SUCH was the
environment in which Robert Baldwin and his future colleagues in the
Reform ministry of Canada, entered upon political life. The Baldwins
were sprung from au Irish family resident on a little property called
Summer Hill, near Carragoline, in the county of Cork. The father of
Robert Baldwin had come out to Canada with his father (himself a Robert
Baldwin; in 1798. The family settled on a tract of land on the north
shore of Lake Ontario, in the present county of Durham, where Robert
Baldwin (senior) set himself manfully to work to clear and cultivate a
farm to which he gave the name of Annarva.1 His eldest son, "William
Warren Baldwin, did not, however, remain upon the homestead. He had
already received at the University of Edinburgh a degree m medicine and.
anxious to turn his professional training to account, he went to the
little village of York. Here he took up his abode with a Mr. Wilcocks of
Duke Street, an Irish friend of his family, who had indeed been
instrumental in inducing the Baldwins to come to Canada. In a pioneer
colony like the Upper Canada of that day, the health of the community is
notoriously sound, and Dr. Baldwin soon saw that the profession of
inedii ine at York could offer but a precarious livelihood. He
determined, therefore, to supplement it with school-teaching and
inserted in the Gazette an announcement of his intention to open a
classical school;— "Dr. Baldwin, understanding that some gentlemen of
this town have expressed an anxiety for the establishment of a classical
school, begs leave to inform them and the public that he intends on
Monday, the first of January next [1803], to open a school in which he
will instruct twelve boys in writing, reading, classics and arithmetic.
The terms are, for each boy, eight guineas per annum, to be paid
quarterly or half yearly; one guinea entrauce and one cord of wood to be
supplied by each of the boys on opening the school." It is interesting
to note that among the earliest of Dr. Baldwin's pupils was John
Robinson, distinguished later as a leading spirit in the Family Compact
and chief-justice of the province.
School-teaching with
the ambitious Irishman was, however, only a means to an end. The legal
profession, then in its infancy in the colony, offered a more lucrative
and a more honourable field, and for lbs in his leisure hours Baldwin
hastened to prepare himself. Indeed no very arduous preparation or
profound knowledge was needed in those days for admission to the legal
fraternity of "Muddy York." A summary examination, conducted in person
by the chief-justice of the province, was all that was required of
Baldwin as a candidate for the bar, and on April 6th, 1803, he was
admitted as a duly qualified practitioner. Ilis entry upon his new
profession was signalized by his marriage in the same year with Miss
Phoebe Wilcocks, a daughter of the family friend with whom he had lived.
The newly married couple took up their quarters in a new house on the
corner of Frederick and Palace Streets, the latter a street running
parallel with the shore of the bay and receiving its grandiloquent name
from the expectation that it would presently become the site of a
gubernatorial "palace." In this house Robert Baldwin, eldest son of
William Warren Baldwin was born on May 12th, 1804.
Little need be said of
Robert Baldwin's youth and school days. By no means a precocious child,
he was distinguished at school rather for a painstaking diligence than
for exceptional natural aptitude. lie received his education at the Home
District Grammar School, at the head of which was Dr. John Strachan,
then rector of York and subsequently distinguished as Bishop of Toronto
and champion of the Anglican interest. Baldwin's conscientious industry
presently made him "head boy" of the Grammar School, from whose walls he
passed with credit to enter upon the study of the law (1819). After
spend-ng some years in his father's office, he was called to the bar in
Trinity Term, 1825, and became a partner in his father's business under
the firm name of "W. W. Baldwin and Son." The fortunes of the elder
Baldwin had in the meantime rapidly unproved. Not only had he met with
success in his dual profession, but he had the good fortune to fall heir
to the property of a Miss Elizabeth Russell, a distant connection of the
Baldwins, and sister to a certain Peter Russell, a bygone magnate of the
little colony whose extensive estates she had herself nherited and now
bequeathed to William Baldwin. Desirous to use his new found wealth for
the foundation of a family estate,1 Dr. Baldwin purchased a considerable
tract of land to the north of the little town on the summit of the hill
overlooking the present city of Toronto. To this property the name "Spadina"
was given, and the wide road opened by Dr. Baldwin southward through a
part of the Russell estate was christened Spadina Avenue.
