Dissatisfaction with the rule of the Hudson's Bay Company seems to have
been stronger among people who had recently come to the Red River
Settlement from Canada and the United States, where they had been
accustomed to self-government, than among the old settlers, who had
passed most of their lives in the colony. The growing discontent with
the company's government was increased by a new power in the land, that
of the press. In 1859 two gentlemen from Canada, Messrs. "William
Buckingham and William Caldwell, brought a printing press to Port Garry,
and on December 28th of that year the first number of their newspaper,
the Nor'-Wester,
appeared. It was published fortnightly, and the subscription price was
twelve shillings per year. The price was soon reduced to ten shillings,
and after a time the paper became a weekly. The year which brought the
first newspaper to Fort Garry also brought Dr. John Schultz, who was to
become Sir John Schultz and governor of Manitoba later; and for several
years Dr. Schultz and the
Nor'-Wester were closely connected. In 1860
Mr. Buckingham retired from the management of the paper, and his place
was taken by Mr. James Ross, who edited it for some time; but in 1864
Ross sold his interest in the journal to Dr. Schultz, and in the next
year the latter bought Mr. Caldwell's interest and so became sole
proprietor of the paper. He retained control of it for several years.
Under the editorship of Mr. Ross the
Nor'-Wester had opposed the government of the
Hudson's Bay Company and had criticised the acts of the Council of
Assiniboia, notwithstanding the fact that its editor held the positions
of sheriff, governor of the jail, and postmaster from the counci1.
When his censures became more severe, the council deprived him of all
these posts, Mr. Henry McKenney being made sheriff and governor of the
jail and Mr. A. G. B. Bannatyne being appointed postmaster. Thereupon
Mr. Ross' opposition to the company's government became more vigorous
than ever, and it was not confined to articles in his new spaper by any
means. He called meetings of the people in various parts of the
settlement, made addresses, and conducted a very active campaign against
the methods of government adopted by the company. It was proposed to
send him to England with a petition from the people, asking the imperial
authorities to provide a new form of government for the Red River
colony; but this plan was modified, and Mr. Sandford Fleming was
selected to represent the discontented settlers before the British
ministers.
When the Nor'-Wester
passed into the hands of Dr. Schultz, its demands for self-government
for the colony and its attacks on the Hudson's Bay Company became more
vigorous and more persistent. In November, 1866, Mr. Clare, the chief
factor of the company at Fort Garry, died while on his way to England
This left a vacant seat in the Council of Assiniboia, and the
Nor-Wester at once proposed that the vacancy
should be tilled by a man selected by the people, suggesting Dr Schultz
as the most suitable representative. A petition was drawn up signed by a
number of the people, and presented to the council, asking that body to
elect Dr. Schultz as one of its members. In reply, Mr. Smith, the
secretary of the council, informed the petitioners, that the members of
the Council of Assiniboia were appointed by the governor and committee
of the Hudson's Bay Company and that the petition would be transmitted
to that body in London. Mr. Smith added that a counter-petition had been
presented by some of the citizens of the colony and that it, too, would
be sent to the head office of the company for consideration.
The
failure of this attempt to secure a seat for Dr. Schultz in the Council
of Assiniboia gave the
Nor'-Wester fresh occasion for attacks upon
that body. It declared that the officials of the company, who were the
dominating element in the council, cared little for the welfare of the
people, being anxious only to promote the commercial success of the
company; that many of the people were ''openly discussing the propriety
of taking the government from its present hands into their own land that
the time was close at hand when representatives of the people would have
seats in the governing council of the land as a matter of right and
justice not as a favor from a commercial corporation.
