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Canada under British Rule 1760-1900

Chapter 6 THE EVOLUTION OF RESPONSIBLE GOVERNMENT (1815-1839)

Word Count: 13655    |    Released on: 01/12/2017

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esire of men, entrusted at the outset with a very moderate degree of political responsibility, to win for themselves a larger measure of political liberty in the management of their own local affairs. Grave mistakes were often made by the advocates of reform in the government of the several p

he military exchequer. As the expenses of the provincial administration increased the royal revenues became inadequate, while the provincial revenues gradually showed a considerable surplus over the expenditure voted by the legislature. In 1813 the cost of the war made it impossible for the government to use the military funds, and it resorted to the provincial moneys for the expenses of justice and civil government. In this way, by 1817, the government had incurred a debt of a hundred and twenty thousand pounds to the province without the direct authority of the legislature. The assembly of Lower Canada was not disposed to raise troublesome issues during the war, or in any way to embarrass the action of Sir George Prevost, who, whatever may have been his incompetency as a military chief, succeeded by his conciliatory and persuasive methods in winning the good opinions of the French Canadian majority and making himself an exceptionally popular civil governor. After closing the accounts of the war, the government felt it expedient to stop such irregular proceedings, to obtain from the legislature a general appropriation act, covering the amount of expenditures in the past, and to prevent the necessity of such a questionable application of provincial funds in

rejected a supply bill because it contained provisions asserting the assembly's right to control the crown revenues and to vote the estimates, item by item, from the governor's salary down to that of the humblest official. Every part of the official and legislative machinery became clogged by the obstinacy of governor, councils, and assembly. To such an extent, indeed, did the assembly's assumption of power carry it in 1836, that the majority actually asserted its own right to amend the con

onal spite or political malice, would probably have been exhibited towards all officials had the majority in the assembly been given the right of voting each salary separately. The assembly never once showed a disposition to meet the wishes of the government even half-way. Whatever may have been the vacillation or blundering of officials in Downing Street, it must be admitted that the imperial government showed a conciliatory spirit throughout the whole financial controversy. Step by step it yielded to all the demands of the assembly on this point. In 1831, when Lord Grey was premier, the British parliament passed an act, making it lawful for the legislatures of Upper and Lower Canada to appropriate the duties raised by imperial statutes for the purpose of defraying the charges of the administration of justice and the support of civil government. The government consequently retained only the relatively small sum arising from casual and territorial dues. When Lord Aylmer, the governor-general, communicated this important concession to the legislature, he also sent a message setting forth the fact that it was the settled policy of the crown on no future occasion to nominate a ju

ll control over the public funds, simply on condition that they should follow the English system of voting the salaries of the judiciary and civil list, showed that the majority were earned away by a purely factious spirit. During the progress of these controversies, Mr. Louis Joseph Papineau, a brilliant but an unsafe leader, had become the recognised chief of the French Canadian majority, who for years elected him speaker of the assembly. In the absence of responsible government, there was witnessed in those times the extraordinary spectacle-only now-a-days seen in the American congress-of the speaker, who should be above all political antagonisms, acting as the leader of an arrogant majority, and urging them to continue in their hostility to the government. It was Mr. Papin

affairs of the province. The British party dwindled away in every appeal to the people, and no French Canadian representative who presumed to differ from Mr. Papineau was ever again returned to the assembly. Mr. Papineau became not only a political despot but an "irreconcilable," whose vanity led him to believe that he would soon become supreme in French Canada, and the founder of La Nation Canadienne in the valley of the St. Lawrence. The ninety-two resolutions passed in 1

isrepresenting in England the true condition of affairs in the province. The resolutions are noteworthy for their verbosity and entire absence of moderate and wise suggestion. They were obviously written under the inspiration of Mr. Papineau with the object of irritating the British government, and preventing the settlement of political difficulties. They even eulogised the institutions of the neighbouring states which "commanded the affection of the people in a larger measure than those of any other country," and should be regarded "as models of government for Canada." They even went so far as "to remind parliament of the co

ion in Lower Canada. Lord Aberdeen, then Colonial Secretary of State, emphatically stated that it was the intention of the government "to review a

t the outset of the crisis which culminated during his administration. The majority in the assembly were determined not to abate one iota of their pretensions, which now included the control of the casual and territorial revenues; and no provision whatever was made for four years for the payment of the public service. The commissioners repor

