CHAPTER I

Produced by Al Haines

[Frontispiece: Burning of the Parliament Buildings, Montreal, 1849.

From a colour drawing by C. W. Jefferys]

THE WINNING OF

POPULAR GOVERNMENT

A Chronicle of the Union of 1841

BY

ARCHIBALD MACMECHAN

TORONTO

GLASGOW, BROOK & COMPANY

1916

Copyright in all Countries subscribing to

the Berne Convention

TO

ROBERT ALEXANDER FALCONER

PRESIDENT OF THE UNIVERSITY OF TORONTO

STUDENT OF HISTORY AND ENCOURAGER

OF HISTORIANS

{ix}

CONTENTS

Page

I. DURHAM THE DICTATOR . . . . . . . . . . . . . . 1

II. POULETT THOMSON, PEACEMAKER . . . . . . . . . . 25

III. REFORM IN THE SADDLE . . . . . . . . . . . . . . 66

IV. THE GREAT ADMINISTRATION . . . . . . . . . . . . 97

V. THE PRINCIPLE ESTABLISHED . . . . . . . . . . . 132

EPILOGUE . . . . . . . . . . . . . . . . . . . . 161

BIBLIOGRAPHICAL NOTE . . . . . . . . . . . . . . 166

INDEX . . . . . . . . . . . . . . . . . . . . . 167

{xi}

ILLUSTRATIONS

BURNING OF THE PARLIAMENT BUILDINGS, MONTREAL, 1849 _Frontispiece_

From a colour drawing by C. W. Jefferys.

THE EARL OF DURHAM . . . . . . . . . . . . . . . . . _Facing page_ 6

After the painting by Sir Thomas Lawrence.

LORD SYDENHAM . . . . . . . . . . . . . . . . . . . " 34

From an engraving by G. Browning in M'Gill

University Library.

SIR CHARLES BAGOT . . . . . . . . . . . . . . . . . " 74

From an engraving in the Dominion Archives.

SIR CHARLES METCALFE . . . . . . . . . . . . . . . . " 82

After a painting by Bradish.

CHARLES, EARL GREY . . . . . . . . . . . . . . . . . " 98

From the painting by Sir Thomas Lawrence.

SIR LOUIS H. LAFONTAINE . . . . . . . . . . . . . . " 108

After a photograph by Notman.

THE EARL OF ELGIN . . . . . . . . . . . . . . . . . " 136

From a daguerreotype.

{1}

CHAPTER I

DURHAM THE DICTATOR

And let him be dictator

For six months and no more.

The curious sightseer in modern Toronto, conducted through the

well-kept, endless avenues of handsome dwellings which are that city's

pride, might be surprised to learn that at the northern end of the

street which cuts the city in two halves, east and west, bands of armed

Canadians met in battle less than a century ago. If he continued his

travels to Montreal, he might be told, at a certain point, 'Here stood

the Parliament Buildings, when our city was the capital of the country;

and here a governor-general of Canada was mobbed, pelted with rotten

eggs and stones, and narrowly escaped with his life.' And if the

intelligent traveller asked the reason for such scenes, where now all

is peace, the answer might be given in one word--Politics.

To the young, politics seems rather a stupid {2} sort of game played by

the bald and obese middle-aged, for very high stakes, and governed by

no rules that any player is bound to respect. Between the rival teams

no difference is observable, save that one enjoys the sweets of office

and the mouth of the other is watering for them. But this is, of

course, the hasty judgment of uncharitable youth. The struggle between

political parties in Canada arose in the past from a difference in

political principles. It was a difference that could be defined; it

could be put into plain words. On the one side and the other the

guiding ideas could be formulated; they could be defended and they

could be attacked in logical debate. Sometimes it might pass the wit

of man to explain the difference between the Ins and the Outs.

Sometimes politics may be a game; but often it has been a battle. In

support of their political principles the strongest passions of men

have been aroused, and their deepest convictions of right and wrong.

The things by which men live, their religious creeds, their pride of

race, have been enlisted on the one side and the other. This is true

of Canadian politics.

That ominous date, 1837, marks a certain climax or culmination in the

political {3} development of Canada. The constitution of the country

now works with so little friction that those who have not read history

assume that it must always have worked so. There is a real danger in

forgetting that, not so very long ago, the whole machinery of

government in one province broke down, that for months, if not for

years, it looked as if civil government in Lower Canada had come to an

end, as if the colonial system of Britain had failed beyond all hope.

