Part 11

The Legislative Council returned an answer, which, in all respects, was extremely moderate. They generally concurred in the sentiments of the speech, deprecated the idea that difference of origin should affect political rights, which ought to be equal to all his Majesty’s subjects. But the House of Assembly, while holding conciliatory language, advanced much more lofty pretensions. The change in the Legislative Council was repeatedly pressed, as absolutely essential to the tranquillity and contentment of the province. The entire control of the public revenue was referred to, not as a boon, but an incontestable and essential right; and, while they stated their readiness to consider attentively any measure tending to facilitate the exercise of this right, they avoided all mention of conditions to be performed in return. Notwithstanding the high ground thus taken, the intercourse between the popular leaders and the governor was extremely friendly. He admitted them to his table and his intimacy, and treated them on every occasion with much kindness. They were understood to represent the great body of the people, whom he had expressed his desire to conciliate; and he professed liberal views to those who would understand that term in its widest sense. So decided was the impression produced, that the opposite party loaded him with the bitterest invectives, and even threw out menaces of insurrection; while the leaders of the Assembly went so far as to intimate, that they would relieve the immediate financial embarrassments by granting the three years arrears, and a half year in advance. They attached to the grant somewhat hard conditions, which, however, were not rejected; and, on the remark being made, that these would ensure its rejection by the Legislative Council, an intimation is said to have been given, that it would be accepted directly by address, without being liable to the veto of that body.

This good understanding was suddenly interrupted. The governor’s language above cited, in regard to the Elective Council, had been very different from that of his instructions; not pledging him, indeed, to the measure, yet such as, combined with his other conduct, conveyed to both parties the idea that it was determined upon. This course is defended as the only one by which the supplies, so urgently wanted, could be obtained; and it was hoped, that, by a continued conciliatory course, the Assembly might, when the real intention of the cabinet could no longer be concealed, be induced to waive their demand. Any degree of duplicity in a government, however, must, when discovered, lower its dignity, irritate the deceived parties, and, at the same time, give them an impression of their strength, which had driven those in authority to such an expedient. Unhappily, all these effects followed before any of the expected fruits had been reaped. Sir Francis Bond Head had, at the same time, been sent out to Upper Canada; and, being a very straightforward person, and seemingly unapprized of Lord Gosford’s intentions, had made public a part of his instructions, including that momentous passage already quoted, relative to the Legislative Council. It was such as, though not wholly precluding discussion on the object, left to the popular leaders scarcely a hope of its attainment. Their rage knew no bounds; they complained, not only of disappointment in their favourite object, but of a deception by which they had been nearly misled. It was now determined not to grant the three years’ arrears, but merely a supply for the current half year, allowing only that short period to comply with their demands. This slender boon, too, was clogged with conditions, which, as had been foreseen, induced the upper house to reject it; so that the session, in all respects very stormy, passed over without any provision whatever being made for the public service. The Legislative Council felt naturally indignant at the violent attempts meditated for its overthrow; and instead of studying to show these to be unmerited, the members vented their resentment by rejecting almost every bill sent up from the Assembly. Among these was the vote, continuing the funds for national education, which were thus entirely withdrawn. All the political elements were disturbed, and in violent collision with each other.

The commissioners, in March 1836, viewing this state of things, and seeing no prospect of obtaining money to carry on the government, without immediately yielding to every demand of the lower house, considered it indispensable to obtain it without their consent. This, they thought, would be best accomplished by parliament repealing the act passed on the motion of Lord Goderich, by which funds to the amount of £38,000 had been made over to the Assembly. This would, indeed, excite bitter resentment; but, with the other reserved revenues, it would, at least, enable the government to proceed without any grants from that body. Lord Glenelg was not forward to act on this recommendation. He wrote to the Earl of Gosford, expressing a hope, on grounds which do not very distinctly appear, that the violent resolution complained of had been induced by the partial and imperfect knowledge of the instructions, and that a communication of the whole might lead to more favourable views. He expressed a wish, therefore, that the provincial parliament should be again called, and an opportunity afforded for retracting before recourse was had to extreme measures. The meeting was accordingly held on the 22d of September, 1838; but the majority soon presented an address to the governor, denying that, according to the apprehension expressed in his speech, they laboured under any kind of misconception; they saw nothing to make them change their views, or prevent them from insisting on the same demands, particularly that of the Elective Council. They adverted in an indignant manner to certain pretended authorities, as they termed the commission, and maintained that they themselves were the legitimate and authorized organ of all classes of inhabitants; that they had used their power in such a manner as ought to have secured confidence; and to them, not to a few strangers, ought to have been committed the fate of the country. They declared it their imperative duty to adhere to the contents of their last address—“and to them do we adhere.” They finally expressed a resolution not only to do nothing more in regard to supply, but to adjourn their deliberations altogether, unless government should commence the great work of justice and reform, particularly in regard to the second branch of the legislature.

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.

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 of _pacificator_ justices, 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.

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.