CHAP. III.
LATER EVENTS IN CANADA.
Having presented the first two phases of the history of Canada—its last period under the rule of the savage, and its first under that of civilized man; we pass to the next, which brings us to our own time—its rule by the government of England.
The war commenced by the United States against Britain in 1812, produced a formidable crisis in the history of Canada, especially of the upper province.[[4]] It is not proposed to enter into any discussion of the grounds or merits of the hostile resolution adopted by Congress. Doubtless, however, as Britain then stood with her whole disposable force engaged against Napoleon, they calculated with full confidence on obtaining possession of the Canadas, and, indeed, of all British America. Dr. Eustis, secretary at war, said in Congress, “We can take the Canadas without soldiers; we have only to send officers into the provinces, and the people disaffected towards their own government will rally round our standard.” Mr. Clay added: “It is absurd, to suppose we shall not succeed in our enterprise against the enemy’s provinces. We have the Canadas as much under our command as Great Britain has the ocean. We must take the continent from them. I wish never to see a peace till we do.” A similar impression prevailed in the colony itself, defended then by only 4,500 troops, of whom not more than 1,450 were in the upper province, though the most exposed, and presenting the most extended frontier. Not a few were inclined, on the first alarm, to pack up and quit the country; but Sir George Prevost, seconded by the majority of the inhabitants, adopted a more spirited resolution. The militia were called out; Quebec was garrisoned by the citizens; and the frontier placed in a state of defence.
The States, though they had plunged into hostilities so eagerly, and with such sanguine anticipations, were, by no means, in a forward state of preparation. Few of the officers who had distinguished themselves in the war of independence, survived the lapse of nearly thirty years. General Hull, however, one of these veterans, was sent with a force of 2,500 men to open the campaign on the western frontier of Upper Canada. On the 5th of July, 1812, he arrived at Detroit; and on the 12th crossed the river, and took possession of Sandwich, whence he issued a proclamation, inviting the colonists to join him, or at least to remain neutral. He announced that no quarter would be given to a white man fighting by the side of an Indian, though this is said never to have been acted upon. Having no cannon mounted, he did not think it practicable to attack Fort Malden, which covered Amherstburg, where Lieut.-Colonel St. George, with his small force, was posted. Hull, however, pushed forward detachments into the country, which gained some advantages, and induced a few of the inhabitants to join them. But his prospects were soon clouded. Capt. Roberts, with a small detachment, had early reduced the fort of Michillimakinac, which “opened upon him the northern hive of Indians.” Almost the whole of that race, indignant at the encroachments of the Americans upon their territory, eagerly espoused the British cause, and poured in from every quarter to support it. Meantime, General Brock, having embarked all the troops that could be spared from the Niagara frontier, arrived on the 12th of August at Amherstburg, where he mustered about 320 regulars, 400 militia, and 600 Indians. Hull, whose force, weakened by sickness and by sending away two detachments, is said not to have exceeded 800 effective men, retreated across the river, withdrawing the cannon prepared for the siege of Amherstburg, and shut himself up in Detroit. General Brock instantly crossed, advanced upon the fort, and prepared for an immediate assault; but a white flag then appeared from the walls, and a capitulation was quickly signed, by which the whole American force, including the detachments, were surrendered prisoners of war. The Canadian citizens, who had despondingly anticipated speedy conquest, were not a little surprised to see in less than three months the whole army destined for that object marched in as captives. Loud complaints were made by the Americans against the conduct of Hull, who was afterwards tried and condemned to be shot, though spared on account of his age and former services.
The Americans made great efforts to obtain a more fortunate result on the Niagara frontier. Though the New England States, disapproving of the war, withheld their militia, yet early in September more than 6,000 men were brought to the banks of the river, with the view of crossing it, and penetrating into Canada. They were encouraged by the exploit of two row-boats, which captured the same number of British gun-brigs, with valuable cargoes, as they were passing Fort Erie. The troops are represented as filled with enthusiastic confidence, urging, and almost compelling General Van Rensselaer, their commander, to commence active operations. Accordingly, after one abortive attempt, he succeeded, on the morning of the 13th of October, in pushing across to Queenston a detachment, which, being well reinforced, gained possession of the heights. General Brock, having come up, resolved to check their progress, but, making his advance with too small a force, he was repulsed and killed, closing his brilliant career by a glorious death. Meantime, General Sheaffe, having brought up the main force of the British from Fort George, and being joined by a body of Indians, with a detachment from Chippeway, attacked the enemy, and, after a sharp contest of half an hour, compelled the whole, amounting to above 900, to surrender at discretion.
The Americans made yet another attempt to retrieve this unfortunate campaign. General Smyth, who succeeded Van Rensselaer, had assembled, on the 27th of November, 4,500 men in the vicinity of Black Rock. Early on the following morning two detachments succeeded in crossing, and, after a long confused fight in the dark, drove in with loss the British outposts; but when day broke, and Lieut.-Colonel Bisshop had collected about 600 regulars and militia, they hastily retired to the other side, leaving a party of thirty to fall into the hands of the English. Another division began to cross, but some rounds of musketry and artillery induced them to return. In the course of the day, after a vain summons to surrender Fort Erie, nearly half the force was embarked, though in the afternoon the postponement of the enterprise was announced. After several days of uncertain councils, it was finally decided that the expedition should be abandoned for the season.
Queenston.
General Brock’s Monument,
above Queenston.
The severity of the season caused a suspension of operations, scarcely interrupted, unless by an attack on Ogdensburg by Captain McDonnell, who, crossing the St. Lawrence on the ice, drove out the garrison, and obtained possession of eleven pieces of cannon, and a considerable quantity of stores. The Americans meantime were making extraordinary exertions to open the new campaign under better auspices. At Sackett’s Harbour, on the southern shore of Ontario, a naval armament was equipped, which gave them for some time the control of that fine lake. A large force had been assembled, and placed under a new commander, General Dearborn. The plan of this campaign was limited to the conquest of Upper Canada; the achievement of which, as that country was defended by only 2,100 troops, was considered beyond the reach of chance. On the 25th of April, 1813, the general, with Commodore Chauncey, embarked about 2,000 men, and sailed to York (Toronto), the rising capital of the province. It was then very ill prepared for resistance, scarcely at all fortified, and defended by General Sheaffe with only about 600 men. On the morning of the 27th they reached the place, and succeeded in landing, when, after a brave defence, protracted till two o’clock, the English were obliged to abandon the town. The invaders suffered chiefly by the explosion of a mine, which killed or wounded about 260, including among the former General Pike, a young officer of distinguished merit, who had planned and conducted the attack. After burning all the public buildings, they carried off the artillery and naval stores, and by the 1st of May evacuated the place.
The next enterprise was still more important, being directed against Fort George, near Newark, at the entrance of the Niagara channel, considered the chief military position in the country. Nearly the whole force was employed, a small part only being left to defend Sackett’s Harbour. Brigadier-General Vincent, on the other hand, had only a British detachment of about 1,000 regulars, and 300 militia; and Newark had been exposed to so severe a fire from the American fort on the opposite side, that it was no longer defensible. The enemy, therefore, could be resisted only by opposing his landing, or by beating him afterwards in the field. When Commodore Chauncey, on the 27th of May, disembarked 4,000 men, under Dearborn and Lewis, both these operations were attempted; but, after a long and severe contest, were rendered unavailing by the superior numbers of the invaders. Vincent was obliged, after calling in the garrisons of Chippeway and Fort Erie, to retreat, first to the Beaver Dams, and then to Burlington Heights, near the western extremity of Lake Ontario. The victors could not intercept his retreat, but they established for the first time a regular lodgement in Canada.
Meantime, a respectable naval force having been organised at Kingston by Sir James Yeo, Sir George Prevost, the governor, was prevailed upon to employ it in the attack of Sackett’s Harbour, defended only by a small party, while the main body of the enemy was employed against Fort George. He sailed on the 27th of May, with about 750 men, but on approaching showed considerable hesitation, and even gave orders for a return to Kingston, till, encouraged by the success of the Indians in capturing twelve boats with seventy dragoons, he succeeded in effecting a landing on the morning of the 29th. Notwithstanding the difficulties of the ground, he drove the enemy before him, till they took shelter in a log-barrack and stockaded fort: thence they kept up such a destructive fire, that General Prevost, considering it impossible to force the position, and panic-struck, it is said, by a false alarm raised by General Brown in his rear, ordered a retreat. Much difference of opinion, however, prevailed among the officers. Major Drummond is reported to have said, “A few minutes, Sir, and I will put you in possession of the place.” He was ordered to obey; upon which, discontent and a want of confidence in the Commander-in-Chief became general, and had a most injurious effect on the subsequent operations.
Fortune, so favourable to the Americans at the opening of the campaign, did not continue so throughout. Extraordinary exertions were made in the western States, particularly Kentucky. Two corps were formed, and despatched under Generals Winchester and Harrison, to march in different lines through Michigan; then to unite, and cooperate in recovering Detroit, and invading the adjoining districts. Winchester, suspected of a desire to achieve something before yielding the command to his coadjutor, advanced with about 1,000 men to French Town, within twenty-six miles of Detroit. Colonel Proctor, justly appreciating the importance of attacking him before the junction, hastily collected all the force within his reach, amounting to about 500 whites, and 450 Indians. With these, on the 22d of January, 1813, he succeeded in bringing the enemy to action. They made an obstinate resistance, and, being posted in houses and inclosures, caused considerable loss to the assailants; but they were ultimately overpowered, and nearly all made prisoners. The general himself was among the number, having fallen into the hands of a Wyandot Indian, who stripped off his uniform, adorned his own person with it, and could not without great difficulty be induced to make restitution.
General Harrison, on receiving intelligence of this disaster, took up a position near the rapids of the Miami, to await reinforcements. Colonel Proctor felt equally the importance of attacking him before their arrival. Having assembled about 1,000 regulars and militia, and 1,200 Indians, he embarked them at Amherstburg on the 23d of April, then sailed across Lake Erie, and up the Miami. Many delays, however, occurred, by which the enemy was enabled so to strengthen his position, that the attack made on the 1st of May had very little effect. The Americans were then encouraged to assume the offensive, which they did with large bodies of troops, partly landed from the river, partly sallying from the fort. At first they gained possession of the British batteries, but they were then attacked at different points with such decisive success, that upwards of a thousand were killed or taken, and the rest with difficulty found refuge within the entrenchments. These Proctor found himself still unable to storm; but he had so weakened the enemy’s force, as to remove all immediate danger of invasion.
Citadel of Kingston
(from the St. Lawrence.)
View from the Citadel of Kingston.
