AFFAIRS OF CANADA.
On the 11th of February Lord Melbourne laid the report of Lord Durham, and other papers, on the table of the house of lords, expressing a hope at the same time, that before the Easter recess he should be enabled to introduce a measure for the purpose of putting a speedy end to the discontents in that part of the empire. This report had appeared in the columns of the Times newspaper some days before it was presented to either house of parliament; in allusion to which unusual circumstance, Lord Durham said he deeply regretted the premature publication of it. His subsequent statement, however, proved that it could not have been a matter of surprise to his lordship. There had been, he said, an understanding with the ministry that the document should be printed before the meeting of parliament, in order to save time, and accordingly two thousand copies were prepared; and he had himself half a dozen for circulation among his private friends. It would appear from this report that the chief cause of all the troubles that had disturbed Lower Canada was to be found in the spirit of exasperation that had grown up between the two races by whom it was peopled. It was possible, it stated, that under a better system of management this temper would never have been called forth, and that the present disparity between the numbers of the two races would not have existed. During the eighty years that had elapsed since the conquest of Canada, the French inhabitants had increased from sixty thousand to four hundred and fifty thousand souls, while the English settlers amounted to no more than a fourth of the entire population, notwithstanding the great influx of emigrants which had taken place between the years 1829 and 1837. Another source of evil pointed out by Lord Durham in his report was the lack of education in the colonies. According to returns laid before parliament in 1835, there were in Lower Canada, besides several Roman Catholic colleges, and a number of private seminaries for the higher branches of education, two grammar-schools, one at Quebec and the other at Montreal, and in the three districts of Quebec, Montreal, and Three Rivers, thirty-seven free-schools, with nearly two thousand scholars. In addition to these there were established, under a provincial act of parliament, one thousand one hundred and seventy-one elementary schools, with thirty-seven thousand six hundred and fifty-eight scholars, distributed through the colonies, and placed under the superintendence of trustees annually elected by the inhabitants. The utility of these schools, however, may be estimated by this passage from Lord Durham’s report:—“It came to my knowledge that out of a great number of boys and girls assembled at the school-house door of St. Thomas, all but three were admitted upon inquiry to be unable to read; yet the children of this large parish attend school regularly, and make use of books. They hold the catechism-book in their hands as if they were reading, while they only repeat its contents, which they know by rote.” The only exception to this state of things made by Lord Durham was in favour of the Catholic clergy, who were represented by him as a respectable and well-conducted class of men, and well-disposed towards the government. The report further stated that there was no combination between the two races for public objects. All public meetings, no matter for what purpose they were called, were attended exclusively by one or the other of the races. They could not harmonize even in associations of charity; and the only public occasion on which they met was in the jury-box, and then they met only to obstruct justice. With such feelings existing in the colony, there could be no wonder that insurrections and tumults abounded.