Incidents were not lacking to show that the Council of Assiniboia was
no longer qualified to make or administer the
laws of the colony, and the
Nor'-Wester did not fail to use them in
support of its contentions. Such an incident occurred in 1863. In
December, 1862, a clergyman named Corbett was arrested,< charged with a
serious crime. This man had given strong evidence against the Hudson's
Bay Company in the parliamentary investigation into its affairs in the
year 1857, and his friends claimed that his arrest seven years later was
an act of retaliation, instigated by the company. The trial began on
February 19, 1863, and after a long hearing, the jury found him guilty,
and he was sentenced to six months imprisonment. Early in April a
petition, signed by 420 people, was presented to the governor and
Council of Assiniboia, asking for Corbett's release on the ground that
he had borne a good character previous to his arrest, that he had done
good work among his parishioners, that he had already been sufficiently
punished, and that his health would be endangered by further
confinement. The governor, the members of the council, and Judge Black
could see no good reason for annulling the original sentence, and so the
petition was not granted. On April 20th there was a session of the petty
court in one of the rooms of the building in which Corbett was confined,
and an unusual number of people seemed to have been drawn thither. After
the business of the court was concluded, a number of determined men
gathered about the door of Corbett's cell, overawed the old Frenchman
who acted as turnkey, and broke open the prison door. Corbett, who
seemed fully-prepared to leave the place, stepped out of his prison and
was immediately escorted to his home in Headingly.
James Stewart, the master of the parochial school at St, James, was
known to be one of the leaders of the party which released Corbett.
Warrants for the arrest of this man and twelve of his associates were
issued at once, and on the following day Stewart was lodged in the very
cell front which he had liberated Corbett. On that afternoon two of his
friends, William Hallett and John Bourke, both men of considerable
influence among one section of the people, visited Governor Dallas to
ask that Stewart be set free and that no further action be taken against
his accomplices. When the governor explained that he had no power to
grant their petition, they assured him that, if the authorities did not
release Stewart, his friends would set him free by force. On the next
day, April 22nd, a large force of constables was sworn in to guard the
prison, and a special meeting of the council was called. Some of
Stewart's friends appeared before it and repeated the request for his
release, while some fifty others waited outside. When the deputation
came out and reported to the waiting men that their request had been
refused, the whole party moved over to the prison,. pulled down the
pickets which inclosed the prison yard, broke open the jail, and
liberated their friend. The authorities made no effort to prevent this
lawless proceeding, and the freed prisoner and his rescuers went to
their homes m triumph.
No
attempt was made to recapture Corbett, and about a year later he left
the country. A few days after Stewart's liberation the justices of the
peace addressed a letter to the governor, recounting the circumstances
of his arrest and rescue and advising that no further action against him
or the other rioters be taken, inasmuch as the sentences of the courts
could not be enforced. They also pointed out that, without a force
acting under the direct authority of the queen, justice could not be
administered except in suits which had no public interest. This was an
explicit confession that the settlement had outgrown the form of
government which had prevailed in it up to that time, and the
Nor'-Wester made the most of the admission.
About five years later the weakness of the government of the colony was
shown again, and this time I)r Schultz himself was a prominent figure in
the incident. Soon after his arrival iu the Red River Settlement Br.
Schultz became a partner of Mr. Henry McKenney, a near relative who was
carrying on a business in the little village which was growing up
outside the walls of Fort Garry. The partnership was dissolved in the
autumn of 1864, the business being continued by Dr. Schultz, while Mr.
McKenney became sheriff of the colony and governor of the jail. Before
all the partnership accounts had been settled several suits were
instituted in the courts of the colony, and these suits, in one form or
another, reappeared for about four years. In 1866 one of the principal
creditors of the firm secured judgments against both McKenney and
Schultz. The former paid the claim against him, but the judgment against
the latter was not met, and finally the creditor in whole favor the
judgment had been given decided to enforce it.
On
the morning of January 17, 1868, Mr. McKenney, in his capacity as
sheriff and accompanied by two constables, went to the store of Dr.
Schultz to obtain payment of the debt or to seize sufficient goods to
satisfy the judgment. His efforts to secure a quiet settlement of the
matter having failed, the sheriff directed the constable to seize
certain goods in the store; but the proprietor tried to prevent them,
and a scuffle followed which resulted in the arrest of the doctor. He
was bound, conveyed to Fort Garry, brought before Mr. Roger Goulet, a
justice of the peace, and charged with assaulting an officer of the law
in the discharge of his duty. The magistrate, believing that the
evidence justified the charge, committed the prisoner to jail to stand
his trial at the next session of the court.
