THE Act of
Indemnification of 1819, or—to give it the name by which it was known
during its passage through parliament and by which it is still
remembered—the Rebellion Losses Bill, is of unparalleled importance in
the history of Canada. The (till was a measure for the compensation of
persons in Lower Canada whose property had suffered in the suppression
of the rebellion of 1837 and 1838. It excited throughout Canada a
furious opposition. It was denounced both in Canada and in England as a
scheme for rewarding rebels. Its passage led to open riots in Montreal,
to the invasion of the legislature by a. crowd of malcontents, to the
burning of the houses of parliament and to the mobbing of Lord Elgin in
the streets of the city. These facts alone would have made it an episode
of great prominence in the narrative of our history; but the bill is of
still greater importance in the development of the constitution of
Canada. The fact that in despite of the opposition of the Loyalists, in
despite of the flood of counter-petitions and addresses, in despite of
the imminent prospect of civil strife, Lord Elgin fulfilled his
constitutional duty, refused to dissolve the parliament or to reserve
the bill for the royal sanction, and that the home government accepted
the situation and refused to interfere, shows that we have here arrived
at the complete realization of colonial self-government. The passage of
the Rebellion Losses Bill gives to the doctrine of the right of the
people of the colony to manage their own affairs, the final seal of a
general acceptance.
The circumstances
leading to the introduction of the measure were as follows. The outbreak
of 1837-8 had occasioned throughout the two provinces a very
considerable destruction of private property. Some of this had been
caused by the overt acts of the rebels; but there had also been a good
deal of property destroyed, injured or confiscated by the troops and the
Loyalists in the suppression of the rebellion.
It was, from the
beginning, the intention of the government to make reparation to persons
who had suffered damage from the acts of rebels. The parliament of Upper
Canada had passed an Act (1 Vict, c. 13) appointing commissioners to
estimate the damages, and had presently voted (2 Vict. c. 48) the issue
of some four thousand pounds in debentures m payment of the claims. The
special council of Lower Canada had taken similar action. But the
question of damage done in suppressing the outbreak was of a somewhat
different complexion. A part of the property destroyed was the property
of persons 306 actually in arms against the government. To these,
plainly enough, no compensation was owing. In other cases the owners of
injured property were adherents of the government, whose losses were
occasioned either fortuitously or by the necessities of war. To these,
equally clearly, a compensation ought to be paid. But between these two
classes was a large number of persons whose property had suffered, who
were not openly and provably rebels but who had belonged to the
disaffected class, or who at any rate were identified in race and
sympathy with the disaffected part of the population. This element gave
to the equities of the question a very perplexed appearance.
In the last session of
its existence the parliament of Upper Canada had adopted an Act (October
22nd, 1840) voting compensation on a large scale for damage done by the
troops and otherwise. The sum of forty thousand pounds was to be applied
to claims preferred under the Act. As no means were laid down for
raising the necessary funds, this Act remained inoperative. Then
followed the union of the Canadas and the election of a joint
parliament. In despite of repeated petitions and individual
representations to the government nothing more was done in regard to
Rebellion Losses Claims until the year 1845 when the Draper government
passed an Act to render operative the Upper Canadian statute of 1840.
The funds for the
measure were to be supplied out of the receipts from tavern licenses for
Upper Canada, which were set aside for that purpose. The sums collected
under this Act of parliament between April 5th, 1845 and January 24t'h,
1849, amounted to -£38.
At the time when Mr.
