The Last Forty Years: The Union of 1841 to Confederation 9780773595347

Table of contents :
Cover
Title
Copyright
Table of Contents
Introduction to the Carleton Library Edition
1. Lord Durham
2. The Union Act
3. The First Ministry
4. The Assembly of Notables
5. The First Test of the Union Act
6. Exit Lord Sydenham
7. Sir Charles Bagot
8. Reconstruction
9. The Shadow of Downing Street
10. Sir Charles Metcalfe
11. What is to Become o f the Governor-General?
12. On the Edge of the Storm
13. Responsible Government
14. Chaos
15. An Appeal to the Country
16. Baron Metcalfe of Fern Hill
17. Earl Cathcart
18. Irresponsible Government
19. Lord Elgin
20. Lafontaine-Baldwin
21. Gathering Clouds
22. Rebellion Losses
23. The Bursting of the Storm
24. Aftermath
25. Clergy Reserves
26. The First Step Towards Secularization
27. The End of the Great Ministry
28. Hincks-Morin
29. Currents and Counter-Currents
30. The Liberal-Conservative Alliance
31. Sir Edmund Head
32. L’Annee Terrible
33. The Short Administration
34. The Eve of Confederation
35. The Birth of the Dominion
36. Conclusion
Notes
Suggestions For Further Reading
Index
Note on the Author
Note on the Editor

Citation preview

T H E LAST F O R T Y YEARS

J. C. DENT

THE'LAST FORTY YEARS The Union o f 1841 to Confederation A bridged and with an Introduction by DONALD SWAINSON

The Carleton Library No. 62 M cClelland and Stewart Limited.

M c C le lla n d a n d S te w a r t L im ited . l l)72

Al l

R I G H T S R E S E R S El )

Ft

The C anadian Publishers M cC lelland a n d Stew art L im ited 25 H ollinger R o a d , T o ro n to 374. P rin te d a n d h o u n d in C an a d a by T. H . B est P rinting C o m p a n y L im ite d ( The L a st F orty Years: C anada S in c e th e Union o f 1X41 w as first published in 1881 by G eorge V irtue, T o ro n to ).

T H E C A R L E T O N LIBRARY A series o f C a n a d ia n rep rin ts a n d new collections o f so u rce m aterial relating to C a n a d a , issued u n d e r the editorial su p e r­ vision o f th e Institute o f C an ad ian Studies o f C arleto n U niversity. O ttaw a. DIRECTOR O F Till

INSTITUTE

Pauline Jewett GENERAL EDITOR

D . M . L. F a rr EXECUTIVE EDITOR

Jam es M arsh EDITORIAL BOARD

D u n c an M . A n d erso n (G eography) B. C a rm a n B ickerton (H isto ry ) Bruce A. M c F a rla n e (S o c io lo g y) T h o m a s K. R ym es (E co n o m ics) Derek G . Sm ith (A n th ro p o lo g y ) M ichael S. W hittin g to n (P o litic a l Science)

Contents

In tro d u ctio n to the C a rle to n L ibrary E dition, 1. L ord D u rh a m ,

1

2. T h e U n io n A ct,

12

3. T he First M inistry,

24

4. T he A ssem bly o f N o tab les,

36

5. T he F irst T est o f th e U n io n A ct. 6. Exit L ord S ydenham , 7. Sir C harles B agot, 8. R e co n stru c tio n ,

44

61

73

79

9. T he S h ad o w o f D ow ning Street, 10. Sir C h arles M etcalfe,

95

99

11. W h at is to B ecom e o f the G o v e rn o r-G e n e ra l? 12. O n th e Edge o f th e S torm , 13. R esponsible G o v e rn m en t, 14. C h a o s,

1 18 124

136

15. A n A ppeal to the C o u n try ,

149

16. B aron M etcalfe o f Fern H ill, 17. Earl C a th c a rt,

18. Irresponsible G o v e rn m en t, 19. L ord Elgin,

169

174

20. L afo n tain e-B ald w in ,

182

21. G a th e rin g C lo u d s, 22. Rebellion Losses,

190 194

23. T he Bursting o f th e S to rm , 24. A fte rm a th ,

160

165

205

212

25. C lergy Reserves,

217

26. T he First Step T o w a rd s S ecularization, 27. T he E nd o f the G re a t M inistry, 226 28. H in c k s-M o rin ,

233

29. C u rre n ts and C o u n te r-C u rre n ts,

243

30. T he L iberal-C onservative A lliance, 31. Sir E d m u n d H e ad ,

252

246

223

32. L ’A nnee T errible,

262

33. T h e S h o rt A d m in istra tio n ,

265

34. T he Eve o f C o n fe d era tio n ,

274

35. T h e Birth o f th e D o m in io n , 36. C onclu sio n , N o te s,

283

293

296

Suggestions F o r F u rth e r R eading, Index,

300

N o te on th e A u th o r, 307 N o te o n th e E d ito r,

308

In tro d u c tio n to th e C a r le to n L ib ra ry Edition i T h e L a s t F orty Years: C anada S in c e th e U nion o f 18 4 1 (T o ro n to , 1881) is o n e o f th e m ost im p o rta n t C a n ad ian histories published in th e n ineteenth c en tu ry . It w as w ritten by Jo h n C h arles D ent, a m ajo r C a n a d ia n h istorian a n d a representative intellectual. His his­ torical w o rk m erits careful stu d y ; his sh o rt a n d eventful literary career deserves far m o re atte n tio n th an it has yet received. Jo h n C h arles D e n t, th e youngest so n o f Jo h n a n d C ath erin e M aw son D ent, w as b o m on N o v e m b er 8, 1841 at K en d al. W est­ m o relan d , E n g la n d .1 B ecause his fam ily em igrated to C a n a d a while he w as still a sm all child h e w as e d u cated in U p p e r C a n a d a . A fter c om pleting his form al training D ent studied law in the office o f the B ra n tfo rd politician E d m u n d B urke W o o d , w ho later served as the first T re a su re r o f th e Province o f O n ta rio a n d subsequently as the c h ie f ju stice o f M a n ito b a . D ent w as called to th e b a r o f U p p er C a n a d a in 1865 but h a d no desire to practise law . His prim ary interest w as jo u rn alism a n d he m oved to L o n d o n , E ngland to p u r­ sue th a t vocation. D e n t's stay in L o n d o n w as relatively sh o rt. H e o b tain e d a post on th e sta ff o f the D a ily T elegraph a n d sold “ articles on interesting to p ics” to such “ high-class periodicals"-' as O nce a W eek (edited by Jam es Rice. L o n d o n co rre sp o n d e n t o f th e T o ro n to G lobe) and C o sset's M a g a zin e. His L ondon a d v en tu re w as successful: he m a r­ ried Elsie M cIn to sh on O c to b er 17, 1866 a n d R. W . D ouglas c o m m en ted th a t “ A t this period he h a d a wife a n d family d e p e n d ­ ing on him for su p p o rt, a n d it sp eak s well for his abilities, th a t he w as able to am ply pro v id e for them o u t o f th e profits solely derived from his literary l a b o u r s .''1 F inancial necessity prevented any m ajo r literary acco m p lish m en t du rin g his L ondon sojourn because “ he had to devote him self to w ork th a t co u ld be th ro w n o ff readily, and w hich co u ld be as readily s o ld ." 1 D en t left E ngland in 1867 to ta k e an editorial post w ith the B oston G lobe. F o r at least three y ears he rem ained in B oston. Between 1870 a n d 1876 D e n t’s activities are difficult to trace. T he T o ro n to G lobe' claim ed th a t h e jo in e d its s ta ff in 1870, w hile the T o ro n to E vening T eleg ra m stated in his obitu ary th at he jo in e d the T elegram w hen it co m m en ced p u blication in 1876 a n d th at it was the first C a n ad ian n ew spaper w ith w hich D ent w as associated. A c ­ co rd in g to R. W . D ouglas, how ever. D ent “ practised [law] for a few years. H e found th e profession profitable e n ough but u n c o n ­ genial - as it co u ld not well help being in an o b sc u re C a n ad ian village, tw enty years a g o . . . D ouglas offers th e unlikely sugges-

VI

Till: LA ST I O K TY M AKS

lion th a t this experience o ccu rre d before his m ove to E ngland. He w as not ad m itte d to th e b a r until 1865 (a t th e age o f tw enty-four) a n d by 1867 h a d m oved to E ngland a n d from there to B oston. T his could "not have left tim e for the practise o f law “ for a few y e ars" a n d while h e co u ld in a m an n e r o f speaking have been engaged in practise before 1865 such w o rk co u ld h ardly have been " p ro fita ­ ble." If D o u g las' assertion th a t h e practised law for a tim e (an d w ith p rofit) is correct, he m ust have been so engaged du rin g the 1870s. A fter his return from th e U nited States in 1870 D ent p ro b a ­ bly c o m b in ed law with free-lance jo u rn a lism , at least for a tim e. In any event D ent a ssu m ed th e e d ito rsh ip o f th e T o ro n to E ve­ n in g T eleg ra m in 1876. A b o u t a y e ar later he resigned a n d co m ­ pleted his c are er in jo u rn alism with th e T o ro n to G lobe w here he becam e ed ito r o f th e W e e k ly G lobe. S hortly after G eorge B row n's d e ath in M ay 1880 he left th e G lobe to dev o te his full atte n tio n to literary w ork. D u rin g his eight rem aining years he occasionally c o n ­ trib u te d articles to jo u rn a ls a n d founded a n d edited th e short-lived literary m agazine, A returns. H is m ajor achievem ent du rin g these years how ever w as the com pletion a n d publication o f several vol­ um es o f history a n d b io g rap h y . T h e seriousness o f this w o rk was recognized in 1887 by his election as a fellow o f th e R oyal Society o f C anada. D ent died o f a heart a tta c k ' on S eptem ber 27, 1888. H e had lived a b rief forty-six years and ten m o n th s. A lthough he h a d suf­ fered from h e art disease for som e tim e, his death w as evidently unexpected. O n e o f his professional c o lla b o ra to rs seem s to have had no in tim atio n o f the tra g e d y .' T w o A nglican m inisters, A r­ th u r Baldw in a n d T . C . Street M acklem , c o n d u cted his funeral service a n d he w as buried in St. Ja m e s' C em etery, T o ro n to . John C harles D en t left five children and a widow-, w ho survived him until 1923.

II D ent w as highly p roductive during his last eight years. His first m ajo r w o rk , th e C anadian P ortrait G a llery . w as published in T o ­ ro n to in 1880-81. T his four volum e w ork to talled 959 pages. The P ortrait G a llery included 204 se p arate biographical sketches o f widely varying lengths, w hich a tte m p ted " to place before th e public an account o f th e lives o f th e leading personages w ho have figured in C a n a d ia n h istory, from th e period o f th e first discovery o f the co u n try dow n to the present tim es. . . C a n ad ian s from all w alks o f life w ere represented. D e n t w as "assisted by a sta ff o f c o n trib u ­ to rs " , but in fact w rote 185 o f th e sketches - o r 888 pages o f the

IN T R O D U C T IO N

VII

e ntire w o rk . H is c o lla b o ra to rs included C h arles L indsey, Rev. R o b ­ ert M u rra y , F ran cis H incks a n d G e o rg e S tew art. S om e representative sketches w ere o f Jo h n A . M a cd o n ald (by C h a rle s L in d s e y ), R o b e rt B a ld w in , W illiam L yon M a c k e n z ie . G eorge B row n, F rancis B ond H e ad , E dw ard Blake, Sam uel C u n a rd (by Rev. R o b ert M urray), L ouis L afontaine, L ouis Joseph P ap in eau . H ugh A llan, Joseph H ow e a n d A llan M a c N ab . These articles, alth o u g h tending to superficial a n d conven tio n al in te rp re ta ­ tions, show ed evidence o f extensive research c o m b in ed with a wide personal know ledge o f n ineteenth century C a n a d a . T h e strongest sketches are o f n ineteenth c en tu ry O n ta ria n s. A n e n o rm o u s effort w ent into The P ortrait G allery, but for D ent it w as w orthw hile. T h e biographical sketches often served d o u b le o r triple duty. Sever­ al o f them were first published in th e W e e k ly G lobe w hen he was e ditor, a n d in a variety o f form s they w ere often published again as p arts o f his n arrativ e histories. D en t had a pen ch an t for th e sh o rt, insightful c h a ra c te r sketch. Excellent ch aracterizatio n distinguished all o f his w ork. T h e P ortrait G allery w as a p p are n tly very p ro fita ­ ble. T h e T o ro n to M a il'" claim ed th a t th e fo u r volum es “ netted him u pw ards o f $ 7 ,0 0 0 ." T h e fo rm at o f T h e P ortrait G allery w as typical o f D e n t's later b o o k s. T h e volum es are h andsom ely b o u n d a n d profusely illu stra t­ ed, in this case w ith generally inferior c o lo u re d lithographs. High q uality p a p er w as used and th e prin tin g w as excellent. D ent to o k g reat care with technical aspects o f th e volum es. T hey w ere indexed a n d carefully p ro o f-rea d . In 1884 D ent a n d Henry' S cadding published T o ro n to , P ast a n d P re se n t: H isto ric a l a n d D escriptive. A M e m o ria l V o lu m e fo r th e S e m i-C e n te n n ia l o f 1884. D e n t’s c h ap ters w ere well researched. In a d d itio n to the extensive coverage o f civic d evelopm ent (details o f elections, sketches o f m ayors a n d o th e r local politicians, local fi­ n a n c e s, im p o r ta n t m u n ic ip a l im p ro v e m e n ts , e d u c a tio n , fa m o u s buildings, etc.) c o m m o n to w o rk s o f this kind, D ent included a g reat deal o f statistical m aterial o f interest to stu d e n ts o f social history. H e tended to m ar his n a rra tiv e , how ever, by including n u m ero u s digressions on political p roblem s m o re g erm an e to the history o f U p p e r C a n a d a o r th e U nion. W hile a so u n d c o n trib u ­ tio n . this history o f T o ro n to w as nonetheless th e w eakest o f D e n t's serious histories. A lso in 1884 D ent edited for publication the " L e c ­ tures. Speeches a n d A d d resses" o f A lex an d er M o rris " . H e w rote an intro d u ctio n to th e collection, w hich w as entitled S o v a B rita n ­ niar; o r. O u r S e w C anadian D o m in io n F oreshadow ed. N ova B ri­ tannia appealed to th e patrio tic sentim ent o f m any C a n a d ia n s , and w as a p o p u la r b o o k . It is still a useful so u rce for th e study o f nineteenth century o pinion.

viii

T H E LAST FO RTY YEARS

F ro m Ja n u a ry to Ju n e , 1887, D ent edited (a n d o w n ed ) A re tu r u s .a C anadian J o u rn a l o f L ite ra tu re a n d L ife .'1 A retu rn s, stated D ent in the first issu e,1-' “ shall address itself to a w ide circle o f readers, a n d shall deal w ith questio n s o f general interest in a re a d a ­ ble a n d p o p u la r m a n n e r.” T h e vario u s issues included editorial notes, editorials, literary notes, b o o k reviews, p oetry a n d c o rre ­ spondence, but th e m ag azin e's "sp ec ia lty ” w as “ sh o rt tales and sketches.” 14 H e published n u m ero u s sh o rt stories including several o f his o w n . Politically th e jo u rn a l exuded a kind o f vague antipartyism , but D ent clearly regarded h im self as a lib e ral.1- A returns w as an excellent jo u rn a l. Its vario u s articles w ere well w ritten and often well inform ed. T h e S to r y o f th e U pper C anadian R eb e llio n , D e n t’s final n a r­ rative history, w as published in tw o volum es in 1885. It w as p u b ­ lished after T h e L a st F orty Y e a rs, but th e tw o w o rk s sh o u ld be read to g eth er. T hey co n stitu te a detailed political history o f U pper C a n a d a a n d th e U n io n from th e 1820s to th e 1860s.

Ill T h e first v olum e o f th e U pper C anadian R ebellion w as a pow erful in dictm ent o f th e Fam ily C o m p a c t. A series o f sp ectacu lar cases (th e p e rse c u tio n o f G o u r la y , th e s u s p e n s io n o f Ju d g e T h o m a s T h o rp e , th e dism issal o f Ju d g e J . W . W illis a n d th e d estruction o f W illiam L yon M ackenzie’s press are exam ples) involving, as D ent saw it, conflict betw een ruler a n d ruled, w ere reco u n ted . In each case D en t c o n clu d ed th at th e C o m p ac t leaders acted dictatorially an d a t th e expense o f th e freedom o f m en en titled to all th e rights inherent in British citizenship. D en t w as convinced th a t th e C o m ­ pact leaders w ere responsible for su bverting to their ow n iniquitous uses th e c o u rts, th e executive a n d o th e r agencies o f governm ent. C o m p a c t a rb itrarin e ss p ro v o k e d th e rebellion. A s D en t rem arked a b o u t th e rem oval o f Ju d g e W illis: " I t ten d e d greatly to em bitter public o p in io n , a n d w as unqu estio n ab ly a stro n g factor in p ro d u c ­ ing th e discontent which ultim ately found expression in op en rebel­ lio n .” 16 D ent also detested m ilitary go v ern o rs, regarding as a griev­ ance “ th e q u a rte rin g o f m ilitary m en upon th e colony in th e capaci­ ty o f L ie u te n a n t-G o v e rn o rs.” 17 T h e second v olum e w as a fascinating a n d detailed history o f the rising a n d its a fte rm a th . T h e a u th o r a tte m p te d to solve a n u m b e r o f c ontroversial p roblem s con n ected w ith th e rebellion. H e did an e n o rm o u s a m o u n t o f research in d o c u m e n ts a n d new spapers and o b ta in e d m u ch useful m a te ria l fro m s u rv iv o rs o f th e reb ellio n period.

IN T R O D U C T IO N

ix

It is clear th a t D en t w as galled by th e pre-1837 situ atio n , p ro b a ­ bly because th e solu tio n to U p p e r C a n ad ian ills w as as o b v io u s as it w as p o p u la r : “ O n o n e c a rd in a l p o i n t . . . all [R e fo rm e rs ] w ere agreed: it w as in the highest degree desirable th a t th e C a n ad ian c o n ­ stitution should be m o re closely assim ilated to th a t o f th e m otherco u n try , a n d th a t the Executive C ouncil should be m ade responsible to the p o p u la r branch o f the L egislature.’’ 1' D ent assum ed th a t this w as the m ajority view. As early as th e 1820s “ th e a d h ere n ts o f R e­ form principles c o n stitu ted a m ajo rity o f th e in h a b ita n ts o f th e Prov­ in c e ." 1'' Like m an y nineteenth c en tu ry c o m m e n ta to rs. D en t m isun­ d e rs to o d se v e ra l a sp e c ts o f re sp o n sib le g o v e rn m e n t a n d lack ed know ledge o f British constitu tio n al history. H e u n d e rsto o d th e rela­ tio n sh ip betw een the c ab in et and th e legislature on the o n e h a n d and the c ab in et and the crow n on the o th e r th at existed under the regim e o f responsible g o v e rn m e n t, but he assum ed to o early a n origin for th a t set o f com plex relationships. D ent failed to g ra sp the re la tio n ­ ship betw een British p a rliam e n ta ry reform in 1832 a n d responsible g o v e rn m e n t. A s Sir W illiam H oldsw orth observed: “ T he [R eform ] A ct [o f 1832], by abolishing the ro tten b o ro u g h s, put an end to th at link o f influence w hich had been th e principal m ethod in the eigh­ teenth c en tu ry o f securing h a rm o n y betw een th e Executive a n d the L e g isla tu re , a n d b e tw ee n th e H o u s e o f L o rd s a n d th e H o u se o f C o m m o n s . T h e re su lt w as th a t th e c a b in e t b e c a m e th e o n ly link w hich secured h a rm o n y betw een th e E xecutive a n d the Legislature. T he m o d ern history o f the cabinet begins with the R eform A c t.” -’" D ent never seem s to have considered the ad m inistrative im plications o f responsible g o v e rn m e n t. H e assum ed th a t as early as the 1820s R eform ers were united on the issue, th a t th e policy w as su p p o rte d by th e m ajority o f U p p e r C a n ad ian s a n d th at responsible governm ent co u ld easily be in tro d u c ed into British N o rth A m erica. T hese a ssu m p tio n s led D en t to present a sim plified view o f U p p e r C a n ad ian R e fo rm .:i T h e m ovem ent w as represented as v a st­ ly m ore hom ogeneous than w as actually th e case. C om plexities, co n tra d ic tio n s a n d n o n -a k ru istic m otives received little a tten tio n . T h e C o m p a c t's positive achievem ents w ere n o t considered. T he assu m p tio n th at th e Reform cause w as a m ajority m ovem ent p o s­ sessed o f a n easily im plem entable single issue th a t co u ld solve U p ­ per C a n a d a ’s political and social p roblem s p ro d u c ed an alm ost inevitable view o f C o m p ac t leadership. T hese leaders refused to accept so u n d policy su p p o rte d by th e m ajority so they w ere p o r­ tray ed as disloyal to th e tru e interests o f th e province. D e n t, who conceded th eir intelligence, h a d to represent them as self-seekers a n d g rafters in o rd e r to explain th eir o p p o sitio n to R eform . W hen they won elections they obviously did so th ro u g h in tim id a tio n , m a ­ nip u latio n a n d c o rru p tio n . A ny o th e r e x p lan atio n w ould have c o n ­ c ed e d to th e m g e n u in e p o p u la r ity , w hich w as a t v a ria n c e w ith

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T H E LAST FO R T Y YEARS

D e n t’s analysis o f th e pre-rebellion years. D en t in fact so u n d e d a bit p a ran o ic w hen he described how this g ro u p , allegedly represent­ ing only a sm all po rtio n o f U p p e r C a n a d ia n s , su b v erted b o th the m any a n d the g o o d . C o m p a c t lead ers p ro voked som e o f D e n t's finest polem ical w rit­ ing. A b o u t L ie u te n a n t-G o v e rn o r M aitlan d he w rote: " H e refused to believe th a t he him self w as n o t an object o f a d o ratio n to the g reat body o f th e people, because th e official lick-spittles by w hom he w as su rro u n d e d vied w ith each o th e r in flattering his im becile v a n ity ." "’ B ishop Jo h n S tra ch a n w as o n e o f his favorite targets: “ H is baneful influence m ade itself felt, directly o r indirectly, in every o n e o f th e public offices. W herever liberty o f th o u g h t and expression, w h e th er as affecting things spiritual o r te m p o ra l, ven­ tu re d to lift its h e ad , there, bludgeon in h a n d , sto o d th e great P ro testan t P ope, ready a n d eager to strike. It m ay p erh ap s be conceded th a t he acted a ccording to his earnest convictions. So, doubtless, did Philip o f Spain a n d T o m a s de T o rq u e m a d a . It is not going to o far to say th at D r. S tra ch a n w as utterly incapable o f seeing m ore th an o n e side o f any q uestion involving th e interests o f h im self and his c h u rch . W hen his cause w as a ju st o n e. w ho so fond as h e o f appealing to th e m ajesty o f the l a w .'" ' It is u n fair to suggest th a t D en t m ade no a ttem p t to explain why his assum ed R efo rm m ajority failed to triu m p h d u rin g th e 1830s. In his discussion o f th e general election o f 1830 he ad v an c ed this interp retatio n : " A large a n d intelligent body o f electors h a d how ev­ er grow n up w ithin the last few years w h o , while they professed C o nservative principles, w ere disgusted w ith the greedy, self-seeking C o m p a c t, w hose practices they held in u tte r disdain. T hey held politicians o f th e M ackenzie sta m p in still greater a b h o rre n c e , to which w as a d d ed a large m o dicum o f c o n te m p t. W ith th e m o derate R eform ers, on th e o th e r h a n d , they had m uch in c o m m o n . M any o f them a p p ro v ed o f th e d o ctrin e o f R esponsible G o v e rn m e n t, and alm ost all o f them desired to see th e end o f C o m p ac t d o m in a tio n . A t th e last general election their votes h a d been very m uch divided. But they w ere now disposed to h o ld a lo o f from th e reform ers in consequence o f th e la tte r's being nom inally o f th e sam e p a rty as the M ackenzie R adicals, w ho h a d only recently c o m e into existence. T h e exercise o f a little diplom acy a n d m u tu al forb earan ce at this tim e m ight, it is believed, have effected th a t Union betw een these tw o classes o f persons w hich w as actually accom plished a b o u t a q u a rte r o f a century later. Such a union w o u ld have m ad e the united party all pow erful. It w ould have sw ept aw ay th e C o m p ac t, to g eth er w ith th e lo n g -stan d in g abuses w hich h a d grow n up under their rule, a n d th e united p a rty w ould quietly have assum ed the reins o f pow er w ith an overw helm ing m ajority at its b ack . T here w ould th u s have been no raison d 'e tr e for th e R adical elem ent,

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w hich w ould necessarily have been a b so rb ed , o r w ould at least have ceased to be an im p o rta n t facto r in political life.” - ' D e n t's view w as th a t M ackenzie and his c o h o rts prevented the fo rm atio n in the 1830s o f the kind o f L iberal-C onservative coalition realized in 1854. Such an "all p o w e rfu l" political m ovem ent w ould have p roduced a peaceful a n d relatively easy political revolution du rin g th e 1830s a n d rendered unnecessary th e " R a d ic a l e le m en t," th e rebellion, th e D u rh a m m ission, the U nion o f 1841 a n d the p ro trac te d political struggle o f the 1840s. Im plicit in this analysis w as a revision o f the widely accepted view th at th e rebellion was essential because it b rought h om e to th e British au th o ritie s the existence o f a crisis in the affairs o f British N o rth A m erica. T he consequences, a cc o rd in g to this sta n d a rd (a n d still p o p u la r view) w as th e D u rh a m m ission, th e D u rh a m R ep o rt, the U nion o f 1841 a n d . inevitably, th e triu m p h o f responsible g o v ern m en t. A ccording to this thesis M ackenzie m ight have been a sh o rt-term loser but he triu m p h e d in th e long-run a n d becam e a " M a k e r o f C a n a d a ." D e n t's view im p lie d a f u n d a m e n ta lly d iffe re n t in te rp re ta tio n o f M ackenzie. H e w as persecuted a n d suffered "indignities which fi­ nally drove him into rebellion, a n d involved him in overw helm ing d is a s te r ," '' but "h is ju d g m e n t w as not to be tr u s te d ." ''' C o m p ac t persecution c o m b in ed with circum stances to bring him leadership, but his lack o f ju d g m e n t p recluded the creative use o f his pow er. Instead he drove the m o d erate R eform ers o u t o f th e m ovem ent and involved him self, his follow ers a n d his cause in tragedy. Instead o f being necessary to the a tta in m e n t o f C a n a d ia n a u to n o m y . M a c k en ­ zie em erged as a h in d ran ce to th e unity o f th o se w ho believed in responsible go v ern m en t. Jo h n R o lp h . on th e o th e r h a n d , possessed the leadership skills a n d prestige D ent obviously regarded as essen­ tial to th e form ation o f a great party o f a n ti-C o m p a c t C onservatives and m o d era te R eform ers. C o n seq u en tly D ent preferred R olph to M ackenzie. In his p e n u ltim a te c h ap ter, how ever. D ent re tu rn e d to the h isto ­ riographical m ain stream : " T h e R ebellion, th en , tho u g h it failed in th e field, w as very far from being an utter failure. It accelerated the ju st a n d m o d era te c o n stitu tio n a l changes for w hich th e R eform party h a d for years co n te n d ed , a n d w hich, but for th e R ebellion, w ould have been long delayed. It led to L o rd D u rh a m 's m ission, w hich b rought everything else in its train . F ro m L ord D u rh a m 's m ission sp ra n g th e u n io n : from th e union sp ra n g the concession o f R esponsible G o v e rn m e n t, the end o f Fam ily C o m p a c t d o m in a tio n , th e establishm ent o f m unicipal institutions, reform in all th e d e p a rt­ m ents o f S ta te .” -" D ent did not resolve this o b v io u s inconsistency in his thinking. If th e rebellion's beneficial results could easily have been o b tain e d (w ithout risk o r violence) th ro u g h a political union o f m o d erate

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L iberals w ith m o d e ra te C onservatives, how co u ld th e rebellion have been classified as either necessary o r good? F ro m this basic c o n tra ­ diction cam e o th e r inconsistencies. B ecause th e rebellion w as unnec­ essary, th e rebels form ed “ a very insignificant p ro p o rtio n o f the R eform p arty g enerally” ;28 because th e rising a p p are n tly led to desirable reform s it co u ld n o t have been u n p o p u lar: “ So w ide­ sp read a m ovem ent could n o t have com e to a h e ad unless th e public discontent h a d been b o th w ide a n d d eep .” -’1' D e n t’s stu d y o f th e rebellion did not appeal to any im p o rta n t g ro u p . A m o n g st th e rebellion’s m ajo r figures h e fo u n d no heroes: th e C o m p a c t leaders w ere subversive to freed o m ; R olph a n d M a c k ­ enzie “ w ere zealous for R e fo rm ” , b u t D ent co u ld “ find little o f the heroic in th e lives o f eith er.” 50 T h e W e e k , representing a g reat deal o f o p in io n , accused D ent o f d enigrating M ackenzie in o rd e r to build u p R olph: “ T h a t M r. D en t is bent on exalting D r. R o lp h at th e expense o f o th e r c h aracters, a n d n o tab ly a t th e expense o f Lyon M ackenzie [sic], w hose ‘m a n n ik in ’ figure is c o n stan tly used to set o ff th e physical, m oral a n d intellectual m ajesty o f th e g reat m an, n o b o d y can fail to r e m a r k .” 31 N o n e th e le s s D e n t’s re se rv a tio n s a b o u t R olph w ere serious. W hile discussing R olph in exile he c o m ­ m ented: “ It c a n n o t be said th a t his m isfortunes established any special claim to th e sy m p ath y o f posterity o n his behalf. H e had played a foolish a n d desperate g am e, w hen th e o d d s w ere tre m e n ­ dously against him , a n d he h a d no g ro u n d s for co m p lain t because th e penalty o f failure w as exacted from h im .” -’2 D ent also adm itted th a t R o lp h ’s “ later public career w ent far to dim inish th e splendid re p u ta tio n w hich he h a d g ained in earlier tim es.” 33 R o lp h ’s activi­ ties du rin g th e 1850s m ad e him a relatively u n p o p u la r figure in nineteenth century politics. W hile T h e S to r y o f th e U pper C anadian R ebellion a ttrac ted few unreserved ad m irers, it repelled those w ho ven erated th e m em o ­ ry o f W illiam L yon M ackenzie. T h e suggestion th a t th e rebellion w as unnecessary grated on th o se w ho believed th a t th e rising was ju st in itself a n d necessary to th e a tta in m e n t o f responsible go v ern ­ m ent. M o re im p o rta n t how ever w as D e n t’s detestation o f M a c k en ­ zie. A few representative phrases indicated th e fervor o f D e n t’s v ie w .34 M a c k e n z ie ’s b ra in w a s d e sc rib e d as " ill- b a la n c e d .” H e em erged as “ heartless a n d selfish,” “ e rra tic ,” “ unstab le” a n d “ the veriest shuttlecock in th e h a n d s o f fate.” M ackenzie w as a m an of “ m alignan t m otives,” “ co u rte o u s im becility” a n d “ crim inal care­ lessness.” His p a trio tism w as “ shallow ” a n d “ h e w as guilty o f clear a n d undisguised ro b b e ry o n th e h ig h w a y .. . . ” D en t referred to his “ u tte r unfitness” for c o m m a n d du rin g th e rising a n d to th e “ dis­ eased ingenuity” h e displayed du rin g th e 1850s. D ent w ent to som e le n g th s to d o c u m e n t th e “ d ish o n e sty o f his m e th o d s ” a n d th e “ w orthlessness o f th e testim ony add u ced by M ackenzie------” T he

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rebel h ero w as sim ply a congenital a n d unprincipled agitato r: “ It is n o t difficult to conceive o f him in th e role o f e ith e r a hotgospeller o f th e M iddle A ges, o r o f a devoted servant o f th e In q u isitio n .” H e w as represented as insane du rin g his later career: “ T h e highest m edical au th o ritie s in th e lan d now p ro n o u n c ed him to be on th e high ro a d to lu n a c y ." A s if to ru b salt into a w o u n d . D ent claim ed th a t w hile M ackenzie w as viciously a n d publicly m aligning R olph du rin g th e 1850s, th e la tte r w as quietly aiding m em bers o f M a c k e n ­ zie’s d estitute fam ily. “ T h e surviving m em bers o f M ackenzie's fam i­ ly, above all o th e r persons in th e w o rld ,” a rg u ed D e n t, “ sh o u ld cherish a ten d e r regard for th e m em o ry o f D r. R o lp h .” M a c k en ­ zie's relatives w ere h ardly likely to “ cherish a ten d er re g a rd '’ for Jo h n R olph a n d w ere certain to be highly critical o f Jo h n C harles D en t w ho had n o t only assaulted M ackenzie’s rep u ta tio n b u t had taken issue w ith m uch o f The L ife a n d T im e s o f W m . L y o n M a c k ­ enzie, an official biography by M ackenzie’s son-in-law , C harles Lindsey. A ttack in g W illiam Lyon M ackenzie w as u nfashionable in liter­ ary circles du rin g th e late n ineteenth a n d early tw entieth centuries. A s late as th e y ears preceding W orld W ar I, W . D . Le S u eu r could n o t get published in th e “ M akers o f C a n a d a ” series a revisionist life o f M ackenzie, regardless o f th e fact th a t he w as associated w ith the project as a n e d ito r!35 T h e S to r y o f th e U pper C anadian R ebellion w as badly received. Jo h n K ing, a n o th e r o f M ackenzie’s sons-in-law (a n d th e fath er o f W illiam Lyon M ackenzie K ing), a tta ck e d the w ork in T h e O th e r S id e o f th e S to r y ( T o ro n to , 1886). K ing b o ls­ tered his ow n highly critical views by reprinting a n u m b e r o f n e g a ­ tive review s a n d o th e r critical statem en ts.

D ent w as obsessed w ith the issue o f responsible g o v ern m en t and in T h e L a s t F o r ty Y e a rs d e v o te d c o n s id e ra b le sp a c e a n d g re a t passion to it. It is th e b o o k ’s m ajo r p re o ccu p atio n . S om e o f D e n t’s m is c o n c e p tio n s a b o u t re sp o n sib le g o v e rn m e n t h a v e b e en d is ­ cu sse d .36 His u n d erstan d in g o f w hen a n d how responsible g o v e rn ­ m ent w as in tro d u ced w as also confused. D en t w as convinced th at responsible g overnm ent h a d been conceded as p a rt o f th e settlem ent o f 1840-41. T h is w as R o b ert B aldw in’s view .37 B aldw in’s stan ce on th is issue w as p r o b a b ly d ic ta te d by ta c tic a l c o n s id e ra tio n s , a n d m ig h t h a v e been in flu e n c e d by th e situ a tio n in L o w e r C a n a d a w here “ it h a d been only [the R efo rm L eaders’]confident em phasis on th e expectation o f responsible g overnm ent th a t they h a d m an ag ed to carry th e C anadien electorate into th e U nion o f 1841 ,” 38 D e n t, h o w ­ ever, sincerely believed th a t “ L o rd S ydenham h a d been sent o v er to C a n a d a e x p ressly to in tro d u c e R e sp o n sib le G o v e r n m e n t.” T h e re w ere som e problem s: “ W hat so rt o f R esponsible G o v e rn m en t? H ow

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far w as th e responsibility to e x te n d ? ” 39 D e n t w as satisfied th a t these p ro b le m s h a d b e en so lv e d by th e e n d o f B a g o t's a d m in is tra tio n : “ R e sp o n sib le g o v e rn m e n t h a d been c o n c e d e d , a n d w as e s ta b ­ lished.” 40 T h e historiographical im plications o f this belief w ere serious. If it is assum ed th a t responsible g o v ern m en t w as conceded in 1840-41, o n e 's u n d erstan d in g o f British policy is seriously d isto rte d . T he Im perial g overnm ent fades into th e b a ck g ro u n d a n d its influence is grossly under-estim ated. In fact, careful study o f British policy be­ com es unnecessary a n d th e d ra m a tic shifts o f th e m id -1 8 4 0 's are ignored. T h e relationship betw een free tra d e a n d colonial policy receives in ad e q u ate analysis a n d a ssu m p tio n s a b o u t cau satio n be­ com e cru d e. F ree tra d e clearly involved a w illingness on th e p a rt o f British a u th o ritie s to accept im perial devolution. T h is explains the ch an g e o f a ttitu d e a n d policy so evident w ith th e a p p o in tm en t o f L o rd Elgin as G o v e rn o r-G e n e ra l. A s m uch as an y th in g else this w illingness to devolve a u th o rity facilitated th e triu m p h o f responsi­ ble g overnm ent du rin g th e late 1840’s. T his close relationship be­ tw een econom ic a n d colonial policy w as o v erlo o k ed by D e n t, al­ tho u g h it has been obvious to n u m ero u s tw entieth century' scholars. Sir W illiam H o ld sw o rth , for exam ple, explained th e ram ifications o f free tra d e th u s: “ It ignored deep seated n a tio n a l rivalries. A n d it w as d an g ero u s because it ten d e d to m ak e th e natio n oblivious o f th e necessity fo r n a tio n a l d e fen c e. It te n d e d to w e ak e n n a tio n a l pride a n d p atriotism a n d to su b stitu te a purely com m ercial o u tlo o k w hich, tho u g h it h a d a g o o d result in th a t it led to a policy o f extending colonial self-governm ent, neglected th e im p o rta n ce o f a greater Britain b ey o u n d th e seas, because it w as based on th e n a r­ row view th a t th e colonies entailed expense w hich m ade no im m ed i­ ate re tu rn .” 41 T h is kind o f in te rp reta tio n is unnecessary to any histo rian w ho assum es th a t responsible g o v ern m en t w as g ra n te d in 1840-41. T h a t assu m p tio n m ad e C a n a d a th e c en tre o f th e ‘struggle’ a n d m ad e serious co n sid eratio n o f British policy largely irrelevant. T h e c onsequent in te rp reta tio n o f th e 18 4 0 ’s has been satisfying to m an y C a n a d ia n s for m any years because it em phasized th e them e o f ‘struggle’ a n d e nabled C a n a d ia n s (an d enlightened B ritishers like L o r d E lg in ) to receive full c re d it fo r th e a tta in m e n t o f w h a t a m o u n te d to h o m e rule. T h is basic assum ptive e rro r explains d isto rte d view s o f m any aspects o f th e 1840's. It elevated to th e level o f gospel th e dubious a n d sim plistic view th a t th e a tta in m e n t o f responsible governm ent, an im p o rta n t step to w a rd s a u to n o m y , w as a p ro d u c t o f th e C a n a ­ dian ‘struggle’. It also p ro d u ced serious c onfusion a b o u t th e role o f v a rious governors. If th ere w as a ‘struggle’, it w as clearly against g o v ern o rs, and especially a gainst Sir C harles M etcalfe w ho refused to accede to a policy w hich w as p o p u la r in C a n a d a a n d , it was

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assum ed, still officially su p p o rte d in L o n d o n !42 T h is alm ost c erta in ­ ly acc o u n ts for th e severe to n e o f m uch o f th e w riting a b o u t M e t­ c alfe. W h a t ju s tific a tio n c o u ld th e re h a v e been fo r a m a n w ho refused to im plem ent an im m ensely p o p u la r im perial decision? In D e n t's view , o f co u rse, there co u ld be no excuse a t all. M etcalfe w as sim ply an o b stru ctio n ist a n d a reactionary: “ T h e choice o f an Indian statesm an o f reputed ability, but w ith o u t a n y experience w hatever o f P arliam en tary G o v e rn m en t, w as a t least sin g u lar’, says Sir F ra n c is H incks, w ho is o f th e opin io n th a t L o rd Stanley had form ed a determ in atio n to o v e rth ro w R esponsible G o v e rn m en t, a n d th a t h e selected Sir C h arles M etcalfe as th e m ost fitting agent for th e p u rpose. T his, be it u n d e rsto o d , is m erely th e expression o f Sir F ran cis H in c k ’s individual o p in io n , a n d n o t a sta te m en t o f ascertained historical fact. It m u st be o w n e d , how ever, th a t the p ro p o u n d e r o f th e th eo ry argues it o u t w ith a g o o d deal o f plausi­ bility, a n d the circum stances a tte n d a n t upon S ir C harles M etcalfe’s a p p o in tm en t prove clearly e n ough at any rate th a t th ere w ere m o ­ tives at w ork w hich w ere not th en , a n d have never since been, m ade know n to th e w o rld .” 43 O nce th e basic m isconception a b o u t re ­ sp onsible g o v ern m en t w as established, it w as im possible to treat M etcalfe sym p ath etically .44 O nly recently have m o re sy m pathetic views prevailed.45. M etcalfe is n e ce ssa rily a villain. L o rd E lgin, a sp o k esm an for w h at D o n a ld C reig h to n ch aracterised as “ th e g o o d im perialism o f th e 18 4 0 ’s ,“ 46 h a s served as a C a n a d ia n hero. A s D u rh a m ’s son-inlaw , h e is often seen as a m an w ho cam e to C a n a d a to v indicate the policies o f his father-in-law . H e e n d o rsed responsible g overnm ent a n d presided w ith dignity a n d lo nganim ity o v er its d ra m a tic c o n fir­ m atio n in 1849. C on seq u en tly , Elgin has been th e subject o f several favorable biographies by C a n a d ia n s .47 T hese studies tend to e m p h a ­ size E lgin’s creative sta tesm an sh ip a n d personal courage. S om e recent in te rp reta tio n s o f th e 1840’s are m o re sophisticated *>4: th an th o se o f D e n t, a n d explore p ro b lem s neglected by him (a n d by J m o st n ineteenth century sc h o lars).48 N onetheless, his b o o k rem ains im p o rta n t.49 S om e sixty percent o f th e original w o rk is devoted to th e y ears before B aldw in a n d L afo n tain e left public life. T hese th o ro u g h ly researched c h ap ters still co n stitu te o n e o f th e best and m o st detailed political histories o f th e 1840’s. D e n t w as o bviously less interested in th e p o s t- 1851 years. T his m ight sim ply have represented a personal preference for researching th e 1840’s. T h e real explanation is p ro b ab ly m o re com plex. F o r histo rian s w ho lo o k at history in term s o f linear d evelopm ent, re­ sponsible g overnm ent can be seen as p art o f tw o m ajo r develop­ m ents (which are often c o m b in ed as facets o f a single process o f developm ent). M an y tw entieth century historians regard responsible g o v ern m en t chiefly in term s o f its significance to im perial history.

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R esponsible g o v ern m en t is view ed as th e tech n iq u e th a t reconciled colonial desires fo r a u to n o m y w ith th e m ain ten a n ce o f th e im perial b o n d . H o ld sw o rth , conceding th a t “ th e acceptance o f th e principle o f responsible g overnm ent h a s led to practical ind ep en d en ce,” 50 com m ents: “ R esponsible g o v ern m en t is C a b in e t go v ern m en t. It is n o t to o m uch to say th a t th e in tro d u c tio n o f this form o f go v ern ­ m en t, first into C a n a d a , a n d th en into A u stra lia a n d N e w Z ealan d , h a s saved th e second British E m pire fro m g oing th e w ay o f the first.” 51 O th e r h istorians are m o re concerned w ith C a n a d ia n a u to n o m y . C h ester M artin states: “ S elf-governm ent in C a n a d a w as m odelled so closely u p o n British p a rliam e n ta ry p ractice th a t th e sequel is scarcely m o re th a n a c o m m e n ta ry u p o n E lgin’s ro b u st faith in th at p ro c ed u re .” 52 M a rtin goes on to his “ rough a n d ready fo rm u la ” viz., “ self-governm ent p lu s union equals n a tio n h o o d .. . . “ 53 F o r M a rtin th e n , responsible g o v ern m en t a n d co n fed eratio n a re m ajo r steps “ to w a rd s C a n ad ian n a tio n a lity .. . . “ 5'1 B ecause o f responsible go v ern m en t, C a n a d ia n natio n ality need n o t conflict w ith th e m ain ­ ten a n ce o f th e im perial tie a n d as a result w e have th e m o d em C o m m o n w ea lth o f N a tio n s. T hese linear developm ents w ere n o t o b v io u s to J. C . D e n t. H e regarded th e a tta in m e n t o f responsible g o v ern m en t as a m o m en to u s achievem ent, b u t its real significance w as un clear to h im . T h e p oli­ tics o f th e 1850’s w ere often so rd id a n d b ru ta l, h a rd ly in keeping w ith th e high sta n d a rd s supposedly set by Baldw in a n d L afontaine! C o n fe d e ra tio n w as a n im p o r ta n t b u t in a d e q u a te s te p to w a rd s “ a n a tio n a l existence.” 55 C a n a d a ’s relatio n sh ip w ith B ritain rem ained a pro b lem in th e 18 8 0 ’s: “ S om e m odification in th o se relations is inevitable. M an y years m ay possibly elapse ere it shall becom e necessary to ta k e th e q uestion into practical c o n sid era tio n , b u t th at such a tim e w ill c o m e is no longer d isp u tab le . It seem s to be a d m itte d on all h a n d s th a t th e pro b lem will be solved in o n e o f th re e w ays: by a general federation o f th e British E m pire; by the an n ex atio n o f C a n a d a to th e U n ited S tates; o r by th e establishm ent o f C a n a d ia n independence.” 56 T h e 1850’s, 1860’s a n d 1870’s sim ­ ply did n o t c o m e into focus for D en t d u rin g th e early 1880’s. R esponsible g overnm ent h a d been achieved b u t th e basic problem o f C a n a d a ’s “ u ltim ate destiny” 57 rem ain ed . T h is p ro b a b ly explains D e n t’s lack o f interest in th e y ears after 1851. T hey w ere n o t suffi­ ciently relevant to his abiding concern for C a n a d ia n destiny, which in his view w o u ld u ltim a te ly in v o lv e in d e p e n d e n c e fro m G re a t B ritain. D en t w as criticized for his a ttitu d e to w a rd s F ren ch C a n a d a . “ Le th em e favori d e M . D e n t” , w rote L ’A b b e C a sg ra in , “ est la su periorite des H a u ts-C a n a d ie n s su r n o s c o m p a trio te s.” 58 D ent ten d e d to regard F ren ch C a n a d ia n s as intellectually s ta g n a n t, u n in ­

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terested in edu catio n a n d p riest-ridden. N onetheless he recognized th e w ork o f F . X . G a rn e a u , c o m m e n tin g th a t G a rn e a u ’s g reat history “ covers th e w hole p eriod o f C a n a d ia n histo ry from th e discovery o f th e c o u n try dow n to th e U n io n w hich form s th e sta rting-point o f th e present n a rra tiv e .” 59 H e distru sted F ren ch C a n a d i­ ans: “ T h e loyalty o f a co n q u ere d race is never deep-seated o r p r o ­ fo u n d .” 60 D en t a d m ired th o se F ren ch C a n ad ian s he reg ard e d as sufficiently progressive to su p p o rt British institutions. H e ad m itte d th e a n g lic iz in g in te n t o f th e U n io n : “ T h e F re n c h C a n a d ia n s . . . lo o k ed u p o n th e U n io n A ct as th e result o f a p red eterm in atio n to* destroy th eir natio n ality a n d th eir religion. It w as evident th a t if the British representatives from L ow er C a n a d a sh o u ld act in unison with th eir c o -n atio n a lists from th e U p p e r P rovince, th e c o m b in a ­ tion w o u ld be all-pow erful in th e L egislature.” 61 D e n t m ight well h av e desired th e assim ilation o f th e F ren ch -sp eak in g p o p u latio n , b u t h e a rg u ed th a t assim ilation w as n o t a viable policy by late 18411842: “ W ith such a leader [as L afo n tain e ], it w as im possible th a t th e F ren ch C a n ad ian elem ent c o u ld m uch longer be excluded from a sh a re o f pow er . . . T h e fact th a t so m e F ren ch C a n a d ia n s m u st be a d m itte d to office w as by this tim e fully recognized by th e m em bers o f th e A d m in is tra tio n ------” 62 D e n t o f c o u rse c a n n o t be credited w ith th e w ork o f sep aratin g th e issues o f assim ilation a n d resp o n si­ ble g o v e rn m e n t.63 H e saw th a t th e policy o f assim ilation w as a b a n ­ d o n e d lo n g before th e final triu m p h o f responsible g overnm ent in 1848-49, b u t h e assum ed th a t responsible g o v ern m en t h a d already been conceded. D e n t did not e m p ath ize w ith F rench C a n a d a a n d clearly had difficulty fitting F ren ch C a n a d ia n s into' his d re am o f an in d ep en d ­ e n t a n d progressive n a tio n . T h is a ttitu d e m ars his w o rk b u t assists th e tw entieth c en tu ry read er to a fuller u n d e rstan d in g o f th e late n ineteenth c en tu ry O n ta rio m ind.

H erb ert B utterfield described W hig h isto ria n s as those w ho h a v e a “ tendency . . . to w rite o n th e side o f P ro te stan ts a n d W higs, to praise revolutions provided they h a v e been successful, to em phasise c ertain principles o f progress in th e past to p ro d u c e a story w hich is th e ratification if n o t th e glorification o f th e p re sen t.” 64 T o K enneth W in d so r, D en t is p re-em inent a m o n g st n ineteenth century W higs: “ O f all th e W hig h istorians, th e m ost c ontroversial a n d th e greatest stylist w as Jo h n C h a rle s D e n t . . . .” 65 It is tru e th a t D e n t, like m any o f his c o n te m p o ra ries, a d o p te d “ th e fam iliar nineteenth century th em e o f th e struggle for freedom a gainst ty ra n n y .” 66 T h e label o f “ W hig h isto ria n ” how ever, is p e rh ap s m isleading. In T h e S to r y o f th e U pper C anadian R ebellion D e n t w as am b iv alen t a b o u t th e role o f th e rebellion in C a n a d ia n d evelopm ent. O n th e o n e h a n d he

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regarded it as re ta rd a n t, while o n th e o th e r h e adv an ced th e tra d i­ tio n a l a n d W hig a rg u m e n t th a t it began a chain o f events th a t led to th e a tta in m en t o f responsible go v ern m en t. It w as p ro b ab ly th e n onW hig elem ents in this b o o k , c o m b in ed w ith th e personal a tta ck s on M ackenzie, th a t explain th e em otionally negative response it w as given. In th e la tte r sections o f T h e L a s t F o rty Y ears D e n t dis­ played so m uch u ncertainty a b o u t C a n a d a ’s present th a t it is not strictly a cc u rate to typify him as a n h istorian b e n t on “ th e ratifica­ tion if not th e glorification o f th e p re sen t.” H is linear developm ent ra n n o t from th e “ struggle” for responsible g o v ern m en t to the presen t, but from th e fam o u s “ struggle” to a p ro je c te d fu tu re c o n ­ d itio n . H is p re fe rre d fu tu re in v o lv e d a C a n a d a in d e p e n d e n t o f G re a t B ritain. D e n t’s use o f histo ry w as sim ilar to th at o f tw entieth century histo rian s w ho stress “ relevancy” a n d ten d to utilize select­ ed aspects o f th e past as p a rt o f their personal battle to sh a p e the future. T hese h istorians, like D e n t, m ight best be described (in c o n te m p o ra ry ja rg o n ) as m ission-oriented W higs. D e n t w ro te d u rin g “ th e p o s t- C o n fe d e ra tio n lite ra ry re n a is ­ sa n c e,” 67 a m ovem ent heavily influenced by vario u s kinds o f n a ­ tionalists. R oy D aniells calls th e years fro m 1871-72 to 1896-97 the “ G o ld e n A ge o f high colonialism in O n ta rio ” 68 a n d com m ents: “ T h e ingredients o f high colonialism can be assessed fairly a cc u rate ­ ly. T h ere is a real desire for cu ltu ral a chievem ent, to m atch c o m ­ m ercial a c h ie v e m e n t.. . . A t th e sam e tim e th e vital necessity o f cu ltu ral stim ulus from ou tsid e is eagerly acknow ledged. . . .” 69 S tim ­ uli from Britain are preferred to th o se fro m th e U n ited States be­ cause o f th e fear th a t C a n a d a m ight be a b so rb e d by th e R epublic. W h eth er D ent w as influenced by “ high colonialism ” o r incipient n atio n alism is an arg u ab le p o in t, as is th e n a tu re o f th e difference betw een th o se categories. W h at is clear is th a t h e w as strongly antiA m erican , a n d in th a t typically C a n ad ian m a n n e r70 D en t w as a nationalist. His a n ti-A m erican feelings w ere stro n g . A m erican insti­ tu tio n s, for exam ple, w ere unacceptable: “ T o th e institu tio n s o f the U n ited States, w h eth er political o r social, C a n a d ia n s generally e n ­ tertain a stro n g av ersio n .” 71 H e w as c o n te m p tu o u s o f A m erican le a d e rs h ip : “ T h e a m o u n t o f b o m b a s t a n d b u n c o m b e to w hich spread-eagle A m erica gave u tte ran c e d u rin g th e closing m o n th s o f 1845 a n d th e early m o n th s o f i 846 passed all calcu la tio n .” 72 A m e r­ ican intentions w ere suspect: “ a pow erful policem an sto o d at the th r e s h o ld , re a d y to ta k e a d v a n ta g e o f a n y c o m p lic a tio n w hich m ight justify his interference in th e dom estic affairs; ready, indeed, to ta k e bodily possession upon any plausible p re te x t.” 73 D e n t’s anti-A m erican ism w as m atc h ed by serious reservations a b o u t th e B ritish. In T h e S to r y o f th e U pper C anadian R ebellion he w as bitterly critical o f British policy. D islike o f British officials p ro b a b ly a cc o u n te d for a ra re in dication o f sy m p ath y w ith th e

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Fam ily C o m p a c t. W hen h e discussed th e fam o u s case o f Judge Jo h n W alpole W illis74 his to n e to w a rd s th e C o m p a c t w as alm ost friendly! O n e suspects th a t this w as because W illis w as a n unusually officious E nglishm an a n d th a t D e n t consequently co u ld n o t bring h im self to a w arm su p p o rt o f his cause. O n e o f his few friendly re m a rk s a b o u t Jo h n S tra ch a n w as o ccasioned by S tra c h a n ’s c o u r­ a ge in th e face o f possible A m erican a tta ck : “ In defence o f C a n a d i­ a n freedom he w as ready, if need w ere, to shed the last d ro p o f his b lo o d .” 75 W hen D e n t discussed S tra c h a n ’s dealings w ith his fellow citizens, how ever, h e c o m p a red th e fam o u s cleric w ith T o m a s de T o rq u e m a d a ! L ogic a n d consistency h a v e rarely distinguished liter­ ary n ationalists a n d D e n t w as no exception. H is dream w as o f a progressive a n d indep en d en t C a n a d a , b u t he seem s to have been m o re c o n cern ed w ith independence th an progress. H is view o f the p a st w as obviously influenced by his vision o f th e future. D e n t’s stro n g belief in progress influenced b o th his nationalism a n d his history. It affected his general a p p ro a c h to history a n d his ju d g m e n t o f individuals a n d events. T h e a tta in m e n t o f responsible g o v ern m en t a n d , ultim ately, n a tio n a l independence w ere p a rt o f m a n ’s progress to a b e tte r w orld. T h e U nion o f th e C a n a d a s w as ju stified o n th e basis o f progress: “ T h e tru e ju stificatio n for the U n io n is to be fo u n d in th e fact th a t it p ro m o te d th e tru e interests, n o t only o f th e British w ho fav o u red , but even o f th e F ren ch w ho o p p o se d it. It su b stitu te d progress for retrogression, e nterprise for s ta g n a tio n , m o d em ideas fo r th o se w hich w ere w orn o u t o r ef­ fete.” 76 T h e very possession o f intelligence, it w as assum ed, led to p rogressive views a n d m itigated th e excesses o f conservatism . W il­ liam D ra p e r, fo r exam ple, w as described as having been o f “ as u ltra -C o n se rv ativ e a cast o f m ind as it w as possible for a m an o f his high intelligence to b e .” 77 H e w as nonetheless sufficiently c o n se rv a ­ tive to m erit dism issal as “ an o b stru c tio n ist - a d ra g on th e w heel o f pro g ress.” 73 T h is c o m m itm e n t to progress led D ent to a critical view o f T ories a n d to a favorable view o f R eform ers. O n this q uestion his th o u g h t w as sim ilar to th a t o f conven tio n al W hig his­ to ria n s .79 D e n t’s th o u g h t c a n n o t easily be su m m arized o r typified. H is a ttitu d e s w ere n o t alw ays con sisten t, a n d they evolved du rin g th e co u rse o f his u n fo rtu n ately sh o rt literary career.

IV T h e L a s t F o rty Y ears is really tw o b o o k s, o n e a b o u t th e 1840s and o n e a b o u t th e p o st 1851 years. R oughly sixty percent o f th e original w o rk is c o n cern ed w ith th e years before 1851, necessitating a so m e ­ w h a t cursory trea tm e n t o f th e three su b seq u en t decades. T h is q u a n ­

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titative difference is m atched by o n e o f q u a lity . D e n t’s w o rk on the 1840s is carefully researched a n d well o rg an ized . His w o rk on the 1850s, 1860s a n d 1870s is considerably less so. T h e latter several c h ap ters are distinctly inferior to those c o n cern ed w ith th e 1840s an d it is n o t u n re aso n a b le to suggest th a t D e n t w ro te a careful and serious n a rra tiv e o f th e political history o f th e 1840s a n d appended to it a hasty a n d annalistic “ histo ry o f his ow n tim es.” 80 T h e quality o f D e n t’s w o rk declined as his personal involvem ent with th e events h e discussed grew . L ike th e U n io n itself, D en t w as b o m in 1841. H e h a d no extensive personal know ledge o f th e 1840s a n d 1850s, b u t w ro te a b o u t th ese decades as an h isto rian . H e had far m o re personal know ledge o f th e 1860s a n d 1870s a n d ten d e d to w rite a b o u t th o se decades fro m th e perspective o f an involved jo u r­ nalist. D en t recognized this basic d ich o to m y . H a lf w ay th ro u g h his n a rra tiv e he explained in a n ote: “ In all w o rk s relating to C an ad ian history w hich h a v e h ith e rto been published in th e English language, th a t p o rtio n relating to th e p e rio d betw een th e U n io n o f 1841 and th e form ation o f th e second L afontaine-B aldw in M inistry in 1848 is little m o re th an a b lan k . T h e m aterial for recording it, m oreover, is practically inaccessible to th e general public, being h idden away in official a n d priv ate d o c u m e n ts, in the c o lu m n s o f fo rgotten new s­ p ap ers, in c u m b ro u s P arliam en tary jo u rn a ls, a n d in th e m em ories o f a few persons w hose n u m b e r is rapidly dim inishing. F o r these reasons, th e n a rra tiv e o f events d u rin g th e p e rio d referred to has been given in th e foregoing pages w ith so m e a m p litu d e o f detail. It will m anifestly be im possible, how ever, consistently w ith th e as­ signed lim its o f th e present w o rk , to re co rd th e history o f th e next th irty -th ree years w ith equal m inuteness. In sub seq u en t pages a m o re concise plan will be a d o p te d ; but it is h o p e d th a t n o th in g has been o r will be o m itted w hich is essential to be know n in o rd e r to e n ab le th e re ad e r to form a clear idea o f th e n a tio n a l events o f T H E L A S T F O R T Y Y E A R S .” 8’ T h e original editio n o f T h e L a s t F o rty Years: C anada Since th e Union o f 1841 bears th e d ate “ 1881.” T h is is m isleading to tw entieth c en tu ry readers. C o p y rig h t w as tak e n o u t in 1881 b u t The L a s t F o rty Years w as alm o st certainly n o t co m p leted until 1882 o r 1883. L ike T h e C anadian P o rtra it G allery a n d T h e S to r y o f the U pper C anadian R ebellion. T h e L a s t F o rty Years w as published in subscription form . T h is w as a co m m o n n ineteenth c en tu ry p ublica­ tion p ro c ed u re . E ach in stallm ent w as forty-eight pages (o r three gatherings) long, w hich m ea n t th a t they w ere in no w ay self-contain ed units.82 S om e p arts b o th sta rte d a n d end ed in th e m iddle o f a sentence. T h ey w ere published m on th ly a n d issued in p a p er covers. W hen such a set w as co m p lete, th e p ublisher no rm ally b o u n d the p a rts fo r p u rc h ase rs o r issued to each p u rc h ase r a set o f binding

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cases to p ro d u c e h a rd -c o v e r volum es. B inding service co u ld be p ro ­ vided by any local b o o k -b in d er. O n occasion publishers w ould w ithhold th e final several p arts a n d w o u ld ask subscribers to return th e p a rts received in o rd e r to b in d th em all to g eth er into h a rd -c o v e r v o lu m es.83 T his pro ced u re usually involved a b argain w hereby th e subscriber w o u ld receive the final p a rts a n d th e binding service at a reduced price. T h e tw e n ty -fo u r p a rts o f T h e L a s t F o rty Years so ld for fifty cents a p a rt, o r $ 12.00 a set. By n ineteenth century sta n d a rd s this w as a very expensive p ro p o sitio n . F ro m th e pu b lish er’s po in t o f view , how ever, it w as a very useful technique. R evenues w ere m ade available before th e c o m p le te p u blication costs h a d to be m et. P u b ­ lishers w ere th ereb y enabled to av o id large initial investm ents o f c ap ital. B ooks published in p arts b ro u g h t h igher prices th a n those p ublished in th e usual m an n e r, a n d th e selling o f subscriptions e nabled publishers to reach a larg er m ark e t th an w as norm ally possible. A s a review er c o m m e n te d , “ its issue in serial form m ust b rin g it w ith in th e re a c h o f a la rg e c o n s titu e n c y o f b o o k -b u y e rs . . . . ” 84 A fte r th e publication o f th e p a rts, w o rk s o f this so rt were often b o u n d in re g u la r editions a n d m ark eted th ro u g h n o rm al retail channels. It seem s clear th a t th e la tte r c h ap ters o f T h e L a s t F o rty Years w ere w ritten a fte r th e p u blication o f th e earlier p a rts. A prospectus, an tic ip a tin g a series o f “ a b o u t fifteen p a rts ,” ap p ea red on th e back o f P a rt I, w hich w as published in early o r m id-188 1.85 T h e first eight p a rts carried th e w ork to page 392, which is th e end o f volum e I. D e n t p ro b ab ly p lan n ed a w o rk o f tw o volum es o f sim ilar length, b ut e n co u n tere d difficulties w hile w riting th e final c h ap ters. H e m ay have been w riting u n d e r c o n sid erab le pressure, a possibility a'so suggested by a n o ticeable d e te rio ra tio n o f quality in th e la tte r c h a p ­ ters. A reference to th e general election o f 1882 indicates th a t w rit­ ing (o r revision) w as still in progress du rin g th e su m m er o f 1882. In any event th e p rojected “ fifteen p a rts” h a d becom e “ tw e n ty -fo u r” by th e tim e a revised p rospectus w as published o n th e back o f Part IX . D en t clearly h a d ch an g ed his plan s while com pleting his b o o k . P arts I to V III w ere b o u n d as V olum e I. V olum e II included sixteen p a rts, n o t th e seven o r eight final p a rts as p lan n e d a n d hence is su bstantially longer th an th e first volum e.

R ep rin tin g The L a s t F o rty Y ears in its en tirety w as considered to be neith er possible n o r desirable. A t th e sam e tim e D e n t’s m eth ­ o d o f presen tatio n m ad e possible a su b stan tial a b rid g e m e n t w ith o u t d a m ag in g th e n a tu re o r utility o f th e original. F ollow ing n ineteenth century c o n v en tio n , D en t included in his w o rk n u m ero u s fo o tn o te s, m an y o f w hich w ere b o th long a n d u n ­

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necessary. S om e q u o ta tio n s w ithin th e text w ere acknow ledged in fo o tn o tes while som e w ere n o t. B ecause th ere is no co n sisten t p a t­ tern in this re g ard these fo o tn o tes have been o m itted . Slight textual m odifications have p erm itted th e ack now ledgem ent o f virtually all q u o te d m a te ria l. O th e r fo o tn o te s c o n ta in q u o ta tio n s s u p p o rtin g c o m m en ts o r conclusions th a t have been am ply d o c u m e n ted in the text. T hese often long fo o tn o tes have also been o m itted . T h e inclu­ sion in this edition o f only a few fo o tn o tes h a s resulted in a c o n sid ­ e rab le reduction in th e w o rk ’s length. D en t preceded each c h ap ter w ith a q u o ta tio n ; these to o have been o m itted . T he so m e w h a t u n ­ distinguished illustrations in th e first edition have n o t been included in this edition. Five entire c h ap ters have been o m itted . T h ree concern p roblem s in foreign relations: V II ( T h e C a se o f A le x a n d e r M c L e o d ), X (T h e A sh b u rto n T re a ty ) a n d X X I (T h e O regon B oundary). T hese c h a p ­ ters include a g re at deal o f pre-1841 m aterial a n d are perip h eral to D e n t’s m ain concern - th e c o n stitu tio n al a n d political history o f the U n io n from 1841 to th e e n d o f th e L afo n tain e-B ald w in ministry- in 1851. T hey ten d to im pede th e sm o o th flow o f D e n t’s narrative. D e n t’s coverage o f events becom es less intensive w hen h e gets to the 1850s a n d his a p p ro ac h to th e p o s t-1867 p eriod is th a t o f an in­ volved jo u rn a list. W hen h e discusses th e po st-co n fed eratio n period h e does n o t w rite as an h isto ria n . T hese tw o c h ap ters, w hich are not b ased o n th e extensive research characteristic o f earlier c h ap ters, lack balance a n d are inferior to th e m o re historical sections o f the w o rk . C h a p te r X L (T h e B eg in n in g o f a N ew E ra) has consequently been o m itted , as h a s m ost o f c h a p te r X L I (R e c e n t Y ears). T he final po rtio n o f th e latter c h a p te r form s th e C o n clu sio n to the present e dition. C h a p te r X L II (L ite r a tu r e a n d Jo u rn a lism ) has also been excised. It is really an a d d en d u m to th e m ain w o rk a n d like th e ch ap ters on po st-co n fed eratio n politics is o u t o f focus. T he b ack g ro u n d m aterial in c h a p te r III (L o c u s in Quo) has been cut a n d th e rem aining p a rt a d d ed to c h a p te r II. T h e c h ap ters in this edition have been re n u m b e red to a cc o m m o d a te these changes. T he present edition then retains D e n t’s original heavy e m p h asis o n the 1840s a n d is essentially a histo ry o f th e U n io n , 1841-67. T hese chronological lim its are recognized in th e title used in this p a p er­ back reprints: The L a st F o rty Years: T h e U nion o f 1841 to C on­ fe d e ra tio n . I have tried to m inim ize ad d itio n al excisions. R e d u n d an t m ate rial has been c u t as have topical references, especially th o se to men still living w hen D e n t w rote. U nnecessary d etails co n ce rn in g elec­ tion results a n d m inisterial changes have usually been cut. D ent often included se p arate b iographical sketches o f th e m em b ers o f certain g r o u p s - n e w m em b ers o f parliam en t o r new m inisters, for exam ple. S om e o f these are b rilliant b u t som e were included in the

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interests o f consistency a n d are neith er in fo rm ativ e n o r insightful. T hese latter have been o m itted , as have a few u n reaso n ab ly long q u o ta tio n s from official sources. T h e original index has been a d a p t­ ed fo r this e dition. O m issions are indicated by ellipses; explanatory' m aterial has been placed betw een sq u a re brackets. W hile responsibility for th is rep rin t is obviously m ine, 1 w ould like to acknow ledge th e assistance generously extended to m e by several individuals. M r. W illiam M orley, c u ra to r o f Special C ollec­ tio n s in th e D o u g la s L ib rary , Q u e e n ’s U niversity, a n d H . P. G u n ­ dy, e d ito r, Q u e en 's Q u a rterly, explained so m e puzzling oddities con n ected w ith n ineteenth century publishing. M r. Peter B askerville, a g ra d u a te stu d e n t at Q u e e n ’s U niversity, drew to m y a tte n ­ tio n so m e useful re fe re n c e s. M y w ife E le a n o r a n d M rs . M ay F o rre ste r, secretary in th e D e p a rtm e n t o f H istory, Q u een ’s U n iv er­ sity, extended invaluable assistance in th e p re p ara tio n o f th e final dra ft o f this b o o k .

D o n a ld S w ainson, O c to b er 1971 G a rd e n Island, O n ta rio

N o te s 1 B asic b io g ra p h ic a l in fo rm a tio n h a s been g le a n ed fro m th e follow ing: T o r o n to G lo b e , S e p te m b e r 29, 1888: T o r o n to M a il, S e p te m b e r 29 an d O c to b e r 2, 1888; T o r o n to E v e n in g T e le g ra p h , S e p te m b e r 28 a n d O c ­ to b e r 1, 1888; T h e W e e k , O c to b e r 4 , 1888; R . W . D o u g la s, " P r e f a to ­ ry S k e tc h " in Jo h n C h arle s D e n t, T h e G e rr a rd S tr e e t M y s te r y a n d O th e r W e ir d T a le s (T o ro n to , 1 888); T h e D o m in io n A n n u a l R e g is te r a n d R eview , 1883; A rc h ib a ld M a c M u rc h y , H a n d b o o k o f C a n a dian L ite r a tu r e ( T o ro n to , 1906); C h a rle s G . D . R o b e rts a n d A . L. T u n n e li, e d s., C a n a d ia n W h o W as W h o , v o l. 2 ( T o ro n to , 1938); W . S tew art W allace, T h e M a c m illa n D ic tio n a r y o f C a n a d ia n B io g ra p h y , T h ird E d itio n ( T o r o n to , 1 9 6 3 ); N o r a h S to r y , T h e O x f o r d C o m p a n io n to C a n a d ia n H is to r y a n d L ite r a tu r e (T o ro n to , 1967). 2 D o u g la s, o p . c it., iv. 5 L o c . cit. 4 L o c . cit. 5 T o r o n to G lo b e, S e p te m b e r 2 9 , 1888. T h e G lo b e w rite r p ro b a b ly c o n ­ fused th e situ a tio n by a ssu m in g th a t D e n t’s la te r p o sitio n o n th e p a p e r w as o f lo n g er d u ra tio n th a n w as th e case. D e n t m ig h t a lso h a v e d o n e s o m e freelan ce w o rk fo r th e G lo b e d u rin g th e early 1870s. 6 D o u g la s, o p. c it., iii. 7 D escrib ed b y E. A . W h itm o re as " c a rd ia c a s th m a ” , C a n a d ia n W ho W a s W h o , o p . cit. 8 P .A .O ., D ia r v o f H e n r y S c a d d in g , S e p te m b e r 2 8 , 1888. 9 T h e C a n a d ia n P o r tr a it G a lle ry , IV , v. 10 S e p te m b e r 2 9, 1888. " T h e title p a g e in clu d es th e fo llo w in g : " N o v a B ritannia', or. O u r N e w C a n a d ia n D o m in io n F o r e s h a d o w e d . B ein g a S e rie s o f L e c tu re s , S p e e c h e s a n d A d d re s s e s b y T h e H o n . A le x a n d e r M o r r is , P .C ., D .C . L . , E d ite d , w ith N o te s a n d a n I n tr o d u c t io n By a M e m b e r o f th e C a n a d ia n P ress ( T o r o n to , P u b lish e d b y H u n te r , R o s e a n d C o ., 1884).” M r. P eter B askerville w as k in d e n o u g h to d ra w to m y a tte n tio n th e in scrip tio n in th e c o p y o f N o v a B rita n n ia possessed by th e U n iv ersity o f W estern O n ta rio L ib ra ry : “ D r. G . W . B in g h am , W ith C o m p lim e n ts & g o o d w ishes fro m the E d ito r, J n o . C h as. D e n t. T o r o n to , 8 th M arch , 1884.” T h e issues p u b lish e d to ta l a single v o lu m e o f 384 pages. J a n u a ry 15, 1887. 14 L o c . cit. '■ Ib id ., F e b ru a ry 5, 1887. 16 T h e S to r y o f th e U pper C a n a d ia n R e b e llio n , I, 192. 17 Ib id ., I , 69. 18 Ib id ., I, 119-20. 19 Ib id ., I, 120. 20 S ir W illiam H o ld s w o rth , A H is to r y o f E n g lish L a w , XI I I (L o n d o n , 1952), 257. 21 F o r so m e m o re recen t tre a tm e n ts see A ileen D u n h a m , P o litic a l U nrest in U pper C a n a d a , 1815-1836 (T o ro n to , 1963, f.p . 1927); W illiam Kilb o u m . T h e F ire b ra n d , W illia m L y o n M a c k e n z ie a n d th e R e b e llio n in

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U p p er C a n a d a (T o ro n to , 1 956); G e ra ld M . C ra ig , U p p er C anada: T h e F o rm a tiv e Y ea rs, 1784-1841 (T o ro n to , 1 9 63); D a v id W . L. E a rl, e d .. T h e F a m ily C o m p a c t: A r is to c r a c y o r O lig a rch y? (T o ro n to , 1967). ” T h e S to r y o f th e U p p er C a n a d ia n R e h e llio n , I. 180. Ib id ., 1 ,2 3 . :j Ib id ., 1 ,2 3 1 -2 . Ib id ., I, 143. * Ib id ., I, 221. 27 Ib id ., 11,2 9 4 . 28 Ib id ., II. 295. M Ib id ., I I , 284. Ib id ., II. 330. " T h e W e e k , N o v e m b e r 19, 1885. c ite d in J o h n K in g . T h e O th e r S id e o f th e S to r y (T o ro n to , 1886), 18. R . W . D o u g la s (op. c it., v ) says o f T h e S to r y o f th e U p p er C a n a d ia n R eb ellio n : " W h e n M r. D e n t began his studies for th e b o o k h e h e ld W illiam L yon M ack en zie in high e steem , b u t h e fo u n d it necessary a fte rw a rd s to c h an g e his o p in io n ” . E vidence s u p p o rts th is s ta te m e n t. D e n t's sk etch o f M ac k e n zie in The P o r tr a it G a lle ry (II, 4 4 -5 3 ) c o n clu d es: " T h e C a n a d ia n p e o p le have lo n g a g o d o n e ju s tic e to his [M a ck e n z ie 's] m em ory’, an d h a v e re c o g ­ nized th e fact th a t a m o n g th e n a m e s o f th o se p a trio ts w ho h a v e m a n ­ fully a n d c o n sc ie n tio u sly stru g g le d fo r C a n a d ia n free d o m , few deserve a h ig h e r place th a n th a t o f W illiam L yon M ac k e n zie ” . ( 11,5 3 ) A t th e s a m e tim e D e n t d id n o t in c lu d e a sk etc h o f R o lp h a m o n g st tiis 204 b io g ra p h ie s o f fa m o u s C a n a d ia n s ! F o r a c o m m e n t o n his c h an g in g view o f M ack en zie see T o r o n to M a il, O c to b e r 2. 1888. T h e S to r y o f th e U p p er C a n a d ia n R e b e llio n , II. 235. " Ib id ., II, 314. u T h e follo w in g q u o ta tio n s a re fro m ib id ., II. 15. 30 5 , 306, 8 2 , 56, 93 n o te , 276, 107, 10, 3 2 0 , 36 n o te , 31 6 , 322 note. 15 K e n n e th N . W in d so r, " H is to ric a l W ritin g in C a n a d a to 1 9 2 0 ," in C arl F . K lin ck , e d .. L ite r a r y H is to r y o f C anada: C a n a d ia n L ite r a tu r e in E n g lish , C o rre c te d E d itio n ( T o ro n to . 1966). 2 2 9 -3 0 . "* See a b o v e p . ix. See a ls o K e n n e th W in d s o r , o p . c it., 2 3 1 -3 2 . O th e r h isto ria n s p laced ev en g re a te r e m p h a sis o n re sp o n sib le g o v e rn m e n t. C h arle s G . D . R o b e rts, fo r e x am p le, c o m m e n te d as follow s: “ T h e real begin n in g s o f a lite ra ry sp irit in C a n a d a m a y b e said to d a te from th e triu m p h o f R e sp o n sib le G o v e rn m e n t. T h a t stru g g le h a d b ro a d ­ e n ed m e n 's m in d s a n d ta u g h t th e m to th in k fo r them selves. W ith the con scio u sn ess o f p o w e r c am e th e d esire for e x p re ssio n .” (A H is to r y o f C a n a d a , B o sto n , N ew Y o rk , L o n d o n , 1 8 9 7 ,4 2 3 ). ” G e o rg e E. W ilso n . T h e L if e o f R o b e r t Baldw in: A S tu d y in th e S tr u g ­ g le f o r R e s p o n sib le G o v ern m en t ( T o ro n to . 1933), 9 6 . 160. 18 J a c q u e s M o n e t. " l.a C rise M e tc a lfe a n d th e M o n tre a l E lectio n , 18431844,” C a n a d ia n H is to r ic a l R eview , 1963, 1. " See below , p . 55. J" See below , p . 104. D e n t w as very firm o n th is p o in t. In a d iscu ssio n o f L o rd S ta n le y 's re la tio n sh ip w ith B ag o t h e s aid : " L o r d S tan ley w as n o h a rd a n d fast frien d to R esp o n sib le G o v e rn m e n t, b u t as R esp o n sible G o v e rn m e n t h a d b een expressly c o n ce d e d to th e C a n a d ia n s h e - a t all events for th e tim e - s h o w e d a p ro p e r respect fo r th e acts o f his p re d e ­

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cesso r, a n d issued his in s tru c tio n s to th e new G o v e rn o r-G e n e ra l a c ­ c o rd in g ly ." (S ee b elow , 7 5. See a lso b elo w , 10 6 -0 7 .) T h is issue o f re ­ sp o n sib le g o v e rn m e n t w as o b v io u sly c o n fu sin g to m a n y p eo p le. M e t­ calfe, fo r e x am p le, m a d e so m e re m a rk s a b o u t re sp o n sib le g o v e rn m e n t o n M ay 12, 1843 a n d c o m m e n te d : " L o r d S y d e n h a m p u t th e id e a in force w ith o u t su fferin g h im se lf to b e m u ch re stra in e d by i t . . ( Ci t ed in E d w a rd T h o m p s o n . T h e L if e o f C h a rle s. L o r d M e tc a lfe . L o n d o n , 1937, 36 4 .) In N o v a S c o tia " th e re w ere m a n y w illing to a rg u e th at re sp o n sib le g o v e rn m e n t w as really in tro d u c e d in 1839 [as a result o f L o rd J o h n R u ssell's d e sp a tc h to S ir J o h n H a rv e y , A u g u st 16, 1839].’’ (W . S. M a c N u tt, T h e A tla n tic P ro vin ces: T h e E m e r g e n c e o f C o lo n ia l S o c ie ty . 1 7 1 2 -1 8 5 7 . T o r o n to , 1965, 2 0 3 ). D e n t w as n o t th e o n ly h is to ­ rian co n fu sed o n th is p o in t. C h a rle s G . D . R o b e rts su g g ested th a t in 1841 S y d e n h a m "d e c la re d h im se lf b o u n d by th e prin cip les o f R e sp o n si­ ble G o v e rn m e n t. It w as n o t till so m e y ears la te r, h o w ev er, th a t these p rinciples c a m e to be re g a rd e d as firm ly e sta b lish e d a n d in full w o rk in g o r d e r ." (R o b e rts , o p . c it.. 3 0 7 ). J. C astell H o p k in s a rg u e d th a t by 1840-41, " T h e w o rd h a d now p ractically g o n e o u t th a t resp o nsible g o v e rn m e n t w as to be e sta b lish e d in B ritish A m e ric a .” ( P ro g ress o f C a n a d a in th e N in e te e n th C e n tu ry . T o r o n to , B ra n tfo rd a n d G u e lp h . 1900, 28 1 ). O n e o f D e n t's p red ecesso rs. J o h n M ercier M c M u lle n , was c loser to th e tru th w h en he said th a t u n d e r th e U n io n “ C a n a d a w as to receive ju s t a s little o f real R esp o n sib le G o v e rn m e n t as c o u ld possibly b e g ra n te d . T h e outw a rd fo rm o f th e system w as in d eed to be c o n c e d ­ ed, b u t th e e ssen tial essence w as to be w ith h e ld . . ." ( T h e H is to r y o f C a n a d a . T h ird E d itio n . B rockville. 1892, II. 160). O u r u n d e rs ta n d in g o f th e 1840s a n d 1850s w o u ld b en efit fro m a carefu l stu d y o f political term in o lo g y a n d a ssu m p tio n s c o n c e rn in g th e n a tu re o f th e political system . 41 S ir W illiam H o ld s w o rth , A H is to r y o f E n g lish L a w . X IV (L o n d o n . 1964). 12. S ee for e x am p le, J . C astell H o p k in s. P ro g ress o f C a n a d a in th e N in e ­ te e n th C e n tu r y . 2 8 9 . H o p k in s refers to M etcalfe as " th is in d o m ita b le a n d c o n sc ie n tio u s G o v e rn o r lig h tin g th e m o s t b itte r o p p o s itio n and e x tre m e a n d c o n tin u o u s su fferin g in w h a t h e d e e m e d to h e in th e cause o f th e C r o w n ." (E d ito r's italics). H o p k in s a lso c o m m e n ts: " I n th e new P ro v in ce o f C a n a d a L o rd S y d e n h a m m ight h a v e d o n e w h a t w as left for L o rd Elgin to a ch iev e a t a la te r p e rio d - c re a te d a w o rk in g system w hich w o u ld h av e h a rm o n iz e d so m e o f th ese co n flictin g in terests and a sp ira tio n s. H e h a d th e ab ility a n d th e n ecessary q u a litie s, b u t fate re m o v e d h im . . . " (Ib id .. 283) S y d e n h a m o f c o u rse c o u ld n o t have d o n e w h a t E lgin d id ! W . L. G r a n t discussed th e w eak n esses o f S y d e n ­ h a m 's sy stem : " I t is certa in th a t th e G o v e rn o r c o u ld n o t p e rm a n e n tly h a v e c o n tro lle d th e A sse m b ly ; a lre a d y a n o p p o s itio n w as g ro w in g up. b a se d o n d islik e o f S y d e n h a m 's a u to c ra c y , a n d o n th e claim s o f the F ren c h to o ffice: w o u ld S y d e n h a m hav e been w ise e n o u g h to see this, a s L o rd Elgin a fte rw a rd s d id . a n d to c h a n g e his p la n ? W e c a n n o t s a y ." ( O n ta rio H ig h S c h o o l H is to r y o f C a n a d a . T o r o n to , 1914, 2 1 7 ). T h e a ssu m p tio n is th a t policy w o u ld c h an g e a c c o rd in g to a g o v e rn o r's w is­ d o m ! F o r a recen t a n d e x tre m e sta te m e n t o f g u b e rn a to ria l p o w e r see R . M . a n d J. B aldw in. T h e B a ld w in s a n d T h e G rea t E x p e r im e n t (D o n

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M ills, O n ta rio , 1969) 197: “ In fairn ess to th e G o v e rn o r [M etcalfe], it is c erta in th a t h e h a d c o n v in c ed h im se lf th a t it w as a q u e stio n o f a d h e re n c e to th e C ro w n th a t n o w c o n fro n te d C a n a d ia n s . T h e in ex p lic­ a b le fact w as th a t he h a d co n v in c ed n o t o n ly L o rd S tan ley a n d the T o rie s u n d e r S ir R o b e rt Peel, b u t a lso L o rd Jo h n R ussell a n d th e O p p o sitio n , in c lu d in g C h arle s B uller. h im se lf a s tro n g a d v o c a te o f re­ sp o n sib le g o v e rn m e n t.'' See below , p. 103. H in c k s’ s ta te m e n t c o u ld hav e p ro v o k e d a careful analysis o f S ta n le y a n d c o lo n ia l p o licy . It d id n o t ho w ev er. See fo r ex am p le J . C aste ll H o p k in s . T h e S to r y o f th e D o m in io n : F our H u n d r e d Years in (h e A n n a ls o f H a l f a C o n tin e n t (P h ila d e lp h ia . C h i­ c ago a n d T o r o n to . 1901). 286 -8 8 a n d C h e s te r M a rtin . E m p ir e a n d C o m m o n w e a lth : S tu d ie s in G o vern a n ce a n d S e lf-G o v e rn m e n t in C a n a ­ d a (O x fo rd , 1929), 2 8 0 -3 0 3 . M artin held M etc a lfe p erso n ally re sp o n si­ ble fo r th e p o licy he a d m in iste re d . In a d iscu ssio n o f “ M etcalfe’s offi­ cial m a n n e r" h e c o m m e n te d : “ B agot a n d Elgin, w ith th a t su b tle a lc h e ­ m y in w hich b o th excelled, gav e th e ir co n fid en ce u p o n p rinciple. M e t­ calfe did n o t s u b sc rib e to th e ir p rin cip les, a n d his o w n d o w n rig h t h o n ­ esty fo rm ed a b a rrie r o f reserve w h ich seem ed to im p ly a laten t hostility from th e o u ts e t." (2 8 2 ). See V . J . Jen se n , " P re -C o n fe d e ra tio n C a n a d a : A N ew L o o k a t R e ­ sp o n sib le G o v e rn m e n t" , in W . L . M o rto n , et. a t.. F o u r O c ca sio n a l P a p ers o n C a n a d ia n H is to r y (W in n ip e g . 1963). 10. 17; W illiam O rm sby, " S ir C h arle s M etcalfe a n d th e C a n a d ia n U n io n ." C a n a d ia n H is­ to rica l A sso c ia tio n . A n n u a l R e p o r t. 1961. p a s sim : W illiam O rm sb y , T h e E m e r g e n c e o f th e F ed era l C o n c e p t in C a n a d a . IS J 9 -I S 4 5 (T o r o n ­ to , 1969). p a ssim . A recent c o m m e n t by J o h n W . C ell sug g ests th a t M etc a lfe 's in tran sig e n ce o n th e q u e stio n o f p a tro n a g e m ig h t h a v e re ­ flected m o re th a n a p erso n al view o r a C o lo n ia l O ffice policy d ire c te d specifically a g ain st C a n a d ia n R efo rm e rs: " T h e n u m b e r o f p o sitio n s actu ally a t th e d isp o sal o f th e secretary o f s ta te w as far m o re lim ited th a n m ight be e x p ec te d . M uch o f th e p a tro n a g e in in d iv id u al co lo n ies b e longed to th e g o v e rn o rs: a tre n d th a t in creased in th e m id -n in ete e n th c e n tu ry as d e p a rtm e n ts in th e B ritish g o v e rn m e n t su ch as th e T reasury' a n d th e P ost O ffice relaxed th e ir h o ld a n d as th e C o lo n ia l O ffice itself conscio u sly e n la rg e d th e g o v e rn o r's a p p o in tm e n ts in an a tte m p t to stre n g th e n his local b a se o f p o w e r." ( B ritish C o lo n ia l A d m in istr a tio n in th e M id -N in e te e n th C e n tu ry : T h e P o lic y -M a k in g P ro cess. N ew H av en a n d L o n d o n . 1970. 5 2.) D . G . C re ig h to n . " T h e V ic to ria n s a n d th e E m p ire ." C a n a d ia n H is to r ­ ic a l R e v ie w . 1938. 138. J. G . B o u rin o t. L o r d E lgin (T o r o n to . 1903); G . M . W ro n g . T h e E a r l o j E lg in (L o n d o n . 1 905): W . P. M . K e n n ed y . L o r d E lg in (T o ro n to , 1926); J. L. M o ris o n . T h e E ig h th E a rl o f E lg in (L o n d o n . 1928). M o riso n w as a S c o t. w h o served fo r several y ears as D o u g la s P ro fe sso r o f H istory in Q u e e n 's U n iv ersity a t K in g sto n . S ignificant c o n trib u tio n s hav e been m a d e in recent y e ars in n u m e ro u s a re a s . See for ex am p le: D . G . C re ig h to n . T h e E m p ir e o j th e S t. L a w ­ ren c e (T o ro n to . 1956. f.p . 1937): F . A . W alk er. C a th o lic E d u c a tio n a n d P olitics in U p p er C a n a d a ( T o ro n to . 1955): J . S. M o ir. C h u rch a n d S t a t e in C a n a d a IV e\t ( T o ro n to . 1959); J. E. H o d g e tts. P io n ee r

TH E LAST FO R TY YEARS

P u b lic S erv ic e : A n A d m in is tr a tiv e H is to r y o f th e U n ite d C a nadas. 1 8 4 1 -1 8 6 7 ( T o ro n to , 1955); G ilb e rt N o rm a n T u c k e r, T h e C a na d ia n C o m m e r c ia l R e v o lu tio n . 1 8 4 5-1851 (T o ro n to , 1964, f.p . 1936); F e r­ n a n d O u ellet, H is to ire E c o n o m iq u e e t S o c ia le D u Q u eb ec 1 7 6 0-1850 (M o n tre a l a n d P a ris, 1 966); S . F . W ise a n d R o b e rt C ra ig B ro w n , C a n a ­ da V iew s th e U n ite d S ta te s : N in e te e n th C e n tu ry P o litic a l A ttitu d e s (T o ro n to , 1 967); Jac q u e s M o n e t, T h e L a s t C a n n o n S h o t: A S tu d y o f F re n ch -C a n a d ia n N a tio n a lis m . 1 8 3 7 -1 8 5 0 ( T o ro n to . 1969). S o m e o f his c o n clu sio n s w ere insightful ^ n d a n tic ip a te d ‘revisionist' assessm en ts. J . B. B reb n er, fo r e x am p le, d iscu ssed th e issue o f p a tro n ­ age in a w e ll-k n o w n article: “ P a tro n a g e a n d P a rliam e n ta ry G o v e rn ­ m e n t" (C a n a d ia n H isto rical A sso c ia tio n , A n n u a l R e p o rt. 1938). A fter c o m m e n tin g o n d iscu ssio n s o f p a tro n a g e in G re a t B ritain a n d the U n ite d S ta te s, h e re m a rk e d : " W h e n o n e co n sid e rs th e th o u g h tfu l a n a l­ ysis o f th ese m a tte rs in g en eral B ritish a n d A m e ric a n h isto ries, it seem s n o t to o m u c h to say th a t C a n a d ia n h isto ria n s h a v e failed in th e ir duty to th e ir n a tio n b y a s o r t o f tacit c o n sp irac y to su p p re ss th e sam e e lem ents in B ritish N o rth A m e ric a n h is to ry ." (2 5 -6 ). B re b n e r's a rg u ­ m e n t d o es n o t a p p ly to D e n t, w h o se discu ssio n o f p a tro n a g e w as b o th full a n d realistic. (S ee 110-14, 122-4, 126-8). E d w a rd T h o m p s o n ’s c o m ­ m e n t o n M etc a lfe ’s view o f p a tro n a g e is in terestin g : “ In e v ita b ly , to a m a n w ho h a d s p en t his life in In d ia , p a tro n a g e w as all i m p o r ta n t. . . P a ­ tro n a g e w as th e sp rin g a n d fra m e w o rk o f g o v e rn m e n t, it was g o v e rn ­ m e n t, a n d su rre n d e rin g it y o u su rre n d e re d a ll.” (T h o m p so n , op. c it., 389). D e n t’s c o m m e n t o n C a n a d ia n o p in io n a n d th e A m e ric a n Civil W a r b e ars q u o tin g : “ C a n a d ia n s g en erally fa v o u re d th e S o u th e rn c a u s e ." (S ec b e lo w , 2 8 6 ). A re c e n t re v is io n is t s tu d y c o n c lu d e s : “ F r o m th e s o u rc es n o w av ailab le . . . th e b est th a t th e p re s e n t w riter c a n say is th a t c o n tra ry to p re v io u s fin d in g s p u b lic o p in io n p ro b a b ly w as so m ew h a t m o re a n ti-N o rth e r n th a n h as b een th o u g h t, th a t a m a jo r p o rtio n o f the B ritish N o rth A m e ric a n p ress w as o u ts p o k e n ly a n ti-N o rth e r n , a n d th a t to th e resid en ts o f th e N o rth e rn S ta te s a t th e lim e th e p e o p le o f British N o rth A m e ric a m u st hav e seem ed p re d o m in a n tly p ro -S o u th e rn , since th e con se rv a tiv e press w as m o re vocal th a n w as th e lib eral p re s s.” ( R o b ­ in W . W in k s, C a n a d a a n d th e U n ite d S ta te s : T h e C ivil W a r Years, B al­ tim o re, 1960, 209). H o ld s w o rth , op. c it.. X IV . 285. Ib id ., 278-79. C h este r M a rtin . " T h e U n ite d S ta le s a n d C a n a d ia n N a tio n a lity " , C a ­ n a d ia n H is to ric a l R eview . 1937. 4. Ibid., 5. L o c . cit. See below , 293. See below , 293-94. Sec below , 294. L 'A b b e C a s g ra in , " L e s Q u a ra n te d e rn ie re s an n ees: L e C a n a d a depuis 1’ U n io n de 1841, p a r J o h n C h a rle s D e n t. - E tu d e c ritiq u e ," R o y al S o ­ ciety o f C a n a d a , T ra n sa c tio n s, Section I . V o lu m e 2 (1 8 8 4 ), 5 6 -5 7 . O rig in al e d itio n . II, 558. See below , 190. See below , 19.

N O TES O N IN T R O D U C T IO N

xxix

62 See belo w , 86-87. "J O n th is po in l see W illiam O rm s b y , T h e E m e r g e n c e o f th e F ed era l C o n c e p t in C a n a d a . 1 8 3 9 -1 8 4 5 ( T o ro n to . 1969). J a c q u e s M o n et a ss o ­ ciates th e tw o issues: “ La F o n ta in e a cc e p te d th e U n io n , a n d by w in ­ ning re sp o n sib le g o v e rn m e n t, g u a ra n te e d for th e C a n a d ie n s th e ir rig ht to b e th e m selv e s.” ( T h e L a s t C a n n o n S h o t: A S tu d y o f F re n ch -C a n a d ia n N a tio n a lis m . 1837-1850. T o r o n to , 1969, 3 9 9 ). H . B u tterfield , T h e W h ig In te r p re ta tio n o f H is to r y (N ew Y o rk , 1965), v. M W in d so r, op. c it., 225. “ H ilda N e a tb y , " N a tio n a l H is to ry ” , in R o y a l C o m m iss io n S tu d ie s : A S e le c tio n o f E s s a y s P re p a re d F o r T h e R o y a l C o m m iss io n on N a tio n a l D e ve lo p m e n t in th e A r ts . L e tte r s a n d S c ie n ce s (O tta w a , 1951). 207. 67 R o y D anielis. " C o n fe d e ra tio n to th e F irst W o rld W a r " , in K lin ck , op. c it., 194. M Ib id ., 199. ^ Ib id ., 203. D e n t w as active in th e p ro m o tio n o f C a n a d ia n c u ltu re . A r e tu rn s w as fo u n d e d , a t least in p a rt, to p ro m o te n a tiv e ta le n t. R . W . D o u g la s c o m m e n te d : " I believe h e h a d d o n e m o re th a n an y o th e r m an to a w ak e n a m o n g th e p eo p le a n in te re st in m a tte rs exclusively C a n a d i­ a n ." (T o ro n to M a il, O c to b e r 2, 1888). A n in terestin g ex am p le o f c u l­ tu ra l sto c k -ta k in g is J. G . B o u rin o t, T h e In te lle c tu a l D e ve lo p m e n t o f th e C a n a d ia n P e o p le (T o ro n to , 18 8 1 ). 711 F o r a n excellent s tu d y o f C a n a d ia n a ttitu d e s to th e U n ite d S ta te s in th e n in e te en th century see W ise a n d B ro w n , o p . cit. 71 See below , 294. 7: O rig in a l ed itio n . II. 59-60. 71 See below , 75. 74 T h e S to r y o f th e U p p er C a n a d ia n R e b e llio n , I, c h a p te r 8. 7- T h e C a n a d ia n P o r tr a it G a llery. I, 104. 7t See below . 23. 77 See below , 139. 7* See belo w , 139. F o r a d efen ce o f D ra p e r see G e o rg e M etc a lf, T h e P o liti­ c a l C a re e r o ) W illia m H e n r y D ra p er. 1836-47, M .A . thesis. U n iv ersity o f T o r o n to , 1959. 79 S ee W in d so r, o p. c it., 215. I'" D e n t referred to th e w o rk as a " H is to ry o f O u r O w n T im e s ." See p ro sp e c tu s p rin ted o n P a n I o f T h e L a s t F o r ty Years. xl O rig in al e d itio n . II. 122 S o m e m u lti-v o lu m e w o rk s w ere so ld by s u b sc rip tio n , b u t not in p a rts. T h a t is. su b sc rib e rs a g re ed to b u y th e v o lu m es as th e y a p p e a re d . I d o n o t know if th is w as d o n e w ith T h e L a s t F o r ty Y e a rs. T h e D o u g la s Library . Q u e e n 's U n iv ersity , h as th e lirst n in eteen o f tw e n ty fo u r p a rts. I hav e n o t seen p a rts X X -X X IV . *J C a n a d ia n M o n th ly a n d N a tio n a l R e v ie w , A u g u st. 1881. ' ' T h e first tw o m o n th ly p a rts w ere review ed in th e C a n a d ia n M o n th ly a n d N a tio n a l Review in A u g u st 1881. H o w ev e r, it is unlikely th a t they h a d been in p rin t fo r very lo n g , b e ca u se th e review er h a d seen o n ly tw o p a rts. I f th e review w as s u b m itte d a m o n th o r tw o b e fo re A u g u st, th e first p a rt w as p ro b a b ly p u b lish ed in th e S p rin g o f 1881. T h e tw en ty fo u rth p a rt w o u ld n o t have b een p u b lish e d u n til th e S p rin g o f 1883.

C hapter I

Lord D urham . O ne day. to w ard s th e end o f th e m onth o f July. 1840, an English n oblem an lay dying at C ow es, in th e Isle o f W ight. It had long been evident to those a b o u t him th at his days w ere n u m b ere d . He cam e o f an energetic, yet w ithal a som ew hat short-lived race, and had inherited a feeble c o n stitu tio n , com bined w ith a soaring but capricious a m b itio n , an irritable tem p e r, a m o rb id egotism , a n d a fondness for h a rd w o rk . H e had from his b o y h o o d suffered from an ungovernable tendency to fretfulness a n d w orry, and an utter inca­ pacity for possessing his soul in patience w henever his too suscepti­ ble n a tu re w as w o u n d e d . T h e se in c o n g ru o u s c o n d itio n s h a d b ro u g h t a b o u t their legitim ate results, a n d th e R ight H o n o u ra b le Jo h n G eorge L a m b to n , first Earl o f D u rh a m , lay racked w ith pain o f m ind a n d b o d y , w ith the san d s o f his life rapidly ru n n in g th em ­ selves o u t. His physicians had advised him a few w eeks before to try th e effect o f the balm y breezes o f so u th ern F ra n c e. His L ordship well knew w h at such advice m eant in th e present instance. It sim ply m eant th a t his physicians w ere at th e end o f their resources, and th at his exhausted system w ould no longer respond to their n o s­ tru m s. T hen cefo rth h e knew th at his length o f days w ould sim ply depend upon how m uch m o re his overstrained nervous organization m ight be able to e n d u re. H e w as able to gauge his ow n pow ers o f e n d u ran c e pretty accurately, a n d he felt th a t his life's w ork w as over. H e had resolved, how ever, to act upon th e suggestion o f his m edical advisers, a n d . w ith o u t even paying a farewell visit to his princely h om e in th e n o rth - an a b o d e well fitted, b o th inside and o u t, to ran k a m o n g th e stately hom es o f E ngland - he h a d set forth from his T o w n -h o u se in Hill S treet, Berkeley S quare, for the c o n ti­ nent. A s m a tte r o f fact, he w as not fit to travel, even after the luxurious fashion w hich w as his w ont. U p o n his arrival a t S o u th ­ a m p to n he found h im self so w eak as scarcely to be able to stand

2

T H E LA ST FO R T Y YEARS

alone. A trem bling o f the lim bs a n d a fluttering o f th e h eart w arned him o f his unfitness for any fu rth er exertion. A rough and heavy sea cam e rolling in from the C h a n n el, a n d it w as evident th a t the passage on th a t day w ould be even m ore than usually try in g to a sensitive a n d debilitated fram e. F u rth e r progress m ust for th e tim e be ab an d o n e d . A s the event proved, the a b a n d o n m e n t w as final. A fter resting for a day, th e invalid passed over to C ow es, not w ithout ho p e th a t there, p e rad v e n tu re , he m ight regain sufficient strength to enable him to resum e his jo u rn ey . T h e ho p e proved fallacious. H is vital forces were exh au sted . His p e tu la n c e - f o r his L o rd sh ip was p e tu la n t, a n d h ad , as has been intim ated, a high tem p er o f his ow n - w as never again to d istu rb the peace o f m ind o f his august father-in-law . n o r even o f his personal a tte n d a n ts. H e never regained sufficient vigour even to b erate his valet. O n th e 26th o f th e m onth his physician-in-chief w as su m ­ m oned for th e last tim e, a n d gave it as his op in io n th at his L ordship w ould not live to see the light o f a n o th e r day. " T h e n .” said th e dying m an . w ith playful m elancholy, “ the legend is tru e, a n d I shall not die at L a m b to n ." A fter a pause, he a d d ed in a faint voice: "I w ould fain ho p e I have not lived altogether in vain. W hatever the T ories m ay say. the C a n a d ia n s will one day do justice to m y m em o­ ry ." T h e rem ark a b o u t his not dying at L am b to n h a d reference to a phase o f an old legend w hich predicted th at for an indeterm inate n u m b er o f gen eratio n s no h e ad o f the house o f L am b to n should die at hom e. T he p rophecy had been uttered as far back as th e days o f th e C rusades, a n d w as devoutly believed by th e p easan try in the neig h b o u rh o o d o f L am b to n du rin g th e early years o f th e present century. It is p ro b ab ly not w holly discredited by them even at the present day. n o tw ith stan d in g th at the historical records o f th e fam i­ ly establish b e yond dispute th a t som e leading representatives o f th e race have died c o m fo rtab ly at hom e. W e can alTord. at this distance o f tim e, to sm ile at his L o rd sh ip 's reference to th e weird family legend o f th e W orm o f L a m b to n : but his allusion to his C an ad ian m ission has an ever-living interest for th e people o f this D om inion. C a n ad ian s o f all shades o f political conviction - w h e th er T ories. L iberal-C onservatives. G rits o r R eform ers - have long since done justice to his m em ory. T he p hysician's prediction overshot th e m ark . L o rd D urham lingered till th e 28th o f th e m o n th , w hen he b reath ed his last. H e w as only forty-eight years a n d three m o nths old. H e had gained a very high political re p u ta tio n , and if life a n d health h a d been spared to him h e w ould doubtless have left a n a m e as w idely know n to posterity as it w as to his c o n te m p o ra ries. " C a n a d a has been the death o f h im ." rem ark ed Jo h n S tu a rt M ill, w hen intelligence o f his L o rd sh ip 's dem ise reached L o n d o n . T h e saying w as in a g reat m ea­ su re true. P ro b ab ly L o rd D u rh a m w ould not u n d e r the m ost favour-

LORD DURHAM

3

able con d itio n s have a tta in e d to a p atriarchal age, but he m ight well have lived a few years longer th an h e did if he h a d kept clear o f poli­ tics, L ord B rougham , a n d - above all - C a n ad a . T o keep clear o f politics, how ever, w ould have been no easy task for th e son o f W illiam Henry' L am b to n . T his gentlem an w as in his day a very conspicuous a n d influential m em b er o f the W hig party. H e for m any years sat in the H ouse o f C o m m o n s for th e city o f D u rh a m , and was know n to hold very advanced opinions upon m any subjects alto g eth er unconnected with politics. H e w as a p e r­ so n a l frien d a n d s ta u n c h p o litica l ally o f C h a rle s J a m e s F o x . T rain ed by such a father, a n d in such a sch o o l, it is not to be w ondered at if Jo h n G eorge L am b to n w as a Liberal o f the L iber­ als, not only by right o f descent, but right o f conviction. A s he grew up to m an h o o d he began to display a keen interest in politics. He developed m any statesm anlike qualities, a n d th e b readth o f his views seem ed to som e o f his c o n tem p o raries alm ost like inspiration in o n e o f his ra n k . H e som etim es startled even his father by the boldness o f his speculations on h u m a n equality and p o p u lar rights. He w as well versed in the literatu re o f politics, a n d in ad dition to great natu ral ability w as possessed o f m uch a cq u ired know ledge. U nfo rtu n ately , he also displayed qualities w hich th reaten ed to seri­ ously interfere with his usefulness as a public m an . H e seem s to have had an u ncom m only sh a rp a n d bright, but ra th e r ill-balanced, intellect. H e som etim es did extravagant things, and was slow to adm it an e rro r. H e w as aggressive and pertinacious, strong in his likes and dislikes, a n d very deficient in tact. W ith all his faults, how ever, he w as a m an o f g reat intellectual vigour, o f decided op inions, and h o n o u ra b le am b itio n . H e en tered th e H ouse o f C o m ­ m ons for the c o u n ty o f D u rh am w hen he w as only tw enty-one years o l age, and so o n m ad e h im self a c onspicuous figure there by his ad vanced political view s, as well as by his den u n ciatio n s o f the non-progressive party in pow er. H e could m ake a very scathing speech, a n d w as alw ays ready for a tta c k . T he L iberals recognized his abilities, and began to look u p o n him as their rising hope. He m aterially stren g th en ed his position w ith his p a rty by his m arriage, in 1816, to the eldest d a u g h te r o f Earl G rey . His influence from th at tim e forw ard rapidly grew , until he w as o n e o f the forem ost m en in English public life. H e in troduced into Parliam ent various m easures o f radical re fo rm :a m o n g them a Bill w hich, had it passed, w ould have left .the fam o u s m easure o f 1832 far beh in d . In 1828 he w as raised to th e peerage by th e title o f Baron D u rh a m . U p o n the form ation o f his father-in-law ’s M inistry, in 1830, he accepted o f­ fice as L ord Privy Seal. H e had a sh a re in the p re p ara tio n o f the R eform Bill, but ow ing to ill-health and dom estic calam ity his part in th e ensuing debates was less c onspicuous th an it w ould otherw ise have been. In 1833 he resigned office, and w as created Viscount

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L am b to n a n d Earl o f D u rh a m . A s a C ab in et M inister he w as not p o p u la r with his colleagues, ow ing to his Irequent ebullitions o f tem p e r, and the incisive sharpness o f his to n g u e. T he private m em ­ oirs a n d corresp o n d en ce o f th e period a b o u n d with instances o f his p etulance and w an t o f self-control. L ord G re y w as very frequently th e object o f his attacks, a n d th e d ecorous, w ell-m eaning Prim e M inister w as w ont to quail at the frow n o f his im petuous and unconventional son-in-law , w ho at tim es seem ed to ta k e a positive delight in c o u rtin g an ta g o n ism . His p ro m in en t position in th e ranks o f the Liberal p arty m ade him an object o f a n tip a th y to Lord B rougham , w ho co u ld not b e ar th a t any o th e r m an th an him self should be considered o f m uch account there. L ord D u rh a m was ready enough to retort the a n tip a th y , a n d at a b an q u et given to L o rd G rey by th e R eform ers o f E d in b u rg h , in 1834. m ade a speech in reply to his a n ta g o n ist, w hich thenceforw ard rendered the enm ity betw een them o n e o f intense a n d caustic bitterness. B rougham was a savage a n d u n sp arin g foe. a n d bided his tim e w hich did not arrive until after the lapse o f several years. W hen it did arrive it was taken eager advan tag e of. a n d th ere can be no reasonable d o u b t th a t the fierce o p position to L ord D u rh a m w hich w as set on foot by L ord B rougham had th e effect o f sh ortening th e fo rm er's life. B ro u g h am 's o p p o rtu n ity cam e to him in c onnection with the d isturbed sta te o f affairs in C a n a d a . T h e tro u b les in th at colony, w hich had long been g ath e rin g to a h e ad , culm in ated , in 1837 and 1838. in op en rebellion. . . . It w as evident to the Im perial au th o rities th a t so m e change in th e C an ad ian co n stitu tio n w as im peratively required. T h eir weak b ut w ell-m eant efforts to govern the colony in accordance w ith the p o p u la r will had thus far proved w holly ineffectual. T h e condition o f affairs w as m uch m ore serious in the L ow er th an in the U pper Province. In th e latter th e great m ass o f the people w ere loyal subjects, and th o u g h m any o f them h a d been goaded into rebellion by the d o m in a tio n o f th e Fam ily C o m p ac t a n d the unw ise adm inis­ tratio n o f a rb itra ry L ie u ten a n t-G o v ern o rs, there had been no w ide­ sp re ad desire to th ro w o ff th e British yoke. T he local m ilitia and volunteers had been found fully equal to th e task o f p u tting dow n th e a tte m p ted insurrection. Very different w as the case in Lower C a n a d a , w here a large m ajority o f the people h a d long been disaf­ fected a n d ripe for revolt. R egular tro o p s were called into requisi­ tio n . Several conflicts to o k place which m ight alm ost be dignified by th e n a m e o f pitched battles, a n d there w as c onsiderable effusion o f b lo o d . Sir Jo h n C o lb o rn e, w ho h a d charge o f th e m ilitary, w as an old Peninsular cam p aig n er w ho had fought at W aterlo o . H e did n ot believe in playing w ith revolution, a n d put it dow n with a considerable degree o f severity. It is d o u b tfu l if there w as ever the rem otest prospect o f success for the rebels, even in th e L ow er Prov­

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ince, but th e o u tb rea k there w as a t all events o f a c h ara cte r not to be despised. T h e Im perial a uthorities found it necessary, in the m o n th o f F e b ru a ry . 1838, to susp en d the constitu tio n o f L ow er C a n a d a . It w as well u n d e rsto o d th a t th e crisis w as o n e calling for im m ediate actio n . It w as even ap p reh e n d ed th a t th e rebellion m ight not be confined to the tw o C a n a d a s, for there w as m uch excitem ent in th e M aritim e Provinces, and an o u tb rea k there w as regarded as a m o n g th e possibilities o f th e near future. T h e plan finally d e te r­ m ined upon by th e H om e G o v e rn m en t w as to sen d o u t a high fu n ctio n ary to C a n a d a arm ed w ith ex tra o rd in a ry pow ers, to report upon th e c o nd ition a n d requirem ents o f th e c o u n try , civil a n d p o lit­ ical. T h e G o v e rn m en t w ould th u s acquire an a cc u rate know ledge o f the existing sta te o f affairs, and w ould be in a position to inaugurate useful legislation - a task by no m eans easy o f accom plishm ent in the face o f such c o n tra d ic to ry info rm atio n as had reached them from T o ro n to . Q uebec, a n d M o n tr e a l.. . . O n th e 22nd o f Ja n u a ry . 1838. L ord Jo h n Russell, leader o f the G o v e rn m en t p arty in th e H ouse o f C o m m o n s, a n n o u n ce d in that c h am b er th a t H e r M ajesty h a d been pleased to e n tru st th e conduct o f the C a n a d ia n inquiry a n d re p o rt, with th e high pow ers im plied in the a p p o in tm en t, to L ord D u rh a m : a n d accordingly his L ordship w as duly a p p o in te d H igh C o m m issio n er, with very full a u th o rity , as well as G o v e rn o r-G e n e ra l o f British N o rth A m erica. His m ission w as a com prehensive one, but its principal object w as th e a d ju st­ m ent o f “ certain im p o rta n t questions depending in th e Provinces o f L ow er a n d U p p e r C a n a d a ." H e proceeded across the A tlan tic, and reached Q uebec to w a rd s th e close o f M ay. H e addressed him self t J th e object o f his m ission with characteristic energy, a n d spent a little m ore th an five m o n th s in C a n a d a . H e a d o p te d w hat Bassanio calls " a sw elling p o rt,” a n d travelled a b o u t the c o u n try in a fashion alm ost regal. He deem ed h im self to have been clothed w ith the pow ers o f a d icta to r, a n d c o n d u cted him self accordingly. T h e C a n ­ a d a Bill, how ever, h a d been sh o rn o f m any o f its original features d u rin g its passage th ro u g h P arliam ent, and the High C o m m issio n ­ e r's pow ers h a d been c onsiderably curtailed in th e process. Lord D u rh a m dem ean ed h im self as th o u g h he felt untram m elled by the laws w hich govern o rd in ary m o rtals, a n d altogether independent o f a u th o rity , w hether Im perial, colonial, o r o th er. It is difficult to d raw th e line at th e precise sp o t w here he overstepped the bound s o f th e a u th o rity w herew ith he h a d been e n tru ste d , but it is im possi­ ble to deny th a t som e o f his acts w ere w holly beyond the scope o f his pow ers. O n e o f th e m ost h arassing p roblem s w hich stared him in th e face was how to dispose o f the rebel prisoners, large num bers o f w hom lay in gaol at M ontreal and elsew here in the Low er Province u n d e r charges o f high trea so n . T hese prisoners h a d not been tried. T o try them in th e regular m an n e r w ould have involved

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g reat co st, long delay, a n d an ultim ate m iscarriage o f justice. If the o rd in ary course o f pro ced u re had been resorted to it w ould have been im possible to secure convictions, inasm uch as th e ju ry m en w o u ld have been chiefly d ra w n from th e ra n k s o f those w ho sy m p a­ thized w ith th e rebellion. Such ju ry m e n w o u ld never have found a verdict o f guilty against th eir u n h ap p y fellow -countrym en, w ho had d o n e no m o re th an they them selves h a d felt inclined to d o . T ru e, it w ould have been practicable to obtain packed j u r i e s - a device not wholly u n k n o w n in L ow er C a n a d a u n d e r som e o f L o rd D u rh a m 's predecessors. But his L o rd sh ip , n o tw ith sta n d in g certain defects o f tem p er a n d c o n stitu tio n , w as a high-m inded m an . T o o n e so consti­ tu te d th e p ack in g o f ju ries for any p u rp o se w hatever is an odious ta sk , a n d in th e p articu lar case u n d e r co n sid eratio n su ch a proceed­ ing w ould sim ply have been judicial m u rd e r. It w ould have been m ost im politic, how ever, to bid the rebels go free, w ith o u t any m ark o f c o n d e m n a tio n . A lth o u g h they h a d never been trie d , their c onnection w ith th e rebellious m ovem ent w as a m a tte r beyond dis­ pute. T h e m ost effectual rem edy seem ed to his L o rd sh ip to be the p ro c la m a tio n o f a general am nesty, w ith exceptions in case o f the ringleaders; a n d this course w as finally a d o p te d . By th e Im perial A ct w hereby th e colonial co n stitu tio n h a d been su spended, te m p o ­ rary provision for th e g overnm ent o f L ow er C a n a d a h a d been m ade by th e creation o f a Special C ouncil, th e decrees w h e reo f w ere to have th e sam e effect as Legislative en ac tm e n ts o rdinarily have. T his C ouncil h a d been su m m o n ed by Sir Jo h n C o lb o rn e, L ord D u r­ h a m ’s predecessor in th e g overnm ent o f C a n a d a , a b o u t six weeks before th e la tte r’s arrival in th e colony. T h e C ou n cillo rs, how ever, h a d been notified by Sir Jo h n C o lb o rn e th a t th eir a p p o in tm e n t w as m erely p rovisional, a n d th a t his successor w ould e n te r on th e dis­ charge o f his duties un fettered as to th e choice o f C ouncillors. Im m ediately a fte r his arrival L ord D u rh a m dissolved this provision­ al C ouncil, a n d a p p o in ted a new one o n his ow n a cc o u n t, which w as largely co m p o sed o f m em bers o f his ow n staff. T h is step , which w as a fterw ards m ad e a g ro u n d o f offence against him by som e o f his enem ies, w as in reality a wise proceeding, a n d ten d e d a t th e tim e to inspire a d d itio n al c onfidence in his A d m in istra tio n on th e part o f loyal subjects. V arious com m issions w ere then o rg a n iz e d ,.to in ­ qu ire into th e sta te o f e d u ca tio n , m unicipal institutions, C row n lands, a n d im m ig ratio n . A n accurate retu rn o f the rebel prisoners w as o b tain e d , a n d then th e g reat pro b lem w as dealt w ith after a tru ly original a n d h ig h -h an d e d fashion. His Excellency open ed n e ­ g o tia tio n s w ith W olfred N elso n , R. S. M . B ouchette, a n d other p e rso n a g e s w h o h a d ta k e n a le a d in g p a r t in th e in s u rre c tio n a ry m ovem ents, a n d received from them a c o m m u n ica tio n in which th ey p la c e d th e m se lv e s e n tire ly a t his L o r d s h ip ’s d is p o s a l, a n d p rayed th a t th e peace o f th e c o u n try m ight not be end an g ered by a

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trial. T h eir p rayer w as g ra n te d . T hey w ere w ith o u t any form ula o f trial placed on b o a rd H er M ajesty’s steam sh ip V estal, a n d tra n s­ p o rted to B erm uda, a n d th e penalty o f d e ath w as pro n o u n ced against them in case o f their retu rn to C a n a d a w ith o u t perm ission from th e G o v e rn o r o r o th e r person adm inistering th e G o v ern m en t on b e h alf o f H e r M ajesty. W ith respect to L ouis Jo sep h P apineau. D r. O 'C a lla g h a n , G e o rg e E tienne C a rtie r, a n d o th e r persons to the n u m b e r (in all) o f sixteen, w ho had fled from the Province to avoid the consequences o f their trea so n a b le acts, a sim ilar penalty was p ro n o u n c ed in case o f their u n au th o rized re tu rn . A general am nesty w as p ro n o u n c ed with respect to all o th e r persons w ho had p a rtici­ pated in the m o v em en t, w ith th e exception o f those w ho had been c oncerned in th e m u rd e r o f L ieutenant W eir a n d Joseph C h a rtra n d . T hese latter w ere trea te d as m u rd erers, w ho had no right to expect th e clem ency due to m ere rebels. Such was th e p u rp o rt o f the o rd in an c e, d a te d th e 28th o f Ju n e . 1838. w hich w as destined to bring dow n upon L ord D u rh a m 's devoted head th e th u n d ers o f his enem ies on both sides o f the A tlantic. B rougham , w ho. since th e E dinburgh b a n q u et, h a d o m it­ ted no o p p o rtu n ity o f decrying him , and o f sp eak in g w ith co n tem p t o f his jeju n e sta te sm a n sh ip , girded up his loins for an acrim onious attack in th e H ouse o f L ords. T h a t the High C o m m issio n e r had rendered h im self peculiarly o pen to a tta ck w as u n d o u b te d .. . . But L o rd D u rh a m w as by no m eans w ith o u t m oral ju stific atio n , even for th e m ost hig h -h an d ed o f his proceedings. U p o n landing in C a n ­ a d a he found him self in a position w ith o u t precedent, w here grave interests were involved, and w here m uch m ust necessarily be left to his ow n m o tio n . U n d e r such circum stances, if an y th in g a p p ro a c h ­ ing to an average discretion be used, public op in io n has no right to hold th e person exercising it a m en ab le to strict rules o f law. L ord D u rh a m did w h at he a n d his advisers honestly believed to be for th e best, a lthough he a n d they well knew th a t he w as going beyond th e letter o f th e a u th o rity w herew ith he h a d been invested. A nd herein lay the w eakness o f his position. He h a d . as it w as said, know ingly set h im self above the law . B ro u g h am . L y n d h u rst. Ellenb o ro u g h . and o th e r p ro m in en t m em bers o f th e H ouse o f L ords inveighed m ercilessly against him . T he G o v e rn m e n t, for a tim e, defended him in a w eak, half-h earted fashion, but they w ere not stro n g enough to sta n d th e pressure b ro u g h t to b e ar against them , a n d gave way. L ord M elbourne. First M inister, on th e IOth o f A u g u st, a n n o u n ce d to th e H ouse o f L ords th e G o v e rn m e n t's d e te r­ m in a tio n . He a d m itte d th e inform ality o f th at p a rt o f L ord D u r­ h a m ’s o rd in an ce w hich applied to B erm uda, a n d sta te d th a t as it w ould be illegal to a d o p t p a rt o f th e o rd in an c e a n d disallow the rem ain d er, he h a d resolved to advise its to tal disallow ance. A Bill o f Indem nity, pro tectin g those w ho had issued a n d acted on th e disal­

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lo w ed o rd in a n c e fro m a n y p e n a lty th e r e f o r, w as th e n passed th ro u g h P a rlia m e n t.. . . L o rd D u rh a m ’s first in tim atio n o f the disallow ance o f th e o rd i­ n an ce cam e to him from th e c olum ns o f a n A m erican new spaper. M r. C harles Buller, his chief secretary, w ho w as present at th e tim e, saw from the expression o f his L o rd sh ip 's face th a t he h a d received a violent shock. A few m inutes a fterw ards th e latter a n n o u n ce d his determ in atio n to resign his a p p o in tm e n t; a n d a m issive containing an intim ation to th a t effect w as accordingly fo rw ard ed to E ngland. A few days later he received the official despatch an n o u n cin g the disallow ance o f th e o rd in an c e. H e then d e term in ed n o t to wait for th e a p p o in tm en t o f his successor, but to a b a n d o n his m ission and retu rn h o m e w ith o u t delay. O n th e 9 th o f O c to b er he issued a p ro c la m a tio n an n o u n cin g th e fate o f his ill-starred o rd in an c e, and giving a tolerably full account o f the history a n d objects o f his m ission. H e reflected on th e co n d u ct o f the Im perial G o v ern m en t in not su p p o rtin g him . “ In these conflicting a n d painful circu m ­ stan ces” - so ra n th e p ro c la m a tio n - “ it is far b e tte r th a t I should at once a n d distinctly a n n o u n ce m y intention o f desisting from the vain a tte m p t to carry my policy a n d system o f ad m in istratio n into effect w ith such in ad e q u ate a n d restricted m eans. If the peace o f L ow er C a n a d a is to be again m enaced, it is necessary th at its G o v e rn m en t sho u ld be able to reckon on a m ore cordial a n d vigor­ o u s su p p o rt at h om e th an h a s been acco rd ed to m e. N o g o o d th at m ay not be expected from any o th e r G o v e rn m en t in L ow er C an ad a c an be o b tain e d by m y co n tin u in g to wield e x tra o rd in a ry legal pow ers o f which th e m oral force a n d co n sid eratio n are g o n e ." A fter th u s a n n o u n cin g th e a b a n d o n m e n t o f his m ission, the p roclam ation concluded by an assurance th a t his L ordship w ould c o n tin u e , as a p eer o f P arliam ent, to w atch over th e interests o f th e C an ad ian people. T h e w hole to n e o f th e p ro c la m a tio n w as unw ise, a n d c h a r­ acteristic o f L o rd D u rh a m ’s fiery, in su b o rd in ate tem p e r. S om e o f his replies to addresses presented to him before his d e p a rtu re from C a n a d a w ere still m o re im p ru d e n t. T he L ondon Tim es, shocked by his L o rd sh ip ’s u n co n v en tio n al m o d e o f proceeding, declared, and w ith tru th , th a t th e representative o f th e Sovereign h a d appealed to th e ju d g m e n t o f a still rebellious colony a gainst the policy o f the Sovereign’s ow n advisers. It referred to him as " th e L o rd High Sed itio n er.” T h e p ro c la m a tio n w as too m uch, even for th e H om e G o v e rn m en t, a n d a desp atch recalling L o rd D u rh a m w as sent over to C a n a d a . L o rd D u rh a m , how ever, h a d not w ailed for th e des­ p a tc h . Leaving th e ad m in istratio n o f affairs in the h an d s o f Sir Jo h n C o lb o rn e, he sailed for E ngland. H e h a d w on golden opinions from the British residents o f L ow er C a n a d a du rin g his five m o n th s’ so jo u rn in th e c o u n try , a n d left m any w arm hearts behind him . He declined to accept any pecuniary co m p en satio n for his services, and

LORD DURHAM

9

directed the salary w hich h a d accrued to him as G o v e rn o r-G e n era l to be a p p ro p ria te d to th e rep air o f the G o v e rn m en t H ouses at Q uebec a n d M o n tre al. P rio r to a n d du rin g the h o m ew ard voyage th e g re ater part o f th e re p o rt which will ever be associated w ith his n a m e w as p re p are d . T h e G o v e rn m en t m arked its d isa p p ro b atio n o f his course by giving instructions th a t he w as not to receive the c u sto m a ry salu te o f artillery accorded to re tu rn e d colonial G o v e r­ nors u p o n landing in E ngland. His L o rd sh ip resented this as a n o th ­ e r indignity. T h e English people, how ever, received him at Plym ­ o u th w ith loud acclaim s, a n d persisted in regarding him as the beneficent English n o b lem an w ho had got into d isrepute with the a ristocracy for his advocacy o f p o p u la r rights. H e did his utm ost to resp o n d to the e nthusiasm w hich greeted him from various p a rts o f th e c o u n try , but in good so o th his ow n enthusiasm h a d alm ost b u rn ed itself o u t. His heart w as b ro k e n . H e co u ld not but feel th at he w as regarded by m ost o f those o f his ow n o rd e r as having b ro u g h t up on h im self som ething nearly a p p ro ac h in g to disgrace. T h e rebellion burst forth afresh in th e L ow er Provinces after L ord D u rh a m ’s d e p artu re, being chiefly due to th e m ach in atio n s o f disaffected persons w ho had previously lied across the b o rd e rs from C a n a d a to th e U nited S tates to avoid the consequences o f their trea so n . T he chim erical object o f this second m ovem ent w as to establish a republic on C a n ad ian soil, under th e Presidency o f M r. R obert N elson. T h e m ovem ent w as speedily suppressed by Sir John C o lb o rn e. w ho felt him self called upon to exercise a greater severity th an before to w a rd s th e prisoners taken red -h a n d e d . C o u rts m artial w ere called into requisition. A few m isguided men suffered the extrem e penalty o f th e law . a n d o thers were by express a u th o rity tra n sp o rte d to N ew S outh W ales. A nd th at w as th e last o f the C a n ad ian rebellion. In due tim e th e fam ous “ R e p o rt” w as published a n d presented to P arliam ent. F ro m th at tim e forw ard th e so u n d n ess o f L ord D u rh a m 's general policy w ith regard to C a n a d a c a n n o t be said to have sto o d in need o f serious vindication. E nem ies a n d friends c o n cu rre d in p ro n o u n c in g it a m asterly S ta te d o cu m en t. Its great length, a n d the wide variety o f m atters treated o f in its pages, render a n intelligible su m m a ry o f its c o n te n ts a difficult m atter. N o e la b o ­ ra te su m m ary , how ever, is necessary for the purposes o f this w ork. It will be sufficient to say th a t a m o n g a host o f o th e r m atters it gave an account o f th e anim osities betw een th e rival races in th e L ow er Province, and o f th e principal defects in th e colonial system o f g overnm ent w hich h a d prevailed up to th at tim e: drew a ttention to th e evils arising from c o m m ittin g details o f g o v ern m en t to a co lo n i­ al d e p artm e n t: c o m m en ted on th e desirability o f perm ittin g the colonists to govern them selves, so far as internal affairs are c o n ­ cerned. Im perial interference being restricted to m atters affecting the

10

T H E LAST FO R T Y YEARS

colonial relations w ith th e m o th e r c o u n try ; reco m m en d ed th a t all colonial officials except the G o v e rn o r a n d his secretary sh o u ld be m ad e responsible to P a rlia m en t; a n d anim ad v erted on th e Clergy R eserve q u estio n , a n d th e o p p o sitio n in U p p e r C a n a d a to th e p rin ­ ciple o f a d o m in a n t C h u rc h . It suggested th e establishm ent o f a g o o d system o f m unicipal in stitu tio n s, a n d concluded by reco m ­ m ending a legislative union o f th e tw o Provinces, as th e m ost effec­ tu al m eans o f fusing th e hostile races, and healing th e m anifold disorders from w hich th e c o u n try h a d long suffered. T h e im p o rta n t results a ccru in g from th e p ublication o f this re­ p o rt will be referred to in a future c h ap ter. F o r all practical p u rp o s­ es, L o rd D u rh a m ’s life m ay be said to have then and there ended. H e lived long e n ough to kn o w th a t his re co m m e n d a tio n s w ould in th e m ain be carried o u t, a n d th a t th e tim e spent by him in the ad m in istratio n o f C a n ad ian affairs had n o t been th ro w n aw ay. D u rin g th e year a n d o d d m o n th s th a t rem ained to him he struggled m anfully against th e ever-increasing debility w hich h a d taken p o s­ session o f his fram e. But th e struggle w as a hopeless one. A fter all his physical a n d m ental sufferings he sank quietly to rest at C ow es, as already recorded, o n th e 28th o f July, 1840. H e left no successor in th e ranks o f th e L iberal p a rty in E n g la n d , but he w as quite justified in hop in g th a t he h a d not lived in vain. His C a n a d a m is­ sion m ark s an im p o rta n t epoch in th e history o f colonial go v ern ­ m ent, a n d his n a m e well deserves to be held by ourselves and o u r d escendants as so m e th in g m o re th a n a m em ory a n d a tra d itio n . His infirm ity o f tem p e r w as a solitary blot u p o n a n otherw ise spotless reco rd , a n d even th a t blot has been looked at th ro u g h a m agnifying glass. In estim ating L ord D u rh a m ’s c h ara cte r it sh o u ld alw ays be b o rn e in m ind th a t he w as a m an very m uch in earn est. It is possible th a t n o t a little o f his so-called irritability w as m erely the vigorous expression o f stro n g a n d n o t u n a m ia b le feeling, evoked by th e intensity o f his convictions. Very earnest m en are often s u p ­ posed to be angry a n d p e tu la n t w hen they are only injudiciously sincere. A p o p u la r c o n te m p o ra ry w r i t e r - M r . Justin M c C a rth y th u s aptly sum s up th e m ore salient p oints o f his L o rd sh ip 's c h a ra c ­ ter a n d career: “ His p ro u d a n d sensitive spirit co u ld ill b e ar the co n tra d ic tio n s a n d h u m iliations th a t had been forced upon him . His w as an eager a n d a passio n ate n a tu re , full o f th a t saeva indignatio w hich, by his ow n ack n o w led g m en t, to rtu re d th e heart o f Swift. He w anted to th e success o f his political career th at p ro u d patience which th e gods are said to love, a n d by virtue o f w hich g reat men live do w n m isap p reciatio n , a n d h o ld out until they see them selves ju stified , and h e a r th e reproaches tu rn into cheers. But if Lord D u rh a m ’s personal c are er w as in any w ay a failure, his policy for the C a n a d a s w as a splendid success. It established th e principles o f colonial g o v ern m en t. T h ere w ere undo u b ted ly defects in th e c o n ­

LORO DURHAM

11

stru c tio n o f th e actu al schem e which L o rd D u rh a m initiated, and which L ord S y d e n h a m , w ho died not long after him . institu ted . T he legislative u nion o f th e tw o C a n a d a s w as in itself a m akeshift, and was only a d o p te d as such. L o rd D u rh a m w ould have h a d it o th e r­ wise if he m ight; but h e did n o t see his way then to a n y th in g like th e com plete federation schem e a fterw ards a d o p te d . But the success o f th e policy lay in th e b ro a d principles it established, a n d to which o th e r colonial system s as well as th a t o f th e D o m in io n o f C a n ad a ow e th eir stren g th a n d security to -d ay . O n e m ay say. w ith little help from the m erely fanciful, th a t th e rejoicings o f em a n cip ated colonies m ight have been in his dying ears as he sank into his early g ra v e .”

