Soon after, a despatch from the Colonial Secretary made known that the

act for transferring the funds in dispute had passed the houses of

parliament, and received the royal assent. Whether from extreme

liberality or total inadvertence, it was so worded as to preclude the

imperial treasury from ever exercising any control over them, leaving

thus no room for negotiation with the Assembly. Lord Aylmer was

instructed, however, to demand in return a grant of permanent salaries

to the judges, who were also, according to the Assembly’s desire, to be

made independent of the crown; and a similar provision was asked for the

governor, and a few of the chief executive officers. This matter being

referred to the Assembly, they began, on the 20th of January, 1832, with

the first particular. On providing that the judges should be independent

of the crown, and, with the exception of the Chief Justice, should not

sit in the executive or legislative councils, it was determined that

permanent salaries should be paid to them. But, at the same time, a

motion of Mr. Neilson was carried by a large majority, that these should

be drawn in the first instance from the casual and territorial revenues,

which Lord Goderich had expressly reserved to the crown. Lord Aylmer

considered it, therefore, necessary to send home the bill, yet with an

advice to accept the terms, as the best there was any likelihood of

obtaining. It was rejected, however, on two grounds: first, that it did

not render the judges really independent of the Assembly, but left an

annual vote still necessary. We cannot help suspecting that there was an

unhappy misconception. The terms of the bill are, “that the salaries

shall be secured to them in a fixed and permanent manner;” and “shall be

taken and paid out of the proceeds of the casual and territorial revenue

now appropriated by acts of the provincial parliament, for defraying the

charges of the administration of justice, and the support of the civil

government, and out of any other public revenue of the province which

may be or come into the hands of the receiver-general.” It would appear

that, according to the plain meaning of language, these terms involved a

full warrant for payment. Probably Lord Goderich had legal advice, and

some technical terms, usual in British acts, might be wanting; but a

provincial legislature could scarcely be expected to be fully aware of

these niceties. The legislative body, the governor, and we doubt not

also the Assembly, had considered this as a permanent settlement; the

latter, had it been so acted on, probably would not, and certainly could

not reasonably have objected. The other ground was the encroachment upon

the casual and territorial revenue, which, in this indirect manner, was

considered peculiarly offensive, though Lord Goderich had been fully

apprised of their determination against any agreement in which this

article was not included.

The next question which came before the Assembly was—the demand of a

permanent provision for the governor, and a certain number of the

leading executive officers. After a long debate, however, it was carried

by a large majority in the negative. This decision placed the Assembly

completely at issue with the crown, and has been represented as a breach

of faith on their part. They had not, it is true, come under any formal

engagement; yet the report of the committee of 1828, which decidedly

connected this arrangement with the cession of the disputed revenues,

had always been referred to by them as embracing almost every thing

desired; and to this part of it they had never hinted any objection. On

the 6th of December, 1830, they had passed resolutions, insisting,

indeed, on the control of the entire revenue; but expressing an

intention, were this gained, to grant the permanent provision now

demanded. That preliminary claim certainly embraced also the casual and

territorial branches still withheld; yet these were not of great amount,

and the present bill, like that relating to the judges, might have been

so framed as to be inoperative without these funds being embraced by it.

No reason was assigned; but the view of the Assembly is stated to have

been, that the executive, not being dependent on them for a naval and

military establishment, would, in case of such a permanent settlement,

have been entirely free from that control which they sought to exercise

over it. They passed, however, a vote of annual supply, which Lord

Goderich, though much dissatisfied with the tenor of their proceedings,

thought it expedient to sanction.

