WHEN the mind of young
Papineau first awoke to political ideas, Lower Canada was passing
through that violent crisis which our historians, with no slight degree
of exaggeration, have designated the reign of terror. Sir James Craig
was then governor, and, soldier that he was, administered affairs manu
rrdlitari. Under the previous administration of Sir Robert S. Milnes,
the intercourse between the French and English population of Quebec and
Montreal had been embittered,—a state of things resulting from a
discussion which should not have caused, it now seems, such bad blood.
The merchants of those cities had suggested altering the mode of
taxation by reducing customs duties and levying a tax on property. The
proposed change met with a strenuous opposition in the House of Assembly
at the hands of Pierre Bedard, who was a prominent figure in the
politics of the day, leading, in fact, the French Canadians. He pointed
out that a tax on property would not strike the merchants of the cities,
by far the wealthiest class, whilst customs duties reached all
consumers. His views prevailed, and hence the irritation of the
commercial community which their organ, the Quebec Mercury, expressed in
a bitter and provoking manner:—"This province is already too French for
a British colony. Whether we are at war or in peace, it is essential
that we should strive by all means to oppose the increase of the French
and of their influence. It is only fair that after a possession of
forty-seven years the province should be English." Of course, this
expression of opinion was not shared by all those for whom the Mercury
pretended to speak. It was, however, under such provocation that Bddard,
Panet, Blanchet and others, deemed it advisable to establish a paper
with the symbolic name Le Canadien (1806), and bearing the motto, Fiat
justitia, ruat ccelum. It was ably edited, and while expressing moderate
views, vigorously defended French Canadians against the aspersions of
the Mercury.
It was in these
troubled times that Sir James Craig set foot in Canada, and suspicious
as he was, he very naturally conceived the worst opinion of the king's
new subjects. Ryland, his secretary and confidential adviser, the bitter
enemy of the Canadians, poisoned his mind in regard to Bddard and his
friends, and the governor was only too prone to look upon them as
dangerous revolutionists. When, therefore, Le Canadien dared to
criticize his policy mildly, he at once ordered the names of Panet,
Taschereau and Blanchet to be struck off the militia list, on account of
their supposed relations with that paper. When the assembly, following
in the footsteps of the House of Commons, decided to disqualify the
judges and public officers from sitting in parliament, he took a stand
against the popular assembly; and when Le Canadien condemned his
attitude in this connection, that paper was suppressed, and Bddard,
Taschereau and Blanchet, its supposed contributors, were sent to jail.
Not satisfied with these high-handed proceedings, he likened the conduct
of Bddard and his friends to treason because they had asked that the
province be allowed to defray the expenses of government. Still, when
both these questions, the exclusion of judges from parliament, and
defraying the expenses of civil government, were referred to the
colonial office, they were decided in accordance with the views of the
assembly. Taschereau and Blanchet were released, but B£dard would not
leave the prison until the charge against him had been made public and
tried before the court. A few months later he was set at liberty, with
the understanding that no accusation stood against him.
This was government as
it was understood by a governor, in 1810. It was found subsequently that
he had not gone the full length of his intentions, for in one of his
reports, he advises the English government to deprive the Bishop of
Quebec of the appointing of parish priests and to confer that power on
the governor; to suspend the constitution of 1791; to make but one
province of Upper and Lower Canada, and to confiscate the estates of the
Sulpicians.
It was also under the
administration of this governor, who was naturally morose, and who was,
moreover, suffering the ever increasing pangs of a loathsome disease,
that the question of supplies is first heard of. Up to 1818, the British
government, as we have just said, provided the funds for the expenses of
the administration. In 1810, the assembly petitioned the king asking to
be allowed to provide for that expenditure, representing that the
prosperity of the province was such as to warrant their undertaking the
charge. It is seldom that men, or bodies of men, of their own motion,
invite the imposition of such a burden. And hence, Craig finds the
petition of the Canadians anomalous and contrary to usage, and makes no
secret of the vexation it has caused him, for he had a clear intuition
of their intentions. It was impossible, however, to ignore or suppress
the petition, and he had to forward it to the king, who intimated to the
assembly that its request would be granted.
