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Later events in Canada part 3 · Canadian Scenery

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Section twelve of Canadian Scenery Volume one. This is a LibriVox recording. All
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LibriVox recordings are in the public domain. For more information or to volunteer,
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please visit LibriVox dot org. Canadian Scenery Volume one by Nathaniel Parker Willis Later
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Events in Canada Part three. Next year eighteen thirty three, the Assembly still
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granted only an annual bill, in which, according to a requisition of Lord
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Goderich, they stated the purposes to which each particular sum was to be applied.
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They added, without its being asked or wished, the individuals to whom
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it was to be paid, and depended a number of conditions, chiefly bearing
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that such persons should not hold any other situation and should not be members of
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the Executive or legislative councils. This was considered objectionable because public officers were thus
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suddenly deprived of situations which they had long held any consideration of their claims to
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compensation. Also because those regulations ought not to have been tact to a money
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bill, but made the subject of a separate enactment. On these grounds,
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this bill was negatived by the Legislative Council and Lord Stanley had been placed at
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the head of the Colonial Office, intimated that had it reached him, he
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could not have advised his majesty to assent to it. In the same session,
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a measure was introduced for securing independence and permanent provision to the judges in
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a form calculated to obviate Lord Goderich's chief objections, But on the motion of
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Monsieur Papinaut it was rejected, and the speeches of the leaders of the Assembly
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are said to have implied that it was no longer considered advisable to exempt these
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functionaries from their control. The breach now continually widened. Lord Stanley, considering
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the conduct of the Canadians as manifesting a resolution to engross the whole power of
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the state, directed the funds not yet made over it by Parliament to be
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employed in the park martial payment of the civil officers, and he is said
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to have determined to bring in a bill for repealing the Act by which the
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concession had been made. Meantime, the Assembly had raised and placed in the
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front of their demands a new article which almost entirely precluded all hope of accommodation,
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namely the abolition of the present Legislative Council and the substitution of one elected
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like themselves by the body of the people. Such an arrangement was without example
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in any British colony, and the existing state of political feeling in the mother
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country would have rendered it scarcely possible for ministers to propose it in Parliament.
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It had been first started in March eighteen thirty one, when Lord Elmer had
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thus gone out with the announced intention of acting upon the report of eighteen twenty
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eight and redressing, if possible, every grievance hitherto complained of. There seemed
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therefore room to suspect that the conciliatory disposition shown, instead of producing final satisfaction,
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had only prompted to higher demands through the belief that by perseverance they would
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finally obtain whatever they chose to ask. Yet, though a resolution of the
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Committee to that effect was approved by the members, it was not expressly included
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in the list of grievances then presented. But on the twentieth of March eighteen
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thirty three, a petition to the King, signed by Monsieur Papineau, Speaker
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of the House of Assembly, strenuously urged this measure and the calling of a
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body of delegates to arrange. The conditions. The leading ones proposed were a
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qualification in the electors of ten pounds in the country and of twenty pounds in
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towns, a certain income to qualify the councilor, and the duration of his
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functions for six years. Lord Stanley, in reply, said this was an
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object to which, deeming it altogether inconsistent with the very existence of monarchical institutions,
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he could never advise His Majesty to consent, and he particularly objected to
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the proposed mode of effecting it by what he termed a national convention. To
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address, however, by the Legislative Council was censured as intemperate in its language
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and appearing to ascribe generally to His Majesty's subjects of one origin views inconsistent with
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their allegiance. In conclusion, he alluded to the possibility that events might unhappily
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force upon Parliament the exercise of its supreme authority to compose the internal dissensions of
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the colonies, and which might lead to a modification of the Charter of the
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Canadas. This despatch was submitted to the Assembly and its entire tenor, particularly
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the implied threat at the close, excited the highest indignation in that body.
