Letters and Journals of James, Eighth Earl of Elgin Part 6

CHAPTER IV.

CANADA.

DISCONTENT--REBELLION LOSSES BILL--OPPOSITION TO IT--NEUTRALITY OF THE GOVERNOR--RIOTS AT MONTREAL--FIRMNESS OF THE GOVERNOR--APPROVAL OF HOME GOVERNMENT--FRESH RIOTS--REMOVAL OF SEAT OF GOVERNMENT FROM MONTREAL--FORBEARANCE OF LORD ELGIN--RETROSPECT.

[Sidenote: Commercial depression.]

The winter of 1848 pa.s.sed quietly; but the commercial depression, which was then everywhere prevalent, weighed heavily on Canada, more especially on the Upper Province. In one of his letters Lord Elgin caught himself, so to speak, using the words, 'the downward progress of events.' He proceeds:--

The downward progress of events! These are ominous words. But look at the facts. Property in most of the Canadian towns, and more especially in the capital, has fallen fifty per cent. in value within the last three years. Three-fourths of the commercial men are bankrupt, owing to Free-trade; a large proportion of the exportable produce of Canada is obliged to seek a market in the States. It pays a duty of twenty per cent. on the frontier. How long can such a state of things be expected to endure?

Depend upon it, our commercial embarra.s.sments are our real difficulty.

Political discontent, properly so called, there is none. I really believe no country in the world is more free from it. We have, indeed, national antipathies hearty and earnest enough. We suffer, too, from the inconvenience of having to work a system which is not yet thoroughly in gear. Reckless and unprincipled men take advantage of these circ.u.mstances to work into a fever every transient heat that affects the public mind. Nevertheless, I am confident I could carry Canada unscathed through all these evils of transition, and place the connection on a surer foundation than ever, if I could only tell the people of the province that as regards the conditions of material prosperity, they would be raised to a level with their neighbours. But if this be not achieved, if free navigation and reciprocal trade with the Union be not secured for us, the worst, I fear, will come, and that at no distant day.

[Sidenote: Political discontent.]

Unfortunately, powerful interests in the one case, indifference and apathy in the other, prevented these indispensable measures, as he always maintained them to be, from being carried for many years; and in the meantime a most serious fever of political discontent was in effect worked up, out of a heat which ought to have been as transient as the cause of it was intrinsically unimportant.

[Sidenote: Rebellion Losses Bill.]

Irritated by loss of office, groaning under the ruin of their trade, outraged moreover (for so they represented it to themselves) in their best and most patriotic feelings by seeing 'Rebels' in the seat of power, the Ex-ministerial party were in a mood to resent every measure of the Government, and especially every act of the Governor-General. When Parliament met on January 18, he took advantage of the repeal of the law restricting the use of the French language, to deliver his speech in French as well as in English: even this they turned to his reproach. But their wrath rose to fury on the introduction of a Bill 'to provide for the indemnification of parties in Lower Canada whose property was destroyed during the Rebellion in 1837 and 1838:' a 'questionable measure,' to use Lord Elgin's own words in first mentioning it, 'but one which the preceding administration had rendered almost inevitable by certain proceedings adopted by them' in Lord Metcalfe's time. As the justification of the measure is thus rested on its previous history, a brief retrospect is necessary before proceeding with the account of transactions which formed an epoch in the history of the colony, as well as in the life of the Governor.

[Sidenote: History of the measure.]

Within a very short time after the close of the Rebellion of 1837 and 1838, the attention of both sections of the colony was directed to compensating those who had suffered by it. First came the case of the primary sufferers, if so they may be called; that is, the Loyalists, whose property had been destroyed by Rebels. Measures were at once taken to indemnify all such persons,--in Upper Canada, by an Act pa.s.sed in the last session of its separate Parliament; in Lower Canada, by an ordinance of the 'Special Council' under which it was at that time administered. But it was felt that this was not enough; that where property had been wantonly and unnecessarily destroyed, even though it were by persons acting in support of authority, some compensation ought to be given; and the Upper Canada Act above mentioned was amended next year, in the first session of the United Parliament, so as to extend to all losses occasioned by violence on the part of persons acting or a.s.suming to act on Her Majesty's behalf. Nothing was done at this time about Lower Canada; but it was obviously inevitable that the treatment applied to the one province should be extended to the other. Accordingly, in 1845, during Lord Metcalfe's Government, and under a Conservative Administration, an Address was adopted unanimously by the a.s.sembly, praying His Excellency to cause proper measures to be taken 'in order to insure to the inhabitants of that portion of the province, formerly Lower Canada, indemnity for just losses by them sustained during the Rebellion of 1837 and 1838.'