It was not until eight
years later that the House was given the privilege of dealing with the
budget, and even then, only in an imperfect and incomplete form. From
this half measure grudgingly conceded by the government, sprang the long
struggle which was not to end until 1837. The motive which impelled the
assembly to claim the right to control the supplies—a right inherent in
the English system, was in the first place the desire to possess that
right, which naturally belonged to them, and then 30 the determination
so to use it as to curb the pride of the officials and to punish them
for their insolence towards its members. Being under the pay of the
executive, these functionaries availed themselves of their independence
to cast aside all courtesy towards the representatives of the people.
This glance at the
events of Craig's administration lets us into the secret of the policy
of the period and of the years that followed, and gives the key to the
political situation in the years intervening between 1800 and 1837. At
the head of the state was a governor, responsible for his acts to his
English superiors only, supported by an executive council devoted to
him, and a legislative council made up of his own friends. Next to these
powers stood a House of Assembly elected by the people, ''in any and
every country, the essential condition of the normal working of the
governmental machine is the existence of a good understanding between
all its several parts. Now this condition was nearly always lacking in
Lower Canada. The arbitrary character of the governor and the
churlishness of the legislative council, with its eagerness to thwart
the action of the assembly, produced in the latter body a degree of
irritation and exasperation which betrayed its members into lapses such
as calm reflection would have made them avoid.
With a man like
Papineau, intelligent, proud, and conscious of his own strength, placed
under such circumstances as these and forced to give battle unceasingly
against overwhelming odds, there could be but one result. Despite all
possible efforts to maintain his self-control, under incessant pressure
of unremedied abuses, his sense of irritation must grow daily stronger
until at length, losing all idea of moderation, he will reject as
insufficient, the offer of concessions which at the outset he would have
deemed acceptable. Such was the case of Papineau.
He made his appearance
in the assembly in 1812, amid the £clat of his father's renown, and
himself already surrounded with the prestige of his precocious success
at college. De Gasp£, a fellow student, tells us in his interesting
Memoirs that "never within the memory of teacher or student had a voice
so eloquent filled the halls of the seminary of Quebec." De Gasp£ adds
that it was chiefly in the assembly that he had heard Papineau, and
that, strange to say, the eloquence of the tribune of the people had
never stirred his feelings in the same degree as that of the youthful
student. Papineau did not climb to fame by slow degrees. His ddbut in
the assembly was a masterly effort, and at one stroke won him the
highest place.
Upon the advent of Sir
George Prevost (1811) quiet was for a time restored to the province, for
on the eve of the call to arms for the war of 1812, Papineau and his
friends felt that intestinal struggles must be set aside. Following in
the footsteps of his 32 father, who in 1775 had rendered valuable
service to the cause of England in America, Papineau entered the ranks
of the militia and served throughout the campaign as captain. We are
told that he was an accomplished soldier, as fearless under fire as he
proved himself humane and generous after the fight. On one occasion,
when escorting at the head of his company a number of American
prisoners, he sternly reprimanded his men for taunting their victims by
shouting in their ears the strains of "Yankee Doodle." Does not the mere
fact that the two Papineaus served under the British flag prove clearly
that their opposition was not directed primarily against the principle
of loyalty, but against the arbitrary exercise of power and against the
tyranny of the governor and his following, leagued together in hostility
to the Canadians to prevent them from attaining power and to restrict
them in the enjoyment of their rights?
