CHAPTER II

POULETT THOMSON, PEACEMAKER

Wounded and angry at what he considered an intolerable affront, Durham

had placed the reins of government in the firm hands of that fine old

soldier, Sir John Colborne, and had gone to speak with his enemies in

the gate. Not only was the cause of Canada left bleeding; but as soon

as Durham's back was turned, rebellion broke out once more. This

second outbreak arose from the support afforded the Canadian

revolutionists by American 'sympathizers.' The full story of the

'Hunters' Lodges' has never been told, and the sentiment animating that

organization has been quite naturally misunderstood and misrepresented

by Canadian historians. In the thirties of the nineteenth century

western New York was the 'frontier,' and it was peopled by wild,

illiterate frontiersmen, familiar with the use of the rifle and the

bowie-knife, bred in the Revolutionary {26} tradition and nourished on

Fourth of July oratory to a hatred of everything British. The memories

of 1812 were fresh in every mind. These simple souls were told by

their own leaders and by political refugees from Canada, such as

William Lyon Mackenzie, that the two provinces were groaning under the

yoke of the 'bloody Queen of England,' that they were seething with

discontent, that all they needed was a little assistance from free,

chivalrous Americans and the oppressed colonists would shake off

British tyranny for ever. Appeal was made to less exalted sentiment.

Each patriot was to receive a handsome grant of land in the newly

gained territory. Accordingly, in the spring and summer of 1838, a

large scheme to give armed support to the republicans of Canada was

secretly organized all along the northern boundary of the United

States. It was a secret society of 'Hunters' Lodges,' with ritual,

passwords, degrees. Each 'Lodge,' was an independent local body, but a

band of organizers kept control of the whole series from New York to

Detroit. The 'Hunters' are uniformly called 'brigands' and 'banditti'

by the British regular officers who fought them, and the terms have

been {27} handed on without critical examination by Canadian

historians; but not with justice. Misled though they were, the

'Hunters' looked upon Canada only as Englishmen looked upon Greece, or

Poland, or Italy struggling for political freedom: the sentiment,

though misdirected, was anything but ignoble. Acting upon this

sentiment, a Polish refugee, Von Shoultz, led a small force of

'Hunters,' boys and young men from New York State, in an attack on

Prescott, November 10, 1838. He succeeded in surprising the town and

in establishing himself in a strong position in and about the old

windmill, which is now the lighthouse. His position was technically a

'bridge-head,' and he defeated with heavy loss the first attempt to

turn him out of it. If he had been properly supported from the

American side of the river, and if the Canadians had really been ready

to rise _en masse_ as he had been led to believe, the history of Canada

might have been changed. As it was, the invaders were cut off, and, on

the threat of bombardment with heavy guns, surrendered. Their leader

paid for his mistaken chivalry with his life on the gallows within old

Fort Henry at Kingston; and, {28} in recognition of his error, he left

in his will a sum of money to benefit the families of those on the

British side who had lost their lives through his invasion. Of his

followers, some were hanged, some were transported to Tasmania, and

some were set free. During that winter the 'Hunters' made various

other attacks along the border, which were defeated with little effort.

Though now the danger seems to have been slight, it did not seem slight

to the rulers of the Canadas at that time. The numbers and the power

of the 'Hunters' were not known; the sympathy of the American people

was with them, especially while the filibusters were being tried at

drum-head court-martial and hanged; and there was imminent danger of

the United States being hurried by popular clamour into a war with

Great Britain.

All through the summer of 1838 the rebel leaders in the United States

had been plotting for a new insurrection. They were by no means

convinced that their cause was lost. Disaffection was kept alive in

parts of Lower Canada and the habitants were fed with hopes that the

armed assistance of American sympathizers would ensure success for a

second attempt at independence. It may be {29} the sheerest accident

of dates; but Durham took ship at Quebec on the first of November, and

Dr Robert Nelson was declared president of the Canadian republic at

Napierville on the fourth. A copy of Nelson's proclamation preserved

in the Archives at Ottawa furnishes clear evidence of the aims and

intentions of the Canadian radicals: they wanted nothing less than a

separate, independent republic, and they solemnly renounced allegiance

to Great Britain. At two points near the American boundary-line,

Napierville and Odelltown, the loyal militia and regulars clashed with

the rebels and dispersed them. Once more the jails were filled, which

the mercy of Durham had emptied. Once more the cry was raised for

rebel blood, and the winter sky was red with the flame of burning

houses which had sheltered the insurgents. Hundreds of French

Canadians fled across the border; and from this year dates the

immigration from Quebec into New England which has had such an

influence on its manufacturing cities and such a reaction on the

population which remained at home. Another fruit of this ill-starred

rebellion was the haunting dirge of Gerin-Lajoie, _Un Canadien errant_.

