CHAPTER V

CANADA AND IRELAND

In comparing the history of Canada with the closely allied history of

Ireland, we must bear in mind that in the last half of the eighteenth

century the present British North America consisted of three distinct

portions: Acadia, or the Maritime Provinces, which we now know as

Newfoundland, Nova Scotia, New Brunswick and Prince Edward Island,

colonized originally by a few Frenchmen and later by Scotch and Irish;

Lower Canada, extensively colonized by the French, which we now know as

the Province of Quebec; and Upper Canada, which we now know as Ontario,

colonized last of all by Americans under circumstances to be described.

In 1763, before the repeal of any part of the Penal Code against Irish

Roman Catholics, the French Catholic Colony of Lower Canada, with a

population of about seventy thousand souls and the two small towns of

Quebec and Montreal, passed definitely into British possession under the

Treaty of Paris, which brought to a conclusion the Seven Years' War.

Fortunately, there was no question, as in Ireland, of expropriating the

owners of the soil in favour of State-aided British planters, and hence

no question of a Penal Code, even on the moderate scale current in Great

Britain at the same period. On the contrary, it became a matter of

urgent practical expediency to conciliate the conquered Province in view

of the growing disaffection of the American Colonies bordering it on the

South. This disaffection, assuming ominous proportions on the enactment

of the Stamp Act in 1765, was itself an indirect result of the conquest

of Canada a few years before; for the claim to tax the Americans for

Imperial purposes arose from the enormous expense of the war of conquest

and of the subsequent charges for defence and upkeep. It was forgotten

that American volunteers had captured Louisburg in 1745, and had borne

a distinguished part in later operations, and that to lay a compulsory

tax upon them would banish glorious memories common to America and

Britain. Henceforward, conquered French Canada was made a political

bulwark against rebellious America. The French colonists, a peaceable,

primitive folk, as attached to their religion as the Irish, and devoted

mainly to agriculture, retained, as long as they desired it, the old

French system of law known as the Custom of Paris and the free exercise

of their religion. Like the Irish, they were strongly monarchical and

strongly conservative in feeling, and as impervious to the Republican

propaganda emanating from their American neighbours as the Catholic

Irish always at heart remained to the revolutionary principles of Wolfe

Tone's school. Unmolested in their habits and possessions, they

philosophically accepted the transference from the Bourbon to the

Hanoverian dynasty, and became an indispensable source of strength to

George III. when that monarch was using his German troops to coerce his

American subjects and his British troops to overawe the Ulster

Volunteers.

In 1774, immediately before the outbreak of a war against which Ireland

was protesting, and in which, with the soundest justification, the

Irish-Americans, Catholic and Protestant, took such a prominent part

against the British arms, the Quebec Act was passed giving formal

statutory sanction to the Catholic religion, and setting up a nominated

legislative Council, whose members were subject to no religious test. In

Ireland it was not till six years later, and, as we have seen, by means

of precisely the same pressure--British fear of America--that the Irish

Protestant Volunteers obtained the abolition of the test for Dissenters,

while Catholics in Ireland were still little more than outlaws, and had

to wait for nearly sixty years for complete emancipation. The result of

the Quebec Act, together with the sympathetic administration of that

great Irishman, Sir Guy Carleton, was the firm allegiance of the French

Province in spite of an exceedingly formidable invasion, during the

whole of the American War, and even after the intervention of European

France. It is part of the dramatic irony of these occurrences that some

of the invading army was composed of Morgan's Irish-American riflemen,

and that one of the two joint leaders of the invasion was the

Irish-American, General Richard Montgomery, who fell at the unsuccessful

assault of Quebec on December 31, 1775.

In spite of Burke's noble appeal in the House of Commons, toleration in

the abstract had nothing to do with the treatment of the French

Catholics. British Catholics in the neighbouring Prince Edward Island

were denied all civil rights in 1770, and only gained them in 1830. In

England, the Quebec Act with difficulty survived a storm of indignation,

in which even Chatham joined. The small minority of British settled in

Quebec and Montreal made vehement protests, while the American Congress

itself in 1774 committed the irreparable blunder of making the

establishment of the Roman Catholic religion in Canada one of its

formally published grievances against Great Britain. When war broke out,

and the magnitude of the mistake was seen, efforts were made to seduce

the Canadians by hints of a coming British tyranny, but the Canadians

very naturally abode by their first impressions.

The peace of 1783 and the final recognition of American Independence led

to results of far-reaching importance for the further development of the

British Empire. Out of the loss of the American Colonies came the

foundation of Australia and of British Canada. Before the war it had

been the custom to send convicts from the United Kingdom to penal

settlements in the American Colonies. The United States stopped this

traffic. Pitt's Government decided, after several years of doubt and

delay, to divert the stream of convicts to the newly acquired and still

unpopulated territory of New South Wales, made known by the voyages of

Captain Cook and Sir Joseph Banks. At the same period a very different

class of men, seeking a new home, were thrown upon the charity of the

British Government. These were the "United Empire Loyalists," as they

styled themselves, some 40,000 Americans, with a sprinkling of Irishmen

among them, such as Luke Carscallion, Peter Daly, Willet Casey, and John

Canniff,[20] who had fought on the Royalist side throughout the war, and

at the end of it found their fortunes ruined and themselves the objects

of keen resentment. Pitt, with a "total lack of Imperial imagination,"

as Mr. Holland Rose puts it,[21] does not seem to have considered the

plan of colonizing Australia with a part of these men, 433 of whom were

reported to be living in destitution in London three years after the

war. No more alacrity was shown in relieving the distress of those still

in America. In 1788, however, a million and a quarter pounds were voted

by Parliament for relief, and large grants of land were made in Canada,

whither most of the Loyalists had already begun to emigrate. Some went

to the Maritime Provinces, notably to the region now known as New

Brunswick; a few went to the towns of the Quebec Province, for the

country lands on the lower reaches of the St. Lawrence were already

monopolized by the French "habitants"; the rest, estimated at 10,000, to

the upper reaches of the St. Lawrence and along the shores of the Lakes

Ontario and Erie, in short, to what we now know as the Province of

Ontario, and to what then became known as Upper Canada.

From this moment the three Canadas gain sharp definition. To the west

Upper Canada, exclusively American or, as we must now say, British in

character; next to the east, and cutting off its neighbour from the sea,

the ancient Province of Lower Canada, predominantly French, with a

minority of British traders in the two towns Quebec and Montreal; last

of all the Maritime Provinces, small communities with an almost

independent history of their own, although, like Upper and Lower Canada,

they eventually presented a problem similar fundamentally to the Irish

problem on the other side of the Atlantic. Prince Edward Island is the

closest parallel, for, besides the Catholic disabilities of 1770, in

1767 the whole of its land had been granted away by ballot in a single

day to a handful of absentee English proprietors, who sublet to

occupiers without security of tenure, with the result that a land

question similar to that of Ireland arose, which inflamed society and

retarded the development of the island for a whole century. Ultimately,

moreover, statesmen were driven to an even more drastic

solution--compulsory and universal State-aided land purchase.[22] Before

the period we have now reached, Nova Scotia and Prince Edward Island,

which was carved out of it, had been given rude systems of

representative Government, and New Brunswick, also at one time a part of

Nova Scotia, received a Constitution in 1784.

The great question after the American War was how to govern the two

contiguous Provinces of Upper and Lower Canada, the one newly settled by

men of British race and Protestant faith, the other also under the

British flag, but overwhelmingly French and Catholic, both, in the

critical half-century to come, to be reinforced by immigrants from the

Old World, and to a large extent from misgoverned Ireland. But let the

reader once and for all grasp this point, that, once out of Ireland,

there ceases, not immediately, but in course of time, to be any racial

or political distinction between the different classes of Irishmen,

whose antagonism at home, artificially provoked and fomented by the bad

form of government under which they lived, so often made Ireland itself

a very hell on earth. I want to dwell on this point in order to avoid

confusion when I speak of the bi-racial conditions of Lower Canada and

Ireland respectively.