Draper's Act of 1845 was before parliament, the Reformers of Lower
Canada protested against the inequity of extending to one section of the
country a privilege not enjoyed by the other, and demanded similar
legislation for Lower Canada. The government, presumably in order to
obtain their support for its own measure, indicated its readiness to act
upon this demand, and a unanimous address was presented to Lord Metcalfe
(February 28th, 1815) asking him to institute an enquiry into the losses
sustained in Lower Canada during the period of the insurrection. A
commission consisting of five persons was accordingly appointed
(November 27th. 1845). The commissioners were asked to distinguish
between participants 'n the rebellion and persons innocent of
complicity, but they wee also nformed that "the object of the executive
government was merely to obtain a general estimate of the rebellion
losses, the particulars of which should form the subject of more minute
investigation thereafter under legislative authority." The result was
that the commission found themselves compelled to report that "the want
of 308 power to proceed to a strict and regular investigation of the
losses in question left the commissioners no other resource than to
trust to the allegation of the claimants as to the amount and nature of
their losses." Needless to say that, under the circumstances, many of
the allegations in question were very wide of the truth : the total sum
claimed amounted to over two hundred and forty thousand pounds, and of
this it is said that about twenty-five thousand pounds represented
claims of persons who had been convicted by court-mart ial of complicity
in the rebellion. It will easily be understood that under these
circumstances the cry arose from the Canadian Tories and their British
sympathizers that the whole scheme amounted to nothing more than
plundering the public treasury in favour of the disloyal. It was
impossible for the government to take action upon a report of so
unreliable a character Indeed it, is likely that the government was
anxious merely to tide the matter over as best it might. It voted some
ten thousand pounds hi payment of claims that had been certified in
Lower Canada before the union, and with that it let the matter rest.
As the question stood
at the opening of the LaFontaine-Baldwm administration, it is plain that
a grave injustice rested upon many inj.ired persons in Lower Canada as
compared with their fellow-citizens of Upper Canada who had received
compensation for their losses: granted that there were black sheep among
the claimants, this did not affect the validity of the other claims. It
was this injustice that LaFontaine, whose constant policy it was to
safeguard the rights of his nationality, now determined to rectify.
Early in the session he moved, seconded by Robert Baldwin, a series of
seven resolutions, reciting the failure of the previous commission and
demanding the appointment of a new body with proper powers, and the
payment of claims. The resolutions, carried by large majorities (the
vote on the lirst one, for example, was fifty-two to twenty) were
followed (February 27th) by the introduction of a bill to bring them
into effect. The measure was entitled, "An Act to provide for the
indemnification of parties in Lower Canada whose property was destroyed
during the rebellion of the years 1837 and 1838." There was no
difficulty, as far as voting power went in carrying the bill through
parliament. It was passed by the House of Assembly (March 9th, 1849) by
a vote of forty-seven to eighteen, and accepted without amendment by the
legislative council by twenty against fourteen votes. The fact that the
measure received overwhelming support in a legislature only recently
elected, must be carefully noted in considering the constitutional
aspect of the question involved.
Under the provisions of
the Act the governor-general was empowered to appoint five commissioners
whose duty it should be "faithfully and without partiality to enquire
into and to ascertain the amount of the losses sustained during the
rebellion." The commissioners were given authority to summon witnesses
and examine them under oath. For the payment of the claims the governor
was empowered to issue debentures, payable out of the consolidated
revenue of the province at or within twenty years after the date of
issue and bearing interest at six per cent. The maximum amount; to be
expended on the claims (including the expenses incurred under the Act
and the sum of £9.98 was not to exceed £100,000; if the claims allowed
amounted to a higher total, a proportionate distribution was to be
effected. The Act also provided that no claim should be recognized on
the part of any persons "who had been convicted of treason during the
rebellion, or who, having been taken into custody, had submitted to Her
Majesty's will and been transported to Bermuda."
The introduction and
explanation of the bill before parliament naturally fell to the task of
LaFontaine, who made a number of speeches -n its support, traversing the
whole question of indemnity from 1837 onwards and affording an admirable
history of the measure. Baldwin took but little part in the debates on
the Rebellion. It has often been said that this was from lack of
sympathy with the measure, and insinuations of this kind were made in
the House of Assembly. But a speech made by Baldwin during the debate on
the introduction of the preliminary resolutions (February 27th, 1849)
emphatically affirms his concurrence in LaFontaine's proposed measure.
He had been accused, he said, of wilfully abstaining from speaking on
the measure, but this was an error, for he had merely refrained from
speaking because there was no necessity to do so. The whole matter had
been set in such a clear light by his friends that it would be
impossible to elucidate it still further. In the brief speech which
followed, Baldwin went on to show that the measure contemplated by the
resolutions would merely do for Lower Canada what had already been done
for the upper part of the province. If the resolutions failed to
indicate how to avoid indemnifying any who had taken up arms, so too had
the Act of 1841.
