Canada under British Rule 1760-1900

by John George Bourinot

Lord Metcalfe, at the very outset, decided not to distribute the patronage of the crown under the advice of his responsible advisers, but to ignore them, as he declared, whenever he deemed it expedient. No responsible ministers could, with any regard to their own self-respect, or to the public interests, submit to a practice directly antagonistic to responsible government, then on its trial. Consequently, all the members of the Baldwin-Lafontaine government, with the exception of Mr. Daly, immediately resigned, when Lord Metcalfe followed so unconstitutional a course. Mr. Dominick Daly, afterwards knighted when governor of Prince Edward's Island—who had no party proclivities, and was always ready to support the crown in a crisis—became nominally head of a weak administration. The ministry was only completed after a most unconstitutional delay of several months, and was even then only composed of men whose chief merit was their friendliness to the governor, who dissolved the assembly and threw all the weight of the crown into the contest. The governor's party was returned with a very small majority, but it was a victory, like that of Sir Francis Bond Head in 1835, won at the sacrifice of the dignity of the crown, and at the risk of exciting once more public discontent to a dangerous degree. Lord Metcalfe's administration was strengthened when Mr. Draper resigned his legislative councillorship and took a seat in the assembly as leader. Lord Metcalfe's conduct received the approval of the imperial authorities, who elevated him to the peerage—so much evidence that they were not yet ready to concede responsible government in a complete sense. The result was a return to the days of old paternal government, when the parliamentary opposition was directed against the governor himself and the British government of which he was the organ. Lord Metcalfe had been a sufferer from cancer, and when it appeared again in its most aggravated form he returned to England, where he died a few months later (1846). The abuse that followed him almost to the grave was a discreditable exhibition of party rancour, but it indicated the condition to which the public mind had been brought by his unwise and unconstitutional conduct of public affairs—conduct for which his only apology must be the half-hearted, doubtful policy of the imperial authorities with regard to the province, and his own inability to understand the fundamental principles of responsible government.

Lord Metcalfe's successor was Lord Cathcart, who had served with distinction in the Peninsular War, and was appointed with a view to contingencies that might arise out of the dispute between England and the United States on the Oregon boundary question, to which I shall refer in another chapter. He pursued a judicious course at a time when politics were complicated by the fact that the industry and commerce of the country were seriously deranged by the adoption of free trade in England, and the consequent removal of duties which had given the preference in the British market to Canadian wheat, flour and other products. What aggravated the commercial situation was the fact that the navigation laws, being still in force, closed the St. Lawrence to foreign shipping and prevented the extension of trade to other markets so as to compensate Canadians for the loss of that with the parent state. Lord Cathcart was recalled within less than a year, when all prospect of war with the United States had disappeared, and was followed (1847) by a civil governor, the Earl of Elgin, who was chosen by the Whig ministry, in which Lord John Russell was prime minister, and Earl Grey the secretary of state for the colonies. It had dawned upon English statesmen that the time had come for giving the colonists of British North America a system of responsible government without such reserves as had so seriously shackled its beginnings. In all probability they thought that the free-trade policy of England had momentarily weakened the ties that had bound the colonies to the parent state, and that it was advisable to follow up the new commercial policy by removing causes of public discontent in the province.

Lord Elgin was happily chosen to inaugurate a new era of colonial self-government. Gifted with a judicial mind and no ordinary amount of political sagacity, able to originate as well as carry out a statesmanlike policy, animated, like Lord Durham—whose daughter he had married—by a sincere desire to give full scope to the aspirations of the people for self-government, so far as compatible with the supremacy of the crown, possessed of eloquence which at once charmed and convinced, Lord Elgin was able to establish on sure foundations the principles of responsible government, and eventually to leave Canada with the conviction that no subsequent representative of the crown could again impair its efficient operation, and convulse the public mind, as Lord Metcalfe had done. On his arrival he gave his confidence to the Draper ministry, who were still in office; but shortly afterwards its ablest member was elevated to the bench, and Mr. Sherwood became attorney-general and head of a government, chiefly interesting now for the fact that one of its members was Mr. John Alexander Macdonald, who, on becoming a member of the assembly in 1844, had commenced a public career which made him one of the most notable figures in the history of the colonial empire of England.