To return to the question of Government. The American Colonies were

lost. Here in Canada was an opportunity for a new Imperial policy,

better calculated to retain the affections of the colonists. Three

distinct problems were involved:

1. Was French or Lower Canada, with its small minority of British, to be

given representative Government at all?

2. If so, was it to be left as a separate unit, or was it to be

amalgamated in a Union with its neighbour, Upper Canada?

3. Whichever course was taken, what was to be the relation between the

Home Government and Canada?

All these questions arise in the case of Ireland itself, and the

parallel in each case is interesting. In Canada they were determined for

the space of half a century by the Constitutional Act of 1791, passed at

the period when Grattan's unreformed Parliament was hastening to its

fall, and Wolfe Tone was founding his Society of United Irishmen. Let us

take in turn the three questions posed above.

1. The British minority in Lower Canada, supported by a corresponding

school in England, were strong for an undisguised British ascendancy,

without any recognition of the French. They urged, what was true, that

the French were unaccustomed to representative government, and implied,

what was neither true nor politic, that they could not, and ought not

to, be educated to it. If there was to be an Assembly at all, it should,

they claimed, be wholly British and Protestant, or, in the alternative,

the Protestant minority only should be represented at Westminster. In

other words, they wished either for the pre-Union Irish system or for

the post-Union Irish system, both of them, as time was just beginning to

prove, equally disastrous to the interests of Ireland. We are not

surprised to find these ideas supported by the Irishman Burke, in whom

horror of the French Revolution had destroyed the last particle of

Liberalism. If Pitt lacked "Imperial imagination," he knew more than

most of his contemporaries about the elementary principles of governing

white men. It was only a few years before that he had urged upon his

Irish Viceroy, Rutland, a reform of the Irish Parliament which might

have united the races and averted all the disasters to come, and in this

very year (1791) he was pressing forward the Catholic franchise in

Ireland. The French in Canada must, he said, be represented in a popular

Assembly equally with the British, and on the broadest possible

franchise, and they were.

2. The next question was that of the union or separation of Upper and

Lower Canada. Here, and from the same underlying motive, the British

minority in Lower Canada were for the Union, partly on commercial

grounds, but mainly as a step in the direction of overcoming French

influence. Upper Canada, wholly British, was, on the whole, neutral.

Pitt, on high principle, again took correct ground. He did not, indeed,

foresee that separation, for geographical reasons, would cause certain

inconveniences; but he did understand--and experience in both Provinces

ultimately proved him right--that it was absolutely hopeless to try and

avert social and racial discord by artificially swamping the French

element. He declared, then, for the separation of the two Canadas into

two distinct Provinces. Note the beginnings of another, though a

distant, analogy with the relations of Ireland and Great Britain,

distant because the French at this time largely outnumbered the British

of both Provinces, and in after-years maintained something very near a

numerical equality. But the same underlying principle was involved.

Pitt, in the Legislative Union of Ireland and Great Britain nine years

later, constructed without geographical necessity, indeed, in defiance

of geography and humanity, the very system which, in a form by

comparison almost innocuous, he had condemned for Canada; but not, we

must in fairness remember, before doing his part at an earlier date to

arrive at a solution which, given a fair chance, would have rendered the

Union of Ireland and England unnecessary.

3. So far, good. But there still remained a further question far

transcending the other in importance--What was to be the relation

between the Home Government and the new Colonies? Here all British

intellects, that of Fox alone excepted, were as much at a loss as ever.

One simple deduction was made from what had happened in America, namely,

that the new Colonies must not be forced to contribute to Imperial funds

by taxes levied from London. That claim had already been abandoned in

1778 by the Colonial Tax Repeal Act, which nevertheless expressly

reserved the King's right to levy "such duties as it may be expedient to

impose for the regulation of commerce," the sum so raised to be retained

for the use of the Colony. No one made the more comprehensive deduction,

even in the case of wholly British Upper Canada, that Colonial affairs

should be controlled by Colonial opinion, constitutionally ascertained,

and that the British Governor should act primarily through advisers

chosen by the majority of the people under his rule. We must bear in

mind that, had Grattan's Parliament been reformed, and the warring races

in Ireland been brought into harmony, it would still have had to pass

through the crucial phase of establishing its right to choose Ministers

by whose advice the Lord-Lieutenant should be guided, that is, if it

were to become a true Home Rule Parliament of the kind we aim at to-day.

From the date of the Constitutional Act passed for Canada in 1791, it

took fifty-six troubled years and an armed rebellion in each Province to

establish the principle of what we call "responsible Government" for

Canada, and, through Canada, for the rest of the white Colonies of the

Empire. During these fifty-six years, which correspond in Irish history

to a period dating from the middle of Grattan's Parliament down to the

great Famine, ascendancies, with the symptoms of disease which always

attended ascendancies, grew up in Canada, as they had in Ireland, in

spite of conditions which were far more favourable in Canada to healthy

political growth. Canada started with this great advantage over Ireland,

that instead of a corrupt parody of a Parliament, each of her Provinces,

under the Constitutional Act of 1791, had a real popular Assembly,

elected without regard to race or religion. It was the Upper House or

Legislative Council, as it was called, that interposed the first

obstacle to the free working of popular institutions. In both Provinces

this Council was nominated by the Governor, and could be used, and was

naturally used, to represent minority interests and obstruct the popular

assembly. Fox had correctly prophesied that it would soon come "to

inspire hatred and contempt." But he did not mean that such a chamber

was in itself an insuperable bar to harmony. Nominated or hereditary

second chambers are not necessarily inconsistent with popular

government, provided that the Executive Government itself possesses the

confidence of the representative Assembly. Under that lever, obstruction

eventually gives way. But this idea of a tie of confidence between the

Governors and the governed was exactly what was lacking.

The Executive Council in each Province was also chosen by the British

Governor or Lieutenant-Governor, generally a military man, from persons

representing either his own purely British policy or the ideas of a

privileged colonial minority, and without regard to the wishes or

opinions of the Colonial Assembly, just as the Executive officers in

Ireland, both before and after the Union, were chosen out of

corresponding elements by the Lord-Lieutenant or Chief Secretary, acting

under the orders of the British Government, and without any regard to

the wishes or opinions of the majority of Irishmen. Behind all, in

remote Downing Street stood the British Government, in the shape of the

Colonial Office for Canada and the Irish Office for Ireland, both

working in dense ignorance of the real needs of the countries for which

they were responsible, and permeated with prejudice and pedantry. To

complete the parallel, there was now a foreign Power in the close

neighbourhood of each dependency, the United States in the case of

Canada, France in the case of Ireland, both of them Republican Powers,

and both able and willing to take advantage of disaffection in the

dependencies in order to further a quarrel with the Mother Country. We

have seen the results in Ireland. Let us now observe the results in

Canada, taking especial care to notice that an ascendancy Government

gives rise to the same type of evil in a uni-racial as in a bi-racial

community.

Let us glance first at what happened in Upper Canada, which was

uni-racial, that is, composed of settlers from the United Kingdom

(including Ireland) and America. Here the original settlers, the "United

Empire Loyalists" from America, formed from the first, and maintained

for half a century, an ascendancy of wealth and religion over the

incoming settlers, who soon constituted the majority of the population.

As in Ireland, though in a degree small by comparison, there was a land

question and a religious question, closely related to one another.

Happily, it was not a case of robbery, but of simple monopoly.

Excessively large grants of land, nine-tenths of which remained

uncultivated, were obtained by the original settlers, most of whom were

Episcopalian in faith, and, under the Act of 1791, further tracts of

enormous extent, which for the most part lay waste and idle, were set

apart in each township, under the name of "Clergy Reserves" for the

Episcopalian Church. Since the majority of the incoming settlers were

Presbyterians, Methodists, Baptists, or Roman Catholics, many of them

from the Protestant and Catholic parts of Ireland, some from America,

some even from Germany, these conditions caused intense irritation,

checking both the development of the country and the growth of solid

character among the colonists. Absentee ownership was a grave economic

evil, though happily it was not complicated and embittered by a vicious

system of tenure. Education suffered severely through the diversion of

the income from public lands to private purposes.

