CHAPTER VI.

The assembly of Upper Canada passed an address giving full expression to the patriotic sentiments which animated all classes of people when the perilous state of affairs and the necessity for energetic action became apparent to the dullest minds. The Loyalists and their descendants, as well as other loyal people, rallied at the moment of danger to the support of Brock; and the immediate result of his decided orders was the capture of the post of Michillimackinac, which had been, ever since the days of the French régime, a position of great importance on the upper lakes. Then followed the ignominious surrender of General Hull and his army to Brock, and the consequent occupation of Detroit and the present state of Michigan by the British troops. Later, on the Niagara frontier, an army of invaders was driven from Queenston Heights, but this victory cost the life of the great English general, whose promptitude at the commencement of hostilities had saved the province. Among other brave men who fell with Brock was the attorney-general of the province, Lieutenant-Colonel John Macdonell, who was one of the general's aides. General Sheaffe, the son of a Loyalist, took command and drove the enemy across the river, in whose rapid waters many were drowned while struggling to save themselves from the pursuing British soldiery, determined to avenge the death of their honoured chief. A later attempt by General Smyth to invade Canadian territory opposite Black Rock on the Niagara River, was also attended with the same failure that attended the futile attempts to cross the Detroit and to occupy the heights of Queenston. At the close of 1812 Upper Canada was entirely free from the army of the republic, the Union Jack floated above the fort at Detroit, and the ambitious plan of invading the French province and seizing Montreal was given up as a result of the disasters to the enemy in the west. The party of peace in New England gathered strength, and the promoters of the war had no consolation except the triumphs obtained at sea by some heavily armed and well manned frigates of the United States to the surprise of the government and people of England, who never anticipated that their maritime superiority could be in any way endangered by a nation whose naval strength was considered so insignificant. But these victories of the republic on the ocean during the first year of the war were soon effaced by the records of the two subsequent years when "The Chesapeake" was captured by "The Shannon" and other successes of the British ships restored the prestige of England on the sea.

During the second year of the war the United States won some military and naval successes in the upper province, although the final results of the campaign were largely in favour of the defenders of Canada. The war opened with the defeat of General Winchester at Frenchtown on the River Raisins in the present state of Michigan; but this success, which was won by General Procter, was soon forgotten in the taking of York, the capital of the province, and the destruction of its public buildings. This event forced General Sheaffe to retire to Kingston, while General Vincent retreated to Burlington Heights as soon as the invading army occupied Fort George and dominated the Niagara frontier. Sir George Prevost showed his military incapacity at Sackett's Harbour, where he had it in his power to capture a post which was an important base of operations against the province. On the other hand Colonel George Macdonell made a successful attack on Ogdensburg and fittingly avenged the raid that an American force had made a short time previously on Elizabethtown, which was called Brockville not long afterwards in honour of the noted general. An advance of the invading army against General Vincent was checked by the memorable success won at Stoney Creek by Colonel Harvey and the surrender at Beaver Dams of Colonel Boerstler to Lieutenant Fitzgibbon, whose clever strategy enabled him to capture a large force of the enemy while in command of a few soldiers and Indians. When September arrived, the small, though all-important, British fleet on Lake Erie, under the command of Captain Barclay, sustained a fatal defeat at Put-in-Bay, and the United States vessels under Commodore Perry held full control of Lake Erie. A few weeks later, General Procter lost the reputation which he had won in January by his defeat of Winchester, and was beaten, under circumstances which disgraced him in the opinion of his superiors, on the River Thames not far from the Indian village of Moraviantown. The American forces were led by General Harrison, who had won some reputation in the Indian campaign in the north-west and who subsequently became, as his son in later times, a president of the United States.

It was in this engagement that the Shawenese chief, Tecumseh, was killed, in him England lost a faithful and brave ally. English prospects in the west were consequently gloomy for some time, until the autumn of 1813, when the auspicious tidings spread from the lakes to the Atlantic that the forces of the republic, while on their march to Montreal by the way of Lake Champlain and the St. Lawrence, had been successfully met and repulsed at Chateauguay and Chrysler's Farm, two of the most memorable engagements of the war, when we consider the insignificant forces that checked the invasion and saved Canada at a most critical time.

In the last month of the same year Fort George was evacuated by the American garrison, but not before General McLure had shamelessly burned the pretty town of Niagara, and driven helpless women and children into the ice and snow of a Canadian winter. General Drummond, who was in command of the western army, retaliated by the capture of Fort Niagara and the destruction of all the villages on the American side of the river as far as Buffalo, then a very insignificant place. When the new year dawned the only Canadian place in possession of the enemy was Amherstburg on the western frontier.

The third and last year of the war was distinguished by the capture of Oswego and Prairie-des-Chiens by British expeditions; the repulse of a large force of the invaders at Lacolle Mills in Lower Canada; the surrender of Fort Erie to the enemy, the defeat of General Riall at Street's or Usher's Creek in the Niagara district, the hotly contested battle won at Lundy's Lane by Drummond, and the ignominious retreat from Plattsburg of Sir George Prevost, in command of a splendid force of peninsular veterans, after the defeat of Commodore Downey's fleet on Lake Champlain. Before the year closed and peace was proclaimed, Fort Erie was evacuated, the stars and stripes were driven from Lake Ontario, and all Canadian territory except Amherstburg was free from the invader. The capital of the United States had been captured by the British and its public buildings burned as a severe retaliation for the conduct of the invading forces at York, Niagara, Moraviantown, St. David's and Port Dover. Both combatants were by this time heartily tired of the war, and terms of peace were arranged by the treaty of Ghent at the close of 1814; but before the news reached the south, General Jackson repulsed General Packenham with heavy losses at New Orleans, and won a reputation which made him president a few years later.

The maritime provinces never suffered from invasion, but on the contrary obtained some advantages from the presence of large numbers of British men-of-war in their seaports, and the expenditure on military and naval supplies during the three years of war. Following the example of the Canadas, the assemblies of New Brunswick and Nova Scotia voted large sums of money and embodied the militia for active service or general purposes of defence. The assembly of New Brunswick, essentially the province of the Loyalists, declared in 1813 that the people were "ready and determined to repel every aggression which the infatuated policy of the American government may induce it to commit on the soil of New Brunswick." But the war was so unpopular in the state of Maine and other parts of New England that the provinces by the sea were comparatively safe from aggression and conflict. Soon after the commencement of hostilities the governors of Maine and New Brunswick issued proclamations which prevented hostilities for two years along their respective borders. In Nova Scotia there was much activity during the war, and letters of marque were issued to privateers which made many captures, and offered some compensation for the losses inflicted on the coasting and fishing interests by the same class of American vessels. In 1814 it was decided by the imperial authorities to break the truce which had practically left Maine free from invasion, and Sir John Sherbrooke, then governor of Nova Scotia, and Rear-Admiral Griffith took possession of Machias, Eastport, Moose, and other islands in Passamaquoddy Bay.

The people of the United States generally welcomed the end of a war which brought them neither honour nor profit and seemed likely to break the union into fragments in consequence of the hostility that had existed in New England through the conflict from the very beginning. The news of Prevost's retreat from Plattsburg no doubt hastened the decision of the British government to enter into negotiations for peace, which was settled on terms by no means favourable to Canadian interests. The question of the New Brunswick boundary might have been then adjusted on conditions which would have prevented at a later day the sacrifice of a large tract of territory in Maine which would be now of great value to the Dominion. The only advantage which accrued to the Canadians was a later convention which gave the people of the provinces full control of fisheries, ignorantly sacrificed by the treaty of 1783.