Parliament was dissolved, and the elections were held in January, 1848, when the government were defeated by a large majority and the second Lafontaine-Baldwin ministry was formed; a ministry conspicuous for the ability of its members, and the useful character of its legislation during the four years it remained in power. It is noteworthy here that Lord Elgin did not follow the example of his predecessors and select the ministers himself, but followed the strict constitutional usage of calling upon Mr. Lafontaine as a recognised leader of a party in parliament to form a government. It does not fall within the scope of this chapter to go into the merits of this great administration, whose coming into office may be considered the crowning of the principles adopted by Lord Elgin for the unreserved concession of responsible government, and never violated from that time forward by any governor of Canada.

We must now direct our attention to the maritime provinces, that we may complete this review of the progress of responsible government in British North America. In 1836 the revenues of New Brunswick had been placed at the disposal of the legislature, and administrative power entrusted to those who possessed the confidence of the assembly. The lieutenant-governor, Sir John Harvey, who had distinguished himself in the war of 1812-15, recognised in Lord John Russell's despatches "a new and improved constitution," and by an official memorandum informed the heads of departments that "thenceforward their offices would be held by the tenure of public confidence"; but after his departure (in 1841) an attempt was made by Sir William Colebrooke to imitate the example of Lord Metcalfe. He appointed to the provincial secretaryship a Mr. Reade, who had been only a few months in the province, and never represented a constituency or earned promotion in the public service. The members of the executive council were never consulted, and four of the most popular and influential councillors soon resigned. One of them, Mr. Lemuel A. Wilmot, the recognised leader of the Liberals, addressed a strong remonstrance to the lieutenant-governor, and vindicated those principles of colonial government "which require the administration to be conducted by heads of departments responsible to the legislature, and holding their offices contingently upon the approbation and confidence of the country, as expressed through the representatives of the people." The colonial secretary of state disapproved of the action of the lieutenant-governor, and constitutional government was strengthened in this province of the Loyalists. From that time there was a regularly organised administration and an opposition contending for office and popular favour.

In Nova Scotia a despatch from Lord Glenelg brought to a close in 1838 the agitation which had been going on for years for a separation of the executive from the legislative functions of the legislative council, and the formation of two distinct bodies in accordance with the existing English system. In this state paper—the first important step towards responsible government in the province—the secretary of state, Lord Glenelg, stated that it was her Majesty's pleasure that neither the chief justice nor any of his colleagues should sit in the council, that all the judges should entirely withdraw from all political discussions; that the assembly's claim to control and appropriate all the revenues arising in the province should be fully recognised by the government; that the two councils should be thereafter divided, and that the members of these bodies should be drawn from different parts of the province—Halifax previously having obtained all the appointments except one or two—and selected without reference to distinctions of religious opinions. Unfortunately for Nova Scotia there was at that time at the head of the executive a brave, obstinate old soldier, Sir Colin Campbell, who had petrified ideas on the subject of colonial administration, and showed no disposition to carry out the obvious desire of the imperial authorities to give a more popular form to the government of the province. One of his first official acts was to give to the Anglican Church a numerical superiority to which it had no valid claim. As in Upper Canada, at that time, there was a combination or compact, composed of descendants of English Tories or of the Loyalists of 1783, who belonged to the Anglican Church, and were opposed to popular government. Two men were now becoming most prominent in politics. One of these was Mr. James William Johnston, the son of a Georgia Loyalist, an able lawyer, gifted with a persuasive tongue which chimed most harmoniously with the views of Sir Colin. On the other side was Mr. Joseph Howe, the son of a Loyalist printer of Boston, who had no such aristocratic connections as Mr. Johnston, and soon became the dominant influence in the Reform party, which had within its ranks such able and eloquent men as S.G.W. Archibald, Herbert Huntington, Lawrence O'Connor Doyle, William and George R. Young, and, very soon, James Boyle Uniacke. Sir Colin Campbell completely ignored the despatches of Lord John Russell, which were recognised by Sir John Harvey as conferring "an improved constitution" upon the colonies. In February, 1840, Mr. Howe moved a series of resolutions, in which it was emphatically stated that "no satisfactory settlement of questions before the country could be obtained until the executive council was remodelled," and that, as then constituted, "it did not enjoy the confidence of the country." The motion was carried by a majority of eighteen votes, in a house of forty-two members, and indeed, so untenable was the position of the executive council that Mr. James Boyle Uniacke, a member of the government, retired, rather than vote, and subsequently placed his resignation in the hands of the lieutenant-governor, on the ground that it was his duty to yield to the opinions of the representative house, and facilitate the introduction of a better system of government, in accordance with the well-understood wishes of the people. From that time Mr. Uniacke became one of Mr. Howe's ablest allies in the struggle for self-government. Sir Colin, however, would not recede from the attitude he had assumed, but expressed the opinion, in his reply to the address of the legislature, that he could not recognise in the despatch of the colonial secretary of state "any instruction for a fundamental change in the colonial constitution." The assembly then prayed her Majesty, in a powerful and temperate address, to recall Sir Colin Campbell. Though Lord John Russell did not present the address to the Queen, the imperial government soon afterwards appointed Lord Falkland to succeed Sir Colin Campbell, whose honesty of purpose had won the respect of all parties.