The ascendancy was maintained on lines familiar in Ireland--through the

mutual dependence of the colonial minority and the Home Government

acting through its Governor. A few leading Episcopalian families from

among the United Empire Loyalists, installed at Toronto, with the

support of a succession of High Tory Lieutenant-Governors, monopolized

the Executive Council, the Legislative Council, the Bench, the Bar, and

all offices of profit, denying a Canadian career to the vast majority of

Upper Canadians, just as Irishmen were excluded from an Irish career.

For a long time the Assembly itself, which retained its original

Constitution long after the influx of immigrants had rendered necessary

its enlargement on a new electoral basis, was a subject of monopoly

also. Even when enlarged in 1821 it was helpless against the nominated

Council and Executive, backed by Downing Street. The oligarchy came to

be known by the name of the "family compact," and, as the reader will

observe, it bore a close resemblance in form to the "undertaker" system

in Ireland before the Union, and to the monopoly of patronage obtained

by certain families, notably the Beresfords.

While the Colony was still small, the system worked tolerably well; but

from the second decade of the nineteenth century onwards, when the

population grew from 150,000 to 250,000 in 1832, and to 500,000 a few

years later, and the Episcopalians sank into a numerical minority as low

as a quarter, troubles of the Irish type became proportionately acute.

The Colony was in reality perfectly content with its position under the

Crown, and in the war with America in 1812 all classes and creeds united

to repel invasion with enthusiasm. One of the prominent leaders was an

Irishman, James Fitzgibbon, and a poor Irish private, James O'Hara, won

fame by refusing to surrender at the capture of Toronto Fort. As usual,

however, a fictitious standard of "loyalty," which, in fact, meant

privilege, was set up, obscuring those questions of good government

which were the only real matters at issue in Canada, as in Ireland.

There were Republican immigrants of many denominations from America,

Radicals of Cobbett's school from England and Scotland, tenants of a

democratic turn from Ulster, and a growing stream of Catholic cottiers

flying from the "clearances" and tithe war in other Irish Provinces. All

these classes of men made excellent settlers, and only wanted fair and

equal treatment to make them perfectly peaceable citizens. To the

official oligarchy, however, even their moderate leaders came to be

viewed as rebels, and were often subjected to imprisonment or to

banishment.

Among others William Gourlay, a Scotsman, Stephen Willcocks and Francis

Collins, Irishmen, all three perfectly respectable reformers, suffered

in this way. Bidwell, the great Robert Baldwin, and other good men were

rendered powerless for good. As invariably happens in any part of the

world where a course is pursued which estranges moderate men and

embitters extreme men, agitators came to the front lacking that

self-control and sense of responsibility which the sobering education of

office alone can give, and generally ruining themselves while they

benefit humanity at large. Chief of these was W.L. Mackenzie, a

Presbyterian Scot from Dundee. All this man really wanted was what

exists to-day as a matter of course in all self-governing

countries--responsible government. He even conceived that great idea of

the Confederation of British North America, which came to birth in 1867.

Thwarted in his attacks on the oligarchy, he degenerated into violent

courses, and ultimately organized, or rather was provoked into

organizing, the rebellion of 1837. The grievances which led to this

outbreak were genuine and severe, and were all in course of time

admitted and redressed. One, the powerlessness of the Assembly, owing to

the control by the Executive of annual sums sufficient to pay the

official expenses of Government, corresponded to a pre-Union Irish

grievance, and was remedied by an Act of 1831. Most of the other

grievances were incurable by constitutional effort. They may be found

summarized in the "Seventh Report of Grievances," a temperate and

truthful document drawn up by a Committee of the Assembly in 1835. The

huge unsettled Clergy Reserves and Crown Lands were the worst concrete

abuse, and matters had just then been aggravated by the sudden

establishment of scores of sinecure rectories. Jobbery,

maladministration, and the dependence of the judges on the Executive

were other complaints; but the main assault was made quite rightly on

the form of the Colonial Government, which rendered peaceful reform of

any abuse as impossible as in Ireland, and the cardinal claim was that

the Executive should act, not under the dictation of Downing Street, of

an irresponsible Governor, or of a narrow colonial oligarchy, but in

accordance with popular opinion. Mackenzie's rebellion of 1837 was a no

more formidable affair than the similar efforts in Ireland made under

incomparably greater provocation by Emmett in 1803 and Smith O'Brien in

1848, and was as easily suppressed; but, unlike the Irish outbreaks, and

in conjunction with a revolt arising in the same year and from similar

causes in the adjoining Province of Lower Canada, it led to a complete

change of system.

In Lower Canada the same preposterous system of government was

aggravated by the presence of the two races, French and English. Yet

there was nothing inherently dangerous or unwholesome about this

situation. The French, like the Catholics in Ireland, never showed the

smallest tendency towards religious intolerance, nor were they less

loyal at heart than the Radicals of Upper Canada or the Tories of either

Province. They took the same energetic part in repelling the American

invasion of 1812, and produced at least one remarkable leader in the

person of Colonel Salaberry, who commanded the French-Canadian

Voltigeurs. Like their co-religionists in Ireland, they were

temperamentally averse to Republicanism in any shape, whether on the

American model over the border or on the model of revolutionary France,

where Republicanism since 1793 was anti-Catholic and the result of

miseries and oppressions as bad as those in Ireland; whence, moreover,

many priests and nobles fled from persecution to Lower Canada. As in

eighteenth-century Ireland, we find that the Roman Catholic clergy, the

_seigneurs_ or aristocrats, and the _habitants_ or peasants, were of a

Conservative cast, throwing their weight, often even against their own

interests, into the scale of the established Government, while the

lawyers and journalists alone produced determined agitators. The racial

cleavage, moreover, as in Ireland, was artificially accentuated by the

political system. There was in reality a strong community of interest

between the British lower class and the French lower class against the

tyranny of an official clique, and to the end a substantial number of

Englishmen worked with the French for reform; but with the failure of

their efforts came that inevitable tightening of the bonds of race, even

against interest, which we have seen operating with such lamentable

effect in Ireland. And, as in Ireland, we find the best instincts of

the people withered and perverted into rebellion by "Fitzgibbonism," the

policy of distrust and coercion.

The British official ascendancy, supreme from the first, became

extraordinarily rigid. The Executive Council and Legislative Council

were almost entirely British, the Assembly overwhelmingly French. There

were no regular heads of departments, so that the Governor had no

skilled advice, much less responsible advice. The Councils blocked all

legislation they disliked, and for more than forty years, by means of

unrestricted control over a large part of the provincial revenues, were

able to defy the Assembly. It will be observed that, although Ireland

never had anything worth calling an Assembly, her structure both before

and after the Union was essentially the same, in that Irish public

opinion, whether voiced by the Volunteers against the unreformed

Parliament or after the Union by the Nationalist party at Westminster,

was powerless. The existence of a popular Assembly in Canada only made

the anomalies more obvious.

There were, of course, marked divergencies of character and less marked

divergencies of interest between the French majority and the British

minority in Canada. The French, by comparison, were a backward and

conservative race, less well educated and less progressive and energetic

both in agriculture and commerce than the British. On the other hand,

subsequent experience showed that, under free constitutional government,

British intelligence, wealth, and energy would, here as elsewhere, have

preserved their full legitimate influence. Under a system which

throttled French ideas and aspirations, and treated the most harmless

popular movements as treasonable machinations, deadlock and anarchy were

in the long run inevitable.