No class of the people of Canada contributed more to the effectiveness of the militia and the successful defence of the country than the descendants of the Loyalists, who formed so large and influential a portion of the English population of British North America. All the loyal settlements on the banks of the St. Lawrence, on the Niagara frontier, and on the shores of Lake Erie, sent many men to fight by the side of the regular British forces. Even aged men, who had borne arms in the revolutionary war, came forward with an enthusiasm which showed that age had not impaired their courage or patriotism, and although they were exempted from active service, they were found most useful in stationary duties at a time when Canada demanded the experience of such veterans. "Their lessons and example," wrote General Sheaffe, "will have a happy influence on the youth of the militia ranks." When Hull invaded the province and issued his boastful and threatening proclamation he used language which must have seemed a mockery to the children of the Loyalists. They remembered too well the sufferings of their fathers and brothers during "the stormy period of the revolution," and it seemed derisive to tell them now that they were to be "emancipated from tyranny and oppression and restored to the dignified station of free men." The proclamation issued by Governor Brock touched the loyal hearts of a people whose family histories were full of examples of "oppression and tyranny," and of the kind consideration and justice of England in their new homes. "Where," asked Brock, with the confidence of truth, "is the Canadian subject who can truly affirm to himself that he has been injured by the government in his person, his property, or his liberty? Where is to be found, in any part of the world, a growth so rapid in prosperity and wealth as this colony exhibits?" These people, to whom this special appeal was made at this national crisis, responded with a heartiness which showed that gratitude and affection lay deep in their hearts. Even the women worked in the field that their husbands, brothers and sons might drive the invaders from Canadian soil. The 104th Regiment, which accomplished a remarkable march of thirteen days in the depth of winter, from Fredericton to Quebec—a distance of three hundred and fifty miles—and lost only one man by illness, was composed of descendants of the loyal founders of New Brunswick. This march was accomplished practically without loss, while more than three hundred men were lost by Benedict Arnold in his expedition of 1777 against Quebec by the way of Kennebec—a journey not more dangerous or arduous than that so successfully accomplished by the New Brunswick Loyalists. In 1814 considerable numbers of seamen for service in the upper lakes passed through New Brunswick to Quebec, and were soon followed by several companies of the 8th or King's Regiment. The patriotism of the Loyalists of New Brunswick was shown by grants of public money and every other means in their power, while these expeditions were on their way to the seat of war in the upper provinces.

Historians and poets have often dwelt on the heroism of Laura Secord, daughter and wife of Loyalists, who made a perilous journey in 1814 through the Niagara district, and succeeded in warning Lieutenant Fitzgibbon of the approach of the enemy, thus enabling him with a few soldiers and Indians to surprise Colonel Boerstler near Beaver Dams and force him by clever strategy to surrender with nearly 600 men and several cannon. Even boys fled from home and were found fighting in the field. The Prince Regent, at the close of the war, expressly thanked the Canadian militia, who had "mainly contributed to the immediate preservation of the province and its future security." The Loyalists, who could not save the old colonies to England, did their full share in maintaining her supremacy in the country she still owned in the valley of the St. Lawrence and on the shores of the Atlantic.

As Bishop Plessis stimulated a patriotic sentiment among the French Canadians, so Vicar-General Macdonell of Glengarry, subsequently the first Roman Catholic bishop of Upper Canada, performed good service by assisting in the formation of a Glengarry regiment, and otherwise taking an active part in the defence of the province, where his will always be an honoured name. Equally indefatigable in patriotic endeavour was Bishop Strachan, then rector of York, who established "The Loyal and Patriotic Society," which did incalculable good by relieving the necessities of women and children, when the men were serving in the battlefield, by providing clothing and food for the soldiery, and otherwise contributing towards the comfort and succour of all those who were taking part in the public defences. Of the engagements of the war there are two which, above all others, possess features on which the historian must always like to dwell. The battle which was fought against such tremendous odds on the banks of the Chateauguay by less than a thousand French Canadians, led by Salaberry and Macdonell, recalls in some respects the defeat of Braddock in 1755. The disaster to the British forces near the Monongahela was mainly the result of the strategy of the Indians, who were dispersed in the woods which reechoed to their wild yells and their ever fatal shots fired under cover of trees, rocks and stumps. The British were paralysed as they saw their ranks steadily decimated by the fire of an enemy whom they could never see, and who seemed multitudinous as their shrieks and shouts were heard far and wide in that Bedlam of the forest. The leaves that lay thick and deep on the ground were reddened with the blood of many victims helpless against the concealed, relentless savages. The woods of the Chateauguay did not present such a scene of carnage as was witnessed at the battle of the Monongahela, but nevertheless they seemed to the panic-stricken invaders, who numbered many thousands, alive with an enemy whose strength was enormously exaggerated as bugle sounds and Indian yells made a fearful din on every side. Believing themselves surrounded by forces far superior in numbers, the invaders became paralysed with fear and fled in disorder from an enemy whom they could not see, and who might close upon them at any moment. In this way Canadian pluck and strategy won a famous victory which saved the province of Lower Canada at a most critical moment of the war.

If we leave the woods of Chateauguay, where a monument has been raised in recognition of this brilliant episode of the war, and come to the country above which rises the mist of the cataract of Niagara, we see a little acclivity over which passes that famous thoroughfare called "Lundy's Lane." Here too rises a stately shaft in commemoration of another famous victory—in many respects the most notable of the war—won by a gallant Englishman, whose name still clings to the pretty town close by.

This battle was fought on a midsummer night, when less than three thousand British and Canadian troops fought six hours against a much superior force, led by the ablest officers who had taken part in the war. For three hours, from six to nine o'clock at night, less than two thousand held the height, which was the main object of attack from the beginning to the end of the conflict, and kept at bay the forces that were led against them with a stern determination to win the position. Sunlight gave way to the twilight of a July evening, and dense darkness at last covered the combatants, but still the fight went on. Columns of the enemy charged in such close and rapid succession that the British artillerymen were constantly assailed in the very act of sponging and loading their guns. The assailants once won the height, but only to find themselves repulsed the next instant by the resolute daring of the British. Happily at the most critical moment, when the defenders of the hill were almost exhausted by the heroic struggle, reinforcements arrived, and the battle was renewed with a supreme effort on both sides. For three hours longer, from nine o'clock to midnight, the battle was fought in the darkness, only relieved by the unceasing flashes from the guns, whose sharp reports mingled with the deep and monotonous roar of the great falls. It was a scene worthy of a painter whose imagination could grasp all the incidents of a situation essentially dramatic in its nature. The assailants of the Canadian position gave way at last and withdrew their wearied and disheartened forces. It was in all respects a victory for England and Canada, since the United States army did not attempt to renew the battle on the next day, but retired to Fort Erie, then in their possession. As Canadians look down "the corridors of time," they will always see those flashes from the musketry and cannon of Lundy's Lane, and hear the bugles which drove the invaders of their country from the woods of Chateauguay.

The war did much to solidify the various racial elements of British North America during its formative stage. Frenchmen, Englishmen, Scotsmen from the Lowlands and Highlands, Irishmen and Americans, united to support the British connection. The character of the people, especially in Upper Canada, was strengthened from a national point of view by the severe strain to which it was subjected. Men and women alike were elevated above the conditions of a mere colonial life and the struggle for purely material necessities, and became animated by that spirit of self-sacrifice and patriotic endeavour which tend to make a people truly great.

