Matters had now reached an extremity, which seemed to render it no longer possible to delay an interposition. The stoppage of the supplies, like the granting of them, was no doubt a right inherent in a representative assembly. Yet it is one, the exercise of which is attended with such formidable evils, that the Commons of England, during more than a century, had merely kept it in the back ground as a last resort, and never brought it into actual operation. The constitutional character of the measure became still more questionable, when employed, not to control the abuses of the executive, but to overthrow a separate and co-ordinate branch of the legislature, deriving its existence from the same source with the Assembly itself. This was a mighty change, amounting to a kind of revolution, and to be effected only with the utmost deliberation. The stopping the whole machine of government, and not allowing even an interval of time to effect it, was a measure of extreme violence. Had the popular leaders listened to the dictates of prudence and moderation, they might, availing themselves of the conciliatory disposition shown by the new governor, have obtained all their substantial objects. They would have gained the chief control in the executive, after which the Legislative Council, whom they continually reproached with subserviency to the latter branch, were not likely to persevere in unavailing opposition.
Ministers now determined no longer to delay measures for counteracting the proceedings of the violent party, and placing the executive government in a state of regular action. Parliament having assembled, and the reports of the commissioners laid on the table, Lord John Russell, on the 6th of March, 1837, moved a series of resolutions, on which acts were to be founded. After a statement of the actual posture of affairs, it was proposed that the sum of £142,000 should be taken out of the provincial funds locked up by the Assembly, and applied to the payment of the judges and other civil officers, down to the 10th of April. It was afterwards agreed, not, as the commissioners had recommended, to resume any part of the ceded monies, but, by a strict economy, to carry on the government from that date with the casual and territorial revenues, which circumstances had now raised to about £28,000. The elective Legislative Council, and the direct responsibility of the executive one to the Assembly, were both declared inexpedient; though it was stated as desirable, that considerable improvements should be made in the composition of both. These suggestions gave occasion to very warm debates. The Tories, while they supported the proposals of government, accused them of an imprudent indulgence and want of energy, which had emboldened the factious party to proceed to extremities. On the other hand, a small but active section of the popular leaders justified all the claims and proceedings of the Canadian Assembly, denounced the resolutions as unconstitutional and tyrannical, and predicted as their result civil war and the loss of the colonies. The motion of Mr. Leader, however, in favour of an Elective Council, was negatived by 318 to 56, and the cabinet measures were carried by overwhelming majorities;—but the death of William IV. intervened before they could be embodied in acts of parliament. The necessity of a dissolution, and the unwillingness to begin the government of a young and popular Queen by a scheme of coercion, induced ministers to substitute the expedient of advancing the amount by way of loan from the British revenue, in the prospect of being ultimately reimbursed from the provincial funds.
As an interval was to elapse between the passing of the resolutions and their being acted on, Lord Gosford was instructed to make a last trial of the Assembly, in hopes that, seeing such a vast majority in parliament against them, they might be induced of themselves to vote the money, and thus save the necessity of any unwonted interference. Already, however, several violent demonstrations had taken place. Meetings were held in the counties of Montreal and Richelieu, in which it was affirmed, that the votes of the Commons had put an end to all hopes of justice; and that no further attempts should be made to obtain redress from the imperial parliament. They considered the government as now only one of force, to be submitted to from necessity during their present weakness; and in order to reduce as far as possible its power, they declared that all consumption of British manufactures, and of all articles paying taxes, ought to be discontinued; and, finally, that a general convention should be held, to consider what further measures were advisable.
Lord Glenelg, in consequence of this state of things in Canada, had resolved to send out two additional regiments; but afterwards, finding this to be inconvenient, he gave authority to apply to Sir Colin Campbell for such force as could be spared from Nova Scotia and New Brunswick. On the 6th of May, the governor replied, that he had not the least expectation of anything serious, though, in case of a dissolution, he admitted that “there might be some broken heads.” On the 10th of June, however, upon learning that a system of organization was carrying on under the influence of Papineau, he applied to Sir Colin for a regiment, which arrived early in July. He had already issued a proclamation, warning the people against all attempts to seduce them from their allegiance. Meetings, numerously attended, were held in Montreal and Quebec, condemning the violent conduct of the House of Assembly, declaring attachment to British connexion, and deprecating any breach of the public peace.
