^%. or\^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 :: ;^ llllitt it 1^ 2.0 1.8 1.4 1.6 V] <^ /} ^l 7 ^1.^^' -^^ ^. ^^^ <» >^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions Institut canadien de microreproductions historiques 1980 Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6td possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m6thode normale de filmage sont indiquds ci-dessous. n Coloured covers/ Couverture de couleur I 71 Coloured pages/ LZJ Pages de couleur D Covers damaged/ Couverture endommagde n Pages damaged/ Pages endommag6es D D Covers restored and/or laminated/ Couverture restaurde et/ou pelliculde Cover title missing/ Le titre de couverture manque Pages restored and/or laminated/ Pages restaurdes et/ou pelliculdes Pages discoloured, stained or foxed/ Pages ddcolor^es, tachetdes ou piqudes D D D Coloured maps/ Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur D D D Pages detached/ Pages d^tachdes Showthrough/ Transparence Quality of print varies/ Quality in^gale de I'impression D D n Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr^e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 filmdes. D Includes supplementary material/ Comprend du materiel supplementaire Only t>s''*]on available/ Seule Action disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., onl 6t6 film^es d nouveau de fagon d obtenir la meilleure image possible. D Additional comments:/ Commentaires suppl6mentaires; This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqud ci-dessous. IPX 14X 18X 22X \ \ \ I \ \ I \ \ \ rPi 26 30X 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: National Library of Canada L'exemplaire film^ fut reproduit grdce S la g6n6rosit6 de: Bibliothdque nationale du Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettetd de Texemplaire film6, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires originaux dont la couverture en papier est imprim^e sont film^s en commenpant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les auvres exemplaires originaux sont filmds en commengant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. The last recorddd frame on each microfiche shall contain the symbol — ^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — »> signifie "A SUIVRE", le symbole V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included 'n one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent itre filmds d des taux de reduction diff^rents. Lorsque le document est trop grand pour etre reproduit en un seul cliche, il est filmd d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 THE HON. (AFTERWARDS SIR) FRANCIS HINCKS. J 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 10 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 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 I .;-4^ Lord Durham. 13 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 r 14 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. 15 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 16 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. 17 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 c 18 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. 19 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. 20 The Last Forty Years. II 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. 21 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 22 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. 23 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. 24 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. 25 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 i 2G 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('harr 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. 27 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*oiuy 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 <" 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^ 84 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. mr \ 36 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. 37 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 38 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. 39 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. n^ jK! 40 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. 41 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. m I m I, _ I M I'M: 42 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. 43 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 44 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. 43 i 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- 46 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. 47 % 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 ill !i!r' I III i ill 48 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. I 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. i 60 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 61 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. 53 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. 55 .