CHAPTER V

THE END OF THE LAFONTAINE-BALDWIN MINISTRY, 1851

The LaFontaine-Baldwin government remained in office until October,

1851, when it was constitutionally dissolved by the retirement of the

prime minister soon after the resignation of his colleague from Upper

Canada, whose ability as a statesman and integrity as a man had given

such popularity to the cabinet throughout the country. It has been

well described by historians as "The Great Ministry." During its

existence Canada obtained a full measure of self-government in all

provincial affairs. Trade was left perfectly untrammeled by the repeal

in June, 1849, of the navigation laws, in accordance with the urgent

appeals of the governor-general to the colonial secretary. The

immediate results were a stimulus to the whole commerce of the

province, and an influx of shipping to the ports of the St. Lawrence.

The full control of the post-office was handed over to the Canadian

government. This was one of the most popular concessions made to the

Canadian people, since it gave them opportunities for cheaper

circulation of letters and newspapers, so necessary in a new and

sparsely settled country, where the people were separated from each

other in many districts by long distances. One of the grievances of

the Canadians before the union had been the high postage imposed on

letters throughout British North America. The poor settlers were not

able to pay the three or four shillings, and even more, demanded for

letters mailed from their old homes across the sea, and it was not

unusual to find in country post-offices a large accumulation of dead

letters, refused on account of the expense. The management of the

postal service by imperial officers was in every way most

unsatisfactory; it was chiefly carried on for the benefit of a few

persons, and not for the convenience or consolation of the many who

were always anxious for news of their kin in the "old country." After

the union there was a little improvement in the system, but it was not

really administered in the interests of the Canadian people until it

was finally transferred to the colonial authorities. When this

desirable change took place, an impulse was soon given to the

dissemination of letters and newspapers. The government organized a

post-office department, of which the head was a postmaster-general

with a seat in the cabinet.

Other important measures made provision for the introduction of the

decimal system into the provincial currency, the taking of a census

every ten years, the more satisfactory conduct of parliamentary

elections and the prevention of corruption, better facilities for the

administration of justice in the two provinces, the abolition of

primogeniture with respect to real estate in Upper Canada, and the

more equitable division of property among the children of an

intestate, based on the civil law of French Canada and old France.

Education also continued to show marked improvement in accordance with

the wise policy adopted since 1841. Previous to the union popular

education had been at a very low ebb, although there were a number of

efficient private schools in all the provinces where the children of

the well-to-do classes could be taught classics and many branches of

knowledge. In Lower Canada not one-tenth of the children of the

_habitants_ could write, and only one-fifth could read. In Upper

Canada the schoolmasters as a rule, according to Mrs. Anna

Jameson,[11] were "ill-fed, ill-clothed, ill-paid, or not paid at

all." In the generality of cases they were either Scotsmen or

Americans, totally unfit for the positions they filled. As late as

1833 Americans or anti-British adventurers taught in the greater

proportion of the schools, where the pupils used United States

text-books replete with sentiments hostile to England--a wretched

state of things stopped by legislation only in 1846. Year by year

after the union improvements were made in the school system, with the

object of giving every possible educational facility to rich and poor

alike.

In the course of time elementary education became practically free.

The success of the system in the progressive province of Upper Canada

largely rested on the public spirit of the municipalities. It was

engrafted on the municipal institutions of each county, to which

provincial aid was given in proportion to the amount raised by local

assessment. The establishment of normal schools and public libraries

was one of the useful features of school legislation in those days.

The merits of the system naturally evoked the sympathy and praise of

the governor-general, who was deeply interested in the intellectual

progress of the country. The development of "individual self-reliance

and local exertion under the superintendence of a central authority

exercising an influence almost exclusively moral is the ruling

principle of the system."