Responsible government in Canada is the logical sequence of the political struggles, which commenced soon after the close of the war of 1812-15. As we review the history of Canada since the conquest we can recognise "one ever increasing purpose" through all political changes, and the ardent desire of men, entrusted at the outset with a very moderate degree of political responsibility, to win for themselves a larger measure of political liberty in the management of their own local affairs. Grave mistakes were often made by the advocates of reform in the government of the several provinces—notably, as I shall show, in Lower Canada, where the French Canadian majority were carried often beyond reason at the dictation of Papineau—but, whatever may have been the indiscretions of politicians, there were always at the bottom of their demands the germs of political development.

The political troubles that continued from 1817 until 1836 in Lower Canada eventually made the working of legislative institutions impracticable. The contest gradually became one between the governor-general representing the crown and the assembly controlled almost entirely by a French Canadian majority, with respect to the disposition of the public revenues and expenditures. Imperial statutes, passed as far back as 1774-1775, provided for the levying of duties, to be applied solely by the crown, primarily "towards defraying the expenses of the administration of justice and the support of the civil government of the province", and any sums that remained in the hands of the government were "for the future disposition of parliament." Then there were "the casual or territorial revenues," such as money arising from the Jesuits' estates, royal seigniorial dues, timber and land, all of which were also exclusively under the control of the government. The assembly had been given jurisdiction only over the amount of duties payable into the treasury under the authority of laws passed by the legislature itself. In case the royal revenues were not sufficient to meet the annual expenditure of the government, the deficiency was met until the war of 1812-15 by drawing on the military exchequer. As the expenses of the provincial administration increased the royal revenues became inadequate, while the provincial revenues gradually showed a considerable surplus over the expenditure voted by the legislature. In 1813 the cost of the war made it impossible for the government to use the military funds, and it resorted to the provincial moneys for the expenses of justice and civil government. In this way, by 1817, the government had incurred a debt of a hundred and twenty thousand pounds to the province without the direct authority of the legislature. The assembly of Lower Canada was not disposed to raise troublesome issues during the war, or in any way to embarrass the action of Sir George Prevost, who, whatever may have been his incompetency as a military chief, succeeded by his conciliatory and persuasive methods in winning the good opinions of the French Canadian majority and making himself an exceptionally popular civil governor. After closing the accounts of the war, the government felt it expedient to stop such irregular proceedings, to obtain from the legislature a general appropriation act, covering the amount of expenditures in the past, and to prevent the necessity of such a questionable application of provincial funds in the future. This may be considered the beginning of the financial controversies that were so constant, as years passed by, between the governors and the assemblies, and never ended until the rebellion broke out. The assembly, desirous of obtaining power in the management of public affairs, learned that it could best embarrass the government and force them to consider and adjust public grievances, as set forth by the majority in the house, by means of the appropriation bills required for the public service. The assembly not only determined to exercise sole control over its own funds but eventually demanded the disposal of the duties imposed and regulated by imperial statutes. The conflict was remarkable for the hot and uncompromising temper constantly exhibited by the majority on the discussion of the generally moderate and fair propositions submitted by the government for settling vexed questions. The assembly found a powerful argument in favour of their persistent contention for a complete control of the public revenues and expenditures in the defalcation of Mr. Caldwell, the receiver-general, who had been allowed for years to use the public funds in his business speculations, and whose property was entirely inadequate to cover the deficiency in his accounts.

The legislative council was always ready to resist what it often asserted to be unconstitutional acts on the part of the house and direct infringements of "the rights of the crown" sometimes a mere convenient phrase used in an emergency to justify resistance to the assembly. It often happened, however, that the upper chamber had law on its side, when the house became perfectly unreasonable and uncompromising in its attitude of hostility to the government. The council, on several occasions, rejected a supply bill because it contained provisions asserting the assembly's right to control the crown revenues and to vote the estimates, item by item, from the governor's salary down to that of the humblest official. Every part of the official and legislative machinery became clogged by the obstinacy of governor, councils, and assembly. To such an extent, indeed, did the assembly's assumption of power carry it in 1836, that the majority actually asserted its own right to amend the constitution of the council as defined in the imperial statute of 1791. Its indiscreet acts eventually alienated the sympathy and support of such English members as Mr. Neilson, a journalist and politician of repute, Mr. Andrew Stuart, a lawyer of ability, and others who believed in the necessity of constitutional reforms, but could not follow Mr. Papineau and his party in their reckless career of attack on the government, which they thought would probably in the end imperil British connection.

The government was in the habit of regularly submitting its accounts and estimates to the legislature, and expressed its desire eventually to grant that body the disposal of all the crown revenues, provided it would consent to vote a civil list for the king's life, or even for a fixed number of years, but the assembly was not willing to agree to any proposal which prevented it from annually taking up the expenditures for the civil government item by item, and making them matters of yearly vote. In this way every person in the public service would be subject to the caprice, or ill-feeling, of any single member of the legislature, and the whole administration of the public departments would probably be made ineffective. Under the plan suggested by the government in accordance with English constitutional forms, the assembly would have every opportunity of criticising all the public expenditures, and even reducing the gross sum in cases of extravagance. But the same contumacious spirit, which several times expelled Mr. Christie, member for Gaspé, on purely vexatious and frivolous charges, and constantly impeached judges without the least legal justification, simply to satisfy personal spite or political malice, would probably have been exhibited towards all officials had the majority in the assembly been given the right of voting each salary separately. The assembly never once showed a disposition to meet the wishes of the government even half-way. Whatever may have been the vacillation or blundering of officials in Downing Street, it must be admitted that the imperial government showed a conciliatory spirit throughout the whole financial controversy. Step by step it yielded to all the demands of the assembly on this point. In 1831, when Lord Grey was premier, the British parliament passed an act, making it lawful for the legislatures of Upper and Lower Canada to appropriate the duties raised by imperial statutes for the purpose of defraying the charges of the administration of justice and the support of civil government. The government consequently retained only the relatively small sum arising from casual and territorial dues. When Lord Aylmer, the governor-general, communicated this important concession to the legislature, he also sent a message setting forth the fact that it was the settled policy of the crown on no future occasion to nominate a judge either to the executive or the legislative council, the sole exception being the chief justice of Quebec. He also gave the consent of the government to the passage of an act declaring that judges of the supreme court should thereafter hold office "during good behaviour," on the essential condition that their salaries were made permanent by the legislature. The position of the judiciary had long been a source of great and even just complaint, and, in the time of Sir James Craig, judges were disqualified from sitting in the assembly on the demand of that body. They continued, however, to hold office "during the pleasure" of the crown, and to be called at its will to the executive and legislative councils. Under these circumstances they were, with some reason, believed to be more or less under the influence of the governor-general; and particular judges consequently fell at times under the ban of the assembly, and were attacked on the most frivolous grounds. The assembly passed a bill providing for the independence of the judiciary, but it had to be reserved because it was not in accordance with the conditions considered necessary by the crown for the protection of the bench.

