IT is quite obvious
that many and radical changes were required in the Canadian system of
government before it could attain even to the American, much less to the
British, form of responsible government. To convert the Canadian system
from the decidedly non-British condition in which it had been placed and
maintained, chiefly by the power of the family Compact party, was the
essential and all-important work required of the new governor in
connection with the introduction of responsible government. This had
been recognized ui Lord Durham's Report as the most difficult task in
the introduction of responsible government, though the Report itself
apparently erred in representing it when introduced as indistinguishable
from complete and independent sovereignty.
What then were the most
important changes which must be made in the Canadian system of
government in order to render it possible to operate that system of
responsible government advocated in the Durham Report, which Lord John
Russell accepted and encouraged Governor Poulett Thomson to introduce.
In the first place, the members of the executive council must be made to
hold their positions at the pleasure of the Crown." Should the Crown in
future, as Lord John Russell's despatch indicated, pay special respect
to the wishes of the representatives of the Canadian people, then the
members of the executive council must be brought into harmony with the
legislature. The legislative council, even as an appointed body, must no
longer represent a close corporation of court favourites. In the spirit
of mutual confidence established between the Crown and the people, the
council must be filled with those who will command the respect of the
province. Again, in order that the chief executive officers might
represent a connected and self-consistent policy, which would be able to
command the intelligent support of a majority in the assembly, the
executive officers must be in sufficient agreement on all the essential
points of provincial policy that there might be no public friction among
them. To this end it was necessary that they should be organized under
an acknowledged leader. In other words, there must be formed a
responsible cabinet composed of the chief executive officers, with seats
in one or other branch of the legislature, and able to command the
support of the majority of the assembly. to secure such a harmony of
interests as would bring into a working agreement the legislative,
executive, and imperial interests was just the object to be secured by
that informal adjustment of powers which Lord John Russell's despatch
represented as the true and only expression of responsible government
within self-governing portions of the British empire.
To introduce these
great changes, amounting to a virtual revolution as regards the previous
system of Canadian politics, and to lay the foundations for a system of
precedent and custom which would in time render Canadian cabinet
government as stable and its evolution as safe as that of the British
constitution itself, was the unique service to be rendered by Lord
Sydenham. Once definitely introduced, the system had to be gradually
developed m its practice and traditions, and the division of
responsibility on this or that subject had to be readjusted from time to
time. Similarly, the weight of responsibility as between the home
government and the colonies had to be gradually shifted and adapted as
the development and self-reliance of the colonies increased, and in
proportion as they showed their appreciation of their liberty and their
ability to work harmoniously with the home government oil those lines of
mutual respect and confidence referred to by Lord John Russell.
The first great step in
this transformation of colonial practice was of necessity the breaking
up of the proprietary position of the chief executive officers, which
was the essence of what was known as the Family Compact. The Compact was
not in reality a political party, for the members of it did not, as a
matter of fact, always agree among themselves on questions of public
policy. Neither was it, as its members constantly pointed out in their
stock argument in rebuttal, a body of persons specially connected by
blood relationship. It was simply a group of persons, more or less bound
together by strong ties of personal interest, establishing and
maintaining their hold upon the executive offices, and consequently upon
the governors, and all public grants, emoluments, and appointments
depending upon the executive power. The dissolving of the proprietary
control of the executive offices was accomplished very adroitly by
another despatch from Lord John Russell, laying down the future
conditions as to the tenure of these offices. This important despatch,
also addressed to Governor Poulett Thomson, s as follows:—
"Downing Street,
October 16, 1839.
"Sir,—I am desirous of
directing your attention to the tenure on which public offices <n the
gift of the Crown appear to be held throughout the British colonies. I
find that the governor himself, and every person serving under him, are
appointed during the royal pleasure, but with this important difference:
the governor's commission is, in fact, revoked whenever the interests of
the public service are supposed to require such a change in the
administration of local affairs; but the commissions of all other public
officers are very rarely indeed recalled, except for positive
misconduct. I cannot learn that during the present or the two last
reigns, a single instance has occurred of a change in the subordinate
colonial officers, except in cases of death or resignation, incapacity
or misconduct. This system of converting a tenure at pleasure into a
tenure for life, originated probably in the practice which formerly
prevailed of selecting all the higher class of colonial functionaries
from persons who, at the time of their appointment, were resident in
this country; and amongst other motives which afforded such persons a
virtual security for the continued possession of their places, it was
not the least considerable that, except on those terms, they were
unwilling to incur the risk and expense of transferring their residence
to remote, and often to unhealthy, climates. Rut the habit which has
obtained of late years of preferring, as far as possible, for places of
trust in the colonics, persons resident there, has taken away the
strongest motive which could thus be alleged in favour of a practice to
which there are many objections of the greatest weight. It is time,
therefore, that a different course should be followed, and the object of
my present communication is to announce to you the rules which will be
hereafter observed on this subject in the province of Lower Canada.
