Chapter 20

Now let us leave the Bishop's Palace, among the rocks of old Quebec, and visit the humble village of Newark, where Lieutenant-Governor Simcoe opened his first legislature under the new constitution in the autumn of 1792. Across the rapid river was the territory of the Republic, which was engaged in a grand experiment of government. The roar of the {308} mighty cataract of Niagara could be heard in calm summer days. On the banks of this picturesque river was the residence of the lieutenant-governor, known as Navy Hall, where the legislators of Upper Canada probably met. This was but a mean parliament house, compared with the massive pile which was chosen for a similar purpose in Quebec; and yet each was appropriate in its way. The Bishop's Palace illustrated an old community, which had aimed at the conquest of the larger part of America, and had actually laid the foundations of an empire; the legislative cabin of Newark was a fit type of the ruggedness and newness of western colonial life. The axe was whirring amid the forests, and only here and there, through a vast wilderness, could be seen the humble clearings of the pioneers.

The session was opened with the usual speech, which was duly reported to the house of assembly by the speaker, Mr. McDonnell of Glengarry, and immediately taken into consideration by the representatives of the yeomanry of the western province. It is said that on more than one occasion, the representatives were forced to leave their confined chamber and finish their work under the trees before the door. If the attendance was small on this occasion, it must be remembered that there were many difficulties to overcome before the two Houses could assemble in obedience to the governor's proclamation. The seven legislative councillors and sixteen members who represented a population of only 25,000 souls, were scattered at very remote points, {309} and could only find their way at times in canoes and slow sailing craft. Nor must it be forgotten that in those early days of colonisation men had the stern necessities of existence to consider before all things else. However urgent the call to public duty, the harvest must be gathered in before laws could be made.

Such were the circumstances under which the legislatures were opened in the two provinces, representing the two distinct races of the population. Humble as were the beginnings in the little parliament house of Newark, yet we can see from their proceedings that the men, then called to do the public business, were of practical habits and fully alive to the value of time in a new country, as they sat for only five weeks and passed the same number of bills that it took seven months at Quebec to pass.

The history of Canada, during the twenty years that elapsed between the inauguration of the constitution of 1792 and the war of 1812, does not require any extended space in this work. Lieutenant-Governor Simcoe, who had distinguished himself during the war for independence as a commander of the Queen's Rangers, was a skilful and able administrator, who did his best to develop the country. It was during his régime that Toronto, under the name of York, was chosen, by the influence of Lord Dorchester, as the capital in place of Newark, which was too close to the American frontier, although the Lieutenant-Governor would have preferred the site of the present city of London, on the River {310} Thames, then known as La Tranche. Mainly through his efforts a considerable immigration was attracted from the United States. Many of the new settlers were loyal and favourable to British institutions, but in the course of time there came into the country not a few discontented, restless persons, having radical and republican tendencies. Among the important measures of his administration was an act preventing the future introduction of slaves, and providing for the freedom of children of slaves then in the province. Governor Simcoe devoted his energy not only to the peopling of the province, but to the opening up of arteries of communication, of which Yonge and Dundas Streets--still well-known names--were the most noted. The founder of an important settlement in the west, an eccentric Irishman of noble ancestry, Colonel Thomas Talbot, was a member of the Lieutenant-Governor's staff, and eventually made his home in the western part of the province, where he became a useful and influential pioneer. Among the most desirable immigrants were the Scotch Highlanders, who settled and named the county of Glengarry, and came to the country by the advice of the energetic and able priest, Macdonell, afterwards the first Roman Catholic bishop of Upper Canada. In Nova Scotia a number of Scotch settled in Pictou county as early as 1773, and were followed in later years by many others who found homes in the same district, in Antigonishe and Cape Breton, where their descendants are still greatly in the majority. In Prince Edward Island, Lord Selkirk, the founder of the {311} Red River settlement, to whose history I shall refer in a later chapter, established a colony of thrifty Scotch in one of the deserted settlements of the French. Charlottetown was founded in those days on the bay first known as Port La Joye, and is now a pleasing example of the placid dignity and rural tranquillity that a capital may attain even in these restless modern times. In this island, the seeds of {312} discontent were planted at a very early time by the transfer of nearly all its lands in one day by ballot to a few English landlords, whose absenteeism long retarded its advancement, and whose claims of proprietorship were not settled until after the confederation of the provinces.