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They declined this year eighteen thirty four to pass any bill of supply whatever,
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and employed the session in preparing another long list of grievances. They complained that
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while those formerly urged were still unredressed, there had been added the partial payment
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of the civil officers without their consent. They made a preparatory demand of the
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Allele Legislative Council, without which nothing would be accepted as satisfactory. Lord Elmer's
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conduct was reprobated as violent, unconstitutional, and contemptuous, and his recall urgently
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demanded. The published correspondence assuredly does not bear out this charge. His addresses
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to the Assembly are particularly courteous, and he recommends generally to the government at
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home, concession so extensive that Lord Goderich, himself, considered liberal towards the
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colonies, refused to accede to them. The petition, however, was presented
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to Parliament and a committee appointed for its consideration. Meantime, Lord Stanley retired
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from power and was succeeded in the Colonial Department by mister spring Rice. This
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gentleman renounced the design entertained by his predecessor of recalling the revenues yielded to the
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Assembly and gave intimation. It is said that he would follow a more conciliatory
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course. He only asked a little time till he could make any self master
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of the subject, and thus the popular leaders were induced to delay taking any
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strong measures. They bitterly complained, however, that the administration was carried on
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as before. Lord Elmer was continued in the government, and though the Canadian
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funds were not entrenched upon a sum of thirty one thousand pounds was advanced from
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the military chast for payment of the civil servants, by which their responsibility to
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the Assembly was equally evaded. Before mister Rice had matured his plan, he
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was removed from office by the accession of Sir Robert Peel to power. He
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stated that he had it completed and was ready to submit it to the Cabinet
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on the very day when this change occurred, an assertion which mister Roebuck treats
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with evident skepticism, though seemingly without any adequate ground. Sir Robert, on
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assuming the reigns of office, early directed his attention to the disturbed state of
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Canada. After some deliberation, he determined to send out a commissioner with power
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to examine on the spot and redress without delay every real grievance which should be
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proved to exist. Even the casual and territorial revenues, were to be surrendered
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on condition of the settlement of a civil list for at least seven years.
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The elective Legislative Council, however, and the entire management of the public lands
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could not be conceded by Count Canterbury. The Late Speaker was first invited to
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fill this important appointment, and on his declining, it was conferred on Earl
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Amherst. This arrangement, however, was nullified by the vote which led to
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the resignation of Sir Robert and the return of Lord Melbourne to power. The
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restored Ministry followed up with certain modifications the plan of their predecessors. A commission
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was sent out for inquiry only and without the power of decision, composed of
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the following individuals, the Earl of Gosford, Sir Charles Edward Gray and Sir
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George Gibbs, the first and Irish nobleman, professing principles decidedly liberal succeeded Lord
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Elmer as governor. Lord Glenelk, now a Colonial's secretary, drew up for
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their guidance a series of instructions in which he considered the claim to the disposal
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of the entire revenue somewhat exorbitant and not warranted by British example, yet was
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willing for the sake of peace to consent to it on certain conditions. These
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were an independent provision for the judges, and salaries for the civil officers fixed
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for a certain number of years, ten being mentioned as particularly suitable. With
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regard to the uncleared lands, the whole proceeds arising from their sale were to
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be placed at the disposal of the Assembly, but government could not consent to
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part with the management of them or annul the contract made with the land Company,
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though they would be ready to guard against all abuses and even to receive
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any suggestions on the subject. The existing pensions were also to be retained,
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but the future power of granting them would be surrendered. In regard to the
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question of the Elective Legislative Council, it was said quote the King is most
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unwilling to admit as open to debate the question whether one of the vital principles
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of the provincial government shall undergo alteration. End. The right of petition,
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however, was fully recognized, and his Majesty would not absolutely close the avenue
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to inquiry, even where quote for the present he saw no reasonable ground of
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doubt end quote. The Earl of Gosford, having arrived in Canada, lost
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no time in calling a meeting of the Legislature, who would convoked on the
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twenty seventh of October eighteen thirty five, and in his opening speeches he professed
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the most conciliatory views, particularly towards the French or Popular Party. He avowed
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the opinion that quote, to be acceptable to the great body of the people
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is one of the most essential elements of fitness for public station end quote.
