Unfortunately, powerful interests in the one case, indifference and apathy in the other, prevented these indispensable measures, as he always maintained them to be, from being carried for many years; and in the meantime a most serious fever of political discontent was in effect worked up, out of a heat which ought to have been as transient as the cause of it was intrinsically unimportant.
[Sidenote: Rebellion Losses Bill.]
Irritated by loss of office, groaning under the ruin of their trade, outraged moreover (for so they represented it to themselves) in their best and most patriotic feelings by seeing 'Rebels' in the seat of power, the Ex-ministerial party were in a mood to resent every measure of the Government, and especially every act of the Governor-General. When Parliament met on January 18, he took advantage of the repeal of the law restricting the use of the French language, to deliver his speech in French as well as in English: even this they turned to his reproach. But their wrath rose to fury on the introduction of a Bill 'to provide for the indemnification of parties in Lower Canada whose property was destroyed during the Rebellion in 1837 and 1838:' a 'questionable measure,' to use Lord Elgin's own words in first mentioning it, 'but one which the preceding administration had rendered almost inevitable by certain proceedings adopted by them' in Lord Metcalfe's time. As the justification of the measure is thus rested on its previous history, a brief retrospect is necessary before proceeding with the account of transactions which formed an epoch in the history of the colony, as well as in the life of the Governor.
[Sidenote: History of the measure.]
Within a very short time after the close of the Rebellion of 1837 and 1838, the attention of both sections of the colony was directed to compensating those who had suffered by it. First came the case of the primary sufferers, if so they may be called; that is, the Loyalists, whose property had been destroyed by Rebels. Measures were at once taken to indemnify all such persons,—in Upper Canada, by an Act passed in the last session of its separate Parliament; in Lower Canada, by an ordinance of the 'Special Council' under which it was at that time administered. But it was felt that this was not enough; that where property had been wantonly and unnecessarily destroyed, even though it were by persons acting in support of authority, some compensation ought to be given; and the Upper Canada Act above mentioned was amended next year, in the first session of the United Parliament, so as to extend to all losses occasioned by violence on the part of persons acting or assuming to act on Her Majesty's behalf. Nothing was done at this time about Lower Canada; but it was obviously inevitable that the treatment applied to the one province should be extended to the other. Accordingly, in 1845, during Lord Metcalfe's Government, and under a Conservative Administration, an Address was adopted unanimously by the Assembly, praying His Excellency to cause proper measures to be taken 'in order to insure to the inhabitants of that portion of the province, formerly Lower Canada, indemnity for just losses by them sustained during the Rebellion of 1837 and 1838.'
In pursuance of this address, a Commission was appointed to inquire into the claims of persons whose property had been destroyed in the rebellion; the Commissioners receiving instructions to distinguish the cases of those persons who had joined, aided, or abetted in the said rebellion, from the case of those who had not. On inquiring how they were to distinguish, they were officially answered that in making out the classification 'it was not His Excellency's intention that they should be guided by any other description of evidence than that furnished by the sentences of the Courts of Law.' It was also intimated to them that they were only intended to form a 'general estimate' of the rebellion losses, 'the particulars of which must form the subject of more minute inquiry hereafter under legislative authority.'
In obedience to these instructions, the Commissioners made their investigations, and reported that they had recognised, as worthy of further inquiry, claims representing a sum total of 241,965_l_. 10_s_. 5_d_., but they added an expression of opinion that the losses suffered would be found, on closer examination, not to exceed the value of 100,000_l_.
This Report was rendered in April 1846; but though Lord Metcalfe's Ministry which had issued the Commission, avowedly as preliminary to a subsequent and more minute inquiry, remained in office for nearly two years longer, they took no steps towards carrying out their declared intentions.
So the matter stood in March 1848, when, as has been already stated, a new administration was formed, consisting mainly of persons whose political sympathies were with Lower Canada. It was natural that they should take up the work left half done by their predecessors; and early in 1849 they introduced a Bill which was destined to become notorious under the name of the 'Rebellion Losses Bill.' The preamble of it declared that in order to redeem the pledge already given to parties in Lower Canada, it was necessary and just that the particulars of such losses as were not yet satisfied, should form the subject of more minute inquiry under legislative authority; and that the same, so far only as they might have arisen from the 'total or partial unjust or wanton destruction' of property, should be paid and satisfied. A proviso was added that no person who had been convicted, or pleaded guilty, of treason during the rebellion should be entitled to any indemnity for losses sustained in connection with it. The Bill itself authorised the appointment of Commissioners for the purpose of the Act, and the appropriation of 90,000_l_. to the payment of claims that might arise under it; following in this respect the opinion expressed by Lord Metcalfe's preliminary Commission of enquiry.
[Sidenote: Excitement respecting it.]