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 n 50 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 'A ?* 'F-^ ill i: O l|ii|!i|ipi i mw >¥'m WlM III! ii;IH 11' iI;.Im 'I ii;. .U THE HON. ROBERT BALDWIN. o i.i-.^-^^r^SrJIXtr ■i.-JiJJ'irai^ — -t«'«e -t%y ayr.; f r^wr-raac.v^ t^.".- ij;.:^.ai>».. .a» t,. . V;:>* •V' •■■<: ^.~::^' 2^VN ,r. ".V ■ <■ '' /' / ■.fy / , AM? «E/f i \ ■■:t' -' I d*^ 1. :^ r- fe 1 i-V -•^^Ir ■•;,^'' "'*$.; yll , (■■). ; / "■■■ tift't?^^" jt'ji'i'y'' ,Vv !<» -ft ; ill :-- I t ■-- I ) -' ;■ :i ■ -^ !;"';!•; I. r '.ml > , '. i-i:l 'v ^-~ ,..-Tfc^V 1 \ "■-^U^l < \\\ i //y / /-•■■ •I , "fe' ^f THE HON. (AFTERWARDS SIR) L. H. LAFONTAINE. I I If I • LORD METCALFE. I % '% M A CANADIAN SUNSET. i Locus in Quo. 57 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 68 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 i. Locus in Quo. 59 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 3,702,783 1861, 4,G78,U00 0,051,019 (1 •i ■ I \i Iff GO The Last Forty Years. m 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. Gl 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 11 V •': i: I III 1 I LI 11 ' 62 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 f Locus in Quo. 63 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. G5 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 66 The Last Forty Yco,rs. \-S'- ' ' 1 1 ml 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 I Loews in Quo. 67 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. T^ 11 fl \ 8 I l\ Mf ""HiS W^ 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. G9 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 f I i 70 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. 71 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 m il I i I i^' 72 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 , Z //J, 1.0 I.I 1.25 t 1^ IM 1.8 1.4 II11II.6 V] (^ / A ^? V 7 L

.' ,J* I . ] 't t' , 1 I ' ■A W%M SIR CHARLES BAGOT. ..\fc- ■%: %■ ■,.''•■^^T^, fV »>~»wSrvL- <. "'l^l- 4>''^^ : « •* Vl' V:.-' ■ -'^'^d?:.. ■r* nm i-i til ," «i i >. ^;'l it l( ! J 1*1 '' r !i^ i; ^ i ,;:r> t ■■-:>*i: fc«f -^ i*.,- ■■>> ?<.- iv p '■. L -■"--- -W -,J/^^ • • • '•N>-, ■£:k:2^ri>^- sii; ci( \i;LF..-' li. -.'>i ili « 1 n 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 1*;'^ m !'S1; Li 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 ■'IH m 11 'IP ■if i'lt 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. 1 ' III i I -u ;!;[■ i'» Pi if: iiiit! li I ! 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 MM 'I J"l, r-. ' Hi ! I I 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 j'i 1 lit m I m 'f, \^ hi I tit!!!; 1 ■.!': 11 i i : ■ 1 I ! iil 112 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 i,H i J: ■ 1 • "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. 1 -J il^i li'i ; 114 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 m 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. ■ %! i ''m 116 The Last Forty Years, H 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 -A mh m 1 '■1' ^!V 11 1,11), 118 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, "Jl^'i I k I i It • \i Hil^l >! ri 120 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. Ml; 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. 'm -l !U' ^^M Nb! it ' W] 1 . !t •». , m i 'il i^ Jit 122 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 t: '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. ;!:i';; i ^^r 1 i! tli >=' u Mt^ i 124 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 a '.mi '> I' '■: ill' 126 The Last Forty Years. "I 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 ;|j ■ilf( ii' m i\ ■'1, mm 1 i' *:' ' i M iLlri^' :iv '-fi? Ijf.r I ■ \\\ fir 128 jfViC Lii'it Forty Years. If' nri f" I 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. !i m'v\ m, UV'n :;li:; mm 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 i 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. mo 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 M I Ihi m i . 13G 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- f- 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 , 10 i it" i I "'i*', I ' 1 m m '.h\ I II 1, 111 ,1 - i .; (ii 1S8 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 I 1 K t e '1 \ 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 1 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.>! affairs i.t the end of the session. 1 M. 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. C! 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- i, 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. I-:' I ,i' I'. ! 'I ' III! Ifi 1 „L j 1 :■ ' ! || Iff ■ 1 ' lli:l 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 rnf ru ' ,( II i I i I u mi ii'P i'! -1 3 ; I li i h ' i 1.1 I*. '1 i im Hi it r-ii ' *| '■ )\ [\ I THE HON. OLIVER MOWAT. f .t : tf ■ f -, ■ i ' n ■ 'k ' . - t i iif '•i )' \\\\ f1 Exit Lord Sydenham. 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. 