CHAPTER XVI.

Previous

THE TRIUMPHS OF A TRIED REFORMER.

Top

letterw

While the public excitement continued unabated, the Lieutenant-Governor resolved upon a step which was little calculated to allay it. This step was the dissolution of the existing Parliament. He and his advisers, sworn and unsworn, believed that the time was opportune for a general election. If the numerical majority of the Opposition in the Assembly were reversed, the Government could afford to laugh at what they called "low-bred democracy." Such a reversal, it was thought, might now be effected. The disloyalty cry might safely be trusted to do its work, not only by clearing the Assembly of the chief members of the Opposition, but by giving the Government party an easy working majority. In order, however, that his Excellency might seem to be following public opinion in this matter instead of guiding it, the official party caused petitions to be sent in from various quarters, praying that a dissolution and a general election might take place. This not only served the intended purpose of misleading the public as to the designs of the Executive, but also afforded Sir Francis an opportunity of pouring out oceans of words in the form of replies. The concluding sentence of his reply to an address from certain electors of the Home District is eminently characteristic of the man. Portions of the already-mentioned letter from Papineau to Bidwell had seemed to point to a possible invasion of the Province by inhabitants of the United States. This idea was eagerly seized upon by Sir Francis, as indicative of concerted action between the hypothetical invaders and the Upper Canadian Radicals. "In the name of every regiment of militia in Upper Canada," said he—"Let them come if they dare!"[236] Nothing but actual perusal of his despatches will afford any accurate idea of his blatant self-confidence at this time. It is quite evident that he regarded the above-quoted reply as a master-stroke of vigorous diplomacy. He drew special attention to it in a communication to Lord Glenelg, in the course of which he made use of language which must have almost stunned the conventional and decorous Colonial Secretary. "I am aware," he wrote, "that the answer may be cavilled at in Downing Street, for I know it is not exactly according to Hoyle. Mais, man seigneur, croyez-vous done qu'on fasse des revolutions avec de l'eau de rose?"[237] The tone of his despatches is from first to last extraordinary. It would seem as if they ought to have told their own miserable tale of superficiality and unfitness to the Colonial Secretary. In announcing the probability of an early dissolution of the Provincial Parliament, Sir Francis requests his Lordship to send him no orders on the subject, but to allow him to work the matter in his own way.[238] The Opposition are constantly referred to in such phrases as "the republicans in the House of Assembly," and "the revolutionists of Upper Canada."[239] His Lordship is warned that if the demands of the Opposition be complied with in the matter of Executive responsibility, "democracy, in the worst possible form, will prevail in our colonies."[240] "In South America," he remarks, "truth and justice carried me through difficulties even greater than those I have now to contend with, and I have the firmest reliance they will again be triumphant."[241] In another despatch[242] his Lordship is notified that Robert Baldwin, who is referred to as an agent of "the revolutionary party," is about to start for London. "It is stated," writes Sir Francis, "that he goes there for the recovery of his health, but it is acknowledged by his party that he will be prepared to answer any questions which the Government may feel disposed to put to him." This intimation is followed by the expression of a confidence that his Lordship will discountenance "the system of sending agents from the British North American colonies, and their being received by the Government." A hope is expressed that should Mr. Baldwin directly or indirectly communicate with the Colonial Office during his stay in England, he may be effectually sat upon, and that he may receive "that style of answer," a copy of which may be transmitted to Sir Francis, and published in the Canadian papers, as a means of deterring further "left-handed attacks upon the constitution." It may be added that the expression of confidence above referred to was justified by the result, as Mr. Baldwin, during his stay in England, was not admitted to an interview with Lord Glenelg, though a written statement of his views was received by his Lordship, and submitted to the Cabinet.

