CHAPTER XVI.

THE TRIUMPHS OF A TRIED REFORMER.

While the public excitement continued unabated, the Lieutenant-Governor

resolved upon a step which was little calculated to allay it. This step

was the dissolution of the existing Parliament. He and his advisers,

sworn and unsworn, believed that the time was opportune for a general

election. If the numerical majority of the Opposition in the Assembly

were reversed, the Government could afford to laugh at what they called

"low-bred democracy." Such a reversal, it was thought, might now be

effected. The disloyalty cry might safely be trusted to do its work, not

only by clearing the Assembly of the chief members of the Opposition,

but by giving the Government party an easy working majority. In order,

however, that his Excellency might seem to be following public opinion

in this matter instead of guiding it, the official party caused

petitions to be sent in from various quarters, praying that a

dissolution and a general election might take place. This not only

served the intended purpose of misleading the public as to the designs

of the Executive, but also afforded Sir Francis an opportunity of

pouring out oceans of words in the form of replies. The concluding

sentence of his reply to an address from certain electors of the Home

District is eminently characteristic of the man. Portions of the

already-mentioned letter from Papineau to Bidwell had seemed to point to

a possible invasion of the Province by inhabitants of the United States.

This idea was eagerly seized upon by Sir Francis, as indicative of

concerted action between the hypothetical invaders and the Upper

Canadian Radicals. "In the name of every regiment of militia in Upper

Canada," said he--"_Let them come if they dare!_"[236] Nothing but

actual perusal of his despatches will afford any accurate idea of his

blatant self-confidence at this time. It is quite evident that he

regarded the above-quoted reply as a master-stroke of vigorous

diplomacy. He drew special attention to it in a communication to Lord

Glenelg, in the course of which he made use of language which must have

almost stunned the conventional and decorous Colonial Secretary. "I am

aware," he wrote, "that the answer may be cavilled at in Downing Street,

for I know it is not exactly according to Hoyle. _Mais, man seigneur,

croyez-vous done qu'on fasse des revolutions avec de l'eau de

rose?_"[237] The tone of his despatches is from first to last

extraordinary. It would seem as if they ought to have told their own

miserable tale of superficiality and unfitness to the Colonial

Secretary. In announcing the probability of an early dissolution of the

Provincial Parliament, Sir Francis requests his Lordship to send him no

orders on the subject, but to allow him to work the matter in his own

way.[238] The Opposition are constantly referred to in such phrases as

"the republicans in the House of Assembly," and "the revolutionists of

Upper Canada."[239] His Lordship is warned that if the demands of the

Opposition be complied with in the matter of Executive responsibility,

"democracy, in the worst possible form, will prevail in our

colonies."[240] "In South America," he remarks, "truth and justice

carried me through difficulties even greater than those I have now to

contend with, and I have the firmest reliance they will again be

triumphant."[241] In another despatch[242] his Lordship is notified that

Robert Baldwin, who is referred to as an agent of "the revolutionary

party," is about to start for London. "It is stated," writes Sir

Francis, "that he goes there for the recovery of his health, but it is

acknowledged by his party that he will be prepared to answer any

questions which the Government may feel disposed to put to him." This

intimation is followed by the expression of a confidence that his

Lordship will discountenance "the system of sending agents from the

British North American colonies, and their being received by the

Government." A hope is expressed that should Mr. Baldwin directly or

indirectly communicate with the Colonial Office during his stay in

England, he may be effectually sat upon, and that he may receive "that

style of answer," a copy of which may be transmitted to Sir Francis, and

published in the Canadian papers, as a means of deterring further

"left-handed attacks upon the constitution." It may be added that the

expression of confidence above referred to was justified by the result,

as Mr. Baldwin, during his stay in England, was not admitted to an

interview with Lord Glenelg, though a written statement of his views was

received by his Lordship, and submitted to the Cabinet.

The Reformers, moderate and radical, were brought closer together by the

agitated state of the public mind, and by the efforts of the official

party to destroy their influence. Several weeks before the dissolution

actually took place it became known that such a step was imminent, and

quiet preparations were made for the general election which was to

follow. The formation of the Canadian Alliance Society by the Radicals,

towards the close of 1834, has already been referred to.[243] Neither

the platform of this society nor the mode of conducting it was such as

to commend it to Reformers generally, and it was now deemed advisable to

organize a new association on a broader basis, with a special eye to

cooeperation with Reformers who resided in the rural districts. This was

accordingly done under the auspices of some of the leading Reformers of

Toronto. In contradistinction to the British Constitutional Society

mentioned towards the close of the last chapter, the new association was

called the Constitutional Reform Society. Dr. Baldwin accepted the

Presidency, and Francis Hincks, who was then engaged in commercial life

in Toronto, was appointed Secretary. Steps were taken to counteract the

misrepresentations of the official party, and generally for the

efficient maintenance of the impending election campaign. The Reformers

seem to have greatly underestimated the efforts of their opponents. As

the event proved, they were also hopelessly astray in gauging the public

opinion of the Province, for they looked forward to the approaching

contest with the utmost confidence in the result. The new society, it

was thought, would accomplish wonders in the way of thorough

organization, and it was confidently believed that the existing Reform

majority in the Assembly would be fully maintained, if not increased.