The governor-general also in his message promised reforms of the judicial and legal systems, the disposal of the funds arising from the Jesuits' estates by the legislature, and, in fact, nearly all the reforms which had been demanded by the house for years. Yet when the government asked at the same time for a permanent civil list, the message was simply referred to a committee of the whole house which never reported. Until this time the efforts of the assembly to obtain complete control of the public revenues and expenditures had a justification in the fact that it is a recognised English principle that the elected house should impose the taxes and vote the supplies; but their action on this occasion, when the imperial government made most important concessions, giving them full control over the public funds, simply on condition that they should follow the English system of voting the salaries of the judiciary and civil list, showed that the majority were earned away by a purely factious spirit. During the progress of these controversies, Mr. Louis Joseph Papineau, a brilliant but an unsafe leader, had become the recognised chief of the French Canadian majority, who for years elected him speaker of the assembly. In the absence of responsible government, there was witnessed in those times the extraordinary spectacle—only now-a-days seen in the American congress—of the speaker, who should be above all political antagonisms, acting as the leader of an arrogant majority, and urging them to continue in their hostility to the government. It was Mr. Papineau who first brought the governor-general directly into the arena of political conflict by violent personal attacks; and indeed he went so far in the case of Lord Dalhousie, a fair-minded man anxious to act moderately within the limits of the constitution, that the latter felt compelled by a sense of dignity to refuse the confirmation of the great agitator as speaker in 1827. The majority in the assembly vehemently asserted their right to elect their speaker independently of the governor, whose confirmation was a mere matter of form, and not of statutory right; and the only course at last open to Lord Dalhousie was to prorogue the legislature. Mr. Papineau was re-elected speaker at the next session, when Lord Dalhousie had gone to England and Sir James Kempt was administrator.

After 1831, Mr. Papineau steadily evoked the opposition of the more conservative and thoughtful British Liberals who were not disposed to be carried into a questionable position, inimical to British connection and the peace of the country, Dr. Wolfred Nelson, and Dr. O'Callaghan, a journalist, were soon the only supporters of ability left him among the British and Irish, the great majority of whom rallied to the support of the government when a perilous crisis arrived in the affairs of the province. The British party dwindled away in every appeal to the people, and no French Canadian representative who presumed to differ from Mr. Papineau was ever again returned to the assembly. Mr. Papineau became not only a political despot but an "irreconcilable," whose vanity led him to believe that he would soon become supreme in French Canada, and the founder ofLa Nation Canadiennein the valley of the St. Lawrence. The ninety-two resolutions passed in 1834 may be considered the climax of the demands of his party, which for years had resisted immigration as certain to strengthen the British population, had opposed the establishment of registry offices as inconsistent with the French institutions of the province, and had thrown every possible opposition in the way of the progress of the Eastern Townships, which were attracting year by year an industrious and energetic British population from the British Isles and New England.

In these resolutions of 1834 there is not a single paragraph or even phrase which can be tortured into showing that the French Canadian agitator and his friends were in favour of responsible government. The key-note of the whole document is an elective legislative council, which would inevitably increase the power of the French Canadians and place the British in a hopeless minority. Mr. Roebuck, the paid agent of the assembly in England, is said to have suggested the idea of this elective body, and assuredly his writings and speeches were always calculated to do infinite harm, by helping to inflame discontent in Canada, and misrepresenting in England the true condition of affairs in the province. The resolutions are noteworthy for their verbosity and entire absence of moderate and wise suggestion. They were obviously written under the inspiration of Mr. Papineau with the object of irritating the British government, and preventing the settlement of political difficulties. They even eulogised the institutions of the neighbouring states which "commanded the affection of the people in a larger measure than those of any other country," and should be regarded "as models of government for Canada." They even went so far as "to remind parliament of the consequences of its efforts to overrule the wishes of the American colonies," in case they should make any "modification" in the constitution of the province "independently of the wishes of its people." Colonel Gugy, Mr. Andrew Stuart, Mr. Neilson and other prominent Englishmen opposed the passage of these resolutions, as calculated to do infinite harm, but they were carried by a very large French Canadian majority at the dictation of Mr. Papineau. Whatever may have been its effect for the moment, this wordy effusion has long since been assigned to the limbo where are buried other examples of the demagogism of those trying times.

In 1835 the imperial government decided to send three commissioners to examine into the various questions which had been so long matters of agitation in Lower Canada. Lord Aberdeen, then Colonial Secretary of State, emphatically stated that it was the intention of the government "to review and enquire into every alleged grievance and examine every cause of complaint, and apply a remedy to every abuse that may still be found to prevail."

The choice of the government as chief commissioner and governor-general was Lord Gosford, an amiable, inexperienced and weak man, who failed either to conciliate the French Canadian majority to whom he was even humble for a while, or to obtain the confidence of the British party to whose counsels and warnings he did not pay sufficient heed at the outset of the crisis which culminated during his administration. The majority in the assembly were determined not to abate one iota of their pretensions, which now included the control of the casual and territorial revenues; and no provision whatever was made for four years for the payment of the public service. The commissioners reported strongly against the establishment of an elected council, and in favour of a modified system of responsible government, not dependent on the vote of the house. They recommended also the surrender of the casual and territorial revenues on condition of proper provision for the payment of the civil service, and the administration of justice.

The imperial government immediately recognised that they had to face a very serious crisis in the affairs of Lower Canada. On the 6th March, 1836, Lord John Russell, then home secretary in Lord Melbourne's administration, introduced a series of ten resolutions, providing for the immediate payment of the arrears of £142,160. 14s. 6d., due to the public service, out of the moneys in the hands of the receiver-general. While it was admitted that measures should be taken to secure for the legislative council a greater degree of public confidence, the government deemed it inexpedient to make that body elective. The necessity of improving the position of the executive council was also acknowledged, but the suggestion of a ministry responsible to the assembly was not approved. This disapproval was quite in accordance with the policy adopted by Englishmen since 1822, when a measure had been introduced in parliament for the reunion of the two Canadas—the precursor of the measure of 1840. This measure originally provided that two members of the executive council should sit and speak in the assembly but not vote. Those parts of the bill of 1822 which provided for a union were not pressed on account of the objections raised in both the provinces, but certain other provisions became law under the title of "The Canadian Trade Acts," relieving Upper Canada from the capricious action of Lower Canada with respect to the duties from which the former obtained the principal part of her fund for carrying on her government. This share had been originally fixed at one-fifth of the proceeds of the customs duties collected by the province of Lower Canada, but when the population of the western section increased considerably and consumed a far greater quantity of dutiable goods, its government justly demanded a larger proportion of the revenues collected in the ports of the lower St. Lawrence. The legislature of Lower Canada paid no attention to this equitable demand, and eventually even refused to renew the legislation providing for the payment of one-fifth of the duties. Under these circumstances the imperial government found it necessary to intervene, and pass the "Trade Acts," making the past legislation of Lower Canada on the subject permanent, and preventing its legislature from imposing new duties on imports without the consent of the upper province. As this was a question of grave import, the resolutions of 1836 gave authority to the legislatures of Upper and Lower Canada to provide joint legislation "for determining and adjusting all questions respecting the trade and commerce of the provinces."

