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Canada under British Rule 1760-1900

Chapter 7 A NEW ERA OF COLONIAL GOVERNMENT (1839-1867).

Word Count: 9410    |    Released on: 01/12/2017

Canadas and the establishmen

A legislative union of the two Canadas and the concession of responsible government were the two radical changes which stood out prominently in the report among minor suggestions in the direction of stable government. On the question of responsible government Lord Durham expressed opinions of the deepest political wisdom. He found it impossible "to understand how any English statesman could have ever imagined that representative and irresponsible government coul

which was laid before Parliament, 11 February,

owed object of carrying out the policy of the imperial government. Immediately after his arrival in Canada, in the autumn of 1839, the special council of Lower Canada and the legislature of Upper Canada passed addresses in favour of a union of the two provinces. These necessary preliminaries ha

all. The number of representatives allotted to each province could not be changed except with the concurrence of two-thirds of the members of each house. The members of the legislative council were appointed by the crown for life, and the members of the a

evenues, interest of public debt, payment of the clergy, and civil list. The English language alone was to be used in the legislative r

ment of a series of parliaments which lasted until the confederation of all the provinces in 1867, and forcibly illustrated the capacity of the people of Canada to manage their internal affairs. For the moment, I propose

ty, he stated emphatically, "had no desire to maintain any system of policy among her North American subjects which opinion condemns", and there was "no surer way of gaining the approbation of the Queen than by maintaining the harmony of the executive with the legislative authorities." The new governor-general was expressly appointed to carry out this new policy. If he was extremely vain, at all events he was also astute, practical, and well able to gauge the public sentiment by which he should be guided at so critical a period of Canadian history. The evidence is clear that he was not individually in favo

n all the credit possible with the public for the passage of resolutions on the all-absorbing question of the day, since it was obvious that it had to be settled in some satisfactory and definite form. These resolutions embodying the principles of the new constitution of Canada, were as follows: (1) "That the head of the executive government of the province, being within the limits of his government the representative of the sovereign, is responsible to the imperial authority alone, but that, nevertheless, the management of our local affairs can only be conducted by him with the assistance, counsel, and information of subordinate officers in the province. (2) That, in order to preserve between the different branches of the provincial parliament that harmony which is essential to the

s even at the risk of offending the ultra-loyal party, who claimed special consideration in the management of public affairs. Responsible government was in a fair way of being permanently established when Sir Charles Bagot unhappily died in 1843 of dropsy, complicated by heart-disease; and Lord Metcalfe was brought from India to create-as it soon appeared-confusion and discord in the political affairs of the province. H

antagonism were the conditions exacted by the legislature of Upper Canada: an equality of representation, though the French section had a population of two hundred thousand more than the western province, the exclusion of the French language from the legislature, and the imposition of the heavy debt of Upper Canada on the revenues of the united provinces. But unlike Mr. Papineau, with whom he

most unconstitutional delay of several months, and was even then only composed of men whose chief merit was their friendliness to the governor, who dissolved the assembly and threw all the weight of the crown into the contest. The governor's party was returned with a very small majority, but it was a victory, like that of Sir Francis Bond Head in 1835, won at the sacrifice of the dignity of the crown, and at the risk of exciting once more public discontent to a dangerous degree. Lord Metcalfe's administration was strengthened when Mr. Draper resigned his legislative councillorship and took a seat in the assembly as leader. Lord Metcalfe's conduct received the approval of the imperial authorities, who elevated him to the peerage-so much evidence that they were not yet ready to concede responsible government in a comp

itish market to Canadian wheat, flour and other products. What aggravated the commercial situation was the fact that the navigation laws, being still in force, closed the St. Lawrence to foreign shipping and prevented the extension of trade to other markets so as to compensate Canadians for the loss of that with the parent state. Lord Cathcart was recalled within less than a year, when all prospect of war with the United States had disappeared, and was followed (1847) by a civil governor, the Earl of Elgin, who was chosen by the Whig ministry, in which Lord John

possessed of eloquence which at once charmed and convinced, Lord Elgin was able to establish on sure foundations the principles of responsible government, and eventually to leave Canada with the conviction that no subsequent representative of the crown could again impair its efficient operation, and convulse the public mind, as Lord Metcalfe had done. On his arrival he gave his confidence to the Draper ministry, who were

remained in power. It is noteworthy here that Lord Elgin did not follow the example of his predecessors and select the ministers himself, but followed the strict constitutional usage of calling upon Mr. Lafontaine as a recognised leader of a party in parliament to form a government. It does not fall wi

es would be held by the tenure of public confidence"; but after his departure (in 1841) an attempt was made by Sir William Colebrooke to imitate the example of Lord Metcalfe. He appointed to the provincial secretaryship a Mr. Reade, who had been only a few months in the province, and never represented a constituency or earned promotion in the public service. The members of the executive council were never consulted, and four of the most popular and influential councillors soon resigned. One of them, Mr. Lemuel A. Wilmot, the recognised leader of the Liberals, addressed a strong remonstrance to the lieute

