THE sudden death of
Lord Sydenham occasioned an interregnum in the government of the
province, during which time the administration was carried on under Sir
Richard Jackson, commander of Her Majesty's forces in Canada. On October
7th, 1841, a new governor-general was appointed in the person of Sir
Charles Bagot, who arrived at Kingston on Monday, January 10th, 1842.
The news of his appointment had been the subject of a premature
jubilation on the part of the thorough-going Tories of the MacNab
faction. The nominee of the Tory government of Sir Robert Peel, and
himself known for a Tory of the old school, Sir Charles was expected to
restore to Canada an atmosphere of official conservatism which should
recall the serener days of the Family Compact. The sequel showed that
Sir Charles was prepared to do nothing of the kind. He was, indeed, a
Tory, but his long parliamentary and diplomatic training had stood him
in good stead. As an undersecretary of state tor foreign affairs and on
diplomatic missions at Paris, Washington and St. Petersburg, he had
learned the value of the ways of peace. At the Hague, whither he had
been sent in connection with the recent disruption of the kingdom of the
Netherlands, he had already had to face the problem of rival religions
and hostile races. The natural affability and kindness of his
temperament, combined with the enlightened wisdom of advancing years,
led him to seek rather to conciliate existing differences than to
inflame anew the smouldering embers of partisan animosity. Devoid of the
personal egotism which had so often converted colonial governors into
"domineering proconsuls," Sir Charles was willing to entrust the task of
practical government to the hands most able to undertake it. For the
role of pacificator, the new governor-general was well suited. His
distinguished bearing and upright can; age. and the ease with which he
mingled with all classes of colonial society rapidly assured hnn in the
province a personal esteem destined greatly to facilitate that
conciliation of rival parties which it was his hope to accomplish.
It only remained for
Bagot to find, among the political groups which divided his parliament,
a party, or a union of parties, strong enough to en able him to carry on
the government on these lines. As the parliament was not summoned for
eight months after his arrival, Sir Charles had ample time to look about
him and to consider the political situation which lie was called upon to
face. Visits to Toronto, Montreal and Quebec brought him into contact
With the political leaders of the hour, and enabled him to realize that,
with the ministry as it at the moment existed, it would not be possible
long to carry on the government. Indeed the Draper ministry had owed its
continued existence solely to the recognized value of certain of the
measures which it had initiated. It had enjoyed a sort of political
armistice, at the close of which a renewed and triumphant onslaught of
its opponents might naturally be expected. In particular the new
governor realized that it would be impossible to carry on the government
of the country without an adequate support from the French-Canadians.
lie made it, therefore, his aim from the outset to adopt towards them an
attitude of friendliness and confidence. Several important appointments
to office were made from among their ranks. Judge Vallieres, one of Sir
John Colbome's former antagonists, was made chief-iustiee of Montreal;
Dr. Meilleur, a French-Canadian scholar of distinction, became
superintendent of public instruction. As a result of this policy was
greeted in Lower Canada with signal enthusiasm and his memory7 has still
an honoured place in the annals of the province.
Meantime it had become
evident even to Mr. Draper that some reconstruction of the ministry and
some decided modification of its policy were urgently demanded. French
Canada was still loud in its complaints against its lack of proper
representation in the cabinet, against the injustice of the present
electoral divisions, and against local government by appointed officers.
"The government," said he Canadian, a leading journal in the Reform
interest,, " may keep us in a state of political inferiority, it may rob
us, it may oppress us. It has the support of an army and of the whole
power of the empire to enable it to do so. But never will we ourselves
give it our support in its attempt to enslave and degrade us." The tone
of the province was clearly seen in the bye-elections which took place
during the recess of parliament. D. B. Papineau, a brother of the ex-led
leader, was elected for Ottawa, James Leslie, who had been one of the
victims of the election frauds of 1841, was elected for Vercheres. Most
significant of all was the return to parliament of Louis Hippolyte
IiaFontaine. Baldwin, it will be remembered, had been elected in 1841
for two constituencies, Hastings and the fourth riding of York. He had
accepted the seat for Hastings, and the constituency of York was thereby
without a representative. He proposed to his constituents that they
should bear witness to the reality of the Anglo-French Reform alliance
by electing IiaFontaine as their representative. LaFontaine accepted
with cordiality the proposal of his ally. "I cannot but regard such a
generous and liberal otfer," he wrote in answer to the formal invitation
from the Reform committee of the ruling, "as a positive and express
condemnation, on the part of the freeholders, of the gross injustice
done to several Lower Canadian constituencies, which* in reality, have
been deprived of their elective franchise, and which, in consequence of
violence, riots and bloodshed, are now represented in the united
parliament by men in whom they place no confidence."
Sir Louis H. LaFontaine
To his new constituency
LaFontaine issued an address in which he urged the need of cooperation
between the French and English parties. "Apart from the considerations
of social order, from the love of peace and political freedom, our
common interests would alone establish sympathies which, sooner or
later, must have rendered the mutual cooperation of the mass of the two
populations necessary to the march of government. . . . The political
contest commenced at the last session has resulted in a thorough union
in parliament between the members who represent the majority of both
peoples. That union secures to the provincial government solid support
in carrying out those measures which are required to establish peace and
contentment." LaFontaine's candidacy was successful and he was elected
in September, 1841, by a majority of two hundred and ten votes.
It was the design of
Bagot to meet the impending difficulties of the situation, before the
meeting of parliament, by such a reconstruction of his ministry as
should convert it into a coalition in which all parties might be
represented. To men of moderate views, of the type of Sir Charles Bagot,
there is an especial fascination in the idea of a political coalition.