Let us now return to the main theatre of operations on the Niagara frontier, where we have seen the British driven before the enemy to Burlington Heights. Dearborn immediately sent forward Generals Chandler and Winder with 4,000 men, to destroy if possible this shattered remnant; a success which would have been followed by the conquest of all the western provinces. On the 5th of June they took post at Stoney Creek, to prepare for operations on the following day. In this critical situation, Lieut.-Colonel Harvey, having carefully reconnoitred the enemy’s position, suggested a night attack, to which General Vincent readily assented. It was made with 700 chosen troops, and being favoured by deep darkness, was completely successful; the Americans fled in every direction, and the two commanders, with seven officers and 116 men, were made prisoners. The British at day-light withdrew their small force. The enemy’s loss, indeed, had not been great; yet such was the panic inspired by the events of this night, that before eleven next morning they had abandoned their camp, and commenced a retreat to Forty-mile Creek, eleven miles distant. Here they received a reinforcement, but, being threatened by Sir James Yeo, who had come with a squadron and a small body of troops to support General Vincent, they determined on retreating to Niagara. Nor did their disgrace stop here. Intelligence being received that the English had a small advanced post at Beaver-dam, Lieut.-Colonel Boerstler, with about 700 men, was sent to attack it. That officer, however, being unexpectedly assailed, first by a party of Indians, and soon afterwards by a small body of regulars, conceived himself to be surrounded, and, on being summoned by Lieut. Fitzgibbon, surrendered his whole corps prisoners of war. The Americans now held nothing on the right bank of the river beyond Fort George. The British even made incursions on the opposite shore; in one of which Col. Bisshop gained possession of Black Rock, where he destroyed or carried off the arms and stores; but being unfortunately attacked while re-embarking, by a superior force, his party suffered some loss, and he himself received three wounds which proved mortal.
The British at this time gained some advantages on Lake Champlain, taking several vessels, and destroying the enemy’s magazines at Plattsburg and Swanton. They were now, however, destined to experience some severe reverses, and that too on the theatre of their most brilliant triumphs.
The Americans made extraordinary exertions to retrieve their affairs on the western frontier; volunteers crowded from Kentucky, a territory of fierce and war-like habits; and by September they had succeeded in augmenting General Harrison’s army to upwards of 5,000 men. They had formed another fortified station on Sandusky River, which Major-General Proctor, without success, attempted to reduce. A squadron of nine vessels, mounting fifty-six guns, had been equipped by them on Lake Erie, and it was with great difficulty that one at all able to contend with it could be fitted out by the British, under Captain Barclay. An engagement took place, which was maintained with the utmost obstinacy, and the American commodore’s ship had even struck her flag; but fortune afterwards turned, and the conflict ended in the defeat and entire surrender of the English squadron. The event reduced General Proctor to extreme distress, depriving him of access to supplies and reinforcements, while his stock of provisions had become quite inadequate for his own troops, and the numerous Indians who had joined his standard. On the arrival, therefore, in the end of September, of General Harrison at Detroit, he did not attempt to maintain his position at Amherstburg, but retreated up the river Thames. The other pursued him closely with 3,500 troops, while Proctor was deserted by most of his Indians, of whom he had now only about 500, with 800 whites. At the Moravian town, on the 5th of October, he took up a strong position, flanked by the river on one side, and a wood on the other, where he hoped to render unavailing the superior numbers of the enemy. Harrison, however, had with him a body of combatants yet unknown in warfare, the Kentucky mounted riflemen, accustomed to ride through the woods, using their weapon with almost preternatural skill. Their very novelty he justly hoped would make a strong impression. Following his instructions, they received the fire of their opponents, then galloped forward, and in a few minutes completely broke the British ranks, spreading among them a general confusion. The severest conflict was with the Indians, who lost their chief, Tecumseh, one of the bravest of the brave, stamped a hero by the hand of nature, and equally distinguished by policy and eloquence. The main object of his life had been to unite his followers in a grand confederacy against American encroachment. In enmity to them he had warmly attached himself to the cause of the British, and aided them in successive victories. He was shot through the head by Col. Johnson, a member of Congress. General Proctor retreated to Ancaster, where he could rally only 200 men, with whom he joined the Niagara army. Harrison, also, having thus recovered Michigan, and conquered the western districts, marched to reinforce his countrymen in that quarter.
The Americans now formed a plan of operations on a grander scale, directed against Montreal, the success of which would have placed in their hands the whole of Upper Canada. In this enterprise two armies were destined to cooperate; one, consisting of nearly 6,000 men, under Major-General Hampton, from Lake Champlain; the other, amounting to 8,800, under Major-General Wilkinson, from Grenadier Island, near Sackett’s Harbour, on Lake Ontario. As the city was defended by a very small proportion of the regular soldiers, who were chiefly employed in the upper province, Hampton hoped, by pushing vigorously forward, to capture the place with little difficulty. But having passed the frontier in the end of October, he found on the banks of the river Chateauguay the advanced corps of 800 British, with 172 Indians, commanded by Lieut.-Colonels De Salaberry and McDonnell. These officers posted their troops so judiciously amid woods, and so skilfully concealed the smallness of their number, that the Americans, though they made several brisk attacks, were always repulsed; and Hampton, believing himself opposed by a large force, determined to retreat.
Copp’s Ferry,
near Georgeville.
Meantime, the larger expedition, under General Wilkinson, having crossed Lake Ontario, entered the river St. Lawrence. At Williamsburg, two considerable detachments were landed, in order at once to clear the banks and to lighten the boats while descending the rapids. On the 11th of November, one of these, under Major-General Boyd, encountered Lieut.-Colonel Morrison, with an inferior British force. A very obstinate conflict ensued, in which both parties claimed the victory. The English seemed to have gained the chief honour; but their success was not so decisive as to prevent the enemy from continuing to descend the river towards Montreal. Near Cornwall, the commander received despatches from General Hampton, intimating that he declined the expected cooperation, and intended to fall back upon Lake Champlain. Wilkinson then conceived it necessary to give up for this season any attempt upon Montreal, especially as he found the population altogether hostile to the States, and attached to the British government. He therefore placed his army in winter quarters, near French-mills, on the Salmon river, where he formed a plan for attacking Prescott and Kingston; but finding himself much straitened for provisions, was induced to fall upon Plattsburg.
Meantime, the employment of the main army of the Americans in this abortive expedition, enabled their opponents to resume the offensive on the Niagara frontier. On the first intelligence of the disasters sustained in the west, General Vincent had been ordered to fall back upon Kingston; but he considered that circumstances now justified him in maintaining his position. The enemy’s force in this quarter was not only reduced, but was under the command, it was said, of an officer of little spirit or enterprise. On the advance of a strong detachment under Colonel Murray, he first fell back upon Fort George, then abandoned that post, previously to which he reduced the adjoining town of Newark to ashes. Murray was not content with driving him beyond the river; he crossed it, surprised and stormed Fort Niagara, taking above 400 prisoners, with a large quantity of arms and stores. The English afterwards surprised and plundered the villages of Lewiston, Black Rock, and Buffalo, where they retaliated, not very considerately, the outrages of this officer at Fort George.
Operations were recommenced early in the spring of 1814. Lieut.-Colonel Williams, with 1,500 British, having taken post at La Colle, on the river Richelieu. Wilkinson, who had upwards of 4,000 men at Plattsburg, determined to attack them. On the 30th of March, he completely invested a large mill, which the British had converted into a fortress. All his attempts to carry it were, however, fruitless. Major Handcock even made two attacks on the artillery posted in a wood, though without success. The American general finally gave up the undertaking, and fell back upon Plattsburg. In the beginning of May the British gained another advantage, carrying, though with some loss, the fort of Oswego, where they captured a considerable quantity of ammunition and stores.
The main effort of the Americans during this campaign was made on the Niagara frontier, where about 5,000 men were placed under Major-General Brown, an officer who had distinguished himself on several occasions. On the 3d of July, he crossed and summoned Fort Erie, which, with its garrison of 170, immediately surrendered. He then marched towards Chippeway, and beat at Street’s Creek the advanced guard of Major-General Riall, which had endeavoured to stop his progress. The English general was then obliged to retreat to Fort George, and thence in the direction of Burlington Heights. Brown hereupon laid siege to the fort, but finding it stronger than he expected, and being disappointed of assistance from Sackett’s Harbour, he fell back upon Chippeway. General Riall, on his part, having received some reinforcements, advanced; the armies came close to each other, and on the 25th the republicans commenced the attack. The battle of Lundy’s Lane was fought long, obstinately, and with various fortune; a great part of it amid thick darkness, which caused several strange mistakes. The American general and his second in command were wounded; and Riall, on the other side, was taken prisoner. By a singular accident, in the midst of the conflict, Lieut.-General Drummond arrived with a reinforcement from York, which restored the battle. Both sides claim a dearly-bought victory; but the real issue seems clearly indicated by the retreat of the Americans to Fort Erie. On the night of the 14th of August, Drummond made an attack on the place in two divisions; but his men, in both cases, were repulsed with very severe loss.
Meantime, another part of Canada became the theatre of important operations. After the successes of the allied powers in Europe, the capture of Paris, and the abdication of Napoleon, Britain was enabled to turn her whole strength against the United States, over whom a full triumph was then anticipated. A strong detachment from the south of France arrived in Canada, and enabled Sir George Prevost to place himself at the head of 11,000 men, with whom he undertook to carry the war into the enemy’s country. He proceeded to the attack of Plattsburg on Lake Champlain, defended only by 1,500 troops, the rest having been sent to the upper province. Macomb, the American commander, on being pressed by this superior force, fell back on his main position, which he strongly fortified. Sir George, on the 11th of September, arrived in front of it; but a flotilla, under Capt. Downie, destined to cooperate with him, was attacked by the enemy, and, under his very eye, completely defeated and captured. Conceiving, after this disaster, that any success in storming the enemy’s position would be fruitless, as to ulterior objects, and a useless sacrifice of men, he immediately withdrew his army. This course was not approved by all; and the general result, so contrary to expectation, gave rise to much discontent and recrimination.
The Americans were still strong in Upper Canada. On the 17th, General Brown sallied from Fort Erie, and, though driven back, caused a severe loss to the British, who soon after raised the siege. Being pressed by a large additional force under Izard, General Drummond retreated to the old position at Burlington Heights; but receiving a reinforcement, consisting of a detachment of the troops newly arrived from Europe, he again advanced. Izard evacuated Fort Erie, and took up winter quarters on the opposite side of the river. During this autumn the republicans gained some advantages on Lake Erie, but were repulsed with considerable loss in an attempt to recover Fort Michillimakinac.
The war, meantime, in other parts of America was productive of important events. The British obtained possession of Washington, where they destroyed the public edifices and property; but they were defeated in their attacks upon Baltimore and New Orleans. Thus, while one party felt itself engaged in an unequal contest, the other had not reaped the expected advantages from its superior means. Both became inclined for peace, which was concluded at Ghent on the 24th of December, 1814, upon terms, which, after this long and chequered contest, brought back the two powers to exactly the same position as when they had commenced.