The Reformers, moderate and radical, were brought closer together by the agitated state of the public mind, and by the efforts of the official party to destroy their influence. Several weeks before the dissolution actually took place it became known that such a step was imminent, and quiet preparations were made for the general election which was to follow. The formation of the Canadian Alliance Society by the Radicals, towards the close of 1834, has already been referred to.[243] Neither the platform of this society nor the mode of conducting it was such as to commend it to Reformers generally, and it was now deemed advisable to organize a new association on a broader basis, with a special eye to coÖperation with Reformers who resided in the rural districts. This was accordingly done under the auspices of some of the leading Reformers of Toronto. In contradistinction to the British Constitutional Society mentioned towards the close of the last chapter, the new association was called the Constitutional Reform Society. Dr. Baldwin accepted the Presidency, and Francis Hincks, who was then engaged in commercial life in Toronto, was appointed Secretary. Steps were taken to counteract the misrepresentations of the official party, and generally for the efficient maintenance of the impending election campaign. The Reformers seem to have greatly underestimated the efforts of their opponents. As the event proved, they were also hopelessly astray in gauging the public opinion of the Province, for they looked forward to the approaching contest with the utmost confidence in the result. The new society, it was thought, would accomplish wonders in the way of thorough organization, and it was confidently believed that the existing Reform majority in the Assembly would be fully maintained, if not increased. The efforts of the official party to spread a belief prejudicial to the patriotism of the Reformers were laughed to scorn. So also was the attempt of the Lieutenant-Governor to imbue the inhabitants with a belief in the probability of a foreign invasion. Upon the promulgation of the challenge to the imaginary invader, a number of the Toronto Reformers, with Mr. Hincks at their head, amused themselves by perpetrating a practical joke. Having taken counsel together, they formed themselves into a deputation, and called upon his Excellency in a state of well-assumed perturbation. In a formal address they expressed much solicitude on the subject of the contemplated invasion. They professed to re-echo his unbounded confidence in the Provincial militia, but begged to be informed of the quarter whence the attack was anticipated. "We do not doubt," said they, in their Address, "the readiness with which would be answered upon any emergency your appeal to the militia, which appeal we are satisfied would not have been made without adequate cause. In a matter so seriously affecting the peace and tranquillity of the country, and the security of its commerce, we beg to learn from your Excellency from what quarter the invasion is alleged to be threatened." To this not unreasonable demand the Lieutenant-Governor was unable to make any definite reply. The absurdity of his challenge was for the first time fully brought home to him. According to the testimony of eye-witnesses, he "did not sit, but stood with that personal oscillation which you witness in a man so situated as not well to know what to say or what to do."[244] When at last his reply came, it proved to be the briefest and most sensible of all his replies. "Gentlemen," said he, "I have no further observations to make to you on this subject." The deputation, struggling with suppressed laughter, withdrew.

The Provincial Parliament was dissolved on the 28th of May, and as it was thought desirable to strike while the iron was hot, the elections were hurried on with unseemly haste. They began on the 20th of June, and all the returns were in during the first week in July. The issue was an exciting, but not a doubtful one, for the official party entered upon the contest with loaded dice and a determination to win. Numerous attempts have been made to explain and excuse their conduct during this eventful epoch; but it is impossible to blink the fact that the result was a foregone conclusion from the very moment of the issue of the writs. The whole weight of the Government was put forward to ensure the return of Tory candidates, and this was done in the most direct and shameless manner. The Lieutenant-Governor openly made himself a party to the contest. His replies to the various addresses which he had himself promoted were one and all set to the same tune.[245] The issue was presented in such a light that no inconsiderable part of the population were led to believe that the maintenance of British connection depended upon the result of the contest. Owing to the representations of Government emissaries, backed by the Tory press, and reinforced by the inflammatory speeches and addresses of the Lieutenant-Governor, it was widely believed that should the Reformers succeed there would be a speedy uprooting of cherished institutions, followed by separation from the mother country and ultimate annexation to the United States. The indiscreet language of Mackenzie and some other Radicals had been such as to lend colour to misrepresentations of this nature, and the spirit thereby aroused was decisive of the result. Not only professed Tories, but most of the moderate-minded of the population, rallied to the side of the Lieutenant-Governor, to uphold British connection, and to oppose the encroachment of republican and revolutionary ideas. Loyalty was rampant, and patriotic fervour was aroused to a height which it had not reached in Upper Canada since the War of 1812. "Down with democracy!" "Down with republicanism!" "Hurrah for Sir Francis Head and British connection!" Such were the legends inscribed on the dead-walls in the principal towns of the Province.[246] Tory votes were manufactured by wholesale, and Tory funds were squandered with reckless profusion. For the first time in the history of Upper Canada, Government agents were sent down to the polling-places armed with patents for land, to be distributed among the electors. It is open to doubt whether some of these were not conferred upon persons who had no title to them.[247] Reform votes were rejected by partisan returning-officers upon the most frivolous pretexts. Gangs of ruffians were stationed at the polls to intimidate those who ventured near to record their votes in favour of anti-Government candidates. In at least one instance, the Lieutenant-Governor presented himself in person at the polling-place while the contest was at its height, and remained there for some time on horseback, in close proximity to the spot where votes were recorded.[248] As for the Reformers, they were soon aroused from their dreams of confidence. But their rude awakening, early as it was, came all too late. They perceived that the seed had been well sown, and that the crop would have to be reaped. They found themselves looked upon with suspicion and dislike among their neighbours and others from whom they had been accustomed to receive confidence and respect. They needed all the courage of their opinions to support them against the obloquy which official slander had aroused. The courageous among them faced the polls in the spirit of a forlorn hope. The more timid quietly remained at home and refrained from voting, rather than subject themselves to certain insult and probable physical violence.

