CHAPTER II. THE FIGHT FOR SELF-GOVERNMENT

The history of British North America in the quarter of a century that

followed the War of 1812 is in the main the homely tale of pioneer life.

Slowly little clearings in the vast forest were widened and won to order

and abundance; slowly community was linked to community; and out of the

growing intercourse there developed the complex of ways and habits and

interests that make up the everyday life of a people.

All the provinces called for settlers, and they did not call in vain.

For a time northern New England continued to overflow into the Eastern

Townships of Lower Canada, the rolling lands south of the St. Lawrence

which had been left untouched by riverbound seigneur and habitant. Into

Upper Canada, as well, many individual immigrants came from the south,

some of the best the Republic had to give, merchants and manufacturers

with little capital but much shrewd enterprise, but also some it could

best spare, fugitives from justice and keepers of the taverns that

adorned every four corners. Yet slowly this inflow slackened. After the

war the Canadian authorities sought to avoid republican contagion and

moreover the West of the United States itself was calling for men.

But if fewer came in across the border, many more sailed from across the

seas. Not again until the twentieth century were the northern provinces

to receive so large a share of British emigrants as came across in the

twenties and thirties. Swarms were preparing to leave the overcrowded

British hives. Corn laws and poor laws and famine, power-driven looms

that starved the cottage weaver, peace that threw an army on a crowded

and callous labor market, landlords who rack-rented the Connaughtman's

last potato or cleared Highland glens of folks to make way for sheep,

rulers who persisted in denying the masses any voice in their own

government--all these combined to drive men forth in tens of thousands.

Australia was still a land of convict settlements and did not attract

free men. To most the United States was the land of promise. Yet, thanks

to state aid, private philanthropy, landlords' urging and cheap fares

on the ships that came to St. John and Quebec for timber, Canada and

the provinces by the sea received a notable share. In the quarter of

a century following the peace with Napoleon, British North America

received more British emigrants than the United States and the

Australian colonies together, though many were merely birds of passage.

The country west of the Great Lakes did not share in this flood of

settlement, except for one tragic interlude. Lord Selkirk, a Scotchman

of large sympathy and vision, convinced that emigration was the cure for

the hopeless misery he saw around him, acquired a controlling interest

in the Hudson's Bay Company, and sought to plant colonies in a vast

estate granted from its domains. Between 1811 and 1815 he sent out to

Hudson Bay, and thence to the Red River, two or three hundred crofters

from the Highlands and the Orkneys. A little later these were joined by

some Swiss soldiers of fortune who had fought for Canada in the War of

1812. But Selkirk had reckoned without the partners of the North-West

Company of Montreal, who were not prepared to permit mere herders and

tillers to disturb the Indians and the game. The Nor'Westers attacked

the helpless colonists and massacred a score of them. Selkirk retorted

in kind, leading out an armed band which seized the Nor'Westers' chief

post at Fort William. The war was then transferred to the courts, with

heart-breaking delays and endless expense. At last Selkirk died broken

in spirit, and most of his colonists drifted to Canada or across

the border. But a handful held on, and for fifty years their little

settlement on the Red River remained a solitary outpost of colonization.

Once arrived in Canada, the settler soon found that he had no primrose

path before him. Canada remained for many years a land of struggling

pioneers, who had little truck or trade with the world out of sight

of their log shacks. The habitant on the seigneuries of Lower Canada

continued to farm as his grandfather had farmed, finding his holding

sufficient for his modest needs, even though divided into ever narrower

ribbons as le bon Dieu sent more and yet more sons to share the

heritage. The English-speaking settler, equipped with ax and sickle and

flail, with spinning wheel and iron kettle, lived a life almost equally

primitive and self-contained. He and his good wife grew the wheat, the

corn, and the potatoes, made the soap and the candles, the maple sugar

and the "yarbs," the deerskin shoes and the homespun-cloth that met

their needs. They had little to buy and little to sell. In spite of the

preference which Great Britain gave Canadian grain, in return for the

preference exacted on British manufactured goods, practically no wheat

was exported until the close of this period. The barrels of potash and

pearl-ash leached out from the ashes of the splendid hardwood trees

which he burned as enemies were the chief source of ready money for the

backwoods settler. The one substantial export of the colonies came, not

from the farmer's clearing, but from the forest. Great rafts of square

pine timber were floated down the Ottawa or the St. John every spring

to be loaded for England. The lumberjack lent picturesqueness to

the landscape and the vocabulary and circulated ready money, but his

industry did little directly to advance permanent settlement or the wise

use of Canadian resources.

The self-contained life of each community and each farm pointed to the

lack of good means of transport. New Brunswick and the Canadas were

fortunate in the possession of great lake and river systems, but these

were available only in summer and were often impeded by falls and

rapids. On these waters the Indian bark canoe had given way to the

French bateau, a square-rigged flat-bottomed boat, and after the war

the bateau shared the honors with the larger Durham boat brought in from

"the States."