In
the meantime incidents, not unlike the action of a comic opera, had
occurred at the doctor's store. The sheriff had left a constable named
Mulligan in charge there; but Mrs. Schultz ordered him to leave the
premises. He felt that he had a public duty to perform and refused to
desert his post; whereupon the lady had all the doors barred and the
window shutters nailed fast, effectually preventing the exit of the
constable and the re-entry of the sheriff. Without food, fire or light,
the imprisoned constable kept watch over the goods until night came and,
with it, a relieving party. Soon after midnight a party of excited men
proceeded to the jail at Fort Garry in which Dr. Schultz had been
incarcerated, overpowered the jailer and constables who were trying to
barricade the door, broke into the cell, and took the prisoner to his
home.
No
further attempt to arrest Dr. Schultz was made, nor was any action taken
against the men who had broken into the jail to liberate hiin. On
January 23rd a meeting of the Council of Assiniboia was held at which
the critical condition of affairs in the settlement was discussed, and a
resolution was adopted,' providing for the enrollment of one hundred
special constables, some of whom might be organized into a permanent
force if necessary. At a later meeting of the council the special
constables were summoned to meet at the court-house on February 10th,
when it was expected that the Schultz case would come before the court
again, and a large number of them assembled at that date; but the
protracted suits over the affairs of McKenney and Schultz had been
settled out of court a few days earlier, and so the constables were paid
and dismissed. All these events furnished vantage grounds from which the
Nor'-Wester could attack the inefficient
government of the colony and advocate a change whereby members of the
council would be elected by the people. All the people of the
settlement, however, were not in sympathy with the action of the party
which had released Dr. Schultz, and a statement that this unlawful
proceeding was not approved by the majority of the citizens was drawn
up, signed by 804 men, and forwarded to the council.
While these events were agitating the people in the settlements along
the Red River, events were occurring in the district about Portage la
Prairie, which, in spite of their comic aspects, served to show how
sorely the country needed a new form of government. Quite a large
settlement had grown up there; but as it was at some distance from Fort
Garry, the influence of the Hudson's Bay Company was scarcely felt in
the management of its public affairs. Early in 1863 a number of the
residents of the district presented a petition to the Governor and
Council of Assiniboia, asking that it should be included within the
municipal limits of the District of Assiniboia; but in its reply the
council stated that any attempt to extend its jurisdiction without
adequate military support would not be likely to secure the good
government 'which the petitioners desired. The council was anxious to
help the people of Portage la Prairie and requested Governor Dallas, who
was going to England in a short time, to present their case to the
authorities of the Hudson's Bay Company in London. Thrown on their own
resources, the people decided to organize among themselves the machinery
for local self-government; and in December, 1863, acting on the advice
and under the direction of Rev. Archdeacon Cochran, they elected
councillors and magistrates and organized a council and courts, whose
powers and duties were similar to those of the corresponding
institutions in Assiniboia. Ail the functionaries were to be elected by
the people, however. Owing to the mixed character of the population of
the settlement sectional feeling sometimes ran nigh, but the strong
personality of Archdeacon Cochran kept the governing machinery of the
district running quite smoothly until a disturbing element appeared in
the person of Mr. Thomas Spence. This gentleman had arrived in the Red
River Settlement in the autumn of 18C6, and very soon afterwards he had
made himself prominent in the political agitation which was going on at
Fort Garry, taking sides Avith
the party whose champion was Dr. Schultz. In the spring of 1867 he
removed to Portage la Prairie and renewed his political activity there.