C hapter 2

The Union Act. L o rd D u rh a m 's re p o rt w as seed sow n in good g ro u n d . F rom the tim e w hen it becam e public p ro p e rty it form ed a p ro m in e n t topic o f discussion a m o n g British sta te sm e n , and a d d ed not a little to the re p u ta tio n o f both his L o rd sh ip a n d his secretary, M r. C harles Buller. M ost peo p le a p p ro v ed o f it: a few fo u n d fault with som e o f its clauses: but there w as no difference o f opin io n as to th e great ability a n d industry w hich h a d go n e to its p ro d u c tio n as a w hole. In U p p er C a n a d a the Reform p a rty , w ho had long been struggling a gainst the Fam ily C o m p a c t u n d e r g reat disadvantages, a n d who h a d strenuously c ontended for m an y o f th e principles recognized by the re p o rt, received it w ith en th u siasm . T h e Legislative A ssem bly o f th a t Province passed a resolution in favour o f u n io n . T h e C o n se rv ­ atives. how ever, w ere very' well satisfied with th e existing o rd e r o f th in g s , a n d w e re, a lm o st to a m a n , o p p o s e d to a n y c h a n g e . T h e H o n o u r a b le -a f te rw a rd s S i r - J o h n Beverley R o b in so n , C h ief J u s ­ tice o f U p p e r C a n a d a , w ho h a d lo n g been th e c h ie f guide, p h ilo so ­ p h er a n d friend o f th e d o m in a n t faction in th e Province, w ent to E ngland at this tim e, a n d d u rin g his stay th ere, to w a rd s th e close of th e year 1839, published w h at w as intended as a c o u n te rb la st to L ord D u rh a m ’s re p o rt, u n d e r the title o f “ C a n a d a a n d th e C a n a d a Bill." It stro v e to sh o w th a t th e d iv isio n o f th e P ro v in c es in 1791 h a d w orked satisfactorily, and th a t th e carry in g o u t o f his L o rd sh ip ’s rec­ o m m e n d a tio n s w ould by no m eans rem ove existing evils o r p ro m o te th e w elfare o f th e c o u n try . M r. R obinson h a d sixteen years before been an a d v o cate o f such a union as he now o p p o se d , but h a d subse­ q uently seen reason for c hanging his views. His little b o o k w as well w ritten, a n d presented th e case from his side with great clearness, but it w as like arg u in g against th e d o c trin e o f g rav itatio n . A few fossil­ ized T ories on b o th sides o f th e A tlantic c o m p lim e n ted th e a u th o r u pon having c o n d u cted his a rg u m e n t with m athem atical precision.

THE U N IO N ACT

13

b ut it p ro d u c ed no m o re effect u p o n th e British P arliam ent th a n erst d id K a n g C a n u te ’s c o m m a n d upon th e foam ing brine. T h e A tlantic w as n o t to be tu rn ed back by M rs. P a rtin g to n ’s m op, alth o u g h the m o p in th e present instance w as o f m ost respectable c o n fo rm a tio n , a n d held out hopes o f developing into a b ro o m w hich sh o u ld sw eep w ith re m a rk ab le cleanness. In L ow er C a n a d a public o p in io n was m uch divided. A large m ajority o f th e British p o p u latio n a p p ro v e d o f th e project o f un io n , but th ere w as a c onsiderable m inority on the o th e r side. T h e F ren ch C a n ad ian s were alm ost u n an im o u s in their disapproval o f th e schem e. It th u s seem ed p ro b a b le th a t th ere w ould be no slight difficulty in o b tain in g general assent to th e c arry in g out o f L ord D u rh a m ’s reco m m en d atio n s. B ut, th e will being present, a w ay w as soon fo und. D uring the session o f 1839 a Bill for reuniting th e C a n a d a s w as in tro d u c ed into the Im perial P arliam en t by L o rd Jo h n Russell. W hen it cam e to be dealt with by a com m ittee o f th e H ouse o f C o m m o n s it w as found th at som e ad d itio n al in fo rm a tio n w as needed. It w as also thou g h t desirable to o b tain th e form al co n cu rren ce o f the C a n ad ian s, as expressed through th eir respective L egislatures. T o effect these o b ­ jects it w as necessary to send o u t som e clear-headed m an , possessed o f a large sh a re o f tact, a n d with a due sense o f how m uch was involved in his enterprise. T h e gentlem an fixed upon to u n d e rta k e this im p o rta n t m ission w as M r. C harles Poulett T h o m s o n , b etter know n to C a n ad ian s by his subsequent title o f L ord S ydenham . M r. T h o m so n , tho u g h still a yo u n g m an to be e ntrusted w ith a m atter o f such im p o rtan ce, had had large experience as a politician and dip lo m atist. H e w as p a rtic ­ ularly well inform ed respecting m ercantile affairs, having been bred to com m ercial pu rsu its, a n d w as an ard en t disciple o f Free T rad e doctrines. H e h a d been an hereditary m em ber o f an old established a n d w ealthy m ercantile h o u se largely con n ected with the Russian trad e. A t the tim e o f his en try into public life m ost o f the leading m erch an ts o f L o n d o n - h is ow n father included - w ere T ories, and he h a d been reared am id T o ry influences. T h e p a rticu la r branch o f tra d e in which his firm were engaged, how ever, and his ow n reading a n d o b se rv atio n , had tu rn e d his m ind in an o p p o site direction on all purely econom ical questions. H e had becom e a disciple o f Mill a n d R icardo, a n d th e personal friend o f Jerem y B entham and Joseph H um e. C e rta in fam ily co n n ectio n s, m oreover, dou b tless had som e influence upon th e fo rm atio n o f his opin io n s. H e w as allied, by the m arriage o f o n e o f his sisters, to th e Barings, a n d the head o f th a t great house (w h o subsequently becam e L o rd A s h b u rto n ) was at th at th at tim e an advocate o f Free T rad e . T h e c onnection was p o litic a lly se rv ic e a b le to y o u n g M r. T h o m s o n , w h o , in th e y e ar 1826, w as retu rn ed to the H ouse o f C o m m o n s in the W hig interest for the constituency o f D over. H e distinguished him self d u rin g his

14

T H E I AST F O R T Y YEARS

first P arliam entary session by th e p a rt taken bv him in a d e b ate on th e silk duties. H e so o n w on a re p u ta tio n , not as an eloquent s p e a k e r - th o u g h he alw ays sp o k e fluently a n d s e n s ib ly - b u t as a sh re w d a n d b u sin e ss-lik e m e m b e r o f P a rlia m e n t. S o m e o f his speeches sm acked strongly o f R adicalism , but his m ind w as o f an essentially practical o rd e r, a n d he cared little for m ere speculative theories a bout liberty, e quality, a n d th e natu ral rights o f m an k in d . H e w as above all things a u se fu l m an, and from tim e to tim e rendered g reat services to his p arty. It w as noticed th a t he was alw ays able to m ake th e best o f a com plicated a n d a w kw ard situ a ­ tion, a n d w as not deterred by Q uix o tic scruples from tu rn in g even th e slips a n d w eaknesses o f o th ers to his ow n a cco u n t. T hough neither a th o ro u g h n o r a p ro fo u n d statesm an , he w as a t least a very clever politician, a n d it is d o u b tfu l w h eth er any m an co u ld have been found th ro u g h o u t th e b ro a d realm o f E ngland better fitted, alike by n a tu re a n d by train in g , to carry o u t L o rd D u rh a m ’s policy in C a n a d a th an w as th e R ight H o n o u ra b le C h arles Poulett T h o m ­ so n . H e at this tim e sa t in th e H ouse o f C o m m o n s for th e im p o r­ ta n t constituency o f M anchester, and held th e positio n o f President o f the B oard o f T ra d e in th e M inistry o f th e day. H aving been a p p o in te d G o v e rn o r-G e n e ra l o f C a n a d a , and having enjoyed the g reat ad v an tag e o f frequent personal interview s w ith L o rd D u rh am on th e subject o f his m ission, he set sail for Q u eb ec on his fortieth b i r th d a y - t h e 13th o f S eptem ber, 1839. H e reached his destination on the 17th o f O c to b e r follow ing, a n d tw o days afte rw a rd s issued a p ro c la m a tio n a n n o u n cin g th a t he h a d assum ed th e reins o f G o v e rn ­ m ent. T h e task before him w as o n e o f no o rd in ary difficulty. It has been seen th at th e people a n d th e Legislatures were by no m eans u n a n im o u s in a p p ro v in g th e p ro p o se d m easures, a n d yet it was necessary th at h e sh o u ld o b tain th eir c onsent. O w ing to th e suspen­ sion o f th e L ow er C a n a d ia n C o n stitu tio n , alread y referred to . there w as strictly sp eak in g no L egislature in th a t Province to be c o n su lt­ ed. T he body th a t did duty for a L egislature w as th e Special C o u n ­ cil. a n d this w as su m m o n ed to m eet at M ontreal o n the l l t h o f N ovem ber. N o change w hatever w as m ade in its c o m p o sitio n . It consisted o f eighteen m em bers, nearly all o f w hom belonged to the British p arty. It h a d been n o m in a ted (after L o rd D u rh a m ’s d e p a r­ tu re from C a n a d a ) by Sir Jo h n C o lb o rn e. acting o n b e h alf o f the C ro w n , a n d th e body as a w hole did not by any m eans represent th e views generally en te rta in ed a m o n g the in h ab itan ts o f th e Low er Province. It w as L o rd S y d en h am ’s m ission, how ever, to carry out his instructions, a n d to ob tain a form al consent from th e existing b ody w hich sto o d in th e place o f a L egislature. H ad a fairly repre­ sentative body been in existence, it w ould never have given its consent to a u n io n w hich for a tim e blo tted o u t th e political influ­

TIIH U N I O N A C T

15

ence o f the F rench C a n a d ia n p o p u latio n . But no po ten t opposition w as to be d re ad e d from such a body as th e Special C ouncil. T he Provincial con stitu tio n w as su sp en d ed , a n d th e factious spirits were either effectually silenced o r in exile. A fter several d ay s' discussion th e C ouncil a d o p te d th e u nion resolutions by a m ajority o f twelve to three. T h e G o v e rn o r-G e n e ra l w as th u s e nabled to rep o rt to the S ecretary o f S tate in E ngland th at th e assent o f th e L ow er Province h a d been o b tain e d . H e then m ad e his w ay w ith o u t loss o f tim e to T o ro n to , to o b ta in th e c o n cu rre n ce o f th e L egislature o f th e U pper Province. In th e U p p e r C a n a d ia n L egislature his Excellency had no Spe­ cial C ouncil to deal w ith, but a regularly c o n stitu ted legislative body, w ith a d u e sense o f its ow n im p o rtan ce, a n d an unequivocal d isposition to sta n d upon its rights. W ith th e A ssem bly no trouble w as to be anticip ated , as it h a d already passed resolutions in favour o f u n io n , a n d w as desirous o f seeing R esponsible G o v e rn m e n t c o n ­ ceded w ith o u t delay. In the Legislative C ouncil very different senti­ m ents prevailed. Its m em b ers h a d everything to lose a n d no th in g to gain by th e p ro p o se d change. A 'la rg e m ajority o f them belonged to th e Fam ily C o m p a c t. T h eir p o w er a n d p a tro n a g e w ould go, a n d the p rin c ip le s to w h ich th ey h a d a lw ay s o p p o s e d th em se lv es w o u ld triu m p h , in the event o f a union o f th e Provinces, a n d th e concession o f executive responsibility. T h ey d read ed a coalition betw een th e L ib­ erals o f th e tw o Provinces. T h e ir position, how ever, w as such th at they co u ld n o t w ith any show o f consistency refuse their assent to the re s o lu tio n s p ro p o s e d by his E xcellen cy . T h o s e re s o lu tio n s w ere know n to em b o d y th e Im perial will, a n d th e m em bers o f th e Fam ily C o m p ac t w ere n o th in g if n o t loyal. F o r years p a st, a n d m o re espe­ cially since th e suppression o f th e recent rebellion, their loyalty had b ecom e positively, albeit honestly, effusive. T h ey had proclaim ed it th ro u g h th e public prints, at th e co rn ers o f th e streets a n d - literally from th e houseto p s. S om e o f them h a d talk e d a great deal o f hysteri­ cal nonsense, a n d h a d p ro p o u n d e d theories b e tte r suited to th e early years o f th e R e sto ratio n th an to th e tim es in w hich they lived. How then c o u ld they v e n tu re to o p p o se th e Im perial m an d a te, as p ro ­ claim ed to th em by th e G o v e rn o r-G e n era l in person. H is Excellency w as a d e p t in th e science o f finesse, a n d used all his a rts to win them over. H e appealed in th e stro n g est term s to their life-long fealty. H e m aterially stren g th en ed his position by th e publication in th e U pper C anada G a ze tte o f a despatch from th e C o lo n ial M inister. “ You will u n d e rstan d , a n d will cause it to be generally k n o w n ,” sa id the d e sp atch , “ th a t hereafter the ten u re o f colonial offices, held during H er M ajesty’s pleasure, will n o t be regarded as equivalent to a tenure du rin g g o o d b e h av io u r; but th a t n o t only such officers will be called upon to retire from th e public service, as often as any sufficient m o ­ tives o f public policy m ay suggest th e expediency o f th a t m easure, but

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T H E LAST FO R T Y YEARS

th a t a c h an g e in th e person o f th e G o v e rn o r will he considered as a sufficient reason for any a lte ra tio n s w hich his successor m ay deem it e x p e d ie n t to m a k e in th e list o f p u b lic fu n c tio n a rie s - su b je c t, o f co u rse, to th e future con firm atio n o f th e Sovereign. T hese rem ark s do n o t extend to ju dicial officers, n o r are they m eant to ap p ly to places w hich are alto g eth er m inisterial, a n d w hich do not devolve upon th e holders o f th em duties in th e right discharge o f w hich the c h ara cte r a n d policy o f th e G o v e rn m en t are directly involved. T hey are in ten d ed to ap p ly ra th e r to th e heads o f d e p artm e n ts th an to p e r­ so n s serving as clerks o r in sim ilar capacities u n d e r th em ; neith er do they e xtend to officers in th e service o f the L ords C om m issioners o f th e T rea su ry . T h e functionaries w h o will be chiefly, th o u g h not ex­ clusively. affected by th em , a re the C olonial S ecretary; th e T rea su re r, o r R e c e iv e r-G e n e ra l; th e S u rv e y o r -G e n e r a l; th e A tto rn e y a n d S o licito r-G e n era l; th e Sheriff, o r Provost M a rsh a l: a n d o th e r offi­ cers w h o . under different designations from these, are e n tru ste d with th e sam e o r sim ilar duties. T o this list m ust also be a d d ed the m em ­ bers o f C o u n c il, especially in those colonies in which th e Legislative a n d E xecutive C ouncils are distinct b o d ies." T h e m eaning o f th is was o bvious enough. It m ean t th a t for th e future th e persons indicated w o u ld have to m erit a n d enjoy a sh a re o f public confidence, o r else resign th eir places. It also m eant th a t the H o m e G o v e rn m en t h a d set its m ind on passing a U nion Bill, a n d th a t no caprice o r o bstruction o n their p a rt w ould be allow ed to sta n d in the w ay o f such a c o n su m ­ m atio n . It w as evident th at they m ight as well b o w to th e inevitable w ith a g o o d grace, as, in the event o f th eir refusal, m eans w o u ld be fo u n d to get rid o f them and sup p ly their places w ith m ore m an a g e ­ able m aterial. T hey yielded. R esolutions expressive o f assent to the union w ere passed, on c o ndition th a t there sh o u ld be an equal re p re ­ sen tatio n o f each Province in th e un ited L egislature; th a t a sufficient pe rm a n en t civil list sh o u ld be vo ted to secure th e independence o f the ju d g es; a n d th at th e public debt o f U p p e r C a n a d a should be a charge upon th e jo in t revenue o f the un ited Province. In th e A ssem bly c er­ tain co n d itio n s were pressed upon th e consideration o f his Excellency which th e latter saw fit to o p p o se, as being unjust to th e F ren ch C a ­ n adian po p u latio n in th e L ow er Province. T h e G o v e rn o r's views fi­ nally prevailed. O n th e last day o f th e year he w as able to a n n o u n ce to a co rre sp o n d e n t th a t he h a d satisfactorily accom plished th e objects o f his m ission, a n d th a t no th in g fu rth er rem ained but for P arliam ent to pass th e U nion Bill, a d ra ft o f w hich, he a d d ed , w ould so o n be fo rw ard ed from C a n a d a . T h e draft o f th e U n io n Bill, founded upon th e resolutions o f the L egislature o f U p p e r C a n a d a a n d the Special C ouncil o f th e Lower Province, w as chiefly p re p are d by th e H o n . Ja m es S tu a rt. C h ief Justice o f the C o u rt o f Q u e e n 's Bench for L ow er C a n a d a .. . . It p rovided for th e u nion o f th e tw o Provinces u n d e r the nam e o f the

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Province o f C a n a d a . It fu rth e r provided th a t th ere sh o u ld be o n e Legislative C ouncil, a n d o n e A ssem bly, with an equal represen­ tatio n from each o f th e fo rm er Provinces; the Legislative C ouncil, to consist o f not fewer than tw enty life m em bers, a p p o in te d by the C ro w n , a n d th e A ssem bly to consist o f eighty-four m em bers (fortytw o from each o f th e form er Provinces), elected by th e people. T he p ro p e rty qualification for c an d id ate s for seats in th e A ssem bly was fixed at five h u n d re d p o u n d s sterling in lands o r tenem ents. T he G o v e rn o r w as a u th o rize d to fix th e tim e a n d place o f holding P arlia­ m ents, a n d to p ro ro g u e o r dissolve th e latter at his pleasure. T he S p eak er o f th e Legislative C ouncil w as to be a p p o in ted by the G o v ­ e rn o r, a n d the S p eak er o f the A ssem bly to be elected by its m em bers. A perm an en t civil list o f seventy-five th o u sa n d p o u n d s annually was provided for, instead o f all territorial and o th e r revenues then at the C ro w n 's d isposal: a n d the ju d g es w ere m ade independent o f the votes o f th e A ssem bly. All w rits, p ro clam atio n s, re p o rts, jo u rn als a n d public d o c u m e n ts were to be in th e English lan g u ag e on ly : and it w as provided th a t th e public debt o f the tw o Provinces sh o u ld be assum ed by th e united Province. Such, in so far as it is now necessary to specify them , w ere th e principal provisions o f th e U nion Bill tra n s­ m itted to E ngland by M r. T h o m s o n . T h e Im perial P arliam en t was then in session, and th e C olonial Secretary, L o rd Jo h n Russell, lost no tim e in presenting th e m easure. It u nderw ent som e slight m odifi­ cations in the co u rse o f its passage th ro u g h th e C o m m o n s. C ertain clauses relating to local m unicipal institutions w ere struck o u t. and left to be dealt with by the Provincial L egislatures, but the Bill, as a w hole, c o m m e n d ed itself to th e w isdom o f the H ouse o f C o m m o n s, a n d w as passed w ith but little o p p o sitio n . S om e o f th e Irish m em ­ bers, led by O 'C o n n e ll, raised their voices a gainst it, on th e g round th a t it san ctio n ed a d isp ro p o rtio n a te representation o f th e French a n d British races: th a t th e .fo rm e r h a d not assented to the m easure, a n d th at in co nsequence o f th e suspension o f th e L ow er C an ad ian c o n stitu tio n , they h a d no m eans o f expressing their assent. It w as fu rth er argued th a t it w as unjust to saddle L ow er C a n a d a with a share o f liability in respect o f th e debt o f th e U p p e r Province. O p p o ­ sition from this q u a rte r, how ever, w as regarded by the Ministry' very m uch as a m a tte r o f co u rse, a n d w as o f no special significance. In the H ouse o f L ords th e objections to th e m easure w ere urged with m ore vigour th an co m m o n ly characterizes the debates there, a n d am ong those w ho sp o k e m ost strongly a gainst it w ere L ords G o sfo rd and S eato n , both o f w hom had been G o v e rn o rs o f C a n a d a , a n d m ight be supposed to b ring special know ledge to bear upon th e subject. T he A ct passed, how ever, a n d w as to c o m e into o p e ratio n by virtue o f a royal p ro c la m a tio n , to be issued w ithin fifteen c alen d a r m o n th s. T he issuing o f th e p ro c la m a tio n w as deferred until th e 5th o f F eb ru ary . 1841, w hen it ap p ea red u n d e r th e au th o rity o f th e Provincial Secre­

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ta ry , th e H o n . D om inick D aly. By its term s th e A ct o f U n io n w as to ta k e effect from th e 10th o f th e m o n th ; a n d at th a t d a te th e U n io n o f the. Provinces w as accordingly com plete. T h e F rench p o p u latio n o f L ow er C a n a d a generally, and even som e o f th e B ritish, w ere m uch averse to th e project o f union on the term s p ro p o sed , a n d an im p artial critic m u st confess th a t their discontent w as n o t w holly g roundless. In th e first place, th e p o p u la ­ tio n o f th e L ow er Province w as c onsiderably in excess o f th a t o f U p p e r C a n a d a ; w hereas th e latter, by th e term s o f u n io n , were g ran ted a n equal P a rliam en tary rep resen tatio n w ith th e form er. T h e financial c o ndition o f th e tw o Provinces w as still m o re unequal th an th e p o p u latio n . In L ow er C a n a d a th e public debt w as insignificant, a n d if there w as less public e nterprise th an in th e U p p e r Province, there w as no financial e m b a rrassm en t. T h e revenue w as sm all, but it w as a m p le for th e public req u irem en ts. In U p p e r C a n a d a , on the o th e r h a n d , for som e years past a n a m o u n t o f e n terp rise h a d been displayed w hich w as alto g eth er o u t o f p ro p o rtio n to th e age a n d financial c o n d itio n o f th e P rovince. T h e co n stru ctio n o f th e great c an als a n d o th e r im p o rta n t public w orks h a d involved w h at for those tim es m ust be p ro n o u n c e d to have been an e n o rm o u s ex p en d ­ itu re , a n d for this th e re h a d so far been little o r no re tu rn . A good deal o f th e ex p en d itu re had been unnecessary - th e result o f m is­ m an ag em en t a n d in e x p e rie n c e -a n d w o u ld never p ro d u c e any re­ tu rn . T h e public d e b t w as large. F u rth e r outlay w as im perative, and th e exchequer w as em pty. S om e im p o rta n t public enterprises had been te m p o ra rily a b a n d o n e d fo r w a n t o f fu n d s. T h e P ro v in c e seem ed to be o n th e verge o f b a n k ru p tc y . By th e im position o f the public debt on th e united Province, therefore, U p p e r C a n a d a w as clearly a gainer. But, it w as a rg u ed , this w'as only fair, inasm uch as L ow er C a n a d a w ould p a rticip a te in th e ad v an tag es d erivable from th e public w orks w hich h a d given rise to th e d eb t. L ow er C a n a d a , m o reo v er, h a d long reaped a n u n d u e a d v an tag e in respect o f the revenue from im p o rts collected a t M o n tre al a n d Q uebec. T h a t reve­ nue w as chiefly paid by th e U p p e r Province, w here a m ajority o f th e co n su m ers resided; yet L ow er C a n a d a h a d for y ears received th e lio n ’s sh a re o f it, a n d su rre n d ere d even th e sm allest p ro p o rtio n w ith reluctance. T h e a rg u m e n t as to th e representation o f th e tw o Provinces being e q u al, a n d th erefo re d isp ro p o rtio n a te to th e p o p u ­ latio n , w as m et by th e plea th a t th e d isp ro p o rtio n w ould soon d isa p p ea r, inasm uch as the p o p u latio n o f U p p e r C a n a d a h a d been largely recruited by im m ig ratio n : th a t it w as rapidly increasing, and w ould c o n tin u e to rapidly increase; w hereas im m igration to the L ow er Province w as insignificant in c o m p a riso n , a n d th e increase o f p o p u latio n p ro p o rtio n a tely slow . T h e L ow er C a n a d ia n s w ere not disposed to re g ard this a rg u m e n t as conclusive. T h ey claim ed, with

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so m e sh o w o f reaso n , th a t it w ould be tim e e nough to equalize the representation w hen th e pred ictio n as to equality o f po p u latio n sh o u ld be realized. T h e p ractical proscription o f the F rench la n ­ guage in all public proceedings, m oreo v er, w as keenly felt by the F ren ch C a n a d ia n s, a n d they never ceased to c la m o u r for th e repeal o f th e clause effecting it - a repeal w hich w as finally accom plished a fte r th e a ccessio n to p o w e r o f th e se c o n d L a fo n ta in e -B a ld w in M inistry in 1848. T h e F rench C a n a d ia n s, indeed, lo o k ed u p o n the U n io n A ct as th e result o f a p re d eterm in atio n to destroy their n a tio n a lity a n d th eir religion. It w as evident th a t if th e British representatives from L ow er C a n a d a sh o u ld act in unison w ith their co-n atio n alists fro m th e U p p e r Province, th e c o m b in a tio n w o u ld be all-pow erful in th e L egislature. T h e d iscontent in th e L o w er Province over th e term s o f union m ade itself felt in v a rio u s q u a rte rs before th e passing o f th e A ct. In th e districts o f Q u eb ec and T h ree R ivers a petition w as set on foot u n d e r th e auspices o f th e clergy, a n d erelong 4 0 ,0 0 0 signatures were a p p en d ed to it. S om e o f th e signatories w ere influential m em bers o f th e British p a rty . It expressed stro n g hostility to th e p ro p o se d u n ­ ion, a n d prayed th a t th e co n stitu tio n o f 1791 m ight be m aintained. It w as sent o v er to E nglan d a n d laid before th e Im perial P arlia­ m en t, a n d dou b tless influenced th e G o v e rn m e n t there to th e extent o f inducing th em n o t to legislate w ith o u t due d elib eratio n . A large m eeting w as also held a t M o n tre a l, w here, o n m o tio n o f M r. Lafo n tain e, an address to th e Im perial P a rlia m en t pro testin g against th e p ro p o sed union w as a d o p te d ; b u t, ow in g to a w an t o f con co rd a m o n g its p ro m o te rs, it w as n o t forw arded to E ngland. D issatisfaction, how ever, w as now o f no fu rth er avail. T h e U n ­ ion o f th e Provinces w as an accom plished fact, a n d it o n ly rem ained for th e representatives o f b o th to accept th e situ atio n a n d m ak e the best o f it. T h e G o v e rn o r-G e n e ra l, for his a rd u o u s and indefatigable services, w as in th e m o n th o f A u gust, 1840, raised to th e peerage by th e title o f B aron S ydenham o f S ydenham in K ent a n d o f T o ro n to in C a n a d a . H is exertions h a d n o t been w ith o u t th eir effect o n his physical fram e, w hich w as even m o re w eakly th a n L o rd D u rh a m ’s h a d been; but h e w as keenly am b itio u s, a n d n o t disposed to sit dow n a n d b ro o d o v er his m aladies. H e w as a u th o rize d by the th irtieth clause o f th e U n io n A ct to fix th e capital o f th e U nited P rovince at su ch place as h e m ight be advised. H e chose to fix it at K in g sto n , in th e U p p e r P rovince. T h is w as a n o th e r step which w as keenly felt by th e in h ab itan ts o f L ow er C a n a d a , w ho had hoped th a t th e c a p ita l w o u ld be e ith e r M o n tre a l o r Q u e b e c , b o th o f w hich, as c o m p a red w ith K in g sto n , w ere large tow ns. T h e pressure from U p p e r C a n a d a o n this p o in t, how ever, w as overw helm ing, a n d th e G o v e rn o r-G e n e ra l exercised a wise discretion in placing the

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seat o f G o v e rn m e n t in th e c en tre o f a district w here th e unw avering loyalty o f th e people w as a g u a ra n te e for free a n d u ndisturbed legislation. T h e a p p o in tm e n t o f an E xecutive C ouncil w as a m atter w hich co u ld no longer be delayed, a n d w hich req u ired som e deliberation o n th e p a rt o f th e G o v e rn o r-G e n e ra l. O n th e 13th o f F e b ru a ry three days a fter th e U n io n p ro c la m a tio n to o k effect - His E xcellen­ cy, having m ade his selection, called to his C ouncil eight gentlem en w ho already occupied the highest offices o f S tate. T hey consisted o f M essrs. S ullivan, D u n n , D aly, H arriso n . O gden, D ra p e r, Baldw in, a n d D ay. A m o n th l a t e r - o n th e 17th o f M arch - M r. H . H . Killaly w as add ed to th e l i s t . . . . [T he first elections u n d e r th e U nion A c t ] began on th e 8th o f M arch . 1841. a n d w ere concluded early in th e follow ing m o n th , in th e L ow er Province they w ere m arked by a violence a n d acrim ony unp reced en ted at any election which h a d ever taken place in th e co lo n y . T h e British p arty a n d the national p a rty h a d never been a rra y e d a gainst each o th e r w ith such bitterness. T he latter sm arted u n d e r a sense o f defeat, w hile the fo rm er did n o t in all cases a tte m p t to disguise their consciousness o f triu m p h . T h ere w as a desire for revenge on th e o n e side, a n d a n illconcealed com placency o r c o n te m p t on th e o th e r. T hese sentim ents, fo r so m e w eeks b e fo re th e e le c tio n s, fo u n d fre q u e n t ex p ressio n th ro u g h th e provincial press, a n d a large p ro p o rtio n o f th e lower o rd ers o f electors w as roused to a c o ndition b o rd e rin g o n ferocity. In som e constituencies a n o th e r Reign o f T e rro r prevailed du rin g the progress o f th e election, a n d th e ruffianism seem s to have been p retty equally a p p o rtio n e d betw een th e representatives o f th e differ­ e n t n ationalities. M r. L afontaine, w hose n a m e has a lready been m en tio n ed , and w ith w hom w e shall erelong have occasion to form a n intim ate a cq u a in ta n ce , offered him self to th e electors o f T erre b o n n e. H e was o p p o se d by D r. M ichael M cC ulloch, a m em ber o f th e British p a r­ ty , w ho w as successful in securing his election. T h e violence dis­ played on b o th sides w as disgraceful to th e causes w hich they re­ spectively represented, but th ere seem s to be no reaso n ab le d o u b t th a t h a d th e franchise been perfectly free a n d u n tram m elled , M r. L afo n tain e ’s election w ould have been assured. He him self a fter­ w ard s a d m itted , how ever, th a t a large n u m b er o f his su p p o rte rs had set o u t from th eir hom es a rm e d w ith cudgels, a n d th a t those who h a d n o t been so p rovided at sta rtin g h a d m ad e a d e to u r into a w o o d on the ro a d in o rd e r to supply their deficiencies. U p o n near­ ing th e polling-place they found D r. M c C u llo c h ’s su p p o rte rs (m any o f w hom w ere canal lab o u re rs a n d navvies w ho were n o t en titled to exercise th e franchise at all) arm ed and ready for th em , a n d as the latter h a d contrived to secure an a d v an tag e o u s positio n for a handto -h a n d fight, th e F rench C a n a d ia n s a d o p te d the b e tte r p a rt o f

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v a lo u r a n d w ithdrew from th e field w ith o u t recording th eir votes. A t th e election for th e c o u n ty o f M ontreal th e o p p o sin g forces cam e into actu al collision, a n d o n e m an , a m em ber o f th e British p arty, w as slain on th e sp o t. W ith regard to th e possession o f the poll itself, R o b R o y ’s “ g o o d old rule” w as th e o rd e r o f th e day. T h o se to o k w ho h a d the pow er, a n d those kept w h o co u ld . T he F ren ch C a n a d ia n s k e p t possession the first d ay , a n d it w as in the struggle o f a British elector to record his vote th a t he m et his doom as above n a rra te d . N ext day the British m ustered in such force th at th eir o p p o n e n ts a b a n d o n e d th e struggle, a n d th e F ren ch c an d id ate retired. T h e L ow er C a n ad ian elections, therefore, did not in all cases represent th e voice o f th e people. T h e F ren ch C a n ad ian s were vehem ent in their d e n u n ciatio n s o f th e G o v e rn o r-G e n e ra l, w ho was allied, in their m in d s,w ith th e British p a rty ,a n d w as responsible for all th e excesses o f th e latter. T o say th a t he w as not so responsible w ould, it is to be h o p e d , be a w ork o f su p e rero g a tio n , but it m ust be o w ned th a t his d e te rm in a tio n to carry o u t th e object o f his m ission to C a n a d a w as g reat, a n d th a t h e w as not over-scrup ulous as to th e m eans em ployed to secure th a t e n d . H is c o n d u ct with regard to the electoral lim its o f Q uebec a n d M o n tre al lent som e c o lo u r to th e n o t u n re aso n a b le su p position th a t his sym pathies were entirely w ith th e British p a rty , a n d th at he did not in ten d to allow any im pedim ent to sta n d in th e w ay o f th e accom plishm ent o f his wishes. By th e U n io n Bill, as originally d ra fte d by him a n d C h ief Justice S tu a rt, only o n e m em b er w as assigned to each o f those cities. W hen th e m easu re w as laid before the C o m m o n s, Sir R obert Peel suggested th a t a larger representation w as d u e to th e c o m m e r­ cial interest, a n d a clause w as accordingly inserted assigning two m em bers to each o f th e tw o principal cities o f L ow er C a n a d a . T he A c t, as fin ally p a sse d , a u th o riz e d th e G o v e r n o r to d e fin e th e b o u n d a rie s o f th e vario u s cities a n d to w n s m entio n ed in th e A ct. L o rd S y d e n h a m ’s a tte n tio n w as draw n to th e fact th at if th e e le cto r­ al lim its o f M o n tre al a n d Q uebec were m ade to coincide w ith their m unicipal lim its, th e increased representation co n te m p la te d by the U nion A ct w o u ld n o t tak e effect, as the num erical sup erio rity o f electors in the su b u rb s w o u ld en ab le them to re tu rn b o th m em bers. T h e n u m b e r o f F re n c h C a n a d ia n re p re se n ta tiv e s - a n d by c o n s e ­ qu ence th e n u m b e r o f o p p o n e n ts o f the U n io n - w o u ld th u s be in ­ creased. L o rd S y d e n h a m ’s first object w as to m ak e the U n io n a su c ­ cess, a n d to have a m ajority o f m em bers re tu rn e d to P arliam en t w ho sh o u ld be favourable to th e G o v e rn m en t policy. H e accordingly ex­ ercised th e pow er g ra n te d him by th e A ct, a n d by a P roclam ation is­ s u e d fro m G o v e rn m e n t H o u s e , M o n tre a l, on th e 4 th o f M a rc h , 1841, d e fin e d th e b o u n d a rie s o f Q u e b e c a n d M o n tre a l in such a m an n e r as to exclude th e su b u rb s, w hich for electoral purposes were a m a lg am ate d w ith th e counties in w hich they w ere situ ated . H e by

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this m eans practically disfranchised a large n u m b e r o f th e in h a b it­ a n ts , a n d secured th e return o f m em bers pledged to su p p o rt his fa­ v o u rite p ro je c t - a n a c h ie v e m e n t fo r w h ic h th e F re n c h C a n a d ia n s ha v e never forgiven him to th e present day. It is believed th a t a t least ten o f th e m em bers w ho sat in the F irst P a rlia m en t w ere re tu rn e d e ith e r by violence o r by c o rru p tio n . T h e violence, th o u g h chiefly m anifested in L ow er C a n a d a , w as by no m eans w holly con fin ed to th a t Province. T h ere w ere “ gentle and jo y o u s ” passages o f a rm s in all p a rts o f th e c o u n try . O n e life was lost in T o ro n to , a n d a n o th e r in th e c o u n ty o f D u rh a m . Intelligence o f b ro k e n heads a n d a rm s w as received from vario u s q u a rte rs. It w as even feared lest th e published acc o u n ts o f the in num erable election riots w o u ld dissem inate such an im pression o f th e lawless sta te o f affairs as to check im m ig ratio n to C a n a d a . H ap p ily th e fear pro v ed n o t to be well g ro u n d e d . D u rin g th e second w eek in A pril th e retu rn s w ere to lerab ly well k n o w n , a n d th e G o v e rn o r m ad e up his accounts. T w en ty -fo u r o u t o f th e e ig h ty -fo u r m em bers were pledged su p p o rte rs o f his policy. O nly tw enty F ren ch m em bers F ren ch in sp irit, as well as in natio n ality - ap p ea red on th e list. O f th e rem ain der, tw enty w ere classed as m o d e ra te and five as u ltra R eform ers. O nly seven m em bers o f th e C o m p a c t h a d fo u n d seats. All things considered, th e tw o o p posing parties o f C onservatives a n d R eform ers w ere divided n o t far from equally, a n d it seem ed not im p ro b a b le th a t th e F rench p a rty w ould th u s be ab le to h o ld the b alan ce o f pow er in their h a n d s. His Excellency, how ever, felt p re t­ ty certain o f being ab le to h o ld his g ro u n d in th e A ssem bly, w hich w as to m eet a t K ingston in th e follow ing J u n e . . . . A t this po in t th e q uestion suggests itself: H o w far w as th e forc­ ing o f th e U n io n m easure u p o n a hostile m ajority ju stifiable? F o r th ere is n o th in g to be gained at this d istance o f tim e by blinding o u r eyes to th e sim ple a n d u n d o u b te d fact th a t th e U n io n w as forced u p o n th e F ren ch C a n a d ia n p o p u latio n o f th e L ow er Province. It is n o t a sufficient answ er to say , as has been said by m o re th a n one w riter, th a t th e la tte r h a d forfeited all claim s to co n sid eratio n by th eir recent disaffection. D isaffection had n o t been universal am ong th e F re n c h C a n a d ia n s ; o r a t any ra te its op en m anifestation had n o t been universal. M o reo v er, th e m ere stigm a o f trea so n h a s lost m uch o f its o p p ro b riu m in th ese latter days, a n d th e fact o f a m a n ’s being fo u n d w ith arm s in his h a n d s against an existing G o v e rn m en t is no longer to be reg ard ed as conclusive p r o o f o f his being u n w o r­ thy o f any h u m a n c o n sid era tio n . T h ere is trea so n a n d trea so n , and even th e blackest o f tra ito rs h a s certain rights. It m ay as well be conceded, to o , th a t th e C a n a d ia n rebels o f 1837 and ’38 w ere not w ith o u t som e sh o w o f justification for their rebellion. A g o o d m any o f them m ight tru th fu lly h av e echoed the declaratio n o f D r. N elson a n d his fellow -prisoners in th e new gaol o f M o n tre al, as expressed

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in a letter to L o rd D u rh a m on th e 18th o f Ju n e , 1 8 3 8 :- “ W e rebelled neither a gainst H e r M ajesty ’s person n o r her G o v e rn m en t, b u t a gainst C o lo n ial m isg o v ern m e n t___ W e re m o n s tra te d ; w e were derided. T he press assailed us w ith calu m n y a n d c o n tu m ely ; invec­ tive w as ex h au ste d ; w e w ere g o a d ed on to m adness, a n d were com pelled to sh o w w e had th e sp irit o f resistance to repel injuries, o r to be deem ed a captive, d e g rad ed and recrean t people. W e to o k up arm s n o t to a tta c k o th ers, b u t to defend ourselves.” T h e true justification for th e U n io n is to be found in th e fact th a t it p ro m o t­ ed th e tru e interests, n o t only o f th e British w ho favoured, b u t even o f th e F ren ch w ho op p o sed it. It su b stitu te d progress for retrogres­ sion, e nterprise for sta g n a tio n , m odern ideas for th o se w hich were w orn o u t o r effete. It w as n o t a perfect m easure, but it served a g o o d p u rp o se fo r th e tim e. It raised a bu rd en from the sh o u ld ers o f o u r g ra n d fa th ers, to be reim posed upon th e shoulders o f o u r fathers a n d ourselves. W ell for us th a t th e la tte r h a d m eanw hile gained stren g th to b e ar i t . . . .

C hapter 3

The First Ministry. T h e first P arliam ent o f U n ited C a n a d a assem bled at K ingston, w here th e G en eral H ospital h a d been fitted up for its a c c o m m o d a ­ tio n , on M o n d a y , th e 14th o f Ju n e , 1841. T h e Legislative C ouncil consisted o f tw e n ty -fo u r m em bers, all o f w h o m h a d been a p p o in ted by H is Excellency o n ly five days before, but only fourteen o u t o f th e tw en ty -fo u r presented them selves on th e o p e n in g d ay . In a c ­ co rd an c e w ith th e term s o f th e U n io n A ct, th e L egislative A ssem bly consisted o f e ig h ty -fo u r m em bers, forty-tw o from each o f th e form er Provinces. O f these eig h ty -fo u r, seventy-nine w ere present a t the o p e n in g o f th e session. . . . It is fitting th a t [som e m inisters] sh o u ld receive . . . a tte n tio n ; a n d it should be prem ised th a t th e M inistry w as th e result o f a practical c o alitio n , skilfully b ro u g h t a b o u t by th e G o v e rn o r-G e n e r­ al. U p to th e day o f th e open in g o f th e session, it consisted o f nine m em bers, six o f w hom belonged to th e w estern, a n d th e rem aining th ree to th e eastern section o f th e united Province. T h e A tto rn ey -G e n e ral for U p p e r C a n a d a w as W illiam H enry D ra p e r, a gentlem an w ho for a b rie f period sh ared th e leadership o f th e M inisterial p a rty in the U p p e rP ro v in c e with M r. H arriso n . M r. D ra p er has sta m p e d his nam e very distinctly u p o n th e political and judicial history o f his tim e in this c o u n try . H is career h a d been a som ew hat eventful o n e. He w as b o rn in L o n d o n , E n g la n d , in 1801. H is fath er w as a clergym an, a n d recto r o f o n e o f th e city churches there. D u rin g his early b o y h o o d , being a high-spirited y o u th , he ran aw ay to sea, a n d served for so m e tim e as a c ad e t on b o a rd a n East In d iam an . In his tw entieth year, having passed th ro u g h his full share o f a d v en tu re, he arrived in U p p e r C a n a d a , a n d o b tain e d a situ atio n as teach er o f a school a t Port H o p e . H e subsequ ently stu d ied law , a n d w as in du e tim e called to th e b a r. H e settled at L ittle Y o rk , afte rw a rd s T o ro n to , a n d devoted h im self assiduously

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to his profession. H e w as en d o w ed with high n a tu ra l abilities, and soon achieved success. H e possessed a voice o f great flexibility and sw eetness, a n d his m an n e r proved very effective before ju rie s. N o law yer o f his tim e in C a n a d a excelled him in th e su b tle a rt o f p ersuasion, a n d his silver-tongued eloquence p ro c u re d for him the so b riq u e t o f “ Sweet W illiam .” In 1836 he w as re tu rn e d to the U p p e r C a n ad ian A ssem bly by th e city o f T o ro n to , a n d a t the request o f th e L ie u te n a n t-G o v e rn o r, Sir Francis B ond H e ad , he accepted a place in th e E xecutive C ouncil o f th a t d ay , but w ithout any p o rtfo lio . D u rin g th e rebellion h e served as an aid e-d e-cam p to th e L ie u ten a n t-G o v ern o r. In M a rc h , 1837, he becam e SolicitorG e n era l, a n d he retain ed th a t office until 1840, w hen h e succeeded th e H o n . C h risto p h er A . H ag erm a n as A tto rn ey -G e n e ral. A t L ord S y d en h am 's request he h a d consented to retain th a t office in the p resent M inistry. In politics h e w as a C onservative o f a very p ro n o u n c e d cast. He was a n u p h o ld er o f C h u rc h a n d S tate do ctrin es, and h a d n o t got b e yond th e theories p revalent d u rin g th e reign o f G e o rg e I I I ; but he co u ld u p o n occasion sim ulate a positive e nthusiasm for liberal sentim ents, a n d c o u ld declaim a b o u t th e sacred rights o f a free people in a m an n e r highly edifying. A n ew sp ap er o f th e day d e ­ scribed him as “ th e m ost plausible o f m o rtals, b lan d , insinuating, persuasive, e lo q u e n t.” H e h a d little o r n o th in g in co m m o n with som e o f his colleagues, a n d it w as im possible th a t any M inistry c o n ta in in g such in congruous elem ents should lo n g h o ld t o g e th e r .. . . D u rin g th e days o f his A tto rn ey -G e n c ralsh ip . . . h e w as in the prim e a n d vig o u r o f a lusty m a n h o o d . H is figure w as m uscular and graceful, his gestures w ere strik in g , a n d his language w as w o n d erfu l­ ly im pressive a n d convincing. H is flow o f w ords w as sm o o th and easy, a n d his elocution a lm o st perfect. His voice w as such as fully to justify th e so b riq u e t already m entioned, a n d his co u n te n an c e , w hen lighted up w ith th e a n im a tio n o f deb ate, w as bright a n d attractive. H is ta c t, ad ro itn ess a n d dexterity in passing executive m easures th ro u g h th e H o u se were unrivalled. His P a rliam en tary influence w as long fully c o m m e n su rate w ith his abilities. W e a re n o t, how ­ ever, able to a p p ro v e, o r even to sy m pathize w ith m uch o f his politi­ cal career, for w e are perforce led to the conclusion th a t his views w ere n o t c o n so n a n t w ith th e best interests o f his a d o p te d c ountry. F ro m any b u t a n extrem e high T o ry po in t o f view , W illiam H enry D ra p e r, as th e M inister o f Sir C harles M etcalfe, m u st a p p e a r in th e light o f a m ere p arty politician a n d o b stru c tio n ist, ra th e r th a n in th at o f a statesm an . It is not as a politician th a t th o se w ho are m ost careful for his fam e w ish to re m e m b e r him . F o rtu n a te ly he has left a ju dicial record w hich all persons, o f w hatsoever sh a d e o f political o p in io n , m ust u nite in a d m irin g . F o r m o re th an th irty years he ad o rn ed th e ju d ic ial bench, a n d w hen he died h e left behind him a

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re p u ta tio n for ju d icial learning a n d acum en o f w hich his descendants m ay ju stly feel p ro u d . O n e o f th e ablest a n d m o st influential m em b ers o f th e E xecutive C ouncil, a n d in m an y respects o n e o f th e m ost estim able m en k now n to C a n ad ian political h istory, w as R o b e rt Baldw in. . . . M r. Baldw in e n te red political life in th e y e ar 1829, as th e su c ­ cessor o f th e H o n . Jo h n Beverly R obinson in th e representation o f th e tow n o f Y o rk . A b rie f acc o u n t o f his previous c are er will ten d to th e elucidation o f his c h a ra c te r a n d position before th e co u n try in the tim e o f his tak in g office u n d e r L o rd S ydenham . H e w as th e eldest son o f D r. W illiam W arren B aldw in, a g entlem an o f high social a n d political stan d in g , a n d w as b o rn a t L ittle Y o rk in 1804. H e studied law , a n d upon c om pleting his studies en tered u p o n th e practice o f his profession in his n ativ e to w n , in p a rtn e rsh ip w ith his father. T he latter w as a g entlem an o f very liberal a n d enlightened views, and b ro u g h t up his son w ith political ideas in a d v an ce o f his tim e and su rro u n d in g s. R o b e rt w as fro m his b o y h o o d con sp icu o u s, n o t so m uch for brilliant abilities as for a very unusual degree o f prudence a n d g o o d sense. All his actions w ere d ictated by a high sense o f duty a n d responsibility to his M a k e r. H e w as scru p u lo u sly , alm ost m o r­ bidly conscientious, in so m u ch th a t he w as in som e degree u n fitted for th e exigencies o f p a rty w arfare in those days. T h e w riter o f these pages c a n n o t b e tte r express his estim ate o f th e c h ara cte r a n d aim s o f R o b ert Baldw in th an by repeating, in effect, w h a t he has said else­ w h e r e - “ T h e tw enty a n d o d d y ears w hich have elapsed since he was laid in his grave have w itnessed m any a n d im p o rta n t changes in o u r C o n stitu tio n , as well as in o u r hab its o f th o u g h t; but his n a m e is still regarded by th e g re at m ass o f th e C a n ad ian peo p le w ith feelings o f respect a n d v en eratio n . W e can still p o in t to him w ith th e a d m iratio n d u e to a m an w h o , du rin g a tim e o f th e grossest political co rru p tio n , to o k a forem ost p a rt in o u r p u b lic affairs, a n d w ho yet preserved his integrity u n tarn ish e d . W e can po in t to him as th e m an w ho, if not th e actual a u th o r o f R esponsible G o v e rn m en t in C a n a d a , yet spent the best y ears o f his life conten d in g for it, a n d w ho c o n trib u ted m ore th an any o th e r perso n to m ak e th a t project an accom plished fact. W e c an po in t to him as o n e w ho, th o u g h a politician by predilection and by profession, never sto o p e d to disre p u ta b le practices, either to win votes o r to m ain tain him self in office. R o b ert Baldw in w as a m an w ho w as not only incapable o f falsehood o r m eanness to gain his ends, b u t w ho w as to th e last degree in to leran t o f such practices on th e p a rt o f his w arm est su p p o rte rs. If intellectual g reatness c a n n o t be claim ed fo r h im , m o ral greatness w as m o st indisputably his. Every action o f his life w as m ark ed by sincerity a n d good faith, alike to ­ w ards friend a n d foe. H e w as n o t only tru e to o th ers, b u t w as from first to last true to him self. H is useful career, a n d th e high rep u ta tio n

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w hich he left b e h in d him , furnish a n ap t c o m m e n ta ry upon th e a d ­ vice which Polonius gives to his son L aertes:T h is a b o v e all: to th in e o w n s e lf b e tru e ; A n d it m u st fo llo w , as th e n ig h t th e d ay , T h o u c a n st n o t th e n b e false to a n y m a n .

. . . N o unprejudiced m an can d o u b t th a t he w as a sincere patriot, o r th a t he w as induced to e n te r public life chiefly by a desire to p ro m o te th e general g o o d . H is frequent sacrifices o f personal a d ­ vantages w hen required by adh eren ce to his principles are sufficient p ro o f o f this; a n d h e will long be rem em bered in C a n a d a as p o s­ sessing sin g u lar purity o f m otive, a n d freedom from th e low er influ­ ences w hich o p e ra te upon politicians. O u r c o u n try has p erhaps p ro d u ced greater m en , but she has p ro d u ced n o n e b etter, a n d there is no nam e in o u r an n als to w hich we can p o in t w ith m o re u n ­ feigned respect a n d a d m ira tio n th an h is.” R eared a m id such influences, it w as to be expected th a t he w ould, upon a tta in in g his m a n h o o d , ta k e a p ro n o u n c ed sta n d on th e L iberal side in m atters political. F ro m th e tim e w hen he was old enough to have a n y decided o p in io n s o f his ow n he w as a firm ad h eren t o f th e principles involved in th e th eo ry o f R esponsible G o v e rn m en t. It w as as the a d v o ca te o f those principles th a t he was retu rn ed for th e tow n o f Y o rk in 1829. U p o n th e o p e n in g o f the session in Ja n u a ry , 1830, h e to o k his seat in th e A ssem bly. H is first P arliam en tary experience w as very brief. T h e d e a th o f K ing G eorge IV in th e follow ing J u n e ren d ered a dissolution necessary, a n d a t the ensuing election M r. B aldw in’s c an d id atu re w as unsuccessful. His influence in th e R eform p a rty , how ever, c o n tin u e d to g ro w , a l­ th o u g h he scrupulously ab stain ed from tak in g p a rt in th e faction d isputes o f th e p erio d . H is position w ould seem to have been a singularly enviable o n e in all respects. H e occupied a high ra n k at the b a r, a n d h a d a large and lucrative professional business. H e was possessed o f c o n sid erab le p ecuniary m eans, a n d w as th e heir to large a n d valuable estates. H is personal c h ara cte r m ay alm ost be said to have sto o d u p o n a pedestal. D ish o n o u r o r cro o k ed dealing h a d never a tta ch e d , even in th e rem otest degree, to th e n a m e o f R o b e rt Baldw in. T h e m em bers o f th e Fam ily C o m p a c t, whose policy he and his fath er had spent m uch o f th eir lives in opposing, united in b earing testim ony to th e sincerity a n d loftiness o f his aim s, a n d to th e u n sp o tte d purity o f his character. W hen Sir F ra n c is B ond H e ad arrived in th e Province to assum e th e L ie u ten a n t-G o v ern o rsh ip , in Ja n u a ry , 1836, there w ere three vacancies in th e Executive C ou n cil, ow ing to th e recent dism issal o f three o f th e o ld m em bers. T hese vacancies it w as necessary to fill w ith o u t delay. T h e L ie u te n a n t-G o v e rn o r fo u n d , upon in quiry, th at

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if M r. Baldw in co u ld be induced to accept office th e G o v e rn m en t w ould be very greatly stre n g th e n ed , as his n a m e inspired m ore confidence and esteem th an th a t o f any o th e r person in th e P ro v ­ ince. . . . M r. B aldw in’s reception o f th e L ie u te n a n t-G o v e rn o r’s overtures w as not e nthusiastic. H e asked tim e to answ er, a n d to consult w ith his friends, w hich w as g ra n te d h im . Several interview s to o k place betw een him a n d th e L ie u te n a n t-G o v e rn o r. H e w as disposed to insist on certain co n d itio n s w hich th e G o v e rn o r w as n o t advised to concede. T h e latter, by way o f b ringing influence to b e ar u p o n M r. Baldw in, sent for his father, D r. W . W . B aldw in, b u t for so m e tim e found father a n d son equally un m an ag eab le. O n e o f th e chief points o f discussion w as th e responsibility o f th e Executive C ouncil to th e A ssem bly. T h e B aldw ins c o n te n d ed th a t by th e C o n stitu tio n al A ct o f 1791 such responsibility already existed, a n d th a t w hen a M inistry ceased to c o m m a n d a m ajority o f votes in th e A ssem bly it w as b o u n d to resign office. T h is w as a q uestion which th e L ie u ten a n t-G o v ern o r w as n o t very c o m p e ten t to discuss. H e h a d p ro b ab ly never h e a rd o f th e C o n stitu tio n al A ct o f 1791 until his a p p o in tm e n t to his present p o sitio n , a n d he w as n o t, either by n a tu re o r train in g , fitted to grasp th e principles involved in grave c o n stitu tio n a l q u estio n s. O n th e o c ­ casion u n d e r co n sid eratio n h e seem s to have fenced w ith th e question o f executive responsibility until he could derive inspiration from the C h ie f Ju s tic e . A fte r c o n s u lta tio n w ith th a t f u n c tio n a ry h e to o k a so m e w h a t m o re determ ined sta n d w ith M r. B aldw in, but neverthe­ less m ad e certain concessions w hich seem ed to im ply a sincere desire on his p a rt to c o n d u c t his A d m in istra tio n in a cc o rd an ce with p o p u lar views. M r. B aldw in’s friends urged him to accept office, alleging th at he co u ld serve th e p o p u la r cause b etter in office th an o u t. A fter a good deal o f diplom acy a n d neg o tiatio n , M r. Baldw in en tered the A d m in istra tio n , tw o o f his friends a n d political colleagues - D r. John R olph a n d Jo h n H enry D u n n - accepting office at th e sam e tim e. T hey rem ained in office o n ly a b o u t th ree w eeks. T hey fo u n d th at they w ere treated as m ere figureheads, a n d th a t th e G o v e rn o r h a d no in ten tio n o f perm ittin g them to h a v e any real voice in carry in g on the G o v e rn m en t. T h ey w ere th u s m ad e to seem responsible, in th e public eye, for acts over w hich they h a d no m an n er o f c o n tro l. R e m o n s tr­ ances p roving unavailing, they resigned office, a n d M r. B aldw in did n o t again ta k e any p a rt in public life until 1840, th e year preceding th e co n su m m a tio n o f th e U nion. U p o n the close o f the session o f the U p p e r C a n ad ian P arlia­ m ent in F e b ru a ry , 1840, th e G o v e rn o r-G e n e ra l, M r. T h o m so n , offered th e p o st o f S o licito r-G e n era l, w hich h a d ju st becom e v a ­ c a n t, to M r. B a ld w in . T h a t g e n tle m a n ’s re p u ta tio n h a d ra th e r gained th an lost d u rin g the fo u r years w hich h a d elapsed since his retirem en t, a n d th ere could be no d o u b t th a t he w ould a d d m uch

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stren g th to th e G o v e rn m en t if h e could be induced to jo in it. He co u ld n o t, how ever, see his w ay very clearly to accepting a place in a G o v e rn m e n t w ith M r. D ra p e r , th e A tto rn e y - G e n e r a l, w hose g reat abilities h e respected, but w hose political views w ere utterly an tag o n istic to his o w n . But the G o v e rn o r-G e n e ra l, w ho possessed an a b u n d a n t degree o f sa vo ir J'aire, w as very urgent, a n d b rought no t only th e w eight o f his ow n influence to b ear, b u t also th a t o f several o f M r. B aldw in’s friends, with w hom he h a d established am icable relations. !t w as represented to M r. Baldw in th a t th e G o v ­ e rn o r-G en e ral h a d been sent o v er to C a n a d a to in au g u ra te R esp o n ­ sible G o v e rn m en t, a n d th at neither th e views o f M r. D ra p e r nor those o f any o th e r high T o ry w ould be p erm itted to sta n d in th e way o f such a c o n su m m a tio n . It w as in his pow er, he w as inform ed, to p ro m o te this desirable end by lending his c o u n te n an c e to th e G o v e r­ n o r; w hereas by keeping a lo o f he w ould render th e G o v e rn o r’s task, already sufficiently difficult, m o re a rd u o u s still. T o such argum ents he w as not likely to be insensible. T o see R esponsible G o v e rn m en t established - the “ o n e id ea” w ith w hich his nam e is inseparably a sso ­ ciated - w as o n e o f th e prim e objects o f his life. H e finally consented to accept th e v acan t S olicito r-G en eralsh ip , b u t w ithout a seat in the Executive C ouncil. In o rd e r, how ever, th a t there sho u ld be no m isap ­ prehension as to th e m otives by w hich he w as a ctu ate d , he w rote and published a letter c o n ta in in g th e follow ing a n n o u n ce m e n t:- “ I dis­ tinctly avow th a t in accepting office I consider m yself to have given a public pledge th a t I have a reaso n ab ly well g ro u n d e d confidence th at th e G o v e rn m en t o f my c o u n try is to be carried o n in accordance with th e principles o f R esponsible G o v e rn m en t w hich I have ever held. M y position politically is certainly peculiar, b u t its peculiarity has arisen o u t o f th e position in w hich th e present P arliam ent placed the G o v e rn o r-G e n e ra l, them selves a n d th e co u n try by th e co u rse they chose to a d o p t du rin g th e last session, a n d it is therefore right th a t it sh o u ld be distinctly u n d e rsto o d th a t I have not c o m e into office by m eans o f any coalitio n with th e A tto rn ey -G e n e ral o r w ith any others now in th e public service, but have do n e so u n d e r th e G o v e rn o rG e n era l, a n d expressly from m y confidence in h im .” F o r som e m o n th s after this tim e noth in g occu rred to bring the m em bers o f th e C ouncil into d irect collision, alth o u g h their official relations w ere n o t alw ays m ark ed by perfect h a rm o n y . V arious c o rresp o n d en ce to o k place betw een th e leading L iberals in th e tw o Provinces, w ith a view to ascertaining how m uch there w as in co m m o n betw een th e m , a n d how far they w ould be able to h a rm o ­ nize after th e U n io n sho u ld be accom plished. T h e F rench C a n a d i­ a n s as h a s been seen, were averse to th e project o f U nion alto g e th ­ er, a n d co u ld n o t su p p o rt th e G o v e rn m en t views. T he U p p er C a n a ­ d ian R eform ers, o n th e o th e r h a n d , a n d even m an y o f the m o d erate C onservatives, accepted the U n io n w ith cord iality . T h ere w ere also

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radical points o f difference betw een th e in h ab itan ts o f th e tw o P rov­ inces on o th er q u estio n s, a n d perfect h a rm o n y w as not to be looked fo r. T h e L ib e ra ls in each P ro v in c e , h o w e v e r, w ere d e s iro u s o f strengthen ing their h an d s by an alliance with each o th e r, a n d c o m ­ m unications passed to and fro betw een their leaders w ith a view to bringing a b o u t such a result. Such w as th e state o f affairs w hen L ord S y d en h am , in F e b ru a ry , 1841. im m ediately a fter th e U nion A ct cam e into o p e ra tio n , found him self called upon to form a M inistry for th e U n ited P rovince. H e resolved to form it from the principal officers o f S tate in each o f the old Provinces, a n d notified M r. Baldw in th at he had included his nam e in th e list. N ow . the list c o n ta in ed the nam es o f only three p e r s o n s - J o h n H enry D unn. Sam uel Bealey H arriso n , a n d D om inick D a l y - w i th w hom M r. Baldw in felt th a t he h a d m uch political affinity. O f th e o th ers, the tw o U p p e r C a n a d ia n m em bers at least were antagonistic. A s to the L ow er C a n a d ia n m em bers, he h a d not sufficient acq u a in ta n ce with them to know precisely how far he could assim ilate w ith th em , but he knew from their past careers th at there could not be a great deal in co m m o n betw een them a n d him self. In the very n a tu re o f things, how ever, a M inistry form ed u n d e r such circum stances could only be expected to be tem p o rary . A reconstruction w ould b ecom e neces­ sary upon th e m eeting o f th e Legislature, if not before. So argued M r. Baldw in. H e did not w ish to a p p e a r factious, o r to em barrass th e G o v e rn o r-G e n era l in his a tte m p t to m ake th e U nion a success. He placed the utm o st reliance upon L ord S y d e n h a m 's good faith, a n d desired to assist rath er th an oppose him . H e accordingly a c ­ cepted office as S o licito r-G en eral: but in o rd e r th a t there should be no m isu n d erstan d in g on th e subject he at once w rote to fo u r o f his colleagues - M essrs. D ra p er. S ullivan. O gden a n d D ay - apprising them o f his entire w an t o f political confidence in them . H e w rote to the G o v e rn o r to th e sam e effect, a n d a n n o u n ce d to His Excellency his opin io n th at such an a rra n g e m e n t o f th e A d m in istratio n w ould not c o m m a n d th e su p p o rt o f P a rlia m e n t.. . . A greeably to a p reconcerted a rra n g e m e n t, th e leading m em bers o f the Liberal p arty from b o th sections o f th e Province reached K ingston several days before th e open in g o f th e session, in order th a t a conference m ight be held respecting th e political situation. M an y m em bers w ho afte rw a rd s fought side by side in Parliam ent then m et for the first tim e. M r. Baldwin w as present at th e m eeting: a n d indeed he h a d been th e instrum ent used for calling it together. T h e m em bers were frank a n d explicit in sta tin g their views. It a p ­ peared very clearly th a t, ow ing to the presence in th e M inistry o f M essrs. Sullivan. D ra p er. O gden and D ay. th e R eform p arty gen­ erally w ere not disposed to su p p o rt it: alth o u g h there w as. even on th e p art o f th e L ow er C a n ad ian m em bers, an alm ost u nanim ous expression o f confidence in M r. Baldw in. T h e F rench C an ad ian

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m em bers also, as w as n a tu ra l e n o u g h , insisted upon being repre­ sented in the C a b in e t, and their claim s in this respect w ere recog­ nized bv th e general voice o f th e Liberal party . T his w as m ad e so indisputably clear th a t M r. Baldw in felt h im self b o u n d to insist u pon a reco n stru ctio n . H e could not retain office in a M inistry w hich did not enjoy the confidence o f his p a rty . T h e altern ativ e o f reconstruction o r resignation sta red him in the face. M r. Baldw in accordingly w ro te to His Excellency on S a tu rd ay , th e 12th o f Ju n e , explaining his views, a n d advising such a reco n ­ stru c tio n o f the M inistry as sho u ld include several F rench C an ad ian m em bers. His Excellency w as apprised th a t th e R eform ers from E astern a n d W estern C a n a d a h a d form ed them selves into a united party w hich represented the political views o f a g reat m ajority o f the people: th at th e m em bers o f th at p a rty had no confidence in the A d m in istra tio n as then c o n stitu ted - th o u g h , it w as a d d ed , th e want o f confidence did not extend to th e H ead o f th e G o v e rn m en t - and th a t before it w o u ld be possible fo r them to su p p o rt the A d m in is­ tratio n M r. Sullivan. M r. D ra p e r. M r. O gden a n d M r. D ay m ust cease to be m em bers o f it. M r. Baldw in add ed th at in the faithful discharge o f the sacred d u ty im posed upon him by his o a th o f office he felt b o u n d respectfully to ten d er to His Excellency his h um ble advice th at the reco n stru ctio n o f th e A d m in istratio n u p o n the basis suggested w as a m easu re essential to th e successful a n d h a p p y c o n ­ duct o f public affairs. T he reconstruction o f the m inistry suggested by M r. Baldw in at this tim e w ould have involved no c o n stitu tio n al irregularity. A very sim ilar reco n stru ctio n , indeed, to o k place in th e su m m er o f 1842. du rin g th e A d m in istra tio n o f Sir C harles B agot. T h e G o v e rn o rG e n era l. how ever, refused to be d ictated to , a n d declined th e o v er­ ture in no very even fram e o f m ind. T he F ren ch C a n ad ian s, he said, had op p o sed th e U n io n , a n d their hostility to th at m easure h a d suffered no dim in u tio n . H e h a d several m o n th s before offered M r. L afontaine a place in th e G o v e rn m en t, and th a t gentlem an had th o u g h t p ro p er to refuse the offer. H is Excellency’s rejection o f M r. B aldw in's p ro p o sal left th e latter no altern ativ e but to resign, w hich he did on th e evening o f the sam e day. less th an forty-eight hours before th e open in g o f the session. Such are th e facts with reference to this m atter, w hich have been g arbled to suit the views o f tw o g enerations o f political partisan s, a n d have been m ade a g ro u n d o f censure against M r. Baldw in by L o rd S y d e n h a m 's b io g rap h er, [G . P oulett S crope]. and o th ers w ho have follow ed in his w ake. W e have now b ro u g h t M r. B aldw in’s life dow n to th e point at w hich the n arrativ e has arrived - the open in g o f th e session o f 1841. In personal a p p ea ran c e he w as less ro b u st th an M r. D ra p er, and his address w as by no m eans so ingratiating. H e w as slightly above the m edium height, a n d tho u g h he had scarcely reached m iddle age

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there w as a perceptible sto o p in his shoulders. His c o u n te n an c e was w an tin g in c o lo u r, a n d its expression w as ra th e r stolid. His eyes, unless w hen lighted u p b\ th e excitem ent o f d e b ate, w ere deficient in a n im a tio n , a n d th ere w as noth in g a b o u t him to proclaim th at he was intellectually above the average o f his lello u -m e n . His ideas did not c o m e to him quickly, a n d as a sp eak er he w as neither fluent nor brilliant. His sentences were ill c o n stru cted , a n d he often paused for w ant o f a w o rd : but his clear com m o n sen se. keen love o f justice, a n d perfect honesty o f p u rp o se som etim es m ad e his speeches m ore effective than th e m o re florid a n d finished o ra tio n s o f som e o f his c o n te m p o ra ries. W h eth er in o r o u t o f P arliam en t, he alw ays c o m ­ m an d ed an attentive audience. R o b ert B aldw in S ullivan, th e President o f the C ou n cil, was p ro b ab ly the m o st brilliant m an know n to the C a n ad ian history' ol his tim e. He w as o n e o f th e C row n a p p o in tees to th e Legislative C o u n cil: w as Irish by birth a n d p a ren tag e , a n d had em igrated to C a n a d a in his y o u th . His m o th e r w as a sister o f the D r. W . W . B aldw in already m en tio n ed , so th a t he w as a first cousin ol R obert B aldw in him self. H e studied law in the office o f D r. B aldw in, who. after the m an n er o f those prim itive tim es, united the legal with the m edical profession in his practice. A lte r his call to th e b a r he e n ­ tered into p a rtn e rsh ip with his cousin, at Y o rk , and speedily a t­ tained high professional ra n k . N o tw ith stan d in g this c o n n ec tio n , and th e L iberal influences a m o n g w hich his y o u th w as passed, he allied h im self with th e C o n serv ativ e p arty upon his entry' into public life. It is difficult to believe th at he had any stro n g political convictions on either side. Indeed, in a fte r years he w as k n o w n to say to his colleagues in the M inistry: "S ettle y o u r policy a m o n g y o u as you please. W h atev er policy you d eterm ine to a d o p t. I engage to furnish y o u with good reasons for its a d o p tio n ." H e held enlightened views, b ut they w ere views m erely, a n d not convictions. It so happened th at w hen he first began to tak e an interest in public affairs, in 1834, various circum stances com bined to alienate him Irom his L iberal c onnections. His uncle and cousin h a d ceased, for the tim e, to ta k e an active p a rt in politics. W illiam Lyon M ackenzie had forced him self upon the n otice o f the m ore adv an ced w ing o f the R eform p a rty , a n d w as besides a conspicuous factor in m unicipal affairs. H e h a d been retu rn ed as first m ay o r o f the new ly-incorpo­ rated tow n o f T o ro n to . M r. Sullivan w as also an asp iran t to m u n ic­ ipal h o n o u rs, a n d found h im self op p o sed to M r. M ackenzie on vario u s q uestions o f local policy. A t a sub seq u en t m u nicipal elec­ tion he successfully op p o sed M r. M ackenzie in St. D a v id 's W ard, a n d w as a fterw ards elected to the m ayoralty. T here w as a m arked a n tagonism betw een him a n d M ackenzie, w hich erelong extended itself beyond th e confines o f m unicipal affairs. Sullivan denounced M ackenzie as a noisy dem agogue. M ackenzie retorted by c h ara cte r­

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izing Sullivan as an o ilv-tongued law yer w ho w ould lie th e loudest for the client w ho h a d the longest purse. T h o se w ho espoused M ackenzie's side w ere m em bers o f th e R eform p a rty , w hile Sulli­ v a n 's su p p o rte rs w ere C onservatives. M r. S ullivan's social predilec­ tions also threw him a m o n g C onservative society. W hen Sir Francis H ead a p p ea red on th e scene he frate rn i/e d w ith M r. Sullivan, and offered him a seat in the E xecutive C ouncil, which offer w as accept­ ed. F o u r ultra-C o n serv ativ es w ere adm itted into the C ouncil at the sam e tim e, and erelong the p o p u la r b ranch o f the L egislature pas­ sed a vote o f w ant o f confidence in all th e five. M r. Sullivan's fortunes were th u s com pletely identified with th e C onservative p a r­ ty. and he soon becam e th e L ie u te n a n t-G o v e rn o r’s m ost trusted C oun cillo r. T h en c efo rw ard he held office continuously until after the date at which the n arrativ e has arrived. An im partial h istorian is b o u n d to give M r. Sullivan credit for very high intellectual pow ers. A s an o ra to r he certainly had no rival a m o n g his co n tem p o raries. H e h a d a brilliant im ag in atio n , and w onderful pow er o f expression. H e possessed a w ide and various know ledge o f m en a n d things. H e co u ld alw ays be depended upon to m ak e an effective plea e ith e r for o r against any m easure that engaged his a tte n tio n , and he could feel the pulse o f th e H ouse w hile lie w as speaking. T he great defects o f his c h ara cte r were w ant o f sincerity a n d w ant o f genuine earnestness o f p u rpose. T hough devoid o f stro n g political convictions, he had the faculty o f perso n ­ ating them with w onderful cleverness. He co u ld , w hen occasion required, m ake a telling speech in which he w ould seem to be carried aw ay by a w hirlw ind o f p assion. A t its close he w ould som etim es ask his n eig h b o u r if he h a d not played his part well; and on o n e occasion he added: " M y ow n opin io n is all th e o th e r w ay. but there is no o n e on th a t side o f th e I louse sh a rp e n ough to see the w eakness o f m y a rg u m e n t." H e sp o k e with a stro n g Irish p ro ­ vincial accent, w hich w as som etim es lud icro u s, but alw ays m usical a n d effective. H e w as fond o f display, a n d inordinately vain o f his talents. . . . Sam uel Bealey H a rrison w as a less c onspicuous figure than those m em bers o f th e C ouncil already m entioned, but he w as leader o f th e R eform elem ent in the M inisterial party in U p p e r C a n a d a , and w as a m an o f so m e m ark in his day. It has been said o f him th at he w as " a person very difficult to describe, from w ant o f salient points in his c h a ra c te r." H e w as a n English law yer w ho h a d e m i­ grated to C a n a d a a few years before this tim e with a v iew -to engaging in agriculture. H e h ad . how ever, drifted into o th e r p u r­ suits. a n d had becom e private secretary to Sir G e o rg e A rth u r, the last L ie u te n a n t-G o v e rn o r o f U p p e r C a n a d a . H e subsequently e n ­ gaged in politics, a n d at this p eriod held the portfolio o f Provincial Secretary for U p p e r C a n a d a . F o r som e m o n th s, indeed, he was the

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actual Prem ier. A t the tim e o f th e open in g o f th e session he was w ith o u t a seat in th e A ssem bly, having been defeated in H am ilton by Sir A llan M a c N a b , a n d in th e county o f K ent by M r. Joseph W o o d s: but he w as so o n afte rw a rd s returned for K ingston, in place o f M r. A n th o n y M a n a h a n . w ho resigned his seat and accepted the post o f C ollector o f C u sto m s at T o ro n to . W ith no pretence to brilliant parts, M r. H arriso n w as a m an o f stro n g sense, and w as a useful m em ber o f th e M inistry. In politics he w as a m o d era te R e­ form er. " H is q u a litie s." says {Sir J. W .| K aye, “ were for the m ost p art o f a negative description. U nassum ing a n d unaffected, m aking no display o f his talents, he still got th ro u g h his business in such a m an n e r as to justify a belief in their existence. But a lthough his c h ara cte r w as n o t clearly defined, his political o pinions w ere: and his L iberalism w as at least u n d o u b te d ." In personal a p p ea ran c e he w as above th e m edium size, ru ddv, a n d o f a cheerful c ountenance. His speeches w ere sh o rt and practical, a n d had a b o u t them an air of c a n d o u r and sincerity. A som ew hat c onspicuo us figure in his day and g e n era tio n was D om inick D aly, w ho held th e post o f Provincial S ecretary for the L ow er Province. H e has been a p tly called " th e p e rm a n en t secretary, th e Vicar o f Bray o f C a n ad ian politics.” A good deal o f harsh criticism has been passed u p o n M r. D aly's political c are er in C a n a ­ da. T h at career is certainly not o n e to be held up to unbo u n d ed ad m iratio n , but those w ho have censured it the loudest seem to ignore th e incidents o f his previous life a n d train in g . I le belonged to an o rd e r o f things w hich passed aw ay w ith the in au g u ratio n o f the U n io n . H e w as an Irishm an a n d a R o m an C ath o lic, w ho h a d com e o u t to C a n a d a w ith L ie u ten a n t-G o v ern o r Sir F rancis B urton, in 1823. W hen Sir Francis re tu rn e d to E ngland his secretary a cco m ­ panied him . but a fterw ards returned to Q uebec to la k e the post o f Provincial Secretary. He c o n tin u ed in th e public service for a c o n ­ tin u o u s p eriod o f a b o u t a q u a rte r o f a century th ereafter. H e a t­ tained som e m easure o f p o p u larity w ith the French C a n a d ia n s ow ing doubtless in large m easu re to his religion - and seem s to have been a good deal tru ste d by successive G o v e rn o rs. H e w as a place­ m a n - " t h e last o f the old b u re a u c ra c y " - an d deem ed it to be his duty to su p p o rt the G o v e rn m e n t policy, w hatever th at policy m ight h ap p en to be. O f politics he knew little. H e never allied him sell with any p arty, had no ap titu d e fo r political life, a n d w as alm ost devoid o f political sy m pathy. H e w as a m em ber o f L o rd D u rh a m 's E xecu­ tive. a n d seem s to have been highly esteem ed by th a t noblem an. L ord S ydenham found in him a m an w ho m ight be im plicitly de­ pended upon to carry out his (the G o v e rn o r's) will, a n d accordingly retained him in his post o f Provincial Secretars for L ow er C a n ad a . It w ould have been well if he h a d been pensioned as an old public serv an t, and th u s disposed of. for his subsequent political career

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w as not an unm ixed success. H e continued to hold office through repeated changes o f G o v e rn m en t for a period o f seven years, and co u ld never he m ad e to see th at h e o u g h t to resign m erely because his colleagues found it necessary to do so. H e regarded his office in th e light o f a p e rm a n en t a p p o in tm en t, w hich he w as q uite justified in retaining so long as he enjoyed the co u n te n an c e o f the G o v e rn o r. F o r th e rest, he w as a fair specim en o f th e Irish gentlem an. His m anners were pleasing, a n d his h eart kindly. Socially he w as a C onservative, a n d . unless w hen his tem p er w as unduly ruffled, he had a fair share o f tac t and good ju d g m e n t. H e did not possess the n a tio n a l gift o f eloquence, a n d w as but an indifferent speaker. He represented the constituency o f M egantic in th e A ssem bly. In the H ouse he exerted little influence, but his experience w as useful in C ouncil, and he w as generally p o p u lar with all classes. “ T he verdict on h im ." says a c o n te m p o ra ry w riter, "o u g h t p erhaps to be th a t at a transition period he fulfilled a useful pu rp o se, though it is im pos­ sible to regard him w ith any w arm er feeling than one o f criticism , w hich is baulked for w an t o f a s ta n d a rd ." H e was th e only R om an C a th o lic m em ber o f the G o v e rn m en t. . . .

C hapter 4

The Assembly of Notables V arious m en o f m ark , in a d d itio n to th e m em bers o f the M inistry, w ere returned to th e first Legislative A ssem bly u n d e r th e U nion. C onsp icu o u s a m o n g the representatives from the L ow er P rov­ ince w as T h o m a s C ushing A ylw in. a law yer, a n d a m an o f shrew d intellect, con sid erab le learning, a n d great pow ers o f deb ate. H e was a C an ad ian by b irth , h aving been born in th e city o f Q uebec in 1806. His y o u th had been o n e o f exceptional brightness a n d p ro m ­ ise. a n d tho u g h still so m e w h a t sh o rt o f m iddle age. he had won high distinction in his profession, a n d w as acco u n ted o n e o f the highest au thorities, in C a n a d a on the subject o f crim inal ju ris p ru d ­ ence. H e had show n stro n g L iberal predilections from his b o y h o o d , a n d ten years before the tim e o f his a p p e a ra n c e in this history he h a d w on considerable rep u tatio n as a cau stic a n d slashing w riter o f new spaper articles. D uring L o rd G o s fo rd 's ad m in istratio n o f affairs M r. A ylw in h a d distinguished h im self by his ch am p io n sh ip o f the French C a n a d ia n s, a n d by his jo u rn alistic a n d o ra to rica l onslaughts u pon the policy pursued by th at n oblem an. H e w as o n e o f the original founders o f the C o n stitu tio n al A ssociation o f Q uebec, and w as th e friend a n d c o a d ju to r o f Jo h n N eilson, th e veteran ed ito r o f th e Q uebec G a zelle. H e now sat in P arliam en t for th e first tim e, an d represented the constituency o f P o rtn eu f. H e w as destined to rem ain in the H ouse for seven years, during w hich p eriod he won the deserved re p u ta tio n o f being the keenest P arliam en tary debater o f his tim e in C a n a d a . H is su b seq u e n t career on th e ju dicial bench w as o f m ore th an average m a rk , so long as health a n d vig o u r were vouchsafed to h im : but it can hardly be said th a t th e perform ance o f his m atu re age kept pace w ith the brilliant prom ise o f his youth and m iddle life. H e paid th e penalty o f precocity, a n d w as an old

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m an . b o th in m ind a n d b o d y , b e fo re his tim e. W hen he first took his seat in the First P arliam ent, how ever, the prim e o f his m an h o o d w as upon him . a n d he still, in the w ords o f th e poet, felt his days before him . H e had a rasping a n d incisive to n g u e, c o m b in ed with g reat pow ers o f v itu p e ratio n , by th e exercise o f w hich he on m ore th an one occasion b ro u g h t do w n upon his head blo o d th irsty threats o f vengeance from those w hom he so m ercilessly assailed. H e was nearsighted a n d w ore spectacles, a n d was ra th e r below the m edium size. W hen he chose, he co u ld display m ost ingratiatin g m anners, a n d be an exceedingly agreeable c o m p a n io n . L ord M etcalfe's biog­ ra p h er describes him as he ap p ea red tw o years l a t e r - “ a m an o f infinite ad ro itn ess a n d law yer-like sagacity, skilled in m aking the w orse a p p ea r th e b etter reason, a n d exposing th e w eakness o f an a d v ersa ry 's cause.” A n o th e r n o tab le personage w as . . . Jo h n N eilson. o n e o f the m ost energetic a n d h a rd -w o rk in g m en w ho have ever taken part in C a n ad ian public life. M r. N eilson w as S cottish by birth a n d de­ scent. but had em igrated from S cotland to C a n a d a in 1790. when he w as a b o u t fourteen years o f age. O ne o f his p a te rn al uncles w as then p ro p rie to r o f th e Quebec• G a zelle, th e first new spaper ever published in C a n a d a , a n d th e nephew seem s to have been em ployed upon the p a p er in som e capacity from th e tim e o f his first arrival in the c o u n try . U p o n a tta in in g his m ajority, he took the entire direction o f th e G a zelle, w hich w as published b o th in French a n d in English, a n d u n d e r his active m anagem ent a tta in e d w hat for those days w as acco u n te d as a large circulation a n d influence. He h a d been engaged in public life for m ore th an tw enty-tw o years at the tim e o f the c o n su m m a tio n o f th e U n io n , having been first retu rn ed to the Provincial A ssem bly o f L ow er C a n a d a in 1818. for th e c o u n ty o f Q uebec. H e identified him self w ith th e interests o f his Province, and to o k a leading part in discussing th e m any im p o rta n t public questions o f th e tim e. H e devoted p articu lar a tte n tio n to the subjects o f ed u catio n a n d agriculture, a n d adv o cated m any useful reform s. H e w as endow ed w ith a large a n d practical m ind, was honest a n d w ell-m eaning, and o f high personal c h ara cte r. H e called him self, a n d doubtless conscientiously believed him self to be. a L ib ­ eral. but th e cast o f his m ind w as by no m eans th at o f an a g ita to r. H is zeal for reform w as restricted w ithin c o n stitu tio n a l bounds. T here w as a b o u t him no th in g o f the m ere d em agogue. H e fought th e b attles o f th e F rench C a n ad ian s, and w as highlv regarded by them in tu rn . H e ad v o ca te d the preservation o f m any o f th eir laws an d cu sto m s, a n d stigm atized certain acts o f successive G o v e rn o rs as a rb itrary e n cro a ch m e n ts on th e rights o f the n ative p opulation. H e w as op p o sed to unnecessary changes, and w as slow to a p prove o f radical reform s the benefits o f which were n o t clearly d e m o n stra ­ ble. In 1822 he a cc o m p a n ied L ouis Joseph P apineau to E ngland to

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o p p o se the schem e for th e u niting o f the tw o Provinces w hich was then co n te m p la te d by th e Im perial G o v e rn m en t. H e w as one o f the delegates chosen in 1828 to present the “ m o n ster p e titio n " o f 87,000 F rench C a n a d ia n s to th e Im perial P arliam ent. In 1834 he was despatched on a th ird m ission to E ngland on b e h alf o f the people o f th e Low er Province. D u rin g all these years he h a d exercised a certain supervision over th e m anagem ent o f the G a zelle, a n d a year o r tw o before th e breaking o u t o f th e rebellion he h a d been c o m ­ pelled, in consequence o f th e death o f his son. to resum e the entire direction o f th a t jo u rn a l. H e con d em n ed the rebellion, but sy m p a­ thized with m any o f the inciting causes w hich led to it, a n d put forth th e weight o f his influence to save m any m isguided m en who to o k p a rt in the o u tb re a k . T o the schem e o f union he w as vehe­ m ently o p p o se d , a n d as a m em ber o f th e Special C ouncil voted against it. W hen th e project becam e an accom plished fact he was not a w hit reconciled to it, a n d now to o k his seat in th e A ssem bly determ ined to o p p o se th e G o v e rn m e n t's policy to the u tm o st, in so far as th e U n io n w as concerned. H e was by this tim e a n old m an of sixty-five, but his eye w as u n d im m e d , a n d his natu ral force alm ost u n a b ated . H e w as not an eloquent o r even an effective speak er, but the vigour o f his intellect w as constantly m aking itself a p p a re n t, and he w as an invaluable m em ber o f select com m ittees. H e sat in the H ouse for his old constituency o f Q uebec C o u n ty , w here he had been retu rn ed w ith o u t o p p o s itio n .. . . A ugustus N o rb e rt M orin, a F rench C a n a d ia n a d v o cate o f m id­ dle age, had alread y m ade his m ark in th e Provincial Legislature, but had not yet g ath ered all th e fam e w hich w as in sto re for him . H e cam e o f a m iddle-class fam ily, and w on an h o n o u ra b le place in his profession while he w as still a very you n g m an. H e w as first re tu rn e d to P arliam ent in 1830. w hen he w as tw enty-eight years ol aae, a n d tho u g h diffident in his m an n er, he so o n becam e know n as a m an o f con sid erab le political insight a n d pow er. H e to o k p art in all the c onspicuous debates o f th e period, a n d in 1834 w as deputed by th e A ssem bly to repair to E ngland as th e colleague ol M r. D. B. Viger. w ho h a d preceded him th ith er to present certain petitions an d lay certain facts before th e British M inistry. H is personal c h a r­ acter sto o d very high, and he w as respected as a th o ro u g h ly upright an d h o n o u ra b le m a n . A t this period he did n o t speak th e English language with g reat fluency, a n d did not often address the H ouse, but his great influence a m o n g his c o m p a trio ts w as u n d o u b te d . He w as a m an. to o , w ho w ore well. He w as u n d e m o n stra tiv e , a n d the reverse o f self-asserting. O n e m ight k n o w him for years w ithout recognizing the force and genuine depth o f m anliness th a t were in h im .. . . O n e o f th e m ost no tew o rth y representatives from th e U pper Province w as undo u b ted ly F rancis H in c k s .. . . M r. H ineks w as an

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Irishm an by birth a n d e ducation. H e w as b orn at C o rk , in 1807. H is father, the Rev. D r. T . D. H incks, w as a learned divine o f the Irish Presbyterian C h u rc h . H e h im self was bred to com m ercial p u r­ suits. He em ig rated from Ireland in 1832, a n d settled at Little Y o rk , in U p p er C a n a d a , w here he engaged in business as a w hole­ sale m erch an t. H e form ed a n in tim ate friendship w ith th e Baldw in fam ily, a n d a tta ch e d him self to th e R eform p arty. H e soon gave up com m ercial life, a n d becam e the m an ag er o f a ban k p ro m o ted chiefly by the R eform ers in a n d n e ar T o ro n to , a n d becam e know n as a m an o f m uch shrew dness a n d good ju d g m e n t. H e first cam e c onspicuously before the public in 1835. in c onnection with a P a r­ liam entary investigation into the affairs o f the W elland C a n a l, in w hich he u n e arth ed various abuses, and proved incontestably that there h a d been g reat m ism an ag em en t in th e co n d u ct o f affairs. In 1838. h aving form ally allied h im self with the R eform p a rty , he established The T o ro n to E x a m in e r, a weekly p a p er published in the interests o f th at p arty, and having for its m o tto : “ R esponsible G o v ­ e rn m en t and the V o lu n tary P rinciple.” M r. H incks proved him self to be a vigorous a n d versatile w riter, a n d the E x a m in e r did good w ork for the p o p u la r cause. A lone a m o n g U p p e r C a n a d ia n jo u r­ nalists, he upheld the d octrines enun ciated in L o rd D u rh a m 's re­ p o rt. T he pap er o b tain e d a wide circulation for those tim es, and m ade th e e d ito r's nam e know n th ro u g h o u t th e land. A t th e first general election u n d e r th e U n io n he w as invited to stand as the R eform c a n d id a te for the c o u n ty o f O x fo rd . H e assented, a n d was returned to the A ssem bly, w here he erelong, as will be seen, becam e o n e o f th e m ost c o n sp icu o u s figures. H e w as a m aster o f accounts, a n d a fluent a n d incisive sp e a k er, a n d he had a th o ro u g h g ra sp o f th e m ain points at issue in the c o u n try . On questio n s respecting the tra d e a n d currency o f C a n a d a his know ledge w as g re ater th an that ol any m an in the A ssem bly. H e w as destined to hold an im p o rta n t office in the G o v e rn m en t, and to play an im p o rta n t part in o u r P arliam en tary history. Jo h n S andfield M a c d o n ald , w ho w as destined to plav an alm ost equally p ro m in e n t part in political life, also to o k his seat in P arlia­ m ent for th e hrst tim e in 1841. H e w as in his tw enty-ninth year, a n d sat in the A ssem bly for his native c o u n ty o f G len g arry . By w hat insignificant events is the future o f som e m en 's lives d e te r­ m ined! A fter several boyish escap ad es, yo u n g M a cd o n ald had be­ gun life as a clerk in a general “ sto re ” at C ornw all. H e w as sm all o f sta tu re , and w hen carry in g parcels h om e for his e m p lo y e r's c u sto m ­ ers w as som etim es trea te d with ignom iny by th e street A ra b s, who pelted him with snow balls and called him u n sa v o u ry n am es. In a fter years the w ear a n d tea r o f an exceptionally co m b a tiv e political life rendered him c ase-h ard en ed , but at this tim e th e epithet o f “ c o u n te r-h o p p e r" proved to o m uch for his sensitive organ izatio n .

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O n e day. a fter being subjected to greater c o ntum ely th an usual, he threw up the “ c o u n te r-h o p p in g " business in p ro fo u n d disgust, and e ntered upon th e stu d y o f th e law . S om e persons m ight be disposed to p ro n o u n c e this sudden change o f o c cu p a tio n a leap from the frying-pan into th e fire. In his case it did not prove so. N o t­ w ith s ta n d in g th e d ra w b a c k s in se p a ra b le fro m a c o n s titu tio n far from ro b u st, he stu d ied diligently, and early in 1840 w as adm itted as an a tto rn ey . H e settled do w n to the practice o f his profession at C o rn w a ll, a n d so o n gained both m oney a n d fam e. H e w as a re p re ­ sentative R o m an C ath o lic G a el, a n d as th e p o p u latio n o f th e c o u n ­ try th ere ab o u ts w as largely m ad e up o f persons o f the sam e religion and natio n ality , he h a d no lack o f clients. H e th ro v e apace, and becam e the idol o f th e C eltic p o p u latio n . Six m o n th s after his adm ission as a n a tto rn ey he w as called to the Bar. a n d at the general election o f 1841 he w as retu rn ed to th e A ssem bly, w here, as will in due co u rse be seen, h e w as not long in m aking his presence fell. He was presu m ed to have been elected in the C onservative interest, but it w as som e years before his co n stitu e n ts m ade any attem p t to dictate to him as to his political co n d u ct. It w as suffi­ cient for them th at he w as “ th e M a c d o n a ld .” a n d th a t he could m ake a rattling speech to them in their native G aelic to n g u e. A s for him self, his political views w ere o f a decidedly c o m p o site o rd e r. He finally determ ined to cast in his lot with the U p p e r C a n ad ian C o n ­ servatives a n d th e L ow er C a n a d ia n Frenchm en w ho o p p o se d the G o v e rn m en t, but it c a n n o t be said th at he ever acted very cordially w ith them . H e w as, as he in after years described him self to be, a political Ishm aelite. Sir A llan N a p ier M a c N a b w as m o re c onspicuous by reason o f his p ro m in en t position in th e C o nservative p a rty th an from his inherent abilities, tho u g h he a fterw ards pro v ed th at he possessed o n e o f th e m ost im p o rta n t qualifications for th e m ere politician — th e ability to bow to the inevitable, and to m ak e concessions with a g o o d grace w hen concessions co u ld no longer be avoided. H e h a d a som ew hat c h eq u ered history. Like m any o th ers o f his race and lineage, he suffered from c h ro n ic im pecuniosity. He w as bo rn at N ew ark (N ia g a ra ) in 1798. His father h a d been a soldier in the R evolutionary W ar. a n d afte rw a rd s a m em b er o f the sta ff o f L ieu­ te n a n t-G o v e rn o r Sim coe. T h e son inherited a fondness for a m ili­ tary life, a n d n o tw ith sta n d in g his tender age. saw som e active ser­ vice during the w ar o f 1812-'15. H e w as subsequently em ployed as a copying clerk in tran scrib in g th e jo u rn a ls o f th e U p p e r C an ad ian A ssem bly. H e studied law at Y o rk , and while so engaged he was com pelled to resort to all kinds o f devices to save him self from arrest for debt. O n m ore th an o n e occasion he w as in th a t harassing sta te o f existence know n in technical p a rla n ce as " o n th e lim its."

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a n d w as com pelled to restrict his p e ram b u la tio n s w ithin the ch arm ed circles o f the blue posts which in those tim es m ark e d th e b o u n d a ry th a t m ust not be passed by a bailed d e b to r. H e h a d . how ever, a ro b u st co n stitu tio n a n d a pow erful fram e, a n d his pecuniary tro u ­ bles never seem ed to check the hilarious flow o f his spirits. In 1825 he w as called to th e b a r. and som e years later began legal practice in H am ilton. A m ore than average m easure o f professional success a tte n d ed him th ere, but he never learned the secret o f restricting his ex p en d itu re w ithin the lim its o f his incom e, and w as alw ays in pecuniary straits. In 1829 h e a p p ea red as a w itness before a c o m ­ m ittee o f the I louse o f A ssem bly at Little Y o rk , to testify c o n ce rn ­ ing his know ledge o f an o u trag e w hich had been co m m itted at H am ilton a sh o rt tim e previously, w hen th e L ie u ten a n t-G o v ern o r. Sir Jo h n C o lb o rn e. had been bu rn ed in effigy. F o r declining to answ er certain co m p ro m isin g questio n s put by D r. R o lp h . he was declared guilty o f c o n te m p t and breach o f privilege, a n d w as c o m ­ m itted to gaol du rin g the pleasure o f th e H ouse. T his m ade a political m artyr o f him in the estim ation o f the Tory party , a n d at th e follow ing general election he w as reiu rn ed to the A ssem bly in th e T o r\ interest by th e electors o f th e c o u n ty o f W en tw o rth . He represented th at constitu en cy th ro u g h the three next Parliam ents, a n d in 1837 w as elected S p eak er o f ths A ssem bly. D u rin g the rebellion he to o k th e c o m m a n d o f th e Provincial m ilitia, a n d distin ­ guished h im self on th e N ia g ara frontier by directing th e cuttin g out o f the steam er C aroline from th e A m erican side o f th e N iagara R iver, a n d startin g her adrift to float over th e terrible c ataract several m iles below . In recognition o f this achievem ent, a n d o f his m ilitary services generally, he a fterw ards received th e h o n o u r o f k n ig h th o o d . A t th e general election for m e m b e rs o f th e First P arlia­ m ent u n d e r the U n io n he offered h im self to the electors o f H am il­ to n , in o p p o sitio n to Sam uel Bealey H arriso n , th e Provincial Secre­ ta ry . A s the nom inee o f the A dm in istratio n this g entlem an w as a form idable o p p o n e n t, but Sir A llan w as personally p o p u lar, a n d his services during th e rebellion w ere still fresh in the public m em ory. T h e Provincial S ecretary w as beaten , a n d . a fte r being again beaten in K ent, w as finally com pelled to tak e refuge in K ingston. . . . Sir A llan to o k his seat in th e A ssem bly as th e avow ed leader o f the C onservative p a rty , a position w hich he retained for m any years. His C onservatism w as the legitim ate result o f his training a n d asso­ ciations. T h ere w as no th in g o f th e statesm an a b o u t him . but his position as leader o f a p a rty , his P arliam en tary know ledge and experience, and his personal p o p u larity m ad e him a p ro m in e n t fig­ ure in the A ssem bly. F o r the rest, he w as a m an o f average capacity a n d g o o d presence, w ho could m ake a fairly effective speech on any subject w hich he h a d m uch at h eart. He alw ays seem ed to be

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so m e w h a t w eighted by the ra n k w hich h a d been conferred upon him by his grateful Sovereign, b u t w as affable a n d c o u rte o u s, and b o re h im self w ith a tolerably g o o d grace. W illiam H a m ilto n M e rritt sat for the N o rth R iding o f Lincoln. H e w as the so n o f a U . E. L oyalist, and h a d him self tak e n p a rt in defending the C a n a d ia n fro n tier during th e w a r o f 1812-'15. He w as th e fo u n d e r o f St. C a th a rin e s, but w as m o re w idely know n from his c onnection with th e W elland C a n a l - a n e nterprise as to which a C a n a d ia n w riter well observes th a t “ th e canals o f L angue­ d o c, o r those w hich have m ad e m em orable th e title o f B ridgew ater a n d th e n a m e o f D e W itt C lin to n , are m ere puny shreds a n d rib b o n ­ like rills o f w a ter, sm all in them selves, a n d insignificant in their uses, as c o m p a red w ith th e m agnificent w o rk th a t W illiam H am il­ ton M errit p ro jected : for th e W elland C anal connects th e inland seas o f N o rth A m erica, a n d for the purposes o f co m m erce unites in o n e basin h a lf th e fresh w ater on o u r g lo b e.” W hether M r. M erritt orig in ated th e idea o f connecting Lakes Erie a n d O n ta rio by m eans o f a canal m ay p erh ap s be open to q u estio n ; but it is c ertain th a t his indefatigable exertions hastened its co n stru ctio n , a n d th a t to him , m o re th a n to any o th e r m a n . C a n a d a is indebted for its existence. It is even p ro b a b le th a t it w o u ld have been con stru cted th ro u g h the territo ry o f th e U n ited States instead o f in C a n a d a h a d it not been th a t M r. M erritt gave up th e best p a rt o f m any years o f his life to urging th e pro ject upon th e U p p e r C a n ad ian P arliam ent a n d peo­ ple. H e w as n o t a p articularly brilliant m an , b u t he possessed a large fund o f g o o d sense, a high personal c h aracter, a n d a sincere desire for th e c o u n try ’s w elfare. Before th e U n io n he h a d sat in the Provincial A ssem bly for th e c o u n ty o f H a ld im a n d . H e w as m o d er­ ate in his politics, a n d acted w ith th e R efo rm party . M alcolm C a m e ro n represented the c o u n ty o f L an a rk . H e was o f h um ble p a ren tag e , and w as b orn at T h re e Rivers, in Low er C a n a d a , in 1808. H is father h a d been h ospital sergeant o f a H igh­ lan d regim ent sta tio n e d in C a n a d a , a n d w as a fterw ards a tavernkeeper a t P e rth , in th e O tta w a D istrict. T h e deg rad in g b ar-ro o m scenes h e w as com pelled to w itness in his early b o y h o o d , add ed to his m o th e r’s w ise a d m o n itio n s, m ad e him a zealous ap o stle o f the tem p e ra n c e cause th ro u g h o u t th e w hole o f his after life. H e had been com pelled to m ak e his ow n w ay in th e w orld, a n d h a d devoted his atte n tio n to m ercantile pu rsu its, in which he h a d been fairly successful. H e w as a R adical in politics, a n d first en tered public life in 1836, w hen he w as re tu rn e d to the U p p e r C an ad ian A ssem bly as m em b er for L an a rk . H e m a d e him self c o n sp icu o u s by his o p p o si­ tio n to th e G o v e rn o r, Sir F ran cis B ond H e ad , a n d by his virulent den u n ciatio n s o f th e Fam ily C o m p ac t. H e w as a n h o n e st, earnest a n d upon th e w hole a w ell-m eaning m a n , w ho did a g reat deal o f useful w ork in his d ay , a n d a tta in e d m uch re p u ta tio n as a m em ber

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o f P a rlia m en t; b u t he w as n o t alw ays easy to m an ag e, a n d was restive u n d e r discipline. T h o u g h a tta ch e d to th e advanced w ing o f th e R eform p a rty , h e declined to follow M r. B aldw in’s lead when th a t g entlem an declared his w ant o f confidence in, a n d w ithdrew from , th e A d m in istra tio n . H e so o n a n n o u n ce d h im self as a su p ­ p o rte r o f th e G o v e rn m e n t policy. H e w as sm all o f sta tu re and insignificant in ap p ea ran c e, a n d his o ra to r)' w as m arre d by w an t o f education a n d an unm usical voice. A t the tim e o f the U n io n , how ­ ever, h e w as still y o u n g , a n d his best days w ere yet to com e.

C hapter 5

The First Test O f the Union Act F o r som e w eeks p rio r to th e open in g o f th e F irst P arliam ent, the in h ab itan ts o f th e historic o ld tow n o f K ingston were in a sta te o f c onsiderable e xpectation. T h e hopes o f h a lf a century before were a b o u t to becom e realities. A t th e tim e o f the division o f th e Prov­ inces in 1791, th e little m ilitary po st at th e foot o f L ake O n ta rio h a d indulged th e a m b itio n o f becom ing the capital o f U p p e r C a n a ­ d a , a n d L ord D o rch ester, th e G o v e rn o r-G e n e ra l, had favoured this idea. L ie u ten a n t-G o v ern o r Sim coe, how ever, h a d refused to be dic­ tate d to in so im p o rta n t a m atter as th e choice o f a cap ital for his provincial d o m a in , a n d a fte r spending a season at N ew ark had (literally) pitched his ten t n e a r th e m o u th o f th e D on R iver, on the site w h e re L ittle Y o rk s u b s e q u e n tly e m e rg e d fro m th e e te rn a l sw am p a n d scru b . K in g sto n 's hopes w ere blasted for th e tim e, and she never again p erm itted h erself to indulge in visions o f m etro p o li­ tan greatness until th e pro ject o f U nion w as fairly under way. U p p e r C a n ad ian s w ould n o t assent to. o r even seriously entertain th e schem e o f a u nion o f th e P rovinces, unless u p o n th e express un d erstan d in g th a t th e cap ital sho u ld be in U p p e r C a n a d a . T his being conceded, it w as desirable to place th e seat o f G o v e rn m e n t as n e ar to the L ow er Province as possible, a n d K ingston w as the n e a re st to w n a ffo rd in g a n y th in g like s u ita b le a c c o m m o d a tio n . K ingston w as accordingly nam ed by L ord S ydenham , a n d m any o f th e in h ab itan ts believed it p ro b a b le th at their tow n w ould be the p e rm a n en t capital o f C a n a d a , a n d p erm itted them selves to look forw ard to a g re at a n d p ro sp e ro u s future. Extensive p reparations w ere m ad e, a n d the place w as victualled as th o u g h for a siege. Real e state rose greatly in value, a n d h ouse-rents a tta in e d to w hat in those days w ere acco u n ted as phenom enal figures-----

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A t noon on M o n d a y , th e 14th o f [ J u n e ] - th a t being th e h o u r n a m e d for adm inistering th e o a th to m em bers, by the C om m ission­ ers a p p o in ted for th a t p u r p o s e - t h e A ssem bly C h a m b e r w as filled to overflow ing. T h e C om m issioners were th e H o n . Levius P. S her­ w o o d , W illiam H ep b u rn a n d T h o m a s K irk p a trick . In ad d itio n to th e m em bers o f th e tw o H ouses, vario u s persons o f influence from all p arts o f th e c o u n try a tte n d ed to w itness th e cerem onies. A m o n g th em , occupying a seat w ithin th e b a r, w as th e H o n . Jo sep h H ow e, w ho w as then S p eak er o f th e Provincial H ouse o f A ssem bly o f N o v a Scotia. C o n tra ry to general e xpectation, th e G o v e rn o r-G e n ­ eral w as not present, a n d th e session w as not form ally opened until th e follow ing d ay . H is Excellency’s absence w as m uch com m ented o n , as being c o n tra ry to P arliam en tary usage. T h e seventy-nine m em bers present h aving been sw orn in, and having taken th eir seats, th e C lerk , M r. W illiam B um s L indsay, read th e G o v e rn o r-G e n e ra l’s P roclam ation convening th e P arlia­ m ent. T h e next m a tte r requiring a tte n tio n w as th e election o f a S peaker. It w as considered politic to elect a L ow er C a n ad ian to th a t position, a n d , in accordance w ith a p reconcerted a rran g em en t, M r. M o rin , representative o f th e c o u n ty o f N icolet, m oved th a t M r. A u stin Cuvillier, th e m em ber for H u n tin g d o n , be S peaker. T he discussion to w hich this, th e first m otion m ad e in th e U nited P arlia­ m en t, gave rise, w as o m in o u s o f th e fierce faction fights to com e in a fter days, w hen m atters o f g ra v er im p o rt sh o u ld form th e subject o f deb ate. T he m over, in a few w ell-chosen w o rd s, paid a trib u te to M r. C uvillier’s know ledge a n d experience o f P arliam en tary bu si­ ness, a n d expressed a ho p e th a t all form er differences w ould be b u ried , a n d the. business o f th e c o u n try am icably proceeded with. M r. M erritt, o f N o rth L incoln, seconded th e m o tio n , a n d a d d ed a few w ords to th e effect th a t his su p p o rt o f M r. C uvillier w as due to th a t ge n tle m a n 's being an a d v o cate o f R esponsible G o v ern m en t. C olonel Prince, m em ber for Essex, then m ad e a few rem ark s in su p p o rt o f th e m o tio n . H e said th a t M r. C uvillier, like him self, w as a m o d erate reform er, a n d th a t by v oting fo r th a t gentlem an, he, the sp eaker, w as paying his ow n co n stitu e n ts a c o m p lim e n t, m any o f them being L ow er C a n a d ia n s. H e trusted th a t m em bers from the L ow er Province w ould hold o u t th e h a n d o f friendship, a n d evince a desire to pull to g eth e r by thro w in g aside p a rty feelings. A fter p a y in g a tr ib u te o f re sp e c t to th e ta le n ts a n d d e p o rtm e n t o f S ir A llan M a c N ab , th e late S p eak er o f th e U p p e r C a n ad ian A ssem bly, th e C olonel to o k his se a t, a n d it seem ed, for th e m o m e n t, as though th e m otion w as a b o u t to pass w ith o u t d eb ate o r w rangling. F o r a m o m e n t o n ly . S carcely h a d th e e c h o o f C o lo n e l P rin c e ’s voice ceased to be h eard w hen M r. H incks, O x fo rd ’s representative, rose to his feet. H e said th a t in o rd e r to prevent being m isunderstood, a n d to do w hat he deem ed his duty to his co n stitu en ts, he w ould

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briefly sta te th e reasons w hy h e should vote for M r. C uvillier as S peaker. So so o n as th e elections w ere over, h e h a d tak e n th e best m eans o f ascertaining w ho th e m o st co m p e ten t person w o u ld be to fill th e C h a ir, a n d th e conclusion at w hich he arrived h a d led him to su p p o rt M r. C uvillier. H e w as well assured, h e a d d ed , th a t M r. C uvillier w as firmly opp o sed to th e Civil List being w ithdraw n from th e people, a n d th a t h e h a d n o confidence w hatever in th e A d m in is­ tra tio n , being entirely o p p o se d to its L ow er C a n ad ian policy. As M r. H incks sat d o w n , M r. C a rtw rig h t, th e m em ber for L ennox and A d d in g to n , arose, a n d w ith m uch w arm th said th a t he h a d not in ten d ed to o p p o se th e m o tio n , but th a t after th e speech m ad e by th e m em ber o f O x fo rd he felt it his d u ty to m ove, in am en d m en t, th a t Sir A llan M a c N a b be S peaker. M r. Jo h n s to n , o f C arleto n , rem a rk ed th at h e did n o t believe M r. C uvillier entertain ed th e views a ttrib u te d to him by M r. H incks. M r. Price, m em ber for th e First D ivision o f Y o rk , co n cu rred w ith M r. H incks in thin k in g th a t M r. C uvillier could n o t have any confidence in th e A d m in istra tio n , as it w as com p o sed o f m aterials th a t co u ld n o t possibly w o rk together. M r. Cuvillier, h e said , w as a su p p o rte r o f L o rd D u rh a m ’s policy, w hich w as n o t carried o u t by th e A d m in istra tio n . M r. J. P. R oblin, o f Prince E d w ard , regretted th a t such rem ark s as those to which he h a d ju st listened sh o u ld have fallen from M r. H incks. H e co n sid ­ ered such re m a rk s as unsuited to th e occasion. H e w o u ld su p p o rt M r. Cuvillier fo r S peaker, a n d he th o u g h t th a t any expression o f M r. C uvillier’s views w as uncalled for. M r. T h o rb u rn (S outh L in­ coln) c o n cu rre d in th e sentim ents expressed by M r. R o b lin , and said th a t the body o f th e p eople in U p p e r C a n a d a desired m o d e ra ­ tio n . “ If there is a tim e to bu ry distinctions, a n d present a peaceoffering to th e c o u n try ,” said M r. T h o rb u rn , “ now is th a t tim e. H e th o u g h t M r. C uvillier every w ay qualified, a n d a fte r paying a c o m p lim en t to S ir A llan M a c N a b , c oncluded by hop in g th a t the h o n o u ra b le m em b er for L en n o x a n d A d d in g to n w ould w ithdraw his a m e n d m en t. M r. H incks explained his previous re m a rk s by saying th a t h e h a d n o t given utterance to any desire for an expres­ sion o f op in io n from M r. C uvillier; b u t he claim ed a right to state on w h at g ro u n d he su p p o rte d th a t gentlem an. M r. C a m e ro n , o f L a n a rk , tru sted th a t th e discussion w as at an e n d . H e th o u g h t the Sp eak er should be able to speak b o th th e F rench a n d English languages, a n d it w as chiefly for this reason th a t he sh o u ld su p p o rt M r. Cuvillier. S ir A llan M a c N a b then requested th e h o n o u rab le m em ber for L ennox a n d A d d in g to n to w ithdraw his m otion o f a m e n d m en t; a d d in g th a t h e th o u g h t M r. H incks justified in giving his reasons fo r su p p o rtin g M r. C uvillier, a n d th a t in his opinion every m em ber o u g h t to do th e sam e. M r. C a rtw rig h t accordingly w ith d re w th e a m e n d m e n t, w h e re u p o n C a p ta in E lm es S teele, o f Sim coe, expressed regret th a t M r. H incks sh o u ld have d istu rb ed the

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un an im ity th a t prevailed w ith regard to M r. Cuvillier. T h en fol­ low ed som e p o in ted rem ark s from M r. A ylw in, m em ber for Portneuf. H e said th a t h e entirely agreed with w h at h a d fallen from M r. H incks. F o r his p a rt he deem ed it his d u ty to declare w hy he su p p o rte d M r. C uvillier; a n d for one, he w o u ld certainly n o t s u p ­ p o rt th a t g entlem an if he h a d n o t confidence in him . H e th o u g h t it necessary th a t th e S p eak er should be a g entlem an possessing the c onfidence o f th e w hole h ouse. H e, how ever, w ould prefer M r. Viger, but w o u ld yield to th e disposition o f th e U p p e r C an ad ian s, a n d vote for M r. C uvillier; it still being on th e express u n d e rsta n d ­ ing th a t M r. C uvillier h a d really no confidence in th e G o v ern m en t. If he, M r. A ylw in, th o u g h t otherw ise, he w ould ra th e r vote for Sir A llan M a c N a b , o r a n y o th e r T o ry , th a n for th e h o n o u ra b le m em ­ b er for H u n tin g d o n . H e w as convinced, how ever, th a t M r. C uvil­ lier w as o p p o se d to th e A d m in istra tio n , a n d to m ak e th e m atter certain , he considered it desirable th a t th a t g entlem an should give an expression o f his views. A lth o u g h he w as extrem ely desirous that un an im ity sh o u ld exist, he co u ld n o t, he said, sacrifice his principles to preserve it. H e th o u g h t th a t an expression o f op in io n on th e p art o f M r. C uvillier w as necessary, n o t only in o rd e r th at th e people o f C a n a d a should clearly u n d e rsta n d th e position o f m em bers, but th a t th e people o f E ngland, if indeed they to o k any interest in C a n ad ian affairs, sh o u ld also c o m p re h en d it. M r. A ylw in repeated th a t alth o u g h he w o u ld desire to see th at tru e m arty r to his c o untry, M r. Viger, placed in th e C h a ir, still, to preserve cordiality he should vote for M r. C uvillier. M r. M o rin co n cu rred with som e o f the sentim ents uttered by M r. A ylw in. but w o u ld c o n sid er it extrem ely w rong to press for an expression o f M r. C uvillier’s opin io n at that tim e, a n d th o u g h t such a co u rse on the p a rt o f M r. C uvillier w ould be o u t o f place, a n d w ould expose th e H ouse to e m b a rrassm en t and c o n te n tio n , w ith o u t d oing any g o o d w hatever. M r. M orin co n clu d ­ ed by reco m m ending M r. C uvillier not to sta te his political views at th a t tim e. M r. Sm ith (o f F ro n te n a c ) rose a n d said th a t for his part he had entire confidence in th e A d m in istra tio n , and th o u g h t the rem ark s o f M r. H incks in bad taste at th a t p a rticu la r tim e. M r. Sm ith th o u g h t it w ould be im p ru d e n t in M r. C uvillier to sta te his political views, a n d in fact th e proceedings o f th e h o n o u ra b le m em ­ b er for O xford w ould, if carried o u t, be equal to a declaratio n o f w an t o f confidence in the G o v e r n m e n t- a co u rse th at w ould lead to a dissolution o f P arliam en t. T his statem en t b ro u g h t M r. D raper, th e A tto rn ey -G e n e ral for U p p e r C a n a d a , to his feet. H e said he had not intended to tak e any p a rt in th e discussion, b u t he could not rem ain silent a fter w hat h a d fallen from th e last speaker. W hen he, th e A tto rn ey -G e n e ral, heard th e H ouse th reaten ed with a disso­ lution. because it expressed, in a ccordance w ith th e co n stitu tio n , its views on any q u e stio n , he m ust re p u d ia te th e idea th a t such senti­

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m en ts w ere held by th e G o v e rn m en t. H e highly ap p ro v ed o f M r. C uvillier as S peaker, on a cc o u n t o f his sp eak in g the F rench lan ­ guage, a n d in consequence o f his high P arliam en tary qualifications. M r. B uch an an , o f T o ro n to , differed from th e h o n o u ra b le m em ber for O x fo rd as to bringing up any th in g likely to recall th e p ast. T he present A d m in istra tio n , he said , as yet h a d no c h a ra c te r- i t h a d no confidence in itself. W hen th e lau g h te r evoked by this dry sally had subsided, M r. D u ra n d , o f W est H a lto n , ro se a n d said th a t he su p p p o rte d M r. C uvillier in consequence o f his being an im partial a n d dignified g e n tlem an , w ho w ould give a to n e to th e H ouse, and he w as satisfied th a t M r. C uvillier could never fill th e C h a ir were he n o t su p p o rte d by th e R eform ers present. H e believed M r. C uvillier w as a R efo rm er, a n d w ould only su p p o rt th e G o v e rn m en t w hen it acted in accordance w ith th e expressed wishes o f th e people. A fter u n im p o rta n t re m a rk s by several o th e r m em bers, the m otion w as p u t, th a t M r. C uvillier be S p eak er o f th e H o u se. It w as carried w ith o u t a dissenting voice; w hereu p o n M r. M orin and M r. M erritt co n d u cted M r. C uvillier to th e C h a ir. M r C uvillier begged th a t the H o u se w ould re-consider its v o te, a n d choose som e m o re c o m p e ­ te n t person to be its S peaker, b u t on th e H ouse persisting in its choice, he said th a t h e co u ld n o t express his feelings o f sincere and heartfelt g ra titu d e for the high dignity they h a d conferred upon him . It fell to th e lot o f few, he said , to adeq u ately fill th e office. H e, how ever, w o u ld do his best to discharge satisfactorily th e im ­ p o rta n t tru st co n ferred upon him . T h en , tu rn in g to th e L ow er C a ­ nad ian m em bers, he repeated his re m a rk in F re n c h ; after w hich he to o k form al possession o f th e C h a ir. T he royal m ace having been laid on th e tab le . Sir A llan M a c N a b then m oved th a t th e H ouse a d jo u rn . T his caused a w arm a n d a nim ated d e b ate, in th e co u rse o f w hich m uch ability a n d research w as displayed by th e principal speakers. T he a d jo u rn m en t w as w arm ly a n d vigorously o p p o se d by M essieurs Viger, A ylw in, a n d M o rin , w ho to o k th e g ro u n d th a t they h a d not th e p o w er to a d jo u rn , as they w ere not an organized body. T hey a rg u ed th a t it w as alto g eth er c o n tra ry to P arliam entary usage to a d jo u rn u n d e r such circum stances; a n d not only w ithout precedent, and in o p p o sitio n to th e c o m m o n law o f E ngland, but u n su p p o rte d by sta tu te law . M r. A ylw in a n d M r. V iger c ontended with g reat ability for this, insisting th a t P arliam ent could not be said to have assem bled until the th ree estates h a d m et. M essieurs D ra p ­ er, O gden and D ay su p p o rte d th e m otion for a d jo u rn m e n t, and argued th a t th e U n io n A ct. having do n e aw ay w ith th e necessity for o b tain in g the sa n c tio n o f th e royal au th o rity to th e choice o f the S p e a k er, th e H ouse, after th a t officer's election, sto o d in th e sam e position as the British H ouse o f C o m m o n s after a S peaker has been chosen. T h e discussion c o n tin u ed until five o ’clock, w hen th e m o ­ tion w as put by th e C h a ir, a n d carried by a m ajority o f tw enty. T he

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H ouse accordingly a d jo u rn e d to tw o o ’clock in th e a fte rn o o n o f the day follow ing. It w as noticed th a t M r. Baldw in m ain tain ed a so l­ em n silence th ro u g h o u t th e deb ate. H is reason for so doing w as the fact th a t he h a d sent in his resignation to th e G o v e rn o r-G e n era l, a n d th a t he h a d not received notice o f its acceptance, and had consequently felt his m outh closed, tho u g h he vo ted against the a d jo u rn m en t. A n d thus end ed th e first e n co u n ter betw een hostile parties in the U nited A ssem bly. Even those w ho had n o t tak e n active p a rt in the discussion h a d plainly signified, by their d e m e an o u r, a n d by their cheers o f the respective sp eak ers, w here their ow n sym pathies lay. T h e w an t o f confidence o f a large a n d influential w ing o f th e R e­ form p arty in th e A d m in istra tio n no longer ad m itte d o f d o u b t, and b efore M r. B aldw in retired to rest th at night he w as cong ratu lated by som e o f his friends upon his h aving resigned office. T h e next day (the 15th), at tw o o ’clock in th e a fte rn o o n , his Excellency, a tte n d ed by a n u m ero u s civil a n d m ilitary staff, repaired in sta te to th e Legislative C ouncil C h a m b e r, for th e p u rp o se o f form ally open in g th e session. H e fo u n d the fourteen m em bers o f th e U p p e r H o u se already in their places. H e c o m m a n d ed th e a t­ ten d an ce o f th e m em bers o f th e A ssem bly, w ho were aw aiting the su m m o n s in th eir ow n C h a m b e r. T he latter forthw ith presented them selves before his Excellency, a n d M r. C uvillier a n n o u n ce d that h e h a d on th e previous day been chosen as S p eak er by th e A ssem ­ bly. H is Excellency bow ed his acquiescence; w hereu p o n th e S p eak ­ e r d e m an d ed th e cu sto m a ry privileges. T h e representative o f M ajes­ ty w as pleased to assent to th e d e m a n d ; after w hich he proceeded to o pen th e session w ith the speech from th e th ro n e . His voice was clear, a n d he read his speech from m an u scrip t notes with ease and fluency, tho u g h his bearing w as so m ew h at languid, a n d it w as evi­ dent th a t his lab o u rs during th e last few m o n th s had im paired his health. T h e Speech, w hich to u ch ed u p o n every leading topic o f public interest, w as m ark e d by a to n e o f m o d era tio n a n d p ractical good sense. A fter a few in tro d u c to ry rem ark s on th e g reat a n d im p o rta n t duties im posed upon th e L egislature by th e U n io n A ct, his Excel­ lency referred to th e case o f A lexander M cL eo d , a British subject d e ta in ed in c u sto d y in th e U n ited States, on a charge o f having been concerned in th e c u ttin g -o u t and b u rn in g o f th e steam b o at C a ro lin e, in th e N ia g a ra R iver, on th e night o f th e 29th o f D ecem ­ ber, 1 8 3 7 . . . . T h e Speech referred to M c L eo d ’s forcible detention, a n d sta te d th a t a d e m a n d h a d been m ad e by H er M ajesty’s rep re­ sentative at W ash in g to n for his release. T h e H ouses w ere next in­ form ed th a t arra n g e m e n ts h a d been com pleted for greatly reducing the rates o f postag e betw een C a n a d a a n d th e U n ited K ingdom , and th a t a m o re speedy a n d regular conveyance o f letters betw een differ­

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e n t p a rts o f th e Province h a d been p rovided for. F u rth e r im p ro v e­ m en ts in the postal system , it w as said, w ere likely to accrue from th e lab o u rs o f a com m ission w hich h a d been a p p o in te d to inquire in to a n d rep o rt u p o n th e w hole post-office system o f British N o rth A m erica. T he Speech next ad v erted to th e im p o rtan ce o f adop tin g m easures for developing th e resources o f th e Province by wellconsidered and extensive public w orks. It w as conceded th a t a great outlay w ould be needed in o rd e r to c arry o u t such w orks successful­ ly, a n d th a t th e financial co n d itio n o f th e P rovince w as n o t such as to en courage th e a tte m p t; b u t his Excellency stated th a t th e H om e G o v e rn m en t h a d consented to pledge th e credit o f th e m o th e r c o u n ­ try to a loan o f a m illion a n d a h a lf sterling, to aid th e Province in dim inishing th e pressure o f th e interest on th e public d eb t, a n d to en ab le it to proceed w ith th e public w orks w hich h a d been in te r­ ru p te d by th e financial difficulties. O n th e im p o rta n t subject o f im m ig ratio n , th e H ouses w ere inform ed th a t th e H o m e G o v e rn m en t w o u ld afford assistance to convey im m igrants from th e p o rt o f d e b a rk a tio n to th e place w here th eir la b o u r m ight be m ade availa­ ble. T h e utility o f establishing a general system o f local self-governm ent w as p o in te d o u t, as well as th e establishm ent o f a c o m p re h en ­ sive a n d efficient system o f e d u ca tio n . R eference w as then m ad e to th e intention o f th e H o m e G o v e rn m en t to d evote a large sum an n u ally to th e m ilitary defences o f th e P rovince, a n d to H e r M a j­ esty’s d e te rm in a tio n to m aintain her N o rth A m erican possessions at all h a za rd s as p a rt o f h e r E m pire. H is Excellency c oncluded by an earnest a n d elo q u en t invocation to peace, union a n d progress. U p o n th e conclusion o f th e Speech, th e G o v e rn o r-G e n e ra l left for A lw ington H o u s e ,1 his d e p a rtu re from th e P arliam ent H ouse being signalized, as his arrival h a d been, by a salute o f th e royal artillery. T h e m em bers o f th e A ssem bly then re tu rn e d to th eir ow n C h a m b e r, w here th e usual form alities relating to th e Speech from th e T h ro n e w ere go n e th ro u g h w ith. T h e re m a in d e r o f th e a fter­ n o o n w as taken up by m o tio n s o f m em bers relative to th e in tro d u c ­ tion o f Bills a n d P etitions. O n m otion o f M r. Jo h n S im pson, m em ­ ber for V audrcuil, a c o m m ittee w as a p p o in ted by th e S peaker to p re p are a set o f rules a n d o rd e rs for th e guidance o f th e H o u se, and it w as decided th a t, until th e re p o rt o f th e C o m m itte e sh o u ld be received, th e rules o f th e late H ouse o f A ssem bly for L o w er C a n a d a sh o u ld be observed. T h e subject o f th e Speech from th e T h ro n e was m ad e th e o rd e r o f th e day for th e follow ing F riday, w hich w as the 18th o f th e m o n th . T h e test vote o n th e A ddress in reply to th e Speech w as looked fo rw ard to w ith eager e x p ectatio n , a n d even w ith anxiety, for the A ssem bly w as divided into so m an y parties th a t it w as im possible to pred ict th e result o f th e vote with e n tire confidence. N ightly c au c u s­ es w ere held, a n d som eth in g w as accom plished in th e w ay o f org an -

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ization. T h e strictly P arliam en tary business tran sac te d in th e in te r­ val w as form al a n d u n im p o rta n t. E arly o n th e a p p o in te d F rid ay the A d d ress, co u ch ed in th e conven tio n al term s, w as a d o p te d in C o m ­ m ittee by th e Legislative C ouncil, w here th ere w ere only tw o dissen­ tien t voices. M r. Sullivan m ad e a pow erful speech in su p p o rt o f the G o v e rn m en t a n d its policy, a n d w axed elo q u en t over th e personal characteristics o f L o rd S y d en h am . Fie dep recated th e national and p arty anim osities o f p a st tim es, a n d besought th e F rench C an ad ian m em bers to jo in h a n d s cordially w ith th o se a m o n g w hom th eir lot h a d been cast. In th e A ssem bly th e d eb ate w as long, and extended into th e m iddle o f th e follow ing w eek. It m ay be w o rth w hile to glance a t th e a rra n g e m e n t o f m em bers in th e A ssem bly. T o th e right o f th e S p eak er sat th e su p p o rte rs o f th e G o v e rn m en t, including a m ajority o f th e U p p e r C a n a d ia n re p ­ resentatives a n d nearly all th e British representatives from th e L ow ­ er Province. T h e low er benches w ere a p p ro p ria te d to th e m em bers o f th e A d m in istra tio n . B eyond, to th e extrem e right, sat th e m em ­ bers o f th e old C onservative p arty o f U p p e r C a n a d a , w ith S ir A llan M a c N a b at th eir h ead . T o th e S p eak er’s left sat th e O pposition, including the F rench C a n a d ia n m em bers, several British Low er C a n a d ia n m em bers w ho acted w ith th em , a n d th e m ost advanced o f th e U p p e r C a n a d ia n R eform ers. O n th e extrem e left sat R obert B aldw in, Francis H incks, J o h n N eilson, D . B. Viger, A . N . M orin, T . C . A ylw in, J. H . Price a n d J . E . Sm all. It w o u ld be a great m istake to su p p o se, how ever, th a t an a rb itra ry line divided the m em bers to th e right o f th e S p eak er from th o se on his left. T here w ere som e points in co m m o n betw een m em bers w ho sa t on o p p o s­ ite sides, and there w ere stro n g points o f divergence betw een those w ho sat on th e sam e side. N o th in g is m o re m isleading th a n to m entally divide th e m em bers o f th e first H ouse o f A ssem bly under th e U n io n into tw o hostile cam p s o f M inisterialists a n d O p position. A ny o n e w ho does so will find h im self in a sta te o f u tte r confusion w h e n h e co m e s to a n a ly z e th e v o te s fro m w eek to w e ek , as th e session drew its slow length along. T h e fact is th a t there w as as yet so little o rg a n iz atio n th a t n o w ell-defined line co u ld b e d ra w n , and th e p a rty b o u n d aries were c hanging alm o st from day to day. T he points o f agreem ent prevailing in 1841 h a d alm ost entirely disap­ peared before th e close o f th e session o f 1842; and this elasticity o f party lines m ust be c o n stan tly b o rn e in m in d by a n y o n e w ho wishes to clearly u n d e rstan d th e m otives w hich gave birth to th e som ew hat com plicated P arliam en tary tactics o f th e p e rio d .2 T h e forenoon o f th e 18th w as spent by th e A ssem bly in a d o p t­ ing rules and o rd ers for their guidance, p u rsu a n t to th e re p o rt o f the C o m m itte e w hich h a d been a p p o in ted three days before. T h e d e ­ b a te on th e o rd e r o f th e d a y did not begin until three o ’clock in the a fte rn o o n , w hen M r. M alcolm C a m e ro n , th e m em ber for L an ark ,

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b ro u g h t up the resolutions on w hich th e A ddress - a n echo o f th e Speech from th e T h r o n e - w a s to be founded. A s th e d eb ate w as o f such im p o rta n ce th a t it m ay p roperly be characterized as an epoch in th e constitu tio n al history o f C a n a d a , th e a u th o r considers it desirable to give a tolerably full a cc o u n t o f th a t p o rtio n o f it relating to R esponsible G o v e rn m en t. M r. C a m e ro n , in p ro p o sin g th e resolutions, stated th a t he was n o t desirous at th a t m o m en t to press their discussion, a n d w ould, if th e H ouse w ished, lay them on th e tab le ; b u t ho ld in g th e conviction w hich h e did in regard to th em , he felt b o u n d to m ake som e prefatory rem arks. “ A new ex p erim en t,” said he, “ is a b o u t to be m ad e in th e G o v e rn m e n t o f C a n a d a , a n d o n e u n d e r th e o p e ratio n o f w hich a greater responsibility devolves u p o n the H ead o f th at G o v e rn m en t. T h e dry and p arch ed soil is not m ore eager for the com ing show er th an are th e people o f this c o u n try for th e estab lish ­ m ent o f th e A d m in istra tio n o f th e G o v e rn m en t o f this Province upon such a basis as will ensure its tran q u illity , a n d consequently th e extension o f trad e , a n d th e happiness o f all classes o f H er M ajesty’s subjects.” T h e sp e a k er then w ent on to say th a t the general course o f pro ced u re a d o p te d by his Excellency m et w ith his (the sp eak er’s) a p p ro b a tio n . H e h a d com e to th a t H ouse prep ared to su p p o rt the G o v e rn o r-G e n e ra l, a n d h a d been elected as a friend o f th e A d m in istra tio n . H e expressed regret th a t th e G o v ern m en t w ere not then p re p are d with a Bill for p ro m o tin g e d u ca tio n , w hich he h o p ed w ould have becom e o n e o f the im p o rta n t features o f the session. H e th en a lluded to th e satisfactory declaratio n respecting th e d etention o f M r. M cL eo d ; to th e im proved postal regulations; a n d to th e p robability o f C a n a d a being able to avail herself o f British capital. H e concluded by m oving, as an in tro d u c to ry resolu­ tio n , th a t th e H ouse hum bly th an k his Excellency th e G o v e rn o rG eneral for the Speech delivered from th e T h r o n e .. . . A fte r so m e tim e sp e n t in d isc u ssio n . M r. B u c h a n a n b ro u g h t m atters to a crisis by calling u p o n th e G o v e rn m e n t for im p o rta n t in fo rm a tio n , a d d in g th a t the giving o f th e in fo rm a tio n o u g h t, in his o p in io n , to precede any discussion on th e A ddress. H e, in a w ord, form ally called u p o n th e gentlem en occupying th e T reasu ry benches to sta te for the in fo rm a tio n o f th e H ouse th e principles upon which it w as intended th a t th e G o v e rn m en t should be carried o n . “ D o the m em bers o f th e Executive G o v e rn m e n t” - asked M r. B u c h a n a n “ acknow ledge their responsibility to C a n ad ian public o p in io n , as expressed by a m ajority o f this H ouse, for the advice w hich they give to th e H ead o f th e G o v e rn m en t, so far as n o t to rem ain connected with a n A d m in istra tio n against w hich a vote o f w an t o f confidence has passed in the A ssem bly, unless in case o f an im m edi­ a te dissolution o f P arliam ent? In o th e r w o rd s, will th e M inistry in

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this Province recognize the principle o f retain in g office w hen they c a n n o t c o m m a n d a m ajority in th e H ouse o f A ssem bly?” Such a q uestion as this it w as m anifestly im possible for the G o v e rn m en t to ignore; yet it w as a m ost em barrassing o n e for them to answ er. T h ere w as not perfect un an im ity o f opin io n on the subject a m o n g th em . T h ere w ere at least tw o o f them w ho w ould p ro b ab ly have been h a rd p u t to it if required to give an intelligent exposition o f th eir personal views on R esponsible G o v ern m en t. T h ere w ere o th ers w h o , while professing to a p p ro v e o f R esponsible G o v e rn m en t, c o n stru e d th e d o ctrin e a fter a fashion w hich they well knew not to be in a cc o rd an ce w ith th e p o p u la r theories. T h e task o f replying to M r. B u c h an a n ’s p ertinent query devolved u p o n M r. A tto rn ey -G e n e ral D ra p er, a n d certainly there w as no m em b er o f th e G o v e rn m en t, m o re cap ab le o f ad roitly fencing w ith it. H e was shrew d enough to see th a t a crisis had arrived, a n d he addressed h im self to his task w ith all th e acum en for w hich he w as preem i­ nently distinguished. H e began his rem ark s by saying th a t he was very' h a p p y to have th e o p p o rtu n ity (w hich w as now a fforded him for th e first tim e) o f e ntering into a n exposition o f th e views which w ould guide th e c o n d u ct o f him self a n d those w hose duty it w as to advise his Excellency. A n d in th e first place he w ould declare for th e info rm atio n o f those w ho acted w ith him a n d those w ho acted against him , th a t so long only as he co u ld give a conscientious su p p o rt to th o se m easures w hich th e H ead o f the G o v ern m en t m ight deem it his d u ty to su b m it to th a t H ouse, so long only w ould he co n tin u e to h o ld office u n d e r th e G o v e rn m en t. H e desired to be u n d e rsto o d as explaining th e views in w hich every o n e o f his co l­ leagues entirely c o n cu rre d . T hey w ere such as had been discussed a n d determ ined on a m o n g them selves w ith o u t reference to any o th ­ er persons w hatever, for they h a d felt it to be d u e to them selves and th e c o u n try , in th e first place, to u n d e rstan d each o th e r. H e w ould next sta te th e views w hich he entertain ed respecting th e duties o f his Excellency. He looked upon the G o v e rn o r as having a m ixed c h a r­ a c t e r - firstly, as being the representative o f R o y alty ; and secondly, as being one o f th e M inisters o f H e r M ajesty’s G o v e rn m en t, and responsible to th e m o th e r c o u n try for th e faithful discharge o f the duties o f his sta tio n ; a responsibility w hich he c a n n o t avoid by saying th a t he to o k th e advice o f this m an o r o f th a t m an. H e, the A tto rn ey -G e n e ral, lo o k ed u p o n it as a necessary consequence o f this d o ctrin e th a t w here there is responsibility, th ere shall pow er be also, for he co u ld not adm it the idea th a t o n e m an should possess the pow er a n d a n o th e r be liable to th e responsibility. In a m atter o f such im p o rtan ce he craved th e indulgence o f th e H ouse in referring to notes, in o rd e r th a t h e m ight speak with th e g re ater correctness. H e then read from a despatch o f L o rd G lenelg, d a te d th e 5th o f

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D e c e m b e r, 1835, a n d a lso re a d e x tra c ts fro m tw o o f L o rd Jo h n R ussell’s despatches. A fter referring to a proceeding o f th e H ouse o f A ssem bly o f N o v a S cotia, h e proceeded to th e effect following: “ T h e next q uestion th a t n atu rally arises in m y division o f the su b r jec t is th at w hich relates m o re p articularly to those w ho are the M inisters o f th e C ro w n . H o n o u ra b le gentlem en will do m e the fav o u r to bear in m ind th at th e principle w hich 1 have laid dow n, th a t responsibility a n d pow er m ust go h a n d in h a n d , is one which c a n n o t be co n tra v en e d , a n d th a t w hen a m an is called u p o n to answ er for th e exercise o f th e p o w er w hich has been e n tru ste d to him in a p a rticu la r m an n er, he c an n o t a n d d a re not tran sfer the responsibility in to o th e r h a n d s. W hen 1 consented to becom e an Executive C o uncillor 1 to o k upon m yself th e responsibility o f a d v o ­ cating those o p in io n s and th o se m easures w hich the H ead o f the G o v e rn m en t m ight th in k it his d u ly to reco m m en d to the cou n try : a n d so long as I c o n tin u e a m em ber o f th e G o v e rn m en t a n d o f this H o u se, 1 shall c o n sid er it m y bo u n d en d u ty to follow th e sam e c o u rse; and w henever I fin d 'th e H ead o f th e G o v e rn m en t a n d the M inisters o f th e C ro w n desirous o f p ro p o u n d in g m easures which I c a n n o t conscientiously su p p o rt, h o n o u r a n d duty point o u t but one p a th , a n d th a t is resignation. But there is a n o th e r im p o rta n t princi­ ple to be considered. T he G o v e rn m en t sh o u ld tak e o n itself the p rep arin g a n d bringing forw ard o f such m easures as th e w ants o f the c o u n try seem to require. It is to be desired above all things that betw een th e G o v e rn m en t a n d th e people th ere should be the g re at­ est possible h a rm o n y a n d m u tu al good u n d erstan d in g . T h ere can be no g o o d governm ent w here the G o v e rn m en t is at w ar w ith the people, a n d in this view I will su b m it in a few w ords th e conclusions at w hich I have arrived. It is th e d u ty o f th e H ead o f the G o v e rn ­ m ent to preserve th a t h a rm o n y by all th e m eans in his pow er, because it is for th at officer to account to th e H om e G o v ern m en t. If he find th a t he has been led astray by incapable o r dishonest advisers, he m ay relieve h im self o f them by their dism issal. But u n avoidable difficulties m ay arise. It not unfrequently h a p p en s that th e G o v e rn m en t are unable to c arry o u t th e views w hich they be­ lieve to be for th e benefit o f th e public. It m ay h a p p en th at m ea­ sures carefully digested a n d well calculated m ay be defeated by causes over w hich the G o v e rn m en t have no c o n tro l: a n d this brings m e to speak o f a n o th e r m o d e o f restoring h a rm o n y , w hich is by dissolution o f P arliam ent. A n d lastly, th ere is a n o th e r course to be tak e n . W hen it occurs th at h a rm o n y is b ro k e n by som eth in g em a­ natin g from th e H ead o f th e G o v e rn m en t him self, th e course to be tak e n is one w hich rests w ith R oyalty. T h is m uch I have th o u g h t it necessary to say in reference to the views entertain ed by m yself and th o se w ho act w ith m e as th e advisers o f his Excellency, a n d I

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w ould at the sam e tim e disavow any degree o f responsibility o th er th an 1 have now expressed.” T h e A tto rn ey -G e n e ral w as frequently a p p la u d ed in th e course o f his re m a rk s, w hich, on th e surface, so u n d e d so fair a n d reaso n ­ able. But M r. Baldw in, M r. H incks, a n d their confreres, w ere sh a rp e n ough to see th a t the A tto rn ey -G e n e ral - w ho had doubtless s p o ­ ken u n d e r in s p ira tio n fro m L o rd S y d e n h a m - h a d skilfully evaded th e very' ro o t a n d essence o f th e m atter. T h en o r never w as th e tim e for rem oving all m isapprehension as to the m eaning a tta ch e d by the A d m in istratio n to th e term “ R esponsible G o v e rn m e n t.” T h a t their co n stru ctio n varied from th a t o f M r. Baldw in a n d his fellow -w orkers had already becom e sufficiently a p p a re n t, but how far th e v ari­ ance extended w as not so clear. L o rd S ydenham had been sent over to C a n a d a expressly to in tro d u c e R esponsible G o v e rn m en t. W hat so rt o f R esponsible G o v e rn m en t? H ow far w as th e responsibility to extend? It w as deem ed advisable to force an explicit declaratio n on th e subject from th e G o v e rn m en t a n d no tim e co u ld possibly be m o re pro p itio u s for carry in g o u t such a design th an th e present. M r. Baldw in rose to his feet. H e said th a t he h a d certainly listened to the speech o f th e h o n o u ra b le g entlem an w ith a g reat deal o f atte n tio n a n d pleasure, alth o u g h the pleasure h a d not been a lto ­ gether unalloyed. But he could discover from th e speech o f the h o n o u ra b le a n d learned g entlem an th a t a new principle had been applied w ith reference to the ad m in istratio n o f affairs, in w hich th at h o n o u ra b le a n d learn ed g entlem an had b o rn e so c onspicuous a p a rt. T h e g reat a n d im p o rta n t principle involved in the subject un d e r discussion, M r. Baldw in re m a rk ed , had occupied th e a tte n ­ tion o f th e c o u n try for a n u m b er o f years, a n d on the faithful carrying out o f th a t principle th e c o n tin u a tio n o f the connection w ith th e m o th e r c o u n try in a g reat m easure depended. T he speaker agreed w ith the A tto rn ey -G e n e ral th a t th e functions o f th e H ead o f th e G o v e rn m en t are o f a m ixed c h ara cte r, a n d th a t he is responsible to th e H o m e G o v e rn m en t for th e p ro p e r ad m in istratio n o f the G o v e rn m en t in th e co lo n y . H e w ould a dm it th a t in th e a d m in istra ­ tion o f th e G o v e rn m en t questions m ight arise in w hich th e G o v e rn ­ m en t m ight not be p repared to a d o p t th e advice w hich m ight be tend ered them . But if he (M r. Baldw in) u n d e rsto o d th e h o n o u rab le a n d learned g entlem an right, th at th e C ouncil o f his Excellency should offer th eir advice only w hen it m ight be d e m an d ed o f them , a n d on all o th e r occasions rem ain m ere passive observers o f the m easures a d o p te d by th e G o v e rn m en t, he (M r. Baldw in) w ould beg leave from such a system entirely to dissent. T h a t all m easures m ust necessarily receive th e G o v e rn o r’s assent he w ould readily ad m it, but th a t those gentlem en w hom he called to his C ouncil should never o pen th eir lips except w hen he p articularly and expressly

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called u p o n them to do so , w as w hat he (M r. Baldw in) could neither acquiesce in n o r a p p ro v e of. In fact such a C ouncil as th at w ould be no C ouncil at all. T o advocate such a course w ould be, in his o p in io n , acting in direct violation o f the o a th w hich as Executive C ouncillors they w ere called on to take. T hey w ere c o m m a n d ed to advise his Excellency on all m atters connected w ith the public good. M r. Baldw in then read the o a th prescribed to be taken by Executive C ou n cillo rs, a n d then co n tin u e d . In his un d erstan d in g o f this o a th , a C ouncil w as necessarily b o u n d to b ring u n d e r th e notice o f the H ead o f th e G o v e rn m e n t th o se m easures vtfhich, in their estim ation, th e c o u n try required. I f this responsibility w as not to lead to the carrying out o f w h at th e c o u n try required it w ould be a dead letter. H e (M r. Baldw in) believed, how ever, th a t, so m uch having been c o n ced ed , they w ould be e nabled to enforce u p o n b o th th e P rovin­ cial a n d H om e G o v e rn m en t a d u e atte n tio n to th e wishes o f the c o u n try . H e c o n clu d ed his o b serv atio n s by a d d in g a rem ark to the effect th a t he co u ld have w ished th a t the representative o f R oyalty in C a n a d a h a d m ad e som e reference to this m atter in th e Speech w hich h a d been delivered to the Legislative C ouncil a n d A ssem bly, a n d th a t it had not been left to the h o n o u ra b le m em ber for Russell (M r. D ra p er) to a n n o u n ce so im p o rta n t a circum stance to th e rep­ resentatives o f th e people from his place on th e floor o f th e H ouse. M r. M erritt expressed his regret th at th e advisers o f the G o v e rn ­ m ent had not c o m e o u t m o re distinctly. H e did not. he said , a p ­ prove o f m ystifying th e m a tte r; he believed the G o v e rn o r-G e n era l w as fully p re p are d to carry o u t th e principle o f R esponsible G o v ­ e rn m en t as u n d e rsto o d by L o rd D u rh a m , a n d th at this w as the cause o f his E xcellency’s p o p u larity . T he distinction he (M r. M er­ ritt) w ould draw w as b ro a d a n d obvious. H e believed th e p o w er o f th e Executive, as a M inister o f th e C ro w n , co u ld not be delegated; but he believed th at his Executive C ouncil, chosen from th e people o f this c o u n try , were responsible to th e people for the advice given on internal affairs, a n d th at they w ere b o u n d to resign w hen they did n o t enjoy public confidence. In th e old o rd e r o f affairs no one p la c e d a n y c o n fid e n c e in th e C o u n c il, fo r th ey w ere b e y o n d th e c o n tro l o f the people. H e considered th at C a n a d a had now R esp o n ­ sible G o v e rn m en t, o r th at she had n o th in g at all. M r. C a m e ro n said he felt it necessary to express his opin ion upo n th e subject. H e felt th a t the m em bers o f th e G o v e rn m en t had not m ade any distinct avow al o f th eir intention to act upon the p rin c ip le s o f R e sp o n sib le G o v e rn m e n t. If such w ere re ally th e ir intention it w as very easy to declare it. H e felt it to be an im p o rtan t p o in t, because it w as upon a conviction th a t such w as to be the case th a t he h a d ta k e n his d e te rm in a tio n to su p p o rt th e A d m in istra tio n o f L ord S y d e n h a m .. . .

