PARLIAMENT REASSEMBLES—DEBATES ON CANADA—ADDRESS TO THE THRONE
MOVED BY LORD JOHN RUSSELL—BILL FOR SUSPENDING THE LOWER CANADIAN CONSTITUTION.
A.D. 1838
Parliament reassembled on the 16th of January. The first subject brought under notice was the affairs of Canada. This subject was introduced by Lord John Russell, who, after recapitulating the principal events that had occurred since the connexion of that colony with Great Britain down to the report of the Committee in 1828, took up his ground on that report, which the assembly of Lower Canada had characterised as “an imperishable monument to the justice and profound wisdom of the committee, an authentic testimonial of the reality of their grievances and of the justice of their complaints, faithfully interpreting their wishes and their wants.” It might have been supposed, said his lordship, that after the people and the government of this country had proved themselves anxious to perform all that was asked for, and that was indicated by the reports of the committee, the Canadians would have been not only satisfied, but willing to express their cordiality towards the British government. The case, however, was the very reverse of this. On the 6th of December, 1828, the house of assembly resolved, “That on the permanent settlement before mentioned being effected, it would be expedient to render the governor, lieutenant-governor, or person administering the government for the time being, the judges and executive councillors, independent of the annual vote of that house, to the extent of their present salaries.” Having adverted to other resolutions indicative of the growing dissatisfaction of the Canadians, Lord John Russell proceeded to state what had been done in order to remedy the grievances set forth in those resolutions. The independence of the judges was demanded; and Lord Ripon, then colonial-secretary, had fully concurred in its reasonableness, and had suggested a method for carrying it into effect. The house of assembly, however, instead of following out that suggestion, tacked to the law by which the independence of the judges was to be secured, certain provisions relating to the hereditary revenues of the crown, and to the establishment of a court of impeachment for the judges. Then as regarded the subject on which the widest difference between the assembly and the imperial government had existed, no opposition had been offered to the terms of the assembly’s resolutions. The judges were informed, instantly, that, with the exception of the chief-justice, it was no longer desirable that they should sit in the legislative council; and a number of persons were added to that body totally independent of the crown, and giving a great majority in the council to those who were unconnected with the government. Of the forty members in the council, indeed, not less than eighteen were French Canadians: many of the members of English origin had quitted the province, and but seven remained in official connexion with the government. Another grievance related to the crown and clergy reserves; and Lord Ripon had declared it was time to put an end to the old system; and only differed from the assembly in wishing to prevent an undue facility from being afforded to poor and improvident purchasers of waste lands. Concessions had also been made with reference to the property of the Jesuits, which had been ordered to be applied to educational purposes; and on the much-contested, question of the duties collected under the earlier acts, and which the crown had, according to law, the right of appropriating. The Canadians, however, made but a poor return for these concessions. In 1833, a supply-bill, containing the most unusual conditions, passed the house of assembly; and in the following year the assembly adopted a course which had led to the present difficulties. It passed ninety-two resolutions, some of grievance, some of eulogy, and some of vituperation, and amounting in the whole to a long and vehement remonstrance; and after spending an entire session in framing it, it separated without having passed any bill of supply. Since that time no supplies had been voted. The demeanour of the house of assembly in the following years remained unaltered. At the commencement of his speech, Lord John Russell proposed a bill to suspend for a certain time the existing constitution of Lower Canada; and at the same time moved an address pledging the house to assist her majesty in restoring tranquillity to her Canadian dominions, His lordship in the course of his speech gave an outline of the intended bill. Mr. Hume entered at considerable length into a recapitulation of the past and present grievances of the