The Rise of Canada, from Barbarism to Wealth and Civilisation. Volume 1

by Charles Roger

Not very long after the declaration of American Independence, Canada was divided, by Act of the Imperial Parliament, into two distinct provinces, called Upper Canada and Lower Canada. Mr. Adam Lymburner, a merchant of Quebec, not being particularly anxious for isolation, appeared at the bar of the House of Commons on behalf of himself and others. He was against the separation. The united province was not even in a condition to maintain a good system of government. Oppressed by the tyranny of officials, industry and improvement had been neglected, and a state of languor and depression prevailed. The public buildings were even falling into a state of ruin and decay. There was not a Court House in the province, nor a sufficient prison nor house of correction. Nor was there a school house between Tadousac and Niagara. The country upon the Great Lakes was a wilderness. Lymburner did not, however, prevail. The British government desired to put the United Empire loyalists upon the same footing with regard to constitutional government as they had previously enjoyed before the independence of the United States in that country, a condition about which a certain class of merchants in Quebec have always been indifferent. Lord Dorchester was appointed Governor-in-Chief in Canada, and administrator in Lower Canada, while General Simcoe was named Lieutenant Governor of Upper Canada. General Simcoe selected for his capital Niagara,[10] and resided there at Navy Hall. On the site of Toronto, in 1793, there was a solitary wigwam. That tongue of land called the peninsula, which is the protection wall of the harbour, was the resort only of wildfowl. The margin of the lake was lined with nothing else but dense and trackless forests. Two families of Massassagas had squatted somewhere in the neighbourhood of the present St. Lawrence Hall when General Simcoe removed to little York with his canvass palace, and drew around him the incipient features of a Court. The progress in material improvement in this country may be guessed at from the then condition and the present state and appearance of Toronto. The revenue of the country between 1775, and 1778, was not over £10,000. The salary of the Governor-in-Chief was only £2,500.

During the American War, the Canadians, though they exhibited no signs of disaffection to Great Britain, did not ardently lend a helping hand against the enemy. Being appealed to by Middleton, the President of the Provisional Congress of Rebel States,—who told them that their Judges and Legislative Council were dependent on the Governor, and their Governor himself on the servant of the Crown in Great Britain; that the executive, legislative, and judging powers were all moved by nods from the Court of St. James; and that the Confederated States would receive their ancient and brave enemies on terms of equality—the Canadians stood firm in their new allegiance. It is more than probable, indeed, that the bombastic state paper never reached the ears of those for whom it was intended. There was no press in Canada at that period, and only one newspaper, the "Quebec Gazette," established by one Gilmore, in 1764. Unable, as the majority of the French were, to read their own language, it was not to be expected that they could read English. Still less is it to be supposed that His Excellency Lord Dorchester circulated it in French. Lord Dorchester was exceedingly prudent in his administration of affairs, and,—unlike Governor Murray, who, by the way, was succeeded in the administration of the Government by Paulus Æmilius Irving, Esquire, with Brigadier General Carleton for Lieutenant Governor, obtained the affection of one race and the resentment of the other,—conciliated both races. His lordship, in one of his speeches "from the throne," tells us that he "eschewed political hypocrisy, which renders people the instruments of their own misery and destruction." There was, in truth, no Parliament, in the proper sense of the term, then. Such artifices as are now necessary for good legislation, had not therefore to be resorted to.

On the political separation of the two sections of Canada, it was agreed that Lower Canada should be permitted to levy the duties on imports. Of all imports, Lower Canada was to receive seven-eighths, and Upper Canada one eighth, and the revenue for the year following the separation was £24,000, including £1,205, the proportion of the duties belonging to Upper Canada. In those days, a week was consumed in the transport of the mail from Burlington in Vermont, via Montreal, to Quebec; but yet there must have been wonderful progress from Governor Murray's time,—during which a Mr. Walker, of Montreal, having caused the military much displeasure, by the imprisonment of a captain for some offence, was assailed by a number of assassins of respectability, with blackened faces, who entered his house at night, cut off his right ear, slashed him across the forehead with a sword, and attempted and would have succeeded in cutting his throat, but for his most manly and determined resistance—for on surrendering the government of Lower Canada into the hands of General Prescott, previously to going home to England, in the frigate "Active," in which he was afterwards wrecked on Anticosti, he was lauded in a most obsequious address, by the inhabitants both of Quebec and Montreal, the latter place then numbering a little more than 7,000 inhabitants, for his "auspicious administration of affairs, the happiness and prosperity of the province having increased in a degree almost unequalled." General Prescott, not long after Lord Dorchester's return home, in a frigate from Halifax, after the wreck of the "Active," was raised to the Governor Generalship. During the three years of this Governor's rule, nothing, politically or otherwise, important occurred in Canada. Great Britain was successfully engaged in war with both France and Spain, and in the former country a revolution had occurred which preceded one of the most terrible periods on the page of history. In Quebec, a madman named McLane, a native of Rhode Island, fancying himself to be a French General, conceived the project of upsetting British authority in Canada. He intended, with the co-operation of the French Canadians, to make a rush upon the garrison of Quebec. His imaginary followers were to be armed with spears, and he dreamed of distributing laudanum to the troops. Unfortunately for himself, he made known his plans to all and sundry, and was rewarded for his indiscretion by being hanged on Gallows Hill, as an example to other fools.