Twelve of the leaders were {30} tried for treason, were found guilty,

and were hanged in Montreal. Some of these had been pardoned once for

their part in the rising of the previous year; some were implicated in

plain murder; all were guilty; but the chill deliberate formalities of

the gallows, the sufferings of the wretched men, their bearing on the

scaffold, the vain efforts to obtain reprieve, produced a strong

revulsion of popular feeling in their favour. By the common law of

nations they were traitors; but they are still named and accounted

'patriots.'

At Toronto, Lount and Matthews, two of the rebel leaders of Upper

Canada, were hanged in the jail-yard on April 12, 1839. A petition for

mercy was set aside; Lount's wife on her knees begged the

lieutenant-governor to spare her husband's life, but in vain. Here,

too, public feeling was chiefly pity for the unfortunate. But these

executions did not satisfy the extremists. The lieutenant-governor,

Sir George Arthur, who had long been governor of the penal settlement

in Tasmania, was avowedly in favour of further severities; and vengeful

loyalists clamoured in support. All Durham's work seemed undone. The

political outlook of {31} the Canadas in 1839 was, if anything, darker

and more hopeless than it had been two years before.

Almost as grave as the political condition of the country was the

financial situation. The rebellions of '37 coincided with a

wide-spread financial crisis in the United States, which had its

inevitable reaction upon all business in Canada, and matters had gone

from bad to worse. By the summer of 1839 Upper Canada--the present

rich and prosperous Ontario--was on the verge of bankruptcy. The

reason lay in the ambition of this province. The first roads into any

new country are the rivers. Therefore the population of Canada first

followed and settled along the ancient waterway of the St Lawrence and

the Great Lakes. But this wonderful highway was blocked here and there

by natural obstacles to navigation, long series of rapids and the giant

escarpment of Niagara. To overcome these obstacles the costly Cornwall

and Welland canals had been projected and built. The money for such

vast public works was not to be found in a new country in the pioneer

stage of development; it had to be borrowed outside; and the annual

interest on these borrowings amounted {32} to L75,000, more than half

the annual income of the province. And this huge interest charge was

met by the disastrous policy of further borrowings. After Poulett

Thomson, Durham's successor, became acquainted with Upper Canada--'the

finest country I ever saw,' wrote the man who had seen all Europe--he

testified: 'The finances are more deranged than we believed in

England.... All public works suspended. Emigration going on fast

_from_ the province. Every man's property worth only half what it

was.' Decidedly the political and financial problems of Canada

demanded the highest skill for their solution.

While things had come to this pass in Canada, Lord Durham's Report on

Canada had been presented to the British House of Commons and its

proposals of reform had been made known to the British public. It

revealed the incompetency of Lord Glenelg as colonial secretary; he

resigned and made way for Lord John Russell, who was in hearty accord

with the principles and recommendations of the Report. The chief

recommendation was that the only possible solution of the Canadian

problem lay in the political union of the two provinces. At first the

British {33} government was inclined to bring about this desirable end

by direct Imperial fiat, but in view of the determined opposition of

Upper Canada, it wisely decided to obtain the consent of the two

provinces themselves to a new status, and to induce them, if possible,

to unite of their own motion in a new political entity. The essential

thing was to obtain the consent of the governed; but they were

turbulent, torn by factions, and hard to bring to reason.

For a task of such difficulty and delicacy no ordinary man was

required. Sir John Colborne was not equal to it; he was a plain

soldier, but no diplomat. He was raised to the peerage as Lord Seaton

and transferred. A second High Commissioner, with practically the

powers of a dictator, was appointed governor-general in his stead.

This was a young parliamentarian, of antecedents, training, and outlook

very different from those of his predecessors. Instead of the Army or

the county family, the new governor-general represented the dignity of

old-fashioned London mercantile life. Charles Poulett Thomson had been

in trade; he had been a partner in the firm of Thomson, Bonar and Co.,

tallow-chandlers. Now tallow-chandlery is not {34} generally regarded

as a very exalted form of business, or the gateway to high position;

but in the days of candles it was a business of the first importance.

Candles were then the only light for the stately homes of England, the

House of Commons, the theatres. The battle-lanterns of Britain's

thousand ships were lit by candles. Supplies of tallow must be fetched

from far lands, such as Russia. And this business formed the

governor-general of Canada. As a boy in his teens he was sent into the

counting-house, an apprentice to commerce, and so he escaped the

'education of a gentleman' in the brutal public schools and the

degenerate universities of the time. Business in those days had a sort

of sanctity and was governed by punctilious--almost religious--routine.