The political condition of the provinces from the beginning of the nineteenth century began to assume considerable importance according as the assemblies became discontented with their relatively small share in the government of the country. In all the provinces there was a persistent contest between the popular assemblies and prerogative, as represented by the governors, and upper houses appointed by the same authority. Charles the First, with all his arrogance, never treated his parliament with greater superciliousness than did Sir James Craig, when governor-general, on more than one occasion when the assembly had crossed his wishes. In the absence of a ministry responsible to the assembly, a conflict was always going on between that body and the representative of the Crown. The assembly began now to claim full control over the taxes and revenues which belonged to the people of the provinces. The presence of judges in the legislature was a just cause for public discontent for years, and although these high functionaries were eventually removed from the assembly they continued to sit in the upper house until 1840. The constant interference of the Imperial Government in matters of purely local concern also led to many unfortunate misunderstandings.

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In Lower Canada, where the population was the largest, and the racial distinctions strongly accentuated, the political conflict was, from the outset, more bitter than in other sections. The official class, a little oligarchy composed exclusively of persons brought from the British Isles, treated the French Canadians with a studied superciliousness, and arrogated to themselves all the important functions of government. This element dominated the executive and legislative councils, and practically the governors, who, generally speaking, had extreme views of their prerogative, and were cognisant of the fact that the colonial office in England had no desire to entrust the Canadian Government with much larger powers than those possessed by a municipal organisation. In the assembly the French Canadians were largely in the majority--the English element had frequently not more than one-fifth of the total representation of fifty members. The assembly too often exhibited a very domineering spirit, and attempted to punish all those who ventured to criticise, however moderately, their proceedings. The editor of the _Quebec Mercury_, an organ of the British minority, was arrested on this ground. _Le Canadien_ was established as an organ of the French Canadian majority with the motto, _Nos institutions, notre langue, et nos lois_. By its constant attacks on the government and the English governing class it did much harm by creating and perpetuating racial antagonisms and by eventually precipitating civil strife. As a result of its attacks on the government, the paper was seized, and the printer, as well as {314} M. Bedard and several other members of the assembly who were understood to be contributors to its pages, or to control its opinions, were summarily arrested by the orders of Sir James Craig. Though some of these persons obtained their release by an expression of regret for their conduct, M. Bedard would not yield, and was not released until the Governor-General himself gave up the fight and retired to England where he died soon afterwards, with the consciousness that his conduct with respect to Bedard, and other members of the assembly, had not met with the approval of the Imperial authorities, although he had placed the whole case before them by the able agency of Mr. Ryland, who had been secretary for years to successive governors-general, and represented the opinions of the ruling official class.

In Upper Canada there were no national or racial antipathies and rivalries to stimulate political differences. In the course of time, however, antagonisms grew up between the Tories, chiefly old U. E. Loyalists, the official class, and the restless, radical element, which had more recently come into the country, and now desired to exercise political influence. Lieutenant-governors, like Sir Francis Gore, sympathised with the official class, and often with reason, as the so-called radical leaders were not always deserving of the sympathy of reasonable men. One of these leaders was Joseph Willcocks, for some time sheriff of the Home district--one of the four judicial divisions of the province--and also the proprietor and editor of the _Upper Canada Guardian_, {315} the second paper printed in Upper Canada--the first having been the _Upper Canada Gazette_, or the _American Oracle_, which appeared at Newark on the 18th April, 1793. He was a dangerous agitator, not worthy of public confidence, but he was able to evoke some sympathy, and pose as a political martyr, on account of the ill-advised conduct of the majority of the assembly ordering his arrest for expressing some unfavourable opinion of their proceedings in his paper.

In the maritime provinces the conflict between the executive and the assemblies was less aggravated than in the St. Lawrence country, although Sir John Wentworth, the Lieutenant-Governor of Nova Scotia, who had been a governor of New Hampshire before the revolution, had a very exalted idea of the prerogative, and succeeded in having an acrimonious controversy with Mr. Cottnam Tonge, the leader of the popular party, and the predecessor of a far greater man, Joseph Howe, the father of responsible government.

