Against the policy of the two great political parties in England the little group of Radicals struggled manfully, and in the long run not in vain, although for years they had to submit to insult and contumely in their patriotic efforts to expose the vices of the colonial administration and to avert the rebellion they foresaw in the Canadas. What they feared, with only too good cause, was that the American and Irish precedents would be followed, and war made for the coercion of the Canadas, to be followed, if successful, by a still more despotic form of government, which would in its turn provoke a new revolt. Rather than that such a catastrophe should take place, they went, rightly, to the extreme point of saying that an "amicable separation" should be arranged, maintaining, what is indisputable, that the claims of humanity should supersede the claims of possession. With Russell himself declaring till the eleventh hour that responsible government was out of the question because it meant "separation," they were quite justified in demanding that separation, if indeed inevitable, should come about by agreement, not as the possible result of a fratricidal war. For such a war, though Russell could not see it until Durham made him see it, was the only alternative to the grant of responsible government. But the Radicals never used this argument unless circumstances forced them to. Molesworth, in a debate of March 6, 1838, denounced the prevailing view of the Colonies, insisted that we should be proud of them and study their interests, that reform, not separation, should be our aim. The Radicals were fully aware of the alternatives, and were unwearied in pointing out the justice and policy, in the Imperial interests, of acceding to the colonial popular demands. Grote had expressed the truth in the December debate of 1837, when he implored the House "not to use a tone of triumph at the superior power of England," but to remember that the colonists, "though freemen, like ourselves," desired to remain, "if they could do so with honour, in connection with England as the Mother Country." He was followed by a gentleman named Inglis, who said that "it was in Canada as in Ireland," a faction called itself Canada, and that we must bring "back the colonists," like the Irish, "to subordination."
Roebuck, who led the Radicals in Canadian matters, had some of the faults of Papineau and Mackenzie; yet posterity should give him and his comrades credit for a constructive Imperialism which the great men of his day lacked. It is now known that he and Sir William Molesworth powerfully influenced Durham's policy. In a paper he drew up at Durham's request on the eve of that nobleman's departure for Canada he sketched a plan, imperfect in some details, but wise in broad conception, for pacifying the Canadas, and went further in elaborating a scheme, also defective, for the Confederation of British North America under the Crown on the lines conceived by the despised demagogue, Mackenzie.[27] But the two men who, by influencing Durham, probably did most to save Canada for the Empire and to lay the foundations of the present Imperial structure, were Charles Buller, the Radical M.P., and Edward Gibbon Wakefield, both of whom accompanied the new Governor-General to Canada, and who are generally believed to have inspired, if they did not actually write, the greater part of the celebrated Report which became the Magna Charta of the self-governing Colonies of the Empire.
A word about the events which ended in the publication of this Report. Durham reached Canada at the end of May, 1838, and in November was recalled in disgrace for exceeding—strange as it seems!—the almost absolute powers temporarily entrusted to him. He was an extraordinary mixture of a despot and a democrat, an extreme Radical in politics, an autocrat in manners, as vain and tactless as he was generous and sincere, making bitter enemies and warm friends in turn. He began by winning and ended by estranging almost every class in both Provinces of Canada, and returned to England to all appearances a spent and extinguished meteor. There is some truth, perhaps, in Greville's observation that, had he been "plain John Lambton," he would never have been chosen for Canada. It is certain that those who sent him there little dreamed of the consequences of their action. Lord Melbourne, the Prime Minister, in a letter to the Queen, charged him with magnifying the Canadian troubles "in order to give greater éclat to his own departure."[28] Still, he did his work of investigation faithfully, and formed his conclusions sanely, and there were plain men of greater ability at his elbow in the persons of Wakefield and Buller, by whose advice he was wise enough to be guided. All opinion was against him when news came of his recall, and even Roebuck was denouncing him in the Spectator for his autocratic excesses; but a brilliant article by John Stuart Mill in the Westminster Review, pleading for time and confidence, arrested the tide of obloquy.
Durham's long Report, and the events which followed it, ought to be studied carefully by every voter, however lowly, who has a voice in deciding the fate of Irish Home Rule. After an exhaustive discussion of the causes of disorder in Canada, Durham made two recommendations, the first of incalculable importance, and proved by subsequent experience to be right; the second of minor consequence, and proved by subsequent experience to be wrong.