It may perhaps be urged, in reply to some of the foregoing allegations, that a Committee of the Assembly subsequently inquired into the various matters complained of, and that their report acquitted the Governor of all culpability. But anyone who is familiar with the proceedings of election committees in those days, and even in times much more recent, will not need to be informed how much—or how little—weight should be attached to a verdict from such a source. In the case under consideration, the proceedings were conducted with exceptional disregard to propriety, and the verdict of acquittal cannot be considered as of any value whatever. Only one member of the Committee heard the whole of the evidence upon which the report was based. Three of the members declared that the report was adopted without their knowledge or consent. Of the other five members who prepared the document, one attended only two meetings out of fourteen; while another attended four, and another five. A fourth member attended twelve meetings, and one only of the five attended all the fourteen. The inquiry was from first to last conducted in a spirit of partisanship, and the report, in the language of Dr. Rolph, was "the offspring of untempered zeal, insufficient evidence, hasty conclusions, and executive devotion."[249] As a general rule, it is a difficult matter to convict a Government of actual, direct interference with the freedom of election. But in the case of the general election of 1836, there is unfortunately no room for doubt. That patents were issued in great numbers by the Commissioner of Crown Lands, and despatched by the hands of trusted agents of the Government to the polling-places, to be used by the voters, is as well established as is the fact of the election itself. Nay, the fact is admitted by Sir Francis Head in the supplemental chapter to his "Narrative," as well as by the Committee appointed by the Assembly to investigate the matter, and the attempts to explain it away are of the weakest kind. The number of patents issued was so great as to require a special staff of extra clerks to get them ready by the time they were wanted. In some cases the patents covered only a quarter of an acre of wild, uncultivated land, upon which no buildings had been erected. Many of them were issued between the date of the dissolution of Parliament and the close of the election a month later,[250] and in some instances they were issued after the actual opening of the poll. They were distributed openly at the places where the elections were held, to persons who had not applied for them, and who, at least in some instances, received them without paying the usual fees, merely that they might thereby be enabled to vote. Whether the issue of the patents affected the result of the election in any single instance is altogether beside the question. It would be absurd to pretend, in the face of such tactics as these, that there was any real freedom of choice offered to the people in the matter of Parliamentary representation. Freedom of election was paralyzed. Reform voters were literally overwhelmed, and their franchise rendered of no avail. All this was done with the cognizance and assent of the Lieutenant-Governor, who thereby wilfully violated the instructions which he had received from the Home Office.[251]

The result of an election contest conducted on these lines was such as to fully realize the expectations of Sir Francis and his advisers. Not only were all the old Tory members returned—and this, in several cases, without any opposition—but a number of new adherents of that side found seats. Hagerman was returned for Kingston by acclamation, McLean was returned for Stormont, George S. Jarvis for the Town of Cornwall, Jonas Jones and Ogle B. Gowan for Leeds, A. N. MacNab for Wentworth, W. B. Robinson for Simcoe, Mahlon Burwell for the Town of London, Henry Sherwood for Brockville, and William Henry Draper for Toronto. The last-named gentleman, known to later times as Chief Justice Draper, now entered public life for the first time. He was a very decided acquisition to the ranks of Upper Canadian Toryism, and was destined to exert a wide and far-reaching influence upon successive representatives of the Crown in this colony. But the triumphs of the official party were not confined to mere numerical successes. They wrested some important constituencies from the hands of their opponents. The Reformers were not only left in an insignificant minority, but nearly all their ablest members were defeated in what had long been regarded as safe Reform constituencies. Bidwell and Perry suffered defeat in Lennox and Addington; Lount underwent a similar fate in Simcoe; and Mackenzie was signally worsted in the Second Riding of York by a man of no political standing. Gibson, Morrison and Mackintosh gained their respective elections in the other three Ridings of York, but none of them possessed much Parliamentary ability, or was to be depended upon in any great emergency. The one significant gain to the Reform party arose out of the election of Dr. Rolph. The Doctor, after having allowed himself to be talked into accepting a seat in the Executive Council whose resignation had been the beginning of the contest between the Reformers and the Lieutenant-Governor, had not felt himself at liberty to reject the overtures of his friends. He had been put in nomination for the County of Norfolk, and his candidature had been successful. He was a host in himself, and his return was the one streak of bright light which appeared in the Reform horizon at the close of the campaign.