To subordinate the petty differences of party animosity to the broader
considerations of national welfare, is a task so congenial to their own
temperament that they do not realize how difficult it is for others. To
gather into a single happy family the radical and the reactionary, the
clerical and the secularist, is a hope as tempting as it is fatuous. The
initial success which had attended Bagot's efforts, the enthusiasm of
his reception in French Canada, concealed for the moment the
difficulties of the peaceful reunion which he proposed. At Montreal the
governor had been received by a "procession upwards of a mile in length,
while the hundred banners and flags which fluttered in the gentle
breeze, together with the animating strains of martial music, formed a
tout ememble which had never before been witnessed in Canada."
"The milleniuin," wrote
a British correspondent, a month or two later, "has certainly arrived.
Lord Ashburton has settled all difficulties between John Bull and
Brother Jonathan, and the lion and the lamb are seen lying down together
in Sir Charles Bagot's cabinet." This last allusion referred to the
elevation of Franc's Ilincks and Henry Sherwood to executive office. On
June 9th, 1842, Hineks was given the post of inspector-general. Previous
to the union this position (in each province) had been of a somewhat
routine character, the chief duties of its incumbent being to vouch for
the correctness of the warrants issued on the receiver-general.1 But
even in Sydenham's time it was intended that the office should be
converted into what might be called a Ministry of finance, and that the
inspector-general should hold a seat in the legislature as the official
exponent of the financial policy of the government. The voluntary
retirement of the Hon. John Macauley of Kingston, inspector-general for
Upper Canada, had made an opening, and Hincks was accordingly given the
position of inspector-general of Canada, while the former incumbent of
the office in Lower Canada was made deputy-inspector for the united
provinces.
It had been charged
against Hincks that, even during the preceding session of the
parliament, the prospect of this office had been held out as a bait to
allure him from his allegiance to the Reformers. But according to his
own statement no approaches of this kind were made to him at all during
the year 1841. Nor did he intend, in accepting a seat in the executive
council, which was to accompany the inspectorship, to forego any of his
previous principles. In his address to his Oxford constituents on the
occasion of his reelection on appointment to office, he said: "I have
accepted office without the slightest compromise of my well-known
political principles, and I shall not continue to hold it unless the
administration with which I am connected shall be supported by the
public opinion of the country." Nevertheless the bitter comments of the
rival factions on Hincks's appointment showed already the
impossibilities of a general reconciliation. " The appointment of Mr.
Hincks to the lucrative and important office of inspector-general," said
a contemporary journalist,1 "has been received with strong expressions
of disapproval by the great bulk of the loyal party of the province.. .
. Mr. Hincks has long conducted a journal which has been accused of
ministering sedition to r.ts readers, and at the breaking out of
Mackenzie's rebellion he stood with his arms folded, rendering no
assistance towards quelling the atrocious attempt of that mountebank.
... It is for these reasons that t he honours now bestowed on him are so
objectionable to a great part of the people." It will be noted that both
now and later it was an article of faith with the Tories that they were
the only loyal part of the population, a fiction which rendered any
political compromise with them all the more difficult to effect.
In order to offset the
appointment of Hineks, Bagot at the same time offered the post of
solicitor*-general for Upper Canada to Cartwright, a leading member of
the MacNab party. Cartwright declined the office, and forwarded to Sir
Charles Bagot a letter in explanation of his refusal. The recent
appointment, he said, had been viewed with disapproval by the
Conservative party to which he belonged. He construed it as an evidence
that the government was indifferent to the political principles of its
supporters, even when their principles were unfriendly to British
supremacy. The cry for responsible government was a danger to the
country, and was a request incompatible with the position of Canada as a
British colony. Of this dangerous movement, Mr. Hincks had been the
"apologist." He had been the defender of Papineau and Mackenzie up to
the very moment of the rebellion. To go into a government with "this
individual" would ruin Mr. Cartwright's character as a public man.1 As
Mr. Cartwright's objections appeared invincible, the post was offered to
one of his fellow Conservatives, Henry Sherwood, a lawyer of Toronto.
Mr. Sherwood, contrary to the expectation of his party, accepted the
office, entering upon his duties in July, 1842. The ministry was
therefore (in the month of August, 1842) of a decidedly multi-coloured
complexion, containing as it did, representatives of the Tories, the
Reformers, and of the old council. But it was the intention of Bagot to
carry his principle of combination still further, and to enlist, if
possible, the services of the two men most influential in the country,
Baldwin and LaFontaine. Of LaFontaine's support the governor felt a
particular need.
The ministry contained
no French-Canadians, and of the special offices which were concerned
exclusively with the affairs of Lower Canada, one (the office of
solicitor-general) had been rendered vacant by the elevation of Mr. Day
to the bench, while the incumbent of another (Ogden, the
attorney-general) was absent in England. It was becoming clear that,
unless a reconstruction could be effected, the present ministry would be
left almost unsupported in the House. Mr. Draper seems to have accepted
the situation with philosophic resignation. He was quite ready, if need
be, to resign his own place, and he harboured no delusions about his
ability to carry on the government with inadequate support. The meeting
of parliament at Kingston (September 8th, 1842) was made the occasion of
an attempt on the part of the governor to complete his system of
coalition. His speech from the throne, while referring to the prosperous
financial position of the government and the rapid progress of the
public works undertaken, expressed an ardent wish that "a spirit of
moderation and harmony might, animate the counsels of the parliament."
The debate on the address n answer to the speech was fixed for Friday,
September 13th. On that afternoon the governor, who had already been n
personal consultation with LaFontaine, wrote to him in the following
terms:—
"Having taken into my
most earnest and anxious consideration the conversation which passed
between us, I find my desire to invite to the aid of, and cordial
cooperation Math my government the population of French origin in tins
province, unabated. ... I have, therefore, come, not without difficulty,
to the conclusion that, for such an object, I will consent to the
retirement of the attorney-general, Mr. Ogden, from the office which he
now holds, upon its being distinctly understood that a provision will be
made for him commensurate with his long and faithful services. Upon his
retirement I am prepared to offer to you the situation of
attorney-general for Lower Canada with a seat in my executive council. .
