CHAPTER VI

THE ROYAL COMMISSION

A general election followed soon after the passing of the Ninety-Two

Resolutions and revealed the strength of Papineau's position in the

country. All those members of the _Patriote_ party who had opposed the

Resolutions--Neilson, Cuvillier, Quesnel, Stuart, and two or three

others--suffered defeat at the polls. The first division-list in the

new Assembly showed seventy members voting for Papineau as speaker, and

only six voting against him.

The Resolutions were forwarded to Westminster, both through the

Assembly's agent in London and through Lord Aylmer, who received the

address embodying the Resolutions, despite the fact that they demanded

his own impeachment. The British House of Commons appointed a special

committee to inquire into the grievances of which the Resolutions

complained; but there followed {45} no immediate action by the

government. The years 1834 and 1835 saw much disturbance in British

politics: there were no less than four successive ministers at the

Colonial Office. It was natural that there should be some delay in

dealing with the troubles of Lower Canada. In the spring of 1835,

however, the government made up its mind about the course to pursue.

It decided to send to Canada a royal commission for the purpose of

investigating, and if possible settling, the questions in dispute. It

was thought advisable to combine in one person the office of chief

royal commissioner and that of governor of Canada. To clear the way

for this arrangement Lord Aylmer was recalled. But he was expressly

relieved from all censure: it was merely recognized by the authorities

that his unfortunate relations with the Assembly made it unlikely that

he would be able to offer any assistance in a solution of the problem.

The unenviable position of governor and chief royal commissioner was

offered in turn to several English statesmen and declined by all of

them. It was eventually accepted by Lord Gosford, an Irish peer

without experience in public life. With him were associated as

commissioners Sir Charles Grey, afterwards {46} governor of Jamaica,

and Sir George Gipps, afterwards governor of New South Wales. These

two men were evidently intended to offset each other: Grey was commonly

rated as a Tory, while Gipps was a Liberal. Lord Gosford's appointment

caused much surprise. He was a stranger in politics and in civil

government. There is no doubt that his appointment was a last

resource. But his Irish geniality and his facility in being all things

to all men were no small recommendations for a governor who was to

attempt to set things right in Canada.

The policy of Lord Glenelg, the colonial secretary during Gosford's

period of office, was to do everything in his power to conciliate the

Canadian _Patriotes_, short of making any real constitutional

concessions. By means of a conciliatory attitude he hoped to induce

them to abate some of their demands. There is, indeed, evidence that

he was personally willing to go further: he seems to have proposed to

William IV that the French Canadians should be granted, as they

desired, an elective Legislative Council; but the staunch old Tory king

would not hear of the change. 'The king objects on principle,' the

ministers were told, 'and upon what he {47} considers sound

constitutional principle, to the adoption of the elective principle in

the constitution of the legislative councils in the colonies.' In 1836

the king had not yet become a negligible factor in determining the

policy of the government; and the idea was dropped.

Lord Gosford arrived in Canada at the end of the summer of 1835 to find

himself confronted with a discouraging state of affairs. A short

session of the Assembly in the earlier part of the year had been marked

by unprecedented violence. Papineau had attacked Lord Aylmer in

language breathing passion; and had caused Lord Aylmer's reply to the

address of the Assembly containing the Ninety-Two Resolutions to be

expunged from the journals of the House as 'an insult cast at the whole

nation.' Papineau had professed himself hopeless of any amendment of

grievances by Great Britain. 'When Reform ministries, who called

themselves our friends,' he said, 'have been deaf to our complaints,

can we hope that a Tory ministry, the enemy of Reform, will give us a

better hearing? We have nothing to expect from the Tories unless we

can inspire them with fear or worry them by ceaseless importunity.' It

{48} should be observed, however, that in 1835 Papineau explicitly

disclaimed any intention of stirring up civil war. When Gugy, one of

the English members of the Assembly,[1] accused him of such an

intention, Papineau replied:

Mr Gugy has talked to us again about an outbreak and civil war--a

ridiculous bugbear which is regularly revived every time the House

protests against these abuses, as it was under Craig, under Dalhousie,

and still more persistently under the present governor. Doubtless the

honourable gentleman, having studied military tactics as a lieutenant

in the militia--I do not say as a major, for he has been a major only

for the purposes of the parade-ground and the ball-room--is quite

competent to judge of the results of a civil war and of the forces of

the country, but he need not fancy that he can frighten us by hinting

to us that he will fight in the ranks of the enemy. All his threats

are futile, and his fears but the creatures of imagination.

Papineau did not yet contemplate an appeal {49} to arms; and of course

he could not foresee that only two years later Conrad Gugy would be one

of the first to enter the village of St Eustache after the defeat of

the _Patriote_ forces.

In spite of the inflamed state of public feeling, Lord Gosford tried to

put into effect his policy of conciliation. He sought to win the

confidence of the French Canadians by presiding at their

entertainments, by attending the distribution of prizes at their

seminaries, and by giving balls on their feast days. He entertained

lavishly, and his manners toward his guests were decidedly convivial.

'_Milord_,' exclaimed one of them on one occasion, tapping him on the

back at a certain stage of the after-dinner conversation, '_milord,

vous etes bien aimable_.' 'Pardonnez,' replied Gosford; '_c'est le

vin_.' Even Papineau was induced to accept the governor's hospitality,

though there were not wanting those who warned Gosford that Papineau

was irreconcilable. 'By a wrong-headed and melancholy alchemy,' wrote

an English officer in Quebec to Gosford, 'he will transmute every

public concession into a demand for more, in a ratio equal to its

extent; and his disordered moral palate, beneath the blandest smile and

the {50} softest language, will turn your Burgundy into vinegar.'