Canadians took their full share in developing steamship transportation.

In 1809, two years after Fulton's success on the Hudson, John Molson

built and ran a steamer between Montreal and Quebec. The first vessel to

cross the Atlantic wholly under steam, the Royal William, was built

in Quebec and sailed from that port in 1833. Following and rivaling

American enterprise, side-wheelers, marvels of speed and luxury for

the day, were put on the lakes in the thirties. Canals were built, the

Lachine in 1821-25, the Welland around Niagara Falls in 1824-29, and the

Rideau, as a military undertaking, in 1826-32, all in response to the

stimulus given by De Witt Clinton, who had begun the "Erie Ditch" in

1817. On land, road making made slower progress. The blazed trail gave

way to the corduroy road, and the pack horse to the oxcart or the stage.

Upper Canada had the honor of inventing, in 1835, the plank road, which

for some years thereafter became the fashion through the forested States

to the south. But at best neither roads nor vehicles were fitted for

carrying large loads from inland farms to waterside markets.

Money and banks were as necessary to develop intercourse as roads and

canals. Until after the War of 1812, when army gold and army bills ran

freely, money was rare and barter served pioneer needs. For many years

after the war a jumble of English sovereigns and shillings, of Spanish

dollars, French crowns, and American silver, made up the currency in

use, circulating sometimes by weight and sometimes by tale, at rates

that were constantly shifting. The position of the colonies as a link

between Great Britain and the United States, was curiously illustrated

in the currency system. The motley jumble of coins in use were rated in

Halifax currency, a mere money of account or bookkeeping standard, with

no actual coins to correspond, adapted to both English and United States

currency systems. The unit was the pound, divided into shillings and

pence as in England, but the pound was made equal to four dollars in

American money; it took 1 pound 4s. 4d. in Halifax currency to make

1 pound sterling. Still more curious was the influence of American

banking. Montreal merchants in 1808 took up the ideas of Alexander

Hamilton and after several vain attempts founded the Bank of Montreal

in 1817, with those features of government charter, branch banks, and

restrictions as to the proportion of debts to capital and the holding

of real property which had marked Hamilton's plan. But while Canadian

banks, one after another, were founded on the same model and throughout

adhered to an asset-secured currency basis, Hamilton's own country

abandoned his ideas, usually for the worse.

In the social life of the cities the influence of the official classes

and, in Halifax and Quebec, of the British redcoats stationed there was

all pervading. In the country the pioneers took what diversions a hard

life permitted. There were "bees" and "frolics," ranging from strenuous

barn raisings, with heavy drinking and fighting, to mild apple parings

or quilt patchings. There were the visits of the Yankee peddler with his

"notions," his welcome pack, and his gossip. Churches grew, thanks

in part to grants of government land or old endowments or gifts from

missionary societies overseas, but more to the zeal of lay preachers

and circuit riders. Schools fared worse. In Lower Canada there was an

excellent system of classical schools for the priests and professional

classes, and there were numerous convents which taught the girls, but

the habitants were for the most part quite untouched by book learning.

In Upper Canada grammar schools and academies were founded with

commendable promptness, and a common school system was established in

1816, but grants were niggardly and compulsion was lacking. Even at the

close of the thirties only one child in seven was in school, and he was,

as often as not, committed to the tender mercies of some broken-down

pensioner or some ancient tippler who could barely sign his mark. There

was but little administrative control by the provincial authorities. The

textbooks in use came largely from the United States and glorified that

land and all its ways in the best Fourth-of-July manner, to the

scandal of the loyal elect. The press was represented by a few weekly

newspapers; only one daily existed in Upper Canada before 1840.

Against this background there developed during the period 1815-41 a

tense constitutional struggle which was to exert a profound influence on

the making of the nation. The stage on which the drama was enacted was

a small one, and the actors were little known to the world of their day,

but the drama had an interest of its own and no little significance for

the future.

In one aspect the struggle for self-government in British North America

was simply a local manifestation of a world-wide movement which found

more notable expression in other lands. After a troubled dawn,

democracy was coming to its own. In England the black reaction which

had identified all proposals for reform with treasonable sympathy for

bloodstained France was giving way, and the middle classes were about

to triumph in the great franchise reform of 1832. In the United States,

after a generation of conservatism, Jacksonian democracy was to sweep

all before it. These developments paralleled and in some measure

influenced the movement of events in the British North American

provinces. But this movement had a color of its own. The growth of

self-government in an independent country was one thing; in a colony

owing allegiance to a supreme Parliament overseas, it was quite another.

The task of the provinces--not solved in this period, it is true, but

squarely faced--was to reconcile democracy and empire.