Sir George Prevost was succeeded in April, 1815, by Sir George Gordon Drummond, under whom some discontents began again to appear. These referred chiefly to the conduct of the judges, whom the Assembly viewed with such jealousy, that they had impeached at one time the heads of the court both at Quebec and Montreal. In 1816, Sir John Coape Sherbrooke went out as Governor-General; and under his administration, at once vigorous and conciliatory, harmony was little interrupted. In 1818, he was instructed by Earl Bathurst to accept the offer formerly made, to pay the whole civil list out of the funds of the province; and he applied, not for a permanent settlement, but merely for the sum necessary to meet the current expenses. This was readily granted; and, in order to raise it, new taxes were imposed, of which, however, the Assembly reserved to themselves the appropriation. Sir John, being obliged by severe illness to return to England, was succeeded in 1818 by the Duke of Richmond. This amiable nobleman, though personally popular, introduced an innovation, which led to the long and serious conflict between the Crown and the Assembly. Instead of submitting, like his predecessors, a detailed estimate of every object of expenditure, he divided the whole into chapters, each comprehending a head or branch, the entire amount of which was alone specified. The Assembly refused to sanction such a change, and passed a vote according to the estimate of the former governor, stating each payment in detail. The legislative council, however, withheld their concurrence from this resolution; and the Duke, expressing his displeasure with the Lower House, had recourse to the irregular measure of drawing upon the receiver-general for the sum which he had demanded.
In September, 1819, his Grace’s life and government were suddenly terminated by an attack of hydrophobia. After short intervals, under the Hon. James Monk and Sir Peregrine Maitland, the Earl of Dalhousie, in 1820, was removed from Nova Scotia to Canada. This nobleman, possessing a high military reputation, and an amiable disposition, had been very popular in his former station; yet, sharing with his advisers, it is probable, those extreme monarchical ideas which had hitherto prevailed in the colonies, he was ill-fitted to meet the new crisis that had arisen. Having estimated 22,000l. as the amount necessary for the public service, in addition to the revenues vested in the crown, he solicited this sum as a permanent grant; but the Assembly refused to pass more than an annual bill of supply, in which they specified every item. The council again rejected their vote, with the entire concurrence of the governor, who hesitated not to draw upon the treasurer for even a larger amount than had been asked from the Assembly.
Earl Bathurst, on receiving notice of these proceedings, did not disapprove of Lord Dalhousie’s conduct, but strongly recommended economy. He directed also that two estimates should be presented; one, embracing the government expenses, to be defrayed by funds of which the crown claimed the entire disposal; the other to be employed on popular objects, in regard to which the members might be left uncontrolled. At the same time it was enjoined, that both of these should be given in full detail. This arrangement was well received, the required sum was voted, and the session terminated amid mutual courtesies.
In the year 1823, the popular cause was strengthened by the insolvency of the receiver-general, Sir John Caldwell; an inquiry into whose accounts had been vainly demanded by the Assembly, and who proved to be indebted to the public nearly 100,000l. When, in the following year, the governor presented his estimates, the representatives assumed a high tone; disputing the right of the crown to select the objects on which to employ its revenue; condemning the unlawful appropriation of public money; and materially reducing the amount of the sum demanded. These proceedings drew forth a strong expression of displeasure from Lord Dalhousie.
In 1825, the government, during his lordship’s temporary absence, was administered by Sir Francis Burton. This officer, anxious to conciliate the Lower House, yielded nearly all the points in dispute. He sanctioned a bill of supply, in which no distinction was made between the government and the popular expenditure; an annual grant being made, with considerable reductions, so that a virtual control over the whole revenue was thereby conceded to the members. Accordingly, they now openly claimed the right to appropriate all that was raised within the province, denying the privilege hitherto exercised by government—of the uncontrolled disposal of certain branches. These were the produce of duties on imports, imposed by act of parliament in 1774, and yielding annually about 34,000l., with some of smaller amount, arising from the sale of land, timber, and other casual sources. Earl Bathurst strongly disapproved of the concessions made by Burton; and Lord Dalhousie, having resumed office in 1826, disallowed a bill in which the above claim was incorporated.
Lord Goderich, who, in 1827, received the seals of the Colonial Office, though he maintained the right of government to dispose of the disputed revenue, yet directed that an offer should be made of resigning it to the Assembly, on their granting an annual civil list of 36,000l. On the meeting of that body, however, M. Papineau was elected speaker—an appointment which, on account of his violent opposition to the measures of administration, Lord Dalhousie refused to sanction. The consequence was, that no session of either house was held in the winter of 1827-1828.
Discontent had now risen to an alarming height; and in the latter year a petition was presented to the king, signed by 87,000 inhabitants, complaining of the conduct of successive governors, particularly of the Earl of Dalhousie, and urging a compliance with the demands of the Assembly. Mr. Huskisson, who had become Colonial Minister, moved that this petition should be referred to a committee of the House of Commons. One was accordingly named, composed, in a great degree, of members attached to liberal principles; who, after a very elaborate investigation, gave in a report, in which they strongly condemned the practice of appropriating large sums, taken from the public revenue, without the sanction of the representatives of the people. With regard to the main portion of the disputed income, being that produced by the duties of 1774, its disposal appeared, from the report of his Majesty’s law officers, to be vested in the crown; yet the committee judged, that the real interests of the province would be best promoted by placing the whole under the control of the Assembly. At the same time, they distinctly expressed their opinion that the governor, the judges, and the executive council, should be made independent of the annual votes of that body. They recommended that a more liberal character should be assigned in a more beneficial manner. Generally admitting that the grievances complained of were more or less well-founded, they advised a thorough and effectual redress.
This report appears to have given very decided satisfaction in the colony, and the Assembly ordered it to be printed, and 400 copies distributed. In a series of resolutions, passed on the 19th of March, 1830, they seem to limit their demands to the complete fulfilment of its provisions. Sir James Kempt, who was sent out in 1828, had been furnished with instructions to carry the recommendations of the committee into effect with as little delay as possible, and generally to follow a conciliatory system. He appears to have proceeded with zeal and efficiency in the prescribed course. Three new members were added to the legislative council, who are said to have been agreeable to the popular party. The judges, with the exception of the Chief Justice, whose advice on legal questions was considered desirable, were requested, with some earnestness, to resign their places in that body. They declined compliance, but agreed to take no share in its deliberations, and did not afterwards attend its sittings. New members were also added to the executive council, in which seats were even offered to Neilson and Papineau, the leaders of the opposition. The act, transferring to the Assembly the revenue in dispute, could not be obtained immediately, but it was promised on the first meeting of parliament. The Assembly, however, in voting the supplies of 1829, had proceeded on the supposition of having the whole at their disposal, and cut off several thousand pounds from the governor’s estimates; but as the vote did not appear to involve any absolute recognition of their claim, and as it seemed inexpedient to dispute a point virtually given up, Sir James yielded his assent. This step, though not approved by Sir George Murray, was not, under the peculiar circumstances of the case, positively disallowed. The governor is said to have treated the ruling party in the Assembly with a courtesy of manners to which they had not been accustomed; and on his departure, in 1830, addresses were presented to him by the most respectable inhabitants of Quebec and Montreal, which were signed by Papineau and other popular leaders.
Lord Aylmer immediately succeeded to the government. His communications with the Assembly were of the most friendly description; and though circumstances, consequent on the death of George IV., had still prevented the passing of the proposed act, it was promised with all practicable speed. Lord Goderich, who now presided in the Colonial Office, directed that the items, which had been again rejected in 1830, and amounting now to 7,500l., should not be longer pressed, but a compensation be requested for several individuals who had been thereby deprived of their income. On the 24th of December, his lordship sent two despatches, intimating his intention to bring in a bill, which should empower his Majesty to place the proceeds of the duties in question at the disposal of the Assembly. In return, that body was expected to make a permanent provision for the judges, as well as for the principal officers of government. The demand was fixed, according to a very moderate estimate, at 19,100l., which, by a grant of 5,000l., made in 1795, for the support of the civil government, would be reduced to 14,100l. It was intimated, however, that the casual and territorial revenues, arising from the sale of land, the cutting of timber, and other sources, were still to be considered as belonging to the king. They had amounted in the previous year to 11,231l., but were reduced, by expenses of collection and other deductions, to about 7,500l. This sum it was proposed to employ chiefly in paying the stipends of the clergy of the established church, hitherto drawn, not very appropriately, out of the army extraordinaries. It was urged, that these funds belonged legally and constitutionally to his Majesty, whose employment of them upon objects, not of mere patronage, but closely connected with the interests of the province, could not be reasonably objected to.
Lord Aylmer was well aware that this last reservation would be deemed very unsatisfactory; but he considered it most prudent to lay before the Assembly a full and frank statement of the views of government. That body, after inquiring into the mode of collection and amount of these revenues, passed a resolution, that, “under no circumstances, and upon no consideration whatever, they would abandon or compromise their claim to control over the whole public revenue.” Particular objection was also intimated to the support of exclusive religious establishments; doubtless, more strongly felt from the circumstance, that the church to be endowed was different from that of the ruling party. They determined, therefore, for the present, not to grant any permanent supply; and on the 8th of March, 1831, drew up, on the motion of Mr. Neilson, a pretty long list of grievances, which was presented to the governor. He expressed in return an earnest wish to know if these comprised the whole of their complaints; giving them to understand that silence would be construed into an admission of their being so. They were accordingly silent; passed a bill of annual supply; and showed, on the whole, a more favourable tone and temper.
His lordship transmitted the list of complaints, with an admission that many of them were well founded; at the same time eulogising the loyal disposition of the people of Canada. Lord Goderich, in a long reply, dated July 7, 1831, declared that there was scarcely a point which government were not ready to concede; and expressed his satisfaction at the prospect thus afforded of a termination to this long and harassing contest. This despatch was laid before the house, who, in a series of resolutions, declared their gratitude for the expressions of his Majesty’s paternal regard—the proofs of a just and liberal policy—and the feelings of kindness and good-will manifested in it. The different points to which it related were referred to separate committees.
