LEAVING the
administration of Upper Canada in the hands of Sir George Arthur,
immediately on the close of the session the governor returned to
Montreal and summoned the Special Council, in order to dispose of such
matters of purely local concern as required immediate attention, or as
would only have proved an embarrassment among the more general matters
which were certain to crowd the first session of the united legislature.
That the political outlook in the Lower Province was not of a very
promising character may be gathered from the following private letter
which summarized the situation.
"1 have been back three
weeks, and have set to work in earnest in this province. It is a bad
prospect, however, and presents a lamentable contrast to Upper Canada.
There great excitement existed; but at least the people were quarrelling
for realities, for political opinions, and with a view to ulterior
measures. Here there is no such thing as political opinion. No man looks
to a practical measure of improvement. Talk to any one upon education,
or public works, or better laws, let him be English or French, you might
as well talk Greek to him. Not a man cares for a single practical
measure—the only end, one would suppose, of a better form of government.
They have only one feeling-—a hatred of race. The French hate the
English, and the English hate the French; and every question resolves
itself into that and that alone. There is positively no machinery of
government. Everything is to be done by the governor and his secretary.
There are no heads of departments at all, or none whom one can depend
on, or even get at; for most of them are still at Quebec, and ;t is
difficult to move them up here, because there are no public buildings.
The wise system hithereto adopted has been to stick two men into some
office whenever a vacancy occurred; one Frenchman and one Britisher!
Thus we have joint Crown surveyors, joint sheriffs, etc., each opposing
the other in every tiling he attempts. Can you conceive a system better
calculated to countenance the distinction of race ? . . . . The only
way, under these circumstances, in which I can hope to do good, is to
wait for the Union in order to get a Government together; and that I
shall do. Meantime, what I am chiefly anxious about now is to get a good
division of the province for judicial purposes, which I shall make fit
in with the proposed municipal districts. I hope to get an entirely new
system of judicature, introducing circuits for the judges, and district
courts for minor civil causes. I have already established stipendiary
magistrates; and a rural police in this district, commenced by Lord
Seaton, I mean to extend generally over the whole province, in a few
weeks, by an ordinance.
In accordance with this
programme, a couple of draft ordinances to regulate the practice of the
courts of judicature were early presented to the Special Council. The
first, which related to the superior courts, was drawn by Chief-Justice
Stuart, and was printed for distribution. The criticisms received were
carefully considered, and the ordinance when passed gave general
satisfaction. The second provided for the establishment of minor or
district courts, as n Upper Canada. Another ordinance which gave rise to
much debate and petitions pro and con, was one for incorporating the
Seminary of St. Sulpice in Montreal. The object of this was to permit
the seminary to obtain an equitable commutation of its dues, and thus
extinguish feudal tenures in the Island of Montreal. In the estimation
of a number of influential English citizens of Montreal, this ordinance
was regarded as a further evidence of the governor's undue partiality
for the French-Canadians. He considered, however, that the commission of
1830 had established beyond question the equitable claim of the
seminary. Ordinances were also passed re-establishing civic corporations
for the cities of Quebec and Montreal, the former charters having
expired during the late troubles. There were altogether twenty-one
ordinances passed, including two railroad measures. The council was
prorogued on June 28th, and the governor thus briefly reported the
proceedings. "I have closed my Special Council, and send you home my
ordinances. They have done their work excellently well, thanks to Stuart
and my new solicitor-general, who turns out admirably.....
I have passed some, but
not all the measures which are indispensable previous to the Union. The
Registry Rill still remains; but that 1 shall get through in the autumn,
after it has been for two or three months before the public, which was
the course 1 adopted with the Judicature Rill, and found most
advantageous. Education also stands over; for it is impossible to do
anything in that until we get the municipalities erected in the
districts."
The new measures were
received with very mixed feelings, and undoubtedly the governor was
quite justified in his remark that "nothing but a despotism could have
got them through. A House of Assembly, whether single or double, would
have spent ten years at them." The Quebec. Gazette, which was so
bitterly opposed to the Union Rill and to responsible government,
preferring government from England rather than by any popular majority
in Canada, was nevertheless strenuously opposed to the despotic system
which came from England. In summing up a lengthy criticism of the work
of the governor and Special Council the Gazette said, "The system of
legislation by a Governor and Council prudently and discreetly managed,
might have been beneficial, for a time; but it has been completely worn
out, in little more than two years; thereby furnishing another striking
instance that power, even in the hands of enlightened and liberal men,
soon degenerates into the grossest abuse when there is no present and
ever-active check." Nevertheless, the Gazette continued to rail at all
forms of responsible government.