Next year (1833) the Assembly still granted only an annual bill, in

which, according to a requisition of Lord Goderich, they stated the

purposes to which each particular sum was to be applied. They added,

without its being asked or wished, the individuals to whom it was to be

paid; and appended a number of conditions, chiefly bearing, that such

persons should not hold any other situation, and should not be members

of the executive or legislative councils. This was considered

objectionable, because public officers were thus suddenly deprived of

situations which they had long held, without any consideration of their

claims to compensation; also, because those regulations ought not to

have been tacked to a money bill, but made the subject of a separate

enactment. On these grounds this bill was negatived by the Legislative

Council; and Lord Stanley, who had been placed at the head of the

Colonial Office, intimated that, had it reached him, he could not have

advised his Majesty to assent to it. In the same session, a measure was

introduced for securing independence and permanent provision to the

judges, in a form calculated to obviate Lord Goderich’s chief

objections; but on the motion of M. Papineau it was rejected, and the

speeches of the leaders of the Assembly are said to have implied, that

it was no longer considered advisable to exempt these functionaries from

their control.

The breach now continually widened. Lord Stanley, considering the

conduct of the Canadians as manifesting a resolution to engross the

whole power of the state, directed the funds, not yet made over by

parliament, to be employed in the partial payment of the civil officers;

and he is said to have determined to bring in a bill for repealing the

act by which the concession had been made. Meantime the Assembly had

raised, and placed in the front of their demands, a new article, which

almost entirely precluded all hope of accommodation; namely, the

abolition of the present Legislative Council, and the substitution of

one elected like themselves by the body of the people. Such an

arrangement was without example in any British colony; and the existing

state of political feeling in the mother country would have rendered it

scarcely possible for ministers to propose it in parliament. It had been

first started in March, 1831, when Lord Aylmer had just gone out, with

the announced intention of acting upon the report of 1828, and

redressing, if possible, every grievance hitherto complained of. There

seemed, therefore, room to suspect that the conciliatory disposition

shown, instead of producing final satisfaction, had only prompted to

higher demands, through the belief that by perseverance they would

finally obtain whatever they chose to ask. Yet, though a resolution of

the committee to that effect was approved by the members, it was not

expressly included in the list of grievances then presented. But on the

20th of March, 1833, a petition to the King, signed by M. Papineau,

speaker of the House of Assembly, strenuously urged this measure, and

the calling of a body of delegates to arrange the conditions. The

leading ones proposed were, a qualification in the electors of £10 in

the country, and of £20 in towns; a certain income to qualify the

councillor, and the duration of his functions for six years. Lord

Stanley, in reply, said this was an object to which, deeming it

altogether inconsistent with the very existence of monarchical

institutions, he could never advise his Majesty to consent; and he

particularly objected to the proposed mode of effecting it, by what he

termed “a national convention.” A counter address, however, by the

Legislative Council, was censured as intemperate in its language, and

appearing to ascribe generally to his Majesty’s subjects, of one origin,

views inconsistent with their allegiance. In conclusion, he alluded to

“the possibility that events might unhappily force upon parliament the

exercise of its supreme authority to compose the internal dissensions of

the colonies, and which might lead to a modification of the charter of

the Canadas.”

This despatch was submitted to the Assembly, and its entire tenor,

particularly the implied threat at the close, excited the highest

indignation in that body. They declined this year (1834) to pass any

bill of supply whatever, and employed the session in preparing another

long list of grievances. They complained that, while those formerly

urged were still unredressed, there had been added the partial payment

of the civil officers without their consent. They made a preparatory

demand of the elective Legislative Council, without which nothing would

be accepted as satisfactory. Lord Aylmer’s conduct was reprobated as

violent, unconstitutional, and contemptuous, and his recall urgently

demanded. The published correspondence assuredly does not bear out this

charge. His addresses to the Assembly are particularly courteous; and he

recommends generally to the government at home concessions so extensive,

that Lord Goderich, himself considered liberal towards the colonies,

refused to accede to them. The petition, however, was presented to

parliament, and a committee appointed for its consideration.