Soon after, a despatch from the Colonial Secretary made known that the act for transferring the funds in dispute had passed the houses of parliament, and received the royal assent. Whether from extreme liberality or total inadvertence, it was so worded as to preclude the imperial treasury from ever exercising any control over them, leaving thus no room for negotiation with the Assembly. Lord Aylmer was instructed, however, to demand in return a grant of permanent salaries to the judges, who were also, according to the Assembly’s desire, to be made independent of the crown; and a similar provision was asked for the governor, and a few of the chief executive officers. This matter being referred to the Assembly, they began, on the 20th of January, 1832, with the first particular. On providing that the judges should be independent of the crown, and, with the exception of the Chief Justice, should not sit in the executive or legislative councils, it was determined that permanent salaries should be paid to them. But, at the same time, a motion of Mr. Neilson was carried by a large majority, that these should be drawn in the first instance from the casual and territorial revenues, which Lord Goderich had expressly reserved to the crown. Lord Aylmer considered it, therefore, necessary to send home the bill, yet with an advice to accept the terms, as the best there was any likelihood of obtaining. It was rejected, however, on two grounds: first, that it did not render the judges really independent of the Assembly, but left an annual vote still necessary. We cannot help suspecting that there was an unhappy misconception. The terms of the bill are, “that the salaries shall be secured to them in a fixed and permanent manner;” and “shall be taken and paid out of the proceeds of the casual and territorial revenue now appropriated by acts of the provincial parliament, for defraying the charges of the administration of justice, and the support of the civil government, and out of any other public revenue of the province which may be or come into the hands of the receiver-general.” It would appear that, according to the plain meaning of language, these terms involved a full warrant for payment. Probably Lord Goderich had legal advice, and some technical terms, usual in British acts, might be wanting; but a provincial legislature could scarcely be expected to be fully aware of these niceties. The legislative body, the governor, and we doubt not also the Assembly, had considered this as a permanent settlement; the latter, had it been so acted on, probably would not, and certainly could not reasonably have objected. The other ground was the encroachment upon the casual and territorial revenue, which, in this indirect manner, was considered peculiarly offensive, though Lord Goderich had been fully apprised of their determination against any agreement in which this article was not included.
The next question which came before the Assembly was—the demand of a permanent provision for the governor, and a certain number of the leading executive officers. After a long debate, however, it was carried by a large majority in the negative. This decision placed the Assembly completely at issue with the crown, and has been represented as a breach of faith on their part. They had not, it is true, come under any formal engagement; yet the report of the committee of 1828, which decidedly connected this arrangement with the cession of the disputed revenues, had always been referred to by them as embracing almost every thing desired; and to this part of it they had never hinted any objection. On the 6th of December, 1830, they had passed resolutions, insisting, indeed, on the control of the entire revenue; but expressing an intention, were this gained, to grant the permanent provision now demanded. That preliminary claim certainly embraced also the casual and territorial branches still withheld; yet these were not of great amount, and the present bill, like that relating to the judges, might have been so framed as to be inoperative without these funds being embraced by it. No reason was assigned; but the view of the Assembly is stated to have been, that the executive, not being dependent on them for a naval and military establishment, would, in case of such a permanent settlement, have been entirely free from that control which they sought to exercise over it. They passed, however, a vote of annual supply, which Lord Goderich, though much dissatisfied with the tenor of their proceedings, thought it expedient to sanction.
Next year (1833) the Assembly still granted only an annual bill, in which, according to a requisition of Lord Goderich, they stated the purposes to which each particular sum was to be applied. They added, without its being asked or wished, the individuals to whom it was to be paid; and appended a number of conditions, chiefly bearing, that such persons should not hold any other situation, and should not be members of the executive or legislative councils. This was considered objectionable, because public officers were thus suddenly deprived of situations which they had long held, without any consideration of their claims to compensation; also, because those regulations ought not to have been tacked to a money bill, but made the subject of a separate enactment. On these grounds this bill was negatived by the Legislative Council; and Lord Stanley, who had been placed at the head of the Colonial Office, intimated that, had it reached him, he could not have advised his Majesty to assent to it. In the same session, a measure was introduced for securing independence and permanent provision to the judges, in a form calculated to obviate Lord Goderich’s chief objections; but on the motion of M. Papineau it was rejected, and the speeches of the leaders of the Assembly are said to have implied, that it was no longer considered advisable to exempt these functionaries from their control.
The breach now continually widened. Lord Stanley, considering the conduct of the Canadians as manifesting a resolution to engross the whole power of the state, directed the funds, not yet made over by parliament, to be employed in the partial payment of the civil officers; and he is said to have determined to bring in a bill for repealing the act by which the concession had been made. Meantime the Assembly had raised, and placed in the front of their demands, a new article, which almost entirely precluded all hope of accommodation; namely, the abolition of the present Legislative Council, and the substitution of one elected like themselves by the body of the people. Such an arrangement was without example in any British colony; and the existing state of political feeling in the mother country would have rendered it scarcely possible for ministers to propose it in parliament. It had been first started in March, 1831, when Lord Aylmer had just gone out, with the announced intention of acting upon the report of 1828, and redressing, if possible, every grievance hitherto complained of. There seemed, therefore, room to suspect that the conciliatory disposition shown, instead of producing final satisfaction, had only prompted to higher demands, through the belief that by perseverance they would finally obtain whatever they chose to ask. Yet, though a resolution of the committee to that effect was approved by the members, it was not expressly included in the list of grievances then presented. But on the 20th of March, 1833, a petition to the King, signed by M. Papineau, speaker of the House of Assembly, strenuously urged this measure, and the calling of a body of delegates to arrange the conditions. The leading ones proposed were, a qualification in the electors of £10 in the country, and of £20 in towns; a certain income to qualify the councillor, and the duration of his functions for six years. Lord Stanley, in reply, said this was an object to which, deeming it altogether inconsistent with the very existence of monarchical institutions, he could never advise his Majesty to consent; and he particularly objected to the proposed mode of effecting it, by what he termed “a national convention.” A counter address, however, by the Legislative Council, was censured as intemperate in its language, and appearing to ascribe generally to his Majesty’s subjects, of one origin, views inconsistent with their allegiance. In conclusion, he alluded to “the possibility that events might unhappily force upon parliament the exercise of its supreme authority to compose the internal dissensions of the colonies, and which might lead to a modification of the charter of the Canadas.”
This despatch was submitted to the Assembly, and its entire tenor, particularly the implied threat at the close, excited the highest indignation in that body. They declined this year (1834) to pass any bill of supply whatever, and employed the session in preparing another long list of grievances. They complained that, while those formerly urged were still unredressed, there had been added the partial payment of the civil officers without their consent. They made a preparatory demand of the elective Legislative Council, without which nothing would be accepted as satisfactory. Lord Aylmer’s conduct was reprobated as violent, unconstitutional, and contemptuous, and his recall urgently demanded. The published correspondence assuredly does not bear out this charge. His addresses to the Assembly are particularly courteous; and he recommends generally to the government at home concessions so extensive, that Lord Goderich, himself considered liberal towards the colonies, refused to accede to them. The petition, however, was presented to parliament, and a committee appointed for its consideration.
Meantime, Lord Stanley retired from power, and was succeeded in the colonial department by Mr. Spring Rice. This gentleman renounced the design entertained by his predecessor, of recalling the revenues yielded to the Assembly, and gave intimation, it is said, that he would follow a more conciliatory course. He only asked a little time, till he could make himself master of the subject; and thus the popular leaders were induced to delay taking any strong measures. They bitterly complained, however, that the administration was carried on as before. Lord Aylmer was continued in the government; and, though the Canadian funds were not intrenched upon, a sum of £31,000 was advanced from the military chest for payment of the civil servants, by which their responsibility to the Assembly was equally evaded. Before Mr. Rice had matured his plan, he was removed from office by the accession of Sir Robert Peel to power. He stated that he had it completed, and was ready to submit it to the cabinet on the very day when this change occurred; an assertion which Mr. Roebuck treats with evident scepticism, though seemingly without any adequate ground.
Sir Robert, on assuming the reins of office, early directed his attention to the disturbed state of Canada. After some deliberation, he determined to send out a commissioner, with power to examine on the spot, and redress without delay, every real grievance which should be proved to exist. Even the casual and territorial revenues were to be surrendered, on condition of the settlement of a civil list for at least seven years. The elective Legislative Council, however, and the entire management of the public lands could not be conceded. Viscount Canterbury, the late speaker, was first invited to fill this important appointment; and, on his declining, it was conferred on Earl Amherst. This arrangement, however, was nullified by the vote which led to the resignation of Sir Robert, and the return of Lord Melbourne to power.
The restored ministry followed up, with certain modifications, the plan of their predecessors. A commission was sent out for inquiry only, and without the power of decision, composed of the following individuals: the Earl of Gosford, Sir Charles Edward Grey, and Sir George Gipps. The first, an Irish nobleman, professing principles decidedly liberal, succeeded Lord Aylmer as governor. Lord Glenelg, now the Colonial Secretary, drew up for their guidance a series of instructions, in which he considered the claim to the disposal of the entire revenue somewhat exorbitant, and not warranted by British example; yet was willing, for the sake of peace, to consent to it on certain conditions. These were—an independent provision for the judges, and salaries for the civil officers, fixed for a certain number of years; ten being mentioned as particularly suitable. With regard to the uncleared lands, the whole proceeds arising from their sale were to be placed at the disposal of the Assembly; but government could not consent to part with the management of them, or annul the contract made with the Land Company, though they would be ready to guard against all abuses, and even to receive any suggestions on the subject. The existing pensions were also to be retained, but the future power of granting them would be surrendered. In regard to the critical question of the elective legislative council, it was said: “The King is most unwilling to admit as open to debate, the question—whether one of the vital principles of the provincial government shall undergo alteration?” The right of petition, however, was fully recognized; and his Majesty would not “absolutely close the avenue to inquiry,” even where, “for the present, he saw no reasonable ground of doubt.”
“The Earl of Gosford, having arrived in Canada, lost no time in calling a meeting of the legislature, who were convoked on the 27th of October, 1835; and, in his opening speeches, he professed the most conciliatory views, particularly towards the French, or popular party. He avowed the opinion, that “to be acceptable to the great body of the people, is one of the most essential elements of fitness for public station.” He intimated his readiness to place the whole revenue at the disposal of the Assembly, on the conditions formerly stated. All the other grievances were to be carefully examined and redressed; and allusion was made to “still graver matters,” respecting which the commissioners “were not precluded from entering into an inquiry.”
The Legislative Council returned an answer, which, in all respects, was extremely moderate. They generally concurred in the sentiments of the speech, deprecated the idea that difference of origin should affect political rights, which ought to be equal to all his Majesty’s subjects. But the House of Assembly, while holding conciliatory language, advanced much more lofty pretensions. The change in the Legislative Council was repeatedly pressed, as absolutely essential to the tranquillity and contentment of the province. The entire control of the public revenue was referred to, not as a boon, but an incontestable and essential right; and, while they stated their readiness to consider attentively any measure tending to facilitate the exercise of this right, they avoided all mention of conditions to be performed in return. Notwithstanding the high ground thus taken, the intercourse between the popular leaders and the governor was extremely friendly. He admitted them to his table and his intimacy, and treated them on every occasion with much kindness. They were understood to represent the great body of the people, whom he had expressed his desire to conciliate; and he professed liberal views to those who would understand that term in its widest sense. So decided was the impression produced, that the opposite party loaded him with the bitterest invectives, and even threw out menaces of insurrection; while the leaders of the Assembly went so far as to intimate, that they would relieve the immediate financial embarrassments by granting the three years arrears, and a half year in advance. They attached to the grant somewhat hard conditions, which, however, were not rejected; and, on the remark being made, that these would ensure its rejection by the Legislative Council, an intimation is said to have been given, that it would be accepted directly by address, without being liable to the veto of that body.