No discussion arose on the presentation of Lord Durham’s report to the lords. On the 15th of February the Duke of Wellington moved an address to her majesty for copies of the correspondence of Sir F. Head with her majesty’s government on the affairs of Upper Canada; and also for copies of the correspondence of Sir J. Colborne and her majesty’s government relative to the establishment of rectories in Upper Canada. Viscount Melbourne said he was ready to produce such portions of the correspondence as appeared to be necessary for the defence of Sir F. Head, or which afforded general information; he further suggested that the motion should be for “copies or extracts” as to the correspondence of Sir J. Colborne relative to the establishment of rectories. The Duke of Wellington, in reply, intimated that, although he thought the whole correspondence ought to be produced, he would alter his motion according to the suggestion of the noble viscount. The Earl of Aberdeen said it was impossible for the house to legislate upon the affairs of Canada without being in possession of this correspondence; and the Earl of Wicklow contended that there should be superadded any report given by Lords Gosford or Aylnaer. On the 19th of February Lord Winchilsea further moved, that a humble address be presented to her majesty, praying that she would be graciously pleased to order to be laid upon the table of the house any correspondence that had passed between her Majesty’s government and Lord Durham, relative to the appointment of Mr. Turton as his lordship’s secretary. This was a topic which had excited severe animadversion in parliament, as well as on the part of the public press; but it does not appear that government had anything to do with it, or that there were any papers to be produced. In the desultory conversation which followed, indeed, Lord Durham took the whole responsibility of the appointment on himself, and insisted that he was justified in making that appointment. He had known Mr. Turton from his earliest infancy; and he knew also his high professional reputation. He had been employed as advocate-general in India, by Lords Combermere and Amherst, and had discharged his office so much to the satisfaction of the governor and council in India, that they voted him five thousand sicca rupees, and a vote of thanks for his conduct. It was not to be endured, therefore, that he was to be taunted for appointing to this trumpery office a man who had previously filled the highest judicial functions in India. Lord Durham concluded by threatening that if this matter were proceeded in further by parliament he would not rest until he had obtained an inquiry into the case of every public man who had received official employment after having been convicted of the same kind of immorality as Mr. Turton.
On the 3rd of May Lord Melbourne presented the following message from the queen to the imperial parliament:—“Her majesty thinks it proper to acquaint the house of lords, that it appears to her majesty that the future welfare of her majesty’s subjects in Upper and Lower Canada would be promoted by the union of the said provinces into one province for the purpose of legislating, from and after the period to be fixed by parliament. Her majesty therefore recommends it to the house, to consider such measures as may be submitted to them for that purpose. Her majesty is persuaded that the house of lords will be careful to combine a due regard for the peace and security of these important provinces with such provisions as may be conducive to the welfare of England, and the permanent freedom and prosperity of her majesty’s North American provinces.” The idea of uniting the two provinces originated in Lord Durham’s report, in which he gave several cogent reasons for such a measure. The subject was taken into consideration on the 3rd of June, when Lord John Russell said it became his duty to call upon the parliament to lay the foundation of a permanent settlement of the affairs of Canada. In his speech, his lordship recapitulated the various circumstances connected with the subject of Canadian affairs. With reference to the recommendation contained in her majesty’s message, Lord John said that the act of 1791 was founded on two principles: first, that by dividing the province into two the French population might remain in that portion called Lower Canada, whilst British emigrants would have free scope for their industry, and power to establish their own institutions and customs, in the other portion of the province, which was to be called Upper Canada. Another reason was, the French inhabitants being very loyal to the crown, of very simple habits, and possessing institutions to which they were attached, it was advisable that means for maintaining those institutions should be reserved to them. His lordship acknowledged that there might have been at the time reasons for introducing the constitutional act of 1791, but argued at great length that it was a mistaken act of policy. The grievances which had arisen out of it were manifold; and as a remedy for them he proposed the re-union of the two provinces. Other remedies had been suggested, but his lordship thought that they were not sufficient to meet the exigencies of the case. In support of his own proposition his lordship stated that there were many persons in Lower Canada anxious for such a union, and that the legislature of Upper Canada had decided in favour of the plan. The noble lord concluded by moving these resolutions:—I. “It is the opinion of the house that it is expedient to form a legislative union of the provinces of Upper and Lower Canada, on the principles of a free and representative government, in such a manner as may most conduce to the prosperity and contentment of the people of the united provinces. II. That it is expedient to continue until 1842 the powers vested