Meantime, Lord Stanley retired from power, and was succeeded in the

colonial department by Mr. Spring Rice. This gentleman renounced the

design entertained by his predecessor, of recalling the revenues yielded

to the Assembly, and gave intimation, it is said, that he would follow a

more conciliatory course. He only asked a little time, till he could

make himself master of the subject; and thus the popular leaders were

induced to delay taking any strong measures. They bitterly complained,

however, that the administration was carried on as before. Lord Aylmer

was continued in the government; and, though the Canadian funds were not

intrenched upon, a sum of £31,000 was advanced from the military chest

for payment of the civil servants, by which their responsibility to the

Assembly was equally evaded. Before Mr. Rice had matured his plan, he

was removed from office by the accession of Sir Robert Peel to power. He

stated that he had it completed, and was ready to submit it to the

cabinet on the very day when this change occurred; an assertion which

Mr. Roebuck treats with evident scepticism, though seemingly without any

adequate ground.

Sir Robert, on assuming the reins of office, early directed his

attention to the disturbed state of Canada. After some deliberation, he

determined to send out a commissioner, with power to examine on the

spot, and redress without delay, every real grievance which should be

proved to exist. Even the casual and territorial revenues were to be

surrendered, on condition of the settlement of a civil list for at least

seven years. The elective Legislative Council, however, and the entire

management of the public lands could not be conceded. Viscount

Canterbury, the late speaker, was first invited to fill this important

appointment; and, on his declining, it was conferred on Earl Amherst.

This arrangement, however, was nullified by the vote which led to the

resignation of Sir Robert, and the return of Lord Melbourne to power.

The restored ministry followed up, with certain modifications, the plan

of their predecessors. A commission was sent out for inquiry only, and

without the power of decision, composed of the following individuals:

the Earl of Gosford, Sir Charles Edward Grey, and Sir George Gipps. The

first, an Irish nobleman, professing principles decidedly liberal,

succeeded Lord Aylmer as governor. Lord Glenelg, now the Colonial

Secretary, drew up for their guidance a series of instructions, in which

he considered the claim to the disposal of the entire revenue somewhat

exorbitant, and not warranted by British example; yet was willing, for

the sake of peace, to consent to it on certain conditions. These

were—an independent provision for the judges, and salaries for the

civil officers, fixed for a certain number of years; ten being mentioned

as particularly suitable. With regard to the uncleared lands, the whole

proceeds arising from their sale were to be placed at the disposal of

the Assembly; but government could not consent to part with the

management of them, or annul the contract made with the Land Company,

though they would be ready to guard against all abuses, and even to

receive any suggestions on the subject. The existing pensions were also

to be retained, but the future power of granting them would be

surrendered. In regard to the critical question of the elective

legislative council, it was said: “The King is most unwilling to admit

as open to debate, the question—whether one of the vital principles of

the provincial government shall undergo alteration?” The right of

petition, however, was fully recognized; and his Majesty would not

“absolutely close the avenue to inquiry,” even where, “for the present,

he saw no reasonable ground of doubt.”

“The Earl of Gosford, having arrived in Canada, lost no time in calling

a meeting of the legislature, who were convoked on the 27th of October,

1835; and, in his opening speeches, he professed the most conciliatory

views, particularly towards the French, or popular party. He avowed the

opinion, that “to be acceptable to the great body of the people, is one

of the most essential elements of fitness for public station.” He

intimated his readiness to place the whole revenue at the disposal of

the Assembly, on the conditions formerly stated. All the other

grievances were to be carefully examined and redressed; and allusion was

made to “still graver matters,” respecting which the commissioners “were

not precluded from entering into an inquiry.”

The Legislative Council returned an answer, which, in all respects, was

extremely moderate. They generally concurred in the sentiments of the

speech, deprecated the idea that difference of origin should affect

political rights, which ought to be equal to all his Majesty’s subjects.

But the House of Assembly, while holding conciliatory language, advanced

much more lofty pretensions. The change in the Legislative Council was

repeatedly pressed, as absolutely essential to the tranquillity and

contentment of the province. The entire control of the public revenue

was referred to, not as a boon, but an incontestable and essential

right; and, while they stated their readiness to consider attentively

any measure tending to facilitate the exercise of this right, they

avoided all mention of conditions to be performed in return.

