Part 3

Lord Gosford had found his task more difficult than he expected. His predecessor, Sir James Kempt, had done his best and failed, through no fault of his own but because there was a determination in the majority of his subjects not to be satisfied. Lord Gosford tried the effect of a proclamation as an antidote for revolutions. But the habitants tore it to shreds, crying, “A bas le proclamation! Vive Papineau, vive la liberté, point de despotisme,” and made their enthusiasm sacred by holding their meetings at parish church doors. Papineau was omnipotent; one would imagine ubiquitous, for he seems everywhere. He made the tour of the northern bank of the St. Lawrence, while his supporters, Girouard and Lafontaine, took the southern, making the excited people still more discontented. In after years, as a refugee in Paris, Papineau disclaimed any practical treason at this time: “None of us had prepared, desired, or foreseen armed resistance.” Yet the pikes were further sharpened, and the firelocks looked to; and at St. Thomas (Que.) alone sixty men on horseback, carrying flags and maple boughs, preceded him, and following him were several pieces of artillery and the remainder of the two thousand people who formed his procession. Bishop Lartigue, a relative of Papineau, warned his people to beware of revolt, declaring himself impelled by no external influence, only actuated by motives of conscience. Addressing one hundred and forty priests, he used unmistakable terms as to how they were to resist rebellion in the people; no Roman Catholic was permitted to transgress the laws of the land, nor to set himself up against lawful authority. He even speaks of “the Government under which we have the happiness to live,” while his relative was contending that the yoke on the necks of the Canadians was made in a fashion then obsolete--the Stuart pattern. But he spoke too late; his people were beyond his control, and they in turn condemned clerical interference in politics, and the curé in charge at the combustible Two Mountains had his barns burned in answer to his exhortation. On the first Monday of every month these sons of Liberty, organized by Storrow Brown, met--“Son projet réuissoit à merveille, chaque jours le corps augmentoit en nombre et déjà de pareilles sociétés se formaient dans la campagne.”

The chronic state of eruption in unhappy Lower Canada had intervals of quiet only when some governor, with manners of oil and policy of peace, made an interregnum. All time was not like that of the little Reign of Terror, full of fear and arbitrary measures, after the suppression of _Le Canadien_ and the arrest of the judges; but the country felt itself to be a plaything of not much more weight than the cushion dandled by Melbourne or the feather blown about by that minister of deceptive manner. The famous Ninety-two Resolutions embodied the Canadian view of what was wrong, and the remedy for it. Papineau, their author, owed much in their construction to his colleague, M. Morin, a gentle, polite man of letters, with the suave manners of a divine, who neither looked nor acted the conspirator, despite his many fiery words--as fervid as those of the idol of the people, the eloquent leader in Canadian debate, who was nightly carried home to his hotel on the shoulders of the enthusiastic crowd.

“Since the origin and language of the French-Canadians have become a pretext for vituperation, for exclusions, for their meriting the stigma of political inferiority, for deprivation of our rights and ignoring public interests, the Chamber hereby enters its protest against such arrogant assumptions, and appeals against them to the justice of the King and Parliament of Great Britain, likewise to the honourable feeling of the whole British people. The numerical though not dominant majority of this colony are not themselves disposed to esteem lightly the consideration which they inherit from being allied in blood to a nation equal, at least, to Britain in civilization and excelling her in knowledge of the arts and sciences--a nation, too, now the worthy rival of Britain for its institutions.”

Certain it is, the policy of the British Clique, so called, was moulded more upon old than new country needs and ideas, and was suited to the times of George I. and Louis XIV. more than to the dawn of the Victorian era. But ’tis always darkest the hour before day, and the torch lighted by Papineau was unfortunately to make conflagration as well as illumination. It was the old, old story of theorists and political agitators exciting popular discontent and alarm more than the occasion warranted, by exaggerations retarding instead of speeding a cause, with another story of procrastination and cross-purposes from the Mother Country. Further, history was corroborated in that a demagogue ends as a tyrant. A super-loyal newspaper did not hesitate to say that the only way to calm Canada was to purge the Colonial Office from King Stephen _down_ to Glenelg, and to do so by one huge petition to Majesty signed by every Canadian from Quebec to Amherstburg. For Lord Glenelg, with the best intentions in the world, had a positive genius for doing the wrong thing.

But even such evidences of ignorance as did arrive by despatches and otherwise did not warrant, in the minds of many Liberals, the overthrow of a monarchy. They made allowance for good disposition in the abstract, and spoke of “want of knowledge and characteristic apathy.” The influence of these men cannot now be overestimated. They were then looked upon with suspicion by either side, for they recognized that gigantic obstacles and class exclusions were to be met; a recognition which lessened the credit of their heartfelt “Je suis loyal.” On the other hand, a good many French Canadians were made to join the rebel side by intimidation.