In the interests of the business he travelled, while young and

impressionable, to Russia, and mixed to his advantage with the

cosmopolitan society of the capital. Ill-health drove him to the south

of France and Italy, where he resided for two years. His was the rare

nature which really profits by travel. Thus, in a nation of one

tongue, he became a fluent speaker of several European languages; and,

in a nation which prides itself on being blunt {35} and plain, he was

noted for his suave, pleasing, 'foreign' manners. Poulett Thomson

became, in fact, a thorough man of the world, with well-defined

ambitions. He left business and entered politics as a thoroughgoing

Liberal and a convinced free-trader long before free trade became

England's national policy. Another title to distinction was his

friendship with Bentham, who assisted personally in the canvass when

Thomson stood for Dover. From 1830 onwards he was intimately

associated with the leaders of reform. He was a friend of Durham's,

and they had worked together in negotiating a commercial treaty with

France. Continuity in the new Canadian policy was assured by personal

consultations with Durham before Thomson started on his mission.

'Poulett Thomson's policy was based on the Durham Report, and most of

his schemes in regard to Canada were devised under Durham's own roof in

Cleveland Row.'

[Illustration: Lord Sydenham. From an engraving by G. Browning in

M'Gill University Library.]

Business, travel, and politics combined to form the character of

Poulett Thomson. His well-merited titles, Baron Sydenham and Toronto,

tend to obscure the fact that he was essentially a member of the great

middle class, a civilian who had never worn a sword or {36} a military

uniform. He represented that element in English life which is always

enriching the House of Peers by the addition of sheer intellectual

eminence, like that of Tennyson and Kelvin. He had a sense of humour,

a quality of which Head and Durham were devoid. He was amused when he

was not bored by the pomp attending his position. 'The worst part of

the thing to me, individually, is the ceremonial,' he writes. 'The

_bore_ of this is unspeakable. Fancy having to stand for an hour and a

half bowing, and then to sit with one's cocked hat on, receiving

addresses.' In person Thomson was small, slight, elegant,

fragile-looking, with a notably handsome face. He was one of those

clever, agreeable, plausible, managing little men who seem always to

get their own way. They are very adroit and not too scrupulous about

the means they use to attain their ends. They have that absolute

belief in themselves which their friends call self-confidence and their

enemies conceit.

Thomson came to his arduous task brimming with ambition and belief in

his ability to cope with it. He realized to the full the difficulty of

the problem set him and {37} the credit which would accrue if he solved

it. 'After fifteen years,' a friend wrote, 'you have now the golden

opportunity of settling the affairs of Canada upon a safe and firm

footing, ensuring good government to the people, and securing ample

power to the Crown.' He was fully aware of this himself. 'It is a

_great field_ too,' he notes in his private Journal, 'if I can bring

about the union of the provinces and stay for a year to meet the united

assembly and set them to work'; and he contrasts the opportunity for

distinction offered by the Canadian imbroglio with the tame

possibilities of a subordinate position in the Cabinet, which would be

his fate if he remained in England.

The new governor-general reached Quebec in H.M.S. _Pique_ on October

17, 1839, after a stormy passage of thirty-three days. His first task

in Canada was the same as Durham's--to acquaint himself with the actual

conditions--and he flung himself into it with equal energy. Like

Durham, too, he was ably assisted by capable men on his staff, notably

T. W. C. Murdoch, his civil secretary, and James Stuart, the chief

justice of Lower Canada. From the very first he won golden {38}

opinions from all sorts of persons. The tone of his proclamations, the

courtesy and tact of his public utterances, his personal charm made him

speedily popular. The party of Reform was conciliated because he was

known to be in sympathy with the principles of Lord Durham's Report,

while the Conservatives were pleased with his avowed purpose of

strengthening the bonds between the colony and the mother country.

Lower Canada was still a province without a constitution; but it must

have some machinery of government. A makeshift for regular government

was provided by a Legislative Council of fourteen persons of importance

appointed by Sir John Colborne. Their agreement to the principles of

union was soon obtained. The province now seemed tranquil and the

governor-general hurried on to Upper Canada. His account of his

journey from Montreal to Kingston--the changes and stoppages, the

varieties of conveyance--illustrates vividly the difficulties of travel

in those days.

At Toronto Thomson found a totally different set of conditions. Here

was a constitution functioning and a legislature in session; but what a

legislature! Split into half a dozen little cliques and factions, it

was {39} trying to work with no cabinet, no opposition, no party

system--an ideal state of things to which some critics of present

conditions would like to return. The office-holders, that is, the

members of the government, took opposite sides in debate. The Assembly

was a house divided and sub-divided against itself. There was a

wide-spread and persistent clamour for 'responsible government,' but no

one knew precisely what was meant by it. Who was to be 'responsible'?

for what? and to whom? How was it possible to make the local

government 'responsible' to the people of the colony without reducing

the governor to a figurehead? If his authority were reduced to a

shadow, what became of the 'prerogative' and British connection? Was

not 'responsible government' simply the prelude to the absolute

separation of the colony from the mother country? Then there was the

question of the Clergy Reserves agitating every colonial breast.