The people of the Canadas in 1791, and of the provinces by the sea

a little earlier, had been given the right to elect one house of

the legislature. More than this instalment of self-government the

authorities were not prepared to grant. The people, or rather the

property holders among them, might be entrusted to vote taxes

and appropriations, to present grievances, and to take a share in

legislation. They could not, however, be permitted to control the

Government, because, to state an obvious fact, they could not govern

themselves as well as their betters could rule them. Besides, if the

people of a colony did govern themselves, what would become of the

rights and interests of the mother country? What would become of the

Empire itself?

What was the use and object of the Empire? In brief, according to the

theory and practice then in force, the end of empire was the profit

which comes from trade; the means was the political subordination of the

colonies to prevent interference with this profit; and the debit entry

set against this profit was the cost of the diplomacy, the armaments,

and the wars required to hold the overseas possessions against other

powers. The policy was still that which had been set forth in the

preamble of the Navigation Act of 1663, ensuring the mother country the

sole right to sell European wares in its colonies: "the maintaining a

greater correspondence and kindness between them [the subjects at home

and those in the plantations] and keeping them in a firmer dependence

upon it [the mother country], and rendering them yet more beneficial and

advantageous unto it in the further Imployment and Encrease of English

Shipping and Seamen, and vent of English Woollen and other Manufactures

and Commodities rendering the Navigation to and from the same more

safe and cheape, and makeing this Kingdom a Staple not only of the

Commodities of those Plantations but also of the Commodities of other

countries and places for the supplying of them, and it being the usage

of other Nations to keep their [plantation] Trade to themselves." Adam

Smith had raised a doubt as to the wisdom of the end. The American

Revolution had raised a doubt as to the wisdom of the means. Yet,

with significant changes, the old colonial system lasted for full two

generations after 1776.

In the second British Empire, which rose after the loss of the first in

1783, the means to the old end were altered. To secure control and to

prevent disaffection and democratic folly, the authorities relied not

merely on their own powers but on the cooperation of friendly classes

and interests in the colonies themselves. Their direct control was

exercised in many ways. In last reserve there was the supreme authority

of King and Parliament to bind the colonies by treaty and by law and the

right to veto any colonial enactment. This was as before the Revolution.

One change lay in the renunciation in 1778 of the intention to use the

supreme legislative power to levy taxes, though the right to control

the fiscal system of the colonies in conformity with imperial policy

was still claimed and practised. In fact, far from seeking to secure a

direct revenue, the British Government was more than content to pay part

of the piper's fee for the sake of being able to call the tune. "It is

considered by the Well wishers of Government," wrote Milnes, Lieutenant

Governor of Lower Canada, in 1800, "as a fortunate Circumstance that the

Revenue is not at present equal to the Expenditure." A further change

came in the minute control exercised by the Colonial Office, or rather

by the permanent clerks who, in Charles Buller's phrase, were really

"Mr. Mother Country." The Governor was the local agent of the Colonial

Office. He acted on its instructions and was responsible to it, and to

it alone, for the exercise of the wide administrative powers entrusted

to him.

But all these powers, it was believed, would fail in their purpose if

democracy were allowed to grow unchecked in the colonies themselves.

It was an essential part of the colonial policy of the time to build up

conservative social forces among the people and to give a controlling

voice in the local administration to a nominated and official class. It

has been seen that the statesmen of 1791 looked to a nominated executive

and legislative council, an hereditary aristocracy, and an established

church, to keep the colony in hand. British legislation fostered and

supported a ruling class in the colonies, and in turn this class was to

support British connection and British control. How this policy, half

avowed and half unconscious, worked out in each of the provinces must

now be recorded.

In Upper Canada party struggles did not take shape until well after the

War of 1812. At the founding of the colony the people had been very much

of one temper and one condition. In time, however, divergences appeared

and gradually hardened into political divisions. A governing class, or

rather clique, was the first to become differentiated. Its emergence

was slower than in New Brunswick, for instance, since Upper Canada had

received few of the Loyalists who were distinguished by social position

or political experience. In time a group was formed by the accident of

occupation, early settlement, residence in the little town of York,

the capital after 1794, the holding of office, or by some advantage in

wealth or education or capacity which in time became cumulative. The

group came to be known as the Family Compact. There had been, in fact,

no intermarriage among its members beyond what was natural in a small

and isolated community, but the phrase had a certain appositeness.

They were closely linked by loyalty to Church and King, by enmity to

republics and republicans, by the memory of the sacrifice and peril they

or their fathers had shared, and by the conviction that the province

owed them the best living it could bestow. This living they succeeded

in collecting. "The bench, the magistracy, the high officials of the

established church, and a great part of the legal profession," declared

Lord Durham in 1839, "are filled by the adherents of this party; by

grant or purchase they have acquired nearly the whole of the waste lands

of the province; they are all powerful in the chartered banks, and till

lately shared among themselves almost exclusively all offices of trust

and profit." Fortunately the last absurdity of creating Dukes of Toronto

and Barons of Niagara Falls was never carried through, or rather was

postponed a full century; but this touch was scarcely needed to give the

clique its cachet. The ten-year governorship of Sir Peregrine Maitland

(1818-28), a most punctilious person, gave the finishing touches to this

backwoods aristocracy.