Both father and son
were keenly interested in the political affairs of the; province. The
elder Baldwin was a I .liberal and prominent among the Reformers who,
even before the advent of William Lyon Mackenzie, denounced the
oligarchical control of the Family Compact. But he was at the same time
profoundly attached to the British connection and averse by temperament
to measures of violence. While making common cause with the Mackenzie
faction in the furtherance of better government, Dr. Baldwin and his
associates were nevertheless separated from the extreme wing of the
Reformers by all the deference that lies between the Whig and the
Radical. The polit ieal aims were limited to converting the constitution
of the colony into a real, and not merely a nominal, transcript of the
British constitution. To effect this, it seemed only necessary to render
the executive officers of the government responsible to the popular
House of the legislature in the same way as the British cabinet stands
responsible to the House of Commons. This one reform accomplished, the
other grievances of the colonists would find a natural and immediate
redress. Robert Baldwin sympathized entirely with the political views of
his father. Moderate by nature, he had no sympathy with the desire of
the Radical section of the party to abolish the legislative council, or
to assimilate the institutions of the. country to those of the United
States. The Alpha and Omega of his programme of political reform lay n
the demand for the introduction of responsible government. His
opponents, even some of his fellow Reformers, taunted him with being a
"man of one idea." Viewed n the clearer light of retrospect it is no
reproach to his political insight that his "one idea" proved to be that
which ultimately saved the situation and which has since become the
corner stone of the British colonial system.
The year 1829 may be
said to mark the commencement of Robert Baldwin's public life. He had
already taken part in election committees and was known as one of the
rising young men among the moderate Reformers. He had. moreover, in the
election of 1828, unsuccessfully offered himself as a candidate for the
county of York. But in 1829 we find him figuring as the draftsman of the
petition addressed to George IV in connection with the Willis affair.
Willis, an English barrister of some prominence, had been appointed in
1827 to be one of the judges of the court of king's bench in Upper
Canada. While holding that office he had held aloof from the faction of
the Family Compact and had thereby incurred the displeasure of the
authorities, who had become accustomed to view the judges as among their
necessary adherents. A technical pretext being found,1 Sir Peregrine
Maitland dismissed Willis from office. The cause of the latter was at
once espoused by the Reform party. A public meeting of protest was
called at York under the chairmanship of Dr. Baldwin, and a petition
drawn up addressed "to the king's most excellent Majesty, and to the
several other branches of the imperial and provincial legislatures." The
pet: ' ion is said to have been drafted, at least in part, by Robert
Baldwin. The occasion was considered a proper one, not only for
protesting against the injustice done to Judge Willis, but for drawing
the attention of the Crown to the numerous evils from which the colony
was suffering. The list of grievances, arranged under eleven heads,
included the already familiar protests against the obstructive action of
the legislative council, the precarious tenure of the judicial offices,
and the financial extravagance and favouritism of the executive
government. Of especial importance is the eighth item of the list, which
called attention to "the want of carrying into effect that rational and
constitutional control over public functionaries, especially the
advisers of your Majesty's representative, which our fellow-subjects in
England enjoy m that, happy country." Following the catalogue of
grievances is a list of "humble suggestions" of adequate measures of
reform. The essential contrast between the moderate Reformers of Upper
Canada on the one hand, and the Radical wing of their party and the
Papineau faction of the Lower Province on the other, is seen in the fact
that no request is made for an elective legislative council. It is
merely asked that only a "small proportion" of the council shall be
allowed to hold other offices under the government, and that neither the
legislative councillors nor the judges shall be permitted to hold places
in the executive council. The sum and substance of the wishes of the
petitioners appears in the sixth of their recommendations, in which they
pray "that a legislative Act be made in the provincial parliament to
facilitate the mode in which the present constitutional responsibility
">f the advisers of the local government may be carried practically into
effect; not only by the removal of these advisers from office when they
lose the confidence of the people, but also by impeachment for the
heavier offenses chargeable against them." The petition was forwarded
for presentation to Viscount Goderich and the Hon. E. G. Stanley, from
each of whom Dr. Baldwin duly received replies. A quotation from the
letter sent by Stanley, who became shortly afterwards colonial
secretary, may serve to show to how great an extent the British
statesmen of the period failed to grasp the position of affairs in Upper
Canada. "On the last and one of the most important topics," wrote
Stanley, "namely, the appointment of a local ministry subject to removal
or impeachment when they lose the confidence of the people, I conceive
there would be great difficulty in arranging such a plan, for in point
of fact the remedy is not one of enactment, but of practice—and a
constitutional mode is open to the people, of addressing for a removal
of advisers of the Crown and refusing supplies, if necessary to enforce
their wishes." From what has been said above it is clear that this was
the very mode of redress which was not open to the people of the
province.