Canadians. He laid the blame of all that had passed upon the government; and said that “it was not the man who shed blood, but the man who stimulated him to shed it, who was the guilty party.” Mr. Grote likewise opposed the proposed address. He threw the responsibility of the failure of the measure which had been taken to adjust the financial disputes, upon Lord Ripon. Not content, he said, with advancing a claim to the appropriation of the casual and territorial revenues to the purposes of civil government without the consent of the house of assembly, that noble lord had thought fit to propose to make them over to the clergy; a step which was at once novel and preposterous, and only embroiled matters still further. Sir Robert Peel promised his cordial assent to the address, because this country had acted with justice and liberality towards Canada. He thought that the military force in the colony should have been immediately increased. In reply, Lord Howick endeavoured to show that the government was not culpable in omitting to back their resolutions of the last year with a military force. He argued that regiments were not necessary to put down meetings: they could not stop speeches, prevent resolutions, or obtain juries to convict men for seditious practices. An additional regiment introduced into Halifax had, in fact, served greatly to increase the existing discontents. Mr. Charles Buller supported the address: the law should be vindicated, and the insurgents put down without parley, unless we were prepared to consent to a separation, and leave Canada to itself. There was no ground for separation, nor could we with any regard to the interests of the colony consent to abandon it; but we ought to comply without delay with all the just demands of the Canadians. Mr. Leader complained of being taken by surprise; and wished the house to adjourn for the purpose of giving himself and his friends time to consider what course they should take, and an opportunity of refuting the “fallacies contained in the noble lord’s speech.” This was opposed by Lord John Russell; and on a division the motion for an address was carried by one hundred and eighty-eight against twenty-eight.
On the following day Lord John Russell brought in his proposed bill for the suspension of the existing constitution of Canada. Its leading object was to enable the governor-general and council, on the motion of the governor, to pass any laws which might be considered necessary, during the present suspension of the legislature of the province. In addition to the means for suppressing the insurrection, the bill would authorise the governor-general to grant a general amnesty. With respect to the future government of Canada, his lordship said, that it was the intention of ministers that the governor-general should be invested with power to convene a certain number of persons; namely, three from the legislative councils of each of the two provinces, and ten “representatives” from each, to form a council to concert with the governor-general as to the measures which might be deemed advisable for the adjustment of the affairs of the province. The persons to be named would be chosen by the governor-general, while those who were to be convened, having a “representative character,” might of course be taken from the legislative assembly. But as in Lower Canada it was almost impossible that the assembly would be brought to act beneficially, it would be competent to the governor-general, both in the upper and lower province, to hold elections for persons, amounting to twenty in the whole, to concert with him upon the general state of affairs. Sir Hussey Vivian said that Mr. Hume had constantly stated in that house that he anticipated a revolt. No man had a greater right to foretell such an event. The man Martin had recently foretold the destruction of Yorkminster; and he had set it on fire to fulfil his prediction. In that same manner Mr. Hume had taken measures for the fulfilment of his prophecy. Sir George Grey, the under-secretary for the colonial department, in reply to some doubts which had been raised by Mr. Hume, with respect to the loyalty of the other North American colonies, cited facts to prove that the best possible spirit existed in Nova Scotia and New-Brunswick. Mr. Grote presented a petition from Mr. Roebuck, praying that he might be heard at the bar in defence of the house of assembly of Lower Canada, and in opposition to the ministerial bill. Lord John Russell thought that the house should be allowed time to consider precedents; and after some further conversation Mr. Grote gave notice that he should call the attention of the house to the subject on the 22nd instant.