On the 18th of August, Lord Gosford again called the provincial parliament. The resolutions were laid before the Assembly, with the expression of a hope that its proceedings would supersede the necessity of their being acted on. The changes in the constitution of the councils had been unfortunately delayed by difficulties as to certain appointments; but these improvements were solemnly promised. Warm debates ensued. Mr. Andrew Stuart, one of the members for Quebec, proposed a compliance with the request of government, which was negatived by 63 to 13. An address was then moved by M. Taschereau, a representative of the county of Beance, expressing a willingness to give a trial to the means proposed for amending the Legislative Council, but declining any grant till they were brought into operation. Another address, breathing the most determined hostility, was then moved, and carried by 46 to 31. It denounced the step now taken as an absolute destruction of the representative government in the province,—a total refusal of all the reforms and improvements demanded. If these resolutions were carried into effect, the colony, it was said, would no longer be attached to the mother country by feelings of duty, of affection, and mutual interest, but solely by physical force. In this conjuncture, they could see no motive for the slightest departure from their intention to withhold the supplies; and they adhered in every respect to their resolutions of 30th of September, 1836. Lord Gosford, in reply, gave utterance to his deep regret at measures which he considered a virtual annihilation of the constitution, and immediately prorogued the Assembly.
March on Lake Chaudière.
March on Lake Chaudière.
The Chaudière,near Bytown.
The Chaudière,near Bytown.
The popular leaders seem now to have formed the resolution of having recourse to arms. They, as well as their organs in this country, had often asserted, and seem at length to have believed, that only an effort was required to sever the colonies from the mother country. This was a most hasty and inconsiderate conclusion. The example of the American colonies was referred to; but they were much stronger than the Canadians are now, while the power of Britain, on the other hand, was considerably smaller. Yet it was only after a long and calamitous contest of eight years, that they established their independence; and their success would have been doubtful, had they not been aided by a most powerful European confederacy. The aid of the United States was, indeed, held forth; but the latter had been so little disposed to intermeddle on such occasions, that they remained neutral during the long contest between Spain and her colonies, although her situation gave them little to dread from her resentment. It was therefore very unlikely that they should now engage single-handed in a contest with the whole power of Britain.
The meetings, in pursuance of these views, were not held on so great a scale, or in the same public and ostentatious manner, as formerly. They were numerous, however, and breathed the most hostile spirit, renouncing all hope of redress from the parent state, and pointing directly to a separation. A central committee was formed at Montreal, whose proceedings were, in a great measure, secret; and preparations were understood to be making for a general convention. It was nearly vain to attempt repressing the most violent demonstrations against the government, since no petty jury could be found to convict; and in two instances, when the evidence was considered perfectly conclusive, the bills were ignored by the grand jury. The governor, however, learning that numerous individuals, holding her Majesty’s commission, had taken a share in those meetings, caused letters to be written to them demanding an explanation. On receiving none that was satisfactory, he dismissed eighteen magistrates and thirty-five militia officers. Among the latter was Papineau, whose answer was couched in the most defying and contemptuous terms. He, it is observed, had now gone such lengths, as made it impossible for him to recede without losing all his influence—he must either be put down, or allowed to put down the government. In the beginning of October, the new arrangement of the two councils was carried into effect, at least to a great extent; but it excited little interest, and was rejected by the violent leaders as wholly unsatisfactory.
The malcontent party became every day bolder. An association was formed, under the title of “The Sons of Liberty,” who, without committing violence, paraded the streets of Montreal in a hostile and threatening manner. They emitted a proclamation, containing the most violent expressions. “The wicked designs,” said they, “of British authorities have severed all ties of sympathy for an unfeeling mother country.”—“A glorious destiny awaits the young men of these colonies;” and this was explained to be, “to disfranchise our beloved country from all human authority, except that of the bold democracy residing within its bosom.” They alluded to “the struggle for life and liberty, in which the day of glory arrives that will see us emerge from a long dark bondage to the splendour of light and freedom.” At the same time, in the county of Two Mountains, the people determined not to obey the magistrates appointed in the room of those displaced; an organization was formed ofpacificatorjustices, to compose differences without recourse to the constituted authorities, and in whose decisions all true patriots were required to acquiesce. Meanwhile, the militia in that district were organized in a new form, under officers of their own selection, including those recently dismissed; and an active training was carried on. All loyal and neutral residents were, by violent measures, compelled either to join the malcontents or quit the territory, throughout which British authority entirely ceased.
No long time passed before this course of proceeding was imitated in the more populous portion of the Montreal territory, lying southward of the St. Lawrence. On the 23d of October, a meeting was held of the five counties on the Richelieu and the Yamaska, when a petition was presented from L’Acadie, to be admitted as a sixth. The petitioners used the most intemperate language, declaring themselves prepared to sacrifice every thing most dear to them in this world, to emancipate from a vile slavery the land that gave them birth. They renounced all principles but those of the purest democracy, and desired to place themselves under the guidance and behind the buckler of L. J. Papineau. At the meeting of the six counties, the numbers attending were variously estimated from 1,500 to 5,000, of whom a proportion were armed. Their resolutions, without absolutely announcing rebellion, went to place everything in preparation for it. The recent appointments to the two councils were declared wholly unsatisfactory, while the introduction of an armed force into the province was stigmatized as a new and enormous grievance. The magistrates and militia were to be organized after the model of those of the Two Mountains; and the example of the Sons of Liberty was also recommended, “that they might be prepared to support each other with promptitude and effect, should circumstances require them to protect and defend their threatened liberties.” A similar address was drawn up on the following day, and circulated through the province. The same course was followed, of compelling, by violence and threats, the officers to resign their situations or leave the country.