Provision was also made for the imparting of religious instruction by

clergymen of the several religious denominations recognized by law,

and for the establishment of separate schools for Protestants or Roman

Catholics whenever there was a necessity for them in any local

division. On the question of religious instruction Lord Elgin always

entertained strong opinions. After expressing on one occasion his deep

gratification at the adoption of legislation which had "enabled Upper

Canada to place itself in the van among the nations in the important

work of providing an efficient system of education for the whole

community," he proceeded to commend the fact that "its foundation was

laid deep in the framework of our common Christianity." He showed then

how strong was the influence of the moral sense in his character:

"While the varying opinions of a mixed religious society are

scrupulously respected.... it is confidently expected that

every child who attends our common schools shall learn there

that he is a being who has an interest in eternity as well

as in time; that he has a Father towards whom he stands in a

closer and more affecting and more endearing relationship

than to any earthly father, and that that Father is in

heaven."

But since the expression of these emphatic opinions the tendency of

legislation in the majority of the provinces--but not in French

Canada, where the Roman Catholic clergy still largely control their

own schools--has been to encourage secular and not religious

education. It would be instructive to learn whether either morality or

Christianity has been the gainer.

It is only justice to the memory of a man who died many years after he

saw the full fruition of his labours to say that Upper Canada owes a

debt of gratitude to the Rev. Egerton Ryerson for his services in

connection with its public school system. He was far from being a man

of deep knowledge or having a capacity for expressing his views with

terseness or clearness. He had also a large fund of personal vanity

which made him sometimes a busybody when inaction or silence would

have been wiser for himself. We can only explain his conduct in

relation to the constitutional controversy between Lord Metcalfe and

the Liberal party by the supposition that he could not resist the

blandishments of that eminent nobleman, when consulted by him, but

allowed his reason to be captured and then gave expression to opinions

and arguments which showed that he had entirely misunderstood the

seriousness of the political crisis or the sound practice of the

parliamentary system which Baldwin, LaFontaine and Howe had so long

laboured to establish in British North America. The books he wrote can

never be read with profit or interest. His "History of the United

Empire Loyalists" is probably the dullest book ever compiled by a

Canadian, and makes us thankful that he was never able to carry out

the intention he expressed in a letter to Sir Francis Hincks of

writing a constitutional history of Canada. But though he made no

figure in Canadian letters, and was not always correct in his estimate

of political issues, he succeeded in making for himself a reputation

for public usefulness in connection with the educational system of

Upper Canada far beyond that of the majority of his Canadian

contemporaries.

The desire of the imperial and Canadian governments to bury in

oblivion the unhappy events of 1837 and 1838 was very emphatically

impressed by the concession of an amnesty in 1849 to all the persons

who had been engaged in the rebellions. In the time of Lord Metcalfe,

Papineau, Nelson, and other rebels long in exile, had been allowed to

return to Canada either by virtue of special pardons granted by the

Crown under the great seal, or by the issue of writs of _nolle

prosequi._ The signal result of the Amnesty Act passed in 1849 by the

Canadian legislature, in accordance with the recommendation in the

speech from the throne, was the return of William Lyon Mackenzie, who

had led an obscure and wretched life in the United States ever since

his flight from Upper Canada in 1837, and had gained an experience

which enabled him to value British institutions more highly than those

of the republic.