_Deus nobis haec otia fecit_. But Canada's present tranquillity did

not come about by miracle; it came about through the efforts of faulty

men contending for political principles in which they believed and for

which they were even ready to die. The rebellions of 1837 in Upper and

Lower Canada, and what led up to them, the origins and causes of these

rebellions, must be understood if the subsequent warfare of parties and

the evolution of the scattered colonies of British North America into

the compact united Dominion of Canada are not to be a confused and

meaningless tale.[1]

{4}

Futile and pitiful as were the rebellions, whether regarded as attempts

to set up new government or as military adventures, they had widespread

and most serious consequences within and without the country. In

Britain the news caused consternation. Two more American colonies were

in revolt. Battles had been fought and British troops had been

defeated. These might prove, as thought Storrow Brown, one of the

leaders of the 'Sons of Liberty' in Lower Canada, so many Lexingtons,

with a Saratoga and a Yorktown to follow. Sir John Colborne, the

commander-in-chief, was asking for reinforcements. In Lower Canada

civil government was at an end. There was danger of international

complications. For disorders almost without precedent the British

parliament found an almost unprecedented remedy. It invested one man

with extraordinary powers. He was to be captain-general and

commander-in-chief over the provinces of British North America, and

also 'High Commissioner for the adjustment of certain important

questions depending in the ... Provinces of Lower and Upper Canada

respecting the form and future government of the said Provinces.' He

was given 'full power and authority ... by {5} all lawful ways and

means, to inquire into, and, as far as may be possible, to adjust all

questions ... respecting the Form and Administration of the Civil

Government' of the provinces as aforesaid. These extraordinary powers

were conferred upon a distinguished politician in the name of the young

Queen Victoria and during her pleasure. The usual and formal language

of the commission, 'especial trust and confidence in the courage,

prudence, and loyalty' of the commissioner, has in this case deep

meaning; for courage, prudence, and loyalty were all needed, and were

all to be put to the test.

The man born for the crisis was a type of a class hardly to be

understood by the Canadian democracy. He was an aristocratic radical.

His recently acquired title, Lord Durham, must not be allowed to

obscure the fact that he was a Lambton, the head of an old county

family, which was entitled by its long descent to look down upon half

the House of Peers as parvenus. At the family seat, Lambton Castle, in

the county of Durham, Lambton after Lambton had lived and reigned like

a petty prince. There John George was born in August 1792. His father

had been a Whig, a consistent friend of Charles James {6} Fox, at a

time when opposition to the government, owing to the wars with France,

meant social ostracism; and he had refused a peerage. The son had

enjoyed the usual advantages of the young Englishman in his position.

He had been educated at Eton and at the university of Cambridge. Three

years in a crack cavalry regiment at a time when all England was under

arms could have done little to lessen his feeling for his caste. A

Gretna Green marriage with an heiress, while he was yet a minor, is

characteristic of his impetuous temperament, as is also a duel which he

fought with a Mr Beaumont in 1820 during the heat of an election

contest. After the period of political reaction following Waterloo,

reaction in which all Europe shared, England proceeded on the path of

reform towards a modified democracy; and Lambton, entering parliament

at the lucky moment, found himself on the crest of the wave. His Whig

principles had gained the victory; and his personal ability and energy

set him among the leaders of the new reform movement. He was a

son-in-law of Earl Grey, the author of the Reform Bill of 1832, and he

became a member of the Grey Cabinet. Before the Canadian crisis he had

shown his {7} ability to cope with a difficult situation in a

diplomatic mission to Russia, where he is said to have succeeded by the

exercise of tact. He was nicknamed 'Radical Jack,' but any one less

'democratic,' as the term is commonly understood, it would be hard to

find. He surrounded himself with almost regal state during his brief

overlordship of Canada. In Quebec, at the Castle of St Louis, he lived

like a prince. Many tales are told of his arrogant self-assertion and

hauteur. In person he was strikingly handsome. Lawrence painted him

when a boy. He was an able public speaker. He had a fiery temper

which made co-operation with him almost impossible, and which his weak

health no doubt aggravated. He was vain and ambitious. But he was

gifted with powers of political insight. He possessed a febrile energy

and an earnest desire to serve the common weal. Such was the physician

chosen by the British government to cure the cankers of misrule and

disaffection in the body politic of Canada.