In pursuance of this address, a Commission was appointed to inquire into the claims of persons whose property had been destroyed in the rebellion; the Commissioners receiving instructions to distinguish the cases of those persons who had joined, aided, or abetted in the said rebellion, from the case of those who had not. On inquiring how they were to distinguish, they were officially answered that in making out the cla.s.sification 'it was not His Excellency's intention that they should be guided by any other description of evidence than that furnished by the sentences of the Courts of Law.' It was also intimated to them that they were only intended to form a 'general estimate' of the rebellion losses, 'the particulars of which must form the subject of more minute inquiry hereafter under legislative authority.'

In obedience to these instructions, the Commissioners made their investigations, and reported that they had recognised, as worthy of further inquiry, claims representing a sum total of 241,965_l_. 10_s_.

5_d_., but they added an expression of opinion that the losses suffered would be found, on closer examination, not to exceed the value of 100,000_l_.

This Report was rendered in April 1846; but though Lord Metcalfe's Ministry which had issued the Commission, avowedly as preliminary to a subsequent and more minute inquiry, remained in office for nearly two years longer, they took no steps towards carrying out their declared intentions.

So the matter stood in March 1848, when, as has been already stated, a new administration was formed, consisting mainly of persons whose political sympathies were with Lower Canada. It was natural that they should take up the work left half done by their predecessors; and early in 1849 they introduced a Bill which was destined to become notorious under the name of the 'Rebellion Losses Bill.' The preamble of it declared that in order to redeem the pledge already given to parties in Lower Canada, it was necessary and just that the particulars of such losses as were not yet satisfied, should form the subject of more minute inquiry under legislative authority; and that the same, so far only as they might have arisen from the 'total or partial unjust or wanton destruction' of property, should be paid and satisfied. A proviso was added that no person who had been convicted, or pleaded guilty, of treason during the rebellion should be ent.i.tled to any indemnity for losses sustained in connection with it. The Bill itself authorised the appointment of Commissioners for the purpose of the Act, and the appropriation of 90,000_l_. to the payment of claims that might arise under it; following in this respect the opinion expressed by Lord Metcalfe's preliminary Commission of enquiry.

[Sidenote: Excitement respecting it.]

Such was the measure--so clearly inevitable in its direction, so modest in its proportions--which, falling on an inflamed state of the public mind in Canada, and misunderstood in England, was the occasion of riot and nearly of rebellion in the Province, and exposed the Governor-General, who sanctioned it, to severe censure on the part of many whose opinion he most valued at home. His own feelings on its introduction, his opinion of its merits, and his reasons for the course which he pursued in dealing with it, cannot be better stated than in his own words. Writing to Lord Grey on March 1, he says:--

A good deal of excitement and bad feeling has been stirred in the province by the introduction of a measure by the Ministry for the payment of certain rebellion losses in Lower Canada. I trust that it will soon subside, and that no enduring mischief will ensue from it, but the Opposition leaders have taken advantage of the circ.u.mstances to work upon the feelings of old Loyalists as opposed to Rebels, of British as opposed to French, and of Upper Canadians as opposed to Lower; and thus to provoke from various parts of the province the expression of not very temperate or measured discontent. I am occasionally rated in not very courteous language, and peremptorily required to dissolve the Parliament which was elected only one year ago, under the auspices of this same clamorous Opposition, who were then in power. The measure itself is not indeed altogether free from objection, and I very much regret that an addition should be made to our debt for such an object at this time. Nevertheless, I must say I do not see how my present Government could have taken any other course in this matter than that which they have followed. Their predecessors had already gone more than half-way in the same direction, though they had stopped short, and now tell us that they never intended to go farther. If the Ministry had failed to complete the work of alleged justice to Lower Canada which had been commenced by the former Administration, M. Papineau would most a.s.suredly have availed himself of the plea to undermine their influence in this section of the province. The debates in Parliament on this question have been acrimonious and lengthy, but M. Lafontaine's resolutions were finally pa.s.sed by a majority of fifty to twenty-two.

