The existence of the Commission was studiously ignored by the Assembly. But on the 6th of November an amendment to the draft in answer to the address was moved, approving of the appointment of the commission as a proof of the wisdom and magnanimity with “which the grievances of the province had been listened to, and now confidently hope that the results of its labours will be satisfactory to all classes.”[7] Mr. Papineau vehemently attacked the motion. The commissioners were without legal or constitutional power. Their report, favourable or not, was immaterial. The motion was voted down by forty-five to eight. The governor general’s position as such was, however, recognized.
The “Constitutional” associations of Montreal and Quebec, composed of those who held substantially by the existing constitution with certain reforms dictated by expediency, were meanwhile viewing with dissatisfaction the intransigeant attitude of the majority of the house. At Montreal it was proposed by the British population to raise a volunteer corps of 800 strong. A memorial was sent at the close of December to the Governor General asking for official sanction for the enrollment and offering its services to the Government. It was not granted on the grounds that no rights were in danger and that the enrollment would endanger public tranquillity. The organization was proceeded with. Lord Gosford issued a proclamation declaring it illegal and unconstitutional. The corps was dissolved and in notifying Lord Gosford he was informed that “As committee men of the British Rifle Corps we must express to Your Excellency our regrets that the day has arrived when, in a colony conquered by British arms, a body of loyal subjects has been treated as traitors by a British Governor General for no other crime than that of rousing themselves to protect their persons and property and to assist in maintaining the rights and privileges granted them by the constitution.”
In addition a meeting was called and a memorial sent to Lord Gosford justifying their conduct on the grounds that the constitution was endangered. They would always be ready to defend British institutions.[8] It is said that the Doric Club, a more or less secret society of Britishers, now dated its formation.
The policy of conciliation was meeting a rebuff on both sides. The Montreal “Vindicator” later even spoke of “the treacherous administration of Lord Gosford.”
On the 21st of March, 1836, the parliament was prorogued. There was the same stubborn determination of the majority of the assembly to assert itself to overrule the existing constitution and thus control the situation on the lines of the Ninety-Two Resolutions so as to make government impossible. It met again on September 22d. No bills were passed; two were introduced, one for the appointment of an agent in London, another to amend the Imperial act of 1791 (an unconstitutional proceeding beyond the powers of the assembly), with a view of establishing an elective legislative assembly directly responsible to the representatives of the people. This appeal for “responsible” government as it was then vaguely conceived, was always steadfastly pursued as the basic reform needed to solve all the other grievances under which the province was suffering. The aim was self-government and the abolition of the bureaucracy and privileged class incidental on an appointed legislative council chosen by the Crown. After a short session of thirteen days in all, the house was prorogued on October 4th. The parliament of Lower Canada met again on August 18, 1837, but as its members would not transact any business at all, it was prorogued on August 20th, never to meet again.
The annual meeting of the Montreal Constitutional Association met in December, 1835. Ward committees were appointed. Among the principles to be advocated was the abolition of the feudal tenure, the continued improvement of the harbour of Montreal and of the canal communications. In February, 1836, Sir John Colborne was relieved of his position as Lieutenant Governor of Upper Canada. Before embarking for England he was appointed Commander-in-Chief of the forces in both provinces. On July 1st he issued a general order from Montreal on the assumption of command. In June a movement of a “Constitutional” committee was afoot in Montreal for the recall of Lord Gosford. It dropped, however, on opposition from the Quebec Constitutional party.
FOOTNOTES:
[1] “Canadian Archives,” Q. 197, p. 78; see report by Dr. Brymner for 1899.
[2] The Quebec Gazette justified Mr. Papineau’s being present as he was acting in his profession as an advocate.