CHAPTER VI

THE HINCKS-MORIN MINISTRY.

When LaFontaine resigned the premiership the ministry was dissolved

and it was necessary for the governor-general to choose his successor.

After the retirement of Baldwin, Hincks and his colleagues from Upper

Canada were induced to remain in the cabinet and the latter became the

leader in that province. He was endowed with great natural shrewdness,

was deeply versed in financial and commercial matters, had a complete

comprehension of the material conditions of the province, and

recognized the necessity of rapid railway construction if the people

were to hold their own against the competition of their very energetic

neighbours to the south. His ideas of trade, we can well believe,

recommended themselves to Lord Elgin, who saw in him the very man he

needed to help him in his favourite scheme of bringing about

reciprocity with the United States. At the same time he was now the

most prominent man in the Liberal party so long led by Baldwin and

LaFontaine, and the governor-general very properly called upon him to

reconstruct the ministry. He assumed the responsibility and formed the

government known in the political history of Canada as the

Hincks-Morin ministry; but before we consider its _personnel_ and

review its measures, it is necessary to recall the condition of

political parties at the time it came into power.

During the years Baldwin and LaFontaine were in office, the politics

of the province were in the process of changes which eventually led to

important results in the state of parties. The _Parti Rouge_ was

formed in Lower Canada out of the extreme democratic element of the

people by Papineau, who, throughout his parliamentary career since his

return from exile, showed the most determined opposition to

LaFontaine, whose measures were always distinguished by a spirit of

conservatism, decidedly congenial to the dominant classes in French

Canada where the civil and religious institutions of the country had

much to fear from the promulgation of republican principles.

The new party was composed chiefly of young Frenchmen, then in the

first stage of their political growth--notably A.A. Dorion, J.B.E.

Dorion (_l'enfant terrible_), R. Doutre, Dessaules, Labrèche, Viger,

and Laflamme; L.H. Holton, and a very few men of British descent were

also associated with the party from its commencement. Its organ was

_L'Avenir_ of Montreal, in which were constantly appearing violent

diatribes and fervid appeals to national prejudice, always peculiar to

French Canadian journalism. It commenced with a programme in which it

advocated universal suffrage, the abolition of property qualification

for members of the legislature, the repeal of the union, the abolition

of tithes, a republican form of government, and even, in a moment of

extreme political aberration, annexation to the United States. It was

a feeble imitation of the red republicanism of the French revolution,

and gave positive evidences of the inspiration of the hero of the

fight at St. Denis in 1837. Its platform was pervaded not only by

hatred of British institutions, but with contempt for the clergy and

religion generally. Its revolutionary principles were at once

repudiated by the great mass of French Canadians and for years it had

but a feeble existence. It was only when its leading spirits

reconstructed their platform and struck out its most objectionable

planks, that it became something of a factor in practical Canadian

politics. In 1851 it was still insignificant numerically in the

legislature, and could not affect the fortunes of the Liberal party in

Lower Canada then distinguished by the ability of A.N. Morin, P.J.O.

Chauveau, R.E. Caron, E.P. Taché, and L.P. Drummond. The recognized

leader of this dominant party was Morin, whose versatile knowledge,

lucidity of style, and charm of manner gave him much strength in

parliament. His influence, however, as I have already said, was too

often weakened by an absence of energy and of the power to lead at

national or political crises.

Parties in Upper Canada also showed the signs of change. The old Tory

party had been gradually modifying its opinions under the influence of

responsible government, which showed its wisest members that ideas

that prevailed before the union had no place under the new,

progressive order of things. This party, nominally led by Sir Allan

MacNab, that staunch old loyalist, now called itself Conservative, and

was quite ready, in fact anxious, to forget the part it took in

connection with the rebellion-losses legislation, and to win that

support in French Canada without which it could not expect to obtain

office. The ablest man in its councils was already John Alexander

Macdonald, whose political sagacity and keenness to seize political

advantages for the advancement of his party, were giving him the lead

among the Conservatives. The Liberals had shown signs of

disintegration ever since the formation of the "Clear Grits," whose

most conspicuous members were Peter Perry, the founder of the Liberal

party in Upper Canada before the union; William McDougall, an eloquent

young lawyer and journalist; Malcolm Cameron, who had been assistant

commissioner of public works in the LaFontaine-Baldwin government; Dr.

John Rolph, one of the leaders of the movement that ended in the

rebellion of 1837; Caleb Hopkins, a western farmer of considerable

energy and natural ability; David Christie, a well-known

agriculturist; and John Leslie, the proprietor of the Toronto

_Examiner_, the chief organ of the new party. It was organized as a

remonstrance against what many men in the old Liberal party regarded

as the inertness of their leaders to carry out changes considered

necessary in the political interests of the country. Its very name was

a proof that its leaders believed there should be no reservation in

the opinion held by their party--that there must be no alloy or

foreign metal in their political coinage, but it must be clear Grit.