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He intimated his readiness to place the whole revenue at the disposal the Assembly on
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the conditions formerly stated. All the other grievances were to be carefully examined and
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redressed, and allusion was made to still graver matters respecting which the commissioners were
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not precluded from entering into an inquiry. The Legislative Council returned an answer which
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in all respects was extremely moderate. They generally concurred in the sentiments of the
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speech deprecated the idea that difference of origin should affect political rights, which ought
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to be equal to all His Majesty's subjects. But the House of Assembly,
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while holding conciliatory language, advanced much more lofty pretensions. The change in the
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Legislative Council was repeatedly pressed as absolutely essential to the tranquility and contentment of the
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province. The entire control of the public revenue was referred to not as a
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boon, but an incontestable and essential right. And while they stated their readiness
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to consider attentively any measure tending to facilitate the exercise of this rule, they
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avoided all mention of conditions to be performed in return. Notwithstanding the high ground
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thus taken, the intercourse between the popular leaders and the governor was extremely friendly.
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He admitted them to his table, and his intimacy entreated them on every
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occasion with much kindness. They were understood to represent the great body of the
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people whom he had expressed his desire to conciliate, and he professed liberal views
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to those who would understand that term in its widest sense. So decided was
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the impression produced that the opposite party loaded him with the bitterest invectives and even
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throughout menaces of insurrection. While the leaders of the Assembly went so far as
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to intimate that they would relieve the immediate financial embarrassments by granting the three years
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arrears and a half year in advance, they attached to the grant somewhat hard
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conditions, which, however, were not rejected, and on the remark being
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made that these would ensure its rejection by the Legislative Council, an intimation is
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said to have been given that it would be accepted directly by address, without
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being liable to the veto of that body. This good understanding was suddenly interrupted.
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The governor's language above cited in regard to the Elective Council had been very
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different from that of his instructions, not pledging him indeed to the measure.
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Yet, such as combined with his other conduct, conveyed to both parties,
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the idea that it was determined upon this course is defended as the only one
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by which the supplies so urgently wanted could be obtained, and it was hoped
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that by a continued conciliatory course, the Assembly might, when the real intention
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of the Cabinet could no longer be concealed, be induced to waive their demand.
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Any degree of duplicity in a government, however, must, when discovered,
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lower its dignity, irritate the deceived parties, and at the same time
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give them an impression of their strength which had driven those in authority to such
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an expedient. Unhappily, all these effects followed before any if the expected fruits
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had been reaped. Sir Francis bond Head had at the same time been sent
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out to Upper Canada, and, being a very straightforward person and seemingly unapprised
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of Lord Gosford's intentions, had made public a part of his instructions, including
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that momentous passage already quoted relative to the Legislative Council. It was such as,
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though not wholly precluding discussion on the object, left to the popular leaders,
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scarcely a hope of its attainment, their rage knew no bounds. They
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complained not only of disappointment in their favorite object, but of a deception by
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which they had been nearly misled. It was now determined not to grant the
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three years arrears, but merely a supply for the current half year, allowing
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only that short period to comply with their demands. This slender boon, too
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was clogged with conditions, which, as had been foreseen, induced the Upper
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House to reject it, so that the session, in all respects very stormy,
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passed over without any provision whatever being made for the public service. The
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Legislative Council felt naturally indignant at the violent attempts meditated for its overthrow, and
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instead of studying to show these to be unmerited, the members vented their resentment
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by rejecting almost every bill sent up from the Assembly. Among these was the
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vote continuing the funds for National Education, which were thus entirely withdrawn. All
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the political elements were disturbed and in violent collision with each other. The Commissioners,
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in March eighteen thirty six, viewing this state of things, and seeing
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no prospect of obtaining money to carry on the government without immediately yielding to every
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demand of the Lower House, considered it indispensable to obtain it without their consent.