The speech with which Lord Gosford opened the session of the

legislature in the autumn of 1835 was in line with the rest of his

policy. He announced his determination to effect the redress of every

grievance. In some cases the action of the executive government would

be sufficient to supply the remedy. In others the assistance of the

legislature would be necessary. A third class of cases would call for

the sanction of the British parliament. He promised that no

discrimination against French Canadians should be made in appointments

to office. He expressed the opinion that executive councillors should

not sit in the legislature. He announced that the French would be

guaranteed the use of their native tongue. He made an earnest plea for

the settlement of the financial difficulty, and offered some

concessions. The legislature should be given control of the hereditary

revenues of the Crown, if provision were made for the support of the

executive and the judiciary. Finally, he made a plea for the

reconciliation of the French and English races in the country, whom he

described as 'the offspring of the two foremost nations {51} of

mankind.' Not even the most extreme of the _Patriotes_ could fail to

see that Lord Gosford was holding out to them an olive branch.

Great dissatisfaction, of course, arose among the English in the colony

at Lord Gosford's policy. 'Constitutional associations,' which had

been formed in Quebec and Montreal for the defence of the constitution

and the rights and privileges of the English-speaking inhabitants of

Canada, expressed gloomy forebodings as to the probable result of the

policy. The British in Montreal organized among themselves a volunteer

rifle corps, eight hundred strong, 'to protect their persons and

property, and to assist in maintaining the rights and principles

granted them by the constitution'; and there was much indignation when

the rifle corps was forced to disband by order of the governor, who

declared that the constitution was in no danger, and that, even if it

were, the government would be competent to deal with the situation.

Nor did Gosford find it plain sailing with all the French Canadians.

Papineau's followers in the House took up at first a distinctly

independent attitude. Gosford was informed {52} that the appointment

of the royal commission was an insult to the Assembly; it threw doubt

on the assertions which Papineau and his followers had made in

petitions and resolutions. If the report of the commissioners turned

out to be in accord with the views of the House, well and good; but if

not, that would not influence the attitude of the House. They would

not alter their demands.

In spite, however, of the uneasiness of the English official element,

and the obduracy of the extreme _Patriotes_, it is barely possible that

Gosford, with his _bonhomie_ and his Burgundy, might have effected a

modus vivendi, had there not occurred, about six months after Gosford's

arrival in Canada, one of those unfortunate and unforeseen events which

upset the best-laid schemes of mice and men. This was the indiscreet

action of Sir Francis Bond Head, the newly appointed

lieutenant-governor of Upper Canada, in communicating to the

legislature of Upper Canada the _ipsissima verba_ of his instructions

from the Colonial Office. It was immediately seen that a discrepancy

existed between the tenor of Sir Francis Bond Head's instructions and

the tenor of Lord Gosford's speech at the opening of the legislature of

Lower Canada in 1835. {53} Sir Francis Bond Head's instructions showed

beyond peradventure that the British government did not contemplate any

real constitutional changes in the Canadas; above all, it did not

propose to yield to the demand for an elective Legislative Council.

This fact was called to the attention of Papineau and his friends by

Marshall Spring Bidwell, the speaker of the Assembly of Upper Canada;

and immediately the fat was in the fire. Papineau was confirmed in his

belief that justice could not be hoped for; those who had been won over

by Gosford's blandishments experienced a revulsion of feeling; and

Gosford saw the fruit of his efforts vanishing into thin air.

A climax came over the question of supply. Lord Gosford had asked the

Assembly to vote a permanent civil list, in view of the fact that the

government offered to hand over to the control of the legislature the

casual and territorial revenues of the Crown. But the publication of

Sir Francis Bond Head's instructions effectually destroyed any hope of

this compromise being accepted. In the session of the House which was

held in the early part of 1836, Papineau and his friends not only

refused to vote a permanent civil {54} list; they declined to grant

more than six months' supply in any case; and with this they made the

threat that if the demands of the _Patriotes_ were not met at the end

of the six months, no more supplies would be voted. This action was

deemed so unsatisfactory that the Legislative Council threw out the

bill of supply. The result was widespread distress among the public

officials of the colony. This was the fourth year in which no

provision had been made for the upkeep of government. In 1833 the bill

of supply had been so cumbered with conditions that it had been

rejected by the Legislative Council. In 1834, owing to disputes

between the Executive and the Assembly, the legislature had separated

without a vote on the estimates. In 1835 the Assembly had declined to

make any vote of supply. In earlier years the Executive had been able,

owing to its control of certain royal and imperial revenues, to carry

on the government after a fashion under such circumstances; but since

it had transferred a large part of these revenues to the control of the

legislature, it was no longer able to meet the situation. Papineau and

his friends doubtless recognized that they now had the 'Bureaucrats' at

their mercy; and {55} they seem to have made up their minds to achieve

the full measure of their demands, or make government impossible by

withholding the supplies, no matter what suffering this course might

inflict on the families of the public servants.

In the autumn of 1836 the royal commissioners brought their labours to

a close. Lord Gosford, it is true, remained in the colony as governor

until the beginning of 1838, and Sir George Gipps remained until the

beginning of 1837, but Sir Charles Grey left for England in November

1836 with the last of the commissioners' reports. These reports, which

were six in number, exercised little direct influence upon the course

of events in Canada. The commissioners pronounced against the

introduction of responsible government, in the modern sense of the

term, on the ground that it would be incompatible with the status of a

colony. They advised against the project of an elective Legislative

Council. In the event of a crisis arising, they submitted the question

whether the total suspension of the constitution would not be less

objectionable than any partial interference with the particular

clauses. It is evident from the reports that the commissioners had

{56} bravely survived their earlier view that the discontented

Canadians might be won over by unctuous blandishments alone. They

could not avoid the conclusion that this policy had failed.

[1] He was really of Swiss extraction.

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