THE year 1867 saw
Cartier at the climax of his glory and power. He was one of the
delegation sent to London to watch the progress of the British North
America Act through parliament. During his sojourn in the metropolis he
was lionized, and had the honour of being the Queen's guest. People fond
of contrasts could not help noticing the presence at Windsor Castle of
the ex-rebel of 1837, now a stalwart supporter of British institutions.
The contrast was not as glaring as some people would have it; the
insurgent youth had been transformed into a loyal subject by the liberal
policy of the government. When he returned to Canada in the summer to
take his part in setting the new constitution in motion, he had
practically no opposition in the electoral contest which followed the
union proclamation. Both the local and federal elections returned large
ministerial majorities. John A. Macdonald was called to form the first
administration under the new regime as having the largest number of
supporters., It was a reversal of the former state of things; from 1858
to 1862 Cartier was the premier of Canada. After the defeat of the
Macdonald-Dorion administration in 1864, Cartier was sent for, but he
advised Lord Monck to entrust Sir E. P. Tachd with the duty of forming a
cabinet. He feared that his presence at the head of the goyernment would
injure the prospects of his friends in Upper Canada, as he had taken
such an uncompromising stand against George Brown's aggressiveness. In
spite of the change he was the real premier of the short-lived
administration of 1864. In the Province of Quebec Mr. Chauveau was
selected as premier; no better choice could have been made. Of sterling
honour, and of very moderate views in politics, to which he had been a
stranger since 1859, he was well fitted to open the new era which was to
be at first one of peace and harmony.
Lower Canada acclaimed
Cartier as a conqueror, and public demonstrations were organized in his
honour in all leading cities and towns. In 1869 the government entrusted
him and Hon. William McDougall with the mission of negotiating the
purchase from the Hudson's Bay Company of their land in the North-West
Territories. The negotiations were protracted on account of the
exorbitant price placed on their rights by the possessors of those vast
regions, who asked for them as much as $5,000,000. Finally, under great
pressure at the hands of the colonial secretary, Lord Grey, they
accepted £300,000. At a dinner given to our delegates, Mr. Gladstone,
then prime minister, eulogized the Canadian statesmen. It was on this
occasion that Cartier used the expression for which he was so often
taken to task by some of his opponents: "We French Canadians are British
subjects like the others, but British subjects speaking French." These
words, it seems, represent correctly the position of the French
Canadians, and when other public men of the same nationality have
pledged their loyalty to the British crown, have they not proclaimed
themselves British subjects ? Cartier's sentence is apt and to the
point.
In the midst of these
successes a terrible storm burst upon Canada. While the government was
preparing to establish authority in the North-West, and before the
annexation of these regions became a fait accompli, a party of engineers
under Colonel Dennis had been sent to Fort Garry, and without a word of
warning, and also without any leave from the Hudson's Bay Company, began
to make surveys on the lands occupied by the half-breeds. These
naturally took offence at what seemed to them high-handed proceedings.
At first discontent remained inactive, then it flamed into open
rebellion when Hon. Wm. McDougall attempted to enter the newly acquired
territory as lieutenant-governor of the North-West. It would be
unnecessary to dilate on what followed: Riel's revolt, the establishment
of a provisional government, the murder of Scott, General Wolseley's
expedition, and Bishop Tachd's mission of peace to his people, who, at
his earnest request, laid down their' arms.
All these facts are
well known but it will not be out of place to recall here the timely
warning which was given by Bishop Taché of the trouble that was brewing,
and which, if it had been heeded, would have spared the country a vast
expenditure of money and the turmoil of a petty revolution. In 1869, the
venerable prelate, a personal friend of Cartier, had come to Ottawa to
warn the government that Colonel Dennis's action would cause mischief,
and that the half-breeds were in a great state of agitation. The
secretary of state refused to hear him. Cartier received the warning
with indifference, and finally told him that he knew all that was going
on, and that the agitation was not serious. The bishop insisted, and
pointed to the signs of a coming storm, but to no avail. He then set out
on his voyage to Rome, which he had hardly reached when a cablegram from
the Canadian government begged him to return at once to Canada to
appease the trouble. It was Cartier's boast that he was always better
informed than everyone else, but in this instance he and his colleagues
were singularly at fault.