Dissensions of this cla.s.s place in strong relief the pa.s.sions and tendencies which render the endurance of the political system which we have established here, and of the connection with the mother-country, uncertain and precarious. They elicit a manifestation of antipathy between races and of jealousy between the recently united provinces, which is much to be regretted. This measure of indemnity to Lower Canada is, however, the last of the kind, and if it be once settled satisfactorily, a formidable stumblingblock will have been removed from my path.

A fortnight later he adds:--

The Tory party are doing what they can by menace, intimidation, and appeals to pa.s.sion to drive me to a _coup d'etat_. And yet the very measure which is at this moment the occasion of so loud an outcry, is nothing more than a strict logical following out of their own acts. It is difficult to conceive what the address on the subject of rebellion losses in Lower Canada, unanimously voted by the House of a.s.sembly while Lord Metcalfe was governor and Mr. Draper minister, and the proceedings of the Administration upon that address could have been meant to lead to, if not to such a measure as the present Government have introduced.

I enclose a letter which has been published in the newspapers by A. M.

Ma.s.son, one of the Bermuda exiles,[1] who was appointed to an office by the late Government. This person will be excluded from compensation by the Bill of the present Government, and he positively a.s.serts that Lord Metcalfe and some of his Ministers a.s.sured him that he would be included by them.

I certainly regret that this agitation should have been stirred, and that any portion of the funds of the province should be diverted now from much more useful purposes to make good losses sustained by individuals in the rebellion. But I have no doubt whatsoever that a great deal of property was wantonly and cruelly destroyed at that time in Lower Canada. Nor do I think that this Government, after what their predecessors had done, and with Papineau in the rear, could have helped taking up this question. Neither do I think that their measure would have been less objectionable, but very much the reverse, if, after the lapse of eleven years, and the proclamation of a general amnesty, it had been so framed as to attach the stigma of Rebellion to others than those regularly convicted before the Courts. Any kind of extra-judicial inquisition conducted at this time of day by Commissioners appointed by the Government, with the view of ascertaining what part this or that claimant for indemnity may have taken in 1837 and 1838, would have been attended by consequences much to be regretted, and have opened the door to an infinite amount of jobbing, false swearing, and detraction.

[Sidenote: Pet.i.tions against it.]

[Sidenote: Neutrality of the Governor.]

Pet.i.tions against the measure were got up by the Tories in all parts of the province; but these, instead of being sent to the a.s.sembly, or to the Legislative Council, or to the Home Government, were almost all addressed to Lord Elgin personally; obviously with the design of producing a collision between him and his Parliament. They generally prayed either that Parliament might be dissolved, or that the Bill, if it pa.s.sed, might be reserved for the royal sanction. All such addresses, and the remonstrances brought to him by deputations of malcontents, he received with civility, promising to bestow on them his best consideration, but studiously avoiding the expression of any opinion on the points in controversy. By thus maintaining a strictly const.i.tutional position, he foiled that section of the agitators who calculated on his being frightened or made angry, while he left a door open for any who might have candour enough to admit that after all he was only carrying out fairly the principle of responsible government.

In pursuance of this policy he put off to the latest moment any decision as to the course which he should take with respect to the Bill when it came up to him for his sanction. As regards a dissolution, indeed, he felt from the beginning that it would be sheer folly, attended by no small risk. Was he to have recourse to this ultima ratio, merely because a parliament elected a year before, under the auspices of the party now in opposition, had pa.s.sed, by a majority of nearly two to one, a measure introduced by the present Government, in pursuance of the acts of a former one?

If I had dissolved Parliament, I might have produced a rebellion, but most a.s.suredly I should not have procured a change of Ministry. The leaders of the party know that as well as I do, and were it possible to play tricks in such grave concerns, it would have been easy to throw them into utter confusion by merely calling upon them to form a Government. They were aware, however, that I could not for the sake of discomfiting them hazard so desperate a policy: so they have played out their game of faction and violence without fear of consequences.