The passage of the bill
was, of course, an easy matter as far as obtaining a majority went. But
nothing could exceed the furious opposition excited both within and
without the parliament by the introduction of the bill. The old battle
of the rebellion was fought over again. With Papineau back in the
assembly, Mackenzie: now revisiting the country under the Amnesty Act,
the legislature in session at Montreal and a French-Canadian at the head
of the administration, it seemed to the excited Tories as if the days of
1837 had come back, and that they must rally again to fight the cause of
British loyalty against the encroachments of an alien race. The bill for
payment of the losses seemed like the crowning triumph of their foes,
and the cry, "No pay for rebels,'' resounded throughout the province.
Many Canadian writers, as for example, the late Sir John Bourinot in his
Lord Elgin, have seen in the opposition of the Tories nothing more than
a party contest, the familiar game in which a likely issue is seized
upon m the hope of a sudden overthrow of the government. "The issue," he
says, "was not one of public principle or of devotion to the Crown, it
was simply a question of obtaining a party victory.
The issue was not,
indeed, in the real truth of the matter, a question of devotion to the
Crown and the retention of the British connection. But the Tories, many
of them, in all honesty saw it so. One has but to read the newspapers of
the day to realize that something more than a mere party question was at
issue. It was a contest in which right and justice were fighting hand to
hand against a blind but honest fanaticism to whose distorted vision the
Rebellion Losses Bill undid the work of the Loyalists of 1837. The
rabble of the Montreal streets that burned the houses of parliament were
doubtless inspired by no higher motive than the fierce lust of
destruction that animates an inflamed and unprincipled mob. But the
opposition of Sir Allan MacNab and the reputable leaders of Conservatism
was based on a genuine conviction that the safety of the country was at
strike. In the blindness of their rage the Tories lost from sight
entirely that they themselves had sanctioned the payment of compensation
for losses in Upper Canada, that the Draper government had itself
originated the present movement, and that the bill expressly stipulated
that nothing should be paid to "rebels" in the true sense of the term.
The reasoned logic of LaFontame's presentation of the bill fell upon
ears which the passion of the hour made deaf to argument: the fiery
invective of Solicitor-general Blake, who answered the Torv accusation
of disloyalty with a counter-accusation of the same character, only
maddened them to fury. In the debate on the second reading of the bill
the parliament became a scene of wild confusion. MacNab had called the
French-Canadians "aliens and rebels." Blake in return taunted him with
the disloyalty that prompts a meaningless and destructive opposition.
"I am not come here,"
said Blake,1 "to learn lessons of loyalty from honourable gentlemen
opposite. ... I have no sympathy with the would-be loyalty of honourable
gentlemen opposite, wliieh, while it at all times affects peculiar zeal
for the prerogative of the Crown, is ever ready to sacrifice the liberty
of the subject. This is not British loyalty: it is the spurious loyalty
which at all periods of the world's history has lashed humanity nto
rebellion. . . . The expression 'rebel' has been applied by the gallant
knight opposite to some gentlemen on this side of the House, but I tell
gentlemen on the other side that their public conduct has proved that
they are the rebels to their constitution and country." For a man of
MacNab's fighting temper, this was too much. "If the honourable member
means to apply the word 'rebel' to me," he shouted, "1 must tell him
that it is nothing else than a lie." In a moment the House was hi an
uproar: Blake and MacNab were only prevented from coming to blows by the
intervention of the sergeant-at-arms, while a storm of shouts and hisses
from the crowded galleries added to the confusion of the House. Blake
and MacNab were taken into custody by the sergeant-at-arms, several of
the wilder spirits of the galleries were arrested, and the debate ended
for the day.
Of the various
arguments advanced against the bill in the Canadian parliament and
elsewhere, two only arc worth considering. It was said in the first
place that under the terms of the bill a certain number of persons who,
n heart if not in act, had been rebels would receive compensation. Tins
was undoubtedly true, but was also unavoidable. Unless one were to have
given to the commissioners inquisitorial and discretionary powers,
unless, that is to say, they had been allowed to declare any one in
retrospect a rebel simply on their general opinion of his conduct,—a
remedy that would have been worse than the evil it strove to cure,—it is
undoubtedly true that many of the disaffected inhabitants of the Lower
Canada of 1837 could claim compensation. But it must be borne i o mind
that they could not claim compensation for being disaffected, but simply
for having lost their property. The Act did the best that could be done.