Perhaps the most unsatisfactory feature about the whole unsatisfactory business, from the Reform point of view, was that the ignominous discomfiture of the Reformers had been brought about by defections from their own ranks. Moderate-minded Reformers had come to think, with the Conservatives, that even Family Compact domination was preferable to the ascendency of such men as Mackenzie. The publication of the baneful domination letter, followed, as it had been, by Tory misrepresentation, had led thousands of persons to believe that the Radicals secretly favoured the separation of the colony from Great Britain. The Wesleyan Methodists, a numerous body, were doubly impelled to oppose Mackenzie and all who favoured his cause. The quarrel between Mackenzie and the Rev. Egerton Ryerson has already been referred to.[252] Mr. Ryerson was in those days one of the most prominent figures in Upper Canadian Methodism, and in conjunction with his brothers, exerted a predominant influence among the members of that body. At the time of the general election of 1836 he was absent from the Province on a mission to England, whither he had gone to obtain a charter for the Upper Canada Academy, and to solicit subscriptions for the establishment and maintenance of that institution, which subsequently developed into the University of Victoria College. But the reverend gentleman's arm was far-reaching, and stretched across the broad expanse of the Atlantic. In common with a large and respectable portion of the Upper Canadian population, he cherished a feeling of personal contempt for Mackenzie, whose character he thoroughly despised, and whose projects he regarded as prejudicial to the welfare of the colony. The publication of the baneful domination letter had convinced him that rebellion and separation were among the cherished schemes of the Radicals. To all such schemes he was prepared to oppose his firmest resistance, for his loyalty was of the perfervid order, and his dislike of Mackenzie probably imparted additional zeal to his opposition. As has been seen, Mackenzie, with the aid of Hume, Roebuck and other British statesmen, had succeeded in creating in the minds of the English public considerable sympathy for Canadian Reform. To counteract this influence Mr. Ryerson, under the signature of "A Canadian," contributed a series of letters to the London Times. They were vigorously written, and attracted much attention, not only in England but in Canada, where they were republished in the columns of the Tory newspapers, and where they were circulated in pamphlet form as a campaign document. Mr. Ryerson also wrote to leading members of the Methodist body in Canada, urging them to cast all their influence for Government candidates, and against the revolutionary policy of the Radicals. His appeals served their purpose, and the great bulk of the Wesleyan Methodists of Upper Canada, who had theretofore supported Reform members, went over to the side of the Government. In many constituencies—notably so in Lennox and Addington—they held the balance of power, and their secession from the Reform cause decided the fortunes of the candidates.[253] A few remained unaffected by Mr. Ryerson's lucubrations, and some even went so far as to denounce his conduct and reply to his arguments, but these were too few in number to affect the general result. Some of the successful candidates were compelled to pledge themselves in advance to the Methodists and other Nonconformists to take immediate steps for the settlement of the Clergy Reserves question, but the pledges were neglected or forgotten during the turbulent epoch which ensued.It will thus be seen that, as is clearly pointed out in the Report of Lord Durham,[254] the contest which had been commenced on the question of a responsible Executive Council had afterwards been adroitly turned by the official party, and had been decided on very different grounds. The question of a responsible Executive, as well as the question of the Clergy Reserves, had for the time sunk out of public notice. All other matters had given way to a resolve to return candidates who would "rally round the throne." The triumph of the Government went far beyond what several members of it had ventured to anticipate. On the 8th of July, Sir Francis was able to report to Lord Glenelg that "the Constitutionists"—by which name he designated the official party and all who supported them—had a majority of twenty-five,[255] whereas in the preceding Assembly they had been in a minority of eleven. In the same despatch he availed himself of the opportunity to malign Mr. Bidwell, whom he characterized as the "twin or Siamese companion of Mr. Speaker Papineau." He descanted upon the powerful reaction which had been brought about, and exultingly informed his Lordship that of the four candidates who had contested the constituency of Lennox and Addington Mr. Bidwell had polled the fewest votes.