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M r. D ra p er said lh a t th e q uestion having been pul lo him as to w hat course th e advisers o f his Excellency w ould tak e in th e event o f th e m ajority o f th e H ouse o f A ssem bly o p p o sin g those m easures which m ight be p ro p o sed to th e G o v e rn m en t, he desired no m ystifi­ catio n . and lh a t the h o n o u ra b le g entlem an (M r. M errill) w ho used th e term had found m ystification to exist only in his ow n im agina­ tion. A fter expressing w hat his views were o f th e c h ara cte r and degree o f responsibility resting u p o n th e different branches o f the G o v e rn m en t, he had stated th a t there w as an a b so lu te necessity for th e preservation o f h a rm o n y betw een the G o v e rn m en t a n d th e p e o ­ ple. a n d he h a d p o in ted out causes on the o ccurrence o f w hich he w ould not resign, but w ould ap p eal to the c o u n try , a n d ascertain w h eth er he w ould not be sustained by the people. T he responsibility in such cases as he h a d before stated w ould rest w ith th e G o v e rn o r him self. Should his Excellency find th at he co u ld not act w ith the C ou n cil, he m ight call upon them to resign. M r. Boswell desired to be inform ed if he h a d rightly und ersto o d th e h o n o u ra b le gentlem an to m ean th at he w ould be con ten ted to rem ain a M inister o f th e G o v erm en t as long as th e G o v e rn o r desired him to do so, w h eth er a m ajority o f th e H ouse o f A ssem bly were w ith him o r not. M r. D ra p er replied th at he had said th at he w ould retain office so long as h a rm o n y existed betw een th e representatives o f th e peo­ ple a n d th e G o v e rn m en t. But it co u ld not be considered th a t h a r­ m ony existed as long as there w as co n tin u al o p p o sitio n m ain tain ed from different sides o f th e H ouse. T h e distinction w hich he u n d e r­ sto o d as having been draw n w as th a t the responsibility rested entire­ ly with th e G o v e rn m en t. T he A tto rn e y -G e n e ra l's so p h istry , how ever, w as o f no avail. M r. Boswell once m o re got upon his feet, and sp o k e as fo llo w s:“ T h e h o n o u ra b le gentlem an has said th at he w ould not resign u n ­ less required to d o so by th e H ead o f the G o v e rn m en t. H e has not said th at he en tertain s the slightest respect for the op in io n o f the representatives o f th e people. H e desires h a rm o n y , but he wishes the w hole responsibility to be throw n upon th e shoulders o f his Excel­ lency. I can put no o th e r in te rp reta tio n upon his lan g u a g e.” M r. H incks said it w as very m uch to be regretted th a t so im p o r­ ta n t a subject sh o u ld have been so m uch m ystified: at th e sam e tim e he th o u g h t there sh o u ld be great allow ance m ade for th e h o n o u r­ a b le a n d le a rn e d g e n tle m a n . H e n o d o u b t fell h im s e lf in a very aw kw ard situ atio n . H e had com e dow n to th e H ouse a n d avow ed principles upon w hich a few years ago he had said he w ould “ m ake w ar to th e knife.” M r. D ra p er said th at w h at the h o n o u ra b le gentlem an had stated w as u n fo u n d e d in fact. T h e sp eak er w-as here called to order.

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M r. H incks proceeded. H e w as extrem ely h a p p y , he said, to be co rrected , if he had fallen into an error. M r. D ra p er again requested perm ission to explain, w hich, h a v ­ ing been gran ted , he proceeded to observe th a t he w as unw illing to rem ain u n d e r an unjust im p u ta tio n , w hich m ight, w ith few w ords, be entirely rem oved. T here were those in th e H ouse w ho could do him th e justice to say th at long before this discussion w as c o n te m ­ p lated he had d raw n a distinction betw een th o se w ho were d isco n ­ tented a n d those w ho were disaffected. T he c o m p lain ts o f the fo r­ m er m ight be rem edied, but as for th e o th ers h e cared not how soon they sought any c o u n try w hich w ould be m o re congenial to their feelings. M r. H incks said he w as h a p p y to h e ar the e x p lan atio n o f the h o n o u ra b le gentlem an. It a p p e a re d th at it w as not th e principle adv o cated by th e m ajority o f th e H ouse o f A ssem bly, but the o p in ­ ions o f certain individuals, a gainst w hich he w ould m ak e w ar to the knife. T h e principles which were then ad v o ca te d by a m ajority o f the H ouse o f A ssem bly were th e sam e as th o se which he at present adv o cated - the principles o f R esponsible G o v e rn m en t - those p rin ­ ciples w hich w ould be found laid dow n in L o rd D u rh a m ’s report. Every h o n o u ra b le m em ber o f th a t H ouse m ust be fully aw are that th e g reat m ass o f the c o u n try h a d been convinced th at th e H ead o f th e G o v e rn m en t had intended this to be th e principle upon which th e G o v e rn m en t sho u ld be co n d u cted . “ It m atters little ,” - c o n t i n ­ ued M r. H incks. - “ w ho are responsible here if we are c o n stan tly to have o u r laws w hich w e have passed at g reat tro u b le a n d expense set at naught a n d sent back to us annulled and void. T he h o n o u r­ ab le a n d le a rn e d g e n tle m a n , in o rd e r to p o in t o u t th e d e g ree o f responsibility u n d e r w hich he considers th e G o v e rn m en t as s ta n d ­ ing, has q u o ted from d o c u m e n ts w hich have been alw ays held and acknow ledged by those gentlem en with w hom he acts as going entirely against the principle for w hich we are c o n ten d in g . W h at the c o u n try wishes to kn o w is w h eth er th e Provincial G o v e rn m en t is to be conducted a ccording to th e principles o f th e British c o nstitution. T h o se are th e principles to which a m ajority o f the people o f this Province are a tta c h e d .” M r. Boswell said the h o n o u ra b le a n d learned gentlem an m ust excuse him for again pressing the question, because it w as o f very great im p o rtan ce to him th a t it sho u ld be distinctly answ ered, as u pon th a t answ er w ould depend his future course o f co n d u ct within th a t H ouse, a n d he w ould p u t it in such a sh a p e as th a t it m ight be replied to by a single affirm ative o r negative. “ D oes th e h o n o u r­ able gentlem an m ean to sa y ,” pursued M r. Boswell, “ th a t if the G o v e rn m en t c a n n o t c o m m a n d a m ajority o f this H ouse, so th a t its m easures m ay be carried on h arm o n io u sly ; if they d o not find by th e w hole proceedings o f th e H ouse th at they have th e confidence

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o f a m ajority o f its m em bers, th a t then a dissolution o f th e H ouse shall follow , o r th a t th e G o v e rn m en t will resign?” “ Y es, yes,” replied M r. D ra p e r, fairly b ro u g h t to bay. “ T h e n ,” sa id M r. Boswell, “ I am satisfied.” A nd he a d d ed th at it w as an u n fo rtu n a te circu m stan ce th at the h o n o u ra b le gentlem an co u ld n o t long ago have stated it explicitly to th e H ouse, and thus have prevented th e necessity for so long a discussion. So far as R esponsible G o v e rn m en t w as co n cern ed , this im p o r­ ta n t d eb ate end ed th ere a n d th en , not to be renew ed with m uch vigour until after th e arrival in C a n a d a o f Sir C harles M etcalfe as G o v e rn o r-G e n e ra l, nearly tw o years later. T h e adm issions o f the A tto rn e y -G e n e ra l, th o u g h dragged o u t o f him sorely against his will, had been tolerably explicit, a n d the tru e principle o f R esponsi­ ble G o v e rn m en t seem ed to have been conceded. Still, th e evident reluctance o f th e sp o k esm an o f th e A dm in istratio n to co m m it him ­ self, a n d his w ell-know n hostility to th e p o p u la r d o ctrin e in tim es p ast, led m any o f his hearers to d o u b t the sincerity o f his profes­ sions. T h ere were not a few w ho even d o u b ted th e sincerity o f the G o v e rn o r-G e n e ra l; a n d , no tw ith stan d in g all th a t had been conced­ ed, th ere w as an uneasy feeling o f insecurity as regarded the future. T h e d eb ate on th e A ddress, how ever, h a d only fairly begun. It w as c o n tin u e d a t in te rv a ls u n til th e fo llo w in g W e d n e sd a y (th e 23rd), w hen an A ddress, founded on the previously-debated resolu­ tions, w as su b m itted to the H ouse to be voted u p o n . M r. N eilson. w ho well knew th a t he w as fighting for a lost cause, but w ho could not allow such an o p p o rtu n ity to pass unim p ro v ed , m oved an a d ­ dress in a m e n d m en t, th e p e n u ltim a te clause w hereof w as directly c o n d em n ato ry o f th e U n io n . “ In co n fo rm ity to o u r obligations as subjects o f the British C row 'n,” - r a n the c l a u s e , - “ a n d b o u n d to fidelity by the m ost sacred ties, w e have assem bled in obedience to an A ct o f the Im perial P arliam ent and H er M ajesty’s.w rits , to advise a n d co n sen t to such law s as m ay be deem ed necessary for the peace, w elfare, a n d g o o d g overnm ent o f C a n a d a : alth o u g h w e c a n ­ not but regret th a t th e m ost p o p u lo u s p o rtio n o f th e Province h ereto fo re constituted under the A ct o f P ariliam ent o f 1791, as the Province o f L ow er C a n a d a , has not been consulted on th e C o n sti­ tu tio n o f th e G o v e rn m e n t which is now substitu ted for th at which prevailed u n d e r th e said A c t: and there are features in the A ct now c o n stitu tin g the G o v e rn m en t o f C a n a d a w hich a re inconsistent with ju stice a n d the c o m m o n rights o f British subjects.” M r. Neilson m ad e an arg u m e n ta tiv e and not ineffective speech in su p p o rt o f his m o tio n . W hen th e division w as taken there w ere seventy-five m em ­ bers in th e H ouse, in addition to th e Speaker. T h e m ajo rity against th e am en d m en t w as exactly tw o to one. th e vote sta n d in g fifty to tw enty-five. N ineteen o f the m inority were F rench C a n ad ian m em ­ bers, o r representatives o f F rench C an ad ian constituencies. T he

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o th e r six consisted o f M r. B aldw in and his staunchest U p p e r C a n a ­ d ian follow ers, including M essieurs H incks, Price, Sm all, D u ran d a n d H opkins. A subsequent am en d m en t m oved by M r. H incks a n d seconded by M r. Price w as defeated by a vote o f fifty-four to tw enty-one. T h e G o v e rn m en t p a rty w as hugely p re d o m in an t. T he A ddress was carried and presented in due f o r m .. . . W h at L ord S ydenham h a d ch aracterized as th e first test o f the U nion A ct w as over, a n d , from his point o f view , well over. T here could no longer be any d o u b t as to the (at least) tem p o rary success o f his u n d e rta k in g . His policy w as sustained by a large m ajority, and U nited C a n a d a w as fairly launched on her career.

C hapter 6

Exit Lord Sydenham H aving seen the U nited Province fairly e m b a rk ed on her course u n d e r th e new c o n stitu tio n , it is not necessary, n o r is it com patible with th e lim its o f this w ork, th a t the progress o f legislation th ro u g h ­ o u t the session sh o u ld be traced m inutely from day to day. M any o f the m em bers then sat in P arliam ent for th e first tim e, a n d had still to learn the am enities o f a grave deliberative assem bly. A good deal o f tim e w as w asted in frivolous discussion. T h e m easures passed, how ever, were for the m ost p a rt o f a practical and useful c h aracter, tending to th e developm ent o f th e resources o f th e country', a n d to the w elfare and due regulation o f society. T here w as a good deal o f friction, c onsequent upon th e diverse interests a n d sym pathies o f the m em bers o f the A ssem bly. T here w ere frequent exhibitions o f per­ sonal a n d p arty feeling not entirely becom ing to a Legislative body. T he F rench C a n a d ia n s c o n tin u ed to cherish their grievances, and were especially incensed a t th e a p p are n tly persistent determ ination to exclude them from the M inistry unless they w ere c o n trn t to enter it upon con d itio n s the acceptance w h e reo f w ould belie the record o f their past lives. S om e o f th e Q uebec a n d M ontreal papers, p u b ­ lished in the French language, a n d know n to be the exponents o f F rench C a n ad ian feeling, from week to w eek co n ta in ed articles overw eighted with th e h ate w hich is bred in a certain o rd e r o f m ind by the consciousness o f injury a n d the inability to o b tain any re­ dress. T he h ate w as generally indiscrim inate, and there w as little a p p a re n t recognition o f the fact th a t m any persons o f British stock sym pathized w ith th e legitim ate a sp iratio n s o f their F rench C a n a d i­ an fellow -countrym en. Several o f the c o n d u cto rs o f British papers w ere little disposed to sit dow n quietly u n d e r such sw eeping c o n ­ d e m n a tio n , and th e w ant o f ju d g m e n t displayed by th e press had m uch to do w ith keeping alive th e ill-feeling w hich, it m ust be confessed, w as not a lto g e th e r w ith o u t excuse. It w as not till the

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m onth o f S eptem ber. 1842, th a t a F rench C an ad ian - in th e person o f M r. L a fo n ta in e - o b ta in e d a seat in th e C abinet. T h ere w as, how ever, n o th in g absolutely tu m u ltu o u s in th e p ro ­ ceedings during th e session: n othing, for instance, w hich for u n ­ seem ly violence could be c o m p a re d to som e o f the an te-R ebellion disputes in the L ow er C a n a d ia n A ssem bly. T h ere w as nothing, indeed, co m p a rab le to th e scenes w hich had been w itnessed in the A ssem bly o f th e U p p e r Province during th e old tim es w hen W il­ liam Lyon M ackenzie had been subjected to periodical expulsions. N o r w as there any m arked disloyalty in the speeches even o f the m ost dissatisfied French C a n a d ia n s, w ho could not reaso n ab ly have been expected to bow their heads w ith a very good grace beneath th e y oke th at had been im posed upon him . It soon becam e a p p are n t th at the anxiety w hich h a d been felt on th e p art o f certain o f the British p o p u latio n lest the F rench C a n a d i­ a n m em bers w ould be ab le to hold th e balan ce o f pow er in their h an d s had not been well g ro u n d e d . So far from the la tte r's holding the balance o f pow er, they c o m m a n d ed , du rin g th e first session, not a single avenue to pow er. O w in g to the fact th a t the elections had not been fairly co n d u cted , th e F rench districts o f L ow er C a n ad a w ere inadequately represented in the A ssem bly: a n d the French C an ad ian m em bers were poten t as obstru ctio n ists only from the fact o f their h aving coalesced w ith th e adv an ced R eform ers from the U p p e r Province. T h e real balance o f pow er th ro u g h o u t the session w as held by the m o d e ra te R eform ers o f U p p e r C a n ad a , w ho generally voted with th e G o v e rn m en t. M r. Baldw in a n d his m ost tru sted follow ers acted with th e F rench m em bers, a n d the union th u s form ed w as m o re form idable by reason o f the talents a n d c h ara cte r o f its a d h ere n ts th an from its num bers. M r. Baldwin him self, b o th in a n d o u t o f P arliam ent, frequently sp o k e up on b e h alf o f his L ow er C a n ad ian allies, a n d show ed an active sy m p a­ thy with their c o m p lain ts o f injustice. In this w ay he endeared him self greatly to th em , a n d the result o f his sy m p ath y b rought forth m uch fruit in its season. A m a tte r w hich caused not a little em b arrassm en t to th e G o v ­ ernm ent w as th e stro n g censure p ro n o u n c ed by som e o f th e m em ­ bers on th e m an n e r in w hich the recent elections had been c o n d u ct­ ed. T h e H ouses had not lo n g been in session w hen a n inquiry was projected into th e origin o f th e riots w hich had occu rred at som e o f th e elections in the L ow er Province. M r. L afo n tain e, M r. L. M . Viger. a n d o th ers w ho h a d been defeated, as they alleged, by c o r­ ru p t practices, petitioned the A ssem bly o n th e subject, pray in g that th e elections sh o u ld be a nnulled. T he petitions, how ever, ow ing to an excusable m isap p reh en sio n , had not been acco m p an ied by c er­ tain technical form alities, a n d could not be received by th e H ouse. W hen the om issions w ere discovered, the tim e for th e observance o f

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th e form alities h a d passed, and th ere was th u s no possibility o f rem edying the m isapprehension into w hich th e petitioners had fall­ en. It w as felt by m any disinterested persons th a t to give effect to th e technicalities w o u ld be ta n ta m o u n t to a subversion o f justice, and a tte m p ts w ere m ad e to induce th e H ouse to waive the irregular­ ities a n d receive th e petitions. T hese a tte m p ts w ere opp o sed by the G o v e rn m en t, a n d d efeated. A Bill w as then in tro d u ced by Sir A llan M a c N a b , w hereby the tim e for receiving the p etitions was extended. T h is m easure w as su p p o rte d , not only by th e a d h ere n ts o f the m over, b u t by th e F rench C a n a d ia n m em bers, as well as by the adv an ced R eform ers o f British stock in both Provinces. T h e M inis­ try, acting u n d e r inspiration from the G o v e rn o r, op p o sed th e m ea­ su re upon th e g ro u n d th a t it w as e x p o st f a c t o , and th a t, irrespec­ tive o f th e tru th o r falsehood o f the charges in th e petitions, the sitting m em bers h a d acquired a legal right to th eir seats. T h e M inis­ try put forth the w hole weight o f their influence; yet. so stro n g was th e feeling o f th e A ssem bly on th e subject th a t the m easure was su p p o rte d by m an y persons w ho o rdinarily voted w ith the G o v e rn ­ m ent. In spite o f all o p p o sitio n , it w as carried th ro u g h its three readings by c o nsiderable m ajorities, a n d was sent up to the Legisla­ tive C ouncil for the co n cu rren ce o f th a t body. T h e C ou n cil, h o w ­ ever. w as m uch m o re subject to G o v e rn m en t influence than th e A s­ sem bly. T hey tem p o rized by sending a m essage to th e A ssem bly, asking for info rm atio n as to th e g ro u n d a n d evidence upon w hich th a t H ouse had proceeded in passing th e Bill. T h e evidence w as soon forthcom ing, but th e C ouncil refused to c o n cu r, and the Bill w as therefore lost. T h e defeat w as a so re po in t with th e p ro m o te rs o f the m easure, a n d it w as felt th a t th e G o v e rn m en t h a d acted arb itrarily . T hey were accused o f having beguiled the people o f C a n a d a w ith a counterfeit p resentm ent o f liberty. O n e L ow er C a n a d ia n jo u rn a l ac­ cused th e G o v e rn o r-G e n e ra l h im self o f having “ suckled co rru p tio n and fam ished free d o m .” T h e G o v e rn m en t w ere so m ew h at startled by th e sto rm th a t arose all a ro u n d th em , and offered to consent to a com m ittee o f inquiry a n d an a m e n d ed election law , b u t their o p p o ­ nents w ere not disposed to accept a n ything less th an had been d e ­ m anded by Sir A llan M a c N a b ’s Bill, a n d so th e m a tte r w as allow ed to d ro p . U p o n th e w hole, th e c o n d u ct o f th e M inistry in o pposing the presen tatio n o f th e p etitions did n o t ten d to stren g th en th eir posi­ tion before th e c o u n try . A few days before th e close o f th e session the A sse m b ly u n a n im o u s ly p a sse d a re so lu tio n to th e effect th a t th e H ouse w ould proceed with th e election inquiry early in th e follow ing session. A m o n g the useful legislation set on foot w ere various m easures relating to public w orks and im provem ents, for w hich purposes sum s exceeding a m illion a n d a h a lf sterling were voted by the A ssem bly. An A ct w as passed to enable th e Province to purchase

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th e stock held by private persons in th e W elland C a n a l, a n d the enlarging a n d deepening o f th at im p o rta n t enterprise w as soon af­ terw ard s proceeded w ith as a public w o rk . T h e im provem ent o f the navigation o f th e St. L aw rence also form ed a subject for P arliam en ­ tary d elib eratio n , a n d m o re th an a th ird o f th e entire sum voted for public w orks w as assigned for th at p u rp o se . Provision w as also m ade for th e co n stru ctio n a n d im provem ent o f roads and highways in various p arts o f th e c o u n try . T he m oney required for all these im p o rta n t public u n d e rta k in g s had to be b o rro w e d , a n d an A ct was passed to facilitate the nego tiation o f th e requisite Im perial loan. A Provincial B oard o f W orks D ep artm en t w as created w ith a view to th e m ore efficient carrying o u t o f the m an y public im provem ents w hich had been, o r w ere to be, u n d e rta k e n , a n d which it w as justly deem ed desirable to place u n d e r executive c o n tro l, a n d thereby to lessen the o p p o rtu n ity for jobbery and c o rru p tio n . M easures were also passed for securing the independence a n d uprightness o f the ju d ic iary , for th e settlem ent o f im m ig ran ts, for th e re ad ju stm en t o f th e currency a n d o f the custom s tariff, a n d for the reform o f the crim inal law. A n im p o rta n t G o v e rn m e n t m easure w hich deserves a parag rap h to itself w as th e A ct to m ak e provision for th e establishm ent and m ain ten an ce o f C o m m o n Schools th ro u g h o u t th e P rovince. It was in tro d u ced by S olicitor-G eneral Day on th e 20th o f July, a n d , after having been subjected to careful a n d repeated co n sid eratio n in c o m ­ m ittee, passed its th ird reading on th e 14th o f S eptem ber. It was passed by th e U p p e r H ouse w ithout any a m e n d m en t, a n d was assented to , w ith m ost o f th e o th e r sessional m easu res, on th e 18th o f S eptem ber. It . . . p rovid ed an annual sum o f $200,000 for the establishm ent o f elem entary schools in U p p e r a n d L ow er C a n a d a 580,000 being a p p o rtio n e d to the u p p er, a n d S I 20,000 to th e lower section o f th e Province. A C h ief S uperintendent o f E du catio n was a p p o in ted for the entire P rovince, with assistants for th e eastern and w e ste rn s e c tio n s . U n d e r th e p ro v isio n s o f th is A c t e le m e n ta ry schools w ere so o n in o p e ratio n all over th e Province. T he m easure, th o u g h it w as not free from objectionable features, proved a n a tio n ­ al blessing, and L o rd S ydenham a n d his M inistry are en titled to full credit for it. A s years passed by. m ore ad v an c ed legislation on the subject becam e necessary, but it served its p u rp o se for th e tim e, and paved the w ay for later en actm en ts. It w as superseded, so far as U p p e r C a n a d a w as co n cern ed , in 1843: a n d in L ow er C a n a d a two years later. T h e m ost im p o rta n t m easu re o f the session was a n A ct to p ro ­ vide for th e b e tte r internal governm ent o f th e U p p e r Province by the establishm ent o f local o r m unicipal a uthorities therein. Prior to th e com ing into o p e ratio n o f this A ct, th e in h a b ita n ts o f the rural districts in U p p e r C a n a d a h a d no pow er to form them selves into

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c o rp o ra te bodies for th e p ro m o tio n o f local im provem ents, o r for th e carry ing on o f public affairs. T h e m easure o f 1841, w hich w as presented to th e A ssem bly by M r. H arrison o n th e 14th o f July, p rovided th at th e in h ab itan ts o f each district sho u ld be a body c o rp o ra te w ithin th e lim its prescribed by th e A ct. Provision w as m ade for th e fo rm atio n o f a m unicipal council in each district, to c o n sist o f a w a rd e n a n d c o u n c illo rs . P o w er w as given to th ese councils to a p p ro p ria te , assess a n d collect from th e in h ab itan ts such m oneys as m ight be required for local purposes, a n d generally to a d o p t m easures for th e prosperity a n d g o o d governm ent o f the respective districts. T h e Act w as restricted in its ap p licatio n to U p ­ per C a n a d a alone, m unicipal institutions having previously been es­ tablished in th e L ow er Province by o rd in an c e o f th e Special C o u n ­ cil. But th e situ atio n o f th e tw o sections o f th e Province w as far from being a n alo g o u s. In U p p e r C a n a d a there existed a system o f local tax a tio n , im posed by th e m agistrates in Q u a rte r Sessions. In the L ow er Province there w as no such th in g as local tax a tio n . T he F rench C a n a d ia n m em bers knew , how ever, th a t m unicipal institu ­ tio n s w ould render local tax a tio n a necessity, a n d were consequently o p p o se d to a m unicipal system altogether. T h e U p p e r C an ad ian s w ished to c ontrol their ow n expenditure, a n d tho u g h they w anted m unicipal institutions, they w anted th e privilege o f electing th e p rin ­ cipal m unicipal officers, such as th e w arden a n d treasurer. But L ord Sydenham co u ld not concede to them a m ore liberal system th an he had already conferred u p o n L ow er C a n a d a , a n d to m ake th e offi­ cers in L ow er C a n a d a elective w ould be to m ak e m unicipal institu ­ tions there a dead letter. T he object, in a w ord, w as to force m unici­ pal in stitutions upon a people unw illing to accept th e m : a n d to effect this p u rp o se it w as necessary' th a t th e principal m unicipal functionaries should be a p p o in te d by th e C ro w n . T he M unicipal Bill w as very w arm ly contested d u rin g its pas­ sage th ro u g h the A ssem bly, and the clause enacting lh at W ardens sho u ld be n o m in a ted by th e C row n w as saved from defeat only by the c asting vote o f th e C h a irm a n o f the C o m m ittee. T h e French C an ad ian m em bers op p o sed th e m easure on principle, a n d because it w ould inevitably bring local tax a tio n in its tra in . S ir A llan M ac­ N a b a n d his C onservative follow ing op p o sed it b ecause it aim ed at placing to o m uch po w er in the h a n d s o f the people. M r. Baldw in o p p o sed it on th e g ro u n d th a t it w as not sufficiently liberal in its provisions, a n d he w as su p p o rte d in his o p p o sitio n by all the m ore advan ced o f his c o ad ju to rs except M r. H incks. T h e R eform party as a w hole w ere m uch divided on the m easure, so m e v oting for, and som e against it. M r. Baldw in h im self p roposed v a rious a m e n d ­ m ents, a n d th e M inistry, w ho h a d sta k ed their offices on th e Bill, a n n o u n ce d their readiness to w ith d raw it in the event o f any im p o r­ ta n t am en d m en t being carried. N o such event to o k place, how ever.

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a n d th e Bill passed its th ird reading, a fte r an unusually prolonged d e b ate, by a m ajority o f tw elve votes, on th e 19th o f A u g u st. It was unan im o u sly accepted by th e Legislative C ouncil w ith o u t a m e n d ­ m ent. O n this im p o rta n t q uestion M r. H i n c k s - a s m ay readily be believed m ost u n w illin g ly -fo u n d him self o p p o se d to all those gen­ tlem en w ith w hom he usually acted . H e sp o k e a n d voted in favor o f th e Bill, and his su p p o rt w as greedily received by the M inistry', w ho gladly hailed th e accession to th eir ranks o f such a c o a d ju to r. He w as charged by som e o f th e m ore o u tsp o k e n o f his p arty with h aving deserted from th eir ra n k s. H e m ad e a personal explanation on th e floor o f th e H o u se, a n d defended h im self from th e im p u ta ­ tions w hich h a d been levelled at him . H is defence, read at this distance o f tim e, certainly seem s to carry weight with it. H e d o u b t­ less did not regard th e M unicipal Bill as being free from defects, but w as disposed to accept it in default o f a b e tte r: a n d in so doing he s h o w e d h im s e lf c a p a b le o f risin g a b o v e fa c tio u s c o n s id e ra tio n s . T h ere w as certainly no justification for accusing him o f having d eserted the R eform party . A lthough M r. Baldw in a n d his m ore im m ediate follow ers o p p o se d th e m easure, it w as su p p o rte d by m any less adv an ced R eform ers. M r. H incks’s co n d u ct w as fully a p p ro v ed by his co n stitu en ts. His services to his p a rty h a d been such as could not be overlooked, and his fortunes w ere evidently rising. His v o tin g on this a n d on several subsequent occasions with th e M inistry w as evidence o f n o th in g except th a t he w as c ap a b le o f th in k in g a n d acting independently. H is actio n , how ever, pro d u ced a tem p o rary ru p tu re betw een M r. B aldw in a n d h im self w hich w as not healed until th e follow ing year, w hen they were arra y e d side by side. Before th e session w as b ro u g h t to a close a n o th e r c h a p te r was a d d ed to th e history o f R esponsible G o v e rn m en t in C a n a d a . It m ay be prem ised th a t n o tw ith sta n d in g M r. D ra p e r’s adm issions on that subject early in th e session, th ere w as a w idespread d istru st o f the M inistry a m o n g th e F rench C a n ad ian m em bers and th e advanced R eform m em bers from th e U p p e r Province. It w as th o u g h t desir­ ab le th a t all d o u b ts on th e subject should be resolved b efore a d jo u rn ­ m en t, a n d on th e 3rd o f S eptem ber M r. Baldw in m oved a series o f resolutions w ith a view to testing the sincerity o f th e M inisterial professions. T h e m otion w as seconded by M r. Viger. T h e G o v e rn ­ m en t, how ever, h a d a safe w o rk in g m ajority in th e H o u se, a n d were not disposed to allow th e O p p o sitio n to gain credit w ith th e public for these resolutions. M r. H arriso n m oved a m m e n d m e n ts to very m uch th e sa m e effect as th e original resolutions, b u t som ew hat m o re circum scribed in th eir applicatio n . T h e a m en d m en ts passed w ith little o p p o sitio n . A s finally carried, they w ere as fo llo w s:- ( 1 ) “ T h a t the head o f th e E xecutive G o v e rn m en t o f th e P rovince being, w ithin th e lim its o f his G o v e rn m e n t, th e R epresentative o f th e Sov­ ereign, is responsible to th e Im perial a u th o rity a lo n e ; but that,

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nevertheless, th e m an ag em en t o f o u r local affairs can only be c o n ­ d ucted by him , by a n d with th e assistance, counsel a n d in form ation o f su b o rd in a te officers in th e P rovince.” (2) “ T h a t, in o rd e r to preserve, betw een th e different branches o f th e Provincial P arlia­ m en t, th a t h a rm o n y w hich is essential to th e peace, w elfare and g o o d governm ent o f th e Province, th e chief advisers o f th e R e p re ­ sentative o f the Sovereign, c o n stitu tin g a Provincial A d m in istratio n u n d e r him . o u g h t to be m en possessed o f th e confidence o f th e representatives o f the people, th u s affording a g u a ra n te e th a t the well u n d e rsto o d wishes a n d interests o f the people, w hich o u r G r a ­ cious Sovereign has declared shall be the rule o f th e Provincial G o v e rn m en t, will on all occasions be faithfully represented and a d v o c a te d .” (3) “ T h a t th e peo p le o f this Province have, m oreover, a right to expect from such Provincial A d m in istra tio n th e exertion o f th eir best en d eav o u rs th a t th e Im perial a u th o rity , w ithin its c o n ­ stitu tio n al lim its, shall be exercised in th e m an n e r m ost consistent w ith their well u n d e rsto o d wishes a n d interests.” T hese resolutions, in th e language o f [A lpheus T o d d ], “ c o n stitu te, in fact, articles o f agreem ent u p o n th e m o m e n to u s question o f R esponsible G o v e rn ­ m en t, betw een th e executive a u th o rity o f th e C ro w n a n d th e C a n a ­ dian p eo p le.” M r. Baldw in en d eav o u red to o b tain a still stro n g er recognition o f his views on th e question o f executive responsibility. H e m oved a resolution asserting th e c o n stitu tio n a l right o f th e p o p ­ ular b ran ch o f th e L egislature to h o ld th e M inistry responsible for using th eir best exertions to secure Im perial acquiescence in the wishes o f th e C a n a d ia n people, so far as th e la tte r’s p articu lar interests were co n cern ed . T his m o tio n , how ever, w as negatived in th e A ssem bly, being o p p o se d to th e spirit o f L o rd Jo h n Russell’s despatch o f th e 14th o f O c to b er, 1839 . . .w h ere b y th e principle o f n on-interference by C olonial M inisters in m atters o f Im perial c o n ­ cern w as recognized. T h e great principles underlying R esponsible G o v e rn m en t, how ever, h a d been m ost un m istak ab ly asserted in the foregoing three resolutions, w hich, th o u g h m oved by M r. Secretary H arriso n , were as m a tte r o f fact d ictated by th e G o v e rn o r-G e n era l him self, w hose b io g rap h e r [G . Poulett Scrope] claim s th at “ these several declarations co n ta in a form al a n d com plete record o f L ord S y d en h am ’s views on th e subject o f R esponsible G o v e rn m e n t.” It is at any ra te safe to say th a t they em bodied his E xcellency’s views as to w hat it w as desirable to concede to public opin io n in C a n a d a . W h eth er, if his life h a d been sp a re d , he w ould have seen his way to the a d o p tio n o f a policy as liberal as w as desired by M r. Baldw in a n d his colleagues, m ust ever rem ain a n unsolved p roblem . His earthly race w as nearly ru n . H e h a d overw orked h im self ever since his arrival in C a n a d a . His lab o u rs th ro u g h o u t th e session h a d been sim ply trem en d o u s for a m an in such an un certain state o f health. T he obstru ctio n s in his p a th h a d been m any, a n d he h a d been

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com pelled to e n c o u n te r th em alm ost single-handed, for his M inis­ ters w ere able to serve him to only a lim ited ex ten t. T h e m ost cap ab le o f th em did n o t, as w e have seen, enjoy the confidence o f the p o p u la r side, a n d could not be expected to lend them selves with m uch e n thusiasm to the c arry in g o u t o f th e m ost liberal o f the G o v e rn o r’s m easures. M r. B aldw in’s secession h a d dou b tless ten d ­ ed to a d d to his m any e m b a rrassm en ts, for M r. Baldw in, m ore th an any o th e r m an in C a n a d a , had th e e a r o f th e public, and w ould have been invaluable to H is Excellency as a n e xponent o f the p o p u la r will. A m an o f less tac t a n d P arliam en tary experience than th e G o v e rn o r w ould have been unable, in a single session, to carry th ro u g h such a m ass o f im p o rta n t legislation, beset, as it w as, with m ultitu d in o u s details, and in th e face o f a keen a n d w atchful O p p o ­ sition ever o n th e a le rt. T o o m uch praise c a n n o t be a w ard e d for the indefatigable m an n e r in w hich he literally spent him self in th e public service. T h e G o v e rn m e n t’s policy w as su stain ed on every m aterial poin t. T h e only m easure on w hich they sustained defeat w as one w hich co n te m p la te d the sta rtin g o f a b a n k o f issue. T o L ord Syden­ h a m m o re th an to any o n e else this alm o st uniform success was due. But it w as not o b ta in e d w ithout th e paym ent o f a high price, so far as his Excellency w as personally concerned. H e w orked at high pressure, a n d at trem en d o u s ex penditure o f vital force. M uch o f th e m ost im p o rta n t legislation w as actually drafted by his own h a n d . H e w as ever at his p o st, a n d w o rk ed early a n d late. H e was accessible to any m em ber, no m a tte r to w h at p arty he m ight belong, w ho co u ld fram e a plausible excuse for in tru d in g u p o n him in the public interests. His nervous system w as kept in a sta te o f perpetual tension. H is ap p etite was capricious, a n d he w as frequently unable to sleep. “ T h e w orst o f it is” - h e w rote to his b ro th e r, on th e 28th o f A u g u s t - “ I am afraid 1 shall never be good for q uiet purposes h ereafter; for I actually b re ath e, eat, d rin k , a n d sleep on nothing b u t G o v e rn m en t a n d politics, a n d m y day is a lost o n e w hen I do n o t find th a t I have adv an ced som e o f these objects m aterially. T h a t, in fact, is th e secret o f m y success. T h e people k n o w th a t I am ready at all h o u rs a n d tim es to d o business, a n d th a t w h at I have once u n d e rta k en I will c arry th ro u g h ; so they follow m y s ta r.” He h a d been discounting his physical co n stitu tio n ever since he had accepted th e G o v e rn o r-G e n era lsh ip , a n d h a d taxed his energies ru ­ inously. F o r m ore th an a y e a r before th e opening o f th e session he h a d been subject to frequent a tta ck s o f his hereditary' m alady, the g o u t, and h a d som etim es been u nable either to w rite o r dictate. T o g o u t, fever a n d u tte r p ro stra tio n o f m in d a n d body w ere som etim es a d d e d . H is rem oval from M ontreal to K in g sto n , in M ay, caused so m e im p ro v e m e n t in his h e a lth , b u t h e c o m p la in e d th a t his strength did n o t com e back to him , a n d th a t his w o rk oppressed him as it h a d never d o n e before. “ I am ready to h ang m yself h a lf a

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dozen tim es a d a y ,” he w ro te, on th e 5th o f J u n e . . . “ I long for S eptem ber, beyond w hich I will not stay if they w ere to m ake me D u k e o f C a n a d a a n d Prince o f R egiopolis, as this place in called.” His a m b itio n to tide o v er a P arliam en tary session, how ever, and thus to see the new co n stitu tio n in ru n n in g o rd e r, w as such th a t he w o u ld n o t resign u n til th e w ish e d -fo r goal h a d been a tta in e d , tho u g h it h a d all alo n g been his intention to retu rn h om e at the close o f th e session. T h e opening, th e m inisterial crisis, a n d the excitem ent o f circum venting th e O ppo sitio n seem ed to stim ulate him into a b n o rm a l activity for a tim e, a n d , as has been seen, he was able for m any w eeks to w ork even h a rd e r th an before. O n th e 25th o f July he forw arded his resignation to E ngland, having already applied for and o b tain e d leave o f absence, w hich w ould obviate the necessity for his rem aining at his post. Very .grateful to his senses w as th e consciousness o f his success. H e knew th a t h e h a d acco m ­ plished an a rd u o u s task , a n d felt a p a rd o n ab le self-com placency. H e felt th a t he had w on a n d deserved a place in history. O n th e 1st o f S eptem ber he w ro te h om e in g o o d spirits, saying th a t he had not th u s far been com pelled to act upon his leave o f absence, and that he th o u g h t he co u ld sta n d o u t the rem aining few days o f the session. He n ursed him self m o re th an he h a d ever before been in the h abit o f doing. H e accustom ed h im self to tak e gentle exercise, a n d ro d e out on horseb ack alm ost daily. On th e 4th o f S eptem ber h e rode several m iles o u t o f tow n. H e seem ed to be m uch im proved in health, and co m m en ted to his aid e-d e-cam p on th e beauty o f th e d ay . “ W e nev­ e r ,” said his L ordship, "h a v e such an a tm o sp h e re as this in E ng­ la n d ." H e seem ed to enjoy his ride, a n d the to n e o f his m ind w as ap p are n tly m ore hilarious th a n it h a d been for weeks. W hile re tu rn ­ ing h o m ew ard he put his h o rse to a c an ter, just as he began to ascend a little hill not far from A lw ington H ouse. W hen a b o u t h a lfw a y up th e ascent, the horse stu m b led a n d fell, crushing his rid er's right leg beneath his w eight. T h e anim al rose to its feet a n d dragged L o rd Sy­ d e n h a m - w h o s e right foot w as fast in th e s t i r r u p - f o r a sh o rt dis­ tance. H is aide, w ho ju st then rode u p , rescued th e G o v e rn o r from his perilous position a n d conveyed him h om e to A lw ington H ouse, w hich w as close by. U p o n e x am in atio n , it w as fo u n d th a t the princi­ pal bo n e o f his right leg, above th e knee, had sustained an oblique fracture, a n d th a t th e lim b had also received a severe w o u n d from being bruised against a sh a rp stone, which had cu t deeply, a n d lacer­ ated th e flesh a n d sinews. It w as evident th a t his Excellency had been subjected to a severe shock, a n d he w as in a c o n d itio n little suited to w ith stan d any ad d itio n al calls upon his nervous system . H e him self to o k a d e sp a ir­ ing view o f his case from th e first, b u t his professional atte n d an ts did n o t for som e tim e a n tic ip a te a fatal term in atio n to the accident. H e fo r so m e days c o n tin u e d free fro m fever, a n d his w o u n d s

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seem ed to b e going on satisfacto rily ; b u t h e w as debilitated by an a lm o st p erpetual sleeplessness, a n d by inability to rest lo n g in one p o sitio n . H is sufferings to o , w ere at tim es very severe. H is m ind, nevertheless, c o n tin u e d to busy itself w ith public affairs, a n d his interest in th e sessional proceedings w as a p p are n tly as active as ever. H is M inisters a n d m an y o f th e o th e r m em bers o f th e Legisla­ tu re w ere received by him w ith genial c ourtesy from day to day. O n th e 11th o f th e m o n th th e m ail from E n g lan d b ro u g h t him the official notificatio n th a t his resignation h a d been accepted, a n d th at H e r M ajesty h a d been pleased to bestow u p o n him th e G ra n d C ro ss o f th e O rd e r o f th e B ath . Such intelligence, read in th e light o f sub seq u en t events, seems very m uch like a hollow m ockery. R ed rib b o n s and such like gauds are o f little avail to one so n e ar th e h o u r o f his u tm o st need as was L o rd S ydenham at this tim e. H e was a b o u t to pass th e confines o f kingdom into w hich red rib b o n s, stars, ga rte rs a n d W in d so r u n i­ form s are no p a ssp o rt. It m u st surely have been m o re consoling to his L o rd sh ip , lying there so n e ar his e n d , to reflect th a t, u p o n th e w hole, his conscience w as clear; th a t he h ad , a ccording to such light as h a d been given him , en d ea v o u red to d o his duty in his pro p er sp h ere; th a t h e h a d h a d th e m anliness to sta n d up for th e rig h t, and to e n co u n ter h a rsh o b lo q u y for his principles. Well for him if he c o u ld lay su c h fla tte rin g u n c tio n s as th e s e to his so u l, fo r his L o rd sh ip w as a b o u t to a p p e a r before a Ju d g e w ho is no respecter o f p erso n s; a Ju d g e in w hose eyes, it is to be presum ed, th e rectitude o f a m a n ’s life weighs m o re th an all th e r i b b o n s - r e d , blue, o r otherw ise - w hich it is th e p rero g ativ e o f M ajesty to bestow . H is L o rd sh ip , how ever, n o tw ith sta n d in g his gloom y p re m o n i­ tio n s o f th e p a st w eek, rallied a little at receiving th e in tim atio n o f th e new dignity w hich h a d been bestow ed on him . H e w rote to L o rd Jo h n Russell th e sa m e d ay , expressing his th a n k s for the red rib b o n , a n d giving an a cc o u n t o f his accident. H e h o p e d , he said, to be in a sta te to be m oved by w ater to Q uebec in tim e to sail for E ngland d u rin g th e a u tu m n . T he h o p e w as not destined to be realized. T w o days later, d an g ero u s sy m p to m s began to m anifest them selves. G o u t set in, a n d th e fractu red b one refused to knit. It h a d been settled th a t th e p ro ro g atio n sh o u ld tak e place on th e 15th, b ut it w as now considered advisable to p o stp o n e th e c erem ony to the 17th. O n T h u rsd a y , th e 16th, he d ictated th e Speech w ith w hich he p ro p o se d to close th e session. N ext m o rn in g , th o u g h he was evi­ d e n tly very p o o rly , h e in siste d o n re v isin g a n d c o rre c tin g th e Speech, a n d he also tra n sa c te d so m e public business. His personal atte n d an c e a t th e p ro ro g atio n w as o u t o f th e q uestion for th a t day, a n d accordingly th e c erem ony w as again postp o n ed . H is sym ptom s becam e still m o re alarm ing in th e co u rse o f th e a fte rn o o n , a n d his m edical advisers w ere apprehensive o f delirium . H e accordingly is­

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sued a C o m m issio n a p p o in tin g M a jo r-G en e ra l Jo h n C litherow , the se n io r m ilitary officer w ho w as then on th e sp o t, to be D eputyG o v e rn o r, for th e p u rp o se o f giving th e royal sa n c tio n to th e u n re ­ served Bills w hich h a d been passed du rin g th e session, referring the reserved Bills for th e signification o f th e Q u e e n ’s pleasure, and p ro ro g u in g th e P arliam en t. It w as to o late to go th ro u g h th e cere­ m onial for th a t d ay . It w as u n d e rsto o d th a t if His Excellency’s c o n d itio n w as not greatly im proved th e follow ing m o rn in g th e c o m ­ m ission to M a jo r-G en e ra l C litherow sh o u ld be acted u p o n . D uring th e night it becam e evident th a t there w as no ho p e o f L o rd Syden­ h a m ’s recovery. H is agonies increased, his little rem aining strength grad u ally ebbed aw ay, a n d his d e ath w as only a q uestion o f hours. T h ere w as, as is usual in such contingencies, an a tte m p t to m ak e the best o f his c o ndition to th e w orld outside, but early on S atu rd ay m o rning it w as know n all o v er K ingston th e th e e n d w as rapidly a p p ro ac h in g . A few m inutes after n o o n o n S a tu rd ay , th e 18th, th e D eputy G o v e rn o r, a cc o m p a n ied only by C a p ta in C lith ero w , his A ide-dec a m p , a n d M r. T . W . C . M u rd o c h , C h ief S ecretary to th e G o v e r­ n o r-G e n e ra l, repaired to th e Legislative C ouncil C h a m b e r, w here th a t body were then in session. T h e salutes a n d gu ard s o f h o n o u r u su a l o n such an o c c a sio n w e re d isp e n se d w ith , a n d th e a tt e n d ­ an ce o f th e heads o f d e p artm e n ts, officers, a n d o th e r functionaries w as n o t required. T h e G e n tle m an U sh er o f th e Black R o d having been c o m m a n d e d to require th e atte n d an c e o f th e A ssem bly, the S p eak er a n d a large n u m b er o f th e m em bers m ade their a p p earan ce at th e b a r. T he unreserved bills w ere then presented by th e C lerk o f th e C ro w n in C h an cery , a n d th e assent o f th e D e p u ty G o v e rn o r, in H er M ajesty ’s n am e, w as given in th e usual form by the C lerk o f the Legislative C ouncil. T h e first session o f th e F irst Parliam ent w as then b ro u g h t to a close by a Speech d eploring th e c o ndition o f th e G o v e rn o r-G e n e ra l, a n d c o n g ratu la tin g th e L egislature on the m any im p o rta n t A cts w hich h a d been passed, a n d o n th e general h a rm o n y w hich h a d m ark ed th e P arliam en tary proceedings. T he m em bers then dispersed to their respective hom es. N o tw ith stan d in g th e g reat bodily agony from w hich he suffered. L o rd S ydenham b o re up with w onderful fo rtitu d e. H is m ental fac­ ulties w ere u n im p a ired , and he knew th a t his end w as very near. D uring th e foren o o n o f S atu rd ay he executed his will, in w hich was inserted a clause bestow jng a legacy u p o n his friend and felloww orker. L o rd J o h n Russell. “ H e w as th e noblest m an it w as ever m y good fo rtu n e to k n o w ,” exclaim ed th e already dying G o v e rn o r, as th e clause w as re ad over to him . In th e course o f the a ftern o o n he g a th e red th e m em bers o f o f his household a b o u t h im , a n d united with them in p a rta k in g o f th e sa c ra m en t. H e th a n to o k a personal farewell o f each, a fte r w hich he requested to be left alone with his

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c h ap lain . H e spent th e night in such p re p ara tio n for th e end as his sufferings perm itted . H e survived until seven o ’clock th e follow ing m o rn in g , w hich w as S u n d a y , th e 1 9 th : w h e n , a fte r a n a g o n y o f u nusual sharpness, he b re ath ed his last. T he im m ediate cause o f his d eath w as in flam m atio n , term in atin g in lock-jaw . H e had com plet­ ed his forty-second y e ar only six days b e f o re .. . .

C hapter 7

Sir Charles Bagot T h ere w ere no political events o f m uch im p o rta n ce in C a n a d a b e ­ tw een th e death o f L o rd S ydenham a n d th e arrival o f his successor. It w as know n before th e close o f th e year lh at th e new G o v e rn o rG eneral w as to be th e R ight H o n o u ra b le Sir C harles B agot, w ho h a d been a p p o in te d to th at office on th e 7th o f O c to b e r [ 1841 ]1. Intelligence o f th e b irth o f th e Prince o f W ales on the 9th o f N o v ­ em b er reached C a n a d a soon afterw ards, a n d th e public seem ed to ta k e as lively a n interest in th e o n e item o f news as in th e o th er. F o r a week o r tw o, indeed, th e news o f th e G o v e rn o r’s a p p o in tm en t m ay alm ost be said to have been cast into th e shade. T h e birth o f a n h e ir-a p p are n t to th e British th ro n e w as to o im p o rta n t an event to be lightly passed o v er by th e loyal p o p u latio n o f C a n a d a . Even th e F rench in th e L ow er Province th o u g h t it incum bent upon them to m ark th e event by m o re o r less enthusiastic dem o n stratio n s. Festivities w ere held in M ontreal a n d Q uebec, as well as in m any o f th e to w n s a n d villages o f th e U p p e r province. T h en public a tte n ­ tion began to be directed to th e personality o f th e new viceroy, w ho, it w as a n n o u n ce d , h a d sailed from F a lm o u th for N ew Y o rk on the 2 3rd o f N o v e m b er, in th e line-of-battle sh ip Illu strio u s, o f seventyfo u r guns. Sir C harles Bagot w as a m em b er o f an old a risto c ratic S taffo rd ­ shire fam ily, th e h e ad o f w hich w as in 1780 c reated first Baron B a g o t,o f B agot’s B rom ley, S taffo rd , in the peerage o f G re at Britain. Sir C harles w as th e second so n o f this sta u n ch old T o ry B aron. On his m o th e r’s side he w as descended from V iscount St. Jo h n , b ro th er a n d heir o f th e brilliant a n d dissolute M inister o f Q ueen A nne, declared by Pope to be th e first w riter, as well as th e greatest m an o f his age, but characterized by D r. Jo h n so n in m uch less flattering term s. Sir C h arles h a d left school in early y o u th , ow ing to th e feebleness o f his c o n stitu tio n , a n d h a d been b red to a diplom atic career. H e had in herited th e political proclivities o f his ancestors,

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a n d h a d th ro u g h o u t his life been identified w ith th e m o st pro n o u n c ed h igh-T oryism . H is physical c o n stitu tio n being w eakly, a n d his intel­ lect n o t above average, his rise h a d not been ra p id , th o u g h his industry a n d a m b itio n h a d enabled him to m ake his way surely and steadily in th e public service. In 1806 he becam e U n d e r Secretary o f S tate for F oreign affairs. O n th e 22nd o f July in th e sam e year he m arried L ady M ary C h a rlo tte A n n e W ellesley, eldest d au g h te r ol W illiam L ord M a ry b o ro u g h , late Earl o f M o rn in g to n . In 1814, w hen he w as th irty -th re e years o f age. he a cq u itte d him self c re d it­ ably o f a special m ission to Paris. H e w as subsequently a M inister Plenipotentiary to th e U nited Slates, and again a cq u itted him self entirely to the satisfaction o f th e G o v e rn m en t o f the day. A n em ­ bassy to th e R ussian C o u rt, and a n o th e r lo ihe H ague, were succes­ sively u n d e rta k en by him . a n d tho u g h his discharge o f his official duties on b o th occasions w as such as to gain for him ad ditional respect, his health w as com pletely broken dow n by his lab o u rs, and he w as com pelled to retire for a tim e from th e dip lo m atic service. He w as offered several lucrative and h o n o u ra b le a p p o in tm en ts o n e o f them being th e G o v e m o r-G e n e ra lsh ip o f I n d i a - b u t was com pelled to decline them on ih e score o f his c o n tin u e d feeble health . In 1834 he w as sufficiently recovered to u n d e rta k e an im ­ p o rta n t m ission to th e C o u rt o f A u stria , th e objects o f w hich he accom plished with credit to h im self and to the G o v e rn m en t which he represented. In recognition o f his public services he w as created K night G ra n d C ross o f th e B ath. D uring th e ten u re o f office o f L o rd M e lb o u rn e ’s A d m in istra tio n he does not seem to have been conspicuously before th e public in any c ap a city : but u p o n Sir R o b ­ ert Peel's accession to pow er in 1841 he again cam e to th e front. T h e im p o rta n t post o f G o v e rn o r-G e n e ra l o f C a n a d a w as offered to him by th e C olonial Secretary, L o rd Stanley. Being at th a t tim e in w h a t, for him , w as c onsidered a rem ark ab ly good state o f health , he accepted the offer, a n d . as has been seen, sta rte d for his destination in N o v em b er. A t th e date o f his a p p o in tm e n t he h a d ju st passed his sixtieth b irth d a y , a n d n o tw ith sta n d in g the fact th a t he h a d always been delicate, he looked c onsiderably y ounger th an his y e a r s .. . . Sir C harles h aving all his life been an u ltra T ory, m any C a n a d i­ an politicians regarded it as p ro b a b le th a t he w ould reverse m uch o f L o rd S y d en h am ’s policy, a n d a d o p t one o f a m uch m o re C o n se rv a ­ tive cast. T he R eform ers c o n te m p la te d th e p ro p o se d change with m uch ap p reh en sio n . T h e ru m p o f the Fam ily C o m p a c t, as was n a tu ra l e n o u g h , c o n te m p la te d it w ith ill-concealed gratification. T he m em bers o f b o th parties re ck o n e d w ith o u t their h o st. Sir C harles B agot. o ld-fashioned T o ry as he w as, had learned th e trad e o f politics in a c o n stitu tio n a l school. T h e lessons o f his past diplom atic career now pro v ed o f incalculable service to him . A llusion has been m ad e to his m ission to th e H ag u e. T h a t m ission h a d involved

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in tricate negotiations having reference to th e co n so lid atio n o f the union betw een th e tw o little sta te s o f H ollan d and Belgium . Sir C harles h ad then been b ro u g h t face-to-face w ith various questions closely analo g o u s to those involved in the union o f U p p e r and L ow er C a n a d a . T h e analogy, indeed, extended so far as to be nearly com plete. In each case there w as a difference o f race, o f religion, and o f language. In each case there w as a n equality o f represen tatio n , c o m b in ed w ith a d isp ro p o rtio n a te p o p u latio n . In each case th ere w as a large public debt on th e p a rt o f th e less p o p u lo u s division, w hich w as im posed equally upon th e solvent and m o re p o p u lo u s one. In each case a pow erful policem an sto o d a t the th r e s h o ld , re ad y to ta k e a d v a n ta g e o f a n y c o m p lic a tio n w hich m ight justify his interference in the dom estic affairs; ready, indeed, to ta k e bodily possession u p o n any plausible pretext. Such a state o f things required a cool and p ru d e n t ju d g m e n t on th e part o f the head o f the h o u se h o ld . Sir C h arles proved equal to th e occasion. H e w as w ise e n o u g h to le a rn fro m th e sig n a l e x a m p le o f K ing W illiam o f H o llan d , a n d to avoid falling into erro rs sim ilar to those w hich had been co m m itted by th a t m o n arc h alm ost u n d e r his own eye. H is Belgic experiences h a d p ro b ab ly been th e facto r w hich had w eighed with L o rd Stanley in d eterm ining to send him over to C a n a d a . A t any rate. Sir C harles did c redit to th e C olonial Secre­ ta ry ’s choice. H e m anifested a wise d iscretion, and carefully a b ­ stained from identifying h im self w ith any p a rty o r clique. H e felt th at he had been sent over to C a n a d a to adm inister a constitutional G o v e rn m en t, a n d not to indulge his ow n political likings o r pre­ dilections. L o rd Stanley w as no h a rd a n d fast friend to R esponsible G o v e rn m en t, b u t as R esponsible G o v e rn m en t h a d been expressly conceded to th e C a n ad ian s h e - a t all events for th e tim e - s h o w e d a p ro p e r respect for th e acts o f his predecessor, a n d issued his instruc­ tions to the new G o v e rn o r-G e n e ra l accordingly. U p o n those in ­ stru ctio n s Sir C harles Bagot uniform ly acted th ro u g h o u t th e term o f his A d m in istra tio n . S tro n g efforts were vainly m ad e by th e rival parties to draw him this w ay o r th at. It w as not possible to extract from him even an expression o f his individual preference. A ddresses w ere presented to him in w hich he w as personally referred to as a sta u n ch m em ber o f " th a t g re at C onservative p arty now entrusted w ith th e A d m in istra tio n o f th e affairs o f th e British E m p ire .” His Excellency, as a m a tte r o f co u rse, replied w ith his characteristic blandness a n d courtesy to such flattering effusions, but resolutely declined to c o m m it him self. H e even w ent th e length o f calling on all H er M ajesty’s loyal subjects to lay aside their political differ­ ences, a n d to c o o p e ra te w ith him in a c o m m o n effort to pro m o te th e in te rn a l p ro s p e rity a n d h a p p in e ss o f th e P ro v in c e , a n d to stren g th en th e b o n d s which united it to th e m o th e r c o u n try . He

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w orked with p raisew orthy assiduity, and devoted h im self to stu d y ­ ing th e C a n ad ian q uestion in all its bearings. H e h a d m uch to learn, for p rio r to his a p p o in tm e n t his m ind h a d been tu rn e d in o th er directions, a n d h a d been little b etter th an a blan k as to everything relating to British N o rth A m erica. H e dealt o u t e ven-handed ju stice to all p arties. H is a p p o in t­ m ents to office w ere m ark ed by such perfect im partiality th a t he seem ed to the T ories to be guided largely by caprice in his selec­ tions. B ut in reality th ere w as n o th in g o f caprice a b o u t th e m atter. O n th e c o n tra ry , there w as m uch o f pru d en t conscientiousness, and o f desire to govern a ccording to th e w ell-understood wishes o f the m ajority. By this discreet m eth o d o f p rocedure he so o n inspired a large m easure o f p o p u la r confidence. T he conviction w as forced u p o n th e public m ind th a t for th e future the land w as to be g o v ­ ern ed a ccording to th e principles o f dom estic, a n d not o f transA tlan tic, policy. H e w as especially co m plaisant to th e F rench C a n a ­ dians, w h o , he felt, h a d had scant justice doled o u t to them by his predecessor, a n d w hose cause w as espoused by th e advanced w ing o f th e R eform p arty in b o th Provinces. T h e only m em bers o f the co m m u n ity w h o , as a class, openly resented this system o f ad m in is­ tra tio n , were th e T ories, by som e o f w hom th e G o v e rn o r was accused o f having a b etted th e rebellion e x p o st fa c to . [B agot was considerably m o re p o p u lar in the U n ited States th an w as his predecessor. T his w as a useful quality du rin g a period o f A n g lo -A m erican ten sio n . R elations were strain ed by a variety o f problem s m any o f w hich grew o u t o f the Rebellion m ovem ents o f 1837-38 a n d sub seq u en t incidents a n d a g ita tio n s. O th e r vexing is­ sues involved th e disputed b o rd e r betw een M a in e and N ew B ru n s­ wick, differences o f policy on th e slave tra d e a n d the lack o f sa tis­ factory' extrad itio n a rra n g e m e n ts. Several o f these problem s were solved when th e W eb ste r-A sh b u rto n T reaty w as signed in 1842. | F o r som e m o n th s, how ever. Sir C harles had q u ite e n ough to do to fam iliarize h im self w ith internal affairs. T h e strain which had been inevitable ever since th e U nion now began to m ake itself felt.T he task before Sir C harles Bagot w as o f a very different n a tu re from th a t which his predecessor h a d assigned to him self, a n d w as o n e scarcely less difficult. L ord S ydenham h a d to in tro d u c e a new c o n stitu tio n , but no so o n e r h a d he set it fairly in m otion th an th e sceptre d ro p p e d from his h an d s by d eath . It w as his successor's p a rt to keep up th e m o tio n , a n d this, under the circum stances, co u ld hardly be do n e w ithout so m e friction. Lord S y d e n h a m ’s A d m in istra tio n had been calculated to serve his L o rd ­ sh ip 's ow n im m ediate purp oses, and not to sta n d th e w hips -and scorns o f tim e. It h a d been his policy to break dow n - o r at any ra te to k e e p d o w n - e v e r y p arty but his ow n, a n d th e consequence w as th a t before he had been m an y weeks in his grave th ere w as no

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strongly p re p o n d era tin g p a rty in th e c o u n try . T h e C a b in e t, as has been seen, w as co m p o sed o f heterogeneous m aterials, a n d w anted coherence. A sim ilar characteristic prevailed in th e A ssem bly itself. T he only ap p ro x im ately co h eren t p arty th ere w as the F rench C a n a ­ dian p a rty ; a n d their co h eren ce w as due to th e sim ple fact th a t they were F rench C a n ad ian s. By them selves, they were a hopeless m i­ nority. T h eir d ream s o f a se p a ra te n ationality h a d been dispelled. T h e U n io n h a d been forced upon them by L ord S ydenham . H ow then co u ld it be expected th a t they w ould not u nite in c o n d e m n a ­ tion o f L ord S y d en h am ’s policy, a n d in distrust o f his M inistry w hich had survived him . T h a t M inistry h a d contrived to c o m m an d a safe w orking m ajority all th ro u g h th e first session, but it was already d o ubtful if it could h o ld to gether th ro u g h the first h a lf o f a second. T h ere w as, m oreover, no good reason for the existence o f a C a b in e t so d ubiously c o n stitu ted . It w as certain th a t w hen the H ouse should next be called to g eth er there w ould be c la m o u r from the F rench C a n ad ian m em bers, a n d a d em an d th a t som e o f their ow n n ationality sh o u ld be ad m itte d to tak e p a rt in directing the C ouncils o f th e State. In this d e m a n d they w ould m ost certainly be seconded by their allies, th e adv an ced R eform ers o f U p p e r C a n ad a , w ho had gradually a ttra c te d to them selves ad d itio n al su p p o rt. T heir leader. M r. B aldw in, was steadily rising in th e public esteem , and w ould doubtless m ake his presence sensibly felt upon th e m eeting o f Parliam ent. T h e G o v e rn o r-G e n e ra l accepted the situ atio n w ith o u t a q u a lm . H e resolved to govern th e co u n try according to th e letter a n d te n o r o f his instructions. W hatever set o f m en sho u ld be proved to have th e su p p o rt o f a m ajority in the A ssem bly, th a t set o f men sh o u ld be his M inisters; a n d he w as not to be m oved from this resolution by foolish diatribes against R adicals a n d ex-rebels. If the country preferred to be governed by R adicals a n d ex-rebels, so m uch th e w orse for th e c o u n try (p e rh a p s), but lh a t w as sim ply none o f his business. His business w as to see th a t the constitutional principle o f governing by m eans o f a P arliam en tary m ajority was carried o u t. W here ih e P arliam en tary m ajority w ould be co u ld not, o f co u rse, be know n to a certainty until th e m eeting o f th e H ouses, w hich w ere su m m o n e d for th e 8th o f Septem ber. M eanw hile his Excellency devoted his energies to practical su b ­ jects connected w ith th e internal w elfare o f the c o u n try . H e gave directions for th e im m ediate co n stru ctio n o fv a rio u s public w'orks. a n d spent m uch tim e in conference with M r. K illaly, w ho had been a p p o in te d President o f the B oard o f W orks a few m o n th s before. H e urged upon th e President the im m ediate co n stru ctio n o f good ro a d s, a n d show ed m o re insight into the econom ic necessities o f the c o u n try th an co u ld have been expected from o n e w hose life had been chiefly passed in c o u rts, a n d in the m azes o f d iplom acy. He declared th at in a c o u n try like C a n a d a g o o d ro a d s sh o u ld actually

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precede settlem ent in all th e best agricultural districts. W ell-built highw ays, he sa id , w ould p a y for th eir co n stru ctio n in very few years, besides o p e n in g up to th e farm ers a readily-accessible m arket for th eir p ro d u ce. D u rin g th e sp rin g he visited T o ro n to , w here a w a rm a n d even o ste n ta tio u s w elcom e aw aited h im , a n d w here, on th e 2 3rd o f A p ril, h e laid th e fo u n d a tio n -sto n e o f K in g ’s College. T h e follow ing m o n th he paid a visit to M o n tre a l, in tim e to h o ld an im posing levee on H e r M ajesty’s b irth d a y . H is Excellency spent several w eeks in M o n tre al, du rin g w hich p eriod he form ed the a cq u a in ta n ce o f m an y leading F ren ch C a n a d ia n s as well as o f all th e m ost p ro m in e n t m em bers o f th e old B ritish p arty n o t previously k n o w n to h im . H e left for th e east on th e 22nd o f Ju n e , a n d , a fte r a b rie f stay at S orel, o r W illiam H e n ry , at th e m o u th o f th e R iche­ lieu, he proceeded by ste am er dow n th e S t. L aw rence to Q uebec. His reception by th e in h a b ita n ts o f th e old m etropolis o f C a n ad a w as m ost enthusiastic. A ddresses p o u re d in u p o n him from n u m er­ o u s bodies o f F re n c h C a n a d ia n s, in m any o f w hich w arm testim ony w as b o rn e to th e high sense entertain ed by th e signatories a n d their fellow -countrym en o f his perfect im partiality a n d ju stice in th e dis­ trib u tio n o f official fa v o u rs .. . .

C hapter 8

Reconstruction D uring th e su m m e r o f 1842 certain significant changes to o k place in th e c o m position o f th e M inistry. O n th e 9th o f Ju n e M r. H incks accepted th e po st o f In sp ecto r-G en eral o f Public A cco u n ts, an o f­ fice c o rre sp o n d in g to th a t o f th e present M inister o f F in an ce. T he a p p o in tm e n t w as o f course m ad e at th e instigation o f his Excellen­ cy’s advisers. M r. H incks’s talents, his taste fo r politics, his fam il­ iarity w ith th e details o f th e political situ atio n , a n d m o re especially his a p titu d e for dealing with th e finances o f th e c o u n try , m ade him a decided accession to th e G o v e rn m e n t; but his a p p o in tm e n t gave g re at u m brage to th e C onservatives, w ho considered th a t a m em ber o f th eir ow n p arty should have been p referred. Som e o f th e new s­ p ap ers p o u re d o u t th e vials o f th eir w rath w ith no stinted h a n d . T he G o v e rn o r w as accused o f a g laring leaning to w ard s R adicalism , and M r. H incks w as openly deno u n ced as o n e w ho h a d a b etted M a c k ­ enzie’s rebellion. A s m a tte r o f fact th e G o v e rn o r h a d no choice. H e w as b o u n d , u n d e r R esponsible G o v e rn m en t, to act u p o n th e advice o f his M inisters. H is M inisters sto o d in need o f M r. H incks’s k now ledge a n d services, a n d advised his adm ission to th e G o v e rn ­ m en t. M r. H incks, how ever, w as as acceptable to his Excellency as to th e M inistry, a n d his energy w as so o n m ad e a p p a re n t in the orderly state o f th e public a cco u n ts. His acceptance o f office was n ot significant o f any m odification in th e G o v e rn m e n t p o lic y .. . . [D ju rin g the la tte r p a rt o f th e-p re v io u s session h e h a d been to a con sid erab le extent a s u p p o rte r o f th e G o v e rn m en t. L o rd S yden­ h a m h a d been m uch im pressed by his a p titu d e for dealing with questions o f finance, a n d by th e readiness w ith w hich h e disposed o f co m plicated m atters o f a cc o u n t. His L o rd sh ip h a d discussed with som e o f th e M inisters th e advisability o f requesting him to accept office as In sp e cto r-G e n e ra l, a n d o vertures w o u ld doubtless have been m ade to th a t end h a d th e G o v e rn o r’s life been sp a red . T he

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death o f his L o rd sh ip h a d caused a tem p o rary suspension o f the G o v e rn m en t policy, S ir R ich ard Ja c k so n ’s 1 official acts being al­ m o st entirely restricted to th e m erest form alities. M r. H incks’s entry into th e C a b in e t h a d accordingly been p o stp o n e d , b u t it h a d been well und ersto o d a m o n g th e M inisters them selves th a t he sh o u ld be a d m itte d w henever a favourable o p p o rtu n ity sh o u ld present itself. D irect overtures w ere m ade to him to w a rd s th e end o f M ay, a n d he re tu rn e d a favourable reply w ithin a day o r tw o afterw ard s. His acceptance o f office ten d ed to w iden, for a tim e, th e breach betw een him self a n d his fo rm er leader, M r. B aldw in. His co n stitu e n ts in O x fo rd , on th e o th e r h a n d , ap p ro v ed o f his c o n d u ct, a n d reelected him by a sw eeping m ajority o v er th e O pp o sitio n c an d id ate . U pon accepting office h e th o u g h t p ro p e r to sever his p ro p rietary co n n ec ­ tion w ith th e press, a n d disposed o f his interest in th e E x a m in e r, w hich how ever w as carried on by his im m ed iate successor in the interests o f th e A d m in istra tio n , a n d for som e tim e b o re internal evidence th a t its policy c o n tin u e d to be largely sh ap ed by M r. H incks. It subsequently passed into o th e r h a n d s, after w hich its policy u nderw ent vario u s m odifications. T h e an im adversions u p o n M r. H incks’s a p p o in tm e n t to the In sp ecto r-G en eralsh ip w ere n o t confined to m em bers o f th e C o n ­ servative p arty. T h e adv an ced R efo rm ers felt his alleged desertion keenly, a n d did not hesitate to accuse him o f having sold h im self for a price. M r. H incks w as n o t disposed to sit dow n tam ely under such accusations, a n d replied to all upb raid in g s w ith acrid raillery. In later tim es he w as referred to by L o rd M etcalfe’s b io g rap h e r (Sir J . W . K aye] as h aving “ a to n g u e th a t cut like a sw o rd , a n d no discretion to keep it in o rd e r.” W hatever opin io n m ight be form ed as to his discretion, th ere co u ld be no d o u b t w hatever as to the incisive sharpness o f his to n g u e w hen he w as roused by th e attacks o f his o p p o n e n ts. It m ay b e asserted o f him th a t th ro u g h o u t the sto rm y discussions o f those tim es he generally succeeded in fully ho ld in g his o w n . So far as can now be ju d g e d , his c o n d u ct in entering th e G o v e rn m en t a n d a fterw ards seem s to have been due to a m odification o f policy ra th e r th a n o f o p in io n , a n d in this respect h e by no m eans sto o d a lo n e a m o n g U p p e r C a n ad ian R eform ers. U p o n th e open in g o f th e session o f 1841 he h a d conscientiously e n ough ranged h im self on th e side o f th e adv an ced w ing o f the O p p o sitio n . In c o m m o n with his c o ad ju to rs, h e h a d anticipated a vote o f non-confidence in th e M inistry as a result o f M r. B aldw in’s resignation. T h a t anticip atio n h a d proved to be not w ell-grounded. T h e “ united R efo rm P arty o f U p p e r C a n a d a ” h a d proved to be less indissolubly un ited th a n h a d been su p p o sed . A s th e session ad v an ced , M r. H incks finding th a t th e G o v e rn m en t w as sustained by a large m ajority - a m ajority including m any sincere R eform m em b e rs-sa w n o g o o d p u rp o se to be served by a fruitless, a n d , as it

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ap p ea red to h im , a factious a n d hopeless o p p o sitio n ; m o re especial­ ly as th e principal g ro u n d s o f his o p position h a d been rem oved by th e m inisterial adm issions on th e subject o f R esponsible G o v e rn ­ m ent. A g ain , it seem s not im p ro b a b le th a t he w as to som e extent surprised into a d m iratio n o f L o rd S ydenham by th e co m p re h en s­ iveness o f th at G o v e rn o r’s plans, a n d by th e boldness a n d originality o f som e o f his m easures. T h ere w ere doubtless o th e r m otives per­ sonal to him self. H e does not a p p e a r to have tak e n very kindly to his F ren ch C a n ad ian allies at th a t tim e, a n d they, in th eir tu rn , were n o t favourably im pressed by him . H e w as m o reo v er am b itio u s, and it m u st have been a p p are n t e n ough to a m an o f his keenness o f perception th a t if he d eterm ined u p o n rem aining in O p p o sitio n he w ould be com pelled to play a w aiting gam e. H is going o v er to the M inisterialists w ould n o t necessarily involve any sacrifice o f Liberal principles, for th e G o v e rn m e n t claim ed to be, a n d to a large extent w as, o f a L iberal c o m plexion. L o rd S y d en h am , w h o , at any rate d u rin g a great p a rt o f th e session, h a d been his ow n Prim e M inister, w as a m an w hose L iberalism did not a dm it o f d o u b t. O n the M unicipal Bill, a n d on o th e r m easures w hich did not a p p e a r to him to involve any essentially political principle, M r. H incks, in c o m ­ m o n w ith o th e r R eform ers, h a d voted w ith th e G o v e rn m en t. It is n o t to be w o ndered a t, how ever, th a t his sincerity a n d consistency w ere im pugned by his old allies, as well as by ultra-C onservatives, for no m an h a d been m o re vehem ent in his antag o n ism to the G o v e rn m en t du rin g th e early days o f the s e s s io n .. . . E ver since M r. B aldw in's resignation o f th e office o f SolicitorG en eral for U p p e r C a n a d a - em bracing a p eriod o f m ore th an a y e a r - t h a t office h a d rem ain ed v a ca n t. S hortly before M r. H incks’s entry into th e G o v e rn m en t th e po st w as offered to M r. Jo h n S. C a rtw rig h t, m em b er for L ennox a n d A d d in g to n , an ultra-C o n serv ative, a n d a rig h t-h a n d s u p p o rte r o f Sir A llan M a c N a b . T h a t gen­ tle m an , how ever, w o u ld have n o th in g to say to th e S olicitor-G eneralsh ip , a n d in a som ew hat c ap tio u s letter w ritten at K ingston on th e 16th o f M a y , a n d addressed to the G o v e rn o r-G e n e ra l in per­ so n , refused to accept any office w hatever in a G o v e rn m e n t c o n ­ tain in g such heterogeneous m aterials. H e w as disgusted a t seeing m en a p p o in te d to offices in b o th Provinces w h o , less th a n five years before, h a d a n n o u n c e d them selves as being o p p o se d to any longer m ain tain in g th e c onnection betw een C a n a d a a n d th e m o th e r c o u n ­ try . “ I w ould n o t hide from y o u r E xcellency,” w rote M r. C a r t­ w rig h t, “ th a t th e C onservatives o f U p p e r C a n a d a view som e o f the late a p p o in tm en ts as utterly indefensible, a n d as evidence th a t the G o v e rn m e n t w as indifferent to th e political principles o f m en, even a lth o u g h those principles w ere inim ical to British su p rem acy in these colonies.” H o w far M r. C a rtw rig h t, an h o n o u ra b le a n d wellm eaning m an e n o u g h , w as ab le to read th e signs o f th e tim es, is

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a p p a re n t from his view s, as e n u n ciate d in this letter, o n th e subject o f R e sp o n sib le G o v e rn m e n t. “ O n th e q u e s tio n o f R e sp o n sib le G o v e rn m en t I have already explained to y o u r Excellency m y views o f its d angerous ten d en cy ; a n d th e m o re I reflect upon it th e m o re I feel convinced o f its in com patibility w ith o u r positio n as a c o lo n y p a rticu la rly in a c o u n try w h e re alm ost universal suffrage prevails; w here th e g reat m ass o f th e people are u n e d u ca te d , a n d w here there is little o f th a t salu tary influence w hich hered itary ra n k a n d great w ealth exercise in G re a t B ritain. I view R esponsible G o v e rn m en t as a system based u p o n principles so d an g ero u s th a t th e m ost virtuous a n d sensible act o f a m an ’s public life m ay deprive him a n d his fam ily o f th eir b re ad , by placing him in a m inority in a n A ssem bly w h ere faction, a n d n o t re aso n , is likely to prevail.” Such language as this w as n o t to be m isu n d ersto o d . T h e G o v e rn m e n t could not h o p e to enrol M r. C a rtw rig h t in its service. T h e po st o f SolicitorG e n era l for U p p e r C a n a d a w as th en offered to M r. H enry S h er­ w o o d , a n a b le N isi P riu s law y e r o f T o r o n to , a n d a v ery p r o ­ n o u n c ed C onservative, w ho h a d n o t then any seat in P arliam ent. M r. S herw ood, greatly to th e surprise o f m an y o f his friends and political allies, accep ted th e p ro p o sa l, a n d w as sw orn into office on th e 2 3rd o f Ju ly [1842]. T h ere w ere persons w ho did n o t scruple to allege th a t he h a d tak e n office w ith th e deliberate intention o f p ro m o tin g th e o v erth ro w o f th e G o v e rn m en t. T h e allegation e m a ­ na te d from M r. S h e rw o o d ’s personal a n d political friends, but does n o t seem to h a v e h a d any fo u n d a tio n in fact. Such a co u rse, indeed, unless distinctly avow ed, w o u ld have been in th e highest degree inconsistent w ith h o n o u r, a n d M r. Sherw ood w as a very unlikely m an to lend h im self to any project o f th e kind. A m o n th before this d a te th e S olicitor-G eneralship for th e L ow ­ er Province h a d becom e v a ca n t, M r. D ay, th e incum bent o f th a t office, having been a p p o in te d , o n th e 20th o f Ju n e , to a judgeship o f th e C o u rt o f Q u e en ’s B ench for L ow er C a n a d a . T h ere w as no successful a tte m p t to fill th e vacancy until after th e m eeting o f the H ouses. T h e G o v e rn m en t looked forw ard w ith a g o o d deal o f solicitude to th e opening o f th e second session u n d e r th e U n io n . U n d e r L ord S ydenham they h a d been stro n g enough to feel safe, but their stre n g th h a d been largely d erived from L o rd S ydenham him self, a n d by his d e ath they h a d been deprived o f th a t pow erful su p p o rt. By this tim e they well knew th a t u p o n the assem bling o f Parliam ent they w ould be com pelled to e n co u n ter the d eterm ined oppo sitio n o f tw o widely divergent schools o f politicians. T h e F re n c h C an ad ian m em bers, with o n e o r tw o exceptions, m ight be depended upon to act in unison w ith th e adv an ced R efo rm ers o f th e U p p e r Province w ho acknow ledged th e leadership o f R o b ert B aldw in. T h e ultraC o nservative m em b ers from U p p e r C a n a d a , w ho follow ed th e lead

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o f Sir A llan M a c N a b a n d M r. C a rtw rig h t, represented th e o th er extrem e o f political ideas; b u t they h a d o n e m otive in c o m m o n with U p p e r C a n ad ian R adicalism a n d F rench L iberalism - dislike to the existing A d m in istra tio n . T h e coalition o f these tw o bodies w as o m i­ n o u s , fo r M r. B a ld w in ’s p a rty h a d ste a d ily g a in e d g ro u n d all th ro u g h th e recess, a n d th e F rench C a n a d ia n p arty h a d received a m aterial accession o f stren g th by th e re tu rn o f several o f th e ablest o f their c o m p a trio ts to P arliam en t. M r. Baldw in and his follow ing sto o d loyally by th eir F ren ch C a n a d ia n allies, a n d th e un ited vote o f F ren ch C a n a d ia n s, B aldw inites, a n d U p p e r C a n a d a C o n se rv a ­ tives w ould be alm ost certainly fatal to th e M inistry. T h e French C a n a d ia n s w ere num erically th e stro n g est o f th e th ree, a n d as they vo ted w ith ab so lu te u n iform ity it w as evident th a t they co u ld not m u c h lo n g e r b e e x c lu d e d fro m a s h a re in th e G o v e r n m e n t. It seem ed n o t im p ro b a b le th a t th e balance o f p o w er w ould erelong be in th eir keeping. T h e discontent o f th e C onservatives grew apace from day to day all th ro u g h th e su m m er. Sir C harles B agot h a d greatly d isappointed th em . W hen th e fact o f his a p p o in tm e n t to th e G o v e rn o r-G e n e ra lsh ip h a d first been a n n o u n c e d , they h a d lo o k ed fo rw ard w ith m uch confidence to so m e th in g like a re tu rn o f th e (to th em ) golden age o f Sir Peregrine M a itla n d a n d Sir Jo h n C o lb o rn e. E ver since his a rriv ­ al in the c o u n try this confidence h a d been grad u ally dim inishing. H is trea tm e n t o f them h a d been co u rte o u s a n d conciliatory in tone, b u t in this respect h a d n o t differed from his tre a tm e n t o f French C a n ad ian ex-rebels a n d U p p e r C a n ad ian R adicals. H e reb u k ed the spirit o f intolerance a n d p ersecution w herever h e fo u n d it, and displayed a g o o d deal o f qu iet, statesm an lik e firm ness. H e felt h im ­ self to be a c o n stitu tio n a l ru ler, a n d governed him self accordingly. A new C om m ission o f th e Peace w as p ro m u lg a ted , w hich included th e nam es o f m en o f various origin, a n d o f vario u s political sy m p a­ thies. H is Excellency early recognized th e im p o rta n ce o f reconciling th e F rench C a n a d ia n s to th e new o rd e r o f things. In his a p p o in t­ m en ts to office he knew no distinction betw een F rench C a n ad ian s a n d British C a n a d ia n s. A F rench C a n a d ia n , in th e person o f M . Joseph R em i Vallieres de S t. R eal, w as a p p o in te d C h ief Justice o f th e D istrict o f M o n tre al. A n o th e r w as a p p o in te d Ju d g e o f th e D is­ tric t o f T h ree R ivers. D r. Jean B aptiste M eilleur, w hose n ationality is sufficiently indicatfcd by his n am e, w as a p p o in te d S uperintendent o f Public In struction for L o w er C a n a d a . In th e U p p e r Province a sim ilar disposition w as m anifested to a p p o in t to office persons who enjoyed th e confidence o f th e m a jo rity .. . . Such w as th e sta te o f affairs w hen P arliam en t m et on th e 8th o f S eptem ber [ 1 8 4 2 ] .. .. In th e A ssem bly . . . changes w ere m an y and im p o rta n t, a n d nearly all o f them ten d e d to strengthen th e h a n d s o f th e O p p o sitio n . M r. D a y ’s retirem ent from public life h a d left v a ­

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c a n t th e rep resen tatio n o f th e c o u n ty o f O tta w a . In his stead had been retu rn ed D enis B enjam in P ap in eau , a b ro th e r o f th e m ore celebrated L ouis Jo sep h P ap in eau , w ho w as still in exile, in conse­ quence o f his identification w ith th e L ow er C a n ad ian rebellion. M r. M o rin h a d also retired, for th e tim e, from public life, a n d had accepted a ju d g esh ip in his native Province, thereby leaving vacant th e representation o f th e c o u n ty o f N icolet. H e had resigned the ju d g esh ip after retaining it a sh o rt tim e, but h a d n o t again offered h im self to his o ld co n stitu en ts, w ho had re tu rn e d as th eir represent­ ative L ouis M ichel Viger, a cousin o f th e m em ber for R ichelieu [D . B. V iger], V arious o th e r chan g es h a d o ccu rred , b u t th e only one calling for special m ention is th e retu rn o f M r. L afo n tain e for the F o u rth R iding o f Y o rk . M r. L afo n tain e, w ho w as one o f th e ablest m en his P rovince has p ro d u c ed , a n d w ho w as destined to tak e a c onspicuous place in its political a n d ju dicial h istory, deserves a pa rag ra p h to him self. A t th e tim e o f his retu rn to th e F irst P arliam ent o f U nited C a n a d a , L o u is H y p o lite L a fo n ta in e w as o n ly a b o u t th ir ty - fo u r years o f age. H e w as b orn n e ar th e village o f Boucherville, in the c o u n ty o f C h a m b ly , in 1807. F ro m his earliest ch ild h o o d he gave evidence o f possessing a so a rin g am bition a n d a capacious m ind. H e devoted h im self to th e law as his profession in life, a n d after his call to th e b a r he began p ractice at M ontreal. H e w as successful, b o th in his profession a n d o u t o f it, a n d rapidly accum ulated c o n ­ siderable pecuniary' m eans, w hich w ere a u g m en ted by a n a d v a n ta ­ geous m arriage. H e held w h a t in those days w ere considered very advanced opinions on m atters political, a n d w as a d is c ip le -a lb e it n o t alw ays a su b o rd in a te o n e - o f M r. P ap in eau . H e served the p o p u lar cause in th e D istrict o f M ontreal by his w ritings in La M inerve, a p a p er founded in th e national interests in 1826, and c o n d u cted with g reat ability for som e years by M r. A . N . M orin. Between M r. L afo n tain e a n d M r. M orin a w arm friendship sprang u p ; a friendship w hich w as preserved u n b ro k e n th ro u g h o u t the w hole sub seq u en t co u rse o f their lives. It has been said th a t each o f these tw o em inent m en form ed an a p p ro p ria te com plem ent to the o th er: th a t each possessed w h a t th e o th e r lacked, a n d th a t th e union o f their forces gave a form idable im petus to th e cause w hich both h a d at h eart. M r. M o rin w as a m an o f ra re ability, b u t he h a d the m odesty which frequently accom panies tru e genius. H e w as not given to self-assertion, a n d passed w ith m ost o f his acqu ain tan ces at m uch less than his tru e value. M r. L afontaine, on th e c o n tra ry , w as essentially a m an o f th e w o rld ; a m an o f high a m b itio n s; a m an brilliant a n d show y, fully c ap a b le o f asserting a n d m aintaining all th a t o f right belonged to h im . H e early to o k ra n k a m o n g his c o m ­ p atrio ts as a leader o f m en. In 1830, w hen he w as tw enty-three years old, he w as re tu rn e d to th e L ow er C a n ad ian A ssem bly, w here

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h e ad v o ca te d th e rights o f his c o m p a trio ts w ith m uch fervour and eloquence, until th e b reaking o u t o f the rebellion. T h a t M r. L afo n ­ tain e w o u ld h av e been glad e n ough to see th a t m ovem ent succeed m ay safely e n ough be taken for g ra n te d , b u t h e w as to o p ru d e n t to identify him self w ith it. A fter th e engagem ents a t St. D enis a n d St. C harles he fo u n d h im self placed in a n e m b arrassin g p osition. T he rebels looked to him for active su p p o rt; b u t he knew th e hopeless­ ness o f th e in su rrectio n , and h a d no idea o f im perilling his liberty o r his life in a lost cause. O n th e o th e r h a n d , he fo u n d him self an object o f suspicion to th e G o v e rn m en t. A fter an ineffectual appeal to L o rd G o sfo rd to c o n v o k e th e H ouses he quietly w ithdrew from th e Province. H e repaired to E ngland, a n d thence to F ran ce, w here h e re m a in e d u n til a fte r th e a m n e sty p ro c la m a tio n w as issu e d , w hereu p o n h e re tu rn e d to C a n a d a . H is views h a d u n d erg o n e som e m odification du rin g his exile. H e h a d previously held a t n au g h t the p o w er o f th e p riesth o o d , w ho in th eir tu rn h a d lo o k ed askance at h im , a n d reg ard ed him as hetero d o x in his religious beliefs. A fter his retu rn he a d o p te d a different policy. M r. P apineau w as o u t o f th e w ay, and th ere seem ed to be no p robability o f his early retu rn to C a n a d a , as he h a d been expressly excluded by n a m e from the am nesty th a t h a d been declared. M r. L afo n tain e accordingly found him self in th e position o f leader o f his fellow -countrym en, a n d he w as to o wise to c o n tin u e his o p p o sitio n to so p o ten t a pow er as was th a t o f th e L ow er C a n ad ian clergy. H e set him self to conciliate th em , a n d with success. “ W h eth er from conviction o r from policy,” says th e a u th o r o f th e W ashington S k e tc h e s, h e w ent regularly to m ass, a n d , his m oral c o n d u ct being irrep ro ach ab le, it is to be p re ­ su m ed th a t h e w as sincere, th o u g h th e coincidence o f interest a n d devotion is strik in g .” H ow ever th a t fact m ay have been, M r. L a ­ fontaine soon h a d th e clergy on his side, a n d becam e-ail-pow erful a m o n g his c o m p a trio ts generally. H e still held radical views in m a t­ ters political, a n d w o u ld doubtless have been ready e n ough to head a n o th e r insurrection if it co u ld have been proved to him th a t such a m ovem ent w ould have been a tte n d ed by any likelihood o f success. H e w as fo r so m e tim e an o bject o f suspicion to th e au th o rities, and erelong th e suspicion to o k an active form . A n incautious letter w'ritten by him to a professional friend co n ta in ed a sentence w hich seem ed to indicate so m e th in g m o re th a n a stro n g sy m p ath y w ith the insurrection. T h e c o n te n ts o f th e letter becam e know n to th e a u ­ thorities, a n d a w a rra n t w as issued for th e w riter’s apprehension. O n th e 7th o f N o v e m b er, 1838, he, in co m m o n w ith th e Vigers and o th e r influential F ren ch C a n a d ia n s, w as a rrested a n d co m m itted to prison. T h e tim e w as one o f g re at excitem ent, as R o b ert N elson w as th en m ak in g his foolish a tte m p t to establish a C a n ad ian re p u b ­ lic. T h ere w as no evidence a gainst M r. L afo n tain e, and h e w as soon released. H is im p riso n m en t, b rief as it w as, served ra th e r to confirm

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th an to w eaken his position as leader o f his c o m p a trio ts, a n d he c o n tin u e d to retain th eir confidence to th e end o f his life. A short tim e before th e U n io n A ct c am e into o p e ratio n th e G o v e rn o rG e n e r a l- th e n M r. T h o m so n - offered him th e S o licitor-G eneralship for L ow er C a n a d a , o f co u rse upon th e u n d erstan d in g th a t he w o u ld su p p o rt th e G o v e rn m e n t policy. M r. L afo n tain e declined the p ro p o sa l. H e w as o n e o f th e m ost vehem ent o p p o n e n ts o f the U n io n , w hich, in co m m o n w ith nearly all o f his fellow -countrym en, he rightly reg ard ed as a schem e to destroy th e F rench C a n ad ian n ationality. T h e im position o f th e debt o f th e U p p e r Province upon th em h e regarded in th e light o f a legalized ro b b ery . As already recorded in these pages, a m eeting w as held at M ontreal under his auspices, w here, on his ow n special m o tio n , a protest against the im pending U n io n w as a d o p te d . W hen th e project h a d becom e an accom plished fact, how ever, he bow ed to th e inevitable w ith such grace as he co u ld su m m o n to his aid . A s circum stances w ould not acc o m m o d a te them selves to his m in d , he bent him self to acc o m m o ­ d a te his m ind to th e circum stances. H e offered h im self to his old con stitu en ts in T e rre b o n n e [but because o f in tim id a tio n w as unsuc­ cessful]. M r. B aldw in’s d o u b le re tu rn gave him th e o p p o rtu n ity for which h e w aited. M r. Baldw in a n d he w ere o f o n e m in d on all the principal questions before th e public. T hey w ere also o f one m in d as to th e tru e policy required a t th e h an d s o f th e G o v e rn m en t. T hey h a d m oreover conceived for each o th e r a high personal esteem and friendship, w hich w ere m ain tain ed w ith o u t in te rru p tio n d u rin g the rem aining years o f th eir respective lives. A fte r M r. B aldw in, on the 25th o f A u g u st, 1841, had m ad e his election to sit for th e c o u n ty o f H astings, he presented his L ow er C a n a d ia n ally to th e electors o f th e F o u rth R iding o f Y o rk . M r. B aldw in’s influence w as p a ra ­ m o u n t th ere, a n d M r. L afo n tain e w as re tu rn e d on th e 21st o f S eptem ber, th ree days after th e close o f th e first session u n d e r the U n io n . T he m an w ho h a d lo n g been th e recognized leader o f his c o m p a trio ts w as now able to ta k e his place as th eir leader in Parlia­ m en t. H e w as from th e first a c onspicuous figure there. H e h a d a m assive, N a p o leo n ic cast o f co u n te n an c e , a n d an arg u m en tativ e sty le o f o ra to r y w h ic h im p re sse d all w h o h e a rd h im . H e w as an elo q u en t a n d large-m inded m a n , w ith a statesm anlike intellect, and his retu rn h a d greatly stren g th en ed th e h a n d s o f th e p a rty w hich he represented. W ith such a leader, it w as im possible th a t th e French C a n ad ian elem ent co u ld m uch longer be excluded from a sh a re o f pow er. T h a t elem ent looked up to him , n o t p erh ap s w ith th e ra p tu ­ rous enthusiasm w hich M r. P apineau had been w ont to inspire, but still w ith a confidence a n d respect which w ere highly h o n o u ra b le to th e recipient. H is c o u n try m en a d m ired him for his abilities, for his intellectual pow er, for his u n d o u b te d devotion to their interests, for th e im p riso n m e n t w hich h e h a d un d erg o n e, a n d for th e circu m ­

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stances u n d e r which he h a d declined to accept office u n d e r L o rd S ydenham . T h e fact th a t som e F rench C a n ad ian s m u st b e adm itted to office w as by this tim e fully recognized by th e m em bers o f the A d m in istra tio n , a n d a t the tim e w hen P a rlia m en t assem bled the advisability o f m aking o vertures to M r. L afo n tain e to ta k e a share in th e cares a n d responsibilities o f carrying on th e G o v e rn m e n t had alread y been discussed. T h e result o f th e discussion will presently a p p ea r. T h e se c o n d sessio n w as o p e n e d in th e L eg islativ e C o u n c il C h a m b e r a t tw o o ’clock in th e a fte rn o o n o f T h u rsd a y , the 8th o f S eptem ber [1842J. T h e Speech from th e T h ro n e w as read by his Excellency in a stro n g , clear a n d distinct voice, a n d sp ectato rs re­ m ark e d upon th e c o n tra st betw een his a p p ea ran c e a n d th a t o f L o rd S y d en h am . Sir C harles w as in p articularly g o o d health , a n d , so far a s could be ju d g e d , m an y years o f w ork w ere yet in sto re for him . T h e Speech set o u t by d eploring “ the m elancholy event which m arked th e close o f th e last session” - nam ely, th e death o f L ord S ydenham . It next referred to th e birth o f th e Prince o f W ales; to th e failure o f th e recent a tte m p t upon th e life o f Fler M ajesty; and to th e conclusion o f th e A s h b u rto n T reaty . T h e A ssem bly were inform ed th a t th e Im perial G o v e rn m en t h a d fully redeem ed the p rom ise m ade by their predecessors to g u a ran tee a Provincial loan. T h e extension o f vario u s public w orks th ro u g h o u t th e c o u n try w as glanced a t, as w as also the q uestion o f im m ig ratio n . T h e condition o f th e public revenue w as declared to be highly satisfactory. T he Speech then referred to c o n te m p la te d a m e n d m en ts to th e A ct re ­ specting th e establishm ent o f M unicipal C ouncils, as well as to th e School A ct. A reorganization o f th e m ilitia w as also recom m ended. “ It is m y earnest h o p e ,” said his Excellency, in conclusion, “ th a t a spirit o f m o d era tio n a n d h a rm o n y m ay a n im a te y o u r councils and direct y o u r proceedings. T h e Province has a t length h appily re­ covered from a sta te o f severe trial a n d dan g er, a n d a bright daw n n ow o p en s u p o n its prospects. T h e p rom ise o f peace secured upon a n h o n o u r a b le a n d a d v a n ta g e o u s b asis, th e re -e s ta b lis h m e n t o f tran q u illity and security, th e re sto ratio n o f financial c redit a n d c o m ­ m ercial confidence, w ith th e enjoym ent o f free a n d p e rm a n en t insti­ tu tio n s, a re blessings for w hich C a n a d a has reason to be grateful, a n d w hich, I feel assu red , it will be y o u r effort to preserve, a n d y our pride to p e rp e tu a te .” In th e Legislative C ouncil an address echoing th e Speech w as m oved a n d passed w ith o u t delay. U p o n th e re tu rn o f th e m em bers o f th e L ow er H ouse to th eir ow n ch am b er, M o n d a y , th e 12th, was a p p o in te d for th e co n sid eratio n o f th e Speech. D u rin g th e interven­ ing days it w as a p p a re n t enough th a t som eth in g o f im p o rta n ce w as u n d e r discussion. T h e a tm o sp h e re w as electric w ith ru m o u rs o f im p en d in g changes in th e A d m in istra tio n . C aucuses w ere held every

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night up to a late h o u r. T he canvassing o f m em bers th ro u g h o u t the day w as unrem ittin g , except w hen th e H ouse w as actually in ses­ sion. O n th e a p p o in te d M o n d a y a great crow d w as in atten d an ce, a nxious to h e ar th e debate w hich it w as well know n w ould tak e place w hen th e subject o f th e reply to th e Speech cam e u p in o rd e r. T h e audience, how ever, w as d o o m ed to d isa p p o in tm en t, for the c onsideration o f th e question w as p o stp o n e d , at th e instance o f M r. Secretary H a rriso n , until th e day follow ing. M eanw hile, th e M inistry a n d th e G o v e rn o r-G e n era l w ere busily engaged in discussing th e term s u p o n which a fu rth er reconstruction o f th e A d m in is tra tio n m ig h t m o st a d v a n ta g e o u sly b e b ro u g h t a b o u t. N o definite conclusion w as arrived a t until a b o u t noon o f th e 13th, w hen his Excellency addressed a letter to M r. L afontaine, as th e acknow ledged leader o f th e F rench C a n a d ia n m em bers, su g ­ gesting th a t h e sh o u ld accept office in the A d m in istra tio n as A tto r­ ney-G eneral for L ow er C a n a d a . A s an inducem ent to th a t gentle­ m an to e n te r in to th e G o v e r n o r - G e n e r a l’s view s, th e S o lic ito rG en eralsh ip o f L ow er C a n a d a w as placed subject to his n o m in a ­ tio n , w ith th e proviso th at th e office should be filled by a gentlem an o f British origin. It w as stip u la ted th a t M r. O gden, th e then in cu m ­ bent o f th a t office (w ho w as absent in E ngland on leave), sh o u ld be provided for by pension. T h e C o m m issio n ersh ip o f C ro w n L ands, w ith a seat in th e C a b in e t, w as also placed a t M r. L afo n tain e ’s disposal, as well as th e C lerk sh ip o f th e E xecutive C ouncil, w hich w as then vacan t. It w as well u n d e rsto o d th a t M r. L afo n tain e w ould n o t accept office unless his friend M r. Baldw in also consented to do so ; a n d as a fu rth er inducem ent he w as a uthorized to offer the A tto rn ey -G e n e ralsh ip o f U p p e r C a n a d a to M r. B aldw in. M r. S h e r­ w o o d , th e new' S olicitor-G eneral for th e U p p e r Province, being then absent from K in g sto n , it w as suggested th a t his office should rem ain in a b ey an ce until his arriv al, w hen it should becom e the subject o f c o n sid era tio n . T h e C om m issionership o f C row n L ands h a d n o t previously been a C a b in e t office. Its incum bent w as M r. Jo h n D av id so n , w ho had never been in P arliam ent, but w ho w as an old a n d efficient public serv an t. It will be seen th a t th e re co n stru c ­ tio n , as c o n te m p la te d , involved th e retirem ent from office o f M r. D ra p e r a n d M r. O g d e n , A tto rn ey s-G en c ra l respectively for U p p er a n d L ow er C a n a d a . T h e offer w as flattering e n o u g h ; but M r. L afo n tain e a n d M r. Baldw in believed them selves to be m asters o f th e situ atio n , and refused to accept. T h ey dou b tless hoped to be able to com pel the M inistry to resign, w hereu p o n they w ould have h a d th e form ing o f a new one. T his, how ever, th e M inistry, as a b o d y , refused to do. M r. D ra p e r knew th a t th e tim e w as up, so far as h e w as concerned, a n d ten d ered his resignation w ith a p p are n t cheerfulness, b u t the o th e r m em bers o f th e G o v e rn m e n t clung to th eir offices w ith tenaci­

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ty. Such w as th e c o ndition o f affairs on th e aftern o o n o f T uesday, th e 13th o f S ep tem b er, th e day to w hich th e d e b ate on th e A ddress h a d been a d jo u rn e d . T he G o v e rn o r’s letter h a d been w ritten and delivered to M r. L afo n tain e betw een o n e a n d tw o o ’clock in the a fte rn o o n , a n d th e recipient h a d o n ly re tu rn e d his h u rried answ er in th e negative a few m inutes before th e m eeting o f th e H ouse. O n th a t day th e crush w as g re ater th a n ever, a n d th e audience w as regaled w ith a lively a n d prolo n g ed deb ate. A t h a lf-p a st three o ’clock in th e a fte rn o o n th e A ddress w as m oved by M r. C . J. F o rb es, m em ber for T w o M o u n ta in s, a n d seconded by M r. Jo h n Sandfield M a c d o n ald , o f G le n g arry . T h e discussion w as th en set going by M r. D ra p e r, w ho th ro u g h o u t fully m ain tain ed his wellearn ed re p u ta tio n for elo q u en t plausibility. H e said th a t ever since th e p ro m u lg a tio n o f L o rd Jo h n R ussell’s celebrated despatch he h a d felt th a t no G o v e rn m e n t sh o u ld be c o n tin u e d w hich co u ld not c o m m a n d th e confidence o f th e H o u se a n d o f th e c o u n try . T h a t, he declared, h a d been his fixed principle, a n d he sh o u ld have been false to his ow n professions, to his ow n feelings, a n d to th e despatch itself, h a d he ten d e red any o th e r advice to th e H ead o f th e E xecu­ tive G o v e rn m en t. A cting u n d e r such a system o f a d m in istratio n , a n d feeling th e full force o f its p ropriety a n d necessity, n o t only in theory b u t in practice, he h a d alw ays been o f op in io n th a t the G o v e rn m en t never co u ld b e carried on in unison with th e principles co n ta in ed in th a t desp atch so long as th e g re at body o f th e French C a n a d ia n m em bers to o k no p a rt in th e ad m in istratio n o f affairs. T his h a d at all tim es been his o p in io n , b u t u n d e r th e A d m in istra ­ tion o f th e late G o v e rn o r-G e n e ra l he h a d h a d no pow er to carry o u t his views. D u rin g th e last session h e h a d twice ten d ered his resignation o f th e office o f A tto rn e y -G e n e ra l. H e a d d ed th a t h e had w ithin th e last forty-eight ho u rs ten d ered his resignation for the th ird tim e, to th e end th a t his co n tin u an ce in office m ight be no o b stru c tio n to th e re co n stru c tio n o f th e G o v e rn m en t upon th a t firm a n d satisfactory basis upon w hich he felt it o u g h t alone to sta n d . H e a d m itte d th a t a t th e outset o f th e previous session h e h a d e n te r­ tain ed prejudices a gainst th e F ren ch C a n a d ia n s, b u t add ed th a t his p re ju d ic e s h a d been re m o v e d by th e m o re in tim a te k n o w le d g e w hich he h a d since acquired o f them by personal interco u rse. Feel­ ing th a t there w as in fact no, difference in sentim ent betw een th e h o n o u ra b le gentlem en o p p o site a n d him self a n d his colleagues, he h a d used his best en d eav o u rs to carry a u nion betw een th em into full effect. H e h a d en d eav o u red to b ring a b o u t th a t political and n ational h a rm o n y u p o n w hich h e h o p e d to see th e G o v e rn m en t sta n d . A lth o u g h his feelings h a d a t all tim es been such as h e now stated them to be, he h a d h a d no o p p o rtu n ity o f carrying th em o u t to any practical result, till th e arrival o f th e present H e ad o f the G o v e rn m en t. In negotiating a n a rra n g e m e n t such as th a t to w hich

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he h a d been alluding, h e felt th a t no p ro p o sal sh o u ld be m ad e to th e gentlem en o p p o site but such as h o n o u ra b le m en could accept. W ith th a t view, a n d know ing th a t the h o n o u ra b le m em ber for H astings (M r. B aldw in) h a d forfeited office for them , a n d th a t, as h o n o u ra b le m en , they could n o t tak e office w ith o u t him , he m ade no pro p o sal to the gentlem en o p p o site w hich did not include the h o n o u ra b le a n d learn ed g entlem an from H astings. In m aking a pro p o sitio n to include th e m em ber for H astings he knew , he said, th a t he w as m aking o n e to exclude him self, a n d it w ould be d ero g a­ tory to him a n d also to th e m em b er for H astings for both to act to gether in the sam e C ab in et. H e had th erefo re at once given in his ow n resignation. H e a n d his colleagues h a d su b m itte d those views to th e h o n o u ra b le a n d learn ed gentlem an o p p o site (M r. L afo n ­ tain e), th e leader o f th e F rench C a n a d ia n people. It w as n o t for him (the A tto rn ey -G e n e ral) to say w hy their proposals h a d been rejected: but w hatever m ight be th e m otives w hich h a d d ictated the refusal, he yet h o p e d to see th e day w hen such a union w ould be form ed, a n d w hen th e principle o f adm inistering th e G o v e rn m en t in h arm o n y w ith th e wishes o f th e people w ould be fairly carried out. M r. D ra p e r th an read a copy o f th e letter addressed by th e H ead o f th e G o v e rn m en t to M r. L afontaine. Fie concluded his rem arks by saying th a t w hatever m ight be th e result, he felt consoled th a t he had tendered w h at he conceived to be the best advice he w as c a p a ­ ble o f giving; a n d h aving so p erfo rm ed his d u ty , he w ould leave the w hole m atter to th e im partial consideration o f th e H ouse. M r. L afo n tain e then briefly addressed th e H ouse in th e French language, sta tin g th a t he w ould a fterw ards explain his m otives for declining th e offers m ad e to h im . Fie a d d ed th a t his m otives were m ore o f a personal th a n o f a public nature. M r. Baldw in m ad e a speech o f nearly a n h o u r’s d u ra tio n , in the course o f w hich he rem ark ed th a t it w as som e c onsolation to him to find th a t th e very advice w h ic h . eighteen m o n th s before h e had tendered to L o rd S ydenham - the very advice for persisting in which he h a d retired from o f f ic e - w a s n o w c onfirm ed by th e u n an im o u s voice o f th e w hole C ab in et. H e h a d not expected th a t such am ple testim ony w ould be so soon b o rn e to th e correctness o f his views. H e expressed his desire to see a stro n g G o v e rn m e n t estab lish ed : not o n e like those in a n e ig hbouring c o u n try , blow n a b o u t by every w ind, a n d ben d in g before every sto rm , but o n e th a t, being a nchored in th e affections o f th e people, w ould be e nabled to ride triu m ­ phantly o v er every adverse w ave. “ T h e learned A tto rn e y -G e n e ra l.” p u rsu ed M r. B aldw in, “ now com es forw ard w ith p ro p o sals to the R eform p arty. If he is sincere in m aking such pro p o sals, th e period o f th e U n io n w as th e p ro p e r tim e for m aking th em . H e a ck n o w l­ edges th a t he w as at all tim es im pressed w ith th e sentim ents o f liberality to w hich he has this day given u tte ran c e , but if such were

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his feelings d u rin g th e last session, why did he not express them ? W hy did he allow tw elve o r eighteen m o n th s to elapse, and still keep his feelings to him self? W hy did he not tell L ord Sydenham w h a t he has to ld Sir C h arles B agot?” A fter a searching review o f th e Speech from th e T h ro n e , M r. Baldw in c oncluded by m oving an a m e n d m en t to th e A ddress, expressive o f a w an t o f confidence in th e G o v e rn m en t. T he m otion w as seconded by M r. J. G . Barthe, m em b er for Y a m ask a, a n d su p p o rte d by a speech from th e H on. D . B. Viger; a fte r w hich M r. L afo n tain e again addressed th e H ouse in th e F rench language, sta tin g th e offers th a t had been m ade to him by th e late L ord S ydenham , a n d also by Sir C harles B agot. He add ed th a t he looked upon the w hole as hollow and insincere, and th a t he could not th in k o f tak in g office by pensioning o ff th e old incum bents. O th e r speeches follow ed, a n d a fiery w ar o f w ords was k ept up until h alf-past eleven at n ight, w hen M r. P arent m oved the a d jo u rn m en t o f the d eb ate to th e day follow ing. T he m otion was seconded by M r. H am ilto n , a n d unanim ously c o n cu rre d in. N ext day th e galleries w ere again closely packed by a great crow d, eager to h e ar th e conclusion o f th e deb ate. Even before the Speaker had tak e n his c h air it becam e evident th a t som e m ysterious influences had been b ro u g h t to bear since th e noisy d eb ate o f the previous a fte rn o o n a n d evening. All excitem ent a n d anger appeared to have com pletely subsided. T h o se w ho h a d so recently been pitted against each o th e r in fierce a n tagonism were now seen side by side in friendly converse. Voices w hich a few h o u rs since h a d m ade them selves heard in loudest o b ju rg atio n w ere now hushed and s u b ­ dued. F o r a few m inutes th e A ssem bly C h a m b e r m ight alm ost have been tak e n for a C astle o f Indolence. A p le a sa n t la n d o f d ro w sy -h e ad it w as.

T h e In d ep en d en t a n d th e C onservative m em bers were at no loss to u n d e rstan d w h at this p o rten d e d , a n d w ere h a rd ly taken by surprise w hen M r. H incks, soon after th e H ouse had been called to order, ro se in his place, a n d after a few o b serv atio n s, m oved lh at the d eb ate on M r. B aldw in’s a m e n d m en t be p o stp o n e d until F riday, th e 16th. H e a d d ed th a t after w h at h a d taken place on th e previous day th e subject h a d necessarily engrossed th e serious atte n tio n o f th e A d m in istra tio n . M r. B aldw in expressed his assent to the p o st­ p o n e m e n t; and if th ere h a d previously been a n y d o u b t as to w hat w as in c o n te m p la tio n , d o u b t co u ld exist no lo n g e r .. . . Before the a p p o in te d F rid ay th e n egotiations with M r. L afo n ­ tain e h a d been successful, th o u g h all th e details h a d n o t been defi­ nitely settled. M r. D ra p e r's resignation h a d been accepted, and M essieurs L afo n tain e a n d Baldw in h a d agreed to accept the offices w hich h a d been ten d ered to t h e m . . . .

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Such im p o rta n t c h a n g e s . . . necessarily evoked m uch criticism from S ir A llan M a c N a b a n d his follow ers, as well as from those m em bers w ho called them selves Independents. It w as not to be w o ndered at if th e in-com ing m em bers w ere ch arg ed with inconsis­ tency, a n d if gloom y vaticinations w ere indulged in by th e disap­ p o in ted a n d disgusted O p p o sitio n . T h e p arty press o f co u rse reflect­ e d th e p arty se n tim e n t. “ T h e com position o f th e present C a b in e t," rem a rk ed o n e o f th e leading o rg a n s o f C o nservative op in io n in the L ow er Province, “ is th e com m encem ent o f division a n d ill-feeling in his Excellency’s G o v e rn m en t in C a n a d a ; the re-creation o f subdued n ational feelings a n d irrita tio n s, a n d , we m uch fear, th e germ o f the colonial sep aratio n from th e m o th e r c o u n try . W e a re convinced th a t these results m ust follow from a C abinet co m p o sed , on th e one h a n d , o f those w ho have o penly a n d undisguisedly exhibited their o p p o sitio n to British con n ectio n , a n d on th e o th e r, o f m en o f re ­ publican feelings, o r w ho w an t honesty sufficient to retire u n re ­ servedly from place, w hen o p p o se d to principle.” Yet it w as a d m it­ ted by th e a d h eren ts o f all sh ad es o f party th a t th e F ren ch C a n a d i­ ans w ere fairly entitled to be represented in th e G o v e rn m en t. If so, they w ere surely entitled to a voice in th e selection o f their rep re­ sentatives, a n d M r. L afo n tain e h a d succeeded to th e place once held by M r. P a p in ea u in th e estim ation o f his co m p a trio ts. In U p p e r C a n a d a there co u ld b e no d o u b t w hatever th at M r. Baldwin w as th e p o p u la r trib u n e o f th e people. T hese facts h a d been a d m it­ ted by M r. D ra p e r him self, not only in w ords, but by th e m ere fact o f his retirem ent from office. It m ay as well b e a d m itte d , w ithout disguise, th a t th e fo rm atio n o f th e new Ministry' w as to som e extent a m easure o f political expediency. T h ere w as p ro b ab ly not a single m em ber o f it w ho felt u n b o u n d e d confidence in all his colleagues. If any o n e o f th em h a d been allow ed to pick a n d choose, he w ould w ith o u t d o u b t have o rd e re d things differently. M r. L afo n tain e and M r. Baldw in w o u ld doubtless have preferred n o t to sit on th e sam e benches w ith M r. [R o b e rt Baldw in] Sullivan a n d M r. [Francis] H incks. M r. H incks a n d M r. [T. C .] A ylw in h a d recently, in the course o f public d e b ate, used language to w a rd s each o th e r which neither o f them co u ld have entirely forgotten o r forgiven. But the m em bers doubtless felt th a t they h a d not been sent there m erely to give effect to th eir personal likes a n d dislikes. S om eth in g w as due to public o p in io n , a n d som eth in g w as due to expediency. T h e old m em bers o f th e G o v e rn m en t enjoyed th e pow er w hich proverbially springs from possession. H a d M r. L afontaine c o n tin u ed to reject th e G o v e rn o r’s ov ertu res, it w as n o t q uite certain th a t he could have carried th e A ssem bly w ith him . T he m em bers o f th e old M in ­ istry w ho retain ed their places w ere m o reo v er fam iliar with the duties o f their respective d e p artm e n ts. S om e o f them w ere excep­ tionally efficient. M r. H incks w as p robably th e best m an in the

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c o u n try for th e post o f In sp e cto r-G e n e ra l. U n d e r such circu m ­ stances a co m p ro m ise w as in dicated, a n d finally carried o u t, with th e results already recorded. A t first, as has been seen, there w as a fixed resolve to com pel the M inistry to resign, a n d to this end M r. L afo n tain e declined th e G o v e rn o r’s proposals, in th e belief th at the resignation w ould ta k e place, a n d th a t he a n d M r. Baldw in w ould then be asked to form a new A d m in istra tio n . W hen th e M inistry, how ever, firmly refused to resign, M r. L afo n tain e did n o t deem it p ru d e n t to push th e c o m b a t a i o u t ranee. O n o n e p o in t, how ever, he w as firm . H e w ould not con sen t to accept office on th e condition th a t th e M inister w hom he th ereb y deposed sh o u ld be pensioned by th e in-com ing G o v e rn m en t. T h e old M inisters yielded som ething in their tu rn , a n d agreed to leave th e pension question an op en one, with po w er to all parties to vote as they th o u g h t fit. T hey also, as will alread y have been inferred, yielded so far as to advise his Excellency to declare M r. [H enry] S h e rw o o d ’s office vacan t, and th u s to render feasible its acceptance by M r. [J. E.] Sm all. A nd th u s m atters were a cc o m m o d a te d . T h e M inistry then form ed is p o p u larly know n as th e first Lafontaine-B aldw in M inistry, to distinguish it from th a t o f 1848, called the se c o n d L afontaine-B aldw in M inistry. A s m a tte r o f fact, how ever, th e fo rm er w as n o t a new G o v e rn m en t, but m erely a reconstructed o n e . . . . T h e new A tto rn ey s-G en e ra l, how ever, were th e recognized leaders o f their respective parties in th e tw o Prov­ inces, a n d w ere the m ost im p o rta n t m em bers o f th e G o v e rn m en t; so th a t th e use o f th eir jo in t nam es to designate th e A d m in istratio n w hich they directed can h ardly be term ed a m isn o m er. . . . M r. L afontaine, upon re tu rn in g for reelection to his constituents in N o rth Y o rk , w as re tu rn e d by a flattering m ajority o f m o re than tw o h u n d re d votes o v er his o p p o n e n t, M r. W illiam R oe, o f N ew ­ m ark e t. M r. Baldw in did n o t fare so well. H e w as op p o sed in H astings by M r. E d m u n d M urney. A t this election th e to tal n u m ­ ber o f votes polled w as 915. O f these, 482 w ere recorded for M r. M u rney, a n d only 433 for M r. Baldw in, w ho w as th erefo re defeat­ ed by a m ajority o f forty-nine. T h e m ost glaring bribery a n d c o r­ ru p tio n w ere practised d u rin g this contest. R uffianism w as ra m p ­ a n t, a n d m ob-law prevailed to such a n extent th a t m any electors, after being beaten a n d otherw ise m altreated , w ere forcibly p revent­ ed from recording th eir votes. It h ap p en ed ju st after this tim e th a t a new election becam e necessary in th e Second R iding o f Y o rk , in c onsequence o f the retu rn o f th e sitting m em ber, M r. G e o rg e D u g ­ gan, having been p ro n o u n c ed void. S om e o f M r. B aldw in’s friends rashly put him forw ard as a c a n d id a te w ithout his know ledge o r c onsent, he having m eanw hile decided on ru n n in g for a Low er C a n a d ia n constituency. H e did n o t visit th e constituency pending the canvass, a n d his interests w ere n o t even judiciously a tte n d ed to

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in his absence. T h a t h e sh o u ld be beaten u n d e r such circum stances w as alm o st a foregone conclusion. M r. D uggan again offered him ­ self to his co n stitu e n ts, a n d o n th e 22nd o f N o v e m b er w as returned by a m ajority over M r. Baldw in o f forty -th ree votes. M r. Baldw in m ay th u s be sa id to have su stain ed tw o successive defeats, although as m a tte r o f fact h e never san ctio n ed th e action o f his friends in p u ttin g him fo rw a rd for th e second constituency. H is consistent c h am p io n sh ip o f his L ow er C a n a d ia n allies w as then acknow ledged by th e latter in a very practical sh ap e, several L ow er Province constituencies being a t once placed at his disposal. H e w ould have h a d no difficulty a b o u t securing a re tu rn in an U p p e r C an ad ian constituency, b u t h e show ed his a ppreciation o f th e g o o d offices o f his eastern friends by selecting th e county o f R im ouski, w here the s ittin g m e m b e r, M r. B o rn e , m a d e w ay fo r h im . O n th e 3 0 th o f Ja n u a ry , 1843, he w as declared elected. T h e an o m aly w as thus presented o f th e U p p e r C a n a d ia n leader sitting for a L ow er Prov­ ince constituency, a n d th e leader o f L ow er C a n a d a sitting for a constituency in th e U p p e r P ro v in c e .. . . T h e new ly-form ed G o v e rn m en t w as a stro n g o n e ; so stro n g th at an y o n e u n fam iliar w ith th e chances a n d changes o f political life m ight n atu rally h av e p redicted th a t it w ould b e able to m ak e light o f any o p p o sitio n th a t could be b ro u g h t to bear against it for years. In a H o u se o f A ssem bly c o n ta in in g eighty-four m em bers th e O p p o ­ sition co u ld n o t m u ster m o re th an tw enty-eight, consisting exclu­ sively o f th e C onservatives o f th e tw o Provinces - a rray ed u n d e r the banners o f Sir A llan M a c N a b a n d th e H o n . G eorge M o f f a tt- a n d o f th e tw o o r th ree m em bers calling them selves In d e p en d e n t. W hen P arliam ent next m et the tw enty-eight h a d sh ru n k to tw enty-four, a n d M r. S ullivan, th e President o f th e C ou n cil, w ho for som e years previously h a d been m o re o f a C o nservative th a n an y th in g else, was able to b oast th a t th e G o v e rn m en t h a d its foot firmly planted upon th e neck o f th e C onservative p a rty . T h e C onservatives o f both Provinces w ere naturally depressed, a n d th e R eform ers w ere p ro ­ p o rtionately e la ted . T h e F ren ch C a n ad ian s w ere especially jubilant a t th e tu rn o f affairs. H ereto fo re, since th e U n io n , they h a d been excluded from all share w hatever in th e co n d u ct o f public business. T h ey now saw th eir leader th e actual leader o f th e G o v ern m en t, a n d a n o th e r highly-esteem ed c o m p a trio t IA . N . M orin] hold in g the im p o rta n t office o f C o m m issio n er o f C ro w n L ands. F o r th e first tim e for years they began to co n te m p la te th e situ atio n w ith som e degree o f com placency, a n d to ask each o th e r w hether it m ight not b e possible, after all, to re g ard th e U nion o f th e Provinces as a yoke possible to be b o rn e with co m p o su re.

