The rebellion opened the eyes of the imperial government to the gravity

of the situation in Canada, and the result of Lord Durham's report was

the passage of an imperial act reuniting the provinces into one, with a

legislature of two houses. The constitutional act of 1791, which had

separated French and English, as far as possible, into two sections, was

clearly a failure. An effort was now to be made to amalgamate, if

possible, the two races. The two provinces were given an equal

representation in one legislature, and the French language was placed in

a position of inferiority, compared with English in parliamentary and

official {358} proceedings and documents. At the same time the British

Government recognised the necessity of giving a larger expansion of local

self-government.

[Illustration: Judge Haliburton ("Sam Slick").]

During the period of which I am writing Canada had given evidences of

material, social, and intellectual progress. With the close of the War

of 1812, and the downfall of Napoleon, large bodies of immigrants came

into the province and settled some of the finest districts of Upper and

Lower Canada. Scotch from the highlands and islands of Scotland

continued until 1820 to flock into Nova Scotia and other maritime

provinces. Although the immigration had been naturally stopped by the

troubles of 1836 and 1838, the population of Canada had increased to over

a million of souls, of whom at least four hundred and fifty thousand were

French Canadians. The Rideau, Lachine, and Welland Canals date from this

period, and were the commencement of that noble system of artificial

waterways that have, in the course of time, enabled large steamers to

come all the way from Lake Superior to tide-water.[1] In 1833 the _Royal

William_, entirely propelled by steam, crossed the ocean--the pioneer in

ocean steam navigation. A few years later Samuel Cunard, a native Nova

Scotian, established the line that has become so famous in the world's

maritime history. In Lower Canada the higher education was confined to

the Quebec Seminary, and a few colleges and institutions, under the

direction of the {359} Roman Catholic clergy and communities. Among the

habitants generally there were no schools, and the great majority could

neither read nor write. In Upper Canada high schools for the education

of the upper classes were established at a very early day, and the

Cornwall Grammar School, under the superintendence of Dr. John Strahan,

for some years was {360} the resort of the provincial aristocracy. Upper

Canada College dates from these early times. But in 1838 there were only

twenty-four thousand children at school out of a total population of four

hundred thousand. In the maritime provinces things were not much better,

but in Nova Scotia the foundation of King's,--the oldest university in

Canada--Dalhousie, and Acadia Colleges, as well as Pictou Academy, shows

the deep interest that was taken in higher education. In all the

provinces there was an active and even able newspaper press, although its

columns were too much disfigured by invective and personalities. In 1836

there were at least forty papers printed in Upper Canada alone. The

names of Cary, Neilson, Mackenzie, Parent, Howe, and Young are among the

names of eminent journalists. It was only in the press, in the pulpit,

at the bar, and in the legislature that we can look for evidences of

intellectual development. The only original literary works of importance

were those of Judge Haliburton, who had already given us the clever,

humorous creation of "Sam Slick," and also written an excellent history

of Nova Scotia. In the happy and more prosperous times that followed the

union of 1840, and the establishment of political liberty, intellectual

development kept pace with the progress of the country in wealth and

population.

[1] Governor Haldimand first established several small canals between

Lakes Saint Louis and Saint Francis, which were used for some years.

{361}

XXV.

RESPONSIBLE GOVERNMENT AND ITS RESULTS--FEDERAL

UNION--RELATIONS BETWEEN CANADA

AND THE UNITED STATES.

(1839-1867.)

The passage of the Union Act of 1840 was the commencement of a new era

in the constitutional history of Canada as well as of the other

provinces. The most valuable result was the admission of the

all-important principle that the ministry advising the governor should

possess the confidence of the representatives of the people assembled

in parliament. Lord Durham, in his report, had pointed out most

forcibly the injurious consequences of the very opposite system which

had so long prevailed in the provinces. His views had such influence

on the minds of the statesmen then at the head of imperial affairs,

that Mr. Poulett Thomson, when appointed governor-general, received her

Majesty's commands to administer the government of the united provinces

"in accordance with the well-understood wishes and interests of the

people," and to employ in the {362} public service only "those persons

who, by their position and character, have obtained the general

confidence and esteem of the inhabitants of the province." During the

first session of the Canadian legislature the assembly passed certain

resolutions which authoritatively expressed the views of the supporters

of responsible government.