The popular demands were much the same as those in Upper Canada: control

of the purse, the independence of the judges, an elective Legislative

Council, and a curtailment of the arbitrary powers and privileges of the

Executive, which led to gross jobbery, favouritism, and extravagance. As

in Upper Canada, the greatest practical grievance, though it assumed a

somewhat different form, was the disposal of the public lands. Here,

too, there were extensive and undeveloped Clergy Reserves for the

Episcopalian Church, as well as free grants on a large scale to

speculators. The estates of the Jesuit Order had been confiscated, so

that disputes about their disposal were tinged with religious

bitterness. But most of the friction over the land question came from

the operations of a chartered land company, which, under the protection

of the Government, and with financial and political support from

England, dealt with the unsettled land in a manner very unfair and often

corrupt, and promoted here, as in Upper Canada and Ireland, absentee

ownership.

The popular agitation ran the same course as in Upper Canada, reached

its crisis at the same moment, threw into prominence the same types of

men, moderate and extreme, and produced the same waste of good human

material and distortion of human character, both in the ascendant and

the subject classes. As Sir John Cockburn tells us in his "Political

Annals of Canada" (p. 177), some of the most incendiary speakers and

writers (in 1836) were "most able and worthy men, who in the subsequent

days of tranquillity occupied most prominent and distinguished positions

in the public service, revered as loyal, true, and able statesmen by all

classes." The popular movement was by no means wholly French. A Scot,

John Neilson; an Englishman, Wilfred Nelson; and an Irish journalist,

Dr. O'Callaghan, were prominent members of a kind of Radical party; but

the ablest and most influential among the agitators, and in every

respect more admirable than Mackenzie, was the Frenchman, Louis

Papineau, who first became Speaker of the Assembly in 1817, and retained

that high position until the verge of the rebellion of 1837. By no means

devoid of superficial faults, but eloquent, honest, accomplished and

adored by his compatriots, here was a man who, if he had been given

reasonable scope for his talents, and steadied by official

responsibility, would have been a tower of strength to the Colony and

the British connection. He corresponds in position and aims, and to a

certain extent in character and gifts, to his great Irish contemporary,

O'Connell. But O'Connell was too conservative to produce great results.

Papineau, dashing himself in vain for twenty years against the

entrenched camp of the ascendancy, finally degenerated, like Mackenzie,

into a commonplace rebel.

The phases through which the agitation passed before it reached this

disastrous point need only a brief review. Naturally enough, owing to

the bi-racial conditions, friction had arisen earlier in Lower than in

Upper Canada, yet the first recognition of the flagrant defects of the

Constitution was not made till 1828, when a Committee of the British

House of Commons published a Report which, though its recommendations

were mild and inadequate, was in effect a censure of the whole political

system of the Province and an admission of the justice of the agitation.

There was no result for four years, while matters went from bad to worse

in the Colony. At last, in 1832, under an Act similar to that passed for

Upper Canada, all the provincial revenues were placed under the control

of the Assembly in return for the voting of a fixed Civil List. This

well-meant half-measure made matters worse, because it left the Assembly

just as powerless as before over the details of legislation and

administration, while giving it the power to paralyze the Government by

refusing all, instead of only part, of the supplies. This it proceeded

to do, and in the next five years large deficits were piled up, and the

Colony became insolvent.

Meanwhile, in February, 1834, a year before the publication of the

"Seventh Report of Grievances" in Upper Canada, and three months before

O'Connell's celebrated motion in the House of Commons for the Repeal of

the Union between England and Ireland, the Assembly of Lower Canada, at

Papineau's instance, passed the equally celebrated "Ninety-two

Resolutions." Bombastic and diffuse, like parts of O'Connell's speech,

this historic document nevertheless was as true in all really essential

respects as Mackenzie's manifesto and as O'Connell's tremendous

indictment of the system of Government in Ireland. All three men,

O'Connell with far the most justification, demanded the same thing, good

government for their respective countries under a responsible Parliament

and Ministry. They all occasionally used wild language, O'Connell the

least wild. O'Connell, who nine years later deliberately quenched a

popular revolt he could have headed, failed in his aim as completely as

Tone, Emmett, and Smith O'Brien, who pressed their efforts to the point

of violence. Mackenzie and Papineau, who took to arms, succeeded in

their aim.

The crisis in Lower Canada was precipitated, and, indeed, provoked, by a

challenge thrown out in March, 1837, from the British House of Commons,

where, at Lord John Russell's instance, the Ten Resolutions were agreed

to, which amounted in effect to a denial of all the colonial claims and

a declaration of war upon those who made them. Papineau had to eat his

words or make them good, and he chose the latter course. His

insurrection was arranged in concert with that of the Upper Province,

broke out simultaneously in the winter of 1837, and was extinguished

with little difficulty. The men who made it suffered. Canada and the

Empire profited. Both Papineau and Mackenzie, following the precedent of

Wolfe Tone with France, endeavoured with little success to engage

American sympathy and the aid of her army, though Canada had as little

desire for American rule as Ireland had for French rule.

Let us remark, as an interesting fact for those who imagine that

Irishmen are always instinctively on the side of turbulence and

disorder, that the Irish immigrants who poured into Canada at the

average annual rate of 20,000 in the years--terrible years in

Ireland--preceding the rebellions,[23] acted much as we might expect. In

the Lower Province, following the lead of the French Catholic hierarchy,

they declared in November, 1837, against Papineau's party, and thus

strengthened the hands of the Government when the crisis approached.[24]

In the Upper Province Catholics were strongly on the side of reform, but

took no part in the rebellion. Orangemen in both Provinces, as we might

guess, sided as strongly with the ascendancy parties, but colonial air

seems to have taken some of the theological venom out of Orangeism. If

Charles Buller is to be trusted, some Catholics joined the societies in

Upper Canada, which were more Tory than religious, and the healths of

William of Orange and the Catholic Bishop Macdonnell were drunk in

impartial amity.[25]

In the meantime, three of the four outlying Provinces of North

America--Nova Scotia, New Brunswick, and Prince Edward Island--where the

same form of Constitution prevailed as in Upper and Lower Canada, had

been passing through a similar phase of misgovernment and agitation

during the previous thirty years. Each suffered under a little

monopolist ascendancy, called by the same name, "the family compact,"

and sustained, against the prevailing sentiment and interest, by the

British Governor, and in each had arisen, or was arising, the same loud

demand for responsible government. Samuel Wilmot in New Brunswick,

Joseph Howe in Nova Scotia, were the best-known spokesmen. There was no

violence, but a growing dislocation. In five Provinces of North America,

therefore, the Colonial Government had broken down or was tottering, and

from exactly the same cause as in Ireland, though under provocation

infinitely less grave. For the moment, however, attention was

concentrated upon the Canadas, where, as a result of the rebellion, the

Constitution of Lower Canada was suspended early in 1838. In the summer

of 1838 Lord Durham, the Radical peer, was sent out by Melbourne's

Ministry as Governor-General, with provisionally despotic powers, and

with instructions to advise upon a new form of government.

Before we come to Durham's proposals, let us pause and examine the state

of home opinion on the Irish and Colonial questions. The people of Great

Britain at large had no opinion at all. They were ignorant both of

Canada and Ireland, and had been engaged, and, indeed, were still

engaged, in a political struggle of their own which absorbed all their

energies. The Chartist movement in 1838 was assuming grave proportions.

The Reform, won in 1832 under the menace of revolution and in the midst

of shocking disorders, was in reality a first step toward the domestic

Home Rule that Ireland and the five Provinces of North America were

clamouring for. Tory statesmen were quite alive to this political fact,

and condemned all the political movements, British, Irish, and Colonial,

indiscriminately and on the same broad anti-democratic grounds. The Duke

of Wellington, who was not a friend of the Reform Act, and had only

adopted Catholic Emancipation in order to avoid civil war in Ireland,

speaking about Canada in the House of Lords on January 18, 1838, coupled

together the United States, British North America, and Ireland as

dismal examples of the folly of concession to popular demands. Pointing

to the results of the Canada Act of 1831, to which I have already

alluded, and which gave the Assemblies control of the provincial

revenue, and with an eye, no doubt, on the tithe war barely at an end in

Ireland, he said: "Let noble lords learn from Canada and our other

dominions in North America what it is to hold forth what are called

popular rights, but which are not popular rights here or elsewhere, and

what occasion is given thereby to perpetuate a system of agitation which

ends in insurrection and rebellion."