An impartial historian must always acknowledge the fact that Mackenzie

was ill-used by the family compact and English governors during his

political career before the rebellion, and that he had sound views of

constitutional government which were well worthy of the serious

consideration of English statesmen. In this respect he showed more

intelligence than Papineau, who never understood the true principles

of parliamentary government, and whose superiority, compared with the

little, pugnacious Upper Canadian, was the possession of a stately

presence and a gift of fervid eloquence which was well adapted to

impress and carry away his impulsive and too easily deceived

countrymen. If Mackenzie had shown more control of his temper and

confined himself to such legitimate constitutional agitation as was

stirred up by a far abler man, Joseph Howe, the father of responsible

government in the maritime provinces, he would have won a far higher

place in Canadian history. He was never a statesman; only an agitator

who failed entirely throughout his passionate career to understand the

temper of the great body of Liberals--that they were in favour not of

rebellion but of such a continuous and earnest enunciation of their

constitutional principles as would win the whole province to their

opinions and force the imperial government itself to make the reforms

imperatively demanded in the public interests.[12] But, while we

cannot recognize in him the qualities of a safe political leader, we

should do justice to that honesty of purpose and that spirit of

unselfishness which placed him on a far higher plane than many of

those men who belonged to the combination derisively called the

"family compact," and who never showed a willingness to consider other

interests than their own. Like Papineau, Mackenzie became a member of

the provincial legislature, but only to give additional evidence that

he did not possess the capacity for discreet, practical statesmanship

possessed by Hincks and Baldwin and other able Upper Canadians who

could in those days devote themselves to the public interests with

such satisfactory results to the province at large.

It was Baldwin who, while a member of the ministry, succeeded in

carrying the measure which created the University of Toronto, and

placed it on the broad basis on which it has rested ever since. His

measure was the result of an agitation which had commenced before the

union. Largely through the influence of Dr. Strachan, the first

Anglican bishop of Upper Canada, Sir Peregrine Maitland, when

lieutenant-governor, had been induced to grant a charter establishing

King's College "at or near York" (Toronto), with university

privileges. Like old King's in Nova Scotia, established before the

beginning of the century, it was directly under the control of the

Church of England, since its governing body and its professors had to

subscribe to its thirty-nine articles. It received an endowment of the

public lands available for educational purposes in the province, and

every effort was made to give it a provincial character though

conducted entirely on sectarian principles. The agitation which

eventually followed its establishment led to some modifications in its

character, but, for all that, it remained practically under the

direction of the Anglican bishop and clergy, and did not obtain the

support or approval of any dissenters. After the union a large edifice

was commenced in the city of Toronto, on the site where the

legislative and government buildings now stand, and an energetic

movement was made to equip it fully as a university.

When the Draper-Viger ministry was in office, it was proposed to meet

the growing opposition to the institution by establishing a university

which should embrace three denominational colleges--King's College,

Toronto, for the Church of England, Queen's College, Kingston, for the

Presbyterians, and Victoria College, Cobourg, for the Methodists--but

the bishop and adherents of the Anglican body strenuously opposed the

measure, which failed to pass in a House where the Tories were in the

ascendant. Baldwin had himself previously introduced a bill of a

similar character as a compromise, but it had failed to meet with any

support, and when he came into office he saw that he must go much

further and establish a non-sectarian university if he expected to

carry any measure on the subject in the legislature. The result was

the establishment of the University of Toronto, on a strictly

undenominational foundation. Bishop Strachan was deeply incensed at

what he regarded as a violation of vested rights of the Church of

England in the University of King's College, and never failed for

years to style the provincial institution "the Godless university." In

this as in other matters he failed to see that the dominant sentiment

of the country would not sustain any attempt on the part of a single

denomination to control a college which obtained its chief support

from public aid. Whilst every tribute must be paid to the zeal,

energy, and courage of the bishop, we must at the same time recognize

the fact that his former connection with the family compact and his

inability to understand the necessity of compromise in educational and

other matters did much injury to a great church.

He succeeded unfortunately in identifying it with the unpopular and

aristocratic party, opposed to the extension of popular government and

the diffusion of cheap education among all classes of people. With

that indomitable courage which never failed him at a crisis he set to

work to advance the denomination whose interests he had always at

heart, and succeeded by appeals to English aid in establishing Trinity

College, which has always occupied a high position among Canadian

universities, although for a while it failed to arouse sympathy in the

public mind, until the feelings which had been evoked in connection

with the establishment of King's had passed away. An effort is now

(1901) being made to affiliate it with the same university which the

bishop had so obstinately and bitterly opposed, in the hope of giving

it larger opportunities for usefulness. Its complete success of late

has been impeded by the want of adequate funds to maintain those

departments of scientific instruction now imperatively demanded in

modern education. When this affiliation takes place, the friends of

Trinity, conversant with its history from its beginning, believe that

the portrait of the old bishop, now hanging on the walls of

Convocation Hall, should be covered with a dark veil, emblematic of

the sorrow which he would feel were he to return to earth and see what

to him would be the desecration of an institution which he built as a

great remonstrance against the spoliation of the church in 1849.