The efforts of the official party to spread a belief prejudicial to the

patriotism of the Reformers were laughed to scorn. So also was the

attempt of the Lieutenant-Governor to imbue the inhabitants with a

belief in the probability of a foreign invasion. Upon the promulgation

of the challenge to the imaginary invader, a number of the Toronto

Reformers, with Mr. Hincks at their head, amused themselves by

perpetrating a practical joke. Having taken counsel together, they

formed themselves into a deputation, and called upon his Excellency in a

state of well-assumed perturbation. In a formal address they expressed

much solicitude on the subject of the contemplated invasion. They

professed to re-echo his unbounded confidence in the Provincial militia,

but begged to be informed of the quarter whence the attack was

anticipated. "We do not doubt," said they, in their Address, "the

readiness with which would be answered upon any emergency your appeal to

the militia, which appeal we are satisfied would not have been made

without adequate cause. In a matter so seriously affecting the peace and

tranquillity of the country, and the security of its commerce, we beg to

learn from your Excellency from what quarter the invasion is alleged to

be threatened." To this not unreasonable demand the Lieutenant-Governor

was unable to make any definite reply. The absurdity of his challenge

was for the first time fully brought home to him. According to the

testimony of eye-witnesses, he "did not sit, but stood with that

personal oscillation which you witness in a man so situated as not well

to know what to say or what to do."[244] When at last his reply came,

it proved to be the briefest and most sensible of all his replies.

"Gentlemen," said he, "I have no further observations to make to you on

this subject." The deputation, struggling with suppressed laughter,

withdrew.

The Provincial Parliament was dissolved on the 28th of May, and as it

was thought desirable to strike while the iron was hot, the elections

were hurried on with unseemly haste. They began on the 20th of June, and

all the returns were in during the first week in July. The issue was an

exciting, but not a doubtful one, for the official party entered upon

the contest with loaded dice and a determination to win. Numerous

attempts have been made to explain and excuse their conduct during this

eventful epoch; but it is impossible to blink the fact that the result

was a foregone conclusion from the very moment of the issue of the

writs. The whole weight of the Government was put forward to ensure the

return of Tory candidates, and this was done in the most direct and

shameless manner. The Lieutenant-Governor openly made himself a party to

the contest. His replies to the various addresses which he had himself

promoted were one and all set to the same tune.[245] The issue was

presented in such a light that no inconsiderable part of the population

were led to believe that the maintenance of British connection depended

upon the result of the contest. Owing to the representations of

Government emissaries, backed by the Tory press, and reinforced by the

inflammatory speeches and addresses of the Lieutenant-Governor, it was

widely believed that should the Reformers succeed there would be a

speedy uprooting of cherished institutions, followed by separation from

the mother country and ultimate annexation to the United States. The

indiscreet language of Mackenzie and some other Radicals had been such

as to lend colour to misrepresentations of this nature, and the spirit

thereby aroused was decisive of the result. Not only professed Tories,

but most of the moderate-minded of the population, rallied to the side

of the Lieutenant-Governor, to uphold British connection, and to oppose

the encroachment of republican and revolutionary ideas. Loyalty was

rampant, and patriotic fervour was aroused to a height which it had not

reached in Upper Canada since the War of 1812. "Down with democracy!"

"Down with republicanism!" "Hurrah for Sir Francis Head and British

connection!" Such were the legends inscribed on the dead-walls in the

principal towns of the Province.[246] Tory votes were manufactured by

wholesale, and Tory funds were squandered with reckless profusion. For

the first time in the history of Upper Canada, Government agents were

sent down to the polling-places armed with patents for land, to be

distributed among the electors. It is open to doubt whether some of

these were not conferred upon persons who had no title to them.[247]

Reform votes were rejected by partisan returning-officers upon the most

frivolous pretexts. Gangs of ruffians were stationed at the polls to

intimidate those who ventured near to record their votes in favour of

anti-Government candidates. In at least one instance, the

Lieutenant-Governor presented himself in person at the polling-place

while the contest was at its height, and remained there for some time on

horseback, in close proximity to the spot where votes were

recorded.[248] As for the Reformers, they were soon aroused from their

dreams of confidence. But their rude awakening, early as it was, came

all too late. They perceived that the seed had been well sown, and that

the crop would have to be reaped. They found themselves looked upon with

suspicion and dislike among their neighbours and others from whom they

had been accustomed to receive confidence and respect. They needed all

the courage of their opinions to support them against the obloquy which

official slander had aroused. The courageous among them faced the polls

in the spirit of a forlorn hope. The more timid quietly remained at home

and refrained from voting, rather than subject themselves to certain

insult and probable physical violence.