One-seventh of the public domain had been set aside for the support of

a favoured church: a plain case of monopoly and privilege, said some; a

wise provision for the maintenance of religion, said others. And the

shadow of bankruptcy was {40} hanging over the unhappy colony. The

situation was one of the utmost difficulty, calling for an almost

superhuman combination of ability, tact, and firmness. Here, as in

Lower Canada, the governor-general's first effort was to obtain the

consent of the people's representatives to the great change in the

status of the province which the union would involve. He carried his

point by meeting men and discussing the project with them--a process of

education. Although there was some opposition on various grounds,

reasonable and unreasonable, the Assembly finally consented to the

following terms: first, each province was to have an equal number of

representatives; secondly, a sufficient civil list was to be granted;

thirdly, the debt incurred by Upper Canada for public works of common

interest should be charged upon the revenue of the new united province.

These terms could not be called ideal, especially in regard to Lower

Canada; but union was the only alternative to benevolent despotism or

civil war. In bringing the legislature of Upper Canada to consent to

these terms Thomson had the valuable aid of the cohort of Moderate

Reformers led by Baldwin and Hincks.

{41}

No inconsiderable part of the governor-general's task was a campaign of

education in the _ABC_ of responsible government. Those elementary

ideas of party government now regarded as axiomatic had to be taught

painfully to our rude forefathers in legislation. That the government

should have a definite head or leader in the Assembly, who should speak

for the government, introduce and defend its measures; that the

officials of the government other than those holding permanent posts

should form one body--a ministry--which should automatically relinquish

office and power when it could no longer command a majority in the

legislature, were practically new and by no means welcome ideas to the

old-time law-makers of Canada. The natural corollary that the

opposition also should be organized under a definite leader, who, on

defeating the government, should assume the responsibility of forming a

cabinet, was equally novel. Such a check on reckless criticism was

sadly needed. Of the process by which Thomson achieved his ends even

his fullest biography gives little information. There must have been

endless conferences of homespun, honest farmers like Willson, men of

breeding like {42} Robinson, brilliant lawyers like Sullivan, plain

soldiers like MacNab, with the little, sickly, understanding governor

of the brilliant eyes, the charming manner, and the persuasive tongue.

Of all the varied explaining, discussing, initiating, little record

remains. But the work was done and the results are manifest to the

world. The persuasive little man succeeded in persuading the

law-makers of Upper Canada that the way out of their difficulties lay

not through division but through union. He persuaded them to a change

of status which was a reversal to the old status prior to the

Constitutional Act, and also a prelude to that larger union of the

British colonies in North America which was destined to embrace half

the continent.

Having succeeded almost beyond belief in the first part of his mission,

Thomson turned his attention to the next vexed question. This was the

question of the Clergy Reserves. On this subject much ink had been

spilt and much hard feeling engendered; and it still provokes not a

little ill-directed sarcasm. The whole matter is in danger of being

misunderstood, and eighteenth-century lawmakers are blamed for not

possessing ideas a hundred years ahead of their times.

{43}

By the terms of the Constitutional Act of 1791 one-seventh of the

public lands thereafter to be granted were devoted to 'the Support and

Maintenance of a Protestant Clergy.' The provision was due, it seems,

to the king himself, pious, homely 'Farmer George'; and to men of his

mind no provision could have seemed more natural or right.

'Establishment' had been the rule from time immemorial. The Church of

England was 'established,' that is, provided by law with an income in

England, in Wales, and in Ireland. The 'Kirk' was similarly

'established' in Scotland. In British America itself the Church of

Rome was 'established' very firmly in Lower Canada. What could be more

natural for a Protestant monarch than to make provision for a

'Protestant Clergy' in a British colony settled by British immigrants,

and purchased with such outpouring of British blood and British

treasure? And what more ready and easy way could be found of providing

for that 'clergy' than by endowing it with waste lands which taxed no

one and which would increase in value as the country became settled?

In its essence this endowment was a recognition of the value of the

Christian religion in preserving {44} the state. But trouble arose

almost at once in the interpretation of the terms 'Protestant' and

'clergy.' Was not the Church of Scotland 'Protestant' as well as the

Church of England? Were not the various species of 'Dissenters' also

the most vigorous of 'Protestants'? On the other side it was asked,

Was not the term 'clergy' applied exclusively to the ministers of the

Church of England? It could not apply to any religious teachers

outside the pale; those outside the pale never dreamed of applying it

to themselves. Naturally other denominations wished to share in this

most generous endowment; and quite as naturally the Church of England

desired to stand by the letter of the law and hold what it had of legal

right. Some extremists opposed any and all establishments, holding

that the church should be independent of the state. Let the endowment

be used for the sorely pinched cause of education, and let the

ministers of all denominations depend solely on the Christian

liberality of their people. Perhaps the extremists were in closest

touch with the genius of the new land and the new institutions growing

up in it. To the plain man in the pioneer settlement there seemed

something feudal, something {45} unjust, in creating a privileged

church at the expense of all other churches. Pioneer life brings men

back to primal realities. To the settler in the log-hut the externals

of religion are apt to fade until all churches seem to be much the

same: to set one above all the others seems in his eyes so unjust as to

admit of no argument in its favour. Besides, he had a very real

grievance: the reserved unoccupied lands interfered with his

well-being; they came between farm and farm, increased his taxation,

and prevented the making of the needful roads. How was he to get to

market? to fetch supplies? To-day few will be found to argue for a

state church; but it was not so in the twenties and thirties of the

last century. The battle raged loud and long; and pamphleteer rent

pamphleteer in endless, wordy warfare.