The first was that responsible government should be inaugurated both in Canada and in the Maritime Provinces of North America, whose constitutional troubles Durham also discussed. His proposal was that the Governor should govern in accordance with advice given by Colonial Ministers in whom the popular Assembly reposed confidence, and who, through that Assembly, were in touch with popular opinion; for it was to the strangulation of popular opinion that Durham attributed all the disorders and disasters of the past. This recommendation was eventually adopted, not in the Act subsequently passed, but by instructions to the Governors concerned; instructions which were first interpreted in the full liberal spirit by Lord Elgin in 1847. The Maritime Provinces at various dates and under various Governors received full responsible government by 1854. Responsible government proved the salvation of Canada and the Empire, as it would have proved, if given the chance, the salvation of Ireland and a source of immensely enhanced strength to the Empire.
The second and less important recommendation, afterwards embodied in the Act of 1840, was the Union of the two Provinces of Upper and Lower Canada. Here Lord Durham, misled unhappily by the Irish precedent, fell into an error. During his visit to Canada he came near to accepting that higher conception of a Federal Union with local Home Rule for each Province, outlined by Roebuck and Mackenzie, and eventually consummated thirty years later. When he came home to London he made a volte face, rejecting the Federal idea and accepting its antitype, that Legislative and Administrative Union of the two Provinces which had been rejected by Pitt in 1791. There were, of course, economic arguments for Union apart from the racial factor; but they do not seem to have been decisive with Durham. At the last moment he gave way to a dread of predominant French influence in Lower Canada, similar at bottom to his dread of the unchecked influence of the British minority. While he feared that the latter, if let alone, would inaugurate a reign of terror, he added also: "Never again will the present generation of French-Canadians yield a loyal submission to a British Government." The argument is inconsistent with the whole spirit of the Report, which attributes the friction in both Provinces to bad political institutions. It is probable that Durham was really more influenced by the quite reasonable recognition that the French were relatively backward in civilization and ideas. He sought, therefore, both to disarm them politically and to anglicize them socially, by amalgamating their political system with that of wholly British Upper Canada. His calculation was that in a joint assembly the British would have a small but sufficient majority. The estimated population of Lower Canada was 550,000, of whom 450,000 were French, and 100,000 British and Irish; that of Upper Canada 400,000, all British and Irish. That is to say, that in both Provinces together there was a British and Irish majority of 100,000. The calculation over-estimated the British element, but in the event this mistake proved to be immaterial. Though Durham himself appears to have intended representation to be in strict accordance with population, the Union Act, passed in 1840, allotted an equal number of representatives in the Joint Assembly to each of the old Provinces. The assumption here was that the British Members from Upper Canada would unite with those of old Lower Canada to vote down the French, just as the Ulster Protestants voted with English members to vote down the Irish majority.
In practice the Union, after lasting twenty-six years, eventually broke down. Durham's fear of French disloyalty proved to be as groundless as his ideal of complete anglicization was futile. It was neither necessary, sensible, nor possible to extinguish French sentiment, and human nature triumphed over this half-hearted effort to apply in dilution the medicine of Fitzgibbonism to the Colonies. Little harm was done, because the introduction of responsible government, far transcending the Union in importance, worked irresistibly for good. Parties did not run wholly on racial lines, but racialism was encouraged by the equal representation of the two Provinces in the Assembly, in spite of the greater growth of population in the Upper Province. The system was unhealthy, and at last produced a state of deadlock, in which two exactly equal parties were balanced, and a stable Government impossible. When that point was reached, men began to observe the strong and supple Constitution of the adjacent United States, and to recognize that a politically feeble Canada was courting an absorption from that quarter which all Canadians disliked. The Legislative Union was dissolved by the mutual consent of the Provinces with the approval of the Mother Country, and in 1867, under the British North America Act, the Federal Union was formed which exists in such strength and stability to-day. Fear of French disloyalty or tyranny was a night-mare of the past, even with the British minority in Lower Canada. It was realized that French national sentiment was perfectly consistent with racial harmony under the British flag. Upper Canada became Ontario, Lower Canada Quebec. Each Province reserved a local autonomy for itself, and each at the same moment voluntarily surrendered certain high powers to a supreme centralized Government, in which both had confidence. Such a political system is capable of indefinite expansion. Nova Scotia and New Brunswick joined the Federation at the outset, Prince Edward Island and British Columbia a little later, and were followed in turn by the successively developed Provinces which now form the united and powerful Dominion of Canada.