It may perhaps be urged, in reply to some of the foregoing allegations,

that a Committee of the Assembly subsequently inquired into the various

matters complained of, and that their report acquitted the Governor of

all culpability. But anyone who is familiar with the proceedings of

election committees in those days, and even in times much more recent,

will not need to be informed how much--or how little--weight should be

attached to a verdict from such a source. In the case under

consideration, the proceedings were conducted with exceptional disregard

to propriety, and the verdict of acquittal cannot be considered as of

any value whatever. Only one member of the Committee heard the whole of

the evidence upon which the report was based. Three of the members

declared that the report was adopted without their knowledge or consent.

Of the other five members who prepared the document, one attended only

two meetings out of fourteen; while another attended four, and another

five. A fourth member attended twelve meetings, and one only of the five

attended all the fourteen. The inquiry was from first to last conducted

in a spirit of partisanship, and the report, in the language of Dr.

Rolph, was "the offspring of untempered zeal, insufficient evidence,

hasty conclusions, and executive devotion."[249] As a general rule, it

is a difficult matter to convict a Government of actual, direct

interference with the freedom of election. But in the case of the

general election of 1836, there is unfortunately no room for doubt. That

patents were issued in great numbers by the Commissioner of Crown Lands,

and despatched by the hands of trusted agents of the Government to the

polling-places, to be used by the voters, is as well established as is

the fact of the election itself. Nay, the fact is admitted by Sir

Francis Head in the supplemental chapter to his "Narrative," as well as

by the Committee appointed by the Assembly to investigate the matter,

and the attempts to explain it away are of the weakest kind. The number

of patents issued was so great as to require a special staff of extra

clerks to get them ready by the time they were wanted. In some cases the

patents covered only a quarter of an acre of wild, uncultivated land,

upon which no buildings had been erected. Many of them were issued

between the date of the dissolution of Parliament and the close of the

election a month later,[250] and in some instances they were issued

after the actual opening of the poll. They were distributed openly at

the places where the elections were held, to persons who had not applied

for them, and who, at least in some instances, received them without

paying the usual fees, merely that they might thereby be enabled to

vote. Whether the issue of the patents affected the result of the

election in any single instance is altogether beside the question. It

would be absurd to pretend, in the face of such tactics as these, that

there was any real freedom of choice offered to the people in the matter

of Parliamentary representation. Freedom of election was paralyzed.

Reform voters were literally overwhelmed, and their franchise rendered

of no avail. All this was done with the cognizance and assent of the

Lieutenant-Governor, who thereby wilfully violated the instructions

which he had received from the Home Office.[251]

The result of an election contest conducted on these lines was such as

to fully realize the expectations of Sir Francis and his advisers. Not

only were all the old Tory members returned--and this, in several cases,

without any opposition--but a number of new adherents of that side found

seats. Hagerman was returned for Kingston by acclamation, McLean was

returned for Stormont, George S. Jarvis for the Town of Cornwall, Jonas

Jones and Ogle B. Gowan for Leeds, A. N. MacNab for Wentworth, W. B.

Robinson for Simcoe, Mahlon Burwell for the Town of London, Henry

Sherwood for Brockville, and William Henry Draper for Toronto. The

last-named gentleman, known to later times as Chief Justice Draper, now

entered public life for the first time. He was a very decided

acquisition to the ranks of Upper Canadian Toryism, and was destined to

exert a wide and far-reaching influence upon successive representatives

of the Crown in this colony. But the triumphs of the official party were

not confined to mere numerical successes. They wrested some important

constituencies from the hands of their opponents. The Reformers were not

only left in an insignificant minority, but nearly all their ablest

members were defeated in what had long been regarded as safe Reform

constituencies. Bidwell and Perry suffered defeat in Lennox and

Addington; Lount underwent a similar fate in Simcoe; and Mackenzie was

signally worsted in the Second Riding of York by a man of no political

standing. Gibson, Morrison and Mackintosh gained their respective

elections in the other three Ridings of York, but none of them possessed

much Parliamentary ability, or was to be depended upon in any great

emergency. The one significant gain to the Reform party arose out of the

election of Dr. Rolph. The Doctor, after having allowed himself to be

talked into accepting a seat in the Executive Council whose resignation

had been the beginning of the contest between the Reformers and the

Lieutenant-Governor, had not felt himself at liberty to reject the

overtures of his friends. He had been put in nomination for the County

of Norfolk, and his candidature had been successful. He was a host in

himself, and his return was the one streak of bright light which

appeared in the Reform horizon at the close of the campaign.