[Illustration: The Earl of Durham. After the painting by Sir Thomas

Lawrence.]

Lord Durham received his commission in March 1838. But, though the

need was urgent for prompt action, he did not immediately set out for

Canada. For the delay {8} he was criticized by his political

opponents, particularly by Lord Brougham, once his friend, but now his

bitterest enemy. On the twenty-fourth of April, however, Durham sailed

from Plymouth in H.M.S. _Hastings_ with a party of twenty-two persons.

Besides his military aides for decorative purposes, he brought in his

suite some of the best brains of the time, Thomas Turton, Edward Gibbon

Wakefield, and Carlyle's gigantic pupil, Charles Buller. It is

characteristic of Durham that he should bring a band of music with him

and that he should work his secretaries hard all the way across the

Atlantic. On the twenty-ninth of May the _Hastings_ was at Quebec.

Lord Durham was received by the acting administrator, Sir John

Colborne, and conducted through the crowded streets between a double

hedge of soldiery to the Castle of St Louis, the vice-regal residence.

If Durham had been slow in setting out for the scene of his labours, he

wasted no time in attacking his problems upon his arrival in Canada.

'Princely in his style of living, indefatigable in business, energetic

and decided, though haughty in manner, and desirous to benefit the

Canadas,' is the {9} judgment of a contemporary upon the new ruler. On

the day he was sworn to office he issued his first proclamation. Its

most significant statements are: 'The honest and conscientious

advocates of reform ... will receive from me, without distinction of

party, race, or politics, that assistance and encouragement which their

patriotism has a right to command ... but the disturbers of the public

peace, the violators of the law, the enemies of the Crown and of the

British Empire will find in me an uncompromising opponent, determined

to put in force against them all the powers civil and military with

which I have been invested.' It was a policy of firmness united to

conciliation that Durham announced. He came bearing the sheathed sword

in one hand and the olive branch in the other. The proclamation was

well received; the Canadians were ready to accept him as 'a friend and

arbitrator.' He was to earn the right to both titles.

Durham was determined to begin with a clean slate. With a

characteristic disregard for precedent, he dismissed the existing

Executive Council as well as Colborne's special band of advisers, and

formed two new councils in their place, consisting of {10} members of

his personal staff, military officers, Canadian judges, the provincial

secretary, and the commissary-general. Together they formed a

committee of investigation and advice; and, being composed of both

local and non-local elements, it was a committee specially fitted to

supply the necessary information, and to judge all questions

dispassionately from an outside point of view. This committee acting

with the High Commissioner took the place of regular constitutional

government in Lower Canada. It was an arbitrary makeshift adopted to

meet a crisis.

During the long, tedious voyage of the _Hastings_ the High Commissioner

had not been idle. He had worked steadily for many hours a day at the

knotty Canadian question, studying papers, drafting plans, discussing

point after point with his secretaries. Once in the country, he set to

work in the most thoroughgoing and systematic way to gather further

knowledge. He appointed commissions to report on all special problems

of government--education, immigration, municipal government, the

management of the crown lands. He obtained reports from all sources;

he conferred with men of all shades {11} of political opinion; he

called representative deputations from the uttermost regions under his

sway; he made a flying visit to Niagara in order to see the country

with his own eyes and to study conditions. Such labours were beyond

the capacity of any one man; but Durham was ably supported by his band

of loyal helpers and a public eager to co-operate. The result of all

this activity was the amassing of the priceless data from which was

formed the great document known as Lord Durham's Report.

It is generally overlooked that at this period Canada stood in danger

from external as well as internal enemies. Hardly had Durham landed at

Quebec when there occurred a series of incidents which might have led

to war between Great Britain and the United States. A Canadian

passenger steamer, the _Sir Robert Peel_, sailing from Prescott to

Kingston, was boarded at Wells Island by one 'Bill' Johnson and a band

of armed men with blackened faces. The passengers and crew were put

ashore without their effects, and the steamer was set on fire and

destroyed. Very soon afterwards an American passenger steamer was

fired on by over-zealous sentries at Brockville. Together {12} the

twin outrages were almost enough, in the state of feeling on both

sides, to set the Empire and the Republic by the ears.