Its platform embraced many of the cardinal principles of the original

Reform or Liberal party, but it also advocated such radical changes as

the application of the elective principle to all classes of officials

(including the governor-general), universal suffrage, vote by ballot,

biennial parliaments, the abolition of the courts of chancery and

common pleas, free trade and direct taxation.

The Toronto _Globe_, which was for a short time the principal exponent

of ministerial views, declared that many of the doctrines enunciated

by the Clear Grits "embody the whole difference between a republican

form of government and the limited monarchy of Great Britain." _The

Globe_ was edited by George Brown, a Scotsman by birth, who came with

his father in his youth to the western province and entered into

journalism, in which he attained eventually signal success by his

great intellectual force and tenacity of purpose. His support of the

LaFontaine-Baldwin ministry gradually dropped from a moderate

enthusiasm to a positive coolness, from its failure to carry out the

principles urged by _The Globe_--especially the secularization of the

clergy reserves. Then he commenced to raise the cry of French

domination and to attack the religion and special institutions of

French Canada with such virulence that at last he became "a

governmental impossibility," so far as the influence of that province

was concerned. He supported the Clear Grits in the end, and became

their recognized leader when they gathered to themselves all the

discontented and radical elements of the Liberal party which had for

some years been gradually splitting into fragments. The power of the

Clear Grits was first shown in 1851, when William Lyon Mackenzie

succeeded in obtaining a majority of Reformers in support of his

motion for the abolition of the court of chancery, and forced the

retirement of Baldwin, whose conservatism had gradually brought him

into antagonism with the extremists of his old party.

Although relatively small in numbers in 1851, the Clear Grits had the

ability to do much mischief, and Hincks at once recognized the

expediency of making concessions to their leaders before they

demoralized or ruined the Liberal party in the west. Accordingly, he

invited Dr. Rolph and Malcolm Cameron to take positions in the new

ministry. They consented on condition that the secularization of the

clergy reserves would be a part of the ministerial policy. Hincks then

presented the following names to the governor-general:

Upper Canada.--Hon. F. Hincks, inspector-general; Hon. W.B.

Richards, attorney-general of Upper Canada; Hon. Malcolm

Cameron, president of the executive council; Hon. John

Rolph, commissioner of crown lands; Hon. James Morris,

postmaster-general.

Lower Canada.--Hon. A.N. Morin, provincial secretary, Hon. L.P.

Drummond, attorney-general of Lower Canada; Hon. John Young,

commissioner of public works; Hon. R.E. Caron, president of

legislative council; Hon. E.P. Taché, receiver-general.

Later, Mr. Chauveau and Mr. John Ross were appointed

solicitors-general for Lower and Upper Canada, without seats in the

cabinet.

Parliament was dissolved in November, when it had completed its

constitutional term of four years, and the result of the elections was

the triumph of the new ministry. It obtained a large majority in Lower

Canada, and only a feeble support in Upper Canada. The most notable

acquisition to parliament was George Brown, who had been defeated

previously in a bye-election of the same year by William Lyon

Mackenzie, chiefly on account of his being most obnoxious to the Roman

Catholic voters. He was assuming to be the Protestant champion in

journalism, and had made a violent attack on the Roman Catholic faith

on the occasion of the appointment of Cardinal Wiseman as Archbishop

of Westminster, an act denounced by extreme Protestants throughout the

British empire as an unconstitutional and dangerous interference by

the Pope with the dearest rights of Protestant England. As soon as

Brown entered the legislature he defined his political position by

declaring that, while he saw much to condemn in the formation of the

ministry and was dissatisfied with Hincks's explanations, he preferred

giving it for the time being his support rather than seeing the

government handed over to the Conservatives. As a matter of fact, he

soon became the most dangerous adversary that the government had to

meet. His style of speaking--full of facts and bitterness--and his

control of an ably conducted and widely circulated newspaper made him

a force in and out of parliament. His aim was obviously to break up

the new ministry, and possibly to ensure the formation of some new

combination in which his own ambition might be satisfied. As we shall

shortly see, his schemes failed chiefly through the more skilful

strategy of the man who was always his rival--his successful

rival--John A. Macdonald.

During its existence the Hincks-Morin ministry was distinguished by

its energetic policy for the promotion of railway, maritime and

commercial enterprises. It took the first steps to stimulate the

establishment of a line of Atlantic steamers by the offer of a

considerable subsidy for the carriage of mails between Canada and

Great Britain. The first contract was made with a Liverpool firm,

McKean, McLarty & Co., but the service was not satisfactorily

performed, owing, probably--according to Hincks--to the war with

Russia, and it was necessary to make a new arrangement with the

Messrs. Allan, which has continued, with some modification, until the

present time.