Such, briefly, was the political condition of the several provinces of British North America when events occurred to stifle discontent and develop a broader patriotism on all sides. The War of 1812 was to prove the fidelity of the Canadian people to the British Crown and stimulate a new spirit of self-reliance among French as well as English Canadians, who were to win victories which are among the most brilliant episodes of Canadian history.

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XXIII.

THE WAR OF 1812-1815--PATRIOTISM OF THE CANADIANS.

At the outbreak of the unfortunate War of 1812 the United States embraced an immense territory extending from the St. Lawrence valley to Mexico, excepting Florida--which remained in the possession of Spain until 1819--and from the Atlantic indefinitely westward to the Spanish possessions on the Pacific coast, afterwards acquired by the United States. The total population of the Union was upwards of eight million souls, of whom a million and a half were negro slaves in the south. Large wastes of wild land lay between the Canadian settlements and the thickly populated sections of New England, New York, and Ohio. It was only with great difficulty and expense that men, munitions of war, and provisions could be brought to the frontier during the contest.

The principal causes of the war are quite intelligible to the historical student. Great Britain was engaged in a great conflict not only for her own national security but also for the integrity of {317} Europe, then dominated by the insatiable ambition of Bonaparte. It was on the sea that her strength mainly lay. To ensure her maritime supremacy, she found it necessary, in the course of events, to seize and condemn neutral American vessels whenever there was conclusive evidence that their cargoes were not the produce of the United States, but had been actually bought in an enemy's colony and were on their way to the mother country. But such an interruption of a commerce, which had been carried on for years at a great profit by American merchants, was by no means so serious an affair as the stoppage of American vessels on the high seas, and the forcible abduction and impressment, by British naval officers, of sailors who were claimed as British subjects, even when they had been naturalised in the United States. To such an extent did Great Britain assert her pretensions, that one of her frigates, the _Leopard_, actually fired into the American cruiser _Chesapeake_, off the coast of the bay of the same name, and made prisoners of several men who were claimed as deserters from an English man-of-war--a national outrage for which Great Britain subsequently made an apology and gave a measure of reparation. Then came the British orders in council which forbade American trade with any country from which the British flag was excluded, allowed direct trade from the United States to Sweden only in American products, and permitted American trade with other parts of Europe only on condition of touching at English ports and paying duties. Napoleon retaliated with decrees which {318} were practically futile while England was victorious on the ocean, but which nevertheless threw additional difficulties in the way of the commerce of a country like the United States, which possessed such exceptional facilities for its development from its position as a neutral nation, and its great maritime and mercantile enterprise. The British measures meant the ruin of an American commerce which had become very profitable, and the Washington government attempted to retaliate by declaring an embargo in their own ports, which had only the result of still further embarrassing American trade. In place of this injudicious measure a system of non-intercourse with both England and France was substituted as long as either should continue its restrictive measures against the United States. The Democratic governing party practically fell under the influence of France, and believed, or at least professed to believe, that Napoleon had abandoned his repressive system, when, as a matter of fact, as the English ministry declared, it still existed to all intents and purposes. The Democratic leaders, anxious to keep in power, fanned the flame against England, whose naval superiority enabled her to inflict an injury on American commercial interests, which France was entirely powerless to do. The Democrats looked to the South and West for their principal support in holding power. In these sections the interests were exclusively agricultural, while in New England, where the Federalists--the peace party--were in the majority--and the war was very unpopular--the commercial and maritime {319} element largely prevailed. In the West there had been for years an intense feeling against England on account of the fact that after the definitive treaty of peace in 1783, the English Government continued to occupy the Western posts and dependent territory for thirteen years, nominally on the ground of the harsh treatment meted out to the loyalists in violation of its terms, and of the non-payment of debts due to English creditors, but probably also with the view of keeping control of the fur trade. The feeling prevailed among the western frontiersmen that the English secretly instigated Indian attacks on the new settlements, a belief proved by recent investigations to be groundless. Even after the victories of Mayne in 1794, and of Harrison in 1811, when the Indian power was effectively broken, this bitter sentiment still existed in the West against English and Canadians, and had much influence with the politicians who favoured the war.

The Southern leaders, Clay of Kentucky and Calhoun of South Carolina, were most inimical to England, and succeeded in forcing Madison to agree to a declaration of war, as a condition to his re-election to the presidency. The consequence of this successful bargain was the passage of a war measure by Congress as soon as Madison issued his message, and the formal declaration of hostilities on the 18th of June, 1812. On the previous day, England had actually repealed the obnoxious orders in council, but it was too late to induce the war party in the United States to recede and stop the progress of the forces, which were already near the western {320} Canadian frontier when the governor-general of Canada, Sir George Prevost, a military man, heard the news of the actual declaration of hostilities.