The Whig statesmen who, if we except Peel's short Administration of

1834-35, were in power from 1830 to 1841, though by no means democratic

men, were clear enough about Reform for Great Britain, but nearly as

ignorant and quite as wrong about Ireland and Canada as the Tories. The

only prominent Parliamentarian who, as after events proved, correctly

diagnosed and prescribed for the disease in both countries was

O'Connell. Not fully alive to the Irish analogy, but correct from first

to last about Canada, was a small group of independent Radicals, of whom

Roebuck, Hume, Grote, Molesworth, and Leader were the principal

representatives. After the insurrections in Canada came John Stuart

Mill, Edward Gibbon Wakefield, Charles Buller, and with them Lord Durham

himself.

No one can understand either Irish or Colonial history without reading

the debates of this period in the Lords and Commons on Canada and

Ireland. Alternating with one another with monotonous regularity, they

nevertheless leave an impression of an extraordinary lack of

earnestness, sympathy, and knowledge, and an extraordinary degree of

prejudice and of bigotry in the Parliament to whose care for better or

worse the welfare of nearly ten millions of British citizens outside

Great Britain was entrusted. Save for an occasional full-dress debate at

some peculiarly critical juncture, the debates were ill-attended. The

prevailing sentiment seems to have been that Ireland and Canada,

leavened by a few respectable "loyalists" and officials, on the whole,

were two exceedingly mutinous and embarrassing possessions, which,

nevertheless, it was the duty of every self-respecting Briton to dragoon

into obedience. Both dependencies were assumed to be equally expensive,

though, in fact, Ireland, as we know now, was showing a handsome profit

at the time, whereas Canada was costing a quarter of a million a year.

For the rest, the pride of power tempered a sort of fatalistic apathy.

In the case of Ireland the element of pure selfishness was stronger,

because the immense vested interests, lay and clerical, in Irish land

were strongly represented. The proximity of Ireland, too, rendered

coercion more obvious and easy. Otherwise, her case was the same as that

of Canada. "The Canadas are endeavouring to escape from us, America has

escaped us, but Ireland shall not escape us," said an English member to

O'Connell just before the Repeal debate of 1834. Such was the current

view.

Yet, as in the case of Ireland and of the lost American Colonies, the

materials for knowledge of Canada were considerable. Petitions poured

in; Committees and Commissions were appointed, and made reports which

were consigned to oblivion. Roebuck, one of the small Radical group, was

himself a Lower Canadian by birth, and acted as agent at Westminster for

the popular party in that Province. He was as impotent as O'Connell, the

spokesman of the Irish popular party. If the Colonial Office was not

quite the "den of peculation and plunder" which Hume called it in

1838,[26] it was an obscure and irresponsible department, where jobbery

was as rife as in Dublin Castle. In the ten years of colonial crisis

(1828-1838), there were eight different Colonial Secretaries and six

Irish Chief Secretaries.

Over and above all this apathy and arrogance was the perfectly genuine

incapacity to comprehend that idea of responsible government which even

the most hot-headed and erratic of the colonial agitators did

instinctively comprehend. Until Durham had at last opened Lord John

Russell's eyes, the great Whig statesman was as positive and explicit as

the Tories, Wellington and Stanley, in declaring that it was utterly

impossible for the Monarch's Representative overseas to govern otherwise

than by instructions from home and through Ministers appointed by

himself in the name of the King. One constitutional King ruled over

Great Britain, Canada, and Ireland. He could not be advised by two sets

of Ministers. The thing was not only an unthinkably absurd nullification

of the whole Imperial theory, but, in practice, would destroy and

dissolve the Empire. William IV. himself told Lord Melbourne that it was

his "fixed resolution never to permit any despatch to be sent ... that

can for a moment hold out the most distant idea of the King ever

permitting the question even to be entertained by His Majesty's

confidential servants of a most remote bearing relative to any change of

the appointment of the King's Councils in the numerous Colonies." Lord

Stanley said, in 1837, that the "double responsibility" was impossible,

that there must either be separation or no responsible government, and

that it was "no longer a question of expediency but of Empire." Lord

John Russell, polished, sober, scorning to descend to the mere vulgar

abuse of the colonials which disfigured the utterances of many of his

opponents, struggling visibly to reconcile Liberalism with Empire,

nevertheless arrived at the same conclusion. In a debate of March 6, for

example, in the same year, in proposing the defiant Resolutions which

provoked the rebellion in Canada, he argued at length that a responsible

Colonial Ministry was "incompatible with the relations of a Mother

Country and a Colony," and would be "subversive of the power of the

British Crown," and again, on December 22, that it meant "independence."

O'Connell rightly replied to the former speech that Russell and his

followers were supporting "principles that had been the fruitful source

of civil war, dissension, and distractions in Ireland for centuries."

The Radical group pushed home the Irish parallel. Hume quoted, as

applicable to Canada, Fox's saying: "I would have the whole Irish

Government regulated by Irish notions and Irish prejudices, and I firmly

believe ... that the more she is under Irish Government the more she

will be bound to English interests." Molesworth declared, what was

perfectly true at that moment of passion and folly, that his extreme

political opponents wanted to make the reconquest of Ireland a precedent

for the reconquest of Canada.

It would repay the reader to turn back from this debate to the Irish

Repeal Debate of three years earlier, and listen to Sir Robert Peel

stating as one of the "truths which be too deep for argument," that the

Repeal of the Union "must lead to the dismemberment of this great

Empire, must make Great Britain a fourth-rate Power, and Ireland a

savage wilderness," which, as a matter of fact, it was at the very time

he was speaking, after thirty years of the Legislative Union, and seven

hundred years of irresponsible government. We must listen to him

claiming that the beneficent and impartial British Government was

"saving Ireland from civil war" between its own "warring sects,"

whereas, in fact, it was that Government which had brought those warring

sects into being, which had fomented and exploited their dissensions,

which had provoked the rebellion of 1798, and by its shameful neglect

and partiality in the succeeding generation had flung Ireland into a

social condition hardly distinguishable from "civil war." And we must

realize that closely similar arguments, with special stress on the right

of taxation, had been used for the coercion of the American Colonies,

and that exactly the same arguments, founded on the same inversion of

cause and effect, were used to defend the coercion of Canada. There,

also, the Fitzgibbonist doctrine of revenge and oppression by a majority

vested with power was freely used, even by Lord John Russell, in his

speech of March 6, 1837, and of December 22 in the same year, when he

spoke of the "deadly animosity" of the French and "of the wickedness of

abandoning the British to proscription, loss of property, and probably

of lives." He ignored the fact that the same state of anarchy had been

reached in uni-racial Upper Canada as in bi-racial Canada, and that the

"loyalists" in both cases were not only in the same state of unreasoning

alarm for their vested rights, but, in the spirit of the Ulstermen of

that day and ever since, were threatening to "cut the painter," and

declare for annexation to the United States if their ascendancy were not

sustained by the Home Government. Then, as to-day, the ascendant

minority were supported in their threats by a section of British

politicians. Lord Stanley's speech of March 8, 1837, where he boasted

that the "loyal minority of wealth, education, and enterprise" would

protect themselves, and, if necessary, call in the United States, is

being matched in speeches of to-day. In all the debates of the period it

is interesting to see the ignorance which prevailed about the troubles

in Upper Canada. The racial question in Lower Canada, owing to the

analogy with Ireland, was seized on to the exclusion of the underlying

and far more important political question in both Provinces.