The great majority of the group, men of the Scott and Boulton, Sherwood

and Hagerman and Allan MacNab types, had nothing but their prejudices to

distinguish them, but two of their number were of outstanding capacity.

John Beverley Robinson, Attorney General from 1819 to 1829 and

thereafter for over thirty years Chief Justice, was a true aristocrat,

distrustful of the rabble, but as honest and highminded as he was able,

seeking his country's gain, as he saw it, not his own. A more rugged

and domineering character, equally certain of his right to rule and

less squeamish about the means, was John Strachan, afterwards Bishop of

Toronto. Educated a Presbyterian, he had come to Canada from Aberdeen

as a dominie but had remained as an Anglican clergyman in a capacity

promising more advancement. His abounding vigor and persistence soon

made him the dominant force in the Church, and with a convert's zeal

he labored to give it exclusive place and power. The opposition to the

Family Compact was of a more motley hue, as is the way with oppositions.

Opposition became potential when new settlers poured into the province

from the United States or overseas, marked out from their Loyalist

forerunners not merely by differences of political background and

experience but by differences in religion. The Church of England had

been dominant among the Loyalists; but the newcomers were chiefly

Methodist and Presbyterian. Opposition became actual with the rise of

concrete and acute grievances and with the appearance of leaders who

voiced the growing discontent.

The political exclusiveness of the Family Compact did not rouse

resentment half as deep as did their religious, or at least

denominational, pretensions. The refusal of the Compact to permit

Methodist ministers to perform the marriage ceremony was not soon

forgotten. There were scores of settlements where no clergyman of the

Established Church of England or of Scotland resided, and marriages here

had been of necessity performed by other ministers. A bill passed the

Assembly in 1824 legalizing such marriages in the past and giving the

required authority for the future; and when it was rejected by the

Legislative Council, resentment flamed high. An attempt of Strachan

to indict the loyalty of practically all but the Anglican clergy

intensified this feeling; and the critics went on to call in question

the claims of his Church to establishment and landed endowment.

The land question was the most serious that faced the province. The

administration of those in power was condemned on three distinct counts.

The granting of land to individuals had been lavish; it had been lax;

and it had been marked by gross favoritism. By 1824, when the population

was only 150,000, some 11,000,000 acres had been granted; ninety years

later, when the population was 2,700,000, the total amount of improved

land was only 13,000,000 acres. Moreover the attempt to use vast areas

of the Crown Lands to endow solely the Anglican Church roused bitter

jealousies. Yet even these grievances paled in actual hardship beside

the results of holding the vast waste areas unimproved. What with Crown

Reserves, Clergy Reserves, grants to those who had served the state, and

holdings picked up by speculators from soldiers or poorer Loyalists for

a few pounds or a few gallons of whisky, millions of acres were held

untenanted and unimproved, waiting for a rise in value as a consequence

of the toil of settlers on neighboring farms. Not one-tenth of the lands

granted were occupied by the persons to whom they had been assigned.

The province had given away almost all its vast heritage, and more than

nine-tenths of it was still in wilderness. These speculative holdings

made immensely more difficult every common neighborhood task. At best

the machinery and the money for building roads, bridges, and schools

were scanty, but with these unimproved reserves thrust in between

the scattered shacks, the task was disheartening. "The reserve of

two-sevenths of the land for the Crown and clergy," declared the

township of Sandwich in 1817, "must for a long time keep the country

a wilderness, a harbour for wolves, a hindrance to a compact and good

neighborhood."

A further source of discontent developed in the disabilities affecting

recent American settlers. A court decision in 1824 held that no one who

had resided in the United States after 1783 could possess or transmit

British citizenship, with which went the right to inherit real estate.

This decision bore heavily upon thousands of "late Loyalists" and

more recent incomers. Under the instructions of the Colonial Office, a

remedial bill was introduced in the Legislative Council in 1827, but it

was a grudging, halfway measure which the Assembly refused to accept.

After several sessions of quarreling, the Assembly had its way; but in

the meantime the men affected had been driven into permanent and active

opposition.

The leaders of the movement of resistance which now began to gather

force included all sorts and conditions of men. The fiercest and

most aggressive were two Scotchmen, Robert Gourlay and William Lyon

Mackenzie. Gourlay, one of those restless and indispensable cranks

who make the world turn round, active, obstinate, imprudent,

uncompromisingly devoted to the common good as he saw it, came to Canada

in 1817 on settlement and colonization bent. Innocent inquiries which he

sent broadcast as to the condition of the province gave the settlers an

opportunity for voicing their pent-up discontent, and soon Gourlay was

launched upon the sea of politics. Mackenzie, who came to Canada three

years later, was a born agitator, fearless, untiring, a good hater,

master of avitriolic vocabulary, and absolutely unpurchasable. He found

his vein in weekly journalism, and for nearly forty years was the stormy

petrel of Canadian politics. From England there came, among others, Dr.

