CHAPTER I

LORD ELGIN

by

SIR JOHN GEORGE BOURINOT

THE MAKERS OF CANADA

EDITED BY DUNCAN CAMPBELL SCOTT, F.R.S.C., AND PELHAM EDGAR, PH.D.

Edition De Luxe

Toronto, 1903

[Illustration: "Elgin a Kincardine."]

EDITORS' NOTE

The late Sir John Bourinot had completed and revised the following

pages some months before his lamented death. The book represents more

satisfactorily, perhaps, than anything else that he has written the

author's breadth of political vision and his concrete mastery of

historical fact. The life of Lord Elgin required to be written by one

possessed of more than ordinary insight into the interesting aspects

of constitutional law. That it has been singularly well presented must

be the conclusion of all who may read this present narrative.

CONTENTS

Chapter Page

I: EARLY CAREER 1

II: POLITICAL CONDITION IN CANADA 17

III: POLITICAL DIFFICULTIES 41

IV: THE INDEMNIFICATION ACT 61

V: THE END OF THE LAFONTAINE-BALDWIN MINISTRY, 1851 85

VI: THE HINCKS-MORIN MINISTRY 107

VII: THE HISTORY OF THE CLERGY RESERVES (1791-1854) 143

VIII: SEIGNIORIAL TENURE 171

IX: CANADA AND THE UNITED STATES 189

X: FAREWELL TO CANADA 203

XI: POLITICAL PROGRESS 227

XII: A COMPARISON OF SYSTEMS 239

BIBLIOGRAPHICAL NOTE 269

INDEX 271

CHAPTER I

EARLY CAREER

The Canadian people have had a varied experience in governors

appointed by the imperial state. At the very commencement of British

rule they were so fortunate as to find at the head of affairs Sir Guy

Carleton--afterwards Lord Dorchester--who saved the country during the

American revolution by his military genius, and also proved himself an

able civil governor in his relations with the French Canadians, then

called "the new subjects," whom he treated in a fair and generous

spirit that did much to make them friendly to British institutions. On

the other hand they have had military men like Sir James Craig,

hospitable, generous, and kind, but at the same time incapable of

understanding colonial conditions and aspirations, ignorant of the

principles and working of representative institutions, and too ready

to apply arbitrary methods to the administration of civil affairs.

Then they have had men who were suddenly drawn from some inconspicuous

position in the parent state, like Sir Francis Bond Head, and allowed

by an apathetic or ignorant colonial office to prove their want of

discretion, tact, and even common sense at a very critical stage of

Canadian affairs. Again there have been governors of the highest rank

in the peerage of England, like the Duke of Richmond, whose

administration was chiefly remarkable for his success in aggravating

national animosities in French Canada, and whose name would now be

quite forgotten were it not for the unhappy circumstances of his

death.[1] Then Canadians have had the good fortune of the presence of

Lord Durham at a time when a most serious state of affairs

imperatively demanded that ripe political knowledge, that cool

judgment, and that capacity to comprehend political grievances which

were confessedly the characteristics of this eminent British

statesman. Happily for Canada he was followed by a keen politician and

an astute economist who, despite his overweening vanity and his

tendency to underrate the ability of "those fellows in the

colonies"--his own words in a letter to England--was well able to

gauge public sentiment accurately and to govern himself accordingly

during his short term of office. Since the confederation of the

provinces there has been a succession of distinguished governors, some

bearing names famous in the history of Great Britain and Ireland, some

bringing to the discharge of their duties a large knowledge of public

business gained in the government of the parent state and her wide

empire, some gifted with a happy faculty of expressing themselves with

ease and elegance, and all equally influenced by an earnest desire to

fill their important position with dignity, impartiality, and

affability.