. .
"Mr. Baldwin's
differences with the government have arisen chiefly from his desire to
act in concert with the representatives of the French portion of the
population, and, as I hope these differences are now happily removed, I
shall be willing to avail myself of this service. Mr. Draper has
tendered me the resignation of his office. I shall always regret the
loss of such assistance as he has uniformly afforded me, and I 'shall
feel the imperative obligation of considering his claims upon the
government, whenever an opportunity may offer of adequately
acknowledging them. . . .
"From, my knowledge of
the sentiments entertained by all the gentlemen who now compose my
constitutional advisers, I see no reason to doubt that a strong and
united council might be formed on the basis of this proposition. In this
persuasion I have gone to the utmost length to meet and even to surpass
your demands, and i f, after such an overture, I shall find that my
efforts to secure the: political tranquillity of the country are
unsuccessful, I shall at least have the satisfaction of feeling that I
have exhausted all the means which the most anxious desire to accomplish
the great obiect has enabled me to devise.
" I have the honour,
etc,
"C. Bagot."
The promise was given
in the same letter that the position of solicitor-general for Lower
Canada should be filled according to LaFontame's nomination, provided
only that the person nominated was British. The conimissionership of
Crown lands was likewise to be offered to M. Girouard, a former
associate and friend of LaFontaine during the constitutional struggle
preceding the rebellion. At the same time a pension was to be granted to
Mr. Davidson, the previous commissioner, an old servant of the
government. That the proposal thus made went a long way towards meeting
the demands of the Reform party can be seen by reading the comments on
it in the Tory press, when the letter was subsequently read out in the
assembly by Mr. Draper as a proof of the intractable attitude of the
Reformers. " Incredible and humiliating as it may appear," said the
Toronto Church, "it was really written by Sir Charles Bagot to Mr.
LaFontaine. ... A Radical ministry cannot last long. Loyal men need not
despair; they have G-od on their .tide. We must begin to agitate for a
dissolution of the union between Upper and Lower Canada, or a federal
union of all the British North American provinces." It will be seen from
this that the exasperated Tories claimed a monopoly, not only of loyalty
to the Crown, but even of the sheltering protection of Providence.
Flattering as was Sir
Charles Bagot's proposal, LaFontaine, after hurried consultation with
his future colleague, did not see fit to accept it. It had been the aim
of the Reform leaders not merely to obtain office for themselves
personally but to force a resignation of the whole ministry, to be
followed by a cabinet reconstruction in due form. Even with Draper
absent, there were several members of the existing administration,
notably Sherwood, the Tory solicitor-general just appointed, with whom
they would find it difficult to cooperate. To accept the responsibility
of providing pensions for Ogden and Davidson seemed to LaFontaine,
wrongly perhaps, a bad constitutional precedent. The suggestion of
giving pensions was not indeed without defence, under the circumstances.
Davidson was an old public servant who had taken no active part in
politics, and who had no wish to continue to hold an office which was
now to be made a subject of party appointment and dismissal.1 The office
held by Ogden had also been non-political at the time of his assuming
it. But a further objection to the proposal lay in the fact that the
united Reformers were 5n complete command of the situation, and could
afford to insist on better terms of' entry upon office than those
offered by Sir Charles Bagot.
Foiled in the plan of
friendly reconstruction, there was nothing for it for the government but
to fight its way with the address as best it might. The resolutions fox
the adoption of a cordial response to the speech from the throne were
the signal for a debate of unusual interest and excitement, during which
the galleries of the legislative chambers were packed With eager
listeners who felt that the fate not only of the government, but of the
system of government, hung on the issue. The newspapers of the day
testify to the intense interest occasioned by the prospect of the
approaching trial of strength. This afternoon," writes the Toronto
Herald of September 13th, "the great battle commenced. The war is even
now being carried into the enemy's camp—excitement increases—members
rave—the people wax furious —and where it will end no one can guess." "
The House was so crowded," complained a local journalist, " that we were
unable to obtain any space for writing in, and had to rely on our
recollection for an abstract of the day's proceedings."
Mr. Draper was too keen
a fighter to surrender tamely and without a struggle. He addressed the
House in what was called by the Kingston Chronicle, "one of the most
splendid and eloquent speeches we have ever heard." He submitted to the
consideration of the assembly an account of the unsuccessful attempt to
obtain the services of LaFontaine in the government. It had been
recognized, he said, that it was absolutely right that the gentlemen
representing the population of French Canada should have a share in the
administration of affairs. It had not escaped attention that an alliance
had been formed between the representatives of French Canada and the
honourable member for Hastings. When the government had opened
negotiations wit h the honourable member for the fourth riding of York
(Mr. LaFontaine), it had appeared that the inclusion of Mr. Baldwin in
the government was made a sine qua non. He (Mr. Draper) had felt that he
could not remain in the council if Mr. Baldwin were brought into it. It
was for this reason that he had tendered his resignation. Mr. Draper
then read aloud the governor's letter to LaFontaine. On what grounds His
Excellency's proposal had been declined he would leave to the honourable
members opposite to explain.
LaFontaine and Baldwin
both spoke in answer. LaFontaine spoke in French, At the opening of his
speech he was interrupted by a member asking him to speak in English.