Against the policy of the two great political parties in England the

little group of Radicals struggled manfully, and in the long run not in

vain, although for years they had to submit to insult and contumely in

their patriotic efforts to expose the vices of the colonial

administration and to avert the rebellion they foresaw in the Canadas.

What they feared, with only too good cause, was that the American and

Irish precedents would be followed, and war made for the coercion of the

Canadas, to be followed, if successful, by a still more despotic form of

government, which would in its turn provoke a new revolt. Rather than

that such a catastrophe should take place, they went, rightly, to the

extreme point of saying that an "amicable separation" should be

arranged, maintaining, what is indisputable, that the claims of humanity

should supersede the claims of possession. With Russell himself

declaring till the eleventh hour that responsible government was out of

the question because it meant "separation," they were quite justified in

demanding that separation, if indeed inevitable, should come about by

agreement, not as the possible result of a fratricidal war. For such a

war, though Russell could not see it until Durham made him see it, was

the only alternative to the grant of responsible government. But the

Radicals never used this argument unless circumstances forced them to.

Molesworth, in a debate of March 6, 1838, denounced the prevailing view

of the Colonies, insisted that we should be proud of them and study

their interests, that reform, not separation, should be our aim. The

Radicals were fully aware of the alternatives, and were unwearied in

pointing out the justice and policy, in the Imperial interests, of

acceding to the colonial popular demands. Grote had expressed the truth

in the December debate of 1837, when he implored the House "not to use a

tone of triumph at the superior power of England," but to remember that

the colonists, "though freemen, like ourselves," desired to remain, "if

they could do so with honour, in connection with England as the Mother

Country." He was followed by a gentleman named Inglis, who said that "it

was in Canada as in Ireland," a faction called itself Canada, and that

we must bring "back the colonists," like the Irish, "to subordination."

Roebuck, who led the Radicals in Canadian matters, had some of the

faults of Papineau and Mackenzie; yet posterity should give him and his

comrades credit for a constructive Imperialism which the great men of

his day lacked. It is now known that he and Sir William Molesworth

powerfully influenced Durham's policy. In a paper he drew up at Durham's

request on the eve of that nobleman's departure for Canada he sketched a

plan, imperfect in some details, but wise in broad conception, for

pacifying the Canadas, and went further in elaborating a scheme, also

defective, for the Confederation of British North America under the

Crown on the lines conceived by the despised demagogue, Mackenzie.[27]

But the two men who, by influencing Durham, probably did most to save

Canada for the Empire and to lay the foundations of the present Imperial

structure, were Charles Buller, the Radical M.P., and Edward Gibbon

Wakefield, both of whom accompanied the new Governor-General to Canada,

and who are generally believed to have inspired, if they did not

actually write, the greater part of the celebrated Report which became

the Magna Charta of the self-governing Colonies of the Empire.

A word about the events which ended in the publication of this Report.

Durham reached Canada at the end of May, 1838, and in November was

recalled in disgrace for exceeding--strange as it seems!--the almost

absolute powers temporarily entrusted to him. He was an extraordinary

mixture of a despot and a democrat, an extreme Radical in politics, an

autocrat in manners, as vain and tactless as he was generous and

sincere, making bitter enemies and warm friends in turn. He began by

winning and ended by estranging almost every class in both Provinces of

Canada, and returned to England to all appearances a spent and

extinguished meteor. There is some truth, perhaps, in Greville's

observation that, had he been "plain John Lambton," he would never have

been chosen for Canada. It is certain that those who sent him there

little dreamed of the consequences of their action. Lord Melbourne, the

Prime Minister, in a letter to the Queen, charged him with magnifying

the Canadian troubles "in order to give greater _éclat_ to his own

departure."[28] Still, he did his work of investigation faithfully, and

formed his conclusions sanely, and there were plain men of greater

ability at his elbow in the persons of Wakefield and Buller, by whose

advice he was wise enough to be guided. All opinion was against him when

news came of his recall, and even Roebuck was denouncing him in the

_Spectator_ for his autocratic excesses; but a brilliant article by John

Stuart Mill in the _Westminster Review_, pleading for time and

confidence, arrested the tide of obloquy.

Durham's long Report, and the events which followed it, ought to be

studied carefully by every voter, however lowly, who has a voice in

deciding the fate of Irish Home Rule. After an exhaustive discussion of

the causes of disorder in Canada, Durham made two recommendations, the

first of incalculable importance, and proved by subsequent experience to

be right; the second of minor consequence, and proved by subsequent

experience to be wrong.

The first was that responsible government should be inaugurated both in

Canada and in the Maritime Provinces of North America, whose

constitutional troubles Durham also discussed. His proposal was that the

Governor should govern in accordance with advice given by Colonial

Ministers in whom the popular Assembly reposed confidence, and who,

through that Assembly, were in touch with popular opinion; for it was to

the strangulation of popular opinion that Durham attributed all the

disorders and disasters of the past. This recommendation was eventually

adopted, not in the Act subsequently passed, but by instructions to the

Governors concerned; instructions which were first interpreted in the

full liberal spirit by Lord Elgin in 1847. The Maritime Provinces at

various dates and under various Governors received full responsible

government by 1854. Responsible government proved the salvation of

Canada and the Empire, as it would have proved, if given the chance, the

salvation of Ireland and a source of immensely enhanced strength to the

Empire.

The second and less important recommendation, afterwards embodied in the

Act of 1840, was the Union of the two Provinces of Upper and Lower

Canada. Here Lord Durham, misled unhappily by the Irish precedent, fell

into an error. During his visit to Canada he came near to accepting

that higher conception of a Federal Union with local Home Rule for each

Province, outlined by Roebuck and Mackenzie, and eventually consummated

thirty years later. When he came home to London he made a _volte face_,

rejecting the Federal idea and accepting its antitype, that Legislative

and Administrative Union of the two Provinces which had been rejected by

Pitt in 1791. There were, of course, economic arguments for Union apart

from the racial factor; but they do not seem to have been decisive with

Durham. At the last moment he gave way to a dread of predominant French

influence in Lower Canada, similar at bottom to his dread of the

unchecked influence of the British minority. While he feared that the

latter, if let alone, would inaugurate a reign of terror, he added also:

"Never again will the present generation of French-Canadians yield a

loyal submission to a British Government." The argument is inconsistent

with the whole spirit of the Report, which attributes the friction in

both Provinces to bad political institutions. It is probable that Durham

was really more influenced by the quite reasonable recognition that the

French were relatively backward in civilization and ideas. He sought,

therefore, both to disarm them politically and to anglicize them

socially, by amalgamating their political system with that of wholly

British Upper Canada. His calculation was that in a joint assembly the

British would have a small but sufficient majority. The estimated

population of Lower Canada was 550,000, of whom 450,000 were French, and

100,000 British and Irish; that of Upper Canada 400,000, all British and

Irish. That is to say, that in both Provinces together there was a

British and Irish majority of 100,000. The calculation over-estimated

the British element, but in the event this mistake proved to be

immaterial. Though Durham himself appears to have intended

representation to be in strict accordance with population, the Union

Act, passed in 1840, allotted an equal number of representatives in the

Joint Assembly to each of the old Provinces. The assumption here was

that the British Members from Upper Canada would unite with those of old

Lower Canada to vote down the French, just as the Ulster Protestants

voted with English members to vote down the Irish majority.

In practice the Union, after lasting twenty-six years, eventually broke

down. Durham's fear of French disloyalty proved to be as groundless as

his ideal of complete anglicization was futile. It was neither

necessary, sensible, nor possible to extinguish French sentiment, and

human nature triumphed over this half-hearted effort to apply in

dilution the medicine of Fitzgibbonism to the Colonies. Little harm was

done, because the introduction of responsible government, far

transcending the Union in importance, worked irresistibly for good.