The Colonial Minister must have been sore puzzled to know what to make of this gushing and galloping Lieutenant-Governor, who was so evidently devoid of the peculiar qualifications supposed to be requisite for one in his station, and who framed his official despatches upon the model of a sensation novel. Here was a man who had been selected for an elevated and honourable post because be had been supposed to be an adept in the science of politics, but who, as it now turned out, was utterly unacquainted with the principles and practice of Government; who was ignorant of the proprieties and amenities of official intercourse; who, in what were intended for grave official despatches, indulged in extracts from French vaudevilles, and referred to certain methods of procedure as not being according to Hoyle! By all known theory and precedent, the accession to office of such a man ought to have been attended by immediate and ignominous failure. Yet, so far as could be judged, he had by no means failed. Nay, he actually appeared to have scored a marvellous success, and to have brought about what men of greater ability and wider experience had been utterly unable to accomplish. Such a success was an inscrutable mystery to the official mind, and Lord Glenelg, after the first few weeks, appears to have abandoned all attempts to penetrate it. The entire demeanour of this unconventional Lieutenant-Governor was incomprehensible. He had expressed his total dissent from the policy of the Commissioners of Inquiry in Lower Canada, who had reported in favour of a responsible Executive.[256] He had even gone so far as to tender his resignation in consequence of his inability to concur in the liberal measures of Reform advocated by the Commissioners.[257] But the Home Government had by no means been disposed to accept his resignation just at that time. They had no available person to put in his place, and it had been thought desirable that he should be permitted to try his hand a little longer. And now this news as to the result of the elections seemed to fully justify their determination to retain him in office. If he had really inaugurated a new and improved order of things in Upper Canada, it was only fair that he should enjoy the prestige of his success.

But the ill effects of Sir Francis's superficial and disastrous policy were already beginning to be apparent to those whose eyes were keen enough to look below the surface of things. The Reformers felt that they had been out-manoeuvred. That they could have borne, for they had often been compelled to bear a similar infliction in past times. But they considered that they had been cheated out of their rights by one whose especial duty it was to watch over and preserve those rights inviolate. They had endured much at the hands of a Gore, a Maitland and a Colborne. But Gore, Maitland and Colborne had not presented themselves before them in the garb of tried Reformers. They had been the Tory emissaries of Tory superiors beyond sea, whose instructions they had generally carried out. All this had been changed; but the change, so far as Upper Canada was concerned, had been for the worse. The Reformers of the Province felt that the man who had been placed at the helm of State—the man who had been sent over by an ostensibly Liberal Government to redress the accumulated wrongs of the past—was in some respects far more dangerous than any of his predecessors had been. Carlyle had not then delivered his celebrated discourse on fools, but the idea that a fool may sometimes be far more dread-inspiring than a wise man is sufficiently obvious, and had presented itself in vivid shape before the minds of a good many of the Reformers of Upper Canada. They had by this time come to know something of Sir Francis Head. They had brought themselves to regard him as not only a fool, but a fool devoid of right feeling or principle; a fool who would stop at no injustice or iniquity the perpetration whereof would conduce, in however small a degree, to his own glorification. He evidently regarded his personal interference in the elections as a thing upon which he ought to plume himself. Such a state of things was not to be borne. It was clear that life, for Canadian Reformers, would very soon be not worth living. They despaired of the future, which, to their depressed vision, seemed to be overhung by a sky of unrelieved blackness. Their despair was accompanied by a smarting sense of defeat and injustice proportionate to the circumstances. Such feelings were not confined to defeated candidates and their immediate friends, but were participated in by Reformers generally. Some of them began to weigh the advantages and disadvantages of removal from the Province. Others, after the first effervescence of disappointment had expended itself, determined to endure in patience and to hope for the best. A comparatively small number, yielding to the influence of mingled despair and exasperation, began to contemplate armed resistance to authority as among the possibilities of the near future. Constitutional resistance, they thought, had had a fair trial. Might it not be worth while to try a more drastic remedy?