LaFontaine refused. "Even were I as familiar with the English as with
the French language," he said* "I should none the less make my first
speech in the language of my French-Canadian compatriots, were it only
to enter my solemn protest against the cruel injustice of that part of
the Act of Union which seeks to proscribe the mother tongue of half the
population of Canada." In the course of his speech I/a Fontaine dwelt
upon the unfair position in which French Canada was placed and its lack
of representation in the cabinet. He had no wish for office unless his
acceptance of it should mean the introduction of a new regime. In
default of that, " in the state of enslavement in which the iron hand of
Lord Sydenham sought to hold the people of French Canada, in the
presence of actual facts which still bespeak that purpose, he had (in
refusing), but one duty to fulfil,--that of maintaining that personal
honour which has distinguished his compatriots and to which their most
embittered enemies are compelled to do homage."'
Baldwin, following
LaFontaine with an amendment to the address embodying a declaration of
want of confidence, was able to feel that his hour of triumph had come.
The government at the close of the last session had acquiesced in the
resolutions affirming the principle of responsible 128 government; these
they must now repudiate or inevitably find themselves out of office.
Baldwin could scarcely be called an eloquent speaker. His language was
often cumbrous and was devoid of imagery. But in moments such as the
present he was able to present a clear case with overwhelming force. He
challenged the government to abide by the principle which they had
avowed. In that principle lay the future safety of the imperial
connection and the union of the Canadas. "I will never yield my desire,"
he said, '* to preserve the connection between this and the mother
country : and although it is said a period must arrive demanding a
separation, I, for my part, with the principle that has now been avowed
being acted on, cannot subscribe to that opinion. If a conciliatory
policy is adopted towards all the people of this country, such an
opinion could have no existence. I was, and still am. an advocate of the
union of the provinces, but an advocate not of a union of parchment, but
a union of hearts and of free born men."
If, the speaker
continued, the ministry believed it but an act of justice to the LowTer
Canadians to call some of their representatives to the councils of their
sovereign's representative, why had they kept this conviction pent up In
their own minds without the manliness to give it effect t They admitted
the justice of the principle but had not the manliness to give it
effect. Out of their own mouths they stood convicted. Other members
joined in the debate. Aylwin denounced the government m unstinted terms.
The letter to LaFontaine, he said, was a trick. It was intended to
increase discord. Mr. Draper had said that he was unwilling to remain in
office as a colleague of Mr. Baldwin. He could not act with the master,
but he had no objection to acting with the disciple. This sneering
allusion to Hincks provoked from that member an embittered denial of the
aptness of the phrase. He had never been, he said, a disciple of Robert
Baldwin; the great question on which they had agreed, and for which they
had acted together, had been responsible government; that was near
settled and conceded. The policy of the administration had been worthy
of support, and he had supported it.
The attack thus opened
on the government waged hotly through the sitting of the afternoon and
evening. Bartlie of Yamaska, Viger and others joined in the onslaught.
When the debate was at last adjourned, a little before midnight, it was
plain to all that if a vote should be taken on Baldwin's amendment the
government must inevitably succumb. It was in vain that Sullivan in the
Upper House had undertaken the defence of the government with his usual
brilliance and power; in vain that he had tried to show that the
Reformers were merely a party of obstruction, bent on impeding the
legitimate operation of government for their 130 own selfish ends. "Are
we," he cried. "to carry on the government fairly and upon liberal
principles, or by dint of miserable majorities,? by the latter or by the
united acclamations of the people? We wish to know, in fact, whether
there is sufficient patriotism to allow us to work for the good of the
people."
The argument against
miserable majorities, whatever it might mean to a philosopher, was
powerless to meet the situation or to save the government from its
imminent defeat, Great, therefore, was the expectation of the public for
a renewal of the struggle on the following day. The halls and galleries
of the legislature were packed with an expectant audience. All the
greater was the surprise of the spectators to find that the storm which
had raged so fiercely in the House had now suddenly and entirely
subsided. Very obviously something had happened. The members of the
assembly, who yesterday had appeared instinct with an eager intentness,
now sat with quiet composure in their luxurious chairs of "green moreen,"
meditating in silence or even chatting and joking with their fellows.
There was for a moment a thrill of expectation in the audience when
Hineks arose; he, if any one, might be expected, with liis incisive
speech and telling directness, to precipitate an encounter. Rut, to the
disappointment of the listening crowd n the galleries, the
inspector-general merely moved that the debate on Mr. Baldwin's
amendment, should be postponed till Friday. The quiet acceptance of this
proposal by the House showed that the majority of the members were aware
of its meaning. The government, unable to face the rising storm of
opposition, had capitulated. Mr. Draper's resignation was again to be
handed in, and a general reconstruction of the ministry was to be
effected. Some few of the members ventured an immediate protest. Dr.
Dunlop, an "independent" member for Huron, known as "Tiger Dunlop,"
denounced the contemplated adjustment. The political transformation that
seemed about to be accomplished would introduce, he said, within a space
of twenty.-, four hours, changes as extraordinary as those witnessed by
Rip Van Winkle after a lapse of twenty years. The new ministry that was
in the making would be as composite as Nebuchadnezzar's dream; he would
not be invidious enough to say who would be the head of gold or who the
feet of brass, but the greater part of it he feared would be of dirt.
In despite, however, of
Dr. Dunlop's sallies and the loud outcry of the Tory press, the proposed
arrangement was carried to its completion. Baldwin withdrew his
amendment; Mr. Draper resigned, and LaFontaine and his colleague entered
upon office. The change effected was not a complete change of cabinet,
inasmuch as Hincks, Ivillaly, Sullivan and three others still remained
in office. As Ilincks has pointed out, the name, " LaFontaine-Baldwin
ministry" commonly applied to the new executive group is therefore
inaccurate.1 Sullivan was in reality the senior member of the council.
