IT was in the month of
January, 1855, that Cartier was for the first time sworn in as a member
of the executive council. He had been for a long time the power behind
the throne; it was only fair to the public and to his opponents that he
should assume the responsibility of a policy which was distinctly his
own.
For the first time also
his name then came before the country connected with that of John A.
Macdonald, an alliance which lasted until the death of one of the
partners. Their respective beginnings in life did not indicate that they
would, one day, work together hand in hand; for their political creed
had placed them face to face as opponents in the House. A man is hardly
responsible for peculiar views in the early part of his life; he
inherits the, ideas which permeate the ambient air in which his first
years are spent; when he prides himself upon his strong convictions, he
is only an unconscious slave of persons who have taught him to think as
they themselves thought.
Macdonald first
appeared in parliament as an uncompromising Tory of the old MacNab type.
He was not far from the Upper Canada Assembly's narrow-minded notions in
reference to Lower Canada. It was his wont to be then found in the ranks
of those most opposed to La Fontaine. He voted against the proposed
settlement of the seigniorial tenure when Cartier earnestly voiced the
wishes of his people in that matter, and during the debate on the
Indemnity Bill, which provided that the government should indemnify the
loyal Lower Canadians who had suffered losses through the rebellion, he
qualified that simple measure of justice as a reward to treason. When
Lord Elgin gave the royal assent to the Indemnity Bill, he was not with
the mob that pelted the governor with stones and rotten eggs, sacked La
Fontaine's residence, and burned the house of parliament, but he was
politically associated with these firebrands, with such men as Moir
Ferris, whom afterwards he appointed to important offices. His
prejudices were bound to disappear with time as he escaped from early
influences, and came in contact with Lower Canadian representative men.
His experience was similar to that of so many other of his friends whose
intercourse with French Canadians showed them that they Were not as
black as they had been painted.
Cartier could not
afford to renounce any of his ideals. He was on the defensive and
directing his effort to gain political equality for his countrymen of
Lower Canada. At the time to which we refer, the principles which were
to be his guiding star through life had taken a strong hold on his mind,
32 and he had no intention of forsaking any of them. How could he ? Was
he not simply claiming equal justice and equal rights for all in the
face of men who were advocating privileges for a class of British
subjects, superior in their mind to their neighbours? When, therefore,
it was mooted in the House and in political circles that the Upper
Canada Tories desired to form an alliance with the Lower Canada
Liberals, he boldly told MacNab and Macdonald that if they courted his
fellowship they must first alter their views. " If the Upper Canada
Conservatives desire to form a coalition with us Liberals, they must
give up many of their principles." It was in this firm language that
Cartier laid down (June 26th, 1854), in the House, the fundamental
condition of an understanding between his friends and the Tories of
Upper Canada, and when this alliance materialised with the MacNab-Morin
administration (the latter soon to be replaced by Tach£) Cartier was in
a position to state (Feb. 14th, 1855) at Vercheres, in answer to the
charge that he was a Tory, because he had formed an alliance with MacNab:
"There are no more Tories in the sense formerly attached to this
qualification. The old Tories have weakened their principles (mis de
Veau dans leur vin) and have given up antiquated ideas which were their
own. In the alliance which we have made, it is Sir Allan who has come to
the Lower Canada minority. We have not abandoned any of our positions;
can a statesman refuse support offered to his cause?" It was in those
words that he explained the nature of the compromise which formed the
conditions of the Liberal-Conservative alliance, when he came forward in
Verchores seeking re-election as a cabinet minister.
Cartier was in such a
position that he could not remove one plank from his platform, built as
it was upon equal rights for all classes, both in the political and
religious spheres; minor matters only were open to compromise and
concessions. His general policy was, nevertheless, bitterly attacked in
Vercheres although it was unimpeachable from the national point of view.