The significance of these and other similar incidents can only be

understood by recalling the mental attitude of Americans of the day.

They had a robust detestation of everything British. It is not grossly

exaggerated by Dickens in Martin Chuzzlewit. And that attitude was

entirely natural. The Americans had, or thought they had, beaten the

British in two wars. The very reason for the existence of their nation

was their opposition to British tyranny. They saw that tyranny in all

its balefulness blighting the two Canadas. They saw those oppressed

colonies rising, as they themselves had risen, against their

oppressors. To make the danger all the more acute, the exiled

Canadians, notably William Lyon Mackenzie, went from place to place in

the United States inciting the freeborn citizens of the Republic to aid

the cause of freedom across the line. There was precedent for

intervention. Just a year before the fight at St Charles, an American

hero, Sam Houston, had wrested the huge state of Texas from the misrule

of Mexico and founded a new and independent republic. {13} Hence arose

the huge conspiracy of the 'Hunters' Lodges' all along the northern

border of the United States, of which more in the next chapter.

Durham took prompt action. He offered a reward of a thousand pounds

for such information as should bring the guilty persons to trial in an

American, not a Canadian, court. Thereby he said in effect, 'This is

not an international affair. It is a plain offence against the laws of

the United States, and I am confident that the United States desires to

prevent such outrages.' He followed up this bold declaration of faith

in American justice by sending his brother-in-law, Colonel Grey of the

71st Regiment, to Washington to lay the facts before President Van

Buren and to remonstrate vigorously against the laxity which permitted

an armed force to organize within the borders of the Republic for an

attack upon its peaceful neighbour. Such laxity was against the law of

nations. As a result of Durham's spirited action, the military forces

on both sides of the boundary-line worked in concert to put down such

lawlessness. President Van Buren's attitude, however, cost him his

popularity in his own country.

{14}

The most pressing and most thorny question was how to deal with the

hundreds of prisoners who, since the rebellion, had filled the Canadian

jails. A large number of these were only suspected of treason; some

had been taken in the act of rebellion; and some were confined as

ringleaders, charged with crimes no government could overlook and hope

to survive. In some countries the solution would have been a simple

one: the prisoners would have been backed against the nearest wall and

fusilladed in batches, as the Communists were dealt with in Paris in

the red quarter of the year 1871. Even in Canada there were hideous

cries for bloody reprisals. But the ingrained British habit of giving

the worst criminal a fair trial blocked such a ready and easy way of

restoring tranquillity. Still, a fair trial was impossible. In the

temper then prevailing in the province no French jury would condemn, no

English jury would acquit, a Frenchman charged with treason, however

great or slight his fault might prove to be. The process of trying so

many hundreds of prisoners would be simply so many examples of the

law's burdensome delay. To leave them to rot in prison, as King Bomba

left political offenders {15} against his rule, was unthinkable.

Durham met the difficulty in a bold and merciful way. The young Queen

was crowned on June 28, 1838. Such an event is always a season of

rejoicing and an opportunity for exercising the royal clemency in the

liberation of captives. Following this excellent custom, Durham

proclaimed on that day an amnesty in his sovereign's name; and, in a

month after his arrival, he gave freedom to hundreds of unfortunates,

who had endured many hardships in the old, cruel jails of the time, in

addition to the tortures of suspense as to their ultimate fate.

There were some who could not be so released. They were only eight in

number, but they were such men as Wolfred Nelson and Robert Bouchette,

whose treason was open and notorious. They knew, and Durham knew, that

they could not obtain a fair trial. Therefore the High Commissioner

overleapt the law, and by an ordinance banished these ringleaders to

Bermuda during Her Majesty's pleasure. Durham was much pleased at this

happy solution of a difficult and delicate problem. He congratulated

himself, as well he might, on having terminated a rebellion without

shedding a drop of blood. 'The {16} guilty have received justice, the

misguided, mercy,' he wrote to the Queen, 'but at the same time,

security is afforded to the loyal and peaceable subjects of this

hitherto distracted Province.' Furthermore, his proceedings had been

'approved by all parties--Sir J. Colborne and all the British party,

the Canadians and all the French party.' Durham fancied that this

question was now settled, and that he could proceed unhampered with his

main task of reconstruction. But his justifiable satisfaction was not

to last long.