[Illustration: Joseph Howe in 1865]

Nevertheless, during the six years that elapsed after the passage of

this formal expression of the views of the large majority of the

legislature, "Responsible Government" did not always obtain in the

fullest sense of the phrase, and not a few misunderstandings arose

between the governors and the supporters of the principle as to the

manner in which it should be worked out. In Canada Lord Metcalfe, who

succeeded Baron Sydenham--the title of Mr. Poulett Thomson--on his

sudden death at Kingston in 1841, brought about a political crisis in

consequence of his contention for the privilege--utterly inconsistent

with the principles of responsible government--of making appointments

to office without the advice of his council. In Nova Scotia Sir Colin

Campbell, who was more suited to the military camp than to the

political arena, endeavoured to throw obstacles in the way of the new

system, but he was soon recalled. His successor, Lord Falkland, a vain

nobleman, was an unhappy choice of the colonial office. He became the

mere creature of the Tory party, led by James W. Johnston, a very able

lawyer and eloquent speaker, and the open enemy of the liberals led by

Joseph Howe, William Young, James Boyle Uniacke, and Herbert {363}

Huntington. The imperial government recognised their mistake, and

replaced Lord Falkland by Sir John Harvey, the hero of Stoney Creek in

1813, who had done much to establish parliamentary government in New

Brunswick. In 1847 Lord Elgin--the son-in-law of Lord Durham--was

appointed governor-general, and received positive instructions "to act

generally upon the advice of {364} his executive council, and to

receive as members of that body those persons who might be pointed out

to him as entitled to do so by their possessing the confidence of the

assembly." No act of parliament was necessary to effect this important

change; the insertion and alteration of a few paragraphs in the

Governor's instructions were sufficient. By 1848 the provinces of

Canada, Nova Scotia, and New Brunswick, and by 1851 Prince Edward

Island, were in the full enjoyment of a system of self-government,

which had been so long advocated by their ablest public men; and the

results have proved, on the whole, despite the excesses and mistakes of

party, eminently favourable to political as well as material

development.

[Illustration: Robert Baldwin.]

In the historic annals of the great contest that was fought for

responsible government, some names stand out most prominently.

Foremost is that of Joseph Howe, the eminent Liberal, whose eloquence

charmed the people of Nova Scotia for many years. In his early life he

was a printer and an editor, but he became a leader of his party soon

after he entered the legislature, and died a lieutenant-governor of his

native province. In New Brunswick, Lemuel A. Wilmot, afterwards a

judge and lieutenant-governor, was a man of much energy, persuasive

eloquence, and varied learning. Robert Baldwin, of Upper Canada, was a

statesman of great discretion, who showed the people how their

liberties could be best promoted by wise and constitutional agitation.

Louis Hyppolite Lafontaine was one of the most distinguished and

capable men that French Canada has {365} ever given to the legislature

and the bench. By his political alliance with Mr. Baldwin, the

principles of responsible government were placed on a durable basis.

In the parent state the names of Lord John Russell, Mr. Gladstone, and

Earl Grey--colonial secretaries from 1839 to 1852--are especially

associated with the concession of those great principles which have

enlarged the sphere of self-government in the colonies of the English

Crown.

{366}

During the quarter of a century that elapsed from 1842 to 1867--the

crucial period of national development--an industrious population

flowed steadily into the country, the original population became more

self-reliant and pursued their vocations with renewed energy, and

confidence increased on all sides in the ability of the provinces to

hold their own against the competition of a wonderfully enterprising

neighbour. Cities, towns, and villages were built up with a rapidity

not exceeded even on the other side of the border. In those days

Ontario became the noble province that she now is by virtue of the

capacity of her people for self-government, the energy of her

industrial classes, the fertility of her soil, and the superiority of

her climate. The maritime industry of the lower provinces was

developed most encouragingly, and Nova Scotia built up a commercial

marine not equalled by that of any New England State. The total

population of the provinces of British North America, now comprised

within the confederation of 1867, had increased from a million and a

half in 1840 to three millions and a quarter in 1861--the ratio of

increase in those years having been greater than at any previous or

later period of Canadian history. It was during this period that the

Grand Trunk Railway, which has done so much to assist the material

progress of the old province of Canada, was constructed. In 1850 there

were only fifty miles of railway in operation throughout Canada, but by

1867 there were nearly three thousand miles, and that magnificent

example of engineering skill, the Victoria Bridge, carried passengers

across {367} the St. Lawrence at Montreal, and connected Canada with

the great railway system of the United States. With railway

development must always be associated the name of Sir Francis Hincks,

an able statesman of the Liberal party, who recognised the necessities

of a new country.