It accepted the only legal definition of "rebel" that was possible;
namely, persons previously convicted as such. These it excluded. To all
others who could prove damages compensation was to be given.
The other objection was
perhaps more serious. It was urged against the bill that the Upper
Canadian losses had been paid out of a special fund raised in Upper
Canada; namely, the proceeds of the tavern licenses paid in that part of
the province. The bill of 1849 proposed to pay the Lower Canadian losses
out of the general fund of (united) Canada. By this method, it was
argued, the people of Upper Canada were called upon to pay all of their
own damages and a share of those of their neighbours. The answer made by
the administration to this argument may be found n the speeches
delivered by LaFontaine in March, 1849, and n a circular drawn up in
Montreal, presumably by Hincks, n defence of the government, and
subsequently printed in the London Times.1 It ran as follows:—
The proceeds of tavern
licenses, in both provinces, had previously formed part of the general
fund. When Mr. Draper's Act of 1845 was passed, these proceeds were
removed from the general fund and alienated to special uses iti each
section of the province. In Lower Canada they were given to the
municipalities: in Upper Canada they were applied to the payment of the
rebellion losses. Now in tipper Canada the sums in question were
considerably greater than in Lower Canada: the license taxes in the one
case amounted (taking an average of the last four years) to £9,064; in
the other case to only £5,557. Hence, argued LaFontaine, the effect of
the proceeding was to give to Upper Canada an overplus of £4,107 a year,
which was equivalent to a capital sum of £08.454. The same kind of
segregation had also (in 1840) been made of the marriage license
proceeds, in which case the surplus accruing amounted to £1,785 and
represented a capital of £29,764. Putting the two together it appears,
according to LaFontaiue's view of it, that Upper Canada thus received
the equivalent of a capital sum of £98,000. Since the present bill only
asked for £90,000 (the other 1 March 23rd, 1849.
£10,000 of the £100.000
representing claims already certified, Lower Canada was only asking what
was well within its rights. This argument of LaFontaine may, or may not,
appear convincing. Since the Upper Canadian license tax was paid by the
people of Upper Canada, it is hard to see that the surplus of its
proceeds over the tax in Lower Canada had anything to do with the case.
It must be remembered also that the Lower Canadian tax was used in Lower
Canada. But the argument is part of the history of the time and is here
given for what it is worth.
Intense excitement
prevailed throughout Canada during the parliamentary discussion of the
bill. Public meetings of protest were held by the Tories throughout the
country. Petitions poured in against the measure, many of them directed
to Lord Elgin himself, in order, if possible, to force him from his
ground of constitutional neutrality. Resolutions were drawn up at a
meeting in Toronto praying the queen to disallow the bill if it should
pass. In many places the excitement thus occasioned led to violent
demonstrations, n some cases, as at Belleville, to open riots. The
inflamed state of public feeling at this period and the exasperation of
the Tories are evidenced by the disturbances which occurred at Toronto
on the reappearance of William Lyon Mackenzie. On this occasion Baldwin,
Blake and the ex-leader of the rebels were burned in effigy in the
streets of the town. The following is the exultant account given of the
burning by the Toronto Patriot, the most thorough-going organ of Toryism.
"On Thursday evening
[March 22nd, 1849], the inhabitants of Toronto witnessed a very uncommon
spectacle—more uncommon than surprising at this time. The
attorney-general, the proud solicitor-general and the hero of Gallows
Hill were associated in one common fate, amid the cheers and exultations
of the largest concourse of people beheld in Toronto since the election
of Dunn and Buchanan. The three dolls,—would that their originals had
been as harmless!—were elevated on long poles and paraded round the
town, visiting the residences of the three noble individuals, and
subsequently two of them were burned near Mr. Baldwin's residence and
the third opposite Mr. Mcintosh's, in Yonge Street, the house in which
the humane and gallant Mackenzie had taken up his abode. It would be
impossible to describe the expressions of indignation and disgust on the
part of the people towards the triumvirate."'