By 1817 the grievance had become clamant; and when that inquisitive

agitator, Robert Gourlay, asked the farmers of Upper Canada what

hindered settlement, he received the answer--Clergy Reserves. Two

years later the Assembly asked for a return of the lands leased and the

revenue derived from them. Up to this time the annual revenue had not

exceeded L700. In the same {46} year, 1819, the 'Kirk' parish of

Niagara applied for a grant of L100, and the law-officers of the Crown

supported the claim. This decision stirred up the Anglicans. They

formed themselves into a corporation in each province to oversee the

administration of the Clergy Reserves. Ownership in the lands was to

be obtained, if obtained at all, through the establishment and

endowment of separate rectories, as provided for in the original act.

Why the directing minds among the Anglicans did not adopt this ready

and easy method of obtaining at least the bulk of the disputed land is

something of a mystery. Apparently they adopted a policy of all or

none. Only in 1836, just before the outbreak of the rebellions, when

political feeling was at fever pitch, did Sir John Colborne, at the

bidding of Bishop Strachan, sign patents for forty-four parishes to be

erected in Upper Canada. The total amount of land devoted to this

purpose was seventeen thousand acres. 'This,' declared Lord Durham,

'is regarded by all other teachers of religion in the country as having

at once degraded them to a position of legal inferiority to the clergy

of the Church of England; and it has been most warmly resented. In the

opinion of many persons, {47} this was the chief predisposing cause of

the recent insurrection, and it is an abiding and unabated cause of

discontent.'

Thomson's way of dealing with this cause of discontent did not dispose

of it for ever, but it at least provided a lenitive. With the business

man's respect for property and vested interests, he was opposed to the

diversion of the grant from its original purpose to the support of

education. He used his powers of persuasion upon 'the leading

individuals among the principal religious communities.' After 'many

interviews' he secured the support of the religious communities to a

measure which he had prepared. By the terms of this bill the remainder

of the reserved land was to be sold and the proceeds were to form a

fund, the income from which should be distributed annually among the

Church of England, the Church of Scotland, and other specified

religious bodies, 'in proportion to their respective numbers.' This

measure was not really acceptable to the Reformers, who wanted to see

the land used in the cause of education; it was distasteful to the Kirk

men; it was gall and wormwood to extreme Anglicans like Bishop

Strachan. None the less, the personal {48} influence of the

diplomatic, strong-willed little man carried it through; and although

the Act itself was disallowed, on excellent grounds, by the Imperial

government, as exceeding the powers of the provincial legislature, yet

the Imperial parliament passed an Act exactly to the same effect.

Thomson had applied a plaster to the sore.

His general view of the political conditions is shown in a private

letter to his chief, Lord John Russell. The picture he draws is

lively, unflattering, but instructive. 'I am satisfied that the mass

of the people are sound--moderate in their demands and attached to

British institutions; but they have been oppressed by a miserable

little oligarchy on the one hand and excited by a few factious

demagogues on the other. I can make a middle reforming party, I am

sure, that will put down both.' The record of seventy-five years and

of two wars shows the attachment of the Canadians to British

institutions, and how justly the governor-general appraised the 'mass

of the people.' Not less clearly did he judge the politicians of the

day, their pettiness, their naive selfishness, their disregard of rule

and form, shocking all the instincts of the British man of business and

{49} the trained parliamentary hand. 'You can form no idea,' he

continues, 'of the way a Colonial Parliament transacts its business. I

got them into comparative order and decency by having measures brought

forward by the Government and well and steadily worked through. But

when they came to their own affairs, and, above all, to money matters,

there was a scene of confusion and riot of which no one in England can

have any idea. Every man proposes a vote for his own job; and bills

are introduced without notice and carried through _all_ their stages in

a quarter of an hour! One of the greatest advantages of the Union will

be that it will be possible to introduce a new system of legislating,

and above all, a restriction upon the initiation of money-votes.

Without the last I would not give a farthing for my bill: and the

change would be decidedly popular; for the members all complain that

under the present system they cannot refuse to move a job for any

constituent who desires it.' Canadians of the present day should study

those words without flinching.

When the session was over Thomson posted back to Montreal, assembled

his Special Council, and set to work, in the role of {50} benevolent

despot, introducing many much-needed reforms. The wheels of government

had been definitely blocked by racial hatred; the constitution was

still suspended. 'There is positively no machinery of government,'

Thomson wrote in a private letter. 'Everything is to be done by the

governor and his secretary.' There were no heads of departments

accessible. When a vacancy occurred, the practice was to appoint two

men to fill it, one French and the other English. There were joint

sheriffs, and joint crown surveyors, who worked against each other.

