his policy. Only twenty French mem-
bers — French in spirit, as well as in nationality — appeared on the
list. Of the remainder, twenty were classed as moderate and five
as ultra Reformers. Only seven members of the Compact had found
seats. All things considered, the two opposing parties of Conserva-
tives and Reformers were divided not far from equally, and it seemed
not improbable that the French party would thus be able to hold
the balance of power in their hands. His Excellency, however, felt
pretty certain of being able to hold his ground in the Assembly,
which was to meet at Kingston in the following June.

lilt

'ill '^

Chapter III.
LOCUS IN QUO.

"Les deux provinces ^taient en gt^nt'ral prospferes. Le sol, qui y est d'une grande
richPHse, est propre h, produiie les grains do toiites sortes ot uno grande vavit'te de fruits,
malgrt? un climat un pen sevfcre i)endant les froid-s de son long hiver, climat qui est cepen-
dant des plus salubres et des plus agrdables dans la saison terapdree." — Turcotte. Le
Canada Sous VUnion, pp. 43, 44.

, OME further account of tlie condition of the two Provinces
at the time when the Union Act came into operation would
seem to be desirable, with a view to imparting additional
clearness to the narrative which is to follow.

Notwithstanding the internal strife and other drawbacks
which liad prevailed for years past, the country, more
especially that part of it comprehended within the limits of the
Upper Province, had steadily advanced in population and material
pros25erity. In the Ui)per Province, indeed, the advance had been
rapid. The population cannot be arrived at with exactitude, the
various censuses having been taken at different times in different
parts of the countiy ; but according to an approximately correct
estimate, the combined population of the two Provinces at the
Union was nearly or quite 1,100,000. About 030,000 belonged to
Lower Canada, and -t70,000 to the Upper Province. The inliabitants
of French origin in both Provinces could not have fallen far short
of half a million. Of the other nationalities represented, at least
half a million were British, the remainder being made up of repre-
sentatives of various European states, and of immigrants from the

Locua in Quo.

neighbouring republic. The Roman Catholics in both Provinces
formed I'ather more than a moiety of the combined population.

In Lower Canada the rural population, composed almost exclu-
sively of French Canadians, were in a condition of intellectual
stagnation, if not of positive retrogression. They occupied them-
selves chiefly with agriculture, which was carried on after the
primitive fashion that had been in vogue ever since the original
settlement of the country. Most of the farms were situateil along the
banks of the rivers, and consisted of narrow strips forming rectangles
nearly a mile and a half in length, with a frontage of only a few yards.
These " ribbons of land," as they have been called, with " the land
all longitude," w^ere held under the old feudal seignorial tenure, and
generally involved the performance of certain antiquatetl and more
or less absurd services on the part of the occupants. The farm-
houses of course, were built on the front of the lots, on the edge of
the road, and facing the river, with uplands rising in the far distance
behind. They were generally small, unpretentious, but neatly
whitewashed cottages, and presented a pleasant and picturesque
aspect to the passer-by, who, if not to the manner born, fancied
himself to be travelling through the street of an endless village.
The habitans, generally speaking, led dreamy, unambitious, satisfied
lives, and took little thought for the morrow. They fulfilled the
injunction to increase and multiply, but were less assiduous in
replenishing the earth. Of moral or intellectual progress there was
little or none. What the habitant was at the date of the Conquest,
such was he at the time of the Union of 1841. Rotation of crops
was a thing unknown to or unheeded by him. He was illiterate,
superstitious, and wholly insensible to the value of education. In
1828, as mentioned on a former page, a petition of grievances, to
which 87,000 names were appended, was forwarded from the
Lower Province to the king, praying, among other things, that
the Legislative Council of the Province might be made elective.

Pl!i

.54

Tlte Last Forty Years.

Of the 87,000 persons whose names were affixed, about 78,000
were unable to write, and were compelled to make their marks.
The remaining 9,000, a goodly number of whom were of British
origin, wrote their signatures. Six years later (in ISS-t) two
grand juries were summoned fi'om the most prosperous farmers
in the neighbourhood of Montreal, and it was found that only
one or two of them could write their names. Even scliool
trustees were permitted by law to attach their marks to their
reports. The habitant, indeed, was not merely indifferent to educa-
tion. He was opposed to it on principle ; and he was generally
encouraged in this opi)osition by his parish priest. His children
were seldom taught even to read or write. He and his family
contrived to get a living out of their holdings without much etlbrt,
and there was apparently no disposition to obtain anything beyond.
The grain products of the country, under such a system — or no
system — of farming, were very precarious. Occasionally a British
settler was to be iound cultivating the land, and his crops were
a marvel, showing clciuly the capability of the soil under favour-
able conditions, notwithstanding the length of the winter and
ti)e rigour of che climate.

In the cities and towns of the Lower Province there was a con-
siderable British population, and a fair share of enterpiise was to
be found. In this enterprise many of the French Canadian citizens
participated. Some of the latter were gentlemen of learning and
good birth, with a polish and suavity of manner seldom actjuired
by those whose culture does not begin at the cradle. Under the
old regime they would have scorned to engage in trade or manufac-
ture of any kind, but those halcyon days were over, and a state of
things prevailed more in accordance with the economical and social
necessities of the country. Manufactures were carried on to a
limited extent. Montreal, with a population of about 40,000, was
then much more than now the commercial metropolis of Canada.

Locus in Quo.

.H-H

A spirit of local improve: ' ant had long been afoot there, and the
city contained many tine public and private buildings. Of late
years many changes for the better had been etfected in the aspect
of the principal thoroughfares, some of which would have done no
discredit to more pretentious towns in the old world. The haibour
was good, though not large. Ships drawing two-and-a-half fathoms
of water could lie alongside the wharfs where the floating palaces
of the Messrs. Allan are now moored. The city contained a more
mixed population than any other spot in the Province. Sir Richard
Bonnyoastle, who visited it in the year before the Union, remarked :
" In this city one is amused by seeing the never-changing linea-
ments, the long queue, the bonnet-rouge, and the incessant garrulity
of Jean Baptiste, mingling witli the sober demeanour, the equally
unchanging feature, and the national plaid, of the Highlander ;
whilst tlie untutored sons of laboui', from the Green Isle of the
ocean, are here as thoughtless, as ragged, and as numerous, as at
Quebec. Amongst all these, the shrewd and calculating citizen
from the neighbouring repuljlic drives his hard bargain with all
his wonted zeal and industry, amid the fumes of Jamaica and
gin-sling. These remarks, of course, apply to the streets onlv. In
the counting-houses, although the races remain the same, the
advantages of situation and of education make the same difiercncos
as in other countries. I cannot, however, help thinking that the
descendant of the Gaul lias not gained by being transplanted ; and
the vastly absurd notions which a few turltulent spirits have of
late years engendered, and endeavoured to instil into the unsophisti-
cated and naturally good mind of the Canadian tiller of the soil,
have tended to restrict the exercise of that inborn urbanity and
suavity which are the Frenchman's proudest boast after those of
Vamour et la gloire." * Quebec, with its picturesque surroundings
and historic associations, was somewhat less populous tlian Montreal.

* "The CanadaH in 1841," by Sir Richard H. lionnycastle, Vol. I. pp. 70, 77.

ill

The Last Forty Years.

Its population was almost exclusively French, and it had never
been very progressive, but it enjoyed a recognized status as the
whilome capital of the Province, and the key to a vast region
embracing half a continent. It was then, as it is now, one of the
most interesting spots in the world. It was moreover the one
important harbour and point of export and import. It contained
about 35,000 inhabitants. These two w^ere the only really import-
ant centres of population in Lower Canada. Three Rivers, situatv"^d
at the confluence of the St. Maurice and St. Lawrence, had a popula-
tion of about 2,500, and was the third town in point of population
and commerce. Whatever importance it enjoyed was derived from
its age and history (it having been founded in 16LS, ten years after
the founding of Quebec by Champlain), and from its still being a
principal depot of the adventurous traders of the North-West.

The exports and imports, though restricted by the commercial
policy then in vogue, showed a steady yearly increa.se. The exports
consisted chiefly of lumber and grain. It will be borne in mind that
the old system of colonial monopoly was still in vogue. The navi-
gation of the St. Lawrence by foreign vessels was not permitted.
Importation from the United States was only permitted under
costly and harassing restrictions. Canadian vessels, on the other
hand, were not allowed to enter any foreign port. As a recompense
for these disabilities Canada enjoyed the exclusive privilege of
furnishing lumber and provisions to the West India Islands — a
privilege which, while it conferred some advantage upon Canadian
merchants, bore hardly and unjustly upon the West Indian colonists.
The principal manufacturing enterprise of the Lower Province was
diipbuilding, which was largely carried on at Quebec. It was one
of the earliest branches of industry set on foot in Canada, and had
attained to considerable dimensions within a few years after the
Conquest. In LSI I — the Union year — no fewer than sixty-four sca-
;^oing vessels, Avith an aggregate of 23,122 tons burden, were built at

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LORD METCALFE.

A CANADIAN SUNSET.

Locus in Quo.

Quebec. The lumber trade was also a very important branch of
industry, though, considering the ahnost. boundless resources of the
country, it had developed very slowly. During the French domina-
tion the i'ur-trade had almost monopolized public attention, and had
dwarfed every other branch of industry. While the forests of Maine
were supplying Great Britain with the means of maintaining her
naval supremacy, the forests of Canada were not pressed into requi-
sition for the service of France. Even so late as the year 1752 the
French Canadians were accustomed to buy the vessels required for
their local trade from their New England neighbours. " With the
finest forests in the world for ship-building, unequalled faciliti(!S for
bringing lumber to the seaboard, and the encouragement of a liberal
bounty, French enterprise in Canada, toward the middle of the last
century, was not equal to the task of seizing upon the only industry
which would tend to secure to them the peaceable possession of the
colony in the event of a war with their great and industrious rival,
Britain, besides encouraging immigration, amassing wealth, and
establishing a political inqiortance."* The year before the Conquest
the total lumber exports of the country amounted to only S"n,250.
Lesh than a century later they had increased to eleven-and-a-half
millions.

Notwithstanding the backward condition of rural Lower Canada
from an educational point of view, for fifteen years ))rior to the
Union there had been frequent large money grants by the House of
Assembly of that Province for educational purposes. At Montreal,
Quebec, Three Rivers, St. Hyacinthe, Nicjolet and elsewhere, seats
of learning had been established, at which it was possible for any
youth so inclined to obtain a liberal education. Learned societies
had also been established in the two chief cities. Elementary
schools, however, were few, and their management had not been
reduced to anything deserving the name of a system. The first

* See "Eighty Years' Progress of British North America," p. 285.

TTT

The Last Forty Years.

11. ^,

general elementary School Act had been passed in 1829. It pro-
vided for the establishment of schools by trustees elected for the
purpose by the landholders of the different parishes, but it contained
no provision for visitation or inspection, and was seriously defective
in various particulars. By an amendment Act passed in 1831, some
of its most flagrant defects had been remedied, but it had, after
trial, been found inefficacious, and in 1832 a new School Act had
been passed which was far in advance of its predecessor. The curse
of the existing system, however, was that it was not permanent,
and was made subservient to the macliinations of politicians. Lord
Durham's Commissioner, Mr. Arthur Bullor, had drawn attention
to this great evil in his report on the state of e lucation in Lower
Oanada, and had sketched the outlines of a system whereby many
of the existing d*'3.wbacks might be obviated. Up to this time,
however, it had not been possible to do any tiling in furtherance of
the recommendations contained in the report, anil the question of
education was one of the earliest calling for attention at the hands
of the united Parlia-nent. How it was dealt with by that body
will form the subject of future consideration.

The fur-trade was still an ini^jortaut bianch of industry, though
the profits arising from it had shrunk greatly since the palmy days
of the Hudson's Bay Company. There were likewise a few iron
mines, the development of which was not conducted with much
viorour. Considerable sums had been expended on public works,
but the most important still remained unfinished, and the splendid
natural advantages of the country haiJ not been turned to adequate
account.

The provincial revenue, unlike like that of Upner Canada, was in
a satisfactory condition. That is to say, there was a surplus in the
provincial exchequer. The revenue for 1840 was £184,000, whereas
the expenditure was only £143,000. The public debt was small, and
taxation was light. It is not to be wondered at that the Lower

Locus in Quo.

Canadians, even on this ground alone, should have objected to unite
with the sister Province, the financial condition whereof, as has
already been seen, and as will presently appear more in detail, was
far from healthy.

In Upper Canada, while agriculture was the mainstay of the
Province, it was by no means the sole occupation, even of the rustic
population. It was moreover carried on after the most modern and
approved system then known. While the French Canadian habitant
ploughed and harrowed his ground, when he ploughed and harrowed
it at all, with implements the very appearance whereof recalled
mediaeval times, the Scottish, English, German or Irish yeoman
of Upper Canada was supplied with the latest fashion which the
inventive genius of England or the United States could devise. He
had to contend with such difficulties as his Lower Canadian con-
temporary had never known ; yet he managed to raise crops of grain
and fruits which were the astonishment of visitors to the primitive
agricultural shows of the period. It was not alone, however, that
his appliances were better than those of the habitant, but his thrift
and enterprise were greater. He had emigrated from his native
land, not merely to gain a livelihood, but to better his condition,
and to make some provision for the future. In his way, he was
ambitious. Upj)er Canada, indeed, absorbed much of the surplus
energy of the British Isles. " In 182cS, when the whole population
of Upper Canada amounted to 185, .500 inhabitants, the number of
acres under agricultural improvement was .570,000, or about S^-'g^ for
each iiidivi<lual ; in 1851 the average for each inhabitant was very
nearly four acres. The comparative progress of Upper and Lower
Canada, in bringing the forest-clad wilderness into cultivation, may
be inferred from the following table •

LOWKK CANADA.

UPPER CANADA.

Year.

No. ttcres cultivated.

No. acres cultivated

1831,

l,',0(j.-.,!)i;i

818.432

184 »,

2,802,:U7

2,100,101

1851,

;<,(iO.'i,07(>

3,702,783

1861,

4,G78,U00

0,051,019

(1
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I \i

Iff

The Last Forty Years.

Hence, in a period of twenty years, Lower Canada increased her
cultivated acres by 1.0 and Upper Canada by 4.5." * Tlie statistics
quoted overlap the period when the Union was inaugurated, but
they are characteristic of the different influences at work in the
two Provinces, and speak louder than any mere words could do.
Tn Lower Canada there were thriftlessness and isolation. In Upper
Cafiada there were energy and cooperation. County and township
agricultural societies were formed from time to time, at which
farmers living remote from each other met and compared notes on
matters of common agricultural interest. In 18S0 an Act was
passed whereby the Governor was authorized to pay a hundred
pounds sterling to any District Agricultural Society which raised
half that sum by subscription, to enable the society to import grain,
implements, and valuable live stock. Subsequent legislation afforded
further encouragement to the formation of these useful societies. It
was not till the Union had been five years in operation that a
Provincial Agricultural Association was formed ; but meanwhile the
Disti'ict Societies proved of incalculable benefit to the farming
interest generally. The better class : farmers began to take a
pride in their calling. In several parts of Upper Canada there were
properties which were conducted as model farms. Such farms would
not now be regarded as models, but they were far in advance of
whiit was commonly to be seen, and had a good effect in stimulating
a desire for agricultural improvement in the community. At the
time when the Union Act came into opeiation Upper Canada was
far behind its present condition, but ever then there were parts of
the Pi'o\"nce where some of the farms approximated much more
nearly to those of the best agricultural districts of Great Britain
than could have been believed po.ssible. In some districts, too,
fruit-growing had become a separate branch of husbandry, an«l
Canadian apples were not unknown in foreign markets.

•See " Eighty Years' Progress of British Nortii America," p. 41.

Locus in Quo.

The chief grain product of the country was wheat. Oats, barley,
rye, Indian corn and peas were grown to only a limited extent
This arose from the fact that for many years wheat was the only
farm-product that could be relied upon with certainty to sell for
ready money. Wheat, alone among grains, was always "a ca.sh
article." Other crops, as a general rule, could only be bartered for
other commodities. As a con!;C(][uence, there was a general disposi-
tion among the farming community to cultivate wheat almost
exclusively, without regard to the rotation of crops. This improvi-
ileiit system has left its traces behind it to the present day, in the
premature exhaustion of the soil in some townships which once
J, ielded bounteous harvests. The circumstance which first led
Canadian farmers to pause in this unwise course was the appearance
of the wheat midge, the first visitation of which occurred in the
Lower Province in 1829. Five years later it invaded the neigh-
bourhood of Montreal, and in 18;J.'5 and 1836 it caused great
destruction to the wheat crops in the valley of the St. Lawrence.
A strict attention to the recognized princi[)les of husbandry has
rendered the periodical visitations of these and other insect depre-
dators less formidable tlian of old, and among the most effectual
means employed against them the rotation of crops is entitled to
high rank. The entire wheat crop of Upper Canada in the Union
year was about three millions of bushels. The number of bushels
per acre varied greatly in different localities, and even in the same
localities in different years. Twenty bushels of winter wl.eat and
eighteen bushels of spring wheat were considered a fair yield.
The actual number of acres of land under cultivation, or cpiasi-
cultivation, in all parts of the Province, was 1 ,7 40,0 0-1'. Milling and
vaiious fairly productive manufactures wore carried on, not only in
the centres of j)opulation, but to some extent in the rural districts.

The towns of Upper Canada, as compared with Montreal and
Quebec, were small and sparsely populated. Toronto, the Provincial

V •':

i: I

III

1 I

LI 11 '

T/ie Last Forty Years.

capital, was first in importance. It was less than half a century
old, and only seven years had elapsed since its incorporation. It
contained little of architectural beauty, but its excellent harbour gave
it certain advantages for purposes of navigation and commerce. It
was the judicial, educational and social, as well as the political capital
of the Province, and was the point from which the chief intellectual
activity radiated. It had long been the headquarters of the Family
Compact, who maintained an exclusive social caste, and aped to the
utmost of their capacity the manners and fashions of the English
aristocracy. Their efforts exhibited much resolution, but not very
adequate fulfilment. The town had made considerable progress
since its incorporation in 18.S4, and at this time had a population of
about 15,000. Kingston, the newly-appointed capital of United
Canada, had the advantage of Toronto in point of age, but in no
other respect whatever. Its population was under G,00(). Hamilton,
at the western extremity of Lake Ontario, contained a population of
about 3,000. Bytown — now Ottawa — was merely a remote village
in the wilderness. London, situated in the midst of perhaps the
finest agricultural region in Upper Canada, was the military station
and chief town of the western part of the Province. Its population
was under 3,000.

In respect of education, Upper Canada was very far in advance of
the fdster Province. Its educational history may be said to be coeval
with the history of the Province itself, for a classical school was
opened at Cataraqui (Kingston) by the Reverenfl Dr. Stuart as early
as the year 178'). This, so far as is known to the present writer, was
the first school in Upper Canada. Four years later a school was
opened on the shore of Lake Erie, near the present site of Port Rowan,
by one Deacon Trayer. In 1702 the Reverend Mr. Addison opened a
school at Newark (Niagara), and another was opened there in 1794
by the Reverend Mr. Burns. In 1790 Mr. Richard Cockerel, who
afterwards became well known as an instructor of youth, opened

Locus in Quo.

his first school at Newark ; and in 1798 Mr. William Cooper opened
one at York (Toronto). Dr. (afterwards Bishop) Strachan's labours
in the cause of education, fir.st at Kingston, afterwards at Cornwall,
and finally at York, are well known. In 1807 legislative provision
was made for the establishment of Gramniar or High Schools ; but
no Common School Act was passed until 181G, when an annual
grant of twenty-four thousand dollars a year was provided for. It
is not necessary to trace minutely the course of subsequent legisla-
tion on the subject. Early in 1830 Upper Canada College was
opened at York, and in 188G the Upper Canada Academy, which
has since developed into the University of Victoria College, wa.s
opened at Cobourg, under the auspices of the Wesleyan Methodist
Conference. Various other less important denominational institu-
tions were founded. The charter granted to King's College Univer-
sity will call for more extended remark on a future page. In 1839
the District Schools were converted into Grammar Schools, and
250,000 acres of Crown lands were set apart for their support.

As was the case in the Lower Province, considerable difficulty
was encountered in ])rocuring capable teachers of elementary schools.
The people of Upper Canada, however, were keenly alive to the
advantages of education, and not only sent their children to the
common schools, but in many cases made special exertions to place
them at more advanced seats of learning. Intelligence was widely
diffused, and it was the exception, rather than the rule, to find an
adult inhabitant unable to read, or even to write. The Upper
Canadian farmer, too, regarded himself in the light of a citizen, and
took a strong interest in the politics and institutions of his country.
He was actuated by a spirit of imjuiry. He could discuss the
leading public questions of the day, and could criticise the conduct
of the local member with some degree of intelligence. He was, as a
rule, devotedly loy?l to the Crown of Great Britain, and felt that
Britain's fame and glory was a part of his own and his children's

li':

64.

TJie Last Fortj/ Years.

WViSV '

i
*

inheritance. Such, at the time of the Union, was the condition of
the average Upper Canadian yeoman.

The revenue of the Upper Province, as has been explained in the
preceding chapter, was in anything but a satisfactory condition.
The public expenditure had been far in advance of the times. The
construction of the Welland Canal and other important public
works had not only swallowed up all available funds, but had
plunged the Province in a heavy debt. Further expenditure was
absolutely necessary if the canals were to be made serviceable.
Not only was the exchequer empty, but there were various unsatis-
fied claims upon it. Loan after loan had been effected, and the
public debt of the Province had rolled up to about live-and-a-half
millions of dollars. The annual interest payable thereon almost
swallowed up the entire i)rovincia] revenue, leaving scarcely anything
for the permanent expenses of government. A choice between the
two evils of a national bankruptcy and direct taxation loomed before
the public eye. From the making of such a choice Upper Canada
was saved by the Union. And in this there was no such grievous
injustice to the Lower Province as at first sight api)ears. It was
legitimate and reasonable that she should be made to pay a pro-
portionate part of the cost of works which enured to her benefit
e(i[ually with that of her neighbour.

At this point the question suggests itself: How far was the for-
cing of the Union measure upon a hostile majority justitiable ? For
there is nothing to be gained at this distance of time by blinding
our eyes to the simple and undoubted fnct that the Union ivas
forced upon the French Canadian population of the Lower Prov-
ince. It is not a sufiicient answer to say, as has been .said by more
than one writer, that the latter had forfeited all claims to considera-
tion by their recent disaffection. Disafi'ection had not been uni-
versal amtmg the French Canadians ; or at any rate its open mani-
festation had not been universal. Moreover, the mere stigma of

Locus in Quo.

treason has lost much of its opprobrium in those latter days, and the
fact of a man's being found with arms in his hands against an exist-
ing Government is no longer to be regarded as conclusive proof of
his being unworthy of any human consideration. There is treason
and treason, and even the blackest of traitors has certain rights.
It may as well be conceded, too, that the Canadian rebels of 1837
and '38 were not without some show of justification for their rebel-
lion. A good many of them miglit truthfully have echoed the
declaration of Dr. Nelson and his fellow-prisoners in the new gaol
at Montreal, as expressed in a letter to Lord Durham on the 18th
of June, 1838 : — " We rebelled neither against Her Majesty's person
nor her Government, but against Colonial misgovernment. . . .
We remonstrated ; we were derided. The press assailed us with
calumny and contumely ; invective was exhausted ; we were goaded
on to madness, and were compelled to show we had the spirit of
resistance to repel injuries, or to be deemed a captive, degraded and
recreant people. We took up arms not to attack others, but to de-
fend ourselves." The true justification for the Union is to be found
in the fact that it promoted the true interests, not only of the
British who favoured, but even of the French who opposed it. It
substituted progress for retrogression, enterprise for stagnation,
modern ideas for those which were worn out or ettete. It was
not a perfect measure, but it served a good purpose for the time.
It raised a burden from the shoulders of our grandfathei's, to be
reimposed upon the shoulders of our fathers and ourselves. Well
for us tliat the latter had meanwhile gained strength to bear it.

Before bringing this chapter to a close, it should be mentioned
that during the same session of the Im[>erial Parliament which was
signalized by the passing of the Act of Union, an Act was passed
(3 and 4 Victoria, chapter 78,) whereby provision was made for the
s:de and distribution of the proceeds of the Clergy Reserves in
Canada. In a future part of this work the important question of

The Last Forty Yco,rs.

\-S'-

' '

1 1

the Clergy Reserves will necessarily occupy a conspicuous place.
At present it will be sufficient to say that they had long been the
most fruitful source of dissension between rival parties and factions,
political and ecclesiastical, in Upper Canada, and that they had
largely contributed to produce the rebellion in that Province.
Mr. Thomson had been desirous of bringing about some pacific
solution of the question before the Union Act should come into
force, and had procured the assent of the local Assembly and
Council to an Act for the proportionate distribution of the Reserves
among the religious communities recognized by law. The English
judges, however, decided that the Act was beyond the legislative
authority of the colonial Parliament, and it was accordingly dis-
allowed. The Act above named was then initiated by the Home
Government, and race' ■ the royal assent on the 7th of August,
1840. It empowered Che Governor to sell certain of the Reserves,
and to apply the proceeds for the benefit of the Churches of England
and Scotland. The measure was far from being satisfactory to
Upper Canadians generally, but various other important questions
engrossed public attention, and the great dispute respecting the
Clergy Reserves was shelved — only to be renewed with increased
vehemence in the next generation, when a final disposition was
made of it, and when the partial domination of a State Church in
Upper Canada was forever swept away.

In the foregoing chapter no attempt has been made to reproduce
elaborate statistics, or to tabulate facts for the maintenance of any
economical theory. The only desire has been to impart such a gen-
eral knowledge of the condition of the country at large as to enable
the reader to face the ensuing Parliamentary debates with some
degree of appreciation of the various interests involved. It will
probably by this time have been perceived that the Union Act, not-
withstanding the beneficent intentions of its authors, was after all,
a measure which, in the very nature of things, could only be of

Loews in Quo.

temporary utility. It attempted to do what it was beyond the
power of any mere legislation to accomplish— viz., to wipe out the
memory of the past, to obliterate life-long sympathies and pre-
judices, and to politically unite elements which were intrinsically
and geographically distinct.

11 fl

\ 8

I l\

""HiS

Chapter IV.

THE FIRST MINISTRY.

"The members of the Administration, all of whom were heads of departments, dis-
tinctly avowed their responsibility to Parliament for the measures of Government. . .
Whatever political ditFerences there may have been in the House, it was felt by every one
that there was an Administuatiox, and that its existence depended upon the support of
a Parliamentary majority." — Mil. Hincks, in The Examiner.

HE first Parliament of United Canada assembled at
Kingston, where the General Hospital had been fitted
up for its accommodation, on Monday, the 14th of June,
1841.* The Legislative Council consisted of twenty-four
members, all of whom had been appointed by His Excel-
lency only five days before, but only fourteen out of the
twenty -four presented themselves on the opening day. In accord-
ance with the terms of the Union Act, the Legislative Assembly
consisted of eighty-four members, forty-two from each of the
former Provinces. Of these eighty-four, seventy-nine were present
at the opening of the session.-f-

It will not be uninteresting to glance at the personnel of this

* MacMullen, Miles, Jeffers, Tuttle, and several other compilers of Canadian history,
represent this First Parliament as having been convened for the 13th of Jiuie. A little
investigation would have disclosed the fact that the l:ith fell on a Sunday. As matter
of fact Parliament was, by a proclamation dated the loth of February, 1841, convened
for the 8th of the following April. By a subsequent proclamation, dated the Gth of April,
the date was fixed for the 2()th of May. Finally, by a proclamation dated the 3()th of
April, the date was fixed for the 14th of June, which was the actual date of assembling
" for the despatch of business."

+ See jpost, Chap. VI.

The First Ministry.

First Parliament, for it was, in fact as well as in name, a genuine
Representative Body. That is to say, it was representative of the
best intellect and culture of both sections of the Province. It
contained an unusual number of really capable men, and there were
members of each House whose abilities would have made them
conspicuous in any country where their lot might have been cast.

Scniores priores. It is fitting that the Ministry should receive
earliest attention ; and it should be premised that the Ministry was
the result of a jn-actical coalition,* skilfully brought about by the
Governor-General. Up to the day of the opening of the session,
it consisted of nine members, six of whom belonged to the western,
and the remaining three to the eastern section of the united
Province.

The Attorney-General for Upper Canada was William Henry
Draper, a gentleman who for a brief period shared the leadership of
the Ministerial party in the Upper Piovince with Mr. Harrison. Mr.
Draper has stamped his name very distinctly upon the political and
judicial history of his time in this country. His career had been
a somewhat eventful one. He was born in London, England, in
1801. His father was a clergyman, and rector of one of the city
churches there. During his early boyhood, being a high-spirited
youth, he ran away to sea, and served for some time as a cadet on
board an East Indiaman. In his twentieth year, having passed
through his full share of adventure, he arrived in Upper Canada,
and obtained a situation as teacher of a school at Port Hope.
He subsequently studied law, and was in due time called to
the bar. He settled at Little York, afterwards Toronto, and
devoted himself assiduously to his profession. He was endowed
with high natural abilities, and soon achieved success. He possessed
a voice of great flexibility and sweetness, and his manner proved

* As will hereafter be seen, Mr. Baldwin did not regard it in the light of a coalition, but
as a mere temporary arrangement to enable the Governor-General to carry out his purposes.

I i

The Last Forty Years.

very effective before juries. No lawyer of his time in Canada
excelled him in the subtle art of persuasion, and his silver-tongued
eloquence procured for him the sobriquet of " Sweet William." In
1836 he was returned to the Upper Canadian Assembly by the
city of Toronto, and at the request of the Lieutenant-Governor,
Sir Francis Bond Head, he accepted a place in the Executive
Council of that day, but without any portfolio. During the
rebellion he served as an aide-de-camp to the Lieutenant-Governor.
In March, 1837, he became Solicitor-General, and he retained that
office until 1840, when he succeeded the Hon. Christopher A.
Hagerman as Attoi-ney-General. At Lord Sydenham's request he
had consented to retain that office in the present Ministry.

In politics he was a Conservative of a very pronounced cast.
He was an upholder of Church and State doctrines, and had not got
beyond the theories prevalent during the reign of George IIL ; but
he could upon occasion simulate a positive enthusiasm for liberal
sentiments, and could declaim about the sacred rights of a free
people in a manner highly edifying. A newspaper of the day
described him as " the most plausible of mortals, bland, insinuating,
persuasive, eloquent." He had little or nothing in common with
some of his colleagues, and it was impossible that any Ministry con-
tainiufj such incongruous elements should long hold together. As
matter of fact, as will presently be seen, one of its most conspicuous
members retired from office at the opening of the session. Mr.
Draper, however, continued to hold the Attorney-General's port-
folio, and we shall meet him frequently in the course of the fol-
lowing narrative. He at this time represented the county of Russell
in the Assembly. Many readers of these pages are familiar with his
face and figure, for he survived until about four years since, and
only died on the 3rd o* November, 1877. As known to the present
generation he was a man of singularly kindly and venerable appear-
ance, upon whom, nevertheless, the infirmities of age had left an

The First ^finistry.

ineffaceable mark. During the days of his Attorney-Generalsliip,
on tlie contrary, he was in the prime and vigour of a lusty man-
hood. His tigure was muscular and graceful, his gestures were
striking, and his language was wonderfully impressive and convin-
cing. His tiow of words was smooth and easy, and his elocution
almost perfect. His voice was such as fully to justify the so'^nquet
already mentioned, and his countenance, when lighted up with the
animation of debate, was bright and attractive. His tact, adroit-
ness and dexterity in passing executive measures through the House
were unrivalled. His Parliamentary influence was long fully com-
mensurate with his abilities. We are not, however, able to ap-
prove, or even to sympathize with much of his political career, for
we are perforce led to the conclusion that his views were not
consonant with the best interests of his adopted country. From
any but an extreme high Tory point of view, William Henry
Draper, as the Minister of Sir Charles Metcalfe, must ap])ear in
the light of a mere party politician and obstructionist, rather than
in that of a statesman. It is not as a politician that those who
are most careful for his fame wish to remember him. Fortunately
he has left a judicial record which all persons, of whatsoever
shade of political opinion, must unite in admiring. For more than
thirty years he adorned the judicial bench, and when he died ne
left behind him a reputation for judicial learning and acumen
of which his descendants may justly feel proud.

One of the ablest and most influential members of the Executive
Council, and in many respects one of the most estimable men known
to Canadian political history, was Robert Baldwin.

It has been intimated that one of the most conspicuous members
of the Council resigned office at the opening of the session.
That member was Mr. Baldwin, and his doing so has been
made a reproach against him by Lord Sydenham's biographer,
upon the ground that his resignation was calculated to embarrass

i I

i^'

The Last Forty Years.

the Governor. As a good deal of absurdity has been spoken and
written on this subject, anti as the facts are not widely known,
it is desirable that existing misapprehension should be removed,
and that a just appreciation of Mr. Baldwin's position should be
arrived at.

Mr. Baldwin entered political life in the year l;s29, as the
successor of the Hon. John Beverley Robinson in the representation
of the town of York. A brief account of his pi'evious career will
tend to the elucidation of his character and position before the
country at the time of his taking office under Lord Sydenham.
He was the eldest son of Dr. William Warren Baldwin, a gentle-
man of high social and political standing, and was born at Little
York in LSOi. He studied law, and upon completing his studies
entered upon the ]>ractice of his profession in his native town, in
partnership with his father. Tiie latter was a gentleman of very
liberal and enlightened views, and brought up his son with
political ideas in advance of his time and surroundings. Robert
was from his boyhood conspicuous, not so much for brilliant abilities
as for a veiy unusual degree of prudence and good .sense. All his
actions were dictated by a higl sense of duty and responsibility to
his Maker. He was scrupulously, almost morbidly conscientious,
insomuch that he was in some degree unfitted for the exigencies
of party warfare in those days. The writer of these pages can-
not better express his estimate of the chaiacter and aims of
Robert Baldwin than by repeating, in eH'ect, what he has said
elsewhere: — "The twenty and odd years which have sed since

he was laid in his grave have witnessed many and important
changes in our Constitution, as well as in our habits of thought;
but his name is still regarded by the great mass of the Canadian
J ^ople with feelings of respect and veneration. We can still point
to him with the admiration duo to a man who, during <i time of
the grossest political corruption, took a foremost part in our public

•I

The First Ministry.

affairs, and "ho yet preserved his integrity untarnished. Wo can
point to him as the man who, if not the actual autlior of Responsible
Government in Canada, yet spent the best years of his life in con-
tending for it, and who contributed more than any other person to
make that project an accomplished fact. We can point to him as
one who, though a politician by predilection and by profession,
never stooped to disreputable practices, either to win votes or to
maintain himself in office. Robert Baldwin was a man who was
not only incapable of falsehood or meanness to gain his ends, but
who was to the last degree intolerant of such practices on the part
of his wannest supporters. If intellectual greatness cannot be
claimed for him, moral greatness was most indisputably his.
Every action of his life was marked by sincerity and good faith,
alike towards friend and foe. He was not only true to others, but
was from first to last crue to himself. His useful career, and the
high reputation which lie left behind him. furnish an apt commen-
tary upon the advice which Polonius gives to his son Laertes: —

" 'This aliiive nil : to thine own self lie truo ;
And it iniiHt follow, ax the ni);ht t)ie <iay,
Thou caiiHt not then he fulne to any man.'

. . No unprejudiced man can doubt that he was a sincere
patriot, or thjit he was induced to enter public life chiefly by a
desire to pron)oto the general good. His frequent sacrifices of
j^ersonal advantages when required by adherence to his principles
are sufficient proof of this; and he will long be remembered in
Canada as possessing singular purity of motive, and freedom from
the lower influences whieh operate upon politicians. Our country
has perhaps produced greater men, but she has ])rodu('<'d none
better, ami tlure is no name in our annals to which we can point
with more unfeigned respect and admiration than his."*

Reared amid such influences, it was to be expected that he would,

•See "The Canadian Portrait Gallery," Vol. I., pp. 17, 45.

II 11 .„:l:; . !
i 1 T i '

ill

T'Ae Zasf i^or^;/ Yeai's.

upon attaining his manhood, take a pronounced stand on the Lib-
eral side in matters political. From the time when he was old
enough to have any decided opinions of his own he was a firm
adherent of the principles involved in the theory of Responsible
Government. It was as the advocate of those principles that he
was returned for the town of York in 182b. Upon the opening of
the session in January, 1830, he took his seat in the Assembl3^ His
first Parliamentary ex[)erienee was very brief. The death of King
George IV. in the following June rendered a dissolution necessary,
and at the ensuing election Mr. Baldwin's candidature was unsuc-
cessful. His iniluence in the Reform party, however, continued
to grow, although he scrupulously abstained from taking part
in the faction disputes of the period. His position would seem
to have been a singularly enviable one in all respects. He
occupied a high rank at the bar, and had a large and lucrative
professional business. He was possessed of coiisideral)le pecuniary
means, and was the heir to large and valuable estates. His personal
character may almost be said to have stood upon a pedestal. Dis-
honour or crooked dealing ha-' never attached, even in the remotest
degree, to the name of Robert Baldwin. The members of the Family
Compact, whose policy he and his father had spent much of their
lives in opposing, united in bearing testimony to the sincerity and
loftiness of his aims, and to the unspot''. I purity of his character.

When Sir Francis Bonil Head arrived in the Province to assume
the Lieutenant-Governorship, in January, 183G, thure were ;.hree
vacancies in the Executive Council, owing to the recent dismissal of
three of the old m inbers. These vacancies it was neci'ssary to till
without delay. The Lieutenant-Go\ernor found, upon iii(piir^,that if
Mr. Baldwin could be imluced to accept otlice the Government would
be very greatly strengthened, as his name inspired more conlidenee
and esteem than that of any other [)erson in the Province. On this
point it is sullieient to (^uote the Governor's own despatch to Lord

The First Ministry.

Glenelg, the Colonial Secretary, under date of February 22nd, 1836.
" After making every inquiry in my power," says the despatch,
" I became of opinion that Mr. Robert Baldwin, advocate, a gentleman
already recommended to your Lordship by Sir John Colborne for a
seat in the Legislative Council, was the first individual I should
select, being highly respected for his moral character, being moderate
in his politics, and possessing the esteem and confidence of all parties.
Having come to this conclusion I deemed it prudent to consult the
Chief Justice, who is Speaker of the Legislative Council ; Mr.
Bidwell, the Speoker of the House of Asscnd)ly ; and the members
of the Executive Council ; and as all of these gentlemen unreservedly
approved of his selection to the office, I sent for Mr. R. Baldwin,
and proposed to him to accept the same." * The Chief Justice here
referred to was the Hon. John Beverley Robinson, Mr. Baldwin's
predecessor in the representation of the town of York. Mr. Robin-
sou's politics and those of Mr. Baldwin were wide as the poles
asunder, and the former's approval of the latter's appointment to
office affords a convincing proof of the high estimation in which
Mr. Baldwin was held, by opponents as well as by friends.

Mr. Baldwin's reception of tlie Lieutenant-Governor'.s overtures was
not enthusiastic. He askcil time to answer, and to ctmsult with his
friends, which was granted him. Sevei'al interviews took place be-
tween him and the Lieutenant-Governor. He was disposed to insist
on certain conditions which the Governor was not advised to concede.
The latter, by way of bringing influence to bear upon Mr. Baldwin,
sent for his father, Dr. W. W. Baldwin, but for some time found
father and son equally unmanageable. One of the chief points of
discussion was the responsil)ility of the Executive Council to the
Assembly. The Baldwins contended that by the Constitutional Act
of 1791 such responsibility alreaily existed, and that when a Min-
istry ceased to comnmnd a majority of votes in the Assembly it was

•Head's "Narrative," Chap. IV.

111

I'filjl:

; if ■ t

The Last Forty Years.

bound to resign office. This was a question which the Lieutenant-
Governor was not very competent to discuss. He had probably
never heard of the Constitutional Act of 1791 until his appointment
to his present position, and he was not, either by nature or training,
fitted to grnsp the princi^ .? involved in grave constitutional ques-
tions. On the occasion under consideration lie seems to have fenced
with the question of executive responsibility until he could derive
inspiration from the Chief Justice. After consultatioii with that
functionary he took a somewhat more determined stand with Mr.
Baldwin, but nevertheless made certain concessions which seemed to
imply a sincere desire on his part to conduct his Administration in
accordance with popular views. Mr. Baldwin's friends urged hira
to accept ofHce, alleging that he could serve the popular cause better
in office than out. After a good deal of diplomacy and negotiation.
Air. Baldwin entered the Administration, two of his friends and
political colleagues — Dr. John Rolph and John Henry Dunn —
accepting office at the same time. They remained in office only
about three weeks. They found that they were treated as mere figure-
heads, and that the Governor had no intention of permitting thein
to have any real voice in carrying on the Government. They were
thus made to seem responsible, in the public eye, for acts over
which they had no manner of control. Remonstrances proving
unavailing, they resigned office, and Mr. Baldwin did not again take
any ])art in public life until 1S40, the year preceding the consum-
mation of the Union.

Upon the close of the .session of the Upper Canadian Pailiament in
February, 1840, the Governor-General, Mr. Thomson, offi'red the post
of Solicitor-General, which hat! just become vacant, to Mr. Baldwin.
That gentlei .an's reputation had rather gained than lost during the
four years which had elapsed since his retiiement, and there could
be no doubt that he would add much strength to the Government if
he could be induced to joni it. He could not, however, see his way

The First Ministry.

very clearly to accepting a place in a Government with Mr. Draper,
the Attorney-General, whose great abilities he respected, but whose
political views were utterly antagonistic to his own. But the Gover-
nor-General, who possessed an abundant degree of savoir faire,
was very urgent, and brought not only the weight of his own in-
fluence to boar, but also that of several of Mr. Baldwin's friends, with
whom lie had established amicable relations. It was represented
to Mr. Baldwin that the Governor-General had been sent over to
Canada to inaugurate Responsible Government, atid that neither
the views of Mr. Draper nor those of any other high Tory would be
permitted to stand in the way of such a consummation. It was in
his power, he was informed, to promote this desirable end by lending
his countenance to the Governor ; whereas by keeping aloof be would
render the Governor's task, alroa<ly sufficiently difficult, more arduous
still. To such arguments he was not likely to be insensible. To
see Responsible Government established — the " one idea " with which
his name is inseparably associated — was one of the prime objects of
his life. lie iinally consented to accept the vacant Solicitor-Go neral-
.ship, but without a seat in the E.x^ecutive Council. In order, how-
ever, that there should he no misapprehension as to the motives by
which he was actuated, he wrote and published a letter containing
the following announcement: — "I distinctly avow that in accept-
ing office I consider myself to have given a public pledge that I
have a reasonably well grounded confidence that the Government
of u)} ountry is to bo carrieil on in accordance with the principles
of Rosponsilile Government which I have ever held. My position
politically is certainly peculiar, but its peculiai'ity has arisen out
of the position in which the present Parliament placed the Gover-
nor-General, themselves and the country by the course they chose
to adopt during the last session, and it is therefore right that it
should be distinctly understood that I have not conio into otKce by
means of any coalition with the Attorney-General or with any

I ■•

lii

liiii^

The Last Forlij Years.

others now in tlie public service, but have done so under the
Governor-General, and expressly from my confidence in him."

For some mouths after this time nothincf occurred to brinjr the
members of the Council into direct collision, althouoh their otticial
relaticms were not always marked by pert'eet harmony. Various
correspondence took place between the leading Liberals in the two
Provinces, with a view to ascertaining how nuich there was in
common between them, and how far they would be able to harmonize
after the Union should be accomplished. The French Canadians,
as has been seen, were averse to the project of Union altogether,
and could not support the Government views. The Upper Canadian
Reformers, on the other hand, cand even many of the moderate
Conservatives, accepted the Union with cordiality. There were
also radical points of dirt'erence between the inhabitants of the two
Provinces on other questions, and perfect harnumy was not to be
looked for. The Liberals in each Province, however, were desirous
of strengthening their hands by an alliance with each other, and
communications passed to and fro between their leaders with a
view to bringing about such a result. Such was the state of affairs
when Lord Sydenham, in February, 18-tl, immeiliately after the
Union Act came into operation, found himself called upon to form
a Ministry for the United Province. He resolved to form it from
the principal officers of State in each of the old Provinces, and
notified Mr. Baldwin that he had included his name in the list.
Now, the list contained the names of only three ])ersons — John
Henry Dunn, Samuel Bealey Harrison, and Dominick Dal}- — with
whom Mr. Baldwin felt that he had much political atFinity. Of the
others, the two U|)|)er Canadian members at least wore antagonistic.
As to the Lower Canadian members, ho had not sufficient acquaint-
ance with them to know precisely how far he could assimilate with
them, but he know from their past careers that there could not be a
great deal in common between them and himself. In the very nature

TIlc First Ministry.

of things, however, a Ministry formed under such circumstances
could only be expected to be tenlporar3^ A reconstruction would
become necessary upon the meeting of the Legislature, if not before.
So argued Mr. Baldwin. He did not wish to appear factious, or to
embarrass the Governoi'-Geiieral in his attempt to nuike the Union
a success. He placed the utmost reliance upon Lord Sydenham's
good faith, and desired to assist rather than o])pose him. He accord-
ingly accr'pted office as Solicitor-General ; but in order that there
should be no misunderstanding on the subject he at once wrote to
four of his colleagues — Messrs. Draper, Sullivan, Ogden and Day —
apprising them of his entire want of political confidence in them.
He wrote to the Governor to the same effect, and announced to His
Excellency his opinion that such an arrangement of the Adminis-
tration would not command the support of Parliament. " Such
language," says Sir Francis Hincks,* " could admit of but one
construction — Mr. Baldwin plainly indicated his intention, when
the proper time came, to require a recon.struction of the Cabinet ;
but, pending the meeting of the Legislature, vas unwilling to
create embarrassment to the Governor by any prematuie action.
He, however, did not conceal from his colleagues his want of
political confidence in them. If the Governor or his colleagues had
been of opinion that Mr. Baldwin's retention of liis seat in the
Council, under the circumstances, was objectionable, they covdd
have required his immediate resignation. His own opinion was
that the assembling together of the newly-elected representatives
of the reunited Provinces, on the occasion of the meeting of
Parliament, was the proper timi; for action ; and that had he
taken any more energetic step than he did, he would have laid
himself open to the charge of causing unnecessaiy embarrassmetit
to the Governor-General." Such is a very plausible, and, as the

In a lecture on " The Political History of Ciinada," ilelivered at Montreal in October,

1877.

!1 1
1

i.:

I h

.!■

Tke Last Forty Years.

present writer believes, a perfectly correct account of Mi. Bald-
win's views and motives at the time of his acceptance of othce
in Lord Sydenham's Government, in February, 184-1. It moreover
agrees, in spirit and substance, with Mr. Baldwin's own explana-
tion, as subsecjuently given on the floor of Parliament, when taunted
with inconsistency.

After accepting office, Mr. Baldwin was elected for two different
constituencies — Hastings and the Fourth Riding of York. He
eventually decided to serve for the first-named constituency, but
at the period at which the narrative has now arrived he had not
exprewed his decision. In the month of April he I'epaircd to
Montreal, and was sworn in as a member of the Council. Nothing
further of importance occurred until just before the opening of
Parliament in June. Agreeably to a preconcerted arrangement, the
leading members of the Liberal party from both sections of the
Province reached Kingston several days before the opening of the
session, in order tliat a conference might be held respecting the
political situation. Many members who afterwards fought side by
side in Parliament then met for the lirst time. Mr. Baldwin was
present at the meeting; and indeed he had been the instrument
used for calling it together. The members were frank and explicit
in stating their views. It appeared very clearly that, owing to the
presence in the Ministry of Messrs. Sidlivan, Draper, Ogdeu and
Day, the Reform party generally were not disposed to suppoit it ;
although there was, even on the part of the Lower Canadian
members, an almost unanimous expression of confidence in Mr.
Baldwin, The French Canadian members also, as was natural
enough, insisted upon being represented in the Cabinet, and their
claims in this resi)ect were recognized by the general voice of
the Liberal party. This was maile so indisputably clear that Mr.
Baldwin felt himself bound to insist upon a reconstruction. He
could not retain office in a Ministry which did not enjoy the

The First Ministry.

conlidejice of his party. The alternative of recon.struction or
resignation stared him in the face.

Mr, Baldwin accordingly wrote to His Exqellency on Saturday,
the 12th of June, explaining his views, and advising such a recon-
struction of the Ministry as should include several French Cana-
dian members. His Excellency was apprised that the Reformers
from Eastern and Western Canada had formed themselves into a
united party which represented the political views of a great
majority of the people ; that the members of that party had
no confidence in the Administration as then constituted — thouirh,
it was added, the want of confidence did not extend to the
Head of the Government — and that before it would be possible
for them to support the Administration Mr. Sullivan, Mr. Draper,
Mr. Ogden and Mr. Day must cease to be members of it. Mr.
Baldwin added that in the faithful discharge of the .sacred duty
imposed upon him by his oath of oftice he felt bound respectfully
to tender to His Excellency his humble advice that the recon-
struction of the Administiation upon the basis suggested was
a measure essential to the successful and happy conduct of
public artair.s.

The reconstruction of the Ministry suggested by Mr. Baldwin at
this time would have involved no constitutional iriegularity. A
very similar reconstruction, indeed, took place in the summer of
184'2, during the Administration of Sir Charles Bagot. The Gov-
ernor-General, however, refused to be dictated to, and declined the
overture in no very even frame of mind. The French Canadians,
he said, had opposed the Union, and their hostility to that measure
had suffered no diminution. He had several months liefore offered
Mr. Lafontaine a place in the Government, and that gentleman had
thought proper to refuse the oHer. His Excellency's rejection
of Mr. Balilwin's proposal left the latter no alternative but to
resign, which he did on the evening of the Siune day, less than

ijll

fil

I'i l^

'■' V

The Last Forty Years.

forty-eight hours before the opening of the session.* Such are
the facts witli reference to this matter, wliich have been garbled
to suit the views of two generations of political partisans, and
have been made a ground of censure against Mr. Baldwin by
Lord Sydenham's biogra|)her,-|" and others who have followed in
his wake.

We have now brought Mr. Baldwin's life down to the point at
which the narrative has arrived — the opening of the session of IHll.
In personal appearance lie was less robust than Mr. Draper, and his
address was by no means so ingratiating. He was slightly above
the medium height, and though he had scarcely reached middle age
there was a perceptible stoop in his shoulders. His countenance
was wanting in colour, and its expression was rather stolid. His
eyes, unless when lighted up by the excitement of debate, were
deficient in animation, and there was nothing about him to proclaim
that he was intellectually above the average of his fellow-men.
His ideas did not come to him quickly, and as a speaker he was
neither fluent nor brilliant. His sentences were ill constructed,
and he often paused for want of a word ; but his clear common-
sense, keen love of justice, and perfect honesty of purpose some-
times made his speeches more efl'ective than the more florid and
finished orations of some of his contemporaries. Whether in or
out of Parliament, he always commanded an attentive audience.

Robert Baldwin Sullivan, the President of the Council, was
probably the most brilliant man known to the Canadian history of
his time. He was one of the Crown appointees to the Legislative
Council ; was Irish by birth and parentage, and had emigrated
to Canada in his youth. His mother was a sister of the Dr. W. W.

* Mr. Baldwin's resi^'nation was not formally accepted until the evening of Monday,
the 14th ; so that it did not actually take effect until that date.

tSee "Arenioir of the Life of the Right Honourable Charles Lord Sydenham, (x.C.B.,
with a Narrative of his Administration in Canada," edited hy his brother, G. Poulett
Scrope, M.r. ; pp. 230-233.

ill

The First Muiistry.

Baldwin already mentioned, so that he was a first cousin of Robert
Baldwin hiinseli". He studied law iu the office of Dr. Baldwin,
who, after the manner of those primitive times, united the legal
with the medical profession in his practice. After his call to the
bar he entered into partnership with his cousin, at York, and
speedily attained high professional rank. Notwithstanding this
connection, and the Liberal influences among which his youth was
passed, he allied himself with the Conservative party upon his
entry into public life. It is difficult to believe that he had any
strong political convictions on either side. Indeed, in after years
he was known to say to his colleagues in the Ministry: "Settle
your policy among you as you please. Whatever policy you deter-
mine to adopt, I engage to furnish you with good reasons for its
adoption." He held enlightened views, but they were views merely,
and not convictions. It so happened that when he first began to
take an interest in public affairs, in 1834, various circumstances
combined to alienate him from his Liberal connections. His uncle
and cousin had ceased, for the time, to take an active part in
politics. William Lyon Mackenzie had forced himself upon the
notice of the more advanced wing of the Reform party, and was
besides a conspicuous factor in municipal affairs. He had been
returned as first mayor of the newly-incorporated town of Toronto.
Mr. Sullivan was also an aspirant to municipal honours, and found
himself opposed to Mr. Mackenzie on various questions of local
policy. At a subsequent municipal election he successfully opposed
Mr. Mackenzie in St. David's Ward, and was afterwards e'cctcd to
the mavoraltv. There was a marked antagonism between him and
Mackenzie, which erelong extended itself bevond the confines of
raunicii)al att'airs. Sullivan denounced Mackenzie as a noisy dema-
gogue. Mackenzie retorted by characterizing Sullivan as an oily-
tongued lawyer who would lie the loudest for the client who had
the longest purse. Those who espoused Mackenzie's side were

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The Last Forty Years.

members of the Reform party, while Sullivan's supporters were
Conservatives. Mr. Sullivan's social predilections also threw him
among Conservative society. When Sir Francis Head appeared on
the scene he fraternized with Mr. Sullivan, and offered him a seat
in the Executive Council, which offer was accepted. Four ultra-
Conservatives were aduiitted into the Council at the same time,
and erelong the popular branch of the Legislature passed a vote of
want of confidence in all the five. Mr. Sullivan's fortunes were
thus completely identified with the Conservative party, and he
soon became the Lieutenant-Governor's most trusted Councillor.
Thenceforward he held office continuously until after the date at
which the narrative has arrived.

An impartial historian is bound to give Mr. Sullivan credit for
very high intellectual powers. As an orator he certainly had no
rival among his contemporaries. He had a brilliant imagination,
and wonderful power of expression. He possessed a wide and
various knowledge of men and things. He could always be depended
upon to make an effective plea either for or against any measure
that engaged his attention, and he could feel the ])ulse of the
House while he was speaking. The great defects of his character
were want of sincerity and want of genuine earnestness of purpose.
Though devoid of strong political convictions, he had the faculty
of personating them with wonderful cleverness. He could, when
occasion required, make a telling speech in which he would seem to
be cairied away by a whirl w:* d of passion. At its close he would
sometimes ask his neighbour it he had not played his part well;
and on one occasion he added : " My own opinion is all the other
way, but there is no one on that side of the House sharp enough to
see the weakness of my argument." He spoke with a strong
Irish provinciii) accent, which was sometimes ludicrous, but always
musical aud efiective. He was fond of display, and inordinately
vain of his talents. Sir John William Kaye, the biographer

The First Ministry.

of Sir Charles Metcalfe, is not always felicitous in his charac-
terization of Canadian public men, but his pen-portraiture of
Mr. Sullivan is near enough to accuracy to be worth quoting. He
describes the President of the Council as "an Irishman by birth
and a lawj'er by profession ; a man who, if he had united consistency
of political conduct and weight of personal character with the great
and original talents which he unquestionably possessed, might have
taken a conspicuoi ■ part in the public affairs of any country. To
Sir Charles Metcalfe he was described as the best writer and the
best speaker in the colony — but there the commendation ceased."*
Samuel Bealey Hanison was a less conspicuous figure than thooj
members of the Council already mentioned, but he was leader of the
Reform element in the Ministerial party in Upper Canada, and was
a man of some mark in his day. It has been said of him that he
was " a person very difficult to describe, from want of salient points
in his character." He was an English lawyer who had emigrated
to Canada a few years before this time with a view to engaging in
agriculture. He had, however, drifted into other pursuits, and had
become private secretary to Sir George Arthur, the last Lieutenant-
Governor of Upper Canada. Ho subsequently engaged in politics,
and at this period held the portfolio of Provincial Secretary for
Upper Canada. For some months, indeed, he was the actual
Premier. At the time of the opening of the session he was
without a seat in the Assembly, having been defeated in Ham-
ilton by Sir Allan MacNab, and in the county of Kent by Mr.
Joseph Woods ; but he was soon afterward^ returned for Kingston,
in place of Mr. Anthony Manuhan, who resigned his seat and
accepted the post of Collector of Customs at Toronto.f With

•Kaye's "Life and Correspondence of Charles, Lord Metcalfe," Vol. II., p. 339.
Revised edition, 1858.

+ It was said at tlie time that Mr. Harrison's return for Kingston was largely due to a
fear on the part of tlie inhabitants lest Lord Sydenham niiK'ht take umbrage at the defeat
of one of the most useful of his ministers, and might mark his disapprobation by removing
the seat of Government.

The Last Forty Years.

: '

•

no pretence to brilliant parts, Mr. Harrison was a man of strong
sense, and was a useful member of the Ministry. In politics he
was a moderate Reformer. "His qualities," says Kay e, "were for
the most part of a negative description. Unassuming and un-
affected, making no display of his talents, he still got through
his business in such a manner as to justify a belief in their existence.
But although his character was not clearly defined, his political
opinions were; and his Liberalism was at least undoubted."* In
personal appearance ho was above the medium size, ruddy, and of a
cheerful countenance. His speeches were short and practical, and
had about them an air of candour and sincerity.

A somewhat conspicuous figure in his day and generation was
Don.inick Daly, who held the post of Provincial Secretary for the
Lower Province. Ho has been a[)tly called " the permanent secre-
tary, the Vicar of Bray of Canadian politics." A good deal of harsh
criticism has been passed upon Mr. Daly's political career in Canada.
That career is certainly not one to be held up to unbounded admira-
tion, but those who have censured it the loudest seem to icfnore
the incidents of his previous life and training. He belonged to an
order of things which passed away with the inaguration of the
Union. He was an Irishman and a Roman Catholic, who had come
out to Canada with Lieutenant-Governor Sir Francis Burton, in
1823. When Sir Francis returned to England his secretary
accompanied him, but afterwards returned to Quebec to take
the post of Provincial Secretary. He continued in the public
service for a continuous period of about a quarter of a century
thereafter. He attained some measure of popularity with the
French Canadians — owing doubtless in large measure to his re-
ligion — and seems to have been a good deal trusted by succe-ssive
Governors. He was a placeman — " the last of the old bureaucracy" —

*Kaye'8 "Life and Corresponilenoe of Gharlea, Lord Metcalfe," Vol. II., p. 340.
Revised edition, 1858.

The First Ministry.

and deemed it to be his duty to support the Government policy,
whatever that policy might happen to be. Of politics he knew
little. He never allied himself with any party, had no aptitude for
political life, and was almost devoid of political .sympathy. He was
a member of Lord Durham's Executive, and seems to have been
highly esteemed by that nobleman. Lord Sydenham found in him
a man who might be implicitly depended upon to carry out his
(the Governor's) will, and accordingly retained him in his post of
Provinicial Secretary for Lower Canada. It would have been well
if he had been pensioned as an old public servant, and thus dis-
posed of, for his subsequent political career was not an unmixed
success. He continued to hold office through repeated changes of
Government for a period of seven years, and could never be made
to see that he ought to resign merely because his colleagues found it
necessary to do so. He regarded his office in the light of a per-
manent appointment, which he was quite justified in retaining so
long as he enjoyed the countenance of the Governor. For the rest,
he was a fair specimen of the Irish gentleman. His manners were
pleasing, and his heart kindly. Socially he was a Conservative, and,
unless when his temper was unduly ruffled, he had a fair share of
tact and good judgment. He did not possess the national gift of
eloquence, and was but an inditferent speaker. He represented
the constituency of Megantic in the Assembly. In the House he
exerted little influence, but his experience was useful in Council,
and he was generally popular with all classes. " Tlie verdict on
him," says a contemporary wi iter, " ought perhaps to be that at a
transition period he fulfilled a useful purpose, though it is impossible
to regard him with any warmer feeling than one of criticism, which
is baulked for want of a standard." * He was the only Roman
Catholic member of the Government.

Cliarles Richard Ogden, Attorney-General for Lower Canada,

* See "The Irishman in Canada," p. 431.

iiyi

The Last Forty Years.

was another old public servant, and sat in the Assembly for the
town of Three Rivers. He was a lawyer of ability and experience,
who had been loyal to the British interest in the Lower Prov-
ince, and had successively held the offices of Solicitor-General and
Attorney-General there, at a time when those offices yielded about
as much trouble as emolument. During Sir John Colborne's admin-
istration of affairs in Lower Canada, the task of preparing all the
legislative ordinances of the Special Council had devolved upon Mr.
Ogden in his capacity of Attorney-General, and he had been very ser-
viceable to the Governor. He was not, and could not have expected
to be, regarded Avith much conlidence by the French Canadians, to
whose policy he had always been opposed. His connection with the
Government was not of long duration. His acceptance of office was
a mere temporary expedient, and he soon afterwards withdi ew from
public life in Canada to become Attorney-General in the Isle of Man,
to which position he was appointed by the Imperial Government.
Charles Dewey Day, Solicitor-General for Lower Canada, and
member for Ottawa County, also held office through only one
session, when he retired from public life to accept a seat on the
judicial bench. Of all the members of this first Ministry under
the Union, Mr. Day is the only one who now survives. John
Henry Dunn, Receiver-General, had no very salient points in his
character. He had held office in both the Executive and Legislative
Councils of Upper Canada, was a trusted member of the Reform
party, and now represented the city of Toronto in the Assembly,
He is referred to by Lord Metcalfe's biographer as " an Englishman
of no great acuteness of perception or ardour of patriotism, equally
wanting in the steadier qualities of order and precision."

The only member of the Government still to bo mentioned was
Hamilton Hartley Killaiy, who had entered the Government about
five weeks later than his colleagues, and who sat in the Assembly for
the town of London. Mr. Killaiy was an Irish gentleman of the old

The First Ministry.

school — a man who neither knew nor cared much about politics,
and could not be said to belong to any political party, but who
was a highly efficient engineer, and eventually made a capable
head of a department. For the present he merely held office as an
Executive Councillor, without portfolio.*

Such was the many-hued complexion of the first Ministry of
United Canada. Lord Sydenham had certainly succeeded in get-
inof toii-ether a lot of incongruous material. It miorht have been
said of him, as was long before said of Lord Chatham, that he had
made "an Administration so checkered and speckled — had put to-
gether a piece of joinerv so crossly indented and whimsically dove-
tailed — a cabinet so variously inlaid — such a piece of diversified
mosaic — such a tesselated pavement without cement, here a bit of
black stone and there a bit of white — patriots and courtiers, Whigs
and Tories, treacherous friends and enemies — that it was indeed a
curious show, but utterly unsafe to touch and unsure to stand on."
Such as it was, however, it served Lord Sydenham's pui-pose. It
tided him over the only session he was destined to see. Under its
auspices the new order of things was ushered in.

* For a humorou.s and somewhat exaggerated portraiture of Mr. Killaly, see the
acco\int of "The Commissioner," in Dr. W, A. Adamson's "Salmon Fishing in Canada,"
PI). 118, 119.

II g^l-iili:

Chapter V.
THE ASSEMBLY OF NOTABLES.

" Meanwhile, suppose we two, good readier, should, as even without miracle Muse Clio
lenables us, take our station on some coign of vantage, and glance momentarily over this
Proceaaion."~CARLYLE'ii French Bevolution; Book IV., Chap. IV".

ARIOUS men of mark, in addition to the members of the
Ministry, were returned to the first Legislative Assembly
under the Union.

Conspicuous among the representatives from the
Lower Province was Thomas Cushing Aylwin, a lawyer,
and a man of shrewd intellect, considerable learning, and
great powers of debate. He was a Canadian by birth, having been
born in the city of Quebec in 1806. His youth had been one of
exceptional brightness and promise, and though still somewhat
short of middle age, he had won high distinction in his profession,
and was accounted one of the highest authorities in Canada on the
subject of criminal jurisprudence. He had shown strong Liberal
predilections from his boyhood, and ten yeai's before the time of
his appearance in this history he had won considerable reputation
as a caustic and slashing writer of newspaper articles. During
Lord Gosford's administration of affairs Mr. Aylwin had distin-
guished himself by his chaaipionship of the French Canadians, and
by his journalistic and oratorical onslaughts upon the policy pursued
by that nobleman. He was one of the original founders of the
Constitutional Association of Quebec, and was the friend and
coadjutor of John Neilsoii, the veteran editor of the Qweheo Gazette.

The Assembly of Notables.

He now sat in Parliament for the first time, and represented the
constituency of Portneuf. He was destined to remain in the House
for seven years, during which period he won the deserved reputation
of being the keenest Parliamentary debater of his time in Canada.
His subsequent career on the judicial bench was of more than
average mark, so long as health and vigour were vouchsafed to
him ; but it can hardly be said that the performance of his mature
age kept pace with the brilliant promise of his youth and middle
life. He paid the penalty of precocity, and was an old man, both
in mind and body, before his time. When he first took his seat in
the First Parliament, however, the prime of his manhood was upon
him, and he still, in the words of the poet, felt his days before him.
He had a rasping and incisive tongue, combined with great powers
of vituperation, by the exercise of which he on more than one
occasion brought down upon his head bloodthirsty threats of ven-
geance from those whom he so mercilessly assailed. He was near-
sighted and wore spectacles, and was rather below the medium size.
When he chose, he could display most ingratiating manners, and bo
an exceedingly agreeal)le companion. Lord Metcalfe's biographer
describes him as he appeared two years later — "a man of infinite
adroitness and lawyer-like sagacity, skilled in making the worse
appear the better reason, and exposing the weakness of an adver-
sary's cause."

Another notable personage was the above-mentioned John Neilson,
one of the most energetic and hard-working: men who have ever
taken part in Canadian public life. Mr. Neilson was Scotch by
birth and descent, but had emigrated from Scotland to Canada in
1790, when he was about fourteen years of age. One of his
paternal uncles was then proprietor of the Quebec Gazette, the first
newspaper ever pub^'shed in Canada, and the nephew seems to have
been employed upon the paper in some capacity from the time of
his first arrival in the country. Upon attaining his majority, he

The Last Forty Years.

took the entire direction oi' the Gazette, which was publislieJ both
in French and in English, and under his active management
attained what for those days was accounted as a large circulation
and influence. He had been engaged in public life for more than
twenty-two years at the time of the consunnnation of the Union,
having been first returned to the Provincial Assembly of Lower
Canada in 1818, for the county of Quebec. He identified himself
with the interests of his Province, and took a leading part in
discussing the many important public questions of the time. He
devoted particular attention to the subjects of education and agri-
culture, and advocated many useful reforms. He was endowed
with a large and practical mind, was honest and w^ell-meaning, and
of high personal character. He called himself, and doubtless
coascientiously believed himself to be, a Liberal, but the cast of his
mind was by no means that of an agitator. His zeal for reform
was restricted w^ithin constitutional bounds. There was about him
nothing of the mere demagogue. He fought the battles of the
French Canadians, and was highly regarded by them in turn. He
advocated the preservation of many of their laws and customs, and
stigmatized certain acts of successive Governors as arbitrary en-
croachments on the rights of the native population. He was
opposed to unnecessary changes, and was slow to approve of radical
reforms the benefits of which were not clearly demonstrable. In
1822 he accompanied Louis Joseph Papineau to England to oppose
the scheme for the uniting of the two Provinces wdiich was then
contemplated by the Lnperial Government. He was one of the
delegates chosen in 1828 to present the " monster petition " of
87,000 French Canadians to the Imperial Parliament. In 1834 he
was despatched on a third mission to England on behalf of the
people of the Lower Province. During all these years he had
exercised a certain supervision over the management of the Gazette,
and a year or two before the breaking out of the rebellion he had

The Assembly of Notables.

been compelled, in consequence of the death of his son, to resume
the entire direction of that journal. He condemned the rebellion,
but sympathized with many of the inciting causes which led to it,
and put forth the weight of his influence to save many misguided
men who took part in the outbreak. To the scheme of union he
was vehemently opposed, and as a member of the Special Council
voted against it. When the project became an accomplished fact
he was not a whit reconciled to it, and now took his seat in the
Assembly determined to oppose the Government's policy to the
utmost, in so far as the Union was concerned. He was by this
time an old man of sixty-five,* but his eye was undimmed, and his
natuial force almost unabated. He was not an eloquent or even
an effective speaker, but the vigour of his intellect was constantly
making itself aj)parent, and he was an invaluable member of select
committees. He sat in the House for his old constituency of
Quebec County, where he had been returned without opposition.

Etienne Parent, the member for Saguenay, was another conspicu-
ous figure in the Assembly. He was a French Canadian, born at
Beauport, near Quebec, in 1801. Though only forty 3''ears old at this
time he was a veteran journalist, and had done very effective work
in the columns of Le Ganadien. He had received a good education,
and had studied law, but had erelong abandoned that profession for
journalism. He had at one time held the post of French translator
in the Lower Canadian Assembly. As editor of Le Canadien he
was one of the best known men in his native Province, and made
his paper the leading exponent of French Canadian sentiment and
views. He was a polished and vigorous writer, well versed in the
national politics, but somewhat deficient in prudence, and had on

* "The venerable John Neilson, of Quebec, is the Dean Swift of the House. He says
what lie pleases ; is witty, wa^'gish, impudent or polite as he pleases. He is tolerated at
all times, out of order as well as in it. He is judicious, and displays a great knowledge of
Parliamentary usage."— C. C. W., a Kingston correspondent of the Brockcille Statesman.

The Last Forty Years.

'■%

several occasions exposed himself to the censure of the Government
by his fierce diatribes against the abuses of the times. During the
troubled period immediately following the rebellion he had under-
gone a term of imprisonment in the Quebec gaol for some more than
usually rabid utterances in Le Canadien. During his confinement
he suffered much from cold, and upon his release in the spring of
1838 he found that his sufferings had affected his hearing to such
an extent that he was for the time unfit to pursue his career as a
lawyer. He resuu^ed his labours as a journalist, having learned
wisdom in the school of experience. He now sat in the Assembly
as the mouthpiece of a large and influential body of his coun-
trymen, who looked up to him as a heaven-born legislator and
patriot, who would guard their interests against the ever-recurring
encroachments to which they believed themselves to be subjected.
Robert Christie is better known at the present day by his liter-
ary productions than by his Parliamentary career, but the latter
extended over a long period, and he was, in his way, a man of mark.
He was a Nova Scotian by birth ai i education, but had long
resided at Quebec, and had become somewhat notorious throughout
the Lower Province. He had studied law at Quebec, and had been
called to the Provincial Bar, but never distinguished himself by his
forensic attainments. Neither did he appear to remarkable advan-
tage as a politician. He was eccentric and erratic, hot headed and
impulsive, crotehetty and unpractical. He had been a fellow-
labourer with John Neilson on the columns of the Quebec Gazette.
His writing was not without spirit and vigour, and he possessed
great political knowledge, though many of his ideas were visionary,
fanciful, and unsuited to the times. He had represented Gaspo in
the Assembly of the Lower Province, but had been expelled from
the House in 1829 for having advised the dismissal of a number of
magistrates from the Commission of the Peace on accouni of their
votes and speeches in the Assembly. His advice had been acted

The Assembly of Notables.

upon, and the dismissal had caused great scandal and much strong
language. K.s expulsion was a poi)ular measure at the time, and
he himself was visited with a tremendous storm of obloquy. His
constituents, however, sustained him, and returned him again to the
Assembly. His return was followed by a second expulsion, and he
did not again obtain a seat in Parliament until the period at which
the narrative lia.s arrived. He now sat in the united Assembly for
his old constituency of Gaspe,* which he thenceforth continued to
represent until the general elections of 18.54, when he was defeated,
and finally withdrew from political life. The work by which he is
best known is the series of annals called " A History of the Late
Province of Lower Canada," in six volumes — a work which is of
great value to the student of Canadian history, but which is marred
by a heavy and cumbrous style, and by an utter want of system in
its arrangement.

Augustus Norbert Morin, a French Canadian advocate of middle
age, had already made his mark in the Provincial Legislature, but
had not yet gathered all the fame which was in store for him.
He came of a middle-class family, and won an honourable place in
his profession while he was still a very young man. He was first
returned to Parliament in 1830, when he was twenty-eight years
of age, and though diffident in his manner, he soon became known
as a man of considerable political insight and power. He took
part in all the conspicuous debates of the period, and in 1834 was
deputed by the Assembly to repair to England as the colleague of
Mr. D. B. Viger, who had preceded him thither to present certain
petitions and lay certain facts "before the British Ministry. His
personal character stood verv high, and he was respeetud as a
thoroughly upright and honourable man. At this period he did
not speak the English language with great fluency, and did not

* Mr. Christie was not present at the opening of the session, and did not actually take
his seat until several days after.

li:

The Last Forty Years.

often address the House, but his great influence among his com-
patriots was undoubted. He was a man, too, who wore well. He
was undemonstrative, and the reverse o^ self-asserting. One
might know him for years without recognizing the force and
genuine depth of manliness that were in him. Lord Metcalfe's
biographer, writing of him two years later, says: — " His character,
as described to Metcalfe, would have fitted well the hero of a
romance. With administrative abilities of the highest class, vast
powers of application, and an extreme love of order, he united
a rare conscientiousness and a noble self-devotion which in old times
would have carried him cheerfully to the stake. His patriotism was
of the purest water. He was utterly without selfishness and guile.
And he was of so sensitive a nature, and so confiding a disposition,
that it was said of him, he was as tender-hearted as a woman and
as simple as a child. But for these — the infirmities only of noble
minds — he might have been a great statesman." He now sat in the
Assembly for Nicolet.