John Rolph, shrewd and politic, and Captain John Matthews, a half-pay

artillery officer. Peter Perry, downright and rugged and of a homely

eloquence, represented the Loyalists of the Bay of Quinte, which was

the center of Canadian Methodism. Among the newer comers from the

United States, the foremost were Barnabas Bidwell, who had been Attorney

General of Massachusetts but had fled to Canada in 1810 when accused of

misappropriating public money, and his son, Marshall Spring Bidwell,

one of the ablest and most single-minded men who ever entered Canadian

public life. From Ireland came Dr. William Warren Baldwin, whose son

Robert, born in Canada, was less surpassingly able than the younger

Bidwell but equally moderate and equally beyond suspicion of faction or

self-seeking.

How were these men to bring about the reform which they desired? Their

first aim was obviously to secure a majority in the Assembly, and by the

election of 1828 they attained this first object. But the limits of the

power of the Assembly they soon discovered. Without definite leadership,

with no control over the Administration, and with even legislative power

divided, it could effect little. It was in part disappointment at the

failure of the Assembly that accounted for the defeat of the Reformers

in 1830, though four years later this verdict was again reversed.

Clearly the form of government itself should be changed. But in what

way? Here a divergence in the ranks of the Reformers became marked.

One party, looking upon the United States as the utmost achievement

in democracy, proposed to follow its example in making the upper house

elective and thus to give the people control of both branches of the

Legislature. Another group, of whom Robert Baldwin was the chief, saw

that this change would not suffice. In the States the Executive was also

elected by the people. Here, where the Governor would doubtless continue

to be appointed by the Crown, some other means must be found to give

the people full control. Baldwin found it in the British Cabinet system,

which gave real power to ministers having the confidence of a majority

in Parliament. The Governor would remain, but he would be only a

figurehead, a constitutional monarch acting, like the King, only on

the advice of his constitutional advisers. Responsible government

was Baldwin's one and absorbing idea, and his persistence led to its

ultimate adoption, along with a proposal for an elective Council, in

the Reform party's programme in 1834. Delay in affecting this reform,

Baldwin told the Governor a year later, was "the great and all absorbing

grievance before which all others sank into insignificance." The remedy

could be applied "without in the least entrenching upon the just and

necessary prerogatives of the Crown, which I consider, when administered

by the Lieutenant. Governor through the medium of a provincial ministry

responsible to the provincial parliament, to be an essential part of the

constitution of the province." In brief, Baldwin insisted that Simcoe's

rhetorical outburst in 1791, when he declared that Upper Canada was

"a perfect Image and Transcript of the British Government and

Constitution," should be made effective in practice.

The course of the conflict between the Compact and the Reformers cannot

be followed in detail. It had elements of tragedy, as when Gourlay was

hounded into prison, where he was broken in health and shattered in

mind, and then exiled from the province for criticism of the Government

which was certainly no more severe than now appears every day in

Opposition newspapers. The conflict had elements of the ludicrous, too,

as when Captain Matthews was ordered by his military superiors to return

to England because in the unrestrained festivities of New Year's Eve he

had called on a strolling troupe to play Yankee Doodle and had shouted

to the company, "Hats off"; or when Governor Maitland overturned

fourteen feet of the Brock Monument to remove a copy of Mackenzie's

journal, the "Colonial Advocate", which had inadvertently been included

in the corner stone.

The weapons of the Reformers were the platform, the press, and

investigations and reports by parliamentary committees. The Compact hit

back in its own way. Every critic was denounced as a traitor. Offending

editors were put in the pillory. Mackenzie was five times expelled from

the House, only to be returned five times by his stubborn supporters.

Matters were at a deadlock, and it became clear either that the British

Parliament, which alone could amend the Constitution, must intervene or

else that the Reformers would be driven to desperate paths. But before

matters came to this pass, an acute crisis had arisen in Lower Canada

which had its effect on all the provinces.

In Lower Canada, the conflict which had been smoldering before the war

had since then burst into flame. The issues of this conflict were more

clearcut than in any of the other provinces. A coherent opposition had

formed earlier, and from beginning to end it dominated the Assembly.

The governing forces were outwardly much the same as in Upper Canada--a

Lieutenant Governor responsible to the Colonial Office, an Executive

Council appointed by the Crown but coming to have the independent power

of a well-entrenched bureaucracy, and a Legislative Council nominated by

the Crown and, until nearly the end of the period, composed chiefly of

the same men who served in the Executive. The little clique in control

had much less popular backing than the Family Compact of Upper Canada

and were of lower caliber. Robert Christie, an English-speaking member

of the Assembly, who may be counted an unprejudiced witness since he was

four times expelled by the majority in that house, refers to the

real rulers of the province as "a few rapacious, overbearing, and

irresponsible officials, without stake or other connexion in the

country than their interests." At their head stood Jonathan Sewell,

a Massachusetts Loyalist who had come to Lower Canada by way of New

Brunswick in 1789, and who for over forty years as Attorney General,

Chief Justice, or member of Executive and Legislative Councils, was the

power behind the throne.