While the High Commissioner was labouring in Canada, as few officials

have ever laboured, for the good of the Empire, his enemies and his

lukewarm friends in England were between them preparing his downfall.

Of his foes, the most bitter and unscrupulous was Brougham, a political

Ishmael, a curious compound of malignity and versatile intellectual

power. He had criticized Durham's delay in starting for Canada; and he

was only too glad of the handle which the autocratic, czar-like

ordinance of banishment to Bermuda offered him against his enemy. It

is nearly always in the power of a party politician to distort and

misrepresent the act {17} of an opponent, however just or blameless

that act may be. Brougham made a great pother about the rights of

freemen, usurpation, dictatorship. As a lawyer he raised the legal

point, that Durham could not banish offenders from Canada to a colony

over which he had no jurisdiction. He enlisted other lawyers on his

side to attack the composition of Durham's council. The storm Brougham

raised might have done no harm, if Durham's political allies had stood

by him like men. But the prime minister Melbourne, always a timorous

friend, bent before the blast, and Durham's ordinance was disallowed.

The High Commissioner, who had been granted such great powers, was held

to have exceeded those powers. Durham belonged to the caste which felt

a stain upon its honour like a wound. The disallowance of his

ordinance by the home authorities was a blow fair in the face. It put

an end to his career in Canada, by undermining his authority. In those

days of slow communication the news of the disallowance reached him

tardily. By a side wind, from an American newspaper, he first learned

the fact on the twenty-fifth of September. He at once sent in his

resignation, told the {18} people of Canada the reason why in a

proclamation, and as soon as possible left the country for ever.

Brougham was burned in effigy at Quebec. The lucky eight, already in

Bermuda, were speedily released. Never did leaders of an unsuccessful

rebellion suffer less for their indiscretion. From Bermuda they

proceeded to New York to renew their agitation. On the first of

November Durham left Quebec, as he had entered that city, with all the

pomp of military pageantry and in a universal display of public

interest. He came in a crisis; he left amid a crisis. He had spent

five months in office, almost the exact term for which the Romans chose

their chief magistrate in a national emergency and named him dictator.

In the eyes of Durham's enemies his ordinance of banishment was a

ukase; and, at first blush, it looks like an unwarrantable stretching

of his powers. But Durham was on the ground and must necessarily have

known the conditions prevailing much better than his critics three

thousand miles away. Desperate diseases need desperate remedies. The

presumption is always that the man on the ground will be right; and

posterity has {19} passed a final judgment of approval on Durham's bold

slashing of the Gordian knot. New facts have set the whole matter in a

new light. A paper of Buller's,[2] hitherto unpublished, shows that

the ordinance was promulgated _only after consultation with the

prisoners_. 'The prisoners who expected the government to avail itself

of its power of packing a jury were very ready to petition to be

disposed of without trial, and as I had in the meantime ascertained

that the proposed mode of dealing with them would not be condemned by

the leading men of the British party, Lord Durham adopted the plan

proposed.' They regarded banishment as an unexpected mercy, as well

they might. The only alternative was the dock, the condemned cell, and

the gallows.

On the thirtieth of November Durham landed at Plymouth, and by the

middle of the following January he had finished his Report. Early in

February it was printed and laid before the House of Commons. The {20}

curious legend which credits Buller with the authorship is traceable to

Brougham's spite. Macaulay and Brougham met in a London street. The

great Whig historian praised the Report. Brougham belittled it. 'The

matter,' he averred, 'came from a felon, the style from a coxcomb, and

the Dictator furnished only six letters, D-u-r-h-a-m.' The whole

question has been carefully discussed by Stuart J. Reid in his _Life

and Letters of the First Earl of Durham_, and the myth has been given

its quietus. Even if direct external evidence were lacking, a

dispassionate examination of the document itself would dispose of the

legend. In style, temper, and method it is in the closest agreement

with Durham's public dispatches and private letters.

The drafting of this most notable of state papers was the last of

Durham's services to the Empire. A little more than a year later he

was dead and laid to rest in his own county. Fifty thousand people

attended his funeral. A mausoleum in the form of a Greek temple marks

his grave. The funds for this monument were raised by public

subscription, such was the force of popular esteem. His dying words

were prophetic: 'Canada will one day do justice to my memory.'