Perhaps the most unsatisfactory feature about the whole unsatisfactory

business, from the Reform point of view, was that the ignominous

discomfiture of the Reformers had been brought about by defections from

their own ranks. Moderate-minded Reformers had come to think, with the

Conservatives, that even Family Compact domination was preferable to the

ascendency of such men as Mackenzie. The publication of the baneful

domination letter, followed, as it had been, by Tory misrepresentation,

had led thousands of persons to believe that the Radicals secretly

favoured the separation of the colony from Great Britain. The Wesleyan

Methodists, a numerous body, were doubly impelled to oppose Mackenzie

and all who favoured his cause. The quarrel between Mackenzie and the

Rev. Egerton Ryerson has already been referred to.[252] Mr. Ryerson was

in those days one of the most prominent figures in Upper Canadian

Methodism, and in conjunction with his brothers, exerted a predominant

influence among the members of that body. At the time of the general

election of 1836 he was absent from the Province on a mission to

England, whither he had gone to obtain a charter for the Upper Canada

Academy, and to solicit subscriptions for the establishment and

maintenance of that institution, which subsequently developed into the

University of Victoria College. But the reverend gentleman's arm was

far-reaching, and stretched across the broad expanse of the Atlantic. In

common with a large and respectable portion of the Upper Canadian

population, he cherished a feeling of personal contempt for Mackenzie,

whose character he thoroughly despised, and whose projects he regarded

as prejudicial to the welfare of the colony. The publication of the

baneful domination letter had convinced him that rebellion and

separation were among the cherished schemes of the Radicals. To all such

schemes he was prepared to oppose his firmest resistance, for his

loyalty was of the perfervid order, and his dislike of Mackenzie

probably imparted additional zeal to his opposition. As has been seen,

Mackenzie, with the aid of Hume, Roebuck and other British statesmen,

had succeeded in creating in the minds of the English public

considerable sympathy for Canadian Reform. To counteract this influence

Mr. Ryerson, under the signature of "A Canadian," contributed a series

of letters to the London _Times_. They were vigorously written, and

attracted much attention, not only in England but in Canada, where they

were republished in the columns of the Tory newspapers, and where they

were circulated in pamphlet form as a campaign document. Mr. Ryerson

also wrote to leading members of the Methodist body in Canada, urging

them to cast all their influence for Government candidates, and against

the revolutionary policy of the Radicals. His appeals served their

purpose, and the great bulk of the Wesleyan Methodists of Upper Canada,

who had theretofore supported Reform members, went over to the side of

the Government. In many constituencies--notably so in Lennox and

Addington--they held the balance of power, and their secession from the

Reform cause decided the fortunes of the candidates.[253] A few remained

unaffected by Mr. Ryerson's lucubrations, and some even went so far as

to denounce his conduct and reply to his arguments, but these were too

few in number to affect the general result. Some of the successful

candidates were compelled to pledge themselves in advance to the

Methodists and other Nonconformists to take immediate steps for the

settlement of the Clergy Reserves question, but the pledges were

neglected or forgotten during the turbulent epoch which ensued.

It will thus be seen that, as is clearly pointed out in the Report of

Lord Durham,[254] the contest which had been commenced on the question

of a responsible Executive Council had afterwards been adroitly turned

by the official party, and had been decided on very different grounds.

The question of a responsible Executive, as well as the question of the

Clergy Reserves, had for the time sunk out of public notice. All other

matters had given way to a resolve to return candidates who would "rally

round the throne." The triumph of the Government went far beyond what

several members of it had ventured to anticipate. On the 8th of July,

Sir Francis was able to report to Lord Glenelg that "the

Constitutionists"--by which name he designated the official party and

all who supported them--had a majority of twenty-five,[255] whereas in

the preceding Assembly they had been in a minority of eleven. In the

same despatch he availed himself of the opportunity to malign Mr.

Bidwell, whom he characterized as the "twin or Siamese companion of Mr.