In this same year
(1820) Robert Baldwin first entered the legislature of the province.
John Beverley Robinson, the member for York and attorney-general, had
been promoted to the office of chief-justice of the court of king's
bench, his seat in the assembly being thereby vacated. Baldwin contested
the seat and was successful in his canvass, being strongly aided by the
influence of William Lyon Mackenzie. A petition against his election, on
the ground of an irregularity in the writ, caused him to be temporarily
unseated, but in the second election Baldwin was again successful and
entered the legislature on January 8th. 1830. In the ensuing session he
appears to have played no very conspicuous part, his membership being
brought to a premature termination by the death of George IV. The demise
of the Crown necessitating a dissolution of the House. Baldwin again
presented himself to the electors of York. In this election the
adherents of the Family Compact contrived to carry the day, and Baldwin
was among the number of Reformers who lost their seats in consequence.
During the year that ensued he had no active share in the government of
the country but continued to be prominent among the ranks of the
moderate Reformers of York with whom his influence was constantly on the
increase. To his professional career also he devoted an assiduous
attention. He had, in 1827, married Augusta Elizabeth Sullivan, whose
mother was a sister of Dr. William Baldwin. He now (1829) entered into
partnership with his wife's brother, Robert Baldwin Sullivan, who had
been his fellow-student n his father's law office, a young man whose
showy Intellectual brilliance and lack of conviction contrasted with the
conscientious application of his painstaking cousin. Of Baldwin's public
life there is, however, during this period, nothing to record until the
advent of Sir Praticis Bond Head brought him for the first time into
public office.
Among the intimate
associates of the Baldwins in the year preceding the rebellion, there
was no one who sympathized more entirely with their political views than
Francis Hincks. Hincks came to Canada in the year 1830. He was born at
Cork on December 14th, 1807. and descended from an old Cheshire family
which for two generations had been resident in Ireland, in which country
he spent his youth. He received at the Royal Bedfast Institution a sound
classical training. He had early conceived a wish to embark in
commercial life, which his father, the Rev. T. D. Hincks, a minister of
the Irish Presbyterian Church, did not see fit to combat. He entered as
an articled clerk in the business house of John Martin & Co., Belfast,
where he spent five years.1 On the termination of his period of
apprenticeship Hincks resolved to see something of the world and sailed
for the West Indies (1830), visiting Barbadoes, Denieraraand Trinidad.