11 154 The Last Forty Years. lij'i 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 leresumed, 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 lii-i- Hi' 1 '' I'll > I (ft If 4 1:1 !'« li *■': It' I' N i;: !«■• 156 T/ie Last Forty Years. 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 W I 'Ijj ,■11 '!i . , ! ) f. a m '^ .!l i ii^ ''1, II; : 'I Jl ■!'; 158 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. 1G2 The Last Forty Years. li ^ •■ 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. I if I' :^1 m li I Chapter VIIT. THE CASE OF ALEXANDER McLE(JD. "On — wildly onward — sped the craft, As she swiftly neared the verge ; And the n 1 t 170 The Last Forty Years. i ,! 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. I;l 14; 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." i : 3 I'iM; ! 1 ' jiu ,1 P^' il : ^ i 172 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 )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. vi w-vm ;f;|-:.l-. 174 The Last Forty Years. 1 I J? 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 \^%-- "(iv 1 '■ ! imy li, . W'fK 1:!' P ut 1i I, n ■ liMl'. It Mi 1? \ M M m ii 176 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. 237. m r If fti Hi,. SB 178 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. 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' ' r I 'ui Tlte Last Forty Years. 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 1 tt i ' f: 1 \f m^ •■ i L ' :W- „.t: J ;kt h1^ m 190 The Last Forty Years. h:. ■:r ' t '' ' 1 i 1 ', 1 ■': ■:i- i . 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 ! I h; ,1 t 4 -4-li*^ il I: Imrw :? ' ' n i a . -1 If 1 I 11 192 The Last Forty Years. 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. .t, . ■* ; I 1 ' hi !!■■ u m :j. im " 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. ■• • * f , I ii*V l5.^*i li 200 TJie Last Forty Years. i /< 1 1* 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. . '^ w 1 : . Li !i II H \- 91 Bb ' ■ ' H ■ ' n! m M f ' L.. mm », 1 * ■ 1 1 'Hi V, . 4'' ,.f 1 ! 1 ♦■ t f ';: lii THE HON. SIR ALEXANDER T. GALT. KAKAHKKAH TALLS. ' ': i J 1 t ; ' .\ I ' ■*•'■■-■ . '71 > ■- ' - ;.. i « pi i ■ h .,1 THE HON. ADAM CROOKS. iH ;■ :,l^ ■ i'!;:; iji fll!i''''illl1illifiP'i iil'i il || ilPi' lll|!l!ll ■li! ,11 j;|||l'llifiJilliii" ' ,;!;!il!!! aiPmi*iiiii|!,^ 'ciL,,,, ,.r.i'- !; ,,JV.| ^ri^'vi^ii fl II 11" !'i,!! li,; pi'"' !|i"' '/ iV:i,li !| I' ' ■' !i;':»ii It. I. I, 'viii^ I I , '•!' m iiii', li , ,iii'i 'l:!Kl,:! I'lllli: •m^'t 1: IB® (\y:tm^}ir''m^m^^.. "^ - t i, ' < C5 W ^ < !■' . > < »■» ! , M a «3 ^ o I',!- 1 ,41' • •) ^^ I •r 2' 18' The Ashhurton Treaty. 201 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 m " J!V ,i '; !■; . .* ' \ ; ;.; Vi^ ! . tl- II ■ it ■ 1 m ■ i ! * "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 1 202 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. 1^1 li I (■ * > 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 Ai ,1'J t I Si h 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." ' I-' ri ,'":;. ■'|r 1-1 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. I '■ r- mf^**^^' 210 The Last Forty Years. '%\ \\\k mi li 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' 'i 15 1 I ii i ' 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 irratieq. 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 ■ > :* 4 ' ■ |i } m i-if ! '.. ii. i . ,t i^HI; „ - . -- ]S w r 11 if ti ;'! I \. 11 224 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 confias 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 ■' i-" I 1 '■ I ■ !• '! M , ■ Sl in il :<.J 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. ^HBK ^^HP i.. m HB^^'''i H'^i Wk i li^^B ^^^■k^ '. ,*» ^^^^^^^^H' 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 *.4nt'rman(;rit institutions, art! blessinufs f )r whicli ( 'auada lias reason ti) be ''ratfrul, aiilea8ant land of clroway-head it was."' The Independent and the Conservative members were at no loss to ft 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 i ' f! 242 The Lad Forty Years, IS 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. 'i 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. IMAGE EVALUATION TEST TARGET (MT-3) I n '- iiM III 2-5 I.U I" ™" i^ I.I 1.25 Its HM v 1^ 1^ M 2.2 2.0 1.8 1-4 IIIIII.6 V] ^ /a e. r V o A z!^ '^i / £?x ^^ ^ I 1^ I I' -I 3 !' ii \t{ >s .); m 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 '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 m :, I 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. m 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. El |i 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 t ! 1 '^-' ' '^: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 I 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 '-^t i,~^ iBt 1 1 wBE^H 282 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. ''■:1" 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 • ., i'i li M^^'-i'll I ;V -It '-'■-■ Ai it 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 ; } I 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, i! I f i '.i ill- I ill Hi y.ll Hi I' y^ 1 J i ■X 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. WP1 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. _. 