rm to the government of the province. One of his first official acts was to give to the Anglican Church a numerical superiority to which it had no valid claim. As in Upper Canada, at that time, there was a combination or compact, composed of descendants of English Tories or of the Loyalists of 1783, who belonged to the Anglican Church, and were opposed to popular government. Two men were now becoming most prominent in politics. One of these was Mr. James William Johnston, the son of a Georgia Loyalist, an able lawyer, gifted with a persuasive tongue which chimed most harmoniously with the views of Sir Colin. On the other side was Mr. Joseph Howe, the son of a Loyalist printer of Boston, who had no such aristocratic connections as Mr. Johnston, and soon became the dominant influence in the Reform party, which had within its ranks such able and eloquent men as S.G.W. Archibald, Herbert Huntington, Lawrence O'Connor Doyle, William and George R. Young, and, very soon, James Boyle Uniacke. Sir Colin Campbell completely ignored the despatches of Lord John Russell, which were recognised by Sir John Harvey as conferring "an improved constitution" upon the colonies. In February, 1840, Mr. Howe moved a series of resolutions, in which it was emphatically stated that "no satisfactory settlement of questions before the country could be obtained until the executiv

try, and that responsible government in a colony was responsible nonsense, and meant independence." It was at last found necessary to give some sort of explanation of such extraordinary opinions, to avert a political crisis in the assembly. Then, to add to the political embarrassment, there was brought before the people the question of abandoning the practice of endowing denominational colleges, and of establishing in their place one large non-sectarian University. At this time the legislature voted annual grants to five sectarian educational institutions of a high class. The most important were King's College, belonging to the Anglican Church, and Acadia College, supported by the Baptists. The Anglican Church was still influential in the councils of the province, and the Baptists had now the support of Mr. Johnston, the able attorney-general, who had seceded from the Church of England. This able lawyer and politician had won the favour of the aristocratic governor, and persuaded him to dissolve the assembly, during the absence of Mr. Howe in the country, though it had continuously supported the government, and the people had given no signs of a want of confidence in the house as then constituted. The fact was, Mr. Johnston and his friends in the council thought it necessary to lose no time in arousing the feelings of the supporters of denominational colleges against Mr. Howe and other Liberals, who had commenced to hold meetings throughout the country in favour of a non-sectarian Univers

connection with the press, which he had left on becoming speaker and councillor, and had become editor of the Nova Scotian, and the Morning Chronicle, of which Mr. Annand was the proprietor. In these influential organs of the Liberal party-papers still in existence-Mr. Howe attacked Lord Falkland, both in bitter prose and sarcastic verse. All this while the governor and his council contrived to control the assembly, sometimes by two or three votes, sometimes by a prorogation when it was necessary to dispose summarily of a troublesome question. Public opinion began to set in steadily against the government. The controversy between Lord Falkland and Mr. Howe reac

mbly when he found that the leading Liberals positively refused to go into an alliance with the members of the executive council, or any other set of men, until the people had decided between parties at the polls. The result was a victory for the Liberals, and as soon as the assembly met a direct motion of want of confidence was carried against the government, and for the first time in the history of the country

presented to the imperial authorities, who at once consented to concede responsible government on the condition that adequate provision

passed brought out the fact, that if English statesmen had mistaken the spirit of the Canadian people, and had not always taken the best methods of removing grievances, it was not from any studied disposition to do these countries an injustice, but rather because they were unable to see until the ver

ery indiscretions made more palpable the defects of the political system against which he so persistently and so often justly declaimed. He lived to see his countrymen enjoy power and influence under the very union which they resented, and to find himself no longer a leader among men, but isolated from a great majority of his own people, and representing a past whose methods were antagonistic to the new régime that had grown up since 1838. It would have been well for his reputation had he remained in obscurity on his return from exile in 1847, when he and other rebels of 1837 were wisely pardoned, and had he never stood again on the floor of the parliament of Canada, as he did from 1848 until 1854, since he could only prove, in those later times, that he had never understood the true working of responsible government. While the Lafontaine-Baldwin ministry were in power, he revived an agitation for an elective legislative council and declar

serving, and that it was the interest of the Canadian people to strengthen in every way the connection with England. Like Papineau, he returned to Canada in 1849 to find himself entirely unequal to the new conditions of political life, where a large constitutional knowledge, a spirit of moderation and a statesmanlike conduct could alone give a man influence in the councils of his country. One historian has attempted to elevate Dr. Rolph at his expense, but a careful study of the career of those two actors will lead fair-minded readers to the conclusion that even the reckless course followed at the last by Mackenzie was preferable to the double-dealing of his more astute colleague. Dr. Rolph came again into prominence as one of the founders of the Clear Grits, who formed in 1849 an extreme branch of the Reform party. Dr. Rolph's qualities ensured him success in political intrigue, and he soon became a member of the Hincks-Morin government, which was formed on the reconstruction of t

ike the Loyalists, from one of whom he sprung-it was in her institutions, after all, his country could best find prosperity and happiness. It is an interesting fact that, among the many able essays and addresses which the question of imperial federation has drawn forth, none can equal his great speech on the

ustice-were the leaders, left behind it many monuments of broad statesmanship, and made a deep impression on the institutions of the country. In 1851 he resigned from the Reform ministry, of which he had been the Upper Canadian leader, in consequence of a vote of the Reformers of that province adverse to the continuance of the court of chancery, the constitution of which had been improved chiefly by himself. When he presented himself as a cand