In 1815, Papineau,
notwithstanding his youth, was called to the speakership of the House of
Assembly in succession to M. Panet. From that date up to 1820—the advent
of Lord Dalhousie— we do not find him taking an active part in
parliament. Confining himself to the discharge of his duties as speaker,
he gave up his spare time to the study of history, mastered the spirit
of constitutional law, and assimilated a vast store of knowledge from
which he was enabled subsequently to draw at will without exhausting the
supply when he became the leader of his party and could no longer have
recourse to his books. A perusal of what remains to us of his speeches,
which abound with reminiscences, traits and allusions to things of the
past, will convince the reader of his extended intellectual culture.
While leaving a free
field to his friends in the assembly, he gave full vent to his energies
outside. No sooner had his advocacy of the cause of the Canadians placed
him in conflict with Lord Dalhousie than it became evident to all that
his eloquence had already won for him the mastery of the people of his
native province, from the highest in rank and birth to the humblest of
her citizens. Men of note, such as de St. Ours, Debartzch, Cuthbert,
Bishop Plessis and his clergy, eagerly followed in the wake of Papineau
and accepted his leadership.
From 1815 to 1820, when
in the full maturity of his powers, he still hoped for the removal of
the abuses complained of. Nothing could be easier, he thought, if the
government would but take the trouble to avail itself to the full of the
advantages afforded by the constitution of 1791. For, strange to say,
Papineau then looked upon that constitution as a nearly perfect
instrument of government. The opinion he then formulated is worth
recording. He pronounced it in Montreal, in 1820, in the course of an
eloquent address, which we quote from the Quebec Gazette:—
"Gentlemen:—Not many
days have elapsed since we assembled on this spot for the same purpose
as that which now calls us together, the choice of representatives. The
necessity of that choice being caused by the great national calamity,
the decease of that beloved sovereign who had reigned over the
inhabitants of this country since the day that they became British
subjects, it/is impossible not to express the feelings of gratitude for
the many benefits received from him, and of sorrow for his loss, so
deeply felt in this as in every other portion of his extensive
dominions. And how could it be otherwise, when each year of his long
reign has been marked by new favours bestowed upon this country? To
enumerate these, and detail the history of this colony for so many
years, would occupy more time than can be spared by those whom I have
the honour to address. Suffice it then at a glance to compare our
present happy situation with that of our fathers on the eve of the day
when George the Third became their legitimate monarch. Suffice it to
point out the fact that under the French government (both internally and
externally, arbitrary and oppressive) the interests of this colony had
been more frequently neglected and mal-administered than those of any
other part of its dependencies.
"In my opinion Canada
seems not to have been considered as a country which, from fertility of
soil, salubrity of climate, and extent of territory, might have been the
peaceful abode of a numerous and happy population; but as a military
post, whose feeble garrison was condemned to live in a state of
perpetual warfare and insecurity, frequently suffering from famine,
without trade—or with a trade monopolized by privileged companies,
public and private property often pillaged, and personal liberty daily
violated, when year after year the handful of inhabitants settled in
this province were dragged from their homes and families, to shed their
blood and carry murder and havoc from the shores of the Great Lakes, the
Mississippi and the Ohio, to those of Nova Scotia, Newfoundland, and
Hudson Bay. Such was the situation of our fathers; behold the change.
"George the Third, a
sovereign revered for his moral character, attention to his kingly
duties, and love of his subjects, succeeds to Louis the Fifteenth, a
prince then deservedly despised for his debauchery, his inattention to
the wants of his people, and his lavish profusion of the public monies
upon favourites and mistresses. From that day the reign of the law
succeeds to that of violence; from that day the treasures, the navy, and
the armies of Great Britain are mustered to afford us an invincible
protection against external danger; from that day the better part of her
laws becomes ours, while our religion, property, and the laws by which
they were governed, remain unaltered; soon after are granted to us the
principles of its free constitution —-an infallible pledge, when acted
upon, of our internal prosperity. Now religious toleration; trial by
jury (that wisest of safeguards ever devised for the protection of
innocence); security against arbitrary imprisonment by the privileges
attached to the writ of habeas corpus; legal and equal security afforded
to all, in their person, honour, and property; the right to obey no
other laws than those of our own making and choice, expressed through
our representatives; all these advantages have become our birthright,
and shall, I hope, be the lasting inheritance of our posterity.