C hapter 9

The Shadow of Downing Street T h e legislation o f th e second session u n d e r th e U n io n w as n o t o f p e rm a n en t historical im p o rta n ce , a n d m ay be passed over w ith very b rief m en tio n . T h e A cts passed w ere thirty in n u m b er, in ad dition to tw o w hich were reserved for th e fu rth er signification o f H er M ajesty’s pleasure th ere o n . A m o n g th e m ost im p o rta n t m easures w hich becam e law w as an A ct to provide for th e freedom o f elec­ tions, a n d to prevent such unseem ly passages o f a rm s as h a d ju st taken place in th e c o u n ty o f H astings [w here B aldw in ra n u n su c­ cessfully after he en tered th e M inistry], Som e o f its clauses were m arked by w h at seem ed to m any o f th e o ld-fashioned voters o f those days to be unnecessary severity. It w as en acted th a t any person convicted o f a battery co m m itted during any p a rt o f any day on w hich an election w as held, a n d w ithin tw o miles o f th e hustings, m ight be fined tw enty-five p o u n d s, a n d im prisoned for three calen­ d a r m o n th s, o r either, in the discretion o f th e C o u rt. T he penalties in case o f bribery w ere heavy, a n d c an d id ate s w ere p ro h ib ited from paying even the c o m m o n expenses incidental to an election, such as the hiring o f w agons to convey voters to th e polls. T h e exhibiting o f any ensign, sta n d a rd , c o lo u r, flag, rib b o n , label o r favour w h a t­ soever, o r for any reason w hatsoever, o r for any election, on any election day, o r w ithin a fortnight before o r after such d ay , was p rohibited under a penalty o f fifty p o u n d s a n d im p riso n m en t for six m o n th s, o r either. T h e A ct h a d th e desired effect o f m aking an orderly a n d deco ro u s election contest possible, a n d o f enabling an honest v o ter to exercise his franchise w ithout ru n n in g th e risk o f losing his life o r o f being deprived o f th e use o f his lim bs. A n o th e r m easure o f im p o rta n ce w as an A ct to m ake uniform th e law for vacating th e seats o f m em bers o f th e Legislative A ssem ­

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bly accepting office. T h e a n cien t b o u n d aries a n d lim its o f th e cities o f Q uebec a n d M o n tre al w ere restored, a n d certain O rdinances o f th e late G o v e rn o r and Special C ouncil o f L ow er C a n a d a were repealed. M uch o f th e legislation sim ply repealed o r am en d ed m ea­ sures w hich h a d com e into o p e ratio n u n d e r L ord S y d en h am , and th ere w as a m anifest desire to legislate in such a m an n e r as to conciliate th e F rench C a n a d ia n s. T here w as a good deal o f agita­ tion du rin g the session on th e Seat o f G o v e rn m en t q u estio n , and resolutions w ere passed by a m ajority o f forty to tw enty to the effect th a t K ingston w as not a desirable place for th e capital o f th e Prov­ ince. T h e changes in the A d m in istra tio n h a d been o f such im p o r­ tance th a t it w as deem ed wise to m ak e th e session a very sh o rt one, as it w as hopeless for the reconstructed G o v e rn m en t to a tte m p t to fo rm u late a wise o r carefully-considered policy while th e L egislature was actually in session. P arliam ent w as p ro ro g u ed at o n e o ’clock in the a ftern o o n o f W ednesday, th e 12th o f O c to b e r, after a session o f less th an five w eeks. His E xcellency's Speech w as very sh o rt, and indicated an early reassem bling. It concluded bv th e expression o f a h o p e that th e m em bers, upon th eir retu rn to th eir hom es, w o u ld use their influence in p ro m o tin g u n a n im ity a n d g o o d feeling in their respec­ tive districts. T h e G o v e rn o r-G e n e ra l seem ed to be in th e enjoym ent o f excellent health , a n d it w as rem a rk ed o f him th a t he w as m o re at h om e w ith his duties th an he h a d ap p eared to be at th e open in g o f th e session. “ H e w as acco m p an ied to th e H o u se ," says a flippant n ew spaper w riter o f th e p erio d , “ by a g u a rd o f th e L ancers, and received by a c o m p an y o f th e T h ird Fusiliers, am id th e ro a r o f c an n o n and a general uncovering o f u p p e r w orks. H e acquitted him self o f his duties cred itab ly , a n d retu rn ed to his dom icile in stan t­ ly a fte r th e cere m o n y .” It w as rem ark ed o f his Excellency th a t he seem ed to have grow n y o u n g er since his arrival in C a n a d a , a n d that he w as evidently destined for a green old age. T h e indications were illusory. Scarcely h a d th e session been b ro u g h t to a close w hen th e G o v e rn o r’s health began rapidly to decline. E arly in N o v e m b er he w as p ro stra te d by a severe and d angerous illness. O n e physician p ro n o u n c ed his disease to be d ro p ­ sy. A n o th e r declared it to be h y p e rtro p h y o f th e h eart. B oth proved to be co rrect. T h ere w as a general break in g -u p o f th e c o n stitu tio n , a n d tho u g h th e p atient rallied once o r tw ice it soon b ecam e a p p a r­ ent th a t his earth ly career w as nearly ru n . P arliam ent h a d been p ro ro g u ed until th e 18th o f N o v e m b er. T h e G o v e rn o r's ill-health rendered a fu rth er p ro ro g atio n necessary. H is m edical advisers rec­ o m m e n d e d , as th e m ost effectual m eans o f p rolonging his life, th at he sho u ld a t o n ce retu rn to E ngland, o r th a t he sh o u ld at least rep air to som e lan d w here he m ight b e subjected to a less trying

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clim ate th an th a t o f C a n a d a in w inter. T he first recom m endation harm o n ized w ith his ow n inclinations a n d those o f his fam ily, and he lost no tim e in requesting his recall. L ong before any reply could be received from th e Im perial au th o rities, how ever, lak e and river navigation had closed, and w inter h a d set in w ith unusual severity. T h e inclem ent season did its w o rk upon his debilitated fram e, and he w as so o n to o w eak to u n d e rta k e th e jo u rn e y . H e bore up with such fortitude as h e co u ld c o m m a n d , a n d tran sac te d business with his C ouncil w henever he felt ab le to do so , but in th e actual w ork o f carry in g on the G o v e rn m en t he w as able to ta k e but a very slight share. Before the close o f th e year it began to be ru m o u re d in political circles th a t the exciting cause o f Sir C harles B agot’s illness was w orry a n d anxiety o f m ind, induced by an im adversions on his c o n ­ duct from th e H o m e O ffice. H ow far these an im adversions were really responsible for his c o n d itio n it is difficult to say. A s has alread y been in tim ated , he h a d never enjoyed a vigorous c o n stitu ­ tio n , a n d he w as at this tim e sixty years o f age. Still, he had alw ays lived regularly, a n d , unlike his predecessor, w hose hab its w ere not in all respects conducive to longevity, he h a d h u sb a n d e d his physi­ cal resources by a careful observance o f the law s o f health. U p to a few days before his first a tta c k he h a d seem ed to be so vigorous and b u o y a n t th a t he w as com p lim en ted by m em bers o f his fam ily upon having renew ed his y o u th . It is certain th a t on th e very day before his p ro stra tio n he h a d received an official c o m m u n ica tio n from L o rd Stanley, th e C olonial Secretary', a n d th a t he h a d been greatly a nnoyed a n d w orried thereby. T he c o n te n ts o f this m issive, a n d o f su b seq u en t missives from th e sam e q u a rte r, have never been given to th e w orld, b u t there can be little d o u b t th a t they co n tain ed severe censure o f his action with reference to the change o f M inistry.1 T he p a rticu la r g ro u n d o f censure can only be guessed at, but L ord Stanley at this tim e looked with no favourable eyes u p o n R esponsi­ ble G o v e rn m en t as applied to C a n a d a , a n d it is at least pro b ab le th a t he w as averse to seeing persons placed in po w er in this c o u n try w hose loyalty h a d so recently been, to put th e m atter very m ildly, open to grave suspicion. D ow ning Street w as less indifferent to C a n ad ian affairs th an it had been p rio r to th e publication o f L ord D u rh a m ’s R e p o rt, but it co u ld not be expected to u n d e rsta n d the position o f m atters here as well as Sir C harles B agot, w ho had spent ten m o n th s in acquiring a know ledge o f th e political needs o f th e c o u n try . T h e L o n d o n T im e s, w hich th en , as now , w as culpably ign o ran t on everything relating to C a n a d a , lectured th e G o v e rn o r with patro n izin g sternness for having taken M r. L afontaine, “ a m an w ho h a d h a d a price set u p o n his h e ad ,” into his C ouncil. T he Im perial assent to th e G o v e rn o r’s request for his recall, how ever.

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w as n o t u n d e rsto o d as im plying any censure u p o n his co n d u ct, but m erely as a com pliance with his will, im posed by the declining state o f his h e a l t h .. . . In th e m iddle o f F e b ru a ry , 1843, it becam e know n in C a n ad a th a t Sir C harles B agot’s request for his recall h a d been g ra n te d , and th a t Sir C harles M etcalfe, late G o v e rn o r o f Ja m aica , h a d been a p p o in te d in his ste ad . Before entering into particulars respecting Sir C harles M etcalfe’s a p p o in tm en t, and his sub seq u en t A dm inis­ tratio n o f affairs in C a n a d a , th e little th a t rem ains to tell a b o u t Sir C harles B agot m ay as well be chronicled. T he G o v e rn o r h a d not yet relinquished th e ho p e o f living th ro u g h th e w inter, a n d o f p ro ­ ceeding to E ngland in the spring. His successor reached C a n ad a to w ard s th e e n d o f M arch , a n d on the 30th o f th e m o n th th e reins o f G o v e rn m en t w ere su rre n d ere d into his h an d s by the retiring A d m in istra to r. Just before relinquishing his a u th o rity Sir C harles Bagot held his last C abinet C ouncil. H e w as com pelled to receive the M inisters in his b ed ro o m at A lw ington H ouse, for he had becom e too w eak to leave his bed. H e b a d e them a cordial and ten d er farewell, acco m p an ied by a n earnest injunction to d e fe n d his m e m o ry. H e dou b tless a n tic ip a te d tro u b le betw een th e new G o v e r­ n o r a n d the M inistry, in w hich case his ow n c o n d u ct w ould not im probably com e in for serious an im ad v ersio n . T he to n e o f his co m m u n icatio n s from the C olonial Secretary for som e m o n th s past had been such as to satisfy him th at he need expect no defence from th a t q u a r te r. H e d o u b tle ss felt th a t his c o n d u c t w as c a p a b le o f being defended, a n d th a t th e p ro p e r persons to u n d e rta k e th a t task were his sw orn advisers. T h e interview is described as being a very affecting o n e, a n d it is said th ere was n o t a dry eye in th e room . Such a scene w ould not have been likely to ta k e place if th e G o v e r­ n o r h a d . as alleged by th e O pp o sitio n press, been sm a rtin g under a sense o f ty ran n y a n d injustice on th e part o f his M inisters. Sir C harles M etcalfe did not d istu rb Sir C harles B agot a n d his fam ily in their o ccu p atio n o f A lw ington H ouse. T h e invalid was so o n com pelled to relinquish the h ope o f dying in his native land. H e grew w eaker a n d w eaker from day to day. H e lingered until three o ’clock in the m o rning o f S a tu rd ay , th e 19th o f M ay 11843]. w hen his earthly sufferings w ere term in ated by death . H is rem ains were conveyed from K ingston to E ngland by way o f O sw ego and N ew Y o rk . T hey were h o n o u re d w ith m ark ed to k en s o f respect w hile passing th ro u g h th e U n ited States. His m em ory w as long cherished with w arm affection by F rench C a n a d ia n s o f every d e ­ gree, and he is not yet w holly forgotten by th em . H e w as the first G o v e rn o r-G e n e ra l to m ete o u t to them e ven-handed justice, and they were not insensible to th e wise a n d im p artial policy by which his A d m in istratio n w as characterized. T h e British press on both sides o f th e A tlan tic, w ithout distinction o f p a rty , b o re testim ony to his personal g o o d qualities, a n d m o u rn ed his death.

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Sir Charles Metcalfe Sir C harles T heophilus M etcalfe, th e statesm an w ho h a d been a p ­ pointed to succeed Sir C harles B agot as G o v e rn o r-G e n e ra l o f C a n ­ a d a , h a d passed m an y years o f an ind u strio u s life in th e Civil Service o f India, and h a d m o re recently adm in istered th e G o v e rn ­ m ent o f Ja m aica. In both hem ispheres he h a d w on a high a n d h o n o u ra b le re p u ta tio n , not only in various official capacities, but also as a m an. T h e testim onials to his efficiency as a public servant, as well as to his intellectual a n d m oral w o rth , w ere strongest and loudest w here h e w as best k n o w n .. . . T h e facts o f his early life m ay for th e purposes o f this w ork be briefly stated. H e w as b orn at C alcu tta on th e 30th o f Ja n u a ry , 1785, a n d w as th e second so n o f an English gentlem an o f m uch w ealth, nam ed T heophilus M etcalfe, a M ajo r in th e Bengal arm y, a n d a D irecto r in th e E ast India C o m p an y . H e w as from infancy destined by his p aren ts for th e C o m p a n y ’s service, a n d , as was usual in th e case o f y o u th s o f his ra n k , he w as sent ho m e to E ngland to be ed u cated . H e sto o d well in his classes at E ton C o l­ lege, a n d w as know n for a jo v ial-h earted , generous boy, although so m ew h at self-willed, a n d fond o f having his ow n w ay. H e returned to India in his sixteenth y ear, a n d w as so o n a fterw ards a p p o in ted to a w ritership in th e service o f th e g reat C o m p an y . T his position he filled for a b o u t seven years, w hen he w as a p p o in te d to th e ch arg e o f a m ission to th e co u rt o f L ah o re, w here he succeeded so well th a t o th e r high offices o f tru st w ere c onferred u p o n him . H e rose stead i­ ly a n d surely, a n d in 1827 to o k his seat as a m em ber o f th e S u ­ prem e C ouncil o f India. By th e death o f his father a n d elder b ro th ­ er he h a d m eanw hile succeeded to th e fam ily estates a n d title, and h a d becom e Sir C h arles M etcalfe. A dditional w ealth and h o n o u r a w aited him at every ste p in his career. U p o n L o rd W illiam Bentin c k ’s resignation o f the G o v e rn o r-G e n era lsh ip o f India in 1834, Sir C h arles w as provisionally a p p o in te d to th a t p osition, w hich he filled until th e arrival o f his old schoolfellow , L o rd A u c k lan d , as

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G o v e rn o r-G e n e ra l, in 1836. D u rin g this interval he b ro u g h t a bout m any liberal a n d m uch-needed reform s, one o f th e m o st im p o rta n t o f w hich w as th e em a n cip a tio n o f the Indian press from certain em barrassing restrictions to w hich it w as liable to be subjected by any G o v e rn o r w ho m ight be despotic e n ough to enforce th em . By this o n e act he w on th e lasting g ra titu d e, not only o f th e press itself, b u t o f th e countless th o u sa n d s o f w hose sentim ents th e press was th e exponent. U p o n L o rd A u c k la n d ’s arrival Sir C harles sailed for E ngland, w here he to o k up his a b o d e at Fern H ill, an estate which he h a d inherited from his father, a n d w hich is situ ate d near the historic old tow n o f W in d so r. H e h a d never m arried, but he had n e ar relatives to w hom he w as fondly a tta ch e d , a n d w ho fully reciprocated his affection. In their society h e passed m ost' o f his tim e, a n d he looked forw ard to sp en d in g th e evening o f his life a m o n g them . But h e w as not destined to enjoy a long retirem en t. In th e su m m er o f 1839, ju st as h e h a d begun seriously to co ntem plate the step o f entering th e H o use o f C o m m o n s, he w as prevailed upon by th e M inistry o f the day to accept th e post o f G o v e rn o r o f Ja m aica . T he G o v e rn m en t in th a t island w as in a very disorganized c o n d itio n , a n d presented little inducem ent to any m an w ho had the o p tio n o f living a life o f dignified leisure, as h a d Sir C harles M et­ calfe. A w a r o f races prevailed th ere, a n d th e co lo u re d p o pulation were declared to be u n m an ag eab le except as slaves. Sir C harles accepted, how ever; partly w ith the h ope o f a d d in g fresh laurels to his cro w n , and p artly, no d o u b t, from a high sense o f d uty, a n d a desire to render service to th e S tate. T h e result w as such as fully to satisfy any a m b itio n w hich he co u ld reaso n ab ly have entertained. H e c onverted strife a n d disaffection into peace a n d loyalty, a n d this not by rule o f th u m b , but by th e exercise o f a system atic justice. He m ad e him self beloved by all classes o f society. A fter adm inistering th e G o v e rn m en t betw een tw o a n d three years he h a d the proud satisfaction o f leaving the island in a state o f tr a n q u illity .. . . H is resignation w as due to the ill effects o f th e clim ate u p o n his c o n stitu tio n , a n d to th e progress o f a painful a n d serious d iso rd er by which he h a d long been a fflic te d - c a n c e r o f th e left cheek. T his m alady had begun to m anifest itself som e years before his d eparture from India, but its real n a tu re had not been suspected until it had m ade c onsiderable progress. A fter his arrival in E ngland from Ja ­ m aica he su b m itte d to a painful o p e ratio n a t th e h an d s o f Sir Benjam in B rodie a n d o th e r surgeons o f experience. T h e anguish he end u red w as g reat, b u t he b o re it with th e fo rtitu d e o f a m an who, in governing o th ers, had learn ed th e a n o f governing him self. T he result o f th e o p e ra tio n seem ed to be very' satisfactory, a n d for a w hile it w as h o p ed th a t all d an g er to life w as over. T h e terrible disease, how ever, h a d m erely been checked in its progress, a n d it rem orselessly bided its tim e.

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E arly in Ja n u a ry , 1843, it began to be w hispered in English political circles th a t S ir C harles M etcalfe w as to succeed Sir C harles Bagot in th e G o v e rn o rsh ip o f C a n a d a . T h e ru m o u r proved to be tru e .. . . M etcalfe w as a very likely m an to be selected for such an a p ­ p o in tm e n t, inasm uch as he h a d already ap p ro v ed h im self to possess m any high qualifications. H e w as personally in co rru p tib le a n d highm inded. H e h a d h a d a long a n d varied experience in th e Civil Service. H e had been e n tru sted w ith m o re th an o n e im p o rta n t m is­ sion, a n d had alw ays a cq u itte d h im self in such a m an n er as to deserve a n d o b tain high c o m m e n d atio n . In th e perfo rm an ce o f his last im p o rta n t service to th e S tate [as G o v e rn o r o f Jam aica] he had displayed statesm an lik e qualities w hich even th o se w ho knew him best had scarcely cred ited him w ith possessing. In a lan d “ still c o n ­ vu lsed by a so cial r e v o lu tio n ,” h e h a d “ c a lm e d th e evil p a ssio n s which long suffering h a d engendered in one class, a n d long d o m in a ­ tion in a n o th e r.” 1 W as it not reasonable to suppose th at th e m an w hose life had h ith e rto been a series o f successes w ould c o n tin u e to justify his re p u tatio n ? T h ere w as certainly m uch to be said in favour o f such a n a p p o in tm en t. But - there w as a n o th e r side to th e question. S ir C h a rle s's th irty -a n d -o d d years o f public service had nearly all been passed in In d ia, a n d in connection with a G o v e rn m en t w hich w as largely despotic in its c h ara cte r. In th e co n stitu tio n o f th a t g reat em pire the representative elem ent w as w holly w anting. T h e right o f th e peo p le to have a voice in public affairs w as not recognized. So far as they w ere co n cern ed , an im perious G o v e rn o r c ould, if so disposed, lay claim to practical irresponsibility. Sir C h arles’s despotism h a d alw ays been exercised in a beneficent m an ­ ner, but his Indian experiences h a d certainly not been o f a n a tu re to fit him for the direction o f C a n ad ian affairs. It m ay be d o u b ted w h eth er they h a d not ra th e r a tendency to disqualify him . In J a m a i­ ca he h a d . . . effected a pacification o f hostile races, but he had previously o b tain e d a com plete ascendency over the so-called re p re ­ sentative A ssem bly, a n d had had everything his ow n way. His will had been so m anifestly g o o d , a n d his m easures h a d so m anifestly co n d u ced to th e public w elfare, th a t there h a d been no serious o p position to an y th in g he had th o u g h t fit to p ro p o se . So th a t his ad m in istratio n there co u ld not be tak e n as a test o f his ability to ad m in ister th e affairs o f a co u n try p rovided with a co n stitu tio n , and w here b o th m inisters a n d people w ere stren u o u s in asserting th eir c o n stitu tio n al rights. H e had go n e o u t to th e W est Indies arm ed w ith au th o rity to virtually susp en d the co n stitu tio n . His chief task after his arrival h a d been to prove to the e m ployer and th e em ­ ployed th a t their interests w ere identical. T his he h a d effectually succeeded in doing, b u t he h a d n o t to d eal, as in C a n a d a , w ith the conflicting and m o re o r less m atu red views o f o p p o site schools o f

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politicians. T h ere h a d been no im p o rta n t fiscal projects to m atu re; no g re at co m m ercial problem s to solve. A representative c o n stitu ­ tion h a d been in tro d u c ed into th e island nearly tw o h u n d re d years before, b u t in so very sim ple a form th a t com p licated disputes on obscure c o n stitu tio n a l questio n s co u ld n o t well arise. T h e Legisla­ tive C ouncil w as likewise th e Executive C ouncil, a n d th e m em bers o f it held their offices du rin g good c o n d u c t. G enerally speaking, the G o v e rn o r w as w o n t to exercise th e executive a u th o rity w ith o u t ref­ erence to th e C ou n cil. Such a school as this c o u ld h ardly be expect­ ed to furnish a su itab le train in g for a ru ler w ho w as to adm inister th e affairs o f a colony possessed o f R esponsible G o v e rn m en t. O f Parliam en tary G o v e rn m e n t, as u n d e rsto o d a n d practised in this c o u n try , he h a d h a d no experience, a n d h e u n d o u b ted ly en tertained exalted ideas as to th e n a tu re o f th e royal prerogative. It w as alleged th a t he w as a m an o f L iberal ideas. H is em an cip atio n o f th e Indian press, a n d th e general c o u rse o f his official policy, h a d been o f a c h ara cte r to lend c o lo u r to th e allegation. H is b io g rap h e r states th at h e w as “ sa tu ra te d th ro u g h a n d th ro u g h w ith L iberal o p in io n s.” S uch, indeed, w as th e estim ate currently form ed o f him in E ngland; a n d justly, for, tho u g h he h a d h a d no o p p o rtu n ity o f form ally identifying h im self w ith either o f th e rival political parties th ere, he favoured th e a b o litio n o f th e C o m Law s, v o te by b allo t, th e exten­ sion o f th e suffrage, a m elio ratio n o f the P o o r Law s, e q u al rights to all sects o f C h ristian s in m atters o f religion, a n d equal rights to all m en in civil m atters. It is p lain e n o u g h , how ever, th a t th o u g h his generous m ind led him instinctively to fav o u r such projects as these, his doing so w as ra th e r m a tte r o f instinct th an o f deliberate convic­ tio n . H e saw only their p h ila n th ro p ic side, a n d had not carefully w eighed th e political consequences o f their a d o p tio n . It is not im ­ p ro b a b le th a t o n e o r tw o sessions in th e H ouse o f C o m m o n s w ould have b ro u g h t a b o u t a con sid erab le m odification o f his views on these a n d o th e r leading questions o f th e tim es. In the E ast he had p u t m any o f his L iberal ideas into practice, a n d had a cquired the re p u ta tio n o f being a n ad v an c ed R efo rm er, b u t any enlightened T o ry w ould have found h im self in th e sam e position. T h e code o f political ethics a t C a lc u tta w as by no m eans identical w ith that which prevailed a t W estm inster. A line o f policy w hich w o u ld c o n ­ stitu te adv an ced L iberalism in an In d ian V iceroy m ight require a very different classification if th e venue w ere rem oved to E ngland, w here th e R eform Bill w as in o p e ratio n , a n d w here C hartism was by no m eans at its n a d ir. P o p u la rly , how ever. S ir C harles M etcalfe w as rightly reg ard e d as a L iberal, a n d alw ays honestly professed him self to b e su c h . W hy, th e n , did a h a rd -a n d -fa st C onservative G o v e rn m en t have recourse to him in such a contingency? H e had n o t so u g h t for e m p lo y m en t, a n d w as even averse to a ccepting any. H e w a s u n m a rr ie d , a n d h a d n o t th e u su a l in c e n tiv e s to a life o f

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ex ertio n . H e felt th a t he h a d d o n e his sh a re o f life’s w o rk , and h o p ed to sp en d th e rem a in d e r o f his days in retirem ent a n d ease. “ T h e choice o f an Indian statesm an o f rep u ted ability, but w ith ­ o u t any experience w hatever o f P arliam en tary G o v e rn m e n t, w as at least sin g u lar,” says S ir F rancis H incks, w ho is o f opin io n th at L o rd Stanley [the C o lo n ial Secretary] h a d form ed a determ ination to o v e rth ro w R esponsible G o v e rn m en t, a n d th a t he selected Sir C harles M etcalfe as th e m ost fitting agent for th e p u rp o se . T his, be it u n d e rsto o d , is m erely th e expression o f S ir F ran cis H incks’s indi­ vidual o p in io n , a n d n o t a sta te m en t o f ascertained historical fact. It m ust be ow ned, how ever, th a t th e p ro p o u n d e r o f th e theory argues it o u t w ith a g o o d deal o f plausibility, a n d th e circum stances a tte n d ­ a n t u p o n Sir C h arles M etcalfe’s a p p o in tm en t p ro v e clearly enough a t any ra te th a t there w ere m otives at w ork w hich w ere n o t then, an d have never since been, m ad e know n to th e w orld. O n th e 14th o f Jan u a ry , 1843, th e C olonial S ecretary w ro te to Sir C harles from D o w n in g S treet, asking if th e sta te o f his health w as such as to enable him to ta k e u p o n him self “ m o st h o n o u ra b le , but at th e sam e tim e very a rd u o u s duties in th e public service.” Such are th e precise w ords o f th e first official c o m m u n ica tio n from th e G o v e rn m en t to Sir C h arles on th e subject o f th e G o v e rn o rG en eralsh ip o f British N o rth A m erica. Personally, be it u n d e r­ sto o d , S ir C harles w as n o t k n o w n e ith e r to L o rd Stanley o r to any o th e r m em ber o f th e G o v e rn m en t. “ S hould y o u r answ er to this prelim inary inquiry be u n fo rtu n ately in th e n egative,” c o n tin u ed the m issive, “ I need n o t, o f co u rse, tro u b le you fu rth er; but in th e event o f y o u r e n te rta in in g no insuperable objection to again giving this d e p a rtm e n t th e a d v an tag e o f y o u r valuable services, I w ould beg y o u to favou r m e by calling here any day next week which may be m ost convenient to yourself, w hen I should be happy to e n te r upon a n u n re se rv e d c o m m u n ic a tio n w ith y o u u p o n th e s u b je c t.” Sir C h arles w as u nable to w ith stan d such an app eal. H e w ent up to L o n d o n a n d accepted th e a p p o in tm e n t, b u t, as his corresp o n d en ce show s, w ith m any a n d serious m isgivings. H e seem ed harassed by th e consciousness th a t he w as being sent on a “ fo rlo rn -h o p e ” expe­ dition. O n th e 19th o f th e m o n th he w rote th u s from M iv a rt’s H otel to C a p ta in H igginson, w ho a fterw ards becam e his private secretary: “ I have accepted th e G o v e rn m en t o f C a n a d a w ithout b e in g s u re th a t I h a v e d o n e rig h t. F o r I d o n o t se e m y w ay so clearly as I co u ld w ish. N eith er do I expect to do so before I reach m y d e stin a tio n .” T h ree days later he w ro te to a n o th e r c o rre sp o n d ­ e n t, M r. R . D . M a n g le s: “ I n e v er u n d e rto o k a n y th in g w ith so m uch reluctance, o r so little ho p e o f d oing g o o d , b u t I co u ld not bring m yself to say N o , w hen th e pro p o sal w as m ad e . . . I fear th at th e little rep u ta tio n th a t I have a cquired is m o re likely to be d a m ­ aged th a n im proved in the tro u b le d w aters o f C a n a d a . I know .

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from experience, th a t th e c h ie f em b a rrassm en t o f a c olonial G o v e r­ n o r is th e interference o f th e H o m e G o v e rn m en t. A t th e sam e tim e it is im possible to stipulate th a t they shall n o t c ontrol th e G o v e rn ­ m ent o f a co lo n y . 1 m ust urge w hat is right and resist w hat is w ro n g , a n d c o m e aw ay as so o n as 1 see th a t I can do no g o o d . If I do an y , I shall be agreeably su rp rise d .” T o L o rd M o n so n he w rote o n th e 10th o f F e b ru a ry : “ N e v er did a m an go so unw illingly to an y th in g by his ow n c onsent. G o in g , how ever, I a m ; a n d g ru m ­ bling is useless. If I succeed in reconciling, local dissensions, and pro m o tin g a tta c h m e n t betw een th e colony a n d th e m o th e r c o untry, I shall rejoice in h aving u n d e rta k en the charge. If I fail, w hich, from th e sta te o f th in g s, is m o re p ro b a b le , I m ust console m yself With the assurance th a t for th e rest o f m y days I shall be left u n d istu rb ed in th e retirem ent th a t I love.” T h e question arises: W h a t w as th e occasion o f these wailing jerem iads? A n d why did the C olonial S ecretary refer to th e duties to be u n d e rta k en as “ very a rd u o u s? ” U nless th e new G o v e rn o r was to be h a m p e red by secret in stru ctio n s - unless h e w as to be sent out to C a n a d a to in au g u ra te a new a n d an u n p o p u la r line o f p o lic y th e ad m in istratio n o f affairs in this co u n try did not seem to involve any insuperable difficulties. If Sir C harles B agot’s policy w as to be m aintained, a n d if R esponsible G o v e rn m en t w as to be c o n tin u ed as a reality, why sh o u ld Sir C h arles M etcalfe look forw ard w ith som e­ th in g ap p ro ac h in g to dread to th e duties before him ? W hy should he be alm ost hopeless o f being able to accom plish w h at w as re­ quired o f him ? W hy should he have d o u b ts as to w h eth er he had d o n e right in u n d e rta k in g such a task ? W h y sh o u ld he fear dam age to his re p u ta tio n ? T h ere w as no a p p are n t reason for any p articular solicitude. T h e U n io n w as fairly under w ay. R esponsible G o v e rn ­ m ent h a d been c onceded, a n d w as established. T he new ly-form ed A d m in istratio n w as so stro n g th a t it could alm ost affo rd to despise th e feebleness o f th e O p p o sitio n . It seem ed as tho u g h Sir C h arles’s duties, instead o f being “ a rd u o u s,” w ould be m uch less so th a n had been those o f his tw o predecessors. Sir F ran cis H incks is o f opinion th a t S ir C h arles’s language is inexplicable on any o th e r assum ption th an th a t th e a rd u o u s duty required o f him w as to o v e rth ro w R e­ sponsible G o v e rn m e n t. It seem s tolerably certain , at any rate, that Sir C h arles c am e o v er to C a n a d a ch arg ed w ith som e task which b ad e fair to involve him in c o n troversy, a n d th e n a tu re o f which does n o t a p p e a r from th e pub lic despatches. It is alw ays p re su m p ­ tu o u s to d ogm atize w here all th e facts are n o t certainly k n o w n ; but it seem s not im p ro b a b le th a t L ord Stanley h a d conceived th e idea o f reversing, o r at any ra te m odifying, Sir C harles B a g o t's policy, a n d th a t h e h a d chosen Sir C harles M etcalfe as his agent because th e latter's devo tio n to th e C ro w n w as u n d o u b te d , a n d because his re p u ta tio n w as such as to inspire respect for th e G o v e rn m en t o f

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w hich he w as th e em issary. M o re th an this, in th e absence o f a d d itio n al facts, c a n n o t wisely be averred. Sir C harles M etcalfe, th e n , accepted L ord S tanley’s p roposal. O n th e 27th o f F e b ru a ry he w as entertain ed a t a splendid banquet given in his h o n o u r by th e C olonial Society at th e C olonial C lub, St. J a m e s’s S quare. Several days a fterw ards he dined at B ucking­ h a m Palace with H e r M ajesty a n d the Prince C o n so rt. O n th e 4th o f M a rch , acco m p an ied by his suite, he sailed from Liverpool for B oston in the C u n a rd steam ship C olum bia. T h e vessel to u ch ed at H alifax on th e 18th, a n d S ir C harles spent several h o u rs on shore there as th e guest o f L ord F a lk la n d , the L ie u ten a n t-G o v ern o r. He reached B oston on th e 20th, and d u rin g his tw o d a y s’ stay there received m any civilities from persons in a u th o rity . O n th e 22nd he set o u t on his overlan d jo u rn e y to K ingston, by w ay o f A lbany, Schenectady a n d U tica. F ro m U tica to K ingston th e jo u rn e y was m ade in sleighs, in w hich conveyances the p arty crossed over th e St. L aw rence a n d L ake O n ta rio on th e ice. “ both being frozen over, an d covered w ith snow , like th e rest o f th e c o u n try .” H e reached his destination on th e aftern o o n o f the 29th, w hen he found the tro o p s a n d a large cro w d o f people w aiting to receive him with the h o n o u rs due to his position. A long procession, chiefly m ade up o f the m em bers o f th e national societies, various fire com p an ies, and o th e r local institutions, met him at th e e n tra n ce to th e to w n . He w as escorted to his residence by a d etachm ent o f th e In c o rp o ra ted L ancers a n d a g u a rd o f h o n o u r o f th e 23rd regim ent. H e to o k up his q u a rte rs in a new a n d previously u n ten a n ted private h o u se hired fo r th e occasion, begging Sir C h arles a n d L ady M ary Bagot to c o n tin u e their o c cu p a tio n o f G o v e rn m en t H ouse until their d e p a r­ tu re for E n g la n d - th e possibility o f th e invalid’s being able to cross th e A tlantic n o t yet having been wholly a b a n d o n e d . O n th e 30th he w as sw orn into office, a n d issued a p ro c la m a tio n a n n o u n cin g th a t he had entered u p o n his duties as G o v e rn o r-G e n era l.

C hapter 11

W hat Is To Become of The Governor-General? In e ntering u p o n th e m o m e n to u s struggle betw een Sir C h arles M et­ calfe a n d th e L afo n tain e-B ald w in M inistry, it is to be prem ised th at no fair a n d im p artial a cc o u n t o f th a t struggle h a s ever been given to th e w orld. T h e literatu re o f th e subject is very e x te n s iv e - s o exten­ sive th a t even th e m o st in d u strio u s stu d e n t m ust m ake up his m ind to d evote m any m o n th s to th e th em e ere h e can boast o f having m ad e him self a th o ro u g h m aste r o f it. T h e official d espatches be­ tw een Sir C h arles M etcalfe a n d th e H o m e O ffice are a m o n g the m o st im p o r ta n t d o c u m e n ts re q u irin g a tte n tio n . T h e P ro v in c ia l new spapers o f th e tim e are alm o st entirely engrossed by th e stru g ­ gle. E ver since, w henever a c o n stitu tio n a l question h aving th e slight­ est conceivable b earin g on R esponsible G o v e rn m en t has arisen in C a n a d a , th e p recedent o f S ir C h arles M etcalfe a n d his M inistry has been p u t fo rw ard w ith m o re o r less appositeness, and w ith m ore or less know ledge o f th e essential n a tu re o f th e d is p u te .. . . T h a t R esponsible G o v e rn m e n t - how ever m uch o r how ever lit­ tle w as involved in th a t principle - h a d been conceded, w as a m atter no longer op en to dispute. W h eth er G o v e rn o r Sim coe h a d any such th in g in his m in d w hen h e rem a rk ed th a t th e Province o f U pper C a n a d a w as blest, “ n o t w ith a m utilated c o n stitu tio n , b u t w ith a co n stitu tio n w hich has sto o d th e test o f experience, a n d is th e very im age a n d tran scrip t o f th a t o f G re a t B ritain,” m ay p erhaps be d o u b te d . M r. [Jo h n M ercier] M a c M u lle n , in a n o te to his [H isto ry o f C anada], ventures th e re m a rk th a t the G o v e rn o r evidently forgot th e irresponsible E xecutive o f C a n a d a w hen h e indulged in such a nourish o f tru m p e ts. But L o rd Jo h n R ussell’s instructions to M r. T h o m s o n , a fterw ards L o rd S ydenham (em braced in various des­ patches), L o rd S y d en h am ’s ow n adm issions, a n d th o se o f his A t­ to rn ey -G e n e ral, M r. D ra p e r, a n d m o re especially th e resolutions

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a d o p te d by th e A ssem bly o n th e 3rd o f S eptem ber, 1841 - q u o ted in a fo rm er c h a p te r o f this w o r k - h a d a t least established beyond q uestion th a t R esponsible G o v e rn m en t w as to be regarded as th e law o f th e lan d . T h is fact w as repeatedly a d m itte d by S ir C harles M etcalfe him self, b o th before a n d after his arrival in C a n a d a . T he precise m eaning to be a tta ch e d to th e term “ R esponsible G o v e rn ­ m e n t,” h o w e v e r - h o w m uch it em b o d ie d , a n d how m uch w as ex­ cluded - w as n o t so clear as to re n d er m isapprehension im possible. T h e responsibility involved w as th e responsibility o f th e Executive C ouncil to th e will o f th e p eople, as expressed by a m ajority in th e Legislative A ssem bly. W here did ths responsibility end? It could scarcely be c o n te n d ed th a t it w as illim itable? T h e highest C an ad ian a u th o rity [A lpheus T o d d ] a d m its th a t “ th e system itself w as im p er­ fectly u n d e rsto o d , a n d m istakes w ere m ad e o n all sides, in the ap p licatio n o f this h ith e rto u n trie d experim ent in colonial go v ern ­ m ent to th e p ractical ad m in istratio n o f local a ffairs.” A calm and d ispassionate review o f all th e circum stances m u st lead an inquirer o f th e present day to th e conclusion th a t Sir C h arles M etcalfe was w ro n g in his in te rp reta tio n o f th e principle. B ut it is at least equally evident th a t he w as n o t cu lp a b ly w ro n g ; th a t h e w as n o t, as was ch arg ed upon h im , a wilful a n d stu b b o rn ty ra n t; th a t h e honestly en d eav o u red to carry o u t th e instructions w hich h a d been im posed up o n h im ; th a t his failure to satisfy p o p u la r o p in io n in this co u n try a ro se from his inability to u n d e rsta n d th e refinem ents o f w h at to him w as a new a n d u ntried sy stem ; and th a t w hatever blam e a t­ taches to his c o n d u ct sh o u ld rest u p o n th e shoulders o f th e Im perial G o v e rn m e n t th a t sent him to fulfil a task for w hich he w as intellec­ tually a n d by previous train in g unfitted. Sir C harles M etcalfe, d u r­ ing his C a n ad ian A d m in istra tio n , w as m erely a glaring instance o f th e ro u n d peg in th e sq u a re h o l e . . . . T h e sh a d o w o f th e future began to fall across his p a th w ay ere he h a d been m any weeks in th e Province. It has been seen th a t during his residence in E n g lan d he h a d n o t form ally allied h im self with either o f th e tw o political parties in th e c o u n try . H e professed him self, a n d w ith perfect tru th fu ln ess and g o o d faith, to be op p o sed to p artisan sh ip . D u rin g his ten u re o f office in Ja m aica he had successfully a pplied h im self to o b lite ratin g o r softening th e p arty lines in vogue th ere. U p o n his arrival in C a n a d a he for th e first tim e saw th e fire o f p a rtisa n sh ip actively aflam e. B oth parties were bent on conciliating th e new G o v e rn o r, a n d b o th deluged him with a d ­ dresses conceived in th e m o st o p p o site spirit. M any o f these a d ­ d resses w ere m ere e x p o sitio n s o f a n u ltra p a rty p la tf o r m . “ T h e curse o f fa ctio n ,” says [Sir J. W . K aye], “ ap p ea red before him so sw ollen a n d ex aggerated th a t h e w o ndered th e evils with w hich he h a d c o n ten d ed du rin g his fo rm er G o v e rn m en t had ever disquieted him at a ll.” H e fo u n d th e C onservative p a rty , w’hich h a d sto o d

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loyally by th e C ro w n d u rin g th e tro u b les o f 1837-’38, a n d w hich em braced a large m ajority o f th e w ealthy a n d e d u cated people o f th e c o u n try , in O p p o sitio n . T h e R eform p arty he found strongly e ntrenched in pow er. In an official despatch penned w ithin a m onth a fter h e assum ed th e G o v e rn m en t he truthfully referred to this party as including in its ra n k s “ som e w ho actually w ent into rebellion, som e w ho sto o d a lo o f on th a t occasion w ith o u t tak in g any active p art in defence o f th e G o v e rn m en t, a n d som e w h o , a lthough acting w ith th e R eform p arty before th e rebellion, p erfo rm ed their d u ty as loyal subjects w hen th a t occasion a ro se .” H e fo u n d representatives o f th e tw o classes last nam ed hold in g high office in the M inistry. As for th e F rench C a n a d ia n s, he fo u n d them m uch m ollified by the concessions m ad e to them by his predecessor, but w ith political views purely F ren ch C a n a d ia n , directed to th e m aintenance and extension o f th eir ow n pow er, a n d resenting all a tte m p ts at Anglific atio n . By coalition with th e R eform ers o f U p p e r C a n a d a , the F rench C a n a d ia n s enjoyed a sh a re o f pow er. T h e only p a rty which exercised no po w er w as th e p arty upon w h o m , as he rem arked, “ th e m o th e r c o u n try m ight confidently rely in th e h o u r o f n e ed ” nam ely, th e C onservatives. H e n atu rally felt his ow n sym pathies go o u t to th e m em bers o f th at p a rty , a n d dep recated th eir exclusion from pow er. H e seem s at this tim e, how ever, to have fully realized his position w ith respect to th e m . R eferring to th e existing sta te o f things, h e inform ed th e C olonial S ecretary th a t he saw no rem edy, “ w ith o u t setting at defiance th e o p e ratio n o f R esponsible A d m in is­ tratio n w hich has been in tro d u ced into this co lo n y , to an extent u n k n o w n , I believe, in any o t h e r . . . . F ettered as I a m ,” h e c o n tin ­ ued, “ by th e necessity o f acting w ith a C ouncil b ro u g h t into place by a coalition o f p arties, a n d a t present in possession o f a decided m ajority in th e R epresentative A ssem bly, I m u st in som e degree forego m y ow n inclin atio n s.” H e feared lest th e excluded party m ight identify him w ith th e C ou n cil, a n d thereby becom e incensed against him personally, but c o n g ratu la ted h im self upon th e fact th a t, so far, o p p o sitio n to th e C ouncil w as not identical w ith o p p o ­ sition to th e G o v e rn o r o r to th e H o m e G o v e rn m en t. M eanw hile he a d o p te d a policy o f g reat co n ciliation to w a rd s th e O p p o sitio n , and seem s to have been alm ost im p ru d en tly frank in his public expres­ sions o f good-w ill in certain individual c a s e s .. . . H e w as com pelled to govern C a n a d a by a p a rty , a n d by a party w ith w hich he h a d n o sy m p a th y . N ow , it is tru e th a t a m an o f w arm h e art a n d stro n g o p in io n s c an n o t avoid having sym pathies, b u t a m an placed in th e position o f G o v e rn o r o f a colony w here representative in stitu tio n s prevail, should b e ar in m ind th a t th e p e o ­ ple also have th eir sym pathies, as m anifested in th eir choice o f their representatives in P arliam en t. H e sho u ld rem em b er th a t he occupies a public position, a n d th a t it is his duty to su b o rd in a te his personal

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likings a n d predilections to those o f th e m ajority. T o c o n te n d for any o th e r view w ould be to a d v o cate th e m ost p ro n o u n c ed a b so lu t­ ism ; a n d it is here th a t Sir C h a rle s’s Indian train in g first asserts itself. T h e sym pathies o f a large m ajority o f C a n ad ian s h a d been m anifested by their retu rn o f m em bers w ho h a d san ctio n ed the advent to po w er o f th o se very persons w ith w hom th e G o v e rn o r h a d no sy m p a th y , a n d with w hom it was th erefo re inevitable th a t he should so o n e r o r la te r com e into collision. T hey h a d once been excluded from pow er them selves, a n d h a d never till lately tasted the sw eets o f office. T hey had o n c e been legitim ate objects o f th e sy m ­ p ath y o f all g o o d m en w ho h a d any sy m p ath y to spare, a n d were surely entitled to all th e g o o d things w hich th e U nion h a d b rought them . D ifferences betw een the G o v e rn o r a n d so m e o f his C ouncillors differences so slight a t first as scarcely to be perceptible, but still differences - began to m anifest them selves before the form er had been m any weeks in th e c o u n try . H e conceived th a t his M inisters w ere unnecessarily b ru sq u e a n d uncerem onious in their intercourse w ith him . T his he co u ld have b o rn e, so far as he w as personally co n cern ed , but he co u ld not e n d u re th a t his high office sho u ld lose any o f its dignity w hile it w as in his keeping. O n the o th e r h a n d , his M inisters were no children. T hey were m en, a n d , for th e m ost p a rt, m en o f stro n g individuality. Som e o f them w ere p ro b ab ly n o t easy to m anage. T hey had fought a long a n d h a rd battle for th e right, a gainst trem en d o u s o d d s. T hey h a d w on, a n d they fully appreciated th e im p o rtan ce o f their victory. U n d e r such circum stances it was only n a tu ra l th a t they should not be in th e least disposed to yield anyth in g th a t o f right belonged to them . T h e system o f irresponsi­ bility against w hich they had so lo n g c ontended in vain h a d been a ru d e training-school. It is easy to conceive th a t they m ay have been less d iplom atic in their relations w ith th e G o v e rn o r th ao .m e n o f less sincerity a n d earnestness, m en w ho had been less sorely tried, w ould have proved. W hen th e G o v e rn o r suggested som eth in g w hich was opp o sed to th e policy they had o utlined for them selves, it is quite p ro b a b le th a t they signified their disapproval w ith o u t unnecessary circu m lo cu tio n . T hey very keenly felt any, even th e slightest, a t­ tem p t a t infringem ent upon w h at they considered their privileges. T hey claim ed an a b so lu te right to be c o n su lted as to all a p p o in t­ m ents to office. T hey did not relish S ir C h a rle s’s a p p a re n t desire to c o n c ilia te th e O p p o s itio n , a n d liste n e d w ith im p a tie n c e to any suggestions, w h eth er em a n atin g from th e G o v e rn o r h im self o r from any o f his satellites, poin tin g to th e filling o f any vacant offices from th e C onservative ran k s. T h a t this feeling sh o u ld be en te rta in ed by them w as a necessary consequence o f their p o sitio n ; a lm o st, indeed, a necessary consequence o f G o v e rn m e n t by p a rty . But G o v e rn m en t by p arty h a d been established in C a n a d a , a n d , m uch as th e G o v e r­

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n o r w as o p p o se d to p a rty go v ern m en t, h e w as w ise e n ough to perceive th a t no o th e r system w as practicable u n d e r th e then-existing o rd e r o f things. H e again a n d again declared his full a n d free acceptance o f th e d o ctrin e o f R esponsible G o v e rn m en t. W hile a d ­ m itting so m uch, how ever, h e w as jealous for his prerogative as the representative o f th e C ro w n , and w as disposed to claim at least a share o f th e G o v e rn m e n t p a tro n a g e. D uring th e first w eek in M ay an episode o ccu rre d w hich, u n ­ know n to th e M inistry, tended not a little to stim ulate this jealousy on the p a rt o f th e G o v e rn o r. M r. L afo n tain e dined w ith his Excel­ lency at the la tte r’s lodgings in K ing S treet, w here he still rem ained, ow ing to Sir C h arles B agot’s c ontinued o ccupancy o f A lw ington H ouse. A t tab le M r. L afo n tain e sa t next to C a p ta in H igginson, the G o v e r n o r ’s p riv a te s e c re ta ry . D u rin g d in n e r th e c o n v e rsa tio n tu rn e d upon th e office o f P rovincial A id e-d e-cam p for L ow er C a n ­ a d a, w hich h a d been for so m e tim e v a ca n t. A m o n g th e candidates m entioned either by C a p ta in H igginson o r by Sir C h arles M etcalfe him self w as a g entlem an o f w h o m M r. L afontaine, for political reasons, did n o t a p p ro v e. T h is gentlem an w as M r. D eS alaberry, son o f th e hero o f C h a te au g u a y . M r. L afo n tain e rem a rk ed to C a p ­ tain H igginson th a t such an a p p o in tm en t w ould not be regarded with favour in L ow er C a n a d a . In th e course o f c onversation C a p ­ tain H igginson expressed a desire to talk over th e political sta te o f th e c o u n try at som e length w ith o n e so co m p e ten t to afford infor­ m atio n on th e subject as M r. L afontaine, a n d a n a p p o in tm en t was m ad e for the next day at n o o n , at M r. L afo n tain e ’s office. C aptain H igginson called at th e tim e a n d place fixed u p o n , a n d th e tw o gentlem en, w ho h a d th e office all to them selves, conversed together for nearly three h o u rs. T h e respective acco u n ts subsequently given by them o f th e co n v ersatio n d o n o t agree in all p articulars. It is only reaso nable to infer th a t som e p a rt at least o f th e discrepancy arose from m isapprehension o f M r. L afo n tain e ’s m eaning on the part o f the secretary. T h e p u rp o rt o f th e discussion seem s to have been su bstantially as co n ta in ed in th e follow ing p a ra g ra p h . C aptain H igginson, it is to be p resum ed, m ay fairly be taken to have been th e G o v e rn o r’s m o u th p iece o n th e occasion, a n d as th e conversa­ tion em bodies th e clearest a cc o u n t to be fo u n d anyw here o f the vario u s points u p o n w hich th e G o v e rn o r a n d his M inisters soon afterw ards fo u n d them selves a t variance, it is con sid ered desirable to detail it at som e length. T h e A tto rn ey -G e n e ral w as asked by C a p ta in H igginson to ex­ plain to him w hat w as m ean t by th e p h rase “ R esponsible G o v e rn ­ m e n t." In com pliance w ith th e request M r. L afo n tain e delivered his views on th a t im p o rta n t subject, explaining th a t th e C ouncillors w ere responsible for all th e acts o f G o v e rn m en t with regard to local m atte rs; th at they w ere so held by th e m em bers o f th e L egislature;

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th a t they could only retain office so long as they possessed the confidence o f th e representatives o f th e p eople; and th a t w henever this confidence sh o u ld be w ith d raw n from th e m , they m ust retire from th e A d m in istra tio n . “ T hese principles,” add ed M r. L afo n ­ taine, “ w ere recognized by th e resolutions o f th e 3rd o f Septem ber, 1841, a n d it w as on th e faith o f these principles being carried out th a t I accepted office.” H e fu rth er inform ed C a p ta in H igginson th a t inasm uch as th e responsibility o f the m em bers o f th e A d m in is­ tratio n extended to all the acts o f th e G o v e rn m en t in local m atters, including a p p o in tm en ts to office, consu ltatio n o f th e M inisters by th e G o v e rn o r in all th o se cases w as necessary. T h e G o v e rn o r, it was a d m itted , w as n o t obliged to a d o p t the advice ten d ered to him , but, o n th e c o n tra ry , h a d a right to reject it; but in this la tte r case if the M em bers o f C ouncil did not ch o o se to assum e th e responsibility o f th e act th a t th e G o v e rn o r w ished to perform c o n tra ry to their advice, they h a d th e m eans o f relieving them selves from it by exer­ cising th eir po w er o f resignation. T h e secretary c o m b a te d this view, observing th a t it did n o t a p p e a r to him th a t this w as th e sense o f the re s o lu tio n s o f 1841. H e u rg e d t h a t th e G o v e r n o r , b e in g re s p o n s ­ ib le to th e Im p e ria l a u th o ritie s fo r th e a c ts o f his G o v e rn m e n t, o u g h t h im self to b e ar th e responsibility o f th o se acts in local m a t­ ters, a n d th a t he co u ld not relieve h im self from it by th ro w in g it upon his C o u n cillo rs; th a t this responsibility could n o t be u n d e r­ sto o d as M r. L afo n tain e u n d e rsto o d i t - “ fo r,” said C a p ta in H ig­ ginson, “ it m ust then be considered th a t th e act is not th e act o f the G o v e rn o r, and in th a t case it w ould not be ju st th at th e Im perial G o v e rn m en t should hold him responsible for it; but as th e act is the act o f th e G o v e rn o r, a n d as th e Im perial G o v e rn m en t hold him responsible for it, it w ould be equally unjust th a t he sho u ld th ro w th e responsibility on his C o u n c illo rs.” C a p ta in H igginson added th a t for this reason it a p p ea red to him th a t th e G o v e rn o r m u st be free to act with o r w ith o u t th e advice o f his C o u n cillo rs; adm itting, nevertheless, th a t it w as desirable th a t he sh o u ld ta k e th eir advice in th e generality o f cases; th a t fo r his (C a p ta in H igginson’s) ow n part, he did n o t see th e possibility o f p u ttin g th e resolutions o f 1841 in p ractice as explained by M r. L afontaine, unless th e Im perial G o v ­ e rn m en t should expressly relieve th e G o v e rn o r from all responsibili­ ty as to local m atters. Even in th a t case, it w as urged, there w ould still be th e o b jection th a t th e G o v e rn o r w ould be reduced to a cipher, a n d th a t such a system w ould m ak e th e colony an in d ep e n d ­ ent sta te . T h e C a p ta in a d d ed th a t even sup p o sin g th e resolutions o f 1841 co u ld be interp reted in th e sense given to them by M r. L afo n ­ tain e , h e did n o t th in k th at this w ould include th e exercise o f p a ­ tro n a g e , a n d th a t he did n o t see why th e representatives o f the p e o p le s h o u ld h o ld th e C o u n c illo rs re sp o n sib le fo r it; th a t he looked on the d istribution o f offices as a prerogative o f th e C row n

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th a t th e G o v e rn o r m ust exercise on his ow n responsibility, not h aving to render any account o f it except to th e Im perial G o v e rn ­ m ent. In answ er to a q uestion p u t by M r. L afo n tain e, C a p ta in H igginson stated th a t, in his o p in io n , th e sense o f th e resolutions o f 1841 w as th a t th e G o v e rn o r sh o u ld ch o o se his C ouncillors from a m o n g those su p p o sed to have th e confidence o f th e p eople; th a t it w as desirable th a t th o se p ersons, o r th e m ajority o f th e m , should have seats in th e L egislature, to explain there th e views a n d th e m easures o f th e G o v e rn m e n t; th a t if it h a p p en e d th a t o n e o f them sh o u ld cease to possess th e confidence o f th e representatives o f the people, it w ould be th e d u ty o f th e G o v e rn o r to replace him by a n o th e r m o re likely to gain th a t confidence, in o rd e r to m aintain h a rm o n y , as far as possible, betw een th e different branches o f the L egislature; th a t each m em ber o f th e A d m in istratio n o u g h t to be responsible only for th e acts o f his ow n d e p artm e n t, a n d conse­ quently th a t he o u g h t to have th e liberty o f v oting w ith o r against his colleagues w henever he ju d g e d fit; th a t by this m eans an A d m in ­ istratio n com p o sed o f th e principal m em bers o f each political p arty m ight exist a dvantageously for all p arties, a n d w ould furnish th e G o v e rn o r th e m eans o f b e tte r u n d erstan d in g th e views a n d the o p in io n s o f each p a rty , a n d w o u ld not fail, u n d e r th e auspices o f th e G o v e rn o r, to lead to th e reconciliation o f all. M r. L afontaine then inform ed th e secretary th a t if th e o p in io n s w hich he h a d ju st expressed w ere those o f th e G o v e rn o r-G e n e ra l, a n d if his E xcellen­ cy w as d eterm ined to m ake them th e rule for co n d u ctin g his G o v ­ ern m e n t, the so o n e r h e m ad e th o se facts know n to th e m em bers o f his C ouncil th e better, in o rd e r to avoid all m isu n d erstan d in g b e ­ tw een th e m ; a n d he a d d ed th a t in such case he, for o n e, w ould feel it his d u ty to ten d e r his resignation, convinced as h e w as th a t such a system w as in o p p o sitio n to th e principles recognized by th e resolu­ tio n s o f 1841, a n d th a t th e difference betw een it a n d th e old system th a t h a d form erly prevailed in U p p e r a n d L ow er C a n a d a w as so trifling as to be scarcely perceptible. T h e secretary replied th a t in speaking thus, he m u st not be considered as expressing th e opinions o f th e G o v e rn o r-G e n e ra l, b u t m erely his ow n individual views, and th a t he w as not ch arg ed by his Excellency to h o ld any conversation on th e subject w ith M r. L afontaine. A s to th e next p a rt o f th e c onversation th ere is a conflict b e­ tw een th e parties. C a p ta in H ig g in so n ’s a cc o u n t, as published in the T o ro n to C o lo n ist, charges M r. L afo n tain e w ith language to the follow ing effect: “ T h e a tte m p t to carry on th e G o v e rn m en t on principles o f conciliation m ust fail. R esponsible G o v e rn m e n t has been c onceded, a n d w hen w e lose o u r m ajority w e are p re p are d to retire. T o stren g th en us, we m ust have th e e n tire confidence o f the G o v e rn o r exhibited m ost unequivocally, a n d also his p a tro n a g e, to be bestow ed exclusively on o u r political ad h ere n ts. W e feel th a t his

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Excellency has kept a lo o f from us. T h e O p p o sitio n p ro n o u n c e th a t his sentim ents a re w ith th em . T h ere m ust b e so m e act o f his, som e public declaratio n in favour o f R esponsible G o v e rn m e n t, a n d o f confidence in his C a b in e t, to convince them o f th eir e rro r. A decla­ ratio n o f th e G o v e rn o r to th a t effect w ould p u t a sto p to political ag itatio n , w hich th e O ppo sitio n keep up as lo n g as they have the slightest hopes o f office. Let them know th a t th e gam e is u p , a n d all will go right, a n d m an y com e ro u n d . T h e differences in religion in U p p e r C a n a d a will alw ays p revent a m a lg am atio n . Y ou m u st first m ake them all o f th e sam e religion, like ourselves in L ow er C a n a ­ d a .” M r. L afontaine, on th e o th e r h a n d , denied h aving used such language, a n d claim s to have said , in reply to C a p ta in H igginson’s suggestion o f conciliatory m easures to w ard s th e C onservatives, th at such m easures w ould not succeed; th a t th e best m eans o f concilia­ tion w as frankly to give effect to th e resolutions o f 1841, a n d to c o n d u ct the G o v e rn m en t w ith th e assistance o f a C ouncil whose m em bers sh o u ld have views in c o m m o n b o th w ith regard to legisla­ tion a n d a d m in istratio n , a n d w ho should possess th e confidence o f th e representatives o f th e people a n d o f th e G o v e rn o r. T h ere u p o n , as M r. L afo n tain e alleges, allusion w as m ade to th e ru m o u r then very currently re p o rte d th a t th e m em bers o f th e A d m in istra tio n did n o t enjoy th e confidence o f his Excellency; a n d M r. L afontaine re m a rk e d to C a p ta in H ig g in so n th a t if a n y fa ct c a m e to th e ir know ledge o f such a n a tu re as to convince them th at they h a d not such confidence they w ould not allow a day to pass w ith o u t ten d e r­ ing th eir resignation. C a p ta in H igginson assured him th a t there was no fo u n d a tio n fo r th e ru m o u r. “ T h e C o u n c illo r,” says M r. L afo n ­ tain e , w riting o f him self in th e th ird person, “ never said at any tim e, o r in any place, m uch less to C a p ta in H igginson, th a t th e p a tro n ag e o f th e G o v e rn o r o u g h t to be e x c lu siv e ly exercised in favour o f the p artisan s o f th e M inistry. T h e C o u n cillo r has never professed such a d o c trin e; but th e C o u n cillo r answ ered a question th u s put by C a p ta in H igginson, th a t, as a general rule, w hen tw o candidates offered with equal q ualifications, th e one not o p p o se d to th e A d ­ m inistration sh o u ld have th e preference; th a t w ere a c o n tra ry rule to prevail - if, in th e d istrib u tio n o f offices, th e G o v e rn o r w ere to let it be seen th at o p p o sitio n to the m em bers o f his A d m in istra tio n was a title to his fa v o u r - he w o u ld be w an tin g in w hat w as d u e to him self, as well as to his C o u n cillo rs; th a t so long as he retained them in his C ouncil he w as su p p o sed to give them his confidence, a n d th a t he o u g h t to d o n o th in g w hich w o u ld have th e effect o f destroying the influence o f his A d m in istra tio n , b u t, on th e c o n tra ry , sh o u ld stre n g th e n th a t in flu e n c e by every le g itim a te m e a n s in his p o w e r.” M r. L afo n tain e a d d ed th a t he and his colleagues h a d a right to expect th a t his Excellency w ould th u s act to w ard s th em ;

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th a t otherw ise it w ould be infinitely b e tte r for his Excellency to relieve them from their duties a n d a p p o in t their successors; th a t as for ap p o in tm en ts to office h e could appeal to th e past to prove th a t th ere h a d been n o th in g exclusive a b o u t th em ; th a t as the love o f place ap p eared to be the influencing m otive with a considerable n u m b er in their o p p o sitio n to th e G o v e rn m en t, he w as convinced th a t th e political agitation w hich w as th e consequence o f it w ould dim inish m uch in its force so so o n as these individuals sh o u ld see th a t such o p position h a d ceased to be a title to e m p lo y m en t; th at th e o p position w ould then b ecom e m o re h o n o u ra b le a n d c o n stitu ­ tio n a l, for it w ould b e ar on th e principles o f legislation and a d m in ­ istration according to English practice. C a p ta in H igginson called th e atte n tio n o f M r. L afo n tain e to th e fact th at there existed m ore divisions a m o n g th e p o p u latio n o f U p p er C a n a d a th an a m o n g th at o f L ow er C a n a d a , a n d begged o f him to explain th e cause o f it. M r. L afo n tain e said th a t it ap p ea red to him th a t in U p p er C a n a d a there existed a p ro fo u n d h a tre d betw een th e p a rty called T o ry a n d th at called R efo rm ; th a t th e G o v e rn m en t p rio r to th e U n io n having alw ays been in th e h a n d s o f th e first o f these tw o parties, this hatred ap p ea red to have been created by its b a d a d m in istratio n , w hich after all had been th e effect o f th e then bad system o f C olonial G o v e rn m e n t; th a t in U p p e r C a n a d a there existed a g reat n u m b er o f re lig io u s d e n o m in a tio n s m o re o r less n u m e ro u s , a n d th a t, m o re ­ over, th e p o p u latio n w as in a g reat p a rt c o m p o sed o fp e o p le . natives o f d iffe re n t c o u n trie s - viz.: n a tiv e C a n a d ia n s , E n g lish , S c o ttish , Irish, A m ericans, D u t c h - t h a t all this m ight serve to a cc o u n t for th e divisions which prevailed in U p p er C a n a d a ; while in Lower C a n a d a the p o p u latio n w as m ore h o m ogeneous, consisting princi­ pally o f F rench C a n ad ian s, and a very g reat m ajority professing the sam e religion. R eligious differences, M r. L afo n tain e alleged, were scarcely know n in th e L ow er Province, a n d as for past political divisions they a ro se from th e circum stance th a t a sm all nu m b er o f individuals a n d o f fam ilies, principally o f th e cities o f Q uebec and M o n tre al, had been rendered m asters o f the G o v e rn m en t a n d the G o v e rn o rs, a n d alto g eth er engrossed it. a n d c o n d u cted it according to their ow n w him s, to th e prejudice o f th e m ass o f the populatio n , English as well as F re n c h . T h e U n io n , M r. L afo n tain e a d d e d , had caused the leaders o f th e T o ry p a rty o f L ow er C a n a d a to disappear from the H ouse, a n d all this w'ould help to explain th e reason why th e divisions w hich prevailed in U p p e r C a n a d a did not exist in L ow er C a n ad a . S uch, as rep o rted by th e tw o gentlem en w ho to o k p a rt in it, is th e su b stan ce o f th e principal points o f th e c onversation w hich took place, a t th e request o f C a p ta in H igginson, betw een him a n d M r. L afontaine. A s a m a tte r o f co u rse th e form er lost no tim e in re p o rt­ ing th e w hole to Sir C h arles M etcalfe, w ho to o k th e m a tte r very

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seriously to h e a rt, for he knew th a t M r. L afo n tain e ’s defection w ould involve th e defection at least o f M r. Baldw in a n d M r. M o r­ in, a n d th a t th e inevitable result w o u ld be a general break up o f the A d m in istra tio n . T o yield all th a t w as d e m a n d ed o f h im , how ever, seem ed utterly o u t o f th e q uestion. W hat then w ould becom e o f the G o v e rn o r-G e n e ra l? T h e idea th a t if he yielded to pressure he w ould becom e " a m ere c ip h e r” w as gall a n d w o rm w o o d to him . Y et the G o v e rn o r did full ju stice to M r. L afo n tain e ’s m otives, a n d did not a tte m p t, as Sir F ran cis H ead w ould have do n e u n d e r sim ilar c ir­ cum stances, to im pugn his personal c h ara cte r. A fter p o n d e rin g the m a tte r for a w eek he w rote to L o rd Stanley as follow s: “ I learn that m y a tte m p ts to conciliate all parties are crim inal in th e eyes o f the C ouncil, o r at least o f th e m ost form idable m em b er o f it. I am required to give m yself up entirely to the C o u n c il; to su b m it a b so ­ lutely to their d ic ta tio n ; to have no ju d g m e n t o f m y o w n ; to bestow the p a tro n ag e o f th e G o v e rn m en t exclusively on their p a rtisa n s; to proscribe their o p p o n e n ts ; a n d to m ake som e public a n d un eq u iv o ­ cal d eclaration o f m y a dhesion to those c o n d itio n s -in c lu d in g the com plete nullification o f H er M ajesty’s G o v e r n m e n t.. . . Failing o f subm ission to th o se stip u latio n s, I am th rea te n e d with th e resigna­ tion o f M r. L afo n tain e for o n e, a n d b o th he a n d I are fully aw are o f th e serious consequences likely to follow th e execution o f that m enace, from th e blindness w ith w hich th e F ren ch C a n ad ian party follow their leader. . . . I have no intention o f tearin g u p her M ajes­ ty ’s com m ission by su b m ittin g to th e prescribed c o n d itio n s .. . . T he sole question is, to describe it w ith o u t disguise, w h eth er the G o v e r­ n o r shall be solely a n d com pletely a tool in th e h an d s o f th e C o u n ­ cil, o r w h eth er he shall have any exercise o f his ow n ju d g m e n t in the ad m in istratio n o f th e G o v e rn m en t? Such a question has not com e forw ard as a m atter o f discussion; but th ere is n o d o u b t th a t the leader o f the F rench party sp eak s the sentim ents o f o th ers o f his C ouncil besides h i m s e l f .. . A s I can n o t possibly a d o p t th em , I m ust be p re p are d for th e consequences o f a ru p tu re with the C o u n ­ cil, o r at least th e m ost influential p o rtio n o f it” . . . . T h ere seem s to be tolerably g o o d reason for believing th a t the G o v e rn o r, even at this early p eriod o f his A d m in istra tio n , did not on all occasions act with perfect openness a n d g o o d faith tow ards his C ouncillors. H e felt satisfied th a t the A tto rn ey -G e n e ral E ast, in the c onversation with C a p ta in H igginson, h a d n o t been talk in g at ra n d o m , but h a d given u tte ran c e to th e deliberate convictions o f him self a n d his colleagues. T h at those convictions w ould be acted u p o n , should occasion arise, the G o v e rn o r co u ld not d o u b t, a n d he was h a u n te d by th e consciousness o f co m in g strife. H e believed the position taken by his M inisters to be w holly untenable, so far at any rate, as th e q uestion o f p a tro n a g e w as co n cern ed , and he w as thus led to entertain a secret antag o n ism to w a rd s th em . H e regarded

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them in the light o f persons w ho w ere disposed to d e m a n d , m ore th an their due, a n d th e inherent firm ness, not to say stu b b o rn n e ss, o f his n a tu re , w as a ro u sed . T h ere w as an evident reserve in his m an n er to w ard s them at th e C ouncil B oard. T he sim ple tru th o f th e m atter seem s to be th at he w as incapable o f stu d ied , persistent d issim ulation, a n d co u ld n o t personate a confidence a n d goodfellow ship which he did not feel. But the disingenuousness did not begin a n d end here. H e established in tim ate relations w ith several pro m in en t m em bers o f the O p p o sitio n , a n d if th eir ow n accounts are to be credited he even w ent so far as to hint very strongly at the w an t o f cordiality existing betw een h im self a n d his C ouncillors. He m ade no secret o f his kindly feelings to w a rd s several leading m em ­ bers o f th e C o nservative p a rty , a n d repeatedly invited them to p ri­ vate conferences. A b o u t tw o m o n th s after the c onversation betw een M r. L afontaine and C a p ta in H igginson. th e G o v e rn o r had a long interview with M r. O gle R. G o w a n , one o f th e m ost pro n o u n ced C onservatives in th e c o u n try . T his g entlem an w as not at th a t tim e a m em ber o f P arliam en t, but he w as the e d ito r a n d p ro p rie to r o f one o f th e m ost ably c o n d u cted O p p o sitio n new spapers in C a n a d a , and w as unsparing in his criticism o f th e existing A d m in istra tio n . H e w as also G ra n d M aster o f th e O ra n g e b o d y , a n d as such w ielded a trem en d o u s political influence. T h e G o v e rn o r sent for this gentle­ m an a few days p rio r to th e anniversary o f th e battle o f th e Boyne, for th e ostensible p u rp o se o f inducing him to p u t forth his p o w er as G ra n d M aster to prevent th e O rangem en from engaging in any public d e m o n stra tio n s on th e 12th o f th e m o n t h . . . . [M etcalfe’s appeal w as successful, but) it ap p ears th at th e co n v ersatio n w as not confined to such topics. M r. G o w a n 's a cc o u n t o f the interview , as given in a letter to his p a rtn e r, a n d subsequently published in the new spapers, w as to th e effect th a t he and the G o v e rn o r h a d had a long a n d confidential discussion on the political situ atio n . M r. G o ­ w an seem s to have suggested certain changes in th e M inistry. T h at one in Sir C harles M etcalfe’s position sh o u ld have tolerated such a suggestion from such a source, m uch less th a t he sho u ld have lis­ tened to it w ith favour, seem s alm ost incredible. M r. G o w a n 's letter, how ever, is very specific. It says: “ D o n 't be surprised if Baldw in, H incks a n d H arriso n w alk, o r th a t C a rtw rig h t succeeds th e latter. T his m ay b e all do n e w ith o u t offending the R adicals, and w ith o u t losing th e interest o f either o f the three w ho retire. T his, to y ou, m ust a p p e a r a p a rad o x , but it is so , nevertheless. I have received in w riting, m ark e d ‘ P riv ate,' his Excellency's th a n k s for my m em o ran d u m o f p la n ." T h a t M r. G o w an in th u s w riting to his p a rtn e r m ade th e m o st o f th e con v ersatio n , for th e p u rp o se o f exalting him self in th a t p a rtn e r's eyes, is exceedingly p ro b a b le : but th at som e such topics w ere discussed betw een him a n d the G o v e r­ n o r there seem s to be no g o o d g ro u n d for d o u b tin g . O f course.

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noth in g o f all this w as know n to th e M inisters until th e publication o f th e letter, w hich did not ta k e place until the follow ing year. It is h ard to believe th at th e G o v e rn o r could have been so ignorant o f th e fitness o f things as not to kn o w that he w as acting w ith m ost culpable im p ro p riety in th u s intriguing against his sw orn advisers with one o f th eir bitterest enem ies. It is c h arita b le to hope th a t the intrigue w as not deliberately planned on the part o f his Excellency, a n d th at in an u n fo rtu n a te m om ent he w as betrayed by M r. G ow a n 's confident and insin u atin g m an n er into using in cau tio u s ex­ pressions. Still, a fte r all allow ances and dedu ctio n s have been m ade, it m ust be a d m itte d th a t the R epresentative o f M ajesty w as culpably oblivious o f w h at w as due to his Sovereign, to his M inisters, a n d to him self, in p erm itting even th e m ost distan t allusion on M r. G o w an ’s p a rt to such m atters as those indicated in th e l e t t e r .. . .

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On the Edge O f the Storm T h e a p p ro ac h in g session [called for S eptem ber 28, 1843] h a d for so m e tim e been looked forw ard to with anxious e xpectation, and even w ith solicitude, by all classes o f politicians. It w as know n that several questions o f vital im p o rta n ce m ust engage the atte n tio n o f P arliam ent, u p o n each o f w hich th ere w ould be wide divergence o f o p in io n . R u m o u rs o f im pending com p licatio n s betw een th e G o v e r­ n o r a n d his M inisters had got a b ro a d , a n d had given rise to the m ost ab su rd conjectures on th e p a rt o f th e enem ies o f th e A dm inis­ tra tio n . F o r several days before th e o pening, c onsiderable num bers o f people, in a d d itio n to m em bers o f P arliam ent, c o n tin u ed to arrive at K ingston from all p a rts o f th e Province. T h e hotels and places o f public en te rta in m e n t w ere filled to repletion, and th e little tow n h a d never presented so stirrin g a n aspect. Several new m em bers' o f th e A ssem bly call for a few special w ords o f m en tio n . C o n sp ic u o u s a m o n g them w as H enry Sherw ood. ex-S olicitor-G eneral for U p p e r C a n a d a . Since his dem ission o f o f­ fice, a year before this tim e, he h a d been retu rn ed to th e A ssem bly for th e city o f T o ro n to , in th e place o f M r. Isaac B u c h an a n . He now cam e dow n to K ingston in a fram e o f m ind w hich im pelled him to m ake th e m ost o f any g ro u n d s o f o p p o sitio n to th e A d m in ­ istration w hich m ight present them selves. Jean C h a b o t, a French C a n a d ia n advocate o f som e ability, also now to o k his seat in the A ssem bly for th e first tim e, having ju st been retu rn ed for th e city o f Q uebec, upon th e resignation o f th e previous m em ber. M r. D avid B urnet. M . C h a b o t’s lim ited know ledge o f th e English language prevented him from tak in g as c o n sp icu o u s a p art in th e debates o f th e tim e as he w as otherw ise well qualified to d o . but h e exercised m uch influence o v er his c o m p a trio ts, a n d w as recognized as one o f th e political forces o f Low er C a n a d a .

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A m ore re m a rk a b le m an th an either o f the preceding w as E d ­ w ard G ib b o n W akefield, w ho h a d been re tu rn e d for th e c o n stitu en ­ cy o f B eauharnois, upon the resignation o f M r. J. W . D unscom b. M r. W akefield w as a n E nglishm an by b irth ; a m an o f great talents a n d m uch learning, m ore especially in th e d e p a rtm e n t o f political e co n o m y . H e w as b o rn in 1796, a n d h a d passed th ro u g h som e ra th e r stran g e m u ta tio n s o f fo rtu n e. F ro m his y o u th he h a d devoted m uch a tte n tio n to colonial affairs, his know ledge w h ereo f m ay al­ m ost be said to have been to so m e extent inherited, for his father w as an enthusiast in m atters relating to c o lo n iz atio n , and h a d w rit­ ten o n e o r tw o p am p h lets on th e subject. T h e son w as o n e o f the practical school o f politicians th a t grew up in E n g lan d d u rin g the second a n d th ird decades o f th e present cen tu ry . H e w ro te m uch for th e n ew spaper press, a n d before he w as thirty years o f age he was k now n to som e o f th e leading W higs as a rem ark ab ly w ell-inform ed m an on colonial a n d econom ical questions. His o p in io n s inspired general respect a m o n g such stu d e n ts o f th e national polity as were fam iliar with his w ritings, a n d it seem ed as th o u g h a fu tu re o f great brightness w as before him . for he was am b itio u s, a n d in som e directions barely sto p p e d sh o rt o f genius. But, u n fo rtu n ately , his m oral qualities w ere not u p o n a plane with his intellect a n d his learning. His pecuniary m eans were sm all, a n d in 1824 an u n fo r­ tu n a te investm ent deprived him o f nearly all he had. T hen c o m m ­ enced th e descensus A ve rn i. A dversity tries th e tem p e r o f m en ’s souls, a n d th e soul o f E dw ard G ib b o n W akefield w as not found equal to th e ord eal th ro u g h w hich he w as com pelled to pass. In end eav o u rin g to retrieve his fortunes he connected h im self with m o re th an o n e tran sactio n o f q u estio n ab le repute, and finally w ith a tran sactio n as to th e c h ara cte r o f w hich there co u ld be no question at all. In plain E nglish, he e ntered into a conspiracy for th e a b d u c ­ tion from a board in g -sch o o l o f a w ealthy yo u n g lady o f fifteen years o f age. T h e m otive o f the a b d u ctio n seem s to have been w holly m ercenary, a n d it is to be feared th at the tran sac tio n had few exculpatory features a b o u t it. T h e story is not an agreeable one to tell, a n d shall not be told at length in these p a g e s .. . . Suffice it to say th at there w as a fam ily con sp iracy betw een M r. W akefield, his b ro th e r, a n d his ste p m o th e r: th a t by m eans o f forged letters a n d the grossest falsehoods th e you n g lady w as induced to p u t h erself in M r. W akefield’s charge, a n d afte rw a rd s to acco m p an y him to S co t­ lan d , w here there w as a Scotch m arriage by th e G re tn a G reen b lacksm ith. D avid L aing. T his m arriag e w as subsequently annulled by A ct o f P arliam en t. M r. W akefield, w ho at th e tim e o f the exploit w as th irty years o f age, a n d a w idow er, w as arrested, tried, c onvicted, and sentenced to a term o f tw o y e a rs' im prisonm ent in N ew gate. A fter serving his term he cam e out o f prison, am ended his w ays, and em ployed his g reat talents in m atu rin g a schem e o f

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c olonization . H e for som e tim e gave him self w holly up to a literary and jo u rn alistic life. H e edited a n d published an edition o f th e great w ork o f A d a m S m ith . H e also published several o th e r suggestive a n d valuable w o rk s, th e m ost widely know n o f w hich w as issued anonym ously in L o n d o n in 1833, u n d e r th e title o f “ E ngland and A m erica: a C o m p a riso n o f th e Social and Political S tate o f th e T w o N a tio n s ," w hich w as highly eulogized by co m p eten t critics. H is past m isdeeds, how ever, a n d the im prisonm ent he h a d u ndergone, had left a stain upon him w hich co u ld never be w holly o b lite rated , and w hich rendered it im possible for him to attain high a n d h o n o u ra b le distinction in his native lan d . His plan o f c olonization reco m m e n d ­ ed him to th e notice o f so m e o f the leading statesm en o f G reat B ritain, a m o n g w hom were n u m b ered Earl G rey , his son-in-law . L o rd D u rh a m , a n d L o rd Stanley. L o rd D u rh a m fo u n d him a m an o f very re m ark ab le intellectual po w er and originality, a n d w hen that noblem an cam e out to C a n a d a in 1838 as G o v e rn o r-G e n e ra l and L ord H igh C om m issioner. M r. W akefield a cc o m p a n ied him as one o f his uiu ic h e s. T h a t M r. W akefield's know ledge and services were o f inestim able value to L o rd D u rh a m is u n q u e stio n a b le, and it is at least p ro b a b le th a t som e able practical suggestions em bodied in the fam ous rep o rt m ay have orig in ated with him . H e rem ained in C a n ­ a d a after L ord D u rh a m 's d e p a rtu re , but eventually follow ed his L o rd sh ip to E ngland, w here, in co njunction w ith his friend M r. C h arles Buller, he concerted a schem e for raising m oney in G reat Britain to be e xpended in local im provem ents in C a n a d a . In fur­ therance o f this project he again cam e o u t to this c o u n try . H e for som e tim e acted as th e C a n a d ia n c o rre sp o n d e n t o f th e C olonial G a z e lle , a n d m any o f his letters to th a t periodical display an u n u ­ sual degree o f econom ical know ledge a n d political prescience. In July, 1842, M r. D u n sco m b , th e sitting m em ber for B eauharnois. resigned his se a t, in consequence o f his prospective a p p o in tm e n t as W arden o f T rin ity H ouse, M o n treal. M r. W akefield offered him self to th e electors o f th a t constituency as their representative, and was elected in the follow ing N o v e m b er. D uring th e canvass all th e u n sa ­ voury details con n ected w ith his past life w ere raked up and p u b ­ lished for the edification o f th e people o f C a n a d a . H e now to o k his seat as an avow ed a n d earnest su p p o rte r o f th e A d m in istra tio n . In personal a p p earan ce he was stout a n d portly, w ith a full face a n d a ilorid com plexion. A s a public sp eak er he appealed to th e reason ra th e r th an the im ag in atio n , a n d there w as little o f the a d captand u m o ra to r a b o u t him . H e w as b e tte r calculated to im press e d u ca t­ ed m en th an th e public at large, a n d by consequence w as not well fitted for th e lab o u rs o f an election c am p aig n , a lthough he p o s­ sessed m any rare qualifications for a legislator. . . . H is E x ce lle n cy ’s S peech at th e o p e n in g , w hich to o k p lac e at tw o in th e a fte rn o o n o f th e 28th. w as quiet, dignified, a n d c o m p re ­

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hensive as to details. T h e fashion a n d beau ty o f th e Provincial capital w ere fully represented in th e C ouncil C h a m b e r. A fte r allud­ ing to th e birth o f a princess, th e G o v e rn o r sp o k e in sym pathetic term s o f the d e ath o f his predecessor. H e next referred to th e Im pe­ rial A ct w hich had been passed, w hereby th e im p o rta tio n o f C a n a ­ dian w heat a n d flour into th e U nited K ingdom w as facilitated. R eferring to th e Provincial to u r w hich he h a d ju st c o m p leted , he expressed his g ratification at th e evidences o f progress a n d loyalty w hich he h a d e n co u n tered . T h e c h ara cte r o f som e o f th e m ore im p o rta n t m easures w hich w ere to be su b m itted to P arliam ent was briefly hinted a t; a n d th e insufficiency o f th e prison a n d asylum a cc o m m o d a tio n c o m m en ted u p o n . It w as noticed th at his E xcellen­ cy carefully ab stain ed from any reference to subjects likely to lead to p ro lo n g ed d e b a te .. . . [N onetheless, a bitter d eb ate to o k place o n th e g o v ern m en t’s plan to rem ove th e capital from K ingston to M o n tre al.] O n th e 2nd a n d 3rd o f N o v e m b er [1843] th e d eb ate w as b ro u g h t to a close, a n d th e C a b in e t resolutions, m oved by M r. Baldw in a n d seconded by M r. L afo n tain e, w ere carried by a vote o f fifty-one to tw entyseven. It w as resolved th a t “ in the opinion o f this H ouse it is expedi­ ent th a t th e Seat o f H e r M ajesty ’s Provincial G o v e rn m en t for this Province should be a t the C ity o f M o n tre a l.” T h e hotly contested m a tte r w as therefo re disposed of, a n d before th e next m eeting o f P a r­ liam ent th e Seat o f G o v e rn m e n t, to g eth er w ith all the p a rap h e rn alia o f office, h a d been re m o v e d fro m K in g sto n . L ocal p re d ile c tio n a p a rt, there can be no d o u b t th a t the step w as a wise o n e. M ontreal w as nearly as cen tral as K ingston, a n d had long been a focus o f c o m ­ m ercial and social life. It w as the p o rt at w hich th e greater p a rt o f the Provincial revenue w as collected, a n d w here the chief fiscal a rra n g e ­ m ents o f the c o u n try were m an a g ed . K ingston, on the o th e r hand, had noth in g to recom m end it but its central p osition. Its u n su itab le­ ness w as p a te n t to all, and an agitatio n for rem oval had been on foot ever since L ord S ydenham had fixed upon it as th e site o f the P rovin­ cial capital. T h is agitatio n w ould dou b tless have been m ain tain ed , to the g reat loss o f th e pub lic tim e, and to th e d etrim en t o f legislative business. T he M o n tre al experim ent eventually proved a failure, but the failure w as d u e to causes w hich no h u m an w isdom could have foreseen o r provided a gainst in the year 1843. T h e session, d u rin g the first few weeks o f its progress, w as a very busy one. S om e im p o rta n t m easures w ere passed, and others o f equal im p o rtan ce w ere in au g u ra te d , but not carried th ro u g h , ow ing to the com p licatio n s to be detailed in th e follow ing chapter. E ver since th e m eeting o f P arliam ent the a n tagonism betw een the G o v e rn o r and his C ouncillors - M r. [D om inick] D aly [Provincial S ecretary for L ow er C a n a d a ] alw ays excepted - h a d been slow ly but

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surely gaining g ro u n d . T h ere had been no un p leasan t w ords at the C ouncil B oard, b u t a chilling coldness o f a tm o sp h e re p ervaded the deliberations th ere. T h e chilliness w as rendered all th e m o re a p p a r ­ ent by th e w arm cordiality w hich m ark ed the G o v e rn o r’s d e m e an ­ o u r to w ard s M r. D aly, w ho w as not in good o d o u r w ith his b ro th er C ouncillors, som e o f w hom suspscted him o f intriguing w ith the G o v e rn o r and th e O p p o sitio n against th em . A s for th e G o v e rn o r, he show ed an increasing disposition to m ake light o f th e responsi­ bilities o f his M inisters, and at th e sam e tim e to m agnify his ow n. A fter giving his con sen t to th e in tro d u c tio n o f a Bill for th e s u p ­ pression o f secret societies, a n d after th e m easu re h a d run the g auntlet o f o p p o sitio n in b o th H ouses, he h a d . w ith o u t a w o rd o f e x p la n atio n , a n n o u n c e d his determ in atio n to reserve it for th e signi­ fication o f H er M ajesty’s pleasure. T h e first in tim atio n o f this fact cam e to the M inistry in a ro u n d a b o u t fashion from a gentlem an w ho w as not even a m em ber o f P arliam en t, and w ho was a staunch o p p o n e n t o f th e A d m in istra tio n . T h at the G o v e rn o r h a d th e right to reserve th e Bill w as u ndeniable, but the M inisters considered that they h a d been tre a te d cavalierly in not being vouchsafed a full and cordial e x p la n atio n , a n d they w ere, rightly o r w rongly, u n d e r the im pression th at he h a d determ ined to reserve it for no o th e r reason th an to display his po w er o v er th em . T hey c onsidered th a t in any case they o u g h t to have been th e first to h e ar o f his inten tio n . T heir position, m oreover, w as rendered increasingly in tolerable by the ru m o u rs afloat to th e effect th a t his Excellency governed th e c o u n ­ try as he th o u g h t p ro p e r, a n d neither sought n o r desired advice from his M inisters. N o tw ith stan d in g M r. L afo n tain e ’s strongly ex­ pressed opin io n as to the necessity for the G o v e rn o r’s con su ltin g his M inisters on all a p p o in tm e n ts to office, it w as fo u n d th a t a p p o in t­ m ents w ere offered, a n d in som e cases actually m ad e, w ith o u t a w o rd on th e subject having been c o m m u n icated by the G o v e rn o r to his C o u n c illo rs___ Finally, at th e beginning o f th e fourth w eek in N o v em b er, it w as ascertained th a t a M r. F ran cis Pow ell, so n o f C olonel Pow ell, an old-tim e C onservative, h a d been a p p o in te d by his Excellency to th e v acan t post o f C lerk o f th e Peace for the D alhousie D istrict. T h e in fo rm a tio n cam e to them from a p ro m i­ n ent m em ber o f th e O p p o sitio n , w ho h a d bo asted som e days b e ­ fore in th e presence o f M r. Baldw in th a t he w ould induce the G o v e rn o r to m ak e th e a p p o in tm en t in th e teeth o f his M inisters. T h e M inisters w ere disposed to discredit th e new s, but next day they received a b rief a n d form al notification from the G o v e rn o r o f th e fact o f th e a p p o in tm e n t. H o w disagreeable such a piece o f intelligence m u st have been m ay be u n d e rsto o d w hen it is know n th a t M r. B a ldw in h a d h im s e lf p ro m is e d th e p o sitio n to a firm

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su p p o rte r o f th e A d m in istra tio n . T h e M inisters, o f co u rse, w ould be regarded by th e c o u n try as being responsible for this a p p o in t­ m en t; an a p p o in tm en t as to w hich they h a d not been consulted, an d as to w hich they w ould never have given their consent. It was the last stra w on th e back o f th e cam el. T h e pitch er h a d go n e to the well once to o often. T h e M inistry, with th e largest Parliam entary su p p o rt at their back th a t any C an ad ian A d m in istra tio n h a d ever been able to c o m m a n d , fo u n d them selves practically ignored by their official h ead , a n d trea te d as tho u g h they w ere o f no account. His Excellency w as soon to learn , to his co st, th a t th e m eridian o f C a n a d a w as n o t coincident w ith th a t o f B engal, a n d th a t Louis L afo n tain e a n d R o b ert Baldw in were th e last m en in th e w orld to enact th e role o f U lric th e U nim peachable.

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Responsible Government T h e M inisters received their first notification o f M r. Pow ell’s a p ­ p o in tm e n t on th e a ftern o o n o f T h u rsd a y , the 23rd o f [N o v em b er, 1843], T hey felt th a t the tim e for self-assertion h a d arrived. T he delicate task o f co n ferrin g w ith th e G o v e rn o r w as deputed to M r. Baldw in a n d M r. L afo n tain e, w ho w aited u p o n his Excellency at G o v e rn m en t H ouse o n F rid ay , the 24th. T h ere is no m aterial c o n ­ flict in the acco u n ts given o f th e c onversation by those w ho partici­ p ated in it, tho u g h they differed widely as to th e dedu ctio n s to be draw n from it. T h e tw o C ouncillors began by deprecating th e h u ­ m iliating position in w hich they and th eir colleagues found th e m ­ selves, ow ing to th e G o v e rn o r’s reticence in his intercourse with them , m ore especially in th e m a tte r o f public a p p o in tm en ts. T hey called his atte n tio n to th e fact th a t a p p o in tm en ts had been offered, a n d in som e cases actually con ferred , u p o n persons w ho w ere no friends to the A d m in istra tio n . T hey com plained th a t their influence w as thereby b ro u g h t to n a u g h t; th a t they w ere sneered at by the O p p o sitio n ; th a t by th e c o u n try at large they w ere held responsible for acts they h a d not sa n c tio n ed , a n d as to w hich they h a d not even been co n su lted . T hey also deprecated the reservation by his Excel­ lency o f the Secret Societies Bill, after he h a d san ctio n ed its in tro ­ d uction to P arliam en t. All th ro u g h the interview his Excellency rem ained perfect m aster o f him self, but he co u ld not conceal his consciousness th a t a crisis h a d arrived in public affairs. H e w ould n o t. how ever, recede by so m uch as a h a ir’s-b re ad th from the position he h a d assum ed. H e a d m itte d th a t he had m ade a n d o f­ fered a p p o in tm en ts w ith o u t consulting his M inisters, a n d claim ed th at he h a d sim ply exercised his prerogative in so doing. H is interlo­ c u to rs, w ithout denying his rights in the m atter, su b m itted th a t they also h a d rights o f their o w n , one o f w hich they w ould be called

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u p o n to ex ercise u n less a sa tis fa c to ry u n d e rs ta n d in g c o u ld be a r ­ rived a t. T h e right here referred to w as o f course th at o f resignation. O n the subject o f the reserved Bill, the G o v e rn o r averred th a t he had given his consent to its being introduced into P arliam ent be­ cause he had pro m ised , so o n after his assu m p tio n o f th e G o v e rn ­ m ent, th a t he w ould sanction legislation on the subject as a su b sti­ tu te for executive m easures, w hich he refused to a d o p t on account o f th eir proscriptive c h ara cte r, a lthough he deprecated th e existence o f societies w hich tend to fom ent religious a n d civil discord . H e then stated th a t ever since his arrival in th e c o u n try he h a d observed an antagonism betw een his ow n views a n d those o f his M inisters on the subject o f th e prerogative. T h e M inisters expressed their a sto n ­ ishm ent a n d regret th at his Excellency should have had this c o n ­ sciousness so m an y m o n th s w ith o u t hinting at an y th in g o f the sort to his C ouncillors. T h e c onversation lasted several h o u rs. T h e u p ­ sh o t o f it w as th a t th e C ouncillors dem anded from th e G o v e rn o r th at he w ould no longer ignore their existence in th e m atter o f public a p p o in tm e n ts; th a t he w ould act upon th eir advice o r n o t, as he th o u g h t fit; but th a t he w ould at any rate consult them before­ h a n d . His Excellency was not disposed to bind him self by any such stip u latio n , o r indeed by any stip u latio n w hatever. T o do so, he declared, w ould be at once to degrade his office a n d to su rren d er the prerogative o f th e C ro w n . A fte r discussing th e question with m uch earnestness, a n d a p p are n tly with entire good faith on both sides, they m utually agreed to leave it open until th e follow ing day. w hen th e C ouncil w ere to m eet. N ext aftern o o n the discussion was resum ed a t th e C ouncil B o ard , and the w hole m a tte r w as gone over again a n d ag ain , w ith no result except th a t b o th sides w ere, if possible, m ore firmly set in th eir respective o p in io n s th an before. T hey parted for th e day, how ever, w ithout any actual ru p tu re , the G o v e rn o r repeatedly declaring th a t he subscribed entirely to the resolutions o f the Legislative A ssem bly o f th e 3rd o f S eptem ber, 1841, a n d th at he considered any o th e r system o f G o v e rn m en t than th at which recognizes responsibility to the people a n d to the re p re ­ sentative A ssem bly as im p racticable in C a n a d a . In vain did his C ouncillors po in t out to him his inconsistency. It w as a sim ple w aste o f tim e. It w as like describing the glories o f sunrise to one w ho h a d been blind from his birth . H e seem ed to suffer from a congenital incapacity to perceive w hat he h a d m ad e up his m ind did not exist. T h a t night all th e C ouncillors m et a n d consulted to g e th e r- a ll o f th em , th at is to say , except M r. D aly, w ho h a d h a d no p art in any o f th e m inisterial proceedings above described, and w ho had already a n n o u n ce d his intention o f sta n d in g by th e G o v e rn o r, com e w h a t m ig h t. T h r o u g h o u t th e w h o le o f th is e p is o d e , a n d ind eed

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th ro u g h o u t th e w hole o f his public career, M r. D aly ’s co n d u ct w as ol a piece w ith th a t o f th e valiant F ren ch m an o f w h o m m ost o l us have h e ard , w h o passed his life in com ing to th e rescue o f th e s tr o n g e s t.. . T h e result o f th e m inisterial conference w as th a t on S u n d ay , the 2 6th, nine o u t o f th e ten gentlem en com prising th e Ministry' (i.e ., all except M r. D aly) ten d ered th eir resignations to his Excellency, who signified his acceptance o f th em . In accordance with Parliam entary usage in E ngland in cases o f m inisterial resignations, M r. L afo n ­ tain e applied to th e G o v e rn o r for perm ission to explain to the L egislature th e reasons w hich h a d led to th e existing state o f affairs. T h e perm ission, w hich w as verbal only, w as a ccom panied by a request th a t th e ex-M inisters w ould put on p a p er the su b stan ce o f th e p roposed e x p la n atio n . T his w as d one by M r. L afo n tain e, and th e docum ent w as delivered to his Excellency early on M onday m o rn in g . T h e fact o f the resignation soon becam e know n all over K in g sto n , a n d the anxiety a n d excitem ent on th e subject w ere in­ tense. T h e political w orld o f th e capital w as taken com pletely by s u rp ris e . N o s o o n e r h a d th e d o o rs o f th e A sse m b ly c h a m b e r opened at ten o ’clock on M o n d a y m o rn in g th an every foot o f space available for sp ectato rs w as occupied. Before th e com m encem ent o f th e regular business o f the day M r. L afo n tain e rose a n d addressed th e H ouse b o th in English a n d F rench. H e a n n o u n ce d th a t h e and his colleagues, w ith th e exception o f the H o n o u ra b le M e m b er for M egantic, h a d deem ed it th eir d u ty to ten d er th eir resignations. He add ed th a t th e G o v e rn o r-G e n era l had accepted the resignations, a n d th a t th e ex-M inistry w ould at an early day explain to the H o u se th e reasons for th eir co n d u ct. Im m ediately a fter this a n ­ nou n cem en t th e nine ex-M inisters vacated th e T reasu ry Benches, leaving M r. D aly th ere alone in his glory. O nly form al business was tran sac te d , th e G o v e rn m en t m easures w hich w ere the o rd e r o f the day being necessarily p o stp o n e d . T h e A ssem bly ad jo u rn e d soon after n o o n , and d u rin g th e rest o f th e day th e resignation, a n d the p re su m e d g ro u n d s o f it, fo rm e d th e sta p le o f e a g e r discu ssio n th ro u g h o u t th e city. O n T u esd ay th e G o v e rn o r prep ared a counter statem en t to th a t o f M r. L afo n tain e. A s has already been stated, th e tw o acco u n ts did n o t m aterially conflict as to facts, but only as to th e dedu ctio n s to be derived th erefro m . T hese deductions, how ­ ever, stru c k at th e ro o t o f th e w hole question at issue. It was claim ed by th e G o v e rn o r th a t in M r. L afo n tain e ’s sta te m en t there w as a to tal om ission o f th e circum stances w hich h e (the G o v e rn o r) regarded as form ing th e real g ro u n d s o f resignation. H e sta te d th at a d em an d h a d been m ade u p o n him by th e ex-M inisters th a t he sho u ld agree to m ak e no a p p o in tm e n t, o r offer o f a p p o in tm en t, w ith o u t previously consulting his C o u n cil; th a t th e lists o f c an d i­ dates sho u ld in every instance be su b m itted to th e C ouncil, a n d th at

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he (the G o v e rn o r), in deciding after consu ltatio n with th em , should m a k e no a p p o in tm e n t p re ju d ic ia l to th e ir in flu e n c e ; " in o th e r w o rd s,” rem ark ed his Excellency, " th a t the p a tro n a g e o f th e C row n should be su rre n d ere d to th e C ouncil for the purchase o f P arlia­ m entary s u p p o rt; for if the d e m a n d did not m ean th a t it m eant no thing, as it c an n o t be im agined th at the m ere form o f taking advice w ith o u t regarding it w as th e process c o n te m p la te d ." He stated th a t he h a d declined to “ d eg rad e th e c h ara cte r o f his office” by assenting to th e d em an d s m ad e upon him . H e fu rth er staled that he h a d objected to the exclusive distribution o f p a tro n a g e with party views, a n d m ain tain ed the principle th a t office o u g h t, in every in­ stance. to be given to the m an best qualified to render efficient service to the S ta te ; a n d w here there was no such preem inence, he asserted his right to exercise his discretion. O n th e subject o f the Secret Societies Bill, th e G o v e rn o r’s explanation w as th a t he had received special instructions from H er M ajesty to reserve every Act o f an unusual o r ex tra o rd in a ry c h aracter. “ U n d o u b te d ly ," c o n tin ­ ued his Excellency, " th e Secret Societies Bill answ ers th a t descrip­ tio n , being u nexam pled in British legislation.” W ith respect to his having given his consent to its being in tro d u ced into P arliam ent, he rem ark ed th a t “ perm ission to in troduce a Bill c a n n o t be properly a ssum ed as fettering th e ju d g m e n t o f th e G o v e rn o r with regard to th e royal assent, for m uch m ay h ap p en du rin g th e passage o f the Bill th ro u g h th e L egislature to influence his decision. H e then c o m ­ m ented upon th e o p p o sitio n to which the Bill h a d been subjected, a n d a d d ed , “ it w as m uch b e tte r th a t it (the Bill) sho u ld not go into o p e ratio n until c onfirm ed by H er M ajesty’s G o v e rn m en t th an th at it sh o u ld be d iscontinued after its o p e ratio n h a d c o m m e n ce d .” F ro m tim e to tim e his Excellency sent for, a n d w as closeted w ith, various leading m em bers o f P arliam ent, including M essieurs D aly, D ra p er, Viger, M a c N a b a n d W akefield. T h e last-nam ed gen­ tlem an h a d som e tim e before this ceased to be a su p p o rte r o f the L afontaine-B aldw in G o v e rn m en t. H e h a d various special purposes o f his ow n to serve in c onnection with th e c olonization schem e already m entioned, a n d had been unab le to o b tain m inisterial c o n ­ cu rren ce therein. H e w as m o reo v er specially in tim ate w ith M r. D aly, w hose cause he now espoused against th e ex-M inisters. It was suspected by som e shrew d p erso n s th a t M r. W akefield, as soon as he found th a t he co u ld not win o v er th e M inistry to his view s, had begun to intrigue w ith M r. D aly against the o th e r m em bers o f the G o v e rn m en t. H e at all events w as one o f his Excellency’s m ost tru sted advisers from th a t tim e fo rw ard. A s C a n ad ian c o rre sp o n d ­ e n t o f th e C olonial G a ze tte he th enceforth did a good deal to m islead public opin io n in E ngland as to th e real g ro u n d s o f conflict betw een Sir C h arles M etcalfe a n d his M inisters.

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O n W ednesday, th e 29th, M r. Baldw in explained to th e A ssem ­ bly th e gro u n d s u p o n w hich he a n d his eight colleagues h a d re­ signed office. A fter reading th e resolutions o f th e 3rd o f S eptem ber, 1841, w hereby th e principles o f R esponsible G o v e rn m en t h a d in their fullest sense been conceded, he declared th a t he a n d his col­ leagues h a d tak e n office u n d e r th o se principles, a n d th a t w hen they fo u n d th a t th e illustrious p erson a t the h e ad o f the G o v ern m en t en tertain ed views w idely different from theirs on this subject, their duty b o u n d them to ta k e th e course they h a d a d o p te d . “ H ad those differences been m erely th eo re tic al,” said M r. B aldw in, “ th e M inis­ ters w ould have been so rry to in terru p t th e h arm o n y existing. But w hen they fo u n d th a t those differences existed w ith respect to a p ­ p ointm ents to office: w hen they fo u n d th e H ead o f the G o v ern m en t m aking ap p o in tm en ts w ith o u t th eir advice (n o t th a t they pretend for a m om ent to say th a t he has not the right o f doing th is ) - w h e n they found also th a t p ro p o sals for ap p o in tm en ts were m ade w ithout their know ledge: w hen these to o k place, th e difference o f opinion ceased to be m erely th eo re tic al.” But this, he a d d ed , w as n o t all. It w as ascertained th a t a Bill o f a m ost im p o rta n t n a tu re w as not to receive th e royal assent in this c o u n try , n o tw ith sta n d in g its having been in tro d u ced u n d e r th e san ctio n o f th e H ead o f th e G o v e rn ­ m ent. S om e signification o f th e in tention to w ithhold th e royal assent to this Bill sh o u ld , in his (M r. B aldw in’s) o p in io n , have been m ade to th e M inisters on its passage, in o rd e r th a t the public m ight have been m ad e a cq u a in te d w ith it. As it w as, th e M inisters were op en to the im p u ta tio n o f h aving advised the H ead o f th e G o v e rn ­ m ent in favour o f a m easure to w hich he co u ld not c o n se n t; o r else o f having in tro d u ced it, kno w in g th a t it w ould be sent h om e to lie on the dusty shelves o f the C olonial Office, w here so m an y o f their m easures were a lready deposited. H ad they rem ained in office they w ould have been responsible for acts w hich they h a d not advised. They had received a frank avow al from his Excellency th a t since his arrival in th e c o u n try , a n d assu m p tio n o f th e G o v e rn m en t, he had discovered an a n tagonism in their principles, a n d a difference in their views, alth o u g h this c o m m u n ica tio n h a d only lately been m ade know n to th em . C ord iality sh o u ld exist betw een th e G o v e rn o r and his C ouncil, a n d he (M r. B aldw in) for o n e w o u ld never serve under any m an w ho, after a lapse o f m o n th s, told him th ere w as an antag o n ism in th eir o p in io n s. T hey (the M inistry) h a d conceded to his Excellency in its fullest extent th e right o f m aking a p p o in tm en ts, but they claim ed th e right o f advising th e acts o f th e G o v ern o r. T hey claim ed a right not to be left to know from th ird parties o f decisions com e to by the H ead o f th e G o v e rn m en t, w hich they should have k n o w n from th e very first. A n offer h a d been m ade o f th e c h air in th e Legislative C ouncil, a n d this they were only aw are

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o f from th e person to w hom th e offer w as m ad e , o r from persons in th e streets. W as th a t w h at th e A ssem bly u n d e rsto o d by R esponsible G o v e rn m en t, o r w h at w as expected from th e responsible advisers o f th e C ro w n ? T h eir interview w ith th e H ead o f th e G o v e rn m en t had led to no hopes o f a different co u rse o f c o n d u c t, but on th e c o n tra ry h a d led to a n assu ran ce o f a w an t o f c ordiality a n d assistance. C o u ld th e M inisters be expected to hold office u n d e r such term s term s so preg n an t w ith m ischief to th e Province, a n d so c o n tra ry to th e avow ed w ishes o f th e c o u n try and its representatives in the H ouse? . . . O n th e 1st o f D ecem ber th e G o v e rn o r, in reply to an address o f th e A ssem bly a d o p te d on th e previous day, tran sm itte d to th at H o u se, th ro u g h th e m edium o f M r. D aly, in his official capacity, a m essage, a cc o m p a n ied by a co p y o f the note o f M r. L afontaine, a n d also o f his ow n reply. U p o n m otion o f Sir A llan M a c N a b tw o th o u sa n d copies o f th e m essage, as well as o f th e accom panying d o c u m e n ts, w ere o rd e re d to be p rin te d in E nglish, a n d as m any in F re n c h , for th e use o f m em bers. T h e d o c u m e n ts then for th e first tim e becam e public p ro p e rty . A fter th e tran sac tio n o f som e form al business, M r. Ja m es Hervey Price, m em b er for th e F irst R iding o f Y o rk , ro se a n d sta te d th a t he h a d a p a ra m o u n t d u ty to perform , from w hich he tru sted he sh o u ld n o t flinch, n o tw ith sta n d in g the e m b a rrassin g situ atio n in w hich he w as placed. H e rem a rk ed th a t it w as unp reced en ted for a M inister o f the C ro w n to c o m e d ow n, as the Provincial S ecretary for C a n a d a E ast h a d done, w ith a message in reply to e x p lan atio n s from M inisters w ho h a d resigned. H e, M r. Price, did not kn o w h o w to treat this m essage. H e tru sted he w ould treat it w ith all th e respect due to th e high c h a ra c te r o f th e person from w h o m it e m a n a te d . If R esponsible G o v e rn m en t had not been conceded to th e m , he, M r. Price, did not kn o w w hat concession w as. H e had su p p o sed th e colony to be u n d e r th e g overnm ent o f a head , advised in all its acts by a C ouncil responsible to , a n d holding th e confidence o f th e people th ro u g h th eir representatives. H e, the sp e a k er, h a d alw ays p u rsu ed o n e undeviating co u rse in politics since his first arrival in the co lo n y . H e asked no favour from any G o v ­ e rn m e n t: a n d they h a d n o th in g in their gift w hich they co u ld bestow on him . But he w ished to see th e G o v e rn m en t so c o n d u cted in this c o u n try th a t w hen a se p a ra tio n to o k place betw een p a ren t a n d child (an event w hich he tru sted w o u ld not o c cu r in his lifetim e) th at se p a ra tio n sho u ld be m ade a m u tu al and friendly one betw een the tw o co u n tries. H e h a d alw ays su p p o rte d those G o v e rn o rs w ho had g overned con stitu tio n ally a n d for th e g o o d o f th e country'. He h o p e d th a t th e present discussion they w ere a b o u t entering into w ould settle th e q uestion o f R esponsible G o v e rn m en t at once and definitely - a q uestion o f such vast a n d vital im p o rta n ce to th e Prov­

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ince. N o m an w as m o re p o p u la r, o r enjoyed m o re the confidence o f th e p eople o f U p p e r C a n a d a , th a n th e late A tto rn ey -G e n e ral W est - a po p u larity w hich he ow ed to th e u niform consistency o f his political life, a n d th e honesty a n d integrity o f his principles. H e was afra id , a t th e o p e n in g o f this session, w hen he saw a p p o in tm en ts to office o f p erso n s politically o p p o se d to th e late M inistry, th a t there w as a n u n d e rh a n d b ack -stairs influence at w ork which w as g oing to injure them in th e o p in io n s o f th eir su p p o rte rs. H e h a d w ritten to th e late A tto rn ey -G e n e ral W est, as far back as F e b ru a ry , 1843, on th e subject o f these a p p o in tm en ts, p o in tin g o u t to him th a t if such a c o u rse w as p u rsu ed in th e exercise o f th e p rero g ativ e o f th e C row n (a right w hich he did not p retend to d en y ), it w ould be his (the A tto rn e y -G e n e ra l’s) d u ty to resign. H e ( M r. Price) a d m itte d , to its fullest extent, th e right o f a p p o in tm e n ts resting w ith th e G o v e rn o rG e n era l, b ut h e w o u ld m ain tain th a t these o u g h t to ta k e place only by a n d w ith th e advice o f his C o u n c il, w ho w ere responsible to the c o u n try , a n d best qualified to ju d g e o f th e m erits o f th e candidates for office. If this w as not to b e th e case: if th e G o v e rn o r w as to a p p o in t to offices o f im p o rta n ce in th e Province w ith o u t th e advice o f his sw orn C o u n cil: then they w ere u n d e r a despotism , a n d not u n d e r a R esponsible G o v e rn m en t. T h ere w as a po w er behind the T h ro n e w hich directed th e G o v e rn m en t o f th e c o u n try , a n d until th a t pow er w as got rid o f he w ould ra th e r see th e H o u se ol R epre­ sentatives sw ept aw ay, a n d th e Province ruled by a G o v e rn o r and C o u n c il, from w hose decisions they co u ld ap p eal to th eir Sovereign. H e (M r. Price) a p p ro a c h e d th e subject o f th e m essage w ith m uch e m b a rrassm en t, a n d w ould only to u ch u p o n tw o passages in th at do c u m e n t. W ith respect to th e passage referring to th e p a tro n a g e o f th e C ro w n b e in g b e sto w e d o n ly fo r p o litica l p u rp o s e s , he w o u ld refer to Sir R o b e rt Peel, w ho w as no m ean a u th o rity , a n d w ho had refused to ta k e office while th e e ar o f th e C ro w n w as in possession o f th e ladies o f th e b e d ch a m b e r, a n d o f wives a n d relations o f the M inistry h e h a d su p p la n te d , a n d w ho m ight exercise an influence hostile to his policy a n d G o v e rn m e n t. H e highly a p p ro v ed o f the c o n d u ct o f th e late P rovincial A d m in istra tio n in a so m e w h a t sim ilar line o f c o n d u c t, w hen they w ere p erm itted no voice in th e a p p o in t­ m ents to office o f persons w ho w eakened their G o v e rn m en t and political influence. H e felt c o n fid e n t th a t if a dissolution to o k place th e people o f U p p e r C a n a d a w ould m ark th eir ap p ro v al o f the c o n d u ct o f th e late M inistry by retu rn in g them alm ost unanim ously to their seats in th e H ouse. H e tru sted th e A ssem bly w ould never again be placed u n d e r th e y o k e o f th at oligarchy u n d e r w hich U p ­ per C a n a d a h a d so long g ro a n e d , and to w hich sh e h a d been indebted for so m an y o f h e r m iseries. W ith respect to th e Secret Societies Bill, he, M r. Price, felt certain th a t h a d not th e late M inis­

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try resigned on being inform ed th a t the royal assent w ould n o t be given to it, they w ould have been sco u ted by all their honest su p ­ p o rters. His h o n o u ra b le friend, the A tto rn ey -G e n e ral W est, had retired three tim es from office, ra th e r than sacrifice his principles. In bestow ing th e p a tro n a g e o f th e C ro w n o n th eir su p p o rte rs th e late Ministry' h a d only follow ed th e course invariably p u rsu ed by their predecessors, w ho had at least m onopolised n ine-tenths o f it. He th o u g h t th e d o c u m e n ts tran sm itte d to th e H ouse w ere o f a m ost e x tra o rd in a ry n a tu re , in w hich th e theory o f R esponsible G o v e rn ­ m ent w as acknow ledged, while its practical w ork in g w as d enied. H e w as certain th a t no M inistry co u ld th ereafter hold office in this Province for fo u r a n d tw enty h o u rs w ho did n o t accept office under th e principles o f R esponsible G o v e rn m en t. H e concluded by m o v ­ ing “ T h a t an h u m b le address be presented to his Excellency, h u m ­ bly representing to his Excellency th e deep regret felt by this H ouse at th e retirem ent o f certain m em bers o f the Provincial A d m in istra ­ tion on th e q uestion o f their right to be c o n su lted on w h at this H ouse unhesitatingly avow to be th e p rero g ativ e o f th e C ro w n a p p o in tm en ts to office: and fu rth e r to assu re his Excellency th a t the advocacy o f this principle entitles them to the confidence o f this H ouse, being in strict accordance with th e principles em b raced in the resolutions a d o p te d by the H ouse on the 3rd o f Septem ber, 1841” . . . . M r. C hristie, of G a sp e , said th a t a very serious charge w as co n ta in ed in th e docu m en ts before th e H ouse, a m o u n tin g to im ­ p each m en t against th e late M inistry. By it they w ere accused o f w ishing to bestow th e p a tro n a g e o f the C row n for th e increase o f their political influence, a n d th u s o f c o rru p tin g th e H ouse o f A s­ sem bly. T hey w ere also accused by it o f a tte m p tin g to degrade the c h a ra c te r o f th e G o v e rn o r, by im posing co n d itio n s on him d ero g a­ to ry to his high sta tio n . H e never for a m o m e n t co u ld have im ag­ ined th a t they h a d a tte m p ted such a thing. H e th erefo re co u ld never believe th a t th e d o cu m en t now before th e H ouse h a d e m an ated from his Excellency. H ad n o t this docum ent been pro d u ced a rec­ onciliation m ight have taken place. T his he regretted th e m ore, as he felt confident th at no M inistry co u ld now be form ed which w o u ld ob tain th e confidence o f the H ouse o r th e c o u n try . H e felt c o nfident th a t th e sta n d taken by th e late M inistry w ould be a p ­ p roved o f from o n e end o f th e Province to th e oth er. M r. B oulton (N ia g a ra ) did not see why th e principles o f R e­ sponsible G o v e rn m e n t co u ld n o t be applied to them as well as to th e p a ren t S tate. H e w ould su p p o rt th e late M inistry in the stand they h a d tak en . M r. C a rtw rig h t co u ld not u n d e rstan d how th e m em b er for N i­ a g a ra c o u ld su p p o rt th e late M inistry a fte r w hat had fallen from the

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m em b er for th e F irst R iding o f Y o rk w ith respect to th e oligarchy w hich h a d ruled U p p e r C a n a d a to its d e stru ctio n , w hen h e (M r. B oulton) h a d form ed p a rt o f th a t oligarchy for sixteen y e a r s - t h a t o lig a rc h y a m o n g w h o m e x iste d m o re t r u th , h o n o u r , lo y a lty , a n d a tta c h m e n t to th e paren t S ta te th an h a d ever existed u n d e r the h u m b u g o f R esponsible G o v e rn m e n t. H e th o u g h t the late M inistry m ight have chosen so m e m o re fit tim e for u psetting th e S ta te coach, a n d sto p p in g so m an y m easures in tra n situ , a fte r a session o f tw o m o n th s, a n d a fte r a n expense o f th o u sa n d s o f p o u n d s h a d been incurred. T h eir resignation w as m ere c la p -tra p , a n d resulted from th eir h aving discovered th a t they could n o t succeed in carrying th ro u g h som e o f th eir o b n o x io u s m easures. By th e m otion now before th e C h a ir they w ere actually im peaching a n d try in g th e G o v ­ e rn o r-G e n e ra l. S up p o sin g th e G o v e rn o r to be su p p o rte d by the Im perial a u th o rity , w ere they p re p are d to c arry o u t th e m em ber for R im o u sk i’s th re a t, to have R esponsible G o v e rn m en t in defiance o f all o p p o sitio n here o r elsew here? W ere they p repared to resort to physical force to o b ta in this? H e, M r. C a rtw rig h t, th o u g h t th a t as c an d id ate s for office th e natives o f this Province h a d a p rio r claim . But he did n o t think they h a d m uch right to co m p lain if som e o f th eir fellow -subjects from th e p a ren t S tate w ere som etim es a p p o in t­ ed to office in th e co lo n y , w hen they reflected o n th e g reat expense th e m o th e r c o u n try w as p u t to in affo rd in g them h e r p rotection. C o u ld they expect th a t any indep en d en t m an w ould ever becom e th eir G o v e rn o r to be a m ere p u p p e t in th e h a n d s o f a n Executive C ouncil - to m ove as they pulled th e strings? . . . [A fte r a n e x te n d e d a n d re p e titiv e d e b a te ] M r. W ak e fie ld m oved th e follow ing a m e n d m en t to M r. Price’s m otion: “ T h at a ccording to th e principles o f th e British c o n stitu tio n as declared to exist in this Province by th e resolutions o f th e H ouse o f A ssem bly o f th e 3rd o f S e p tem b e r, 1841, th e m em bers o f th e E xecutive C o u n ­ cil are responsible to th e people, a n d to this H o u se as th e represent­ atives o f th e p eople, for th e exercise o f every royal prerogative w ithin this P rovince: a n d th a t conseq u en tly , inasm uch as it w ould be m ost unjust to subject any m an to responsibility for acts in which he h a d n o t p a rticip a te d , it is indispensable th a t th e royal prerogative be exercised by his Excellency th e G o v e rn o r-G e n era l w ith th e a d ­ vice o f th e m em bers o f his E xecutive C ou n cil. T h a t a ccording to the aforesaid principles o f th e British c o n stitu tio n , th e Provincial re p re ­ sentative o f th e Sovereign c a n n o t be responsible o r in any way a cco u n tab le for th e exercise o f any b ra n ch o f th e royal prerogative to any Provincial a u th o rity w hatever; a n d th erefo re th a t h e can n o t constitutionally e n te r into any pledge, engagem ent o r assurance with th e m em bers o f th e E xecutive C ouncil, o r w ith any o th er person o r persons in th e P rovince, respecting th e fu tu re exercise o f

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th e prerogative. T h a t th e w ell-know n p ractice o f th e British consti­ tu tio n recognizes o n e effectual m eans, a n d no o th e r, o f securing the o bservance o f th e aforesaid principles; nam ely, th e resignation o f th e m em bers o f th e E xecutive C ou n cil, w henever, on an occasion o f sufficient im p o rta n ce to w a rra n t the ap p licatio n o f th a t legitim ate check u p o n th e exercise o f the prerogative, th e G o v e rn o r-G e n era l shall have failed to ask o r refused to follow th eir advice in som e p a rtic u la r case o r cases; b u t th a t if the H ead o f th e G ov ern m en t w ere to e n te r into any general engagem ent w ith th e m em bers o f his E xecutive C ouncil, o r even w ith this H ouse, bin d in g h im self in any wise, w h eth er directly o r by im plication, as to th e future exercise o f any o f his functions as th e representative o f th e Sovereign, he w ould openly divest th e C ro w n o f its acknow ledged prerogative, degrade th e royal office into obvious a n d proclaim ed su b o rd in a tio n to the E x ec u tiv e C o u n c il, a n d m o st se rio u sly im p a ir th e c o n s titu tio n w hich it is th e glory o f this Province to possess.” In su p p o rt o f this a m e n d m en t M r. W akefield delivered an a rg u ­ m entative a n d able speech. H e said th a t unless the principles o f R esponsible G o v e rn m e n t, as laid dow n in th e resolutions o f Sep­ tem b e r, 1841, were carried o u t, no g o o d g overnm ent could exist in a n y c o lo n y . T h o s e re s o lu tio n s sc a rc e ly la id d o w n a n y th in g m o re th an th a t th e responsible advisers o f th e C ro w n should resign when they co u ld no longer c o m m a n d a m ajority in th e H ouse. T h e o b ­ vious question w hich h a d now been raised betw een th e re p resen ta­ tive o f th e C ro w n in this colony a n d his advisers w as w hether the fo rm er w ould not pledge him self to give up to them th e royal prerogative. H a d th e G o v e rn o r su b m itted to this he w ould have been recalled, as having end an g ered th e rights o f th e C ro w n . If the M inisters found it necessary to differ in o p in io n from his Excellen­ cy, they sh o u ld have resigned at once, w ith o u t e n terin g into any specific agreem ent w ith him on th e subject. Such he (M r. W ak e­ field) w as certain w ould be th e op in io n o f th e people o f E ngland. N o t th a t E ngland w ould wish to coerce th e p eople o f this colony in th eir o p in io n s, for if they w ished to have, instead o f a G o v e rn o r divested o f all royal prerogatives, a President w ith such pow ers as th e la te A tto rn e y -G e n e r a l W est w o u ld c h o o s e to give h im , she w o u ld say to th em , “ T a k e w h at you w ish, a n d let us p a rt in peace;” for E ngland w as w eary o f th e dissensions a n d civil w a r w hich had lately distracted th e colony. But E ngland w ould never su b m it to have th e representative o f th e royal a u th o rity divested o f all pow er, a n d a m ere nullity in th e co lo n y . W ith respect to th e tim e th e late M in istry h a d c h o se n fo r th e ir re sig n a tio n s , it w a s m o st in o p p o r ­ tu n e , for they m ust h av e well know n th a t his Excellency w o u ld never su rre n d e r w h at w as d e m an d ed o f him . T h is they knew full well, and th erefo re m ight have tak e n so m e o th e r tim e for their d em a n d , and

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n o t, by m aking it now , have p u t a sto p to th e w hole business o f the c o u n try . T he m em ber for R im ouski h a d acknow ledged h im self a p arty m an . H e (M r. W akefield) agreed w ith him in this. M r. B ald­ win w as a p arty m an - an a m b itio u s p arty m an - and h a d taken this step to th e prejudice o f th e G o v e rn o r, a n d to increase his ow n influence in th e Province. W ith respect to th e m o tio n before the C h a ir, his Excellency co u ld n o t reply to it w ith o u t th e im plication o f p led g in g h im s e lf as re g a rd e d th e fu tu re p a tr o n a g e o f th e C ro w n . If it passed, it w ould b ring the H ouse into direct collision with th e G o v e rn o r, a n d cause a dissolution o f P arliam ent a n d a general election, w hich w ould th ro w th e w hole c o u n try into a state o f excitem ent a n d ferm ent, pro d u ctiv e o f m uch h a rm , particularly in L ow er C a n a d a . Sir C h arles B agot h a d elevated the m uch-abused F rench C a n a d ia n s, a n d had a fforded them a fair share in the gener­ al g overnm ent o f th e c o u n try . A n d this un an im ity a n d peace was now likely to b e e n d an g ered , because H e r M ajesty ’s late A tto rn ey G en eral W est in th e Province h a d not succeeded in m aking his Excellency th e G o v e rn o r-G e n e ra l agree w ith him in his theories a b o u t R e sp o n sib le G o v e rn m e n t: th e re w as n o o th e r re a so n on e a rth . H e (the late A tto rn ey -G e n e ral W est) ow ed his late position to th e F ren ch C a n a d ia n s, w ho h a d felt them selves b o u n d by politi­ cal h o n o u r to give him a sh a re in th e A d m in istra tio n , in w hich he only occupied a se c o n d -ra te p o sitio n , for at th e tim e it w as form ed he could only c o m m a n d five, o r at th e m ost six votes. In Lower C a n a d a , b eyond th e g reat cities little w as know n a b o u t R esponsible G o v e rn m en t, b u t its people h a d confidence in th a t G o v e rn m en t in w hich they saw o n e o f their ow n people occupying th e high station o f H er M ajesty’s A tto rn ey -G e n e ral E ast. C o u ld any o n e suppose th a t Sir C harles M etcalfe’s policy differed from the ju st a n d h u ­ m an e policy a d o p te d by Sir C h arles B agot? T h e G o v e rn o r-G e n era l w ould have deserved im peachm ent h a d he su rre n d ere d th e rights o f the C ro w n into th e h an d s o f his late advisers. S uppose th a t the Im perial a u th o rity su p p o rte d him in th e sta n d he had taken in defence o f th e royal prerogative, in w h at situ atio n w ould they be placed? W ere they (the people o f this colony) p re p are d to appeal to th e u ltim a ratio? Let them p o n d e r well on this. D id they im agine for a m om ent th a t Sir C harles M etcalfe, w ho h a d passed forty years o f political life w ith o u t blam e o r re p ro a c h , w ould recede from the position he h a d tak e n ? Because his Excellency w ould n o t subscribe to th e m em ber for R im o u sk i’s theories, they (th e A ssem bly) were likely n o t only to be b ro u g h t into collision w ith th e G o v e rn o rG e n era l, but also w ith th e Im perial a u th o ritie s, a n d th e w hole c o u n try w as likely to be convulsed with th e tu rm o ils o f a general election. M any able speeches follow ed, a n d several o th e r am en d m en ts

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w ere m oved. M r. L afo n tain e th o u g h t it necessary to offer som e fu rth e r ex p lan atio n s. H e h a d n o t, he said , been a n xious to ta k e office, a n d w hen th e a p p o in tm e n t he h a d lately held w as offered to him his o p in io n s with respect to R esponsible G o v e rn m e n t h a d been well k n o w n . T o c arry on any G o v e rn m en t satisfactorily it was necessary for its M inisters n o t only to have th e confidence o f the H ouse, a n d th ro u g h it o f th e p eople, b u t also o f th e H ead o f the G o v e rn m en t. If they w ere to have R esponsible G o v e rn m en t, let them have it; if n o t, let it be repealed; b u t he, M r. L afontaine, w o u ld never allow h im self to be placed in a position in w hich he m ight be liable to th e accusation o f deceiving th e H o u se, th e c o u n ­ try , a n d his friends. H e looked u p o n th e present state o f affairs as resulting from secret advisers a b o u t his Excellency’s p e rso n -----T h e several a m en d m en ts having been vo ted d ow n, th e vote w as finally tak e n on th e original m o tio n , w hich w as carried by forty-six to tw enty-three. M r. B oulton then m oved th a t th e follow ing a d d i­ tional clause be add ed to th e resolution adopted: “ T h a t this H ouse, in dutiful subm ission to th eir G ra cio u s Sov­ ereign, a n d with th e u tm o st respect for th e exalted sta tio n a n d high c h ara cte r o f his Excellency, is m ost a nxious to g u a rd against any m isconstruction w hich possibly m ight be placed upon th e affirm a­ tive declaratio n o f th eir opin io n u p o n this delicate a n d m ost vitally im p o rta n t c o n stitu tio n a l q u e stio n ; a n d th erefo re m ost hum b ly beg leave to disclaim , in a negative fo rm , any desire th a t th e H ead o f th e G o v e rn m e n t sh o u ld be called upon to e n te r into any stipulation as to th e term s upon w hich a Provincial A d m in istra tio n m ay deem it p ru d e n t either to accept o f o r c o n tin u e in office: th a t m utual confidence, w hich is essential to th e well being o f any governm ent, necessarily presum es th a t they are u n d e rsto o d , while a due respect for th e p rerogative o f th e C ro w n , a n d a p ro p e r c o n stitu tio n al deli­ cacy to w ard s H er M ajesty’s R epresentative, forbid th eir being ex­ p ressed .” T h e m o tio n w as seconded by M r. L afo n tain e. an d . after co n sid ­ erable discussion, w as carried by a vote o f sixty to seven. A n a d ­ dress to his Excellency, e m bodying th e resolution a n d a d d itio n , w as agreed to by th e H o u se, a n d o rd e re d to be engrossed. T h en , after o n e o f th e m ost m o m e n to u s debates know n to o u r P arliam entary h istory, th e H o u se a d jo u rn e d .

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Chaos T h e c o u n try w as left w ith o u t a M inistry. M r. D aly, th e sole re­ m aining m inisterial official, w as not seen in his place, ill health being th e reason assigned fo r his absence. F ro m day to day, and alm o st from h o u r to h o u r, th e G o v e rn o r c o n tin u ed his conferences w ith various m em bers o f P arliam en t. T h e contest w as no longer confined to h im self and his M inisters m erely, but w as betw een h im self a n d th e A ssem bly. T h e final o u tc o m e o f such a struggle co u ld n o t be d o u b tfu l, but m eanw hile th e business o f th e country w as im peded. A few days after th e vote on M r. Price’s m o tio n , M r. D . B. Viger a n n o u n ce d to th e A ssem bly th a t th e G o v e rn o r had a u th o rize d him to say th a t his Excellency w as engaged in form ing a n A d m in istra tio n . In reply to a q uestion p u t to him by a m em ber as to w hen th e G o v e rn o r expected to com plete his u n d e rta k in g , M r. Viger replied th a t th e A d m in istra tio n w o u ld be form ed “ as soon as possible.” O n th e 9th o f th e m o n th P arliam en t w as p ro ro g u ed , no M inistry having then been fo rm ed . D om inick D aly w as th e M inis­ try , a n d th e M inistry' w as D om inick D aly. T his state o f things co u ld n o t last, b u t th e G o v e rn o r’s difficul­ ties w ere m ost serio u s, a n d th e ingenuity o f his unofficial advisers w as taxed to th e u tm o st to pro v id e a rem edy. Portfolios w ere o f­ fered right a n d left, a n d , in th e parlance o f th a t day, office w ent abegging. A sp iran ts to office w ere n u m ero u s e n o u g h , but it w ould have been folly to a p p o in t persons w ho co u ld not c o m m a n d p o p u ­ lar su p p o rt, a n d th e only p erso n s w ho c o u ld c o m m a n d such s u p ­ p o rt w ere th e ex-M inisters. T h e latter dou b tless expected to be recalled, as th ere seem ed to be n o o th e r m eans w hereby public affairs could be c arried on w ith due respect to th e co n stitu tio n . But th e G o v e rn o r w as resolutely set against a d o p tin g such a co u rse, and declared th at ra th e r th an d o so he w ould resign. R esignation, in ­ deed. w ould have been his wisest policy, but th ere w as a via m edia.

