The Constitutional Act of 1791, which created the two provinces of Upper

and Lower Canada, caused much discussion in the British Parliament and in

Canada, where the principal opposition came from the English inhabitants

of the French province. These opponents of the act even sent Mr. Adam

{304} Lymburner, a Quebec merchant of high standing, to express their

opinions at the bar of the English House of Commons. The advocates of

the new scheme of government, however, believed that the division of

Canada into two provinces would have the effect of creating harmony,

since the French would be left in the majority in one section, and the

British in the other. The Quebec Act, it was generally admitted, had not

promoted the prosperity or happiness of the people at large. Great

uncertainty still existed as to the laws actually in force under the act.

In not a few cases the judges were confessedly ignorant--Chief Justice

Livius, for instance--of French Canadian jurisprudence. The increase of

the English population was a strong argument for a grant of

representative institutions. Accordingly the constitutional act provided

for an assembly, elected by the people on a limited franchise, in each

province, and for a legislative council, appointed by the Crown. The

sovereign might annex hereditary letters of honour to the right of

summons to the legislative council, but no attempt was ever made to

create a Canadian aristocracy, or distinct class, under the authority of

this section of the act. The British Government reserved the right of

imposing, levying, and collecting duties of customs, and of appointing or

directing their payment, though it left the exclusive apportionment of

all moneys levied in this way to legislature. The free exercise of the

Roman Catholic religion was permanently guaranteed. A seventh part of

all uncleared Crown lands was reserved for the use of the Protestant

clergy--a {305} provision that caused much trouble in the future. The

civil law of French Canada was to regulate property and civil rights in

that province. English criminal law was to prevail in both the Canadas.

The Governor-General of Quebec and Lieutenant-Governor of Upper Canada

were each assisted by an executive council chosen by those functionaries,

and having a right to sit also in the legislative council. Lord

Dorchester was the first governor-general, not only of Canada, but

likewise of the other provinces by virtue of separate commissions to that

effect. The heads of the executive in all the provinces except Quebec

were called lieutenant-governors, but they became only directly

subordinate to the governor-general when he was present in a province in

his official capacity.

The city where the first assembly of Lower Canada met in 1792 was one of

great historic interest. The very buildings in which the government

transacted its business had echoed to the tread of statesmen, warriors,

and priests of the old régime. The civil and military branches of the

government then occupied apartments in the old Château St. Louis,

elevated on the brink of an inaccessible precipice. On a rocky eminence,

in the vicinity of a battery close to Prescott Gate, erected in 1797, was

an old stone building, generally known as the Bishop's Palace. Like all

the ancient structures of Quebec, this building had no claims to elegance

of form, although much labour and expense had been bestowed on its

construction. The chapel of this building, situated near the

communication with the lower {306} town, was converted into a chamber, in

which were held the first meetings of the representatives of Lower Canada.

On the 17th of December, the two houses assembled in their respective

chambers in the old palace, in obedience to the proclamation of

Major-General Alured Clarke, who acted as lieutenant-governor in the

absence of the governor-general, Lord Dorchester. Among the officers who

surrounded the throne on that occasion, was probably his Royal Highness

the Duke of Kent, who was in command of the 7th Royal Fusiliers, then

stationed in the old capital. On so momentous an occasion, the

assemblage was large, and comprised all the notabilities of English and

French society. In the legislature were not a few men whose families had

long been associated with the fortunes of the colony. Chaussegros de

Léry, St. Ours, Longueuil, Lanaudière, Rouville, Boucherville, Salaberry,

and Lotbinière, were among the names that told of the old régime, and

gave a guaranty to the French Canadians that their race and institutions

were at last protected in the legislative halls of their country. M.

Panet, a distinguished French Canadian, was unanimously elected the

speaker of the first assembly of French Canada.

[Illustration: Prescott Gate and Bishop's palace at Quebec in 1830.]

Now let us leave the Bishop's Palace, among the rocks of old Quebec, and

visit the humble village of Newark, where Lieutenant-Governor Simcoe

opened his first legislature under the new constitution in the autumn of

1792. Across the rapid river was the territory of the Republic, which

was engaged in a grand experiment of government. The roar of the {308}

mighty cataract of Niagara could be heard in calm summer days. On the

banks of this picturesque river was the residence of the

lieutenant-governor, known as Navy Hall, where the legislators of Upper

Canada probably met. This was but a mean parliament house, compared with

the massive pile which was chosen for a similar purpose in Quebec; and

yet each was appropriate in its way. The Bishop's Palace illustrated an

old community, which had aimed at the conquest of the larger part of

America, and had actually laid the foundations of an empire; the

legislative cabin of Newark was a fit type of the ruggedness and newness

of western colonial life. The axe was whirring amid the forests, and

only here and there, through a vast wilderness, could be seen the humble

clearings of the pioneers.