Notwithstanding the high ground thus taken, the intercourse between the

popular leaders and the governor was extremely friendly. He admitted

them to his table and his intimacy, and treated them on every occasion

with much kindness. They were understood to represent the great body of

the people, whom he had expressed his desire to conciliate; and he

professed liberal views to those who would understand that term in its

widest sense. So decided was the impression produced, that the opposite

party loaded him with the bitterest invectives, and even threw out

menaces of insurrection; while the leaders of the Assembly went so far

as to intimate, that they would relieve the immediate financial

embarrassments by granting the three years arrears, and a half year in

advance. They attached to the grant somewhat hard conditions, which,

however, were not rejected; and, on the remark being made, that these

would ensure its rejection by the Legislative Council, an intimation is

said to have been given, that it would be accepted directly by address,

without being liable to the veto of that body.

This good understanding was suddenly interrupted. The governor’s

language above cited, in regard to the Elective Council, had been very

different from that of his instructions; not pledging him, indeed, to

the measure, yet such as, combined with his other conduct, conveyed to

both parties the idea that it was determined upon. This course is

defended as the only one by which the supplies, so urgently wanted,

could be obtained; and it was hoped, that, by a continued conciliatory

course, the Assembly might, when the real intention of the cabinet could

no longer be concealed, be induced to waive their demand. Any degree of

duplicity in a government, however, must, when discovered, lower its

dignity, irritate the deceived parties, and, at the same time, give them

an impression of their strength, which had driven those in authority to

such an expedient. Unhappily, all these effects followed before any of

the expected fruits had been reaped. Sir Francis Bond Head had, at the

same time, been sent out to Upper Canada; and, being a very

straightforward person, and seemingly unapprized of Lord Gosford’s

intentions, had made public a part of his instructions, including that

momentous passage already quoted, relative to the Legislative Council.

It was such as, though not wholly precluding discussion on the object,

left to the popular leaders scarcely a hope of its attainment. Their

rage knew no bounds; they complained, not only of disappointment in

their favourite object, but of a deception by which they had been nearly

misled. It was now determined not to grant the three years’ arrears, but

merely a supply for the current half year, allowing only that short

period to comply with their demands. This slender boon, too, was clogged

with conditions, which, as had been foreseen, induced the upper house to

reject it; so that the session, in all respects very stormy, passed over

without any provision whatever being made for the public service. The

Legislative Council felt naturally indignant at the violent attempts

meditated for its overthrow; and instead of studying to show these to be

unmerited, the members vented their resentment by rejecting almost every

bill sent up from the Assembly. Among these was the vote, continuing the

funds for national education, which were thus entirely withdrawn. All

the political elements were disturbed, and in violent collision with

each other.

The commissioners, in March 1836, viewing this state of things, and

seeing no prospect of obtaining money to carry on the government,

without immediately yielding to every demand of the lower house,

considered it indispensable to obtain it without their consent. This,

they thought, would be best accomplished by parliament repealing the act

passed on the motion of Lord Goderich, by which funds to the amount of

£38,000 had been made over to the Assembly. This would, indeed, excite

bitter resentment; but, with the other reserved revenues, it would, at

least, enable the government to proceed without any grants from that

body. Lord Glenelg was not forward to act on this recommendation. He

wrote to the Earl of Gosford, expressing a hope, on grounds which do not

very distinctly appear, that the violent resolution complained of had

been induced by the partial and imperfect knowledge of the instructions,

and that a communication of the whole might lead to more favourable

views. He expressed a wish, therefore, that the provincial parliament

should be again called, and an opportunity afforded for retracting

before recourse was had to extreme measures. The meeting was accordingly

held on the 22d of September, 1838; but the majority soon presented an

address to the governor, denying that, according to the apprehension

expressed in his speech, they laboured under any kind of misconception;

they saw nothing to make them change their views, or prevent them from

insisting on the same demands, particularly that of the Elective

Council. They adverted in an indignant manner to certain pretended

authorities, as they termed the commission, and maintained that they

themselves were the legitimate and authorized organ of all classes of

inhabitants; that they had used their power in such a manner as ought to

have secured confidence; and to them, not to a few strangers, ought to

have been committed the fate of the country. They declared it their

imperative duty to adhere to the contents of their last address—“and to

them do we adhere.” They finally expressed a resolution not only to do

nothing more in regard to supply, but to adjourn their deliberations

altogether, unless government should commence the great work of justice

and reform, particularly in regard to the second branch of the

legislature.