At Barbadoes, he accidentally fell in with a Mr. George Ross of Quebec,
by whom he was persuaded to sail for Canada. After spending some time in
Montreal he determined to visit Upper Canada and set out for the town of
York, travelling after the arduous fashion of those days "by stage and
schooner," a journey which occupied ten days. Hincks spent the winter of
1830-1 at York, conceived a most favourable idea of the commercial
possibilities of the little capital, and interested himself at once in
the threatening political crisis. He was a frequent visitor at the
Parliament House, a brick structure at the foot of Berkeley Street,
intended presently "to be adorned with a portico and an entablature,"1
whose gallery was open to the public. Here, and in the hall of the
legislative council, which, in the words of an enthusiastic writer,
"corresponded to the House of Lords" (being "richly carpeted, while the
floor of the House is bare,") Hincks listened to the exciting debates of
the session in which Mackenzie was denounced as a "reptile" and a
"spaniel dog," and expelled by the indignant majority of the Tory
faction. Early in 1831 he left Canada for Belfast to "fulfil a
matrimonial engagement" which he had already a Buckingham, contracted.
The matrimonial engagement being duly fulfilled (July, 1832), Hincks
returned to Canada to settle in York. Here he became one of the
promoters and a director of the Farmers' Joint Stock Banking Company;
from this institution Hincks very shortly seceded, on account of its
connection with the Family Compact. In company with two or three other
seceding directors he joined the Bank of the People, which was
established n the interests of the Reform party. Of this bank Hincks was
manager during the troubled period of the rebellion. With Robert Baldwin
and his father the young banker had already formed an intimate
connection. Hincks's house at No. 21 Yonge Street was next door to the
house occupied at this time by the Baldwins, to whom both houses
belonged.1 The acquaintance thus formed between the families ripened
into a close friendship from the time of his arrival at York. Hincks's
practical good sense had led him to sympathize wTith the moderate party
of Reform, and he now found in Robert Baldwin an associate whose
political views harmonized entirely with his own. In addition to his
management of the Bank of the People, Hincks was active in other
commercial enterprises. He became the secretary of the Mutual Assurance
Company, founded at Toronto shortly after his coming, and appears also
to have carried on a general warehouse business at his premises on Yonge
Street. That his eminent financial abilities met with ready recognition,
is seen from the fact that he was appointed, in 18.13, one of the
examiners to inspect the accounts of the Welland Canal, at that time the
subject of a parliamentary investigation. The practical experience and
insight into the commercial life of the colony which Hincks thus early
acquired, enabled him presently to bring to the financial affairs of
Canada the trained capacity of an expert.
At the time when
Baldwin, Hincks, and their friends among the constitutional Reformers of
Upper Canada were viewing with alarm the increasing bitterness which
separated the rival parties, a new lieutenant-governor arrived in the
province whose coming was destined to bring matters rapidly to a crisis.
Francis Bond Head was one of those men whose misfortune it was to have
greatness thrust upon them unsought. He was awakened one night at his
country home in Kent by a king's messenger, who brought a letter from
the colonial-secretary offering to him the lieutenant-governorship of
Upper Canada. Head was a military man. a retired half-pay major who
received his sudden elevation to the governorship with what he himself
has described as "utter astonishment." On the field of Waterloo and
during his experience as an engineer in the Argentine Republic, he had
given proof that he was not wanting in personal courage. Of civil
government, beyond the fact that he had been an assistant poor law
commissioner, he had no experience. Of politics in general he knew
practically nothing; of Canada even less. Nor had he a range of
intellect such as to enable him to rise to the difficulties of his
position. With a natural incapacity he combined a natural conceit, to be
presently enhanced still further by his elevation to a haronetcy.
Convinced of his own ability from the very oddness of his appointment,
he betook himself to Canada puffed up with the pride of a professional
pacificator. How Lord Glenelg, the colonial secretary, could have been
induced to make such an appointment, remains one of the mysteries of
Canadian history. Rumour indeed has not scrupled to say that the whole
affair was an error, that the name of Francis Head had been confused
with that of Sir Edmund Head, also a poor law commissioner and a young
man of rising promise and attainments. Hincks in his Reminiscences
asserts that he was informed of this fact in later years by Mr. Roebuck
and that a "distinguished imperial statesman had also spoken of it."