Lake of the Two Mountains.
Lake of the Two Mountains.
St. John's, Richlieu River.
St. John's, Richlieu River.
Government could not remain passive while its authority was openly set at nought, and insurrection matured under its very eye. Applications were made to Sir Colin Campbell for two additional regiments, and likewise for what force could be spared from the upper province. The zealous offers of the loyal inhabitants to place themselves in arms, which had been long declined from motives of prudence, were now accepted, and volunteer corps were zealously and rapidly organized. The catholic clergy took a decided part in the support of order and peace; and an address was published by the Bishop of Montreal, exhorting his flock against the violent and illegal proceedings now in progress. This, among a religious people, though it did not stop the career of those who had so deeply committed themselves, had probably a powerful effect in arresting the spread of the disorder, and keeping it confined, as it still was, to Montreal district.
The first blow was struck at the town now mentioned, between the Sons of Liberty, and a loyal association formed in opposition to them. The former were completely worsted, and pursued through the streets; none were killed, but several severely hurt, particularly Brown, from New York, who had assumed the title of their general. Papineau’s house, which the victors attempted to burn, was saved, but the office of the Vindicator newspaper was destroyed. Exaggerated reports of this affair being spread throughout the country heightened the general ferment; and it was announced from various quarters that resistance was daily extending, and assuming a more organized form.
It was now obvious that, unless some decisive steps were taken, the malcontent cause must continually gain new strength, and the connexion of the colonies with the mother country become seriously endangered.
The course deemed most effectual, was immediately to arrest the most active leaders. A warrant was accordingly issued at Montreal against twenty-six, of whom seven were members of Assembly, including Papineau and Viger. Nine were apprehended; but the arch-agitator himself had disappeared, and doubts were even entertained if he were still in the province. This step necessarily led to a crisis, especially as some of the warrants were against persons residing in the heart of the disturbed territory. Two being in the vicinity of St. John's, on the Richelieu, a party of eighteen volunteer militia were despatched thither to apprehend them. An oversight seems to have been committed in sending so small a force, not regular, into the midst of a hostile country. They succeeded, however, in capturing the parties; and an armed body of thirty, who appeared near Chambly, made no attempt to intercept them. Near Longueuil, however, they found a field on the right of the road occupied by 300 well-armed men, protected by a high fence. From this assemblage a fire was immediately opened upon the detachment, which, from its position, could not be returned with effect. Several were wounded, the rest retreated, and the two prisoners were rescued by the insurgents.
The standard of insurrection having been thus openly raised, it became necessary to act with the utmost promptitude. Information was received that Papineau, Brown, and Neilson were at the villages of St. Denis and St. Charles, on the Richelieu, which had been occupied by the armed inhabitants; and accordingly Sir John Colborne, the commander-in-chief, sent strong detachments under Colonels Gore and Wetherall, to attack these places. The former, on the 22d of November, having conveyed his force in a steamer to Sorel, proceeded up the river against St. Denis; but being obliged to take a circuitous route, through tracks which, from the previous rain, were knee-deep, the troops arrived in a very jaded state. Though the whole country was in arms, no serious resistance was encountered till they reached the village, the entrance to which was defended by a large stone house strongly fortified, from which, as well as from others on each side, a heavy fire was opened. A howitzer was brought up against it, whence round shot was fired, with a view to batter it down, but without effect. Captain Markham, with the advance, had gallantly cleared the way, and taken an adjoining house, but was then severely wounded, and obliged to quit the field. Finding that no impression could be made on the main barrier, that his ammunition was nearly exhausted, and that the troops were overpowered with fatigue, Gore considered a retreat unavoidable. It was effected without serious inconvenience, though it became necessary to leave a cannon on the road, while his loss was six killed, ten wounded, and six missing. No blame seems to have been attached to the colonel, whose means, especially in ammunition, were scarcely adequate; but this second advantage, gained by the rebel cause at the opening of the contest, was a most unfortunate circumstance, and, unless counteracted, might have spread disaffection to an alarming extent.
Fort Chambly.
Fort Chambly.