Thanks to Bishop
Tachd's interference, the insurgent half-breeds laid down their arms and
many of them went forward to welcome General Wolseley at the Lake of the
Woods. Upon his return to England, the commander of the North-West
expedition, striking the attitude of a conqueror, related his experience
in Canada in Blackwood's Magazine, abusing the minister of militia, whom
he likened to Moli&re's Bourgeois gentilhomme, and belittling the
Canadian volunteers and voyageurs, whose services he was, a few years
after, anxious to secure for his Khartoum expedition.
During the session of
1871, the task of presenting the bill creating the Province of Manitoba
devolved upon Cartier. He conducted the debates on this subject with his
usual skill, and with mastery of all the details of the measure,
prefacing his speech on the second reading of the bill with this remark:
"The name of the new province will be Manitoba, a very euphonious word
meaning: The God that speaks. Well, let Canada's latest addition always
speak to the inhabitants of the North-West the language of reason, truth
and justice." He did not live long enough to see how his good wishes
were realized. Cartier, with his impulsive and generous nature and his
extreme liberal ideas, presumed too greatly on the large-mindedness of
others. Still in order to spare to Manitoba the troubles which were then
agitating New Brunswick over a school difficulty, he went the length of
surrounding the rights of the Catholics of Manitoba with all kinds of
safeguards, to protect them against all possible encroachments. In New
Brunswick, there was no law before confederation conferring upon Roman
Catholics any rights to the separate schools which existed there only on
sufferance. Therefore, the British North America Act, which guaranteed
the educational rights which minorities enjoyed before the passage of
that act, could not be appealed to. In order to avoid any difficulty in
Manitoba, Cartier inserted a clause which, to his mind would protect the
cause of the minority against all possible attacks. He caused it to be
enacted that all schools existing by law or practice previous to the
union of Manitoba with Canada, would have the right to exist conjointly
with other schools to be established hereafter, to share equally for
their support in the distribution of public monies. We now know what a
feeble rampart this was ; it was blown down at the first word of a
government opposed to separate schools, and the decision of these
adverse legislators was supported by all the Manitoba courts whose
judgment was, in turn, reversed by the unanimous decision of the Supreme
Court. The findings of judges often look like the obiter dicta of laymen
when laws are so diversely interpreted. The fate of this Manitoba law,
so cleverly designed in Cartier's mind to defeat any attempt to deprive
the Catholics of their schools, recalls O'Connell's opinion that he
could drive a coach and four through any act of parliament. On the other
hand, in view of this particular clause of the Manitoba Act, one is
tempted to ponder this problem, whether it is better to have a defective
constitution worked by liberal minded men or a perfect constitution
applied by men wanting that spirit.
To sum up the whole
matter it may be said that, in general, laws have but little force when
they are met adversely by an overwhelming public opinion, and in this
special instance, Cartier's measure, loyally conceived and carried out
in the interest of contemporary Roman Catholics and their posterity to
the furthest generation, was called upon to weather a storm of popular
prejudice which it was powerless to withstand. It foundered, but the
wreck remains to bear witness that Cartier and his colleagues were just
in their day, and endeavoured to perpetuate justice.
The matter, however,
that gave most concern to Cartier was the New Brunswick school embroglio.
When, in 1871, the news spread that the Catholics of that province had
been deprived of their system of separate schools which had existed up
to that time, and previous to confederation, the press of Quebec at once
took sides with the Catholics of New Brunswick. Without stopping to
inquire what was the true legal position, the editors cried out that the
minority was suffering persecution. Thus influenced, public opinion very
soon followed in the same track and the government was at once
importuned to interfere and protect the down-trodden minority. When
parliament met in the winter of 1872, Messrs. Costigan, Anglin, and
Renaud, brought up the grievance of their New Brunswick friends and
protested against the proposed change which denied to the Catholics any
share of the educational fund so long as their schools remained
sectional. They requested the disallowance of the obnoxious law; but the
government resisted that request on the ground that educational
legislation was vested solely in the provincial legislature; that
although sympathy went out towards the aggrieved citizens of that
province, it was out of the question to advise the governor-general to
veto the act. It was set forth by Sir John A. Macdonald, to make the
situation clear, that when the confederation scheme was under
discussion, an attempt had been made to place education under federal
control, which attempt the delegates from Quebec had entirely objected
to, going so far as to declare that they could not accept any scheme of
union in which education would pass from provincial control. It was,
however, decided that, in order to protect existing rights in Ontario
and Quebec, an appeal should lie to the central government if these
rights were interfered with by their respective local legislatures. The
government was sustained in this position, and Cartier, feeling the
great responsibility attached to his conduct in this matter, made a
decided effort to convince his co-religionists .how wrong they were in
pressing the government to interfere. The members were of one mind with
him, but outside of parliament the debate was waged between sentimental
reasons and legal arguments and, with the masses, the latter seldom gain
a victory. Cartier, with his usual vim and high spirit, when he was
seeking Lower Canada's concurrence, led the public to expect from
confederation more than it could give as a protection to minorities. Had
he not stated in the House at Quebec that any attempt upon the rights of
the minorities would be visited by the interference of the federal
power? "Is it possible to imagine that the general government or that
the local administration would be guilty of arbitrary acts? What would
be the consequence, supposing the latter should do any unjust action?