If the assurance of “Je suis loyal” did not come quickly enough some inoffensive Frenchman would find himself popped into the guardhouse, and the results of jealousy and over-zeal have left us many absurd stories. A county M.P., at the Château one sultry evening, seeing the rest all busy at ice-cream, asked for some. The Canadian Solon took a huge spoonful, his first taste of such a delicacy. With a feeling of rage at what he thought an insult, or at least neglect, he cried out what is translated into, “You abominable rascal, had this been for an Englishman you would have taken the chill off.”

No more condemnatory record exists of the British Clique than that left of it in its earliest days by Governor Murray, a man not likely, to judge by the personal anecdotes we have of his reign, to be accused of French proclivities. For a time everything was given a French turn, and “Don’t _moushify me_,” in the words of an eminent literary man, showed the essence of British feeling of the day.

Although Murray said the ignorance of the French-Canadian and his devotion to his priest ran together, and that the veneration was in proportion to the ignorance, he has to say also that, with the exception of nineteen Protestant families and a few half-pay officers, most of the British population were traders, followers of the army, men of mean education. All had their fortunes to make: “I fear few are solicitous about the means when the end can be obtained.... The most immoral collection of men I ever knew, of course little calculated to make the new subjects enamoured with our laws, religion and customs, and far less adapted to enforce these laws which are to govern.”

Canadians were then a frugal, industrious, moral set of men, noblesse and peasantry alike, knit to each other by ties made in the time of common danger; the former as much contemned by Murray’s compatriots for their superior birth and behaviour as the latter were by him for their ignorance. In his despatch to the king’s advisers he is particularly hard on the judge and attorney-general, neither of whom knew the French language,--nor, indeed, did any of the men to whom offices of greatest trust were bestowed by the sub-letting of posts whose property they became through favour. In a word, a more worthless set of officials could not be gathered together than that which carried out the beginning of British rule in Lower Canada. Haphazard circumstance placed them where they were, and they scrupled not to make themselves paramount.

This oligarchy, made up “of the driftwood of the army and manned by buccaneers of the law, knew how to seize occasion and circumstance;” and the governors, “fascinated by these official anacondas, fell into their folds and became their prey, were their puppets and servants, and made ministers of them instead of ministering to them.”

Papineau contended that when all the people in any country unanimously repudiate a bad law it is thereby abrogated. To which sentiment Mr. Stuart responded, “This is rebellion.” Unfortunately, with many high in office, some governors included, any measure of opposition meant rebellion, and, like Mr. Stuart, they did not hesitate to say so.

Papineau, and those whom he represented, looked upon the British Government as a mélange of old usages, old charters, old fictions, and prejudices old and new, new and old corruptions, the right of the privileged few to govern the mass. The boasted “image and transcript” in Canada was called by them a veritable Jack-’o-lantern, a chameleon that assumed colour as required.

In Papineau’s interview with Lord Bathurst some years before rebellion, that nobleman, after allowing that difficulties existed, blaming remoteness from England and nearness to the United States as aggravating circumstances, asked for only twenty-five years of patriotic resignation to what he considered a hard but, under the circumstances, natural state of things. But Papineau’s Utopia differed from Lord Bathurst’s; and he told him so.

It was now that it came to be acknowledged there was something more powerful than Parliament, governor, or priest. That was opinion after it had spoken in print. On being asked how much treason a man might write and not be in danger of criminal prosecution, Horne Tooke replied: “I don’t know, but I am trying to find out.” Where anything belonging to Majesty, even so remotely as an article in the military stores, was irreverently treated, the article in question became of importance through the importance of its royal owner, and treason could lurk in a misused garment.

“For grosser wickedness and sin, As robbery, murder, drinking gin,”

the penalties were then heavy indeed; but the nature of treason, according to the Common Law of England, is vague, and judges were sometimes put to rare shifts to find it. Evidently it did not always dwell in the heart alone, but on occasion could be found by a diligent judge considerably below that organ. A tailor, tried for the murder of a soldier, had the following peroration tacked on to his death sentence by a judge who was loyal enough to have been a Canadian:

“And not only did you murder him, but you did thrust, or push, or pierce, or project, or propel the lethal weapon through the belly-band of his breeches, which were His Majesty’s!”

“To slay a judge under specified circumstances” was also a count in treason, and this knight of the bodkin doubtless longed to thrust his tool into his wordy antagonist. But as a phrenologist has told us, the judge could best illustrate his bump of veneration by the feeling with which Tories of the old school regarded their sovereign. In Canada a man had not to show sedition in order to be suspended; for there was a law to banish him if he were “about to endeavour to alienate the minds of His Majesty’s subjects ... from his person or Government.” She foreshadowed the methods of the Mikado; when it was desired to punish a man “a crime was invented to suit his case”--an inversion of the punishment fitting the crime. Sir James Mackintosh succeeded in passing two bills lessening the list of crimes punished by hanging; but Lord Eldon demurred at the noose being done away with in case of five shillings worth of shoplifting, as the small tradesmen would be ruined. Then, why not quartering and other horrors for treason?