The negotiations for the construction of an intercolonial railway

having failed for the reasons previously stated, (p. 100), Hincks made

successful applications to English capitalists for the construction of

the great road always known as the Grand Trunk Railway of Canada. It

obtained a charter authorizing it to consolidate the lines from Quebec

to Richmond, from Quebec to Rivière du Loup, and from Toronto to

Montreal, which had received a guarantee of $3,000 a mile in

accordance with the law passed in 1851. It also had power to build the

Victoria bridge across the St. Lawrence at Montreal, and lease the

American line to Portland. By 1860, this great national highway was

completed from Rivière du Loup on the lower St. Lawrence as far as

Sarnia and Windsor on the western lakes. Its early history was

notorious for much jobbery, and the English shareholders lost the

greater part of the money which they invested in this Canadian

undertaking.[13] It cost the province from first to last upwards of

$16,000,000 but it was, on the whole, money expended in the interests

of the country, whose internal development would have been very

greatly retarded in the absence of rapid means of transit between east

and west. The government also gave liberal aid to the Great Western

Railway, which extended from the Niagara river to Hamilton, London and

Windsor, and to the Northern road, which extended north from Toronto,

both of which, many years later, became parts of the Grand Trunk

system.

In accordance with its general progressive policy, the Hincks-Morin

ministry passed through the legislature an act empowering

municipalities in Upper Canada, after the observance of certain

formalities, to borrow money for the building of railways by the issue

of municipal debentures guaranteed by the provincial government. Under

this law a number of municipalities borrowed large sums to assist

railways and involved themselves so heavily in debt that the province

was ultimately obliged to come to their assistance and assume their

obligations. For years after the passage of this measure, Lower Canada

received the same privileges, but the people of that province were

never carried away by the enthusiasm of the west and never burdened

themselves with debts which they were unable to pay. The law, however,

gave a decided impulse at the outset to railway enterprise in Upper

Canada, and would have been a positive public advantage had it been

carried out with some degree of caution.

The government established a department of agriculture to which were

given control of the taking of a decennial census, the encouragement

of immigration, the collection of agricultural and other statistics,

the establishment of model farms and agricultural schools, the holding

of annual exhibitions and fairs, and other matters calculated to

encourage the cultivation of the soil in both sections of the

province. Malcolm Cameron became its first minister in connection with

his nominal duties as president of the executive council--a position

which he had accepted only on condition that it was accompanied by

some more active connection with the administration of public affairs.

For three sessions the LaFontaine-Baldwin ministry had made vain

efforts to pass a law increasing the representation of the two

provinces to one hundred and thirty or sixty-five members for each

section. As already stated the Union Act required that such a measure

should receive a majority of two-thirds in each branch of the

legislature. It would have become law on two occasions had it not been

for the factious opposition of Papineau, whose one vote would have

given the majority constitutionally necessary. When it was again

presented in 1853 by Mr. Morin, it received the bitter opposition of

Mr. Brown, who was now formulating the doctrine of representation by

population which afterwards became so important a factor in provincial

politics that it divided west from east, and made government

practically impossible until a federal union of the British North

American provinces was brought about as the only feasible solution of

the serious political and sectional difficulties under which Canada

was suffering. A number of prominent Conservatives, including Mr. John

A. Macdonald, were also unfavourable to the measure on the ground that

the population of Upper Canada, which was steadily increasing over

that of Lower Canada, should be equitably considered in any

readjustment of the provincial representation. The French Canadians,

who had been forced to come into the union hi 1841 with the same

representation as Upper Canada with its much smaller population, were

now unwilling to disturb the equality originally fixed while agreeing

to an increase in the number of representatives from each section.

The bill, which became law in 1853, was entirely in harmony with

the views entertained by Lord Elgin when he first took office as

governor-general of Canada. In 1847 he gave his opinion to the

colonial secretary that "the comparatively small number of members

of which the popular bodies who determine the fate of provincial

administrations" consisted was "unfavourable to the existence of a

high order of principle and feeling among official personages." When a

defection of two or three individuals from a majority of ten or so put

an administration in peril, "the perpetual patchwork and trafficking

to secure this vote and that (not to mention other evils) so engrosses

the time and thoughts of ministers that they have not leisure for

matters of greater moment" He clearly saw into the methods by which

his first unstable ministry, which had its origin in Lord Metcalfe's

time, was alone able to keep its feeble majority. "It must be

remembered," he wrote in 1847, "that it is only of late that the

popular assemblies in this part of the world have acquired the right

of determining who shall govern them--of insisting, as we phrase it,

that the administration of affairs shall be conducted by persons

enjoying their confidence. It is not wonderful that a privilege of

this kind should be exercised at first with some degree of

recklessness, and that while no great principles of policy are at

stake, methods of a more questionable character for winning and

retaining the confidence of these arbiters of destiny should be

resorted to."

While the Hincks government was in office, the Canadian legislature

received power from the imperial authorities--as I shall show

later--to settle the question of the clergy reserves on condition that

protection should be given to those members of the clergy who had been

beneficiaries under the Constitutional Act of 1791. A measure was

passed for the settlement of the seigniorial tenure question on an

equitable basis, but it was defeated in the legislative council by a

large majority amongst which we see the names of several seigneurs

directly interested in the measure. It was not fully discussed in that

chamber on the ground that members from Upper Canada had not had a

sufficient opportunity of studying the details of the proposed

settlement and of coming to a just conclusion as to its merits. The

action of the council under these circumstances was severely

criticized, and gave a stimulus to the movement that had been steadily

going on for years among radical reformers of both provinces in favour

of an elective body.