The LaFontaine-Baldwin ministry also proved itself fully equal to the

demands of public opinion by its vigorous policy with respect to the

colonization of the wild lands of the province, the improvement of the

navigation of the St. Lawrence, and the construction of railways.

Measures were passed which had the effect of opening up and settling

large districts by the offer of grants of public land at a nominal

price and very easy terms of payment. In this way the government

succeeded in keeping in the country a large number of French Canadians

who otherwise would have gone to the United States, where the varied

industries of a very enterprising people have always attracted a large

number of Canadians of all classes and races.

The canals were at last completed in accordance with the wise policy

inaugurated after the union by Lord Sydenham, whose commercial

instincts at once recognized the necessity of giving western trade

easy access to the ocean by the improvement of the great waterways of

Canada. It had always been the ambition of the people of Upper Canada

before the union to obtain a continuous and secure system of

navigation from the lakes to Montreal. The Welland Canal between Lakes

Erie and Ontario was commenced as early as 1824 through the enterprise

of Mr. William Hamilton Merritt--afterwards a member of the

LaFontaine-Baldwin ministry--and the first vessel passed its locks in

1829; but it was very badly managed, and the legislature, after having

aided it from time to time, was eventually obliged to take control of

it as a provincial work. The Cornwall Canal was also undertaken at an

early day, but work had to be stopped when it became certain that the

legislature of Lower Canada, then controlled by Papineau, would not

respond to the aspirations of the west and improve that portion of the

St. Lawrence within its provincial jurisdiction.

Governor Haldimand had, from 1779-1782, constructed a very simple

temporary system of canals to overcome the rapids called the Cascades,

Cedars and Côteau, and some slight improvements were made in these

primitive works from year to year until the completion of the

Beauharnois Canal in 1845. The Lachine Canal was completed, after a

fashion, in 1828, but nothing was done to give a continuous river

navigation between Montreal and the west until 1845, when the

Beauharnois Canal was first opened. The Rideau Canal originated in the

experiences of the war of 1812-14, which showed the necessity of a

secure inland communication between Montreal and the country on Lake

Ontario; but though first constructed for defensive purposes, it had

for years decided commercial advantages for the people of Upper

Canada, especially of the Kingston district. The Grenville canal on

the Ottawa was the natural continuation of this canal, as it ensured

uninterrupted water communication between Bytown--now the city of

Ottawa--and Montreal.

The heavy public debt contracted by Upper Canada prior to 1840 had

been largely accumulated by the efforts of its people to obtain the

active sympathy and cooperation of the legislature of French Canada,

where Papineau and his followers seemed averse to the development of

British interests in the valley of the St. Lawrence. After the union,

happily for Canada, public men of all parties and races awoke to the

necessity of a vigorous canal policy, and large sums of money were

annually expended to give the shipping of the lakes safe and

continuous navigation to Montreal. At the same time the channel of

Lake St. Peter between Montreal and Quebec was improved by the harbour

commissioners of the former city, aided by the government. Before the

LaFontaine-Baldwin cabinet left office, it was able to see the

complete success of this thoroughly Canadian or national policy. The

improvement of this canal system--now the most magnificent in the

world--has kept pace with the development of the country down to the

present time.

It was mainly, if not entirely, through the influence of Hincks,

finance minister in the government, that a vigorous impulse was given

to railway construction in the province. The first railroad in British

North America was built in 1837 by the enterprise of Montreal

capitalists, from La Prairie on the south side of the St. Lawrence as

far as St. John's on the Richelieu, a distance of only sixteen miles.

