A history of Canada, 1763-1812

by Sir Charles Prestwood Lucas

Haldimand was a man of the Carleton type; and, before he left London to take up his appointment, he wrote to Germain to the effect that he should be given full discretion in military matters, and, as civil governor, have the nomination to all appointments. Like Carleton, he was attacked by the partisans of Congress in Canada as a military despot, the enemy of civil liberties, the best known case against him being that of Du Calvet,[152] a French Protestant, who was in 1780 arrested and imprisoned for encouraging and abetting treason, and who subsequently published his case against the governor in London. That Du Calvet was a traitor there seems to have been no doubt, but his charges against the governor coloured the view which was commonly taken in after years of Haldimand’s administration. None the less, whatever may have been the technical merits of this and other individual cases, it is beyond question that, at a time when England was badly served both at home and abroad, in the most critical years, and in Canada where the position was most difficult, she was conspicuously well served by Carleton and Haldimand. Haldimand governed a community, in which the minority, as in Carleton’s time, was largely disaffected, and the loyalty of the majority was undermined by French appeals. From day to day the danger of attack at this point or at that was imminent, while there was constant risk that the supplies which came over the sea would be intercepted by French ships or American privateers. In England Haldimand’s master was still the same self-willed, half-informed minister Germain. In Canada there were few that he could trust. Yet solitary in public as in private life—for he had no wife or child—he held the reins of government with a firm and an honest hand, a good servant of England though of foreign birth. If Canada at the present day be compared with the province of Quebec which the Peace of 1763 gave into British keeping, the three main elements in the evolution of the great Dominion will be found to have been British immigration, canals, and railways. Railways, opening the North-West and linking the two oceans, date from long after Haldimand’s time; but he was governor when the first steps were taken to improve the waterways of Canada, and he watched over the incoming of the United Empire Loyalists.

The Vermont negotiations.

Not the least of Haldimand’s difficulties was that he had to negotiate peace and wage war at the same time, for, while directing or controlling border raids at other points on the Canadian frontier, he had on his hands, from 1779 onwards, troublesome and in the end abortive negotiations with the settlers in the present state of Vermont. Of the character of these settlers he seems to have had but a poor opinion, their lawless antecedents no doubt not being to his mind. Ethan Allen and the Green Mountain Boys had not been animated by American patriotism alone when at the beginning of the war they took Ticonderoga. They had in their minds to put themselves in evidence and to vindicate their claim to be free of New York. While the war went on, and after it ended, their determination to be an independent state was as strong as ever; and their negotiations with Canada were an intimation to Congress that the price of their continued adhesion to the continental cause must be recognition of their local independence. The policy had the immediate merit of giving them a respite from Canadian raids, and it left open a choice of future issues. The Vermont men knew the value or the weakness of their geographical position as regards Canada. It was patent then as it was in the later war of 1812. In a private letter to Lord North, dated the 24th of October, 1783,[153] Haldimand wrote, ‘Since the provisional treaty has been made public, several persons of influence in the state of Vermont have been here at different times, they all agree in describing these people as very averse to Congress and its measures.... They made no scruple of telling me that Vermont must either be annexed to Canada or become mistress of it, as it is the only channel by which the produce of their country can be conveyed to a market, but they assured me that they rather wished the former.’ The Vermont settlers were, in short, like many states and many individuals before and since, on the fence; but in the end they were neither annexed to Canada nor did they become mistress of her, for in 1791 Vermont became a state of the American Union, and Canada worked out her own salvation.

Haldimand’s dispatches might have been written by Carleton. There is the same point of view, almost the same turn of expression. On the 25th of October, 1780, in a long dispatch to Lord George Germain, giving an account of the general conditions of men and things in Canada, he wrote, ‘As it is my duty, it has been my business to inform myself of the state of the country, and I coincide with the majority of the Legislative Council in considering the Canadians as the people of the country, and think that in making laws and regulations for the administration of these laws, regard is to be paid to the sentiments and manner of thinking of 60,000 rather than of 2,000—three-fourths of whom are traders and cannot with propriety be considered as residents of the province. In this point of view the Quebec Act was both just and politic, though unfortunately for the British Empire it was enacted ten years too late. It requires but little penetration to discover that, had the system of government solicited by the old subjects been adopted in Canada, this colony would in 1775 have become one of the United States of America.’[154] Three years later, when the war was over, in his letter to Lord North referred to above, he wrote ‘This province can only be preserved by bringing back the Canadians to a regular subordination, and by rendering them useful as a well-disciplined militia. In order to effectuate this, the authority of government must be strengthened and not diminished’.[155]