The subject of Canada was brought before the lords on the 18th by Lord Glenelg, who moved an appropriate address to the queen. After adverting to the disturbances in that province, he made reference to the intended bill. With respect to ulterior arrangements his lordship saw great difficulties in the way of a legislative union between the two provinces, but thought that considerable advantage might be made of a federal union. In conclusion, his lordship defended the conduct of government in not having provided more troops for the suppression of the insurrection. Lord Brougham ridiculed Lord Glenelg’s despatches, to which that noble lord had referred in his speech. The despatches were certainly the products of a mind inadequately furnished with the experience and knowledge necessary for the task imposed upon it, but the honest intentions of the writer were equally apparent, and might have protected him from the kind of invective to which the noble logomachist subjected him. The whole speech of Lord Brougham was as damaging to himself as to the government which he assailed. He pursued the government with his irony and abuse, not because they fell beneath him in point of honour or principle, but because they refused him their confidence as Lord Chancellor, when his indiscretions and bullying rendered him alike odious to the court and unendurable to the cabinet. His lordship might fairly be considered as much the “standing counsel” for the rebellious Canadians in the lords, as Mr. Roebuck was in the commons. Nevertheless, the denunciations of the government by the eccentric peer were in the main grounded upon their errors and vacillation, and these vices in their administration were depicted with a scathing eloquence, and a malignant spirit. Lord Brougham played the part of a mere partisan, and was set down by the country for such. The patriotic prestige associated with his name passed away. Lord Melbourne, in reply, characterized Lord Brougham’s speech as “a laboured and extreme concentration of bitterness.” Concerning the charge against ministers of neglect in not providing against the possibility of an outbreak, his lordship said, that it was a difficult question which they had at the time to decide. By not re-enforcing the troops they ran the hazard of what had in fact occurred; but, on the other hand, had a considerable force been sent out, there would have been an end to all chance of an amicable termination of the disputes. It would have been instantly said, that we were filling Canada with troops, and thus manifesting a fixed intention of putting down public opinion by the force of arms. The Duke of Wellington thought that the proceeding’s should have originated in a message from the throne. With reference to the military force, he said, that he must do ministers the justice to say that he could not blame them for not having taken more active measures. He knew several officers in Canada; and the opinions of these officers, as communicated to him, were, that there was not the smallest reason to apprehend anything like insurrection in Lower Canada. At the same time his grace said, that he could not understand, when ministers had found it expedient to move troops from Nova Scotia and New Brunswick into Canada, they did not despatch fresh troops to supply the vacancy thereby occasioned. After a few words from Lord Ripon, who condemned the conduct of government, the Marquess of Lansdowne applauded the candid terms in which the Duke of Wellington had expressed his opinion on the military part of the question. The Earl of Durham, who was about to go to Canada as governor, said, that it was impossible for words to express the reluctance with which he had undertaken the arduous task, and incurred the awful responsibility which must await him in his endeavours to execute the objects of his mission. Nothing but the most determined devotion to her majesty’s service, and the welfare of his country, could have induced him to place himself in a situation in which he feared he should neither answer the expectations of his friends nor of the nation. Having noticed the various tasks which would devolve upon him, his lordship said, with an apparent foreboding of what was to ensue, that he could not perform them without the cordial and energetic support of her majesty’s cabinet, and the co-operation of the imperial parliament. Lord Glenelg closed the debate by retaliating on Lord Brougham for his fierce denunciations, and by contrasting his conduct with that of the Duke of Wellington, whose candour and magnanimity he warmly applauded. The address was agreed to.