Denis Benjamin Vigor, Richelieu's representative, was one of
the best known public men of his day in his native Province. He
was a lawyer of high standing, well read in his profession and out
of it, and of irreproachable personal character. He had been long
in public life ; had sat in both the Council and the Assembly of
Lower Canada, and was loved and trusted by his constituents.
The nature of his mission to England in 1JS34 has been glanced at
in the preceding paragraph. He had been the bosom friend and
co-worker of Mr. Papineau, and had suffered imprisonment for his
complicity in the rebellion. Such an experience was well calcu-
lated to endear him to his fellow-countrymen, who returned him to
Parliament the first opportunity. His subseciuent jmblic career, as
will hereafter bo seen, was somewhat at variance with his past
record. Though considerably past middle life he was of very
winning appearance. He was somewhat short of stature, but

The Assembly of Notables.

well made, and of a rine, intellectual, and withal refined cast of
countenance.

Several other Lower Canadian members must be passed over
with mere mention. Dr. — afterwards Colonel, and finally Sir
Etienne Pascal — Tacho, a gentleman who subseijuently rose to
high position in political life in Canada, now took his seat in
Parliament for the first time, and represented the constituency of
L'Islet. The Hon. George Mofiatt, who had been appointed Legis-
lative Councillor under Lord Aylmer in 1831, and in 1838 had
been appointed by Sir John Colborne to the Special Council, now
sat in the Assembly as the colleague of Benjamin Holmes in the
representation of the city of Montreal. Mr. Mofiatt was English
by birth, but had long resided in Monti'eal, where he had made a
considerable fortune in commerce. He was a man of much local
inrtuence, and had been loader of the British party in the Legis-
lative Council. He was a very distinctly pronounced Conservative
in his views, but did not make a specially distinguished figure
in public life subseipient to the Union. Mr. Holmes was much
more advanced in his political opinions than his colleague, and the
divergence between them increased with time. Mr. Holmes was
known for a man of sturdy independence of spirit, who communi-
cated his ideas in few words, and was no dealer in ])rosy speeches.
Austin Cuvillier, the member for Huntingdon, was chiefly con-
spicuous for his knowledge of the finances of the country, and of
the law and practice of Parliament.

One of the most noteworthy representatives from the Upper
Province was undoubtedly Francis Hincks, a gentleman whose
political life was then just beginning, and who after a long, useful,
and very active career, is luippily still spared to us. Mr. ilincks is
an Irishman by birth and education. He was born at Cork, in 1807.
His father, the Rev. Dr. T. D. Hincks, was a learned divine of the
Irish Presbyterian Church. He himself was breil to connnercial

\<i u

The Last Forty Years.

pursuits. He emigrated from Ireland in 1832, and settled at Little
York, in Upper Canada, where he engaged in business as a whole-
sale merchant. He formed an intima.te friendship with the Bald-
win family, and attached himself to the Reform party. He
soon gave up commercial life, and became the manager of a bank
promoted chiefly by the Reformers in and near Toronto, and
became known as a man of much shrewdness and good judgment.
He first came conspicuously before the public in 1835, in connection
with a Parliamentary investigation into the affairs of the Welland
Canal, in which he unearthed various abuses, and proved incontest-
ably that there had been great mismanagement in the conduct of
aflairs. In 1838, having formally allied himself with the Reform
party, he established The Toronto Examiner, a weekly paper
published in the interests of that party, and having for its motto :
" Responsible Government and the Voluntary Principle." Mr.
Hincks proved himself to be a vigorous and versatile writer, and
the Examiner did good work for the popular cause. Alone among
Upper Canadian journalists, he upheld the doctrines enunciated in
Lord Durham's report. The paper obtained a wide circulation for
those times, and made the editor's name known throughout the
land. At the first general election under the Union he was invited
to stand as the Reform candidate for the county of Oxford. He
assented, and was returned to the Assembly, where he erelong, as
will be seen, became one of the most conspicuous figures. He was
a master of accounts, and a fluent and incisive speaker, and he had
a thorough grasp of the main points at issue in the country. On
questions respecting the trade and currency of Canada his know-
ledge was greater than that of any man in the Assembly. He
was destined to hold an important oflRce in the Government, and
to play an important part in our Parliamentary history,

John SandfieJd Macdonald, who was destined to play an almost
equally prominent part in political life, also took his seat in

The Assembly of Notables.

Parliament for the first time in 1841. He was in his twenty-ninth
year, and sat in the Assembly for his native county of Glengarry.
l.y what insignificant events is che future of some men's lives
determined ! After several boyish escapades, young Macdonald
had begun life as a clerk -n a general "store "at Cornwall. He
was small of stature, and when carrying parcels home for his
employer's customers was sometimes treated with ignominy by the
street Arabs, who pelted him with snowballs and called him
unsavoury names. In after years the wear and tear of an excep-
tionally combative political life rendered him case-hardened, but at
this time the epithet of " counter-hopper " proved too much for his
sensitive organization. One day, after being subjected to greater
contumely than usual, he threw up the " counter-hopping " busi-
ness in profound disgust, and entered upon the study of the law.
Some persons might be disposed to pronounce this sudden change
of occupation a leap from the frying-pan into the fire. In his case
it did not prove so. Notwithstanding the drawbacks inseparable
from a constitution far from robust, he studied diligently, and early
in 1(S40 was admitted as an attorney. He settled down to the
practice of his profession at Cornwall, and soon gained both money
and fame. He was a representative Roman Catholic Gael, and as
the population of the country thereabouts was largely made up of
persons of the same religion and nationality, he had no lack of
clients. He throve apace, and became the idol of the Celtic popu-
lation. Six months after his admission as an attorney he was
called to the Bar, and at the general election of IHll lie was
returned to the Assembly, whfere, as will in due course be seen, he
was not long in making his presence felt. He was presumed to
have been elected in the Conservative interest, but it was some
years before his constituents made any attempt to dictate to him as
to his politl«.a,l "onduct. It was sufiicient for them that he was " the
Macdonald," and that he could make a rattling speech to them in

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100

The Last Forty Years.

their native Gaelic tongue. As for himself, his political viev/s were
of a decidedly composite order. He lEinally determined to cast in
his lot with the Upper Canadian Conservatives and the Lower
Canadian Frenchmen who opposed the Government, but it cannot
be said that he ever acted very cordially with them. He was, as
he in after years described himself to be, a political I«hmaelite.

Sir Allan Napier MacNab was more conspicuous by reason of
his prominent position in the Conservative party than from his
inherent abilities, though he afterwards proved that he possessed
one of the most important qualifications for the mere politician
— the ability to bow to the inevitable, and to make concessions
with a good grace when concessions could no longer be avoided.
He had a somewhat chequered history. Like many others
of his race and lineage, he suffered from chronic impecuniosity.
He was born at Newark (Niagara) in 1798. His father had been
a soldier in the Revolutionary War, and afterwards a member of
the staff of Lieutenant-Governor Simcoe. The son inherited a
fondness for a military life, and notwithstanding his tender age,
saw some active service during the war of 1812-'15. He was sub-
sequently employed as a copying clerk in transcribing the journals
of the Upper Canadian Assembly. He studied law at York, and
while so engaged he was compelled to resort to all kinds of devices
to save himself from arrest for debt. On more than one occasion
he was in that harassing state of existence known in technical
parlance as "on the limits," and was compelled to restrict his
perambulations within the charmed circles of the blue posts which
in those times marked the boundary that must not be passed by a
bailed debtor. He had, however, a robust constitution and a powerful
frame, and his pecuniary troubles never seemed to check the hilarious
flow of his spirits. In 1825 he was called to the bar, and some
years later began legal practice in Hamilton. A more than average
measure of professional success attended him there, but he never
learned the secret of restricting his expenditure within the limits of

The Assembly of Notables.

101

his income, and was always in pecuniary straits. In 1829 he
appeared as a witness before a committee of the House of Assembly
at Little York, to testify concerning liis knowledge of an outrage
which had been committed at Hamilton / short time previously,
when the Lieutenant-Governor, Sir John Colborne, had been burned
in effigy. For declining to answer certain compromising questions
put by Dr. Rolph, he was declared guilty of contempt and breach of
privilege, and was committed to gaol during the pleasure of the
House. This made a political martyr of him in the estimation of
the Tory i)arty, and at the following general election he was returned
to the Assembly in the Tory interest by the electors of the county
of Wentworth. He represented that constituency through the three
next Parliaments, and in 1837 was elected Speaker of the Assembly.
Durinfi: the rebellion he took the command of the Provincial militia,
and distinguished himself on the Niagara frontier by directing the
cutting out of the steamer Caroline from the American side of the
Niaijara River, and starting her adrift to float over the terrible
cataract sevei-al miles below. In recognition of this achievement,
and of his military services generally, he afterwards received the
honour of knighthood. At the genei'al election for membeis of the
First Parliament under the Union he offered himself to the electors
of Hamilton, in o})position to Samuel Bealey Harrison, the Pro-
vincial Secretary'. As the nominee of the Administration this
gentleman was a formidable opponent, but Sir Allan was personally
po})ular, and his services during the rebellion were still fresh in the
public memory. The Provincial Secretary was beaten, and, after
being again beaten in Kent, was finally compelled to take refuge in
Kingston, where, as has been seen, Mr. Anthony Manahan made way
for him. Sir Allan took his seat in the Assembly as the avowed
leader of the Conservative party, a position which he retained for
many years. His Conservatism was the legitimate result of his
training and a.ssociations. There was nothing of the statesman
about him, but his position as leader of a party, his Parliu. .ntary

102

The Last Forty Years.

knowledge and experience, and liis personal popularity made him a
prominent figure in the Assembly, For the rest, he was a man of
average capacity and good presence, who could make a fairly effec-
tive speech on any subject which he had much at heart. He
always seemed to be somewhat weighted by the rank which had
been conferred upon him by his grateful Sovereign, but was affable
and courteous, and bore himself with a tclerably good grace.

William Hamilton Mcrritt sat for the North Riding of Lincoln.
He was the son of a U. E. Loyalist, and had himself taken part in
defending the Canadian frontier during the war of 1812-'15. He
was the founder of St. Catharines, but was more widely known
from his connection with the Welland Canal — an enterprise as to
which a Cana'iian writer well observes that " the canals of Lan-
guedoc, or those which have made memorable the title of Bridge-
water and the name of DeWitt Clinton, are mere puny shreds and
ribbon-like rills of water, small in themselves, and insignificant in
their uses, as compared with the magnificent work that William
Hamilton Merritt projected ; for the Welland Canal connects the
inland seas of North America, and for the purposes of commerce
unites in one basin half the fresh water on our globe."* Whether
Mr. Merritt originated the idea of connecting Lakes Erie and
Ontario by means of a canal may perhaps be open to question ;
but it is certain that his indefatigable exe? ions hastened its con-
struction, and that to him, more than to any other man, Canada is
indebted for its existence. It is even probable that it would have
been constructed through the territory of the United States instead
of in Canada had it not been that Mr. Merritt gave up the best
part of many years of his life to urging the project upon the Upper
Canadian Parliament and people. He was not a particularly
brilliant man, but he possessed a large fund of good sense, a high
personal character, and a sincere desire for the country's welfare.

*See Mr. Fennings Taylor's "Portraits of British Americans," Vol. II., p. 295.

The Assembly of Notables.

103

Before the Union he had sat in the Provincial Assembly for the
county of Haldimand. He was moderate in his politics, and acted
with the Reform party.

Malcolm Cameron represented the county of Lanark. He was of
humble parentage, and was born at Three Rivers, in Lower Canada,
in 1808. His father had been hospital sergeant of a Highland
regiment stationed in Canada, and was afterwards a tavern-keeper
at Perth, in the Ottawa District. The degrading bar-room scenes
he was compelled to witness in his early boyhood, added to his
mother's wise admonitions, made him a zealous apostle of the
tempera,nce cause throughout the whole of his after life. He had
been compelled to make his own way in the world, and had devoted
his attention to mercantile pursuits, in which he had been fairly
successful. He was a Radical in politics, and first entered public
life in 183G, when he was returned to the Upper Canadian Assembly
as member for Lanark. He made himself conspicuous by his oppo-
sition to the Governor, Sir Francis Bond Head, and by his virulent
denunciations of the Family Compact. He was an honest, earnest,
and upon the whole a well-meaning man, who did a great deal of
useful work in his day, and attained much reputation as a member
of Parliament ; but he was not always easy to manage, and was
restive under discipline. Though attached to the advanced wing of
the Reform party, he declined to follow Mr. Baldwin's lead when
that gentleman declared his want of confidence in, and withdrew
from, the Administration. He soon announced himself as a sup-
porter of the Goverinnent policy. He was small of stature and
insignificant in appearance, and his oratory was marred by want of
education and an unmusical voice. At the time of the Union, how-
evei', he was still young, and his best days were yet to come.

James Edward Small was a practising barrister in Toronto, and
represented the Tliird Riding of the county of York. He was of
English descent, and I'elonged to one of the old families resident at
the_,Upper Canadian capital. A certain notoriety had at one time

II'

104.

The Last Forty Yearn.

attached to his name in consequence of his having taken part as
second in a duel whereby a son of Surveyor-General Ridout had lost
his life. The other principal in the affair was Mr. Samuel Peters
Jarvis, a son of Mr. William Jarvis, a gentleman who had been
Secretary to several of the early Lieutenant-Governors of Upper
Canada. The seconds were Mr. Small and Mr. Henry John Boulton.
The surviving principal had been tried and acquitted, but no pro-
ceedings had at that time been instituted afjainst the seconds. The
duel took place in July, 1817, and had well nigh passed out of the
public mind, when its memory was revived, in 1828, by Mr. Francis
Collins, editor of The Canadian Freeman, a newspaper published
at Little York. Collins had been imprisoned and fined for libel, on
account of his having made certain statements in his paper reflecting
on the character of the Attorney-General, the Hon. John Beverley
Robinson. The prosecution was an unwise and tyrannical proceed-
ing, but was sympathized with by all the leading Tory families of
Little York. Collins retaliated on two of these families by indicting
Mr. Small and the Hon. Henry John Boulton — who had by that time
become Solicitor-General — for their share in the duel fought thirteen
years before. The trial lasted two days, and resulted in an acquittal.
The prosecution, as well as that which gave rise to it, reflected little
credit on any of those concerned, but the notoriety induced thei'eby
is said to have given an impetus to Mr. Small's professional and
political fortunes. His views on public questions were more liberal
than might have been expected from his social surroundings, and
he was a great admirer of Robert Baldwin, whose lead he for the
most part followed. His voice was weak, and his constitution
delicate. He was not a frequent speaker in the House, but when
he did speak his language was well chosen, and he was listened to
with attention and res|)ect.

Isaac Buchanan, a gentleman of Scottish birth and descent, and
one of the leading merchants of the country, was the colleague of
John Henry Dunn in the representation of the city of Toronto. He

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The Assembly of Notables.

105

subsequently removed to, and still resides at Hamilton, and is one
of the few prominent men now living who took part in public
affairs in the old ante-Union days. He was an energetic and
public-spirited man, and one of the most strenuous advocates of the
secularization of the Clergy Reserves. In 1835 he had published a
proposition for the settlement of that vexed question. Several
years later he had drawn up and headed a petition to Her Majesty
deprecating the appointment of Mr. Thomson as Governor-General,
alleging that that gentleman was a man chiefly known as connected
with Russia and the interests of the Baltic, and as an enemy of the
colonies. The petition prayed that Her Majesty would reconsider the
appointment, and " select for this important dependency a Governor
not known to be inimical to the great interests which he is sent to
protect and promote." When his Excellency arrived in Upper
Canada he very soon made Mr. Buchanan's acquaintance, but never
succeeded in convincing him that the allegations in the petition
were unfounded. Mr. Buchanan, however, never offered a factious
opposition to the Governor-General. Throughout his career he has
paid special attention to questions of finance and political economy,
and has been a persistent opponent of the doctrines of Free Trade.
His views on the subject of paper currency have long been well
known to the Canadian public. At the time of the Union he
was only in his thirty-first year, and was possessed of a super-
abundant vitality which left its impress upon every enterprise
wherewith he connected himself. He was essentially a man of
business, and made a very useful member of Parliament. He was an
uncompromising advocate of the doctrine of Responsible Govern-
ment, on which he from time to time spoke and wrote with much
judgment and acuteness. In politics he called himself a Conservative
Reformer.*

•In his address to the Toronto eleotojg, published in January, 1841, we find the follow-
ing confession of his political faith : "1 do nut mean to impugn the private character of
8

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106

The Last Forty Years.

James Morris, member for Leeds, was also a man of some mark,
and in after days held high public offices of trust. He had had
some Parliamentary experience, having sat for Leeds in the Legis-
lative Assembly of the Upper Province throughout the last Parlia-
ment before the Union. Without possessing any remarkable vigour
of understanding, he exerted a good deal of influence, and was highly
respected as a thoroughly upright and well-intentioned man. His
political reputation, such as it was, was still to be made. Colonel
John Prince was an English barrister who had emigrated to Western
Canada about eight years before the consummation of the Union,
and settled on an estate in the county of Essex, which county he
now represented in the Assembly. He also practised his profession
with much success, and in the month of August, 1841, was appointed
a Queen's Counsel. During the troubled days following the out-
break of December, 1837, he had taken an active part in repelling
the incursions of filibustering parties of American "sympathi-
zers" upon Canadian territory. Upon one occasion he had
captured five of these marauders near Windsor, and had ordered
four of them to be shot without any form of trial. And, to use his
own concise phrase, " they were shot accordingly." This high-
handed proceeding had made some noise at the time, and an official
investigation had been held, which had resulted in Colonel Prince's
acquittal.* He was a frank and genial, but impetuous ma i, with

the old Government Tory party, but .as an independent man I shall ever raise my voice
against their selfish and exclusive jiolitical creed. However respectable or amiable some
of them may be, as individuals, I must view them, as a Compact, to be the worst enemies
of their country, and blind enough not to see tliat they are thus the enemies of themselves
and their children. ... I object to the old official party, because they never had, nor
would their principles ever permit their possessing the confidence of the people of Upper
Canada. And confidence in ourselves must precede the confidence of the people of Eng-
land in our stability, without which we cannot expect, nor could we honestly advise,
emigration to Canada, without which this cannot long remain a British Province. . . .
If elected by you, I shall be found a great conservator of our principles, and an unwearied
and fearless reformer of details. The perpetuation of the connection between the Colony
and the Mother Country I view to be at once the glory and advantage of both."

• It ought to be mentioned that the marauders had murdered an army-surgeon— a Mr.

The Assembly of Notables.

107

a fine presence and excellent intentions, but with no particular
capacity or taste for politics. In England he had been a Whig.
In Canada he acted with the Conservatives, but called himself a
moderate Reformer. He was not always amenable to party dis-
cipline, and voted in an independent, not to say erratic fashion.
He had a pleasant voice and a smooth accent, and his elocution —
it could scarcely be called oratory — was listened to with an interest
not always accorded to more powerful speakers. George Morss
Boswell, who represented the South Riding of Northumberland, was
an active politician in those days, and took a prominent part in some
of the debates on constitutional questions. He acted with the
moderate Reformers. Mr. Boswell is still living, and has long
occupied the position of Judge of the County Court of the United
Counties of Northumberland and Durham. Among other more
or less conspicuous Upper Canadian members may be mentioned
Edward Clarke Campbell, member for the town of Niagara; David
Thorburn, representing the South Riding of Lincoln ; John S. Cart-
wright, representing Lennox and Addington ; James Hervey Price,
representing the First Riding of York; and George Sherwood,
representing the town of Brockville. Mr. Sherwood is the sole
survivor of the four or five Upper Canadian membei's who repre-
sented ultra-Conservative principles in the First Parliament under
the Union. He is, and has long been, Judge of the County Court
of the County of Hastings.

In the Legislative Council, in addition to Mr. Sullivan, already
referred to as a member of the Government, there were several men
of some note. Rene Edouard Cq,ron, a Quebec advocate of high
character, and father of the present Minister of Militia, had sat in
the Legislative Council of Lower Canada before the Union. He

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Hume— in cold blood, and had burned two other British subjects to death. The Colonel's
act was high-handed and legally unjustifiable, but it was committed in a season of intense
excitement, and the provocation was great.

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108

The Last Forty Years.

was a man of moderation and high principle. His was the first
French Canadian name on the roll of the Legislative Council of
United Canada. His name is identified with certain correspond-
ence of which some account will be given on a subsequent page.
Peter McGill, a sagacious and benevolent citizen of Montreal, was
connected with some of the leading banking and commercial
institutions of Lower Canada. He did not make any specially
conspicuous figure in political life, though six years later, in the
early days of Lord Elgin's Administration, he accepted a seat in the
Executive Council. He was a shrewd and useful man, popular, and
highly respected by his fellow-citizens. He generally acted with
the Conservatives, but was no hard and fast party man, and did
not hesitate to support Liberal measures when they commended
themselves to his judgment. William Morris, a brother of the
above mentioned James, is chiefly remembered from his having
been the mover, in 1820, of an address to the King, asserting the
claims of the Church of Scotland to a share of the Clergy Reserves,
With the subsequent agitation on that long-debated question, in all Jt
its phases, his name is inseparably bound up. He lived to see his
strenuous exertions crowned with even a more complete success
than he had at first permitted himself to count upon, for the
claim was originally made on behalf of the Church of Scotland
alone. During Sir Charles Metcalfe's tenure of office he became
Receiver-General, and — later — President of the Executive Council.
His eldest son, the Hon. Alexander Morris, is well known to the
present generation of Canadians, having from 1872 to 1877
been Lieutenant-Governor of the Province of Manitoba. He is
the present representative of East Toronto in the Local Assembly
of Ontario. Robert Sympson Jameson, who four days before the
opening of the session was appointed to the post of Speaker of
the Legislative Council, is partly remembered by reason of his
subsequent tenure of office as Vice-Chancellor of Upper Canada.

lil

The Assembly of Notables.

100

but chiefly from the fact that he was the husband of the clever,
brilliant sketcher and art critic, Anna Jameson. Adam Fer-
gusson, James Crooks, Adam Ferrie and Peter Boyle De Blaqui^re
are also names which are more or less suggestive to persons
in this country whose memories extend back over the last
forty years.*

*0f the twenty-four members comprising the Legislative Council, eight were members
of the Church of England, eight of the Kirk of Scotland, and the remaining eight of the
Church of Rome. The Church of England members were R. B. Sullivan, R. S. Jameson,
P. B. De Blaquifere, George Pemberton, Augustus Baldwin, John Macaulay, Adam Fer-
gusson, and P. H. Knowlton. The Scottish Kirk was represented by Peter McGill,
William Morris, .James Crooks, John Eraser, John Hamilton, John McDonald, Adam
Ferrie, and Thomas McKay ; and the Church of Rome by R. E. Caron, Jules Quesnel,
Bartholemi Joliette, Etienne Mayrand, F. B. Bruneau, Olivier Berthelet, J. B. Tachd,
and Alexander Fraser. The Methodist, Baptist and other dissenting bodies were totally
unrepresented in the CounciL

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Chapter VI.
THE FIKST TEST OF THE UNION ACT.

"It may be satisfactory to you to know that the first test of the Union Act has more
than answered my expectations. I always considered the first start of the Union Parlia-
ment as the touchstone of the plan. The entire want of acquaintance with each other's
feelings, character, political history, or state of parties, which prevails between the
inhabitants of Lower and Upper Canada respectively, always made me feel that the
opening was the crisis of the great work."— Letter of Lord Sydenham, dated SUTtfi, June, I84I,

OR some weeks prior to the opening of the First Parlia-
ment, the inhabitants of the historic old town of Kingston
were in a state of considerable expectation. The hopes of
half a century before were about to become realities. At
the time of the division of the Provinces in 1791, the
little military post at the foot ot Lake Ontario had
indulged the ambition of becoming the capital of Upper Canada,
and Lord Dorchester, the Governor- General, had favoured this idea,
Lieutenant-Governor Simcoe, however, had refused to be dictated
to in so important a matter as the choice of a capital for his pro-
vincial domain, and after spending a season at Newark had (literally)
pitched his tent* near the mouth of the Don River, on the site
where Little York subsequently emerged from the eternal swamp
and scrub. Kingston's hopes were blasted for the time, and she

* The allusion here is to the historic canvas tent used by Captain Cook during his
travels among the islands of the southern seas, and afterwards purchased in London by
Colonel Simcoe before his departure for Canada. On taking up his quarters at York, this
tent, or " movable house," was frequently called into requisition, and the Lieutenant-
Governor not only used it as his general private and official residence, but sometimes dis-
pensed viceregal hospitalities within its canvas walls.

The First Teat of the Union Act.

Ill

never again permitted herself to indulge in visions of metropo-
litan greatness until the project of Union was fairly under way.
Upper Canadians would not assent to, or even seriously entertain
the scheme of a union of the Provinces, unless upon the express
understanding that the capital should be in Upper Canada. This
being conceded, it was desirable to place the seat of Government as
near to the Lower Province as possible, and Kingston was the nearest
town affording anything like suitable accommodation. Kingston
was accordingly named by Lord Sydenham, and many of the
inhabitants believed it probable that their town would be the
permanent capital of Canada, and permitted themselves to look
forward to a great and prosperous future. Extensive preparations
were made, and the place was victualled as though for a siege.
Eeal estate rose greatly in value, and house-rents attained to what
in those days were accounted as phenomenal figures.

The selection of Kingston for the capital of the united Province
was more acceptable to the Lower Canadians than that of any other
town in Upper Canada would have been. The spot had been well
known to the pioneers of France in the New World, and was
hallowed for French Canadians by the names of De Courcelles, (Jount
Frontenac, and La Salle. They would of course have preferred the
retention of the capital at Montreal or Quebec, or indeed at any
point in Lower Canada, but as the matter rested entirely with the
Governor-General, and as he had chosen Kingston, there was nothing
for it but submission. For some days before the time fixed for
the opening of Parliament the members began to arrive. On the
morning of the appointed day, seventy-nine out of the eighty-four
required to make up the full membership of the Assembly were in
attendance. Of the other five, two were absent, and three of the
constituencies were left vacant. One of the vacancies was caused by
the fact of Mr. Baldwin having had a double return for the county
of Hastings and the Fourth Riding of York. He elected, after

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The Last Forty Years.

the session had been some time in progress, to sit for the former.
For the county of Kent there was no return, owing to alleged
corrupt conduct on the part of the Returning Officer. Mr. Parke,
member for Middlesex, had accepted the office of Surveyor-General
two or three days before, so that Kent, Middlesex, and the Fourth
Riding of York were unrepresented in the Assembly.

The building provided for the temporary accommodation of the
Legislature was situated beyond the limits of the torrn, on the Peni-
tentiary Road, on what was known as Lot Twenty-four. It was a
full mile westward of the commercial centre of the town, and, as
already intimated, had been erected for a General Hospital. It was a
spacious structure, built of Kingston limestone, four stories high, and
having a frontage of about 150 feet. Its depth was fifty feet, and it
contained twenty rooms. Its interior arrangements were interfered
with as little as possible, in order that it might be restored to its
original uses as soon as a permanent House of Parliament should be
built. Its situation was described by the Kingston correspondent
of the Montreal Gazette as being so delightful and salubrious that
the votaries of faction could not generate sufficient bile to make
themselves discontented anywhere within its precincts.* Alwington

* This CO! espondent, under date of May 19th — somewhat less than a month before the
opening of the session— gives the following description of the two chambers in which the
legislative business of the country was soon to be carried on : "On walking out, the other
day, to the building designed as a General Hospital, I had the curiosity to measure the
room which is to be occupied by the Legislative Council. It is forty-seven feet long,
twenty -two feet wide, and twelve feet high. The Assembly room is of the same size. The
latter room is now furnished with the eighty-four neats for the members. They are hand-
some stuffed arm-chairs, of black walnut, covered with green moreen, with a small projec-
tion on the side to write upon. The members may not possess such facilities for trans-
acting their private business as in the House at Toronto, but they will have the necessary
accommodation for transacting that of the public. The space below the bar is very small,
and I observe no conveniences for the reporters. This defect will, no doubt, be remedied. "
He adds, towards the end of his letter : ' ' All the necessaries of life continue to be sold at
reasonable rates. The only expense of housekeeping which has risen in price is rent ; but
new houses are springing up in every direction, and, fortunately for all new-comers,
Kingston has large and healthy suburbs, where people may live as they please, under their
own vine and fig tree, and still be within a few minutes' walk of the public offices."

The First Test of the Union Act.

113

House, the abode of the Governor-General, was situated a short
distance beyond, near the lake shore.

At noon on Monday, the 14th of the month — that being the
hour named for administering the oath to members, by the Com-
missioners appointed for that purpose — the Assembly Chamber was
filled to overflowing. The Commissioners were the Hon. Levius
P. Sherwood, William Hepburn and Thomas Kirkpatrick. In
addition to the members of the two Houses, various persons of
influence from all parts of the country attended to witness the
ceremonies. Among them, occupying a seat within the bar, was the
Hon. Joseph Howe, who was then Speaker of the Provincial House
of Assembly of Nova Scotia. Contrary to general expectation, the
Governor-General was not present, and the session was not for-
mally opened until the following day. His Excellency's absence
was much commented on, as being contrary to Parliamentary

usage."

The seventy-nine members present having been sworn in, and
having taken their seats, the Clerk, Mr. William Burns Lindsay, read
the Governor-General's Proclamation convening the Parliament. The
next matter requiring attention was the election of a Speaker. It was
considered politic to elect a Lower Canadian to that position, and, in
accordance with a preconcerted arrangement, Mr. Morin, representa-
tive of the county of Nicolet, moved that Mr. Austin Cuvillier, the
member for Huntingdon, be Speaker. The discussion to which this,
the first motion made in the United Parliament, gave rise, was omin-
ous of the fierce faction fights to ^ome in after days, when matters of
graver import should form the subject of debate. The mover, in a
few well-chosen words, paid a tribute to Mr. Cuvillier's knowledge

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• "Cette manibre H'ouvrir un parlement ^tait abaolunier>t contraire aux rfegles parlemen-
taires ; car la presence du repr^f>entant de la reine y ^tait obligatoire, ainsi que celle des
autres branches de la legislature "—Lb Canada Sous l'Union. Par Louis P. Turcotte.
Premiere Partie, p. 72.

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The Last Forty Years.

and experience of Parliamentary business, and expressed a hope that
all former differences would be buried, and the business of the country
amicably proceeded with, Mr. Merritt, of North Lincoln, seconded
the motion, and added a few words to the effect that his support of
Mr. Cuvillier was due to that gentleman's being an advocate of
Responsible Government. Colonel Prince, member for Essex, then
made a few remarks in support of the motion. He said that Mr.
Cuvillier, like himself, was a moderate reformer, and that by voting
for that gentleman, he, the speaker, was paying his own constituents
a compliment, many of them being Lower Canadians. He trusted
that members from the Lower Province would hold out the hand of
friendship, and evince a desire to pull together by throwing aside
party feelings. After paying a tribute of respect to the talents and
deportment of Sir Allan MacNab, the late Speaker of the Upper
Canadian Assembly, the Colonel took his seat, and it seemed, for the
moment, as though the motion was about to pass without debate or
wrangling. For a moment only. Scarcely had the echo of Colonel
Prince's voice ceased to be heard when Mr. Hincks, Oxford's repre-
sentative, rose to his feet. He said that in order to prevent being mis-
understood, and to do what he deemed his duty to his constituents, he
would briefly state the reasons why he should vote for Mr. Cuvillier as
Speaker. So soon as the elections were over, he had taken the best
means oC ascertaining who the most competent person would be to
fill the Chair, and the conclusion at which he arrived had led him
to support Mr. Cuvillier. He was well assured, he added, that Mr.
Cuvillier was firmly opposed to the Civil List being withdrawn
from the people, and that he had no confidence whatever in the Ad-
ministration, being entirely opposed to its Lower Canadian policy.
As Mr. Hiucks sat down, Mr. Cartvright, the member for Lennox
and Addington, arose, and with much warmth said that he had
not intended to oppose the motion, but that after the speech made
by the member for Oxford he felt it his duty to move, in amend-

The First Test of the Union Act.

115

ment, that Sir Allan MacNab be Speaker. Mr. Johnston, of
Carleton, remai'ked that he did not believe Mr. Cuvillier entertained
the views attributed to him by Mr. Hincks. Mr. Price, member
for the First Division of York, concurred with Mr. Hincks in
thinking that Mr. Cuvillier could not have any confidence in the
Administration, as it was composed of materials that could not
possibly work together. Mr. Cuvillier, he said, was a supporter of
Lord Durham's policy, which was not carried out by the Adminis-
tration. Mr. J. P. Roblin, of Prince Edward, regretted that
such remarks as those to which he had just listened should
have fallen from Mr. Hincks. He considered such remarks as
unsuited to the occasion. He would support Mr. Cuvillier for
Speaker, and he thought that any expression of Mr. Cuvillier's
views was uncalled for. Mr. Thorburn (South Lincoln) con-
curred in the sentiments expressed by Mr. Roblin, and said that
the body of the people in Upper Canada desired moderation. " If
there is a time to bury distinctions, and present a peace-offering to
the country," said Mr, Thorburn, " now is that time." He thought
Mr. Cuvillier every way qualified, and after paying a compliment to
Sir Allan MacNab, concluded by hoping that the honourable member
for Lennox and Addington would withdraw his amendment. Mr.
Hincks explained his previous remarks by saying that he had not
given utterance to any desire for an expression of opinion from Mr.
Cuvillier ; but he claimed a right to state on what ground he sup-
ported that gentleman. Mr. Cameron, of Lanark, trusted that the
discussion was at an end. He thought the Speaker should be able
to speak both the French and English languages, and it was chiefly
for this reason that he should support Mr. Cuvillier. Sir Allan
MacNab then requested the honourable member for Lennox and
Addington to withdraw his motion of amendment ; adding that ho
thought Mr. Hincks justified in giving his reasons for supporting Mr.
Cuvillier, and that in his opinion every member ought to do the same.

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The Last Forty Years,

Mr. Cartwright accordingly withdrew the amendment, whereupon
Captain Elmes Steele, of Simcoe, expressed regret that Mr. Hincks
should have disturbed the unanimity that prevailed with regard to
Mr. Cuvillier. Then followed some pointed remarks from Mr. Aylwin,
member for Portneuf. He said that he entirely agreed with what
had fallen from Mr. Hincks. For his part he deemed it his duty
to declare why he supported Mr. Cuvillier ; and for one, he would
certainly not support that gentleman if he had not confidence in
him. He thought it necessary that the Speaker should be a gentle-
man possessing the confidence of the whole house. He, however,
would prefer Mr. Viger, but would yield to the disposition of the
Upper Canadians, and vote for Mr. Cuvillier ; it still being on the
express understanding that Mr. Cuvillier had really no confidence
in the Government. If he, Mr. Aylwin, tliought otherwise, he
would rather vote for Sir Allan MacNab, or any other Tory, than
for the honourable member for Huntingdon. He was convinced,
however, that Mr. Cuvillier was opposed to the Administration, and
to make the matter certain, he considered it desirable that that
gentleman should give an expression of his views. Although he
was extremely desirous that unanimity should exist, he could
not, he said, sacrifice his principles to preserve it. He thought
that an expression of opinion on the part of Mr. Cuvillier was
necessary, not only in order that the people of Canada should
clearly understand the position of members, but that the people
of England, if indeed they took any interest in Canadian affairs,
should also comprehend it. Mr. Aylwin repeated that although
he would desire to see that true martyr to his country, Mr
Viger, placed in the Chair, still, to preserve cordiality he should
vote for Mr. Cuvillier. Mr. Morin concurred with some of the sen-
timents uttered by Mr. Aylwin, but would consider it extremely
wrong to press for an expression of Mr. Cuvillier's opinion at that
time, and thought such a course on the part of Mr. Cuvillier would

The First Test of the Union Act.

117

be out of place, and would expose the House to embarrassment and
contention, without doing any good whatever. Mr. Morin concluded
by recommending Mr, Cuvillier not to state his political views at
that time. Mr. Smith (of Frontenac) rose and said that for his
part he had entire confidence in the Administration, and thought
the remarks of Mr. Hincks in bad taste at that particular time. Mr.
Smith thought it would be imprudent in Mr. Cuvillier to state his
political views, and in fact the proceedings of the honourable mem-
ber for Oxford would, if carried out, be equal to a declaration oi
want of confidence in the Government — a course that would lead to
a dissolution of Parliament. This statement brought Mr. Draper,
the Attorney-General for Upper Canada, to his feet. He said he had
not intended to take any part in the discussion, but he could not
remain silent after what had fallen from the last speaker. When
he, the Attorney-General, heard the House threatened with a disso-
lution, because it expressed, in accordance with the constitution, its
views on any question, Jie must repudiate the idea that such senti-
ments were held by the Government. He highly approved of Mr.
Cuvillier as Speaker, on account of his speaking the French language,
and in consequence of his iiigh Parliamentary qualifications. Mr.
Buchanan, of Toronto, dififered from the honourable member for
Oxford as to bringing up any thing likely to recall the past. The
present Administration, he said, as yet had no character — it had no
confidence in itself. When the laughter evoked by this dry sally had
subsided, Mr. Durand, of West Halton, rose and said that he sup-
ported Mr. Cuvillier in consequence of his beinci: an impartial and
dignified gentleman, who would give a tone to the House, and he was
Batisfied that Mr. Cuvillier could never fill the CLair were he not
supported by the Reformers present. He believed Mr. Cuvillier
was a Reformer, and would only support the Government w!ien it
acted in accordance with the expressed wishes of the people. After
unimportant remarks by several other members, the motion was put,
that Mr. Cuvillier be Speaker ctf the House. It was carried without

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The Last Forty Yearb.

a dissenting voice ; whereupon Mr. Morin and ii- fii.e:i:r.it conducted
Mr. Cuvillier to the Chair. Mr. CuviJi cr begged .^..u the House
would re-consider its vote, and choose sorue Hj-ire tOiUpetent per.son
to be its Speaker, but on the House persisting in its choice, he
said that he could not express his feelings of sincere and heartfelt
gratitude for the high dignity they had conferred upon him. It fell
to the lot of few, he said, to adequately fill the oflSce. He, however,
would do his best to discharge satisfactorily the impo nt trust con-
ferred upon him. Then, turning to the Lower Canaduui members, he
repeated his remark in French ; after which he took formal possession
of the Chair. The royal mace having been laid on the table, Sir Allan
MacNab then moved that the House adjourn. This caused a warm and
animated debate, in the course of which much ability and research was
displayed by the principal speakers. The adjournment was warmly
and vigorously opposed by Messieurs Viger, Aylwin, and Morin, who
took the ground that they had not the power to adjourn, as they
were not an organized body. They argued that it was altogether con-
trary to Parliamentary usage to adjourn under such circumstances ;
and not only without precedent, and in opposition to the common law
of England, but unsupported by statute law. Mr. Aylwin and Mr.
Viger contended with great ability for this, insisting that Parliament
could not be said to have assembled until the three estates had met.
Messieurs Draper, Ogdeu and Day supported the motion for adjourn-
ment, and argued that the Union Act, having done away with the
necessity for obtaining the sanction of the royal authority to the
choice of the Speaker, the House, after that officer's election, stood in
the same position as the British House of Commons after a Speaker
has been chosen. The discussion continued until five o'clock, when
the motion was put by the Chair, and carried by a majority of
twenty.* The House accordingly adjourned to two o'clock in

* Four of the members, besides the Speaker, would seem not to have voted on tlie motion.
The vote stood 47 to 27. The debate was regarded by many people as unnecessary and

The First Test of the Union Act.

119

the afternoon of the day following. It was noticed that Mr.
Baldwin maintained a solemn silence throughout the debate. His
reason for so doing was the fact that he had sent in his resignation
to the Governor-General, and that he had not received notice of its
acceptance, and had consequently felt his mouth closed, though he
voted against the adjournment.

And thus ended the first encounter between hostile parties in the
United Assembly. Even those who had not taken active part in
the discussion had plainly signified, by their demeanour, and by
their cheers of the respective speakers, where their own sympathies
lay. The want of confidence of a large and influential vring of the
Reform party in the Administration no longer admitted of doubt, and
before Mr. Baldwin retired to rest that night he was congratulated
by some of his friends upon his having resigned oflSce.

The next day (the 15th), at two o'clock in the afternoon, his
Excellency, attended by a numerous civil and military staff, re-
paired in state to the Legislative Council Chamber, for the purpose
of formally opening the session. He found the fourteen members
of the Upper House already in their places. He commanded the
attendance of the members of the Assembly, who were awaiting the
summons in their own Chamber, The latter forthwith presented
themselves before his Excellency, and Mr. Cuvillier announced
that he had on the previous day been chosen as Speaker by the
Assembly. His Excellency bowed his acquiescence ; whereupon the
Speaker demanded the customary privileges. The representative
of Majesty was pleased to assent to the demand ; after which he
proceeded to open the session with the speech from the throne. His
voice was clear, and he read his speech from manuscript notes with

factious. " I am sorry to see the Keformers disagree on small points. The question about
an atljournment, I think, wus not worth ilebatin); on. It teiuled to wealcen the party. To
try the reality of the men, the question must be somethinj,' that the country has more
interest in."— Letter from Richard Woodruff to W. H. Merritt, June 28th, 1841, See
" Biourapliy of the Hon. W. H. Merritt," by his Son, J, P. Alerritt: p, 238,

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The Last Forty Years.

ease and fluency, though his bearing was somewhat languid, and it
was evident that liis labours during the last few months had im-
paired his health.

The Speech, which touched upon every leading topic of public
interest, was marked by a tone of moderation and practical good
sense. After a few introductory remarks on the great and impor-
tant duties imposed upon the Legislature by the Union Act, his Ex-
cellency referred to the case of Alexander McLeod, a British subject
detained in custody in the United States, on a charge of having
been concerned in the cutting-out and burning of the steamboat
Caroline, in the Niagara River, on the night of the 29th of Decem-
ber, 1837. An account of this cause cdUhre will be found in a
subsequent chapter.* The Speech referred to McLeod's forcible de-
tention, and stated that a demand had been made by Her Majesty's
representative at Washington for his release. The Houses were
next informed that arrangements had been completed for greatly
reducing the rates of postage between Canada and the United
Kingdom, and that a more speedy and regular conveyance of letters
between different parts of the Province had been provided for.
Further improvements in the postal system, it was said, were likely
to accrue from the labours of a commission which had been ap-
pointed to inquire into and report upon the whole post-office sys-
tem of British North America. The Speech next adverted to the
importance of adopting measures for developing the resources of
the Province by well-considered and extensive public works. It
was conceded that a great outlay would be needed in order to
carry out such works successfully, and that the financial condition
of the Province was not such as to encourage the attempt ; but his
Excellency stated that the Home Government had consented to
pledge the credit of the mother country to a loan of a million and a
half sterling, to aid the Province in diminishing the pressure of the

* See ante, p. 101, and post, Chapter VIII.

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The First Test of the Union Act.

121

interest on the public debt, and to enable it to proceed with the
public works which had been interrupted by the financial difficul-
ties. On the important subject of immigration, the Houses were
informed that the Home Government would afford assistance to
convey immigrants from the port of debarkation to the place where
their labour might be made available. The utility of establishing
a general system of local self-government was pointed out, as
well as the establishment of a comprehensive and efficient system
of education. Reference was then made to the intention of the
Home Government to devote a large sum annually to the military
defences of the Province, and to Her Majesty's determination to
maintain her North American possessions at all hazards as part of
her Empire.* His Excellency concluded by an earnest and elo-
(|uent invocation to peace, union and progress.

Upon the conclusion of the Speech, the Governor- General left for
Alwington House, his departure from the Parliament House being
signalized, as his arrival had been, by a salute of the royal artillery.
The members of the Assembly then returned to their own Chamber,
where the usual formalities relating to the Speech from the Throne
were gone through with. The remainder of the aftei'noon was
taken up by motions of members relative to the introduction of
Bills and Petitions. On motion of Mr. John Simpson, member for
Vaudrcuil, & committee was appointed by the Speaker to prepare a
set of rules and orders for the guidance of the House, and it was
decided that, until the report of the Committee should be received,
the rules of the late House of Assembly for Lower Canada should
be observed. The subject of the Speech from the Throne was made

* This assurance was not altogether be lo the purpose, as there was much blusterirg
about the McLeod affair. That cause of dispute greatly aggravated the controversy wln'ch
had long existed between Great Britain and the United States respecting the rigli f
search on the high seas, and more particularly respecting the boundary-line between >
Brunswick and the State of Maine. For some months it seemed not unlikely that there
might be war between the two countries.

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The Last Forty Years.

the order of the day for the following Friday, which was the 18th
of the month.

The test vote on the Address in reply to the Speech was looked
forward to with eager expe- , and even with anxiety, for the

Assembly was divided int iny parties that it was impossible

to predict the result of jte with entire confidence. Nightly

caucuses were held, an. ething was accomplished in the way of

organization. The strictly Parliamentary business transacted in the
interval was formal and unimportant. Early on the appointed
Friday the Address, couched in the conventional terms, was adopted
in Committee by the Legislative Council, where there were only
two dissentient voices. Mr. Sullivan made a powerful speech in
support of the Government and its policy, and waxed eloquent over
the personal characteristics of Lord Sydenham. He deprecated the
national and party animosities of past times, and besought the
French Canadian members to join hands cordially with those among
whom their lot had been cast. In the Assembly the debate was
long, and extended into the middle of the following week.

It may be worth while to glance at the arrangement of members
in the Assembly. To the right of the Speaker sat the supporters of
the Government, including a majority of the Upper Canadian repre-
sentatives and nearly all the British representatives from the Lower
Province. The lower benches were appropriated to the members of
the Administration. Beyond, to the extreme right, sat the members
of the old Conservative party of Upper Canada, with Sir Allan
MacNab at their head. To the Speaker's left sat the Opposition,
including the French Canadian members, several British Lower Cana-
dian members who acted with them, and the most advanced of the
Upper Canadian Reformers. On the extreme left sat Robert Bald win,
Francis Hincks, John Neilson, D. B. Viger, A. N. Morin, T. C. Aylwin,
J. H. Pi'ice and J. E. Small. It would be a great mistake to suppose,
liowever, that an arbitrary line divided the members to the right of

•«3

'he First Test of the Union Act.

123

>bW

the Speaker from those on his left. There were some points in
common between members who sat on opposite sides, and there were
strong points of divergence between those who sat on the same side.
Nothing is more misleading than to mentally divide the members of
the first House of Assembly under the Union into two hostile camps
of Ministerialists and Opposition. Any one who does so will find
himself in a state of utter confusion when he comes to analyze the
votes from week to week, as the session drew its slow length along.
The fact is that there was as yet so little organization that no well-
defined line could be drawn, and the party boundaries were changing
ahnosu from day to day. The points of agreement prevailing in 1841
had almost entirely disappeared before the close of the session of
1842 ; and this elasticity of party lines must be constantly borne in
mind by anyone who wishes to clearly understand the motives which
gave birth to the somewhat complicated Parliamentary tactics of
the period.*

The forenoon of the 18th was spent by the Assembly in adopting
rules and orders for their guidance, pursuant to the report of the
Committee which had been appointed three days before. The debate
on the order of the day did not begin until three o'clock in the
afternoon, when Mr. Malcolm Cameron, the member for Lanark,
brought up the resolutions on which the Address — an echo of the
Speech from the Throne — was to be founded. As the debate was of

* "There were at least five if not six parties in the House, three from each Province,
la Upper Canada there were, Ist, the old Conservative party led by Sir Allan MacNab ;
2nd, the Ministerial party, comprised chiefly of Heformers, with a few moderate Conser-
vatives, under the leadership of Mr. Attorney-General Draper and Mr. Secretary Harri-
son ; 3rd, the Reformers who followed the lead of Mr. Baldwin, numbering six to eight.
In Lower Canada there were, 1st, the Reformers of French and Irish origin, with their
allies of the British party.led by Mr. Morin, Mr. Neilson,and Mr. Aylwin ; 2nd, the British
party, including the Conservative French Canadians and Irish elected to support Lord
Sydenham's policy, and almost uniformly doing so that session, although several of them
had a decided bias in favour of a Liberal policy, while others were as decidedly Conserva-
tive."- See Sir Franoii Hincks's lecture on "The Political History of Canada," pp. 22, 23.

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The Last Forty Years.

such importance that it may properly be characterized as an epoch
in the constitutional history of Canada, the author considers it de-
sirable to give a tolerably full account of that portion of i relating
to Responsible Government.

Mr. Cameron, in proposing the resolutions, stated that he was not
desirous at that moment to press their discussion, and would, if the
House wished, lay them on the table ; but holding the conviction
which he did in regard to them, he felt bound to make some prefa-
tory remarks. "A new experiment," said he, "is about to be made in
the Gov?!rnment of Canada, and one under the operation of which a
greater responsibility devolves upon the Head of that Government.
The dry and parched soil is not more eager for the coming shower
than are the people of this country for the establishment of the Ad-
ministration of the Government of this Province upon such a basis as
will ensure its ti'anquillity, and consequently the extension of trade,
and the happiness of all classes of Her Majesty's subjects." The
speaker then went on to say that the general course of procedure
adopted by his Excellency met. with his (the speaker's) approbation.
He had come to that House prepared to support the Governor-
General, and had been elected as a friend of the Administi'ation.
He expressed regret that the Government were not then prepared
with a Bill for promoting education, which he hoped would have
become one of the important features of the session.* He then
alluded to the satisfactory declaration respecting the detention of
Mr. McLeod ; to the improved postal regulations ; and to the proba-
bility of Canada being able to avail herself of British capital. He
concluded by moving, as an introductory resolution, that the House
humbly thank his Excellency the Govenor-General for the Speech
delivered from the Throne.

The motion having been seconded by Captain Elmes Steele,

* As will hereafter he seen, the Elementary School Bill was brought down and passed
later on in the session.

IVie First Test of the Union Act.

125

the discussion upon it began. Several members on the left com-
plained that they had not had time to examine the resolutions,
and that they wished them to be printed. Colonel Prince stated
that he saw no reason for further delay. The resolutions, he said,
were a mere reiteration of the Speech, and as it was the custom
to take up the consideration of the Address at as early a day as
possible, it would be discourteous to the Executive to postpone the
matter. Members had had abundance of time to consider. After
some time spent in discussion, Mr. Buchanan brought matters to a
crisis by calling upon the Government for important information,
adding that the giving of the information ought, in his opinion, to
precede any discussion on the Address. He, in a word, formally
called upon the gentlemen occupying the Treasury benches to state
for the information of the House the principles upon which it was
intended that the Government should be carried on. "Do the
members of the Executive Government" — asked Mr. Buchanan — "ac-
knowledge their responsibility to Canadian public opinion, as ex-
pressed by a majority of this House, for the advice which they give
to the Head of the Government, so far as not to remain connected
with an Administration against which a vote of want of confidence
has passed in the Assembly, unless in case of an immediate dissolu-
tion of Parliament ? In other words, will the Ministry in this
Province recognize the principle of retaining office when they cannot
command a majority in the House of Assembly ?"

Such a question as this it was manifestly impossible for the Gov-
ernment to ignore ; yet it was a most embarrassing one for them to
answer. There was not perfect unanimity of opinion on the subject
among them. There were at least two of them who would probably
have been hard put to it if required to give an intelligent exposi-
tion of their personal views on Responsible Government. There
were others who, while professing to approve of Responsible Gov-
ernment, construed the doctrine after a fashion which they well

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126

The Last Forty Years.

knew not to be in accordance with the popular theories. The task
of replying to Mr. Buchanan's pertinent query devolved upon Mr.
Attorney-General Draper, and certainly there was no member of
the Government more capable of adroitly fencing with it. He was
shrewd enough to see that a crisis had arrived, and he addressed
himself to his task with all the acumen for which he was preemi-
nently distinguished. He began his remarks by saying that he was
very happy to have the opportunity (which was now afforded him
for the first time) of entering into an exposition of the views which
would guide the conduct of himself and those whose duty it was to
advise his Excellency. And in the first place he would declare for
the information of those who acted with him and those who acted
against him, that so long only as he could give a conscientious sup-
port to those measures which the Head of the Government might
deem it his duty to submit to that House, so long only would he
continue to hold office under the Government. He desired to be
imderstood as explaining the views in which every one of his col-
leagues entirely concurred. They were such as had been discussed
and determined on among themselves without reference to any other
persons whatever, for they had felt it to be due to themselves and
the country, in the first place, to understand each other. He would
next state the views which he entertained respecting the duties of
his Excellency. He looked upon the Governor as having a mixed
character — firstly, as being the representative of Royalty ; and sec-
ondly, as being one of the Ministers of Her Majesty's Government,
and responsible to the mother country for the faithful discharge of
the duties of his station ; a responsibility which he cannot avoid by
saying that he took the advice of this man or of that man. He,
the Attorney-General, looked upon it as a necessary consequence of
this doctrine that where there is responsibility, there shall power be
also, for he could not admit the idea that one man should possess
the power and another be liable to the responsibility. In a matter of

The First Test of the Union Act.

127

such importance he craved the indulgence of the House in referring
to notes, in order that he might speak with the greater correctness.
He then read from a despatch of Lord Glenelg, dated the 5th of
December, 1835, and also read extracts from two of Lord John
Russell's despatches. After referring to a proceeding of the House
of Assembly of Nova Scotia, he proceeded to the effect following :
" The next question that naturally arises in my division of the sub-
ject is that which relates more particularly to those who are the
Ministers of the Crown. Honourable gentlemen will do me the
favour to bear in mind that the principle which I have laid down,
that responsibility and power must go hand in hand, is one which
cannot be contravened, and that when a man is called upon to
answer for the exercise of the power which has been entrusted to
him in a particular manner, he cannot and dare not transfer the
responsibility into other hands. When I consented to become an
Executive Councillor I took upon myself the responsibility of ad-
vocating those opinions and those measures which the Head of the
Government might think it his duty to recommend to the country ;
and so long as I continue a member of the Government and of this
House, I shall consider it my bounden duty to follow the same
course : and whenever I find the Head of the Government and the
Ministers of the Crown desirous of propounding measures which I
cannot conscientiously suppcrt, honour and duty point out but one
path, and that is resignation. But there is another important prin-
ciple to be considered. The Governiilent should take on itself the
preparing and bringing forward of such measures as the wants of the
country seem to require. It is to be desired above all things that
between the Government and the people there should be the greatest
possible harmony and mutual good understanding. There can be no
good government where the Government is at war with the people,
and in this view I will submit in a few words the conclusions at which
I have arrived. It is the duty of the Head of the Government to

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jfViC Lii'it Forty Years.

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preserve that harmony by all the means in his power, because it is
for that otHcer to account to the Home Government. If he iind that
he has been led astray by incapable or dishonest advisers, he may
relieve himself of them by their dismissal. But unavoidable difficul-
ties may arise. It not unfrequently happens that the Govern-
ment are unable to carry out the views which they believe to
be for the benefit of the public. It may happen that measures
carefully digested and well calculated may be defeated by causes
over which the Government have no control ; and this brings me
to speak of another mo( a of restoring harmony, which is by dis-
solution of Parliament. And lastly, there is another course to be
taken. When it occurs that harmony is broken by something
emanating from the Head of the Government himself, the course to
be taken is one which rests with Royalty. This nuich I have
thought it necessary to say in reference to the views entertained by
myself and those who act with me as the advisers of his Excellency,
and I would at the same time disavow any degree of responsibility
other than I have now expressed."

The Attorney-General was frequently applauded in the course of
his remarks, which, on the surface, sounded so fair and reasonable.
But Mr. Baldwin, Mi\ Hincks, and their confreres, were sharp enough
to see that the Attorney-General — who had doubtless spoken under
inspiration from Lord Sydenham* — had skilfully evaded the very

• Tlmt the Oovernor-Geneial's viewi! on the question of Resjionsible Oovemnient in the
colonies dilfered widely from those of the Upper Canadian advocates of tlie doctrine is nn-
dered otivious encmgh hy a private letter written by him to one of 'lis friends in Kii'jland,
niuler date of Decendier 12th, ISIV,). " T am not a hit afraid." ho writes, "of tlic Hespon-
siblo Government cry. I have already done mudi to i>ut it down in its inadmis-^ible sense,
namely, that the Council sh.all be responsible to the Assembly, and th.at the Government
shall take their advice, and be bound by it. In fact, this demand has been made much
mnre/(ic the people than h)/ them. Ami I have not met with any one who has not at once
admitted the absurdity of cliiiminif to p\it the Council o -jr the he.ad of the (iovernnr.
It is but fair, too, to say that everythim; lias in jtast times been d«ne by the ditferent
tiovernors to excite the feelin;;s of the people on this question. First, the Executive
Council h:is generally been coinposed of the persons moat obnoxious to the majority of the

The First Test of the Union Act.

129

root and essence of the matter. Then or never was the time for
removing all misapprehension as to the meaning attached by the
Administration to the term " Responsible Government." That their
construction varied from that of Mr. Baldwin and his fellow- workers
had ab'eady become sufficiently apparent, but how far the variance
extended was not so clear. Lord Sydenham had been sent over to
Canada expressly to introduce Responsible Government. What sort
of Responsible Government ? How far was the responsibility to
extend ? It was deemed advisable to force an explicit declaration
on the subject from the Government, and no time could possibly be
more propitious for carrying out such a design than the present.

Mr. Baldwin rose to his feet. He said tliat he had certainly
listened to the speech of the honourable gentleman with a great
dt'al of attention and pleasure, althoiigh the pleasure had not
been altogether unalloyed. But he could discover from the speech
of the honourable and learned gentleman that a new principle hail
been applied with reference to the administration of affairs, in which
that honourable and learned gentleman had borne so conspicuous a
part. The great and important principle involved in the subject
under discussion, Mr. Baldwin remarked, had occupied the attention
of the country for a number of yeai\s, and on the faithful carrying

Assembly ; atid next, the Go" ernor has taken extreme cure to make every act of his own
go forth to tlie public o/i the rcsiMnKlliilil;/ of the Executive Council. Sn the pi-oiilo Imve
been carefully „. u.ijht to believe tliat the (iovornor is noboily, and the l)xecutive Council
the real power, ai\ii that by the (Jovernor himself. .\t the same time they have scon that
power placet! in the hands of their opponents. Under 8\ieh a system it is iu>t to he won-
dered at if one artjumont founded on the res|ionsihiIity of the Governor to the Home
Government falls to the ground. I have told .the people plainly that, as I cannot get rid
of my resjionsiliility to the Home (Joveniiuent, I will place no responsibility on the
Council ; that they are a Council for the (iovernor to consult, but no more. And I have
yet met with no ' l\es])onsilile iJovernmeut' man wlio waj not satisfied witii the doctrine.
In fact, there is no other theory whioli has common sense. Either the (iovernor is the
Sovereign or the Minister. If the first, ho may have ministers, but he cannot be responsi-
ble to the Government at home, and all colo.^ial government becomes impossible. Ha
luust, therefore, be the Minister, in whicii ease he cannot be under the contrtil of men in
the colony."— See Scrojie '8 "Life of Sydenham," p. 1 l.i.

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130

The Last Forty Years.

r }

o)it of that principle the continuation of the connection with the
mother country in a great measure depended. The speaker agreed
with the Attorney-General that the functions of the Head of the
Government are of a mixed character, and that he is responsible to
the Home Government for the proper administration of the Govern-
ment in the colony. He v»rould admit that in the administration of
the Government questions might arise in which the Government
might not be prepared to adopt the advice which might be tendered
them. But if he (Mr. Baldwin) understood the honourable and
learned gentleman right, that the Council of his Excellency should
offer their advice only when it might be demanded of them, and on
all other occasions remain mere passive observers of the m'""'ures
adopted by the Government, he (Mr. Baldwin) would beg leave irom
such a system entirely to dissent. That all measures .-nust neces-
sarily receive the Governor's assent he would readily admit, but that
those gentlemen whom he called to his Council should never open
their lips except when he particularly and expressly called upon
them to do so, was what he (Mr. Baldwin) could neither acquiesce in
nor approve of. In fact such a Council as that would be no Council
at all. To advocate such a course would be, in his opinion, acting in
direct violation of the oath which as Executive Councillors they
were called on to take. They were commanded to advise his Excel-
lency on all matters connected with the public good. Mr. Baldwin
then read the oath prescribed to be taken by Executive Councillors,
and then continued. In his understanding of this oath, a Council
was necessarily bound to bring under the notice of the Head of the
Government those measures which, in their estimation, the country
required. If this responsibility was not to lead to the carrying out
of what the country required it would be a dead letter. He (Mr.
Baldwin) believed, however, that, so much having been conceded,
they would be enabled to enforce upon both the Provincial and
Home Government a due attention to the wishes of the country.

Flr^-^t Test of J-^;. Union Act.

131

He cc,a;-!uded his observations by adding a remark to the effect that
he could have wished that the representative of Royalty in Canada
had made some reference to this matter in the Speech which had
been delivered to the Legislative Council and Assembly, and that
it had not been left to the honourable member for Russell (Mr.
Draper) to announce so important a circumstance to the representa-
tives of the people from his place on the floor of the House.

Mr. Merritt expressed his regret that the advisers of the Govern-
ment had not come out more distinctly. He did not, he said, approve
of mystifying the matter; he believed the Governor-General was
fully prepared to carry out the principle of Responsible Government
as understood by Lord Durham, and that this was the cause of his
Excellency's popularity. The distinction he (Mr. Merritt) would
draw was broad and obvious. He believed the power of the
Executive, as a Minister of the Crown, could not be delegated ; but
he believed that his Executive Council, chosen from the people of
this country, were responsible to the people for the advice given on
internal affairs, and that they were bound to resign when they did
not enjoy public confidence. In the old order of affairs no one
placed any confidence in the Council, for they were beyond the
control of the people. He considered that Canada had now Respon-
sible Government, or that she had nothing at all.

Mr. Cameron said he felt it necessary to express his opinion upon
the subject. He felt that the members of the Government had not
made any distinct avowal of their intention to act upon the prin-
ciples of Responsible Government. If such were really their in-
tention it was very easy to declare it. He felt it to be an important
point, because it was upon a conviction that such was to be the case
that he had taken his determination to support the Administration
of Lord Sydenham.

Captain Steele said that as he was the seconder of the resolu-
tions he would explain the views which he entertained with regard

182

The Last Forty Teara.

to the course of policy to be pursued by the Government. He,
the speaker, had also come to that House with a determination to
give support to the Administration of the Governor- General, provided
he acted up to the professions which had been advanced on his behalf
with respect to Responsible Government. But he had come to that
House unshackled by pledges, free to act according to the dictates
of his judgment, elected by a constitutency which had imposed no
conditions and laid down no rule for the guidance of his conduct,
other than that broad principle which all the representatives of a
free people should strive to ootain — the advancement of the interests
of their constituents and of the country generally. He would ac-
knowledge that the explanation which had been given was entirely
to his satisfaction, and he would come frankly forward and support
the Administration of the Governor-General as long as the conduct
of the Executive corresponded with the professions they had heard.
But he would desire to see the Administration supported by a fi'ank
and honest vote, founded upon conviction and in honesty, and not
produced by cabal and faction. When the Head of the Government
was seen in this House delivering his speech with painful effort,
owing to his declining health, was there a man present who did not
say within himself, " I will throw myself in the breach, and prevent
any faction from disturbing his nightly sleep."

Mr. Thorburn said that although the discussion had been brought
up rather prematurely, still, as the members of the Executive Govern-
ment were now in their places, and as the question was not alto-
gether new, they might be prepared, he thought, to give a plain
answer, and that answer would do more good than 100,000 bayonets
would do at that moment. He alluded to New Brunswick, where,
in consequence of the principles of Responsible Government being
carried out, the late gallant Governor * of that Province had received

* Sir John Harvey.

R n I

The First Test of the Union Act.

IS'i

the unanimous thanks of the House of Assembly, and a substantial
mark of their esteem, and had departed w'ch. the blessings of the in-
habitants. He begged the advisers of the Executive to come out
manfully and declare themselves. If they admitted the principle
for which the people of the country had struggled for so many
years, they should have his hearty support. He hoped they would
at once see their way to doing so, and the joyful news would spread
like lightning over the country.

Mr. George M. Boswell, member for the South Riding of Nor-
thumberland, said he hoped before the Committee should rise, those
honourable gentlemen belonging to his Excellency's Council would
be fully prepared to answer this important question in a categorical
manner, for they might depend upon it the eyes of the country were
upon them. He would inform them that it would be impossible to
carry on any Government, except a despotism, without the confidence
of the people, and without the admission of the principle contended
for on that day.

Mr. Baldwin explained with reference to his former remarks that
he believed that the present Head of the Government was desirous
of carrying out the principle of Responsible Government ; and he
wished to see it carried out as it had recently been in Nova Scotia.
He (Mr. Baldwin) hoped the people of Canada would not be treated
with less regard than the people of Nova Scotia.

Mr. Draper said that the question having been put to him as to
what course the advisers of his Excellency would take in the event
of the majority of the House of Assembly opposing those measures
which might be proposed to the Government, he desired no mystifi-
cation, and that the honourable gentleman (Mr. Merritt) who used
the term had found mystification to exist only in his own imagina-
tion. After expressing what his views were of the character nnd
degree of responsibility resting upon the different branches of the
Government, he had stated that there was an absolute necessity for

134

The Last Forty Years.

the preservation of harmony between the Government and the
people, and he had pointed out causes on the occurrence of which
he would not resign, but would appeal to the country, and ascertain
whether he would not be sustained by the people. The responsibility
in such cases as he had before stated would rest with the Governor
himself. Should his Excellency find that he could not act with the
Council, he might call upon them to resign.

Mr. Boswell desired to be informed if he had rightly understood
the honourable gentleman to mean that he would be contented to
remain a Minister of the Government as long aS' the Governor
desired him to do so, whether a majority of the House of Assembly
were with him or not.

Mr. Draper replied that he had said that he would retain ofEco
so long as harmony existed between the representatives of the
people and the Government. But it could not be considered that
harmony existed as long as there was continual opposition main-
tained from different sides of the House. The distinction which he
understood as having been drawn was that the responsibility rested
entirely with the Government.

The Attorney-General's sophistry, however, was of no avail. Mr.
Boswell once more got upon his feet, and spoke as follows : — " The
honourable gentleman has said that he would not resign unless
required to do so by the Head of the Government. He has not
said that he entertains the slightest respect for the opinion of the
representatives of the people. He desires harmony, but he wishes
the whole responsibility to be thrown upon the shoulders of his
Excellency. I can put no other interpretation upon his language."

Mr. Hincks said it was very much to be regretted that so import-
ant a subject should have been so much mystified ; at the same time
he thought there should be great allowance made for the honourable
and learned gentleman. He no doubt felt himself in a very
awkward situation. He had come down to the House and avowed

The First Test of the Union Act.

principles upon which a few years ago he had said he would " make
war to the knife."

Mr. Draper said that what the honourable gentleman had stated
was unfounded in fact. The speaker was here called to order.

Mr. Hincks proceeded. He was extremely happy, he said, to be
corrected, if he had fallen into an error.

Mr. Draper again requested permission to explain, which, having
been granted, he proceeded to observe that he was unwilling to
remain under an unjust imputation, which might, -^ith few words,
. be entirely removed. There were those in the House who could do
him the justice to say that long before this discussion was contem-
plated he had drawn a distinction between those who were discon-
tented and those who were disaffected. The complaints of the
former might be remedied, but as for the others he cared not how
soon they sought any country which would be more congenial to
their feelings.

Mr. Hincks said he was happy to hear the explanation of the
honourable gentleman. It appeared that it was not the principle
advocated by the majority of the House of Assembly, but the
opinions of certain individuals, against which he would make war to
the knife. The principles which were then advocated by a majority
of the House of Assembly were the same as those which he at
present advocated — the principles of Responsible Government —
those principles which would be found laid down in Lord Durham's
report. Every honourable member of that House must be fully
iware that the great mass of the country had been convinced that
the Head of the Government had intended this to be the principle
upon which the Government should be conducted. "It matters
little," — continued Mr. Hincks, — " who are responsible here if we are
constantly to have our laws which we have passed at great trouble
and expense set at naught and sent back to us annulled and void.
The honourable and learned gentleman, in order to point out the

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The Last Forty Years.

degree of responsibility under which he considers the Government
as standing, has quoted from documents which have been always
held and acknowledged by those gentlemen with whom he acts as
going entirely against the principle for which we are contending.
What the country wishes to know is whether the Provincial Gov-
ernment is to be conducted according to the principles of the British
constitution. Those are the principles to which a majority of the
people of this Province are attached."

Mr. Boswell said the honourable and learned gentleman must
excuse him for again pressing the question, because it was of very
great importance to him that it should be distinctly answered, as
upon that answer would depend his future course of conduct within
that House, and he would put it in such a shape as that it might bo
replied to by a single affirmative or negative. " Does the honour-
able gentleman mean to say," pursued Mr. Boswell, "that if the
Government cannot command a majority of this House, so that its
metisures may be carried on harmoniously ; if they do not find by
the whole proceedings of the House that they have the confidence
of a majority of its members, that then a dissolution of the House
shall follow, or that the Government will resign ?"

" Yes, yes," replied Mr. Draper, fairly brought to bay.

" Then," said Mr. Boswell, " I am satisfied." And he added that
it was an unfortunate circumstance that the honourable gentleman
could not long ago have stated it explicitly to the House, and thus
have prevented the necessity for so long a discussion.

So far as Responsible Government was concerned, this important
debate ended there and then not to be renewed with much vigour
until after the arrival in Cant la of Sir Charles Metcalfe as Governor-
General, nearly two years later. The admissions of the Attorney-
General, though dragged out of him sorely against his will, had
been tolerably explicit, and the true principle of Responsible Gov-
ernment seemed to have been conceded. Still, the evident reluc-

The First Test of the Union Act.

1?.7

tance of the spokesman of the Administration to commit himself,
and his well-known hostility to the popular doctrine in times past,
led many of his hearers to doubt the sincerity of his professions.
There were not a few who even doubted the sincerity of the Gov-
ernor-General ; and, notwithstanding all that had been conceded,
there was an uneasy feeling of insecurity as regarded the future.*

The debate on the Address, however, had only fairly begun. It
was continued at intervals until the following Wednesday (the 23rd),
when an Address, founded on the previously-debated resolutions,
was submitted to the House to be voted upon. Mr. Neilson,
who well knew that he was fighting for a lost cause, but who
could not allow such an opportunity to pass unimproved, moved an
address in amendment, the penultimate clause whereof was directly
condemnatory of the Union. " In conformity to our obligations as
subjects of the British Crown," — ran the clause, — "and bound to
fidelity by the most .sacred ties, we have assembled in obedience to an
Act of the Imperial Parliament and Her Majesty's writs, to advise and
consent to such laws as may be deemed necessary for the peace, wel-
fare, and good government of Canada : although we cannot but regret
that the most populous portion of the Province heretofore constituted
under the Act of Parliament of 1791, as the Province of Lower
Canada, has not been consulted on the Constitution of the Govern-
ment which is now substituted for that which prevailed under the
said Act ; and there are features in the Act now constituting the
Government of Canada which are inconsistent with justice and the
common rights of British subjects." Mr. Neilson made an argu-
mentative and not ineflfective speech in support of his motion. When

* "The opinions of reflecting men differ widely as to the probable result. While some
look upon the enunciation of the new policy as a political advent promising a long course
of prosperity and greatness, others look upon it with sincere despondency, and with melan-
choly forebodings that it is the first step towards those encroachments upon Executive
authority 'hich must terminate in colonial independence." — Correspondence of the Mon-
'.real Gat : i ,
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The Last Forty Years.

the division was taken there were seventy-five members in the House,
in addition to the Speaker. The majority against the amendment
was exactly two to one, the vote standing fifty to twenty-five.
Nineteen of the minority were French Canadian members, or repre-
sentatives of French Canadian constituencies. The other six con-
sisted of Mr. Baldwin and his staunchest Upper Canadian followers,
including Messieurs Hincks, Price, Small, Durand and Hopkins*
A subsequent amendment moved by Mr. Hincks and seconded by
Mr. Price was defeated by a vote of fifty-four to twenty-one. The
Government party was hugely predominant. The Address was carried
and presented in due form. During the progress of this long debate
Mr. Baldwin, on the 21st, having been attacked with much asperity
for resigning office, explained the motives which had impelled him
to that course. His explanation was in effect the same as has been
set down in a previous chapter.f There were sharp passages
of arms during the discussion that ensued, and some acrimonious
remarks were indulged in, more especially by Colonel Prince and
Solicitor-Generr^ Day. The ex-Minister was accused by the latter
of having secretly intrigued with a hostile faction to overturn the
Government of which he himself was at the time a member. Mr.
Baldwin was not always happy at extempore reply, but he felt
confident that he had acted rightly, and presented his side of the

• It may be interesting to the reader to examine the complete division-list on this repre-
Bentative motion. The vote on the amendment stood as follows : —

Feoa— Armstrong, Aylwin, Baldwin, Barthe, Berthelot, Boutillier, Christie, Des-
rivieres, Durand, Hamilton, Hincks, Hopkins, Kimber, Morin, Neilson, Noel, Parent,
Price, Quesnel, Raymond, Ruel, Small, Taschereau, Turcotte, Viger— 25.

JVaj/8— Black, Boswell, Buchanan, Burnet, Cameron, Campbell, Cartwright, Chesley,
Cook, Crane, Daly, Day, Delisle, Derbishire, De Salaberry, Draper, Dunn, Dunscomb,
Duggan, Foster, Gilchrist, Hale, Holmes, Johnston, Jones, Killaly, McCulloch, McDontvld
(Prescott), Macdonnld (Glengarry), McLean, MaoNab, Merritt, Moflfatt, Moore, Morris,
Ogden, Powell, Prince, Robertson, Roblin, Simpson, Smith, Sherwood, Steele, Stracban,
Thompson, Watts, Williams, Woods, Yule— 50.

+ Seeant€, pp. 76-82.

The First Test of the Union Act.