Like Carleton and like Murray, Haldimand had it at heart to provide the people of Canada with an upright and kindly administration. Among the various grievances, real or alleged, which were ventilated from time to time, one of the most substantial, so far as the French Canadians were concerned, was the excessive amount which was exacted from them by officials and lawyers in the form of fees of office. In 1780 Haldimand assented to an ordinance regulating the fees for two years, at the expiration of which time he hoped that the Legislature would, from the experience gained in the meantime, be able to draw up ‘a more perfect list of fees, more permanent and less burthensome to the people’ for, he wrote, ‘the fees in general are by far too high and more than the people of this province can bear.’[156] A favourite complaint of the British minority, who had as little to complain of as they were loud and persistent in complaining, was that there was no statutory provision for the right of Habeas Corpus, which was supposed to have been abolished by the Quebec Act. When peace was restored and the step could safely be taken, Haldimand met this grievance by passing, in 1784, an ordinance ‘for securing the liberty of the subject and for the prevention of imprisonments out of this province’.[157] When reporting the passing of the fees ordinance Haldimand wrote, ‘Sir Guy Carleton had in the sessions 1775 proposed to regulate the fees of office, and had that business very much at heart. Committees were appointed for that salutory purpose and, though many obstacles were thrown in the way, great progress was made. The ordinance was lost for that time by Sir Guy Carleton’s putting an end to the session in consequence of motions made in council by Mr. Livius and others’.[158] He himself suffered from similar obstruction; his dispatch goes on to refer to members of his council, ‘who, however willing they may be to circumscribe the King’s authority in measures of general utility to his service and the welfare of his people, are for carrying on to the greatest height his prerogative to grant Letters Patent for the emolument of individuals though to the oppression of the people’. As the outcome of the Livius case, two additional Royal Instructions had been issued to Haldimand, dated the 29th of March, 1779. The first prohibited him from interpreting the words in the general instructions ‘It is our further Will and Pleasure that any five of the said council shall constitute a board of council for transacting all business in which their advice and consent may be requisite, acts of legislation only excepted’, as Carleton had interpreted them, namely, as authorizing the governor to select five particular members of the Legislative Council to form an Executive or Privy Council; and it instructed him to communicate this decision to the council. The second instructed him to communicate to the council ‘such and so many of our said instructions, wherein their advice and consent are made requisite, with such others from time to time as you shall judge for our service to be imparted to them’.[159] Haldimand did not at once communicate these additional instructions to his council. He thought that at the time it was not for the public interest to do so, and he wrote to Germain to that effect, but only brought upon himself a severe reprimand alike from Germain and from the Board of Trade. Equally he thought it inadvisable, under existing circumstances, to communicate to his council certain clauses in the general instructions, in which the Home Government practically invited the Quebec Legislative Council to modify the Quebec Act, recommending the introduction to some extent of English civil law and also statutory provision for Habeas Corpus. Like Carleton he saw things face to face, as a soldier not as a constitutional lawyer, and he gave advice according to existing conditions, which were those of war and not of peace. These two governors may have been technically wrong in this point or in that, but they had the root of the matter in them, they governed with a single eye, a firm hand, and with most generous and humane intent. ‘Party spirit,’ Haldimand wrote to Germain, ‘is the enemy of every private as well as public virtue. Since my arrival in the province I have steered clear of all parties and have taken great care not to enter into the resentments of my predecessor or his friends, but this present occasion obliges me to declare to your lordship that in general Mr. Livius’ conduct has not impressed people with a favourable idea of his moderation.’[160] There was no party spirit about Carleton, nor yet about Haldimand. In a bad time, when partisanship was rife, they stood for the good name of England, and for the substance of sound and honest administration.

Clinton succeeds Howe at Philadelphia and retreats to New York.

At the same time that Haldimand relieved Carleton, Sir Henry Clinton took over from Howe the command of the army at Philadelphia. He arrived there at the beginning of May, 1778, and at the end of the month Howe left for England. The abandonment of Philadelphia had been ordered from home, in view of the new complications produced by the intervention of France in the war. All the available ships carried off to New York, stores, baggage, and numbers of Loyalists, while Clinton retreated with his army overland through New Jersey. On the 18th of June he left Philadelphia, which was immediately re-occupied by the Americans, and for a fortnight, closely followed by Washington, he slowly made his way in the heat of the summer through the enemy’s country. On the 28th of June in what is known as the battle of Monmouth, near Freehold Court House, he fought a rearguard action with Lee, who commanded the advance of Washington’s army: and, thereby covering his retreat, reached Sandy Hook, and on the 5th of July carried over his troops to New York.

The French fleet.

D’Estaing and a French squadron had now appeared on the scene, threatened New York, and in co-operation with the American general Sullivan attacked the English in Rhode Island. Bad weather, the skill and seamanship of Admiral Howe, and the preparations made by the English commander on shore, rendered the expedition abortive, and the summer closed without decisive success on either side.

Operations in the south.