Immediately after
proroguing the Special Council at Montreal, the governor-general set out
for Quebec on his way to the Maritime Provinces, which were also
committed to his care. In Nova Scotia, in particular, an embittered
agitation was in progress, centring around the inevitable question of
responsible government. Mr. Joseph Howe was the leading exponent of the
new policy on that subject. It was understood in Canada that " the
object of His Excellences visit to Nova Scotia is to meet the
Legislature of that Province, and explain the views entertained by Her
Majesty's Government on the subject of Responsible Government." As a
matter of fact, the friction between the lieutenant-governor, Sir Colin
Campbell, and the executive council on the one hand, and the house of
assembly on the other, had reached a crisis. Oil April 30th Lord John
Russell requested the governor-general to proceed to Nova Scotia " to
inquire into the causes of these lamentable dissensions; but while Her
Majesty is determined not to admit of any thing derogatory to the honour
or reputation of Sir Colin Campbell, Her Majesty will be disposed to
listen favourably to any suggestions you may be able to make for the
better government, and future contentment of a portion of her people
from whom the Queen and her Predecessor have received so many proofs of
loyalty and attachment" In reply the governor promised that, though
sorely needed in Canada, he would meet the colonial secretary's wishes.
In a confidential despatch lie stated that, so far as he could learn
from his communications with that province, there were few, if any,
vital issues at stake, save only the lack of personal harmony between
the members of the executive council and the assembly. He regarded the
situation as but a striking instance of the unwisdom of attempting to
maintain in office persons who are objectionable to the majority of the
assembly. The colonial government, legislative and executive, should be
a unit on all important matters and command the confidence of the
popular majority, so that the advice which they tender to the governor
may be taken as expressing the wishes of the people. It will then be a
matter of imperial policy as to whether or not the advice of the
colonial government should be taken, and for that decision the governor
alone must be responsible, not the colonial executive.
The action taken by the
Nova Scotia assembly, in the present instance, rendered it difficult to
either refuse or concede their demands. So far as he could judge, before
studying the situation on the ground, his recommendation would be, "to
send out a Civil Governor to dissolve the Assembly; to re-model the
Executive Council upon its true principle, and to deal finally with the
state of things as it may then arise." He closes the despatch with this
significant remark, " The state of things indeed affords to my mind only
another instance of the mischief which must inevitably arise from
entrusting the delicate and difficult task of governing with a popular
assembly to persons whose previous pursuits have left them practically
unacquaiuted with the management and working of such bodies."
Arriving in Halifax,
July 9th, he was sworn in as governor the same day. The next day he held
a levee at Government House, received and replied to the usual
addresses, and immediately plunged into the details of the provincial
troubles. Consulting the leading men of all parties, he found the
political situation to be very much what he had anticipated in his
despatch from Montreal. There had been no quarrel with the
lieutenant-governor personally, nor over any measures of vital public
interest. The difficulties were entirely due to jealousy as to the
division of power and patronage between the assembly and the executive
council, a body established only three years previously. Upon the
governor alone devolved the task of defending the executive council,
which according to the governor-general was well-nigh impossible of
defence. It was composed of eleven men, only two of whom had seats in
the assembly, and the majority did not possess the confidence of the
people, being a constant source of weakness instead of strength to the
administration. The legislative council also had been a source of
weakness, its members having been selected too exclusively from the
party opposed to the majority of the assembly. Here again, as in Canada,
he found the central defect to be the lack of a well-organized
government in touch, through the assembly, with the needs and wishes of
the people. This lack of the basal principle in responsible government
he expresses as follows: "By far the most serious defect in the
Government is the utter absence of Power in the Executive, and ini total
want of energy to attempt to occupy the attention of the Country upon
real improvements or to lead the Legislature in the preparation and
adoption of measures for the benefit of the Colony. It does not appear
to have occurred to any one that it is one of the first duties of the
Government to suggest improvements where they are wanted. That the
Constitution having placed the power of Legislation in the hands of an
assembly and a Council it is only by acting through these Bodies that
this duty can be performed, and that if the proper and legitimate
Functions of Government are neglected, the necessary result must be, not
only that the improvements which the People have a right to expect will
be neglected and the prosperity of the Country checked, but that the
Popular Branch of the Legislature will misuse its power and the popular
mind be easily led into excitement upon mere abstract Theories of
Government to which their attention is directed as the remedy for the
uneasiness they feel."
He found that his
analysis of the situation in Nova Scotia and his proposed remedies were
entirely approved by Joseph Howe, then editor of the Nova Scotian and
leader of the popular party in the assembly. "I have received from that
gentleman and his friends and also from many others who are considered
as of the opposite party, the assurance of their readiness entirely to
concur in the course which I propose to adopt with regard to the
formation of the Councils, and lend their hearty co-operation to the
harmonious working of the system." The central principle in the new
system proposed is thus expressed: "I consider that principle to be,
that seats in the Executive Council shall be held only by the Officers
of the Government or by Members of either branch of the Legislature.