The other course urged upon him by the Opposition, namely, that of reserving the Bill for the consideration of the Home Government, may appear to have been open to no such objections, and to have been in fact the wisest course which he could pursue, in circ.u.mstances of so much delicacy.

And this seems to have been the opinion of many in England, who were disposed to approve of his general policy; but it may be doubted whether they had weighed all the considerations which presented themselves to the mind of the Governor on the spot, and which he stated to Lord Grey as follows:--

There are objections, too, to reserving the Bill which I think I shall consider insurmountable, whatever obloquy I may for the time entail on myself by declining to lend myself even to this extent to the plans of those who wish to bring about a change of administration.

In the first place the Bill for the relief of a corresponding cla.s.s of persons in Upper Canada, which was couched in terms very nearly similar, was not reserved, and it is difficult to discover a sufficient reason, in so far as the representative of the Crown is concerned, for dealing with the one measure differently from the other. And in the second place, by reserving the Bill I should only throw upon Her Majesty's Government, or (as it would appear to the popular eye here) on Her Majesty herself, a responsibility which rests, and ought, I think, to rest, on my own shoulders. If I pa.s.s the Bill, whatever mischief ensues may probably be repaired, if the worst comes to the worst, by the sacrifice of me. Whereas, if the case be referred to England, it is not impossible that Her Majesty may only have before her the alternative of provoking a rebellion in Lower Canada, by refusing her a.s.sent to a measure chiefly affecting the interest of the _habitans_, and thus throwing the whole population into Papineau's hands, or of wounding the susceptibilities of some of the best subjects she has in the province. For among the objectors to this Bill are undoubtedly to be found not a few who belong to this cla.s.s; men who are worked upon by others more selfish and designing, to whom the principles of const.i.tutional Government are unfathomable mysteries, and who still regard the representative of royalty, and in a more remote sense the Crown and Government of England, if not as the objects of a very romantic loyalty (for that, I fear, is fast waning), at least as the b.u.t.ts of a most intense and unrelenting: indignation, if political affairs be not administered in entire accordance with their sense of what is right.

In solving these knotty problems, and choosing his course of action, the necessities of the situation required that he should be guided by his own unaided judgment, and act entirely on his own responsibility. For although, throughout all his difficulties, in the midst of the reproaches with which he was a.s.sailed both in the colony and in England, he had the great satisfaction of knowing that his conduct was entirely approved by Lord Grey, to whom he opened all his mind in private letters, the official communications which pa.s.sed between them were necessarily very reserved.

The following extract ill.u.s.trates well this peculiarity in the position of a British Colonial Governor, who has two popular a.s.semblies and two public presses to consider:--

Perhaps you may have been annoyed by my not writing officially to you ere this so as to give you communications to send to Parliament. All that I can say on that point is, that I have got through this disagreeable affair as well as I have done only by maintaining my const.i.tutional position, listening civilly to all representations addressed to me against the measure, and adhering to a strict reserve as to the course which I might deem it proper eventually to pursue. By following this course I have avoided any act or expression which might have added fuel to the flame; and although I have been plentifully abused, because it has been the policy of the Opposition to drag me into the strife, no one can say that I have said or done anything to justify the abuse. And the natural effect of such patient endurance is now beginning to show itself in the moderated tone of the organs of the Opposition press. You will perceive, however, that I could not possibly have maintained this position here, if despatches from me indicating the Ministerial policy had been submitted to the House of Commons. They would have found their way out here at once. Every statement and opinion would have formed the subject of discussion, and I should have found myself in the midst of the _melee_ a partisan.

To counteract the violent and reckless efforts of the Opposition, Lord Elgin trusted partly to the obvious reasonableness of the proposal under discussion, but more to the growth of a patriotic spirit which should lead the minority to prefer the rule of a majority within the province to the coercion of a power from without. Something also he hoped from the effect of the many excellent measures brought in about the same time by his new Ministry, 'the first really efficient and working Government that Canada had had since the Union.' Nor were these hopes altogether disappointed.