The result was that in 1854 the British parliament repealed the

clauses of the Union Act of 1840 with respect to the upper House, and

gave full power to the Canadian legislature to make such changes as it

might deem expedient--another concession to the principle of local

self-government. It was not, however, until 1856, that the legislature

passed a bill giving effect to the intentions of the imperial law, and

the first elections were held for the council. Lord Elgin was always

favourable to this constitutional change. "The position of the second

chamber of our body politic"--I quote from a despatch of March,

1853--"is at present wholly unsatisfactory. The principle of election

must be introduced in order to give to it the influence which it ought

to possess, and that principle must be so applied as to admit of the

working of parliamentary government (which I for one am certainly not

prepared to abandon for the American system) with two elective

chambers... When our two legislative bodies shall have been placed on

this improved footing, a greater stability will have been imparted to

our constitution, and a greater strength." Lord Elgin's view was

adopted and the change was made.

It is interesting to note that so distinguished a statesman as Lord

Derby, who had been colonial secretary in a previous administration,

had only gloomy forebodings of the effects of this elective system

applied to the upper House. He believed that the dream that he had of

seeing the colonies form eventually "a monarchical government,

presided over by one nearly and closely allied to the present royal

family," would be proved quite illusory by the legislation in

question. "Nothing," he added, "like a free and regulated monarchy

could exist for a single moment under such a constitution as that

which is now proposed for Canada. From the moment that you pass this

constitution, the progress must be rapidly towards republicanism, if

anything could be more really republican than this bill." As a matter

of fact a very few years later than the utterance of these gloomy

words, Canada and the other provinces of British North America entered

into a confederation "with a constitution similar in principle to that

of the United Kingdom"--to quote words in the preamble of the Act of

Union--and with a parliament of which the House of Commons is alone

elective. More than that, Lord Derby's dream has been in a measure

realized and Canada has seen at the head of her executive a

governor-general--the present Duke of Argyle--"nearly and closely

allied to the present royal family" of England, by his marriage to the

Princess Louise, the fourth daughter of Queen Victoria, who

accompanied her husband to Ottawa.

One remarkable feature of the Imperial Act dealing with this question

of the council, was the introduction of a clause which gave authority

to a mere majority of the members of the two Houses of the legislature

to increase the representation, and consequently removed that

safeguard to French Canada which required a two-thirds vote in each

branch. As the legislature had never passed an address or otherwise

expressed itself in favour of such an amendment of the Union Act,

there was always a mystery as to the way it was brought about. Georges

Étienne Cartier always declared that Papineau was indirectly

responsible for this imperial legislation. As already stated, the

leader of the Rouges had voted against the bill increasing the

representation, and had declaimed like others against the injustice

which the clause in the Union Act had originally done to French

Canada. "This fact," said Cartier, "was known in England, and when

leave was given to elect legislative councillors, the amendment

complained of was made at the same time. It may be said then, that if

Papineau had not systematically opposed the increase of

representation, the change in question would have never been thought

of in England." Hincks, however, was attacked by the French Canadian

historian, Garneau, for having suggested the amendment while in

England in 1854. This, however, he denied most emphatically in a

pamphlet which he wrote at a later time when he was no longer in

public life. He placed the responsibility on John Boulton, who called

himself an independent Liberal and who was in England at the same time

as Hincks, and probably got the ear of the colonial secretary or one

of his subordinates in the colonial office, and induced him to

introduce the amendment which passed without notice in a House where

very little attention was given, as a rule, to purely colonial

questions.

In 1853 Lord Elgin visited England, where he received unqualified

praise for his able administration of Canadian affairs. It was on this

occasion that Mr. Buchanan, then minister of the United States in

London, and afterwards a president of the Republic, paid this tribute

to the governor-general at a public dinner given in his honour.

"Lord Elgin," he said, "has solved one of the most difficult problems

of statesmanship. He has been able, successfully and satisfactorily,

to administer, amidst many difficulties, a colonial government over a

free people. This is an easy task where the commands of a despot are

law to his obedient servants, but not so in a colony where the people

feel that they possess the rights and privileges of native-born

Britons. Under his enlightened government, Her Majesty's North

American provinces have realized the blessings of a wise, prudent and

prosperous administration, and we of the neighbouring nation, though

jealous of our rights, have reason to be abundantly satisfied with his

just and friendly conduct towards ourselves. He has known how to

reconcile his devotion to Her Majesty's service with a proper regard

to the rights and interests of a kindred and neighbouring people.

Would to heaven we had such governors-general in all the European

colonies in the vicinity of the United States!"

On his return from England Lord Elgin made a visit to Washington and

succeeded in negotiating the reciprocity treaty which he had always at

heart. It was not, however, until a change of government occurred in

Canada, that the legislature was able to give its ratification to this

important measure. This subject is of such importance that it will be

fully considered in a separate chapter on the relations between Canada

and the United States during Lord Elgin's term of office.

