AS
the mist of party prejudice clears away we are able to judge of public
acts by their results.
The
rebellion of 1837-38 was a purely Canadian movement, an armament of a
portion of the Canadian people to win back by force those constitutional
rights which the Family Compact Government had wrested from the
electors; and, but for accidental circumstances, to be detailed in the
sequel, this rebellion would, no doubt, have been successful in
overthrowing, without bloodshed, the whole Family Compact system, and
the rule of Sir Francis Bond Head. Of course, it would have been absurd
to suppose that any attempt could have been made to hold Upper Canada
against the military power of England. But the course of subsequent
events, and the legislation which followed the publication of Lord
Durham's Report, show that it is equally absurd to suppose that the
Liberal party then in power in England would have exerted military force
to retain a system like that of Head and the Canadian Tories.
The
Mackenzie rising, in 1837, must be carefully distinguished from the
other movements, from the Lower Canadian insurrection, and from the
filibustering raids of American "sympathizers" which followed. The
English Canadian movement resembled only m appearance the Lower Canadian
insurrection of 1837. I he Upper Canadian movement was essentially a
popular one. It was supported by the great mass of English Canadian
people. Not so the rising in French Canada. The latter movement never
had a really popular support, for it was from the first under the ban of
the Church, and the Lower Canadian is a Catholic first, a patriot
afterwards. Lafontaine had to mend his ways and become reconciled to the
Church before he could become, what Papineau never had been, the real
leader of French Canada. The English Canadian movement, under Mackenzie,
had a distinctly national aim and support, and a military programme
which came very near being successful. The French revolt under Papineau
never could have been a success. Its solitary success in the field was
gained under the English-speaking leader, Dr. Wolfred Nelson. Nor is the
movement of 1837 to be confounded with the raids at Navy Island, at
Amherstburgh, and at Prescott in the succeeding year, which were mere
filibustering expeditions, for which no justification whatever is
admissible.
It
is clear that Sir Francis Bond Head was sent to Canada on what was
intended to be a mission of conciliation. He bore the reputation of
holding Liberal, or rather Whig opinions; he had been a zealous official
as Assistant Poor Law Commissioner, in Kent; he was chiefly known to the
public as the author of several magazine articles describing his
personal adventures, and written m a garrulous, egotistical, but good-humoured
tone. His utter ignorance, frankly avowed in his narrative of his
official career, of Canadian politics, was not likely to be regarded as
a disqualification by his English superiors, it being then the custom
for English insular officialism to ignore colonial interests.
Sir
Francis Head arrived at Toronto in January, 1836, and was greeted with
inscriptions covering the fences on King Street of "Welcome to Sir
Francis Head, the tried Reformer!" The "tried Reformer" soon showed the
cloven hoof of partisanship. In reply to an address adopted at a public
meeting of the citizens of Toronto, he snubbed the addressers as of
inferior capacity, and requiring to be addressed "in plainer and more
homely language," words which naturally gave much dissatisfaction.
Head's manner, as he met the members of the Legislature, was also
discourteous and haughty.
A
reply to the Lieutenant-Governor's official insolence was drawn up by
Drs. Rolph and O'Grady. "We thank Your Excellency," it began, "for
replying to our address, principally from the industrious classes of the
city, with as much attention as if it had proceeded from either branch
of the Legislature; and we are duly sensible in receiving Your
Excellency's reply, of your great condescension in endeavouring to
express yourself in plainer and more homely language, presumed by Your
Excellency to be thereby, brought down to the lower level of our plainer
and more homely understandings." The rejoinder then deplored, with
sarcastic humility, the deplorable neglect of their education, resulting
from the misgovernment of King's College University, and the veto
imposed by the Executive Government on the popular Assembly's
resolutions that the Clergy Reserves should be applied to the needs of
public education. This able document proceeded to recite other
grievances, and concluded with what, according to Mr. Charles Lindsey,
"William Lyon Mackenzie, in a manuscript note he has left, calls the
'first low murmur of insurrection.'" "If Your Excellency will not govern
us upon those principles, you will exercise arbitrary sway, you will
violate our charter, virtually abrogate our law, and justly forfeit our
submission to your authority," ran the reply. The able and sarcastic
rejoinder was left by James Leslie and Jesse Ketchum at the door of
Government House, and its bearers were whirled out of sight before the
irate Lieutenant-Governor
could discover who they were. In one of his outbursts of undignified
fury he sent the paper to Mr. George Ridout, a member of a distinguished
Toronto family, whose name did not even appear among the signers. It was
at once returned to Sir Francis by Mr. Ridout. But the rejoinder was
already in print, and in the hands of every member of the Legislature.