The next Governor of Lower Canada was Robert S. Milnes, Esquire. Under his sway, something akin to public opinion sprang up. So soon as the last of the Jesuits had been gathered to his fathers, it was the purpose of the Imperial government to seize upon the estates of "The Order." Mr. Young, one of the Executive Council, had, however, no sooner informed the House of Assembly that His Excellency had given orders to take possession of these estates as the property of George the Third, than the House went into Committee and expressed a desire to investigate the pretensions or claims which the province might have on the college of Quebec. The Governor was quite willing to suffer the Assembly to have copies of all documents, deeds, and titles having reference to the estates, if insisted upon, but considered it scarcely consistent with the respect which the Commons of Canada had ever manifested towards their sovereign, to press the matter, as the Privy Council had issued an order to take the whole property into the hands of the Crown. The House considered His Excellency's reply, and postponed the inquiry into the rights and pretensions alluded to. The next thing which this slightly independently disposed Assembly undertook, was the expulsion of one of its members, a Mr. Bouc, who had been convicted of a conspiracy to defraud a person named Drouin, with whom he had had some commercial transactions, of a considerable sum of money. He was heard by Counsel at the Bar of the House, but was believed to have been justly convicted, and was expelled. Again and again he was re-elected, and as often was he expelled, and at last he was, by special Act of Parliament, disqualified. Whether or not he was the object of unjust persecution by the government, the moral effect upon the country of the expulsion and disqualification of a person in the position of Mr. Bouc, cannot be doubted. The number of bills passed during a parliamentary session in those days, was not considerable. Five, six, or eight appear to have been the average. The income of the province was about £20,000, and the expenditure about £39,000. Under such circumstances, corruption was nearly impossible.

In the next session of parliament an attempt was made to establish free schools, and the Royal Institution, for the advancement of learning was founded. Nor was this all, an Act was passed for the demolition of the walls that encircled Montreal, on the plea that such demolition was necessary to the salubrity, convenience and embellishment of the city. They were thrown down, and in seventeen years after it was impossible to have shown where they stood. The parliament did more. At the dictation of the Governor, it assigned three townships for the benefit of the officers, non-commissioned officers, and privates, who had served during the blockade of Quebec, in 1775-6. Field officers were to be entitled to 1,000 acres; captains to 700 acres, lieutenants and ensigns to 500 acres, and non-commissioned officers and privates to 400 acres each. Still another bill, of no mean importance, was carried through the three branches of the Legislature, the second branch being positively a House of Lords, composed, as it was, of Lord Chief Justices and Lord Bishops,—the mind, capacity, and education of the country. No picture of the legislature of this time can be made. There were no reporters nor any publication of debates. Newspapers were in their infancy. Radicalism had not got hold of its fulcrum, and the lever of public opinion was, consequently useless. Nay, in anticipation, as it were, of the unruliness that afterwards exhibited itself, the Governor, now Sir Robert Milnes, recommended the culture of hemp in the province, and the Assembly voted £1,200 for the experiment. An Agricultural Bureau, of which the Governor was himself the President, was established, but the cultivation of hemp was not more agreeable to the farmer of Lower Canada then than it is now. The experiment did not succeed. Jean Baptiste would raise wheat, which he knew would pay, and would not raise hemp, which might or might not pay. He was a practical, not a theoretical farmer. Like the "regular" physicians of every period, and in every country, he practised secundum artem, and eschewed dangerous theories and unprofitable innovations.