The only railroad in Upper Canada for many years was a horse tramway,

opened in 1839 between Queenston and Chippewa by the old portage road

round the falls of Niagara. In 1845 the St. Lawrence and Atlantic

Railway Company--afterwards a portion of the Grand Trunk

Railway--obtained a charter for a line to connect with the Atlantic

and St. Lawrence Railway Company of Portland, in the State of Maine.

The year 1846 saw the commencement of the Lachine Railway. In 1849 the

Great Western, the Northern, and the St. Lawrence and Atlantic

Railways were stimulated by legislation which gave a provincial

guarantee for the construction of lines not less than seventy-five

miles in length. In 1851 Hincks succeeded in passing a measure which

provided for the building of a great trunk line connecting Quebec with

the western limits of Upper Canada. It was hoped at first that this

road would join the great military railway contemplated between Quebec

and Halifax, and then earnestly advocated by Howe and other public men

of the maritime provinces with the prospect of receiving aid from the

imperial government. If these railway interests could be combined, an

Intercolonial railroad would be constructed from the Atlantic seaboard

to the lakes, and a great stimulus given not merely to the commerce

but to the national unity of British North America, In case, however,

this great idea could not be realized, it was the intention of the

Canadian government to make every possible exertion to induce British

capitalists to invest their money in the great trunk line by a liberal

offer of assistance from the provincial exchequer, and the

municipalities directly interested in its construction.

The practical result of Hincks's policy was the construction of the

Grand Trunk Railway of Canada, not by public aid as originally

proposed, but by British capitalists. The greater inter-colonial

scheme failed in consequence of the conflict of rival routes in the

maritime provinces, and the determination of the British government to

give its assistance only to a road that would be constructed at a long

distance from the United States frontier, and consequently available

for military and defensive purposes--in fact such a road as was

actually built after the confederation of the provinces with the aid

of an imperial guarantee. The history of the negotiations between the

Canadian government and the maritime provinces with respect to the

Intercolonial scheme is exceedingly complicated. An angry controversy

arose between Hincks and Howe; the latter always accused the former of

a breach of faith, and of having been influenced by a desire to

promote the interests of the capitalists concerned in the Grand Trunk

without reference to those of the maritime provinces. Be that as it

may, we know that Hincks left the wordy politicians of Nova Scotia and

New Brunswick to quarrel over rival routes, and, as we shall see

later, went ahead with the Grand Trunk, and had it successfully

completed many years before the first sod on the Intercolonial route

was turned.

In addition to these claims of the LaFontaine-Baldwin government to be

considered "a great ministry," there is the fact that, through the

financial ability of Hincks, the credit of the province steadily

advanced, and it was at last possible to borrow money in the London

market on very favourable terms. The government entered heartily into

the policy of Lord Elgin with respect to reciprocity with the United

States, and the encouragement of trade between the different provinces

of British North America. It was, however, unable to dispose of two

great questions which had long agitated the province--the abolition of

the seigniorial tenure, which was antagonistic to settlement and

colonization, and the secularization of the clergy reserves, granted

to the Protestant clergy by the Constitutional Act of 1791. These

questions will be reviewed at some length in later chapters, and all

that it is necessary to say here is that, while the LaFontaine-Baldwin

cabinet supported preliminary steps that were taken in the legislature

for the purpose of bringing about a settlement of these vexatious

subjects, it never showed any earnest desire to take them up as parts

of its ministerial policy, and remove them from political controversy.