It seems as though his opponents foresaw in the young minister the man
who for nearly twenty years would stand between them and power. In the
eyes of Le Moniteur, a Liberal paper of the day, he was the Grand Trunk
Railway solicitor. This was a crime, for the famous company was then
subjected to all sorts of slanderous imputations. The same paper
denounced him also as the supporter of monopolies, of the seigneurs, the
upholder of well-paid government situations, a breeder of corruption,
the enemy of justice, the champion of illegal measures, the apostle of
servitude, the partisan of passive obedience, a human conscience vendor,
a Tory minister, a jobber. Such were the epithets too often used in
those days against political opponents. If a man's merit is to be
measured by the attacks he is subjected to, Cartier indeed was a great
man, for he has been assailed as very few politicians have been in
Canada. But all this vituperation appears to be the unavoidable stock in
trade of politics. A French statistician and bibliophilist has jotted
down the titles of eight thousand pamphlets written against Cardinal
Mazarin, when he was first minister of France, and this with the total
absence of newspapers and with slow press work. But the cardinal
outlived that storm of ink and paper, like many another eminent
statesman.
From the day he entered
the cabinet to the day of his death, Cartier's career was a useful and
fruitful one for his country. His activity spread itself over every part
of national life, imparting to each new blood and strength. The field of
his labour might be divided into two parts, one being his native
province and the other Canada at large. Public education, the
seigniorial tenure, the judiciary, the codification of the laws of Lower
Canada were among the subjects which occupied his attention in Quebec.
It cannot be claimed that he alone settled the land tenure of the
country. It had been before the public and parliament for many years.
But the questions of acquired rights, the rival claims of the seigniors
and their censitaires raised a mountain of obstacles which no one dared
touch until Cartier and his friends resolved to grapple with its huge
bulk.
It will not be out of
place here to outline the main features of the ancient land tenure,
which, to many outsiders, is still looked upon as part and parcel of the
feudal system planted in New France by Louis XIV. During this king's
reign, tracts of land were granted to seigneurs under certain
conditions. The principal conditions were that the seigneur should, in
his turn, make grants of land to settlers, who became proprietors of the
concession and could dispose of the same. The price of sale was an
annual rent of a sou or a sou and a half per arpent. This was called the
cens et rente. This system exists to this day in many places, but the
owner of any farm can rid himself of it by paying the capital of such
rent. The great difference between our land system and the tenure of
most European countries lay in this: that the Canadian settler was the
proprietor of his farm, and could dispose of it by lease or sale. The
feature of the tenure to which people objected was the droit de lods et
ventes, a tax which the owner of a farm had to pay to the landlord if he
sold it, that duty amounting to 9 per cent, of the sale price. The lods
et ventes interfered with land transfers and led to many abuses; the
vendor would sometimes ostensibly undersell his property, which the
seigneur could then buy himself if he considered the sale price below
the real value of the property. There was also the banalite, under which
the seigneur was obliged to keep up a grist mill to which the censitaire
was compelled to bring his grain. Under an act of parliament passed in
1854, a commission was entrusted with the task of amending this old
tenure. As a matter of course the seigneurs were indemnified for their
losses. All that remains now of the tenure is the rent of a sou per
arpent; the censitaire can liberate himself by paying the capital of
this rent, computed at 6 per cent.
A man of broad mind
like Cartier could not overlook the important interests of education. He
gave the subject his attention for several years and had the education
act amended so as to insure the success of popular as well as of
superior education. It was he that placed at the head of the system Mr.
Chauveau, a man whose bright intelligence and whose literary attainments
fitted him to carry out Cartier's views with success. In this
reorganization of public instruction, he gave the Protestants of Lower
Canada full control of their schools. At the time of confederation, the
English population of Lower Canada had conceived a certain anxiety lest
changes should be made in the law affecting their educational
establishment when they should come under the parliament at Quebec,
where a majority of Catholics would be entrusted with the making of the
laws. Of course the British North America Act provided that they should
have the same rights as the Catholics of Ontario had under the school
system which obtained in that province; but a law had to be made in
Quebec to carry out the special clauses of the constitution referring to
schools. Cartier pledged himself that this would be done, and relying on
his word the Protestants were reassured. After confederation the Quebec
government, through some misunderstanding with the corporation of
Montreal, did not at once carry out the engagement made by Cartier, and
loud complaints were heard among Protestants on all sides, both in the
press and in parliament. Cartier then pressed the Quebec government to
enact the desired law, with a prompt and gratifying result. When he
returned from England in 1871, he was presented with addresses by the
Protestants of Lower Canada, the object of which was to thank him for
having carried out his promises with so much zeal. It is to be remarked
here that but few French Canadian ministers have ever enjoyed to the
same extent as Cartier the confidence of the English-speaking population
of Canada.