About this period, 1802, land jobbing began. Vast grants of territory were made to favourites and speculators, only to lie waste, unless improved by the squatter. To obtain a princely inheritance, it was only necessary to have a princely acquaintance with the government, and, in some cases, the Governor's servants. Land was not put up to public competition, but handsomely bestowed upon the needy and penniless Court attendant. A Governor's Secretary, a Judge's nephew, or some Clerk of Records was entitled to at least a thousand acres; the Governor's cook to 700 arpents. There was no stint, and no income or land tax.

In 1803, Parliament "better regulated" the militia; the revenue had increased to £31,000; the expenditure had increased to £37,000, and the two Governors' salaries to £6,000; war re-broke out with France; the feeling of loyalty throughout the province was enthusiastic; and offers to raise volunteer corps were freely made.

During the next Session of Parliament, measures of some importance occupied the attention of the Legislature. A bill was passed, making provision for the relief of the insane and for the support of foundlings. In all thirteen bills were passed, and the revenue had increased one thousand pounds. It was the last session of the third Parliament. In July the election of members for the fourth Parliament took place. They were conducted, on the whole, quietly, but were, nevertheless, vigorously contested. Strong party feeling did not then run high, and there were no prejudices against persons of respectable standing in society, whatever might be their origin. Quebec had four representatives, two of whom were of French extraction and two, apparently of Scottish descent. Montreal was similarly represented. If there were as representatives of Quebec a Grant and a Panet, a Young and a De Salaberry, Montreal was represented by a Richardson and a Mondelet, a McGill and a Chaboillez. The Parliament was convened for the despatch of business on the 9th, and having disposed of some contested elections proceeded energetically to work. The idea of a Canal to overcome the difficulties of the Lachine Rapids or Sault St. Louis suggested itself; and the consideration of the expediency of its construction engaged the attention of the House. The construction of a canal was not considered within the means of the province, and a sum of only £1,000 pounds was voted for the removal of impediments in the rapids. A Seigniorial Tenure Bill, not dissimilar in character to that which so very recently has become law, was introduced, but fell through. The Gaols Act, imposing a duty of two and a half per cent on imports, for the erection of common gaols at Quebec and Montreal, was adopted. The trade was dissatisfied, and, as has been too frequently the case, when the merchants of this province have been dissatisfied with the Acts of a Legislature, of whose acts, unless in so far as their own business interests have been concerned, they have been altogether indifferent, the trade petitioned the Imperial authorities against the Act, representing with all the force of which they were capable, the serious injury inflicted by it upon bohea, souchong, hyson, spirits, wane, and molasses. The gaols were, however, built, without direct taxation having been resorted to. Another act of very considerable importance became law: that for the better regulation of pilots and shipping, and for the improvement of the navigation of the River St. Lawrence between Montreal and the sea. By this Act the Trinity Houses were established, the abolition of which has lately engaged the serious attention of the Hon. William Hamilton Merritt. The fourth Parliament, like its predecessors, possessed within itself, some men of enterprize, energy, and independence. However willing it might have been to treat the Governor with respectful consideration, there was no disposition in it to become a mere tool in the hands of those who took upon themselves to guide His Excellency. They conceived that they had the power of appropriating the revenue, of voting the supplies, and of paying their own officers such salaries as they pleased. The French Translator to the Assembly having applied for an increase of salary, it occurred to the Assembly that the translator, Mr. P. E. Desbarats, was a very efficient officer and worthy man, and that it was within their province to pay him such a sum as they estimated his services to be worth. But they did not arbitrarily do that which it seemed to them they might have done. With extreme courtesy, they addressed the Governor, begging that His Excellency would make such addition to the salary of this officer as to His Excellency might seem fit. So far, however, from complying with a very reasonable request, Sir Robert regretted the absence of some observances, the nature of which was never ascertained, and felt compelled to resist a precedent which might lead to injurious consequences. The Assembly were staggered. With very considerable reason they were offended at the Executive, who pretended to the right of money grants in the Assembly. The House went into committee, by a majority of one, and were about to consider His Excellency's considerate message, when the Gentleman Usher of the Black Rod appearing at the Bar, commanded the attendance of the Commons at the Bar of the Upper House, where His Excellency, somewhat bombastically prorogued the Parliament. About to return to England, he was perfectly indifferent to the censure of the Commons of Canada. He cared nothing for the effect of a coup d'etat. He never dreamed of the possibility of a misunderstanding between a Governor and his Legislature. It was the first of the kind that he had known, and it was a duty which he owed to his sovereign to nip it in the bud. Sir Robert, Mr. Christie says, was not a popular Governor. Had that been his only misfortune, it would have been well. He was, evidently, something worse, in being only that which might emphatically be expressed in a single word. A few grains of common sense in one or two Governors of colonies would have saved England some millions of pounds. Sir Robert Shore Milnes having ruled, or having been ruled, for a period of six years, set sail for England, on the 5th of August, in H.M.S. Uranie, leaving Mr. Dunn, the Senior Executive Councillor of Canada, to administer the government.