n a measure had been introduced in parliament for the reunion of the two Canadas-the precursor of the measure of 1840. This measure originally provided that two members of the executive council should sit and speak in the assembly but not vote. Those parts of the bill of 1822 which provided for a union were not pressed on account of the objections raised in both the provinces, but certain other provisions became law under the title of "The Canadian Trade Acts," relieving Upper Canada from the capricious action of Lower Canada with respect to the duties from which the former obtained the principal part of her fund for carrying on her government. This share had been originally fixed at one-fifth of the proceeds of the customs duties collected by the province of Lower Canada, but when the population of the western section increased considerably and consumed a far g

the Richelieu district. Dr. Wolfred Nelson made a brave stand at St. Denis, and repulsed Colonel Gore's small detachment of regulars. Papineau was present for a while at the scene of conflict, but he took no part in it and lost no time in making a hurried flight to the United States-an ignominious close to a successful career of rhetorical flashes which had kindled a conflagration that he took very good care should not even scorch him. Colonel Wetherall defeated another band of rebels at St. Charles, and their commander, Mr. Thomas Storrow Brown, a well-meaning but gullible man, fled across the border. Dr. Wolfred Nelson was captured, and a number of other rebels of less importance were equally unfortunate. Some of the refugees made a public demonstration from Vermont, but precipitately fled before a small force which met them. At St. Eustache, one Girod, a plausible, mendacious Swiss or Alsatian, who had become a leader in the rebellious movement, and Dr. Chenier, a rash but courageous man, collected a considerable body of rebels, chiefly from St. Benoit, despite the remonstrances of Mr. Paquin, the curé of the village, and defended the stone church and

arles. An equally unhappy incident was the cold-blooded execution, after a mock trial, of one Chartrand, a harmless non-combatant who was accused, without a tittle of evidence, of being a spy. The temper of the country can be gauged by the fact that when it was attempted, some time later, to convict the murde

men found, even in parliament, ready to misrepresent the facts and glory in a rebellion the causes of which they did not understand. The animating motive with these persons was then-and there were similar examples during the American revolution-to assail the government of the day and make political capital against them, but, it must be admitted, in all fairness to the reform ministry of that day an

ture of his too short career in Canada. A comprehensive amnesty was proclaimed to all those engaged in the rebellion with the exception of Dr. Wolfred Nelson, R.S.M. Bouchette, Bonaventure Viger, Dr. Masson, and four others of less importance, who were ordered by an ordinance to be transported to Bermuda during the queen's pleasure. These persons, as well as sixteen others, including Papineau, who had fled from justice, were declared to be subject to death should they venture to enter the province. Not a single rebel suffered death on the scaffold during Lord Durham's administration. Unfortunately the ordinance, transporting a number of persons without trial to an island where the governor-general had no jurisdiction, gave an opportunity to Lord Brougham, who hated the high commissioner, to attack him in the house of lords. Lord Melbourne, then premier, was forced to repeal the ordinance and to consent to the passage of a bill indemnifying all those who had acted under its provisions Lord Glenelg, colonial secretary, endeavoured to diminish the force of this parliamentary censure by writing to the high commissioner that "her majesty's government repeat their approbation of the spirit in which these measures were conceived and state their convict

and New York, organised this second insurrection, which had the support of a considerable number of habitants, though only a few actually took up arms. The rising, which began at Caughnawaga, was put down at Beauharnois, within a week from the day on which it commenced. The authorities now felt that the time had passed for such leniency as had been shown by Lord Durham; and Sir John Colborne accordingly establ

attack and plunder the Loyalists in the Eastern Townships; but the government of the United States intervened and instructed its officers to take decisive measures for the repress

to an intelligent comprehension of the political conditions of the Canadas. But before I proceed to explain the details of measures fraught with such important consequences, I must gi

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il list and the judiciary, on condition of the government's giving up to the legislature all the revenues previously at its own disposition. Three years later the legislature also passed an act to provide

e of grievances reported in 1835 in favour of an elected body as well as a responsible council, although it did not very clearly outline the methods of working out the system in a colony where the head of the executive was an imperial officer acting under royal instructio

council, and even the assembly where for years there sat several members holding offices of emolument under the crown. It practically controlled the banks and monetary circles. The Church of England was bound up in its interests. The judiciary was more or less under its influence while judges were appointed during pleasure and held seats in the councils. This governing class was largely composed of the descendants of the Loyalists of 1784, who had taken so important a part in the war with the United States and always asserted their claims to special consideration in the distribution of government favour. The old settlers-all those who had come into the country before