But eminent as have been the services of many of the governors whose

memories are still cherished by the people of Canada, no one among

them stands on a higher plane than James, eighth earl of Elgin and

twelfth earl of Kincardine, whose public career in Canada I propose to

recall in the following narrative. He possessed to a remarkable degree

those qualities of mind and heart which enabled him to cope most

successfully with the racial and political difficulties which met him

at the outset of his administration, during a very critical period of

Canadian history. Animated by the loftiest motives, imbued with a deep

sense of the responsibilities of his office, gifted with a rare power

of eloquent expression, possessed of sound judgment and infinite

discretion, never yielding to dictates of passion but always

determined to be patient and calm at moments of violent public

excitement, conscious of the advantages of compromise and conciliation

in a country peopled like Canada, entering fully into the aspirations

of a young people for self-government, ready to concede to French

Canadians their full share in the public councils, anxious to build up

a Canadian nation without reference to creed or race--this

distinguished nobleman must be always placed by a Canadian historian

in the very front rank of the great administrators happily chosen from

time to time by the imperial state for the government of her dominions

beyond the sea. No governor-general, it is safe to say, has come

nearer to that ideal, described by Sir Edward Bulwer Lytton, when

secretary of state for the colonies, in a letter to Sir George Bowen,

himself distinguished for the ability with which he presided over the

affairs of several colonial dependencies. "Remember," said Lord

Lytton, to give that eminent author and statesman his later title,

"that the first care of a governor in a free colony is to shun the

reproach of being a party man. Give all parties, and all the

ministries formed, the fairest play.... After all, men are governed as

much by the heart as by the head. Evident sympathy in the progress of

the colony; traits of kindness, generosity, devoted energy, where

required for the public weal; a pure exercise of patronage; an utter

absence of vindictiveness or spite; the fairness that belongs to

magnanimity: these are the qualities that make governors powerful,

while men merely sharp and clever may be weak and detested."

In the following chapters it will be seen that Lord Elgin fulfilled

this ideal, and was able to leave the country in the full confidence

that he had won the respect, admiration, and even affection of all

classes of the Canadian people. He came to the country when there

existed on all sides doubts as to the satisfactory working of the

union of 1840, suspicions as to the sincerity of the imperial

authorities with respect to the concession of responsible government,

a growing antagonism between the two nationalities which then, as

always, divided the province. A very serious economic disturbance was

crippling the whole trade of the country, and made some

persons--happily very few in number--believe for a short time that

independence, or annexation to the neighbouring republic, was

preferable to continued connection with a country which so grudgingly

conceded political rights to the colony, and so ruthlessly overturned

the commercial system on which the province had been so long

dependent. When he left Canada, Lord Elgin knew beyond a shadow of a

doubt that the two nationalities were working harmoniously for the

common advantage of the province, that the principles of responsible

government were firmly established, and that the commercial and

industrial progress of the country was fully on an equality with its

political development.

The man who achieved these magnificent results could claim an ancestry

to which a Scotsman would point with national pride. He could trace

his lineage to the ancient Norman house of which "Robert the Bruce"--a

name ever dear to the Scottish nation--was the most distinguished

member. He was born in London on July 20th, 1811. His father was a

general in the British army, a representative peer in the British

parliament from 1790-1840, and an ambassador to several European

courts; but he is best known to history by the fact that he seriously

crippled his private fortunes by his purchase, while in the East, of

that magnificent collection of Athenian art which was afterwards

bought at half its value by the British government and placed in the

British Museum, where it is still known as the "Elgin Marbles." From

his father, we are told by his biographer,[2] he inherited "the genial

and playful spirit which gave such a charm to his social and parental

relations, and which helped him to elicit from others the knowledge of

which he made so much use in the many diverse situations of his after

life." The deep piety and the varied culture of his mother "made her

admirably qualified to be the depository of the ardent thoughts and

aspirations of his boyhood." At Oxford, where he completed his

education after leaving Eton, he showed that unselfish spirit and

consideration for the feelings of others which were the recognized

traits of his character in after life. Conscious of the unsatisfactory

state of the family's fortunes, he laboured strenuously even in

college to relieve his father as much as possible of the expenses of

his education. While living very much to himself, he never failed to

win the confidence and respect even at this youthful age of all those

who had an opportunity of knowing his independence of thought and

judgment. Among his contemporaries were Mr. Gladstone, afterwards

prime minister; the Duke of Newcastle, who became secretary of state

for the colonies and was chief adviser of the Prince of Wales--now

Edward VII--during his visit to Canada in 1860; and Lord Dalhousie and

Lord Canning, both of whom preceded him in the governor-generalship of

India. In the college debating club he won at once a very

distinguished place. "I well remember," wrote Mr. Gladstone, many

years later, "placing him as to the natural gift of eloquence at the

head of all those I knew either at Eton or at the University." He took

a deep interest in the study of philosophy. In him--to quote the

opinion of his own brother, Sir Frederick Bruce, "the Reason and

Understanding, to use the distinctions of Coleridge, were both largely

developed, and both admirably balanced. ... He set himself to work to

form in his own mind a clear idea of each of the constituent parts of

the problem with which he had to deal. This he effected partly by

reading, but still more by conversation with special men, and by that

extraordinary logical power of mind and penetration which not only

enabled him to get out of every man all he had in him, but which

revealed to these men themselves a knowledge of their own imperfect

and crude conceptions, and made them constantly unwilling witnesses or

reluctant adherents to views which originally they were prepared to

oppose...." The result was that, "in an incredibly short time he

attained an accurate and clear conception of the essential facts

before him, and was thus enabled to strike out a course which he could

consistently pursue amid all difficulties, because it was in harmony

with the actual facts and the permanent conditions of the problem he

had to solve." Here we have the secret of his success in grappling

with the serious and complicated questions which constantly engaged

his attention in the administration of Canadian affairs.