Lower Canada, however politically insignificant, with only some £47,000 of revenue, was yet gradually rising into something like commercial importance. In the course of 1805, one hundred and forty-six merchant vessels had been loaded at Quebec, and another newspaper, the Quebec Mercury, still existing, and published in the English language, was established by Mr. Thomas Cary. Montreal, only second in commercial importance to Quebec, had also its newspapers, and already began to exhibit that energy for which it is now preeminently conspicuous. Toronto, the present "Queen City of the West," was yet only surrounded by the primeval forest, and thirty years later could boast of but four thousand inhabitants, although, in 1822, "Muddy Little York" was not a little proud of its "Upper Canada Gazette," and Niagara of its "Spectator." Kingston had only twenty wooden houses, while Detroit was the residence of but a dozen French families. Upper Canada, indeed, contained scarcely a cultivated farm, or even a white inhabitant, sixty or seventy years ago.

Allusion has already been made to the division of Canada into two provinces. A more particular allusion to that circumstance will not be out of place. Already, General Simcoe, the Hon. Peter Russell, and Lieut. General Hunter have ruled over the Upper, and not the least interesting of the two provinces. The object of the separation may have been to keep the Lower Province French as long as possible, to prevent the consummation devoutly anticipated by Montcalm, and the Duc de Choiseul, and to raise up a conservative English colony in the Far West, to counteract the growing power of the now United States. By the Union, constitutions very distantly related to the British constitution were conferred upon the two provinces. The 31st Act of George the Third constituted a Legislative Council and Legislative Assembly for each province. The Council was to be composed of at least seven members, appointed by writ of summons, issued pursuant to a mandamus under the sign manual of the Sovereign. The tenure of appointment was for life, to be forfeited for treason or vacated by swearing allegiance to a foreign power, or by two years continual absence from the province without the Governor's permission, or four years of such absence without permission of the Sovereign. The King could grant hereditary titles of honor, rank or dignity. The Speaker of the Council was to be appointed by the Sovereign or his representative. The Assembly was to be elected by persons over twenty one years of age, subjects of the British Crown, by birth or naturalization, possessing property of the yearly value of forty shillings sterling, over and above all rents and charges, or paying rent at the rate of ten pounds sterling per annum. Here were, undoubtedly, three legislative branches; but as the Legislative Assembly could, at the most, only be composed of thirty members, many of whom would be half pay officers, the Crown, through its representative, had a direct and overwhelming preponderance. Yet, however unsuited such a Parliament would be for the present time, however uncongenial it might have been to the feelings of a Cobbett or Hunt-man, escaped from Spa Felds ten or twenty years afterwards, it undoubtedly well represented the conservative, semi-despotic feelings of the military settler, or United Empire loyalist, a kind of privileged being, whose very descendants were entitled to a free grant of two hundred acres of land. When the Separation Act was before the British Parliament, the public mind in England was to some not altogether inconsiderable extent contaminated by the spurious liberty-feeling of the French Revolution, and by the consequences of the American strike for independence. "The Rights of Man," as enunciated by Paine, had infected many among the lower orders in society, and not a few among the higher orders. Edmund Burke, Mr. Chancellor Pitt, and Charles Fox, were members of the British Parliament. By the Act, a provision for a Protestant Clergy, in both divisions of the province, was made, in addition to an allotment of lands already granted. The tenures in Lower Canada, which had been the subject of dispute, were to be settled by the local legislature. In Upper Canada the tenures were to be in free and common soccage. No taxes were to be imposed by the Imperial Parliament, unless such as were necessary for the regulation of trade and commerce, to be levied and to be disposed of by the legislature of each division of the former Province of Quebec. On the 9th of April, 1791, the Separation Bill was somewhat unexpectedly offered for the acceptance of the House of Commons. Mr. Fox declared that he had not had time to read it, and felt unwilling to express an opinion upon its merits. On a motion by Mr. Hussey, "that the Bill be recommitted," Mr. Fox, however, remarked, that many clauses were unexceptionable. The number of representatives, in his opinion, were not sufficient. An assembly to consist of 16 or 30 members seemed to him to give a free constitution in appearance, while, in fact, such