The opposition to the bureaucrats at first included both English and

French elements, but the English minority were pulled in contrary ways.

Their antecedents were not such as to lead them to accept meekly either

the political or the social pretensions of the "Chateau Clique"; the

American settlers in the Eastern Townships, and the Scotch and American

merchants who were building up Quebec and Montreal, had called for

self-government, not government from above. Yet their racial and

religious prejudices were strong and made them unwilling to accept in

place of the bureaucrats the dominance of an unprogressive habitant

majority. The first leader of the opposition which developed in the

Assembly after the War of 1812 was James Stuart, the son of the leading

Anglican clergyman of his day, but he soon fell away and became a

mainstay of the bureaucracy. His brother Andrew, however, kept up

for many years longer a more disinterested fight. Another Scot, John

Neilson, editor of the Quebec "Gazette", was until 1833 foremost

among the assailants of the bureaucracy. But steadily, as the extreme

nationalist claims of the French-speaking majority provoked reprisals

and as the conviction grew upon the minority that they would never be

anything but a minority,* most of them accepted clique rule as a lesser

evil than "rule by priest and demagogue."

* The natural increase of the French-Canadian race under

British rule is one of the most extraordinary phenomena in

social history. The following figures illustrate the rate of

that increase: the number was 16,417 in 1706; 69,810 in

1765; 479,288 in 1825; 697,084 in 1844. The population of

Canada East or Lower Canada in 1844 was made up as follows:

French Canadians, 524,244; English Canadians. 85,660;

English, 11,895; Irish, 43,982; Scotch, 13,393; Americans,

11,946; born in other countries, 1329; place of birth not

specified, 4635.

In the reform movement in Upper Canada there were a multiplicity of

leaders and a constant shifting of groups. In Lower Canada, after the

defection of James Stuart in 1817, there was only one leader, Louis

Joseph Papineau. For twenty years Papineau was the uncrowned king of the

province. His commanding figure, his powers of oratory, outstanding in a

race of orators, his fascinating manners, gave him an easy mastery over

his people. Prudence did not hamper his flights; compromise was a word

not found in his vocabulary. Few men have been better equipped for the

agitator's task.

His father, Joseph Papineau, though of humble birth, had risen high in

the life of the province. He had won distinction in his profession as a

notary, as a speaker in the Assembly, and as a soldier in the defense of

Quebec against the American invaders of 1775. In 1804 he had purchased

the seigneury of La Petite Nation, far up the Ottawa. Louis Joseph

Papineau followed in his father's footsteps. Born in 1786, he served

loyally and bravely in the War of 1812. In the same year he entered the

Assembly and made his place at a single stroke. Barely three years after

his election, he was chosen Speaker, and with a brief break he held that

post for over twenty years.

Papineau did not soon or lightly begin his crusade against the

Government. For the first five years of his Speakership, he confined

himself to the routine duties of his office. As late as 1820 he

pronounced a glowing eulogy on the Constitution which Great Britain

had granted the province. In that year he tested the extent of the

privileges so granted by joining in the attempt of the Assembly to

assert its full control of the purse; but it was not until the project

of uniting the two Canadas had made clear beyond dispute the hostility

of the governing powers that he began his unrelenting warfare against

them.

There was much to be said for a reunion of the two Canadas. The St.

Lawrence bound them together, though Acts of Parliament had severed

them. Upper Canada, as an inland province, restricted in its trade with

its neighbor to the south, was dependent upon Lower Canada for access to

the outer world. Its share of the duties collected at the Lower Canada

ports until 1817 had been only one-eighth, afterwards increased to

one-fifth. This inequality proved a constant source of friction. The

crying necessity of cooperation for the improvement of the St. Lawrence

waterway gave further ground for the contention that only by a reunion

of the two provinces could efficiency be secured. In Upper Canada the

Reformers were in favor of this plan, but the Compact, fearful of any

disturbance of their vested interests, tended to oppose it. In Lower

Canada the chief support came from the English element. The governing

clique, as the older established body, had no doubt that they could

bring the western section under their sway in case of union. But the

main reason for their advocacy was the desire to swamp the French

Canadians by an English majority. Sewell, the chief supporter of the

project, frankly took this ground. The Governor, Lord Dalhousie, and

the Colonial Office adopted his view; and in 1822 an attempt was made to

rush a Union Bill through the British Parliament without any notice to

those most concerned. It was blocked for the moment by the opposition

of a Whig group led by Burdett and Mackintosh; and then Papineau and

Neilson sailed to London and succeeded in inducing the Ministry to stay

its hand. The danger was averted; but Papineau had become convinced

that if his people were to retain the rights given them by their "Sacred

Charter" they would have to fight for them. If they were to save their

power, they must increase it.