In a short time he became the recognized leader of one of the factions
of the district, was elected to the council, and soon became its
dominant member. Through his influence some radical changes were made in
the form of government and the boundaries of the district, and its name
was changed from Portage la Prairie to Caledonia and subsequently to
Manitoba. In January, 1868, a new council was elected, and Mr. Spence
was chosen as chief magistrate or president of the new republic, which
was to be quite independent of the district ruled by the Hudson's Bay
Company from Fort Garry. All citizens were required to take an oath of
allegiance to the new government, and the council took steps to erect
public buildings, those most urgently needed being a court-house and a
jail. To raise the money necessary for the construction of these
buildings the council decided to levy a duty on all goods imported into
the republic, and notices were served on all traders that such duties
must be paid in future. But the agent of the Hudson's Bay Company at
Portage la Prairie replied that he would pay no duty on goods brought to
his post unless ordered to do so by the governor at Fort Garry; and the
council, seeing that it was powerless to compel him to pay, contented
itself with intimating that the agent would be provided with a cell in
the new jail as soon as it was completed.
The
new form of government and the new officials did not receive the
universal respect of the citizens. A shoemaker named Macpherson had been
heard to say that the money obtained by taxation was more likely to be
expended in supplying beer and whiskey for the officers of the
government than in erecting public, buildings. "When friends of the
government remonstrated with him for making such derogatory statements,
he repeated them with various embellishments. The council decided that
such a flagrant case of
lesc-majeste could not be passed over, and a
warrant for his arrest on the charge of treason was issued. Several
laughable incidents occurred in connection with the serving of the
warrant, but finally Macpherson was apprehended. During the evening a
session of the court was held in the house of a man named Hudson to try
the case, Spence acting as the judge. During the trial a party of men
entered the court and interrupted the proceedings. A squabble ensued,
and when it was over, the court was in darkness, the presiding judge and
x>resident of the republic lay sprawling on the floor, and the prisoner
and his friends had disappeared. An abortive attempt to re-arrest the
prisoner was made the next day, and then Spence decided that he had
nothing to gain by pushing the matter further. So Macpherson was given a
new suit of clothes to replace that ruined during his arrest, and the
matter was dropped.
The
Macpherson affair destroyed the last shreds of respect which the people
of the district had for Spence and his government, hut he still strove
to impress people outside of it with his influence and dignity. In the
month of February he paid a visit to the governor of Rupert's Land at
Fort Garry to interview him in regard to the duties on the company's
goods brought to Portage la Prairie for sale. But Spence was bluntly
informed that »e duty would be paid unless the company ordered it, that
he and his council could collect duties only from those who paid them
voluntarily, that any attempts to collect them by force could be legally
resisted, and that the administration of oaths of allegiance to the new
republic was illegal and laid him open to prosecution.
The
republic of Manitoba having received such scant recognition from its own
citizens and the officials of the Hudson's Bay Company, its president
determined to demand its recognition by the imperial government. So he
addressed the following letter to the secretary of state for foreign
affairs:
"La
Prairie, Manitoba, Via Red River Settlement/, February 19, 1868.
"My
Lord,—As president-elect, by the people of the newly organized
government and council of Manitoba, in British territory, I have the
dutiful honour of laying before your Lordship, for the consideration of
Her Most Gracious Majesty, our beloved Queen, the circumstances
attending the creation of this self-supporting petty government in this
isolated portion of Her Majesty's dominions; and, as loyal British
subjects, we humbly and sincerely trust that Her Most Gracious Majesty
and her advisers will be pleased forthwith to give this government
favorable recognition, it being simply our aim to develop our resources,
improve the condition of the people, and generally advance and preserve
British interests in this rising Far West.
"An
humble address from the people of this settlement to Her Majesty the
Queen was forwarded through the Governor-General of Canada, in June
last, briefly setting forth the superior attractions of this portion of
the British Dominions, the growing population, and the gradual influx of
emigrants, and humbly praying for recognition, law, and protection, to
which no reply or acknowledgment has as yet reached this people.