Speaker Papineau." He descanted upon the powerful reaction which had

been brought about, and exultingly informed his Lordship that of the

four candidates who had contested the constituency of Lennox and

Addington Mr. Bidwell had polled the fewest votes.

The Colonial Minister must have been sore puzzled to know what to make

of this gushing and galloping Lieutenant-Governor, who was so evidently

devoid of the peculiar qualifications supposed to be requisite for one

in his station, and who framed his official despatches upon the model of

a sensation novel. Here was a man who had been selected for an elevated

and honourable post because be had been supposed to be an adept in the

science of politics, but who, as it now turned out, was utterly

unacquainted with the principles and practice of Government; who was

ignorant of the proprieties and amenities of official intercourse; who,

in what were intended for grave official despatches, indulged in

extracts from French vaudevilles, and referred to certain methods of

procedure as not being _according to Hoyle_! By all known theory and

precedent, the accession to office of such a man ought to have been

attended by immediate and ignominous failure. Yet, so far as could be

judged, he had by no means failed. Nay, he actually appeared to have

scored a marvellous success, and to have brought about what men of

greater ability and wider experience had been utterly unable to

accomplish. Such a success was an inscrutable mystery to the official

mind, and Lord Glenelg, after the first few weeks, appears to have

abandoned all attempts to penetrate it. The entire demeanour of this

unconventional Lieutenant-Governor was incomprehensible. He had

expressed his total dissent from the policy of the Commissioners of

Inquiry in Lower Canada, who had reported in favour of a responsible

Executive.[256] He had even gone so far as to tender his resignation in

consequence of his inability to concur in the liberal measures of Reform

advocated by the Commissioners.[257] But the Home Government had by no

means been disposed to accept his resignation just at that time. They

had no available person to put in his place, and it had been thought

desirable that he should be permitted to try his hand a little longer.

And now this news as to the result of the elections seemed to fully

justify their determination to retain him in office. If he had really

inaugurated a new and improved order of things in Upper Canada, it was

only fair that he should enjoy the prestige of his success.

But the ill effects of Sir Francis's superficial and disastrous policy

were already beginning to be apparent to those whose eyes were keen

enough to look below the surface of things. The Reformers felt that they

had been out-manoeuvred. That they could have borne, for they had

often been compelled to bear a similar infliction in past times. But

they considered that they had been cheated out of their rights by one

whose especial duty it was to watch over and preserve those rights

inviolate. They had endured much at the hands of a Gore, a Maitland and

a Colborne. But Gore, Maitland and Colborne had not presented themselves

before them in the garb of tried Reformers. They had been the Tory

emissaries of Tory superiors beyond sea, whose instructions they had

generally carried out. All this had been changed; but the change, so

far as Upper Canada was concerned, had been for the worse. The Reformers

of the Province felt that the man who had been placed at the helm of

State--the man who had been sent over by an ostensibly Liberal

Government to redress the accumulated wrongs of the past--was in some

respects far more dangerous than any of his predecessors had been.

Carlyle had not then delivered his celebrated discourse on fools, but

the idea that a fool may sometimes be far more dread-inspiring than a

wise man is sufficiently obvious, and had presented itself in vivid

shape before the minds of a good many of the Reformers of Upper Canada.

They had by this time come to know something of Sir Francis Head. They

had brought themselves to regard him as not only a fool, but a fool

devoid of right feeling or principle; a fool who would stop at no

injustice or iniquity the perpetration whereof would conduce, in however

small a degree, to his own glorification. He evidently regarded his

personal interference in the elections as a thing upon which he ought to

plume himself. Such a state of things was not to be borne. It was clear

that life, for Canadian Reformers, would very soon be not worth living.

They despaired of the future, which, to their depressed vision, seemed

to be overhung by a sky of unrelieved blackness. Their despair was

accompanied by a smarting sense of defeat and injustice proportionate to

the circumstances. Such feelings were not confined to defeated

candidates and their immediate friends, but were participated in by

Reformers generally. Some of them began to weigh the advantages and

disadvantages of removal from the Province. Others, after the first

effervescence of disappointment had expended itself, determined to

endure in patience and to hope for the best. A comparatively small

number, yielding to the influence of mingled despair and exasperation,

began to contemplate armed resistance to authority as among the

possibilities of the near future. Constitutional resistance, they

thought, had had a fair trial. Might it not be worth while to try a more

drastic remedy?