1 • i ■ 1 ; 1 i m m v#^ 11! 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 Hi 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 uw 292 Tke Last Forty Years. lit ii!f. «'• l\ 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,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 ' W,^mwummimfn^ t V ■ i 5;' m U ,^1): fl*- ■;• i'^ iJi .: y THE HON. SHI JOHN A. MACDONALD, K.C.ii., D.C.i.. (From a recent riioUigrapk by Tophij, of Ottawa.) i t-. n h t''-» SCENE IN MUSKOKA. lA?: lA fl mr^ w THE HON. IX 1. MACFHERSON. t •J>[ o H O o Em O «2 » *1 fci ^ il irt Pt. i!f 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 :j :. 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 ' '*: ■-.■^nt Tlie Last Forty Years. Mm iijm ni,'-' 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. ^m w 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. HI V ;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 -Ir On the Edge of the Storm. 307 f^ 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. ■ i ill . .k:iil ,■■,.; t. 'I mm Ii'i. i ;.i III mm 4 ,■ 'r •mi ^^ ( ': M S08 I III rl 1 'fii The Last Forty Years. =? i t 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. '**" >? Tf 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 J 310 The Last Fuvty Yearn. w 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. 11: i * i I I ^ t .: m r- I !« ■■ 1 ,■■: ■ ■ ;< ■1? fi ir.'. r i\ i I 1 312 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 if 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 itfi , I < 4 1 t I 1 314 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 i ' iMi mm. dm If.. " " 3t 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.- 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 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. m m ■', :S li.' ■( \l h S'' >. Id^i.^ - ^• [si 1 w ■ ?^; If ^.| 1 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 M ill -I 328 The Last Forty Years. i Hi "mi M; '!)• m if ^ 'I 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. ^%' I. [y 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 fr\ 330 The Last Forty Years. IT ii ^... u m i I'f' ' I" r. 1 h I .1 .* 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 1 1 ..I fif K ij. ¥ i m 8^ I. 1^ < • I 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 H 11 lif ' ! I '* u It III }!r ' 334 T/ 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 rl I 11 M S40 The Last Forty Years. 'S u- 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 ti.r r(i 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. r^aiuu f^J^' h '¥■• f>'t ;5* ^1, i . ' ■^. THE HON. LUTHER HAMILTON HOLTON. T m THE HON. JOHN YOUNG. I* 1;^ mm 5l. . t ,\':;. j I" i?f| I' "1 WILLIAM LYON MACKENZIE. mgsssssgssgs 'i THE HON. LUCIUS SETH HUNTINGTON. I' '1 U (4 , < f -V iW' 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- 23 1 ' ' .IT i li 346 The Last Forty Years, U' 1 n I' Wi II !.i I I" 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- jlll Ml 348 The Last Forty Years. y m i; 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 ^i'f ii 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 I ' I ;[:. ««! '['■ U' I ' '-i 'I 3o0 The Last Forty Years. w 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. 1 ::i Chapter XVII. CHAOS. It i'f ^ ^ tY" i fefi m\ r i^ " 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. f 354 The Last Forty Years. mi I -I Ii;.: I ■■'a .J '?-i 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. if?? I) ! hi i;i i I. J', 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 I ! 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. 358 The Last Forty Years. ^1 1 Hi I: III hi, . i ''I' ■ L' *'> IV.- 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 II I 360 The Last Forty Years. Bif! ill If If'! ij ill m i»-'.,'' m m I' II 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. m Chaos. 861 i "t 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. 24 i* i ! t'^ 362 The Last Forty Years. S! I if ', J m' W'i 5 »'-■■« J! f ■ ■ ■* % 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. 1:. 364 The Last Forty Years. 'it, ! Eli II hi M N^ is;, I H ife- I, 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 366 The Last Forty Years. P w if V mi m m f. fir w 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. Vi 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. II 368 The Last Forty Years. I li I iSu " i 3 r J ( 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. l*« i 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. 370 The Last Forty Years. III I m; ¥ ho - 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 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. i 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. 26 378 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