This good understanding was suddenly interrupted. The governor’s language above cited, in regard to the Elective Council, had been very different from that of his instructions; not pledging him, indeed, to the measure, yet such as, combined with his other conduct, conveyed to both parties the idea that it was determined upon. This course is defended as the only one by which the supplies, so urgently wanted, could be obtained; and it was hoped, that, by a continued conciliatory course, the Assembly might, when the real intention of the cabinet could no longer be concealed, be induced to waive their demand. Any degree of duplicity in a government, however, must, when discovered, lower its dignity, irritate the deceived parties, and, at the same time, give them an impression of their strength, which had driven those in authority to such an expedient. Unhappily, all these effects followed before any of the expected fruits had been reaped. Sir Francis Bond Head had, at the same time, been sent out to Upper Canada; and, being a very straightforward person, and seemingly unapprized of Lord Gosford’s intentions, had made public a part of his instructions, including that momentous passage already quoted, relative to the Legislative Council. It was such as, though not wholly precluding discussion on the object, left to the popular leaders scarcely a hope of its attainment. Their rage knew no bounds; they complained, not only of disappointment in their favourite object, but of a deception by which they had been nearly misled. It was now determined not to grant the three years’ arrears, but merely a supply for the current half year, allowing only that short period to comply with their demands. This slender boon, too, was clogged with conditions, which, as had been foreseen, induced the upper house to reject it; so that the session, in all respects very stormy, passed over without any provision whatever being made for the public service. The Legislative Council felt naturally indignant at the violent attempts meditated for its overthrow; and instead of studying to show these to be unmerited, the members vented their resentment by rejecting almost every bill sent up from the Assembly. Among these was the vote, continuing the funds for national education, which were thus entirely withdrawn. All the political elements were disturbed, and in violent collision with each other.
The commissioners, in March 1836, viewing this state of things, and seeing no prospect of obtaining money to carry on the government, without immediately yielding to every demand of the lower house, considered it indispensable to obtain it without their consent. This, they thought, would be best accomplished by parliament repealing the act passed on the motion of Lord Goderich, by which funds to the amount of £38,000 had been made over to the Assembly. This would, indeed, excite bitter resentment; but, with the other reserved revenues, it would, at least, enable the government to proceed without any grants from that body. Lord Glenelg was not forward to act on this recommendation. He wrote to the Earl of Gosford, expressing a hope, on grounds which do not very distinctly appear, that the violent resolution complained of had been induced by the partial and imperfect knowledge of the instructions, and that a communication of the whole might lead to more favourable views. He expressed a wish, therefore, that the provincial parliament should be again called, and an opportunity afforded for retracting before recourse was had to extreme measures. The meeting was accordingly held on the 22d of September, 1838; but the majority soon presented an address to the governor, denying that, according to the apprehension expressed in his speech, they laboured under any kind of misconception; they saw nothing to make them change their views, or prevent them from insisting on the same demands, particularly that of the Elective Council. They adverted in an indignant manner to certain pretended authorities, as they termed the commission, and maintained that they themselves were the legitimate and authorized organ of all classes of inhabitants; that they had used their power in such a manner as ought to have secured confidence; and to them, not to a few strangers, ought to have been committed the fate of the country. They declared it their imperative duty to adhere to the contents of their last address—“and to them do we adhere.” They finally expressed a resolution not only to do nothing more in regard to supply, but to adjourn their deliberations altogether, unless government should commence the great work of justice and reform, particularly in regard to the second branch of the legislature.
Matters had now reached an extremity, which seemed to render it no longer possible to delay an interposition. The stoppage of the supplies, like the granting of them, was no doubt a right inherent in a representative assembly. Yet it is one, the exercise of which is attended with such formidable evils, that the Commons of England, during more than a century, had merely kept it in the back ground as a last resort, and never brought it into actual operation. The constitutional character of the measure became still more questionable, when employed, not to control the abuses of the executive, but to overthrow a separate and co-ordinate branch of the legislature, deriving its existence from the same source with the Assembly itself. This was a mighty change, amounting to a kind of revolution, and to be effected only with the utmost deliberation. The stopping the whole machine of government, and not allowing even an interval of time to effect it, was a measure of extreme violence. Had the popular leaders listened to the dictates of prudence and moderation, they might, availing themselves of the conciliatory disposition shown by the new governor, have obtained all their substantial objects. They would have gained the chief control in the executive, after which the Legislative Council, whom they continually reproached with subserviency to the latter branch, were not likely to persevere in unavailing opposition.
Ministers now determined no longer to delay measures for counteracting the proceedings of the violent party, and placing the executive government in a state of regular action. Parliament having assembled, and the reports of the commissioners laid on the table, Lord John Russell, on the 6th of March, 1837, moved a series of resolutions, on which acts were to be founded. After a statement of the actual posture of affairs, it was proposed that the sum of £142,000 should be taken out of the provincial funds locked up by the Assembly, and applied to the payment of the judges and other civil officers, down to the 10th of April. It was afterwards agreed, not, as the commissioners had recommended, to resume any part of the ceded monies, but, by a strict economy, to carry on the government from that date with the casual and territorial revenues, which circumstances had now raised to about £28,000. The elective Legislative Council, and the direct responsibility of the executive one to the Assembly, were both declared inexpedient; though it was stated as desirable, that considerable improvements should be made in the composition of both. These suggestions gave occasion to very warm debates. The Tories, while they supported the proposals of government, accused them of an imprudent indulgence and want of energy, which had emboldened the factious party to proceed to extremities. On the other hand, a small but active section of the popular leaders justified all the claims and proceedings of the Canadian Assembly, denounced the resolutions as unconstitutional and tyrannical, and predicted as their result civil war and the loss of the colonies. The motion of Mr. Leader, however, in favour of an Elective Council, was negatived by 318 to 56, and the cabinet measures were carried by overwhelming majorities;—but the death of William IV. intervened before they could be embodied in acts of parliament. The necessity of a dissolution, and the unwillingness to begin the government of a young and popular Queen by a scheme of coercion, induced ministers to substitute the expedient of advancing the amount by way of loan from the British revenue, in the prospect of being ultimately reimbursed from the provincial funds.
As an interval was to elapse between the passing of the resolutions and their being acted on, Lord Gosford was instructed to make a last trial of the Assembly, in hopes that, seeing such a vast majority in parliament against them, they might be induced of themselves to vote the money, and thus save the necessity of any unwonted interference. Already, however, several violent demonstrations had taken place. Meetings were held in the counties of Montreal and Richelieu, in which it was affirmed, that the votes of the Commons had put an end to all hopes of justice; and that no further attempts should be made to obtain redress from the imperial parliament. They considered the government as now only one of force, to be submitted to from necessity during their present weakness; and in order to reduce as far as possible its power, they declared that all consumption of British manufactures, and of all articles paying taxes, ought to be discontinued; and, finally, that a general convention should be held, to consider what further measures were advisable.
Lord Glenelg, in consequence of this state of things in Canada, had resolved to send out two additional regiments; but afterwards, finding this to be inconvenient, he gave authority to apply to Sir Colin Campbell for such force as could be spared from Nova Scotia and New Brunswick. On the 6th of May, the governor replied, that he had not the least expectation of anything serious, though, in case of a dissolution, he admitted that “there might be some broken heads.” On the 10th of June, however, upon learning that a system of organization was carrying on under the influence of Papineau, he applied to Sir Colin for a regiment, which arrived early in July. He had already issued a proclamation, warning the people against all attempts to seduce them from their allegiance. Meetings, numerously attended, were held in Montreal and Quebec, condemning the violent conduct of the House of Assembly, declaring attachment to British connexion, and deprecating any breach of the public peace.
On the 18th of August, Lord Gosford again called the provincial parliament. The resolutions were laid before the Assembly, with the expression of a hope that its proceedings would supersede the necessity of their being acted on. The changes in the constitution of the councils had been unfortunately delayed by difficulties as to certain appointments; but these improvements were solemnly promised. Warm debates ensued. Mr. Andrew Stuart, one of the members for Quebec, proposed a compliance with the request of government, which was negatived by 63 to 13. An address was then moved by M. Taschereau, a representative of the county of Beance, expressing a willingness to give a trial to the means proposed for amending the Legislative Council, but declining any grant till they were brought into operation. Another address, breathing the most determined hostility, was then moved, and carried by 46 to 31. It denounced the step now taken as an absolute destruction of the representative government in the province,—a total refusal of all the reforms and improvements demanded. If these resolutions were carried into effect, the colony, it was said, would no longer be attached to the mother country by feelings of duty, of affection, and mutual interest, but solely by physical force. In this conjuncture, they could see no motive for the slightest departure from their intention to withhold the supplies; and they adhered in every respect to their resolutions of 30th of September, 1836. Lord Gosford, in reply, gave utterance to his deep regret at measures which he considered a virtual annihilation of the constitution, and immediately prorogued the Assembly.
March on Lake Chaudière.
The Chaudière,
near Bytown.
The popular leaders seem now to have formed the resolution of having recourse to arms. They, as well as their organs in this country, had often asserted, and seem at length to have believed, that only an effort was required to sever the colonies from the mother country. This was a most hasty and inconsiderate conclusion. The example of the American colonies was referred to; but they were much stronger than the Canadians are now, while the power of Britain, on the other hand, was considerably smaller. Yet it was only after a long and calamitous contest of eight years, that they established their independence; and their success would have been doubtful, had they not been aided by a most powerful European confederacy. The aid of the United States was, indeed, held forth; but the latter had been so little disposed to intermeddle on such occasions, that they remained neutral during the long contest between Spain and her colonies, although her situation gave them little to dread from her resentment. It was therefore very unlikely that they should now engage single-handed in a contest with the whole power of Britain.
The meetings, in pursuance of these views, were not held on so great a scale, or in the same public and ostentatious manner, as formerly. They were numerous, however, and breathed the most hostile spirit, renouncing all hope of redress from the parent state, and pointing directly to a separation. A central committee was formed at Montreal, whose proceedings were, in a great measure, secret; and preparations were understood to be making for a general convention. It was nearly vain to attempt repressing the most violent demonstrations against the government, since no petty jury could be found to convict; and in two instances, when the evidence was considered perfectly conclusive, the bills were ignored by the grand jury. The governor, however, learning that numerous individuals, holding her Majesty’s commission, had taken a share in those meetings, caused letters to be written to them demanding an explanation. On receiving none that was satisfactory, he dismissed eighteen magistrates and thirty-five militia officers. Among the latter was Papineau, whose answer was couched in the most defying and contemptuous terms. He, it is observed, had now gone such lengths, as made it impossible for him to recede without losing all his influence—he must either be put down, or allowed to put down the government. In the beginning of October, the new arrangement of the two councils was carried into effect, at least to a great extent; but it excited little interest, and was rejected by the violent leaders as wholly unsatisfactory.