Liberal and Conservative parties in Nova Scotia, in that famous body of public men who so long brightened the political life of the maritime provinces. But neither those two leaders nor their distinguished compeers, James Boyle Uniacke, William Young, John Hamilton Gray and Charles Fisher, all names familiar to students of Nova Scotia and New Br

, who, despite the absence of educational and social advantages in his youth, eventually triumphed over all obstacles, and occup

of self-governmen

ween the union of the Canadas in 1841 and the federal union of 1867. In 1841 Mr. Harrison, provincial secretary of the upper province in the coalition government formed by Lord Sydenham, brought in a measure which laid the foundations of the elaborate system of municipal in

the arena of political agitation by means of legislation which handed over this property to the municipal corporations of the province for secular purposes, and at the same time made a small endowment for the protection of the clergy who had legal claims on the fund. The same government had also the honour of removing the old French seigniorial system, recognised to be incompatible with the modern condition of a country of free government, and injurious to the agricultural development of the province at large. The question was practically settled in 1854, when Mr. Drummond, then attorney-general for Lower Canada, brought in a bill providing for the appointment of a commission to ascertain the amount of compensation that could be fairly asked by the seigniors for the cessio

legislation duties imposed by imperial acts upon foreign goods imported from foreign countries into the colonies in question. Canada soon availed herself of this privilege, which was granted to her as the logical sequence of the free-trade policy of Great Britain, and, from that time to the present, she has been enabled to legislate very freely with regard to her

oreshadowed in Lord Durham's report, to denationalise, if possible, the French Canadian province. The repeal of the clause, in 1848, was one evidence of the harmonious operation of the union, and of a better feelin

by persons who had not been convicted of, or charged with, high treason or other offences of a treasonable nature, or had been committed to the custody of the sheriff in the gaol of Montreal and subsequently transported to the island of Bermuda. Although the principle of this measure was fully justified by the action of the Tory Draper government, extreme Loyalists and even some Reformers of Upper Canada declaimed against it in the most violent terms, and a few persons even declared that they would prefer annexation to the United States to the payment of the rebels. The bill, however, passed the legislature by a large majority, and received the crown's assent through Lord Elgin on the 25th April, 1849. A large crowd immediately assembled around the parliament house-formerly the St. Anne Market House-and insulted the governor-general by opprobrious epithets, and by throwing missiles at him as he drove away to Monklands, his residence in the country. The government and members of the legislature appear to have been unconscious of the danger to which they were exposed until a great crowd rushed into the building, which was immediately destroyed by fire with its fine collection of books and archives. A few days later, when the assembly, then temporarily house

de-spread destitution and misery. The population of this province had now reached 1,396,091, or nearly 300,000 more than the population of Lower Canada-an increase which, as I shall show in the next chapter, had important effects on the political conditions of the two provinces. The eastern or maritime provinces received but a small part of the yearly immigration from Europe, and even that was balanced by an exodus to the United States. Montreal had a population of 100,000, or double that of Quebec, and was

ted States and the several legislatures of the Canadian provinces passed the legislation necessary to give effect to the treaty. Its most important provisions established free trade between British North America and the United States in products of the forest, mine, and sea, conceded the navigation of the St. Lawrence to the Americans, and the use of the canals of Canada on the same terms as were imposed upon British subjects, gave Canadians the right to navigate Lake Michigan, and allowed the fishermen of the United States to

runk Railway-a noble, national work, now extending from Quebec to Lake Michigan, with branches in every direction, but whose early history was marred by jobbery and mismanagement, which not only ruined or crippled many of the original shareholders, but cost Canada eventually twenty-three million dollars. In 1864 there were two thousand miles of railway working in British

he principle of local assessment, aided by legislative grants, for the carrying on of the public schools. This measure is the basis of the present admirable school system of Upper Canada, and to a large extent of that of the other English-speaking provinces. In Lower Canada the history of public schools must be always associated with the names of Dr. Meilleur and the Honourable Mr. Chauveau; but the system has never been as effective as in the upper pr

who became a power from that time among the Liberal politicians of Canada. No notable books were produced in the English-speaking provinces except "Acadian Geology," a work by Dr. Dawson, who became in 1855 principal of McGil

ured by the presence of members of the royal family. Prince William Henry, afterward William IV, visited Nova Scotia during the years 1786-1788, in command of a frigate. From 1791 until 1797 Prince Edward, Duke of Kent, father of the present sovereign, was in command of the imperial force

em to a momentous constitutional change, which gave a greater scope to the statesmanship of their public men, and opened up a wider spher

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