"You will understand
and will cause it to be made generally known, that hereafter the tenure
of colonial offices held during Her Majesty's pleasure will not be
regarded as equivalent to a tenure during good behaviour; but that not
only such officers will be called upon to retire from the public service
as often as any sufficient motives of public policy may suggest the
expediency of that measure, but that a change in the person of the
governor will be considered as a sufficient reason for any alterations
which his successor may deem it expedient to make in the list of public
functionaries, subject, of course, to the future confirmation of the
sovereign.
"These remarks do not
extend to judicial offices, nor are they meant to apply to places which
are altogether ministerial, and which do not devolve upon the holders of
them duties in the right discharge of which the character and policy of
the government are directly involved. They are intended to apply rather
to the heads of departments than to persons serving as clerks or in
similar capacities under them. Neither do they extend to officers in the
service of lords commissioners of the treasury. The functionaries who
will be chiefly, though not exclusively, affected by them, are the
colonial secretary, the treasurer or receiver-general, the
surveyor-general, the attorney- and solicitor-general, the sheriff or
provost-marshal, and other officers who, under different designations
from these, are intrusted. with the same or similar duties. To this list
must also be added the members of the council, especially in those
colonics in which the legislative and executive councils are distinct
bodies.
"The application of
these rules to officers to be hereafter appointed will be attended with
no practical difficulty. It may not be equally easy to enforce them in
the case of existing officers, and especially of those who may have left
this country for the express purpose of accepting the offices they at
present fill. Every reasonable indulgence must be shown for the
expectations which such persons have been encouraged to form. Rut even
in these instances it will be necessary that the right of enforcing
these regulations should be distinctly maintained ih practice, as well
as in theory, as often as the public good may clearly demand the
enforcement of them. It may not be unadvisable to compensate any such
officers for their disappointment even by pecuniary grants, when it may
appear unjust to dispense with their services without such an
indemnity."
This despatch was
hailed with delight by the responsible government party, because it was
recognized as evidently designed to open the way for a change of
ministry whenever the members of the executive council had lost the
confidence of the legislature. On the other hand it was received with
something like consternation by the office-holders, and with very great
doubt by their backers and the Conservative clement generally. They,
too, recognized that it meant the virtual introduction of responsible
government, though without specifically naming it. "People are 110
longer to hold offices subject to good behaviour," said the Kingston
Chronicle, "giving lis plainly to understand that good behaviour is an
indifferent sort of recommendation to a Whig colonial ministry." The
Quebec Gazette, unshakenly devoted to the old paths, criticized the
measure very harshly, fearing that while it implied on the face of it
responsibility to the executive and the Crown, it was very likely to
degenerate into responsibility to the majority, as it would be difficult
for the governor to resist the majority, and practically impossible for
the executive officers to do so. In Canada the heads of departments
lived by their offices, and had not, as in Britain, the independent
means which would enable them to place principle before profit and
refuse to change their views in response to the clamours of the
multitude. The Toronto 4Patriot, however, already wavering in its
opposition to the new governor, saw no great danger m that form of
responsible government, the responsibility being to the Crown.
While the policy of
this despatch undoubtedly rendered responsible government possible, yet,
as we have seen, much remained to be done before it could be rendered
actual. There was as yet no constitutional machinery for effecting an
orderly change of ministry. There was no regular party system with
recognized leadership, and consequently no plain indication to the
governor, through formal divisions of the House, as to what particular
policy on any given issue the public would support, Neither was there
any organization to suggest with any certainty who were the individuals
commanding the confidence of a majority in the assembly on any special
issue, and still less indication as to whether the parties who might
receive the support of the majority on this or that issue could agree
among themselves as to a general policy or a mutually acceptable
programme on the leading issues. With all this lack of organization
there could be no position corresponding to that of the prime minister
of to-day. There were indeed various tentative efforts towards the
formation of political groups, but they were generally organized for the
purpose of promoting this or that special object. The Reformers were
never definitely united on any issue before that of responsible
government, and as they were united on nothing else, they could not have
worked responsible government. There was a general though vague
distinction between Reformers and Conservatives, which under definite
organization would naturally crystallize into two great parties, but
there was as yet little harmony between the different sections of either
wing. As we have seen, in taking the attitude of the different sections
of the people on the two great questions then before them—union and
responsible government—the arrangement of groups on one of these
questions was quite different from their arrangement on the other. In
Upper Canada also, that other great question, the Clergy Reserves,
divided the people differently from either of the others. Numerous other
instances of cross-divisions could be given, if we followed up the
attitude of leading politicians on other important matters discussed
within the preceding years, and on which it was essential that a
ministry should have a connected policy. The existing situation was
such, then, that any popular ministry formed directly in response to the
cry for responsible government would be apt to have a sweeping majority
on one question and find itself in a hopeless minority on many others.