Ably seconded by the chief justice Stuart, the energetic governor

succeeded in reforming the procedure of the higher courts of judicature

and in establishing district courts after the model of Upper Canada.

Altogether, twenty-one ordinances were passed which had the force of

law. They were indispensable, in Thomson's opinion, in paving the way

for the Union. He was under no illusions as to his methods. 'Nothing

but a despotism could have got them through. A House of Assembly,

whether single or double, would have spent ten years at them,' he

writes, with perfect truth.

The Maritime Provinces next claimed his {51} attention, as they came

within the scope of his commission. In Nova Scotia, likewise, a

struggle for responsible government was in progress, but with striking

differences. The protagonist of the movement, Howe, was the very

reverse of a separatist. He was passionately attached to Britain and

British institutions, and he thought not in terms of his little

province, but of the Empire. Over-topping all other politicians of his

day in native power and breadth of vision, he was successful in working

out the problem of responsible government by purely constitutional

methods, without a symptom of rebellion, the loss of a single life or

any _deus ex machina_ dictator or pacificator from across the seas.

Howe, indeed, was fitted to educate statesmen in the true principles of

democratic government, as his famous letters to Lord John Russell

testify. Howe's achievement must be compared with the failure of

Mackenzie and Papineau, if his true greatness is to appear. When

Thomson and he met, they found that they were at one in principle and

in respect to the measures necessary to bring about the desired

reforms. That month of July 1840 was a very busy one for the

governor-general. He reached Halifax on the ninth and left on {52} the

twenty-eighth for Quebec. In the meantime he had met many men,

discussed many measures, gauged the situation correctly, drafted a

clear memorandum of it, and made a flying visit to St John and

Fredericton. He found New Brunswick happy and contented, a very oasis

of peace in the howling wilderness of colonial politics. His policy

was to get into personal touch with every part of his government and to

see it with his own eyes. On his way back to Montreal from Quebec he

made a detour through the Eastern Townships. Everywhere he increased

his already great popularity.

Apart from his natural and commendable desire to inform himself by the

evidence of his own eyes and ears, these tours were dictated by sound

policy. The governor-general was his own minister, the approaching

election was his election, the Union was his measure; so his public

appearances, speeches, replies to addresses, personal interviews were

all in the nature of an election tour by a modern political leader to

influence public opinion, a legitimate part of his campaign. After

touring the Eastern Townships he made a thorough visitation of the

western province, going round by water, and {53} being nearly wrecked

on Lake Erie and again on Lake Huron, where he found that the inland

freshwater sea could be as turbulent as the Bay of Biscay. Elsewhere

the Canadian autumn weather was delightful. His precarious health

improved. His tour was a triumphal progress. '_All_ parties,' he

writes, 'uniting in addresses in every place, full of confidence in my

government, and of a determination to forget their former disputes.'

He adds a little pen-picture, which shows that the Canadian pioneer had

a knack of impromptu pageantry which his descendants have lost.

'Escorts of two and three hundred farmers on horseback at every place

from township to township, with all the etceteras of guns, music, and

flags.' The governor rode a good deal himself, taking saddle-horses

with him as well as a carriage. Those musical, gun-firing, flag-flying

cavalcades from township to township in the pleasant autumn weather of

1840 enliven the background of a political struggle. 'What is of more

importance,' continues the astute and businesslike little man, 'my

candidates everywhere taken for the ensuing elections.' This western

tour had an important reaction upon public opinion in Toronto, bringing

the {54} divers factions into something like harmony for a time.

Thomson himself was genuinely pleased with what he had seen of that

rich, heart-shaped peninsula lying behind the moat of three inland

seas, with the flowing names, Huron, Erie, Ontario. He writes in

justifiable superlatives. 'You can conceive nothing finer. The most

magnificent soil in the world--four feet of vegetable mould--a climate

certainly the best in North America--the greater part of it admirably

watered. In a word, there is land enough and capabilities enough for

some millions of people and for one of the finest provinces in the

world.' Half a century from the time of writing the governor's vision

was realized and Ontario was the 'banner province' of the Dominion.

During that busy month of July which the governor had spent in the

Maritime Provinces the Act of Union passed by the Imperial parliament

had taken effect. The two provinces were proclaimed to be one province

with one legislature. It was necessary to issue a new commission for

the governor of the new province, and, to mark the importance of his

achievement, Charles Poulett Thomson was created a peer, Baron Sydenham

of Sydenham in Kent and Toronto in Canada. {55} One advantage of a

monarchy is its ability to reward service to the state in a splendid

way. Sydenham's honour was well deserved, but he was not destined to

enjoy it long. His activity in no way relaxed. An essential part of

the scheme of union, as he saw it, was local home rule. The country

was to be divided into small self-governing

units--municipalities--taxing themselves for their own necessary

expenditures and controlling the revenues so raised. This is now such

a familiar idea, an institution which works so well, that it is hard to

conceive of Canada ever lacking it. Even more difficult to conceive is

why the idea should have been opposed by the Imperial parliament so

strongly that an advanced Liberal like Lord John Russell was forced to

exclude it from the Act of Union. But Sydenham was not easily balked.