The scene was concluded
by smashing in the front windows of the Mcintosh house with a volley of
stones. The partisan press spared no efforts to arouse a desperate
opposition to the bill. "Men of Canada of British origin," pleaded the
Church,1 a forceful publication devoted to Anglican Toryism and the
doctrines of Dr. Strachan, "no sleep to the eyes, no slumber to the
eyelids, until you have avenged this most atrocious, this most
unparalleled insult!" In the same month the New York Herald declared
that the "fate of Canada was near at hand." "This may be the
commencement," it said, "of a struggle which will end in the
consummation so devoutly wished by the majority of the people,— a
complete and perfect separation of those provinces from the rule of
England."
In the mother country,
both in and out of parliament, loud protests were raised against the
measure. The London Times- interpreted it as the selfish machination of
a rebel faction. "As things have been turned upside down since 1838,"
said a Times editorial on the Canadian situation, " and what was then
the rebel camp is now the government of Canada, it is obvious that no
measure of compensation is likely to pass which does not include some of
the offending gentlemen themselves in the bill of damages made out. The
alternative is either no compensation to anybody, or to all alike. This
must be very annoying to the Royalists (sic), who marched to and fro.
and who incurred expense, wounds, and loss of health by their prompt
succour of the state. ... If we would judge of the feelings excited <n
the breast of such ardent Royalists as Sir Allan MacNab, we must suppose
a parliament of Chartists and Repealers, not only dividing among
themselves all the offices of the State, but also compensating one
another for their past sufferings with magnificent grants from the
treasury." It is to be noted that the usual Tory designation of their
party as Loyalists is not strong enough for the Times in this issue,
which implies a still more chivalrous degree of devotion to the throne
by using the term Royalists. The same article speaks of the " loyal
population of Canada being considerably excited," talks of their settled
" impression that rebellion has been rewarded and loyalty insulted by
the British Crown," and describes Canada as a "colony that hangs by a
thread."
The crowning event in
the agitation against the Act of Indemnification was the riot at
Montreal, which broke out on the news that Lord Elgin had given his
assent to the bill. This was on April 25th. 1849. Lord Elgin's consent
to the measure was. of course, the result of due deliberation, but the
immediate circumstances of giving assent were of a somewhat hurried
character. Among other bills awaiting his sanction was the new tariff'
bill. Navigation was just opening at Montreal and the sudden news that
an incoming vessel was sighted in the river induced Lord Elgin, at the
request of the ministry.2 to proceed in haste to the houses of
parliament. It seemed to Lord Elgin that he might as well take advantage
of the occasion to assent to the other bills that were also waiting his
approval. The news that the bill had become law spread rapidly through
the town, and the haste of Lord Elgin's proceedings gave an entirely
false colour to what had happened. As the governor-general left, the
houses of parliament "after the consummation of his nefarious act," (to
use the words of a Tory journalist), he was greeted with the "groans and
curses" of a crowd that had assembled about the building. As he drove
through the city on his way to his official residence of "Monklands,"
the groans and curses were accompanied with a shower of random missiles.
Stones crashed against the sides of the governor's carriage and rotten
eggs bespattered it with filth, but no serious harm was done to its
occupants. As the evening drew on the excitement throughout the city
increased apace. The fire bells of the town were rung to call the people
into the streets, and a printed announcement was passed through the
crowd that a mass meeting would be held at eight o'clock in the Champ de
Mars.
All this time the House
was n session. MacNab warned the ministry that a riot was brewing, but
the government were reluctant to make a precipitate call for military
help. At eight o'clock the wide expanse of the Champ de Mars was filled
with a surging and excited mob, howling with applause as it listened to
speeches in denunciation of the tyranny that had been perpetrated.
Presently from among the crowd the cry arose, " To the parliament
house," and the rioters, ready for any violence, hurried through the
narrow streets of the lower town to the legislative building. On their
way they wrecked the offices of the Pilot with a shower of stones. A few
minutes later a similar volley burst in the windows of the house of
parliament. The members fled from the ball in confusion, while the
rioters invaded the building and filled the hall of the assembly itself.