Turn back to Ireland and weigh well the analogy. Mutatis mutandis, almost every paragraph of the Durham Report applied with greater force to the Ireland of his day. The ascendancy of a caste and creed minority in Upper Canada; of a race minority in Lower Canada; "the conflict of races, not of principles"; the consequent obliteration of natural political divisions, and the substitution of unnatural and vindictive antagonisms demoralizing both sides to every quarrel; the universal disgust with and distrust of the British Government, though for reasons diametrically opposite; the hopelessness of true reforms; the perpetuation of abuses; the stagnation of trade and agriculture; the re-emigration to America, and the abuses of a Church Establishment with endowments from sources by right public—all these phenomena and many others had their counterpart in Ireland. Some have disappeared. The Church is disestablished. The land question is on the way to settlement. The old ascendancy is mitigated. But many of the political, and all the psychological, features of the situation which Durham described do, alas! exist to-day in Ireland. Ireland, like the Canada of 1838, is a land of bewildering paradox. There is a similarly unwholesome arrest of free political life, the same unnatural division of parties, the same suppression of moderate opinion, and the same inevitable maintenance of a Home Rule agitation, harmful in itself, because it retards the country and accentuates for the time being the very divisions it seeks to cure, but absolutely necessary for the final salvation of Ireland. Durham, in the case of Canada, saw the truth, and swept into the limbo of discredited bogies the old figments of the coercionists. In a singularly noble and profound passage (p. 229), revealing the ethical basis on which his philosophy rested, he declared that even if the political freedom of the Colony were to lead in the distant future to her separation from the Empire, she nevertheless had an indefeasible moral right to the blessings of freedom; but he prophesied correctly that the connection with the Empire "would only become more durable and advantageous by having more of equality, of freedom, and of local administration."
If only Irish and British Unionists would realize that these words came from a profound knowledge of human nature in the mass, and are applicable to Irishmen in Ireland just as much as to Irish, British, French, and Dutch in the Colonies!
The tenacity of the old superstition is extraordinary, and we can see it in the case of Canada. It remains a wonder to this day how responsible government was ever introduced. There can be no question that the Act of 1840 only secured a smooth passage because, in providing for the Union of the French and British Provinces, it represented a superficial analogy to that Union of Britain and Ireland which had paralyzed Irish aspirations. Durham himself had actually quoted both the Irish and Scotch Unions as successful expedients for "compelling the obedience of a refractory population," and thus arrived at the outstanding and solitary defect of his otherwise noble scheme. And O'Connell, in a debate upon the Report on June 3, 1839, opposed the Canadian Union for Irish reasons, and in language which after-experience proved to be perfectly correct. Happily, as we have seen, the defect was small and curable, because the analogy with Ireland, where there was no responsible, but, on the contrary, a separate and wholly irresponsible Executive Government, and whose interests were upheld by only 100 Members in a House of 670, was exceedingly remote. On responsible government itself the Canadian Act of 1840 was entirely silent. We may thank Providence for the fact. Durham's cardinal proposals had received unbridled vituperation as sentimental rubbish where they were not treasonable poison, the whole controversy taking precisely the same form as in 1886 and 1893 over Mr. Gladstone's Home Rule Bills for Ireland. The Quarterly Review spoke of "this rank and infectious Report," though it is fair to say that Peel and Wellington did not join in such wild language. Five months after the issue of Lord Durham's Report, Lord John Russell, in the debate of June 3, was denying, with the approval of all but the Radicals, the possibility of responsible government as emphatically as ever. Durham seems to have partially converted him in the summer, for in introducing the Act itself in 1840 he cautiously committed himself to the plan of instructing the Canadian Governor to include in his Executive Council, or Cabinet, men expressly chosen because they possessed the confidence of the Assembly. But the Act as it stood, ignoring this vital change, was impeccably Conservative, and on that account went through. In some points it seemed, without good reason, to be even reactionary, and was regarded in that light with displeasure by the Radicals, with satisfaction by Whigs and Tories. While confirming the control of revenue by the Assembly, in return for a fixed civil list, it took away from the Assembly, and vested in the Executive, the power of recommending money votes, and it also retained the Legislative Council or Upper Chamber as a nominated, not as an elective, body. Provided that the Executive had the confidence of the representative Assembly or Lower House, the first point was perfectly sound, and the second was not vital; but there was no security for the condition precedent other than Russell's vague outline of subsequent policy. While the supreme power of the King, acting with or without the Governor, was reaffirmed in the most vigorous terms, there was not a word in the Act about the composition of the Executive Council or its relation to the Assembly.