To understand the
system of government which Howe assailed, we must go back to the very
origin of the British colonies. In the sixteenth and seventeenth
centuries an exaggerated importance was attached to money as such. A
dollar’s worth of gold or silver was held to be of more value than a
dollar’s worth of grain or timber; not merely more convenient, or more
portable, or more easily exchangeable, but absolutely of more value. A
country was supposed to be rich in proportion to the amount of money or
bullion which it possessed. At first the only colonies prized were those
which, like the Spanish, sent bullion to the mother country. Later on,
when it was found that bullion need not be brought directly into a
country, but might come in the course of trade, this exaggerated belief
in money compelled the mother country so to regulate the trade of the
colonies as to increase her stores of bullion. To keep as much money as
possible within the Empire the colonies were compelled to buy their
manufactures in the mother country, and as far as possible to restrict
their productions to such raw materials as she herself could not
produce, and which she would otherwise be compelled to buy from the
foreigner. In carrying out this policy the mother country did her best
to be fair ; the relation was not so much selfish as maternal. If the
colonies were restricted in some ways, they were encouraged in others.
If, for example, Virginia was forbidden manufactures, her tobacco was
admitted into Great Britain at a lower rate of duty than that of Spain
or other foreign countries, and tobacco-growing in England was forbidden
altogether.
This system, which was embodied in a series of Acts known as Acts of
Trade, or Navigation Acts, did not, in the state of development they had
reached, hurt the colonies. In some ways it was actually of advantage to
them. A new country, with cheap land and dear labour, must always devote
itself mainly to the production of raw materials, and to many of these
colonial raw materials Great Britain gave a preference or bounties. At
the same time, as was only natural, the tendency was for the colonies to
look on the advantages as no more than their due, and on the
restrictions as selfish and unjustifiable.
Though attempting thus to regulate the economic development of the
colonies, the mother country paid little attention to their political
growth. There was indeed in each colony a governor, sent out from
England, and a Council, which was supposed to help him in legislation
and in government; but more and more power passed, with but little
resistance from Great Britain, into the hands of an Assembly elected by
the people of the colony. As one Loyalist wrote of them, the Assembly
soon discovered 'that themselves were the substance, and the Governor
and Board of Council were shadows in their political frame.’
At the American Revolution the revolutionary leaders were, in the main,
men of the people, trained in political arts and eloquence in these
local assemblies ; their complaints against the mother country were, in
part at least, against her restrictive colonial system. Hence, after the
winning of American independence, when the mother country endeavoured to
draw lessons from her defeat, it appeared to her statesmen that the
colonies had been lost through too much political democracy in them and
too much economic control by her. Thus after the Revolution we find a
series of favours given to colonial trade. The timber trade and the
shipbuilding of Nova Scotia were aided by bounties and preferential
duties. Her commerce was still largely with Great Britain, where she
purchased manufactured articles, though even here certain concessions
were made; but so important were the favours considered that not even
Howe thought the control a grievance, and when in 1846-49 Great Britain
inaugurated free trade and put the colonies upon their own feet, Nova
Scotians, while not despairing as openly as did the people of Montreal,
yet thought it a very great blow indeed.
While conferring these favours, Great Britain exercised a growing
control over Nova Scotian political affairs. The Assembly, granted in
1758, was indeed retained, but a restraining hand was kept on it by the
Colonial Office in London, through the governor and the Council. An
attempt was made to combine representative and irresponsible government.
The House of Assembly might talk, and raise money, but it did not
control the expenditure, the patronage, or the administration, and it
could neither make nor unmake the ministry. The more important House was
the Council, which consisted of twelve gentlemen appointed by the king,
and holding their offices practically fo/ life. This body was at once
the Upper House of the Legislature, corresponding to our present Senate,
and the Executive ov Cabinet. It was also to a certain extent a judicial
body, being the Supreme Court of Divorce for the province. It sat with
closed doors, admitting no responsibility to the people. Yet no bill
could pass but by its consent. It discharged all the functions of
government; all patronage was vested in it. It might do these things
ill; its administration might be condemned by every one of the
representatives of the people; but its authority remained unaffected.