and social inferiority. History repeated itself in Upper Canada. As the Puritans of New England feared the establishment of an Anglican episcopacy, and used it to stimulate a feeling against the parent state during the beginnings of the revolution, so in Upper Canada the dissenting religious bodies made political capital out of the favouritism shown to the Church of England in the distribution of the public lands and public patronage. The Roman Catholics and members of all Protestant sects eventually demanded the secularisation of the reserves for educational or other public purposes, or the application of the funds to the use of all religious creeds. The feeling against that church culminated in 1836, when Sir John Colborne, then lieutenant-governor, established forty-four rectories in accordance with a suggestion made by Lord Goderich some years previously. While the legality of Sir John Colborne's course was undoubted, it was calculated to create much indignant feeling among the dissenting bodies, who saw in the establishment of these rectories an evidence of the intention of the British government to create a state church so far as practicable by law within the province. This act, so impolitic at a critical time of political discussion, was an illustration of the po

a most dangerous character when he followed up his circular by a pamphlet, attacking the methods by which public affairs generally were conducted, and contrasting them with the energetic and progressive system on the other side of the border. The indignation of the officials became a positive fever when he suggested the calling of public meetings to elect delegates to a provincial convention-a term which recalled the days of the American revolution, and was cleverly used by Gourlay's enemies to excite the ire and fear of the descendants of the Loyalists. Sir Peregrine Maitland succeeded in obtaining from the legislature an opinion against conventions as "repugnant to the constitution," and declaring the holding of such public meetings a misdemeanour, while admitting the constitutional right of the people to petition. These proceedings evoked a satirical reply from Gourlay, who was arrested for seditious libel, but the prosecutions failed. It was then decided to resort to the provisions of a practically obsolete statute passed in 1804, authorising the arrest of any person who had resided in the province for six months without taking the oath of allegiance, and was suspected to be a seditious character. Such a person could be ordered by the au

embly by the casting vote of the speaker, but was naturally justified in the legislative council where Chief Justice Powell presided. Gourlay became a martyr in the opinion of a large body of people, and a Reform party began to grow up in the country. The man himself disappeared for years from Canadian history, and did not return to the province until 1856, after a chequered and unhappy career in Great Britain and the United States. The assembly of the United Canadas in 1842 declared his arrest to be "unjust and illegal,"

and judicial in his demeanour. But whatever his opinions on the questions of the day he was too discreet a politician and too honest a judge ever to have descended to such a travesty of justice as had been shown by his predecessor in the case of

tuperation than well-reasoned argument, he made himself a force in the politics of the province. In the Colonial Advocate, which he established in 1824, he commenced a series of attacks on the government which naturally evoked the resentment of the official class, and culminated in the destruction of his printing office in 1826 by a number of young men, relatives of the principal officials-one of them actually the private secretary of the lieutenant-governor, Sir Peregrine Maitland. Mr. Mackenzie obtained large damages in the courts, and was consequently able to continue the publication of his paper at a time when he was financially embarrassed. The sympathy felt for Mr. Mackenzie brought him into the assembly as member for York during the session of 1829. So obnoxious did he become to th

f a small and despicable faction in the colony." The official class availed themselves of this egregious blunder to excite the indignation of the Loyalist population against Mr. Mackenzie and other Reformers, many of whom, like the Baldwins and Perrys, disavowed all sympathy with such language. Mr. Mackenzie's motive was really to insult Mr. Ryerson, with whom he had quarrelled. Mr. Ryerson in the Christian Guardian, organ of the Methodists, had attacked Mr. Hume as a person unfit to present petitions from the Liberals of Canada, since he had opposed the measure for the emancipation of slaves in the West Indies, and had consequently alienated the confid

t of civil governors, a diminution of the patronage exercised by the crown, the independence of the legislature, and other reforms declared to be in the interest of good government. The report was temperat

great object of Papineau and his friends. Mr. Bidwell, then speaker of the assembly, recognised the importance of this despatch, and forwarded it immediately to Mr. Papineau, at that time speaker of the Lower Canadian house, with whom he and other Reformers had correspondence from time to time. Lord Gosford was consequently forced to lay his own instructions in full before the legislature and to show the majority that the British government was opposed to such vital changes in the provincial constitution as they persistently demanded. The action of the Lower Canadian house on this matter was communicated to the assembly of Upper Canada by a letter of Mr. Papineau to Mr. Bidwell, who laid it before his house just before the prorogation in 1835. In this communication the policy of the imperial government was described as "the naked deformity of the colonial system," and the royal commissioners were styled "deceitful agents," while the methods of government in the neighbouring states were again eulogised as in the ninety-two resolutions of 1834. Sir Francis Bond Head seized the oppor