How could this be done? Baldwin's bold and revolutionary policy of

making the Executive responsible to the Assembly did not seem within

the range of practical politics. It meant in practice the abandonment of

British control, and this the Colonial Office was not willing to grant.

Antoine Panet and other Assembly leaders had suggested in 1815 that

it would be well, "if it were possible, to grant a number of places as

Councillors or other posts of honour and of profit to those who have

most influence over the majority in the Assembly, to hold so long

as they maintained this influence," and James Stuart urged the same

tentative suggestion a year later. But even before this the Colonial

Office had made clear its position. "His Majesty's Government," declared

the Colonial Secretary, Lord Bathurst, in 1814, "never can admit so

novel & inconvenient a Principle as that of allowing the Governor of a

Colony to be divested of his responsibility [to the Colonial Office] for

the acts done during his administration or permit him to shield himself

under the advice of any Persons, however respectable, either from their

character or their Office."

Two other courses had the sanction of precedent, one of English, the

other of American example. The English House of Commons had secured its

dominant place in the government of the country by its control of the

purse. Why should not the Assembly do likewise? One obvious difficulty

lay in the fact that the Assembly was not the sole authority in raising

revenue. The British Parliament had retained the power to levy certain

duties as part of its system of commercial control, and other casual and

territorial dues lay in the right of the Crown. From 1820, therefore,

the Assembly's main aim was twofold--to obtain control of these

remaining sources of revenue, and by means of this power to bludgeon the

Legislative Council and the Governor into compliance with its wishes.

The Colonial Office made concessions, offering to resign all its taxing

powers in return for a permanent civil list, that is, an assurance that

the salaries of the chief officials would not be questioned annually.

The offer was reasonable in itself but, as it would have hampered the

full use of the revenue bludgeon, it was scornfully declined.

The other aim of the Patriotes, as the Opposition styled themselves, was

to conquer the Legislative Council by making it elective. Papineau, in

spite of his early prejudices, was drawn more and more into sympathy

with the form of democracy worked out in the United States. In fact, he

not only looked to it as a model but, as the thirties wore on, he came

to hope that moral, if not physical, support might be found there for

his campaign against the English Government. After 1830 the demand for

an elective Legislative Council became more and more insistent.

The struggle soon reached a deadlock. Governor followed Governor: Lord

Dalhousie, Sir James Kempt, Lord Aylmer, all in turn failed to allay

the storm. The Assembly raised its claims each session and fulminated

against all the opposing powers in windy resolutions. Papineau,

embittered by continued opposition, carried away by his own eloquence,

and steadied by no responsibility of office, became more implacable in

his demands. Many of his moderate supporters--Neilson, Andrew Stuart,

Quesnel, Cuvillier--fell away, only to be overwhelmed in the first

election at a wave of the great tribune's hand. Business was blocked,

supplies were not voted, and civil servants made shift without salary as

best they could.

The British Government awoke, or half awoke, to the seriousness of the

situation. In 1835 a Royal Commission of three, with the new Governor

General, Lord Gosford, as chairman, was appointed to make inquiries and

to recommend a policy. Gosford, a genial Irishman, showed himself

most conciliatory in both private intercourse and public discourse.

Unfortunately the rash act of the new Lieutenant Governor of Upper

Canada, Sir Francis Bond Head, in publishing the instructions of the

Colonial Office, showed that the policy of Downing Street was the futile

one of conciliation without concession. The Assembly once more refused

to grant supplies without redress of grievances. The Commissioners made

their report opposing any substantial change. In March, 1837, Lord John

Russell, Chancellor of the Exchequer in the Melbourne Ministry, opposed

only by a handful of Radical and Irish members, carried through the

British Parliament a series of resolutions authorizing the Governor to

take from the Treasury without the consent of the Assembly the funds

needed for civil administration, offering control of all revenues in

return for a permanent civil list, and rejecting absolutely the demands

alike for a responsible Executive and for an elective Council.

British statesmanship was bankrupt. Its final answer to the demands for

redress was to stand pat. Papineau, without seeing what the end would

be, held to his course. Younger men, carried away by the passions he

had aroused, pushed on still more recklessly. If reform could not be

obtained within the British Empire, it must be sought by setting up an

independent republic on the St. Lawrence or by annexation to the United

States.

In Upper Canada, at the same time, matters had come to the verge of

rebellion. Sir John Colborne had, just before retiring as Lieutenant

Governor in 1836, added fuel to the flames by creating and endowing some

forty-four rectories, thus strengthening the grip of the Anglican Church

on the province. His successor, Sir Francis Bond Head, was a man of such

rash and unbalanced judgment as to lend support to the tradition that

he was appointed by mistake for his cousin, Edmund Head, who was made

Governor of United Canada twenty years later. He appointed to his

Executive Council three Reformers, Baldwin, Rolph, and Dunn, only to

make clear by his refusal to consult them his inability to understand

their demand for responsible government. All the members of the

Executive Council thereupon resigned, and the Assembly refused supplies.