13£

argument with much felicity and power of expression. It maj
safely be said that he came out of the controversy with the public
respect for him increased.*

What Lord Sydenham had characterized as the first test of the
Union Act was over, and, from his point of view, well over. There
could no longer be any doubt as to the (at least) temporary success
of his undertaking. His policy was sustained by a large majority,
and United Canada was fairly launched on her career.

• "Baldwin was at this time the darling of the people, and therefore the object of the
hatred of the hateful, and [of] the petty insults of envious mediocrity. Men like Prince and
the whole Family Compact saw him take a leading jiart with the same feelings [as those
with wMch] the Barons w.-vtched Gavestou carry the Confessor's Crown."— See "The
Irishman in Canada," p. 453.

'^li

Chapter "VII.

EXIT LORD SYDENHAM.

" Lord Sydenham belongs essentially to Canada. His nobility was fairly earned in her
service ; the ripest fruits of his experience and acquirements are embodied in her institu-
tions ; his warmest and latest sympathies are blended with her interests ; his mortal
remains repose, by choice, among her dead."— The llev. Egerton llyerson, in the Christian
Ouardian.

"Canada has had the best of him. His last partin? energies were exerted in her cause,
his Last breath [was] yielded for her. It is not three months since that he told Colonel Prince
he would die in harness, and in carrying out those measures which he deemed essential
to the salvation of this country. Canada should remember this. It should be recorded
on his tomb— on the monuments that we should raise to his memory, now that he has
departed from amongst us." — Munti'cal Courier.

AVING eeen the United Province fairly embarked on her
course under the new constitution, it is not necessary, nor
is it compatible with the limits of this work, that the
progress of legislation throughout the session should be
traced minutely from day to day. Many of the members
then sat in Parliament for the first time, and had still to
learn the amenities of a grave deliberative assembly. A good deal
of time was wasted in frivolous discussion. The measures passed,
however, were for the most part of a practical and useful character,
tending to the development of the resources of the country, and to
the welfare and due regulation of society. There was a good deal
of friction, consequent upon the diverse interests and sympathies of
the members of the Assembly. There were frequent exhibitions of
personal and party feeling not entirely becoming to a Legislative

Exit Lord Sydenham.

141

body. The French Canadians continued to cherish their grievances,
and were especially incensed at the apparently persistent deter-
mination to exclude them from the Ministry unless they were
content to enter it upon conditions the acceptance whereof would
belie the record of their past lives. Some of the Quebec and
Montreal papers, published in the French language, and known to
be the exponents of French Canadian feeling, from week to week
contained articles overweighted with the hate which is bred in a
certain order of mind by the consciousness of injury and the
inability to obtain any redress. The hate was generally indis-
criminate, and there was little apparent recognition of the fact that
many persons of British stock sympathized with the Kyitimate
aspirations of their French Canadian fellow-countrymen. Several
of the conductors of British papers were little disposed to sit
down quietly under such sweeping condemnation, and the want
of judgment displayed by the press had much to do with keeping
alive the ill-feeling which, it must be confessed, was not altogether
without excuse.* It was not till the month of September, 1842,

•The following extract from a (British) Montreal paper of the period gives an apt
illustration of the state of affairs described in the text : — " It is but a few weeks since the
olive branch has been frankly and honestly extended — since several English journals
earnestly advocated an oblivion of the past and a reconciliation of the future. We must
own that, however much we respected the attempt, we never anticipated that it would
be successful, and we daily find in the pages of the Canadien, the French Gazette, the
Aur<yre, and the other small fry, the proof of our prognostications. It is a truth — a truth
boldly and continually proclaimed by the above-mentioned public journals, printed in the
French language, that the Canadian leaders, and all those who aspire to lead this class of
the population, now, as heretofore, must base their only pretensions to popular support
on their utter and entire abhorrence of everything that is English. The word 'anti-
British ' is the type of their political existence —the only true passport to the affections
of a French constituency. They hate us — not because we are Unionists or anti-Unionists,
Whigs, Tories, Radicals or Conservatives— but because we are British. They hate us --
not because we are Catholics, Protestants, Presl-yterians or Methodists — but because we
are British. They hata us because we speak English— because we love English laws—
because we admire English institutions— because we would introduce English improve-
ments—because we have given them two or three good English drubbings, and are ready
to give them again if provoked. First, they hate the Briton ; secondly, the American,

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142

The Last Forty Years.

that a French Canadian — in the person of Mr. Lafontaine — obtained
a seat in the Cabinet.

There was, however, nothing absolutely tumultuous n the pro-
ceedings during the session; nothing, for instance, which for
unseemly violence could be compared to some of the ante-Rebellion
disputes in the Lower Canadian Assembly. There was nothing,
indeed, comparable to the scenes which had been witnessed in the
Assembly of the Uppar Province during the old times when
William Lyon Mackenzie had been subjected to periodical expul-
sions. Nor was there any marked disloyalty in the speeches even
of the most dissatisfied French Canadians,* who could not reason-
ably have been expected to bow their heads with a very good grace
beneath the yoke that had been imposed upon them.

It soon became apparent that the anxiety which had been felt on
the part of certain of the British population lest the French Cana-
dian members would be able to hold the balance of power in their
hands had not been well grounded. So far from the latter's holding
the balance of power, they commanded, during the first session, not
a single avenue to power. Owing to the fact that the elections had
not been fairly conducted, the French districts of Lower Canada
were inadequately represented in the Assembly; and the French
Canadian members were potent as obstructionists only from the fact
of their having coalesced with the advanced Reformers from the
Upper Province. The real balance of power throughout the session

and, lastly, their seigniors and clergy are included in the same category ; and if they
could only accomplish what they never will— get rid of the Briton — they would be rapidly
' used up ' by the Americans, who would rob their seigniors, discard their priests, and
' improve ' the Nation Canadienne off the face of the earth."

• "The late session displayed little or nothing of this disloyal and disreputable feeling ;
and if there were men present — and we know there were— who entertained those feeling ,
they felt abashed in the presence of men who felt differently, in the face of their country,
and by a new order of things calculated to preserve, at all harirds, the integrity of tho
Empire, and secure the true happiness of the inhabitants of the Province."— J/ontrea/
(Jazette's review of the state >.>! affairs i.t the end of the session.

Exit Lord Sydenham.

143

was held by the moderate Reformers of Upper Canada, who generally
voted with the Government.* Mr. Baldwin and his most trusted
followers acted with the French members, and the union thus
formed was more formidable by reason of the talents and character
of its adherents than from its numbers. Mr. Baldwin himself, both
in and out of Parliament, frequently spoke up on behalf of his
Lower Canadian allies, and showed an active sympathy with their
complaints of injustice. In this way he endeared himself greatly to
them, and the result of his sympathy brought forth much fruit in
its season.

A matter which caused not a little embarrassment to the Gov^ern-
ment was the strong censure pronounced by some of the members
on the manner in which the recent elections had been conducted.
The Houses had not long been in session when an inquiry was pro-
jected into the origin of the riots which had occurred at some of the
elections in the Lower Province. Mr. Lafontaine, Mr. Ij. M. Vigor,
and others who had been defeated, as they alleged, by corrupt prac-
tices, petitioned the Assembly on the subject, praying that the elec-
tions should be annulled. The petitions, however, owing to an
excusable misapprehension, had not been accompanied by certain
technical formalities, and could not be received by the House. When
the omissions were discovered, the time for tne observance of the
formalities had passed, and there was thus no possibility of remedy-
ing the misapprehension into which the petitioners had fallen. It
was felt by many disinterested persons that to give effect to the
technicalities would be tantamount to a subversion of justice, and
attempts were made to induce the House to waive the irregularities
and receive the petitions. These attempts were opposed by the
Government, and defeated. A Bill was then introduced by Sir
Allan MacNab, whereby the time for receiving the petitions was

* See "The Political History of Canada," ubi lupra, p. 27.

144

TJie Last Forty Years.

extended. This measure was supported, not only by the adherents
of the mover, but by the French Canadian members, as well as by
the advanced Reformers of British stock in both Provinces. The
Ministry, acting under inspiration from the Governor, opposed che
measure upon the ground that it was ex post facto, and that, irre-
spective of the truth or falsehood of the charges in the petitions, the
sitting members had acquired a legal right to their seats. The Minis-
try put forth the whole weight of their influence ; yet, so strong was
the feeling of the Assembly on the subject that the measure was sup-
ported by many persons who ordinarily voted with the Government.
In spite of all opposition, it was carried through its three readings
by considerable majorities, and was sent up to the Legislative
Council for the concurrence of that body. The Council, however,
was much more subject to Government influence than the Assembly.
They temporized by sending a message to the Assembly, asking for
information as to the ground and evidence upon which that House
had proceeded in passing the Bill. The evidence was soon forthcom-
ing, but the Council refused to concur, and the Bill was therefore
lost. The defeat was a sore point with the promoters of the mea-
sure, and it was felt that the Government had acted arbitrarily.
They were accused of having beguiled the people of Canada with a
counterfeit presentment of liberty. One Lower Canadian journal
accused the Governor-General himself of having "suckled corruption
and famished freedom." The Government were somewhat startled
by the storm that arose all around them, and offered to consent
to a committee of inquiry and an amended election law, but their
opponents were not disposed to accept anything less than had been
demanded by Sir Allan McNab's Bill, and so the matter was allowed
to drop.* Upon the whole, the conduct of the Ministry in opposing
the presentation of the petitions did not tend to strengthen their

* See Scrope'u " T.ife of Sydenham," p. 242.

Exit Lord Sydenham.

14-5

position before the country. A few days before the close of the
session the Assembly unanimously passed a resolution to the effect
that the House would proceed with the election inquiry early in the
following "-.ession.

Among the useful legislation set on foot were various measures
relating to public works and improvements, for which purposes
sums exceeding a million and a half sterling were voted by the
Assembly. An Act was passed to enable the Province to purchase
the stock held by private persons in the Welland Canal, and the
enlarging and deepening of that important enterprise was soon
afterwards proceeded with as a public work. The improvement of
the navigation of the St. Lawrence also formed a subject for Parlia-
mentary deliberation, and more than a third of the entire sum voted
for public works was assigned for that purpose. Provision was also
made for the construction and improvement of roads and highways
in various parts of the country. The money required for all these
important public undertakings had to be borrowed, and an Act was
passed to facilitate the negotiation of the requisite Imperial loan.
A Provincial Board of Works Department was created with a view
to the more eflScient carrying out of the many public improvements
which had been, or were to be, undertaken, and which it was justly
deemed desirable to place under executive control, and thereby to
lessen the opportunity for jobbery and corruption. Measures were
also passed for securing the independence and uprightness of the
judiciary, for the settlement of immigrants, for the readjustment of
the currency and of the customs tariff, and for the reform of the
criminal law.

An important Government measure which deserves t paragraph
to itself was the Act to make provision for the establishment and
maintenance of Common Schools throughout the Province. It was
introduced by Solicitor-General Day on the 20th of July, and, after
having been subjected to careful and repeated consideration in com-

146

The Last Forty Years.

mittee, passed its third reading on the 14th of September. It was
passed by the Upper House without any amendment, and was
assented to, with most of the other sessional measures, on the 18th
of September. It embodied some of the most important of Mr.
Arthur Buller's suggestions,* and provided an annual sum of
$200,000 for the establishment of elementary schools in Upper and
Lower Canada — $80,000 being apportioned to the upper, and
8120,000 to the lower section of the Province.f A Chief Superin-
tendent of Education was appointed for the entire Province, with
assistants for the eastern and western sections. Under the provi-
sions of this Act elementary schools were soon in operation all over
the Province. The measure, though it was not free from objection-
able features, proved a national blessing, and Lord Sydenham
and his Ministry are entitled to full credit for it. As years passed
by, more advanced legislation on the subject became necessary, but
it served its purpose for the time, and paved the way for later
enactments. It was superseded, so far as Upper Canada was con-
cerned, in 1843 ; and in Lower Canada two years later.

The most important measure of the session was an Act to provide
for the better internal government of the Upper Province by the
establishment of local or municipal authorities therein. Prior to
the coming into operation of this Act,J the inhabitants of the rural
districts in Upper Canada had no power to form themselves into
corporate bodies for the promotion of local improvements, or for
the carrying on of public affairs. The measure of 1841, which was
presented to the Assembly by Mr. Harrison on the 14th of July,
provided that the inhabitants of each district should be a body

• See atUe, p. 68.

t This apportionment was subsequently modified so as to accord with the respective
populations of the two sections of the Province.

X The Act came into operation on the Ist of January, 1842. It was repealed by 12 Via,
cap. 80.

Exit Lord Sydenham.

14,7

corporate within the limits prescribed by the Act. Provision was
made for the formation of a municipal council in each district, to
consist of a warden and councillors. Power was f,nven to these
councils to appropriate, assess and collect from the inhabitants such
moneys as might be required for local purposes, and generally to
adopt measures for the prosperity and good government of the
respective districts. The Act was restricted in its application to
Upper Canada alone, municipal institutions having previously been
established in the Lower Province by ordinance of the Special
Council. But the situation of the two sections of the Province was
far from being analogous. In Upper Canada there existed a system
of local taxation, imposed by the magistrates in Quarter Sessions.
In the Lower Province there was no such thing as local taxation.
The French Canadian members knew, however, that municipal
institutions would render local taxation a necessity, and were conse-
quently opposed to a municipal system altogether. The Upper
Canadians wished to control their own expenditure, and though they
wanted municipal institutions, they wanted the privilege of electing
the principal municipal officers, such as the warden and treasurer.
But Lord Sydenham could not concede to them a more liberal system
than he had already conferred upon Lower Canada, and to make the
officers in Lower Canada elective would be to make municipal
institutions there a dead letter. The object, in a word, was to force
municipal institutions upon a people unwilling to accept them ; and
to effect this purpose it was necessary that the principal municipal ,
functionaries should be appointed by the Crown.

The Municipal Bill was very warmly contested during its passage
through the Assembly, and the clause enacting that Wardens should
be nominated by the Crown was saved from defeat only by the
castiniT vote of the Chairman of the Committee. The French
Canadian members opposed the measure on principle, and because
it would inevitably bring local taxation in its train. Sir Allan

148

The Last Fortv Years.

MacNab and his Conservative following opposed it because it
aimed at placing too much power in the hands of the people. Mr.
Baldwin opposed it on the ground that it was not sufficiently
liberal in its provisions, and he was supported in his opposition
by all the more advanced of his coadjutors except Mr. Hincks.
The Reform party as a whole were much divided on the measure,
some voting for, and some against it. Mr, Baldwin himself proposed
various amendments, and the Ministry, who had staked their offices
on the Bill, announced their readiness to withdraw it in the event of
any important amendment being carried. No such event took place,
however, and the Bill passed its third reading, after an unusually
prolonged debate, by a majority of twelve votes, on the 19th of
August. It was unanimously accepted by the Legislative Council
without amendment. On this important question Mr. Hincks — as
may readily be believed most unwillingly — found himself opposed
to all those gentlemen with whom he usually acted. He spoke and
voted in favor of the Bill, and his support was greedily received by
the Ministry, who gladly hailed the accession to their ranks of
such a coadjutor. He was charged by some of the more out-
spoken of his party with having deserted from their ranks. He
made a personal explanation on the floor of the House, and
defended himself from the imputations which had been levelled
at him. His defence, read at this distance of time, certainly seems
to carry weight with it. He doubtless did not regard the Municipal
Bill as being free from defects, but was disposed to accept it in
default of a better ; and in so doing he showed himself capable of
rising above factious considerations. There was certainly no justi-
fication for accusing him of having deserted the Reform party.
Although Mr. Baldwin and his more immediate followers opposed
the measure, it was supported by many less advanced Reformers.
Mr. Hincks's conduct was fully approved by his constituents. His
services to his party had been such as could not be overlooked,

Exit Lord Sydenham.

149

ii. ) ,|

and his fortunes were evidently rising. His voting on this and on
several subsequent occasions with the Ministry was evidence of
nothing except that he was capable of thinking and acting inde-
pendently.* His action, however, produced a temporary rupture
between Mr. Baldwin and himself which was not healed until the
following year, when they were arrayed side by side as members of
the Government.

Before the session was brought to a close another chapter was
added to the history of Responsible Government in Canada. It
may be premised that notwithstanding Mr. Draper's admissions on
that subject early in the session, there was a widespread distrust of
the Ministry among the French Canadian members and the advanced
Reform members from the Upper Province. It was thought desir-
able that all doubts on the subject should be resolved before adjourn-
ment, and on the 3rd of September Mr. Baldwin moved a series of
resolutions with a view to testing the sincerity of the Ministerial
professions. The motion was ."econded by Mr. Viger. The Govern-
ment, however, had a safe working majority in the House, and were
not disposed to allow the Opposition to gain credit with the public
for these resolutions. Mr. Harrison moved amendments to very
much the same effect as the original resolutions, but somewhat more
circumscribed in their application. The amendments passed with
little opposition. As finally carried, they were as follows : — (1) " That
the head of the Executive Government of the Province being, within
the limits of his Government, the Representative of the Sovereign,
is responsible to the Imperial authority alone ; but that, neverthe-
less, the management of our local affairs can only be conducted by
him, by and with the assistance, counsel and information of snb-

* " The Government announced its determination on what I thought at the tim , and
still think, justifiable grounds, to withdraw the Bill, if any important amendment were
carried, and in this, as on several other occasions as the session advanced, I considered
it my duty to support the Government." — See "The Political History of Canada l)etwecn
1840 and 18ri5," by the Hon. Sir Francis Hincks, P.C, K.C.M.G., (.;.B., pp. 23, -^4.

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150

The Last Forty Years.

ordinate officers in the Province." (2) " That, in order to preserve,
between the different branches of the Provincial Parliament, that
harmony which is essential to the peace, welfare and good govern-
ment of the Province, the chief advisers of the Representative of the
Sovereign, constituting a Provincial Administration under him,
ought to be men possessbd of the confidence of the representatives
of the people, thus affording a guarantee that the well understood
wishes and interests of the people, which our Gracious Sovereign
has declared shall be the rule of the Provincial Government, will
on all occasions be faithfully represented and advocated." (3)
" That the people of this Province have, moreover, a right to expect
from such Provincial Administration the exertion of their best
endeavours that the Imperial authority, within its constitutional
limits, shall be exercised in the manner most consistent with their
well understood wishes and interests." These resolutions, in the lan-
guage of a distinguished Canadian writer of the present day, " con-
stitute, in fact, articles of agreement upon the momentous qrestion
o^ ' ^sponsible Government, between the executive authority of the
</ioVvn and the Canadian people."* Mr. Baldwin endeavoured to
obtain a still stronger recognition of his views on the question of
executive responsibility. He moved a resolution asserting the con-
stitutional right of the popular branch of the Legislature to hold the
Ministry responsible for using their best exertions to secure Imperial
acquiescence in the wishes of the Canadian people, so far as the
latter's particular interests were concerned. This motion, however,
was negatived in the Assembly, being opposed to the spirit of Lord
John Russell's despatch of the 14th of October, 1839, already quoted
from, whereby the principle of non-interference by Colonial Ministers
in matters of Imperial concern was recognized. The great principles
underlying Responsible Government, however, had been most unmis-

* See "Parliamentary Government in the British Colonies," by Alpheus Todd,
Librarian of the Canadian Parliament, p. 5(3.

Exit Lord Sydenham.

151

takably asserted in the foregoing three resolutions, which, though
moved by Mr. Secretary Harrison, were as matter of fact dictated by
the Governor-General himself, whose biographer claims that " these
several declarations contain a formal and complete record of Lord
Sydenham's views on the subject of Responsible Government." It
is at any rate safe to say that they embodied his Excellency's
views as to what it was desirable to concede to public opinion in
Canada. Whether, if his life had been spared, he would have seen
his way to the adoption of a policy as liberal as was desired
by Mr. Baldwin and his colleagues, must ever remain an un-
solved problem. His earthly race was nearly run. He had
overworked himself ever since his arrival in Canada. His labours
throughout the session had been simply tremendous for a man
in such an uncertain state of health. The obstructions in his path
had been many, and he had been compelled to encounter them
almost single-handed, for his Ministers were able to serve him to
only a limited extent. The most capable of them did not, as we
have seen, enjoy the confidence of the popular side, and could not
be expected to lend themselves with much enthusiasm to the carry-
insr out of the most liberal of the Governor's measures.* Mr.
Baldwin's secession had doubtless tended to add to his many
embarrassments, for Mr. Baldwin, more than any other man in
Canada, had the ear of the public, and would have been invaluable
to His Excellency as an exponent of the popular will. A man of
less tact and Parliamentary experience than the Governor would
have been unable, in a single session, to carry through such a mass

•"My officers (Ministers?), though the best men, I believe, for their departments that
can be found, were unfortunately, many of them, impopular from their previous conduct, and
none of them [was] sufficiently acquainted with the manner in which a Government through
Parliament should be conducted, to render me any assistance in this matter. I had,
therefore, to fight the whole battle myself ; and it has been a considerable pull on both
one's adroitness and temper — particularly as I had ' a ministerial crisis ' on the very day of
thfl meeting." — Letter of Lord Sydenham ; see Scrope's "Life," p. 244.

152

The Last Forty Years.

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of important legislation, beset, as it was, with multitudinous details,
and in the face of a keen and watchful Opposition ever on the alert.
Too much praise cannot be awarded for the indefatigable manner in
which he literally spent himself in the public service. The Gov-
ernment's policy was sustained on every material point. The only
measure on which they sustained defeat was one which contemplated
the starting of a bank of issue. To Lord Sydenham more than to
any one else this almost uniform success was due. But it was not
obtained without the payment of a high price, so far as his Excel-
lency was personally concerned. He worked at high pressure, and
at tremendous expenditure of vital force. Much of the most
important legislation was actually drafted by his own hand. He
was ever at his post, and worked early and late. He was acces-
sible to any member, no matter to what party he might belong,
who could frame a plausible excuse for intruding upon him in the
public interests. His nervous system was kept in a state of per-
petual tension. His appetite was capricious, and he was fre-
quently unable to sleep. "The worst of it is" — he wrote to his
brother, on the 28th of August — " I am afraid I shall never be good
for quiet purposes hereafter ; for I actually breathe, eat, drink, and
sleep on nothing but Government and politics, and my day is a lost
one when I do not find that I have advanced some of these objects
materially. That, in fact, is the secret of my success. The people
know that I am ready at all hours and times to do business, and
that what I have once undertaken I will carry through ; so they
follow my star."* He had been discounting his physical constitu-
tion ever since he had accepted the Governor-Generalship, and had
taxed his energies ruinously. For more than a year before the
opening of the session he had been subject to frequent attacks of his
hereditary malady, the gout, and had sometimes been unable either
to write or dictate. To gout, fever and utter prostration of mind

* Letter of Lord Sydenham ; see Scrope's " Life," p. 2.55.

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153

and bodv were sometimes added. His removal from Montreal to
Kingston, in May, caused some improvement in his health, but he
complained that his strength did not come back to him, and that
his work oppressed him as it had never done before. " I am ready
to hang mj'self half a dozen times a day," he wrote, on the 5th of
June. . . "I long for September, beyond which T will not stay
if they were to make me Duke of Canada and Prince of Regio-
polis, as this place is called." His ambition to tide over a Parlia-
mentary session, however, and thus to see the new constitution in
running order, was such that he would not resign until the wished-
for goal had been attained, though it had all along been his intention
to return home at the close of the session. The opening, the minis-
terial crisis, and the excitement of circumventing the Opposition
seemed to stimulate him into abnormal activity for a time, and, as
has been seen, he was able for many weeks to work even harder
than before. On the 25th of July he forwarded his resignation to
England, having already applied for and obtained leave of absence,
which would obviate the necessity for his remaining at his post.
Very grateful to his senses was the consciousness of his success. He
knew that he had accomplished an arduous task, and felt a pardon-
able self-complacency.* He felt that he had won and deserved a place

* His Kxcellency heliovod that he had effectually solved all the difficult lu-ohleins of the
new constitution, and that all the wheels of administration \v( ilil run smoothly for his
successoi-s, "I shall leave, I trust," he writes to his brother, towards the end of August,
"a held which my successor, whoever he be, cannot mismanage. With a most difficult
openin;,', .ilniost a minority, passions at boilinu; heat, and prejiulices such as I never saw
to contend with, I luive brought the Assembly by degrees into jjorfect onler, ready to
follow wherever I may lead ; have carried all my measures, avoiiled or beaten otf all
discussed topics, and have got a Ministry with an avowed and recognized majority
capable of doing wliat they think right, and not to be ui>set by my successor." — See " Life
of Sydenham," pp. 2">;{, 254. We now know that his Lordship's self-assurance carried
him too far. Sir Charles liagot staved olf the impending conflict oidy by calling to his
Cabinet some of those very French Canadians whom Lord Sydenham feared to trust with
office and power ; and Sir Charles Metcalfe jiroved by his unfortunate administration
that the wheels of State would nut run smoothly for him.

154

The Last Forty Years.

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in lii.story. On the 1st of September he wrote home in good spirits,
saying that lie had not thus far been compelled to act upon his leave
of absence, and that he thoutjht he could stand out the remaininer
few days of the session. He nursed himself more than he had
ever before been in the habit of doing. He accustomed himself to
take gentle exercise, and rode out on horseback almost daily. On the
4th of September he rode several miles out of town. He seemed to
be much improved in health, and connuented to his aide-de-camp on
the beauty of the day. " We never," said his Lordshij), " have such
an atmosphere as this in England." He seemed to enjoy his ride,
and the tone of his mind was apparently more hilarious than it had
been for weeks. While retui'ning homeward he put his horse to a
canter, just as he began to ascend a little hill not far from Alwing-
ton House. When about half way up the ascent, the horse stumbled
and fell, crushing his rider's right leg beneath his wt'ght. The
animal rose to its feet, and dragged Lord Sydenham — whose right
foot was fast in the stirrup — for a short distance. His aide, who
just then rode up, rescued the Governor from his perilous position
and conveyed him home to Alwington House, which was close by.
Upon examination, it was found that the principal bone of his right
le<T, above the knee, had sustained an oblicpic fracture, and that the
limb had also received a severe wound fi'om being bruised against a
sharp stone, which had cut deeply, and lacerated the Hesh and
sinews.

It was evident that his Excellency had been subjected to a severe
shock, and he was in a condition little suited to withstand any
additional calls upon his nervous system. He himself took a des-
pairing view of his ca.se fi'om the first, but his professional atten-
dants did not for some time anticipate a fatal termination to the
accident. He for some days continued free from fever, and bis
wounds seemed to be going on satisfactorily ; but he was debilitated
by an almost perpetual sleeplessness, and by inability to rest long

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Exit Lord Sydenham.

155

in one position. His sufferings, too, were at times very severe.
His mind, nevertlieless, continued to busy itself with public affairs,
and his interest in the sessional proceedings was apparentl}'' as
active as ever. His Ministers and many of the other members of
the Legislature were received by him with genial courtesy from
day to day. On the 11th of the month the mail from England
brouiiht him the official notification that his resiunation had been
accepted, and that Her Majesty had been pleaseil to bestow upon
him the Grand Cross of the Order of the Bath.

Such intelligence, read in the light of subsequent events, seems
very much like a hollow mockery. Reil ril)bons and such like gauds
are of little avail to one so near the hour of his utmcjst need as was
Lord Sydenham at this time. He was about to pa.ss the confines of
a kingdom into which rod ribbons, stars, garters and Windsor
uniforms are no passport. It must surely have been more consoling
to his Lordship, lying there so near his end, to reflect that, upon the
whole, his conscience was clear; that he had, according to such light
as had been given him, endeavoured to do his duty in his proper
sphere ; that he had had the manliness to stand up for the right, and
to encounter harsh oblocjuy for his principles. Well for him if he
could lay such flattering unctions as these to his soul, for his Lord-
.ship was altout to appear Ijcfore a Judge who is no respecter of
persons ; a Judge in whose eyes, it is to be [>resumed, the rectitude
of a man's life weighs more than all the ribbons — red, blue, or otlier-
wise — which it is the pi'erogative of Majesty to bestow.

His Lord.ship, however, notwithstanding his gloomy premonitions
of the past week, rallied a little at receiving the intimation of the
new dignity which had been bestowed upon him. He wrote to
Lord John Russell the same day, expressing his thanks for the red
ribbon, and giving an account of his accident. He hoped, he said,
to be in a state to be moved by water to Quebec in time to sail for
England during the autumn. The hope was not destined to be

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realized. Two days later, danj^jcrous symptoms befran to manifest
themselves. Gout set in, and the fractured bone refused to knit.
It had been settled that the prorogation should take place on the
loth, but it was now considered advisable to postpone the ceremony
to the 17th. On Thursday, the 16th, he dictated the Speech with
which he pro[)Osed to close the session. Next morning, though he
was evidently very poorly, he insisted on revising and correcting
the Speech, and he also transacted some public business. His
])ersonal attendance at the prorogation was out of the question for
that day, and accordingly the ceremony was again postponed. His
symptoms became still more alarming in the course of the afternoon,
and his medical advisers were apprehensive of delirium. He ac-
cordingly issued a Commission appointing Major- General John
Clitherow, the senior military officer who was then on the spot, to
be Deputy-Governor, for the purpose of giving the royal sanction
to the unreserved Bills which had been passed during the session.
referring the reserved Bills for the signification of the Queens
pleasure, and proroguing the Parliament. It was too late to go
through the ceremonial for that day. It was understood that if
His Excellency's condition was not greatly improved on the follow-
ing morning the counnission to Major-General Clitherow shouM be
acted upon. During the night it became evident that there was no
hope of Lord Sydenham's recovery. His agonies increased, his
little remaining strength gradually ebbed away, and his death was
only a question of hours. There was, as is usual in such contin-
gencies, an attempt to make the best of his condition to the world
outside, but early on Saturday morning it was known all over
Kingston that the end was rapidly a})proaching.*

* The Miintrcal Gazette, in an extra issued at Kingston early in the afternoon of Saturday,
the 18th, ivnnounced the prorogation, and concluded as follows ;—" The state of His
Excellency's healtli at tiio nioniont of our writing is most precarious. Tlie latest bulletins
from the (jrovernnient House which we have seen are of the most gloomy cliaracter. The
worst gymptoms of his complaint liave been aggravated during the night, and all hopes of

Exit Lord Sydenham.

157

A few minutes after noon on Saturday, the 18th, the Deputy
Governor, accompanied only by Captain Clitherow, his Aide-de-
camp, and Mr. T. W. C. Murdoch, Chief Secretary to the Governor-
General, repaired to the Les;islative Council Chamber, where that
body were then in session. The salutes and guards of honour usual
on such an occasion were dispensed with, and the attendance of the
heads of departments, officers, and other functionaries was not
required. The Gentleman Usher of the Black Rod having been
commanded to require the attendance of the Assembly, the Speaker
and a large number of the members made their appeai'ance at the
bar. The unreserved bills were then presented by the Clerk of the
Crown in Chancery, and the assent of the Deputy Governor, in Her
Majesty's name, was given in the usual form by the Clerk of the
Legislative Council. The first session of the First Parliament was
then brought to a close by a Speech deploring the condition of the
Governor-General, and congratulating the Legislature on the many
important Acts which had been passed, and on the general harmony
which had marked the Parliamentary proceedings.* The members
then dispersed to their respective homes.

Xotwithstauding the great bodily agony from which he suffered,
Lord Sydenham bore up with wonderful fortitude. His mental
faculties were unimpaired, and he knew that his end was very near.
During the forenoon of Saturday he executed his will, in which was
inserted a clause bestowing a legacy upon his friend and fellow-
worker. Lord John Russell. " He was the noblest man it was ever

a recovery are now aliamloned. The wluile town appears to tie deeply interested in the
intelligence from hour to hour reported from Aluin;,'ton Houne. But while life lusts there
is still hope. (.Jod h'rivnt that those hopes may not prove fallacious ! "

*The number of Bills to which the royal assent was given hy the

Deputy (lovernor was (i7

Reservetl for the signification of Her ^[ajesty's pleasure 15

Previously sanctioned 20

Total passed during the session 102

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TIte Last Forty Years.

my good fortune to know," exclaimed the already dying Governor,
as the clause was read over to hinj. In the course of the afternoon
he gathered the members of his household about him, and united
with them in })artaking of the sacrament. He then took a personal
farewell of each, after which he requested to be left alone with his
chaplain. He spent the night in such preparation for thi? end as his
surterings ])ermitted. He survived until seven o'clock on the follow-
ing morning, which was Sunday, the 10th ; when, after an agony of
unusual shai'pness, he breathed his last. The immediate cause of
his death was inflammation, terminating in lock-jaw. He had com-
pleted his forty-second year only six days before.

Owing partly to an early disappointment in an affair of the lioart,
and partly to his feeble health — partly also, it may be presumed,
to the absorbing nature of his pursuits — he. had never mari-ied,
and he left no successor to the title which he had so arduously won.
In private life, notwithstanding the self-conscic'Usness and pseudo-
coxcombry alluded to by Grevillo,* he had many warmly-attache<l
friends. His kindly disposition and ingratiating manners stood
him in good stead, both in politics and in private life, and he left
many sincere mourners behind him. Notwithstanding his absorb-
ing occupations, he could always tind time for works of kindness
and charity. In a letter to an idle friend who had been remiss in
correspondence, he once said, " Of course you have no time. No one
ever has who has nothing to do.""!*

Considered merely as a member of society, however. Lord Syden-
ham was not so conspicuous that history is bound to take cognizance
of him. Neither was his career in the House of Commons, notwith-
standing his usefulness, of such a character as to bring him permanent
fame. " His fame," says his biographer, " must rest, not so much on

* See note on pp. 38, 39, ante. Other biographies and ana of the period amply corroborate
Mr. Greville's eHtiiiiate.

+ See Scrope's " Life of Sj'denhani," p. 305, note.

Exit Lord Sydenham.

150

what he did or said in Parliament as on wliat he did and proposed
to do out of it." * The crowning work of his life, and that which
renders his career specially interesting to Canadians, was his suc-
cessful inauguration of the Union. For this he is entitled to what-
ever credit attaches to the measure itself. The conception was due to
Lord Durham, the execution to Lord Sydenham. The latter enjoyed
an advantage which was denied to Lord Durham — he was steadfastly
ui)held by the Home Government. He had not Lord Durham's
fiery temper, and had no potent or bitter enemies to torture his life
out of him by attacks in the House of Lords and in the public prints.
He was moreover much more cool and calculating — more selfish, in a
word — than Lord Durham, and knew how to make the most of his
advantages. He seldom allowed personal pique to influence his public
relations. He was no fanciful visionary, with a lofty ideal con-
stantly l)ef()re him. He had ever an eye to the practical side of life,
and was umch more fi'ei[uently guiilcd by experience than by theory.
He was an able tactician and a shrewd inau of business, skilled in
finesse, and fond of exercising it. He had a largely-ileveloped
faculty for administration, and a perfect mastery over details. He
lived long enough to see the new constitutional system fairly .set
going, but not long enough to encounter the inevitable strain to
which sooner or later it was certain to be subjected. In this sense
it may be said that he was as fortunate in his death as in his life.
Had life and health been spared to him, and had lie remained in
Canada, some part of the struggle of which his successoi's were com-
j)elled to bear the brunt would doubtless have fallen upon his own
shoulders.f

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•See Scrope's "Life of Sydenham," p. 'My.i.

+ A very cajiable writer who acted as an occasional Canadian correspondent of the JVpw
York Hifdhl diiriii;,' the summer of 1S41 thus wrote of Lord Sydenh.am to th.at paper a few
weeks before the close of the session : — "He owes his success in Canada as much to the
absence of any leading men there as to anything else ; and I venture to predict he ha8

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The Last Forty Years.

It is hardly probable, however, that Lord Sydenham would in
any case have remained in Canada. At the end of August the
Melbourne Ministry were compelled to resign. Sir Robert Peel
succeeded to power, with Lord Stanley as Secretary of State for the
Colonies. The question upon which the deposed Ministry had fallen
was practically the oft-debated one of Free Trade versus Protection.
Protection ideas were for the time in the ascendant. Lord Syden-
ham's Parliamentary reputation had been made — when he was plain
Mr. Thomson — as the out-and-out advocate of Free Trade. The
colonial policy also underwent various modifications upon the acces-
sion to power of the new Administration. Lord Stanley's views on
the question of Responsible Government were by no means those
entertained by Lord Sydenham, and it is not likely that the latter
could have seen his way to continuing the administration of the
affairs of Canada, even if there had been a disposition to retain him
in his office. So that his death solved more problems than one.

Lord Sydenham has upon the whole been fairly judged, alike
by his contemporaries and by those who have come after him.
Miss Martiueau, who, though she was not personally acquainted
with him, had watched the later phases of his career with a good
deal of interest, and whose knowledge of men and things :n England
entitled her to speak with some authority, passes the ic 'lowing
judgment upon him : " He found his most favourable position when
he went to Canada; but he neither entertained nor inspired
political faith, nor drew towards himself any high respect or genial
admiration. Though his last scene of action was his greatest and
best, he was regarded, and is still, as one of the Whig failures — one
of the Ministers of a critical period who, while possessed of consider-

tact enough to stay ju«t sufficiently long for his reputation not to suffer. Time muft
consolidate and strengthen the elements of opposition to any Governor. Lord Sydenham,
even if his health permitted him to stay, would leave these to be encountered by a successor
at the proper [)eriod."

■]

iM,

Exit Lord Sydenham.

161

able talents and some good political qualities, have done more than
many worse iren to shake a nation's faith — if not in the principles
of politics, at least in those who are the most for^ ard in the profes-
sion of them. The professions of Whig Reformers while rehearsing
the death-knell of abuses, have but too often reminded us of Dr.
Johnson's knocking and summoning ghost;* the conclusion in both
cases being that ' nothing ensued.' What is due to Mr. C. Poulett
Thomson's memory is, that he should be regarded and remembered
as Lord Sydenham, who governed Canada for twO' years on the
introduction of Lord Durham ; and that, if too much self-regard
mingled — as his journal shows — with his inducements to the work,
he still bore in mind Lord Spencer's more generous suggestion,
that Canada offered ' the finest field of exertion for any one, as
affording the greatest power of doing the greatest good to one's
fellow-creatures.' "-f-

In compliance with Lord Sydenham's own expressed wish when
he found the cold hand of death stealing over him, his body found
a final resting-place in Canadian ground. He was interred in a
vault beneath the floor of tlie middle aisle of St. George's Church,
Kingston, on Friday, the 24th of the month. At the suggestion of
the local authorities, the day was observed with all the solemnity
due to "a time of mourning." All the shops and places of business
were closed, and, notwithstanding the vast concourse, and the length
of the procession, a funereal gloom reigned supreme. The flags of
all the vessels in the harbour drooped at half-mast. Prominent
citizens attended from various parts of the Province, as well as from
some of the towns on the opposite side of Lake Ontario, to pay a
last tribute of respect to the memory of the dead Governor. Eight

•The allusion is to the famous Cock Lane ^\M*t. See Croker's edition of Boswell's
■" Life of Johnson," Vol. IL, pp. 182, 18.S, noU.

t " History of England during the Thirty Years' Peace," by Harriet Martineau ; Book
5, Chapter XI I.

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The Last Forty Years.

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clergymen attended at the obsequies, ..ith the Venerable Archdeacon
of Kingston at their head. The service was a peculiarly impressive
oae. " Never in this country " — says a contemporary account — " did
the incomparably beautiful ritual of the Church of England for the
dead appear with more striking effect, or produce a more heartfelt
solemnity. The sacred edifice, with its galleries, pillars, pulpit,
reading-desk and altar hung round with the sable drapery of death ;
the choir and organ chanting the requiem over the departed ; ami
the church filled with people dressed in mourning, looking with
anxious gaze on the last resting-place of their recent Ruler ; these,
with the dignified appearance of the venerable minister, as he
stretched his hands over the grave, and solemnly pronounced those
simple but eloquent words which go direct to the heart of every
Christian — all these combined with the reflections upon the great
loss of him, who, not many weeks ago, in the full enjoyment of
intellect, had knelt in that building where now he lay a lifeless
corpse, must have maiie an impression which, even in after years,
will never be forgotten."*

And so Lord Sydenham slept his last sleep, three thousand miles
distant from his native land and the tombs of his ancestors. Yet a
few months, and Sir Charles Bagot reigned in his stead.

* Kingston corresiiondence of the Montreal Cfa.:e(te; Friday, September 24tli, 1841.

:^1

li I

Chapter VIIT.
THE CASE OF ALEXANDER McLE(JD.

"On — wildly onward — sped the craft,

As she swiftly neared the verge ;
And the <lemi)n f,'uards of tlie Ijlack gulf laughed,

And chanted a hellish dirge ;
And the booming waters roared anew
A wail for the dead and dying crew.

" As over the shelving rock.s she liroke,

And plunged in her turl)ulent grave,
The .-.lumbering genius of Freedom woke,

Bapti.sed in Niagara's wave,
And sounded her warning tocsin far,
From Atlantic's shore to the polar star."

— "The Destriction of the Cauomne;" a hysterical and very untruthful ballad
jniblished in the liochcstcv Democrat, a short time after the occurrence of the event
described.

PON the death of Lord Sydenham the task of administer-
ing the Government devolved upon Lieutenant-General
Sir Richard D. Jaeivson, Commander of the Forces in
Canada, and an old warrior of the Peninsula. He was
duly sworn in, and entered upon the discharge of his
functions. He had had no opportunity of becoming
acquainted with Lord Sydenham's views on questions of public
policy, and wisely resolved not to assume any more of the attri-
butes or powers of office than might be necessary for carrying
on the political machinery. It was confidently expected by the
members of the Government at Kingston that the recent change of
Ministry at home would produce some corresponding change in the

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r^e Last Forty Years.

colonial policy and arrangements, and no little anxiety was felt as
to who would be Lord Sydenham's successor.

That successor, as has been intimated, was Sir Charles Bagot ; but
before entering upon the events of his short Administration an
episode must be noticed which, taken in connection with other
serious causes of dispute, to be hereafter referred to, threatened, for
a time, to embroil two great nations in a bitter and desolating war.

Most Canadian readers are familiar with the principal facts
respecting the cutting-out and burning of the steamship Caro-
line. During the month of December, 1837, a number of the
Canadian rebels, with William Lyon Mackenzie at their head, and
a horde of American sympathizers under the command of an
adventurer named Rensselaer Van Rensselaer, took up their quarters
on Navy Island, situated in the Niagara River, nearly opposite Chip-
pewa, several miles above the most tremendous waterfall on the globe,
and within the boundary of Upper Canada. Here Mr. Mackenzie
hoisted the " Patriot " flag, organized a Provisional Government,
and, by way of burlesquing Sir Francis Bond Head, offered a
reward of five hundred pounds for the Lieutenant-Governor's
body. Entrenchments were thrown up, artillery and stores were
obtained from the United States arsenals at several of the frontier
towns, and fire was opened on the Canadian shore, where several
houses were pierced with balls. A horse on which a Canadian
citizen was riding was slain by one of the discharges, but the rider
himself escaped injury. Enlistments went on from day to day on
the American side of the river, and many of the citizens of the
United States openly espoused the insurgent cause, and lent every
assistance in their power to this miniature rebellion. There were
undoubted violations of international law on the part of many
Americana. Peaceable and unoft'ending Canadian farmers were fired
upon by a " rout of American rascaldom " encamped on Grand
Island, a little farther up the river. The local authorities of

TTf™

The Case of Alexander McLeod.

165

:iil

New York State showed a very strong disposition to wink at these
proceedings ; and there is no doubt that the sympathies of the
American people, ahnost to a man, were on the side of tlie rebels.
Volunteers were permitted upon the most flimsy pretexts to arm
themselves from the State military stores. One officer, whose duty it
was to prevent the State artillery from being removed, allowed
a cannon to be taken to Navy Island on being informed that
it was going to be used to shoot wild ducks.

Such a state of things was not to be quietly endured by the
Canadian authorities. Colonel (afterwards Sir Allan) MacNab,
Speaker of the Upper Canadian Assembly, after quenching the fires
of rebellion in the London District, hurried with his " Men of Gore"
to the Niagara frcmtier, where the militia, under the command of
Colonel Cameron, had already assembled in considerable force.
Colonel MacNab took the direction of affairs, and issued a re-
monstrance to the United States authorities, calling their attention
to the fact that succours and supplies were daily furnished to the
insurgents by American citizens, and that the movement, in fact, had
lai'gely assumed the form of a petty invasion of Canadian territory
by marauding Americans. His representations, however, for some
time produced no practical effect. The " army " of the " Provisional
Government" on Navy Island continued to be reinforced by
American volunteers, and supplies continued to be furnished from
Burtalo, Black Rock and Batavia. " General " Van Rensselaer spent
his few sober moments in delivering ruffianly harangues to the baser
sort of his fellow-countrymen, and in solicitations to them to " rally
round the cause of freedom and liberty." * A small steamboat, called

•Poor Robert (lourlay, who was then at Cleveland, Ohio, wrote to Van Rensselaer,
under date of January 17tli, 18.'J8, jJoiutinK out tlie fatuity of the *)/-(/ /«</»< (Jeneral'H course.
" Never," said Mr. Gourlay, "' was lialluuination inure lilindinj,' than yours. Ata moment
of profound peace, puttin;,' <m armour, and, led on by the little editor of a blackguard news-
paper, entering,' the lists of civil liroil, and erecting your standard on Navy Island, to defy
the armies of Britain I David before Goliath seemed little ; but God was with him. What
are you, in the limbo of vanity, with no stay but the devil ! "

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166

The Last Forty Years.

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the Caroline, belonging to one William Wells, a citizen of Buffalo, was
cut out of the ice at that place and taken down the river, where
it was employed for the purpose of conveying men and stores
between Navy Island and the eastern mainland. A number of
Americans gave a bond to the owner, indenmifying him against loss
in case of her capture. The collector of customs at the port, well
knowing the purpose to which the steamer was to be put, made
out and signed a license, and she was taken down the river
to Navy Island. On the afternoon of the 28th of the month
several Canadians saw the Caroline {jlying between the island and
Schlosser — a village on the American side of the river — conveying
munitions of war to the rebels, and acting as an easy and rapid
■medium of communication between them and the shore. They
lost no time in repairing to Chippewa and apprising Colonel
MacNab of the circumstance. The open employment of the
little vessel in broad day for such purposes nettled the gallant
Colonel, a gentleman who w^as not conspicuous for discretion at any
time. After a brief council of wai", it was determined that " the
piratical craft," as she was called, must be arrested in her mischievous
career. Sir Francis Head, the Lieutenant-Governor, having been
applied to by Colonel MacNab, is said to have given his consent
on the evening of the 2Sth to the capture or destruction of
the Carol me ;* and during the following night her capture and
destruction were effected. The expedition, the charge of which Avas
confided to Captain Drew, of the Royal Navy, consisted, at the
outset, of seven boats,"!* containing an aggregate of about sixty men,
armed with pistols, cutlasses and boarding-pikes. Few of the men
were aware of the precise nature of the service required of them,

* He at any rate expressed his unequivocal approval of the act after it had been done.
See his desjjatch of 30th December. See also "Tlie Emigrant," Chajiter X,

+ See "The Life and Times of William Lyon Mackenzie," by Charles Lindsay, Vol.
II., p. 14G, note.

The Case of Alexander McLeod.

167

nor were they in a temper to search too curiously into its nature.
They were in a superlatively loyal mood, ready and anxious to
take part in any desperate deed of derring-do. It was only neces-
sary for Captain Drew to signify that he required " a few fellows
with cutlasses, who would follow him to the devil," and the full
complement of men was obtained more rapidly than their names
could be enrolled. The achievement proved to be nothing veiy
desperate, after all, for they encountered no serious resisstance.
The expedition started from the mouth of the Chippewa River
about an hour before midnight of the 29th. One of the seven
boats grounded en route on a small island in the river. Another
was inadequately supplied with oars, and the crew being unable
to keep up with the others, were compelled to abandon the enter-
prise, and return to the Canadian shore. The number of boats
was thus reduced to five, in each of which were nine men, so
that the number of persons actually engaged in making the capture
was forty-five. The rowers pulled with a will, and the boats, which
kept pretty close together, were soon off Navy Island. It was then
perceived that the Caroline was moored at the wharf at Schlosser,
on the American side. The boats were accordingly pulled across the
stream, and were not discovered by those on board the steamer until
they were within fifteen or twenty yards of her. The crew of
the steamer consisted of ten persons, but there were twenty-
three others on board who had obtained permission to pass the
night there, upon the ground that the taverns were full. The
invading force reached the steamer about midnicrht. As the boats
neared the vessel's si'de the sentinel on deck gave the alarm, and
discharged a pistol or musket. There was however nothing
worthy of ])eing called a conflict. The crew and other occupants
of the steamer were unarmed, or nearly so, and were moreover
panic-stricken by being so summarily aroused from their slumbers
at dead of night. Captain Drew and his little band were in

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168

The Last Forty Years.

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possession in considerably less time than it takes to tell the story.
There was a good deal of noise, which was made up in part of the
clashing of swords and the discharge of firearms, and in part of
hallooing and profanity. An American sailor who attempted to
oppose the capture was cut down by Captain Drew, and a few others
were disabled. The doughty Captain also drove three men before
him from the steamer to the wharf, occasionally accelerating their
motions by prods from the point of his sword.* Lieutenant John
Elmsley then, by Captain Drew's orders, went ashore with several
men, ana out the steamer from her moorings. The doomed Caroline
was then towed out from the wharf by the five boats, set on fire, and
abandoned to the strength of the current. The craft was old and dry,
and the fire soon did its work, so that not much of it was left by the
time it made the fearful leap over Niagara Falls. The rebels on Navy
Island were treated to a magnificent spectacle of fireworks, of which
Mr. Mackenzie himself has left a brief account. " We observed," he
says, " about one o'clock A.M., a fire burning on the American side of
the river, in the direction of the small tavern and old storehouse,
commonly called Schlosser. Its volume gradually enlarged, and
many were our conjectures concerning it. At length the mass of
flame was distinctly perceived to move upon the waters, and approach
the rapids and the middle of the river above the falls. Swiftly and
beautifully it glided along, yet more rapid in its onward course as it
neared the fathomless gulf, into which it vanished in a moment,
amid the surrounding darkness. This was the ill-fated steamboat
Caroline." f
After abandoning the steamer to her doom, the crews of the boats

*See the evidence of Mr. (afterwavcU Culonel) Willi.im Smart Light, of Woodstock,
given on the trial of McLeod. Youug Light liiiiiself was not the least active member of
the expedition.

+ See Lindsey's "Life of Mackenzie," A'ol. II., pp. 144, 145. The captors intended to
tow the steamer across the river to tlie Canadian shore, but found the current too strong,
and were compelled to abandon her to its force.— /6., p. 150.

The Case of Alexander McLeod.

1G9«

pulled back to camp on the Canadian shore, not a little proud of
having so successfully accomplished the object of their expedition.
They were warmly congratulated by Colonel MacNab and their
brother officers, and were for a time the lions of the camp. Some
of them doubtless went to their graves years afterwards with the
conviction firmly rooted in their minds that their little adventure
on the night of that 29th of December, 1837, had been a patriotic
and chivalrous exploit. One of them — Lieutenant McCormick —
was wounded somewhat severely during the assault, and several
others received slight wounds which obtained for them honourable
mention in the official despatches.

In the skirmish — it did not deserve a more dignified name — an
American named Amos Durfee was slain. It was asserted by
some of the crew that several other persons had met their death by
fire or by drowning. No trustworthy evidence was ever offered to
substantiate the assertion, although it is possible enough that other
casualties may have occurred, as the occupants of the vessel at the
time of her capture were mostly strangers to each other and to the
neighbourhood, and belonged to a vagabond class of society, the
representatives of which are not easily traced. One death, however,
there undoubtedly was. When Wells, the owner of the Garolme,
escaped from the steamer to the shore, he saw Durfee's body lying
near the old storehouse mentioned in the above extract. He had
been shot through the head, and his brains were scattered around
near where he lay, so that it is not surprising to learn from a
Buffalo newspaper of the period that " the vital spark was extinct."

It is easy enough to say that the destruction of the Caroline was
an unwise and unnecessary act. That it was so is beyond dispute,
but the facility with which people become wise after the fact is
proverbial. The loyal irdiabitants of Upper Canada were stirred to
their inmost depths, not by the conduct of the rebels alone, but by
the active sympathy of many American citizens in the outbreak, and
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The Last Forty Years.

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by the apathy or supineness of the Stato authorities. It was a sore
trial of patience to discover that American ruffians were permitted to
appropriate public arms and stores to aid what was in reality an
invasion of Canadian territory. The gorge of the loyal Canadian
militia rose at this novel exhibition of international neutrality. Most
of them were old enough to remember, and many of them were old
enough to have taken part in, the troubles of 1812-'14. The Head
of the Upper Canadian Government was a man greatly wanting in
prudence and judgment, fond of producing startling and dramatic
effects. Colonel MacNab was full of patriotism and military ardour.
Add to all this that, according to the better opinion, the destruction
of the Caroline was legally justifiable — although Great Britain
eventually thought fit to apologize for the act* — and the whole
transaction seems natural enough. Colonel MacXab was knighti d
and feasted, and was a conspicuous man for the rest of his life. He
and Captain Drew received the thanks of the Upper Canadian
House of Assembly for their gallantry, accompanied in each case
by a costly sword ; and it was not till the public excitement had to
some degree cooled down, and till a demand for reparation had been
made on behalf of the United States, that the Canadian public
awoke to the fact that the destruction of the poor little steamer
had upon the whole been rather a foolish deed.-f-

At the time of the occurrence of this episode, and for several years
previously, a man named Alexander McLeod had been Deputy

)')

* See post, Chapter X.

+ Sir Francis Head, in " The Emigrant," Chapter X., says : "This act of cahn justice and
cool vengeance produced febrifugal results highly lieneficial. It struck terror into those
wlio, with hands and banners, were marching from all directions to invade us ; and by thus
inducing them to halt, the United States Government were not only obliged, l)ut were
enabled to exert themselves." No statement could be farther from the fact. Instead of
striking terror into the hearts of American sympathizers with the rebels, the destruction
of the Caroline roused a spirit of rage and aggression, and in many instances cuaverted
passive sympathizers into active participants in the invasion.

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Tlic Case of Alexander McLeod.

171

4'«

Sheriff of the Niagara District. He was of Scottish birth and
descent, and at this time was nearly forty-two years of age, having
been born on the 17th of January, 179G, at Carnoustie, in Forfar-
shire. He had been a soldier in his j'outh, and had attained the
rank of a serjeant in the Twelfth Royal Lancers. His emigration
from Scotland to Upper Canada took place in or about the year 1825.
He for some time kept a small store at Kingston, and afterwards
removed to Toronto, where he kept a grocery on what is now the
corner of Church and Front Streets. He afterwards obtained the
appointment of Deputy Sheriff already referred to, and in that
capacity it was almost inevitable that he should make a good many
enemies. He was known for a man of indomitable courage and iron
will, wh. ^ever hesitated to carry out an official duty merely because
it was a disagreeable one. He was a fervidly loyal subject, and
upon the breaking out of Mackenzie's rebellion he hurried over to
Toronto, and took part in the affair at Montgomery's tavern. After
the rout of the rebels he returned to his official duties, but upon
receiving intelligence of the encampment of Mackenzie and his
allies on Navy Island he repaired to the frontier, to give what
assistance he could to Colonel MacXab. On the evening of the
24th of December he wr.s at Buffalo, and received information as to
the proposed employment of the Caroline. He repaired to Chippewa
and informed Colonel MacNab of what he had heard. On the
afternoon of the 28th he accompanied Captain Drew on a recon-
noitring expedition in a small open boat, and, notwithstanding
that they were repeatedly fired upon by the rebels, they contrived
to approach near enough to Navy Island to observe the move-
ments of Mackenzie's adherents. They als^^ 'nerceived the Caroline
enofaged in the act of landing stores on Nav , sland from the main-
land. Upon their return they of course communicated to Colonel
MacNab all that they had observed ; and it was this information
which induced the Colonel to resolve to destroy "the pirate steamer."

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2'/ie Last Forty Yenrs.

McLeod, however, had no further connection with the event
at that time. He did not join the expedition on the night
of the 2i)th, which was passed by him at the neighbouring village
of Stamford; nor was he present wlicn the vessel was boarded
and captured. He certainly had nothing whatever to do with the
death of Duifee.

In due course a di'mand for reparation was made on the British
Government by I United States, for violation of the latter's
territory. A good deal of dii)lomatic correspondence ensued, which
for a long time came to nothing. Nearly three years passed by,
when, on the 12th of Novembei-, 1840, McLeod was arrested at
Lewiston, in the State of New York, for nnu'der and arson. The more
serious otic ".e charoed ajjainst him was the munler of Durfec. The
alleged arson consisted of the burning of the Caroline. Evidence
was oti'ered to show tliat McLeod had adnutted, and indeed boasted
of, having been engaged in the cutting-out expedition, and of having
l)eeii especially bloodthirsty on the occasion.* Notwithstanding

* Dojupsitioii of liCcinivnl Aii^oii, taken Xovciiiliur 12tli, 1840. Lived in Lookport.
Went til Ciiniulii in IS.'tC, and remained there luitil after the attack on the (Jarnliiw. Was
at Chippewa the day after the atfair, at the tavern, A nnnihor of jiersonn were present,
anions wlioni was iMeLeod. They wcMe disputing' anionic tiieniselves who had done most
in the attack. McLeod said "1 killed one d-d V'ankee, and tliere is iiislilnod ;" exhil)it-
inf,' !i horse-pistol, on the stock of which there was l)h)od. Ho had a sword at his side.
Witness had known ATcLeod six or ei,i,'lit months. Did not know any other jjcrson i)rosent
I at the time of Mclieod's assertion) exceiit the liar-keeiier. Uecame acipiainted with
jVrcLeod at Cliippewa. Does not recollect what the others said, hut they seeuiod to ai,'ree
that McLeod iiiul done most.

Deposition of Norman Baruuni, taken heforo Alderman Mall, at Rnlfalo, Decomher 31st,
18H7.— Dn the 2!ttli Deeendier was at the Hritish eneampmeiit at Chippewa. Tn the after-
noon the ('((roUne was seei; Koin^; from Sclilosser to Navy Island. There was nnieh
excitement amon^j the oHicers and troops. Some of the ollict»rs <letermincd to seize the
Ciivoliiic. An expedition was arran^'ed, under tile connnand of Cai)tain .Mosher. Heard
Colonel MacNal) say, that if tlie cavalry would let tlieir .swords and pistols go, he would be
answeralilc for their safe return. At nielli, twelve lioits set oil', lii^hts were seen on
hoard the Ciivoliuc, and it was known that slio was moored at Schhisser. Witness knows
that I'aptain Mosher, Holland McDonald, and Alexander McLeod were of the party.
licacons were litfhtod on the shore, to which the hoats pulled on their return. McLeod

I'he Case of Alexander McLcod.

173

much that has been written to the contraiy, it is tolerably certain
that McLcod never made any sncli boast. The only evidence of his
having; done so proceeded from persons whose enmity he had incur-
red throiii^h the discharge of his oHlcial duties. McLeod was not
one of the most moral or hipfh-minded of men, but he was no swash-
buckler, and was by no means <fiven to boasting about his aclueve-
monts. Neither was he addicted to vaunting his exploits at the
expense of truth. It would, moreover, have been the heiglit of
absurdity for him to lay claim to having been engaged in such an
expedition as that of the 2I)th of December, as the names of all
who took ])art in it were enrolled under the personal direction of
Colonel MacNab, and wei'e all well known on the following diiy.
The sim])le fact is that the prosecution of McLeod was instigated by
a republican mob, and there was no ditlieulty in procuring an}"
evidence which the exigencies of the case might recpiire. After a
long and vexatious jjreliminary examination, the (Jrand Jury of
Niagara County found a true bill against the prisoner, who was
connnitted to stand his trial, and was confined in Lockport gaol.

No sooner did these facts become known to Mr. If. S. Kox, British
Minister at Washington, th;iu he demanded the iuuuediate release of
the pri.soner. The iiritish Ministt'r avowed the destruction of the
Caroli lie as the public act of persons in Her Majesty's service, and
repx'esented that it could not therefore bo made the ground of legal
proceedings against the individuals concerned in it. Aft(U" this
avowal, it is clear that oven if McLeod had been concerned in the
destruction of the steauu'r, he could not be made personally respon-
sible for the act of his Government, any more than a soldier could
be tried and puTiished in a foreign country for obeying the orders

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lioiislcil tliiit liiH Hwiinl liad ilniiik tlic lilnoil of two. Coloiiol .MivcNiib knew ami a|>)iroved
of the expedition.

Many of tho details in the forejfoinij evidence iiro eortiiinly untrue, and liutlittUi wuight
should lie attached to any of thcni wlieii' tliey mu uncontirrnL'd liy other teHtiniony.

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The Last Forty Years.

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of his superior officer in time of war. The demand for McLeod's
release, however, was not acceded to. It was claimed on behalf
of the Government at Washington that the jurisdiction of the
several States composing the Union was within its appropriate sphere
perfectly independent of the Federal Government, and that the oftence
with which Mr^Leod was charged was committed within the territory
of the State of New York. There, it was said, he must take his triaL
To this Mr. Fox at onee replied, reiterating his former demand, and
adding that he had forwarded the official correspondence between
himself and Mr. Forsyth, the Secretary of State to the Republic, to
Her Majesty's Government in England. " I cannot but foresee," said
Mr. Fox, " the very grave and serious consequences that must ensue
if, besides the injury already inflicted upon Mr. McLeod of a vexa-
tious and unjust imprisonment, an}' further hai'm should be done to-
him in the progress of this extraordinary proceeding." Nothing
came of this remonstrance, and McLeod was still contined in gaol
at Lockport.

Early in March, 1841, Mr. Fox received explicit instructions to
the effect that the Home Government entirely approved of his
demand for McLeod's liberation, and directing him to renew it..
It was renewed accordingly, and in the following unmistakable
language : " Her Majesty's Government have had under considera-
tion the subject of the arrest and imprisonment of Alexander
McLeod, on a pretended charge of arson and murder, and I am
directed to make known to the Government of the United States
that the British Government entirely approved of the course pur-
sued by him. I am instructed to demand formally, and in the
name of the British Government, the immediate release of Alex-
ander McLeod, for the reason that the transaction was one of a
public character, planned and executed by persons duly authorized
by the Colonial Government to take such measures as might be
necessary for protecting the property and lives of Her Majesty's.

■ Ml

The Case of Alexander McLeod.

lO'

subjects, and being therefore an act of public duty, they i?nnot be
held responsible to the laws and tribunals of any foreign country."
The Federal Government of the United States reiterated the
former plea, to the effect that it had no power to interfere with
the jurisdiction of the State of New York. With the State of
New York, as such, it was manifestly impossible for the Imperial
Government to have any international relations. When the very
explicit terms of the demand are taken into consideration, and
when it is further borne in mind that there were also inter-
national disputes between the two countries on the subject of
the boundaries between British America and the United States, as
well as on other subjects of importance, it will not be wondered at
if war was regarded as a not improbable event on both sides of the
Atlantic. There seemed to be no disposition to recede on the part
of either the Governments or people of the two countries. In July
Term McLeod's counsel had him taken under a writ of Habeas
Corpus before the Supreme Ccnirt of the State of New York. It
was contended on his behalf, first : That he was absent, and did not
participate in the alleged offences ; and second : That if present and
acting, it was in the necessary defence or protection of his country
against a treasonable insurrection, of which Durfee was acting in aid
at the time. The Court declined to give effect to these contentions,
and discharged the writ. Judge Cowen, who pronounced this judg-
ment, did not thereby add to his judicial reputation, for, in the estima-
tion of nearly all the eminent United States lawyers of the time, to
say nothing of those of Great Britain, he was not only wrong in his
law, but absurd and self-contradictory in hi, r'^asoning.* McLeod,

* One of Juilge Cowen's dicta wiih, in effect, thnt without the actual concurrence of the
Congress of the United States or tlio Queen of KuKlaml, no hostile act ean lawfully be
(lone l)y a portion of tiie American or tlie Uritisli iicoplo. In a subHcquent part of liis
juilgiuent he clearly ropudiateil that doctrine. "If," nays an able American jurist, "by
the phraae actual concurreiife, in tliiH propoHition, in not meant that which it «eems to
mean, the proposition is a very sound and unassailable truism ; if otherwise it is a very

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The Last Forty Years.

however, was remanded to gaol to take his trial, and a spirit was
aroused in the public mind which boded serious consequences.
Lord Sydenham, who supposed that McLeod had really got himself
into all his trouble through boastfulness, was profoundly disgusted
with the a>spect of affairs. " If McLeod could be hanged," he v,'rote
to Lord Jolni Russell, on the 20th of January, 1841, " without its
committing us, I must say that it would not much signify, for he
richly deserves it for his folly, not to say wickedness. I believe
there is no doubt that he was not at the burning of the Caroline,
but he has been boasting eveiywhere that he was, and doing what
he could to get himself taken up. However, that cannot be, and if
the Yankees really hanged him, which a Lockport judge and jury
are pretty sure to do, it would be a case of war."*

bold absurdity. It would be worth while to a^.nst at General Gaines's reception at his
first visit to the Presidential mansion, if a party of Indians should come to beat up his
head-quarters at Memphis, an<l he should stack liis arms, and take steamboat to report at
Washington that he had no intimation of tlie nctiial concurrence of Congress in his adopt-
ing measures of defence. The concurrence of the sovereign is necessary, without doubt,
to constitute a lawful war, but it is a concurrence which, in a variety of circumstances,
must be jiresumed. It is to be presumed that the Queen of England and the Congress of
the United States mean that their frontier shall be defended whenever it is threatened,
and th"^ officers and soldiers who defend it may very safely rely on their actual concurrence
in the defence, and would be very imprudent to entertain any doubt about the matter.
According as Judge Cowen's words here are construed, his doctrine ia altogether imma-
terial to the purpose in hand, or else it is not only not true, but admits of, or rather is, a
reduei,k) ad absui'dum. If the actual concurrence of the sovereign in necessary hostilities
for the defence of his territory, (this doctrine, of course, is independent of the question
what hostile measures of defence may in any case be necessary,) if this is not to be under-
stood as expressed in a general conunission, or presumable, from the object of self-protec-
tion, incident to the organization of civil connnunitie^, tliero is small safety for the subject
except as he seeks it close by the capital ; — there is notliing to prevent our company on
the Aroostook from installing itself next week in Quebec ; the garrisim at Quebec will
point a cat^non against them at its peril." - North American Review, October, 1841.

* See Si.1 ope's " Life of Sydeidiam," p. 233, note. His Excellency had a very low opinion
of American life, whether social, political or judicial— a h)wer opinion, it is to be hoped,
than was really deserved. On the 2oth of July ho wrote : "My neighbour Jonathan is
getting too bad. McLeod's business ia a disgrace to any civilized country, but a jiretty
specimen of this land of liberty, where the pride of the people seems to be that they are
«ntitled to break, as well as make, laws for themselves." Eleven days later he wrote still

The Case of Alexander McLeod.

177

After repeated delays, motions, postponements and relegations,
McLeod was finally put upon his trial on the 4th of October, 184)1,
before the Circuit Court of the State of New York, at Utica. He
had then been in prison about eleven months. After a tedious trial
which lasted eight days he was pronounced by the jury to be not
guilty. Many persons who had taken part in the capture and
destruction of the Caroline — among them Colonel MacNab himself,
who had meanwhile become Sir Allan MacNab — went over from
Canada, and testified that the prisoner had had no part in the
expedition, and that he had not been present at the time when
Durfee must have been killed. Several other witnesses proved an
alibi on the part of the prisoner. The case for the prosecution was
not particularly well managed, and a good deal of testimony was
adduced on its behalf which bore perjury on the face of it. In
short, the jury could not possibly arrive at any other conclusion
than the one they did. Their verdict probably pr-^vented war.

After his discharge from custody, McLeod proceeded to Montreal,
where he was more or less lionized for a time. He subsequently
kept a grocery at Drummondville, near Niagara Falls. Within a
year after his enlargement he had occasion to visit Buffalo on busi-
ness matters. He was recognized and maltreated by ruffians on the
street, and narrowly escaped bodily injury. He made repeated
applications to the Imperial Government for compensation for tl'c
losses and indignities to which he had been subjected. His a])plica-
tions were supported by the authorities here, and were finally sue-

.11

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,iH-

more strongly. " McLeod will now take his trial, and liis conviction or acquittal will
depend altogether on the political opinions of the judge and jury. If they are Wiiigs he
will 1)6 acquitted ; if Loco-foco he will be found guilty. The merits of the case, or the
acknowledged fact that he was no more at the burning of the Caroline than I was, will
not weigh a feather in the scale, either way. Head Judge Cowan's [? ( Jowen's] judgment
on t!ie point of law I And the same thing exactly wotdd happen if the case were carried
either before the Senate of New York or the Supreme Court of the Unitetl States. What
a people — what a country !" — 76., i>. 237.

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The Last Forty Years.

cessful in obtaining for him a grant of £200 per annum, which ho
thenceforward continued to receive during the remainder of his life.
For some years before his death he resided in tho immediate neigh-
bourhood of Niagara Falls. He died of paralysis on the 27tb of
September, 1871. A pension of £100 per annum has been continued
to his widow, who still resides with the younger members of her
family in the house in which he died.

At the time A McLeod's discharge, Lord Sydenham had been
dead nearly a month, and many eyes were r(,nxiously turned across
the Atlantic to see what manner of personage was to be sent over
as his successor.

<Su

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Chapter IX.

SIR CHARLES BAGOT.

Boliw/broh. Call forth Bagot.

—King Richard II., Act IV., sc. 1.
Jaqucs. He hath been a courtier, he swears.

Touchstone. If any man doubt that, let him put me to my purgation.

—As You Like It, Act V., sc. 4,

HERE were no political events of much importance in
Canada between the death of Lord Sydenham and the
arrival of his successor. It was known before the close of
the year that the new Governor-General was to be the
Right Honourable Sir Charles Bagot, who had been ap-
pointed to that office on the 7th of October. Intelligence
of the birth of the Prince of Wales on the 9th of November reached
Canada soon afterwards, and the public seemed to take as lively an
interest in the one item of news as in the other. For a week or two,
iudeed, the news of the Governor's appointment may almost be said
to have been cast into the shade. The birth of an heir-apparent
to the British thi-one was too important an event to be lightly
passed over by the loyal population of Canada. Even the French
in the Lower Province thought it incumbent upon them to mark
the event by more or less enthusiastic demonstrations. Festivities
were held in Montreal and Quebec, as well as in many of the towns
and villages of the Upper Province. Then public attention began
to be directed to the personality of the new viceroy, who, it was
announced, had sailed from Falmouth for New York on the

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The Lmt Forty Years.

23rd of November, in the line-of -battle ship Illustrious, of seventy-
four guns.

Sir Charles Bagot was a member of an old aristocratic Stafford-
shire family, the head of which was in 1780 created first Baron
Bagot, of Bagot's Bromley, Stafford, in the peerage of Great Britain.*
Sir Charles was the second son of this staunch old Tory Baron. On
his mother's side he was descended from Viscount St. John, brother
and heir of the brilliant and dissolute Minister of Queen Anne,
declared by Pope to be the first writer, as well as the greatest man
of his age, but cha oerized by Dr. Johnson in much less flattering
terms.f Sir Charles had left school in early youth, owing to the
feebleness of his constitution, and had been bred to a diplomatic
career. He had inherited the political i)roclivities of his ancestors,
and had throughout his life been identified with the most pronounced
high-Toryism, His physical constitution being weakly, and his
intellect not above the average, his rise had not been rapid, though
his industry and ambition had enabled him to make his way surely
and steadily in the public service. In 1806 he became Under
Secretary of State for Foreign affairs. On the 22nd of July in the
same year he married Lady Mary Charlotte Anne Wellesley, eldest
daughter of William Lord Maryborough, late Earl of Mornington.
In 1814, when he was thirty-three years of age, he acquitted
himself creditably of a special mission to Paris. He was sub-
sequently a Minister Plenipotentiary to the United States, and

* A baronetcy had existed in the family for more than a century and a half, the chief
representative having been created by King Charles the First, in 1G27. An ancestor of Sir
Charles probably went over to England with the Conqueror, as the name is undoubtedly
Norman, and when Domesday Book was compiled a Bagot was in possession of the estate
of Bagot's Bromley.

+ " Sir, he was a scoundrel, and a coward : a scoimdrel for charging a blunderbuss
against religion and morality; a coward because he had not resolution to fire it off himself,
but left haif-a-crown to a beggarly Scotchman, to draw the trigger after his death." — See
Croker's edition of Boswell's "Life of Johnson," Vol. II., p. 15. The " beggarly Scotch-
man " alluded to was David Mallet.

Sir Charles Bagot.

181

again acquitted himself entir'^ly to the satisfaction of the Govern-
ment of the day. An embassy to the Russian Court, and another
to the Hague, were successively undertaken by him, and though
his discharge of his official duties on both occasions was such as
to gain for him additional respect, his health was completely
broken down by his labours, and he was compelled to retire
for a time from the diplomatic service. He was otiered several
lucrative and honourable a])pointments — one of them being the
Governor-Generalship of India — but was compelled to decline them
on the score of his continued feeble health. In 1834 he was suffi-
ciently recovered to undertake an important mission to the Court
of Austria, the objects of which he accomplished with credit to
himself and to the Government which he represented. In recog-
nition of his public services he was created Knight Grand Cross
of the Bath. During the tenure of office of Lord Melbourne's
Administration he does not seem to have been conspicuously before
the public in any capacity ; but upon Sir Robert Peel's accession to
power in 1841 he again came to the front. The important post of
Governor-General of Canada was offijred to him by the Colonial
Secretary, Lord Stanley. Being at that time in what, for him, was
considered a remarkably good state of health, he accepted the offer,
and, as has been seen, started for his destination in November. At
the date of his appointment he had just passed his sixtieth birthday,
and notwithstanding the fact that he had always been delicate, he
looked considerably younger than his years.