{21}

The Report was Durham's legacy to his country. It defined once for all

the principles that should govern the relations of the colony with the

mother country, and laid the foundations of the present Canadian unity.

It did not please the factions in Canada; it was too plain-spoken.

Exception may be taken, even at the present day, to some of its

recommendations and conclusions. But its faithful pictures of 'this

hitherto turbulent colony' enable the historical student and the honest

patriot to measure the progress the country has since made on the road

to nationhood. If unpleasant, it is very easy reading. Few

parliamentary reports are closer packed with vital facts or couched in

clearer language. To the task of its composition the author brought

energy, insight, a sense of public duty, a desire to be fair, and, best

of all, an open mind, a perfect readiness to relinquish prepossessions

or prejudices in the face of fresh facts. His ample scheme of

investigation, as carried out by himself and his corps of able helpers,

had put him in control of a huge assemblage of data. On this he

reasoned with admirable results.

The Report consists of four parts. The {22} first, and by far the

largest, portion deals with Lower Canada, as the main storm centre.

The second is concerned with Upper Canada; the third, with the Maritime

Provinces and Newfoundland. Having diagnosed the disease in the body

politic, Durham proposes a remedy. The fourth part is an outline of

the curative process suggested.

'I expected to find a contest between a government and a people; I

found two nations warring in the bosom of a single state.' In that one

sentence Durham precises the situation in Lower Canada. Nothing will

surprise the Canadian of to-day more than the evidence adduced of 'the

deadly animosity' which then existed between the two races. The very

children in the streets fought, French against English. Social

intercourse between the two was impossible. The Report shows the

historical origin and carefully traces the course of this 'deadly

animosity.' It finds much to admire in the character of the French

habitant, but spares neither his faults nor the shortcomings of his

political leaders. It shows that the original racial quarrel was

aggravated by the conduct of the governing officials, both at home and

in Canada, until the French took up arms. {23} The consequences were

'evils which no civilized community can long continue to bear.' There

must be a 'decision'; and it must be 'prompt and final.'

In Upper Canada Durham found a different situation. There the people

were not 'slavish tools of a narrow official clique or a few

purse-proud merchants,' but 'hardy farmers and humble mechanics

composing a very independent, not very manageable, and sometimes a

rather turbulent democracy.' The trouble was that a small party had

secured a monopoly of power and resisted the lawful efforts of moderate

reformers to establish a truly democratic form of government.

Ill-balanced extremists had taken up arms; but the sound political

instinct of the vast majority was against them. Here, too, the

original difficulties had been complicated by official ignorance in

England and the unwisdom of authorities on the spot. The result was

that these 'ample and fertile territories' were in a backward, almost

desperate, condition. Their poverty and stagnation were a depressing

contrast to the prosperity and exhilarating stir of the great American

democracy.

The other outlying provinces presented no {24} such serious problems.

There were various anomalies and difficulties; but they were on their

way to removal.

The 'evils which no civilized community could bear' were to be cured by

a legislative union of the Canadas. The time had gone by for a federal

union. A door must be either open or shut; the French province must

become definitely a British province and find its place in the Empire.

To end the everlasting deadlock between the governor and the

representatives of the people, the Executive should be made responsible

to the Assembly; and, in order to bring the scattered provinces closer

together, an inter-colonial railway should be built. In other words,

the obsolete, bad system of colonial government must undergo radical

reform, both within and without, because 'while the present state of

things is allowed to last, the actual inhabitants of these provinces

have no security for person or property, no enjoyment of what they

possess, no stimulus to industry.'

The story of how this reform was undertaken, and of how, in spite of

many obstacles, it was brought to a triumphant success, must always

remain one of the most important chapters in the political history of

Canada.

[1] The story of the rebellions will be found in two other volumes of

the present Series, _The Family Compact_ and _The Patriotes of '37_,

For earlier cognate history see _The Father of British Canada_ and _The

United Empire Loyalists_.

[2] A sketch of Lord Durham's mission to Canada in 1838, by Charles

Buller. See the edition of Lord Durham's Report edited, with an

introduction, by Sir C. P. Lucas: Oxford, 1912. The original document

was given to Dr Arthur G. Doughty, Dominion Archivist, by the present

Earl of Durham.

{25}

The Winning of Popular Government A Chronicle of the Union of 1841 · 第 1 / 5 章