"Early in January last, at a public meeting of settlers, who numbered
over four hundred, it was unanimously decided to at once proceed to the
election and construction of a government, which has accordingly been
carried out, a revenue imposed, public buildings commenced to carry out
the laws, provision made for Indian treaties, the construction of roads,
and other public works tending to promote the interests and welfare of
the people, the boundaries of the jurisdiction being, for the time
being, proclaimed as follows:
"North, from a point running due north from the boundary line of
Assiniboia till it strikes Lake Manitoba; thence, from the point struck,
a straight line across the said lake to Manitoba Port< thence by
longitudinal line 51, till it intersects line of latitude 100.
"West, by line of latitude 100 to the boundary line of the United States
and British America.
East, the boundary line of the jurisdiction of the Council of Assiniboia.
"South, the boundary line between British North America and the United
States.
"I
have the honor to remain, my Lord,
Your Lordship's obedient servant,
Thos. Spence,
President of the
Council."
Mr
Spence received the following reply to his letter:
"Downing Street,
May
30, 1868.
"Sir—1
am directed by the Duke of Buckingham and Chandos to inform you that
your letter of the 19th of February last, addressed to the Secretary of
State for Foreign Affairs, has been forwarded to this department, and
that His Grace has also received a copy of a letter addressed by you to
Mr. Angus Morrison, a member of the Canadian Parliament, dated the 17th
of February last. In these communications you explain the measures that
have been taken for creating a so-called self-supporting government m
Manitoba, within the territory of the Hudson's Bay Company.
"The people of Manitoba are probably not aware that the creation of a
separate government, in the manner set forth in these papers, has no
force in law, and that they have no authority to create or organize a
government, or freven to set up municipal institutions (properly
so-called) for themselves, without reference to the Hudson's Bay Company
or to the Crown. Her Majesty's Government are advised that there is no
objection to the people of Manitoba voluntarily submitting themselves to
rules and regulations, which they may agree to observe for the greater
protection and improvement of the territory in which they live, but
which will have no force as regards others than those who may have
submitted themselves.
"As
it is inferred that the intention is to exercise jurisdiction over
offenders in criminal cases, levy taxes compulsorily, and to attempt to
put in force other powers, which can only be exercised by a properly
constituted government, I am desired to warn you that you and your
coadjutors are acting illegally in this matter, and that, by the course
you are adopting, you are incur ring grave responsibilities.
"I
am. Sir,
Your obedient servant."
The
letter from the office of the colonial secretary completed the collapse
of the government of Manitoba, and soon afterwards the president betook
himself to a point of the shore of Lake Manitoba and engaged in the
useful occupation of making salt. Accounts of the brief but eventful
history of the republic of Manitoba and of the lawlessness attending the
arrest of Dr. Schultz were soon sent to Canada and created the
impression there that the people of Red River had risen in rebellion
against the rule of the Hudson's Bay Company. Indeed the matter assumed
sufficient importance there to become a subject of inquiry in the
Canadian parliament.
The
Nor'-Wester took advantage of the excitement
caused by the occurrences at Fort Garry and Portage la Prairie to
advocate the presentation of a petition to the Governor and Council of
Assiniboia, praying for a change in the system of government, and urged
every man m the colony to sign it. Such a document seems to have been
drawn up, signed, and presented. It stated that one of the principal
grievances of the people of Red River was the fact that they had no
voice in the management of public affairs, declared that they were
capable of choosing competent persons to make the laws, requested the
council to adopt a regulation which would give them the right to elect
their own councillors, and asked that the petition be given "the
immediate and respectful consideration which the united and expressed
wish of a large number of people deserves." The keynote of the petition
was to be found in the expression, "All men possessing common sense have
a right to a voice in the government under which they live."
Of
course the Council of Assiniboia had no power to grant this petition,
but whether it was transmitted to the office of the Hudson's Bay Company
in London or not we are not told. The failure of the petition led the
Nor'-Wester to renew its attacks on the
company's government, and there can be no doubt that they helped to draw
the attention of Canadian statesmen to the conditions prevailing in the
Red River Settlement. Referring to the paper, Governor Dallas once
wrote, "Its continued attacks upon the Company find a greedy ear with
the public at large, both in the settlement and in Canada.'' |