As soon as the passage of these resolutions became known throughout Lower Canada, Papineau and his supporters commenced an active campaign of denunciation against England, from whom, they declared, there was no redress whatever to be expected. Wherever the revolutionists were in the majority, they shouted, "Vive la liberté!" "Vive la Nation Canadienne!" "Vive Papineau!" "Point de despotisme!": while flags and placards were displayed with similar illustrations of popular frenzy.La Nation Canadiennewas now launched on the turbulent waves of a little rebellion in which the phrases of the French revolution were glibly shouted by thehabitantswith very little conception of their real significance. The British or Constitutional party took active steps in support of British connection, but Lord Gosford, unhappily still governor-general, did not for some time awaken to the reality of the public danger. Happily for British interests, Sir John Culhorne, afterwards Lord Seaforth, a courageous and vigilant soldier, was in the country, and was able, when orders were given him by the reluctant governor, to deal determinedly with the rebels who had taken up arms in the Richelieu district. Dr. Wolfred Nelson made a brave stand at St. Denis, and repulsed Colonel Gore's small detachment of regulars. Papineau was present for a while at the scene of conflict, but he took no part in it and lost no time in making a hurried flight to the United States—an ignominious close to a successful career of rhetorical flashes which had kindled a conflagration that he took very good care should not even scorch him. Colonel Wetherall defeated another band of rebels at St. Charles, and their commander, Mr. Thomas Storrow Brown, a well-meaning but gullible man, fled across the border. Dr. Wolfred Nelson was captured, and a number of other rebels of less importance were equally unfortunate. Some of the refugees made a public demonstration from Vermont, but precipitately fled before a small force which met them. At St. Eustache, one Girod, a plausible, mendacious Swiss or Alsatian, who had become a leader in the rebellious movement, and Dr. Chenier, a rash but courageous man, collected a considerable body of rebels, chiefly from St. Benoit, despite the remonstrances of Mr. Paquin, the curé of the village, and defended the stone church and adjacent buildings against a large force, led by Sir John Colborne himself. Dr. Chenier and many others—at least seventy, it is said on good authority—were killed, and the former has in the course of time been elevated to the dignity of a national hero and a monument raised in his honour on a public square of the French Canadian quarters of Montreal. Mad recklessness rather than true heroism signalised his action in this unhappy affair, when he led so many of his credulous compatriots to certain death, but at least he gave up his life manfully to a lost cause rather than fly like Papineau who had beguiled him to this melancholy conclusion. Even Girod showed courage and ended his own life when he found that he could not evade the law. The rebellious element at St. Benoit was cowed by the results at St. Eustache; and the Abbé Chartier, who had taken an active part in urging the people to resistance, fled to the United States whence he never returned. The greater part of the village was destroyed by fire, probably in retaliation for the losses and injuries suffered by the volunteers at the hands of the rebels in different parts of the district of Montreal.

One of the most unfortunate and discreditable incidents of the rising in the Richelieu district was the murder of Lieutenant Weir, who had been taken prisoner while carrying despatches to Sorel, and was literally hacked to pieces, when he tried to escape from acalèchein which he was being conveyed to St. Charles. An equally unhappy incident was the cold-blooded execution, after a mock trial, of one Chartrand, a harmless non-combatant who was accused, without a tittle of evidence, of being a spy. The temper of the country can be gauged by the fact that when it was attempted, some time later, to convict the murderers on clear evidence, it was impossible to obtain a verdict. Jolbert, the alleged murderer of Weir, was never punished, but François Nicholas and Amable Daumais, who had aided in the trial and execution of Chartrand, were subsequently hanged for having taken an active part in the second insurrection of 1838.

The rebellion of 1837 never reached any large proportions, and very few French Canadians of social or political standing openly participated in the movement. Monseigneur Lartigue, Roman Catholic bishop of Montreal, issued amandementseverely censuring the misguided men who had joined in the rebellious movement and caused so much misery throughout the province. In England, strange to say, there were men found, even in parliament, ready to misrepresent the facts and glory in a rebellion the causes of which they did not understand. The animating motive with these persons was then—and there were similar examples during the American revolution—to assail the government of the day and make political capital against them, but, it must be admitted, in all fairness to the reform ministry of that day and even to preceding cabinets for some years, that the policy of all was to be just and conciliatory in their relations with the provincial agitators, though it is also evident that a more thorough knowledge of political conditions and a more resolute effort to a reach the bottom of grievances might have long before removed causes of irritation and saved the loss of property and life in 1837 and 1838.

In the presence of a grave emergency, the British government felt compelled to suspend the constitution of Lower Canada, and send out Lord Durham, a Liberal statesman of great ability, to act as governor-general and high commissioner "for the determining of certain important questions depending in the provinces of Upper and Lower Canada respecting the form and future government of the said provinces" Despite a certain haughtiness of manner which was apt to wound his inferiors and irritate his equals in position, he was possessed of a great fund of accurate political knowledge and a happy faculty of grasping all the essential facts of a difficult situation, and suggesting the best remedy to apply under all the circumstances. He endeavoured, to the utmost of his ability, to redeem the pledge with which he entered on his mission to Canada, in the first instance "to assert the supremacy of her majesty's government," in the next "to vindicate the honour and dignity of the law," and above all "to know nothing of a British, a French, or a Canadian party," but "to look on them all alike as her majesty's subjects." After he had appointed a special council he set to work energetically to secure the peace of the country. Humanity was the distinguishing feature of his too short career in Canada. A comprehensive amnesty was proclaimed to all those engaged in the rebellion with the exception of Dr. Wolfred Nelson, R.S.M. Bouchette, Bonaventure Viger, Dr. Masson, and four others of less importance, who were ordered by an ordinance to be transported to Bermuda during the queen's pleasure. These persons, as well as sixteen others, including Papineau, who had fled from justice, were declared to be subject to death should they venture to enter the province. Not a single rebel suffered death on the scaffold during Lord Durham's administration. Unfortunately the ordinance, transporting a number of persons without trial to an island where the governor-general had no jurisdiction, gave an opportunity to Lord Brougham, who hated the high commissioner, to attack him in the house of lords. Lord Melbourne, then premier, was forced to repeal the ordinance and to consent to the passage of a bill indemnifying all those who had acted under its provisions Lord Glenelg, colonial secretary, endeavoured to diminish the force of this parliamentary censure by writing to the high commissioner that "her majesty's government repeat their approbation of the spirit in which these measures were conceived and state their conviction that they have been dictated by a judicious and enlightened humanity"; but a statesman of Lord Durham's haughty character was not ready to submit to such a rebuke as he had sustained in parliament He therefore immediately placed his resignation in the hands of the government which had commissioned him with powers to give peace and justice to distracted Canada, and yet failed to sustain him at the crucial moment. Before leaving the country he issued a proclamation in defence of his public acts. His course in this particular offended the ministry who, according to Lord Glenelg, considered it a dangerous innovation, as it was practically an appeal by a public officer to the public against the measures of parliament. Lord Durham may be pardoned under all the circumstances for resenting at the earliest possible moment his desertion by the government, who were bound in honour to defend him, at all hazards, in his absence, and should not have given him over for the moment to his enemies, led by a spiteful Scotch lawyer. Lord Durham left Canada with the assurance that he had won the confidence of all loyal British subjects and proved to all French Canadians that there were English statesmen prepared to treat them with patience, humanity and justice.

Sir John Colborne became administrator on the departure of Lord Durham, and subsequently governor-general. Unhappily he was immediately called upon to crush another outbreak of the rebels, in November, 1838, in the counties watered by the Richelieu River, and in the district immediately south of Montreal. Dr. Robert Nelson and some other rebels, who had found refuge in the frontier towns and villages of Vermont and New York, organised this second insurrection, which had the support of a considerable number ofhabitants, though only a few actually took up arms. The rising, which began at Caughnawaga, was put down at Beauharnois, within a week from the day on which it commenced. The authorities now felt that the time had passed for such leniency as had been shown by Lord Durham; and Sir John Colborne accordingly established courts-martial for the trial of the prisoners taken during this second insurrection, as it was utterly impossible to obtain justice through the ordinary process of the courts. Only twelve persons, however, suffered the extreme penalty of the law; some were sent to New South Wales—where however they were detained only a short time; and the great majority were pardoned on giving security for good behaviour.