Being on the ground and seeing the urgent need of such an institution,

he called together his wonderful Special Council for one last session.

Between them they organized the municipal system which, in modified

form, still functions in Quebec. After the Union the system was

extended to Ontario, to the great advantage of that province. So

thoroughly are Canadians {56} accustomed to managing their own affairs,

that they do not realize what a privilege they possess in their

municipal system, and how far Great Britain then lagged behind.

Another important measure passed by the expiring Special Council was

the Registry Act. To the habitant the selling, mortgaging, and

transfer of property was a private affair; he did not see the need for

publicity. So the habit of clandestine transfer of land was almost a

French habit. The same habit prevailed among the Acadians and had to

be dealt with by the English governors. The attempt to put the

transfer of land upon a business basis was regarded as an insidious

attack upon a national custom. Once more the benevolent despot

succeeded in bringing about a much-needed reform. The 'ass's bridge,'

as he calls it, had been impassable for twenty years. Now that it was

crossed, the exploit met 'the nearly universal assent of French and

English.' Some thirty other ukases, all tending to order and the

common weal, were issued in the last session of this extraordinary

legislative body. One fixed the place of the capital. After much

debate on the rival claims of Quebec, Montreal, Toronto, Bytown, and

{57} Kingston, it was decided that the town with the martello towers

guarding the gateway to the Thousand Islands, with its memories of

Frontenac and the War of 1812, should be the capital of the new united

province. And it was so. About the quiet university town, where

Queen's is Grant's monument--_si monumentum requiris,

circumspice_--there lingers still the distinction of the old vice-regal

days.

Then came the first election for the new Assembly of the united

province, perhaps the most momentous in the history of Canada. Lower

Canada was vehemently opposed to the whole scheme. To elect a Union

member was, in the words of the Quebec Committee, 'stretching forth the

neck to the yoke which is attempted to be placed upon us.' The French

were organized into a solid phalanx of opposition. In the western

province the Tory and Orange opposition was equally violent towards a

measure which was deemed to favour the French. The elections of 1841

were held with the bad old-fashioned accompaniments of riot and

bloodshed, especially in the centres, Montreal and Toronto. Neither

side was free from the blame of irregular methods. Certainly the

government was not {58} scrupulous in the means it employed to secure

the return of Union candidates. The results were known early in April.

They were as follows: for the government, twenty-four members; French,

twenty; Moderate Reformers, twenty; ultra-Reformers, five; Compact

party, five; doubtful, seven. The curse of petty faction was not

lifted, nor the machinery of two-party government really installed, for

it was quite possible for several of these groups to combine in voting

down government measures without having sufficient cohesion among

themselves to form a ministry and assume control.

The session opened at Kingston on June 14, 1841. A hospital was turned

into a parliament house, a row of warehouses was appropriated for

government offices, and the fine old stone mansion by the waterside

known as 'Alwington' became the residence of the governor-general.

That last summer of his life was crowded with toil and anxiety, but

crowned with triumph. Acting as his own minister, he had to press

through a chaotic and factious legislature, far-seeing measures of

vital importance to the country; he had to reconcile differences, to

smooth opposition, to continue his campaign of education in {59}

parliamentary procedure. In addition to the immediate problem of

remaking the Canadas into one province, Sydenham was deep in diplomatic

difficulties arising over disputes as to the Maine boundary. This

difficulty was settled in 1842 by the Ashburton Treaty, which finally

delimited the frontier lines. The strain on the governor-general was

severe, and his health, never robust, gave way under it; but the frail

form was upborne by the indomitable spirit of the man, and by the

consciousness that he was winning the long-desired and doubtful

victory. His success was plain to other eyes across the sea. His

chief, Lord John Russell, sent gratifying commendations and obtained

for him the coveted honour of the Grand Cross of the Bath. Feeling

that his mission was accomplished, he sent in his resignation and made

his preparations to return to England. The sound he longed to hear was

the pealing of the guns from the citadel of Quebec in a final salute to

the departing proconsul. He was to obtain release in another way.

Some idea of Sydenham's difficulties may be formed by a consideration

of the Baldwin incident, as it has been called. Just before the

session opened an effort was made to {60} combine the Moderate

Reformers of Upper Canada and the 'solid' French-Canadian party of

Lower Canada into a compact parliamentary phalanx of forty which would,

of course, take charge of the House. Baldwin was skilfully approached

and played upon until he supported this intrigue. The sequel is best

told in Sydenham's own words.