ct," said Lord Durham in his report of 1839, "in putting the issue in such a light before the province, that a great portion of the people really imagined that they were called upon to decide the question of separation by their votes." These strong appeals to the loyalty of a province founded by the Loyalists of 1784, combined with the influence exercised by the "family compact," who had all offices and lands at their disposal, defeated Mackenzie, Bidwell, Perry and other Reformers of less note, and brought into the legislature a solid phalanx of forty-two supporters of the government against eighteen elected by the opposition. It was a triumph dearly paid for in the end. The unfair tactics of the lieutenant-governor rankled in the minds of a large body of people, and hastened the outbreak of the insurrection of 1837. The British government seems for a time to have been deceived by this victory of the lieute

put in order. It was decided that Dr. Rolph should be the executive chief of the provisional government, and Mackenzie in the meantime had charge of all the details of the movement. Mr. Bidwell appears to have steadily kept aloof from the disloyal party, but Dr. Rolph was secretly in communication with Mackenzie, Lount, Matthews, Lloyd, Morrison, Duncombe, and other actors in the rebellion. The plan was to march on Toronto, where it was notorious that no precautions for defence were being taken, to seize the lieutenant-governor, to proclaim a provisional government, and to declare the independence of the province unless Sir Francis

able men and assemble at Montgomery's tavern, only four miles from Toronto by way of Yonge Street, the road connecting Toronto with Lake Simcoe. The subsequent news of the dispersion of the rebels at St. Charles was very discouraging to Mackenzie and Lount, but they felt that matters had proceeded too far for them to stop at that juncture. They still hoped to surprise Toronto and occupy it without much difficulty. A Colonel Moodie, who had taken part in the war of 1812-15, had heard of the march of the insurgents from Lake Simcoe, and was riding rapidly to Toronto to warn the lieutenant-governor, when he was suddenly shot down and died immediately. Sir Francis was unconscious of danger when he was aroused late at night by Ald

ce Mr. Bidwell had received, offered him a judgeship, but he never could be induced to return to Canada Mackenzie had definite grievances against Sir Francis and his party; and a British people, always ready to sympathise with men who resent injustice and assert principles of popular government, might have soon condoned the serious mistake he had made in exciting a rash revolt against his sovereign. But his apologists can find no extenuating circumstances for his mad conduct in stirring up bands of ruffians at Buffalo and other places on the frontier to invade the province. The base of operations for these raids was Navy Island, just above the Niagara Falls in British territory. A small steamer, "The Caroline," was purchased from some Americans, and used to bring munitions of war to the island. Colonel MacNab was sent to the frontier, and successfully organised an expedition of boats under the charge of Captain Drew-afterwards an Admiral-to seize the steamer at Fort Schlosser, an insignificant place on the American side. The capture was successfully accomplished and the steamer set on fire and sent down the river, where she soon sank before reaching the cataract. Only one man was killed-one Durfee, a citizen of the United States. This audacious act of the Canadians was deeply resented in the republic as a violation of its territorial rights, and was a subject of internati

these filibusters are forgotten, but those of Lount and Matthews, who perished on the scaffold, have been inscribed on some Canadian hearts as patriots. Sir George Arthur, who succeeded Sir Francis Head, was a soldier, who had had experience as a governor among the convicts of Van Diemen's Land, and the negro population of Honduras, where he had crushed a revolt of slaves. Powerful appeals were made to him on behalf of Lount and Matthews, but not even the tears and prayers of Lount's distracted wife could reach his heart. Such clemency as was shown by Lord Durham would have been a bright incident in Sir George Arthur's career in Canada, but he looked only to the approval of

economic conditions of

opposite Detroit and on the Ottawa River, there was an entirely British population of at least 400,000 souls. The population of Lower Canada was estimated at 600,000, of whom hardly one-quarter were of British origin, living chiefly in Montreal, the Townships, and Quebec. Nova Scotia had nearly 200,000 inhabitants, of whom probably 16,000 were French Acadians, resident in Cape Breton and in Western Nova Scotia. In New Brunswick there were at least 150,000 people, of whom some 15,000 were descendants of the original inhabitants of Acadie. The Island of Prince Edward had 30,000 people, of whom the French Acadians made up nearly one-sixth. The total trade of the country amounted, in round figures, to about £5,000,000 sterling