Conspicuous among the personages who were strongly influenced by such thoughts as those last indicated was William Lyon Mackenzie, who, as previously mentioned, had lost his election in the Second Riding of York. It might have been supposed that if any constituency in the Province was beyond the reach of Tory influence, the Second Riding was entitled to that distinction. It was notoriously the most Radical constituency in the colony. It had stood loyally by Mackenzie all through the troubled epoch of the successive expulsions. Yet it had now thrown him overboard on behalf of a political nobody. The explanation is to be found in the fact that the Riding had been the scene of some of the moat scandalous abuses committed during the campaign. The Tories had resolved that Mackenzie should be defeated at any cost, and had resorted to the most reprehensible means to secure that end. To elect a professed Tory would have been an impossibility, so the person fixed upon to oppose him was one whom the author of "Middlemarch" might have had in her eye when she described Sir James Chettam as "a man of acquiescent temper, miscellaneous opinions and uncertain vote."[258] His name was Edward William Thomson, and he professed to be a moderate Reformer. His moderation was acceptable to a considerable proportion of the electors, many of whom were tired of Mackenzie. The official party, however, did not choose to rely upon legitimate means for defeating the Radical candidate. Money was spent freely, and brawny bullies were hired for purposes of intimidation. Good votes were rejected on one side, and bad ones accepted on the other. Patents were sent down to the polling place, certain recipients whereof voted for Thomson. Sheriff Jarvis attended, and by his language and demeanour did what he could to discourage Mackenzie's supporters. Not a stone was left unturned to effect the desired object. Such means as Mackenzie had at his command were altogether insufficient to counteract the devices employed against him. He was beaten, and by a majority of a hundred votes.

This result took Mackenzie completely by surprise. It came upon him in the form of a revelation. He had not permitted himself to entertain any doubt of his success, and the conviction that he had lost his popularity cut him to his inmost soul. He retired to the house of one of his supporters in the neighbourhood, where he completely broke down, and wept with a bitterness which evoked the active sympathy of those present. But this mood did not last. It was succeeded by a sullenness and stolidity such as had never before been observed in him. He knew that he had been beaten unfairly, and resolved to petition against the election. Meanwhile his rage against the party which had been concerned in his defeat was ungovernable, and must have vent. He resolved that he must again have control of a newspaper. He accordingly established The Constitution, a weekly paper, the first number of which made its appearance in Toronto on the sixtieth anniversary of the Declaration of Independence of the United States—namely, the 4th of July, 1836. Its tone was such as might have been anticipated from the mood of its editor. It was more outspoken than the Advocate had ever been under his management, and might from the first have been styled a revolutionary organ. In its columns every phase of discontent found utterance, and some of its editorial articles were marked by a spirit of bitterness and implacability such as had not commonly been supposed to belong to Mackenzie's nature. Means would doubtless have been taken for its suppression, had not the Government felt that they had achieved a signal triumph, and that they could afford to ignore its attacks.

Many others of the Radicals felt little less rancour towards the Government party than did Mackenzie. Indeed, the conduct of the party in power had been such as to make temporary Radicals of not a few persons who had theretofore been known as moderate Reformers. It may be said indeed that nearly all the moderates had either made common cause with the Government party for fear of the Radicals, or had coalesced with the Radicals from a sense of official tyranny and injustice. Public meetings were held, at which the Lieutenant-Governor and his myrmidons were subjected to the most vehement denunciations. At a meeting of the Constitutional Reform Society Dr. Baldwin, George Ridout, James E. Small and others referred to his Excellency's conduct in terms which public audiences had never before heard from their lips. An official address issued by the Society on the subject of the resignation of the Executive Councillors also contained some severe but well-merited strictures. The Lieutenant-Governor marked his condemnation of the language employed by promptly dismissing the three gentlemen above named from certain offices which they held.[259] As will hereafter be seen, this proceeding eventually led to serious complications between the Home Office and Sir Francis. Meantime, the latter was permitted to have his own way, but not without stubborn attempts at resistance on the part of some of his opponents. A number of the most pronounced Radicals resolved to make a strong representation of election and other abuses to the British House of Commons, and to that end sent Dr. Charles Duncombe to England. Dr. Duncombe had been re-elected for Oxford, but had had to contend against similar influences to those which had been employed in other constituencies, and was thus able to speak of the partisan conduct of the Lieutenant-Governor's emissaries from personal observation. He prepared a statement of the case against Sir Francis, which was laid before the House of Commons by Mr. Hume. The Colonial Secretary despatched a copy of it to Sir Francis for explanations. It is unlikely that Dr. Duncombe's mission would have been a successful one under any circumstances, but he made the mistake of protesting too much. The greater part of the indictment could easily have been substantiated before any impartial tribunal, but it also contained charges which, whether true or not, the prosecutor was unable to prove. As mentioned on a former page[260], the matter was referred to a Committee of the Provincial Assembly, by whom the Lieutenant-Governor was completely exonerated. A further reference to the matter will be made in connection with the proceedings of the following session.