In 1854 the Roman Catholic inhabitants of Quebec and Montreal were

deeply excited by the lectures of a former monk, Father Gavazzi, who

had become a Protestant and professed to expose the errors of the

faith to which he once belonged. Much rioting took place in both

cities, and blood was shed in Montreal, where the troops, which had

been called out, suddenly fired on the mob. Mr. Wilson, the mayor, who

was a Roman Catholic, was accused of having given the order to fire,

but he always denied the charge, and Hincks, in his "Reminiscences,"

expresses his conviction that he was not responsible. He was persuaded

that "the firing was quite accidental, one man having discharged his

piece from misapprehension, and others having followed his example

until the officers threw themselves in front, and struck up the

firelocks." Be this as it may, the Clear Grits in the West promptly

made use of this incident to attack the government on the ground that

it had failed to make a full investigation into the circumstances of

the riot. As a matter of fact, according to Hincks, the government did

take immediate steps to call the attention of the military commandant

to the matter, and the result was a court of inquiry which ended in

the removal of the regiment--then only a few days in Canada--to

Bermuda for having shown "a want of discipline." Brown inveighed very

bitterly against Hincks and his colleagues, as subject to Roman

Catholic domination in French Canada, and found this unfortunate

affair extremely useful in his systematic efforts to destroy the

government, to which at no time had he been at all favourable.

Several changes took place during 1853 in the _personnel_ of the

ministry, which met parliament on June 13th, with the following

members holding portfolios:

Hon. Messrs. Hincks, premier and inspector-general; John

Ross, formerly solicitor-general west in place of Richards,

elevated to the bench, attorney-general for Upper Canada;

James Morris, president of the legislative council, in place

of Mr. Caron, now a judge; John Rolph, president of the

executive council; Malcolm Cameron, postmaster-general; A.N.

Morin, commissioner of crown lands; L.P. Drummond,

attorney-general for Lower Canada; Mr. Chauveau, formerly

solicitor east, provincial secretary; J. Chabot,

commissioner of public works in place of John Young,

resigned on account of differences on commercial questions;

and E.P. Taché, receiver-general. Dunbar Ross became

solicitor-general east, and Joseph C. Morrison,

solicitor-general west.

The government had decided to have a short session, pass a few

necessary measures and then appeal to the country. The secularization

of the reserves, and the question of the seigniorial tenure were not

to be taken up until the people had given an expression of opinion as

to the ministerial policy generally. As soon as the legislature met,

Cauchon, already prominent in public life, proposed an amendment to

the address, expressing regret that the government had no intention

"to submit immediately a measure to settle the question of the

seigniorial tenure." Then Sicotte, who had not long before declined to

enter the ministry, moved to add the words "and one for the

secularization of the clergy reserves." These two amendments were

carried by a majority of thirteen in a total division of seventy-one

votes. While the French Liberals continued to support Morin, all the

Upper Canadian opponents of the government, Conservatives and Clear

Grits, united with a number of Hincks's former supporters and Rouges

in Lower Canada to bring about this ministerial defeat. The government

accordingly was obliged either to resign or ask the governor-general

for a dissolution. It concluded to adhere to its original

determination, and go at once to the country. The governor-general

consented to prorogue the legislature with a view to an immediate

appeal to the electors. When the Usher of the Black Rod appeared at

the door of the assembly chamber, to ask the attendance of the Commons

in the legislative council, a scene of great excitement occurred.

William Lyon Mackenzie made one of his vituperative attacks on the

government, and was followed by John A. Macdonald, who declared its

course to be most unconstitutional. When at last the messenger from

the governor-general was admitted by order of the speaker, the House

proceeded to the council chamber, where members were electrified by

another extraordinary incident. The speaker of the assembly was John

Sandfield Macdonald, an able Scotch Canadian, in whose character

there was a spirit of vindictiveness, which always asserted itself

when he received a positive or fancied injury. He had been a

solicitor-general of Upper Canada in the LaFontaine-Baldwin government,

and had never forgiven Hincks for not having promoted him to the

attorney-generalship, instead of W.B. Richards, afterwards an eminent

judge of the old province of Canada, and first chief justice of

the Supreme Court of the Dominion. Hincks had offered him the

commissionership of crown lands in the ministry, but he refused to

accept any office except the one on which his ambition was fixed.

Subsequently, however, he was induced by his friends to take the

speakership of the legislative assembly, but he had never forgiven

what he considered a slight at the hands of the prime minister in

1851. Accordingly, when he appeared at the Bar of the Council in 1853,

he made an attempt to pay off this old score. As soon as he had made

his bow to the governor-general seated on the throne, Macdonald

proceeded to read the following speech, which had been carefully

prepared for the occasion in the two languages:

"May it please your Excellency: It has been the immemorial

custom of the speaker of the Commons' House of Parliament to

communicate to the throne the general result of the

deliberations of the assembly upon the principal objects

which have employed the attention of parliament during the

period of their labours. It is not now part of my duty thus

to address your Excellency, inasmuch as there has been no

act passed or judgment of parliament obtained since we were

honoured by your Excellency's announcement of the cause of

summoning of parliament by your gracious speech from the

throne. The passing of an act through its several stages,

according to the law and custom of parliament (solemnly

declared applicable to the parliamentary proceedings of this

province, by a decision of the legislative assembly of

1841), is held to be necessary to constitute a session of

parliament. This we have been unable to accomplish, owing to

the command which your Excellency has laid upon us to meet

you this day for the purpose of prorogation. At the same

time I feel called upon to assure your Excellency, on the

part of Her Majesty's faithful Commons, that it is not from

any want of respect to yourself, or to the August personage

whom you represent in these provinces, that no answer has

been returned by the legislative assembly to your gracious

speech from the throne."