e chateau-as she calls it, perhaps sarcastically-was a "long wooden building, chiefly of rough logs, with a covered porch running along the south side." Such homes as Colonel Talbot's were common enough in the country. Some of the higher class of immigrants, however, made efforts to surround themselves with some of the luxuries of the old world. Mrs. Jameson tells us of an old Admiral, who had settled in the London district-now the most prosperous agricultural part of Ontario-and had the best of society in his neighbourhood; "several gentlemen of family, superior education, and large capital (among them the brother of

l 1834, and in 1838 this comfort for the pedestrian was still exceptional. Kingston, the ancient Cataraqui, was even a better built town than Toronto, and had in 1838 a population of perhaps 4500 persons. Hamilton and London were beginning to be places of importance. Bytown, now Ottawa, had its beginnings in 1826, when Colonel By of the Royal Engineers, commenced the construction of the Rideau Canal on the chain of lakes and rivers between the Ottawa and the St. Lawrence at Kingston. The ambition of the people of Upper Canada was always to obtain a continuous and secure system of water navigation from the lakes to Montreal. The Welland Canal between Lakes Erie and Ontario was commenced

e, had crossed the frontier into the United States, where greater inducements were held out to capital and population. As Mrs. Jameson floated in a canoe, in the middle of the Detroit River, she saw on the one side

West and the United States. Quebec and Montreal had each about 35,000 inhabitants. Travellers admitted that Montreal, on account of the solidity of its buildings, generally of stone, compared most favourably with many of the finest and oldest towns in the United States. The Parish Church of Notre Dame was the largest ecclesiastical edifice in America, and notable for its simple grandeur. With its ancient walls girdling the heights first seen by Jacques Cartier, with its numerous churches and convents, illustrating the power and wealth of the Romish religion, with its rugged, erratic streets creeping through hewn rock, with

Durham was in course of construction over its ruins. It now gives one of the most picturesque views in the world on a summer evening as the descending sun lights up the dark green of the wes

nuous village, with tinned spires rising every few miles amid poplars, maples and elms. While the homes of the seigniors and of a few professional men were more commodious and comfortable than in the days of French rule, while the churches and presbyteries

o. As political strife increased in bitterness, the differences between the races became accentuated. Papineau alienated all the British by his determination to found a "Nation Canadienne" in which the British would occupy a very inferior place. "French and British," said Lord Durham, "combined for no public objects or improvements, and could not harmonise even in associations of charity." The French Canadians looked with jealousy and dislike on the i

ng and ship-sailing communities of the world until iron steamers gradually drove wooden vessels from the carrying trade. The cod, mackerel, and herring fisheries-chiefly the first-were the staple industry of Nova Scotia, and kept up a large trade with the British West Indies, whence sugar, molasses and rum were imported. Prince Edward Island was chiefly an agricultural community, whose development was greatly retarded by the wholesale grant of lands in 1767 to absentee proprietors. Halifax and St. John had each a population of twenty thousand. The houses were mostly of wood, the only buildings of importance being the government house, finished in 1805, and the provi

write. The children of the habitants repeated the Catechism by rote, and yet could not read as a rule. In Upper Canada things were no better. Dr. Thomas Rolph tells us that, so late as 1833, Americans or other anti-Bri

some money. In Nova Scotia King's College-the oldest university in Canada-had its beginning as an academy as early as 1788, and educated many eminent men during its palmy days. Pictou Academy was established by the Reverend Dr. McCulloch as a remonstrance against the sectarianism of King's; and the political history of the province was long disturbed by the struggle of its promoters against the narrowness of the Anglicans, who dominated the legislative council, and frequently rejected the grant made by the assembly. Dalhousie College was founded in 1820 by Lord Dalhousie, then governor of Nova Scotia, to afford that higher educati

ed in the war of 1812 and in the Spanish peninsula, wrote in 1833 "Wacousta or the Prophecy," a spirited romance of Indian life. In Nova Scotia the "Sayings and Doings of Sam Slick, of Slickville"-truly a remarkable original creation in humorous

e. In those days English papers did not circulate to any extent in a country where postage was exorbitant. People could hardly afford to pay postage rates on letters. The poor settler was often unable to pay the three or four shillings or even more, imposed on letters from their old homes across the sea; and it was not unusual to find in country post-offices a large

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