After leaving the university with honour, he passed several years on

the family estate, which he endeavoured to relieve as far as possible

from the financial embarrassment into which it had fallen ever since

his father's extravagant purchase in Greece. In 1840, by the death of

his eldest brother, George, who died unmarried, James became heir to

the earldom, and soon afterwards entered parliament as member for the

borough of Southampton. He claimed then, as always, to be a Liberal

Conservative, because he believed that "the institutions of our

country, religious as well as civil, are wisely adapted, when duly and

faithfully administered, to promote, not the interest of any class or

classes exclusively, but the happiness and welfare of the great body

of the people"; and because he felt that, "on the maintenance of these

institutions, not only the economical prosperity of England, but, what

is yet more important, the virtues that distinguish and adorn the

English character, under God, mainly depend."

During the two years Lord Elgin remained in the House of Commons he

gave evidence to satisfy his friends that he possessed to an eminent

degree the qualities which promised him a brilliant career in British

politics. Happily for the administration of the affairs of Britain's

colonial empire, he was induced by Lord Stanley, then secretary of

state for the colonies, to surrender his prospects in parliament and

accept the governorship of Jamaica. No doubt he was largely influenced

to take this position by the conviction that he would be able to

relieve his father's property from the pressure necessarily entailed

upon it while he remained in the expensive field of national politics.

On his way to Jamaica he was shipwrecked, and his wife, a daughter of

Mr. Charles Cumming Bruce, M.P., of Dunphail, Stirling, suffered a

shock which so seriously impaired her health that she died a few

months after her arrival in the island when she had given birth to a

daughter.[3] His administration of the government of Jamaica was

distinguished by a strong desire to act discreetly and justly at a

time when the economic conditions of the island were still seriously

disturbed by the emancipation of the negroes. Planter and black alike

found in him a true friend and sympathizer. He recognized the

necessity of improving the methods of agriculture, and did much by the

establishment of agricultural societies to spread knowledge among the

ignorant blacks, as well as to create a spirit of emulation among the

landlords, who were still sullen and apathetic, requiring much

persuasion to adapt themselves to the new order of things, and make

efforts to stimulate skilled labour among the coloured population whom

they still despised. Then, as always in his career, he was animated by

the noble impulse to administer public affairs with a sole regard to

the public interests, irrespective of class or creed, to elevate men

to a higher conception of their public duties. "To reconcile the

planter"--I quote from one of his letters to Lord Stanley--"to the

heavy burdens which he was called to bear for the improvement of our

establishments and the benefit of the mass of the population, it was

necessary to persuade him that he had an interest in raising the

standard of education and morals among the peasantry; and this belief

could be imparted only by inspiring a taste for a more artificial

system of husbandry." "By the silent operation of such salutary

convictions," he added, "prejudices of old standing are removed; the

friends of the negro and of the proprietary classes find themselves

almost unconsciously acting in concert, and conspiring to complete

that great and holy work of which the emancipation of the slave was

but the commencement."

At this time the relations between the island and the home governments

were always in a very strained condition on account of the difficulty

of making the colonial office fully sensible of the financial

embarrassment caused by the upheaval of the labour and social systems,

and of the wisest methods of assisting the colony in its straits. As

it too often happened in those old times of colonial rule, the home

government could with difficulty be brought to understand that the

economic principles which might satisfy the state of affairs in Great

Britain could not be hastily and arbitrarily applied to a country

suffering under peculiar difficulties. The same unintelligent spirit

which forced taxation on the thirteen colonies, which complicated

difficulties in the Canadas before the rebellion of 1837, seemed for

the moment likely to prevail, as soon as the legislature of Jamaica

passed a tariff framed naturally with regard to conditions existing

when the receipts and expenditures could not be equalized, and the

financial situation could not be relieved from its extreme tension in

any other way than by the imposition of duties which happened to be in

antagonism with the principles then favoured by the imperial

government. At this critical juncture Lord Elgin successfully

interposed between the colonial office and the island legislature, and

obtained permission for the latter to manage this affair in its own

way. He recognized the fact, obvious enough to any one conversant with

the affairs of the island, that the tariff in question was absolutely

necessary to relieve it from financial ruin, and that any strenuous

interference with the right of the assembly to control its own taxes

and expenses would only tend to create complications in the government

and the relations with the parent state. He was convinced, as he wrote

to the colonial office, that an indispensable condition of his

usefulness as a governor was "a just appreciation of the difficulties

with which the legislature of the island had yet to contend, and of

the sacrifices and exertions already made under the pressure of no

ordinary embarrassments."