It is said by those who were present on this interesting occasion that

His Excellency was the most astonished person in the council chamber.

Mr. Fennings Taylor, the deputy clerk with a seat at the table, tells

us in a sketch of Macdonald that Lord Elgin's face clearly marked

"deep displeasure and annoyance when listening to the speaker's

address," and that he gave "a motion of angry impatience when he found

himself obliged to listen to the repetition in French of the reproof

which had evidently galled him in English." This incident was in some

respects without parallel in Canadian parliamentary history. There was

a practice, now obsolete in Canada as in England, for the speaker, on

presenting the supply or appropriation bill to the governor-general

for the royal assent, to deliver a short address directing attention

to the principal measures passed during the session about to be

closed.[14] This practice grew up in days when there were no

responsible ministers who would be the only constitutional channel of

communication between the Crown and the assembly. The speaker was

privileged, and could be instructed as "the mouth-piece" of the House,

to lay before the representative of the Sovereign an expression of

opinion on urgent questions of the day. On this occasion Mr. Macdonald

was influenced entirely by personal spite, and made an unwarrantable

use of an old custom which was never intended, and could not be

constitutionally used, to insult the representative of the Crown, even

by inference. Mr. Macdonald was not even correct in his interpretation

of the constitution, when he positively declared that an act was

necessary to constitute a session. The Crown makes a session by

summoning and opening parliament, and it is always a royal prerogative

to prorogue or dissolve it at its pleasure even before a single act

has passed the two Houses. Such a scene could never have occurred with

the better understanding of the duties of the speaker and of the

responsibilities of ministers advising the Crown that has grown up

under a more thorough study of the practice and usages of parliament,

and of the principles of responsible government. This little political

episode is now chiefly interesting as giving an insight into one phase

of the character of a public man, who afterwards won a high position

in the parliamentary and political life of Canada before and after the

confederation of 1867, not by the display of a high order of

statesmanship, but by the exercise of his tenacity of purpose, and by

reason of his reputation for a spiteful disposition which made him

feared by friend and foe.

Immediately after the prorogation, parliament was dissolved and the

Hincks-Morin ministry presented itself to the people, who were now

called upon to elect a larger number of representatives under the act

passed in 1853. Of the constitutionality of the course pursued by the

government in this political crisis, there can now be no doubt. In the

first place it was fully entitled to demand a public judgment on its

general policy, especially in view of the fact, within the knowledge

of all persons, that the opposition in the assembly was composed of

discordant elements, only temporarily brought together by the hope of

breaking up the government. In the next place it felt that it could

not be justified by sound constitutional usage in asking a parliament

in which the people were now imperfectly represented, to settle

definitely such important questions as the clergy reserves and the

seigniorial tenure. Lord Elgin had himself no doubt of the necessity

for obtaining a clear verdict from the people by means of "the more

perfect system of representation" provided by law. In the debate on

the Representation Bill in 1853, John A. Macdonald did not hesitate to

state emphatically that the House should be governed by English

precedents in the position in which it would soon be placed by the

passage of this measure. "Look," he said, "at the Reform Bill in

England. That was passed by a parliament that had been elected only

one year before, and the moment it was passed, Lord John Russell

affirmed that the House could not continue after it had declared that

the country was not properly represented. How can we legislate on the

clergy reserves until another House is elected, if this bill passes? A

great question like this cannot be left to be decided by a mere

accidental majority. We can legislate upon no great question after we

have ourselves declared that we do not represent the country. Do these

gentlemen opposite mean to say that they will legislate on a question

affecting the rights of people yet unborn, with the fag-end of a

parliament dishonoured by its own confessions of incapacity?" Hincks

in his "Reminiscences," printed more than three decades later than

this ministerial crisis, still adhered to the opinion that the

government was fully justified by established precedent in appealing

to the country before disposing summarily of the important questions

then agitating the people. Both Lord Elgin and Sir John A.

Macdonald--to give the latter the title he afterwards received from

the Crown--assuredly set forth the correct constitutional practice

under the peculiar circumstances in which both government and

legislature were placed by the legislation increasing the

representation of the people.