a constitution was withheld. The goodness of a bill, making the duration of Parliaments seven years, unless dissolved previously by the Governor, might be considered doubtful. In Great Britain, general elections were attended with inconveniences, but in Canada, where, for many years, elections were not likely to be attended with the consequences which ministers dreaded, he could not conceive why they should make such assemblies, not annual or triennial, but septennial. In a new country the representatives of the people would, for the most part, be persons engaged in trade, who might be unable to attend Parliament for seven consecutive years. The qualifications necessary for electors in towns and counties were much too high. It seemed to him that ministers intended to prevent the introduction of popular government into Canada. While the number of the members of the Assembly were limited, the numbers of the Council, although they could not be less than seven members, were unlimited. He saw nothing so good in hereditary powers or honours as to justify their introduction into a country where they were unknown. They tended rather to make a good constitution worse, than better. If a Council were wholly hereditary, it could only be the tool of the King and the Governor, as the Governor himself would only be the tool of the King. The accumulation of power, confirmed by wealth, would be a perpetual source of oppression and neglect to the mass of mankind. He did not understand the provision made by the Bill for the Protestant clergy. By Protestant clergy, he understood not only the clergy of the Church of England, but all descriptions of Protestants. He totally disapproved of the clause which enacted that, "whenever the King shall make grants of lands, one seventh part of those lands shall be appropriated to the Protestant Clergy." In all grants of lands made to Catholics, and a majority of the inhabitants of Canada were of that persuasion, one seventh part of those grants was to be appropriated to the Protestant clergy, although they might not have any congregation to instruct, nor any cure of souls. If the Protestant clergy of Canada were all of the Church of England, he would not be reconciled to the measure, but the greatest part of the Protestant clergy in Canada were Protestant dissenters, and to them one seventh part of all the lands in the province was to be granted. A provision of that kind, in his opinion, would rather tend to corrupt than to benefit the Protestant clergy of Canada. The Bill, while it stated that one seventh of the land of Canada should be reserved for the maintenance of a Protestant clergy, did not state how the land so set aside should be applied. With regard to the Bill, as it related to the regulation of Appeals, he was not satisfied. Suitors were, in the first instance, to carry their complaints before the Courts of Common Law in Canada, to appeal, if dissatisfied, to the Governor and Council, to appeal from their decision to the King in Council, and to appeal from His Majesty's decision to the House of Lords. If the Lords were a better Court of Appeal than the King, the Lords ought to be at once appealed to. By such a plan of appealing, lawsuits would be rendered exceedingly expensive, and exceedingly vexatious. He did not like the division of the Province. It seemed to him inexpedient to distinguish between the English and French inhabitants of the province. It was desirable that they should unite and coalesce, and that such distinctions of the people should be extinguished for ever, so that the English laws might soon universally prevail throughout Canada, not from force but from choice, and a conviction of their superiority. The inhabitants of Lower Canada had not the laws of France. The commercial code of laws of the French nation had never been given to them. They stood upon the exceedingly inconvenient "Coutume de Paris." Canada, unlike the West Indies, was a growing country. It did not consist of only a few white inhabitants and a large number of slaves. It was a country increasing in population, likely still more to increase, and capable of enjoying as much political freedom, in its utmost extent, as any other country on the face of the globe. It was situated near a country ready to receive, with open arms, into a participation of her democratic privileges, every person belonging to Great Britain. It was material that a colony, capable of freedom, and capable of a great increase of people, should have nothing to look to among their neighbours to excite their envy. Canada should be preserved to Great Britain by the choice of her inhabitants, and there was nothing else to look to. The Legislative Councils ought to be totally free, and repeatedly chosen, in a manner as much independent of the Governor as the nature of a colony would admit. He was perfectly desirous of establishing a permanent provision for the clergy, but could not think of making for them a provision so considerable as was unknown in any country of Europe, where the species of religion to be provided for prevailed.