Acting upon some principle of conduct, which I can reconcile neither

with honour nor common sense, he strove to bring about this Union, and

at last having as he thought effected it, coolly proposed to me, on the

day before Parliament was to meet, to break up the Government

altogether, dismiss several of his Colleagues and replace them by men

whom I believe he had not known for twenty-four hours, but who are most

of them thoroughly well known in Lower Canada (without going back to

darker times) as the principal opponents to every measure for the

improvement of that Province which has been passed by me, and as the

most uncompromising enemies to the whole of my administration of

affairs there.

I had been made aware of this Gentleman's {61} proceedings for two or

three days, and certainly could hardly bring myself to tolerate them,

but in my great anxiety to avoid if possible any disturbance, I had

delayed taking any step. Upon receiving, however, from himself this

extraordinary demand, I at once treated it, joined to his previous

conduct, as a resignation of his office, and informed him that I

accepted it without the least regret.

Of Baldwin's personal integrity there was no doubt; but the honest man

had been used as a tool. If the intrigue had succeeded, all Sydenham's

labour must have been lost, the Union would have been wrecked in the

launching, and the country thrown back into chaos. Fortunately the

intrigue failed. Baldwin passed over to the opposition, but he was

unable to lead the Reformers of Upper Canada into killing government

measures such as extension of the main highways, reform of the usury

laws, establishment of a comprehensive municipal system. They followed

the sounder leadership of Hincks and supported Sydenham in his wise

efforts to promote the country's good.

{62}

The whole session was a series of crises. Sydenham stood pledged to

the cardinal principle of democratic government, that the majority must

rule. Parliamentary procedure, as they have it in England, was a new

thing in Canada. In Great Britain the government does not always

resign when defeated on a vote, nor does the opposition defeat the

government when it has no power to form an alternative government. The

only consistent opposition was Neilson's band of French Canadians, and

their policy was pure obstruction and their object to separate the two

provinces once more. By combining the factions it was possible

sometimes to defeat a government, but for the government to throw down

the reins of power, with no one on the other side capable of taking

them up, would have been madness. The situation craved wary walking

and most delicate balancing; but Sydenham was equal to it. Later in

the session, when the members had learned their lesson, the

governor-general affirmed his position in a series of resolutions moved

by Harrison, the leader of the government. In these he asserted:

first, his position as representative of the monarch, and, as such,

responsible to Imperial {63} authority alone; secondly, the

administration must possess the confidence of the representatives of

the people; and thirdly, that the administration shall act in

accordance with the well-understood wishes and interests of the people.

In other words, he declared himself for British connection plus

majority rule.

Critics found the first session of the new parliament of Canada a

'do-nothing-but-talk' session. There was indeed a flow of eloquence in

various kinds during the first few weeks until the different parties

found the proper relations and the serious work of legislation began.

Constructive measures of the first importance became law in due course.

Sydenham's own words sum up his achievement. 'With a most difficult

opening, almost a minority, with passions at boiling heat, and

prejudices such as I never saw, to contend with, I have brought the

Assembly by degrees into perfect order ready to follow wherever I may

lead; have carried all my measures, avoided or beaten off all disputed

topics, and have got a ministry with an avowed and recognized majority,

capable of doing what they think right, and not to be upset by my

successor. I have now accomplished all that I set much {64} value on;

for whether the rest be done now, or some sessions hence, matters

little. The five great works I aimed at have been got through: the

establishment of a board of works with ample powers; the admission of

aliens; the regulation of the public lands ceded by the Crown under the

Union Act; and lastly this District Council Bill.' The financial

difficulties of the province had been met by guaranteed Imperial loan,

and progress had been made in remedying the evils of pauper

immigration. Not often does a constructive statesman live to see his

labours so richly rewarded by success.

Then the end came. A stumble of Sydenham's horse as he mounted a rise

near 'Alwington' threw him to the ground and broke his right leg. His

constitution, never strong, had been weakened by disease, unsparing

work, and ceaseless anxieties. The bones would not set, the laceration

would not heal, and at last lockjaw set in. It was impossible for him

to recover. One does not expect the heroic from a fragile man of the

world, but Sydenham's last thoughts were for the state he had served so

well. In the agonies of tetanus he composed the speech with which he

had hoped to bring the session {65} to a close. The last words were

the dying governor's prayer for Canada. 'May Almighty God bless your

labours, and pour down upon this province all those blessings which in

my heart I am desirous it should enjoy.'

His accident occurred on the fourth of September: he was not released

from his sufferings until the nineteenth. A stately funeral testified

to the universal regret. St George's Cathedral at Kingston, where his

bones lie, should be among the high places of the land, a shrine doubly

sacred, as the tomb of one who had no small part in making Canada.

{66}

The Winning of Popular Government A Chronicle of the Union of 1841 · 第 2 / 5 章