CHAPTER XV.
"A TRIED REFORMER."
Sir Francis Head, upon reaching Toronto on Saturday, the 23rd of January, temporarily took up his quarters at a hotel, where apartments had been engaged for him. He was not a little surprised, as he rode along the streets, to see himself placarded in large letters on the walls as "Sir Francis Head, a Tried Reformer." What a farce the thing must have appeared in his eyes, knowing, as he did, that up to the date of receiving the king's messenger, he had never read a page of practical politics; that he had never recorded a political vote, and that he was at this present moment, to use his own frank expression, no more connected with human politics than the horses that were drawing him! How he must have marvelled at Fate for playing him such a trick! On the same day, at the urgent request of Sir John Colborne, he removed to Government House. On Monday, the 25th, he was sworn into office as Lieutenant-Governor; and on Tuesday Sir John and his family took their departure for Montreal. The Compact took care that their staunch friend should not leave the seat of his Government without some mark of what might pass for popular favour. A crowd of persons was got together to cheer as Sir John passed along the streets on his way eastward, and a stranger might have been excused for believing that the ex-Lieutenant-Governor was regarded by the populace with feelings of the warmest affection. He proceeded to Montreal, and had arranged to sail from New York for England, when he received a despatch appointing him Commander-in-Chief of the Forces in Canada. He accordingly repaired to Quebec, the capital of the Lower Province, which was already in a state of ferment, and preparing for the outburst which ensued towards the close of the following year.
Sir Francis being now formally installed in office, an era of Reform was commonly supposed to have begun. His manner and address were in the highest degree pleasing, and he at first produced a most favourable impression upon all who came within the immediate circle of his influence. The Reform press sang paeans in his praise. He held no sooner received his appointment than Joseph Hume had written to Mackenzie congratulating the Province on the circumstance, and stating that the conduct and principles of Sir Francis had been much approved of. "My anxiety is," wrote Mr. Hume, "that you and all the Reformers should receive Sir Francis in the best possible manner, and do everything consistent with principle to meet his views and wishes."[210] The fact was that Mr. Hume was in precisely the same condition as Lord Glenelg himself with respect to Sir Francis: that is to say, he knew nothing whatever about him. He seems to have very unwisely taken it for granted that the new Lieutenant-Governor was a good man for the position because he had been appointed under Whig auspices. His letter found its way into all the Reform newspapers in Upper Canada, and Sir Francis had no reason to complain of the treatment he received at their hands. He was welcomed as the "Tried Reformer" for whom they had so long prayed in vain. The Tories and Conservatives, on the other hand, naturally regarded him with considerable apprehension. They entertained no doubt that his advent boded their downfall; but they were too wise to betray any solicitude, and quietly waited the march of events. Parliament being in session, he received from both Houses congratulatory addresses upon his assumption of the Government. On the 27th he went down to the Council Chamber, and made a brief and rather meaningless speech to the Legislature.[211] "As regards myself," said he, "I have nothing either to promise or profess, but I trust I shall not call in vain upon you to give me that loyal, constitutional, unbiased and fearless assistance which your King expects, and which the rising interests of your country require." He had been directed by Lord Glenelg to communicate to the Provincial Legislature the substance of his instructions. He not only communicated the substance, but a verbatim copy of the letter itself, together with a copy of the appendix, to each of the Houses. By this injudicious proceeding he caused no little embarrassment to the Colonial Secretary, and proved his utter want of experience in diplomatic affairs.[212] Lord Glenelg, in common with the official world of Great Britain generally, felt and expressed strong disapprobation of this extraordinary conduct on the part of the Lieutenant-Governor, who ought to have been recalled for this act alone, and probably would have been but for the difficulty of finding a competent man to succeed him.