The elections took place in July and August of 1854, for in those

times there was no system of simultaneous polling on one day, but

elections were held on such days and as long as the necessities of

party demanded.[15] The result was, on the whole, adverse to the

government. While it still retained a majority in French Canada, its

opponents returned in greater strength, and Morin himself was defeated

in Terrebonne, though happily for the interests of his party he was

elected by acclamation at the same time in Chicoutimi. In Upper Canada

the ministry did not obtain half the vote of the sixty-five

representatives now elected to the legislature by that province. This

vote was distributed as follows: Ministerial, 30; Conservatives, 22;

Clear Grits, 7; and Independents, 6. Malcolm Cameron was beaten in

Lambton, but Hincks was elected by two constituencies. One auspicious

result of this election was the disappearance of Papineau from public

life. He retired to his pretty chateau on the banks of the Ottawa, and

the world soon forgot the man who had once been so prominent a figure

in Canadian politics. His graces of manner and conversation continued

for years to charm his friends in that placid evening of his life so

very different from those stormy days when his eloquence was a menace

to British institutions and British connection. Before his death, he

saw Lower Canada elevated to an independent and influential position

in the confederation of British North America which it could never

have reached as that _Nation Canadienne_ which he had once vainly

hoped to see established in the valley of the St. Lawrence.

The Rouges, of whom Papineau had been leader, came back in good form

and numbered nineteen members. Antoine A. Dorion, Holton, and other

able men in the ranks of this once republican party, had become wise

and adopted opinions which no longer offended the national and

religious susceptibilities of their race, although they continued to

show for years their radical tendencies which prevented them from ever

obtaining a firm hold of public opinion in a practically Conservative

province, and becoming dominant in the public councils for any length

of time.

The fifth parliament of the province of Canada was opened by Lord

Elgin on February 5th, 1854, and the ministry was defeated immediately

on the vote for the speakership, to which Mr. Sicotte--a dignified

cultured man, at a later time a judge--was elected. On this occasion

Hincks resorted to a piece of strategy which enabled him to punish

John Sandfield Macdonald for the insult he had levelled at the

governor-general and his advisers at the close of the previous

parliament. The government's candidate was Georges Étienne Cartier,

who was first elected in 1849 and who had already become conspicuous

in the politics of his province. Sicotte was the choice of the

Opposition in Lower Canada, and while there was no belief among the

politicians that he could be elected, there was an understanding among

the Conservatives and Clear Grits that an effort should be made in his

behalf, and in case of its failure, then the whole strength of the

opponents of the ministry should be so directed as to ensure the

election of Mr. Macdonald, who was sure to get a good Reform vote from

the Upper Canadian representatives. These names were duly proposed in

order, and Cartier was defeated by a large majority. When the clerk at

the table had called for a vote for Sicotte, the number who stood up

in his favour was quite insignificant, but before the Nays were taken,

Hincks arose quickly and asked that his name be recorded with the

Yeas. All the ministerialists followed the prime minister and voted

for Sicotte, who was consequently chosen speaker by a majority of

thirty-five. But all that Hincks gained by such clever tactics was the

humiliation for the moment of an irascible Scotch Canadian politician.

The vote itself had no political significance whatever, and the

government was forced to resign on September 8th. The vote in favour

of Cartier had shown that the ministry was in a minority of twelve in

Upper Canada, and if Hincks had any doubt of his political weakness it

was at once dispelled on September 7th when the House refused to grant

to the government a short delay of twenty-four hours for the purpose

of considering a question of privilege which had been raised by the

Opposition. On this occasion, Dr. Rolph, who had been quite restless

in the government for some tune, voted against his colleagues and gave

conclusive evidence that Hincks was deserted by the majority of the

Reform party in his own province, and could no longer bring that

support to the French Canadian ministerialists which would enable them

to administer public affairs.

The resignation of the Hincks-Morin ministry begins a new epoch in the

political annals of Canada. From that time dates the disruption of the

old Liberal party which had governed the country so successfully since

1848, and the formation of a powerful combination which was made up of

the moderate elements of that party and of the Conservatives, which

afterwards became known as the Liberal-Conservative party. This new

party practically controlled public affairs for over three decades

until the death of Sir John A. Macdonald, to whose inspiration it

largely owed its birth. With that remarkable capacity for adapting

himself to political conditions, which was one of the secrets of his

strength as a party leader, he saw in 1854 that the time had come for

forming an alliance with those moderate Liberals in the two provinces

who, it was quite clear, had no possible affinity with the Clear

Grits, who were not only small in numbers, but especially obnoxious to

the French Canadians, as a people on account of the intemperate

attacks made by Mr. Brown in the Toronto _Globe_ on their revered

institutions.