With the causes of the War of 1812 the Canadian people had nothing whatever to do; it was quite sufficient for them to know that it was their duty to assist England with all their might and submit to any sacrifices which the fortunes of war might necessarily bring to a country which became the principal scene of conflict. Ontario, then Upper Canada, with a population of about eighty thousand souls, was the only province that really suffered from the war. From the beginning to the end its soil was the scene of the principal battles, and a great amount of valuable property destroyed by the invading forces. "On to Canada" had been the cry of the war party in the United States for years; and there was a general feeling that the upper province could be easily taken and held until the close of the struggle, when it could be used as a lever to bring England to satisfactory terms or else be united to the Federal Union. The result of the war showed, however, that the people of the United States had entirely mistaken the spirit of Canadians, and that the small population scattered over a large region--not more than four hundred thousand souls from Sydney to Sandwich--was animated by a stern determination to remain faithful to England.

No doubt the American Government had been led to believe from the utterances of Willcocks in the _Guardian_, as the representative of the discontented element in Upper Canada, that they would find not {321} only sympathy but probably some active co-operation in the western country as soon as the armies of the Republic appeared on Canadian soil and won, as they confidently expected, an easy victory over the small force which could be brought to check invasion and defend the province. General Hull's proclamation, when he crossed the Detroit River at the commencement of hostilities, was so much evidence of the belief that was entertained in the United States with regard to the fealty of the Canadians. Willcocks proved himself a disloyal man, for he eventually joined the American forces and fell fighting against the country which he and a very small disaffected class would willingly have handed to a foreign invader. The forces at the disposal of the Canadian authorities certainly appeared to be inadequate for the defence of a country with so long and exposed a frontier. In the provinces of Canada there were, in 1812, only four thousand five hundred regular troops, and of these hardly one-third were stationed above Montreal. The Canadian militia, however, rallied with extraordinary readiness to the call of the authorities. The majority of the loyal population that had come into the country had been engaged in military services, and even the old settlers, who were exempted from active duty, voluntarily came forward, and exercised, as General Sheaffe, said, "a happy influence on the youth of the militia ranks." The legislative bodies of all the provinces responded liberally to the call of the executive and placed at the disposal of the government all their resources. Army bills were issued to a {322} large amount, and found a most valuable currency throughout the war.

During the first year of the war, there was a continuous record of success for Canada. The key to the upper lakes, Michillimackinac, was captured and held by a small force of English regulars and Canadian voyageurs. The immediate consequence of this victory was to win the confidence and alliance of the western Indians, then led by Tecumseh, the famous Shawanoese chief, who had been driven from Tippecanoe by General Harrison. Then followed the capitulation of General Hull and his army, who had invaded Canada and were afterwards forced to retreat to Detroit, where they surrendered to General Brock with a much inferior force. By this capitulation, which led to the disgrace and nearly to the execution of Hull on his return to his own country, the whole territory of Michigan, over two thousand five hundred troops, and a large quantity of munitions of war and provisions fell into the possession of the British. The next important event of this memorable year was the defeat of the attempt of Van Rensselaer to occupy Queenston Heights, with the object of establishing there a base of future operations against Upper Canada. The Americans were routed with great loss and many of the men threw themselves down the precipice and were drowned in the deep and rapid river. At the beginning of the battle, General Brock was unhappily slain while leading his men up the heights, and the same fate befell his chivalrous aide-de-camp, Colonel McDonell, the attorney-general of the province. It {324} was left for General Sheaffe to complete the victory, which gave many prisoners to the English force, and drove the remainder of the beaten American army across the beautiful river. General Smyth, a most incompetent man, who succeeded to the command of the American army on the resignation of Van Rensselaer, subsequently attempted to storm and carry Fort Erie, but Colonel Bisshopp successfully held this important post, which controlled the outlet of Lake Erie into the Niagara River. When the campaign closed, in 1812, Canada was free from the invader, chiefly through the energy and sagacity with which the gallant General Brock had made his preparations to repel invasion.