Writing on April 12 he observed, that a marked change had taken place within the last few weeks in the tone both of the press[2] and of the leaders of the party, some of whom had given him to understand, through different channels, that they regretted things had gone so far. 'But,' he adds, 'whether the gales from England will stir the tempest again or not remains to be seen.'

[Sidenote: Opinions in England.]

And, in effect, the next post from England came laden with speeches and newspaper articles, denouncing, in no measured terms, the 'suicidal folly of rewarding rebels for rebellion.' A London journal of influence, speaking of the British population as affected by the measure in question, said:-- 'They are tolerably able to take care of themselves, and we very much misconstrue the tone adopted by the English press and the English public in the province, if they do not find some means of resisting the heavy blow and great discouragement which is aimed at them.' Such pa.s.sages were read with avidity in the colony, and construed to mean that sympathy would be extended from influential quarters at home to those who sought to annul the obnoxious decision of the local Legislature, whatever might be the means to which they resorted for the attainment of that end. It may be doubted, however, whether any extraneous disturbance of this kind had much to do with the volcanic outburst of local pa.s.sions which ensued, and which is now to be related.

[Sidenote: The Bill is pa.s.sed,]

The Bill was pa.s.sed in the a.s.sembly by forty-seven votes to eighteen. On a.n.a.lysing the votes, it was found that out of thirty-one members from Upper Canada who voted on the occasion, seventeen supported and fourteen opposed it; and that of ten members for Lower Canada, of British descent, six supported and four opposed it.

These facts (wrote Lord Elgin) seemed altogether irreconcilable with the allegation that the question was one on which the two races were arrayed against each other throughout the province generally. I considered, therefore, that by reserving the Bill, I should only cast on Her Majesty and Her Majesty's advisers a responsibility which ought, in the first instance at least, to rest on my own shoulders, and that I should awaken in the minds of the people at large, even of those who were indifferent or hostile to the Bill, doubts as to the sincerity with which it was intended that const.i.tutional Government should be carried on in Canada; doubts which it is my firm conviction, if they were to obtain generally, would be fatal to the connection.

[Sidenote: and receives the Royal a.s.sent.]

Accordingly, when, on April 25, 1849, circ.u.mstances made it necessary for him to proceed to Parliament in order to give the Royal a.s.sent to a Customs Bill which had that day pa.s.sed the Legislative Council, he considered that, as this necessity had arisen, it would not be expedient to keep the public mind in suspense by omitting to dispose, at the same time, of the other Acts which still awaited his decision, among which was the 'Act to provide for the indemnification of parties in Lower Canada whose property was destroyed during the Rebellion in 1837 and 1838.' What followed is thus described in an official despatch written within a few days after the event:--

[Sidenote: Riots.]

When I left the House of Parliament I was received with mingled cheers and hootings by a crowd by no means numerous which surrounded the entrance to the building. A small knot of individuals, consisting, it has since been ascertained, of persons of a respectable cla.s.s in society, pelted the carriage with missiles which they must have brought with them for the purpose. Within an hour after this occurrence a notice, of which I enclose a copy, issued from one of the newspaper offices, calling a meeting in the open air. At the meeting inflammatory speeches were made. On a sudden, whether under the effect of momentary excitement, or in pursuance of a plan arranged beforehand, the mob proceeded to the House of Parliament, where the members were still sitting, and breaking the windows, set fire to the building and burned it to the ground. By this wanton act public property of considerable value, including two excellent libraries, has been utterly destroyed. Having achieved their object the crowd dispersed, apparently satisfied with what they had done. The members were permitted to retire unmolested, and no resistance was offered to the military who appeared on the ground after a brief interval, to restore order, and aid in extinguis.h.i.+ng the flames. During the two following days a good deal of excitement prevailed in the streets, and some further acts of incendiarism were perpetrated. Since then the military force has been increased, and the leaders of the disaffected party have shown a disposition to restrain their followers, and to direct their energies towards the more const.i.tutional object of pet.i.tioning the Queen for my recall, and the disallowance of the obnoxious Bill. The proceedings of the House of a.s.sembly will also tend to awe the turbulent. I trust, therefore, that the peace of the city will not be again disturbed.