The session was opened with the usual speech, which was duly reported to

the house of assembly by the speaker, Mr. McDonnell of Glengarry, and

immediately taken into consideration by the representatives of the

yeomanry of the western province. It is said that on more than one

occasion, the representatives were forced to leave their confined chamber

and finish their work under the trees before the door. If the attendance

was small on this occasion, it must be remembered that there were many

difficulties to overcome before the two Houses could assemble in

obedience to the governor's proclamation. The seven legislative

councillors and sixteen members who represented a population of only

25,000 souls, were scattered at very remote points, {309} and could only

find their way at times in canoes and slow sailing craft. Nor must it be

forgotten that in those early days of colonisation men had the stern

necessities of existence to consider before all things else. However

urgent the call to public duty, the harvest must be gathered in before

laws could be made.

Such were the circumstances under which the legislatures were opened in

the two provinces, representing the two distinct races of the population.

Humble as were the beginnings in the little parliament house of Newark,

yet we can see from their proceedings that the men, then called to do the

public business, were of practical habits and fully alive to the value of

time in a new country, as they sat for only five weeks and passed the

same number of bills that it took seven months at Quebec to pass.

The history of Canada, during the twenty years that elapsed between the

inauguration of the constitution of 1792 and the war of 1812, does not

require any extended space in this work. Lieutenant-Governor Simcoe, who

had distinguished himself during the war for independence as a commander

of the Queen's Rangers, was a skilful and able administrator, who did his

best to develop the country. It was during his régime that Toronto,

under the name of York, was chosen, by the influence of Lord Dorchester,

as the capital in place of Newark, which was too close to the American

frontier, although the Lieutenant-Governor would have preferred the site

of the present city of London, on the River {310} Thames, then known as

La Tranche. Mainly through his efforts a considerable immigration was

attracted from the United States. Many of the new settlers were loyal

and favourable to British institutions, but in the course of time there

came into the country not a few discontented, restless persons, having

radical and republican tendencies. Among the important measures of his

administration was an act preventing the future introduction of slaves,

and providing for the freedom of children of slaves then in the province.

Governor Simcoe devoted his energy not only to the peopling of the

province, but to the opening up of arteries of communication, of which

Yonge and Dundas Streets--still well-known names--were the most noted.

The founder of an important settlement in the west, an eccentric Irishman

of noble ancestry, Colonel Thomas Talbot, was a member of the

Lieutenant-Governor's staff, and eventually made his home in the western

part of the province, where he became a useful and influential pioneer.

Among the most desirable immigrants were the Scotch Highlanders, who

settled and named the county of Glengarry, and came to the country by the

advice of the energetic and able priest, Macdonell, afterwards the first

Roman Catholic bishop of Upper Canada. In Nova Scotia a number of Scotch

settled in Pictou county as early as 1773, and were followed in later

years by many others who found homes in the same district, in Antigonishe

and Cape Breton, where their descendants are still greatly in the

majority. In Prince Edward Island, Lord Selkirk, the founder of the

{311} Red River settlement, to whose history I shall refer in a later

chapter, established a colony of thrifty Scotch in one of the deserted

settlements of the French. Charlottetown was founded in those days on

the bay first known as Port La Joye, and is now a pleasing example of the

placid dignity and rural tranquillity that a capital may attain even in

these restless modern times. In this island, the seeds of {312}

discontent were planted at a very early time by the transfer of nearly

all its lands in one day by ballot to a few English landlords, whose

absenteeism long retarded its advancement, and whose claims of

proprietorship were not settled until after the confederation of the

provinces.

[Illustration: Lieutenant-General Simcoe.]

The political condition of the provinces from the beginning of the

nineteenth century began to assume considerable importance according as

the assemblies became discontented with their relatively small share in

the government of the country. In all the provinces there was a

persistent contest between the popular assemblies and prerogative, as

represented by the governors, and upper houses appointed by the same

authority. Charles the First, with all his arrogance, never treated his

parliament with greater superciliousness than did Sir James Craig, when

governor-general, on more than one occasion when the assembly had crossed

his wishes. In the absence of a ministry responsible to the assembly, a

conflict was always going on between that body and the representative of

the Crown. The assembly began now to claim full control over the taxes

and revenues which belonged to the people of the provinces. The presence

of judges in the legislature was a just cause for public discontent for

years, and although these high functionaries were eventually removed from

the assembly they continued to sit in the upper house until 1840. The

constant interference of the Imperial Government in matters of purely

local concern also led to many unfortunate misunderstandings.