The Illustrious, with Sir Charles and his suite on board, was
delayed by heavy weather and contrary winds, and did not reach
the quarantine ground ott" New York until the last day but one of
the year. It was remarked at the time that she was the first line-
of-battle ship that had reached that port since the close of the
Revolutionary War. In consequence of the tempestuous weather
that pi-evailed, Sir Charles did not disembark until the afternoon

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The Last Forty Years.

of the day following his arrival. Mr. Jefferson Brick, or some
American journalist of his kidney, would seem to have been in full
force on the occasion, for a New York newspaper of the next day
contained minute accounts of the appearance and movements of the
" haughty aristocrat of an effete monarchy." The public were
informed that Sir Charles Bagot's retinue of servants was large
■enough to colonize one of the western territories, and that the
luggage of himself and his suite weighed exactly forty-two tons.
Two cumbrous-looking, awkwardly-made English carriages, it was
said, formed part of this rather formidable array of personal
belongings, and it was suggested that the vehicles had doubtless
been imported under the belief that such things were unprocur-
able on this side the Atlantic. The searching criticism of this
^'journalist of the period" did not prevent the suitable entertain-
ment of the distinguished visitor by some of the leading personages
of New York. Sir Charles proceeded to Canada by way of Boston
and Albany. He left New York on the -tth of January, and reached
Boston on the morning of the 5th. In the course of that day he
attended the session of the Massachusetts Legislature, and also
visited the Navy Yard. From the Boston Atlas of Friday, the 7th,
we learn that " On Wednesday evening (the 5th) Mr. Grattan* gave
a party at his house in Franklin Street to the Governor-General and
his suite, at which wore present his Excellency Governor Davis, his
Honour Lieutenant-Governor Hull, the President of the Senate, the
Mayor of the city, and other public functionaries and distinguished
citizens." He left Boston on the morning of the 6th, and proceeded
by way of Albany, Utica and Watertown, crossing the St. Lawrence
River at Cape Vincent. The citizens of the States of Massachusetts
and New York were very attentive to him all along the route, and
he did not reach Kingston until the afternoon of Monday, the 10th.

*The British Consul.

Sir Charles Bagot.

183

A very hospitable and flattering reception was accorded to him at
the Canadian capital. In compliance with his own request there
was no formal public reception, but the people of Kingston and the
country thereabouts turned out in great numbers, in sleighs and on
foot. The Kingston correspondent of the Montreal Gazette describes
the arrival at some length. The Governor-General is referred to as
a striking specimen of the fine old English gentleman, of about
middle stature, with a pleasing and rather handsome countenance,
and noble forehead. " His hair," said the writer, " is grpy, and he
is somewhat bald. He is, on the Avhole, a fine-looking man, and
well calculated to grace, by his presence, the Colonial Court of his
■Sovereign." *

On the day before his arrival an express had been despatched to
Toronto, to summon three of the judges of the Court of Queen's
Bench to Kingston, for the purpose of administering the oath of
ofiice to the Governor. Immediately upon receipt of the summons
Chief Justice Robinson and the two puisne judges — Jonas Jones and
Archibald Maclean — set off" on their journey. They reached their
destination on the night of Tuesday, the 11th, and at one o'clock in
the afternoon of the day following, his Excellency was duly sworn
into office at Government House. The conclusion of the ceremony
was announced by a salvo of artiller^^ and Sir Charles Bagot was,
de facto as well as de jure, Governor-General of British North
America. He forthwith proceeded to hold his first levee, when a
great number of persons availed themselves of the opportunity to
pay their respects. The road from the town to Alwington House
was thronged with slfeighs until the early winter nightfall, by which
time his Excellency had become personally acquainted, not only

* " Of course," adds this correspondent, at the end of his letter, " all is in the dark, as
yet, as to declaration, policy, instructions, etc. We have had plenty of rumours about
town for the last few days to the effect that the Seat of Government will '.)e removed from
this place ; but these rumours, many ' old heads ' think, are got up by intending purchasers
■to influence intending sellers."

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The Last Forty Years.

with all the principal officials, but with all the leading; inhabitants
of Kingston and its neighbourhood.* At the close of the levee an
address was presented to the Governor on behalf of the people of
Kingston, congratulating him upon his appointment, and expressive
of their trust and confidence in him. His Excellency briefly re-
sponded, and the day, officially speaking, was at an end. A pro-
clamation was issued, announcing the assumption of the Government
by his Excellency, and continuing "all and sing-.tlar Her Majesty's
Officers and Ministers in the said Province of Canada" in their
several offices. Sir Eichard Jackson, o;lad enough to be relieved of
the responsibility of office, surrendered his functions, and proceeded
to Montreal,

Sir Charles having all his life been an ultra Tory, many Canadian
])oliticians regarded it as probable that he would reverse much of
Lord Sydenham's policy, and adopt one of a much more Conservative
cast. The Reformers contemplated the proposed change with much
apprehension. The rump of the Family Compact, as was natural
enough, contemplated it with ill-concealed gratification. The mem-
bers of both parties reckoned without their host. Sir Charles Bagot,
old-fashioi.ed Tory as he was, had learned the trade of politics in a
constitutional school. The lessons of his past diplomatic career now
proved of incalculable service to him. Allusion has been made to his
mission to the Hague. That mission had involved intricate negoti-
ations having reference to the consolidation of the union between
the two little states of Holland and Belgium. Sir Charles had then
been brought face-to-face with various questions closely analogous
to those involved in the union of Upper and Lower Canada. The
analogy, indeed, extended so far as to be nearly complete. In each
case there was a difference of race, of religion, and of language. In

*"His Excellency looked remarkably well, and was dressed in a spleiulid uniform,
richly decorated with silver. He was surrounded by an unusually brilliant staflf." —
Kingston correspondent of the Montreal Gazette, January 12th, 1842.

Sir Charles Bagot.

185

each case there was an equahty of representation, combiiied with a
disproportionate population. In each case there was a large public
debt on the part of tlie less populous division, which was imposed
equally upon the solvent and more populous one. In each case a
powerful policeman stood at the threshold, ready to take advantage
of any complication which might justify his interference in the
domestic affairs ; ready, indeed, to take bodily possession upon any
plausible pretext. Such a state of things required a ct-oi and
prudent judgment on the part of the head of the household. Sir
Charles proved equal to the occasion. He was wise enough to learn
from the signal example of King William of Holland, and to avoid
falling into errors similar to tiiose which had been committed by
that monarch almost under his own eye.

Plis Belgic experiences had probably been the factor which had
weighed with Lord Stanley in determining to send him over to
Canada. At any rate. Sir Charles did credit to the Colonial
Secretary's choice. He manifested a wise discretion, and carefully
abstained from identifying himself with any party or clique. He felt
that he had been sent over to Canada to administer a constitutional
Government, and not to indulge his own political likings or predilec-
tions. Lord Stanley was no hard and fast friend to Responsible Gov-
ernment, but as Responsible Government had been expressly conceded
to the Canadians he — at all events for the time — showed a proper
respect for the acts of his predecessor, and issued his instructions to
the new Governor-General accordingly. Upon those instructions
Sir Charles Bagot uniformly acted throughout the term of his
Administration. Sti'on'g efforts were vainly made by the rival
parties to draw him this way or that. It was not possible to
extract from him even an expression of his individual preference.
Addresses were presented to him in which he was personally referred
to as a staunch member of " that great Conservative party now
entrusted with the Administration of the affairs of the British
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Empire." His Excellency, as a matter of course, i'oi)lied with his
characteristic blamliiess and courtesy to such tlatterin^f etlusions, but
resolutely declined to commit himsell:'. He even went the length of
calling on all Her Majesty's loyal subjects to lay aside their political
difterences, and to coiiperate with hini in a connuon effort to pro-
mote the internal prosperity and hai)piness of the Province, and to
strengthen the bonds which united it to the mother country.* He
worketl with praiseworthy assiduity, and devoted himself to study-
ing the Canadian (piestion in all its bearings. He liad much to
learn, for prior to his appointment his mind had been turned in
other directions, and had been little better than a blank as to
everything relating to l>ritish North America.

He dealt out even-handed justice to all parties. His appointments
to office were marked by such perfect impartiality that he seemed to
the Tories to be guided largely by caprice in his selections. But in
reality there was nothing of caprice about the matter. On the con-
trary, there wjxs nuich of prudent conscientiousness, and of desire to
govern according to the well-unilerstood wishes of the majority. By
this discreet method of procedure he soon inspired a large measure
jf popular confidence. Tlie conviction was forced upon the pultlic
mind that for the future the land was to be governed according to
the princij)les of domestic, and not of trans-Atlantic, policy.j- He
was especially com[)laisant to the French Canadians, who, he felt,
had had scant justice doled out to them by his predecessor, and
whose causi! was espoused by the advanced wing of the Reform
party in both Provinces. The only members of the conununity who,
as a class, openly resented this system of administration, were the

*Sl'u Ills KxcuUoncy's \\\\>\y to an address from tlio iiihahitaiits of JTaiiiiiton and its
vicinity, lU'i'st'iitinl at KiiiK'ston on tliu U7tii of Jmiiiaiy, J811, and puliiislmd in tlio nuws-
liapers of tiie pi'iiod.

fSeo "Soinn Iieniarlis upon Sir Cliarlos TJagot's Canadian (iovernnient," liy tlio llev.
Dr. (Mjj'ertoii) llyeisoii; Kiiii,'stoii, Isio.

iiir Char lea Bay at.

187

Tories, by some of whom the Governor was accused of having abetted
tlie rebellion ex post foi^lo.

Sir Charles had maile a very favourable impression upon the
p(M)[)le of thu United States du:in<jf his end»assy to Washington
some years before ; and Ins recent passage through their country
on his way to Canada had revived his name in the public mind.
The press of New York and Roston congratulated the Canadians
upon having a gentleman at tiie head of atl'airs who knew some-
thing of the working of American institutions, and who, though he
had been reared according to the straitest doctrines of high Tory-
ism, had suflieient breadth of mind to appreciate some of the features
of a republican form of government. The leading expoTient of culti-
vated ])ul)lic opinion in New England congratulated the jieople of
the United States upon the possession of a friendly neighbour.*
Other prominent periodicals contrasted Sir Charles Jiagot's de-
meanour towards the United States with that of Lord Sydenluim,
and the contrast was always made to appear very nnich to the
lattei's disfavour. Such things were indicative of the tone of public
opiruon across the border, and were not without imiwrtance, in view
of the current disjmtes between the States and Great Britain. Those
dis[)utes were kept prominently before the public mind by certain
injudicious acts on the part i/c American citizens. The McLeod
episode having come to an end, it might have been hoped that the
peace of two great nations would not again be endangertnl by any
repetition of such an absurdity. In the early spring of 1842, how-
ever, Mr. John Sheridan ilogan, an Irish Canadian journalist, and
a resident of Ilaudlton, was arrested at Rochester on a charge of

* " Tt is umttcr of HatiNfaclicin to every ^.jimhI citi/cii of ilin TTnitt'il Stiitt'H, that tliis
critical tnint [the (Joveriior-Oeiieral^liip of ('aiiaila| lias fallen into tlie liamls of one who
is reiiresentoil liy those who know him Itest to lie lioiioiu'alile, alilo and conciliatory ; com-
liininx i| "ticH of head and heart which Kt him to he not only a jjood (Joveinor, hnt, what
is full as important in the present asiiect of alfairs, ii giiod neij^lihoiir." — North American
Jterku) for January, 1842.

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having been concerned in the destruction of the Caroline and the
murder of Durfee. After an examination before a magistrate he
was set at liberty, and he forthwith returned to Canada. He soon
afterwards had occasion to pay another visit to Rochester, when he
was again arrested on the same charge. His second arrest was due
to the machinations of Doctor — or " General," as he styled himself
— Edward Alexander Theller, a mendacious Irish American who
had taken part with the insurgents in 1837 and '38, and had himself
been a prisoner in Canada.* After being subjected to a vexatious
delay, Mr. Hogan was again discharged from custody, and ho once
more returned to Canada, where a tragical fate awaited him.-f He
put in a claim for indemnity, but it was ignored, and the only com-
pensation he ever received for the indignities to which he had been
subjected was the notoriety which for a time attached to his name.
A few mouths later, McLeod himself, as narrated in the last chapter,
was subjected to contumely and ill-treatment on the streets of

* Theller was confined as a prisoner at IJuebec for some time. He made his escape —
probably through the connivance of one of his guards— and afterwards wrote a l)ook called
"Canada in 1837-38, showing the Causes of the attempted llevolution, and of its Failure,
together with the personal adventures of the author." It was published at I'hihulelphia
in two small 8vo volumes in 1841. As a narrative it is not deficient in interest, but as a
contribution to history it is utterly untrustworthy, the writer's mendacity and want of
judgment being constantly api)arent. As he had a good many acquainti'uces in Canada,
and as some curiosity may be felt as to his subsequent career, tlie following facts may be
not uninteresting. Some years after the publicati(m of his work on the Canadian
rebellion Dr. Theller removed to California, where he engaged in j<iurnalism, and
became Suijerintendent of Public Schools. He died at Hornitos, California, in IHo!).

t Sixteen years after his imprisonment at Rochester, Mr. Hogan (who had meanwliile
removed from Hamilton to Toronto, and become well known as a vigorous writer for the
press) was returned in the Reform interest to the old Canadian Assembly, as member for
the coiinty of Crey. His ability was uiuloul)ted, and iie made a more than average mark
in Parliament. One dark night in the montli of December, 1851), he was murdered liy a
gang of ruffians whom lie encountered on the bridge crossing the River Don, in the eastern
part of Toronto. His body was cast into the river, and no clue was obtained as to his
mysterious disap[)earance until the discovery of his remains, more than a year afterwards.
His Prize Essay on Canada was a well-knowu pamphlet in its day, ami received high
praise from the Canadian press.

Sir Charles Bagot.

189

Buffalo. Such occurrences as these did not tend to increase the
goodwill of the Canadian people to their neighbours; but the
cordial relations existing between the Governor-General and the
authorities at Washington doubtless had a perceptible influence
for good.

For some months, however, Sir Charles had quite enough to do
to familiarize himself with internal affairs. The strain which had
been inevitable ever since the Union now began to make itself felt.
The task before Sir Charles Bagot was of a very different nature
from that which his predecessor had assigned to himself, and was
one scarcely less difficult. Lord Sydenham had to introduce a new
constitution, but no sooner had he set it fairly in motion than the
sceptre dropped from his hands by death. It was his successor's
])art to keep up the motion, and this, under the circumstances, could
hardly be done without some friction.* Lord Sydenham's Adminis-
tration had been calculated to serve his Lordship's own immediate
purposes, and not to stand the whips and scorns of time.f It had

* "Lord Sydenham had a Constitution of Government to establish : Sir Oharles Bagot
had a system of Government to work. Lord Sydenham had two Provinces to unite : Sir
t 'luu'les Bagot liail two Provinces to cement. The former had an Administration to create :
the latter had an Administration to establish. Tiie one had to inspire the country with
hope and confidence : the other had to inspire it with charity and enterprise." — "Some
Remarks upon Sir Charles Bagot's Canadian Government," by the llev. Dr. Ryerson ;
Kingston, 1843.

+ " It was a good Cabinet for Lord'Sydenham, who was his own Prime Minister, and a
capital manager of colleagues ; but for a (Tovernor-General who wishes to play the easy
part of Representative of the Crown, and therefore to govern through responsible Minis-
ters, or for one who would govern in person, liut who possesses neither the Canadian
experience, nor the active, faggihg, managing qualities of Lord Sydenliam, tlio Executive
Council which Lord Sydenham left is a most defective instrument. Everybody is satisfied
that it cannot last six months in the state in which Lord Sydenham left it. Then why,
you may ask, not form another, as we should do in such a case at home, of men able to
command a majority in the Assemlily? Because, tlie answer is, there is not, in the first
place, any preponderating l)arty in the .Vsscinbly ; and, secondlj', the new Governor-
(J-eneral has come here an utter stranger to the country, and could not by himself find out
which was the preponderating party, if there were one. With some mending Lord
Sydenham's C!ouncil may perhaps enjoy, more than any other set uf men, the contidencu

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been his policy to break down — or at any rate to keej) down — every
darty but his own, and the consequence was that before he had been
many weeks in his grave there was no strongb- ponderating
party in the country. The Cabinet, as has been si , was composed
of heterogeneous materials, and wanted coherence. A similar
characteristic prevailed in the Assembly itself. The only approxi-
mately coherent party there was the French Canadian party ; and
their coherence was due to the simple fact that they tvere French
Canai^''"s. By themselves, they were a hopeless minority. Their
dream separate nationality had been dispelled. The Union

had beei- lorced upon them by Lord Sydenham. How then could
it be expected that they would not unite in condemnation of Lord
Sydenham's policy, and in distrust of his Ministry which had
survived him. That Ministry had contrived to command a safe
working majoiity all through the first session, but it was already
doubtful if it could hold together through the first half of a second.
There was, moreover, no good reason for the existence of a Cabinet
so dubiously constituted. It was certain that when the House
should next be called together there would be clamour from the
French Canadian members, and a demand that some of their own
nationality should be admitted to take part in directing the Councils
of the State. In this demand they would most certainly be seconded
by their allies, the advanced Reformers of Upper Canada, who had
gradually attracted to themselves additional support. Their leader,
Mr. Baldwin, was steadily rising in the public esteem, and would
doubtless make his presence sensibly felt upon the meeting of
Parliament. The Governor-General accepted the situation without

of the AsHembly ; but at this moment they would not have a majority ; and if they were
dismissed in a body tliere is not another .set of men wlio could get beyond a Hniall minority
of followers among the representatives of the people. Sir C. Bagot will have trouble
enough in mendinj; elfectually, without troubling himself to destroy and reconstruct." —
EnwAKD GiiiuoN Wakkfikli), in a letter dated 2(;th January, 1842, published in the
Colonial Gazette, London.

Sir Charles Bagot

191

a (jualm. He resolved to govern the country according to the letter
and tenor of his instructions. Whatever set of men should be
proved to have the support of a majority in the Assembly, that set
of men should be his Ministers ; and he was not to be moved from
this resolution by foolish diatribes against Radicals and ex-rebels.
If the country preferred to be governed by Radicals and ex-rebels,
so much the worse for the country (perhaps), but that was simply
none of his business. His business was to see that the constitutional
principle of governing by means of a Parliamentary majority was
carried out. Where the Parliamentary majority would be could not,
of course, be known to a certainty until the meeting of the Houses,
which were summoned for the Sth of September.

Meanwhile his Excellency devoted his energies to practical sub-
jects connected with the internal welfare of the country. He gave
directions for the immediate construction of various public works,
and spent much time in conference with Mr. Killaly, who had been
appointed President of the Board of Works a few months before.
He urged upon the President the immediate construction of good
roads, and showed more insight into the economic necessities of the
country than could have been expected from one whose life had
been chiefly passed in courts, and in the mazes of diplomacy. He
declared that in a country like Canada good roads should actually
precede settlement in all the best agricultiiral districts. Well-built
highways, he said, would pay for their construction in very few
years, besides opening up to the farmers a readily-accessible market
for their produce. During the spring he visited Toronto, where a
warm and even ostentatious Avelcome awaited him, and where, on
the 23rd of April, he laid the foundation-stone of King's College.
The following month he paid a visit to Montreal, in time to hold
an imposing levee on Her Majesty's birthday. His Excellency spent
several weeks in Montreal, during wdiich period he formed the
actj[uaintance of many leading French Canadians, as well as of all

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the most prominent members of the old British party not previously
known to him. He left for the east on the 22nd of June, and, after a
brief stay at Sorel, or William Henry, at the mouth of the Richelieu,
he proceeded by steamer down the St. Lawrence to Quebec. His
reception by the inhabitants of the old metropolis of Canada was
most enthusiastic. Addresses poured in upon him from numerous
bodies of French Canadians, in many of which warm testimony was
borne to the high sense entertained by the signatories and their
fellow-countrymen of his perfect impartiality and justice in the
distribution of official favours.

His Excellency remained at Quebec until early in August.
Towards the end of July he was joined by Lady Mary Bagot* and
his daughters, whom he had not seen for more than eight months, and
who had just arrived from England by way of Halifax. Before
proceeding westward her Ladyshii) held a Drawing-Room in the
old Parliament buildings. It was attended without distinction of
race or party, by representatives of nearly every prominent family in
Quebec. Her Excellency and her daughters won golden opinions
from all by their sweet and gracious affability, and by their evident
desire to establish kindly relations with the Canadian people.f
Equally pleasant was the impression made by her Ladyship at
Montreal and Kingston ; and at the present day there are venerable
old dowagers — they were fair young maidens forty years ago — who

•She is called simply " Lady Bapjot " in the Canadian newspapers of the day, but, as has
been seen (ante, p. 180) she was thu diuighter of an Earl, and as such she preserved her
own rank, and was entitled to be called " Lady Marii Bagot."

t " One general expression of congratulation is heard, that the Province has now at
the heail of society the Lady of the Govei-nor-General, accompanied by a family of
daughters, who cannot fail in giving a tone to the manners of her circle, whicli will shed
the most beneficial influence on the manners and morals of that numerous class who
l)orrow their examples from the great, and are prone to fashion their conduct on the
example set by their superiors in station, more especially of those who hold the first
position in the land." — Quebec Mevcuri/.

Sir Charles Bagot.

193

think arid speak of Lady Mary Bagot as the most queenly and
accomplished woman who has ever been seen in Canadian society
in their time.

On the 18th of July a proclamation was issued by authority,
summoning the Provincial Parliament to meet for the despatch of
public business on the 8th of September, Certain changes, to be
more particularly referred to in «, future chapter, had meanwhile
taken place in the composition of the Ministry, and still further
modifications had become inevitable. There were rumours, too,
that the seat of Government was to be changed, and that the
ensuing session would be the last held at Kingston. It was hinted
that the Governor intended to establish the Provincial capital at
Montreal. Others suggested that there would probably be alternate
sessions of Parliament at Toronto and Quebec. On this subject,
however, no one was likely to have any definite information until
the opening of the session. Before the day appointed for the
meeting of the Legislature, the public mind was for a time engrossed
by an event of considerable importance in Canadian history. On
the 9th of August the Ashbarton Treaty was concluded and signed
at Washington.

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Chapter X.
THE ASHBURTON TREATY.

"At this date, we look liack with bewilderment at the extraordinary series of nego-
tiations which ended in the establishment of the Maine boundary, — a result which
converted undoubted British territory into foreign soil, which alienated the allegiance of
thousands of British subjects, without their consent, and which made a direct connection
on our own soil, betweun Central Canada and the Atlantic, an impossibility. . . No
Canadian can reflect, without pain and humiliation, on the sacrifice of British interests
in the settlement that was made. . . The Imperial authorities recognize the lesson
taught by the Ashburton Treaty, in adopting the jjolicy of the federation of the British
American Provinces, and in acting on the principle that no Canadian interest shall here-
after be discussed in Imperial negotiations without the presence of a Dominion represen-
tative."— Sandforo Fleming, C.E. : The Intcrculonial ; a Historical Sketch, pp. 234, 235.

"If not immediately, at least in the not distant future, the historian of the American
Union, reviewing dispassionately its relations with this country, will do justice to the
moderation displayed by English diplomatists, though it has hitherto had no other effect
than to encourage pertinacity and to enlar^'e pretensions." — Weitmai^ter Review, January,
1862.

EFERENCE has more than once been made in these pages
to the disputes between Great Britain and the United
States. The Caroline imbroglio has already been dis-
cussed at sufficient length. The other causes of dispute
were various, and involved, inter alia, the right of Great
Britain to board and search American vessels which were
believed to be engaged in the slave-trade. As matter of fact, no such
right was claimed by Great Britain, nor would there have been any
legal justification for the claim. The right could exist only by the
rules of international law, or by the mutual agreement of the two
nations. With respect to the former, international law recognizes no

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such right ; and there was no compact between Great Britain and the
United States whereby any such privilege was conceded to either
party. By the Treaty of Ghent, however, which terminated the inva-
sion known to our history as the War of 1812, and wliich was exe-
■cuted on the 24th of December, 1814, the traffic in slaves was declared
to be irreconcilable with the principles of humanity and justice. It
was mutually agreed between Great Britain and the United States
that they would use their best endeavours to accomplish the aboli-
tion of the slave-trade. The Congress at Washington subsequently
imposed the penalties of piracy on any citizen of the republic who
might be caught engaging in it. But when Great Britain proposed
to enter into an arrangement with the States whereby representa-
tives of each of the contracting parties should have the right to
board and search merchant vessels sailing on the coast of Africa, and
fl}'ing the flag of the other, the Washington Government returned
■an elaborately-worded refusal. Great Britain had already made
treaties with the chief maritime states of Europe whereby the right
of search was mutually conceded, and her seamen were in the habit
of exercising it. This, of course, was not done upon the assumption
that " Britannia rules the waves," but in the interests of humanity,
and under the provisions of specific treaty. In some instances,
notwithstanding the absence of any such treaty with the United
States, the vessels of that nation were boarded and searched in like
manner, and sometimes with the happiest results to the cause of
humanity, for the boldest and cruelest slavers were fitted out from
New Orleans and Charleston. These vessels, be it understood, were
not boarded as American vessels, but as slave-traders. American
ships employed for legitimate purposes, and known or believed to
be so employed, were never interfered with. But it wtis an all but
universal practice for slavers to sail under United States colours,
and when the captain of a British man-of-war, cruising along the
African coast or the Mosquito shore, encountered a craft which he

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had good reason to believe to be engaged in the slave-trade, he \va*
not always deterred from boarding her by the mere fact that she
hoisted the stars and stripes. This the United States Government
would not tolerate.* Congress remonstrated ; Britain replied. It
was in vain that British diplomatists pointed out the anomaly that
the most notorious slaver might ply his infamous traffic with im-
punity by simply taking the precaution to keep a set of United
States flags in his cabin. Nay, as a matter of strict legal right, if
the captain of an English cruiser . found a slaver in flagrante
delicto, loading her carijo of human freight, he could not interfere,
provided the trafficker in flesh and blood ran up what was currently
known amon<^ sailors as "Jonathan's Gridiron" to his mast-head.
As may readily be conceived, such a state of things was fruitful in
grounds for quarrel. The diplomatic correspondence on the subject
would fit out a small library, but in the beginning of the year 1842
no satisfactory adjustment of the question had been arrived at.

The refusal of Great Britain to surrender American slaves who had
once gained a footinij on English soil was also a cause of oflence in
the eyes of the Government at Washington. No matter by what
means — stress of weather, accident, underground railway, or what
not — the slave contrived to " touch one dust of England's ground,"
the shackles fell from his limbs, and he was a slave no longer, but a
man. He was a man, clothed with certain rights and responsibilities
as a member of society, and there was no power on earth that could
infringe the majesty of his manhood with impunity. And for such
a purpose any British colony, or the deck of any British ship, no-

*"In the interests of humanity we, at great cost, keep up a cruisin;,' squadron on the
coast of Africa. ... A suspicious vessel heaves in sight ; the captain of a British
man-of-war believes that she is a slaver. She hoists the American colours ; but any pirate
may do this ; and in order to ascertain her genuine character she is boarded ; and when it
is discovered that she really is an American ship, she is instantly allowed to proceed on
her way. But the United States Government would not allow tins, Their flag is sacred,
and covers the ship and all that it contains. They would permit no visitation except at our
own peril*; and if we persisted they would go to war. "— Quarterly Review, Vol. CXI. , p. 2G2..

The Ashhurton Treaty.

197

matter where situated, was English ground. Of course, if the slave
had committed murder or felony — otherwise than in winning his
way to freedom — there was a more or less righteous claim for his
surrender ; but if ho was surrendered it was not as a slave but as a
criminal — as an offender against the law of nature, and a funitive
from justice. There had been many remonstrances from Washington
on this subject in past times, but they had almost ceased before the
year 1842, for this was the one and only question on which the
British mind had long been fully made up. England would not
even condescend to discuss the question. On that rock slie took her
stand, and there was no power in diplomacy potent enough to shift
her from hei- position. This fact had come to be pretty generally
recognized by the American people. " It is idle," said an American
writer, in 1S41, " to imagine that England will ever be brought so
much as to entertain a question upon that p' 'int. Her determination
that whoever sets foot upon her soil shall be free, is without doubt
irrevocable, and beyond the power of any coercion to shake it."* In
this respect j\Iassachusetts, Ohio, and other free States of the Union
emulated, so far as they were able, England's noble example ; but
under the Federal Constitution they were bound to surrender
fiujitive slaves.

There was, moreover, no satisfactory arrangement between Great
Britain and the United States as to the mutual extradition of
criminals. By Jay's Treaty, signed in London on the 19th of
November, 1794, provision had been made for the surrender of
murderers and forgers, but it had been stipulated that the article
containing the proviso should remain in force only twelve years — a
term which had long since expired. With regard to all the other
crimes in the calendar no provision for extradition had ever been
made, a circumstance fraught with great inconvenience and injury to

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* North American Review, October, 1841.

198

The Last Forty Years.

the cause of justice in the case of the States and Canada, lying
side by side, and having an ahnost interminable frontier.

But the crowning apple of discord was the boundary question.
There had for many years been a conflict of opinion between
English and American diplomatist., as to the true location of the
boundary-line between New Brunswick and the State of Maine.
By the Treaty of Peace, ratified at Paris on the 3rd of September,
1783, this line had not been defined with suflftcient accuracy,
and its precise whereabouts had thus been left an open question.
It was provided that the frontier should begin " from the north-
west angle of Nova Scotia, viz., that angle which is formed by a line
drawn due north from the source of St. Croix River to the highlands ;
aloug the said highlands which divide those rivers that empty them-
selves into the St. Lawrence from those which fall into the Atlantic
Ocean to the northwesternmost head of Connecticut River ; thence
down along the middle of that river to the forty-fifth degree of
north latitude," etc., etc. This my terious clause — mysterious to
future generations of American politicians, who only wished to under-
stand it in one way ; though it was doubtless intelligible enough to
its framers — this mysterious clause, we repeat, proved well-nigh as
prolific of argumentative disjiute as erstwhile did the famous Statute
of Frauds. What was meant by the rivers "which fall into the
Atlantic Ocean ? " Was the application restricted to those streams
which flowed directly into the ocean, or were the northern tributaries
to be included ? Especially, were the northern tributaries of the
St. John included in the designation ? Where was the northwest
angle of Nova Scotia ? Nay, where was the St. Croix River ? For,
strange as the assertion may seem, the geography of that region was
so little known in 1783 that almost as soon as the ink was dry upon
the Treaty, a dispute arose as to which of three rivers was intended
to be designated by that name. It was not till Jay's Treaty was
signed eleven years afterwards that the spot indicated by the words

Tlie Aahhurton Treat >j.

" the source of the St. Croix River " was definitely ascertained^
whereupon a monument was erected to mark the place for the
enlightenment of future generations.

But these were not the only anomalies. It was even doubtful
what precise locality was meant by " the northwesternmost head of
Connecticut River." Again, was the boundary-line to be drawn
north of the upper bend of the St. John River, or south ? New
Brunswick, which became a separate Province in ITSI, the year
following that in which the Treaty of Peace was made, contended
for the latter construction. Maine took the opposite view, and was
backed in her contention by the entire diplomatic ability of the
republic. By the Treaty of Ghent an attempt was made to adjust
the dispute by the appointment of Commissioners to make a map
and agree upon a boundary. The attempt eru'ed in confusion worse
confounded. The Commissioners were compelled to relinquish the
task as hopeless, neither side being willing to give up its convictions
to the other. And there, for a time, the matter rested. Meanwhile
the absence of any clearly-defined boundary gave rise to periodical
quarrels, and even to skirmishes, between the inhabitants along the
frontier. In 1818, 182G, and 1827, there were further vain attempts
at adjustment. There was also an attempt at arbitration, which
signally failed. When the Commissioners under the Treaty of
Ghent had found themselves unable to arrive at any decision they
had, under the authority of a clause in the Treaty, refei'red the
matter to the King of the Netherlands. His Majesty accepted the
reference, and went into the question with praiseworthy industry,,
and an honest desire to do justice in the premises. Representatives
of each of the contending parties repaired to the Hague, and pre-
sented their respective views, supported by a formidable array of
maps and documents. All to no purpose. On the 10th of January,
1831, His Majesty of the Netherlands delivered what he was pleased
to call his award. The document was a conclusive proof of his
inability to grapple with the complicated questions involved. His.

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200

TJie Last Forty Years.

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Majesty pronounced judgment on only two out of the three points
submitted to him, and as to the tliird declared that there was no
evidence to guide him to a decision. He however endeavoured to
adjust the matter by proposing a new boundary-line which had not
been suggested by either of the parties, and which was a mere con-
ventional compromise. Great Britain professed her willingness to
acquiesce, but the Legislature of the State of Maine, as well as the
Senate of the United States, declined the proi)Osal, and the question
seemed to be no nearer to a settlement than before.

There the matter rested for more than two years. In 1S33,
while Lord Palmerston held the office of Secretary of State for
Foreign Affairs in Earl Grey's Government, a proposition for a
settlement was submitted on the part of General Jacksou, Presi-
dent of the United States. The proposition seems to have been
liberal enough — so liberal, indeed, that it was in after years
denounced by an able American statesman — Albert Gallatin —
on the ground that it coneoded altogether too much to Great
Britain. "Why the proposal was made, and why it was not
accepted," wrote Mr. Gallatiu, " cannot be otherwise accounted for,
so far at least as rogartls the offer, than by a coni[)lete ignorance of
the whole subject."* Lord Palmerston, however, thought proper to
reject the proposal, and matters along the frontier went on from bad
to worse. Innumerable diplomatic communications passed to and
fro between the two Governments, but any satisfactory adjustment
seemed as far off &a ever. The people along the frontier on both
sides began to lose patience, and to assume a warlike attitude. The
situation grew more and more unpromising from month to month.
In 1842 matters had arrived at such a pass that a settlement could
no longer be delayed, if war was to bo avoided.

* "That the proposal fell to the ground must he attributed entirely to the fact that the
Imperial Government declined to concur in it, tiidess cninhered with conditions which a
President of t^f United States had no power to accept.'' — The Intercolonial, l>y Saudford
Fleming, p. 35.

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KAKAHKKAH TALLS.

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The Ashhurton Treaty.

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The northwestern boundary was another fruitful source of dis-
pute. It attracted less attention than the question respecting the
boundary to the northeast, because it had reference to a remote
and sparsely-populated region ; but the settlements were spreading
overland with marvellous celerity, and it was apparent enough that
the day of reckoning could not much longer be deferred. All the
circumstances being considered, it was not without reason that
Canadians, during the first year of the Union, regarded another
war with the United States as a not improbable event. In these
more modern days of Geneva Arbitrations and Fishery Awards, it
seems astonishing that such sources of dispute should have for so
many years imperilled the good understanding between the two
great English-speaking nations of the world. But the simple fact
was that War was at their very doors, and needed only a little hot-
headed imprudence on the part of the statesmen of both countries
to force her over the threshold.*

In the month of February, 1842, Lord Ashburton was sent out to
the United States by Sir Robert Peel's Government as a Special
Commissioner, to make one more attempt to settle the various
questions in dispute. Lord Ashburton was in some respects well
fitted to undertake such a negotiation. He was intimately asso-
ciated with the United States by commercial and family relations.
His connection with the great mercantile and banking house of the
Barings, which had long had large dealings on this side of the
Atlantic, had rendered it necessary that he should devote much
attention to American affairs. In comparatively early life he had

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* "What is to come of it all? Who can tell? But it does seem as if matters could
hardly stand as they are, and that something must come soon. It will be strange
undoubtedly, if, in this reasonable nineteenth century, two such nations as Great Britain
and the United States shall not be able to see the right as to the questions between them,
and be willing to render mutual justice, instead of going to work to harm themselves,
while they distress each other, and break the peace of the world." — North American
Rcvieiv ; October, 1841.
14

202

The Last Forty Years.

spent some time in the States, had married a lady of Philadelphia,
and had written a pamphlet on the subject of international re-
lations between the United States and Great Britain. He was
personally acquainted with many of the leading persons of the
republic, and had devoted much time to the study of American
political and social questions. He had even a certain amount of
theoretical sympathy with republican institutions — i.e., he considered
them to be, on the whole, very well suited to the United States.
He was personally a man of honour and fairmindedness. But
there his fitness for his mission ceased. He had had little or no
experience in conducting diplomatic negotiations. He was far too
complaisant and yielding ; too ready to make any man a present of
his opinions ; too ready to surrender those opinions for the sake of
amity and good-fellowship, even when he knew that he was in the
right. He lacked an element which is necessary to the success of
nearly all complicated diplomacy, and which was peculiarly essential
in carrying on an international negotiation with Daniel Webster —
namely, downright physical force. Mr. Webster was then Secretary
of State, and to him was officially entrusted the task of conducting
the negotiation on behalf of the United States Government. His
leonine face and figure were an index of his mental constitution.
" Faculty " was a quality whereof " the Thunderer of the Senate "
possessed a larger share than any American of his time, or probably
of any other time. Whenever he bent his powerful mind to the
elucidation of any knotty problem in law or politics, it was felt by
all parties concerned that there was indeed a Daniel come to
judgment. His sonorous, deep-mouthed voice, large presence, and
earnest manner, were formidable adjuncts to such rare mental
endowments, and Metternich or Talleyrand would have found full
employment for all their subtlety if called upon to conduct a negotia-
tion against him.

Lord Ashburton spent some time in the United States before

' ■

The Ashburton Treaty.

203

entering upon the active duties of his mission. The negotiations
were not formally commenced until the 17th of June. They ex-
tended over nearly two months, and were productive of a definite
result. The Ashburton Treaty, as it is generally called,* was
concluded and signed on the 9th of August.

By the terms of the Treaty seven-twelfths of the territory in
dispute between New Brunswick and Maine, including that portion
of the French settlement of Madawaska lying south of the St.
John, were ceded to the United States. The remaining five-
twelfths, including certain heights commanding the St. Lawrence,
fell to the share of Great Britain. The boundary, as then settled,
was a purely arbitrary one. It was stipulated that, beginning at
the monument already referred to as having been set up at the source
of the St. Croix, the line should run thence north to the middle of
the river St. John ; thence up the middle of the main channel of
the stream to the mouth of the St. Francis, and along the middle of
the St. Francis and of the lakes through which it flows to the outlet
of Lake Pohenagamook ; thence southwesterly to the Metjarmette
portage, between the head waters of the Penobscot and Chaudifere
rivers ; and thence along the crest of the highlands to the Connec-
ticut.i" This arrangement was a compromise, whereby each of the
contracting parties professedly yielded something to the other. It
must be owned, however, that the compromise bore a striking
resemblance to the immortal Irishman's reciprocity, which was all
on one side. True, Mr. Webster accepted about five thousand square

• Lord Palmeraton subsequently stigmatized it by the name of " the Ashburton Capitu-
lation." The treaty was not a masterly stroke of diplomacy on the part of Lord
Ashburton, but any reflections upon it came with a singularly bad grace from the states-
man who had had such a chance as came to Lord Palmerston in 1833, and who had
let it slip.

tThe foregoing description of the boundary is not a literal transcript from the Ashbur-
ton Treaty, but it gives in few words as much information on the subject as the general
reader requires.

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204

The Last Forty Years,

miles less of territory than was claimed on behalf of the people
of Maine, but the relinquished tract was largely composed of a
sterile waste. Lord Ashburton, on his side, gave up a territory
nearly equal to the combined areas of the two States of Mas-
sachusetts and Connecticut. The greater part of the territory so
surrendered is fertile, well-timbered, and favourable, not only to
settlement and cultivation, but likewise to the construction of
railways.* It included the valley of the Aroostook, which the
loggers of Maine ha/e since turned to such profitable account.
The navigation of the river St. John was declared to be free and
open to both the contracting parties.

A long stretch of the northwestern boundary was also settled by
the Ashburton Treaty. The line westward from the Lake of the
Woods to the Rocky Mountains had previously been fixed upon, but
that from the Lako of the Woods eastward to Lake Superior, and
thence through the lakes and rivers to the Neebish Channel, was
still more or less open to controversy. Here again the wide-awake

* Captain Yule had already made a survey through the ceded territory for a trunk line
of railway, to connect Quebec with St. Andrews, on Passamaquoddy Bay, New Brunswick.
By that route, as it might, and probably would, but for the cession of the territory by the
Ashburton Treaty, have been deflected, Montreal would have been brought within 380
miles of St. Andrews, 415 miles of St. John, and 650 miles of Halifax. The distance from
Quebec to St. Andrews ' ' need not have exceeded 250 miles ; 67 miles less than to Port-
land. Fredericton, the seat of local government, would have been on the main line to
Halifax, and distant from Montreal about 370 miles ; and these lines, moreover, would
have been wholly within the limits of the Dominion, had the international boundary been
traced according to the true spirit and intent of the Treaty of 1783. The distance between
Montreal and Halifax might thus have been lessened nearly 200 miles. St. Andrews
would have taken the place of Portland as the winter terminus of the Grand Trunk Rail-
way, and would have commanded, together with St. John, a traffic now cut off from both
places, and centred at a foreign port. The direct route would have brought the Springhill
coal fields of Nova Scotia some 200 miles nearer to Montreal than by the present line of
the Intercolonial, and would have rendered it possible to transport coal by rail at a
comparatively moderate cost." — See The Intercolonial, by Sandford Fleming, pp. 39, 78.
How much nearer the Atlantic would have been to the Pacific if our rights had been
preserved in 1842, and, by consequence, how much shorter the route and how much less
the cost of constructing the Canada Pacific Railway would have been, are matters not
impossible to calculate with some approach to accuracy.

The Ashburton Treaty.

205

Daniel Webster proved too good a geographer for the British Com-
missioner. About four millions of acres to the west of Lake
Superior, being a tract which had always been claimed by Great
Britain, went to satisfy the thrifty appetite of the republic. So
also did some large and valuable islands, including Isle Royale, in
the northern reaches of Lake Superior, and George's or Sugar Island,
in St. Mary's Strait.

The boundary to the west of the Rocky Mountains was not de-
fined, but was left open to become a source of further wrangling and
negotiation several years later. By the eighth and ninth articles of
the Treaty provision was made for the suppression of the slave-trade.
It was stipulated that each of the contracting parties should prepare,
equip and maintain on the African coast a naval force of vessels
carrying not fewer than eighty guns, " to enforce, separately and
respectively, the laws, rights and obligations of each of the two coun-
tries for the suppression of the slave-trade." The question respeciing
right of search was presumed to be tacitly waived by Great Britain
during the currency of the Treaty, and has not since been raised
by her. The tenth article provided for the extradition of criminals,
the offences for which extradition might legally be demanded, how-
ever, being much more circumscribed than the geographical situation
of the two countries I'enders desirable. The crimes enumerated were
murder, assault with intent to commit murder, piracy, arson, robbery,
forgery, and the utterance of forged paper. The arrangement did
not, of course, include either fugitive slaves or political offenders.
It was agreed that the article referrinor to extradition should continue
in force until one or the other of the parties should signify a wish to
terminate it, and no longer.* The twelfth and last article stipu-

* The tenth article of the Treaty continued to be acted upon without interruption until
the summer of the year 1870, when, owing to a difference of opinion between the two
Governments, its operation was temporarily suspended. The facts with reference to this
matter will be given in their proper plane. Before the close of the year the British
Government receded from the position they had taken, and the operation of the tenth

206

The Last Forty Years.

lated that the Treaty should be ratified in London within six months.
With respect to the affair of the Caroline, which was not referred to
in the Treaty, but which formed the subject of prolonged discussion
and a voluminous correspondence, Lord Ashburton persisted in the
declaration previously made on behalf of the Bruish Government,
that the invasion of United States territory on that occasion had
been a necessity, owing to the inaction of the State authorities. An
acknowledgment of the sacredness of the neutral rights of the people
of the United States was however made by his Lordship on the part
of Great Britain, and regret was at the same time expressed that
any invasion of United States territory on the part of Bxitish
subjects should have become necessary. This, in plain English,
amounted to an apology, and as such it was regarded by all paities
concerned. Thereupon the United States waived all claims for
reparation, and the Caroline imbroglio was at an end.

Such, then, are the most important subjects determined by the
Ashburton Treaty. Lord Ashburton himself won great and wide
popularity during his sojourn in the republic. The press from one
end of the land to the other lavished the most generous laudation
upon him.* His Lordship, after his return home, received the
thanks of the British Parliament, as well as the congratulations of
several representatives of foreign States who were then resident in
London.

article was restored. For an exposition of the present state of the law of extradition as
betv^een Canada and the United States, see In re Williams, 7 Ontario Prac. Reports,
p. '275. See also, Regina vs. Browne. ; 31 U. C. C. V. Reports, p. 484.

* The following, from the New York Commercial Adrertuer, is a fair sample of Jiow he
was treated by the press of the United St.ates ; — " He, too, the distinguished stranger, the
Ambassador Extraordinary, who came among us on a mission of peace ; an Knglishman,
indeed, to tiio lieart's core, yet one who cherished strong attachments to this Republic. A
few montlis of diligent and uTiremitted attention to his duties have accomplished the
object of that mission ; and Lord Ashl)urton has the highest satisfaction of uniting in
cordial pressure the hands of the motluT and tlie daughter. Distinguished stranger, :hou
art welcome here ; may the iilessing promised to the peacemaker rest upon thee." The
blessing would probably have been less devoutly invoked if his Lordsliip had known and
firmly insisted upon the undoubted rights of the nation which he represented.

The Ashhurton Treaty.

207

In England, and in British Ar • rica, the Treaty was subjected
to a good deal of hostile criticism from the time when its pro-
visions became known to the public. That Lord Palmerston
should find fault with it was not so much to be wondered at;
though, considering the opportunity he had thrown away of making
a more equitable settlement, prudence, to say nothing of good taste,
ought to have dictated forbearance on his part. But the Liberal
press generally condemned the Treaty, and declared that Great
Britain, and above all Canada, had been shamefully abused in the
transaction. Erelong certain facts came to light which did not tend
to reconcile the nation to the one-sided bargain. It came out that
there had been a suppressio veri, and even a sugr/estio fdhi, on
the part of the American negotiator. Not only had the British
contention respecting the northeast boundary been perfectly just
and right, but Mr. Webster and some of his compatriots had all
along known, or at any rate had had strong reason for believing it
to be so. In spite of this knowledge they had refused justice.
They had suppressed the facts, and had put forward documents
which it is scared}' an abuse of language to call spurious. They
had persistently contended for the wrong, and when they had
finally triumphed through their adversary's weakness, and from his
want of the very information which they possessed, they slyly con-
gratulated each other on the success of their " deal." The Morning
Chronicle denounced this line of procedure in no studied terms, and
characterized it as " a sharp Yankee trick." The present writer is
not disposed to call the characterization in question. Moreover,
there is a point at which a sharp Yankee trick, when played off on
the part of a great and powerful nation, and by a statesman of
Daniel Webster's intellectual calibre, begins to assume very much
the apj^earance of petty larceny.

The facts may be briefly stated. In the month of February, 1842
— several months before the commencement of the negotiations for

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208

The Last Forty Years.

the Ashburton Treaty — Mr. Jared Sparks, the American historian
and biographer, who was then on a visit to Paris, made an important
discove^-y. While ransacking the Archives des Affaires Etranghres
for historical materials, he came upon an original letter of Benjamin
Franklin, written to the Count de Vergennes, on the Gth of Decem-
ber, 1782, six days after the preliminaries of peace had been signed
by the representatives of Great Britain and the United States.
Mr. Franklin, it must be borne in mind, was at that date Minister
Plenipotentiary from the American Congress to the French Court.
He had from the first represented the United States during the
negotiation of the Treaty of Peace with Great Britain. No man, there-
fore, was more likely than he to know what were the precise terms of
settlement. His letter to the Count de Vergennes was written in
reply to a letter sent by the Count to himself on the previous day.
The Count's letter had enclosed a map of North America with a
request that Mr. Franklin would mark upon it the boundary-line
of the United States, as just settled. This map was returned by Mr.
Franklin with the observation that he had complied with the Count's
request by marking the boundary with a strong red line.* The letter
containing this observation was the one found by Mr. Sparks, who,
being familiar with the precise character of the controversy which
had long been in progress as to the boundary between Maine and New
Brunswick, at once perceived the importance of discovering this map
marked by Mr. Franklin's own hand. He proceeded to explore the
American division in the geographical department of the archives,
and, after a diligent search, found a map of North America by

' The folio .ng is the text of the letter :
" Sir !

" PA88Y, December Oth, 17 fit

" I have the honour of returning herewith the map your Excellency sent me yes-
terday, have marked with a stronij red lino, according to yo(n' desire, the limits of the
United States, as settled in the ])reliminaries between tlie liritinh and A-nerican plenipo-

tentitw'ies.

" With great respect, I am, etc.,

"B. Franklin."

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The Ashburton Treaty.

209

D'Anville, dated 1746, in size about eighteen inches square, and
having a strong red line drawn along the boundary of the United
States. It tallied exactly with the description in Mr. Franklin's
letter. " The line," wrote Mr. Sparks,* " is bold and distinct in
every part, made with red ink, and apparently drawn with a
hair pencil, or a pen with a blunt point. There is no other colour-
ing on any part of the map." There was thus a very strong
probability that the map was the identical one enclosed in Benjamin
Franklin's letter, and marked by him for the information of his
correspondent. "Upon any other supposition," says Mr. Sparks,
" it would be difficult to explain the circumstances of its agreeing so
perfectly with his [Franklin's] description, and of its being preserved
in the place where it would naturally be deposited by Count de
Vergenn'is." This line of reasoning is plausible enough. Mr. Sparks
doubtless felt proud of his discovery, though his complacency may
well have been held in check by his perceiving that the red line
ran wholly south of the St. John, and between the head waters of
that river and those of the Penobscot and Kennebec. " In short,"
observes Mr. Sparks, " it is exactly the line now contended for by
Great Britain, except that it concedes more than is claimed. The
north line, after departing from the source of the St. Croix, instead
of proceeding to Mars Hill, stops far short of that point, and turns
off to the west, so as to leave on the British side all the streams
which flow into the St. John, between the source of the St. Croix
and Mars Hill. It is evident that the line from the St. Croix to the
Canadian highlands is intended to exclude all the waters running
into the St. John."

These importarit -aces, together with a copy of so much of the map

* In a letter to Mr. Senator Rives, Chairman of the United States Committee of Foreign
KelationH, dated P"el>ruary 15th, 1842. Mr. Itiven delivered the letter to tiie Senate as-
weinbled in Secret SeHsion at WashiuK'ton, on the 17tl) of August, 1842, only eight days
after the signing of the Ashburton Treaty. The Senate subaeqaentiy dissolved the
injunction of secrecv, and authorized the publication of Mr. Rives's speech on the occasion.

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The Last Forty Years.

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as was necef»sary to show the Maine boundary, were forthwith
communicated to Mr. Webster, who consequently entered upon his
negotiations with Lord Ashburton with a full knowledge of Mr.
Sparks's discovery. He nevertheless carefully concealed it from his
Lordship, and proceeded with the negotiations as thou.^h he believed
the claims put forward by him to be just and righteous. After the
British envoy had yielded nearly everj'thing that grasping selfish-
ness and dishonest greed, as personified in the Maine Commissioners,
thought fit to demand, the Senate at Washington hesitated to con-
firm the arrangement, on the ground that the terms were not sufii-
ciently favourable to Maine. There was no limit to their rapacity.*
Some of the members did not even deem it necessary to make any pi-e-
tence to fair dealing in the matter. Anything gained from Britain,
by whatsoever means, was apparently regarded by them as a legitimate
spoiling of the Egyptians. Then it was that Mr. Webster — for the
sake of "whipping the Senate into line," as one of themselves tersely
expressed it — authorized Senator Rives to produce Mr. Sparks's
letter and the copy of the map. The argument made use of by the
Senator may be thus briefly stated : " If you refuse to ratify this
Treaty there will have to be another arbitration. You will then
stand a good chance to lose the whole territory in dispute, for no
arbitrator, with the present facts before him, will give you an
acre of land to the south of the St. John." How little the Senate
cared for mere questions of right and wrong was then made
clear. They said, in effect : " Never mind what we are in justice
entitled to. How much can Britain be coerced into giving us ?"

• " The popular feeling in the United States was adverse to retrocession. It was desper-
ately resisted in the American Senate. It involved the still K^eater family question of
State rights. Maine raved like a maniac, and was ready for a free fight with all creation.
She defied England, ran a muck at Canada, and shook her impious fist in the face of her
own maternal Oovemment. The two countries were hrought to the verge of war." — How
Treaty -Makiny unmade Canada ; a paper read hefore the Literary an<l Scientific Society
of Ottawa, by Lieut. -Col. Coffin, and reprinted in the Canadian Monthly for May, 1876.

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The Ashburton Treaty.

211

Mr. Thomas H. Benton, the senator from Missouri, declared that
he had long been aware of the existence of maps which showed
the boundary-line as running wholly south of the St. John.
He produced a map which, taken by itself, would have gone
far to establish Britain's contention. Taken in connection with
Mr. Sparks's discovery, it made the British position morally
impregnable. It was printed and published at Paris in 1784,
the year after the Treaty was signed, and was entitled on its
face: "Carte des Etats Unis de VArmrique, suivant le traits de
paix de 1783." It was engraved by Lattri^, graveur du Roi, and
was " dedicated and presented to His Excellency Benjamin Franklin,
Minister Plenipotentiary of the United States of America, near the
Court of France." Upon comparing it with the copy of the map
found by Mr. Sparks, it was found that the two corresponded in
ever}'^ respect. The boundary-line was depicted precisely in accord-
ance with what Great Britain had always claimed.*

Could there have been stronger secondary evidence that by the
Treaty of 1783 the boundary-line had been fixed to run wholly
south of the St. John River ? Yet Mr. Webster, who had all along
been in possession of these facts, did not scruple to suppress them.
Not only did he suppress them, but he deliberately, aud in writing,
expressed to Lord Ashburton his confidence in the validity of the
American claim. He put forward a map in the accurac}* of which
he could not have had any confidence, and insisted upon its forming
the basis of the boundary. Yet his course was pronounced by one
of the leading organs of public opinion to have been " dictated by
scrupulous propriety, by usage in similar cases, and by the sou^ndest
wisdom and discretion. "•!• The Senate, with a very bad grace, gave

. i M

• There were various other maps disclosing? a similar boundary-line, one of which was
prod\iced by Lord Ashburton duriiit,' the ufgotiations, but it was not clearly authenticated,
and therefore could nou be accepted as evidence.

+ See North American Rtvicw,''VQ\. LVI., p. 479.

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The Last Forty Years.

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up the contest, and consented to accept the terms which Mr.
Webster had made on their behalf.

Upon this subject some of our own writers, while admitting — as
indeed, cannot be denied — that but scant justice was done to us by
the Ashburton Treaty, have gone out of their way to find arguments
in Mr. Webster's favour. " It is but fair to state," says Colonel
Coffin, " in explanation of the course taken by Daniel Webster, that
although, doubtless, the Franklin or 'red-line' map discovered by
David (sic) Sparks . . . was in his hands during these negotiations,
this piece of evidence was not conclusive. It afforded strong pre-
sumption, but not absolute proof, of the correctness of our claims
under the Treaty — claims, however, which we had abandoned when
we abandoned the Treaty itself and accepted an arbitration."* The
Treaty here referred to is that of 1783 ; and the answer to Colonel
Coffin's argument is obvious enough to any one acquainted with
the facts. We " abandoned the Treaty " — not because we were
dissatisfied with its provisions, or because we had any doubts as to
what we were entitled to under it ; but because its language was
not entirely free from ambiguity, and we were not in a position to
prove that our contention was sound. We " accepted an arbitration,"
in 1818, because the other party to the contract contended for a
construction which the language did not legitimately bear, but the
correctness of which they professed to be able to prove. They
claimed that we were wrong, and deliberately set to work to prove
us so, although they had documents in their possession which proved
that we were right. These documents were suppressed by them until
they had gained an undue advantage, and until an erroneous basis
of settlement had been arrived at. So far as to the merits of the
controversy itself. To say that there was no " absolute proof of the
correctness of our claims " is at best a lame plea. Whether the proof

*See Colonel Coffin's pai^r in the Canadian Monthly, ubi gupra.

The Ashhurton Treaty.

213

was absolute or partial, both sides should certainly have been placed
on an equality as to its reception. But, it is said, an advocate
cannot be expected to make out his adversary's case. To which it
may be replied that, so far as a suit in a court of law is concerned,
this doctrine is unassailable. But in a forum where the judges are
the representatives of great nations — nations which claim, and justly
claim, to lead the van of humanity and civilization — in such a forum
the primary object should be, not to gain an undue advantage for
anybody, but to get at the truth, and to do perfect justice. In such
a forum, truth and justice demand that the judges should be placed
in possession of all the material facts ; and in the case under consid-
eration material facts were deliberately concealed by one of the
judges from the other.

It is too late, however, to serve any useful purpose by discussing
the ethics of the transaction. Lord Ashburton had been authorized
to treat with the United States on behalf of Great Britain. He
had made a wofully bad bargain, but Britain never dreamed of
discrediting her representative. The Treaty was accepted, the
ratifications were formally exchanged at London on the 13th of
October, and it became the law of the land. The amicable relations
between Lord Ashburton and Daniel Webster continued without
interruption, and the latter named one of his grandsons in honour
of his Lordship. Whatever consolation was to be derived from such
a compliment it is to be hoped Lord Ashburton enjoyed, for assur-
edly there was no other phase of the transaction upon which he had
any reason to greatly felicitate himself.

Before proceeding to Ministerial and Parliamentary business, it
is worth while to refer to another Imperial transaction of this
period which was fraught with considerable importance to Canada ;
namely, the partial relaxation by Great Britain of her protective
policy. In those days Sir Robert Peel halted between two opinions
on the protection question, but it was evident to those who were

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The Last Forty Years.

admitted to mark the inner workings of his mind that he was
gradually surrendering himself to the principles of Free Trade.
There was a disposition on his part to relax the duties on various
imported commodities, and upon this disposition he finally acted,
in spite of the vehement remonstrances of many of his chief sup-
porters. Up to this time the duty imposed upon Baltic timber was
fifty-five shillings sterling per load, whereas on Canadian timber
the impost was only ten shillings. These rates were relaxed to
thirty shillings and one shilling respectively — the latter being
regarded as nearly equivalent to no tax at all. This step was
viewed by the merchants of Montreal and Quebec, as a class, with
undisguised anxiety and alarm. It was regarded as the thin end of
the wedge. But this was not all. The free importation of United
States flour into Canada was put an end to, and the inhabitants of
the West Indies were permitted to import their flour direct from the
United States on payment of a duty of two shillings a barrel. Prior
to this time, as has been seen,* Canada had enjoyed the exclusive
privilege of furnishing the West Indies with lumber and provisions.
These things, and others of a like character, tended seriously to
reduce the trade of the St. Lawrence. The falling-off" was very per-
ceptible, and was very sensibly felt. In 1842 the number of vessels
entering the St. Lawrence from the sea was 377 less han in 1841.
This occurred, too, at a time when the mercantile cor. .munity were
ill-fitted to bear any falling-ofi" of revenue. Commerce was much
depressed, and there was a great scarcity of money. Several prom-
inent firms were compelled to suspend payment — a matter of much
greater significance to commercial credit in 1842 than it would be
at the present day. The merchants in the chief centres of popula-
tion, as has already been intimated, were alarmed. They feared —
and as the event proved, with good reason — that this was only a

* See ante, p. 56.

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The Ashburton Treaty.

215

foretaste of what was to come. If such inroads as this were to be
made on the protective system, they sincerely believed that the
commercial trade of the country would be shattered to pieces.

These ideas, however, though common among Canadian merchants
in 184?2, were not universal. Several of the most intelligent and
far-sighted gentlemen belonging to the mercantile world of Montreal
had already pronounced in favour of Free Trade. Specially con-
spicuous among these were two merchants who afterwards won
wide recognition throughout Canada, not only in matters com-
mercial and political, but likewise for their great intellectual and
moral M'^orth. Their names were Luther Hamilton Holton and
John Young.

The latter though not unknown to Canadian Parliamentary
history, is chiefly remembered for his active commercial life and
his connection with various important public works. He was in
the best sense a self-made man — the sole ai'chitect of his own
fortunes. He was Scotch by birth, but came to Canada when he
was only fifteen years of age, and had ever since been engaged in
mercantile pursuits ; first, as a clerk in a grocery-store at Kingston ;
next as a clerk in a wholesale house at Montreal; then as junior
partner in a mercantile firm at Quebec ; and finally as a partner in
the great Montreal house of which the late Mr. Harrison Stephens
was the senior partner, and which was then carried on under the
name of Stephens, Young & Co. He had already risen to a moderate
degree of wealth, and had begun to display much enterprise and
public spirit. Only a year befoi'e this time he had given a signal
illustration of the practical comir --sense character of his mind. It
has been seen that an effusive loyalty was evoked in Canada by the
bij'th of the Prince of Wales.* Montreal was especially conspicuous
for the fervour of its enthusiasm, and subscribed a large sum of
money to commemorate the event by a costly banquet and ball.

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The Last Forty Years.

Mr. Young was a hard-headed Scot, to whom banquets and balls
were merely so many interruptions to important business. At a
public meeting held for the purpose of appointing a committee to
make suitable arrangements for the impending entertainment, he
made a motion eminently characteristic of the man. He moved
that the money subscribed for the proposed feasting and revelry
should be expended in purchasing a tract of land, and in building
thereon an asylum for the poor, Tn the speech made by him in
support of this motion he drew attention to the depressed condition
of trade, and the great poverty and suffering that had been en-
gendered thereby. He deprecated the expenditure of a large sum of
money at such a time, and in such a manner as to leave no per-
manently beneficial traces behind it. Though not a practised orator,
he made the most of his theme, and aroused the sympathies of his
audience. His moiion was carried by a large majority. The asylum
project, however, was altogether too prosaic to satisfy the patriotism
of a certain element of the population. Mr. Young's iLotion was
subsequently rescinded, and the money was spent as had at first
been proposed.

Mr. Young, during the summer and autumn of 1842, and during
many subsequent seasons, did his utmost to inculcate Free Trade
doctrines among the mercantile community of Montreal, and to
convince them that the new Imperial customs regulations would
eventually enure to the benefit of the colonies. For some years
his advocacy was not attended with much visible success, but there
can be no doubt that by his conversation and his contributions to
the press on the subject he in some degree helped to prepare the
minds of Canadian thinkers for the Imperial policy of 1846. He
was subsequently largely instrumental in founding a Free Trade
Association in Montreal. At present it is unnecessary to follow
his fortunes any farther, though we shall meet him more than once
in future pages.

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The Ashhiivton Treaty.

217

Mr. Hoi ton, owing to his long Parliamentary career, and to his
prominent position in the ranks of the Liberal party, was even more
widely known in his day and generation than Mr. Young. He was
a Canadian, and had been connected with mercantile life in Montreal
from his early boyhood. When he was about thirteen years of age
he became a clerk in the office of the great Montreal forwarding-
house of Hooker k. Co. He dis[)l; yed great aptitude for commercial
life, and after the lapse of a few years became a partner in the firm,
which was thereafter known as Hooker, Holton & Co. The business
was very large and profitable, and the firm shared with the promi-
nent house of Macpherson & Crane in carrying on the bulk of a trade
which the advent of railways was destined to supersede. It chiefly
consisted of the conveyance of merchandise from the ports of entry
to the various inland cities and towns, the transportation being
effected by means of wagons, batteaux, and Dui'ham boats. In
1842 Mr, Holton was by no means so widely known as he subse-
quently became, but he had established a reputation for much
commercial foresight and ability, and Avas known as a man of great
integrity and uprightness of character. He from the first cooperated
with Mr. Young in promulgating Free Trade doctrines, and even in
1842 endorsed the Imperial policy of relaxing the tariff", although it
seemed to threaten such serious consequences to the trade of the
St. Lawrence. In politics and other matters he avowed opinions
which, in those days, were regarded as remarkably advanced and
liberal. He will occupy no insignificant figure in future chapters
of this work.

p.;.

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Chapter XI.
KECONSTRUCTION.

" Whilst it has Ijeen theoretically admitted upon all aides that our French fellow-sub-
jects are fairly entitled to a rej)resentation in the Councils of the Sovereign, as well as of
the people, Sir Charles T5at,'ot has been assailed with unwonted bitterness for the selections
which lie lias made — char^'e as inconsistent and as irrati<mal as it would be to admit the
ri^ht of the peoplo of (Jreat 15ritain to rejirosentation in the Executive Council of the
nation, and then to denounce ?Ier Majesty for selecting such men as a Peel and a Welling-
ton ; since the same Uritish principles of State policj', and the same means of information
which su£;gested to Her .Majesty Sir Robert Peel and the Duke of Wellingtim as the most
influential and appropriate advisers of the down on behalf of the people of Great l?ritain,
suggested to Sir Charles Bagot certain individuals whom he has selected as the most
influential and appropriate advisers of tlie Crown on behalf of the French people of Canada ;
a measure so just, so wise, so expedient, as to induce the Honourable Mr. Draper not only
to advise it, but to regard his own retirement from the jiower and emoluments of office a
not too great a sacrifice for its accomplishment. " — Egkuton Ry EUson. Some Itemm-ks upon
Sir Charles Bagot's Canadian Government.

URING the .summer of 1842 certain significant changes
took place in the composition of the Ministiy. On the 9th
of June Mr. Hincks accepted the post of Inspector-General
of Public Accounts, an office corresponding to that of the
present Minister of Finance. The appointment was of
course made at the instigation of his E.Kcellency's advi.sers.
Mr. Hincks's talents, his taste for politics, his familiarity with the
details of the political situation, and more especially his ajititude for
dealing with the finances of the country, made him a decided acces-
sion to the Government;* but his appointment gave great umbrage

*That competent critic, Mr. Edward Gibbon Wakefield, thus wrote to the Colonial
Gazette, under date of 28th May, 1842, respecting Mr. Hincks's contemplated acceptance

Reconstruction.

219

to the Conservatives, who considered that a member of their own
party should have been ])referred. Some of the newspapers poured
out the vials of their wrath with no stinted hand. The Governor
was accused of a glarin*,' leaning towards Railicalism, and Mr.
Hincks was openly denounced as one who had abetted Mackenzie's
rebellion. As matter of fact the Governor had no choice. He was
bound, under Responsible Government, to act upon the advice of
his Ministers. His Ministers stood in need of Mr. Hineks's know-
ledge and services, and advised his admission to the Government.
Mr. Hincks, however, was as acceptable to his Excellency as to the
Ministry, and his energy was soon made apparent in the orderly
state of the public accounts. His acceptance of office was not sig-
nificant of any modification in the Government policy. It has been
seen that during the latter part of the previous session he had been
to a considerable extent a supporter of the Government. Lord
Sydenham had been much impressed by his aptitude for dealing
with questions of finance, and by the readiness with which he
disposed of complicated matters of account. His Lordship had dis-
cussed with some of the Ministers the advisability of requesting him
to accept office as Inspector-General, and overtures would doubtless
have been made to that end had the Governor's life been spared.*

of the rii.si)ector-(3eiieial.slu|) : "This ai)i)(iiiitiiieiit lias all the appearance of being wisely
designed. The leading merchants and bankers of Montreal, who are very fit to judge of
any man's financial capacity, consider Mr. Hincks highly qualified to bring the muddled
finances of the Province into a state of order and security. He is jiopular with the com-
mercial classes wherever the political-economy bent of his mind happens to be known as
existing in conjunction with his practical disposition and talents. His energy and industry
are acknowledged by all who know anything ubout him."

* Major Richardson says that had Lord Sydenham carried his favotirite Bank of Issue
project Mr. Hincks was to have been placed at the head of it, with a seat in the Council.
See " Eight Years in Canada," p. 192. It is constantly necessary to have recourse to the
saltcellar in reading the productions of the Major, and nowhere is his untrustworthiness
more frequently displayed than in this so-called " Review of the Administrations of Lords
Durham and Sydenham, Sir Charles Bagot, and Lord Metcalfe." That Lord Sydenham
would have been willing to avail himself of Mr. Hineks's financial skill in the management
of the Bank is probable enough ; but his Lordship never had it in contemplation to directly

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220

The Last Forty Years.

The death of his Lordsliip caused a tempoi'ary suspension of the
Government policy, Sir Richard Jackson's official acts being almost
entirely restricted to the merest formalities. Mr. Hincks's entry
into the Cabinet had accordingly been postponed, but it had been
well understood among the Ministeis themselves that he should be
admitted whenes'er a favourable opportunity should present itself.
Direct overtures were made to him towards the end of Mav, and he
retmned a favourable reply within a <lay or two afterwards. His
acceptance of office tended to widen, for a time, the breach between
himself and his former leader, Mr. Baldwin. His constituents in
Oxfoi'd, on the other hand, approved of his conduct, and reelected
him by a sweeping majority over the Opposition candidate. Upon
accepting office he thought proper to sever his proprietary connec-
tion with the press, and disposed of his interest in the Examiner,
which however was carried on by his immediate successor in the
interests of the Administration, and for some time bore internal
evidence that its policy continued to be largely shajjcd by Mr.
Hincks. It subsequently passed into other hands, after which its
policy underwent various modifi(!ations.

Tlie animadversions upon Mr. Hincks's appointment to the
Inspector-Generalship were not confined to members of the C(m-
porvative party. The advanced Reformers felt his alleged desertion
keenly, and did not hesitate to accuse him of having sold him-
self for a price. Mr. Hincks was not disposed to sit down tamely
under such accusations, and replied to all upbraidings with acrid
raillery. In later times he was referred to by Lord Metcalfe's
biographer as having "a tongue that cut like a sword, and no
discretion to keep it in order."* Whatever opinion might be

identify the Bank witli th« Oovornment by making its manager a Cabinet MiniHter. Sucli
a iiMcet'iling would not have lieon tiderated iiy tln' country, anil no one knew tiiat hiicIi
was the case belter than did Lord Sydenham himoelf.

*See Kaye's " Lite and Correspondence of Charles, Lord Metcalfe ;" Revised Edition,
Vol. II., p. 342.

Reconstruction.

221

formed as to his discretion, there could be no doubt whatever as to
tlie incisive sharpness of his ton<,'ue when he was roused by the
attacks of his opponents. It may be asserted of him that through-
out the stormy discussions of those times ho generally succeeded in
fully holding his own. So far as can now be judged, his conduct
in entering the Government and afterwards seems to have been
due to a modification of policy rather than of opinion, and in this
respect he by no means stood alone among Upper Canadian
Reformers. Upon the opening of the session of 1841 he had con-
scientiously enough ranged himself on the side of the advanced
wing of the Opposition. In common with his coadjutors, he had
anticipated a vote of non-contidence in the Ministry as a result of
Mr. Baldwin's resignation. That anticipation had proved to bo not
well-grounded. The " united Reform Party of Ui)por Canada" had
proved to be less indissolubly united than had been supposed. As
the session advanced, Mr. Hincks, finding that the Government was
sustained by a large majority — a majority inchuling many sincere
Reform members — saw no good purpose to be served by a fruitless,
and, as it appeared to him, a factious and hopeless opposition ; more
especially as the principal grounds of his opposition had been removed
by the ministerial admissions on the subject of Responsible Govern-
ment. Again, it seems not improbable that he was to some extent
surprised into admiration of Lord Sydenham by the compreliensive-
ness of that Govt-rnor's plans, and by the boldness and originality
of some of his measures.* There were doubtless other motives
personal to himself. He does not appear to have taken very kindly
to liis French Canadian allies at that time, and they, in their turn,
were not favourably impi'essed by lum. He was moreover ambitious,
and it must have been apparent enough to a man of his keenness of
perception that if he determined upon renuiining in Opposition he

*See correBptmilence of " B.," on "Sir C. BiHtot's Policy," In the Halifax Nova Scot ian,
June TM\, 1842.

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222

The Last Forty Years.

i 1

would be compelled to play a waiting game. His going over to the
Ministerialists would not necessarily involve any sacrifice of Liberal
principles, for the Government claimed to be, and to a large extent
was, of a Liberal complexion. Lord Sydenham, who, at any rate du-
ring a great part of the session, had been his own Prime Minister, was
a man whose Liberalism did not admit of doubt. On the Municipal
Bill, and on other measures which did not appear to him to involve
any essentially political principle, Mr. Hincks, in common with other
Reformers, had voted with the Government. It is not to be wondered
at, however, that his sincerity and consistency were impugned by his
old allies, as well as by ultra-Conservatives, for no man had been more
vehement in his antagonism to the Government during the early
days of the session. He had even gone out of his way to proclaim
the uncompromising character of his opposition at the time of Mr.
Cuvillier's election as Speaker to the Assembly,* and had been the
sharpest thorn in Mr. Draper's side during the debate on Responsible
Government.-f* It is probable that both Mr. Hincks and Mr. Draper
were constrained to modify some of their opinions of each other
before the former's acceptance of office, and ' hat the members of the
Government agreed to meet upon something like common ground
with respect to the principles of Colonial Government.

Ever since Mr. Baldwin's resirrnation of the office of Solicitor-
General for Upper Canada — embracing a period of more than a year
— that office had remained vacant. Shortly before Mr. Hincks's entry
into the Government the post was offijred to Mr. John S. Cartwriglit,
member for Lennox and Addington, an ultra Conservative, and a
right-hand su^)porter of Sir Allan MacNab. Ti at gentleman, how-
ever, would have nothing to say to the Solicitor-Generalship, and in
a somewhat captious letter written at Kingston on the IGth of May,
and addressed to the Governor-General in person, refused to accept
any office whatever in a Government containing such heterogeneous

'AnU,p. 114.

fAnte, p. 134, et >eq.

Reconstruction.