The furniture, chandeliers and fittings of the hall were smashed to
pieces in the wild rage of destruction. A member of the crowd took his
seat in the speaker's chair and shouted, "dissolve this House."
While the tumult and
destruction were still in progress, the cry was raised, "The parliament
house is on fire." The west end of the building. doubtless deliberately
fired by the rioters, was soon a sheet of flames. The fire spread
fiercely from room to room and from wing to wing of the building. "The
fury and rapidity with which the flames spread," said an eye-witness,
"can hardly be imagined: in less than fifteen minutes the whole of the
wing occupied by the House of Assembly was in flames, and, owing to the
close connection between the two halls of the legislature, the chamber
of the legislative council was involved in the same destruction." The
fierce light of the flames illuminated the city from the mountain to the
river, and spread fear m the hearts of its inhabitants. The firemen who
arrived on the scene were forcibly held back from staying the progress
of the fire, and the houses of the parliament of Canada burned fiercely
to ruin. The assembly library of twenty thousand volumes perished in the
flames. MacNab. with characteristic loyalty, rescued from the burning
building the portrait of his beloved queen. The military, at length
arrived on the ground, stayed the progress of further violence, but the
wild excitement that pervaded the populace of the city boded furt her
trouble. Next evening the riots broke out again. Attacks were made on
the houses of Hincks and Wolfred Nelson. The boarding house on St.
Antoine Street, occupied by Baldwin and Price, was assaulted with a
shower of stones: LaFontaine's residence—a new house which he had just
purchased, but where he was fortunately not at that moment in residence
—was attacked, the furniture demolished, and the stables given to the
flames. Not until the evening of the twenty-seventh did the troops,
aided by a thousand special constables armed with cutlasses and pistols,
succeed in restoring order to the streets.
Three days later the
governor-general, attempting to drive into the city from his residence
where he had remained since the twenty-fifth, was again attacked. As he
passed through the streets on his way to the government offices in the
Chateau de Ramezay on Notre Dame Street, volleys of stones and other
missiles greeted the progress of his carriage. Before reaching his
destination Lord Elgin found his way blocked with a howling, furious
crowd, while shouts of "Down with the governor-general" urged the mob to
violence. The governor's escort of troops succeeded in forcing back the
crowd and effecting his entrance into the building, but his return
journey was converted into a precipitate flight, the crowd pursuing the
vice-regal carriage in "cabs, coaches and everything that would run."
Fortunately Lord Elgin escaped unhurt, but his brother was severely
injured by a stone hurled after the carriage and several of his escort
were hurt. Such were the disgraceful scenes which lost for Montreal the
dignity of being the seat of government.
It was but natural that
the progress of events in Canada should excite great attention in the
mother country. In the British parliament, the government of Lord John
Russell was prepared to defend the right of the Canadians to legislate
as they pleased n regard to the matter at issue. Mr. Roebuck and the
Radicals went even further and defended the equity of the bill itself.
The Peelites, or at any rate the greater part of them, voted with the
government against interference. But the thorough-going Tones insisted
on viewing the issue as one between loyalty and treason, and demanded
that the imperial government should either disallow the Act or
contravene its operation by an Act of the British parliament. In the
middle of the month of June the Canadian question was debated both in
the House of Commons and in the House of Lords. Not the least important
of those who appeared as the champions of the Canadian Tories was Mr.
Gladstone. His rising reputation, the especial attention he had devoted
to colonial questions, and the fact that he had been Lord Stanley's
successor as colonial secretary m the cabinet of Sir Robert Peel,
combined to render him a formidable adversary to the Canadian ministry.
His speech on the Rebellion Losses Act shows his usual marvellous
command of detail and powers of presentation. Mr. Gladstone's great
objection to the Canadian statute was that, in his opinion, a large
number of virtual rebels would receive compensation under its operation:
he begged that Lord John Russell's government would either disallow the
Act or obtain from the Canadian parliament an amendment of its
provisions which should place the compensation on a basis more strictly
defined. But what is still more noticeable m Mr. Gladstone's speech is
his opinion that the government had allowed Lord Elgin too great
latitude in the matter, and that, the scope; of the Act exceeded the
proper limits of colonial power. "It might not be politic for the
colonial secretary," he said, "to interpose his advice in respect to
merely local matters, but it was his first duty to tender his advice
regarding measures which' involved not only imperial rights but the
honour of the Crown. That adv ice ought not to be delayed until a
measure assumed the form of a statute, but should be given at the first
possible moment, and before public opinion was appealed to in the
country."