The Lieutenant-Governor was meanwhile engaged in a voluminous correspondence with the Colonial Secretary. The subjects dealt with therein were many and various. Perhaps the most important of all was the Lower Canadian Commission of Inquiry. The Commissioners had made a report in which they had recommended the concession of Responsible Government, and other much-needed Reforms. As previously mentioned, Sir Francis had no sympathy with these views, and distinctly repudiated the policy thus recommended. The idea of a responsible Executive was utterly repugnant to him. He erelong perceived that the Imperial Government would sooner or later yield to the imperative demand made on behalf of the different British North American colonies, but he determined to fight against it as long as opposition was possible, and his despatches teem with what he doubtless regarded as arguments on the negative side. He predicted the most serious results if the policy of the Commissioners was adopted. The language of the Ninety-two resolutions of the Lower Canada Assembly he pronounced to be not only insulting to the British Government, but traitorous. He proposed various measures for establishing the power of the Crown in the Canadas on a firm basis. Among these were the repeal of the Act surrendering the revenue, the annexation of the District of GaspÉ to the Province of New Brunswick, and the annexation of Montreal to Upper Canada. It may safely be assumed that these ideas were not his own, and nobody who has read "Canada and the Canada Bill,"[261] published several years later, will entertain much doubt as to the individual from whom he derived his inspiration.

FOOTNOTES:

[236] Sir Francis afterwards denied that this challenge was addressed to the Americans. See his despatch to Lord Glenelg dated 6th November, 1836, embodied in his Narrative, chap, vi. But it is quite evident that the denial, as well as the construction there sought to be put upon his language, was an after-thought. If, as he there asserts, "the Americans had no more to do with the subject than the Chinese," there was no appropriate significance whatever in his doughty defiance.[237] See despatch of May 28th.[238] See despatch of 21st April.[239] Ib.[240] Ib.[241] Despatch of May 28th.[242] Of April 28th.[243] Ante, p. 281.[244] See Dr. Rolph's Speech to the House in Committee on the Report of the Select Committee on the Petition of Dr. Charles Duncombe to the British House of Commons, delivered on Monday, January 30th, 1837.[245] It was afterwards urged by Sir Francis that his replies to addresses were made before, and not during the election. The plea will not bear a moment's examination. The mischief was done by the inflammatory and menacing tone of the replies, and the mere question of the time of their delivery in of no importance whatever. An English writer thus effectually disposes of this attempted defence: "Surely he [Sir F. B. Head] must have some glimmering perception that this is not a question of time, and that, if promises or threats are addressed to the electoral body with regard to their exercise of the electoral franchise, it is a matter of no importance whether this is done before or at the time of the election. Illogical as he has proved himself, we cannot suppose him to be so utterly destitute of the reasoning faculty as a sincerity in this defence would imply; and we must therefore believe that he knows the charge to be well founded, and has recourse to this shuffling evasion in pure despair."—See London and Westminster Review, vol. xxxii., No. 2, article vi.[246] During the contest people on the hustings actually demanded of the candidates: "Do you vote for the House of Assembly or for Sir Francis Head?"—a question which, as Sir Francis himself remarks, amounted in plain terms to this: "Are you for a republican government, or are you not?"—See Memorandum on the Present Political State of the Canadas, in Narrative, chap. vi.[247] Lord Durham, reasoning from such evidence as he had before him, proceeds upon the assumption that no patents were issued except to persons entitled to the land. But, as his Lordship admits, the granting of patents at all under such circumstances was an act of official favouritism which no Lieutenant-Governor with a proper sense of his duty would have permitted. See Report, U.C. folio edition, p. 51.[248] This was at Streetsville, while the contest for the Second Riding of York was in progress between William Lyon Mackenzie and Edward William Thomson.[249] See his speech in the Assembly on January 30th, 1837.[250] From official returns it appears that 1,478 patents passed the Great Seal between the 20th of April (the date of the prorogation) and the close of the contest in June. Of this number 1,245 were issued in pursuance of Orders in Council made prior to Sir Francis Head's arrival in the Province. Between his arrival and the close of the election 233 were issued, whereof only 150 were issued under Order in Council on his authority. But that the entire 1,478 were passed under Sir Francis's rÉgime within a very brief period; that a special staff of clerks was employed for the purpose; that for the first time in the history of the Province these patents were distributed at the polling-booths by Government agents who were strong adherents of the official party, and who were moreover dependent upon the Government for their situations—these are circumstances which admit of but one brief explanation. The only one of these agents whom the Committee of Inquiry ventured to summon before them was Mr. Welsley Richey, of Barrie, who, on his examination, deposed that he mentioned to the Lieutenant-Governor that the persons who wanted their deeds were entitled to them, and that he thought they would vote for Constitutional candidates; that Sir F. B. Head strictly commanded witness not in any manner to interfere as Government agent, or to use any influence which his situation gave him at the election; that out of a number not exceeding 130 patents which persons residing in the County of Simcoe were entitled to, and which were in witness's possession for them, only about thirty were called for, and only part of that thirty voted. This is mere petty evasion. As pointed out in the text, the extent to which such tactics as these affected the result is not the chief question to be decided. The mere fact that they were employed is sufficient to settle the question of culpability. Richey was directed not to interfere with the elections as Government agent. How was it possible for an official known to be connected with the Government to divest himself of the influence inseparable from such a connection, more especially when his strong political bias was well known, and when he presented himself at the poll as a distributor of deeds among the voters? The mere fact of a conference on such a subject between the head of the Government and a subordinate is in itself a suspicious circumstance.[251] In Lord Goderich's despatch to Sir John Colborne, dated 8th November, 1832, referred to ante, p. 246, the following language is employed: "His Majesty expects and requires of you neither to practise, nor to allow on the part of those who are officially subordinate to you, any interference with the rights of his subjects to the free and unbiased choice of their representatives;" and, as previously mentioned, Lord Glenelg had expressly instructed Sir Francis Head to adopt that despatch as a rule for the guidance of his conduct. See ante, p. 301.[252] Ante, p. 272.[253] Sir Francis Hincks, who, as previously mentioned in the text, then resided in Toronto, and was identified with the Reform party, has, in his Reminiscences, recorded his views on this subject, and as they are founded upon personal experience and recollection they are worth quoting. "Bearing in mind," he writes, "that there are exceptions to all general rules, I think that I am not wrong in my belief that the members of the Church of England and the Presbyterians generally voted for the Tory candidates, while the Roman Catholics and the Baptists, Congregationalists, etc., voted as uniformly for the Reformers. The Wesleyan Methodists held the balance of power in a great many constituencies, and I believe that it has been generally acknowledged that the elections in 1836 were carried against the Reformers by their votes." Again: "I believe that I am correct in asserting that Sir Francis Head carried the elections in 1836 against the Reformers mainly through the influence of the Rev. Egerton Ryerson, who, though absent from Canada at the time, had, by his published impressions, induced those who confided in him to abandon the Reform cause."—Reminiscences, etc., pp. 17, 18.[254] U.C. folio edition, p, 49.[255] The House contained in all only sixty-two members, so that a majority of twenty-five constituted what might be called absolute control. The actual majority was twenty-six, as there were but eighteen Reform representatives as against forty-four supporters of the Government.[256] See his despatch of 1st June.[257] Ib.[258] This language aptly characterizes Mr. Thomson, for afterwards, in the Assembly, it was impossible to predict how he would vote on any conceivable question. His "Reform" principles must have been very "moderate," for he frequently supported the measures of the Compact. His votes seem to have been dictated by chance or caprice, rather than political conviction of any kind.[259] Dr. Baldwin was Judge of the Surrogate Court of the Home District. His dismissal was probably due quite as much to the fact that he was President of the Society as to his remarks about the Lieutenant-Governor, or to the official address. Mr. Ridout was Judge of the Niagara District Court, Justice of the Peace, and Colonel of the Second Regiment of East York Militia. He was dismissed from all three offices, although he was not a member of the Reform Society. Mr. Small was Commissioner of the Court of Requests in Toronto, and also Lieutenant-Colonel of the First East York Militia.[260] Ante, p. 330.[261] Written by Chief Justice Robinson, in opposition to the project for uniting the two Provinces of Upper and Lower Canada.

                                                                                                                                                                                                                                                                                                           

Clyx.com


Top of Page
Top of Page