Meantime, Colonel Wetherall, with his detachment, proceeded by way of Chambly to St. Charles, a point higher up the river. He was delayed in a similar manner by the badness of the roads; and, on reaching St. Hilaire, found it necessary to procure another company from Chambly, and even to send a messenger to Montreal, we presume, for further aid. Having reason, however, to consider his communications with that place intercepted, he determined, on the 26th, to advance to the attack. About 1,500 insurgents, under the command of Brown, had posted themselves in the village, and surrounded it with a strong stockade. The English commander, on his arrival, drew up his force at a short distance, in the hope of producing some defection; but none taking place, and a heavy fire being opened upon him, he pushed forward to the assault. In about an hour the intrenchment was carried, the fortified houses and palisades were set on fire, the troops were masters of the town, and the rebels fled in every direction. The carnage was great; the entire loss of the malcontents being about 300. Charges have been made of severe and vindictive proceedings, which we should hope are exaggerated. Another body took up its position in his rear, with the view of cutting off his return to Chambly; but when he approached them, on the 28th, they broke and dispersed at the first onset.
The affair of St. Charles decided the fate of the contest. A general panic spread among the peasantry, and they began to consider themselves betrayed by leaders, who did not show the courage expected of them in the hour of trial. Colonel Gore, strongly reinforced, again advanced upon St. Denis, which he entered without resistance on the 2d of December, Neilson and Brown having quitted it on the preceding evening. He then marched upon St. Hyacinth, but found it also undefended, and made a vain search for Papineau. The chiefs, renouncing their hopes, were already seeking safety in the territory of the United States. Brown reached it with great difficulty—through many perils; Neilson was taken in a barn, conveyed to Montreal, and thrown into prison. Papineau could not be traced; nor is there any record of his having compromised his personal safety in a contest which he had been the main instrument in exciting.
Attempts, however, were made to support the cause from a quarter which, under certain circumstances, might have proved very formidable. The United States contained many individuals disposed to sympathize deeply with the Canadians, and many restless spirits were inclined to join them, allured by the promise of large lots of confiscated land. Even in the present hopeless circumstances, 200 passed the frontier; but before Sir John Colborne could send a force against them, a party of the volunteers of Missiqui county, under the command of Capt. Kemp, took arms, and drove them back with some loss. Thus, the whole of the six counties, so lately in open rebellion, were in a fortnight reduced to perfect tranquillity.
There remained still the districts of Two Mountains and Terrebonne, north of Montreal, where insurrection had been first organized, and still wore its most determined aspect. Sir John Colborne had judiciously postponed operations against this quarter, till, the south being completely tranquillized, he could direct thither his whole force. On the 14th of December, he marched in person, with about 1,300 regular and volunteer troops, against the large village of St. Eustache. The disasters of their brethren elsewhere had spread a well-founded alarm; and the greater number of the men and their leaders, including Girod, the supposed commander-in-chief, fled precipitately. About 400 of the most desperate, however, continued to occupy a church and adjoining buildings, which had been carefully fortified; and here so obstinate a stand was made, that a British detachment was at one point made to recede. But fire having reached the adjacent edifices, soon spread to the church itself, the defenders of which were thereby speedily dislodged; while the troops, being protected by the houses, did not lose more than one killed and nine wounded.
Colonel Maitland now marched towards St. Benoit, the chief village of the Grand Brulé district, which had been the focus of insurrection; but on his way he met a deputation, tendering the most humble submission, and he entered the place without resistance. Unfortunately, the loyal inhabitants, who had been plundered and driven out of the country, could not be restrained from acts of violence, and a considerable portion of the houses were reduced to ashes. Maitland, after occupying St. Scholastique, returned to Montreal, leaving the district in a state of perfect tranquillity. The people, complaining that their chiefs, after instigating them to revolt, had deserted them, seemed determined not to be again seduced into such a course. Several of the leaders were taken; Girod himself, being surrounded, so that he could not escape, committed suicide.
Upper Canada, meantime, had become the theatre of important events. For a considerable time, especially since the residence there of M. Gourlay, a party had existed supporting extreme political opinions. These, it is true, were not embittered by any feelings arising from difference of race; but many of the inhabitants had emigrated from the United States, to whose institutions they were naturally partial. They gained over a number of the British residents, influenced by the usual motives, and who complained especially of the favouritism shown in the granting of land. These grounds of discontent were carefully investigated by the committee of 1828, and instructions issued by Lord Goderich, which here, as in the lower province, gave general satisfaction. The discontented party, however, proceeded from one step to another, till Mackenzie, Duncombe, and other leaders, scarcely made any secret of their desire to separate from Britain and join the American Union. In 1834, this party, for the first time, obtained a majority in the Assembly; and though they had hitherto confined themselves to complaints on particular subjects, they now commenced a general opposition to the royal government; and at length, as in the other province, came into violent collision with the Legislative Council. They transmitted to the King a long and elaborate list of grievances, complaining that the officers in the colony were too numerous, too highly paid, and the holders removable at the pleasure of the crown; that support had been unduly given to particular religious establishments; and that Lord Goderich’s recommendations had been by no means fully acted upon. They also urged, with the same vehemence as in the sister colony, the demand for an elective legislative council.