The malcontent party became every day bolder. An association was formed, under the title of “The Sons of Liberty,” who, without committing violence, paraded the streets of Montreal in a hostile and threatening manner. They emitted a proclamation, containing the most violent expressions. “The wicked designs,” said they, “of British authorities have severed all ties of sympathy for an unfeeling mother country.”—“A glorious destiny awaits the young men of these colonies;” and this was explained to be, “to disfranchise our beloved country from all human authority, except that of the bold democracy residing within its bosom.” They alluded to “the struggle for life and liberty, in which the day of glory arrives that will see us emerge from a long dark bondage to the splendour of light and freedom.” At the same time, in the county of Two Mountains, the people determined not to obey the magistrates appointed in the room of those displaced; an organization was formed of pacificator justices, to compose differences without recourse to the constituted authorities, and in whose decisions all true patriots were required to acquiesce. Meanwhile, the militia in that district were organized in a new form, under officers of their own selection, including those recently dismissed; and an active training was carried on. All loyal and neutral residents were, by violent measures, compelled either to join the malcontents or quit the territory, throughout which British authority entirely ceased.
No long time passed before this course of proceeding was imitated in the more populous portion of the Montreal territory, lying southward of the St. Lawrence. On the 23d of October, a meeting was held of the five counties on the Richelieu and the Yamaska, when a petition was presented from L’Acadie, to be admitted as a sixth. The petitioners used the most intemperate language, declaring themselves prepared to sacrifice every thing most dear to them in this world, to emancipate from a vile slavery the land that gave them birth. They renounced all principles but those of the purest democracy, and desired to place themselves under the guidance and behind the buckler of L. J. Papineau. At the meeting of the six counties, the numbers attending were variously estimated from 1,500 to 5,000, of whom a proportion were armed. Their resolutions, without absolutely announcing rebellion, went to place everything in preparation for it. The recent appointments to the two councils were declared wholly unsatisfactory, while the introduction of an armed force into the province was stigmatized as a new and enormous grievance. The magistrates and militia were to be organized after the model of those of the Two Mountains; and the example of the Sons of Liberty was also recommended, “that they might be prepared to support each other with promptitude and effect, should circumstances require them to protect and defend their threatened liberties.” A similar address was drawn up on the following day, and circulated through the province. The same course was followed, of compelling, by violence and threats, the officers to resign their situations or leave the country.
Lake of the Two Mountains.
St. John's, Richlieu River.
Government could not remain passive while its authority was openly set at nought, and insurrection matured under its very eye. Applications were made to Sir Colin Campbell for two additional regiments, and likewise for what force could be spared from the upper province. The zealous offers of the loyal inhabitants to place themselves in arms, which had been long declined from motives of prudence, were now accepted, and volunteer corps were zealously and rapidly organized. The catholic clergy took a decided part in the support of order and peace; and an address was published by the Bishop of Montreal, exhorting his flock against the violent and illegal proceedings now in progress. This, among a religious people, though it did not stop the career of those who had so deeply committed themselves, had probably a powerful effect in arresting the spread of the disorder, and keeping it confined, as it still was, to Montreal district.
The first blow was struck at the town now mentioned, between the Sons of Liberty, and a loyal association formed in opposition to them. The former were completely worsted, and pursued through the streets; none were killed, but several severely hurt, particularly Brown, from New York, who had assumed the title of their general. Papineau’s house, which the victors attempted to burn, was saved, but the office of the Vindicator newspaper was destroyed. Exaggerated reports of this affair being spread throughout the country heightened the general ferment; and it was announced from various quarters that resistance was daily extending, and assuming a more organized form.
It was now obvious that, unless some decisive steps were taken, the malcontent cause must continually gain new strength, and the connexion of the colonies with the mother country become seriously endangered.
The course deemed most effectual, was immediately to arrest the most active leaders. A warrant was accordingly issued at Montreal against twenty-six, of whom seven were members of Assembly, including Papineau and Viger. Nine were apprehended; but the arch-agitator himself had disappeared, and doubts were even entertained if he were still in the province. This step necessarily led to a crisis, especially as some of the warrants were against persons residing in the heart of the disturbed territory. Two being in the vicinity of St. John's, on the Richelieu, a party of eighteen volunteer militia were despatched thither to apprehend them. An oversight seems to have been committed in sending so small a force, not regular, into the midst of a hostile country. They succeeded, however, in capturing the parties; and an armed body of thirty, who appeared near Chambly, made no attempt to intercept them. Near Longueuil, however, they found a field on the right of the road occupied by 300 well-armed men, protected by a high fence. From this assemblage a fire was immediately opened upon the detachment, which, from its position, could not be returned with effect. Several were wounded, the rest retreated, and the two prisoners were rescued by the insurgents.
The standard of insurrection having been thus openly raised, it became necessary to act with the utmost promptitude. Information was received that Papineau, Brown, and Neilson were at the villages of St. Denis and St. Charles, on the Richelieu, which had been occupied by the armed inhabitants; and accordingly Sir John Colborne, the commander-in-chief, sent strong detachments under Colonels Gore and Wetherall, to attack these places. The former, on the 22d of November, having conveyed his force in a steamer to Sorel, proceeded up the river against St. Denis; but being obliged to take a circuitous route, through tracks which, from the previous rain, were knee-deep, the troops arrived in a very jaded state. Though the whole country was in arms, no serious resistance was encountered till they reached the village, the entrance to which was defended by a large stone house strongly fortified, from which, as well as from others on each side, a heavy fire was opened. A howitzer was brought up against it, whence round shot was fired, with a view to batter it down, but without effect. Captain Markham, with the advance, had gallantly cleared the way, and taken an adjoining house, but was then severely wounded, and obliged to quit the field. Finding that no impression could be made on the main barrier, that his ammunition was nearly exhausted, and that the troops were overpowered with fatigue, Gore considered a retreat unavoidable. It was effected without serious inconvenience, though it became necessary to leave a cannon on the road, while his loss was six killed, ten wounded, and six missing. No blame seems to have been attached to the colonel, whose means, especially in ammunition, were scarcely adequate; but this second advantage, gained by the rebel cause at the opening of the contest, was a most unfortunate circumstance, and, unless counteracted, might have spread disaffection to an alarming extent.
Fort Chambly.
Meantime, Colonel Wetherall, with his detachment, proceeded by way of Chambly to St. Charles, a point higher up the river. He was delayed in a similar manner by the badness of the roads; and, on reaching St. Hilaire, found it necessary to procure another company from Chambly, and even to send a messenger to Montreal, we presume, for further aid. Having reason, however, to consider his communications with that place intercepted, he determined, on the 26th, to advance to the attack. About 1,500 insurgents, under the command of Brown, had posted themselves in the village, and surrounded it with a strong stockade. The English commander, on his arrival, drew up his force at a short distance, in the hope of producing some defection; but none taking place, and a heavy fire being opened upon him, he pushed forward to the assault. In about an hour the intrenchment was carried, the fortified houses and palisades were set on fire, the troops were masters of the town, and the rebels fled in every direction. The carnage was great; the entire loss of the malcontents being about 300. Charges have been made of severe and vindictive proceedings, which we should hope are exaggerated. Another body took up its position in his rear, with the view of cutting off his return to Chambly; but when he approached them, on the 28th, they broke and dispersed at the first onset.
The affair of St. Charles decided the fate of the contest. A general panic spread among the peasantry, and they began to consider themselves betrayed by leaders, who did not show the courage expected of them in the hour of trial. Colonel Gore, strongly reinforced, again advanced upon St. Denis, which he entered without resistance on the 2d of December, Neilson and Brown having quitted it on the preceding evening. He then marched upon St. Hyacinth, but found it also undefended, and made a vain search for Papineau. The chiefs, renouncing their hopes, were already seeking safety in the territory of the United States. Brown reached it with great difficulty—through many perils; Neilson was taken in a barn, conveyed to Montreal, and thrown into prison. Papineau could not be traced; nor is there any record of his having compromised his personal safety in a contest which he had been the main instrument in exciting.
Attempts, however, were made to support the cause from a quarter which, under certain circumstances, might have proved very formidable. The United States contained many individuals disposed to sympathize deeply with the Canadians, and many restless spirits were inclined to join them, allured by the promise of large lots of confiscated land. Even in the present hopeless circumstances, 200 passed the frontier; but before Sir John Colborne could send a force against them, a party of the volunteers of Missiqui county, under the command of Capt. Kemp, took arms, and drove them back with some loss. Thus, the whole of the six counties, so lately in open rebellion, were in a fortnight reduced to perfect tranquillity.
There remained still the districts of Two Mountains and Terrebonne, north of Montreal, where insurrection had been first organized, and still wore its most determined aspect. Sir John Colborne had judiciously postponed operations against this quarter, till, the south being completely tranquillized, he could direct thither his whole force. On the 14th of December, he marched in person, with about 1,300 regular and volunteer troops, against the large village of St. Eustache. The disasters of their brethren elsewhere had spread a well-founded alarm; and the greater number of the men and their leaders, including Girod, the supposed commander-in-chief, fled precipitately. About 400 of the most desperate, however, continued to occupy a church and adjoining buildings, which had been carefully fortified; and here so obstinate a stand was made, that a British detachment was at one point made to recede. But fire having reached the adjacent edifices, soon spread to the church itself, the defenders of which were thereby speedily dislodged; while the troops, being protected by the houses, did not lose more than one killed and nine wounded.
Colonel Maitland now marched towards St. Benoit, the chief village of the Grand Brulé district, which had been the focus of insurrection; but on his way he met a deputation, tendering the most humble submission, and he entered the place without resistance. Unfortunately, the loyal inhabitants, who had been plundered and driven out of the country, could not be restrained from acts of violence, and a considerable portion of the houses were reduced to ashes. Maitland, after occupying St. Scholastique, returned to Montreal, leaving the district in a state of perfect tranquillity. The people, complaining that their chiefs, after instigating them to revolt, had deserted them, seemed determined not to be again seduced into such a course. Several of the leaders were taken; Girod himself, being surrounded, so that he could not escape, committed suicide.