Indeed it is clear that LaFontaine's conservative instincts, which

became stronger with age and experience of political conditions,

forced him to proceed very slowly and cautiously with respect to a

movement that would interfere with a tenure so deeply engrafted in the

social and economic structure of his own province, while as a Roman

Catholic he was at heart always doubtful of the justice of diverting

to secular purposes those lands which had been granted by Great

Britain for the support of a Protestant clergy. Baldwin was also slow

to make up his mind as to the proper disposition of the reserves, and

certainly weakened himself in his own province by his reluctance to

express himself distinctly with respect to a land question which had

been so long a grievance and a subject of earnest agitation among the

men who supported him in and out of the legislature. Indeed when he

presented himself for the last time before his constituents in 1857,

he was emphatically attacked on the hustings as an opponent of the

secularization of the reserves for refusing to give a distinct pledge

as to the course he would take on the question. This fact, taken in

connection with his previous utterances in the legislature, certainly

gives force to the opinion which has been more than once expressed by

Canadian historians that he was not prepared, any more than LaFontaine

himself, to divert funds given for an express purpose to one of an

entirely different character. Under these circumstances it is easy to

come to the conclusion that the LaFontaine-Baldwin ministry was not

willing at any time to make these two questions parts of its

policy--questions on which it was ready to stand or fall as a

government.

The first step towards the breaking up of the ministry was the

resignation of Baldwin following upon the support given by a majority

of the Reformers in Upper Canada to a notion presented by William Lyon

Mackenzie for the abolition of the court of chancery and the transfer

of its functions to the courts of common law. The motion was voted

down in the House, but Baldwin was a believer in the doctrine that a

minister from a particular province should receive the confidence and

support of the majority of its representatives in cases where a

measure affected its interests exclusively. He had taken some pride in

the passage of the act which reorganized the court, reformed old

abuses in its practice, and made it, as he was convinced, useful in

litigation; but when he found that his efforts in this direction were

condemned by the votes of the very men who should have supported him

in the province affected by the measure, he promptly offered his

resignation, which was accepted with great reluctance not only by

LaFontaine but by Lord Elgin, who had learned to admire and respect

this upright, unselfish Canadian statesman. A few months later he was

defeated at an election in one of the ridings of York by an unknown

man, largely on account of his attitude on the question of the clergy

reserves. He never again offered himself for parliament, but lived in

complete retirement in Toronto, where he died in 1858. Then the people

whom he had so long faithfully served, after years of neglect, became

conscious that a true patriot had passed away.

LaFontaine placed his resignation in the hands of the

governor-general, who accepted it with regret. No doubt the former had

deeply felt the loss of his able colleague, and was alive to the

growing belief among the Liberal politicians of Upper Canada that the

government was not proceeding fast enough in carrying out the reforms

which they considered necessary. LaFontaine had become a Conservative

as is usual with men after some experience of the responsibilities of

public administration, and probably felt that he had better retire

before he lost his influence with his party, and before the elements

of disintegration that were forming within it had fully developed.

After his retirement he returned to the practice of law, and in 1853

he became chief justice of the court of appeal of Lower Canada on the

death of Sir James Stuart. At the same time he received from the Crown

the honour of a baronetcy, which was also conferred on the chief

justice of Upper Canada, Sir John Beverley Robinson.

Political historians justly place LaFontaine in the first rank of

Canadian statesmen on account of his extensive knowledge, his sound

judgment, his breadth of view, his firmness in political crises, and

above all his desire to promote the best interests of his countrymen

on those principles of compromise and conciliation which alone can

bind together the distinct nationalities and creeds of a country

peopled like Canada. As a judge he was dignified, learned and

impartial. His judicial decisions were distinguished by the same

lucidity which was conspicuous in his parliamentary addresses. He died

ten years later than the great Upper Canadian, whose honoured name

must be always associated with his own in the annals of a memorable

epoch, when the principles of responsible government were at last,

after years of perplexity and trouble, carried out in their entirety,

and when the French Canadians had come to recognize as a truth that

under no other system would it have been possible for them to obtain

that influence in the public councils to which they were fully

entitled, or to reconcile and unite the diverse interests of a great

province, divided by the Ottawa river into two sections, the one

French and Roman Catholic, and the other English and Protestant.

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