But
Head had not proceeded thus far without some show of efforts to carry
out his mission of conciliation. The Tory leaders had at first regarded
Sir Francis with distrust on account of his presumed Reform tendencies.
On this account, according to Sir Francis Head's own statement—no very
reliable authority, as he repeatedly contradicts himself— he was more
ready to make overtures to the popular side. He induced three of the
popular leaders to accept office in his Executive Council, the Hons.
John Rolpli, John Henry Dunn and Robert Baldwin. But these gentlemen,
finding that they were never consulted by Sir Francis, and that thus
they were made responsible for measures which they had never advised,
soon afterwards resigned. Hence Sir Francis threw himself into the arms
of the Family Compact, and ruled avowedly as an Irresponsible Governor.
Soon after this the Lieutenant-Governor appointed four new members of
the Executive Council, all members of the extreme Tory faction, one
being the clever renegade, Robert Baldwin Sullivan. This heightened the
people's indignation, the Assembly declared its entire want of
confidence m the men whom Sir Francis had called to his CouncuS. A
petition from Pickering, where the Reform party were ably led by Peter
Matthews, protested against British subjects being reduced by the
Lieutenant-Governor to a state of vassalage, and demanded the dismissal
of the new Councillors. Other petitions to the same effect poured in
from other townships.
In
effect Sir Francis Head now regarded the people of English Canada as
belonging to two classes, the "loyal"—i.e.,
those who supported the irresponsible executive in all its monopolies
and the "rebels"'—who demanded responsible government —all of whom were
put down by Sir Francis Head as "traitors and republicans." Yet in
reality it was the
Lieutenant-Governor himself who was the "rebel," if disloyalty to the ,
instructions of his English superiors can be so described. Lord Glenelg
had sent a despatch in which he instructed Sir Francis Bond Head that in
the British American Provinces
the Executive Councils should be composed of individuals possessing the
confidence of the people. In despite of these
distinct instructions from the English Government, his masters, this
addle-headed Governor persisted m treating as "rebels" all who desired
to carry into effect the very system of responsible government which
Lord Glenelg had charged h m with the duty of establishing in Canada.
But the British Colonial Office had yet to find out that they had to
deal with a subordinate who had no notion of subordination, and whose
only guide was his own over-weening restless vanity. The able men who
directed the Family Compact counsels, men such as Strachan, Robinson,
Powell, Hagerman and Sullivan, soon took the measure of the conceted
little riding-master, and flattered him into the notion that it was his
mission to suppress "democracy."
Head's next step was to dissolve the House, which was now completely
beyond his control, and to issue writs for a general election. He had
the supreme self-conceit to write to his superior, Lord Glenelg, telling
him of his intention, and actually requesting that no orders might be
sent him on that subject. To the English Colonial Office he reported his
policy as supported by the loyal inhabitants of Canada, and entreated
that he might not be interfered with in carrying it out. For the moment
these representations had weight at the Foreign Office, more especially
as Head's account of things seemed confirmed soon afterwards by the
success of his party at the general elections of 1836.
It
is of the utmost importance that we obtain a thorough and clear
understanding of the fact that at the general election of 1836, the
agencies of force and fraud were openly and unblushingly used to exclude
members of the Reform party, and to compel or bribe constituencies to
choose Tory candidates. The Canadian constitution was virtually
abrogated, by the right of electing their representatives being wrested
out of the hands of the people. It was this that made the crisis of
December, 1837, inevitable. It was this that made civil war a sacred
duty to all who were loyal to their country.