Lord Falkland was a Whig, a lord of the bedchamber, and married to one of the Fitzclarences—a daughter of William IV and Mrs. Jordan. He arrived at Halifax in September, 1840, and his first political act was in the direction of conciliating the Liberals, who were in the majority in the assembly. He dismissed—to the disgust of the official party—four members of the executive who had no seats in either branch of the legislature, and induced Mr. Howe and Mr. James MacNab to enter the government, on the understanding that other Liberals would be brought in according as vacancies occurred, and that the members of the council should hold their seats only upon the tenure of public confidence. A dissolution took place, the coalition government was sustained, and the Liberals came into the assembly with a majority. Mr. Howe was elected speaker of the assembly, though an executive councillor—without salary; but he and others began to recognise the impropriety of one man occupying such positions, and in a later session a resolution was passed against the continuance of what was really an un-British and unconstitutional practice. It was also an illustration of the ignorance that prevailed as to the principles that should guide the words and acts of a cabinet, that members of the executive, who had seats in the legislative council, notably Mr. Stewart, stated openly, in contradiction of the assertions of Mr. Howe and his Liberal colleagues, that "no change had been made in the constitution of the country, and that responsible government in a colony was responsible nonsense, and meant independence." It was at last found necessary to give some sort of explanation of such extraordinary opinions, to avert a political crisis in the assembly. Then, to add to the political embarrassment, there was brought before the people the question of abandoning the practice of endowing denominational colleges, and of establishing in their place one large non-sectarian University. At this time the legislature voted annual grants to five sectarian educational institutions of a high class. The most important were King's College, belonging to the Anglican Church, and Acadia College, supported by the Baptists. The Anglican Church was still influential in the councils of the province, and the Baptists had now the support of Mr. Johnston, the able attorney-general, who had seceded from the Church of England. This able lawyer and politician had won the favour of the aristocratic governor, and persuaded him to dissolve the assembly, during the absence of Mr. Howe in the country, though it had continuously supported the government, and the people had given no signs of a want of confidence in the house as then constituted. The fact was, Mr. Johnston and his friends in the council thought it necessary to lose no time in arousing the feelings of the supporters of denominational colleges against Mr. Howe and other Liberals, who had commenced to hold meetings throughout the country in favour of a non-sectarian University. The two parties came back from the electors almost evenly divided, and Mr. Howe had an interview with Lord Falkland. He consented to remain in the cabinet until the assembly had an opportunity of expressing its opinion on the question at issue, when the governor himself precipitated a crisis by appointing to the executive and legislative councils Mr. M.B. Almon, a wealthy banker, and a brother-in-law of the attorney-general. Mr. Howe and Mr. MacNab at once resigned their seats in the government on the ground that Mr. Almon's appointment was a violation of the compact by which two Liberals had been induced to join the ministry, and was most unjust to the forty or fifty gentlemen who, in both branches, had sustained the administration for several years. Instead of authorising Mr. Johnston to fill the two vacancies and justify the course taken by the governor, the latter actually published a letter in a newspaper, in which he boldly stated that he was entirely opposed to the formation of a government composed of individuals of one political party, that he would steadily resist any invasion of the royal prerogatives with respect to appointments, and that he had chosen Mr. Almon, not simply on the ground that he had not been previously engaged in political life to any extent, but chiefly because he wished to show his own confidence in Mr. Johnston, Mr. Almon's brother-in-law. Lord Falkland had obviously thrown himself into the arms of the astute attorney-general and his political friends.