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H e m ight have preserved h im self from even th e a p p ea ran c e o f su b ­ m ission to his ex-M inisters by giving c a rte blanche, say to M r. Viger, w ho m ight have a p p ro ac h ed M r. L afo n tain e a n d M r. B ald­ win with a reaso n ab le certainty o f being able to b ring a b o u t an a cc o m m o d a tio n . B ut th e G o v e rn o r’s foible a b o u t d egrading the p rerogative sto o d as an insu p erab le b a rrie r in th e w ay, a n d th e o u tlo o k w as far from hopeful. O n th e 12th, th ree days after th e p ro ro g a tio n , M r. D aly w as reinforced a n d kept in c o u n te n an c e by th e sw earing-in o f tw o new E xecutive C ou n cillo rs, in th e persons o f M r. Viger a n d M r. D ra p ­ er. T h o se gentlem en did not then accept offices o f e m o lu m en t, but m erely form ed a so rt o f Provisional G o v e rn m en t, a n d it w as u n d e r­ sto o d th a t th e offices w ould all be filled u p w ith o u t loss o f tim e. M r. V iger’s action in com ing to th e G o v e rn o r’s assistance a t this ju n c tu re enco u rag ed his Excellency in th e course h e w as pursuing. It w as h o p e d a n d believed at A lw ington H ouse th a t M r. Viger w ould be ab le to induce his fellow -countrym en to c o m e ro u n d to the G o v e rn o r’s views. H is u n d e rta k in g such a task w as a serious d isa p ­ p o in tm e n t to a g reat m ajority o f his, M r. V iger’s, fellow -country­ m en. It w as felt th a t his acts w ere inconsistent w ith his professions, a n d th a t he h a d falsified the record o f a long life; a life w hich h a d in g reat p a rt been spent in battlin g for p o p u la r rights. H is su p p o rt o f th e G o v e rn o r o f co u rse placed him in a n tagonism to M r. L afo n ­ taine, a n d could not fail to p ro d u c e m ore o r less division a m o n g th e F re n c h C a n a d ia n p o p u la tio n , w h o s e in flu e n ce m u st th e re b y be w eakened. It w as said by m an y th a t he h a d covered h im self with ignom iny in his old age. S om e o f his friends w ere so indiscreet as to m akes excuses for him on th e g ro u n d o f senility, excuses for which there does not seem to have been any fo u n d a tio n , as his intellect, for all practical purposes, w as still as vigorous as it h a d been in the days o f th e fam ous ninety-tw o resolutions. His m otives c a n n o t be p ro n o u n c ed upon w ith certainty. It is p ro b a b le th a t he th o u g h t M r. L afo n tain e ’s p o p u larity greater th an th a t g en tle m a n ’s services to his c o u n try m en called for, a n d th a t a certain a m o u n t o f m ental hostility w as, consciously o r unconsciously, a roused in him in consequence. M r. L afo n tain e, w hen a y o u th , had been a stu d e n t in his office. T h e stu d e n t had w on a higher place th an th e principal in p o p u lar regard. M r. V iger m ust have felt th a t his ow n sufferings in the n ational cause h a d been im m easurably g re ater th an M r. L afo n ­ ta in e ’s , a n d m ay h a v e c o n s id e re d th a t th o s e su ffe rin g s m erited higher recognition th a n they h a d received. T his, how ever, is nothing m o re th an plausible conjectu re. W h at is certain is th a t M r. Viger did not clearly u n d e rsta n d all th a t w as im plied in th e c o n te st: th at he succum bed to th e m agnetic influence o f Sir C harles M etcalfe; th a t, from w hatever cause, he w as sincere in his loyalty to the

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G o v e rn o r, a n d th a t he did his u tm o st to win o v er F ren ch C an ad ian opin io n to his w ay o f thinking. T h e G o v e rn o r, for som e reason o r o th e r, w as very sanguine as to M r. V iger’s prospects. T h a t gentle­ m an achieved, how ever, but a very slight m easu re o f success. T he French C a n a d ia n jo u rn a ls were lo u d in their c o n d e m n a tio n o f his c o n d u ct, the only exception being a jo u rn a l w hich w as largely su b ­ ject to his ow n direction. O n th e o th e r h a n d , th e C onservative papers in b o th Provinces lau d e d him to th e skies. A M o n treal pap er w hich, only six years before, w hen M r. Viger w as lying in gaol, had objected to his being “ fattened for th e gallo w s." now cam e forw ard as his stau n ch est c h a m p io n , a n d invited its readers o f w hatever nationality, to rally ro u n d h im . A ddresses to the G o v e rn o r-G e n era l po u red in from all p a rts o f th e Province. T h e q uestion betw een the G o v e rn o r a n d his late C ouncillors cam e to b e reg ard ed (as in fact it w as) as a direct issue betw een C onservative a n d R eform principles. Sir C harles M etcalfe, th e m an said to be “ sa tu ra te d th ro u g h and th ro u g h with L iberal o p in io n s,” w as thus m ad e to figure in th e role o f an o b stru c tio n ist a n d an o p p o n e n t o f th e p o p u la r will. T h e prom ise th a t th e m inisterial offices w ould speedily be filled w as not kept, for the all-sufficient reason th at persons w ho m ight ho p e to c o m m a n d P a rlia m en tary su p p o rt co u ld not be induced to accept them . C o n stitu tio n al G o v e rn m en t in C a n a d a w as practically su spended. D ays, w eeks, m o n th s rolled b y , a n d th e functions o f nine E xecutive C ouncillors c o n tin u e d to be m o nopolized by th e triu m ­ virate, com p o sed o f M essieurs D aly. Viger a n d D ra p er. T hese gen­ tlem en received m uch assistance from th e G o v e rn o r's private secre­ ta ry , C ap tain H igginson, w ho w as very im properly p erm itted to deal with affairs w hich o u g h t only to have been d ep u ted to a re­ sponsible M inister o f th e C ro w n . M r. V iger found pu b lic opinion in his ow n section o f the Province so strongly a gainst him th a t he issued a pam phlet d u rin g th e early weeks o f th e new y ear, in which th e a rgum ent fro m his point o f view w as su p p o sed to be set forth, a n d in which he rep ro ach ed th e ex-M inisters for having, in the c o u rse o f th eir e x p lan atio n s in a n d out o f P arliam en t, violated their o a th s o f office, by revealing m atters w hich they were b o u n d to keep secret. T h e p am p h let a fforded irrefragable evidence th a t th e a u th o r did not u n d e rstan d th e n a tu re o f the dispute. H e professed his d e v o tio n to R e sp o n sib le G o v e rn m e n t, a n d th e p rin c ip a l c h a rg e b ro u g h t by him a gainst th e ex-M inisters w as th a t th e latter had been guilty o f breaches o f official etiq u ette. T h e p a m p h le t called forth n u m ero u s rejoinders, a n d th e m em ber for R ichelieu can n o t be said to have im proved his positio n a m o n g his fellow -countrym en by his effort. T h e G o v e rn o r’s real to w e r o f stren g th w as M r. D ra p er. T hat excellent law y er's g reat ta c t, his subtlety o f intellect, his pow er o f

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lucid exposition, a n d his faculty for a d m in istratio n , were beyond all price at such a contingency. It w as said o f him by Sir C harles M etcalfe him self th a t his em inent capacity e nabled him to ta k e the place o f h a lf a dozen m en. T h a t he m ad e th e best o f the singularly infelicitous position in which th e G o v e rn o r w as placed is u n d o u b t­ e d ; tho u g h th e best w as bad e n o u g h . T h e G o v e rn o r co u ld not have a d o p te d any m ore effectual m eans o f alienating th e m em bers o f the R eform party from h im self th an by calling M r. D ra p er to his assist­ ance. M r. D ra p e r, th o u g h he h a d never been a m em ber o f the Fam ily C o m p ac t, w as o f as ultra-C o n serv ativ e a cast o f m ind as it w as possible for a m an o f his high intelligence to be. Som e o f th e leading R eform ers h a d in tim es past been m ade to feel th e weight o f his abilities, a n d this fact did not tend to m ak e them m ore c h a rita ­ ble to w ard s his o p in io n s. It has been seen th at he yielded his assent to th e principle o f E xecutive responsibility in th e A ssem bly, but the concession had been w rung from him , a n d it w as an open secret th a t his e n thusiasm for R esponsible G o v e rn m en t was very m o d e r­ ate. H e h a d been th e g reat o b stacle to liberal m easures and sm ooth g overnm ent p rio r to his resignation in S eptem ber, 1842, a n d it was felt th a t his retu rn to po w er a t this tim e po rten d ed no g o o d to liberal principles. T h ere can be no d o u b t th a t th e R eform p arty as a w hole w ere unjust to M r. D ra p er. T hey did not even give him credit for sincerity o r g o o d intentions. T he historian o f to -d ay , no m a tte r w hat his political o p in io n s m ay be, w ho con tem p lates M r. D ra p e r’s career as a n E xecutive C ouncillor, m ust doubtless arrive at th e conclusion th a t he w as w ro n g ; th a t he w as a n o b stru c tio n ista d rag o n th e wheel o f progress. But this fact w as by no m eans so easy o f recognition in 1844 as it is in 1881, a n d th ere is no good reason for im pugning his m otives, w hich, so far as can now be a scertained, w ere h o n o u ra b le a n d patriotic. N o im partial m ind can review th e acts a n d ch ara cte rs o f th e leading m em bers o f the C o n ­ servative p arty o f th o se tim es, a n d c o m e to th e conclusion lh at they w ere all selfish a n d insincere. N a y , it is evident enough th at they w ere at least as sincere a n d as zealous for the public good as were th eir o p p o n e n ts. T hey lived in a tim e o f tran sitio n , a n d their m inds h a d not yet learn ed to accept new ideas. T h eir o p in io n s are now held by no o n e on this side o f th e A tlantic, a n d can only be found flo u ris h in g in o u t-o f-th e -w a y c o rn e rs o f G re a t B rita in a n d c o n ti­ nental E urope. But in 1844 such opinions were co m m o n enough in all p a rts o f th e civ ilized w o rld , e x c e p t, p e rh a p s , in th e U n ited States. In C a n a d a they were honestly e n te rta in ed , a n d , generally speaking, as honestly acted u p o n . N o r are those o p in io n s in the least to be w ondered a t. T h e persons w ho held them h a d been train ed in th e school o f o ld-fashioned loyalty. Less th an a decade had elapsed since a large section o f their political antagonists had

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been in open rebellion. T hey them selves h a d pro v ed th eir devotion to their principles a n d their Sovereign by array in g them selves on the side o f a u th o rity . Scarcely h a d law a n d o rd e r been resto red w hen they fo u n d th at th e "re b e ls” h a d w on sy m p a th y , a n d even respect, by th e ir re b e llio n . A R e fo rm G o v e rn m e n t su c c e e d e d to p o w e r s o o n a fte rw a rd s , a n d it re ally seem ed to th e C o n se rv a tiv e s as th o u g h th e fact o f a m an ’s h aving been guilty o f treason w as the highest reco m m en d atio n to m inisterial fav o u r. Persons w ho openly bo asted o f th e p arts they h a d played d u rin g th e tro u b lo u s lim es o f 1837-’38 w ere a p p o in te d to h o n o u r a b le a n d lu c ra tiv e offices, w hereas th e loyalists w ho h a d m an n e d them selves in defence o f the G o v e rn m en t o f th e day w ere passed by. W as it any w o n d e r if they sm a rte d under a sense o f injustice? T h eir intellectual vision, be it rem em bered, w as lim ited. T h ey did not recognize th e fact th at the rebellion had been th e legitim ate result o f foul w rong. F ro m their po in t o f view , indeed, rebellion, for w hatever cause, w as a thing alto g eth er hateful a n d foul. D u rin g th e la tte r h a lf o f Sir C harles B agot’s term o f office som e o f them h a d slightly m odified their views on this subject, and tw o o r th ree o f their p ro m in e n t m em bers h a d even indulged in a little wild ta lk : but in th e m ain their o p in ­ ions w ere not only u n c h an g e d , but unchangeable. In dependently o f their political o p in io n s, they w ere for the m ost part h o n o u ra b le but non-progressive m en. R esponsible G o v e rn m en t seem ed to them a delusion a n d a sn a re, a n d a long stride in th e direction o f severance from th e m o th e r c o u n try . Let Sir C h arles M etcalfe indulge in as m uch sophistry’ as he m ight, they saw clearly e nough th a t the real q uestion at issue betw een him a n d his ex-C ouncfllors w as as to R esponsible G o v e rn m e n t, a n d for this reason they espoused his side in the quarrel w ith hearty goodw ill. As for th e G o v e rn o r him self, he, a professed L iberal, found h im self deserted by n ine-tenths o f the L iberals o f th e Province, while the old high T o ry p a rty w ere, to a m an . on his side. But he was th o ro u g h ly im practicable. H e w ould not w ork in full accord w ith any p a rty . H e professed his firm belief th a t p a rty governm ent w as th e only th in g for C a n a d a , a n d in th e next breath declared his antag o n ism to p a rty g o v e rn m e n t, a n d refused to be b o u n d by the principles applicable to such a system . H e never w earied o f repeat­ ing th a t the p a tro n a g e o f th e C ro w n m ust not be p ro stitu te d to p arty purposes. N o w . w h e th er p a rty g overnm ent is o r is n o t a good thing m ay p erh ap s be open to question, but it is certainly a n o m a ­ lous th a t th e necessity for p a rty g overnm ent sho u ld be conceded, w hile th e details w hereby its springs are kept in m otion are scouted a n d repudiated. Sir C harles, th e n , did n o t even m ake th e m ost o f his alliance w ith th e T ories. T h e m o n th s rolled by, a n d still there w as no M inis­

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try. M eetings w ere held all o v er th e Province, a n d th e people were in a fever o f a n ta g o n ism a n d excitem ent. T h e speakers a t th e T ory m eetings d e n o u n ce d th e ex-M inisters. A t th e R eform m eetings the G o v e rn o r a n d his su p p o rte rs w ere assailed w ith equal o r greater o p p ro b riu m . A m o n ster R eform A ssociation w as established at T o ro n to , with b ran ch es all o v er th e P rovince. F ro m o n e e n d o f the c o u n try to the o th e r n o th in g w as h eard but den u n ciatio n s o f Sir C h arles M etcalfe a n d c o u n te r d e n u n ciatio n s o f th e ex-M inisters. N ever h a d p a rty ferocity reached such a pitch in C a n a d a . M eetings were b ro k e n up by sh e e r physical force, a n d in not a few instances stones a n d b ludgeons were th e m o st effective arg u m e n ts em ployed. T h e political ethics o f G a lw ay seem ed to have been im p o rte d into th e c o u n try . T h e tim id w ere afraid to espouse either side o f th e q u a rre l, a n d yet w ere e sto p p ed from rem aining n e u tra l. In public speeches delivered from T o ry p latfo rm s, L afo n tain e, Baldw in, and H incks w ere declared to be intriguing to bring a b o u t th e a nnexation o f C a n a d a to th e U n ited States. O n th e o th e r h a n d , it is im possible to av o id th e o b serv atio n th a t th e extrem e w ing o f th e R eform ers w ere alto g eth er to o ra n co ro u s in their den u n ciatio n s o f th e G o v e r­ n o r a n d his allies. T h eir c o n stitu tio n a l a rg u m e n t w as so u n d enough. It w as in the highest degree reprehensible th a t th e m inisterial offices should be left unfilled m o n th a fte r m o n th . N o m o re positive ev­ idence could have been add u ced th a t th ere w as no intention to govern th e c o u n try in a cc o rd an ce with the principles o f R esponsible G o v e rn m en t. But th e u ltra -R e fo rm e rs, not satisfied with im peach­ ing th e G o v e rn o r’s u n c o n stitu tio n a l c o n d u c t, reviled him as a delib­ erately false-hearted a n d despotic m an w ho c are d n o th in g for the rights o f o th ers, a n d w ho w as eager to sta m p o u t th e liberties o f the people. O thers tried to hold him up to public c o n te m p t as an im becile old d o ta rd w ho h a d survived his faculties. T hey nicknam ed him “ C harles th e S im ple,” a n d “ O ld S q u a re to e s,” a n d thereby d egraded them selves m uch m o re th an th e representative o f Sover­ e ig n ty w h o m th ey a ssa ile d . T h a t re p re s e n ta tiv e w as least e n title d to th eir o u tw a rd respect, even if he h a d been a m uch w orse m an th an they p ro n o u n c ed Sir C h arles M etcalfe to be. M r. D ra p e r and M r. Viger were o f co u rse legitim ate objects o f a tta c k , but they were assailed with a m alignity w hich, in th e light o f th e present day, seem s very m uch like ferocity. T h e assaults w ere not confined to speeches at public m eetings. P am phlets in n u m erab le w ere put forth on b o th sides, a n d in all p a rts o f th e Province. A s for th e new s­ p a p ers, they w ere filled to overflow ing w ith gall a n d w o rm w o o d . C harges th e m ost o u tra g e o u s a n d u n fo u n d e d w ere m ade, on th e o n e h a n d against th e G o v e rn o r a n d his c h ie f su p p o rte rs, a n d on the o th e r against th e ex-M inisters. In m any instances it w ould seem th a t there w as n o t th e faintest a tte m p t to keep w ithin th e b o u n d s o f

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tru th in these c rim in atio n s. T h e country' h a d n o t been lashed into such a sta te o f fury since th e y e ar o f th e rebellion. F o rtu n a te ly , all th e c o n trib u tio n s to th e lite ratu re o f th e struggle w ere n o t o f th e m alignant c h a ra c te r above described. D r. E gerton R y erso n s’s w ell-know n p a m p h le t, [S ir C h a rles M e tc a lfe D efen d ed ag a in st th e A tta c k s o f his la te C ouncillors (T o ro n to , 1844)], and th e equally w ell-know n collection o f letters c o n trib u te d to T h e E x ­ a m in e r by M r. Sullivan u n d e r th e n o m d e p lu m e o f " L e g io n ” , and subsequently republished in p a m p h le t form [as L e tte rs on R esp o n ­ sib le G overnm ent (T o ro n to , 1844)], w ere such as m ight have been expected from th e c h ara cte r a n d abilities o f th eir respective a u th o rs. T h e w riters w ere w ide as th e poles a su n d e r in th e conclusions at which they arrived from th e sam e set o f facts, but they b o th went over th e g ro u n d very fully from their o p p o site points o f view , and these tw o p am p h lets form v a lu ab le ad ju n cts to a p ro p e r u n d e r­ sta n d in g o f th e d isp u te. D r. R yerson w as not a p o litician, a n d did not a rgue the m a tte r from a politician’s point o f view. His plea for th e G o v e rn o r, how ever, w as not w ith o u t its effect upon public o p in io n , a n d Sir C h arles pro v ed his a p p reciatio n o f th e D o c to r’s services by a p p o in tin g him S uperintendent o f Public Schools for U p p e r C a n a d a , a position w hich he filled w ith credit to him self and benefit to th e public for m any years. M r. Sullivan’s letters were ostensibly w ritten from a purely c o n stitu tio n al po in t o f view , and, th o u g h unbecom ingly flippant in m any passages, they w ere e lo ­ q u e n t a n d a rg u m en tativ e. T h ey displayed th e G o v e rn o r’s inconsis­ tency in a very stro n g light, a n d provided his o p p o n e n ts w ith som e unansw erable a rg u m e n ts. M r. Isaac B uchanan also furnished his q u o ta to th e discussion. N o tw ith stan d in g his zeal for R esponsible G o v e rn m en t, he to o k stro n g g ro u n d against th e ex-M inisters, and in favour o f Sir C h arles M etcalfe. T he o th e r p am phleteers o f less n o te w ere to o n u m ero u s to need p articu lar reference. A n im p o rta n t facto r in th e discussion, how ever, still rem ains to be m entioned. O n T u e sd a y , th e 5th o f M arch , 1844, ap p ea red the first n u m b e r o f th e T o r o n to G lo b e. Its fo u n d e r, M r, G e o rg e B row n, w as then a yo u n g m an o f tw enty-five. H e w as destined to play a very im p o rta n t p art in public affairs, a n d as no m an has m ore distinctly sta m p e d his individuality u p o n th e C a n a d ia n history o f his tim e, so m e p a rticu la rs o f his previous care er are in o rd e r in this place. G eorge B row n w as b orn at E d in b u rg h , on th e 29th o f N o v e m ­ ber, 1818. H e w as th e eldest so n o f Peter B row n, a g entlem an o f high intelligence a n d g reat force o f c h ara cte r, w ho w as engaged at different tim es in v a rious m ercantile a n d building o p e ra tio n s in the Scottish c ap ital. T h e son w as ed u ca te d , first at th e H igh School, an d afterw ards at th e S o u th e rn A cadem y o f E d in b u rg h . H e left

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school at an early age, a n d for so m e tim e assisted his father in his business p ursuits. A s he grew to m a n h o o d he developed a large vitality a n d force, acco m p an ied by a high te m p e r a n d stren g th o f will w hich gave p rom ise o f a successful career. T h e p rom ise o f the boy w as royally fulfilled in th e p erform ance o f th e m an . A t various co n ju n ctu res in his after life, G e o rg e B row n w as placed in positions w hich w ould have m eant u tte r defeat a n d failure to any one less liberally endow ed w ith vigour a n d d e te rm in a tio n o f will; but he seldom failed, by the sheer force o f his pow erful individuality, to c o n v ert w hat seem ed inevitable failure into a g re ater o r less degree o f success. His early experiences w ere o f a n a tu re to fit him for a h a n d -to h and struggle with th e w orld. H is precocity is sufficiently attested by th e fact th at before he h a d com pleted his eighteenth y e ar he was sent to L ondon to p u rch ase goo d s and supplies. In co u rse o f tim e reverses o f fo rtu n e cam e, a n d in 1838 fath er a n d son em igrated from S cotland to New Y o rk , w here they engaged in jo u rn alistic and o th e r pursuits, a n d w here they w ere so o n afte rw a rd s jo in e d by the o th e r m em bers o f th e fam ily. M r. Brow n th e elder w as not only a m an o f great n ative intelligence, but w as possessed o f a large fund o f political know ledge. T h o u g h he h a d been reg ard ed in E dinburgh as an advanced L ib e r a l - a n d ju stly so , tak in g th e prevailing to n e o f Scottish L iberalism in th o se tim es into co n sid eratio n - he w as a zealous u p h o ld er o f th e m onarchical principle, a n d o f th e c o n n ec ­ tion betw een C h u rc h a n d S tate. H e w as regarded by th e republicans o f th e N ew W o rld as so m e th in g nearly a p p ro a c h in g to a T o ry , but his know ledge and sagacity w on recognition. H e becam e a leading c o n trib u to r to T h e A lb io n , a w eekly n ew spaper published in New Y o rk in the interest o f the British p o p u la tio n . It w as during his c onnection with this periodical th a t he w rote " T h e F a m e a n d G lory o f E ngland V in d icated ,” in answ er to a foolish book by an A m e ri­ can, entitled " T h e G lo ry a n d S h am e o f E n g la n d .” In D ecem ber. 1842, in c o n ju n c tio n w ith his s o n . he e sta b lish e d T h e B ritish C h ro n icle . as th e o rg a n o f Scotsm en resident in A m erica. D uring th e sam e m onth th e son for th e first tim e cam e over to C a n a d a with a view to o b tain in g subscribers a n d p a tro n a g e for th e new venture. T h e decision o f th e H ouse o f L ords in the fam o u s A u c h tera rd er case h a d been p ro n o u n c ed a few m o n th s previously, a n d th e D is­ ru p tio n in th e S c o ttish N a tio n a l C h u rc h w as im m in e n t. T h e B row ns were veh em en t su p p o rte rs o f th e Free C h u rc h party , a party w hich h a d a large follow ing in C a n a d a , a n d w hich h a d begun to feel th e need o f an o rg a n . D u rin g a b rief so jo u rn in T o ro n to , y o u n g G e o rg e B row n form ed th e acq u a in ta n ce o f som e o f the leading citizens w ho espoused th a t side o f th e q u estio n . H is force o f ch ara cte r, and th e a p p are n t dep th a n d earnestness o f his convic­

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tio n s, m ad e an im pression u p o n all w ho conversed w ith him . It w as felt th a t he m ight be a po ten t ally o f the cause, a n d o vertures were m ad e to him to convert th e p a p e r w hich he represented into an e x p o n en t o f Free C h u rc h view s. T hese o v ertu res h e c o m m u n icated to his father by letter, and m eanw hile he proceeded on his to u r th ro u g h th e Province in th e interests o f his p a p er. A t K ingston he form ed th e a cq u a in ta n ce o f M r. Provincial Secretary H a rriso n , by w h o m he w as in tro d u c ed to o th e r leading m em bers o f th e A d m in is­ tra tio n . H e h a d a n a tu ra l taste for politics. T h e train in g he had received un der th e p a te rn al r o o f h a d o f co u rse been largely influen­ tial in form ing his o p in io n s, but he was by several degrees m ore adv an ced th a n his father, a n d w as soon on g o o d term s w ith the m em b ers o f th e C a n ad ian M inistry. N ew s o f Sir C harles M etcalfe’s a p p o in tm en t h a d ju st reached this c o u n try . S ir C h arles B agot was in capacitated from tak in g any sh a re in th e G o v e rn m e n t, a n d public business w as for th e tim e alm ost at a standstill. T h e prospective policy o f th e new G o v e rn o r w as a principal them e o f discussion a m o n g p o litic ia n s th r o u g h o u t th e P ro v in c e , a n d th e M in isters them selves, as w as to be expected, felt a vital interest in th e them e. T hey w ere surprised a t th e ready a n d firm g ra sp o f th e situation w hich M r. B row n displayed. H ere was a y o u n g m a n , an entire stra n g er in C a n a d a , w ith o u t any political experience, w ho h a d nev­ ertheless contrived in th e co u rse o f a sh o rt tim e to m aster various im p o rta n t local details, a n d to gauge th e m erits o f questions not easy o f so lu tio n , even to persons to th e m an n e r b o rn . T h e M inisters were m uch im pressed by his native shrew dness a n d a cu m en , as well as by his large vitality. T hey little th o u g h t, how ever, th a t th e tall, ra w -b o n e d , a n d so m e w h a t a w k w a rd -lo o k in g y o u th b e fo re them w ould in a few years becom e o n e o f th e forem ost m en in C a n a d a , a n d th e fo u n d e r o f w h a t m ay alm ost be characterized as a distinct school o f politics. A fter com pleting his to u r o f th e P rovince, he re tu rn e d to his ho m e in N ew Y ork w ith a glow ing account o f C a n a d a . T h e o v er­ tures from T o ro n to , w ere discussed, a n d the result o f th e final d eliberations betw een father a n d son w as th a t they rem oved to T o ro n to , w here, on th e 18th o f A u g u st, 1843, T he B a n n er was sta rte d under their auspices as th e C a n a d ia n organ o f th e Free C h u rc h p arty. T h o u g h not professedly a secular p a p er, T h e B anner en tered actively into th e political questions o f th e tim e, a n d gave a vigorous su p p o rt to th e A d m in istra tio n . It h a d been in existence but little m o re th a n th ree m o n th s w hen th e resignation o f th e M inisters o ccu rred , a n d th e struggle w ith th e G o v e rn o r began. T h e B anner espoused the cause o f the ex-M inisters, a n d argued th e c o n stitu tio n ­ al side o f th e q uestion with g reat ability, but its theological c h ara c ­ ter interfered to som e extent w ith its freedom o f actio n , a n d its

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circulation was alm ost entirely restricted to a d h ere n ts o f the sect in th e interest w h e reo f it had been founded. T h e d isp u te w ith the G o v e rn o r grew h o tte r a n d h o tte r as the w inter passed by, and the defects o f The B anner as a political pow er w ere felt m o re a n d m ore. The E x a m in e r w as still published in T o ro n to , but it w as not c o n ­ d u c te d w ith th e v ig o u r w h ich h a d c h a ra c te riz e d it d u rin g M r. H in c k s’s p ro p rieto rsh ip , a n d its popularity with the R eform party as a w hole h a d dim inished. T h a t party felt th e need o f a p ap er which sho u ld be their recognized o rg a n , a n d w hich sh o u ld be c a r­ ried on with spirit a n d vigour. W h o so fit to co n d u ct such an e nterprise as th e B row ns? T h e m asculine force and energy o f the so n w o u ld be a d m irab ly su p p lem en ted by th e know ledge a n d pow er o f expression o f th e father. T he sincerity o f th e political professions o f b o th w as b e yond q u e stio n , a n d th e "larg e d iscourse” o f the yo u n g er co u ld be tu rn e d to account on th e hustings. N egotiations were entered u p o n , a n d the result w as th e establishm ent o f a p u b li­ c atio n w hich, a fte r a career o f m o re th an thirty-seven years, still sta n d s p reem inent as th e leading new spaper o f British A m erica. M r. Brow n w as th u s fairly launched upon his c are er in C a n a d a . T h e G lobe m ad e a distinct im pression upon th e c o u n try from the issue o f its first n u m b er, w hich, as has been sta te d , ap p ea red on the 5th o f M arch . F o r long su b seq u en t to th a t d a te it w as published m erely as a w eekly, a n d it w as a very insignificant loo k in g sheet as c o m p a re d with th e jo u rn a ls o f th e present d a y ; but it w as w ritten with a vig o u r a n d robustness o f expression w hich m ad e it a pow er­ ful m ou ld er o f public o p in io n . It b attled valiantly for R esponsible G o v e rn m en t, a cc o rd in g to th e legitim ate a cceptation o f th e term , a n d a gainst th e restricted c o n stru ctio n w hich Sir C h arles M etcalfe a n d his advisers so u g h t to put upon it. It w as a n u n d o u b te d factor in th e contest, a n d its pow er, c o m b in ed with th a t o f T h e E x a m in e r. w as perceptibly felt by th e G o v e rn o r’s ad h ere n ts. It steadily gained g ro u n d in p u b lic fa v o u r, a n d e v e n tu a lly m a d e its fo u n d e r well know n all over th e Province. It is not necessary to pu rsu e M r. B row n’s career any fa rth e r at this tim e. In future pages he will claim th e share o f atte n tio n due to a m an w hose w idely-extended influence m ade itself felt to the rem otest confines o f th e Province, a n d w ho sta m p e d his n a m e indelibly upon o u r political life. T h e A ddress o f th e G o re C ouncillors, as it is called, a n d his E x ce lle n cy ’s R ep ly th e r e to , d e se rv e to b e sp e c ia lly e n u m e ra te d a m o n g th e im p o rta n t c o n trib u tio n s to th e literatu re o f th e struggle. A m o n g th e flood o f addresses by w hich th e G o v e rn o r w as deluged d u rin g th e w inter o f 1843-4 was o n e from th e W arden and C o u n cil­ lors o f th e G o re D istrict. It w as couched in the m ost respectful to n e , but declared th e belief o f th e signatories th a t public opinion w ould fully sustain th e late E xecutive in th e sta n d tak e n by them

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"o n th e plainly defined a n d easily u n d e rsto o d principles o f the British c o n stitu tio n ." T h e reply o f his Excellency is im p o rta n t, as show ing his e n tire faith in his professions, a n d his utter inability to perceive the tru e m erits o f th e question a t issue. H e represented h im self as being responsible, not only to th e C row n. P arliam en t and people o f the m o th e r c o u n try , but also to th e people of C a n a d a . He expressed his acceptance o f th e d octrine th a t it should be com petent to th e C ou ncil to offer advice o n all occasions, w h eth er as to p a ­ tro n ag e o r otherw ise: th at th e G o v e rn o r should receive it with the atte n tio n due to his c o n stitu tio n a l advisers, a n d consult with them in all cases o f a d e q u a te im p o rta n c e ; th at there sho u ld be a cordial co o p era tio n a n d sy m p ath y betw een him a n d th e m : th a t th e C ouncil sh o u ld be responsible to th e Provincial P arliam ent a n d th e people, a n d th a t w hen th e acts o f th e G o v e rn o r w ere such as they did not ch o o se to be responsible for. they should be at liberty to resign. A ny stu d en t o f o u r co n stitu tio n at th e present day will readily perceive th at these sta te m en ts, the sincerity o f w hich is in d is p u ta ­ ble. involve m o re th a n one fallacy. T o acknow ledge responsibility to th e people o f C a n a d a w as, to say th e least, m isleading on the part o f the G o v e rn o r. R esponsibility im plies a certain m easure ol c o n tro l on th e p a rt o f the po w er to w hich th e responsibility is due, an d the people o f C a n a d a h a d no c o n stitu tio n al co n tro l w hatever over th e acts o f th e G o v e rn o r. T h e only m eans o f o b tain in g redress against him for any violation o f his functions w as th ro u g h the Im perial a u th o ritie s. T he re m a rk s o f his Excellency o n th e subject o f the responsibility o f his C ouncillors have been h u m o ro u sly , and n o t ineffectively, p a ra p h ra se d by [N ich o las F lo o d D avin] in the follow ing language: “ H ow co u ld th e C ouncil be held responsible for acts over w hich they h a d no c o n tro l? . . . S uppose a m istress w ere to say to her c o o k . ‘ M ary . 1 will c ook the d in n er, but if the veal is roasted to a cinder y o u will be g o o d enough to tak e the responsibility. If th e fish is sent up h a lf co o k ed , if the so u p is a mass o f fat. if the turkey is raw . th e w hole b ru n t o f th e m aster s storm ing m ust fall on y o u ? " T he w hole text o f th e G o v e rn o r's reply was based upon false prem ises, a n d th e conclusions, w hich were equally w ide o f th e c o n stitu tio n a l m ark , were not even legitim ate deduc­ tio n s from his assum ptions. T he G o v e rn m en t offices w ere rem oved from K ingston to M o n ­ treal so o n a fte r th e o p e n in g o f nav ig atio n , a n d in th e course ol the su m m er his Excellency also rem oved his h e a d q u a rte rs fro m A lw ing­ ton H ouse to M o n k la n d s. a pleasant ab o d e situ ate d several miles w-estward o f th e last-n am ed c ity -----T he contest w ith Sir C h a rle s M etcalfe w as m ain tain ed with in­ creased virulence. T h e c o u n try w as in an u p ro a r from end to end. T h e ereat ex p ectatio n s w hich th e G o v e rn o r h a d been led to e n te r­

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tain respecting M r. Viger pro v ed to be u n fo u n d e d . T h a t gentlem an had betaken h im self to M ontreal a n d o th e r p arts o f L ow er C a n ad a , w here he had a ddressed public m eetings, h a d conferred with various m em bers o f P a rlia m en t, a n d generally h a d do n e his u tm o st to bring his c o m p a trio ts ro u n d to his ow n and th e G o v e rn o r’s views. In vain. T h e F rench C a n a d ia n s, as a body, held fast by M r. L afo n ­ tain e and his colleagues and w ould have no n e o f M r. Viger. T his w as a sa d d isa p p o in tm en t to th e G o v e rn o r a n d M r. D ra p e r, w ho h a d been aw aiting th e result o f M r. V iger’s exertions, and p o stp o n ­ ing arra n g e m e n ts in U p p er C a n a d a . S um m er set in, a n d the m inis­ terial offices still rem ained unfilled. T o w a rd s th e end o f Ju n e it w as resolved th at M r. D ra p e r sho u ld h im self proceed to th e Low er Province, with a view to definitely ascertaining th e sta te o f public feeling there. T h a t g entlem an accordingly rep aired to M ontreal, w here he spent th ree w eeks, a p eriod q uite long e n ough to enable him to gauge th e situ atio n . H e w rote to th e G o v e rn o r th at “ after diligently p rosecuting his inquiries, a n d extending his observations in all possible q u a rte rs, he c o u ld c o m e to no o th e r conclusion than th a t th e aid o f th e F rench C a n a d ia n p a rty w as not to be o b tain ed upon any o th e r th an the im possible term s o f th e resto ratio n o f B aldw in a n d L a fo n ta in e .” “ Im possible te rm s,” indeed; but the im possibility w as o f the G o v e rn o r’s ow n c rea tio n , a n d w as sim ply a ttrib u ta b le to his d e te r­ m in atio n not to give w ay. It w as, how ever, im possible th at m atters should rem ain as they were w ith o u t utter ruin to th e Province. T he a b se n c e o f a n y d u ly -c o n s titu te d E x ec u tiv e w o u ld e re lo n g b rin g com m ercial d isaster to th e c o u n try by destroying its credit. T he public m ind w as in an unsettled and anxious state. T h ere were g rave nervous forebodings a b o u t th e future. E xtrem ists hinted at im pending revolution a n d a narchy. T ra d e a n d industry began to be se rio u sly a ffe c te d . M e rc h a n ts a n d m a n u fa c tu re rs w ere a fra id to launch o u t into new enterprises. T h e w ant o f a responsible A tto r­ ney-G eneral w as already seriously felt in U p p e r C a n a d a , a n d was daily becom ing m o re im perative. R eform papers ran g th e changes upon O th e llo 's ph rase, " C h a o s is c o m e a g a in .” W here w as the rem edy? H ow w as a M inistry to be form ed? “ A fter the lapse o f seven m o n th s, du rin g w hich th e c o u n try had been w ith o u t an Exec­ utive G o v e rn m en t, M etcalfe w as told by one o f th e ablest, the m ost c le ar-h e ad e d , a n d th e m ost experienced m en in th e c o u n try , th a t it w as im possible to form a M inistry, according to th e recognized p rin c ip le s o f R e sp o n sib le G o v e rn m e n t, w ith o u t th e a id o f th e F rench C a n a d ia n party , a n d th a t th a t aid it w as im possible to o b ta in .” A n d why im possible to o b tain ? B ecause, fo rso o th , “ to recall Baldw in a n d L afo n tain e w ould be publicly to acknow ledge a defeat, to low er th e dignity o f the C ro w n , a n d to pave th e w ay for

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new e m b arrassm en ts w hich m ight be m o re insuperable th a n the o ld .” Yet no M inistry w hich did not include them co u ld gain the F rench C a n ad ian vote, a n d w ith o u t th a t vote no M inistry could h o p e to c o m m a n d a m ajority in th e A ssem bly. U n d e r R esponsible G o v e rn m en t, w hich th e G o v e rn o r ad m itte d to be in full force in the Province, a M inistry w ithout a m ajority o f su p p o rte rs in th e A s­ sem bly w as no M inistry a t all. H ow then w as th e G o v e rn m en t to be carried on consistently w ith th e principles o f th e C a n ad ian c o n ­ stitution? A ugust arrived, a n d this pro b lem still rem ain ed unsolved.

C hapter 15

An Appeal To the Country T h e u n p ro m isin g sta te o f affairs in C a n a d a naturally excited a c er­ tain a m o u n t o f speculation in th e m o th e r c o u n try . In th e H ouse o f C o m m o n s, so early as the 2nd o f F e b ru a ry (1844), L o rd Stanley, in reply to a q uestion from a m em b er o f th e O p p o sitio n , declared th at th e course p u rsu ed by Sir C h arles M etcalfe m et with th e entire and h e arty a p p ro b a tio n o f H er M ajesty’s G o v e rn m en t. O n th e 30th o f M ay a discussion on th e subject to o k place in th e H o u se, w hen M r. R oebuck drew a tte n tio n to th e fact th a t th e Province h a d rem ained for m o re th an six m o n th s w ith o u t an A d m in istra tio n . T h e speaker censured Sir C h arles M etcalfe’s pro ced u re stro n g ly , a n d asked for a n official expression o f opin io n on the subject. L o rd Stanley, in reply, speaking on b e h alf o f th e G o v e rn m en t, again expressed a p ­ proval o f Sir C h a rle s’s c o n d u ct, but his rem ark s show ed th a t he h a d been m isled, at least as to details. H e represented to th e H ouse th a t th e G o v e rn o r-G e n e ra l’s C ouncillors had d e m an d ed o f him th at he should bind h im self by w riting, u n d e r his h a n d and seal, not to m ak e, o r offer to m ake, any a p p o in tm en ts w hatever, save with their concurrence. T h e sam e thing h a d frequently been declared in C a n a ­ d a . th o u g h not by au th o rity o f th e G o v e rn o r, so far as the “ hand a n d seal” clause w as concerned, a n d th e ex-M inisters uniform ly denied having m ad e so a rb itrary a d em a n d . L o rd Stanley, how ever, o f c o u rse m ade the statem en t in g o o d faith, having been deceived, no d o u b t, by o n e o f those sources o f m ischief w hich have so often m isled m en in his position. H e c o m m e n d ed th e G o v e rn o r for hav­ ing refused to su rre n d e r th e p a tro n a g e o f th e C ro w n , a n d defended his action in reserving the Secret Societies Bill. L ord Jo h n Russell a n d Sir R o b ert Peel follow ed, a n d p ro n o u n c ed eulogies on the c o n d u ct and c h ara cte r o f S ir C h arles M etcalfe, but both o f them

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show ed, in the co u rse o f th eir re m a rk s, th a t they w ere not wellinform ed as to th e precise n a tu re o f th e dispute. In C a n a d a m atters w ent on from bad to w orse. M r. D ra p er, u p o n w h o m th e G o v e rn o r alm o st exclusively relied for advice on im p o rta n t questions, ren d ered loyal service to his Excellency, but he w as too patrio tic to sta n d quietly by and see th e Province drift into revolution o r an arc h y . A s th e su m m e r passed by he becam e urgent in his counsels. E arly in A ugust he p rotested to th e G o v e rn o r th at affairs co u ld n o t m uch longer be carried on w ith o u t an A d m in istra ­ tion. S ir C harles M etcalfe, w ho h a d been so ch ary o f his dignity w hen dealing w ith M essrs. L afo n tain e a n d B aldw in, to o k in good p a rt th e sh arp est counsel th a t M r. D ra p er saw fit to ad m in ister, and now began to bestir him self in g o o d earnest. A system atic canvass o f m em bers o f P arliam ent w as set on foot. T h e post o f A tto rn ey G en eral for L ow er C a n a d a w as successively offered to four leading F re n c h C a n a d ia n s , a n d d e c lin e d by th e m a ll. T h e la tte r w ere stau n ch in their allegiance to M r. L afo n tain e a n d M r. Baldw in, and w ere n o t to be tem p ted . A fter som e further fruitless nego tiatio n s the G o v e rn o r w as driven to th e conclusion th a t he m ust get along w ith o u t French C a n a d ia n assistance, a n d m ust rely u p o n the British alo n e. H e next offered th e A tto rn ey -G e n e ralsh ip for L ow er C a n ad a to tw o British residents o f th a t p a rt o f the Province, by both o f w hom th e post w as declined. T h e portfo lio h a d thus been succes­ sively offered to , a n d declined by, six persons. But perseverance met its rew ard . A seventh offer, m a d e du rin g th e fo u rth w eek in A ugust, to M r. Jam es S m ith , w as successful. M r. Sm ith w as entirely devoid o f legislative experience, having never h a d a seat in P arliam ent, nor w as h e o f any special n o te in his profession. H e w as m erely a respectable m em ber o f the M ontreal b a r. o f m o d era te o p in io n s, and o f fairly in d u strio u s habits. A b o u t th e sam e tim e, in consequence o f delicate a p p ro ac h es at second h a n d . D enis B enjam in P apineau was induced to accept th e office o f C o m m issio n e r o f C ro w n L ands. He already h a d a seat in the A ssem bly, having, as has been seen, succeeded the H o n . C harles Dewey D ay in th e representation o f the c o u n ty o f O tta w a . T he G o v e rn o r considered it no slight trium ph lh a t he h a d been able to induce a b ro th e r o f th e arch-insurgent to accept office at his h a n d s, as it co u ld no longer be alleged th a t he h a d been entirely unsuccessful w ith th e F rench C a n a d ia n elem ent in th e p o p u latio n . M r. P a p in ea u w as a m an o f high c h ara cte r, a n d o f m o re th an av erage ability, but he suffered from partial deafness, an infirm ity which to som e extent interfered with his usefulness at the C ouncil B oard as well as in the H ouse. A m ore im p o rta n t addition to th e M inistry w as W illiam M o rris----- T h e office assigned to him w as th a t o f R eceiver-G eneral. T h e three new M inisters w ere sw orn into office in th e beginning o f S eptem ber. M r. D ra p e r at th e sam e

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tim e becam e A tto rn e y -G e n e ra l for U p p e r C a n a d a , a n d M r. Viger President o f th e C o u n c il. M r. D aly retained th e Provincial S ecretary­ sh ip for L ow er C a n a d a . So th a t, a fte r a m inisterial interregnum o f m ore th a n nine m o n th s, th e six m ost im p o rta n t offices in th e C a b i­ net w ere filled, a n d th e G o v e rn o r w as disposed to su m m o n P arlia­ m ent for th e despatch o f business. T o do so, how ever, w ould have been to e n co u n ter certain defeat in the A ssem bly, w here th e exM inisters co u ld c o m m a n d a n easy m ajority. A dissolution w as ac­ cordingly resolved u p o n , a n d on th e 23rd o f S ep tem b er w as carried into effect. O n th e follow ing day w rits, m ad e re tu rn a b le o n th e 12th o f N o v em b er, w ere issued for a new election. It w as d eterm ined not to fill any m ore o f th e m inisterial offices until th e result should be kn o w n . 1 Such a n election h a d never been w itnessed in C a n a d a . T h e first contest u n d e r th e U n io n had been sto rm y e n o u g h , but th a t o f 1844 stan d s out as a unique episode in o u r history. T h e w ell-w ishers o f R esponsible G o v e rn m e n t felt th a t it w as on its trial, a n d put forth their m ightiest energies. T h e su p p o rte rs o f th e G o v e rn o r w ere fully aw ake to th e im p o rta n ce o f th e crisis, a n d left no sto n e u n tu rn ed to p ro c u re the retu rn o f c an d id ate s favourable to their policy. T he G o v e rn o r h im self felt th at his p o sth u m o u s re p u ta tio n w as at stake, a n d he did not scruple to tu rn his personal influence to a cc o u n t, as well as to resort to stra ta g em s w hich he despised, in o rd e r to win votes. F ro m e n d to e n d o f th e Province th e excitem ent w as unprece­ de n te d . In m any places there w ere rioting a n d blo o d sh ed . W herever such a course w as practicable th e tro o p s a n d m ilitia w ere w arn ed to hold them selves in readiness, a n d in several places they were a c tu a l­ ly called o u t . . . . T h e result o f th e elections as a w hole w as a sm all m ajority for th e G o v e rn m en t. O f co u rse, b o th parties w ere accused o f th e m ost unblushing bribery a n d c o rru p tio n , a n d there seem s to be good reason for believing th a t m an y o f th e accusations on b o th sides were tru e. It w as a contest w herein m uch w as involved, a n d as to w hich b o th parties felt stro n g ly . W e m ay be su re th a t no petty scruples w ere p erm itted to sta n d in th e w ay o f o b tain in g votes. T h e influence o f m o b law w as g re at in th o se days, a n d w as in m o re th an one instance tu rn ed to th e fullest a c c o u n t. T h ere seem s to be no possi­ bility o f d o u b tin g th a t several re tu rn in g officers were guilty o f the m ost c o rru p t a n d crim inal ab u se o f their o p p o rtu n ities. T he excuses a fte rw a rd s m ade by th e T ories for flagrant c o rru p t practices was th a t they had helped the G o v e rn o r to m aintain his Sovereign’s cause against a rebellious people: and doubtless this w as a not u n co m m o n feeling th ro u g h o u t th e Province w herever T o ry influ­ ence w as p re d o m in an t. N o t a few m o d era te R eform votes were recorded in fav o u r o f his Excellency’s policy from d re ad o f the

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consequences o f a pro lo n g ed interregnum . It w as felt th a t th e c o n ­ firm ed m ild patern al rule, even o f a G o v e rn o r w ho did n o t believe in R esponsible G o v e rn m en t, w as better th a n such a sta te o f things as th e c o u n try h a d seem ed to be insensibly d rifting into since the resignation o f th e M inisters nearly a year before. In L o w er C a n a d a , all th e in flu e n ce w h ic h th e G o v e rn m e n t co u ld bring to bear succeeded in o b tain in g but a slight m easure o f success, so far as success is to be estim ated by actu al pow er in the A s s e m b ly .. . . In U p p e r C a n a d a th e loyalty cry w as found m ost effective, and th e G o v e rn m en t h a d a very distinct triu m p h : a triu m p h w hich was signalized not only by the re tu rn o f a large m ajority in fav o u r o f th eir policy, b u t by th e defeat o f som e o f th e m ost c onspicuous o f th eir o p p o n e n ts. M essurs. B aldw in. Sm all a n d Price h a d to o stro n g a ho ld to be dislodged in th eir respective constituencies (the F o u rth . T h ird a n d F irst R idings o f th e county o f Y o rk ), b u t they were op p o se d by G o v e rn m e n t c an d id ate s with such pertin acity , th a t their su p p o rte rs were com pelled to w ork with unflagging energy in order to secure their election. M r. H incks, m uch to th e su rp rise o f his late colleagues, w as defeated in O x fo rd by R o b ert R iddell, a local c a n ­ d id ate w ho h a d been set u p by th e G o v e rn m e n t p a rty . T h e exln sp e cto r-G e n era l h a d m eanw hile becom e a resident o f M ontreal, w here he had established a new spaper o f a c h a ra c te r sim ilar to that o f T h e E xa m in e r. A t the tim e o f th e resignation o f th e M inisters th e w ant o f a R eform p a p er p rinted in the English lan g u ag e was m uch felt by th e British residents o f M o n treal, w here all th e English jo u rn a ls espoused th e G o v e rn o r's side. T h ere w as a n o th e r cause w hich m ade M ontreal a likely sp o t for th e establishm ent o f an English R eform n ew spaper - it w as so o n to be th e Seat o f G o v e rn ­ m ent. M r. H incks accordingly established T h e Pilot there early in 1844. T h e p a p er w as c onspicuous for precisely th e sam e qualities which h a d m ad e T h e E x a m in e r a pow er in th e land so long as it rem ained in M r. H incks’s h a n d s. It did good service to th e cause w hich its founder h a d espoused, b u t w hen M r. H incks w ent up to O xford for reelection he fo u n d th a t hostile influences had been at w o rk , a n d th a t th e G o v e rn m en t p a rty h a d o b tain e d a large follow ­ ing. T he contest w as keenly fought o u t, a n d resulted in th e retu rn o f M r. Riddell by a m ajority o f tw enty votes. M r. H incks did not o ffer him self elsew here, and did n o t sit in th e Second Parliam ent. H e for th e tim e confined his energies to his p a p er, and we shall not m eet him again until the next general election. His defeat w as a decided triu m p h for th e G o v e rn m en t p a rty , a n d an equally decided blow to the O p p o sitio n ___ W hile the elections w ere in progress M r. H enry S h erw o o d accepted th e office o f S o licito r-G en eral for

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U p p e r C a n a d a , hut w ith o u t a seat in th e Executive C ouncil. He w as reelected to the A ssem bly by th e citizens o f T o ro n to . Parliam ent m et at M ontreal on T h u rsd a y , th e 28th o f N ovem ­ ber. T h e state o f parties in th e A ssem bly w as clearly defined by the v ote on the S peakership. H is Excellency desired th e presence o f the m em bers ol the A ssem bly in the Legislative C ouncil C h am b er, and a n n o u n ce d , th ro u g h th e S p eak er o f th at body, th a t he did no t see fit to declare th e cause o f su m m o n in g P arliam ent until a S p eak er o f th e A ssem bly should have been chosen according to law . T he m em ­ b ers o f A sse m b ly a c c o rd in g ly re tu rn e d to th e ir o w n C h a m b e r, w h ereu p o n M r. A tto rn ey -G e n e ral Sm ith p ro p o se d Sir A llan N a ­ pier M a c N a b as S peaker. T h e m otion w as seconded by W illiam H enry S co tt, m em b er for T w o M o u n ta in s. C olonel Prince, w ho had been reelected for Essex, then p roposed th e ex-M inister, M r. M orin, a n d his m o tio n w as seconded by M r. C hristie, w ho h a d also been returned for his old c o n s titu e n c y -G a s p e . A fter m uch discus­ sion the vote w as tak e n , a n d Sir A llan w as clected by a m ajority o f th ree ; thirty-nine votes being recorded for him as a gainst thirty-six [not] in his fav o u r. All th e F ren ch C an ad ian m em bers voted for M r. M o rin , except th e new C o m m issio n er o f C row n L ands a n d M r. D e Bleury, o n e o f th e a b o v en am ed new m em bers-elect for th e city o f M o n treal. Sir A llan lab o u re d under th e d isadvantage o f being u n a c ­ q u a in te d with th e F rench language, but w as in o th e r respects well suited for th e Speakership. O n th e follow ing d a y th e session w as form ally o p en ed by his Excellency. T he Speech from th e T h ro n e w as o f considerable length, a n d to u ch ed u p o n v a rious topics o f public interest, but it had not been very cunningly d ra w n . Its first clause tacitly acknow ledged th a t there had been g reat delay in assem bling P arliam ent, a n d an alto g eth er insufficient reason w as assigned for th e delay. " I have assem bled you a t the earliest p eriod th a t th e c om pletion o f the general election w ould a llo w ,” said his Excellency. T he obvious criticism suggested by such a rem ark is th a t th e general election ought to have been held so o n e r, a n d th at th e business o f th e c o u n ­ try had been prejudiced by th e unnecessary delay. T o w ard s the close o f th e Speech there w as a quasi adm ission o f im propriety on th e p art o f the G o v e rn o r in not so o n e r filling th e various m inisterial o ffic e s .. . . O gle R obert G o w an [was] th e new m em ber for Leeds. . . . H e w as an Irishm an by birth , a n d a native o f th e c o u n ty o f W exford, w here he had been prom in en tly connected w ith th e O range body from his early y o u th , a n d h a d w ritten several p am p h lets on politicoreligious subjects. H e h a d also connected h im self w ith tw o weekly new spapers, to b o th o f w hich he h a d been a volum inous c o n trib u ­

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to r. In 1829 h e em igrated from Ireland to U p p e r C a n a d a , and settled at E scott P a rk , in th e c o u n ty o f L eeds. H e h a d not been m uch m ore th a n a year in th e country w hen h e w rote a pam phlet on R esponsible G o v e rn m en t, w hich w as th e m eans ol m aking him well know n to U p p e r C a n a d ia n politicians. In due tim e he found his w ay into th e old P arliam ent o f U p p e r C a n a d a , a n d to a c o n n ec ­ tio n w ith several n e w sp a p e r e n te rp ris e s . H e b e c a m e . . . G ra n d M aster o f th e O ra n g e body in British N o rth A m erica, a position w hich he occupied for a b o u t tw enty years, a n d which enabled him to exercise a vast influence. In politics he w as a distinctly p ro n ­ o u n ced C onservative, so far as his fast a n d firm alliance w ith th at body w as co n cern ed , but he entertain ed m odern a n d enlightened views on som e im p o rta n t public questions. D u rin g th e rebellion he to o k a p ro m in e n t p a rt on th e loyal side, and w as present at the ca p tu re o f H ickory Island, as well as at th e engagem ent near Pres­ c o tt, know n as th e b a ttle o f th e W indm ill. A t th e la tte r engagem ent he w as thrice w o u n d ed . H e h a d previously received from Sir F ra n ­ cis H ead th e c o m m a n d o f a regim ent o f m ilitia, and w as afterw ards p ro m o te d by S ir Jo h n C o lb o rn e to a c o m p an y in the Q u een 's Ow n Rifles. L ater still he attain ed th e ran k o f L ieu ten an t-C o lo n el. He d id n o t sit in th e first P arliam ent under th e U n io n , but did good w ork for th e C onservative side by m eans o f a vigorously conducted w eekly new spaper established by him a t Brockville som e years be­ fore, a n d know n as T h e S ta te sm a n . D uring the so jo u rn o f the G o v e rn m en t at K ingston this n ew spaper w as rem oved th ith e r. It op p o sed L ord S ydenham a n d Sir C harles B agot w ith com bined volubility a n d vigour. W ith Sir C harles M etcalfe its ed ito r early established friendly relations. W hen the ru p tu re with th e M inistry to o k place, M r. G o w an becam e o n e o f th e stau n ch est allies o f the G o v e rn o r, and o n e o f the fiercest assailants o f th e ex-C ouncillors. A t th e general election o f 1844 he w as re tu rn e d for th e c o u n ty o f Leeds, a n d u p o n th e open in g o f P arliam ent to o k his seat in the A ssem bly as th e unco m p ro m isin g a d v o cate o f th e G o v e rn o r's poli­ cy. M r. G o w a n 's w ritings everyw here exhibit a considerable degree o f rugged but uncultivated stre n g th . It is im possible to read his articles w ith o u t perceiving th a t he w as n o t, in th e m o d ern , o r in­ deed in any p ro p e r acceptation o f th e term , a n educated m a n , o r o n e w ho knew how to m ake th e m ost o f h im self w hen his pen was in his h a n d . Still, there w as a hom ely, coarse rob u stn ess in his w ritings w hich p ro b ab ly found its w ay to th e u n d erstan d in g s o f his readers m ore quickly and effectually th an articles w ritten in th e style o f M r. G la d sto n e ’s state p ap ers w ould h a v e d o n e . As a sp e a k er he w as long know n as o n e o f th e m ost effective in th e A ssem bly. His training in O ra n g e lodges h a d given him a readiness o f expression

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w hich enabled him to d o full ju stic e to th e vein o f eloquence which is proverbially a n a ttrib u te o f his race, a n d which he inherited in no co m m o n degree. H e w as an able, active-m inded m an , destined to attain to higher distinction th an h a d yet com e in his w ay, a n d to leave distinct traces o f his life’s w ork behind him . D r. W olfred N elson . . . h a d ob tain ed an unenviable notoriety by reason o f his c onnection with th e rebellion, but it is a circu m ­ stan ce w orthy o f being rep o rted in his favour th a t he never lost the personal respect o f even th e m ost loyal o f his form er friends, in c o nsequence o f his action in aiding a n d heading an arm ed insurrec­ tion against duly c o n stitu ted a u th o rity . N either did he ever lose his respect for him self. N o o n e ever v e ntured to d o u b t his perfect sincerity, disinterestedness, a n d g o o d faith. It is a tren c h an t c o m ­ m entary upon the sta te o f affairs w hich prevailed in the Low er Province in !837-’38, th a t a m an o f respectable English descent, and possessing a high sense o f m o ral rectitude; a m an o f irreproachable private c h ara cte r, o f high sta n d in g in o n e o f th e learned professions, in good pecuniary circum stances, a n d o f u n d o u b te d loyalty and g o o d sense, should have been driven into hoisting th e s ta n d a rd o f rebellion. H e w as b orn at th e C ity o f M ontreal in 1792. A fter receiving his ed u catio n h e studied m edicine, a n d even du rin g his stu d e n t days w on a high re p u ta tio n for surgical skill. U p o n o b tain in g his license to practice, in 1811, he settled at St. D enis, a p leasant little village in th e c o u n ty o f St. H yacinthe. H e w as a large-hearted m an , and, notw ith stan d in g his English descent a n d training, w as able to enter into th e sym pathies a n d feelings o f the h a b iia n s w ho form ed the bulk o f th e rural p o p u latio n . H e sp o k e th eir dialect as glibly as his o w n , a n d soon found his w ay to th e hearts o f th e entire French C an ad ian po p u latio n in a n d a b o u t St. D enis. Patients flocked to him , a n d he w as frequently not only their physician, but th eir advis­ er on tem poral m atters. D u rin g th e w a r o f 1812-’ 15 he served as surgeon o f a b a tta lio n raised in th e district, a n d acquired an u n u ­ sual degree o f fam iliarity with m ilitary tactics. A t th e close o f hostil­ ities he retu rn ed to his quiet h o m e at S t. D enis. H e to o k a w arm interest in public affairs, his sym pathies being strongly on th e p o p u ­ lar side, insom uch th a t he w as n icknam ed “ th e Frenchified E nglish­ m a n ." H e resisted all im portunities to enter political life until he h a d reached his thirty-fifth year, by w hich tim e he h a d am assed a com petent fo rtu n e, a n d w as in a position to ta k e liberties w ith his future. H e certainly availed him self o f his privilege in this p articular to th e fullest extent. In 1827 he w as retu rn ed to th e L ow er C a n a d i­ an A ssem bly. H e m ad e his m ark in P arliam ent, not only as a fluent a n d earnest speaker, but as a m an w ho en te rta in ed stro n g opinions w hich w ere w o rth liste n in g to . H e d e v o te d h im s e lf to fin d in g a

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rem edy for th e m any grievances under w hich th e people suffered, a n d after a tim e becam e a fellow -w orker with P ap in eau . F o r years, how ever, he tried to stem th e c u rre n t w hich he foresaw w ould, if unchecked in its co u rse, eventually lead to rebellion. A p a rt from the consideration lh a t he had th e sym pathies o f an E nglishm an, and was loyal to his Sovereign, he well knew th at any a ttem p t at rebel­ lion in C a n a d a m ust prove ineffective. H is object w as not disinte­ g ra tio n . but m erely to gain for British subjects in C a n a d a th e sam e rights w hich British subjects enjoyed elsew here. C o n tin u e d o p p re s­ sion and m isgovernm ent, how ever, a t last did their w ork. H undreds o f suffering a n d illiterate p e asan ts looked to him fo r advice and su p p o rt. P apineau h o u n d e d them o n . a n d th e D o c to r w as draw n into the vortex. T h e die h aving been cast, he threw h im self into the struggle with characteristic energy. H e w as th e m ost active o rganiz­ e r a n d d irector o f th e revolutionary m easures. T he G overnm ent w ere apprized o f th e drillings a n d m anoeuvres in progress in various p arts o f the Province. On th e 23rd o f N o v e m b er. C olonel (after­ w ard s Sir C harles) G o re , a veteran o f W aterlo o , w ho w as at this tim e on service in C a n a d a , bore dow n upon St. Denis w ith a body o f infantry and v o lunteer cavalry at his b ack . D r. N elson, with a little force o f h a b ita n t, w as e ntrenched there, and defended the place like a veteran. It is agreed on all h an d s th a t he conducted o p e ratio n s like o n e w ho h a d been a m an o f w ar tro m his youth. C olonel G o re and his forces w ere com pelled to retreat, leaving behind them w o unded soldiers w ho were m inistered to in th e k in d ­ est a n d gentlest m an n e r by D r. N elson him self. T h ere is no need to p ro lo n g details, n o r to tell the tragical story o f L ieutenant W eir. T h e repulse o f C olonel G o re merely p o stp o n e d th e inevitable result. T h e rebellion w as so o n c ru sh ed , a n d th e leaders fled. A rew ard o f tw o th o u sa n d dollars w as offered for D r. N e lso n ’s c ap tu re. A fter a few days, d u rin g w hich he suffered u n to ld m iseries from hunger, cold, a n d exposure, he w as cap tu red in th e w ilderness n e ar the U nited States fro n tier, and conveyed to M o n treal, w here he w as lodged in gaol with a n u m b er o f his fellow -conspirators. T h e suffer­ ing which he h a d u n d erg o n e p ro d u ced a p ro stra tio n o f the system from which he w as long in recovering, but he c o n d u cted him self w ith a m an ly c o m p o s u re a n d se lf-p o sse ssio n w h ich effectu ally proved th e quality o f his m ind, a n d w hich w on respect from all. He indulged in no useless repinings. H e had played a desperate gam e, and had lost. H e resigned h im self to pay the penalty o f d e ath . But be tte r things w ere in sto re for him . [A fter b a nishm ent to B erm uda he w as p erm itted to retu rn to C a n a d a a n d to engage in medical practice in M o n tre al.] . . . In his futile struggle he had lost nearly all his p ro p erty , a n d w as com pelled to begin the w orld anew . H e buc­ kled on his a rm o u r for the struggle w ith tru e Saxon courage, a n d no

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one ever heard him co m plain o f his lot. T h e in h ab itan ts o f Richelieu now testified their esteem for him by electing him to P arliam en t over the head o f no less a m an th a t Sir C harles M etcalfe's President o f the C ouncil. T he rest o f his life w as passed in h o n o u r, w ith o u t sp o t or stain. H e w as twice elected M ay o r o f M o n tre al, and subsequently rendered good service to his c o u n try as Inspector o f Prisons. He c o n ­ trib u ted largely on professional subjects to the m edical press o f C a n a ­ d a a n d th e U nited States. Joseph E d o u ard C a u c h o n , w ho to o k his seat in th e Assem bly for th e county o f M o n tm o ren cy , w a s - a n d i s - o n e o f th e m ost re m ark ab le F rench C a n a d ia n s o f his d a y . . . . H e w as at this tim e in his tw enty-eighth y ear, having been b orn at Q uebec in 1816. He cam e o f a good F rench fam ily, a n d had enjoyed an excellent sc h o ­ lastic training. A s a you n g m an he developed ra re qualities o f m ind. H e stu d ied law , and was called to th e b a r, but devoted him self chiefly to j o u r n a l i s m - a calling for w hich he w as in som e respects well fitted. H e w as a c o ll a b o r a t e s o f E tienne P arent in th e conduct o f L e C anadien. W hen th a t g entlem an w as elected to P arliam ent, in 1841, M r. C a u ch o n becam e editor-in-chief. His editorial c are er at this tim e w as m arked by u n b o u n d e d energy a n d tem erity, but by m uch indiscretion. H e h a d entertain ed stro n g political sym pathies alm ost from his c h ild h o o d , a n d long before he co u ld be expected to furnish a n y g o o d reason for th e political faith th a t w as in him . T he o p in io n s o f o n e w ho is g uided by his sym pathies a n d prejudices ra th e r th a n by his reason c a n n o t be o f m uch value, a n d this was precisely the case o f yo u n g C a u ch o n w hen h e succeeded to the editorial chair o f L e C a n a d ie n . He w rote w ildly d en u n ciato ry a rti­ cles, a n d erelong b ro u g h t dow n upon h im self th e in dignation o f G o v e rn m en t. H is p a p er was suppressed, but soon after aro se, p h o e ­ nix-like. as the J o u r n a l d e Q uebec, w hich w as c o n d u cted with equal ability a n d g re ater pru d en ce, a n d soon w on a p ro m in en t place a m o n g French C a n a d ia n new spapers. M r. C a u c h o n ’s fam e grew a p ace, a n d at th e general election w hich form s th e c h ie f to p ic o f the present c h ap ter he resp o n d ed to advances m ad e to him to enter Parliam ent. T h e result o f his response has alread y been chronicled, a n d he thenceforw ard c o n tin u ed to be " th e m em b er for M o n tm o ­ rency” for a c o n tin u o u s period o f tw enty-eight y e a r s .. . . O ne n a m e - b e y o n d all co m p ariso n th e m ost distinguished o f the [new m e m b e rs ]-s till rem ains to be m entioned. D uring th e election cam p aig n o f 1844. a y o u n g m an , a m em ber o f th e local b a r, w as b ro u g h t forw ard by th e T ories o f K ingston as th eir c a n d id a te for th a t constituency. H e w as o f S cottish birth and descent, having been born in S u th erlan d sh ire in 1815. His father, w ith his fam ily, h a d em igrated from S cotland to U p p e r C a n a d a in 1820, a n d had settled in business a t K ingston, w here the boy re­

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ceived his edu catio n at th e R oyal G ra m m a r School. H aving chosen the law for a profession, he began his studies a t fifteen, and was called to th e b a r o f U p p e r C a n a d a at tw enty-one. H e settled dow n to practise at K in g sto n , a n d h a d alread y w on so m e w h a t m o re than a local re p u ta tio n w hen he w as first re tu rn e d to P arliam ent. H e gained his election by a sw eeping m ajority over his o p p o n e n t, M r. M a n a h an . H e h a s sat in th e C a n a d ia n P arliam ent ever since, and for at least a q u a rte r o f a century he h a s been o n e o f the m ost c onspicuous figures th a t ever h a d a place th ere. N o public m an k now n to o u r history has ever been able to c o m m a n d so large and enthusiastic a follow ing, o r has held th e reins o f pow er for so long a tim e. N o m an in British A m erica has so entirely m ad e politics his profession, o r has been so loyally served by his ad h ere n ts. N o one h a s so com pletely identified h im self with th e c o u n try , o r with the great p a rty o f w hich he has lo n g been the universally-acknow ledged head. N o public m an has so m any personal friends, o r so few personal enem ies. O w ing in p a rt to th e position which he has occu­ p ied , a n d in p a rt to u n to w a r d c irc u m s ta n c e s , his c o n d u c t has evoked sh a rp er a n d m o re vitriolic criticism th an has been applied to th a t o f any o th e r C a n a d ia n statesm an o f his tim e: and - it w ould be affectation to m ince th e m a t t e r - t h e record o f his career discloses acts for which no valid o r h o n est defence can be m ad e. But it is not by isolated acts th a t a m a n 's life sho u ld be ju d g e d , a n d in spite o f all d ra w b ac k s: in spite o f vehem ent a n d ceaseless assaults from the R eform press: in spite o f d e p lo ra b le personal infirm ities: in spite o f unforeseen qu irk s o f d ip lo m acy ; in spite o f jea lo u s rivals and pow ­ erful o p p o n e n ts, th e m an k n o w n to th e present generation o f C a n a ­ dians as Sir Jo h n A lexander M a cd o n ald has steadily w on his way to high and h o n o u ra b le ra n k ; to far m ore th a n vice-regal pow er; a n d to a w arm place in the hearts o f a large elem ent in th e national p o p u latio n . F ew , if an y , o f th o se w ho assail him the m ost bitterly have any personal dislike for him . O n th e c o n tra ry , m ost o f those w ho widely dissent from his political views a dm it th e m agnetic influence o f his personality, a n d th e u n d o u b te d intellectual pow er a n d earnestness w hich underlie th e seem ing ease a n d indifference o f his n a tu re . It is a sim ple fact th a t his graceful geniality, his neverfailing tac t his tenacity o f p u rp o se a n d general adm in istrativ e abili­ ty have b o rn e him th ro u g h crises w hich w ould have sw am p e d any o th e r statesm an w ho has ever ta k e n p a rt in C a n ad ian affairs. But to say, as has frequently been said , th a t such a m an is m erely a c u n ­ ning politician a n d a clever m a n ip u la to r o f p arty wires, is to talk foolishly. T he sam e thing h a s been said , a n d w ith equal tru th , a bout the late L ord B eaconsfield. with w hom he h a s often been com ­ pared. N o m ere w ire-puller ever w on and retain ed th e vast influence which has long been w ielded by S ir Jo h n M acd o n ald . N o selfish o r

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inherently d ishonest m an ever m ad e a n d kept so m any th o u sa n d s o f w a rm p e rso n a l frie n d s , o r fo u n d h im self, a fte r n e a rly fo rty y ears spent in th e public service, a p o o re r m an th an w hen he en tered it. It is proverbially difficult to w rite im partially a n d dispassionately o f a very p rom inent m an d u rin g his lifetim e, a n d this is m o re especially tru e w hen, as in th e present instance, w ide diversity o f op in io n is all but inevitable. T h a t his zeal for his c o u n try ’s w elfare is on the w hole sincere, albeit at tim es displayed in d u b io u s w ays, m ust be conceded by every m an w hose eyes are n o t b linded by th e preju­ dices o f faction. W e shall m eet him often e n ough in th e future to be able to form so m e th in g like a n accurate ju d g m e n t o f him , so far as his c h ara cte r has m anifested itself in his public acts. It w as his m isfortune to e n te r political life u n d e r auspices u n fa ­ vo u ra b le to th e speedy enlargem ent o f his m ind. H e w as re tu rn e d as a su p p o rte r o f th e G o v e rn m en t policy - a n a rro w a n d restricted poli­ cy w hich his m a tu re r ju d g m e n t m ost certainly w ould n o t have a p ­ proved. T h a t he w as not enth u siastic in his su p p o rt o f old-fashioned T oryism m ay be inferred from th e fact th a t he did not often intrude him self u p o n th e a tte n tio n o f th e A ssem bly du rin g the early sessions o f his public career. H e redeem ed his prom ise to his constituents, a n d u pheld th e m inisterial policy by his votes, but it m ay well be d o u b te d if his h e art w as in th e struggle. It will h ereafter be seen th at he erelong o u tg rew th e party-lines o f his y o u th . It m ay alm ost be said th a t he o rig in a ted a p a rty o f his ow n, for m ost assuredly C a n ad ian C o n serv atism , as it exists to -d ay , w ould have been o f a totally different com plexion but for th e h a n d o f Jo h n A lexander M acd o n ald .

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Baron Metcalfe of Fern Hill T h e sessio n o f 1 8 4 4 -’4 5 , inclu siv e o f th e a d jo u rn m e n t fo r th e C h ristm a s holidays, lasted fo u r m o n th s, a n d w as th ro u g h o u t a m ost trying a n d a rd u o u s one for the p arty in p o w e r .. . . T h e M inisters disagreed a m o n g them selves, and appealed from decisions o f the new S p eak er w ho h a d just been elected u n d e r their ow n auspices. It w as evident th a t they did n o t enjoy the entire confidence even o f th eir ow n party . In a w o rd , all w as d isorganization on the G o v e rn ­ m ent side in th e A ssem bly, a n d it w as certain th a t if th e Ministry w ere to be kept to g eth e r, som e ruling m in d m ust be placed over th em . M r. D ra p e r w as pressed to ta k e u p o n him self th e leadership. H e accordingly resigned his seat in the Legislative C ouncil a t the end o f Ja n u a ry (1845), and offered h im self as th e representative o f th e tow n o f L o n d o n in the A ssem bly; the sitting m em b er, L aw rence L aw raso n . having resigned in his favour. H e w as retu rn ed on the 13th o f F e b ru a ry , a n d at o n c e to o k his seat in th e H ouse, w here he did his u tm o st to reduce the tu rb u le n t spirits to a sta te o f su b o rd i­ na tio n . . . . A good deal o f im p o rta n t legislation w as initiated du rin g the session, but th e G o v e rn m en t w ere to o w eak to carry anyth in g to a successful term in atio n th at w as m et by serious o p p o sitio n . T h e sta ­ tus o f th e Ministry' w as m ost em b arrassin g , a n d all M r. D ra p er's tact a n d ability w ere put forth to little p u rpose. Early in M arch he in tro d u c ed his Bill for creating a university by th e n a m e and style o f th e U niversity o f U p p e r C a n a d a . By this m easure th e proposed in s titu tio n w a s to e m b ra c e th re e d e n o m in a tio n a l c o lle g es, v iz.. K ing’s C ollege. T o ro n to , for th e E piscopalians: Q u e e n 's College. K in g sto n , for th e Presbyterians; a n d V ictoria C ollege. C o b o u rg , lor

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the M ethodists. T h e Bill w as very sim ilar in its scope to a m easure w hich h a d been in tro d u ced by M r. Baldw in du rin g th e preceding session, the progress o f which h a d been sto p p e d by th e resignation o f the M inistry. M r. D ra p er now declared th a t he a n d his col­ leagues had m ad e up their m inds to sta n d o r fail by the m easure. O n th e second reading it encountered such o p p o sitio n th a t the m over w as com pelled to a b a n d o n it. Several C onservatives - M r. S herw ood, S olicitor-G cneral for U p p e r C a n a d a , a m o n g th e n u m ­ b e r -d e c la r e d on th e second reading th at they voted for it only to prevent th e G o v e rn m e n t from being defeated, a n d th at if it cam e up for a th ird reading they w ould use all their influence against i t . . . . W hile the session w as in progress th e G o v e rn o r-G e n e ra l re ­ ceived an official intim ation th a t H er M ajesty, upon th e reco m m en ­ d atio n o f the Im perial G o v e rn m en t, w as a b o u t to raise him to the peerage, a n d he w as asked to signify by w hat title he w ould wish to be called to the H ouse o f L ords. A s the dignity to be conferred was a b a ro n y , he chose his su rn a m e for a title, a n d in due course becam e B aron M etcalfe o f F ern Hill, in th e c o u n ty o f Berks. It w as doubtless felt th a t his long public services w ere deserving o f recogni­ tio n . a n d it w as p ro b ab ly hoped th a t th e h o n o u r th u s bestow ed upon him m ight im p art som e ad ditional stren g th to his C an ad ian G o v e rn m en t. T h e latter hope, if it had ever been really e ntertained, proved futile. T he w eakness o f th e G o v e rn m en t w as irrem ediable, a n d no h o n o u rs conferred upon its h e ad co u ld galvanize it into even tem p o rary vitality. A s for th e G o v e rn o r him self, he w as steadily sinking into his grave. His fearful m alady had o f late m ad e rapid progress. S om e m o n th s before this tim e a skilful surgeon had been specially sent o u t u n d e r the auspices o f the H om e O ffice to su p e rin ­ ten d th e ap plication o f a stro n g p re p ara tio n o f chloride o f zinc to th e G o v e rn o r's face. T h e ap p licatio n w as m ade w ith all th e skill w hich science c o u ld c o m m a n d , but th e d isorder h a d reached a stage w hen no trea tm e n t could be o f m uch avail. T o intense pain was now su p e rad d e d a rap id d estruction o f tissue. O n e eye was totallydestroyed. and th e sight o f th e o th e r, by force o f sy m p a th y , becam e greatly w eakened. A b o u t th e close o f 1844 th e sufferer found that he w as no longer able to d ra ft his despatches, as had alw ays been his custom . H e w as u nable to open his m o u th to its full w idth, and had difficulty in m asticating his food. Such w as his u n h a p p y c o n d i­ tion w hen the in tim atio n o f a peerage reached him . T h e intim ation w as acco m p an ied by th e kindest o f letters from Sir R obert Peel and L ord Stanley, a n d by an ap preciative m essage from the Queen herself. . . . T h e w eary, barren session c am e to an end at last. T he p ro ro g a ­ tion to o k place on S a tu rd a y , th e 29th o f M a rch (1845). All things c onsidered, th e G o v e rn m en t h a d little reason to c o n g ratu la te itself

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on th e w ork o f th e preceding four m o n th s. O f th e m any A cts passed, n o t o n e can be said to be o f historical im p o rtan ce. T he really im p o rta n t legislation w hich h a d been referred to by his Excel­ lency at the o p e n in g o f the session was still in the w o m b o f tim e. T h e co n d u ct o f business had been m arked by chicanery a n d doubledealing. T h e C onservatives, as a body, h a d n o t been loyal to the G o v e rn m en t. T hey had yielded their su p p o rt in a grudging, h alf­ hearted w ay, a n d som e o f them h a d stip u lated for all sorts o f personal ad vantages as a c o ndition o f their su p p o rt. M inisters never knew w h at a day m ight b ring forth. T he G o v e rn o r a n d M r. D rap er looked forw ard to a n o th e r session with th e m ost gloom y fo re b o d ­ ings. W ith o u t M r. D ra p e r’s advice and assistance th e G o v e rn o r m ust before this tim e have given up the contest w ith th e A ssem bly. M r. D ra p er, how ever, w as chiefly valuable to th e G o v e rn o r by reason o f his counsels, and n o t at all by reason o f his Parliam entary influence, w hich w as very sm all. T he influence o f th e o th e r m em ­ bers o f th e G o v e rn m en t w as little if a t all greater. O f these facts his Excellency was perfectly c o n s c io u s .. . . A b o u t this tim e th e F rench press o f L ow er C a n a d a began to seriously a d v o cate an idea w hich eventually cam e to be know n as “ th e d o u b le-m ajo rity p rin cip le." T h e existing G o v e rn m en t, ever since its form atio n , had been kept in pow er by a large U p p er C a n a d ia n m ajority acting in concert w ith a sm all m inority from L ow er C a n a d a . It w as now p ro p o se d th a t it should be recognized as a vital principle o f the co n stitu tio n th a t a G o v e rn m en t, in o rder to its co n tin u a n ce in pow er, m ust be su sta in ed , not m erely by a m ajority o f votes in th e entire A ssem bly, but by a m ajority o f votes from each section o f th e P rovince. T h e object sought to be attained w as to prevent either section o f th e Province from im posing u n p a ­ latable legislation upon the o th er. T h ere w ere repeated a tte m p ts to apply this principle, b u t - c o n t r a r y to w hat is asserted in m ost histo ­ ries o f C a n a d a - i t did not obtain general recognition until m ore th a n ten years subsequent to th e date at which the n arrativ e has a rriv e d [1 8 4 5 ]. Even after it cam e into vogue its prevalence w as o f b rief d u ra tio n , a n d it w as a b a n d o n e d as im practicable. It w as o f c o u rse alw ays considered desirable th a t a m inistry sho u ld be able to c o m m a n d a m ajority from each section o f th e Province, b u t such a m ajority w as n o t regarded as essential to th e existence o f an A d m in ­ istratio n . O u t o f this q u estio n , as will hereafter be seen, th e ag ita­ tion o n the subject o f " R e p re se n ta tio n by P o p u la tio n " subsequently arose. Both th e G o v e rn o r a n d M r. D ra p er h a d lo n g ceased to hope anyth in g from M r. V iger’s efforts at conciliating his fellow -coun­ try m en . It w as, how ever, deem ed absolutely necessary to gain in­ creased F rench C a n a d ia n su p p o rt. In th e co u rse o f th e su m m er o f

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1845 M r. D ra p er o p en ed a c o rresp o n d en ce w ith th e H o n . R ene E d o u ard C a ro n , S p eak er o f th e Legislative C ouncil, with th a t end in view . M r. C a ro n seem s to have been ready enough to act as an interm ediary betw een th e G o v e rn m e n t a n d th e F ren ch C an ad ian leaders. T h e c o rresp o n d en ce, w hich extended o v er several m onths, w as c o m m u n icated by him to M r. L afontaine, by w hom it was again c o m m u n icated to M r. M o rin . T h e G o v e rn m en t were willing to sacrifice M r. Viger and M r. P apineau, b u t, so long as L ord M etcalfe rem ained at its h ead , it w as im possible th at M r. L afo n ­ taine co u ld be ad m itte d to th e C a b in e t, th e differences betw een the latter a n d the G o v e rn o r-G e n e ra l, ever since th e resignation o f the L afontaine-B aldw in M inistry, having been o f such a n a tu re th a t no a cc o m m o d a tio n could reasonably be hoped for w hen their respec­ tive ch aracters a n d positions w ere taken into c o n sid era tio n . M r. L afontaine, how ever, w hatever his private inclinations m ay have been, determ ined not to sta n d in th e w ay o f any a rra n g e m e n t which m ight e nure to th e c o m m o n weal o f his fellow -countrym en. W ith th e disinterestedness o f a tru e p a trio t, he insisted on sinking his own claim s, a n d th o u g h t only o f th e public g o o d . But th ere w as an insuperable difficulty in the w ay in th e person o f M r. D aly. M r. C a ro n , w ith th e ap p ro v al o f M essieurs L afo n tain e a n d M orin, re­ q u ired th a t th e entire L ow er C a n ad ian section sho u ld be reco n ­ stru c te d , which w ould have involved M r. D aly ’s retirem ent from office. T h is was m ore than M r. D ra p e r w as a u th o rize d to consent to. Personally he w ould doubtless have been willing enough to let the Provincial Secretary go, but th a t gentlem an had sto o d firmly by th e G o v e rn o r ever since the resignation o f the L afontaine-B aldw in M inistry', a n d his Excellency w ould not sacrifice him . T h e negotia­ tions w ere accordingly hin d ered a n d p o stp o n e d from tim e to tim e. In re a d in g th e la te r c o rre s p o n d e n c e betw een M r. L a fo n ta in e a n d M r. C a ro n , one c a n n o t help being struck by th e a p p a re n t fact that neither o f these gentlem en entirely tru sted th e o th er. T h a t th e distrust w as n o t entirely groundless w as pro v ed w hen, as erelong hap p en ed , th e entire corresp o n d en ce found its w ay to th e public. T h e negotia­ tio n s w e re finally b ro k e n o f f by L o rd M e tc a lfe ’s d e p a rtu r e fro m C a n a d a , having c o m e to n o th in g . [A s F ennings T ay lo r com m ented]: “ T h e w hole affair suddenly collapsed, a n d th e o n ly result w as to in ­ tensify th e political a tm o sp h e re, a n d aggravate th e quarrel betw een a w eak G o v e rn m e n t a n d a pow erful O p p o sitio n .’’ A s for the G o v e rn o r, his d iso rd er was w o rk in g frightful ravages u pon him , and he w as literally dying by inches. By th e beginning o f O c to b er his articu latio n began to be affected, a n d th ere w as a hole th ro u g h th e cheek into the interior o f th e m o u th . H e w as threatened with total loss o f sight, a n d w as in a c o ndition o f c o n sta n t physical suffering, unless w hen under th e influence o f pow erful narcotics. It

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was evident to him self, as well as to all a b o u t him , (noted Sir J. W. K aye], th a t “ it m ust soon becom e physically im possible for him to adm inister successfully the affairs o f the G o v e rn m e n t.” T o persist any longer in his determ in atio n to “ stick to th e s h ip " w as o u t o f the q u e s tio n .. . . H e w as a u th o rize d [by L o rd Stanley] to h a n d over the G o v e rn m en t provisionally to Earl C a th c a r t - w h o h a d succeeded Sir R ichard Jack so n as C o m m a n d e r-in -C h ie f o f th e forces in Brit­ ish N o rth A m e ric a -w h e n e v e r he m ight th in k fit. H e felt him self to be a dying m an , but was lo ath to desert w hat he deem ed to be his duty while life rem ained to h im . H e determ ined to be guided in the m a tte r by th e advice o f his C ouncil. D uring th e th ird w eek in N ovem ber, having received L o rd S tanley’s letter o f th e 2 nd. he su m m o n ed th e principal m em bers o f the E xecutive to a conference at M o n k lan d s. H e explained his c o ndition to th em , a n d expressed his w illingness to rem ain at his po st if they deem ed it advisable in th e interests o f th e c o u n try . T he C ouncillors, w ith stro n g traces o f em o tio n on th eir cheeks, begged him to resign w ith o u t fu rth er de­ lay, a n d to tak e such rest as w as possible to one in his m aim ed and suffering co n d itio n . H e acted u p o n their advice, a n d m ade p re p a ra ­ tions for his im m ediate d e p artu re for E ngland. H aving dem itted his functions to Earl C a th c a rt. he set o u t from M ontreal at ten o'clock in the m o rning o f W ednesday, th e 26th o f [N o v e m b er, 1845. He died in E ngland on S eptem ber 5, 1846]. . . .

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Earl Cathcart T h e R ight H o n o u ra b le C h arles M urray C a th c a rt, Earl C a th c art. L ie u ten a n t-G en e ral, etc., etc.. upon w hom , as th e se n io r m ilitary officer c o m m a n d in g H er M ajesty's Forces in British N o rth A m erica, th e ad m in istratio n o f C a n a d ia n affairs devolved upon L ord M e t­ calfe's d e p a rtu re , w as th e representative o f an old a n d highly distin ­ guished S cottish fam ily. Sir A llan C a th c a rt, w ho b o re th e bu rd en o f th e fam ily h o n o u rs in 1447, w as e n nobled in th a t y e ar by King Ja m es th e Second, w ho created him Baron C a th c a rt in th e peerage o f S co tlan d . T h e B a ro n 's d escendants have ever since been co n sp ic­ uous m em bers o f th e national aristo cracy . O n e o f them fell at F lodden in 1513; a n o th e r o n th e field o f Pinkie, in 1547. F ro m the tim e o f th e u n io n b e tw ee n E n g la n d a n d S c o tla n d d o w n to th e present there has been no im p o rta n t w ar involving th e h o n o u r and a rm s o f G re at Britain in w hich a C a th c art has not b o rn e a d istin ­ guished p a rt. In 1807 th e tenth B aron w as C o m m a n d e r-in -C h ie f o f th e expedition to C o p e n h ag e n . U p o n his retu rn he w as created Viscount C a th c art a n d B aron G reen o ck in th e peerage o f G reat B ritain. In 18 14 he w as adv an ced to an e arld o m . T he future G o v e r­ n o r-G e n era l o f C a n a d a was his second son. a n d w as b orn at W al­ th a m . in the county o f Essex. E ngland, in 1783. As a boy he spent som e tim e at E to n , b u t a d o p te d th e family profession o f arm s at an early age. It is no exaggeration to say o f him th a t he a d d ed to the laurels o f his ancestors. In 1799. w hen he w as only fifteen, he form ed p art o f the expedition to N o rth H o llan d . H e served under his father at C o p e n h ag e n in 1807. a n d su bsequently fought his way all th ro u g h th e Peninsular W ar. A t B arossa, S a lam a n ca , V ittoria, a n d finally at W aterlo o , he distinguished h im self by deeds o f v al­ o u r. as well as by o th e r high soldierly qualities, a n d sto o d high in th e fav o u r of th e G re a t D uke. A t W aterlo o he had three horses sh o t under him , a n d on th e sam e m em o rab le dav he bore the

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M a rq u is o f A nglesea from th e field in his a rm s w hen th a t noblem an received th e w o u n d w hich rendered necessary th e a m p u ta tio n o f his leg. H e had by this tim e a tta in e d to th e ran k o f a C olonel. F o r several years su b seq u e n t to th e g reat battle he served w ith th e arm y o f o ccupation in F ra n c e, a n d d u rin g th a t p eriod received various h o n o u rs and d e co ra tio n s, b o th British a n d foreign, including a C o m p an io n sh ip o f th e B ath . T h ere is no need for follow ing him m inutely th ro u g h his sub seq u en t career. U p o n th e death o f his fa th e r, in 1843. he succeeded to th e title as second E arl, his elder b r o th e r - k n o w n by courtesy as L o rd G reen o ck - h aving died w ith ­ o u t issue during his fa th e r’s lifetim e. U p o n th e d e ath o f Sir R ichard Jack so n in th e su m m er o f 1845, Earl C a th c a rt, w ho h a d by this tim e attain ed th e m ilitary ra n k o f a L ie u ten a n t-G en e ral, w as a p ­ p o in ted to succeed h im , a n d cam e over to C a n a d a accordingly. He h a d not been m any m o n th s in th e c o u n try ere L o rd M etcalfe’s d e p a rtu re com pelled him to ta k e upon h im self the direction o f affairs. H e w as sw orn into office as A d m in istra to r, a n d assum ed the reins o f G o v e rn m en t on th e 26th o f N o v e m b er [1845], th e day w hen L o rd M etcalfe sta rte d on his h o m ew ard jo u rn ey . . . . It w as at first su p p o sed th a t L o rd C a th c a rt’s assu m p tio n o f the A dm in istratio n w as a m ere tem p o rary expedient until a successor to L o rd M etcalfe sh o u ld be a p p o in te d . [T his w as not th e c a s e ] ,. . . T h e English mail w hich reached C a n a d a a b o u t th e end o f January' [1846] . . . b ro u g h t definite intelligence on th e subject o f th e G overno r-G e n era lsh ip . T h e a p p o in tm e n t, in a w ord, w as form ally offered to L o rd C a th c a rt, w ho at once signified his acceptance o f it. Her M ajesty’s pleasure w as conveyed to his L o rd sh ip in very c o m p li­ m en tary term s, a n d h e w as officially assured th a t the uniting in his person o f th e civil a n d m ilitary a u th o rity w as the result o f no accidental c o m b in a tio n o f circum stances, but o f a m a tu re a n d delib­ e rate conviction o f his high qualifications for th e ad m in istratio n o f b o th . N o tw ith stan d in g this assurance, a belief began to gain ground th a t th e Im perial G o v e rn m en t had resolved to retain L o rd C a th c art here in consequence o f th e relations betw een G re a t Britain a n d the U nited States having again becom e u nsatisfactory. R u m o u rs o f w-ar h a d once m o re becom e rife, a n d an unsettled, u n c o m fo rtab le feeling pervaded the public m in d . . . . iln th e event o f an actu al ru p tu re betw een the tw o nations if w as o f course highly desirable th at one possessing th e m ilitary know lege a n d experience o f Earl C athcart sho u ld be at th e head o f affairs in C a n a d a . T h at this w as really the view tak e n by th e a u th o ritie s at h o m e soon becam e evident enough. In th e follow ing A pril Earl C a th c a rt received his com m isssion as G o v e rn o r-G e n e ra l. M eanw hile, how ever, his L ordship, in his c a ­ pacity o f A d m in istra to r, su m m o n ed th e H ouses to m eet on th e 20th o f M arch [1846] on w hich day th e second session o f th e Second

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P arliam ent accordingly assem bled a t M ontreal for th e despatch o f b u s in e s s .. . . A s th e session a d v an c ed ------it becam e evident th a t the strength o f . . . . th e G o v e rn m en t [was not sufficient to perm it effective rule). Several m inisterial m easures in tro d u ced at vario u s tim es were ac­ tually defeated, a n d in o n e instance by a considerable m ajority. T here w as, how ever, no pretence o f resignation on th e p art o f the M inistry. T hey were a fra id , as du rin g th e previous session, to in tro ­ duce any legislation likely to a ro u se stro n g op p o sitio n , a n d only did so w hen such a co u rse could not be avo id ed . F o rtu n a te ly for them , several im p o rta n t m easures introduced u n d e r m inisterial auspices were o f a c h ara cte r which c o m m e n d ed them to th e general approval o f th e A ssem bly. Such especially w ere th e M ilitia Bill a n d th e Act respecting the Civil List. T h e fo rm er w as acceptable ow ing to the th re a te n in g a sp e c t o f a ffa irs b e tw ee n th e m o th e r c o u n try a n d th e U nited States. T h e latter w as p o p u la r because it w as a long step in th e direction o f C a n ad ian self-governm ent. T h e subject had already engaged the atte n tio n o f the C a n ad ian P arliam ent m ore th an once since th e U n io n , a n d the A ct w as th e result o f corresp o n d en ce e n ­ tered in to betw een S ir C h arles M etcalfe a n d th e S ecretary o f State p rio r to th e ru p tu re betw een th e form er a n d his G o v e rn m en t in 1843. T h e desirable object sought to be a tta in e d w as th e establishm en t o f a p e rm a n en t Civil List for the p ay m en t o f public functionaries, in place o f lh a t im posed by th e Im perial P arliam ent in th e U nion A ct. T he la tte r had provided a Civil List w hich, a lth o u g h in a cco rd an ce with th e co n d itio n s agreed to by th e U p p e r C a n ad ian L egislature a n d the Special C ouncil o f L ow er C a n a d a , w as held by the Liberal p a rty to be u n c o n stitu tio n a l, it w as finally agreed th a t th e U nited Parliam ent sho u ld vote a Civil L ist. A fter c o n sid erab le discussion as to m atters o f detail th e Bill w as passed, but it w as o f c o u rse reserved for th e sig­ nification o f H er M ajesty's pleasure. T h e sequel m ay as well be told here. O w ing to th e re pugnance betw een th e Bill a n d th e Act o f U n ­ ion, it w as n o t co m p eten t for H er M ajesty to assent to th e form er w ith o u t th e express au th o rity o f th e Im perial P arliam ent. A n Act w as accordingly passed in 1847 to enable her to assent, a n d th e C a ­ n adian m easure o f 1846 becam e th e law o f th e land. F rom th a t tim e fo rw a rd th e P ro v in c ia l P a rlia m e n t a lo n e h a d a u th o r ity to im p o se taxes u p o n th e C a n a d ia n people. . . . A s th e weeks passed by, a n d as it becam e m o re and m ore evident th a t th e C o rn Law Bill w ould receive the san ctio n o f the Im perial P arliam ent, a pretty general feeling o f alarm and hostility to th a t m easure w as a roused in th e bosom o f the m ercantile c o m ­ m u n ity in C a n a d a . A t p u b lic m ee tin g s held in M o n tre a l a n d Q uebec. “ C o b d e n a n d th e L eague” w ere deno u n ced in no stinted term s. It w as feared lest the p ro p o sed a b o litio n o f the differential

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duties on the im p o rta tio n o f colonial and foreign grain into G reat Britain w ould, if carried o u t. give a serious if not a fatal blow to C a n ad ian prosperity. C a n a d a , it w as said , co u ld not ho p e to c o m ­ pete w ith the U nited States if the British m ark et w as m ad e equally free to b oth. T h e solicitude on this subject fo u n d expression in an address to the Q u een , agreed to by the A ssem bly on th e 12th o f M ay. a n d forw arded to the H om e G o v e rn m en t by the next m ail. It w as received by th e C olonial Secretary' [W . E. G lad sto n e] while th e d eb ate on the fam ous Bill w as actually in progress. T he argum ent from th e p rotectionist side w as presented w ith re m a rk ab le clearness. “ W e c a n n o t b u t fe a r,” ran th e A d d re ss , “ th a t th e a b a n d o n m e n t o f this protective principle, th e very basis o f th e colonial c o m m e r­ cial system , is not only calcu lated m aterially to re ta rd the a g ric u ltu r­ al im provem ent o f th e c o u n try , a n d check its h ith e rto rising p ro s­ perity, but seriously to im p air o u r ability to purchase th e m a n u fa c ­ tu red goo d s o f G re at B ritain: a result alike prejudicial to this colony a n d th e parent state . . . W e respectfully represent to y o u r M ajesty th a t, situated as C a n a d a is. a n d w ith a clim ate so severe as to leave barely o n e -h a lf o f th e year op en for intercourse by the St. L aw rence w ith th e m o th e r c o u n try , th e cost o f tra n sp o rtin g h e r p ro d u cts to m ark et is m uch greater th an is paid by the in h ab itan ts o f the U nited S ta te s:a n d th at w ith o u t a m easu re o f p ro te c tio n ,o r som e equivalent ad v an tag e , we c a n n o t successfully com pete w ith th a t c o u n try .” T he m ost gloom y consequences were foreshadow ed in subsequent claus­ es, a n d there can be no d o u b t th a t C a n ad ian m erchants generally w ere th o ro u g h ly ala rm e d . Even t h o s e - a n d their n u m b er w as very sm all in th e year 1 8 4 6 - w h o professed faith in th e general principles o f free-trade, co u ld n o t see how th eir interests could fail to suffer, how ever greatly th e British m an u fa ctu re r m ight be benefited by the change. O f course the o b n o x io u s m easure passed, a n d th e gloom y forebodings o f th e petitioners w ere n o t realized, but there w as for a tim e a very d istu rb ed sta te o f feeling in C an ad ian com m ercial circles, a n d p erhaps a certain w eakening o f patrio tic se n tim e n t, even on the p a rt o f colonists w ho h a d alw ays been c onspicuous for loyalty. . . .

C hapter 18

Irresponsible Government A fter M r. V iger's resignation [in Ju n e , 1846] M r. M orris continued to discharge th e functions o f President o f the C ouncil, in addition to his duties as R eceiver-G eneral, tho u g h he w as not actually in­ stalled into th e form er office until th e follow ing year. It w as antici­ p a te d th a t M r. Sherw ood w ould resign his post o f S olicitor-G eneral for U p p e r C a n a d a at th e close o f th e session o f 1846. H e h a d com e into frequent collision with th e m em bers o f th e C a b in e t du rin g the progress o f th e session, and they had ceased to have any political confidence in him . T h e causes o f divergence w ere nu m ero u s, a n d as he openly professed to reciprocate th e hostility entertain ed tow ards him , his dem ission o f office w as regarded as a foregone conclusion. H e had ceased to give the G o v e rn m en t a cordial o r consistent su p p o rt, and did not think it necessary’ to dissem ble his views w-hen called to a cc o u n t for his c onduct. H e h a d m ore than once expressed his dissatisfaction at th e m inisterial m ethod o f carrying on th e A d ­ m in istratio n , a n d had m ade no secret o f his disapproval o f som e o f th e m inisterial m easures. H e had repeatedly absented him self from im p o rta n t divisions, a n d this had occu rred so often th a t his doing so could not be trea te d as accidental. H e found fault with the M inistry for n o t having redeem ed th eir pledges with respect to the U niversity Bill. W hatever m erit there m ay have been in this cen ­ sure, considered in th e a b strac t, it certainly cam e with am biguous grace from a g entlem an w ho h a d voted f o r th e m easure in one session a n d a gainst it in a n o th e r. . . . M r. S h e rw o o d ’s am bition p ro m p te d him to aspire to a seat in th e Executive C ouncil. He considered th a t his office sh o u ld be m ade a C abinet o n e, a n d felt bitterly to w ard s M r. D ra p er because th at g entlem an could n o t be b ro u g h t to assent to such a p ro p o sitio n . M r. D ra p er u ndoubtedly

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h a d his share o f political sins to answ er for. but this can n o t be ra n k ed a m o n g th em . W hen M r. Sherw ood accepted th e SolicitorG en eralsh ip he did so with full know ledge lh at a seal in the C abinet was not attach ed to th a t office. N o prom ise, direct o r indirect, w as m ad e to him th at th e privileges then a p p u rte n a n t to th e office w ould be increased o r en larg ed . A s sim ple m atter o f fact. M r. D ra p er h a d never im plicitly tru sted M r. S h erw o o d , a n d w ould not u n d e r any circum stances hav e ad m itte d him to his inm ost counsels. O f this M r. S h erw o o d so o n e r o r later becam e a w are , and he hence­ forw ard cherished a feeling o f hostility to w ard s th e A tto rn e y -G e n ­ eral. T h e latter suspected th e S olicitor-G eneral o f intriguing against the G o v e rn m en t, and d e term in ed to be rid o f him . W hen th e end o f th e session arrived, a n d th e latter m anifested no disposition to re­ sign. an official intim ation th a t his resignation w ould be acceptable w-as conveyed to him by the P rovincial-Secretary, acting on behalf o f th e G o v e rn o r-G e n e ra l. N o th in g could have m o re clearly in d icat­ ed th e unsatisfactory a n d unfriendly n a tu re o f M r. S h e rw o o d 's rela­ tio n s w ith the G o v e rn m en t. T h e sending o f such an in tim ation w as indicative o f a desire to hum iliate him : for it w o u ld have been easy enough to convey an indirect a n d unofficial hint w hich w ould have afforded him a n o p p o rtu n ity for v oluntary resignation. T h e course resorted to w as ta n ta m o u n t to a dism issal, a n d as such w as re g ard ­ ed by M r. S herw ood, w ho p ro m p tly h an d ed in his resignation. He published an e x p la n ato ry letter in th e T o ro n to C o lo n ist. w herein he entered very fully into the facts, but he did no p a rticu la r harm to th e A d m in istratio n thereby, and certainly did not a d d to th e esteem in w hich he h im self w as held by th e c o u n try at large, for his letter w as replied to by th e o rg a n s o f th e G o v e rn m en t, and th e w eakness o f his position w as very clearly d e m o n stra ted . H e w as succeeded in th e S o licitor-G eneralship by M r. J o h n H illvard C a m e ro n , a yo u n g m an w ho had only ju st entered upon his thirtieth year, w ho h a d already attain ed to a forem ost position at the U p p e r C a n a d ia n b a r. a n d w ho had m ad e his influence felt in the ra n k s o f th e C onservative p a r ty .. . . W . B. R o b in so n , w ho had resigned the In sp ecto r-G en eralsh ip m ore th an a year before, now accepted the C h ie f C o m m issio n ersh ip o f Public W o rk s, a n d upon returning to his co n stitu e n ts in Sim coe he w as reelected w ithout o p p o sitio n . It c an n o t be said , how ever, th a t any o f these changes did m uch to strengthen th e A d m in istra tio n , a n d in th e co u rse o f the su m m er a n d a u tu m n o f 1846 there w ere m anifest indications o f a Liberal reaction. M r. B aldw in’s consistent a n d stra ig h tfo rw a rd co u rse ever since his resignation o f office had e xtorted respect, a n d even a d m i­ ra tio n , from persons o f all shades o f political o p in io n . O n th e o th er h a n d , th e w eakness a n d c onsequent vacillation o f the G o v e rn m en t h a d alienated o r rendered lukew arm m any persons w ho h a d once

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been a m o n g their firm est su p p o rte rs. M r. D ra p e r cam e in for a form idable sh a re o f a n im a d v ersio n , and he w as held responsible at th e b a r o f public op in io n for m o st o f the m inisterial shortcom ings. T o speak so o th , M r. D ra p e r’s p a th , since his re-entry into the A ssem bly, had not been strew n w ith roses. H e h a d all alo n g been com pelled to fight a hopeless b attle, a n d he now fo u n d him self taken to task because he had not been able to achieve a victory. He had set o u t by professing his adh eren ce to the d octrine o f Executive responsibility, a n d h a d repeatedly violated th a t d o ctrin e in th e face o f P arliam ent a n d th e c o u n try . H e had declared th a t he a n d his colleagues w ould hold office only so long as they were su p p o rte d by a P arliam en tary m ajority. T h e sm all m ajority which he h a d a t first been able to c o m m a n d had soon failed him , a n d he h a d sustained defeat a fte r defeat. O n o n e occasion his policy h a d been con d em n ed by th e A ssem bly tw ice in th e course o f a single night. Instead o f acting up to his professed principles by a p ro m p t resignation, he h a d clung to office with a tenacity w hich surprised his ow n co l­ leagues. R eco n stru ctio n , rem o n stran ce, conciliation - all had been tried in vain. T h e present w as d a rk a n d low ering, th e future seem ed hopeless. H e felt th at he had tem p ted his fate to its u tm o st lim it. H e w as wear>' o f th e ceaseless turm oil and bickering o f public life, and longed for th e co m p a rativ e repose o f th e ju dicial bench. H e was only restrained from gratifying his desire by th e fact th a t th e party to w hich he belonged could not agree a m o n g them selves as to who sh o u ld succeed him as their leader, a n d he w ould n o t leave them alto g eth er in the lurch. W ith him at th e head o f affairs, the G o v e rn ­ m en t, tho u g h w eak a n d unstab le as w ater, w as still a G o v ern m en t. W ith o u t him the m inisterial m achine w ould p ro b ab ly have col­ lapsed a lto g e th e r .. . . T h e Liberals, m eanw hile, did not neglect to avail them selves o f the tide w hich w as evidently tu rn in g in th eir favour. T hey held m eetings in vario u s p a rts o f th e Province, a n d did m uch to increase the efficiency o f their p a rty o rganization. T hey prep ared an e la b o ­ ra te platfo rm w hich, while it em bodied little o r noth in g th a t h a d not been adv o cated by them ever since th e U n io n , seem ed w ondrously effective when m arshalled into a com prehensive and h arm o n io u s w hole. A prim ary axiom w as th a t th e Provincial G o v e rn m en t was practically as well as theoretically a P arliam entary G o v ern m en t, a n d th a t no M inistry should u n d e r any circum stances co n tin u e in p ow er after it failed to c o m m a n d a Legislative m ajority. S hould an appeal to th e c o u n try be deem ed advisable, resignation m ight be d e fe rre d un til th e re su lt o f th e e le ctio n s c o u ld b e k n o w n ; w h e re ­ u p o n .sh o u ld th e vote be adverse to th e M inistry, resignation m ust im m ediately follow . T hese principles, o f course, were m erely w hat had all along been c o n ten d ed for by the L iberal party , a n d - at any rate latterly - con ced ed by th eir o p p o n e n ts, but they had been so

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repeatedly violated d u rin g th e last tw o o r three years th a t there seem ed to be a peculiar fitness in bringing them conspicuously b e ­ fore th e public eye at this ju n c tu re o f affairs. T h e m u tu a l re sp o n sib ility o f th e G o v e r n o r -G e n e ra l a n d th e Provincial M inistry to each o th er, a n d th e duties o f b o th to the Sovereign, w ere also reduced to som ething like a tab u la te d system in the Liberal p ro g ram m e. T h e Q u e en 's representative, it w as said, should not assum e th a t he degrades the C row n by follow ing in a c o lo n y , w ith a c o n s titu tio n a l G o v e rn m e n t, th e e x a m p le o f th e C row n at hom e. R esponsible G o v e rn m en t h a d been conceded to C a n a d a , and should be a tte n d ed , in its w orkings, with all th e conse­ quences o f R esponsible G o v e rn m en t in th e m o th e r c o u n try . . . . [C an ad ian Liberals] claim ed th a t their loyalty w as based, not u p o n a m ere se n tim e n t, but upon reason a n d logic. “ T rea t us (air­ ly.” they said, in effect, " a n d you will find us easy to m anage. O ppress us, a n d we will offer a c o n stitu tio n al resistan ce." T hey justly c o m p lain ed o f th e persistent m isrepresentation to w hich they h a d been subjected. A s a p a rty , they w ere co m m o n ly regarded in G re at Britain as disaffected o r disloyal. "T h e y look upon th is ." said th e L iberals, speaking o f them selves in the th ird person [through th e M o rn in g C h ro n icle, S eptem ber 1. 1846]. “ as a great b a rrie r to th e h a rm o n y a n d tranquillity o f th e Province, inasm uch as it tends to place every G o v e rn o r in a false position as regards th em , at the very outset o f his career. If he shares in th e im pression lo o prevalent in this respect, he co m m ences his ad m in istratio n o f affairs on the su p position th at he is called upon to suspect th e m , a n d to act m ore o r less against them . T hey are th e p o p u la r p a rty h e re; they are n u m e ric a lly th e stro n g e r p a rty , a n d w ere no s in iste r influences b ro u g h t to b e ar upon the elections, could c o m m a n d at any tim e a large m ajority in th e rep resen tatio n . H ow can th e Provincial G o v ­ ernm ent be eq uitably and satisfactorily adm inistered, if th e aim o f th e G o v e rn o r’s policy is to m aintain with this p arty a c o n sta n t and an unrem itting struggle? It is th e policy o f the Executive, in all free cou n tries at least, to a ct in all cases, if possible, in h a rm o n y w ith the people, instead o f placing itself in system atic o p p o sitio n to them . A n d yet this la tte r is the position w hich C a n a d ia n G o v e rn o rs too frequently assum e to w ard s th e p o p u la r p a rty here. They look upon th e preservation o f th e c onnection o f the Province w ith th e m other country as th e g reat object o f their a d m in istratio n , a n d are to o apt to fall into the e rro r o f supposing th a t this can only be effected by system atically checking the p o p u la r p arty. By the acts o f the local E xecutive, th e C ro w n a n d th e L iberals are th u s, w ith but little in te rru p tio n , kept in a n tagonism to each o th er. T he conviction is th u s forced u p o n th e latter by th eir daily experience th a t their great political an tagonist is not th e rival dom estic p a rty , but the Im perial G o v e rn m en t. If a n ything co u ld tend to im p air their loyalty it w ould

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be this. U nm erited suspicion very often begets th e very evil w hich it fancies to exist. T he C a n a d ia n Liberals regard th e C olonial Office as m o re o r less im bued with th e opinions in this respect prevalent o u t o f d oors. T hey fear th at it acts under th e e rro n e o u s im pression th a t p a rty w arfare in the Province has a view to objects beyond its legitim ate range. T h e co lo n y , they conceive, is set dow n at h o m e as divided into th e British a n d anti-B ritish parties; a n d they fear th at its successive G o v e rn o rs are d e puted, with instructions m ore o r less d irect, to c o -o p era te with th e o n e party for the suppression o f the o th e r. T h ere is a t present no anti-B ritish p arty in C a n a d a , and n o th in g but th e grossest m ism anagem ent a n d th e m ost system atic disregard o f th e interests o f th e Province can c rea te o n e. T h ere is as m uch loyalty in th e ra n k s o f the o n e p a rty as in those o f the oth er. T h e object o f th e Provincial G o v e rn m en t sh o u ld be to perp etu ate th e existing loyalty a m o n g all classes, instead o f to check th e disloy­ alty w hich it to o frequently assum es to ch aracterize a p articular p a rty .” Such is a b rief exposition o f th e leading planks in th e Liberal p latfo rm . R egarded as a w hole, it had th e g reat m erit o f being consistent with itself, as well as o f being logically deducible from the fact th at th e m o th e r c o u n try recognized C a n a d a as a colony p o s­ sessed o f a c o n stitu tio n . T h e tim e w as a p p ro ac h in g w hen th e d o c ­ trines so p ro p o u n d e d were to receive general assen t, a n d when R esponsible G o v e rn m en t sh o u ld be defended by th e G o v e rn o rG eneral as strenuously as it h a d ever been by its p ro m o te rs. A nd it is w orthy o f rem ark lh a t th e G o v e rn o r w ho w as destined to take this sta n d w as o n e w ho had inherited T o ry trad itio n s, a n d had been cradled in the lap o f old-w orld C onservatism . . . .

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Lord Elgin Jam es Bruce, eighth Earl o f Elgin and tw elfth Earl o f K incardine, in th e peerage o f Scotland: afte rw a rd s first B aron Elgin, o f E lgin, in th e peerage o f th e U nited K ingdom : enjoyed th e distinction o f having sp ru n g from o n e o f th e royal houses o f S co tlan d - th e h isto r­ ic house w hich n u m b ers a m o n g its representatives the hero o f B an­ n o c k b u rn . T h e chronicles o f th e Bruces in early a n d m ediaeval tim es a b o u n d w ith thrilling a n d ro m antic incidents, a n d form som e o f th e m o st m em o rab le passages o f S cottish history-. F o r centuries before th e p eriod to w hich this w ork relates th e fam ily h a d been settled in Fifeshire, a n d d u rin g th e greater p a rt o f th a t tim e had been m ore o r less connected w ith the dip lo m atic service. T h e father o f th e future G o v e rn o r-G e n era l o f C a n a d a w as th a t w ell-know n despoiler o f th e P arth en o n w ho w as so m ercilessly, a n d at th e sam e tim e so unjustifiably, pilloried by L ord B yron in " T h e C urse o f M in e rv a ." for rem oving the Elgin m arbles, as they are now called, from A thens to E ngland. T h e archaeological extravagances o f this n o b lem an did m uch to im poverish th e fam ily estate. H e h a d a n u m ero u s progeny, for m ost o f w hom he w as able to m ake but slender provision. T h e m em ber o f his fam ily w ith w hom we in this c o u n try are m o re im m ediately c oncerned w as b orn in L o n d o n , on th e 20th o f July, 1811. Being a second so n , a n d h aving no expecta­ tion o f succeeding to th e title a n d estates, he w as from an early age ta u g h t to regard h im self as o n e w ho m ust largely depend upon him self for his fu tu re position in life. As a boy he spent som e tim e at E to n , w hence he passed to C hrist C h u rc h . O x ford, w here he won a w ell-deserved re p u ta tio n for diligence, a n d w as accredited w ith the possession o f a shrew dness a n d native sagacity beyond his y e a r s .. . . A s becam e one o f his lineage a n d train in g , he w as a tta ch e d to th e C onservative side, but his C onservatism w as o f a m ost liberal com plexion, a n d h a d n o th in g in co m m o n w ith the old-fashioned

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T oryism in w hich he h a d been bred. In 1837 he w as an unsuccessful c an d id ate for th e representation o f Fifeshire in th e H ouse o f C o m ­ m o n s. H e had m ade very insufficient p re p ara tio n for his c a n d id a ­ ture, w hich w as suddenly d eterm ined upon in consequence o f an unexpected vacancy in the representation o f the shire, com bined w ith th e injudicious im portunities o f som e o f his friends. A s a consequence he w as defeated by a large m ajority. H e m ad e no fu rth er a tte m p t to o b ta in a seat in P arliam ent until 1841, w hen he w as retu rn ed in th e C onservative interest for th e b o ro u g h o f S ou­ th a m p to n . In th e co u rse o f a speech m ade by him at this tim e he laid dow n his political platform w ith sufficient clearness, as well as w ith m uch eloquence. " I am a C o n serv ativ e.” said h e - “ not upon principles o f exclusionism ; n o t from narrow ness o f view , o r illiber­ a ll y o f se n tim e n t: but because I believe th a t o u r a d m irab le c o n sti­ tu tio n . on principles m ore exalted a n d u n d e r sanctions m o re holy th an those w hich O w enism o r Socialism can b o a st, proclaim s be­ tw een m en o f all classes a n d degrees in th e body politic a sacred b o n d o f b ro th e rh o o d in the recognition o f a co m m o n w elfare here, a n d a c om m on ho p e hereafter. I am a C onservative, not because I a m adverse to im p ro v em en t, n o t because I am unw-illing to repair w h at is w asted, o r to supply w hat is defective in the political fabric, b u t because I am satisfied th a t, in o rd e r to im prove effectually, you m ust be resolved m ost religiously to preserve” ___ [E lgin’s p a rlia ­ m entary career w as sh o rt.] O n th e 14th o f N o v e m b er he succeeded, on th e death o f his father to th e family h o n o u rs a n d estates, his elder b ro th er having died a b o u t tw o years before. A P arliam entary c areer th u s seem ed to be closed to him , a S cottish peer being, according to th e generally received o p in io n , ineligible for a seat in th e C o m m o n s. But a new field for th e exercise o f his talen ts soon presented itself. In M arch , 1842, th e im p o rta n t post o f G o v e rn o r o f Ja m a ic a w as offered to him . H e accepted it, a n d in doing so decid­ ed his vocation in lif e .. . . L o rd Elgin spent som ew 'hat m ore than fo u r years in Ja m aica , du rin g which he fully justified the good o p in io n o f th e G o v e rn m en t to w hich he ow ed his a p p o in tm e n t. His m o d era tio n , eloquence, a n d high sense o f ju stice c o m m e n d ed him to th e goodw ill o f all classes. H e did m uch to p ro m o te th e ed u ca­ tion a n d general w elfare o f th e em an cip ated negroes, and his a d ­ m inistration o f affairs w as m ark ed by con sid erab le m oral a n d social progress in th e colony. H e left for G re at Britain in th e spring o f 1846, a n d , tho u g h he h a d m erely o b tain e d leave o f absence, it was u n d e rsto o d th at he w as not to be ask e d to return. U p o n th e c h an g e o f G o v e rn m en t in th e su m m er o f 1 8 4 6 . .. L o rd G rey becam e Secretary o f S tate for th e C olonies. H is politics w ere op p o sed to th o se o f L o rd Elgin, but he w as wise a n d just e n ough to recognize m erit w herever he found it. Before th e su m m er cam e to a n e n d L ord Elgin received at his h a n d s an offer o f the

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G o v e rn o r-G e n era lsh ip o f British N o rth A m erica. T h e offer was accepted; “ n o t,” says L ord E lgin's bio g rap h er [T . W alro n d ], “ in th e spirit o f m ere selfish a m b itio n , but w ith a deep sense o f the responsibilities a tta ch e d to it.” It w as a rra n g e d th at his L ordship sho u ld leave for C a n a d a early in th e follow ing y e a r . . . . T w o m o n th s before d ep artin g for th e seat o f his G o v ern m en t L o rd Elgin m arried his second wife - L ady M ary L ouisa L am b to n , d a u g h te r o f the first Earl o f D u r h a m .. . . F o r som e m o n th s after L o rd E lgin’s assu m p tio n o f office [Ja n u ­ ary 30, 1847] there seem ed to be a lull in public affairs. T he D raper M inistry still held office, b u t it w as to tte rin g to its fall. T h e fact is th a t, as L o rd E lgin's b io g rap h e r rem arks, “ th ere w as no real politi­ cal life; only th a t pale and d istorted reflection o f it which is a p t to exist in a colony before it has learned to look w ithin itself for the centre o f p o w e r.” Parties were form ed, “ not on b ro a d issues o f principle, but w ith reference to petty local a n d personal interests; and w hen they sought the su p p o rt o f a m ore w idespread sentim ent they fell back on those an tip a th ies o f race w hich it w as the m ain object o f every wise G o v e rn o r to e x tin g u ish ." A s lo r L o rd Elgin h im self he grew in favour day by day. Physically, as well as m en tal­ ly, he furnished a m arked c o n tra st to his im m ediate predecessors. H e w as y oung, a n d enjoyed vigorous health. H e co u ld upon occa­ sion w ork eighteen ho u rs a d ay . a n d felt h im self entirely independ­ ent o f th e sta te o f th e w eather. If his presence w as needed at a public m eeting, th e how ling blasts a n d keen frosts o f a C an ad ian w inter offered no o b stacle to him . H e possessed an a d m irab le tem ­ per. a n d alw ays displayed a pleasant d e m e an o u r before th e public eye. H e did n o t consider it derogatory to his dignity to w alk to c h u rch , instead o f being conveyed th ith er in his carriage. H e w as ever ready to resp o n d im p ro m p tu to any address w hich m ight be presented to him , a n d . like L ord D ufferin in m o re recent tim es, he alw ays contrived to say so m eth in g a p p ro p ria te to the occasion. It w as so o n discovered th a t he w as th e m ost effective sp e a k er in the Province. H is m arriag e to th e d a u g h te r o f L o rd D u rh a m w as an ad d itio n al reco m m en d atio n in the eyes o f m ost C a n ad ian s, w ho regarded his L o rd sh ip 's m em ory w ith th e respect due to one who h a d fought a n d suffered in their cause. T h e G o v e rn o r-G e n e ra l h a d been carefully instructed by Lord G re y b e fo re his d e p a rtu r e fro m E n g la n d as to th e po licy to be pursued by him in carrying on his C a n ad ian A d m in istra tio n . T he instructions w ere o f a liberal a n d enlightened c h ara cte r, but they im plied a certain a m o u n t o f subservience on the p a rt o f th e Legisla­ tu re, a n d L ord Elgin im proved upon th em . H e had m ade him self th o ro u g h ly fam iliar w ith L o rd D u rh a m 's views on colonial ques­ tions, a n d those views had fully c o m m e n d ed them selves to his ju d g ­ m ent. H e saw his w ay to yielding a full m easure o f R esponsible

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G o v e rn m en t w ith o u t in any degree c urtailing th e po w er a n d p rero g ­ ative o f th e C ro w n . H e refused to em broil h im self in th e bickerings o f faction. H e acted h arm on iously with th e M inistry, but did not a tte m p t to conceal from them th a t he w ould, if necessary, w ork with th eir o p p o n e n ts with equal cordiality sh o u ld th e necessity for doing so arise. A b o u t this tim e he w rote to L ady Elgin expressing his op in io n th a t the real a n d effectual vindication o f her illustrious fa th e r's m em ory and proceedings w ould be th e success o f a G o v e r­ n o r-G e n e ra l o f C a n a d a w h o sh o u ld w o rk o u t L o rd D u r h a m ’s views o f G o v e rn m en t fairly. “ D epend upon it," w rote his Excellen­ cy. “ if this co u n try is governed for a few years satisfactorily. L ord D u rh a m ’s re p u ta tio n as a statesm an w ill be raised beyond th e reach o f cavil. I do not indeed know w h eth er I am to be the in stru m en t to carry' o u t this w ork, o r be destined, like o th ers w ho have gone before m e, to break dow n in the a tte m p t; but I am still o f opinion th a t th e thing m ay be done, th o u g h it requires som e good -fo rtu n e. a n d som e qualities not o f th e lowest o rd e r.” H appily, as the event p roved, the diffidence displayed in the above extract did n o t p ro ­ ceed from conscious w eakness. It w as reserved for L ord Elgin to see R esponsible G o v e rn m en t established in C a n a d a on a firm a n d p e r­ m anent basis, a n d from that tim e dow n to th e present day there has been no successful e n d ea v o u r on the p a rt o f any public m an to u n derm ine it. T ru e, th ere have at o d d tim es been a rb itrary preten ­ sions on th e p art o f o n e o r tw o o f L o rd E lgin's successors, but there has been no deliberate a tte m p t to force th e will o f a m inority upon a free people, n o r to assert the prerogatives o f the C row n as an excuse for O n e -M a n G o v e rn m en t. T h ere is surely no intelligent C a n a d ia n o f th e present day, to w hichsoever side o f politics he m ay belong, w ho w ould be satisfied w ith the old system o f Executive irresponsibility, o r w h o c a n n o t distinguish betw een disloyalty to the Sovereign and loyalty to C a n a d a . D uring the sp rin g o f the year there w as a repetition o f form er a tte m p ts to reinforce the M inistry by inducing som e o f the French C a n ad ian leaders to jo in it. T he advances at this tim e were m ade to M r. C a ro n by M r. C ayley. A s on form er occasions, the a ttem p t utterly failed. T h e stu m b lin g -b lo ck , as before, w as M r. D aly, who w ould not resign, a n d w ho could not well be dism issed. T hen fol­ low ed several im p o rta n t m inisterial changes. O n th e 22nd o f April M r. S m ith . A tto rn e y -G e n e ra l fo r L o w er C a n a d a , re sig n ed his place, a n d on th e follow ing day w as a p p o in ted a Ju d g e o f th e C o u rt o f Q u e en 's Bench in his native Province. H e w as succeeded by the H o n . W illiam B adgley, w ho h a d long been a c onspicuous m em ber o f the British p a rty in th e L ow er Province, a n d w ho had recentlyfilled th e office o f a circuit ju d g e a n d c om m issioner in b an k ru p tc y . M r.T a sc h e re a u , the S olicitor-G eneral for L ow er C a n a d a , to o k u m ­ brage at M r. B adgley's accession to a n office to w hich he co n sid ­

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ered th a t he h im self h a d a p rio r claim . H e resigned th e SolicitorG en eralsh ip , a n d a n n o u n ce d his intention o f going into O ppo sitio n : a contingency w hich th e M inistry avoided by ap p o in tin g him to a circuit ju d g esh ip . In M ay M r. Jo h n A . M a c d o n ald jo in e d the M in ­ istry. a n d becam e R eceiver-G eneral, M r. M orris succeeding to the Presidency o f th e C ouncil. M r. D ra p e r h a v in g by this tim e c o m p le t­ ed arra n g e m e n ts for retiring from political life, th e portfolio o f A tto rn ey -G e n e ral for U p p e r C a n a d a , to g eth er with th e leadership o f th e G o v e rn m en t in th e A ssem bly, w ere offered to M r. John H illyard C a m e ro n . T h a t g entlem an w as willing e n ough to accept those dignities, but as M r. H enry S h erw o o d pressed his ow n claims w'ith m uch fervour, a n d th rea te n e d to b ring all his influence to bear against th e M inistry u p o n th e open in g o f th e ap p ro ac h in g session if his pretensions w ere disallow ed, th e G o v e rn m en t yielded, and upon M r. D ra p e r’s retirem ent from office on th e 28th o f M ay, M r. S herw ood accordingly succeeded to the place to w'hich he had so long a s p i r e d - t h a t o f A tto rn ey -G e n e ral a n d Prim e M inister. M r. C a m e ro n , how ever, as a m ark o f special respect, w as ad m itte d to a seat in the C a b in e t on the stre n g th o f his S o lic ito r-G e n e ra ls h ip .. . . T he M inistry, as reconstructed in th e m o n th o f M ay, 1847, is know n to o u r history as the S h erw o o d -D aly M inistry. It contained b u t o n e F re n c h C a n a d ia n m e m b e r - M r . P a p i n e a u - a n d th ere seem ed to be no possibility o f inducing any o th e r o f th a t nationality to enrol him self in its ran k s. M r. D ra p er, th o u g h he had resigned his place in th e C a b in e t, w as still a m em b er o f P arliam en t, a n d took his seat on the independent benches in th e A ssem bly at the begin­ ning o f the session. O n th e open in g day [Ju n e 2, 1847], in o rder th at no tim e m ight be lost in providing for the future representation o f L o n d o n , he gave notice o f his intention to resign his seat for that p la c e .. . . T h e session lasted eight w eeks, d u rin g w hich som e useful laws w ere enacted, a n d a fair sh a re o f business w as d e sp atch ed . T he w eakness o f th e M inistry, how ever, w as m ad e m anifest from day to day, a n d there w as no ch an ce for them to c arry any m easure as to w hich there w as serious divergence o f o p in io n . T hey w ere repeated­ ly defeated, a n d there were again indications o f internal diso rg an iza­ tion. Still they w ould not d em it their p o w e r, tho u g h they professed to be sanguine as to th e result in case o f a general election. T he session w as b ro u g h t to a close on th e 28th o f July, a n d th e rest o f th e year w as largely devoted by b o th parties to active p rep aratio n s for an election cam paign. T h ere w as a n o th e r subject, how ever, w hich engaged public a t­ ten tio n to a large extent. T h e year w as m ark ed by a very large im m igration to C a n a d a from Ireland. A s a rule, it is to th e interest o f colonies to p ro m o te im m igration to their shores, but the rule is subject to m odification by circum stances. In 1847 th e exodus from

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Ireland w as chiefly due to th e failure o f the p o ta to c ro p , a n d the fam ine w hich ensued th ere fro m . T h e im m igrants to C a n ad a were for th e m ost p a rt from th e p o o r a n d indigent classes. M any o f them w ere enfeebled in health by p overty, sta rv atio n , a n d suffering. O w ­ ing to th eir unhealthy c o n d itio n , a n d to th e insufficient acc o m m o ­ datio n provided for such im m ense n u m b ers on the vessels which c o n v e y e d th em a c ro s s th e o c e a n , a m a lig n a n t fo rm o f sh ip -fe v e r b ro k e out a m o n g them . M any died on the w ay o u t. and o f those w ho reached o u r shores alive a large percentage w ere fit only for the h ospitals. Som e idea o f the extent o f the m isery which prevailed m ay be form ed w hen it is know n th a t nearly 100,000 im m igrants w ere lan d ed at Q u eb ec d u rin g the y ear, a n d th a t the n u m b er c o n ­ fined in th e hospitals at one tim e w as not far sh o rt o f 10,000. T he m ortality w as very g reat a m o n g persons o f all ages, a n d though children suffered equally w ith a d u lts, nearly 1.000 im m igrant o r ­ p h an s w ere left d estitute at M ontreal alone. O th e r C a n a d ia n cities a n d to w n s underw ent sim ilar inflictions. C hildren a n d a d u lts alike w ere com pelled to depend upon public a n d private c h a r i ty .. . . T h e necessities o f th e tim e w ere indeed im perative. T h e official m ind ceased, for th e nonce, to concern itself with p a rty questions. G o v e rn m en t aw o k e to th e urgency o f th e occasion. T h e d u ty o f m ak ing public provision for th e sick a n d d estitute w as a p p are n t, a n d th e task o f d oing so w as practically w ithdraw n from th e Civil S ecretary's D e p a rtm e n t, a n d assum ed by th e A d m in istra tio n as a w hole. Im m igrant sheds a n d te m p o ra ry hospitals w ere erected in th e principal cities, a n d such professional assistance as could be o b ta in e d w as pressed in to the public service. In spite o f all th a t could be done, th o u sa n d s o f th e starved a n d fever-stricken victim s died from disease a n d exp o su re. M any C a n ad ian s w ho volunteered as physicians o r nurses fell victim s to co n ta g io n , a n d died by th e side o f th eir suffering patients. T h e R o m an C atholic p riesth o o d a n d the Sisters o f C h a rity , as is their w ont in such em ergencies, displayed a c o u rag e a n d self-sacrifice w hich aw o k e general a d m ira tio n . Early in th e season they repaired in con sid erab le n u m b ers to G ro sse Isle, the q u a ra n tin e sta tio n , a b o u t thirty m iles below Q uebec, in th e m iddle o f th e St. L aw rence, w here th o u sa n d s o f th e sufferers w ere disem ­ b a rk ed . A vast m ajority o f th e la tte r professed th e R o m an C atholic faith, a n d as such h a d special claim s upon th e R o m an C atholic clergy. So n u m ero u s w ere th e patients, a n d so foul w as th e disorder from w hich they suffered, th at th e island w as for som e tim e a m ass o f putrescent loathsom eness. T h e a tm o sp h e re w as as deadly as that o f th e fabled valley o f Jav a th ro u g h w hich th e up as w as said to send forth its fatal exhalatio n s. So m alignant w as the poison th at in som e instances healthy p ersons, landing on the island to m inister to the w ants o f th e sufferers, w ere struck do w n by th e pestilence a n d lay dead w ithin a few h o u rs. It will h ardly be denied th a t th e co u rag e

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w hich enables a h u m a n being to e n co u n ter such dangers as these is at least as w orthy o f em u latio n as th at m o re d em o n stra tiv e heroism w hich impels to such achievem ents as th e charge o f th e Light Bri­ g ad e. T h e p riesth o o d a n d sisterhood o f R om e descended upon G ro sse Isle like angels o f m ercy. If it c a n n o t be said th at at their c o n tro l “ D espair a n d anguish lied the struggling so u l." it is at least tru e th at they did w h a t in them lay to cool the p arch ed to n g u e, to lighten th e pangs o f dissolution, a n d to p re p are the m ind o f the sufferer for th e great change before him . T hey m inistered to th e tem p o ral co m fo rts o f th e living, a n d held the crucifix before the fading eyes o f th e dying. T h ey h a d indeed th e co u rag e begotten o f th a t im plicit faith which rem oves m o u n ta in s. It m attere d not to them th a t th e air w as laden w ith pestilence: th a t th e next breath w hich they drew m ight be ch arg ed with germ s as fatal to h u m a n life as w as th e death -d ealin g d ra u g h t o f the Borgias. T hey felt th at in alleviating h u m a n suffering they w ere carrying o u t th e injunctions o f th e F o u n d e r o f all C hristian faiths, a n d th a t neith er pestilence, p o iso n , n o r any o th e r deadly thing h a d po w er to h arm them w ith­ out their M a ste r’s leave. W ith the advent o f a u tu m n a n d cool w eath er the virulence o f th e disease sh o w ed signs o f a b atem e n t, a n d then th e voice o f the C a n ad ian people began to m ak e itself h e ard . They h a d nobly re­ sp o n d e d to th e call o f c h arity , a n d had spent b o th them selves and their su b stan ce in th e cause o f suffering h u m a n ity . Now they began to inquire w hy they sho u ld have been called upon to do so. They h a d been put to great expense to provide for th e starv in g and helpless p o o r o f G re at B ritain, w ho. as it seem ed, had been inflicted upon the C a n a d ia n s merely because Britain herself w ished to be rid o f th em . C a n a d a , they said, h a d been m ad e a scap eg o at. It seem ed only fair th a t th e m o th e r-co u n try should at least recom pense them for th e outlay w hich had been im posed upon th em . “ It is e n o u g h ." said they, “ th a t o u r houses sh o u ld be m ade a receptacle o f this m ass o f w ant a n d m isery: it c a n n o t surely be intended th a t we are to be m ulcted in heavy pecuniary dam ages besides.” A s th e season advanced, a n d th e extent o f th e pecuniary infliction cam e to be m o re definitely know n, th e feeling o f d issa tis fa c tio n to w a rd s the m oth er-co u n try began to m a k e itself m o re m anifest. T h e French p o p u latio n h a d never been favourable to British im m igration to C a n a d a , a n d th e events o f th e year h a d not ten d ed to reconcile them to it. T h e O p p o sitio n , as usual u n d e r such circum stances, sou g h t to m ak e political capital o u t o f the calam ities o f the tim e by hold in g th e G o v e rn m en t to som e extent responsible th erefo r. T he republican elem ent in the pop u latio n h a d an o p p o rtu n ity o f c o n ­ trastin g the im m igration arra n g e m e n ts o f th e U n ited States with o u r o w n . a n d th e c o n tra st w as not to o u r a d v an tag e. A t New Y o rk , no so o n e r did th e c h a ra c te r o f th e y e ar’s im m igration be-

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com c know n th an th e law s were rigidly enforced against shipow ners w ho violated th eir b o n d s by landing d estitute a n d indigent persons: a n d this had th e effect o f diverting such persons to o u r ow n shores. In a w o rd , there w ere a b u n d a n t g ro u n d s for dissatisfaction on the p art o f C a n a d ia n s, a n d they w axed m oody a n d angry. T h e clim ax w as reached ju st as th e sea so n 's navigation closed, w hen, in spite o f th e rem onstrances against fu rth er inflictions w hich h a d been sent across th e A tlantic, a shipload o f em igrants from Lord P alm er­ sto n 's Irish estates w ere landed at Q uebec. N ow L ord P alm erston w as S ecretary for Foreign A ffairs in the existing H o m e G o v e rn ­ m en t. a n d this depletion from his estates w as looked upon in this country as a wilful a n d quasi-official disregard o f o u r representa­ tions. Som e o f the new spapers indulged in m uch plainness o f lan ­ guage. L o rd Elgin h im self w ro te to Earl G rey urging th e claim s o f C a n a d a to recom pense for her pecuniary loss, a n d it was not till his Excellency w as ab le to assure the public th a t his arg u m en ts had p ro d u ced th e desired effect, a n d th at E ngland w ould herself bear th e expense to which th e colony h a d been subjected, th a t th e public pulse quieted dow n. T o w a rd s th e end o f S eptem ber th e G o v e rn o r visited Q uebec, a n d early in O c to b e r he sta rte d on a w estern to u r, in th e course o f which he visited the chief to w n s on L ake O n ta rio . H e w on the hearts o f the people w herever he w ent. In L ow er C a n ad a he d e ­ lighted th e French by talk in g to them in th eir native to n g u e. In U p p e r C a n a d a his re p lies to th e in n u m e ra b le a d d re sse s w hich aw aited him were ch ara cte riz ed by a com bined sta te sm a n sh ip and good-fellow ship which produced a very p a lp ab le effect upon public o p in io n . A s th e year drew to its close it w as ru m o u red th a t there w as to be an im m ediate dissolution. T he ru m o u r w as follow ed by its fulfilm ent on th e 6th o f D ecem ber 11847). and from th a t date until the 24th o f Ja n u a ry follow ing th e Province w as in the throes o f a general election c a m p a ig n .. . . T h ere w as o f co u rse great activity and excitem ent all through th e election c am p aig n , but th e result w as from the first a foregone conclusion. T h e reaction h a d fairly set in. a n d w hen all th e returns h a d been m ad e it w as found th at th e G o v e rn m en t were in a h o p e ­ less m inority. T h e R eform ers sw ept th e constituencies like a broom in both sections o f the Province. All th e leading m em bers o f their party were re tu rn e d , and it w as evident lh at if they judiciously availed them selves o f their o p p o rtu n ities a long lease o f pow er w as before th em . T h e G o v e rn m en t recognized their defeat, a n d it w as a question with them w h eth er they should forthw ith ten d e r their res­ ignations o r w ait until the m eeting o f P arliam ent. T he latter course w as finally decided upon as th e day o f assem bling w as near at hand.