While these trials were in progress, and the government were anxious to give peace and security to the province, refugees in the border states were despatching hands of ruffians to attack and plunder the Loyalists in the Eastern Townships; but the government of the United States intervened and instructed its officers to take decisive measures for the repression of every movement in the territory of a friendly Power. Thus the mad insurrection incited by Papineau, but actually led by the Nelsons, Chenier and Brown, came at last to an end.

A new era of political development was now to dawn on the province, as a result of a more vigorous and remedial policy initiated by the imperial government, at last thoroughly awakened to an intelligent comprehension of the political conditions of the Canadas. But before I proceed to explain the details of measures fraught with such important consequences, I must give an historical summary of the events which led also to a rash uprising in Upper Canada, simultaneously with the one which ended so disastrously for its leaders in the French province.

The financial disputes between the executive and the assembly never attained such prominence in Upper Canada as in the lower province. In 1831 the assembly consented to make permanent provision for the civil list and the judiciary, on condition of the government's giving up to the legislature all the revenues previously at its own disposition. Three years later the legislature also passed an act to provide that the judges should hold their offices during good behaviour, and not at the pleasure of the crown—a measure rendered possible by the fact that the assembly had made the salaries of the bench permanent.

Nor did the differences between the assembly and the legislative council ever assume such serious proportions as they did in the French province. Still the leaders of the reform party of Upper Canada had strong objections to the constitution of the council; and a committee of grievances reported in 1835 in favour of an elected body as well as a responsible council, although it did not very clearly outline the methods of working out the system in a colony where the head of the executive was an imperial officer acting under royal instructions. The different lieutenant-governors, the executive and legislative councillors, and the whole body of officials, from the very moment responsible government was suggested in any form, threw every possible obstacle in the way of its concession by the imperial government.

It was largely the dominant influence of the official combination, long known in Canadian history as the "family compact," which prevented the concession of responsible government before the union of the Canadas. This phrase, as Lord Durham said in his report, was misleading inasmuch as there "was very little of family connection between the persons thus united." As a matter of fact the phrase represented a political and aristocratic combination, which grew up as a consequence of the social conditions of the province and eventually monopolised all offices and influence in government. This bureaucracy permeated all branches of government—the executive, the legislative council, and even the assembly where for years there sat several members holding offices of emolument under the crown. It practically controlled the banks and monetary circles. The Church of England was bound up in its interests. The judiciary was more or less under its influence while judges were appointed during pleasure and held seats in the councils. This governing class was largely composed of the descendants of the Loyalists of 1784, who had taken so important a part in the war with the United States and always asserted their claims to special consideration in the distribution of government favour. The old settlers—all those who had come into the country before the war—demanded and obtained greater consideration at the hands of the government than the later immigrants, who eventually found themselves shut out of office and influence. The result was the growth of a Liberal or Reform party, which, while generally composed of the later immigrants, comprised several persons of Loyalist extraction, who did not happen to belong to the favoured class or church, but recognised the necessity for a change in the methods of administration. Among these Loyalists must be specially mentioned Peter Perry, who was really the founder of the Reform party in 1834, and the Reverend Egerton Ryerson, a Methodist minister of great natural ability.

Unfortunately creed also became a powerful factor in the political controversies of Upper Canada. By the constitutional act of 1791 large tracts of land were set aside for the support of a "Protestant clergy", and the Church of England successfully claimed for years an exclusive right to these "clergy reserves" on the ground that it was the Protestant church recognised by the state. The clergy of the Church of Scotland in Canada, though very few in number for years, at a later time obtained a share of these grants as a national religious body; but all the dissentient denominations did not participate in the advantages of these reserves. The Methodists claimed in the course of years to be numerically equal to, if not more numerous than, the English Episcopalians, and were deeply irritated at the inferior position they long occupied in the province. So late as 1824 the legislative council, composed of members of the dominant church, rejected a bill allowing Methodist ministers to solemnise marriages, and it was not until 1831 that recognised ministers of all denominations were placed on an equality in this respect. Christian charity was not more a characteristic of those times than political liberality. Methodism was considered by the governing class as a sign of democracy and social inferiority. History repeated itself in Upper Canada. As the Puritans of New England feared the establishment of an Anglican episcopacy, and used it to stimulate a feeling against the parent state during the beginnings of the revolution, so in Upper Canada the dissenting religious bodies made political capital out of the favouritism shown to the Church of England in the distribution of the public lands and public patronage. The Roman Catholics and members of all Protestant sects eventually demanded the secularisation of the reserves for educational or other public purposes, or the application of the funds to the use of all religious creeds. The feeling against that church culminated in 1836, when Sir John Colborne, then lieutenant-governor, established forty-four rectories in accordance with a suggestion made by Lord Goderich some years previously. While the legality of Sir John Colborne's course was undoubted, it was calculated to create much indignant feeling among the dissenting bodies, who saw in the establishment of these rectories an evidence of the intention of the British government to create a state church so far as practicable by law within the province. This act, so impolitic at a critical time of political discussion, was an illustration of the potent influence exercised in the councils of the government by Archdeacon Strachan, who had come into the province from Scotland in 1799 as a schoolmaster. He had been brought up in the tenets of the Presbyterian Church, but some time after his arrival in Canada he became an ordained minister of the Church of England, in which he rose step by step to the episcopacy. He became a member of both the executive and legislative councils in 1816 and 1817, and exercised continuously until the union of 1841 a singular influence in the government of the province. He was endowed with that indomitable will, which distinguished his great countryman, John Knox. His unbending toryism was the natural outcome of his determination to sustain what he considered the just rights of his church against the liberalism of her opponents—chiefly dissenters—who wished to rob her of her clergy reserves and destroy her influence in education and public affairs generally. This very fidelity to his church became to some extent her weakness, since it evoked the bitter hostility of a large body of persons and created the impression that she was the church of the aristocratic and official class rather than that of the people—an impression which existed for many years after the fall of the "family compact."

The public grievances connected with the disposition of the public lands were clearly exposed by one Robert Gourlay, a somewhat meddlesome Scotchman, who had addressed a circular, soon after his arrival in Canada, to a number of townships with regard to the causes which retarded improvement and the best means of developing the resources of the province. An answer from Sandwich virtually set forth the feeling of the rural districts generally on these points. It stated that the reasons for the existing depression were the reserves of land for the crown and clergy, "which must for a long time keep the country a wilderness, a harbour for wolves, and a hindrance to compact and good neighbourhood; defects in the system of colonisation; too great a quantity of lands in the hands of individuals who do not reside in the province, and are not assessed for their property." Mr. Gourlay's questions were certainly asked in the public interest, but they excited the indignation of the official class who resented any interference with a state of things which favoured themselves and their friends, and were not desirous of an investigation into the management of public affairs. The subsequent treatment of Mr. Gourlay was shameful in the extreme. He was declared a most dangerous character when he followed up his circular by a pamphlet, attacking the methods by which public affairs generally were conducted, and contrasting them with the energetic and progressive system on the other side of the border. The indignation of the officials became a positive fever when he suggested the calling of public meetings to elect delegates to a provincial convention—a term which recalled the days of the American revolution, and was cleverly used by Gourlay's enemies to excite the ire and fear of the descendants of the Loyalists. Sir Peregrine Maitland succeeded in obtaining from the legislature an opinion against conventions as "repugnant to the constitution," and declaring the holding of such public meetings a misdemeanour, while admitting the constitutional right of the people to petition. These proceedings evoked a satirical reply from Gourlay, who was arrested for seditious libel, but the prosecutions failed. It was then decided to resort to the provisions of a practically obsolete statute passed in 1804, authorising the arrest of any person who had resided in the province for six months without taking the oath of allegiance, and was suspected to be a seditious character. Such a person could be ordered by the authorities to leave the province, or give security for good behaviour. This act had been originally passed to prevent the immigration of aliens unfavourable to England, especially of Irishmen who had taken part in the rebellion of 1798 and found refuge in the United States. Gourlay had been a resident of Upper Canada for nearly two years, and in no single instance had the law been construed to apply to an immigrant from the British Isles. Gourlay was imprisoned in the Niagara gaol, and when his friends attempted to bring him out on a writ ofhabeas corpusthey failed simply because Chief Justice Powell, an able lawyer of a Loyalist family and head of the official party, refused to grant the writ on a mere technical plea, afterwards declared by the highest legal authorities in England to be entirely contrary to sound law. Gourlay consequently remained in prison for nearly eight months, and when he was brought again before the chief justice, his mental faculties were obviously impaired for the moment, but despite his wretched condition, which prevented him from conducting his defence, he was summarily convicted and ordered to leave the province within twenty-four hours, under penalty of death should he not obey the order or return to the country.