It was now a political war à outrance between Lord Falkland and Mr. Howe, from 1842 until the governor left the province in 1846. Lord Falkland made strenuous efforts to detach Mr. MacNab, Mr. Uniacke and other Liberals from Mr. Howe, and induce them to enter the government, but all to no purpose. He now gave up writing letters to the press, and attacked his opponents in official communications addressed to the colonial office, which supported him, as it did Lord Metcalfe, under analogous circumstances. These despatches were laid without delay on the tables of the houses, to be used far and wide against the recalcitrant Liberals. Mr. Howe had again renewed his connection with the press, which he had left on becoming speaker and councillor, and had become editor of the Nova Scotian, and the Morning Chronicle, of which Mr. Annand was the proprietor. In these influential organs of the Liberal party—papers still in existence—Mr. Howe attacked Lord Falkland, both in bitter prose and sarcastic verse. All this while the governor and his council contrived to control the assembly, sometimes by two or three votes, sometimes by a prorogation when it was necessary to dispose summarily of a troublesome question. Public opinion began to set in steadily against the government. The controversy between Lord Falkland and Mr. Howe reached its climax on the 21st February, 1846, when a despatch was brought down to the house, referring to the speaker, Mr. William Young, and his brother, George R. Young, as the associates of "reckless" and "insolvent" men—the reference being to Mr. Howe and his immediate political friends. When the despatch had been read, Mr. Howe became greatly excited, and declared amid much disorder that if "the infamous system" of libelling respectable colonists in despatches sent to the colonial office was continued, "without their having any means of redress … some colonist would by-and-by, or he was much mistaken, hire a black fellow to horsewhip a lieutenant-governor."

It was time that this unhappy conflict should end. The imperial authorities wisely transferred Lord Falkland to Bombay, where he could do no harm, and appointed Sir John Harvey to the government of Nova Scotia. Like Lord Elgin in Canada, he was discreetly chosen by the Reform ministry, as the sequel showed. He was at first in favour of a coalition government like his predecessors, but he wisely dissolved the assembly when he found that the leading Liberals positively refused to go into an alliance with the members of the executive council, or any other set of men, until the people had decided between parties at the polls. The result was a victory for the Liberals, and as soon as the assembly met a direct motion of want of confidence was carried against the government, and for the first time in the history of the country the governor called to his council men exclusively belonging to the opposition in the popular branch. Mr. Howe was not called upon to form a cabinet—his quarrel with Lord Falkland had to be resented somehow—but the governor's choice was Mr. James Boyle Uniacke, who gave a prominent position in the new government to the great Liberal, to whom responsible government owed its final success in this maritime province.

Responsible government was not introduced into Prince Edward Island until 1851, when an address on the prosperous state of the island was presented to the imperial authorities, who at once consented to concede responsible government on the condition that adequate provision was made for certain public officers affected by the new order of things. The leader of the new government was the Honourable George Coles.