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Lafontaine-Baldwin T h e new P arliam ent assem bled at M ontreal on F riday, th e 25th o f F e b ru a ry , 1848. A t three o 'c lo c k in the aftern o o n o f th a t day his E xcellen cy , a c c o m p a n ie d by his sta ff, a n d by th e P ro v in cial Secretary. M r. D aly, entered th e C h a m b e r o f th e Legislative C o u n ­ cil. T h e m em bers o f th e A ssem bly having been su m m o n ed to th e bar, M r. M cG ill. S p eak er o f the Legislative C o u n c il, a n n o u n ce d th a t his Excellency did not th in k fit to declare th e causes for su m m o n in g the present P arliam ent until a S p eak er to the A ssem bly sh o u ld b e elect­ ed, a ccording to law . M o n d a y , the 28th being n a m e d for the delivery o f th e Speech from th e T h ro n e , th e m em bers o f th e L ow er H ouse re­ tire d to th e ir ow n C h a m b e r, a n d p ro c e e d e d to th e e le ctio n o f a Speaker. T h e stren g th o f parties w as so o n put to th e test. T he proceed­ ings in the A ssem bly were com m enced by M r. C ayley InspectorG en eral in th e m o rib u n d M inistry, w ho p ro p o se d th a t Sir Allan M a c N a b . th e late incum bent o f the office, sh o u ld be S peaker. T he m otion w as seconded by C olonel Prince, w ho highly co m plim ented Sir A llan on th e m an n e r in w hich he had discharged his official d u tie s d u rin g th e la st P a rlia m e n t. M r. B a ldw in th e n ro se and m oved th a t th e H o n . A . N . M o rin sho u ld be S peaker. H e adm itted th a t Sir A llan h a d usually discharged th e duties pertaining to the office as efficiently as w as possible in a gentlem an unacqu ainted with th e French language, but he su b m itted th at in a H ouse w here so m any m em bers w ere F re n c h , a n d som e o f w hom w ere unab le to speak o r u n d e rstan d E nglish, it w as a p ractical necessity th a t the S peaker should have know ledge o f b o th languages. M r. M o rin ’s fam iliarity with b o th F rench a n d English c o m b in ed w ith his digni­ ty, know ledge o f P a rliam en tary law , and general urb an ity ol m a n ­ ner, w ere referred to by M r. Baldw in as preem inently fitting him for th e S p e a k er’s office. T h e m o tio n w as seconded by M r. L afontaine. A vote w as then tak e n , and Sir A llan ’s c a n d id a tu re w as defeated by

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a vote o f fifty-four to nineteen. M r. M orin w as then elected by acclam atio n , a n d c onducted to his seat am id lo u d cheering from all p arts o f th e C h a m b e r. T h e vote on th e S peakership a fforded a plain in dication o f th e w eakness o f the M inistry'. A n d here it is w orth w hile to note th e m ost im p o rta n t changes b ro u g h t a bout by the recent e le c tio n s .. . . M r. H incks, after m ore th an fo u r y ears’ absence from public life, enjoyed th e h o n o u r o f being retu rn ed for his old constituency o f O x ford, alth o u g h he w as him self o u t o f the co u n try at the tim e, a n d u n a b le to ta k e p a rt in th e canvass. Several m o n th s before the dissolution he h a d tem porarily consigned th e ed ito rsh ip o f the P ilot to o th e r h ands, a n d h a d crossed th e A tlan tic on a visit to th e hom e o f his b o y h o o d . In anticip atio n o f a general election, he h a d before leaving C a n a d a m ade provision for such a contingency, by consign­ ing to tru stw o rth y h a n d s a d eclaration o f qualification, as required by th e sta tu te in th at behalf. T h e precaution w as wise, as th e elec­ tion for O xford cam e on at th e end o f D ecem ber, 1847, a t which tim e M r. H incks w as still absent from C a n a d a , a n d could not legally have been a c a n d id a te unless the statutory' declaratio n had been forthcom ing. His interests w ould seem to have been well taken care o f in his absence, as he w as retu rn ed by a m ajority o f 335 votes o v er his o p p o n e n t, a local c an d id ate nam ed Peter C a r r o ll .. . . W illiam Buell R ichards, th e new m em ber for L e e d s ,. . . was born in 1815, at Brockville, in w h at w as then th e Jo h n sto w n D is­ trict. His father. M r. S tephen R ichards, w as a w ell-know n resident o f Brockville, w here he for m any years exerted a stro n g political influence o n th e R eform side, a n d w here he w as highly respected fo r his ste rlin g in te g rity a n d sh re w d n e ss o f ju d g m e n t. T h e son studied law , a n d w as called to th e b a r o f U p p e r C a n a d a in 1837. H e settled dow n to practice in his native to w n , a n d w as soon k n o w n as a successful law yer. F ro m an early age he had taken a w arm interest in politics. H e espoused R eform views, a n d during th e contest with Sir C harles M etcalfe sym pathized strongly with the advocates o f R esponsible G o v e rn m e n t. A t th e general election o f 1844 he w as n o m in a ted for th e county o f L eeds, but retired in fav o u r o f his m aternal uncle, after w hom he w as nam ed - M r. W il­ liam Buell. T he last-nam ed gentlem an contested the c o u n ty with the O range G ra n d M aster, w ho w as elected. . . . T h e election o f J a n u ­ ary, 1848, reversed this verdict. M r. R ichards offered him self in o p p o sitio n to M r. G o w a n , a n d defeated th a t g entlem an by a m ajo r­ ity o f sixty. H e o f co u rse a rray ed him self in O pposition du rin g the b rief interval w hich elapsed until th e resignation o f the Ministry'. It m ay be as well to glance briefly at the subsequent events o f his career. U p o n th e form ation o f th e new G o v e rn m en t he becam e one o f its m ost efficient su p p o rte rs. T h o u g h neither show y n o r brilliant, h e inherited his fa th e r's shrew d ju d g m e n t a n d co m m o n sense, and

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w as p ro n o u n c ed by M r. L afo n tain e to be th e m ost logical thinker and d e b ater in th e A ssem bly. U p o n the form ation o f th e H incksM o rin G o v e rn m en t to w ard s th e close o f 1851 he accepted office in it as A tto rn ey -G e n e ral, and retained th at portfo lio until 1853, when he w as a p p o in te d to a puisne ju d g esh ip o f the C o u rt o f C o m m o n Pleas for U p p e r C a n a d a . In 1863 he becam e C h ief Justice o f that C o u rt, a n d in 1868 w as p ro m o te d to be C h ief Justice o f U pper C a n a d a . U pon th e establishm ent o f th e Suprem e C o u rt o f the D om in io n in 1875 he w as a p p o in te d C h ief Justice o f it, a n d re­ tained th a t dignity until 1879, w hen he voluntarily retired. As a ju d g e he occupied a very high place in public esteem , and his deci­ sions have alw ays c o m m a n d ed th e highest respect o f both bench and b a r .. . . A n im p o rta n t n a m e still rem ains to be m entioned - th at o f W il­ liam H um e Blake, father o f th e present leader o f the O pp o sitio n in th e H ouse o f C o m m o n s o f th e D o m in io n [H o n . E dw ard Blake). M r. Blake w as an Irishm an, a n d a m em ber o f th e fam ily know n as th e Blakes o f C astlegrove, in th e c o u n ty o f G alw ay . H e w as b orn at K iltegan. in the c o u n ty o f W icklow - w here his father, a clergym an o f th e C h u rc h o f E ngland, w as R e c t o r - in 1809. H e w as educated at T rin ity C ollege. D ublin, a n d a fterw ards studied surgery for a tim e under Sir Philip C ra m p to n . F inding lh at surgery w as not to his taste , he began a course o f theological stu d y w ith a view to e ntering th e C h u rc h . H e so o n after resolved to em igrate to C a n ad a . In 1832. in c o m p a n y with an elder b ro th e r, a n d o th er relatives and friends he carried o u t this resolution. H e settled in th e C an ad ian b ackw oods, in a rem o te c o rn e r o f th e tow nship o f A delaide, in the c o u n ty o f M iddlesex. T here he had his eyes opened to th e prosaic realities o f a pio n eer's life: a life for which his ed u catio n and natural tastes rendered him singularly u nsuited, alth o u g h its novelty m ade it not unattractiv e to him . H e soon resolved to a b an d o n it. A son was b o m to him , w hose ed u catio n m ust for future be a m a tte r o f im p o r­ tance. A suitable edu catio n w as not to be h a d at such a distance from any seat o f learning. T h is last consideration had g reat weight w ith him . a n d after spending several unprogressive years in the forest he rem oved to T o ro n to , w here he studied law , a n d w as called to the bar. H aving at last settled do w n earnestly to a definite and congenial p ursuit, he bent his pow erful m ind to th e a tta in m en t o f success. He so o n achieved a forem ost place in a profession which n um bered in its ra n k s such em inent personages as W illiam H enry D ra p e r. R o b ­ e rt B ald w in , R o b e rt B aldw in S u lliv a n , J o h n H illy a rd C a m e ro n , H enry Jo h n B o u lto n , and Jo h n H aw kins H ag arty . H e com m an d ed a n d deserved success, and w as so o n kn o w n , not m erely as an excel­ lent a n d p ro sp ero u s law yer, but as an h o n o u ra b le and high-m inded m an . H e im pressed all w ho knew him with a sense ol m ental

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pow er. His squarely-cut b ro w , his earnest, expressive countenance, his tall, co m m an d in g presence, a n d th e clear, m ellow , resonant to n es o f his voice, all com bined w ith his vigour o f intellect to render him a form idable an tag o n ist before a ju ry . In later tim es his pow er w as equally c onspicuous on th e floor o f the A ssem bly. H e p o s­ sessed in an unusual degree th e faculty o f sarcasm and invective. H e had an elevated sense o f m a n ’s responsibility to m an , and w hen his an g er w as roused by any exhibition o f injustice o r lo w -m in d e d n ess- a not u n co m m o n c o n tin g e n c y - his eye co u ld assum e the lurid glare ol forked lightning, a n d passionate w ords rolled from his lips like a resistless to rren t from the c ra te r o f a volcano. In reading th e re­ ports o f som e of his passionate o u tb u rsts, o n e is perforce rem inded o f the tu m u ltu o u s o u tp o u rin g s o f his illustrious c o u n try -m a n , th e great D ean o f S t. P atrick 's. His gestures at such tim es w ere vehem ent and overw helm ing, a n d no m an w ho wilfully stung him to fury w as ever anxious to repeat th e experim ent. It w as inevitable th a t o n e situ ate d as he w as, a n d possessed o f such a m en ta l c o n s titu tio n , sh o u ld b e sto w c o n s id e ra b le a tte n tio n upon politics. H e w as naturally a m an o f L iberal instincts, but the c o ndition o f society at th e tim e w hen he first to o k up his ab o d e in T o ro n to doubtless tended to confirm him in his predilections. H e w as b ro u g h t into c o n tact with a sta te o f things w hich, happily, has long passed aw ay, but w hich, forty-five years a g o , still flourished w ith som e degree o f vigour in th e little capital o f U p p e r C a n ad a . H e sa w a ro u n d him a c liq u e o f so cial o lig a r c h s - d e sc e n d a n ts o f p o o r half-pay officers a n d b ro k en -d o w n gentlem en - few o f w hom enjoyed th e blessings o f a liberal e d u ca tio n , a n d fewer still o f w hom co u ld boast of m ore th an th e m ost c o m m o n p lace m ental e n d o w ­ m ents. H e saw this clique a rro g a tin g to them selves an exclusiveness a n d social sup erio rity w hich w ere only saved from being ridiculous by th e fact th at they still retained sufficient social prestige to o s tra ­ cise an y o n e w ho did not c o n fo rm to th eir sta n d a rd . H e saw th at the race w as by no m eans to th e sw ift. H e also saw , w h at the feather­ brained m em bers o f the clique failed to perceive, th a t their reign was rapidly d raw ing to a close, a n d th at it w as th e duty o f every w ell-w isher o f his fellow -m an to hasten its dow nfall. His ju st and generous m ind revolted at th e petty so c ial.ty ra n n y w hich prevailed, and no public m an o f his tim e w as m ore zealous in his efforts to redeem th e institutions o f his a d o p te d c o u n try from the obloquy w hich h a d g a th e red ro u n d th em . It w as p ro b ab ly his m isfortune, ra th e r th an his fault, th a t he w as som ew hat u n c h arita b le in passing ju d g m e n t upon th e delinquencies o f o th ers. T h ere w as noth in g low o r base in his ow n n a tu re : he w as guilty o f no serious shortcom ings, a n d w as m entally in cap ab le o f m aking due allow ance for th e faults o f those subjected to g re ater tem p tatio n s th an he h im self h a d ever kn o w n . But if h e w as som ew hat stern a n d uncom prising in his

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relations with th e outside w o rld , no m an w as m o re genial o r w a rm ­ h e arted in th e social a n d dom estic circle. H e h a d w ithin him a deep well o f affection for his fam ily a n d friends, w ho on their p a rt re­ g ard ed him with feelings little sh o rt o f id o latry . T h ere are persons yet living w ho c a n n o t recall th e m em ory o f W illiam H u m e Blake w ith o u t a sensation o f huskiness in the th ro a t. F ro m th e d a te o f his call to th e b a r be w as a n active m em ber o f th e R eform p a rty in U p p e r C a n a d a . It goes w ithout saying th at he sym pathized strongly w ith th e ex-M inisters in their contest with L o rd M etcalfe for R esponsible G o v e rn m en t. A t the first general election w hich ensued after th eir resignation he con tested th e Sec­ o n d R iding o f Y o r k - n o w th e c o u n ty o f P e e l- w ith M r. G eorge D u ggan, but T o ry influences w ere for th e tim e in th e ascendant, a n d th e v o te o f th e e le c to rs w as a d v e rse to his c a n d id a tu re . H e subsequently o p p o se d th e H o n . W . B. R obinson in Sim coe, and again sustained defeat. In January', 1848, how ever, d u rin g a n a b ­ sence in E u ro p e, he w as re tu rn e d by a m ajority o f m ore th a n 200 for th e East R iding o f Y o rk - now th e co u n ty o f O n ta rio - w here he was o p p o se d by M r. G e o rg e M o n ro . Soon after his retu rn to C a n a d a he becam e S olicitor-G eneral in th e new M inistry, a position w hich he held for seventeen m o n th s .. . . T h e only new m em b er from th e L ow er section o f th e Province w ho requires p a rtic u la r m ention w as a g entlem an w hose n a m e has already frequently ap p eared in these pages, but w ho is now entitled to a m ore form al in tro d u c tio n . H e b o re th e w ell-know n n a m e o f L ouis Joseph P ap in eau , a n d w as th e eldest b ro th er o f th e gentle­ m an w ho h a d recently resigned th e C o m m issio n ersh ip o f C row n L ands. H is care er h a d been one o f very re m ark ab le activity, and he h a d once w ielded a m ore p o rte n to u s influence in his native Province th a n any o th e r m an o f his tim e. H e w as b o m a t M o n tre a l o n th e 7 th o f O c to b e r, 17 8 6 .His father, Joseph P apineau, w as a p ro sp ero u s n o tary o f m uch force o f c h ara cte r, w ho w as for m an y years a m em b er o f th e Provincial A ssem bly o f Q uebec. L ouis Joseph w as from his earliest years a b o y o f ra re pro m ise; th e prid e o f his father, a n d th e spoiled darling o f his m o th e r . H e re ce iv e d his e d u c a tio n a t th e S e m in a ry o f Q uebec, w here h e w as k n o w n as a b rig h t, p recocious, im petuous lad , full o f en th u siasm , a n d n o t easily k e p t in su b o rd in a tio n . A fter leaving th a t institu tio n he began th e study o f th e law , a n d w as called to th e b a r in 1811. L ong before arriv in g at his m ajority he h a d becom e th e leading spirit a m o n g a w ide circle o f clever French C a n ad ian y o u th s w ho regarded him as a n intellectual prodigy. H e w ro te fervid articles in th e new spapers, a n d fo u n d o p p o rtu n ities for m aking elo q u en t speeches to th e people on vario u s occasions. H e early a cquired a n influence alto g eth er d isp ro p o rtio n a te to his years. In 1809, before c om pleting his legal studies, h e w as elected to th e

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A ssem bly, w here he so o n displayed very rem ark ab le pow ers o f o r a ­ to ry . H e h a d a fine presence, a n d w as a m ost im passioned sp e a k ­ er. His self-confidence w as sim ply am azing in a y o u th o f his years. H e h a d becom e so accustom ed to have all his efforts lauded to the skies th a t he regarded indiscrim inate praise as n o th in g m o re than fitting trib u te to his genius. T h at his pow ers w ere far beyond those o f th e average yo u n g m an o f tw en ty -th ree m ust at o n c e be conced­ ed, a n d had his aggressive self-assertion been kept in check until m atu re age a n d experience had tau g h t him m o d era tio n he w ould p ro b ab ly have developed into a wise a n d useful servant o f th e State. But th e pedestal on w hich he w as placed by th e idolatry o f his co n te m p o ra ries im bued him with a self-sufficiency w hich w as disas­ tro u s to his m ental developm ent. H e soon cam e to regard him self as a heav en -b o rn legislator w hose intuitive perceptions w ere th e be-all a n d e n d -a ll o f s ta te s m a n s h ip . H is se lf-e stim a te w a s read ily a c ­ quiesced in by an enthusiastic b and o f adm irers, a n d he becam e the virtual head o f a p a rty o f N a tio n a lists w ho follow ed his lead w ith ­ o u t cavil o r q u estio n . H is w isdom a n d p atriotism w ere d o u b ted by n one o f his ad h ere n ts, a n d w ere im plicitly believed in by himself. T h e A m erican invasion o f 1812 in te rru p ted , for a tim e, his c are er as a legislator. L ike m any o th ers o f his c o m p a trio ts w ho disapproved o f th e existing o rd e r o f things, he yet. h a d no desire to see C a n ad a subju g ated by a foreign pow er. H e valiantly buckled on his sw ord, to o k th e c o m m a n d o f a c o m p an y o f volunteers, a n d served until the close o f th e w ar. U p o n th e m eeting o f th e A ssem bly early in 1815 he w as elected S p e a k er o f th a t b o d y , th e late in cu m b en t, M . Jean A ntoine P anet, having been called to the Legislative C ouncil. Space forbids o u r follow ing o u t th e su b seq u en t career o f M r. P apineau in detail. F o r th e next tw enty-tw o years his history is th e histo ry o f L ow er C a n a d a . H e w as th e m ost active spirit in th e Province in o r ­ ganizing a n d con d u ctin g o p p o sitio n to a u th o rity ___ F o r th e Low er C a n ad ian rebellion o f 1837-'38, a n d for m any o f its disastrous conse­ quences, M r. P apineau m ust in all ju stic e be held chiefly responsible. [A fte r th e re b ellio n h e w e n t in to exile in th e U n ite d S ta te s a n d F ran ce. In 1843, th ro u g h th e exertions o f L afo n tain e, he w as given perm ission to retu rn to C a n a d a b u t did not ta k e ad v an tag e o f th at o p p o rtu n ity until 1847. In th e general elections o f D ecem ber 1847Ja n u a ry 1848 P apineau w as re tu rn e d for St. M aurice. H e sat in th e new A ssem bly as a n in d ep en d en t, b u t quickly m oved into opposition to L a fo n ta in e ],. . . T h e n u m b er o f ab le m en w ho a p p ea red in th e ranks o f th e O pposition led th e M inistry to a n tic ip a te rough h an d lin g d u rin g the d eb ate o n th e A ddress. Such a n tic ip a tio n s, how ever, w ere not real­ ized, as th e O p p o sitio n c o n d u cted them selves with g reat m o d era ­ tio n . P u rsu an t to previous an n o u n ce m e n t, th e Speech from the T h ro n e w as delivered on th e 28th. T h e clause w hich gave th e g re a t­

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est satisfaction to th e pu b lic w as one intim ating th a t th e H om e G o v e rn m en t h a d tak e n into serious co n sid eratio n th e distress and suffering o ccasioned by th e im m ig ratio n o f th e preceding year, with a view to avoiding a recurrence o f such a sta te o f affairs. Provincial legislation on th e subject w as also suggested for th e p u rp o se o f discouraging u ndesirable im m ig ratio n . T h e A ddress in reply was m o v ed by C o lo n e l P rin c e, a n d se c o n d e d by M r. C h ristie . A n am en d m en t w as m oved by M r. Baldw in, w ho m ade a c alm , practical speech in his best vein, free from any a tte m p t at declam atio n o r oratorical effect. H e reviewed at considerable length th e history o f th e vario u s phases o f m inisterial policy w hich had prevailed since th e resignation o f him self a n d his colleagues in 1843. H e pointed o u t th at th e G o v e rn m en t h a d never possessed public confidence: th a t they h a d c o m e into po w er th ro u g h th e u n co n stitu tio n al p ra c ­ tices o f th e late G o v e rn o r, a n d th at th e feeble m ajority w hich they h a d at first possessed h a d lo n g since failed th em . T h e d eb ate from first to last w as vigorous, but m o re decorous th a n u n d e r th e circu m ­ stances m ight reasonably have been expected. T h e result w as a vote o f fifty-four to tw enty in fav o u r o f th e a m e n d m en t. T h is w as on F rid a y , th e 3rd o f M arch. T h a t the M inistry should a tte m p t to rem ain in office a fter such a vote w as o u t o f th e q u estio n . O n the follow ing day they w aited on th e head o f th e G o v e rn m e n t and tendered th eir resignations. H is Excellency w as o f co u rse p repared for such a result, a n d at once pul h im self in c o m m u n ica tio n w ith M r. L afo n tain e. to w hom he e n tru ste d th e task o f form ing a new a d m in istratio n . M r. L afo n ­ tain e conferred w ith M r. B aldw in, a n d th e tw o en tered u p o n the arran g em en t o f details. O n th e evening o f W ednesday, th e 8 th . M r. Aylwin a n n o u n ce d to th e A ssem bly lh a t the new M inistry' w as in process o f fo rm atio n , a n d w o u ld soon be com plete. N o tw ith stan d in g the large Liberal m ajority in the A ssem bly, the form ation o f a M inistry w as a task not u n a tte n d ed w ith difficulties. T h e difficulties, indeed, w ere increased by th e n u m b er o f persons eligible for office. It w ould h av e been easy enough to form ci M inis­ try'. bui th e object o f M essieurs L afo n tain e a n d Baldw in was to m a k e su c h a se lec tio n as s h o u ld c o m b in e th e g re a te s t p o ssib le strength w ith a due regard to th e respective claim s o f th e vario u s ele­ m ents in th e p o p u latio n . T hey received great en co u rag em en t from th e G o v e rn o r, w ho w as resolved lh a t they should have a fair trial, a n d lh at th ere sh o u ld n o t. if h e co u ld av o id it. b e any re petition o f the “ a n ta g o n ism " upon w hich Sir C h arles M etcalfe had laid so m uch stress in form er years. “ 1 sp o k e to th e m ,” w rote his Excellency a few days a fterw ard s to th e C olonial Secretary, “ in a c an d id a n d triendly tone: told them th at 1 th o u g h t th e re w as a fair p ro sp ect, if they were m o d erate a n d firm , o f form ing an ad m in istratio n deserving a n d e n ­ joying th e confidence o f P a rlia m en t; th a t they m ight c o u n t on all

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p ro p e r su p p o rt a n d assistance from m e. T hey dwelt m uch o n difficul­ ties arising o u t o f pretensions adv an ced in v a rious q u a rte rs; w hich gave m e an o p p o rtu n ity to advise them not to a tta ch to o m uch im ­ p o r ta n c e to su c h c o n s id e r a tio n s , b u t to b rin g to g e th e r a C o u n c il stro n g in adm in istrativ e tale n t, a n d to tak e their sta n d on th e w isdom o f their m easures a n d policy.” O n th e 10th, M r. L afontaine accepted office as P rem ier a n d A tto rn ey -G e n e ral, a n d for tw en ty -fo u r hours w as sole M inister. In th e co u rse o f th e sam e day all m inisterial a r ­ ran g em en ts w ere com pleted, a n d o n th e 11th th e new G o v e rn m en t cam e into p o w e r .. . .

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Gathering Clouds . . . T h e year 1848 w as a tte n d ed w ith political d istu rb an c e th ro u g h ­ o u t th e greater p a rt o f E u ro p e. In F ran ce th e flam es o f revolution burst forth in F e b ru a ry , a n d intelligence o f th e p ro c la m a tio n o f the R epublic a n d th e flight o f L ouis Philippe reached C a n a d a while P arliam ent w as yet in session, a n d w hen th e new A dm in istratio n w as little m o re th a n a week old. It w as a p eriod o f anxiety to the representatives o f m o n arch y all over th e w orld, a n d L ord Elgin c o n g ratu la ted h im self upon th e strength a n d loyalty o f th e new G o v e rn m en t. H e w as conscious th a t th ere w ere disaffected elem ents in th e p o p u la tio n , ready to seize any pretex t for in flam m ato ry a p ­ peals to anti-B ritish sym pathies. T h e French C a n ad ian s, while they h a d for th e m ost p a rt ac­ quiesced in th e new o rd e r o f things w hich cam e into being w ith the U n io n , h a d never been a n d co u ld not be expected to be, en th u sias­ tic in their a tta c h m e n t to British institutions. T h e loyalty o f a c o n ­ q uered race is never deep-seated o r p ro fo u n d . M r. P a p in ea u ’s re­ tu rn to C a n ad a h a d tended to revive passions and feelings which h a d to a g reat extent been suppressed du rin g his absence. H is rest­ less n a tu re a n d disap p o in ted am bition fo rb ad e him to rem ain quies­ cent. P o p u la r ap p la u se w as as th e breath o f his nostrils, a n d he was conscious o f having been in a large m easure su p p la n te d by younger m en. M r. L afo n tain e s’s h o ld u p o n th e hearts o f his co m p a trio ts was a sh a rp th o rn in th e flesh o f th e m an w hose ascendency had once been u n d isp u ted a n d su p re m e .T h a t M r. L afo n tain e a n d M r. P a p in e a u w ere b o th z e a lo u s fo r th e w e lfare o f th e n a tio n a lity to which they belonged is indisputable. T h e latter, how ever, w as perp et­ ually straining after u n a tta in a b le ideals. M r. L afo n tain e, on th e other h a n d , w as ab le to distinguish betw een th e practicable a n d th e im p ra c ­ ticable. It has been seen th a t so lo n g as th e acco m p lish m en t o f the U n io n w as a d o u b tfu l m atter he o p p o se d th e project to th e u tm o st o f

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his p o w e r; b u t w hen all his efforts pro v ed a b o rtiv e he accepted th e in ­ evitable, a n d bent his m ind to m ak in g th e m ost o f w h at w as w ithin his reach. T h at in so doing h e acted w ith tru e w isdom a n d p atriotism will now be denied by few. T o M r. P apineau, how ever, such a policy w as em inently distasteful. H e put forth various appeals in w hich R e­ s p o n s ib le G o v e rn m e n t a n d th e U n io n o f th e P ro v in c es w e re d e ­ n ounced with u n sp a rin g vehem ence. H e grad u ally succeeded in ro u s­ ing feelings w hich, while they did n o t actually m enace th e influence o f M r. L afo n tain e, yet a d d ed to th e difficulties o f th e G o v e rn m en t, and increased th e strength o f th e C a n a d ia n disloyalty, because th e intelli­ gence a n d g o o d sense o f th e p riesth o o d co u ld alw ays be ap pealed to .. . . T h e Irish p o p u latio n also had th eir grievances, a n d w ere not slow o r d iffid e n t in p ro c la im in g th e m . In Ire la n d , th e fa m in e o f 1847 w as follow ed by th e insurrection o f 1848, a n d th e spirit which pro d u ced the la tte r w as reflected very strongly on this side o f th e A tlantic. Several tim es in th e course o f th e su m m er th e Province w as th re a te n e d w ith a n in v asio n fro m a c ro ss th e b o rd e rs . Irish o ra to rs cam e o v er from N ew Y o rk to stir up an agitatio n on th e subject o f repeal. T h e G o v e rn o r w atched th e co u rse o f events very narrow ly, bu t th e collapse o f th e insurrection in Ireland put a sto p to all efforts on th e p a rt o f “ sy m p ath izers” on this c o n tin e n t, and th e d a n g er, if any th ere w ere, passed by. T h e grievances o f th e British com m ercial p o p u latio n were m uch m ore form idable, a n d called for a different m eth o d o f trea tm e n t. T hey a ro se in g reat p a rt from th e Im perial Free T ra d e A ct o f 1846, w hereby th e ad v an tag es accruing from L ord S tanley’s A ct o f 1843, were lost to C a n a d a . By th e last-nam ed sta tu te C a n a d ia n w heat an d flour were a d m itte d into British ports at a nom inal d u ty . T his regulation m ade it pro fitab le for C a n ad ian s to im p o rt grain from th e U n ited States, w hich they g ro u n d into flour in this c o u n try and then shipped to th e English m ark e t. In o rd e r to carry on this e n te r­ prise successfully, large a n d costly mills a n d storehouses w ere neces­ sary. C a n ad ian m illers, m erch an ts a n d forw arders invested large sum s in such w o rk s in vario u s p a rts o f th e Province, a n d in c o m ­ pleting arra n g e m e n ts for carry in g them on to th e best advantage. T h e p ro d u c e o f th e W est w as a ttrac ted to th e St. L aw rence, a n d a large revenue a ccrued to th e P rovince from canal dues. Scarcely were these arra n g e m e n ts effected ere th e A ct o f 1846 abolished the differential duties on th e im p o rta tio n o f foreign a n d colonial grain into th e kin g d o m , a n d placed th e m erchants o f th e U nited States in a position equally favourable with o u r ow n in th a t p a rticu la r. All ad v an tag es to th e Province w ere lost. P roduce at o n ce sought new chan n els to U nited States p o rts, a n d thence to E ngland. T h e result w as ruin to m any C a n a d ia n o p e rato rs, a n d g reat loss to all. T he revenue from canal duties fell off, insom uch th a t th e colonial fi­

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nances w ere crippled. W h at th e petitioners o f 1846 h a d so m uch d read ed h a d now c o m e to pass. T h e im m ediate effects w ere o f c o u rse in th e highest degree discouraging, a n d a m o o d y feeling o f discontent pervaded th e m ercantile co m m u n ity o f C a n a d a . S hack­ led by such restrictions as those under which they lab o u re d , they could not ho p e to c o m p e te with th e capital a n d enterprise o f the U n ited States in prosecuting the c arry in g -tra d e. A large m ajority o f th e persons m ost seriously affected had alw ays been zealous loyal­ ists. T hey now considered th a t th eir loyalty h a d been ill requited by th e m o th e r c o u n try , a n d th e conviciton w as forced u p o n them th at th eir position w ould be im proved by ann ex atio n . L o rd Elgin co u ld not fail to perceive th a t th e grievances o f the C a n a d ia n m erch an ts w ere w ell-founded. H e felt, how ever, th at the tru e rem edy for them w as n o t a return to p ro tectio n , but a further d evelopm ent o f th e F ree T ra d e principle, in th e repeal o f th e Im pe­ rial N avigation L aw s, w hich cram p ed th e co m m erce o f C a n a d a by restricting it to British vessels, a n d in a reciprocal reduction o f the duties w hich h a m p e red her tra d e with th e U n ited States. In his c o rresp o n d en ce w ith th e C o lo n ial Secretary, he urged th e adop tio n o f such a policy w ith great earnestness. A m easure for repealing the N avigation L aw s w as actually in tro d u ced by th e Im perial G o v e rn ­ m ent in th e co u rse o f th e y ear, a n d w as su p p o rte d by thoughtful statesm en as th e only m eans w hereby G re a t Britain c o u ld ho p e to retain possession o f h e r colonies. It w as vehem ently o p p o se d , h o w ­ ever, a n d after ru n n in g th e g a u n tle t o f th e H o u se o f C o m m o n s was m et by d eterm ined o b stru c tio n in th e H ouse o f L ords. It did not actually becom e law until th e su m m er o f 1849. T h e discontent o f the C a n a d ia n m erchants and c a p ita lis ts - th e greater p a rt o f w h o m , as above in tim ated , w ere T o ry loyalists - was increased by th e advent to pow er o f a G o v e rn m en t largely c o n ­ tro lled by “ F ren ch C a n a d ia n rebels,” as they were pleased to call M r. L afo n tain e a n d his co -n atio n alists. A m id such ja rrin g elem ents th e G o v e rn o r h a d e n ough to do to preserve o rd e r, and to keep clear o f giving offence. H e, how ever, a d o p te d a m ild a n d conciliatory policy to w ard s all classes, a n d busied h im self w ith m easures for the public g o o d . H is fixed resolve w as to b e tru e to th e principles o f R esponsible G o v e rn m e n t. H e directed his energies to w a rd s th e ne­ g o tiatio n o f a trea ty o f reciprocity with th e U n ited S tates, in w hich, how ever, he did not succeed until six years afterw ard s. It w as no easy m atter to present a cheerful fro n t, in face o f th e unsatisfactory c o n d itio n o f affairs. In a d d itio n to political disco n ten t, g reat c o m ­ m ercial d e p re ssio n p re v a ile d th r o u g h o u t th e P ro v in c e . T h re e fo urths o f th e m erchants w ere b a n k ru p t, a n d real e state w as p ra cti­ cally u n m ark e ta b le. A s usual in such cases, m o st o f th e evils under w hich the colony g ro a n ed w ere charged by th e sufferers upon the m o th e r c o u n try . T h e R ebellion Losses q u estio n , to be hereafter

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m o re p articularly dealt w ith, engrossed a g o o d deal o f atten tio n du rin g the y ear, a n d gave rise to m uch b itte r c o n troversy. T he subject o f electoral reform w as also forcing itself to th e fro n t, m ore especially in L ow er C a n a d a , w here M r. P apineau m ade it a p ro m i­ nent plan k in his ow n political p latfo rm . W ith such various gro u n d s o f d iscontent a n d agitation th e year 1848 glided aw ay.

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Rebellion Losses T h e session o f 1849 w as o n e o f th e m o st m em o rab le in C an ad ian an n als, not only by reason o f m uch im p o rta n t legislation, b u t from th e startlin g a n d d isastro u s events w hereby it was characterized. P arliam ent assem bled at th e d a te a p p o in te d . H a d any o n e ventured to p re d ic t th a t it w as th e la st tim e th a t a C a n a d ia n P a rlia m e n t w o u ld m eet at M ontreal he w o u ld p ro b ab ly have been laughed at for his pains; yet th e event w ould have justified th e p re d ic tio n ----In the A ssem bly th e m ost c onspicuous n a m e on th e roll o f new m em bers w as u n d o u b ted ly th a t o f G eorge E tienne C a rtie r, a gentle­ m an said to have been descended from a nephew o f th e renow ned discoverer o f C a n a d a . H e w as destined to achieve a re p u ta tio n great e n ough to en ab le him to dispense with ancestral h o n o u rs, a n d to win a very p ro m in e n t place in the history' o f his c o u n try , th o u g h his fam e is to so m e extent sullied by his c onnection w ith tran sactio n s w hich c a n n o t b e referred to otherw ise th an w ith re p ro b a tio n [the Pacific S candal]. H e w as b o rn at St. A n to in e , in th e c o u n ty o f V ercheres. in 1814, and w as e d u cated at th e C ollege o f S t. Sulpice, M ontreal. H aving stu d ied law in th e office o f M . E d o u ard R o d ier. a wellknow n a d v o cate o f those tim es, he was called to the b a r, a n d began p ractice at M o n treal in 1835. Being a clever you n g avocai he o f c o u rse tu rn e d his atte n tio n to politics, a n d - e q u a ll y o f c o u r s e - h e so o n cam e u n d e r th e influence o f M r. P ap in eau . H e jo in e d th e Sons o f L iberty, a n d in 1837 to o k an active p a n in th e rebellion. H e fought bravely at St. D enis u n d e r D r. N elson, a n d w as c o m ­ pelled to fly th e c o u n try a n d seek refuge in th e U nited States. A fter a tim e he secretly re tu rn e d , a n d rem ained in h iding until an unoffi­ cial intim ation from th e a u th o ritie s assured him th a t no a ttem p t w ould be m ad e to a rrest him if he c o n d u cted h im self w ith discre­ tio n . H e accordingly resum ed th e practice o f his profession a t M on-

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trea l, a n d did not c o m e conspicuously before th e public until a bout ten years afterw ard s, tho u g h he c o n tin u ed to ta k e a keen interest in th e political events o f th e tim e. H e had alw ays cherished an a m b i­ tion to sit in P arliam ent, a n d w hen M r. Leslie, th e m em ber for Vercheres, w as n o m in a ted to th e Legislative C ouncil . . . in M ay, 1848, he believed th a t his o p p o r tu n ity h a d a rriv e d . H e o ffere d h im s e lf to th e e le c to rs as M r. L eslie 's su c c e ss o r, a n d w as re ­ tu rn ed . . . . A t th e open in g o f th e session L o rd Elgin to o k ad v an tag e o f the Im p e ria l e n a c tm e n t re p e a lin g th e re stric tio n o n th e use o f th e F rench language, a n d delivered th e Speech from the T h ro n e in both l a n g u a g e s - a p ro c e e d in g very g ra tify in g to th e feelings o f th e F rench C a n a d ia n s, th o u g h it b ro u g h t dow n upon his Excellency’s head th e m aledictions o f the T o ry press. As for th e Speech itself, it w as full o f m atter. It a n n o u n ce d H er M ajesty's p u rp o se o f exercis­ ing th e prerogative o f m ercy in fav o u r o f th o se persons w ho had tak e n p a rt in th e occurences o f 1837-’38, a n d th e passing o f an A ct o f Indem nity by th e Provincial P arliam ent w as suggested. Im perial legislation, it w as said , w ould soon c onfer upon th e local a uthorities th e entire c ontrol a n d m an ag em en t o f th e Provincial postal system . T he subject o f increased P arliam en tary rep resen tatio n w as recom ­ m ended to th e atte n tio n o f th e H ouses. W ith regard to the repeal o f th e N avigation Law s by th e Im perial P arliam ent, his Excellency observed th a t his representations on th e subject had been cordially respo nded to. A m o n g o th e r subjects m entioned as likely to occupy th e a tte n tio n o f th e A ssem bly w ere th e system o f Ju d ic a tu re in both sections o f th e P rovince, th e m unicipal law s, a n d th e co n stitu tio n o f the U niversity o f K ing’s College. T h e A ddress in R eply w as passed unan im o u sly in the Legisla­ tive C ouncil. In th e A ssem bly it o f co u rse e n co u n tere d o p p o sitio n , but a fter a long a n d heated d eb ate it w as passed by a m ajority o f forty-eight to eighteen, a n d th e legislative business o f th e session w as proceeded w ith. Both H ouses co n cu rred in a n address to the Q ueen urging th e early repeal o f th e N avig atio n Law s, which w as at once forw arded by L o rd Elgin to th e H o m e Office. O n e o f th e earliest m easures passed w as th e A m n esty Bill, which w as sim ilar in its p u rp o rt to a m easure th a t th e first L afontaineBaldw in M inistry had been desirous o f carry in g in 1843, at which tim e M r. L a fo n ta in e h a d v a in ly p re sse d S ir C h a rle s M e tca lfe to consent to it. It now e n co u n tere d no serious o p p o sitio n from any q u a rte r. It w as in tro d u ced by M r. L afontaine. a n d passed th ro u g h its several stages with such celerity th a t his Excellency w as enabled to give his assent to it on the 1st o f F e b ru a ry . T h e only conspicuous personage to ta k e a d v an tag e o f it w as W illiam Lyon M ackenzie, for, a lthough Sir C h arles M etcalfe co u ld not be induced to consent, in 1843, to a general am nesty, he had been prevailed upon to gran t

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a n u m b er o f special p a rd o n s, u n d e r w hich all th e leading “ p a trio ts" o f 1837-’38, w ith th e single exception o f M r. M ackenzie, h a d been enabled to retu rn to C a n a d a . M r. M ackenzie at this tim e resided in N ew Y o rk . Life h a d been a bitter struggle w ith him du rin g his eleven years’ so jo u rn in th e U nited States. H e had e n d u re d m any priv atio n s, a n d h a d lost his e nthusiasm for republican institutions. H e now hastened to avail h im self o f th e provisions o f th e A m nesty A ct, a n d re tu rn e d to th e P rovince w here h e h a d o n ce played so p ro m in e n t a ro le . H is re tu rn w as ill-tim e d , fo r, as will p re sen tly be seen, th e c o u n try w as then excited by th e discussion on the Rebellion Losses Bill. His arrival in T o ro n to w as follow ed by a certain a m o u n t o f local d istu rb an c e. A d e m o n stra tio n verging on a riot w as set on foot by a m ob, a n d M r. Baldw in a n d M r. Blake w ere b u rn e d in effigy in th e s t r e e t .. . . T h e e n tire legislation o f the session, including five reserved bills, consisted o f no fewer th an 200 m e a s u re s .1 T h e m o st n o te w o rth y o n e o f th e m a ll, in view o f its im m ediate a n d u tim ate results, yet rem ains to be m e n tio n e d - th e fam ous R ebellion Losses Bill. A s its n a m e im p o rts, this Bill w as a legacy b eq u eath ed by the tro u b les o f 1837-’38. N o so o n e r had th e insurrection been put do w n th an m easures were set on foot in b o th Provinces to c o m p e n ­ sate those loyal subjects w ho h a d suffered direct pecuniary loss by it. L egislation on th e subject w as in tro d u ced into the U p p e r C a n a ­ dian A ssem bly early in 1838, a n d on the 6th o f M arch in th a t year an A ct w as passed au th o rizin g th e a p p o in tm en t o f C om m issioners to in v e stig a te th e c la im s o f " c e r ta in loyal in h a b ita n ts " for losses su s ta in e d d u rin g “ th e la te u n n a tu ra l r e b e llio n .” C o m m iss io n e rs w ere accordingly a p p o in te d , a n d in due tim e they m ad e their report, w hich w as th e basis o f fu rth er legislation during th e session o f 1839. In L ow er C a n a d a th e Special C ouncil in like m an n er m ad e som e provision by O rd in a n ce for th e recom pense o f loyalists w hose p ro p ­ erty h a d been destroyed by rebels. But such legislation as this did not fully m eet th e requirem ents o f th e case. T h ere had been co n sid ­ erable wilful a n d incidental d estruction o f p ro p e rty by persons a ct­ ing in su p p o rt o f a u th o rity , a n d it w as felt th a t th e persons ag ­ grieved thereby w ere entitled to co m p e n sa tio n . T he U p p e r C a n a d i­ a n A cts and th e L ow er C a n a d ia n O rd in an ce failed to provide for c o m p e n s a tio n in s u c h c a s e s, a n d s u p p le m e n ta ry le g isla tio n w as th o u g h t desirable. T h ere w as m uch discussion on the subject, but no further legislative action w as taken until th e first session a fter the U n io n , when an A ct w as passed by th e U nited P arliam ent exten d ­ ing th e c o m p e n sa tio n to loss occasioned by violence o n th e p art o f persons “ a ctin g , o r a ssum ing to a ct” on H er M ajesty’s behalf, "in the suppression o f th e said rebellion, o r for th e prevention o f further d istu rb an c es.” T his sta tu te , how ever, w as restricted in its ap p lica­

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tion to U p p e r C a n a d a , and th e subject, so far as th e eastern section o f th e Province w as co n cern ed , w as allow ed to rem ain in abeyance until F rb ru a ry , 1845, w hen th e A ssem bly passed a n A ddress to Sir C h arles M etcalfe, praying th a t his Excellency w ould be pleased to cause p ro p e r m easures to be a d o p te d “ in o rd e r to insure to th e in h a b ita n ts o f th a t p a rt o f this Province form erly L ow er C a n a d a , indem nity for ju st losses du rin g th e rebellion o f 1837 a n d 1838.” T h e p ra y e r w as g ra n te d , a n d C o m m iss io n e rs w ere a p p o in te d to enquire into th e losses sustained by “ H e r M ajesty ’s loyal subjects, in th a t p a rt o f th e Province o f C a n a d a which form erly constituted th e P rovince o f L ow er C a n a d a , d u rin g th e late u n n a tu ra l rebellion. . . a n d arising a n d grow ing o u t o f th e said reb ellio n .” T h e C o m m is­ sioners w ere instructed to distinguish th e cases o f p erso n s w ho had jo in e d o r aided th e rebellion from th o se w ho h a d not. In attem p tin g to act upon these in stru ctio n s th e C om m issioners so o n fo u n d th e m ­ selves in difficulties, a n d applied, th ro u g h their secretary, for in fo r­ m atio n as to how th e distinction w as to be m ad e. T h is w as on the 1 1th o f F e b ru a ry , 1846. Earl C a th c a rt had succeeded to th e post o f G o v e rn o r-G e n e ra l. It will be rem em bered th a t M r. D ra p e r’s G o v ­ e rn m en t w ere then in pow er, a n d th a t they sto o d sorely in need o f F rench C a n ad ian su p p o rt. T hey felt th at this subject o f rebellion losses w as a d an g ero u s o n e, a n d they were d o u b tfu l as to w hat was th e wisest policy for them to a d o p t w ith respect to it. T hey a cc o rd ­ ingly tem porised. T h e Provincial Secretary w as instructed to reply to th e secretary to th e C om m ission to th e effect th a t it w as not his Excellency’s in tention th a t th e C om m isssioners “ sho u ld be guided by any o th e r d escription o f evidence th an th a t furnished by the sentences o f the C o u rt o f L a w ;" th a t th e C om m issioners h a d no pow er to call for either persons o r p ap ers; th a t they m ust be sa tis­ fied with such general evidence as th e claim ant m ight p ro d u c e: and th a t they were intended to ob tain m erely a general estim ate o f the rebellion losses, “ th e pa rticu la rs o f w h ich ,” it w as a d d e d , “ m ust form th e subject o f m in u te enquiry hereafter u n d e r legislative a u ­ th o rity .” T h e re p o rt o f th e C om m issioners w as ren d ered o n th e 18th o f A pril, 1846, while P arliam en t w as in session. It set forth th at the w an t o f pow er on th e part o f th e C om m ission to proceed to a strict a n d regular investigation h a d com pelled them to tru st to the allega­ tions o f th e c la im a n ts, a n d lh a t it w as from these d a ta alo n e, and th e general inferences to be d raw n th erefro m , th a t they had been able to form even a n a p p ro x im a te estim ate o f th e sum s requisite to cover th e a m o u n t o f dam ages sustain ed . A schedule w as a p p en d ed to th e re p o rt, exhibiting a list o f 2,176 persons, claim ing sum s a m o u n t­ ing to £ . 2 4 1 ,9 6 5 ; b u t a n o p in io n w as e x p ressed th a t £ 100,000 w ould be sufficient to m eet all m erito rio u s claim s. S um s am o u n tin g

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in th e aggregate to £ 2 5 ,5 0 3 w ere actually claim ed by persons w ho h a d been c o n d em n ed by c o u rt-m artial as having been c o n cern ed in th e insurrection. N o w . th e only p u rp o se w hich th e D ra p er G o v e rn m en t could h o p e to effect by proceeding any farth er in th e m a tte r o f rebellion losses was to gain F rench C a n ad ian su p p o rt. It had by this tim e becom e d o ubtful w h eth er such su p p o rt w as to be had by th a t G o v ­ e rn m en t at any price. T he tem porising policy w as th erefo re persist­ ed in. A n A ct w as passed providing for th e paym ent o f the balance due on certain L ow er C a n a d ia n rebellion claim s w hich had been in v e stig a te d a n d re c o g n ise d b e fo re th e U n io n , b u t th e w hole a m o u n t involved w as only £ 9 ,9 8 6 , and th e m ain question w as left u n to u ch ed . A s th e F ren ch C a n ad ian s yielded no su p p o rt to the G o v e rn m en t they w ere not in a position to b ring any pressure to b ear, a n d no th in g m o re w as d o n e in the w ay o f com pensating rebellion losses in the low er section o f th e Province until th e period at w hich the n arrativ e has arrived - th e session o f 1849. T h e circum stances had o f course u n d erg o n e a g reat chang e. A R eform G o v e rn m en t, in w hich French C a n a d ia n influence w as very stro n g , h a d succeeded to pow er. F rench C a n ad ian s felt th a t they h a d been deprived o f their rightful share in th e ad m in istratio n o f affairs ever since th e U n io n , a n d now th a t th eir tim e h a d arrived they did n o t scruple to push their influence to its u tm o st length. A c la m o u r had arisen from o n e end o f L ow er C a n a d a to th e o th e r on th e subject o f c o m p e n sa tio n for rebellion losses in th a t section o f th e Province, a n d legislation co u ld no longer be p o stp o n e d . T he M inistry, stro n g as they w ere, could not have resisted th e pressure b ro u g h t to b e ar upon th e m , even had they been so disposed. H ad they displayed any h esitation a t dealing with th e subject, M r. Papi­ neau w ould have availed h im self o f such an o p p o rtu n ity to raise a tu m u lt a b o u t their ears. Such a tu m u lt w ould have been fatal to th eir influence. But they neith er displayed n o r felt any such hesita­ tio n . It w as not only th eir interest but th eir b o u n d en d u ty to redeem th e virtual pledge w hich h a d been given by th e T o ry G o v e rn m en t to th e people o f L ow er C a n a d a . It w as incum bent u p o n th em , (ex­ plained T . W alro n d ], to ta k e up th e w o rk “ left h a lf d o n e by their predecessors.” E arly in th e session M r. L afo n tain e in tro d u ced into th e A ssem bly a series o f resolutions on th e subject, w hich, with som e slight am e n d m en ts, w ere speedily passed. A Bill founded on these resolutions w as next intro d u ced . It w as intituled “ A n A ct to provide for th e Indem nification o f parties in L ow er C a n a d a whose p ro p e rty w as destroyed d u rin g th e Rebellion in the y ears 1837 and 1838.” T h e p ream b le set forth th a t “ in o rd e r to redeem th e pledge given to th e sufferers o f such lo s s e s ,. . it is necessary a n d ju st that th e particulars o f such losses, not yet paid a n d satisfied, should form the subject o f m o re m in u te enquiry under legislative authority,

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a n d th a t the sam e, so far only as they m ay have arisen from the to tal o r p artial, unjust, unnecessary o r w a n to n destru ctio n o f dw ell­ ings, buildings. p ro p e rty a n d e ffe c ts ,. . should be paid a n d sa tis­ fied. It w as provided th a t n o n e o f th e persons w ho had been convicted o f treaso n du rin g th e rebellion, o r w h o , having been co m m itte d to c u sto d y , had su b m itted to H e r M ajesty’s will, and been tra n sp o rte d to B erm uda, sh o u ld be en titled to a n y indem nity. Provision w as m ad e for th e a p p o in tm e n t o f five C om m issioners for carry in g out th e A ct. a n d a sum o f il 100,000 w as a p p ro p ria te d for pay m en t o f claim s. Such w as th e bom bshell w hich M r. L afo n tain e cast upon th e floor o f th e A ssem bly. T h e outcry from th e O p p o sitio n w as im m ediate and furious. T hey c o n ten d ed th at in all previous legislation on th e subject the indem nity had been restricted to “lo y a l in h a b ita n ts.” w hereas in the Bill now before the H ouse there w as noth in g to prevent any rebel from claim ing a n d receiving co m p en satio n for his losses, unless he had actually been convicted o r banished to B erm uda. It w as n o to ­ rious th at not a tithe o f those w ho had been actively engaged in the insurrection h a d been arre ste d . W hat w as to prevent any o r all o f those persons from p u ttin g in their claim s, a n d being recom pensed for th eir ow n trea so n ? A "re b el G o v e rn m e n t.” it w as said, had succeeded to pow er, to th e displacem ent o f loyal subjects. W hat m ore n a tu ra l, it w as a sk ed , th an th at such a G o v e rn m en t should put a prem ium upon treason by seeking to rew ard rebels? A rg u ­ m ent o f this so rt told upon th e c o u n try at large. T he excitem ent was by no m eans confined to m em bers o f P arliam ent, n o r to th e city o f M o n tre al, th o u g h , ow ing to th e la tte r being th e seat o f G o v e rn ­ m ent, the o utcry w as louder there th a n elsew here. T h e rage o f the O ppo sitio n grew from day to d a y , a n d by th e tim e the m easure cam e up for a second reading it h a d becom e absolutely ferocious. N o r w as th eir hot an g er greatly to be w ondered a t. M o re than thirty -tw o years have passed since th a t distu rb ed p erio d , a n d surely it is possible at this d istance o f tim e to look at th e m atter d isp a s­ sionately from b o th sides. It m ust at once be conceded th a t the Rebellion Losses Bill o f 1849 w as a wise a n d statesm an lik e m ea­ sure: a m easure calculated to dissolve lo n g -stan d in g prejudices, and to heal old w o unds w hich had not yet closed. T h ere h a d been m uch w anton a n d cruel destru ctio n o f p ro p e rty d u rin g th e rebellion. A fter th e la p se o f so m an y y e a rs it w as n o t a lw ay s easy to decide w h e th e r th e p e rso n a g g rie v ed h a d been an a c tu a l rebel o r n o t. M oreover, a full am nesty had ju st been g ra n te d , a n d it w ould have been m ost injudicious to partially nullify th at act o f clem ency by discrim inating betw een claim an ts, unless w here th e la tte r h a d been re g u la rly c o n v ic te d by d u e c o u rs e o f law . T o h av e d o n e so w ould have been to open th e w ay to m any evil consequences, o f which perjury a n d detractio n w'ould have been a m o n g th e greatest.

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It w ould have been wiser to leave th e q uestion alto g eth er untouched th an to have pro h ib ited all b u t ap p ro v ed loyal subjects from partici­ patin g in th e c o m p e n sa tio n . All this seem s perfectly clear at the present day. B ut it w as h a rd ly to be expected th a t the T o ry loyalists w o u ld view th e q u e stio n in th a t light in 1849. T h e y h a d been train ed to regard the dignity a n d pow er o f th e C row n as o f m ore im p o rtan ce th a n the liberty o f th e subject. T h ey ad m itte d no ju stifi­ cation for th e risings o f 1837-’38. A ccording to their creed, a m an w ho rebelled against th e a u th o rity o f th e Sovereign, no m a tte r u n ­ d er w hat p ro v o c atio n , w as a d an g ero u s crim inal w hose death o r banishm ent w as im peratively required in th e public interest. A rebel w as only a degree w orse th a n a blasphem er o r a n infidel. T h eir ow n loyalty had been fully a tte sted , a n d they conceived th a t it h a d been very inadequately recom pensed. Scarcely h a d th e U n io n been c o n ­ su m m ated ere “ rebels” h a d been adm itted to pow er, a n d had be­ c o m e the trusty counsellors o f royalty’s representative in C a n a d a . A fter the lapse o f a few b rie f years a still h igher p rem iu m h a d been placed upon rebellion by th e a d v en t to pow er o f a G o v e rn m en t in w hich th e " re b e l” elem ent w as p a ra m o u n t. A ru m o u r h a d soon a fterw ard s got a b ro a d th a t th e “ rebel M inistry w ould in troduce a m easure to recom pense th e L ow er C a n ad ian rebels for th e losses sustained by them in consequence o f th eir ow n rebellion. T h e ru ­ m o u r now received verification u n d e r their o w n eyes. U n d e r such circum stances, w as it reaso nable to expect th a t they w ould either san ctio n th e p ro p o sed m easu re o r quietly su b m it to its im position? N o fair-m inded m an will hesitate to answ er this q uestion in the negative, a n d h a d they restricted th eir o p p o sitio n to constitutional m eans no p e rm a n en t stigm a w ould have rested upon th e m . U n fo r­ tunately for their fam e, they resorted to m ethods for w hich no defence can be offered: w hile they at th e sam e tim e b ro u g h t such obloquy u p o n their p arty as a w hole th a t it so o n ceased to have a coherent existence. T h e events o f A pril. 1849, so u n d e d th e deathknell o f C a n a d ia n high T oryism . T h e debates o n th e subject were th e m ost exciting in o u r P arlia­ m entary a n n als. T h ere w as h ardly a m em b er o f th e A ssem bly but to o k p art in th e m . It soon becam e evident th at there w as at any rate no intention o n th e p art o f the advocates o f th e Bill to e xclu d e rebels from co m p e n sa tio n . Som e o f th e speakers, including several m em bers o f th e G o v e rn m e n t, w ent so far as to defend th e paym ent o f rebels on the g ro u n d th at it w as inexpedient to e n q u ire w ho were, o r w ho were n o t, rebels. T h e H o n . M alcolm C a m e ro n . A ssistant C o m m issio n er o f Public W o rk s, expressed a ho p e th a t th ere w ould be no Star C h a m b e r scrutiny as to w h eth er a m an w as loyal o r not. “ T h e q u e stio n .” p u rsu ed th e h o n o u ra b le gentlem an, “ is not w h e th ­ e r a m an is lo y a l, b u t w h e th e r p ro p e rty h a s w a n to n ly been d e ­ stroyed. T h e people o f U p p e r C a n a d a are satisfied to p a y .’ M r.

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H incks, In sp e cto r-G e n e ra l, sp o k e to the sam e effect. M r. Baldw in. A tto rn ey -G e n e ral W est, rem ark ed th at a fte r an A ct o f A m nesty it w ould he disrespectful to H er M ajesty, a n d an o u trag e on th e m an seeking c o m p e n sa tio n , to enquire w h at part he to o k at th e tim e o f th e troubles. M r. M erritt. President o f the C ouncil, said: “ A gen er­ al am nesty has been proclaim ed, a n d can we draw an o d io u s and invidious distinction at this late day. to create dissatisfaction? W e tru st all are now g o o d a n d loyal subjects. It is o u r duty to keep them so. and not distu rb th e h a rm o n y w hich prevails. F ro m the results o f m y ow n experience, I feel it w ould be very difficult to draw delicate distinctions betw een th o se called loyal a n d disloyal." M r. D ru m m o n d . S olicitor-G eneral East, declared th a t it w as not th e business o f th e H ouse to say w ho w ere guilty o f high trea so n , for th e A m nesty A ct had d one aw ay with all lh at. In technical language, th e persons p a rd o n e d w ere in th e sam e position as before. I here is no need to m ultiply illustrations. It so o n cam e to be gen er­ ally und ersto o d th at in th e co n sid eratio n o f claim s, no distinction w ould be d raw n betw een those o f rebels and those o f loyal subjects, unless th ere had been actual conviction o r b a nishm ent to B erm uda. T he O pp o sitio n put forth all th eir stre n g th . M r. S herw ood. Sir A llan M a c N a b |t h e titu la r le a d e r o f th e O p p o s itio n ], C o lo n el P r in c e - w h o , as m ight have been expected, w as a veritable “ T h o r­ ough" on this question - C olonel G u g y . a n d all th e leading m em ­ bers b ro u g h t their u tm o st eloquence to bear upon the question, and did not scruple to give u tteran ce to th e passions which d o m in a ted th em . Sir Allau went beyond him self in his vehem ence, a n d stig m a­ tized th e entire F rench C a n a d ia n peo p le as rebels a n d aliens. O n the m inisterial side pow erful h aran g u e s were m ade by M essieurs L afo n ­ taine. Baldw in. H incks. Price. B oulton a n d oth ers. But th e speech p a r exc ellen c e w as m ad e by M r. Blake, S o licitor-G eneral W est. H ow far such an address w as wise o r prudent u n d e r the c irc u m ­ stances m ay p erh ap s be op en to q u estio n . It intensified th e fury o f the O p p o sitio n , a n d there can be no d o u b t th at it m ade for the sp e a k er b itte r a n d life-long enem ies. But it is p robably not going too lar to say th a t no speech ever delivered in a C a n a d ia n P arlia­ m ent p roduced a m ore intense im pression upon th e hearers. In that tu m u ltu o u s effort th e p e n t-u p w rath a n d indignation o f fifteen years found vent. T he state o f th e Province at a n d im m ediately before the tim e o f th e rebellion, a n d the m anifold m ischiefs w ro u g h t by Sir Francis H ead, w ere graphically review ed. T he baneful effects o f the d o m in a tio n o f th e Fam ily C o m p ac t were depicted in lurid colours, and the system p u rsu ed by th e oligarchy w as deno u n ced in such language as only a m an o f stro n g feelings can c o m m a n d . L ord D u rh a m w as d e fe n d e d a g a in st c e rta in e x p re ssio n s o f S ir A llan M a c N a b ; a n d som e o f th e acts a n d utterances o f th e gentlem an last-nam ed were ridiculed in such a fashion th a t th e H ouse w as

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several tim es convulsed w ith laughter at th e gallant k n ig h t’s ex­ pense. A s th e telling periods rolled o n , th e A ssem bly becam e spell­ b o u n d , a n d all felt th a t they w ere listening to a speech destined to live in o u r Provincial h istory. Sir A llan, as m en tio n ed above, had stigm atized th e F ren ch C a n a d ia n s as rebels. M r. B lake now u n d e r­ to o k to show th a t there is such a th in g as rebellion against the co n stitu tio n , as well as rebellion against th e C ro w n , a n d th at the C o m p ac t to w hich Sir A llan belonged h a d for years violated the principles o f th e c o n stitu tio n . “ T h a t loyalty,” said th e speaker, “ w hich is ever ready to extend a n d strengthen th e prerogative o f the C ro w n by stinting a n d lim iting th e liberties o f the people, is not loyalty, but slavery. It c a n n o t result in stren g th en in g th e connection o f this co u n try with E ngland, b u t m ust tend to w eaken th e alle­ giance o f th e p eople o f this Province by depriving them o f their rights as British s u b je c ts . . . I am n o t com e here to learn lessons o f loyalty from h o n o u ra b le gentlem en o p p o site. L oyalty to m y Queen is th e strongest a n d dearest feeling o f m y h eart, and I tru st m y arm shall never be w an tin g w hen its aid m ay be required . . . But I c o n ­ fess I have no sy m p ath y w ith th e w ould-be loyalty o f h o n o u rab le g e n tle m e n o p p o s ite , w h ic h , w hile it a t all tim e s a ffe c ts p e c u lia r zeal for th e p rerogative o f th e C ro w n , is ever ready to sacrifice the liberty o f th e subject. T h a t is not British loyalty ; it is th e spurious loyalty w hich at all periods o f the w o rld ’s history h a s lashed h u ­ m an ity into rebellion . . . T h e expression 're b e l' h a s been applied by th e gallant k night o p p o site to som e gentlem en on this side o f the H ouse, but I tell gentlem en on th e o th e r side th at th eir public c o n d u ct has pro v ed th at th e y are th e rebels to th eir co n stitu tio n and c o u n try .” By this tim e th e O pp o sitio n were w orked up to an explo­ sive poin t. Sir A llan, his c o u n te n an c e ablaze, sprang to his feet and b u rst out w ith: “ If th e h o n o u ra b le m em ber m eans to apply the w o rd 're b el' to m e, I m ust tell him th at he asserts w hat is false.” He th en , th ro u g h th e S peaker, called upon M r. B lake to retract, which th a t gentlem an perem ptorily refused to d o . T h en ensued a scene o f w ild c o n fu s io n . S o m e o c c u p a n ts o f th e ga lle rie s h a d b e en so w ro u g h t upon by the speech th a t they co u ld not restrain them selves, a n d proceeded to discuss th e question on their ow n a cc o u n t. Several breaches o f th e peace o c cu rre d alm ost sim ultaneously, a n d a cry arose from th e body o f th e H ouse requesting th e S p eak er to have th e galleries cleared. T h e tw o Solicitors-G eneral cried o u t. " N o . no. d o n 't clear the galleries." M r. H incks p ro tested against th e H ouse being con tro lled by a m ob, a n d dem anded th a t the S p eak er should forthw ith exercise his a u th o rity . T h at official accordingly ordered th a t th e galleries should be cleared, w hich w as d o n e , th e ladies hurriedly tak in g refuge in th e body o f th e H ouse. Several arrests were m ade ere th e galleries w ere effectually e m ptied. T h e H ouse sat with closed d o o rs for a b o u t tw enty m inutes, a n d then ad jo u rn e d for

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th e day. A hostile m eeting betw een Sir A llan a n d M r. B lake was only prevented by th e p ro m p t interference o f the S ergeant-at-arm s. It is unnecessary to trace th e progress o f th e m easure through P arliam ent. It passed th e th ird reading in th e A ssem bly on th e 9th o f M a rch , by a m ajority o f forty-seven to eighteen. In th e Legisla­ tive C ouncil it passed its th ird reading on th e 15th, by a m ajority o f tw enty to fourteen. F o r som e weeks before it th u s received the sanction o f b o th H ouses, th e O pp o sitio n h a d availed them selves o f th e o p p o rtu n ity o f tu rn in g th e m easure to party p u rp o ses, a n d T ory petitions against it had been p o u rin g in from all p arts o f th e c o u n try . M o st o f these w ere addressed, not to either H ouse o f P arliam ent, o r to th e H om e G o v e rn m en t, b u t to th e G o v e rn o r-G e n era l. T hey w ere all conceived in th e sam e sp irit, a n d prayed either th at the Bill m ight be reserved for Im perial san ctio n o r th at P arliam ent m ight be dissolved. T h e G o v e rn o r’s position w as not an enviable o n e. H e clearly u n d e rsto o d th at the object o f th e petitioners in addressing him self personally w as to place him in collision with P arliam ent. A s for the Bill itself, he does not seem to have h a d m uch sy m p ath y w ith it. So far as his ow n feelings w ere co n cern ed , he regretted th a t public funds sho u ld be diverted from w h at he regarded as m o re useful purposes. H e nevertheless fully recognised th e necessity for th e in­ tro d u ctio n o f th e m easure by th e existing G o v e r n m e n t - a necessity im posed upon them by their predecessors. H e carefully read every petition which reached his h a n d s. Perceiving how m uch w as at stak e, he determ ined to do noth in g rashly. H e p o stp o n e d his deci­ sion until he h a d p o n d e red th e m atter in all its bearings. T h e result o f his deliberations w as to convince him th at his c o u rse w as clear. T o dissolve P arliam ent w ould be a b su rd . T h e present H ouse o f A ssem bly w as only fifteen m o n th s o ld . Its m em bers h a d been elect­ ed by virtue o f a writ issued under th e auspices o f th e party now in O p p o sitio n . Yet th e m easure petitioned against had been passed by the A ssem bly by a m ajority o f m o re th an tw o to o n e. T here w as no sh ad o w o f g ro u n d for believing th a t a new election w o u ld result in a change o f M inistry, o r in any m aterial change o f public o p in io n . T h ere w ere, m oreo v er, serious objections to reserving the Bill, a l­ tho u g h his Excellency well knew th at he w ould be su p p o rte d in so doing by public opin io n in G re at B ritain. T h e m easure relating to rebellion losses in U p p e r C a n a d a had not been reserved, a n d pre­ cedent w as therefore a gainst such a course. T his co n sid eratio n alone w ould p ro b ab ly not have had m uch weight with so clear a n d inde­ pendent a th in k e r as L o rd Elgin, but it w as a serviceable a djunct to a m o re weighty a n d m anly reason. “ By reserving the B ill," w rote his L ordship, “ I sh o u ld only th ro w upon H e r M ajesty's G o v e rn ­ m ent, o r (as it w ould a p p ea r to th e p o p u la r eye here) on H er M ajesty herself, a responsibility w hich rests, a n d o u g h t, I th in k , to

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rest, on my ow n shoulders. If I pass th e Bill, w hatever m ischief ensues m ay p ro b ab ly be rep aired , if the w orst com es to the w orst, by th e sacrifice o f m e .” Im perial interests, m oreover, were not c o n ­ cerned. a n d there w as no justification for reserving th e Bill. T o do so w ould be to em u late Sir C harles M etcalfe’s exam ple, and to tram p le upon th e principles o f R esponsible G o v e rn m en t. A n a n aly ­ sis o f th e votes put th e c o n stitu tio n al aspect o f th e question in a very clear light. T h e n u m b er o f U p p e r C a n a d ia n m em bers w ho voted on th e th ird reading w-as th irty -o n e. o f w hom seventeen voted for. a n d fourteen against it. In Low er C a n a d a th e F ren ch C a n a d i­ an s, o f co u rse, w ere all in favour o f th e Bill. In a d d itio n to the F rench C a n ad ian m em bers from th at Province there w ere ten o f British origin, a n d o f these six voted for. a n d fo u r a gainst it. T his was a so rt o f logic against w hich it w as vain to argue, a n d Lord Elgin, after long and careful consid eratio n , d eterm ined to assent to th e Bill.

C hapter 23

The Bursting O f the Storm . . . N o s o o n e r h a d th e o b n o x io u s Bill received th e ro y al asse n t [A pril 25, 1849] th an a tu m u lt arose in th e galleries in c o n seq u ­ ence o f th e sudden rising a n d d e p artu re o f a n u m b er o f w ell-dressed a n d a p p are n tly respectable p ersons, w ho m ade a g o o d deal o f u n ­ necessary noise by sh o u tin g a n d stam p in g on th e stairs. L ittle a tte n ­ tion w as paid to this exhibition o f ill-tem per, a n d his Excellency, having co m p leted th e business in h a n d , left th e C h a m b e r, a n d p ro ­ ceeded to his carriage. N o so o n e r h a d he em erged from the front en tra n ce to the building th an he enco u n tered a sto rm o f hisses, g ro a n s, a n d offensive epithets. A crow d o f persons had collected, c onspicuous a m o n g w hom were those who h a d ju st vacated the galleries o f th e C ouncil C h a m b e r. A few cheers w ere raised by friendly voices in the cro w d , but there w as a large p re p o n d era n ce o f hostile d e m o n stra tio n s. T h e G o v e rn o r’s situ atio n w as "not an envia­ ble o n e, but he retained an o u tw a rd a p p ea ran c e o f eq u an im ity , and m oved o n , d istrib u tin g bow s a n d sm iles in response to th e few am icable sa lu ta tio n s w hich greeted his ears. A few m om ents m ore, and he had reached his carriag e in safety. T hen hostilities began to assum e a m o re active a n d offensive form . T he gro an s becam e deep­ er a n d m o re o m in o u s: th e hisses lo u d er and m ore p rolonged. As the vehicle rolled aw ay it was pelted with a ddled eggs a n d o th e r offensive missiles w hich h a d evidently been b ro u g h t for the purpose. It w as soon beyond range, a n d its o ccu p an ts w ere found to have sustained no bodily injury, though his Excellency keenly felt the gross insults to w hich he a n d his sta ff had been subjected. He repaired at once to M onklands. M eanw hile the A ssem bly c o n tin u e d in session, tho u g h the city had begun to exhibit sy m p to m s o f excitem ent in vario u s q u arters. A

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p rinted notice calling a m eeting in th e C h a m p de M ars for eight o 'clo ck in the evening w as circu lated , a n d at th e h o u r a p p o in ted a large cro w d assem bled at th a t place. Lights were displayed, and several persons o f g o o d social sta n d in g proceeded to deliver inflam ­ m ato ry speeches. T h e m o b w ere ju st in th e h u m o u r for any act o f desperation, a n d the speakers w ho th u s g o ad ed them on incurred a very serious m o ral responsibility. A s th e m ass o f h um anity surged to and fro, ever and an o n a cry w as heard : “ T o th e Parliam ent H o u s e ! T o M o n k la n d s ! D o w n w ith L o rd E lg in !” T h e c risis a r ­ rived w hen o n e o f th e o ra to rs o f th e evening concluded his rem arks by an injunction to th e m o b to “ G ive th ree cheers for the Q ueen, a n d then go a n d tak e a w a lk !” T he request did not need repetition. A lo u d shout w as raised: “ T o the H ouse o f A ssem bly!” a n d the cro w d hurried o ff in th a t d irectio n . O n th e w ay they passed the office o f th e P ilot, which w as th e m inisterial organ in M ontreal. Voices were heard e n joining th e crow d to fire th e building, but instantly a fterw ards o th e r voices called o u t, " N o , n o : th e buildings on each side belong to T o rie s!” T h e latter cry doubtless saved the Pilot office from being b u rn e d to th e g ro u n d there a n d th en . H av ­ ing w reaked their vengeance by sm ashing every pane o f glass in the front w indow s, th e crow d sw'ept o n . and soon reached their d e stin a ­ tion. T h e A ssem bly were sittin g in C o m m itte e discussing the Ju d i­ c a tu re Bill for L ow er C a n a d a , unconscious o f w h at w as in sto re for th em . T h eir d eliberations w ere suddenly in te rru p ted by a succession o f ro a rs th at seem ed to split th e a ir, a cc o m p a n ied by a sh o w er o f stones, brick b ats, sticks, a n d o th e r m ore offensive missiles. T h e de­ structive hail crash ed th ro u g h th e w indow s on both sides, for the C h a m b e r o v erlo o k ed tw o streets. T h e m em bers hastily to o k refuge in th e lobbies, a n d behind th e S p e a k er's ch air. W hen the w indow s had been well riddled th e m o b ch an g ed the base o f their o p e ra tio n s, and forced their w ay into th e building. T hey so o n reached th e A ssem bly C h a m b e r, a n d proceeded to w reak their vengeance on th e furniture. C h an d eliers, globes a n d lam p s w ere sm ash ed to a to m s. T h e table w as o v e r tu rn e d , a n d th e legs w ere w re n c h e d from th e ir places. Benches w ere to rn a su n d er a n d th ro w n in a h e ap . O ne ruffian seated h im self in th e S p e a k er’s c h a ir, a n d in so n o ro u s m ock-heroics, p ro ­ claim ed th e dissolution o f P arliam en t. H e w as d isturbed by his fellow -rioters, w ho to re him from his seat, w hich w as then kicked over a n d sm ashed. T h e m ace, w hich h a d cost three h u n d re d p o u n d s, w as w renched from th e h an d s o f M r. C h ish o lm , th e S erjean t-at-arm s, w ho m ad e a gallant but unsuccessful a tte m p t to retain th e insignia o f a u th o rity . It w as carried do w n to the street, w hence, after having been freely passed from h a n d to h a n d a m o n g th e cro w d , it w as c o n ­ veyed to th e D onegani h o tel, a n d deposited in th e ro o m occupied by Sir A llan M a c N ab .

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W hile the w ork o f destru ctio n w as th u s going o n , a cry o f “ F ire!” w as raised, a n d it w as fo u n d th a t th e balcony at th e w est­ ern end o f the building w as in flam es. A b o u t th e sam e tim e a blaze w as discovered in th e Legislative C ouncil C h a m b e r. T h ere can be no d o u b t th a t b o th these fires h a d been deliberately kindled by the rioters, w h o , a fte r th e m an n e r o f all rioters, h a d becom e d ru n k with excitem ent, a n d possessed by a m an ia for destruction. T h e flam es in the C ouncil C h a m b e r were easily extinguished, but those in the balcony rapidly sp read to th e adjoining ro o m s, and sw ept every­ th in g before th em . It w as so o n evident th a t the entire building was d o o m ed . T h en , for th e first tim e, law -abiding citizens began to c o m p re h en d th e gravity o f th e situ atio n , a n d directed th eir a ttention to th e saving o f p a rt o f the valuable library o f th e A ssem bly. But it w as to o late to save an y th in g o f im p o rtan ce. T h e flam es spread w ith such terrible rapidity th a t in a very few m inutes th e entire building w as o n e b u rn in g m ass. A b o u t a h u n d re d volum es were preserved out o f nearly tw enty th o u sa n d . T h e sm aller library o f the U p p e r H ouse w as totally c o n su m ed . A m agnificent full-length p o r­ trait o f H er M ajesty, for w hich S2.000 had been p aid , w as c o n ­ veyed in safety dow n th e stairw ay , but h a d no so o n e r reached the street th an a ruffian ran a stick th ro u g h th e canvas. In this m u tila t­ ed c o ndition it w as conveyed to th e D onegani hotel. But the m ost serious calam ity arose from th e destruction o f all th e public records o f b o th U p p e r a n d L ow er C a n a d ia n P arliam ents, as well as o f th o se o f the Provincial P arliam ent since the U n io n . Such a loss as this w as o f co u rse irrep arab le, a n d inflicted g reat a n d perm anent injury upon th e Province at large. T he m ost valuable m aterials for o u r history w ere forever destroyed. T h e pecuniary loss w as at least as g reat as th e a m o u n t w hich h a d been a p p ro p ria te d for th e p a y ­ m ent o f rebellion losses. A m o n g th e few im p o rta n t d o c u m e n ts pres­ erved w ere th e Bills w hich h a d been sanctioned by th e G o v e rn o r a few ho u rs before, including the m easure which had been m ad e the pretext for the riot. T h e tro o p s h a d been su m m o n ed as so o n as th e m o b h a d started from th e C h a m p de M ars, but for som e unexplained reason they did not arrive on th e sp o t until it w as to o late for th eir presence to be o f any g reat service. Several fire engines h a d reached th e g ro u n d som e tim e before, b u t they h a d been tak e n possession o f by the m ob. until th e fire h a d m ad e to o m uch headw ay to be got under. T h e building w as a total ru in , a n d several o th e r stru c tu re s in the n eig h b o u rh o o d barely escaped a sim ilar fate. T h e conflagration lighted up th e entire city, a n d there was little sleep for th e in h ab it­ a n ts o f M ontreal on th a t wild night. A C a b in e t C ouncil w-as held while th e glare o f th e flam es yet illum ined th e sky, a n d a rra n g e ­ m ents w ere m ad e for th e m eeting o f th e A ssem bly on th e follow ing

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m o rn in g in th e B onsecours m a rk e t. P ro m p t m easures were taken for th e punishm ent o f th e ringleaders, several o f w hom w ere fo rth ­ w ith arrested a n d lodged in gaol. T h e A ssem bly m et, as agreed u p o n , a t ten o ’clock in th e m o rn ­ ing o f th e 26th, in th e hall o f th e B onsecours m ark e t, an im m ense room with bare walls. A few benches w ere o b tain e d for th e m em ­ bers, a n d the sp e c ta to rs sto o d a ro u n d to listen to the proceedings. T he S peaker having taken th e c h air, M r. Baldw in m oved th e a p ­ p ointm ent o f a special c o m m ittee to replace c u rre n t Bills a n d such o th e r papers as m ight be necessary to enable th e H ouse to proceed w ith th e legislation o f th e session. Sir A llan M a c N a b a n d o th er ultra T ories, referring to th e riots, blam ed the G o v e rn m en t rather th a n th e populace, a n d one o f them even w ent so far as to declare th a t th e Rebellion Losses Bill w as a sufficient justificatio n , even for th e destruction o f th e P arliam ent H ouse. Persons o f m o re m o d erate o p inions, how ever, united in speaking o f the disasters o f the preced­ ing night in fitting term s. M r. Jo h n W ilson, m em ber for L o n d o n , a C onservative, expressed g reat disgust at the language o f m em bers w ho co u ld a ttem p t to palliate such acts as h a d o ccurred. M r. B adg­ ley sp o k e to th e sam e p u rp o rt, a n d declared his determ in atio n to sta n d by th e G o v e rn m en t in such an em ergency. M r. Blake availed him self o f th e o p p o rtu n ity to c o m m e n t once m o re u p o n th e quality o f th a t “ loyalty” o f which the H ouse h a d h e ard so m uch - that loyalty w hich o n e day incited a m o b to pelt the G o v e rn o r-G e n era l an d to destroy th e H alls o f P arliam en t a n d th e public records, and on th e next day so u g h t to find excuses for an arc h y , a n d to throw further difficulties in the w ay o f th e a u th o ritie s. M r. Baldw in’s m o tio n was carried , a n d the com m ittee a t once proceeded w ith the w ork assigned to them . T h e city c o n tin u e d in a d istu rb ed state th ro u g h o u t th e day. A cro w d collected a b o u t th e m ark et w here th e A ssem bly w as sitting, a n d ever and a n o n gave u tte ran c e to h o o ts a n d how ls. S upporters o f the G o v e rn m en t w ere grossly insulted in the streets, a n d in som e instances subjected to bodily m altreatm en t. M r. H olm es, o n e o f the m em bers for M o n treal, upon em erging from th e A ssem bly-room for a breath o f fresh air. w as k nocked dow n a n d hustled back into the building. M r. L afo n tain e him self w as furiously a tta ck e d , and h a d to be g u a rd ed to a cab by th e m ilitary. A fter nightfall th e evil passions o f the m o b burst forth w ith redoubled fury. A ssaults were llrst m a d e on th e p riv a te re sid en c es o f M r. H in c k s a n d M r. H olm es. T he w indow s w ere battered in. a n d the feasibility o f setting th e buildings o n fire w as discussed. T he close proxim ity o f houses belonging to T ories w as again urged as a reason for ab stain in g from incendiarism , a n d again th e plea w as successful. T h en th e m ob betook them selves to a h o u se on St. A n to in e S treet, w here M r. Baldw in and M r. Price lodged. H aving sm ash ed th e w indow s, and

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shrieked o u t all so rts o f obscene a n d offensive epithets against the o c cu p a n ts, they next proceeded to a fine new h o u se w hich had ju st been purch ased by M r. L afo n tain e in th e sam e street. T he family w ere not then in residence, a n d were th u s sp ared the pain o f w it­ nessing the destru ctio n th at ensued. T he fruit trees w ere cut do w n ; th e stables were set on fire; a n d as soon as th e blaze had got well under w ay the m o b burst into the house, w here they w reaked their vengeance upon th e fine a n d costly furniture. E verything destru cti­ ble w as sm ashed to fragm ents. M r. L afo n tain e h a d a fine library o f several th o u sa n d volum es w hich he had spent years in collecting. M any volum es w ere bibliographical rarities w hich could not be replaced. T he collection w as com pletely w recked by the V andals. H aving dism antled th e e stablishm ent, they were ju st proceeding to fire the building w hen th e m ilitary arrived a n d drove them off. T he base o f o p e ratio n s w as then ch an g ed to D r. N elso n 's house, w here th e sam e role w o u ld doubtless have been rep eated , but th e m ilitary were by this tim e on th e alert, a n d dispersed th e incendiaries before they had tim e to do m o re th an riddle th e w indow s w ith stones. T his closed th e c h a p te r o f calam ities for th e night, so far as th e m ain body o f rioters w as co n cern ed , tho u g h sm aller bodies had m e a n ­ while been occupying them selves in sm ashing th e w indow s o f v a r­ ious o th e r p ro m in en t su p p o rte rs o f the G o v e rn m en t. O n th e m o rning o f th e follow ing day, w hich w as F riday, the 27th, a handbill w as posted a b o u t the city calling a m eeting o f “ the friends o f peace on th e C h a m p de M ars, for tw o o 'clo ck in the a fte rn o o n . A t th a t tim e a g reat cro w d assem bled, b u t, as m ight have been an ticip ated , “ th e friends o f p e ac e" form ed a very sm all p ro p o rtio n o f th e assem blage. T h e H on. G e o rg e M offatt, C olonel G u g y , a n d o th e r T ories delivered speeches in w hich th e people were called u p o n to preserve o rd e r; but an address to H er M ajesty p ray ­ ing for the recall o f L ord Elgin a n d th e disallow ance o f th e o b n o x ­ ious Bill w as passed. A t th e close o f th e proceedings th e crow d dispersed w ith o u t resorting to any fu rth er excesses. O bjections h a v ­ ing been m ade to th e furth er discharge o f police duties by the m ilitary, a b o u t a th o u sa n d French and Irish constables were sw orn in to preserve o rd e r. T hey were a rm e d with pistols a n d cutlasses, a n d sta tio n e d in fro n t o f the te m p o ra ry H ouse o f A ssem bly, w here they were drilled by C olonel T ach e. By w a y ,o f fu rth er precaution, m o re tro o p s w ere su m m o n ed from th e nearest m ilitary stations. In th e course o f th e evening th e m o b again collected in g reat num bers in th e C h a m p d e M a rs, but they w ere overaw ed by th e proxim ity o f th e tro o p s a n d special constables, a n d did not v enture upon any fu rth er excesses. But th e reign o f K ing M o b w as not yet over. N ext day, the 28th, an address to th e G o v e rn o r w as m oved in th e A ssem bly, in w hich th e ju stice a n d im partiality which had characterized his E x­

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cellency’s G o v e rn m e n t, u n d e r th e late A d m in istra tio n as well as u n d e r th e existing o n e , w-ere fully recognized. D eep so rro w and in dignation w ere expressed at th e recent disgraceful proceedings, a n d assurances w ere conveyed o f cordial su p p o rt for any m easure w hich his Excellency m ight deem necessary for the preservation o f peace. Several a m en d m en ts w ere m oved by th e O p p o sitio n , and there w as a stro n g e n d ea v o u r on their p a rt to m odify the term s o f th e m o tio n . T h e ad d ress finally passed by a m ajority o f thirty-six to sixteen, a n d arra n g e m e n ts w ere m ad e for his Excellency to receive it on M o n d a y , th e 3 0th, at “ G o v e rn m e n t H o u se,” a building on N o tre D am e S treet, w-here th e G o v e rn m en t offices w ere kept. In com pliance w ith these a rra n g e m e n ts. L o rd Elgin, w ho h a d not left M o n k la n d s since his retu rn th ith e r from M ontreal on th e 25th. d rove into th e city o n th e 30th. H e w as a cc o m p a n ied by several m em bers o f his suite, and escorted by a tro o p o f v o lu n te e r d ra ­ goons. H e h a d no so o n e r e n te red the city th an he saw reason to a p p reh e n d fu rth er d istu rb an ces. Insults fell u p o n his ears, a n d sev­ eral harm less but offensive missiles were hurled at the escort. A s he a p p ro ac h ed th e c h ie f com m ercial th o ro u g h fare s the c la m o u r in­ creased, a n d for som e m inutes before reaching G o v e rn m en t H ouse he found h im self su rro u n d e d by a hostile a n d violent m ob. H e was at first assailed by o a th s a n d execrations, a n d soon a fte r by stones a n d rotten eggs. A sto n e o f tw o p o u n d s weight descended u p o n the carriage, and w as preserved by th e G o v e rn o r as a m em ento o f the occasion. T h e m em bers o f th e A ssem bly w ho repaired to th e place a p p o in te d to p re se n t th e a d d re s s w ere a ssa ile d in lik e m a n n e r, stones being th ro w n at th em o v er th e heads o f th e tro o p s who a cco m p an ied them for their p ro tectio n . A m ag istrate proceeded to read th e R iot A ct, b u t h a d scarcely begun ere th e o rd e r w as given to th e tro o p s to charge. T h e o rd e r w as p ro m p tly obey ed , but the cro w d fell back as p ro m p tly , and no dam age w as done. T h e rioters cheered th e soldiers heartily, as tho u g h to prove th a t their hostility w as directed a gainst L ord Elgin and th e G o v e rn m e n t, a n d not a g a in st th e t r o o p s , w h o w ere o n ly o b e y in g o rd e rs . L o rd E lgin m eanw hile rem ained perfectly calm a n d collected, a n d gave no sign o f his consciousness o f th e riot beyond p u ttin g up his h a n d s to pro tect his face from being battered by th e missiles w hich flew a ro u n d him . H aving reached his destination he got dow n from his carriag e and en tered th e building, w here h e received a n d replied to th e address. S h o u ts c o n tin u ed to m ake them selves h e ard , a n d the crow d again closed in near th e tro o p s. It w as deem ed advisable th at his Excellency should leave th e city by a different ro u te. A ccording­ ly, instead o f passing along N o tre D am e S treet, he directed his co u rse to w ard s S h e rb ro o k e S treet, a n d th u s doub led u p o n th e m ob. T h e latter so o n discovered th e ruse, and set o ff after th e Vice-regal carriag e in h o t haste. S h o u ts o f “ D ow n with th e G o v e rn o r-G e n e r­

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a l!" rent the air, a n d law a n d o rd e r once m o re seem ed to be at an e n d . T h e G o v e rn o r’s carriag e w as driven alo n g w ith g reat rapidity, but th e m o b pressed “ cabs, caleches, a n d everything th a t w ould ru n " into th eir service, a n d o v erto o k his L o rd sh ip at M o lso n ’s c o rn er. A furious a tta ck w ith stones w as m ad e on the flying vehicle, th e back o f w hich w as driven in. E relong th e Vice-regal party were clear o f th e m o b , a n d w ere ab le to estim ate dam ages. T h e G o v e r­ n o r h im self h a d escaped u n h u rt, but his b ro th e r, C olonel Bruce, h a d received a w ound on th e back o f his head from a sto n e throw n at th e carriage. C olonel E rm atin g er, C h ief o f Police, a n d C aptain Jo n e s, w ho had charge o f th e escort, had also received slight bodily injuries. “ In this sad m a n n e r,” says a c o n te m p o ra ry a cco u n t, “ did his L o rd sh ip d e p art from th e cap ital o f H e r British M ajesty’s p o s­ sessions in N o rth A m e ric a.” H e repaired to M o n k la n d s. a n d did n ot again enter th e city for m an y m o n th s .. . .

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Aftermath T h e rest o f the year 1849 w as an anxious tim e for th e G o v e rn o r an d his M inisters. A sta te o f m o re o r less excitem ent c o n tin u ed to prevail th ro u g h o u t th e entire Province, tho u g h th e m anifestations o f it w ere m uch m o re c o n sp icu o u s in M ontreal th an elsew here. Som e o f th e larger centres o f co m m erce suffered from a visitation o f A siatic cholera, w hich did not tend to im p ro v e the to n e o f the public m ind. A fter th e close o f th e session th e carry in g o u t o f the provisions o f th e Rebellion Losses Bill w as proceeded w ith, a n d no pains were sp a red by th e G o v e rn m en t to effect an e quitable distri­ bution o f th e a m o u n t a p p ro p ria te d by th e L egislature. T h e C o m ­ m issioners w ho h a d been d ep u ted by th e late G o v e rn m en t to e n ­ quire into the claim s o f persons seeking co m p en satio n w ere now re­ ap p o in te d : a n d in o rd e r to fu rth er conciliate T o ry susceptibilities, they w ere directed to c o n stru e the A ct in th e m ost restricted sense it co u ld be m ad e to b e ar in fav o u r o f loyalists. But in spite o f all efforts a t conciliation the T o ry press kept up th e a gitation against the G o v e rn m en t. N o r was th e a gitation c o nfined to th e press. A British A m erican L eague, as it w as called, w as form ed at M ontreal, w ith branches a t T o ro n to . K in g sto n , a n d elsew here in U p p e r C a n a ­ da. T he objects o f this association were various, a n d w o u ld seem to have been not alw ays consistent w ith each o th e r. Persistent o p p o si­ tion to the existing G o v e rn m e n t, a return to a p rotective policy, the election o f m em bers o f the Legislative C ouncil, a n d - m o s t im p o r­ tan t o f a l l - a general union o f the British N o rth A m erican P rov­ inces, w ere a m o n g th e m ost conspicuous planks in th e p la tf o r m .. . . T he com m ercial depression a n d th e not very e n co u rag in g c o m ­ m ercial o u tlo o k h a d led m any dissatisfied persons to cast a b o u t for a rem edy for th e existing sta te o f affairs. A m o n g o th e r heroic c o u rs­ es o f trea tm e n t suggested w as o n e involving th e a n n ex atio n o f C a n ­ a d a to the U n ited States. F o r m any m o nths past th ere h a d been a

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go o d deal o f discussion on this subject, a n d som e o f th e leading m erchants o f M ontreal had p ro n o u n c ed em phatically in its favour. It w as noticeable th a t persons o f th e m ost o p p o site political views on dom estic questions forgot th eir differences, a n d united in their advocacy o f this g reat schem e. D u rin g the m o n th o f O c to b er [ 1849], a m anifesto was published at M o n tre al, in w hich th e w retched c o n d i­ tion of th e c o u n try w as depicted in strik in g a n d som ew hat exaggerat­ ed c o lo u rs. A m o n g th e vario u s rem edies p o in te d o u t w ere th e revival o f protection in th e m arkets o f th e U nited K in g d o m ; th e protection o f h o m e m a n u fa c tu re s ; a F e d e ra l u n io n o f th e B ritish A m e ric a n Provinces; the independence o f th e British N o rth A m erican colonies as a F e d e ra l re p u b lic , a n d re c ip ro c a l free tr a d e w ith th e U n ite d States. But th e m ost sw eeping rem edy o f all w as th e last o n e suggest­ ed, nam ely, a “ friendly a n d peaceful sep aratio n from British c o n n ex ­ ion, a n d a union upon equitable term s with th e g reat N o rth A m eri­ can C o nfederacy o f Sovereign S ta te s” - i n brief, ann ex atio n . T here w as, how ever, no suggestion o f rebellion, o r any serious th o u g h t o f anyth in g so chim erical as se p a ra tio n by force. Sentim ents o f kindness a n d respect for th e m o th e r c o u n try w ere distinctly professed, a n d it w as declared th a t sep aratio n w ith o u t th e consent o f G re a t Britain w as neith er practicable n o r desirable. T h e su p p o sed ad v an tag es o f a n n ex atio n were enlarged u p o n , a n d it w as suggested th a t th e m other c o u n try w ould offer no o p position to a step w hich m ust necessarily e nure so greatly to th e benefit o f th e colonies. T h is m anifesto was signed by m any leading citizens o f M o n treal, including such wellknow n nam es as those o f th e T o rran c es, the R e d p ath s, th e M olsons, th e W o rk m a n s a n d th e D o rio n s. L uther H am ilton H o lto n , B enja­ m in H o lm e s, D a v id L ew is M a c p h c rs o n , J a c o b D e W itt, E d w a rd G o ff P enny, D . Lorn M acdougall a n d Jo h n R ose w ere also a m o n g th e sig n a to rie s to th is d o c u m e n t, w hich w as c o m p re h e n s iv e ly a d ­ dressed " T o th e People o f C a n a d a .” Its publication naturally p ro ­ duced m uch excitem ent a n d discussion. It soon becam e ap p a re n t that th e sym pathizers w ith th e project w ere not c o nfined to th e 325 per­ sons w ho had signed th e m anifesto. A m o n g o th e r public m en who p ro n o u n c ed loudly in its favour w as M r. (L . J .) P ap in eau , w ho in so d oing w as consistent with th e principles w hich he h a d professed ever since his return from exile; b u t it w as a surprise to m any persons to find th e m o d era te , even-m inded M r. A lexander T . G a lt a m o n g the a dvocates o f a n n ex a tio n . Justices o f th e Peace, officers o f th e m ilitia, Q u e en 's C ounsel, a n d others h o ld in g com m issions at th e pleasure o f th e Crow n, w ere am o n g th e signers o f the m anifesto, which co u ld not therefore be tre a te d as a m ere ebullition o f feeling on th e part o f the d e m o c ra tic p o rtio n o f th e c o m m u n ity a lo n e . S im ila r m an ife sto e s w ere issued at T o ro n to , Q uebec a n d elsew here, but th e signatories w ere by no m eans so n u m ero u s as at M o n treal; a n d indeed th e feel­ ing in favour o f th e m ovem ent c a n n o t be said to have o b ta in e d m uch

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fo othold anyw here else. T h e a gitation soon collapsed, for no co n sid ­ erable n u m b e r o f persons co u ld be found to sanction th e pro ject. It w o u ld be m ost un ju st, how ever, to d en o u n ce as “ rebels” a n d “ dis­ loyal” (as has often been done) all those w ho lent their cou n ten an ce to th e a nnexation m ovem ent o f 1849. Its su p p o rte rs w ere for the m ost p a rt h o n o u ra b le a n d w ell-m eaning m en w ho despaired o f the future o f the Province, a n d w ere sincerely desirous o f im p ro v in g its position as well as th eir ow n. M any o f them w ere m erchants w h o had been ruined o r im poverished by th e com m ercial depression which prevailed. O th e rs, w hile they h a d not as yet su stain ed any g reat pecu­ niary loss, looked forw ard w ith m isgiving, a n d scented ruin o r further depression in th e not distant future. Som e w ere republicans by p re ­ dilection a n d on principle. A few w ere disap p o in ted T ories w ho were disgusted at th e Im perial G o v e rn m en t for upho ld in g th e Rebellion Losses Bill, a n d w hose disgust w as so p ro fo u n d th a t they c o u ld find no sy m p ath y in th e ra n k s o f th e British A m erican L eague. T h e rest w ere d iscontented radicals for w h o m th e policy o f th e G o v e rn m en t w as not sufficiently a dvanced. L ord Elgin w as n o t disposed to treat th e p ro m o te rs o f th e m ovem ent harshly, know ing th at m any o f them h a d su bstantial g ro u n d s for d isc o n te n t; but he deem ed it necessary to cancel th e com m issions o f such o f them as held office a t pleasure. O f c o u rse th e H o m e G o v e rn m en t san ctio n ed this step , a n d conveyed to his Excellency th e Q u e en ’s c o m m a n d to resist to th e utm ost any a t­ tem pt to effect a sep aratio n betw een C a n a d a a n d the m o th e r c o u n ­ try, th e connection betw een w hich, it w as claim ed, w as highly a d v a n ­ tageous to b o th . By th e tim e th e despatch e m bodying this c o m m a n d reached L ord Elgin th e m ovem ent w as practically at an e n d , though its a d v o c a te s d id n o t a c tu a lly re lin q u ish th e ir d esig n s u n til so m e m o n th s afterw ard s. . . . It w as du rin g this p eriod th a t th e c o m b in a tio n know n in o u r history as " th e C lea r G rit D e p a rtu re ” to o k its rise. Ever since the p ro ro g atio n in 1849 there had been indications o f dissatisfaction with th e G o v e rn m en t on th e p a rt o f certain U p p e r C a n ad ian R e­ form ers. T he R eform party w as large, a n d co m p o sed o f heteroge­ neous elem ents, som e o f w hich did not readily assim ilate. " I t c a n ­ not be expected,” says Sir Francis H incks, “ th a t there will be the sam e unanim ity a m o n g the m em bers o f a p arty o f progress as in one form ed to resist o rg an ic changes. In th e form er there will a l­ w ays be a section dissatisfied w ith w hat they th in k th e inertness o f their leaders.” T h e distinction here draw n is o n e w hich has long been a recognized fact in politics. T he difficulty experienced by R eform ers, as c o m p a red w ith their C onservative o p p o n e n ts, in the m atter o f efficient p a rty o rg a n iz atio n , has becom e proverbial in C a n a d a . It m ad e itself clearly a p p a re n t before th e close o f the year 1849. T h e m ost radical elem ent in the p a rty c o m p lain ed th at the M inistry did n o t m ove fast e n o u g h . T his allegation w as m ad e upon

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vario u s g ro u n d s, but the principal co m plaint w as th a t M inisters were dilatory in p u sh in g th ro u g h th e settlem ent o f th e C lergy R e­ serves. T h e origin a n d n a tu re o f this question will be disclosed in the next c h ap ter. A s th e m o n th s passed by th e discontented ones becam e m ore p ro n o u n c ed in th eir o p p o sitio n to the M inistry, and by th e beginning o f th e year 1850 had form ed them selves into a distinct a n d se p a ra te p arty. T hey laid dow n a p latfo rm , enlisted the services o f the press, a n d acq u ired a distinct p arty co g n o m en which has survived to th e present day. T h e platform em braced, a m o n g o th e r radical changes: (1 .) the ap p licatio n o f th e elective principle to all the officials a n d in stitu ­ tions o f th e c o u n try , from th e head o f the G o v e rn m en t d o w n w ard s: (2 .) universal suffrage: (3.) vote by b allot: (4 .) biennial Parliam ents: (5.) th e abolition o f p ro p e rty qualification for P arliam entary repre­ sentatives: (6.) a fixed term for the holding o f general elections, and for th e assem bling o f th e L egislature: (7.) retrenchm ent in th e ex­ penses o f e a r n in g on th e A d m in istra tio n ; (8.) th e abolition o f p e n ­ sions to ju d g es; (9.) th e abolition o f the C o u rts o f C o m m o n Pleas a n d Chancery-, a n d th e giving o f an enlarged e q u ita b le ju risdiction to th e C o u rt o f Q u e e n ’s B ench: (10.) reduction o f law yers' fees: (11.) free trad e a n d direct ta x a tio n : (12.) a n am en d ed ju ry Ia w ;(l3 .) th e abolition o r m odification o f th e usury law s; (14.) th e abolition o f th e d octrine o f prim o g en itu re, as applied to real e state; (15.) the secularization o f th e C lergy Reserves, and th e abolition o f the recto­ ries. M any o f these w ere already w ell-know n planks in the platform o f th e R eform Party generally, a n d to som e o f them the M inistry were practically c o m m itte d . A s regarded o th ers, they were such as th e G o v e rn m en t co u ld not a p p ro v e. F o r instance, th e proposed sw eeping app licatio n o f th e elective principle a n d universal suffrage were a m o n g th e reform s w hich, in th e language o f th e c h ie f m inis­ terial organ [T o ro n to Globe], "e m b o d y th e w hole difference be­ tw een a republican form o f G o v e rn m en t a n d th e lim ited m onarchy o f G re a t B ritain.” T h e chief new spaper organ o f th e new party, du rin g this early period o f their existence, w as th e T o ro n to E x a m in ­ er, w hich had long been w eary o f follow ing in th e w ake o f the Globe as an e xponent o f m inisterial views. C h ie f a m o n g th e a d v o c a te s o f th e a d v a n c e d p la tfo rm w ere M essrs. C aleb H o p k in s, Peter Perry, D avid C hristie. Jam es Lesslie. D r. Jo h n R olp h , a n d W illiam M cD ougall. W ith these M r. M al­ colm C a m e ro n form ally allied h im self after his secession from the A d m in istra tio n [in 1850] . . . . A sim ilar m ovem ent w as a b o u t th e sam e tim e set on foot in the low er section o f th e Province, u n d e r the auspices o f M r. P apineau. It w as organized at M o n treal, u n d e r th e title o f " L e Partie R o u g e .” Its m em bership w as chiefly confined to yo u n g F ren ch C a n ad ian s, tho u g h a few adv an ced radicals o f British stock w ere also to be

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fo u n d in its ra n k s. Its platfo rm seem s to have been very elastic, and m any o f its a d h ere n ts were disposed to go even fa rth e r th an the C lear G rits in w estern C a n a d a . T h ey not only adv o cated such re­ form s as universal suffrage and th e abolition o f p ro p e rty qualifica­ tion for m em bers o f th e L egislature, but pro n o u n ced in favour o f th e repeal o f th e U nion, a republican form o f G o v e rn m en t, and m ore o r less speedy a nnexation to the U nited S tates. T hey also professed them selves hostile, not only to a S tate religion, but to any religion a t all. In sh o rt, the R ouges o f L ow er C a n a d a seem to have been w ell-intentioned but ra th e r feeble copies o f their p rototypes in th e F re n c h C o n v e n tio n . T h e ir c h ie f o rg a n w as L 'A v e n ir , and a m o n g th e leading m em bers, in a d d itio n to M r. P ap in eau . were A n to in e A im e D o rio n , J .B .E . D o rio n . L. H . H olto n a n d C harles J. Laberge. A s the tim e drew near for th e m eeting o f th e session o f 1850. the discussion o f the Clergy Reserves cam e even m ore c onspicuous­ ly to the front th an h a d o rdinarily been th e case o f late years. T he q uestion w as not to be finally set at rest for som e sessions yet to com e, but d u rin g th e interval it w as the m ost a b so rb in g topic o f public interest, a n d som e know ledge o f th e subject is absolutely necessary to a p ro p e r u n d erstan d in g o f th e history o f th e tim e. Before carrying the n arrativ e any farther, therefore, a brief h istori­ cal retrospect is desirable.

C hapter 25

Clergy Reserves T h e Im perial S ta tu te 31 G e o . III., c h a p te r 31 - generally know n in o u r history as the C o n stitu tio n al A ct o f 1791- c o n ta in e d certain e n a c tm e n ts w hich w ere d e stin e d to p ro d u c e a g r e a te r a m o u n t o f anim osity and h e artb u rn in g in U p p e r C a n a d a th a n all o th e r public causes o f discord com bined. T o th e indefinite phraseology o f those enactm ents m ust be referred th e fiercest o f the faction fights which p e rio d ic a lly d is tu rb e d th e p e ac e o f th e L eg islativ e A sse m b ly for m ore th an sixteen years before th e U n io n . T o th em , a n d to the disputes arising o u t o f th em , is to be a ttrib u te d the bitter hostility with w hich the C h u rc h o f E ngland w as long regarded in U p p er C a n a d a by such o f th e religious po p u latio n as did not subscribe to E piscopal d octrines. T o th em , m ore than to any o th e r cause w h a t­ ever, the U p p e r C a n a d ia n rebellion ow ed its origin. Before the question to w hich these u n fo rtu n a te enactm en ts gave rise w as finally set at rest, they had also p ro d u ced som e o f th e m ost fervid debates ever heard w ithin th e walls o f th e U nited P arliam ent. T hey form ed the key-note o f several general elections, a n d largely shaped the policy o f tw o successive A dm in istratio n s. In a w ord, o u t o f these enactm en ts grew the vexed q uestion o f th e C lergy Reserves. By th e 36th section o f th e A ct His M ajesty w as a u th o rize d to reserve o u t o f future g ra n ts o f land w ithin th e Provinces o f U p p er a n d L ow er C a n a d a , as well as in respect o f all past gran ts, a q u an tity equal in value to a seventh p a rt o f th e lands so g ra n te d , for the m ain ten an ce a n d su p p o rt o f " a P ro testan t C lergy.” S ections 38 to 41 provided regulations for th e erection a n d e n d o w m en t o f recto­ ries. one o r m ore in every to w n sh ip o r p arish , “ according to the establishm ent o f the C hurch o f E n g la n d :” a n d section 42 e m p o w ­ ered th e respective Legislatures o f th e tw o Provinces, subject to certain restrictions, to vary o r repeal any o f these enactm ents. In L o w e r C a n a d a n o R eserv es w ere set a p a r t u n til th e y e ar

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1796, a n d th e Clergy Reserve question never assum ed very form id­ ab le p ro p o rtio n s th ere, except in so far as it w as reflected, after the U n io n , as a purely party m easure from th e w estern section o f the Province. Even in U p p e r C a n a d a , which at th e tim e o f its creation as a se p arate Province w as but sparsely p o p u late d , th e ill effect did not m ak e itself seriously felt until som e years afterw ard s. In c a rry ­ ing o u t the provisions o f th e A ct. instructions were given th at the reserved lands sh o u ld be interm ixed with those g ran ted to settlers: th e intention being to spread them over a large area, a n d to create a tenantry’ in each individual tow nship w hich sh o u ld be settled , with a view to th e u ltim ate creatio n o f parishes. It w as how ever im possible to apply this rule universally, as m uch o f th e N ia g ara peninsula, a n d also a p art o f th e W estern D istrict, as well as several tow nships alo n g th e S t. L aw rence, had already been g ra n te d to U . E. L oyal­ ists, w ith o u t any p o rtio n th e re o f having been reserved. T o meet these cases, large blocks o f aggregated Reserves w ere set a p art in a d joining tow n sh ip s w hich h a d not been taken up for purposes o f settlem ent. It is o b v io u s th a t such a system as this m u st so o n er o r later o p e ra te very prejudicially to th e progress o f the c o u n try w here it is tolerated. It w as felt as an o b stru ctio n to th e settlem ent o f the Province long before it a ssu m ed th e sh a p e o f a grievance on reli­ gious g ro u n d s. F o r m any years no a u th o rity existed for selling the reserved lands. T h e C hurch o f E ngland claim ed a n d exerted exclu­ sive right a n d c o n tro l over th em , c o n te n d in g th at the clergy o f that C h u rc h , and they only, w ere entitled to be regarded as " a P rotes­ ta n t C lergy.” A clerical c o rp o ra tio n w as established with pow er to gran t leases for tw enty-one years, a n d proceeded to create leasehold tenancies in favour o f such ap p ro v ed persons as applied for them . T h e a m o u n t o f rent charged w as at first little m ore th a n nom inal, but th e free g ra n tin g o f lands by the C row n prevented m uch de­ m an d for leaseholds at any price. " S o late as 1824." says a C a n a d i­ an jo u rn a list. w riting in 1851. “ th e w hole a m o u n t due for rent was only £ 1.200; a n d o f this it w as estim ated th at n o t m o re th an oneth ird could be collected w ith o u t having recourse to legal process." It w as thus evident th at the leasing system w as not a success. T he Reserves w ere u n p o p u la r w ith all but a d h eren ts o f th e C hurch o f E n g la n d , b e in g re g a rd e d as o b s tru c tio n s to se ttle m e n t, a n d as sta n d in g w itnesses o f the d o m in a tio n o f a privileged h ie r a r c h y .. . . T h e right o f th e C hurch o f S cotland to p a rticip a te in |C lergy Reserve] revenue [was] recognized by th e law officers o f th e C row n [in 1819 an d ] its a d h ere n ts so o n afterw ards began to press their c la im s .. . . T h e m inisters o f o th e r P ro testan t d e n o m in a tio n s put for­ w ard claim s o n b e h a lf o f th eir respective sects to pa rticip a te in the Reserves, upon th e g ro u n d th a t they, no less th a n their E piscopali­ an a n d Presbyterian b re th re n , were entitled to be regarded as “ P ro t­ estant C lergy.” It so o n b ecam e a p p are n t th a t no equitable a p p o r­

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tio n m en t w ould ever be effected, even if th e L egislature co u ld be induced to assent to such a project. T h ere w ere m any persons also w ho disap p ro v ed o f S tate a id to religious bodies; a n d erelong an agitatio n arose for th e total ab olition o f such aid. A n organized R eform Party cam e into existence, and b attled vigorously for the secularization o f th e Reserves - th a t is to say, for the diverting o f them from religious purposes by a sale o f th e lan d s, a n d the a p p li­ cation o f th e proceeds to education a n d m unicipal im p ro v e m e n ts .. . . T he rebellion o f 1837-'38 cam e and w ent, leaving th e great C lergy Reserve problem yet unsolved. Scarcely w ere th e em bers o f d isa ffe c tio n e x tin g u ish e d ere th e a g ita tio n fo r se c u la riz a tio n b u rst forth afresh. T h e U n io n project caused a lull in th e sto rm . U pon th e arrival in U p p e r C a n a d a o f M r. T h o m so n - afterw ard s Lord S y d e n h a m - th a t g e n tle m a n p e rce iv e d th e u tility o f s e ttlin g th e q uestion before th e U n io n A ct sh o u ld ta k e effect. A t his instigation a n A ct w as passed by th e local A ssem bly providing for a d istrib u ­ tion o f th e Reserves a m o n g th e various religious deno m in atio n s recognized by law . T h ro u g h the personal influence o f th e G overn o r-G e n era l th e assent o f th e Legislative C ouncil to th e m easure w as also pro cu red . It w as how ever an u n p o p u la r m easure w ith all classes, a n d recognized a principle against w hich a g reat m ajority o f the p eople’s representatives in the A ssem bly h a d for years c o n te n d ­ e d ; nam ely, th a t S tate p roperty m ay justly be a p p ro p ria te d for religious purposes. O f this th e G o v e rn o r w as well aw are, but he was desirous o f settling th e question in som e w ay, a n d this was th e m ost e quitable to w hich he could then obtain assen t. N o m an o f less energy a n d finesse co u ld have succeeded in getting such a m easure th ro u g h either H ouse o f P arliam ent. W hen its provisions becam e k n o w n , p etitions against it began to circulate th ro u g h o u t th e Prov­ ince. T hey how ever pro v ed to be unnecessary. T h e English judges, on certain technical g ro u n d s not necessary to be here specified, p ro n o u n c ed the A ct to be u ltra vires, a n d it w as accordingly disal­ low ed. But the necessity for p ro m p tly dealing w ith the m a tte r w as recognized by th e H o m e G o v e rn m en t, and an Im perial A ct was fram ed a n d passed du rin g the session o f 1840 (3 a n d 4 Vic.. c. 78). a u th o rizin g the G o v e rn o r, with th e advice o f his C ou n cil, to sell a n d d istribute th e Reserves. It w as enacted th a t no fu rth er reserva­ tio n s sh o u ld be m ad e, a n d th at th e proceeds o f previous sales sh o u ld be d istributed betw een th e C h u rch es o f E ngland a n d S co t­ lan d . to th e exclusion o f all o th e r d e n o m in a tio n s, in th e p ro p o rtio n s o f tw o -th ird s a n d o n e-th ird respectively. All future proceeds w ere to be d iv id e d as follow s: o n e -th ird to th e C h u rc h o f E n g la n d , o n e sixth to th e C hurch o f S c o tla n d : a n d th e residue to be applied by th e G o v e rn o r, with th e advice o f his C ouncil, “ for purposes o f public w orship a n d religious in struction in C a n a d a ." T he m eaning o f th e latter provision w as th at th e residue sh o u ld be a p p o rtio n ed

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am o n g such dissenting d e n o m in a tio n s as chose to apply for a share o f it. F o r several years sub seq u en t to the U n io n this a rra n g e m e n t was a llo w e d to rest u n d is tu rb e d . It w as in e v ita b le , h o w e v e r, th a t the agitatio n should be renew ed so o n e r o r later, for th e d istribution as settled by th e A ct w as inequitable, and founded on an erroneous construction o f th e c e n s u s .. . . N o sooner had a R eform G o v e rn m en t succeeded to pow er, in 1848, than it becam e evident th at a large m ajority o f th e U pper C a n ad ian people w ere th o ro u g h ly a roused on th e subject. A cry rose up from end to end o f th e Province th a t th e project o f seculari­ zation had been long enough delayed, a n d th e M inistry w ere im p o r­ tu n ed to lose no tim e in carrying it o u t. A m a tte r very frequently lost sight of, how ever, b o th then a n d subsequently, by persons u n fam iliar with th e co n stitu tio n , w as lh at before any useful legisla­ tion could be set on foot by th e C an ad ian Parliam ent the repeal o f th e Im perial A ct o f 1840 m ust be pro cu red . T h e new A d m in istra ­ tion, as we have seen, was form ed while the session o f 1848 w as in progress. T h at session cam e to a n end a few' days afterw ard s, and th e rem ain d er o f th e year w as spent by the G o v e rn m en t in p re p a r­ ing urgent legislation for th e session o f 1849. T h e latter w as o n e o f th e busiest sessions know n to o u r P arliam en tary h istory, a n d was also, for reasons well know n to th e reader, o n e o f th e m ost dis­ tu rb ed . But th e ag itato rs generally looked for som e official expres­ sion o f opin io n from th e G o v e rn m en t on the subject, a n d w ere not a little chagrined w hen the y e ar 1849 passed aw ay w ithout any such expression having been uttered. A m oody, discontented feeling be­ gan to tak e possession o f the m ore advanced radicals, a n d the C lear G rits, as has been seen, form ed them selves into a distinct third p a rty , with secularization as o n e o f their m ain purposes. W hen the H ouses m et in 1850 it becam e know n th a t no steps h a d been taken to p ro cu re th e repeal o f the Im perial A ct. Such w as th e aspect o f a ffa irs at th e open in g o f th e session o f 1850. A nd th e end w as not yet. F o u r m ore sessions w ere to elapse ere th e irritating Clergy R eserves question w as to becom e a thing o f th e past. T h e q u an tity o f Reserves in the L ow er section o f th e Province w as sm all as c o m p a red with those in th e U p p e r, a n d . as has been seen, th e question never becam e one o f p a ra m o u n t im po rtance there. But L ow er C a n a d a h a d a grievance o f her ow n w hich had begun to m ake itself distinctly felt long before th e U n io n , a n d had ever since been constantly th ru stin g itself u p o n public a tten tio n . T his w as the Seigniorial T en u re . . . . It d a te d back to th e early days o f th e colony, w hen the aristocracy o f N ew F rance - having o b ­ tain e d from th e m ost C hristian king, o r his interm ediaries, patents o f large tracts o f th e colonial d o m ain - im p o rte d the feudal system

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in to th e N ew W o rld , by c o n s titu tin g th em se lv es se ig n io rs , a n d g ra n tin g out sm all holdings to soldiers a n d o th e rs w ho settled in the colony. T hese holdings w ere not g ran ted in fee sim ple: a tenure u n k n o w n in C a n a d a until after th e C onq u est: a n d the title c o n ­ ferred w as in no sense a b so lu te . A perpetual right o f o ccupancy was how ever g u a ran tee d by the seignior, subject to the p erfo rm an ce by th e o c cu p a n t (called th e censitaire) o f certain specified services, and the periodical p ay m en t o f a specified rent. T he tenancy, such as it w as. descended to th e heir o f th e o c cu p a n t, w ho sto o d in the sam e relation to the seig n io r o r his heir as his an cesto r had done. T he a m o u n t o f rent w as at first little m o re th an nom in al, but th e duties to be perform ed w ere som etim es o n e ro u s, a n d som etim es even a b ­ su rd . T h e censitaire possessed th e right o f disposing o f his holding, but u p o n every tran sfer th e seignior w as en titled to exact a fine equal in a m o u n t to one-tw elfth o f th e price. M illing a n d o th er vexatious m onopolies w ere exercised by th e seignior, a n d prevented th e d e v e lo p m e n t o f in d u s try . In so m e cases th e se ig n io r also claim ed certain a rb itra ry privileges o f a h arassing n a tu re , the exac­ tion w h ereo f led to g reat d isco n ten t and ill-feeling. A seigniory was frequently the subject o f b argain a n d sale, a n d the p u rc h ase r was som etim es a person o f h u m b le origin, w hose social ascendency was to le rate d by th e censitaires with ill-concealed aversion. U n d e r such a sta te o f things th e French C a n a d ia n s grew up from g eneration to g e n era tio n : but as tim e passed by the c o ndition o f the co u n try im p ro v ed , a n d th e seigniorial claim s p ro p o rtio n a tely increased in value. A fter th e C o n q u e st, m any o f the seigniors, driven by their ow n necessities, began to m ak e e n cro a ch m e n ts upon th e rights o f the censitaires. a n d to levy exactions w hich were clearly illegal. R ents w ere raised, a n d m o n o p o lies were enforced with a rigorous h a n d . T h e w ant o f ed u catio n a n d practical know ledge on th e part o f th e unlettered h a b ita n t enabled his feudal lord to overstep the law w ith co m p a rativ e im punity, a n d w ith such facilities for w rong­ d oing it w as inevitable th at gross abuses o f pow er sho u ld occasion­ ally com e to light. L ong before th e period at w hich th e narrative has arrived this Seigniorial T en u re had begun to be felt as at o n ce a grievous burden upon the censitaire and an o b stru c tio n to the c o u n ­ try 's progress. T his w as m o re especially the case in cities a n d tow ns, w here th e ob jectio n ab le features o f th e system n atu rally m ade th em ­ selves m o re c o n sp icu o u s than in th e rural districts. In th e D istrict o f M o n treal, w here th e rents were higher than in Q uebec, th e griev­ a n c e w as e sp e cially o b n o x io u s . T h e “ c o m m o n a lty " bv degrees aw o k e to th e fact th a t they were living in a sta te o f serfdom from which it w as desirable th at they sho u ld em a n cip a te them selves. Such a relic o f feudal tim es as th e Seigniorial T en u re w as totally unsuited to the co n d itio n o f a progressive country', a n d th e clam o u r for its a b o litio n increased y e ar by year. It found few defenders, even

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a m o n g th e seigniors them selves. T h e chief difference o f opinion arose as to the question o f c o m m u ta tio n . T h e m ore adv an ced ra d i­ cals adv o cated th e to tal a n d im m ediate sw eeping aw ay o f the entire system , w ithout m ak in g any recom pense to th e seigniors. Persons o f m ore m o d erate o p in io n s a d m itte d th e right to c o m p e n sa tio n w hich th e seigniors h a d a cquired by prescription, a n d adv o cated a joint co m m u tatio n o f th e eens et rentes by the S tate a n d th e censitaires. A n A ct passed in 1849 a fforded certain facilities for an optional c o m m u ta tio n , but its provisions afforded little o r no practical relief to the censitaires, w ho refused to accept th e m easure as an a d eq u ate rem edy for the evils to w hich they were subjected. Such were th e m o st p ro m in en t features o f th e g reat question o f th e Seigniorial T en u re , w hich, jo in tly w ith th at o f th e C lergy R e­ serves, w as to engross a c onsiderable sh a re o f th e d e b ates during every session for several years to com e.

Cha p ie r 26

The First Step Towards Secularization . . . A m o n g ihe m o st im p o rta n t o f th e questio n s which engrossed th e atte n tio n o f P arliam ent d u rin g th e session [o f 1850]' w as th at o f the Clergy Reserves. O n Ju n e 18, M r. [J. H .] Price, C om m issioner o f C row n L ands, in tro d u ced a series o f resolutions, with the object o f procuring th e repeal o f th e Im perial A ct o f 1840. a n d o f enabling th e C a n ad ian L egislature to dispose o f th e reserved lands, subject to the c o ndition ol securing to th e existing h olders for their lives the stipends to w hich they w ere entitled. T hese resolutions w ere not in tro d u c e d o ffic ia lly , b u t o n th e so le re sp o n sib ility o f M r. Price him self. T he M inistry were not u n an im o u s in their views on the qu estio n , and hence it had been found im possible to in troduce a m inisterial m easure. T he F rench C an ad ian m em bers w ere m uch averse to c o m m ittin g them selves on th e Clergy Reserves a n d R ecto­ ry questions. M r. L afo n tain e, after careful c o n sid eratio n , w as un­ willing to be in stru m en tal in diverting the R eserves to secular p u r­ poses. C olonel T ac h e and M r. Viger were o f a sim ilar m in d . M any U p p e r C a n ad ian m em bers w ho w ere not in the confidence o f M in ­ isters were disposed to be exceedingly suspicious o f th e ministerial tactics on this q u estio n . T h e C lear G rits repeatedly en d eav o u red to ind u ce th e G o v e rn m e n t to c o m m it them selves to som e specific line o f actio n , but in vain. M inisters were tau n te d , th ro u g h th e press, a n d on the floor o f the H o u se, with a desire to shirk this great question o f religious liberty a n d equality. D uring the discussion on th e resolutions a dispute a ro se as to the best m eth o d o f procedure. T h e general voice o f th e Assem bly w as in favour o f pro cu rin g the repeal o f th e Im perial A ct, as co n tem p lated by th e resolutions, before a tte m p tin g to deal w ith th e Reserves. T h e C lea r G rits a n d a few o th e r m alco n ten ts adv o cated the im m ediate passing, by the

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Provincial L egislature, o f a Bill dealing w ith th e q u estio n , which Bill co u ld a fterw ards be sent h om e to receive th e royal assent. Such a proceeding, it w as arg u ed , w ould be a very clear indication o f the wishes o f th e C a n a d ia n people, a n d the Im perial au th o rities, w ho had testified their a pproval o f th e doctrines o f R esponsible G o v e rn ­ m ent as applied to th e C olo nies, w ould then not hesitate to repeal the A ct o f 1840. T h e differences o f opin io n betw een M inisters c am e o u t very clearly in the co u rse o f th e discussion. M r. Baldw in c o m b a te d the idea th a t vested rights could ju stly be set aside by th e m ere will o f a m ajority. T h a t, he said , was a false principle, w h eth er in politics o r in m o rals. T h ere m ust be such a th in g as right a n d ju stice, w hether op p o sed to the will o f a m ajority o r n o t. N o r did he a d m it th a t the C lergy Reserve lan d s were th e p ro p e rty o f th e people in th e sense in which they were som etim es said to be. T hey h a d been set a p a rt for a p a rticu la r p u rp o se , a n d th ere m ust be so m e th in g m ore th an the m ere will o f a m ajority to justify th e interference o f P arliam ent. O therw ise, he a d d e d , no m a n 's p roperty w ould be safe. T he ag ita­ tion on this question had been got up partly by persons having conscientious scruples against all religious en d o w m en ts. F o r his p a rt, h e had no such scruples. H e did not th in k e n d o w m en ts for religious purposes at all objectio n ab le, but he did object to the u nion o f th e C h u rc h w ith th e S tate. U p to th e passing o f th e A ct o f 1840 he had been o f opin io n th a t th e revenues sh o u ld be devoted to e d u ca tio n : but h e felt th a t th a t Act h a d altered the position o f affairs, a n d he did not feel so decided as to th e m ode in which the p roperty should be disposed of. H e w as n o t prep ared to go into the q u e stio n : but h e did n o t regard th e Im perial A ct as a final settle­ m en t, because it did not express the op in io n o f th e C a n a d ia n p e o ­ ple. M r. L afontaine said th at he w as not one o f those w ho co n sid ­ ered an Act o f P arliam ent as a final settlem ent, but th ere was a great difference betw een c onsidering a th in g not final, a n d repealing every A ct which em bodied th e rights o f private individuals. In his opin io n the g ra n tin g o f th e R eserves had been a very injudicious exercise o f pow er, but it h a d been effected by those w ho u n d o u b t­ edly h a d the pow er, a n d if any individual rights had been o b tain ed u n d e r th a t Act they sh o u ld n o t be distu rb ed . H e considered th a t the endow m ents sho u ld be held inviolate, a n d . as far as possible, carried into effect. T h e h o n o u ra b le gentlem an show ed on how different a foun d atio n the religious e n d o w m en ts o f L ow er C a n a d a rested, nineten th s o f which h a d been d o n a tio n s from private individuals, and not from th e C row n. M r. [L . T .) D ru m m o n d [S olicitor-G eneral for L ow er C a n ad a ) to o k a sta n d directly o p p o se d to th a t o f M r. L afo n tain e. In th e case o f th e Clergy R eserve lands, he said , there w as no donee, a n d he

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reg ard ed the en d o w m en t as incom plete. H e denied th a t any vested right had arisen u n d e r th e en d o w m en ts. But even if there w ere such rights, w as it n o t th e first d u ty o f P arliam ent to preserve the peace of society? D id there not arise in all com m u n ities occasions in w hich the interests o f society required th at vested rights sh o u ld be distu rb ed ? W h o w ould say th a t F ran ce w as in th e w rong w hen she m an u m itte d all th e serfs in th e c o u n try in a single night? Yet that w as a n interference w ith a vested right. W as it w rong in E ngland to free the blacks in th e W est Indies? W as it w ro n g in the British P arliam ent to ta k e from the b ish o p s in Ireland a sm all p o rtio n o f their large incom e? W as it w rong in L ord M orpeth to p ro p o se to ta k e an annual sum from th e Irish C hurch a n d devote it to e d u ca­ tional p u rp o ses, w hen in m an y o f the benefices there were but few persons professing th e religion o f th e C h u rc h o f E ngland, a n d in o th ers none? In the debates in the English P arliam ent on that pro p o sal he did not find th at any one h a d objected to it on the g ro u n d that it interfered with a vested right. M r. H incks ad m itte d th e existence o f w ide differences o f o p in ­ ion in th e C a b in e t on the C lergy Reserves question, but he declared th a t it w as an u tte r m isrepresentation to ch arg e m em bers w ith en ­ d e avouring to evade dealing with it. T h e M inistry w ere charged with being renegades a n d tra ito rs because they did not ch o o se to a d o p t th e ab su rd and u n co n stitu tio n al m easure suggested by h o n ­ o u ra b le m em bers w ho w ere willing to treat the question only by the intro d u ctio n o f a Bill. T h o se parties w ere striving to delude the R eform party w hen they declared th at theirs w as th e only proper m o d e by w hich to bring a b o u t a satisfactory settlem ent. T h e c o n stitu tio n a l right o f th e C a n ad ian L egislature to pass a Bill dealing w ith the q uestion gave rise to m uch subtlety o f a rg u ­ m ent b o th in a n d out o f P arliam ent. T h e A ssem bly solved the pro b lem by passing M r. Price’s resolutions, a n d in d u e c o u rse an A ddress, founded upon them , w as passed by a m ajority o f forty-six to tw enty-three, a n d sent over to E ngland by L ord Elgin. His Excellency, in the despatch which acco m p an ied the A ddress, ex­ pressed his regret at the revival o f th e agitatio n o n th e Clergy Reserves q u estio n . T h is sentim ent w as reechoed in th e reply o f the C olonial Secretary, w ho. how ever, ad m itte d th a t th e question was o n e “ so exclusively affecting th e people o f C a n a d a th a t its decision ought not to be w ith d raw n from th e Provincial L eg islatu re." It w as. how ever, to o late for the Im perial G o v e rn m en t to give effect to the A ddress during th e current year. T hey c oncluded to in tro d u c e the necessary legislation du rin g th e session o f 1851. W hy they failed to c arry out this in tention will h ereafter a p p ea r. T h e C a n a d ia n Legis­ latu re. by passing th e A d d ress, were for th e tim e sto p p e d from proceeding any farth er with th e m a t t e r .. . .