Parties did not run wholly on racial lines, but racialism was encouraged

by the equal representation of the two Provinces in the Assembly, in

spite of the greater growth of population in the Upper Province. The

system was unhealthy, and at last produced a state of deadlock, in which

two exactly equal parties were balanced, and a stable Government

impossible. When that point was reached, men began to observe the strong

and supple Constitution of the adjacent United States, and to recognize

that a politically feeble Canada was courting an absorption from that

quarter which all Canadians disliked. The Legislative Union was

dissolved by the mutual consent of the Provinces with the approval of

the Mother Country, and in 1867, under the British North America Act,

the Federal Union was formed which exists in such strength and stability

to-day. Fear of French disloyalty or tyranny was a night-mare of the

past, even with the British minority in Lower Canada. It was realized

that French national sentiment was perfectly consistent with racial

harmony under the British flag. Upper Canada became Ontario, Lower

Canada Quebec. Each Province reserved a local autonomy for itself, and

each at the same moment voluntarily surrendered certain high powers to a

supreme centralized Government, in which both had confidence. Such a

political system is capable of indefinite expansion. Nova Scotia and New

Brunswick joined the Federation at the outset, Prince Edward Island and

British Columbia a little later, and were followed in turn by the

successively developed Provinces which now form the united and powerful

Dominion of Canada.

Turn back to Ireland and weigh well the analogy. _Mutatis mutandis_,

almost every paragraph of the Durham Report applied with greater force

to the Ireland of his day. The ascendancy of a caste and creed minority

in Upper Canada; of a race minority in Lower Canada; "the conflict of

races, not of principles"; the consequent obliteration of natural

political divisions, and the substitution of unnatural and vindictive

antagonisms demoralizing both sides to every quarrel; the universal

disgust with and distrust of the British Government, though for reasons

diametrically opposite; the hopelessness of true reforms; the

perpetuation of abuses; the stagnation of trade and agriculture; the

re-emigration to America, and the abuses of a Church Establishment with

endowments from sources by right public--all these phenomena and many

others had their counterpart in Ireland. Some have disappeared. The

Church is disestablished. The land question is on the way to settlement.

The old ascendancy is mitigated. But many of the political, and all the

psychological, features of the situation which Durham described do,

alas! exist to-day in Ireland. Ireland, like the Canada of 1838, is a

land of bewildering paradox. There is a similarly unwholesome arrest of

free political life, the same unnatural division of parties, the same

suppression of moderate opinion, and the same inevitable maintenance of

a Home Rule agitation, harmful in itself, because it retards the country

and accentuates for the time being the very divisions it seeks to cure,

but absolutely necessary for the final salvation of Ireland. Durham, in

the case of Canada, saw the truth, and swept into the limbo of

discredited bogies the old figments of the coercionists. In a singularly

noble and profound passage (p. 229), revealing the ethical basis on

which his philosophy rested, he declared that even if the political

freedom of the Colony were to lead in the distant future to her

separation from the Empire, she nevertheless had an indefeasible moral

right to the blessings of freedom; but he prophesied correctly that the

connection with the Empire "would only become more durable and

advantageous by having more of equality, of freedom, and of local

administration."

If only Irish and British Unionists would realize that these words came

from a profound knowledge of human nature in the mass, and are

applicable to Irishmen in Ireland just as much as to Irish, British,

French, and Dutch in the Colonies!

The tenacity of the old superstition is extraordinary, and we can see it

in the case of Canada. It remains a wonder to this day how responsible

government was ever introduced. There can be no question that the Act of

1840 only secured a smooth passage because, in providing for the Union

of the French and British Provinces, it represented a superficial

analogy to that Union of Britain and Ireland which had paralyzed Irish

aspirations. Durham himself had actually quoted both the Irish and

Scotch Unions as successful expedients for "compelling the obedience of

a refractory population," and thus arrived at the outstanding and

solitary defect of his otherwise noble scheme. And O'Connell, in a

debate upon the Report on June 3, 1839, opposed the Canadian Union for

Irish reasons, and in language which after-experience proved to be

perfectly correct. Happily, as we have seen, the defect was small and

curable, because the analogy with Ireland, where there was no

responsible, but, on the contrary, a separate and wholly irresponsible

Executive Government, and whose interests were upheld by only 100

Members in a House of 670, was exceedingly remote. On responsible

government itself the Canadian Act of 1840 was entirely silent. We may

thank Providence for the fact. Durham's cardinal proposals had received

unbridled vituperation as sentimental rubbish where they were not

treasonable poison, the whole controversy taking precisely the same form

as in 1886 and 1893 over Mr. Gladstone's Home Rule Bills for Ireland.

The _Quarterly Review_ spoke of "this rank and infectious Report,"

though it is fair to say that Peel and Wellington did not join in such

wild language. Five months after the issue of Lord Durham's Report, Lord

John Russell, in the debate of June 3, was denying, with the approval of

all but the Radicals, the possibility of responsible government as

emphatically as ever. Durham seems to have partially converted him in

the summer, for in introducing the Act itself in 1840 he cautiously

committed himself to the plan of instructing the Canadian Governor to

include in his Executive Council, or Cabinet, men expressly chosen

because they possessed the confidence of the Assembly. But the Act as it

stood, ignoring this vital change, was impeccably Conservative, and on

that account went through. In some points it seemed, without good

reason, to be even reactionary, and was regarded in that light with

displeasure by the Radicals, with satisfaction by Whigs and Tories.

While confirming the control of revenue by the Assembly, in return for a

fixed civil list, it took away from the Assembly, and vested in the

Executive, the power of recommending money votes, and it also retained

the Legislative Council or Upper Chamber as a nominated, not as an

elective, body. Provided that the Executive had the confidence of the

representative Assembly or Lower House, the first point was perfectly

sound, and the second was not vital; but there was no security for the

condition precedent other than Russell's vague outline of subsequent

policy. While the supreme power of the King, acting with or without the

Governor, was reaffirmed in the most vigorous terms, there was not a

word in the Act about the composition of the Executive Council or its

relation to the Assembly.

In Canada much the same misconceptions prevailed, and promoted the

acceptance of the Act by the supporters of the old ascendancies. The

question of the Union and the question of responsible government, both

raised by Lord Durham's Report, became inextricably confused, and the

various petitions and resolutions of the time reflect this confusion.

The French opposed the Union and supported responsible government on the

same grounds, and in almost identical terms, as the Irish opposed, and

still oppose, their Union with Great Britain, and ask for responsible

government in Ireland. Moderate Britishers supported both proposals, but

the extremists of the old ascendancy bitterly denounced the whole theory

of responsible government, Union or no Union. Their views are ably and

incisively set forth by a Committee of the old Legislative Council of

Upper Canada, that is, by the members of the "family compact," in a

protest signed and transmitted to London, where it was quoted with

approval by Lord John Russell. It may be found, together with other

petitions of the time, in the "Canadian Constitutional Development" of

Messrs. Grant and Egerton. With a few unessential changes and

modifications, the whole document might be signed to-day by a Committee

of Ulster Unionists, and I heartily wish that every Ulsterman would read

it in a spirit of reason and generosity, and observe how every line of

it was falsified by history, before he declares that the situation of

Ulster is peculiar, and sets his hand or gives his adhesion to a

similar document. The signatories, who, it must be remembered, were a

small ruling minority of the colonists, whose power was artificially

sustained by the British Governor, claim that they alone, in glorifying

and in battling for "colonial dependence," are the true Imperialists.

They hold dear the "unity of the Empire." Responsible government within

their own Colony would lead to the "overthrowal" of that Empire, and the

reduction of Britain to a "second-rate Power." A colonial Cabinet is

absurd; the local and sectional interests are too strong; the British

Government must remain as "umpire" to keep the parties from flying at

one another's throats. The majority, who are themselves a prey to

divisions (and one thinks of Nationalist splits), are seeking only for

illegitimate power; the minority are for "justice and protection, and

impartial government." Yet in the same breath we are told that all is

happy and peaceable as it is. Why subject the Colony to the dissensions

of party? Why foster a spirit of undying enmity among a people disposed

to dwell together in harmony? The signatories argue from the history of

Ireland and Scotland, "which never had responsible government, yet

government became impracticable the moment it approached to equal

rights." Hence a Union, because "government must be conducted with a

view to some supreme ruling power, which is not practicable with several

independent Legislatures." Finally, Loyalists and Imperialists as they

are, they are not going to stand an attempt to "force independence" on

them. They will take the matter into their own hands, and, if necessary,

call in the United States to "replace the British influence needlessly

overthrown."