Conspicuous among the personages who were strongly influenced by such

thoughts as those last indicated was William Lyon Mackenzie, who, as

previously mentioned, had lost his election in the Second Riding of

York. It might have been supposed that if any constituency in the

Province was beyond the reach of Tory influence, the Second Riding was

entitled to that distinction. It was notoriously the most Radical

constituency in the colony. It had stood loyally by Mackenzie all

through the troubled epoch of the successive expulsions. Yet it had now

thrown him overboard on behalf of a political nobody. The explanation is

to be found in the fact that the Riding had been the scene of some of

the moat scandalous abuses committed during the campaign. The Tories had

resolved that Mackenzie should be defeated at any cost, and had resorted

to the most reprehensible means to secure that end. To elect a professed

Tory would have been an impossibility, so the person fixed upon to

oppose him was one whom the author of "Middlemarch" might have had in

her eye when she described Sir James Chettam as "a man of acquiescent

temper, miscellaneous opinions and uncertain vote."[258] His name was

Edward William Thomson, and he professed to be a moderate Reformer. His

moderation was acceptable to a considerable proportion of the electors,

many of whom were tired of Mackenzie. The official party, however, did

not choose to rely upon legitimate means for defeating the Radical

candidate. Money was spent freely, and brawny bullies were hired for

purposes of intimidation. Good votes were rejected on one side, and bad

ones accepted on the other. Patents were sent down to the polling place,

certain recipients whereof voted for Thomson. Sheriff Jarvis attended,

and by his language and demeanour did what he could to discourage

Mackenzie's supporters. Not a stone was left unturned to effect the

desired object. Such means as Mackenzie had at his command were

altogether insufficient to counteract the devices employed against him.

He was beaten, and by a majority of a hundred votes.

This result took Mackenzie completely by surprise. It came upon him in

the form of a revelation. He had not permitted himself to entertain any

doubt of his success, and the conviction that he had lost his

popularity cut him to his inmost soul. He retired to the house of one of

his supporters in the neighbourhood, where he completely broke down, and

wept with a bitterness which evoked the active sympathy of those

present. But this mood did not last. It was succeeded by a sullenness

and stolidity such as had never before been observed in him. He knew

that he had been beaten unfairly, and resolved to petition against the

election. Meanwhile his rage against the party which had been concerned

in his defeat was ungovernable, and must have vent. He resolved that he

must again have control of a newspaper. He accordingly established _The

Constitution_, a weekly paper, the first number of which made its

appearance in Toronto on the sixtieth anniversary of the Declaration of

Independence of the United States--namely, the 4th of July, 1836. Its

tone was such as might have been anticipated from the mood of its

editor. It was more outspoken than the _Advocate_ had ever been under

his management, and might from the first have been styled a

revolutionary organ. In its columns every phase of discontent found

utterance, and some of its editorial articles were marked by a spirit of

bitterness and implacability such as had not commonly been supposed to

belong to Mackenzie's nature. Means would doubtless have been taken for

its suppression, had not the Government felt that they had achieved a

signal triumph, and that they could afford to ignore its attacks.

Many others of the Radicals felt little less rancour towards the

Government party than did Mackenzie. Indeed, the conduct of the party in

power had been such as to make temporary Radicals of not a few persons

who had theretofore been known as moderate Reformers. It may be said

indeed that nearly all the moderates had either made common cause with

the Government party for fear of the Radicals, or had coalesced with the

Radicals from a sense of official tyranny and injustice. Public meetings

were held, at which the Lieutenant-Governor and his myrmidons were

subjected to the most vehement denunciations. At a meeting of the

Constitutional Reform Society Dr. Baldwin, George Ridout, James E. Small

and others referred to his Excellency's conduct in terms which public

audiences had never before heard from their lips. An official address

issued by the Society on the subject of the resignation of the

Executive Councillors also contained some severe but well-merited

strictures. The Lieutenant-Governor marked his condemnation of the

language employed by promptly dismissing the three gentlemen above named

from certain offices which they held.[259] As will hereafter be seen,

this proceeding eventually led to serious complications between the Home

Office and Sir Francis. Meantime, the latter was permitted to have his

own way, but not without stubborn attempts at resistance on the part of

some of his opponents. A number of the most pronounced Radicals resolved

to make a strong representation of election and other abuses to the

British House of Commons, and to that end sent Dr. Charles Duncombe to

England. Dr. Duncombe had been re-elected for Oxford, but had had to

contend against similar influences to those which had been employed in

other constituencies, and was thus able to speak of the partisan conduct

of the Lieutenant-Governor's emissaries from personal observation. He

prepared a statement of the case against Sir Francis, which was laid

before the House of Commons by Mr. Hume. The Colonial Secretary

despatched a copy of it to Sir Francis for explanations. It is unlikely

that Dr. Duncombe's mission would have been a successful one under any

circumstances, but he made the mistake of protesting too much. The

greater part of the indictment could easily have been substantiated

before any impartial tribunal, but it also contained charges which,

whether true or not, the prosecutor was unable to prove. As mentioned on

a former page[260], the matter was referred to a Committee of the

Provincial Assembly, by whom the Lieutenant-Governor was completely

exonerated. A further reference to the matter will be made in connection

with the proceedings of the following session.