Toronto.
Toronto.
This union of the two provinces, pushing with equal zeal the most extreme measures, brought affairs into a somewhat hazardous position. When Lord Gosford and the commissioners were sent to Lower Canada, the ministry placed the upper province under Sir Francis Head, a man of literary talent, and of peculiar firmness, shrewdness, and energy of character. Having arrived early in 1836, as already related, he took the straightforward course of at once publishing the extent and limits of his instructions; at the same time assuring the people of his most zealous efforts to remove every practical grievance. The Assembly, however, were by no means satisfied; and another ground of contest soon arose. Sir Francis added to the executive three members, whose appointment was highly satisfactory to the popular party; but, as several weeks elapsed without their having been consulted on any subject, they stated in a letter that they considered themselves thus rendered responsible for measures in which they were allowed no share, and therefore tendered their resignation. While accepting it with regret, he maintained that he lay under no obligation to consult them on every measure; but was at perfect liberty to judge of the occasions on which the public interest might require their aid. The House of Assembly immediately took up the affair, and having, agreeably to request, been furnished with a copy of the correspondence, drew up a report, and afterwards a long address to the King, strenuously controverting the governor’s doctrine; and, in the course of it, broadly charging him with “deviations from truth and candour.” Proceeding in the same hostile spirit, they, for the first time, stopped the supplies; in consequence of which Sir Francis reserved all their money bills for his Majesty’s decision, and rejected the application for payment of their incidental expenses.
All hopes of accommodation being thus closed, he determined, on the 28th of May, to make an appeal to the people by a new election. It was contested by an extraordinary ardour; and a war of manifestos, proclamations, and addresses was forthwith waged between the parties. Perhaps no ruler ever effected more by writing than Sir Francis. The frank, energetic, and popular style in which his addresses were penned, produced an extraordinary effect; and already the peaceable inhabitants had begun to shrink from the extremes into which the popular leaders were hurrying them. These several causes produced the important result, that, in the new Assembly, a decided majority supported the constitutional side. The demagogues complained to the ministry that this effect had been produced by illegal means—by extraordinary grants of land, and even by violence and bribery. The Assembly, however, after strict inquiry by a committee, declared these allegations to be utterly false, expressing, at the same time, the strongest attachment to the mother country and to the governor.
During this tranquil and satisfactory state of Upper Canada, insurrection broke out in the lower province; and Sir Francis being requested to state what force he could spare, his answer was, “All.” He considered it not only practicable, but desirable, that every soldier should be removed out of his district, and a full display thus made of its loyal and peaceful condition. He caused the arms to be deposited in the city-hall of Toronto, under charge of the mayor, declining even to place a guard over them to prevent sudden capture. In this state of things, Mackenzie determined to make an attempt upon the capital. Having a number of small detached parties throughout the province, who were ready to obey his mandate, and had even been trained to the use of weapons, he ordered them to assemble on the 4th of December, on the great road, called Yonge-street, leading to Lake Simcoe. Hurrying by cross-paths through the forest, they mustered at Montgomerie’s Tavern, about four miles from Toronto. Their numbers, at first estimated at 3,000, are not supposed to have exceeded 500. With the view of effecting a surprise, they attacked every one going to the city; among whom, Col. Moodie, a distinguished officer, was wounded, and died in a few hours. Alderman Powell, however, having shot one of his assailants, escaped, roused the governor, and gave the alarm; upon which Sir Francis ran to the town-hall, where he found the chief-justice with a musket on his shoulder, surrounded by a band of brave men, who had hastily assembled. The arms being unpacked and placed in their hands, they posted themselves in a defensive attitude at the windows of the building, and of others flanking it. But Mackenzie, presuming that Powell would instantly give notice, did not venture to advance—a pusillanimous resolution, assuredly, since he could never again expect so favourable an opportunity. By morning 300 royalists were mustered; and in the course of the day Mr. Allan McNab, speaker of the House of Assembly, arrived with sixty from the Gore District, and others from different quarters raised the number to 500. On the 6th, the force was considered sufficient for offensive operations; but the governor, anxious to avoid the effusion of blood, sent a message to the insurgents, inviting them to lay down their arms. Mackenzie offered to comply, on condition that a national convention should be called, allowing till two o’clock for the answer; but as no reply could be given to this proposition, arrangements were immediately made for an attack on the following day.
On the 7th of December, at noon, the whole force marched out. In this civic array, principal commands were held by Col. McNab, the present, and Mr. Justice McLean, the late speaker of the Assembly; while the clerk of the House officiated as adjutant-general. The rebels had occupied an elevated position in the front of the tavern, where, being in some degree protected by houses, they endeavoured to make a stand; but the militia advancing to the charge, with the utmost enthusiasm, soon broke the whole corps, which dispersed in every direction, Mackenzie himself escaping with extreme precipitation. They were pursued four miles; two of the chiefs were taken; the tavern was burnt to the ground; and the revolt was so completely quashed, that Sir Francis considered he might safely exercise the attribute of mercy, by dismissing the greater part of the misguided prisoners.