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This they thought would be best accomplished by Parliament repealing the Act passed on
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the motion of Lord Godbridge, by which funds to the amount of thirty eight
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thousand pounds had been made over to the Assembly. This would indeed excite bitter
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resentment, but with the other reserved revenues, it would at least in enable
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the government to proceed without any grants from that body. Lord Glenell was not
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forward to act on this recommendation. He wrote to the Earl of Gosford,
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expressing a hope, on grounds which do not very distinctly appear, that the
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violent resolution complained of had been induced by the partial and imperfect knowledge of the
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instructions, and that a communication of the whole might lead to more favorable views.
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He expressed a wish therefore, that the provincial Parliament should be again called
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and an opportunity afforded for retracting before a recourse was had to extreme measures.
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The meeting was accordingly held on the twenty second of September eighteen thirty eight,
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but the majority soon presented an address to the Governor, denying that, according
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to the apprehension expressed in his speech, they labored under any kind of misconception.
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They saw nothing to make them change their views or prevent them from insisting
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on the same demands, particularly that of the elective Council. They adverted in
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an indignant manner to certain pretended authorities, as they termed the Commission, and
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maintained that they themselves were the legitimate and authorized organ of all classes of inhabitants,
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that they had used their power in such a manners ought to have secured
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confidence, and to them, not to a few strangers, ought to have
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been committed the fate of the country. They declared that their imperative duty to
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adhere to the contents of their last address quote, and to them do we
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adhere end quote. They finally expressed a resolution not only to do nothing more
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in regard to supply, but to adjourn their deliberations altogether unless government should commence
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the great work of justice and reform, particularly in regard to the second branch
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of the legislature. Matters had now reached an extremity which seemed to render it
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no longer possible to delay an interposition. The stoppage of the supplies, like
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the granting of them, was no doubt a right inherent in a representative assembly.
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Yet it is one the exercise of which is attended with such formidable ease
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that the Commons of England, during more than a century had merely kept it
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in the background as a last resort, and never brought it into actual operation.
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The constitutional character of the measure became still more questionable when employed not to
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control the abuses of the executive, but to overthrow a separate and coordinate branch
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of the legislature, deriving its existence from the same source with the Assembly itself.
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This was a mighty change, amounting to a kind of revolution, and
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to be effected only with the utmost deliberation, the stopping the whole machine of
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government, and not even allowing an interval of time to effect it was a
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measure of extreme violence. Had the popular leaders listened to the dictates of prudence
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and moderation, they might, availing themselves of the conciliatory disposition shown by the
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new governor, have obtained all their substantial objects. They would have gained the
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chief control in the executive, after which the legislative Council, whom they continually
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reproached with subserviency to the latter branch, were not likely to persevere in unavailing
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opposition. Ministers now determined no longer to delay measures for counteracting the proceedings of
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the violent party and placing the executive Government in a state of regular action.
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Parliament having assembled, and the reports of the Commissioners laid on the table,
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Lord John Russell, on the sixth of March eighteen thirty seven, moved a
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series of resolutions on which acts were to be founded. After a statement of
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the actual posture of affairs, it was proposed that the sum of one hundred
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and forty two thousand pounds should be taken out of the provincial funds locked up
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by the Assembly and applied to the payment of the judges and other civil officers
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down to the tenth of April. It was afterwards agreed, not as the
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commissioners had recommended, to resume any part of the seded moneys, but by
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a strict economy, to carry on the government from that date with the casual
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and territorial revenues, which circumstances had now raised to about twenty eight thousand pounds.