Upper Canada, meantime, had become the theatre of important events. For a considerable time, especially since the residence there of M. Gourlay, a party had existed supporting extreme political opinions. These, it is true, were not embittered by any feelings arising from difference of race; but many of the inhabitants had emigrated from the United States, to whose institutions they were naturally partial. They gained over a number of the British residents, influenced by the usual motives, and who complained especially of the favouritism shown in the granting of land. These grounds of discontent were carefully investigated by the committee of 1828, and instructions issued by Lord Goderich, which here, as in the lower province, gave general satisfaction. The discontented party, however, proceeded from one step to another, till Mackenzie, Duncombe, and other leaders, scarcely made any secret of their desire to separate from Britain and join the American Union. In 1834, this party, for the first time, obtained a majority in the Assembly; and though they had hitherto confined themselves to complaints on particular subjects, they now commenced a general opposition to the royal government; and at length, as in the other province, came into violent collision with the Legislative Council. They transmitted to the King a long and elaborate list of grievances, complaining that the officers in the colony were too numerous, too highly paid, and the holders removable at the pleasure of the crown; that support had been unduly given to particular religious establishments; and that Lord Goderich’s recommendations had been by no means fully acted upon. They also urged, with the same vehemence as in the sister colony, the demand for an elective legislative council.
Toronto.
This union of the two provinces, pushing with equal zeal the most extreme measures, brought affairs into a somewhat hazardous position. When Lord Gosford and the commissioners were sent to Lower Canada, the ministry placed the upper province under Sir Francis Head, a man of literary talent, and of peculiar firmness, shrewdness, and energy of character. Having arrived early in 1836, as already related, he took the straightforward course of at once publishing the extent and limits of his instructions; at the same time assuring the people of his most zealous efforts to remove every practical grievance. The Assembly, however, were by no means satisfied; and another ground of contest soon arose. Sir Francis added to the executive three members, whose appointment was highly satisfactory to the popular party; but, as several weeks elapsed without their having been consulted on any subject, they stated in a letter that they considered themselves thus rendered responsible for measures in which they were allowed no share, and therefore tendered their resignation. While accepting it with regret, he maintained that he lay under no obligation to consult them on every measure; but was at perfect liberty to judge of the occasions on which the public interest might require their aid. The House of Assembly immediately took up the affair, and having, agreeably to request, been furnished with a copy of the correspondence, drew up a report, and afterwards a long address to the King, strenuously controverting the governor’s doctrine; and, in the course of it, broadly charging him with “deviations from truth and candour.” Proceeding in the same hostile spirit, they, for the first time, stopped the supplies; in consequence of which Sir Francis reserved all their money bills for his Majesty’s decision, and rejected the application for payment of their incidental expenses.
All hopes of accommodation being thus closed, he determined, on the 28th of May, to make an appeal to the people by a new election. It was contested by an extraordinary ardour; and a war of manifestos, proclamations, and addresses was forthwith waged between the parties. Perhaps no ruler ever effected more by writing than Sir Francis. The frank, energetic, and popular style in which his addresses were penned, produced an extraordinary effect; and already the peaceable inhabitants had begun to shrink from the extremes into which the popular leaders were hurrying them. These several causes produced the important result, that, in the new Assembly, a decided majority supported the constitutional side. The demagogues complained to the ministry that this effect had been produced by illegal means—by extraordinary grants of land, and even by violence and bribery. The Assembly, however, after strict inquiry by a committee, declared these allegations to be utterly false, expressing, at the same time, the strongest attachment to the mother country and to the governor.
During this tranquil and satisfactory state of Upper Canada, insurrection broke out in the lower province; and Sir Francis being requested to state what force he could spare, his answer was, “All.” He considered it not only practicable, but desirable, that every soldier should be removed out of his district, and a full display thus made of its loyal and peaceful condition. He caused the arms to be deposited in the city-hall of Toronto, under charge of the mayor, declining even to place a guard over them to prevent sudden capture. In this state of things, Mackenzie determined to make an attempt upon the capital. Having a number of small detached parties throughout the province, who were ready to obey his mandate, and had even been trained to the use of weapons, he ordered them to assemble on the 4th of December, on the great road, called Yonge-street, leading to Lake Simcoe. Hurrying by cross-paths through the forest, they mustered at Montgomerie’s Tavern, about four miles from Toronto. Their numbers, at first estimated at 3,000, are not supposed to have exceeded 500. With the view of effecting a surprise, they attacked every one going to the city; among whom, Col. Moodie, a distinguished officer, was wounded, and died in a few hours. Alderman Powell, however, having shot one of his assailants, escaped, roused the governor, and gave the alarm; upon which Sir Francis ran to the town-hall, where he found the chief-justice with a musket on his shoulder, surrounded by a band of brave men, who had hastily assembled. The arms being unpacked and placed in their hands, they posted themselves in a defensive attitude at the windows of the building, and of others flanking it. But Mackenzie, presuming that Powell would instantly give notice, did not venture to advance—a pusillanimous resolution, assuredly, since he could never again expect so favourable an opportunity. By morning 300 royalists were mustered; and in the course of the day Mr. Allan McNab, speaker of the House of Assembly, arrived with sixty from the Gore District, and others from different quarters raised the number to 500. On the 6th, the force was considered sufficient for offensive operations; but the governor, anxious to avoid the effusion of blood, sent a message to the insurgents, inviting them to lay down their arms. Mackenzie offered to comply, on condition that a national convention should be called, allowing till two o’clock for the answer; but as no reply could be given to this proposition, arrangements were immediately made for an attack on the following day.
On the 7th of December, at noon, the whole force marched out. In this civic array, principal commands were held by Col. McNab, the present, and Mr. Justice McLean, the late speaker of the Assembly; while the clerk of the House officiated as adjutant-general. The rebels had occupied an elevated position in the front of the tavern, where, being in some degree protected by houses, they endeavoured to make a stand; but the militia advancing to the charge, with the utmost enthusiasm, soon broke the whole corps, which dispersed in every direction, Mackenzie himself escaping with extreme precipitation. They were pursued four miles; two of the chiefs were taken; the tavern was burnt to the ground; and the revolt was so completely quashed, that Sir Francis considered he might safely exercise the attribute of mercy, by dismissing the greater part of the misguided prisoners.
Fish Market, Toronto.
The militia, meantime, had been marching toward Toronto in vast numbers; 2,600 from the Newcastle district; and in all upwards of 10,000. Immediate notice was now issued, that they might return to their homes; and those of the eastern districts were authorized to give their aid to Lower Canada. As it was understood, however, that Duncombe had assembled a corps in the London district, which had been a main seat of faction, Col. McNab was sent thither with a sufficient force. On its approach, the chiefs disappeared, and about 300 of their followers laid down their arms, expressing deep regret, and even a readiness to serve in the royal army.
The insurrection had thus been entirely put down, and Upper Canada was everywhere completely tranquil, when a sudden danger arose, which threatened to become very serious. Mackenzie fled to the town of Buffalo, in which he held crowded meetings, and kindled a considerable enthusiasm in his cause. Besides the prevalent democratic feeling, commercial distress had thrown numbers out of employment, who were ready to engage in any desperate enterprise. Some of a more opulent class furnished resources; while Van Rensselaer, Sutherland, and other individuals acquainted with military service, presented themselves as leaders of the armament. Thus, a small corps was quickly assembled, which took possession of Navy Island, situated in the Niagara channel, between Grand Island and the British shore, which they fortified with thirteen pieces of cannon. Hence Mackenzie issued a proclamation, in the assumed name of the Provisional Government of Upper Canada. Volunteers were invited from that country, and from the States; being assured, that out of the ten millions of acres which victory would place at their disposal, each should receive 300 in full property. There was to be no more dependence on Downing-street; the Assembly, council, governor, and officers were all to be elected by the people. Trade was to be freed from all restraints; and, in a strain of rhodomontade, it was added, that the largest vessels would be able to ascend to Lake Superior. Recruits continued flocking to this post, till their numbers amounted to about a thousand. Col. McNab soon arrived with double that number of militia; but he wanted materials for crossing the channel, and forcing the strong position held by the rebels.
All eyes were now turned to the government of the United States, on which the question of peace or war evidently depended. As soon as the first notice was received, there was displayed the most sincere determination to maintain a strict neutrality. Van Buren, the president, issued two successive proclamations, warning the people of the penalties to which they would become liable by engaging in hostilities with a friendly power; and the debates in congress displayed the most complete unanimity against any measure which might commit the American government in such a contest. Clay, Davis, Benton, Calhoun, leaders of opposite parties, united with one voice in this sentiment. The last of these declared, that, “of all calamities which could befall the civilized world, a war with Great Britain would, at this moment, be the most to be deplored.” There was scarcely time for a legislative enactment; but the president appointed General Scott, a veteran officer of energetic and decisive character, to take the command of the disturbed frontier.
Meantime, an event occurred, which, while it weakened the insurgents, excited a strong fermentation among their adherents. A small steamer, named the Caroline, had been purchased, or at least was regularly employed by them, between Fort Schlosser, on the American shore, and Navy Island, conveying to the latter troops and stores. Capt. Drew was instructed by Col. McNab to intercept her return. He did not succeed; but seeing her in the channel, moored to the American shore, determined to attack her. He approached undiscovered to within twenty yards; and being then asked the countersign, promised to show it when on deck. The Caroline immediately opened a fire, but the British boarded, and in two minutes were masters of her. Those who resisted were killed or made prisoners; while others, who appeared to be peaceable citizens, were put on shore. The vessel itself, which the strength of the current made it inconvenient to tow across, was set on fire and abandoned, when the stream hurried it rapidly to the brink of the great cataract, down which the flaming mass was precipitated. The wild and picturesque character of this scene acted strongly on the imagination, and the Americans resolutely, though, it would appear, without reason, asserted that unoffending persons had been involved in the massacre, and several even hurried down the awful abyss.
The loss of the Caroline was soon followed by the arrival of General Scott, who took vigorous and effective measures to prevent any supplies or recruits from reaching Navy Island. Meantime, the force of the assailants was continually augmented; two companies of regulars, with a train of artillery, had been sent from Lower Canada, and a tremendous cannonade was commenced. The insurgents, seeing their position become every day more desperate, determined to evacuate it—an object which they effected on the 14th of January. Van Rensselaer and Mackenzie were arrested by the American authorities, but admitted to bail.
Sutherland, with a party of the fugitives, hastened to the extreme west, where, being reinforced by some adventurers in that quarter, they attempted an establishment on Bois Blanc, an island in the Detroit channel. A body of troops, however, was soon despatched against them; and a vessel, containing not only supplies, but several chiefs dignified with high military titles, was captured. Finding it impossible to maintain themselves there, they sought an asylum on Sugar Island, which belongs to the United States. General Scott, meanwhile, was hastening to the place; but Mason, the local commander, addressed the refugees, and by mere dint of remonstrance prevailed upon them to disperse. Attempts were made at other points to form tumultuary assemblages for invading Canada; but, under the altered circumstances, these did not excite any serious alarm.
Navy Island
(from the Canada side.)
Meantime, intelligence of the first insurrectionary movements reached Britain, where it excited the strongest sensation. A few of the popular leaders exulted in the event itself, and in the anticipation of its triumphant issue; but the nation, in general, by no means shared this sentiment. The Tories, though they accused government of having, by want of energy, prepared this convulsion, expressed their cordial concurrence in all the means suggested for its suppression. As the house was about to rise for the Christmas holidays, ministers proposed, that, instead of postponing their meeting, as usual, till the beginning of February, they should fix it for the 16th of January, when, according to the course of events, suitable resolutions might be adopted.