I do not quote this sort of thing in order to add any tinge of

bitterness to present controversies. The signatories lived to see their

errors and to be ashamed of what they wrote. They, like the Irish

Unionist leaders of to-day, were able and sincere men, unconscious, we

may assume, that their pessimism about the tendencies of their

fellow-citizens was really due to the defective institutions which they

themselves were upholding, and to the forcible suppression of the finer

attributes of human nature; unconscious, we may also assume, of

identifying loyalty with privilege, and "the supreme ruling power" with

their own ruling power; unconscious that what they called "Imperial

Unity" was in reality on the verge of producing Imperial disruption; and

wholly unconscious, certainly, of the ghastly irony of their analogy

drawn from the brutally misgoverned, job-ridden, tithe-ridden,

rack-rented Ireland of their day, living, for no fault of its own, under

a condition of intermittent martial law, and hurrying at that moment

towards the agony of the famine years. Less severe in degree, analogous

abuses perpetuated in their own interest existed in their own Colony,

and were only abolished under the new régime which they attacked with

such vehemence before it came, and which, because it transformed and

elevated their own character and that of their fellow-citizens, while

drawing them closer to the old country, they afterwards learned to

regard with pride and thankfulness.

As an effective contrast to the mistaken views of the Upper Canadian

statesmen, the reader cannot do better than study the letters of Joseph

Howe, the brilliant Nova Scotia "agitator," to Lord John Russell, in

answer to that statesman's speech of June 3, 1839, when he argued

against responsible government, and quoted the Upper Canadian manifesto

as his text. These letters make a wonderful piece of sustained and

humorous satire, of which every word was true and every word applicable

to Ireland. Howe's portrait, for example, of the average Colonial

Governor applies line for line to the average Chief Secretary, coming at

an hour's notice to a country he has never seen, and knows nothing of,

vested with absolute powers of patronage, and often pledged to carry out

a policy in direct conflict with the wishes of the vast majority of the

people whose interests he is supposed to guard.

The Act of 1840 went through, but it had little to do with the

regeneration and reconciliation of Canada. Poulett Thompson, the first

Governor, peremptorily declined to admit the principle of Ministerial

responsibility. Some good reforms were, indeed, made in the early years,

but the Act was on the verge of breaking down when Lord Elgin, Durham's

son-in-law, came to Canada as Governor-General in 1847. After many party

changes and combinations, French influence was temporarily in the

ascendant, and in 1849 a Bill was on the stocks for compensating French

as well as British subjects for losses in the rebellion of 1837. Elgin,

following the advice of his Ministers, of whom Baldwin was one,

Lafontaine another, gave the Royal Assent to the Bill. The British, with

the old cry of "loyalism," and with Orangemen in the van, rioted, mobbed

the Governor, and burnt down the Parliament House at Montreal. Elgin,

expostulating with Lord John Russell, who was as pessimistic as ever,

and threatened with recall, stuck to his guns under fierce obloquy, and

the principle of responsible government was definitely established. It

was applied at about the same period to the other British Provinces of

North America, with the ulterior results I have described, and in a few

years to Australia.

The great year, then, was 1847, the year of the Irish famine, and the

year before the pitiful rebellion of Smith O'Brien, surrendering in the

historic cabbage-garden. Our thoughts go back sixty-four years to 1783,

when the American War of Independence ended; when, as a result of that

war, British Canada and Australia were founded, and when, at the

crisis--premature, alas!--of Ireland's fortunes, the Volunteers in vain

demanded the Reform which might have saved their country. Look into

historical details, read contemporary debates, and watch the contrast.

Within five years of responsible government Canada solved all the great

questions which had been convulsing society for so long, and turned her

liberated energies towards economic development. In Ireland the abuses

of ages lingered to a point which seems incredible. The Church was not

disestablished, amid outcries of imminent ruin and threats of a

Protestant rebellion, till 1869, when Canada had already become a

Federated Dominion. The Irish land question, dating from the seventeenth

century, was not seriously tackled until 1881, not drastically and on

the right lines till 1903. Education languishes at the present day.

Canada started an excellent system of municipal and local government in

the forties. In Ireland, while the minority, in Greville's words, were

"bellowing spoliation and revolution," an Act was passed in 1840 with

the utmost difficulty, removing an infinitesimal part of the gross

abuses of municipal government under the ascendancy system, and it was

not till 1898 that the people at large are admitted to a full share in

county and town government. Even this step inverted the natural order of

things, for the new authorities are hampered in their work by the

incessant political agitation for the Home Rule which should have

preceded their establishment, as it preceded it in Great Britain and

Canada. Home Rule, the tried specific, was resisted, as those who read

the debates of 1886 and 1893 will recognize, on the same grounds as

Canadian Home Rule, in the same spirit, and often in terms absolutely

identical.

Was it because Ireland, unlike Canada, was "so near"? Let us reflect.

Did Durham advocate Canadian Home Rule because Canada was "so far"? On

the contrary, it was a superficial inference, drawn not merely from

Ireland, but from Scotland, and since proved to be false both in Canada

and South Africa, that made him shrink from the full application of a

philosophy which was already far in advance of the political thought and

morality of his day. Is it to be conceived that if he had lived to see

the Canadian Federation, the domestic and Imperial results of South

African Home Rule, and the consequences of seventy more years of

coercive government in Ireland, he would still have regarded the United

Kingdom in the light of a successful expedient for "compelling the

obedience of refractory populations"? In truth, Durham, like ninety-nine

out of a hundred Englishmen of his day, knew nothing of Ireland, not

even that her political system differed, as it still differs, _toto

coelo_ from that of Scotland, and came into being under circumstances

which had not the smallest analogy in Scotland. So far as his knowledge

went, he was a student of human nature as affected by political

institutions. Wakefield, who advised him, was a doctrinaire theorist who

put his preconceived principles into highly successful practice both in

Australia and Canada. They said: "Your coercive system degrades and

estranges your own fellow-citizens. Change it, and you will make them

friendly, manly, and prosperous." They were right, and one reflects once

more on the terrible significance of Mr. Chamberlain's admission in

1893, that "if Ireland had been a thousand miles away, she would have

what Canada had had for fifty years."

FOOTNOTES:

[20] "The Irishman in Canada" (N.F. Davin), a book to which the author

is indebted for much information of the same character.

[21] "William Pitt and the National Revival."

[22] Canadian Archives, 1905; "History of Prince Edward Island," D.

Campbell; "History of Canada," C.D.G. Roberts. In 1875, after a long

period of agitation and discontent, the Land Purchase Act was passed,

and the Dominion Government asked Mr. Hugh Childers to adjudicate on the

land-sale expressly on the ground that he had been associated with the

Irish Land Act of 1870 ("Life of Mr. Childers," by Lieut.-Col. Spencer

Childers, vol. i., p. 232).

[23] Canadian Archives, 1900. Note B. Emigration (1831-1834). Irish

immigrants in 1829, 9,614; in 1830, 18,300; in 1831, 34,155; in 1832,

28,024; in 1833, 12,013; in 1834, 19,206: about double the immigration

of English and Scottish together in the same period.

[24] "Self-government in Canada," F. Bradshaw, p. 96 _et seq_.

[25] "Durham Report," p. 130.

[26] Hansard, January 23.

[27] "Self-government in Canada," F. Bradshaw, p. 17.

[28] "Letters of Queen Victoria," vol. i., November 22, 1838.

The Framework of Home Rule · 第 2 / 10 章