Fish Market, Toronto.
Fish Market, Toronto.
The militia, meantime, had been marching toward Toronto in vast numbers; 2,600 from the Newcastle district; and in all upwards of 10,000. Immediate notice was now issued, that they might return to their homes; and those of the eastern districts were authorized to give their aid to Lower Canada. As it was understood, however, that Duncombe had assembled a corps in the London district, which had been a main seat of faction, Col. McNab was sent thither with a sufficient force. On its approach, the chiefs disappeared, and about 300 of their followers laid down their arms, expressing deep regret, and even a readiness to serve in the royal army.
The insurrection had thus been entirely put down, and Upper Canada was everywhere completely tranquil, when a sudden danger arose, which threatened to become very serious. Mackenzie fled to the town of Buffalo, in which he held crowded meetings, and kindled a considerable enthusiasm in his cause. Besides the prevalent democratic feeling, commercial distress had thrown numbers out of employment, who were ready to engage in any desperate enterprise. Some of a more opulent class furnished resources; while Van Rensselaer, Sutherland, and other individuals acquainted with military service, presented themselves as leaders of the armament. Thus, a small corps was quickly assembled, which took possession of Navy Island, situated in the Niagara channel, between Grand Island and the British shore, which they fortified with thirteen pieces of cannon. Hence Mackenzie issued a proclamation, in the assumed name of the Provisional Government of Upper Canada. Volunteers were invited from that country, and from the States; being assured, that out of the ten millions of acres which victory would place at their disposal, each should receive 300 in full property. There was to be no more dependence on Downing-street; the Assembly, council, governor, and officers were all to be elected by the people. Trade was to be freed from all restraints; and, in a strain of rhodomontade, it was added, that the largest vessels would be able to ascend to Lake Superior. Recruits continued flocking to this post, till their numbers amounted to about a thousand. Col. McNab soon arrived with double that number of militia; but he wanted materials for crossing the channel, and forcing the strong position held by the rebels.
All eyes were now turned to the government of the United States, on which the question of peace or war evidently depended. As soon as the first notice was received, there was displayed the most sincere determination to maintain a strict neutrality. Van Buren, the president, issued two successive proclamations, warning the people of the penalties to which they would become liable by engaging in hostilities with a friendly power; and the debates in congress displayed the most complete unanimity against any measure which might commit the American government in such a contest. Clay, Davis, Benton, Calhoun, leaders of opposite parties, united with one voice in this sentiment. The last of these declared, that, “of all calamities which could befall the civilized world, a war with Great Britain would, at this moment, be the most to be deplored.” There was scarcely time for a legislative enactment; but the president appointed General Scott, a veteran officer of energetic and decisive character, to take the command of the disturbed frontier.
Meantime, an event occurred, which, while it weakened the insurgents, excited a strong fermentation among their adherents. A small steamer, named the Caroline, had been purchased, or at least was regularly employed by them, between Fort Schlosser, on the American shore, and Navy Island, conveying to the latter troops and stores. Capt. Drew was instructed by Col. McNab to intercept her return. He did not succeed; but seeing her in the channel, moored to the American shore, determined to attack her. He approached undiscovered to within twenty yards; and being then asked the countersign, promised to show it when on deck. The Caroline immediately opened a fire, but the British boarded, and in two minutes were masters of her. Those who resisted were killed or made prisoners; while others, who appeared to be peaceable citizens, were put on shore. The vessel itself, which the strength of the current made it inconvenient to tow across, was set on fire and abandoned, when the stream hurried it rapidly to the brink of the great cataract, down which the flaming mass was precipitated. The wild and picturesque character of this scene acted strongly on the imagination, and the Americans resolutely, though, it would appear, without reason, asserted that unoffending persons had been involved in the massacre, and several even hurried down the awful abyss.
The loss of the Caroline was soon followed by the arrival of General Scott, who took vigorous and effective measures to prevent any supplies or recruits from reaching Navy Island. Meantime, the force of the assailants was continually augmented; two companies of regulars, with a train of artillery, had been sent from Lower Canada, and a tremendous cannonade was commenced. The insurgents, seeing their position become every day more desperate, determined to evacuate it—an object which they effected on the 14th of January. Van Rensselaer and Mackenzie were arrested by the American authorities, but admitted to bail.