Matters had now reached an extremity, which seemed to render it no

longer possible to delay an interposition. The stoppage of the supplies,

like the granting of them, was no doubt a right inherent in a

representative assembly. Yet it is one, the exercise of which is

attended with such formidable evils, that the Commons of England, during

more than a century, had merely kept it in the back ground as a last

resort, and never brought it into actual operation. The constitutional

character of the measure became still more questionable, when employed,

not to control the abuses of the executive, but to overthrow a separate

and co-ordinate branch of the legislature, deriving its existence from

the same source with the Assembly itself. This was a mighty change,

amounting to a kind of revolution, and to be effected only with the

utmost deliberation. The stopping the whole machine of government, and

not allowing even an interval of time to effect it, was a measure of

extreme violence. Had the popular leaders listened to the dictates of

prudence and moderation, they might, availing themselves of the

conciliatory disposition shown by the new governor, have obtained all

their substantial objects. They would have gained the chief control in

the executive, after which the Legislative Council, whom they

continually reproached with subserviency to the latter branch, were not

likely to persevere in unavailing opposition.

Ministers now determined no longer to delay measures for counteracting

the proceedings of the violent party, and placing the executive

government in a state of regular action. Parliament having assembled,

and the reports of the commissioners laid on the table, Lord John

Russell, on the 6th of March, 1837, moved a series of resolutions, on

which acts were to be founded. After a statement of the actual posture

of affairs, it was proposed that the sum of £142,000 should be taken out

of the provincial funds locked up by the Assembly, and applied to the

payment of the judges and other civil officers, down to the 10th of

April. It was afterwards agreed, not, as the commissioners had

recommended, to resume any part of the ceded monies, but, by a strict

economy, to carry on the government from that date with the casual and

territorial revenues, which circumstances had now raised to about

£28,000. The elective Legislative Council, and the direct responsibility

of the executive one to the Assembly, were both declared inexpedient;

though it was stated as desirable, that considerable improvements should

be made in the composition of both. These suggestions gave occasion to

very warm debates. The Tories, while they supported the proposals of

government, accused them of an imprudent indulgence and want of energy,

which had emboldened the factious party to proceed to extremities. On

the other hand, a small but active section of the popular leaders

justified all the claims and proceedings of the Canadian Assembly,

denounced the resolutions as unconstitutional and tyrannical, and

predicted as their result civil war and the loss of the colonies. The

motion of Mr. Leader, however, in favour of an Elective Council, was

negatived by 318 to 56, and the cabinet measures were carried by

overwhelming majorities;—but the death of William IV. intervened before

they could be embodied in acts of parliament. The necessity of a

dissolution, and the unwillingness to begin the government of a young

and popular Queen by a scheme of coercion, induced ministers to

substitute the expedient of advancing the amount by way of loan from the

British revenue, in the prospect of being ultimately reimbursed from the

provincial funds.

As an interval was to elapse between the passing of the resolutions and

their being acted on, Lord Gosford was instructed to make a last trial

of the Assembly, in hopes that, seeing such a vast majority in

parliament against them, they might be induced of themselves to vote the

money, and thus save the necessity of any unwonted interference.

Already, however, several violent demonstrations had taken place.

Meetings were held in the counties of Montreal and Richelieu, in which

it was affirmed, that the votes of the Commons had put an end to all

hopes of justice; and that no further attempts should be made to obtain

redress from the imperial parliament. They considered the government as

now only one of force, to be submitted to from necessity during their

present weakness; and in order to reduce as far as possible its power,

they declared that all consumption of British manufactures, and of all

articles paying taxes, ought to be discontinued; and, finally, that a

general convention should be held, to consider what further measures

were advisable.

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