Head dissolved the House and appealed to the people.

The weight of executive patronage, the insistence of the Governor that

British connection was at stake, the alarms caused by some injudicious

statements of Mackenzie and his Radical ally in England, Joseph Hume,

and the defection of the Methodists, whose leader, Egerton Ryerson, had

quarreled with Mackenzie, resulted in the overwhelming defeat of the

Reformers. The sting of defeat, the failure of the Family Compact to

carry out their eleventh hour promises of reform, and the passing of

Lord John Russell's reactionary resolutions convinced a section of the

Reform party, in Upper Canada as well as in Lower Canada, that an appeal

to force was the only way out.

Toward the end of 1837 armed rebellion broke out in both the Canadas.

In both it was merely a flash in the pan. In Lower Canada there had been

latterly much use of the phrases of revolution and some drilling, but

rebellion was neither definitely planned nor carefully organized. The

more extreme leaders of the Patriotes simply drifted into it, and

the actual outbreak was a haphazard affair. Alarmed by the sudden and

seemingly concerted departure of Papineau and some of his lieutenants,

Nelson, Brown, and O'Callaghan, from Montreal, the Government gave

orders for their arrest. The petty skirmish that followed on November

16, 1837, was the signal for the rallying of armed habitants around

impromptu leaders at various points. The rising was local and spasmodic.

The vast body of the habitants stood aloof. The Catholic Church, which

earlier had sympathized with Papineau, had parted from him when he

developed radical and republican views. Now the strong exhortations of

the clergy to the faithful counted for much in keeping peace, and in

one view justified the policy of the British Government in seeking to

purchase their favor. The Quebec and Three Rivers districts remained

quiet. In the Richelieu and Montreal districts, where disaffection was

strongest, the habitants lacked leadership, discipline, and touch with

other groups, and were armed only with old flintlocks, scythes, or

clubs. Here and there a brave and skillful leader, such as Dr. Jean

Olivier Chenier, was thrown up by the evidence opened a way out of the

difficult situation. A year later Peel and Webster, representing the two

countries, exchanged formal explanations, and the incident was closed.

In Upper Canada many a rebel sympathizer lay for months in jail, but

only two leaders, Lount and Matthews, both brave men, paid the penalty

of death for their failure. In Lower Canada the new Governor General,

Lord Durham, proved more clement, merely banishing to Bermuda eight

of the captured leaders. When, a year later, after Durham's return to

England, a second brief rising broke out under Robert Nelson, it was

stamped out in a week, twelve of the ringleaders were executed, and

others were deported to Botany Bay.

The rebellion, it seemed, had failed and failed miserably. Most of the

leaders of the extreme factions in both provinces had been discredited,

and the moderate men had been driven into the government camp. Yet in

one sense the rising proved successful. It was not the first nor the

last time that wild and misguided force brought reform where sane

and moderate tactics met only contempt. If men were willing to die to

redress their wrongs, the most easy-going official could no longer

deny that there was a case for inquiry and possibly for reform. Lord

Melbourne's Government had acted at once in sending out to Canada, as

Governor General and High Commissioner with sweeping powers, one of

the ablest men in English public life. Lord Durham was an aristocratic

Radical, intensely devoted to political equality and equally convinced

of his own personal superiority. Yet he had vision, firmness,

independence, and his very rudeness kept him free from the social

influences which had ensnared many another Governor. Attended by a

gorgeous retinue and by some able working secretaries, including Charles

Buller, Carlyle's pupil, he made a rapid survey of Upper and Lower

Canada. Suddenly, after five crowded months, his mission ended. He had

left at home active enemies and lukewarm friends. Lord Brougham, one

of his foes, called in question the legality of his edict banishing the

rebel leaders to Bermuda. The Ministers did not back him, as they should

have done; and Durham indignantly resigned and hurried back to England.

Three months later, however, his "Report" appeared and his mission stood

vindicated. There are few British state papers of more fame or more

worth than Durham's "Report". It was not, however, the beginning and the

end of wisdom in colonial policy, as has often been declared. Much that

Durham advocated was not new, and much has been condemned by time. His

main suggestions were four: to unite the Canadas, to swamp the French

Canadians by such union, to grant a measure of responsible government,

and to set up municipal government. His attitude towards the French

Canadians was prejudiced and shortsighted. He was not the first to

recommend responsible government, nor did his approval make it a

reality. Yet with all qualifications his "Report" showed a confidence

in the liberating and solving power of self-government which was the

all-essential thing for the English Government to see; and his reasoned

and powerful advocacy gave an impetus and a rallying point to the

movement which were to prove of the greatest value in the future growth

not only of Canada but of the whole British Empire.

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