Sutherland, with a party of the fugitives, hastened to the extreme west, where, being reinforced by some adventurers in that quarter, they attempted an establishment on Bois Blanc, an island in the Detroit channel. A body of troops, however, was soon despatched against them; and a vessel, containing not only supplies, but several chiefs dignified with high military titles, was captured. Finding it impossible to maintain themselves there, they sought an asylum on Sugar Island, which belongs to the United States. General Scott, meanwhile, was hastening to the place; but Mason, the local commander, addressed the refugees, and by mere dint of remonstrance prevailed upon them to disperse. Attempts were made at other points to form tumultuary assemblages for invading Canada; but, under the altered circumstances, these did not excite any serious alarm.
Navy Island(from the Canada side.)
Navy Island(from the Canada side.)
Meantime, intelligence of the first insurrectionary movements reached Britain, where it excited the strongest sensation. A few of the popular leaders exulted in the event itself, and in the anticipation of its triumphant issue; but the nation, in general, by no means shared this sentiment. The Tories, though they accused government of having, by want of energy, prepared this convulsion, expressed their cordial concurrence in all the means suggested for its suppression. As the house was about to rise for the Christmas holidays, ministers proposed, that, instead of postponing their meeting, as usual, till the beginning of February, they should fix it for the 16th of January, when, according to the course of events, suitable resolutions might be adopted.
Parliament had no sooner reassembled, than information arrived, which left no room to doubt that the rebellion would be suppressed without having assumed any formidable character. The aims of the government were therefore directed towards reorganizing the executive on such a footing as, without suppressing Canadian liberty, might secure future tranquillity. But it was considered indispensable, for the present at least, to suspend the constitution of the lower province. A council was to be named by the Queen, which, with the governor, might exercise the functions now performed by the two legislative bodies; but their powers were not to last beyond the 1st of November, 1840, nor were any of their enactments, unless continued by the proper authority, to be valid beyond the 1st of November, 1842.
Sir John Colborne, then acting as provisional governor of Lower Canada, was instructed to carry these measures into immediate execution. The ministry, however, had determined upon a farther step, with a view to the ultimate settlement of the province. The Earl of Durham was solicited and prevailed upon to undertake its government, as well as that of all British America; and also to turn his attention towards an improved plan for its future management. His lordship’s high reputation as a statesman, and the liberality of his views on political subjects, seemed to afford a security that he would act with vigour, and at the same time with a strict regard to national freedom. He was empowered to form a species of representative council, composed of thirteen members from each province, but to use them merely as advisers, and to call and dismiss them at pleasure.
On the 29th of May, 1838, his lordship arrived at Quebec, where he was received in the most cordial manner, for all parties seemed to unite in expecting from him a settlement of those dissensions which had so greatly distracted the country. In his subsequent progress to other districts, and to Upper Canada, as far as Niagara, he met similar expressions of confidence and congratulation. He was soon, however, called to decide upon a delicate and difficult question, which Sir John Colborne had thought it expedient to reserve for his determination. Wolfred, Neilson, Bouchette, Viger, and other individuals of some distinction, were lying in the jail of Montreal, charged with high treason. Some strong punishment was necessary to mark their crime, and deter from its repetition; yet an impartial jury could not be expected for their trial, which besides would have reopened all those party animosities which it was the object of his lordship to appease. Under this view, he adopted the following course: the prisoners, having been induced to make a confession of guilt, were sentenced to be deported to Bermuda, and to be there kept in strict surveillance. If they should ever return to Canada, without leave from the governor, they were to suffer the penalty of death. The same was awarded to Papineau and others implicated in the late rebellion, but who, after its disastrous issue, had fled the country.
As soon as this ordinance was known in Britain, it created an unusual excitement in the legislature. Lord Brougham, in the House of Peers, made a motion, declaring it illegal, as condemning to death without trial, and to transportation to a colony which was not within the jurisdiction of the governor-general; but, under the peculiar circumstances of the case, he proposed a grant of indemnity. This vote, though strenuously opposed by Lord Melbourne, was carried in the Upper House by a considerable majority. Ministers then, having received from the law-officers of the crown an unfavourable report, at least as to the last particular, considered it impossible to make any farther resistance. They annulled the ordinance, but at the same time conveyed to Lord Durham expressions of their regret, of their general approbation of his measures, and of the unaltered confidence with which they regarded his administration.
His lordship, however, was not of a character to brook this interposition. He had, it is true, passed the limits of strict law; but he maintained that these were scarcely applicable in the critical and convulsed state of the province; that the sentence was lenient; and, on the principle ofvolenti nulla fit injuria, the parties concerned could not be wronged by a decision in which they had cheerfully acquiesced. In short, there being no substantial injustice inflicted, Lord Durham thought he had reason to complain that his scheme was not allowed a fair trial. He had, perhaps, an equal ground of dissatisfaction in reference to the hostile interference of the opposition lords, and more especially because the ministers, his employers, did not resist it to the utmost. Yet it would certainly have been more magnanimous on his part, had he endeavoured, under every discouragement, to have done his best to accomplish his undertaking. He yielded too far to passion and pride, when, even before receiving the official accounts, he publicly announced his intention of throwing up the administration. He did not even follow the established course, of requesting her Majesty’s permission to resign, and waiting till he received it. In announcing, too, the disallowance of the ordinance, he commented on the decision with a severity which was considered irregular, and tending to compromise the royal authority. On the 1st of November his lordship set sail from Quebec, and on the 26th arrived at Plymouth.