223

materials. He was disgusted at seeing men appointed to offices in
both Provinces who, less than five years before, had announced
themselves as being opposed to any longer maintaining the connec-
tion between Canada and the mother country. " I would not hide
from your Excellency," wrote Mr. Cartwright, " that the Conserva-
tives of Upper Canada view some of the late appointments as utterly
indefensible, and as evidence that the Government was indiH'erent
to the political principles of men, even although those principles
were inimical to British supremacy in these colonies." How far
Mr. Cartwright, an honourable and well-meaning man enough, was
able to read the signs of the times, is apparent from his views, as
enunciated in this letter, on the subject of Responsible Government.
" On the question of Responsible Government I have already ex-
plained to your Excellency my views of its dangerous tendency ;
and the more 1 reflect upon it the more I feel convinced of its
incompatibility with our position as a colony — particularly in a
country where almost universal sufl'rage prevails ; where the great
mass of the people are uneducated, and where there is little of that
salutary influence which hereditary rank and great wealth exercise
in Great Britain. I view Responsible Government as a system
baseil upon principles so dangerous that the most virtuous and
sensible act of a man's public life may deprive him and his family
of their bread, by placing him in a minority in an Assembly where
faction, and not reason, is likely to prevail." Such language as this
was not to be misunderstood. The Government could not hope to
enrol Mr. Cartwright in its service. The post of Solicitor-General
for Upper Canada was then ottered to Mi*. Henry Sherwood, an able
Nisi Prius lawyer of Toronto, and a very pronounced Conservative,
who had not then any seat in Parliament. Mr. Sherwood, greatly
to the surprise of many of his friends and political allies, accepted
the proposal, and was sworn into ottice on the 23rd of July.* There

*The Kingston Herald expressed the almoiit unanimous Hentiment of tho Cunservative

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TAe Last Forty Years.

were persons who did not scruple to allege that he had taken
office with the deliberate intention of promoting the overthrow of
the Government. The allegation emanated from Mr. Sherwood's
personal and political friends, but does not seem to have had any
foundation in fact. Such a course, indeed, unless distinctly avowed,
would have been in the highest degree inconsistent with honour, and
Mr. Sherwood was a very unlikely man to lend himself to any
project of the kind.

A month before this date the Solicitor-Generalship for the Lower
Province hatl become vacant, Mr. Day, the incumbent of that office,
having been appointed, on the 2()th of June, to a judgeship of the
Court of Queeii's Bench for Lower Canada. There was no successful
attempt to till the vacancy until after the meeting of the Houses.

The Government looked forward with a good deal of solicitude to
the opening of the second session under the Union. Under Lord
Sydenham they had been strong enough to feel safe, but their
strength had been largely derived from Lord Sydenham himself,
and by his death they had been deprived of that powerful support.
By this time they well knew that upon the assembling of Parliament
they would be compelled to encounter the determined opposi-
tion of two widely divergent schools of politicians. The French
Canadian members, with one or two exceptions, might be depended

party on Mr. Slierwnod's acceptance of otfice, which was the more surprisinjj; in conHe-
queiice of Mr. Cartwriglit's recent refusal. "How it is," remarked tlie Hiruhl, "that
Mr. SlierwDod lias taken an ottiee declineil liy Mr. Cartwright, it is, of course, iniiio.ssilile for
us to say, for the former is, or was, (piite as nmch a Tory .is the latter. . . It will
prol)al)ly l)e found that Mr. Sherwood ex|)ects, or perhaps has Ijoen promised, some con-
cession to his principles. . . At all events the Provincial Ministry is curiously
constructed. Instead of heins? a coalition of moilerate men, it is a coalition of fierce
extremes. How they can meet at tiie ('ouucil Board and not laui^h in each other's faces,
if in merry mood, or come to fisticuffs, if in anifry one, must lie an eii^hth wonder of the
world." The London Hcnihl, Hamilton <}nziUr, Cobourg Star, Belleville Jiitfllii/cni'fr,
Cornwall Oh.iirvn; Ottawa Advocnti. and Kingston Whii/, Nnva and Stnte.tmini, all adopted
the same attituile on Mr. Sherwood's acceptaui^e of oHice — an acceptance not a|)|iroved of
by any memliers of the Conservative party outside of Toronto, wliere the new Solicitor-
General resided.

Reconstruction.

225

upon to act in unison with the advanced Reformers of the Upper
Province who acknowledi^ed the leadership of Robert Baldwin. The
ultra-Conservative members from Upper Canada, who followed the
lead of Sir Allan MacNab and Mr. Cartwright, represented the
other extreme of political ideas ; but they had one motive in common
with Upper Canadian Radicalism and French Liberalism — dislike
to the existing Administration.* The coalition of these two bodies-f"
was ominous, for Mr. Baldwin's party had steadily gained ground
all through the recess, ;ind the French Canadian party had received a
material accession of strength by the return of .several of the ablest
of their compatriots to Parliament. Mr. Baldwin and his following
stood loyally by their French Canadian allies, and the united vote
of French Canadians, Baldwinites, and Upper Canada Conservatives
would be almost certainly fatal to the Ministry. The French Cana-
dians were numerically the strongest of the three, and as they
voted with absolute uniformity it was evident that they could not
much longer be excluded from a share in the Government. It
seemed not improbable that the balance of power would erelong be
in their keeping.

The discontent of the Conservatives grew apace from day to day
all through the summer. Sir Charles Bagot had greatly disappointed
them. When the fact of his appointment to the Governor-General-
ship had first been announced, they had looked forward with much
confi<lence to something like a return of the (to them) golden age of
Sir Peregrine Maitland and Sir John Colborne. Ever since his
arrival in the country this confidence had been gradually diminish-
ing. His treatment of them had been courteous and conciliatory in
tone, but in this respect had not ditlered from his treatment of
French Canadian ex-rebels and Upper Canadian Radicals. He

• Histiiry soinetimeB repeats itHelf with remarkable fidelity. We shall find the leading
circumstanceH almost identical when we come to treat of the coalition of 1854,

tTliey had temporarily coalesced several times during the preceding' session ; notably on
the meauure respectint; the Lower Canada elections, See ante, pp. 143, 144.

1-'

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226

The Last Forty Years.

u *!

I .J

rebuked the spirit of intolerance and persecution wherever he found
it,* and displayed a good deal of quiet, statesmanlike firmness. He
felt himself to be a constitutional ruler, and governed himself
accordingly. A new Commission of the Peace was promulgated,
which included the names of men of various origin, and of various
political sympathies. His Excellency early recognized the import-
ance of reconciling the French Canadians to the new order of things.
In his appointments to office he knew no distinction between French
Canadians and British Canadians. A French Canadian, in the person
of M. Joseph Remi Vallieres de St. Real, was appointed Chief Justice
of the District of Montreal. Another was appointed Judge of the
District of Three Rivers. Dr. Jean Baptiste Meilleur, whose nation-
ality is sufficiently indicated by his name, was appointed Superin-
tendent of Public Instruction for Lower Canada. In the Upper
Province a similar disposition was manifested to appoint to office
persons who enjoyed the confidence of the majority. " Some of the
most notorious rebels of the Province," whines Major Richardson,
himself a disappointed office-seeker, " having influence with certain
members of the Legislature, whose support the Administration was
solicitous to secure, were gazetted to situations of high trust and
importance.""!* During the interregnum between Lord Sydenham's
death and Sir Charles Bagot's arrival, Mr. Andrew Norton Buell, of
Brockville, a very pronounced Radical, had been appointed to the
Treasurership of the Johnstown District. This was one of the few
appointments which Sir Richard Jackson had been prevailed upon to
make, and it gave great ottenco to the Conservative party, for Mr.
Buell was charged with having been an active .sympathizer in the

* In a communication to Mr. Cartwright, written in reply to the letter of that gentleman
already quoted from in the text, occurs the following Hensihle and dignilied rebuke : "I
trust that I am not doomeil to have my earnest efforts for the well-heing of this great
colony defeated by the continuance <if petty struggles or party animosities, for which, in
its present state, and with its present prospects, there appears to me to be no longer room."

tSee "Eight Years in Canada," p. 199.

Reconstruction.

227

rebellion. Some time after Sir Charles Bagot's arrival in Canada a
petition, signed by many Conservatives of the county of Leeds, was
presented to him, charging various matters of more or less gravity
against Mr. Buell, and praying for that gentleman's removal from
office. Here again Sir Charles proved that he understood his position.
He courteously declined to inquire into the political sins of an official
appointed by his predecessor, unless the petitioners could furnish
proof of misconduct on the part of the official since his appointment.*
In all these embarrassments he proved his determination to govern
the country through its Parliament, and not through any faction
whatever.

Such was the state of affairs when Parliament met on the 8th of
September. A good many changes had taken place in the riember-
ship during the interval which had elapsed since the prorogation.
There had been a considerable increase in the membership of the
Legislative Council. Of the twenty-four members originally
appointed by Lord Sydenham, three (Augustus Baldwin, Olivier
Berthelet, and Etienne Maynard) had officially resigned their seats
during the first fortnight of the session of 18-il. His Lordship had
added two members during the progress of the session, in tlie persons
of Messieurs Gabriel Roy and P. H. Moore. One member, M. Jules
Quesnel, had died. To the remaining twenty-two were now added
seven members : Robert Dickson, of Niagara, George Jervis Good-
hue, of London, Levius P. Sherwood, of Toronto, Simeon Washburn,

* " He, whose once high family would have shrunk disiiiayeil from the idea of hestowing
favour on a base-born traitor, even as the}' would have done from conferring honour on the
perpetrator of a sacrilege, blushed not to reply (of course, in obedience to the dictates of
his Council), that he was not responsible for, and would not interfere with, any appoint-
ments made previous to his arrival. Tlie answer so pained and disgusted every honourable
and loyal man in the country, that, whilst cherishing feelings of deejjest indignation, they
looked \ipon the Province as wholly lost to the Kmpire ; nor were there wanting sagacious
minds who came to the humiliating conclusicm that the Ministry of England, Tory even
as they were, were unscrupulously sacrificing not only the best interests of their Sovereign,
but those of the colony, to a most unworthy principle of expediency." — Eii/ht Years in.
Canada, p. 209. This author's views fairly reflect the opinions of Upper Canadian Con-
servatives at that period.

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228

The Last Forty Years.

of Picton, William Walker, Amable Dionne and Joseph Dionne of the
District of Quebec. In the Assembly the changes were many and
important, and nearly all of them tended to strengthen the hands
of the Opposition. Mr. Day's retirement from public life had left
vacant the representation of the county of Ottawa. In his stead
had been returned Denis Benjamin Papineau, a brother of the more
celebrated Louis Joseph Pai)ineau, who was still in exile, inconse-
quence of his identification Avith the Lower Canadian rebellion.
Mr. Morin had also retired, for the time, from public life, and had
accepted a judgeship in his native Province, thereby leaving vacant
the representation of the county of Nicolet. He had resigned the
judgeship after retaining it a short time, but had not again otiored
himself to his old constituent^ who had returned as their represen-
tative Louis Michel Viger cousin of the member for Richelieu.
Various other changes had occurred, but the only one calling for
special mention is the return of Mr. Lafontaine for the Fourth
Riding of York. Mr. Lafontaine, who was one of the ablest men his
Province has pi'oduced, and who was destined to take a conspicuous
place in its political and judicial history, deserves a paragraph to
himself.

At the time of his return to the First Parliament of United
Canada, Louis Hypolite Lafontaine was only about thirty-four years
of age. He was born near the village of Boucherville, in the county
of Chambly, in 1807. From his earliest childhood he gave evidence
of possessing a soaring ambition and a capacious mind.* He devoted
himself to the law as his i)rofession in life, and after his call to the
bar he began practice at Montreal. He was successful, both in his
profession and out of it, and rapidly accumulated considerable

* " Au college de Montreal, o\X il fit cinq annt5es dMtudes, Louis-Hippolyte se fit remar-
quer par la solidity de son jugement et roi)iniatret^ de son caractfere. II aimait h. faire lea
choses h, aa gui&e, travaillait sans se fatiguer et siipi)ortait diffioileniunt le ri-ginie sdvl're des
colleges du temps. l)n I'appelait 'la grosse t^te.' "—Biographies et Portraits, Par L.-O.
David ; Montreal, 1876.

■(:?!

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Reconstruction.

229

'i ' li:

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pecuniaiy means, which were augmented by an advantageous
marriage. He held what in those days were considered very
advanced opinions on matters political, anfl was a disciple — albeit
not always a subordinate one — of Mr. Papineau. He served the
popular cause in the District of Montreal by his writings in La
Minerve, a paper founded in the national interests in lcS2G, and
conducted with great ability for some years by Mr. A. N. Morin.
Between Mr. Lafontaino and Mr. Morin a warm friendship spiang
up; a friendship which was preserved unbroken throughout the
whole subsequent course of their lives. It has been said that each
of these two eminent men formed an approj)riate complement to the
other:* that each possessed what the other lacked, and that the
union of their forces gave a formidable impetus to the cause which
both had at heart. Mr. Morin was a man of rare ability, but he
had the modesty which frequently accompanies true genius. He
was not given to self-assertion, and passed with most of his acquaint-
ances at much less than his true value. Mr. Lafontaine, on the
contrary, was essentially a man of the world ; a man of high
ainbitions ; a man brilliant anil showy, fully capable of asserting
and maintaining all that of right belonged to him. He early took

*"M. Morin, timicle et modeste, trouvadana M. Lafontaine la direction t'nergique dont
il avait boaoin. Racontons, en passant, un fait (pii donnera une idee de I'amitit? de ces
deux {jrands homines et de leur caractere. M. Morin avait I'hahitude de doiiner aux
pauvres jusqiiW son dernier sou, et mfirae, souvent, de rembourser lea clients dont il avait
I)erdu lea canaes, de sorte que, aa pension payt?e, il ne Ini reatait jamais d'argent pour
s'habiller. Un jour, M. Lafontaine lui dit qu'il ne voulait plus le voir paraltre dans le*
rues avec raccoutremeut bizifrro qu'il iwrtait, iiue c'otait un scandale. II lui mit vingt-
cinq louis dans lea mains et lui enjoignit d'aller s'habiller. M. Morin s'en allait che;', un
tailleur, lorsqu'il rencontra un client malheureux dont il avait perdu le procfcs ; le client
I'attendrit tellement sur son sort et sur le roaultat de ce procea, que M. Morin lui mit les
vingt f'nq louis entre les mains en lui recomuiandant bleu de ne v>as en parler h M.
Lafontaine. Mais M. Lafontaine, le voyant toujours avec la meme toilette lea jours
suivants, se dt5cida h. lui demander dea explications. M. Morin hdaita un moment, mais,
ne pouvant inentir, il finit par raconter I'affaire. M. Lafontaine le gourmanda, malgre^
I'envie de rire qu'il avait, et lui dit qu'il dtait di5cidd, cette fois, ?i I'emporter. II I'emmena
chez un tailleur et lui fit f aire un habilleinent complet. " — Biographies et Portraits, pp. U7, U8.

I ■'

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230

T/te Zas^ i'onf^/ Years.

rank among his compatriots as a leader of men. In 1830, when
he was twenty-three years old, he was returned to the Lower
Canadian Assembly, where he advocated the rights of his com-
patriots with much fervour and eloquence, until the breaking out
of the rebellion. That Mr. Lafontaine would have been glad
enough to see that movement succeed may safely enough be taken
for granted, but he was too prudent to identify himself with it.
After the engagements at St. Denis and St. Charles he found him-
self ])laced in an embarrassing position. The rebels looked to him
for active support ; but he knew the hopelessness of the insurrection,
and had no idea of imperilling his liberty or his life in a lost cause.
On the other hand, he found himself an object of suspicion to the
Government. After an ineffectual appeal to Lord Gosford to convoke
the Houses he quietly withdrew from the Province. He repaired
to England, and thence to France, where he remained until after
the amnesty jiroclamation was issued, whereupon he returned to
Canada. His views had undergone some modification during his
exile. He had previously held at naught the power of the priest-
hood, who in their turn had looked askance at him, and regardeil
him as heterodox in his religious beliefs. After his return he
adopted a different policy. Mr. Papineau was out of the way,
and there seemed to be no probability of his early return to
Canada, as he had been expressly excluded by name from the
amnesty that had been declared. Mr. Lafontaine accordingly found
himself in the position of leader of his fellow-countrymen, and he
was too wise to continue his opposition to so potent a power as was
that of the Lower Canadian clergy. He set himself to conciliate
them, and with success. " Whether from conviction or from policy,"
says the author of the Washington Sketches, " he went regularly to
mass, and, his moral conduct being irreproachable, it is to be pre-
sumed that he was sincere, though the coincidence of interest and
devotion is striking." However that fact may have been, Mr.

Reconstruction,

231

Lat'ontaine soon had the clergy on his side, and became all-powerful
among his compatriots generally. He still held radical views in
matters political, and would doubtless have been ready enough to
head another insurrection if it cou'd have been proved to him that
such a movement would have been attended by any likelihood of
success. He was for some time an object of suspicion to the
authorities, and erelong the suspicion took an active form. An
incautious letter written by him to a professional friend contained a
sentence which seemed to indicate something more than a stronsr
sympathy with the insurrection. The contents of the letter became
known to the authorities, and a warrant was issued for the writer's
apprehension. On the 7th of November, 1838, he, in common with
the Vigers and other influential French Canadians, was arrested and
committed to prison. The time was one of great excitement, as
Robert Nelson was then making his foolish attempt to establish a
Canadian republic. There was no evidence against Mr. Lafontaine,
and he was soon released. His imprisonment, brief as it was, served
rather to confirm than to weaken liis position as leader of his com-
patriots, and he continued to retain their confidence to the end of
his life. A short time before the Union Act came into operation
the Governor-General — then Mr. Thomson — offered him the Solici-
tor-Generalship for Lower Canada, of course vipon the understanding
that he would support the Government policy. Mr. Lafontaine
declined the proposal. He was one of the most vehement opponents
of the Union, which, in common with nearly all of his fellow-country-
men, he rightly regarded as a scheme to destroy the French Canadian
nationality. The imposition of the debt of the Upper Province upon
them he regarded in the light uf a legalized robbery. As already
recorded in these pages,* a meeting was held at Montreal under
his auspices, where, on his own special motion, a protest against
the impending Union was adoptod. When the project had become

• Ante, pp. 46, 47.

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232

The Last Forty Years.

II'

]::

ail accomplislied fact, however, he bowed to the inevitable with
sucli grace as he could summon to his aid. As circumstances
would rot accommodate themselves to his mind, he bent himself to
acconnnoilate his mind to the circumstances. He offered himself to
his old constituents in Terrebonne as a candidate for a seat in the
First united Parliament. He was opposed by Dr. McCulloch, with
what result has already been narrated.* There can be no d(jubt that
Mr. Lafontaine would have been returned had the f i-anchise been free
and unrestricted. As it was, he was defeated, and was compelled
to bide his time. Mr. Baldwin's double return gave him the oppor-
tunity for which he waited. Mr. Baldwin and he were of one mind
on all the principal questions before the public. They were also of one
mind as to the true policy required at the hands of the Government.
They had moreover conceived for each other a high personal esteem
and friend.ship, which were maintained without interruption during
the remaining years of their respective lives. After Mr. Baldwin,
on the 2.5th of August, 1(S41, had made his election to sit for the
county of Hastings, he presented his Lower Canadian ally to the
electors of the Fourth Riding of York. Mr. Baldwin's influence
was paramount there, and Mr. Lafontaine was returned on the 21st
of September, three days after the close of the first session under
the Union. The man who had long been the I'ecoi'nlzed leader of
his compatriots was now able to take his place as their leader in
Parliament. He was from the first a conspicuous figure there. He
had a massive, Napoleonic cast of countenance, and an argumenta-
tive style of oratory which impressed all who heard him. He was
an eloquent and large-minded man, with a statesmanlike intellect,
and his return had gi-eatly strengthened the hands of the party
which he represented. With such a leader, it was impossible that
the Freneh Canadian element could much longer be excluded from a

*.4n<e, pp. 48, 49.

Reconstruction.

233

share of power. That olomcnt looked up to him, not perliaps with
the raptiirous enthusiasm which Mr. Papineau had been wont to
inspire, but still with a confidence and respect which were hii^hly
honourable to the recipient. His countrymen admired him for his
abilities, for his intellectual power, for his undoubted devotion to
their interests, for the imprisonment which he had undergone, and
for the circumstances under which he ha«l declined to accept office
under Lord Sydenham. The fact that some French Canadians
must be admitted to office was by this time fully recognized by the
members of the Administration, and at the time when Parliament
assembled the advisability of making overtures to Mr. Lafontaine to
take a share in the cares and responsibilities of carrying on the
Government had already been discussed. The result of the dis-
cussion will presently appear.

The second session was opened in the Legislative Council Cham-
ber at two o'clock in the afternoon of Tliursday, the 8th of Sep-
tember. The Speech from the Throne was read by his Excellency
in a strong, clear and distinct voice, and spectators remarked upon
the contrast between his appearance and that of Lord Sydenham.
Sir Charles was in particularly good health, and, so far as could be
judged, many years of work were yet in store for him. The Speech
set out by deploring " the melancholy event which marked the close
of the last session " — namely, the death of Lord Sydenham. It next
refeired to the birth of the Prince of Wales ; to the failure of the
recent attempt upon the life of Her Majesty;* and to the con-
clusion of the Ashburton Treaty. The Assembly were informed
that the Imperial Goveinment had fully redeemed the promise
made by their predecessors to guarantee a Provincial loan. Tiie
extension of various public W(jrks throughout the country was

* Viz., the attempt of .John Francis, on the '.i%h of May, to shoot Her Majesty on
Constitution Hill, London, on the selfsame spot where Edward Oxford had made a similar
attempt about two j'ears before.
16

if ; • r '

The Last Forhj Yearn .

glanccid at, as was also the (|uesv- a of immiijjration. The condition
of t,li(i pnhlic rovenuo w»us declared to be hi<^lily satisfactory. The
Speech then ixderred to cont(Mii|)hited anienihnents to the Act re-
spectinfT the estahhsliinciiit of Municipal Councils, as well as to the
School Act. A leor^unizatioii of the militia was also recouniiended.
"It is my earnest ho[)t!," saiil his Kxcelltsncy, in coiutliision, "that a
spirit of moderation and harmony may animate your councils and
direct your proceeilinj^s. The Province has at leuL^th ha])pily
recovered finiii a .stati' of severe trial and dani^c'r, and a hri^^ht
dawn now opens upon its prospects, 'i'ln; [)romise of peace secured
upon an honoural)le and advaiitaj^eous basis, the re-estal)lishment of
tran(piillity and security, the restoration of financial credit and com-
mcurial conliikuKrc, with the ('njoymcnt of free and ]>t'rman(;rit
institutions, art! blessinufs f )r whicli ( 'auada lias reason ti) be ''ratfrul,
aii<l which, 1 fc(d assured, it will be your etlbrt to preserv(!, and your
]UMd(! to perpetuate;."

Jn the Lc^^islativt; Council an a<ldress echoini^ the Specich was
moved and passed without delay, npuii the return of the memb(!rs
of the Lower House to their uwr (•h;iml)er, Mon<lay, the 12th, was
appoint(,M| for the consideration of the Spe(!(;h. J)urin<^ the int(M-
veninj^ days it was apparent enou^^di that something; of imi)ortanee
was under <liscussioii. 'I'Ik; atmosphen; was electric with rumours
of imj)enilini,' chanj;es in the A<luiiuistrati()n. (Caucuses were held
ev(!ry nii^lit up to a late hour. The canvassiiiLf ol" mendiers throu'.di-
out the day was innemiltiujif, except whim tiie House \ actually
in session. On the appointed Monilay a ^reat crowd was m attend-
ance, anxious to hear the del)ate which it was well known would
take place when the suliject of the reply to the Speiudi came up in
oi 'er. The audience, however, was doome<l to disappointment,
for the consideration of the ipiestiun was jiostponed, at the instance
of Mr. Seiiretary Harrison, until the day lol lowing.

Meanwhile, the Ministry and the Ouveruor-(Jeneral were bn"i|y

; ,**Ji i, • I-.!

Reconstruction.

235

engaj^od in disciissinj^ tlio teniis upon which a furthor reconstruc-
tion of the Administration niij^lit most advantageously be hrouglit
about. No <l<diMito conchision was arrivcid at until about noon of
the l.'ith, when his Excdhniey addresseil a letter to Mr. Lat"(jntaine,
as the acknowl(;ilg(!d leader of tlie Fnuich Canadian intMuljers,
suggesting that lie should accept oHice in the Ailiuinistration as
Attorney-deniM'al for Lower Canada. As an inducement to that
g(!ntleman to eiit<'r into the ( Jovt;riior-(jienerars views, the S(jlicitor-
(jeneralship of Lower Caiiaila was [jlaceil Hul)ject to his nomination,
with the proviso that the ollice should be filltid l)y a gentleman ol"
iiritish origin. It was stipidated that Mr. Ogden, tlu! tli(!n incum-
bent of that ollice (who was altscnt in England on leave), should be
provided for by pension. The Commissionershi|» of Crown liands,
witli a seat in tlu; Cabincst, was also placed at Mr. Lafontaine's dis-
])osal, as well as the Clerkship of the; I'^xecutive Cnuncil, which was

then vaeant. It was wtdl uiiderst 1 that .\'. r. Ijafoiitaint; would not

acci^pt olliiu; unless his friend .Mr. Baldwin also consirnted to do ,so ;
and as a further iinlucemeiit he wasautliori/(Ml tooU'ei" the Attorntfy-
(jieneralship of lJpp(M" Caiuida to Mr. i5aldwin. Mr. Sherwood, the
new Solicitor-Ceniiral for the Upper I'rovinee, l)eing then abscint from
Kinix^ton, it was sii'^ijested that his olliee should icinain in abi'vance
until his arrival, when it should be(;ome the subject t)i' (tonsideration.
The Commi.ssionershi|) of Crown bauds had not previously been a
CabitKit ollice. its incumbent was .Mr. .bib n Davidson, who hail
never been in I'arliauK'nt, but who was an old ainl ellicient public
.servant. It will be sven tliat the re(!i)nstru(;tion, as contemplated,
inv« lve(l the retireiueiit froui ollice of Mr. Driiperand Mr. Ogden,
Attorneys-Ceneral resp(!ctively for Upper and Lower ( 'anaila.

The offer was llattering enough; but Mr. Lafontaineand Mr. iJald-
win believed themselvt!S to hi; masters of the sitiuition, and refused to
accept, 'i'hey doubtlti.ss hopi'd to be able to compel the Ministry to
resign, whereupon they would have had the forming of a new ono.

236

The Last Forty Years.

This, however, the Ministry, as a body refused to do. Mr. Draper
knew that the time was up, so far as he was concerned, and ten-
dered his resignation with apparent cheerfulness, but the other
members of the Government clung to their oPlces with tenacity.
Such was the condition of affairs on the afternoon of Tuesday, the
13th of September, the day to which the debate on the Address had
been adjourned. The Governor's letter had been written and
uolivered to Mr. Lafontaine between one and two o'clock in the
afternoon, and the recipient had only returned his hurried answer
ill the negative a few minutes before the meeting ot the House.

On that day the crush was greater than ever, and the audience
was regaled with a lively and prolonged debate. At half-past
three o'clock in the afternoon the Address was moved by Mr. C. J.
Forbes, member for Two Mountains, and seconded by Mr. John
Sandfield Macdonald, of Glengarry. The discussion was then set
going by Mr. Draper, who throughout fully maintained his well-
earned reputation for eloquent plau.sibility. He said that ever since
the promulgation of Lord John Russell's celebrated despatch he had
felt that no Government should bo continued which could not com-
mand the confidence of the House and of the country. That, he
declared, had been his fixed principle, and he should have been false
to his own professions, to his own feelings, and to the despatch itself,
had he tendered any other advice to the Head of the Executive Gov-
ernment. Acting under such a system of administration, and feeling
the full force of its propriety and necessity, not only in theoiy but
in practice, he had always been of opinion that the Government
never could be carried on in unison with the principles contained in
that despatch so long as the great body of the French Canadian
members took no part in the administration of affairs. This
had at all times been his opinion, but under tlio Administration
of the late Governor-General he had had no power to carry out his
vie\v.s. During the last session he had twice tendered his resigna-

Reconstruction.

237

tion of the office of Attorney-General. He added that he had
within the last forty-eight hours tendered his resignation for the
third time, to the end that his continuance in office might be no
obstruction to the reconstruction of the Government upon that firm
and satisfactory basis upon which he felt it ought alone to stand.
He admitted that at the outset of the previous session he had enter-
tained prejudices against the French Canadians, but added that his
prejudices had been removed by the more intimate knowledge
which he had since acquired of them by personal intercourse.
Feelinor that there was in fact no difference in sentiment between

the honourable gentlemen opposite and himself and his colleagues,
he had used his best endeavours to carry a union between them into
full effect. He had endeavoured to bring about that political and
national harmony upon which he hoped to see the Government
stand. Although his feelings had at all times been such as he now
stated them to be, he had had no opportunity of carrying them out to
any practical result, till the arrival of the present Head of the Gov-
ernment. In negotiating an arrangement such as that to which he
had been alluding, he felt that no proposal should be made to the
gentlemen opposite but such us honourable men could accept. With
that view, and knowing that the honourable member for Hastings
(Mr. Baldwin) had forfeited office for them, and that, as honourable
men, they could nut take office without him, he made no proposal
to the gentlemen opposite which did not include the honourable
and learned gentleman from Hastings. In making a proposition to
include the member for Hastings he knew, he said, that he was mak-
ing one to exclude himself, and it would bo derogatory to him and
also to the member for Hastings for both to act together in the
same Cabinet. He had therefore at once given in his own resigna-
tion. He and his colleagues had submitted those views to the
' onourable and learned gi-ntleman opposite (Mr. Lafontaine), the
leader of the French Canadian people. It was nut for him (the

\' i

I ff

238

The Last Forty Years.

\ X

^ . (•

Attorney-General) to say why their proposals had been rejected ;
but whatever might be the motives which had dictated the refusal,
he yet hoped to see the da_^ 'hen such a union would be formed,
and when the principle of administering the Government in har-
mony with the wishes of the people would be fairly carried out.
Mr. Draper then read a copy of the letter addressed by the Head of
the Government to Mr. Lafontaine. He concluded his remarks by
saying that whatever might be the result, he felt consoled that he
had tendered what he conceived to be the best advice he was
capable of giving ; and having so performed his duty, he would
leave the whole matter to the impartial consideration of the House.

Mr. Lafontaine then briefly addressed the House in the French
language, stating that he would afterwards explain his motives for
declining the otters made to him. He added that his motives were
more of a personal than of a public nature.

Mr. Baldwin made a speech of nearly an hour's duration, in the
course of which he remarked that it was some consolation to him to
find that the very advice which eighteen months before he had
tendered to Lord Sydenham — the very advice for persisting in which
he had retired from ottice — was now coiitirmed by the unanimous
voice of the whole Cabinet. He hail not expected that such
ample testimony would be so soon borne to the correctness of his
views. He expressed his desire to .see a strong Government estab-
lished ; not one like thosu in a neighbouring country, blown about
by every wind, and bentling before every .storm, but one that, being
anchored in the attections of the people, would be enabled to ride
triumphantly over every adverse wave. "The learned Attorney-
General," pursued Mr. Bahlwin, "now comes forward with proposals
to the Reform party. If he is sincere in making such proposals,
the period of the Union wa^ the proper time for making them. He
acknowledges that he was -^.t all times impressed with the senti-
ments of liberality to which ho has this day given utterance, but if

Reconstruction.

239

such were his feelings daring the last session, why did he not
express them ? Why did he allow twelve or eighteen months
to elapse, and still keep his feelings to himself ? Why did he not
tell Lord Sydenham what he has told Sir Charles Bagot ? " After
a searching review of the Speech from the Throne, Mr. Baldwin
concluded by moving an amendment to the Address, expressive of a
want of confidence in the Government. The motion was seconded
by jMr. J. G. Barthe, member for Yamtoska, and supported by a
speech from the Hon. D. B. Viger; after which Mr. Lafontaine
again addressed the House in the French language, stating the
offers <hat had been made to him by the late Lord Sydenham, and
also by Sir Charles Bagot. He added that he looked upon the
whole as hollow and insincere, ami that he could not tliink of taking
office by pensioning off the old incumbents. Other speeches followed,
and a fiery war of words was kept up until half-past eleven at night,
when Mr. Parent moved the adjournment of the debate to the day
following. The motion was seconded by Mr. Hamilton, and unani-
mously concurred in.

Next day the galleries were again closely packed by a great crowd,
eager to hear the conclusion of the debate. Even before the Speaker
had taken his chair it became evident that some mysterious influ-
ences had been brought to bear since the noisy debate of the previous
afternoon and evening. All excitement and anger appeared to have
completel} -ibsided. Those who had so recently been pitted a'^ainst
each other in fierce antagonism were now seen side by side in fiiendly
converse. Voices which a few hours since; had made theuiselves
heard in loudest objurgation were now IuisIrmI ami subdued. For a
few minutes the Assembly Chamber might ahnost have been taken
for a Castle of Indolence.

" A t>lea8ant land of clroway-head it was."'

The Independent and the Conservative members were at no loss to

t >

240

The Last Forty Years.

understand what this portended, and were hardly taken by surprise
when Mr. Hincks, soon after the House had been called to order,
rose in his place, and after a few observations, moved that the
debate on Mr. Baldwin's amendment be postponed until Friday, the
IGth. He added that after what had taken place on the previous
day the subject had necessarily engrossed the serious attention of the
Administration. Mr. Baldwin ex|)ressed his assent to the postpone-
ment ; and if there had previously been any doubt as to what was
in contemplation, doubt could exist no longer. The Opposition
members preserved a stolid silence. Several gentlemen who were
classed as " Independents " expressed their disapproval of the pro-
posed delay. Dr. Dunlop,* Huron's representative, declared his

•Dr. William Dunlop was perhaps the most eccentric man who has figured in our
Parliamentary history. He was a Scotchmin of undoubted hut irregular ability, and had
had a somewhat chequered career. In his youth he was a surgeon in the famous regiment
(the 88th) known as the C )nnaught Rjingers. He was in Canada during the War of 1812-
'14, and fought against the American invaders with the indomitable courage which has
always been the special attribute of his regiment. He subsequently saw some service in
India, where he edited a newspaper, and where he killed so many tigers that he acquired
the name of " Tiger" Dunlop. His intellect was keen, and he was aa omnivorous reader,
BO that notwithstanding his unsettled and irregular life he contrived to pick up a good deal
of desultory scholarship. Upon returning to his native land he became a contributor to
Blackwood's Magazine, and the collaborateur of Professor Wilson and the Kttrick
Shepherd. Later on he wivs one of the band of literary rowdies that Dr. Maginn collected
about him during his editorsliip of Fraier's AfMjazine. His portrait, as he appeared in
those days, may be found in the seventh volume of Fraser. It also ap)>ears in the well
known group by Maclise, which at j)resent does duty as a frontispiece to the " Reliques of
Father Prout." He published several works of the ni'tst diverse character, and at one time
delivered an extraordinary course of lectures in Edinburgh on medical jurisprudence.
He came out to Canada in 18.'(5 with Mr. John (Jalt, the Canadian Superintendent of
the Canada Company, father of the present Sir Alexander T. Gait. The Doctor spent
the rest of his life in this country, and for some time after his arrival held a sort of
" roving commission" in the Bervic<» of the Canada Company. On the 23rd of April— St.
George's Day — 18J7, he assisted Mr. Gait in iierforniing the "inaiigural ceremonies" atten-
dant upon the founding of the town of Guelph. He was also largely instrumental in settling
the Huron tract in Upper Canada, and in foiniding the town of Goderich, In 18.33 he
published "Statistical Sketches of Upper Canada, by a Backwoodsman," which was a
useful and readable book in its day. He was returned to Parliament for the first time in
1S41. For some further interesting particulars respecting the Doctor's career, and for a
certified copy of his extra irdinary last will and testament, the reader is referred to "The
Scot in liritisli North America," by William J. Rattray ; Vol. II., pji. 445—450.

Reconstruction.

241

conviction that some underhand scheme was afoot whicli he, in
common with other Independent members, could not support. Mr.
Johnston, of Carleton, followed in a still more vehement strain ;
but all to no purpose. The motion was carried, and the House
soon afterwards adjourned.

Before the appointed Friday the negotiations with Mr. Lafontaine
had been successful, though all the details had not been definitely
settled. Mr. Draper's resignation had been accepted, and Messieurs
Lafontaitie and Baldwin had agreed to accept the offices which had
been tendered to them. There is no need for going over the nego-
tiations and conferences from day to day. On the IGth Mr. Baldwin
voluntarily withdrew his amendment. On the 25th Mr. Aylwin
accepted office as Solicitor-General for Lower Canada. The Govern-
ment was not entirely reconstructed until the end of the short
session, which was brought to a close on the 12th of October. As
then reconstructed the membership was as follows :

The Hon. L. H. Lafontaine, Attorney-General for Lower Canada.

" " Robert Baldwin, Attorney-General for Upper Canada.

" " R. B. Sullivan, President of the Council.

" " J. H. Dunn, Receiver-General.

" " Domiiiick Daly, Provincial Secretary for Lower Canada.

" " S. B. Harrison, Provincial Secretary for Up|)er Canada.

" " H. H. Killaly, President of the Department of Public VVorks.

" " F. Hincks, Inspector-General of Public Accounts.

" " T. C. Aylwin, Solicitor-General for Lower Canada.

" " J. E. Small, Solicitor-General for Upper Canada.

" " A. N. Morin, Commissioner of Crown Lands.

Such important changes as those indicated by the foregoing list
necessarily evoked much criticism from Sir Allan MacNab and his
followers, as well as from those members who called themselves Inde-
pendents. It was not to be wondered at if the in-coming members

i ' f!

242

The Lad Forty Years,

were charged with inconsistency, and if gloomy vaticinations were
indulged in by the disappointed and disgusted Opposition. The
party y)ress of course reflected the party sentiment. " The composi-
tion of the present Cabinet," remarked one of the leading organs of
Conservative opinion in the Lower Province, " is the commencement
of division and ill-feeling in his Excellency's Government in Canada ;
the re-creation of subdued national feelings and irritations, and, we
much fear, the germ of the colonial separation from the mother
country. We are convinced that these results must follow from a
Cabinet composed, on the one hand, of those who have openly and
undisguisedly exhibited their opposition to British connection, and
on the other, of men of republican feelings, or who want honesty
sufficient to retire unreservedly from place, when opposed to prin-
ciple." Yet it was admitted by the adherents of all shades of party
that the French Canadians were faii-ly entitled to be represented in
the Government. If so, they were surely entitled to a voice in the
selection of their representatives, and Mr. Lafontaine had succeeded
to the place once held by Mr. Papineau in the estimation of his
compatriots. In Upper Canada there could be no doubt whatever
that Mr. Baldwin was the popular tribune of the people. These
facts had been admitted by Mr. Draper himself, not only in words,
but by the mere fact of his retirement from office. It may as well
be admitted, without disguise, that the formation of the new Ministry
was to some extent a measure of political expediency. There was
probably not a single member of it who felt unbounded confidence
in all his colleagues. If any one of them had been allowed
to pick and choose, he would without doubt have ordered
things differently. Mr. Lafontaine and Mr. Baldwin would doubt-
less have preferred not to sit on the same benches with Mr.
Sullivan and Mr. Hincks. Mr. Hincks and Mr. Aylwin had
recently, in the coui'se of public debate, used language towards
each other which neither of them could have entirely forgotten

Wvm

Reconstruction.

243

or forgiven. But the members douV)tles!s felt that they had
not been sent there merely to give effect to their personal
likes and dislikes. Something was due to public opinion, and
something was due to expediency. The old members of the Govern-
ment enjoyed the power which proverbially springs from possession.
Had Mr. Lafontaine continued to reject the Governor's overtures,
it was not quite certain that he could have carried the Assembly
with him. The members of the old Ministry who retained their
places were moreover familiar with the duties of their respective
departments. Some of them were exceptionally efficient. Mr.
Hincks was probably the best man in the country for the post of
Inspector-General. Under such circumstances a compromise was
indicated, and finally carried out, with the results already recorded.
At first, as has been seen, there was a fixed resolve to compel the
Ministry to resign, and to this end Mr. Lafontaine declined the
Governor's proposals, in the belief that the resignation would take
place, and that he and Mr. Baldwin would then be asked to form a
new Administration. When the Ministry, however, firmly refu.sed
to resign, Mr. Lafontaine did not deem it prudent to push the
combat d Voutrance. On one ])oint, however, he was firm. He
would not consent to accept office on the condition that the Minister
whom he thereby depo.sed should be pensioned by the in-coming
Government. The old Ministers yielded something in their turn,
and agreed to leave the pension question an open one, with power to
all parties to vote as they thought fit. They also, as will already
have heen inferred, yielded so far as to advise his Excellency to
declare Mr. Sherwood's office vacant, and thus to render feasil)Ie its
acceptance by Mr. Small. And thus matters were accommodated.
The Ministry then formed is popularly known as the first
Lafontaine-Baldwin Ministry, to distinguish it from that of 1848,
called the second Lafontaine-Baldwin Ministry. As matter of fact,
however, the former was not a new Government, but merely a

• Vi

I ,

I ■.

244

The Last Forty Years.

reconstructed one. The statement made by a deceased Lower
Canadian historian* to the effect that the old Ministers retained
their places on condition of conforming to the policy of their new
chiefs is an error. So, at all events, asserts Sir Francis Hincks, the
sole surviving member of that Ministry, and the only person now
living who is entitled to speak upon the subject with full authority.f
In a reconstructed Ministry, in the absence of any stipulation to
the contrary, the precedence of members is detei'mined by the dates
of their commissions. Newly-admitted members, therefore, are
junior to the older ones ; and in strictness, Mr. Lafontaine and Mr.
Baldwin were junior to all the six gentlemen who retained office in
the reconstructed Administration. The wqw Attorneys-General,
however, were the recognized leaders of their respective parties in
the two Provinces, and were the most important members of the
Government ; so that the use of their joint names to designate the
Administration which they directed can hardly be termed a
misnomer.

The reconstruction involved consequences the reverse of welcome
to Messrs. Ogden, Sherwood and Davidson, whose offices had been
declared vacated. Mr. Ogden had accepted the Attorney-General-
ship of the Lower Province at a time when that office had been
technically a non-political one. He had done loyal service to more
than one Governor. At the time when his office was declared
vacant he was absent from the Province on leave. His long and
uninterrupted public services had somewhat impaired hia health,
and within a few days after the close of the session of 1841 a minute
in Council had been passed granting him leave of absence for six
months. This term was subsequently extended by Lord Stanley,

* "Les ministres qui restaient dan8 le Cabinet . . conservaient leur si^','e Ji la condi-
tion da SB conformer t\, la politique de leurs miuveaux chefit." — Louis P. Turcotte: Le
Canada Sous V Union; Premiere Partie, Chapitre II,

t " No such stipulation, nor any other, except on the subject of the pension vote, was
proposed." — See "The Political History of Canada," etc., ubi supra, p. 25.

t./S.

Reconstruction.

24'

the Colonial Secretary, but upon condition that he should be entitled
tf) only halt' his usual salary during his absence. When his otrice of
Attorney-General was declared vacant he was still absent, and ho
was not consulted as to the matter. Within the period covered by
the extended leave of absence he returned to Canada by way of New
York. It was not until he rcuched xVUiany that he learned that his
ofKce had been vacated, and that he had been sacrificed to the exigen-
cies of the Government.* From all which it is apparent that if the
principle of granting pensions was to be admitted at all, it was not
ditlicult to make out a case for him. Mr. Sherwood, of course, had
no claim to a pension, nor did any one dream of demanding one on
liis behalf, as he had accepted office only a few weeks before, and
hail not even been returned to Parliament. Mr. Davidson, however,
had long been in the public service as Commissioner of Crown.
Lands. He had never been in Parliament, and had declined to
enter public life at the Union, when it was suggested to him that his
commissionership might probably erelong be made a Cabinet office.
The time had now come when his office was needed, and it was con-
sidered unfair that such an old and respected public servant should
be dismissed without any provision for his future. His case
was accordingly considered by many persons to be a fair one for a
pension. On the 3rd of October the Governor-General issued a
message to the Assembly on the subject, recommending that a
supei'annuation allowance of a sum not exceeding £G2.) per annum
should be granted to Mr. Ogden, and a sum not exceeding £.500 per
annum to Mr. Davidson, '.'to be enjoyed during life, urdess hereafter
they shall hold under Government any office or e([uivalent of greater
value within the Province." On the day before the close of the
session Mr. Hincks moved that the message be taken into considera-
tion by the Assembly, but the House was not in a pensioning

•Soe "Tlie Hiinilile Petition of Charles Richard Ogden, late Attorney-General of
Canada,"' presented to Her Majesty in 1848.

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216

The Last Forty Years.

mood. An amendment, proposed by Mr. Neilson, to the effect that
the Governor's message should be taken into consideration next
session, was carried by a vote of thirty-five to fifteen. Messieurs
Lafontaine and Baldwin both disapproved of the motion, but were
not present when the vote was taken, both of them being absent
in their respective constituencies;* it being necessary under Re-
sponsible Government, that they should be reelected after taking
office in the Government. The difficulty regarding the pension
matter was finally got over by the appointment of Mr. Davidson
to the office of Collector of Customs at Hamilton, and by the
appointment of Mr. Ogden by the Imperial Government to the
Attorney-Generalship of the Isle of Man. The latter appointment,
however, was not made until considerably more than a year J.ad
elapsed.

As for Mr. Sherwood, although there was no question of pension-
ing in his case, he naturally felt that he had been treated with but
scant consideration. At the time when he had agreed to accept
office he had presented to the Governor- General a memorandum
containing a statement of his political opinions. In that memoran-
dum he had represented himself as being actuated by Conservative
principles. He had declared his views to be opposed to those of some
members of the Executive Council, but professed that he felt it to
be his duty to assent to the proposal of Her Majesty's representa-
tive in Canada to take part in the Administration ; reserving to
himself, nevertheless, the option of voting as his judgment might
dictate upon the question of the Lower Canadian elections alleged
to have been carried by unjustifiable means. With regard to all
other questions he had declared that in the event of his acceptance

•Sir Francis Hincks in of oijjnion that "umler different circumstances neither Mr.
Lafontaine nor Mr. Baldwin woidd liave disputed the propriety of awarding peimions to
two ok' public servants deprived of their offices owin;,' to the introduction of a new
principle .' ' overument."— See the "Lecture" already frequently ouoted from, p. 2G.

Reconstruction.

247

of office he should feel himself bound to support any measure deter-
mined upon by a majority of the Council in accordance with the
views of his Excellency, or else to resign office. This conduct on
the part of Mr. Sherwood was frank, open, and straightforward. The
Governor fully concurred in the terms of the memorandum, and Mr.
Sherwood was sworn in as Solicitor-General accordingly. He was
soon afterwards directed by his Excellency to proceed, in his capa-
city of Crown Officer, to St. Catharines, to investigate and report
upon certain disturbances which had arisen there. He departed on
his mission, and it was while he was acting in tlie discharge of this
public duty that the reconstruction tuok place. Having completed
his investigations, he started from St. Catharines for the seat of
Government, being still unaware of the chanrres in the Administra-
tion. Upon reaching Toronto he received from a personal friend at
Kingston, on the night of Wednesday, the 14th of September, a copy
of the letter of the Governor-General to Mr. Lafontaine dated the
previous day. In tliat letter, as has been seen, tlie Governor made
an attempt to keep Mr. Sherwood's office open until that gentleman's
arrival at Kingston, doubtless with a view to attbrding him an
opportunity to resign. Mr. Sherwood, however, did not wait to
reach Kintrston, but at once wrote out his resignation, being well
assured that that would be the most effiictual means of preserving
his dignity. The letter of resignation was not forwarded, as the
Solicitor-General was about to leave for Kingston without delay,
and preferred to place it in his Excellency's hands in person. Upon
reaching Kinffston he found that lie was too late, and that his
office had not only already been declared vacant, but had also been
filled up. He felt indignant that he should thus have been super-
seded without notice, and wrote a K)ng letter to his Excellency
expressive of his feelings. The Governor doubtless felt that " im-
patience hath his privilege," and replied in a conciliatory manner.
And thus ended Mr. Sherwood's connection with an Administration

248

Tlie Last Forty Years.

in which he ought never to have accepted a place. His political
career, however, was not at an end. As will hereafter be seen, he
was (Jestinetl to be successively Solicitor-General and Attorney-
GenerpJ for Upper Canada.

Mr, Lafontaine, upon returning for reelection to his constituents
in North York, was returned by a flattering majority of more than
two hundred votes over his opponent, Mr. William Roe, of New-
market. Mr. Baldwin did not fare so well. He was opposed in
Hastings by Mr. Edmund Murney. At this election the total
number of votes polled was 915. Of these, 482 were recorded for
Mr. Murney, and only 433 for Mr. Baldwin, who was therefore
defeated by a majority of forty-nine. The most glaring bribery
and corruption were practised during this contest. Ruffiaiiism was
rampant, and mob-law prevailed to such an extent that many
electors, after being beaten and otherwise maltreated, were forcibly
prevented from recording their votes.* It happened just after this

*The outrageous proceedings at this election rendered it a memorable event in the
history of the county of Hastings. It seems incredilile that such scenes should have
taken place in a well-settled, and presiimalily well-civilized community in Upper Canada
leas than forty years since. The ruffianism which prevailed during two days is thus
described in the Prince Edward Oiizrtle, the proprietor of which visited Relleville for the
puri)ose of obtaining accurate information on the spot: "On Wednesday [the 5th of
October] it appears that bodies of voters, armed with bludgeons, swords, and tire arms,
generally consisting of men who had no votes, but .attached to opposite parties, alternately
succeeded in driving the voters- of Mr. Baldwin and Mr. Murney from the poll. In the
mel^e which took place several persons were severely wounded. One man, named
Coverly, liad his arm nearly cut <iff liy the stroke of a sword, and two others, named
Curtis and Madden, are not expected to live, from the blows which they received. Tw.<
brothers, of the name of O'Brien, one of whom keeps a tavern, were serioosly injured.
The tavern-keeper had the windows of hia house knocked in by those to whom he was
opposed. All tlie persons injured, whom we have menti<mod, were the supporters of Mr.
Baldwin, but we understand that the riotous proceedings were about as great (m the one
side as on the other. On Wednesday the poll was closed about three o'clock p.m. In
the course of the aftornooti it was deemed exjjedient by the magistrate of Belleville and
Mr. Baldwin to send down to Kingston for a, detachment of troops, for the preservatitm
of the pulilic peace. In the course of Thursday [the dth] two attempts were made to open
the poll, but, from the violent conduct of the i)eople it was closed immediately, before
even a single vote could be taken. On the arrival of the troops, on Thursday afternoon,

I III

TUE HON. THOMAS MOSS.

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a
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BllOCKS MONUMKNT, QUEPJNSTON HEKJUTS.

THE HON EDWAllD BLAKE.

TUE HON. SIR UHAULES TUPPER.

I'j?-'!

'^t.

€'

Reconstruction.

249

time that a new election became necessary in the Second Riding ot
York, in consequence of the return of the sitting member, Mr.
George Duggan, having been pronounced void. Some of Mr.
Baldwin's friends rashly put him forward as a candidate without
his knowledge or consent, he having meanwhile decided on run-
ning for a Lower Canadian constituency. He did not visit the
constituency pending the canvass, and his interests were not even
judiciously attended to in his absence. That he should be beaten
under such circumstances was almost a foregone conclusion. Mr.
]3uoc;an asain offered himself to his constituents, and on the
22nd of November was returned by a majority over Mr. Bald-
v>'in of forty- three votes. Mr. Baldwin may thus be said to have
sustained two successive defeats, although as matter of fact he
never sanctioned the action of his friends in putting him for-
ward for the second constituency. His consistent championship
of his Lower Canadian allies was then acknowledged by the
latter in a very practical shape, several Lower Province con-
stituencies being at once placed at his disposal. He would have
had no difficulty about securing a return in an Upper Canadian
constituency, but he showed his appreciation of the good offices of
his eastern friends by selecting the county of Rimouski, where
the sitting member, Mr. Borne, made way for him. On the 30th
of January, 1843, he was declared elected. The anomaly was thus
presented of the Upper Canadian leader sitting for a Lower
Province constituency, and the loader of Lower Canada sittinw
for a constituency in the Upper Province. Mr. Aylwin had it
all his own way in Portneuf, where he was reelected without
opposition. Mr. Small, thr new Solicitor-General for Upper
Canada, was opposed in the Third Riding of York by Captain
John Simcoe Macaulay, whom he defeated by a considerable

consisting of a body of one hiiadred and fourteen men of the 23rd, under the command of
Captain Crutchley, the town was restored to comparative good order."
17

jii

250

The Last Forty Years.

majority. Last, but by no means least among the new Ministers,
came Mr. Morin. His portfolio of Commissioner of Crown Lands
had previously been offered to his fellow-countryman, Mr. J. J.
Girouard. That gentleman had been charged with active participa-
tion in the Lower Canadian Rebellion, and a reward of five hundred
pounds had been paid for his apprehension. He was a popular
man among his compatriots, and his appointment to office would
have been gratifying enough to their feelings, but he himself saw
fit, for personal reasons, to decline the overture.* The portfolio was
then tendered to, and accepted by, Mr. Morin, who was returned for
the county of Saguenay, which ''onstituency was rendered vacant
by the appointment of the sitting member, Mr. Etienne Parent, to
the post of Clerk of the Executive Council.

Such were the changes brought about by the reconstruction of
1842. The newly -formed Government was a strong one ; so strong
that anyone unfamiliar with the chances and changes of political
life might naturally have predicted that it would be able to make
light of any opposition that could be brought to bear against it for
years. In a House of Assembly containing eighty-four members
the Opposition could not muster more than twenty-eight, consisting
exclusively of the Conservatives of the two Provinces — arrayed
under the banners of Sir Allan MacNab and the Hon. George
Motfatt — and of the two or three members calling themselves Inde-
pendent. When Parliament next met the twenty-eight had shrunk
to twenty-four, and Mr. Sullivan, the President of the Council, who
for some years previously had been more of a Conservative than
anything else, was able to boast that the Government had its foot
firmly planted upon the neck of the Conservative party. The
Conservatives of both Provinces were naturally depressed, and the

* Mr. Girouard was the gentleman to whom Mr. Lafontaine's incautious letter had been
addressed, as narrated ante, p. 231. The text of the letter, in English and French, may
lie read in the columns of the Montreal Gazette for February \H,h, 1843.

Reconstruction.

261

Reformers were proportionately elated. The French Canadians
were especially jubilant at the turn of affairs. Heretofore, since
the Union, they hau been excluded from all share whatever in the
conduct of public business. They now saw their leader the actual
leader of the Government, and another highly-esteemed compatriot
holding the important office of Commissioner of Crown Lands, For
the first time for years they began to contemplate the situation
with some degree of complacency, and to ask each other whether
it might not be possible, after all, to regard the Union of the
Provinces as a yoke possible to be borne with composure.*

* The French Canadian view of the situation id very clearly depicted by Mr. Turcotte :
"L'Union ^tait toujours uu mal, mais un mal d'oi pouvait resulter le bien : car le
gouvernement reaponsable donnait au peuple un Element suffisant do reparation pour le
pa8S(5 et pour le prdaent et de garantie pour I'avenir. D'ailleurs, avec les concessions faites
par Sir Charles Bagot, I'Union pouvait ^tre tolt^nV par les Canadiens-Fran9ai8, tout en
travaillunt k Tamender autuut qui posaiblo." — Lc Canada Houa I'Union, Premiere Partie,
p. 14L

Chapter XII.
THE SHADOW OF DOWNING STREET.

"Sir Charles Bagot succeeded in reconciling and attachiriK to the British Government
. . people whose affections had been in a great degree alienated by former misgovorn-
ment. The test of hia c acity for the high office which he held was his complete
success. The evidence of that success is to be found recorded in the journals of tbs
House of Assembly, where opposition was absolutely liilenced ; it is to be found in the
addresses that poured into him, not from a party or faction, but from a united people ; it
was manifested in the heartfelt prayers put up for his recovery when he was languishing
on that bed of sickness which he never left."— Letter of "A Canadian," dated August
13th, 1844, and published in the Morning Chronicle (London).

^ HE legislation of the second session under the Union was
not of permanent historical importance, and may be
passed over with very brief mention. The Acts passed
were thirty in number, in addition to two which were
reserved for the further signification of Her Majesty's
pleasure thereon.* Among the most important meas-
ures which became law was an Act to provide for the freedom of
elections, and to prevent such unseemly passages of arms as had
just taken place in the county of Hastings, as mentioned in the
last chapter. Some of its clauses were marked by what seemed to
many of the old-fashioned voters of those days to be unnecessary
severity. It was enacted that any person convicted of a battery
committed during any part of any day on which an election was
held, and within two miles of the hustings, might be fined twenty-

•One of these reserved Acts was to impose a duty on foreign wheat imported into
Canada. It in due course received the royal Bauotion, and became the law of the land.

The Shadow of Downing Street.

253

five pounds, and imprisoned for three calendar mouths, or either, in
the discretion of the Court.* The penalties in case of bribery were
heavy, and candidates were prohibited from paying even the com-
mon expenses incidental to an election, such as the hiring of wagons
to convey voters to the polls. The exhibiting of any ensign, stan-
dard, colour, flag, ribbon, label or favour whatsoever, or for any
reason whatsoever, oi for any election, on any election day, or within
a fortnight before or after such day, was prohibited under a penalty
of fifty pounds and imprisonment for six months, or either .•}• The
Act had the desired effect of making an orderly and decorous
election contest possible, and of enabling an honest voter to exercise
his franchit without running the risk of losing his life or of being
deprived of the use of his limbs.

Another measure of importance was an Act to make uniform
the law for vacating the seats of members of the Legislative
Assembly accepting office. The ancient boundaries and limits

* It may be interesting, and even instructive, for readers of the present day to see a
specimen of the worst and most unfair si)ecies of criticism to which public men and meas-
ures were subjected in those times. The following were the Toronto Patriot's editorial
remarks on the clause referred to in the text :— " Oh rare and inimitable legislation ! Oh,
most profoimd and wisest of nil long-eared law-givers ! A scoundrel may insidt or strike
an honest man, or try to force his way into his house, on the morning of some election held
two iiiilea off, and if the latter very properly knocks him down, he is fined tweuty-fi\e
pounds and sent to gaol for three months under Mr. Attorney-General Baldwin s most
merciful and sapient Act of Parliament."

t" So that any body of honest electors who for a fortnight after any election (being a
period of one month,) shall dare to hoist the Union Jack of Old England, or wear a green
or blue ribbon in the button-hple, shall be fined fifty pounds, or imprisoned six months, or
both, under Mr. Baldwin's Election Bill! We defy the whole world to match this Bill for
ridiculous enactments and for grinding and i-.. supportable tyranny. In British annals it
has no parallel since the days of the Curfew —when our French invaders, assisted by
domestic traitors, bound down the old Saxon race in the most degrading servitude— when
after the tolling of the evening bell the hearthfires and lights throughout the broad bounds
of Merry England were extinguished at the whim of a foreign tyrant." — lb. Strange to
say, such rhodomontade as this passed current with many people for sound, sensible
argument.

254

The Last Forty Years.

of the cities of Quebec and Montreal were restored, and certain
Ordinances of the late Governor and Special Council of Lower
Canada were repealed. Much of the legislation simply repealed or
amended measures which had come into operation under Lord
Sydenham,* and there was a manifest desire to legislate in such a
manner as to conciliate the French Cj.nadians. There was a good
deal of agitation during the session on the Seat of Government
question, and resolutions were passed by a majority of forty to
twenty to the effect that Kingston was not a desirable place for the
capital of the Province. The changes in the Administration had
been of such importance that it was deemed wise to make the
session a very short one, as it was h'^peless for the reconstructed
Government to attempt to formulate a wise or carefully-considered
policy while the Legislature was actually in session.

Parliament was prorogued at one o'clock in the afternoon of
Wednesday, the 12th of October, after a session of less than five
weeks. His Excellency's Speech was very short, and indicated an
early rea-jsjembling. It concluded by the expression of a hope that
the members, upon their return to their homes, would use their
influence in promoting unanimity and good feeling in their respec-
tive districts. The Governor-General seemed to be in the enjoy-
ment of excellent health, and it was remarked of him that he was
more at home with his duties than he had appeared to be at the
opening of the session. " He was accompanied to the House," says
a flippant newspaper writer of the period, "by a guard of the
Lancers, and received by a company of the Third Fusiliers, amid
the roar of cannon and a general uncovering of upper works.
He acquitted himself of his duties creditably, and returned to his

* "Ainsi, presque toutes lea grandei meaures de Lord Sydenham et du conseil apdcial
furent ou rappel^s ou amend^es, de mani^re k satisfaire le peuple." — Le Canada Sous
r Union, Premiere Partie, p. 131. "Presque toutes," however, is a somewhat stronger
statement of the case than the facts warranted.

Ell " "■ 't ;'

The Shadow of Downing Street.

255

domicile instantly after the ceremony."* It was remarked of his
Excellency that he seemed to have grown younger since his arrival
in Canada, and that he was evidently destined for a green old age.

The indications were illusory. Scarcely had the session been
brought to a close when the Governor's health began rapidly to
decline. Early in November he was prostrated b^ a severe and
dangerous illness. One physician pronounced his disease to be
dropsy. Another declared it to be hypertrophy of the heart. Both
proved to be correct. There was a general breaking-up of the con-
stitution, and though the patient rallied once or twice it soon be-
came apparent that his eai ..aly career was nearly run. Parliament
had been prorogued until the 18th of November. The Governor's
ill-health rendered a further prorogation necessary. His medical
advisers recommended, as the most effectual means of prolonging his
life, that he should at once return to England, or that he should at
least repair to some land where he might be subjected to a less
trying climate than that of Canada in winter. The first recom-
mendation harmonized with his own inclinations and those of his
family, and he lost no time in requesting his recall. Long before
any reply could be received from the Imperial authorities, however,
lake and river navigation had closed, and winter had set in with
unusual severity. The inclement season did its work upon his
debilitated frame, and he was soon too weak to undertake the
journey. He bore up with such fortitude as he could command,
and transacted business with his Council whenever he felt able to
do so, but in the actual work of carrying on the Government he
W8 . able to take but a very slight share.

Before the close of the year it began to be rumoured in political
circles that the exciting cause of Sir Charles Bagot's illness was
worry and anxiety of mind, induced by animadversions on his

•"H.," in the Montreal GazttU of October 15th.

256

The Last Forty Years.

conduct from the Home Office. How far these animadversions were
really responsible for his condition it is difficult to say. As has
already been intimated, he had never enjoyed a vigorous constitution,
and he was at this time sixty years of age. Still, he had always
lived regularly, and, unlike his predecessor, whose habits were not
in all respects conducive to longevity, he had husbanded his physi-
cal resources by a careful observance of the laws of health. Up to
a few days before his first attack he had seemed to be so vigorou/
and buoyant that he was complimented by members of his family
upon having renewed his youth. It is certain that on the very day
before his prostration he had received an official communication front
Lord Stanley, the Colonial Secretary, and that he had been greatly
aniujvtd and worried thceby. The contents of this missive, and
of subsequent missi v cs from the r.ame quarter, have never been given
to the world, but there can be little doubt that they contained severe
censure of his action with reference to the change of Ministry. The
particular ground of censure can only be guessed at, but liord Stanley
at this time looked with no favourable eyes upon Responsible Gov-
ernment as applied to Canada, and it is at least probable that he was
averse to seeing persons placed in power in this country whose
loyalty had so recently been, to put the matter very mildly, open to
grave suspicion. Downing Street was leas indifferent to Canadian
affairs than it had been prior to the publication of Lord Durham's
Report, but it could not be expected to understand the position of
matters here as well as Sir Charles Bagot, who had spent ten months
in acquiring a knowledge of the political needs of the country. The
London Times, which then, as now, was culpably ignorant on every-
thing relating to Canada, lectured the Governor with patronizintr
sternness for having taken Mr. Lafontaine, " a man who had had a
price set upon his head," into his Council. The Imperial assent to
the Governor's request for his recall, however, was not understood
as implying any censure upon his conduct, but merely as a compli-
ance with his will, imposed by the declining state of his health.

The Shadow of Downing Street.

257

The Opposition press of Canada, which had assailed Sir Charles
with merciless rancour ever since the reconstruction of the
Administration, did its utmost during the closing months of his
life to disseminate erroneous views as to his character. It is
possible enough that in many instances these views were honestly
entertained, but that they had no solid foundation must be
apparent to all who will take the trouble of careful investi-
gation. It was represented that the Governor was a man of
feeble will and capacity, and that he was a mere puppet in the
hands of the members of his Council. Even the most ral 'd
of his assailants admitted that he was "a good and excellent
man, with so much station and character as should prevent public
indignation from rejecting him ; " but it was charged that he was so
slenderly endowed intellectually as to be " incapable of detecting any
intrigue, or resisting any pretension." No evidence of these asser-
tions has ever been offered to the public, and the known facts all
point to a different conclusion. It is true that he had no pretensions
to commanding talents or brilliant statesmanship, but his abilities
were at least of a respectable order, and his long career in the public
service had given him a knowledge of the world and a familiarity
with departmental details which afforded him great advantages in
his capacity of a constitutional Governor. He proved that he was
at least great enough to rise above the trammels of party. He was
a Conservative by descent, by training, and by predilection. He
found the tone of Conservative society in Canada much more
to his taste than that of the Reformers. He was jealous for
the prerogatives of the Crown. Yet he did lot hesitate to call
to his Council, and to work cordially with, persons of the
opposite extreme of political opinion, when he found that such
persons enjoyed the popular confidence. He acted up to the spirit
of the resolutions passed by the Assembly in September, 1841.*

ViJ\

*See ante, p. 150.

258

The Last Forty Years.

He refused to render Responsible Government in Canada a nullity,
merely because his own sympathies would never, perhaps, have led
him to originate such resolutions. As has been said of him by a
Canadian historian, he " went on the broad principle that the con-
stitutional majority had the right to rule under the constitution."*
The constitutional majority included persons whose political opinions
were widely different from his own, but that fact did not seem to
him to afford any reason why he should run counter to the d.idared
principles of the constitution itself. Had the Conservati^'e party
been in the ascendant, his task would doubtless have been far
more congenial to him than it was under the state of things which
actually existed. It would also have been far more easy, for the re-
construction of the Ministry could have been accomplished without
either trouble or delay. As it was, the reconstruction rendered
much deliberation necessary, as well as much apparent waste of
time. The delay which occurred was in a measure due to his
desire to conciliate the Conservatives.-f After postponing the
meeting of Parliament until further postponement was not to be
thought of, he called the Houses together. No sooner were the
members in their places than it was made apparent that under no
conjunction of circumstances whatever could the Conservatives be

* See MacMuUen's " History of Canada," p. 497.

t"To place the leaders of that [the Conservative] party in power, he would have
resorted to any constitutional steps. He consulted with them ; he obtained their opinion
as to the result of a dissolution of Parliament ; and, finally, he offered office to the only
one of them [Mr. Sherwocd] who would accept it on such terms as it was in hie power to
ofiEer. He postponed the meeting of Parliament almost to the last moment, in the vain
hope of making some arrangement by which he could at the same time secure the necessary
Parliamentary support for his Government, and obtain the assistance of the leaders of that
party to which he was personally attached. To effect this object he would have sacrificed
those members of his Ministry who could not have acted with the Tories. One thing he
would not do, and that was to quarrel irrevocably with those who were possessed of public
confidence, and either suspend the constitution or dissolve Parliament, when the leaders
of the Conservative party themselves admitted to him that they had no hope of success by
an appeal to the people."— Letter of " A Canadian," in the (London) Morning) Chronicle.

! IM ,•

The Shadow of Downing Street.

269

induced to support the Government as it stood. The Conservative
leaders from both Provinces — Sir Allan MacNab, Mr. Cartwright,
and the Hon. George Moffatt — at the same time admitted their
inability to form an Administration which could hope to command
the support of Parliament. The ablest Conservative in the country
— Mr. Draper — already held office in the Government. He was wise
enough to comprehend the situation, and though he was very
reluctant to resign his portfolio, he gave to the Governor the best
advice in his power — well knowing, at the same time, that if his
advice were followed he could not hope to retain office in the same
Government with Mr. Baldwin. His counsels prevailed, and the
result was the formation of a Government so strong that, as has
already been intimated, it seemed impregnable. It is now admitted
on all hands that Sir Charles acted wisely, and that if he had acted
otherwise he would soon have found himself in a position somewhat
analogous to that in which we shall hereafter find his successor, Sir
Charles Metcalfe. Such a result, however, though clear enough to
us at thif day, was by no means perfectly obvious at the time ; and
the fact that the Governor-General had the sagacity to take in the
main points of the situation, and to forecast the probabilities of the
future, affords evidence that he was not, as has been alleged, a mere
weak puppet, liable to be driven hither and thither at the will of his
advisers. A weak, a vacillating, or even a stubborn man, would
have been almost certain to blunder at such a crisis. He would not
have seen the wisdom which lurked in the counsel of the Attorney-
General. He would have been very likely to enact the rdle of
Charles I., and to set himself up in opposition to public opinion, as
we shall find his successor doing a year later.

That he exhibited weakness after the hand of disease had been
laid heavily upon him is undeniable ; but the weakness, even then,
was physical rather than mental, and there is no evidence that it was
ever abused by his Councillors. So far as can now be ascertained.

260

The Last Forty Years.

the relations between him and them seem to have been of a frank
and cordial nature.* Whenever the state of his health admitted of
his taking a share in the active duties of Government, he seems
to have done so. That his Ministers did not press work upon him
when he was physically unfit for work, is very probable. It is
also probable that they took more upon themselves than they would
have presumed to do if the Governor had been in good health ; but
that they should do so was a necessary incident of the position in
which they found themselves, and forms no ground for censure, or
even for criticism. After Sir Charles became so much prostrated
as to be unable to transact even the most formal functions of Gov-
ernment, all matters of great importance which required Executive
action were held over until the arrival of his successor.

In the middle of February, 1843, it became known in Canada
that Sir Charles Bagot's request for his recall had been granted, and
that Sir Charles Metcalfe, late Governor of Jamaica, had been
appointed in his stead. Before entering into particulars respecting
Sir Charles Metcalfe's appointment, and his subsequent Administra-
tion of affairs in Canada, the little that remains to tell about Sir
Charles Bagot may as well be chronicled. The Governor had not
yet relinquished the hope of living through the winter, and of pro-
ceeding to England in the spring. His successor reached Canada
towards the end of March, and on the 30th of the month the reins
of Government were surrendered into his hands by the retiring
Administrator. Just before relinquishing his authority Sir Charles
Bagot held his last Cabinet Council. He was compelled to receive
the Ministers in his bedroom at Alwington House, for he had become
too weak to leave his bed. He bade them a cordial and tender
farewell, accompanied by an earnest injunction to defend his

* "His uniform frankness and cordiality had so won upon his Ministers that there was
not one of them that would not have gone the utmost length in his power to meet and
lorward his views." — Letter of "A Canadian," in the (London) Morning Chronicle,

The Shadow of Downing Street.

2G1

meTnory. He doubtless anticipated trouble between the new Gov-
ernor and the Ministry, in which case his own conduct would not
improbably come in for serious animadversion. The tone of hif^
communications from the Colonial Secretary for some months past
had been such as to satisfy him that he need expect no defence from
that quarter. He doubtless felt that his conduct was capable of
being defended, and that the proper persons to undertake that
task were his sworn advisers. The interview is described as
being a very affecting one, and it is said there was not a dry eye in
the room. Such a scene would not have been likely to take place
if the Governor had, as alleged by the Opposition press, been smart-
ing under a sense of tyranny and injustice on the part of his
Ministers.

Sir Charles Metcalfe did not disturb Sir Charles Bagot and his
family in their occupation of Alwington House. The invalid was
soon compelled to relinquish the hope of dying in his native land.
He grew weaker and weaker from day to day. He lingered until
three o'clock in the morning of Saturday, the 19th of May, when
his earthly sufferings were terminated by death. His remains were
conveyed from Kingston to England by way of Oswego and New
York. They were honoured with marked tokens of respect while
passing through the United States. His memory was long cherished
with warm affection by French Canadians of every degree, and he
is not yet wholly forgotten by them. He was the first Governor-
General to mete out to them even-handed justice, and they were
not insensible to the wise and impartial policy by which his Admin-
istration was characteirized. The British press on both sides of the
Atlantic, without distinction of party, bore testimony to his personal
good qualities, and mourned hi.s death.*

* To this there were several exceptions. The Toyonlo Patriot, which, as will have been
inferred from pre vious quotations, was the deadly and uncompromising enemy of the
Administration, referred to the dead Governor as an imbecile and a slave. Major

mr-

I ii

'^-' ' '^:i

262

The Last Forty Years.

Lady Mary, with her family, returned to England immediately
after her husband's death. She survived him less than two years,
and died on the 2nd of February, 1845.

Richardson states that "other journals, even less guarded in their language, boldly pro-
nounced a wish that his death might free the country from the state of thraldom to which
it had been rsduced."— See "Eight Years in Canada," p. 213.

I l^ ■

Chapter XIII.
SIR CHARLES METCALFE.

" A tallow dip !s an excellent thing in the kitchen candlestick. It is only when you
stick it in silver and introduce it into the drawing-room that it seems dim and ineffectual.
Alas for the worthy man who, like that candle, gets himself into the wrong place." —
Geobok Eliot • Scenes of Clerical Life.