Here we see Lord Elgin, at the very commencement of his career as a

colonial governor, fully alive to the economic, social, and political

conditions of the country, and anxious to give its people every

legitimate opportunity to carry out those measures which they

believed, with a full knowledge and experience of their own affairs,

were best calculated to promote their own interests. We shall see

later that it was in exactly the same spirit that he administered

Canadian questions of much more serious import.

Though his government in Jamaica was in every sense a success, he

decided not to remain any longer than three years, and so wrote in

1845 to Lord Stanley. Despite his earnest efforts to identify himself

with the island's interests, he had led on the whole a retired and sad

life after the death of his wife. He naturally felt a desire to seek

the congenial and sympathetic society of friends across the sea, and

perhaps return to the active public life for which he was in so many

respects well qualified. In offering his resignation to the colonial

secretary he was able to say that the period of his administration had

been "one of considerable social progress"; that "uninterrupted

harmony" had "prevailed between the colonists and the local

government"; that "the spirit of enterprise" which had proceeded from

Jamaica for two years had "enabled the British West Indian colonies to

endure with comparative fortitude, apprehensions and difficulties

which otherwise might have depressed them beyond measure."

It was not, however, until the spring of 1846 that Lord Elgin was able

to return on leave of absence to England, where the seals of office

were now held by a Liberal administration, in which Lord Grey was

colonial secretary. Although his political opinions differed from

those of the party in power, he was offered the governor-generalship

of Canada when he declined to go back to Jamaica. No doubt at this

juncture the British ministry recognized the absolute necessity that

existed for removing all political grievances that arose from the

tardy concession of responsible government since the death of Lord

Sydenham, and for allaying as far as possible the discontent that

generally prevailed against the new fiscal policy of the parent state,

which had so seriously paralyzed Canadian industries. It was a happy

day for Canada when Lord Elgin accepted this gracious offer of his

political opponents, who undoubtedly recognized in him the possession

of qualities which would enable him successfully, in all probability,

to grapple with the perplexing problems which embarrassed public

affairs in the province. He felt (to quote his own language at a

public dinner given to him just before his departure for Canada) that

he undertook no slight responsibilities when he promised "to watch

over the interests of those great offshoots of the British race which

plant themselves in distant lands, to aid them in their efforts to

extend the domain of civilization, and to fulfill the first behest of

a benevolent Creator to His intelligent creatures--'subdue the earth';

to abet the generous endeavour to impart to these rising communities

the full advantages of British laws, British institutions, and British

freedom; to assist them in maintaining unimpaired--it may be in

strengthening and confirming--those bonds of mutual affection which

unite the parent and dependent states."

Before his departure for the scene of his labours in America, he

married Lady Mary Louisa Lambton, daughter of the Earl of Durham,

whose short career in Canada as governor-general and high commissioner

after the rebellion of 1837 had such a remarkable influence on the

political conditions of the country. Whilst we cannot attach too much

importance to the sage advice embodied in that great state paper on

Canadian affairs which was the result of his mission to Canada, we

cannot fail at the same time to see that the full vindication of the

sound principles laid down in that admirable report is to be found in

the complete success of their application by Lord Elgin. The minds of

both these statesmen ran in the same direction. They desired to give

adequate play to the legitimate aspirations of the Canadian people for

that measure of self-government which must stimulate an independence

of thought and action among colonial public men, and at the same time

strengthen the ties between the parent state and the dependency by

creating that harmony and confidence which otherwise could not exist

in the relations between them. But while there is little doubt that

Lord Elgin would under any circumstances have been animated by a deep

desire to establish the principles of responsible government in

Canada, this desire must have been more or less stimulated by the

tender ties which bound him to the daughter of a statesman whose

opinions where so entirely in harmony with his own. In Lord Elgin's

temperament there was always a mingling of sentiment and reason, as

may be seen by reference to his finest exhibitions of eloquence. We

can well believe that a deep reverence for the memory of a great man,

too soon removed from the public life of Great Britain, combined with

the natural desire to please his daughter when he wrote these words to

her:--

"I still adhere to my opinion that the real and effectual

vindication of Lord Durham's memory and proceedings will be

the success of a governor-general of Canada who works out

his views of government fairly. Depend upon it, if this

country is governed for a few years satisfactorily, Lord

Durham's reputation as a statesman will be raised beyond the

reach of cavil."

Now, more than half a century after he penned these words and

expressed this hope, we all perceive that Lord Elgin was the

instrument to carry out this work.

Here it is necessary to close this very brief sketch of Lord Elgin's

early career, that I may give an account of the political and economic

conditions of the dependency at the end of January, 1847, when he

arrived in the city of Montreal to assume the responsibilities of his

office. This review will show the difficulties of the political

situation with which he was called upon to cope, and will enable us to

obtain an insight into the high qualifications which he brought to the

conduct of public affairs in the Canadas.

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