In 1839 a Royal Commission was issued to Lord Durham to investigate the affairs of Canada, and report thereon to Her Majesty. While engaged in his important duty he sent for and conferred with me repeatedly, and treated me with such consideration, as that on leaving him he would accompany me to the door and open it for me, shaking hands with me most cordially. After his return to England he sent me a copy of his famous Report (addressed by himself) before it was laid on the table of the House of Lords. On receiving in advance this report of Lord Durham I published in the Guardian, with appropriate headings, extracts from that part of it which related to the establishment of responsible government and its administration in Canada, and then lent the extracts and the type on which they were printed to Mr. (afterwards Sir) Francis Hincks for insertion in the Examiner newspaper, of which he was at that time proprietor and Editor. I afterwards aided Lord Sydenham in every way in my power to allay the party passions and animosities of the past, and to establish responsible government upon liberal principles, irrespective of past party distinctions, comprehending Hon. W. H. Draper and Hon. Robert Baldwin in the same administration—a union or coalition which did not long survive the life of Lord Sydenham—Mr. Baldwin declaring his want of confidence in Mr. Draper, and retiring from the government. Soon afterwards, Mr. Baldwin and his friends succeeded to power under Sir Charles Bagot.
This was the state of things until 1843, when Sir Charles Bagot died, and Sir Charles Metcalfe was appointed to succeed him. I had the melancholy pleasure of offering a tribute (in the form of an obituary notice) to the character and administration of both Lord Sydenham and Sir Charles Bagot—papers much noticed and widely circulated at the time as the best specimens of any writing which had ever appeared; but I had a genial theme and good subjects in both cases. Sir Charles Metcalfe was popular with all parties at first: but after a few months a difference arose between him and his Councillors as to the appointment of the Clerk of the Peace of the County of Lanark, and then on the principle of appointments to office; or in other words, the exercise of the patronage of the Crown.
To understand the character of this famous and much misrepresented controversy, and how I became involved in it, some preliminary and explanatory remarks are necessary:—
It is to be observed in the first place, that one chief subject of complaint by "Reformers" for many years—nay from the beginning—was the partial exercise of the patronage of the Crown, appointing magistrates, officers of militia, judges, etc., from men of one party only, in whose behalf every kind of executive favour was bestowed for years. This was the purport of their complaints in the various petitions and addresses of "Reformers" to the Earl of Durham, Lord Sydenham, Sir Charles Bagot, etc., who necessarily promised that the Governments should henceforth be conducted upon the principles of justice, "according to the well understood wishes of the people," of whom "Reformers" claimed to contribute a large majority, and even of the liberal Conservative members of the Church of England. But singular to say, on the occurrence of the first vacancy, the Reform government urged upon Sir Charles Metcalfe the appointment of one of their own party, irrespective of the superior claims, as the Governor conceived (on the ground of service, experience and fitness), of a deserving widow and her orphan son. The circumstances were as follows:—
Amongst the early gentlemen immigrants in the County of Lanark was a Mr. Powell, a man of wealth and education; but in attempting to clear and cultivate a farm in a new country, he soon expended his means and became reduced in circumstances. He was appointed Clerk of the Peace, and discharged its duties for many years, when he sickened and died. During the two years' sickness which preceded his death, the duties of office were discharged satisfactorily by his son, who was then about twenty or twenty-one years of age. On the death of her husband, the Widow Powell proceeded to Kingston to plead in person before Sir Charles Metcalfe for the appointment of her son to the office vacated by the death of her husband, and as the only means of supporting herself and family. One can easily conceive the effect of such an appeal upon Sir Charles Metcalfe's benevolent feelings. He declined the advice of his Councillors for a party appointment, and determined to appoint the widow's son to the office rendered vacant by the death of her husband, and one which he had successfully discharged for nearly two years. The Council, instead of resigning on the fact of the appointment, sought to obtain from Sir Charles Metcalfe a promise that he would henceforth act upon their advice. He said he would always receive and consider their advice, but would give no promise on the part of the Crown as to how far he would pledge the prerogative in advance and act upon that advice. On this the Councillors resigned, charging Sir Charles Metcalfe with violating the principles of responsible government. This he positively denied. The circumstances of the case were so mystified by the statements made, that general prejudice was excited against Sir Charles Metcalfe, and the Councillors seemed for the time to have the country at their backs.[121]
I was at that time President of Victoria College; and the late Hon. Wm. Hamilton Merritt, returning from Kingston at the sudden close of the Session of Parliament held there, stopped the stage in front of the College, called to see me, and asked me what I thought of the occurrences between the Governor-General and his Councillors. I told him that, from what I had heard, my sympathies were with the Councillors. He answered that I was mistaken; that the Councillors were clearly in the wrong; that they had made a great mistake, and were endangering principles of government for which he had so long contended. He then stated the particulars of what had transpired, and referred me, in confirmation of his statement, to the documents and correspondence which would all be printed in a few days. I replied, that if what he (Mr. Merritt) stated was correct, Sir Charles Metcalfe was an injured man, and that the new system of responsible government was likely to be applied in a way contrary to what had always been professed by its advocates. Mr. Merritt requested me to examine for myself the documents and correspondence to which he had referred, but enjoining secresy as to his conversation with me—and which I never mentioned to any human being during his life.
After Mr. Merritt returned to St. Catharines he wrote to Dr. Ryerson early in January, 1844 on the subject, as follows:—
There can be little doubt that both the Governor and his late administration have erred. A conciliatory spirit would have avoided this crisis; they had an opportunity of placing this Province in a most enviable situation—they have neglected, or did not possess the ability to avail themselves of it; and I am sorry to say, that I am neither satisfied with their measures, nor can I place confidence in their judgment. At the same time I feel so thoroughly convinced of the necessity of having under the control of our Legislature the entire management of our internal concerns—without which any attempt at a thorough reformation would be useless—that I have my apprehensions, that any movement which would have a tendency to check its onward progress, would be injurious—the principle does not appear to be fully understood, or fully conceded. The time has not arrived—nevertheless I feel satisfied the Governor-General would admit it, and act fully up to it with any Cabinet which possessed his confidence, and thus bring it into action much earlier than persisting in the opposite course. On the other hand, you are subject to the imputation of abandoning men who resigned for the maintenance of that principle, and few can doubt the honesty of purpose of Lafontaine and Baldwin.
Being thus placed on the horns of a dilemma, the wisest plan is, perhaps, to let matters take their course—at all events I have made up my mind to do so. I should be most happy to hear from you on the subject, knowing you have given those subjects much attention; and believing that your mind is devoted to promoting the best interests of your fellow countrymen, your opinions are received with attention, and always carry great weight with me.
To this letter from Mr. Merritt, Dr. Ryerson replied on the 20th January, 1844, as follows:—