Roebuck, Disraeli and
others participated in the debate and a certain Mr. Cochrane,
representing the outraged patriotism of the extreme Tories, referred in
scathing terms to Baldwin and LaFontaine, speaking of them as fugitives
from justice in the days of the rebellion.
The speech of Mr.
Gladstone on the Canadian question is of especial importance in the
present narrative in that it called forth an answer from the pen of
Francis Hincks, in the form of a letter to the London Times.1 Shortly
after the passage of the indemnification bill Hincks had left Montreal
(May 14th, 1819) for England. The object of his visit was, in the first
place, of a financial character, the Canadian government being anxious
to negotiate its securities in the London market. But the
inspector-general acted also as a special envoy to the imperial cabinet
in regard to the great question of the day and discussed the Rebellion
Losses question with Lord John Russell and Earl Grey.
Hincks also conversed
on the subject in detail with Mr. Gladstone who found himself unable to
adopt the views of the Canadian minister.
In his letter to the
Times, Hincks deals at some length with Mr. Gladstone's arguments in
regard to the "payment of rebels." In the debates in the recent session
of the Canadian parliament, Hincks had said that certain persons
convicted of high treason in Upper Canada had received compensation
under the Upper Canada Rebellion Losses Act, which was curried into
effect by Tory commissioners under instructions from a Tory government.
Both Disraeli and Gladstone had dissented from this. Disraeli had
broadly asserted that there had been no rebels in Upper Canada, and that
consequently no restrictive clauses were necessary m the Act, for that
section of the province. Gladstone had said that "there was no ground to
suppose that any rebel had received any sum by way of compensation."
Hincks, by a very accurate citation of individual cases, shows that
there were rebels in Upper Canada and that some of them, at any rate,
had received compensation under the Act. Hincks does not mean to imply
that, as a consequence of this, the government should expressly seek to
reward the rebels of the Lower Province. "I do not of course mean to
contend that, if it be wrong rebels should be compensated for their
losses, the fact that they were so compensated in Upper Canada is any
excuse for the Lower Canada Act. But I do contend that it is highly
discreditable to a party which, when in power, admitted claims of this
description without the slightest complaint, to agitate the entire
province, to get up an excitement which they themselves are unable to
control, because then opponents have introduced a measure much more
stringent in its details, but under which it. is possible that some
parties suspected or accused of treason, but never convicted, may be
paid."
The letter concludes
with some interesting paragraphs in which the writer discusses the
strictures that had been passed in the course of the debate in the House
of Commons1 upon the leaders of the Canadian ministry. "Nothing can be
more untrue," writes Hincks, "than the allegation that any member of the
present administration was implicated in the rebellion. No reward was
ever offered for the apprehension of any one of them. Mr. Baldwin never
was a fugitive from justice. Such absurd statements as I have heard
regarding occurrences in Canada, only prove that it is very unsafe for
parties at a distance of three thousand miles to interfere in our
affairs. I confess, however, that I was not very sorry that the members
of the House of Commons had an opportunity afforded them of hearing at
least.
"Let me, in
conclusion/' wrote Hincks, "say a word or two regarding ' French
domination.' I should imagine that the author of Coningsby [Mr, Disraeli
] understands the meaning of getting up a 'good cry ' to serve party
purposes. The cry of the Canadian Tory party is ' French domination,'
and it is especially intended to excite the sympathy of people in
England who understand little about our politics, but who are naturally
inclined to sympathize with a British party governed by French
influence. A little reflection would convince them that ' French
domination' cannot exist in the united province. I need scarcely say
that it is wholly untrue that it does exist. The administration consists
of five members from Upper Canada and five from Lower Canada. The former
represent some of the most important constituencies in Upper Canada. If
the administration of the government or of the legislature were made
subservient to French influence, is it probable, I would ask, that the
government would be supported by the British people of Upper Canada? All
I shall say in conclusion is, that I claim for myself and my colleagues
from Upper Canada -and truth and justice I should say for my Lower
Canadian colleagues also - that we have as much true British feeling as
any member of that party which seems to wish to monopolize it.''