Meantime, a fresh storm of rebellion brooded over the province. In the course of the summer, even amid apparent quiet, the burning of a steam-vessel, called the Sir Robert Peel, in the St. Lawrence, and the acquittal of the murderers of Chartraud in the face of the clearest evidence, showed that the spirit of disaffection was still deeply cherished. By the beginning of winter, arrangements had been made for a general rising of thehabitans, supported by a numerous body of American citizens, who, under the title ofsympathizers, had vehemently espoused their cause. Arms and ammunition had been clandestinely introduced; and a species of association, bound by secret oaths and signs, had been formed along the whole frontier. Lord Durham imputes this movement to the proceedings at home, which had shaken the confidence in his authority, and raised the hopes of the disaffected; but Sir John Colborne considers that those preparations had been actively pursued ever since the preceding June. The government of the United States, though they had no adequate power to prevent the part taken by their subjects, showed a good disposition, by giving the first intimation of what was going on to Mr. Fox, the British ambassador at Washington. The tidings were soon confirmed from other quarters; and Sir John Colborne lost no time in putting the province in a state of defence, and procuring an additional force from Nova Scotia.
On the night of the 3d of November, a concerted rising took place in all the southern counties of Montreal District; but, owing to some failure of arrangement, the stations along the Richelieu were not found supplied with arms according to appointment, so that most of the inhabitants there dispersed and returned to their homes. The chief seat of insurrection was now farther west, between that river and the St. Lawrence. There three arch-rebels, Dr. Robert Nelson, Côte, and Gagnon, had collected about 4,000 men, and established their head-quarters at Napierville. Their first object was to open a communication with their friends in the States, for which purpose 400 men were detached to the frontier. There a body of British volunteers, as brave as loyal, had stationed themselves, by whom the rebels were attacked, and obliged to retreat with great loss. To retrieve this disaster, Dr. Nelson, with upwards of 900 men, marched against the loyalists. The latter, only 200 strong, took post in Odelltown chapel, on which the enemy commenced a brisk attack; but, after two hours and a half, were obliged to retreat, with the loss of one hundred killed and wounded. The defenders had an officer and five men killed, and nine wounded.
Meantime, Major-General Sir James McDonnell, under orders from the governor, with seven regiments of the line, crossed the St. Lawrence, and marched upon Napierville. The rebels, discouraged by former losses, after a vain attempt to unite their forces, dispersed in every direction without firing a shot. They still retained a post at Beauharnois; but Col. Carmichael, with a detachment of regulars, and 1,000 Glengary militia, drove them out, though with the loss of two men killed and the same number wounded. Mr. Ellice, and a party of friends, who had been made prisoners by them at the outset, were allowed to return to Montreal. On the 11th, a week only after the first movement, McDonnell could announce that the insurrection was completely at an end, without the rebels having been able to open any communication with their supporters beyond the frontier.
We must now turn to Upper Canada, where, even before the former outbreak, Sir Francis Head had resigned. The immediate cause was the disapprobation expressed by Lord Glenelg for his removing Judge Ridout, on account of his democratical principles, and his refusing to obey an order to raise to the bench Mr. Bidwell, late speaker of the Assembly, and an opposition leader. He at the same time, in no measured terms, condemned the system of conciliation hitherto pursued in the Colonial Office, whose members he even branded as republicans; insisting that a stern uncompromising maintenance of the monarchical principle, and the exclusion from office of all opposed to it, was the only basis on which Canada could be governed. Ministers unwillingly accepted his resignation; while the loyal inhabitants, among whom he had rendered himself highly popular, expressed on the occasion deep regret and disgust. Col. Sir George Arthur, who had previously held a similar situation in Van Dieman’s Land, was appointed to succeed him.
The new governor soon found himself involved in difficult circumstances; for, early in June, bands to the number of 1,000 or 1,200 Americans crossed the Niagara channel, and endeavoured to excite the people to insurrection. They attacked a party of fourteen lancers posted in an inn, and, by setting it on fire, obliged them to surrender. But no sooner did they learn that Sir George had arrived at Niagara, and that the country was rising against them, than they hastily recrossed the frontier, leaving about forty prisoners, among whom were Morrow and Waite, the first and second in command. In the end of June, a smaller party passed the St. Clair, and invaded the Western District; but finding themselves unsupported, and the militia advancing, they returned, after losing a few of their number, who fell into the hands of the pursuers.