IR CHARLES THEOPHILUS METCALFE, the statesman
who had been appointed to succeed Sir Charles Bagot as
Governor-General of Canada, had passed many years of an
industrious life in the Civil Service of India, and had more
rc.;!ntly administered the Government of Jamaica. In
both hemispheres he had won a high and honourable reputation, not
only in various official capacities, but also as a man. The testi-
monials to his efficiency as a public servant, as well as to his intel-
lectual and moral worth, were strongest and loudest where he was
best known. " The ablest civil servant I ever knew in India," said
Macaulay,* " was Sir Charles Metcalfe." " In his public career," said
Lord William Bentinck,-f " I think no man has shown greater recti-
tude of conduct, or more independence of mind. . . We served
together for nearly seven years ; his behaviour to me was of the

• In a speech delivered in the House of Commons on the second reading of the India
Bill. In consequence of his being compelled to bring this masterly effort to an abrupt and
premature conclusion, Macault-y did not judge it worthy of a place in the collected edition
of his speeches. The reader will find some of the most salient passages of it, including
the above tribute to Sir Charles Metcalfe, in Trevelyan's "Life of Macaulay," Harpers'
Library Edition, Vol. II., p. 287, et i^q.

+ In a letter to Lord Melbourne. See Kaye's "Life of Metcalfe," revised edition, VoL
II., p. 233.

fv 1

n -M

-m

2G4

The Last Forty Years.

noblest kind. He never cavilled upon a trifle, and never yielded to
me upon a point of importance." In Jamaica the encomiums lav-
ished upon him were all pitched in the same key. When he em-
barked for England, after resigning the Governorship of that island,
crowds of people of all classes attended him to the place of embark-
ation to bid him "God-speed." The old island militia-men volun-
teered to form his escort. The coloured population knelt to bless him.
"All classes of society and all sects of Christians sorrowed for his de-
parture ; and the Jews set an example of Christian love by praying
for him in their synagogues."* " The universal voice of the colony
seemed to be lifted up in a chorus of benediction." ■{• After his
departure the people erected a statue to his memory in the
public square of Spanish Town. Upon his return to England
the Colonial Society presented him with an address in which it
was declared that Colonial Governments could never thereafter
be conducted on any other principles than those of his administra-
tion. J His kindly nature, his open-handed benevolence, and his
noble generosity of heart left their impress behind them whither-
soever he went, and love for the man was as profound as was respect
for the just and right-minded administrator. His reputation had
steadily grown with his incieasing years, and his praise was in the
mouths of all men. His name was well and favourably known in
every land where the supremacy of Great Britain was acknow-
ledged, and when it wsis announced in this country that he was to be
Sir Charles Bagot's successor in the Governor-Generalship the intel-
ligence was received with a feeling akin to pride § England, it
was said, had at la-st given us of her best.

• See Kaye's ' ' Life," p. 303. + 76. , p. 300. X lb. , p. 304.

§ " Perhai)8 there had ntiver been a previous instance of a Governor — a personal stra .ger
to tliose whom he was about to govern, an<l yet sei)aratetl from tliem by an entire ooean—
obtaining such a hold upon the affections and good will of a people, as Sir Charles Met'
calfe did, from the very moment that his name w.os c<mfiilently mentioned as the future
Governor-General of Canada."— £i7A< Ycart in CuHudu, by Majot lUchardson, p. 211.

Sir Charles Metcalfe.

265

Tha facts of his early life may for the purposes of this work
be briefly stated. Me was born at Calcutta on the 30th of
January, 1785, and was the second son of an English gentleman
of much wealth, named Theophilus Metcalfe, a Major in the Bengal
army, and a Director in the East India Company. He was
from infancy destined by his parents for the Company's service,
and, as was usual in the case of youths of his rank, he was sent
home to England to be educated. He stood well in his classes at
Eton College, and was known for a jovial-hearted, generous boy,
although somewhat self-willed, and fond of having his own way.
He returned to India in his sixteenth year, and was soon afterwards
appointed to a writership in the service of the great Company.
This position he filled for about seven years, when he was appointed
to the charge of a mission to the court of Lahore, where he suc-
ceeded so well that other high offices of trust were conferred upon
him. He rose steadily and surely, and in 1827 took his seat as a
member of the Supreme Council of India. By the death of his
father and elder brother he had meanwhile succeeded to the family
estates and title, and had become Sir Charles Metcalfe. Additional
wealth and honour awaitec' him at every step in his career. Upon
Lord William Bentinck's resignation of the Governor-Generalship
of India in 18.34, Sir Charles was provisionally appointed to that
position, which he filled until the arrival of his old schoolfellow,
Lord Auckland, as Governor-General, in 183G. During this interval
he brought about many liberal and much-needed reforms, one of
the most important of which was the emancipation of the Indian
press from certain embarrassing restrictions to which it was liable
to be subjected by any Governor who might be despotic enough to
enforce them. By this one act he won the lasting gratitude, not
only of the press itself, but of the countless thousands of whase
sentiments the press was the exponent. Upon Lord Auckland's

arrival Sir Charles sailed for England, where he took up his abode
18

h^:

266

The Last Forty Years.

at Fern Hill, an estate which he had inherited from his father, and
which is situated near the historic old town of Windsor. He had
never married, but he had near relatives to whom he was fondly
attached, and who fully reciprocated his affection. In their
society he passed most of his time, and he looked forward to
spending the evening of his life among them. But he was
not destined to enjoy a long retirement. In the summer of 18.39,
just as he had begim seriously to contemplate the step of entering
the House of Commons, he was prevailed upon by the Ministry
of the day to accept the post of Governor of Jamaica. The Govern-
ment in that island was in a very disorganized condition, and pre-
sented little inducement to any man who had the option of living a
life of dignified leisure, as had Sir Charles Metcalfe. A war of races
prevailed there, and the coloured population were declared to be
unmanageable except as slaves. Sir Charles accepted, however;
partly with the hope of adding fresh laurels to his crown, and
partly, no doubt, from a high sense of duty, and a desire to render
service to the State. The result was such as fully to satisfy any
ambition which he could reasonably have entertained. He con-
verted strife and disaffection into peace and loyalty, and this not
by rule of thumb, but by the exercise of a systematic justice. He
made himself beloved by all classes of society. After administering
the Government between two and three years he had the proud
satisfaction of leaving the island in a state of tranquillity. How
he was honoured upon his departure ha? already been told.

His resignation was due to the ill effects of the climate upon his
constitution, and to the progress of a pe,inful and serious disorder
by which he had long been afflicted — cancer of the left cheek. This
malady had begun tc manifest itself some years before his departure
from India, but its real nature had not been suspected until it had
made considerable progress. After his arrival in England from
Jamaica he submitted to a painful operation at the hands of Sir

"IN

Sir Charles Metcalfe.

2G7

Benjamin Brodie and other surgeons of experience. The anguish
he endured was great, but he bore it with the fortitude of a man
who, in governing others, had learned the art of governing himself.
The result of the operation seemed to be very satisfactory, and for
a while it was hoped that all danger to life was over. The terrible
disease, however, had merely been checked in its progress, and it
remorselessly bided its time.

Early in January, 1843, it began to be whispered in English
political circles that Sir Charles Metcalfe was to succeed Sir Charles
Bagot in the Governorship of Canada.* The rumour proved to be
true. And in order that some plausible solution of subsequent com-
plications may be arrived at, it is necessary to inquire somewhat
narrowly into the circumstances attendant upon his appointment.

And first, a word as to Lord Stanley, the Colonial Secretary.
This distinguished member of a noble and historic English family
held office by virtue of his talents, not less than by his high social
position, and the amount of Parliamentary support which he could
command. Though an aristocrat by descent and by natural ieanings,
he had opinions, of his own, to which he was not afraid to give
expression. He had at one time been (theoretically) one of the
most radical of Whigs, and had taken no undistinguished part in
the debates in favour of the Reform Bill. As Chief Secretary for
Ireland in Earl Grey's Administration he was responsible for two
bold measures — one relating to national education ; the other to the
Irish Church temporalities, which resulted in the abolition of ten
Irish bishoprics. The natural tone of his mind, however, was

"^ %.

*"The report had been mentioned at a dinner party at which Mr. [Edward] Gibbon
Wakefield was present, and that gentleman, who was as well versed in colonial politics as
any irian in the country, had asked Mr. Manjfles, who was another of the party, if he were
a frion(^ of Sir Charles Metnalfe, to inform liira that neither he nor any other statesman
would not wtj^ely in aoceptinu: the Governor-Generalship of Canada without makinfir certain
stipulations with, and receivmg certain powers to act .'rom, the Home Ministry." — Kaye's
We o; Metcatjc, Vol. II., p. 312.

iiM

268

The Last Forty Years.

eminently Conservative, and his secession from the ranks of the
Keforra party sooner or later was inevitable. His mind was not
receptive of new ideas. He was an elegant and accomplished
scholar, proficient in the classics, and somewhat inordinately fond
of airing his classical attainments in the House of Commons. His
knowledge of political economy, of the science of governing, and
of scientific matters generally, was inconsiderable, and he on one
occasion boasted of having been born in the pre-scientific age.* In
1834 he became alarmed by a measure for appropriating the surplus
of the Irish Church temporalities to secular purposes, and withdrew
from the Administration. He then joined the Conservative party,
with whom his own interests continued to be bound up for the rest
of his long nd active life. He was an ardent protectionist, and upon
the for' ii of Sir Robert Peel's Ministry in 1841, as has been seen,-f-

he accij^ ocd office in it as Colonial Secretary. With such instincts
as he possessed, it was to be expected that there would be more or
less change in Britain's colonial policy. The expectation was
realized. For some time past Governors of Liberal tendencies had
been sent out to Canada. Lords Durham and Sydenham had been
identified with the most advanced Liberalism. Lord Stanley re-
versed this by sending out a staunch Conservative in the person of
Sir Charles Bagot. The events of Sir Charles's Administration
greatly disappointed the Colonial Secretary, and the effect of the
latter's censures upon the Governor to whom they were addressed
has already been hinted at.J The disappointment seems to have been
shared by Sir Robert Peel and the other members of the Administra-

• " Ho had very little, indeed, of that class ''f information which the modern world
requires of its statesmen and leaders. Of priitical economy, of finance, of the develop-
ment and the discoveries of modern science, he kne.r almost as little as it is possible for
an able and energetic man w know who lives in the throng of active life, and hears what
people are talking of around hiin."— ^ History of Our Own Timet, by Justin McCarthy,
Chapter II.

t AtUe, p. 160. It AnU, p. 266.

!'":V1

Sir Charles Metcalfe.

269

tion in only a limited degree. Evidently Lord Stanley did not feel
his position to be strong in the matter of his censures, for, as has
been intimated, the despatches containing them were not published,
and he afterwards mildly defended Sir Charles Bagot in the House
of Commons. Sir Charles having resigned, it now became neces-
sary to supply his place. The question is : Why did the Secretary
conceive the idea of appointing Sir Charles Metcalfe ?

To this pertinent query, it may be replied that Sir Charles
Metcalfe was a very likely man to be selected for such an appoint-
ment, inasmuch as he had already approved himself to possess many
high qualifications. He was personally incorruptible and high-
minded. He had had a long and varied experience in the Civil Ser-
vice. He had been entrusted with more than one important mission,
and had always acquitted himself in such a manner as to deserve
and obtain high commendation. In the performance of his last
important service to the State he had displayed statesmanlike
qualities which even those who knew him best had scarcely credited
him with possessing. In a land "still convulsed by a social revolu-
tion," he had " calmed the evil passions which long suffering had
engendered in one class, and long domination in another."* Was it
not reasonable to suppose that the man whose life had hitherto been
a series of successes would continue to justify his reputation ? There
was certainly much to be said in favour of such an appointment.
But — there Avas another side to the question.

Sir Charles's thirty-and-odd years of public service had i\early all
been passed in India, and in connection with a Government which
was largely despotic in its character. In the constitution of that
great empire the representative element was wholly wanting. The
right of the people to have a voice in public affairs was not recog-
nized. So far as they were concerned, an imperious Governor could,

• See the well-known epitaph on Lord Metcalfe, by Macaulay.

ti ll

270

The Last Forty Years.

if so disposed, lay claim to practical irresponsibility.* Sir Charles's
despotism had always been exercised in a beneficent manner, but his
Indian experiences had certainly not been of a nature to fit him for
the direction of Canadian affairs. It may be doubted whether they
had not rather a tendency to disqualify him.-f* In Jamaica he had,
as already recorded, effected a pacification of hostile races, but he
had previously obtained a complete ascendency over the so-called
representative Assembly, and had had everything his own way.|
His will had been so manifestly good, and his measures had so mani-
festly conduced to the public welfare, that there had been no sorious
opposition to anything,' he had thought fit to propose. So that his
administration there could not be taken as a test of his ability to
administer the affairs of a country provided with a constitution, and
where both ministers and people were strenuous in asserting their
constitutional rights. He had gone out to the West Indies armed
with authority to virtually suspend the constitution. His chief
task after his arrival had been to prove to the employer and the

* "Sir Charles Metcalfe, with a nature courageous and honourable, generous in expendi-
ture, boundless in liberality, with great experience, great skill and fine taste in compo-
sition, had been trained in a country where suspicion [of] and contempt for the natives,
formed the general rule of administration. It is the first lesson that a cadet learns in
India, and he has not forgotten it when, after forty years of service, he is elevated to the
rank of Governor- General." — See "The Speeches and Public Letters of the Hon. Joseph
Howe," edited by William Annand, M.P.P., Vol. I., p. 324.

t The Hon. R. B, Sullivan, in replying to the Eev. Dr. Egerton Eyerson's defence of Sir
Charles Metcalfe, in 1844, put f orwardfthis view of the matter very speciously. He remarked
that if Dr. Ryerson had said that notwithstanduig Sir Charles's residence in India he
might yet be a good man and a benevolent man, he would not deny his proposition ; " b\it,''
added Mr. Sullivan, " to say that governing slaves for forty years gives a man experience
in the government of free British subjects is to tell the latter they are, or should be,
slaves."— See " Letters on Responsible Government," by . .cgion, p. 15.

J "Metcalfe, by his popularity, talents [and private wealth, was enabled to pacify
parties, and to control the soi-disant representative Assembly."— See "Review of I'/ie
Colonial Policy of Lord J. RusscWs Administration, by Earl Grey, and of S\ibsequent
Colonial History;" by the Right Hon. Sir C. B. Adderley, K.C.M.G., M.P. (now
Baron Norton), p. 231.

Sir Charles Metcalfe.

271

employed that their interests were identical. This he had effectually
succeeded in doing, but he had not to deal, as in Canada, with
the conflicting and more or less matured views of opposite schools
of politicians. There had been no important fiscal projects to
mature ; no great commercial problems to solve. A representative
constitution had ^ een introduced into the island nearly two hun-
dred years before,* but in so very simple a form that complicated
disputes on obscure constitutional questions could not well arise.
The Legislative Council was likewise the Executive Council, and
the members of it held their offices during good conduct. Gener-
ally speaking, the Governor was wont to exercise the executive
authority without reference to the Council. -f- Such a school as
this could hardly be expected to furnish a suitable training for
a ruler who was to administer the affairs of a colony possessed
of Responsible Government. Of Parliamentary Government, as
understood and practised in this country, he had had no experience,
and he undoubtedly ti^l/ertained exalted ideas as to the nature of
the royal prerogative. It was alleged that he was a man of Liberal
ideas. His emancipation of the Indian press, and the general course
of his official policy, had been of a character to lend colour to the
allegation. His biographer states that he was " saturated through
and through with Liberal opinions." Such, indeed, was the estimate
currently formed of him in England ; and justly, for, though he
had had no opportunity of formally identifying himself with either
of the rival political parties there, he favoured the abolition of
the Corn Laws, vote by ballot, the extension of the suffrage,
amelioration of the Poor Laws, equal rights to all sects of Christians

*See " Parliamentary Government in the British Colonies," by Alpheus Todd; p. 74.

t See Sir Charles Metcalfe's despatch to Lord John Eussell, dated February 12th, 1841,
on the Constitution of the Local Government of Jamaica, quoted in "Selections from
the Papers of Lord Metcalfe," edited by John William Kaye, p. 373, et leq.

■V

'^9

t -

272

T/ie Zas^ Forty Years.

in matters of religion, and equal rights to all men in civil matters.*
It is plain enough, however, that though his generous mind led him
instinctively to favour such projects as these, his doing so was rather
matter of instinct than of deliberate conviction. He saw only their
philanthropic side, and had not carefully weighed the political con-
sequences of their adoption. It is not improbable that one or two
sessions in the House of Commons would have brought about a
considerable modification of his views on these and other leading
questions of the times. In the East he had put many of his Liberal
ideas into practice, and had acquired the reputation of being an
advanced Reformer, but any enlightened Tory would have found
himself in the same position. The code of political ethics at Calcutta
was by no means identical with that which prevailed at Westminster.
A line of policy which would constitute advanced Liberalism in an
Indian Viceroy might require a very different classification if the
venue were removed to England, where the Reform Bill was in
operation, and where Chartism was by no means at its nadir.
Popularly, however. Sir Charles Metcalfe was rightly regarded as a
Liberal, and always honestly professed himself to be such. Why,
then, did a hard-and-faat Conservative Government have recourse
to him in such a contingency ? He had not sought for employ-
ment, and was even averse to accepting any. He was unmarried,
and had not the usual incentives to a life of exertion. He felt that
he had done his share of life's work, and hoped to spend tho
remainder of his days in retirement and ease.

" The choice of an Indian statesman of reputed ability, but without
any experience whatever of Parliamentary Government, was at least
singular," says Sir Francis Hincks, who is of opinion that Lord
Stanley had formed a determination to overthrow Responsible Gov-
ernment, and that he selected Sir Charles Metcalfe as the most

• See his letter to his friend Mr. R. D. M.ingles, dated January 13th, 1843, quoted in
Kaye's "Life," pp. 312, 313.

■VI

' i

Sir Charles Metcalfe,

273

fitting agent for the purpose.* This, be it understood, is merely
the expression of Sir Francis Hincks's individual opinion, and not a
statement of ascertained historical fact. It must be owned, how-
ever, that the propounder of the theory argues it out with a good
deal of plausibility, and the circumstances attendant upon Sir
Charles Metcalfe's appointment prove clearly enough at any rate
that there were motives at work which were not then, and have
never since been, made known to the woi'ld.

On the 14th of January, 1843, the Colonial Secretary wrote to Sir
Charles from Downing Street, asking if the state of his health was
such as to enable him to take upon himself " most honourable, but
at the same time very arduous duties in the public service." Such
are the precise words of the first official communication from the
Government to Sir Charles on the subject of the Governor-General-
ship of British North America. Personally, be it understood, Sir
Charles was not known either to Lord Stanley or to any other mem-
ber of the Government. " Should your answer to this preliminary
inquiry be unfortunately in the negative," continued the missive,
" I need not, of course, trouble you further ; but in the event of your
entertaining no insuperable objection to again giving this depart-
ment the advantage of your valuable services, I would beg you to
favour me by calling here any day next week which may be most
convenient to yourself, when I should be happy to enter upon an
unreserved communication with you upon the subject."^ Sir Charles
was unable to withstand such an appeal. He went up to London
and accepted the appointment, but, as his correspondence shows,
with many and serious misgivings. He seemed harassed by the
consciousness that he was being sent on a " forlorn-hope" expedition. ^

• See the Lecture on " The Political History o£ Canada," p. 29.

tKaye, Vol. II., p. 314.

tSeo Sir F. Hincks's Lecture, p. 30.

274

The Last Forty Years.

On the lOfch of the month he wrote thus from Mivart's Hotel to
Captain Higginson, who afterwards became his private oecrotary:
" I have accepted the Government of Canada without being sure
that I have done right. For I do not see my way so clearly as I
could wish. Neither do I expect to do so before I reach my destina-
tion." * Three days later he wrote to another correspondent, Mr. R. D.
Mangles : " I never undertook anything with so much reluctance,
or so little hope of doing good, but I could not bring myself to say
No, when the proposal was made. . . I fear that the little
reputation that I have acquired is more likely to be damaged than
improved in the troubled waters of Canada. I know, from experi-
ence, that the chief embarrassment of a colonial Governor is the
interference of the Home Government. At the same time it is
impossible to stipulate that they shall not control the Government
of a colony. I must urge what is right and resist what is wrong,
and come away as soon as I see that I can do no good. If I do any,
I shall be agreeably surprised." -f- To Lord Monson he wrote on the
10th of February : " Never did a man go so unwillingly to anything
by his own consent. Going, however, I am; and grumbling is
useless. If I succeed in reconciling local dissensions, and promoting
attachment between the colony and the mother country, I shall
rejoice in having undertaken the charge. If I fail, which, from the
state of things, is more probable, I must console myself with the
assurance that for the rest of my days I shall be left undisturbed in
the retirement that I love." J

The question arises: What was the occasion of these wailing
jeremiads ? And why did the Colonial Secretary refer to the duties
to be undertaken as "very arduous?" Unless the new Governor
was to be hampered by secret instructions — unless he was to be
sent out to Canada to inaugurate a new and an unpopular line of

♦Kaye.Vol. II., p. 315.

t/6., pp. 316, 317.

tib., p. 317.

-T-.;|1.

Sir Charles Metcalfe.

275

policy — the administration of affairs in this country did not seem
to involve any insuperable difficulties. If Sir Charles Bagot's policy
was to be maintd,'ned, and if Responsible Government was to be
continued as a reality, why should Sir Charles Metcalfe look for-
ward with something approaching to dread to the duties before
him ? Why should he be almost hopeless of being able to accom-
plish what was required of him ? Why should he have doubts as
to whether he had done right in undertaking such a task ? Why
should he fear damage to his reputation ? There was no apparent
reason for any particular solicitude. The Union was fairly under
way. Responsible Government had been conceded, and was estab-
lished. The newly-formed Administration was so strong that it
could almost afford to despise the feebleness of the Opposition.* It
seemed as though Sir Charles's duties, instead of being " arduous,"
would be much less so than had been those of his two predecessors.
Sir Francis Hincks is of opinion that Sir Charles's language is inex-
plicable on any other assumption than that the arduous duty
required of him was to overthrow Responsible Government.f It
seems tolerably certain, at any rate, that Sir Charles came over to
Canada charged with some task which bade fair to involve him in
controversy, and the nature of which does not appear from the
public despatches. It is always presumptuous to dogmatize where
all the facts are not certainly known ; but it seems not improbable
that Lord Stanley had conceived the idea of reversing, or at any
rate modifying. Sir Charles Bagot's policy, and that he had chosen
Sir Charles Metcalfe as his agent because the latter's devotion to
the Crown was undoubted, and because his reputation was such
as to inspire respect for the Government of which he was the

*"Lord Grey'a Administration in 1833 was hardly so strong as respects the constitu-
encies."— See "A Letter on the Ministerial Crisis," by the Old Montreal Correspondent
of the Colonial Gazette, of London [Edward Gibbon Wakefield]. Kingston, 1843.— In a
House containing 684 members Earl Grey had a clear working majority of 182.

+ See the " Lecture," p. 30.

t 6_

■' ■ J

'»

276

The Last Forty Years.

emissary. More than this, in the absence of additional facts, can-
not wisely be averred.

Sir Charles Metcalfe, then, accepted Lord Stanley's proposal.
On the 27th of February he was entertained at a splendid
banquet given in his honour by the Colonial Society at the
Colonial Club, St. James's Square.* Several days afterwards he
dined at Buckingham Palace with Her Majesty and the Prince
Consort. On the 4th of March, accompanied by his suite, he sailed
from Liverpool for Boston in the Cunard steamship Columbia.
The vessel touched at Halifax on the 18th, and Sir Charles spent
several hours on shore there as the guest of Lord Falkland, the
Lieutenant-Governor.f He reached Boston on the 20th, and during
his two days' stay there received many civilities from persons in
authority. On the 22nd he set out on his overland journey to
Kingston, by way of Albany, Schenectady and Utica. From TJtica
to Kingston the journey was made in sleighs, in which conveyances
the party crossed over the St. Lawrence and Lake Ontario on the
ice, " both being frozen over, and covered with snow, like the rest
of the country.":]: He reached his destination on the afternoon of
the 29th, when he found the troops and a large crowd of people

* Among the guests was Sir Francis Bond Head, who, in the course of a racy after-
dinner speech, proved that he had not gained wisdom since the close of his disastrous
administration of affairs in Upper Canada. Not satisfied with declarinK that the new
Governor-General was about to leave for Canada taking with him the confidence of the
whole empire, which was the simple truth, he prophesied that Sir Charles's accession to
oflBce would prove a blessing to the colony over the destinies of which he had been
selected to rule. He also volunteered some advice which Sir Charles was far too prudent
to act upon.

f The "Lord of the Bedchamber" of Mr. Joseph Howe's well-known effusion, and tho
husband of a natural daughter of King William IV. by Mrs. Jordan. Lord Falkland's
quarrels with his own ministers about Responsible Government and other important
public questions occasioned his recall several years afterwards. See "The Speeches and
Public Letters of the Hon. Joseph Howe," edited by William Annand, M.P.P., Vol. I.,
p. 530.

It See letter of Sir C. Metcalfe to his sister, Mrs. Smythe, quoted in "Kaye," Vol. II.,
p, 323, et seq.

'» Ui

Sir Charles Metcalfe.

277

waiting to receive him with the honours due to his position. A
long procession, chiefly made up of the members of the national
societies, various fire companies, and other local institutions, met
him at the entrance to the town. He was escorted to his residence
by a detachment of the Incorporated Lancers and a guard of
honour of the 23rd regiment. He took up his quarters in a new
and previously untenanted private house hired for the occasion,*
begging Sir Charles and Lady Mary Bagot to continue their occupa-
tion of Government House until their departure for England —
the possibility of the invalid's being able to cross the Atlantic not
yet having been wholly abandoned. On the 30th he was sworn
into office, and issued a proclamation announcing that he had
entered upon his duties as Governor-General.

*The following announcement appears in the local papers: " His Excellency's tempo-
rary residence is in Mr. Palmer's new house, in King Street, where he will receive visits
(l.aily (Sundays excepted) between the hours of 11 and 1 o'clock." The Whig expresses
great solicitude for the Governor's health, and deprecates his being housed in such
([iiarters. "From the lamentable and untimely death of one Governor-General," says
that paper, "and the dangerous illness of another, Kingston has unfortunately attained an
ill-fame for healthfulness ; and now, it appears that another Governor, an aged man, and
one used to tropical climates, is '.»' be put into a newly-built house, never inhabited, the
walls of which are filled with moisture, that would take two hot summers to dry up ; and
a house, too, in which no single stove has been lighted during this long and tedious
winter. They had better put him in a coffin at once. We look upon the taking of this
house as a deliberate attempt made upon the life of the new Governor ; and should he
fall ill, not only ought Kingston to be exonerated from causing his sickness, but the parties
who hired the house should be brought to condign pimishment." The Kingston corres-
pondent of the Montreal Oasette made the following reference to the Governor's personal
appearance : "Sir Charles Metcalfe is a thorough looking Englishman, with a jolly visage.
He looks older than he reaUy is, but this may proceed from the fatigues of his very rough
journey."

Chapter XIV.

WHAT IS TO BECOME OF THE GOVERNOR-GENERAL?

" He was called upon to govern, or to submit to the Government of Canada, by a party ;
and the party by which he v^as to govern was one with wliich he had no sympathy. It
was rather a combination of parties than a single faction — a combination of two paHiies,
the principles of neither of which Metcalfe could bring himself to approve." — K.we's
Life and Correspondence of Gharks, Lord Metcalfe. Revised edition. Vol. II., p. 330.

"We do assert, and on this ground we take our stand, that the Governor is bound by
that power which granted a Representative System to Canada, to submit to the opinions
of the Parliament, and to the advice of a Council who are nominated by the Governor
because they are known to possess the confidence of such Parliament."— Hamilton Jour-
nal, 19th July, 1839.

N entering upon the momentous struggle between Sir
Charles Metcalfe and the Lafontaine-Baldwin Ministry, it
is to be premised that no fair and impartial account of
that struggle has ever been given to the world. The lit-
erature of the subject is very extensive — so extensive that
even the most industrious student must make up his mind
to devote many months to the theme ere he can boast of having
made himself a thorough master of it. The official despatches
between Sir Charles Metcalfe and the Home Office are among the
most important documents requiring attention. The Provincial
newspapers of the time are almost entirely engrossed by the struggle.
Ever since, whenever a constitutional question having the slightest
conceivable bearing on Responsible Government has arisen in
Canada, the precedent of Sir Charlr a Motcalfe and his Ministry
has been put forward with more or less apposibeness, and with
more or less knowledge of the essential nature of the disjiute.

What is to Become of the Governor-General ?

279

Some of these discussions may be consulted with advantage.
The pamphlets on the subject may be counted by the score, and of
course all the histories of the period devote more or less space to it.
The newspapers of Great Britain and the official journals of the
House of Commons furnish their quota to the discussion. The
periodical literature o^ the neighbouring republic did not deem it
unworthy of attention, though the opinions expressed therein do
not appear to have been formed with much care, or to have been
founded upon an accurate knowledge of the principles involved.
And after passing the whole of this undigested mass of special plead-
ing through his mind — for every page and every column of it is to
some extent tinged by partisanship — the student's interpretation
will have to be evolved from constitutional principles which were by
no means well understood, even among statesmen, in the year of
Grace 1843. Still, it is not impossible to arrive at a just apprehen-
sion of the merits of this memorable quarrel, the narrative of
which involves one of the most salient passages in our constitutional
history.

That Responsible Government — however much or however little
was involved in that principle — had been conceded, was a matter no
longer open to dispute. Whether Governor Simcoe had any such thing
in his mind when he remarked* that the Province of Upper Canada
v/as blest, " not with a mutilated constitution, but with a constitu-
tion which has stood the test of experience, and is the veiy image
and transcript of that of Great Britain," may perhaps be doubted.
Mr. MacMullen, in a note to his history ,•(• ventures the remark that
the Governor evidently forgot the irresponsible Executive of
Canada when he indulged in such a flourish of trumpets. But
Lord John Russell's instructions to Mr. Thomson, afterwards Lord

• In his Si)eeeli from the Throne, at the closo of the first session of the First Provincial
Parliament of Upper Canada, on the lotli of Ootoher, 1792.

+ See MacMullon's "History of Cana.la," p. 235.

'It.

!l;

i:n

'1,

1 -ij^njl

H,:

2S0

T}i£ Last Forty Years.

■Vi

Sydenham (embraced in various despatches),* Lord Sydenham's
own admissions, and those of his Attorney-General, Mr. Draper,-f-
and more especially the resolutions adopted by the Assembly on the
3rd of September, 1841 — quoted in a former chapter of this work J
— had at least established beyond question that Responsible Gov-
ernment was to be regarded as the law of the land. This fact
was repeatedly admitted by Sir Charles Metcalfe himself, both
before and after his arrival in Canada. The precise meaning
to be attached to the term " Responsible Government," however
— how much it embodied, and how much was excluded — was
not so clear as to render misapprehension impossible. The
responsibility involved was the responsibility of the Executive
Council to the will of the people, as expressed by a majority
in the Legislative Assembly. Where did the responsibility end ?
It could scarcely be contended that it was illimitable ? The
highest Canadian authority admits that " the system itself was
imperfectly understood, and mistakes were made on all sides, in the
application of this hitherto untried experiment in colonial govern-
ment to the practical administration of local affairs."^ A calm and
dispassionate review of all the circumstances must lead an inquirer
of the present day to the conclusion that Sir Charles Metcalfe was
wrong in his interpretation of the principle. But it is at least
equally evident that he was not culpably wrong ; that he was not,
as was charged upon him, a wilful and stubborn tyrant ; that he
honestly endeavoured to carry out the instructions which had been
imposed upon him ; that his failure to satisfy popular opinion in
this country arose from his inability to understand the refinements

* Seo more especially the deBpatches of September 7th, October 14th, and October 16th,
1839.

iAntt, pp. 125-136.

XAntt, pp. 149, 160.

§See "Parliamentary Government in the British Colonies," by AlpheuB Todd, p. 68,
and authorities there quoted.

What is to Become of the Governor-General?

281

of what to him was a new and untried system ; and that whatever
blame attaches to his conduct should rest upon the shoulders of the
Imperial Government that sent him to fulfil a task for which he
was intellectually and by previous training unfitted. Sir Charles
Metcalfe, during his Canadian Administration, was merely a glaring
instance of the round peg in the square hole. He was like David
with the armour placed upon him by Saul — an armour which he
had not used, and in the management of which he was unskilled.
It is devoutly to be wished, for his own fame and peace of mind,
that the analogy had been carried still further, and that he had
said to Lord Stanley as David said to the first king of Israel —
"I cannot go with these, for I have not proved them." In his own
sphere, as Administrator of an Oriental Government, he had
approved himself not only a man of just mind, but a man of very
great diplomatic ability. As such he stands out in the history of
British India in conspicuous relief. As Administrator of a colony
which boasted the possession of Responsible Government he was
Samson shorn of his hair, and become as any other man — any other
man who had not enjoyed a constitutional training, and who, at
fifty-eight years of age, was too old to be inoculated with new
ideas. It was very much more his misfortune than his crime.

The shadow of the future began to fall across his pathway ere ho
had been many weeks in the Province. It has been •■aeen that during
his residence in England he had not formally allied himself with
either of the two political parties in the country. He professed him-
self, and with perfect truthfulness and good faith, to be opposed to
partisanship. During his tenure of office in Jamaica he hrid success-
fully applied himself to oblitei'ating or softening the party-lines in
vogue there. Upon his arrival in Canada he for the first time saw
the fire of partisanship actively aflatno. Both parties were bent on
conciliating the new Governor, and both deluged him with addresses
conceived in the most opposite spirit. Many of these addresses

^ni'l

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The Last Forty Years.

were mere expositions of an ultra party platform. " The curse of
taction/' says his biographer, " appeared before him so swollen and
exaggerated that he wondered the evils with which he h!<,d con-
tended during his former Go'ernment had ever disquieted him at
all."* He found the Conservative pa;' ;. Ybich had stood loyally
by the Crown during the l>i 'Ves of :»b', '38, and which embraced
a large majority of t' se wealth} t v ^ educated people of the country, in
Opposition, TheKeforTiprrtj c L .jndstronglyentrenched in power.
In an official despatch penned within a month after he assumed the
Government he truthfully referred to this party as including in
its ranks " some who actually went into rebellion, some who stood
aloof on that occasion without taking any active part in defence of
the Government, and some who although acting with the Reform
party before the rebellion, perl ned their duty as loyal subjects
when that occasion arose."-!* He found representatives of the two
classes last named holding high office in the Ministry. As for the
French Canadians, he found them much mollified by the concessions
made to them by his predecessor, but with political views purely
French Canadian, directed to the maintenance and extension of their
own power, and resenting all attempts at Anglification. \ By coali-
tion with the Reformers of Upper Canada, the French Canadians
enjoyed a share of power. The only party which exercised no
power was the party upon whom, as he remarked, " the mother
country might confidently rely in the hour of need " — namely, the
Conservatives. He naturally felt his own sympathies go out to the
members of that party, and deprecated their exclusion from power.
He seems at this time, however, to have fully realized his position
with respect to them. Referring to the existing state of things, he
informed the Colonial Secretary that he saw no remedy, " without

•Kaye, Vol. II., p. 330.

+ See hi« despatch of 25th April, 1843, In " Selections from the Papers of Lord Metcalfe,"
edited by J. W. Kaye, p. 406.
*r6.,p. 400.

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What is to Become of the Governor-General ?

283

setting at defiance the operation of Responsible Administration
which has been introduced into this colony, to an extent unknown,
I believe, in any other. . . Fettered as I am," he continued, " by
the necessity of actinj^ with a Council brought into place by a coalition
of parties, and at present in possession of a decided majority in the
Representative Assembly, I must in some degree forego my own
inclinations."* He feared lest the excluded party might identify
him with the Council, and thereby become incensed against him
personally, bat congratulated himself upon the fact that, so far,
opposition to the Council was not identical with opposition to the
Governor or to the Home Government. "f" Meanwhile he adopted a
policy of great conciliation towards the Opposition, and seems to
have been almost imprudently frank in his public expressions of
ffood-will in certain individual cases.

It is thus plain enough that the statement made by his biographer,
and placed at the head of this chapter, was literally true. He was
compelled to govern Canada by a party, and by a party with which
he had no sympathy. Now, it is true that a man of warm heart and
strong opinions cannot avoid having sympathies, but a man placed
in the position of Governor of a colony where representative insti-
tutions prevail, should bear in mind that the people also have their
•sympathies, as manifested in their choice of their representatives in
Parliament. He should remember that he occupies a public posi-
tion, and that it is his duty to subordinate his personal likings and
predilections to those of the majority. To contend for any other
view would be to advocate the most pronounced absolutism ; and it
:s here that Sir Charles's Indian training first asserts itself. J The

•See his despatch of 25th of April, 1843, in "Selections from the Paiiers of Lord
Metcalfe," edited by J. W. Kaye, pp. 408, 400.

ilb., p. 410.

J" As a Constitutional ruler he had no business to have sympathies, and if he had them
he had no riglit to act upon them. How had he seen the Queen, his Sovereign, act,
within the period of his return to England and his departure for Canada ? Had he not
s««n her transfer her confidenoe from Lord Melbourne, for whom she had a filial attach-

7T • .,

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284

TAe Last Forty Years.

sympathies of a large majority of Canadians had been manifested
by their return of members who had sanctioned the advent to power
of those very persons with whom the Governor had no sympathy,
and with whom it was therefore inevitable that he should sooner or
later come into collision. They had once been excluded from power
themselves, and had never til) lately tasted the sweets of office.
They had once been legitimate objects of the sympathy of all good
men who had any sympathy to spare, and were surely entitled to
all the good things which the Union had brought them.

Differences between the Governor and some of his Councillors —
differences so slight at first as scarcely to be perceptible, but still
differences — began, to manifest themselves before the former had
been many weeks in the country. He conceived that his Ministers
were unnecessarily brusque and unceremonious in their intercourse
with him. This he could have borne, so far as he was personally
concerned, but he could not endure that his high office should lose
any of its dignity while it was in his keeping. On the other hand,
his Ministers were no children. They were men, and, for the most
part, men of strong individuality. Some of them were probably not
easy to manage. Tliey had fought a long and hard battle for the
right, against tremendous odds. They had won, and they fully
appreciated the importance of their victory. Under such circum-
stances it was only natural that they should not be in the least dis-
posed to yield anything that of right belonged to them. The system
of irresponsibility against which they had so long contended in vain
had been a rude training-school. It is easy to conceive that they may
have been less diplomatic in their relations with the Governor than
men of less sincerity and earnestness, men who had been less sorely
tried, would have proved. When the Governor suggested something

mcnt, to Sir Robert Peel, whom she never really liked ? And why? Because she knew,
aa a Constitutional Sovereign, that her business was to give her confidence to, and call to
her councils, tiiose men who had the support of the representatives of the people." — 3Vifl
.frishman in Canada, pp. 488, 489.

I 'liH

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What ia to Become of the Governor-General ?

285

which was opposed to the policy they had outlined for themselves, it is
quite probable that they signified their disapproval without unneces-
saiy circumlocution. They very keenly felt any, even the slightest,
attempt at infringement upon what they considered their privi-
leges. They claimed an absolute right to be consulted as to all
appointments to office. They did not relish Sir Charles's apparent
desire to conciliate the Opposition, and listened with impatience
to any suggestions, whether emanating from the Governor himself
or from any of his satellites, pointing to the filling of any vacant
offices from the Conservative ranks. That this feeling should be
entertained by them was a necessary consequence of their position ;
almost, indeed, a necessary consequence of Government by party.
But Government by party had been established in Canada, and,
much as the Governor was opposed to party government, he was wise
enough to perceive that no other system was practicable under the
then-existing order of things. He again and again declared his
full and free acceptance of the doctrine of Responsible Government.
While admitting so much, however, he was jealous for his preroga-
tive as the representative of the Crown, and was disposed to
claim at least a share of the Government patronage.

During the first week in May an episode occurred which,
unknown to the Ministry, tended not a little to stimulate this
jealousy on the part of the Governor. Mr. Lafontaine dined with
his Excellency at the latter's lodgings in King Street, where he still
remained, owing to Sir Charles Bagot's contined occupancy of Alwing-
ton House. At table Mr. Lafontaine sat next to Captain Higginson,
the Governor's private secretary. During dinner the conversation
turned upon the office of Provincial Aide-de-camp for Lower Canada,
which had been for some time vacant. Among the candidates
mentioned either by Captain Higginson or by Sir Charles Metcalfe
himself was a gentleman of whom Mr. Lafontaine, for political
reasons, did not approve. This gentleman was Mr. DeSalaberry,

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286

T/ie Last Forty Years.

son of the hero of Chateauguay. Mr. Lafontaine remarked to
Captain Higginson that such an appointment would not be regarded
with favour in Lower Canada. In the course of conversation Cap-
tain Higginson expressed a desire to talk over the political state of
the country at some length with one so competent to afford infor-
mation on the subject as Mr. Lafontaine, and an appointment was
made for the next day at noon, at Mr. Lafontaine's office. Captain
Higginson called at the time and place fixed upon, and the two
gentlem '-^^o had the office all to themselves, conversed together
for nea je hours. The respective accounts subsequently given

by f ihe conversation do not agree in all particulars. It is

or unable to infer that some part at least of the discrepancy

aro. .rom misapprehension of Mr. Lafontaine's meauing on the
part of the secretary. The purport of the discussion seems to have
been substantially as contained in the following paragraph. Cap-
tain Higginson, it is to be presumed, may fairly be taken to
have been the Governor's mouthpiece on the occasion,* and as
the conversation embodies the clearest account to be found any-
where of the various points upon which the Governor and his
Ministers soon afterwards found themselves at variance, it is con-
sidered desirable to detail it at some length.

The Attorney-General was asked by Captain Higginson to explain
to him what was meant by the phrase " Responsible Government."
In compliance with the request Mr. Lafontaine delivered his views
on that important subject, explaining that the Councillors were
responsible for all] the acts of Government with regard to local

* It will be Been that in the course of the conversation, Captain Higginson stated that
he was not charged by the Governor-General to discuss the matter with Mr. Lafontaine.
" Charged " is a strong word. The secretary would certainly not have entered upon such
a discussion under such circumstances, unless he had been carrying out the express or
implied instructions of the Governor. There is not even the shadow jf doubt that the
views expressed by him were those of Sir Charles Metcalfe, from whom he doubtless
derived all his inspiration on the subject.

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What is to Become of the Govcrnor-GeneraU

287

matters ; that they were so held by the members of the Legislature ;
that they could only retain office so long as they possessed the con-
fidence of the representatives of the people ; and that whenever this
confidence should be withdrawn from them, they must retire from
the Administration. " These principles," added Mr. Lafontaine, " were
recognized by the resolutions of the 3rd of September, 1841, and it
was on the faith of these principles being carried out that I accepted
office." He further informed Captain Higginson that inasmuch as the
responsibility of the members of the Administration extended to all
the acts of the Government in local matters, including appointments to
oftice, consultation of the Ministers by the Governor in all those cases
was necessary. The Governor, it was admitted, was not obliged to
adopt the advice tendered to him, but, on the contrary, had a right to
reject it; but in this latter case if the Members of Council did not
choose to assume the responsibility of the act that the Governor
wished to perform contrary to their advice, they had the means of
relieving themselves from it by exercising their power of resignation.
The secretary combated this view, observing that it did not appear to
him that this was the sense of the resolutions of 1841. He ursred
that the Governoi', being responsible to the Imperial authorities for
the acts of his Government, ought himself to bear the responsibility
of those acts in local matters, and that he could not relieve himself
from it by throwing it upon his Councillors ; that this responsibility
could not be understood as Mr. Lafontaine understood it — "for," said
Captain Higginson, " it must then be considered that the act is not
the act of the Governor, and in that case it would not be just that
the Imperial Government should hold him responsible for it ; but as
the act is the act of the Governor, and as the Imperial Government
hold him responsible for it, it would be equally unjust that he should
throw the responsibility on his Councillors." Captain Higginson added
that for this reason it appeared to him that the Governor must be
free to act with or without the advice of his Councillors : admittinir.

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288

The Last Forty Years.

nevertheless, that it was desirable that he should take their advice
in the generality of cases ; that for his (Captain Higginson's) own
part, he did not see the possibility of putting the resolutions of 1841
in practice as explained by Mr. Lafontaine, unless the Imperial
Government should expressly relieve the Governor from all respon-
sibility as to local matters. Even in that case, it was urged, there
would still be the objection that the Governor would be reduced to
a cipher, and that such a system would make the colony an
independent state. The Captain adued that even supposing the
resolutions of 1841 could be interpreted in the sense given to them by
Mr. Lafontaine, he did not think that this would include the exercise
of patronage, and that he did not see why the representatives of the
people should hold the Councillors responsible for it ; that he looked
on the distribution of offices as a prerogative of the Crown that the
Governor must exercise on his own responsibility, not having to
render any account of it except to the Imperial Government. In
answer to a question put by Mr. Lafontaine, Captain Higginson
stated that, in his opinion, the sense of the resolutions of 1841 was
that the Governor should choose his Councillors from among those
supposed to have the confidence of the people ; that it was desirable
that those persons, or the majority of them, should have seats in the
Legislature, to explain there the views and the measures of the
Government ; that if it happened that one of them should cease to
possess the confidence of the representatives of the people, it would
be the duty of the Governor to replace him by another more likely
to gain that confidence, in order to maintain harmony, as far as
possible, between the different branches of the Legislature ; that
each member of the Administration ought to be responsible only for
the acts of his own department, and consequently that he ought to
have the liberty of voting with or against his colleagues whenever
he judged fit; that by this means an Administration composed of
the principal members of each political party might exist advan-

What is to Become of the Governor-General?

289

tageously for all parties, and would furnish the Governor the means
of better understanding the views and the opinions of each party,
and would not fail, under the auspices of the Governor, to' lead to
the reconciliation of all. Mr. Lafontaine then informed the secre-
tary that if the opinions which he had just expressed were those of
the Governor-General, and if his Excellency was determined to
make them the rule for conducting his Government, the sooner he
made those fiicts known to the members of his Council the better,
in order to avoid all misunderstanding between them ; and he
added that in such case he, for one, would feel it his duty to
tender his resignation, convinced as he was that such a system
was in opposition to the principles recognized by the resolutions
of 1841, and that the difference between it and the old system
that had formerly prevailed in Upper and Lower Canada was so
trifling as to be scarcely perceptible. The secretary replied that
in speaking thus, he must not be considered as expressing the
opinions of the Governor-General, but merely his own iudividual
views, and that he was not charged by his Excellency to hold any
conversation on the subject with Mr. Lafontaine.

As to the next part of the conversation there is a conflict between
the parties. Captain Higginsou's account, as published in the To-
ronto Colonist, charges Mr. Lafontaine with language to the follow-
ing effect : " The attempt to carry on the Government on principles
of conciliation must fail. Responsible Government has been con-
ceded, and when we lose our majority we are prepared to retire.
To strengthen us, we must have the entire confidence of the Gov-
ernor exhibited most unequivocally, and also his patronage, to be
bestowed exclusively on our political adherents. We feel that his
Excellency has kept aloof from us. The Opposition pronounce
that his sentiments are with them. There must be some act of his,
some public declaration in favour of Responsible Government, and
of confidence in his Cabinet, to convince them of their error. A

290

The Last Forty Years.

nil

declaration of the Governor to that effect would put a stop to
political agitation, which the Opposition keep up as long as they
have the slightest hopes of office. Let them know that the game
is up, and all will go right, and many come round. The difier-
ences in religion in Upper Canada ^\ ill always prevent amalgama-
tion. You must first make them dl of the same religion, like
oui selves in Flower Canada.

Mr. Lafontaine, on the other hand, denied having used such
language, and claims to have said, in reply to Captain Higginson's
suggestion of conciliatory measures towards the Conservatives, that
such measures would not succeed ; that the best means of concilia-
tion was fi-ankly to give effect to the resolutions of 1841, and to
conduct the Government with the assistance of a Council whose
membors should have views in common both with regard to legisla-
tion and administration, and who should possess the confidence of
the representatives of the people and of the Governor. Thereupon,
as Mr. Lafontaine alleges, allusion was made to the rumour then
very currently reported that the members of the Administration
did not enjoy the confidence of his Excellency ; and Mr. Lafontaine
remarked to Captain Higginson that if any fact came to their
knowledge of such a nature as to convince them that they had not
such confidence they would not allow a day to pass without tender-
ing their resignation. Captain Higginson assured him that there
was no foundation for the rumour. " The Councillor," says Mr.
Lafontaine, writing of himself in the third person, " never said at
any time, or in any place, much less to Captain Higginson, that the
patronage of the Governor ought to be exclusively exercised in
favour of the partisans of the Ministry. The Councillor has never
professed such a doctrine ; but the Councillor answered a question
thus put by Captain Higginson, that, as a general rule, when two
candidates offered with equal qualifications, the one not opposed
to the Administration should have the preference ; that were a

What is to Become of the Governor- General?

291

contrary rule to prevail — if, in the distribntion of offices, the Gov-
ernor were to let it be seen that opposition to the members of his
Administration was a title to his favour — he would be wantint; in
what was due to himself, as well as to his Councillors ; that so long
as he retained them in his Council he was supposed to give them
his confidence, and that he ought to do nothing which would have the
eft'ect of destroying the influence of his Administration, but, on the
contrary, should strengthen that influence by every legitimate means
in his power." Mr. Lafontaine added that he and his colleagues had
a right to expect that his Excellency would thus act towards them ;
that otherwise it would be infinitely better for his Excellency to
relieve them from their duties and appoint their successors ; that
as for appointments to office he could api)eal to the past to prove
that there had been nothing exclusive about them ; that as the love
of place appeared to be tlie influencing motive with a considerable
number in their opposition to the Government, he was convinced
that the political agitation which was the consequence of it would
diminish much in its force so soon as these individuals should see
that such opposition had ceased to be a title to employment ; that
the opposition v/ould then become more honourable and constitu-
tional, for it would bear on the principles of legislation and admin-
istration according to English practice. Captain Higginson called
the attention of Mr. Lafontaine to the fact that there existed
more divisions among the population of Upper Canada than among
that of Lower Canada, and begged of him to explain the cause of
it. Mr. Lafontaine said that it appeared to him that in Upper
Canada there existed a profound hatred between the party called
Tory and that called Reform; that the Government prior to the
Union having always been in the hands of the first of these two
parties, this hatred appeared to have been created by its bad admin-
istration, which after all had been the effect of the then bad system
of Colonial Government; that in Upper Canada there existed a

292

Tke Last Forty Years.

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great number of religious denominations more or less numerous,
and that, moreover, the population was in a great part composed of
people, natives of different countries — viz. : native Canadians, I^ng-
lish, Scotch, Irish, Americans, Dutch — that all this might serve to
account for the divisions which prevailed in Upper Canada ; while
in Lower Canada the population was more homogeneous, consisting
principally of French Canadians, and a very great majority profes-
sing the same religion. Religious differences, Mr. Lafontaine alleged,
were scarcely known in the Lower Province, and as for past political
divisions they arose from the circumstance that a small number of
individuals and of families, principally of the cities of Quebec and
Montreal, had been rendered masters of the Government and the
Governors, and altogether engrossed it, and conducted it according
to their own whims, to the prejudice of the mass of the population,
English as well as French. The Union, Mr. Lafontaine added, had
caused the leaders of the Tory party of Lower Canada to disappear
from tl e House, and all this would help to explain the reason
why the divisitais which prevailed in Upper Canada did not exist
in Lower Canada.

Such, as reported by the two gentlemen who took part in it, is the
substance of the principal points of the conversation which took
place, at the request of Captain Higginson, between him and Mr.
Lafontaine. As a matter of course the former lost no time in
reporting the whole to Sir Charles Metcalfe, who took the matter
very seriously to heart, for he knew that Mr. Lafontaine's defection
would involve the defection at least of Mr. Baldwin and Mr, Morin,
and that the inevitable result would be a general break up of tne
Administration. To yield all that was demanded of him, however,
seemed utterly out of the question. What then would become of
the Governor-General ? The idea that if he yielded to pressure he
would become "a mere cipher" was gall and wormwood to him.
Yet the Governor did full justice to Mr, Lafontaine's motives,

mmm

What is to Become of the Governor-General ?

293

and did not attempt, as Sir Francis Head would have done under
similar cirpurastances, to impugn his personal character.* After
[)ondering the matter for a week he wrote to Lord Stanley as
follows; "I learn that my attempts to conciliate all parties are
crintinal in the eyes of the Council, or at least of the most formidable
member of it. I am required to give myself up entirely to the
Council ; to submit absolutely to their dictation ; to have no judg-
ment of my own ; to besi -w the patronage of the Government
exclusively on their partisans ; to proscribe their opponents ; and
to make some public and unequivocal declaration of my adhesion
to those conditions — including the complete nullification of Her
Majesty's Government. . . Failing of submission to those stipu-
lations, I am threatened with the resignation of Mr. Lafontaine for
one, and both he and I are fully aware of the serious consequences
likely to follow the execution of that menace, from the blindness
with which the French Canadian party follow their leader. . . I
have no intention of tearing up her Majesty's commission by sub-
mitting to the prescribed conditions. . . The sole question is, to

*The following is the deliberate estimate of Mr. Lafontaine formed by Sir Charles
Metcalfe, as reported Ijy the latter's biographer : " All liis better qualities were natural to
him ; his worse were the growth of circumstances. Cradled, as he and his people had
been, in wrong, smarting for long years under the oppressive exclusiveness of the dominant
race, he had become mistnistful and suspicious ; and the doubts which were continually
floating in his mind had naturally engendered indecision and infirmity of purpose. But
he had many fine characteristics which no evil circumstances could impair. J'e was a just
and an honourable man. His motives were .above all suspicion. Warmly attached to his
country, earnestly seeking the happiness of his people, he occupied a liigh position by tiie
force rather of his moral than of his intellectual ciualities. He was trusted and respected
rather than admired."— Kaye, Vol. II., p. 342. The ei^timate is by no means accurate in
all points. For instance,' no one who knew Mr. liafontaine well could have been made to
believe that ho was infirm or umlecided of purpose. Sir Francis Hincks, in the lecture
wliich has so often been quoted from in these pages, declares that he never met a man less
open to such an imj^tation. In point of fact Mr. Lafontaine was imperious, if not
t; lannical ; one of the last men to accept the judgment of others in preference to his
own. The mistake, however, is a mere error of judgment on Sir Charles Metcalfe's part.
The characterization, aa a whole, proves that the Governor was upon the whole a fair and
just-minded man, capable of rising above little per8<mal considerations in his intercourse
with mankind.

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The Last Forty Years.

describe it without disguise, whether the Governor shall be solely
and completely a tool in the hands of the Council, or whether he
shall have any exercise of his own judgment in the administration
of the Government ? Such a question has not come forward as a
matter of discussion; but there is no doubt that the leader of 'the
French party speaks the sentiments of others of his Council besides
himself. . . As I cannot possibly adopt them, I must be pre-
pared for the consequences of a rupture with the Council, or at least
the most influential portion of it.",

There was, however, no present outbreak between the Governor
and his Councillors, though there were frequent indications that
perfect harmony did not exist between them. There were several
vexed questions which demanded attention, and the business of the
country was not neglected. Perhaps the most embarrassing matter
to be dealt with was the location of the Seat of Government. The
idea of continuing Kingston as the j)ermanent capital of the Province
was acceptable to no one except the inhabitants of that town and its
neifrhbourhood. The merits and demerits of various localities had
been considered. Montreal had a grea^ . u,ny advocates, and was
favoured by a majority of the members of the Government, but no
settled conclusion had been arrived at. The claims of the present
capital of the Dominion — then kno\irn as Bytown — had been put
ibrward by Mr. James Johnston, the member for Carleton, but had
been rejected by an all but unanimous vote of the Assembly dm-ing
the last session. The only certain';y about the matter was that
whatever locality should be selectee' there would be great dissatis-
faction from all other localities*

•"Place the capital in Upper Canada, and the Lower Canadians will be dissatiistieil.
Place it in Lower Canada, and the trpper Canadians will be so. In proposing Montreal,
therefore, I do not mean to promise that siich a decision will not produce great dissatis-
faction in Upper Canada, for I am inclined to believe that it will, and I have been told
that it will lead to a motion for the repeal of the Union."— Despatch from Sir C. Metcalfe
to the Colonial Secretary, quoted in Kaye's "Life," p. 352.

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What is to Become of the Governor-General ?

295

■Jus, however, was merely one of many subjects which distracted
the min of the Governor-General. The evils of excessive partisan-
ship ivpjjca,! '1 more glaring in his eyes day by day. The Irish
element in the papulation, as is their wont, entered into the party
itruggl. 3 of tlio chnG wuth keen zest. On the Conservative side
wv.. arrayed the 'range lodges; while the Hibernian societies,
competed chi-^fly of Roman Catholics, ranged themselves on the
side of the Admi;iis(iration. Occasionally, small aggregations of
these opposite factions encountered each other on the public streets
and highways, and whenever such encounters took place the peace
of the community was disturbed. During the year IS-io the agita-
tion in Ireland on the subject of the Repeal of the Union was at its
height, and it seemed, as the Governor's biographer remarks, that
all the evils of Iri.sh party-strife had crossed the Atlantic only to
appear in Canada in an aggravated shape. During the summer
several hostile meetings between the rival factions occurred. Or
the 12th of July the Orange lodges of Kingston, chiefly, it is
believed, in deference to the Governor's request, abstained from the
usual procession through the streets, and contented themselves with
celebrating the day of pious and immortal memory within doors.
At night the lodge rooms were besieged by mobs of Irish repealers.
The troops were called out to preserve order, and succeeded in
dispersing the crowd, but not unvil several persons had been
wounded, and Robert Morrison, a young man of sixteori — a non-
partisan, and a mere casual spectator — shot through the head,
and slain. On another occasion the streets of the Provincial capital
were placarded with bills announcing a meeting for the avowed
object of promoting a repeal of the Union between Great Britain
and Ireland. Counter placards were at once issued under the
auspices of the Orange societies, announcing that the meeting would
not be permitted, and that they would obstruct it, peaceably or
forcibly, according to the necessities of the case, The Governor

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The Last Forty Years.

.-'' ',

was invoked to put forth his authority to prevent the repeal
meeting from being held. He showed his good sense by first
suggesting persuasion, which was successful, and what would
doubtless have resulted in a riotous and bloody demonstration was
peacefully suppressed.

There seems to be tolerably good reason for believing that the
Governor, even at this early period of his Administration, did not
on all occasions act with perfect openness and good faith towards
his Councillors. He felt satisfied that the Attorney- General East,
in the conversation with Captain Higginson, had not been talking
at random, but had given utterance to the deliberate convictions of
himself and his colleagues. That those convictions would be acted
upon, should occasion arise, the Governor could not doubt, and
he was haunted by the consciousness of coming strife. He believed
the position taken by his Ministers to be wholly untenable, so far
at any rc>,te, as the question of patronage was concerned, and he
was thus led to entertain a secret antagonism towards them. Ho
regarded them in the light of persons who were disposed to demand,
more than their due, and the inherent firmness, not to say stub-
bornness, of his nature, was aroused. There was an evident reserve
in his manner towards them at the Council Board. The simple
truth of the matter seems to be that he was incapable of studied,
persistent dissimulation, and could not personate a confidence and
good-fellowship which he did not feel. But the disingenuousness
did not bejiin and end here. He established intimate relations with
several prominent members of the Opposition, and if their own
accounts are to be credited he even went so far as to hint very
strongly at the want of cordiality existing between himself and
his Councillors. He made no secret of his kindly feelings towards
several leading members of the Conservative party, and repeatedly
invited them to private conferences. About two months after the
conversation between Mr, Lafontaine and Captain Higginson, the

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THE HON. SHI JOHN A. MACDONALD, K.C.ii., D.C.i..

(From a recent riioUigrapk by Tophij, of Ottawa.)

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SCENE IN MUSKOKA.

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THE HON. IX 1. MACFHERSON.

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What ia to Become of the Governor-General ?

297

Governor had a long interview witli Mr. Ogle R. Gowan, one of the
most pronounced Conservatives in the country. This gentleman
was not at that time a member of Parliament, but he was the editor
and proprietor of one of the most ably conducted Opposition news-
papers in Canada, and was unsparing in his criticism of the existing
Administration. He was also Grand Master of the Orange body,
and as such wielded a tremendous political influence. The Governor
sent for this gentleman a few days prior to the anniversary of the
battle of the Boyne, for the ostensible purpose of inducing him
to put forth his power as Grand Master to prevent the Orange-
men from engaging in any public demonstrations on the 12th
of the month. The success of this appeal has been chronicled
in the preceding paragraph. But it appears that the conver-
sation was not confined to such topics. Mr. Gowan's account
of the interview, as given in a letter to his partner, ar ibse-
quently published in the new.spapers, was to the effect that he
iind the Governor had had a long and confidential discussion on the
l^olitical situation. Mr. Gowan seems to have suggested certain
changes in the Ministry. That one in Sir Charles Metcalfe's position
should have tolerated such a suggestion from such a source, much
less that he should have listened to it with favour, seems almost
incredible. Mr. Gowan's letter, howevei", is very specific. It says :
" Don't be surprised if Baldwin, Hincks and Harrison tvalk, or that
Cartwright succeeds the latter. This may be all done without
offending the Radicals, and without losing the interest of either of
the three who retire. This, to you, must appear a paradox, but it
is so, nevertheless. I have received in writing, marked ' Private,'
his Excellency's thanks for my memorandum of plan." That Mr.
Gowan in thus writing to his partner made the most of the conver-
sation, for the purpose of exalting himself in that partner's eyes, is
exceedingly probable ; but that some such topics were discussed
between him and the Governor there seems to be no good ground

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298

The Last Forty Years.

for doubting. Of course, nothing of all this was known to the
Ministers until the publication of the letter, which did not take
place until the following year. It is hard to believe that the
Governor could have been so ignorant of the titness of things as
not to know that he was acting with most culpable impropriety
in thus intri<,aun2: arjainst his sworn advisers with one of their
bitterest enemies. It is charitable to hope that the intrigue was
not deliberately planned on the part of his Excellency, and that
in an unfortunate moment lie was betrayed by Mr. Gowan's confi-
dent and insinuating mainer int » using incautious expressions.
Still, after all allowances and deductions have been made, it must
be admitted that the Representative of Majesty was culpably oblivi-
ous of what was due to his Sovereign, to his Ministers, and to him-
self, in permitting even the most distant allusion on Mr, Gowan's
part to such matters as those indicated in the letter.

The Governor's incautious expi-essions to several persons uncon-
nected with the Government, and his i>rivate conferences with promi-
nent Conservatives, erelong gave rise to a widespread belief that his
Excellency was disgusted with his Councillors, and would be glad to
be rid of them ; that their arrogant pi'etensions alternately aroused
his anger and contempt.* It was said that all his sympathies were
with the Opposition. These rumours almost daily found their way
to the ears of the members of the Cabinet, to whom they were very

•That the Governor did really entertain such feelings as those attributed to him seems,
to say the le.ast, prolialile. His despatches and private letters ahoiind with what may be
characterized as suppressed sneers. " The Council," wrote he to Lord Staidey on the iMth
of Ajiril, "are now spolien of by themselves and others generally as 'the .Ministers,' ' the
Administration,' 'the Caliinet,' ' the (Jovernment,' and so f<prtll. Tiieir pretensions are
according to this new nomenclature. They regard tiieniselves as a rcsponsilile Ministrj',
and expect that the policy and conduct of the Governor shall be subservient to their views
and party purposes,"— Kaye, Vol. TI., p. 3T2. Again: "He was wont," says his bio-
grai)her, "writing to his Indian friends, to compare his position to that of an Iniiian
(Jovernor, who nli^dlt have to rule through the agency of a Maiiomedan Ministry and a
Mahomedan Parliament. 1 find the same form of expression used in more than one letter,
but I am not sure of the correctness of the analogy."—/?;., p. 371.

What is to Become of the Governor-General?

299

unpalatable, as they naturally tended to weaken the popular respect
for them, and raised difficulties in their path which otherwise would
have had no existence. The rumours, however, were not suffi-
ciently direct or specific to justify any conference with the Governor
on the subject, and the Ministers carried their coals with such
patience as they could command. They had abundance of hard
work on their hands. As the summer glided by, they were busily
occupied in preparing measures for the ensuing session of Parlia-
ment, which, after repeated prorogations, had been summoned to
meet on the 28th of September. Much hostile comment, on the
part of the Conservative press, was evoked by the return
from exile of a number of persons who had been compromised
in the troubles of lS37-'38. Conspicuous among these were Dr.
John Rolph, Dr. Charles Buncombe, Dr. Thomas D. Morrison,
David Gibson, Nelson Gorham and John Montgomery, to each
of whom a pardon had been granted under the Great Seal.
Di\ Wolfreil Nelson had returned some months previously, and
had resumed the practice ol* his profession at Montreal. On
the 28th of August a noUe lyroscqui was entered in the Court
of Queen's Bench at Montreal, with res[)ect to Dr. Nelson and
two of his former coadjutors. Dr. E. B. O'Callaghan and Thomas
Storrow Brown. This was done at the instigation of Mr. Lafon-
taine, who pressed upon his Excellency the expediency of grant-
ing a general amnesty for all political offences. His Excellency
was disposed to yield his assent, with an express reservation in the
ca.se of the ringleaders, Papineau and Mackenzie. Mr. Lafontaine
declined to acquiesce in the proposed reservation, and the Governor
finally gave way so far as to authorize the entry of a nolle pi'oinuini
against Mr. Papineau also. The authority was at once acted upon,
but Mr. Papineau, who was then living at Paris, France, did not
avail himself of his privilege until long afterwards.

The Governor seems to have tried hard to understand, and make

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300

The Last Forty Years.

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the best of, his singularly uncongenial position. He devoted much
of his leisure time to the study of the Canadian constitution. The
fact that much time was needed \vas of itself tolerably good
evidence that he was not in his proper element, for he enjoyed
peculiar advantages in being able to prosecute his studies on the
spot, and with the aid of competent advisers, who would willingly
have afforded him the benefit of their judgment on all questions
of difficulty. But he distrusted all his official advisers except Mr.
Daly, and had no mind to consult them. As for Mr. Daly, he was
intellectually the weakest man in the Council, and, as subsequently
appeared, was himself hopelessly at sea on matters relating to the
constitution. He was an old bureaucrat, fond of his office and his
salary, who believed his mission in life to be to support the exist-
ing Imperial Government, no matter who might be at the head of it,
and no matter what might be its policy. The Governor was wise
enough to perceive that not much weight could be attached to Mr.
Daly's judgment, and does not ai)pear to have sought that gentle-
man's advice at this time. He read over Lord Durham's report and
the various despatches between the Home and Colonial Govern-
ments for several years past. These he pondered in his own mind,
and seems to have been lost in a maze of contradictory evidence.
He could perceive easily enough that Lord Sydenham's views on
the question of Responsible Government had from time to time
undercone various modifications. He was thus led to conclude
that Lord Sydenham, in his most liberal concessions, had either
made a great mistake, or had been acting under a sort of political
duress. In neither case did he consider himself bound to sacrifice
at Lord Sydenham's shrine. This appears very clearly from his
despatch to Lord Stanley dated the 5th of August.* " I find,"
says the mi.ssive, "that in the early portion of his [Lord Syden-

*F()r the full text of thin remarkable ileiipatch, see "Selections from the Papers of Lord
MetCftlfe," pp. 412, 413.

What is to Become of the Governor-General ?

301

ham's] despatches, whenever Responsible Government is alluded to,
in the sense in which it is here understood, he scouts it. . . In
composing his Council of the principal executive officers under his
authority, in requiring that they should all be members of the
Legislature, and chiefly of the popular branch, and in making their
tenure of office dependent on their commanding a majority in the
body representing the people, he seems to me to have ensured, with
the certainty of cause and effect, that the Council of the Governor
should regard themselves as i*esponsible, not so much to the Gover-
nor as to the House of Assembly. In adopting the very form and
practice of the Home Government, by which the principal Ministers
of the Crown form a Cabinet, acknowledged by the nation as the
Executive Administration, and themselves acknowledging responsi-
bility to Parliament, he rendered it inevitable that the Council here
should obtain and ascribe to themselves, in at least some degree, the
character of a Cabinet of Ministers. If Lord Sydenham did not
intend this, he was more mistaken than from his known ability one
would suppose to be possible ; and if he did intend it, he, with his
eyes open, carried into practice that very theory of Responsible
Colonial Government which he had pronounced his opinion decidedly
against. I cannot presume to account for this apparent inconsis-
tency otherwise than by supposing either that he had altered his
opinion when he formed his Council after the union of the two prov-
inces, or that he yielded against his own conviction to some necessity
which he felt himself unable to resist." Sir Charles then draws
consolation from the supposed fact that Lord Sydenham " was little
accustomed to consult his Council, and that he conducted his Admin-
istration according to his own judgment" — an assertion which will
by no means bear investigation. Lord Sydenham was a man of an
extraordinarily active mind, who was sent out to this country to
accomplish extraordinary work. He acted, to a large extent, as his
own Prime Minister, and obtained great ascendancy over his Execu-

802

The Last Forty Years.

tive Councillors. He could crenerally persuade the latter to adopt
his views of public questions, but he did not venture either to act
without their consent or to run counter to their advice. " The term
' Responsible Government,' " continues the despatch, " was derived, I
am told, from the marginal notes of Lord Durham's report. Pre-
viously to the publication of that document, the democratic party
in Upper Canada had been struggling for a greater share than they
possessed in the administration of the government of the country ;
but they had no precise name for the object of their desires, and
could not exactly define their views. Lord Durham's report gave
them the definition, and the words Irresponsible Government, Re-
sponsibility of the Government, Responsibility of the Officers of the
Government, occurring repeatedly in the marginal notes, it is said
furnished the name." Such erroneous statements as these prove
beyond doubt that the Governor was chiefly indebted to his own
researches, rather than to competent Canadian authorities, for his
opinions on Canadian political aflfairs. It also proves that his
researches were restricted within veiy narrow bounds. There was
not one of his official advisers — nay, there was hardly a public man
in the country — but could have set him right on this point. The
term " Responsible Government " was at least as old as 1828. For
more than ten years before Lord Durham's report was published the
exjn-ession was a household word in Upper Canada, as well as in
Nova Scotia. Though not so widely known in Lower Canada, it
was not uncommon there. It would be easy to fill a volume with
extracts from the newspapers of that period, proving that the phrase
was nearly as common in men's mouths in the Upper Province as that
of " Representation by Population " subsequently became. Robert
Baldwin, his father. Dr. Baldwin, Peter Perry, and indeed all the
leading members of the Reform party in Upper Canada, con-
stantly employed the term in their public speeches. As early as
1830, nine years before the publication of Lord Durham's report.

Wfiat is to Become of the Governor- General ?

30S

Mr. Ogle R. Gowan published at Toronto a pamphlet entitled
" Responsible or Parliamentary Government," in which the theme
was discussed with much clearness and vigour. In 1836 there was
a battle between Sir Francis Head and his Councillors on the sub-
ject, the echo of which rang from one end of the Province to the
other. When Mr. Hincks started The Examiner at Toronto, in the
sunnner of 1838, months before Lord Durliam's report was written,
he adopted as the motto of his journalistic venture, " Responsible
Government and the Voluntary Principle." Joseph Howe, the
present Sir William Young, and others had made the phrase well
known in Nova Scotia. In fact, it was a familiar term throughout
the British North American Colonies for yea^s before Lord Durham
was connected with Canadian affairs. Lord Durham simply adopted
the phrase w^hich he found in vogue throughout the country, and
no more invented the name than he invented the thing itself. Sir
Charles Metcalfe's despatch from first to last is a bundle of errors
and misconceptions. Its tone is one of anxiety, almost of despond-
ency. Lord Stanley, after perusing it, could not have been in doubt
as to the inevitable future, and if he had wished to preserve
Responsible Government in Canada it would seem that he ought
to have lost no time in recalling Sir Charles Metcalfe and appoint-
insf his successor.

The time was approaching when the opposing forces of the
country were to encounter each other. During the late summer
and early autumn his Excellency sought relief from the mani-
fold worries and oares of office by a hurried tour through the
mox-e settled districts of the Province. He successively visited
Bytown, Montreal, Quebec, Three Rivers and the Eastern Town-
ships, returning to Kingston by way of Cornwall during the first
week in September. After resting a day or two he set out on
a western tour extending as far as London, and including all the
more important towns on the route. That he should be well

';i> ' '*:

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Tlie Last Forty Years.

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received wherever he went, and that he should be made the recipient
of numerous congratulatory addresses, was a necessity of his posi-
tion. " Colonial communities," says his biographer, with a patron-
izing air, " are an essentially address-presenting people." * In the
addresses which now poured in upon the Governor the most diverse
sentiments were expressed as to the true policy required for the
country's good. In nothing did the virulence of party strife appear
to less advantage. In an address from the inhabitants of the town-
ship of Pelham, in the Niagara District, " unfeigned sorrow " was
expressed that efforts had been made to weaken his Excellency's
opinion of Messieurs Baldwin and Lafontaine and the other members
of his Cabinet; and it was hoped that his confidence in those
Ministers would not be diminished by any representations made by
the enemies of Responsible Government. In another address, from
the people of Orillia, his Excellency was recommended to dismiss
Messieurs Harrison, Lafontaine, Baldwin, Hincks and Small from
his Councils — a proceeding, which, it was suggested, would tend to
the " real good, happiness and prosperity of the countrj'.'i" In at
least one instance there was so little local unanimity of sentiment
that the inhabitants could not agree upon the terms of an address
for presentation, and it became necessary for the Governor to
receive and reply to two different addresses from the same com-
munity.+ From all which it is apparent that his Excellency's
position was one calling for the exercise of great tact, prudence and
discrimination. He mildly rebuked the unbecoming rancour of
party spirit wherever he found it, and exhorted the people to \i\y
aside the animosities engendered by a condition of things which no

* Kaye, Vol. II., p. 355. \Ih., pp. 357, 358. ,

X "The Talbot District was a very hotbed of faction. On Metcalfe's arrival he had
received two addresses from it, one calling upon him to support the liberal institutions of
the coiiiitry ; and the other denouncing; Responsible Government .as a danf^erous innova-
tion that must leatl to the disruption of the colony from the mother country."— /6.,
p. 3.'>i', note.