In so far as he had had
any political affiliations in England, Head had been a Whig. The news of
this simple fact had gone before him, and the Reform party were prepared
to find in him a champion of their interests; Sir Francis in consequence
found the role of saviour of the country already prepared for his
acceptance "It was with no little surprise," he writes in his Narrative,
in speaking of his first entry into Toronto (January, 1830), "I observed
the walls placarded with large letters which designated me as Sir
Francis Head, a tried Reformer." The administration on which the new
governor now entered was from first to last a series of blunders. It had
been impressed upon him by the British cabinet that he must seek to
conciliate the Reform party and to compose the factious differences by
which the province was torn. The Seventh Report on Grievances had
become, since his appointment, the object of his constant perusal, and
the Reformers of the province crowded about him in the fond hope of
political redress. It was impossible, therefore, that Sir Francis should
fail to make some advances to the Reform party. This indeed he was most
anxious to do, although the tone of his opening address to his
parliament, in which he asked for a loyal support of himself, already
began to alienate the sympathy of those whose support he was most
anxious to secure. As a pledge, however, of his good intentions, he
determined to add three members to his executive council and to fill
their places from among the Reform party. The men upon whom his choice
fell were Robert Baldwin, Dr, John Rolph, a leader of the Mackenzie
faction, and John Henry Dunn who had filled the office of
receiver-general but had not been identified with either of the rival
parties. In a despatch addressed to the colonial secretary, the
lieutenant-governor speaks thus of Baldwin:— "After making every enquiry
in my power, I became of opinion that Mr. Robert Baldwin, advocate, a
gentleman already recommended to your Lordship by Sir John Colborne for
a seat in the legislative council, was the first individual I should
select, being highly respected for his moral character, being moderate
in his politics and possessing the esteem and confidence of all
parties."
Parliament Buildings, Toronto, 1833
Now came a critical
moment in the history of the time. With a majority in the assembly and
with a proper control over the executive offices, the Reform party would
find themselves arrived at that goal of responsible government which had
been the object of their every effort. They conceived, nevertheless,
that the acceptance of office wras of no import or significance unless
it were conjoined with an actual control of the policy of the
administration. Such, however, was by no means the idea of Sir Francis
Head. The "smooth-faced insidious doctrine"2 of responsible government,
as he afterwards called it, and the self-effacement of the governor
which it implied, could commend itself but little to one who had
confessedly come to Canada as a "political physician" proposing to
rectify the troubled situation by his own administrative skill.
Interviews followed between Baldwin and Sir Francis Head, at Which the
former refused to hold office unless the remaining Tory members of the
executive, who were also legislative councillors,1 should be dismissed.
Baldwin indeed, suffering from Ihe domestic affliction he had just
sustained in the loss of his wife, appears to have been reluctant to
assume the cares of office. On reconsideration, however, the Reformers
decided to accept the positions offered and were duly appointed
(February 20th, 183G). It was, nevertheless, made quite clear to the
governor that Baldwin and his friends accepted office only on the
understanding that they must have his entire confidence. A letter,
written at this time by Bald-win to Peter Ferry, his father's friend and
fellow Reformer, accurately explains the situation and elucidates also
the full force of the "one idea" by which the writer was animated. "His
Excellency having done me the honour to send for me .... expressed
himself most desirous that I should afford him my assistance by joining
his executive council, assuring me that in the event of my acceding to
his proposals I should enjoy his full and entire confidence .... I
proceeded to state that .... I would not be performing my duty to my
sovereign or the country, if I .lid not with His Excellency's
permission, explain fully to His Excellency my views of the constitution
of the province and the change necessary in the practical administration
of it, particularly as I considered the delay in adopting this change as
the great and all absorbing grievance before which all others n my mind
sank into insignificance, and the remedy for which would most
effectually lead, and that in a constitutional way, to the redress of
every other grievance .... and that these desirable objects would be
accomplished without the least entrenching upon the just and necessary
pierogative of the Crown, which I consider, when administered by a
lieutenant-governor through the medium of a provincial ministry
responsible to the provincial parliament, to be an essential part of the
constitution of the province." Baldwin adds that the "call for an
elective legislative council which had been formally made from Lower
Canada, and which had been taken up and appeared likely to be responded
to in this province, was as distasteful to me as it could be to any
one."