A certain space must be devoted to an examination of these instructions. Speaking generally, it may be premised that they showed a disposition to conciliate the discontent of the colonists, but only after a partial and piecemeal fashion, such as might be exercised towards persons in a state of tutelage. It was evident that the Home Government regarded the colonists as persons who had not reached full political stature, who were not in all cases able to judge as to what was best for themselves, and who needed the constant supervision of calmer and loftier intelligences than their own. In reply to the allegation that the number of public offices in the colony was in excess of the people's needs, it was said that in Upper Canada, as in other new countries, the number of public employments was necessarily larger in proportion than in older and more densely-peopled states. "In the early stages of such a society," wrote Lord Glenelg, "many duties devolve upon the Government which, at a more advanced period, are undertaken by the better educated and wealthier classes, as an honourable occupation of their leisure time." He went on to say that His Majesty's Government were not solicitous to retain more patronage than was necessary for the people's welfare, but that the selection of public officers must be entrusted to the head of the local Government, and could not wisely be exercised in any form of popular election, or committed to any popular body. Such exercise or transfer, it was suggested, would be destructive of responsibility and discipline. This doctrine was laid down as a general rule of action, but any wish to urge it beyond its just and necessary limits was expressly disclaimed, and it was even suggested that there were cases in which the doctrine might be contravened. There was no attempt to go into details as to specific cases, but it was stated as a general principle that whatever patronage was necessary to maintain perfect subordination to the prerogatives of the Crown must be retained, and that whatever was unnecessary for that purpose should be abandoned. His Excellency was directed to review and consider the subject with diligence, and to report the result of his investigation. Should he meanwhile deem it wise to reduce the number of offices, either by abolition or consolidation, he was authorized to exercise his discretion in that respect, but any appointment made under such circumstances was to be merely provisional, and subject to cancellation by the Home Government. In the selection of persons for public offices his Excellency was to be guided exclusively by the comparison of the claims of the candidates by reason of past services or personal qualifications; and as a general rule no person was to be appointed to office who was not either a native of the Province or a settled inhabitant of it. Exceptions to this latter rule were admitted where a knowledge of some particular art or science was demanded, and where no Provincial candidate could be found possessing the necessary qualifications. His Excellency was also left free from restriction in the choice of those officers immediately attached to his own person. There were various other directions, not necessary to be specified, on the subjects of patronage and pensions, salaries and fees, and the Provincial Post Office. The Clergy Reserves question was dealt with in the most general manner, no definite course being suggested; and the instructions on this subject are absolutely devoid of historical or other value. With regard to the Land-Granting Department, it was assumed that some of the grievances had been remedied. Reference was made to a despatch of Lord Ripon's on the subject, and it was stated that any ambiguity therein was to be removed, while prompt obedience to the instructions embodied therein was inculcated. Upper Canada College, established by Sir John Colborne only five years before this time, had already become a ground of offence to many Reformers. The Assembly, in their Address to His Majesty, had declared that it was upheld at great public expense, with high salaries to its principal masters. They had expressed the opinion that the Province in general derived very little advantage from it, and that it might be dispensed with. On this subject Lord Glenelg remarked that there was no desire to retain any charge for the establishment more than sufficient to suitably provide for the effective performance of the teachers; but the advantages of such an institution, it was said, ought to be great, and if the Province derived no benefit from it the explanation was to be found in some error of management susceptible of remedy. His Lordship remarked that he should deeply lament the abolition of a college "of which the defects would appear so remediable, and of which it does not seem easy to exaggerate the benefits." As for King's College, which was another educational bone of contention between the two branches of the Provincial Legislature, it was intimated that His Majesty would cheerfully resume the consideration of the charter, provided the assent of both Houses to his doing so could be obtained, but that, as the subject had been committed to the local Legislature, he could not withdraw it from their cognizance at the instance of one branch only. The system of auditing the public accounts had been complained of as being insufficient for ensuring the proper application of the revenue. As a remedy, the establishment of a Board of Audit, the regulation of which should be secured by well-considered legislation, had been suggested. In this suggestion the Colonial Secretary expressed his concurrence, and he transmitted various documents explanatory of the system of auditing the public accounts of the Kingdom. The Assembly having expressed its belief that the Legislative Council would not assent to any efficient legislation on the subject, the Lieutenant-Governor was empowered, in case of that belief being realized, to constitute a provisional Board of Audit. To remedy another evil which had been complained of—the withholding of public accounts from the Assembly—it was proposed that a statute should be passed providing the time and manner of making periodical returns, and naming the officers who should render them to the Legislature. Then followed brief instructions to be observed by the Lieutenant-Governor in his intercourse with the Assembly. "You will always," wrote his Lordship, "receive the addresses of the Assembly with the most studious attention and courtesy. As far as may be consistent with your duty to the King, you will accede to their wishes cheerfully and frankly. Should that duty ever compel you to differ from their opinion, or to decline compliance with their desires, you will explain in the most direct, and of course in the most conciliatory terms, the ground of your conduct." His Excellency was instructed to adopt Lord Goderich's despatch to Sir John Colborne of the 8th of November, 1832,[213] as a rule for the guidance of his conduct. He was directed to select Justices of the Peace without reference to political considerations. In the Grievance Committee's Report, as well as in the Address from the Assembly to the King, great stress had been laid on the mode of appointing members of the Legislative Council. It had been represented that that body had utterly failed to answer the ends for which it had been created, and that the restoration of legislative harmony and good government required its reconstruction on the elective principle.[214] The inhabitants of the Lower Province felt still more strongly on this subject than did their fellow-colonists in Upper Canada, and had made urgent representations to His Majesty thereupon in ninety-two resolutions which had been adopted by the local Assembly during the session of 1834. "The greatest defect in the constitution of Canada," said they, "is the right of nomination, by the Crown, of the Legislative Councillors." These resolutions had led to the appointment by the Imperial Government of a commission of investigation into the affairs of Lower Canada, and as the principles bearing upon the question of an elective Legislative Council were the same in both Provinces, Lord Glenelg now contented himself with appending the instructions issued to the commissioners, and referring to the views therein contained as having received the deliberate sanction of the King. A similar device was adopted with respect to the demand for the control by the Assembly of the territorial and casual revenues of the Crown.