"To secure them, let us
only act as becomes British subjects and free men. Let us select as
representatives men whose private interest is closely connected with
that of the community; who, warm friends to the country, will
attentively examine its wants and make themselves thoroughly acquainted
with its constitution; for those who understand these privileges must
value them, and valuing them must be steady friends to whatever may
promote the general weal, and inflexible enemies to whatever may
endanger it. They will contrive that good laws shall be framed and duly
obeyed; they will see that none shall rise above the laws; that none
shall ever consider themselves so great, or others so little, as to
command an obedience not required by law, or to commit injustice with
impunity. They will contrive that the administration of justice shall be
pure, inexpensive, prompt, impartial, and honoured by public confidence.
They will grant a public revenue proportioned to the means of the
country and the wants of the government, distributed with that wise
economy which must refuse to solicitation what should be reserved for
the recompense of meritorious service; but such as will, at all times,
enable the government to avail itself of the abilities of persons
qualified to fulfil its duties. They will hold sacred the freedom of the
press, that most powerful engine, the best support of every wise
political institution, and best exciter and preserver of public spirit.
They will multiply schools, well knowing that men are moral, industrious
and free in proportion as their minds are enlightened. They will leave
agriculture and the mechanic arts as exempt from burthens and
unrestricted by regulations and privileges as may be expedient; aware
that freedom and competition will generally ensure cheap, abundant and
improved productions. In fine, they will know, love, and promote the
general good of society."
How can we account for
this eulogy of the constitution on the part of Papineau, a eulogy
utterly at variance with his subsequent bitter criticisms of that same
constitution? There is this, in the first place, to be said: had the
constitution of 1791 been administered by men determined to be guided by
its spirit rather than the mere letter, it would have fulfilled the
legitimate aspirations of the country. It did not, as we have already
stated, provide for 38 ministerial responsibility, but even without that
most valuable feature, it was still sufficiently elastic and resourceful
to form an excellent instrument of government. The essence of the
parliamentary system is the power, vested in the representatives of the
people, of voting on the levying of the taxes and of controlling the
public expenditure. This in the main was what Papineau and his friends
justly demanded. Did he hope after the administration of Prevost, during
which the war with the Americans put a stop to all intestinal quarrels,
and after the comparatively quiet rule of Sherbrooke and Richmond, a
time of truce, as it were, in which a peaceful solution was sought
for—did he hope to see their successor, Lord Dalhousie, adopt a policy
of conciliation? Considered in the light of this hypothesis, Papineau's
pronouncement does not clash so harshly as might be thought with his
subsequent declarations. It moreover reflects the highest credit on
himself and on his friends, for it goes to show that he was during
several years neither an irreconcilable, nor an obstinate adversary of
the government. If his mind one day succumbed to exasperation, it was
after eight years of hostility persistently carried on against our
people by Lord Dalhousie, with the evident design of crushing us; it
succumbed during the administration of Lord Aylmer, who was still more
aggressive than his predecessor, more determined to curb the House of
Assembly, and to indulge in ceaseless provocation with all the
aggravating circumstances suggested by his determination to be unfair
and arbitrary.
The Lex talionis for
which there is no justification in political matters, seemed a perfectly
legitimate weapon to a body of men who felt themselves to be persecuted
in their aspirations and in their passionate efforts to secure for
themselves all the liberties they were entitled to claim as British
subjects. Stung to fury by their wrongs, they assumed the name of
Patriotes. Their judgment became clouded under the breath of
intolerance; they lost the true sense of the situation, and convinced
that there was nothing more to be hoped for from the government, which
had been so long deaf to their complaints, they one day went to the
length of refusing to accept at its hands an ample remedial measure. |