They certainly left no stone unturned in Canada to find out details in matters of treason or libel. The _John Bull_ and other English papers handled some cases without gloves; but it was reserved for Canada to show what could be done with printers’ ink. The type fairly flew into place under the willing fingers of compositors who were also politicians. Minerva in the printing office is oftentimes undignified. She seems to have been particularly so in the case of _Le Canadien_, a paper founded in 1806. Its wood-cut frontispiece had the arms and emblems of Canada, with two beavers hard at work biting the slender tie which attached the scroll to the insignia of Great Britain, and, of course, a suitable motto. Two reporters of that stormy time added to the excitement of the Assembly by throwing assafœtida on the stoves. The odour was insupportable, and the too enthusiastic scribes were taken in charge by the sergeant-at-arms. Like many others whose freedom that functionary sought to curtail, they could not be found when wanted. When the type, paper and presses of _Le Canadien_ office, under a warrant from Judge Sewell, were seized in 1810, the magistrate, attended by a file of soldiers, removed all to the vaults of the Courthouse. This act, with the long imprisonment without trial which followed, was considered one of the most arbitrary committed since Hanoverian rule began. The printers were arrested, as were also the leading members of the Assembly, Messrs. Pierre Bedard, Tachereau and Blanchet. When some of these members had been admitted to the bar, M. Perrault, one of those discreet men who were the saving of their country, patriotic but prudent, made the caustic remark: “So many men forced to steal in order to make a living! I shall certainly yet see some of you hanged.” It was quite easy to hang a man in days when the death penalty covered an incredible number of offences, when a boy could receive that sentence for killing a cow or a child for stealing sweets from a pastry cook’s window. So M. Perrault had a margin for his prediction. This half-jocular condemnation of the legal profession was prevalent to a degree which made many believe that in a corner of the Protestant hell, which was separate from and hotter than the Roman Catholic one, was a place reserved for lawyers. “There they will have a little hell of their own, and even well lighted for them to see each other the better; and there, after having deceived their poor clients on earth, they will tear each other to pieces without the devil having the bother of helping them.”

In ’37, when three of the members had become judges, Perrault made his pun by saying, “I have often predicted that I should see some of you hanged (_pendu_); there are now three of you suspended (_suspendu_), which is nearly the same thing.” Those who were partners in guilt in the writings of this “seditious paper” were sent to gaol, and we learn that the article which gave chief offence was one entitled “Take hold of your nose by the tip.” Maladministration was evidently malodorous. Such proceedings naturally caused excitement, and the fears of those in power made them redouble the city guards and patrols.

But if _Le Canadien_ had been conducted with animosity, it was also marked by much ability. Nor had it a monopoly of the former. The Anglo-Canadian papers, too, knew how to be bitter and violent. The press of those times indulged in wonderful prophecies. But the future is in the lap of the gods, so said the more knowing ancients; and if any of those ’37 prophecies had the flavour of truth it is to be found in those of the contemned Reformers.

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Early in the century Judge Sewell had got into trouble. He was accused of usurping parliamentary authority, by undue influence persuading the Governor (Craig) to dissolve the House and also to address the members in an insulting manner; and later there were the Bedards’ affairs. Judge Monk was also accused. Judge Sewell went to London to defend himself, which he did to such good purpose, backed by the influence of Prince Edward, that he gained the ear and confidence of Lord Bathurst. His explanations were accepted, and fresh favours were in store for him from the incoming Governor Sherbrooke.

Although “each new muddler” blamed his predecessor for his own misgovernment, the tasks falling to the Governors were not easy. Under Kempt came up the question of giving legal status to Jews and Methodists, the question regarding the former going back some twenty years, when, under the administration of “little king Craig,” there was endless trouble over Mr. Ezekiel Hart’s presence in the House. Expelled and returned alternately, Hart was doubly obnoxious as a Jew and an Englishman. Methodism had an equally hard time since the First Gentleman in Europe had said that that faith was not the faith of a gentleman. The characteristics of the personnel of the House of Assembly in the years of the century prior to the Rebellion could doubtless fill volumes of humours. Most of the members from the Lower St. Lawrence arrived in schooners, sometimes remaining in them as boarders; or they put up at some Lower Town hostelry, content with their cowpacks and scorning Day & Martin. The members from down the Gulf were sure to be of the right political stripe, from a clerical point of view, or their constituents stood a chance of being “locked out of heaven.” One head of a house who dared to be a Liberal in those illiberal times, an educated man, and likely to have possessed weight in character as well as by his appointments in his native village, so locked himself out. His child of seven came home from school in tears one day, and after much coaxing to disburden his woe confided to his mother that in seven years his father, a parent much-beloved, would be a loup-garou. The end of this persecution was a removal over the border.