In the administration
of justice he made a reform which has lost, with time, some of its
merit. Up to 1857 legal business was concentrated in the cities, to the
great inconvenience of people living in the country, who had to travel
great distances to attend the courts. Cartier established fifteen new
judicial districts, so as to place (law courts) within easy reach of the
people. It was his intention also to have the judges reside in their
districts, so that they might form in different parts of Canada
enlightened centres, which would improve the social condition of the
inhabitants. Unfortunately most of the judges have not shared his views
in the matter, and have made their residence in the cities. To complete
this reorganization, he decided that all the French laws, scattered in
many antiquated books, should be codified after the style of the Code
Napoleon. In this action he had another object in view beyond mere
convenience. He desired to facilitate the study of French laws for the
population of the Eastern Townships and those parts of the country to
which the French laws had been extended. This reform he carried, as he
stated in Sherbrooke, against the opposition of very many lawyers and
even judges. It was, indeed, a beneficial reform, and any one conversant
with our civil courts cannot to-day understand why any opposition should
have been made to Cartier's codification scheme.
Another measure which
his skill and energy . carried through parliament is the act giving
civil status to parishes established by the bishops. According to this
act, whenever the Church thinks fit to establish a new parish in any
diocese, it receives civil life without having to go before parliament
to obtain an act of incorporation. This piece of legislation was of
great benefit to the Catholics. It substituted a simple petition to the
courts for the former act of parliament. It is strange that no one has
ever given Cartier credit for this law which completes the liberties of
the Catholic Church in Lower Canada and its independence of the state.
Cartier was very proud of the measure, and considered that in having
placed it on the statute book he had rendered invaluable service to the
Church; but he took no trouble to claim credit for it at the time, as
such a law might have awakened prejudices. His object was always to do
good rather than gain popularity.
Huxley once said of
Gladstone: "Here is a man with the greatest intellect in Europe, and yet
he debases it by simply following majorities of the crowd." Without
stopping to inquire whether this judgment is exaggerated or not, it can
be said that such a charge could not be laid against Cartier. Of all
Canadians he was the most independent of public opinion. When a plan or
a scheme, however risky, politically speaking, it might be, had been
fully matured in his mind, he carried it out inflexibly. The judiciary
act and the consolidation of French laws were carried against very
powerful opposition, as we have just stated. It was his wont not to
consult his friends on measures of great importance before they were
brought forward for public discussion. Even confederation was resolved
upon without the advice of his followers. Being asked one day if he had
sought their opinion before forming an alliance with Brown, the
arch-enemy of Lower Canada, he made the following astounding confession:
"With regard to this matter, I have not sought the advice of my
countrymen nor of my political friends. I here confess that in all
important acts of my life, of my political career, I have not consulted
anyone."
Strange as this conduct
may appear, is it not the correct method for responsible ministers to
adopt?
Members of parliament,
men of conflicting views, many living only with the idea of preparing
for the next election, and on that account dreading questions involving
great issues easily misunderstood by the people, can only be made to
accept average opinions if consulted. It behooves leaders of men to
bring them, all at once, face to face with a proposal of high import,
and compel them to support it whether it corresponds with their ideas or
not. It is not unlikely that Cartier felt the pulse of the country, made
inquiries as to its requirements, and after full study made up his mind,
well persuaded that he knew better than the rest of the world what
reform was needed.
With his
self-confidence he thought very little of the party rank and file. When
told that he seemed to have a certain fondness for inferior men as his
followers in the House: "What does it matter," he replied, "as long as
the head is good?" This would indicate that his opinion of his
supporters bordered almost on contempt. Cartier lived in an age of
restricted suffrage; he derived his strength from the better class of
the population that trusted him entirely, but his methods would not suit
a democracy and its representatives. Be that as it may, it cannot be
gainsaid that the work he performed was great and far-reaching. It bears
evidence that he was a man of great powers, and that with constant and
hard labour, his achievements were considerable. |