The financial purpose
of Hincks's visit to England—the strengthening of the credit of the
colony m the London market—was accomplished with marked success. The
inspector-general realized that the agitation occasioned by recent
events, and the pervading ignorance in reference to the economic
position and prospects of Canada, seriously prejudiced the securities of
the province in the eyes of the British investors. To meet this
situation. Hincks prepared and published in London a pamphlet entitled,
Canada and its Financial Resources. In this publication he shows that
the money hitherto borrowed by the Canadian government had been employed
in public works of a sound and reproductive character. The imperial
guarantee loan of £1,500,000 and the issue of provincial debentures of a
somewhat larger sum make a gross total of £3,223,839, and represent the
larger part of the cost of the public works of the province, the total
cost being estimated by Hincks at £3,703,781 sterling. In order to show
the utility and profitableness of the expenditure thus made, Hincks
composed a series of tables shoving the growth and progress of the
colony for the last twenty-five years. The population of Upper Canada
had risen, between 1824 and 1848, from 151,097 to 723,000 inhabitants:
Lower Canada, whose population in 1825 had stood at 423,6.30, now
contained 766.000 souls. The land under cultivation in Upper Canada had
increased during the same period from 535,212 to 2.G73.820 acres: the
yield of local taxation in Upper Canada had increased from £10,235 to
£86,058; while the estimated revenue for the united province in the
current year stood at £574,610. a sum whose proportion to the public
debt showed the stable condition of the provincial finances. Although
financial and fiscal discussion forms the major part of Hincks's
pamphlet, he deals also with the political situation, reasserts the
essential loyalty of the Reform party, urges the necessity for the
further development of the province and calls for imperial aid in the
building of an intercolonial railway. The effect of this pamphlet and of
the series of letters of a similar character which Hincks contributed to
the Daily Mail in the following August, was most happy. An increasing
confidence on the part of the British public in the financial soundness
of the Canadian government, tended to offset the unfortunate effect
produced by the agitation over the Act of Indemnification.
The attitude of Lord
Elgin in regard to the Rebellion Losses Bill has been much discussed. At
the time of the adoption of the measure his conduct was made the subject
of mistaken censure from various quarters. He was blamed for not having
refused his assent to the bill: he was blamed for not having dissolved
the parliament: he was blamed for having afterwards remained for weeks
at "Monklands" without having insisted on forcing his way into the city
under military protection. Rut time has justified his conduct in every
respect. One must read the journals of the time to appreciate how much
the governor-general was called upon to bear, and with what grave
responsibility the office of constitutional head of the country becomes
invested in moments of danger. The Tory press was filled with bitter
personal attacks. "This man's father," said the Montreal Courier, "was
denounced by the noblest bard, but one, that England ever produced, as
the Robber of the Greek Temples; his son will be heard of in future
times as the man who lost for England the noble colony won by the blood
of Wolfe." Compare with this the utterance of Lord Elgin made at the
same time. "I am prepared to bear any amount of obloquy that may be cast
upon me, but, if I can possibly prevent it, no stain of blood shall rest
upon my name."
In his treatment of the
Rebellion Losses Rill and his firm conviction that it was his duty to
give his assent., Lord Elgin achieved for Canada one of the greatest
victories of its constitutional progress. "By reserving the bill," wrote
Lord Elgin afterwards, "I should only throw on Her Majesty's he
reference is, of course, to the collection of the Elgin marblei
-government a responsibility which rests, and I think, ought to rest, on
me. ... If I had dissolved parliament, I might have produced a
rebellion, but assuredly I should not have procured a change of
ministry." As the sight of flame and the sound of riot drifts into the
past, a momentous achievement appears written large on the surface of
our history by Lord Elgin's acceptance of the Act of Indemnification. It
signified that, from now on, the government of Canada, whether conducted
ill or well, was at least to be conducted by the people—the majority of
the people—of Canada itself. The history of responsible government in
our country reaches here its culmination. |