What is to Become of the Governor- General ?

305

longer existed. On the subject of Responsible Government the
remarks in some of the addresses were so pointed that he could not
avoid numerous references to it. He frequently admitted that he
had found the system in vogue upon his arrival in Canada, and he
uniformly professed himself as its friend and upholder. That his
Council and himself were not agreed as to what was included in
the term "Responsible Government," however, and that a collision
between them would take place sooner or later, was rendered clear
enough. In his reply to an address from the people of the Talbot
District he made use of the following ominous language : " It " —

o CO

i.e., Responsible Government — " may be pushed to an extreme
which would render it impracticable ; and that is the case when it
is attempted to render the Governor merely a tool in the hands of
a Council, demanding that the prerogative of the Crown should be
surrendered to them for party purposes."*

The Governor-General returned to Kingston on the 24th of the
month, in time to open Parliament at the date appointed.

* Kaye, Vol. II., p. 359.

Gv-^

Chaptkr XV.
ON THE EDGE OF THE STORM.

;v;

King John. Si> foul a sky clears not without a storm. — King John, Act IV., so. 2.

" To appoint to office ia an undoubted prerogative of the Crown, but a Cabinet Coun-
cillor's whvile duty, as such, is to advise upon the exercise of undoubted prero^'atives of
the Crown. No one denies the legal riglit of the Crown to exercise any of its prerogatives,
without the advice of Councillors ; but Councillors who would remain responsible for
appointments to office, when tlieir claim to be advised with upon them was denied, would
be worse than anomalies— they would be fools and deceivers." — Legion's Letters on
Respomihle Ooicrnment, pp. 58, ."lO.

HE approaching session had for some time been looked
forward to with anxious expectation, and even with
solicitude, by all classes of politicians. It was known
that several questions of vital importance must engaore
the attention of Parliament, upon each of which there
would be wide divergence of opinion. Rumours of
impending complications between the Governor and his Ministers
had got abroad, and had given rise to the most absurd conjectures
on the part of the enemies of the Administration. For several
days before the opening, considerable numbers of people, in addi-
tion to members of Parliament, continued to arrive at Kingston from
all parts of the Province. The hotels and places of public enter-
tainment were filled to repletion, and the little town had never
presented so stirring an aspect.

Several new members of the Assembly call for a few special words
of mention. Conspicuous among them was Henry Sherwood, ex-
Solicitor-General for Upper Canada. Since his demission of office, a

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On the Edge of the Storm.

307

I I

year before this time, lie had been returned to the Assembly for the
city of Toronto, in the place of Mr. Isaac Buchanan. * He now
came down to Kingston in a frame of mind which impelled him to
make the most of any grounds of opposition to the Administration
which might present themselves. Jean Chabot, a French Canadian
advocate of some ability, also now took his seat in the Assembly for
the first time, having just been returned for the city of Quebec, upon
the resignation of the previous member, Mr. David Burnet.-f- M.
Chabot's limited knowledge of the English language prevented him
from taking as conspicuous a part in the debates of the time as he
was otherwise well qualified to do, but he exercised much influence
over his compatriots, and was recognized as one of the political
forces of Lower Canada.

A more remarkable man than either of the preceding was Edward
Gibbon Wakefield, who had been returned for the constituency of
Beauharnois, upon the resignation of Mr. J. W. Dunscomb. Mr.
Wakefield was an Englishman by birth ; a msin of great talents and
much learning, more especially in the department of political econo-
my. He was born in 179G, and had passed through some rather
strange mutations of fortune. From his youth he had devoted
much attention to colonial affairs, his knowledge whereof may
almost be said to have been to some extent inherited, for his father
was an enthusiast in matters relating to colonization, and had written
one or two pamphlets on the subject. The son was one of the prac-
tical school of politicians that grew up in England during the second
and third decades of the present century. He wrote much for the
newspaper press, and before he was thirty years of age he was.
known to some of the leading Whigs as a remarkably well-informed

* Mr. Buchanan resiKned his nieinliershiti in the Assembly on the 2nd of January, 1843.
Mr. Sherwood was elected in the foUowinj,' March.

fMr. Burnet resiijned on the 20th of August. M. Cliabot was elected on the 18th
of September.

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The Last Forty Years.

man on colonial and economical questions. His opinions inspired
general respect among such students of the national polity as were
familiar with his writings, and it seemed as though a future of
great brightness was before him, for he was ambitious, and in
some directions barely stopped short of genius. But, unfortunately,
his moral qualities were not upon a plane with his intellect and
his learning. His pecuniary means were small, and in 1824 an
unfortunate investment deprived him of nearly all he had. Then
commenced the descensus Averni. Adversity tries the temper of
men's souls, and the soul of Edward Gibbon Wakefield was not
found equal to the ordeal through which he was compelled to
pass. In endeavouring to retrieve his fortunes he connected him-
self with more than one transaction of questionable repute, and
finally with a transaction as to the character of which there
could be no question at all. In plain English, he entered into
a conspiracy for the abduction from a boarding-school of a wealthy
young lady of fifteen years of age. The motive of the abduction
seems to have been wholly mercenary, and it is to be feared
that the transaction had few exculpatory features about it. The
story is not an agreeable one to tell, and .shall not be told at
length in these pages. Those who wish to go into the matter may
consult the authorities quoted below.* Suffice it to say that there
was a family conspiracy between Mr. Wakefield, his brother, and
his stepmother ; that by means of forged letters and the grossest
falsehoods the young lady was induced to put herself in Mr. Wake-
field's charge, and afterwards to accompany him to Scotland, where
there was a Scotch mari'iage by the Gretna Green blacksmith, David

* " Trial of Edward Gibbon Wakefield, William Wakefield, and Frances Wakefield,
indicted with one Edward Thevenot, a Servant, for a Conspiracy, and for the Abduction
of Miss Ellen Turner, the only Child and Heiress of William Turner, Esq., of Shrijjley
Park, in the County of Chester." London, 1827. See also, " The Member for Beauharnois :
a True Narrative," published at Montreal in 1842 ; Blackwood's Magazine, Vol. XXI.,
p. 522; also Vol. XXII., p. 63; Edinburgh Keview, Vol. XLVII., p. 100; Annual
Register, Vol. LXIX. (1827), pp. 316-326; Canadian Portrait Gallery, Vol. II., p. 32.

'**"

On the Edge of the Stot^i.

30^

Laing. This marriage was subsequently annulled by Act of Parlia-
ment. Mr. Wakefield, who at the time of the exploit was thirty-
years of age, and a widower, was arrested, tried, convicted, and sen-
tenced to a term of two years' imprisonment in Newgate. After
serving his term he came out of prison, amended his ways, and em-
ployed his great talents in maturing a scheme of colonization. He
for some time gave himself wholly up to a literary and journalistic
life. He edited and published an edition of the great work of Adam
Smith. He also published several other suggestive and valuable
works, the most widely known of which was issued anonymously
in London in 1833, under the title of" England and America : a Com-
parison of the Social and Political State of the Two Nations," which
was highly eulogized by competent critics. His past misdeeds, how-
ever, and the imprisonment he had undergone, had left a stain upon
him which could never be wholly obliterated, and which rendered
it impossible for him to attain high and honourable distinction
in his native land. His plan of colonization recommended him to
the notice of some of the leading: statesmen of Great Britain, among
whom were numbered Earl Grey, his son-in-law, Lord Durham, and
Lord Stanley. Lord Durham found him a man of very remarkable
intellectual power and originality, and when that nobleman came
out to Canada in 1838 as Governor-General and Lord High Com-
missioner, Mr. Wakefield accompanied him as C-'^.e of his attaches.
That Mr. Wakefield's knowledge and services were of inesti-
mable value to Lord Durham is unquestionable, and it is at least
probable that some able practical suggestions embodied in the
famous report may have originated with him. He remained in
Canada after Lord Durham's departure, but eventually followed his
Lordship to England, where, in conjunction with his friend Mr.
Charles Buller, he concerted a scheme for raising money in Great
Britain to be expended in local improvements in Canada. In
furtherance of this project he again came out to this country. He

310

The Last Fuvty Yearn.

for some time acted as the Canadian correspondent of the Colonial
Gazette, and many of his letters to that periodical display an
unusual degree of economical knowledge and political prescience.
In July, IS-ii, Mr. Dunscomb, the sitting member for Beauharnois,
resigned his seat, in consequence of his prospective appointment as
Warden of Trinity House, Montreal. Wv. Wakefield ottered himself
to the electors of that constituency as their representative, and was
elected in the following November. During the canvass all the
unsavoury details connected with his past life were raked up and
published for the edification of the people of Canada. He now took
his seat as an avowed and earnest supporter of the Administration.
In personal appearance he was stout and portly, with a full face
and a fioi'id complexion. As a public speaker he ajjpealed to the
reason rather than the imagination, and there was little of the ad
captanditm orator about him. He was better calculated to impix'ss
educated men than the public at large, and by consecpienco was not
well fitted for the labours of an election campaign, although he
possessed many rare qualifications for a legislator.

The Legislative Council had also received several additions, the
most imjjortant of which was Mr. Draper, late Attorney-General
for Upper Canada, who had been appointed to a seat in that body
on the lOth of April. Dr. William Warren Baldwin, father of
Robert Baldwin, was gazetted a iriember of the Council, but did not
take his seat during the ensuing session, owing to ill health. Before
another meeting of Parliament had been summoned he was no more,
.so that he never sat in the Legislative Council.*

A mea.sure providing for the removal of the Seat of Govern-
ment from Kingston to Montreal having been resolved upon by the
Ministry, Mr. Harrison, Provincial Secretary for Upper Canada, was
constrained to hand in his resignation. He sat in the Assembly as
member for Kingston, and felt bound to his constituents to ad-

* Dr. Baldwin's death took place on the 8th of January, 1844.

r^i

On the Edge of the Storm.

311

vocate the retention of the capital there* The Ministry having
determined upon the removal, as a Government measure, he had no
alternative but resignation, and this alternative he adopted at the
opening of the session.^ The abolition of the office which he held
had been determined upon by the Ministry some time before, and
there was no attempt or intention to appoint a successor. Mr. Har-
rison, after his resignation, continued to yield a general support to
the Government so long as the .session lasted.

His Excellency's Speech at the opening, which took place at two
in the afternoon of the 28th, was quiet, dignified, and comprehensive
as to details. The fashion and beauty of the Provincial capital
were fully represented in the Council Chamber, After alluding to
the birth of a princess ,| the Governor spoke in sympathetic terms of
the death of his predecessor. He next referred to the Imperial Act
which had been passed, whereby the importation of Canadian wheat
and flour into the iJnitcd Kingdom was facilitated, ileferring to
the Provincial tour which he had just completed, hj' expressed his
gratification at the evidences of progress and loyalty which he had
encountered. The character of some of the more important measures
which were to be submitted to Parliament was briefly hinted at ;
and the insufficiency of the prison and asylum acconnnodation com-
mented upon. It was noticed that his Excellency carefully abstained
from any reference to subjects likely to lead to prolonged debate.
His delivery was marked by a fli'm manliness of tone, but some of
those nearest to him observed that his usually placid countenance
bore traces of anxiety. He doubtle.ss felt much solicitude as to what

* At a i)ul)lic meeting of tlie inhabitantH of Kinijston heM soon after the opening of the
session, Mr. Harrison stated that lie had l)een elected wnthimt any express pledge, but
that as the Government had been brought there, and was actually there at the time of his
election, he felt that there was an implied pledge on his i)art to maintain the Seat of
Oovernment within Upper Canada, so far as he might be able to do so.

t His formal resignation is dated the 30th of September.

+ Alice Maud Mary, who was born on the 2oth of April, 1843.

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T/te Last Forty Years.

the session would bring forth. He was moreover not free from
anxiety on the subject of his bodily health. The cancerous forma-
tion had of late begun to assume a malignant appearance, and had
given rise to serious forebodings. Its nature was of course unknown
to the ])ublic, but his face was somewhat disfigured by the fleshy
tumour, as it seemed, of about the size of an acorn, in the middle of
the left cheek. In every other respect he seemed to be, as to his
outer man, the very model of a colonial Governor. He was about the
middle height, with just suflicient corpulency to impart an appear-
ance of prosperous dignity. His countenance was full, and rather
massive, and his capacious brow was indicative of much intellectual
power. Ilis silvery locks betokened mature, but not advanced age,
and he carried his nearly three-score years with a quiet and becoming
dignity.

Although the Speech from the Throru had been prepared with a
view to avoiding debate, it did not pass unchallenged. The Ad-
dress in reply gave rise to considerable discu.ssion in both Houses.
In the Legislative Council the debate was closed on the last day
cf September by an able speech from Mr. Sidlivan. In the As-
sembly it was protracted for some days longer. The Opposition
felt their numerical weakness, and displayed mucli factiousness.
The most memorable episode of the debate was an encounter which
took place on the .Srd of October between Sir Allan MacNab and
Robert Baldwin. Sir Allan, in the course of a speech delivered in
opposition to the Address, singled out diflerent members of the
Government for personal attack. During his onslaught upon Mr.
Baldwin he referred to the fact that that fjentleman had gone out
with a flag of truce to the rebels at Gallows Hill, near Toronto, in
the month of December, 1837. " Is it not notorious," said the Knight
of Dundurn, " that the traitor Rolph was the bosom friend of the
Attorney-General ? Is it not notorious that the Attorney-General
was the person who, in company with him (Rolph), carried the flag

On the Edffc of the Storm.

313

of truce to the rebels who had assembled in the vicinity of Toronto
with the intention of attacking it ? " The implication was that
Mr. Baldwin had himself been a disloyal and deceitful man. For such
an innuendo there was of course not the shadow of justification.
The facts, briefly stated, were these.* In December, 1837, Mackenzie
and his adherents were encamped to the north of Toronto, and
contemplated an attack upon the city. Sir Francis Bond Head, the
Lieutenant-Governor, in order to gain time, determined upon parley-
ing with the insurgents. He despatched an emissary to Mr. Baldwin,
with a request that the latter would be the bearer of a flag of truce.
Mr. Baldwin complied with the request, stipulating only that some
one else should joi; iiim in his embassy. The other person selected
was Dr. John Rolph,i' who, miknown to Mr. lialdwin, was as deeph*
implicated in the rebellion as was Mackenzie himself. The pair
procecflcd on horseback to (Jallows Hill, and had an interview with
Mackenzie, who demanded their credentials. They were not pro-
vided with any, and the insurgent leader refused to hold any
discussion with them until they could shov him written authoritj'
fiom the Lieutenant-Governor to enter into negotiations. They then
rode back from the rebel headtpiarters to Toronto, to obtain the
credentials demanded by Mackenzie. Sir Francis Head, liowever,
was by this time i-einforced, and felt safe. He declined to ratify
his embassy. Dr. llolph's share in the transaction requires no fur-
ther allusion in this place. He soon afterwards Hed from the
I'rovince to escape the consequences of his treason, and did not re-
tui'u until a special pardon had been issued to him in tlu; summer of
1843, as already recorded.:^: By Sir Francis Head's refusal to furnish

• Fur IV iiuich ftillt'i- acpoiint of tliis episndo, sep tlie Hketch of tlu' life of the Hon. RoJjert
]ial(twiii, ill " Tlie (.^uiiKliiiii roitmit (iallery," V^ol. I., pp. 32-3*1.

+ Mardhall Hpriiik' lUtlwpll had previou.ily been propoHeil by Mr. nahlwin as his coiu-
))anioii on the expeilition, ))\it that Kentlenian had declined tu go. It was after hix refusal
that Dr. I{i>l[>h was applied to.

tAnte, p. 21W.
21

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314

The Last Forty Years.

the credentials demanded, Mr. Baldwin was placed in an equivocal
light, and without the satisfaction of having accomplished any good.
This was the part played by Mr. Baldwin, for which he was now
taunted by Sir Allan MacNab. He had been subjected to similar
taunts before, and had deemed it beneath his dignity to reply to
them, but on this occasion he adopted a contrary plan. He rose to
his feet, and addressed the Assembly with calm and impressive
earnestness, detailing the particulars with such minuteness as to
render it impossible for any one to misunderstand the story. He
sat down amid resounding cheers from all parts of the House,
and it was felt that he had only done simple justice to himself in
making his explanation. It is fair to Sir Allan MacNab to say that
he had never before clearly understood the precise nature of Mr.
Baldwin's mission to the insurgents, and that he subsequently made
a public apology for his remarks.

The debate on the Address having been disposed of, and the
Address itself having been passed without amendment, the Govern-
inent were at liberty to devote their attention to other mejusurcs.
Iv. was not necessary to take much account of the Opposition, who
were totally without anything deserving the name of a policy, and
who were too feeble in i)oint of number to be dangerous. The
rank and file of the Opposition had comparatively little to say
in Parliament. The leaders chiefly confined their assaults to
raking up old tales about disafiection and disloyalty. On only
one important measure did the Administration encounter serious
obstruction ; namely, on the Seat of Government question. On
the 9th of October the Hon. Mr. Daly, in response to a motion
made some days previously by Sir Allan MacNab, presented a
message from his Excellency relative to the contemplated removal
of the capital. The correspoiid'^nce between the Home and
Colonial Governments on the subject did not acconjpany the mes-
,sage, which, however, contained the substance of a despatch from

On the Edge of the Storm.

315

the Colonial Secretary, conveying an intimation to the effect that
Her Majesty's Government declined coming to any determination
upon the subject of the permanent location of the Seat of Govern-
ment in Canada without consulting the Legislature of the Colony.*
It Avas intimated that any addresses either from the Assembly or
the Legislative Council upon that question, in favour of Montreal
or Kingston, would be favourably recommended to Her Majesty,
provided that such addresses were accompanied by an appropriation
to cover the necessary ex[)enses of removal and permanent location.
Toronto and Quebec were both mentioned in the despatch, and the
unsuitableness of both was admitted, as also was the project of hold-
ing alternate Parliaments in each. The choice was entirely restricted
to Montreal and Kingston. The matter was thus brought squarely
before the Legislatui'e, and the debate upon it in both Houses was
long and loud. In the Legislative Council the Government jiolicy
was upheld by Mr. Sullivan with even more than his customary bril-
liancy and vigour. In the Assembly the debate was not brought to a
close until early in November. The Opposition, though they were in
a hopeless minority, fought every inch of the ground. They urged
the implied undertaking of Lord Sydenham that the capital of the
Province should be in Upper Canada. That undertaking, it was
claimed, had been one of their chief inducements to consent to the
Union.f It was to be expected that Upper Canadians would look with
disfavour upon the project of removal to Montreal, and the lines of
party discipline could not l)e drawn with sufficiimt tightness to com-
pel obedience to the dictates of the Government on the part of all
their supporters. William Hamilton Merritt and Malcolm Cameron,

•Sir (Uiarlen Metcalfe, ivt tlie instance <>( his Councillors, had consulted the Secretary
i)f State as ti) the exjiediency "f removing,' the capital from Kiii^'nton.

t By some of the members it was represented as having,' been an •mplieil undertaking on the
part of Mr. Thomson, afterwards Lord Sydenham. Others — Sir Allan MacNah and Mr.
Cartwright among tiiu number— claimed tiiat the \mdertaking had been vxprc*s, but

316

iMi

mm.

If.. " "

The Last Forty Years.

who generally gave in their aiihesion to the Ministerial measures, were
against the Government on this ([uestion, and supported the alleged
claims of Upper Canada with much vehemence. Nearly all the Upper
Canadian members, other tlian the members of the Government,
either voted against the Ministiy or abstained from voting altogether.
Tlie strength of the Administration was such, however, that they
could well afford to wink at the defective party allegiance of a
few of their supporters on this vexed and vexing question. On
the '2nd and 3rd of November the debate was brought to a close, ami
the Cabinet resolutions, moved by Mr. Baldwin and seconded by
Mr. Lafontaine, were carried by a vote of fifty-one to twenty-seven.
It was resolved that " in the opinion of this House it is expedient
that the Seat of Her Majesty's Provincial Government for this
Province should be at the City of Montreal." The hotly contested
matter was therefore disposed of, and before the next meeting of
Parliament the Seat of Government, together with all the para-
phernalia of oflice, had been removed from King.ston. Local pre-
dilections apart, there can be no doubt that the step was a wise
one. ^lontreal was nearly as central as Kingston, and had long
been a focus of commercial and social lifu. It was the poi't at
which the greater part of tlie Provincial revenue was collected, and
where the chief fiscal arrangements of the country were managed.
Kingston, on the other hand, had nothing to recommend it but its
central position.* Its unsuitableness was patent to all, and an
agitation for removal had been on foot ever since Lord Sydenham
had fixed ui)on it as the site of the Provincfal capital. This agitation
would doubtless have been maintained, to the great loss of the public

•Charles Dickens, at the time of his vi.sit to Kini,'8ton, in 1842, pronounced it to be "a
very poor town, rendereil still poorer in the appearance of its market-place by the ravaj,'o.s
of a recent fire." "Indeeil," he allied, " it may be said of lvinK.-<ton that one half of it
appears to be burnt down anil the other half not to l)e built up. Tlie (Jovornnient Hou.se
is neither ele(,'arit nor commodious, yet it is almost the only house of any importance in
the neighboui-liood."--.cli((''i'iffl« Nutfi, Chap. XV.

On the Edge of the Storm.

317

time, and to the detriment of legislative business. The Montreal
experiment eventually proved a failure, but the failure was due to
causes which no human wisdom could have foreseen or provided
against in the year 1843.

The session, during the first few weeks of its progress, was a very
busy one. Some important measures were passed, and others of
equal importance were inaugurated, but not carried through, owing
to the complications to be detailed in the following chapter. Ever
since the meeting of Parliament the antagonism between the Gov-
ernor and his Councillors — Mr. Daly always excepted — had been
slowly but surely gaining ground. There had been no unplea.sant
words at the Council Board, but a chilling coldness of atmosphere per-
vaded the deliberations there. The chilliness was rendered all the
more appax'ent by the warm cordiality which marked the Governor's
demeanour towards Mr. Daly, who was not in good odour with his
brother Councillors, some of whom suspected him of intriguing with
the Governor and the Opposition against them. As for the Gover-
nor, he showed an increasing dispDsition to make light of the respon-
sibilities of his Ministers, and at the same time to magnify his own.
After giving his consent to the introduction of a Bill for the sup-
pression of secret societies, and after the measure had run the
gauntlet of opposition in both Houses, he had, without a word of
explanation, announced his determination to reserve it for the signifi-
cation of Her Majesty's pleasure. The first intimation of this fact
came to the Ministry in a roundabout fashion from a gentleman
who was not even a member of Parliament, and who was a staunch
opponent of the Administration. That the Governor had the right
to reserve the Bill was undeniable, but the Ministers considered that
they had been treated cavalierly in not being vouchsafed a full and
cordial explanation, and they wei'e, rightly or wrongly, under the
impression that he had determined to reserve it for no other reason
than to display his power over them. They considered that in any

!:;

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318

TJic Last Forty Years.

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case they ought to have been the first to hear of his intention. Their
position, moreover, was rendered increasingly intolerable by the
rumours afloat to the effect that his Excellency governed the country
as he thought proper, and neither sought nor desired advice from
his Ministers. Notwithstanding Mr. Lafontaine's strongly expressed
opinion* as to the necessity for the Governor's consulting his Minis-
ters on all appointments to office, it was found that appointments
were ofTered, and in some cases actually made, without a word on
•the subject having been communicated by the Governor to his
Councillors. It came to the knowledge of the Ministers that the
Speakership of the Legislative Council — which had been vacated by
Mr. Jameson with strong expressions of contumely in consequence of
the vote on the Seat of Government resolutions — had been offered
successively to Mr. Levius Peters Sherwood, a leading Conservative,
and to Mr. Neilson, of Quebec, by both of whom it had been refused.
The vacancy was at last filled on the 8th of November, by the ap-
pointment of Mr. Caron to the post. Other appointments, it was
said, had been expressly promised by his Excellency to friends of
the Opposition, and with respect to none of them had he thought it
worth while even to deliver a hint of hi. intentions to his Ministers.
The influence of the latter with his Excellency was currently re-
ported to be far less than that of Sir Allan MacNab, Mr. Cartwright,
Mr. Draper, or Mr. Sherwood. The Ministers were covertly taunted
on the very floor of the House with the Governor's disrespect for them.
Finally, at the beginning of the fourth week in November, it was
ascertained that a Mr. Francis Powell, son of Colonel Powell, an old-
time Conservative, had been appointed by his Excellency to the
vacant post of Clerk of the Peace for the Dalhousie Di.strict. The
information came to them from a prominent member of the Opposi-
tion, who had boasted some days before in the presence of Mr.
Baldwin that he would induce the Governor to make the appoint-

> AnU, pp. 28G-291.

On the Edge of the Sfoi^m.

31 D

mont in the teeth of his Ministers. The Ministers were disposed
to discredit the news, but next day they received a brief and formal
notification from the Governor of the fact of the appointment.
How disagreeable such a piece of intelligence must liave been
may be understood when it is known that Air. Baldwin had him-
self promised the position to a firm supporter of the A<lniinistra-
tion. The Ministers, of course, would be regarded by the country
as being responsible for this appointment ; an appointment as to
which they had not been consulted, and as to which they would never
have given their consent. It was the last straw on the back of the
camel. The pitcher had gone to the well once too often. The
Ministry, with the largest Parliamentary support at their back that
any Canadian Administration had ever been able to command,
found themselves practically ignored by their official head, and
treated as though they were of no account. His Excellency was
soon to learn, to his cost, that the meridian of Canada was not co-
incident with that of Bengal, and that Louis Lafontaine and Robert
Baldwin were the last men in the world to enact the role of Ulric
the Unimpeachable.

Chapter XVI.

^'^l

VM '^^

RESPONSIBLE GOVERNMENT.

" Loril Metcalfe became involved in difficulties with hU Council on a question relating
to the distribution of patronage. His ministers retired, 8upi)orted by a majority of the
Assembly. Could the continued absence of English constitutional principles from Cana-
dian government be more strikingly described?" — AnnKULEY's "lleview of The Colonial
Policy of Lord John BussclVs Administration, by Earl Grey, and of Subsequent Colonial
History ; " p. 27.

"Generally speaking, patronage in a country like England, is always exercised with a
view to the acquiring or preserving Parliamentary support. Na[)oleon, the King of
Prussia, and the Emperors of Austria and llussia might select individuals to fill offices on
the sole ground of their superior fitness to discharge their duties. But in a free country
suitableness for office is not the only thing to be attended to in deciding as to the comparative
claims of candidates for official preferment : if they possess it, so much the better ; but the
primary consideration is, how is the (rovernment to be carried on ? Now that, it is plain,
will be liest effected by securing the active support of the friend.^ of Government, and by
weakening the party of their opponents ; and the distribution of patronage is one of the
principal means by which these objects are to be realized. A Government that should
neglect to avail itself of this )iower could not long exist." — McCulloch's GKO(iKAPHiCAL
DiCTiONAKY. Article on England and yVules—Coiutitutio)ial Government.

HE Ministers received their first notification of Mr.
Powell's appointment on the afternoon of Thursday, the
23rd of the month. They felt that the time for self-
assertion had arrived. The delicate task of conferring
with the Governor was deputed to Mr. Baldwin and Mr.
Lafontaine, who waited upon his Excellency at Govern-
ment House on Friday, the 24th. There is no material conflict
in the accounts given of the conversation by those who participated
in it, though they differed widely as to the deductions to be drawn
from it. The two Councillors began by deprecating the humiliating
position in which they and their colleagues found themselves, owing

Responsible Government.

321

to the Governor's reticence in his intercourse with them, more
especially in the matter of public appointments. They called his
attention to the fact that appointments had been offered, and in
some cases actually conferred, upon persons who were no friends to
the Administration. They complained that their influence was
thereby brought to naught ; that they were sneered at by the Oppo-
sition ; that by the country at large they were held responsible for
acts they had not sanctioned, and as to which they had not even
been consulted. They also deprecated the reservation by his Excel-
lency of the Secret Societies Bill, after he had sanctioned its intro-
duction to Parliament. All through the interview his Excellency
remained perfect master of himself, but he could not conceal his
consciousness that a crisis had arrived in public affairs. He would
not, however, recede by so much as a hair's-breadth from the position
he had assumed. He admitted that he had made and ottered ap-
pointments without consulting his Ministers, and claimed that he
had simply exercised his prerogative in so doing. His interlocutors,
without denying his rights in the matter, submitted that they also
had rights of their own, one of which they would be called upon to
exercise unless a satisfactory understanding could be arrived at.
The right here referred to was of course that of resignation. On
the subject of the reserved Bill, the Governor averred that he had
given his consent to its being introduced into Parliament because
he hail prouiised, soon after his assumption of the Government, that
he would sanction legislation on the subject as a substitute for ex-
ecutive measures, which he refused to adopt on account of their
proscriptive character, although he deprecated the existence of
societies which tend to foment religious and civil discord.* He
then stated that ever since his arrival in the country he had observed
an antagonism between his own views and those of his Ministers on

|n|fl||j

'''('it!

•See the Governor's reply to Mr. Lafontaine's "Note to Sir Charles Metcalfe," etc..
dated from Governinent House, Novemljer 2Stli.

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322

T/ic Zas^ Forty Years.

the subject of the prerogative. The Ministers expressed their
astonishment and regret that his Excellency should have had this
consciousness so many months without hinting at anything of the
sort to his Councillors. The conversation lasted several hours.
The upshot of it was that the Councillors demanded from the Gov-
ernor that he would no lonojer ignore their existence in the matter
of public appointments ; that he would act upon their advice or not,
as he thought fit ; but that he would at any rate consult them
beforehand.* His Excellency was not disposed to bind himself by
any such stipulation, or indeed by any stipulation whatever. To do
so, he declared, would be at once to degrade his office and to sur-
render the prerogative of the Crown.f After discussing the ques-
tion with much earnestness, and apparently with entire good faith
on both sides, they mutually agreed to leave it open until the fol-
lowing day, when the Council were to meet. Next afternoon the
discussion was resumed at the Council Board, and the whole matter
was gone over again and again, with no result except that both

* "When the members of the late Executive Council offered their humble remonstrance
to his Excellency on this condition :ti public affairs, his Excellency not only frankly
explained the difference of opinion existing between him and the Council, but stated that
from the time of his arrival in the courtry he had observed an antagonism between him
and them on the subject, and notwithstanding that the memljers of the Council repeatedly
and distinctly explained to his Excellency that they considered him free to act contrary
to their advice, and only claimed an opportunity of giving such advice, and of knowing
before others his Excellency's intentions ; his Excellency did not in any manner remove
the impression left upon their minds by his avowal that there was an antagonism between
him and them, and a want of that cordiality and confidence which wouM enable them in
their respective stations to carry on public business to the satisfaction of his Excellency
or of the country. The want of this cordiality and confidence had already become a
matter of public rumour, and public opinion not only extended it to acts upon which there
were apparent grounds for difference of opinion, but to all measures of Government invol-
ving political principles. His Excellency, on the one hand, was supposed to be coerced by
his Council into a course of policy which he did not approve of, and the Council were
made liable to the accusation of assuming the tone and position of responsible advisers
of the Government, without, in fact, asserting the right of being consulted thereupon."—
See Mr. Lafontaine's "Note to Sir Charles Metcalfe, relative to the resignation of the
late Cabinet," dated from Daly's Hotel, November 27th.

+ See the Governor's reply to Mr. Lafontaine, uhi supra.

Responsible Government.

32.*^

.sides were, if possible, more firmly set in their respective opinions
than before.* They parted for th(} day, however, without any
actual rupture, the Governor repeatedly declaring that he subscribed
entirely to the resolutions of the Legislative Assembly of the 3rd
of September, 1841, and that he considered any other system of
Government than that which recognizes responsibility to the people
and to the representative Assembly as impracticable in Canada. "f*
In vain did his Councillors point out to him his inconsistency.
It was a simple waste of time. It was like describing the glories
of sunrise to one who had been blind from his birth. He seemed
to suffer from a congenital incapacity to perceive what he had made-
up his mind did not exist.

That niffht all the Councillors met and consulted together — all of
them, that is to say, except Mr. Daly, who had had no part in any of'
the ministerial proceedings above described, and who had already
announced his intention of standing by the Governoi", come what
come might. Throughout the whole of this episode, and indeed
thi'oughout the whole of his public career, Mr. Daly's conduct was
of a piece with that of the valiant Frenchman of whom most of us
have heard, who passed his life in coming to the rescue of the-
strongest. In his eyes the Governor was the Governor, the nomi-
nee of the Fountain of Honour, and his authority was paramount.
Sooth to say, Mr. Daly was in about as false a position as the Gov-
ernor himself. He was altogether out of his element. He could
see no reason whatever for resigning the sweets and emoluments,
of office, and setting himself up in opposition to authority, merely
to gratify a foolish. Quixotic notion about so trivial a matter as

* "Three or more distinct propositions were made to him [the Governor"! over and over
again, sometimes in different terms, but always aiming at the same jiurpose, which in his
opinion, if accomplished, would have been a virtual surrender into the hands of the
Council of the prerogative of the Crown, and on his uniformly replying to their propo-
sitions in the negative, his refusal was each time followed by 'then we must resign,' or
words to that purport, from one or more of the Council."~See the Governor's reply to.
Mr. Lafontaine, uhi supi-a. t lb.

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The Last Forty Years.

Responsible Government in one of Her Majesty's colonies. He was
there to obey the behests of royalty, and royalty in Canada was
represented by the Governor-General.

The result of the ministerial conference was that on Sunday, the
26th, nine out of the ten gentlemen comprising the Ministry (i.e.,
all except Mr. Dal}'^) tendered their resignations to his Excellency,
who signified his acceptance of them. In accordance with Parlia-
mentary usage in England in cases of ministerial resignations, Mr.
Lafontaine applied to the Governor for permission to explain to the
Legislature the reasons which had led to the existing state of affairs.
The permission, which was verbal only, was accompanied by a
request that the ex-Ministers would put on paper the substance of
the proposed explanation. This was done by Mr. Lafontaine, and
the document was delivered to his Excellency early on Monday
morning.* The ftict of the resignation soon became known all over
Kingston, and the anxiety and excitement on the subject were
intense. The political world of the capital was taken completely
by surprise. No sooner had the doors of the Assembly chamber
opened at ten o'clock on Monday morning than every foot of space
available for s})ectators was occupied. Before the commencement
of the regular business of the day Mr. Lafontaine rose and addressed
the House both in English and French. He announced that he and
his colleagues, with the exception of the Honourable Member for
Megantic, had deemed it tlrcir duty to tender their resignations.
He added that the Governor-General had accepted the resignations,
and that the ex-Ministry would at an early day explain to the House
the reasons for their conduct. Immediately after this announce-
ment the nine ex-Ministers vacated the Treasury Benches, leaving
Mr. Daly there alone in his glory. Only formal business was tran-

*0n this subject, see " La Crisr Minintiriclle et M. Drnis Benjamin Viger, etc., en deux
parties ;" Kinyston, 1844. Also "The Ministerial Crisis : Mr. 1). B. Viger and his Posi-
tion," being a review of the abovenameil uamphlet, by a Reformer of 183(5 (? the Hon. F.
Hincks). Kingston, 1844.

T"'

Responsible Government.

32.>

sacted, the Government measures which were the order of the day
being necessarily postponed. The Assembly adjourned soon atter
noon, and during the rest of the day the resignation, and the pre-
sumed grounds of it, formed the staple of eager discussion through-
out the city. On Tuesday the Governor prepared a counter state-
ment to that of Mr. Lafontaine. As has already been stated, the
two accounts did not materially conflict as to facts, but only as to
the deductions to be derived therefrom. These deductions, however,
struck at the root of the whole question at issue. It was claimed
by the Governor that in Mr. Lafontaine's statement there was a
total omission of the circumstances which he (the Governor) re-
garded as forming the real fjrounds of resignation. He stated
that a demand had been made upon him by the ex-Ministers that
he should agree to make no appointment, or oflfer of appointment,
without previously consulting his Council ; that the lists of candi-
dates should in every instance be submitted to the Council, and that
he (the Governor), in deciding after consultation with them, should
make no appointment prejudicial to their influence; "in other
words," remarked his Excellency, "that the pati'onage of the Crown
should be surrendered to the Council for the purchase of Parlia-
mentary support; for if the demand did not mean that it meant
nothing, as it cannot be imagined that the mere form of taking
advice without regarding it was the process contemplated." He
stated that he had declined to "degrade the character of his
ofllice" by assenting to the demands made upon him. He further
stated that he had objected to the exclusive distribution of pa-
tronage with party views, and maintained the principle that oflice
ought, in every instance, to l)e given to the man best qualiflcd to
render eflicient service to the State ; and where there was no such
preeminence, he asserted his right to exercise his discretion. On
the subject of the Secret Societies Bill, the Governor's explanation
was that he had received si)ecial instructions from Her Majesty to

32G

The Last Forty Years.

■', :S

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reserve every Act of an unusual or extraordinary character. " Un-
doubtedly," continued his Excellency, "the Secret Societies Bill
answers that description, being unexampled in British legislation."
With respect to his having given his consent to its being introduced
into Parliament, he remarked that " permission to introduce a Bill
•cannot be properly assumed as fettering the judgment of the Gov-
ernor with regard to the royal assent, for much may happen during
the passage of the Bill through the Legislature t"" influence his
decision. He then commented upon the opposition to which the
Bill had been subjected, and added, " it was much better that it
(the Bill) should not go into operation until confirmed by Her Ma-
jesty's Government than that it should be discontinued after its
operation had commenced."

From time to time his Excellency sent for, and was closeted
with, various leading members of Parliament, including Messieurs
Daly, Draper, Viger, MacNab and Wakefield. The last-named gen-
tleman had some time before this ceased to be a supporter of the
Lafontaine-Baldwin Government. He had various special purposes
of his own to serve in connection with the colonization scheme
already mentioned, and had been unable to obtain ministerial con-
currence therein. He was moreover specially intimate with Mr.
Daly, whose cause he now espoused against the ex-Ministers. It
was suspected by some shrewd persons that Mr. Wakefield, as
soon as he found that he could not win over the Ministry to his
views, had begun to intrigue with Mr. Daly against the other mem-
bers of the Government. He at all events was one of his Excel-
lency's most trusted advisers from that time forward. As Canadian
•correspondent of the Colonial Gazette he thenceforth did a good deal
to mislead public opinion in F-igland as to the real grounds of con-
flict between Sir Charles Metcalfe and his Ministers.*

• See especially hl8 letter dated 11th December, 1843, republished at Kingston in pam-
phlet form.

Responsible Guvernment.

327

On Wednesday, the 29th, Mr. Baldwin explained to the Assembly
the grounds upon which he and his eight colleagues had resigned
•office. After reading the resolution.s of the Srd of September, 1841,
whereby the principles of Responsible Government had in their ful-
lest sense been conceded, he declared that he and his colleagues had
taken office under those principles, and that when they found that
the illustrious person at the head of the Government entertained
views widely different from theirs on this subject, their duty bound
them to take the course they had adopted. " Had those differences
been merely theoretical," said Mr. Baldwin, "the Ministers would have
been sorry to interrupt the harmony existing. But when they found
that those differences existed with respect to appointments to office :
when they found the Head of the Government making appointments
without their advice (not that they pretend for a moment to say
that he has not the right of doing this) — when they found also that
proposals for appointments were made without their knowledge :
when these took place, the difference of opinion ceased to be merely
theoretical." But this, he added, was not all. It was ascertained
that a Bill of a most important nature was not to receive the royal
assent in this country, notwithstanding its having been introduced
under the sanction of the Head of the Government. Some significa-
tion of the intention to withhold the royal assent to this Bill should,
in his (Mr. Baldwin's) opinion, have been made to the Ministers
on its passage, in order that the public might have been made
acquainted with i,t. As it was, the Ministers were open to the impu-
tation of having advised the Head of the Government in favour of a
measure to which he could not consent ; or else of having introduced
it, knowing that it would be sent home to lie on the dusty shelves of
the Colonial Office, where so many of their measures were already
deposited. Had they remained in office they would have been
responsible for acts which they had not advised. They had received
a frank avowal from his Excellency that since his arrival in the

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country, and assumption of the Government, he had discovered an
antagonism in their principles, and a difference in their viewsk,
although this communication had only lately been made known to
them. Cordiality should exist between the Governor and his
Council, and he (Mr. Baldwin) for one would never serve under any
man who, after a lapse of months, told him there was an antago-
nism in their opinions. They (the Ministry) had conceded to his
Excellency in its fullest extent the right of making appointments,
but they claimed the right of advising the acts of the Governor.
They claimed a right not to be left to know from third parties of
decisions come to by the Head of the Government, which they should
have known from the very first. An offer had been made of the
chair in the Legislative Council, and this they were only aware of
from the person to whom the offer was made, or from persons in the
streets. Was that what the Assembly understood by Responsible
Government, or whot was expected from the responsible advisers of
the Crown ? Their interview with the Head of the Government
had led to no hopes of a different course of conduct, but on the
contrary had led to an assurance of a want of cordiality and assist-
ance. Could the Ministers be expected to hold office under such
terms — terms so pregnant with mischief to the Province, and so
contrary to the avowed wishes of the country and its representa-
tives in the House ?

Mr. Baldwin was here interrupted by Mr. D. B. Viger, who in-
quired whether he (Mr. Baldwin) had the sanction of the Head of the
Government to make these explanations. Mr. Baldwin replied that
he had received permission to produce any facts necessary for the
justification of himself and his colleagues. Had this been refused,
the Ministers must have come down and claimed the support of the
House in their justification. These explanations were necessary to
obtain from the House its verdict, as to whether by their course of
proceeding they had guarded the intei'ests of the country or not.

^%'

Responsible Government.

32£^

Rumours had spread abroad as to this difference of opinion, by which
it appeared either that the Governor acted under coercion, or else
that he acted without their advice. Mr. Baldwin repeated his
asseveration that had the difference been merely theoretical, the
Ministers might have acceded, but that when they found a want of
cordiality and confidence existing since the first moment of his
Excellency's assumption of the Government, although only an-
nounced to them a few days since, they were bound as men of honour
to resign, and were ready to be judged by the House and by the
people. Such were the grounds for their resignation, and it was for
the House to say whether they had done right or wrong in doing so.

Mr. Daly, who undertook to present the Governor's view of the
matter to the Assembly, read Mi\ Lafontaine's letter to the Governor,
dated the 27th instant, and also his Excellency's reply of the 28th,
His argument was a mere repetition of the points urged by the
Governor, who, he alleged, had acted upon his own views with
respect to Responsible Government, and would continue so to do.
Mr. Daly concluded by a strong protest from his Excellency against
the explanation of the late Ministry. That explanation, he alleged,
was calculated to mislead the House as to the true causes of differ-
ence. After an inefiective attempt at further explanation on the
part of Mr. Hincks, who was interrupted by various members
on the grounds that the subject was not debatable, Sir Allan Mac-
Nab moved for an humble address to his Excellency for copies of
all correspondence between the Head of the Government and the
late Executive Council on the subject of the late resignations.
The order of the day was then proceeded with, and the debate on
the subject of the resignation was for the time at an end in the
Assembly.

The explanation in the Legislative Council was made on Thurs-
day, the 30th, by Mr. Sullivan, who delivered a long and powerful
speech on the great question in dispute. This remarkable speech
22

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contains an exhaustive and admirable presentation of the argument
from the ex-Ministers' point of view, and the most salient passages
of it may be read with profit by anyone who wishes to understand
the precise nature of the issue. He began by remarking that the
course pursued in the Assembly had removed many of the diffi-
culties that might have lain in his way, while showing the
impossibility of himself and his colleagues remaining in office
after understanding his Excellency's views. With respect to the
degree of their responsibility to the country, he, Mr. Sullivan,
had formerly stood on the floor of that House to defend every
act of the G'^vernment, and in the other House his colleagues
had been in the same position. They had been held accountable
for every act of the Government, and often blamed, unjustly
blamed, even by those on their own side, without having it in their
power to excuse themselves; and it was not only by the two
Houses of Parliament that they had thus been held accountable, but
by every man in the country, no matter what his political sect.
They had been held accountable for every official appointment,
and for every act relative to local affairs. It had not been in their
power consistently to reject that position. On it they had taken
office. They had admitted it when they had met his Excellency for
the first time, and when they had met Parliament ; they had been
allowed to pledge themselves to sustain that position, and not one
voice or one word had been raised against it either in public or in
private. And this had led to results highly disagreeable to the
Ministers. Every act of theirs that was good, every act that was
patriotic, was ascribed to the kind and beneficent individual who
represented the Sovereign, but the blame of anything that gave
offence, or that was unjust, was put upon them, and having assumed
that position they were bound to stand or fall by it. If honourable
gentlemen believed that it was for any slight difference in political
opinion, or from any private or interested motives, that they would

Responsihle Government.

331

have risked their present position, little was understood of their
heavy responsibility. It was unparliamentary to speak of the
Head of the Government, but he, the Speaker, could have wished to
see before him, on the floor, those who, by their secret advice, had
brought about the existing state of things. By that secret Admin-
istx'ation a system of irresponsible Government had been begun.
The first step was already made, and he feared, from such a state of
political tranquillity as was never before known in Canada, a state so
contented as to cause no wish for a change, that new system would
cause a retrogade movement, ending in a contest between the peo-
ple and the Representative of the Crown. God forbid that such a
contest should ever arise ; and he declared that whether he was a
member of the Government or in Opposition he would be the very
last to shake the loyalty even of the greatest waverer, by any act of
his. The differences between the Governor-General and his Execu-
tive Council had first grown out of appointments to office without
their advice, and without their knowledge, until at last it had gone
.so far that the first intimation they got of those numerous appoint-
ments was when it was told to them in the streets. He was not
going to reveal Government secrets, but affairs had been so carried
on until, on a late occasion, the honourable Speaker of that House
had declared that he would not sit in the chair any longer, and in a
few days after informed them that atter repeated solicitations
his Excellency had refused to accept his resignation. Was it n-t
natural to think that, in that case, his Excellency would say, " Mr.
Sullivan, you have a seat in the Legislative Council, and therefore
ought to be acquainted with the feelings of that body. As one of
my advisers, can you tell me if it is the wish of the Legislative
Council that I should refuse to accept the resignation of your
Speaker?" But no! After the honourable Speaker had insulted
that House by telling them that he would consider it an indignity
to sit there any longer, his Excellency had continued him in that

W iiil

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332

The Last Forty Years.

•situation without taking the advice of his Council. He (Mr. Sulli-
van), on a still later occasion, had been thanked by an honourable
member of that House for having recommended him to fill the chair.
In reply, he had expressed his regret to him that he had not ac-
cepted the proffered honour, for in reality he would have been
happy to see that honourable gentleman as Speaker, but in spite of
that he did not feel the less that his Excellency had humiliated his
Council by not asking if they wished that appointment to be made.
He would ask honourable gentlemen to suppose, with him, that at
a period when he stood on the floor of that House in defence of a
principle by which he had determined to stand or fall, some person
who vigorously opposed that principle was appointed to an exalted
office, would it not be a clear demonstration to the country that he
(Mr. Sullivan) did not possess the confidence of his Excellency ; in
fact that his opponent was rewarded for his opposition ? Such,
nevertheless, was the case. He had heard in the streets that a
gentleman* who had distinguished himself by his opposition to the
Government had been sent for to take the situation of Speaker, but
the gentleman having embarked for Toronto, the appointment had
not taken place. If it had, the Council would have resigned then, in-
stead of awaiting further insult. The same system had been carried
on from day to day, until at last they had received a direct note in-
forming them of some appointments, trifling in their nature, but in
direct opposition to their views. Did they seize their advantage
then, to embarrass his Excellency by tendering their resignation ?
No ! and he had no doubt that if it were put to the votes of the
House they would have been censured for not doing their duty by
resigning. The ap[)ointments certainly were trifling, but he could
not tell honourable gentlemen how humiliating it was for them to
be taken by the hand, by persons of whom they knew nothing, or
to receive half a dozen letters by post from persons whose very

♦ The Hon. Levius Peterf Sherwood. Ante, p. 318.

Responsible Oovernment

333

names were unknown to them, thanking them for appointment to
office. He could not tell, he could not give an idea to honourable
gentlemen of their humiliation, when they saw in an opposition
print that such an one was appointed to an office, but that the ap-
pointee did not mean to thank a reb(!l Executive for his appoint-
ment, but a higher and a better power ! It was in consequence of the
abovementioned note that the Executive had had a long discussion
with his Excellency on Saturday, the 25th instant, when the ques-
tion of appointments was put into every possible shape, at the same
time to meet his views and to gain the degree of consideration for
themselves which they felt to be their due. So long did they per-
sist that at last they felt — and he was not sure that another person
did not participate in the feeling — that any further efforts would
only make it appear that they were holding on to office cringingly.
At that discussion, as well as at the short one on the previous day,
they had in vain endeavoured to impress on the mind of his Excel-
lency that it was not their wish to direct or control his measures,
but merely that he should say : " Gentlemen, you are my advisers,
and I will not make any appointments without consulting yo\i
beforehand," — so as to give them an opportunity to express their
opinions upon those measures for v.'^hich they were held accountable.
The result of the discussion with his Excellency having made it
necessary for them to resign, they had done so by letter, which
together with his Excellency's answer, he would read to the House,
and would afterwards comment on them both. In doing so he
remarked that they followed the course usually pursued in Eng-
land, where, when a Ministry resigns, they ask leave to explain
on what grounds that resignation is made. The liberty, he added,
was seldom or never refused, because it would place the ex-
Ministry in a very ad\'antageous position, as they could immedi-
ately turn round and say, " Leave is denied us to lay before you
our reasons for resignation. You may form your own opinions

lif '

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III }!r '

334

T/<e Lant Forty Years.

on such conduct, and we claim from you the same confidence as we
enjoyed on first taking office." (Here the honourable gentleman
read Mr. Lai'ontaine's note, and the reply of his Excellency.) With
respect to what his Excellency stated, as to an attempt made by the
ex-Ministers to show that the dirterence rested on the theory of
Responsible Government, he (Mr. Sullivan) distinctly stated that
that formed the ground of difference and no other. His Excellency
might be quite right in asserting that he would exercise his own
discretion in the Executive Government of the country, but he
(Mr. Sullivan) would merely say that as the Council had gone
before the last Governor-General with a distinct assertion of the
footing on which they would act, they could not recede from that
position unless with disgrace ; and that not being to their mind,
they withdrew from the Government in time to save their honour.
If his Excellency chose to make use of his own discretion alone,
then the Executive Council was a useless body. The resolutions
embodying the principles of their Government were introduced
by a gentleman who, at the period of their introduction, was him-
self in opposition, perfectly understanding the delicacy of the
Home Government in admitting that there was a colonial Cabinet ;
and what was still more, knowing that it would be as wise to
think of the Executive Council of Canada carrying on the Gov-
ernment of the British Empire, as to think of supporting any ad-
ministration in opposition to the views of the Assembly. The first
principle established by the resolutions was that the Governor-
General is not accountable to the people of Canada, and can not
be called to account for any act of his. One part of the resolution
named those who were to be held responsible — " subordinate officers
by whose counsel and advice the Governor conferred appointments."
He, Mr. Sullivan, would ask if there was any one point on which there
was aroused a greater degree of wrath, which caused more vitupera-
tion or more envy, than the conferring of appointments. On that

kv'M

Responsible Government.

335

point every one's local feelings were excited, and if hi.-: Excellency
took that which most indisputably was the duty of the Council into
his own hands, who was responsible ? Did the Councillors part
from his Excellency on slight considerations, or did any man imagine
that they threw themselves out of office on account of a few paltry
appointments i No ! they withdrew from the Government, because
they found their political existence was endangered, and because
they could not sit any longer as members of a government whose
principles were destructive of their very constitution. Another reso-
lution laid down that the responsible officers should be persor^s en-
joying the confidence of the people ; and it was in that view
that they informed ^ ''^ Excellency, when about to take a step
offensive to them, that it he appointed those persons to office who
were opposed to them in politics, a door would be opened to the
people to charge them with a treachery and backsliding from their
avowed creed ; and if the right of advising him were taken away,
and they staid in office, they would be justly charged with under-
mining the constitution under which they had consented to act ; and
perhaps, after months of crimination, would go back to the people
without the confidence or the sympath;- of any. Among other charges
in his Excellency's letter, it was iaiputed to the late Executive
Council that they wanted to purchase Parliamentary support by the
conferring of offices. That he, Mr. Sullivan, denied. Was there a
single case in which Parliamentary support was made a condition on
taking office ? Beyond doubt it was true that Lord John Russell's-
despatch stated ihat no officer under Responsible Government
.should oppose the measures of that Government ; that was a funda-
mental principle of the constitution; but it was notorious, at five-
sixths of the whole officials of the country were appointed by foiiner
Governors, and yet they were not interfered with by the Govern-
ment for the sake of Parliamentary support. As to that part of
his Excellency's letter which mentioned the injustice of giving

III

336

The Last Forty Years.

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office only to persons of the same political opinions with the exist-
ing Government, he said he had watched the course of difiereiit
administrations in Canada for the last twenty j'ears He had been
a member of administration for eight years, and yet during the
whole length of that time, he did not remember ever to have seen
any of the many different parties in power patronizing their
enemies. In fact, if the proposition ^ 1 been made he had no
doubt it would have been laughed at a.^ a piece of childish folly.
There was another part of the letter from his Excellency to
which he wished to draw the attention of honourable gentlemen.
It was the reference to the Secret Societies Bill.* His Excel-
lency remarked that the Bill was pressed on him with groat perti-
nacity. He (Mr. Sullivan) admitted it, and couUl have wished that,
at tiiat time, the Ministers had been informed that as an extra-
ordinary measure it would be reserved for the royal assent. If
that course had been pursued not one voice would have been raisetl
against it. But permission was given to introduce the Bill ; it was
passed by a large majority in the Lower House ; by acclamation, he
might say, in the Legislative Council ; and not having the slightest
knowledge of his Excellency's intention regarding it, honourable
gentlemen might judge of his utter astonishment when he was told
out of doors that his Excellency had reserved the Secret Societies
Bill for the approval of Her Majesty. Some time afterwards an
official notification was received, letting them know that what was
already common rumour was in reality to be the case. Could any
thing more humiliating be conceived than that the}'. Her Majesty's
advisers, did not receive any information from his Excellency that
he intended to do so and so, until after it was publicly spoken
of in the streets ? Mr. Sullivan concludetl by expressing the
utmost admiration of the Governor-General's character, but stated
that his ideas of governing were brought from other countries,

* See the ancepefiultiinate paragrapK of Ium Kxcelloncy'H Btateiiient.

\ ^

lie ft pons I hie Government.

.S37

and that if the experiment were made in Canada of carrying on a
Government without paying respect to the difierent parties, it would
be unsuccessful ; and although so much could not be gathered from
his Excellency's letter, he (Mx'. Sullivan) hoped that a coalition could
be formed having the entire contiilence of the people, and standing
before the Assembly as responsible for their acts.

This speech, wliich, like other injportant Parliamentary speeches,
was reported in the newspapers of tlie time, produced a marked
effect upon the country, and tended to increase the very high repu-
tation which Mr. Sullivan already enjoyed. Meanwhile his Excel-
lency continued to send for and confer with leading members of
Parliament with a view to the formation of a new Ministry. Such
assistance as the chiefs of the Opposition, ajssisted by Messieurs
Draper, Wakotield and D. B. Viger coidd give him, was entirely at
his disposal, but the state of public feeling was such that the pros-
pect of fornn"ng an Administration which would connnand Parlia-
mentary support was not hopeful.

On the 1st of December the Governor, in reply to an address of
the Assembly adopted on the previous day, transmitted to that
House, through the medium of Mr. Daly, in his otlicial capacity,
a message, accompatued by a copy of the note of Mr. Lafontaine,
and also of his own reply. Upon motion of Sir Allan MacNab
two thousand copies of the message, as well as of the acci)mpanying
documents, were ordered to be printed in English, and as many in
French, for the use of members. The documents then for the first
time became public property. After the transaction of some formal
business, Mr. James Hervey Price, member for the First Riding
of York, rose and stated that he had a paramoiint duty to per-
form, from which he trusted he should not flinch, notwithstanding
the embarrassing situation in which he was placed. He remarked
tliat it was unpreceilented for a Minister of the Ci-own to eomo
down, as the Provincial Secretary for Canada East had done, with a

338

The Last Forty Years.

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message in reply to explanations iroiu. Ministers who had resigned.
He, Mr. Price, did not know how to treat this message. He trusted
he would treat it with all the respect due to the high character of
the person from whom it emanated. If Responsible Government
had not been conceded to them, he, Mr. Price, did not know what
COP cession was. He had supposed the colony to be under the gov-
ernment of a head, advised in all its acts by a Council responsible
to, and holding the confidence of the people through their represen-
tatives. He, the speaker, had always pursued one undeviating
course in politics since his first arrival in the colony. He asked no
favour from any Government ; and they had nothing in theii gift
which they could bestow on him. But he wished to see the
Government so conducted in this country that when a separation
took place between parent and child (an event which he trusted
would not occur in his lifetime) that separation should be made a
mutual and friendly one between the two countries. He had always
supported those Governors who had governed constitutionally and
for the good of the country. He hoped that the present discussion
they were about entering into would settle the question of Respon-
sible Government at once and definitely — a question of such vast
and vital importance to the Province. No man was more popular,
or enjoyed more the confidence of the people of Upper Canada, than
the late Attorney-General West — a popularity which he owed to the
uniform consistency of his political life, and the honesty and integ-
rity of his principles. He was afraid, at the opening of this session,
when he saw appointments to office of persons politically opposed to
the late Ministry, chat there was an underhand back-stairs influence
at work which was going to injure them in the opinions of their
supporters. He had written to the late Attorney-General West, a.s
far back as February, 1843, on the subject of these appointments,
pointing out to him that if such a course was pursued in the
exercise of the prerogative of the Crown (a right which he did not.

\ ■''

Responsible Government.

53t>

pretend to deny), it would be his (the Attorney- General's) duty to
resign. He (Mr. Price) admitted, to its fullest extent, the right of
appointments resting with the Governor-General, but he would
maintain that these ought to take place only by and with the advice
of his Council, who were responsible to the country, and best quali-
fied to judge of the merits of the candidates for office. If this was
not to be the case : if the Governor was to appoint to offices of
importance in the Province without the advice of his sworn Council :
then they were under a despotism, and not under a Responsible
Government. There was a power behind the Throne which directed
the Government of the country, and until that power was got rid of
he would rather see the House of Representatives swept away, and
the Province ruled by a Governor and Council, from whose
decisions they could appeal to their Sovereign. He (Mr. Price)
approached the subject of the message with much embarrassment,
and would only touch upon two passages in that document. With
respect to the passage referring to the patronage of the Crown
being bestowed only for political purposes, he would refer to Sir
Robert Peel, who was no mean authority, and who had refused to
take office while the ear of the Crown was in possession of the ladies
of the bedchamber, and of wives and relations of the Ministry he
had supplanted, and who might exercise an influence hostile to his
policy and Government. He highly approved of the conduct of the
late Provincial Administration in a somewhat similar line of conduct,
when they were permitted no voice in the appointments to office of
persons who weakened their Government and political intiue/.f^e.
He felt confident that if a dissolution took place the people of Upper
Canada would mark their approval of the conduct of the late
Ministry by returning them almost unanimously to their seats in
the House. He trusted the Assembly would never again be placed
under the yoke of that oligarchy under which Upper Canada had so
long groaned, and to which she had been indebted for so many of

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The Last Forty Years.

u- <l

her miseries. With respect to the Secret Societies Bill, he, Mr.
Pric3, felt certain that had not the late Ministry resigned on being
informed that the royal assent would not be given to it, they would
have been scouted by all their honest supporters. His honourable
friend, the Attorney-General West, had retired three times from office,
rather than sacrifice his principles. In bestowing the patronage of
the Crown on their supporters the late Ministry had only followed
the course invariably pursued by their predecessors, who had at least
monopolised nine-tenths of it. He thought the docximents trans-
mitted to the House were of a most extraordinary nature, in which
the theory of Responsible Government was acknowledged, while its
practical working was denied. He was certain that no Ministry
could thereafter hold office in this Province for four and twenty
hours who did not accept office under the principles of Respon-
sible Government. He concluded by moving "That an humble
address be presented to his Excellency, humbly representing to his
Excellency the deep regret felt by this House at the retirement of
certain members of the Provincial Administration on the question
of their right to be consulted on what this House unhesitatingly
avow to be the prerogative of the Crown — appointments to office; and
further to assure his Excellency that the advocacy of this principle
entitles them to the confidence of this House, being in strict accord-
ance with the principles embraced in the resolutions adopted by the
House on the 3rd of September, 1841."

The motion was seconded by Mr. Benjamin Holmes, member for
Montreal, who declared that while he acknowledged in its fullest
extent the prerogative of the Crown, he felt assured that the repre-
sentative of the Crown in this country was not only bound to con-
sult with his sworn advisers, but also to take their advice. Had the
late Ministry retained office after being told that their advice would
not be taken — that they had not the confidence of the Go/ernor-
General — they. would have been looke<l upon by the whole country

4.-

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Responsible Government.

34 r

as degraded.

Mr, Holmes spoke highly of his Excellency, but
said he was certain that he was acting under some underhand
influence which he trusted the country would be able to arrive at.
He (Mr. Holmes) was confident that his Excellency could not rally
round him a sufficient number of persons to carry on the Govern-
ment of the country on adverse principles to those of the late
Administration ; and this the country would show if a general
election should ensue from the resignation of the late Ministry, by
returning them triumphantly to their scats in the House.

Mr. D. B. Viger trusted that this question would be settled with-
out an appeal to the people. For the vote he would give on the
present occasion he might be traduced as a traitor to his country.
Let it be so. He had been accustomed all his life to the injustice of
man. He was favourable to Responsible Government on constitu-
tional principles. He condemned the documents which had been
submitted to the House, and the course which had been pursued
with respect to them he pronounced to be without precedent. His
Excellency should never have been brought into personal collision
with the House. It was as if they were now putting his Excellency
on his trial.

Mr. Baldwin thought his honourable friend from Richelieu was
laliouring under a delusion. He repudiated the idea of their trying
the Governor-General — that was out of the question. But the late
Ministry were now on their trial, and the verdict of the House
would decide whether they had acted up to the principles under
which they had taken office, and he had no fears for the result. He
concurred with the member for Richelieu as to the unparliamen-
tary nature of the documents before the House. It was not until
within an hour of the meeting of the House on Wednesday that
they hi 'I been placed in the hands of himself and his colleagues. He
though^ e'ae prerogative of the Crown had been more endangered
by the production of those papers than by the concessions which

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The Last Forty Years.

R-6

If'

thft ex-Mi nistiy had demanded. The Governor's reasons were not
necessary. His simple announcement of the fact would have l>epn
quite sufficient. It was difficult and most embarrassing to know
how to treat that anomalous document which had been laid before
the House. It was neither a message nor a correspondence, yet
it contained, written in indelible characters, facts which after
they (the late Ministr}') had ascertained, they could no longer
retain office. Had they not resigned immediately on beccning
acquainted with these facts they would have been looked upon as
traitors to their country, and scouted by every honest man. There
was but one unanimous opinion from one end of the country to the
other as to the principles under which the Government had been
lately conducted. The principle of Responsible Government had
been fully conceded to the people of the Province, and formed part
of the constitutior , He firmly believed they would still continue
to enjoy this blessing in defiance of all opposition. What had the
late Ministry claimed but the right of advice on the subject of
appointments to office ? This had been denied them because they
might advise appointments which would increase their political
influence. Even so, could any Government be carried on which did
not support its own party ? Let those who thought otherwise go
and fill the empty Treasury Benches, and see how long they would
occupy them if they did not support their own party. He \vished
to know if a Governor, a stranger in a country, was qualified to
judge of the respective qualifications of the various candidates for
office. Were they, the s\vorn advisers of the Crown, to be mere
puppets, subject to the back-stairs influence \vhich lavished the
patronage of the Crown on their political opponents and enemies,
and they to be the last persons to hear of . ointments made with-
out their advice and knowledge. He alluded to Sir Francis Head,
who dealt very largely in general declarations. Sir Francis had had
ihe good of the country so much at heart that he would allow no

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Responsible Government.

343

one to be responsible to it but himself; and yet lie had brought that
country to the brink of revolution, and had entailed on it much
misery and bloodshed". Neither he (Mr. Baldwin) nor his colleagues
had ever thought of the Council being supreme, and the Governor a
mere nullity; nor had they any intention of interfering with the inde-
pendence of his Excellency's judgment. All they had claimed was
the rio-ht of tendering their advice to the Governor, and resiffninor
when that advice was not attended to. With respect to the Secret
Societies Bill, they had not been anxious to legislate on the subject.
They had not thought that that was the proper way of dealing with
the evil. They had thought that executive measures, such as had
been used in Ireland, would have met the case much better. But
after legislation had been forced upon them they had been informed
that the royal assent would not be given to the Bill in this country.
Would not the upper section of the Province brand them with the
imputation of not having been in earnest in its introduction ? He
thought the Province was now placed in nearly a similar situation
to what it had been in under Sir Francis Head. He concluded by
trusting that the late Ministry would receive the favourable verdict
of the House for the course which they had felt it their duty to
pursue.

Mr. Christie, of Gaspe, said that a very serious charge was con-
tained in the documents before the House, amounting to impeach-
ment against the late Ministry. By it they were accused of wishing
to bestow the patronage of the Crown for the increase of their politi-
•cal influence, and thus of corrupting the House of Assembly. They
were also accused by it of attempting to degrade the character of
the Governor, by imposing conditions on him derogatory to his high
station. He never for a moment could have imagined that they had
attempted such a thing. He therefore could never believe that the
•document now before the House had emanated from his Excellency.
Had not this document been produced a reconciliation might have

344

The Last Forty Years,

taken place. This he regretted the more, as he felt confident that
no Ministry could now be formed which would obtain the confidence
of the House or the country. He felt confident that the stand taken
by the late Ministry would be approved of from one end of the
Province to the other.

Mr. Boulton (Niagara) did not see why the principles of Respon-
sible Government could not b applied to them as well as to the
parent State. He would support the late Ministry in the stand they
had taken.

Mr. Cartwricjht could not understand now the member for Nias^ara
could support the late Ministry after what had fallen from the mem-
ber for the First Riding of York with respect to the oligarchy which
had ruled Upper Canada to its destruction, when he (Mr. Boulton)
had formed part of that oligarchy for sixteen years — that oligarchy
among whom existed more truth, honour, loyalty, and attachment
to the parent State than had ever existed under the humbug of
Responsible Government. He thought the late Ministry might
have chosen some more fit time for upsetting the State coach, and
stopping so many measures in transitu, after a session of two
months, and after an expense of thousands of pounds had been
incurred. Their resignation was mere clap-trap, and resulted from
their having discovered that they could not succeed in carrying
through some of their obnoxious measures. By the motion now
before the Chair they were actually impeaching and trying the
Governor-General. Supposing the Governor to be supported by the
Imperial authority, were they prepared to carry out the member
for Rimouski's threat, to have Responsible Government in defiance
of all opposition here or elsewhere ? Were they prepared to resort
to physical force to obtain this ? He, Mr. Cartwright, thought that
as candidates for office the natives of this Province had a. prior
claim. But he did not think they had much right to complain if
some of their fellow-subjects from the parent State were sometimes.

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THE HON. JOHN YOUNG.

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WILLIAM LYON MACKENZIE.

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Responsible Government.

345

appointed to office in the colony, when they reflected on the great
expense the mother country was put to in affording them her pro-
tection. Could they expect that any independent man would ever
become their Governor to be a mere puppet in the hands of an
Executive Council — to move as they pulled the strings ?

Sir Allan MacNab stated that the reasons why the late Ministry
had objected to the appointment of the present Speaker of the
Legislative Council (Mr. Caron) was because they had wished to
have their late colleague, the Honourable Mr. Sullivan, appointed
to that high station — he who had been confidential adviser to so
many different Governors, and held office under so many different
principles. He dared them (the late Ministry) to deny this state-
ment, and asked them at the same time if his Excellency had not
exercised a sounder judgment than they would have done. Had
they not also made Legislative Councillors whom they had ascer-
tained beforehand would support them in their votes on the Seat of
Government question ? He regretted that Responsible Government
had ever been conceded to them, as he was certain it would hasten
the moment of separation from the mother country, which he
dreaded would occur in a very few years. He had heard a great
deal about the advantages they had derived from Responsible Gov-
ernment. If those advantages consisted in depriving old and
faithful servants of the Crown of their situations, and replacing
them by political partisans at larger salaries, then they had certainly
enjoyed the bles;3ings of Responsible Government. He perfectly
agreed with his Excellency in his views with respect to the Secret
Societies Bill, and those who had introduced that measure would
find out the error they had committed in introducing it when they
next appeared at the husting.s in Upper Canada.

Colonel Prince, whose Liberal fit was, for the nonce, upon him,
remarked that he could not see how the Ministry could have acted
otherwise than as they had, holding office as they did under Respon-

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346

The Last Forty Years,

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II !.i

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sible Government, which had been conceded to them, and acknow-
ledged by the authority of the Governor-General himself. He was
happy that the question was debated without any influence being
exercised on them by an Executive Council, as the popularity of the
late Ministry would be more plainly evinced by the large majority
which would be afforded them on the present motion by the inde-
pendent members of the House. However unfortunate the time
might be when the late M ' -^v had resigned, they had no option as
men of honour on the Go\ 's opinion being intimated to them.

He thought the country was highly indebted to the late Cabinet for
their patriotism and integrity, and for the liberal measures which
they had introduced to the House, and which he trusted would be
passed ere that House dissolved. Responsible Government having
been conceded, it now formed part and parcel of the constitution.
He (Colonel Prince) did not wish to hold out any threats, but being
a stiff old Englishman, he, for one, like the Barons at Runnymede,
was prepared to maintain his rights at all risks. He had supported
Lord Sydenham's Government, and felt proud that he had done so.
The motion now before the Chair was not condemnatory of the
Governor-General. He was certain that the late Ministry would be
supported by the whole country in the stand they had taken, and
this would be shown at the general elections which would ensue
from the dissolution of the present House of Assembly ; an event
which he regarded as inevitable.

The debate was kept up with undiminished vigour until two hours
past midnight,* when, on motion of Mr. Sherwood, it was adjourned
to ten o'clock in the morning. The House promptly reassembled
at the hour appointed, when Mr. Wakefield moved the following
amendment to Mr. Price's motion : " That according to the principles
of the British constitution as declared to exist in this Province by
the resolutions of the House of Assembly of the 3rd of September,

* The number of apeakera was forty-three.

Responsible Oovernment

347

1841, the members of the Executive Council are responsible to the
people, and to this House as the representatives of the people, for
the exercise of every royal prerogative within this Province ; and
that consequently, inasmuch as it would be most unjust to subject
any man to responsibility for acts in which he had not participated,
it is indispensable that the royal prerogative be exercised by his
Excellency the Governor-General with the advice of the members
of his Executive Council. That according to the aforesaid princi-
ples of the British constitution, the Provincial representative of the
Sovereign cannot be responsible or in any way accountable for the
exercise of any branch of the royal prerogative to any Provincial
authority whatever ; and therefore that he cannot constitutionally
enter into any pledge, engagement or assurance with the members
of the Executive Council, or with any other person or persons in the
Province, respecting the future exercise of the prerogative. That
the well-known practice of the British constitution recognizes one
effectual means, and no other, of securing the observance of the
aforesaid principles ; namely, the resignation of the members of the
Executive Council, whenever, on an occasion of sufficient importance
to wai-rant the application of that legitimate check upon the exer-
cise of the prerogative, the Governor-General shall have failed to
ask or refused to follow tiieir advice in some particular case or cases ;
but that if the Head of the Government were to enter into any
general engagement with the members of his Executive Council, or
even with this House, binding himself in any wise, whether directly
or by hiiplication, as to the future exercise of any of his functions
as the representative of the Sovereign, he would openly divest the
Crown of its acknowledged prerogative, degrade the royal office into
obvious and proclaimed subordination to the Executive Council, and
most seriously impair the constitution which it is the glory of this
Province to possess."

In support of this amendment Mr. Wakefield delivered an argu-

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The Last Forty Years.

mentative and able speech. He said that unless the principles of
Responsible Government, as laid down in the resolutions of Septem-
ber, 1841, were carried out, no good government could exist in any
colony. Those resolutions scarcely laid down anything more than
that the responsible advisers of the Crown should resign when they
could no longer command a majority in the House. The obvious
question whicli had now been raised between the representative of
the Crown in this colony and his advisers was whether the former
would not pledge himself to give up to them the royal prerogative.
Had the Governor submitted to this he would have been recalled, as
having endangered the rights of the Crown. If the Ministers found
it necessary to differ in opinion from his Excellency, they should
have resigned at once, without entering into any specific agreement
with him on the subject. Such he (Mr. Wakefield) was certain would
be the opinion of the people of England. Not that England would
wish to coerce the people of this colony in their opinions, for if they
wished to have, instead of a Governor divested of all royal prero-
gatives, a President with such powers as the late Attorney-General
West would choose to give hi: a, she would say to them, "Take what
you wish, and let us part in peace ; " for England was weary of the
dissensions and civil war which had lately distracted the colony.
But England would never submit to have the representative of the
royal authority divested of all power, and a mere nullity in the
colony. With respect to the time the late Ministry had chosen for
their resignations, it was most inoppoi'tune, for they must have well
known that his Excellency would never surrender what was
demanded of him. This they knew full well, and therefore might
have taken some other time for their demand, and not, by making
it now, have put a stop to the whole business of the country. The
member for Rimouski had acknowledged himself a party man. He
(Mr. Wakefield) agreed with him in this. Mr. Baldwin was a
party man — an ambitious party man — and had taken this step to

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Responsible Government.