So far from the act of 1840, which united the Canadas, acting

unfavourably to the French Canadian people it gave them eventually a

predominance in the councils of the country. French soon again became

the official language by an amendment to the union act, and the claims

providing for equality of representation proved a security when the

upper province increased more largely in population than the French

Canadian section. The particular measure which the French Canadians

had pressed for so many years on the British Government, an elective

legislative council, was conceded. When a few years had passed the

Canadian legislature was given full control of taxation, supply, and

expenditure, in accordance with English constitutional principles. The

clergy reserves difficulty was settled and the land sold for public or

municipal purposes, the interest of existing rectors and incumbents

being guarded. The great land question of Canada, the seigniorial

tenure of Lower Canada, was disposed of by buying off the claims of the

seigniors, and the people of Lower Canada were freed from exactions

which had become not so much onerous as vexatious. Municipal

institutions of a liberal nature were established, and the people of

the two Canadian provinces exercised that control of their local

affairs in the {368} counties, townships, cities, and parishes which is

necessary to carry out public works indispensable to the comfort,

health, and convenience of the community, and to supplement the efforts

made by the legislature, from time to time, to provide for the general

education of the country. With the magnificent system of public

schools now possessed by Ontario must always be associated the name of

Dr. Egerton Ryerson, a famous Methodist, the opponent of Mackenzie's

seditious action, and for many years the superintendent of education.

In Nova Scotia it was chiefly through the foresight of Sir Charles

Tupper, when premier, that the foundations were laid of the present

admirable system. During the same period the schools of New Brunswick

and Prince Edward Island were also placed on an excellent basis. In

the maritime provinces no express legal provision was made for separate

or denominational schools, as in Upper and Lower Canada--schools now

protected by the terms of the federal union of 1867. The civil

service, which necessarily plays so important a part in the

administration of government, was placed on a permanent basis.

The anxiety of the British Government to bury in oblivion the

unfortunate events of 1837-38 was proved by an amnesty that was granted

soon after the union of 1841, to the banished offenders against the

public peace and the Crown. William Lyon Mackenzie, Louis Joseph

Papineau, and Wolfred Nelson came back and were elected to Parliament,

though the two first never exercised any influence in the future.

{369}

[Illustration: Sir Louis H. Lafontaine.]

Then occurred an event which had its origin in the rebellion, and in

the racial antagonism which was still slumbering in the bosom of the

State. In the first session of the Union Parliament, compensation was

granted to those loyalists of Upper Canada, whose property had been

unnecessarily or wantonly {370} destroyed during the outbreak. The

claim was then raised on behalf of persons similarly situated in Lower

Canada. The Conservative Draper government of 1845 agreed to pay a

small amount of rebellion losses as a sequence of a report made by

commissioners appointed to inquire into the subject. At a later time,

when Lord Elgin was governor-general, the Baldwin-Lafontaine ministry

brought down a measure to indemnify all those persons who had not taken

part in the rebellion, but were justly entitled to compensation for

actual losses. The Tory opposition raised the cry, "No pay to rebels,"

and some of them in their anger even issued a manifesto in favour of

annexation. The parliament house at Montreal was burned down, a great

number of books and records destroyed, and Lord Elgin grossly insulted

for having assented to the bill. This very discreditable episode in

the political history of Canada proved the extremes to which even men,

professing extreme loyalty, can be carried at times of political

passion and racial difficulty.

[Illustration: L. A. Wilmot.]

The union of 1841 did its work, and the political conditions of Canada

again demanded another radical change commensurate with the material

and political development of the country, and capable of removing the

difficulties that had arisen in the operation of the act of 1840. The

claims of Upper Canada to larger representation, equal to its increased

population since 1840, owing to the great immigration which had

naturally sought a rich and fertile province, were steadily resisted by

the French Canadians as an unwarrantable interference with the {371}

security guaranteed to them under the act. This resistance gave rise

to great irritation in Upper Canada, where a powerful party made

representation by population their platform, and government at last

became practically impossible on account of the {372} close political

divisions for years in the assembly. At the head of the party

demanding increased representation was Mr. George Brown, an able man of

Scotch birth, who became the conductor of a most influential organ of

public opinion, _The Toronto Globe_, and the leader of the "Grits," or

extreme wing of the Reformers or Liberals. In opposition to him were

allied Mr. George Etienne Cartier, once a follower of Papineau, but now

a loyal leader of his race, and Mr. John Alexander Macdonald, who had

occupied a prominent position for years as a Conservative leader.

The time had come for the accomplishment of a great change foreshadowed

by Lord Durham, Chief-Justice Sewell, Mr. Howe, Sir Alexander Gait, and

other public men of Canada: the union of the provinces of British North

America. The leaders of the different governments in Canada, and the

maritime provinces of Nova Scotia, New Brunswick, and Prince Edward

Island combined with the leaders of the opposition with the object of

carrying out this great measure. A convention of thirty-three

representative men[1] was held in the autumn of 1864 in {373} the

historic city of Quebec, and after a deliberation of several weeks the

result was the unanimous adoption of a set of seventy-two resolutions

embodying the terms and conditions on which the provinces through their

delegates agreed to a federal union. These resolutions had to be laid

before the various legislatures and adopted in the shape of addresses

to the Queen, whose sanction was necessary to embody the wishes of the

provinces in an imperial statute.