That the leading Officers of Government should take their fair share of
responsibility by becoming Members of it, if they wish to retain their
Offices. That where it may be expedient to give Seats in the Council to
Gentlemen not connected with Office, leading men should be selected,
giving a fair preponderance to those whose general opinions concur with
those of the majority of the assembly without excluding altogether
others, which in a small Colony, where parties are not and cannot be
ranged as they are in England, seems advisable." He then goes on to
specially in detail the changes to be effected, preferably by a new
governor. He closes this long confidential despatch with a clear
statement of the position which a governor-general must occupy in the
colonial system of North America, and which clearly indicates that in
the initial stages at least of responsible government, the governor must
be his own prime minister. "It appears to me indispensable to the good
conduct of Colonial Government that the initiation should be taken by
the Executive in all measures for the improvement of the Province, and
this can be effectually done by no one but the governor himself. He is
in fact the Minister, and unless, therefore, he is from his habits
inclined to consider questions of Civil Government, and has some
acquaintance with the mode in which, first of all, the task of preparing
measures is to be performed by those who hold Office under him, and next
with the working of popular institutions, it is in vain to expect either
that harmony can long be maintained, or that the Colony should prosper
as it ought to do. Moreover he must be responsible for selecting his own
cabinet.....
"If the Queen's
Representative is to be responsible to Her Majesty and Her Advisers, and
not to his Council—if the people are to look to him, and not to any
responsible advisers of his in the Colony, he must act as a minister
does n England. He must feel it to be his first duty to endeavour .to
act in harmony with the wishes of the people, he must impart vigour to
every branch of his Government, he must distribute his subordinate
Officers in the way which may be most acceptable to the Legislature,
thro' whom he has to act, and he must shew the Colony that he will
himself take the lead in all that may appear to be for their interest."
What Lord Sydenham did
not fully foresee was that when this system of organized cabinet
government was once definitely introduced, the function of acting "as a
minister does ui England" would be chiefly transferred to a minister in
Canada, leaving to the governor the purely formal function of
representing the home government in sanctioning that which s "in harmony
with the wishes of the people." Thus would be avoided that which Lord
Sydenham recognized as the chief difficulty in his conception of a
governor as prime minister; namely, what was to become of the governor
when his ministry was no longer acceptable to the people? If the prime
minister in England may be driven from power by a vote of want of
confidence, must not a Canadian minister, even if governor, suffer the
same fate ? Sydenham admitted that he ought to be recalled, but saw the
difficulty, from the point of view of imperial connection, ol recalling
a governor as the result of an adverse colonial verdict upon his
ministry. Rut by separating the functions of colonial prime minister,
once they were firmly established, and imperial governor, the fall of
the colonial minister would not involve the recall of the colonial
governor. It is true the governor would thenceforth represent but a
relatively small portion of his previous combination of functions, but
he would be the visible symbol, as the king is n Britain, of the
continuity of government amid the changes of ministries and the
dissolution of parliaments ; the visible symbol also of the unity of the
Empire. The permanence and unity were preserved by Lord Sydenham's plan
for the introduction of a responsible cabinet government with the
governor as the first prime minister. He thus adroitly bridged the chasm
between a line of governors who recognized little necessity for
accepting advice, and a line of governors who were to recognize as
little necessity for giving any.
While m Halifax, the
governor-general received a visit from Sir John Harvey,
lieutenant-governor of New Brunswick, conveying the desire of the people
of New Brunswick that he should visit that province. Lord Sydenham
accordingly paid a short visit to St. John and Fredericton. There he
found a governor and a government fulfilling his ideas of a true
colonial administration. " There reigns in New Brunswick the most
perfect tranquillity and an entire harmony between the Executive
Government and the Legislature. This state of things is greatly owing to
the course which has been pursued by the Lieutenant-Governor whose
personal popularity appears to be very considerable and no doubt much is
due to the good sense of the Inhabitants. The happy effects of it are to
be seen m the rapid advance which the Province is making to wealth and
prosperity." Sir John Harvey had already expressed his views on
responsible government, and they very closely corresponded with those of
Lord Sydenham.
Returning to Halifax on
July 20th, he set out for Quebec on the twenty-eighth, reaching that
city on the thirty-first. On his way to Montreal he passed through the
Eastern Townships. Everywhere he put himself n personal touch with the
people, receiving most hearty responses. Realizing fully the political
advantage of such a course, and finding that the Union Bill had now
passed the British parliament, he immediately set out upon an extensive
tour of the western province. This proved of the utmost importance to
him in that first trying session of the united legislature. The tour
occupied the greater part of August and September, 18 to. His
experiences are best given in his own words, taken from a private letter
which deals with various incidents more freely than his formal
despatches, though these are also enthusiastic over the future prospects
of the province.