C hapter 27

The End O f the G reat Ministry ___ T h e open in g Speech [o f th e last session o f th e th ird parliam en t. w hich m et at T o ro n to on M ay 20. 1851,] referred to th e era ol p ro sp erity which h a d set in. a n d . as usual, suggested th e n a tu re o f so m e o f th e m o st im p o rta n t m easures co n te m p la te d by th e G o v e rn ­ m ent. T h e m ost noticeable featu re o f the early days o f th e session w as th e a d o p tio n by th e A ssem bly, at a single sitting, a n d by a u n a n im o u s v o te, o f th e A ddress in R eply. Sir A llan M a c N a b p re ­ p a red certain a m en d m en ts relating to the C lergy Reserves a n d the p ro p o sed increase in th e Parliam entary' re p re se n tatio n : but he c o n ­ tented him self with m erely placing these a m en d m en ts o n th e table, w ith o u t m oving th em . T he proxim ity o f a general election, a n d the desire to avoid positively c o m m ittin g them selves on th e burning q uestions o f th e tim e, m ay h a v e h a d som e influence in inducing the T ories to con sen t to th e peaceful a d o p tio n o f the A ddress: but as th e session adv an ced it becam e m o re a n d m o re evident th a t party anim osities h a d been to a g reat extent laid aside by th e T ories, and th a t th ere w as co m paratively little disposition to ta k e u p th e tim e o f th e H ouse m erely for th e p u rp o se o f e m b arrassin g the G o v e rn m en t. T h e only stro n g o p p o sitio n w hich the G o v e rn m en t w ere called u p o n to e n co u n ter e m a n ate d from W illiam L yon M ack en zie1 and th e C lea r G rits; but this o p p o sitio n , as will presently be seen, was destined to p ro d u c e im p o rta n t consequences. T h e railw ay legislation o f th e session w as o f prim ary im p o r­ tan c e. T h e g reat activity in railw ay co n stru ctio n displayed in the n e ig hbouring republic had begun to be distinctly reflected in this Province. R ailw ay activity, indeed, h a d becom e a Provincial neces­ sity. In form er years it had been believed th a t th e c om pletion o f the canal system w o u ld secure for C a n a d a a large sh a re o f th e tra d e o f

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th e W estern States. Such a belief h a d been a reaso n ab le deduction from th e facts; but th e adv en t o f th e railw ay era w ro u g h t a c o m ­ plete revolution in th e aspect o f affairs. T h e co n stru ctio n o f A m e ri­ can railw ays b a d e fair to divert, n o t only th e carry in g -tra d e o f the W estern States, but even th a t o f W estern C a n a d a , to A m erican lines. Such a diversion could only be prevented by the construction o f C a n a d ia n railw ays. [As A lex an d er T illoch G a lt com m ented]: “ Unless C a n a d a co u ld co m b in e w ith her unrivalled inland naviga­ tion a railroad system con n ected therew ith, and m utually sustaining each o th e r, th e w hole o f her large outlay m ust forever rem ain u n ­ p ro d u c tiv e.” Such were th e facts w hich stared C an ad ian statesm en in th e face at th e period u n d e r c o n sid era tio n , a n d they w ere facts which did n o t adm it o f disp u te. T he railw ay epoch h a d reached its practical stage, a n d som e o f the leading capitalists w ere busying them selves in m atu rin g im p o rta n t enterprises for th e developm ent o f th e c o u n try . T h e G o v e rn m e n t, ever since th eir accession to pow er, h a d been com pelled to bestow m uch a tte n tio n upon th e subject. It w as during this session lh a t M r. H in c k s’s A ct to m ake provision for th e c o n ­ stru ctio n o f a m ain tru n k line from Q uebec to th e W estern c o n ­ fines o f th e Province w as passed. In u n d e rta k in g such a gigantic enterprise it w as not intended th a t C a n a d a sh o u ld depend entirely u p o n her ow n resources. P arliam ent co n te m p la te d offering such inducem ents as m ight a ttrac t the a tte n tio n o f capitalists, a n d legisla­ tion w as fram ed with lh at e n d in view. A id w as also expected from th e H om e G o v e rn m en t, in th e sh a p e o f a g u a ran tee d lo an . Such aid h a d been prom ised to N o v a Scotia for th e co n stru ctio n o f a m ili­ tary line betw een H alifax a n d Q u eb ec; a n d it w as now hoped th a t the schem e m ight be extended so as to apply to th e line w estw ard. In ih e event o f this ho p e p roving fallacious, th e Province c o n te m ­ plated building the line on h e r ow n credit, with th e assistance o f the m unicipalities m o st directly interested in th e enterprise, a n d o f such private c apitalists as m ight be induced to e m b ark in it. In case o f th e Im perial g u a ra n te e being g ra n te d , th e G o v e rn o r w as a uthorized to m ak e arra n g e m e n ts with th e G o v e rn m en ts o f G re a t Britain and th e M aritim e Provinces for th e co n stru ctio n o f th e intercolonial ro a d from H alifax to Q uebec, a n d o f the line thence w estw ard to H a m ilto n . A u th o rity w as also conferred upon th e G o v e rn o r in C ouncil to apply any o r all u n g ra n te d lands, to the extent o f ten m iles on each side o f the line, in fu rth eran ce o f th e w ork, w hich, it w as confidently believed, w ould, w hen com pleted, give C a n a d a a practical m onopoly o f the carry in g -tra d e o f the G re at W est. T he C a n ad ian re ad e r scarcely needs to be inform ed th at out o f these projects were developed the lines subsequently know n respectively as th e G ra n d T ru n k a n d In te rc o lo n ia l.. . . A despatch from Earl G rey , an n o u n cin g that H er M ajesty ’s

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G o v e rn m en t h a d been com pelled to p o stp o n e to a n o th e r session the intro d u ctio n o f a Bill au th o rizin g the C a n a d ia n L egislature to deal with th e [Clergy Reserves), w as c o m m u n icated to th e A ssem bly. T h at H ouse passed a n A ddress th an k in g H er M ajesty for th e g ra ­ cious m an n er in w hich she h a d been pleased to receive th e A ddress o f the previous session: and there, for th e tim e, th e m a tte r rested. A n a tte m p t w as renew ed by M r. H . J. B oulton to bring a bout im m ediate Provincial legislation on th e subject, but th e reasons against th e a d o p tio n o f such a co u rse were w eightier th an ever since th e passing o f th e A ddress in 1850, w hereby th e question h a d been form ally relegated to the h a n d s o f the H om e G o v e rn m en t. M r. B ou lto n ’s a tte m p t w as a signal failure, th e vote upon his proposal sta n d in g 52 to 5. C ertain rep o rts u n fa v o u ra b le to th e Ministry', how ever, began to get a b ro a d . M r. Brow n h a d grad u ally been drifting farth er a n d farth er aw ay from th e G o v e rn m en t. H e was conscious o f having m erited co n sid eratio n at th eir h an d s by his services to them a n d to the R eform p a rty , a n d he w as dissatisfied because m inisterial influence h a d not been actively exerted in his favour du rin g his cam paign in H a ld im a n d . A s m a tte r o f fact, the G o v e rn m en t w ould have m uch preferred th e election o f M r. Brown to th a t o f M r. M ackenzie, but th e latter h a d been put fo rw ard by old a n d influential R eform ers in the c o u n ty , a n d the M inistry had not deem ed it expedient to interfere. M r. B row n now assum ed an a ttitu d e o f op en hostility to them , a n d criticized so m e o f th eir acts an d om issions with c onsiderable vehem ence. T h e Clergy Reserves question w as o n e u p o n w hich he felt very strongly. H e w as eager for se cularization, a n d op p o sed to any farther delay. H is crusade against w hat he regarded as R o m an C ath o lic aggression h a d m ade him very m uch disliked bv the F rench C a n ad ian s, nearly all o f w hom professed th e R om an C ath o lic faith. H e w as ready enough to retort this dislike, a n d it displeased him to see th e U p p er C a n a d i­ an m em bers o f th e M inistry acting in concert with those from the L ow er section o f th e Province on questions o f a quasi-religious ch ara cte r: such, for instance, as g ra n ts to d e n o m in a tio n al in stitu ­ tions. a n d th e establishm ent o f sectarian schools a n d colleges. In these opinions he w as not a lto g e th e r singular, alth o u g h his personal follow ing at th a t tim e w as sm all, as he h a d no sentim ent in c o m ­ m on with th e C lea r G rits except a desire to see the C lergy Reserves se c u la riz e d at o n c e. But his o p in io n s w ere given to th e pub lic th ro u g h the m edium o f the Globe, a n d th u s o b tain e d w ide circ u la ­ tio n ; so th at even in som e q u a rte rs w here they did n o t find entire acceptance, they w ere m ore o r less prejudicial to the G o v e rn m en t. It w as well know n th at M essieurs L afontaine. C a u c h o n . C hau v eau , a n d indeed m ost o f the pro m in en t F rench C a n a d ia n s were not an xious to see th e views o f the ultra-secularists carried o u t. They

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were in fav o u r o f th e repeal o f th e Im perial A ct, a n d o f an equitable settlem ent by th e C a n ad ian Legislature, but they had voted against one o f M r. Price’s resolutions which affirm ed th a t “ no religious d en o m in atio n can be held to have such vested interests in th e reve­ nue derived from the proceeds o f th e said C lergy Reserves as should prevent further legislation w ith reference to th e disposal o f th e m .” T h e G lobe now censured th e U p p e r C a n ad ian M inisters for assent­ ing to th e in tro d u c tio n o f th e R ebellion Losses Bill until th e French C an ad ian m em bers h a d pledged them selves to su p p o rt seculariza­ tio n . . . . T h e Provincial legislation o f th e session o f 1851 consisted o f 170 A cts. A m easure w hich did n o t receive th e san ctio n o f a m ajority, a n d w hich th erefo re did not becom e law , now requires to be m en­ tio n e d , because o f its u lterior consequences, ra th e r th a n from any special significance a tta ch in g to the m easure itself___ [T he] C h a n ­ cery A ct of 1 8 4 9 . . . . had been in tro d u ced a n d carried th rough un d e r th e auspices o f M r. B aldw in. It had been found to w ork well, a n d th e C o u rt o f C hancery in U p p e r C a n a d a had begun to be regarded as a c o u rt o f equity in fact as well as in nam e. T h e C lear G rits, how ever, as h a s been seen, had m ad e th e a b o litio n o f the C o u rt a plank in th eir p latfo rm , a n d W illiam Lyon M ackenzie, w ho h a d practically allied h im self with the C lea r G rits (thou gh he still called him self an In d e p en d e n t), now b ro u g h t forw ard a m otion in a ccordance w ith th eir views. H is pro p o sitio n w as th a t th e C ourt o f C hancery sh o u ld be do n e aw ay w ith, a n d th a t an enlarged equi­ tab le jurisd ictio n sh o u ld be conferred upon th e C o u rts o f C om m on L aw . T h e m otion c am e on to w a rd s the end o f Ju n e . It w as voted dow n, but it received the su p p o rt o f a m ajority o f th e U p p er C a n a ­ dian m em bers o f P arliam en t, m any o f w hom belonged to th e legal profession, a n d m ight be su p p o sed to be specially cap ab le o f fo rm ­ ing an intelligent o p in io n on such a q uestion. M r. Baldw in, w ho felt him self responsible for th e C o u rt o f C h an cery , as it then existed, to o k this vote very m uch to h eart. T h e q uestion was one affecting U p p er C a n a d a only, a n d th e m otion w as defeated by th e votes o f th e F rench C a n ad ian m em bers, w ho had no interest in th e m atter, an d w ho m erely voted u p o n it at the bid d in g o f th eir leader, M r. L afontaine. M r. B aldw in w as no stickler for th e d o uble-m ajority principle, but he felt th a t this w as an exceptional question. I f the U p p e r C a n a d ia n law yers w an ted to be rid o f th e C o u rt o f C hancery he w as not disposed to force it upon them by virtue o f a French C a n a d ia n m ajority. H e regarded th e U p p e r C a n ad ian vote as indic­ ative o f non-confidence in him self, and so deep w as his m ortifica­ tion th at he resigned office. His a n n o u n ce m e n t o f his resignation was received in th e A ssem bly w ith universal expressions o f regret. Several gentlem en w ho h a d vo ted for M r. M ackenzie’s m otion

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declared th at they w ould not have do n e so h a d they supposed it w o u ld p roduce such a result. Sir A llan M a c N a b a n d o th e r T ories referred feelingly to M r. B aldw in's great services to the c o u n try : a n d by m ore th a n o n e he w as asked to reconsider his d e te rm in a ­ tio n . But he h a d fully m ad e up his m in d , a n d his decision was irrevocable. M r. H incks a n d th e o th e r U p p e r C a n ad ian m em bers o f th e C abinet a p p ro v ed o f M r. B aldw in's resignation, a n d signified their ow n willingness to follow the exam ple. M r. B aldw in, how ever, in th e interests o f th e R eform p a rty , requested them not to do so, an d they for th e tim e rem ained in office. M r. L afo n tain e passed a w arm eulogy u p o n his retiring colleague, a n d a n n o u n ce d th at the la tte r w ould c o n tin u e to act as A tto rn ey -G e n e ral until the a p p o in t­ m ent o f his successor. M r. L afo n tain e also to o k the unusual step o f an n o u n cin g th a t he him self w ould retire from public life at o r soon a fte r th e close o f th e session. . . . T h e G re at M inistry. Y es; for everything in this w orld is relative, a n d w hen th e w ork o f th e seco n d L afontaine-B aldw in M inistry is fairly c o n tra sted w ith th a t o f o th e r C a n a d ia n M inistries o f its e p ­ o ch , it m ust be acknow ledged to have been g reat at least by c o m ­ pariso n . N o A d m in istra tio n k n o w n to o u r history has ever effected so m uch du rin g an equal space o f tim e. N o n e has co n tain ed so m any m en w hose abilities en titled them to ran k a m o n g colonial statesm en , as c o n tra d istin g u ish e d from m ere politicians. It inherited se v e ra l c u m b r o u s a n d m o st u n d e sira b le leg acies, w ith so m e o f w hich it w as im peratively called upon to deal. It w as consequently subjected to a tta ck s which w ould have bro k en in pieces any G o v ­ e rn m e n t which w as n o t stro n g in a m oral as well as in a political sense. M uch o f its legislation survives to th e present d ay , a n d is a fitting m o n u m en t to th e justice, rectitude a n d b ro a d sta tesm an sh ip o f its m em bers. T h ere is no need to review in detail th e v a rious A cts which signalized its to o b rie f reign; the m o re im p o rta n t o f them h a v in g already been e n u m e rate d a n d c o m m en ted u p o n . T h e th o r­ ou g h reform o f th e m unicipal system , a n d o f the election, education a n d a sse ssm e n t la w s: th e e sta b lish m e n t o f th e P ro v in c ia l c red it a b ro a d ; th e o b tain in g o f th e c o n tro l o f th e Provincial Post O lfice. a n d th e establishm ent o f c h eap and uniform rates o f postage; the reform a n d rem odelling o f th e c o u rts o f law in b o th sections o f the P rovince: the a m e n d m en t o f th e exclusive c h a rte r o f K ing's C o l­ lege, a n d the establishm ent o f th e U niversity o f T o ro n to on a n o n ­ sectarian basis: th e gran tin g o f a general am nesty for th e m isdeeds o f 1837-'38; th e abolition o f th e d o ctrin e o f prim o g en itu re in U p ­ per C a n a d a as applied to real estate; th e in au g u ra tio n o f railw ay leg isla tio n - th e se a re a few a m o n g th e m a n y a c h ie v e m e n ts for w hich th e th an k s o f posterity are due to th e G re a t M inistry which directed C a n a d ia n affairs from M arch , 1848, to O c to b er, 1851. W ith respect to th e C lergy Reserves a n d the Seigniorial T enure,

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only th e first steps h a d been tak en , a n d it rem ained for a C oalition G o v e rn m en t to c a m ' o u t, three years later, the schem es w hich two R eform A d m in istra tio n s h a d spent m uch tim e a n d la b o u r in b ring­ ing to m aturity. M r. L afo n tain e 's retirem ent w as due to a co m b in a tio n o f c ir­ cum stances. H e did not assign any definite g ro u n d s for his determ i­ na tio n , even to his colleagues, but his reasons are not difficult to arrive a t. H e w as a m an o f refined a n d scholarly tastes, a n d had never been enthusiastically devoted to th e ceaseless w orry a n d tu r­ m oil o f p u b lic life. H is P a rlia m e n ta ry c a re e r h a d , n o tw ith s ta n ­ ding, been a brilliant and useful o n e, a n d he now h a d it in his p o w er to retire with a spotless record a n d an h o n o u re d nam e. He enjoyed th e respect o f the entire Province, a n d he felt th at he could n ot c o u n t upon being able to w ith d raw under equally favourable circum stances a t a future tim e. H e saw th a t it w ould erelong be absolutely necessary for P arliam en t to deal with v a rious questions as to w hich he w as n o t fully in a c c o rd w ith p u b lic o p in io n . His respect for vested rights prevented him from sy m p ath izin g w ith the views o f extrem ists with regard to the Seigniorial T en u re a n d the C lergy Reserves. T h o u g h he w as a m an o f large and liberal m ind, he w as firm a n d unyielding in his views, and he well knew th a t he w as grow ing m o re C o nservative y e ar by year. H e m oreover felt th at in th e event o f his rem aining in the G o v e rn m en t he w ould seriously feel th e loss o f M r. Baldw in. E verything p ointed to th e sam e c o n ­ clusion. His best policy w as to retire while he w as in th e plenitude o f his pow er, leaving it to o th e r h a n d s to g a th e r th e c ro p which he h a d helped to so w . A lth o u g h , ow ing to his silence on th e m atter, th e foregoing reasons c an n o t be set dow n as definitely-ascertained historical facts, yet their plausibility is such th a t they are at least w orthy o f being recorded as thro w in g light upon a passage in o u r history which is greatly m isunderstood. M r. L afo n tain e ’s resignation p ro d u ced as w idespread a regret th ro u g h o u t his ow n section o f th e Province as th a t o f M r. Baldw in h a d p ro d u ced in U p p e r C a n a d a . H e resum ed, for a tim e, th e active practice o f his profession in M o n tre al. In th e m o n th o f A ugust, 1853, he w as a p p o in te d to th e high office o f C h ief Justice o f Low er C a n a d a , w hich had been left v acan t by th e death o f Sir Jam es S tu a rt. In 1854 he w as c reated a B aronet, c o n tem p o ran eo u sly with th e conferring o f a sim ilar h o n o u r upon th e C h ief Justice o f U p p er C a n a d a . H e c o n tin u e d to sit on th e bench as C h ief Justice do w n to the p eriod o f his d e ath , w hich to o k place at th e city o f M ontreal on th e 26th o f F e b ru a ry , 1864. H e w as confessedly one o f th e ablest ju rists th a t ever sat on th e C an ad ian bench, a n d his decisions are regarded with th e highest respect by his successors. M r. Baldw in, as has been said , felt very keenly th e vote o f the U p p e r C a n ad ian law yers in the A ssem bly o n M r. M ackenzie’s

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C h an cery m o tio n . A n o th e r m ortification w as in sto re for him . A t the ensuing general election [1851] he offered h im self as a c an d id ate for his old constituency, th e N o rth R iding o f Y o rk . T h e influences o f the tim e w ere not p ro p itio u s to him . T h e C lear G rits b ro u g h t out a c an d id ate in the person o f M r. Joseph H a rtm a n , a gentlem an then u n k n o w n in th e political w orld. A cry w as raised du rin g the cam p aig n th at M r. Baldw in w as averse to secularizing the Clergy R eserves, and th a t he had su rre n d ere d him self to F rench C an ad ian influence on th e subject o f representation by p o p u latio n . Pledges were d e m an d ed from him w hich he refused to give. " I am not h ere.” he re m a rk ed , “ to pledge m yself on any q u estio n . I go to the H ouse as a free m an o r not at all. I am here to declare to y o u my opin io n s. If yo u a p p ro v e o f m y o p in io n s, a n d elect m e. I will carry them o u t in P arliam en t. If I sh o u ld alter those o p in io n s I will com e back a n d su rre n d er m y tru st, w hen y o u will have an o p p o rtu n ity o f either reelecting m e o r choosing a n o th e r c an d id a te : but 1 shall pledge m yself at th e bidding o f no m a n ." O n th e subject o f an elective Legislative C ouncil, m o reo v er. M r. B aldw in w as not in sy m p ath y with th e p o p u lar feeling in his constituency. H e believed in co n tin u in g th e system o f a p p o in tm en ts by th e Crow n. as p ro v id ­ ed by th e Act o f U n io n , w hereas p o p u lar sen tim en t favoured the election o f Legislative C o u n cillo rs by public vole. U p o n th e w hole. M r. Baldw in w as to o C onservative for th e tim es, a n d th e com bined influences b ro u g h t to bear against him were fatal to his c an d id atu re . M r. H a rtm a n w as retu rn ed at th e head o f ih e poll, a n d M r. B ald­ win retired to priv ate life, from w hich he never again e m e rg e d .. . .

C hapter 28

Hincks-Morin D uring th e three m o n th s im m ediately preceding th e resignation o f th e M inistry', a ch ao tic state o f affairs prevailed in political circles. H ie portfo lio o f A tto rn ey -G e n e ral W est w as practically vacan t, for a lthough M r. Baldw in, a ccording to the prevalent usage, nom inally held office until th e a p p o in tm en t o f his successor, he h a d ceased to tak e p a rt in th e direction o f th e G o v e rn m en t, a n d did not a tte n d at C abinet m eetings. T h e duties pertaining to th e leadership for U pper C a n a d a devolved u p o n M r. H incks, w hose know ledge a n d Parlia­ m entary experience well fitted him to discharge them . M r. L afo n ­ taine. in view o f his ow n co n te m p la te d retirem ent, w ould n o t assign M r. B aldw in's p o rtfolio to any o n e else; n o r w o u ld he entertain any p ro p o sals on th e subject o f m inisterial changes. Y et im p o rta n t m in ­ isterial changes w ere im m inent, a n d could n o t be p o stp o n ed beyond th e tim e o f M r. L afo n tain e ’s resignation. U p o n w hom w ould d e ­ volve th e task o f form ing a new M inistry, o r o f reconstructing that already in existence? " I t m ay be said with tr u th ” - rem ark s [Sir F rancis H incks] - “ th a t there w as hardly a m an o f any influence, w hether in o r o u t o f P arliam ent, w ho w as not m aking forecasts o f th e fu tu re .” T h e disunion in th e R eform ranks w as a serious m a t­ ter, for it w ould be no easy task to m ake such a n adjustm ent o f the p ortfolios as sh o u ld m eet general a p p ro v al, a n d a Tory' G o v e rn ­ m en t, in th e existing sta te o f public o p in io n , w as altogether o u t o f the question. T he p ro b lem , how ever, found its so lu tio n . N o so o n e r had M r. L a fo n ta in e te n d e re d his re sig n a tio n , e a rly in O c to b e r, th a n th e G o v e rn o r-G e n e ra l - w ho w as then sojo u rn in g at D rum m ondville. near N iag ara F a lls - s e n t for M r. H incks, a n d co m m itted to his charge th e form ation o f a new A d m in istra tio n . M r. H incks w as p ro b ab ly th e shrew dest and m ost energetic m an then in public life in this Province. H e h a d lo n g foreseen th a t th e party-lines o f the

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R eform ers w ould h av e to be laid dow n afresh, a n d o n a less rigid basis th a n w ould have seem ed g o o d to M essieurs L afo n tain e and Baldw in. F ro m th e d a te o f his accession to th e leadership for U p p er C a n a d a his policy h a d been o n e o f concession: concession to the F rench C a n a d ia n s, to the C lea r G rits, and indeed to any party w hich h a d it in its pow er to o b stru c t the c arrying-on o f public b u sin e ss. U p o n receiv in g th e G o v e r n o r 's c o m m a n d s to form a G o v e rn m en t h e p u t him self in c o m m u n ica tio n w ith D r. R olph, w h o , tho u g h he w as not then in P arliam ent, w as th e ruling spirit o f th e C lear G rit p a r t y - a party w hich it w as absolutely necessary to c o n c ilia te . M r. L a fo n ta in e h a v in g re tire d fro m p u b lic life, M r. M orin w as by c o m m o n con sen t th e leader o f th e F rench C an ad ian L iberals; a n d w ith him M r. H incks also held frequent conferences . . . . O n the 28th o f [O ctober] th e m em bers o f th e [H in ck s-M o rin ] Ministry7 [including tw o C lea r G rits] received th e seals o f office at Q uebec, a n d en tered u p o n th e duties o f a d m in is tra tio n .. . . T h ere w as o n e c onspicuous individual in U p p e r C a n a d a who h a d long d istrusted M r. H incks, a n d w ho view ed th a t gen tlem an 's increasing ascendency with m uch disfavour. T h is was M r. B row n, o f th e G lobe, w h o , as we have seen, had passed du rin g th e year from a lukew arm su p p o rte r o f th e G o v e rn m en t to an active o p p o ­ nent. H e published in his p a p er a series o f letters addressed to M r. H incks, in which the la tte r's alleged shortcom ings w ere a n im a d v e rt­ ed u p o n with m uch asperity. T h e Inspector-G eneral w as charged w ith shirking th e C lergy Reserves question, a n d w ith h aving b e ­ trayed th e interests o f U p p e r C a n a d a by su rren d erin g h im self to F re n c h C a n a d ia n in flu e n c e . T h e se le tte rs w e re w ritte n by M r. Brow n him self, a n d b o re his ow n signature. T h e first o f them was published in the G lobe o f th e 1 1th o f S eptem ber, a n d th e rem ainder a p p ea red at intervals du rin g th e next few w eeks. T hey w ere then collected and republished as a p a m p h le t, w hich w as used as a c a m ­ paign d o cu m en t du rin g th e ensuing election c o n test. T h e influence o f th e G lobe w as exerted to th e utm o st to secure the defeat o f the new M inisters a n d their su p p o rte rs. T he o p p o sitio n then set on foot by M r. Brow n w as persisted in by him so lo n g as the H incks-M orin A d m in istratio n rem ained in pow er. T h at his o p p o sito n should be m o re o r less injurious to M r. H incks w as inevitable, for th e circula­ tion a n d influence o f th e G lobe w ere w idespread; but its im m ediate effects w ere not very perceptible, a n d som e tim e elapsed before it h a d th e effect o f either m odifying o r retard in g th e prosecution o f th e G o v e rn m en t policy. M r. B row n, on th e o th e r h a n d , incurred a serious responsibility as a p arty m an by creatin g further disruption am o n g th e R eform ers, w ho w ere already suffering from a w ant o f co n co rd a m o n g their leaders. So far as can now' be ascertained, how ever, his m otives w ere public a n d not p ersonal. H e w as a n im a t­ ed by a dislike o f th e F rench C a n a d ia n policy a n d institutions, and

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he had no confidence in th e liberal professions o f M r. H incks, w hom he regarded as a m an o f expediency ra th e r th an o f principle. A n a b su rd allegation has tim e a n d again been repeated to th e effect th at his a n ta g o n ism w as due to his not being tak e n into the M inis­ try, a n d M r. H incks has been accused o f w ant o f ju d g m e n t in form ing his C a b in e t w ith o u t M r. B row n. W h o th e o rig in a to r o f this ex tra o rd in a ry accusation m ay have been it is not easy to sa y ; but assuredly it w as som e o n e not very fam iliar with th e sta te o f political affairs in C a n a d a du rin g th e period u n d e r c o n sid eratio n . T h ere w ere tw o rem ark ab ly g o o d reasons for not asking M r. Brow n to jo in th e G o v e rn m en t. In th e first place, it w as well know n th at, ow ing to his o p in io n s on vario u s questions relating to Low er C a n a ­ da, he w ould n o t accept a seat in it. T his reaso n , o f itself, w ould seem to be c o n c lu siv e . B ut th e re w as a n o th e r e q u a lly so . M r. B row n's sentim ents to w a rd s th e French C a n a d ia n s, and his sta n d on the R om an C atholic q u estio n , were m atters o f notoriety. His a n tip a th y w as fully re tu rn e d . It w as essential th a t L ow er C an ad a should be fully represented in th e G o v e rn m en t by F rench C an ad ian m em bers enjoying th e confidence o f the F rench C a n ad ian electors. But no F rench C a n a d ia n m em b er o f th e A ssem bly w ould have sat in th e sam e C a b in e t with M r. B row n, a n d if any one o f them had consented to do so he w ould have been execrated by public opinion in his section o f the Province. U n d e r such circum stances, how was it possible for M r. H incks to offer M r. B row n a place in the G o v e rn m en t, even if th e la tte r h a d been desirous o f accepting it? T he alliance w ith the F rench C a n ad ian L iberals w as regarded by th e U p p e r C a n a d a M inisters as to o valuable to be severed, even tho u g h such severance should secure for th e latter the coo p eratio n o f M r. Brow n. O n th e 6th o f N o v e m b er [1851] the existing Parliam ent was dissolved. W rits w ere issued, a n d during th e re m a in d e r o f the year th e c o u n try w as in th e th ro es o f a general election. T he result was th e re tu rn o f a con sid erab le m ajority o f su p p o rte rs o f th e new M inis­ try. . . . O n the 19th o f A ugust [1852] the first session o f th e F o u rth P arliam ent m et at Q uebec. U p o n m otion o f M r. H incks, seconded by M r. M orin, M r. Jo h n S andfield M acdonald w as elected S peaker o f th e A ssem bly by a vote o f 55 to 23. T h e Speech from the T h ro n e w as delivered on th e 20th. It alluded to the steady rise in value o f Provincial securities, a n d to th e satisfactory evidence furnished by th e recent census as to th e ad vancem ent o f th e colony in w ealth and p o p u la tio n . Reference w as also m ade to th e railw ay projects o f the tim e; to a co n te m p la te d m easu re for in troducing the decim al system in to th e P ro v in c ia l c u rre n c y ; to th e im p o rta n c e o f e sta b lish in g steam c o m m u n ica tio n betw een G re at Britain a n d C a n a d ia n ports; a n d to th e p ro p o se d ad dition to th e rep resen tatio n . T he C olonial

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S ecretary’s despatch, sta tin g th e g ro u n d s upon which th e Im perial G o v e rn m en t h a d refrained from in troducing a bill au th o rizin g the C a n ad ian L egislature to deal with th e C lergy Reserves, w as also referred to ; a n d it w as a n n o u n ce d th at th e subject o f th e Seigniorial T en u re w ould p ro b a b ly engage the a tte n tio n o f P arliam ent during th e session. T h e C onservatives offered no factious o p p o sitio n , and for a tim e it seem ed as th o u g h th e A ddress in Reply w ould pass with very little deb ate. M essieurs H incks a n d M orin gave the A s­ sem bly som e account o f th e form ation o f th eir G o v e rn m en t, and o u tlin e d th e m in iste ria l p o lic y th a t h a d b e en d e te rm in e d u p o n , w hich, as has been seen, w as o n e o f adv an ced reform . T hen it becam e a p p a re n t th a t th e G o v e rn m e n t w ould have to e n co u n ter a v ig o ro u s o p p o s itio n fro m so m e L ib eral m e m b e rs . T h e m o st p r o ­ n ounced attack w as m ade by M r. G eorge B row n, w ho, in a speech o f m o re than tw o h o u rs' d u ra tio n , gave a foretaste o f th e vigorous, slashing style o f P arliam en tary o ra to ry for w hich he afterw ards becam e fam ous. H e co m p la in e d o f th e w ant o f satisfacto ry e x p la n a ­ tio n s on the p a rt o f M inisters as to the principles and intentio ns o f th e A d m in istra tio n , a n d drew a sketch o f th e position o f parties since th e U n io n , show ing th e difficulties th at had arisen in the R eform ran k s, a n d th e rise o f an u ltra party . H e read extracts from th e jo u rn a ls a n d public d o c u m e n ts illustrative o f th e o p p o sin g views o f th e tw o sections, a n d proving th a t at th e com m encem ent o f 1851 they had been utterly opp o sed to each o th e r on every g reat question b efore the c o u n try . H e denied th at th e c o u n try h a d gain ed anything by th e coalition. A fter assailing th e m inisterial policy o n th e railway and o th e r questions, he a n n o u n ce d that in spite o f these things he sh o u ld vote for th e A ddress. T o vote against it. he re m a rk ed , w ould be to m anifest a desire to see th e M inistry o u t o f office, a n d for that he w as not yet p re p are d . U ntil th eir m easures w ere fully developed, he co u ld not determ in e w h e th er it w ould be th e least evil to have them o r the T ories in pow er. H e certainly did think it w ould be b etter to have a T o ry G o v e rn m en t than one w ith a R eform nam e carrying T o ry m easures. H e c oncluded by passing a w arm eulogium on th e constitu tio n al course w hich his Excellency h a d pursued in C a n a d a . Such w as th e te n o r o f M r. B row n's first c onspicuous P a r­ liam entary u tteran ce. It w as essentially th e speech o f a n a g ita to r, w hose m ain stren g th lies in o p p o sitio n ; a n d the sp eak er w as thence­ forw ard o n e o f th e m ost m ark ed m en in th e A ssem bly. M r. P apineau also a tta ck e d th e M inistry a n d th e existing c o n sti­ tu tio n a l system w ith great bitterness. H e declared him self in favour o f an n ex a tio n , an elective Legislative C ouncil, a n d v o te by ballot. Beyond all c o m p a riso n th e m ost ab le speech from the C onservative side w as m ade by M r. Jo h n A . M a c d o n ald , w ho expressed his dissatisfaction at th e insufficiency o f th e m inisterial e xplanations, and declared his conviction th a t there w as no principle in com m on

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am o n g th e m em bers o f th e A d m in istra tio n , except the desire to hold office. T he A ddress finally passed on the 31st, m ost o f th e p arag rap h s being unanim ously assented to , a n d the rem a in d e r being a d o p te d by varying but c onsiderable m ajorities. F o r m o re than tw o m onths th ereafter [until N ovem ber 10, I852J the business o f th e session was carried on with energy a n d vigour, a n d som e en ac tm e n ts o f im p o r­ tance were a d d ed to the sta tu te b o o k . C o n sp ic u o u s a m o n g the latter w ere an A ct au th o rizin g th e G o v e rn o r to establish a B ureau a n d M inister o f A g ric u ltu re; a n A ct for th e establishm ent o f a T ran satla n tic line o f steam vessels; an A ct to in co rp o ra te th e G ra n d T ru n k R ailw ay; a n d an A ct to establish a C o n so lid ate d M unicipal L oan F u n d for U p p e r C a n a d a . T h e first-nam ed m easure defined th e duties o f th e M inister o f A griculture, which included th e e n ­ cou rag em en t o f im m ig ratio n , a n d the establishm ent o f m odel farm s with a view to th e p ro m o tio n o f agriculture, a n d th e collecting, dissem inating a n d publishing o f statistics relating to agricultural m atters generally th ro u g h o u t th e Province. By th e A ct relating to T ran satla n tic steam ers, w hich h a d been hinted a t in th e opening Speech, th e su m o f L 19.000 sterling per a n n u m was a p p ro p ria te d for th e p u rp o se o f establishing a line o f steam vessels betw een C a n ­ a d a a n d G reat B ritain, to ru n o n c e every fortnight each w ay be­ tw een Liverpool a n d Q uebec a n d M ontreal du rin g such tim e in each year as navigation sh o u ld be open in the S t. L aw rence, a n d to run once every m onth each w ay betw een L iverpoool a n d H alifax o r P o rtlan d during th e rest o f th e year. T h e session w as very prolific o f railw ay legislation, a n d th e G ra n d T ru n k w as only o n e o f m any c o m p an ies w hich received c h arters o f in co rp o ra tio n . T h e M unicipal L oan F u n d A ct w as a m easure enabling m unicipalities to borrow m oney on the credit o f th e Province for local im provem ents. It assisted m aterially in th e d evelopm ent o f th e c o u n try , but it was tak e n u n d u e ad v an tag e o f by som e m unicipalities, a n d led to a g o o d deal o f extravagant o u t la y .. . . P arliam ent reassem bled, p u rsu a n t to a d jo u rn m e n t, on th e 14th o f F e b ru a ry (1853). T h ere w as no p a rad e o r o th e r display a t the o pening, it being m erely a reassem bling o f an ad jo u rn e d session, a n d not a new one. . . . T h e ensuing p a rt o f th e session extended o v e r fo u r m o n th s . It w as fru itfu l o f a n a lto g e th e r e x c e p tio n a l a m o u n t o f legislation, including nearly 200 A cts, w h e reo f no fewer th a n 28 related to railw ays. T he railw ay m an ia w as at its height, a n d th e wildest schem es were pro jected , in m an y cases, ap p aren tly , in th e u tm o st good faith. A n u m b e r o f educational in stitu tio n s also applied for a n d o b ta in e d A cts o f in co rp o ra tio n . A m easure for regulating the currency w as passed, w hereby th e decim al system w as in tro d u c ed , and th e legal d e n o m in a tio n s a n d values o f current m o n ­ ey w ere ascertained. A n o th e r A ct extended th e franchise, and pro -

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vidcd a system o f registration o f voters. A n A ct in tro d u ced by M r. B row n abolished the existing penalties for usury. A n a n im ated d e ­ b ate e nsured upon th e in tro d u c tio n by M r. D ru m m o n d o f a G o v ­ e rn m en t m easure relating to th e Seigniorial T en u re . It p ro p o se d to reduce such o f th e ren ts as w ere held to be e x o rb ita n t, a n d to obtain ju dicial decisions as to their legality. In th e case o f such rents as w ere adjudged to be legal, c o m p e n sa tio n to th e seignior for any excess over tw o pence per acre w as p rovided for. a n d tw o pence was to be th e m axim um rent for th e future. W here th e rents were a djudged to be illegal th e seignior w as to subm it to the reduction w ith o u t co m p e n sa tio n . M r. C h risto p h er D u n k in , an ab le M ontreal law yer w ho w as destined to becom e w idely k n o w n in political life, ap p ea red at th e b a r o f th e H ouse, a n d occupied tw o entire evenings in presenting th e q uestion from th e seignior's point o f view . His a rgum ent displayed g reat e ru d itio n , and w as very effectively deliv­ ered. H e w as replied to by M r. D ru m m o n d , a n d th e subject was fully discussed. T h e m easu re w as finally passed by th e A ssem bly, b u t rejected in th e Legislative C ouncil. T h e action o f th e U p p er H ouse at this tim e tended to increase the a gitation on th e subject o f applying the elective principle to th a t b o d y ; an a gitation which had been set on fool several years before, a n d w hich w as now intensified to such an extent th a t a n A d d re ss w as passed by th e A ssem bly and duly forw arded to E ngland, praying th at a u th o rity m ight be given to th e C a n a d ia n L egislature to deal with th e q u estio n . T h e a g ita ­ tio n . as will h ereafter be seen, w as erelong successful. A m easure providing for an increased rep resen tatio n h a d once m ore been presented to ihe A ssem bly d u rin g th e first p a rt o f the session in the preceding y ear, b u t th e a d jo u rn m en t h a d prevented it from being proceeded w ith. Its co n sid eratio n w as now resum ed. M r. M orin w as its sp o n so r, and upon him chiefly devolved the task o f explaining its provisions. T h ere w as a vigorous o p p o sitio n to som e o f its details on th e p a rt o f M essrs. G e o rg e B row n, J o h n A . M ac­ d o n a ld . Sir A llan M a c N a b , W . L. M ackenzie, a n d o th ers, but. after having been defeated ai three consecutive sessions, it w as now c o n d u cted th ro u g h its v a rious stages and passed. H lty -eig h t m em ­ bers vo ted in its fav o u r, th e requisite tw o -lh ird s vote being fifty-six. It increased th e n u m b er o f representatives from 84 to 1 3 0 - 6 5 for each section o f th e Province. T h is a rra n g e m e n t rendered necessary a new d istrib u tio n o f constituencies, w hich w as duly effected by the A ct. All th e m o re im p o rta n t counties were divided for electoral p u rp o ses, and ad d itio n al representation w as assigned to the princi­ pal cities. In th e cases o f th e to w n s o f Brockville. N iag ara and C o rn w a ll, a d jo in in g to w n sh ip s w e re a d d e d to th e m fo r e le cto ra l purposes. T he rep resen tatio n , in a w o rd , w as ad ju sted on a m ore equitable basis, a n d extended so as to be m o re in a cco rd an ce with th e progress w hich h a d been m ad e by th e colony since th e U nion.

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A n o th e r g o o d p u rp o se effected by th e m easure w as th a t it u n q u e s­ tio n a b ly te n d e d to p re v en t u n d u e o r c o r ru p t in flu e n c e being b ro u g h t to bear u p o n m em bers, by reducing th e value a n d im p o r­ tance o f individual votes. T h e A ct w as co n d itio n ed n o t to go into o p e ra tio n until th e e n d o f th e P arliam ent then in being. T he o p p o sitio n to the R epresentation A ct w as chiefly due to the advocates o f th e principle o f rep resen tatio n by p o p u latio n . T he census o f 1852 disclosed the fact th a t U p p e r C a n a d a h a d a p o p u la ­ tion o f m o re th an 60,000 in excess o f th at o f L ow er C a n a d a . It was argued by the U p p e r C a n ad ian O pp o sitio n th a t Parliam entary' rep­ resentation sho u ld be based on p o p u latio n , a n d th a t as U p p e r C a n ­ a d a co n ta in ed m ore people th an th e L ow er section o f th e Province she w as entitled to send a greater n u m b er o f representatives to P arliam ent. But, p rio r to th e U n io n , a n d for nine years thereafter, th e p o p u latio n o f L ow er C a n a d a had been in excess o f th a t o f U p p e r C a n a d a ; yet th e fo rm er section o f th e Province h a d been perm itted to have only an equal re p resen tatio n , a n d a U nion had been forced u p o n L ow er C a n a d a on those term s. A fter subm itting to such a state o f things ever since the U nion h a d been effected, it w as scarcely to be su p p o sed th at th e Low er C a n a d ia n s w ould now willingly sanction th e giving to U p p e r C a n a d a o f a representation greater th an w as conceded to them selves. M r. B row n, by his a d v o ­ cacy o f an unequal representation in favour o f U p p e r C a n a d a , still fu rth er w idened the breach betw een th e L ow er C a n ad ian s a n d h im ­ self. T he last few w eeks o f th e session w ere m ark e d by increased activity on the p a rt o f the Liberal O pp o sitio n in U p p e r C a n a d a . T h is activity w as due to several causes, one o f which w as th e alleged tergiversation o f the G o v e rn m en t on the Clergy Reserves question. T o w a rd s th e end o f M ay new s reached C a n a d a th at on the 9th o f th a t m onth the Im perial C lergy Reserves A ct h a d received the royal assent. By its provisions pow er w as given to th e C a n ad ian Legisla­ ture to vary o r repeal a ll.o r any p a rt o f the A ct o f 1840, a n d to m ake such o th e r provisions for o r concerning th e sale, alienation o r disposal o f th e C lergy Reserves o r th e proceeds th e re o f as to the said L egislature m ight seem m eet. T h e last clause o f th e A ct p ro h ib ­ ited interference w ith th e an n u al stipends o r allow ances w hich had already been assigned to clergym en, du rin g the lives o r incum bencies o f th e persons interested. All restrictions against Provincial legisla­ tion on th e subject h aving th u s been rem oved, it w ould have been q u ite p ra c tic a b le for th e G o v e rn m e n t to in tr o d u c e a n d c a rry th ro u g h a m easure for secularization before th e a d jo u rn m e n t, and M r. B row n a n d o th ers o f his w ay o f th in k in g vehem ently urged such a p roceeding u p o n th em . W hen it w as know n th a t they did not in ten d to deal w ith th e question during th e existing session a suspicion o f their g o o d faith began to be e n te rta in ed , even by m any

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o f their su p p o rte rs. T h e G lobe, a n d such ol th e Provincial p ap ers as reflected the o p in io n s o f th a t jo u rn a l, o f c o u rse m ade th e m ost o f th e situ atio n , a n d th e G o v e rn m en t felt the effect o f their assaults. T h e term s upon w hich M r. H incks had let th e c o n tra c t for building th e G ra n d T ru n k R ailw ay w ere also deno u n ced as e x trav ag an t and prejudicial to th e interests o f th e c o u n try . T he n u m ero u s g ra n ts to sectarian schools and colleges form ed still a n o th e r g ro u n d o f sw eep­ ing d e n u n ciatio n . T h e c o m b in ed effect o f these vario u s onslaughts was undoubtedly to w eaken the M inistry, insom uch th a t on m ore th an o n e occasion they w ere only able to carry their m easures by exceedingly n a rro w m ajorities. A few days b efore the a d jo u rn m en t [on Ju n e 14. 1853] certain events o ccurred w hich the O ppo sitio n con triv ed to tu rn to such account as to still further p rejudice the G o v e rn m en t in public esti­ m atio n . D uring th e sp rin g o f 1853 th e celebrated Italian patriot A lessandro G av azzi, an ex-m onk o f the O rd e r o f St. Paul, visited A m erica. H e h a d even at th a t tim e acquired a m o re th a n E uropean fam e by his exertions in th e cause o f Italian liberty . In E ngland he h a d been hailed w ith the e n th u siasm justly due to one w ho has fought a n d suffered in a righteous cause, a n d his rep u ta tio n as an e lo q u e n t a n d im p a s s :o n e d o r a to r h a d p re c e d e d him a c ro ss th e ocean. D uring a to u r in th e U n ited States he delivered a succession o f pow erful lectures, chiefly devoted to w h at he regarded as the erro rs o f R o m an ism . Early in Ju n e , 1853, he reached Q uebec, and on th e evening o f the 6th. p u rsu a n t to previous a n n o u n ce m e n t, he proceeded to deliver a discourse in the Free C h u rc h , in S t. U rsule S treet, on th e subject o f th e Inquisition. A large audience assem bled to hear him . W hen he had been speaking for so m e w h a t m o re than an h o u r he w as in te rru p ted by violent a n d abusive ex clam ations on th e p art o f a g ang o f law less ruffians w ho h a d distrib u ted th em ­ selves here a n d there a m o n g th e audience, a n d w ho h a d doubtless repaired to th e lecture for th e p u rp o se o f assailing the o ra to r o f the evening. T he in te rru p tio n w as the signal for action o n the p art o f o th e r ruffians outside. A volley o f stones cam e c rash in g th ro u g h the w indow s o f th e ch u rch , a n d im m ediately a fterw ards a crow d o f persons arm ed w ith bludgeons m ade a forcible e n tra n ce into the building. A scene o f wild c onfusion ensued. T h e shrieks o f terrified w o m e n a n d c h ild re n s o u n d e d in all d ire c tio n s . T h e in tru d e rs pressed forw ard in spite o f such resistance as d e co ro u s, law -abiding citizens, h a m p e red by th e presence o f their wives a n d daughters, w ere able to offer, a n d a n u m b e r o f th em reached the pulpit where F a th e r G avazzi aw aited their assault. T hey h a d to deal w ith no craven, but w ith a brave a n d resolute en th u siast w ho h a d m ore than once been com pelled to tak e his life in his h a n d , a n d to fight for it against overw helm ing o d d s. T h e m ob p recipitated them selves up th e pulpit stairs w ith intent to hurl him to th e floor. H e w as a m an

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o f large a n d pow erful build, with th e courage o f a L u th e r a n d the thew s o f a prize-fighter. H e faced his assailants with dauntless front, a n d with eyes flashing like royal jew els. A rm e d w ith a sto o l, he struck right a n d left with lightning-like rap id ity , a n d with such trem en d o u s effect th a t sixteen o f his assailants bit th e dust before him . T h e c o n test, how ever, w as to o u nequal, a n d after m aintaining his position for so m e m inutes he w as th ro w n violently over the ledge o f th e pulpit on to the heads o f those b en eath . R egaining his feet, he fought his w ay to o n e o f th e d o o rs. A division o f the m ilitary providentially arrived on th e scene, a n d so o n all d anger w as over. F a th e r G avazzi escaped w ith a few contu sio n s, but his secretary w as so badly beaten th at for several days fears w ere e n te r­ tained for his life. A fter leaving the church th e m ob sta tio n e d th e m ­ selves in front o f the P arliam ent buildings, a n d ro a re d in stentorian tones for M r. G e o rg e B row n, w hose c h am p io n sh ip o f P ro te sta n t­ ism h a d m ade him an object o f their h a tre d . T h a t gen tlem an h a p ­ pened to be absent from his place in the H ouse on th at evening, a n d did not fall into their clutches. It w as necessary to sum m on ad d itio n al m ilitary assistance before th e m o b w as finally dispersed. T he civil au th o ritie s w ere sham efully rem iss in dealing with the rioters, a n d th e m a tte r w as b ro u g h t before th e A ssem bly by M r. C hristie on the follow ing d ay , w hen an inform al discussion took place on th e subject. O n T h u rsd a y , th e 9 th . a m uch m o re serious affray o ccurred at M o n tre al, in consequence o f the delivery o f a lecture there by F a ­ th e r G avazzi. T he place o f delivery w as Z ion C h u rc h . H ay m ark et S quare. In o rd e r to g u a rd against a recurrence o f a scene sim ilar to th a t w hich had been enacted three nights before at Q uebec, a stro n g body o f police w ere sta tio n e d o p p o site the c h u rch . A n o th e r o c cu ­ pied th e m iddle o f th e sq u a re ; a n d a sm all body o f tro o p s w as kept in readiness n e ar by. W hile th e lecture was in progress there w as an a tte m p t on the p art o f a ban d o f R o m an C ath o lic Irish to force th eir way into th e c h u rch . In this a tte m p t they w ould have succeed­ ed in spite o f th e police but for a n u m b er o f persons in th e a u d i­ ence. w ho sallied fo rth and repelled th e intru d ers. A few m inutes a fte rw a rd s the latter retu rn ed to the assault, a n d w ere again driven b ack . O n e o f them fired a pistol in his retreat, a n d w as im m ediately sh o t dow n by a P ro te stan t. Several o th e r sh o ts follow ed, a n d in the confusion th at ensued th e lecture w as hurriedly b ro u g h t to a close, a n d th e au dience sta rte d for their respective hom es. D uring their progress along th e streets several sh o ts w ere fired at th em , and m any o f them w ere w ounded by sto n es a n d o th e r missiles. T w o w om en w ere struck dow n a n d tram p led alm ost to d e ath . A child o f nine years o f age h a d its a rm bro k en at th e w rist. T h e streets re s o u n d e d w ith th e ro a rs o f m u r d e ro u s , h a lf-d ru n k e n navvies and th e shrieks o f terro r-strick e n w om en. M r. C h arles W ilson, the

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m ay o r o f th e city, for so m e u n acco u n tab le reaso n , o rd e re d the tro o p s, w ho h a d issued from their place o f co n cealm en t, to fire u p o n th e cro w d . T h e o rd e r w as obeyed, a n d five m en fell d ead . F o r a m o m en t it seem ed as th o u g h th e m assacre o f St. B artholom ew w as to be reenacted in th e streets o f M o n tre al; but th e firing by the tro o p s put an e n d to aggression on the p a rt o f the m o b . T h e dead a n d w ounded w ere conveyed to their ho m es. It is im possible even to a p p ro x im ate th e n u m b er o f th e w o u n d ed , but a m o n g them w ere at least a score o f respectable m en, w om en a n d ch ild ren , w hose only offence w as th a t they h a d sa n c tio n ed , by their presence, a lecture by F a th e r G avazzi. S uch an o c c u rre n c e m ig h t w ell c re a te tre m e n d o u s e x c ite m e n t from one end o f C a n a d a to th e o th er. T h e lawless c h ara cte r o f the M ontreal m o b h a d never been m o re signally displayed, even during th e excitem ent c o n seq u en t o n th e Rebellion Losses Bill. A s for the m ay o r, th e m ost c h arita b le su p position is th a t he w as so carried aw ay by the excitem ent o f th e h o u r as to lose his h ead . But he was a R o m an C a th o lic, a n d th e P ro testan t p o p u latio n generally were n o t c h aritab le in ju d g in g o f his m otives. T he U p p e r C a n ad ian O p ­ position press m ad e the c alam ity a g ro u n d o f a tta ck u p o n the G o v e r n m e n t, w h o w ere c h a rg e d w ith c o w a rd ic e a n d h e a rtle s s ­ n ess fo r n o t o rd e rin g a n im m e d ia te a n d se a rc h in g in v e s tig a tio n . M r. H incks a n d th e m ay o r o f M ontreal were b o th p ro m in e n t m em ­ bers o f th e S t. P a tric k ’s Society, and th e form er w as ch arg ed with being u n d e r R o m an C ath o lic influence for political ends. In this w ay even th e G av azzi riots w ere m ade to subserve p a rty purposes. T he G o v e rn m en t p erhaps fairly earned a m easure o f c en su re for not im m ediately settin g o n foot a rigorous investigation, a n d subjecting th e breakers o f th e law to a d e q u a te pun ish m en t. F o r b ringing G a v ­ azzi to C a n a d a they were o f course not responsible, n o r can M r. H incks with any a p p ro ac h to justice be held personally accountable for th e sh o rtco m in g s o f th e m ay o r o f M o n tre al. . . .

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Currents and Counter-Currents . . . A t th e trial o f a case o f P aterson et at. v.v. B ow es, in th e C o u rt o f C h an cery for U p p e r C a n a d a , a t T o ro n to , in S eptem ber, certain facts w ere elicited w hich w ent to show th a t th e Inspector-G eneral [F ra n c is H in c k s )1 w hile h o ld in g o ffice as F irst M in iste r o f th e C ro w n , had jo in e d th e m a y o r o f T o ro n to in th e p u rch ase o f m u n ic­ ipal debentures o f th a t city a t a discount o f tw enty p e r cent. It also ap p eared th a t a Bill h a d afte rw a rd s been passed th ro u g h Parliam ent w hereby the value o f th e deb en tu res h a d been raised to par. A s th u s tersely s ta te d , th e tr a n s a c tio n c e rta in ly h a d a s u s p ic io u s a n d u n ­ pleasant aspect. A little am plification gave it a so m e w h a t less ques­ tionable com plexion. T he facts, briefly stated, w ere as follow . T he city o f T o ro n to h a d agreed to ta k e stock in th e O n ta rio , Sim coe and H u ro n R ailw ay C o m p a n y to the extent o f S200.000. T h e c o m ­ pany h a d m ade a c o n tra c t for th e building o f th e ro a d , and the c o n tra c to r h a d agreed to ta k e th e debentures in paym ent. T h e d e ­ b entures were for sale on th e T o ro n to stock m ark et for m o n th s, the c u rre n t price being a b o u t eighty cents on th e d ollar. M r. Bowes, m ay o r o f T o ro n to , p ro p o se d to M r. H incks to jo in him in buying up the d ebentures. M r. H incks resp o n d ed favourably, a n d the p ro ­ posal w as carried o u t. T he A ct o f P arliam ent a fterw ards obtained w as a m ere m a tte r o f form . It w as u n o p p o se d , a n d was o b tain ed w ith o u t the necessity o f any P arliam en tary influence on th e p a rt o f M r. H incks. T h e object o f p ro c u rin g it w as to en ab le th e city o f T o ro n to to provide a m o d era te sinking fund, a n d to m ak e the debentures payable in L o n d o n . T h e city wished to raise m o re m o n ­ ey for its ow n pu rp o ses, and to exchange new deb en tu res for th e old ones. T h e tran sactio n tu rn e d out to be for the benefit o f th e city, but the C o u rt held th a t M r. Bowes, being th e m ay o r o f th e c o rp o ­

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ra tio n , m ust be held as acting in a quasi-fiduciary capacity, a n d that th e city w as en titled to his sh a re o f the profits. A s for M r. H incks, th ere w as no g ro u n d for institu tin g any legal proceedings against h im , n o r w ere a n y su c h in s titu te d , b u t th e r e w as a very general o pin io n th a t, considering th e position w hich he occupied, it w ould have been b e tte r if he h a d h a d no pecuniary' c onnection w ith the tran sactio n . A n o th e r c h arg e b ro u g h t against the In sp e cto r-G e n e ra l w as the p u rch ase o f certain G o v e rn m en t lands with a view to speculation. Investigation revealed th e fact th at G o v e rn m en t h a d a cq u ired from a defaulting officer a considerable farm n e ar Point Levi, opposite Q uebec. It w as sold by public auction in several lots. O ne o f the lots w as bought by a syndicate o f which M r. H incks w as a m em ber. N o G o v e rn m en t influence w as b ro u g h t to b ear, n o r did any necessi­ ty for such influence arise. T h e b argain finally tu rn ed out an u n ­ pro fitab le o n e - a fact, how ever, which did not in the least affect the propriety o r im propriety o f th e tran sac tio n . M r. H incks, by virtue o f his public office, w as a tru stee for th e Province, a n d had volun­ tarily placed him self in a d u b io u s position. H e was subsequently a cq u itte d by P a rliam en tary C o m m ittees o f any c o rru p t design in respect o f b o th th e a b o v em en tio n ed tran sac tio n s; but in the latter, as in the form er case, there w as a very general feeling o f regret that a C ab in et M inister should n o t have sh u n n e d th e very a p p ea ran c e o f im propriety in such m atters. T hese disclosures furnished a n o th e r so u rce o f u n p o p u larity for th e M inistry o f w hich he w as th e head, a n d a n o th e r basis for a tta c k on th e part o f th e O p p o sitio n , w ho u n d o u b ted ly m ad e a m uch louder o u tcry th a n th e circum stances legitim ately called for. Provincial railw ay projects w ere pushed forw ard d u rin g th e year at a rapid rate. In Ju n e (1853) th e G ra n d T ru n k w as o p en ed to P o rtlan d , an event w hich w as celebrated by a costly b a n q u et at M o n treal. T he G re a t W estern w as o p en ed from Suspension Bridge w estw ard to L o n d o n at th e close o f the year, and w ithin a m onth a fterw ards it w as com pleted th ro u g h to W indsor. T h e O n ta rio . S im co e a n d H u r o n - n o w c a lle d th e N o r t h e r n - w a s c o m p le te d from T o ro n to to B radford in Ju n e , and thence to B arrie in O c to ­ ber. In the L ow er Province th ere was also c onsiderable develop­ m ent in th e sam e direction. T h e break in g o u t o f the C rim ean w ar caused a brisk d e m a n d for grain at high prices, a n d C an ad ian farm ers throve apace. Business o f all kinds c o n tin u ed active, a n d it w as fondly believed by persons ign o ran t o f political e conom y that th e era o f prosperity w ould know no end. [D u rin g th e break b e­ tw een sessions o f parliam en t L ord Elgin a n d H incks successfully n egotiated th e fam o u s R eciprocity T reaty o f 1854. It w as signed on Ju n e 5. 1854 a n d su bsequently ratified by th e S enate o f th e U nited

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S tates on the o n e hand, a n d by th e Im perial a n d Provincial P arlia­ m ents on the o t h e r ] ,. . . [A llow ing a year less a day to elapse betw een sessions. H incks called Parliam ent to meet on Ju n e 13. 1854. T he g overnm ent, which h a d been steadily losing g ro u n d , a tte m p ted to avoid g ra p ­ pling with the issues o f C lergy Reserves a n d Seignorial T en u re. It suffered defeat in the H ouse and decided on a general election.] T he dissolution follow ed im m ediately, and th e elections w ere fixed to com e o ff in July a n d A ugust. All through these hot su m m er m onths the cam paign w as carried on with trem en d o u s vigour. T h e question b efore th e c o u n try w as w h eth er th e G o v e rn m en t possessed the c o n ­ fidence o f the p e o p le .. . . T he full m em bership o f th e A ssem bly, u n d e r th e new R epresen­ tatio n A ct, w as 130. O f these, 121 took their seats a t th e opening [on S eptem ber 5, 1854], Seven only w ere a b se n t: and tw o seats were v a ca n t, ow in g to double returns. T he new A ssem bly w as m ade up o f three distinct parties: M inisterialists, C onservatives, a n d a d ­ vanced R eform ers. T h e M inisterialists, w ho were the m ost n u m er­ o u s o f the three, w ere chiefly com posed o f m o d erate R eform ers from b o th sections o f the Province. T h e C onservatives, w ho ac­ know ledged the leadership o f S ir A llan M a c N ab , for the m ost part represented U p p e r C a n a d ia n constituencies. T he advanced R e fo rm ­ ers w ere m ade up o f U p p er C a n ad ian C lear G rits a n d L ow er C a ­ n adian R ouges. A t th e head o f the form er w as M r. G e o rg e B row n: at th e head o f th e latter. M r. A . A . D o rio n . M r. B row n h a d been b ro u g h t to ally him sell w ith the radical elem ent by th e sheer force o f his o p p o sitio n to th e G o v e rn m e n t; so th at now . w ith o u t having in any m aterial respect m odified his views, he h a d becom e the P arliam entary colleague o f W illiam Lyon M ackenzie, a n d th e a c ­ know ledged leader o f th e C lea r G rits, w hom he h a d lately c o n ­ tem ned a n d reviled. In L ow er C a n a d a there h a d been an evident reaction in favour o f th e R ouges, nineteen o f w h o m now arrayed them selves under M r. D o rio n 's b a n n e r in o p p o sitio n to the G o v ­ e rn m e n t. A m a jo rity o f th em w ere p e rso n s o f g re a t e a rn e stn e ss a n d ability, w ho co u ld not fail to m ake their presence felt in Parlia­ m ent. . . . [T he M inisters alm o st im m ediately lost c o n tro l o f the H ouse to the d isp a rate o p p o sitio n g ro u p s a n d subm itted their resignations to L ord E lg in .] His Excellency accepted the resignations, and th u s, on th e m o rn in g o f F rid a y , the 8th o f S eptem ber. 1854. the H incksM orin M inistry ceased to e x is t.. . .

C hapter 30

The Liberal-Conservative Alliance T h e resignation to o k place, as alread y m en tio n ed , on th e m orning o f F rid a y , th e 8th o f S eptem ber. W h ith er w as th e G o v e rn o r to turn in this em ergency? T h e ex-M inisters still c o m m a n d e d th e vote o f th e m o st n um erous a n d pow erful o f the three parties in th e A ssem ­ bly. A s a c o ro llary , neither o f th e o th e r tw o parties w as stro n g e n ough to sta n d alone. T h e C lea r G rits a n d R o u g es, th o u g h strong in talen t and energy, were possessed o f to o little coherence, and w ere m oreover to o few in n u m b er, to a d m it o f their seriously a t­ tem p tin g , w ith o u t aid from one o f th e o th e r parties, to form an A d m in istra tio n w hich could h o p e to c o m m a n d public confidence. T hey could lo o k for no aid from th e su p p o rte rs o f the ex-M inistry, m ost o f w hom regarded them as deserters from so u n d L iberal p rin ­ ciples, a n d as political a g ita to rs w hom it w as not safe to entrust w ith pow er. T h ey co u ld h o p e for no n e from the C onservatives, who were to o little satisfied with th e result o f their tem p o rary coalition w ith them . . . to w ish to extend o r co n tin u e th a t con n ectio n . T he C onservatives, th o u g h not num erically form idable, a n d tho u g h not w ith o u t internal dissensions o f their ow n, m ight be d epended upon to vote alm ost as o n e m an in a g reat P arliam en tary em ergency. T hey c o u n te d in their ra n k s several gentlem en o f w ide legislative know ledge a n d experience, c onspicuous a m o n g w hom were Sir A l­ lan M a c N a b , Jo h n A . M a c d o n ald a n d W illiam C ayley. Sir Allan w as a P a rliam en tary v e te ran , a n d his advice co u ld not fail to be serviceable at such a crisis. T o him accordingly, as the acknow l­ edged leader o f his party . L o rd Elgin h a d recourse, a n d th e task o f form ing an A d m in istra tio n w as e n tru ste d to his h ands. Sir A llan consulted w ith M r. M acd o n ald a n d o th e r leading c o ad ju to rs, and in th e course o f a few h o u rs a plan w as m atu red w hich w as after­ w ard s successfully carried o u t.

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T h e situ atio n m ay be briefly sum m ed up in this wise. R esponsi­ ble G o v e rn m en t being an ad m itte d principle in o u r c o n stitu tio n , no A d m in istra tio n could hold pow er unless it co u ld c o m m a n d a m a ­ jo rity o f th e votes in the A ssem bly. N o new G o v e rn m en t could h o p e to c o m m a n d such a m ajority unless it co u ld o b ta in th e su p ­ p o rt o f th e old Liberal party in b o th sections o f th e P rovince: th a t is to say, o f th e m o d era te R eform ers w ho h a d su p p o rte d th e policy o f th e H in ck s-M o rin M inistry'. N ow , it w as evident enough th a t there co u ld be no alliance betw een th e C lea r G rits o f U p p er C a n a d a and th e L ow er C a n ad ian Liberals w ho acknow ledged th e leadership o f M r. M o rin . A t th e h e ad o f the C lea r G rits w as M r. B row n, with w hom , for reasons already fully explained, no French C an ad ian o f m o d era te views w ould a t th a t tim e have allied him self. But there w as no insuperable a n ta g o n ism betw een the F rench C a n a d ia n m o d ­ e rates a n d the U p p e r C a n a d ia n C onservatives; no th in g to prevent a ju n ctio n o f th eir P arliam en tary forces. T hey w ere indeed in som e respects th e natu ral allies o f each o th er, a n d h a d for several years past been g rad u ally a ssim ila tin g .. . . T h e active m ind o f M r. Jo h n A . M a cd o n ald was not slow to ta k e in these various phases o f th e situ atio n , a n d it is com m only u n d e rsto o d th at his w as th e h a n d th a t sh ap ed th e c o u rse o f subse­ q u ent negotiations. Since his en try into P arliam ent, ten years b e­ fore, he h a d o u tg ro w n m any o f th e party trad itio n s o f those tim es, a n d his m ind had u ndergone a considerable tran sfo rm a tio n in the direction o f L iberalism . H ere, he perceived, w as an o p p o rtu n ity for rem odelling th e C o nservative p arty upon such a basis as m ight not im p ro b a b ly restore a large m easure o f their ancient prestige, and secure them in pow er for years to com e. S om e o f th e old party lines m ust be a b an d o n e d , a n d a policy m o re in a cc o rd an ce with m odern ideas m ust be a d o p te d . T h e C lergy Reserves, for instance, w as a q uestion on w hich C onservatives h a d from th e first JaTcen an u n ­ c o m p ro m is in g s ta n d in fa v o u r o f th e u ltra p re te n sio n s o f th e C h u rc h o f E ngland. But such an a ttitu d e w as no longer ten ab le by a p arty th at hoped to secure any considerable sh a re o f po p u lar s u p p o r t. T h e g e n e ra l e le c tio n s w h ic h h a d ju s t ta k e n p lac e h a d proved m ost incontestably th a t th e public voice im peratively d e­ m anded secularization. M any C onservative c an d id ate s h a d gone to the polls pledged to v o te for secularization in case th e public o p in ­ ion o f th e Province sho u ld be unequivocally declared in favour o f such a step. Several o th e r questions o f less im p o rtan ce sto o d on a sim ilar footing. N o th in g w as m ore certain th an th a t no stable G o v ­ e rn m en t co u ld be form ed w hich w ould not consent to the im m edi­ ate intro d u ctio n o f a Secularization Bill as a G o v e rn m en t m easure. M r. M acd o n ald a n d a m ajority o f th e m ost distinguished m em bers o f his p arty determ ined to m ake th e best o f th e situ atio n , a n d bow to th e p o p u la r will. T h e ir views h a d doubtless u ndergone m odifica­

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tion in th e co u rse o f the in term in ab le debates on th e C lergy R e­ serves. Sir A llan M a c N a b . how ever, had h ith erto held consistently by th e principles which he h a d alw ays professed, a n d h a d refused to a b an d o n th e cherished con victions o f a lifetim e at th e bidding o f expediency. T h e h o u r h a d now arrived for him to ch o o se betw een becom ing a p arty to secularization a n d a b an d o n in g th e leadership to a younger a n d m o re liberal-m inded m a n . T h a t M r. M acdonald w as th e com ing leader w as alread y sufficiently a p p a re n t, but he was young, and co u ld well a ffo rd to w ait. Sir A llan h a d been identified with U p p e r C a n a d ia n C onservatism from his y o u th . D u rin g his P arliam en tary c are er he h a d struggled in its b e h alf with a zeal which certainly w as not according to know ledge, but w hich as certainly w as sincere. Such a m an co u ld not now be sum m arily “ shelved" o r th ro w n aside; unless, indeed, he should prove to be thoroughly im practicable. T he gallant knight had begun to feel th e infirm ities o f declining years, but he did not feel those infirm ities h a lf so keenly as he felt his ow n w aning influence a n d th e grow ing pow er o f his yo u n g rival. H e well knew th a t if he refused to do w hat w as d e ­ m an d ed o f him his candlestick w ould be rem oved out o f its p la c e a rem oval not to be co n te m p la te d with an equable m ind. A fter m uch deliberation, he proved op en to co nviction, and accepted the responsibilities o f th e p o sitio n . H aving resolved h im self on this p o in t, he h a d no difficulty in accepting all o th e r c o n d itio n s, the m ost m aterial o f w hich involved a n alliance w ith the French C a n a ­ dian m o d erates. H e accordingly lost no tim e in p u ttin g him self into co m m u n icatio n w ith M r. M o rin , a n d su b m ittin g the project o f a coalition betw een th e tw o parties w hich they respectively represent­ ed. M r. M orin, after conferring with som e o f his political friends, re tu rn e d a favourable answ er to the p ro p o sa l; and it w as then agreed th a t th e ex-M inisterialists o f U p p e r C a n a d a sh o u ld be in ­ cluded in th e a rra n g e m e n t. A platfo rm w as laid dow n w hich includ­ ed th e im m ediate secularization o f th e C lergy Reserves a n d the p a ssin g o f a m e a su re re g u la tin g th e S e ig n io ria l T e n u re . M r. H incks’s c o n cu rre n ce w as o b tain e d , a n d he agreed to secure the su p p o rt o f his U p p e r C a n ad ian a d h eren ts upon the u n derstanding th a t he him self sh o u ld have th e privilege o f n am in g tw o m em bers o f the p roposed A d m in istra tio n , by way o f security th a t th e platform agreed u p o n sh o u ld be faithfully carried o u t. T h e gentlem en so nam ed by him w ere Jo h n R oss a n d R obert Spence. T he ex-M inisterialist m em bers, as a b o d y , w ere easily induced to e n te r into the a rra n g e m e n t. Being unab le to c?rry on the G o v e rn m en t w ithout assistance, it w as a m ere q uestion with them as to w hich p a rty they should choose for their allies. T hey upon th e w hole preferred a C onservative alliance to o n e w ith the R adicals who h a d conspired to b re a k u p th e g re a t p a r ty to w hich th ey b e lo n g e d , a n d w h o se

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policy they regarded as alto g eth er to o extrem e for th e c o u n try and the tim es. All n egotiations having been c o m p leted , th e [M a c N a b M orin] G o v e rn m en t w as sw orn into office on the I Ith o f the m o n th . It co n ta in ed six m em bers o f the late M inistry a n d four C o n se rv a tiv e s .. . . T h e coalition th u s form ed is know n to o u r history as th e M acN a b -M o rin G o v e rn m e n t. It w as acquiesced in by nearly the entire C onservative p a rty o f both sections o f th e Province, a n d by an overw helm ing m ajority o f th e ex-M inisterialists. It received th e a p ­ proval o f R o b ert Baldw in, w hose opinions w ere still regarded with respect by the Liberal party generally, a n d w ho sent forth, from his quiet retreat a t S p a d in a, a cordial letter to M r. H incks, in w hich th a t gentlem an w as declared to have acted with ju d g m e n t a n d dis­ cretion, in the interest o f his p a rty a n d his country'. T h e G rits and R ouges felt them selves to have been o u t-m a n o eu v re d , a n d , as m ight have been expected, d e nounced th e “ unholy alliance” as an utter a b a n d o n m e n t o f principle, ow ing to th e w ant o f acco rd betw een the political views o f th e m em bers included in it. In spite o f the stre n ­ uous efforts o f th e O p p o sitio n , how ever, th e new M inisters w ere all successful in se c u rin g re e le c tio n at th e h a n d s o f th e ir re sp ec tiv e co n stitu en ts, a n d th e coalitio n received the su p p o rt o f a large m a­ jo rity o f m em bers from each section o f th e Province. O n e im p o rta n t effect o f th e coalition w as a practical a n n ih ila ­ tion o f th e tw o parties which h a d so long c o n ten d ed for th e c ontrol o f public affairs in C a n a d a . T h e concession o f R esponsible G o v e rn ­ m ent h a d so u n d ed th e d e ath -n o te o f o ld-tim e C o n serv atism , which had ever since been dying from sheer inan itio n . S om e o f the anteU n io n T ories clu n g to old p arty trad itio n s w ith a tenacity which knew no a b atem e n t, but M r. M acd o n ald a n d th e m o re energetic spirits o f the p a rty h a d long perceived th a t a new d e p artu re was necessary, a n d th e crisis o f 1854 afforded th e req u ired o p p o rtu n ity for carrying it into effect. T h e h a rd -a n d -fa st policy o f form er days w as relaxed. It w as recognized th a t G o v e rn m en t w as m ade for the people, a n d not people for th e G o v e rn m en t. T h e old T ories did not su rre n d er w ith o u t pro test, a n d several o f them , including Jo h n Hillyard C a m e ro n . Jo h n W . G a m b le a n d E dm und M urney, refused to acquiesce in th e new d octrines. But with few exceptions m odern ideas o b tain e d th e m astery. M ore liberal lines o f policy w ere a d o p t­ ed. a n d th e party underw ent such a reorganization th at it retained few vestiges o f th e T oryism th a t had been a distinguishing feature o f the G o v e rn m en t w hich, u n d e r varying nam es a n d phases, held the reins o f pow er from th e end o f 1843 till th e fo rm atio n o f th e Liberal A dm in istratio n in M a rch , 1848. T h e rem odelled p arty w hich then sp ra n g into existence has ever since been know n as L ib e ral-C o n ­ servative. It form ed th e m ain strength o f th e coalition A d m in istra ­ tion o f 1854, a n d for nineteen years thereafter it enjoyed an alm ost

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u n in te rru p ted lease o f pow er. By degrees it a b so rb ed th e m ore C onservative elem ent in th e old Liberal p arty which h a d acknow l­ edged th e leadership o f M essieurs Baldw in a n d L afo n tain e. T he rem ain d er o f them w ere ab so rb ed by th e O p p o sitio n , a n d th e Baldw in -L afo n tain e R eform ers, as a se p arate party , practically ceased to exist. T h e a d o p tio n by th e L iberal-C onservatives o f th e Seculariza­ tion a n d Seigniorial T e n u re m easures left th e old R eform ers w ith ­ o u t any substantial excuse for a se p a ra te a n d distinct existence. A n o th e r result o f th e c o m b in a tio n w as th e virtual extinction o f the British p arty in L ow er C a n a d a as a se p a ra te political body. Ever since th e U n io n th a t party h a d acted in unison w ith th e U p p er C a n a d ia n C onservatives. T h ey now readily gave in th eir adhesion to th e a rran g em en ts o f th e coalition M inistry, and for th e future v o ted with th e F rench C a n ad ian m ajority. It w as no sm all th in g th a t h a d been accom plished u n d e r the auspices o f M r. M a c d o n ald a n d his confreres. Som e idea o f its direct results m ay be derived from th e sim ple sta te m en t th a t w here­ as th ree -fo u rth s o f the U p p e r C a n ad ian m em bers h a d been re­ tu rn e d in th e R eform interest, they now fo u n d them selves su p p o rt­ ing a G o v e rn m en t w hich h a d really been b ro u g h t a b o u t by their political o p p o n e n ts. A n d in th e event o f th e G o v e rn m en t prom ptly proceeding to redeem their p le d g e s-p le d g e s w hich included the w hole o f th e ex-M inisterial p r o g r a m m e - th e r e w ould be no excuse for w ithdraw ing a su p p o rt w hich h a d been v oluntarily acco rd ed . As for th e Low er C an ad ian L iberals, m ost o f th em felt m uch m ore at h om e w ith th eir new allies th an they h a d ever d o n e w ith their fo rm er ones. A n alliance betw een th e U p p e r C a n ad ian C o n se rv a ­ tives a n d the L ow er C a n ad ian Liberals h a d indeed lo n g been fore­ seen, a n d w ould doubtless have taken place years b efore this tim e h a d it not been for the stro n g personal b o n d o f union betw een M r. B aldw in a n d M r. L afo n tain e. A n d th u s it c am e a b o u t th a t the coalition G o v e rn m e n t fo u n d them selves stro n g in th e su p p o rt o f a b o u t tw o-thirds o f the entire representation. T h e v a rious clauses o f th e A ddress in R eply w ere carried by large m ajorities. T h e legislative business w as then p roceeded with. A tto rn ey -G e n e ral D ru m m o n d in tro d u ced a n d carried th ro u g h a Bill giving effect, on beh alf o f C a n a d a , to th e R eciprocity T reaty w ith th e U nited States. Sim ilar m easures were so o n a fterw ards pass­ ed by th e L egislatures o f th e M aritim e Provinces, a n d th e treaty having also received the ap p ro v al o f th e British P arliam ent a n d the A m erican C ongress, it cam e into effect in M arch , 1855. T h e o th er tw o great m easures o f th e session were th e Secularization a n d Seig­ niorial T e n u re Bills. T he form er w as in tro d u c ed into th e A ssem bly by A tto rn ey -G e n e ral M a c d o n ald on the 17th o f O c to b er. It was not precisely such a m easure in all its d etails as th e U p p e r C an ad ian O pp o sitio n w ould have fram ed. It w as, how ever, a wise a n d states­

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m anlike piece o f legislation, w hich finally set th e long-pending dis­ p u te at rest, a n d at th e sam e tim e paid due respect to vested in ter­ ests. It will be rem em bered th a t th e Im perial A ct o f 1840 a u th o r­ ized a sale o f th e R eserves, a n d a d istribution o f the proceeds a m o n g th e various religious bodies in unequal p ro p o rtio n s. T he P ro v in c ia l m e a su re n o w p a sse d a b o lish e d all d is tin c tio n s betw een those bodies by depriving them all a li k e - t h e C h u rc h o f E ngland as well as th e r e s t - o f any p articipation in th e fund. It w as enacted th a t th e proceeds arising from all sales sh o u ld be paid into the h an d s o f the R eceiver-G eneral, by w hom , a fter th e deduction o f expenses, they w ere to be a p p o rtio n e d equally a m o n g the several county a n d city m unicipalities, in p ro p o rtio n to p o p u latio n . T he a m o u n t so a p p o rtio n e d w as in each case to b e paid o v er to th e treasu rer, cham berlain o r o th e r officer having th e legal custody o f the m unicipal funds, to form p art o f th e general funds o f th e m u n ic­ ipality, a n d to be applicable to o rd in ary m unicipal purposes. T he a n n u al stipends o r allow ances w hich had been charged upon the Reserves before th e passing (in 1853) o f th e last Im perial A ct on th e subject w ere trea te d as vested interests w hich th e faith o f the C ro w n w as p led g e d to s u p p o r t, a n d p ro v isio n w as a c c o rd in g ly m ade for their c o n tin u ed paym ent du rin g th e lives o f existing in ­ c u m b en ts. T he Provincial G o v e rn m en t w ere a u th o rize d to c o m ­ m ute such stipends, with th e consent o f th e parties interested, for their value in m oney. T h e a u th o rity w as acted u p o n ; and th u s was laid th e foun d atio n for a sm all p e rm a n en t endow m ent - an a rra n g e ­ m ent w hich roused th e ire o f th e O p p o sitio n , but a gainst w hich they c o n ten d ed in vain. S uch, in brief, w as the p u rp o rt o f the Clergy Reserves Secularization A ct o f 1854, w hich rem oved o n e o f the greatest abuses to w hich th e Province h a d ever been subjected. T h e A ct respecting th e Seigniorial T en u re w as passed through its vario u s stages alm ost p a ri passu with th a t respecting th e Clergy Reserves. It u nderw ent m any a n d im p o rta n t a m en d m en ts in the Legislative C ouncil, w hich a m en d m en ts were accepted by th e A s­ sem bly, so th at th e m easure, as finally passed, b o re little resem ­ b lan c e to th e Bill as o rig in a lly in tro d u c e d by A tto rn e y -G e n e ra l D ru m m o n d . W hile abolishing all feudal rights a n d duties in Low er C a n a d a , "w h eth er bearing upon th e censitaire o r th e se ig n io r," it secured c o m p e n sa tio n to the latter for the vested rights w hich he h a d a cq u ired by lapse o f tim e. T h e G o v e rn o r w as a uthorized to a p p o in t com m issioners to enquire into th e respective rights o f the C ro w n a n d the seigniors in the vario u s seigniories, a n d to fix the respective values. A trib u n a l w as p rovided for th e determ in atio n o f all questio n s arising o u t o f th e e n q u iry ; a n d a c o m m u ta tio n fund w as set a p a rt for th e indem nification o f th e despoiled se ig n io rs .. . .

C hapter 31

Sir Edmund Head Sir E d m u n d W alk er H ead, [w ho succeeded Elgin as G o v e rn o r on D ecem ber 19, 1854], w as a kinsm an o f Sir F rancis B ond H ead, w hose disastrous ad m in istratio n o f U p p e r C a n ad ian affairs nearly tw enty years before this tim e h a d do n e m uch to p ro v o k e th e rebel­ lion which b ro k e o u t in th a t Province to w ard s th e close o f 1837. Sir E d m u n d and Sir F rancis w ere descended from a c o m m o n stock: b u t there I d o u b t all likeness e n d s b etw een th e p air.

Sir F rancis w as a shallow , im pulsive, superficial m an , w ho never m ad e a study o f politics in their widest sense, and w hose m ental to n e unfitted him for im p o rta n t public responsibility. Sir E dm und w as a .s c h o la r and a th in k e r, w ho had h a d th e a d v an tag e o f a careful intellectual train in g , a n d had devoted m uch tim e to the study o f politics as a sc ie n c e .. . . S o far as th e internal affairs o f th e Province w ere co n cern ed , the su m m er a n d a u tu m n o f 1855 passed uneventfully aw ay. T h e only public questions which p ro d u c ed any agitation were th o se respect­ ing the Seat o f G o v e rn m e n t a n d th e elective Legislative C ouncil, a n d even those w ere a tte n d ed w ith very little excitem ent. T h ere w as e xuberan t rejoicing over the fall o f S ebastopol in S eptem ber, and th e progress o f th e E astern conflict to its close w as w atched in C a n a d a w ith an a b so rb in g interest. T he era o f prosperity con tinued. T h ere was a perceptible tightening in th e m oney m ark e t in c o n seq u ­ ence o f th e C rim ean w ar, a n d the tim b er trad e o f th e Province was still in a very depressed c o n d itio n : but th e season’s h arv est had been a b u n d a n t, a n d th e high price o f grain a n d provisions rendered the y e ar o n e o f signal prosperity for th e thrifty farm ers o f U p p er C a n a ­

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d a . A m o n g th e p ro m in en t railw ay developm ents o f 1855 m ay be m entioned th e o p e n in g o f th e G ra n d T ru n k from M ontreal to B rockville, o f th e G re a t W estern from T o ro n to to H a m ilto n , and o f th e extension o f th e N o rth e rn to C ollingw ood. F o u r sessions o f P arliam ent having by this lim e been held at Q uebec, the G o v e rn m en t offices w ere rem oved to T o ro n to during the m onth o f O c to b er, a n d th e G o v e rn o r-G e n era l to o k up his residence there early in N o v em b er. T o w a rd s th e close o f th e year there w ere ru m o u rs o f internal dissensions in th e C a b in e t, but the advent o f 1856 fo u n d th at body intact, a n d to all a p p ea ran c e strong in th e enjoym ent o f public confidence. A b o u t this lim e th e agitation on w h at soon after cam e to be know n as th e S e p a rate School question began to m ak e itself distinctly heard. T he O pp o sitio n dis­ ap p ro v ed o f having se p a ra te schools provided o u t o f th e public chest for the children o f R o m an C atholics a n d P ro te stan ts; and indeed disap p ro v ed ol theological teaching in secular schools a lto ­ g e th e r. T h e R o m a n C a th o lic p o p u la tio n believed th a t th e o lo g y ought to form an essential p art o f e ducational train in g , a n d , o f co u rse, th e only theology they desired to have tau g h t to their off­ sp rin g w as th at inculcated by th eir ow n p riesth o o d . T h e G o v e rn ­ m ent party , w hich w as largely dependent upon th e L ow er C a n ad a R o m an C atholic vote, w ere obliged to pay som e deference to the m o re restricted view. T hey defended th e principle th a t a m an w ho conscientiously believes th at religion and ed u catio n should go han d in h a n d is entitled to have his convictions respected, a n d even, to som e extent, to have them su p p o rte d o u t o f th o se public funds w h e reo f he c o n trib u tes his sh a re . T he cry o f the O p p o sitio n gained stren g th with tim e, a n d , jo in tly with th a t o f R epresentatio n by P o p u latio n , w as destined to becom e an im p o rta n t factor in the elections. W hen th e second session o f th e Fifth P arliam ent w as o p en ed at T o ro n to , o n th e 15th o f F e b ru a ry , 1856, th e country' generally w as in a sta te o f p ro fo u n d political calm . All th e old vexed questions h a d been disposed of, a n d th e new ones h a d not as yet g athered su ffic ie n t fo rce to c re a te w id e sp re a d d is tu rb a n c e in th e pu b lic m in d .. . . In th e course o f th e d eb ate a n ex tra o rd in a ry passage o f arm s cam e o ff betw een A tto rn ey -G e n e ral M acd o n ald a n d M r. Brow n. T he la tte r w as th e m ost vehem ent, a n d in som e respects the m ost effective sp eak er in th e A ssem bly. W hile by no m eans graceful in his b earing o r elo q u en t in his d iction, he sp o k e w ith such an a ir o f deep a n d earnest conviction th a t, on any q uestion in w hich he was greatly interested, it w as im possible to listen to him unm o v ed . His to rren ts o f invective a n d o b ju rg atio n were at tim es overw helm ing. O n th e night o f T u esd ay , the 26th o f F e b ru a ry , while the d e b ate on

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th e A d d re ss w as still in p ro g re s s, h e w as ta u n te d w ith h a v in g changed his political views since the last general election, w hen he h a d , b o th personally a n d in his n ew spaper, vigorously su p p o rted persons w hom he now assailed. T h e reference w as specially to th e elections o f Sir A llan M a c N a b , Jo h n A . M a c d o n ald a n d M r. C a y ­ ley, all o f w hom h a d received th e G lobe's su p p o rt in o p p o sitio n to candidates favourable to M r. H incks’s policy. It m ust be ad m itte d th a t M r. B row n’s c o u rse in this respect h a d n o t been m ark e d by th a t perfect consistency on w hich he w as w o n t to pique him self: a lth o u g h , on th e o th e r h a n d , it w as legitim ately o pen to him to arg u e th a t his ch an g e o f base h a d been p ro d u ced by th e altered political relations o f M essieurs M a c N a b , M acd o n ald a n d C ayley, w ho h a d coalesced w ith persons w hose policy they h a d previously d en o u n ced . But inconsistency w as o f all charges th e m o st in to le ra ­ ble to th e m ind o f M r. B row n, a n d u p o n being tak e n to task on th a t score by som e o f th e sp eak ers on the m inisterial side his indig­ natio n knew no b o u n d s. H e h a d n o t been speaking five m inutes ere he h a d succeeded in lashing h im self into a w hite h eat. H e indulged in a trem en d o u s o n sla u g h t on w hat he ch aracterized as th e kalei­ doscopic politics o f som e o f th e m em bers o f th e G o v e rn m e n t; and he specially instan ced the case o f th e A tto rn ey -G e n e ral W est and th e P o stm a ster-G en e ral. A n g er begets a n g er; a n d M r. M acd o n ald , stu n g by th e cuttin g w ords as they p o u re d hot from th e sp e a k er's lips, w as roused to a c o n d itio n o f tem p er w hich im pelled him to forget th e pleasant u rb a n ity w hich generally m ark e d his d e m e an o u r, alike to friends a n d foes. W hen he rose to reply to M r. Brow n it w as e v id e n t th a t h e w as la b o u r in g u n d e r w ild e x c ite m e n t. He launched forth into a tira d e w hich electrified th e H o u se, a n d caused even th e least sc ru p u lo u s o f P arliam en tary sh a rp sh o o te rs to stand a g h a s t. H e a c c u se d th e m e m b e r fo r L a m b to n o f h a v in g falsified testim ony, su b o rn e d convict w itnesses, a n d o b tain e d th e p a rd o n o f m u rd erers in o rd e r to induce them to give false evidence. T hese grave delinquencies w ere alleged' to have been co m m itte d by M r. B row n while acting as S ecretary to a C om m ission a p p o in ted in 1848 to investigate certain alleged abuses in c o n n ectio n w ith the Provincial Penitentiary' at K in g sto n . Such foul charges h a d never before been laid against any m em b er on th e floor o f a C an ad ian P arliam en t, a n d th e asto n ish ed legislators gazed in o n e a n o th e r’s faces in a sta te o f m ingled bew ilderm ent a n d incredulity. W hen M r. M a c d o n ald to o k his seat M r. B row n once m o re arose, trem ulous with excitem ent, to repel th e accusations m ade against him . N o one w ho knew th e m em b er for L am b to n w ould have expected him , u n d e r such circum stances, to carefully ch o o se his w o rd s: a n d in good so o th he sp o k e in lan g u ag e akin to th a t em ployed by Faulco n b rid g e to th e D a u p h in o f F ran ce. H e w as frequently in terru p ted by M r. M a c d o n ald , w hose im passioned a n d spasm odic utterances

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seem ed to have been culled from th e A th a n a sia n C reed. L ike R o ­ lan d a n d Sir Leoline, E a c h s p a k e w o rd s o f high d isd ain .

T h e excitem ent becam e general, a n d rose to fever h e at. T he very atm o sp h e re o f ih e A ssem bly seem ed to be charged with electricity, an d th e S p eak er tw ice called the offenders to o rd e r. Suddenly each o f th e P arliam en tary g lad ia to rs seem ed to realize th e position in w hich he sto o d , a n d th e sto rm subsided as quickly as it h a d arisen. M r. Brow n alm ost im m ediately a fterw ards concluded his rem arks, which he w as p erm itted to do w ithout fu rth e r in te rru p tio n . He co n te n ted h im self with declaring th at th e charges had not a vestige o f tru th in th e m ; th a t he h a d tak e n dow n th e A tto rn ey -G e n e raf's w o rd s; a n d th at he w ould hold him responsible for th e m . H e also a n n o u n ce d th a t he w ould on th e follow ing day m ove fo r a C o m m it­ tee o f In q u iry . T h e n he re su m e d his s e a t . 'i t w as felt th a t calm deliberation w as for th e nonce o u t o f the q u estio n , a n d the H ouse bro k e up for th e day. U ntil the m eeting o f th e H ouse on th e follow ing afte rn o o n , noth in g w as talk ed o f but th e e x tra o rd in a ry ebullition o f th e night before. M r. B row n, a ccording to his an n o u n ce m e n t, m oved for a C o m m itte e , a n d th e d eb ate on th e m otion occupied th e greater part o f th e sitting. T h e A tto rn e y -G e n e ra l, in th e co u rse o f th e discus­ sion, ad m itte d th at he had sp o k e n u n d e r g reat excitem ent, a n d th at he had no personal know ledge as to th e tru th o r falsity o f the charges he had m ad e. H e ju stified his a tta c k , how ever, upon the g ro u n d th a t his feelings had been grievously w ounded by th e as­ saults m ade u p o n him by M r. B row n, and th at his in fo rm a tio n as to th a t g e n tle m a n ’s co n d u ct as a m em ber o f th e Penitentiary C o m ­ m ission h a d been derived from sources w hich he w as com pelled to regard as tru stw o rth y . T he C o m m itte e w as g ra n te d , a n d sat at intervals th ro u g h o u t th e g re ater p a rt o f th e session. T h e seven g e n ­ tlem en co m p o sin g it w ere u nable to com e to a u n an im o u s decision, an d finally h an d ed in tw o se p a ra te reports. T h a t o f th e m ajority was a n o n -c o m m ittal d o cu m en t w hich could not have been very satisfacto ry to either o f the persons chiefly co n cern ed . It did not find M r. Brow n guilty o f any o f the offences with which he had been ch arg ed , but on th e o th e r han d it did not ex o n era te him . W ith respect to the c h arg e o f falsifying evidence, it w as fo u n d that the Penitentiary C om m issioners, w hen com piling their re p o rt from the m ass ol evidence tak e n , had om itted certain passages favourable to th e defence, and th a t, to such a n extent, there h a d been falsification. T his, how ever, w hich m ight fairly be a ttrib u te d to an e rro r o f ju d g ­ m ent, w as th e act o f th e C o m m issio n ers as a w hole, a n d not o f M r. B row n only. T h e c h arg e o f having su b o rn e d w itnesses w as wholly

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un su stain ed by th e evidence, a n d th a t o f h aving p ro c u re d th e p a r­ d o n o f m u rd erers w as a tte m p ted to be sustained by such testim ony as did not call for any serious a ttem p t at re b u ttal. T h e m inority re p o rt e m b o d ied a to tal e xculpation o f M r. B row n. The presen ta­ tion o f th e tw o re p o rts to th e A ssem bly gave rise to pro tracted d eb ates, a n d P arliam en t w as p ro ro g u ed w ith o u t any decisive action h aving been tak e n in the m atter. Its co n sid eratio n w as never re­ su m ed . T he personal hostility engendered at this tim e betw een M r. M a c d o n ald a n d M r. Brow n w as never entirely allayed. . . . But qu arrels betw een political foes w ere not th e only disturbing elem ents th a t o ccu rre d to in te rru p t th e h a rm o n y o f th e L egislature d u rin g this sto rm y session. It so o n becam e a p p a re n t lh a t there was no t perfect unan im ity betw een th e m em bers o f th e C ab in et, and th a t th e ante-sessional ru m o u rs as to internal tro u b les h a d not been w ith o u t fo u n d a tio n . T h e tru th o f th e m atter w as th at th e LiberalC onservative p a rty , m ore especially th a t p o rtio n w hich h a d once o w ned allegiance to M r. H incks, w ere dissatisfied w ith th e leader­ sh ip o f Sir A llan M a c N a b , a n d desired to see a younger and m ore energetic m an installed in his place. T h ere could be no difference of o p in io n as to w ho th e successor sho u ld be. M r. M a c d o n ald w as the ablest P arliam en tarian in th e L iberal-C onservative ra n k s, a n d was lo o k ed up to as their leading spirit. As for Sir A llan, he had never possessed abilities o f a high o rd e r, a n d h a d only been p erm itted to retain th e leadership up to this tim e in consequence o f his seniority, and his long a n d u n q u e stio n a b le fidelity to his p a rty . M oreover, infirm ities begotten o f old age a n d a too generous diet h a d o f late given u n m istak ab le evidences o f their presence. H e suffered from excruciating a tta ck s o f g o u t, a n d w as som etim es com pelled to be a b se n t from his place in th e A ssem bly a n d in th e E xecutive C o u n ­ cil. D uring th e progress o f th e session his absences b ecam e so fre­ q u e n t as to prove a source o f em b arrassm en t to th e M inistry o f w hich he was th e h ead . T o w a rd s th e end o f M arch a c au c u s o f the m ore advanced M inisterialists w as accordingly held, a n d it was resolved th a t M r. M a c d o n ald should be leader. T his step, it w as believed, w ould induce Sir A lla n 's im m ediate resignation: but it erelong ap p ea red th a t th e belief w as to o sanguine for th e facts. l or a tim e, indeed, it seem ed th a t th e cabal h a d accom plished nothing b e yond a serious breach in th eir p arty. Sir A llan w as highly indig­ n a n t at th e m eans w hich h a d been resorted to to u n d e rm in e him . a n d deno u n ced M r. M a c d o n ald in term s w hich m ust in all charity be at least in p a rt a ttrib u te d to th e grievous m alady w ith which he w as a f flic te d - a m alady w hich is a severe tax even u p o n the m ost e q u ab le tem per. H e felt stro n g in his position as Prem ier, and refused to resign at the bid d in g o f a n y b o d y . H e well knew th a t a Prem ier is liable to dism issal at th e hands o f th e G o v e rn o r alone, a n d th at his follow ers h a d no direct m eans o f unseating him . Such

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o f his colleagues as w ere hostile to him m ight resign office, a n d thus bring on a m inisterial crisis; but he w ould then be left free to reconstruct his C a b in e t, a n d m ight possibly succeed in doing so w ith o u t their aid . In th a t case they w ould have sim ply tu rn ed th e m ­ selves o u t o f office, for it m ight safely be tak e n for g ran ted th a t Sir A llan w ould not reinstate any o n e o f them . T he cab a l, how ever, pro v ed too m uch for th e v aletudinarian k night. All th e m inisterial press, with the exception o f th e H am ilton S p e c ta to r and th e T o ro n to C o lo n ist, opened fire upon him . H e was in fo rm ed , in no m ealy -m o u th ed phrases, th at his services as leader o f his p a rty w ere no longer either necessary o r desirable. W hen he perceived th at his day w as over, he tried to c o m p ro m ise m atters by having his friend, M r. Jo h n H illyard C a m e ro n , installed in the leadership, instead o f M r. M a c d o n ald . M r. C am ero n w as very willing to have greatness th ru st u p o n him . a n d seconded the efforts o f his leader. W hile these m ac h in atio n s w ere in progress the m inis­ terial p arty w ere m uch disorganized, and w ere in so o th in a critical p o sitio n , as the O ppo sitio n failed not to ta k e ad v an tag e o f every tu rn o f th e P arliam en tary wheel in their favour, and th u n d ered aw ay night after night at the T reasu ry benches with ceaseless im p o r­ tunity. S uddenly, a n d not w ith o u t surprise, th e G o v e rn m en t found them selves defeated on a public question o f som e im p o rtan ce, aris­ ing o u t o f w hat w as know n as th e C orrigan m u rd er. O n th e 17th o f O c to b er, 1855, a P rotestant nam ed R o b ert C o rrig an h a d been m u r­ dered by a crow d o f ruffians assem bled at a cattle fair, in the parish o f St. Sylvestre. in the c o u n ty o f L otbiniere, L ow er C a n a d a . In the follow ing F e b ru a ry R ichard Kelly a n d six o th e r Irish R o m an C a th ­ olics w ere placed on trial for the m u rd er. T h e trial to o k place in the C o u rt ol Q ueen s Bench, at Q uebec. T he ju ry w as entirely c o m ­ posed o f R o m an C atholics, a n d Ju d g e D uval, w ho presided, w as o f th e sam e faith. T h e trial lasted som e days, a n d a m ass o f evidence w as tak en . T h ere co u ld not well have been a clearer case, a n d there surely c o u ld h a v e been no d o u b t in th e m ind o f any o n e w'ho heard th e evidence as to the guilt o f th e prisoners. T he m u rd er w as a tte n d ­ ed by circum stances o f the m o st revolting bru tality , a n d one can n o t read th e rep o rt o f th e trial, even at this d istance o f tim e, w ithout h o rro r a n d disgust. Y et, in defiance o f th e plainest evidence, the ju ry re tu rn e d a verdict ol " N o t G u ilty ,” a n d th e prisoners were a cq u itte d . Such a m iscarriage o f ju stice m ight well create a sensa­ tio n . T h ro u g h o u t W estern C a n a d a th e o utcry w as lo u d and deep. It w as said th a t th ere w as no law for th e P ro testan ts o f th e Low er Province, and th a t their lives w ere at the m ercy o f their R om an C ath o lic fellow -subjects. T he press, headed by th e G lobe, to o k the m a tte r up with trem en d o u s fervour, cla m o u rin g for th e form ation o f a new p a rty to g u a rd the interests o f P ro testan ts, a n d to oppose R om ish d o m in a tio n . T h e excitem ent pen etrated to all classes o f

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society, and th e public m in d h a d not been so stirred since the debates on th e R ebellion Losses Bill. O n th e night o f F rid a y , the 7th o f M arch , M r. Jo h n H illyard C a m e ro n b ro u g h t th e m atter before th e A ssem bly by m oving for an address to th e G o v e rn o r for th e p ro d u c tio n o f a copy o f Ju d g e D u v al’s charge, w hich, as M r. C a m e ro n alleged, “ co n ta in ed sta te m en ts w hich could h ardly have been m ad e by any m an w ho h a d an y th in g like a fair acquaintance w ith th e m an n e r in w hich th e crim inal law o u g h t to be ad m in is­ tere d .” Such a very positive expression as this, e m a n atin g from a gentlem an w ho w as p e rh ap s th e ablest crim inal layer ever know n to th e C a n ad ian b a r, p ro d u c ed a decided effect u p o n th e H ouse. T he M inistry found them selves on th e h o rn s o f an un p leasan t dilem m a. T h e L ow er C a n a d ia n m em bers to w hom they looked for su p p o rt w ere op p o sed to any reflection on Ju d g e D u v al’s w isdom a n d integ­ rity. T h e U p p e r C a n ad ian s, C onservatives as well as R eform ers, w ere alm ost to a m an in fav o u r o f M r. C a m e ro n ’s m o tio n . T he M inistry, after deliberation, refused to san ctio n th e proceeding, and to o k th e g ro u n d th a t to o rd e r th e p ro d u c tio n o f Ju d g e D u v al’s charge w ould be to infringe upon th e independence o f th e judiciary. T h e m otion c am e u p on th e night o f th e 1 0 th - th r e e days after its first in tro d u c tio n - a n d after being fully d e b a te d on b o th sides, was carried against th e M inistry by a vote o f 48 to 44. All th e U p p er C a n a d ia n m inisterialists vo ted for th e m o tio n , w ith th e exception o f D r. C lark e , m em b er for N o rth W ellington, a n d M r. Ja m es Ross, m em ber for E ast N o rth u m b e rla n d . T his w as a n u n m ista k a b le de­ feat. A tto rn ey -G e n e ral D ru m m o n d hurriedly m oved an a d jo u rn ­ m en t o f th e H ouse. N ex t day, a fte r th e tran sac tio n o f so m e ro u tin e business, M r. D ru m m o n d , o n b e h alf o f th e G o v e rn m en t, asked for a further a d jo u rn m en t for tw o days, in o rd e r th a t M inisters m ight have tim e to deliberate u p o n w h at w as to be do n e u n d e r th e circum stances. H e a n n o u n ce d th a t th e address involved in M r. C a m e ro n ’s m otion h a d not been presented to his Excellency, a n d gave notice th a t he w ould m ove to rescind it. T h e interval b efore th e next m eeting o f th e H ouse w as em ployed by th e G o v e rn m en t in m arshalling their forces, a n d in bringing into line such recalcitrant m em bers as were accessible to m inisterial influence. In spite o f all th a t c o u ld be done, how ever, it w as b ro u g h t h o m e to th e G o v e rn m en t th a t on the m o tio n to rescind they w o u ld inevitably be beaten . It w as therefore arra n g e d th a t they sh o u ld agree to present th e address to his Excel­ lency, a n d th a t a friendly m em b er sho u ld m ove a vote o f confidence in th e M inistry. T h is plan w as carried o u t, a n d it w as m ad e a p p a r­ e n t th a t th e G o v e rn m en t w ere su p p o rte d by a m ajo rity ; w hereupon M r. D ru m m o n d a n n o u n ce d th a t u n d e r th e circum stances they did n o t feel called u p o n to resign. T h is end ed th e crisis for th e tim e. T h e address w as duly presented to th e G o v e rn o r, w h o , by the

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advice o f his M inisters, resp o n d ed in a m essage to th e effect th at Ju d g e D u v al’s ch arg e w as n o t in his possession; th a t it could n o t be a ssu m e d to e x is t; th a t even if it d id e x ist th e G o v e r n o r h a d n o t p o w er to enforce its p ro d u c tio n ; a n d th at to call a ju d g e to account in th e m an n e r indicated w ould be “ at least a n evasion” o f th e spirit o f th e A c t to secure th e independence o f th e Judges o f L ow er C a n a d a . But th e position o f th e M inistry w as far from satisfactory, a n d som e c h an g e w as im perative. T hey never entirely recovered from th e effects o f th e hostile vote on the C o rrig an m a t t e r .. . . Sir A llan c o n tin u e d to be laid u p with g o u t, a n d th e m inisterial cabal from tim e to tim e renew ed its o p e ratio n s against him . But he still felt strongly en tre n ch e d , a n d sto o d upon his rights. H e could n o t be su m m arily tu rn e d ad rift. Evidently th e only m eans o f dispos­ ing o f him w as to com pel his resignation, a n d th e prospect o f accom plishing this feat w as n o t hopeful. B ut th e fates w ere p ro p i­ tio u s to his foes. R eference has been m ade to th e S eat o f G o v e rn ­ m ent question. T h e p e ram b u la tin g system h a d n o t been fo u n d sa tis­ factory. It w as a tte n d ed with m uch expense a n d inconvenience, a n d w o u ld s o o n e r o r la te r h a v e to b e re lin q u ish e d in fa v o u r o f a p e rm a n en t capital. O n th e 14th o f A pril M r. Jo h n S andfield M ac­ d o n a ld b ro u g h t th e m a tte r before th e A ssem bly in th e form o f a m o tio n in fav o u r o f disco n tin u in g th e a ltern ate system . T h e m otion w as c arried , a n d on th e 16th, after a long a n d heated discussion, the H ouse resolved, by a vote o f 64 to 56, th a t after th e y e ar 1859 Q uebec sho u ld be th e p e rm a n en t capital o f C a n a d a . O f course, nearly all th e U p p e r C a n a d ia n m em bers w ere dissatisfied w ith this arra n g e m e n t. A s events tu rn e d o u t, how ever, th e decision afforded th e m inisterial cabal th e desired o p p o rtu n ity for displacing their chief. O n th e 14th o f M ay, w hen certain su p p le m e n tary estim ates for th e y e ar h a d been b ro u g h t dow n a n d placed before th e A ssem ­ bly, it ap p ea red th a t th ere w as a n item o f £ 5 0 ,0 0 0 for th e erection o f public buildings at Q uebec. M r. B row n m oved th a t it w as inex­ pedient to vote this sum for th e p u rp o se specified. H is m otion w as objected to in po in t o f form , a n d th e objection w as sustained by the S peaker. Several o th e r m o tio n s to a sim ilar p u rp o rt sh ared the sam e fate. T he M inistry, how ever, suggested th a t th e O pposition m ight, if so disposed, bring th e question before th e H o u se by a d irect v o te o f w an t o f confidence. T h e suggestion w as p rom ptly acted u p o n by M r. P ap in , m em b er for L’A sso m p tio n . W hen th a t g e n tle m a n ’s m otion cam e u p , on th e follow ing d ay , M r. H olton, with M r P a p in ’s c o n se n t, m oved an a m e n d m en t to th e sam e effect, but so m e w h a t m o re c om prehensive in its term s. T h e discussion on this a m e n d m en t, w hich began on th e 15th o f th e m o n th , lasted till late o n th e night o f T u esd ay , th e 20th, w hen, a fter a c o n tin u o u s sitting o f thirty -tw o h o u rs, th e a m e n d m en t w as defeated by a vote o f 70 to 47. But on analyzing th e votes it w as found th a t there were

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no fewer th an th irty -th ree U p p e r C a n ad ian s a m o n g th e m inority, w hereas only tw enty-seven from th a t section o f th e Province had voted w ith th e G o v e rn m en t. T h e O p p o sitio n , th en , h a d defeated the G o v e rn m en t by an U p p e r C an ad ian m ajority o f six: a n d only five U p p e r C a n ad ian m em bers w ere a b se n t from th e vote. T his raised a direct issue as to th e necessity fo r a d o u b le m ajority. T h at question h a d never been definitively s e ttle d .. . . T h e q u estio n , then, w as an op en o n e, and th e M inistry, during th e crisis o f 1856, were free to act as to th em m ight seem best. T h e ir C h ief w as suffering from o n e o f his sh arp est a tta c k s, a n d w as n o t in a position to either direct o r interfere w ith their deliberations. H e seem ed to have been, by a special d ispensation, delivered over to th eir h a n d s. T h ey c o n ­ cluded to uph o ld th e d o u b le m ajority principle, a n d th u s, by th e only m eans in their pow er, get rid o f Sir A llan, w h o . like a veritable O ld M an o f the Sea, h u n g like an incubus u p o n th e m inisterial neck. T h ey felt th at, divested o f their h ead , they w o u ld be able to c o m ­ m an d a safe m ajority in th e A ssem bly. T h ey w ere now convinced th a t in th e event o f their resignation Sir A llan by h im self co u ld do n o th in g , in w hich case th e G o v e rn o r w ould be c o n strain ed to have recourse to th em . T h ey w ould be able to reconstruct th e G o v e rn ­ m e n t w ith o u t th e g a lla n t k n ig h t from H a m ilto n , a n d w o u ld be relieved from m uch o f the em b a rrassm en t w hich beset them . T h e se p ro je c ts w ere su c c essfu lly c a rrie d o u t. N o t, h o w e v er, w ith o u t protest on th e p art o f Sir A llan. M essrs. Spence a n d M o rri­ son, th e U p p er C a n a d ia n R eform representatives in the M inistry, having notified his Excellency o f their intention o f im m ediately re­ signing, th eir exam ple w as follow ed by A tto rn ey -G e n e ral M acdonald a n d In sp ecto r-G en eral C ayley. T h e G o v e rn o r accordingly signified to Sir A llan a n d th e o th e r m em bers his conviction th a t it w ould be im possible to replace those gentlem en “ in such a m an n er as to m ain tain the efficiency o f th e C ouncil, on th e principle on w hich it h a d originally been fo rm ed .” Sir A llan w as a t no loss to u n d erstan d th e b ro a d hint conveyed in th is in tim atio n . N eith er h a d h e any difficulty in u n d erstan d in g th e tactics o f his U p p e r C a n a d ia n co l­ leagues. But he saw no m eans o f either ignoring th e o n e o r c o u n te r­ acting th e o th e r. H e w as racked with pain a n d u n d e rm in ed in h e alth : “ an old m an , bro k en w ith th e sto rm s o f sta te ,” - a n d hot p o d a g ra . H e m ad e th e best o f th e situ atio n , a n d su b m itte d . O n the 21st o f M ay th e G o v e rn o r w as a pprised th a t Sir A llan a n d the o th e r m em bers o f the C ouncil, “ tho u g h not recognizing a sectional m ajority as a sufficient reason for a change o f G o v e rn m e n t,” yet considered lh a t they h a d no alternative b u t to place th eir offices at his Excellency’s disposal. N ex t day th e G o v e rn o r accepted th e resig­ n a tio n s, to ta k e effect from th e a p p o in tm e n t o f new' C ouncillors. H e then applied to C olonel T ach e, as th e senior E xecutive C o u n cil­ lo r, a n d e n tru ste d him w ith th e fo rm atio n o f a M inistry, a task

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w hich w as so o n accom plished. All the readjustm ents w ere finally com plete on th e 24th - H er M ajesty’s b ir th d a y - a n d on th a t date th e T ac h e-M ac d o n ald G o v e rn m en t, as it is called, cam e into pow ­ e r.. .. T h e m ost im p o rta n t statutory' m easure o f th e session w as th e Act respecting th e Legislative C ou n cil, which w as alm ost identical with th a t passed by th e A ssem bly a n d rejected in th e U p p e r H ouse d u rin g th e previous session. It en acted th a t th e existing m em bers sho u ld c o n tin u e to h o ld their seats du rin g life, as provided by the Im perial A ct o f 1840. Every future m em ber w as to be elected for a term o f eight years by th e suffrages o f the people, the qualification for voters being th e sam e as th at o f voters for m em bers o f the A ssem bly. T h e Province, for th e purposes fo th e A ct, w as divided into forty-eight electoral divisions, tw en ty -fo u r for each section. T he elections were n o t to be sim u ltan eo u s, but biennial, tw elve m em bers being retu rn ed at each co ntest: th a t is to say, twelve m em bers in 1856, twelve in 1858, a sim ilar n u m b er in 1860, a n d in each second y e ar th ereafter. Such w as th e system in tro d u ced by' the Elective Legislative C ouncil A ct o f 1856, w hich c o n tin u ed in o p e ratio n until C o n fe d era tio n , w hen it w as a b a n d o n e d in fav o u r o f th e old system o f ap p o in tm en ts for life. T he only m aterial m odification occu rred in 1860. w hen th e S p e a k e r - w h o , u n d e r th e A ct o f 1856, w as a p ­ p o in ted by th e G o v e rn o r - w as m ad e elective by th e m em bers o f the C o u n c il.. . .

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L ’Annee Terrible . . . T h e year 1857 w as o n e lo n g to be rem em bered in this country. It w as signalized by th e first terrible railw ay accident th a t ever o c c u rre d in th e P r o v i n c e - a c a la m ity w h ich c a rrie d d e so la tio n to m an y a C a n a d ia n hom e. O n th e 12th o f M a rc h , a G re a t W estern R ailw ay passenger train , p roceeding from T o ro n to to H am ilton, crashed th ro u g h th e bridge sp a n n in g th e D esjardins C a n al, in the im m ediate n e ig h b o u rh o o d o f H a m ilto n , a n d caused th e loss o f a b o u t seventy lives. O n the 26th o f the follow ing Ju n e a c atastro p h e a tte n d ed with still m o re ap p allin g results o ccu rre d in th e S t. L aw ­ rence river. T h e M o n tre a l, a ste am er plying betw een Q uebec and M o n tre al, h aving on b o a rd several h u n d re d em ig ran ts, principally Scotch a n d N orw eg ian s, to o k fire w hen a sh o rt d istance above C a p e R ouge, a n d w as co n su m ed w ith such rapidity th a t a b o u t 250 persons lost th eir lives. A s these w ere th e first casualties o f their k in d in C a n a d a they caused m uch co n stern a tio n th ro u g h o u t the P rovince, a n d even, it is sa id , effected th e receipts fro m passenger traffic for an e n tire season. B ut there w ere o th e r reasons for a serious falling o ff in the traffic. T he a u tu m n o f th e y e ar ushered in th e m ost d isastro u s co m m ercial crisis th ro u g h w hich C a n a d a has ever been com pelled to p ass. V arious causes c o n trib u ted to bring a b o u t such an u n p ro p itio u s sta te o f affairs. T h e harv est, generally speaking, w as n o t m uch m o re th an h a lf a c ro p , either in C a n a d a o r in th e chief g rain-grow ing districts o f th e U n ited States. T he crisis began in th e N ew Y o rk m a rk e t early in S eptem ber, a n d its echo w as soon h e ard th ro u g h o u t th e republic. E relong th e effect m ade itself felt in C a n a d a . B ut th e c h ie f cause o f Provincial disaster was to be fo u n d w ithin o u r ow n b o rd e rs. T h e c o u n try had been passing th ro u g h an era o f e xtravagance. C ostly public w orks h a d been set o n fo o t, and railw ay d evelopm ent had p roceeded at a rate alto g eth ­ e r in co m m en su rate w ith o u r needs. W e w ere called u p o n to pay the

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penalty w hich p ro p e rly attach es to the acts o f those w ho live b e ­ y o n d th eir m eans. E re th e setting-in o f w inter, tra d e h a d becom e alm o st sta g n an t. S om e o f th e leading w holesale houses in th e chief com m ercial centres w ere u n a b le to m eet th eir engagem ents, and th e ir fa ilu re in v o lv e d th e ru in o f n u m b e rle s s re ta il m e rc h a n ts th ro u g h o u t th e P rovince. N o t a n insignificant tow n o r village but felt th e effect o f th e terrible ordeal th ro u g h w hich the c o u n try w as passing. T h ere w as a n alm o st to tal collapse o f m ercantile credit, a n d every industry w as sm itten by paralysis. T h e agricultural c o m ­ m unity shared in th e general g lo o m . T h e unex am p led prosperity w hich h a d a tte n d ed them d u rin g th e progress o f th e C rim ean w ar h a d induced h u n d re d s o f C a n a d ia n farm ers to launch o u t into unnecessary e xpenditure, a n d to e m b a rk in enterprises w hich they w ere incapable o f co n d u ctin g to successful issues. N u m b ers o f them w ere now com pelled to m o rtgage th eir farm s, a n d to pay exo rb itan t interest, in o rd e r to m eet u n p ro fita b le engagem ents w hich h a d been entered upon w ith high h opes. F o r th e tim e, railw ay enterprise was over, and th e various co m p anies w ere involved in pecuniary e m b a r­ rassm ents. O n e line w as seized for n o n -p a y m e n t o f interest on the G o v e rn m en t b o n d s. T h e public revenue o f th e P rovince fell o ff to such a n extent th a t th e y e a r’s expenditure w as $ 3 4 0 ,0 0 0 in excess o f th e incom e. It w as evident th a t C a n a d a h a d e ntered upon a period o f serious m ercantile disaster, a n d th a t th e re tu rn o f prosperity w ould n o t be a m atter o f w eeks o r m o n th s, but o f years. Such crises are a lm o st alw ays fraught with m o re o r less o f peril to a M inistry. T he T a c h e -M a c d o n a ld G o v e rn m en t form ed n o ex­ ception to the general rule, b u t th o u g h they for a tim e felt th e strain keenly, they su rm o u n te d th e first effects w ith signal success. In N o v e m b er som e im p o rta n t m inisterial changes o c c u r r e d .. . . C o lo ­ nel T ach e, w ho h a d sat in th e C a b in e t contin u o u sly ever since the fo rm atio n o f th e second L afontaine-B aldw in M inistry in M arch, 1848, a n d had grow n w eary o f m inisterial life, also w ithdrew from the G o v e rn m en t on th e 25th. A s he w as th e Prem ier, his w ithdraw al im plied a dissolution o f the C ab in et, but M r. Jo h n A . M acd o n ald , at the G o v e rn o r’s request, successfully applied him self to th e w ork o f reco n stru ctio n . T h e U p p e r C a n a d ia n m em bers agreed to resum e th eir places. M r. C a rtie r becam e th e head o f th e L ow er C a n ad a section o f the C a b in e t, a n d c o n tin u ed to hold th e p o rtfolio o f A t­ to rn ey -G en eral E ast. T h e M a c d o n a ld -C a rtie r G o v e rn m en t assum ed th e reins o f p o w ­ e r on th e 26th o f N o v e m b er, a n d M r. M a cd o n ald w as th en c efo r­ w ard th e head o f th e A d m in istra tio n in nam e as well as in fact. T w o days a fterw ards P arliam en t w as dissolved, a n d th e general elections, to which C a n a d ia n s h a d for som e m o n th s been looking forw ard w ith anxiety, w ere fixed for D ecem ber a n d Ja n u a ry . Both parties plunged into th e contest w ith a rd en t enthusiasm . T h e p rin ci­

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pal issues su b m itte d to th e p eople o f U p p e r C a n a d a w ere S eparate Schools a n d R epresen tatio n by P o p u la tio n , on b o th o f which ques­ tions p a rty lines w ere very sharply d ra w n . T h e M inisterialists . . . a d v o ca te d S ep arate S chools, a n d op p o sed R ep resen tatio n by P o p u ­ latio n . M r. B row n, th e m ost red o u b ta b le o p p o n e n t o f th e G o v e rn ­ m ent, by his persistent advocacy o f th e o th e r side o f these questions, h a d m ad e a g o o d m any co n v erts. H e em ployed the full weight o f his personal a n d jo u rn alistic influence, a n d his p a p er a n d him self w ere m o st im p o rta n t factors in th e co n test. T h e result, so far as U p p e r C a n a d a w as co n ce rn ed , w as discouraging for th e M inistry, three m em bers o f w hich - M essieurs C ayley, M o rriso n a n d Spence failed to se c u re e le ctio n in th e ir re sp ec tiv e c o n s titu e n c ie s . M r. C ayley su bsequently found a seat in R enfrew , but M r. M orrison a n d M r. S p e n c e w e re less fo rtu n a te . M r. B row n e n jo y e d th e triu m p h o f a d o u b le re tu rn , h aving been elected b o th for T o ro n to a n d th e N o rth R iding o f O x fo rd . M any o f his w arm est adherents w ere also re tu rn e d by c onsiderable m ajorities, a n d long before the last w rit w as re tu rn a b le it w as evident th at th ere w ould be a p re p o n ­ derance o f anti-m inisterial U p p e r C a n a d ia n votes in th e A ssem bly. In L ow er C a n a d a a different o rd e r o f things prevailed. A n o v er­ w helm ing m ajority o f M inisterialists w ere elected, a n d tw o -th ird s of th e R ouge m em bers w ho h a d sat in th e last P arliam ent sustained defeat. M r. A . A . D o rio n , th eir leader, w as a m o n g th e h a lf dozen o r so w ho w ere successful in th e co n test. A s to th e rest, th eir alliance w ith th e U p p e r C a n a d ia n C le a r G rits w as fatal to th em . . . .

C hapter 33

The Short Administration . . .T h e intelligence th a t O ttaw a h a d been fixed upon by Im perial m an d a te as th e Provincial capital becam e know n in C a n a d a early in th e y ear, [1858] but too late to exercise any influence u p o n the elections, w hich w ere ju st over. H er M ajesty’s c h o ic e 1 w as m o st u n ­ p o p u la r with th e O p p o sitio n , a n d their o rgans inveighed loudly on th e subject until th e m eeting o f P arliam ent. In M o n treal a n d Q uebec there w as naturally m uch dissatisfaction, independently o f pa rty c o n ­ sid eratio n s. All th e circum stances being taken into a cc o u n t, how ever, it w o u ld seem th a t th e royal selection w as wisely m ade. S tan d in g on th e b o u n d a ry -lin e betw een th e tw o P ro v in c e s, O tta w a ’s p o sitio n m o re especially as c o m p a red w ith th a t o f Q uebec o r T o ro n to , was cen tral. Being rem o te from th e frontier, it m ight be regarded as c o m ­ paratively safe in th e event o f aggression from across th e lines. But its highest reco m m en d atio n w as u nquestionably to be found in th e fact th a t its geographical position a ffo rd e d a so rt o f co m p ro m ise betw een the rival claim s o f U p p e r a n d L ow er C a n a d a , w hich claim s h a d pre­ sented th e m ost serious o bstacle to th e settlem ent o f the Seat o f G o v ­ ernm ent question for y e a r s 'p a s t.. . . H e r M ajesty’s choice h a d been ratified bv P arliam ent, a n d a sum h a d been a p p ro p ria te d for th e erection o f public buildings, but these circum stances did n o t d eter th e o p p o n e n ts o f th e G o v ­ ern m en t from a tte m p tin g to reverse the decision. A series o f m o­ tions expressive o f dissatisfaction at the Im perial selection w as now set on fo o t. A fte r th e first o f th e series, which w as m oved by M r. A . A . D o rio n in c onnection w ith a question o f supply, had been voted d ow n, th e m a tte r w as allow ed to rest until th e 28th o f July [1858], w hen th e subject w as revived by M r. T h ib a u d e a u . His m o tio n , w hich w as to th e sam e p u rp o rt as M r. D o rio n ’s, w as for th a t re a s o n ru le d to b e o u t o f o r d e r; w h e re u p o n M r. D u n k in m oved an address to th e Q u een , praying H er M ajesty to reconsi-

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der her decision, a n d to nam e M ontreal instead o f O ttaw a. Such a m otion co u ld n o t be expected to c o m m a n d a very w ide su p p o rt, a n d M r. Brow n m oved in a m e n d m en t, “ T h a t an h u m b le address be presented to his Excellency, pray in g th a t no action be tak e n t o ­ w ard s th e erection o f public buildings at O ttaw a for th e perm an en t a cc o m m o d a tio n o f th e E xecutive G o v e rn m en t a n d L egislature, o r for th e rem oval o f th e public d e p artm e n ts to th a t city.” A further am e n d m en t by M r. Piche, m em ber for B erthier, “ T h a t it is the opin io n o f this H ouse th at th e city o f O tta w a o u g h t n o t to be the p e rm a n en t Seat o f G o v e rn m e n t for the P rovince,” cam e next in o rd e r, a n d u p o n it, after a lo n g deb ate, th e sense o f th e H ouse w as ta k e n . T h e vote sto o d 64 to 50 in favour o f th e am en d m en t, a n d M r. B row n rose in his place, to th e acco m p a n im e n t o f a per­ fect w h irlw in d o f O p p o s itio n c h e e rs. T h e H o u s e , h e sa id co u ld have no d o u b t th a t th e m otion w hich h a d ju st been carried w as an express disapproval o f the G o v e rn m en t policy; a n d in o rd e r to test th e m a tte r he w ould m ove an a d jo u rn m en t. A tto rn ey -G en eral M acd o n ald , on th e p a rt o f h im self a n d his colleagues, at once sig­ nified his acceptance o f th e challenge, a n d declared his willingness to m ake his retention o f office d ependent on th e vote a b o u t to be given. A tto rn ey -G e n e ral C a rtie r expressed sim ilar sen tim en ts; and th e H o u se w as m ade to th o ro u g h ly u n d e rstan d th a t th e fate o f the M inistry depended upon th e im pending vote. N ow , there w ere a g o o d m any m em bers w ho disapproved o f O ttaw a as th e Seat o f G o v e rn m en t, a n d w ho yet w ere by no m eans p re p are d to vote for a tran sfer o f po w er from M r. M a c d o n ald to M r. B row n. U pon the question being su b m itte d , th e m otion for a d jo u rn m en t w as de­ feated by a m ajority o f 11, th e vote sta n d in g 61 to 50. T h e ev­ idence th u s a fforded w as conclusive. T he A d m in istra tio n possessed th e confidence o f a m ajority o f th e p eople’s representatives. But th e m ajority w as derived fro m L ow er C a n a d a , a n d th e U p p e r C a ­ nad ian vote w as decidedly adverse. T h e source o f th e m ajority was o f less consequence since th e rep u d iatio n o f th e d o uble-m ajority d o c trin e; b u t th e circum stances w ere peculiar, a n d after careful de­ liberation th e M inistry concluded th a t they w ould best serve their ow n interests by resigning. T h ey knew th a t they co u ld c o m m a n d a m ajority in the A ssem bly, a n d th a t no G o v e rn m en t form ed by their o p p o n e n ts co u ld be p e rm a n en t. T h e O p p o sitio n , by a p p ro v ­ ing a n d c a rry in g M r. P ic h e ’s a m e n d m e n t, h a d ta k e n a sta n d w h ic h m ig h t easily b e m a d e to tell a g a in s t th e m in th e p o p u la r m in d . T hey h a d laid them selves open to th e charge o f having practically passed a vote o f censure upon H er M ajesty. T h e M inistry , by p ro m p tly resigning office, w ould identify them selves with th e cause o f th eir Sovereign. T hey w ould be certain to win public sy m p a th y , a n d th u s gain by their o p p o n e n ts’ loss. T h e O pposition w ould be called on to form a C a b in e t, a n d w ould dou b tless m ake

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th e a tte m p t, b u t, ow ing to th e w an t o f coherence in th eir ran k s, it was certain th a t they could not get to g eth er any body o f m en th at could c o m m a n d th e su p p o rt o f a m ajority o f th e A ssem bly, as then co n stitu ted , for any c o n sid erab le length o f tim e. A cting upon these w ell-grounded assu m p tio n s, th e G o v e rn m en t, th o u g h they w ere u n d e r no c o n stitu tio n al necessity for so d o in g , ten d ered their resignations on T h u rsd a y , th e 2 9 t h - t h e day succeeding th e hostile vote on th e S eat o f G o v e rn m en t. M r. B row n, as th e m o st c onspicuous m em b er o f th e O p p o si­ tio n , w as forthw ith ch arg ed by his Excellency with th e task o f form ing a new A d m in istra tio n . O n th e a fte rn o o n o f F rid ay , the 30th, M r. J. S. M a cd o n ald a n n o u n ce d to th e A ssem bly th a t M r. B row n, in con ju n ctio n with M r. D o rio n , had e ntered upon nego­ tiations w hich, it w as ho p ed , w ould so o n be successfully co m p le t­ ed. A delay o f three days w as asked for. a n d readily g ra n te d . O n the m o rn in g o f S a tu rd ay , th e 31st, in th e co u rse o f an interview betw een th e G o v e rn o r-G e n e ra l a n d M r. B row n, th e question o f an im m ediate dissolution o f P arliam ent w as discussed. It w ould seem th a t, c o n tra ry to w hat has often been asserted, th e discussion did not assum e th e sh a p e o f an e n d ea v o u r on M r. B ro w n ’s p a rt to o b tain his Excellency’s consent to a d issolution. T h e subject a p ­ pears to have been m erely talk e d over, in c onnection with various o th e r possibilities o f th e near future. It is a t all events certain th a t M r. B row n left G o v e rn m en t H ouse w ith o u t having o b tain e d from his Excellency any definite expression o f op in io n on th e subject o f a dissolution, a n d th a t, in th e absence o f any such expression o f o p in io n , he addressed him self to th e task o f com pleting his nego­ tiatio n s for th e fo rm atio n o f a M inistry. T h e full significance o f these facts will presently be u n d ersto o d . [O n M o n d a y , A ugust 2, 1858 th e B ro w n -D o rio n g overnm ent w as sw orn into office.]" M r. B row n’s difficulties, so far from being end ed w ith th e fo r­ m atio n o f his M inistry, were only ju st beginning. A fte r an n o u n cin g th e nam es o f th e new M inisters, [w ho auto m atically vacated their seats u p o n being sw o rn into office], M r. P atrick intim ated th a t they w ould fully explain th eir views w hen they w ere in th eir seats; and th a t m eanw hile he h a d been instructed by th em to declare their w ish th a t th e necessary business o f th e c o u n try sh o u ld be closed, a n d th a t P arliam ent should be p ro ro g u ed at th e earliest possible day. H e add ed th a t th e G o v e rn m en t h a d n o t h a d tim e to consider th e public m easures before th e H ouse, but w o u ld lose no tim e in d oing so, a n d th a t he h o p ed to be able to be m o re explicit on the m o rro w . A sim ilar e x p lan atio n w as then m ade in F ren ch by M r. Piche; a n d after th e S p e a k er h a d instructed th e C lerk to call the o rd e r o f th e d ay , M r. B ureau, m em b er for N apierville, seconded by M r. Piche, m oved th e issue o f a w rit for th e election o f a m em ber for M o n tre al, in th e room o f M r. D o rio n . T o this m otion M r.

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Langevin m oved an a m e n d m en t: “ T h a t this H o u se, while o rdering th e said w rit, m u st at th e sam e tim e sta te th a t th e A d m in istra tio n , th e fo rm atio n o f w hich has c reated this vacancy, does n o t possess th e confidence o f this H ouse a n d o f th e c o u n try ." By m oving this am en d m en t th e m em b er for D o rc h este r gained som e noto riety at th e tim e, a n d th a t n o t alto g eth er o f an enviable kind, for there was a very general feeling th a t his m o tio n w as a violation o f P a rlia m en ­ tary courtesy. T h e M inisters involved in it h a d . by accepting office, vacated th eir seats, a n d w ere th u s u nable to defend them selves in Parliam ent. U n d o u b te d ly , how ever, there w as a n o th e r side to the q u estio n . T h e d eclaration m ade by M r. P atrick on b e h alf o f the A d m in istratio n h a d been exceedingly m eagre a n d u n su b stan tial, a n d left them free to a d o p t alm ost any line o f action w hatever. It w as n o to rio u s th a t th e g e n tle m e n w h o se n a m e s h a d been a n ­ nounced as co m p o sin g the new M inistry en te rta in ed widely diver­ gent views on m any o f o f th e m ost im p o rta n t q u e stio n s o f th e day. H ad they a u th o rize d th eir sp o k e sm a n to a n n o u n c e a policy, even o f th e m ost elastic c h ara cte r, they w ould have been entitled to ask for a fair tria l; but they h a d no right to ask P arliam ent either to take th eir policy for g ra n te d o r to tru st them blindfold. A s sim ple m atter o f fact, th e B ro w n -D o rio n A d m in istra tio n h a d not m atu red a p oli­ cy, a n d th e h e terogeneous elem ents o f w hich they w ere com posed rendered m uch delib eratio n necessary'. If M r. L angevin’s a m e n d ­ m ent w as u n u su al, so likewise w ere th e circum stances, a n d th e spirit o f keen political a n ta g o n ism prevented m any persons from acting, o r even th in k in g , w ith ju dicial im partiality. T h e a m e n d m en t w as seconded by M r. Jo h n Beverley R o b in so n , ju n io r m em ber for T o ro n to , a so n o f th e distinguished C h ief Justice o f U p p e r C a n a d a . T h e d eb ate upon it lasted from th e m iddle o f the a ftern o o n until past m idnight. A vote w as th en ta k e n , a n d it was found th a t th e M inistry w ere in a m inority o f fo rty ; a n d this on an a m en d m en t w hich w as a d irect m o tio n o f w an t o f confidence. T hey w ere indeed dou b ly in a m in o rity , for even in U p p e r C a n a d a , w here their m a in - a lm o s t th eir only - strength lay, there w as a m ajority o f tw o votes a gainst th em . O nly fo u r L ow er C a n a d ia n votes were recorded in th eir f a v o u r .. . . In such a contingency th ere w as a veiy plain alternative before th e G o v e rn m en t. T hey m ust either obtain an im m ediate dissolution o f P arliam ent, o r resign. T h ey recognized th e necessities o f their position, and on th e m o rn in g o f T u esd ay , th e 3rd. M r. Brown w aited upo n his Excellency. T h e discussion o f fo u r days before was resum ed, and M r. B row n, o n b e h alf o f him self a n d his colleagues, advised an im m ediate p ro ro g a tio n , to be follow ed by dissolution. T h e G o v e rn o r perceived th e necessity o f acting w ith circum spec­ tio n , a n d requested th a t th e g ro u n d s u p o n w hich th e advice was preferred should be put in w riting. T he request w as co m plied w ith.