The consent of the legislature was considered sufficient by the

governments of all the provinces except one, though the question had

never been discussed at the polls. In New Brunswick alone was the

legislature dissolved on the issue, and it was only after a second

general election that the {374} legislature agreed to the union. In

Nova Scotia, after much discussion and feeling, the legislature passed

a resolution in favour of the measure, though a popular sentiment

continued to exist against the union for several years. In the

December of 1866 a second conference of delegates from the governments

of Canada, Nova Scotia, and New Brunswick, was held at the Westminster

Palace Hotel in London, and some modifications were made in the Quebec

resolutions, chiefly with a view of meeting objections from the

maritime provinces. In the early part of 1867 the imperial parliament,

without a division, passed the statute known as the "British North

America Act, 1867," which united in the first instance the province of

Canada, now divided into Ontario and Quebec, with Nova Scotia and New

Brunswick, and made provisions for the coming in of the other provinces

of Prince Edward Island, Newfoundland, British Columbia, and the

admission of Rupert's Land and the great Northwest.

From 1840 to 1867 the relations of Canada and the United States became

much closer, and more than once assumed a dangerous phase. In 1840 the

authorities of New York arrested one Macleod on the charge of having

murdered a man employed in the _Caroline_, when she was seized by the

loyalists during the outbreak of 1837. The matter gave rise to much

correspondence between the governments of Great Britain and the United

States, and to a great deal of irritation in Canada, but happily for

the peace of the two countries the courts acquitted Macleod, as the

evidence was clear he had {375} nothing to do with the seizure of the

vessel. In 1842 the question of the boundary between Maine and New

Brunswick was settled by what is generally known in Canada as "the

Ashburton Capitulation." As a result of the settlement made by Mr.

Daniel Webster on the part of the United States, and of Mr. Alexander

Baring, afterwards Lord Ashburton, on behalf of Great Britain, the

State of Maine now presses like a huge wedge into the provinces of New

Brunswick and Quebec, and a Canadian railway is obliged to pass over

American territory, which many Canadians still believe ought to be a

part of the Canadian Dominion. In 1846 Great Britain yielded to the

persistency of American statesmen, and agreed to accept the line 49

degrees to the Pacific coast, and the whole of Vancouver Island, which,

for a while, seemed on the point of following the fate of Oregon, and

becoming exclusively American territory. But the question of boundary

was not even then settled, as the Island of San Juan, which lies in the

channel between Vancouver and the mainland, and is mainly valuable as a

base of offensive and defensive operations in times of war, was, in

later years, handed over to the Republic as a result of its successful

diplomacy.

During this period the fishery question again assumed considerable

importance. American vessels were shut out from the waters of certain

colonial bays, in accordance with the convention of 1818, and a number

of them captured from time to time for the infringement of the law.

The United States Government attempted to raise issues which would

{376} limit Canadian rights, but all these questions were placed in

abeyance for twelve years by the Reciprocity Treaty of 1854, which

opened up the provincial fisheries to the people of the United States,

on condition of free trade between the provinces and that country in

certain natural products of the mines, fisheries, and farms of the two

peoples. This measure was in itself an acknowledgment of the growing

importance of the provinces, and of the larger measure of

self-government now accorded them. The treaty only became law with the

consent of the provincial legislatures; and, although the Canadian

governments were not directly represented by any of their members, the

governor-general, Lord Elgin, who personally conducted the negotiations

on the part of England at Washington, in this, as in all other matters

touching colonial interests, was assisted by the advice of his

responsible ministers. The treaty lasted until 1866, when it was

repealed by the action of the United States in accordance with the

provision bringing it to a conclusion after one year's notice from one

of the parties interested.

The commercial classes in the Eastern and Western States were, on the

whole, favourable to an enlargement of the treaty, so as to bring in

British Columbia and Vancouver Island, now colonies of the Crown, and

to include certain other articles the produce of both countries, but

the real cause of its repeal was the prejudice in the North against the

provinces for their supposed sympathy for the Confederate States during

the War of the Rebellion. A {377} large body of men in the North had

brought themselves foolishly to believe that the repeal of the treaty

would, sooner or later, force the provinces into annexation. A raid

made by a few rash Confederates who had found refuge in Canada, on the

St. Albans Bank, in the State of Vermont, deeply incensed the people of

the North, though at no time could it be proved that the Canadian

authorities had the least suspicion of the proposed expedition. On the

contrary, they brought the culprits to trial, placed companies of

volunteers along the frontier, and even paid a large sum of money in

acknowledgment of an alleged responsibility when some of the stolen

money was returned to the robbers on their release by a Montreal

magistrate. When we review the history of those times and consider the

difficult position in which Canada was necessarily placed, it is

remarkable how honourably her government discharged its duties of a

neutral between the belligerents.

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