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

Mr. Mackenzie and his colleagues had no alternative open to them but to vote down the motion proposed in the commons; while in the Conservative senate the amendment, which could not be submitted to the lower house under the rules, was defeated, and the motion condemning the lieutenant-governor carried by a large party vote.

In 1879, when the Macdonald government was in office, the matter was again brought before the house of commons and the same motion of censure that had been defeated in 1878 was introduced in the same way as before, and carried by a majority of 85. The prime minister then informed Lord Lorne that in the opinion of the government Mr. Letellier's "usefulness was gone," and he recommended his removal from office; but the governor-general was unwilling to agree hastily to such a dangerous precedent as the removal of a lieutenant-governor, and as an imperial officer he referred the whole matter to her Majesty's government for their consideration and instructions. The colonial secretary did not hesitate to state "that the lieutenant-governor of a province has an indisputable right to dismiss his ministers if, from any cause, he feels it incumbent to do so," but that, in deciding whether the conduct of a lieutenant-governor merits removal from his office, as in the exercise of other powers vested in him by the imperial state the governor-general "must act by and with the advice of his ministers." After further consideration of the subject, the Canadian government again recommended the dismissal of Mr. Letellier, and the governor-general had now no alternative except to act on the advice of his responsible ministers. It was unfortunate that the constitutional issue was obscured, from the outset, by the political bitterness that was imported into it, and that the procedure, followed in two sessions, of proposing an amendment, condemnatory of the action of the lieutenant-governor, on the motion of going into committee of supply, prevented the house from coming to a decision squarely on the true constitutional issue--actually raised in the senate in 1878--whether it was expedient for the parliament or government of Canada to interfere in a matter of purely provincial concern.

In 1891 another case of the dismissal of a ministry, having a majority in the assembly, occurred in the province of Quebec, but the intervention of parliament was not asked for the purpose of censuring the lieutenant-governor for the exercise of his undoubted constitutional power. It appears that, in 1891, the evidence taken before a committee of the senate showed that gross irregularities had occurred in connection with the disbursement of certain government subsidies which had been voted by parliament for the construction of the Bay des Chaleurs railway, and that members of the Quebec cabinet were compromised in what was clearly a misappropriation of public money. In view of these grave charges, Lieutenant-governor Angers forced his prime minister, Mr. Honoré Mercier, to agree to the appointment of a royal commission to hold an investigation into the transaction in question. When the lieutenant-governor was in possession of the evidence taken before this commission, he came to the conclusion that it was his duty to relieve Mr. Mercier and his colleagues of their functions as ministers "in order to protect the dignity of the crown and safeguard the honour and interest of the province in danger." Mr. de Boucherville was then called upon to form a ministry which would necessarily assume full responsibility for the action of the lieutenant-governor under the circumstances, and after some delay the new ministry went to the country and were sustained by a large majority. It is an interesting coincidence that the lieutenant-governor who dismissed the Mercier government and the prime minister who assumed full responsibility for the dismissal of the Mercier administration, were respectively attorney-general and premier in the cabinet who so deeply resented a similar action in 1878. But Mr. Letellier was then dead--notoriously as a result of the mental strain to which he had been subject in the constitutional crisis which wrecked his political career--and it was left only for his friends to feel that the whirligig of time brings its revenge even in political affairs[5].


[5: Since this chapter was in type, the Dominion government have found it necessary to dismiss Mr. McInnes from the lieutenant-governorship of British Columbia, on the ground--as set forth in an order-in-council --that "his official conduct had been subversive of the principles of responsible government," and that his "usefulness was gone." While Mr. McInnes acted as head of the executive at Victoria, the political affairs of the province became chaotic. He dismissed ministries in the most summary manner. When the people were at last appealed to at a general election by Mr. Martin, his latest adviser, he was defeated by an overwhelming majority, and the Ottawa government came to the conclusion--to quote the order-in-council--"that the action of the lieutenant-governor in dismissing his ministers has not been approved by the people of British Columbia," and it was evident, "that the government of the province cannot be successfully carried on in the manner contemplated by the constitution under the administration of the present incumbent of the office." Consequently, Mr. McInnes was removed from office, and the Dominion government appointed in his place Sir Henri Joly de Lotbinière, who has had large experience in public affairs, and is noted for his amiability and discretion.]