In this Council sat the heads of departments, as they do in our modern
Cabinet. They were appointed in and by Great Britain, and helped to
control the commercial policy. Another member was the bishop of the
Anglican Church, for the seemly ceremonies and graded orders of clergy
of this body were deemed to be a counterpoise to popular vagaries and
vulgarity. Prior to the American Revolutionary War there had been no
colonial bishopric; three years after its close the first bishop of Nova
Scotia was appointed.
Owing to the favour shown to this Church, education long remained almost
entirely in its hands, and to the political struggle an element of
religious bitterness was added. King’s College at Windsor, at first the
only institution of higher learning in the province, was not open to any
person who should frequent the Romish mass, or the meeting houses of
Presbyterians, Baptists, or Methodists, or the conventicles or places of
worship of any other dissenters from the Church of England, or where
divine service shall not be performed according to the liturgy of the
Church of England.’ It is true that the Church enjoyed no rights which
she did not at the time enjoy in England, and that King’s College was
less illiberal than were the Universities of Oxford and Cambridge; but
the circumstances were widely different. In England the Anglicans
comprised the bulk of the people, and almost the whole of the cultivated
and leisured classes; in Nova Scotia they were in the minority. Yet
when, in 1820 and again in 1838, an attempt was made to found Dalhousie
College at Halifax on a more liberal basis, the opposition of the Church
of England led to the failure of the scheme.
In the Council the chief justice had a seat. As a member of the
Legislature he made the law ; as one of the Executive he administered
the law ; and as judge he interpreted the law.
But the most potent element in the Council was for some time the
bankers. Early in the nineteenth century, when there was no bank in the
province, the government had issued notes, for the redemption of which
the revenues of the province were pledged. In 1825 some of the more
important merchants founded a bank, and issued notes payable in gold,
silver, or provincial paper. The Halifax Banking Company, as this
institution was called, was simply a private company, with no charter
from the province, and that it was allowed to issue notes is an instance
of the easy-going ways of those early days. No less than five of its
partners were members of the Council. Thus the state of affairs for some
years was that there was but one bank in the province, that its notes
were redeemable in provincial paper, and that the Council was largely
composed of its directors, who could order the province to print as much
paper as they wished!
The Halifax Banking Company was of great benefit to the provincial
merchants, and, though its partners made large profits, there is no
proof that they abused their position on the Council to aid them in
business. But the general feeling in the province was one of suspicion,
and the combination of financial and legislative monopoly was certainly
dangerous. Soon some other citizens endeavoured to found another bank
and to have it regularly incorporated by provincial charter, with the
proviso that all paper money issued by it should be redeemable in coin.
The directors of the Halifax Banking Company fought this proposal
fiercely, both in business circles and in the Council, arguing that as
the balance of trade was against Nova Scotia, there would rarely be
enough ‘hard money’ in the province to redeem the notes outstanding. In
1832, however, popular clamour forced the legislature to grant its
charter to the second bank, the Bank of Nova Scotia. The Halifax Banking
Company1 also continued to do a flourishing business, and during the
struggle of Howe and his fellow-reformers against the Council, the
influence of its partners was one of the chief causes of complaint.
Thus the Council comprised the leaders in Church and State, among them
the chief lawyers and business men. These formed the ‘Society’ of
Halifax, and to them were added the government officials, who were
usually appointed from England. Some of the latter were men of honour
and energy, but others were mere placemen in need of a job. When the
famous Countess of Blessington wished to aid one of her impecunious
Irish relations, she had only to give a smile and a few soft words to
the Duke of Wellington, and her scapegrace brother found himself
quartered for life upon the revenues of Nova Scotia. Charles Buller, in
his pamphlet Mr Mother Country of the Colonial Office, hardly
exaggerated when he said that ‘ the patronage of the Colonial Office is
the prey of every hungry department of our government. On it the Horse
Guards quarters its worn-out general officers as governors ; the
Admiralty cribs its share ; and jobs which even parliamentary rapacity
would blush to ask from the Treasury are perpetrated with impunity in
the silent realm of Mr Mother Country. O’Connell, we are told, after
very bluntly informing Mr Ruthven that he had committed a fraud which
would forever unfit him for the society of gentlemen at home, added, in
perfect simplicity and kindness of heart, that if he would comply with
his wishes and cease to contest Kildare, he might probably be able to
get some appointment for him in the colonies.’