349

the prejudice of the Governor, and to increase his own influence in
the Province. With respect to the motion before the Chair, his
Excellency could not reply to it without the implication of pledging
himself as regarded the future patronage of the Crown. If it passed,
it would bring the House into direct collision with the Governor,
and cause a dissolution of Parliament and a general election, which
would throw the whole country into a state of excitement and
ferment, productive of much harn , particularly in Lower Canada.
Sir Charles Bagot had elevated th(! much-abused French Canadians,
and had afforded them a fair share in the general government of the
country'. And this unanimity and peace was now likely to be
endangered, because Her Majesty's late Attorney-General West in
the Province had not succeeded in making his Excellency the
Governor-General agree with him in his theories about Responsible
Government ; there was no other reason on earth. He (the late
Attorney-General West) owed his late position to the French Cana-
dians who had felt themselves bound by political honour to give
him a share in the Administration, in which he only occupied a
second-rate position, for at the time it was formed he could only
command five, or at the most six votes. In Lower Canada, beyond
the great cities little was known about Responsible Government,
but its people had confidence in that Government in which they
saw one of their own people occupying the high station of Her
Majesty's Attorney-General East. Could any one suppose that Sir
Charles Metcalfe's policy differed from the just and humane policy
adopted by Sir Charles Bagot ? The Governor -General would have
deserved impeachment had he surrendered the rights of the Crown
into the hands of his late advisers. Suppose that the Imperial
authority supported him in the stand he had taken in defence of the
royal prerogative, in what situation would they be placed ? W^ere
they (the people of this colony) prepared to appeal to the ultima
ratio'? Let them ponder well on this. Did they imagine for a

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The Last Forty Years.

rei

moment that Sir Charles Metcalfe, who had passed forty years of
political life without blame or reproach, would recede from the posi-
tion he had taken ? Because his Excellency would not subscribe to
the member for Rimouski's theories, they (the Assembly) were likely
not only to be brought into collision with the Governor-General, but
also with the Imperial authorities, and the whole country was likely
to DC convulsed with the turmoils of a general election.

Many able speeches followed, and several other amendments were
moved. Mr. Lafontaine thought it necessary to offer some further
explanations. He had not, he said, been anxious to take office, and
when the appointment he had lately held was offered to him his
opinions with respect to Responsible Government had been well
known. To carry on any Government satisfactorily it was neces-
sary for its Ministers not only to have the confidence of the House,
and through it of the people, but also of the Head of the Govern-
ment. If they were to have Responsible Government, let them have
it ; if not, let it be repealed ; but he, Mr. Lafontaine, would never
allow himself to be placed in a position in which he might be liable
to the accusation of deceiving the House, the country, and his
friends. He looked upon the present state of affairs as resulting
from secret advisers about his Excellency's person.

The debate was prolonged far into the night. One of the most
eloquent speeches of the session was made by the ex-Solicitor-
General East, Mr. Ay 1 win ; but as it did not throw any additional
light upon the constitutional question, its insertion in these pages
is deemed unnecessary. The several amendments having been voted
down, the vote was finally taken on the original motion, which was
carried by forty-six to twenty-three.* Mr. Boulton then moved

• The following is the division list :—

Yeas. — Messrs. Armstrong, Aylwin, Baldwin, Barthe, Berthelot, Boswell, Boulton,
Boutillier, Beaubien, Cameron, Chabot, Child, Christie, Crane, Derbishire, UeWitt,
Dunn, Durand, Gilchrist, Harrison, Hincks, Hopkins, Jobin, Laooste, Lafontaine, Leslie

Responsible Government.

351

that the following additional clause be added to the resolution
adopted :

" That this House, in dutiful submission to their Gracious Sover-
eign, and with the utmost respect for the exalted station and high
character of his Excellency, is most anxious to guard against any
misconstruction which possibly might be placed upon the affirma-
tive declaration of their opinion upon this delicate and most vitally
important constitutional question ; and therefore most humbly beg
leave to disclaim, in a negative form, any desire that the Head of the
Government should be called upon to enter into any stipulation as
to the terms upon which a Provincial Administration may deem it
prudent either to accept of or continue in office: that mutual con-
fidence, which is essential to the well being of any government,
necessarily presumes that they are understood, while a due respect
for the prerogative of the Crown, and a proper constitvitional deli-
cacy towards Her Majesty's Representative, forbid their being
expressed."

The motion was seconded by Mr. Lafontaine, and, after consider-
able discussion, was carried by a vote of sixty to seven. An address
to his Excellency, embodying the resolution and addition, was
agreed to by the House, and ordered to be engrossed. Then, after
one of the most momentous debates known to our Parliamentary
history, the House adjourned.

Donald McDonald, John S. Macdonald, Merritt, Moore, Morin, Morris, Papineau, Parke,
Powell, Price, Prince, Quesnel, Small, Harmanus Smith, Steele, Tachd, Thompson, Thor-
burn, Txircotte, and Louis M. Viger — 46.

Nays. — Messrs. Black, Cartwright, Ohesley, Dunlop, Forbes, Foster, Hale, Hamilton,
Johnston, Sir A. N. MacNab, McLean, Murney, Neilson, Noel, Robliii, Simpson, Henry
Smith, George Sherwood, Stewart, Denis B. Viger, Wakefield, Williams, and Woods — 23.

Fourteen members were absent, namely, Messrs. Cook, Daly, Duggan, Franch^re,
Holmes, Jones, Judah, Killaly (resigned), McCulloch, Ogden, H. Sherwood, Taschere.au,
Turgeon, and Watts. The other member required to make up the full membership of
eighty-four was Mr. Cuvillier, the Speaker.

::i

Chapter XVII.

CHAOS.

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" For nine months Sir C. Metcalfe has kept the chief offices of the Government vacant
— it heing actually more dangerous to fill them with men holding his opinions than to keep
them vacant — and he has substituted his own inefficient, though certainly mild dictator-
ship, for that system of Responsible Government which the people of Canada had
hoped, upon the restoration of a Constitution, to see established among them. He has
engaged the people in a discussion upon the principles of Government, in which the
experience of the neighbouring States (■\iinot be disregarded; he has violated all settled
opinions ; and, perhaps unintentionally, has most seriously checked the improvement of
the Province." — A Brief Statement of the Dispute between Sir C. Metcalfe and the House of
Assembly of the Province of Canada. London, 1844.

HE country was left without a Ministry. Mr. Daly, the
sole remaining ministerial official, was not seen in his
place, ill health being the reason assigned for his ab-
sence.* From day to day, and almost from hour to
hour, the Governor continued his conferences with vari-
ous members of Parliament. The contest was no lonjrer
confined to himself and his Ministers merely, but was between him-
self and the Assembly. The final outcome of such a struggle
could not be doubtful, but meanwhile the business of the country
was impeded. A few days after the vote on Mr. Price's motion,
Mr. D. B. Viger announced to the Assembly that the Gover-
nor had authorized him to say that his Excellency was engaged

* "The honourable member for Megantic has not shown up lately in his place on the
Treasury Benches, having wisely fallen sick to avoid the badgering he would otherwise
have been subject to, as the only representative of the Government in the House of
Assembly." — Montreal Herald's report of the Parliamentary proceedings for Saturday,
December 9th.

Ghaoa.

353

in forming an Administration. In reply to a question put to him
by a member as to when the Governor expected to complete his
undertaking, Mr, Viger replied that the Administration would be
formed " as soon as possible." On the 9th of the month Parliament
was prorogued, no Ministry having then been formed. Dominick
Daly was the Ministry, and the Ministry was Dominick Daly.

This state of things could not last, but the Governor's difficul-
ties were most serious, and the ingenuity of his unofficial advisers
was taxed to the utmost to provide a remedy. Portfolios were
offered right and left, and, in the parlance of that day, office went
a-begging. Aspirants to office were numerous enough, but it would
have been folly to appoint persons who could not command popular
support, and the only persons who could command sucli support
were the ex-Ministers. The latter doubtless expected to be recalled,
as there seemed to be no other means whereby public affairs could
be carried on with due respect to the constitution. But the Gover-
nor was resolutely set against adopting such a course, and declared
that rather than do so he would resign.* Resignation, indeed,
would have been his wisest policy, but there was a via media. He
might have preserved himself from even the appearance of submis-
sion to his ex-Ministers by giving carte blanche, say to Mr. Viger,
who might have approached Mr. Lalbntaine and Mr. Baldwin with
a reasonable certainty of being able to bring about an accommoda-
tion. But the Governor's foible about degrading the prerogative
■stood as an insuperable barrier in the way, and the outlook was far
from hopeful.

On the 12th, three days after the prorogation, Mr. Daly was
reinforced and kept in countenance by the swearing-in of two new
Executive Councillors, in the persons of Mr. Viger and Mr. Draper.f

*See Sir Allan MacNab's address to the Hamilton electors during the campaign of
1844.

t " Mr. Viger representing tlie French party, and both Mr. Daly and Mr. Draper repre-
senting in some degree as to each both the British and moderate Keform parties." — Sir C.

354

The Last Forty Years.

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Those gentlemen did not then accept offices of emolument, but merely
formed a sort of Provisional Government, and it was understood that
the offices would all be filled up without loss of tim" Mr. Viger's
action in coming to the Governor's assistance at this juncture en-
couraged his Excellency in the course he was pursuing. It was hoped
and believed at Alwington House that Mr. Viger would be able to
induce his fellow-countrymen to come round to the Governor's views.
His undertaking such a task was a serious disappointment to a great
majority of his, Mr. Viger's, fellow-countrymen. It was felt that his
acts were inconsistent with his professions, and that he had falsified
the record of a long life ; a life which had in great part been spent
in battling for popular rights. His support of the Governor of
course placed him in antagonism to Mr. Lafontaine, and could not fail
to produce more or less division among the French Canadian popula-
tion, whose influence must thereby be weakened. 7t was said by
many that he had covered himself with ignominy in his old age.
Some of his friends were so indiscreet as to make excuses for him
on the ground of senility, excuses for which there does not seem
to have been any foundation, as his intellect, for all practical
purposes, wati still as vigorous as it had been in the days of the
famous ninety-two resolutions. His motives cannot be pronounced
upon with certainty. It is probable that he thought Mr. Lafontaine's
popularity greater than that gentleman's services to his countrymen
called for, and that a certain amount of mental hostility was, con-
sciously or unconsciously, aroused in him in consequence. Mr.
Lafontaine, when a youth, had been a student in his office. The
student had won a higher place than the principal in popular
regard. Mr. Viger must have felt that his own suflferings in the
national cause had been immeasurably greater than Mr. Lafon-
taine's, and may have considered that those sufferings merited

Metcalfe's despatch of December 26th. How far Mr. Viger represented the French party-
appears from the text.

Chaos.

355

highei- recognition than they had received. This, however, is noth-
ing more than plausible conjecture. What is certain is that Mr.
Viger did not clearly understand all that was implied in the
contest; that he succumbed to the mairnetic influence of Sir
Charles Metcalfe ; that, from whatever cause, he was sincere in
his loyalty to the Governor, and that he did his utmost to win
over French Canadian opinion to his way of thinking. The Gov-
ernor, for some reason or other, was very sanguine as to Mr.
Viger's prospects. That gentleman achieved, however, but a very
slight measure of success. The French Canadian journals were loud
in their condemnation of his conduct, the only exception being a
journal which was largely subject to his own direction. Oi. the other
hand, the Conservative papers in both Provinces lauded him to the
skies. A Montreal paper which, only six years before, when Mr.
Viger was lying in gaol, had objected to his being " fattened for
the gallows," now came forward as his staunchest champion, and
invited its readers of whatever nationality, to rally round him.
Addresses to the Governor-General poured in from all parts of the
Province. The question between the Governor and his late Coun-
cillors came to be regarded (as in fact it was) as a direct issue
between Conservative and Reform principles* Sir Charles Metcalfe,
the man said to be " saturated through and through with Liberal
opinions," was thus made to figure in the o'ole of an obstructionist
and an opponent of the popular will.

The promise' that the ministerial offices would speedily be filled
was not kept, for the all-sufficient reason that persons who might
hope to command Parliamentary support could not be induced to
accept them. Constitutional Government in Canada was practically
suspended. Days, weeks, months rolled by, and the functions of

* "The effect was to direct Parliamentary Government against the Governor personally,
and the British Government of which he was the organ." — See " The Colonial Policy of
Lord John Russell's Administration," by Earl Grey, Vol. I., p. 205.

356

The Last Forty Years.

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nine Executive Councillors continued to be monopolized by the trium-
virate, composed of Messieurs Daly, Viger and Draper. These gentle-
men received much assistance from the Governor's private secretary,
Captain Higginson, who was very improperly permitted to deal with
affairs whicl' ought only to have been deputed to a responsible Min-
ister of the Crown. Mr. Viger found public opinion in his own
section of the Province so strongly against him that he issued a
pamphlet* during the early weeks of the new year, in which the
argument from his point of view was supposed to be set forth, and
in which he reproached the ex-Ministers for having, in the course
of their explanations in and out of Parliament, violated their oaths
of office, by revealing matters which they were bound to keep
secret. The pamphlet afforded irrefragable evidence that the author
did not understand the nature of the dispute. He professed his
devotion to Responsible Government, and the principal charge
brought bv him against the ex-Ministei's was that the latter had
been guilty of breaches of official etiquette. The pamphlet called
forth numerous rejoindei's, and the nipmber for Richelieu cannot
be said to have improved his position among his fellow-country-
men by his effort.

The Governor's real tower of strength was Mr. Draper. That
excellent lawyer's gi'eat tact, his subtlety of intellect, his power of
lucid exposition, and his faculty for administration, were beyond
all price at such a contingency. It was said of him by Sir Charles
Metcalfe himself that his eminent capacity enabled him to take the
place of ha-f a dozen men.f That he made the best of the singularly
irifelicitous position in which the Governor was placed is undoubted ;
though the best was bad enough. The Governor could not have
adopted any more effectual means of alienating the members of the
Reform party from himself than by calling Mr. Draper to his
assistance. Mr. Draper, though he had never been a member of the

* See La Crise Minuterielle, etc., quoted ante, p. 324. f Kaye, Vol. II., p. 378.

V't

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Chaos.

357

Family Compact, was of as ultra-Conservative a cast of mind as it
was possible for a man of his high intelligence to be. Some of the
leading Reformers had in times past been made to feel the weight
of his abilities, and this fact did not tend to make them more
charitable towards his opinions. It has been seen that he yielded
his assent to the principle of Executive responsibility in the
Assembly,* but the concession had been wrung from him, and it
was an open secret that his enthusiasm for Re.sponsible Government
was very moderate. He had been the great obstacle to liberal
measures and smooth government prior to hi j resignation in Sep-
tember, 1842, and it was felt that his return to power at this time
portended no good to liberal principles. There can be no doubt
that the Reform party as a whole were unjust to Mr. Draper.
They did not even give him credit for sincerity or good intentions.
The historian of to-day, no matter what his political opinions may
be, who contemplates Mr. Draper's career as an Executive Coun-
cillor, must doubtless arrive at the conclusion that he was wrong ;
that he was an obstructionist — a drag on the wheel of progress.
But this fact was by no means so easy of recognition in 1844 as
it is in 1881, and there is no good reason for irajugning his
motives, which, so far as can now be ascertained, were honourable
and patriotic. No impartial mind can review the acts and char-
acters of the leading members of the Conservative party of those
times, and come to the conclusion that they were all selfish
and insincere. Nay, it is evident enough that they were at
least as sincere and as zealous for the public good as were their
opponents. They lived in a time of transition, and their minds
had not yet learned to accept new ideas. Their opinions are
now held by no one on this side of the Atlantic, and can only
be found flourishing in out-of-the-way corners of Great Britain
and continental Europe. But in 1844 such opinions were com-

* Ante, p. 126, (t seq.

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The Last Forty Years.

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mon enough in all parts of the civilized woi'ld, except, perhaps,
in the United States. In Canada they were honestly enter-
tained, and, generally speaking, as honestly acted upon. Nor are
those opinions in the least to be wondered at. The persons who
held them had been trained in the school of old-fashioned loyalty.
Less than a decade had elapsed since a large section of their political
antagonists had been in open rebellion. They themselves had
proved their devotion to their principles and their Sovereign by
arraying themselves on the side of authority. Scarcely had law
and order been restored when they found that the " rebels " had won
sympathy, and even respect, by their rebellion. A Eeform Govern-
ment succeeded to power soon afterwards, and it really seemed to
the Conservatives as though the fact of a man's having been guilty
of treason was the highest recommendation to ministerial favour.
Persons who openly boasted of the parts they had played during
the troublous times of 18*37-''38 were appointed to honourable and
lucrative offices, whereas the loyalists who had manned themselves
in defence of the Government of the day were passed by. Was
it any wonder if they smarted under a sense of injustice ? Their
intellectual vision, be it remembered, was limited. They did not
recognize the fact that the rebellion had been the legitimate result
of foul wrong. From their point of view, indeed, rebellion, for
whatever cause, was a thing altogether hateful and foul. During
the latter half of Sir Charles Bagot's term of office some of them
had slightly modified their views on this subject, and two or three
of their prominent members had even indulged in a little wild
talk ; but in the main their opinions were not only unchanged, but
unchangeable. Independently of their political opinions, they were
for the most part honourable but non-progressive men. Responsible
Government seemed to them a delusion and a snare, and a loner
stride in the direction of severance from the mother country. Let
Sir Charles Metcalfe indulge in as much sophistry as he might, they

Chaos.

369

saw clearly enough that the real question at issue between him
and his ex-Councillors was as to Responsible Government, and for
this reason they espoused his side in the quarrel with hearty good-
will.

As for the Governor himself, he, a professed Liberal, found
himself deserted by nine-tenths of the Liberals of the Province,
while the old high Tory party were, to a man, on his side. But
he was thoroughly impracticable. He would not work in full
accord with any party. He professed his firm belief that party
government was the only thing for Canada, and in the next breath
declared his antagonism to party government, and refused to be
bound by the principles applicable to such a system. He never
wearied of repeating that the patronage of the Crown must not be
prostituted to party purposes. Now, whether party government is
or is not a good thing may perhaps be open to question, but it is
certainly anomalous that the necessity for party government should
be conceded, while the details whereby its springs are kept in
motion arc scouted and repudiated.

Sir Charles, then, did not even make the most of his alliance
with the Tories. The months rolled by, and still there was no
Ministry. Meetings were held all over the Province, and the
people were in a fever of antagonism and excitement. The
speakers at the Tory meetings denounced the ex-Ministers. At the
Reform meetings the Governor and his supporters were assailed
with equal or greater opprobrium. A monster Reform Association
was established at Toronto, with branches all over the Province.
From one end of the country to the other nothing was heard but
denunciations of Sir Charles Metcalfe and counter denunciations of
the ex-Ministers. Never had party ferocity reached such a pitch in
Canada. Meetings were broken up by sheer physical force, and ir-.
not a few instances stones and bludgeons were the most effective
arguments employed. The i)olitioal ethics of Gal way seemed to

360

The Last Forty Years.

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Pi'"* if

have been imported into the country. The timid were afraid to
espouse either side of the quarrel, and yet were estopped from
remaining neutral. In public speeches delivered from Tory plat-
forms, Lafontaine, Baldwin, and Hincks were declared to be intrigu-
ing to bring about the annexation of Canada to the United States.
On the other hand, it is impossible to avoid the observation that the
extreme win^ of the Reformers were altogether too rancorous in their
denunciations of the Governor and his allies. Their constitutional
argument was sound enough. It was in the highest degree reprehen-
sible that the ministerial offices should I e left unfilled month after
month. No more positive evidence could have been adduced that
there was no intention to govern the country in accordance with the
principles of Responsible Government.* But the ultra-Reformers, not
satisfied with impeaching the Governor's unconstitutional conduct,
reviled him as a deliberately false-hearted and despotic man who cai-ed
nothing for the rights of others, and who was eager to stamp out the
liberties of the people. Others tried to hold him up to public con-
tempt as an imbecile old dotard who had survived his faculties.
They nicknamed him "Charles the Simple," and "Old Squaretoes,"-f'

•"If there liad merely been a difference of opinion between the Governor and his
Council, and if the principle of Responsible Government was intended to be observed,
another administration would have been immediately formed. He [the Governor] had no
other constitutional course. Any reason which pleased himself, however trifling, such as
that he did not like the cast of an eye of one Councillor, or the colour of the hair of another,
WS18 a sufficient warrant for changing his advisers, but he was bound to replace them
forthwith."— Toronto Globe, March oth, 1844.

■1 This cognomen is said to have been bestowed upon his Excellency by the Hon. Mr.
Daly. Though originally applied in derision, it was taken up by the Governor's friends
and converted into a term of affection ; witness the following lines, being additional
verses to "The Fine Old English Gentleman," as sung at a public dinner in Toronto,
while the contest with Sir Charles Metcalfe was in progress :

One verse the songster has forgot —he has another claim ;
The brave Old Square-toed gentleman, he of the stainless name ;
For Indian laurels grace his brow, Jamaica loves him too.
And Canada will fight for liim 'gainst all the Baldwin crew—
The tine Old Square-toed gentleman, all of the present time.

Chaos.

861

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and thereby degraded themselves much more than the representative
of Sovereignty whom they assailed. That representative was at least
entitled to their outward respect, even if he had been a much worse
man than they pronounced Sir Charles Metcalfe to be. Mr. Draper
and Mr. Viger were of course legitimate objects of attack, but they
were assailed with a malignity which, in the light of the present
day, seems very much like ferocity. The assaults were not con-
fined to speeches at public meetings. Pamphlets innumerable were
put forth on both sides, and in all parts of the Province. As for
the newspapers, they were filled to overflowing with gall and worm-
wood. Charges the most outrageous and unfounded were made, on
the one hand against the Governor and his chief supporters, and on
the other against the ex-Ministers. In many instances it would
seem that there was not the faintest attempt to keep within the
bounds of truth in these criminations. The country had not been
lashed into such a state of fury since the year of the rebellion.

Fortunately, all the contributions to the literature of the struggle
were not of the malignant character above described, Dr. Egerton
Ryerson's well-known pamphlet,* and the equally well-known col-
lection of letters contributed to T/ie Exayniner by Mr. Sullivan
under the nom de plume of " Legion," and subsequently republished
in pamphlet form,-|- were such as might have been expected from the

So let our loyal shouts go forth, let traitors hear and quail.
And Britisli hearts will leap for joy on every hill and vale ;
And though the Baldwin clan may howl, though lo ^,1 th' hytena roar,
We'll rally round Old Squaretoes, and give him one cheer more ;
The fine Old Square-toed gentleman, all of the present time.

The verses are not remarkably brilliant, but are said to have been furnished almost
impromptu ; and in any ease they have an interest for the present generation, as being
the production of a clever young lawyer named John Hawkins Hagartj', known to us in
these later times as Chief .lustice Hagarty.

*" Sir Charles Metcalfe Defended against the Attacks of his late Councillors." Toronto,
1844. The contents of this pamphlet were originally published iu The British Colonist
newspaper, in Toronto.

\ Legion's " Letters on Responsible Government." Toronto, 1844.

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The Last Forty Years.

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character and abilities o£ their respective authors. The writers were
wide as the poles asunder in the conclusions at which they arrived
from the same set of facts, but they both went over the ground very
fully from their opposite points of view, and these two pamphlets
form valuable adjuncts to a proper understanding of the dispute,
Dr, Ryerson was not a politician, and did not argue the matter from
a politician's point of view. His plea for the Governor, however,
was not without its effect upon public opinion, and Sir Charles
proved his appreciation of the Doctor's services by appointing him
Superintendent of Public Schools for Upper Canada,, a position
which he filled with credit to himself and benefit to the public
for many years. Mr. Sullivan's letters were ostensibly written from
a purely constitutional point of view, and, though unbecomingly
flippant in many passages, they were eloquent and argumentative.
They displayed the Governor's inconsistency in a very strong light,
and provided his opponents with some unanswerable arguments,
Mr, Isaac Buchanan also furnished his quota to the discussion.*
Notwithstanding his zeal for Responsible Government, he took
stroner ffround aijainst the ex-Ministers, and in favour of Sir Charles
Metcalfe. The other pamphleteers of less note were too numerous
to need particular reference.

An important factor in the discussion, however, still remains to be
mentioned. On Tuesday, the 5th of March, 1844, appeared the
first number of the Toronto Qlohe. Its founder, Mr, George Brown,
was then a young man of twenty-five. He was destined to play a
very important part in public aff'airs, and as no man has more dis-
tinctly stamped his individuality upon the Canadian history of his
time, some particulars of his previous career are in order in this
place,

George Brown was born at Edinburgh, on the 29th of November,

•"First Series of Five Letters against the Baldwin Faction, by an Advocate of
Responsible Government, and of the New College Bill." Toronto, 1844.

Chaos.

363

1818. He was the eldest son of Peter Brown, a gentleman of high
intelligence and great force of character, who was engaged at dif-
ferent times in various mercantile and building operations in the
Scottish capital. The son was educated, first at the High School,
and afterwards at the Southern Academy of Edinburgh. He left
school at an early age, and for some time assisted his father in his
business pui-suits. As he grew to manhood he developed a large
vitality and force, accompanied by a high temper and strength of
will which gave promise of a successful career. The promise of the
boy was royally fulfilled in the performance of the man. At various
conjunctures in his after life, George Brown was placed in positions
which would have meant utter defeat and failure to any one
less liberally endowed with vigour and determination of will ; but
he seldom failed, by the sheer force of his powerful individuality, to
convert what seemed inevitable failure into a greater or less degree
of success. ,

His early experiences were of a nature to fit him for a hand-to-
hand struggle with the world. His precocity is sufficiently attested
by the fact that before he had completed his eighteenth year
he was sent to London to purchase goods and supplies.* In course
of time reverses of fortune came, and in 183S father and son
emigrated from Scotland to New York, where they engaged in
journalistic and other pursuits, and where they were soon after-
wards joined by the other members of the family. Mr, Brown
the elder was not only a man of great native intelligence, but
was possessed of a large fund of political knowledge. Though ho
had been regarded in Edinburgh as an advanced Liberal — and justly
so, taking the prevailing tone of Scottish Liberalism in those times
into consideration — he was a zealous upholder of the monarchical

* This circumstance probably gave rise to the belief, asserted as undoubted fact in nearly
all the published accounts of Mr. Brown's career, that he left home in his boyhood and
Bought to push his fortunes in London— an assertion for which there is uu other foundation
whatever.

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364

The Last Forty Years.

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principle, and of the connection between Church and State. He was
regarded by the republicans of the New World as something nearly
approaching to a Tory, but his knowledge and sagacity won recog-
nition. He became a leading contributor to The Albion, a weekly
newspaper published in New York in the interest of the British popu-
lation. It was during his connection with this periodical that he
wrote " The Fame and Glory of England Vindicated," in answer to a
foolish book by an American, entitled " The Glory and Shame of
England." In December, 1842, in conjunction with his son, he estab-
lished The British Chronicle, as the organ of Scotchmen resident in
America. During the same month the son for the first time came over
to Canada with a view to obtaining subscribers and patronage for the
new venture. The decision of the House of Lords in the famous
Auchterarder case had been pronounced a few months previously, and
the Disruption in the Scottish National Church was imminent.
The Browns were vehement supporters of the Free Church party,
a party which had a large following in Canada, and which had begun
to feel the need of an organ. During a brief sojourn in Toronto,
young George Brown formed the acquaintance of some of the leading
citizens who espoused that side of the question. His force of char-
acter, and the apparent depth and earnestness of his convictions, made
an impression upon all who conversed with him. It was felt that he
might be a potent ally of the cause, and overtures were made to him
to convert the paper which he represented into an exponent of Free
Church views. These overtures he communicated to his father hy
letter, and meanwhile he proceeded on his tour through the Province
in the interests of his paper. At Kingston he formed the acquain-
tance of Mr. Provincial Secretary Harrison, by whom he was intro-
duced to other leading members of the Administration. He had a
natural taste for politics. The training he had received under the
paternal roof had of course been largely influential in forming his
opinions, but he was by several degrees more advanced than his

Chaos.

365

father, and was soon on good terms with the members of the Cana-
dian Ministry. News of Sir Charles Metcalfe's appointment had
just reached this country. Sir Charles Bagot was incapacitated
from taking any share in the Government, and public business was
for the time almost at a standstill. The prospective policy of the
new Governor was a principal theme of discussion among politicians
throughout the Province, and the Ministers themselves, as was to be
expected, felt a vital interest in the theme. They were surprised at
the ready and firm grasp of the situation which Mr. Brown dis-
played. Here was a young man, an entire stranger in Canada, with-
out any political experience, who had nevertheless contrived in the
course of a short time to master various important local details, and
to gauge the merits of questions not easy of solution, even to per-
sons to the manner born. The Ministers were much impressed by
his native shrewdness and acumen, as well as by his large vitality.
They little thought, however, that the tall, raw-boned, and somewhat
awkward -looking youth before them would in a few years become
one of the foremost men in Canada, and the founder of what may
almost be characterized as a distinct school of politics.

After completing his tour of the Province, he returned to his home
in New York with a glowing account of Canada. The overtures
from Toronto were discussed, and the result of the final deliberations
between father and son was that they removed to Toronto, where,
on the 18th of August, 1843, The Banner was started under their
auspices as th6 Canadian organ of the Free Church party. Though
not professedly a secular paper. The Banner entered actively into
the political questions of the time, and gave a vigorous support to
the Administration. It had been in existence but little more than
three months when the resignation of the Ministers occurred, and
the struggle with the Governor began. The Banner espoused the
cause of the ex-Ministers, and argued the constitutional side of the
question with great ability, but its theological character interfered

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The Last Forty Years.

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to some extent with its freedom of action, and its circulation was
almost entirely restricted to adherents of the sect in the interests
whereof it had been founded. The dispute with the Governor
grew hotter and hotter as the winter passed by, and the defects
of The Banner as a political power were felt more and more.
The Examiner was still published in Toronto, but it was not
conducted with the vigour which had characterized it during: Mr.
Hincks's proprietorship, and its popularity with the Reform party
as a whole had diminished. That party felt the need of a paper
which should be their recognized organ, and Avhich should be
carried on with spirit and vigour. Who so fit to conduct such an
enterprise as the Browns ? The masculine force and energy of the
son would be admirably supplemented by the knowledge and power
of expression of the father. The sincerity of the political professions
of both was beyond question, and the " large discourse " of the
younger could be turned to account on the hustings. Negotiations
were entered upon, and the result was the establishment of a pub-
lication which, after a career of more than thirty-seven years, still
stands preeminent as the leading newspaper of British America.

Mr. Brown was thus fairly launched upon his career in Canada.
The Globe made a distinct impression upon the country from the
issue of its first number, which, as has been stated, appeared on the
5th of March. For long subsequent to that date it was published
merely as a weekly, and it was a very insignificant looking sheet as
compared with the journals of the present day ; but it was written
with a vigour and robustness of expression which made it a power-
ful moulder of public opinion.* It battled valiantly for Responsible

*The above facta are not set down by way either of approval or disapproval of the political
course pursued by the Globe, but merely to show the origin and causes of the widespread
influence which that journal obtained. It will hardly be denied by any Canadian, what-
ever his political opinions may be, that the establishment of the Globe was an event in the
political histoiy of our country, and that as such it is entitled to be chronicled in a work
like the present.

Chaos.

3G7

Government, according to the legitimate acceptation of the term,
and aga.nst the restricted construction which Sir Charles Metcalfe
and his advisers sought to put upon it. It was an undoubted factor
in the contest, and its power, combined with that of The Examiner,
was perceptibly felt by the Governor's adherents. It steadily
gained ground in public favour, and eventually made its founder
well known all over the Province. It is not necessary to pursue
Mr. Brown's career any farther at this time. In future pages he
will claim the share of attention due to a man whose widely-extended
influence made itself felt to the remotest confines of the Province,
and who stamped his name indelibly upon our political life.

The Address of the Gore Councillors, as it is called, and his
Excellency's Reply thereto, deserve to be specially enumerated
among the important contributions to the literature of the struggle.
Among the flood of addresses by which the Governor was deluged
during the winter of 1843-4 was one from the Warden and Coun-
cillors of the Gore District. It was couched in the most respectful
tone, but declared the belief of the signatories that public opinion
would fully sustain the late Executive in the stand taken by them
" on the plainly defined and easily understood principles of the
British constitution."* The reply of his Excellency is important, as
showing his entire faith in his professions, and his utter inability to
perceive the true merits of the question at issue. He represented
himself as being responsible, not only to the Crown, Parliament and
people of the mother country, but also to the people of Canada. He
expressed his acceptance of the doctrine that it should be competent
to the Council to offer advice on all occasions, whether as to patron-
age or otherwise ; that the Governor should receive it with the atten-
tion due to his constitutional advisers, and consult with them in all
cases of adequate importance ; that there should be a cordial coopera-
tion and sympathy between him and them ; that the Council should

*The full text of the Address and Reply will be found in Kaye, Vol. II., pp. 477-480.

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The Last Forty Years.

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be responsible to the Provincial Parliament and the people ; and that
when the acts of the Governor were such as they did not choose to
be responsible for, they should be at liberty to resign. Any student
of our constitution at the present day will readily perceive that these
statements, the sincerity of which is indisputable, involve more than
one fallacy. To acknowledge responsibility to the people of Canada
was, to say the least, misleading on the part of the Governor.
Responsibility implies a certain measure of control on the part of
the power to which the responsibility is due, and the people of
Canada had no constitutional control whatever over the acts of the
Governor. The only means of obtaining redress against him for any
violation of his functions was through the Imperial authorities. The
remarks of his Excellency on the subject of the responsibility of his
Councillors have been humorously, and not ineffectively, paraphrased
by a Canadian writer of the present day, in the following language :
"How could the Council be held responsible for acts over which
they had no control ? . . Suppose a mistress were to say to her
cook, ' Mary, I will cook the dinner, but if the veal is roasted to a
cinder you will be good enough to take the responsibility. If the
fish is sent up half cooked, if the soup is a mass of fat, if the turkey
is raw, the whole brunt of the master's storming must fall on you.' "*
The whole text of the Governor's reply was based upon false premises,
and the conclusions, which were equally wide of the constitutional
mark, were not even legitimate deductions from his assumptions.

The Government offices were removed from Kingston to Montreal
soon after the opening of navigation, and in the course of the sum-
mer his Excellency also removed his headquarters from Alwington
House to Monklands, a pleasant abode situated several miles west-
ward of the last-named city.

Meanwhile, a struggle almost identical in principle with that
between Sir Charles Metcalfe and his nine Councillors was in

*See "The Irishman in Canada," by Nicholas Flood Davin ; p. 499.

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Chaos.

369

progress in Nova Scotia, between the Lieutenant-Governor, Lord
Falkland, and the Reform members of his Cabinet.* Lord Falk-
land had seen fit to appoint an unknown and untried man to an
important office, and this without consultation with the Reform
Ministers, who accordingly resigned their seats, giving, in writing,
their reasons for doing so. The Lieutenant-Governor wrote a long
reply, which, like that of Sir Charles Metcalfe to Mr. Lafontaine's
note, was published in the local newspapers.i* The two replies were
both set to the same tune. Both professed willingness to pay due
deference to the views of the Councillors, and to the popular wishes,
and both declined to give way on questions involving the royal
prerogative. The Tory party, however, were somewhat more power-
ful in the Nova Scotian Assembly than in that of Canada, and
after the matter had been under discussion for fourteen days, the
Lieutenant-Governor's action was sustained by a small majority.
But this was merely the beginning of the end, so far as Lord Falk-
land was concerned. Responsible Government, backed by Mr. Howe
and Mr. Young, eventually proved too much for his Lordehip, and in
the summer of 1846 he was compelled to make way for his successor.
The contest with Sir Charles Metcalfe was maintained with
increased virulence. The country was in an uproar from end to end.
The great expectations which the Governor had been led to enter-
tain respecting Mr. Viger proved to be unfounded. That gentleman
had betaken himself to Montreal and other parts of Lower Canada,
where he had addressed public meetings, had conferred with various
members of Parliament, and generally had done his utmost to bring
his compatriots round to his own and the Governor's views. In
vain. The French Canadians, as a body, held fast by Mr. Lafon-
taine and his colleagues, and would have none of Mr. Viger. This

• Messrs. Howe, Uniacke, and McNab.

t See " Nova Scotia, in its Historical, Mercantile and Industrial Relations," by Duncan
Campbell (Montreal, 1873), pp. 352, 353.

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The Last Forty Years.

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was a sad disappointment to the Governor and Mr. Draper, who had
been awaiting the result of Mr. Vigor's exertions, and postponing
arrangements in Upper Canada. Summer set in, and the ministerial
offices still remained unfilled. Towards the end of June it was re-
solved that Mr. Draper should himself proceed to the Lower Province,
with a view to definitely ascertaining the state of ])ublic feeling
there. That gentleman accordingly repaired to Montreal, where he
spent three weeks, a period quite long enough to enable him to
gauge the situation. He wrote to the Governor that "after dili-
gently prosecuting his inquiries, and extending his observations in
all possible quarters, he could come to no other conclusion than that
the aid of the French Canadian party was not to be obtained upon
any other than the impossible terms of the restoration of Baldwin
and Lafontaino."*

" Impossible terms," indeed ; but the impossibility was of the
Governor's own creation, and was simply attributable to his deter-
mination not to give way. It was. however, impossible that matters
should remain as they were without utter ruin to the Province. The
absence of any duly-constituted Executive would erelong bring com-
mercial disaster to the country by destroying its credit. The public
mind was in an unsettled and anxious state. There were grave ner-
vous forebodings about the future. Extremists hinted at impending
revolution and anarchy. Trade and industry began to bo seriously
affected. Merchants and manufacturers were afraid to launch out
into new enterprises. The want of a responsible Attorney-General
was already seriously felt in Upper Canada, and was daily becoming
more imperative. Reform papers rang the changes upon Othello's
phrase, " Chaos is come again." Where was the remedy ? How
was a Ministry to be formed ? " After the lapse of seven months,
during which the country had been without an Executive Govern-
ment, Metcalfe was told by one of the ablest, the most clear-headed,

»Kaye, Vol. II., p. 380.

Chaos.

371

and- the most experienced men in the country, that it was impossible
to form a Ministry, according to the recognized principles of Respon-
sible Government, without the aid of the French Canadian party,
and that that aid it was impossible to obtain."* And why im-
possible to obtain? Because, forsooth, "to recall Baldwin and
Lafontaine would be publicly to acknowledge a defeat, to lower the
dignity of the Crown, and to pave the way for new embarrassments
which might be more insuperable than the old."f Yet no Ministry
which did not include them could gain the French Canadian vote,
and without that vote no Ministry could hope to command a majority
in the Assembly. Under Responsible Government, which the Gov-
ernor admitted to bo in full force in the Province, a Ministry
without a majority of supporters in the Assembly was no Ministry
at all. How then was the Government to be carried on consistently
with the principles of the Canadian constitution ?

August arrived, and this problem still remained unsolved.

'Kaye, Vol. II., pp. 380, 381.

t/6., p. 381.

I*
f

Chapter XVIII.
AN APPEAL TO THE COUNTRY.

Theseus. How shall we find the concord of this discord ?

—A Midsummer Night's Dream, Act V., so. 1.

HE unpromising state of affairs in Canada naturally
excited a certain amount of speculation in the mother
country. In the House of Commons, so early as the 2nd of
February (184'4;),Lord Stanley,in reply to a question from
a member of the Opposition, declared that the course
pursued by Sir Charles Metcalfe met with the entire and
hearty approbation of Her Majesty's Government. On the 30th
of May a discussion on the subject took place in the House, when
Mr. Roebuck drew attention to the fact that the Province had
remained for more than six months without an Administration.
The sp .^aker censured Sir Charles Metcalfe's procedure strongly, and
asked for an official expression of opinion on the subject. Lord
Stanley, in reply, speaking on behalf of the Government, again
expressed approval of Sir Charles's conduct, but his remarks showed
that he had been misled, at least as to details. He represented to
the House that the Governor-C .neral's Councillors had demanded of
him that he should bind himself by writing, under his hand and
seal, not to make, or offer to make, any appointments whatever, save
with their concurrence. The same thing had frequently been
declared in Canada, though not ^^y authority of the Governor, so far
as the " hand and seal " clause was concerned, and the ex-Ministers
uniformly denied having made so arbitrary a demand. Lord

An Appeal to the Country.

373

Stanley, however, of course made the statement in good faith, hav-
ing been deceived, no doubt, by one of those sources of mischief
which have so often misled men in his position.* He commended
the Governor for having refused to surrender the patronage of the
Crown, and defended his action in reserving the Secret Societies
"!:11. Lord John Russell and Sir Robert Peel followed, and pro-
nounced eulogies on the conduct and character of Sir Charles Met-
calfe, but both of them showed, in the course of their remarks, that
they were not well-informed as to the precise nature of the dispute.
In Canada matters went on from bad to worse. Mr. Draper, upon
whom the Governor almost exclusively relied for advice on import-
ant questions, rendered loyal service to his Excellency, but he was
too patriotic to stand quietly by and see the Province drift into
revolution or anarchy. As the summer passed by he became urgent
in his counsels. Early in -August he protested to the Governor that
affairs could not much longer be carried on without an Administra-
tion. Sir Charles Metcalfe, who had been so chary of his dignity
when dealing with Messrs. Lafontaine and Baldwin, took in good
part the sharpest couasel that Mr. Draper saw fit to administer, and
now began to bestir himself in good earnest. A systematic canvass
of members of Parliament was set on foot. The post of Attorney-
General for Lower Canada was successively offered to four leading
French Canadians, and declined by them all. The latter were
staunch in their allegiance to Mr. Lafontaine and Mr. Baldwin, and
were not to be tempted."!* Alter some further fruitless negotiations
the Governor was driven to the conclusion that he must get along
without French Canadian assistance, and must rely upon the British

*See "A Brief Statement of the Dispute between Sir C. Metcalfe and the House
of Assembly of the Province of Canada." London, 1844.

t It is fair to give them credit for loyalty to their chiefs, although as matter of fact it
would have needed no little temerity on their parts to brave public opinion in Lower
Canada by deserting the jxjpular side. This, however, as will presently be seen, was done
by Mr. D. B. Papineau with a certain measure of success.

374

The Last Forty Years.

alone. He next offered the Attorney-Generalship for Lower Canada
to two British residents of that part of the Province, by both of
whom the post was declined. The portfolio had thus been succes-
sively offered to, and declined by, six persons. But perseverance
met its reward. A seventh offer, made during the fourth week in
August, to Mr. James Smith, was successful. Mr. Smith was entirely
devoid of legislative experience, having never had a seat in Par-
liament, nor was he of any special note in his profession. He
was merely a respectable member of the Montreal bar, of moderate
opinions, and of fairly industrious habits. About the same time,
in consequence of delicate approaches at second hand, Denis
Benjamin Papineau was induced to accept the office of Commis-
sioner of Crown Lands. He already had a seat in the Assembly,
having, as has been seen,* succeeded tlie Hon. Charles Dewey Day
in the representation of the county of Ottawa. The Governor con-
sidered it no slight triumph that he had been able to induce a
brother of the arch -insurgent to accept office at his hands, as it could
no longer be alleged that he had been entirely unsuccessful with the
French Canadian element in the population. Mr. Papineau was a
man of high character, and of more than average ability, but he
suffered from partial deafness, an infirmity which to some extent
interfered with his usefulness at the Council Board as well as
in the House. A more important addition to the Ministry
was William Morris, as to whom some particulars have been given
on a former page.-f- He is correctly referred to by Lord Metcalfe's
biographer as one of the most respected and respectable men in the
Province. " He had been conspicuous in his opposition to the old
exclusiveness of the dominant faction, but having subsequently
arrayed himself against the late Council, he had been scouted by
them as a Tory, and some persons had hesitated to join an Adminis-
tration of which he was a member, lest the same imputation should

• Ante, p. 228.

\Ante, p. 108.

An Appeal to the Country.

375

be made against them. But in reality, though a loyalist, he was a
man of liberal sentiments ; and whilst the greatest possible assist-
ance was likely to be derived from him by the Executive Council
from his excellent habits of business, no collision of opinion was
anticipated."* The office assigned to him was that of Receiver-
General. The three new Ministers were sworn into office in the
beginning of September. Mr. Draper at the same time became
Attorney-General for Upper Canada, and Mr. Viger President of
the Council. Mr. Daly retained the Provincial Secretaryship for
Lower Canada. So that, after a ministerial interregnum of more than
nine months, the six most important offices in the Cabinet were filled,
and the Governor was disposed to summon Parliament for the des-
patch of business. To do so, however, would have been to encounter
certain defeat in the Assembly, where the ex-Ministers could com-
mand an easy majoj'ity. A dissolution was accordingly resolved upon,
and on the 23rd of September was carried into effect. On the fol-
lowing day writs, made returnable on the 12th of November, were
issued for a new election. It was determined not to till any more
of the ministerial offices until the result should be known.

Such an election had never been witnessed in Canada. The first
contest under the Union had been stormy enough, but that of 1844
stands out as a unique episode in our history. The well-wishers of
Responsible Government felt that it was on its trial, and put forth
their mightiest energies. The supporters of the Governor were fully
awake to the importance of the crisis, and left no stone unturned to
procure the return of candidates favourable to their policy. The
Governor himself felt that his posthumous reputation was at stake,
and ho did not scruple to turn his personal influence to account, as
well as to resort to stratagems which he despised, in order to win
votes. From end to end of the Province the excitement was un-
precedented. In many places there were rioting and bloodshed.

• Kaye, Vol. II., p. 387.

376

The Last Forty Years.

Wherever such a course was practicable the troops and militia were
warned to hold themselves in readiness, and in several places they
were actually called out. Nowhere was the bitterness of party
strife more pronounced than in Montreal, and the local authorities
dreaded the worst consequences from collisions between opposing
factions. Mr. .^^hn Young, whose previous career has already
been glanced at,^ was appointed returning officer for the city. In
that capacity he was specially deputed to preserve the peace, and to
secure a fair and free exercise of the franchise throughout the
city. To accomplish both those desirable ends was perhaps beyond
his power. It was much that, with the aid of the troops, he was
able to prevent serious loss of life. For a day or two prior to
the commencement of the elections, hordes of ill-looking fellows
poured into the city. Many of them were known to be armed.
Mr. Young went systematically to work. Backed by the soldiery,
and with the aid of an army of special constables, he instituted a
rigorous search for secreted weapons. Whenever any such weapons
were found they were impounded, and the persons caiTying them
were in many instances placed under arrest and kept in durance
until after the close of the contest. vSo far, all was well. But, owing
to the unjust system imposed, nothing approaching to a full vote
was polled in the city. The simple fact of the matter is that the
plan of alternate voting adopted by Mr. Young enabled a minority
to elect their candidate. In the three centre wards, where the Con-
servatives had a majority, all the votes were recorded, whereas in
the six suburban wards, where the Liberals had a decided majority,
nothing like a full vote was polled. The alternate voting was
neither more nor less than an election scheme concocted in the
Governor's interest, and by its means many Reform electors of
Montreal were, for the time, practically disfranchised.

*AtUe, pp. 215, 216.

An Appeal to the Country.

377

The result of the elections as a whole was a small majority for
the Government.* Of course, both parties were accused of the most
unblushing bribery and corruption, and there seems to be good
reason for believing that many of the accusations on both sides were
true. It was a contest wherein much was involved, and as to which
both parties felt strongly. We may be sure that no petty scruples
were permitted to stand in the way of obtaining votes. The influ-
ence of mob law was great in those days, and was in more than one
instance turned to the fullest account. There seems to be no possi-
bility of doubting that several returning officers were guilty of the
most corrupt and criminal abuse of their opportunities. The excuses
afterwards made by the Tories for flagrant corrupt practices was
that they had helped the Governor to maintain his Sovereign's
cause against a rebellious people ; and doubtless this was a not
uncommon feeling throughout the Province wherever Tory influence
was predominant. Not a few moderate Reform votes were recorded
in favour of his Excellency's policy from dread of the consequences
of a prolonged interregnum. It was felt that the confirmed mild
paternal rule, even of a Governor who did not believe in Responsible
Government, was betier than such a state of things as the country
had seemed to be insensibly drifting into since the resignation of
the Ministers nearly a year before.

In Lower Canada, all the influence which the Government could
bring to bear sucoeeded in obtaining but a slight measure of success,
so far as success is to be estimated by actual power in the Assembly.

* On the 23rd of November Sir Charles Metcalfe forwarded to Lord Stanley the folloW'
ing analysis of the election returns :

Upper Canada— Avowed supporters of the Government, 30 ; avowed adversaries, 7
undeclared and uncertain, 5.

Lower Canada — Avowed supporters of the Government, 16 ; avowed adversaries, 21
undeclared and uncertain, 4.

Total of both sections of the Provinces :— Avowed supporters of the Government, 46
avowed adversaries, 28 ; undeclared or uncertain, 9. — See "Selections from the Papers of
Lord Metcalfe," p. 437.

378

The Last Forty Years.

Mr. Viger, the now President of the Council, was worsted in his
constituency of Richelieu. And by whom ? By Dr. Wolfred Nelson,
whose return from exile has been recorded on a former page,* and
whose identification with the Lower Canadian rebellion had been as
complete as that of Louis Joseph Papineau himself. Notwithstand-
ing his defeat, Mr. Viger retained the Presidency of the Council, but
did not find a seat in the Assembly vintil the middle of the following
summer, when he was returned for the town of Three Rivers,
which constituency had meanwhile become vacant through the death
of the sitting membei-, Mr. Edward Grieve. Jean Baptiste Isaie
Noel, who had represented Lotbiniere in the First Parliament, and
who had from the first supported Mr. Viger in his espousal of the
Governor's side in the dispute with his ex-Ministers, presented him-
self to his constituents for reelection, and was defeated by Joseph
Laurin. Joseph Guilliaume Barthe, the only other French Canadian
member who had openly supported Mr. Viger and the Governor, was
defeated in Yaraaska by Dr. Leon Rousseau, a supporter of the
Lafontaine-Baldwin policy. -f* Austin Cuvillier, who had been Speaker
to the late Assembly, and who was now suspected of a leaning
towards the Government party, was defeated in Huntingdon by
Benjamin Henry Lemoine. The veteran John Neilson, who had
been on the Government side throughout the dispute, was left far
behind in the race upon presenting himself to his old constituents
in the county of Quebec. On the other hand, the Government
policy received unexpected support in some important constituencies.
Not only were Messrs. Daly and Papineau reelected in Megantic

•Ante, p. 299.

+ "With respect to Mr. Barthe, it is right to state that the loss of his election is attri-
buted to there having been another candidate in the same county also avowing support to
the Government, by which the votes of the Government supporters, forming an aggregate
majority, were divided between two candidates, while those of the adverse party were
given to one, wiio thereby obtained a majority over each of the others." — See Sir Charles
Metcalfe's desp vtch to Lord Stanley, November 23rd, 1844.

■

An Api^eal to the Country.

379

and Ottawa — the latter without opposition — but Mr. Smith, the new
Attorney-General for Lower Canada, was returned for Missisquoi,
and the Hon. George Moffatt and Charles Clement Sabrevois
DeBleury were successful against Mr, Drummond and Dr. Beaubien
in the city of Montreal, where, as was well known, the Opposition
ought to have been able to command a majority of votes. On the
side of the Opposition, some prominent members were defeated, and
others narrowly escaped defeat. The Lower Canadian members
of the ex-Ministry were all returned. Mr. Morin was returned for
two constituencies (Saguenay and Bellechasse *) ; Mr. Lafontaine,
having resigned his seat for the Fourth Riding of York, in Upper
Canada, was elected without a contest in his old constituency of
Terrebonne ; and Mr. Aylwin was returned for the city of Quebec.
In Upper Canada the loyalty cry was found most eflective,
and the Government had a very distinct triumph ; a triumph
which was signalized not only by the return of a large majority
in favour of their policy, but by the defeat of some of the most
conspicuous of their opponents. Messrs. Baldwin, Small and Price
had too strong a hold to be dislodged in their respective con-
stituencies (the Fourth,i" Third and First Ridings of the county of
York), but they were opposed by Government candidates with such
pertinacity that their supporters were compelled to work with
unflagging energy in order to secure their election. Mr. Hincks,
much to the surprise of his late colleagues, was defeated in Oxford
by Robert Riddell, a local candidate who had 1. in set up by the
Government party. The ex-Inspector-General had meanwhile become
a resident of Montreal, where he had established a newspaper of a
character similar to that of The Examiner. At the time of the

* He elected to sit for Bellechasse.

+ Mr. Baldwin had issued a farewell address to his Lower Province constituents iu
Riinouski, and had returned to his old constituency, the Fourth Riding of York, for
which Mr. Lafontaine had sat since the formation of the Lafontaine-Baldwin Administra-
tion. Mr. Lafontaine, as indicated above, returned to his old constituency of Terrebonne.

380

The Last Forty Years.

resignation of the Ministers the want of a Reform paper printed in
the English language was much felt by the British residents of
Montreal, where all the English journals espoused the Governor's side.
There was another cause which made Montreal a likely spot for the
establishment of an English Reform newspaper — it was soon to be the
Seat of Government. Mr. Hincks accordingly established The Pilot
there early in 1844, The paper was conspicuous for precisely the
same qualities which had made The Examiner a power in the land so
long as it remained in Mr. Hincks's hands. It did good service to the
cause which its founder had espoused, but when Mr. Hincks went
up to Oxford for reelection he found that hostile influences had been
at work, and that the Government party had obtained a larj^e follow-
ing. The contest was keenly fought out, and resulted in the return
of Mr. Riddell by a majority of twenty votes. Mr. Hincks did not
offer himself elsewhere, and did not sit in the Second Parliament.
He for the time confined his energies to his paper, and we shall not
meet him again until the next general election. His defeat was a
decided triumph for the Government party, and an equally decided
blow to the Opposition. John Henry Dunn, late Executive Coun-
cillor and Receiver-General, was badly beaten in Toronto, which
returned two ministerialists, Henry Sherwood and William H.
Boulton. James Durand, too, a firm adherent of the ex-Ministers,
sustained defeat in his constituency of West Halton. The Hon.
Henry John Boulton, formerly a member of the Family Com-
pact, but now an adherent of the Lafontaine-Baldwin party, was
beaten in the town of Niagara by Walter Hamilton Dickson, an
out-and-out supporter of the Governor. These are merely a few of
the most conspicuous defeats sustained by the Opposition in Upper
Canada. The Government elected all their staunchest supporters.
As already stated, all the Lower Canadian Ministers except Mr.
Viger were returned. The only Ministers belonging to Upper
Canada were Mr. Draper and Mr. Morris, both of whom had seats

An Appeal to the Country.

381

in the Legislative Council, and needed no election. While the
elections were in progress Mr. Henry Sherwood accepted the office
of Solicitor-General for Upper Canada, but without a seat in the
Executive Council. He was reelected to the Assembly by the
citizens of Toronto.

Parliament met at Montreal on Thureday, the 28th of November.
The state of parties in the Assembly was clearly defined by the vote
on the Speakership. His Excellency desired the presence of the
members of the Assembly in the Legislative Council Chamber, and
announced, through the Speaker of that body, that he did not see
fit to declare the cause of summoning Parliament until a Speaker of
the Assembly should have been chosen according to law. The
members of Assembly accordingly returned to their own Chamber,
whereupon Mr. Attorney-General Smith proposed Sir Allan Napier
MacNab as Speaker. The motion was seconded by William Henry
Scott, member for Two Mountains. Colonel Prince, who had been
reelected for Essex, then proposed the ex-Minister, Mr. Morin, and
his motion was seconded by Mr. Christie, who had also been returned
for his old constituency — Gaspe. After much discussion the vote
was taken, and Sir Allan was elected by a majority of three ; thirty-
nine votes being recorded for him as against thirty -six in his favour.*
All the French Canadian members voted for Mr. Morin, except the
new Commissioner of Crown Lands and Mr. De Bleury, one of the
abovenamed new members-elect for the city of Montreal. Sir
Allan laboured under the disadvantage of being unacquainted with
the French language, but was in other respects well suited for the
Speakership.

On the following day the session was formally opened by his
Excellency. The Speech from the Throne was of considerable length,

* Seventy-seven members were present in the Assembly, seventy-five of whom recorded
their votes as above stated. The two candidates did not vote, and the remaining constitu-
encies were for the time unrepresented in the House.

382

The Last Forty Years,

and touched upon various topics of public interest, but it had not
been very cunningly drawn. Its first clause tacitly acknowledged
that there had been great delay in assembling Parliament, and an
altogether insufficient reason was assigned for the delay. " I have
assembled you at the earliest period that the completion of the
general election would allow," said his Excellency. The obvious
criticism suggested by such a remark is that the general election
ought to have been held sooner, and that the business of the country
had been prejudiced by the unnecessary delay. Towards the close
of the Speech there was a quasi admission of impropriety on the
part of the Governor in not sooner filling the various ministerial
offices.

Just before the opening of the session John Neilson and James
Morris had been appointed members of the Legislative Council. It
now became apparent that the complexion of the Assembly had
undergone important changes. Some prominent members of the
last Parliament were conspicuous by their absence, and several
personages whose names were destined to become well known
throughout the Province now took their seats for the first time.
Among the most conspicuous absentees were Francis Hincks, John
S. Cart Wright, Henry John Boulton, Edward Gibbon Wakefield,
James Durand, and Austin Cuvillier. Among those who now for
the first time sat in the Assembly were at least six personages
deserving of special introduction to the reader.

Ogle Robert Gowan, the new member for Leeds, has already been
more than once referred to in these pages. He was an Irishman by
birth, and a native of the county of Wexford, where he had been
prominently connected with the Orange body from his early youth,
and had written several pamphlets on politico-religious subjects.
He had also connected himself with two weekly newspapers, to both
of which he had been a voluminous contributor. In 1829 he
emigrated from Ireland to Upper Canada, and settled at Escott

An Appeal to the Country.

383

Park, in the county of Leeds. He had not been much more than a
year in the country when he wrote a pamphlet on Responsible
Government * which was the means of making him well known to
Upper Canadian politicians. In due time he found his way into
the old Parliament of Upper Canada, and to a connection with
several newspaper enterprises. He became, as has been seen,-f- Grand
Master of the Orange body in British North America, a position
which he occupied for about twenty years, and which enabled him
to exercise a vast influence. In politics he was a distinctly pro-
nounced Conservative, so far as his fast and firm alliance with that
body was concerned, but he entertained modern and enlightened
views on some important public questions. During the rel)elli(in
he took a prominc \i part on the loyal side, and was present at the
ca]iture of Hickory Island, as well as at the engagement near Pres-
00 tt, known as the battle of the Windmill. At the latter engage-
ment he was thrice wounded. He had previously received from
Sir Francis Head the command of a regiment of militia, and was
afterwards promoted by Sir John Colborne to a company in the
Queen's Own Rifles. Later still he attained the rank of Lieutenant-
Colonel. He did not sit in the first Parliament under the Union,
but did good work for the Conservative side by means of a vigor-
ously conducted- weekly newspaper established by him at Brockville
some years before, and known as The Statesman. During the
sojourn of the Govei'nment at Kingston this newspaper was
removed thither. It opposed Lord Sydenham and Sir Charles
Bao-ot with combined volubility and vigour. With Sir Charles
Metcalfe its editor early established friendly relations. J When the
rupture with the Ministry took place, Mr. Gowan became one of the
staunchest allies of the Governor, and one of the fiercest assailants

* " Responsible or Parliamentary Government ; " Toronto, 1830.
modifications and additions, 1839. Referred to ante, p. 303.

Republished with

■\Antc, p. 297

X Ante, p. 297.

384

The Last Forty Years.

of tho ex-Councillors. At the general election of 1844 he was
returned for the county of Leeds, and upon the opening of Parlia-
ment took his seat in tlie Assembly as the uncompromising advocate
of the Governor's policy.

Mr. Gowan's writings everywhere exhibit a considerable degree of
rugged but uncultivated strength. It is impossible to read his
articles without perceiving that he was not, in the modern, or
inileed in any proper acceptation of the term, an educated man, or
one who knew how to make the most of himself when his pen was
in his hand. Still, there was a homely, coarse robustness in his
writings which probably found its way to the understandings of
his readers more quickly and effectually tlian articles written in
the style of Mr. Gladstone's state pai)ers would have done. As a
speaker he was long known a.s one of the most eHective in the
Assembly. His training in Orange lodges had given him a readiness
of expression which enabled him to do full justice to the vein of
eloquence which is proverbially an attribute of his race, and which he
inherited in no couunon degree. Ho was an able, active-minded
man, destined to attain to higher distinction than had yet come
in his way, and to leave distinct traces of his life's work behind
him.

Dr. Wolfred Nelson has also received mention in former pages.
He had obtained an unenviable notoriety by reason of his connection
with the I'ebellion, but it is a circumstance worthy of being reported
in his favour that he never lost the personal respect oi even the
most loyal of his former friemls, in conse(]uence of his action in
aiding and heading an armed insurrection against duly constituted
authority. Neither did ho ever lose hia respect for himself. No
one ever ventured to doubt his perfect sincerity, disinterestedness,
and good faith. It is a trenciumt conniientary upon the state of
atl'airs which prevailed in the Lower Province in 18.*}7-'*38, that a
man of respectable English descent, and possessing a high sen.se of

An Appeal to tlie Country.

385

moral rectitude ; a man of irreproachable private character, of high
standing in one of the learned professions, in good pecuniary circum-
stances, and of undoubted loyalty and good sense, should have been
driven into hoisting the standard of rebellion.

He was born at the City of Montreal in 1792. After receiving
his education he studied medicine, and even during his student
days won a high reputation for surgical skill. Upon obtain-
ing his license to practice, in 1811, he settled at St. Denis, a
pleasant little village in the county of St. Hyacinthe. Ho was a
large-hearted man, and, notwithstanding his English descent and
training, was able to enter into the sympathies and feelings of the
hahitans who formed the bulk of the rural poi)ulation. He spoke
their dialect as glibly as his own, and soon found his way to
the hearts of the entire French Canadian population in and
abo\it St. Denis. Patients flocked to him, and he was fre(piently
not only their physician, but their adviser on temporal matters.
During the war of 1812-'1.5 he served as surgeon of a battalion
raised in the district, and ac([uired an unusual degree of familiarity
with military tactics. At the close of hostilities he returned to
his (piiet home at St. Denis. He took a warm interest in public
art'airs, his .sympathies being strongly on the popular side, insonuich
that he was nicknamed " the Frenchified Englishman." He resisted
all importunities to enter political life until he liad reached his
thirty-Hfth y^ear, by which time he had amassed a competent fortune,
and was in a position to take liberties with his future. He certainly
availed himself of his privilege in this particular to the fullest i-.xtent.
In 1827 he was returned to the Lower Canadian Assendily. Ho
made his mark in Parliament, not only as a Huent and earnest speaker,
V»ut as a man who entertained strong opinions which were worth
listening to. He devoted himself to finding a remedy for the many
grievances under which the people suffered, and after a time became
a fcllow-w rker with Papineau. For years, however, he tried to

38G

The Last Forty Years.

stem the current which he foresaw would, if unchecked in its
course, eventually lead to rebellion. Apart from the consideration
that he had the sympathies of an Englishman, and was loyal to his
Sovereign, ho well knew that any attempt at rebellion in Canada
must prove ineffective. His object was not disintegration, but
merely to gain for British subjects in Canada the same rights
which British subjects enjoyed elsewhere. Continued oppression
and misgovernment, however, at last did their work. Hundreds of
suffering and illiterate peasants looked to him for advice and support*
Papineau hounded them on, and the Doctor was drawn into the
vortex. The die having been cast, he threw himself into the struggle
with characteristic energy. He was the most active organizer and
directcr of the revolutionary measures. The Government were
apprized of the drillings and manceuvres in progress in various
parts of the Province. On the 23rd of November, Colonel (after-
wards Sir Charles) Gore, a veteran of Waterloo, who was at
this time on service in Canada, bore down upon St. Denis wit'
a body of infantry and volunteer cavalry at his back. Dr. Nelson,
with a little force of habitans, was entrenched there, and defended
the place like a veteran. It is agreed on all hands that he con-
ducted operations like one who had been a man of war from
his youth. Colonel Gore and his forces were compelled to retreat,
leaving behind them wounded soldiers who were ministered to in
the kindest and gentlest manner b}'' Dr. Nelson himself There is
no need to prolong details, nor to ' ^ll the tragical story of Lieu-
tenant Weir. The repulse of Colonel Gore merely postponed the
inevitable result. The rebellion was soon crushed, and the leaders
fled. A reward of two thousand dollars was offered for Dr. Nelson's
capture. After a few days, during which he suffered untold
miseries from hunger, cold, and exposure, he was captured in the
wilderness near the United States frontier, and conveyed to Mont-
real, where he was lodged in gaol with a number of his fellow-

An Appeal to the Country.

387

conspirators. The sufferings which he had undergone produced a
prostration of the system from which he was long in recovering, but
he conducted himself with a manly composure and self-possession
which effectually proved the quality of his mind, and which won
respect from all. He indulged in no useless repinings. He had
played a desperate game, and had lost. He resigned himself to pay
the penalty of death. But better things were in store for him.
How he was banished to Bermuda by Lord Durham ; how the
ordinance was disallowed; how he was subsequently permitted
to return to his nrtive land, and to engage in medical practice in
Montreal, has already been nari'ated. In his futile struggle he
had lost nearly all his property, and was compelled to begin the
world anew. He buckled on his armour for the struggle with true
Saxon courage, and no one ever heard him complain of his lot. The
inhabitants of Richelieu now testified their esteem for him by
electing him to Parliament over the head of no less a man than Sir
Charles Metcalfe's President of the Council. The rest of his life
was passed in honour, without spot or stain. He was twice elected
Mayor of Montreal, and subsequently rendered good service to his
country as Inspector of Prisons, He contributed largely on profes-
sional subjects to the medical press of Canada and the United
States.

Joseph Edouard Cauchon, who took his seat in the Assembly for
the county of Montmorency, was — and is — one of the most remark-
able French Canadians of his day. At the time of this present
writing he is Lieutenant-Governor of the Province of Manitoba, and
is known — not altogether favourably — from one end of the Dominion
to the other. In 1844 he was known only to the people of Lower
Canada, and even to them was notorious chiefly as a brilliant
young journalist who had suffered persecution in the popular cause,
and who was therefore deserving of their support. He was at this
time in his twenty-eighth year, having been born at Quebec in 181G.

388

The Last Forty Years.

He came of a good French family, and had enjoyed an excellent
scholastic training. As a young man he developed rare qualities of
mind. He studied law, and was called to the bar, but devoted him-
self chiefly to journalism — a calling for which he was in some respects
well fitted. He was a collaborateur of Etienne Parent* in the
conduct of Le Ganadien. When that gentleman was elected to
Parliament, in 1841, Mr. Cauchon became editor-in-chief. His
editorial career at this time was marked by unbounded energy and
temerity, but by much indiscretion. He had entertained strong
political sympathies almost from his childhood, and long before he
could be expected to furnish any good reason for the political faith
that was in him. The opinions of one who is guided by his sym-
pathies and prejudices rather than by his reason cannot be of much
value, and this was precisely the case of young Cauchon when he
succeeded to the editorial chair of Le Ganadien. He wrote wildly
denunciatory articles, and erelong brought down upon himself the
indignation of Government. His paper was suppressed, but soon
after arose, phoenix-like, as the Journal de Qm^bec, which was con-
ducted with equal ability and greater prudence, and soon won a
prominent place among French Canadian newspapers. Mr. Cau-
chon's fame grew apace, and at the general election which forms the
chief topic of the present chapter he responded to advances made
to him to enter Parliament. The result of his response has already
been chronicled, and he thenceforward continued to be " the member
for Montmorency " for a continuous period of twenty-eight years.
It is not necessary in this place to discount the evil repute which
has attended Mr. Cauchon during the last decade or thereabouts.
That repute, and the causes which led to it, will necessarily be
noticed in futur*^ najes. In 1844 he took his seat as the ally of the
ex-Ministers, and Yith no greater blemish upon his character than
indiscretion. He soon proved himself a formidable ally, for what-

*Ante, pp. 93, 94.

p im*jm^irm*.m

An Appeal to the Country.

389

ever his faults, his bitterest enemy — and he has many bitter enemies
— cannot deny that Joseph Edouard Cauchon is a man of tremendous
force, and that he was an awkward antagonist to encounter on the
floor of the Assembly when he was in earnest. Unlike some of the
most eminent of his contemporaries, he was never a diffident man, or
one disposed to hide his intellectual light under a bushel. His great
force, whether in journalism or political life, was instantly apparent,
and on important occasions descended like an avalanche. His moods
were variable, but when his least amiable fit was upon him there
was a lurid light in his eyes, and he seemed to take delight in lash-
ing his opponents to fury.

Pierre Joseph Olivier Chauveau, who had just defeated John
Neilson in Quebec County, is a French Canadian of an altogether
different stamp. He is a native of the city of Quebec, where he
was born in 1820. He received his education and studied law
in his native city. At the time of his first return to Parliament he
was known as a rising young lawyer, as the author of several
graceful poems, and as a contributor to Le Canadien. He disap-
proved of Sir Charles Metcalfe's policy, and was elected in the
interest of the Opposition. He has since won a high reputation as
a man of letters — a reputation not confined to his native land. He
has also won a reputation as a public man, and is at the present
time Sheriff" of the district of Montreal.

Lewis Thomas Drummond, Mr. Aylwin's successor in the repre-
sentation of Portneuf, is of Irish birth, but has lived in Canada
from boyhood. After receiving his education at Nicolet College, he
studied law. In 1836 he was called to the bar, and subsequently
practised his profession with much success. He was a Liberal in
politics, and a few months before the general election of 1844 he
had been elected in that interest for the city of Montreal. When
the general election came on, he had no difficulty about securing his
election in Portneuf. He subsequently held office in several Admin-

390

The Last Forty Years.

istrations, and became one of the best known public men in Lower
Canada. Later, he was elevated to the Bench, and now occupies
the position of a retired Judge.

One name — beyond all comparison the most distinguished of the
six — still remains to be mentioned.

During the election campaign of 1844, a young man, a member
of the local bar, was brought forward by the Tories of Kingston as
their candidate for that constituency. He was of Scottish birth
and descent, having been born in Sutherlandshire in 1815. His
father, with his family, had emigrated from Scotland to Upper
Canada in 1820, and had settled in business at Kingston, where the
boy received his education at the Royal Grammar School. Having
chosen the law for a profession, he began his studies at fifteen, and
was called to the bar of Upper Canada at twenty-one. He settled
down to practise at Kingston, and had already won somewhat more
than a local reputation when he was first returned to Parliament.
He gained his election by a sweeping majority over his opponent,
Mr. Manahan. He has sat in the Canadian Parliament ever since,
and for at least a quarter of a century he has been one of the most
conspicuous figures that ever had a place there. No public man
known to our history has ever been able to command so large and
enthusiastic a following, or has held the reins of power for so long
a time. No man in British America has so entirely made politics
his profession, or has been so loyally served by his adherents. No
one has so completely identified himself with the country, or with
the great party of which he has long been the universally-acknow-
ledged head. No public man has so many personal friends, or so
few personal enemies. Owing in part to the position which he has
occupied, a,nd in part to untoward circumstances, his conduct has
evoked sharper and more vitriolic criticism than has been applied
to that of any other Canadian statesman of his time ; and — it would
be affectation to mince the matter — the record of his career dis-

An Appeal to the Country.

391

closes acts for which no valid or honest defence can be made. But
it is not by isolated acts that a man's life should be judged, and in
spite of all drawbacks ; in spite of vehement and ceaseless assaults
from the Reform press ; in spite of deplorable personal infirmities ;
in spite of unforeseen quirks of diplomacy ; in spite of jealous
rivals and powerful opponents, the man known to the present gen-
eration of Canadians as Sir John Alexander Macdonald has steadily
won his way to high and honourable rank ; to far more than vice-
regal power ; and to a warm place in the hearts of a large element
in the national population. Few, if any, of those who assail him the
most bitterly have any personal dislike for him. On the contrary,
most of those who widely dissent from his political views admit the
magnetic influence of his personality, and the undoubted intellectual
power and earnestness which underlie the seeming ease and indiffer-
ence of his nature. It is a simple fact that his graceful geniality,
his never-failing tact, his tenacity of purpose and general adminis-
trative ability have borne him through crises which would have
swamped any other statesman who has ever taken part in Canadian
affairs. But to say, as has frequently been said, that such a man is
merely a cunning politician and a clever manipulator of party wires,
is to talk foolishly. The same thing has been said, and with equal
truth, about the late Lord Beaconsfield, with whom he has often been
compared. No mere wire-puller ever won and retained the vast
influence which has long been wielded by Sir John Macdonald. No
selfish or inherently dishonest man ever made and kept so many
thousands of warm personal friends, or found himself, after nearly
forty years spent in the public service, a poorer man than when he
entered it. It is proverbially difficult to write impartially and
dispassionately of a very prominent man during his lifetime, and
this is more especially time when, as in the present instance, wide
diversity of opinion is all but inevitable. That his zeal for his coun-
try's welfare is on the whole sincere, albeit at times displayed in

392

The Last Forty Years.

dubious ways, must be conceded by every man whose eyes are not
blinded by the prejudices of faction. We shall meet him often
enough in the future to be able to form something like an accurate
judgment of him, so far as his character has manifested itself in his
public acts.

It was his misfortune to enter political life under auspices un-
favourable to the speedy enlargement of his mind. He was returned
as a supporter of the Government policy — a narrow and restricted
policy which his maturer judgment most certainly would not have
approved. That he was not enthusiastic in his support of old-
fashioned Toryism may be inferred from the fact that he did
not often intrude himself upon the attention f ' e Assembly during
the early sessions of his public career. He redeemed his promise
to his constituents, and upheld the ministerial policy by his votes,
but it may well be doubted if his heart was in the struggle. It
will hereafter be seen that he erelong outgrew the party-lines of his
youth. It may almost be said that he originated a party of his
own, for most assuredly Canadian Conservatism, as it exists to-day,
would have been of a totally different complexion but for the hand
of John Alexander Macdonald.

END OF VOL. I.

' I