{313}

In Lower Canada, where the population was the largest, and the racial

distinctions strongly accentuated, the political conflict was, from the

outset, more bitter than in other sections. The official class, a little

oligarchy composed exclusively of persons brought from the British Isles,

treated the French Canadians with a studied superciliousness, and

arrogated to themselves all the important functions of government. This

element dominated the executive and legislative councils, and practically

the governors, who, generally speaking, had extreme views of their

prerogative, and were cognisant of the fact that the colonial office in

England had no desire to entrust the Canadian Government with much larger

powers than those possessed by a municipal organisation. In the assembly

the French Canadians were largely in the majority--the English element

had frequently not more than one-fifth of the total representation of

fifty members. The assembly too often exhibited a very domineering

spirit, and attempted to punish all those who ventured to criticise,

however moderately, their proceedings. The editor of the _Quebec

Mercury_, an organ of the British minority, was arrested on this ground.

_Le Canadien_ was established as an organ of the French Canadian majority

with the motto, _Nos institutions, notre langue, et nos lois_. By its

constant attacks on the government and the English governing class it did

much harm by creating and perpetuating racial antagonisms and by

eventually precipitating civil strife. As a result of its attacks on the

government, the paper was seized, and the printer, as well as {314} M.

Bedard and several other members of the assembly who were understood to

be contributors to its pages, or to control its opinions, were summarily

arrested by the orders of Sir James Craig. Though some of these persons

obtained their release by an expression of regret for their conduct, M.

Bedard would not yield, and was not released until the Governor-General

himself gave up the fight and retired to England where he died soon

afterwards, with the consciousness that his conduct with respect to

Bedard, and other members of the assembly, had not met with the approval

of the Imperial authorities, although he had placed the whole case before

them by the able agency of Mr. Ryland, who had been secretary for years

to successive governors-general, and represented the opinions of the

ruling official class.

In Upper Canada there were no national or racial antipathies and

rivalries to stimulate political differences. In the course of time,

however, antagonisms grew up between the Tories, chiefly old U. E.

Loyalists, the official class, and the restless, radical element, which

had more recently come into the country, and now desired to exercise

political influence. Lieutenant-governors, like Sir Francis Gore,

sympathised with the official class, and often with reason, as the

so-called radical leaders were not always deserving of the sympathy of

reasonable men. One of these leaders was Joseph Willcocks, for some time

sheriff of the Home district--one of the four judicial divisions of the

province--and also the proprietor and editor of the _Upper Canada

Guardian_, {315} the second paper printed in Upper Canada--the first

having been the _Upper Canada Gazette_, or the _American Oracle_, which

appeared at Newark on the 18th April, 1793. He was a dangerous agitator,

not worthy of public confidence, but he was able to evoke some sympathy,

and pose as a political martyr, on account of the ill-advised conduct of

the majority of the assembly ordering his arrest for expressing some

unfavourable opinion of their proceedings in his paper.

In the maritime provinces the conflict between the executive and the

assemblies was less aggravated than in the St. Lawrence country, although

Sir John Wentworth, the Lieutenant-Governor of Nova Scotia, who had been

a governor of New Hampshire before the revolution, had a very exalted

idea of the prerogative, and succeeded in having an acrimonious

controversy with Mr. Cottnam Tonge, the leader of the popular party, and

the predecessor of a far greater man, Joseph Howe, the father of

responsible government.

Such, briefly, was the political condition of the several provinces of

British North America when events occurred to stifle discontent and

develop a broader patriotism on all sides. The War of 1812 was to prove

the fidelity of the Canadian people to the British Crown and stimulate a

new spirit of self-reliance among French as well as English Canadians,

who were to win victories which are among the most brilliant episodes of

Canadian history.

{316}

XXIII.

THE WAR OF 1812-1815--PATRIOTISM OF THE CANADIANS.

At the outbreak of the unfortunate War of 1812 the United States

embraced an immense territory extending from the St. Lawrence valley to

Mexico, excepting Florida--which remained in the possession of Spain

until 1819--and from the Atlantic indefinitely westward to the Spanish

possessions on the Pacific coast, afterwards acquired by the United

States. The total population of the Union was upwards of eight million

souls, of whom a million and a half were negro slaves in the south.

Large wastes of wild land lay between the Canadian settlements and the

thickly populated sections of New England, New York, and Ohio. It was

only with great difficulty and expense that men, munitions of war, and

provisions could be brought to the frontier during the contest.