A very important controversy involving old issues arose in 1888 in connection with an act passed by the Mercier government of Quebec for the settlement of the Jesuits' estates, which, so long ago as 1800, had fallen into the hands of the British government, on the death of the last surviving member of the order in Canada, and had been, after some delay, applied to the promotion of public instruction in the province of Quebec. The bishops of the Roman Catholic Church always contended that the estates should have been vested in them "as the ordinaries of the various dioceses in which this property was situated." After confederation, the estates became the property of the government of Quebec and were entirely at the disposal of the legislature. The Jesuits in the meantime had become incorporated in the province, and made, as well as the bishops, a claim to the estates. Eventually, to settle the difficulty and strengthen himself with the ecclesiastics of the province, Mr. Mercier astutely passed a bill through the legislature, authorising the payment of $400,000 as compensation to the Jesuits in lieu of all the lands held by them prior to the conquest and subsequently confiscated by the crown. It was expressly set forth in the preamble of the act--and it was this proposition which offended the extreme Protestants--that the amount of compensation was to remain as a special deposit until the Pope had made known his wishes respecting the distribution. Some time later the Pope divided the money among the Jesuits, the archbishops and bishops of the province, and Laval University. The whole matter came before the Dominion house of commons in 1888, when a resolution was proposed to the effect that the government should have at once disallowed the act as beyond the power of the legislature, because, among other reasons, "it recognizes the usurpation of a right by a foreign authority, namely his Holiness the Pope, to claim that his consent was necessary to dispose of and appropriate the public funds of a province." The very large vote in support of the action of the government-188 against 13-was chiefly influenced by the conviction that, to quote the minute of council, "the subject-matter of the act was one of provincial concern, only having relation to a fiscal matter entirely within the control of the legislature of Quebec." The best authorities agree in the wisdom of not interfering with provincial legislation except in cases where there is an indisputable invasion of Dominion jurisdiction or where the vital interests of Canada as a whole may imperatively call for such interference.

In March, 1885, Canada was startled by the news that the half-breeds of the Saskatchewan district in the North-west had risen in rebellion against the authority of the Dominion government. It is difficult to explain clearly the actual causes of an uprising which, in all probability, would never have occurred had it not been for the fact that Riel had been brought back from Montana by his countrymen to assist them in obtaining a redress of certain grievances. This little insurrection originated in the Roman Catholic mission of St. Laurent, situated between the north and south branches of the Saskatchewan River, and contiguous to the British settlement of Prince Albert. Within the limits of this mission there was a considerable number of half-breeds, who had for the most part migrated from Manitoba after selling the "scrip[6]" for lands generously granted to them after the restoration of order in 1870 to the Red River settlements. Government surveyors had been busily engaged for some time in laying out the Saskatchewan country in order to keep pace with the rapidly increasing settlement. When they came to the mission of St. Laurent they were met with the same distrust that had done so much harm in 1870. The half-breeds feared that the system of square blocks followed by the surveyors would seriously interfere with the location of the farms on which they had "squatted" in accordance with the old French system of deep lots with a narrow frontage on the banks of the rivers. The difficulties arising out of these diverse systems of surveys caused a considerable delay in the issue of patents for lands, and dissatisfied the settlers who were anxious to know what land their titles covered. The half-breeds not only contended that their surveys should be respected, but that they should be also allowed scrip for two hundred and forty acres of land, as had been done in the case of their compatriots in Manitoba. Many of the Saskatchewan settlers had actually received this scrip before they left the province, but nevertheless they hoped to obtain it once more from the government, and to sell it with their usual improvidence to the first speculators who offered them some ready money.


[6: A certificate from the government that a certain person is entitled to receive a patent from the crown for a number of acres of the public lands--a certificate legally transferable to another person by the original holder.]


The delay of the government in issuing patents and scrip and the system of surveys were no doubt the chief grievances which enabled Riel and Dumont--the latter a resident of Batoche--to excite the half-breeds against the Dominion authorities at Ottawa. When a commission was actually appointed by the government in January, 1885, to allot scrip to those who were entitled to receive it, the half-breeds were actually ready for a revolt under the malign influence of Riel and his associates. Riel believed for some time after his return in 1884 that he could use the agitation among his easily deluded countrymen for his own selfish purposes. It is an indisputable fact that he made an offer to the Dominion government to leave the North-west if they would pay him a considerable sum of money. When he found that there was no likelihood of Sir John Macdonald repeating the mistake which he had made at the end of the first rebellion, Riel steadily fomented the agitation among the half-breeds, who were easily persuaded to believe that a repetition of the disturbances of 1870 would obtain them a redress of any grievances they might have. It is understood that one of the causes that aggravated the agitation at its inception was the belief entertained by some white settlers of Prince Albert that they could use the disaffection among the half-breeds for the purpose of repeating the early history of Manitoba, and forcing the Dominion government to establish a new province in the Saskatchewan country, though its entire population