Rut, as we know, a responsible government of the British type cannot be
carried on upon these terms. There must be party organization with
accepted leadership and a coherent programme.
Obviously the very
machinery for working responsible government had to be created. In order
to create it, introduce it, and get it into a fairly good working
condition, it was necessary that the governor-general should virtually
take the initiative, and for the time exercise very extraordinary
[lowers, playing the combined role of prime minister,
lieutenant-governor, and governor-general; and in the meantime be given
a remarkably free hand by the home government. Thus it fell out that the
governor-general who was to introduce responsible government and prepare
the way for a gradual retirement from actual politics of all future
governors-general from Lord Elgin on, was himself to exercise a personal
power in ministerial control unknown to any of his predecessors or
successors. In breaking up the Compact party and their hold upon the ad
ministration, the governor had to temporarily take over all their powers
into his own hands in order to bestow them afresh either upon the same
men under new conditions of office, or upon a new set of ministers
taking up their duties on a mutually responsible basis.
To make such a
transition possible in Canada, under the conditions of the time, two
things were necessary, first, that the governor must thoroughly
understand the practical workings of the cabinet system based upon party
government. This qualification Lord Sydenham certainly had, and was the
first of Canadian governors to possess. On the other hand, it would
never have done to transfer the executive power directly from the
Compact party to a number of their opponents, amenable only to an
amorphous assembly, quite untrained in the most vital features of
British parliamentary procedure. Such a policy, though advocated, as we
shall see, by conscientious Reformers such as Baldwin, would have been
utterly impracticable. It would have inevitably produced riot in Upper
Canada, and was simply inconceivable in Lower Canada. But, however
distasteful to the ultra-Conservatives, it was strictly within the
powers of the governor-general, according to the soundest doctrine of
the Compact party, to take the direction of the executive government
into his own hands, even while permitting the existing holders of office
to remain, subject however to his pleasure. This the new instructions on
the tenure of office permitted the governor to do. Thereafter, m making
any changes in office, he could place in the executive positions such
persons as he recognized might command the respect and confidence of a
majority of the .assembly. Rut, as this would be for some time an
experimental process, by keeping sufficient reserve power in his own
hands he could, on the one hand, correct any mistakes in the filling of
the offices, and, on the other, prevent his ministry from being thrown
out before the new system had had time to crystallize into a working
organization. As the ministry acquired facility in working in harmony
with each other, until they could hold together of their own accord and
trust themselves to the tender mercies of a parliamentary majority,
itself requiring considerable coaching, it would be possible for the
governor to relax his power and admit ultimately the complete
responsibility of his ministry. How much patience, wisdom, and tact,
rapid and accurate judgment of men and measures, how much of the wisdom
of the serpent masked under the harmlessness of the dove this process
required, only those who are familiar with the chaotic condition of
Canadian public life, the bitter recriminations, deep jealousies, and
far-reaching antagonisms of that period, can understand.
To attempt to effect
such an administrative revolution in an atmosphere surcharged with the
most opposite views on the question of responsible government was
especially difficult, for it was quite obvious that during the whole
process of transition the question would be repeated in scores of forms,
and with the most opposite motives: Must the ministry resign on an
adverse vote ? It was plain that at the beginning of the process the
ministry could not necessarily be sacrificed on every adverse vote, even
on important issues, while at the close of the process the ministry must
of necessity resign on a definite adverse vote. At the beginning of the
process the ministry were the chosen instruments of the
governor-general, and depended upon him for their cohesion, their unity
of policy and tenure of office; but at the end of the process they were
the instruments of the legislature, and dependent upon the majority of
the assembly for their political support and tenure of office. During
the interval all the difficult stages of transition must be traversed.
This transition process was naturally distasteful to impatient and rigid
theorists of both extremes, bringing upon the governor the opposition of
ultra-Tories and ultra-Radicals.
In addition to proving
practically the only feasible method of introducing the British system
of responsible cabinet government into Canada, Lord Sydenham's policy
achieved the introduction of this system on the terms laid down in Lord
John Russell's despatch. At the close of the first session of the united
parliament, after a great deal of successful fencing, the principle was
at length openly recognized that the ministry must resign on an adverse
vote; yet it was recognized on such terms that the rights of the three
estates, the assembly, the council, and the Crown, were preserved. All
definition of their respective spheres of influence was avoided; the
responsibility of the ministers and the colonial relationship were left
simply as working principles, and they have remained such from that day
to this, amid all the readjustments of the balance of power between the
three estates and within the empire. The messages of Lord John Russell
on responsible government and the tenure of office marked the beginning
of this process; the working out of it is to be traced in the practical
details of Lord Sydenham's administration and that of his successors
within the following decade. |