When the governor came out entirely ignorant of colonial conditions he
naturally fell under the influence of those with whom he dined, and as
all dealings with the British government were carried on through him,
the Council and the officials had by this means the ear of the Colonial
Office. A office-holding oligarchy thus grew up, with traditions and
prestige, and known, as in Upper Canada, by the name of the ‘Family
Compact.’ Nowhere did this system seem as strong as in Nova Scotia;
nowhere did its leaders show so much ability or a higher sense of honour;
nowhere did they endeavour to govern the province in so liberal a
spirit. Yet it was fundamentally un-British and it was to be completely
overthrown by the attack of a printer’s boy turned editor.
The leaders of the Halifax Compact in Nova Scotia were not only men of
ability and integrity, they had also a reasoned theoiy of government.
Their ablest exponent of this theory and the stoutest defender of the
old system was Thomas Chandler Haliburton, Howe’s lifelong personal
friend and political antagonist.
Haliburton was at once
a scholar and a wit. In 1829 Howe published for him his Historical and
Statistical Account of Nova Scotia, a work which, in spite of its
mistakes, may still be read with profit. In 1836-37 a series of sketches
appeared in the Nova Scotian, which were reprinted with the title of The
Clockmaker; or the Sayings and Doings of Sam Slick of Slickville. These
were issued in volume form in 1837, and took by storm the
English-speaking world. The book has no plot. It tells how the author
and his friend Sam, a shrewd vulgar Down-East Yankee, ride up and down
the province discoursing on anything and everything. Shrewd, kindly,
humorous, with an unfailing eye for a pretty woman or a good horse,
selling his clocks by ‘a mixture of soft sawder and human nature,’ so
keen on a trade that he will make a bad bargain rather than none at all,
yet so knowing that he almost always comes out ahead, Sam is real to the
finger-tips. From Haliburton flows the great stream of American dialect
humour. Mark Twain, Artemus Ward, and a dozen others, all trace their
descent from him.
But Haliburton’s real object was intensely serious. He desired to awake
Nova Scotians from their lethargy. ‘How much it is to be regretted' he
wrote, ‘that, laying aside personal attacks and petty jealousies, they
would not unite as one man, and with one mind and one heart apply
themselves sedulously to the internal improvement and development of
this beautiful province. Its value is utterly unknown, either to the
general or local government.’ It is in his writings that we find the
best exposition and defence of the ‘Compact’ theory of government.
‘Responsible Government,’ says Haliburton, 'is responsible nonsense.’
Some one must be supreme, and as between colony and mother country, it
must be the latter. The governor is sent out by the Colonial Office, and
to that office he must be responsible. Were he responsible to his
ministers or to the local House of Assembly, he might have to act in a
way displeasing to the mother country, and subordination would be at an
end. Responsible Government is a form of government only fit for an
independent country. It is incompatible with the colonial status.
But not only was Responsible Government impossible for a colony ; it
would, in any case, be a bad system for Nova Scotia, because it would be
too democratic. A wise constitution must be, like that of Great Britain,
composed of various elements. Such a mixed constitution Nova Scotia had.
The governor contributed a bit of Monarchy, the Council a bit of
Aristocracy, the Assembly a bit of Democracy. All had thus their fair
share. Under Responsible Government, with all power in the hands of the
Legislative Assembly, the balance would be overthrown and the democracy
would be supreme. To Haliburton, control by the democracy meant control
by the crafty, self-seeking professional politician, as he saw him, or
thought he saw him, in the neighbouring United States. The people, well
meaning, but ignorant and greedy, were at the mercy of the appeals to
prejudice and pocket of these wily knaves. Government should be the
affair of the enlightened minority, placed, as far as might be, in a
position of security and freedom from temptation. This government would
not be perfect, for ‘power has a natural tendency to corpulency,’ but it
would be far superior to an unbridled democracy.