in the governor and special council of Lower Canada, by an act of last session, with such alteration of those powers as may be deemed advisable.” Mr. Hume protested against this plan, and Mr. Goulburn moved the adjournment of the house. Sir Robert Peel expressed his surprise to find that it was not the intention of her majesty’s government to propose any legislative measure in the present session, having reference to Canada. His parliamentary experience was entirely against resolutions pledging the house to any particular course. The debate was adjourned to the following Monday, when Lord John Russell stated his intention of withdrawing his resolution, pledging the house to the abstract principle of a union of Upper and Lower Canada; giving as his reason for this change in the policy of government, the strong protest against such a measure on the part of the commons house of assembly of Upper Canada; a protest which was contained in a report drawn up by a select committee of that body and presented to her majesty. With reference to the second resolution, Lord John Russell proposed the continuation for three more years of the power now placed in the hands of the governor and special council of Lower Canada. On the resumption of the debate on the 13th of June, Lord John Russell moved for the withdrawal of the first resolution. He was still of opinion, he said, that at some future period such an union should be carried into effect, but in the meanwhile he thought it necessary that certain exciting topics should be disposed of by the legislature. Accordingly he proposed to introduce a measure for the continuance of the act of last session, for the suspension of the constitution until 1842, and at the same time amending that act in several particulars. The amendments proposed by his lordship were the alteration of the clause authorizing the governor to suspend the habeas corpus act; the alteration of the clause known as Sir William Follett’s, limiting its operation to measures affecting the clergy, on the tenures of land; and the introduction of a new clause, giving power to impose rates and taxes not to be paid into the public treasury, but to be applied to such local purposes as watching and the roads. With regard to the bill for the union of the provinces, his lordship said, that he thought it might be necessary to change some of its provisions. The bill he would ask to introduce provided for the establishment of a central district at Montreal and its neighbourhood, where the meetings of the assembly should be held. The other parts of Upper and Lower Canada he proposed to divide into two districts. There would then be a central district, and four other districts. Each of these was to be subdivided into nine other districts, so that supposing each division to return two members, there would be ninety members for the electoral divisions. In addition to these, his lordship proposed that the four largest towns should return two members, making in the whole ninety-eight. After a brief discussion, leave was given to bring in the bill, and to amend the act of last session, appointing a provisional government.
It was not until the 4th of July that Lord John Russell moved the order of the day for the second reading of this bill. The discussion which followed was a mere repetition of former debates. The bill was then read a second time.
Lord John Russell moved the order of the day forgoing into a committee of the whole house on the 11th of July, when Sir William Molesworth moved a resolution, the object of which was to declare on the part of the house, that considerations of humanity, justice, and sound policy demanded that parliament should apply itself without delay to legislate for the permanent government of the Canadas.
The debate which followed threw no new light upon Canadian affairs, or the policy which ought to be pursued towards the people of the Canadian provinces. The discussions, however, demonstrated the incapacity of the government to deal with matters of such magnitude, and the desire of the opposition to sacrifice justice and expediency to party spirit. The house divided, and the original motion was carried by a majority of two hundred and twenty-three against twenty-eight.
In the committee Mr. Hume objected to the first clause, which appertained to the increased number of councillors, as only making an addition to despotism; but the clause was carried by a large majority. On the second clause being moved, Lord Stanley objected to it as enlarging the extraordinary powers already granted to the governor and council; but, after much discussion, it was carried by a majority of one hundred and seventy-six against one hundred and fifty-six. On the 4th clause being proposed, Sir Robert Peel moved an amendment to prevent any alteration in the law of tenures, which was agreed to; and the remaining clauses were then passed, and the report of the committee ordered to be received on the following Monday.
This bill was brought forward in the house of lords on the 20th of July, by the Marquis of Normanby, who, in introducing it, confined himself to its immediate subjects, and to an explanation of its intentions. The bill, as amended by the commons, was carried. Thus ended all attempts to legislate for the Canadas in the session of 1839: the great expectations formed at the commencement of the session on this important subject were doomed to be disappointed in the results. Conversations of a personal nature took place, but neither party approached the question as became the legislators of a great and mighty empire. Government, it is true, intimated that they had framed a plan for the union of the two provinces, but it was scarcely intimated before it was abandoned. Finally came forth the fragment of a measure which had not the confidence of either party, but which was nevertheless passed into a law.