The Lieutenant-Governor was meanwhile engaged in a voluminous

correspondence with the Colonial Secretary. The subjects dealt with

therein were many and various. Perhaps the most important of all was

the Lower Canadian Commission of Inquiry. The Commissioners had made a

report in which they had recommended the concession of Responsible

Government, and other much-needed Reforms. As previously mentioned, Sir

Francis had no sympathy with these views, and distinctly repudiated the

policy thus recommended. The idea of a responsible Executive was utterly

repugnant to him. He erelong perceived that the Imperial Government

would sooner or later yield to the imperative demand made on behalf of

the different British North American colonies, but he determined to

fight against it as long as opposition was possible, and his despatches

teem with what he doubtless regarded as arguments on the negative side.

He predicted the most serious results if the policy of the Commissioners

was adopted. The language of the Ninety-two resolutions of the Lower

Canada Assembly he pronounced to be not only insulting to the British

Government, but traitorous. He proposed various measures for

establishing the power of the Crown in the Canadas on a firm basis.

Among these were the repeal of the Act surrendering the revenue, the

annexation of the District of Gaspe to the Province of New Brunswick,

and the annexation of Montreal to Upper Canada. It may safely be assumed

that these ideas were not his own, and nobody who has read "Canada and

the Canada Bill,"[261] published several years later, will entertain

much doubt as to the individual from whom he derived his inspiration.

FOOTNOTES:

[236] Sir Francis afterwards denied that this challenge was addressed to

the Americans. See his despatch to Lord Glenelg dated 6th November,

1836, embodied in his _Narrative_, chap, vi. But it is quite evident

that the denial, as well as the construction there sought to be put upon

his language, was an after-thought. If, as he there asserts, "the

Americans had no more to do with the subject than the Chinese," there

was no appropriate significance whatever in his doughty defiance.

[237] See despatch of May 28th.

[238] See despatch of 21st April.

[239] _Ib._

[240] _Ib._

[241] Despatch of May 28th.

[242] Of April 28th.

[243] _Ante_, p. 281.

[244] See Dr. Rolph's _Speech to the House in Committee on the Report of

the Select Committee on the Petition of Dr. Charles Duncombe to the

British House of Commons_, delivered on Monday, January 30th, 1837.

[245] It was afterwards urged by Sir Francis that his replies to

addresses were made before, and not during the election. The plea will

not bear a moment's examination. The mischief was done by the

inflammatory and menacing tone of the replies, and the mere question of

the time of their delivery in of no importance whatever. An English

writer thus effectually disposes of this attempted defence: "Surely he

[Sir F. B. Head] must have some glimmering perception that this is not a

question of time, and that, if promises or threats are addressed to the

electoral body with regard to their exercise of the electoral franchise,

it is a matter of no importance whether this is done before or at the

time of the election. Illogical as he has proved himself, we cannot

suppose him to be so utterly destitute of the reasoning faculty as a

sincerity in this defence would imply; and we must therefore believe

that he knows the charge to be well founded, and has recourse to this

shuffling evasion in pure despair."--See _London and Westminster

Review_, vol. xxxii., No. 2, article vi.

[246] During the contest people on the hustings actually demanded of the

candidates: "Do you vote for the House of Assembly or for Sir Francis

Head?"--a question which, as Sir Francis himself remarks, amounted in

plain terms to this: "Are you for a republican government, or are you

not?"--See _Memorandum on the Present Political State of the Canadas_,

in _Narrative_, chap. vi.

[247] Lord Durham, reasoning from such evidence as he had before him,

proceeds upon the assumption that no patents were issued except to

persons entitled to the land. But, as his Lordship admits, the granting

of patents at all under such circumstances was an act of official

favouritism which no Lieutenant-Governor with a proper sense of his duty

would have permitted. See _Report_, U.C. folio edition, p. 51.

[248] This was at Streetsville, while the contest for the Second Riding

of York was in progress between William Lyon Mackenzie and Edward

William Thomson.

[249] See his speech in the Assembly on January 30th, 1837.