Speaking of the tree of Liberty, which had grown so splendidly in the
United States, Haliburton makes an American say to Sam:
'The mobs have broken in and torn down the fences, and snapped off the
branches, and scattered all the leaves about, and it looks no better
than a gallows tree.’ Let the people attend to business, build their
railways, develop their water-powers, their farms, and their forests,
secure under the fostering care of the select few. ‘I guess if they’d
talk more of rotations and less of elections, more of them ar dykes and
less of banks, and attend more to top-dressing and less to redressing,
it'd be better for ’em. . . . Members in general ain’t to be depended
on, I tell you. Politics makes a man as crooked as a pack does a pedlar,
not that they are so awful heavy, neither, but it teaches a man to stoop
in the long run.’
Such, then, was the system and theory of government in Nova Scotia. Well
defended as it was, it had one fundamentally weak point: the people of
Nova Scotia did not want it. Howe had no great regard for the
professional politician, whether in the legislature or in the village
store. ‘Rum and politics are the two curses of Nova Scotia,’ he said.
But he saw that it would be absurd to tell the people to let well enough
alone, when, rightly or wrongly, they were discontented with their
government. The way to put an end to hectic agitation was not to curse
or to satirize poor human nature, but to remove the cause of the
agitation.
From early days there had been struggles against the oligarchy. In 1830
the speaker of the House, S. G. W. Archibald, protested against an
attempt of the Council to lower the duty on brandy. Apart from the
evident desire of the great merchants on the Council to get brandy in
cheap and sell it dear, he took his stand on the fundamental maxim that
taxation was the affair of the people’s House alone, that there should
be ‘no taxation without representation.’ A man is not necessarily a
village politician because he lives in a village, or a great statesman
because the stage on which he struts is wide. In this petty scuffle in
an obscure colony were involved the same principles on which John
Hampden defied King Charles. The Council gave way, and the old system
went on as before.
Then, on the 1st of January 1835, a letter appeared in the Nova Scotian,
accusing the magistrates of Halifax of neglect, mismanagement, and
corruption, in the government of the city. No names were mentioned; the
tone was moderate; but the magistrates were sensitive and prosecuted
Howe for libel. At this time there was not an incorporated city in any
part of the province. All were governed by magistrates who held their
commission from the Crown. When Howe received the attorney-generaPs
notice of trial, he went to two or three lawyers in succession, and
asked their opinion. They told him that he had no case, as no
considerations were allowed to mitigate the severe principle of those
days, that ‘the greater the truth the greater the libel.’ He resolved to
defend himself. The next two weeks he gave up wholly to mastering the
law of libel and the principles upon which it was based, and to
selecting his facts and documents. With his head full of the subject,
and only the two opening paragraphs of his speech written out and
committed to memory, he faced the jury. He had spoken before, but only
to small meetings, and on no subjects that touched him keenly. Now the
Court House was crowded, popular sympathy entirely on his side, and the
real subject himself. That magic in the tone that gives a vibrating
thrill to an audience sounded for the first time in his voice. All eyes
turned to him; all faces gleamed on him ; he noticed the tears trickling
down one old gentleman’s cheeks; he received the sympathy of the crowd,
and without knowing gave it back in eloquence. He spoke for six hours
and a quarter, and though the chief justice adjourned the court to the
next day, the spell was unbroken. He was not only acquitted, but borne
home in triumph on the shoulders of the crowd, the first, but by no
means the last, time that such an extremely inconvenient honour was paid
him by the Halifax populace. When once inside his own house, he rushed
to his room and, throwing himself on his bed, burst into passionate
weeping—tears of pride, joy, and overwrought emotion—the tears of one
who has discovered new founts of feeling and new forces in himself.
On that day the editor leaped into fame as an orator. Early in the next
year (1836) the House of Assembly was dissolved. Howe and his friend
William Annand were chosen as the Liberal candidates for the county of
Halifax, and were elected by large majorities. On. taking his seat Howe
was at once recognized as the leader of the party, and without delay
began the fight. |