The new ministry were
no sooner appointed than they found themselves in a quite impossible
position. Head had no intention of governing according to their advice.
On the contrary he proceeded at once to make official appointments from
among the ranks of their opponents, calling down thereby the censure of
the assembly. The new council now found themselves called to account by
the country for executive acts in which they had had no share. The 40
formal remonstrances which they addressed to the lieutenant'-governor
drew from him a direct denial of their cardinal principle of government.
"The lieutenant-governor maintains," they were informed, "that
responsibility to the people who are already represented in the House of
Assembly, is unconstitutional; that it is the duty of the council to
serve him, not them." To say this was, of course, to throw down the
gauntlet. The new ministers resigned at once (March 4th, 1836), and
henceforth there was war to the knife between the governor and the party
of Reform. The majority of the assembly, espousing the cause of the
outgoing ministers, refused to vote the appropriation of the moneys over
which it had control. Sir Francis had recourse to a dissolution (May
28th, 1836). In the general election which followed, he exerted himself
strenuously on the side of the Tories.1 To Lord Glenelg he denounced the
"low-bred antagonist democracy" which he felt it his duty to combat. In
an address issued to the electors of the Newcastle district, the voters
were told, "if you choose to dispute with me and live on bad terms with
the mother country, you will, to use a homely phrase, only quarrel with
your bread and butter." The Tories made desperate efforts. Large sums of
money were subscribed. The Anglican interest was enlisted on behalf of
the clergy reserves, the special landed provision for the Anglican
Church (under the Constitutional Act of 1791) out of which Sir John
Colborne, the preceding governor, had endowed forty-four rectories, a
policy to which the Reformers were bitterly opposed. The Methodists,
fearing to be carried to extremes, veered away from the party of
Reform.1 The latter, meanwhile, were not idle. Baldwin himself, indeed,
bad no share in the campaign, having sailed for England shortly after
his resignation, pursued by a letter from the irate governor to Lord
Glenelg in which lie was denounced as an agent of the revolutionary
party.
Meantime the Reform
party had organized a Constitutional Reform Society of Upper Canada
(.July I6th, 1830) of which Dr. William Baldwin was president and
Francis Hincks secretary. The programme of the society called for
"responsible advisers to the governor" and the "abolition of the
rectories established by Sir John Colborne." In the tumultuous election
which ensued, the governor and his party, with the aid of intimidation,
violence and fraud, carried the day. Sir Francis found himself supported
by a "bread and butter parliament," as the new assembly was christened
in memory of the Newcastle address. Henceforth the extreme party of the
Reformers lost hope of constitutional redress.
It is no part of the
present narrative to relate the story of the armed rebellion which
followed and which the subjects of the present biography had no share.
Mackenzie and his adherents now gathered the farmers of the colony into
revolutionary clubs. Messengers went back and forth to the malcontents
of Lower Canada. Vigilance committees were formed, and in secret hollows
of the upland and in the openings of the forest the yeomanry of the
countryside gathered at their nightly drill. Mackenzie passed to and fro
among the farmers as a harbinger of the coming storm. He composed and
printed a new and purified constitution for Upper Canada, blameless save
for its unconscionable length.1 An attack on Toronto, unprotected by
royal troops and offering a fair mark for capture, was planned for
December 7th, 1837. A veteran soldier, one Van Edmond who had been a
colonel under Napoleon, was made generalissimo of the rebel forces. The
whole affair ended in a fiasco. Rolpli, joint organizer of the revolt
with Mackenzie, fearing detection, hurriedly changed the date of the
rising to December 4th. The rebels gathering from the outlying country
moved in irregular bands to Montgomery's tavern, some three miles north
of the town, and waited in vain for the advent of sufficient members to
hazard an attack. In Toronto, for some days intense apprehension
reigned. The alarm bells rang, the citizens were hurriedly enrolled and
the onslaught of t he rebels was hourly expected. With the arrival of
support from the outside in the shape of a steamer from the town of
Hamilton with sixty men led by Colonel Allan MacNab, confidence was
renewed. More reinforcements arriving, the volunteer militia on a bright
December afternoon (December 7th, 1837) marched northward with drums
beating, colours flying, two small pieces of artillery following their
advance guard, and scattered the rebel forces iu headlong flight. The
armed insurrection, save for random attempts at invasion of the country
from the American frontier in the year following, had collapsed.