Measures of this sort would certainly be repudiated by the majority of
the people. It is not probable, therefore, that a minority will ever be
deprived of its rights. Under this system of federation which places in
the hands of the central government all matters of general interest, and
to whom question of races will be indifferent, religious or national
rights will not be ignored."
When confronted with
the stern fact of the New Brunswick grievance, he took another stand,
the only one justifiable in law, but not expected by his
fellow-religionists of Quebec. After having demonstrated in the clearest
manner possible that disallowance was not in this case within the
province of the central power, he appealed to the egotism and
self-interest of the French Canadians, who, of all the peoples united in
confederation, should be the last to ask for federal interference in
local affairs. It was altogether contrary to the maintenance of their
autonomy to create a precedent which might be used against them later
on. It was simply setting before the Protestant minority of Quebec an
example which they might imitate if any measure passed by the Quebec
legislature caused discontent among them. Certainly all this was sound
advice, and went far to strengthen the provincial rights, but at the
time it did not convince very many. Of course his sympathies, like those
of Sir John Macdonald, went openly with the aggrieved, but he gave them
to understand that they had in their own hands the means of obtaining
redress. They were an important minority, and if, with united efforts,
they persisted in claiming their rights, these would, before long, be
conceded to them. The government was sustained in this course, and
Cartier's suggestion that the opinion of the law officers of the crown
in England be obtained on the contention of the Catholics was accepted.
With this ended Cartier's parliamentary connection with the matter, but
the agitation waxed terribly strong against him in Quebec. Scarcely
anything else was discussed in the electoral campaign of 1872; great
questions like the tariff, protection to native industries, the Canadian
Pacific Railway—questions of vast import to the advancement of the
country—were scarcely mentioned. Matters of sentiment always take the
lead in the Province of Quebec, and become the all-absorbing topics of
the day.
Let us give the sequel
of that unfortunate incident, in order to draw from it a valuable moral
lesson. It was again brought up at the session of 1873, when Mr.
Costigan, not being satisfied with the decision adverse to his views
given by the law officers of the crown in England, again asked for the
disallowance of the obnoxious legislation. He carried his point against
the power of the government. All the Catholic members of Quebec save
four, two of whom were ministers, voted for the Costigan motion; many
did so reluctantly, simply obeying the dictates of public opinion and of
the clergy, but thinking probably in their own minds that they were
pursuing a dangerous course. When the Liberals came into power another
effort was made to obtain redress of the long standing grievance; but
the new administration was averse to anything which would look like
high-handed proceedings. At the session of 1874, Mr. Costigan forced it
again upon the attention of the Commons, with the help of the Quebec
Conservatives, who, having suffered so much at the hands of their
opponents from the agitation raised by this controversy, were bound now
to use it against them to the fullest extent. The object of the new
Costigan motion was to have the constitution amended so as to secure to
his co-religionists the privilege they claimed, and a violent debate
ensued. Judge of the astonishment of the Quebec members, when the rumour
became current that the bishop of New Brunswick had made a compromise
with the local government by which the Catholic children could receive,
under certain conditions, religious instruction in the public schools.
What offended the supporters of the Costigan motion was that the bishop
allowed them to continue this long standing fight after he had brought
the difficulty to an end, without giving them even a word of warning,
and without consulting them, after all the trouble they had taken to
obtain redress for his flock. The fact of the matter is that for nearly
five years, all the energies of Quebec had gravitated around this New
Brunswick local affair, to the exclusion of all other interests. It was
inferred from this want of consideration that this active and
sympathetic support was little appreciated when the need for it had
passed. The Quebec friends of the New Brunswick Catholics seemed then to
have played a rather Quixotic part in this battle for redress of other
people's grievances. They received an unmerited lesson, but one which
was lost upon them. They were again found on several occasions to be
more Catholic than the Pope and more aggrieved than the real sufferer of
the wrong. |