This unjust sentence created wide-spread indignation among all right-thinking people, especially as it followed a message of the lieutenant-governor to the legislature, that he did not feel justified in extending the grants of land, made to actors in the war of 1812-15, to "any of the inhabitants who composed the late convention of delegates, the proceedings of which were very properly subjected to your very severe animadversion" This undoubtedly illegal action of the lieutenant-governor only escaped the censure of the assembly by the casting vote of the speaker, but was naturally justified in the legislative council where Chief Justice Powell presided. Gourlay became a martyr in the opinion of a large body of people, and a Reform party began to grow up in the country. The man himself disappeared for years from Canadian history, and did not return to the province until 1856, after a chequered and unhappy career in Great Britain and the United States. The assembly of the United Canadas in 1842 declared his arrest to be "unjust and illegal," and his sentence "null and void," and he was offered a pension as some compensation for the injuries he had received; but he refused it unless it was accompanied by an official declaration of the illegality of the conviction and its elision from the records of the courts. The Canadian government thought he should be satisfied with the action of the assembly and the offer of the pension. Gourlay died abroad, and his daughters on his death received the money which he rejected with the obstinacy so characteristic of his life.

During these days of struggle we find most prominent among the official class Attorney-General Robinson, afterwards chief justice of Upper Canada for many years. He was the son of a Virginian Loyalist, and a Tory of extreme views, calm, polished, and judicial in his demeanour. But whatever his opinions on the questions of the day he was too discreet a politician and too honest a judge ever to have descended to such a travesty of justice as had been shown by his predecessor in the case of Gourlay. His influence, however was never in the direction of liberal measures. He opposed responsible government and the union of the two provinces, both when proposed unsuccessfully in 1822, and when carried in Upper Canada eighteen years later.

The elections of 1825 had a very important influence on the political conditions of the upper province, since they brought into the assembly Peter Perry, Dr. Rolph, and Marshall Spring Bidwell, who became leading actors in the Reform movement which culminated in the concession of responsible government. But the most conspicuous man from 1826 until 1837 was William Lyon Mackenzie, a Scotchman of fair education, who came to Canada in 1820, and eventually embraced journalism as the profession most suited to his controversial temperament. Deeply imbued with a spirit of liberalism in politics, courageous and even defiant in the expression of his opinions, sadly wanting in sound judgment and common sense when his feelings were excited, able to write with vigour, but more inclined to emphatic vituperation than well-reasoned argument, he made himself a force in the politics of the province. In theColonial Advocate, which he established in 1824, he commenced a series of attacks on the government which naturally evoked the resentment of the official class, and culminated in the destruction of his printing office in 1826 by a number of young men, relatives of the principal officials—one of them actually the private secretary of the lieutenant-governor, Sir Peregrine Maitland. Mr. Mackenzie obtained large damages in the courts, and was consequently able to continue the publication of his paper at a time when he was financially embarrassed. The sympathy felt for Mr. Mackenzie brought him into the assembly as member for York during the session of 1829. So obnoxious did he become to the governing class that he was expelled four times from the assembly between 1831 and 1834, and prevented from taking his seat by the orders of the speaker in 1835—practically the fifth expulsion. In 1832 he went to England and presented largely signed petitions asking for a redress of grievances. He appears to have made some impression on English statesmen, and the colonial minister recommended a few reforms to the lieutenant-governor, but they were entirely ignored by the official party. Lord Glenelg also disapproved of the part taken by Attorney-General Boulton—Mr. Robinson being then chief justice—and Solicitor-General Hagerman in the expulsion of Mr. Mackenzie; but they treated the rebuke with contempt and were removed from office for again assisting in the expulsion of Mr. Mackenzie.

In 1834 he was elected first mayor of Toronto, then incorporated under its present name, as a consequence of the public sympathy aroused in his favour by his several expulsions. Previous to the election of 1835, in which he was returned to the assembly, he made one of the most serious blunders of his life, in the publication of a letter from Mr. Joseph Hume, the famous Radical, whose acquaintance he had made while in England. Mr. Hume emphatically stated his opinion that "a crisis was fast approaching in the affairs of Canada which would terminate in independence and freedom from the baneful domination of the mother country, and the tyrannical conduct of a small and despicable faction in the colony." The official class availed themselves of this egregious blunder to excite the indignation of the Loyalist population against Mr. Mackenzie and other Reformers, many of whom, like the Baldwins and Perrys, disavowed all sympathy with such language. Mr. Mackenzie's motive was really to insult Mr. Ryerson, with whom he had quarrelled. Mr. Ryerson in theChristian Guardian, organ of the Methodists, had attacked Mr. Hume as a person unfit to present petitions from the Liberals of Canada, since he had opposed the measure for the emancipation of slaves in the West Indies, and had consequently alienated the confidence and sympathy of the best part of the nation. Mr. Hume then wrote the letter in question, in which he also stated that he "never knew a more worthless hypocrite or so base a man as Mr. Ryerson proved himself to be." Mr. Mackenzie in this way incurred the wrath of a wily clergyman and religious journalist who exercised much influence over the Methodists, and at the same time fell under the ban of all people who were deeply attached to the British connection. Moderate Reformers now looked doubtfully on Mackenzie, whose principal supporters were Dr. Duncombe, Samuel Lount, Peter Matthews, and other men who took an active part in the insurrection of 1837.

In the session of 1835 a committee of grievances, appointed on the motion of Mr. Mackenzie himself, reported in favour of a system of responsible government, an elective legislative council, the appointment of civil governors, a diminution of the patronage exercised by the crown, the independence of the legislature, and other reforms declared to be in the interest of good government. The report was temperately expressed, and created some effect for a time in England, but the colonial minister could not yet be induced to move in the direction of positive reform in the restrictive system of colonial government.