But in the wider sense of the term the designation, "LaFontame-Baldwin
ministry." indicates the essential principle of its reconstruction, and,
as a matter of historical nomenclature, has long met with a general
acceptance. The formation of the ministry involved a certain element of
compromise. The disputed question of the pensions was left as a matter
of individual voting, and in the sequel was satisfactorily arranged,
Ogden being given an imperial appointment and Davidson a collectorship
of customs. It was not, according to Hineks,2 definitely and formally
stipulated that the ministers left over from the old ministry should
retain their seats on condition of conforming to the policy of then' new
chiefs. But, with the exception of Sullivan, their known opinions were
such as to render this conformity more or less a matter of course. The
ministry as finally constituted —the change occupied two or three weeks
—was as follows :—
Canada; Robert Baldwin,
attorney-general for Upper Canada; R. B. Sullivan, president of the
council; J. H. Dunn, receiver-general; Dominick Daly, provincial
secretary for Lower Canada; S. B. Harrison, provincial secretary for
Upper Canada; II. II. Killaly, president of the department of public
works; F. Hincks, inspector-general of public accounts ; T. C. Aylwin,
solicitor-general for Lower Canada; J. E. Small, solicitor-general for
Upper Canada; A. N. Morin, commissioner of Crown lands. The last named
office had been declined by Mr. Girouard, whose name had been mentioned
in Sir Charles Bagot's letter, and was, at LaFontaine's suggestion,
conferred upon Morin, his most intimate friend and political associate.
The incoming ministers,
in accordance with parliamentary practice, now resigned their seats and
submitted themselves to their constituents for reelection. The election
of LaFontaine in what the Tories called his ''rotten borough" of the
fourth riding of York, was an easy matter. Baldwin, on the other hand,
encountered a stubborn opposition. The following newspaper extracts
(both taken, it need hardly lie said, from journals opposed to the new
ministry) may give some idea of the elections of the period and the
virulence of the party politics of the day.
"The Hastings election
commenced on Monday'. At half past ten the speeches began and lasted
till three. Although Mr. Baldwin came in with a large procession and Mr.
Murney had none, yet the latter was listened to with extreme attention,
and spoke admirably. Mr. Baldwin could not be heard half the time, there
was incessant talking while he spoke. At five o'clock 011 Tuesday
evening the poll stood thus:—Murney, 130; Baldwin, 124. The poll does
not close till Saturday night. Let every loyal man consider that on his
single vote the election may depend, and let him immediately hasten and
record it for Murney.
"The fourth riding
election commenced on Monday. William Roe. Esq., a popular and loyal
man. resident at Newmarket, opposes Mr. LaFontaine* The poll is held at
David-town (fit place!). By the last accounts the votes stood thus:—LaFontaine,
191 ; Roe, 71. Mr. Roe was recovering his lost ground and will fight
manfully to the last. Every out-voter should repair to his aid. Saturday
will now be too late."
"The Hastings election
has terminated in favour of Mr. Murney. The numbers at the last were:—
Murney, 482 ; Baldwin. 433. A number of shanty-men having no votes were
hired by Mr. Baldwin's party to create a disturbance. They did so, and
ill treated Mr. Murney's supporters. The latter, however, rallied and
drove their dastardly assailants from the field. Two companies of the
23rd Regiment were sent from Kingston to keep the peace, and polling was
most unjustly discontinued for one day. The returning officer, Mr.
Sheriff Moodie, is described to us, on good authority, as having
entirely identified himself with the Baldwin party. He has made such a
return as will prevent Mr. Murney from taking his seat, and no doubt the
tyrannical and anti-British majority in the House will sustain him n any
injustice, especially if t be exceedingly glaring."
A less prejudiced
journal1 gives the following more impartial account of the same
proceedings:— "On Wednesday, (October 5th), t appears that bodies of
voters, armed with bludgeons, swords, and firearms, generally consisting
of men who had no votes but attached to opposite parties, alternately
succeeded in driving the voters of Mr. Baldwin and Mr. Murney from the
polls. . . . One man had his arm nearly cut off by a stroke of a sword,
and two others are not expected to live from the blows they have
received. All the persons injured whom we have mentioned were supporters
of Mr. Baldwin, but we understand that the riotous proceedings were
about as great on the one side as the other."
Baldwin was of course
compelled to seek another constituency! The election n the second riding
of York had been declared void and Baldwin was put up as a candidate by
well-intentioned friends, in despite of the fact that he had already
arranged to offer himself to a Lower Canadian constituency. The upshot
was that Baldwin, who made no canvass of the York electors, was again
beaten. But his allies m French Canada were now only too anxious to make
a fitting return for his action in this respect towards LaFontaine. For
the debt of gratitude incurred, an obvious means of repayment suggested
itself. Several French-Canadian members offered to make way for the
associate of their leader. Baldwin accepted the offer of Mr. Borne, the
member for Rimouski, for which constituency he was finally elected
(January 30th, 1843), but not until after the session had closed.
The incoming of the
first LaFontaine-Baldwin ministry as thus constituted, offers an
epoch-making date in the constitutional history of Canada. It may with
reason be considered the first Canadian cabinet,1 in which the principle
of colonial self-government was embodied. This is not to say that it
marks the establishment of responsible government in Canada, for to
assign a date to that might be a matter of some controversy. Durham had
recommended responsible government; Russell in his celebrated despatch
had indicated, somewhat vaguely, perhaps, the sanction of the home
government to its adoption; Sydenham had evaded, if not denied, it. Even
after this date, as will appear in the sequel, Metcalfe refused to
accept it as the fundamental principle of Canadian government. Not until
the coming of Lord Elgin can it be said that responsible government was
recognized on both sides of the Atlantic as a permanent and essential
part of the administration of the province. But it remains true that in
this LaForitaiue-Baldwin ministry we find for the first time a cabinet
deliberately constituted as the delegates of the representatives of the
people, and taking office under a governor willing to accept their
advice as his constitutional guide m the government of the country.