[250] From official returns it appears that 1,478 patents passed the

Great Seal between the 20th of April (the date of the prorogation) and

the close of the contest in June. Of this number 1,245 were issued in

pursuance of Orders in Council made prior to Sir Francis Head's arrival

in the Province. Between his arrival and the close of the election 233

were issued, whereof only 150 were issued under Order in Council on his

authority. But that the entire 1,478 were passed under Sir Francis's

regime within a very brief period; that a special staff of clerks was

employed for the purpose; that for the first time in the history of the

Province these patents were distributed at the polling-booths by

Government agents who were strong adherents of the official party, and

who were moreover dependent upon the Government for their

situations--these are circumstances which admit of but one brief

explanation. The only one of these agents whom the Committee of Inquiry

ventured to summon before them was Mr. Welsley Richey, of Barrie, who,

on his examination, deposed that he mentioned to the Lieutenant-Governor

that the persons who wanted their deeds were entitled to them, and that

_he thought they would vote for Constitutional candidates_; that Sir F.

B. Head strictly commanded witness not in any manner to interfere as

Government agent, or to use any influence which his situation gave him

at the election; that out of a number not exceeding 130 patents which

persons residing in the County of Simcoe were entitled to, and which

were in witness's possession for them, only about thirty were called

for, and only part of that thirty voted. This is mere petty evasion. As

pointed out in the text, the extent to which such tactics as these

affected the result is not the chief question to be decided. The mere

fact that they were employed is sufficient to settle the question of

culpability. Richey was directed not to interfere with the elections as

_Government agent_. How was it possible for an official known to be

connected with the Government to divest himself of the influence

inseparable from such a connection, more especially when his strong

political bias was well known, and when he presented himself at the poll

as a distributor of deeds among the voters? The mere fact of a

conference on such a subject between the head of the Government and a

subordinate is in itself a suspicious circumstance.

[251] In Lord Goderich's despatch to Sir John Colborne, dated 8th

November, 1832, referred to _ante_, p. 246, the following language is

employed: "His Majesty expects and requires of you neither to practise,

nor to allow on the part of those who are officially subordinate to you,

any interference with the rights of his subjects to the free and

unbiased choice of their representatives;" and, as previously

mentioned, Lord Glenelg had expressly instructed Sir Francis Head to

adopt that despatch as a rule for the guidance of his conduct. See

_ante_, p. 301.

[252] _Ante_, p. 272.

[253] Sir Francis Hincks, who, as previously mentioned in the text, then

resided in Toronto, and was identified with the Reform party, has, in

his _Reminiscences_, recorded his views on this subject, and as they are

founded upon personal experience and recollection they are worth

quoting. "Bearing in mind," he writes, "that there are exceptions to all

general rules, I think that I am not wrong in my belief that the members

of the Church of England and the Presbyterians generally voted for the

Tory candidates, while the Roman Catholics and the Baptists,

Congregationalists, etc., voted as uniformly for the Reformers. The

Wesleyan Methodists held the balance of power in a great many

constituencies, and I believe that it has been generally acknowledged

that the elections in 1836 were carried against the Reformers by their

votes." Again: "I believe that I am correct in asserting that Sir

Francis Head carried the elections in 1836 against the Reformers mainly

through the influence of the Rev. Egerton Ryerson, who, though

absent from Canada at the time, had, by his published impressions,

induced those who confided in him to abandon the Reform

cause."--_Reminiscences_, etc., pp. 17, 18.

[254] U.C. folio edition, p, 49.

[255] The House contained in all only sixty-two members, so that a

majority of twenty-five constituted what might be called absolute

control. The actual majority was twenty-six, as there were but eighteen

Reform representatives as against forty-four supporters of the

Government.

[256] See his despatch of 1st June.

[257] _Ib._

[258] This language aptly characterizes Mr. Thomson, for afterwards, in

the Assembly, it was impossible to predict how he would vote on any

conceivable question. His "Reform" principles must have been very

"moderate," for he frequently supported the measures of the Compact. His

votes seem to have been dictated by chance or caprice, rather than

political conviction of any kind.

[259] Dr. Baldwin was Judge of the Surrogate Court of the Home

District. His dismissal was probably due quite as much to the fact

that he was President of the Society as to his remarks about the

Lieutenant-Governor, or to the official address. Mr. Ridout was Judge of

the Niagara District Court, Justice of the Peace, and Colonel of the

Second Regiment of East York Militia. He was dismissed from all three

offices, although he was not a member of the Reform Society. Mr. Small

was Commissioner of the Court of Requests in Toronto, and also

Lieutenant-Colonel of the First East York Militia.

[260] _Ante_, p. 330.

[261] Written by Chief Justice Robinson, in opposition to the project

for uniting the two Provinces of Upper and Lower Canada.

The Story of the Upper Canadian Rebellion, Volume 1 · 第 16 / 18 章