Unhappily, at this juncture, when good judgment and discretion were so necessary in political affairs, all the circumstances combined to hasten a perilous crisis, and to give full scope to the passionate impulses of Mackenzie's nature. Sir John Colborne was replaced in the government of the province by one of the most incapable governors ever chosen by the colonial office, Sir Francis Bond Head. He had been chiefly known in England as a sprightly writer of travels, and had had no political experience except such as could be gathered in the discharge of the duties of a poor-law commissioner in Wales. His first official act was an indiscretion. He communicated to the legislature the full text of the instructions which he had received from the king, although he had been advised to give only their substance, as least calculated to hamper Lord Gosford, who was then attempting to conciliate the French Canadian majority in Lower Canada. These instructions, in express terms, disapproved of a responsible executive and particularly of an elected legislative council, to obtain which was the great object of Papineau and his friends. Mr. Bidwell, then speaker of the assembly, recognised the importance of this despatch, and forwarded it immediately to Mr. Papineau, at that time speaker of the Lower Canadian house, with whom he and other Reformers had correspondence from time to time. Lord Gosford was consequently forced to lay his own instructions in full before the legislature and to show the majority that the British government was opposed to such vital changes in the provincial constitution as they persistently demanded. The action of the Lower Canadian house on this matter was communicated to the assembly of Upper Canada by a letter of Mr. Papineau to Mr. Bidwell, who laid it before his house just before the prorogation in 1835. In this communication the policy of the imperial government was described as "the naked deformity of the colonial system," and the royal commissioners were styled "deceitful agents," while the methods of government in the neighbouring states were again eulogised as in the ninety-two resolutions of 1834. Sir Francis Bond Head seized the opportunity to create a feeling against the Reformers, to whom he was now hostile. Shortly after he sent his indiscreet message to the legislature he persuaded Dr. Rolph, Mr. Bidwell and Receiver-General Dunn to enter the executive council on the pretence that he wished to bring that body more into harmony with public opinion. The new councillors soon found that they were not to be consulted in public affairs, and when the whole council actually resigned Sir Francis told them plainly that he alone was responsible for his acts, and that he would only consult them when he deemed it expedient in the public interest. This action of the lieutenant-governor showed the Reformers that he was determined to initiate no changes which would disturb the official party, or give self-government to the people. The assembly, in which the Liberals were dominant, passed an address to the king, declaring the lieutenant-governor's conduct "derogatory to the honour of the king," and also a memorial to the British house of commons charging him with "misrepresentation, and a deviation from candour and truth."

Under these circumstances Sir Francis eagerly availed himself of Papineau's letter to show the country the dangerous tendencies of the opinions and acts of the Reformers in the two provinces. In an answer he made to an address from some inhabitants of the Home District, he warned the people that there were individuals in Lower Canada, who were inculcating the idea that "this province is to be disturbed by the interference of foreigners, whose powers and influence will prove invincible"—an allusion to the sympathy shown by Papineau and his friends for the institutions of the United States. Then Sir Francis closed his reply with this rhodomontade: "In the name of every regiment of militia in Upper Canada, I publicly promulgate 'Let them come if they dare'" He dissolved the legislature and went directly to the country on the issue that the British connection was endangered by the Reformers. "He succeeded, in fact," said Lord Durham in his report of 1839, "in putting the issue in such a light before the province, that a great portion of the people really imagined that they were called upon to decide the question of separation by their votes." These strong appeals to the loyalty of a province founded by the Loyalists of 1784, combined with the influence exercised by the "family compact," who had all offices and lands at their disposal, defeated Mackenzie, Bidwell, Perry and other Reformers of less note, and brought into the legislature a solid phalanx of forty-two supporters of the government against eighteen elected by the opposition. It was a triumph dearly paid for in the end. The unfair tactics of the lieutenant-governor rankled in the minds of a large body of people, and hastened the outbreak of the insurrection of 1837. The British government seems for a time to have been deceived by this victory of the lieutenant-governor and actually lauded his "foresight, energy and moral courage"; but ere long, after more mature consideration of the political conditions of the province, it dawned upon the dense mind of Lord Glenelg that the situation was not very satisfactory, and that it would be well to conciliate the moderate element among the Reformers. Sir Francis was accordingly instructed to appoint Mr. Bidwell to the Bench, but he stated emphatically that such an appointment would be a recognition on disloyalty. He preferred to resign rather than obey the instructions of the colonial department, and greatly to his surprise and chagrin his proffer of resignation was accepted without the least demur. The colonial office by this time recognised the mistake they had made in appointing Sir Francis to a position, for which he was utterly unfit, but unhappily for the province they awoke too late to a sense of their own folly.

Mackenzie became so embittered by his defeat in 1836, and the unscrupulous methods by which it was accomplished, that he made up his mind that reform in government was not to be obtained except by a resort to extreme measures. At meetings of Reformers, held at Lloydtown and other places during the summer of 1837, resolutions were carried that it was their duty to arm in defence of their rights and those of their countrymen. Mackenzie visited many parts of the province, in order to stimulate a revolutionary movement among the disaffected people, a system of training volunteers was organised; pikes were manufactured and old arms were put in order. It was decided that Dr. Rolph should be the executive chief of the provisional government, and Mackenzie in the meantime had charge of all the details of the movement. Mr. Bidwell appears to have steadily kept aloof from the disloyal party, but Dr. Rolph was secretly in communication with Mackenzie, Lount, Matthews, Lloyd, Morrison, Duncombe, and other actors in the rebellion. The plan was to march on Toronto, where it was notorious that no precautions for defence were being taken, to seize the lieutenant-governor, to proclaim a provisional government, and to declare the independence of the province unless Sir Francis should give a solemn promise to constitute a responsible council. It is quite certain that Mackenzie entirely misunderstood the sentiment of the country, and exaggerated the support that would be given to a disloyal movement. Lord Durham truly said that the insurrectionary movements which did take place were "indicative of no deep rooted disaffection," and that "almost the entire body of the Reformers of the province sought only by constitutional means to obtain those objects for which they had so long peacefully struggled before the unhappy troubles occasioned by the violence of a few unprincipled adventurers and heated enthusiasts."

Despite the warnings that he was constantly receiving of the seditious doings of Mackenzie and his lieutenants, Sir Francis Bond Head could not be persuaded an uprising was imminent. So complete was his fatuity that he allowed all the regular troops to be withdrawn to Lower Canada at the request of Sir John Colborne. Had he taken adequate measures for the defence of Toronto, and showed he was prepared for any contingency, the rising of Mackenzie's immediate followers would never have occurred. His apathy and negligence at this crisis actually incited an insurrection. The repulse of Gore at St. Denis on the 23rd November (p. 134) no doubt hastened the rebellious movement in Upper Canada, and it was decided to collect all available men and assemble at Montgomery's tavern, only four miles from Toronto by way of Yonge Street, the road connecting Toronto with Lake Simcoe. The subsequent news of the dispersion of the rebels at St. Charles was very discouraging to Mackenzie and Lount, but they felt that matters had proceeded too far for them to stop at that juncture. They still hoped to surprise Toronto and occupy it without much difficulty. A Colonel Moodie, who had taken part in the war of 1812-15, had heard of the march of the insurgents from Lake Simcoe, and was riding rapidly to Toronto to warn the lieutenant-governor, when he was suddenly shot down and died immediately. Sir Francis was unconscious of danger when he was aroused late at night by Alderman Powell, who had been taken prisoner by the rebels but succeeded in making his escape and finding his way to Government House. Sir Francis at last awoke from his lethargy and listened to the counsels of Colonel Fitzgibbon—the hero of Beaver Dams in 1813—and other residents of Toronto, who had constantly endeavoured to force him to take measures for the public security. The loyal people of the province rallied with great alacrity to put down the revolt. The men of the western district of Gore came up in force, and the first man to arrive on the scene was Allan MacNab, the son of a Loyalist and afterwards prime minister of Canada. A large and well equipped force was at once organised under the command of Colonel Fitzgibbon.


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