The distinct advance
that was thus made in the political evolution of the British colonial
system becomes more apparent upon a nearer view of the attendant
circumstances of the hour. At the present day the people of Britain and
the British colonies have become so accustomed to the peaceful operation
of cabinet government that they are inclined to take it for granted as
an altogether normal phenomenon, the possibility and the utility of
which are self-evident. It is no longer realized that responsible
government, hke the wider principle of government by majority rule,
rests after all upon convention. Unless and until the minority of a
country are willing to acquiesce in the control of the majority, the
whole system of vote counting and legislation based on it is impossible.
In a community where the voters defeated at the polls resort to violence
and rebellion, majority rule loses its political significance, for this
significance lies in the fact that it has become a general political
habit of the community to accept the decision of the majority of
themselves. On this presumed consensus, this general agreement to submit
if voted down, rests the fabric of modern democratic government, The
same is true, also, of the particular form of democratic rule known as
cabinet or responsible government: t presupposes that the beaten party
recognize the political right of their conquerors to take office; that
they will not consider that the whole system of government has broken
down merely because they have been voted out of power; nor meditate a
resort to violent measures, as if the political victory of their
opponents had dissolved the general bonds of allegiance. So much has
this party acquiescence become in our day the traditional political
habit, that m British, self-governing countries His Majesty's ministers
and His Majesty's Opposition circulate n and out of office with decorous
alternation, each side recognizing in the other an institution necessary
to its own existence. Rut at the period of which we speak the case was
different,. To the thorough-going Tories the admission to office of
LaFontaine, Baldwin and their adherents seemed a political crime.
Loyalty raised its hands in pious horror at the sight of a ministry whom
it persisted iii associating with the lost cause of rebellion and
sedition, and one of whose two leaders was under the permanent stigma
attaching to an alien name and descent. Even the traditional Up service
due to colonial governors was forgotten, and the Tory press openly
denounced Bagot as a feeble-minded man led astray by a clique of
seditious and irresponsible advisers.
The journals of the
autumn of 1842 are filled with denunciations of the new government. "If
the events of the past few weeks," wrote the Montreal Crazette, "are to
be taken as a presage of the future —and who doubts it?—Lower Canada is
no longer a place of sojourn for British colonists. A change has come
over the spirit of our dream in the last few weeks, so sudden, so
passing strange, that we have been scarcely able to comprehend its
nature and extent. By degrees, however, the appalling truth develops
itself. Every post from Kingston confirms the fact that the British
party has been deliberately handed over to the vindictive disposition of
a French mob, whose first efforts are directed towards the abrogation of
those lawrs which protect property and promote improvement. Every step
in the way of legislation since the 8th ultimate, has been a step
backward, and the heel falls each time, with insulting ingenuity, on the
necks of the British. ' Coming events cast their shadows before.' They
are cast broadly and ominously, almost assuming in our sad and most
reluctant eyes, the mysterious characters of sacred writ—."
The Montreal Transcript
was even more outspoken in its denunciation. "To a governor without any
opinion of his own and ready to veer about at every breath of
opposition, no worse field could have been presented than Canada. Were
Ilis Excellency only resolute, the presence of three or four men in 1 is
cabinet could not avail to render him powerless and passive. But from
the moment that the patronage of the Crown was surrendered, ui such an
unexampled manner, to such men—from the moment a scat in the cabinet was
offered and pressed upon a man1 who had fought in open rebellion and
faced the fire of British musketry in a mad attempt to carry out his
hostility to the government that then was- -from that moment the
governor placed himself with his hands tied in the power of his new
advisers." Another leading Conservative paper did not scruple to say
that the composition of the present cabinet is the germ of colonial
separation from the mother country."
One can understand how
great must have been the difficulties of Bagot's situation. It was not
possible for him merely to fold his hands and to announce himself, with
general approval, as the long-desired constitutional governor. If he
attempted to actually govern, the Reformers would be up in arms; if he
left the government to his ministers, he must face tin: outcry of the
Tory faction. The ideal of one party was the abomination of the other.
The French press was of course loud in its praise of the new policy.
"To-day," said Iinerve, in speaking of the formation of the ministry, "
commences a new era, and one which will be signalized by the
administration of equal justice towards all our fellow-citizens and the
return of popular confidence in the government." "The great principle of
responsibility," said the same journal, "is thus formally and solemnly
recognized by the representative of the Crown, and sealed with the
approbation of the assembly. From this epoch dates a revolution,
effected without blood or slaughter, but none the less glorious." But
the more the French press praised Bagot's action, the more did the "
loyal" newspapers denounce it, subjecting the governor to personal
criticism and abuse entirely out of keeping with the system he laboured
to introduce. "To hear the stupid Aurore and the venomous Minerve
lauding a British governor," declared the Toronto Patriot, "is surely
proof plain that he is not what he might be; that he is a changed man
and not worthy of the cordial sympathy of the Conservative and loyal
press of Canada." It is small wonder that Bagot's health began to suffer
severely from the anxiety and distress of mind occasioned by these
malignant attacks upon his character.