The representatives who supported the late ministry were still in

larger numbers than any other party or faction in the House, and it

was obvious that no government could exist without their support. Sir

Allan MacNab, who was the oldest parliamentarian, and the leader of

the Conservatives--a small but compact party--was then invited by the

governor-general to assist him by his advice, during a crisis when it

was evident to the veriest political tyro that the state of parties in

the assembly rendered it very difficult to form a stable government

unless a man could be found ready to lay aside all old feelings of

personal and political rivalry and prejudice and unite all factions on

a common platform for the public advantage. All the political

conditions, happily, were favourable for a combination on a basis of

conciliation and compromise. The old Liberals in French Canada under

the influence of LaFontaine and Morin had been steadily inclining to

Conservatism with the secure establishment of responsible government

and the growth of the conviction that the integrity of the cherished

institutions of their ancient province could be best assured by moving

slowly (_festina lente_), and not by constant efforts to make radical

changes in the body politic. The Liberals, of whom Hincks was leader,

were also very distrustful of Brown, and clearly saw that he could

have no strength whatever in a province where French Canada must have

a guarantee that its language, religion, and civil law, were safe in

the hands of any government that might at any time be formed. The

wisest men among the Conservatives also felt that the time had arrived

for adopting a new policy since the old questions which had once

evoked their opposition had been at last settled by the voice of the

people, and could no longer constitutionally or wisely be made matters

of continued agitation in or out of parliament. "The question that

arose in the minds of the old Liberals," as it was said many years

later by Thomas White, an able journalist and politician,[16]

"was this: shall we hand over the government of this country

to the men who, calling themselves Liberals, have broken up

the Liberal party by the declaration of extravagant views,

by the enunciation of principles far more radical and

reckless than any we are prepared to accept, and by a

restless ambition which we cannot approve? Or shall we not

rather unite with the Conservatives who have gone to the

country declaring, in reference to the great questions which

then agitated it, that if the decision at the polls was

against them, they would no longer offer resistance to their

settlement, but would, on the contrary, assist in such

solution of them as would forever remove them from the

sphere of public or political agitation."

With both Liberals and Conservatives holding such views, it was easy

enough for John A. Macdonald to convince even Sir Allan MacNab that

the time had come for forgetting the past as much as possible, and

constituting a strong government from the moderate elements of the old

parties which had served their turn and now required to be remodelled

on a wider basis of common interests. Sir Allan MacNab recognized the

necessity of bringing his own views into harmony with those of the

younger men of his party who were determined not to allow such an

opportunity for forming a powerful ministry to pass by. The political

situation, indeed, was one calculated to appeal to both the vanity and

self-interest of the veteran statesman, and he accordingly assumed the

responsibility of forming an administration. He communicated

immediately with Morin and his colleagues in Lower Canada, and when he

received a favourable reply from them, his next step was to make

arrangements, if possible, with the Liberals of Upper Canada. Hincks

was only too happy to have an opportunity of resenting the opposition

he had met with from Brown and the extreme Reformers of the western

province, and opened negotiations with his old supporters on the

conditions that the new ministry would take immediate steps for the

secularization of the clergy reserves, and the settlement of the

seigniorial tenure, and that two members of the administration would

be taken from his own followers. The negotiations were successfully

closed on this basis of agreement, and on September 11th the following

ministers were duly sworn into office:

Upper Canada.--Hon. Sir Allan MacNab, president of the

executive council and minister of agriculture; Hon. John A.

Macdonald, attorney-general of Upper Canada; Hon. W. Cayley,

inspector-general; Hon. R. Spence, postmaster-general; Hon.

John Ross, president of the legislative council.

Lower Canada.--Hon. A.N. Morin, commissioner of crown lands;

Hon. L.P. Drummond, attorney-general for Lower Canada; Hon.

P.J.O. Chauveau, provincial secretary; Hon. E.P. Taché,

receiver-general; Hon. J. Chabot, commissioner of public

works.

The new cabinet contained four Conservatives, and six members of the

old ministry. Henry Smith, a Conservative, became solicitor-general

for Upper Canada, and Dunbar Ross continued in the same office for

Lower Canada, but neither of them had seats in the cabinet. The

Liberal-Conservative party, organized under such circumstances was

attacked with great bitterness by the leaders of the discordant

factions, who were greatly disappointed at the success of the

combination formed through the skilful management of Messrs. J.A.

Macdonald, Hineks and Morin.

The coalition was described as "an unholy alliance" of men who had

entirely abandoned their principles. But an impartial historian must

record the opinion that the coalition was perfectly justified by

existing political conditions, that had it not taken place, a stable

government would in all probability have been for some time

impossible, and that the time had come for the reconstruction of

parties with a broad generous policy which would ignore issues at last

dead, and be more in harmony with modern requirements. It might with

some reason be called a coalition when the reconstruction of parties

was going on, but it was really a successful movement for the

annihilation of old parties and issues, and for the formation on their

ruins of a new party which could gather to itself the best materials

available for the effective conduct of public affairs on the patriotic

platform of the union of the two races, of equal rights to all classes

and creeds, and of the avoidance of purely sectional questions

calculated to disturb the union of 1841.

The new government at once obtained the support of a large majority of

the representatives from each section of the province, and was

sustained by the public opinion of the country at large. During the

session of 1854 measures were passed for the secularization of the

reserves, the removal of the seigniorial tenure, and for the

ratification of the reciprocity treaty with the United States. As I

have only been able so far in this historical narrative to refer in a

very cursory manner to these very important questions, I propose now

to give in the following chapter a succinct review of their history

from the time they first came into prominence down to their settlement

at the close of Lord Elgin's administration in Canada.

Lord Elgin · 第 6 / 12 章