The principal causes of the war are quite intelligible to the

historical student. Great Britain was engaged in a great conflict not

only for her own national security but also for the integrity of {317}

Europe, then dominated by the insatiable ambition of Bonaparte. It was

on the sea that her strength mainly lay. To ensure her maritime

supremacy, she found it necessary, in the course of events, to seize

and condemn neutral American vessels whenever there was conclusive

evidence that their cargoes were not the produce of the United States,

but had been actually bought in an enemy's colony and were on their way

to the mother country. But such an interruption of a commerce, which

had been carried on for years at a great profit by American merchants,

was by no means so serious an affair as the stoppage of American

vessels on the high seas, and the forcible abduction and impressment,

by British naval officers, of sailors who were claimed as British

subjects, even when they had been naturalised in the United States. To

such an extent did Great Britain assert her pretensions, that one of

her frigates, the _Leopard_, actually fired into the American cruiser

_Chesapeake_, off the coast of the bay of the same name, and made

prisoners of several men who were claimed as deserters from an English

man-of-war--a national outrage for which Great Britain subsequently

made an apology and gave a measure of reparation. Then came the

British orders in council which forbade American trade with any country

from which the British flag was excluded, allowed direct trade from the

United States to Sweden only in American products, and permitted

American trade with other parts of Europe only on condition of touching

at English ports and paying duties. Napoleon retaliated with decrees

which {318} were practically futile while England was victorious on the

ocean, but which nevertheless threw additional difficulties in the way

of the commerce of a country like the United States, which possessed

such exceptional facilities for its development from its position as a

neutral nation, and its great maritime and mercantile enterprise. The

British measures meant the ruin of an American commerce which had

become very profitable, and the Washington government attempted to

retaliate by declaring an embargo in their own ports, which had only

the result of still further embarrassing American trade. In place of

this injudicious measure a system of non-intercourse with both England

and France was substituted as long as either should continue its

restrictive measures against the United States. The Democratic

governing party practically fell under the influence of France, and

believed, or at least professed to believe, that Napoleon had abandoned

his repressive system, when, as a matter of fact, as the English

ministry declared, it still existed to all intents and purposes. The

Democratic leaders, anxious to keep in power, fanned the flame against

England, whose naval superiority enabled her to inflict an injury on

American commercial interests, which France was entirely powerless to

do. The Democrats looked to the South and West for their principal

support in holding power. In these sections the interests were

exclusively agricultural, while in New England, where the

Federalists--the peace party--were in the majority--and the war was

very unpopular--the commercial and maritime {319} element largely

prevailed. In the West there had been for years an intense feeling

against England on account of the fact that after the definitive treaty

of peace in 1783, the English Government continued to occupy the

Western posts and dependent territory for thirteen years, nominally on

the ground of the harsh treatment meted out to the loyalists in

violation of its terms, and of the non-payment of debts due to English

creditors, but probably also with the view of keeping control of the

fur trade. The feeling prevailed among the western frontiersmen that

the English secretly instigated Indian attacks on the new settlements,

a belief proved by recent investigations to be groundless. Even after

the victories of Mayne in 1794, and of Harrison in 1811, when the

Indian power was effectively broken, this bitter sentiment still

existed in the West against English and Canadians, and had much

influence with the politicians who favoured the war.

The Southern leaders, Clay of Kentucky and Calhoun of South Carolina,

were most inimical to England, and succeeded in forcing Madison to

agree to a declaration of war, as a condition to his re-election to the

presidency. The consequence of this successful bargain was the passage

of a war measure by Congress as soon as Madison issued his message, and

the formal declaration of hostilities on the 18th of June, 1812. On

the previous day, England had actually repealed the obnoxious orders in

council, but it was too late to induce the war party in the United

States to recede and stop the progress of the forces, which were

already near the western {320} Canadian frontier when the

governor-general of Canada, Sir George Prevost, a military man, heard

the news of the actual declaration of hostilities.

With the causes of the War of 1812 the Canadian people had nothing

whatever to do; it was quite sufficient for them to know that it was

their duty to assist England with all their might and submit to any

sacrifices which the fortunes of war might necessarily bring to a

country which became the principal scene of conflict. Ontario, then

Upper Canada, with a population of about eighty thousand souls, was the

only province that really suffered from the war. From the beginning to

the end its soil was the scene of the principal battles, and a great

amount of valuable property destroyed by the invading forces. "On to

Canada" had been the cry of the war party in the United States for

years; and there was a general feeling that the upper province could be

easily taken and held until the close of the struggle, when it could be

used as a lever to bring England to satisfactory terms or else be

united to the Federal Union. The result of the war showed, however,

that the people of the United States had entirely mistaken the spirit

of Canadians, and that the small population scattered over a large

region--not more than four hundred thousand souls from Sydney to

Sandwich--was animated by a stern determination to remain faithful to

England.

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