A proper appreciation
of the state of public feeling evidenced by such extracts renders clear
the great significance of the LaFontaine-Baldwin alliance in the history
of Canada. Its importance is of a double character. It afforded, in the
first place, an object lesson in the principle of responsible
government; for it showed in actual operation a group of ministers
united in policy, backed by an overwhelming majority in the popular
branch of the legislature, and receiving the constitutional approval of
the governor, of whom they were the advisers. Henceforth responsible
government, the "one idea" of Robert Baldwin, was no longer merely an
"idea"; it was a known and tried system whose actual operation had
proved its possibility. Its trial, indeed, in the present case was but
brief, yet brief as it was, it remained as an ensample for future
effort. But the new government had a furt her significance. It indicated
the only possible policy by which the racial problem in the political
life of Canada could find an adequate solution. To the old-time Tory the
absorption, suppression, or at any rate the subordination of French
Canada seemed the natural, one might; say the truly British and loyal,
method of governing the united country. From now on a new path of
national development is indicated in the alliance and cooperation of the
two races, each contributing its distinctive share to the political life
of the country, and each finding in the other a healthful stimulus and
support. This is the principle, entirely contrary to the doctrines of
the older school, first introduced by the alliance of Baldwin and
LaFontame, which has since governed the destinies of Canada. On the
validity of this principle the future of the country has been staked.
If we pass from the
general consideration of the ministry before us to the legislative
history of its first session, there is but little to record. The session
was but of a month's duration (September 8th to October 12th. 1842), the
new ministers during the first part of it were still seeking reelection,
and time was lacking for a wide programme of reform. Such measures as
were carried, however, indicated clearly the policy which it proposed to
follow: to conciliate the people of French Canada by removing some of
the more burdensome restrictions imposed by the special council and to
make at least a beginning of a programme of reform, was the cardinal aim
of the government. The first law placed upon the statute-book for the
session—the law in regard to elections —evinced this latter purpose. The
elections of the day were notoriously corrupt, Fraud and violence had
been the rule rather than the exception. Under the existing system there
was but a single polling place for each constituency, an arrangement
which favoured riotous proceedings and the assemblage of tumultuous
crowds. The new election law1 provided that there should be a separate
polling place in each township or ward of every constituency, and that
each elector should vote at the polling place of the district where his
property was situated. Electors might be put on oath as to whether they
had already voted. The polls were to stay open only two days. An oath in
denial of bribery could be imposed on any voter, if it were demanded by
two electors. Firearms and other weapons might be confiscated by the
returning officer, under penalty, in case of resistance, of fine and
imprisonment. Under similar penalties it was forbidden to make use of
ensigns, standards or flags, "as party flags," to distinguish the
supporters of a particular candidate, either on election day or for a
fortnight before or after; a similar prohibition was laid down against
"ribbons," "labels" and "favours" used as party badges. These last
clauses offered an easy mark for the raillery of the Conservative press,
and offered a favourable opportunity for wilful misinterpretation by
pressing into service the never-tailing Union Jack and British loyalty.
The Patriot of Toronto speaks as follows of the tyranny of the election
law:—
"This law also
prohibits, under penalties of fines of fifty pounds, and imprisonment
for six months, or both, the exhibiting of any ensign, standard, colour,
flag, ribbon, label or favour, whatever, or for any reason whatsoever,
at any election or on any election day. or within a fortnight before or
after such a day!!! So that any body of honest electors who for a
fortnight before or after an election (being a period of one month),
shall dare to hoist the Union Jack of Old England, or wear a green or
blue ribbon m the button-hole, shall be fined fifty pounds or irnprisont*!
six months, or both, under Mr. Baldwin's election bill. We defy the
whole world to match this bill for grinding and insupportable tyranny.
Verily, Messrs. LaFontaine and Baldwin, ye use your victory over the poo>\
loyal serfs of Canada with most honourable moderation! How long this
Algerme Act will be allowed to pollute our statute-book remains yet to
be seen."
Another statute2 of the
session undertook to remedy the injustice done by Lord Sydenham towards
the city constituencies of Montreal and Quebec. He had used the power
conferred upon ham under the Act of Union3 to reconstruct these
constituencies by separating the cities from the suburbs1; under the
present statute the "ancient boundaries and limits " of the cities were
restored. A further reversal of Lord Sydenham's policy was seen in the
repeal* of a series of ordinances by which the special council had
undertaken to alter the system of law courts in Lower Canada. Sydenham's
Act in reference to winter roads in Lower Canada, a needlessly officious
piece of legislation, was also partially repealed.1 A special duty of
three shillings a quarter was imposed upon wheat from the United States;
a loan of one million, five hundred thousand pounds sterling was
authorized, and the sum of eighty-three thousand, three hundred and six
pounds was voted for the civil list. A resolution was, moreover, passed
by a large majority of the assembly (forty against twenty) declaring
that Kingston was not suitable to be the scat of government. The session
came to an end on October 12th, 1842. A useful beginning had been made
but no legislation of a sweeping character had been passed. The
adversaries of the government did not hesitate to taunt the ministry
with having promised much and done little. "After all the rumpus about
responsible government," said the Woodstock Herald, " the session is
over, and we are all just as we were— waiting for something, we scarcely
know what. But we all know that the parliament has shown itself nothing
but a debating club."
At the time of their
first ministry both LaFontaine and Baldwin may be said to have been
entering upon the prime of life. Baldwin was thirty-eight years old,
LaFontame only thirty-four. In personal appearance they presented in
many ways a contrast. LaFontaine was a man of striking presence, of more
than ordinary stature, and robust and powerful frame. His massive brow
and regular features, the thoughtful east of his countenance and the
firm fines of the mouth, offered an almost exact resemblance to the face
of the Emperor Napoleon. On his visiting the Invalides in Paris,
LaFontaine was surrounded by the veterans of Napoleon's guard, who are
said to have thrilled with emotion at seeing among them the walking
image of their dead emperor. When Lady Mary Bagot, who remembered the
emperor, saw LaFontaine for the first time she could not repress an
exclamation of astonishment, "I was not certain that he is dead," she
cried, "I should say it was Napoleon." The habitual gravity of
LaFontaine's manner and the dignity of his address enhanced still
further the impression of power conveyed by his firm features and steady
eye. His colleague was a man of different type and less striking in
general appearance. In stature Baldwin stood rather above the average,
being about five feet ten inches in height, though his heavy frame and
the slight stoop of his broad shoulders prevented him from appearing a
tall man. His eyes were grey and his hair of a dark brown, as yet
untinged with grey. The features were lacking n mobility7 and the
habitual expression of his face was that of serious thought, but the
extreme kindliness of his heart and the truthfulness of his whole being,
coupled with a manner that was unassuming and free from conceit, lent to
his address a suggestion of rugged honesty and force and extreme 148
gentleness, that won him the unfailing affection of those about him.