Of
this fact of the utter unconstitutionality of the elections of 1836, I
wish to give the reader clear proofs. Lord Durham states m his famous "Repoit,
an authority whose truthfulness is admitted by the parties to be above
suspicion, that "in a number of instances the elections were carried by
an unscrupulous exercise of the influence of the Government, and by a
display of violence on the part of the Tories, who were emboldened by
the countenance afforded them by Government; that such facts and such
impressions produced in the country an exasperation and a despair of
good government which extended far beyond those who had actually been
defeated at the polls." The Tories raised an enormous corruption fund,
grants of land were freely issued to those who would vote on the side of
Government. In the North Riding of the County of York a set of lots at
the mouth of the Credit Valley River were distributed during the
election. It was well known that the great banking company, the Bank of
Upper Canada, was at that time nothing more or less than a corruption
machine, holding m trust large sums of money to be used in bribing the
electors. It was
no secret in Family Compact circles that about a month before the
elections of 1836 the manager of the Bank sent for
Attorney-General Hagerman, and that the
cashier handed to him a large bundle of notes due to the Bank, at the
same time giving him explicit instructions to be very lenient with every
voter in York County who would pledge himself to vote against Mackenzie,
but to "put on the screws" in the case of any who refused to pledge
themselves. The Tories could not control public opinion. The unbiased
elections of twenty years had made that plain enough. But they could,
and they did hire mobs of drunken ruffians armed with guns, stones and
bludgeons, to overawe the electors. At Streetsville, the
polling-place for the newly formed Second
Riding of York County, the path of Mackenzie's friends was barred by a
procession of Orangemen, with banners displayed and bands braying forth
their party tunes. The refusal of scrutiny into election proceedings in
many another case by the corrupt Parliament thus elected has hidden from
record in how many another constituency the Tory Lords of misrule led
forth their hired gladiators infuriate with loyalty and whiskey. There
was many a polling-place where it was risking life to vote for a
Reformer.
At
the head and front of these outrages on the constitution stood the
conceited and unprincipled Lieutenant-Governor, lie openly avowed him
self a partisan. He as openly denounced the Reformers. He stumped the
count' ,. He has been praised for the dexterity with which he threw
himself into the
role of an agitator, for his appeals to
spread-eagle "loyai' sentimentality, his bunkum stump oratory about the
"glorious old flag of England," his ridiculous anti-climax, "let them
come if they dare, to an imaginary enemy, in the name of fifteen
regiments, not one of which had he common-sense to embody for the
defence of his Government when it was threatened by a serious danger.
But all this, justly regarded, is but the stock in trade of a political
charlatan, without common sense as he was without principle, his ever
restless self-conceit exulting in a little brief notoriety. None of
Head's predecessors would have stooped to such a course, though some of
them, such as Sir John Colborne and Sir Peregrime Maitland, were deeply
attached to Tory principles. But they were high-minded English
gentlemen. Head, whose real name was Mendez, had not a particle of right
to the respectable English name he bore. His true surname was that of
his grandfather, Moses Mendez, the descendant of a Portuguese Jew, a
quack doctor who had settled in England some generations before. What
has been said will, it is to be hoped, enable the reader to realize the
iniquities practised by the Tories at the election of 1836.
The
constitution of Canada was gone, the elective principle was a thing of
the past, hope of constitutional remedy there was none. Well might
Samuel Lount, the late member for Simcoe, when asked why he did not
appeal to the House for an investigation of the corrupt practices by
which it was patent that he had been unseated, reply: "it would be only
throwing away £100; the present Parliament would give it against me all
the same." To complain of bribery before the tribunal of the House would
be to challenge immorality before a jury of prostitutes. Well might
Mackenzie, in his address to the Second Riding of York, express his
despair of redress by constitutional methods. "I have been diligent in
the Legislature; every proposition calculated to make you happier I have
supported; and whatever appeared to me to be against popular government
and the interests of the many, I have opposed, please or affect whom it
might. The result is against you; you are nearer having saddled on you a
dominant priesthood; your public and private debt is greater; the public
improvements made by Government are of small moment; the priests of the
leading denominations have swallowed bribes like a sweet morsel; the
principle that the Executive should be responsible to the people is
denied you; the means to corrupt our electors are in the hands of the
adversaries of popular institutions, and they are using them; and
although an agent has been sent with the petitions of the House of
Assembly to the King and House of Commons, I dare not conceal from you
my fears that the power that has oppressed Ireland for centuries will
never extend ;ts sympathies to you." The fiery orator little
foresaw the day when both political parties in the freely-elected
Parliament of Canada would unite their forces to petition the British
Government to extend to unhappy Ireland the system of Home Rule and
Responsible Government under which Canada has thriven so well. But
truly, at that time the outlook was dark indeed; all constitutional
landmarks were effaced, every vestige of electoral freedom was trampled
under the hoof of oligarchy. Domnie Strachan's State church dominant;
the night-birds of Tory corruption militant over the land! There
remained but a pale hope of redress in answer to petition, and what
beyond? Mackenzie's last words were ominous enough: "If the reply be
unfavourable, as I am apprehensive it will, then the Crown will have
forfeited all claim upon British freemen in Upper Canada, and the result
is not difficult to foresee."" |