In the insurrectionary
movement, neither Baldwin nor Hincks, as already said, had any share.
The former who had now returned from England, did, however, play a
certain part in the exciting days of December, a part which m later days
bis political opponents wilfully misconstrued. Sir Francis Bond Head in
the disorder of the first alarm, whether from a sudden collapse of
nerves or with a shrewd idea of gaining time, was anxious to hold parley
with the rebels Robert Baldwin was hurriedly summoned to the governor
and despatched, along with Dr. John Rolph, under a flag of truce, to ask
of the rebels the reason of their appearance in arms. Baldwin and Rolph
rode out on horseback to Montgomery's tavern, where Mackenzie informed
them that the rebels wanted independence and that f Sir Francis Head
wished to communicate with them it must be done in writing. Rolph
meanwhile, who was himself one of the organizers of the revolt, entered
into private conversation with Samuel Lount changed later in Toronto for
his share in the rebellion), telling Lount. in an undertone to pay no
attention to the message. Baldwin returned to Toronto, but, finding that
the governor would put no message in writing, he again rode out to the
rebel camp and apprised Mackenzie of this fact. The peculiar nature of
this embassy and the known complicity of Rolph in the revolt, gave a
false colour in the minds of the malicious to Baldwin's conduct. By the
partisan press he was denounced as a rebel and a traitor. Even on the
floor of the Canadian parliament (October 13th, 1842) Sir Allan MacNab
did not scruple to taunt him with his share in the events of the revolt.
But it is beyond a doubt that, Baldwin had no complicity in the
rebellion, nor was his embassy anything more than a reluctant task
undertaken from a sense of public duty. -
While these affairs
were happening in Upper Canada, the insurrectionary movement in the
Lower Province had run a like disastrous course. The home government,
alarmed at the continued legislative deadlock, had ordered an
investigation at the hands of a special commission with a new
governor-general, Lord Gosford, (who arrived on August 23rd, 1835) at
its head. Gosford tried in vain the paths of peace, spoke the
malcontents fair and invited the leaders of the party to his t able. But
the assembly would nothing of Lord Gosford's overtures. Papineau denied
the powers of the imperial commissioners and boasted on the floor of the
assembly that an "epoch is approaching when America will give republics
to Europe."' The report of the commissioners (March, 1837) dissipated
the last hopes of constitutional redress. It condemned the principle of
an elective Upper House, declared that ministerial responsibility was
inadmissible, suggested that means should be found to elect a British
majority by altering the franchise, and recommended coercion in the last
resort. Following on the report came a series of resolutions moved in
the House of Commons by Lord John Russell, who declared in terms that
"an elective council for legislation and a responsible executive council
combined with a representative assembly would be quite incompatible with
the rightful iuter-relalionship of any colony with the mother country."
A bill was brought forward to dispose of the revenue of Lower Canada
without the consent of the assembly. After this the leader of the
movement saw no recourse but open rebellion. The peasanty of the
Montreal district, obedient to the call, took up arms. There was a
short, sharp struggle along the Richelieu, at the little villages of St.