As the autumn
progressed, disquieting rumours began to prevail in regard to the state
of the governor-generals health. It is a strange thing that thrice
running the destinies of Canada should have been profoundly affected by
the premature death of those sent out to administer its government.
"Canada has been too much for him," John Stuart Mill had said of Lord
Durham. With equal truth might it be said that Canada had proved too
much for Sir Charles Bagot. The governor had come to the country in
excellent health. The firm and vigorous tone in which he had read his
first and only speech from the throne had been the subject of general
remark, and had seemed to indicate that Bagot was destined for a
vigorous old age. But the cares of office weighed heavily upon him. He
had not anticipated that his policy of good-will and conciliation would
have exposed him to the bitter attacks of the discomfited Tories; still
less had he expected that his conduct, as appears to have been the case,
would have been an object of censure at the hands of the home
government. It is undoubted that the symptoms of heart trouble and
general decline which now began to appear were aggravated by the
governor's sense of the failure of his mission as peacemaker, and by the
distress caused by the crude brutality of his critics.
The autumn months of
1842 must indeed have been full of bitterness to Bagot. The opposition
to his administration had assumed a personal note, for which the
rectitude of his intentions gave no warrant. Organizations called
Constitutional Societies, :n remembrance of Tory loyalty before the
rebellion, had sprung nto new life. The parent society at Toronto was
reproduced in organizations in the country districts. The "anti-British
policy of Sir Charles Bagot" was denounced in the plainest terms. His
ministry was openly branded as a ministry of traitors and rebels. The
influence of Edward Gibbon Wakefield and other private advisers was made
a salient point of attack, and the governor was represented as
surrounded by a group of counsellors—"the Hinckses, the Wake-fields and
the Girouards, remarkable for nothing but bitter hatred to monarchical
and loyal institutions." The press of the mother country joined in the
outcry. The Times undertook to demonstrate the folly of admitting to the
ministry a man like LaFontaine, "who," it asserted, "had had a price set
upon his head." The Morning Her aid'2 went still further; it declared
the whole system of representative institutions m Lower Canada a
mistake. That province, it said, needed "despotic government, strong,
hist and good- administered by a governor-general responsible to
parliament." " If Sir Charles Bagot be right," it argued, "then Lord
Gosford and Sir Francis Head must have been wrong," which evidently was
absurd.
In how far the British
government itself joined in these censorious attacks cannot accurately
be told, but Bagot had certainly received from Lord Stanley, the
colonial secretary, letters condemning the policy he had seen fit to
adopt. The Duke of Wellington had denounced the acceptance of the new
Canadian ministry by the governor as surrendering to a party still
affected with treason. "The Duke of Wellington," wrote Sir Robert Peel,
" has been thunderstruck by the news from Canada. He considers what has
happened as likely to be fatal to the connection with England. . .
Yesterday he read to me all the despatches, and commented on them most
unreservedly. He perpetually said, 'What a fool the man [Bagot] must
have been, to act as he has done 1 and what stuff and nonsense he has
written ! and what a bother he makes about his policy and his measures,
when there are 110 measures but rolling himself and his country in the
mire!'" Even Peel himself felt by no means easy about the situation, nor
did he accept the absolute validity of the constitutional principle as
applied to Canadian government. " I would not," he wrote to Stanley,
"voluntarily throw myself into the hands of the French party through
fear of being in a minority. ... I would not allow the French party to
dictate the appointment of men tainted by charges, or vehement
suspicion, of sedition or disaffection to British authority, to be
ministers."
As the winter drew on
it was evident that Sir Charles could no longer adequately fulfil his
duties. He was obliged to postpone the meeting of the parliament which
was to have taken place in November. His physicians urgently recommended
that he should relinquish his office, and the oncoming of a winter of
unwonted severity still further taxed his fading strength. He forwarded
to the borne government a request for his recall. In view of his
enfeebled condition-, the government was able to grant his prayer
without seeming to reflect upon the character of his administration. But
Bagot was not dest ined to see England again. Though released from
office 011 March 30th, 1843, the day on which he yielded place to Sir
Charles Metcalfe, he was no longer in a condition to undertake the
homeward voyage, and was compelled to remain at Alw ington House, in
Kingston. Six weeks later, (May 19th. 1843), his illness terminated in
death. Before going out of office he had uttered a wish to his assembled
ministers that they would be mindful to defend his memory. The prayer
was not unnecessary, for the bitter 1nvective of his foes was not hushed
even in the presence of death.
"Even when Sir Charles
Bagot breathed his last," says a chronicler of the time, himself a Tory
and a disappointed place-hunter, " such was the exasperation of the
public mind, that they (sic) scarcely accorded to him the common
sentiments of regret which the departure of a human being from among his
fellow-men occasions. . . . The Toronto Patriot in particular, the
deadly and uncompromising enemy of the administration of the day,
hesitated not to proclaim that the head of the government was an
imbecile and a slave, while other journals, even less guarded in their
language, boldly pronounced a wish that his death might free the country
from the state of thraldom into which it was reduced."1 Every good cause
has its martyrs. The governor-general had played his part honestly and
without self-interest, and when the list of those is written who have
upbuilt the fabric of British colonial government, the name of Bagot
should find an honoured place among their number. |