"This tour has indeed
been a triumph—a series of ovations. you can conceive nothing more
gratifying than my progress through Upper Canada, especially in the
west; nor, indeed, with one exception, anything more fortunate; for I
have had beautiful weather and good health, and have been able to keep
my time very exactly at the different places, so as to receive all
intended honours, and satisfy and please the people.
"That exception was
Lake Erie. The Government steamer in which I embarked was altogether the
filthiest and vilest concern which ever floated on water. Admiralty, not
Provincial, of course; and my patriotism prevented me from hiring a
Yankee steam-boat instead, which would have conveyed me safely and
comfortably. We had a storm on the lake, and got very nearly lost; and
what was as bad, 1 could put in nowhere to see the coast, but was
obliged to run for Amherst burg. The same thing happened on Lake Huron,
where the sea runs as high as in the Ray of Biscay; and, to complete the
catastrophe, in running up the river Thames to Chatham away went the
rudder and tiller, both as rotten as touchwood. So I abandoned the
Toronto to cut a fresh rudder out of the woods, and was right glad to
get the rest of my tour by land.
"I had a carriage on
board and plenty of saddle-horses, and as the roads are not impassable
at this time of year, on horseback at least, I made out admirably.
"Amlierstburg,
Sandwich, River St. Clair, Lake Huron, Goderich, Chatham, London,
Woodstock, Brantford, Simcoe, the Talbot Road and Settlement, Hamilton,
Dundas, and so back to Toronto. You can follow me on a map. From Toronto
across Lake Simcoe to Penetanguishene on Lake Huron again, and back to
Toronto, which I left last night again for the Bay of Quints. All
parties uniting in addresses at every place, full of confidence in my
government, and of a determination to forget their former disputes.
Escorts of two and three hundred farmers on horseback at every place
from township to township, with all the etceteras of guns, music, and
flags. What is of more importance. my candidates everywhere taken for
the ensuing elections; in short, such unanimity and confidence I never
saw, and it augurs well for the future. Even the Toronto people, who
have been spending the last six weeks in squabbling, were led, I suppose
by the feeling shown in the rest of the province, into giving me a
splendid reception, and took in good part a lecture I read them, telling
them that they had better follow the good example of peace and renewed
harmony which had been set them elsewhere, instead of making a piece of
work about what they did not understand.
"The fact is, that the
truth of my original notion of the people and of this country is now
confirmed. The mass only wanted the vigorous interference of a
well-intentioned Government, strong enough to control both the extreme
parties, and to proclaim wholesome truths, and act for the benefit of
the country at large in defiance of ultras on either side.
"Rut, apart from all
this political effect, I am delighted to have seen this part of the
country; I mean the great district, nearly as large as Ireland, placed
between the three lakes—Erie, Ontario, and Huron. You can conceive
nothing finer I The most magnificent soil in the world—four feet of
vegetable mould—a climate certainly the best in North America—the
greater part of it admirably watered. In a word, there is land enough
and capabilities enough for some millions of people, and for one of the
finest provinces in the world; the most perfect contrast to that
miserable strip of land along the St. Lawrence, called Lower Canada,
which has given so much trouble.
"I shall fix the
capital of the United Province in this one of course. Kingston will most
probably be the place; but there is everything to be done there yet, to
provide accommodation for the meeting of the Assembly in the spring."
I he addresses which he
everywhere received expressed confidence in the new administration and
renewed hope for the future. His replies were no mere permutations on
formal platitudes, but were filled with vital principles and a vigorous
handling of the chief issues before the country, adapted to local needs.
His frank yet courtly manner, his shrewd appreciation and sympathetic,
treatment of the real needs of the people, and his magnetic personality
quite captured the hearts and confidence of the people, who recognized
in him an entirely new style of governor who dealt with Canadian
problems from a new, popular, and firsthand point of view.
He was not so
successful, however, with the people of Lower Canada, who, for various
reasons, were less fortunately situated for taking an independent view
of the problems of the country, and were more completely under the
control of their former leaders. "Great efforts are made by some few of
the old Leaders of the Papineau Party to mislead the people, and they
are seconded in a most mischievous manner by Mr. Neilson of Quebec. But
altho they may be successful in imposing on the credulity and ignorance
of the habitants so far as to obtain the return to the United
Legislature of a small party of violent men opposed to British
connection, I am satisfied that they will not again induce the Peasantry
to support any attempt at disturbance." |