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a n d a m em o ran d u m w as prepared, for his E xcellency’s c o n sid era ­ tio n . It set fo rth , a m o n g o th e r g ro u n d s, th a t th e A ssem bly, as then c o n stitu ted , did n o t, in the op in io n o f th e existing C a b in e t, possess th e confidence o f th e c o u n try ; th a t m an y seats h a d been o b tain ed by co rru p tio n a n d frau d at th e last election; th a t stro n g sectional feelings h a d arisen in th e c o u n try , and had seriously im peded the carrying o n o f th e G o v e rn m e n t; a n d th a t th e present G o v e rn m en t h a d tak e n office w ith th e fixed d e te rm in a tio n to p ro p o se c o n stitu ­ tional m easures for th e establishm ent o f h a rm o n y betw een U p p er a n d L ow er C a n a d a . T h e m em o ran d u m having been delivered at G o v e rn m en t H ouse, n o th in g fu rth er could be d o n e until his Excel­ lency’s reply sh o u ld be received. In th e co u rse o f th e a fte rn o o n , a fter th e tran sac tio n o f som e form al and u n im p o rta n t business in the A ssem bly, M r. P atrick , on b e h alf o f th e G o v e rn m e n t, asked for a n d o b tain e d an a d jo u rn m en t until th e follow ing day. A t tw o o ’c lo c k in th e a fte rn o o n o f W e d n e sd a y , th e 4 th , th e G o v e rn o r’s reply w as received by M r. B row n. It w as an e lab o rate d o c u m e n t, a n d m uch skill h a d evidently been em ployed in its p re p ­ a ra tio n . It traversed, step by step , the g ro u n d covered by M r. B row n’s m e m o ra n d u m . It drew atten tio n to th e fact th a t if, as alleged, th e existing H o u se o f A ssem bly did n o t truly represent the C a n ad ian people, th ere had been no sufficient reason for th e resig­ natio n o f th e late G o v e rn m e n t. In view o f th e fact th a t a general election h a d ta k e n place a few m o n th s before, his Excellency did n o t th in k p ro p e r to p u t th e c o u n try to th e expense a n d inconveni­ ence o f a n o th e r, unless very stro n g g ro u n d s co u ld be show n for such a proceeding. W ith respect to th e c o rru p tio n a n d bribery al­ leged to have been practised, it w as asked: “ W h at assu ran ce can his Excellency have th a t a new election, u n d e r precisely th e sam e laws, held w ithin six o r eight m o n th s o f th e last, will differ in its c h ara cte r from th a t w hich then to o k place?” “ If th e facts a re as they are stated to b e ,’ pursued his Excellency, w ith scarcely repressed sarcasm , “ they m ight be urged as a reason why a general election sh o u ld be avoided as long as possible: at any rate until th e law s are m ade m o re strin g en t, a n d th e p re ca u tio n s against such evils shall have been increased by th e w isdom o f P a rlia m e n t." T h e sectional feeling betw een U p p er a n d L ow er C a n a d a w as ad m itte d to be a grave q u estio n , but before g ra n tin g a dissolution o n th a t g ro u n d , his Excellency desired to have som e evidence th a t th e m easures ad o p ted by M r. Brow n a n d his colleagues w ould be “ a specific, a n d th e only specific” for the evil; a n d th a t th e m em bers o f th e existing G o v e rn ­ m ent w o u ld be th e only m en in th e c o u n try likely to calm the passions a n d allay th e jealousies so u nhappily existing. “ It m ay b e ,” c o n tin u e d the G o v e rn o r, “ th a t b o th p ro p o sitio n s are tru e, but u n ­ less they a re established to his Excellency’s com plete satisfaction, th e m ere existence o f th e m ischief is n o t in itself decisive as to the

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p ropriety o f resorting to a general election at th e present m o m en t. T h e certainty, o r a t any ra te th e g re at pro b ab ility , o f th e cure by the c o u rs e p r o p o s e d , a n d by th a t a lo n e , w o u ld re q u ire to b e a lso proved. W ith o u t this, a g re at present evil w o u ld b e voluntarily incurred for th e ch an ce o f a re m o te g o o d . It w ould seem to be the du ty o f his Excellency to ex h au st every possible alternative before subjecting the P rovince for th e second tim e in th e sam e y e ar to the cost, th e inconvenience, and th e d e m o ralizatio n o f such a p ro ceed ­ ing. T h e G o v e rn o r-G e n e ra l is by no m eans satisfied th a t every altern ativ e has been th u s e x h au ste d , o r th a t it w ould be im possible for him to secure a M inistry w ho w ould close th e business o f this session a n d carry o n th e ad m in istratio n o f th e G o v e rn m en t during th e recess w ith th e confidence o f a m ajority o f the Legislative A s­ sem b ly .” H is Excellency concluded his m em o ran d u m by declining, “ a fter full and m atu re d e lib e ra tio n ,” to accede to th e request for a dissolution o f P arliam ent. T h e G o v e rn o r-G e n e ra l’s c o n d u ct at this crisis aro u sed th e hot an g er o f M r. B row n a n d his follow ers, a n d th e feeling w as destined to survive until long after Sir E d m u n d h a d ceased to exert any influ­ ence over C a n ad ian affairs. T h e R eform press, w ith T h e G lobe at its h e ad , p o u re d o u t th e vials o f its w rath in no stin ted tide. M any English jo u rn a ls jo in e d in th e w holesale d e n u n ciatio n o f th e G o v e r­ n o r, a n d drew u n c o m p lim e n tary parallels betw een him a n d Sir C h arles M etcalfe. In som e p a rts o f U p p e r C a n a d a th e to n e o f the public m ind w as for som e day s alm o st rev o lu tio n ary . It w as b ro a d ­ ly hin ted th a t C h ief Justice D ra p e r, w ho h a d long since returned from his English m ission, a n d w ho w as a frequent guest a t G o v e rn ­ m ent H o u se, w as th e real a u th o r o f th e G o v e rn o r’s cunninglyw orded m e m o ra n d u m . It w as even said, a n d dou b tless believed, th a t all th ro u g h th e tran sac tio n s above described th ere h a d been a se c re t u n d e rs ta n d in g , e x p ress o r im p lie d , b e tw e e n th e G o v e r n o r G e n era l a n d th e lea d er o f th e M a c d o n a ld -C a rtie r G o v e rn m en t, and th a t th e Q u e e n ’s representative h a d actually lent h im self to the u n d e rh a n d designs o f an u n scru p u lo u s party -p o litician , w ho wished to get rid o f th e O p p o sitio n leaders for th e tim e. Such a charge, it w o u ld seem , o u g h t to carry its refu tatio n upon its face, but even at th e present day there are intelligent persons in C a n a d a so blinded by prejudice as to seriously profess belief in it. In th e o p in io n o f the present w riter such a belief h a s not a tittle o f evidence to su p p o rt it, a n d is sim ply p re p o stero u s. It h a s ever been th e fashion o f disap­ p o in ted political asp iran ts to be suspicious o f th o se in a u th o rity ; but th e suspicion, in th e case u n d e r review, w ould seem to have passed all legitim ate b o u n d s. It m ay be conceded th a t S ir E d m u n d h a d no partiality fo r M r. B row n, a n d th a t he w as m entally unjust in esti­ m atin g th a t g en tle m a n ’s c h a ra c te r. H e - a t any ra te in 1858- r e ­ g a rd ed him as a m ere o b stru c tio n ist, w ho w as inordinately a m b i­

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tio u s o f pow er, a n d ever on th e alert to e m b a rrass th e G o v ern m en t for his ow n ends. T h a t such a n estim ate w as far from a cc u rate will now be disputed by few, but M r. B row n’s co n te m p o ra ries a q u a rte r o f a c en tu ry ago w ere by no m eans so cap ab le o f doing ju stice to his aim s as w e are at th e present day. D oubtless S ir E d m u n d w as p reju ­ diced against m ost o f th e R eform leaders, a n d there w as a m isty vein o f narrow ness in his intellectual vision, w hich did n o t always perm it him to see th ro u g h clear glasses. H is trea tm e n t o f M r. B row n w as unnecessarily a rb itra ry . It w as deficient in franknesss, a n d devoid o f large-m indedness. It is even p ro b a b le e n ough th a t the events o f th e first w eek in A u g u st m ay have been partly foreseen by th e G o v e rn o r a n d by C h ief Justice D ra p er, as well as by M r. M a c d o n ald a n d his colleagues. B ut, so m uch being c onceded, there is no discoverable g ro u n d for aspersing his Excellency’s m em ory by charges which th ere has never been any serious a tte m p t to su b s ta n ­ tia te by evidence. A careful stu d y o f all th e circum stances m ust convince a d ispassionate e n q u ire r th a t Sir E d m u n d , th o u g h im bued with a decided leaning in favour o f th e men he h a d fo u n d in pow er u pon his assu m p tio n o f th e G o v e r n m e n t- a n d w ho h a d been in p o w er ever since - w as nevertheless sincerely desirous o f acting up to the spirit and letter o f th e c o n stitu tio n , a n d o f hold in g the balance fairly betw een th e rival parties. A n d it fu rth er a p p ea rs th a t he carried o u t his desire, a n d w as su bstantially ju s t, th o u g h he allow ed his preferences to becom e so m ew h at to o a p p a re n t, a n d th o u g h his c o n d u ct w as neith er am iable n o r d ip lo m a tic .. . . T h e d e te rm in a tio n arrived at by th e G o v e rn o r rendered it in ­ c u m b e n t upon M r. Brow n a n d his colleagues to ten d e r th eir resig­ natio n s, which they lost no tim e in doing. T h is w as on W ednesday, the 4 t h . . . . [T h e G o v e rn o r-G e n e ra l then asked A lex an d er T illoch G a lt, w h o h a d virtually no personal follow ing, to form a go v ern ­ m ent. A fter he declined H ead tu rn e d to G eorge C a rtie r.] M r. C a r­ tie r readily u n d e rto o k a n d fulfilled th e task o f form ing a n A d m in is­ tra tio n , cho o sin g his m aterials alm o st entirely from th e M acd o n ald C a rtie r G o v e rn m en t w hich h a d resigned a week before. M r. C ayley a n d M r. L o ran g e r w ere left o u t, a n d M r. G a lt a n d M r. G eorge S h erw o o d to o k their places. M r. G a lt’s financial ability rendered him specially acceptable to a G o v e rn m en t w hich h a d to face a serious deficit in th e exchequer. M r. S h erw o o d h a d served his party lo n g a n d faithfully, a n d it w as considered th a t his services w ere well w orthy o f such recognition as they now received. T h e C a rtie r-M a c d o n a ld A d m in istra tio n w as form ed on th e 6th o f A u g u st. Its accession to p o w er w as su bstantially a re sum ption o f o ffice by th e M a c d o n a ld -C a rtie r G o v e rn m e n t. Its c o m p o s itio n , with the tw o exceptions above m en tio n ed , w as th e sam e. It was g uided by th e sam e m inds, a n d its policy rem ained practically u n a l­ tered . T h e leaders in th e tw o sections o f th e la tte r w ere th e sam e as

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in those o f th e form er. So fa r, well. B ut, in direct violation o f the spirit o f the law , th e m em bers o f th e old G o v e rn m en t w ho now resum ed office did not re tu rn to their co n stitu e n ts for reelection. By th e seventh section o f a sta tu te passed d u rin g th e session o f 1857. intituled “ A n A ct fu rth er to secure th e Independence o f Parlia­ m e n t,” it w as enacted th a t “ W henever any person ho ld in g the office o f R e c e iv e r-G e n e ra l, In s p e c to r -G e n e ra l, S e c re ta ry o f th e Province, C o m m issio n e r o f C ro w n L ands, A tto rn e y -G e n e ra l. Solic­ ito r-G en e ral, C o m m issio n e r o f Public W o rk s, S peaker o f th e Legis­ lative C ouncil, P resident o f C o m m ittees o f th e E xecutive C ouncil, M inister o f A g riculture o r P o stm a ster-G en e ral, a n d being at the sam e tim e a m em ber o f th e Legislative A ssem bly o r an elected m em ber o f th e Legislative C o u n c il, shall resign his office, a n d w ith­ in o n e m onth after his resignation accept a n y o th e r o f the said offices, he shall not thereby v acate his seat in th e said A ssem bly o r C o u n c il.” T h e object o f this e n actm en t w as m erely to enable casual interchanges o r transfers o f portfolios w henever required by the exigencies o f th e pu b lic service. But there w as n o th in g in the A ct to so restrict its ap p lic atio n ; n o th in g to prevent su ch a p roceeding as now to o k place. T h e letter o f th e sta tu te w as n o t transgressed, for only eight days elapsed betw een th e dem ission o f th e 29th o f July an d th e resum ption on the 6th o f A u gust. T h e portfo lio s accepted o n th e 6 t h - b y such M inisters, at least, as w ere m em bers o f the A ssem bly - w ere different from those w hich h a d been held by the sam e persons in th e form er A d m in istra tio n ; so th at th e technical requirem ents o f th e A ct w ere co m plied w ith. M r. C a rtie r becam e In sp e cto r-G e n e ra l, M r. M a c d o n ald P o stm a ster-G en e ral, M r. Sic o tte C o m m issio n e r o f Public W o rk s, M r. A lleyn Provincial Secre­ ta ry , M r. R ose R eceiver-G eneral, and M r. Sidney Sm ith President o f th e C ouncil a n d M inister o f A griculture. M essieurs V a nkoughnet a n d Belleau, being m em bers o f the U p p e r M ouse, a n d u n d e r no necessity to appeal to p o p u la r suffrage, w ere reinstated in th e offices they h a d previously held. B ut there w as no intention o f perm itting th e arra n g e m e n ts o f th e 6th o f A ugust to rem ain u n d istu rb ed . T he law having been com plied w ith, there w as no strict legal objection to fu rth er re ad ju stm en ts, a n d on the 7th M r. C a rtie r a n d M r. M acd o n ald resum ed their fo rm er portfolios o f A tto rn ey s-G en eral E ast a n d W est respectively. M r. Sm ith w as at th e sam e tim e res­ to re d to th e P o stm a ster-G en e ralsh ip . . . . B ut, th o u g h there w as n o breach o f th e letter o f th e law , there w as such a m anifest evasion o f its spirit th a t th e m oral sense o f the co m m u n ity w as shocked. T h ere w as a general feeling lh a t th e In d e­ pendence o f P arliam en t A ct h a d been w rested from its tru e p u r­ pose, a n d th a t th e co n stitu tio n had been trifled w ith. It w as evident th a t th e shuffling o f po rtfo lio s h a d been reso rted to m erely for the p u rp o se o f relieving M inisters from the necessity o f appealing to

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th eir co n stitu en ts, in d ee d , M r. C a rtie r’s frank explan atio n s to the A ssem bly on th e 7th o f A u g u st left no ro o m for d o u b t on th at h ead . H e expressly sta te d th a t “ th e co u rse follow ed in th e a p p o in t­ m e n ts' h a d been a d o p te d “ to m eet the requirem ents o f th e law, a n d at the sam e tim e to prevent any unnecessary e le ctio n s." T he A ssem bly co n d o n ed th e proceeding, but th e c o n d o n atio n found only a feeble echo beyond th e walls o f P arliam ent, a n d m any influ­ ential voices were raised in c o n d em n atio n o f this “ D ouble S huffle.” as it w as c a lle d .. . .

C hapter 34

The Eve of Confederation . . . . T h e d e m a n d for R ep resen tatio n by P o p u la tio n assum ed form i­ da b le p ro p o rtio n s in U p p e r C a n a d a d u rin g th e su m m e r o f 1859. T h e G o v e rn m e n t w ere noto rio u sly in a m inority in th a t section o f th e Province, a n d as they h a d a b a n d o n e d th e d o u b le-m ajo rity p rin ­ ciple, th e cry o f “ L ow er C a n a d ia n d o m in a tio n ” began to be loudly raised against th e m . D uring th e second w eek o f N o v e m b er an a d d i­ tio n a l im petus w as im p arted to this sentim ent by m eans o f a n u m er­ ously a tte n d ed R eform C o n v e n tio n held a t T o ro n to . T h e avow ed object o f th e C o n v e n tio n , w hich w as a tte n d ed by 570 p rom inent R eform ers, including delegates from all p arts o f the U p p e r Prov­ ince, w as “ to consider th e relations betw een U p p e r a n d Low er C a n a d a , a n d th e financial a n d political evils th a t had resulted th ere ­ fro m , a n d to devise c o n stitu tio n a l changes fitted to rem edy th e said abuses, a n d to secure g o o d g overnm ent for th e P ro v in ce.” All th e leading spirits o f th e U p p e r C a n a d ia n O pp o sitio n w ere present at this g a thering, a n d delivered stirrin g d iatribes against th e M inistry. A series o f stro n g ly -d raw n resolutions w as passed, declaring, inter alia, th a t th e U n io n o f th e Provinces h a d failed to realize the a nticipations o f its p ro m o te rs; th a t it h a d resulted in a heavy public d eb t, b u rd e n so m e ta x a tio n , great political abuses, a n d universal dissatisfaction th ro u g h o u t U p p e r C a n a d a . O p in io n s w ere generally expressed to th e effect th a t th e U n io n , as then existing, co u ld no longer be c o n tin u e d with a d v an tag e to th e people, a n d th a t the difficulties in th e w ay o f bringing a b o u t a F ederal U n io n o f all the British N o rth A m erican colonies w ould necessarily cause such delay as to place th a t m easure b ey o n d co n sid eratio n as a rem edy for exist­ ing evils. It w as fu rth er resolved th a t th e best practical rem edy w as to be fo u n d in th e fo rm atio n o f tw o o r m o re local governm ents h aving co n tro l over all sectional m atters, a n d o f som e jo in t a u th o ri­ ty having c o n tro l o f m atters c o m m o n to th e Province at large. T he

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final resolution declared th a t no g overnm ent w ould be satisfactory to th e people o f U p p e r C a n a d a unless based on the principle o f R epresen tatio n by P o p u la tio n . A “ C o n stitu tio n al R eform A ssocia­ tio n " w as form ed fo r th e p u rp o se o f carry in g o u t th e spirit o f these resolutions, a n d o f p ro c u rin g th e election to P arliam en t o f c a n d i­ da te s pledged to th e principles en u m e rate d therein. A com m ittee w as a p p o in te d to d ra ft an address to th e people in su p p o rt o f the prevalent views o f th e C o n v e n tio n , a n d e m bodying th e resolutions in e x te n s o . G re a t care w as m anifested in th e p re p ara tio n o f this d o c u m e n t, w hich w as not fully co m p leted a n d a p p ro v ed until the 15th o f F e b ru a ry , 1860. It co n ta in ed an e la b o rate exposition o f public affairs from th e O ppo sitio n p o in t o f view , a n d w as circulated b ro a d ca st th ro u g h o u t th e lan d . T h ere can be n o d o u b t th a t it did m uch to pave th e w ay for th e g reat schem e o f C o n fe d era tio n - a fact w hich will be clearly a p p a re n t to an y o n e w ho will ta k e the tr o u b le to c o m p a re th e tex t o f th e re s o lu tio n s o f 1859 w ith th e British N o rth A m erica A ct o f 1867. Its im m ediate effect, how ever, w as n o t very a p p a re n t. T h e schem e w as too large, a n d at th e sam e tim e to o indefinite, for ready a n d general co m p re h en sio n , a n d m any stau n ch U p p e r C a n a d ia n R eform ers w ould have n o th in g to say to it. A m o n g o th e r less im p o rta n t personages, M r. Jo h n Stanfield M a c d o n ald refused to have act o r p a rt in so radical an in ro ad upon the co n stitu tio n as w o u ld necessarily be involved in carry in g o u t the resolutions o f th e C o n v e n tio n . A sim ilar m ovem ent w as set on foot in M o n tre al u n d e r the auspices o f M essieurs D o rio n , D ru m m o n d , M c G e e, a n d o th e r in­ fluential m em bers o f th e O p p o sitio n . M eetings were held, at which th e situ atio n o f affairs w as very freely discussed, a n d th e project o f a Federal U nion cordially a p p ro v ed . But a g o o d m any O ppositionists held a lo o f, ow ing to their u n c o n q u era b le a n tip a th y to M r. B row n; a n d upon th e w hole th e m ovem ent m ad e little headw ay in Low er C a n a d a . T h e several differences a m o n g the m em b ers o f th e O p p o si­ tion inevitably ten d e d to prevent un ited action a m o n g them on m a t­ ters o f general policy, a n d th e G o v e rn m en t o f co u rse profited by the diso rganization o f th eir o p p o n e n ts .. . . [In 1859 Q ueen V ictoria w as invited by the C a n ad ian a u th o ri­ ties to a tte n d the o p e n in g o f th e V ictoria Bridge at M o n tre al. Early in 1860 C a n ad ian s learned th a t the Q ueen declined th e invitation, but th a t H is R oyal H ighness th e Prince o f W ales w ould a tte n d on her b ehalf.] T he Prince, acco m p an ied by th e D u k e o f N ew castle, C olonial Secretary, a n d a n u m ero u s suite, sailed from P lym outh on th e 10th o f July. A fortn ig h t later they lan d ed a t St. J o h n 's , N ew ­ fo u n d lan d , w hence, after rem aining several days, they proceeded to H alifax, N o v a S cotia. S t. Jo h n a n d F red ericto n , th e tw o principal to w n s o f N ew B runsw ick, w ere next visited, a fte r w hich th e party proceeded to C h a rlo tte to w n , Prince E d w a rd Island. T hence they em ­

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b a rk ed for C a n a d a . A t G a sp e they w ere m et by the G o v e rn o r-G e n ­ eral a n d nearly all th e m em bers o f th e M inistry', w ho h a d proceeded th ith e r to w elcom e th e royal g uest. T h e reception at Q u eb ec took place on the 18th o f A u g u st. O n th e 21st th e tw o branches o f the L egislature presented to H is R oyal H ighness addresses expressive o f devoted a tta ch m en t to th e person a n d C row n o f his royal m o th e r. By letters p aten t received from E ng lan d subsequent to his arrival in this co u n try , the Prince h a d been created Viceroy o f all th e British N o rth A m erican colonies, a n d by virtu e o f th e creatio n he w as em pow ered to c onfer th e h o n o u r o f k n ig h th o o d . T his pow er he now exercised by investing M essieurs N . F . Belleau a n d H enry Sm ith [speakers re­ spectively o f th e tw o H ouses o f P arliam ent] w'ith lh at dignity. O n the 25th he discharged th e task w hich h a d form ed th e pretext for his vis­ it, by laying th e c o rn e r sto n e o f th e V ictoria Bridge al M o n tre al. A w eek a fterw ards h e laid th e fo u n d a tio n sto n e o f th e projected Parlia­ m ent H ouses at O tta w a , w hence he proceeded th ro u g h th e western p a rt o f th e P rovince, visiting all th e principal cities a n d to w n s along th e ro u te. His jo u rn e y from first to last w as an u n in te rru p te d series o f o v a tio n s. G re a t taste w as displayed and m uch m oney spent in deco­ ratin g a n d illum inating th e streets, a n d W estern C a n a d a has p ro b a ­ bly never presented so c h arm in g an aspect as d u rin g th o se few weeks o f th e royal progress th ro u g h o u r territo ry . A t th ree p o in ts only did a n y th in g o c cu r to m a r th e h a rm o n y o f th e receptions. T h e unwise display o f p arty em blem s by th e O ra n g e Societies o f K ingston and Belleville prevented th e royal visitors from lan d in g from th e steam er at either o f th o se places. In T o ro n to a sim ilar exhibition o f O range devices upon o n e o f th e triu m p h a l arches erected o n th e c o rn e r o f C h u rc h a n d K ing Streets prevented th e royal procession from pass­ ing u n d e r it, th e D u k e o f N ew castle firmly refusing to lend any c o u n ­ ten an ce to p a rty displays. T h e G o v e rn o r-G e n e ra l h aving expressed h im self strongly in favour o f his G ra c e ’s d e te rm in a tio n , b o th he and th e C olonial Secretary w ere b u rn e d in effigy on C o lb o rn e S treet by a few h o t-h ea d ed persons w hose zeal, for th e n o n c e, o u tra n th eir dis­ c retio n . In every o th e r p a rticu la r th e visit to T o ro n to w as a splendid success, a n d du rin g th e rest o f th e w estern to u r all w ent m errily as the proverbial m arriag e b e ll.. . . T h e general elections [o f 1861] cam e o ff du rin g th e sum m er, a n d th o u g h th e cam paign w as c o n d u cted with vigour, it w as a tte n d ­ ed by m uch less d iso rd er th an h a d m ark ed previous contests. T he m inisterial p ro g ram m e sim ply em bodied a c o n tin u a tio n o f the exist­ ing policy. T he c h ie f p lan k s in th e O p p o sitio n p latfo rm w ere re­ tren ch m en t a n d R epresen tatio n by P o p u la tio n , in a d d itio n to a general c o n d em n atio n o f th e G o v e rn m e n t.. . . T h e result o f the contest as a w hole w as th a t th e m inisterial ascendency w as m ain ­ tain ed . E ach side gained so m e unexpected a d v an tag e s, a n d each also sustained so m e serious losses. M any p ro m in e n t m em bers failed

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to secure reelection. In U p p e r C a n a d a the O ppo sitio n sustained a serious loss by th e defeat o f M r. Brow n in East T o ro n to , w here he w as successfu lly o p p o s e d by M r. J o h n C ra w fo rd , a s u p p o r te r o f th e G o v e rn m en t. M essieurs A . A . D o rio n , Lem ieux and T h ib a u d eau , M r. B row n's som ew hile colleagues, also sustained defeat in their respective constituencies in L ow er C a n a d a . T he m ost signifi­ can t m inisterial defeats were th o se o f the P ostm aster-G en eral (S id ­ ney S m ith) and Ogle R . G o w an in U p p e r C a n a d a , a n d o f SolicitorG eneral M orin a n d M essieurs D u n k in a n d C am pbell in L ow er C a n a d a . M r. B row n, w ho w as in ill-health, did not seek a n o th e r constituency at th a t tim e, a n d did not reenter public life until 1863. M r. A . A . D o rio n rem ained out o f Parliam ent for a y ear, w hen he w as retu rn ed for H ochelaga. . . . O n th e 24th o f O c to b er [1861] Sir E dm und H e a d 's a d m in istra ­ tion o f C a n a d ia n affairs cam e to an en d , a n d he sailed for E ngland im m ediately afterw ards. He had n o t du rin g his stay a m o n g us d e ­ veloped any e x tra o rd in a ry qualities o f statesm an sh ip , n o r did he. like his predecessor, leave a ho st o f w arm ly -attach ed friends behind him ; b u t, except a m o n g the m o re virulent m em bers o f th e O p p o si­ tio n , there w as a general feeling th at he h a d tried to do his duty, a n d th a t in all essential points he h a d succeeded. H e w as not a m an o f m uch personal m agnetism , and did not seem to c o u rt devoted friendships; but he w as careful, p a in sta k in g a n d conscientious, and rarely affixed his sig n atu re to a public d o cu m en t until he h a d read and co m p re h en d e d th e contents. H e w as fond o f superintending m in u te d e ta ils , a n d w o u ld h a v e m a d e an excellen t h e a d o f a d e ­ p a rtm e n t. N o tw ith stan d in g his learning a n d his know ledge o f p oli­ tics, it m ay be said th a t he fo u n d his intellectual level as a P o o r Law C o m m issio n er, in w hich capacity he proved h im self to be a useful a n d clear-headed m an . Som e idea o f th e texture o f his m ind m ay be form ed from th e fact th a t he w rote an entire b o o k (a s"mall o n e it is tru e ; but still, o n e th a t m ust have required c onsiderable lab o u r) on the p ro p e r use o f th e tw o little w o rd s sh a ll a n d w ill [S h a ll a n d W ill; o r T w o C h a p te r s on F u tu r e A u x i l ia r y V erb s ( L o n d o n , 1856)]. S oon after his return to E ngland he w as an unsuccessful c an d id ate for th e rep resen tatio n o f th e boro u g h o f P ontefract in the H ouse o f C o m m o n s. H e derived som e solace for his d isa p p o in t­ m ent by being gazetted to a Civil Service C om m issio n ersh ip . He w as also elected G o v e rn o r o f the H u d so n 's Bay C o m p a n y , a p o si­ tion w hich he retained until his death on the 28th o f Ja n u a ry , 1868, w hen, as he left no m ale issue, the b aronetcy becam e extinct. H is su c c e ss o r as G o v e rn o r -G e n e r a l o f C a n a d a w as C h a rle s Stanley, F o u rth V iscount M onck, a native o f T em p lem o re, in the c ounty o f T ip p erary , Irelan d , w here he was b orn in 1819. H e w as descended from the old N o rm a n fam ily o f Le M oyne, and w as the son o f an Irish viscount, to w h o m he succeeded in 1849. H e had

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been called to th e Irish b a r, a n d had sat for som e years in the H ouse o f C o m m o n s for th e English constituency o f P o rtsm o u th . U p o n th e fo rm atio n o f L o rd P a lm e rsto n 's M inistry in F e b ru a ry , 1855, he w as a p p o in te d a L o rd o f the T rea su ry , a n d he retained th a t position until th e general elections o f 1857, w hen he failed to secure a seat in P arliam ent. H e had m anifested som e a p titu d e for official life, but did not again hold any public position until his a p p o in tm en t as G o v e rn o r-G e n e ra l o f C a n a d a in 1861. H e arrived at Q uebec in th e steam ship N o rth B riton on th e 23rd ot O ctober, a n d assum ed charge o f the A d m in istra tio n tw o days a fte rw a r d s .. [T he influence o f the C a rtie r-M a c d o n a ld g overnm ent percepti­ bly declined d u rin g th e 1862 session.) T hey suffered considerable loss o f prestige in consequence o f a d eb ate on th e subject o f th e new' P arliam ent B uildings at O tta w a , for the erection w h e reo f $900,000 h a d been a p p ro p ria te d . It now ap p eared th a t th e entire a p p ro p ria ­ tion h a d been c o n su m ed , in ad d itio n to considerable sum s which h a d been expended w ith o u t th e a u th o rity o f th e L egislature: a n d yet th e stru c tu re s w ere not h a lf com pleted. M r. Rose, w ho h a d had charge o f th e Public W o rk s D ep artm en t w hen the c o n tra c ts had been let, now cam e in for som e stro n g criticism , and it w as alleged th a t his w ant o f practical know ledge h a d cost th e c o u n try im m ense sum s. O th e r abuses c am e to light in som e o f the d e p artm e n ts, and it was evident th a t th e M inistry had been in po w er so lo n g as to have becom e so m e w h a t careless o f th e public interests. T h e prevalent feeling o f the A ssem bly w as such th at before th e session had lasted tw o m o n th s th e G o v e rn m en t held office by a very frail ten u re , and a su itable o p p o rtu n ity w as all th at w as needed to en su re their de­ feat. T h e o p p o rtu n ity w as affo rd e d by a Bill for the reorganization o f th e m ilitia, in tro d u ced by A tto rn ey -G e n e ral M acd o n ald . It was a stro n g m easure, a n d . if c a rrie d , w ould unqu estio n ab ly have ren­ dered the Province stro n g to resist a tta c k : but it w o u ld have re­ q uired an ex p en d itu re o u t o f all p ro p o rtio n to the revenue, a n d its in tro d u c tio n c a u s e d no little a la rm , m o re e sp ecially a m o n g the L ow er C a n ad ian m em bers. W hen it cam e up for its second reading on th e 20th o f M ay it w as rejected by a vote o f 61 to 54. O n this question M r. M a cd o n ald h a d a clear U p p e r C a n a d ia n m ajority o f seven; and the defeat o f th e Bill w as ow ing to the defection o f a n u m b er o f M r. C a rtie r's su p p o rte rs. O n th e follow ing day the G o v ­ ern m en t resigned. S om ew hat to th e public surprise, th e G o v e rn o r h a d recourse, in this em ergency, to M r. J. S. M a c d o n ald . T h a t g e n tle m a n ’s course had been so independent o f th e c o n sid eratio n s by w hich m ost partym en were sw ayed in those days lh at his personal follow ing in the A ssem bly w as not large, a n d his ability to form a M inistry w as not co m m o n ly believed in. A s public op in io n then sto o d , how ever, no m em ber o f th e O ppo sitio n co u ld boast o f a n o verm astering Parlia-

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m entary influence, a n d it w ould n o t have been easy to say w ho, if n o t M r. M a c d o n ald , could c o m m a n d the strongest vote. M r. M ac­ d o n a ld proved th a t he was at all events stro n g e n ough to form a G o v e rn m en t. W ith th e assistance o f M r. Sicotte he so o n acco m ­ p lish ed his ta s k , a n d th e M a c d o n a ld -S ic o tte G o v e rn m e n t w as sw orn in on the 24th [M ay , 1862]___ O n th e 26th, M r. W a llb rid g e -u p o n w hom , nearly fo u r years p rio r to this d a te , had devolved the task o f an n o u n cin g th e resigna­ tion o f th e B ro w n -D o rio n A d m in istra tio n - unfolded th e m inisterial p ro g ram m e to th e A ssem bly. It em bodied a recognition o f th e d o u ­ ble m ajority principle with respect to purely local questions, a n d a n ­ n ounced a d e te rm in a tio n to su b m it a m easure for th e m ore equitable ad ju stm en t o f P arliam en tary representation in each section o f the Province. A n a m e n d m en t o f the m ilitia law , a read ju stm en t o f the tariff, a new insolvent law , a th o ro u g h system o f retrenchm ent in the public service, a searching investigation into all m atters connected w ith th e new P arliam en t B uildings a t O ttaw a, a n d th e m aintenance o f H er M ajesty’s decision w ith reference to th e Seat o f G o v e rn m en t, w ere also prom ised. T his exposition o f the G o v e rn m e n t’s policy was repeated in F rench by M r. L o ran g er; and in th e U p p e r H ouse a sim ila r e x p la n a tio n w as m a d e by th e new R e c e iv e r-G e n e ra l, M r. M o rris. In th e co u rse o f th e ensuing discussions it w as m ade m anifest th a t th e great q uestion o f R epresentation by P o p u la tio n w as p ra cti­ cally ignored. T h e p roposed “ m o re e quitable ad ju stm en t o f th e P a r­ liam entary re p re se n tatio n ” w as found to involve m erely a re arra n g e ­ m ent o f th e constituencies, w ithout interfering with th e equal m em ­ bership for the tw o sections o f the Province. T h ere w as m oreover an express u n d erstan d in g th a t th e equality o f representation should not be d istu rb ed d u rin g th e existing P arliam ent. T his determ in atio n was th e m ore surprising inasm uch as fo u r m em bers o f th e new G o v e rn ­ m en t - M e ssie u rs M c D o u g a ll, F o le y , H o w la n d a n d W i l s o n - h a d long been a m o n g th e forem ost advocates o f “ R ep. by P o p .,” and h a d spoken strongly in its fav o u r up to th e very' eve o f entering the M inistry. T h e G lobe opened its batteries upon them for th eir in co n ­ sistency, and taxed them w ith a venal desertion o f th eir principles. A g o o d m an y U p p e r C a n ad ian R eform ers to o k a sim ilar sta n d , but the A ssem bly a n d th e c o u n try at large w ere in fav o u r o f giving th e new M inisters a fair trial. T h e leaders o f th e late G o v e rn m en t declared th at they w ould offer no factious o p p o sitio n , either at th e polls o r elsew here but w ould even assist th eir successors in com pleting the legislation o f the session. T hey acted up to th eir declaratio n s, a n d the M a c d o n a ld -S ic o tte A d m in is tra tio n th u s fo u n d th em se lv es s tro n g enough to proceed to th e developm ent o f som e features o f th e policy w hich h a d been a n n o u n ce d on their behalf. T h ey com pleted th e u n ­ finished business o f th e session, w hich w as b ro u g h t to a close on the 9 th o f Ju n e . A m o n g th e m easures passed a fte r their accession to

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p o w er were a sh o rt M ilitia Bill, m aking provision for the m ain te­ n an ce o f a v o lunteer force, but being m uch less com prehensive in its provisions th an th e defeated m easure w hich h a d led to the fall o f the late G o v e rn m e n t.. . . T he neighbouring republic c o n tin u ed to be th e th e a tre o f w ar. a n d du rin g th e latter m o n th s o f 1862 C a n a d a began to be sensible o f being m aterially affected th ereb y . C o lu m b ia ’s necessity w as C a n ­ a d a ’s o p p o rtu n ity . T h e rebellion h a d o f course seriously interfered with th e raising o f food a n d farm -stock in th e S tates, a n d the d em an d for th o se com m odities h a d becom e m uch g re ater th an the dom estic supply. D ealers n atu rally tu rn ed to C a n a d a as th e c h ea p ­ est a n d m o st acc essib le fo reig n m a r k e t, a n d th e P ro v in c e w as o v errun by A m erican s w ho bou g h t up cattle, p o u ltry , eggs, and o th e r staple articles o f fo o d , in e n o rm o u s q uantities. H orses w-ere also in g reat requisition for cavalry purposes. Prices rose with the increased d e m a n d , a n d m oney flowed into the co u n try in a steady stream . O u r farm ers, w ho h a d never before enjoyed such a golden o p p o rtu n ity , not even d u rin g th e C rim ean W a r, to o k full advantage o f th e situ atio n , a n d th ro v e apace u p o n th e necessities o f their neighbours. T h e experience o f seven o r eight years before had not been th ro w n aw ay u p o n th em , a n d as a rule they did not repeat the senseless extravagance o f th a t p erio d . T h e A m ericans did not relish th e high rates o f d u ty im posed by the Provincial P arliam en t, and h a d already begun to raise a n o utcry against th e contem plated renew al o f th e R eciprocity T reaty o f 1854. Such w as th e condition o f affairs at th e close o f 1862. . . . A m easure in tro d u ced [d uring the 1863 session} by M r. R. W . S cott, m em ber for O ttaw a C ity , am ending th e U p p e r C an ad ian S ep arate School law , ren d ered th e m inisterial position still m ore precarious [than earlier votes had indicated]. T hey h a d a d o p te d the se p arate school system as a p a rt o f their p ro g ram m e, but they were now a b a n d o n e d by th e e n tire body o f C lea r G rits on th e question, as well as by o th e r m em bers u p o n w h o m they had co u n ted for su p p o rt. A t th e head o f th e C lea r G rits M r. G eorge Brow n once m ore presented him self in th e A ssem bly, having been retu rn ed for South O x fo rd , w here a vacancy h a d o ccu rre d while th e H ouse was in session. H is views on R ep. by Pop. a n d se p arate schools had undergone no change, a n d he now w aged w ar against th e M inistry o n b o th those questions. A large U p p e r C a n a d ia n m ajority voted against the se p a ra te school m easure, w hich, how ever, w as carried by m eans o f the L ow er C a n a d ia n s . U n d e r these circum stances the M inistry, w ho had professed to a d o p t th e d o u b le m ajority principle in local m atters, sho u ld have resigned: but this they w ere not dis­ posed to d o . T hey threw th eir professions to the w inds, a n d held on to office. F o r this a b a n d o n m e n t o f their alleged principles they

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suffered still fu rth er desertions. E arly in M ay M r. J . A . M a cd o n ald m oved a n d carried , by a m ajority o f five, a direct vote o f w an t o f confidence. M inisters advised a p ro ro g atio n w ith a view to d issolu­ tio n , w hich was assented to by th e G o v e rn o r. T h e regular business w as c om pleted, a n d th e session c am e to an end on th e 12th. A disso­ lution follow ed, a n d election w rits w ere issued, re tu rn a b le on th e 3rd o f J u ly .. .. T h ere had for som e weeks been a w ant o f perfect h arm o n y betw een th e tw o sections o f th e C a b in e t. T h e P rem ier w as fully conscious o f his w eakness, a n d w ished to stren g th en his position by a d m ittin g M r. D orion a n d M r. H olto n to office. M r. D o rio n , it was well k n o w n , w o u ld o n ly a c c e p t office as th e c h ie f o f th e L o w er C an ad ian section; a n d to this M r. Sicotte w o u ld n o t c o n se n t. A general b re ak -u p o f th e G o v e rn m en t ensued. M r. Sicotte, with his L ow er C a n ad ian colleagues, w ithdrew in a b o d y . M r. M acdonald re ta in e d o n ly th re e o f his U p p e r C a n a d ia n M in iste rs - M e ssie u rs H o w la n d , M c D o u g a ll a n d F e rg u s s o n -B la ir - a n d su p p lie d th e places o f M essieurs Foley a n d W ilson by M essieurs O liver M ow at and Lewis W allbridge. M r. D o rio n , having consented to form the L ow er C a n ad ian section, applied him self to his task with success, a n d on th e 1 6 th - four days a fte r th e p ro ro g atio n - the M acd o n ald D orion G o v e rn m en t cam e into being. [In th e ensuing elections in June, 1863 the governm ent gained seats in U p p e r C a n a d a but lost to a c o rre sp o n d in g extent in L ow er C a n a d a . T h e g o v ern m en t’s w eak p o sitio n in th e A sse m b ly re m a in e d v irtu a lly u n c h a n g e d . W hen parliam en t assem bled in F e b ru a ry , 1864 it w as clear to J. S. M a cd o n ald th a t his regim e could not govern effectively. C o n se­ q u e n tly he re sig n ed w ith o u t su ffe rin g d e fea t in th e H o u s e , on M arch 21, 1864] . . . . T h e situ atio n w as critical. Parties were divided by m ajorities so n a rro w th a t no G o v e r n m e n t, by w h o m so e v e r fo rm e d , a n d o f w hom soever co m p o sed , co u ld feel safe. T he co n stitu tio n w as on its trial, a n d far-seeing statesm en predicted th at it w ould not em erge from th e ordeal w ith o u t serious d am age. T he future looked o m i­ nous, a n d a general feeling o f insecurity began to perm eate the m inds o f o u r public m en. T h e G o v e rn o r h im self co u ld not conceal his anxiety. A s a possi­ ble m eans o f getting over th e crisis, he e n tru sted the ex-Provincial Secretary, M r. F ergusson-B lair, w ith th e fo rm atio n o f a Ministry'. T h at g entlem an m ad e the a tte m p t, and failed. M r. C artier was applied to, w ith a precisely sim ilar result. H is Excellency then had recourse to Sir E tie n n e -fo rm e rly know n to us as C olonel - T ache. Since his retirem ent from th e G o v e rn m en t in N ovem ber. 1857, the C olonel h a d h a d th e dignity o f k n ig h th o o d conferred upon him by H er M ajesty. O f late he had not tak e n any very c onspicuous part in

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public affairs, th o u g h he h a d regularly a tte n d ed th e sittings o f the L egislative C ouncil, o f which - having been a p p o in te d u n d e r th e old s y s te m - h e w as a life m em ber. N o m an in th e c o u n try w as m ore highly respected. H e h a d been a p p ro ac h ed by th e late Prem ier, M r. J. S. M a c d o n ald , w ith a view to tak in g charge o f th e L ow er C a n a ­ d ian section o f th e C a b in e t. Sim ilar a p p ro ac h es h a d m o re recently been m ade by M r. F erguson-B lair. T o all o vertures S ir E tienne had h ith e rto responded c o u rte o u sly , b u t u n fa v o u ra b ly . H e h a d reached a n age w hen a m b itio n had no longer m uch sw ay over him . He loved quiet, a n d h a d no longing to u n d e rta k e th e b u rd e n o f c o n ­ stru c tin g a n d carry in g on a G o v e rn m en t, m o re especially in th e face o f m anifold difficulties. T h e m a tte r being pressed u p o n him in the light o f a public d u ty , how ever, a n d it being represented to him th at he, m o re th a n any m an in th e c o u n try , w as in a position to bring confidence to th e A d m in istra tio n , he consented to m ak e th e attem p t. H e put him self in c o m m u n ica tio n w ith M r. Jo h n A . M acdonald, w ho u n d e rto o k th e fo rm atio n o f the U p p e r C a n a d a section o f the A d m in istra tio n . T h e a rran g em en ts occupied som e days, a n d were a tte n d ed w ith no little difficulty, b u t they w ere finally successful, and o n [M a rch 30, 1864 th e T a c h e -M a c d o n a ld g overnm ent w as form ed. A fte r a b rief a n d precario u s existence it w as defeated a n d resigned on J u n e 14, 1864]------

C hapter 35

T he Birth O f the D om inion . . . P u b lic a ffa irs w e re lite ra lly a t a d e a d -lo c k . B o th p a rtie s h a d tried in vain to carry on th e G o v e rn m en t o f th e c o u n try . Successive dissolutions and elections h a d served no p u rp o se except to intensify th e spirit o f faction, a n d to a rra y th e c o n te n d in g parties m o re b itte r­ ly against each o th er. F o u r different m inistries h a d been con d em n ed w ithin little m o re th an tw o years. T h e state o f affairs seem ed h o p e ­ less, for th e co n stitu tio n itself w as m anifestly unequal to th e task im posed upon it. It w as how ever necessary th a t som eth in g should be done, a n d at once, as th e sessional business w as unfinished, and th e O ppo sitio n w ere im patient. O f th e various courses o pen to the G o v e rn m en t, th e o n e w hich seem ed to offer th e least unsatisfactory results w as a new election. It w as certain th a t no M inistry could be form ed th a t w ould c o m m a n d stro n g su p p o rt in the existing A ssem ­ bly, w hereas it w as ju st possible th a t a new ly-elected H ouse m ight be found less im practicable. M inisters accordingly advised a disso­ lution, w ith a view to a fresh appeal to th e people. H is Excellency, a fter deliberation, acted on th e advice, a n d gave them auth o rity to dissolve. But a m o re satisfactory w ay o u t o f th e difficulty presented itself, and o n e for w hich even th e m ost sanguine h a d n o t ven tu red to h o p e . O n th e 1 5 t h - t h e d a y a fte r th e m in iste ria l d e f e a t - M r . Brow n h a d a co n v ersatio n with M essieurs A le x an d e r M orris and Jo h n H enry P ope, m em bers respectively for S o u th L an a rk and C o m p to n in th e A ssem bly. H e deprecated th e d ead -lo ck , a n d ex­ pressed his opin io n th a t th e existing m inisterial crisis should be utilized “ in settling forever the constitu tio n al difficulties betw een U p p e r a n d L ow er C a n a d a .” H e also expressed his personal willing­ ness to co o p era te “ w ith th e existing o r any o th e r A d m in istra tio n ” th at w ould p ro m p tly a n d firmly deal w ith th e q u estio n . M r. Brow n had been C h a irm a n o f a P arliam en tary C o m m itte e w hich h a d been

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a p p o in te d som e tim e before, to ta k e into co n sid eratio n th e best m eans o f rem edying the g rav e difficulties w hich presented th e m ­ selves in c o n d u c tin g th e G o v e rn m e n t. T h e C o m m itte e h a d held eight m eetings, a n d h a d given careful co n sid eratio n to th e all-im ­ p o rta n t subjects w hich had com e before th em . T hey h a d reported th a t a stro n g feeling existed a m o n g th em , “ in favour o f changes in th e direction o f a federative system ,” applied e ith e r to C a n ad a a lo n e o r to all th e British N o rth A m erican Provinces. T h eir report had been h a n d ed in only a few h o u rs w hen th e m inisterial defeat occurred. T he tw o events th u s c o n cu rrin g in po in t o f tim e, seem ed to p re se n t a p e rtin e n t c o m m e n ta ry u p o n e ac h o th e r ; a n d M r. B ro w n ’s c onversation with M r. M orris a n d M r. P ope o n the fol­ low ing day a fforded a p ractical suggestion o f w hich th e tw o lastnam ed gentlem en availed them selves. T h ey w ere b o th tru ste d su p ­ po rters o f th e A d m in istra tio n , a n d M r. M orris had lo n g been an ad v o cate o f a F ederal U n io n o f th e Provinces. T hey o b tain e d M r. B row n’s perm ission to co m m u n ica te his views to M r. J . A . M ac­ d o n a ld a n d M r. G a lt. T he result w as th a t on F rid a y , th e 17th, the tw o gentlem en last nam ed w aited upon M r. B row n at his ro o m s in th e St. L ouis H o te l, w hen n egotiations w ere o p en ed w hich resulted in th e fo rm atio n o f th e m ost im p o rta n t coalition k n o w n to our history. T h e tw o M inisters in fo rm e d M r. B row n th a t they h a d been charged by th eir colleagues to invite his co o p era tio n in stre n g th e n ­ ing th e G o v e rn m en t, w ith a view to a settlem ent o f the c o n stitu tio n ­ al difficulties betw een th e tw o sections o f th e Province. M r. Brown stated th a t in his o p in io n n o th in g but th e extrem e urgency o f the circum stances, a n d th e h o p e o f p erm anently settling the sectional q u estio n , co u ld justify th eir m eeting to g eth e r w ith a view to c o m ­ m on political actio n . O n this p o in t his interlo cu to rs fully agreed w ith h im ; w hereu p o n M r. B row n rep eated , in effect, w h at h e had stated to M r. M orris and M r. P ope, b u t a d d ed th a t, for personal reaso n s, he co u ld not con sen t to enter th e A d m in istra tio n . T h ere is no need to go th ro u g h th e details o f the negotiatio n s ste p by step. T h ere w ere repeated conferences, a t w hich, in a d d itio n to th e three gentlem en already n a m e d . M essieurs T ac h e a n d C a rtie r to o k part. In a few day s th e basis o f th e m o m en to u s coalitio n w as agreed u p o n , a n d on th e 22nd th e fact w as a n n o u n c e d to P arliam en t. It w as settled th a t th e G o v e rn m en t should pledge them selves to bring in a m easure du rin g th e next session to rem ove existing difficulties by in troducing th e federal principle into C a n a d a , coupled w ith such provision as w ould perm it th e M aritim e Provinces a n d th e N o rth W est to be in co rp o ra te d in to th e sam e system o f go v ern m en t. R e p ­ resentatives w ere to be sent to th e M aritim e Provinces a n d to E ng­ la n d , to secure th e assent o f interests b e yond th e c o n tro l o f the C a n ad ian L egislature to such a m easure as w o u ld en ab le all British

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N o rth A m erica “ to be un ited u n d e r a general legislature, based u p o n the federal p rin cip le." M r. B row n’s objections to e ntering the M inistry were overcom e, a n d he now co n sen ted to e n te r it w ith two colleagues from U p p e r C a n a d a . It is hardly a figure o f speech to say th a t P arliam ent a n d the c o u n try were electrified at h earin g the a n n o u n ce m e n t th a t G eorge Brow n a n d Jo h n A . M a cd o n ald h a d agreed to sit side by side in the sam e C a b in e t. As m ight have been expected, there were wide diver­ gences o f o p in io n . A few persons disap p ro v ed o f th e federal schem e in to lo . O th e rs, c onspicuous a m o n g w hom were M r. A . A . D orion a n d M r. H o lto n , believed th a t th e tim e w as not ripe for such a project. M r. D orion w ould have co n sen ted to th e su b stitu tio n o f a federal union o f U p p e r and L ow er C a n a d a , in place o f th e existing legislative u n i o n .. . . A s for M r. Brow n him self, h e h a d a b u n d an t reason for self-g ratu latio n . T h e jo in t a u th o rity schem e which he had tim e a fte r tim e ad v o ca te d in th e A ssem bly, a n d w hich h a d been received by L iberal-C onservatives w ith ironical derision, h a d at last c o m m e n d ed itself to th e intelligence o f those very persons w ho had so c o n te m p tu o u sly laughed it dow n. It is d u e to M r. (J. A .) M ac­ d o n a ld to say th a t from th e tim e w hen he becam e a convert to the jo in t a u th o rity project he w as o n e o f its very ablest advocates. It w as u n d e rsto o d th a t th e alliance betw een th e o p p o sin g political parties w as to be m ain tain ed until th e project o f C on fed eratio n should be fully a cco m p lish ed ___ T h e discussion o f th e subject h a d not been con fin ed to C a n a d a . In N o v a S cotia, N ew B runsw ick a n d Prince E dw ard Island the idea o f a union betw een th em selves had long been u n d e r discussion, and in 1864 the L egislatures o f th o se Provinces h a d passed resolu­ tio n s au th o rizin g the ho ld in g o f a C o n v en tio n for th e purpose o f effecting th at object. T h e delegates w ere to m eet a t C h a rlo tteto w n , P .E .I., in th e follow ing S eptem ber. T h e new C o alitio n G o v ern m en t in C a n a d a determ ined to ta k e a d v an tag e o f th e o p p o rtu n ity th u s afforded, a n d to b ring before th e C o n v en tio n the m erits o f the larger schem e o f a general u nion o f all th e Provinces. Eight o f the M inisters accordingly proceeded to C h a rlo tteto w n at the tim e a p ­ pointed. T h o u g h they h a d no official sta n d in g at th e C onvention, which h a d been su m m o n ed to discuss a question in w hich C a n ad a h a d no direct c oncern, they w ere im m ediately u p o n their arrival invited to be presen t, a n d to express their views w ith th e utm ost freedom . T his, o f c o u rse, h a d been th e precise object o f their m is­ sion, a n d they accepted th e invitation as cordially as it had been given. T h eir rep resen tatio n s p ro d u ced such an effect u p o n the dele­ gates th a t, after rem aining in session som e days, it w as resolved th at th e C o n v en tio n sh o u ld a d jo u rn to a d a te to be fixed by th e G o v e rn o r-G e n e ra l, w hen th e m em bers should re-assem ble at Q uebec, to

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confer w ith C a n a d ia n representatives on th e question o f a general u n io n . O n this u n d e rstan d in g th e proceedings a t C h a rlo tteto w n cam e to a n e n d . T h e C a n a d ia n em issaries th en proceeded to H ali­ fax, a n d thence to St. Jo h n , at b o th o f w hich to w n s they did m uch to influence public opin io n by m eans o f able speeches delivered at b an q u ets held in th eir h o n o u r. U p o n th eir re tu rn to C a n a d a they form ally advised his Excellency o f w h at they h a d accom plished , and re c o m m e n d e d th e n a m in g o f a n e arly d a y fo r th e m ee tin g at Q uebec. His Excellency accordingly fixed u p o n th e 10th o f O c to ­ ber, a n d notified th e respective L ie u ten a n t-G o v ern o rs o f N o v a Sco­ tia , N ew B runsw ick, Prince E d w a rd Island a n d N e w fo u n d lan d . O n th e d a te indicated th e Q uebec C o n feren ce w as o p e n e d .. . . T h e C onference lasted until th e 28th o f th e m o n th . R esolutions em bodying th e principal p o in ts o f c o n fed e ratio n , b u t differing in som e m aterial respects from those w hich finally form ed th e basis o f Im perial legislation, were a d o p te d . T h e d eliberations having been b ro u g h t to a close, th e delegates from th e M aritim e Provinces were hospitably en te rta in ed in so m e o f th e principal C a n a d ia n tow ns, a fter w hich they repaired to th eir hom es. E ach body o f Provincial delegates sto o d pledged to use th eir u tm o st endeavours to secure the co n cu rren ce o f th eir respective L egislatures in th e project w hich had been ad o p te d . C ertain d ep red a tio n s c o m m itte d by S o u th ern refugees during the a u tu m n caused a good deal o f tem p o rary excitem ent in C a n a d a , a n d did not ten d to im prove th e far from co rd ial feeling th a t existed betw een us a n d o u r n e ig h b o u rs a c ro ss th e lin es. D u rin g th e progress o f th e G re a t R ebellion m any S o u th e rn ers fo u n d C a n a d a a m ore congenial place o f a b o d e th a n their ow n land. T h ey m et with m u ch frie n d lin e ss a n d s y m p a th y , f o r - m o r e e sp e cially sin c e th e T rent a ffa ir [late 1861] - C a n a d ia n s generally favoured th e S o u th ­ ern cause. A s th a t cause grew m o re a n d m ore desperate, its a d h er­ ents becam e reckless, a n d form ed various plots w ith a view to the discom fiture o f th e N o rth . S om e o f these plots doubtless h a d their origin in a n undisciplined a n d m isdirected p atrio tism . O thers w ould seem to have been d ictated by a spirit o f d o w n rig h t sp o liatio n and ro b b ery , a n d o u r c o u n try w as m ade th e base o f o p e ratio n o f som e o f th e least justifiable. T h e contiguity o f C a n a d a to th e States facili­ tate d th e m ac h in atio n s o f th e p lotters, a n d th e stro n g sym pathies o f th e C a n a d ia n people seem ed to prom ise im m unity from p unish­ m e n t. D u rin g th e s u m m e r o f 1864 a sc h e m e w as a rra n g e d by a n u m b er o f th e refugees fo r th e c a p tu re o f som e o f th e steam ers plying on L akes Erie a n d O n ta rio , a n d belonging to A m erican m erch an ts. In S eptem ber tw o vessels w ere actually seized a n d partly plun d ered . A few w eeks later a raid w as m ad e on St. A lb an s, a little tow n in V e rm o n t, n e ar th e frontier, by tw enty-three S outherners

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u n d e r th e c o m m a n d o f B ennett H . Y o u n g , a n e x-C onfederate sol­ dier. T h e raiders p lundered th ree o f th e local b a n k s, sh o t o n e o f the cashiers, a n d escaped to C a n a d a w ith $ 2 3 3 ,0 0 0 bo o ty . T his w as a p roceeding w hich th e C a n a d ia n au th o ritie s co u ld not ignore. C o m ­ panies o f volunteers were d istrib u te d along th e frontier to prevent any fu rth e r breaches o f th e neutrality law s, a n d fourteen o f the culprits were a rrested at the instance o f th e A m erican au thorities, w h o d e m a n d e d th e ir e x tra d itio n u n d e r th e A s h b u rto n T re a ty . Ju d g e C o u rso l, o f M o n tre al, before w h o m th e enquiry to o k place, discharged the p risoners from custody on technical g ro u n d s. A b o u t $ 9 0,000, being p a rt o f th e cash plu n d ered at St. A lb an s, had been fo u n d u p o n th eir persons at th e tim e o f th eir a rre st. T his w as now retu rn ed to th em , b u t eventually h a d to be acco u n te d for a n d paid by th e C a n a d ia n G o v e rn m e n t. A fte r th e ir d isc h a rg e by Ju d g e C o u rso l, several o f th em w ere re-arrested a n d tried before th e S upe­ rio r C o u rt a t M o n tre al. It w as claim ed o n their b e h alf th a t they had th ro u g h o u t acted u n d e r instructions from th e C o n fe d era te G o v e rn ­ m ent. T h e C o u rt decided th a t they w ere belligerents, a n d as such n ot a m en ab le to e x tra d itio n u n d e r th e charge as instituted. T hey w ere accordingly once m o re set at liberty early in th e sp rin g o f 1865. T h e A m erican G o v e rn m en t declined to press th e m atter fu r­ th er, b u t th e C a n a d ia n au th o ritie s h a d several o f th em re-arrested a n d sent to T o ro n to , to be tried for a breach o f th e neutrality laws. Public o p in io n in M ontreal was so decidedly in favour o f the S o u th ­ erners th a t it w as believed an im partial trial w as not to be h a d there; a n d to th a t belief th e action o f th e G o v e rn m en t in c hanging th e ven­ ue w as dou b tless a ttrib u ta b le . A fter exam ination before th e R ecorder o f T o ro n to , all th e p risoners except Y o u n g w ere discharged from c u sto d y fo r w a n t o f su ffic ie n t e v id e n c e to ju s tify th e ir d e te n tio n . Y o u n g w as form ally c o m m itte d fo r trial, but w as a d m itte d to bail. A fter so m e m o n th s o f delay a n olle p ro seq u i was en tered in th e case; a n d th a t w as th e last o f th e S t. A lbans R aid p ro s e c u tio n s .. . . T h e session [of 1865] lasted nearly tw o m o n th s, th e greater p art o f it being tak e n up by d eb ates on th e g reat schem e w hich, for the tim e, o v ersh ad o w ed every' o th er. T h e stren g th o f th e G o v ern m en t w as o v e rw h e lm in g [a n d o n M a rc h 10, 1865 th e c o n fe d e ra tio n schem e w orked o u t at th e Q uebec C onference w as carried by a vote o f 91 to 3 3 ] . . . . All th ro u g h th e y e ar 1865 various ru m o u rs w ere afloat as to a co n te m p la te d invasion o f C a n a d a from th e U nited States by the F enian B ro th erh o o d . T h e close o f th e S o u th ern rebellion had set free a h o rd e o f tu rb u le n t spirits, m any o f w h o m w ere Irish by birth o r extractio n . T h e ir experience in th e A m erican a rm y h a d given them a d istaste for th e o rd in a ry p u rsu its o f life, a n d , u n d e r the direction o f a d v e n tu ro u s a n d unprincipled leaders, they h a d for

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som e m o n th s past been form ing plans for th e liberation o f Ireland from th e “ th ra ld o m o f th e S a x o n ." A s a step in th a t direction they conceived the idea o f m ak in g a descent upon C a n a d a , a n d o f m a k ­ ing it th e base o f th eir o p e ratio n s against E ngland. T h a t they really expected to succeed in such an u n d e rta k in g , w ith such m eans as they h a d at their c o m m a n d , seem s alm ost incredible: b u t anything w as b e tte r in th eir e stim a tio n th a n settling do w n to honest lab o u r, a n d it w as resolved th at th e enterprise sh o u ld at any rate be a t­ tem p ted . T hey w ere p erm itted to m ake their p re p a ra tio n s openly, a n d there w as no pretence o f secrecy as to their intentions. In C a n a d a there w as a disposition to treat th e m ovem ent w ith c o n ­ te m p t, but p re ca u tio n s w ere nevertheless ta k e n , a n d volunteers were c a lle d 'o u t, w ho responded to th e call w ith cheerful alacrity. Such w as th e state o f affairs w hen th e w inter o f 1865-6 w as ushered in. [D u rin g the sp rin g o f 1866 th e C a n ad ian b o rd e r w as th rea te n e d byF enians at several points. In cu rsio n s o ccurred a n d w ere successfully resisted. T hese frightening th rea ts a n d law less assaults did m uch to intensify C a n ad ian p a trio tism , a sentim ent th a t inevitably stre n g th ­ ened th e confederation m ovem ent], . . . T h e C o n fe d era tio n project h a d m eanw hile been considerably advanced in N ew B runsw ick a n d N o v a Scotia [w here opposition h a d been stro n g e n ough to p roduce electoral defeat for c onfedera­ tio n in N ew B runsw ick a n d a political sta le m ate in th e o th e r m ain­ lan d c o lony]. In th e fo rm er there h a d been a n o th e r appeal to the people, a n d th e advocates o f C o n fe d era tio n h a d w on th e day. In N o v a Scotia th e schem e h a d enco u n tered serious o p p o sitio n , but h a d finally b e en c a rrie d by a c o n s id e ra b le m a jo rity in th e Local L egislature. Prince E dw ard Island still c o n tin u ed hostile, a n d N ew ­ fou n d lan d listless. C a n a d a . N o v a Scotia and N ew B runsw ick ac­ cordingly determ ined to proceed w ith th e schem e on their ow n a cco u n t, leaving th e tw o Island Provinces to follow at their leisure. In N ovem ber (1866) a C a n a d ia n d e p u ta tio n , consisting o f M es­ sieurs (J. A .) M a c d o n ald . C a rtie r, G a lt. H o w lan d , M cD ougall and L angevin, repaired to E ngland, w hither they had been preceded by representatives from each o f th e o th e r tw o Provinces interested. T he N o v a Scotia delegates were M essieurs T u p p e r, H e n ry , A rchibald, M cC ully, a n d th e present C h ief Justice o f th e S uprem e C o u rt o f the D o m in io n , Sir W illiam Jo h n sto n R itchie, w ho w as then SolicitorG eneral o f th e Province. T h e N ew B runsw ick representatives were M essieurs Tilley, F isher, M itchell, Jo h n sto n a n d R o b ert D uncan W ilm ot, th e last-n am ed gentlem an being the present L ieu ten an tG o v e rn o r. All the delegates assem bled a t the W estm inster Palace H otel on th e 4th o f D ecem ber, w hen M r. M a c d o n ald w as elected c h airm a n , a n d th e C onference w as duly organized. L o rd M onck reached L o n d o n from C a n a d a d u rin g th e m o n th , a n d lent his as­

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sistance to the delegates, as well as to th e Im perial G o v e rn m en t. T h e C onference sat until th e 24th o f D ecem ber, by which tim e all th e im p o rta n t details h a d been discussed a n d finally adjusted. C e r­ tain concessions were m ade to th e M aritim e Provinces, a n d various m odificatio ns w ere m ad e in the resolutions passed by th e Q uebec C onference in 1864, b u t th e project rem ained in all essential re­ spects u nchanged. In con ju n ctio n with the Im perial law officers, the C onference then prep ared certain d ra ft Bills, which w ere subse­ quently a m alg am ated into a h a rm o n io u s w hole, a n d subm itted by the Im perial G o v e rn m e n t to P arliam ent, w hich m et on th e 5th o f F e b ru a ry , 1867. O n th e 29th o f M arch follow ing, th e am algam ated Bill, having passed th ro u g h all its stages in b o th H ouses, received the royal assent. A fortnight l a t e r - o n th e 12th o f A pril - a n o th e r Im perial A ct w as passed au th o rizin g th e C om m issioners o f the T reasu ry to g u a ran tee interest on a loan not exceeding £ 3 .0 0 0 ,0 0 0 sterling, for th e co n stru ctio n o f a n intercolonial railw ay betw een H alifax a n d th e St. L aw rence. T h is project, w hich had been so m any years u n d e r discussion, had at last becom e a political necessi­ ty, a n d could no longer be p o stp o n e d . T h e colonial delegates, h a v ­ ing a c c o m p lish e d th e o b je c ts o f th e ir m issio n , re tu rn e d t o th e ir hom es. H er M ajesty w as em pow ered to give effect by pro clam atio n to th e C o n fe d era tio n A ct - technically know n as “ th e British N o rth A m erica A ct, 1867” - a n d in accordance w ith this provision a royal p ro c la m a tio n w as issued at W in d so r C astle on th e 22nd o f M ay, ap p o in tin g the first o f July follow ing as th e date upon which it sh o u ld c o m e into force. T h e A ct p rovided th at th e three Provinces th ere to fo re know n as C a n a d a , N ova Scotia and N ew B runsw ick, should form a n d be O n e D o m i n i o n , u n d e r th e n a m e o f C a n a d a . T h e D o m in io n was divided into fo u r Provinces, nam ed O n ta rio , Q uebec. N o v a Scotia a n d N ew B runsw ick: th e b o u n d a rie s o f O n ta rio a n d Q uebec c o rre ­ sp o n d in g with those o f th e old Provinces o f U p p e r a n d Low er C a n a d a , a n d th e b o u n d a rie s o f N o v a Scotia a n d N ew B runsw ick rem aining u n ch an g ed . T he executive au th o rity a n d the c o m m a n d o f all naval a n d m ilitary forces w ere c o n tin u ed a n d vested in the Q ueen a n d her successors, represented by th e G o v e rn o r-G e n era l o r o th e r c h ie f executive officer o r a d m in istra to r for th e tim e being. Provision w as m ad e fo r the con stitu tio n o f a C o u n c il, to be styled th e Q u e e n ’s Privy C ouncil for C a n a d a , to aid a n d advise in c a rry ­ ing on th e G o v e rn m en t. T h e m em b ers were to be chosen by the G o v e rn o r-G e n e ra l, a n d to be rem ovable at his pleasure. O ttaw a w as declared to be th e Seat o f G o v e rn m en t until th e Q ueen should otherw ise direct. T h e legislative pow-er w as vested in a P arliam ent, con sisting o f th e Q u een , an U p p e r H ouse called th e S enate, a n d a H ouse o f C o m m o n s. It w as declared th a t there sh o u ld be a session

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o f P arliam ent once a t least in every y ear, so th a t tw elve m onths should not elapse betw een session and session. T h e elective system in tro d u ced by th e A ct o f 1856 w ith respect to m em bers o f the U p p e r H ouse w as a b a n d o n e d , a n d it w as p rovided th a t th e Senate, to consist o f 72 life m em bers - 24 for O n ta rio , 24 for Q uebec, and 12 for each o f th e tw o M aritim e P r o v in c e s -s h o u ld be a p p o in te d by th e C ro w n . P rovision w as m a d e for increasing th e m em bership, but th e n u m b er w as at no tim e to exceed 78 [unless ad d itio n al provinces jo in e d th e u n io n ). W ith respect to the H ouse o f C o m m o n s, the principle o f R epresentation by P o p u la tio n w as a d o p te d . T h e basis chosen for th e original adjustm ent w as th e census o f 1861; but it w as provided th a t th ere sh o u ld be a read ju stm en t in 1871 a n d every ten y ears thereafter, upon th e tak in g o f th e periodical census. T he representation o f th e Province o f Q uebec w as perm an en tly fixed at 65 m em bers, a n d th a t o f each o f th e o th e r Provinces w as to bear th e sam e relation to th e p o p u la tio n th e re o f th a t 65 sho u ld from tim e to tim e b e a r to th e p o p u latio n o f Q uebec. T h e entire represen­ tatio n w as for th e tim e placed at 181, m ad e up o f 82 m em bers for O n ta rio , 65 for Q uebec, 19 for N o v a S cotia, and 15 for New Brunsw ick. P rovision w as m ade for increased re p resen tatio n , but th e p ro p o r tio n fixed by th e A c t w as n o t to be d is tu r b e d . T h e d u ra tio n o f a H o u se o f C o m m o n s w as n o t to ex ceed five y e ars. Except as otherw ise pro v id ed , all existing law s a n d regulations, ju d icial. Parliam entary- a n d sta tu to ry , were co n tin u ed . C o n stitu tio n s w ere also p ro v id ed for th e fo u r Provinces included in th e D o m in io n . A L ie u te n a n t-G o v e rn o r, w ith a salary fixed and provided by th e F ederal P a rlia m en t, w as assigned to each Province. A local L egislature, th e c o m p o sitio n w h e reo f w as adjusted to the preferences o f th e in h ab itan ts, w as also assigned to each. T h u s, the Legislature o f O n ta rio w as m ad e to consist o f th e L ie u ten a n t-G o v ­ e rn o r a n d a single C h a m b e r, called the Legislative A ssem bly. T w o ch am b ers, consisting o f a C ouncil and A ssem bly, w ere assigned to each o f th e o th e r Provinces. T h e ju risdiction o f the local Legisla­ tu res w as restricted to internal affairs, w hereas th a t o f th e Federal P a rlia m e n t w a s e x te n d e d to m a tte rs a ffe c tin g th e D o m in io n at large. Provision w as m ade by th e A ct for th e adm ission o f th e o th er British N o rth A m erican Provinces into th e C o n fe d era tio n , in case such adm ission sh o u ld be so u g h t on the o n e h a n d and a p p ro v ed o f on th e o th er. It w as m o reo v er declared to be th e duty o f th e G o v ­ e rn m e n t a n d P arliam ent o f C a n a d a to p ro m p tly begin a n d proceed w ith th e co n stru ctio n o f th e Intercolonial R ailw ay. Such are the m ost im p o rta n t provisions o f th e British N o rth A m erica A ct. T h e royal p ro c la m a tio n o f M ay 22nd a n n o u n ce d th e nam es o f th e 72 S en ato rs w hose a p p o in tm e n t h a d been p rovided for, and w ho consisted o f 36 C onservatives and 36 R eform ers. T h e birthday

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o f th e D o m in io n w as looked fo rw ard to with so m e e x p ectatio n , and u p o n its arrival it w as celebrated as a holiday th ro u g h o u t th e land. O n th e sam e d a y L o rd M onck issued a p ro c la m a tio n a n n o u n cin g his a p p o in tm en t as G o v e rn o r-G e n e ra l o f th e new D o m in io n . It was deem ed fitting th a t th e G o v e rn o r under w hose re g im e C o n fe d era ­ tion h a d been b ro u g h t a b o u t sh o u ld enjoy w hatever h o n o u r per­ tain ed to in au g u ratin g the new system . His Excellency in like m a n ­ n er considered th a t M r. M a c d o n ald w as entitled to th e h o n o u r o f form ing th e first A d m in istra tio n o f th e D o m in io n , a n d he a cc o rd ­ ingly c o m m itte d th e task to his h ands. M r. M acd o n ald recognizing th e necessity o f a stro n g G o v e rn m en t, resolved to form a coalition, a n d to bring to g eth er, irrespective o f p a rty co n sid eratio n s, those gentlem en w ho represented m ajorities in th e respective Provinces to which they belonged. “ I do not w an t it to be felt by any section in th e c o u n try ,” said he, " th a t they have no representative in the C a b in e t, a n d no influence in th e G o v e rn m en t. A n d as there are now- no issues to divide parties, a n d as all th a t is required is to have in th e G o v e rn m en t th e m en w ho are best a d a p te d to put th e new m achinery in m o tio n , I desire to ask th o se to jo in m e w ho have the c onfidence and represent th e m ajorities in th e various sections, o f th o se w ho were in fav o u r o f th e a d o p tio n o f this system o f go v ern ­ m ent, a n d w ho wish to see it satisfactorily carried o u t.” A s m atter o f fact the m em bership o f th e new G o v e rn m en t h a d been arran g ed som e tim e before, a n d the nam es unofficially a n n o u n ce d to the c o u n try . T hey w ere now a n n o u n ce d o ffic ia lly .. . . L o rd M o n ck , having been sw orn into office by C h ief Justice D ra p e r, in the C h a m b e r o f th e E xecutive C ouncil, at O tta w a , a n ­ n ounced th at H er M ajesty h a d instructed him , th ro u g h the C o lo n i­ al Secretary, to c onfer th e title o f K night C o m m a n d e r o f th e Bath on th e H o n . Jo h n A . M a c d o n ald , a n d th e title o f C o m p an io n o f the B ath on M essieurs C a rtie r, G a lt, M c D o u g a ll, H o w lan d , Tilley and T u p p e r, for their distinguished services in bringing a b o u t C o n fe d era ­ tio n . M r. C a rtie r a n d M r. G a lt declined th e proffered h o n o u r, and this unequal d istrib u tio n o f im perial dignities led to th e first a n d only serious ru p tu re th at ever to o k place betw een M essieurs M acdonald a n d C a rtie r. T h e la tte r considered him self slighted in not receiving h o n o u rs o f equal dignity w ith those conferred u p o n M r. M acd o n ald . H e a ttrib u te d th e slight to th e advice o f his q u o n d a m ftd u s A c h a te s, and he felt th a t he had deserved b e tte r things a t th e h an d s o f one w ho had for years carried o n the G o v e rn m en t o f C a n a d a by m eans o f m ajorities o b tain e d th ro u g h his, M r. C a rtie r’s, instrum entality. M r .h e nceforw ard S ir Jo h n - M a cd o n ald set h im self to repair th e d ip lo ­ m atic blu n d er th a t had been c o m m itte d . A y e ar later M r. C a rtie r was c reated a b aro n et o f th e U nited K ingdom - a higher dignity than had been conferred on S ir Jo h n . T h is did som eth in g to m ollify th e recipi­

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ent, w ho how ever felt as th o u g h rep ara tio n had only been m ad e u n ­ der pressure, a n d w as n o t disposed to value his new ly-acquired digni­ ty so highly as if it h a d been spon tan eo u sly con ferred . In a w ord, the golden bow l h a d been shivered, a n d th e relations betw een him and Sir Jo h n w ere never again o f th a t truly co rd ial n a tu re which had subsisted betw een them in th e old days w hich, in m o re senses than on e, h a d forever passed aw ay. W ith th e sw earing-in o f th e new M inistry th e old one o f course cam e to an e n d . C o n fe d era tio n h aving been fully accom plished, the con d itio n s o f th e c o m p a ct e ntered into betw een th e rival political parties in 1864 were fulfilled, a n d th e c o m p a ct itself w as ended. A n o th e r event th a t m ark ed th e birth d ay o f the D o m in io n w as the a p p o in tm en t by th e Federal G o v e rn m en t o f th e first L ieutenantG o v e rn o rs o f th e fo u r Provinces. T h e a p p o in tm en t for Q uebec was conferred upon Sir N . F . Belleau. In the o th e r three Provinces the senior m ilitary officers w ere tem p o rarily a p p o in te d to act. M ajorG en eral H enry W illiam Stisted th u s becam e first L ie u ten a n t-G o v ­ e rn o r o f O n ta rio , L ie u ten a n t-G en e ral Sir. W . F . W illiam s o f N ova S cotia, a n d M a jo r-G en e ra l C h arles H astings D oyle o f N ew B runs­ w ick.

C hapter 36

Conclusion . . . . II it c a n n o t be m ain tain ed th at C o n fe d era tio n has acco m ­ plished all th a t w as expected from it by its pro jecto rs, th ere is a t any rate no d o u b t th a t it has been attended with highly beneficial re­ sults. It enabled us to tide o v er a n e m b arrassin g crisis in o u r histo ­ ry .1 It has been th e m eans o f developing o u r resources, a n d o f stim ulating o u r tra d e a n d m an u factu res. It h a s given birth to im p u l­ ses w hich have rapidly developed them selves into a sp iratio n s a fte r a national existence. T h e new o rd e r o f things h a d not been launched m any years before a little p arty sp ra n g into being having for its avow ed object th e fostering o f a C a n a d ia n national spirit. It was chiefly co m p o sed o f yo u n g m en, all o f w hom were possessed o f intelligence, learning, a n d general abilities for above th e average. It form ulated no e la b o rate policy, a n d gave no h int o f any severance o f th e c onnection w ith th e m o th e r c o u n try , b u t it adv o cated the consideratio n o f C a n ad ian interests in preference to all o th ers, and a d o p te d th e significant m o tto o f “ C a n a d a F irst.” T he c h ara cte r o f its a d h ere n ts gave it a n im p o rta n ce to w hich it w ould not have been entitled by reason o f its m ere num erical stren g th . A weekly paper called T h e N a tio n w as founded at T o ro n to u n d e r its auspices, and w as c o n d u cted w ith g reat ability, so far as the editorial departm ent w as concerned, for several years. But there a p p ea rs to have been no a tte m p t at concerted o rg a n iz atio n , and it w as d iscouraged by both the g reat political parties o f the lan d ; so th a t erelong th e “ C a n ad a First m ovem ent died o u t. T h e seed, how ever, had been sow n, and a national spirit has ever since been a b ro a d in th e lan d , m ore especially a m o n g th e vo u n g m en: th e generation to w hose h an d s the future destinies o f C a n a d a m ust inevitably be c o m m itte d . U p o n one subject all thin k in g m en are agreed: th e relations at present existing betw een C a n a d a a n d G re at Britain are not destined to be p e rm a ­ nent. Som e m odification in th o se relations is inevitable. M any years

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m ay possibly elapse ere it shall becom e necessary to ta k e the ques­ tion in to practical c o n sid era tio n , but th a t such a tim e w ill c o m e is no longer disputable. It seems to be adm itted o n all h a n d s th a t the pro b lem will be solved in o n e o f three ways: by a general federation o f th e British E m pire; by th e a n n ex atio n o f C a n a d a to th e U nited States; o r by th e establishm ent o f C a n a d ia n independence. T he first-nam ed project is co m m o n ly regarded as im practicable, though it has pow erful a dvocates o n b o th sides o f th e A tlan tic, including Ju stin M c C a rth y in E ngland a n d E dw ard B lake in C a n a d a . W ith respect to an n ex a tio n , the idea h a s never found m uch acceptance in C a n a d a . Even in 1849, w hen th e m ovem ent reached its height, it w as for th e m ost p a rt c o nfined to a p o rtio n o f th e m ercantile co m m u n ity o f M ontreal a n d som e o f th e larg er tow ns. F ro m th at tim e do w n to th e present, th e idea o f a n n ex atio n c a n n o t be said to have o b tain e d any fo o th o ld w hatever a m o n g us. T o th e institutions o f th e U nited S tates, w h e th er political o r social, C a n a d ia n s general­ ly entertain a stro n g aversion. T h e idea o f independence, on the o th e r h a n d , a p p ea rs to have tak e n a tolerably firm hold o f th e m ind o f Y o u n g C a n a d a . T h e ra p id d e v e lo p m e n t o f th e N o rth -W e s t which has ta k e n place o f late years has undo u b ted ly d o n e m uch to en co u rag e this idea. W e have becom e alive to th e fact th a t o u r resources are alm o st boun d less. O u r enlarged capabilities have be­ com e a p p are n t to us, a n d h av e begotten enlarged desires for national freedom : freedom to legislate for ourselves w ith o u t reference to M inisters w ho are im perfectly inform ed as to o u r needs; freedom to negotiate treaties w hich p rim arily concern ourselves. T h o u g h we have as yet h a d n o very b itte r experiences o f th e evils o f living in a sta te o f dependence, th e d a y o f trial is certain to arrive so o n e r o r later. T h o u g h w e enjoy a large m easure o f self-governm ent, o u r laws are subject to disallow ance by Im perial M inisters w ho have no responsibility to us, a n d w h o are w holly b e yond o u r influence o r c o n tr o l .. . . [W e] have lost heavily by o u r inability to m ak e treaties w ith foreign n atio n s as to m atters affecting o u r ow n w elfare. It is tolerably certain th a t w henever we m ay wish to c u t th e tie that binds us to th e m o th e r c o u n try we shall be p erm itted to d o so w ith o u t o p p o sitio n . T his, it w ould seem , is likely to be o u r true “ u ltim ate destin y ,” a n d n o t th a t o th er undesired a n d undesirable fate w hich has com m only been predicted for us in c onnection with th e phrase. W ith natio n s, as w ith individuals, their future is largely in their ow n keeping. “ Let each o f us have faith in th e rest, a n d cultivate a b ro a d feeling o f regard for m utual w elfare,” says o n e o f o u r own w riters [W . A . F o ster]. “ T h u s stim ulated a n d th u s strengthened by a co m m o n belief in a g lo rio u s future, a n d w ith a c o m m o n w atch-

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w o rd to give unity to th o u g h t a n d po w er to e n d ea v o u r, w e shall a tta in th e fruition o f o u r cherished hopes, a n d give o u r beloved c o u n try a p ro u d position a m o n g th e n atio n s o f th e e a rth .”

Notes (F ootnotes that appeared in the original edition are marked with an asterisk.) 5: 1 The official residence, in Kingston, o f the Governor-General. “ There were at least five if not six parties in the House, three from each Province. In Upper Canada there w^re, 1st, the old Conservative party led by Sir Allan M acNab: 2nd, the Ministerial party, comprised chiefly o f Reformers, with a few moderate Conservatives, under the leadership o f Mr. Attorney-General Draper and Mr. Secretary Har­ rison; 3rd. the Reformers who followed the lead o f Mr. Baldwin, numbering six to eight. In Lower Canada there were, 1st, the Re­ formers o f French and Irish origin, with their allies o f the British par­ ty, 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 o f them had a decided bias in favour ol a Liberal policy, while others were as decidedly Conservative” . - See Sir Francis Hincks's lecture on "The Political History o f Canada , pp. 22, 23.

cha pter

7: 1 Bagot arrived in Kingston, via New York, on January 10, 1842 and was sworn into office two days later.

CH APTER

cha pter

8:

1 Sir Richard Downes Jackson waS administrator o f Canada from the death o f Sydenham until the arrival o f Bagot. CH APTER 9:

1 The British authorities gave a very reluctant approval to Bagot's ac­ tion. As Lord Stanley expressed it: “ We do not disapprove your poli­ cy.” It is clear from Stanley's despatch, however, that this grudging approval was given only because o f Bagot's fait accompli and the dif­ ficulties that would be involved in repudiating the Governor-General. See Chester Martin, Empire and Commonwealth (Oxford. 1929). 276. C H A P T E R 10:

*' See the well-known epitaph on Lord Metcalfe, by Macaulay. C H A P T E R 17:

1 The Webster-Ashburton Treaty o f 1842 did not define the AngloAmerican boundary through the disputed territory west o f the Rock­ ies. During the mid-1840s many British North Americans feared that this dispute might produce a full-scale international crisis. The prob­ lem was solved however by the Oregon Treaty o f 1846 which (for the most part) defined Canada’s southern frontier in the far west. Earl

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Cathcart's retention o f the Governor-generalship was rendered unecessary by the consequent easing o f Anglo-American tensions. 21: 1 The Canadian Assembly was controlled by Conservatives in 1846. In May it had petitioned the Home Government, expressing strong sup­ port for the continuation o f protection. The Canadian Conservatives, commented G . N. Tucker, “ had opposed the repeal o f the Com Laws with all the means at their disposal.. . . " (Gilbert Norman Tucker. The Canadian Commercial Revolution 1845-1851, The C ar­ leton Library, No. 19. Toronto, 1964, 79). Tories feared that free trade would destroy Canadian prosperity by inadvertently giving an advantage to certain competing United States interests, especially in transportation costs.

CHAPTER

chapter

22:

1 In addition to the Rebellion Losses Bill, discussed below, the more important acts o f the 1849 Session were: the Chancery Act, the Mu­ nicipal Corporations Act, the University Act and an act guaranteeing the interest on loans o f provincially chartered railways at least seventyfive miles long. A Court o f Queen's Bench was established in Lower Canada, the Court o f Common Pleas and the Court o f Error and Appeal were established in Upper Canada and legislation was passed relating to customs duties, immigration and education. CH APTER 2 6 :

1 As a consequence of the 1849 riots, Montreal ceased to be the seat of government. Because of the difficulty in selecting a permanent site it was decided to alternate the capital between Toronto and Quebec City. The Session o f 1850 met in Toronto. The perambulating system was retained until Ottawa was proclaimed the permanent seat o f gov­ ernment on October 20. 1865. CH A P T E R 2 7 :

' Mackenzie was elected for Haldimand in a by-election in April 1851. He defeated several candidates including George Brown. CHAPTER 29:

1 The term "Inspector-General" was used until 1859 when the title "M inister o f Finance" was introduced. CH APTER 33:

1 Queen Victoria had been asked earlier in 1857 to choose Canada's capital. 36: 1 This is a somewhat obscure reference. Dent could be referring to the general political malaise o f the mid-1860s or he might be referring to one o f several post-confederation crises: the Red River Resistance of 1869-70, the international crisis resolved at Washington in 1871 or the Pacific Scandal.

chapter

S u g g e s tio n s F o r F u r t h e r R e a d in g

J . M . S. C areless, T h e Union o f th e C a n a d a s: T h e G row th o f C a ­ nadian In stitu tio n s , 1841-1857 (T o ro n to , 1967) a n d W . L . M o r­ to n , T h e C ritic a l Years'. T h e U nion o f B ritish N o rth A m e ric a , 1857-1873 (T o ro n to , 1964) a re recent w orks th a t survey th e years o f th e U n io n , synthesize m uch secondary m aterial a n d provide lengthy b ibliographies o f prim ary a n d secondary m aterials. E xam ples o f o ld e r in te rp reta tio n s o f th e 1840s are fo u n d in J. L . M o riso n , B ritish S u p re m a c y a n d C anadian S e lf-G o v ern m e n t, 1839-54 (T o ro n to , 1919), W . P. M . K e n n ed y , T h e C o n stitu tio n o f C anada (O x fo rd , 1922) a n d C h ester M a rtin , E m p ire a n d C o m ­ m o n w e a lth : S tu d ie s in G overnance a n d S e lf-G o v ern m e n t in C ana­ da (O x fo rd , 1929). S om e m o re recent w o rk on th e 1840s is excel­ lent. V. J. Jensen h a s w ritten “ L afo n tain e a n d th e C a n ad ian U n ­ io n ,” C anadian H isto ric a l R eview , 1944 a n d “ L afo n tain e and 1848 in C a n a d a ,” C a n ad ian H istorical A ssociation, A n n u a l R e ­ p o rt, 1948. W illiam O rm sb y , T h e E m e rg en c e o f th e F ederal C o n ­ cep t in C anada, 1839-1845 is an im p o rta n t w ork o f revision. Jacques M o n et h a s m ad e a significant c o n trib u tio n to o u r kn o w l­ edge o f th e 1840s. See in p a rticu la r his T h e L a s t C annon S h o t: A S t u d y o f F r e n c h -C a n a d ia n N a tio n a lis m , 1 8 3 7 -1 8 5 0 ( T o r o n to , 1969), “ Les idees politiques de Baldw in et d e L a F o n ta in e ,” in M arcel H am elin, e d ., T h e P o litica l Ideas o f th e P rim e M in iste rs o f C anada (O tta w a , 1969) a n d “ T h e 1840s” in J . M . S. Careless, e d ., C olo n ists a n d C anadiens, 1760-1867 (T o ro n to , 1971). M arcel R ioux, Q uebec in Q uestion (T o ro n to , 1971) a n d L ean d re Berge­ ro n , T h e H isto ry o f Q uebec: A P a trio te 's H a n d b o o k (T o ro n to , 1971) include p rovocative suggestions a b o u t th e 1840s a n d o th er periods o f C a n a d ia n h istory. E lizabeth N ish , e d .. R a cism o r R e ­ sp onsible G overnm ent: T h e F rench C anadian D ilem m a o f the 1 8 4 0 s ( T o r o n to , 1967) r e p rin ts m u ch u sefu l m a te ria l. C ra ig B row n, ed., U pper C anadian P o litics in th e I8 5 0 's (T o ro n to , 1967) includes several excellent articles. T w o fine acc o u n ts o f c o n ­ federation are P. B. W aite, T h e L ife a n d T im e s o f C onfed era tio n , 1864-1867 (T o ro n to , 1962) a n d D o n a ld C re ig h to n , T h e R o a d to C o n fed e ra tio n : T h e E m e rg en c e o f C anada, 1863-1867 (T o ro n to , 1964). N u m e ro u s specialized w o rk s are invaluable for the study o f the U nio n : M ason W ad e , T h e F rench C anadians, 1760-1967, vol. 1 (T o ro n to , 1968), Paul G . C o rn e ll, T h e A lig n m e n t o f P olitical G roups in C anada, 1841-1867 (T o ro n to , 1962), E. Russell H o p ­ kins, C o n fed era tio n a t th e C rossroads: T h e C anadian C o n stitu ­ tion (T o ro n to , 1968), D o n a ld C re ig h to n , T h e E m p ire o f th e St.

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L a w ren c e (T o ro n to , 1956), D o n a ld C . M asters, T h e R ec ip ro city T r e a ty o f 1854 (C a rle to n L ibrary N o . 9, T o ro n to , 1963), C . P. Stacey, C anada a n d th e B ritish A r m y , 1846-1871, Revised E di­ tion (T o ro n to , 1963), Peter B u rro u g h s, e d ., T h e C olonial R e fo r m ­ ers a n d C anada, 1830-1849 (C a rle to n L ibrary N o . 42, T o ro n to , 1969), R obin W . W inks, C anada a n d th e U n ited S ta te s: T h e C iv­ il W ar Y ears (B altim ore, 1960), S. F . W ise a n d R . C raig Brown, C anada V iew s th e U n ited S ta te s : N in e te e n th -C e n tu ry P olitical A ttitu d e s (T o ro n to , 1967), N o rm a n M a c d o n ald , C anada: I m m i­ g r a tio n a n d C o lo n iz a tio n , 1 8 4 1 -1 9 0 3 ( T o r o n to , 1966), J . E. H o d g etts, P io n eer P ublic Service: A n A d m in is tr a tiv e H isto ry o f th e U n ited C anadas, 1841-1867 (T o ro n to , 1955), F e rn a n d O uellet, H isto ire E co n o m iq u e et S o c ia l Du Q u eb ec 1760-1850 (M o n ­ treal a n d Paris, 1966), G . R . Stevens, C anadian N a tio n a l R a il­ w ays, vol. 1 ( T o ro n to , 1960), G ilb e rt N o rm a n T u ck er, T h e C ana­ dian C o m m ercia l R evolution, 1845-1851 (C a rle to n L ibrary N o. 19, T o ro n to , 1964), J . S. M o ir, C hurch a n d S ta te in C anada W est (T o ro n to , 1959) a n d A lan W ilson, T h e C lerg y R eserves o f U pper C anada: A C anadian M o rtm a in ( T o ro n to , 1968). M any leaders o f th e U n io n p eriod have been th e subjects o f biographies: C h e ster N ew , L o r d D u r h a m 's M issio n to C anada (C a rle to n L ibrary N o . 8, T o ro n to , 1963), A d a m S h o rtt, L o r d S y ­ d en h a m (T o ro n to , 1908), G . P. de T . G la z e b ro o k , S i r C harles B agot In C anada (O x fo rd , 1929), E dw ard T h o m p s o n , T h e L ife o f C harles, L o r d M e tc a lfe (L o n d o n , 1937), W . P . M . K ennedy, L o r d E lgin (T o ro n to , 1926), D . G . G . K e rr, S i r E d m u n d H e a d (T o ro n to , 1954), G e o rg e E. W ilson, T h e L ife o f R o b ert B aldw in (T o ro n to , 1933), Stephen L eacock, B aldw in, L a fo n ta in e , H in c k s (T o ro n to , 1907), R. S. L ongley, S ir F rancis H in c k s (T o ro n to , 1943), D o n a ld C re ig h to n , J o h n A . M acd o n a ld , tw o vols. (T o ro n ­ to , 1952 a n d 1955), J . M . S. C areless, B row n o f T h e G lobe, tw o vols. (T o ro n to , 1959 a n d 1963), J . B oyd, S i r G eorge E tie n n e C a r tie r ( T o r o n to , 1914), B ru c e W . H o d g in s, J o h n S a n d fie ld M a c d o n a ld (T o ro n to , 1971), O . D . S kelton, L ife a n d T im e s o f S i r A le x a n d e r Tilloch G alt (C a rle to n L ibrary N o . 26, T o ro n to , 1966) a n d C . B. Sissons, E g erto n R yerso n , tw o vols. (T o ro n to , 1937 a n d 1947).

In d e x Albert Edward, Prince of Wales, visits Canada, 275, 276. Alwington House, Kingston, Bag­ ot’s last Cabinet Council held there, 98; left to die there, 98, 105; Metcalfe leaves, 146: 296 note. Amnesty Bill, 195. Annexation Movement, 212ff. Arthur, Sir George, 33. Aylwin, Thomas Cushing, early life, 36; represents Portneuf, 36; on motion that Cuvillier be speaker, 47; opposes motion for adjournment, 48; resigns from 1st Lafontaine-Baldwin govern­ ment, 126; and second Lafon­ taine-Baldwin government, 188, 189. Bagot, Sir Charles, his early life, 73, 74; speculations concerning his policy, 74; his conduct, 75, 76; contrasted with Sydenham, 76; his constitutionality, 77; ac­ tivities during early part of ad­ ministration, 77, 78, 79, 83, 87; and cabinet reconstruction, 87, 88: prorogues Parliament, 96; health declines, 96, 97; worried by letter from Colonial Secre­ tary, 97; request for recall grant­ ed, 97, 98; his appeal to his min­ isters, 98; death, 98. Baldwin, Robert, and first execu­ tive council after the Union, 20, 26-32; early life and views, 26ff; Solicitor-General, 28ff; personal appearance, 31, 32; resignation, 49; sits on extreme left, 51; on responsible government, 55-56, 57; acts with French members, 62, 83, 86; in opposition, 65ff, 71, 80, 82, 83, 88ff; and forma­ tion o f 1st Lafontaine-Baldwin government, 91, 92; defeated, 93, 94; elected, 94; and 1st Lafontaine-Baldwin government, 12Iff; he and eieht colleagues re­ sign, 126, 128, 129; his first University Bill, 160, 161; his consistency, 170; attacks Sher­ wood-Daly government, 178; proposes Morin as Speaker, 182; his speech on the Address, 188,

189; formation of 2nd Lafon­ taine-Baldwin government, 188, 189; burned in effigy, 196; and 2nd Lafontaine-Baldwin govern­ ment, 196fT; on clergy reserves, 224; and double-majority princi­ ple, 229; resigns, 229, 230; sub­ sequent activities, 231, 232, 249. Baldwin, William Warren, 26, 28. Blake, William Hume, his early life, 184; a Reformer, 186; burned in effigy, 196; his speech on Rebellion Losses Bill, 201, 202; his speech after the destruc­ tion o f Parliament Buildings, 208. British North America Act, 28990. Brown, George, early life, 142ff; his lukewarm support of the gov­ ernment, 228; hostile to the gov­ ernment, 228ff; unpopular with French Canadians, 228, 235, 239, 247, 275; distrusts Hincks, 234; his first parliamentary speech, 236; opposes representa­ tion bill, 238; advocates rep. by pop., 239; and secularization, 239; during Gavazzi riots, 241; leader of Clear Grits, 245; feud with Macdonald, 254, 255; and seat o f government question, 259, 266; moves adjournment, 266; and “ Short Administra­ tion” , 267ff; ill-health, 277; at­ tacks Macdonald-Sicotte govern­ ment, 280; and confederation, 283ff. Buchanan, Isaac, his pamphlet on Metcalfe crisis, 142. Cameron, John Hillyard, becomes Solicitor-General, 170; offered Attomey-Gcneralship, 178; his non-progressive views, 249; and MacNab, 257; and Corrigan case, 257, 258. Cameron, Malcolm, his early life, 42, 43; on responsible govern­ ment, 56; on Rebellion Losses Bill, 200; and Clear Grits, 215. Caron, Rene Edouard, correspond­ ence with Draper, 163; and Conservative government, 177. Cartier, George Etienne, sentenced

IN D EX

to death, 7; birth and early car­ eer, 194, 195; head of L. C. sec­ tion of government, 263; accepts Brown’s motion, 266; forms Cartier-M acdonald government, 271; defeated, 278; joins 2nd Tache-Macdonald government, 281, 282; and confederation, 288; refuses a C.B., 291. Cartwright, John S., moves that M acNab be Speaker, 46; de­ clines Solicitor-Generalship, 81; on responsible' government, 81, 82, 131, 132. Cathcart, Charles Murray, Earl, appointed Governor-General, 166. Cauchon, Joseph Edouard, early life, 157; and clergy reserves, 228, 229. Cayley, William, and Caron, 177; proposes MacNab as Speaker, 182; his intention to resign, 260; left out of government, 271. “ Charles the Simple” , nickname for Metcalfe, 141. Charlottetown Conference, 285, 286. Chauveau. P. J. O., on clergy re­ serves, 228, 229. Christie, David, and Clear Grits, 215. Civil List, 167. Clear Grit Departure, 2l4ff; and clergy reserves, 223, 224; oppos­ es the government, 226; and Court of Chancery, 214, 215, 229; Hincks’ concessions to them, 234; Brown leads them, 245; their want of coherence, 246. Clergy Reserves, 10; chapter 25, passim; Conservative views, 247; Secularization Bill passed, 250, 251. Colborne,-see Seaton. Confederation, and B.A. League, 212; and Reform Convention, 274; similar movement in M on­ treal, 275; achieved, chapter 35, passim. Constitutional Reform Association, 275. Corrigan, Robert, murdered, 257, 258. Crawford, John, defeats Brown, 277.

301

Daly, Sir Dominick, appointed to executive council, 20; Provincial Secretary, 34; trusted by Met­ calfe, 121, 122; supports Met­ calfe, 125, 126, 129; his retire­ ment demanded, 163; his intima­ tion to Sherwood, 170; will not resign, 177. Day, Charles Dewey, in executive council, 20, 30, 31; introduces Common School Bill, 64. Dent, John Charles, his life, v-vi; his histories, Introduction, pas­ sim; and Alexander Morris, vii, xxiv note; and U.C. history, viiixiii; and responsible government, ix, xiii-xvii, xxv-xxvi note; his in­ terpretation of U.C. reform, ixxii; on Mackenzie, xi, xii-xiii, xxv note; on Rolph, xi, xii, xiii; and Mackenzie’s family, xiii; and Metcalfe, xiv-xv; and Elgin, xv; and Canadian destiny, xvi, xviii; and French Canadians, xvi-xvii; and abandonment o f assimilationist policy by 1841-42, xvii; and Whig interpretation, xviixviii, xix; and Canadian nation­ alism, xviii-xix; and progress, xix; on Draper, xix; and sub­ scription publishing, xx-xxi. Dorion, Antoine Aime, and Rouges, 216; and seat of govern­ ment question, 265; and Brown, 267; and federation, 275; and Macdonald-Dorion government, 281; on confederation, 285. Dorion, J. B. E„ 216. Double-Majority Principle, support for, 162; and rep. by pop., 162; and M acNab, 260. Double Shuffle, 272, 273. Draper-Caron Correspondence, 162, 163. Draper, William Henry, Dent on, xix; appointed to executive coun­ cil, 20; Attorney-General, 24; early career and ability, 24ff; a pronounced Conservative, 25, 29, 139; not acceptable to Re­ formers, 30, 31; on responsible government, 53, 54, 55, 57-59, 88-90; Baldwin responds, 55, 56, 90, 91; sincerity doubted, 59; re­ signs, 88, 91; on reconstruction of the government, 88-90; and Metcalfe, 127; one of Metcalfe’s

302

T H E LAST FO R T Y YEARS

Councillors, 137; Metcalfe’s chief adviser, 138, 139, 150, 162; his opponents’ malignity, 141; disappointed in Viger, 147; on necessity of forming a govern­ ment, 150; Attorney-General, 150, 151; becomes government leader, 160; his University Bill, 160, 161; the Governor’s opin­ ion of him, 162; difficulties, 169, 170, 171; retires, 178. Drummond, Lewis Thomas, on Rebellion Losses Bill, 201; on clergy reserves, 224, 225; and seigniorial tenure, 238. Dunn, John Henry, appointed to executive council, 20. Durham, John George Lambton, chapter 1, passim. Elgin and Kincardine, James Bruce, Earl of, and Dent, xv; early career, 174ff; his instruc­ tions, 176; asks Lafontaine to form a government, 188; and re­ sponsible government, 176, 177, 192; delivers bilingual speech, 195; and rebellion losses bill and subsequent crisis, 202IT; action against annexationists, 214; and clergy reserves, 225; asks Hincks to form a government, 233, 234; asks M acNab to form a govern­ ment, 246. Family Compact, 4, 12, 15, 16. Fenians, 287, 288. Foley, Michael Hamilton, supports rep. by pop., 279; excluded from office, 281. Free Trade, agitation against, 167, 168, 191, 192. French Language, restricted in use, 17; restrictions removed, 19, 195. G alt, Alexander Tilloch, his follow­ ing, 271; an annexationist, 213; asked to form a government, 271; and Cartier-Macdonald government, 271; and confedera­ tion, 284, 288; declines a C.B., 291. Gavazzi, Alessandro, visits Ameri­ ca, 240; reaches Quebec. 240; at Montreal, 241.

Globe newspaper, founded by Brown, 142, 145; and responsi­ ble government, 145; and Hincks, 234, 240; on Corrigan trial, 257. Gore Councillors, Address of, 145, 146. Gowan, Ogle R., interview with Metcalfe, 116; on responsible government, 154; early life, char­ acter and qualifications, 153, 154, 155. Grand Trunk Railway, 227, 237, 244, 253. Great Western Railway, 244, 253. Grey, Earl, his instructions to El­ gin, 88; and clergy reserves, 225, 227. Gugy, Colonel, speech on Rebel­ lion Losses Bill, 201; and M on­ treal riots, 209. Hagerman, Christopher, succeeded by Draper, 25. Harrison, Samuel Bealey, appoint­ ed to executive council, 20; joint leader, 24; his early career, 33, 34; searches for a seat, 34, 41; ministerial activities, 34, 65. Head, Sir Edmund Walker, and Judge Duval, 258, 259; and M acNab, 260, 261; and double shuffle, 260, 261; burned in effi­ gy, 276; his subsequent career, 277. Head, Sir Francis Bond, 25, 27, 28; compared with Edmund Head, 252. Higginson, Captain, and Metcalfe, 103, 110, 138; conference with Lafontaine, 11 Off. Hincks, Francis, early life, 39; and financial questions, 79; on the Speakership, 45, 46; on responsi­ ble government, 57, 58; supports Municipal Bill, 65, 66; rupture with Baldwin, 66; in Sydenham’s government, 79ff; and Baldwin’s want of confidence motion, 91; in 1st Lafontaine-Baldwin gov­ ernment, 92ff; on Metcalfe’s ap­ pointment, 103, 104; founds the Pilot, 152; not in 2nd Parlia­ ment, 152, 153; re-elected, 103; and Rebellion Losses Bill and subsequent crisis, 201, 202, 208;

IND EX

and clergy reserves, 225; his G .T.R . Act, 227; remains in of­ fice, 230; joint leader, 233; forms Hincks-Morin govern­ ment, 233, 234; and Brown, 234ff, 239; and scandals, 243, 244; resigns, 245; concurs in M acNab-M orin coalition, 248, 249; on political groups, 296 note. Holton, Luther Hamilton, an an­ nexationist, 213; and Rouges, 216; and confederation, 285. Hopkins, Caleb, and Clear Grits, 215. Howland, William Pearce, advo­ cates rep. by pop., 279. Independence of Parliament Act, 272, 273. Intercolonial Railway, 289. Kelly, Richard, tried for murder, 257, 258. Killaly, Hamilton Hartley, appoint­ ed to executive council, 20; Pres­ ident of the Board of Works, 77; resigns, 126. Kingston, capital of United Cana­ da, 19, 44; parliament assembles there, 24; expectations of becom­ ing capital of Upper Canada, 44; its prosperity in 1841, 44; ceases to be seat o f government, 96, 121, 146. Laberge, Charles Joseph, and Rouges, 216. Lafontaine, Louis Hypolite, attends anti-Union meeting, 19; defeated in Terrebonne, 20, 21, 62, 86; refuses to enter the government, 31, 86; character and early life, 84ff, 137; receives ministerial ov­ ertures, 87, 88; addresses Assem­ bly, 90, 91; forms 1st Lafon­ taine-Baldwin government, 91; letter to Girouard, 85; and Lon­ don Times, 97; important dis­ cussion with Higginson, llOff; and seat of government question, 121; crisis with Metcalfe, 124ff, 134, 135, 146-48; and DraperCaron correspondence, 163; sup­ ports Morin for speakership, 182; asked to form government,

303

188; contrasted with Papineau, 190, 191; and Tories, 192; and Amnesty Bill, 195; and Rebel­ lion Losses Bill and subsequent crisis, 198ff; on clergy reserves, 223, 224, 228, 229, 231; on seig­ niorial tenure, 231; eulogizes Baldwin, 230; resigns, 231. Langevin, Hector Louis, moves want of confidence in BrownDorion government, 267, 268. L'Avenir newspaper, 216. “ Legion” , (Sullivan’s nom de plume), 142. Legislative Council, measure of 1856, 261. Lesslie, James, and Clear Grits, 215. Liberal-Conservative Party, chapter 30. passim. Lower Canada, pre-Union discon­ tent and rebellion, 4, 5, 9; and the Union, 13ff, 17fT; language rights restored, 195. Macdonald, John Alexander, his early life and abilities, 157-59; joins Draper government, 178; an able sprech, 236, 237; and a representation bill, 238; and MacNab, 246; and a more ad­ vanced policy, 247, 249; and clergy reserves, 247, 248, 250, 251; and his party, 248; attacks Brown, 253-56; and leadership, 256, 257, 260, 261; reconstructs government, 263; accepts Brown’s challenge, 266; charged with collusion, 270, 271; joins Cartier-Macdonald government, 271, 272; and double shuffle, 272, 273; and Militia Bill, 278, 280; and Macdonald-Sicotte government, 280, 281; and 2nd Tache-Macdonald government, 282; and confederation coalition 284ff; and confederation, 285, 288; forms 1st Dominion gov­ ernment, 291. M acdonald, John Sandfield, his early career, 39, 40; seconds the Address, 89; and seat o f govern­ ment question, 259; and forma­ tion o f Brown-Dorion govern­ ment, 267; and Toronto C on­ vention o f 1859, 275; forms

304

T H E LAST F O R T Y YEARS

Macdonald-Sicottc government, 278, 279; forms MacdonaldDorion government, 281. Mackenzie, William Lyon, Dent on, xi, xii-xiii, xxv note; his fam­ ily and Dent, xiii; returns to Canada, 195, 196; in opposition, 226, 229; elected, 297 note. M acNab, Allan Napier, defeats Harrison, 34, 41; early career and qualifications, 40-42; pro­ posed for the Speakership, 46; moves an adjournment, 48; sits on extreme right, 51; and elec­ tion petitions, 63; and formation o f 1st Lafontaine-Baldwin gov­ ernment, 92; works with Met­ calfe, 127, 129; and Speakership, 153, 182, 183; and Rebellion Losses Bill and subsequent crisis, 201 ff; moves amendments, 226; and Baldwin’s resignation, 229, 230; and representation bill, 238; forms government, 246, 247; problems and infirmities, 248, 256, 257, 259, 260; proposes co­ alition, 248; victim of a cabal, 260. M acpherson, D. L., an annexa­ tionist, 213. M anahan, Anthony, resigns, 34, 41. McDougall, William, and Clear Grits, 215; attends London Con­ ference, 288. McGee, Thomas D'Arcy, and fed­ eration, 275. Merritt, William Hamilton, charac­ ter and qualifications, 42; on re­ sponsible government, 56; Rebel­ lion Losses Bill, 201. Metcalfe, Sir Charles Theophilus, afterward Baron, and Dent, xivxv; character and qualifications, 98ff; and Governor-Generalship. 101 ff, 107, 108ff; and responsi­ ble government and parties, 107ff, 114, 115, 125, 140, 141, 145, 146; and his councillors, 115, 116, 121, 122, 124ff; and Gowan, 116; prepares counter statement to Lafontaine’s, 126, 127; and resignation of the min­ isters, 127, 129; and formation of new government, 136ff, 150; his nicknames, 141; Address from Gore Councillors, 145,

146; and home government, 149; and Draper, 138, 139, 150; the elections, 151, 152; the new par­ liament, 153; weakness of gov­ ernment, 161; his malady, 161, 163, 164; his resignation, 164. Monck, Charles Stanley, Gover­ nor-General, 277, 278, 291; ap­ plies to Tache, 281; and confed­ eration, 285, 286, 288, 289. Montreal, and seat of government question, 121, 146. Morin, A. N., early life, 38; and Cuvillier, 45; his remarks, 47; temporarily retires, 84; and Speakership, 182, 183; and Draper-Caron correspondence, 163; becomes leader, 234; forms Hincks-Morin government, 234; seconds Hincks’ motion, 235; forms MacNab-M orin govern­ ment, 248ff. Morris, Alexander, and Dent, vii, xxiv note; conversation with Brown, 283, 284. Morris, James, and MacdonaldSicotte government, 279. Morris, William, Receiver-General, 150; President of the Council, 169, 178. Morrison, J. C., Solicitor-General, 260. Mowat, Oliver, joins MacdonaldDorion government, 281. Municipal Institutions Bill, 64ff. Neilson, John, early career, 37, 38; his amendment, 59, 60. Nelson, Robert, and a Canadian republic, 9, 85. Nelson, Wolfred, banished, 67, 156; letter to Durham, 22, 23; elected to Assembly, 157; early life and character, 155, 156; mayor of Montreal, 157; his house saved, 209. Newcastle, Duke of, visits Canada, 275. Northern Railway, 244, 253. Ogden, Charles Richard, in execu­ tive council, 20; not acceptable to Reformers, 30, 31. “ Old Squaretoes", nickname for Metcalfe, 141. Ontario, Simcoe and Huron Rail­ way, 244.

IN D E X

Papineau, Denis Benjamin, Com­ missioner of Crown Lands, 150. Papineau, Louis Joseph, pre-Union career, 7, 186ff; his impractica­ bility, 190, 191; agitates for elec­ toral reform, 193; an annexa­ tionist, 213; and Rouges, 215, 216; attacks Hincks-Morin gov­ ernment, 236. Penny, E. G ., an annexationist, 213. Perry, Peter, and Reform move­ ment, 215. Pilot newspaper, established, 152. Pope, John Henry, and confedera­ tion coalition, 283, 284. Price, James Hervey, on Metcalfe’s message, 129IT; and responsible government, 131; and Rebellion Losses Bill and subsequent crisis, 201, 208, 209; and clergy re­ serves, 223, 225. Primogeniture Doctrine, 215. Prince, Colonel John, supports Cu­ villier, 45; on resignation of Metcalfe’s councillors, 132; pro­ poses Morin, 153; opposes Re­ bellion Losses Bill, 201. Protection, agitation on the Corn Laws, 167, 168, 191-92. Quebec City, and seat o f govern­ ment, 234, 253, 259. Quebec Conference, 285, 286. Rebellion Losses, 192, 193; legisla­ tion on, 196ff; Elgin assents, 205; subsequent crisis, chapter 23, passim. Reciprocity Treaty, 250, 251, 280. Reform Convention of 1859, 274. Representation by Population, and double majority doctrine, 162; and opposition to Morin’s Rep­ resentation Act, 238, 239; advo­ cated by Brown, 239; assumes formidable proportions, 274; an issue at the elections, 264; and Macdonald-Sicotte government, 279. Responsible Government, and Dent, ix, xiii-xvii, xxv-xxvi note; advocated by Buchanan, 52, 53, 142; Draper’s exposition of, 5355, 57-59; Sydenham’s views, 55; Baldwin on 28, 55-56, 57; Merritt on, 56; Baldwin’s 1841

305

resolutions, 66, 67; Harrison’s amendments, 66, 67; and Simcoe, 106; and Russell’s despatch­ es, 15, 16, 106, 107; Lafontaine and Higginson discuss it, llOff; Metcalfe on, 107, 109, 110, 140, 141, 145, 146; Sullivan’s letters on, 142; Ryerson on, 142; the Globe on, 145; and Liberal poli­ cy, 171ff; firmly established, 176, 177, 192; a principal of the con­ stitution, 247; and high Toryism, 249. Robinson, John Beverley, early ac­ tivities, 12, 13. Robinson, William Benjamin, Chief Commissioner of Public Works, 170. Rolph, John, Dent on, xi, xii, xiii; early activities, 28, 41; and Clear Grits, 215; joins Hincks-Morin government, 234. Rose, John, an annexationist, 213; joins Cartier-Macdonald govern­ ment, 272; criticized, 278. Ross, John, joins M acNab-M orin government, 248. Rouges, the, organized, 215, 216; reaction in their favour, 245; contrary reaction, 264. Russell, Lord John, on reunion of the provinces, 15, 16, 67, 106; introduces Union Bill, 17; Sy­ denham on, 71; on responsible government, 106, 107. Ryerson, Egerton, defends Met­ calfe, 142. St. Albans Raid, the, 286, 287. Scott, Richard W., and separate schools, 280. Seat of Government, problem of Kingston, 96; at Montreal, 121; in Toronto, 253; at Quebec, 234; the perambulating system, 259; selection o f Ottawa, 265, 266. Seaton, Sir John Colborne, after­ wards Baron, 8, 9, 14, 17. Secret Societies Bill, 122, 124, 125, 127. Seigniorial Tenure, its history, 220ff, 230, 231; Drummond’s bill, 238; abolition bill passed, 250,251. Separate School Question, 253, 263, 264, 280.

306

TH E LAST FO RTY YEARS

Shall and Will by Sir. E. W. Head, 277. Sherwood, George, joins the Cartier-Macdonald government, 271. Sherwood, Henry, Solicitor-Gcneral, 82; his office declared va­ cant, 88ff; again Solicitor-Gen­ eral, 152, 153; conflicts with col­ leagues, 169ff; becomes Prime Minister, 178; on Rebellion Losses Bill, 201. Sicotte, Louis Victor, joins CartierMacdonald government, 272; forms Macdonald-Sicotte gov­ ernment, 279; resigns, 281. Small, James, a Reformer, 41. Smith, Sidney, joins Cartier-Macdonald government, 272. Spence, Robert, joins MacNabMorin government, 248; de­ nounced by Brown, 254; resigns, 260. Stanley, Lord, on responsible gov­ ernment, 75; and Bagot, 75, 97; and Metcalfe, 103ff, 149, 150, 164. Sullivan, Robert Baldwin, appoint­ ed to the executive council. 20; not acceptable to Reformers, 30, 31; his early life, 32, 33; an able speech, 51; his boast about the government, 94; on responsi­ ble government, 142. “ Sweet William,” sobriquet applied to Draper, 25. Sydenham, Charles Poulett Thom ­ son, afterwards Baron, early life, 13, 14; his Canadian administra­ tion, chapters 2, 5 and 6, pas­ sim; problems with his ministry, 28ff; accused of corruption, 63; illness and death, 70-72; con­ trasted with Bagot, 76, 77; im­ pressed by Hincks, 79.

Tache, Etienne Pascal, and M on­ treal riots, 209; and clergy re­ serves, 223; asked to form gov­ ernment, 260, 261 dissolves gov­ ernment, 263; forms 2nd TacheMacdonald government, 281, 282; and confederation coalition, 284, 285. Thomson, Charles Poulett, see Sy­ denham. Toronto, and seat o f government problem, 253. Union of the Canadas, and Cana­ dian opinion, 12, 15ff; the Un­ ion Bill, 13, 16ff; justification for forcing it on Lower Canada, 22, 23. Upper Canada, enterprise of the people, 18; increase of popula­ tion and prosperity, 18. Vankoughnet, Philip, joins CartierMacdonald government, 272. Viger, Denis Benjamin, visits Eng­ land, 38; and responsible govern­ ment, 66; and Draper govern­ ment, 91; confers with Metcalfe, 127; and new government, 136ff; ineffectiveness of, 146, 147; Pres­ ident o f the Council, 151; posi­ tion in cabinet, 162, 163; resig­ nation, 196. Wakefield, Edward Gibbon, early life and qualifications, 119; con­ fers with Metcalfe, 127; and right o f ministers to be consult­ ed, 132ff. Whig Interpretation, and Dent, xvii-xviii, xix. Wilson, Adam, joins MacdonaldSicotte governm ent, 279; and rep. by pop., 279.

NOTE ON THE AUTHOR Jo h n C h arles D e n t, b o rn in 1841, w as train ed to be a law yer but distinguished h im self as a jo u rn a list a n d h isto rian . A fte r com pleting his form al train in g in B ra n tfo rd , D e n t m oved to L o n d o n , E ngland. T h ere h e w o rk ed as a s ta ff w riter for th e D a ily T elegraph a n d also sold articles to O nce a W e e k a n d (Tassel's M a g a zin e . F ro m 18671870 he held an editorial po st w ith th e B oston G lobe. D u rin g th e 1870’s he retu rn ed to C a n a d a w here h e served as e d ito r o f the T o ro n to E vening T eleg ra m a n d e d ito r o f th e W e e k ly G lobe. H e a lso c o n tr ib u te d s h o r t s to rie s to lite ra ry m a g a z in e s a n d fo r a few m o n th s in 1887 o w n e d a n d e d ite d his o w n lite ra ry j o u r n a l, A re tu rn s. D en t m ade his re p u ta tio n as an historian by publishing several m ajor w orks du rin g his last eight years: The C anadian P o rtra it G allery, fo u r volum es (18 8 0 -1 8 8 1 ); T h e L a s t F o rty Years: C anada S in c e th e U nion o f 1841, tw o volum es (1 881); T o ro n to . P a st a n d P resent: H isto ric a l a n d D escriptive. A M e m o ria l V olum e f o r the S e m i-C e n te n n ia l o f 1884 (w ith H enry Scadding) (1 884); a n d The S to r y o f th e U pper C anadian R eb ellio n , tw o volum es (1885). H e edited, a n n o ta te d a n d in tro d u c ed A lex an d er M o rris’s Nova B rita n ­ nia; or. O u r N e w C anadian D o m in io n F oreshadow ed (1884). A collection o f sh o rt stories, T h e G e rra rd S tr e e t M y s te r y a n d O th e r W e ird T ales w as published p o sthum ously in 1888. A n able w riter a n d conscientious researcher, D e n t w as o n e o f C a n a d a 's m ost im p o rta n t nineteenth century h istorians. H e died prem aturely in 1888.

N O T E ON T H E E D I T O R D o n a ld S w ainson w as b o m in 1938 at B ald u r, M a n ito b a . A fte r a t­ tending public school a n d high school in G le n b o ro a n d W innipeg, he co m p leted his u n d e rg ra d u a te train in g at th e U niversity o f M a n ito b a . A W o o d ro w W ilson Fellow , h e a tte n d ed th e School o f G ra d u a te S tudies at th e U niversity o f T o ro n to , w here h e earned M . A . and P h .D . degrees. Since 1963 h e has been a m em b er o f th e D ep artm en t o f H istory, Q u e e n ’s U niversity. Professor S w ainson is th e a u th o r o f O n ta rio a n d C o n fe d e ra tio n / O n ta rio el la C o n fed e ra tio n (C entennial H istorical B ooklet N o . 5), J ohn A . M acd o n a ld : The M a n a n d th e P olitician (T o ro n to , 1971) a n d articles in H isto ric K in g sto n . O ntario H isto ry , O ueen s Q u a r­ te rly , H istorical a n d Scientific Society o f M a n ito b a T ransactions. C anadian D im en sio n a n d C anadian F orum . H e is th e e d ito r o f H is­ to rica l E ssa y s on th e P rairie P rovinces (C a rle to n L ibrary N o . 53).

THE CA RL ET ON L I B R A R Y

1.

lord

D u r h a m ’s r e p o r t ,

edited a n d w ith an In tro d u c tio n by

G e ra ld M . C raig 2.

T H E C O N F E D E R A T IO N D E B A T E S I N T H E P R O V IN C E O F CA NA DA , 1 8 6 5 ,

3.

l a u r ie r

edited and w ith a n In tro d u ctio n by P . B. W aite : a s t u d y in C a n a d ia n p o l it ic s

by J. W . D afoe, w ith an In tro d u c tio n by M u rra y S. D onnelly 4.

C H A M P L A IN : T H E L I F E O F F O R T IT U D E b y M o rris B ishop, w ith a new In tro d u ctio n b y

th e a u th o r B o o k I, edited and w ith a n In tro d u ctio n by D onald V . Sm iley T H E U N R E F O R M E D s e n a t e o f C a n a d a by R o b e rt A. M acK ay revised a n d w ith a n In tro d u ctio n by the a u th o r

5 . T H E R O W E L L /S I R O I S R E P O R T ,

6.

7 . T H E J E S U I T R E L A T IO N S A N D A L L IE D D O C U M E N T S : A S E L E C T IO N ,

8. 9.

10.

edited a n d w ith an In tro d u ctio n by S. R. M ealing D u r h a m ’s m i s s i o n t o C a n a d a by C h e ster N ew, edited a n d w ith a n In tro d u ctio n by H . W . M cC ready T H E R E C IP R O C IT Y t r e a t y o f 1 8 5 4 b y D onald C. M asters, w ith a new In tro d u ctio n b y the a u th o r lord

P O L IT IC A L U N R E S T IN U P P E R C A N A D A , 1 8 1 5 - 1 8 3 6

A . L. B urt V o lu m e / , by G . P. deT . G la ze b ro o k , w ith a new In tro d u ctio n by th e a u th o r A H IS T O R Y O F T R A N S P O R T A T IO N I N C A N A D A , V o lu m e II, by G . P. deT . G lazeb ro o k by

A ileen D u n h a m , w ith an In tro d u ctio n

by

1 1 . A H IS T O R Y o f T R A N S P O R T A T IO N IN C A N A D A ,

12.

I 3 . T H E E C O N O M IC B A C K G R O U N D O F D O M IN IO N -P R O V IN C IA L R E L A T IO N S

by W . A . M ackintosh, w ith a n In tro d u ctio n by J . H . D ales M ason W ade, w ith a new In tro d u ctio n b y the a u th o r

1 4 . T H E f r e n c h -c a n a d ia n o u t l o o k b y

1 5 . t h e W E S T E R N IN T E R IO R O F C A N A D A : A R E C O R D O F G E O G R A P H IC A L D IS C O V E R Y , 1 6 1 2 - 1 9 1 7 ,

c o m piled and w ith an In tro d u ctio n by Jo h n W arkentin 1 6 . T H E C O U R T S A N D T H E C A N A D IA N C O N S T IT U T I O N ,

co m p iled and w ith a n In tro d u ctio n by W. R. L ed erm an 17.

M O N E Y A N D B A N K IN G I N CA NA DA ,

18.

com piled and w ith an In tro d u ctio n by E. P . N eu feld F R E N C H -C A N A D IA N S O C IE T Y , V o lu m e I, c om piled and w ith a n In tro d u ctio n by M arcel R ioux a n d Y ves M a rtin

1 9 . T H E C A N A D IA N C O M M E R C IA L R E V O L U T IO N , 1 8 4 5 - 1 8 5 1

by G ilb ert N. T u ck er, edited and w ith an In tro d u ctio n by H ugh G . J . A itken 20.

J O S E P H h o w e : v o i c e o f n o v a S C O T IA ,

com piled and w ith a n In tro d u ctio n by J. M u rra y Beck V o lu m e I, by O. D . S kelton, edited a n d w ith a n In tro d u ctio n by D avid M .L .F a r r

2 1 . l i f e a n d l e t t e r s o f s i r W IL F R I D l a u r i e r ,

22.

L I F E A N D L E T T E R S O F S IR W IL F R I D L A U R IE R , V o lu m e 11, by O. D . S kelton, edited by D avid M .L .F a r r

23.

L E A D IN G C O N S T IT U T IO N A L D E C IS IO N S ,

com piled a n d w ith an In tro d u ctio n by P e te r H . R ussell 24. F R O N T E N A C : T H E C O U R T IE R G O V E R N O R by W . J. EccleS 25.

IN D IA N S O F T H E N O R T H P A C IF IC C O A ST ,

com piled and w ith an In tro d u ctio n by T o m M cF eat by O. D . Skelton, edited a n d w ith a n In tro d u ctio n by G u y M acL ean 2 7 . A H IS T O R Y O F C A N A D IA N E X T E R N A L R E L A T IO N S , V o lu m e 1, by G . P. deT . G lazeb ro o k , revised by th e au th o r 2 8 . A H IS T O R Y O F C A N A D IA N E X T E R N A L R E L A T IO N S , V o lu m e II, by G . P. deT . G lazebrook, revised a n d w ith a B ib liographical E ssay by the a u th o r 2 9 . t h e r a c e q u e s t i o n i n C a n a d a by A n d re Siegfried, edited a n d w ith a n In tro d u ctio n by F . H . U nderhill 3 0 . n o r t h A T L A N T IC t r i a n g l e by J. B. B rebner, w ith a n In tro d u ctio n by D. G . C reig h to n 31 . a p p r o a c h e s t o C a n a d i a n e c o n o m i c h i s t o r y , com piled a n d with an In tro d u ctio n by W . T . E aste rb ro o k and M . H . W atkins 3 2 . C A N A D IA N S O C IA L S T R U C T U R E : A S T A T IS T IC A L P R O F I L E , com piled and w ith a n In tro d u ctio n and C o m m e n tary by Jo h n P o rte r 2 6 . L I F E A N D T I M E S O F SIR A L E X A N D E R T I L L O C H G A L T

3 3 . C H U R C H A N D S T A T E IN C A N A D A , 1 6 2 7 - 1 8 6 7 : B A SIC D O C U M E N T S ,

com piled a n d w ith an In tro d u ctio n by J o h n S. M oir by F re d L andon, w ith a new In tro d u ctio n by th e a u th o r

3 4 . W E S T E R N O N T A R IO a n d t h e A M E R IC A N f r o n t i e r

3 5 . H IS T O R IC A L E SS A Y S O N T H E A T L A N T IC P R O V IN C E S ,

38.

com piled and w ith an In tro d u ctio n by G . A . Raw lyk I N C a n a d a (an original p u b lic a tio n ) by W. H . K esterton, w ith a n In tro d u ctio n by W ilfrid E ggleston T H E O L D P R O V IN C E o f Q u e b e c , V o lu m e I, by A . L . B urt, w ith an In tro d u ctio n by H ilda N eatby T H E O L D p r o v i n c e o f Q u e b e c , V o lu m e II, by A. L . B u rt

39.

G R O W T H A N D T H E C A N A D IA N E C O N O M Y ,

36. 37.

A H IS T O R Y O F j o u r n a l i s m

edited and w ith a n In tro d u c tio n by T . N. Brewis 40.

D O C U M E N T S O N T H E C O N F E D E R A T IO N O F B R IT IS H N O R T H A M E R IC A ,

41.

edited a n d w ith an In tro d u ctio n by G . P. B row ne E S K IM O O F T H E C a n a d i a n a r c t i c , edited and w ith an In tro d u ctio n by V ictor F . V alentine and F ra n k G . V allee

42.

T H E C O L O N IA L R E F O R M E R S A N D C A N A D A , 1 8 3 0 - 1 8 4 9 ,

43.

edited and w ith an In tro d u ctio n by P eter B urroughs. A N A R R A T IV E , by Sir F ra n c is B ond H ead edited and w ith an In tro d u ctio n by S. F . Wise

44.

JO H N s t r a c h a n : d o c u m e n t s a n d o p in io n s ,

45.

T H E N E U T R A L Y A N K E E S O F NO VA S C O T IA

46.

R O B E R T L A IR D B O R D E N : H IS M E M O I R S ,

edited a n d w ith an In tro d u ctio n by J. L. H. H enderson

47.

by J. B. B rebner, with a n In tro d u ctio n by W . S. M a c N u tt V o lu m e 1, edited and w ith an In tro d u ctio n by H eath M acquarrie R O B E R T l a i r d b o r d e n : h i s m e m o i r s , V o lu m e 11, edited by H e ath M a c q u arrie

48.

T H E C A N A D IA N M U N IC IP A L S Y S T E M : E S S A Y S O N T H E IM P R O V E M E N T O F LO CAL G O V E R N M E N T b y D . C . R O W a t

49.

T H E B E T T E R P A R T O F V A L O U R : E SS A Y S O N C A N A D IA N D IP L O M A C Y

by Jo h n W. H olm es 50. 51. 52. 53. 54. 55. 56. 57. 58.

L A M E N T F O R A N A T I O N : T H E D E F E A T O F C A N A D IA N N A T IO N A L IS M

by G eorge G ra n t, w ith a new In tro d u c tio n by the a u th o r C a n a d i a n f o r e i g n p o l i c y , 1945-1954, edited a n d w ith a n In tro d u ctio n by th e a u th o r m o n c k : l e t t e r s a n d j o u r n a l s , edited a n d w ith a n In tro d u c ­ tion by W . L . M o rto n h i s t o r i c a l e s s a y s o n t h e p r a i r i e p r o v i n c e s , edited a n d w ith an In tro d u ctio n by D o n a ld Sw ainson T H E C A N A D IA N E C O N O M Y I N T H E G R E A T D E P R E S S IO N by A . E . S afarian C a n a d a ’s c h a n g i n g n o r t h , edited and w ith a n In tro d u ctio n by W illiam C. W onders t h e d e v e l o p m e n t o f C a n a d a ’ s s t a p l e s , 1867-1939, e d ite d and w ith a n In tro d u cto ry co m m en t by K evin B urley urban d ev elo pm en t o f s o u t h -c e n t r a l o n t a r io by Jacob Spelt c u ltu r e

and

n a t io n a l it y

: e s s a y s b y a . g . b a il e y ,

by A lfred G o ldsw orthy B ailey 59.

c o m m u n it y p e c t iv e

,

in

c r is is

: f r e n c h - c a n a d ia n n a t io n a l is m

in

pers

­

by R ich ard Jones, w ith a new In tro d u ctio n by the

a u th o r. 60.

p e r s p e c t iv e s o n t h e n o r t h a m e r ic a n

In d ia n s ,

edited a n d w ith

a n In tro d u ctio n by M a rk N a g ler 61.

languages

in

c o n f l ic t

,

by R ich a rd J. Joy, w ith a P reface by

F ra n k G . V allee 62.

th e

l a s t f o r t y y e a r s : t h e u n i o n o f 1841 t o c o n f e d e r a t i o n , by J. C. D ent, a b ridged a n d w ith an In tro d u c tio n by D onald Sw ainson

63.

l a u r ie r

a n d a l ib e r a l

Qu e b e c : a s t u d y i n p o l it ic a l m a n a g e ­

by H . B lair N eatby, e d ited a n d w ith a n In tro d u ctio n by R ich a rd T . C lippindale

m e n t

,