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The elective Legislative Council and the direct responsibility of the executive one to the
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Assembly were both declared inexpedient, though it was stated as desirable that considerable improvements
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should be made in the composition of both. These suggestions gave occasion to very
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warm debates. The Tories, while they supported the proposals of government, accused
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them of an imprudent indulgence and want of energy, which had emboldened the factious
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party to proceed to extremities. On the other hand, a small but active
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section of the Popular leaders justified all the claims and proceedings of the Canadian Assembly,
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denounced the resolutions as unconstitutional and tyrannical, and predicted as their result civil
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war and the loss of the colonies. The motion of mister Leader, however,
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in favor of an elective council, was negatived by three hundred eighteen to
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fifty six, and the cabinet measures were carried by overwhelming majorities. But the
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death of William Forth intervened before where they could be embodied in Acts of Parliament.
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The necessity of a dissolution, and the unwillingness to begin the government of
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a young and popular queen by a scheme of coercion, induced ministers to substitute
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the expedient of advancing the amount by way of loan from the British revenue in
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the prospect of being ultimately reimbursed from the provincial funds. As an interval was
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to elapse between the passing of the resolutions and their being acted on. Lord
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Gosford was instructed to make a last trial of the Assembly, in hopes that,
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seeing such a vast majority in Parliament against them, they might be induced
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of themselves to vote the money and thus save the necessity of any unwonted interference.
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Already, however, several violent demonstrations had taken place. Meetings were held
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in the counties of Montreal and Richelieu, in which it was affirmed that the
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votes of the Commons had put an end to all hopes of justice, and
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that no further attempts should be made to obtain redress from them Imperial Parliament.
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They considered the government as now only of one force to be submitted to from
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necessity during their present weakness, and in order to reduce as far as possible
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its power, they declared that all consumption of British manufactures and of all articles
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paying taxes ought to be discontinued, and finally that a general convention should be
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held to consider what further measures were advisable. Lord Glenelk, in consequence of
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this state of things in Canada, had resolved to send out two additional regiments,
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but afterwards, finding this to be inconvenient, he gave authority to apply
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to Sir Colin Campbell for such force as could be spared from Nova Scotia and
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New Brunswick. On the sixth of May, the Governor replied that he had
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not the least expectation of anything serious, though in case of a dissolution he
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admitted that there might be some broken heads. On the tenth of June,
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however, upon learning that a system of organization was carrying on under the influence
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of Papinaut, he applied to or calling for a regiment, which arrived early
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in July. He had already issued a proclamation warning the people against all attempts
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to seduce them from their allegiance. Meetings numerously attended were held in Montreal and
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Quebec, condemning the violent conduct of the House of Assembly, declaring attachment to
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British connection, and deprecating any breach of the public peace. On the eighteenth
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of August, Lord Gossard again called the Provincial Parliament. The resolutions were laid
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before the Assembly, with the expression of a hope that its proceedings would supersede
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the necessity of their being acted on. The changes in the constitution of the
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councils had been unfortunately delayed by difficulties as to certain appointments, but these improvements
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were solemnly promised. Warm debates ensued. Mister Andrews Stewart, one of the
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members for Quebec, proposed a compliance with the request of government, which was
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negative by sixty three to thirteen. An address was then moved by Monsieur tasher
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Hoe, a representative of the coumpt of Bonce, expressing a willingness to give
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a trial to the means proposed for amending the Legislative Council, but declining any
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grant till they were brought into operation. Another address, breathing the most determined
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hostility, was then moved and carried by forty six to thirty one. It
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denounced the step now taken as an absolute destruction of the representative government in the
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province, a total refusal of all the reforms and improvements demanded. If these
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resolutions were carried into effect, the colony, it was said, would no
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longer be attached to the mother country by feelings of duty, of affection and
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mutual interest, but solely by physical force. In this conjuncture, they could
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see no motive for the slightest departure from their intention to withhold the supplies,
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and they adhered in every respect to their resolutions of thirtieth of September eighteen thirty
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six. Lord Gosford, in reply, gave utterance to his deep regret at
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measures which he considered a virtual annihilation of the cost institution, and immediately provoked
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the assembly. End of Section twelve read by Sandra near Montreal, twenty twenty three.