Denis and St. Charles, and southward on the American frontier. Sir John
Colborne, hurriedly recalled to Canada to take command, crushed out the
revolt. Papineau fled to the United States, leaving to his followers
nothing but the memory of a lost cause.
Among those who had
warmly espoused the side of Reform m Lower Canada, but who, like Baldwin
and Hincks in the Upper Province, had had no sympathy with armed
insurrection, was Louis-Hippolyte LaFontaine. LaFontaine, the son of a
farmer of Boucherville,1 in the county of Chambly, was born in October,
1807. His grandfather had been a member of the assembly of Lower Canada
from 179G until 1801. LaFontaine was educated at the College of
Montreal, where he distinguished himself as well by the natural
alertness of his mind as by a stubborn self-assertion which rendered
somewhat irksome to him the narrow, clerical discipline of the
institution. After studying law in the office of a Mr. Roy, LaFontaine
entered upon legal practice in the town of Montreal. Here in 18.31 he
married Mile. Adele Bert helot, daughter of a Lower Canadian advocate,
who died, however, a few years later leaving no children. Into the
political struggle of the time Lafontaine threw himself with great
activity. He was elected a member of the assembly for Terrebonne in 1830
and became a supporter, though not entirely a follower, of the turbulent
Papineau. Between the two French-Canadian leaders, there were from the
start marked differences both of opinion and of purpose. Papineau, aware
of the great influence of the clergy,2 was anxious to conciliate their
interests and enlist their support. LaFontaine, bold if not heterodox in
his views, stood out as the champion against the traditional dominance
of the priesthood. Although LaFontaine had no sympathy whatever with
violent measures, he distinguished himself during the constitutional
agitation as one of the boldest of the agitators. His first action in
the legislature was to second a motion for the refusal of supplies, and
throughout the years preceding the rebellion, both from his place in
parliament and in the press, he exerted himself unceasingly in the cause
of the popular party. When the storm broke in 1837, he endeavoured in
vain to dissuade his fellow-countrymen from taking up arms. A few days
after the skirmishes on the Richelieu (December, 1837) he went from
Montreal to Quebec to beg Lord Gosford to call a meeting of the
legislature with a view to prevent further violence. On the refusal of
the governor to do so, LaFontaine took ship for England. Feaung,
however, that his complicity in the agitation preceding the Canadian
revolt might lead to his arrest, he fled from England and spent some
little time in France. Thence he returned to Canada in May, 1838. This
was the moment when Sir .John Colborne was busily employed in
extinguishing the still smouldering ashes of revolt. Wholesale arrests
of supposed sympathizers were made. An ordinance passed by Sir John
Colborne and his special council, appointed under the Act suspending the
constitution of Lower Canada,1 declared the Habeas Corpus Act to be
without force in the province. The prisons were soon filled to
overflowing. Among those arrested was Ilippolyte LaFontaine, an arrest
for which legal grounds were altogether lacking. LaFontaine, since his
return to Canada, had written a letter to Girouard, one of his
associates m the constitutional agitation, in regard to the frontier
disturbances of 1838, recommending, in what was clearly and evidently an
ironical Vein, a continuance of the insurrection. On the strength of
this and on the ground of his having been notorious as a leader of the
French-Canadian faction, he was arrested on November 7th, 1838, and
imprisoned at Montreal. The evident insufficiency of the charges against
him, led shortly to his release without trial.1 The collapse of the
rebellion, the flight of Papineau and O'Callaghan. and the arrest of
Wolfred Nelson and many other leaders, naturally induced the despairing
people of Lower Canada to look for guidance to the moderate members of
the party who had realized from the first the folly of armed revolt. In
the period of reconstruction which now followed under the rule of Lord
Durham and Lord Sydenham, LaFontaine was recognized as the leader of the
national Reform party of Lower Canada, energetic in its protest against
the proposed system of union and British preponderance but determined by
constitutional means, when the union was forced upon them, to turn it to
account in the interest of French Canada. |