The one great overshadowing question of Executive responsibility was dealt with by Lord Glenelg in a most perfunctory and unsatisfactory manner. It was apparent that he either wholly failed to grasp the real significance of the theme, or that he fenced with it for the mere purpose of beguiling the colonists with a counterfeit presentment. "Experience would seem to prove," he wrote, "that the administration of public affairs in Canada is by no means exempt from the control of a sufficient practical responsibility. To His Majesty and to Parliament the Governor of Upper Canada is at all times most fully responsible for his official acts. That this responsibility is not merely nominal, but that His Majesty feels the most lively interest in the welfare of his Canadian subjects, and is ever anxious to devote a patient and laborious attention to any representations which they may address to him, either through their representatives or as individuals, is proved not only by the whole tenor of the correspondence of my predecessors in this office, but by the despatch which I am now addressing to you. That the Imperial Parliament is not disposed to receive with inattention the representations of their Canadian fellow-subjects is attested by the labours of the committees which have been appointed by the House of Commons during the last few years to inquire into matters relating to those Provinces." It was declared to be the Lieutenant-Governor's duty to vindicate to the King and the Imperial Parliament every act of his administration. In the event of any complaint being preferred against him, his conduct was to receive the most favourable construction. The Assembly, it was said, were at all times able to invoke the interference of the King and Parliament. Every public officer was to depend on the King's pleasure—i.e., upon the pleasure of the Lieutenant-Governor—for the tenure of his office. Certain rules were then laid down, the observance of which, it was said, would produce a system of perfect responsibility. As these rules differed in no essential respect from those which had consistently been acted upon by Francis Gore, Sir Peregrine Maitland and Sir John Colborne, it was evident that the system of responsibility contemplated by Lord Glenelg was not identical with that desired by Upper Canadian Reformers. Lord Glenelg certainly made good his asseveration that the Upper Canadian Executive were "practically responsible." But to whom were they responsible? To the Upper Canadian people? Not at all. The responsibility was to the King and Parliament of Great Britain—that is to say, to Downing Street, several thousand miles away. Of what avail was such responsibility, guarded, as it was, by secret despatches, "like a system of espionage"?[215] Had this responsibility to Downing Street ever saved "a single martyr to Executive displeasure"?[216] Had it been of any avail for the protection of Robert Gourlay, Captain Matthews, Francis Collins or Robert Randal? Had it preserved from the dry pan and the slow fire any one of a score of individuals whose only offence against the State was that they would not willingly sacrifice their rights, and become the tools of venality and corruption? In not one solitary instance had it served any such purpose. Such responsibility was a mockery, "a broken reed, which it would be folly ever again to rest upon."[217] Of real, constitutional responsibility to the people there was not so much as a pretence. "All the powers of the Government," says Mr. Lindsey, "were centralized in Downing Street, and all the colonial officers, from the highest to the lowest, were puppets in the hands of the Secretary of State for the Colonies. At the same time, the outward trappings of a constitutional system, intended to amuse the colonists, served no other end than to irritate and exasperate men who had penetration enough to detect the mockery, and whose self-respect made them abhor the sham."[218]