Parliament had no sooner reassembled, than information arrived, which left no room to doubt that the rebellion would be suppressed without having assumed any formidable character. The aims of the government were therefore directed towards reorganizing the executive on such a footing as, without suppressing Canadian liberty, might secure future tranquillity. But it was considered indispensable, for the present at least, to suspend the constitution of the lower province. A council was to be named by the Queen, which, with the governor, might exercise the functions now performed by the two legislative bodies; but their powers were not to last beyond the 1st of November, 1840, nor were any of their enactments, unless continued by the proper authority, to be valid beyond the 1st of November, 1842.
Sir John Colborne, then acting as provisional governor of Lower Canada, was instructed to carry these measures into immediate execution. The ministry, however, had determined upon a farther step, with a view to the ultimate settlement of the province. The Earl of Durham was solicited and prevailed upon to undertake its government, as well as that of all British America; and also to turn his attention towards an improved plan for its future management. His lordship’s high reputation as a statesman, and the liberality of his views on political subjects, seemed to afford a security that he would act with vigour, and at the same time with a strict regard to national freedom. He was empowered to form a species of representative council, composed of thirteen members from each province, but to use them merely as advisers, and to call and dismiss them at pleasure.
On the 29th of May, 1838, his lordship arrived at Quebec, where he was received in the most cordial manner, for all parties seemed to unite in expecting from him a settlement of those dissensions which had so greatly distracted the country. In his subsequent progress to other districts, and to Upper Canada, as far as Niagara, he met similar expressions of confidence and congratulation. He was soon, however, called to decide upon a delicate and difficult question, which Sir John Colborne had thought it expedient to reserve for his determination. Wolfred, Neilson, Bouchette, Viger, and other individuals of some distinction, were lying in the jail of Montreal, charged with high treason. Some strong punishment was necessary to mark their crime, and deter from its repetition; yet an impartial jury could not be expected for their trial, which besides would have reopened all those party animosities which it was the object of his lordship to appease. Under this view, he adopted the following course: the prisoners, having been induced to make a confession of guilt, were sentenced to be deported to Bermuda, and to be there kept in strict surveillance. If they should ever return to Canada, without leave from the governor, they were to suffer the penalty of death. The same was awarded to Papineau and others implicated in the late rebellion, but who, after its disastrous issue, had fled the country.
As soon as this ordinance was known in Britain, it created an unusual excitement in the legislature. Lord Brougham, in the House of Peers, made a motion, declaring it illegal, as condemning to death without trial, and to transportation to a colony which was not within the jurisdiction of the governor-general; but, under the peculiar circumstances of the case, he proposed a grant of indemnity. This vote, though strenuously opposed by Lord Melbourne, was carried in the Upper House by a considerable majority. Ministers then, having received from the law-officers of the crown an unfavourable report, at least as to the last particular, considered it impossible to make any farther resistance. They annulled the ordinance, but at the same time conveyed to Lord Durham expressions of their regret, of their general approbation of his measures, and of the unaltered confidence with which they regarded his administration.
His lordship, however, was not of a character to brook this interposition. He had, it is true, passed the limits of strict law; but he maintained that these were scarcely applicable in the critical and convulsed state of the province; that the sentence was lenient; and, on the principle of volenti nulla fit injuria, the parties concerned could not be wronged by a decision in which they had cheerfully acquiesced. In short, there being no substantial injustice inflicted, Lord Durham thought he had reason to complain that his scheme was not allowed a fair trial. He had, perhaps, an equal ground of dissatisfaction in reference to the hostile interference of the opposition lords, and more especially because the ministers, his employers, did not resist it to the utmost. Yet it would certainly have been more magnanimous on his part, had he endeavoured, under every discouragement, to have done his best to accomplish his undertaking. He yielded too far to passion and pride, when, even before receiving the official accounts, he publicly announced his intention of throwing up the administration. He did not even follow the established course, of requesting her Majesty’s permission to resign, and waiting till he received it. In announcing, too, the disallowance of the ordinance, he commented on the decision with a severity which was considered irregular, and tending to compromise the royal authority. On the 1st of November his lordship set sail from Quebec, and on the 26th arrived at Plymouth.
Meantime, a fresh storm of rebellion brooded over the province. In the course of the summer, even amid apparent quiet, the burning of a steam-vessel, called the Sir Robert Peel, in the St. Lawrence, and the acquittal of the murderers of Chartraud in the face of the clearest evidence, showed that the spirit of disaffection was still deeply cherished. By the beginning of winter, arrangements had been made for a general rising of the habitans, supported by a numerous body of American citizens, who, under the title of sympathizers, had vehemently espoused their cause. Arms and ammunition had been clandestinely introduced; and a species of association, bound by secret oaths and signs, had been formed along the whole frontier. Lord Durham imputes this movement to the proceedings at home, which had shaken the confidence in his authority, and raised the hopes of the disaffected; but Sir John Colborne considers that those preparations had been actively pursued ever since the preceding June. The government of the United States, though they had no adequate power to prevent the part taken by their subjects, showed a good disposition, by giving the first intimation of what was going on to Mr. Fox, the British ambassador at Washington. The tidings were soon confirmed from other quarters; and Sir John Colborne lost no time in putting the province in a state of defence, and procuring an additional force from Nova Scotia.
On the night of the 3d of November, a concerted rising took place in all the southern counties of Montreal District; but, owing to some failure of arrangement, the stations along the Richelieu were not found supplied with arms according to appointment, so that most of the inhabitants there dispersed and returned to their homes. The chief seat of insurrection was now farther west, between that river and the St. Lawrence. There three arch-rebels, Dr. Robert Nelson, Côte, and Gagnon, had collected about 4,000 men, and established their head-quarters at Napierville. Their first object was to open a communication with their friends in the States, for which purpose 400 men were detached to the frontier. There a body of British volunteers, as brave as loyal, had stationed themselves, by whom the rebels were attacked, and obliged to retreat with great loss. To retrieve this disaster, Dr. Nelson, with upwards of 900 men, marched against the loyalists. The latter, only 200 strong, took post in Odelltown chapel, on which the enemy commenced a brisk attack; but, after two hours and a half, were obliged to retreat, with the loss of one hundred killed and wounded. The defenders had an officer and five men killed, and nine wounded.
Meantime, Major-General Sir James McDonnell, under orders from the governor, with seven regiments of the line, crossed the St. Lawrence, and marched upon Napierville. The rebels, discouraged by former losses, after a vain attempt to unite their forces, dispersed in every direction without firing a shot. They still retained a post at Beauharnois; but Col. Carmichael, with a detachment of regulars, and 1,000 Glengary militia, drove them out, though with the loss of two men killed and the same number wounded. Mr. Ellice, and a party of friends, who had been made prisoners by them at the outset, were allowed to return to Montreal. On the 11th, a week only after the first movement, McDonnell could announce that the insurrection was completely at an end, without the rebels having been able to open any communication with their supporters beyond the frontier.
We must now turn to Upper Canada, where, even before the former outbreak, Sir Francis Head had resigned. The immediate cause was the disapprobation expressed by Lord Glenelg for his removing Judge Ridout, on account of his democratical principles, and his refusing to obey an order to raise to the bench Mr. Bidwell, late speaker of the Assembly, and an opposition leader. He at the same time, in no measured terms, condemned the system of conciliation hitherto pursued in the Colonial Office, whose members he even branded as republicans; insisting that a stern uncompromising maintenance of the monarchical principle, and the exclusion from office of all opposed to it, was the only basis on which Canada could be governed. Ministers unwillingly accepted his resignation; while the loyal inhabitants, among whom he had rendered himself highly popular, expressed on the occasion deep regret and disgust. Col. Sir George Arthur, who had previously held a similar situation in Van Dieman’s Land, was appointed to succeed him.
The new governor soon found himself involved in difficult circumstances; for, early in June, bands to the number of 1,000 or 1,200 Americans crossed the Niagara channel, and endeavoured to excite the people to insurrection. They attacked a party of fourteen lancers posted in an inn, and, by setting it on fire, obliged them to surrender. But no sooner did they learn that Sir George had arrived at Niagara, and that the country was rising against them, than they hastily recrossed the frontier, leaving about forty prisoners, among whom were Morrow and Waite, the first and second in command. In the end of June, a smaller party passed the St. Clair, and invaded the Western District; but finding themselves unsupported, and the militia advancing, they returned, after losing a few of their number, who fell into the hands of the pursuers.
The Banks of the River Niagara
(below the falls.)
Quebec.
The summer now passed in comparative quietness, though the great movement at the beginning of November continued to be deeply felt along the upper frontier. Almost simultaneously with the rising in Montreal District, a body of about 400 sailed from the vicinity of Sackett’s Harbour, and landed at Prescott. On the 13th, Col. Young, with what force he could muster, and aided by Capt. Sandom, with an armed steamer, compelled a large proportion of them to disperse, while the rest took refuge in a windmill and an adjacent house built of stone, whence they could not be dislodged. Eighteen British were here killed and wounded. In the course of the day, Colonel Dundas arrived with four companies from Kingston, but considered the buildings, the walls of which were three or four feet thick, too strong to be reduced without cannon. A few guns and some additional troops being brought up, an attack was commenced on the 16th, when the party within the stone building, after some stand, sought to escape among the brushwood, but were all captured; upon which those in the mill displayed a white flag, and surrendered at discretion. The whole number of prisoners was 159. The militia, among whom some lukewarmness had been suspected, showed the utmost zeal, and mustered to the extent of 5,000.
The Niagara frontier was found by the enemy so well guarded, that no attempt was made there. But early in the morning of the 4th of December, about 350 organized at Detroit landed near Sandwich, set fire to a steamer and to the barracks, and killed several individuals in cold blood. Being as cowardly as cruel, they were no sooner attacked by a party of militia, than they fled either to the woods or to the American shore, leaving twenty-six killed and twenty-five prisoners.
The captives, on the former occasion, had been treated with extraordinary lenity; but this forbearance not having produced its due effect, and being loudly complained of by the inhabitants, it was judged necessary to exercise greater rigour on the present occasion. A considerable number of the ringleaders were accordingly put to death, and the rest condemned to severe or ignominious punishments.
| [4] | I extract the chief part of this resumée of Canadian history from the very clever work before mentioned, written for the Edinburgh Cabinet Library, by Hugh Murray, Esq. F.R.S.E. It is on the whole the best work on the subject that I can find, though, as the reader will doubtless see, it is written with a very strong national bias. With the reserve of my own opinion as to his colouring, I take the liberty to make use of the statements of Mr. Murray with little alteration, quite sure that no where else is to be found so able and enlarged a view of the period of history in question. |