Canada under British Rule by Sir John George Bourinot (mobi ebook reader .txt) 📕

be sooner dissolved by the governor-general.

Provision was made for a consolidated revenue fund, on which the first charges were expenses of collection, management and receipt of revenues, interest of public debt, payment of the clergy, and civil list. The English language alone was to be used in the legislative records. All votes, resolutions or bills involving the expenditure of public money were to be first recommended by the governor-general.

The first parliament of the United Canadas was opened on the 14th June, 1841, in the city of Kingston, by the governor-general, who had been created Baron Sydenham of Sydenham and of Toronto. This session was the commencement 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 to refer exclusively to those political conditions which brought about responsible government, and the removal of grievances which had so long perplexed the imperial state and distracted the whole of British North America.

In Lord John Russell's despatches of 1839,--the sequence of Lord Durham's report--we can clearly see the doubt in the minds of the imperial authorities whether it was possible to work the system of responsible government on the basis of a governor directly responsible to the parent state, and at the same time acting under the advice of ministers who would be responsible to a colonial legislature. But the colonial secretary had obviously come to the opinion that it was necessary to make a radical change which would insure greater harmony between the executive and the popular bodies of the provinces. Her Majesty, 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 favour of responsible government, as it was understood by men like Mr. Baldwin and Mr. Howe, when he arrived in Canada. He believed that the council should be one "for the governor to consult and no more"; and voicing the doubts that existed in the minds of imperial statesmen, he added, the governor "cannot be responsible to the government at home" and also to the legislature of the province, if it were so, "then all colonial government becomes impossible." The governor, in his opinion, "must therefore be the minister [i.e. the colonial secretary], in which case he cannot be under control of men in the colony."

When the assembly met it was soon evident that the Reformers in that body were determined to have a definite understanding on the all-important question of responsible government; and the result was that the governor-general, a keen politician, immediately recognised the fact that, unless he yielded to the feeling of the majority, he would lose all his influence. There is every reason to believe that the resolutions which were eventually passed in favour of responsible government, in amendment to those moved by Mr. Baldwin, had his approval before their introduction. The two sets of resolutions practically differed little from each other, and the inference to be drawn from the political situation of these times is that the governor's friends in the council thought it advisable to gain 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 peace, welfare and good government of the province, the chief advisers of the representative of the sovereign, constituting a provincial administration under him, ought to be men possessed of the confidence of the representatives of the people; thus affording a guarantee that the well-understood wishes and interests of the people, which our gracious sovereign has declared shall be the rule of the provincial government, will on all occasions be faithfully represented and advocated. (3) That the people of this province have, moreover, the right to expect from such provincial administration, the exertion of their best endeavours that the imperial authority, within its constitutional limits, shall be exercised in the manner most consistent with their well-understood wishes and interests."

On the 4th September, 1841, Lord Sydenham met with a serious accident while riding, and as his constitution had been impaired for years he died a fortnight later, to the regret of all political parties. He was succeeded by Sir Charles Bagot, a Conservative and High Churchman, whose brief administration was notable for the display of infinite discretion on his part, and for his desire to do justice to the French Canadians 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. His ideas of responsible government were those which had been steadily inculcated by colonial secretaries since 1839, and were even entertained by Lord Sydenham himself, namely, that the governor should be as influential a factor as possible in the government, and should always remember that he was directly responsible to the crown, and should consider its prerogatives and interests as superior to all local considerations.

When Lord Metcalfe assumed the responsibilities of his post, he found in office a Liberal administration, led by Mr. Baldwin, the eminent Reform leader of Upper Canada, and Mr. Louis Hippolyte Lafontaine, afterwards chief justice of Lower Canada and a baronet, who had been at the outset, like all his countrymen, opposed to the union, as unjust to their province. What originally excited their 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 had acted during the political struggles in Lower Canada, Mr. Lafontaine developed a high order of discreet statesmanship after the union, and recognised the possibility of making French Canada a force in government. He did not follow the example of Mr. John Neilson, who steadily opposed the union--but determined to work it out fairly and patiently on the principles of responsible government.

Lord Metcalfe, at the very outset, decided not to distribute the patronage of the crown under the advice of his responsible advisers, but to ignore them, as he declared, whenever he deemed it expedient. No responsible ministers could, with any regard to their own self-respect, or to the public interests, submit to a practice directly antagonistic to responsible government, then on its trial. Consequently, all the members of the Baldwin-Lafontaine government, with the exception of Mr. Daly, immediately resigned, when Lord Metcalfe followed so unconstitutional a course. Mr. Dominick Daly, afterwards knighted when governor of Prince Edward's Island--who had no party proclivities, and was always ready to support the crown in a crisis--became nominally head of a weak administration. The ministry was only completed after a 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 complete sense. The result was a return to the days of old paternal government, when the parliamentary opposition was directed against the governor himself and the British government of which he was the organ. Lord Metcalfe had been a sufferer from cancer, and when it appeared again in its most aggravated form he returned to England, where he died a few months later (1846). The abuse that followed him almost to the grave was a discreditable exhibition of party rancour, but it indicated the condition to which the public mind had been brought by his unwise and unconstitutional conduct of public affairs--conduct for which his only apology must be the half-hearted, doubtful policy of the imperial authorities with regard to the province, and his own inability to understand the fundamental principles of responsible government.

Lord Metcalfe's successor was Lord Cathcart, who had served with distinction in the Peninsular War, and was appointed with a view to contingencies that might arise out of the dispute between England and the United States on the Oregon boundary question, to which I shall refer in another chapter. He pursued a judicious course at a time when politics were complicated by the fact that the industry and commerce of the country were seriously deranged by the adoption of free trade in England, and the consequent removal of duties which had given the preference in the British 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 Russell was prime minister, and Earl Grey the secretary of state for the colonies. It had dawned upon English statesmen that the time had come for giving the colonists of British North America a system of responsible government without such reserves as had so seriously shackled its beginnings. In all probability they thought that the free-trade policy of England had momentarily weakened the ties that had bound the colonies to the parent state, and that it was advisable to follow up the new commercial policy by removing causes of public discontent in the province.

Lord Elgin was happily chosen to inaugurate a new era of colonial self-government. Gifted with a judicial mind and no ordinary amount of political sagacity, able to originate as well as carry out a statesmanlike policy, animated, like Lord Durham--whose daughter he had married--by a sincere desire to give full scope to the aspirations of the