According to notice, Mr. Grote, on the 22nd, moved that Mr. Roebuck be heard at the bar on behalf of the assembly of Lower Canada. Mr. Roebuck relied on his title to be heard as general agent for Canada, but Mr. Gladstone said that he was not aware of any constitutional right or privilege of colonies to appoint agents with powers of this general description. If allowed in practice, it must lead to interminable confusion. Lords John Russell and Stanley also expressed their aversion to hearing Mr. Roebuck as an agent of Canada; but the motion was nevertheless acceded to. On the motion of Lord John Russell, the bill for suspending the constitution of Lower Canada was read a second time; after which Mr. Roebuck proceeded to address the house from the bar. His speech was by no means conciliatory; on the contrary, his care seems to have been to select such topics as were most likely to prove generally offensive to its temper and prejudices. In one passage he remarked:—“Talk to me of being frightened at being called a traitor—at being told that my life is forfeited—at the newspapers setting forth that I am to be sent to the Tower! Do you think that I am to be frightened by such petty warfare? If I be guilty, why are there not some who dare accuse me lawfully? My papers have been seized: let them be produced. I have not run away; because I know that there is a jury in England who will render justice to the accused.” On Mr. Roebuck’s withdrawal, Mr. Hume moved the postponement of the committal to that day six months. This motion was opposed by Sir George Grey, who replied to Mr. Roebuck’s speech in a very able harangue. The subject was renewed on the 23rd by Sir William Molesworth. Mr. E. L. Bulwer gave ministers his cordial support. He thanked them for their determination to uphold the integrity of the empire, and the maintenance of the laws; and he thanked them as a friend to a liberal and popular policy, for their declared resolution to redress the grievances of Canada. He would ask Mr. Warburton and his friends, whether they were aware that till within the last seventy years printing-presses were forbidden in Canada; that at the present day the vast majority of the electors could neither read nor write; and that it often happened that the foreman of a jury could not give in the verdict because of his inability to read it? Was this a colony fit for independence? If it were a republic to-morrow, it would be a monster in legislation—half-jacobinism, half-feudalism. Mr. Bulwer designated Mr. Warburton and his friends, in the course of his speech, by the term “philosophical Radicals.” Mr. Grote, in reply, said that the designation was quite as respectable as that of “literary Whig.” The debate was closed by Lord John Russell. On a division the motion for going into committee was carried by a majority of two hundred and sixty-two against sixteen.
On the 25th Lord John Russell, in moving that “the speaker leave the chair,” informed the house that in looking over the bill he had discovered a number of verbal amendments to be necessary, and as it was desirable that these should be introduced before the discussion was resumed, he moved that the house should go into committee pro forma, in order to afford an opportunity for making the requisite alterations. Upon the question being put that the speaker leave the chair, Mr. Warburton rose and made a long speech in opposition, which was utterly devoid of any practicable suggestions. A long and rambling debate followed, without any result.
The house finally went into committee on the bill, and proceeded to consider its several clauses and the amendments proposed. The bill was read a third time, and passed on the 29th of January, by a majority of one hundred and ten against eight; the few non-contents being Radicals.
The bill came before the house of lords on the 2nd of February, when it was opposed by Lord Brougham, in a speech of great length, and in an acrimonious spirit. Lord Aberdeen also, though he supported the measure, expressed his contempt of the conduct of the government. Lord Melbourne had quietly endured the repeated attacks which had been made upon ministers; but on this occasion he retorted upon Lord Brougham’s censures with effect, convicting him of a change of principles. Lord Brougham, however, denied that he had changed his principles: it was the changed conduct of others that had compelled him to oppose them. The Duke of Wellington reproduced many of the objections that had been urged in the other house; and Lord Wharncliffe, after censuring the conduct of ministers, gave a reluctant assent to the bill. On the 5th of February, Mr. Roebuck, on the motion of Lord Brougham, was heard by the house as agent of the house of assembly of Lower Canada; but his speech could not arrest the progress of the bill. It was passed on the 8th of February; Lords Ellenborough, Fitzwilliam, and Brougham entering their protest against it on the journals of the house, though on different grounds.
The more important provisions of this bill were that the constitution of Lower Canada was suspended till November, 1840; that her majesty in council was empowered to constitute a special council, and to appoint, or authorize the governor to appoint, such and so many special councillors as she might think proper; that, until November, 1840, it should be lawful for the governor, with the advice and consent of the majority of the said councillors convened for the purpose, to make such laws or ordinances for the peace, welfare, and good government of Lower Canada, as the legislature of that province, at the time of passing the act, was empowered; and that all laws or ordinances so made, subject to the provisions thereinafter contained for disallowance thereof by her majesty, should have the like force and effect as laws passed by the legislative bodies. The governor was further to have the initiative of all measures proposed in the council, five of whom were required for a quorum. Certain restrictive provisoes followed these provisions; and it was directed that a copy of every such law or ordinance “be transmitted to the home government;” and her majesty was empowered, by an order in council, to disallow the same at any time within two years of its receipt.