But there were not many who had the courage of their convictions in the face of the Church’s No--they were all too good Catholics then. Stories of their religious life provide material for a picture whose beauty cannot be surpassed. A niche was hollowed in a wall of most Canadian homes to hold a figure of the “Blessed Lord,” or His equally dear Mother; and it is recorded of one of the first of Canadian gentlemen of his time that he never passed a wayside cross without baring his head, saying once in explanation, “One should always bare the head before the sign of our redemption and perform an act of penitence.” The humbler sort began no dangerous work, such as roofing, without a prayer. With heads uncovered, the workers knelt down, while some one of the oldest of the company recited the prayer to which all made response and Amen. Nor was thanksgiving omitted when the harvest firstfruits were sold at the door of the parish church. Close by the housewife’s bedhead hung her chaplet, black temperance cross and bottle of holy water; from the last the floor was sprinkled before every thunderstorm. And nothing was done by natural agency. Even the old, worn-out curé, who met death by the bursting of the powder-magazine on board the ship in which he was returning to France, was “blown into heaven.”

But once the primitive ones left their village they were much at sea, and we have a member for Berthier, whom we shall credit as being both pious and Tory, arriving in Quebec with his wife one winter’s evening in his traineau. They drew up at the parliamentary buildings and surveyed the four-and-twenty windows above them, wondering which one would fall to their lot for the season. They descended, boxes and bundles after them, rapped at the door and presented their compliments to the grinning messenger. “He was the member for Berthier, and this was Madame his wife;” they had brought their winter’s provisions with them, and all in life needed to allow him to pursue his work of serving his country as a statesman was a cooking stove, which he looked to a paternal government to supply. When told that not one of the four-and-twenty windows belonged to him, and that family accommodation did not enter into the estimates, the member from Berthier stowed his wife and bundles back in the traineau, gave his steed a smart cut, and indignantly and forever turned his back upon the Legislative walls of his province.

What did he not miss? Within them Papineau was making rounded periods, holding men entranced by his eloquence; Andrew Stuart was defending British rights; yet another Stuart thundered against the tyranny of the oligarchy, the privileged few; and Nielson and other discreet Liberals sought to steer a middle course of justice without rebellion. No wonder that from this concert discords met the ears of the audiences without.

Peculiarities and eccentricities were not confined to the rural populace and members of Parliament. “Go on board, my men, go on board without fear,” was a magistrate’s dismissal to two evil-faced tars who had deserted their ship at sailing time because they thought her unseaworthy; “I tell you you are born to be hanged, so therefore you cannot be drowned.”

“If anyone has a cause,” said one dignified prothonotary, “let him appear, for the Court is about to close.” “But,” said the judge above him, “the law states we must sit to-morrow.” Turning to the public the prothonotary made further announcement: “The judge says he will sit to-morrow, but the prothonotary will not be here.” And in his Louis XIV. costume, cut-away coat with stiff and embroidered collar, knee-breeches of black cloth, black silk stockings, frills on shirt-bosom and cuffs, the silver-buckled shoes of the prothonotary bore their somewhat stubborn wearer away.

* * * * *

At the beginning of the century it was only occasionally that foreign news reached Canada. With time postal matters improved; but news was still only occasional. At the advent of a vessel at Father Point the primitive telegraph of the yard and balls was used, and at night fires were lighted to carry the tidings from cape to cape. The means of intercommunication depended upon the size of the post-bag, the fidelity of the carrier, and on the state of the storm-strewn paths or trackless wastes which had to be crossed. The bag for Gaspé and Baie des Chaleurs was made up once in a winter and sent to Quebec, dark leather with heavy clasps and strapped on an Indian’s back. The man travelled on snowshoes, and when tired would transfer his load to the sled drawn by his faithful Indian dog. There were others whose mode of transit was much the same, but whose beats were shorter and trips more frequent. “Do not forget,” would say a certain old Seigneur, “to have Seguin’s supper prepared for him.” Seguin was postman for that large country-side, and generally arrived during the night at the manor house. The doors, under early Canadian habit, were unlatched; Seguin would quietly enter, sit down, take his supper, and produce from his pockets the letters and papers which made the Seigneur’s mail, leave them on the table, then as quietly let himself out into the night again, to pursue his journey to the next point. Such latitude in trust was possible in a country where law in its beginning was a matter of personal administration aided by keep, and four-post gibbet whose iron collar might bear the family arms.